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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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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
Ecclesiastical Hierarchy we shall have sufficiently discharged our whole promise in that particular without any prejudice done to Episcopacy But 1. Neither the Composers of the Covenant by their words nor the Imposers of it by their actions have given us the least signification that they meant no more 2. Yea rather if we may judge either by the cause or the effects we may well think there was a meaning to extirpate the whole Government and every part thereof in the Article expressed For 1. The Covenant being as we have no cause to doubt framed at the instance of the Scots and for the easier procuring of their assistance in the late War was therefore in all reason so to be framed and understood as to give them satisfaction and considering what themselves have declared against Episcopacy we have little reason to believe the taking away Apparitors or any thing less than the rooting out of Episcopacy it self would have satisfied them 2. The proceedings also since the entring of this Covenant in endeavouring by Ordinance of Parliament to take away the Name Power and Revenues of Bishops do sadly give us to understand what was their meaning therein Fourthly As to the Scruples that arise from the Sovereignty of the King and the Duty of Allegiance as Subjects we find two several ways of answering but little satisfaction in either 1. The former by saying which seemeth to us a piece of unreasonable and strange Divinity that Protection and Subjection standing in relation either to other the King being now disabled to give us protection we are thereby freed from our bond of Subjection Whereas 1. The Subjects Obligation Ius subjectionis doth not spring from nor relate unto the actual exercise of Kingly protection but from and unto the Prince's obligation to protect Ius protectionis Which obligation lying upon him as a duty which he is bound in Conscience to perform when it is in his power so to do the relative Obligation thereunto lieth upon us as a duty which we are bound in Conscience to perform when it is in our power so to do His inability therefore to perform his duty doth not discharge us from the necessity of performing ours so long as we are able to do it 2. If the King should not protect us but neglect his part though having power and ability to perform it his voluntary neglect ought not to free us from the faithful performance of what is to be done on our part How much less then ought we to think our selves disobliged from our subjection when the Non-protection on his part is not from the want of will but of power 2. The later wherein yet some have triumphed by saying that the Parliament being the Supreme Judicatory of the Kingdom the King wheresoever in person is ever present there in his power as in all other Courts of Justice and that therefore whatsoever is done by them is not done without the King but by him But craving pardon first if in things without our proper sphere we hap to speak unproperly or amiss We must next crave leave to be still of the same mind we were till it shall be made evident to our understandings that the King is there in his power as it is evident to our senses that he is not there in his Person Which so far as our natural reason and small experience will serve us to judge all that hath been said to that purpose can never do For first to the point of presence 1. We have been brought up in a belief that for the making of Laws the actual Royal assent was simply necessary and not only a virtual assent supposed to be included in the Votes of the two Houses otherwise what use can be made of his Negative voice or what need to desire his Royal assent to that which may be done as well without it 2. The Statute providing that the King's assent to any Bill signified under his Great Seal shall be to all intents of Law as valid and effectual as if he were personally present doth clearly import that as to the effect of making a Law the Kings Power is not otherwise really present with the two Houses than it appeareth either in his Person or under his Seal Any other real presence is to us a riddle not much unlike to that of Transubstantion an imaginary thing rather devised to serve turns than believed by those that are content to make use of it 3. Such presence of the King there when it shall be made appear to us either from the Writs whereby the Members of both Houses are called together or by the standing Laws of the Land or by the acknowledged judgment and continued practice of former and later Ages or by any express from the King himself clearly declaring his mind to that purpose we shall then as becometh us acknowledge the same and willingly submit thereunto And as for the Argument drawn from the Analogy of other Courts wherein the King's Power is always supposed to be virtually present under submission we conceive it is of no consequence 1. The Arguments à minore and à majore are subject to many fallacies and unless there be a parity of reason in every requisite respect between the things compared will not hold good A petty Constable they say may do something which a Justice of Peace cannot do And the Steward of a petty Mannor hath power to administer an Oath which as we are told the House of Commons it self hath no power to do 2. That the High Court of Parliament is the Supream Judicatory we have been told it is by virtue of the King 's right of presiding there he being the Supream Iudge and the Members of both Houses his Council which being so the reason of difference is plain between that and other Judicatories in sundry respects 1. The Judges in other Courts are deputed by him and do all in his Name and by his Authority and therefore the presence of his power in those Courts of Ministerial Jurisdiction is sufficient his Personal presence not necessary neither hath he any Personal vote therein at all But in the high Court of Parliament where the King himself is the Supream Judge judging in his own Name and by his own Authority his Power cannot be presumed to be really present without either the actual presence of his person or some virtual representation thereof signified under his Great Seal 2. The Judges in Inferiour Courts because they are to act all in his Name and by his Authority do therefore take Oaths of fidelity for the right exercising of Judicature in their several places sitting there not by any proper interest of their own but only in right of the King whose Judges they are and therefore they are called the King's Judges and his Ministers But in the high Court of Parliament the Lords and Commons sit there in Council with the King as Supream Judge for the good of the whole Realm
the use of indifferent things The Romans Corinthians and others to whom St. Paul wrote about these matters being not limited any way in the exercise of their liberty therein by any over-ruling Authority But where the Magistrates have interposed and thought good upon mature advice to impose Laws upon those that are under them whereby their liberty is not infringed as some unjustly complain in the inward judgment but only limited in the outward exercise of it there the Apostolical directions will not hold in the same absolute manner as they were delivered to those whom they then concerned but only in the equity of them so far forth as the cases are alike and with such meet qualifications and mitigations as the difference of the cases otherwise doth require So that a man ought not out of private fancy or meerly because he would not be observed for not doing as others do or for any the like weak respects to do that thing of the lawfulness whereof he is not competently perswaded where it is free for him to do otherwise which was the case of these weak ones among the Romans for whose sakes principally the Apostle gave these directions But the Authority of the Magistrates intervening so alters the case that such a forbearance as to them was necessary is to as many of us as are commanded to do this or that altogether unlawful in regard they were free and we are bound for the Reasons already shewn which I now rehearse not But you will yet say for in point of obedience men are very loath to yield so long as they can find any thing to plead those that lay these burdens upon us at leastwise should do well to satisfie our doubts and to inform our Consciences concerning the lawfulness of what they enjoyn that so we might render them obedience with better chearfulness How willing are we sinful men to leave the blame of our miscarriages any where rather than upon our selves But how is it not incongruous the while that those men should prescribe rules to their Governours who can scarcely brook their Governours should prescribe Laws to them It were good we should first learn how to obey ere we take upon us to teach our betters how to govern However what Governours are bound to do or what is fit for them to do in the point of information that is not now the question If they fail in any part of their bounden duty they shall be sure to reckon for it one day but their Iailing cannot in the mean time excuse thy disobedience Although I think it would prove a hard task for whosoever should undertake it to shew that Superiours are always bound to inform the Consciences of their Inferiours concerning the lawfulness of every thing they shall command If sometimes they do it where they see it expedient or needful sometimes again and that perhaps oftner it may be thought more expedient for them and more conducible for the publick peace and safety only to make known to the people what their pleasures are reserving to themselves the Reasons thereof I am sure in the point of Ecclesiastical Ceremonies and Constitutions in which case the aforesaid Allegations are usually most stood upon this hath been abundantly done in our Church not only in the learned writings of sundry private men but by the publick declaration also of Authority as is to be seen at large in the Preface commonly printed before the Book of Common Prayer concerning that Argument enough to satisfie those that are peaceable and not disposed to stretch their wits to cavil at things established And thus much of the second Question touching a doubting Conscience whereon I have insisted the longer because it is a point both so proper to the Text and whereat so many have stumbled There remaineth but one other Question and that of far smaller difficulty What is to be done when the Conscience is scrupulous I call that a scruple when a man is reasonably well perswaded of the lawfulness of a thing yet hath withal some jealousies and fears lest perhaps it should prove unlawful Such scruples are most incident to men of melancholy dispositions or of timorous Spirits especially if they be tender conscienced withal and they are much encreased by the false suggestions of Satan by reading the Books or hearing the Sermons or frequenting the company of men more strict precise and austere in sundry points than they need or ought to be and by sundry other means which I now mention not Of which scruples it behooveth every man first to be wary that he doth not at all admit them if he can choose Or if he cannot wholly avoid them that secondly he endeavour so far as may be to eject them speedily out of his thoughts as Satan's snares and things that may breed him worfer inconveniencies Or if he cannot be so rid of them that then thirdly he resolve to go on according to the more profitable perswasion of his mind and despise those scruples And this he may do with a good Conscience not only in things commanded him by lawful Authority but even in things indifferent and arbitrary and wherein he is left to his own liberty REASONS Of the present JUDGMENT OF THE University of OXFORD Concerning The Solemn League and Covenant The Negative Oath The Ordinances concerning Discipline and Worship Approved by general consent in a full Convocation Iune 1. 1647. And presented to Consideration LONDON Printed for Richard Marriott 1678. A Solemn League and Covenant for Reformation and Defence of Religion the honour and happiness of the King and the Peace and Safety of the three Kingdoms England Scotland and Ireland WE Noblemen Barons Knights Gentlemen Citizens Burgesses Ministers of the Gospel and Commmons of all sorts in the Kingdoms of England Scotland and Ireland by the Providence of God living under one King and being of one Reformed Religion having before our eyes the glory of God and the advancement of the Kingdom of our Lord and Saviour Iesus Christ the honour and happiness of the King's Majesty and his Posterity and the true publick Liberty Safety and Peace of the Kingdoms wherein every ones private Devotion is included and calling to mind the treacherous and bloody Plots Conspiracies Attempts and Practices of the Enemies of God against the true Religion and how much their rage power and presumption are of late and at this time increased and exercised whereof the deplorable estate of the Church and Kingdom of Ireland the distressed estate of the Church and Kingdom of England and the dangerous estate of the Church and Kingdom of Scotland are present and publick Testimonies We have now at last after other means of Supplication Remonstrance Protestations and Sufferings for the preservation of our selves and our Religion from utter ruine and destruction according to the commendable practice of these Kingdoms in former times and the Example of God's People in other Nations after mature deliberation resolved and determined to