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.

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 theh 1.1 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 theiri 1.2 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 Ed∣ward the fourth) hek 1.3 denied to give him his Tempo∣ralties, 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 begin∣ning

of Queen Elisabeths raigne; and is not so esta∣blished, but that by Regall power it may bee demoli∣shed.

Thirdly, there may bee more Archbishops then two, if it please the King: for, by the same right, or better, thatl 1.4 Offa King of Mercia erected a new Arch∣bishopricke in Lichfield (leaving to the Archbishop of Canterbury for his Province onely London, Winche∣ster, 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 Archbi∣shopricke, butm 1.5 London and Gla∣morgan, orn 1.6 Saint Davids: and for London, it continued so from the yeare 300. or thereabout (though Stowe say it was the same Archbishopricke with Canterbu∣rie, 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 ao 1.7 Nationall Councell) hee may place a Patriarch; and King James shewed himselfe well enough in∣clined to such a superiority, when he said,p 1.8 Patriarchs, I know, were in the time of the Primitive Church, and among them there was a contention for the first place: and for my

selfe if that were yet the Question (and Papall Innovation in Religion put downe; for that is his meaning, though he doe not plainly expresse it) I would with all mine heart give my consent, that the Bishop of Rome should have the first seat: I being a Westerne King, would goe with the Patriarch of the West, as the Churches of great Britaine ofq 1.9 courtesie, not of duty, in former times were wont to doe.

And for each particular Pre∣late, whether Archbishop, or Bi∣shop, 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 pro∣mise, 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 re∣spects may be a prevarication, fitter to be abolished, then established: as appeareth by that of Spalatensis, saying,r 1.10 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) Juris∣diction

hath not been so much, as an unnecessary ap∣pendance 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.

Notes

• h 1.1

  Doct. Cous. de polit. Angl. cap. 3.
• i 1.2

  Stat. 37. H. 8. c. 17. Stat. 1. Edw. 6. c. 2. & 25. H. 8. c. 19. & 1 Elis. c. 1. & 5 Elis. c. 1. & 3. Jac. c. 4.
• k 1.3

  Bish. Godw. in his Catol. of Bish. p. 200.
• l 1.4

  Ibid. pag. 58.
• m 1.5

  Archbish. Whitg. out of Master Foxe noteth, that about the year 180. the three Archistamines of the Pagan Britain were changed into three Archbishoprickes: the one of London, the other of Yorke, the third of Glamorgan, none of Cant. Archb. Whitg. reply to Master Cartwr. pag. 323. It is like the most of England was under London, the rest and Scotland under Yorke, as Bishop Godwin writeth, and under Glamorgan Wales. Godw. Ca∣tal. of Bish. p. 181, 182.
• n 1.6

  See Godw. his Catal. of Bishops. pag. 503, 504.
• o 1.7

  Nationale Concilium Patriarcha re∣gni convocare debet, Provinciale Archie∣piscopus, &c. Praelud. in Caranz. sum. concil. cap. 3. p. 4. edit. 1633.
• p 1.8

  King James his premonit. to free Princes and States. pag 366.
• q 1.9

  By humane Institution wee suffered our selves to be ranged under the Church of Romes Patriarchall Authority, as be∣ing the most famous Church of the West, a matter of courtesie, no necessity, no spi∣rituall obligation. Bish. Hall against Brow∣nists. sect 23. pag. 590.
• r 1.10

  Cum Archi∣diaconi jam passim supra Presbyteros collocentur, id tandem nimiâ corum perti∣naciâ, & Praelatorum conniventiâ, eos evicisse meritò possumus affirmare. Spalat. de Repub. Eccles. lib. 7. c. 4. pag. 273. 58.