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truth_n ancient_a church_n doctrine_n 1,896 5 6.2759 4 false
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A46343 The judgment and doctrine of the Church of England concerning one special branch of the King's prerogative, viz. in dispencing with the penall laws / asserted by the most reverend father in God, the lords Arch-Bishops Bancroft, Laud and Usher, the right reverend fathers in God, the lords Bishops Sanderson and Cartwright, the reverend doctors, Sir Thomas Ridley L.L.D., Dr. Hevlin, Dr. Barrow, Dr. Sherlock master of the temple, Dr. Hicks, Dr. Nalson and Dr. Puller ; and by the anonymus, author of The harmony of divinity and law : together with the concurring resolutions of our reverend judges, as most consonant and agreeable thereunto ; in a letter from a gentleman of Oxford, to his friend at London. Gentleman of Oxford. 1687 (1687) Wing J1172; ESTC R1415 16,661 48

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with a Non-obstante yet the Queen may grant a Patent with a Non-obstante to cross this Non-obstante I have done Sir now with our Reverend Prelates and Doctors of the Church of England as to this Particular and hope I have sufficiently proved to you that their Judgment and Doctrine doth clearly warrant this Great Prerogative of dispencing with Penal Laws to be in the King. Let us see in the next place what were the Reasons that induced the Reverend Judges in Westminster Hall who the Law sayes are the Expositors of Acts of Parliament and are likewise Custodes jurati ss Praerogativae Regiae so openly and solemnly after mature deliberation to declare their Resolutions in this Point for the King. The Reasons that perswaded them were These that follow viz. I. That the Kings of England are Soveraign Princes II. That the Laws of England are the King's Laws III. That therefore it is an Incident Inseparable Prerogative in the Kings of England as in all other Soveraign Princes to dispence with Penal Laws in particular cases and upon particular necessary Reasons IV. That of these Reasons and these Necessities the King himself is the sole Judge And then which is Consequent upon all V. That this is not a Trust invested in or granted to the King by the People but is the antient Remain of the Soveraign Power and Prerogative of the Kings of England which never yet was taken from them nor can be Now Sir if such hath been the Doctrine of our most Eminent Clergy of the Church of England and in it they have delivered to us nothing but the words of Truth in Righteousness that the King by his Imperial Soveraignty when he shall see the Necessity of the State to require it of which he is the only Judge may dispence with Penal Laws How can you or any man who is a sincere lover of the Church of England be dissatisfied with the Resolution of our Reverend Judges in this matter seeing the Reasons they went upon were only such as were exactly correspondent with the avowed Doctrines before recited and that by this Declaration of theirs the Law of the Kingdom of England concerning this soveraign Power in the Crown is no more than what was before publickly asserted to be the Divinity of the Kingdom Besides Lex vigilat pro Rege saith the Law and the Judges are sworn to maintain all the Kings Prerogatives which are part of the Law of England and comprehended within the same therefore it is said that Imperij Majestas est Tutelae Salus the Dignity of the Prince is the Peoples Security The Kings Prerogative and Priviledges are incident to his Crown and He need not prescribe in any Prerogative for it is as ancient as his Crown is and is not only the Law of the Exchequer but the Law of the Land as that which is his by the ancient Laws of the Land. Wherefore the Judges of the Courts of Westminster are to judge in matters of Prerogative by this Rule that whatsoever may be for the Benefit and Profit of the King shall be taken most largely for him whatever may be against him and for his disprofit shall be taken strictly and it is the Duty of every Judge of all Courts High and Low to take great care to preserve the Kings Right and for that purpose to take every thing at the best for him And Sir unto the Judges the People are bound lastly and finally to submit themselves for matter of Law according to the opinion of the Learned Author of the Royallists Defence But I remember likewise you seemed to startle at the thoughts of this Power and were afraid if at any time the King should think it necessary and convenient to exert it and to grant a general Liberty of Conscience that the Church of England would be extreamly shaken in her security What strange Jealousies and Suspitions some weak men may have I suppose it will not be here worth while to consider but certainly our Great Supporters of the Ark of God can never allow themselves in so feminine a passion They know they have an infinitely wise God and a most Gracious King to trust to this hath been their Doctrine and ought we not to practice it They say 1. They have the Care and Providence of God for their Security who is King of Kings Lord of Lords and the only Ruler of Princes and that the Hearts of Kings are in his Rule and Governance and He doth dispose and turn them as seemeth best to his godly Wisdom according to what Solomon said and perhaps upon his own experience That the Kings Heart is in the hand of the Lord as the Rivers of Water he turneth it whithersoever he will. SO THAT THEY HAVE ALL THE SECURITY THAT ANY PEOPLE IN THE WORLD EVER HAD HAVE OR OUGHT TO HAVE Besides 2. They have a most Gracious King to trust to For 1. They have his Royal Word that he will protect and maintain the Church of England in the free exercise of her Religion as by Law established and can she ever be trusted in safer Hands than his He hath done more than ever any of us durst ever venture to look for to give us Confidence in him enough to puzzle our Understandings as well as our Gratitude And how can he give us better security than he has done Shall we suspect him without cause or remain dissatisfied when he hath given us the best security that our Cause admits of To suspect our Prince where we cannot help our selves is of all fears the most unreasonable 2. Again We have the Conscience of the Prince for our security who hath all the moral Obligations and the fear of God to keep him from oppressing us so long as we keep our selves within the Conscience of the Duty which we owe unto him The Common Principles of Humanity Justice and Equity are engraven by the Finger of God upon the Minds of Kings as well as upon other Mens and they cannot do wrong upon any particular Person much less to great numbers of their Subjects without undergoing the same uneasie remorse that other men do when they injure one another This hath been found by sad experience in Pagan Princes And if Conscience be a restraining Principle in Heathen Princes if they cannot without such Soul torments pervert Justice and violate their Oathes and the Laws it must needs much more be a powerful Principle of Restraint to Christian Kings who are taught to know that they are Gods Ministers and that he will call them to a severe Account for oppressing his People over whom he set them And shall not the fear of God's Anger and Judgments keep the Soveraign from injuring of them 3. But further still As the Church of England hath the Prince's Conscience for her Security so she hath his honour too For Princes like other men are tender of their Honour and good Name and