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, first, for our Governours, we are bound in duty to yeeld our consents to their lawfull Con∣stitutions, though with some alteration of Govern∣ment, 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 Assevera∣tion, which belongeth to an Oath; which is neither lightly to be taken, nor to bee slighted, when it is ta∣ken: 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 Innovati∣on: 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 there∣fore some of them have said, they would rather dye, then yeeld to an alteration of Episcopall Govern∣ment: but wee beleeve it would bee more easie for a Logician to convince them, that Episcopacy is not of

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 ay 1.1 Papall dis∣pensation,z 1.2 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 ap∣prehend any probable occasions of change before∣hand, wee must not makea 1.3 Median or Persian Pro∣testations, 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 change∣able.

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 im∣posed upon especiall occasions.

Fourthly, to leave us at more liberty, if there should be a change, our word is taken without an Oath; for whichb 1.4 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 diso∣bedience; 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 con∣ceive, 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 alrea∣dy sworne to their Authority and Power for such al∣terations, 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 sove∣raigne Authority, asc 1.5 Bishop Hall observeth in his Ir∣refragable 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 confor∣mable to the condition of the ancient Church: as if it should please his sacred Majesty, in the election of

Bishops, to have respect to the suffrage of the Cler∣gie of the vacant Diocesse, as thed 1.6 Emperour Charles the Great had, when hee published a Decree to that purpose, according to thee 1.7 ancient practice of the Church.

And if, when Bishops are elected, that either love, or some law of Au∣thority might restore Presbyters to their ancient Rights, and participation of the Government of the Church, which they had in the Primitive times: whereof St.f 1.8 Hierome saith, That the Church was governed by the common Councell of the Presbyters: whichg 1.9 Ba∣ronius acknowledgeth, andh 1.10 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 hisi 1.11 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 ab∣sence hek 1.12 professeth, That he did nothing, but what was concluded before by their common advice: andl 1.13 that it was his resolution from the first time of his being Bi∣shop,

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,m 1.14 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 Presby∣ters had decisive voices with them, asn 1.15 Doctor Field confesseth: observing withall, concerning the number of Bishops, and those that were not Bishops in such Ecclesiasticall Assemblies, that in ao 1.16 Councell of La∣teran, there were present 482. Bishops, and 800. Ab∣bots, 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 an∣cientp 1.17 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 hereto∣fore) that most of us appeare rather as Delinquents, standing at the Consistoriall Barre, or (at the best) as

Clients, or Tenents paying a tribute of suit and ser∣vice at the Courts of their Landlord. So that we may take up the complaint of Duarenus the famous Civilian,q 1.18 O fold Synods were called, that the Bishops and Presbyters should treat of the Discipline of the Cler∣gie, of Ecclesiasticall causes, and of di∣vine Doctrine: for there was no matter of any great weight, which the Bishops without that Senate would de∣termine: 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,r 1.19 That a Bishop should not determine any mans cause, but in presence of his Clergie:s 1.20 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 thet 1.21 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 (asu 1.22 subordinate to them as well as to the Bishops)x 1.23 That a Deacon might not sit

among those that were Presbyters, as was decreed in the first Councell of Nice: And so it was observed at Rome (asy 1.24 Hierome hath noted) untill vice increased; And then (saith he) in the absence of the Bi∣shop, 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,z 1.25 A Presbyter could not bee con∣demned 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 al∣teration in the Ecclesiasticall Government; wherein we might be assured to be dealt withall, if not as Bre∣thren (asa 1.26 some of the Episcopall order have profes∣sed, 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.

Notes

• y 1.1

  Clement the seventh, immedi∣atly 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.
• z 1.2

  Mast. Fuller in the Holy Warre. l. 2. c. 37. pag. 93.
• a 1.3

  Let it be written among the Lawes of the Persians and of the Medes, that it be not altered. Esth. c. 1. v. 19.
• b 1.4

  In his Pre∣face of the Ar∣ticles of Reli∣gion.
• c 1.5

  Bish. Halls Irrefrag. propos. prop. p. 3, 4.
• d 1.6

  Sacrorum Canonum non igna∣ri, at in Dei nomine sancta Eccle∣sia suo liberiùs potiretur honore. Baron. Annal. com. 9. nu. 21. col. 641.
• e 1.7

  Cypr. ••p. Anton. episl. 52. pag. 57. col. 2. Contil. Aurelian. 9. Can. 10. Con∣cil. Parisiens. 1. Can. 6. Hieron. testa∣tur Alexandrinos Presbyteros spa∣tio 140. annorum sibi ex suo nu∣mero unum cligisse, &c. Chamier. tom. 2. lib. 10. ca 3. p. 350. nu. 3. Leo e∣pist. 82. Spalat. de Republ. Eccleslib. 3. c. 3. pag. 339, 340, 400. Bernard. de consi∣derat. ad Eugen lib. 3. cap. 2. col. 878. Fox Martyrol. tom. 1. p. 5. col. 2. Con∣cil. Basil. sis. 3. fol. 448.
• f 1.8

  Communi Presbyterorum con∣silio Ecclesiae regebantur. Hicron. in Tit. 1.5. tom. 9. sol. 153.
• g 1.9

  Presbyteri & Seniores pariter ad concilium admissi erant tempo∣re primaevo. Baron. Annal. ad an. 58. nu. 10, 11. tom. 1. col. 572.
• h 1.10

  Bish. Downhams defence of his consecrat. Serm. l. 1. c. 7. p. 142, 143. & c. 8. pag. 178.
• i 1.11

  Ut quae circa Ecclesiae gu∣bernacula uti∣litas commu∣nis exposcit tractare simul, &c. Cypr. ep. 6. edit. Pamel. p. 12
• k 1.12

  Nihil à me absentibus vo∣bis novum fa∣ctum est, sed quod jampridem communi consilio, &c. Cypr. ep. 24. Presbyt. & Diac.
• l 1.13

  A primordio Episcopatus mei statui nihil sine consilio vestro—privata sententia gerere. Cyp. ep. 6. p. 13.
• m 1.14

  Bish. Down∣hams def. of his Serm. l. 1. cap. 7. p. 161.
• n 1.15

  Doct. Field of the Church. l. 1. c. 30. p. 514.
• o 1.16

  Ibid. cap. 49. pag. 647.
• p 1.17

  Concil. Age∣then. an.440. Can. 40. fo. 165. Caranz.
• q 1.18

  Olim hi conventus indiceban∣tur, ut Episcopus simul cum Pres∣byteris de disciplina cleri, de cau∣sis, &c. sed hujus honestissimi in∣stituti vix umbram hodie videmus. Fr. Duaren. de Min. ••. 1.c. 11. fol. 13.
• r 1.19

  Concil. Carth. 4. Can. 23. pag. 313. edit. Fr. Longi.
• s 1.20

  Ibid. Can. 34. pag. 316.
• t 1.21

  Qui Episco∣patum deside∣rat, benum opus desiderat: exponere vo∣luit quid sit E∣piscopus, quia nomen est ope∣ris, non honoris—intelligat se non esse Episcopum, qui praeesse desiderat, non pro∣desse. Aug. de civ. Dei, l. 19. c. 19. tom. 5. p. 1310.
• u 1.22

  Diaconus ita se Presbyteri, ut Epi∣scopi ministrum esse cognoscat. Concil. Carthag. 4. Can. 17.
• x 1.23

  Nec sedere quidem li∣cet medio Presbyterorum Diaconos. Concil. Nicen. 1. Can. 14. fol. 50. Ne Diaconus coram Presbytero sedeat. Concil. Aralat. Can. 15. Tit. Can. fol. 70. Concil. Constantinop. 6. Can. 7. Dia∣conus quolibet loco jubente Presbytero sedeat. Concil. Carth. 4. Can. 39.
• y 1.24

  In Ecclesia Romae Presbyreri, sedent, & stant Diaconi, licet pau∣latim increbescentibus vitiis, ab∣sente Episcopo sedere Diaconos vi∣derim. Hieron. cpi. ad Evagr. Hieron. tom. 2. pag. 334.
• z 1.25

  Causa criminalis Episcopi à duodecim Episcopis audiatur, causa Presbyteri à sex, causa verò Diaco∣ni à tribus, cum proprio Episcopo. Concil. Carth. 2. Can. 10. fol. 111. a.
• a 1.26

  Nos omnes Episcopi me∣minisse debe∣mus Presbyte∣ros omnes esse nostros fratres collegas in Ministerio, non famulos, non mancipia; eosque jure divino non minorem habere in pascendo populo Dei pote∣statem quam nos habemus, Spalat. de Repub. Eccles. l. 2. c. 9. pag. 284.