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A61830 Eight cases of conscience occasionally determined by the late Reverend Father in God, Robert Sanderson, Lord Bishop of Lincoln. Sanderson, Robert, 1587-1663. 1674 (1674) Wing S598; ESTC R37202 62,486 160

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it was done VII As touching the observation of a weekly Sabbath there are these three different opinions viz. 1. That it is de jure naturali as a branch properly of the Law of Nature 2. That it is properly and directly de jure divino positivo established by God's express positive Ordinance in his Word 3. That it is meerly de jure humano Ecclesiastico introduced by Authority and established by the custom and consent of the Catholick Church Touching which three opinions I leave it to the judicious to consider 1. Whether the last of them might not hap to be of evil consequence by leaving i● in the power of the Church at her pleasure to change the old proportion of one in seven which hath continued ever since the daies of Moses into any other greater o● lesser proportion of time 2. Whether the two former opinions though they do indeed avoid that inconvenience do not yet stand upon such weak grounds otherwise that they are by many degrees more improbable than the third 3. Whether a fourth opinion going in a middle way might not be proposed with greater probability and entertained with better safety than any of the former three viz. That the keeping holy of one day in seven is of Divine positive right taking jus divinum in a large signification not for that only which is primarily properly and directly such according to the tenor of the second opinion but including withal that which is Secondarily Consequently and Analogically such VIII For the better understanding whereof we are to consider 1. That those things are de jure divino in the first and strict sense which either 1. Are enjoyned by the express Ordinance and Commandment of God in his holy Word or else 2. May be deduced there-from by necessary evident and demonstrative illation In which sense there are not many things de jure divino under the New Testament 2. That for a thing to be de jure divino in the latter and larger sense it sufficeth that it may be by humane Discourse upon reasons of Congruity probably deduced from the Word of God as a thing most convenient to be observed by all such as desire unfeignedly to order their waies according to God's holy Will 3. That this kind of Ius divinum may be reasonably discerned by the concurrence of all or the chiefest of these four things following viz. 1. A foundation of Equity for the thing in general either in the Law of Nature or by vertue of Divine Institution 2. An Analogie held for the particular determination with such Laws and directions as were given to the Jewish people in the Old Testament so far as the reason of Equity holdeth alike 3. Some probable insinuations thereof in the Scriptures of the New Testament 4. The continued practise of the Christian Church so far as the condition of the times in the several Ages thereof would permit For Lex currit cum praxi 4. That all these do in some measure concur for the observation of a weekly Sabbath as upon the examination of the several particulars will easily appear IX This distinction of Ius divinum is to be observed the rather because it may be of very good use if rightly understood and applied 1. For cutting off the most material instances which are usually brought by the Romish Party for the maintenance of their unwritten Traditions 2. For the clearing of some and the silencing of other some Controversies in the Church which are disputed pro and con with much heat as viz. concerning 1. The Government of the Church by Bishops 2. The Distinction of Bishops Priests and Deacons 3. The Exercise of Ecclesiastical Censures as Suspension Excommunication c. 4. The Building and Consecrating of Churches for the service of God 5. The assembling of Synods upon needful occasions for the maintenance of the Truth and for the setling of Church Affairs 6. The forbidding of Marriages to be made within certain degrees of Consanguinity and A●finity 7. The Baptizing of Infants born of Christian Parents 8. The maintenance of the Clergy by the Tithes of the people and sundry other things none of all which to my understanding seem to be de jure divino in that first and proper sense but yet all or most of them to be de jure divino in this latter and larger signification 3. For the right bounding of the Churches power that she be neither denied her lawful liberty in some things nor yet assume to her self a greater power than of right belongeth unto her in other some For 1. In things that are meerly de jure humano every particular Church hath power in her self from time to time to order and alter them at her pleasure and may exercise that power when she thinketh fit 2. Things that are de jure divino in that first sense the Universal Church may not and much less then may any particular at all take upon her to alter but must observe them inviolably whatsoever necessities or distresses she be put unto 3. Things that are de jure divino in this latter sense every particular Church but much more the Universal hath a power to alter in a case of necessity But the exercise of that Power is so limited to extraordinary cases that it may not be safe for her at all to exercise it unless it be for the avoiding of mighty inconveniences not otherwise to be avoided X. As for the other controversed Point touching the change of the day from the last day of the week or Saturday which was the Jews Sabbath to the first day of the week or Sunday which is our lord's-Lord's-day My opinion is that the observation of the lord's-Lord's-day among Christians instead of the Jewish Sabbath 1. Is not grounded upon any commandment given by Christ to his Apostles 2. Nor yet upon any Apostolical Constitution given by the Apostles unto the Churches in that behalf But 3. That it was taken up by the succeeding Church partly in imitation of some of the Apostles who used especially in the Churches of the Gentiles for in the Churches of Iudea the old Sabbath was still observed to Celebrate their Holy Assemblies upon the first day of the week in the honour of Christ and his Resurrection and partly for the avoiding of Judaism wherewith false Teachers in those first times were ever and anon attempting to enthral the Christian Church 4. That the observation of the Lord's-day having been confirmed by so many Constitutions both Ecclesiastical and Imperial and having withal continued with such uniform consent throughout the whole Christian World for so many Ages ever since the Apostles times the Church not to dispute what she may or may not do in plenitudine potestatis yet ought not to attempt the altering of it to any other day of the week To the third Question XI In this matter touching Recreations to be used on the Lords-day much need not be said there being little difficulty in it and
have therefore now sent you but a naked summary of my thoughts concerning the three Questions abstracted from all those Explanations Reasons Testimonies of Authors removals of Objections and other such Enlargements as might have given further both lustre and strength thereunto Howsoever by what I presently send you may sufficiently see what my opinion is which I shall be ready to clear so far as my understanding will serve in any particular wherein you shall remain doubtful and as ready to alter when any man shall instruct me better if he bring good evidence either of Reason or of Scripture-Text for what he affirmeth The Questions are 1. Which is the fittest Name whereby to call the day of our Christian weekly-rest whether the Sabbath the Lord's-day or Sunday 2. What is the meaning of that Prayer appointed to be used in our Church Lord have Mercy upon us and encline c. as it is repeated after and applied to the words of the fourth Commandment 3. Whether it be lawful to use any bodily recreation upon the Lord's-day and if so then what kind of Recreations may be used I. Concerning the Name Sabbatum or Sabbath I thus conceive 1. That in Scripture Antiquity and all Ecclesiastical Writers it is constantly appropriated to the day of the Jews Sabbath or Saturday and not at all till of late years used to signifie our Lord's-day or Sunday 2. That to call Sunday by the name of the Sabbath-day rebus sic stantibus may for sundry respects be allowed in the Christian Church without any great inconveniency and that therefore men otherwise sober and moderate ought not to be censured with too much severity neither charged with Judaism if sometimes they so speak 3. That yet for sundry other respects it were perhaps much more expedient if the word Sabbath in that notion were either not all or else more sparingly used II. Concerning the name Dominica or the Lord's-day 1. That it was taken up in memory of our Lord Christ's Resurrection and the great work of our Redemption accomplished therein 2. That it hath warrant from the Scripture Apoc. 1.10 and hath been of long continued use in the Christian Church to signifie the first day of the week or Sunday III. Concerning the name Dies Solis or Sunday 1. That it is taken from the courses of the Planets as the names of the other daies are the reason whereof is to be learned from Astronomers 2. That it hath been used generally and of long time in most parts of the World 3. That it is not justly chargeable with Heathenism and that it proceedeth from much weakness at the least if not rather superstition that some men condemn the use of it as prophane heathenish or unlawful IV. Of the fitness of the aforesaid three names compared one with another 1. That according to the several matter or occasions of speech each of the three may be fitter in some respect and more proper to be used than either of the other two As viz. 1. The Name Sabbath when we speak of a time of rest indeterminatè and in general without reference to any particular day and the other two when we speak determinately of that day which is observed in the Christian Church Of which two again 2. That of the Lord's-day is fitter in the Theological and Ecclesiastical and 3. That of Sunday in the civil popular and common use 2. Yet so as that none of the three be condemned as utterly unlawful whatsoever the matter or occasion be but that every man be left to his Christian liberty herein so long as so long as superior Authority doth not restrain it Provided ever that what he doth herein he do it without vanity or affectation in himself or without uncharitably judging or despising his Brother that doth otherwise than himself doth To the second Question V. The words of that Prayer Lord have mercy c. repeated after the fourth Commandment do evidently import as they do in each of the other ten 1. An acknowledgment of three things viz. 1. That the words of that particular Commandment contain in them a Law whereunto we are subject 2. That it is our bounden duty to endeavour with our uttermost power to keep the said Law 3. That our naughty hearts have of themselves no inclination to keep it until God by the work of his Grace shall encline them thereunto 2. A double supplication viz. 1. For mercy in respect of the time past because we have failed of our bounden duty heretofore 2. For Grace in respect of the time to come that we may perform our duties better hereafter VI. But how far forth the words of the fourth Commandment are to be taken as a Law binding Christians and by what authority they have that binding power is the main difficulty For the resolution whereof it may suffice every sober minded Christian to understand the Prayer appointed by the Church in that meaning which the words do immediately import and without over-curious inquiry into those things that are more disputable to believe these few points following which ought to be taken as certain and granted amongst Christians viz. 1. That no part of the Law delivered by Moses to the Jews doth bind Christians under the Gospel as by vertue of that delivery no not the ten Commandments thems●lves but least of all the fourth which all confess to be at least in some part Ceremonial 2. That the particular determination of the time to the seventh day of the week was Ceremonial And so the obligation of the fourth Commandment in that respect although it were Iuris divini positivi to the Jew yet is ceased together with other legal Ceremonies since the publishing of the Gospel and bindeth not Christian Consciences 3. That the substance of the fourth Commandment in the general viz. that some certain time should be set apart from secular imployments to be sanctified to an holy rest for the better attending upon God's publick and solemn worship is moral and perpetual and of Divine right as a branch of the Law of Nature whereunto Christians under the Gospel are still bound 4. That de facto the Lord's-day or Sunday is the time appointed to us for that purpose by such sufficient Authority as we stand bound in Conscience to obey absque hoc whether that Authority be immediately Divine or but mediately through the power of the Church This is sufficient to regulate the judgment and Conscience of every ordinary Christian yet is it not unlawful for Scholars soberly and fairly to argue and debate a little farther matte●s which are questionable for the better finding out of the Truth And the points in this Argument that are most in controversy are these two viz. 1. Concerning the observation of a weekly Sabbath whether it be of necessity to keep one day of every seven And by what right we are tied so to do 2. Concerning the change of the Jewish Sabbath into the Lord's-day and by what Authority