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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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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
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
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