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, 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 consi∣sting in Constitutions concerning Ceremonies, and other things of alterable nature (asg 1.1 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 na∣tionall Church hath authority to ordaine,h 1.2 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 fore∣stalled with an Oath against change, cannot bee so

free to change (when just occasion requireth) as they should be.

It is an exception made by the Divines of Aber∣dene, against the Oath of the Covenant in Scotland,i 1.3 That it taketh away all hope of a free Assembly or Par∣liament, to judge of the matter presently debated: for how can those (say they) vote freely of any matter pro∣pounded 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,k 1.4 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 succee∣ding 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 pe∣nance, &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 atl 1.5 Challons, decreeing an intreaty to bee pre∣sented 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 excommuni∣cated, or reconciled.

And for Excommunication (in particular) which

is a chiefe point of Discipline or Government (of whichm 1.6 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 refor∣med, according to then 1.7 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,o 1.8 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 col∣lection 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 Ordi∣naries, are to follow in their Visitations, and none other. And in divers particulars the Autho∣rity of Chancellours isp 1.9 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 belong∣ing to the Creed,q 1.10 That the Government by Bishops is both universall and unalterable: and so wasr 1.11 intended by the Apostles in their ordinance of them; and therefore iss 1.12 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,t 1.13 That the Government by Bishops is not generally, per∣petually, 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)u 1.14 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

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 un∣dertake 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 Reforma∣tion of the Church; which any Church may need, that hath lesse assistance of the Spirit then the Pro∣phets of the Old Testament, and the Apostles of the New; and of all of them we must hold, as thex 1.15 Arch∣bishop hath very well said in his answer to the Jesuit, Such an assistance of Christ and the holy Spirit, the Pro∣phets under the Old Testament had, and the Apostles under the New; as neither the high Priest with his Cler∣gie in the Old, nor any company of Prelates or Priests in the New (since the Apostles) ever had.

Notes

• g 1.1

  The accidentall points of Go∣vernment (as the manner of ele∣cting Ministers, the kind of Disci∣pline, accidentall Ceremonies, and other such like Rites and Circum∣stances, may bee varied according to time, place, and persons. Archb. Whitgift in a Note of dangerous points of the Doctrine of T.C. pre∣sently after the Preface. nu. 19. The like hath Bish. Hall in his Apology against the Brownists. p. 595, 596.
• h 1.2

  The like we have noted before out of the Preface of our Service Booke.
• i 1.3

  The generall Demands of the Ministers and Professors of Aberdene. Deman. 10. p. 26
• k 1.4

  The Kings Declar. con∣cerning the Tumults in Scotl. p. 330.
• l 1.5

  The Coun∣cell of Chal∣lons held an. 813. Can. 25. Symps. of the Church. p. 560, 561.
• m 1.6

  1. 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.
• n 1.7

  See 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.
• o 1.8

  Can. 9.
• p 1.9

  See the Confer. at Hampt. Court, how their authority is altered by restraint. pag. 77, 78. particularly for Excommunication.
• q 1.10

  Bish. Hall of Episcopacy. part. 2 sect. 2. pag. 129.
• r 1.11

  Ibid. p. 132, 133.
• s 1.12

  Ibid. p. 135.
• t 1.13

  Bish. Downh. answ. to the Preface of the Refuter of his Serm. p. 9.
• u 1.14

  Archb. Laud in his Epist. De dic. before his Starre∣chamb. Speech.
• x 1.15

  The L. Archbish. that now is, in his Answ. to A.C. pag. 91.