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.

A Preface to the READER, written by N. E.

Shewing that the Book (concerning the Oath, decreed in the sixth Canon of the late Sy∣nod) as it was penned in good season; so it is now published not out of season: since it is yet of good use, to divers purposes, of great and permanent importance, when both the Oath and Penalty be wholly sup∣pressed.

WHen the Authour of this ensuing Treatise composed it, there was (by reason of the new enjoyned Oath) much doubt and distraction among many godly and learned Ministers; and (for their sakes) among the peo∣ple also, whereto these Doubts, and Hopes, and Reasons ministred a seasonable remedy: for, the Doubts put many out of doubt, that the Oath, as it was framed, was to be refused: the Hopes (for all that) upheld the heart against despaire of safety, from the commination of the Canon; and the Reasons gave support unto them both: and all together (with the

learned ingenuity and pious modesty, diffused through the whole frame and stile of the worke) have so taken the hearts of divers Divines of eminent note (for their good parts and great paines in their holy callings, among whom were some, whose dignity in the Church was by the Canon to be secured from altera∣tion) as to obtaine their hands, for subscription unto it; and to cause both them and many more to importune the publication of the Book (though the Oath it selfe, and Penalty annexed to it, were disanulled) since the matter and manner of it are both of that kind, which may at any time entertaine a discreet and religious Reader with profit and delight.

For first, albeit the Oath gave the motive to it, yet it is not the Oath that makes the measure of it: for (be∣sides that) it compriseth many very observable mat∣ters, concerning the purity of Religion (without mix∣ture of Idolatry) the duties of Christianity, the predo∣minance of Prelates, and priviledges of Presbyters, with many other particulars of moment, worthy of the publicke view, if that so offensive, and (in respect of some I may say) formidable Canon, had never beene made.

And for the Oath it selfe, this Booke will present unto the Reader very many considerable advertise∣ments, which no distance of time will put out of date: Concerning

First, the Synod of Divines, by whom the Canon was decreed.

Secondly, those by whom it was disliked, when it was knowne.

Thirdly, their freedome from it, who were in danger by it.

First, for the Synod of Divines, the many & weighty exceptions against the Oath, give just reason to su∣spect, that it was not framed by common consultation among them, but devised by some one, or some few (at the most) who over-awed the rest, and so obtruded it upon them, without their good liking; though great feare of opposing, and little hope of prevailing; which held them from making any open resistance against it.

To this purpose hath something been said on both sides: for, on the one, it was told by a Favourite of a man of great power in the Synod (as in praise of his prudence) that hee composed the Canons before the Clergy assembled: and on the other side (which be∣longs to the second particular, and leads us to it) some of the Synod have professed so much dislike of that Canon of the Oath, that had it been in their power to suppresse it, it should never have proceeded beyond the breath that first put it forth.

And for the learned and pious Composer of these animadversions upon it, though hee were a Clerke of the Convocation at Yorke, he never heard of it, untill it had obtained its finall approbation, both in that and the other Province; wherein yet hee was not wanting for the use of fit meanes, for his due information: for knowing that the Assembly at London was the Diall, that at Yorke but the Clocke, which was usually set and regulated by it: presently after his returne from the first Session at Yorke, hee addressed himselfe to∣wards London for intelligence at the first hand, that when the Canons were transmitted thither, hee might be sufficiently instructed (upon good grounds) to give or deny his assent unto them: and so to doe either, that

he might not be alone in that choice, whereto his con∣science did encline him.

But being on his journie, hee was confidently certi∣fied (by the way) that the Parliament was dissolved, and with that hee conceived, both the Convocation and his Clerkship were expired: and therefore that he was discharged of further care and paines for such a purpose; and if the cause had not been carried more by the power of some few, then the approbation of most, it might be matter of very great marvell, that so many, so great Clerkes should give their assents to a thing (to bee assur'd upon Oath) which is so many waies subject to doubtfull construction.

And this may bee a just ground to all judicious and conscionable Divines, to desire a Synod of another Constitution; wherein there may be more freedome, for discussion and determination of Ecclesiasticall matters, then was in that, or can be expected in any of that kind.

Besides such as were members of Provinciall meetings, there were many more who were offended at the Oath, not only those who were affrighted with the penalty (especially the most conscionable Clergy) but many of the Laity (of the best sort and highest rank) have petitioned, pleaded, and, as it is now com∣monly reported, the Honourable House of Commons have voted it downe (though the right Honourable Lords of the Upper House have not yet so far decla∣red their judgements against it.)

To these this booke may doe some acceptable ser∣vice, as a just and complete Apology against that Ca∣non, which decrees for it, and so severely threatens the

refusall of it) and against them, who so far favour it, as to referre all the Doubts and Quaeres about it, and Reasons against it, rather to perverse prejudice of those that find fault with it, then to any just cause of excepti∣on in the Oath it selfe: adding with great confidence in it, and no lesse contempt of such as condemn'd it, that, If any of the Apostles, yea, or Christ himselfe had penned it (a supposition of meere impossibility) such men would yet have been cavilling against it.

I can name the man that said it, & som what else (not much better to the same effect) and it may be an Apo∣logy likewise for such as dislike it, against those who have taken upon them by writing to defend it, as con∣taining nothing in it, that may offend the conscience (if the judgement be not too weake, or the passion too strong) whose papers have been too passent, and too much prevailed with some, who have not seene this discourse, wherein the Author discovers their glosses upon it to bee but as the gildings of a rotten Nutmeg, though he forbeare their names, out of respect unto the common peace, and to their reputations in parti∣cular, who must needs suffer with it, so far as they are opposed as Apologists for it: since as one of them ac∣knowledged (in the beginning of his answer to the Quaeres of the Ministers of London) that the noise a∣gainst the Oath grew every day lowder and lowder, and that it was loaded with publicke and popular infamy: and so it is like hee should have more need of pardon (as for a presumptuous undertaking in that cause, being but a private person) then that he could bring sufficient aide to justifie the Oath, which (not without just cause) had incurr'd so much condemnation.

Thirdly, if we consider their freedome from it, who were in danger by it & they were many good Ministers, who (if the swearing Canon had continued in force) must have suffred losse of their liberty, and livelihood; and very many good people, who were like to be depri∣ved of their loving and laborious Ministers) this Book may be of very good use, as a ready memoriall of such a mercy to them all, as cannot bee forgotten, without wicked ingratitude: first to God, and next to those worthy and honourable persons, who have been the patrons of their present comfort, and protectours of them from the pressure of this rigorous innovation: and unworthy were they (surely) of so great a favour, if they should thinke, that when the Oath is condem∣ned, they are forthwith discharged from any farther thought or consideration upon it.

For mine owne part, said a worthy Divine (and I am of his mind) I shall endeavour alwaies to keep such an impression both of the perill and disappointment of the project, for which the Canon was contrived, that theb se∣cond of November (the day designed for the execution of the decree of that Canon) shall be to me as one of the dayes of Purim, for hearty thanksgiving for deliverance from it; and this Booke shall supply me with proper lessons for the service of that day.

Whereto, as for the matter it is very pertinent; so for the stile and manner of writing, it cannot but bee pleasing to an ingenuous and well composed spirit, since it runnes (with an equitable temper of judicious moderation) without all mixture of humour or passion, and neither mounts too high, with any straine of pre∣sumption, nor coucheth too low by any servile insinu∣ation.

It may be, some will conceive it hath too many re∣lishes of reverence to Bishops, because the tenure of their Authority is therein questioned, and the abuse of it deservedly disliked by the best of all sorts; but that will be no matter of exception, if they consider

1. That when the book was first penned, and open∣ly avowed by the Authour, those Canonicall Dicta∣tors (who composed the Oath, and propounded it to the rest for their ratification) were at the highest pitch of Ecclesiasticall Prelation: and that their power came forth armed with a new plantation of terrible Canons.

2. That they have long enjoyed, and yet are pos∣sest of an awfull preheminence over their Brethren.

3. That however their callings be accounted of, the persons of many of them, in respect of many ex∣cellent endowments in them, are in good manners and accustomed civility, to be entertained with respe∣ctive termes, which have been allowed even to those who have been thought bad enough to bee deposed from their Episcopall dignities; as by this learned Authour, out of the Councell of Calcedon upon an∣other occasionis observed in another worke (which, I hope, ere long will come to light.) The words of the Councell, as wee have them delivered byb Evagrius, are these: It seemeth good to us, and no doubt God ap∣proveth the same, that Dioscorus the most reverend Bi∣shop of Alexandria (if so please our Lord the Emperour) Juvenalis the most reverend Bishop of Jerusalem, Tealas∣sius the most reverend Bishop of Armenia, should be puni∣shed, and alike deposed from their Bishopricks, by the sentence and judgement of the Councell, and bee at the Emperours pleasure.

To conclude (for this Book) if there were any need to commend it to common acceptance, by especiall approbation, I could (had I the Authours consent to this purpose) produce many Letters of such as have read it, and are best able to judge of it; but that would bee in this case a superfluous service; and it will be e∣nough to take notice of one of them, which is as fol∣loweth:

Reverend Sir,

YOur Treatise of the Oath is a very excellent Cōment upon a bad Text, fit to be made publick for the com∣mon good, not onely for the present, but for after times. And as was said (by one) of Adams fall, that it was foe∣lix culpa, in that it gave occasion to the manifestation of so great a mercy to mankind as followed thereupon; so may I say of the unhappy Oath (unhappy in respect of it selfe) that it was foelix Juramentum, an happy Oath, in respect it induced the production of such a profitable discourse upon it; very profitable doubtlesse, if it may become as uni∣versall as it is usefull, which is the humble and hearty desire of him that professeth himselfe

Yours in all offices of a friend and servant, G.J.

Having had opportunity to peruse many such Letters, I have made choice of the shortest, because I would not (any longer) withhold the Reader from the principall provision prepared for him: whereto I now shall willingly dismisse him.

N.E.

Notes

• b

  All Soules day, a day of high estimati∣on with the Papists; which festivity would (no doubt) have advance•• to a higher de∣gree of jollity if it had been (as it was like to be) a day 〈◊〉〈◊〉 distress to th•• best Minister•• whom they ac∣count as their worst enemie••
• b

  Evagr. Scho∣••st •• 2. c. 4.