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.

Concerning the Oath and penaltie thereof, imposed by the sixth Canon of the late Synod.

Doubts, and Hopes, with the Reasons of them both, for the most part delivered into the hands, and wholly intended to be presented to the prudent and religious consideration of the reverend Father, John L. Bi∣shop of Chester, in the names of the Divines, Physi∣cians, and Schoole-masters of his Diocesse.

THe imposition of an Oath (being regularly made to be a seale of faith to those that impose it) doth reaso∣nably presuppose as much satisfacti∣on and confidence in him, that doth take it (touching the manner and meaning thereof) as by such a sa∣cred attestation, may be set upon the mind of him that doth tender it. For, as the imposer expecteth thereby to bee assured of the intention and integrity of the taker of the oath; so hee that taketh it (that hee may

the better imprint that perswasion in him) should first be assured himselfe, that with a safe conscience it may be taken. An hypocriticall oath (wee confesse) may beget a beliefe, but it is not lawfully begotten by any that doth not sweare in sincerity.

The due consideration hereof hath taken up our most intentive thoughts, which in their issue have ar∣rived at this resolution of our reverend brethren the Professours of Aberdene:a 1.1 Wee ought (say they) to judge of those things we are to sweare to, with the strict and inquisitive judgement of verity, and to ponder duly, and to propound particularly and fully to others (especi∣ally to those who require our oath) to satisfie our consci∣ences there anent, and to answer all the Doubts and Reasons, which make us unwilling and affraid to give our assent thereto.

And for this purpose especially, wee are to make our addresse to your Lordship, by direction of our late* 1.2 learned Soveraigne, and of the Fathers of our Church, in these words,b 1.3 For as much as nothing can almost be so plainly set forth, but doubts may arise in the use and practice of the same, to appease all such di∣versity (if any such arise) and for Resolution of all doubts concerning the maner how to understand, doe, and execute this booke (scil. the book of Common Praier) the parties that so doubt, or diversly take any thing, shall resort to the Bishop of the Diocesse, who by his discretion shall take order for the quieting and appeasing the same—and if the Bishop himselfe bee in doubt, hee may send for resolution thereof to the Archbishop.

What is here expresly prescribed (touching the explanation and practice of that booke) we conceive

doth vertually belong to our present case, concerning the Oath by the sixth Canon lately imposed: and thereof wee make bold to present to your Lordship these doubts ensuing; which if you please not to an∣swer your selfe, wee humbly beseech you to transmit them to an higher Judge, with your favourable testi∣mony of us that move them, as of men (for a good part) well knowne to you to bee studious of the pub∣licke peace, and no way affected to faction or novelty, which you may charitably conceive of the rest, whom you know not; since all of us agree (not onely as brethren among our selves, but as sonnes to the re∣verend Fathers of the Church) to keep both the Kings and the Churches high-way, in a graduall pro∣motion of our scruples towards due satisfaction; which thus wee propound, beginning first with the generall doubts, and so proceeding to doubts in particular.

THE OATH. I A.B. doe sweare, that I doe approve, &c.

1. Generall Doubt. Whether this Oath (if it be tendred and taken) be not a taking the Name of God in vaine,* 1.4 against the third Commandement?

THE REASON.

BEcause, as wee suppose, there is no need of it (in respect of Ministers especially) for security either of Doctrine or Discipline against Innovation: for Do∣ctrine

(as against the Papists, the principall enemies unto it) the Lawes of the Land, and Constitutions of the Church (without this Oath) sufficiently provide, if they be answerably executed: and for such, if they be conscionable, they will not take it; if unconscionable, (though they take it) they will not keep it: for they will easily bee perswaded to slight this Oath, as they doe the oath ofd 1.5 Allegiance, whereof some of them shew how the cautions of it against equivocation, mentall re∣servation, and Papall dispensations may bee eluded, and say, that the Oath, as unjust (so soone as it is taken) is presently nullified ipso facto.

But for Ministers especially, it seemeth unto us to be altogether needlesse; since they, having according to thee 1.6 Canons of the year 1603. subscribed to the Kings Supremacy, the Articles of Religion, and the Booke of Common Praier, and of Ordination, with all their contents (wherein the order of Bishops, and degree of Archbishops is contained; and which is compasse enough for a well composed conscience) aref 1.7 sentenced (if they revolt from their subscription) first, to Suspension; secondly, to Excommunication; thirdly, to Deposition from the Ministry. Rigour e∣nough for verball commination, and (in respect of some degrees of offence recorded in the Canon) somewhat too much for reall execution; so that there is no need of more security by assent to the things re∣quired, then the subscription to the three Articles of the 36. Canon, and the severity of the 38. Canon against such as revolt from that ratification.

And, by that wee reade in the Archbishops late re∣ply to A.C. it seemes confession and subscription are enough (for that we professe in point of faith) to give satisfaction and assurance of our sincerity, even to a professed adversary; for, when A.C. had said,g 1.8 that it is not fufficient to beget a confidence, in this case to say we beleeve the Scriptures, and the Creeds, he returneth him this answer:

But if wee say it, you are bound in charity to beleeve us; for I know no other proofe of faith, but confession of it, and subscription to it: and for these particulars, wee have made the one, and done the other; so it is no bare saying, but you have all the proofe that can bee had, or that ever any Church required.

If his Lordship had remembred this, at the late Sy∣nod, it may be he would not have thought it meet to require us to sweare beyond our confession and sub∣scription formerly made; for why should hee, or the rest of the Synod, have lesse faith and charity to enter∣taine our testification, then we may justly expect from our Popish opposites, or require more of us then any Church ever did hitherto?

Long before these Canons were set forth, andh 1.9 soone after the reformation of Religion by Queene Elisabeth, there were (we confess) certain protestations to be made, promised, and subscribed by them that were afterwards to be admitted to any office, roome, or cure in any Church, or other place Ecclesiasticall.

But we conceive (besides other differences to bee touched under another title) that neither these prote∣stations are equivalent to such a solemne oath, as now

is required of us, nor that there is such need of it now, as there was of them at that time.

Object. If it be said, that in these times there is such division and distraction among us, that there is need to fasten us together by such a sacred bond as that of the Canon:

Answ. Wee thinke it reasonable to reply, That neither the want of such an oath was the cause of the distemper of the times, nor that the urging of it will be a convenient cure thereof; but rather the contrary: since there is more agreement betwixt peace and love, which may best be preserved where offensive things are not urged; then betwixt love and compulsion, especially, if (as of this oath it is conceived) it in∣croach upon the conscience, without any great need (as from them that require it) or without sufficient ground to satisfie such as should receive it.

And wee see by the operation of it already, daily producing more and more dislike of it, that it is not like to be a remedy against any malady already disco∣vered; but rather a meanes to exasperate the disease (though this bee besides the intention of them that propound it) whereof there was the lesse need: be∣cause, as our learned and religious brethren the Di∣vines of Aberdene have observed,i 1.10 There bee other meanes more effectuall for holding out of Popery (and so of any other unlawfull Innovation) in which we ought to confide more then in all the vowes & promises of men: yea also, more then in all the united forces of all the sub∣jects of this Land: to wit, diligent preaching and teach∣ing of the word, frequent prayer to God, humbling of our

selves before him, and amendment of our lives and con∣versations, and arming our selves against our adversa∣ries, by diligent searching of the Scriptures, whereby we may increase in the knowledge of the truth, and in abi∣lity to defend it against the enemies of it.

These have been the chiefe meanes to advance both the Doctrine of truth, and the Discipline of man∣ners; and they will be the best meanes to hold them up still: with them there will be no need, without them none aide by oaths of this kind.

There be some that say, This Oath was framed for tryall how men stand affected to the present govern∣ment, and whether they be inclined to such a change in the Ecclesiasticall state for Doctrine or Discipline, as tendeth to disturbance of the civill government also, especially to derogation from his Majesties Au∣thority: this is partly implyed in the Preface of the Oath, which beginneth thus; This present Synod, being desirous to declare their sincerity and constancy in the profession of the Doctrine and Discipline established in the Church of England, and to secure all men against suspicion of revolt to Popery, or any other superstition, decrees, &c.—and in this respect they conceive the Oath is of necessary use. To such as thus plead for it, we thinke it meet to make this answer,

1. Concerning the venerable Synod, that though some persons in it, being suspected of unsound Do∣ctrine, of a Popish straine, might doe very well to give all due and probable satisfaction, to acquit themselves of that imputation (wherein we are perswaded of some that they have been untruly traduced) yet wee con∣ceive this Oath not so pertinent to that purpose, as is

alledged; because the third Canon, which insisteth much in the discovery and pursuit of Papists, and none else, importeth more opposition to Popery then this sixth Canon doth, which requireth the Oath; since (as wee shall manifest in another place) it com∣meth with a deeper charge against those who are the greatest Adversaries of Popery, then against Papists themselves.

Secondly, for the other part of the Oath concern∣ing Discipline, or the government by Archbi∣shops, &c. we apprehend no need of an Oath, to de∣clare the sincerity and constancy of the Synod in that respect; for who maketh doubt, but Archbishops, Bishops, Deanes, and Archdeacons (who carry most sway in all our Synods) are willing enough to main∣taine their dignity and authority, and unwilling to sub∣ject either of them to Papall usurpations. He is a man of little faith who will not take their bare word for that, without an Oath, or will require so much; for no reasonable man can thinke otherwise of them, though they say nothing.

For we cannot imagine, if it were but for the Arch∣bishops owne sake, that he (sitting as President of the Synod) would ever submit to any usurpations of the See of Rome; since hee knoweth, and would have others know from him (for hee hath published it in print) that the Pope hath acknowledgedk 1.11 Anselme, a worthy Predecessour of his in the See of Cant. for his owne compeere, the Apostle and Patriarch of the other world.

And hee sheweth himselfe willing enough to take his Holinesse at his word, and to keep him out from all command over the Britaine Church, alledgingl 1.12 that it was never subject to the See of Rome, having a Primate of its owne; and that Primate for the present is himselfe.

Thirdly, for others, this Oath can be no good Cri∣terion, to try mens sincerity to either Doctrine or Di∣scipline; for many things by divers may bee beleeved, liked, and preferred, before any other of that kind (so that they would bee loth to change them) and yet may they be unwilling to take an Oath for constancy to them.

For instance, wee beleeve kneeling at prayer to bee lawfull, laudable, and the best gesture wherein to present our devotions to God; yet wee would not be put to sweare never to consent to a constitution for standing at prayer, since for it there is, first,m 1.13 Scrip∣ture; secondly, a Decree in the firstn 1.14 Nicen Councel; thirdly, a continued practice of it in the Church foro 1.15 many hundred of yeares together.

Fourthly, many of those who, in regard of the mani∣fold doubts involved in the Oath, are affraid to take it, have given better evidence of their sincerity concer∣ning the state, both ecclesiasticall & civill, then can be expected of most that take the oath (without any doubt or examination at all) & if yet there be doubt of them, they may be put to the tryall of the first Canon con∣cerning the Kings Authority, and the eight made for preaching for conformity, both decreed by this last Synod, which may bee sufficient for full satisfaction without an Oath; and yet they that dare not bee per∣emptory

in every particular (in those Canons deter∣mined) may for all that bee as farre from all disposi∣tion to trouble either Church or State with any Inno∣vation, as they who would set the seale of an Oath to every line of them.

Fifthly, though we doubt not, but divers who have taken the Oath bee very learned, grave, and godly persons, and have done it (as they conceive) with due consideration, and good conscience; yet it cannot bee denied, but many may be too forward to sweare, with∣out any care or use of either: either out of hope to bee held very heartily affected to those who have meanes to promote them (the hope whereof, as Aeneas Sil∣vius observed, made more to adhere to the Pope, who gave preferments, then to the Councell, who had none to give) or out of feare of their dis-favour, who have power to lay heavie pressures upon them.

And in respect of such the Oath is of no use or force, since the same affections (not regulated by Rea∣son and Religion) will incline (with the alteration of times) to quite contrary effects.

Lastly, so many of all sorts, both of the Clergie and Laitie; yea, many of those who hold Episcopall imparity the best government of the Church, and are no way addicted to the Presbyterian Discipline, dislike this Oath so much, that howsoever this Canon may discover some difference betwixt those, whose lot the wise man sheweth may be alike (viz. betwixt him that sweareth, and him that feareth an oath, Eccles. 9.2.) yet not that difference which may bee cause either of assurance of them that take it, to the doctrine or government of the Church,

or of just jealousie or suspicion of them that re∣fuse it.

2. Generall Doubt.

Whether this Oath may be taken in faith,* 1.16 without which the taking is sinne. Rom. 14.23.

THE REASON.

BEcause it comprehendeth so many things of se∣verall kinds (and divers of them unknowne unto most of us) that though wee be ready to beleeve, and receive some of them fingle, our faith cannot fadome them altogether; and so wee cannot sweare without doubting: and if doubtfull swearing bee as dangerous as doubtfull eating (as wee conceive it is, and so may feare wee may be damned for it by the doome of the Apostle in the fore-cited place) wee can neither with confidence nor safety take this Oath, untill we be bet∣ter resolved of the true meaning thereof; and so (as it seemeth to us) a superfluous Oath, it may prove to the takers a perillous Oath.

3. Generall Doubt.

Whether the sixth Canon,* 1.17 as it is charged with this Oath and penalty, bee not like to crosse the chiefe end whereat his Majesty aimed in granting his Commis∣sion for a Convocation or Synod.

THE REASON.

BEcause in his Royall Declaration (which hee was pleased to prefixe before the late Canons) hee

faith hee giveth leave for Ecclesiasticks to assemble, and being assembled,p 1.18 to conferre, treat, debate, con∣sider, consult, and agree of, and upon Canons, Or∣ders, Ordinances, and Constitutions, as they should thinke necessary and convenient to this end, viz. for the honour and service of Almighty God, and for the good and quiet of the Church, theq 1.19 end and purpose by his Majesty limited and prescribed to the Convocation or Synod; and how this Oath sorteth to this end, we ap∣peale to the publick report of most Counties in the Kingdome, wherein (besides the Ministery) the peo∣ple neither of the worst sort for condition, nor for conversation; nor the fewest for number, expresse much discontent and trouble of mind at the proposall of it.

Hereby wee impute no disobedience to the reve∣rend Prelates and Clergie assembled; for wee con∣ceive they had no thought of opposition therein, to the pious purpose of his sacred Majestie; nor any im∣prudence, since, as they beleeved themselves of the Oath, they might probably hope of acceptance with others, and (if generally accepted) that such effects might follow as they projected.

But if they doe not, their discretion will direct them to vary their course as times and occasions require. For, if the Church in this world bee like unto a ship upon the sea (in which respect it is likened tor 1.20 Noahs Arke) their Acts, and aimes of Government of it, may be sometimes disappointed by the indisposition of the people to comply with them; as the purpose of the Pilot by the distemper of the weather, who, when he reasonably thinkes it meet to hoise up saile, may bee

soon after induced to strike saile, for the avoidance of inconvenience or danger: of this prudent accommoda∣tion of the Acts of Authority to the times, and their uncertaine inclinations and events, we find manifold examples, both in the Civill and Ecclesiasticall estate. Thus much of the Doubts in generall.

Our Doubts in particular.

The Doubts hitherto proposed touch not upon any branch of the Oath in severall,* 1.21 or of the appur∣tenances to it, but reach to the whole, as taken toge∣ther; those that follow arise out of particular conside∣ration, first, of the parts of the Oath; secondly, of the explication of it; thirdly, of the persons that are to take it; fourthly, of the penalty attending upon it.

1. Of the first part of the Oath.

I A.B. doe sweare,* 1.22 that I doe approve of the Doctrine, Discipline, or Government of the Church of England, as containing all things necessary to salvation.

WE are not desirous, without just ground mini∣stred unto us, to multiply Doubts upon the Text of the Oath; and therefore wee take it for the present, that by Doctrine is meant that to which the Clergy are required to subscribe by the 36. Canon, especially the 39. Articles of Religion. But for Di∣scipline or Government, our Doubt may be

THE DOUBT.

What is meant by Discipline or Government,* 1.23 whether the same things, or no; and, if the same, what they be?

THE REASON.

BEcause in divers Authours wee find them many times distinguished; but there they seeme to bee the same. The words 1.24 Policy is taken with them into society of the same signification by his Majestie, in his late large Declaration.

And all three signifie (with reference to the Church) Ecclesiasticall callings, ordinances, and the exercise and application of them, to such as are subject to them both: wherefore they that are best acquain∣ted with them all, stile their bookes of them indiffe∣rently, oft 1.25 Ecclesiasticall Discipline,u 1.26 Church Go∣vernment, andx 1.27 Ecclesiasticall Policie: and in a large sense the terme Discipline containeth themy 1.28 all. And so it is taken byz 1.29 Archbishop Whitgift, where he re∣duceth all that concerneth Religion to Doctrine and Discipline; and so it seemeth they doe who com∣posed the Oath, as appeareth by their entrance in∣to it.

And though sometimes that word be strictly taken for the censure of manners, or correction of offen∣ders (as in the Preface of the Communion Booke usually read upon Ashwednesdaies) yet in a large sense (and that very familiar) it is put for the whole

policy or government of the Church: whethera 1.30 Presbyte∣riall, as in Geneva; or Epi∣scopall, as with us; a princi∣pall part whereof is Hierar∣chicall Imparity: in that sense it was said by Masterb 1.31 Moun∣tague, That the Synod at Dort in some points condemneth the Discipline of the Church of England, meaning especially the Government by Bishops; and so also did thec 1.32 Bishop of Landaffe take it, when in answer to him, and confutation of him, hee repea∣ted the defence made by himselfe, for the Hierarchy of the English Church, in that Synod, noting in few words, concerning the Discipline, That the Church never had a parity of Ministers, no not in Christs time, where∣in there were the twelve Apostles, superiours to the 72. Disciples, which he sheweth was not contradicted by that Synod. In the same sense it is used byd 1.33 others, who are not of the same mind in the point of Episcopacie.

The observation of this im∣parity, in giving precedence to Superiours, is called Disci∣pline, in thee 1.34 thirteenth Canon of the Milevitan Councell: the Ceremonies also in rule and practice, are reduced to Discipline in the prefatory Declaration before the Communion Booke, under this title [Of Ceremonies,

why some abolished, some retained] where it is said, that some of them doe serve to decent order, and godly discipline: and againe, without some ceremoni••s it is not possible to keep any order, or quiet discipline in the Church; which implyeth both the constitution and ob∣servation of them: and to this acception of the words Discipline and Government in this Oath we rather in∣cline; but cannot of our selves so certainly resolve it, as that we dare sweare it.

DOUBT 2.

What is meant by the Church of England?* 1.35

THE REASON.

BEcause of the ambiguity of the terme Church, which is variouslyf 1.36 distinguished; but especially, because the new Canons bring in a new acception of that word (new in respect of the language of Prote∣stant Divines) for in the fourteenth Canon, where caution is given concerning commutation of penance, by the Bishop, or his Chancellour, there is this pro∣viso, That if the crime be publickly complained of, and doe appeare notorious, that then the office shall signifie to the place from whence the complaint came, that the Delinquent hath satisfied the Church for his offence.

The satisfaction is by the payment of a pecuniary mulct, that is made to the Bishop, or his Chancellour; either of them then, or both together seemeth to bee called the Church in that Canon: and that contracti∣on of a word of such a large comprehension (as the right acception of it requireth) might breed some su∣spicion

of symbolizing with the Popish Dialect (though the sense bee not Popish) wherein by an in∣tensive Synecdoche, that which is most extensive, and diffused all over the world, is shrunke up into the per∣son of one man, the Pope. But because the matter of commutation in that Canon, is of a narrower com∣passe then either Doctrine or Discipline in this, wee may take the word Church in a larger acception; and that may be either for the Clergy in generall, when it is used by way of distinction from the Laity, or as the 139. Canon decreeth it [The Church representa∣tive in a Synod whichg 1.37 Papists restraine to Episcopall Prelates] Or as the 19. Article taketh it, A visible congregation of faithfull men, in which the pure Word of God is preached, and the Sacraments duly admini∣stred: Or as in the 35. Article, it may stand for the place where the people are assembled, and holy offi∣ces performed; but which of these, or whether any other sense of the word [Church] bee meant in this place, we leave it to those, who have authority to in∣terpret the Oath, to resolve.

DOUBT 3.

Why the Discipline is linked with the Doctrine of the Church of England for necessity of salvation.* 1.38

THE REASON.

BEcause it seemeth to us, to coast somewhat to∣wards the conceipt of Franciscus à Sancta Clara, Provinciall of the minorite Friars, who holdeth,h 1.39 That where Bi∣shops doe not rule, there are no Pres∣byters: where no Presbyters, no Sa∣craments. Hee excepteth (accor∣ding to the tenet of his Church) Matrimony and Baptisme; the former as a Sacrament, the later as a Sacrament, and (more then that in the Popish opinion) as necessary to salvation; and hee so farre enforceth this necessity, as to say,i 1.40 That to deny the necessity of Episcopacy, is nothing else, but to bring in the irritation of the passi∣on of our Lord, and to evacuate the vertue of his re∣demption; which is in effect (as Doctor du Moulin wrote to Bishop Andrewes)k 1.41 to damne the Reformed Churches of France and other Countries, to the pit of Hell: which being brought in (as a consequence of the Bishops Tenet of the Authority of Bishops) that reverend Prelate very wisely and religiously shunneth, saying,l 1.42 Hee wants his sight, that seeth not

Churches standing without that Discipline: and hath an iron heart, that consenteth not that they may bee saved: and therefore our late learned Soveraign King James, (lest he should be mistaken in some of his speeches, of some of those, who had no good conceipt of the Di∣scipline of the English Church) when his monitory Preface (wherein hee toucheth most upon such mat∣ters) was published in Latine, that hee might not bee thought to condemne the Churches, whose Discipline is different from ours: he expresly professed,m 1.43 That by that hee had said, therein hee intended neither reproach nor reproofe to the Refor∣med Churches, or to their forme of Government—but left them free to their Christian liberty: And when the Bishop of Landaffe asserted the Ecclesiasticall Imparity of the Church of England (at the Synod of Dort) hee did not seeke to obtrude it as necessary to salvation; but used this caution in the conclusion of his speech,n 1.44 This I say (said hee) not to give offence to these Churches (scil. those whose Clergy assembled at that Synod) but for the defence of our Church, the Church of England. And the Church of England surely at that time was farre from the conceipt of the Franciscan Friar fore-men∣tioned, when hee and other learned Divines were sent to that Synod (the most generall Synod of the Refor∣med side, that hath been held since the reformation of Religion) to assist with their consultations, and to confirme with their suffrages and subscriptions, the

Decrees of that Synod, wherein (among many Pres∣byters) there was but one Bishop, and hee not Presi∣dent of that Assembly. And when hee who hath pleaded for Episcopacy, not onely as a pinnacle of honour, but as a pillar of support to the Church, wrote thus against the Brownists, Io 1.45 reverence from my soule (so doth our Church, their deare Sister) those worthy forraine Churches, which have chosen and followed those formes of outward government, that are every way fittest for their owne condition. It is enough for you to censure them, I touch nothing common to them with you; which wee alledge not against the government of Bishops, In a meet and mo∣derate imparity (as the samep 1.46 Authour stateth their preheminence) but onely against the necessity of their superiority to salvation, which is the point wee have now in hand.

Whereto agreeth that of Epiphanius, who con∣ceived more necessity of a Deacon to a Bishop, then of a Bishop to a Church, saying,q 1.47 That where there was not a man of sufficient worth to bee a Bishop, the place might be without one; but it is impossible (said hee) that a Bishop should bee with∣out a Deacon. And the fifth Canon of the second Councell of Carthage decreeth,r 1.48 That those places which never had Bishops, shall have none at all; and those that had them, should have them still: which they would not have done, if they had conceived Episcopacy to be of necessity to salvati∣on, or of necessity to the being of a Church.

Quest. But is there any cause to conceive, that any of the late Synod imagined a necessity of Bishops, either to save a Chrisian, or to constitute a Church?

Answ. Wee take not upon us, confidently to im∣pute that opinion to any, nor can wee acquit the chie∣fest of them from such a conceipt: for thes 1.49 Archbish. in his reply to A.C. having brought in a sentence out of Saint Hierome, which is this [t 1.50 where there is no Priest, there is no Church] he taketh the word Sacerdos, for one who hath the power of ordaining: which in Hieromes owne judgement, is no meere Priest, but a Bi∣shop only; and thence concludeth so, even with him [no Bishop, no Church] which he so approveth, as if some, who professe more good will to Bishops, then Hie∣romeu 1.51 elsewhere doth, should say somewhat more, or the same that he did with more confidence; which to us seemeth little lesse, and not much better, then that we have noted of the Minorite Friar. For the saying of Hierome, That it is not a Church that hath not Sacerdo∣tem, we that are Presbyters may as well conceive, that he meaneth a Presbyter, as he (a Bishop) that he mean∣eth a Bishop; and Hierome a Presbyter, as wee are, if he were alive, would (as wee verily beleeve) give sen∣tence on our side: For,

First, it cannot bee denied, that though there bee more dignity in a Bishop, the is more necessity of a Presbyter; that is, of one to officiate in preaching the Word, and administration of the Sacraments (where∣of there is continuall use) then of a Bishop to ordaine (if none could doe it but a Bishop) which is required but sometimes: and though a Bishop performe the

same acts, yet hee doth them not as a Bishop, but as a Presbyter.

Secondly, if Hierome meant that there is no Church without an ordaining Bishop, and that is his opinion (as his Lordship expounds him) it is his er∣rour, an uncharitable errour; which casteth not parti∣cular Christians onely, but many Orthodox Chur∣ches out of the communion of Saints, and conse∣quently out of the state of salvation; whereas, if some Bishops had been as remote non-residents from their Bishoprickes, as the Pope from Rome, when he resi∣ded at Avinion in France: or had medled no more with the Churches under their charges, then the Ita∣lian Priests did when they had Benefices in England, and knew onely the names of them, and received tythes from them; but did nothing for them, or in them: yet there might for all that bee true Churches, and salvation in them well enough. For, of what use is such a Bishop, or such a Priest either to the being of a Church, or the well being or salvation of a Chri∣stian?

Thirdly, if his words were true in that sense (wherein his Lordship taketh them) it would be necessary there should be as many Bishops as Churches; and so, that Bishops should be rather Parochiall, then Diocesan.

Fourthly, if the place in Hierome be unpartially peru∣sed, it will not make much for the necessity of Bishops: for Hierome (in his Dialogue against the Luciferians (whence the quotation is taken) speaketh of onex 1.52 Hi∣larius

(a schismaticall Deacon) who dyed in the schism, and his sect with him: because being but a Deacon, hee could not ordaine a Clerke to succeed him; upon this, saith Hierome,y 1.53 It is not a Church, which hath not a Priest.

The word is [Sacerdotem] which seemeth to bee of the same sense with the word Clericum (a little be∣fore) and that is there meant of him who is next a∣bove a Deacon; and he is a Presbyter (not a Bishop) whose office in administration of the Sacraments is there particularly noted, which belongeth to a Pres∣byter, ut sic, as he is a Presbyter, not to a Bishop as he is a Bishop.

Object. But hee speaketh of ordaining, and that in Hieromes judgement was proper to a Bishop.

Answ. 1. Hierome knew well enough, that of old (though it were otherwise in his time) Bishops alone did not ordaine Church Ministers, but the Presbytery with them, 1 Timoth. 4.14. if not without them; for many hold, that at that time there were no Prelaticall Bishops above their brethren; & even to this day there is a shadow of that sociable power (in ordination of Ministers of the Church of England) retained in pra∣ctice, by the imposition of the hands of Presbyters with the Bishop; and required by constitution in the 35. Canon of the yeare 1603. And some learned Papists are of opinion (though it come too neere the truth, to be common among them) that Bishops may delegate their power, both ofz 1.54 Confirmation and of* 1.55 Ordination, to Presbyters or Priests.

Secondly, though (where there were Bishops anci∣ently and usually) ordination was not conferred with∣out them; yet where there were none, without them it might be lawfully and effectually done (as we shall note in another place) and therefore no such necessity either of them, or of ordination by them, as is preten∣ded. And though the over-high exaltation of Pre∣lates hath depressed Presbyters so farre below the right and power of their order, that it is made (in some mens conceipts) a strange thing, and a kind of pre∣sumption in any case to take upon them the ordination of Ministers; yet Hierome surely was not of their mind, when hee gave them the honour (which some Episcopall parasites appropriate to Bishops) to bee accounted the successours of the holy Apostles; as he doth in the first of all his Epistles, which is written to Heliodorus.

Thirdly, from Hieromes words in this place wee may rather collect, that a Presbyter as well as a Bi∣shop may ordaine, since hee denieth that faculty but to a Deacon; then that by the word Priest, a Bishop must bee meant, and ordination peculiarly derived from him.

Fourthly, howsoever where hee saith, that it is not a Church that hath not a Priest, hee is in reason to be understood not of one that hath power to make a Priest, but of a Priest already made: for, such a one a particular Church cannot want; but of a Bishop unto it there is no such need.

Fifthly, if Hierome in this place, being zealous a∣gainst schisme, spoke somewhat too freely in favour of Bishops, which yet is doubtfull (though more pro∣bable

that he spoke on the Presbyters side, then of the Bishops.) It is certaine, that in other places (which wee shall observe afterward) hee expresseth himselfe farre from such fondnesse of affection to Bishops, as his Lordship deduceth out of his words. So much for the Testimonies of Hierome, wherein wee crave his Lordships patience and pardon for our boldnesse, since his explication and application thereof for the necessity of Bishops, to the being of a Church; and so (by consequence) to salvation, hath put a necessi∣tie upon us, seriously to examine what hee said and meant.

Object. There be some who, to assert a necessity of Discipline, say, that Discipline comprehendeth a preaching Ministry, and that's necessary to salvation.

Answ. 1. There is neerer affinity betwixt Preach∣ing and Doctrine, then betwixt Preaching and Disci∣pline, which is exercised more in matter ofa 1.56 conver∣sation and practice, then of preaching: and therefore a preaching Ministry is comprehended rather under the head of Doctrine, then of Discipline.

Secondly, the necessity of Discipline here meant, is not in respect of a preaching Ministry, but of a ruling Episcopacy; as is evident by that we now observed of the Speech of the now Archbishop of Canterbury, the most authenticke Interpreter, because the most Architechtonicall (if not the onely) composer of the late Canons.

But for the Adjuncts and Appendences to the cal∣ling of Bishops, which Bishop Hall callethb 1.57 not neces∣sary,

for many particular Canons and Ceremonies, in constitution or practice (which yet come under the name of Discipline or Government, as hath been shewed) they stand at a farre greater distance from necessity to salvation: and therefore they are denied by thec 1.58 Doctrine andd 1.59 Liturgie of our Church, to be necessary to bee in all places, and at all times, one and utterly alike: and if Generall Councells shall decree things to be necessary to salvation, which cannot be so declared by Scriptures, thee 1.60 same Doctrine teacheth, that they are not to bee received: for that would con∣clude damnation on such Churches as are without them.

There be degrees of necessity we grant, as where it is said in the Catechisme of the Communion booke, That there bee two Sacraments as generally necessary to salvation; Baptisme, and the Lords Supper [onely two] Sacraments in a proper sense, though in a large accep∣tion there may bee (as the Papists say) five more; as one saith,f 1.61 seventeen; as another,g 1.62 twenty seven [ge∣nerally necessary] that is, necessary for the state of the Church in generall; without which it cannot be a true saving Church; not necessary for every member of it in particular, or necessary for particular persons, if God give convenient opportunity for them: not that God cannot, or will not save without them, where his ordinance is by himselfe denied, not by men despised or slighted. Thus we avoid theh 1.63 acception against our

Catechisme, made by some mistaken (though well∣minded) brethren; and so also shunne the Popish ne∣cessity of that Sacrament which is injurious to the salvation of little children, departing this life before they have received the Sacrament of Baptisme. But thus wee cannot salve the necessity of Discipline: for, though Discipline bee necessary for the Church, yet the particular Discipline of our Church is not necessa∣rie to salvation; so that they cannot be true Churches, and salvation in them, which have it not.i 1.64 For where there is a defect of Bishops, or Bishops make a defe∣ction from the faith, there an ordi∣nation by Presbyters is confessed to bee valid, by those who are no friends unto the Presbytery: an Ordination not onely of Presbyters, but of Bishops, ask 1.65 Doctor Field hath determined: For (saith he) in cases of neces∣sity, as in revolt from the faith, or where Bishops will not ordaine, but such as consent to their Heresies; when there is no hope of better, Presbyters may choose out one among themselves to be chiefe, and so adde others to their num∣bers, by the imposition of his and their hands; which gi∣veth us occasion rather to admire, then to beleeve, That Priests made at Rome or Rhemes, revolting from their Popish Religion, should bee admitted to Benefices in our Church, without a new ordination: and that they who were made Ministers in Transmarine Churches, should not be admitted, unlesse first they were by Bishops ordai∣ned Deacons and Presbyters, asl 1.66 Didoclavius reporteth

out of Johnson the Brownist. And some of us re∣member, that some of those who preferred Episcopacy above the Presbytery, as gold above silver, did yet al∣low it to be maintained in the Di∣vinity Schoole,m 1.67 That the ordina∣tion of Ministers in Outlandish Churches is lawfull, though without Bishops. There was then no neces∣sity, that they should be ordained againe, to make them capable of Benefices (unlesse some positive Constitution of our Church required it) much lesse was it necessary to salvation, either their owne or others, that Bishops should conferre any new orders upon them. Doctorn 1.68 Willet mentioneth another necessity of the distinction of Bishops and Priests, and so of Episcopall Government, or Eccle∣siasticall Discipline; and that is for the avoiding of Schismes: for else (aso 1.69 Hierome saith) there would bee as many Schismes as Priests; but this necessity will not serve to make the Crosier-staffe of Discipline e∣quall to the Marble Pillar of Doctrine, for support of salvation.

There is yet another necessity conceived of a con∣trary Discipline:p 1.70 For (in Scotland) a parity of Mini∣sters is preferred (as Gods ordinance) to Episcopacy, an humane consuetude: and this ordinance of Discipline (without Bishops) was conceived by the Divines ofq 1.71 Geneva as everlastingly required by the Law of the Lord of lords, against whose Statutes there is no ex∣ception to be taken: and of this wee may suppose Ma∣ster Cartwright spoke, when hee said,r 1.72 The things that he and his party stood for were such, as that if every haire

of their head were a life, they should lay all downe for the defence thereof: And there are some so rigid to such Churches as want it, as to hold, they want a prin∣cipall meanes of their salvation.

In opposition to these, it may bee the meaning of the Oath is, That as for Doctrine, so for Discipline, our Church wanteth nothing that is needfull to salva∣tion; but because (by such an expression) the Compo∣sers of the Canon may seeme to assume that necessity of Episcopall preheminence (such as it is in England and Ireland) which they condemne in the Discipline of Geneva, and other Reformed Churches, we feare a snare in these words of the Oath.

Object. But did not an Apostolicall Councell de∣cree forbearance of things of different natures; as of meat offered to Idols, of things strangled, of bloud, and of fornication, calling the abstinence from them all necessary thing? Act. 15.28, 29. yet was there more necessity of forbearance of the last, then of all the rest: for, to abstaine from them, was not necessary, but in respect of the state of that time, that the Gen∣tiles and the Jewes might live more peaceably toge∣ther, with lesse occasion of quarrell: but to forbeare fornication, was and will be alwaies necessary to salva∣tion.

Answ. All this is true, yet many waies different from our case: For,

First, we are bound to embrace the Decrees of an Apostolicall Councell, without all doubt or suspicion of errour; but wee are not so to entertaine any Con∣stitutions of men, since their time, whether single, or

assembled in Synods Diocesan, Provinciall, Natio∣nall, or Oecumenicall; since, as our Church resolveth in the 21. Article, they may erre, and have erred in things pertaining to God: which the Apostles never did, nor could doe in any thing they taught, or de∣creed, to be received by the Church.

Secondly, the Apostles leave the word [necessary] at large, to bee distributed by distinction and due ap∣plication (according to the different nature of the things contained in their Apostolicall Decree.) Of which, though they say they are necessary, yet do they not say, they are necessary to salvation, as this Oath hath it, both concerning Doctrine and Discipline.

Thirdly, the Apostles by their Decree required no Oath of such as were subject unto them, as the sixth Canon doth.

Fourthly, they laid no new burthen on the consci∣ences of Christians, but rather tooke off a great part of the old, Ver. 28. but this Oath is a new burthen, and (if it should be urged) the heaviest (in respect of imposition and penalty to some) that ever was laid on the English Church, since it left off to bee Romish: which the Imposers (though prudent) might the lesse apprehend, and take to heart, then their inferiours (in place and policy) because it was not like to bee their owne case, to be troubled at the taking, or to bee cen∣sured, even to undoing, for the refusall of the Oath; since they liked it so well themselves, as to propound it to others.

If to mollifie the rigour of this combination of Doctrine and Discipline for necessity to salvation,

there bee found out other distinctions, then such as have been touched, either concerning Discipline, or salvificall necessity, they may haply serve to salve an objection in Scholasticall dispute, rather then to satis∣fie the conscience against all doubt, so as is necessary to the due and safe taking of an Oath; though Disci∣pline in particular (as hath been shewed) be not neces∣sary to salvation: and if it be not, it seemeth to be set in the Oath as an Associat with the Doctrine (as to that effect) like Bibulus with Caesar in the Consulship, when* 1.73 Bibulus, as a single Cypher (standing for no∣thing) did nothing as a Consul, but Caesar did all; so that the saying was, Julius and Caesar were Consuls, not Caesar and Bibulus. And if so, it is too neere a non∣ens, and so a kind of trifling, unmeet (as we thinke) for so serious and sacred a matter as an Oath.

THE OATH.

And that I will not endeavour by my selfe, or any other, directly, or indirectly, to bring in any Popish Doctrine, contrary to that which is so established.

DOUBT 4.

What is meant by Popish Doctrine?* 1.74

THE REASON.

BEcause it is not yet determined in any satisfactory way (at least not so determined, that wee may sweare to it) what opinions are to bee esteemed Po∣pish, either for Doctrine or Discipline. Luther (as some report of him) was wont to say,s 1.75 That him∣selfe, and almost every man else, had a Pope in his belly, yet few have it in their heads, to tell what Pope∣rie is.

Many hold, that divers of the Arminians Tenets are nothing else but Popery, blanched over with a speci∣oust 1.76 subtlety; and for holding them, have some been publickly censured as Popish: &u 1.77 there are, that make the Arminians brothers to the Socinians, in divers dangerous and damnable positions. On the contrary,

it is affirmed by farre higher Authority,x 1.78 That their Tenets could not be accounted Popish, concerning which (or the chiefe of which) as learned Papists as any in the world (viz. The Dominicans and Jesuites) did as much differ, as the Protestants did; and that those, who adhere to the Augustan confession, did hold that side of these Tenets, which the Arminians doe hold: and therefore farre from being Papists, being the first Protestants: and therefore it was against all sense, to condemne that for Popery, which was held by many Protestant Churches, and rejected by many learned Papists. And whereas the Socinians are severely, and that deservedly con∣demned by a particulary 1.79 Canon, there is nothing at all decreed against the Arminians, either in that or any other Canon of that late Synod: whereof they that make conjecture of the causes, bring in such as these:

It may bee the Synod thought that it was a better way, for preservation of the Churches peace, to make no Decree concerning Arminian opinions; or that they were slandered, and made worse then they are, though the Socinian be not: or that enough was done against the Arminians at the Synod at Dort; and (if any thing at all) a great deale too little against the So∣cinians: or that it was not for the honour of a Synod of Bishops, &c. to come after a Synod of meere Pres∣byters (one Bishop onely excepted) and by their own Canons, as it were, to subscribe to Presbyteriall de∣terminations.

And this last Reason haply prevaileth most with some Episcopall Divines, who (conceiving the sum∣moning, presiding, and voting in Synods by Presby∣ters, to be a presumptuous usurpation of the peculiar

priviledges) have in deep indignation and disdaine called that Synod not the Synod of Dort, but the Sy∣nod of Dirt, as some of us have heard: which in part may give answer to the doubt, how it cometh to passe that, King James having been so zealous in the procuring and promoting the happy proceeding of that Synod, for the suppression of Arminianisme, it hath for all that prevailed and advanced higher in England, then it did before that Synod had condem∣ned it: which may be, because dis-affection disposeth many to contradictory Tenets, as we see inz 1.80 Maldonate the Jesuite, who taketh up a new Interpreta∣tion of his owne (against another, which hee confesseth to consist with most probability, and Saint Augustines Authority) because it is more contrary to the sense of the Calvinists. But this by the way.

Proceeding directly forwards, we may further ob∣serve, that the Compilers of the pious* 1.81 Homilies (prescribed to bee read to the people in the roome of Sermons, when they are wanting) condemne pictures in Churches, as Popish and perillous: And in our daies there bee many of another mind, who professe the contrary, and would take it very ill to be taken for Papists. Our chiefe Protestants (with our English Solomon, King James) have held the Pope to bee An∣tichrist; and the principall Papists endeavour to de∣fend the contrary; and their Apology is esteemed, by most, a maine point of Popery.

But of late there have been some, who make them∣selves the Popes Compurgators against that criminall

charge, and yet with many goe for very good Prote∣stants; and in divers other particulars (reputed Popish) Papists glory in our approaches towards them, and sticke not to say of our Church,a 1.82 That Protestantism waxeth weary of it selfe,b 1.83 and that Calvinisme is accounted Heresie, and little lesse (and if we beleeve a latec 1.84 Author of some note, nothing lesse) then treason. In summe, these points ofd 1.85 Images, and Antichrist, with others, as the lawfulnesse of some kind of prayers for the dead, the estate of the Fathers soule before Christs ascension, free-will, prede∣stination, universall grace, the pos∣sibility of keeping Gods Comman∣ments, which (for the most part of them) have been held as a partition wall betwixt Protestants and Pa∣pists, are taken by some (who shew themselves in print as opposite to Popery) but for adiaphorall Pro∣blemes, disputed without breach of charity among Prote∣stants themselves. And, as some of our learnede 1.86 Di∣vines have shewed, that divers of our Protestant Do∣ctrines have been taught by some writers of the Romish Church: So on the contrary, have somef 1.87 Papists en∣deavoured to retaliate, and to quit the objection, by bringing in a list of Doctrines accounted Popish; yet held by such as are reputed and acknowledged (by some Antipapists) for Protestants; and as of Doctrine, so concerning Discipline, there is doubt, what opi∣nion

may bee reputed Popish: For Archbish.g 1.88 Whit∣gift, Bishoph 1.89 and Bishopi 1.90 Downham conclude Popery upon the Presbytery; and thek 1.91 Presbyterian Disciplinarians on the contrary condemne all Episco∣pall Jurisdiction as Papisticall.

Here, though wee conceive, that that should bee held a Protestant or Popish Doctrine, which is carried by the common consent of allowed Divines of each Church, rather then the particular opinions of private men (which are to the other but as whisperings in the care, to a loud cry in the aire) wee cannot resolve of our selves what they, who composed the Oath, did intend to discard as Papisticall Doctrine.

Object. But the abjuration of Popery in the Oath is generall, and so the fitter for such as are zealous Pro∣testants to take it.

Answ. It is true, if zeale without knowledge were sufficient; but it is necessary, they should first know what Popery is, and what is not, before they renounce it by swearing: and the forswearing it, without knowing it, hath made some to abjure all Episcopacy, as taking (and therein mistaking) it, (as we conceive) to be no other then the Government of Popery.

Object. But doe not the next words clearly discover what Doctrine is meant, viz. [contrary to that which is so established?]

Answ. We make no question but by these words, the mind of them who made the Canon, was to bring our Protestant Doctrine within the verge of the San∣ctuary, and the circle of subscription; so that nothing should be received as Protestant, or not as ours, or

not as necessary to salvation, which is not either ex∣presly, or by consequence contained in that compasse: And also to leave a latitude sufficient for particular opinions, wherein men might use freedome of judge∣ment, without infringing of charity; and wee thinke it a meet meanes to preserve the Churches peace, that the Doctrines be not too many, which are to be re∣ceived and beleeved of all: and that these Doctrines are established in the Church; but what Tenets are re∣jected as properly Popish, doth not as yet appear unto us, and withall, we doubt.

DOUBT 5.

What establishment of Doctrine is here meant,* 1.92 and how farre it may be said to be established.

THE REASON.

BEcause we conceive that the 35. Article, at least vertually, establisheth the Doctrine of the two Bookes of Homilies (the one set forth in King Ed∣wards the sixth, the other in Queen Elizabeths raigne) as godly, wholsome, and necessary Doctrine; and as fit to bee preached to the people in a Sermon, as read to them in an Homily.

But on the contrary, hee that hath taken upon him to analyze the Articles into severall propositions, and to confirme them by Scripture, and otherwise (and this by allowance of publick Authority, as the title page of his booke doth testifie) setteth this Note upon that Article, Touching this Article, the greatest matter (saithl 1.93 he) is not, Whether these Homilies meant and

mentioned, doe containe Doctrine, both godly, wholsome, and necessary: but whether Homilies, or any Apocrypha writings at all, may bee read in the open Church, and before the Congregation: Whereof (in reason) there needs no more refutation then the reading of the Ar∣ticle, and the severall Titles and Contents of the Ho∣milies annexed to it.

And though we like it well enough, that his Testi∣mony is sometimes excepted against, asm 1.94 proceeding from a private man; yet since his glosse upon that authenticke Text, hath commonly passed in the name, and without the note of dislike of Authority, it indu∣ceth us to doubt, what Doctrine in those Bookes may be said to bee established in our Church; and wee are the more unsettled in our conceipt thereof, because wee see the Homily of the perill of Idolatry so little heeded, and so much liberty of late taken to controll it, with new Pictures in Churches, that if the Homily were read in some of them, it might be doubted (by such as consider no more then what is presented to their senses) whether there were not one Religion for the eares, another for the eyes: or whether the Lay∣mens bookes, or the Clergy mens were published with greater priviledge: which hath been an occasion of Papists bragging,n 1.95 That our Churches begin to looke with a new face, and their walls to speak a new language; the face out-facing, and the language contradicting the Doctrine of the Homilies.

We doe not meane hereby to charge those with Idolatry, who have made it their care, and have been at great cost, to adde the beauty of henour in the walls and windowes of Gods house, to the beauty of holinesse in the Communion

of Saints (who resort unto it, and performe their solemn devotions in it) wee doubt not but they are too wise to worship the worke of the pensill, or any worke of mans hand: yet wee beseech their wisedome to consider, that the world groweth old, and with age (according to the Proverb) becomes childish; and children delight more to looke upon Babies, then on the letters of their bookes, or to learne their lessons: and so that which by them was meant but for adorning, the illiterate (with the mutila∣tion of a letter) may turne to adoring; and what was in∣tended but to be a memorandum of History, may be turned by some, and taken by others, as a memoriall of the my∣stery of Iniquity: whereby the subtle may draw the sim∣ple from spirituall piety, to sensuall superstition; which was the evill effect feared by those grave and godly Di∣vines, who composed the Homily: and for which cause they so zealously contested against all Images in Chur∣ches: They had read, no doubt (with due regard) the saying of St.o 1.96 Hi∣lary against Auxentius, Your love is fondly set upon faire walls; you doe ill to make your respect of the Church, by the out∣ward splendour or statelinesse of structure: know you not that Antichrist will set his Throne in such as these? But this is his Quaere, none of ours; we goe on.

We had thought, it had been the established Doctrine of the Church of England (in the Homily of the time and place of prayer) that it is a necessary and perpetuall duty (by the fourth Commandement) to celebrate one day in seven with religious observances; but wee find that Doctrine publickly gain-said by divers, and the Do∣ctrine of the Popish Schoolemen as publickly main∣tained

against it, in divers Treatises in print. And for the Articles of Religion themselves (wherein chiefly wee conceive the Doctrine of our Church to be con∣tained, and by Authority, both Civill and Ecclesia∣sticall, to be established) they are much impeached in the power and vigour of their stability, by leaving such liberty for the points of free will, predestination, and possibility of keeping Gods Commandements (as before hath been noted) which by the 10.15. and 17. Articles are resolved, against the opinions of the Papists: and much more are they wronged by him, who hath written ap 1.97 Booke, and therein hath labou∣red with much subtlety and diligence, so to mince them by manifold distinctions; and to wrench them from their proper, to a Popish construction; as if the Convocation that concluded them, had had no mind or meaning to contradict the Councell of Trent: and that now our 39. Articles were patient, yea ambitious of some sense, wherein they may seeme Catholick (i. in their sense, Popish) as a lateq 1.98 Papist with great boasting hath upbraided unto us: So in the book called Charity main∣tained.

By expounding and applying of these Articles in a new way, hath Franc. à Sanct. Clara troden out a new tracke (though with many intricate turnings and wind∣ings) in which men of equivocall consciences may send their faith to Rome, while their affections keep close to their Interests in England; and hath taught them to play fast and loose (as to their Orthodox and Protestant sense) so that asr 1.99 Aristotle said to Alex∣ander concerning his Physicks, they were published, and not published; their words being read, and their

meanings not rought; the Articles might be said to be established, and not established: established as a sa∣cred Text, but not established by meanes of an ambi∣guous Comment, turning the Interpretation (like a nose of waxe) as easily to the left hand, as to the right: And how farre this cunning stratagem hath prevailed with some, we cannot tell; but, as in charity we hope well of those of whom wee know no ill; so in godly discretion, wee dare not bee so confident in our good opinion, as to sweare what we but thinke, and wish to be true.

But, though we cannot make faith upon Oath, how farre our Doctrine is established, as in opposition to Popery, wee doe not deny but that our reverend Fa∣thers and Brethren of the Synod might intend hereby, more firmly to establish that Doctrine, which is most repugnant to such opinions as they beleeved to bee properly Popish: and the rather, because wee have been credibly informed, that the Oath was first pro∣posed, and so passed in the house of Convocation, as an abjuration of Popery onely.

But a second time tendred (as in a second edition) it was augmented, but (as we conceive) not amended, when the Discipline or Government was intwisted in it, as it followeth in the next words.

THE OATH

—Nor will I ever give my consent to al∣ter the Government of this Church, by Arch∣bishops, Bishops, Deanes, Archdeacons, &c. as it stands now established, and as by right it ought to stand.

WHerein are observable many particulars, and each of them questionable; which wee will propose in that order, which may best conduce to make our Doubts capable both of right understand∣ing, and due satisfaction; it is this:

• 1. The degrees of Government,
  • 1. Expressed.
  • 2. Concealed under the &c.
• 2. Their state, as it now stands.
• 3. Their right, as it ought to stand.
• 4. Their perpetuity not to be changed.
• 5. Our Constancy, that though they should be changed, we should not consent.

1. Of the degrees of Governours exprest, viz. Archbishops, Bishops, Deanes, and Archdeacons.

DOUBT 6.

Whether the degrees here specified be propounded to bee allowed in the same,* 1.100 or in a different degree of assent and approbation.

THE REASON.

BEcause there is no distinction of them in the Oath, but in title and order; and yet there is so much difference betwixt them (in respect of approba∣tion) that Deanes and Archdeacons (before now) were never by attestation, or subscription so farre ap∣proved, as Archbishops (but especially as Bishops) have been: how then can wee be so certaine of them, as now to give them (as it were per saltum) the highest degree of ratification at once, viz. a solemne Oath, when hitherto wee were never required to give our hands, or passe our words on their behalfe: and if the assent be intended in a different degree, how can wee compose our consciences in one and the same act of swearing, to approve further of the one, then of the other, the words of the Oath sounding the same de∣gree of assurance to them both? If then we take them together, wee cannot find how wee should avow their approbation, in one joynt and indistinct asseveration; especially upon Oath. But for Deanes and Archdea∣cons we have particular Doubts.

First, of Deanes The DOUBT is,

* 1.101 What Deanes are here meant.

THE REASON.

BEcause in the whole Canon law there is no title of the degree of a Deane (saitha 1.102 Azorius) and in divers Authours we find the name Deane of a different acception; for (besides the Military sense, wherein it signifieth a Captaine of ten men, asb 1.103 Lindwood hath it: the Monasticall sense, as it is taken and explained by Saintc 1.104 Augustine for him, who hath the Govern∣ment of ten Monks: the Academicall sense, whereby it signifieth the same, in some Colledges, which the word Censor doth in some others) there is an Ecclesi∣asticall Deane, and ambiguity also in the word, with that restriction: for (asd 1.105 Duarenus, and others from him doe distinguish) there is one sort which are called urban, another Vican: to speake in the phrase of the present age, the Urban we may call Cathedrall Deans; the Vican, Deanes Rurall: the moree 1.106 ancient name of such wasf 1.107 Archipresbyter, that is, as the word importeth (andg 1.108 Onuphrius expounds it) the chiefe or princi∣pall Presbyter: and such a one is the Cathedrall Deane, among the City Presbyters; and a Rurall Deane, among the Presbyters of the Country.

Whether Cathedrall, or Rurall Deanes, or both be

intended in this Oath, is somewhat doubtfull: That Cathedrall Deanes are meant, it is probable; because they are placed next after Bi∣shops, andh 1.109 before Archdeacons: and though the Archdeaconi 1.110 bee said to bee next after the Bishop, and his Vicar (i. Generall,) it is with reservation of the right of the Deane, in respect of the Cathedrall Church: And that Rurall Deanes should not bee excluded, is probable also; because Bishopk 1.111 Downham brings them in as Church Gover∣nours, with those that are named in this Oath: and for that they are calledl 1.112 Archipresbyters (which is a title above Archdeacons) and in some places have had more jurisdiction (as in this Diocesse) untill a very few yeares last past, then the Archdeacons have had. And if both bee here meant, then first concerning the former sort.

DOUBT 8.

What is the Authority and Government of Cathedrall Deanes.* 1.113

THE REASON.

1. BEcause Deanes Cathedrall and Rurall (being both comprehended under the title of Archi∣presbyters) their office is so described bym 1.114 Lindwood and others, that it is difficult to discerne what is proper or peculiar to them in severall.

Secondly, where they are more distinctly set downe, then 1.115 Cathe∣drall Deane is brought in as Presi∣dent of the Canonicall Colledge, for the government of the Ca∣thedrall Church, according to the Constitutions of their foundation; and so is said to be an assistant to the Bishop at home (that is, in the Cathedrall Citie, as the Archdeacon is abroad in the Country;) but there cometh in much doubt and ambiguity, what Government is meant: for the Bishops and Deanes are often at difference about their Authority; which is more or lesse, accor∣ding as the Charters of their foundation doe vary: which to some give a larger, some a lesser power and preheminence. For the Deanes of Westminster and Windsor (aso 1.116 wee have heard) have Episcopall Juris∣diction, which other Cathedralls (for the most part) have not. Some have Statutes, by which they go∣verne; and some (as the Deane and Canons of Christ Church in Oxford) are leges loquentes, speaking laws; and therefore are very fitly called Canons, or Rules, governing according to the dictate of their owne dis∣cretion and conscience; and so wee cannot (in respect of such) apply Bishopp 1.117 Halls distinction betwixt Rules of government, and Errours of execution, to accept the one, and reject the other; nor can we swear to their Government, though with distinction (for that is uncertain to us both for rule and practise) much lesse with confusion, as in the Canon it is contained.

Thirdly, the Jurisdiction of Deanes and Chapters may bee much augmented by Synodicall Constituti∣ons:

for in the later 1.118 Grant of the Benevolence to his Majestie by the Provinciall Synod at Yorke (and wee doubt not, but it is so also in that of the Province of Canterbury, though yet we have not seen it) during the vacancie of any Bishopricke, they have granted unto them Authority to exercise the Ecclesiasticall censures of suspension, excommunication, interdicts, and sequestration against such as deny, or delay to make payment of the Benevolence there conclu∣ded.

Fourthly, some Deanes and Chapters have had so much Authority within themselves, as to bee out of the reach of Archiepiscopall power; and therefore have refused to be visited by the Archbishop.

It was so betwixt thes 1.119 Deane and Chapter of Dur∣ham, and the Archbishop of Yorke many years agoe, which exemption (by some reluctant contestation of the Clerke sent from them to the last Convocation) seemed neither forgotten, nor forsaken by that Deane and Chapter.

Fifthly, in the Booke of Reformation of Ecclesia∣sticall Lawes, made by King Henry the eighth, and King Edward the sixth (which appeareth to be yet in force, and was very lately reprinted for better Infor∣mation touching the Government of the Church) there is this rule set downe for Cathedrall Churches,t 1.120 They shall keep their Statutes of their foundation pure and entire, so farre as they shall not be found adverse to the Word of God, nor to our Constitutions of Religion, ei∣ther already published, or hereafter to be published.

Where (to conclude this Doubt) wee see so much diversity, and in some respects contradiction, touching

the Government of Cathedrall Deanes and Chur∣ches (for some have Episcopall Jurisdiction, some have not, some have Statutes, some have none;) and besides all, the doubt of that which already is in use, so much uncertainty of what may be hereafter (accor∣ding to this Constitution) that wee can find here no solid ground for a sacred Oath.

Of Deanes Rurall. The 9. DOUBT is

What is the Authority or Government of a Deane Ru∣rall.* 1.121

THE REASON.

BEcause (under the name and title of Archpresby∣ters) they have had much Authority in Govern∣ment of the Church in former times; whereof the most observable particulars are collected by a very learnedu 1.122 Doctour of our Church, and they are chiefly these:

These Archpresbyters, or Deanes Rurall, were to be chosen by the Clergie, andx 1.123 not to bee deposed by the Bishop; without the consent of those that chose them; they were to assist the Bishop in Government, and that of such necessitie, that hee must not bee without them: Their office was to admonish both Laitie and Clergie of their dutie; and to see that they did it: They were to visit the Churches of their Precincts twice a yeare; and if any

of they 1.124 Laity were wilfully minded against their admonitions, they were so long to bee excommunicated out of the Church, untill they were re∣formed. They were to have a Chap∣ter of Parish Ministers, who (within a yeare after they were possessed of their Livings) were to sweare to the Deane, and so to bee admitted as brethren, to sit in the Chapiter with him and to be bound to come to the yearly Chapiter, and otherwise also, when upon urgent cause the Deane should call a Chapiter (which was ordinarily foure times in the yeare) and to beare part of the charge. In these Chapiters, the Archipresbyters were to publish the Decrees of Provinciall and Episcopall Synods; and to urge the execution of the same. The limits of their power in Government were, to suspend Laymen from the Sacrament, and Clergie men from execution of their of∣fice: hitherto they might proceed, but no further.

But in practice, partly by the connivence, partly by the corruption of the Bishop, they lashed out be∣yond their line: for, as a zealous Preacher complain∣ed in the Councell of Rhemes, Thez 1.125 Archipresbyter went about in visiting of his circuit, selling all sorts of sinnes, Murder, Adultery, Incest, Sacriledge, Perjury, and thereby filling his purse, the fame whereof coming to the eare of the Bishop, hee sends for him, that hee may have a share with him; upon demand he denieth, upon deniall they wrangle: but at the last, he knowing that if the Bishop be against him, he must forgo

his gaine; hee yeeldeth him a part: and so, saith that Preacher, are Herod and Pilate reconciled against Christ.

In later times, especially in most Diocesses of Eng∣land they have had lesse to doe, and done lesse evill; Doctor Cousins the Civilian, setting downe the Deane Ruralls office, maketh it to consist in little else, then in callinga 1.126 Clas∣sicall Assemblies (that is, those who are to assemble within his Deanry) to signifie the mind of the Ordinary, according to the tenour of letters received from him; and in absence of the Archdeacon, to induct into Benefices.

But in this Diocesse, the Deanes for many yeares past have had a great part of Episcopall Jurisdiction shared among them; and this by Patent for lives or yeares from the Bishops, allowing sometimes larger, sometimes lesse Authority unto them: Some have had power tob 1.127 censure all offenders, and offences of the Laity; the crimes of Incest and Adultery alone excepted. And some have beene limited to the correction of some few faults specified in their Patents; and of late, about (or not much a∣bove) three yeares since, have most of the Deanries been compounded together into one Patent, or two at the most: and assigned to the Archdeacons by your Lordship, and by them resigned for execution to the Chancellour (as their Officiall) for that Jurisdiction.

Now, if Deanes Rurall be meant in the Oath (and

considering what authority and power, both in for∣mer times, and of late they have had in this Diocesse, and it may be, by the Constitutions of the Church yet in force ought to have, we know not why they should bee left out of the Government of the Church; nor why they should not bee contained under the title of Deanes) how can wee, without being over-bold with our consciences, take them into such an Oath, there being so much diversity and uncertainty of their Au∣thority?

Of Archdeacons The 10. DOUBT is,

What is the Authority and Government of Archdea∣cons.* 1.128

THE REASON.

BEcause Deacons are inferiour to Presbyters (so farre inferiour) that a Deacon, though dignified, should not presume to sit before a Presbyter, by thec 1.129 sixth Councell of Constantinople; and so an Arch∣presbyter (as a Deane Rurall is usually stiled) should be superiour to an Archdeacon: but as Doctord 1.130 Field observeth, notwithstanding all the Canons to the contrary (& they were many, as we may have occasion to note elsewhere) and the violent opposition of Hie∣rome, and other Worthies of those times: they were lifted up, not only above Presbyters, but above Arch∣presbyters also, and that came to passe (as hee obser∣veth) for divers causes.

First, because there were fewer Deacons then Pres∣byters; and soe 1.131 paucity made the one sort to be honoura∣ble, and multitude the other rather contemptible.

Secondly, because Deacons had the charge of the treasure of the Church, which kind of imployment is usually much set by.

Thirdly, because they were often used by the Bi∣shop for viewing of such parts of his Diocesse, as hee could not conveniently visit himselfe; and wee may conceive the reason of that to be, because the Deacon was a close adherent to the side of the Bishop, and that so necessarily, as Epiphanius conceived, that (asf 1.132 be∣fore we have noted under another title) hee said,g 1.133 It was impossible for a Bishop to bee without a Deacon; whereupon in tract of time, as the Cardinalls by their propinquity to the Pope, overtopped the Bishops (who at first were so farre inferiour to them,h 1.134 That a Bishop would not be a Cardinall, because hee would not submit to a diminution of dignity) so the Archdeacons, by their neernesse to the Bishops, came to be exalted above the Presbyters; which (as Doctori 1.135 Field conceiveth) was in Saint Hieromes time.

But, though there were then an Archdeacon above the Deacons (who did not only officiate himselfe, but prescribed unto others what they should doe) yet an Archdeacon, with allowed Jurisdiction over Pres∣byters, was of a later Institution. Bishopk 1.136 Andrewes saith, an Archdeaconship is a new degree, which (I sup∣pose he would not have said if it had been authorized in Saint Hieromes time; when, if it were in use, it was

without the approbation of the best, as hath been no∣ted: wee may well conceive then, that Saint Stephen the Protomartyr was not an Archdeacon, as he is called in the Decree ofl 1.137 Pope Lucius.

For the Archdeacons Jurisdiction, it is so diversly set downe in Ecclesiasticall Constitutions, that it is very hard to tell, what by rule their Office or Go∣vernment is, as will appeare to him, who will take paines to peruse the quotations in them 1.138 Margin; so that from Con∣stitution their Authority flyeth for refuge to Prescription: of which Doctor Field saith thus,n 1.139 The Archdeacons (which at first might not sit in the presence of a Presby∣ter, but being willed by him so to doe) in the end became (by reason of their imployment by the Bishop) to be greater, not onely then the ordinary Presbyters, but then the Archpresby∣ters themselves; and therefore it is confessed by all, that the Archdeacon hath none Authority, or power of Jurisdi∣ction, by vertue of his degree and order, but by prescri∣ption onely: nor can hee claime more then hee can pre∣scribe for; and it may be, hee may prescribe for that which is not commendable haply, not lawfull: as for that which the Councell of Challons severely con∣demneth,o 1.140 It is reported by some (saith the Councell) that Archdeacons use domination over the Presbyters and take tribute from them; which smelleth rather of ty∣rannie, then of order.

Prescription and Custome may prevaile against Right

and Truth, as many times they doe, as Tertullian saith,o 1.141 Whatsoever is set up against that, is Heresie, though it be an old custome. In this Diocesse the Arch∣deacons have for the most part been but titular, since the foundation of the Bishopricke, into which were incorporated two Archdeaconries; the one of Chester, the other of Richmond: and of late some Rurall Deanries (as before we have observed) were assigned unto them; and some of us have heard your Lordship say, That their Jurisdiction is such, and so much, as you are pleased to permit unto them: and what that is, who can tell but your selfe? how then may it be safe to sweare to the Government of the Church by Archdeacons, when wee cannot know what their Go∣vernment is; since the rules of that Office are very un∣certaine, and the prescription by practice more un∣certaine to us (especially) who have had no such Ju∣risdiction in use among us: and it may be, if wee had, wee should find more cause to except against it, then to sweare for it; which wee desire may not bee inter∣preted to the prejudice of any worthy person of that denomination: and wee doubt not, but there are ma∣ny such, and some well knowne to many of us, for men of very eminent endowments, both intellectuall and morall; whom we acknowledge for such, and so desire to enjoy them, as our deare brethren and friends.

Of the &c.

Our Doubts hitherto have beene of the Gover∣nours expressed; our next Inquiries are to bee made

of the &c. and of such Governours as are concealed under it: and thereof our Doubts are divers, and so counting on, our

11. Particular DOUBT is,

Whether we may safely take a new Oath with an &c.* 1.142

THE REASON.

BEcause in a new Oath we cannot be certaine, with∣out some expresse direction (which in this case we find not) how farre the sense of the &c. reacheth: and so we cannot sweare unto it in judgement (as the Pro∣phet Jeremy directeth, Jerem. 4.2.) but at the most in opinion: There is no man would willingly seale a Bond with a blanke for the summe, so that the Ob∣ligee might make the debt as large as hee listed; and we conceive we should be more cautelous in ingaging our soules by an Oath, then our estates by a Bond: since in this the tye is more vigorous, the breach more dangerous, then it is in that; and wee verily thinke, that if wee should returne our deposition with some termes of the Oath, as I A. B. doe sweare, that I doe approve the Doctrine and Discipline of the Church of England, and presently breake off with an &c. (though what followeth be well enough knowne) it would not be allowed for a lawfull Oath, which yet seemeth to us more warrantable, then that which by this Canon is tendred unto us.

DOUBT 12.

How farre the &c. is to bee extended,* 1.143 when it is expresly declared.

THE REASON.

BEcause of the variety of opinions, which have beene conceived of the Contents of it;* 1.144 some (who suppose they understand the Oath so well, as to be able to expound it to others) have said, that the Governours of the Church are expressed before the &c. and that under the &c. are implicitely comprised the Rules or Constitutions of Government, especially the Booke of Canons of the yeare 1603. but most conceive this to be an impertinent interpretation; be∣cause the &c. importeth somewhat of the same sort that went before; and thus to expound it, is to make a groundlesse transition à personis ad res; but if we agree (as most doe) that persons are meant under the &c. and those persons Governours (which is most proba∣ble) our Doubt is, what Governours they be.

DOUBT 13.

What Governours are included in the &c. whether the King,* 1.145 as Supreme, be altogether omitted, or impli∣citely contained in it.

THE REASON.

BEcause wee doe not know, why hee should bee wholly omitted; since hee is supreme Governour over all persons, or causes, both Ecclesiasticall and

Temporall, and so to bee acknowledged by all Prea∣chers in their prayers before their Sermons, by the 55. Canon: nor can wee conceive any just cause, why he should be but covertly implyed in an &c. when in∣feriour degrees are formally expressed.

Object. If it bee said, that there is a peculiar Oath for his Supremacy to bee taken at the Ordination of Ministers, and at other times by other persons, upon severall occasions,

Answ. We conceive that should bee no let to the asserting of his Soveraigne Right in this Oath; be∣cause that Oath of Supremacy is expresly made (as the title of it sheweth) to shut out the usurpation ofq 1.146 forrain powers and Potentates; and so giveth no such security against those popu∣lar diminutions of his Ecclesiasti∣call Authority: the jealousie whereof occasioned the reverend Prelates of the Church in the late Synod, to propose this Oath, as a Bond of assurance of their Episcopall preheminence.

They have shewed themselves zealous (we confess) in pressing his Royall Right, both ecclesiasticall and civill, against allr 1.147 popular, as well as Papall impeach∣ments: and have annexed a penalty against such, as shall by word, or writing publickly maintaine, or abett any position or conclusion, in opposition to their explica∣tion of the Kings Authority.

But yet there is no Oath required, to oblige any subject to a perpetuall approbation of his Regall power, as supreme Governour of the Church, as there is for Archbishops and Bishops: nor is the penalty for

publicke opposition thereof so dangerous, as for a pri∣vate forbearance of the Oath (though with a timerous and tender conscience.) For, for not taking of the Oath, a Minister may for ever bee deprived of all hee hath within three moneths; but for publicke opposi∣tion against the Kings power, hee shall not suffer so much, unlesse hee continue contumacious two yeares together, as they that reade and marke the Canon shall observe.

It may be his Majesties Supremacie was left out by accidentall oblivion; or if by resolved intention, it was perhaps upon supposall, that the caution of the first Canon made it superfluous: and it may be, there may be some secret mysterie in this omission, which (if wee may not presume to know) some haply will imagine, it is to give some better colour to the Bi∣shops proceedings, in sending out the Processes of their Ecclesiasticall Courts in their own names, which hath been often reproved by their opposites (as very prejudiciall to the Royall Prerogative) though (of late yeares) for that particular there hath been an a∣ward procured and published on the Bishops behalfe, according to the request of thes 1.148 Lord Archbishop of Canterbury that now is.

Object. But howsoever if the mention of his Sove∣raigne Authority bee omitted, there is the lesse to sweare to; and so the charge of the Oath is more

light, and may for that the more heartily be taken.

Answ. It is true, if the omission give no occasion of timerous surmise; but to some it doth, and if in charity wee hope the best of it in this case, there is cause yet to doubt of the &c. and therefore wee fur∣ther demand of the subordinate Governours implyed in it.

The 14. DOUBT.

Who, and what Governours they be.* 1.149

THE REASON.

BEcause (in the title of the seventh Canon) there is mention of Archbishops, and Bishops, with an &c. and in the body of the Canon, Deans and Arch∣deacons are added to them, and the next words are [and the rest that beare office in the same] that is, in the Government of the Church of England. And those that beare office, besides these that are named, are Guardians of Spiritualties, Suffragans, Chancellours, Vicars generall, Commissaries, Officials, Surrogates. For the first:

t 1.150Guardians of Spiritualtiesu 1.151 are those, to whom the spirituall Jurisdiction of any Bishopricke, or Archbi∣shoprick is committed, during the vacancy of the See.

x 1.152Suffragans are titular Bishops, ordained to assist the Bishop in his function, whose turne they supply now and then in Ordination of Ministers and Deacons, dedica∣tion

of Churches, confirmation of children, that have been instructed in their Catechisme.

Chancellours, who exercise ordinary Jurisdiction in the City of the Episcopall See, next to the Bishop, and by Authority derived from him.

y 1.153Vicars generall in some Diocesses are the same with the Chancellours, as we may see by the stile of their Processes; but if the office bee considered of it selfe (as some describe it) it is very large: for thus we find it in Azorius.

Az 1.154 Vicar generall may excom∣municate, suspend, interdict, con∣ferre Sacraments, or give faculty to others for that purpose, hee may collate Benefices, visit, inquire, in∣stitute, elect, confirme, present, cor∣rect, punish, change vowes, and dispense with Oaths.

a 1.155Commissariesb 1.156 are such as exercise Jurisdiction afarre off, o∣ver those who cannot well come to the Bishops Consistory in the City.

c 1.157Officialls are properly such as exercise Jurisdiction under Archdeacons, and are simply called Officialls, without addition: and if the Commissary bee called by that name (as many times he is) it should not be simply, but (as ind 1.158 Lindwood) with the addition of Foraneus.

e 1.159Surrogates are such as are substituted by Chancel∣lours, Commissaries, and Officialls.

To which wee may adde Canons, or Prebendaries of Cathedrall Churches, who are joyned in Govern∣ment with their Deanes; and are with them to bee à consiliis to the Bishop, Clerkes of the Convocation: and,

it may bee, Parsons also may bee reckoned among Ecclesiasticall Governours: for they are called Re∣ctors of their Churches, and Vicars; and other preach∣ing Pastours may be so called, governing their Flocks as they doe. And it may bee, Registers, Proctors, and Apparitours of the Consistory Courts, and Church-wardens, and Sworn-men in particular Pari∣shes may bee brought into the Oath, by the Explica∣tion of the seventh Canon. And if no Officers bee comprehended in it, but Governours; no Gover∣nours, but such as have a coercive or compulsive power, there are yet so many severall sorts of them, so much diversity among them, and so great difficul∣tie to know their Government what it is, and how farre it reacheth, that very few, not onely of the Lai∣tie, but of the Clergie also (who are not profest Ci∣vilians with all) can tell what hee sweareth to, when hee sweareth to them under their expresse titles, much lesse when under the ambiguous Intima∣tion of &c. These are our Doubts of the degrees of Government; the next particular is their present state.

2. Partic. —As it now stands.

The 15. DOUBT.

* 1.160 Whether the establishment of thef 1.161 Adjuncts, or theg 1.162 not necessary Appendences of Bishops bee to bee sworne unto in this Oath.

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 1.163 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 1.164 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 1.165 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 1.166 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 1.167 London and Gla∣morgan, orn 1.168 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 1.169 Nationall Councell) hee may place a Patriarch; and King James shewed himselfe well enough in∣clined to such a superiority, when he said,p 1.170 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 1.171 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 1.172 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.

3. Partic. As by right it ought to stand.

The 16. DOUBT. What this Right is,

* 1.173 by which the Government is meant to stand.

THE REASON.

BEcause there bee some, that thinke these words a limitation or restriction of the former: as if the meaning were, that we ought to approve of the esta∣blishment of this Government, so farre as of right it ought to stand, and no further: but concerning that, they that framed the Oath, could make no doubt of any ones dissent, and therefore in that sense would call for none assurance upon Oath.

It is more consonant to reason to conceive, that they meant to have an acknowledgement, not onely that the Government de facto is indeed established, but

that de jure also, of right it ought to bee so; but then, Quo jure will be the Question, whether the same, or a diverse right? If the same, whether shall Bishops come downe to Deanes and Archdeacons, and claime no better warrant for their dignity then they? or shall Deanes and Archdeacons advance the Tenure of their Authority as high as Bishops doe, to claime their preheminence and power by divine right? that as in the case of the Boemians (concerning the use of the Communion cup, at the Coun∣cel ofs 1.174 Basil, but more justly then so) may bee denied to them all, when under some other title, pre∣heminence may be allowed unto them.

Some conceive the word Right was left at large in favour to Deponents, that there might be a latitude for such as are of a scrupulous conscience, to conceive such right as they could best approve of: and especi∣ally that right which agreeth to them all, to wit, a Po∣sitive and Ecclesiasticall right by humane constitution or prescription. But those that have better meanes to know the minds of the Composers of the Canons, will have the Right diversified, according to that to which it is applyed; as, that Bishops stand by divine Right, the rest by Right Ecclesiasticall.

To this purpose we may bring in the saying of our Saviour, Lo, Lam with you to the end of the world, Mat. 28.20. which is not to be understood in person, but by assistance (for neither he, nor they his Apostles, to whom hee spake, were to bee in the world, untill the worlds end) and this assistance is divers: infallible, as to the Apostles, but sufficient only to their successors;

so the Right may be conceived to be divine in respect of Bishops; but humane to all the rest. But of this tenet of divine Right, though it be held by veryt 1.175 great Prelates of our Church, and byu 1.176 some said to be the Doctrine of our Church, such a Doctrine, and so fully delive∣red by the Apostles, That there is not the tenth part of the Plea for the Lords day from their wri∣tings, which Bishops have for their Episcopacie (which comparison, God willing, shall bee exami∣ned else-where) and thatx 1.177 there be divers points of faith (weighty points) which have not so strong evidence iny 1.178 Scripture; so strong evidence, that heaven may as soone fall, as that faile the Bi∣shops.

And though some (who have beene approved for their very great and faithfull labours in the Church, and for extraordinary zeale against all Popish opini∣ons) havez 1.179 acknowledged somewhat in the calling of Bishops to bee Divine and Apostolicall; yet there is much said on the contrary side: which, if it serve not to induce a deniall of that high and holy claime, may occasion at least a doubting thereof. And very doubt∣full it was (in the Councell of Trent) by reason of the diversity of opinions there proposed: for though the superiority of Bishops over Presbyters werea 1.180 de facto confessed, de jure it was doubted, whether it wereb 1.181 by a Divine, or by a Pontificall right; that is, whether by a right derived from the Scripture, or from the Pope? and we may adde (according to thec 1.182 Augustan confession) or neither: for that alloweth no difference

betwixt a Bishop and a Presbyter, but by custome and constitution Ecclesiasticall; and so doubtfull was theird 1.183 Tenure, that some (in that Councell) were willing to avoid the discussion of that doubt; and the chiefest of the Prelates (thee 1.184 Cardinall of Loraine) when he discoursed of that Question, spake still ambi∣guously; and at last concluded, That the Question was boundlesse: and though they made it more intricate, then with us it can bee, by their erroneous opinion of the Papall power and prelation over Bishops (whereof we conceive no scruple at all, since wee reject it, as a Paradox in our Church) yet there is doubt for all that of the Authority of Bishops by divine right; and just ground for that doubt: for

First, Saintf 1.185 Paul in his Epistles useth the words Bishop and Pres∣byter in a promiscuous manner; as Chrysostome, August. Hierome, and others have observed: and all three have spoken somewhat to bring Presbyters neerer to an equality with Bishops, then the Tenet of such superiority (by Divine Right) as is pleaded for, will admit: for, Chrysostome speaking of Saint Pauls naming of Bishops and Deacons, with∣out mention of Presbyters: as to all the Saints which are at Philippi, with the Bishops and Deacons, Phil. 1.1. giveth this reason of their omission, Because (saithg 1.186 he) there is in a manner no difference betwixt a Bishop and a Presbyter: onely in Ordination Bishops have the* 1.187 preheminence: the same saithh 1.188 Hierome in his Epistle

to Evagrius; and commenting upon S. Pauls Epistle to Titus,i 1.189 Hee would have Bishops to know, that they are greater then Presbyters, rather by custome, then by truth of any constitution or disposition of the Lord; and that they ought (in com∣mon) to govern the Church. Saintk 1.190 Au∣gustine to the same purpose saith, That the phrase of the Church makes Episcopacy greater then Presbytery, which Bishop Jewell rendreth thus:l 1.191 The office of a Bishop is above the office of a Priest (not by au∣thority of Scriptures) but after the names of honour, which the custome of the Church hath now obtained.

The Parenthesis is his, brought in to make up the sentence of Saint Augustine; and as now the distincti∣on of Bishops and Priests is received, it cannot (asm 1.192 some, who yet approve of Episcopall preheminence, have written) bee directly proved out of Scriptures: and whereasn 1.193 Archbishop Whitgift saith, the reason why Bishops and Presbyters are taken for the same, is, because every Bishop is a Presbyter; but not on the contrary, every Presbyter a Bishop: that reason for the Affirmative part is contradicted byo 1.194 divers In∣stances; and for the Negative, it will not passe with∣out exception, at least for the Apostles time: of which Saintp 1.195 Hierome saith, that a Presbyter is the same with a Bishop, and so was taken, untill by the Divels instinct some turned Religion into faction.

And thoughq 1.196 Aerius (when his ambitious desire to bee a Bishop was disappointed) in emulation and anger fell to contemptuous comparisons of Bishops with Presbyters; and therefore was noted by Epipha∣nius

in his Catalogue of Heretickes: and since himr 1.197 Michael Medina made it materiall heresie, to deny the distinction of Divine Right be∣twixt Bishops and Presbyters, and thes 1.198 Councell of Trent formally de∣creed it, with an Anathema to those that deny it. Yet was not Hierome (though a vehement Advocate in the behalfe of the Presbyteriall dignity) much lesse Chrysostome and Au∣gustine for such sayings as these ever taxed for heresie. Nor ist 1.199 Aerius left without a probable Apologie, which may serve with some, not onely to expunge his name out of the Catalogue ofu 1.200 Heretickes, but to enroll it in the Register of Orthodox Doctors.

And for the Tridentine Decree, it is the lesse to be regarded, because wee may say, as Bishop Jewel doth ofx 1.201 Leo, The words of the Bishops of that Councell are of no great weight, because they make a Decree in their owne cause.

But Chrysostome and Augustine were Bishops though Hierome was none; and yet they spake of Bi∣shops and Presbyters so equally as hath beene said; and if untruly, indiscreetly also: because both against the truth, and themselves. We may say the same of Bi∣shop Jewel, whose judgement is plaine against the opinion of Divine Right, by his exposition of Saint Augustine fore-alledged. Besides,y 1.202 Panormitan andz 1.203 Pacianus (very famous men in their faculties; the

one for a Canonist, the other for a Civilian, and di∣vers more, to say nothing of thea 1.204 learned men of the Reformed Churches in forraine parts) will not admit of any preheminence of a Bishop above a Presbyter by Divine Right. All which wee alledge not to con∣test with the reverend Prelates in point of Authority, but to shew, that if an acknowledgement of Episcopall preheminence (as of Divine Right) bee required in this Canon (and by that wee have shewed, wee have cause to suppose it) it is too problematicall an opinion for such confidence as should accompany an Oath.

Of Archbishops.

Of Archbishops, though their Authority be grea∣ter, yet as touching the Tenure by Divine Right, our beliefe is lesser: for they that hold Bishops to bee su∣periours to Presbyters by Divine Right (as the Apo∣stles were superiours to the 72. Disciples) doe not for the most part (unlesse they be Papists) allow of Arch∣bishops in that sacred Episcopacy; and even he, who was an Archbishop himselfe, and highly advanced in print the Episcopall degree, hath out of Ignatius ob∣served (and thereby affronted the Papall usurpation) that the twelve were allb 1.205 equall as an Aristocraticall Colledge, no Prince or Monarch ruling over the

rest, as the Romanists pretend and as∣sume in the name of St. Peter; wherein Saintc 1.206 Chrysostome is directly opposite unto them, observing how Saint Peter, in an assembly of the Disciples, doth all by their common consent, nothing by his owne autho∣rity, nothing in a lofty or a Lordly manner. For, that Authority (which they take up as Saint Peters right) his Master and ours thought too much for him, or any one man else; fore-seeing, as the Archbish. of Spalato noted,d 1.207 That a Monarchy in a Church-man would bee apt to breake out into a tyrannie over the Church. And for the tenure of Archiepiscopall authority, wee may beleeve Bishope 1.208 Jewel, where hee saith in answer to Master Harding, that though Primates or Archbishops had authority over the inferiour Bishops, yet they had it but by agreement and custome, neither by Christ, nor by Peter, nor Paul, nor by any right of Gods Word.

Object. If it be objected (as by some it hath been) that though the Apostles had no Archbishops among themselves (who had a priority of Order, and a ma∣jority of Rule above the rest of that fundamentall Function:) yet (in respect of other Bishops constituted by them) they were all Archbishops to those that were under them; It may be answered,

Answ. 1. That the right of Episcopacy hath not been so well cleared by Scripture, that it should bee taken for an undoubted ground, whereon to erect an Archiepiscopall power: for, there is so much diffi∣culty and dispute about that, as makes it to us uncapa∣ble of the assurance of an Oath.

Secondly, our Protestant Divines (when the Pa∣pists

plead for Peters Episcopall, or Archiepiscopall supremacy at Rome, to maintaine the usurpations of the Pope upon all other Churches) answered that (as we conceive, according to the truth) that to bee a Bi∣shop, or Archbishop, and an Apostle, imports a re∣pugnancy: for both Bishops and Archbishops were confined to a certaine compasse for their Authority; but the Apostles were of an unlimited liberty and power, both for planting and governing Churches all over the world: wherein they had every one of them such an equall and universall interest, thatf 1.209 no Apostle had any part of the world to himselfe, wherein the rest had not an Apostolicall and Pastorall right as well as he; which is not, nor can be so in Epi∣scopall, or Archiepiscopall callings.

Object. If the opinion ofg 1.210 Estius be interposed, viz. That Archiepiscopacy was founded, when Timothy was made Bishop of Ephesus, the Metropolis of Asia, wherein he hadh 1.211 many Bishops under his Jurisdiction: that (to say nothing of what is said of the unbishoping of Ti∣mothy and Titus, in a particular booke of that title) being brought in without proofe, will bee as readilyk 1.212 denied by some, as it is easily affirmed by any: and if we should say, that untill Pope Zepherinus (in the third Century) named himselfe anl 1.213 Archbishop, or untill the reigne of Constantine (as a very learnedm 1.214 Writer hath observed) there is no mention of an Archbishop: it will not bee easie (perhaps) for any (by legitimate Testimony) to bring in an instance, to disprove the

observation in the Easterne Church; and for the We∣sterne, it came later thither, as the Sun-setting cometh after the Sun-rising. And Filasacus a Divine of Paris saith,n 1.215 It is not used in these parts, untill the first Ma∣tiscon Councell, scil. anno 587.

Which may bee to us the more probable, because we have had experience (in our owne time of ao 1.216 principall point of now-Archiepiscopall Government, the Pre∣sidentship of a Provinciall Synod) without an Archbishop. So was it in the yeare 1603. when the Bishop of London was Pre∣sident of the Synod then assembled: Archbish.p 1.217 Whit∣gift (against Master Cartwright) endeavoureth to maintaine, That the office of an Archbishop was in use in the Apostles time, and by theirq 1.218 appointment in an Apostolicall Canon; and thatr 1.219 Titus was an Archbi∣shop over Crete; ands 1.220 Dionysius Areopagita (the Scho∣lar of S. Paul) Archbishop of Athens. But his proofes (as some of us upon examination have found them) are too low, and too flat for the height and compasse of the Arch of his Asseveration, especially as applyed to the state and authority of Archbishops in the Church of England, the prelation particularly, oppo∣sed by Master Cartwright, who (conceiving both the authority and title of an Archbishop by Scripture to belong peculiarly to Christ, and not finding the namet 1.221 Archbishop there) taketh up the title Archshepheard, 1 Pet. 5.4. as equivalent to it.

The greatest Antiquity, and best Authority that

wee find for that title, is that whichu 1.222 Archbishop Whitgift citeth out of Master Fox, viz. That in the time of Eleutherius, an. 180. there were in Britaine 28. head Priests, which in the time of Paganisme they called Flamines; and three Archpriests among them, which were called Archiflamines, as Judges over the rest: these 28. Flamines (upon the conversion of the Britains) were turned to 28. Bishops, and the three Archiflamines to three Archbishops: which, if it be true, yet it is far below that which is alledged for the calling of Arch∣bishops; and yet more ancient then honourable, for the conformity to Pagan preheminence.

Nor will it serve to say (as Popex 1.223 Eugenius the fourth said of the name Cardinall) that though it were not ex∣presly mentioned in the beginning of the Christian Church, yet the office was in∣stituted by Saint Peter, and his succes∣sours. For, not to insist upon the name Cardinall, of which the saying of the Pope is an unprobable ficti∣on, superiority among Bishops is to be reduced rather to a secular, then to a sacred Originall. For our Arch∣bishop of Canterbury that now is, saith,y 1.224 It was insinu∣ated, if not ordered, that honours of the Church should follow honours of the State; as appeareth by the Canons of the Councell ofz 1.225 Chalcedon, and Antioch. It was thought fit therefore (though as Sainta 1.226 Cyprian speaks) there bee one Episcopacy, the calling of a Bishop bee one and the same; that yet among Bishops there should be a certaine subor dination and subjection: the Empire there∣fore being cast into severall divisions (which they then

called Diocesses) every Diocesse contained severall Provinces, every Province severall Bishops: the chiefe of a Diocesse in that large sense was called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and sometimes a Patriarch, the chiefe of the Province a Me∣tropolitan, next the Bishops in their severall Diocesses (as we now use the word.) Among these there was ef∣fectuall subjection grounded upon Canon, and positive Law, in their severall Quarters; all the difference there was but Honorary, not Authoritative. So farre he; where, though he name the title Bishop, Patriarch, and Metropolitan, hee doth not mention the title Archbi∣shop.

And though hee grant, thatb 1.227 the Church of Rome hath had, and hath yet a more powerfull principality, then any other Church; yet he saith, shee hath not that power from Christ. The Romane Patriarch by Ecclesi∣asticall constitutions (saith hee) might perhaps have a primacy of order; but for principality of power they were all equall, as the Apostles were before them: and hee might have said so much as well of Bishops, as of Pa∣triarchs; for, except for Ecclesiasticall Constitutions, and positive Lawes, they are not subordinate one to another: neither the authority nor title then of Metro∣politan or Archbishop is taken to bee so ancient, or war∣rantable by the Word of God, as that of the Bishops, in the judgement of such as are the dearest friends to Prelaticall dignity. Yet, as wee deny not, but that an inequality betwixt Bishops and Presbyters is (asc 1.228 Cha∣mier confesseth) most ancient, and very neere the Apo∣stles

times; so wee yeeld it as probable, that Archbi∣shops are very ancient also, and as certaine, that there have been, and are very many, as worthy to be Arch∣bishops, as others to be Bishops: and that there have been of that elevation men of as eminent desert for learning and devotion, both in ancient and later times, as any that have lived in the same Ages with them; but in regard of more doubt of their Authenticke tenure, then of that of Bishops (though that also bee very much doubted of) wee have the lesse heart to sweare to Archiepiscopall preheminence.

Object. If it bee said, thatd 1.229 Archbishops were set up for the keeping out of Schisme among Bishops, as Bishops for that end were set over Presbyters, we doe not gainsay it; but say, that our Doubt is not now of the politicke end, but of the originall right of their exaltation: and withall we may note, that this Argu∣ment, drawne from the prevention of Schisme, may climbe too high, and indeed it hath done so; for, at the next step, it lifteth up Patriarchs above Archbi∣shops; and at the next after that, a Pope above Patri∣archs: and all this upon the same pretence of preven∣ting of Schisme; but the further it hath advanced, the worse it hath succeeded for the welfare of the Church, both in respect of Heresie and Schisme: for Bellarmine saith,e 1.230 All the Patriarchall Churches (ex∣cept the Romane) for a long time have had Bishops which were manifest Heretickes.

If his observation be as true for the most (which for a great part we may beleeve, though we dare not take it upon his bare word) as his exception is false for the Romane Patriarch: for he is the most Hereticall and

Schismaticall Prelate in the world, wee can have no great confidence in the end [the keeping out of Schisme] unlesse the meanes, the raising up of Bishops to that height, be found to bee warranted by the Word of God; yet wee make great difference betwixt the Popes claime of universall and unlimited Supremacy upon this ground, and that of Archbishops and Patri∣archs confined within the reach, and under the checke and restraint of a temporall Potentate.

For the other offices of Government named in the Oath, or involved in the &c. there is none that plead∣eth a Divine Right; and we may say of most of them, asf 1.231 Bishop Downham doth of some of them, As for ordinary Vicars (that is, Vicars which are Ecclesiasticall Judges in ordinary) Chancellours, or Commissaries (scil. of the Laity) the Bishops in these times (i. of Saint Au∣gustine and Ambrose) had none, not so much as the Steward of the Church might bee a Lay-man. They neither did then, nor rightly could they claime a Di∣vine and Apostolicall right for their callings: which wee may the rather say, for the saying of Anacletus, who (about the yeare 103. being Bishop of Rome) hath in one of his Epistles written, That there were but two orders ordained by our Saviour, viz. of Bishops and Priests, nor were any more either orders or degrees, either appointed by God, or taught by the Apostles: whereof though many doubt, in regard of that he affirmeth of the originall of Bishops; yet they will easily assent to his deniall of the rest, and what their right is, either by custome, or humane constitution, we are very doubt∣full: and, while we doubt, we dare not sweare.

4. Partic. Their perpetuity not to be changed.

The 17. DOUBT.

How farre this perpetuity propounded is to be applyed to the Discipline or Government of the Church.* 1.232

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 1.233 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 1.234 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 1.235 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 1.236 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 1.237 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 1.238 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 1.239 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 1.240 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 1.241 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 1.242 That the Government by Bishops is both universall and unalterable: and so wasr 1.243 intended by the Apostles in their ordinance of them; and therefore iss 1.244 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 1.245 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 1.246 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 1.247 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.

5. Partic. That though there should be an alteration, we should never give our consent unto it. The words of the Oath. Nor will I ever give my consent, &c. Of these words we have a double Doubt.

The one DOUBT is,

Why we should sweare against consent, to alter the Go∣vernment of the Church.* 1.248

THE REASON.

BEcause so the Government seemeth to be prefer∣red before the Doctrine: for, for the Doctrine we must sweare onely, that wee will not bring in, or bee the Inventers or Leaders in the promoting of Popish Doctrine; but for the Government, wee must sweare, that we will not consent, though but as followers, for what others bring in: Now, as it is a lesse offence to be a Follower, then a Captaine in whatsoever is evill; so it seemeth to shew a greater care of preservation of the Government of the Church by Archbishops, &c. then of the Doctrine of Religion; by requiring as strict an Oath, not to bee second in the change of the one, as not to be first in corrupting the other.

The other DOUBT is,

Whether, if we should thus sweare,* 1.249 we should not be en∣tangled with contradiction to our Governours, and to our selves.

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 1.250 Papall dis∣pensation,z 1.251 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 1.252 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 1.253 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 1.254 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 1.255 Emperour Charles the Great had, when hee published a Decree to that purpose, according to thee 1.256 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 1.257 Hierome saith, That the Church was governed by the common Councell of the Presbyters: whichg 1.258 Ba∣ronius acknowledgeth, andh 1.259 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 1.260 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 1.261 professeth, That he did nothing, but what was concluded before by their common advice: andl 1.262 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 1.263 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 1.264 Doctor Field confesseth: observing withall, concerning the number of Bishops, and those that were not Bishops in such Ecclesiasticall Assemblies, that in ao 1.265 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 1.266 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 1.267 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 1.268 That a Bishop should not determine any mans cause, but in presence of his Clergie:s 1.269 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 1.270 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 1.271 subordinate to them as well as to the Bishops)x 1.272 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 1.273 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 1.274 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 1.275 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.

THE OATH. —Nor yet ever to subject it to the usurpa∣tions and superstitions of the See of Rome.

The 20. DOUBT is,

Why in this part of the Oath mention is made rather of the See of Rome,* 1.276 then of the Church of Rome.

THE REASON.

BEcause, though an ordinary Reader observe no materiall difference betwixt them, yet wee are taught by a* 1.277 judicious Lawyer, that there is as much difference betwixt the See of Rome, and the Church of Rome, as betwixt treason and trespasse: and he proveth his position by the 23. of Elis. cap. 1. where it is said, That to be reconciled to the See of Rome is treason; but to be reconciled to the Church of Rome is not treason: For then (saith he) every Papist of the Church of Rome should be a Traitour (being a member of that Church, and therefore reconciled to it.) Now the See of Rome (saith he) is nothing else but the Papacy, or Supremacy of the Pope, whereby, by vertue of the Canon [unam San∣ctam] made by Pope Boniface the eighth, he challengeth a superiority of Jurisdiction and coercion over all Kings and Princes upon earth; and those persons which take Juramentum fidei contained in the Councell of Trent, (which acknowledgeth this Supremacy) are said to be re∣conciled to the See of Rome.

But the Church of Rome is nothing else but a number of men within the Popes Dominions, or elsewhere, pro∣fessing the Religion of Popery. So the meaning of the Oath in this clause of it, as hee conceiveth, may bee this, You must not subject the Church of England to the See of Rome; but you may subject it to the Church of Rome.

That there might be some such subtle meaning in the choice of that phrase, I have some reason (saith he) to imagine, since I find in their late Bookes, that they say the Church of Rome is a true Church, and salvation to be had in it.

Because this Doubt hath Law for its ground (the knowledge whereof properly belongeth to another profession) we would not take upon us to deliver it in our own names, but in the name of that learned Law∣yer, to whom we are beholding for the distinction of those termes; and if they should not bee rightly ap∣plyed to the words of the Canon, or to the meaning of those that made it (wherein hee ingageth himselfe no further, then probable conjecture; and so farre reacheth the reason hee alledgeth for it) yet that may be unto us a further occasion of doubt; and the more we doubt, the lesse warrant we have for the taking of the Oath.

THE OATH. And all these things I doe plainly and sin∣cerely acknowledge, and sweare, according to the plaine and common sense of these words, without any equivocation, or mentall evasion, or secret reservation whatsoever.

The 21. DOUBT.

How wee can sweare to a plaine and common sense and understanding of the Oath.* 1.278

THE REASON.

BEcause we doe not find the words plain, but very ambiguous, as is already evident by the prece∣dent Doubts: nor do we know, what sense or under∣standing of them we can call common; since the Oath is new, and is in many particulars so variously expoun∣ded, that yet it is not apparent to us, what constructi∣on beareth away the plurality of voices. The Oath then must be well expounded before it can bee taken, else equivocation will hardly be avoided.

THE OATH. And this I doe heartily, willingly, and tru∣ly, &c.

The 22. DOUBT.

What willingnesse is required in the taking of this Oath.* 1.279

THE REASON.

BEcause the words [heartily, and willingly] in con∣formity to the forme of subscription, set downe in the 36. Canon, import a plenary consent, without any grudging or reluctancy of the heart, or will: as, when a man hath a mind to take it, with a freedome to refuse it; according to the saying of Seneca,b 1.280 If you would know whether I be willing or no, leave mee at li∣berty to be unwilling: but wee conceive it cannot be so in this case, at least with many of the Ministry, who would by no meanes take it, but for feare of the pe∣nalty annexed to the not taking of it: and so their wil∣lingnesse is no more then such as this, I am willing to take the Oath, because I am unwilling to be deprived of my Ministry and Meanes; and so to bee undone for refu∣sall of it: As a man casts his goods into the Sea in a Tempest, lest himselfe and they should perish toge∣ther.

And then, whether should we not rather be absol∣ved from such ac 1.281 timerous Oath, according to the Ca∣non Law (if wee had taken it) then pressed to take it, when having no heart or good will unto it, we cannot

say we sweare heartily and willingly in any other sense then hath been said, without hypocrisie: and conse∣quently, not without perjury also.

Thus much of the first part proposed, which con∣cerneth the Oath it selfe; the second part is of the Interpretation of the Oath.

2. Part. Of the Interpretation of the Oath.* 1.282

The 23. DOUBT.

How the Doubts of the Oath may be resolved and cleared.* 1.283

THE REASON.

BEcause in this case it will not satisfie to say, as the Casuists on both sides (wee meane Protestant and Popish) resolve, That the words of an Oath must be ta∣ken (as this Oath conformable to the Oath ofe 1.284 Allegiance hath it)f 1.285 accor∣ding to the plain and common sense, and understanding; for what that is, is not yet discovered: And wee beleeve the Divines of Aberdene said well,g 1.286 That the words of an Oath should be cleare and plaine; and if they be any way am∣biguous, the true sense of them should bee so declared and manifested, that all may know it.

As to satisfie the Doubt, which many made con∣cerning

the signe of the Crosse in Baptisme: Or (ash 1.287 Bishop Morton more warily writeth) the Crosse after Baptisme was a particulari 1.288 Canon set forth for de∣claration thereof, and for removall of all such scruples as might any way trouble the consciences of them, who are indeed rightly religious.

k 1.289Some thinke it sufficient, according to the dictate of charity, to take the words of the Oath in the most favourable sense, which is expounded by some, as ha∣ving reference to those who impose it, of whose in∣tention we are bound to make the fairest, and most fa∣vourable construction.

Some take the favour to themselves, and make such a sense of them, as may most conduce to their owne Interests, whether for advantage, or for avoi∣dance of damage or danger: and so cometh in the Collusion of the Jesuits by equivocation, or mentall reservation, to save themselves from being discovered in their dangerous designes.

This is somewhat like that, which some say of Manna, that it was that to every mans taste, wherewith it was most delighted. So that shall be the meaning of the Oath, which best pleaseth any that is to take it.

Azorius, a famous Casuist of the Ignatian order, determineth,l 1.290 That in a Judiciall Court an Oath must be taken according to the common sense of the words:m 1.291 but in the Court of conscience all men hold (saith hee) that it must bee understood according to the mind of him that sweareth: as if Justice and Conscience held con∣trary Tribunalls in the soule, as Justice and Equity in

the state; and the same Oath might be right in the one, and wrong in the other.

An absurdity like that, which our dread Soveraign derideth in his large Declaration, viz.n 1.292 That the same confession of faith, consisting of the same words and syl∣lables sworne without Authority, if it shall be comman∣ded by Authority, becommeth a new and different confes∣sion of the faith.

There is a third opinion (concerning the sense of an Oath) to augment the doubt, though so much lesse doubtfull, as it bringeth with it the better Authority; and the Authority for it is no lesse then Royall, the sentence of a great and gracious King (and, which is more to us, our King) who resolveth,o 1.293 That an Oath must be either taken, or refused, according to the knowne intention of him that doth minister it,p 1.294 especially, if it be a new Oath.

To the same sense, though in different words, say theq 1.295 Aberdene Divines: An Oath is to be given ac∣cording to the mind and judgement of him that requireth it: which words [ministreth and requireth] make up the meaning to bee, That hee that ministreth an Oath (who may bee some subordinate Officer) must give it in that sense, which he that requireth (that is, hee from whose Authority and Power it proceedeth) doth in∣tend.

That construction wee are taught to make, by the explanation of the Oath in Scotland, published by the right Honourable the L Marquesse Hamiltoun his Majesties high Commissioner there, in these words:r 1.296 Oaths must be taken, according to the mind, intention, and commandement of that Authority which exacteth

the Oath: For (as wee conceive) it rests not in the power of an inferiour (whether hee bee the taker or minister of the Oath) to put his private conceipt for the sense (which is the soule) of a publicke constituti∣on: and if hee doe so, wee cannot but doubt of it (though it seeme never so plausible) unlesse it bee al∣lowed by the Authority, which chargeth the Oath upon the conscience: For,

First, ass 1.297 Bishop Hall well saith, The Church (which makes the Canon, and by the Canon decrees the Oath) as it is a collective body, so it hath a tongue of her owne, speaking by the common voice of her Synods, Con∣fessions, Articles, Constitutions, Catechismes, Liturgies: a tongue not onely to speake the text of her determi∣nation; but to make a Comment (if need be) to cleare it: and, if any single person shall take upon him to bee the mouth of the Church, his insolency is justly censure∣able: So he.

Secondly, Oaths are imposed for matter of caution and security to those that impose them, that they may relye upon them without doubt or distrust: and how can that be, when we take them in another sense then they that require them doe meane, or will admit of. The old rule (which is a maxime) saith,t 1.298 He offends a∣gainst the law, who cleaving to the words of the law, lea∣veth the will of the law, that is, of the Law-maker: For, the law it selfe is a dead letter, and hath no will at all.

There are some of our Brethren, who (in good will to themselves and us) have undertaken to expound the Oath so as that they and we, without scruple, may take it: and we take kindly their good intention, and, in good will to them againe, request them to consider,

That a private interpretation of a publicke act can give no satisfaction, unlesse it be either expresly, or vertually allowed by the highest Authority that doth impose it; and then it is made publicke: but why they should expect such an approbation of their private opinions, we cannot imagine; and if that would serve the turne, we could find in our hearts (and it may bee in our heads too) to make as mollifying a glosse on the Oath, as they have done: and such a one, as might be more satisfactory to our consciences, then theirs can be.

But the Authority of interpretation of any doubt (in such a publicke act) belongeth properly not to private, but to publicke persons, especially, if they bee Authorized by the Synod for such a pur∣pose: as in the late Synod wee see,u 1.299 where the Doubts concerning the benevolence of the Clergy granted to his Majesty, are ordered, to bee deter∣mined by the Archbishop of Yorke, the Bishop of Durham, the Bishop of Chester, and the Bishop of Carlile, or by two of them at the least, whereof the Archbishop is to bee one: and in other Doubts (whereof there is no certaine rule of Resolution set) it is probable, the decision should bee given by the sentence of the same, or such like Judges.

For private men, though learned, if they take upon them the Interpretation of publicke Dictats, may be more like to light on mutuall contradictions of each other, then on the true and proper construction of the

Text they interpret. So didx 1.300 Vega and Soto,y 1.301 Soto and Catherinus, who wrote against each other contrary Comments upon the Councell of Trent. In which respect it was a wise advice given to the Pope by thez 1.302 Bishop of Bestice, viz. To appoint a Congregation for the expounding of the Councell; and well followed by him, when he forbade all sorts of persons, Clerkes, or La∣icks (being private men) to make any Commentaries, Glosses, Annotations, or any Interpretation whatsoever upon the Decrees of that Councell.

Doctor Burges indeed made an Interpretation of his owne subscription; but there had been no validity in it (as we conceive) unlesse it had been allowed by the superiour powers; and so it was: for (as hee saith)a 1.303 It was accepted by King James, and the Archbishop of Canterbury affirmed it to bee the true sense and meaning of the Church of England.

And if wee should take the Oath, and a Notary publicke record it, unlesse our exposition of it were publickly and lawfully (for favourably is not sufficient) both allowed and recorded also, wee may haply bee charged with the crime of perjury: and unable fairly and effectually to free our selves from that charge, un∣lesse by Authority wee were permitted to conclude our Oath with the ancient clause of limitation, viz.b 1.304 so farre as agreeth with the sacred Scripture, with the Civill and Ecclesiasticall Lawes of this Kingdome, and as farre as our abilities will afford.

The third Part. Of the Persons that must take the Oath.* 1.305

THey are Archbishops and Bishops, and all other Priests and Deacons in places exempt, or not ex∣empt: So in the Prefatory Speech before the Oath, and in the direction that followeth it, it is imposed on all that are Beneficed, or dignified in the Church, all Masters of Arts (the sons of Noblemen onely excepted) all Batchlours, and Doctors in Divinity, Law, or Phy∣sicke, on all that are licensed to practise physicke, on all Registers, Actuaries, and Proctors, all Schoolemasters, all such as being Natives, or naturalized, come to be in∣corporated into the Universities here, having taken de∣gree in any forraine University, on all that take holy Or∣ders at the time of their Ordination, and all that receive collation, institution, or licence to preach or serve any cure; that is, briefly, on all who by Ecclesiasticall or A∣cademicall subordination to the Synod, or to the chiefe persons assembled, are most subject to imposition, and pe∣nalty, which answereth the Doubt of some, demanding why Judges are not to bee sworne as well as the Bi∣shops, and why not Students of the Innes of Court as well as Students of the University. The reason may be, because they are not in such a degree of subordi∣nation to Bishops, or others, who are members of the Convocation or Synod, as those who are particularly rehearsed in the Canon.

The 24. DOUBT.

Why the sonnes of Noblemen are excepted,* 1.306 and privi∣ledged from taking this Oath, when they take the de∣gree of Masters of Arts.

THE REASON.

BEfore we render it, we professe that we take this Doubt to be of a different kind from those which hitherto wee have proposed, since it is without the compasse both of the words and explication of the Oath, from whence all our scruples of conscience hi∣therto have been derived.

Yet because we have heard this Quaere put forth by many, and not well answered by any, we crave leave to propose it, and to deliver some probable conje∣ctures upon it; leaving the certain Resolution to those who are better acquainted with the true causes thereof.

Object. That exception of the sonnes of Noblemen hath been excepted against by some for this reason:

Reas. Because their example in swearing to the Doctrine and Discipline of the Church, would bee of great moment to the maintenance of both: and there∣fore they thinke it more meet, that they should begin this sacred attestation (whom others would bee most ready and forward to follow) then that they should have a particular exception to free them from it.

Object. If it be said, When others take Oath, they take none, but make their protestations and promises in verbo honoris:

Answ. That is true, but neither is so much required

of them in this case; or, if it were, two particulars would be returned by way of reply: The one,

That Archbishops and Bishops are to take the Oath, whoa 1.307 take place of their right Honourable Fa∣thers, both Earles and Lords; and so it can be no dis∣honour to their sonnes, to doe as such reverend, and so much honoured Prelates have done, especially, since Bishops have beeneb 1.308 matched with Kings in the preroga∣tive of irrefragable regard and beliefe of their words without an Oath: The other,

That as the sonnes of Noblemen were to be belee∣ved, when they testified any thing in verboc 1.309 honoris; so were the Clergy to be beleeved, when they did the like in verbo Sacerdotis. And by Justinians Code (if we may take it upon the word of a Popish Priest; for we have not met with it in the originall)d 1.310 The word of a Priest was rated to the Testimonies of twelve of the Laity. But the priviledge of the Nobility yet remaineth, and that of the Clergy now is lost: which may give us just occasion to examine, whether they have not beene more true to their honour, then most of us to the sin∣cerity of our sacred Profession; and if they have, they may bee priviledged from the taking of this Oath, though we be not.

It is probable also, that they were exempted upon especiall respects, both of ingenuity and prudence: of ingenuity, by those Clergy men, who were bound to all honourable observance of such noble Families, as had been meanes to preferre them; and of prudence, in preventing a repulse to their purpose: for it was not like that the Nobility would suffer their sonnes to bee

entangled with such an Oath, as is prejudiciall to the conscience: and (as many Lawyers alledge) to the obedience due to his most excellent Majesty, and his Royall Successours.

That which we reade in the Conference at Ham∣pton Court, gives us just occasion so to conceive; which is, That when there was speech of thee 1.311 Oath ex officio, one of the Lords compared it to the course of the Spanish Inquisition; and if the Nobility had distasted it, and renounced it, it would have given the greater en∣cour agement to others to stand out against it.

Howsoever, Gods providence hath most wisely or∣dered their exemption from swearing; for, since the Nobility are not required to take this Oath, their de∣sire and endeavour to have the aggrievance of it remo∣ved from others (as their petition to his Majesty be∣fore the Parliament sheweth) doth evidence their no∣ble, religious, and charitable minds towards all such, as by their mediation may bee secured from suffering in their consciences by taking, or in their liberties and estates for refusall thereof.

For which pious compassion many thousands, espe∣cially we of the Tribe of Levi, are deeply obliged to praise God for their Honours, and to pray to him for his vigilant providence and potent protection, both over them and their honourable Progeny.

The fourth or last part is, Of the penalty of the Oath.

The words of the Canon.

IF any man Beneficed, or dignified in the Church of England, or any other Ecclesiasticall person, shall re∣fuse to take the Oath, the Bishop shall give him a moneths time to informe himselfe: and at the moneths end, if he refuse to take it, he shall be suspended ab offi∣cio, and have a second moneth granted; and if then hee refuse to take it, hee shall be suspended ab officio & be∣neficio, and have a third moneth granted him for his better information: but if (at the end of that moneth) he refuse to take the Oath above named, hee shall by the Bishop bee deprived of all his Ecclesiasticall promotions whatsoever, and execution of his Function, which hee holds in the Church of England.

Of this, our 25. DOUBT is,

Concerning the difference betwixt the command and commination of the Canon.* 1.312

THE REASON.

BEcause, where a law is rightly grounded, and a penalty for breach of it imposed, there the offen∣ders are legally censured, with an equall and imparti∣all justice; but here it seemeth to us to be much other∣wise: for, of all those persons of severall callings, pro∣fessions, or degrees, before rehearsed, and required to

take the Oath, onely Clergy men are upon their refu∣sall of it to be punished: and that, though gradually, yet with as much severity as any Ecclesiasticall Au∣thority can inflict: for, they within three moneths are to be put out both of their ministry and means; while all others (though they refuse the Oath as well as they) are by the Canon not to bee the worse for their refu∣sall.

It may bee, the Bishops may prohibit some to pra∣ctise Physicke, others to teach Schoole, that will not sweare; and they that will not take the Oath, perhaps shall take no orders at their hands: and for Registers, Actuaries, and Proctors of their Courts, if they refuse it, it may be they will refuse them, and put them out of their offices; but the Canon concludeth nothing a∣gainst any one, but Ecclesiasticks, especially Beneficed Preachers; which, whether it may more incline such to love, or feare those who lay these heavie penalties upon them, there is none so simple, but may soone perceive; nor is any so wise, as in this to see either the compassion of the reverend Prelates, as their fathers; or the charity of inferiour Clerks, as their brethren: for, by this Canon they are necessarily cast upon one part of this dangerous Dilemma:

If they take the Oath (besides the scruples of con∣science before observed) their taking of it (as we have touched before) must bee recorded by a Notary pub∣licke; and then, if they doe any thing, which they that are their Judges will call a breach of the Oath they have taken, they may bee called in question for the crime of perjury.

About the yeare 1164.f 1.313 Thomas Archbishop of Canterbury, was at a Councell (held at Northampton) accu∣sed and condemned of perjury; because hee had sworne to the English customes, and had not observed them. And it is an easie matter (out of an Oath of such copious con∣tents, as this of the sixth Canon) to frame an accu∣sation against him that hath taken it; especially, if what lieth in ambush under the &c. bee brought into the charge: hereof our feare may bee the more; be∣cause some of us have observed, how forward some of our superiours have beene to lay an imputation of perjury upon the inferiour Clergy; because (ha∣ving taken the Oath of Canonicall obedience) they have not been so ready (as they would have them) to performe what they imposed by uncanonicall Com∣mands.

On the contrary, if they take not the Oath, and thereupon the penalty of the Canon bee laid upon them, they must take leave of their Pastorall charges; and no more be allowed to feed their Flockes, nor to be clothed with their fleece: which is like (in respect of many Parishes) to be a great calamity both to the Pastors and People.

Thus much for our Doubts: which if any thinke too much, it may be he thinkes too little of the peace of conscience, the price of our Ministry in danger to bee lost, and the pressure and misery, which by ma∣ny may bee felt by occasion of that Oath: which,

though wee dare not take, yet wee dare sweare, and can doe it heartily, willingly, and truly, that (as yet wee conceive of the Oath) wee cannot with sound faith, and safe conscience yeeld un∣to it.

And if most of these Doubts, before proposed, should bee found to bee frivolous (which wee doe not conceive of any one of them) and but one of them containe a just ground of ambiguitie, (which some that have taken the Oath, and some that have written for the Oath, have since confes∣sed: and not onely by speech, but by their hand∣writing have acknowledged) that one is enough, while wee are in suspense concerning the meaning of the Oath, to suspend our assent from the ta∣king thereof: For, the comparison (brought in by the prudent Composer of the History of the Coun∣cell of Trent) wee take to bee true, and of much importance to this purpose, which is,g 1.314 As one parti∣cular maketh false the contradictory universall; so one ambiguous particular, makes the universall to bee am∣biguous.

If any man, but of a private condition (like unto our selves) have a mind to make answer to our Doubts or Reasons, wee wish him to consider at what hee aimeth in that undertaking: If to engra∣tiate himselfe into the favour of those who ap∣prove of the Oath; wee desire not to cast in any prejudice to his expectation: If to satisfie us, wee feare his endeavours are like to bee fruitlesse; since hee cannot advance his discourse above pro∣bability,

and for that wee may returne upon him with like topicall Arguments: and so the consi∣stence of the cause (at the best) will be but a pro∣bleme; which will administer but weake en∣couragement for a sincere, willing, and hearty taking of an Oath.

Notes

• a 1.1

  The gene∣rall demands of the Mini∣sters and Pro∣fessors of A∣berdene, p. 37.
• * 1.2

  Conference at Hampton Court, p. 57.
• b 1.3

  The Preface to the book of Common Praier, pag 2. printed 1625.
• * 1.4

  1. Generall Doubt.
• d 1.5

  Videre non potuit, si Pontifex jura∣mentum dissolverit, omnes illius nexus, sive de fidelitate Regi praestanda, sive de dispensatione non admittenda diffolu∣tos fore.—Imò juramentum injustum neminem obligat, sed ipso facto nullum est. Lysim. Nican. pag. 54. ex Pascenio.
• e 1.6

  Can. 36. & 37.
• f 1.7

  Can. 38. see also Can. 8.
• g 1.8

  Archb. Laud in his relation of his confe∣rence with Fisher, p. 326.
• h 1.9

  Queen Eli∣sabeth began her reigne Novemb. 17. an. 1558. and these were published ann. 1561.
• i 1.10

  Generall Demands of the Ministers and Professors of Aberdene, pag. 29.
• k 1.11

  Pope Urbane the second, ac∣counted my worthy Prede∣cessour Saint Anselme, as his owne Com∣peere; and said he was the Apostle and Patriarch of the other world. So Archbish. Laud in his re∣lation of his conference with Fisher, p. 171.
• l 1.12

  Ibid. ex Guid. Pancirol.
• m 1.13

  Mar. 11.25 Luk. 18.11.
• n 1.14

  Consona & conveniens per omnes Ec∣clesias custodi∣enda constitu∣tio est, ut stan∣tes ad oratio∣nem vota Do∣mino redda∣mus. Concil. Nicen. 1. Can. 20.
• o 1.15

  From before Tertullians time, untill Anselme Arch∣bish. of Cant.
• * 1.16

  2. Generall Doubt.
• * 1.17

  3. Generall Doubt.
• p 1.18

  The Kings Declaration prefixed before the Canons. pag. 8.
• q 1.19

  Ibid. pag 10.
• r 1.20

  Arcam fuisse Ecclesiae ima∣ginem certum est, teste Petro. 1 Pet. 3. Calv. in Genes. 6.
• * 1.21

  Doubts in particular.
• * 1.22

  1. Of the parts of the Oath.
• * 1.23

  1. Particular Doubt.
• s 1.24

  The points of Discipline, Government, and Policie of the Church, &c. The Kings large Declara∣tion, p. 330.
• t 1.25

  M^r. Travers or Udals Ec∣cles. Disci∣pline.
• u 1.26

  D^r. Bridges his defence of the governmēt of the Church.
• x 1.27

  M^r. Hookers Eccles. Policie.
• y 1.28

  The dispute against En∣glish Popish Ceremonies, c. 8. sect. 8. as it is cited in the Scottish Du∣plies. p. 93.
• z 1.29

  Archbishop Whitgifts Reply to T.C. pag. 372. So also in the History of the Councell of Trent, l. 2. p. 135. And Bishop Hall of Episcopacy, part. 3. p. 4.
• a 1.30

  —of which Discipline the maine and principall parts were these; a standing Ec∣clesiasticall Court to be established, perpetu∣all Judges in that Court to be their Mini∣sters: others of the people, twice so many in number as they, annually chosen to be Judges with them in the same Court. Master Hooker, Praefat. of Eccles. Polit. pag. 5. Master Cartwr. Archbish Whitgist. Rep. p. 2.
• b 1.31

  Master Mountag. Appello Caesarem, p. 108.
• c 1.32

  Dominus Episcopus Landavensis—de Disciplina paucis monet, nunquam in Eccle∣sia obtinuisse Ministrorum paritatem non tempore Christi ipsius, &c. sic Synod. Dord. sessione 145. April. 30. Antemerid.
• d 1.33

  Patres non volentes, sed nescientes, non per Apostasiam aut contemptum, sed per infirmitatem & ignorantiam lapsi sunt, qui in Disciplina aberrarunt. Parker de Polit Ec∣cles. lib. 2. cap. 8. where by Discipline must be understood the Government by Bishops.
• e 1.34

  Scimus inviolatè permansisse Ecclesiae Disciplinam, ut nullus fratrum prioribus suis se auderet anteponere. Concil. Milevitan. Can. 13.
• * 1.35

  2. Particular Doubt.
• f 1.36

  See Doctor Downham in the defence of his Sermon. lib. 2. c. I. p. 4. Master Jacob in his book of the necessity of Reform. the Minist. and Cerem. As∣sert. 1. pag. 6. with others.
• g 1.37

  Episcopi sunt Ecclesia representativa, ut nostri lo∣quuntur. Bel∣lar. l. 3. de Ec∣cles. c. 14. Archbishop Laud seemes to take the word Church for the Bishops, in the Epistle Dedi∣catory before his Starre-chamber Speech, where he makes request in the Churches name, that it may bee resolved by the reverend Judges, that keeping of Courts, and issuing of processe in the Bishops names—are not against the lawes of the Realme. fol. penult. p. 1.
• * 1.38

  3. Particular Doubt.
• h 1.39

  Ubi nulli praeesse solent Episcopi, de∣esse debent Presbyteri; hos si domas quam miserenda, quaeso, & horrenda sunt quae necessariò subsequentur: nam ubi nulli sunt Presbyteri, nulla erunt & Sa∣cramenta, nisi fortè Matrimonium, & Baptismus. Franc. à Sancta Clara Apolog. Episcop. pag. 151.
• i 1.40

  Episcoporum necessitatem inficiari ni∣hil aliud est quàm Dominicae pas••ionis irritationem subintroducere, nostrumque redemptionis piaculum evacuare, Ibid. pag. 152.
• k 1.41

  Hoc asserere nihil aliud esset, quàm omnes nostras Ecclesias addicere Tarta∣ro. Pet. du Moulin. cpist. 2. Episc. Wintonien. pag. 173. opusc.
• l 1.42

  Caecus sit, qui non videat stantes sine ea Ecclesias; ferreus sit, qui salutem iis neget. Episc. Winton. Resp. ad epist. 2. Pet. du Moulin. pag. 176. opusc.
• m 1.43

  Puritanorum nomine—Ecclesias a∣pud exteros reformatas, earumveregimen non designari—mihi est decretissimum rebus alienis me non immiscere, sed illas reformatae Religionis libertati permit∣tere, sic ad fin. Praefat. monitor. in 8^o. printed Lond. 1609.
• n 1.44

  Haec non ad harum Ecclesiarum of∣fensionem, sed ad nostrae Anglicanae de∣fensionem. The joynt attestation, that the Discipline of the Church of England was not impeached at the Synod at Dort. pag. 17.
• o 1.45

  So Bishop Hall in his A∣pology against the Brownists. sect. 19. p. 588.
• p 1.46

  Bishop Hall his prop of Church go∣vernment, added to his Irrefrag. prop. pag. 6.
• q 1.47

  Ubi non est inventus quis dignus E∣piscopatu, permansit locus sine Episcopo, verùm sine Diacono impossibile est esse Episcopum. Epiphan. haeres. 75. l. 3. tom. 1. pag. 215.
• r 1.48

  Placuit ut Dioceses quae nunquam E∣piscopos acceperunt, non habeant; & quae aliquando habuerunt, habeant. Concil. Carth. 2. Can. 5.
• s 1.49

  Archb. Laud in his relat. of his conference with Fisher, pag. 176. marg.
• t 1.50

  Ubi non est sacerdos, non est Ecclesia. Hieron. advers. Lucifer.
• u 1.51

  See Doubt 16 pag. 80. and in the conference at Hampton Court, pag. 34. are these words, Hierome no friend to Bishops, by reason of a quarrell be∣twixt the Bi∣shop of Hieru∣salem and him.
• x 1.52

  Hilarius cum Diaconus de Ecclesia re∣cesserit—cum homo mortuus sit, cum homine pariter interiit & secta: quia post se nullum cleri∣cum potuit ordinare. Hieron. advers. Luciferian. Dialog. tom. 2. fol. 49. col. 2.
• y 1.53

  Ecclesia au∣tem non est, quae non habet Sacerdotem. Ibid.
• z 1.54

  Episcopum in sua provin∣cia posse com∣mittere sim∣plici sacerdoti, quod conferat sacramentum Confirmatio∣nis. Martin. Ledesma prima 4^ti. qu. 13. a. 11.
• * 1.55

  Episcopos posse delegare potestatem sacerdoti ordinandi sacerdotes, aequè ac Pa∣pam. Novariens. tract. 1. part. 2.13. apud Fran. à Sancta Clara Apolog. Episcop. pag. 249.
• a 1.56

  Quid pro∣desset discipli∣nam habere in conversatione, scientiam in praedicatione, nisi ad sit boni∣tas in inten∣tione. Sermo ad pastores in Synodo con∣gregatis. Inter opera Bernardi. col. 1730.
• b 1.57

  Distinguish betwixt the substance of their callings, and the not necessary appendences. Bishop Hall in the Corol∣lary of his seven Irrefragable propos. pag. 7.
• c 1.58

  Artic. 34.
• d 1.59

  In the Pre∣face of the Communion book concern∣ing Cerem. why some are retained, and some aboli∣shed, printed 1625.
• e 1.60

  Artic. 21.
• f 1.61

  D^r. Meyer his explanat. of the Catechism. q. 181. p. 494.
• g 1.62

  D^r. Reynold in his confer. with Hart. pag. 523.
• h 1.63

  In Cate∣chismo duo Sacramenta necessaria ad salutem. Quid, suntne alia Sacramenta, quae non sunt genera∣lia, & omnibus communia, ut Ordinatio; alia generalia, sed non necessaria, ut Confir∣matio? Didoclau. Altare Damascen. p. 357. The other five (though commonly called Sa∣craments) are not to be accounted Sacraments of the Gospel, being such as have growne partly of the corrupt imitation of the Apost. Confer. at Hampt. Court. p. 31.
• i 1.64

  Adversarii nullam per Presbyteros or∣dinationem esse validam, nisi in casu ne∣cessitatis: i quando desunt omnino E∣piscopi, aut deficiunt à fide. Ibid. p. 220.
• k 1.65

  D^r. Field of the Church. lib. 5. c. 56. pag. 704.
• l 1.66

  Sacerdotibus Pontificiis or∣dinatis regnāte Mariâ, sive Ro∣mae, sive Rhe∣mis, non opus erat novâ or∣dinatione; sed Mariani Sacerdotes retenti in hunc usque diem, Terellus, Tytherus, &c. Contra, qui e∣rant legitimi in Ecclesiis Transmarinis Ministri, non sunt capaces Beneficiorum, donec priùs creati fuerint Diaconi Presbyteri, per Praelatos, ut oftendit exemplis Whitingami, Traversi, &c. Didoclau. Altare Damascen. pag. 220.
• m 1.67

  Ordinatio Ministrorum in Ecclesiis Reformatis est legitima. This was pub∣lickly held in Doctor Hollands time, who in the Act, July 9. an. 1608. concluded, Quod Episcopatus non est ordo distin∣ctus à Presbyteratu, coque superior jure divino.
• n 1.68

  Doct. Willet Synop. Papism. 5. Gen. controv. append. ad. 3. quaest. p. 274.
• o 1.69

  Tot essent Schismatà, quot Sacerdo∣tes. Hieron. ad∣vers. Luciserian.
• p 1.70

  The Kings large. Declarat. pag. 351.
• q 1.71

  M^r. Hookers prefat. pag. 4.
• r 1.72

  M^r. Cartwrig. see Archbish. Whitgif. Reply, pag. 44.
• * 1.73

  Non Bibulo quidquam nu∣per, sed Caesa∣re factum est: Nam Bibulo fieri Consule nil memini. Sueton. in Jul. Caes. nu. 20. p. 16
• * 1.74

  4. Patricular Doubt.
• s 1.75

  Master Chil. his answer to Charity main∣tained, c. 2. pag. 82.
• t 1.76

  The Kings large Declara∣tion. pag. 319.
• u 1.77

  Peltius in Harmon. Re∣monstrantium & Socinianorum, Excus. Lugd. Bat. 1633. Archb. Laud calleth the Socinian Heresie an horrid and mighty monster of Heresies, in his relat. of his confer. with Fisher. p. 310.
• x 1.78

  The Kings large Declara∣tion. pag. 320.
• y 1.79

  Canon 4.
• z 1.80

  Non nego me hujus interpretationis auctorem neminem habere, sed hanc eò magis probo, quàm illam alteram Augu∣stini caeterarum alioqui probabilissimam, quòd haec cum Calvinistarum sensu ma∣gis pugnet. Maldonat. in Jo. cap. 6. ver. 62. tom. 2. col. 652, 653.
• * 1.81

  The Homi∣ly of the perill of Idolatry.
• a 1.82

  So in the Book called, Mercy & Truth, or Charity maintained. See Master Chillin. Preface in answer to it. pag. 12.
• b 1.83

  Ibid.
• c 1.84

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or the vocall Forrest, at the beginning whereof the Authour hath these Verses:

  Sometimes the Father differs from the Son, As doth the Gospel from the Alcaron; Or Loyola from Calvin, which two brands In strange combustions burle faire Eu∣ropes lands.

  But Bishop Andrewes saith hee was, Illu∣stris vir, & nunquam sine summi honoris praefatione nominandus. Bi. Andr. Theol. determinat. de usura. p. 115.
• d 1.85

  Master Chil. loco citat.
• e 1.86

  Doct. Mor∣ton in his Ca∣tholick ap∣peale. Bishop Hall his Treatise, cal∣led, The peace of Rome.
• f 1.87

  Brerely his Protest. Apo∣logy.
• g 1.88

  Archb. Whit∣gifts reply to T. C. p. 299. 559
• h 1.89

  Bishop Hall of Episcopacy. part. 3. pag. 34.
• i 1.90

  Bish. Down∣hams Defence of his Serm. ••. 1. c. 8. p. 139.
• k 1.91

  In the Kings large Declara∣tion. pag. 351.
• * 1.92

  5. Particular Doubt.
• l 1.93

  Mast. Rogers on the 35. Ar∣ticle of Relig. pag. 193.
• m 1.94

  By the Archbishop of Cant. in his answer to A. C. p. 47, 48.
• n 1.95

  Charity maintained, see Master Chil. Preface in an∣swer to it. p. 12.
• o 1.96

  Malè vos parietum amor cepit, malè Ecclesiam Dei in tectis, aedificiisque ve∣neramini—Anne ambiguum est in his Antichristum esse sessurum. Hilarius contra Auxent. pag. 216. & 217.
• p 1.97

  Fran. à San. Clara his book called Deus, natura & gra∣tia, printed Lugdun. 1634.
• q 1.98

  See Master Chil. his Pre∣face in answer to the Author of Charity maintained. pag. 12.
• r 1.99

  Plutarch in the life of A∣lexander. p. 110
• * 1.100

  6. Particular Doubt.
• * 1.101

  7. Particular Doubt.
• a 1.102

  Azor. Inflit. tom. 2. l. 3. c. 17. pag. 360.
• b 1.103

  Decanus di∣citur, qui de∣cem militibus praeest, Lindw. constit. lib. 2. fol. 58. p. 1. col. 1
• c 1.104

  Aug. de mo∣rib. Eccles. c. 31.
• d 1.105

  Duaren. de minist. l. 1. c. 8.
• e 1.106

  In processe of time Archipresbyters were called Decani. Bish. Downh. li. 1. pag. 188. of the defence of his serm.
• f 1.107

  Concil. Turon. 2. Can. 6. an. 566. & Con∣cil. Antinodor. Can. 40. an. 615.
• g 1.108

  Presbyterorum dicitur, ut Archidia∣conus, & Archisubdiaconus, Diacono∣rum & Subdiaconorum primi, & princi∣pes. Onuphr. interpret. vocum eccles. addit. vitis Pontif. Rom. pag. 61.
• h 1.109

  So by the name of Archipresbyter is hee called, and put before the Archdea∣con. Concil. Carthag. 4. can. 17.
• i 1.110

  Archidiaconus sit proximus post Epi∣scopum, & ejus Vicarium, salvo tamen jure Decani, quod ad Cathedralem Ec∣clesiam spectat. Reform. leg. Ecclesiastic. de Ecclesia & Minist. c. 6. fol. 48. b.
• k 1.111

  The Government and Discipline of our Church by Archbishops, Bishops, Archdeacons, Rurall Deanes, &c. esta∣blished. Reformat. leg. Eccles. Tit. de Eccles. Bish. Downh. in his answer to the Preface of the Refuters of his consec. Serm. pag. 6.
• l 1.112

  Archipresbyteris sive Decanis Rura∣libus. Ibid. c. 5. fol. 48. a.
• * 1.113

  8. Particular Doubt.
• m 1.114

  Lindw. prov. constit. à fol. 39. ad 46. inclusivè Spalat. de Re∣pub. Eccles. li. 4. c. 5. pag. 590.
• n 1.115

  Decani Cathedrales' Ecclesias juxta illarum constitutiones regant, Collegio∣rum Canonicorum, tum aliorum Cleri∣corum Ecclesiae praesint—ut Archi∣diaconi foras, sic illi domi, hoc est, in Ecclesia Cathedrali Episcopo sint adju∣mento. Reform. leg. Eccles. &c. de Eccles. & Minist. c. 8. fol. 94. p. 21.
• o 1.116

  By the Bish. of Chest. that now is.
• p 1.117

  Bishop Halls Corollary ad∣ded to his Irre∣frag. propos. pag. 7.
• r 1.118

  The Grant of the Bene∣volence by the Province of York. p. 18, 19.
• s 1.119

  Master Foxe his Marryrolog. tom. 1. p. 458.
• t 1.120

  Reform. leg. de Eccles. & Minist. cap. 7. fol. 49. p. b.
• * 1.121

  9. Particular Doubt.
• u 1.122

  Doct. Field of the Church l. 5. c. 29. p. 507, 508, 509.
• x 1.123

  Episcopus nec Abbatem, nec Archi∣presbyterum sine omnium suorum com∣presbyterorum & Abbatum consilio de loco suo praesumat ejicere. Conc. Turon. 2. Can. 6. Caranz fol. 239.
• y 1.124

  Si quis ex Secularibus institutionem aut comminationem Archipresbyteri sui contumacia faciente audire distulerit, tam diu à limitibus Ecclesiae habeatur extraneus, quàm diu tam salutarem in∣stitutionem adimplere distulerit. Concil. Antisiod. Can. 40. Ibid. fol. 267.
• z 1.125

  Archipresbyter circuit obedientiam sibi creditam, vendit Homicidia, Adulte∣ria, Incestus, Fornicationes, Sacrilegia, Perjuria; ad summum, implet manticam suam, famâ volante innotescit Episcopo talis quaestus, &c. Serm. cujusdam ad Cler. in Concil. Rhem. in operib. Bernard. col. 1736
• a 1.126

  Decanos Rurales vocant, atque ple∣rumque ad hibentur ad convocandum su∣am classem, ad significandum iis non ni∣hil ab ordinario, ut fit per literas ad in∣ducendum in Beneficia vice Archidia∣coni remotiùs agentis. Doct. Cous. de Po∣lit. Eccles. Angl. c. 7.
• b 1.127

  Crimina & excessus quorumcunque Laicorum, criminibus Adulterii & Ince∣stus tantummodo exceptis. So in the Pa∣tent of M^r. P. M^r. E. M^r. L. for the Dean∣rie of F.
• * 1.128

  10. Particular Doubt.
• c 1.129

  Concil. Con∣stantinop. 6. Can. 7. fol. 311. Caranz.
• d 1.130

  Doct. Field of the Church. l. 5. c. 25. p. 492.
• e 1.131

  Diaconos paucitas hono∣rabiles, Presby∣teros tutba contemptibiles facit. Hier. ad Evagr. tom. 2. pag. 334.
• f 1.132

  3. Partic. Doubt. pag. 20. lit. q.
• g 1.133

  Sine Diaco∣no impossibile est esse Episco∣pum. Epiphan. Heres. 75. l. 3. tom. 1. p. 215. col. 2.
• h 1.134

  —refertur multos Episcopos prae∣termissos fuisse Cardinalari, ne sie digni∣tate minucrentur. Fulv. Pacian. Tractat. de probationibus, lib. 2. cap. 28. fol. 94 p. 1. col. 1.
• i 1.135

  Doct. Field of the Church. l. 5. c. 25. p. 492
• k 1.136

  Archidiaco∣natus gradus est novus. Bish. Andr••n Resp••ad 3. Epist. Pet. Moulin. p. 191.
• l 1.137

  Decret. Lucii Pap. an. 255. Caranz. sum. concil. fol. 28. pag. 1.
• m 1.138

  Concil. Aurel. 5. Can. 20. p. 473. decret. l. 1. de officio Archidiac. fol. 56. p. 1. col. 1. Liadw. provinc. constit. lib. 1. de offic. Ar∣chidiac. fol. 36. col. 2. à Reformat. leg. Eccles. de Eccles. & Minist. c. 6. fol. 48. b. Azor. Instit. tom. 2. l. 3. cap. 43. col. 448. Doct. Cous. de pol. Eccles. Angl. c. 6. Certaine Canons containing some points of Discipline approved in the Sy∣nod. 1571.
• n 1.139

  Doct. Field of the Church. l. 5. c 29. pag 509.
• o 1.140

  Can. 15. apud Symps. of the Church. p. 560.
• o 1.141

  Quicquid adversus veri∣tatem sapit, id Haeresis est, eti∣am vetus con∣suetudo. Tert.
• * 1.142

  11. Particular Doubt.
• * 1.143

  12. Particular Doubt.
• * 1.144

  M. S. T.
• * 1.145

  13. Particular Doubt.
• q 1.146

  The Bishop shall cause the Oath of the Kings Supremacy, and against the power and authority of all forraine Po∣tentates, to bee administred to every one of them that are to be ordained. So in the Ordinat. of Deacons.
• r 1.147

  Can. 1. p. 13.
• s 1.148

  I do humbly in the Chur∣ches name de∣sire of your Majesty, that it may be re∣solved by all the reverend Judges of England, and then published by your Majestie, that our keeping Courts, and issuing Processe in our owne Names, and the like exceptions formerly taken, and now renewed, are not a∣gainst the Lawes of the Realme (as 'tis most certaine they are not) that so the Church Governours may goe on cheerfully in their duty, and the peoples minds be quieted by this assurance, that neither the law nor their liberty, as subjects, is thereby infringed. L. Archb. his Epist. Dedicat. to the King before his Speech in the Starre-chamber.
• * 1.149

  14. Particular Doubt.
• t 1.150

  The Kings Preface before the late Can. pag. 9.
• u 1.151

  So in the stat. of 25. H. 8. c. 21.
• x 1.152

  Episcopi Suffraganei coadjureres Episcoporum, quorum vice nonnunquam ordinant Ministros & Diaconos, dedicant Ecclesias, confirmant pueros ante informatos rudimentis Christianismi. Doct. Cous. de polit. Eccles. Angl. c. 7. Vide etiam Reform. leg. Eccles. de Eccles. & Minist. c. 16. fol. 51. b.
• y 1.153

  Can. 104.
• z 1.154

  Vicarius generalis potest excommuni∣care, suspendere, interdicere, Sacramenta conferre, vel conferendi facultatem con∣cedere, conferre Beneficia, visitare, in∣quirere, instituere, eligere, confirmare, praesentare, corrigere, punire votum, & jus-jurandum commutare, relaxare. A∣zor. Instit. tom. 2. lib. 3. cap. 43. col. 448.
• a 1.155

  Can. 103.119.128.135. Convocat. 1603.
• b 1.156

  See Lindw. constit provinc. l. 1. cap. 1. de accusat. verbo mandat. Archiepisc.
• c 1.157

  Can. 119.
• d 1.158

  Lind. Tit. de sequestr poss••ss. c. 1. verbo Offi∣cialis.
• e 1.159

  Can. 128.
• * 1.160

  15. Particular Doubt.
• f 1.161

  So the Arch∣bish of Cant. disting. in his Speech in the Starre-chamb. an. 1637. p. 6.
• g 1.162

  So Bish. Hall calleth them, in the Coroll. to his prop. touching Go∣vern. p. 7.
• h 1.163

  Doct. Cous. de polit. Angl. cap. 3.
• i 1.164

  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 1.165

  Bish. Godw. in his Catol. of Bish. p. 200.
• l 1.166

  Ibid. pag. 58.
• m 1.167

  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 1.168

  See Godw. his Catal. of Bishops. pag. 503, 504.
• o 1.169

  Nationale Concilium Patriarcha re∣gni convocare debet, Provinciale Archie∣piscopus, &c. Praelud. in Caranz. sum. concil. cap. 3. p. 4. edit. 1633.
• p 1.170

  King James his premonit. to free Princes and States. pag 366.
• q 1.171

  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 1.172

  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.
• * 1.173

  16. Particular Doubt.
• s 1.174

  Basiliense concilium concessit Boe miae utriusque speciei usum, modo fate∣rentur id sibi conce di ab Ecclesia, non autem ad hoc teneri divino jure. Bellarm. l. 1. de Sacram. in genere, c. 2. sect. 2.
• t 1.175

  The Archb. that now is, in his Speech in the Starre-chamber. p. 6. Bishop Hall in his late booke intitled Episcopacy by Divine right.
• u 1.176

  Bish. Andrewes in his Answer to the 18. Chapter of Perrons Reply. p. 15.
• x 1.177

  Bish. Hall of Episcop. part. 2. p. 47.
• y 1.178

  Bish. Hall Ibid. part. 1. pag. 63.
• z 1.179

  Willet Synops. Papis. contro. 5. qu. 3. p. 277.
• a 1.180

  Hist. of the Councell of Trent. l. 7. pag. 596.
• b 1.181

  Ibid. p. 397.
• c 1.182

  Ibid. p. 606.
• d 1.183

  Ibid. p. 597.
• e 1.184

  Ibid. p. 638.
• f 1.185

  Paulus in Epist. Presbyteri & Episco∣pi appellatione promiscuè utitur, idque Chrysost. August. Hier. aliique annota∣runt. Duaren. de minist. c. 7. fol. 8. So also Bish Downham in his defence of his consecrat. Serm. l. 1. c. 3. p. 64. Bish. Hall in his booke of Episcopacie. part. 2. p. 10, 11, 20.
• g 1.186

  Quia scil. inter Episco∣pum & Pres∣byterum inter∣est fermè ni∣hil; solâ quip∣pe Ordinatio∣ne superiores illi sunt. Chrys. in 1 Tim. 3. Hom. 11. tom. 4. col. 1485.
• * 1.187

  Not by Scri∣pture, as is plain by 1 Tim. 4.14. but by humane constitution, or custome.
• h 1.188

  Quid facit (exceptâ Ordinatione) Episcopus, quod Presbyter non faciat. Hier. ad Evagr. tom. 2. pag. 334.
• i 1.189

  Episcopi noverint se magis con∣suetudine, quàm dispositionis do∣minicae veritate Presbyteris esse majores, & in commune debere Ecclesiam regere. Idem in Tit. 1.5. tom. 9. fol. 153. pag. 2.
• k 1.190

  Secundùm honorum vocabula quae jam Ecclesiae usus obtinuit, E∣piscopatus Presbyterio major est. Aug. epist. 19.
• l 1.191

  Bish. Jewell in the defence of his Apol. part. 2. c. 3. pag. 101.
• m 1.192

  Willets Sy∣nops. papis. ge∣ner. controv. 93. q. 3. p. 273.
• n 1.193

  Archb. Whit∣gifts answer to T. C. p. 384, 385
• o 1.194

  See Niceph. hist. l. 12. c. 12. Gers. Bucer. dis∣sertat. de guber∣nat. Eccles. p. 27. Franc. Long. annot. in concil. p. 142.
• p 1.195

  Idem erat Presbyter qui Episcopus, an∣tequam Dia∣boli instinctu studia in reli∣gione fierent. Hier. ep. ad Tit. cap. 1.
• q 1.196

  Epiphan. hae∣res. 75. l. 3. tom. 1. contra haeres. p. 215. col. 1.
• r 1.197

  Mich. Medin. de contin. sacr. homin. l. 1. c. 5.
• s 1.198

  Si quis dixerit in Ecclesia Ca∣tholica non esse Hierarchiam divi∣nâ ordinatione institutam, quae constat ex Episcopis & Ministris, anathema sit. Concil. Trid. ses. 7. Can. 6. fol. 561. b.
• t 1.199

  Altare Damasc. p. 276, 277, 278, 279. See also primam Pet. Moulinaei epist. Episc. Winton. p. 161, 162.
• u 1.200

  One onely branded Hereticke (i. Aerius) in so many hundred yeares opposed Episcopall govern∣ment. Bishop Hall of Episcopacy. part. 1. p. 66.
• x 1.201

  As for the words of Leo, his own autho∣rity in his own cause cannot be great. Bish. Jewel defence Apol. part. 2. c. 3. pag. 101.
• y 1.202

  Panormita∣nus in quaestio∣nibus suis ex mala interpre∣tatione. Hier. negat hanc Divino Jure inter Episcopos & Presbyteros distinctionem. Franc. à Sancta Clara Apol. Episc. pag. 64.
• z 1.203

  Fulv. Pacian. de probationib. l. 2. c. 28. fol 96.
• a 1.204

  Chamier. tom. 2. l. 10. c. 6. pag. 350.
• b 1.205

  Abundè probavi Chri∣stum suam Ec∣clesiam Apo∣stolis omni∣bus aequè commendâsse, eosque ad hoc necessariâ potestare aequè omnes adornâsse confentit. Ignat. episi. ad Philadelph. dum ad Apostolos veluti ad Presbyterium, Ecclesiae Collegium, recurri postulat; Collegium verò Aristocraticum nemo ignorat. Spalat. de Repub Eccles. lib. 1. c. 12. pag. 137. The Archbish. that now is saith the like of the Ari∣stocraticall Government, and equality of the Apostles, and quoteth Bellarm. de Ro. Po. l. 1. c. 9. to the same purpose, making account his words are a confession of the truth a∣gainst his owne side. So in relat. of his conference. pag. 168, 200, 202, 380. See Bishop Hall of Episcopacy. part. 2. pag. 13.
• c 1.206

  Jam & illud considera, quàm Petrus agit omnia ex communi Discipulorum sententia, nihil au∣thoritate suâ, nihil cum Imperio. Chrysost. bom. 3. in Act. Apost. cap. 1. tom. 3. col. 459.
• d 1.207

  Spalat. de Repub. Eccles. l. 1. c. 12. p. 138.
• e 1.208

  Bish Jewels defence of his Apolog part. 2. c. 3. divis. 5. pag. 110.
• f 1.209

  Non erat ea facta divisio (scil. inter Apostolos) ut alter ab alteri∣us abstineret Apostolatu. Baron. Annal. tom. 1. an. 51. 27. col. 424.
• g 1.210

  Estius com∣ment. in 1 Tim. 5.19. col. 809.
• h 1.211

  Bish. Hall reckons 36. Bi∣shopricks un∣der Ephes. part. 2. p. 24.43. See Will. Synops. papis. controv. 5. in append. ad quaest. 3. p. 273.
• k 1.212

  Didoclau. Al∣tare Damascen. pag. 175.
• l 1.213

  Cent. 3. c. 10. col. 275.
• m 1.214

  Archiepi∣scopi & Patri∣archae in usum abierunt, quo∣rum ante Constantini tempora altum silentium. Dan. Chamier. de oecumen. pontif. lib. 10. cap. 6. tom. 2. pag. 353.20.
• n 1.215

  Filasac. de sacr. ep. Anth. ch. 19. sect. 1. Concil. Matisc. 1. Can. 4.
• o 1.216

  Doct. Saravia saith, the Assem∣blies of the Presbyterians are no Synods but Conventicles, because he readeth not of any Synod with∣out an Archbishop. Sarav. de Tri∣plic. ep. q. 3. p. 90.
• p 1.217

  Archb. Whit∣gifl in his re∣ply to Master Cartwr. p. 310, 313, 427, 432.
• q 1.218

  Can. 33. (or 34. as some ac∣compt) p. 470. Archb. Whitgi.
• r 1.219

  Ibid. pag. 400.
• s 1.220

  Pag. 470.
• t 1.221

  The title Archbishop, is proper to Christ, as ap∣peareth by Saint Peter, where he calleth him 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which is an Archshepheard, or Archbi∣shop; for Bishop and Shepheard are all one. Ibid. p. 300.
• u 1.222

  Archb. Whit∣gifts reply to Mast. Cartwr. pag. 323. ex M^r. Fox Martyrol. tom. 1. p. 146.
• x 1.223

  Eugen. 4. Epist. ad Episcop. Can∣tuarien. ait, Cardinalium nomen non fuisse in principio nascentis Eccles. expressum, munus tamen & officium à B. Petro & ejus succes∣soribus evidenter crat institutum. Fran. Long. annot. in 2. Concil. Rom. pag. 201.
• y 1.224

  Archb. Laud in his relat. of his confer. pag. 176.
• z 1.225

  Concil. Chal∣ced. Can. 9. & Act. 16.
• a 1.226

  Cypr. de sim∣plic. Praelat. Episcopatus unus est.
• b 1.227

  Archb. Laud ubi supra. pag. 168.
• c 1.228

  Inaequalita∣tem inter Epi∣scopum & Presbyterum esse vetustissimam, & vicinam Apostolorum temporibus ultrò fatemur. Fr. Chamier. de oecumen. pontif. l. 10. c. 6. tom. 2. p. 85.3. col. 2.
• d 1.229

  Archb. Whit∣gift in his de∣fence of the answ. to the Admon. p. 386.
• e 1.230

  Omnes Ec∣clesiae Patriar∣chales (praeter Romanam) ha∣buerunt per longa tempora manifestos Haereticos. Bel. de notis Eccl. 4. not. 5. c. 8. p. 74.
• f 1.231

  Bish. Downh. in the defence of his consecr. Serm. l. 1. c. 8. pag. 185.
• * 1.232

  17. Particular Doubt.
• g 1.233

  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 1.234

  The like we have noted before out of the Preface of our Service Booke.
• i 1.235

  The generall Demands of the Ministers and Professors of Aberdene. Deman. 10. p. 26
• k 1.236

  The Kings Declar. con∣cerning the Tumults in Scotl. p. 330.
• l 1.237

  The Coun∣cell of Chal∣lons held an. 813. Can. 25. Symps. of the Church. p. 560, 561.
• m 1.238

  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 1.239

  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 1.240

  Can. 9.
• p 1.241

  See the Confer. at Hampt. Court, how their authority is altered by restraint. pag. 77, 78. particularly for Excommunication.
• q 1.242

  Bish. Hall of Episcopacy. part. 2 sect. 2. pag. 129.
• r 1.243

  Ibid. p. 132, 133.
• s 1.244

  Ibid. p. 135.
• t 1.245

  Bish. Downh. answ. to the Preface of the Refuter of his Serm. p. 9.
• u 1.246

  Archb. Laud in his Epist. De dic. before his Starre∣chamb. Speech.
• x 1.247

  The L. Archbish. that now is, in his Answ. to A.C. pag. 91.
• * 1.248

  18. Particular Doubt.
• * 1.249

  19. Particular Doubt.
• y 1.250

  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 1.251

  Mast. Fuller in the Holy Warre. l. 2. c. 37. pag. 93.
• a 1.252

  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 1.253

  In his Pre∣face of the Ar∣ticles of Reli∣gion.
• c 1.254

  Bish. Halls Irrefrag. propos. prop. p. 3, 4.
• d 1.255

  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 1.256

  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 1.257

  Communi Presbyterorum con∣silio Ecclesiae regebantur. Hicron. in Tit. 1.5. tom. 9. sol. 153.
• g 1.258

  Presbyteri & Seniores pariter ad concilium admissi erant tempo∣re primaevo. Baron. Annal. ad an. 58. nu. 10, 11. tom. 1. col. 572.
• h 1.259

  Bish. Downhams defence of his consecrat. Serm. l. 1. c. 7. p. 142, 143. & c. 8. pag. 178.
• i 1.260

  Ut quae circa Ecclesiae gu∣bernacula uti∣litas commu∣nis exposcit tractare simul, &c. Cypr. ep. 6. edit. Pamel. p. 12
• k 1.261

  Nihil à me absentibus vo∣bis novum fa∣ctum est, sed quod jampridem communi consilio, &c. Cypr. ep. 24. Presbyt. & Diac.
• l 1.262

  A primordio Episcopatus mei statui nihil sine consilio vestro—privata sententia gerere. Cyp. ep. 6. p. 13.
• m 1.263

  Bish. Down∣hams def. of his Serm. l. 1. cap. 7. p. 161.
• n 1.264

  Doct. Field of the Church. l. 1. c. 30. p. 514.
• o 1.265

  Ibid. cap. 49. pag. 647.
• p 1.266

  Concil. Age∣then. an.440. Can. 40. fo. 165. Caranz.
• q 1.267

  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 1.268

  Concil. Carth. 4. Can. 23. pag. 313. edit. Fr. Longi.
• s 1.269

  Ibid. Can. 34. pag. 316.
• t 1.270

  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 1.271

  Diaconus ita se Presbyteri, ut Epi∣scopi ministrum esse cognoscat. Concil. Carthag. 4. Can. 17.
• x 1.272

  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 1.273

  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 1.274

  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 1.275

  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.
• * 1.276

  20. Particular Doubt.
• * 1.277

  M^r. E. B. of the M. T.
• * 1.278

  21. Particular Doubt.
• * 1.279

  22. Particular Doubt.
• b 1.280

  Si vis scire an velim, effice ut possim nol∣le. Senec. de Be∣nefic. l. 2. c. 18. pag. 281.
• c 1.281

  Juramento meticuloso fit absolutio per Judicem Ec∣clesiasticum. Decret. l. 2. c. 2. fol. 157. pag. 2. col. 2.
• * 1.282

  2. Part.
• * 1.283

  23. Particular Doubt.
• e 1.284

  In Mast. Dalton his Country Just. pag. 16. edit. 3.
• f 1.285

  Eo sensu accipienda sunt verba Juramenti, quo audientes acceptu∣ros judicamus, & quem habent in communi omnium usu, quia ver∣borum significatio pendet ex ho∣minum usu. Amesius de consc. lib. 4. c. 22 pag. 153. Azor. instit. vol. 1. l. 11. c. 8. col. 742
• g 1.286

  The Minist. and Professours of Aberdene in their generall De∣mands. pag. 14.
• h 1.287

  Bish. Morton in his book of Cerem.
• i 1.288

  Can. 30.
• k 1.289

  In dubiis benigniora sunt praefèren∣da regul. Ju∣ris 55. addit libro cui tit. est Reform. leg. Ec∣cles. printed an. 1571.
• l 1.290

  In foro Ju∣diciali semper est jurandum secundùm communem sensum quem reddunt verba ipsa, & com∣munem homi∣num usum. A∣zor. Instit. vol. 1. l. 11. c. 8. col. 742.
• m 1.291

  Ex communi hominum sententia juramentum in foro conscientiae semper accipiendum est juxta jurantis mentem. Ibid.
• n 1.292

  The Kings large Decla∣ration of the Tumults in Scotl. p. 176.
• o 1.293

  Ibid. p. 177.
• p 1.294

  Ibid. p. 347.
• q 1.295

  The Minist. and Professors of Aberdene in their generall Demands. p. 14
• r 1.296

  The expla∣nation of the Oath in Scotl. in his Majesties large Declar. pag. 328.
• s 1.297

  Bish. Hall in his booke of Christian mode∣ration. lib. 2. sect. 10. p. 109.
• t 1.298

  Is committit in legem, qui legis verba complectens, contra legis ni∣titur volunta∣tem. Regul. Ju∣ris 88.
• u 1.299

  Quòd si in posterum aliqua du∣bia, ambiguitates, &c. oriantur in co casu, omnium hujusmodi dubio∣rum, ambiguitatum, difficultatum, &c. interpretationes & declaratio∣nes fient per reverendissimum in Christo patrem Archiepiscopum Eboracensem, Dominos Episcopos Dunelmensem, Caestriensem, & Carliolensem, aut duos eorundem, quorum idem reverendissimus pa∣ter sit unus. So in the Grant of the benevolence or contribution by the Clergie. pag. 25.
• x 1.300

  Hist. of the Councell of Trent. lib. 2. pag. 216.
• y 1.301

  Ibid. p. 229.
• z 1.302

  Ibid. l. 8. p. 817.
• a 1.303

  Doct. Burges in his Answ. to a much applau∣ded Pamphlet Prefat p. 26.
• b 1.304

  Haec omni∣bus partibus servabo, quibus cum sacra Scri∣ptura, cum Le∣gibus Civili∣bus & Ecclesiasticis hujus regni consentiunt, & quantum vires meae patientur. Reform. leg. Eccles. de Jure, cap. 11. fol. 105. a.
• * 1.305

  3. Part.
• * 1.306

  24. Particular Doubt.
• a 1.307

  The Kings large Declarat. of the Tumults in Scotl. p. 217.
• b 1.308

  Episcopi & Regis verbum scu affirmatio sine juramento fit irre∣fragabile. Concil. Bergam-stedense, cap. 17. anno Christi 700. apud Dom. Spelman de consil. tom. 1. p. 196.
• c 1.309

  See pag. 132. seq. lit. k. in mar.
• d 1.310

  Wats Quod∣libets. pag. 12.
• e 1.311

  Confer. at Hampt. Court. pag. 89.
• * 1.312

  25. Particular Doubt.
• f 1.313

  Conciliab. apud Northampton in Anglia celebrat, quo Thomas Archiepiscopus Cant••ariensis de perjario per Regem accusatus & condemnatus, cò quòd Anglica∣nas consuetudines quas juraverat non observâsset. Francisi. Long. de Concil. pag. 806. col. 1.
• g 1.314

  Hist. Con∣cil. of Trent. 2. pag. 187.