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Defense Doubts Hopes and Reasons for Refusal of the Oath Imposed · John Ley

Defense Doubts Hopes and Reasons for Refusal of the Oath Imposed, Section 1

1. Of the firſt part of the Oath.

I A.B. doe ſweare,1. Of the parts of the Oath. that I doe approve of the Doctrine, Diſcipline, or Government of the Church of England, as containing all things neceſſary to ſalvation.

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

THE DOUBT.

What is meant by Diſcipline or Government,1. Particular Doubt. whether the ſame things, or no; and, if the ſame, what they be?

THE REASON.

BEcauſe in divers Authours wee find them many times diſtinguiſhed; but there they ſeeme to bee the ſame. The wordſThe points of Diſcipline, Government, and Policie of the Church, &c. The Kings large Declaration, p. 330. Policy is taken with them into ſociety of the ſame ſignification by his Majeſtie, in his late large Declaration.

And all three ſignifie (with reference to the Church) Eccleſiaſticall callings, ordinances, and the exerciſe and application of them, to ſuch as are ſubject to them both: wherefore they that are beſt acquainted with them all, ſtile their bookes of them indifferently, of tMr. Travers or Udals Eccleſ. Diſcipline.Eccleſiaſticall Diſcipline, uDr. Bridges his defence of the governmēt of the Church.Church Government, andxMr. Hookers Eccleſ. Policie. Eccleſiaſticall Policie: and in a large ſenſe the terme Diſcipline containeth themyThe diſpute againſt Engliſh Popiſh Ceremonies, c. 8. ſect. 8. as it is cited in the Scottiſh Duplies. p. 93. all. And ſo it is taken byzArchbiſhop Whitgifts Reply to T.C. pag. 372. So alſo in the Hiſtory of the Councell of Trent, l. 2. p. 135. And Biſhop Hall of Epiſcopacy, part. 3. p. 4. Archbiſhop Whitgift, where he reduceth all that concerneth Religion to Doctrine and Diſcipline; and ſo it ſeemeth they doe who compoſed the Oath, as appeareth by their entrance into it.

And though ſometimes that word be ſtrictly taken for the cenſure of manners, or correction of offenders (as in the Preface of the Communion Booke uſually read upon Aſhwedneſdaies) yet in a large ſenſe (and that very familiar) it is put for the whole policy or government of the Church: whethera—of which Diſcipline the maine and principall parts were theſe; a ſtanding Eccleſiaſticall Court to be eſtabliſhed, perpetuall Judges in that Court to be their Miniſters: others of the people, twice ſo many in number as they, annually choſen to be Judges with them in the ſame Court. Maſter Hooker, Praefat. of Eccleſ. Polit. pag. 5. Maſter Cartwr. Archbiſh Whitgiſt. Rep. p. 2. Presbyteriall, as in Geneva; or Epiſcopall, as with us; a principall part whereof is Hierarchicall Imparity: in that ſenſe it was ſaid by MaſterbMaſter Mountag. Appello Caeſarem, p. 108. Mountague, That the Synod at Dort in ſome points condemneth the Diſcipline of the Church of England, meaning eſpecially the Government by Biſhops; and ſo alſo did thecDominus Epiſcopus Landavenſis—de Diſciplina paucis monet, nunquam in Eccleſia obtinuiſſe Miniſtrorum paritatem non tempore Chriſti ipſius, &c. ſic Synod. Dord. ſeſsione 145. April. 30. Antemerid. Biſhop of Landaffe take it, when in anſwer to him, and confutation of him, hee repeated the defence made by himſelfe, for the Hierarchy of the Engliſh Church, in that Synod, noting in few words, concerning the Diſcipline, That the Church never had a parity of Miniſters, no not in Chriſts time, wherein there were the twelve Apoſtles, ſuperiours to the 72. Diſciples, which he ſheweth was not contradicted by that Synod. In the ſame ſenſe it is uſed bydPatres non volentes, ſed neſcientes, non per Apoſtaſiam aut contemptum, ſed per infirmitatem & ignorantiam lapſi ſunt, qui in Diſciplina aberrarunt. Parker de Polit Eccleſ. lib. 2. cap. 8. where by Diſcipline muſt be underſtood the Government by Biſhops. others, who are not of the ſame mind in the point of Epiſcopacie.

The obſervation of this imparity, in giving precedence to Superiours, is called Diſcipline, in theeScimus inviolatè permanſiſſe Eccleſiae Diſciplinam, ut nullus fratrum prioribus ſuis ſe auderet anteponere. Concil. Milevitan. Can. 13. thirteenth Canon of the Milevitan Councell: the Ceremonies alſo in rule and practice, are reduced to Diſcipline in the prefatory Declaration before the Communion Booke, under this title [Of Ceremonies, why ſome aboliſhed, ſome retained] where it is ſaid, that ſome of them doe ſerve to decent order, and godly diſcipline: and againe, without ſome ceremoni…s it is not poſsible to keep any order, or quiet diſcipline in the Church; which implyeth both the conſtitution and obſervation of them: and to this acception of the words Diſcipline and Government in this Oath we rather incline; but cannot of our ſelves ſo certainly reſolve it, as that we dare ſweare it.

DOUBT 2.

What is meant by the Church of England?2. Particular Doubt.

THE REASON.

BEcauſe of the ambiguity of the terme Church, which is variouſlyfSee Doctor Downham in the defence of his Sermon. lib. 2. c. I. p. 4. Maſter Jacob in his book of the neceſſity of Reform. the Miniſt. and Cerem. Aſſert. 1. pag. 6. with others. diſtinguiſhed; but eſpecially, becauſe the new Canons bring in a new acception of that word (new in reſpect of the language of Proteſtant Divines) for in the fourteenth Canon, where caution is given concerning commutation of penance, by the Biſhop, or his Chancellour, there is this proviſo, That if the crime be publickly complained of, and doe appeare notorious, that then the office ſhall ſignifie to the place from whence the complaint came, that the Delinquent hath ſatisfied the Church for his offence.

The ſatisfaction is by the payment of a pecuniary mulct, that is made to the Biſhop, or his Chancellour; either of them then, or both together ſeemeth to bee called the Church in that Canon: and that contraction of a word of ſuch a large comprehenſion (as the right acception of it requireth) might breed ſome ſuſpicion of ſymbolizing with the Popiſh Dialect (though the ſenſe bee not Popiſh) wherein by an intenſive Synecdoche, that which is moſt extenſive, and diffuſed all over the world, is ſhrunke up into the perſon of one man, the Pope. But becauſe the matter of commutation in that Canon, is of a narrower compaſſe then either Doctrine or Diſcipline in this, wee may take the word Church in a larger acception; and that may be either for the Clergy in generall, when it is uſed by way of diſtinction from the Laity, or as the 139. Canon decreeth it [The Church repreſentative in a Synod which gEpiſcopi ſunt Eccleſia repreſentativa, ut noſtri loquuntur. Bellar. l. 3. de Eccleſ. c. 14. Archbiſhop Laud ſeemes to take the word Church for the Biſhops, in the Epiſtle Dedicatory before his Starre-chamber Speech, where he makes requeſt in the Churches name, that it may bee reſolved by the reverend Judges, that keeping of Courts, and iſſuing of proceſſe in the Biſhops names—are not againſt the lawes of the Realme. fol. penult. p. 1.Papiſts reſtraine to Epiſcopall Prelates] Or as the 19. Article taketh it, A viſible congregation of faithfull men, in which the pure Word of God is preached, and the Sacraments duly adminiſtred: Or as in the 35. Article, it may ſtand for the place where the people are aſſembled, and holy offices performed; but which of theſe, or whether any other ſenſe of the word [Church] bee meant in this place, we leave it to thoſe, who have authority to interpret the Oath, to reſolve.

DOUBT 3.

Why the Diſcipline is linked with the Doctrine of the Church of England for neceſsity of ſalvation.3. Particular Doubt.

THE REASON.

BEcauſe it ſeemeth to us, to coaſt ſomewhat towards the conceipt of Franciſcus à Sancta Clara, Provinciall of the minorite Friars, who holdeth,hUbi 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,iEpiſcoporum neceſſitatem inficiari nihil aliud eſt quàm Dominicae paſ…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)kHoc aſſerere nihil aliud eſſet, quàm 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,lCaecus 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,mPuritanorum 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,nHaec 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 onelyonly as a pinnacle of honour, but as a pillar of ſupport to the Church, wrote thus againſt the Browniſts, I oSo 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 ſamepBiſhop Hall his prop of Church government, added to his Irrefrag. prop. pag. 6. Authour ſtateth their preheminence) but onelyonly 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,qUbi 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,rPlacuit 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 theſArchb. 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 [tUbi 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 uSee 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 not much better, then that we have noted of the Minorite Friar. For the ſaying of Hierome, That it is not a Church that hath not Sacerdotem, we that are Presbyters may as well conceive, that he meaneth a Presbyter, as he (a Biſhop) that he meaneth a Biſhop; and Hierome a Presbyter, as wee are, if he were alive, would (as wee verily beleeve) give ſentence on our ſide: For,

Firſt, it cannot bee denied, that though there bee more dignity in a Biſhop, the is more neceſſity of a Presbyter; that is, of one to officiate in preaching the Word, and adminiſtration of the Sacraments (whereof there is continuall uſe) then of a Biſhop to ordaine (if none could doe it but a Biſhop) which is required but ſometimes: and though a Biſhop performe the ſame acts, yet hee doth them not as a Biſhop, but as a Presbyter.

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

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

Fourthly, if the place in Hierome be unpartially peruſed, it will not make much for the neceſſity of Biſhops: for Hierome (in his Dialogue againſt the Luciferians (whence the quotation is taken) ſpeaketh of onexHilarius cum Diaconus de Eccleſia receſſerit—cum homo mortuus ſit, cum homine pariter interiit & ſecta: quia poſt ſe nullum clericum potuit ordinare. Hieron. adverſ. Luciferian. Dialog. tom. 2. fol. 49. col. 2. Hilarius (a ſchiſmaticall Deacon) who dyed in the ſchiſm, and his ſect with him: becauſe being but a Deacon, hee could not ordaine a Clerke to ſucceed him; upon this, ſaith Hierome, yEccleſia autem non eſt, quae non habet Sacerdotem. Ibid.It is not a Church, which hath not a Prieſt.

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

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

Anſw. 1. Hierome knew well enough, that of old (though it were otherwiſe in his time) Biſhops alone did not ordaine Church Miniſters, but the Presbytery with them, 1 Timoth. 4.14. if not without them; for many hold, that at that time there were no Prelaticall Biſhops above their brethren; & even to this day there is a ſhadow of that ſociable power (in ordination of Miniſters of the Church of England) retained in practice, by the impoſition of the hands of Presbyters with the Biſhop; and required by conſtitution in the 35. Canon of the yeare 1603. And ſome learned Papiſts are of opinion (though it come too neere the truth, to be common among them) that Biſhops may delegate their power, both ofzEpiſcopum in ſua provincia poſſe committere ſimplici ſacerdoti, quod conferat ſacramentum Confirmationis. Martin. Ledeſma prima 4ti. qu. 13. a. 11. Confirmation and of*Epiſcopos poſſe delegare poteſtatem ſacerdoti ordinandi ſacerdotes, aequè ac Papam. Novarienſ. tract. 1. part. 2.13. apud Fran. à Sancta Clara Apolog. Epiſcop. pag. 249. Ordination, to Presbyters or Prieſts.

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

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

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

Fifthly, if Hierome in this place, being zealous againſt ſchiſme, ſpoke ſomewhat too freely in favour of Biſhops, which yet is doubtfull (though more probable that he ſpoke on the Presbyters ſide, then of the Biſhops.) It is certaine, that in other places (which wee ſhall obſerve afterward) hee expreſſeth himſelfe farre from ſuch fondneſſe of affection to Biſhops, as his Lordſhip deduceth out of his words. So much for the Teſtimonies of Hierome, wherein wee crave his Lordſhips patience and pardon for our boldneſſe, ſince his explication and application thereof for the neceſſity of Biſhops, to the being of a Church; and ſo (by conſequence) to ſalvation, hath put a neceſſitie upon us, ſeriouſly to examine what hee ſaid and meant.

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

Anſw. 1. There is neerer affinity betwixt Preaching and Doctrine, then betwixt Preaching and Diſcipline, which is exerciſed more in matter ofaQuid prodeſſet diſciplinam habere in converſatione, ſcientiam in praedicatione, niſi ad ſit bonitas in intentione. Sermo ad paſtores in Synodo congregatis. Inter opera Bernardi. col. 1730. converſation and practice, then of preaching: and therefore a preaching Miniſtry is comprehended rather under the head of Doctrine, then of Diſcipline.

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

But for the Adjuncts and Appendences to the calling of Biſhops, which Biſhop Hall callethbDiſtinguiſh betwixt the ſubſtance of their callings, and the not neceſſary appendences. Biſhop Hall in the Corollary of his ſeven Irrefragable propoſ. pag. 7. not neceſſary, for many particular Canons and Ceremonies, in conſtitution or practice (which yet come under the name of Diſcipline or Government, as hath been ſhewed) they ſtand at a farre greater diſtance from neceſſity to ſalvation: and therefore they are denied by thecArtic. 34. Doctrine anddIn the Preface of the Communion book concerning Cerem. why ſome are retained, and ſome aboliſhed, printed 1625. Liturgie of our Church, to be neceſſary to bee in all places, and at all times, one and utterly alike: and if Generall Councells ſhall decree things to be neceſſary to ſalvation, which cannot be ſo declared by Scriptures, theeArtic. 21. ſame Doctrine teacheth, that they are not to bee received: for that would conclude damnation on ſuch Churches as are without them.

There be degrees of neceſſity we grant, as where it is ſaid in the Catechiſme of the Communion booke, That there bee two Sacraments as generally neceſſary to ſalvation; Baptiſme, and the Lords Supper [onelyonly two] Sacraments in a proper ſenſe, though in a large acception there may bee (as the Papiſts ſay) five more; as one ſaith,fDr. Meyer his explanat. of the Catechiſm. q. 181. p. 494. ſeventeen; as another,gDr. Reynold in his confer. with Hart. pag. 523. twenty ſeven [generally neceſſary] that is, neceſſary for the ſtate of the Church in generall; without which it cannot be a true ſaving Church; not neceſſary for every member of it in particular, or neceſſary for particular perſons, if God give convenient opportunity for them: not that God cannot, or will not ſave without them, where his ordinance is by himſelfe denied, not by men deſpiſed or ſlighted. Thus we avoid thehIn Catechiſmo duo Sacramenta neceſſaria ad ſalutem. Quid, ſuntne alia Sacramenta, quae non ſunt generalia, & omnibus communia, ut Ordinatio; alia generalia, ſed non neceſſaria, ut Confirmatio? Didoclau. Altare Damaſcen. p. 357. The other five (though commonly called Sacraments) are not to be accounted Sacraments of the Goſpel, being ſuch as have growne partly of the corrupt imitation of the Apoſt. Confer. at Hampt. Court. p. 31. acception againſt our Catechiſme, made by ſome miſtaken (though wellminded) brethren; and ſo alſo ſhunne the Popiſh neceſſity of that Sacrament which is injurious to the ſalvation of little children, departing this life before they have received the Sacrament of Baptiſme. But thus wee cannot ſalve the neceſſity of Diſcipline: for, though Diſcipline bee neceſſary for the Church, yet the particular Diſcipline of our Church is not neceſſarie to ſalvation; ſo that they cannot be true Churches, and ſalvation in them, which have it not.iAdverſarii nullam per Presbyteros ordinationem eſſe validam, niſi in caſu neceſſitatis: i quando deſunt omnino Epiſcopi, aut deficiunt à fide. Ibid. p. 220. For where there is a defect of Biſhops, or Biſhops make a defection from the faith, there an ordination by Presbyters is confeſſed to bee valid, by thoſe who are no friends unto the Presbytery: an Ordination not onelyonly of Presbyters, but of Biſhops, askDr. Field of the Church. lib. 5. c. 56. pag. 704. Doctor Field hath determined: For (ſaith he) in caſes of neceſſity, as in revolt from the faith, or where Biſhops will not ordaine, but ſuch as conſent to their Hereſies; when there is no hope of better, Presbyters may chooſe out one among themſelves to be chiefe, and ſo adde others to their numbers, by the impoſition of his and their hands; which giveth us occaſion rather to admire, then to beleeve, That Prieſts made at Rome or Rhemes, revolting from their Popiſh Religion, ſhould bee admitted to Benefices in our Church, without a new ordination: and that they who were made Miniſters in Tranſmarine Churches, ſhould not be admitted, unleſſe firſt they were by Biſhops ordained Deacons and Presbyters, aslSacerdotibus Pontificiis ordinatis regnāte Mariâ, ſive Romae, ſive Rhemis, non opus erat novâ ordinatione; ſed Mariani Sacerdotes retenti in hunc uſque diem, Terellus, Tytherus, &c. Contra, qui erant legitimi in Eccleſiis Tranſmarinis Miniſtri, non ſunt capaces Beneficiorum, donec priùs creati fuerint Diaconi Presbyteri, per Praelatos, ut oftendit exemplis Whitingami, Traverſi, &c. Didoclau. Altare Damaſcen. pag. 220. Didoclavius reporteth out of Johnſon the Browniſt. And ſome of us remember, that ſome of thoſe who preferred Epiſcopacy above the Presbytery, as gold above ſilver, did yet allow it to be maintained in the Divinity Schoole,mOrdinatio Miniſtrorum in Eccleſiis Reformatis eſt legitima. This was publickly held in Doctor Hollands time, who in the Act, July 9. an. 1608. concluded, Quod Epiſcopatus non eſt ordo diſtinctus à Presbyteratu, coque ſuperior jure divino. That the ordination of Miniſters in Outlandiſh Churches is lawfull, though without Biſhops. There was then no neceſſity, that they ſhould be ordained againe, to make them capable of Benefices (unleſſe ſome poſitive Conſtitution of our Church required it) much leſſe was it neceſſary to ſalvation, either their owne or others, that Biſhops ſhould conferre any new orders upon them. DoctornDoct. Willet Synop. Papiſm. 5. Gen. controv. append. ad. 3. quaeſt. p. 274. Willet mentioneth another neceſſity of the diſtinction of Biſhops and Prieſts, and ſo of Epiſcopall Government, or Eccleſiaſticall Diſcipline; and that is for the avoiding of Schiſmes: for elſe (asoTot eſſent Schiſmatà, quot Sacerdotes. Hieron. adverſ. Luciſerian. Hierome ſaith) there would bee as many Schiſmes as Prieſts; but this neceſſity will not ſerve to make the Croſier-ſtaffe of Diſcipline equall to the Marble Pillar of Doctrine, for ſupport of ſalvation.

There is yet another neceſſity conceived of a contrary Diſcipline:pThe Kings large. Declarat. pag. 351. For (in Scotland) a parity of Miniſters is preferred (as Gods ordinance) to Epiſcopacy, an humane conſuetude: and this ordinance of Diſcipline (without Biſhops) was conceived by the Divines ofqMr. Hookers prefat. pag. 4. Geneva as everlaſtingly required by the Law of the Lord of lords, againſt whoſe Statutes there is no exception to be taken: and of this wee may ſuppoſe Maſter Cartwright ſpoke, when hee ſaid,rMr. Cartwrig. ſee Archbiſh. Whitgif. Reply, pag. 44. The things that he and his party ſtood for were ſuch, as that if every haire of their head were a life, they ſhould lay all downe for the defence thereof: And there are ſome ſo rigid to ſuch Churches as want it, as to hold, they want a principall meanes of their ſalvation.

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

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

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

Firſt, we are bound to embrace the Decrees of an Apoſtolicall Councell, without all doubt or ſuſpicion of errour; but wee are not ſo to entertaine any Conſtitutions of men, ſince their time, whether ſingle, or aſſembled in Synods Dioceſan, Provinciall, Nationall, or Oecumenicall; ſince, as our Church reſolveth in the 21. Article, they may erre, and have erred in things pertaining to God: which the Apoſtles never did, nor could doe in any thing they taught, or decreed, to be received by the Church.

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

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

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

If to mollifie the rigour of this combination of Doctrine and Diſcipline for neceſſity to ſalvation, there bee found out other diſtinctions, then ſuch as have been touched, either concerning Diſcipline, or ſalvificall neceſſity, they may haply ſerve to ſalve an objection in Scholaſticall diſpute, rather then to ſatiſfie the conſcience againſt all doubt, ſo as is neceſſary to the due and ſafe taking of an Oath; though Diſcipline in particular (as hath been ſhewed) be not neceſſary to ſalvation: and if it be not, it ſeemeth to be ſet in the Oath as an Aſſociat with the Doctrine (as to that effect) like Bibulus with Caeſar in the Conſulſhip, when*Non Bibulo quidquam nuper, ſed Caeſare factum eſt: Nam Bibulo fieri Conſule nil memini. Sueton. in Jul. Caeſ. nu. 20. p. 16 Bibulus, as a ſingle Cypher (ſtanding for nothing) did nothing as a Conſul, but Caeſar did all; ſo that the ſaying was, Julius and Caeſar were Conſuls, not Caeſar and Bibulus. And if ſo, it is too neere a nonens, and ſo a kind of trifling, unmeet (as we thinke) for ſo ſerious and ſacred a matter as an Oath.