to call the day of our Christian weekly-rest whether the Sabbath the lord's-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-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-Lord's-day or Sunday 2. That to call Sunday by the name of the sabboth-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-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
UNLAWFUL LOVE TWO Gentlemen who were very good Friends and both of them Married used â—o converse together familiarly one of these â—ook a special liking in the company and converâ—ation of the others Wife and she answerably in is which afterwards proceeded to some degree â—f Love which though ever restrained and reserved without any violation of Chastity â—rew yet in the end to this issue that they muâ—ually vowed either to other that if happily â—ther of them should at any time be freed from â—he Bond of Matrimony either be by the death â—f his Wife or she by the death of her Husband â—at party so freed should continue afterwards â—nmarried and stay for the other till the other â—ould be freed also though it were during life â—ow so it is that the Gentlewomans Husband â—ed and her affections and resolution so alterâ—d that gladly she would Marry if she might released of the Engagement of that Vow or â—â—rsuaded of the unlawfulness or nullity there Concerning the present Case as it is propounded sundry Points are needful to be resolved that so we give a right judgment de praeterito of what is already done for the time past in respect of the Gentlewoman former promise and sound direction also dâ— suturo what is further to be done for the time to come in respect of her present distresses Point I. Sect. 1. First of all It is considerable whether the Promise made by the Gentle woman and her friend were properly a Voâ— or no so it is called in the proposal of thâ— present Case and that agreeable to the common use of speech with us here in England who extend the word Vow very far neither shall I make scruple in the ensuing Discourse sometimes to call it so for Loquendum ut Vulgus But to speak properly a Voâ— is a word of a narrower extent than a Prâ—mise every Vow being indeed a Promise buâ— not every Promise necessarilâ— a Vow Promises may bâ— made indifferently either tâ— God or Men but Promise made to Men are no Vowâ— wherefore it is usually inserted into the definition of a Vow as a condition essentially requisite thereunto that it be made unto God alone insomuch as to make a Vow to any Creature is interpretative to exalt the Creature into the place of God and so to make it an Idol which is clear not only from the express Precept of God and the constant examples of godly men and the usual phrases of the Holy Ghost in the Scriptures but also from the universal consent of all learned men both Divines and others and even of Heathens also This Gentlewomans promise then being made to the Gentleman her Friend alone as was his also to her and neither of both to God is therefore to be taken for a meer Promise but no Vow Sect. 2. If for more consirmation thereof she bound her self also by Oath as it is not unlike yet it is no more for all that but a meer Promise still and not a Vow for albeit the very using of an Oath be a calling in of God into a business and the person that taketh an Oath doth thereby set himself in the presence of God yet an Oath calleth him in only to be a witness without any intent to make him a party to the business whereas in a Vow he is made a party and not only a witness whereunto agree those forms so frequent in holy Scripture in Oaths both assertory and stipulatory The Lord be witness between us God is my witness I take God to Record and the like for even as when a promise is made unto God whereunto for the more solemnity the presence of some men is required as witnesses such a Promise is to be held for a Vow because it is made to God alone although in the presence of Men So on the other side when a Promise is made unto some Man whereunto for the more assurance the presence of God is required as a witness such a Promise is not to be held for a Vow because it is made unto Man alone although in the presence of God Sect. 3. Nay further if the Gentlewoman when she thus engaged her self did use these very words I VOW TO GOD or words to that effect as we know is often done in solemn Promises between man and man yet neither is that sufficient to make it properly a Vow for to judge rightly when question is made concerning any particular promise whether it be a Vow yea or no we are not to be guided so much by the forms of speech which are subject to change impropriety and many defects as by the true intention and purpose of the parties especially the Promiser Now what was the whole intent and purpose of these Parties when they mutually bound themselves in such sort as in the Case propounded is laid down no reasonable man can be ignorant even this and no other to give as good assurance as they could devise either to other and to receive the like assurance again that the thing by them agreed on and promised should be faithfully performed and if either Oaths or Protestations were also used by way of Confirmation they are all in common intendment to be taken as tending to the self-same purpose without looking at any further thing and clearly where the Promiser hath no intentention to bind himself to God but to Man only the Promise so made is no Vow whatsoever formality of words may be used in the making of it Sect. 4. Neither is the examination of this Point a curiosity either in it self fruitless or impertinent to the Case in hand for albeit in that which seemeth to be the very main point of all viz. the power of binding the Conscience there be no material difference between a Vow and an ordinary Promise a lawful Promise no less binding unto performance than a lawful Vow and an unlawful Vow no more binding than an unlawful Promise yet there is some difference between them and that of some importance too in respect of the relaxation of that Bond for since it belongeth to him to whom a bond is made to grant a release thereof It belongeth therefore to God alone to release the obligation of a Vow and no man hath power so to do because the Vower by his Vow bindeth himself to God not to Man whereas the obligation of a meer Promise wherein the Promiser bindeth himself but to some Man may be released by that Man and a release from him is to the conscience of the Promiser a sufficient discharge from the said obligation which Consideration of what use it will be in the present Case will in the due place further appear In the mean time we have evidently proved that this Gentlewoman bound her self by Promise only and not by Vow Point II. Sect. 5. We are next to enquire concerning the validity thereof whether or no the Gentlewoman having an Husband at
least that you had sent me together with the two inclosed Letters a transcript of your Answer whose judgment I do with great reason very much value unto the former of them for there I assure my self I should have met with such Materials as would have served me for a good foundation to work upon yet to satisfie your desire so far as in me lieth and the rather for the Gentlemans sake your friend who though unknown to me by face or till the receipt of your Letter so much as by Name yet by his Letters appeareth to be a person of Piety and Ingenuity and a great Master both of Reason and Language I have endeavoured with reservation of place for second thoughts and submission to other Judgments to declare what my present apprehensions are concerning the whole business wherein the resolution of such doubts as in point of Conscience may arise or of the most and chiefest of them will as I conceive very much depend upon the consideration and right application of these Four things viz. I. The different sorts of Mens imployments in general II. The nature of the Souldiers imployments in particular III. The end that Men may propose to themselves in following the War or what it is that chiefly induceth them thereto IV. The condition of the Person so imployed or to be imployed I. Considerations of Mens Imployments in General 1. MEns imployments are of two sorts The one of such as any man may without blame from others or scruple within himself follow meerly upon his own score if he find himself in some measure able for it and have a mind there unto he hath a power in himself and that jure proprio by a primitive and original right without any necessary derivation from others to dispose of himself his time and industry in that way for the exercise of which power there needeth no special or positive warrant from any other person but it is presumed he is as in relation to others sufficiently warranted thereunto in this in that he is not by any Superiour Authority Divine or Humane forbidden so to do and upon this account it is that men betake themselves upon their own choice and liking to Husbandry Merchandize Manual Occupations the study of the Law c. 2. But another sort of Imployments there are whereunto a man hath not a just right primitively and of himself neither may he lawfully exercise the same meerly upon his own choice but it is necessary that that power should be derived upon him from some such person or persons as have sufficient Authority to warrant him for so doing Such is the Imployment of a Judge a Constable an Arbitrator c. which are therefore said to be juris delegati because the right that any man hath to such Imployments accrueth unto him by virtue of that Authority which he receiveth by Delegation or Deputation from some other that hath a right by Command Election Nomination or otherwise to Impower him thereunto whence are those usual forms Quo jure Quo warranto Who made thee a Judge By what Authority dost thou those things Or Who gave thee this Authority A man may be take himself to the Study and so to the Practice of the Laws of his own accord but he may not take upon him to be a Judge without Commission from his Soveraign so he may follow Husbandry and Merchandry upon his own choice but he may not do the Office of a Constable unless he be chosen by the Neighbours or of an Arbitrator unless chosen by the Parties thereunto 3. Now although as well the one sort as the other after a man hath addicted himself to the one or is deputed to the other may not unfitly be termed his Particular Calling and the latter perhaps with better propriety than the former for the word Calling properly importeth the Action of some other person yet according to the common Notion which by custom of speech among us we have of these terms The General and the Particular Calling the Imployments of the former sort are usually taken to be the Particular Calling of Men and those of the latter sort will be found if well considered to fall rather under the General Calling as branches or parts thereof inasmuch as the exercise of such Imployments is a part of that moral duty which all men according to their several respective Relations ought to perform to others being by them impowered thereunto upon the tie of Obedience Contract Friendship c. but for distinction sake as the Latines make a difference between vitae institutum and munus we may call those of the former sort Mans Profession and those of the latter sort his Office so a Man is by Profession a Lawyer by Office a Judge by Profession an Husbandman by Office a Constable 4. To bring this Discourse home to the present business we are next to enquire to whether sort of the two the Imployment of a Souldier doth more properly appertain that is whether we are to conceive of it as a Profession which a man may at his own choice fix upon as his particular vocation or rather as an office of duty and service which he is to undergo when by the command of his Prince he shall be thereto appointed and so to come rather under the notion of a General Calling To me it seemeth clearly to be of the latter sort For 1. in the passage of St. Paul 2 Tim. 2. 4. No man that warreth entangleth himself in the affairs of this life that he may please him that hath chosen him to be a Souldier the word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 applied to him that warreth with the note of Universality 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 annexed seemeth to imply as if he supposed that no man might go to war unless he were chosen for that service by some other person that might command it Nor do I see 2. what good construction can be otherwise made of that speech of our Saviour Matth. 29. 57. All they that take the Sword shall perish with the Sword or what should be the crime there intended to be signified by this Phrase of taking the Sword if it be not this for a man to take the Sword into his hand by his own Authority before it be put into his hand by that Supream Power whom God hath immediately trusted with the bearing and managing of it Nor 3. can that be said to be a Mans Profession or particular Calling which men of all Professions are in obedience to their Governors and for the service of their Country bound to perform whensoever they shall be by Lawful Authority called and appointed thereunto 5. If these premises will be granted it will soon appear that the Answer to the Question proposed in the beginning of the former Letter as it standeth there in Terminis and in Thesi abstracted from the consideration of the person in the said Letter charactered and those other circumstances which may vary the
not for fear his Neighbours Beast should fall into it and be drowned bound by the Law to forbear the making of it but only to provide a sufficient Cover for it when he had made it The thing then in this Case is not to be left undone when it so much behoveth us to do it but the action to be carried on for the manner of doing and in all respects and circumstances threunto belonging with so much clearness tenderness moderation and wisdom to our best understanding that the necessity of so doing with the true cause thereof may appear to the world to the satisfaction of those who are willing to take notice of it and that such persons as would be willing to make use of our Example to do the same thing where there is not the like cause of necessity may do it upon their own score and not be able to vouch our practice for their excuse which how it may best be done for particular directions every Charitable and Conscientious man must ask his own discretion some general hints tending thereunto I shall lay down in answering the next Objection where they will fall in again not improperly and so stop two gaps with one Bush. Schism Object III. The last Objection is that of Schism The Objectors hold all such persons as have opposed either against Liturgy or Church Government as they were by Law established within the Realm for no better than Schismaticks and truely I shall not much gainsay it But then they argue that for them to do the same thing in the public worship of God that Schismaticks do and for the doing whereof especially it is that they justly account them Schismaticks would as they conceive involve them in the Schism also as partakers thereof in some degree with the other And their Consciences also would from Rom. 14. 22. condemn them either of Hypocrisie in allowing that in themselves and in their own practice which they condemn in others or of uncharitableness in judging others for Schismaticks for doing but the same thing which they can allow themselves to practise for all that such persons as they call Schismaticks do in this matter of the Church Service is but to leave out the Churches prayers and to put in their own Or say this should not make them really guilty of the Schism they detest yet would such their symbolizing with them seem at least a kind of an unworthy compliance with them more than could well become the simplicity of a Christian much less of a Minister of the Gospel whose duty it is to shun even the least appearance of evil I Thes. 5. Besides that by so doing they should but confirm these men in their Schismatical principles and practice This Objection hath three branches To the first whereof I oppose the old saying Duo cùm faciunt idem non est idem which although spoken quite to another purpose yet is capable of such a sense as will very well fit our present purpose also I answer therefore in short That to do the same thing that Schismaticks do especially in times of confusion and until things can be reduced into better Order and when we are necessitated thereunto to prevent greater mischiefs doth not necessarily infer a partaking with them in Schism no nor so much as probably unless it may appear upon probable presumptions otherwise that it is done out of the same schismatical spirit and upon such schismatical principles as theirs are The other two branches viz. that of seeming compliance with Schismaticks and that of the ill use they make of it to confirm them in their Schism do upon the matter fall in upon the aforesaid point of Scandal and are in effect but the same objection only put into a new dress and so have received their answer already And the only remedy against these fears as well that of Scandal as this of Schism is the same which is there prescribed even to give assurance to all men by our carriage and behaviour therein that we do not lay aside Common-Prayer of our own accord or out of any dislike thereof neither in contempt of lawful Governors or of the Laws nor out of any base compliance with the times or other unworthy secular self ends nor out of any schismatical principle seditious design or innovating humour but meerly inforced thereunto by such necessity as we cannot otherwise avoid in order to the glory of God and the public good for the preservation of our Families our Flocks and our Functions and that with the good leave and allowance as we have great reason to believe of such as have power to dispense with us and the Laws in that behalf This if we shall do bona fide and with our utmost indeavours in singleness of heart and with godly intention perhaps it will not be enough to prevent either the censures of inconsiderate and inconsiderable persons or the ill use may be made of our example through ignorance of some Scandalum pusill rum or through the perversness and malice of other some Scandalum Pharisaeorum as the Schools term them But assuredly it will be sufficient in the sight of God and in the witness of our own hearts and to the Consciences of considering and Charitable men to acquit us clearly of all guilt either of Scandal or Schism in the least degree Which we may probably do by observing these ensuing and such other like general directions the liberty of using such meet accommodations as the circumstances and in particular Cases shall require evermore allowed and reserved viz. 1. If we shall decline the Company and society of known Schismaticks not conversing frequently and familiarly with them or more than the necessary Affairs of life and the rules of Neighbourhood and common Civility will require especially not to give countenance to the Church-assemblies by our presence among them if we can avoid it 2. If we shall retain as well in our common discourse as in our Sermons and the holy Offices of the Church the old Theological and Ecclesiastical terms and forms of Speech which have been generally received and used in the Churches of Christ which our people are well acquainted with and are wholsom and significant And not follow our new Masters in that uncouth affected garb of Speech or canting Language rather if I may so call it which they have of late time taken up as the signal distinctive and characteristical note of that which in their own language they call the Godly Party or Communion of Saints 3. If in officiating we repeat not only the Lords Prayer the Creed the Ten Commandments and such other passages in the Common-Prayer-Book as being the very words of Scripture no man can except against but so much also of the old Liturgy besides in the very words and syllables in the Book as we think the Ministers of State in those parts where we live will suffer and the Auditory before whom we officiate will bear sith the Officers in all parts of the Land are not alike strict nor the people in all Parishes not alike disaffected in this respect 4. If where we must of necessity vary from the words we yet follow the Order of the Book in the main parts of the holy Offices retaining the substance of the Prayers and imbellishing those of our own making which we substitute into the place of those we leave out with Phrases and Passages taken out of the Book in other places 5. If where we cannot safely mention the particulars expressed in the Book as namely in Praying for the King the Queen the Royal Progeny and the Bishops we shall yet use in our Prayers some such general terms and other intimations devised for the purpose as may sufficiently convey to the understandings of the people what our intentions are therein and yet not be sufficient to fetch us within the compass of the Ordinance 6. If we shall in our Sermons take occasion now and then where it may be pertinent either to discover the weakness of the Puritan principles and tenents to the People or to shew out of some passages and expressions in the Common-Prayer-Book the consonancy of those Observations we have raised from the Text with the judgment of the Church of England or to justifie such particular passages in the Letany Collects and other parts of our Liturgy as have been unjustly quarrelled at by Presbyterians Independents Anabaptists or other by what name or title soever they be called Puritan Sectaries Thus have I freely acquainted you both with my practice and judgment in the point proposed in your Friends Letter How I shall be able to satisfie his or your judgment in what I have written I know not However I have satisfied both your desire and his in writing and shall rest Your Brother and Servant in the Lord Novemb. 2. 1652. FINIS a Votum soli Deo fit sed Promissio potest fieri etiam Homini Aquit 2. 2. q. 88. 5. ad 3. b Promissio Deo facta est essentia voti Ibid. c Psal. 76. 11. d Num. 21. 2. Judg. 11. 30. 1 Sam. 11. 25. e Judg. 11. 36. Psal. 56. 11. f Sponsio quâ obligamur Deo Cic. 2. Leg. a Jurare nihll est aliud quà m Deum Testem invocare Aq. 2. 2. qu. 89. 1. ex Aug. de ver Apost Serm. R. 28. quod affirmas si Deo Teste promiseris id tenendum est Cic. 3. de offic b Gen. 31. 50. Judges 11. 10. Mal. 2. 14. c Rom. 1. 9. 1 Thes. 1. 5. d 1 Cor. 1. 23. Phil. 1. 28. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Rom. 7. 2. b Rom. 7. 2. c 1 Cor. 7. 4. d Num. 30. 3. b Quod initio vitiosum est non potest tractu temporis convalescere L. 29. F. de Reg. ju Div. c In stipulationibus id tempus spectatur quo contrahiâ—us I. 18. F. eodem a Rom. 7. 23. b Vota uxorum vel servorum exequenda illo tempore quo fuerint sui juris mariti vel domini non possunt irritare Nav. Man Num. 65. alios a Mat. 5. 28. b Prov. 5. 18. Eccles. 9. 9. c Prov. 5. 19. b Josh 9. 14 c. c Ibid. ver 19. 2 Sam. 21. 1 â— Senec. 1. Dâ— Clem. 24.