Defense Doubts Hopes and Reasons for Refusal of the Oath Imposed, Part 3
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 (ſaithaAzor. 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, asbDecanus 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 SaintcAug. 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 (asdDuaren. 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 moreeIn proceſſe of time Archipresbyters were called Decani. Biſh. Downh. li. 1. pag. 188. of the defence of his ſerm. ancient name of ſuch wasfConcil. Turon. 2. Can. 6. an. 566. & Concil. Antinodor. Can. 40. an. 615. Archipresbyter, that is, as the word importeth (andgPresbyterorum 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, andhSo by the name of Archipresbyter is hee called, and put before the Archdeacon. Concil. Carthag. 4. can. 17. before Archdeacons: and though the ArchdeaconiArchidiaconus 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 BiſhopkThe 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 calledlArchipresbyteris 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 bymLindw. 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, thenDecani 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 (asoBy 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 BiſhoppBiſhop 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 laterThe 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 theſMaſter 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,tReform. 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 learneduDoct. 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 xEpiſcopus 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 ySi quis ex Secularibus inſtitutionem aut comminationem Archipresbyteri ſui contumacia faciente audire diſtulerit, tam diu à limitibus Eccleſiae habeatur extraneus, quàm 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 zArchipresbyter 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. 1736Archipresbyter 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 callingaDecanos 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 bCrimina & 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 thecConcil. 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 DoctordDoct. 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 ſoeDiaconos 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 (asf3. Partic. Doubt. pag. 20. lit. q. before we have noted under another title) hee ſaid,gSine 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 DoctoriDoct. 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. BiſhopkArchidiaconatus gradus eſt novus. Biſh. Andr…n Reſp…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 oflDecret. 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 themConcil. 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. à Reformat. leg. Eccleſ. de Eccleſ. & Miniſt. c. 6. fol. 48. b. Azor. Inſtit. tom. 2. l. 3. cap. 43. col. 448. Doct. Couſ. de pol. Eccleſ. Angl. c. 6. Certaine Canons containing ſome points of Diſcipline approved in the Synod. 1571. Margin; ſo that from Conſtitution their Authority flyeth for refuge to Preſcription: of which Doctor Field ſaith thus,nDoct. 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 onelyonly 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 onelyonly: 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,oCan. 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,oQuicquid 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 ofqThe 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 allrCan. 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 theſI 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 'tis moſt certaine they are not) that ſo the Church Governours may goe on cheerfully in their duty, and the peoples minds be quieted by this aſſurance, that neither the law nor their liberty, as ſubjects, is thereby infringed. L. Archb. his Epiſt. Dedicat. to the King before his Speech in the Starre-chamber. 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:
tThe Kings Preface before the late Can. pag. 9.Guardians of SpiritualtiesuSo 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.
xEpiſcopi 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.
yCan. 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 zVicarius 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.
aCan. 103.119.128.135. Convocat. 1603.CommiſſariesbSee 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.
cCan. 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 dLind. Tit. de ſequeſtr poſſ…ſſ. c. 1. verbo Officialis.Lindwood) with the addition of Foraneus.
eCan. 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 onelyonly 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.