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law_n	king_n	lord_n	parliament_n	20,596	5	6.9552	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86302	Respondet Petrus: or, The answer of Peter Heylyn D.D. to so much of Dr. Bernard's book entituled, The judgement of the late Primate of Ireland, &c. as he is made a party to by the said Lord Primate in the point of the Sabbath, and by the said doctor in some others. To which is added an appendix in answer to certain passages in Mr Sandersons History of the life and reign of K· Charles, relating to the Lord Primate, the articles of Ireland, and the Earl of Strafford, in which the respondent is concerned.	Heylyn, Peter, 1600-1662.	1658 (1658)	Wing H1732; Thomason E938_4; Thomason E938_5; ESTC R6988	109,756	140

Mr. Ley accused by the Lord Primate for being too cold and waterish in the point of the Sabbath That by the Declaration of the three Estates convened in Parliament 5. 6. of Edw. 6. the times of publick worship are left to the liberty of the Church and that by the Doctrine of the Homilies the keeping of the Lords day hath no other ground then the consent of godly Christian people in the Primitive times No more of the fourth commandment to be now retained by the Book of Homilies then what belongs to the Law of Nature Working in Harvest and doing other necessary business permitted on the Lords day both by that Act of Parliament and the Queens Iniunctions No restraint made from Recreations on the Lords day till the first of King James The Sundaies and other Festivals made equal in a manner by the publick Liturgy and equal altogether by two Acts of Parliament The Answer to the Lord Primates Obiection from the Book of Homilies with reference to the grounds before laid down The difference between the Homilies of England and the Articles of Ireland in the present case Several strong Arguments to prove the Homily to mean no otherwise then as laid down in the said Answer Doctor Bounds Sabbath Doctrines lookt on as a general grievance and the care taken to suppress them WE are now come unto the third most material charge of all the rest by which the Historian stands accused for opposing the Doctrine of the Church of England in the Book of Homilies to which he had formerly subscribed and that too in so gross a manner that all the Sophistry he had could neither save him harmless for it nor defend him in it This is an heavy charge indeed and that it may appear the greater the Lord Primate layes it down with all those aggravations which might render the Historian the less able either to traverse the Indictment or plead not guilty to the Bill I wonder saith he in his Letter to an Honourable Person pag. 110. how Doctor Heylyn having himself subscribed to the Articles of Religion agreed upon in the Synod held at London Anno 1562. can oppose the conclusion which he findeth directly laid down in the Homily of the time and place of Prayer viz. God hath given express charge to all men in the fourth Commandment that upon the Sabbath day which is now our Sunday they shall cease from all weekly and week-day labour to the intent that like as God himself wrought six dayes and rested the seventh and blessed and consecrated it to quietness and rest from labour even so Gods obedient people should use the Sunday holily and rest from their common and dayly business and also give themselves wholly to the heavenly exercise of Gods true Religion and service This is the charge which the Historian suffers under wherewith the Lord Primate as it seems did so please himself that like a crambe his cocta it is served in again in his Letter unto Mr. Ley but ushered in with greater preparation then before it was For whereas Mr. Ley had hammered a Discourse about the Sabbath which he communicated to the Lord Primate to the end it might be approved by him the Lord Primate finds some fault with the modesty of the man as if he came not home enough in his Propositions to the point in hand Your second Proposition saith he p. 105. is too waterish viz. That this Doctrine rather then the contrary is to be held the Doctrine of the Church of England and may well be gathered out of her publick Liturgy and the first part of the Homily concerning the place and time of prayer Whereas you should have said that this is to be held undoubtedly the Doctrine of the Church of England For if there could be any reasonable doubt made of the meaning of the Church of England in her Liturgy who should better declare her meaning then her self in her Homily where she peremptorily declareth her mind That in the fourth Commandment God hath given express charge to all men c. as before we had it Assuredly a man that reads these passages cannot chuse but think that the Lord Primate was a very zealous Champion for the Doctrine of the Church of England but upon better consideration we shall find it otherwise that he only advocateth for the Sabbatarians not onely contrary to the doctrine of the Church of England but the practise also which that we may the better see I shall lay down plainly and without any sophistry at all upon what grounds the Lords day stood in the Church of England at the time of the making of this Homily both absolutely in it self and relatively in respect of the other Holy dayes And first we are to understand that by the joint Declaration of the Lords Spiritual Temporal and the Commons assembled in Parliament in the 5. 6. years of King Edw. 6. the Lords day stands on no other ground then the Authority of the Church not as enjoyned by Christ or ordained by any of his Apostles For in that Parliament to the honour of Almighty God it was thus declared viz. Forasmuch as men be not at all times so mindful to laud and praise God so ready to resort to hear Gods holy word and to come to the holy Communion c. as their bounden duty doth require therefore to call men to remembrance of their duty and to help their infirmities it hath been wholsomly provided that there should be some certain times and dayes appointed wherein Christians should cease from all kind of labour and apply themselves onely and wholly unto the aforesaid holy works properly pertaining to true Religion c. which works as they may well be called Gods service so the times especially appointed for the same are called holy dayes Not for the matter or the nature either of the time or day c. for so all dayes and times are of like holiness but for the nature and condition of such holy works c. whereunto such dayes and times are sanctified and hallowed that is to say separated from all profane uses and dedicated not unto any Saint or Creature but onely unto God and his service dayes●rescribed ●rescribed in holy Scripture but the appointment both of the time and also of the number of dayes is left by the Authority of Gods word unto the liberty of Christs Church to be determined and assigned orderly in every Country by the discretion of the Rulers and Ministers thereof as they shall judge most expedient to the setting forth of Gods glory and edification of their people Which Statute being repealed in the Reign of Queen Mary was revived again in the first year of Queen Elizabeth and did not stand in force at the time of the making of this Homily which the Lord Primate so much builds on but at such time also as he wrote his Letter to Mr. Ley and to that Honourable Person whosoever he was

spent in some religious Acts of solemn worship though never kept so by the Iewes yet was it but one whole day in a year and that injoyn'd also by a positive Law which if it be sufficient to discharge the obligation laid upon us by the Law of Nature the observation of the Sabbath formerly of the Lords day now may be thought superfluous And if no such whole day were kept or required to be kept by the Iewes Gods peculiar people there is small hope to find it amongst the Gentiles who did too much attend their profit and indulge their pleasures to spend whole dayes upon the service of their gods I speak here of that which the Gentiles did in ordinary and common course as a thing constantly required of them and observed by them and not of any extraordinary and occasional action such as the three dayes fast which was kept in Nineve by the Kings command upon that fearful Proclamation which was made against it by the Prophet Ionah As for the Christians I dare with confidence affirm that the spending of the whole Lords day in the acts of worship was never required of them or of any of them by any Imperial Edict or National Law or Constitution of the Church till the year 1615. at what time it was enjoyned by the Articles of the Church of Ireland as shall be proved at large hereafter when that passage in those Articles comes to be examined The Lord Primates first Proposition being thus blown off we next proceed to the examination of the second that is to say That the solemn day of worship should be one in seven was juris Divini positivi recorded in the fourth Commandment A proposition which will find few Friends and many Adversaries especially as it comes attended with the explication which he makes upon it For first it crosseth with Tostatus a man of as great industry and as much variety of learning as any of the age he lived in and not with him onely but with Thomas Aquinas the great Dictator of the Schools and generally with all the School-men of which thus Dr. Prideaux in his Tract De Sabbato Sect. 3. It is as Abulensis hath it a Dictate of the Law of Nature that some set time be put apart for Gods holy worship but it is Ceremonial and Legal that this worship should be restrained either to one day of seven or the seventh day precisely from the worlds creation A time of rest is therefore moral but the set time thereof is ceremonial which is confessed by those who have stood most on this Commandment and urged it even to a probable suspicion of Iudaisme Aquinas also so resolves it and which is seldome seen in other cases the School-men of what Sect soever say the same whereby saith he we may perceive in what respects the Fathers have sometimes pronounced it to be a ceremony and a shadow and a figure onely In the next place it crosseth with the Sabbatarians of these later times who generally make the sanctifying of one day in seven to be the moral part of the fourth Commandment the limiting of that day to the last day of the week or the seventh day on which God rested to be the ceremonial part of it and it concerns them so to do in point of interest for otherwise they could find no ground for the morality of the Lords day Sabbath and founding that morality on the fourth Commandment and pressing it upon the consciences of the people with such art and industry So that we have three parts at least of this one Commandment viz. the moral part consisting in the setting apart of one whole day but no matter when for Gods solemn worship the Positive part consisting as the Lord Primate saith in sanctifying one day in seven and then the ceremonial part in limiting that day to the seventh day precisely of the creation of the world on which God rested from his labours And strange it were if the judicial Law should not put in also for a share and make up the fourth the man that gathered sticks on the Sabbath day being tried according to this Law and condemned accordingly But here before we shall proceed to the Explication by which the Lord Primate makes his opinion more agreeable to the Sabbatarians then at first it seemed I must ask some of the Lord Primates followers where I shall find the Institution of that positive Law which before we heard of by whom it was ordained and on whom imposed for positive Laws must be declared and enjoyned in terms express or else they are neither Laws nor Positive If they shall say that we may find the Institution of it in the second of Genesis then must it be the sanctifying of that very seventh day on which God rested from his labours and not the setting apart or sanctifying of one day in seven as the Lord Primate would fain have it And secondly if the setting a part or sanctifying of one day in seven as it is juris Divini positive be that which is recorded in the fourth Commandment as the Lord Primate sayes it is then must it also be the same very seventh day on which God rested as before there being no other day but that commanded to be kept holy in that Commandment or mentioned to be blessed and sanctified by the Lord our God And on the other side if sanctifying the seventh day precisely on which God rested from his labours either as mentioned in the fourth Commandment or instituted in Gen. 2. be onely juris ceremonialis but a matter of Ceremony as the Sabbatarians would fain have it then as they leave no room at all for the Lord Primates positive Law in either Scripture so do they furnish the Church with a better Argument against themselves concerning the Antiquity and use of Ceremonies then hath yet been thought of But leaving them to free themselves from these perplexities at their better leisure we must next see what satisfaction will be offered to the Sabbatarians who make the sanctifying of one day in seven to be the moral not the positive part of the fourth Commandment And herein we shall find the Lord Primate very ready to give them all possible contentment And therefore he ascribes so much morality to his positive Law as to make it immutable and unchangeable by Men or Angels which is one of the chiefe priviledges of the moral Law and then he fixeth the first Institution of it on Gen. 2. which makes it equal in a manner to the Law of Nature if not part thereof And first saith he I mean here such a jus Divinum positivum as Baptism and the Lords Supper are established by which lieth not in the power of any Man or Angel to change or alter pag. 105. This makes it somewhat of kin to a moral precept of which the School-men have afforded us this general Aphorism Praecepta legis naturalis esse indispensabilia that is to say that the

followeth in that Statute Be it enacted c. that all the dayes hereafter mentioned shall be kept and commanded to be kept holy dayes and none other that is to say all Sundayes in the year the feasts of the Circumcision of our Lord Jesus Christ of the Epiphany of the Purification with all the rest now kept and there named particularly The like ennumeration we have also in the Book of Common-prayer the publick Liturgy of this Church by Law established where we shall find it thus expressed That these shall be accounted holy dayes and none other that is to say all Sundayes in the year the feast of the Circumcision the Epiphany with all the rest before specified in the Act of Parliament Nor doth the Church onely rank the Lords day with other holy dayes in that enumeration of them but hath appointed the same Divine offices the Letany excepted onely to be performed upon the Saints days other festivals as upon the Sundays each of them having his proper Lesson Collect Epistle and Gospel as the Sunday hath and some of them their proper Psalms also which the Sunday hath not And as for the attendance of the people it is required with as much diligence upon the Saints dayes and other Festivals as upon the Lords day by the Laws of this land For so it is enacted in the Statute of the first of Queen Elizabeth viz. That all and every Person and Persons inhabiting within this Realm c. shall diligently and faithfully endeavour themselves to resort to their Parish Church or Chappel c. upon every Sunday and other dayes ordained and used to be kept as holy dayes then and there to abide orderly and soberly during the time of common prayer preaching or other service of God Nor was it only enacted that men should diligently repair to their Church or Chappel as well upon the other holy dayes as upon the Sunday but that the same penalty was imposed on such as without any reasonable let did absent themselves as well upon the one as upon the other For so it follows in that Statute viz. That every person so offending shall not alone be subject unto the censures of the Church but shall forfeit for every such offence twelve pence to be levied to the use of the poor of the same parish by the Church-wardens of the same c. Which grounds thus laid the Lord Primates Argument from the Book of Homilies will be easily answered For if the weight of his argument lie in the first words cited out of the Homily that in the fourth Commandment God hath given express charge to all men that upon the Sabbath day which is now our Sunday c. and therefore that the Sunday or Lords day may be called a Sabbath this will prove nothing but a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or a contention about words and not within the compass of the Homily neither it being declared in the former words of the same Homily that we keep now the first day which is our Sunday and make that our Sabbath that is our day of rest So that the destinating of the Sunday or first day of the week for the day of rest makes it at the most but a tanquam to the Sabbath neither entituling it to the name nor prerogatives of it But if the weight of the Argument lie in these words viz. That men upon the Sunday or Lords day should cease from all weekly and work-day labour c. and also give themselves wholly to Heavenly exercises of Gods true Religion and service For the first part thereof touching the forbearing of all weekly and work-day labour is no otherwise to be understood but of such labours as are prohibited by the Laws of the Realm or otherwise may prove an avocation from Gods publick service at the times appointed for the same And as for the last words touching mens giving of themselves wholly to heavenly exercises of Gods true Religion and service they are of a far differing meaning from the Article of the Church of Ireland for which the Lord Primate chiefly stickleth in which it is declared that the first day of the week which is the Lords day is wholly to be dedicated to the service of God For certainly there is a great difference between the dedicating of a day wholly to the service of God as in the Articles of Ireland and the giving of our selves wholly to heavenly exercises as in the Homilies of England the one implying that no part of the day is to be otherwise spent then in the service of God no place being left either for necessary business or for lawful pleasure the other that in the Acts and times of publick worship we should give our selves wholly that is our whole selves souls and bodies to the performance of those heavenly exercises which are then required It had before been told us in this very Homily that nothing in the fourth Commandment was to be retained but what was found appertaining to the Law of Nature but it appertaineth not to the Law of Nature either that one day in seven should be set apart for Religious worship or that this one day wholly be so imployed vel quod per totam diem abstineatur ab operibus servilibus as Tostatus hath it or that there be an absolute cessation during the whole day from all servile works By consequence there is no more required of us by the Law of Nature in this case but that at the times appointed for Gods publick worship we wholly sequester our selves yea our very thoughts from all worldly business fixing our souls and all the faculties thereof upon that great and weighty business which we are in hand with That does indeed appertain to the Law of Nature Naturale est quod dum Deum colimus ab aliis abstineamus as Tostatus hath it and to this point we have been trained in the Schools of Piety Orantis est nihil nisi coelestia cogitare as was said before So that the meaning of the Homily in that place will be onely this that for those times which are appointed by the Church for the assembly of Gods people we should lay by our daily business and all worldly thoughts and wholly give our selves to the heavenly exercises of Gods true Religion and service as in the Homily we are willed And that this only was the meaning of the Homily in that place may be convincingly concluded from the reasons following First from the improbability that the Authors of that Homily should propound a Doctrine so evidently contrary to the Declaration of the Act of Parliament in the 5 6. of Edw. 6. which was then in force and unto which not onely the Commons and the Lords Temporal but even the Lords Spiritual and the King himselfe did most unanimously concur or that the Queen should authorize a Doctrin in the Book of Homilies as by ratifying the 39. Articles she must be supposed to have done

But since he hath appeal'd to the Book of Homilies to the Book of Homilies let him go where he shall find as little comfort as he found in the Statute For in the Homily touching the time and place of prayer out of which the Lord Primate hath selected this particular passage it is thus doctrinally resolved viz. As concerning the time in which God hath appointed his people to assemble together solemnly it doth appear by the fourth Commandment c. And albeit this commandment of God doth not bind Christian people so streightly to observe and keep the utter Ceremonies of the Sabbath day as it did the Jewes as touching the forbearing of work and labour in the time of great necessity and as touching the precise keeping of the seventh day after the manner of the Jews for we keep now the first day which is our Sunday and make that our Sabbath that is our day of rest in honour of our Saviour Christ who as upon that day rose from death conquering the same most triumphantly Yet notwithstanding whatsoever is found in the Commandment appertaining to the Law of Nature as a thing most godly most iust and needful for the setting forth of Gods glory ought to be retained and kept of all good christian people So that it being thus resolved that there is no more of the fourth Commandment to be retained by good Christian people then what is found appertaining to the Law of Nature that the law of nature doth not tie us to one day in 7. or more to one day of the 7. then to any other let us next see by what Authority the day was changed how it came to be translated from the 7th to the first Concerning which it follows thus in the said Homily viz. This example and commandment of God the godly christian people began to follow immediately after the Ascension of our Lord Christ and began to chuse them a standing day of the week to come together in the very same with that before declared in the Act of Parliament yet not the seventh day which the Jewes kept but the Lords day the day of the Lords Resurrection the day after the seventh day which is the first day of the week c. Sit hence which time Gods people hath always in all ages without any gainsaying used to come together on the Sunday to celebrate and honour Gods blessed name and carefully to keep that day in holy rest and quietness both man and woman child servant and stranger So far the Homily and by the Homily it appears plainly that the keeping of the Lords day is not grounded on any commandment of Christ nor any precept of the Apostles but that it was chosen as a standing day of the week to come together in by the godly christian people immediately after Christs Ascension and hath so continued ever since So then the keeping of the Lords day being built on no other grounds as is declared both in the Homily and the Act of Parliament then the authority of the Church the consent of godly Christian people it must needs follow thereupon that it is to be kept with no greater strictness with reference either unto worldly business or honest recreations then what is required of the people by the Law of the Land the Canons of the Church or by the Edicts and Proclamations of the King or other supreme Governour under whom we live And if we please to look into the Act of Parliament before remembred we shall find it thus in reference unto worldly business viz. It shall be lawful to every Huusbandman Labourer Fisherman and to all and every other Person or Persons of what Estate Degree or Condition he or they be upon the Holy dayes aforesaid of which the Lords day is there reckoned for one in Harvest or at any other times in the year when necessity shall so require to labour ride fish or work any kind of work at their free will and pleasure any thing in this Act to the contrary notwithstanding The like we also find as to worldly business in the Queens Iniunctions published in the first year of her Reign in which the Sunday is not onely counted with the other holy dayes but labour labour at some times permitted and which is more enjoyned upon it For in those Injunctions it is ordered with a non obstante That all Parsons Vicars and Curates shall teach and declare unto their Parishoners that they may with a safe and quiet conscience after Common-prayer in the time of Harvest labour upon the holy and festival dayes and save that thing which God hath sent And if for any Scrupulosity or grudge of conscience men should superstitiously abstain from working on these dayes that then they should grievously offend and displease God And though it may be said that the Queens Injunction and every thing therein contained was buried in the same Grave with her yet cannot this be said of the Act of Parliament which is still in force and gives as much permission unto Worldly businesse as the said Injunction And as for Recreations there was not onely permission of such civil pastimes and man-like exercises by which the spirits of men might be refresht and their bodies strengthned but even of Common Enterludes Bear-baitings Bull-baitings and the like fit onely for the entertainment of the ruder or more vulgar sort For though the Magistrates of the City of London obtained from Queen Elizabeth Anno 1580. that Playes and Enterludes should no more be acted on the Sunday within the liberties of their City and that in the year 1583. many were terrified from beholding the like rude sports upon that day by the falling of a Scaffold in Paris Garden whereby many were hurt and eight killed out right yet there was no restraint of either in other parts of the Realm till King James to give a little contentment to the Puritan party in the beginning of his Reign prohibited the same by his Proclamation bearing date at Theobalds May 7. 1630. But for all other civil Recreations they were not onely permitted as they had been formerly but a Declaration issued from that King about sixteen years after concerning lawful sports from which some of the preciser sort of Justices had by their own authority restrained the people In the next place let us behold the Sunday or Lords day comparatively with the Saints days and other Festivals and we shall find them built on the same foundation the same Divine offices performed in both and the like diligent attendance required on both For in the Act of Parliament 5 6. of Edw. 6. before remembred the appointing of all holy dayes and set times of worship being first declared to be left by the Authority of Gods Word unto the liberty of Christs Church to be determined in every countrey by the discretion of the Rulers thereof it is next signified what dayes shall be accounted holy dayes and what shall not For so it