1. Whether this Oath be legally imposed, so as to bind all the Clergy to take it?

The ground of this Quære is, because that since the submission of the Clergy of this Kingdome the Conuocation is bound by the statute of 25. Hen: 8. 19. from decreeing, or executing ought repugnant to the Customes, Lawes, or Statutes of this Realme; Now we finde not that this Oath is warranted by the Lawes, or Statutes, & so we cannot tell whether it be contrary to the Answer of the Petition of Right 3 Caroli, & we beleiue it to be contrary to the Customes of the Realme, because we take The Title is An Oath for preuenting of all Inno_ uations &c. it to be altogether new, & never before imposed in this Church, & so it crosseth the veryx Title of the Canon whereby it is enjoyned. Yea we finde Tom: 3. Concil: par:1: sec: 2. cap. 13 pa: 193. edit: Binian: 4o. 1618. Dictum est interea de quibusdam fratribus, quod eos, quos ordinaturi sunt, jurare cogant, quòd digni sint, et contra Canones non sint, facturi et obedientes sint Episcope, qui eos -rdinat, & Ecclesiæ in qua ordinan_ tur. Quod juramentum quia periculo_ sum est, omnes una inhibemus. that inx Concilium Cabilonese 2 sub Carolo magno cap: 13 such an Oath was con_ demned, & cashiered quia periculosum . Notwithstanding which Councell we doe not scruple the Oath of Canonicall Obedience time out of mind continued, & by laudable Custome in this Church duely administred to Ministers taking Institution, or receiuing Collation to any Bene_ fice with Cure of soules./

2 What is meant by the Doctrine, & Discipline, or Gouernment established in the Church of England.

The Reasons of this Quære are, 1. we know not whether the Synode meant by Doctrine the 39. Articles of 1562. only, according to his Majesties Declaration before the Articles anno. 1629. or doe extend it further to other Doctrine authorized, or established; according as his Majestie in his late Commission under his great seale to the Conuocation directed to enable them to make Canons, seemes to enlarge it; & if they doe so extend it, we know not what that other Doctrine is, & so cannot safely sweare to it, or for it, till it be decla_ red; nor then further then it may be declared to be taken out of the holy Scriptures. Seing by the 21 Article of 1562. we finde not other suffi_ cient warrant to ground an Oath upon, although propounded by a Gene_ rall Councell.

2 We know not whether by Discipline they meane only the Canons & Constitu_ tions of the Church, or other things beside; & if the Canons, then what Canons? some of the ancient ones being growne out of use, & others altered; neither of which (as we conceiue) ought to be, if the Discipline be necessary to salvation, & the Canons being so many, & at so many, & different times (so far asun_ der) made, how can any man sweare to that part unlesse it be in terminis set forth, what those be which we sweare unto? If the Discipline containe ought else, why is not that clearely expressed in terminis terminatibus?

3 Whether is meant that the Doctrine, & Discipline containe all things necessary to salvation Conjunctim, or Diuisim ? The Reasons of this Quære, 1. If Conjunctim , we doubt of it because we take all things necessary to salvation to be contained in the Articles of 1562. as grounded on holy Scripture (else the Doctrine of the Church of England should be insufficient to saluation) & not at all in the Discipline as distinct from the Doctrine. Not but that we yeeld the Discipline to be lawfull, but cannot admitte it to be necessary to saluation. And he that will directly sweare it to be in both (as we are required by the Conjunction & yet beleiues it to be but in one of the two, doth (as we conceiue) coast upon perjury; as he that sweares a summe of money to lye hid in this heape, & that heape of sand, when yet he beleiues it to be hid on one heape only.

2 If diuism , then it must be understood of the Doctrine only, or of the Discipline only; or of both in different respects seuerally, & apart. If in this last sense, we thinke it needfull that those severall respects be explai ned, & declared to take a way ambiguity, which must not crowd into an Oath. And if it be meant but of one of these only, that ought to be expressed, & the other cashiered as superfluous, that it may not be, as to that branch a vaine Oath. Qui absque necessitate jurat, peccat, say the Casnists, which holds in every part of an Oath, as well as in the whole. And how ever it be ta_ ken, to enjoyne all to sweare the Discipline to be necessary to salva_ tion implyes a Condemnation of all Protestant=Churches abroad, that haue not the same Discipline, or Government, as wanting something ne_ cessary to salvation, & the essentiall Being of a true Church. And it seemes to be a large, & wide step at first, since that we haue not yet read, nor heard any such position in those termes, so much as by bare assertion maintained. And the newnes of the expression makes us afraid, especially considering that ancient Constitution under ArchBishop Arundell. Statuimus, et sub obtestatione diuini judicij inhibemus, nè quis, vel qui cujuscunque gradus, status, aut conditionis existat, con_ clusiones, aut propositiones de fide Catholicâ, aut bonis moribus adver sè sonantes, præter necessariam doctrinam facultatis suæ in scholis, aut extra, disputando, aut communicando, protestatione præmissâ, aut non præmissâ asserat, vel proponat, etiamsi quadam verborum, aut terminorum curiositate defendi possint. Nam teste Beato Hugone desacram: Sæpius quod benè dicitur, non benè intelligiter And if nouell expressions must be auoyded in ordinary discourse, how much more in an Oath? /

4 What is meant by that clause (Nor will I ever giue my consent to alter the Gouernment of this Church by Arch-Bishops, Bishops &c?

The Reasons of this Quære, If this promissory clause, I will never giue my consent to alter, be sworne absolutely, so as no Reuocation, or alteration made herein by his Majestie in or out of Parliament at any time (if there shall be cause so to doe) shall make us consent to such an alteration, we thinke this to be contrary to our Oathes of allegiance, & supremacy, & a binding ourselues to resist Authori_ ty if any alteration shall be hereafter made upon any reason whatsoeuer. If it intend only to binde us till such an alteration & abrogation of the present Gouernment be made, why is it so peremp_ torily sayd, I will never consent, which in ordinary construction is for perpetuity, & admitts of no termination unlesse it be expressed. And albeit Casnists tell us, that such an Oath (if not limited so inter_ mes) binds not if the Gouernment be altered by Authority; yet they dare not acquitt him of rashnes & sinne, who doth not in swearing so limit his words as that such an alteration be clearely expressed.

5 Whether there be the same reason of not consenting to alteration of Gouernment by Deanes, & Arch=Deacons, as there is of not consenting to alter that of Bishops?

The Reason, because Deanes, & Arch=Deacones were never esteemed such helps in Gouernment, as if they were of the same Institution, & founda_ tion. with Bishops, & therefore may more easily be changed, if Autho_ rity finde cause, so that we see not cause to riuett them into the unalterable Canon: 7: Order by the sacred bond of an Oath. The Canon of 1603. requires no more but to acknowledge the Gouernment of the Church not to be repug_ nant to the word of God. which Canon is part of the Discipline establi_ shed (as we conceiue) & so that acknowledgement may suffice without an Oath.

6 What is meant by &c. /

The Reason, because we neuer read, or heard, that an &c was euer put into the body of any Oath either among Christians, or Pagans, & doe beleiue it to be without all president, & contrary to that plainenes & per_ spicuity which ought to be in all Oathes, for either it imparts some other persons or things, which are not named, & then it is an ambiguous Clause, which ought not to be admitted into an Oath; or else it signifies nought at all, & then it is too vaine, & triuiall for men in so graue an action to pawne theire soules upon, & cannot be lesse then taking Gods name in vaine, which Clergy=men of all others should most shun, especi_ ally in such solemne swearing.

7 What is meant by that clause (As it stands now established, & as by Right it ought to stand?

The Reasons of this Quære are; 1 It is not cleare whether Tò vlum be meant of any new establishment by that Synode, or the establish ment by Parliament 1: Eliz: & 8. Eliz: 1 If it be meant of the lat_ ter, then 2ly it appeares not what is that Right by which it ought to stand, but only that which it hath from such an establishment, viz: by the positiue Lawes of the Kingdome, which is a meere Tautologye (if that be the meaning) for who doubts, but that which is established by the Law of the Land ought to stand by the Law of the Land? & whether that will content the Reuerend Bishops we much doubt. And if any other Right were intended, which we verely beleiue) then ought that Right to be expressed, that we may know what we sweare unto, especially in a poynt so much questioned, & disputed in the world, & not positi_ uely decided by this Synode, or any other in this Church of England for ought we know.

8 Whether our Consents, & suffrages are so inuolued in the New Canons & the Oath before mentioned, that we cannot refuse this Oath?

The Reason of this Quære, because we conceiue the late Conuocation whereunto we sent our Votes (in the persons of those Clerks chosen by us to assist therein) ended with the Parliament May 5th & that by the dissolution of that Parliament our Votes, & suffrages returned backe to us againe es_ pecially considering, that the first Commission granted to the Conuocation April 15. was of force no longer then during that then present Parlia ment, & that the persons same persons formerly elected for our Clerkes & Procuratours in the lower house (ut vulgo dicitur) of Conuocation had no new Election by the rest of the Clergy, nor any new writt for enabling them to continue their Assembly (for ought we can yet finde) but on_ ly a new Commission to goe on with the Canons not concluded upon by the Synode before the dissoluing of the Parliament. And that theire 2d Commission beares date May 12th so that they were not only without au_ thority of a writt, & new Election thereupon to continue a lawfull Synode, representing the whole Prouince of Canterbury but also without a Commission to make, or perfect Canons formerly begun by the space of a whole weeke after the Parliament was dissolued.

These Quære’s we finde the more cause to insist upon because of the last Clause of the Oath, viz, that we must sweare all this (according to the plaine, & com_ mon sense, & understanding of the same words, & that heartily, willingly, & truely, upon the faith of a Christian, which we cannot doe till the former doubts be cleared, & the Oath made so plaine, that we cannot mistake the meaning, which is now so amphibolos that we cannot understand the meaning so as to aduenture an Oath upon it, in case it should appeare to be law_ full, & meete (which we doubt) to multiply Oathes, or Decisions de fide beyond great, & unauoydable necessity./