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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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he will grant keep and confirm the Laws Customs and Franchises granted to the Clergy by the glorious King S. Edward And that he will grant and preserve unto the Bishops and to the Churches committed to their charge all Canonical Priviledges and due Law and Iustices and that he will protect and defend them as every good King in his Kingdom ought to be Protector and Defender of the Bishops and the Churches under their Government Vide Exact Col. Pag. 290 291. † See Stat. 25 H. 8.20 1 E. 6.2 ‖ See Stat. 39 Eliz. 8. * Stat. 14 E. 3.4 5. 17 E. 3.14 † Stat. 26 H. 8.3 1 Eliz. 4. * Supremam potestatem merum imperium apud nos habet Rex Cambden Whereas by sundry divers old authentick Histories and Chronicles it is manifestly declared and expressed that this Realm of England is an Empire and so hath been accepted in the world governed by one Supream Head and King having the Dignity and Royal Estate of the Imperial Crown of the same Stat. 24 H. 8.12 See also 1 Eliz. 3. † The Lords and Commons do declare That they intend a due and necessary Reformation of the Liturgy of the Church and to take away nothing therein but what shall be evil and justly often five or at least unnecessary burthensom Dec. 9 Apr. 1642. Exact Col. p. 135. * From whence it is most evident That the Rights and Privileges of Parliaments and Liberties of the Kingdom are in the first place to be preserved Answer to Scotish Papers 18 Nov. 1546 pag. 21 † We observe you mention the defence of the King twice from the Covenant yet in both places leave out In the preservation and c. p. 39 46. a main clause without which the other part ought never to be mentioned p. 56. * Heretici nec Deo nec hominibus servant fidem Speciatim hoc addo Calvinistas in hac re deteriores esse quá Lutheranos Num Calviniste nullem servant fidem Iura perjura Lutherani moderationes sunt Becan 5. Manual Controv. 14. n. 4. 6. † Invent Oaeths and Covenants for the Kingdom dispense with them when he pleaseth swear and forsweae as the wind turneth like a godly Presbyter Arraign of Persec in Epist. Ded. * By the Covenant both Houses of Parliament and many thousands of other his Majesties Subjects of England and Ireland stand bound as well as we to hinder the setting up of the Church Government by Bishops in the Kingdom of Scotland And that we as well as they stand bound to endeavour the extirpation thereof in England and Ireland Scots Declaration to the States of the United Provinces 5 Aug 1645. recited in Answer to the Scot's Papers pag. 23 † The old forms of Acts of Parliament were The King willeth provideth ordaineth establisheth granteth c. by the assent of Parliament c. See Statutes till 1 H. 4. After that The King of the assent of the Lords Spiritual and Temporal and at the special instance and request of the Commons of this Realm hath ordained c. See Statutes 1 H. 4. till 1 H. 7. A form of such Petition of the Commons see 1 R. 3. 6. Prayen the Commons in this present Parliament assembled that where c. Please it therefore your Highness by the advice and assent of the Lords Spiritual and Temporal in this your present Parliament assembled and by the Authority of the same to ordain c. No Bill is an Act of Parliament Ordinance or Edict of Law although both the Houses agree unanimously in it till it hath the Royal Assent Ancient Customes pag. 54. Assemblee de ceux troys Estats est appellee un Act de Parliament car sans touts troys n'est ascun Act de Parl. Finch Nomotech sol 21. We admit that no Acts of Parliament are compleat or formally binding without the King's assent H. P. Answer to David Ienkins pag. 6. * which if your Majesty shall be pleased to adorn with your Majesties Royal assent without which it can neither be compleat and perfect nor Stat. 1 Jac. 1. † Stat. 33 H. 3. 21. * Dominus Rex habet ordinariam jurisdictionem dignitatem potestatem super omnes qui in regno suo sunt Ea quae jurisdictionis sunt paecis ad nullum pertinent nisi ad coronam dignitatem Regiam nec à corona sebarari possunt Bracton cited by Stamford lib. 2. cap. 2. * For in our Laws the Clergy Nobility and Commonalty are the three Estates we your said most loving faithful and obedient Subjects viz. the Lords Spiritual and Temporal and the Commons representing your three Estates of your Realm of England 1 Eliz. 3. the State of the Clergy being one of the greatest States of this Realm 8 Eliz. 1. † See Finch supra ad lit d † The Crown of England hath been so free at all times that it hath been in no earthly subjection but immediately to God in all things touching the Regality of the said Crown 16 R. 2. 5. Omnis sub so est ipsi sub nallo nisi tantum sub Deo Parem autem non habet Rex in Regno suo quia Item nec multo fortius superiorem aut potentiorem habere dibet quia sic esset inferior suis subjectis Bracton conten 1. Rubr. 36. Cui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 legibus ipsis legum vim imponendi potestatem Deus dedit Finch Nomotech in Epist. Dedic to King Iames. * Fons Iustitiae Bracton By War to intend the alteration of the Laws in any part of them is to levy war against the King and consequently Treason by the Statute of 25 E. 3. because they are the King's Laws He is the Fountain from whence in their several Channels they are derived to the Subject Master Saint Iohn's Speech concerning the Earl of Strafford pag. 12. * Et ibidem vobiscum colloquium habere tractare super dictia negotiis tract vestrumque consilium impensur Writ to the Lords † Every Subject by the duty of his Allegiance is bounden to serve and assist his Prince and Sovereign Lord at all seasons when need shall re quire 11 H. 7. 18. St. 1 El. 1. 1 Cor. 5.1 c. 1 Cor. 11. 28 c. 1 Eliz. * Stat. 23. Eliz. 1. 29 Eliz. 6. 35 El. 1. 2. 3 Iac. 4. 5.
his Separation 4. By an implied Confession That the Laws formerly made against Papists in this Kingdom and all punishments by virtue thereof inflicted upon them were unjust in punishing them for refusing to joyn with us in that form of Worship which our selves as well as they do not approve of 2. Without manifest wrong unto our selves our Consciences Reputation and Estates in bearing false witness against our selves and sundry other ways by swearing to endeavour to reform that as corrupt and vicious 1. Which we have formerly by our Personal Subscriptions approved as agreeable to God's Word and have not been since either condemned by our own hearts for so doing or convinced in our Judgements by any of our Brethren that therein we did amiss 2. Which in our Consciences we are perswaded not to be in any of the four specified Particulars as it standeth by Law established much less in the whole four against the Word of God 3. Which we verily believe and as we think upon good grounds to be in sundry respects much better and more agreeable to the Word of God and the practice of the Catholick Church than that which we should by the former words of this Article swear to preserve 4. Whereunto the Laws yet in force require of all such Clerks as shall be admitted to any Benefice the signification of their hearty assent to be attested openly in the time of Divine Service before the whole Congregation there present within a limited time and that un-under pain upon default made of the loss of every such Benefice 3. Without manifest danger of Perjury This branch of the Article to our best understandings seeming directly contrary 1. To our former solemn Protestation which we have bound our selves neither for hope fear or other respect ever to relinquish Wherein the Doctrine which we have vowed to maintain by the name of the true Protestant Religion expressed in the Doctrine of the Church of England we take to be the same which now we are required to endeavour to reform and alter 2. To the Oath of Supremacy by us also taken according to the Laws of the Realm and the Statutes of our University in that behalf Wherein having first testified and declared in our Consciences That the King's Highness is the only Supreme Governour of this Realm we do after swear to our power to assist and defend all Iurisdictions Priviledges Preheminences and Authorities granted or belonging to the King's Highness his Heirs and Successors or united and annexed to the Imperial Crown of this Realm One of the which Priviledges and Preheminences by an express Statute so annexed and that even interminis in the self-same words in a manner with those used in the Oath is the whole power of Spiritual or Ecclesiastical Jurisdiction for the correction and reformation of all manner of errors and abuses in matters Ecclesiastical as by the words of the said Statute more at large appeareth The Oath affording the Proposition and the Statute the Assumption we find no way how to avoid the Conclusion § IV. Of the second Article of the Covenant FIrst It cannot but affect us with some grief and amazement to see that ancient form of Church Government which we heartily and as we hope worthily honour as under which our Religion was at first so orderly without violence or tumult and so happily reformed and hath since so long flourished with Truth and Peace to the honour and happiness of our own and the envy and admiration of other Nations not only 1. Endeavoured to be extirpated without any reason offered to our Understandings for which it should be thought necessary or but so much as expedient so to do But also 2. Ranked with Popery Superstion Heresie Schism and Prophaneness which we unfeignedly profess our selves to detest as much as any others whatsoever 3. And that with some intimation also as if that Government were some way or other so contrary to sound Doctrine or the power of godliness that whosoever should not endeavour the extirpation thereof must of necessity partake in other mens sins which we cannot yet be perswaded to believe 4. And we desire it may be considered in case a Covenant of like form should be tender'd to the Citizens of London wherein they should be required to swear they would sincerely really and constantly without respect of persons endeavour the extirpation of Treason the City Government by a Lord Mayor Aldermen Sheriffs Common Council and other Officers depending thereon Murther Adultery Theft Cosenage and whatsoever shall be c. lest they should partake in other mens sins whether such a tendry could be looked upon by any Citizen that had the least spirit of freedome in him as an act of Justice Meekness and Reason Secondly for Episcopal Government we are not satisfied how we can with a good Conscience swear to endeavour the extirpation thereof 1. In respect of the thing it self Concerning which Government we think we have reason to believe 1. That it is if not Iure Divino in the strictest sense that is to say expresly commanded by God in his Word yet of Apostolical Institution that is to say was established in the Churches by the Apostles according to the mind and after the Example of their Master Iesus Christ and that by virtue of their ordinary Power and Authority derived from him as deputed by him Governours of his Church 2. Or at least that Episcopal Aristocracy hath a fairer pretension and may lay a juster title and claim to a Divine Institution than any of the other Forms of Church Government can do all which yet do pretend thereunto viz. that of the Papal Monarchy that of the Presbyterian Democracy and that of the Independents by particular Congregations or gathered Churches 2. But we are assured by the undoubted Testimony of ancient Records and later Histories that this Form of Government hath been continued with such an universal uninterrupted unquestioned succession in all the Churches of God and in all Kingdoms that have been called Christian throughout the whole world for fifteen hundred years together that there never was in all that time any considerable opposition made there against That of Aerius was the greatest wherein yet there was little of consideration beside these two things That it grew at the first but out of discontent and gained him at the last but the reputation of an Heretick From which antiquity and continuance we have just cause to fear that to endeavour the extirpation thereof 1. Would give such advantage to the Papists who usually object against us and our Religion the contempt of Antiquity and the love of Novelty that we should not be able to wipe off the aspersion 2. Would so diminish the just Authority due to the consentient judgment and practice of the Universal Church the best Interpreter of Scripture in things not clearly exprest for Lex currit cum praxi that without it we should be at a loss in sundry points both of
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