col 275. Archbishop or untill the reigne of Constantine as a very learned m Archiepiscopi Patriarchae in usum abierunt quorum ante Constantini tempora altum silentium Dan. Chamier de oecumen pontif lib. 10. cap. 6. tom 2. pag. 353.20 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 Westerne it came later thither as the Sun-setting cometh after the Sun-rising And Filasacus a Divine of Paris saith n Filasac de sacr ep Anth. ch 19. sect 1. Concil Matisc 1. Can. 4. It is not used in these parts untill the first Matiscon Councell scil anno 587. Which may bee to us the more probable because we have had experience in our owne time of a o Doct. Saravia saith the Assemblies of the Presbyterians are no Synods but Conventicles because he readeth not of any Synod without an Archbishop Sarav de Triplic ep q. 3. p. 90. principall point of now-Archiepiscopall Government the Presidentship of a Provinciall Synod without an Archbishop So was it in the yeare 1603. when the Bishop of London was President of the Synod then assembled Archbish p Archb. Whitgifl in his reply to Master Cartwr p. 310 313 427 432. Whitgift against Master Cartwright endeavoureth to maintaine That the office of an Archbishop was in use in the Apostles time and by their q Can. 33. or 34. as some accompt p. 470. Archb. Whitgi appointment in an Apostolicall Canon and that r Ibid. pag. 400. Titus was an Archbishop over Crete and ſ Pag. 470. Dionysius Areopagita the Scholar 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 opposed by Master Cartwright who conceiving both the authority and title of an Archbishop by Scripture to belong peculiarly to Christ and not finding the name t The title Archbishop is proper to Christ as appeareth by Saint Peter where he calleth him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is an Archshepheard or Archbishop for Bishop and Shepheard are all one Ibid. p. 300. 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 which u Archb. Whitgifts reply to Mast Cartwr pag. 323. ex Mr. Fox Martyrol tom 1. p. 146. 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 Archbishops and yet more ancient then honourable for the conformity to Pagan preheminence Nor will it serve to say as Pope x Eugen. 4. Epist ad Episcop Cantuarien ait Cardinalium nomen non fuisse in principio nascentis Eccles expressum munus tamen officium à B. Petro ejus successoribus evidenter crat institutum Fran. Long. annot in 2. Concil Rom. pag. 201. Eugenius the fourth said of the name Cardinall that though it were not expresly mentioned in the beginning of the Christian Church yet the office was instituted by Saint Peter and his successours For not to insist upon the name Cardinall of which the saying of the Pope is an unprobable fiction superiority among Bishops is to be reduced rather to a secular then to a sacred Originall For our Archbishop of Canterbury that now is saith y Archb. Laud in his relat of his confer pag. 176. It was insinuated if not ordered that honours of the Church should follow honours of the State as appeareth by the Canons of the Councell of z Concil Chalced Can. 9. Act. 16. Chalcedon and Antioch It was thought fit therefore though as Saint a Cypr. de simplic Praelat Episcopatus unus est 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 therefore 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and sometimes a Patriarch the chiefe of the Province a Metropolitan next the Bishops in their severall Diocesses as we now use the word Among these there was effectuall 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 Archbishop And though hee grant that b Archb. Laud ubi supra pag. 168. 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 Ecclesiasticall 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 Patriarchs for except for Ecclesiasticall Constitutions and positive Lawes they are not subordinate one to another neither the authority nor title then of Metropolitan or Archbishop is taken to bee so ancient or warrantable 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 as c Inaequalitatem inter Episcopum Presbyterum esse vetustissimam vicinam Apostolorum temporibus ultrò fatemur Fr. Chamier de oecumen pontif l. 10. c. 6. tom 2. p. 85.3 col 2. Chamier confesseth most ancient and very neere the Apostles times so wee yeeld it as probable that Archbishops are very ancient also and as certaine that there have been and are very many as worthy to be Archbishops 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 that
an alteration of that Government There be that tell us and wee must not take their saying for a y Clement the seventh immediatly 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. Papall dispensation z Mast Fuller in the Holy Warre l. 2. c. 37. pag. 93. 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 apprehend any probable occasions of change before-hand wee must not make a Let it be written among the Lawes of the Persians and of the Medes that it be not altered Esth c. 1. v. 19. Median or Persian Protestations 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 changeable 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 imposed upon especiall occasions Fourthly to leave us at more liberty if there should be a change our word is taken without an Oath for which b In his Preface of the Articles of Religion 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 disobedience 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 conceive 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 already sworne to their Authority and Power for such alterations 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 soveraigne Authority as c Bish Halls Irrefrag propos prop. p. 3 4. Bishop Hall observeth in his Irrefragable 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 conformable 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 Clergie of the vacant Diocesse as the d Sacrorum Canonum non ignari at in Dei nomine sancta Ecclesia suo liberiùs potiretur honore Baron Annal. com 9. nu 21. col 641. Emperour Charles the Great had when hee published a Decree to that purpose according to the e Cypr. â—p Anton. episl 52. pag. 57. col 2. Contil. Aurelian 9. Can. 10. Concil Parisiens 1. Can. 6. Hieron testatur Alexandrinos Presbyteros spatio 140. annorum sibi ex suo numero unum cligisse c. Chamier tom 2. lib. 10. ca 3. p. 350. nu 3. Leo epist 82. Spalat de Republ. Eccleslib 3. c. 3. pag. 339 340 400. Bernard de considerat ad Eugen lib. 3. cap. 2. col 878. Fox Martyrol tom 1. p. 5. col 2. Concil Basil sis 3. fol. 448. ancient practice of the Church And if when Bishops are elected that either love or some law of Authority 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 Communi Presbyterorum consilio Ecclesiae regebantur Hicron in Tit. 1.5 tom 9. sol 153. Hierome saith That the Church was governed by the common Councell of the Presbyters which g Presbyteri Seniores pariter ad concilium admissi erant tempore primaevo Baron Annal. ad an 58. nu 10 11. tom 1. col 572. Baronius acknowledgeth and h Bish Downhams defence of his consecrat Serm. l. 1. c. 7. p. 142 143. c. 8. pag. 178. 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 his i Ut quae circa Ecclesiae gubernacula utilitas communis exposcit tractare simul c. Cypr. ep 6. edit Pamel p. 12 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 absence he k Nihil à me absentibus vobis novum factum est sed quod jampridem communi consilio c. Cypr. ep 24. Presbyt Diac. professeth That he did nothing but what was concluded before by their common advice and l A primordio Episcopatus mei statui nihil sine consilio vestro privata sententia gerere Cyp. ep 6. p. 13. that it was his resolution from the first time of his being Bishop 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 Bish Downhams def of his Serm. l. 1. cap. 7. p. 161. 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 Presbyters had decisive voices with them as n Doct. Field of the Church l. 1. c. 30. p. 514. Doctor Field confesseth observing withall concerning the number of Bishops and those that were not Bishops in such Ecclesiasticall Assemblies that in a o Ibid. cap. 49. pag. 647. Councell of Lateran
was intwisted in it as it followeth in the next words THE OATH Nor will I ever give my consent to alter the Government of this Church by Archbishops 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 understanding 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 6. Particular Doubt 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 approbation that Deanes and Archdeacons before now were never by attestation or subscription so farre approved 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 degree 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 Archdeacons we have particular Doubts First of Deanes The DOUBT is 7. Particular Doubt What Deanes are here meant THE REASON BEcause in the whole Canon law there is no title of the degree of a Deane saith a Azor. Inflit. tom 2. l. 3. c. 17. pag. 360. 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 as b Decanus dicitur qui decem militibus praeest Lindw constit lib. 2. fol. 58. p. 1. col 1 Lindwood hath it the Monasticall sense as it is taken and explained by Saint c Aug. de morib Eccles c. 31. Augustine for him who hath the Government 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 Ecclesiasticall Deane and ambiguity also in the word with that restriction for as d Duaren de minist l. 1. c. 8. 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 more e In processe of time Archipresbyters were called Decani Bish Downh li. 1. pag. 188. of the defence of his serm ancient name of such was f Concil Turon 2. Can. 6. an 566. Concil Antinodor Can. 40. an 615. Archipresbyter that is as the word importeth and g Presbyterorum dicitur ut Archidiaconus Archisubdiaconus Diaconorum Subdiaconorum primi principes Onuphr interpret vocum eccles addit vitis Pontif. Rom. pag. 61. Onuphrius expounds it the chiefe or principall 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 Bishops and h So by the name of Archipresbyter is hee called and put before the Archdeacon Concil Carthag 4. can 17. before Archdeacons and though the Archdeacon i Archidiaconus sit proximus post Episcopum ejus Vicarium salvo tamen jure Decani quod ad Cathedralem Ecclesiam spectat Reform leg Ecclesiastic de Ecclesia Minist c. 6. fol. 48. b. 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 Bishop k The Government and Discipline of our Church by Archbishops Bishops Archdeacons Rurall Deanes c. established Reformat leg Eccles Tit. de Eccles Bish Downh in his answer to the Preface of the Refuters of his consec Serm. pag. 6. Downham brings them in as Church Governours with those that are named in this Oath and for that they are called l Archipresbyteris sive Decanis Ruralibus Ibid. c. 5. fol. 48. a. 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 8. Particular Doubt THE REASON 1. BEcause Deanes Cathedrall and Rurall being both comprehended under the title of Archipresbyters their office is so described by m Lindw prov constit à fol. 39. ad 46. inclusivè Spalat de Repub Eccles li. 4. c. 5. pag. 590. 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 the n Decani Cathedrales ' Ecclesias juxta illarum constitutiones regant Collegiorum Canonicorum tum aliorum Clericorum Ecclesiae praesint ut Archidiaconi foras sic illi domi hoc est in Ecclesia Cathedrali Episcopo sint adjumento Reform leg Eccles c. de Eccles Minist c. 8. fol. 94. p. 21. Cathedrall Deane is brought in as President of the Canonicall Colledge for the government of the Cathedrall 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 according 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 as o By the Bish of Chest that now is wee have heard have Episcopall Jurisdiction which other Cathedralls for the most part have not Some have Statutes
by which they governe 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 discretion and conscience and so wee cannot in respect of such apply Bishop p Bishop Halls Corollary added to his Irrefrag propos pag. 7. 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 Constitutions for in the late r The Grant of the Benevolence by the Province of York p. 18 19. 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 concluded 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 the ſ Master Foxe his Marryrolog tom 1. p. 458. Deane and Chapter of Durham 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 Ecclesiasticall 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 Information touching the Government of the Church there is this rule set downe for Cathedrall Churches t Reform leg de Eccles Minist cap. 7. fol. 49. p. b. 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 either 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 Churches 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 according 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 Rurall 9. Particular Doubt THE REASON BEcause under the name and title of Archpresbyters they have had much Authority in Government of the Church in former times whereof the most observable particulars are collected by a very learned u Doct. Field of the Church l. 5. c. 29. p. 507 508 509. Doctour of our Church and they are chiefly these These Archpresbyters or Deanes Rurall were to be chosen by the Clergie and x Episcopus nec Abbatem nec Archipresbyterum sine omnium suorum compresbyterorum Abbatum consilio de loco suo praesumat ejicere Conc. Turon 2. Can. 6. Caranz fol. 239. 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 the y Si quis ex Secularibus institutionem aut comminationem Archipresbyteri sui contumacia faciente audire distulerit tam diu à limitibus Ecclesiae habeatur extraneus quà m diu tam salutarem institutionem adimplere distulerit Concil Antisiod Can. 40. Ibid. fol. 267. Laity were wilfully minded against their admonitions they were so long to bee excommunicated out of the Church untill they were reformed They were to have a Chapter 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 office hitherto they might proceed but no further But in practice partly by the connivence partly by the corruption of the Bishop they lashed out beyond their line for as a zealous Preacher complained in the Councell of Rhemes The z Archipresbyter circuit obedientiam sibi creditam vendit Homicidia Adulteria 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 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 England 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 calling a Decanos Rurales vocant atque plerumque ad hibentur ad convocandum suam classem ad significandum iis non nihil ab ordinario ut fit per literas ad inducendum in Beneficia vice Archidiaconi remotiùs agentis Doct. Cous de Polit Eccles Angl. c. 7. Classicall 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 to b Crimina excessus quorumcunque Laicorum criminibus Adulterii Incestus tantummodo exceptis So in the Patent of Mr. P. Mr. E. Mr. L. for the Deanrie of F. 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 above 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 former 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 Authority Of Archdeacons The 10. DOUBT is What is the Authority and Government of Archdeacons 10. Particular Doubt 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 the c Concil Constantinop 6. Can. 7. fol. 311. Caranz sixth Councell of Constantinople and so an Archpresbyter as a Deane Rurall is usually stiled should be superiour to an Archdeacon but as Doctor d Doct. Field of the Church l. 5. c. 25. p. 492. 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 Hierome and other Worthies of those times they were lifted up not only above Presbyters but above Archpresbyters also and that came to passe as hee observeth for divers causes First because there were fewer Deacons then Presbyters and so e Diaconos paucitas honorabiles Presbyteros tutba contemptibiles facit Hier. ad Evagr. tom 2. pag. 334. paucity made the one sort to be honourable 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 Bishop 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 as f 3. Partic. Doubt pag. 20. lit q. before we have noted under another title hee said g Sine Diacono impossibile est esse Episcopum Epiphan Heres 75. l. 3. tom 1. p. 215. col 2. 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 refertur multos Episcopos praetermissos fuisse Cardinalari ne sie dignitate minucrentur Fulv. Pacian Tractat. de probationibus lib. 2. cap. 28. fol. 94 p. 1. col 1. 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 Doctor i Doct. Field of the Church l. 5. c. 25. p. 492 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 Presbyters was of a later Institution Bishop k Archidiaconatus gradus est novus Bish Andrâ—n Respâ—ad 3. Epist Pet. Moulin p. 191. Andrewes saith an Archdeaconship is a new degree which I suppose 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 noted wee may well conceive then that Saint Stephen the Protomartyr was not an Archdeacon as he is called in the Decree of l Decret Lucii Pap. an 255. Caranz sum concil fol. 28. pag. 1. 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 Government is as will appeare to him who will take paines to peruse the quotations in the m 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 Archidiac fol. 36. col 2. Ã 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 Synod 1571. Margin so that from Constitution their Authority flyeth for refuge to Prescription of which Doctor Field saith thus n Doct. Field of the Church l. 5. c 29. pag 509. The Archdeacons which at first might not sit in the presence of a Presbyter 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 Archpresbyters themselves and therefore it is confessed by all that the Archdeacon hath none Authority or power of Jurisdiction by vertue of his degree and order but by prescription onely nor can hee claime more then hee can prescribe 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 condemneth o Can. 15. apud Symps of the Church p. 560. It is reported by some saith the Councell that Archdeacons use domination over the Presbyters and take tribute from them which smelleth rather of tyrannie then of order Prescription and Custome may prevaile against Right and Truth as many times they doe as Tertullian saith o Quicquid adversus veritatem sapit id Haeresis est etiam vetus consuetudo Tert. Whatsoever is set up against that is Heresie though it be an old custome In this Diocesse the Archdeacons 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 Government is since the rules of that Office are very uncertaine and the prescription by practice more uncertaine to us especially who have had no such Jurisdiction 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 interpreted to the prejudice of any worthy person of that denomination and wee doubt not but there are many 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 Governours 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. 11. Particular Doubt THE REASON BEcause in a new Oath we cannot be certaine without 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 Prophet 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 Obligee 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 12. Particular Doubt when it is expresly declared THE REASON BEcause of the variety of opinions which have beene conceived of the Contents of it * M. S. T. 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 because 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 probable our Doubt is what Governours they be DOUBT 13. What Governours are included in the c. whether the King 13. Particular Doubt as Supreme be altogether omitted or implicitely 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 Preachers 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 inferiour 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 because that Oath of Supremacy is expresly made as the title of it sheweth to shut out the usurpation of q The Bishop shall cause the Oath of the Kings Supremacy and against the power and authority of all forraine Potentates to bee administred to every one of them that are to be ordained So in the Ordinat of Deacons forrain powers and Potentates and so giveth no such security against those popular diminutions of his Ecclesiasticall 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 all r Can. 1. p. 13. popular as well as Papall impeachments 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 explication 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 private 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 opposition 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 Bishops 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 award procured and published on the Bishops behalfe according to the request of the ſ I do humbly in the Churches name desire of your Majesty that it may be resolved 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 against the Lawes of the Realme as 't is 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
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. Catal of Bish p. 181 182. London and Glamorgan or n See Godw. his Catal. of Bishops pag. 503 504. Saint Davids and for London it continued so from the yeare 300. or thereabout though Stowe say it was the same Archbishopricke with Canterburie 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 a o Nationale Concilium Patriarcha regni convocare debet Provinciale Archiepiscopus c. Praelud in Caranz sum concil cap. 3. p. 4. edit 1633. Nationall Councell hee may place a Patriarch and King James shewed himselfe well enough inclined to such a superiority when he said p King James his premonit to free Princes and States pag 366. 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 of q By humane Institution wee suffered our selves to be ranged under the Church of Romes Patriarchall Authority as being the most famous Church of the West a matter of courtesie no necessity no spirituall obligation Bish Hall against Brownists sect 23. pag. 590. courtesie not of duty in former times were wont to doe And for each particular Prelate whether Archbishop or Bishop 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 promise 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 respects may be a prevarication fitter to be abolished then established as appeareth by that of Spalatensis saying r Cum Archidiaconi jam passim supra Presbyteros collocentur id tandem nimiâ corum pertinaciâ Praelatorum conniventiâ eos evicisse meritò possumus affirmare Spalat de Repub. Eccles lib. 7. c. 4. pag. 273. 58. 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 Jurisdiction hath not been so much as an unnecessary appendance 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 16. Particular Doubt 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 establishment 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 Councel of ſ Basiliense concilium concessit Boe miae utriusque speciei usum modo faterentur id sibi conce di ab Ecclesia non autem ad hoc teneri divino jure Bellarm. l. 1. de Sacram. in genere c. 2. sect 2. Basil but more justly then so may bee denied to them all when under some other title preheminence 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 especially that right which agreeth to them all to wit a Positive 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 very t 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 great Prelates of our Church and by u Bish Andrewes in his Answer to the 18. Chapter of Perrons Reply p. 15. some said to be the Doctrine of our Church such a Doctrine and so fully delivered by the Apostles That there is not the tenth part of the Plea for the Lords day from their
expunge his name out of the Catalogue of u One onely branded Hereticke i. Aerius in so many hundred yeares opposed Episcopall government Bishop Hall of Episcopacy part 1. p. 66. 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 of x As for the words of Leo his own authority in his own cause cannot be great Bish Jewel defence Apol. part 2. c. 3. pag. 101. 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 Bishops 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 Bishop Jewel whose judgement is plaine against the opinion of Divine Right by his exposition of Saint Augustine fore-alledged Besides y Panormitanus in quaestionibus suis ex mala interpretatione Hier. negat hanc Divino Jure inter Episcopos Presbyteros distinctionem Franc. à Sancta Clara Apol. Episc pag. 64. Panormitan and z Fulv. Pacian de probationib l. 2. c. 28. fol 96. Pacianus very famous men in their faculties the one for a Canonist the other for a Civilian and divers more to say nothing of the a Chamier tom 2. l. 10. c. 6. pag. 350. 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 contest 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 greater yet as touching the Tenure by Divine Right our beliefe is lesser for they that hold Bishops to bee superiours to Presbyters by Divine Right as the Apostles were superiours to the 72. Disciples doe not for the most part unlesse they be Papists allow of Archbishops in that sacred Episcopacy and even he who was an Archbishop himselfe and highly advanced in print the Episcopall degree hath out of Ignatius observed and thereby affronted the Papall usurpation that the twelve were all b Abundè probavi Christum suam Ecclesiam Apostolis omnibus 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 Aristocraticall 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 against his owne side So in relat of his conference pag. 168 200 202 380. See Bishop Hall of Episcopacy part 2. pag. 13. equall as an Aristocraticall Colledge no Prince or Monarch ruling over the rest as the Romanists pretend and assume in the name of St. Peter wherein Saint c Jam illud considera quà m Petrus agit omnia ex communi Discipulorum sententia nihil authoritate suâ nihil cum Imperio Chrysost bom 3. in Act. Apost cap. 1. tom 3. col 459. 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 authority 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 Spalat de Repub. Eccles l. 1. c. 12. p. 138. 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 Bishop e Bish Jewels defence of his Apolog part 2. c. 3. divis 5. pag. 110. 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 majority 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 difficulty and dispute about that as makes it to us uncapable of the assurance of an Oath Secondly our Protestant Divines when the Papists 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 Bishop or Archbishop and an Apostle imports a repugnancy 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 that f Non erat ea facta divisio scil inter Apostolos ut alter ab alterius abstineret Apostolatu Baron Annal. tom 1. an 51. 27. col 424. 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 Episcopall or Archiepiscopall callings Object If the opinion of g Estius comment in 1 Tim. 5.19 col 809. Estius be interposed viz. That Archiepiscopacy was founded when Timothy was made Bishop of Ephesus the Metropolis of Asia wherein he had h Bish Hall reckons 36. Bishopricks under Ephes part 2. p. 24.43 See Will. Synops papis controv 5. in append ad quaest 3. p. 273. many Bishops under his Jurisdiction that to say nothing of what is said of the unbishoping of Timothy and Titus in a particular booke of that title being brought in without proofe will bee as readily k Didoclau Altare Damascen pag. 175. 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 an l Cent. 3. c. 10.
sufficiently instructed upon good grounds to give or deny his assent unto them and so to doe either that he might not be alone in that choice whereto his conscience did encline him But being on his journie hee was confidently certified by the way that the Parliament was dissolved and with that hee conceived both the Convocation and his Clerkship were expired and therefore that he was discharged of further care and paines for such a purpose and if the cause had not been carried more by the power of some few then the approbation of most it might be matter of very great marvell that so many so great Clerkes should give their assents to a thing to bee assur'd upon Oath which is so many waies subject to doubtfull construction And this may bee a just ground to all judicious and conscionable Divines to desire a Synod of another Constitution wherein there may be more freedome for discussion and determination of Ecclesiasticall matters then was in that or can be expected in any of that kind Besides such as were members of Provinciall meetings there were many more who were offended at the Oath not only those who were affrighted with the penalty especially the most conscionable Clergy but many of the Laity of the best sort and highest rank have petitioned pleaded and as it is now commonly reported the Honourable House of Commons have voted it downe though the right Honourable Lords of the Upper House have not yet so far declared their judgements against it To these this booke may doe some acceptable service as a just and complete Apology against that Canon which decrees for it and so severely threatens the refusall of it and against them who so far favour it as to referre all the Doubts and Quaeres about it and Reasons against it rather to perverse prejudice of those that find fault with it then to any just cause of exception in the Oath it selfe adding with great confidence in it and no lesse contempt of such as condemn'd it that If any of the Apostles yea or Christ himselfe had penned it a supposition of meere impossibility such men would yet have been cavilling against it I can name the man that said it som what else not much better to the same effect and it may be an Apology likewise for such as dislike it against those who have taken upon them by writing to defend it as containing nothing in it that may offend the conscience if the judgement be not too weake or the passion too strong whose papers have been too passent and too much prevailed with some who have not seene this discourse wherein the Author discovers their glosses upon it to bee but as the gildings of a rotten Nutmeg though he forbeare their names out of respect unto the common peace and to their reputations in particular who must needs suffer with it so far as they are opposed as Apologists for it since as one of them acknowledged in the beginning of his answer to the Quaeres of the Ministers of London that the noise against the Oath grew every day lowder and lowder and that it was loaded with publicke and popular infamy and so it is like hee should have more need of pardon as for a presumptuous undertaking in that cause being but a private person then that he could bring sufficient aide to justifie the Oath which not without just cause had incurr'd so much condemnation Thirdly if we consider their freedome from it who were in danger by it they were many good Ministers who if the swearing Canon had continued in force must have suffred losse of their liberty and livelihood and very many good people who were like to be deprived of their loving and laborious Ministers this Book may be of very good use as a ready memoriall of such a mercy to them all as cannot bee forgotten without wicked ingratitude first to God and next to those worthy and honourable persons who have been the patrons of their present comfort and protectours of them from the pressure of this rigorous innovation and unworthy were they surely of so great a favour if they should thinke that when the Oath is condemned they are forthwith discharged from any farther thought or consideration upon it For mine owne part said a worthy Divine and I am of his mind I shall endeavour alwaies to keep such an impression both of the perill and disappointment of the project for which the Canon was contrived that the b All Soules day a day of high estimation with the Papists which festivity would no doubt have advanceâ— to a higher degree of jollity if it had been as it was like to be a day 〈◊〉 distress to thâ— best Ministerâ— whom they account as their worst enemieâ— second of November the day designed for the execution of the decree of that Canon shall be to me as one of the dayes of Purim for hearty thanksgiving for deliverance from it and this Booke shall supply me with proper lessons for the service of that day Whereto as for the matter it is very pertinent so for the stile and manner of writing it cannot but bee pleasing to an ingenuous and well composed spirit since it runnes with an equitable temper of judicious moderation without all mixture of humour or passion and neither mounts too high with any straine of presumption nor coucheth too low by any servile insinuation It may be some will conceive it hath too many relishes of reverence to Bishops because the tenure of their Authority is therein questioned and the abuse of it deservedly disliked by the best of all sorts but that will be no matter of exception if they consider 1. That when the book was first penned and openly avowed by the Authour those Canonicall Dictators who composed the Oath and propounded it to the rest for their ratification were at the highest pitch of Ecclesiasticall Prelation and that their power came forth armed with a new plantation of terrible Canons 2. That they have long enjoyed and yet are possest of an awfull preheminence over their Brethren 3. That however their callings be accounted of the persons of many of them in respect of many excellent endowments in them are in good manners and accustomed civility to be entertained with respective termes which have been allowed even to those who have been thought bad enough to bee deposed from their Episcopall dignities as by this learned Authour out of the Councell of Calcedon upon another occasionis observed in another worke which I hope ere long will come to light The words of the Councell as wee have them delivered by b Evagr. Schoâ—st â— 2. c. 4. Evagrius are these It seemeth good to us and no doubt God approveth the same that Dioscorus the most reverend Bishop of Alexandria if so please our Lord the Emperour Juvenalis the most reverend Bishop of Jerusalem Tealassius the most reverend Bishop of Armenia should be punished and alike deposed from their Bishopricks
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 and h Queen Elisabeth began her reigne Novemb. 17. an 1558. and these were published ann 1561. 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 protestations 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 incroach 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 discovered 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 because as our learned and religious brethren the Divines of Aberdene have observed i Generall Demands of the Ministers and Professors of Aberdene pag. 29. 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 subjects of this Land to wit diligent preaching and teaching of the word frequent prayer to God humbling of our selves before him and amendment of our lives and conversations and arming our selves against our adversaries by diligent searching of the Scriptures whereby we may increase in the knowledge of the truth and in ability 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 manners 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 government 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 Authority 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 Doctrine 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 conceive 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 commeth 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 concerning Discipline or the government by Archbishops c. we apprehend no need of an Oath to declare 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 maintaine their dignity and authority and unwilling to subject 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 Archbishops 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 acknowledged k Pope Urbane the second accounted my worthy Predecessour Saint Anselme as his owne Compeere and said he was the Apostle and Patriarch of the other world So Archbish Laud in his relation of his conference with Fisher p. 171. 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 alledging l Ibid. ex Guid. Pancirol 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 Criterion to try mens sincerity to either Doctrine or Discipline 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 Mar. 11.25 Luk. 18.11 Scripture secondly a Decree in the first n Consona conveniens per omnes Ecclesias custodienda constitutio est ut stantes ad orationem vota Domino reddamus Concil Nicen. 1. Can. 20. Nicen Councel thirdly a continued practice of it in the Church for o From before Tertullians time untill Anselme Archbish
Franciscus à Sancta Clara Provinciall of the minorite Friars who holdeth h Ubi nulli praeesse solent Episcopi deesse debent Presbyteri hos si domas quam miserenda quaeso horrenda sunt quae necessariò subsequentur nam ubi nulli sunt Presbyteri nulla erunt Sacramenta nisi fortè Matrimonium Baptismus Franc. à Sancta Clara Apolog. Episcop pag. 151. That where Bishops doe not rule there are no Presbyters where no Presbyters no Sacraments Hee excepteth according 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 Episcoporum necessitatem inficiari nihil aliud est quà m Dominicae pasâ—ionis irritationem subintroducere nostrumque redemptionis piaculum evacuare Ibid. pag. 152. That to deny the necessity of Episcopacy is nothing else but to bring in the irritation of the passion of our Lord and to evacuate the vertue of his redemption which is in effect as Doctor du Moulin wrote to Bishop Andrewes k Hoc asserere nihil aliud esset quà m omnes nostras Ecclesias addicere Tartaro Pet. du Moulin cpist 2. Episc Wintonien pag. 173. opusc 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 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 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 Discipline of the English Church when his monitory Preface wherein hee toucheth most upon such matters was published in Latine that hee might not bee thought to condemne the Churches whose Discipline is different from ours he expresly professed m Puritanorum nomine Ecclesias apud exteros reformatas earumveregimen non designari mihi est decretissimum rebus alienis me non immiscere sed illas reformatae Religionis libertati permittere sic ad fin Praefat. monitor in 8o. printed Lond. 1609. That by that hee had said therein hee intended neither reproach nor reproofe to the Reformed 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 Haec non ad harum Ecclesiarum offensionem sed ad nostrae Anglicanae defensionem The joynt attestation that the Discipline of the Church of England was not impeached at the Synod at Dort pag. 17. 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-mentioned when hee and other learned Divines were sent to that Synod the most generall Synod of the Reformed 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 Presbyters there was but one Bishop and hee not President 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 I o So Bishop Hall in his Apology against the Brownists sect 19. p. 588. 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 moderate imparity as the same p Bishop Hall his prop of Church government added to his Irrefrag prop. pag. 6. 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 conceived more necessity of a Deacon to a Bishop then of a Bishop to a Church saying q Ubi non est inventus quis dignus Episcopatu permansit locus sine Episcopo verùm sine Diacono impossibile est esse Episcopum Epiphan haeres 75. l. 3. tom 1. pag. 215. 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 without a Deacon And the fifth Canon of the second Councell of Carthage decreeth r Placuit ut Dioceses quae nunquam Episcopos acceperunt non habeant quae aliquando habuerunt habeant Concil Carth. 2. Can. 5. 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 salvation 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 impute that opinion to any nor can wee acquit the chiefest of them from such a conceipt for the Å¿ Archb. Laud in his relat of his conference with Fisher pag. 176. marg Archbish in his reply to A.C. having brought in a sentence out of Saint Hierome which is this t Ubi non est sacerdos non est Ecclesia Hieron advers Lucifer 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 Bishop 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 Hierome u 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 betwixt the Bishop of Hierusalem and him elsewhere doth should say somewhat more or the same that he did with more confidence which to us seemeth little lesse and
the title page of his booke doth testifie setteth this Note upon that Article Touching this Article the greatest matter saith l Mast Rogers on the 35. Article of Relig. pag. 193. 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 Article and the severall Titles and Contents of the Homilies annexed to it And though we like it well enough that his Testimony is sometimes excepted against as m By the Archbishop of Cant. in his answer to A. C. p. 47 48. 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 induceth 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 Charity maintained see Master Chil. Preface in answer to it p. 12. 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 mutilation of a letter may turne to adoring and what was intended but to be a memorandum of History may be turned by some and taken by others as a memoriall of the mystery of Iniquity whereby the subtle may draw the simple from spirituall piety to sensuall superstition which was the evill effect feared by those grave and godly Divines who composed the Homily and for which cause they so zealously contested against all Images in Churches They had read no doubt with due regard the saying of St. o Malè vos parietum amor cepit malè Ecclesiam Dei in tectis aedificiisque veneramini Anne ambiguum est in his Antichristum esse sessurum Hilarius contra Auxent pag. 216. 217. Hilary against Auxentius Your love is fondly set upon faire walls you doe ill to make your respect of the Church by the outward 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 Doctrine of the Popish Schoolemen as publickly maintained 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 contained and by Authority both Civill and Ecclesiasticall 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 a p Fran. à San. Clara his book called Deus natura gratia printed Lugdun 1634. Booke and therein hath laboured 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 late q See Master Chil. his Preface in answer to the Author of Charity maintained pag. 12. Papist with great boasting hath upbraided unto us So in the book called Charity maintained 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 windings 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 as r Plutarch in the life of Alexander p. 110 Aristotle said to Alexander 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 sacred Text but not established by meanes of an ambiguous 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 Fathers 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 proposed 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
the King before his Speech in the Starre-chamber Lord Archbishop of Canterbury that now is Object But howsoever if the mention of his Soveraigne 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 further demand of the subordinate Governours implyed in it The 14. DOUBT Who and what Governours they be 14. Particular Doubt 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 Archdeacons 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 The Kings Preface before the late Can. pag. 9. Guardians of Spiritualties u So in the stat of 25. H. 8. c. 21. are those to whom the spirituall Jurisdiction of any Bishopricke or Archbishoprick is committed during the vacancy of the See x 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. Suffragans are titular Bishops ordained to assist the Bishop in his function whose turne they supply now and then in Ordination of Ministers and Deacons dedication 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 Can. 104. Vicars 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 A z Vicarius generalis potest excommunicare suspendere interdicere Sacramenta conferre vel conferendi facultatem concedere conferre Beneficia visitare inquirere instituere eligere confirmare praesentare corrigere punire votum jus-jurandum commutare relaxare Azor Instit tom 2. lib. 3. cap. 43. col 448. Vicar generall may excommunicate suspend interdict conferre Sacraments or give faculty to others for that purpose hee may collate Benefices visit inquire institute elect confirme present correct punish change vowes and dispense with Oaths a Can. 103.119.128.135 Convocat 1603. Commissaries b See Lindw constit provinc l. 1. cap. 1. de accusat verbo mandat Archiepisc are such as exercise Jurisdiction afarre off over those who cannot well come to the Bishops Consistory in the City c Can. 119. Officialls 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 in d Lind. Tit. de sequestr possâ—ss c. 1. verbo Officialis Lindwood with the addition of Foraneus e Can. 128. Surrogates are such as are substituted by Chancellours Commissaries and Officialls To which wee may adde Canons or Prebendaries of Cathedrall Churches who are joyned in Government 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 Rectors of their Churches and Vicars and other preaching 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 Parishes may bee brought into the Oath by the Explication of the seventh Canon And if no Officers bee comprehended in it but Governours no Governours 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 difficultie to know their Government what it is and how farre it reacheth that very few not onely of the Laitie but of the Clergie also who are not profest Civilians with all can tell what hee sweareth to when hee sweareth to them under their expresse titles much lesse when under the ambiguous Intimation 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 15. Particular Doubt Whether the establishment of the f So the Archbish of Cant. disting in his Speech in the Starre-chamb an 1637. p. 6. Adjuncts or the g So Bish Hall calleth them in the Coroll to his prop. touching Govern p. 7. 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 the h Doct. Cous de polit Angl. cap. 3. 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 their i 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. 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 Edward the fourth he k Bish Godw. in his Catol of Bish p. 200. denied to give him his Temporalties 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 beginning of Queen Elisabeths raigne and is not so established but that by Regall power it may bee demolished Thirdly there may bee more Archbishops then two if it please the King for by the same right or better that l Ibid. pag. 58. Offa King of Mercia erected a new Archbishopricke in Lichfield leaving to the Archbishop of Canterbury for his Province onely London Winchester 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 Archbishopricke but m
writings which Bishops have for their Episcopacie which comparison God willing shall bee examined else-where and that x Bish Hall of Episcop part 2. p. 47. there be divers points of faith weighty points which have not so strong evidence in y Bish Hall Ibid. part 1. pag. 63. Scripture so strong evidence that heaven may as soone fall as that faile the Bishops And though some who have beene approved for their very great and faithfull labours in the Church and for extraordinary zeale against all Popish opinions have z Willet Synops Papis contro 5. qu. 3. p. 277. 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 doubtfull it was in the Councell of Trent by reason of the diversity of opinions there proposed for though the superiority of Bishops over Presbyters were a Hist of the Councell of Trent l. 7. pag. 596. de facto confessed de jure it was doubted whether it were b Ibid. p. 397. 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 the c Ibid. p. 606. 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 their d Ibid. p. 597. Tenure that some in that Councell were willing to avoid the discussion of that doubt and the chiefest of the Prelates the e Ibid. p. 638. Cardinall of Loraine when he discoursed of that Question spake still ambiguously 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 Saint f Paulus in Epist Presbyteri Episcopi appellatione promiscuè utitur idque Chrysost August Hier. aliique annotarunt 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. Paul in his Epistles useth the words Bishop and Presbyter 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 without 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 saith g Quia scil inter Episcopum Presbyterum interest fermè nihil solâ quippe Ordinatione superiores illi sunt Chrys in 1 Tim. 3. Hom. 11. tom 4. col 1485. he there is in a manner no difference betwixt a Bishop and a Presbyter onely in Ordination Bishops have the * Not by Scripture as is plain by 1 Tim. 4.14 but by humane constitution or custome preheminence the same saith h Quid facit exceptâ Ordinatione Episcopus quod Presbyter non faciat Hier. ad Evagr. tom 2. pag. 334. Hierome in his Epistle to Evagrius and commenting upon S. Pauls Epistle to Titus i Episcopi noverint se magis consuetudine quà m dispositionis dominicae veritate Presbyteris esse majores in commune debere Ecclesiam regere Idem in Tit. 1.5 tom 9. fol. 153. pag. 2. 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 common to govern the Church Saint k Secundùm honorum vocabula quae jam Ecclesiae usus obtinuit Episcopatus Presbyterio major est Aug. epist 19. Augustine to the same purpose saith That the phrase of the Church makes Episcopacy greater then Presbytery which Bishop Jewell rendreth thus l Bish Jewell in the defence of his Apol. part 2. c. 3. pag. 101. The office of a Bishop is above the office of a Priest not by authority 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 distinction of Bishops and Priests is received it cannot as m Willets Synops papis gener controv 93. q. 3. p. 273. some who yet approve of Episcopall preheminence have written bee directly proved out of Scriptures and whereas n Archb. Whitgifts answer to T. C. p. 384 385 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 by o See Niceph. hist l. 12. c. 12. Gers Bucer dissertat de gubernat Eccles p. 27. Franc. Long. annot in concil p. 142. divers Instances and for the Negative it will not passe without exception at least for the Apostles time of which Saint p Idem erat Presbyter qui Episcopus antequam Diaboli instinctu studia in religione fierent Hier. ep ad Tit. cap. 1. 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 though q Epiphan haeres 75. l. 3. tom 1. contra haeres p. 215. col 1. 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 Epiphanius in his Catalogue of Heretickes and since him r Mich. Medin de contin sacr homin l. 1. c. 5. Michael Medina made it materiall heresie to deny the distinction of Divine Right betwixt Bishops and Presbyters and the ſ Si quis dixerit in Ecclesia Catholica non esse Hierarchiam divinâ ordinatione institutam quae constat ex Episcopis Ministris anathema sit Concil Trid. ses 7. Can. 6. fol. 561. b. Councell of Trent formally decreed 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 Augustine for such sayings as these ever taxed for heresie Nor is t Altare Damasc p. 276 277 278 279. See also primam Pet. Moulinaei epist Episc Winton p. 161 162. Aerius left without a probable Apologie which may serve with some not onely to
sol 80. ad 90. See also the form of the sent of Excomm in certaine Canons of the Synod 1571. p. 29.30 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 Can. 9. 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 collection 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 Ordinaries are to follow in their Visitations and none other And in divers particulars the Authority of Chancellours is p See the Confer at Hampt Court how their authority is altered by restraint pag. 77 78. particularly for Excommunication 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 belonging to the Creed q Bish Hall of Episcopacy part 2 sect 2. pag. 129. That the Government by Bishops is both universall and unalterable and so was r Ibid. p. 132 133. intended by the Apostles in their ordinance of them and therefore is Å¿ Ibid. p. 135. 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 Bish Downh answ to the Preface of the Refuter of his Serm. p. 9. That the Government by Bishops is not generally perpetually 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 Archb. Laud in his Epist De dic before his Starre-chamb Speech 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 undertake 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 Reformation of the Church which any Church may need that hath lesse assistance of the Spirit then the Prophets of the Old Testament and the Apostles of the New and of all of them we must hold as the x The L. Archbish that now is in his Answ to A.C. pag. 91. Archbishop hath very well said in his answer to the Jesuit Such an assistance of Christ and the holy Spirit the Prophets under the Old Testament had and the Apostles under the New as neither the high Priest with his Clergie 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 Government of the Church 18. Particular Doubt THE REASON BEcause so the Government seemeth to be preferred 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 19. Particular Doubt we should not be entangled 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 Constitutions though with some alteration of Government 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 Asseveration which belongeth to an Oath which is neither lightly to be taken nor to bee slighted when it is taken 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 Innovation 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 therefore some of them have said they would rather dye then yeeld to an alteration of Episcopall Government 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
of the Tumults in Scotl. p. 176. That the same confession of faith consisting of the same words and syllables sworne without Authority if it shall be commanded by Authority becommeth a new and different confession 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 Ibid. p. 177. That an Oath must be either taken or refused according to the knowne intention of him that doth minister it p Ibid. p. 347. especially if it be a new Oath To the same sense though in different words say the q The Minist and Professors of Aberdene in their generall Demands p. 14 Aberdene Divines An Oath is to be given according 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 intend 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 The explanation of the Oath in Scotl. in his Majesties large Declar. pag. 328. 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 constitution and if hee doe so wee cannot but doubt of it though it seeme never so plausible unlesse it bee allowed by the Authority which chargeth the Oath upon the conscience For First as ſ Bish Hall in his booke of Christian moderation lib. 2. sect 10. p. 109. 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 Confessions Articles Constitutions Catechismes Liturgies a tongue not onely to speake the text of her determination 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 censureable 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 Is committit in legem qui legis verba complectens contra legis nititur voluntatem Regul Juris 88. He offends against the law who cleaving to the words of the law leaveth 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 purpose as in the late Synod wee see u Quòd si in posterum aliqua dubia ambiguitates c. oriantur in co casu omnium hujusmodi dubiorum ambiguitatum difficultatum c. interpretationes declarationes fient per reverendissimum in Christo patrem Archiepiscopum Eboracensem Dominos Episcopos Dunelmensem Caestriensem Carliolensem aut duos eorundem quorum idem reverendissimus pater sit unus So in the Grant of the benevolence or contribution by the Clergie pag. 25. where the Doubts concerning the benevolence of the Clergy granted to his Majesty are ordered to bee determined 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 did x Hist of the Councell of Trent lib. 2. pag. 216. Vega and Soto y Ibid. p. 229. 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 the z Ibid. l. 8. p. 817. 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 Laicks 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 Doct. Burges in his Answ to a much applauded Pamphlet Prefat p. 26. 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 unlesse by Authority wee were permitted to conclude our Oath with the ancient clause of limitation viz. b Haec omnibus partibus
consider and beware of k The book of Ordinat p. antepen penult since at their consecration the Archbishop asketh them Will you shew your selfe gentle and be mercifull for Christs sake to poore and needy people and to all strangers destitute of help and their answer is I will so shew my selfe by Gods help Wherein their bare word for beneficence to strangers is vertually a double bond of security to their owne against such excessive severity as by that Apostolicall Canon is condemned 3. On Equity Thirdly wee are confident in the Equitable Justice of our reverend Governours that the Commination in the words of the Canon is more severe then the execution of it will be for if wee doe offend in forbearing of the Oath distinction must bee made by the Decree of a generall l Non in eum est animadvertendum ac si voluntariè hoc fecisset de industria meliùs semper clementiùs judicandus est ex ipso hoc quod ex necessitate factum perpetraverit Concil Anbamen Gener. apud Dr. Spelmande Concil an 1009. tom 1. p. 516. Councell betwixt those that of set purpose offend and those that offend by a kind of necessity as where our consciences put in exceptions as barres at least as demurres to obedience and if we deserve any censure in such a case it is not deprivation which our Ecclesiasticall Lawes call m Sententia deprivationis quoniam cruenta est totum hominem conficit tam horribile telum c. Reform leg Eccles tit de deprivat cap. 4. fol. 79. b. cruell and an horrible weapon which destroyethor undoeth the whole man for that is reserved n Deprivatio flagitiis atrocibus convenit Ibid. cap. 1. fol. 79. a. Deprivatio maximis teterrimis vitiis est reservanda So in the Chapt. it selfe for hainous crimes of greatest and foulest guilt which in particular are noted by Duarenus the o De criminibus propter quae beneficia amittantur quae sunt ambitus Simonaicus Incontinentia si Concubinam habeat nec eam ritè monitus demittere velit Perjurium Homicidium Perduellio Duaren de benefic lib. 8. cap. 6. pag. 102. Civilian to be these Simonaicall ambition Incontinency keeping of a Concubine so pertinaciously that the offender being duely admonished will not forsake her Perjury Murther Treason or some other grievous offence as herefie which is followed by infamy where by p Quod autem de infamia diximus de ea accipiendum est quae jure ac legibus irrogatur non de ea quae ex hominum opinione proficiscitur Ibid. p. 103. Infamy hee meaneth not that which ariseth from the mis-cenceipt of men but that which proceedeth from the sentence of the Law None of all which can with any colour of truth bee imputed to our doubting or finall deniall of the Oath while the dictate of our consciences induceth us to doe so and if we should confidently affirme which some of us beleeve that a Presbyter is equall with a Bishop by Gods Law we could not for that incurre the condemnation of Heretickes for though Augustine and Epiphanius accounted Aerius an Hereticke for that yet as q Dr. Whitaker his answer to Campian his tenth Reason p. 317. Dr. Whitaker saith few of the ancient Fathers besides them did so and therein saith he was Hierome altogether of his mind Besides wee presume your goodnesse will take notice that in Equity and Justice they should not suffer most who offend least against a penall law and they least or rather nothing at all who are most refractory to it which would come to passe if the penalty should proceed as in the Canon is expressed for all Papists who are adverse to our Doctrine in generall except some few egregious Ecclesiasticall hypocrites may passe unpunished notwithstanding this Canon while Protestant Ministers may bee undone for refusing to sweare to some particulars of Discipline But that wee shall not feare if you please to looke upon the most reverend and religious Bishops of the Primitive times who as your owne Apologist hath testified of them r Bish Hall in his book of Episcopacy part 1. sect 18. pag. 112. were made all of meeknesse humility and patience if you be like unto them and while you take them for your Ancestors you should not bee unlike them you will never make us feele the rigour of this ruinating Canon 4. On Policy Fourthly in religious Policie you may with as much advantage to your selves as to us forbeare the urging of this Oath for give us leave wee beseech you to tell you the truth though such as hope to help forward some ambitious designe by your favour say otherwise the Bishops if they have not added to the number of the enemies they had before have yet lost more friends by proposall of this Oath and Penalty then by any Act that is knowne to be theirs and withall have thereby raised a suspition that themselves do doubt their dignity is not set upon a sure foundation It is cause of jealousie to many when such as are reputed politicke are too cautelous in their own cause and for that was ſ Novatianus juramentum exegit à suis priusquam Sacramentum daret sic suis utrisque manibus manus accipientis prehendens non priùs dimisit quà m hoc jurejurando obstrinxisset Jura mihi per corpus sanguinem Domini te nunquam me deserturum nec ad Cornelium reversurum Baron Annal. tom 2. an 254. nu 75. col 504. Novatianus the father of the Puritans though a Bishop the worse thought of for good Bishops used to exact no such unreasonable security for themselves because hee caused his Adherents to put their hands betwixt his and to sweare by the body and bloud of the Lord they would not forsake him and turne to Cornelius And this hee did before hee would give them the Sacrament but besides that such a forced confederacy is but t The Patriarch of Antioch to make sure worke bound Prince Reimund by an Oath to be true to him but friends unjustly gotten are seldome comfortably retained and of his sworn friend he proved his sworn enemy Mr. Fullers holy War l. 2. c. 20. p. 69. fraile By this his Episcopacy was the more suspected to be both unlawfull and schismaticall It hath fallen out so whether justly or unjustly we will not say in many mens conceipts of the Right and Authority of Bishops both since and by occasion of this swearing Canon And they cannot more readily redeeme their reputation then by a speedy procuring of a repeale or revocation thereof as we doubt not but they may by publicke Authority Wherein if they appeare and prevaile they need not feare any disparagement to their prudence by withdrawing that they have decreed since the wisest Statesmen and greatest Governours have used many times to comply so farre with popular dispositions as to vary their own Acts with relation to their liking as the Pilot doth his sailes to comply with the winds And you cannot have a more Authentick example both to induce you to this and to defend you in it from all imputations then that of our sacred Soveraigne who rather then he would give any colour of complaint for aggrievances to his people was pleased u King Charles his large Declaration of the Tumults in Scotland p. 370. p. 389 to dispense with the five Articles of Perths Assembly and to discharge all persons from urging the practise thereof upon any either Laick or Ecclesiasticall person whatsoever and to free all his subjects from all censures and paines whether Ecclesiasticall or Secular for not urging practising or obeying any of them though they were established both by a generall Assembly and by Act of Parliament as this Canon was not And for his owne Acts for these Articles of Perth were propounded and ratified in the reign of his Royall Father he imposed the Service book the book of Canons and high Commission upon his subjects in Scotland and upon their x The Duplies of the Divines of Aberdene pag. 54. humble supplication was content graciously to grant a discharge from them passing his Princely promise y Ibid. p. 130 131. that hee would neither then nor afterwards presse the practice of them nor any thing of that nature but in such a faire and legall way as should satisfie all his Majesties loving Subjects Wherein wise men who judge of Consultations and Acts by their probable effects and not by unexpected events cannot but highly commend his Majesties mildnesse and clemency which we doubt not would condescend to your requests for a removall of this great aggrievance if you would be pleased to interpose your mediations to so acceptable a purpose and upon our humble suit which in all submissive manner wee tender to your Lordship and by you to the rest of your reverend order we hope you will doe so since we have it upon his word his Royall Majesties word which neither in duty nor discretion we may distrust z The Kings large Declarat p. 420. That the Prelates were their greatest friends i. of his Scottish Subjects their counsells were alwaies counsells of peace and their solicitations vehement and earnest for granting those unexpected favours which we were pleased to bestow upon our people Bestow we beseech your Lordship some of these vehement and serious solicitations on our behalfe in this cause and you shall not more free us from the feare of this Canon then bind us in love the best love which casteth out feare to remaine Your Lordships in all due observance