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A67467 The life of Dr. Sanderson, late Bishop of Lincoln written by Izaak Walton ; to which is added, some short tracts or cases of conscience written by the said Bishop. Walton, Izaak, 1593-1683.; Sanderson, Robert, 1587-1663. Judgment concerning submission to usurpers.; Sanderson, Robert, 1587-1663. Pax ecclesiae.; Hooker, Richard, 1553 or 4-1600. Sermon of Richard Hooker, author of those learned books of Ecclesiastical politie.; Sanderson, Robert, 1587-1663. Judgment in one view for the settlement of the church.; Sanderson, Robert, 1587-1663. Judicium Universitatis Oxoniensis. English. 1678 (1678) Wing W667; ESTC R8226 137,878 542

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such a lover of the Author and so desirous that the whole world should see the character of him in that Book and something of the cause for which they suffer'd that he design'd to turn it into Latin but when he had done half of it most excellently his Friend Dr. Earle prevented him by appearing to have done the whole very well before him About this time his dear and most intimate Friend the learned Dr. Hammond came to enjoy a conversation and rest with him for some days and did so And having formerly perswaded him to trust his excellent memory and not read but try to speak a Sermon as he had writ it Dr. Sanderson became so complyant as to promise he would And to that end they two went early the Sunday following to a Neighbour Minister and requested to exchange a Sermon and they did so And at Dr. Sanderson's going into the Pulpit he gave his Sermon which was a very short one into the hand of Dr. Hammond intending to preach it as 't was writ but before he had preach'd a third part Dr. Hammond looking on his Sermon as written observed him to be out and so lost as to the matter that he also became afraid for him for 't was discernable to many of the plain Auditory But when he had ended this short Sermon as they two walk'd homeward Dr. Sanderson said with much earnestness Good Doctor give me my Sermon and know that neither you nor any man living shall ever perswade me to preach again without my Books To which the reply was Good Doctor be not angry for if I ever perswade you to preach again without Book I will give you leave to burn all those that I am Master of Part of the occasion of Dr. Hammond's visit was at this time to discourse Dr. Sanderson about some Opinions in which if they did not then they had doubtless differed formerly 't was about those knotty Points which are by the Learned call'd the Quinquarticular Controversie of which I shall proceed not to give any Judgment I pretend not to that but some short Historical account which shall follow There had been since the unhappy Covenant was brought and so generally taken in England a liberty given or taken by many Preachers those of London especially to preach and be too positive in the Points of Vniversal Redemption Predestination and those other depending upon these Some of which preach'd That all men were before they came into this world so predestinated to salvation or damnation that 't was not in their power to sin so as to lose the first nor by their most diligent endeavour to avoid the latter Others That 't was not so because then God could not be said to grieve for the death of a sinner when he himself had made him so by an inevitable decree before he had so much as a being in this world affirming therefore that man had some power left him to do the will of God because he was advised to work out his salvation with fear and trembling maintaining that 't is most certain every man can do what he can to be saved and that he that does what he can to be saved shall never be damned And yet many that affirmed this would confess That that grace which is but a perswasive offer and left to us to receive or refuse is not that grace which shall bring men to heaven Which truths or untruths or both be they which they will did upon these or the like occasions come to be searched into and charitably debated betwixt Dr. Sanderson Dr. Hammond and Dr. Pierce the now Reverend Dean of Salisbury of which I shall proceed to give some account but briefly In the year 1648. the 52 London Ministers then a Fraternity of Ston Colledge in that City had in a printed Declaration aspers'd Dr. Hammond most heinously for that he had in his Practical Catechism affirm'd That our Saviour died for the sins of all mankind To jnstifie which truth he presently makes a charitable Reply as 't is now printed in his Works After which there were many Letters past betwixt the said Dr. Hammond Dr. Sanderson and Dr. Pierce concerning God's grace and decrees Dr. Sanderson was with much unwillingness drawn into this Debate for he declared it would prove uneasie to him who in his judgment of God's decrees differ'd with Dr. Hammond whom he reverenced and loved dearly and would not therefore ingage him into a Controversie of which he could never hope to see an end but they did all enter into a charitable disquisition of these said Points in several Letters to the full satisfaction of the Learned those betwixt Dr. Sanderson and Dr. Hammond being printed in his Works and for what past betwixt him and the Learned Dr. Pierce I refer my Reader to a Letter annext to the end of this Relation I think the Judgment of Dr. Sanderson was by these Debates altered from what it was at his entrance into them for in the year 1632. when his excellent Sermons were first printed in 4o. the Reader may on the Margent find some accusation of Arminius for false Doctrine and find that upon a review and reprinting those Sermons in folio in the year 1657. that accusation of Arminius is omitted And the change of his judgment seems more fully to appear in his said Letter to Dr. Pierce And let me now tell the Reader which may seem to be perplex'd with these several affirmations of God's decrees before mentioned that Dr. Hammond in a Postscript to the last Letter of Dr. Sanderson's says God can reconcile his own contradictions and therefore advises all men as the Apostle does to study mortification and be wise to sobriety And let me add further that if these 52 Ministers of Sion Colledge were the occasion of the Debates in these Letters they have I think been the occasion of giving an end to the Quinquarticular Controversie for none have since undertaken to say more but seem to be so wise as to be content to be ignorant of the rest till they come to that place where the secrets of all hearts shall be laid open And let me here tell the Reader also that if the rest of mankind would as Dr. Sanderson not conceal their alteration of Judgment but confess it to the honour of God and themselves then our Nation would become freer from pertinacious Disputes and fuller of Recantations I cannot lead my Reader to Dr. Hammond and Dr. Sanderson where we left them at Boothby Pannel till I have look'd back to the long Parliament the Society of Covenanters in Sion Colledge and those others scattered up and down in London and given some account of their proceedings and usage of the late learned Dr. Laud then Archbishop of Canterbury And though I will forbear to mention the injustice of his death and the barbarous usage of him both then and before it yet my desire is that what follows may be noted because it does now
they ought to have been asham'd and beg'd pardon of God and him and forborn to do what follow'd But these thriving sinners were hardned and as the Visiters expel'd the Orthodox they without scruple or shame possest themselves of their Colledges so that with the rest Dr. Sanderson was in Iune 1648. forc'd to pack up and be gone and thank God he was not imprison'd as Dr. Sheldon Dr. Hammond and others then were I must now again look back to Oxford and tell my Reader that the year before this expulsion when the University had deny'd this Subscription apprehended the danger of that Visitation which followed they sent Dr. Morley then Canon of Christ-Church now Lord Bishop of Winchester and others to petition the Parliament for recalling the Injunction or a mitigation of it or accept of their Reasons why they could not take the Oaths injoyn'd them and the Petition was by Parliament referr'd to a Committee to hear and report the Reasons to the House and a day set for hearing them This done Dr. Morley and the rest went to inform and fee Counsel to plead their Cause on the day appointed but there had been so many committed for pleading that none durst undertake it for at this time the Priviledges of that Parliament were become a Noli me tangere as sacred and useful to them as Traditions ever were or are now to the Church of Rome their number must never be known and therefore not without danger to be meddled with For which Reason Dr. Morley was forc'd for want of Counsel to plead the Universities Reasons for not complyance with the Parliaments injunctions and though this was done with great reason and a boldness equal to the Justice of his Cause yet the effect of it was but that he and the rest appearing with him were so fortunate as to return to Oxford without commitment This was some few days before the Visiters and more Soldiers were sent down to drive the Dissenters out of the University And one that was at this time of Dr. Morley's pleading a powerful man in the Parliament and of that Committee observing Dr. Morley's behaviour and reason and inquiring of him and hearing a good report of his Morals was therefore willing to afford him a peculiar favour and that he might express it sent for me that relate this Story and knew Dr. Morley well and told me He had such a love for Dr. Morley that knowing he would not take the Oaths and must therefore be ejected his Colledge and leave Oxford he desired I would therefore write to him to ride out of Oxford when the Visiters came into it and not return till they left it and he should be sure then to return in safety and that he should without taking any Oath or other molestation enjoy his Canons place in his Colledge I did receive this intended kindness with a sudden gladness because I was sure the party had a power and as sure he meant to perform it and did therefore write the Doctor word and his Answer was That I must not fail to return my Friend who still lives his humble and undissembled thanks though he could not accept of his intended kindness for when the Dean Dr. Gardner Dr. Paine Dr. Hammond Dr. Sanderson and all the rest of the Colledge were turn'd out except Dr. Wall he should take it to be if not a sin yet a shame to be left behind with him only Dr. Wall I knew and will speak nothing of him for he is dead It may be easily imagined with what a joyful willingness these self-loving Reformers took possession of all vacant preferments and with what reluctance others parted with their beloved Colledges and Subsistance but their Consciences were dearer than their Subsistance and out they went the Reformers possessing them without shame or scruple where I will leave these Scruple-mongers and make an account of the then present affairs of London to be the next imployment of my Readers patience And in London all the Bishops Houses were turn'd to be Prisons and they fill'd with Divines that would not take the Covenant or forbear reading Common Prayer or that were accus'd for some faults like these For it may be noted That about this time the Parliament set out a Proclamation to incourage all Lay-men that had occasion to complain of their Ministers for being troublesome or scandalous or that conformed not to Orders of Parliament to make their complaint to a Committee for that purpose and the Minister though 100 miles from London should appear there and give satisfaction or be sequestred and you may be sure no Parish could want a covetous or malicious or cross-grain'd complainant by which means all Prisons in London and in some other places became the sad habitations of Conforming Divines And about this time the Bishop of Canterbury having been by an unknown Law condemned to die and the execution suspended for some days many of the malicious Citizens fearing his pardon shut up their Shops professing not to open them till Justice was executed This malice and madness is scarce credible but I saw it The Bishops had been voted out of the House of Parliament some upon that occasion sent to the Tower which made many Covenanters rejoyce and believe Mr. Brightman who probably was a a good and well meaning man to be inspir'd in this Comment on the Apocalyps an Abridgment of which was now printed and cal'd Mr. Brightman 's Revelation of the Revelation And though he was grosly mistaken in other things yet because he had made the Churches of Geneva and Scotland which had no Bishops to be Philadelphia in the Apocalyps the Angel that God loved and the power of Prelacy to be Antichrist the evil Angel which the House of Commons had now so spued up as never to recover their dignity Therefore did those Covenanters approve and applaud Mr. Brightman for discovering and foretelling the Bishops downfall so that they both rail'd at them and rejoyc'd to buy good pennyworths of their Land which their Friends of the House of Commons did afford them as a reward of their diligent assistance to pull them down And the Bishops power being now vacated the common people were made so happy as every Parish might choose their own Minister and tell him when he did and when he did not preach true Doctrine and by this and like means several Churches had several Teachers that pray'd and preach'd for and against one another and ingag'd their hearers to contend furiously for truths which they understood not some of which I shall mention in the discourse that follows I have heard of two men that in their discourse undertook to give a character of a third person and one concluded he was a very honest man for he was beholding to him and the other that he was not for he was not beholden to him And something like this was in the designs both of the Covenanters and Independants the last of which were
now grown both as numerous and as powerful as the former for though they differed much in many Principles and preach'd against each other one making it a sign of being in the state of grace if we were but zealous for the Covenant and the other that we ought to buy and sell by a Measure and to allow the same liberty of Conscience to others which we by Scripture claim to our selves and therefore not to force any to swear the Covenant contrary to their Consciences and loose both their Livings and Liberties too Though these differed thus in their conclusions yet they both agreed in their practice to preach down Common Prayer and get into the best sequestred Livings and whatever became of the true Owners their Wives and Children yet to continue in them without the least scruple of Conscience They also made other strange Observations of Election Reprobation and Free-will and the other Points dependent upon these such as the wisest of the common people were not fit to judge of I am sure I am not though I must mention some of them historically in a more proper place when I have brought my Reader with me to Dr. Sanderson at Boothby Pannel And in the way thither I must tell him That a very Covenanter and a Scot too that came into England with this unhappy Covenant was got into a good sequestred Living by the help of a Presbyterian Parish which had got the true Owner out And this Scotch Presbyterian being well settled in this good Living began to reform the Church-yard by cutting down a large Ewe Tree and some other Trees that were an ornament to the place and very often a shelter to the Parishioners who excepting against him for so doing were answered That the Trees were his and 't was lawful for every man to use his own as he and not as they thought fit I have hear'd but do not affirm it That no Action lies against him that is so wicked as to steal the winding sheet of a dead body after 't is buried and have heard the reason to be because none were supposed to be so void of humanity and that such a Law would vilifie that Nation that would but suppose so vile a man to be born in it nor would one suppose any man to do what this Covenanter did And whether there were any Law against him I know not but pity the Parish the less for turning out their legal Minister We have now overtaken Dr. Sanderson at Boothby Parish where he hop'd to have enjoy'd himself though in a poor yet in a quiet and desir'd privacy but it prov'd otherwise For all corners of the Nation were fill'd with Covenanters Confusion Comittee-men and Soldiers serving each other to their several ends of revenge or power or profit and these Committee-men and Soldiers were most of them so possest with this Covenant that they became like those that were infected with that dreadful Plague of Athens the Plague of which Plague was that they by it became maliciously restless to get into company and to joy so the Historian saith when they had infected others even those of their most beloved or nearest Friends or Relations and though there might be some of these Covenanters that were beguil'd and meant well yet such were the generality of them and temper of the times that you may be sure Dr. Sanderson who though quiet and harmless yet an eminent dissenter from them could not live peaceably nor did he For the Soldiers would appear and visibly disturb him in the Church when he read Prayers pretending to advise him how God was to be serv'd most acceptably which he not approving but continuing to observe order and decent behaviour in reading the Church Service they forc'd his Book from him and tore it expecting extemporary Prayers At this time he was advis'd by a Parliament man of power and note that lov'd and valued him much not to be strict in reading all the Common Prayer but make some little variation especially if the Soldiers came to watch him for then it might not be in the power of him and his other Friends to secure him from taking the Covenant or Sequestration for which Reasons he did vary somewhat from the strict Rules of the Rubrick I will set down the very words of Confession which he us'd as I have it under his own hand and tell the Reader that all his other variations were as little much like to this His Confession O Almighty God and merciful Father we thy unworthy Servants do with shame and sorrow confess that we have all our life long gone astray out of thy ways like lost sheep and that by following too much the vain devices and desires of our own hearts we have grievously offended against thy holy Laws both in thought word and deed we have many times left undone those good duties which we might and ought to have done and we have many times done those evils when we might have avoided them which we ought not to have done We confess O Lord that there is no health at all nor help in any Creature to relieve us but all our hope is in thy mercy whose justice we have by our sins so far provoked Have mercy therefore upon us O Lord have mercy upon us miserable offenders spare us good God who confess our faults that we perish not but according to thy gracious promises declared unto mankind in Christ Iesus our Lord restore us upon our true Repentance into thy grace and favour And grant O most merciful Father for his sake that we henceforth study to serve and please thee by leading a godly righteous and a sober life to the glory of thy holy Name and the eternal comfort of our own souls through Iesus Christ our Lord. Amen In these disturbances of tearing his Service Book a Neighbour came on a Sunday after the Evening Service was ended to visit and condole with him for the affront offered by the Soldiers To whom he spake with a composed patience and said God hath restored me to my desir'd privacy with my wife and children where I hop'd to have met with quietness and it proves not so but I will labour to be pleas'd because God on whom I depend sees 't is not fit for me to be quiet I praise him that he hath by his grace prevented me from making shipwrack of a good Conscience to maintain me in a place of great reputation and profit and though my condition be such that I need the last yet I submit for God did not send me into this world to do my own but suffer his will and I will obey it Thus by a sublime depending on his wise and powerful and pitiful Creator he did chearfully submit to what God had appointed justifying the truth of that Doctrine which he had preach'd About this time that excellent Book of the King's Meditations in his Solitude was printed and made publick and Dr. Sanderson was
enter into a mutual and solemn League and Covenant wherein we all subscribe and each one of us for himself with our hands lifted up to the most high God do swear I. THat we shall sincerely really and constantly through the Grace of God endeavour in our several places and callings the preservation of the Reformed Religion in the Church of Scotland in Doctrine Worship Discipline and Government against our common Enemies The Reformation of Religion in the Kingdoms of England and Ireland in Doctrine Worship Discipline and Government according to the Word of God and the example of the best Reformed Churches And shall endeavour to bring the Churches of God in the three Kingdoms to the nearest conjunction and uniformity in Religion Confession of Faith Form of Church Government Directory for Worship and Catechizing That we and our Posterity after us may as Brethren live in Faith and Love and the Lord may delight to dwell in the midst of us II. That we shall in like manner without respect of persons endeavour the extirpation of Popery Prelacy that is Church Government by Archbishops Bishops their Chancellours and Commissaries Deans Deans and Chapters Archdeacons and all other Ecclesiastical Officers depending on that Hierarchy Superstition Heresie Schism Profaneness and whatsoever shall be found to be contrary to sound Doctrine and the power of Godliness lest we partake in other mens sins and thereby be in danger to receive of their plagues and that the Lord may be one and his Name one in the three Kingdoms III. We shall with the same sincerity reality and constancy in our several Vocations endeavour with our Estates and Lives mutually to preserve the Rights and Priviledges of the Parliaments and the Liberties of the Kingdoms and to preserve and defend the King's Majesties person and authority in the preservation and defence of the true Religion and Liberties of the Kingdoms that the world may bear witness with our Consciences of our Loyalty and that we have no thoughts or intentions to diminish his Majestie 's just power and greatness IV. We shall also with all faithfulness endeavour the discovery of all such as have been or shall be Incendiaries Malignants or evil Instruments by hindring the Reformation of Religion dividing the King from his people or one of the Kingdoms from another or making any faction or parties amongst the people contrary to this League and Covenant that they may be brought to publick Trial and receive condign punishment as the degree of their offences shall require or deserve or the Supream Judicatories of both Kingdoms respectively or others having power from them for that effect shall judge convenient V. And whereas the happiness of a blessed Peace between these Kingdoms denied in former times to our Progenitours is by the good Providence of God granted unto us and hath been lately concluded and settled by both Parliaments we shall each one of us according to our place and interest endeavour that they may remain conjoyned in a firm Peace and union to all Posterity And that Justice may be done upon the wilfull opposers thereof in manner expressed in the precedent Articles VI. We shall also according to our places and callings in this common cause of Religion Liberty and Peace of the Kingdoms assist and defend all those that enter into this League and Covenant in the maintaining and pursuing thereof and shall not suffer our selves directly or indirectly by whatsoever combination perswasion or terrour to be divided and withdrawn from this blessed Union and Conjunction whether to make defection to the contrary part or to give our selves to a detestable indifferency or neutrality in this cause which so much concerneth the glory of God the good of the Kingdoms and the honour of the King but shall all the days of our lives zealously and constantly continue therein against all opposition and promote the same according to our power against all lets and impediments whatsoever and what we are not able our selves to suppress or overcome we shall reveal and make known that it may be timely prevented or removed All which we shall do as in the sight of God And because these Kingdoms are guilty of many sins and provocations against God and his Son Iesus Christ as is too manifest by our present distresses and dangers the fruits thereof We profess and declare before God and the world our unfeigned desire to be humbled for our own sins and for the sins of these Kingdoms especially that we have not as we ought valued the inestimable benefit of the Gospel that we have not laboured for the purity and power thereof and that we have not endeavoured to receive Christ in our hearts nor to walk worthy of him in our lives which are the causes of our sins and transgressions so much abounding amongst us And our true and unfeigned purpose desire and endeavour for our selves and all others under our power and charge both in publick and in private in all duties we owe to God and man to amend our lives and each one to go before another in the example of a real Reformation that the Lord may turn away his wrath and heavy indignation and establish these Churches and Kingdoms in truth and peace And this Covenant we make in the presence of Almighty God the searcher of all hearts with a true intention to perform the same as we shall answer at that great day when the secrets of all hearts shall be disclosed most humbly beseeching the Lord to strengthen us by his holy Spirit for this end and to bless our desires and proceedings with such success as may be deliverance and safety to his people and encouragement to other Christian Churches groaning under or in danger of the yoke of Antichristian tyranny to joyn in the same or like Association and Covenant to the glory of God the enlargement of the Kingdom of Iesus Christ and the peace and tranquillity of Christian Kingdoms and Commonwealths The Negatie Oath I A. B. do swear from my heart That I will not directly nor indirectly adhere unto or willingly assist the King in this War or in this Cause against the Parliament nor any Forces raised without the consent of the two Houses of Parliament in this Cause or War And I do likewise swear That my coming and submitting my self under the Power and Protection of the Parliament is without any manner of Design whatsoever to the prejudice of the proceedings of this present Parliament and without the direction privity or advice of the King or any of his Council or Officers other than what I have now made known So help me God and the Contents of this Book Reasons why the Vniversity of Oxford cannot submit to the Covenant the Negative Oath the Ordinance concerning Discipline and Directory mentioned in the late Ordinance of Parliament for the Visitation of that place WHereas by an Ordinance of the Lords and Commons assembled in Parliament for the Visitation and Reformation of the University
Faith and Manners at this day firmly believed and securely practiced by us when by the Socinians Anabaptists and other Sectaries we should be called upon for our proofs As namely sundry Orthodoxal Explications concerning the Trinity and Co-equality of the Persons in the Godhead against the Arians and other Hereticks the number use and efficacy of Sacraments the Baptizing of Infants National Churches the observation of the Lord's Day and even the Canon of Scripture it self Thirdly In respect of our selves we are not satisfied how it can stand with the Principles of Iustice Ingenuity and Humanity to require the extirpation of Episcopal Government unless it had been first clearly demonstrated to be unlawful to be sincerely and really endeavoured by us 1. Who have all of us who have taken any Degree by subscribing the 39 Articles testified our approbation of that Government one of those Articles affirming the very Book containing the Form of their Consecration to contain in it nothing contrary to the Word of God 2. Who have most of us viz. as many as have entred into the Ministery received Orders from their hands whom we should very ill requite for laying their hands upon us if we should now lay to our hands to root them up and cannot tell for what 3. Who have sundry of us since the beginning of this Parliament subscribed our Names to Petitions exhibited or intended to be exhibited to that High Court for the continuance of that Government which as we then did sincerely and really so we should with like sincerity and reality still not having met with any thing since to shew us our errour be ready to do the same again if we had the same hopes we then had the reception of such Petitions 4. Who hold some of us our livelyhood either in whole or part by those Titles of Deans Deans and Chapters c. mentioned in the Articles being Members of some Collegiate or Cathedral Churches And our memories will not readily serve us with any Example in this kind since the world began wherein any state or profession of men though convicted as we are not of a Crime that might deserve Deprivation were required to bind themselves by Oath sincerely and really to endeavour the rooting out of that in it self not unlawful together wherewith they must also root out themselves their Estates and Livelyhoods 5. Especially it being usual in most of the said Churches that such persons as are admitted Members thereof have a personal Oath administred unto them to maintain the Honour Immunities Liberties and Profits of the same and whilst they live to seek the good and not to do any thing to the hurt hindrance or prejudice thereof or in other words to the like effect Fourthly In respect of the Church of England we are not satisfied how we can swear to endeavour the extirpation of the established Government no necessity or just cause for so doing either offering it self or being offered to our Understandings 1. Since all Change of Government unavoidably bringeth with it besides those that are present and evident sundry other inconveniences which no wit of man can possibly foresee to provide against till late experience discover them We cannot be sure that the evils which may ensue upon the Change of this Government which hath been of so long continuance in this Kingdom is so deeply rooted in the Laws thereof and hath so near a conjunction with and so strong an influence upon the Civil Sate and Government as that the Change thereof must infer the necessity of a great alteration to be made in the other also may not be greater than the supposed evils whatsoever they are which by this Change are sought to be remedied For there are not yet any come to our knowledge of that desperate nature as not to be capable of other remedy than the utter extirpation of the whole Government it self 2. Whereas the House of Commons have remonstrated That it was far from their purpose or desire to abolish the Church Government but rather that all the Members of the Church of England should be regulated by such Rules of Order and Discipline as are established by Parliament and that it was Malignancy to infuse into the people that they had any oother meaning We are loth by consenting to the second Article to become guilty of such Infusion as may bring us within the compass and danger of the fourth Article of this Covenant 3. Since it hath been declared by sundry Acts of Parliament That the holy Church of England was founded in the state of Prelacy within the Realm of England we dare not by endeavouring the extirpation of Prelacy strike at the very foundation and thereby as much as in us lieth co-operate towards the ruine of this famous Church which in all conscience and duty we are bound with our utmost lawful power to uphold Lastly In respect of our Obligations to his Majesty by our Duty and Oaths we are not satisfied how we can swear to endeavour the extirpation of the Church Government by Law established without forfeiture of those Obligations 1. Having in the Oath of Supremacy acknowledged the King to be the only Supreme Governour in all Ecclesiastical Causes and over all Ecclesiastical Persons having bound our selves both in that Oath and by our Protestation To maintain the King's Honour Estate Iurisdictions and all manner of Rights it is clear to our Understandings that we cannot without disloyalty and injury to him and double Perjury to our selves take upon us without his consent to make any alteration in the Ecclesiastical Laws or Government much less to endeavour the extirpation thereof unless the imposers of this Covenant had a power and meaning which they have openly disclaimed to absolve us of that Obedience which under God we owe unto his Majesty whom they know to be intrusted with the Ecclesiastical Law 2. We cannot sincerely and really endeavour the extirpation of this Government without a sincere desire and real endeavour that his Majesty would grant his Royal Assent to such extirpation Which we are so far from desiring and endeavouring that we hold it our bounden duty by our daily prayers to beg at the hands of Almighty God that he would not for our sins suffer the King to do an act so prejudicial to his Honour and Conscience as to consent to the rooting out of that estate which by so many branches of his Coronation Oath he hath in such a solemn manner sworn by the assistance of God to his power to maintain and preserve 3. By the Laws of this Land the Collation of Bishopricks and Deanaries the fruits and profits of their Lands and Revenues during their vacancies the first fruits and yearly tenths out of all Ecclesiastical Promotions and sundry other Priviledges Profits and Emoluments arising out of the State Ecclesiastical are established in the Crown and are a considerable part of the Revenues thereof which by the
and therefore they are not called the King's Judges but the King's Council and they have their several proper rights and interests peculiar and distinct both between themselves and from that of the Kings by reason whereof they become distinct Orders or as of late times they have been styled in this sense we conceive three distinct Estates Each of which being supposed to be the best Conservators of their own proper interest if the power of any one Estate should be presumed to be virtually present in the other two that Estate must needs be inevitably liable to suffer in the proper interests thereof which might quickly prove destructive to the whole Kingdom the safety and prospetity of the whole consisting in the conservation of the just rights and proper interests of the main parts viz. The King Lords and Commons inviolate and entire 3. The Judges of other Courts forasmuch as their power is but Ministerial and meerly Judicial are bounded by the present Laws and limited also by their own Acts so as they may neither swerve from the Laws in giving Judgment nor reverse their own Judgments after they are given But the high Court of Parliament having by reason of the King 's Supream Power presiding therein a Power Legislative as well as Judicial are not so limited by any earthly Power but that they may change and over-rule the Laws and their own Acts at their pleasure The King 's Personal assent therefore is not needful in those other Courts which are bounded by those Laws whereunto the King hath already given his personal assent but unto any Act of Power beside beyond above or against the Laws already established we have been informed it seems to us very agreeable to reason that the King 's Personal Assent should be absolutely necessary Forasmuch as every such Act is the exercise of a Legislative rather than of a Judicial power and no Act of Legislative power in any Community by consent of all Nations can be valid unless it be confirmed by such person or persons as the Sovereignty of that Community resideth in Which Sovereignty with us so undoubtedly resideth in the person of the King that his ordinary style runneth Our Sovereign Lord the King And he is in the Oath of Supremacy expresly acknowledged to be the only Supream Governour within his Realms And we leave it to the wisdom of others to consider what misery and mischief might come to the Kingdom if the power of any of these three Estates should be swallowed up by any one or both the other and if then under the name of a Judicial there should be yet really exercised a Legislative power 4. Since all Judicial Power is radically and originally in the King who is for that cause styled by the Laws The Fountain of Iustice and not in any other Person or Persons but by derivation from him it seemeth to us evident that neither the Judges of Inferiour Courts of Ministerial Justice nor the Lords and Commons assembled in the High Court of Parliament may of right exercise any other Power over the Subjects of this Realm than such as by their respective Patents and Writs issued from the King or by the known established Laws of the Land formerly assented unto by the Kings of this Realm doth appear to have been from him derived unto them Which Laws Patents and Writs being the exact boundary of their several Powers it hath not yet been made appear to our understandings either from the Laws of the Realm or from the tenour of those Writs by which the Parliament is called that the two Houses of Parliament have any power without the King to order command or transact but with him to treat consult and advise concerning the great affairs of the Kingdom In which respect they have sundry times in their Declarations to his Majesty called themselves by the Name of his Great Council And those Laws and Writs are as we conceive the proper Topick from which the just power of the Honourable Houses can be convincingly deduced and not such frail Collections as the wits of men may raise from seeming Analogies and Proportions §. VIII Of the Negative Oath WE are not satisfied how we can submit to the taking of the Negative Oath 1. Without forseiture of that liberty which we have sworn and are bound to preserve With which liberty we conceive it to be inconsistent that any Obligation should be laid upon the Subject by an Oath not established by Act of Parliament 2. Without abjuring our natural Allegiance and violating the Oaths of Supremacy and Allegiance by us formerly taken By all which being bound to our power to assist the King we are by this Negative Oath required to swear from our heart not to assist him 3. Without diminution of his Majesties just Power and Greatness contrary to the third Article of the Covenant by acknowledging a Power in the two Houses of Parliament in opposition to the King's Power Whereas we profess our selves unable to understand how there can be any lawful power exercised within this Realm which is not subordinate to the power of the King §. IX Of the Ordinances concerning the Discipline and Directory 1. First Concerning them altogether we are not satisfied how we can submit to such Ordinances of the two Houses of Parliament not having the Royal Assent 1. As are contrary to the established Laws of this Realm contained in such Acts of Parliament as were made by the joint consent of King Lords and Commons 2. Nor so only but also pretend by Repeal to abrogate such Act of Acts. For since Ejusdem est potestatis destruere cujus est constituere it will not sink with us that a letter power can have a just right to cancel and annul the Act of a greater 3. Especially the whole power of ordering all matters Ecclesiastical being by the Laws in express words for ever annexed to the Imperial Crown of this Realm And upon what head that Crown ought to stand none can be ignorant As to the particular Ordinances those that concern the Discipline first 1. If under that Title be comprehended the Government also we cannot submit thereunto without consenting to the eradiction of a Government of reverend Antiquity in the Church Which notwithstanding the several changes of Religion within this Realm hath yet from time to time been continued and confirmed by the publick Laws and great Charters of the Kingdom than which there cannot be a more ample testimony that it was ever held agreeable to the Civil Government and the Subjects Liberty Which also the successive Kings of this Realm at their several Coronations have solemnly sworn to preserve And the continuance whereof for sundry Reasons before upon the second Article of the Covenant specified we heartily wish and desire 2. But if the word Discipline be taken as it is in the first Article of the Covenant as contra-distinguished unto the Government there is something even