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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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-day My opinion is that the observation of the 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