to call the day of our Christian weekly-rest whether the Sabbath the Lord's-day or Sunday 2. What is the meaning of that Prayer appointed to be used in our Church Lord have Mercy upon us and intline c as it is repeated after and applied to the words of the fourth Commandment 3. Whether it be lawful to use any bodily recreation upon the Lord's-day and if so then what kind of Recreations may be used I. Concerning the Name Sabbatum or Sabbath I thus conceive 1. That in Scripture Antiquity and all Ecclesiastical Writers it is constantly appropriated to the day of the Jews Sabbath or Saturday and not at all till of late years used to signifie our Lord's-day or Sunday 2. That to call Sunday by the name of the Sabboth-day rebus sic slantibus may for sundry respects be allowed in the Christian Church without any great inconveniency and that therefore men otherwise sober and moderate ought not to be censured with too much severity neither charged with Judaism if sometimes they so speak 3. That yet for sundry other respects it were perhaps much more expedient if the word Sabbath in that motion were either not at all or else more sparingly used II. Concerning the name Dominica or the Lord's-day 1. That it was taken up in memory of our Lord Christ's Resurrection and the great work of our Redemption accomplished therein 2. That it hath warrant from the Scripture Apoc. 1. 10 and hath been of long continued use in the Christian Church to signifie the first day of the week or Sunday III. Concerning the name Dies Solis or Sunday 1. That it is taken from the courses of the Planets as the names of the other days are the reason whereof is to be learned from Astronomers 2. That it hath been used generally and of long time in most parts of the World 3. That it is not justly chargeable with Heathenism and that it proceedeth from much weakness at the least if not rather superstition that some men condemn the use of it as prophane heathenish or unlawful IV. Of the fitness of the aforesaid three names compared one with another 1. That according to the several matter or occasions of speech each of the three may be fitter in some respect and more proper to be used than either of the other two As viz. 1. The Name Sabbath when we speak of a time of rest indeterminate and in general without reference to any particular day and the other two when we speak determinately of that day which is observed in the Christian Church Of which two again 2. That of the Lord's-day is fitter in in the Theological and Ecclesiastical and 3. That of Sunday in the civil popular and common use 2. Yet so as that none of the three be condemned as utterly unlawful whatsoever the matter or occasion be but that every man be left to his Christian liberty herein so long as superior Authority doth not restrain it Provided ever that what he doth herein he do it without vanity or affectation in himself or without uncharitable judging or despising his Brother that doth otherwise than himself doth To the second Question V. The words of that Prayer Lord have mercy c. repeated after the fourth Commandment do evidently import as they do in each of the other ten 1. An acknowledgment of three things viz. 1. That the words of that particular Commandment contain in them a Law whereunto we are subject 2. That it is our bounden duty to endeavour with our utmost power to keep the said Law 3. That our naughty hearts have of themselves no inclination to keep it until God by the work of his Grace shall incline them thereunto 2. A double supplication viz. 1. For Mercy in respect of the time past because we have failed of bounden duty heretofore 2. For Grace in respect of the time to come that we may perform our duties better hereafter VI. But how far forth the words of the fourth Commandment are to be taken as a Law binding Christians and by what authority they have that binding power is the main difficulty For the resolution whereof it may suffice every sober minded Christian to understand the Prayer appointed by the Church in that meaning which the words do immediately import and without over-curious inquiry into those things that are more disputable to believe these few points following which ought to be taken as certain and granted amongst Christians viz. 1. That no part of the Law delivered by Moses to the Jews doth bind Christians under the Gospel as by virtue of that delivery no not the ten Commandments themselves but least of all the fourth which all confess to be at least in some part Ceremonial 2. That the particular determination of the time to the seventh day of the week was Ceremonial And so the obligation of the fourth Commandment in that respect although it were Juris divini positivi to the Jew yet is ceased together with other legal Ceremonies since the publishing of the Gospel and bindeth not Christian Consciences 3. That the substance of the fourth Commandment in the general viz. that some certain time should be set apart from secular imployments and to be sanctified to an holy rest for the better attending upon Gods's publick and solemn worship is moral and perpetual and of Divine right as a branch of the Law of Nature whereunto Christians under the Gospel are still bound 4. That de facto The Lord's-day or Sunday is the time appointed to us for that purpose by such sufficient Authority as we stand bound in Conscience to obey absque hoc whether that Authority be immediately Divine or but mediately through the power of the Church This is sufficient to regulate the Judgment and Conscience of every ordinary Christian yet is it not unlawful for Scholars soberly and fairly to argue and debate a little farther matters which are questionable for the better finding out of the Truth And the points in this Argument that are most in controversie are these two viz. 1. Concerning the observation of a weekly Sabbath whether it be of necessity to keep one day of every seven And by what right we ate tied so to do 2. Concerning the change of the Jewish Sabbath into the Lord's day and by what Authority 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 merely 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 it in the power of the Church at her
a stronger obligation to the contrary And it is agreeable to all the reason in the World that he who either by his own voluntary act hath bound himself where lawfully he might so do or by the command of his lawful Superior that hath a right to his service and may exact obedience from him is already bound to do or not to do this or that should not have power to disoblige himself therefrom at his own pleasure or to superinduce upon himself a new Obligation contrary thereunto Obligatio prior praejudicat posteriori As in the case of Marriage a precontract with one party voideth all after-contracts with any other And if a man convey Lands to several persons by Deeds of several date the first conveyance standeth good and all the rest are void and so in all cases of like nature The obligatory power thereof that is in Vows Oaths Promises c. is rightly said by some to be a constructive not a destructive power The meaning is that such acts may create a new Obligation where was none before or confirm an old one but it cannot destroy an old one or substitute another contrary thereunto in the place thereof 7. And the reason of this reason also is yet farther evident for that Quisquis obligatur alteri obligatur When a man is obliged by any act it is also supposed that the obligation is made to some other party to whom also it is supposed some right to accrue by vertue of the said act obligatory and that that other party is by the said act sufficiently vested in that said right of which right he cannot be again devested and deprived by the meer act of him who instated him therein and is obliged to perform it to him unless himself give consent thereunto without the greatest injustice in the World Now God having a perfect right to our obedience by his own obliging Precept both for the not doing hurt to any man and for the doing good to every man upon all fit opportunities and this right also confirmed and ratified by our own obligatory act in a solemn manner before many witnesses at our Baptism when we vowed to keep all God's Commandments it were unreasonable to think that it should be in our power by any after-act of ours to disoblige our selves from both or either of those obligations For then we might by the same reason free our selves from the obligation of that latter Act also suppose an Oath or Vow by another subsequent Oath or Vow and from that again by another and so play fast and loose make Vows and break them in infinitum Evident it is therefore that every vow requiring any thing to be done which is repugnant to any office of Piety Justice Charty or Mercy which we owe either to God or man is void and bindeth not because it findeth us under the power of a former contrary obligation and hath not it self power sufficient to free or discharge us from the same 8. The general Rule thus cleared it remaineth to examine concerning the particular Vow now in question whether it be void upon this account or no It will be found hard I believe to free this Vow from being repugnant to the rules of Justice but impossible I am sure to reconcile it with the perfect Evangelical Law of Charity and Mercy First Civil and Political Justice requireth that every man should obey the wholsome Laws of his Countrey and submit himself to be ordered thereby Now put the case which is possible enough that the Daughters Husband should for lack of support from his Father-in-law or otherwise live and die in great want leaving his Wife and many small Children behind him destitute of all means for their necessary sustenance The Law would as I suppose in that case upon complaint of the Parish and for their ease send the Daughter and her Children to the Father and compel him to maintain them out of his Estate Which order he ought to obey nor can refuse so to do without the high contempt of publick Authority and manifest violation of the Civil Justice notwithstanding his Vow to the contrary The Law must be obeyed whatsoever becometh of the Vow in that case therefore it is evident the Vow bindeth not 9. But say that should not happen to be the case which yet is more than any man can positively say before-hand the Parent is nevertheless in Moral Justice bound to provide due maintenance for his Children and Grand-Children if he be able Saint Paul saith that Fathers ought to lay up for the Children True it is he speaketh it but upon the by and by way of Illustration in the handling of another argument very distant from this business but that doth not at all lessen the importance of it such illustrations being ever taken à notiori and from such common notions as are granted and consented unto by all reasonable men The same Apostle having amongst other sins of the Gentiles mentioned disobedience to Parents in one verse in the very next verse mentioneth also want of natural affection in Parents And the disobedience in the Child can no more discharge the Parent from the obligation of that duty he oweth to the Child and of affection and maintenance then the unnaturalness of the Parent can the Child from the duty he oweth to the Parent of Honour and Obedience For the several duties that by Gods ordinance are to be performed by persons that stand in mutual relation either to other are not pactional and conditional as are the Leagues and Agreements made between Princes where the breach in one part dissolveth the obligation on the other but are absolute and independent wherein each person is to look to himself and the performance of the duty that lyeth upon him though the other party should fail in the performance of his 10. Something I foresee may be objected in this point concerning the lawfulness of the Parents withdrawing maintenance from the Child either in whole or at least in part in the case of disobedience Which how far forth it may or may not be done as it would be too long to examine so it would be of little avail to the present business For it is one thing to with hold maintenance from a disobedient Child for the present and to resolve so to continue till he shall see cause to the contrary And another thing to bind himself by Vow or Oath never to allow him any for the future whatsoever should happen Let be granted whatsoever can be supposed pleadable on the Fathers behalf in the present case yet there will still remain two particulars in this Vow not easily to be cleared from being unjust First let the Daughters disobedience deserve all this uttermost of punishment from the offended Fathers yet how can it be just that for the Mothers fault the poor innocent perhaps yet unborn Children should be utterly and irrecoverably excluded from all possibility of relief from their Grand-father Secondly It
to bethink my self of such a course to be thenceforward held in the public worship in my own Parish as might be likeliest neither to bring danger to my self by the use nor to bring scandal to my Brethren by the disuse of the established Liturgy And the course was this to which I have held me ever since I begin the Service with a Preface of Scripture and an exhortation inferred thence to make Confession of sins which Exhortation I have framed out of the Exhortation and Absolution in the Book contracted and put together and expressed for the most part in the very same words and phrases but purposely here and there transplaced that it might appear not to be and yet be the same Then followeth the Confession it self in the same Order it was inlarged only with the addition of some words whereby it is rather explained than altered the whole Form whereof both for your fuller satisfaction in that particular and that you may partly conjecture what manner of addition or change I have made proportionably hereunto yet none so large in other parts of the holy Office I have here under-written O Almighty God and merciful Father we thy unworthy servants do with shame and sorrow confess that we have all our life long gone astray out of thy ways like lost Sheep and that by following too much the devices and desires of our own hearts We have grievously offended against thy holy Laws both in thought word and deed We have many times left undone those good things which we might and ought to have done and we have many times done those evils when we might have avoided them which we ought not to have done we confess O Lord that there is no health at all in us nor help in any Creature to relieve us But all our hope is in thy mercy whose justice we have by our sins so far provoked Have mercy upon us therefore O Lord have mercy upon us miserable offenders Spare us Good Lord which confess our faults that we perish not But according to thy gracious promises declared unto mankind in Christ Jesus our Lord Restore us upon our true Repentance to thy grace and favour And grant O most merciful Father for his sake that we may henceforth study to serve and please thee by leading a godly righteous and sober life to the glory of thy holy Name and the eternal comfort of our own souls through Jesus Christ our Lord Amen After this Confession the Lords Prayer with the Versicles and Gloria Patri and then the Psalms for the day and the first Lesson after which in the Afternoon sometimes Te Deum but then only when I think the Auditory will bear it and sometimes an Hymn of my own composing gathered out of the Psalms and the Church Collects as a general Form of thanks-giving which I did the rather because some have noted the want of such a Form as the only thing wherein our Liturgy seemed to be defective and in the Afternoon after the first Lesson the 98 or the 67 Psalm Then the second Lesson with Benedictus or Jubilate after it in the Forenoon and in the Afternoon a singing Psalm then followeth the Creed with Dominus Vobiscum and sometimes the Versicles in the end of the Litany From our Enemies defend us c. If I like my Auditory otherwise I omit these Versicles After the Creed c. instead of the Letany and the other Prayers appointed in the Book I have taken the substance of the Prayer I was wont to use before Sermon and disposed it into several Collects or Prayers some longer and some shorter but new modelled into the Language of the Common-Prayer-Book much more than it was before And in the Pulpit before Sermon I use only a short Prayer in reference to the hearing of the Word and no more so that upon the matter in these Prayers I do but the same thing I did before save that what before I spake without Book and in a continued Form and in the Pulpit I now read out of a written Book broken into parcels and in the reading Desk or Pew Between which Prayers and the singing Psalm before the Sermon I do also daily use one other Collect of which sort I have for the purpose composed sundry made up as the former for the most part out of the Church Collects with some little inlargement or variation as namely Collects Adventual Quadragesimal Paschal and Pentecostal for their proper seasons and at other times Collects of a more general nature as for Pardon Repentance Grace c. And after one or more of them in the forenoon I usually repeat the ten Commandments with a short Collect after for Grace to enable us to keep them This hath been my practice and is like still to be unless some happy change of affairs restore us the liberty of using the old way again or it be made appear to my understanding by some able charitable Friend that I have therein done otherwise than I ought to have done for I may say truly I have not yet met with any thing in discourse either with my own reason or with others of sufficient strength to convince me that I have herein done any thing but what may stand with the Principles as well of Christian Simplicity as Prudence There are but three things that I know of that are of consideration opposed viz. 1. The Obligation of the Laws 2. The Scandal of the Example 3. An unseemly symbolizing at least with Schismaticks if not partaking with them in the Schism 1. Law Object I. The first and strongest Objection which I shall therefore propose to the most advantage of the Objector is that which is grounded upon the Laws and the obligation for it may be objected That every humane Law rightly established so long as it continueth a Law obligeth the Subject and that for Conscience sake to the observation thereof in such manner and form as in the said Law is prescribed and according to the true intention and meaning of the Law-giver therein That a Law is then understood to be rightly established when it containeth nothing but what is honest and lawful and is enacted by such person or persons as have full and sufficient authority to make Laws That a Law so established continueth a Law and is in force till it be either repealed by as good and full authority as that by which it was made or else antiquated by a long continued uninforced disuse with the tacite or presumed consent of the Law-giver That the Act printed before the Common Prayer-Book and entituled An Act for the Uniformity c. was such a Law being it was established in a full and free Parliament and in peaceable times and ratified by the Royal Assent That it still continueth in force being not yet repealed but by such persons as at least in the Opinion of those who maintain the Dispute for want of the Royal Assent have not a sufficient right