the Scriptures there must be an acknowledgment of them as the indispensable rule of faith and manners which is that these books are the great Charter of the Christian society according to which it must be governed These things being premised as the foundation in general of Christian society we shall the better understand how far the obligation to communion in it doth extend For which it must be considered that the grounds of continuance in communion must be suitable and proportionable to the first reason of entring into it No man being obliged by virtue of his being in a society to agree in any thing that tends to the apparent ruin of that society But he is obliged to the contrary from the general grounds of his first admission into it His primary obligation being to preserve the honour and interest of it and to joyn in acts of it so far as they tend to it Now the main end of the Christian society being the promotion of Gods honour and Salvation of mens Souls the primary obligation of men entring into it is the advancement of these ends to joyn in all acts of it so far as they tend to these ends but if any thing come to be required directly repugnant to these ends those men of whom such things are required are bound not to communicate in those lesser societies where such things are imposed but to preserve their communion with the Catholick societie of Christians Pag. 291. Setting then aside the Catholick society of Christians we come to enquire how far men are bound to communicate with any less society how extensive soever it may pretend it's communion to be 1. There is no society of Christians of any one communion but may impose some things to be beleived or practised which may be repugnant to the general Foundation of Christian society Pag. 292. 2. There being a possibility acknowledged that particular Churches may require unreasonable conditions of communion the obligation to communion cannot be absolute and indispensable but only so far as nothing is required destructive to the ends of Christian Society Otherwise men would be bound to destroy that which they beleive and to do the most unjust and unreasonable things But the greater difficulty lies in knowing when such things are required and who must be the Judge in that case to which I answer 3. Nothing can be more unreasonable than that the society imposing such conditions of communion should be judge whether those conditions be just and equitable or no. If the question were only in matters of peace conveniency and order the judgment of the society ought to over-rule the judgments of particular persons but in such cases where great bodies of Christians judge such things required to be unlawful conditions of communion what Justice or reason is there that the party accused should fit Judge in her own cause 4. Where there is sufficient evidence from Scripture reason and tradition that such things which are imposed are unreasonable conditions of Christian Communion the not communicating with that Society which requires these things cannot incur the guilt of Schism which necessarily follows from the precedent grounds because none can be obliged to Communion in such cases and therefore the not communicating is no culpable separation Pag. 324. His Lordship delivers his sense clearly and fully in these Words 'T is too true indeed that there is a miserable rent in the Church and I make no question but the best men do most bemoan it nor is he a Christian that would not have Unity might he have it with Truth But I never said or thought that the Protestants made this rent The Cause of the Schism is yours for you thrust us from you because we call'd for truth and redress of abuses For a Schism must needs be theirs whose the cause of it is The Wo runs full out of the mouth of Christ ever against him that gives the offence not against him that takes it ever Page 325. I do say it now and most true it is That it was ill done of those who e're they were who first made the Separation But then A. C. must not understand me of actual only but of causal Separation For as I said before the Schism is theirs whose the cause of it is and he makes the Separation that gives the first just cause of it not he that makes an actual Separation upon a just Cause preceding And this is so evident a Truth that A. C. cannot deny it for he says it is most true That the Reader may clearly understand the full State of this Controversie concerning Schism the upshot of which is that it is agreed between both parties that all Separation from Communion with a Church doth not involve in it the guilt of Schism but only such a Separation as hath no sufficient cause or ground for it Page 131. There can be no Separation from the whole Church but in such things wherein the unity of the whole Church lies for Separation is a violation of some Union Now when men separate from the errors of all particular Churches they do not separate from the whose because those things which one separates from those particular Churches for are not such as make all them put together to be the whole or Catholick Church This must be somewhat further explained There are two things considerable in all particular Churches those things which belong to it as a Church and those things which belong to it as a particular Church Those things which belong to it as a Church are the common ligaments or grounds of Union between all particular Churches which taken together make up the Catholick Church Those things which belong to it as a particular Church are such as it may retain the essence of a Church without Now I say whosoever separates from any particular Church much more from all for such things without which that can be no Church separates from the Communion of the Catholick Church but he that separates only from particular Churches as to such things which concern not their being is onely separated from the Communion of those Churches and not the Catholick And therefore supposing that all perticular Churches have some errors and corruptions in them though I should separate from them all I do not separate from the Communion of the whole Church unless it be for something without which those could be no Churches An evidence of which is that by my declaring the grounds of my separation to be such Errours and corruptions which are crept into the Communion of such Churches and imposed on me in order to it I withal declare my readiness to joyn with them again if those errours and corruptions be left out And where there is this readiness of Communion there is no absolute separation from the Church as such but only suspending Communion till such abuses be reformed which is therefore more properly a separation from the errors than the Communion of such a
Uniformity came out of about 9000 Ministers that kept in and had laid by the Liturgy before about 7000 Conformed to the altered Liturgy before any of them ever saw it save a few by declaring their Assent and Consent the Act being known before the Book could be Printed and about 2000 were silenced by that Act. How they behaved themselves since then is so well known and I have here and oft declared and how the Plague first and the burning of the Churches next and the Kings Licenses next did give them the opportunities and calls which made more publick Preaching seem to them a duty that I shall not make recital of it § 5. All this while abundance of invectiues were poured out against them by many of the Conforming Clergy in Press and Pulpits and especially in the ears of great men to whom we had no access but seemed what such men described us to be The new Laws against Conventicles and the Oxford Act of Consinement had been added to the first Many were hunted up and down their Goods and Libraries distrained many were imprisoned some there died The Informers and Prosecutors grew weary They saw the severity came most from the Prelates and the Parliament the King being not for severity therein The Justices grew unwilling of Execution the Preachers reprove them and call on them to put the Laws in Execution they are greatly offended at the Kings Licenses they continue to accuse us for Schism at least and some of Sedition though we invaded none of their Temples nor askt them for any part of their maintenance And the Parliament and Prelates were so sharp against us that we durst not tell the world what we refused in Conformity and why lest we put them upon more severity nor indeed could we do it the Press was lockt up by so great penalties But while we were forced to silence we were lowdly called to to say what we stuck at and what it was that we would have And after 17 years such calls I ventured to name the things and hence is the storm of the present indignation § 6. I had before proved the wilful desertion of our Ministry especially when the King Licensed us to be odious Sacriledg To this I am told of mens power to silence such as they think deserve it I grant it if they truly think so so may they on just cause alienate Churches and Church-lands and hang Malefactors but not when no such cause is given nor at their pleasure § 7. When in the fitst Plea for Peace I had stated the case of our Nonconformity I intended to bring the Proofs of each particular supposed sinful as I after found occasion And meeting with abundance that accused us of disloyal rebellious Principles I largly delivered my own and many others judgment of Civil and Eccesiastical Authority the power of Princes and the duty of Subjects and therein also wrote some Answer to Four Accusations brought against us 1. That we pretend Grace against Morality 2. That we hold that things Indifferent became unlawful if commanded 3. I largly confuted Bishop Morley's false Accusation of my Doctrine of the Magistrates power to command things unlawful by accident and Dr. Parker's Doctrine of Scandal 4. I confuted them that extend our Non-conformity to things which we refuse not All this in the second Plea for Peace which none yet that I know of have answered § 8. And lest any should think that we are all for Negatives I wrote a Treatise of the only Terms of Universal Christian concord which I value above all the rest being assured that the Churches will never otherwise be healed than by that impartial sure and easie Catholick way which some have reviled but none since that I know of confuted One Learned Bishop that had a chief hand in our present Impositions and ejection I desired to tell me which is the way of Christian concord if this be not And he maintaineth That the only way is to obey the Colledg of Pastors who are to govern the Catholick Church through all the world per Literas formatas Where this Colledg as one governing power do meet or how they signifie their Majority of Votes and in what cases and who must gather the Votes from Abassia to Moscovie and in how long time and how they shall come to all men with certainty and whether the ejected silenced and excommunicated c. may appeal to them c. I could not learn § 9. In the same Book I sufficientiy confuted Mr. Dodwell's great Book which denyeth not only the Churches and Ministry which are not by uninterrupted Episcopal Ordination but also the ordinary salvation of all such Churches as having no covenant promise by valid Sacraments delivered them He hath pretended some defence in a late Book of Letters to which if they can be Printed I hope to give easily a satisfactory reply § 10. In the same book he Publisheth some old Letters of his to me for the Diocesan frame of Government the notice of which beforehand given me caused me to Publish a full Treatise of Diocesan Episcopacy containing the Reasons why we cannot swear to it or approve it or swear never to endeavour any reforming alteration of the frame here setled and exercised And whatever Mr. Dodwell pretendeth to the contrary if this Treatise do not fully answer his Letter and justifie us in this part of Nonconformity I am unable to judg of the Cause but am willing to recieve any better information § 11. And because I find false History not the least cause of ordinary mistakes and men cry up Diocesan Prelacy as the ancient and chief cure of Schism I gathered an Abstract of the history of Bishops and their Councils that the true matter of fact might not be so commonly mistaken as it is § 12. At the same time came out against me First a book of Mr. John Cheyneys the mistakes of which I manifested in an Answer And afterward old Letters of Mr. Hinkleys to which I had an old Answer which I cast by and now Published and another Accuser abounding with untruths called the Impleder and another called Reflections or Speculum c. And another Book of Mr. Cheneys full of most pitiful mistakes All which with Justice L'Estrange's Dialogue and someothers I answered together in a Book called the Third Defence ef the Nonconformists c. § 13. But the Accusations of Dean Stillingfleet in his Sermon made the loudest noise In the Answer to which I chiefly desired to have come to some understanding agreement with him about the true state of our Case and Controversie and to that end craved his answer to several necessary questions but was not able to procure it And now in his large Book where I hoped to have found an Answer to them I look for it in vain Yea though Mr. Hikeringhill roughly provoked him but to expound his own Text and tell us intelligibly what the same Rule is which the Apostle
say against it 4. Few of the most ignorant that needed them would then have left the Parish Churches to hear Nonconformists in private but now many will come to us that cannot get in to the Parish Churches Other different effects may be named Sect. 10. 4. And though I accuse you not you that unjustly said before that I made you seem a company of perjured Villains seems to think your self that the fore alledged causes make many of the people think little better of some and a Church thought to consist of such Pastors and Vestries c. essential parts differ from those that do not 2. And the multitude of Atheists and filthy livers and the thousands of Noncommunicants who are still taken for real members of your Churches have now stood out against so long means and patience that the reasons of longer waiting for Reformation much differs from theirs in the beginning 3. The Canon at first did not ipso facto excommunicate all that do but profess themselves Nonconformists as since it did 4. The Bishops and their Canoneers had not then cast out 2000 nor neer so many Preachers as now and so did not so much tempt the people to flee from them as persecutors thorns thistles or wolves 5. When one Bishop cast any out some other usually would endure them but now it was not so 6. The people saw daily that you bore with those as no Schismaticks that never communicated nor used to hear you even the greater half of many Parishes and took them for Church members as is said and therefore they had reason to hope that they that communicated somewhere with Protestants especially that communicated also with your own Churches were as good Members and by good Pastors would be as well endured Sect. 11. 5. Lastly The forenamed causes of our preaching much differ 1. We saw the Kingdom though under usurpers engaged by Vow Practice and about sixteen years possession and custom to another way and who could expect that a Law should presently change them all and assure them of absolution 2. They that conformed were the more averse to see about six thousand Ministers that had gone the other way so suddenly change as to declare assent and consent to a Book which they never saw 3. The case of the Plague the burning of the Churches the Kings Licenses c. I named before which verily made a great difference 4. And the numbers that call to us for help makes a great difference when then they that needed them most did not desire it These are some differences Sect. 12. p. 95. He saith There is no reason of separation because of the doctrine of our Church Answ But now you have corrupted it in the Article of Infants undoubted salvation before described and before by the doctrines about Prelacy Godfathers power and duty Impositions c. implyed in your practical Canons there is great cause of Nonconformity P. 96. Repeateth that great mistake that there are no alterations in our own judgment which make the terms of Communion harder than before Answ What hope then of being understood how far is this from truth The terms are sar harder to Ministers and to the people they are easier in some things as amending some translations c. but it is not to them a small matter to make such a change of their Pastors as in too many Parishes is made The Bishop promised them at Kiderminster when he forbad me to preach that they should be no losers by the change They said and I had great reason to believe them that the Successor knew so little of the sence of the Creed and preach'd so rarely four times a year I am loth to tell you how that they durst not be guilty of encouraging him in undertaking the charge of Souls nor durst take him for their Pastor And the great increase of buildings in London shuts thousands now out of such Parish Churches who could have got in heretofore and some more differences are before implyed p. 97. As other Churches own your Churches so do we though not your imposed sins Sect. 13. p. I was in hope to have met with some answer to my importunate Question What would you have the many score thousands do that cannot come within your Churches to hear But no importunity will prevail for so small a matter with inexorable men But he saith 1. that this is but a pretence 2. And that no man denyeth that more places are desirable c. Ans 1. It is me that he is now accusing why doth he barely say and not prove that it 's but a pretence I never set up a Meeting place but in St. Martins Parish where are said to be forty thousand more than can come within the Church And when they would not suffer me to use it I gladly left it to the use of the Parish Minister I preach now twice a week elsewhere but both the places are in Neighbourhoods where many thousands cannot hear in the Parish Churches What if other men have other sufficient reasons as the utter incapacity of some Ministers or the like doth it follow that my own case and prosessed reason is a meer pretence why then did I use no publick preaching while I lived in such Villages where the people might go to Church and why did I constantly twice a day lead them thither though some disliked it 2. The question is not whether more Churches are desirable But where they are not whether many thousands must live like Atheists without all publick teaching or Divine Worship for fear of being called Schismaticks Is not this plainly to chuse damnation If the Gospel be needless why do we wish the Heathens had it Why subscribe you against mens hopes of being saved in all their several Religions If Church worship be needless why is a Clergy to be so honoured and maintained at so dear a rate Aud why do you make such a stir with Separatists to bring them to your Churches Can men not blinded by interest chuse but wonder that so many thousands in a Parish should be taken for Church Members and live quietly that come not to any Church or never communicate with any and yet that godly persons who hear and communicate with their old tryed Pastors yea with such as communicate with you should be preach'd and written against as Schismaticks and judged to that which some endure Did this Dr. think that to drop in the case of other men when he was at a loss would make good his charge against me and such as I Mr. Tombes and Mr. Williams preached other doctrine do I do so and have you proved it But seeing he will needs bring the case to Kiderminster whether I would suffer Mr. Tombes to gather a Congregation I must not balk it but advise him hereafter to keep himself at a greater distance and not to put his own followers who are willing enough to believe him upon utter impossibilities He sped better
that is an Heretick avoid Bid them not good speed Let no man deceive you Those that cause divisions and offences contrary to the doctrine ye have learned avoid from such turn away Is here no more than judging their lives § 18. Here he cometh to prove this even by Cyprian's Epistle against Martial and Basilides I must not name his dealing with it lest he say Irail But I may note 1. that he saith the force of what Cyprian saith comes at last only to this giving Testimony Answ Only here is more than Main before And though it was a matter of scandal that was before them and therefore it is no wonder if nothing else be particularly spoken of yet sure these words signifie more than Testimony By publick judgment and Testimony be approved worthy and meet And to be sound in the faith and apt to teach is some part of meetness And because they chiefly have power either to chuse Priests that are worthy or refuse the unworthy A chief chusing power of the worthy is more than a meer testimony of fact Again that by the suffrage of the whole fraternity the Episcopacy be delivered to him Suffrage is more than testimony of fact And All they do sin who are defiled by the sacrifice of a prophane and unjust Priest signifieth a dissenting power or else separation were no duty But he saith This is the strongest testimony in antiquity for the peoples power Answ A strange saying of so good an Historian who may easily know that the concurrent judgment of all the Churches their practice and their Canons making the Peoples consent and usually Election necessary was a far stronger testimony than one Epistle But to weaken this he saith 1. It was in a case where a Bishop had voluntarily resigned Answ 1. What 's that to the general rule here asserted 2. Was it voluntarily which they were adjudged to do But I find no mention of Martial's voluntary resigning but only Basilides 2. He saith Another Bishop was put in his place not by the power of the people c. Answ 1. This was before said that the people might give them power No. As if he would have the Reader think that we hold the people give the power which I have so oft disproved But it 's his advantage to talk to many men at once that he may say some of you said it But if distinction were not a crime I would distinguish between giving the power and concurring with other Causes to give a Receptivity to the person that must have it The peoples consent is a causa partialis of capacity and receptivity 2. But what signifie these words The Ordination of our Collegue Sabinus by the suffrage of the whole fraternity and by the judgment of the Bishops c. Is not this as much power as we plead for 3. Are not you the Author of the Defence of B. Laud and say That Christ gave the Keys to Peter as the representative of the whole Church And have you now said more against me or your self I am not of that mind 3. He saith They had the judgment of a whole Council for deserting him Answ Yes for deserting them both And that Council told them God had fore-determined in his word what men must or must not be Bishops and it was God rather than they that judged it and bound them to obey and that the power was chiefly in the people to chuse and refuse c. Did you think you had helpt your cause by saying It was a whole Council that was for what we say 4. He saith It was for Idolatry and blasphemy by his own confession Answ Which mean you by his when they were two neither of them were otherwise Idolaters than as Libellaticks who to save their lives suffered other men to subscribe their names thinking it was not their own deed like some that I have heard of that thought Conformity Perjury c. but let a Friend bribe an Officer to subscribe their names and give them a Certificate And Baslides blasphemy was in his sickness in terrour of Conscience and perhaps phrensie 5. He saith all St. Cyprian's proof is that the people were most concerned to give testimony of life c. This is answered already § 10. His next is The people on this assuming the power of Elections caused great disturbance and disorders in the Church where he goeth over some few of the many instances which I have at large recited at Antioch Rome Alexandria c. Answ 1. And yet for all these disorders the Church deprived not the People of their priviledge 2. But how fallaciously is this urged I have fully elsewhere opened to the Reader how the aspiring Prelates seeking Patriarchates and Bishopricks became as so many Captains at War and gathered Monks Clergy and People to strive and fight for them And now he layeth this on the People As if the common Souldiers and not the Generals were the cause of the War But of this I have said enough § 20. He saith To prevent this many Bishops were made without the choice of the People and Canons made to regulate Elections Answ Crastily said He saith not without the consent of the People but the Election And he saith not that the Canons took away either consenting or electing suffrages but that they regulated them Yes they over and over confirmed them § 21. He saith A◠Alexandria the Election belonged to the twelve Presbyters Answ They are hard put to it when they are put to fly to that testimony which maketh Presbyters the makers of Bishops Hierome and Eutychius Alexand. tell you that the Presbyters chose and made the Bishops as the Army doth a General which made Arch-Bishop Usher tell King Charles the First That the Presbyters at Alexandria did more than Ordain Presbyters for they made Bishops as he told me himself But 1. We never denied that the Com-provincial Bishops ordinarily afterwards Ordained them 2. Nor that the Presbyters chose them Did the Doctor think this was to the purpose But 1. Doth he think that the Presbyters choice excludeth the Peoples when it is a known thing that the Canons and Custom constantly conjoyned them 2. Will he conclude that when ever History nameth not the Peoples choice they are left out 3. Will he perswade us when the People are not the chusers that they are not necessarily the consenters or refusers I will add one more proof to all before-mentioned It is impossible ex naturâ rei that the Pastoral Office should be exercised on dissenters Therefore their consent is necessary A Patient may be drencht like a Horse and cram'd like fatted Fowl and so may have a Physician against his will But a Soul cannot use Pastoral help unwillingly 1. He cannot unwillingly be baptized 2. Nor unwillingly joyn in publick prayer and praise with the Church 3. Nor unwillingly confess sin 4. Nor unwillingly crave or receive Ministerial counsel 5. Nor unwillingly receive the Lords Supper 6.
c. 3. That many of them deny all proper Sacramental causality of Grace 4. Specially Physical And Protestants make them not meer signs but investing signs 5. And ponere obicem is to want necessary moral qualification and action as aforesaid And now the Dr. had done well to tell me wherein I was very much mistaken § 15. He next saith The Cross is in no sence held to be an instrument appointed for conveying Grace Answ 1. Not by God for it is none of God's Ordinances 2. But that by men it is I have manifested if a moral objective moving and teaching means may be called an Instrument If not the word Instrument is noting to our case 1. To work on the soul of the adult by representation signification excitation as the word doth is to be an operative moral cause or means And this the Church ascribeth to it Pref. to Liturg. c. 2. The death of Christ and the benefits of it and reception into the Church and State of Christianity and the sense of our Engagement to fight under Christ's banner c. are Grace some of which is given by excitation and some the Relation by investiture § 16. And now whether I have only invented these objections to amuse and perplex mens consciences and this Dr. hath made all so plain that all may venture on it and he and all Ministers may deny them Christendom that dare not venture and cast out all from the Ministry that be not as bold as he I leave to consideration He next turneth to Mr. A. about bowing and so goeth to their Excommunication CHAP. XI Whether the Excommunicating Church or the Excommunicated for not Communicating when Excommunicated be guilty of Schism § 1. THeir Canons excommunicate ipso facto all that say Conformity is unlawful and many such like 1. He saith The excommunication is not against such as modestly scruple the lawfulness of things imposed but those who obstinately affirm it Answ Reader trust neither him nor me but read the words Can. 3 4 5 6. Whosoever shall affirm that the Church of England by Law established under his Majesty is not a true and an Apostolical Church let him be excommunicated ipso facto Whosoever shall affirm that the form of God's worship in the Church of England established by the Law and contained in the Book of Common-prayer is a corrupt superstitious or unlawful worship of God or containeth ANY THING in it that is repugnant to the Scriptures let him be excommunicated ipso facto and not restored till c. Whosoever shall affirm that any of the 39 Articles are in any part superstitious or erroneous or such as he may not with a good conscience subscribe unto let him be excommunicated ipso facto and not restored till c. Whosoever shall affirm that the Rites and Ceremonies of the Church of England by Law established are wicked antichristian or superstitious OR such as being commanded by lawful authority men who are zealously and Godly affected may not with any good conscience approve them use them OR as occasion requireth subscribe to them let him be excommunicated ipso facto and not restored till he repent and publickly revoke such his wicked errours Can. 7. Whosoever shall hereafter affirm that the Government of the Church of England under his Majesty by Arch-Bishops Bishops Deans Arch-Deacons and THE REST THAT BEAR OFFICE IN the same is antichristian OR repugnant to the word of God let him be excommunicate ipso facto c. Can. 8. Whosoever shall affirm that the form and manner of making and consecrating Bishops Priests or Deacons containeth ANY THING in it that is repugnant to the word of God let them be excommunicate ipso facto c. Can. 11. Whosoever shall affirm that there are within this Realm other Meetings Assemblies or Congregations of the Kings born subjects than such as by the Law of this Land are held and allowed which may rightly challenge to themselves the Name of true and lawful Churches let him be excommunicate ipso facto c. And now if the Reader will no more believe the Doctor it is not long of me If all this be no more than to excommunicate them that obstinately affirm the Ceremonies Antichristian impious or superstitious understanding them is not possible § 2. But I confess they excommunicate not men for secret thoughts We thank them for nothing It is but for telling their judgment And Dissenters may have many occasions to tell it The Kings Commission once allowed some of us to tell it The Demands Accusations calumniating Books and Sermons c. may call many to it § 3. He saith All Excommunication supposeth precedent Admonition Answ 1. They should do so The worse is yours because it doth not so It only alloweth admonition to repent for his restoration which made M. Anton. Spalatensis say so much against it 2. If it did oblige you to admonish us as you have done by your Books you know that this changeth not our judgments So that to be excommunicate before the admonition and after comes all to one But indeed when the Law ipso facto excommunicateth the Law it self is the admonition § 4. He addeth General excommunications though they be latae sententiae do not affect the particular persons till the evidence be notorious not only of the bare fact but the contumacy Answ Affecting is a word that signifieth what you please Ipso facto is for and upon the fact proved without any sentence of a judge While the fact only is thus made the full cause the contumacy need not be proved It 's true 1. That the fact must be proved 2. And then the Law is a sentence and Relatively affecteth the person as sentenced 3. But no persons else are obliged to avoid him till the fact be lawfully published But the man is excommunicate And 4. Whether the man that knoweth the Law and his own Fact be not bound himself to avoid the Churches Communion is a great Controversie And the plain truth is If it be a just Excommunication he is bound to forbear Communion in obedience to it As much as a silenced Minister is to forbear Preaching But if it be a sentence unjust and injustice be not so gross as to nullifie it still he must forbear But if it be so unjust as to be invalid he may Communicate till he be executively rejected As one so unjustly silenced may preach if he can for the case is much like The Reader would be displeased if I should cite him many Casuists in so plain a case 2. But no man doubteth but the General sentence of the Canon speaketh the sence of the Church and doth all that Law-makers can do before judgment And the Law is norma officii judicii obliging Subject and Judge § 5. It 's true that Linwood saith that a Declaratory sentence that is A Declaration that such a man is already sentenced by the Law is necessary to oblige any to the