Eight cases of conscience occasionally determined by the late Reverend Father in God, Robert Sanderson, Lord Bishop of Lincoln.
         Sanderson, Robert, 1587-1663.
      
       
         
           1674
        
      
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             Eight cases of conscience occasionally determined by the late Reverend Father in God, Robert Sanderson, Lord Bishop of Lincoln.
             Sanderson, Robert, 1587-1663.
          
           [6], 154 p., [1] leaf of plates : ill.
           
             Printed for Henry Brome, James Collins, and Christopher Wilkinson ...,
             London :
             1674.
          
           
             Contains added engraved t.p., with imprint date 1673.
             Errata: preliminary p. [6]
             Reproduction of original in the Huntington Library.
          
        
      
    
     
       
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         eng
      
       
         
           Conscience.
        
      
    
     
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               EIGHT
               CASES
               OF
               Conscience
               Occasionally
               Determined
               BY
               The
               late
               Reverend
               Father
               in
               god
               ,
               ROBERT
               SANDERSON
               ,
               Lord
               Bishop
               of
               LINCOLN
               .
            
             
               
                 HEB.
                 XI
                 4.
                 
              
               
                 He
                 Being
                 Dead
                 ,
                 yet
                 speaketh
                 .
              
            
             
               LONDON
               Printed
               for
               Henry
               Brome
               at
               the
               Gun
               in
               S
               t
               Paul's
               Church
               Yard
               1673
            
          
        
      
       
         
         
           EIGHT
           CASES
           OF
           Conscience
           :
           Occasionally
           Determined
           BY
           The
           late
           Reverend
           Father
           in
           GOD
           ,
           ROBERT
           SANDERSON
           ,
           Lord
           Bishop
           of
           LINCOLN
           .
        
         
           
             HEB.
             xi
             .
             4.
             
          
           
             He
             being
             Dead
             ,
             yet
             speaketh
             .
          
        
         
           LONDON
           :
           Printed
           for
           
             Henry
             Brome
             ,
             Iames
             Collins
          
           and
           
             Christopher
             Wilkinson
          
           .
           1674.
           
        
      
       
         
         
         
           A
           LETTER
           from
           a
           Friend
           concerning
           the
           ensuing
           CASES
           .
        
         
           
             SIR
             ,
          
        
         
           HAving
           perused
           the
           Papers
           you
           sent
           me
           ,
           I
           can
           safely
           vouch
           them
           for
           Genuine
           ,
           and
           not
           in
           the
           least
           Spurious
           ,
           by
           that
           resemblance
           they
           wear
           of
           their
           Reverend
           Author
           ;
           and
           therefore
           you
           need
           not
           fear
           to
           bring
           them
           to
           the
           Publick
           Test
           ,
           and
           let
           them
           look
           the
           Sun
           in
           the
           face
           .
        
         
           'T
           is
           true
           ,
           their
           first
           Commission
           was
           but
           short
           ,
           and
           long
           since
           expired
           ,
           they
           being
           designed
           only
           to
           visit
           and
           respectively
           satisfie
           some
           private
           Friends
           ;
           yet
           I
           cannot
           see
           what
           injury
           you
           will
           offer
           to
           his
           sacred
           ashes
           ,
           if
           ,
           by
           renewing
           that
           ,
           you
           send
           them
           on
           a
           little
           farther
           Embassie
           for
           the
           common
           good
           .
        
         
           Indeed
           the
           least
           remains
           of
           so
           matchless
           a
           Champion
           ,
           so
           invincible
           an
           Advocate
           
             in
             foro
             Theologico
          
           ,
           like
           the
           filings
           and
           fragments
           of
           Gold
           ,
           ought
           not
           to
           be
           lost
           ;
           and
           pity
           the
           world
           was
           not
           worthy
           many
           more
           of
           his
           learned
           Labours
           .
        
         
         
           But
           —
           
             Praestat
             de
             Carthagine
             tacere
             quàm
             pauca
             dicere
             ,
          
           far
           be
           it
           from
           me
           to
           ●pinion
           the
           wings
           of
           his
           Fame
           ,
           with
           any
           rude
           Letters
           of
           Commendation
           ;
           or
           ,
           by
           way
           of
           precarious
           Pedantry
           ,
           to
           court
           any
           man
           into
           a
           belief
           of
           his
           worth
           ,
           since
           that
           were
           to
           attempt
           Iliads
           after
           Homer
           ,
           and
           spoil
           a
           Piece
           done
           already
           to
           the
           life
           by
           his
           own
           Pencil
           ,
           the
           works
           whereof
           do
           sufficiently
           
             praise
             him
             in
             the
             gates
          
        
         
           All
           I
           aim
           at
           is
           ,
           to
           commend
           and
           promote
           your
           pious
           intention
           ,
           to
           give
           the
           world
           security
           ,
           by
           making
           these
           Papers
           publick
           ,
           that
           they
           shall
           never
           hereafter
           stand
           in
           need
           of
           any
           other
           hand
           to
           snatch
           them
           out
           of
           the
           fire
           ,
           a
           doom
           (
           you
           say
           )
           once
           written
           upon
           them
           .
        
         
           I
           have
           no
           farther
           trouble
           to
           give
           you
           ,
           but
           to
           thank
           you
           for
           those
           excellent
           Pieces
           of
           the
           same
           Hand
           and
           Stamp
           (
           as
           every
           Intelligent
           Reader
           will
           easily
           discern
           )
           with
           which
           as
           an
           accession
           to
           this
           Edition
           ,
           your
           Care
           and
           Piety
           hath
           obliged
           the
           Publick
           :
           Only
           again
           let
           me
           bespeak
           your
           vigilance
           over
           the
           Press
           ,
           which
           by
           her
           daily
           teeming
           and
           expertness
           ,
           or
           (
           at
           least
           )
           negligence
           of
           the
           Midwife
           ,
           is
           wont
           of
           late
           to
           spoil
           good
           births
           with
           monstrous
           deformities
           ,
           and
           unpardonable
           Errata
           ;
           so
           you
           will
           avoid
           a
           double
           guilt
           contracted
           by
           some
           without
           fear
           or
           wit
           ,
           of
           abusing
           your
           critical
           Reader
           on
           the
           one
           hand
           ,
           and
           your
           most
           judiciously
           exact
           Writer
           on
           the
           other
           ;
           and
           (
           if
           that
           may
           contribute
           any
           thing
           more
           )
           very
           much
           gratifie
           the
           most
           unworthy
           of
           his
           Admirers
           .
        
      
       
         
         
           The
           Eight
           Cases
           Determined
           .
        
         
           
             I.
             Of
             the
             Sabbath
          
           
             1
          
           
             II.
             Of
             Marrying
             with
             a
             Recusant
          
           
             20
          
           
             III.
             Of
             Unlawful
             Love
          
           
             30
          
           
             IV.
             Of
             a
             Military
             Life
          
           
             59
          
           
             V.
             Of
             Scandal
          
           
             94
          
           
             VI.
             Of
             a
             Bond
             taken
             in
             the
             King's
             Name
          
           
             101
          
           
             VII
             .
             Of
             the
             Engagement
          
           
             107
          
           
             VIII
             .
             Of
             a
             Rash
             Vow
          
           
             134
          
        
      
       
         
           Imprimatur
           ,
        
         
           
             
               Iohn
               Hall
            
             ,
             R.P.D.
             Episc.
             Lond.
             à
             Sac.
             Domestic
             .
          
           
             
               May
               30.
               1665.
               
            
          
        
      
       
         
         
           ERRATA
           .
        
         
           PAge
           5.
           line
           7.
           read
           
             not
             at
             all
          
           ,
           p.
           6.
           l.
           penult
           .
           dele
           
             so
             long
             as
          
           ,
           p.
           15.
           l.
           12.
           r.
           change
           ,
           p.
           2.
           l.
           ult
           .
           r.
           with
           ,
           p.
           23.
           l.
           16.
           r.
           she
           ,
           ibid.
           l.
           22.
           r.
           
             it
             is
          
           ,
           p.
           32
           ,
           l.
           4.
           r.
           unto
           ,
           p.
           42.
           l.
           24.
           dele
           of
           ,
           p.
           43.
           l.
           10.
           r.
           married
           ,
           p.
           45.
           l.
           21.
           r.
           sayings
           ,
           ibid.
           l.
           24.
           r.
           muta
           ,
           p.
           51.
           l.
           7.
           r.
           Premisses
           .
           p.
           52.
           l.
           9.
           r.
           
             to
             whom
          
           ,
           ibid.
           l.
           25.
           r.
           should
           ,
           p.
           53.
           l.
           23.
           r.
           
             with
             all
          
           ,
           p.
           56.
           l.
           12.
           r.
           haply
           ,
           p.
           57.
           l.
           23.
           r.
           herself
           .
           ibid.
           l.
           ult
           .
           r.
           he
           ,
           p.
           67.
           l.
           3.
           r.
           
             doth
             but
          
           ,
           p.
           72.
           l.
           12.
           r.
           artis
           ,
           ibid.
           l.
           17.
           r.
           nearer
           ,
           p.
           84.
           l.
           19.
           r.
           mediations
           ,
           p.
           86.
           l.
           11.
           r.
           
             a
             Prince
          
           ,
           ibid.
           l.
           26.
           after
           right
           ;
           add
           
             belongeth
             to
             him
             ;
             and
             another
             to
          
           assume
           a
           power
           
             that
             of
             right
          
           ,
           p.
           96.
           l.
           23.
           r.
           
             or
             what
             means
          
           ,
           p.
           99.
           l.
           5.
           for
           to
           r.
           do
           ,
           p.
           106.
           l.
           7.
           r.
           whereunto
           ,
           p.
           107.
           l.
           ult
           .
           dele
           in
           ,
           p.
           119.
           l.
           13.
           dele
           to
           ,
           p.
           120.
           l.
           23.
           dele
           the
           ,
           p.
           136.
           l.
           19.
           r.
           maketh
           ,
           p.
           137.
           l.
           4.
           r.
           parts
           ,
           p.
           141.
           l.
           21.
           r.
           voideth
           ,
           p.
           142.
           l.
           6.
           r.
           place
           .
        
      
    
     
       
         
         
           The
           Case
           of
           the
           Sabbath
           .
        
         
           To
           My
           very
           Loving
           Friend
           Mr.
           
             Tho.
             Sa.
          
           at
           
             S.
             B.
          
           Nottingh
           .
           March
           28.
           1634.
           
        
         
           
             SIR
             ,
          
        
         
           WHen
           by
           your
           former
           Letter
           ,
           you
           desired
           my
           present
           Resolution
           in
           two
           Questions
           therein
           proposed
           concerning
           the
           Sabbath
           :
           although
           I
           might
           not
           then
           satisfie
           your
           whole
           desire
           (
           being
           loath
           to
           give
           in
           my
           opinion
           before
           I
           had
           well
           weighed
           it
           )
           yet
           that
           I
           might
           not
           seem
           altogether
           to
           decline
           the
           task
           imposed
           on
           me
           by
           you
           ,
           I
           engaged
           my self
           by
           promise
           ,
           within
           short
           time
           ,
           to
           send
           you
           what
           upon
           further
           consideration
           I
           should
           conceive
           thereof
           .
           Which
           promise
           ,
           so
           far
           as
           my
           many
           distractions
           and
           occasions
           would
           permit
           ,
           I
           endeavoured
           to
           perform
           by
           perusing
           the
           Books
           you
           sent
           me
           ,
           (
           in
           the
           one
           whereof
           ,
           I
           found
           written
           on
           the
           spare
           paper
           with
           your
           hand
           ,
           a
           Note
           moving
           a
           third
           Question
           ,
           about
           the
           Name
           of
           the
           Sabbath
           also
           ;
           )
           and
           by
           
           looking
           up
           ,
           and
           reviewing
           such
           scattered
           Notes
           as
           I
           had
           touching
           that
           Subject
           .
           But
           then
           I
           met
           with
           difficulties
           so
           many
           and
           great
           (
           whereof
           the
           more
           I
           considered
           ,
           the
           more
           still
           I
           found
           them
           to
           encrease
           )
           that
           I
           saw
           it
           would
           be
           a
           long
           work
           ,
           and
           take
           up
           far
           more
           time
           then
           I
           could
           spare
           ,
           to
           digest
           and
           enlarge
           what
           seemed
           needful
           to
           be
           said
           in
           the
           three
           Questions
           in
           such
           sort
           as
           was
           requisite
           ,
           to
           give
           any
           tollerable
           satisfaction
           either
           to
           my self
           or
           others
           .
           Wherefore
           I
           was
           eftsoons
           minded
           to
           have
           excused
           my self
           by
           Letter
           to
           you
           ,
           from
           farther
           medling
           with
           these
           Questions
           ,
           and
           to
           have
           remitted
           you
           over
           for
           better
           satisfaction
           to
           those
           men
           ,
           that
           have
           both
           better
           leisure
           to
           go
           about
           such
           a
           business
           ,
           and
           better
           abilities
           to
           go
           through
           with
           it
           than
           I
           have
           ;
           for
           to
           questions
           of
           importance
           ,
           better
           nothing
           be
           said
           ,
           than
           not
           enough
           :
           And
           the
           rather
           was
           I
           minded
           so
           to
           do
           ,
           when
           I
           perceived
           there
           were
           rumors
           spread
           in
           these
           parts
           ,
           (
           occasioned
           ,
           as
           I
           verily
           suppose
           ,
           by
           some
           speeches
           of
           your
           good
           friend
           Mr.
           
             Tho.
             A.
          
           )
           as
           if
           I
           were
           writing
           a
           Treatise
           of
           the
           morality
           of
           the
           Sabbath
           .
           Which
           besides
           that
           ,
           it
           might
           raise
           an
           expectation
           of
           some
           great
           matters
           which
           I
           could
           in
           no
           wise
           answer
           ;
           it
           might
           also
           expose
           that
           little
           I
           
           should
           have
           done
           to
           the
           mis-censures
           of
           men
           wedded
           to
           their
           own
           opinions
           ,
           if
           after
           I
           had
           laid
           mine
           open
           ,
           it
           should
           have
           happened
           in
           any
           thing
           (
           as
           in
           some
           things
           like
           enough
           it
           would
           )
           to
           have
           disagreed
           from
           theirs
           .
           Yet
           ,
           because
           by
           your
           late
           kind
           Letter
           ,
           (
           wherein
           ,
           whilst
           I
           was
           slack
           in
           making
           it
           ,
           you
           have
           prevented
           mine
           excuse
           ,
           )
           I
           perceive
           the
           continuance
           of
           your
           former
           desire
           ;
           I
           have
           therefore
           since
           resolved
           to
           do
           somewhat
           ,
           though
           not
           so
           much
           as
           I
           first
           intended
           ,
           hoping
           that
           you
           will
           in
           friendly
           manner
           interpret
           my
           purpose
           therein
           .
           I
           have
           therefore
           now
           sent
           you
           but
           a
           naked
           summary
           of
           my
           thoughts
           concerning
           the
           three
           Questions
           ,
           abstracted
           from
           all
           those
           Explanations
           ,
           Reasons
           ,
           Testimonies
           of
           Authors
           ,
           removals
           of
           Objections
           ,
           and
           other
           such
           Enlargements
           as
           might
           have
           given
           further
           both
           lustre
           and
           strength
           thereunto
           .
        
         
           Howsoever
           ,
           by
           what
           I
           presently
           send
           ,
           you
           may
           sufficiently
           see
           what
           my
           opinion
           is
           ;
           which
           I
           shall
           be
           ready
           to
           clear
           ,
           so
           far
           as
           my
           understanding
           will
           serve
           ,
           in
           any
           particular
           wherein
           you
           shall
           remain
           doubtful
           ;
           and
           as
           ready
           to
           alter
           when
           any
           man
           shall
           instruct
           me
           better
           ,
           if
           he
           bring
           good
           evidence
           either
           of
           Reason
           ,
           or
           of
           Scripture-Text
           for
           
           what
           he
           affirmeth
           :
           The
           Questions
           are
           ,
        
         
           1.
           
           Which
           is
           the
           fittest
           Name
           whereby
           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
             encline
             ,
             &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
           Sabbath-day
           ,
           (
           
             rebus
             sic
             stantibus
          
           )
           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
           notion
           )
           were
           either
           not
           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
           daies
           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
           indeterminatè
           ,
           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
           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
           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
           uncharitably
           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
             uttermost
             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
             encline
             them
             thereunto
             .
          
           
             2.
             
             A
             double
             supplication
             ,
             viz.
             
          
           
             1.
             
             For
             mercy
             ,
             in
             respect
             of
             the
             time
             past
             ,
             because
             we
             have
             failed
             of
             our
             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
             vertue
             of
             that
             delivery
             ;
             no
             ,
             not
             the
             ten
             Commandments
             thems●lves
             ,
             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
             
               Iuris
               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
             ,
             to
             be
             sanctified
             to
             an
             holy
             rest
             ,
             for
             the
             better
             attending
             upon
             God'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
             matte●s
             which
             are
             questionable
             ,
             for
             the
             better
             finding
             out
             of
             the
             Truth
             .
          
           
             And
             the
             points
             in
             this
             Argument
             that
             are
             
             most
             in
             controversy
             ,
             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
             are
             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
             meerly
             
               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
             i●
             in
             the
             power
             of
             the
             Church
             ,
             at
             her
             pleasure
             to
             change
             the
             old
             proportion
             of
             one
             in
             seven
             ,
             (
             which
             hath
             continued
             ever
             since
             the
             daies
             of
             Moses
             )
             into
             any
             other
             greater
             o●
             lesser
             proportion
             of
             time
             ?
          
           
           
             2.
             
             Whether
             the
             two
             former
             opinions
             (
             though
             they
             do
             indeed
             avoid
             that
             inconvenience
             )
             do
             not
             yet
             stand
             upon
             such
             weak
             grounds
             otherwise
             ,
             that
             they
             are
             by
             many
             degrees
             more
             improbable
             than
             the
             third
             ?
          
           
             3.
             
             Whether
             a
             fourth
             opinion
             going
             in
             a
             middle
             way
             ,
             might
             not
             be
             proposed
             with
             greater
             probability
             ,
             and
             entertained
             with
             better
             safety
             than
             any
             of
             the
             former
             three
             ?
             viz.
             That
             the
             keeping
             holy
             of
             one
             day
             in
             seven
             ,
             is
             of
             Divine
             positive
             right
             ,
             taking
             
               jus
               divinum
            
             in
             a
             large
             signification
             :
             not
             for
             that
             only
             which
             is
             primarily
             ,
             properly
             ,
             and
             directly
             such
             ,
             according
             to
             the
             tenor
             of
             the
             second
             opinion
             ;
             but
             including
             withal
             that
             which
             is
             Secondarily
             ,
             Consequently
             ,
             and
             Analogically
             such
             .
          
           
             VIII
             .
             For
             the
             better
             understanding
             whereof
             ,
             we
             are
             to
             consider
             ;
          
           
             1.
             
             That
             those
             things
             are
             
               de
               jure
               divino
            
             in
             the
             first
             and
             strict
             sense
             :
             which
             either
             ,
          
           
             1.
             
             Are
             enjoyned
             by
             the
             express
             Ordinance
             and
             Commandment
             of
             God
             in
             his
             holy
             Word
             ;
             or
             else
             ,
          
           
             2.
             
             May
             be
             deduced
             there-from
             by
             necessary
             ,
             evident
             ,
             and
             demonstrative
             illation
             .
          
           
             In
             which
             sense
             ,
             there
             are
             not
             many
             things
             
             
               de
               jure
               divino
            
             under
             the
             New
             Testament
             .
          
           
             2.
             
             That
             for
             a
             thing
             to
             be
             
               de
               jure
               divino
            
             in
             the
             latter
             and
             larger
             sense
             ,
             it
             sufficeth
             that
             it
             may
             be
             by
             humane
             Discourse
             upon
             reasons
             of
             Congruity
             probably
             deduced
             from
             the
             Word
             of
             God
             ,
             as
             a
             thing
             most
             convenient
             to
             be
             observed
             by
             all
             such
             as
             desire
             unfeignedly
             to
             order
             their
             waies
             according
             to
             God's
             holy
             Will.
             
          
           
             3.
             
             That
             this
             kind
             of
             
               Ius
               divinum
            
             may
             be
             reasonably
             discerned
             by
             the
             concurrence
             of
             all
             ,
             or
             the
             chiefest
             of
             these
             four
             things
             following
             ,
             viz.
             
          
           
             1.
             
             A
             foundation
             of
             Equity
             for
             the
             thing
             in
             general
             ,
             either
             in
             the
             Law
             of
             Nature
             ,
             or
             by
             vertue
             of
             Divine
             Institution
             .
          
           
             2.
             
             An
             Analogie
             held
             for
             the
             particular
             determination
             ,
             with
             such
             Laws
             and
             directions
             as
             were
             given
             to
             the
             Jewish
             people
             in
             the
             Old
             Testament
             ,
             so
             far
             as
             the
             reason
             of
             Equity
             holdeth
             alike
             .
          
           
             3.
             
             Some
             probable
             insinuations
             thereof
             in
             the
             Scriptures
             of
             the
             New
             Testament
             .
          
           
             4.
             
             The
             continued
             practise
             of
             the
             Christian
             Church
             ,
             so
             far
             as
             the
             condition
             of
             the
             times
             in
             the
             several
             Ages
             thereof
             would
             permit
             .
             For
             ,
             
               Lex
               currit
               cum
               praxi
            
             .
          
           
           
             4.
             
             That
             all
             these
             do
             in
             some
             measure
             concur
             for
             the
             observation
             of
             a
             weekly
             Sabbath
             ;
             as
             upon
             the
             examination
             of
             the
             several
             particulars
             will
             easily
             appear
             .
          
           
             IX
             .
             This
             distinction
             of
             
               Ius
               divinum
            
             is
             to
             be
             observed
             the
             rather
             ,
             because
             it
             may
             be
             of
             very
             good
             use
             ,
             (
             if
             rightly
             understood
             and
             applied
             .
             )
          
           
             1.
             
             For
             cutting
             off
             the
             most
             material
             instances
             ,
             which
             are
             usually
             brought
             by
             the
             Romish
             Party
             for
             the
             maintenance
             of
             their
             unwritten
             Traditions
             .
          
           
             2.
             
             For
             the
             clearing
             of
             some
             ,
             and
             the
             silencing
             of
             other
             some
             Controversies
             in
             the
             Church
             ,
             which
             are
             disputed
             pro
             and
             con
             with
             much
             heat
             ;
             as
             ,
             viz.
             concerning
             ,
          
           
             1.
             
             The
             Government
             of
             the
             Church
             by
             Bishops
             .
          
           
             2.
             
             The
             Distinction
             of
             Bishops
             ,
             Priests
             and
             Deacons
             .
          
           
             3.
             
             The
             Exercise
             of
             Ecclesiastical
             Censures
             ,
             as
             Suspension
             ,
             Excommunication
             ,
             &c.
             
          
           
             4.
             
             The
             Building
             and
             Consecrating
             of
             Churches
             for
             the
             service
             of
             God.
             
          
           
             5.
             
             The
             assembling
             of
             Synods
             upon
             needful
             occasions
             ,
             for
             the
             maintenance
             of
             the
             Truth
             ,
             and
             for
             the
             setling
             of
             Church
             Affairs
             .
          
           
           
             6.
             
             The
             forbidding
             of
             Marriages
             to
             be
             made
             within
             certain
             degrees
             of
             Consanguinity
             and
             A●finity
             .
          
           
             7.
             
             The
             Baptizing
             of
             Infants
             born
             of
             Christian
             Parents
             .
          
           
             8.
             
             The
             maintenance
             of
             the
             Clergy
             by
             the
             Tithes
             of
             the
             people
             ,
             and
             sundry
             other
             things
             :
             none
             of
             all
             which
             (
             to
             my
             understanding
             )
             seem
             to
             be
             
               de
               jure
               divino
            
             in
             that
             first
             and
             proper
             sense
             ;
             but
             yet
             all
             (
             or
             most
             )
             of
             them
             to
             be
             
               de
               jure
               divino
            
             in
             this
             latter
             and
             larger
             signification
             .
          
           
             3.
             
             For
             the
             right
             bounding
             of
             the
             Churches
             power
             ,
             that
             she
             be
             neither
             denied
             her
             lawful
             liberty
             in
             some
             things
             ,
             nor
             yet
             assume
             to
             her self
             a
             greater
             power
             than
             of
             right
             belongeth
             unto
             her
             in
             other
             some
             .
             For
             ,
          
           
             1.
             
             In
             things
             that
             are
             meerly
             
               de
               jure
               humano
            
             ;
             every
             particular
             Church
             hath
             power
             in
             her self
             from
             time
             to
             time
             ,
             to
             order
             ,
             and
             alter
             them
             at
             her
             pleasure
             ,
             and
             may
             exercise
             that
             power
             when
             she
             thinketh
             fit
             .
          
           
             2.
             
             Things
             that
             are
             
               de
               jure
               divino
            
             in
             that
             first
             sense
             ,
             the
             Universal
             Church
             may
             not
             (
             and
             much
             less
             then
             may
             any
             particular
             )
             at
             all
             take
             upon
             her
             to
             alter
             ,
             but
             must
             observe
             them
             inviolably
             ,
             whatsoever
             necessities
             
             or
             distresses
             she
             be
             put
             unto
             .
          
           
             3.
             
             Things
             that
             are
             
               de
               jure
               divino
            
             in
             this
             latter
             sense
             ;
             every
             particular
             Church
             (
             but
             much
             more
             the
             Universal
             )
             hath
             a
             power
             to
             alter
             in
             a
             case
             of
             necessity
             :
             But
             the
             exercise
             of
             that
             Power
             is
             so
             limited
             to
             extraordinary
             cases
             ,
             that
             it
             may
             not
             be
             safe
             for
             her
             at
             all
             to
             exercise
             it
             ;
             unless
             it
             be
             for
             the
             avoiding
             of
             mighty
             inconveniences
             ,
             not
             otherwise
             to
             be
             avoided
             .
          
           
             X.
             As
             for
             the
             other
             controversed
             Point
             ,
             touching
             the
             change
             of
             the
             day
             ,
             from
             the
             last
             day
             of
             the
             week
             ,
             or
             Saturday
             ,
             (
             which
             was
             the
             Jews
             Sabbath
             )
             to
             the
             first
             day
             of
             the
             week
             ,
             or
             Sunday
             ,
             which
             is
             our
             Lord's-day
             :
             My
             opinion
             is
             ,
             that
             the
             observation
             of
             the
             Lord's-day
             among
             Christians
             instead
             of
             the
             Jewish
             Sabbath
             ,
          
           
             1.
             
             Is
             not
             grounded
             upon
             any
             commandment
             given
             by
             Christ
             to
             his
             Apostles
             .
          
           
             2.
             
             Nor
             yet
             upon
             any
             Apostolical
             Constitution
             given
             by
             the
             Apostles
             unto
             the
             Churches
             in
             that
             behalf
             .
             But
             ,
          
           
             3.
             
             That
             it
             was
             taken
             up
             by
             the
             succeeding
             Church
             ;
             partly
             in
             imitation
             of
             some
             of
             the
             Apostles
             ,
             who
             used
             (
             especially
             in
             the
             Churches
             of
             the
             Gentiles
             ;
             for
             in
             the
             Churches
             of
             Iudea
             the
             old
             Sabbath
             was
             still
             observed
             )
             
             to
             Celebrate
             their
             Holy
             Assemblies
             upon
             the
             first
             day
             of
             the
             week
             ,
             in
             the
             honour
             of
             Christ
             and
             his
             Resurrection
             ;
             and
             partly
             for
             the
             avoiding
             of
             Judaism
             ,
             wherewith
             false
             Teachers
             in
             those
             first
             times
             were
             ever
             and
             anon
             attempting
             to
             enthral
             the
             Christian
             Church
             .
          
           
             4.
             
             That
             the
             observation
             of
             the
             Lord's-day
             ,
             having
             been
             confirmed
             by
             so
             many
             Constitutions
             both
             Ecclesiastical
             and
             Imperial
             ,
             and
             having
             withal
             continued
             with
             such
             uniform
             consent
             throughout
             the
             whole
             Christian
             World
             ,
             for
             so
             many
             Ages
             ever
             since
             the
             Apostles
             times
             ;
             the
             Church
             (
             not
             to
             dispute
             what
             she
             may
             or
             may
             not
             do
             
               in
               plenitudine
               potestatis
            
             ,
             yet
             )
             ought
             not
             to
             attempt
             the
             altering
             of
             it
             to
             any
             other
             day
             of
             the
             week
             .
          
        
         
           
             To
             the
             third
             Question
             .
          
           
             XI
             .
             In
             this
             matter
             touching
             Recreations
             to
             be
             used
             on
             the
             Lords-day
             ,
             much
             need
             not
             be
             said
             ,
             there
             being
             little
             difficulty
             in
             it
             ,
             and
             His
             Majesties
             last
             Declaration
             in
             that
             behalf
             having
             put
             it
             past
             Disputation
             .
             I
             say
             then
             ,
          
           
             1.
             
             
               For
               the
               Thing
            
             .
             That
             no
             man
             can
             reasonably
             condemn
             the
             moderate
             use
             of
             lawful
             
             Recreations
             upon
             the
             Lord's-day
             ,
             as
             simply
             ,
             and
             
               de
               toto
               genere
            
             unlawful
             .
          
           
             2.
             
             
               For
               the
               Kind
            
             .
             Albeit
             there
             can
             be
             no
             certain
             rules
             given
             herein
             ,
             (
             as
             in
             most
             indifferent
             things
             it
             cometh
             to
             pass
             )
             by
             reason
             of
             the
             infinite
             variety
             of
             ●●rcumstances
             ,
             to
             fit
             with
             all
             particular
             cases
             ,
             but
             that
             still
             much
             must
             be
             left
             to
             private
             discretion
             :
             yet
             for
             some
             directions
             in
             this
             matter
             ,
             respect
             would
             be
             had
             in
             the
             choice
             of
             our
             Recreations
             .
          
           
             1.
             
             To
             the
             Publick
             Laws
             of
             the
             State.
             Such
             games
             or
             sports
             as
             are
             by
             Law
             prohibited
             ,
             (
             though
             in
             themselves
             otherwise
             lawful
             )
             being
             unlawful
             to
             them
             that
             are
             under
             the
             obedience
             of
             the
             Law.
             
          
           
             2.
             
             To
             the
             condition
             of
             the
             Person
             .
             VValking
             and
             discoursing
             with
             men
             of
             liberal
             Education
             ,
             is
             a
             pleasant
             recreation
             ;
             it
             is
             no
             way
             delightsom
             to
             the
             ruder
             sort
             of
             people
             ,
             who
             scarce
             account
             any
             thing
             a
             sport
             which
             is
             not
             loud
             and
             boysterous
             .
          
           
             3.
             
             To
             the
             effects
             of
             the
             Recreations
             themselves
             .
             Those
             being
             the
             me●test
             to
             be
             used
             ,
             which
             give
             the
             best
             refreshing
             to
             the
             body
             ,
             and
             leave
             the
             least
             impression
             in
             the
             mind
             .
             In
             which
             respect
             ,
             Shooting
             ,
             Leaping
             ,
             Pitching
             the
             Bar
             ,
             Stool-ball
             ,
             &c.
             
             are
             rather
             to
             be
             chosen
             than
             Dicing
             ,
             Carding
             ,
             &c.
             
          
           
             3.
             
             For
             
               the
               Vse
            
             .
             That
             men
             would
             be
             exhorted
             to
             use
             their
             Recreations
             and
             Pastimes
             upon
             the
             Lord's-day
             in
             godly
             and
             commendable
             sort
             .
             For
             which
             purpose
             ,
             amongst
             others
             ,
             these
             cautions
             following
             would
             be
             remembred
             .
          
           
             1.
             
             That
             they
             be
             used
             with
             great
             moderation
             (
             as
             at
             all
             other
             times
             ,
             so
             especially
             ,
             and
             much
             more
             )
             upon
             the
             Lord's-day
             .
          
           
             2.
             
             That
             they
             be
             used
             at
             seasonable
             times
             ,
             not
             in
             time
             of
             Divine
             Service
             ,
             nor
             at
             such
             hours
             as
             are
             appointed
             by
             the
             Master
             of
             the
             house
             whereunto
             they
             belong
             ,
             for
             Private
             Devotions
             within
             his
             own
             house
             .
             His
             Majesties
             Declaration
             limiteth
             mens
             liberty
             this
             way
             ,
             till
             after
             Even-song
             be
             ended
             .
          
           
             3.
             
             That
             they
             be
             so
             used
             ,
             as
             that
             they
             may
             rather
             make
             men
             the
             fitter
             for
             God's
             Service
             the
             rest
             of
             the
             day
             ,
             and
             for
             the
             works
             of
             their
             Vocations
             the
             rest
             of
             the
             week
             ,
             than
             any
             way
             hinder
             or
             disable
             them
             thereunto
             ,
             by
             over-wearying
             the
             body
             ,
             or
             immoderately
             affecting
             the
             mind
             .
          
           
           
             4.
             
             That
             they
             use
             them
             not
             doubtingly
             ,
             for
             whatsoever
             is
             not
             of
             Faith
             ,
             is
             sin
             .
             He
             therefore
             that
             is
             not
             satisfied
             in
             his
             own
             judgment
             ,
             that
             he
             may
             lawfully
             ,
             and
             without
             sin
             ,
             use
             bodily
             recreations
             on
             the
             Lord's-day
             ,
             ought
             by
             all
             means
             to
             forbear
             the
             use
             thereof
             ,
             lest
             he
             should
             sin
             against
             his
             own
             Conscience
             .
          
           
             5.
             
             That
             they
             be
             severer
             towards
             themselves
             than
             towards
             other
             men
             in
             the
             use
             of
             their
             Christian
             liberty
             herein
             ,
             not
             making
             their
             own
             opinion
             or
             practise
             a
             rule
             to
             their
             brethren
             .
             In
             this
             ,
             as
             in
             all
             indifferent
             things
             ,
             a
             wise
             and
             charitable
             man
             will
             in
             godly
             wisdom
             deny
             himself
             many
             times
             the
             use
             of
             that
             liberty
             ,
             which
             in
             godly
             charity
             he
             dare
             not
             deny
             to
             his
             Brother
             .
          
        
      
       
         
         
           The
           CASE
           of
           Marrying
           with
           a
           Recusant
           .
        
         
           
             SIR
             ,
          
        
         
           YOurs
           of
           Iuly
           the
           2d
           .
           I
           Yesterday
           Iuly
           the
           6th
           .
           received
           .
           In
           Answer
           to
           the
           Contents
           whereof
           (
           desi●ing
           that
           my
           Services
           may
           withal
           be
           most
           humbly
           presented
           to
           my
           very
           much
           Honoured
           Lord
           )
           I
           return
           you
           what
           my
           pr●sent
           thoughts
           are
           concerning
           the
           particulars
           therein
           proposed
           .
           First
           ,
           for
           Marrying
           a
           Daughter
           to
           a
           professed
           Papist
           (
           considered
           in
           Thesi
           ,
           and
           as
           to
           the
           point
           of
           Lawfulness
           only
           )
           I
           am
           so
           far
           from
           thinking
           the
           thing
           in
           it self
           to
           be
           simply
           ,
           and
           
             tot●
             genere
          
           ,
           unlawful
           ;
           that
           I
           dare
           not
           condemn
           the
           Marriage
           of
           a
           Christian
           with
           a
           Pagan
           (
           much
           less
           with
           any
           other
           Christian
           ,
           of
           how
           different
           Perswasion
           soever
           )
           as
           simply
           evil
           and
           unlawful
           ,
           inasmuch
           as
           there
           be
           Causes
           imaginable
           ,
           wherein
           it
           may
           seem
           not
           only
           Lawful
           ,
           but
           expedient
           also
           ,
           and
           (
           as
           the
           exigence
           of
           Circumstances
           may
           be
           supposed
           )
           little
           less
           than
           necessary
           so
           to
           inter-marry
           But
           since
           things
           lawful
           in
           the
           General
           ,
           and
           
           in
           Thesi
           ,
           may
           become
           (
           by
           reason
           of
           their
           inexpediency
           )
           unl●wful
           
             pro
             hic
             &
             nu●c
          
           ,
           and
           in
           Hypothe●i
           to
           particular
           persons
           ;
           and
           that
           the
           expediency
           or
           inexpediency
           of
           any
           action
           to
           be
           done
           ,
           is
           to
           be
           measured
           by
           the
           worthiness
           of
           the
           end
           ,
           the
           conjuncture
           of
           present
           Circumstances
           ,
           and
           the
           probability
           of
           good
           or
           evil
           consequents
           and
           effects
           ,
           prudentially
           laid
           together
           ,
           and
           weighed
           one
           against
           another
           ;
           I
           conceive
           it
           altogether
           unsafe
           for
           a
           Conscienc●ous
           person
           (
           especially
           in
           a
           business
           of
           so
           great
           concernment
           ,
           as
           the
           Marrying
           of
           a
           Child
           )
           to
           proceed
           upon
           the
           General
           Lawfulness
           of
           the
           thing
           ,
           without
           due
           consideration
           of
           Circumstances
           ,
           and
           other
           requisites
           for
           the
           warranting
           of
           particular
           Actions
           .
           Now
           ,
           as
           for
           the
           Marriage
           of
           a
           Daughter
           with
           one
           of
           so
           different
           Perswasion
           (
           in
           point
           of
           Religion
           )
           as
           ,
           that
           they
           cannot
           joyn
           together
           in
           the
           same
           way
           of
           God's
           Worship
           ,
           which
           is
           the
           case
           of
           a
           Protestant
           and
           a
           Papist
           ,
           it
           is
           very
           rare
           to
           find
           such
           a
           concurrence
           of
           Circumstances
           ,
           as
           that
           a
           man
           can
           thence
           be
           clearly
           satisfied
           in
           his
           Judgment
           (
           without
           just
           cause
           of
           doubting
           the
           contrary
           )
           that
           it
           can
           be
           expedient
           to
           conclude
           upon
           such
           a
           Marriage
           ;
           and
           how
           dangerous
           a
           thing
           it
           is
           to
           do
           any
           thing
           without
           
           a
           
             doubting
             Conscience
          
           ,
           we
           may
           learn
           from
           Rom.
           14.13
           ..
           For
           the
           
             evil
             consequents
          
           probably
           to
           ensue
           upon
           such
           Marriages
           ,
           are
           so
           many
           and
           great
           ,
           that
           the
           conveniences
           which
           men
           may
           promise
           to
           themselves
           from
           the
           same
           (
           if
           they
           should
           answer
           expectation
           ,
           as
           seldom
           they
           do
           to
           the
           full
           )
           laid
           in
           an
           equal
           ballance
           there-against
           ,
           would
           not
           turn
           the
           scale
           ;
           and
           in
           one
           respect
           the
           danger
           is
           greater
           to
           marry
           with
           a
           Papist
           ,
           than
           with
           one
           of
           a
           worse
           Religion
           ;
           for
           that
           the
           main
           Principle
           of
           his
           Religion
           ,
           (
           as
           a
           Papist
           )
           is
           more
           destructive
           of
           the
           comfort
           of
           a
           Conjugal
           Society
           ,
           than
           are
           the
           Principles
           of
           most
           Hereticks
           ;
           yea
           ,
           than
           those
           of
           Pagans
           ,
           or
           Atheists
           ;
           for
           holding
           that
           there
           is
           no
           Salvability
           but
           in
           the
           Church
           ;
           and
           that
           none
           is
           in
           the
           Church
           ,
           but
           such
           as
           acknowledg
           Subjection
           to
           the
           See
           of
           Rome
           ;
           it
           is
           not
           possible
           ,
           but
           that
           the
           Husband
           must
           needs
           conclude
           his
           Wife
           to
           be
           in
           the
           
             state
             of
             Damnation
          
           ,
           so
           long
           as
           she
           continueth
           Protestant
           :
           whence
           one
           of
           these
           two
           great
           inconveniences
           will
           unavoidably
           follow
           ;
           that
           either
           he
           will
           use
           all
           endeavors
           ,
           engins
           ,
           and
           artifices
           ,
           to
           draw
           her
           to
           the
           Church
           of
           Rome
           ,
           (
           as
           indeed
           who
           can
           blame
           him
           to
           bring
           his
           Wife
           into
           a
           capacity
           of
           everlasting
           Salvation
           ?
           )
           the
           restless
           
           importunity
           whereof
           (
           together
           with
           the
           ill
           advantages
           they
           of
           that
           party
           can
           make
           from
           the
           sad
           Confusions
           that
           are
           amongst
           us
           in
           these
           times
           )
           it
           will
           be
           very
           hard
           for
           one
           of
           the
           weaker
           ●ex
           perpetually
           to
           resist
           ;
           or
           else
           in
           case
           she
           stand
           firm
           in
           her
           Religion
           against
           all
           Assaults
           and
           Attempts
           to
           the
           contrary
           ,
           whatsoever
           he
           may
           be
           towards
           her
           in
           outward
           carriage
           ,
           he
           cannot
           but
           in
           his
           inmost
           thoughts
           ,
           pass
           judgment
           upon
           her
           ,
           as
           an
           obstinate
           and
           desperate
           Heretick
           ,
           and
           (
           so
           living
           and
           dying
           )
           an
           accursed
           and
           damned
           Creature
           .
           These
           are
           sad
           things
           both
           ;
           and
           it
           is
           not
           conceivable
           how
           a
           Woman
           so
           matched
           should
           live
           with
           any
           comfort
           ,
           or
           ever
           hope
           to
           see
           a
           good
           day
           ,
           wherein
           ●he
           shall
           not
           either
           be
           tempted
           from
           her
           Religion
           ,
           or
           censured
           for
           it
           ;
           what
           assurance
           can
           she
           have
           of
           his
           good
           affections
           towards
           her
           ,
           who
           is
           bound
           not
           to
           permit
           any
           better
           opinion
           of
           her
           ,
           than
           of
           a
           Reprobate
           and
           Cast-a-way
           ?
           Is
           it
           possible
           there
           may
           be
           so
           much
           good
           nature
           in
           the
           Husband
           ,
           as
           to
           take
           off
           somewhat
           from
           that
           rigidness
           ,
           which
           otherwise
           the
           Principles
           of
           his
           Religion
           would
           bind
           him
           to
           ,
           or
           so
           much
           discretion
           ,
           sweetness
           ,
           and
           obligingness
           in
           the
           Wives
           demeanor
           towards
           him
           ,
           as
           to
           preserve
           a
           
           good
           measure
           of
           Conjugal
           Affection
           between
           them
           ,
           notwithstanding
           their
           different
           Perswasions
           :
           This
           I
           say
           ,
           is
           possible
           ;
           and
           where
           it
           happeneth
           so
           to
           be
           ,
           it
           rendereth
           the
           condition
           of
           the
           Parties
           so
           much
           the
           less
           uncomfortable
           ;
           and
           that
           is
           the
           utmost
           of
           the
           happiness
           that
           is
           to
           be
           hoped
           for
           from
           such
           Marriages
           :
           and
           I
           think
           there
           cannot
           be
           produced
           ma●y
           examples
           thereof
           ;
           yet
           even
           there
           ,
           there
           cannot
           be
           that
           cordial
           Affection
           ,
           and
           fulness
           of
           Complacency
           (
           wherein
           yet
           the
           chiefest
           happiness
           of
           Conjugal
           Society
           consisteth
           )
           that
           would
           be
           ,
           if
           the
           same
           Parties
           (
           supposed
           to
           be
           of
           the
           same
           Qualifications
           otherwise
           )
           were
           also
           of
           the
           same
           Religion
           .
           I
           omit
           other
           oeconomical
           differences
           ,
           that
           may
           ,
           and
           very
           frequently
           do
           (
           occasionally
           )
           arise
           ,
           betwixt
           Husband
           and
           Wife
           from
           this
           difference
           in
           Religion
           ,
           as
           concerning
           the
           Entertainment
           of
           Friends
           ,
           the
           choice
           of
           Servants
           the
           education
           of
           Children
           (
           very
           considerable
           things
           all
           )
           besides
           sundry
           others
           perhaps
           of
           less
           moment
           ;
           yet
           such
           as
           are
           apt
           to
           breed
           Discontents
           and
           Jealousies
           ,
           and
           sometimes
           break
           out
           into
           great
           Distempers
           in
           the
           Family
           :
           Such
           Marriages
           therefore
           I
           should
           utterly
           disswade
           ;
           especially
           in
           the
           
             Nobility
             ,
             Gentry
          
           ,
           and
           Commonalty
           ,
           
           where
           there
           is
           choise
           enough
           otherwise
           to
           be
           had
           of
           Persons
           of
           equal
           Degree
           ,
           Estate
           ,
           and
           Education
           of
           the
           same
           Religion
           to
           match
           withal
           :
           Kings
           and
           Princes
           for
           reasons
           of
           State
           ,
           and
           because
           there
           is
           little
           choice
           of
           Persons
           of
           equal
           Dignity
           with
           themselves
           ,
           are
           therefore
           ofte●times
           by
           a
           kind
           of
           necessity
           ,
           put
           upon
           such
           Marriages
           ;
           yet
           even
           there
           ,
           where
           they
           are
           certainly
           the
           most
           excusable
           ,
           it
           hath
           been
           observed
           ,
           that
           such
           Marriages
           have
           proved
           for
           the
           most
           part
           unfortunate
           .
        
         
           The
           other
           Particular
           proposed
           in
           your
           Letter
           ,
           is
           concerning
           the
           
             Mariage
             of
             a
             Daughter
             to
             one
             that
             profe●●eth
             the
             Protestant
             Religion
             ,
             but
             having
             had
             Popish
             Parents
             ,
             may
             be
             suspected
             (
             though
             he
             deny
             it
             )
             to
             be
             that
             way
             inclined
             .
          
           The
           resolution
           whereof
           (
           as
           of
           most
           other
           Cases
           ,
           and
           
             Practical
             Questions
          
           )
           will
           depend
           very
           much
           upon
           the
           consideration
           of
           Circumstances
           ,
           whereunto
           being
           altogether
           a
           stranger
           ,
           I
           am
           less
           able
           to
           give
           Judgment
           in
           the
           Case
           with
           any
           certainty
           ;
           only
           in
           order
           to
           the
           resolution
           of
           the
           question
           ,
           these
           (
           to
           my
           understanding
           )
           seem
           to
           be
           the
           most
           proper
           and
           important
           Enquiries
           .
        
         
           First
           ,
           whether
           the
           Parents
           of
           the
           young
           Person
           be
           living
           or
           no
           ,
           one
           or
           both
           ?
           if
           both
           
           be
           dead
           ,
           the
           Temptations
           from
           them
           (
           which
           in
           such
           Cases
           are
           wont
           to
           prevail
           very
           much
           )
           are
           by
           their
           Death
           clearly
           superseded
           ;
           and
           then
           the
           danger
           is
           by
           so
           much
           less
           :
           but
           if
           either
           be
           living
           ,
           there
           can
           be
           little
           security
           of
           the
           Sons
           continuance
           in
           the
           
             Protestants
             Belief
          
           ,
           (
           notwithstanding
           his
           present
           Profession
           thereof
           )
           when
           he
           shall
           be
           assaulted
           with
           the
           
             whole
             Authority
          
           of
           them
           ,
           to
           whom
           he
           oweth
           Reverence
           .
        
         
           Secondly
           ,
           with
           what
           degree
           of
           Confidence
           ,
           and
           with
           what
           kind
           of
           asseverations
           he
           professeth
           the
           one
           ,
           and
           denieth
           the
           
             other
             Religion
          
           ;
           for
           although
           they
           out
           of
           design
           put
           on
           a
           counterfeit
           vizor
           ,
           use
           all
           the
           art
           they
           can
           to
           
             dissemble
             it
          
           ;
           yet
           very
           seldom
           can
           it
           be
           done
           so
           
             cunningly
             ,
             warily
          
           ,
           and
           constantly
           ,
           but
           that
           at
           some
           time
           or
           other
           ,
           the
           dissimulation
           will
           unawares
           bewray
           it self
           to
           the
           eye
           of
           a
           
             curious
             observer
          
           .
        
         
           Thirdly
           ,
           what
           measure
           of
           understanding
           the
           young
           Person
           (
           who
           is
           ,
           you
           say
           ,
           of
           
             great
             Abilities
          
           for
           his
           Age
           )
           hath
           in
           the
           
             Fundamental
             Articles
          
           of
           the
           
             Christian
             Religion
          
           ;
           those
           I
           mean
           ,
           wherein
           the
           English
           and
           
             Romish
             Churches
          
           are
           at
           agreement
           ,
           for
           in
           those
           the
           substance
           of
           
             Christianity
             consisteth
          
           ;
           he
           that
           rightly
           understands
           those
           
             Catholick
             Truths
          
           taught
           in
           
           the
           Catechisms
           of
           both
           Churches
           ,
           and
           concerning
           which
           all
           Christendom
           (
           in
           a
           manner
           )
           are
           at
           a
           
             perfect
             accord
          
           ;
           and
           then
           will
           but
           suffer
           himself
           to
           consider
           ,
           that
           the
           Church
           of
           England
           doth
           not
           impose
           upon
           the
           judgments
           and
           consciences
           of
           her
           Members
           ,
           any
           thing
           to
           be
           believed
           ,
           or
           received
           ,
           as
           of
           necessity
           to
           Salvation
           ,
           than
           what
           is
           
             truly
             Catholick
          
           ,
           and
           by
           her
           Adversaries
           confessed
           so
           to
           be
           ;
           and
           consequently
           ,
           that
           the
           difference
           betwixt
           her
           and
           the
           
             Romish
             Party
          
           ,
           is
           wholly
           about
           those
           Additionals
           or
           Superstructures
           ,
           which
           they
           of
           the
           
             Roman
             Faith
          
           require
           to
           be
           believed
           ,
           and
           received
           with
           like
           necessity
           as
           the
           former
           ;
           but
           appear
           to
           us
           of
           this
           
             Church
             respectively
          
           ,
           either
           
             evidently
             false
          
           ,
           or
           of
           
             doubtful
             truth
          
           ,
           or
           not
           of
           
             absolute
             necessity
          
           to
           be
           believed
           :
           I
           say
           ,
           whosoever
           well
           considereth
           this
           ,
           may
           rest
           satisfied
           in
           his
           judgment
           and
           conscience
           ,
           that
           the
           
             Faith
             taught
          
           and
           professed
           in
           the
           Church
           of
           England
           ,
           is
           a
           plain
           and
           
             safe
             way
          
           to
           lead
           a
           
             Christian
             Believer
          
           to
           
             Eternal
             Salvation
          
           ,
           if
           he
           withal
           lead
           his
           life
           and
           conversation
           answerable
           thereunto
           .
        
         
           To
           the
           last
           particular
           in
           your
           Letter
           ,
           all
           the
           return
           I
           have
           to
           make
           ,
           is
           no
           more
           but
           an
           humble
           acknowledgment
           and
           sense
           of
           his
           Lordships
           noble
           favors
           towards
           me
           ,
           in
           entertaining
           
           an
           opinion
           of
           me
           more
           suitable
           to
           his
           own
           goodness
           and
           ingenuity
           ,
           than
           to
           my
           merit
           :
           I
           know
           not
           ,
           nor
           desire
           to
           know
           of
           any
           occasions
           likely
           to
           draw
           me
           into
           those
           parts
           so
           distant
           from
           me
           (
           being
           grown
           into
           years
           ,
           and
           infirmities
           ,
           that
           render
           me
           very
           unfit
           for
           long
           Journeys
           )
           unless
           the
           business
           of
           my
           
             Sons
             Marriage
          
           ,
           which
           occasion'd
           my
           late
           Journey
           to
           London
           ,
           require
           a
           second
           thither
           in
           
             Michaelmas
             Term.
          
           But
           I
           am
           so
           sensible
           both
           of
           the
           trouble
           and
           charge
           of
           such
           Journeys
           (
           besides
           some
           inconveniences
           to
           my
           affairs
           at
           home
           ,
           whilst
           I
           am
           long
           absent
           )
           that
           I
           will
           avoid
           it
           ,
           unless
           there
           be
           no
           other
           remedy
           :
           I
           shall
           not
           
             willingly
             decline
          
           any
           employment
           (
           within
           my
           low
           and
           narrow
           sphere
           ,
           both
           of
           outward
           condition
           and
           parts
           )
           wherein
           my
           service
           may
           be
           any
           waies
           useful
           ,
           or
           but
           acceptable
           ,
           to
           that
           noble
           and
           
             excellent
             Person
          
           :
           but
           truly
           Sir
           ,
           I
           conceive
           there
           will
           be
           little
           need
           of
           my
           further
           endeavors
           ,
           as
           to
           that
           particular
           expressed
           in
           yours
           ,
           whether
           what
           I
           have
           written
           now
           ,
           give
           satisfaction
           ,
           or
           not
           ;
           there
           are
           persons
           nearer
           hand
           ,
           whom
           I
           know
           to
           be
           
             much
             fitter
          
           for
           an
           employment
           of
           that
           nature
           ,
           than
           my self
           ,
           who
           have
           ever
           studied
           Peace
           more
           than
           Controversies
           ;
           and
           namely
           ,
           one
           at
           the
           next
           door
           to
           Hatton-House
           ,
           
           whose
           sufficiency
           and
           readiness
           in
           that
           kind
           is
           well
           known
           to
           Mr.
           
             Geoffery
             Palmer
          
           .
           Sir
           ,
           I
           wish
           you
           Happiness
           ,
           desire
           your
           Prayers
           ,
           and
           rest
           ,
        
         
           
             Your
             Faithful
             and
             Humble
             Servant
             ,
          
           
             
               Iuly
               ,
               7.
               1656.
               
            
          
        
      
       
         
         
           The
           CASE
           of
           UNLAWFUL
           LOVE
           .
        
         
           TWO
           Gentlemen
           who
           were
           very
           good
           Friends
           ,
           and
           both
           of
           them
           Married
           ,
           used
           to
           converse
           together
           familiarly
           ;
           one
           of
           these
           took
           a
           special
           liking
           in
           the
           company
           and
           conversation
           of
           the
           others
           Wife
           ,
           and
           she
           answerably
           in
           his
           ;
           which
           afterwards
           proceeded
           to
           some
           degree
           of
           Love
           ;
           which
           ,
           though
           ever
           restrained
           ,
           and
           preserved
           without
           any
           violation
           of
           Chastity
           ,
           grew
           yet
           in
           the
           end
           to
           this
           issue
           ,
           that
           they
           mutually
           vowed
           either
           to
           other
           ;
           that
           if
           happily
           either
           of
           them
           should
           at
           any
           time
           be
           freed
           from
           the
           Bond
           of
           Matrimony
           (
           either
           he
           by
           the
           death
           of
           his
           Wife
           ,
           or
           she
           by
           the
           death
           of
           her
           Husband
           )
           that
           party
           so
           freed
           should
           continue
           afterwards
           unmarried
           ,
           and
           stay
           for
           the
           other
           ,
           till
           the
           other
           should
           be
           freed
           also
           ,
           though
           it
           were
           during
           life
           :
           Now
           so
           it
           is
           ,
           that
           this
           Gentlewomans
           Husband
           died
           ,
           and
           her
           affections
           and
           resolution
           so
           altered
           ,
           that
           gladly
           she
           would
           Marry
           ,
           if
           she
           might
           be
           released
           of
           the
           Engagement
           of
           that
           Vow
           ;
           or
           perswaded
           of
           the
           unlawfulness
           or
           nullity
           thereof
           .
        
         
         
           
             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
             Gentlewomans
          
           former
           promise
           ,
           
             and
             found
             direction
             also
          
           de
           futuro
           ,
           
             which
             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
             Gentlewoman
             and
             her
             friend
             ,
             were
             properly
             a
             Vow
             or
             no
             ?
             so
             it
             is
             called
             in
             the
             proposal
             of
             the
             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
             Vow
             is
             a
             word
             of
             a
             narrower
             extent
             than
             a
             Promise
             ,
             every
             Vow
             being
             indeed
             a
             Promise
             ,
             but
             not
             every
             Promise
             necessarily
             a
             Vow
             ;
             (a)
             Promises
             may
             be
             made
             indifferently
             ,
             either
             to
             God
             ,
             or
             Men
             ;
             but
             Promises
             made
             to
             Men
             are
             no
             Vows
             :
             
             wherefore
             it
             is
             usually
             inserted
             into
             the
             definition
             of
             a
             Vow
             ,
             as
             a
             condition
             (b)
             
               essentially
               requisite
            
             thereunto
             ,
             that
             it
             be
             made
             un●o
             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
             (c)
             
               express
               Precept
            
             of
             God
             ,
             and
             the
             constant
             (d)
             examples
             of
             
               godly
               men
            
             ,
             and
             the
             usual
             (e)
             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
             (f)
             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
             confirmation
             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)
             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
             ;
             (b)
             
               The
               Lord
               be
               witness
               between
               us
               :
            
             (c)
             
               God
               is
               my
               witness
            
             :
             (d)
             
               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
             judg
             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
             rea●onable
             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
             ;
             &
             clearly
             where
             the
             Promiser
             hath
             no
             intention
             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
             
               evidentl●
               proved
            
             ,
             that
             this
             Gentlewoman
             
               bound
               he●
               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
             
             (a)
             
               having
               an
               Husband
            
             at
             that
             time
             ,
             were
             so
             disabled
             in
             that
             respect
             from
             making
             such
             a
             promise
             ,
             that
             the
             promise
             then
             made
             by
             her
             ,
             without
             the
             
               Husbands
               consent
            
             ,
             was
             
               utterly
               void
            
             from
             the
             very
             beginning
             :
             For
             the
             Wife
             is
             under
             (b)
             
               the
               Law
            
             ,
             and
             (c)
             
               under
               the
               power
               of
               her
               Husband
               ,
            
             and
             so
             is
             not
             
               sui
               juris
            
             ,
             nor
             can
             bind
             he●
             self
             by
             
               Vow
               ,
               Oath
               ,
               Promise
            
             ,
             or
             otherwise
             without
             the
             privity
             and
             consent
             of
             her
             Husband
             ;
             which
             consent
             we
             may
             presume
             this
             Gentlewoman
             never
             had
             ,
             the
             promise
             being
             of
             that
             nature
             ,
             that
             it
             had
             been
             not
             only
             immodesty
             ,
             but
             even
             madness
             ,
             at
             all
             to
             have
             sought
             it
             .
             And
             it
             is
             certain●
             from
             the
             (d)
             
               Law
               of
               God
            
             ,
             by
             Moses
             (
             to
             the
             equity
             
             whereof
             Christians
             are
             still
             bound
             ,
             because
             it
             's
             founded
             upon
             
               right
               Reason
            
             ,
             and
             the
             
               light
               of
               Nature
            
             )
             that
             every
             Vow
             and
             Promise
             made
             by
             a
             person
             that
             of
             right
             hath
             not
             power
             to
             make
             it
             ,
             is
             
               de
               jure
               nullum
            
             ,
             altogether
             void
             from
             the
             first
             instant
             ,
             and
             bindeth
             the
             Party
             no
             more
             than
             if
             it
             never
             had
             been
             made
             .
          
           
             Sect.
             6.
             
             If
             any
             Scruple
             shall
             arise
             from
             this
             Consideration
             ,
             that
             albeit
             the
             promise
             made
             by
             the
             Wife
             in
             her
             Husbands
             life-time
             ,
             bind
             her
             ,
             not
             without
             his
             consent
             ,
             so
             long
             as
             he
             liveth
             ,
             because
             she
             is
             all
             that
             while
             under
             his
             power
             ;
             yet
             after
             that
             she
             is
             loosed
             from
             the
             
               law
               of
               her
               Husband
            
             ,
             by
             his
             death
             ,
             it
             shall
             thenceforth
             bind
             her
             ,
             because
             she
             then
             becometh
             
               sui
               juris
            
             :
             I
             say
             ,
             this
             maketh
             no
             difference
             at
             all
             in
             the
             Case
             ;
             for
             this
             is
             a
             
               general
               Rule
            
             ,
             that
             what
             (b)
             
               act
               soever
               had
               a
               nullity
               in
               it
               at
               the
               first
               ,
               when
               it
               was
               done
               ,
               cannot
               by
               any
               succeeding
               tract
               of
               time
               grow
               to
               be
               of
               force
               .
            
             As
             if
             a
             young
             Scholar
             shall
             be
             instituted
             to
             a
             Benefice
             ,
             being
             not
             of
             
               lawful
               years
            
             ;
             or
             a
             young
             Heir
             make
             a
             sale
             of
             his
             Lands
             during
             minority
             ,
             the
             institution
             and
             the
             sale
             ,
             as
             they
             were
             both
             void
             at
             the
             beginning
             ,
             so
             they
             shall
             continue
             void
             ,
             
             as
             well
             after
             the
             Clerk
             is
             of
             
               lawful
               years
            
             ,
             and
             the
             Heir
             at
             full
             age
             ,
             as
             before
             ;
             so
             that
             to
             judg
             of
             the
             validity
             of
             any
             
               Vow
               ,
               Promise
            
             ,
             or
             Covenant
             ,
             respect
             must
             be
             had
             to
             (c)
             that
             
               very
               time
            
             wherein
             it
             was
             made
             ,
             and
             to
             the
             
               present
               condition
            
             of
             the
             person
             at
             that
             time
             ,
             and
             not
             to
             any
             time
             or
             
               condition
               before
            
             or
             after
             :
             If
             then
             there
             were
             indeed
             a
             nullity
             in
             this
             Gentlewomans
             Vow
             ,
             at
             the
             time
             when
             she
             
               made
               it
            
             ,
             there
             is
             a
             nullity
             in
             it
             still
             ;
             and
             if
             it
             were
             indeed
             of
             no
             force
             to
             bind
             her
             then
             ,
             neither
             is
             it
             of
             any
             force
             to
             bind
             her
             now
             .
          
           
             Sect.
             7.
             
             But
             after
             due
             pondering
             of
             the
             matter
             ,
             I
             rather
             think
             ,
             that
             there
             was
             not
             a
             nullity
             in
             the
             promise
             at
             the
             first
             ,
             neither
             (
             supposing
             it
             had
             been
             rightly
             qualified
             in
             other
             ,
             respects
             )
             was
             it
             void
             upon
             this
             ground
             ;
             because
             although
             she
             were
             not
             
               sui
               juris
               absolutè
            
             ,
             it
             is
             sufficient
             yet
             ,
             that
             she
             was
             so
             
               quantum
               ad
               hoc
            
             .
             For
             a
             person
             that
             is
             under
             the
             power
             of
             another
             ,
             hath
             yet
             
               power
               of
               himself
            
             ,
             (
             and
             so
             is
             
               sui
               juris
            
             )
             to
             dispose
             of
             all
             such
             things
             ,
             as
             by
             the
             
               free
               disposal
            
             whereof
             ,
             the
             
               proper
               right
            
             of
             him
             ,
             under
             whose
             power
             he
             is
             ,
             is
             no
             way
             prejudiced
             ;
             but
             in
             whatsoever
             may
             be
             prejudicial
             to
             the
             other
             in
             any
             of
             his
             Rights
             ,
             he
             is
             
             
               juris
               alieni
            
             :
             neither
             may
             dispose
             thereof
             without
             the
             
               others
               consent
            
             ;
             and
             if
             such
             a
             person
             shall
             make
             a
             Vow
             ,
             or
             other
             Promise
             concerning
             any
             of
             those
             things
             wherein
             he
             is
             
               sui
               juris
            
             ,
             such
             vow
             or
             promise
             shall
             
               stand
               good
            
             ,
             and
             is
             not
             void
             (
             though
             possibly
             it
             may
             be
             vitious
             in
             other
             respects
             )
             from
             the
             inability
             of
             the
             person
             that
             
               maketh
               it
            
             :
             As
             for
             example
             ,
             if
             a
             Servant
             shall
             promise
             to
             his
             
               own
               Father
            
             ,
             to
             work
             with
             him
             a
             day
             or
             two
             in
             Harvest
             ,
             this
             promise
             ,
             unless
             his
             Master
             consent
             thereunto
             ,
             shall
             be
             void
             ,
             because
             the
             Master
             hath
             a
             right
             in
             the
             
               Servants
               wo●k
            
             ,
             to
             which
             right
             it
             would
             be
             prejudicial
             ,
             if
             the
             Servant
             should
             dispose
             thereof
             after
             his
             own
             pleasure
             ;
             but
             if
             such
             a
             Servant
             shall
             promise
             unto
             his
             
               needy
               Father
            
             to
             relieve
             him
             from
             time
             to
             time
             with
             a
             third
             or
             
               fourth
               part
            
             of
             all
             such
             wages
             as
             he
             shall
             receive
             for
             his
             service
             ,
             this
             promise
             shall
             be
             
               good
               of
               it self
            
             ;
             neither
             shall
             the
             
               Masters
               consent
            
             be
             requisite
             to
             make
             it
             so
             ,
             because
             the
             Master
             hath
             no
             right
             at
             all
             in
             the
             
               Servants
               wages
            
             ;
             wherein
             to
             be
             prejudiced
             by
             the
             
               Servants
               disposing
               thereof
            
             according
             to
             his
             own
             mind
             :
             Now
             ,
             forasmuch
             as
             the
             
               Husbands
               right
            
             and
             power
             over
             the
             
               Wife
               ceaseth
            
             together
             with
             his
             life
             ,
             (
             as
             the
             Apostle
             (a)
             expresly
             teacheth
             )
             and
             so
             
             cannot
             be
             prejudiced
             by
             any
             act
             of
             the
             Wife
             done
             after
             his
             Decease
             ;
             It
             is
             manifest
             that
             the
             Wife
             is
             
               sui
               juris
            
             to
             make
             a
             vow
             or
             promise
             during
             her
             
               Husbands
               life-time
            
             ,
             concerning
             something
             to
             be
             done
             after
             his
             decease
             ,
             in
             case
             she
             over-live
             him
             ,
             because
             his
             right
             will
             be
             expired
             before
             the
             performance
             of
             the
             said
             vow
             or
             promise
             be
             due
             ;
             as
             to
             give
             instance
             in
             a
             Case
             not
             much
             unlike
             to
             this
             in
             question
             :
             A
             Wife
             estated
             upon
             her
             Marriage
             in
             a
             Ioynture
             or
             Annuity
             for
             her
             life
             of
             an
             100
             
               l.
               per
               Annum
            
             ,
             maketh
             a
             promise
             in
             her
             Husbands
             life-time
             to
             one
             of
             her
             
               younger
               Brothers
            
             ,
             that
             hath
             but
             short
             Means
             to
             allow
             him
             thence
             forward
             out
             of
             the
             said
             Estate
             ,
             10
             l.
             yearly
             toward
             his
             better
             Maintenance
             ;
             this
             promise
             is
             void
             unless
             the
             
               Husband
               consent
            
             ,
             because
             the
             performance
             thereof
             would
             prejudice
             him
             in
             that
             right
             which
             he
             hath
             during
             his
             own
             life
             in
             the
             Revenue
             of
             all
             the
             Lands
             and
             Annuities
             estated
             upon
             the
             Wife
             in
             Reversion
             ;
             but
             if
             such
             a
             Wife
             shall
             promise
             to
             her
             said
             Brother
             to
             allow
             him
             the
             said
             yearly
             sum
             of
             10
             l.
             after
             the
             decease
             of
             her
             Husband
             ,
             in
             case
             she
             survive
             him
             ,
             this
             promise
             is
             good
             ,
             though
             made
             by
             the
             Wife
             in
             her
             Husbands
             life-time
             ,
             and
             without
             his
             consent
             ,
             because
             the
             Husbands
             right
             ,
             (
             being
             to
             
             cease
             before
             the
             Promise
             is
             to
             be
             performed
             )
             cannot
             be
             prejudiced
             by
             the
             performance
             thereof
             :
             And
             this
             I
             find
             agreeable
             to
             the
             
               best
               Casuists
            
             ,
             whose
             peremptory
             opinion
             it
             is
             ,
             that
             (b)
             
               Husbands
               and
               Masters
               cannot
               disannul
               such
            
             Vows
             
               as
               their
               Wives
               and
               Servants
               make
               concerning
               things
               to
               be
               performed
               at
               such
               times
               as
               they
               shall
               be
               from
               under
               their
               power
               .
            
             Which
             position
             ,
             if
             it
             be
             true
             (
             and
             I
             yet
             see
             no
             reason
             why
             it
             should
             not
             )
             then
             doubtless
             this
             Gentlewomans
             Vow
             made
             to
             
               her
               Friend
            
             ,
             though
             in
             the
             life-time
             ,
             and
             without
             the
             consent
             of
             her
             Husband
             ,
             was
             not
             
               originally
               void
            
             from
             the
             inability
             to
             make
             it
             ,
             upon
             this
             respect
             ,
             that
             she
             was
             not
             
               sui
               juris
            
             so
             to
             do
             .
          
        
         
           
             Point
             III.
             
          
           
             Sect.
             8.
             
             But
             though
             I
             dare
             not
             say
             ,
             neither
             do
             I
             think
             that
             there
             was
             a
             nullity
             in
             it
             ,
             in
             respect
             of
             the
             person
             ,
             to
             make
             it
             void
             that
             way
             ;
             yet
             it
             cannot
             be
             denied
             ,
             but
             there
             was
             much
             obliquity
             in
             it
             ,
             in
             respect
             of
             the
             matter
             ,
             to
             make
             it
             otherwise
             utterly
             unlawful
             :
             in
             which
             Point
             much
             need
             not
             be
             said
             ,
             
             because
             the
             truth
             thereof
             will
             soon
             appear
             ;
             for
             there
             was
             in
             it
             manifestly
             a
             
               threefold
               obliquity
            
             ,
             and
             thereby
             also
             a
             breach
             of
             three
             several
             Commandments
             .
             The
             first
             obliquity
             was
             in
             respect
             of
             the
             unlawful
             affection
             from
             which
             it
             proceeded
             ;
             which
             being
             placed
             upon
             another
             than
             the
             Husband
             ,
             and
             that
             in
             such
             an
             high
             degree
             ,
             as
             to
             produce
             a
             promise
             of
             this
             kind
             ,
             must
             needs
             be
             vitious
             ,
             both
             for
             the
             object
             ,
             and
             for
             the
             measure
             ,
             and
             such
             inordinate
             affection
             by
             the
             Analogy
             of
             our
             Saviours
             (a)
             expression
             of
             the
             Law
             ,
             is
             a
             violation
             of
             the
             Chastity
             of
             the
             heart
             ,
             and
             so
             a
             breach
             of
             the
             Seventh
             Commandment
             .
             The
             second
             obliquity
             was
             ,
             the
             want
             of
             that
             true
             
               Conjugal
               love
            
             which
             ought
             to
             be
             between
             Husband
             and
             Wife
             ,
             who
             ought
             to
             have
             a
             mutual
             (b)
             complacency
             and
             delight
             the
             one
             in
             the
             other
             ,
             and
             to
             be
             (c)
             satisfied
             at
             all
             times
             with
             the
             Love
             ,
             .
             Comfort
             ,
             and
             Society
             of
             the
             one
             of
             the
             other
             ;
             which
             Love
             ,
             if
             it
             had
             been
             so
             throughly
             rooted
             and
             seated
             in
             the
             Gentlewomans
             heart
             ,
             as
             it
             ought
             to
             have
             been
             ,
             would
             have
             crushed
             all
             motions
             of
             
               unlawful
               affection
            
             towards
             
             a
             Stranger
             in
             the
             shell
             ,
             long
             before
             they
             could
             grow
             to
             such
             strong
             Resolutions
             ,
             as
             by
             the
             making
             of
             this
             Vow
             it
             appeareth
             they
             did
             ;
             for
             it
             is
             not
             to
             be
             imagined
             that
             such
             a
             vow
             as
             this
             could
             be
             made
             ,
             and
             really
             intended
             to
             be
             performed
             ,
             but
             we
             must
             needs
             suppose
             in
             the
             parties
             so
             vowing
             ,
             a
             kind
             of
             weariness
             at
             the
             least
             ,
             if
             not
             rather
             some
             inward
             loathing
             of
             the
             present
             Yoak
             ;
             which
             being
             contrary
             to
             that
             honour
             that
             martyred
             persons
             owe
             to
             their
             yoak-fellows
             ,
             is
             so
             a
             breach
             of
             the
             Fifth
             Commandment
             :
             A
             third
             obliquity
             there
             was
             also
             as
             a
             breach
             of
             the
             Tenth
             Commandment
             ,
             against
             those
             express
             words
             [
             
               Thou
               shalt
               not
               covet
               thy
               Neighbours
               Wife
            
             ]
             every
             Man
             and
             Woman
             being
             to
             content
             themselves
             with
             that
             lot
             ,
             which
             ,
             by
             Gods
             Providence
             hath
             befallen
             them
             ,
             as
             in
             all
             other
             things
             ,
             so
             especially
             in
             that
             which
             is
             of
             the
             greatest
             weight
             ,
             the
             lot
             of
             Marriage
             ,
             without
             coveting
             or
             lusting
             after
             that
             which
             it
             hath
             pleased
             the
             Wisdom
             of
             God
             already
             to
             dispose
             upon
             another
             ;
             this
             Gentlewomans
             promise
             then
             being
             such
             ,
             as
             (
             if
             it
             should
             be
             brought
             to
             an
             impartial
             Trial
             before
             that
             Tribunal
             which
             God
             hath
             erected
             in
             every
             ones
             Conscience
             ,
             and
             according
             to
             the
             tenor
             of
             that
             Divine
             Law
             ,
             whereof
             no
             
             Christian
             should
             be
             ignorant
             )
             could
             not
             be
             reasonably
             acquitted
             from
             any
             one
             of
             these
             sinful
             Obliquities
             ,
             but
             not
             possibly
             from
             them
             all
             ,
             we
             may
             conclude
             to
             have
             been
             an
             Act
             utterly
             unlawful
             .
          
        
         
           
             Point
             IV.
             
          
           
             Sect.
             9.
             
             But
             because
             a
             Man
             may
             contract
             an
             Obligation
             by
             an
             act
             not
             free
             from
             Obliquit●
             ,
             as
             the
             saying
             in
             such
             Cases
             is
             ,
             [
             
               Fieri
               non
               debet
               ,
               factum
               valet
               ,
            
             ]
             and
             we
             have
             a
             
               Ruled
               case
            
             for
             it
             in
             the
             Covenant
             ,
             which
             the
             Princes
             of
             Israel
             made
             with
             the
             Gibeonites
             ,
             which
             though
             (b)
             
               sinfully
               made
            
             at
             the
             first
             ,
             was
             (c)
             necessarily
             to
             be
             kept
             afterwards
             :
             We
             are
             therefore
             to
             enquire
             into
             a
             
               Fourth
               Point
            
             ,
             Whether
             the
             Gentlewoman
             having
             
               de
               facto
            
             bound
             her self
             by
             such
             an
             
               unlawful
               promise
            
             ,
             be
             still
             ,
             by
             virtue
             of
             the
             said
             promise
             ,
             bound
             in
             Conscience
             to
             the
             performance
             thereof
             ,
             or
             not
             ?
             To
             answer
             directly
             to
             the
             Point
             ,
             
               I
               take
               it
               ,
               she
               is
               not
               bound
               thereunto
            
             ;
             for
             that
             saying
             [
             
               Fieri
               non
               debet
               ,
               factum
               valet
            
             ]
             hath
             place
             only
             there
             ,
             where
             the
             obliquity
             that
             maketh
             the
             
               act
               unlawful
            
             ,
             may
             be
             severed
             from
             the
             substance
             of
             the
             matter
             ,
             about
             which
             the
             act
             
             is
             conversant
             ;
             as
             when
             a
             man
             voweth
             to
             do
             something
             ,
             which
             is
             not
             in
             it self
             ,
             and
             for
             the
             substance
             of
             the
             matter
             
               simply
               unlawful
            
             to
             be
             done
             ;
             but
             yet
             voweth
             it
             ,
             either
             rashly
             ,
             and
             without
             due
             advertisement
             ,
             or
             for
             some
             indirect
             and
             unwarrantable
             end
             ,
             or
             upon
             slight
             and
             insufficient
             inducements
             ,
             or
             the
             like
             ,
             any
             of
             these
             Obliquities
             are
             enough
             to
             make
             the
             
               vow
               unlawful
            
             ,
             in
             respect
             of
             the
             act
             of
             vowing
             ;
             yet
             because
             these
             Obliquities
             do
             not
             necessarily
             pass
             upon
             the
             matter
             it self
             ,
             or
             the
             thing
             vowed
             ,
             but
             may
             be
             severed
             from
             it
             ;
             therefore
             ,
             though
             the
             act
             of
             vowing
             were
             sinful
             ,
             the
             Vow
             it self
             for
             all
             that
             may
             stand
             good
             ,
             and
             bind
             the
             Party
             to
             performance
             ;
             but
             where
             the
             
               sinful
               obliquity
            
             passeth
             upon
             the
             substance
             of
             the
             matter
             ,
             or
             adhereth
             inseparably
             thereunto
             ;
             there
             not
             only
             the
             act
             of
             vowing
             is
             sinful
             ,
             but
             the
             performance
             also
             becometh
             unlawful
             :
             In
             which
             Cases
             those
             other
             saying
             ought
             rather
             to
             have
             place
             ,
             
               Iuramentum
               non
               debet
               esse
               vinculum
               iniquitatis
               ,
               in
               malis
               promissis
               rescinde
               fidem
               ,
               in
               turpi
               voto
               ma●a
               decretum
               ,
            
             &c.
             
          
           
             Sect.
             10.
             
             If
             it
             shall
             be
             said
             ,
             that
             this
             difference
             being
             admitted
             ,
             will
             nothing
             avail
             the
             Gentlewoman
             in
             our
             present
             Case
             ,
             to
             free
             her
             from
             the
             obligation
             of
             her
             said
             promise
             ;
             
             because
             here
             the
             matter
             of
             promise
             seemeth
             not
             to
             be
             in
             it self
             unlawful
             ,
             especially
             on
             her
             part
             ;
             for
             if
             the
             Gentleman
             her
             Friend
             ,
             were
             presently
             free
             from
             the
             Bond
             of
             Matrimony
             by
             the
             death
             of
             his
             Wife
             ,
             as
             the
             Gentlewoman
             now
             is
             by
             the
             death
             of
             her
             Husband
             ,
             they
             might
             perform
             what
             they
             had
             promised
             either
             to
             other
             ,
             by
             joyning
             themselves
             in
             Matrimony
             ,
             and
             that
             without
             sin
             ,
             which
             is
             an
             argument
             that
             the
             
               sinful
               obliquity
            
             was
             only
             in
             the
             act
             of
             promising
             ;
             which
             therefore
             they
             ought
             to
             repent
             of
             :
             but
             doth
             not
             cleave
             to
             the
             matter
             of
             the
             promise
             ,
             which
             therefore
             they
             ought
             not
             to
             violate
             .
             To
             this
             I
             answer
             ,
             what
             in
             my
             opinion
             is
             true
             ,
             That
             if
             both
             the
             Parties
             were
             now
             actually
             free
             from
             the
             Marriage
             bond
             ,
             they
             not
             only
             lawfully
             might
             ,
             but
             were
             in
             Conscience
             bound
             (
             unless
             some
             other
             lawful
             impediment
             should
             hinder
             )
             to
             joyn
             themselves
             together
             in
             Matrimony
             ,
             because
             none
             of
             the
             fore-mentioned
             Obliquities
             ,
             which
             made
             the
             former
             act
             of
             promising
             unlawful
             ,
             would
             fall
             upon
             the
             after
             -
             act
             of
             Marriage
             to
             make
             it
             unlawful
             .
             But
             that
             Allegation
             is
             not
             direct
             to
             the
             Point
             in
             hand
             ,
             nor
             to
             the
             Case
             as
             it
             is
             propounded
             ;
             for
             it
             may
             be
             observed
             from
             the
             very
             form
             of
             the
             proposal
             ,
             
             that
             the
             matter
             of
             the
             promise
             ,
             wherein
             the
             Parties
             interchangeably
             bound
             themselves
             ,
             was
             not
             to
             Marry
             together
             ,
             when
             they
             should
             be
             both
             free
             ;
             upon
             which
             false
             ground
             the
             Objection
             runneth
             ;
             that
             was
             indeed
             the
             thing
             they
             aimed
             at
             therein
             ;
             but
             the
             end
             is
             one
             thing
             ,
             and
             the
             matter
             another
             :
             but
             the
             very
             matter
             of
             the
             promise
             was
             ,
             the
             continuance
             of
             their
             mutual
             affection
             either
             to
             other
             ,
             with
             a
             resolution
             to
             stay
             the
             one
             for
             the
             other
             ,
             when
             either
             Party
             should
             happen
             to
             be
             free
             from
             the
             bond
             of
             the
             present
             Matrimony
             ,
             till
             the
             other
             should
             be
             also
             free
             .
             The
             continuance
             of
             which
             affection
             and
             resolution
             ,
             will
             upon
             examination
             be
             found
             subject
             to
             all
             ,
             or
             some
             of
             the
             three
             Obliquities
             aforesaid
             ;
             and
             therefore
             as
             such
             an
             affection
             and
             resolution
             ,
             could
             not
             be
             entertained
             at
             the
             first
             without
             sin
             ;
             so
             neither
             can
             they
             be
             now
             continued
             in
             without
             sin
             ;
             for
             so
             long
             as
             they
             continue
             ,
             the
             first
             of
             the
             said
             Obliquities
             remaineth
             still
             ,
             both
             on
             his
             part
             and
             hers
             ;
             the
             second
             indeed
             by
             the
             death
             of
             the
             Husband
             is
             ceased
             on
             her
             part
             ,
             but
             remaineth
             still
             on
             his
             ,
             and
             the
             third
             contrarily
             being
             on
             his
             part
             ceased
             ,
             remaineth
             still
             on
             hers
             ,
             as
             will
             evidently
             appear
             to
             the
             understanding
             of
             any
             man
             that
             shall
             take
             the
             pains
             to
             examine
             it
             .
          
           
           
             Sect.
             11.
             
             Yea
             ,
             and
             it
             is
             further
             to
             be
             considered
             ,
             that
             the
             continuance
             of
             such
             an
             affection
             and
             resolution
             may
             be
             likely
             to
             expose
             a
             well
             the
             one
             as
             the
             other
             to
             the
             assault
             ●f
             more
             strong
             and
             dangerous
             temptatio●s
             ,
             now
             since
             the
             Husbands
             death
             ,
             than
             bef●re
             .
             The
             danger
             on
             the
             Gentlemans
             pa●●
             ,
             this
             ,
             lest
             by
             how
             much
             he
             is
             now
             by
             the
             Hu●bands
             death
             ,
             put
             into
             a
             nearer
             possibility
             of
             enjoying
             his
             unlawful
             hopes
             ,
             he
             should
             grow
             into
             so
             much
             the
             deeper
             loathing
             of
             hi●
             own
             bed
             ,
             and
             so
             much
             the
             earnester
             longing
             that
             ,
             that
             which
             is
             now
             the
             only
             obstacle
             to
             the
             fruition
             of
             his
             desires
             were
             removed
             ;
             of
             which
             thoughts
             ,
             who
             can
             tell
             how
             fearful
             the
             issues
             might
             be
             ?
             the
             
               sly
               Enemy
            
             being
             most
             ready
             at
             all
             times
             to
             practise
             upon
             the
             corruption
             that
             is
             in
             the
             
               naughty
               heart
            
             of
             Man
             ;
             but
             especially
             having
             a
             
               mighty
               advantage
            
             against
             him
             ,
             when
             he
             hath
             got
             his
             conscience
             as
             it
             were
             in
             a
             snare
             ,
             by
             the
             engagement
             of
             some
             
               vow
               ,
               promise
            
             ,
             or
             
               setled
               resolution
            
             .
             And
             then
             on
             the
             Gentlewomans
             part
             ,
             the
             danger
             this
             ,
             lest
             having
             by
             her
             own
             voluntary
             act
             debarr'd
             her self
             of
             that
             which
             is
             the
             only
             allowed
             remedy
             ,
             namely
             Marriage
             ;
             she
             should
             by
             the
             just
             judgment
             of
             God
             ,
             be
             left
             to
             the
             rage
             of
             the
             Disease
             of
             
               burning
               Lusts
            
             :
             
             for
             upon
             what
             sound
             warrant
             can
             she
             be
             confident
             ,
             or
             with
             what
             reason
             expect
             ,
             that
             God
             should
             either
             preserve
             her
             from
             ,
             or
             assist
             her
             against
             temptations
             in
             that
             kind
             ,
             though
             she
             should
             seek
             it
             of
             him
             with
             Fasting
             ,
             and
             Prayers
             ,
             and
             Tears
             ,
             so
             long
             as
             she
             tempteth
             Him
             by
             persisting
             in
             a
             wilful
             obstinacy
             against
             that
             means
             of
             Remedy
             which
             He
             hath
             appointed
             ?
             Indeed
             ,
             where
             the
             Hand
             of
             God
             Himself
             hath
             prevented
             the
             use
             of
             the
             Remedy
             ,
             (
             as
             if
             the
             Husband
             should
             be
             long
             detained
             in
             a
             forein
             Land
             ,
             or
             held
             in
             close
             Prison
             ,
             or
             taken
             with
             a
             
               dead
               Palsie
            
             ,
             or
             some
             other
             bodily
             impotence
             ,
             or
             the
             like
             )
             there
             the
             Wife
             might
             comfortably
             implore
             God's
             assistance
             to
             preserve
             her
             from
             being
             overcome
             by
             carnal
             temptations
             ,
             and
             assuredly
             rest
             upon
             it
             by
             Faith
             ,
             if
             she
             be
             not
             wanting
             to
             her self
             ,
             in
             putting
             to
             her
             own
             utmost
             endeavors
             ,
             because
             she
             hath
             a
             Promise
             to
             rest
             upon
             for
             that
             purpose
             ;
             and
             God
             who
             is
             faithful
             in
             all
             his
             Promises
             ,
             is
             also
             faithful
             in
             this
             ,
             of
             
               not
               suffering
               his
               Servants
               to
               be
               tempted
               beyond
               their
               strength
            
             :
             but
             for
             the
             Wife
             ,
             by
             some
             inconsiderate
             act
             of
             her
             own
             ,
             wherein
             she
             wilfully
             and
             obstinately
             persisteth
             to
             refuse
             the
             appointed
             means
             ,
             and
             yet
             to
             expect
             God's
             assistance
             nevertheless
             ,
             
             for
             which
             she
             hath
             no
             Promise
             ,
             is
             a
             fearful
             tempting
             of
             God
             ;
             and
             it
             is
             but
             a
             just
             thing
             with
             God
             ,
             and
             she
             suffereth
             it
             worthily
             for
             her
             presumption
             ,
             if
             she
             be
             left
             to
             her self
             ,
             and
             so
             wrestle
             with
             the
             temptation
             by
             her
             own
             strength
             ,
             and
             so
             be
             overcome
             thereby
             :
             For
             God
             ,
             who
             hath
             after
             a
             sort
             tied
             Himself
             by
             His
             free
             and
             gracious
             Promise
             ,
             to
             protect
             us
             in
             
               Via
               Regia
            
             ,
             so
             long
             as
             we
             walk
             in
             the
             ordinary
             known
             way
             that
             he
             hath
             appointed
             for
             us
             ,
             hath
             no
             where
             bound
             Himself
             to
             vouchsafe
             us
             the
             like
             powerful
             protection
             
               Ex●ra
               viam
               Regiam
            
             ,
             if
             we
             refuse
             that
             high-way
             ,
             to
             walk
             in
             by-paths
             of
             our
             own
             choosing
             ;
             which
             present
             dangers
             on
             both
             sides
             ,
             and
             the
             former
             reasons
             laid
             together
             ,
             do
             suffici●ntly
             prove
             ,
             that
             the
             Gentlewoman
             is
             not
             at
             all
             bound
             to
             perform
             her
             ●aid
             unlaw●ul
             Promise
             .
          
        
         
           
             Point
             V.
             
          
           
             Sect.
             12.
             
             Hitherto
             we
             have
             proceeded
             in
             
               genere
               judiciali
            
             ,
             by
             considering
             of
             the
             nature
             and
             validity
             ,
             lawfulness
             and
             obligation
             of
             the
             P●omise
             for
             the
             time
             past
             :
             Now
             we
             are
             to
             deal
             in
             
               genere
               deliberativo
            
             ,
             and
             to
             consider
             what
             in
             
               Christian
               Wisdom
            
             is
             meetest
             to
             
             be
             farther
             done
             ,
             for
             the
             better
             both
             quieting
             and
             regulating
             of
             the
             Conscience
             for
             the
             time
             to
             come
             ;
             wherein
             ,
             submitting
             to
             Men
             of
             better
             judgments
             ,
             and
             experience
             ,
             I
             give
             my
             advice
             as
             followeth
             ,
             viz.
             
          
           
             First
             ,
             That
             the
             Gentlewoman
             out
             of
             the
             serious
             consideration
             of
             the
             Promises
             ,
             be
             brought
             to
             a
             through
             feeling
             of
             the
             grievousness
             of
             those
             sins
             which
             she
             hath
             committed
             against
             God
             ,
             and
             wherein
             she
             hath
             so
             long
             continued
             ,
             that
             so
             she
             may
             not
             only
             be
             humbled
             in
             his
             sight
             with
             true
             contrition
             of
             heart
             ,
             and
             remorse
             for
             the
             same
             ,
             proportionably
             to
             the
             greatness
             thereof
             ;
             but
             also
             be
             provoked
             to
             a
             proportionable
             measure
             of
             thankfulness
             unto
             him
             ,
             for
             his
             gracious
             goodness
             in
             restraining
             her
             unlawful
             affections
             from
             breaking
             out
             into
             actual
             uncleanness
             ,
             and
             preserving
             her
             when
             she
             had
             run
             out
             so
             far
             in
             an
             evil
             way
             ,
             from
             rushing
             into
             more
             desperate
             Extremities
             ;
             for
             
               Erranti
               nullus
               terminus
            
             :
             as
             a
             stone
             that
             tumbleth
             down
             a
             steep
             hill
             ,
             so
             mans
             corruption
             ,
             when
             it
             is
             once
             set
             on
             going
             ,
             hath
             no
             stay
             of
             it self
             till
             it
             come
             to
             the
             bottom
             of
             Hell
             ,
             unless
             the
             Lord
             lay
             a
             stop
             in
             the
             way
             :
             and
             it
             is
             to
             be
             acknowledged
             a
             blessed
             act
             of
             God's
             merciful
             Providence
             ,
             when
             we
             have
             let
             loose
             
             the
             reins
             to
             our
             own
             lusts
             in
             any
             kind
             ,
             if
             they
             be
             bridled
             from
             running
             headlong
             into
             all
             excess
             of
             wickedness
             ;
             great
             sins
             require
             more
             than
             ordinary
             Repentance
             ,
             and
             great
             mercies
             more
             than
             ordinary
             Thankfulness
             .
          
           
             Sect.
             13.
             
             Secondly
             ,
             That
             having
             thus
             humbled
             her self
             before
             God
             by
             inward
             Contrition
             ,
             she
             also
             make
             an
             outward
             free
             Confession
             of
             her
             said
             sins
             ,
             to
             him
             whom
             God
             hath
             delegated
             a
             Ministerial
             Power
             to
             remit
             sins
             ,
             that
             she
             may
             receive
             Comfort
             and
             Absolution
             from
             his
             Mouth
             ;
             I
             mean
             the
             Priest
             :
             and
             this
             I
             think
             meetest
             to
             be
             done
             to
             the
             Bishop
             of
             the
             Diocess
             ,
             with
             one
             or
             more
             of
             his
             Presbytery
             ,
             such
             as
             he
             shall
             think
             good
             to
             take
             to
             him
             to
             assist
             him
             ;
             or
             else
             to
             some
             other
             by
             his
             appointment
             ;
             because
             the
             Bishop
             is
             the
             chief
             Pastor
             ,
             to
             whom
             the
             care
             of
             souls
             most
             immediately
             belongeth
             ,
             within
             his
             own
             Diocess
             :
             besides
             that
             ,
             both
             the
             quality
             of
             the
             person
             ,
             (
             if
             she
             be
             of
             eminent
             Plac●
             ,
             and
             Rank
             )
             and
             the
             weightiness
             of
             the
             case
             ,
             make
             it
             so
             much
             the
             more
             proper
             for
             his
             cognisance
             :
             But
             howsoever
             it
             would
             be
             done
             to
             a
             Man
             of
             
               approved
               Wisdom
            
             ,
             and
             such
             an
             one
             as
             will
             be
             both
             compassionate
             ,
             and
             secret
             ,
             wherein
             the
             more
             freely
             she
             shall
             make
             confession
             of
             her
             said
             
             sins
             ,
             and
             the
             more
             chearfully
             she
             shall
             subject
             her self
             to
             perform
             such
             further
             Acts
             ,
             whether
             of
             Humiliation
             or
             Charity
             ,
             as
             the
             Bishop
             or
             Priest
             shall
             advise
             to
             be
             done
             ,
             in
             testimony
             of
             her
             
               unfeigned
               Repentance
            
             ,
             the
             more
             sound
             comfort
             undoubtedly
             will
             the
             sentence
             of
             Absolution
             bring
             unto
             the
             soul.
             
          
           
             Sect.
             14.
             
             This
             done
             ,
             then
             thirdly
             ,
             that
             she
             endeavor
             by
             all
             
               fair
               means
            
             ,
             that
             the
             Gentleman
             also
             her
             friend
             and
             partner
             ,
             in
             the
             aforesaid
             Promise
             ,
             may
             be
             brought
             to
             the
             like
             sight
             and
             acknowledgment
             of
             the
             great
             sins
             that
             were
             enwrapped
             in
             that
             act
             ,
             and
             to
             a
             true
             perswasion
             withal
             ,
             that
             so
             long
             as
             he
             continueth
             in
             the
             former
             unlawful
             affection
             and
             resolution
             ,
             he
             is
             not
             only
             still
             under
             the
             guilt
             of
             those
             sins
             ,
             but
             also
             in
             
               near
               danger
            
             (
             without
             God's
             great
             mercy
             preventing
             it
             )
             of
             falling
             into
             other
             and
             greater
             sins
             ,
             for
             which
             purpose
             it
             will
             be
             expedient
             ,
             that
             he
             be
             truly
             and
             effectually
             dealt
             withal
             ,
             (
             yet
             with
             as
             much
             lenity
             as
             the
             state
             of
             his
             Soul
             will
             suffer
             ,
             and
             withall
             possible
             secresie
             )
             and
             that
             by
             some
             such
             person
             especially
             as
             he
             holdeth
             a
             
               reverend
               Opinion
            
             of
             both
             for
             Learning
             and
             Piety
             ;
             and
             to
             procure
             that
             this
             be
             done
             ,
             the
             Gentlewoman
             ought
             to
             take
             it
             into
             her
             own
             especial
             care
             ;
             which
             it
             
             will
             concern
             her
             to
             do
             ,
             not
             only
             in
             Christian
             Charity
             for
             the
             good
             of
             his
             Soul
             ,
             but
             in
             
               Christian
               Wisdom
            
             also
             for
             her
             own
             future
             benefit
             and
             security
             .
          
           
             Sect.
             15.
             
             For
             when
             he
             shall
             be
             once
             throughly
             convinced
             in
             his
             judgment
             and
             conscience
             ,
             of
             the
             unlawfulness
             of
             the
             Promise
             made
             between
             them
             ,
             and
             of
             the
             sinful
             inconveniences
             that
             attend
             the
             
               continued
               purpose
            
             of
             fulfilling
             it
             ,
             there
             is
             a
             fair
             way
             open
             for
             that
             which
             is
             next
             &
             fourthly
             to
             be
             done
             ,
             viz.
             That
             he
             be
             then
             earnestly
             moved
             for
             his
             Relaxation
             of
             the
             said
             Promise
             to
             the
             Gentlewoman
             ,
             which
             (
             being
             it
             was
             but
             a
             
               meer
               Promise
            
             ,
             and
             no
             Vow
             ,
             as
             in
             the
             
               first
               Point
            
             hath
             already
             been
             shewed
             )
             he
             hath
             in
             himself
             a
             
               full
               power
            
             to
             make
             ,
             and
             this
             also
             to
             be
             done
             in
             the
             presence
             of
             such
             Persons
             ,
             as
             they
             shall
             make
             choice
             of
             betwixt
             themselves
             to
             be
             witnesses
             of
             the
             said
             Release
             ;
             for
             although
             the
             Promise
             being
             
               utterly
               unlawful
            
             ,
             hath
             no
             power
             to
             bind
             ,
             and
             so
             there
             needeth
             no
             Release
             ,
             as
             of
             absolute
             necessity
             ,
             in
             reward
             of
             the
             thing
             it self
             ;
             yet
             such
             Release
             may
             be
             very
             behoveful
             in
             regard
             of
             the
             Gentlewomans
             person
             ,
             and
             for
             the
             quieting
             of
             her
             conscience
             ,
             in
             case
             there
             should
             remain
             any
             fears
             or
             scruples
             behind
             ,
             lest
             perhaps
             her
             
             promise
             should
             
               still
               bind
            
             her
             ;
             for
             as
             Satan
             laboureth
             to
             benum
             the
             Conscience
             with
             security
             ,
             to
             make
             men
             bold
             to
             commit
             sins
             without
             scruple
             ,
             till
             he
             has
             drawn
             them
             into
             the
             snare
             ;
             so
             when
             he
             seeth
             them
             offer
             to
             get
             out
             of
             the
             snare
             again
             by
             Repentance
             ,
             he
             is
             very
             cunning
             to
             inject
             
               needless
               scruples
            
             and
             fears
             ,
             if
             possibly
             he
             can
             ,
             to
             hold
             them
             in
             by
             means
             thereof
             ;
             wherefore
             I
             hold
             it
             very
             expedient
             ,
             that
             such
             a
             Release
             ,
             if
             it
             may
             be
             obtained
             ,
             be
             not
             neglected
             ;
             for
             thereby
             the
             binding
             power
             of
             the
             Promise
             ,
             though
             we
             should
             suppose
             it
             lawful
             ,
             should
             be
             quite
             taken
             away
             ,
             so
             as
             there
             need
             no
             scruple
             to
             remain
             :
             
               Abundans
               Cautela
               non
               nocet
            
             ,
             is
             a
             safe
             Aphorism
             ;
             as
             wary
             men
             when
             they
             pay
             moneys
             ,
             besides
             seeing
             the
             Book
             crost
             ,
             will
             crave
             to
             have
             an
             Acquittance
             :
             So
             it
             may
             be
             some
             satisfaction
             to
             the
             Gentlewomans
             mind
             ,
             to
             have
             a
             solemn
             Release
             before
             witness
             ,
             which
             say
             it
             should
             be
             more
             than
             needeth
             ,
             yet
             can
             do
             no
             harm
             howsoever
             .
          
           
             Sect.
             16.
             
             Fifthly
             ,
             that
             the
             Gentlewoman
             all
             the
             while
             before
             ,
             and
             so
             ever
             after
             (
             that
             time
             only
             excepted
             ,
             when
             the
             Relaxation
             should
             be
             made
             ,
             for
             then
             it
             is
             requisite
             she
             should
             be
             personally
             present
             )
             carefully
             avoid
             the
             company
             of
             that
             Gentleman
             ,
             and
             he
             
             likewise
             hers
             ,
             so
             far
             as
             conveniently
             may
             be
             ;
             but
             at
             leastwise
             ,
             by
             no
             means
             
               converse
               together
            
             with
             any
             familiarity
             ,
             especially
             in
             private
             ;
             lest
             the
             former
             
               unlawful
               affection
            
             should
             rekindle
             in
             either
             Party
             ,
             and
             so
             the
             disease
             after
             some
             measure
             of
             Cure
             grow
             to
             a
             relaps
             ,
             which
             many
             times
             proves
             more
             dangerous
             than
             the
             
               first
               malady
            
             ;
             for
             commonly
             when
             the
             
               unclean
               spirit
            
             is
             ejected
             by
             Repentance
             ,
             if
             once
             he
             make
             himself
             master
             of
             the
             heart
             again
             (
             as
             he
             will
             attempt
             it
             ,
             and
             without
             a
             good
             watch
             happily
             effect
             it
             )
             he
             will
             be
             sure
             at
             the
             re-entry
             ,
             to
             come
             with
             a
             
               new
               strength
            
             ,
             and
             that
             seven-fold
             to
             what
             he
             had
             before
             ,
             and
             
               needs
               must
               the
               end
               of
               that
               man
               be
               worse
               than
               the
               beginning
               :
            
             she
             must
             therefore
             resolve
             to
             shun
             all
             
               likely
               occasions
            
             of
             falling
             again
             into
             the
             same
             snare
             ,
             so
             far
             as
             the
             quality
             of
             her
             person
             and
             condition
             ,
             and
             the
             
               common
               affairs
            
             of
             life
             will
             permit
             :
             And
             she
             had
             need
             also
             to
             use
             her
             best
             care
             and
             diligence
             (
             praying
             to
             God
             daily
             for
             Grace
             to
             strengthen
             her
             thereunto
             )
             to
             withstand
             all
             
               wicked
               temptations
            
             of
             the
             flesh
             ,
             that
             she
             be
             no
             more
             foiled
             thereby
             ,
             neither
             entangled
             again
             in
             such
             
               sinful
               inconveniences
            
             ,
             as
             by
             God's
             Mercy
             she
             shall
             be
             now
             freed
             from
             .
          
           
           
             Sect.
             17.
             
             If
             in
             these
             Directions
             ,
             I
             be
             thought
             to
             deal
             with
             too
             much
             rigour
             and
             strictness
             ,
             it
             would
             be
             considered
             :
          
           
             First
             ,
             that
             it
             's
             much
             better
             to
             put
             the
             Patient
             to
             a
             little
             more
             pain
             at
             the
             first
             ,
             than
             by
             skinning
             the
             wound
             over
             ,
             to
             heal
             it
             deceitfully
             ;
             and
             to
             suffer
             it
             to
             
               rankle
               inward
            
             ;
             which
             will
             breed
             a
             great
             deal
             more
             grief
             at
             last
             .
          
           
             Secondly
             ,
             That
             since
             all
             men
             (
             through
             corrupt
             Self-love
             ,
             and
             privy
             Hypocrisie
             ,
             cleaving
             to
             our
             
               depraved
               nature
            
             )
             are
             partial
             towards
             themselves
             ,
             and
             apt
             to
             deal
             more
             favourably
             with
             their
             own
             sins
             than
             they
             ought
             ;
             it
             is
             therefore
             safest
             for
             them
             (
             in
             their
             own
             Cases
             especially
             )
             to
             encline
             to
             severity
             rather
             than
             indulgence
             .
          
           
             Thirdly
             ,
             That
             there
             may
             be
             a
             mitigation
             used
             of
             the
             
               present
               Directions
            
             ,
             according
             as
             the
             state
             of
             the
             Patient
             (
             in
             the
             several
             variations
             thereof
             )
             shall
             require
             ;
             but
             that
             (
             for
             the
             avoiding
             of
             partiality
             )
             not
             to
             be
             permitted
             to
             the
             
               sole
               liberty
            
             of
             the
             
               party
               himself
            
             ,
             but
             rather
             to
             be
             done
             by
             the
             advice
             of
             a
             
               Ghostly
               Physitian
            
             ,
             who
             if
             he
             be
             a
             man
             of
             such
             wisdom
             and
             moderation
             as
             is
             meet
             ,
             will
             I
             doubt
             not
             allow
             a
             greater
             indulgence
             in
             case
             she
             see
             it
             expedient
             ,
             than
             it
             could
             be
             safe
             
             for
             the
             Party
             her self
             to
             take
             of
             her
             own
             head
             .
          
           
             Fourthly
             ,
             That
             in
             all
             this
             Discourse
             ,
             I
             take
             not
             upon
             me
             to
             write
             Edicts
             ,
             but
             to
             give
             my
             advice
             ,
             that
             is
             to
             say
             ,
             not
             to
             prescribe
             to
             the
             judgment
             of
             others
             ,
             if
             any
             shall
             see
             cause
             to
             dissent
             ,
             but
             to
             deliver
             my
             
               own
               opinion
            
             (
             being
             requested
             thereunto
             by
             a
             Reverend
             Friend
             )
             with
             such
             a
             faithfulness
             and
             freedom
             as
             becometh
             me
             to
             do
             ;
             and
             truly
             those
             Parties
             whom
             it
             most
             concerneth
             ,
             ought
             not
             to
             blame
             me
             for
             it
             howsoever
             ;
             inasmuch
             as
             there
             can
             be
             no
             cause
             to
             suspect
             that
             I
             should
             be
             carried
             with
             any
             
               personal
               respects
            
             to
             be
             partial
             either
             for
             or
             against
             either
             of
             them
             ;
             so
             God
             is
             my
             witness
             ,
             whom
             I
             desire
             to
             serve
             ,
             I
             had
             not
             any
             intimation
             at
             all
             given
             me
             ,
             neither
             yet
             have
             so
             much
             as
             the
             least
             conjecture
             in
             the
             World
             ,
             who
             either
             of
             them
             both
             might
             be
             .
          
        
      
       
         
         
           The
           CASE
           of
           a
           MILITARY
           LIFE
           .
        
         
           
             SIR
             ,
          
        
         
           IN
           referring
           over
           your
           friend
           to
           me
           ,
           you
           have
           pitched
           upon
           one
           of
           the
           unfittest
           persons
           in
           the
           World
           ,
           to
           be
           consulted
           in
           cases
           of
           that
           nature
           ,
           who
           am
           altogether
           a
           stranger
           to
           the
           
             Publick
             Affairs
          
           of
           Christendom
           ,
           and
           understand
           nothing
           at
           all
           of
           the
           mutual
           
             Interests
             ,
             Relations
          
           ,
           or
           Transactions
           of
           
             Forein
             Princes
          
           or
           States
           ;
           yea
           ,
           so
           little
           curious
           have
           I
           been
           to
           inform
           my self
           ,
           so
           much
           as
           where
           the
           Stages
           lay
           of
           the
           chiefest
           Actions
           of
           these
           latter
           times
           abroad
           ,
           or
           what
           persons
           were
           engaged
           therein
           ;
           that
           I
           have
           something
           pleased
           my self
           (
           perhaps
           too
           much
           )
           with
           my
           
             own
             ignorance
          
           in
           our
           
             home
             Affairs
          
           ,
           accounting
           it
           among
           the
           happinesses
           of
           my
           privacy
           and
           retiredness
           ,
           in
           these
           
             unhappy
             times
          
           ;
           that
           amidst
           so
           much
           fury
           and
           bloodshed
           on
           every
           side
           ,
           it
           was
           never
           my
           hap
           to
           be
           within
           the
           view
           of
           any
           Battle
           or
           Skirmish
           ;
           nor
           did
           I
           ever
           see
           so
           much
           as
           a
           Pistol
           discharged
           ,
           or
           a
           Sword
           drawn
           against
           any
           single
           
           person
           ,
           since
           the
           beginning
           of
           the
           War.
           I
           could
           have
           wished
           therefore
           ,
           since
           my
           opinion
           herein
           is
           desired
           ,
           that
           I
           had
           had
           the
           opportunity
           to
           have
           advised
           with
           some
           more
           knowing
           Men
           ,
           and
           of
           greater
           experience
           and
           judgment
           than
           my self
           in
           these
           matters
           ;
           or
           at
           lest
           ,
           that
           you
           had
           sent
           me
           ,
           together
           with
           the
           two
           enclosed
           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
           th●se
           
             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
                 prop●se
                 to
                 themselves
                 in
                 following
                 the
                 War
                 ;
                 or
                 what
                 it
                 is
                 that
                 chiefly
                 induceth
                 them
                 thereunto
                 .
              
            
             
               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
             measureable
             for
             it
             ,
             and
             have
             a
             mind
             thereunto
             ;
             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
             
               Superior
               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
             Iudge
             ,
             a
             Constable
             ,
             an
             
               A●bitrator
               ,
               &c.
            
             which
             are
             therefore
             said
             to
             be
             
               juris
               delegati
            
             ,
             because
             the
             right
             that
             a●y
             man
             hath
             to
             such
             Imployments
             ,
             accrueth
             unto
             him
             by
             virtue
             of
             that
             Authority
             which
             he
             receiveth
             by
             Delegation
             of
             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
               Iudge
               ?
               By
               what
               Authority
               dost
               thou
               those
               things
            
             ?
             Or
             ,
             
               Who
               gave
               thee
               this
               Authority
            
             ?
             A
             man
             may
             betake
             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
             Iudge
             ,
             without
             Commission
             from
             his
             Sovereign
             ;
             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
             impowred
             thereunto
             ,
             upon
             the
             tie
             of
             
               Obedience
               ,
               Contract
               ,
               Friendship
            
             ,
             &c.
             but
             for
             
               distinction
               sake
            
             ,
             as
             the
             Latins
             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
             Iudge
             ;
             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
             
               Vniversality
               (
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               )
               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
             ,
             Matt.
             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
             .
             Now
             ,
             (
             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
             
               Countrey
               )
               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
             ,
             abstractly
             from
             the
             consideration
             of
             the
             person
             in
             the
             said
             Letter
             charactered
             ,
             and
             those
             other
             circumstances
             which
             may
             vary
             the
             Case
             )
             must
             be
             in
             the
             Negative
             ;
             viz.
             
               That
               it
               is
               not
               lawful
               to
               be
               a
               Souldier
               ,
               upon
               the
               same
               account
               that
               men
               apply
               themselves
               to
               Trades
               ,
               to
               the
               practice
               of
               the
               Laws
               ,
               and
               to
               other
               (
               like
               )
               civil
               Imployments
               .
            
          
        
         
           
             II.
             Consideration
             of
             the
             Souldiers
             Imployment
             in
             particular
             .
          
           
             1.
             
             THe
             care
             that
             ought
             to
             be
             in
             every
             Man
             that
             taketh
             upon
             him
             the
             exe●cise
             of
             any
             Office
             ,
             to
             be
             well
             assured
             that
             he
             hath
             a
             
               sufficient
               right
            
             and
             warrant
             for
             so
             doing
             ,
             is
             no
             less
             requisite
             in
             a
             Souldier
             ,
             than
             i●
             any
             other
             Officer
             ;
             yea
             rather
             by
             so
             muc●
             more
             requisite
             in
             him
             ,
             than
             in
             most
             of
             them
             by
             how
             much
             the
             matter
             he
             is
             conversa●●
             about
             ,
             (
             
               viz.
               the
               Life
               of
               man
            
             )
             is
             of
             
               greate●
               consequence
            
             ,
             than
             are
             the
             matters
             in
             whic●
             most
             of
             them
             are
             imployed
             ;
             for
             the
             Souldier
             ●very
             time
             he
             draweth
             his
             Sword
             i●
             the
             Field
             ,
             is
             by
             the
             very
             nature
             of
             his
             Imployment
             
             supposed
             to
             do
             it
             either
             with
             a
             resolution
             to
             lose
             his
             own
             ,
             or
             to
             take
             away
             his
             
               Enemies
               life
            
             ;
             else
             he
             doth
             it
             but
             prevaricate
             ,
             and
             is
             unfaithful
             in
             the
             Service
             he
             has
             undertaken
             :
             In
             which
             service
             ,
             if
             it
             be
             his
             fortune
             either
             to
             kill
             ,
             or
             to
             be
             killed
             ,
             he
             is
             actually
             and
             deeply
             guilty
             ;
             but
             if
             neither
             ,
             yet
             that
             very
             resolution
             maketh
             him
             intentionally
             guilty
             of
             the
             Transgression
             of
             the
             sixth
             Commandment
             ,
             
               Thou
               shalt
               not
               kill
            
             ;
             in
             case
             he
             have
             no
             
               good
               right
            
             ,
             so
             far
             to
             dispose
             either
             of
             his
             own
             ,
             or
             the
             others
             life
             .
             It
             concerneth
             him
             therefore
             to
             look
             well
             to
             that
             ;
             both
             what
             Power
             belongeth
             to
             him
             ,
             as
             a
             Souldier
             ,
             and
             by
             what
             Authority
             he
             claimeth
             the
             exercise
             of
             such
             a
             Pow●r
             .
          
           
             2.
             
             Most
             certain
             it
             is
             ,
             that
             properly
             and
             originally
             the
             power
             to
             dispose
             of
             Mans
             Life
             (
             
               Ius
               vitae
               &
               necis
            
             )
             belongeth
             to
             
               God
               alone
            
             ,
             who
             is
             ,
             
               Dominus
               vitae
               &
               necis
            
             ,
             as
             the
             
               sole
               Author
            
             of
             Life
             ,
             so
             the
             
               sole
               Lord
            
             and
             Master
             of
             Life
             and
             Death
             :
             some
             part
             of
             which
             power
             ,
             since
             it
             hath
             pleased
             him
             for
             the
             good
             of
             
               humane
               Society
            
             ,
             (
             in
             the
             preservation
             of
             Peace
             and
             Iustice
             ,
             and
             the
             punishment
             of
             such
             as
             are
             enemies
             to
             either
             )
             to
             communicate
             unto
             men
             ,
             (
             which
             power
             so
             communicated
             ,
             is
             that
             which
             we
             use
             to
             call
             
               Ius
               Gladii
            
             ,
             or
             the
             
             
               power
               of
               the
               Sword
            
             )
             it
             may
             therefore
             be
             
               lawfully
               exercised
            
             by
             men
             ;
             but
             within
             that
             latitude
             ,
             and
             in
             order
             ,
             as
             God
             hath
             communicated
             it
             to
             them
             ,
             but
             not
             farther
             nor
             otherwise
             .
          
           
             3.
             
             Now
             God
             hath
             not
             given
             to
             any
             man
             ,
             either
             Sovereign
             or
             Subject
             ,
             power
             over
             his
             own
             life
             ,
             to
             destroy
             it
             by
             his
             
               own
               voluntary
               act
            
             in
             any
             Case
             ;
             no
             ,
             nor
             yet
             power
             to
             expose
             it
             to
             the
             certain
             hazzard
             of
             being
             destroyed
             by
             another
             in
             fight
             ,
             saving
             in
             the
             one
             only
             Case
             of
             just
             and
             
               necessary
               defence
            
             :
             under
             which
             notion
             is
             to
             be
             comprehended
             also
             the
             hazzarding
             of
             the
             
               Princes
               Life
            
             ,
             in
             a
             just
             and
             
               necessary
               War
            
             ;
             out
             of
             which
             Case
             ,
             whosoever
             shall
             expose
             his
             life
             to
             hazzard
             ,
             by
             fight
             ,
             of
             his
             
               own
               accord
            
             ;
             if
             he
             perish
             in
             it
             ,
             cannot
             be
             excused
             from
             being
             guilty
             of
             his
             
               own
               death
            
             ,
             nor
             from
             usurping
             a
             power
             over
             his
             own
             life
             ,
             which
             God
             hath
             not
             allowed
             .
          
           
             4.
             
             Add
             hereunto
             the
             injustice
             ,
             that
             he
             thereby
             doth
             to
             his
             Sovereign
             and
             Countrey
             ▪
             God
             hath
             given
             to
             his
             Vicegerents
             here
             on
             Earth
             ,
             a
             
               right
               in
            
             ,
             and
             a
             
               power
               over
            
             the
             persons
             of
             all
             their
             Subjects
             ,
             within
             their
             several
             respective
             Dominions
             ,
             even
             to
             the
             spending
             of
             their
             lives
             in
             their
             
               Countreys
               service
            
             ,
             whensoever
             they
             shall
             be
             by
             their
             Authority
             required
             thereunto
             ,
             which
             they
             cannot
             therefore
             
             
               prodigally
               spend
            
             at
             their
             
               own
               pleasure
            
             ,
             without
             
               apparent
               wrong
            
             done
             to
             their
             Governors
             interest
             ;
             for
             as
             he
             that
             shall
             kill
             a
             
               private
               person
            
             ,
             is
             not
             only
             an
             offender
             against
             God
             ,
             and
             against
             that
             person
             ,
             in
             depriving
             him
             of
             life
             ;
             but
             is
             also
             by
             the
             Interpretation
             of
             the
             Laws
             ,
             (
             according
             to
             the
             importance
             of
             the
             ancient
             form
             of
             Enditing
             )
             an
             offender
             against
             the
             Crown
             and
             Dignity
             of
             his
             Sovereign
             ,
             in
             depriving
             him
             of
             a
             Subject
             ,
             and
             consequently
             of
             the
             interest
             he
             had
             in
             his
             person
             ,
             and
             of
             the
             use
             he
             might
             have
             had
             of
             his
             service
             :
             so
             he
             that
             is
             so
             prodigal
             of
             his
             
               own
               life
            
             ,
             as
             to
             hazzard
             it
             upon
             the
             Sword
             in
             fight
             ,
             without
             his
             
               Sovereigns
               Authority
            
             ,
             if
             he
             perish
             ,
             is
             not
             only
             guilty
             of
             his
             being
             accessary
             to
             his
             
               own
               destruction
            
             ;
             but
             doth
             also
             an
             act
             injurious
             and
             prejudicial
             to
             his
             Sovereign
             ,
             at
             whose
             service
             and
             disposal
             (
             under
             God
             )
             his
             life
             and
             person
             ought
             to
             be
             .
          
           
             5.
             
             And
             as
             his
             presumption
             cannot
             be
             excused
             ,
             if
             he
             be
             slain
             upon
             that
             account
             ;
             so
             neither
             can
             he
             justifie
             the
             killing
             of
             another
             (
             though
             an
             enemy
             )
             in
             Battle
             ,
             if
             he
             have
             no
             other
             warrant
             for
             taking
             of
             Arms
             ,
             than
             from
             himself
             ;
             for
             War
             is
             a
             kind
             of
             Judicature
             ,
             wherein
             the
             Prince
             that
             wageth
             the
             War
             ,
             is
             as
             the
             Judge
             that
             giveth
             sentence
             of
             death
             
             against
             the
             Enemy
             ,
             as
             a
             disturber
             of
             the
             Peace
             of
             his
             Countrey
             ,
             and
             all
             that
             engage
             in
             the
             War
             under
             him
             ,
             are
             but
             as
             so
             many
             execution●rs
             of
             the
             sentence
             pronounced
             by
             him
             ;
             and
             he
             that
             executeth
             the
             sentence
             of
             death
             upon
             another
             ,
             must
             do
             it
             by
             some
             
               lawful
               Authority
            
             ,
             as
             well
             as
             he
             that
             pronounceth
             the
             sentence
             ;
             or
             else
             he
             is
             a
             Murtherer
             as
             well
             as
             This.
             Now
             the
             Souldier
             that
             by
             fighting
             on
             the
             one
             side
             ,
             doth
             
               ipso
               facto
            
             declare
             against
             those
             of
             the
             other
             side
             ,
             as
             Enemies
             ;
             if
             he
             so
             engage
             of
             his
             own
             mind
             only
             ,
             he
             doth
             indeed
             ,
             upon
             the
             point
             ,
             take
             upon
             him
             the
             Office
             of
             a
             Iudge
             ,
             being
             none
             ,
             and
             so
             runneth
             before
             he
             be
             sent
             :
             or
             if
             it
             shall
             be
             said
             in
             his
             behalf
             ,
             That
             he
             doth
             it
             not
             as
             a
             Judge
             ,
             but
             as
             the
             Executioner
             of
             the
             sentence
             pronounced
             by
             that
             Prince
             ,
             into
             whose
             service
             he
             hath
             put
             himself
             ,
             and
             who
             by
             the
             accepti●g
             of
             his
             service
             hath
             sufficiently
             authorized
             him
             to
             do
             such
             Execution
             :
             Your
             Letter
             hath
             suggested
             to
             me
             this
             ready
             Answer
             ,
             
               That
               the
               sentence
               pronounced
               by
               one
               that
               is
               not
               his
               Lawful
               Sovereign
               ,
               and
               by
               consequence
               ,
               whose
               judgment
               he
               is
               not
               warranted
               to
               follow
               ,
               is
               of
               no
               more
               validity
            
             (
             as
             in
             relation
             to
             him
             )
             than
             Sententia
             lata
             a
             non
             judice
             ,
             
               and
               therefore
               can
               be
               no
               warrant
               to
               him
               to
               execute
               it
               .
            
             True
             it
             is
             ,
             
             that
             with
             licence
             from
             his
             Sovereign
             ,
             he
             may
             serve
             under
             another
             Prince
             ,
             and
             consequently
             do
             such
             execution
             as
             we
             now
             speak
             of
             ;
             because
             the
             Sovereign
             by
             so
             licensing
             him
             ,
             doth
             really
             refer
             him
             over
             from
             himself
             to
             
               anothers
               judgment
            
             ,
             and
             consequently
             warrant
             him
             to
             follow
             the
             same
             ,
             and
             so
             render
             him
             capable
             (
             upon
             the
             others
             acceptance
             )
             to
             execute
             it
             .
             All
             this
             is
             true
             ,
             but
             nothing
             to
             our
             purpose
             ,
             because
             it
             doth
             
               destruere
               suppositum
            
             ;
             for
             we
             now
             suppose
             the
             Case
             of
             a
             Souldier
             putting
             himself
             into
             service
             ,
             under
             a
             Foreiner
             of
             his
             own
             mind
             ,
             and
             where
             
               himself
               thinketh
               good
            
             ,
             without
             the
             knowledg
             or
             licence
             of
             his
             own
             
               lawful
               Sovereign
            
             .
          
        
         
           
             III.
             Consideration
             of
             the
             end
             to
             be
             proposed
             by
             the
             Souldier
             .
          
           
             1.
             
             SIth
             the
             goodness
             or
             badness
             of
             Mens
             actions
             and
             undertakings
             dependeth
             very
             much
             upon
             the
             end
             which
             they
             propose
             to
             themselves
             therein
             ;
             he
             that
             would
             desire
             to
             lead
             a
             
               Souldiers
               life
            
             ,
             must
             narrowly
             examine
             his
             own
             heart
             ,
             what
             it
             is
             ,
             
               bona
               fide
            
             ,
             and
             in
             very
             deed
             ,
             that
             first
             and
             chiefly
             induced
             him
             to
             
             that
             desire
             ,
             and
             what
             affinity
             there
             is
             between
             that
             end
             ,
             which
             he
             proposeth
             to
             himself
             ,
             as
             the
             main
             scope
             of
             his
             Intentions
             ,
             and
             that
             which
             is
             or
             ought
             to
             be
             the
             
               true
               end
            
             of
             the
             thing
             it self
             ;
             the
             true
             end
             of
             the
             War
             ,
             which
             only
             can
             warrant
             it
             lawful
             ,
             we
             all
             know
             is
             the
             necessary
             preservation
             of
             a
             Common-wealth
             in
             Peace
             ,
             by
             repressing
             (
             or
             preventing
             )
             all
             Seditions
             ,
             or
             
               Hostile
               attempts
            
             to
             the
             contrary
             ;
             but
             as
             in
             other
             things
             it
             often
             happeneth
             ,
             according
             to
             that
             saying
             ,
             [
             
               Finis
               non
               idem
               est
               a●tis
               &
               artificis
            
             ]
             so
             here
             many
             times
             the
             Warrior
             hath
             another
             end
             to
             himself
             far
             distant
             from
             that
             of
             War
             ,
             and
             the
             more
             distant
             ever
             the
             worse
             ;
             as
             on
             the
             contrary
             ,
             the
             action
             is
             ever
             by
             so
             much
             the
             better
             ,
             by
             how
             much
             the
             intention
             of
             the
             person
             hath
             a
             
               neare●
               affinity
               with
            
             ,
             or
             a
             
               directer
               tendency
               unto
            
             ,
             that
             for
             which
             the
             thing
             it self
             was
             ordained
             .
          
           
             2.
             
             Now
             ,
             the
             ends
             which
             men
             ,
             desirous
             to
             follow
             the
             Wars
             ,
             do
             usually
             propose
             to
             themselves
             in
             so
             doing
             ,
             are
             especially
             one
             of
             these
             Three
             ,
             
               Lucre
               ,
               Honour
            
             ,
             or
             
               to
               do
               their
               Countrey
               service
            
             ;
             concerning
             which
             ,
             we
             are
             to
             enquire
             severally
             ,
             whether
             or
             no
             ,
             and
             how
             far
             forth
             any
             of
             these
             may
             be
             a
             
               sufficient
               inducement
            
             to
             a
             Christian
             ,
             or
             but
             
               moral
               man
            
             ,
             to
             follow
             the
             Wars
             ,
             as
             his
             
               particular
               Calling
            
             or
             Profes●ion
             .
          
           
           
             3.
             
             For
             Lucre
             first
             :
             He
             that
             hath
             a
             warrant
             otherwise
             to
             imploy
             himself
             as
             a
             Souldier
             ,
             may
             doubtless
             lawfully
             both
             
               receive
               pay
            
             ,
             and
             require
             it
             ;
             
               Iohn
               the
               Baptist
            
             allowed
             the
             
               Souldiers
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               Luke
            
             3.14
             .
             And
             St.
             Paul
             thought
             it
             not
             reasonable
             ,
             that
             any
             man
             should
             go
             to
             
               warfare
               at
               his
               own
               Charges
            
             ,
             1
             Cor.
             9.7
             .
             Not
             so
             only
             ,
             but
             he
             may
             also
             ,
             in
             putting
             himself
             upon
             that
             imployment
             ,
             (
             being
             called
             thereunto
             )
             have
             an
             eye
             to
             his
             profit
             ,
             and
             an
             
               actual
               intention
            
             (
             if
             moderate
             ,
             and
             otherwise
             rightly
             qualified
             )
             of
             getting
             himself
             a
             livelihood
             ,
             yea
             ,
             and
             of
             
               raising
               himself
            
             a
             fortune
             (
             as
             we
             call
             it
             )
             by
             his
             service
             therein
             ;
             even
             as
             men
             in
             the
             choice
             of
             other
             Professions
             ,
             or
             undertaking
             Offices
             usually
             do
             ,
             and
             may
             do
             without
             sin
             ?
             but
             to
             propose
             to
             himself
             Lucre
             ,
             as
             the
             
               main
               end
            
             and
             scope
             of
             following
             the
             Wars
             (
             as
             it
             is
             evident
             by
             their
             actions
             ,
             that
             very
             many
             of
             our
             Common
             Souldiers
             do
             )
             is
             one
             of
             the
             most
             hateful
             and
             unrighteous
             things
             in
             the
             World
             :
             so
             far
             is
             it
             from
             being
             a
             
               sufficient
               inducement
            
             to
             any
             man
             to
             make
             that
             his
             Profession
             .
             How
             can
             it
             be
             imagined
             to
             be
             consistent
             with
             that
             
               Charity
               ,
               Iustice
            
             ,
             and
             Moderation
             ,
             that
             should
             be
             in
             every
             Christian
             to
             set
             up
             a
             Trade
             of
             
               killing
               of
               Men
            
             for
             Money
             ?
             The
             meer
             
               Mercenary
               
               Souldier
            
             therefore
             ,
             or
             a
             Souldier
             of
             Fortune
             (
             as
             we
             call
             him
             )
             I
             find
             every
             where
             inveigh'd
             against
             as
             one
             of
             the
             greatest
             Scourges
             or
             Plagues
             of
             Mankind
             ;
             for
             such
             Men
             never
             look
             at
             the
             Cause
             they
             engage
             for
             ,
             whether
             it
             be
             right
             or
             wrong
             ;
             but
             at
             the
             pay
             and
             prey
             ;
             and
             therefore
             they
             take
             their
             best
             Markets
             ,
             and
             care
             not
             whom
             they
             
               undo
               ,
               kill
            
             ,
             and
             oppress
             ,
             by
             
               V●olence
               ,
               Rapine
               ,
               Mur●her
            
             ,
             and
             Plunder
             ,
             so
             that
             they
             may
             but
             enrich
             themselves
             thereby
             ,
             and
             can
             do
             it
             with
             safety
             :
             Nor
             will
             they
             stick
             ,
             if
             there
             be
             an
             advantage
             to
             be
             made
             of
             it
             ;
             and
             that
             they
             can
             spy
             a
             fit
             opportunity
             for
             it
             ,
             either
             to
             betray
             th●ir
             own
             party
             ,
             or
             to
             revolt
             to
             the
             other
             side
             ,
             or
             to
             do
             any
             other
             act
             ,
             though
             never
             so
             base
             and
             dishonest
             ,
             
               Nulla
               fides
               pietasque
               viris
               qui
               castra
               sequuntur
               .
            
          
           
             4.
             
             Next
             the
             i●tuition
             of
             Honour
             and
             Glory
             to
             be
             acquired
             by
             
               worthy
               Actions
            
             in
             the
             Wars
             ,
             may
             be
             not
             only
             lawful
             ,
             but
             commendable
             also
             and
             useful
             in
             a
             Souldier
             ;
             and
             truly
             this
             of
             Glory
             is
             a
             more
             
               noble
               end
            
             ,
             of
             a
             higher
             pitch
             ,
             and
             more
             befitting
             a
             generous
             spirit
             by
             much
             than
             that
             of
             Lucre
             is
             ;
             both
             because
             Men
             of
             eminent
             Birth
             ,
             and
             Place
             ,
             and
             Parts
             ,
             are
             aptest
             to
             be
             affected
             with
             it
             ;
             whereas
             Gain
             worketh
             most
             upon
             the
             lower
             
             sort
             of
             Men
             ,
             and
             also
             because
             it
             putteth
             Men
             upon
             more
             worthy
             Enterprizes
             ,
             and
             such
             as
             may
             win
             Honor
             and
             Reputation
             ;
             and
             restraineth
             them
             from
             those
             baser
             acts
             of
             
               Injustice
               ,
               Cruelty
            
             ,
             and
             Rapine
             ,
             to
             which
             the
             desire
             of
             Gain
             usually
             prompteth
             the
             Me●cenary
             Man
             ;
             but
             yet
             as
             to
             the
             warranting
             of
             the
             Souldier
             for
             making
             that
             his
             Profession
             ,
             (
             which
             is
             the
             Point
             now
             in
             hand
             )
             this
             of
             Glory
             is
             of
             no
             more
             importance
             than
             was
             that
             of
             Gain
             ;
             for
             the
             right
             end
             of
             War
             ,
             being
             a
             safe
             and
             
               honourable
               Peace
            
             ,
             there
             is
             something
             common
             to
             both
             (
             consequential
             to
             the
             desire
             of
             Glory
             as
             well
             as
             of
             Gain
             )
             :
             so
             inconsistent
             with
             that
             end
             ,
             that
             it
             setteth
             them
             at
             an
             equal
             ,
             or
             not
             much
             unequal
             distance
             therefrom
             :
             For
             as
             he
             that
             aim●th
             to
             gain
             by
             the
             Wars
             ,
             cannot
             but
             desire
             the
             continuance
             of
             War
             ,
             that
             so
             his
             hopes
             of
             gain
             may
             continue
             ;
             so
             he
             that
             aimeth
             to
             get
             himself
             Glory
             by
             the
             Wars
             ,
             cannot
             but
             desire
             the
             continuance
             of
             War
             ,
             that
             so
             the
             opportunities
             of
             encreasing
             his
             Glory
             may
             continue
             ;
             for
             there
             is
             a
             Dropsie
             of
             vain-glory
             in
             the
             Ambitious
             ,
             as
             well
             as
             of
             Avarice
             in
             the
             Covetous
             ,
             as
             thirsty
             and
             unsatiable
             in
             the
             one
             ,
             as
             in
             the
             other
             ;
             whence
             it
             cometh
             to
             pass
             ,
             that
             both
             the
             one
             and
             the
             other
             use
             their
             utmost
             wits
             and
             endeavours
             
             to
             find
             occasions
             to
             lengthen
             the
             Wars
             ,
             and
             to
             obstruct
             and
             retard
             (
             so
             much
             as
             lieth
             in
             them
             )
             the
             advices
             of
             Peace
             :
             Nay
             ,
             let
             me
             add
             moreover
             ,
             that
             in
             this
             respect
             at
             least
             (
             viz.
             as
             to
             the
             effectual
             hindring
             of
             Peace
             )
             that
             of
             Honour
             and
             Glory
             ,
             is
             much
             the
             more
             dangerous
             end
             of
             the
             two
             ;
             because
             this
             humour
             is
             aptest
             to
             seize
             upon
             the
             
               greatest
               Persons
            
             ,
             and
             such
             as
             by
             privil●dge
             of
             their
             birth
             ,
             eminency
             of
             their
             places
             ,
             activeness
             of
             their
             spirits
             ,
             glory
             of
             their
             
               former
               actions
            
             ,
             or
             other
             like
             advantages
             bear
             a
             great
             sway
             in
             Councils
             ,
             and
             are
             of
             some
             authority
             in
             the
             Armies
             :
             whereas
             the
             Peasantry
             ,
             in
             whom
             most
             of
             the
             other
             humour
             (
             that
             of
             base
             Lucre
             )
             aboundeth
             ,
             have
             neither
             the
             wit
             nor
             the
             power
             ordinarily
             to
             do
             much
             harm
             .
             It
             hath
             therefore
             been
             a
             constant
             observation
             in
             all
             times
             and
             places
             ,
             that
             the
             embroyling
             most
             Common-wealths
             in
             Wars
             ,
             in
             the
             mean
             time
             ,
             and
             working
             their
             ruin
             in
             the
             end
             ,
             hath
             grown
             from
             the
             restlesness
             of
             some
             ambitious
             spirits
             ,
             and
             their
             immoderate
             thirst
             after
             Honor
             &
             Glory
             .
          
           
             
               —
               Patriam
               tamen
               obruit
               olim
            
             
               Gloria
               paucorum
               ,
               &
               laudis
               titulique
               cupido
               :
            
             
               Juvenal
               Sat.
               10.
               
            
          
           
           
             5.
             
             So
             that
             if
             there
             be
             any
             possibility
             of
             finding
             a
             person
             capable
             to
             take
             upon
             him
             the
             imployment
             of
             a
             Souldier
             ,
             as
             his
             proper
             Profession
             ,
             it
             must
             be
             among
             those
             that
             propose
             to
             themselves
             the
             same
             end
             therein
             ,
             that
             is
             ,
             or
             ought
             to
             be
             the
             
               end
               of
               War
            
             ;
             that
             is
             to
             say
             ,
             those
             that
             after
             an
             impartial
             search
             of
             their
             own
             hearts
             ,
             can
             truly
             say
             (
             and
             not
             pretend
             it
             only
             )
             
               That
               their
               chiefest
               aim
               in
               applying
               themselves
               to
               the
               Wars
               ,
               is
               to
               do
               their
               King
               and
               Country
               service
               ,
               in
               procuring
               or
               preserving
               the
               Peace
               thereof
               :
            
             which
             no
             man
             can
             truly
             say
             ,
             but
             he
             that
             prefereth
             the
             
               Publick
               Good
            
             ,
             and
             the
             Peace
             of
             his
             Country
             ,
             before
             all
             
               private
               In●erests
            
             .
             The
             tryal
             whereof
             is
             ,
             if
             he
             take
             up
             Armes
             with
             this
             Resolution
             ,
             and
             by
             his
             after
             carriage
             make
             it
             good
             ,
             not
             to
             do
             any
             act
             ,
             or
             enterprize
             any
             thing
             for
             his
             own
             
               benefit
               ,
               glory
            
             ,
             or
             safety
             that
             may
             hinder
             ,
             nor
             to
             refuse
             any
             service
             or
             hazzard
             that
             may
             probably
             promote
             the
             obtaining
             of
             that
             end
             ;
             which
             Qualification
             supposed
             ,
             I
             deny
             not
             but
             that
             a
             Man
             may
             find
             warrant
             to
             go
             on
             in
             the
             way
             of
             a
             Souldier
             as
             his
             proper
             Profession
             ,
             and
             that
             in
             two
             Cases
             .
          
           
             6.
             
             First
             ,
             that
             which
             (
             in
             the
             nature
             of
             the
             Imployment
             it self
             )
             is
             rather
             an
             Office
             than
             a
             Profession
             (
             such
             as
             we
             have
             already
             shown
             
             the
             Souldiers
             imployment
             to
             be
             )
             may
             yet
             become
             to
             the
             person
             so
             imployed
             ,
             as
             his
             proper
             Profession
             ,
             if
             he
             shall
             be
             appointed
             thereunto
             by
             
               lawful
               Authority
            
             ;
             especially
             if
             it
             be
             done
             with
             a
             declared
             intention
             (
             whether
             expresly
             or
             interpretatively
             declared
             )
             of
             continuing
             him
             for
             life
             ,
             or
             for
             any
             long
             space
             in
             the
             same
             ;
             and
             that
             the
             said
             imployment
             ,
             during
             such
             his
             continuance
             therein
             ,
             shall
             require
             his
             personal
             attendance
             ,
             either
             constantly
             or
             for
             the
             most
             part
             :
             As
             for
             example
             ,
             a
             Lawyer
             by
             Profession
             and
             Practice
             ,
             is
             by
             his
             Sovereign
             called
             to
             be
             a
             Iudge
             of
             either
             Bench
             ,
             or
             a
             Baron
             of
             the
             Exchequer
             ,
             the
             Office
             of
             a
             Iudge
             is
             now
             become
             his
             Profession
             ,
             or
             
               particular
               Vocation
            
             ,
             because
             it
             is
             supposed
             that
             he
             is
             to
             continue
             in
             that
             Office
             ;
             and
             the
             execution
             of
             that
             Office
             will
             require
             his
             attendance
             thereupon
             ,
             in
             the
             yearly
             Terms
             and
             Circuits
             :
             but
             ●f
             the
             King
             shall
             appoint
             a
             Serjeant
             or
             Counsellor
             at
             the
             Law
             ,
             by
             his
             particular
             Commission
             to
             ride
             this
             
               Summers
               Circuit
            
             ,
             into
             such
             and
             such
             Countries
             ,
             and
             there
             to
             execute
             the
             Office
             of
             a
             Iudge
             ,
             the
             Party
             so
             constituted
             and
             appointed
             ,
             hath
             by
             virtue
             of
             that
             Cmmission
             ,
             full
             power
             to
             do
             the
             Office
             of
             Iudge
             in
             that
             Circuit
             ,
             and
             is
             to
             be
             received
             and
             honoured
             with
             the
             title
             of
             Lord
             ,
             
             and
             all
             other
             testimonies
             of
             honour
             and
             respect
             ,
             in
             as
             much
             ample
             manner
             as
             other
             Iudges
             in
             their
             Circuits
             are
             ;
             y●t
             doth
             he
             not
             thereby
             come
             to
             be
             denominated
             a
             Iudge
             ,
             as
             if
             that
             were
             his
             proper
             Profession
             ,
             or
             ordinary
             Calling
             ,
             as
             in
             the
             former
             Case
             ;
             because
             he
             is
             
               impowred
               to
               execute
               the
               Office
               of
               a
               Iudge
               ,
            
             but
             during
             the
             time
             of
             that
             Circuit
             only
             :
             Nor
             is
             his
             attendance
             upon
             that
             Office
             any
             longer
             required
             ,
             or
             so
             much
             as
             allowed
             him
             .
             In
             like
             manner
             ,
             if
             the
             King
             of
             England
             shall
             make
             choice
             of
             some
             p●rson
             of
             Quality
             to
             be
             Gover●or
             of
             
               Dover
               Castle
            
             ,
             or
             of
             Barwick
             ,
             that
             O●fice
             then
             is
             as
             his
             Pr●fession
             ,
             or
             
               particular
               Calling
            
             ;
             because
             it
             is
             to
             be
             supposed
             ,
             he
             is
             to
             continue
             in
             that
             imploymen●
             ,
             and
             to
             attend
             the
             same
             until
             the
             Kings
             pleasure
             be
             further
             known
             therein
             :
             but
             if
             the
             King
             upon
             some
             sudden
             
               I
               s●rrection
            
             and
             Invasion
             should
             raise
             an
             Army
             ,
             and
             make
             choice
             of
             some
             person
             of
             like
             Quality
             to
             have
             the
             Conduct
             thereof
             ,
             for
             the
             S●p●●essing
             or
             Repelling
             such
             Insurrection
             or
             Invasio●
             ,
             his
             Imployment
             in
             that
             service
             being
             but
             temporary
             ,
             and
             to
             determine
             as
             soon
             as
             the
             business
             were
             ended
             ,
             should
             not
             otherwise
             than
             in
             courtesie
             denominate
             him
             a
             General
             ;
             or
             at
             least
             not
             be
             esteemed
             as
             his
             permanent
             
             profession
             ,
             but
             only
             as
             a
             
               transient
               Office
            
             ;
             This
             is
             one
             Case
             .
          
           
             The
             other
             Case
             (
             which
             is
             more
             pertinent
             to
             the
             business
             of
             these
             Letters
             )
             is
             of
             such
             as
             desire
             to
             
               imploy
               themselves
            
             in
             the
             exercise
             of
             Arms
             in
             
               Forein
               Service
            
             ,
             that
             they
             may
             attain
             to
             such
             knowledg
             or
             experience
             in
             the
             
               Art
               Military
            
             ,
             as
             might
             the
             better
             enable
             them
             to
             do
             their
             King
             and
             Countrey
             Service
             ,
             whensoever
             there
             should
             be
             need
             thereof
             ;
             for
             since
             the
             Managery
             of
             War
             is
             long
             since
             grown
             into
             an
             Art
             ,
             and
             that
             not
             to
             be
             learned
             from
             Books
             ,
             or
             from
             
               private
               study
            
             ;
             but
             to
             be
             acquired
             by
             much
             practice
             and
             experience
             ,
             and
             diligent
             observation
             :
             and
             the
             rather
             for
             that
             the
             particular
             Rules
             of
             that
             Art
             ,
             do
             not
             stand
             at
             such
             a
             certain
             stay
             as
             those
             of
             most
             other
             Arts
             do
             ,
             but
             are
             daily
             altered
             and
             improved
             by
             new
             Inventions
             :
             It
             is
             very
             necessary
             for
             every
             State
             to
             be
             well
             provided
             of
             a
             good
             number
             of
             such
             persons
             of
             their
             own
             Nation
             ,
             as
             should
             be
             expert
             and
             skilful
             in
             that
             Art
             ;
             lest
             they
             should
             be
             forced
             ,
             if
             an
             unexpected
             War
             should
             happen
             ,
             to
             call
             in
             Foreiners
             for
             assistance
             ,
             which
             is
             both
             dishonourable
             and
             dangerous
             :
             the
             necessity
             hereof
             too
             well
             appeareth
             by
             the
             evil
             consequents
             of
             the
             neglect
             of
             it
             in
             
             this
             Nation
             in
             these
             
               latter
               times
            
             ,
             especially
             in
             the
             Reigns
             of
             the
             
               two
               last
               Kings
            
             ,
             by
             reason
             of
             the
             
               long
               Peace
            
             ;
             and
             (
             which
             commonly
             breedeth
             out
             of
             it
             as
             the
             rust
             and
             canker
             thereof
             )
             tenderness
             of
             Education
             and
             voluptuous
             living
             .
             The
             Nobility
             and
             Gentry
             of
             England
             ,
             in
             the
             generality
             of
             them
             ,
             had
             so
             much
             degenerated
             from
             the
             
               Martial
               Prowess
            
             of
             their
             Ancestors
             renowned
             in
             all
             Histories
             ,
             than
             in
             the
             beginning
             of
             these
             
               unnatural
               Wars
            
             ,
             there
             were
             very
             f●w
             to
             be
             found
             of
             our
             own
             No●ility
             and
             Gentry
             ,
             fit
             to
             have
             Command
             in
             an
             Army
             ,
             or
             that
             knew
             any
             thing
             belonging
             to
             the
             Art
             of
             War
             ;
             insomuch
             as
             use
             was
             made
             on
             both
             sides
             of
             
               Mercenary
               Men
            
             ,
             and
             most
             of
             them
             Scots
             ,
             who
             being
             for
             the
             most
             part
             bred
             up
             abroad
             (
             in
             France
             especially
             ,
             a
             place
             of
             much
             action
             )
             had
             learned
             experience
             more
             than
             our
             English
             had
             in
             such
             matters
             ,
             by
             which
             advan●age
             they
             had
             so
             wound
             themselves
             in●o
             the
             
               chief
               Places
               of
               Command
            
             ,
             and
             had
             such
             an
             influence
             into
             the
             Coun●ils
             of
             both
             sides
             ,
             ●●at
             the
             War
             was
             in
             a
             manner
             wholly
             ordered
             ●y
             their
             directions
             ,
             witness
             the
             great
             power
             ●hat
             
               Ruthen
               ,
               V●rey
               ,
               King
               ,
               Meldram
               ,
            
             &c.
             ●ad
             in
             the
             Armies
             on
             either
             side
             .
          
           
             8.
             
             The
             weightiness
             then
             of
             
               Princes
               Af●airs
            
             ,
             upon
             all
             
               emergent
               occasions
            
             ,
             rendring
             it
             
             necessary
             for
             them
             ,
             not
             only
             to
             have
             Power
             to
             command
             their
             Subjects
             of
             whatsoever
             Rank
             or
             Profession
             to
             serve
             as
             Souldiers
             in
             their
             Wars
             ;
             but
             also
             to
             provide
             aforehand
             for
             a
             supply
             of
             
               able
               Men
            
             ,
             both
             for
             places
             of
             Command
             ,
             and
             to
             execute
             other
             parts
             of
             that
             service
             ,
             which
             cannot
             be
             done
             ,
             unless
             a
             considerable
             number
             of
             persons
             be
             trained
             up
             in
             the
             exercise
             of
             Armes
             ,
             and
             bred
             Souldiers
             :
             It
             is
             consequently
             necessary
             ,
             that
             some
             persons
             be
             ,
             either
             by
             their
             Authority
             appointed
             ,
             or
             at
             least
             by
             their
             permission
             allowed
             to
             addict
             themselves
             to
             a
             
               Military
               course
               of
               life
            
             ,
             as
             their
             proper
             Profession
             and
             Calling
             ,
             which
             Authority
             or
             Permission
             from
             their
             So●ereign
             ,
             will
             sufficiently
             warrant
             to
             their
             Conscience
             the
             choice
             of
             that
             Profession
             ;
             supposing
             (
             as
             now
             we
             do
             )
             that
             the
             intention
             be
             right
             ,
             the
             person
             meetly
             qualified
             ,
             and
             all
             other
             Cautions
             in
             respect
             of
             the
             
               matter
               ,
               manner
               ,
               circumstances
            
             ,
             and
             otherwise
             ,
             duly
             observed
             .
          
           
             9.
             
             The
             necessity
             of
             learning
             this
             Art
             granted
             ,
             there
             may
             sometimes
             follow
             a
             further
             necessity
             ,
             viz.
             of
             learning
             it
             abroad
             ;
             and
             after
             it
             is
             learned
             ,
             of
             exercising
             it
             abroad
             ;
             and
             in
             
               Foreign
               service
            
             ,
             and
             that
             in
             these
             two
             Cases
             :
             First
             ,
             when
             the
             Souldiers
             own
             Country
             ,
             whereunto
             his
             service
             is
             principally
             ,
             and
             
             in
             the
             first
             place
             due
             ,
             hath
             either
             the
             happiness
             to
             be
             in
             a
             
               setled
               Peace
            
             and
             Freedom
             ,
             under
             the
             Government
             of
             a
             
               lawful
               Sovereign
            
             ;
             or
             the
             unhappiness
             to
             be
             in
             such
             servitude
             ,
             through
             the
             prevalency
             of
             an
             
               Vsurping
               Power
            
             ,
             that
             no
             Resistance
             can
             be
             made
             there
             against
             ;
             for
             in
             the
             former
             Case
             ,
             there
             is
             no
             exercise
             at
             all
             of
             the
             
               Souldiers
               faculty
            
             in
             earnest
             ;
             and
             of
             what
             little
             avail
             to
             the
             attaining
             of
             any
             
               solid
               knowledg
            
             ,
             or
             experience
             in
             the
             
               Art
               Military
            
             ,
             such
             superficial
             trainings
             ,
             as
             were
             used
             (
             and
             those
             but
             very
             seldom
             neither
             )
             by
             the
             Lieutenants
             of
             the
             several
             Counties
             here
             in
             England
             ,
             with
             the
             
               Countrey
               Captains
            
             and
             Muster-Masters
             are
             (
             besides
             that
             ,
             our
             own
             reason
             will
             tell
             us
             )
             the
             Rawness
             and
             Vnserviceableness
             of
             our
             Trained-Bands
             in
             the
             beginning
             of
             the
             
               late
               Wars
            
             did
             abundantly
             manifest
             :
             and
             in
             the
             latter
             Case
             ,
             the
             Souldier
             ,
             if
             he
             will
             have
             Imployment
             at
             home
             ,
             must
             either
             engage
             on
             the
             b●half
             of
             an
             
               unjust
               Power
            
             ,
             or
             else
             run
             upon
             his
             own
             certain
             destruction
             to
             no
             purpose
             .
          
        
         
           
           
             IV.
             Consideration
             of
             the
             condition
             of
             the
             Person
             .
          
           
             1.
             
             THis
             must
             be
             considered
             too
             ;
             for
             the
             different
             conditions
             of
             persons
             ,
             may
             make
             a
             great
             difference
             in
             the
             lawfulness
             or
             unlawfulness
             of
             their
             actions
             ,
             according
             to
             the
             
               old
               saying
            
             ,
             which
             holdeth
             true
             in
             this
             sense
             also
             ,
             no
             less
             than
             in
             
               that
               other
            
             ,
             in
             which
             it
             is
             commonly
             used
             (
             relating
             to
             mens
             corrupt
             partialities
             ,
             
               Duo
               cum
               faciunt
               idem
               ,
               non
               est
               idem
               .
            
             In
             your
             Friends
             second
             Letter
             ,
             I
             find
             a
             demand
             made
             (
             as
             in
             the
             way
             of
             Reply
             to
             some
             passage
             of
             your
             Answer
             to
             his
             first
             Letter
             )
             to
             this
             purpose
             ;
             Suppose
             
               two
               great
               Princes
            
             (
             as
             France
             and
             Spain
             ,
             for
             instance
             )
             have
             had
             
               long
               Wars
            
             together
             ,
             and
             the
             justice
             of
             the
             Cause
             appear
             neither
             more
             nor
             less
             ,
             on
             the
             
               one
               side
            
             ,
             than
             the
             other
             ;
             if
             in
             case
             a
             
               third
               Prince
            
             ,
             or
             State
             ,
             out
             of
             a
             sincere
             desire
             to
             Establish
             the
             Peace
             of
             Christendom
             ,
             after
             other
             offers
             and
             meditations
             for
             that
             purpose
             made
             in
             vain
             ,
             might
             lawfully
             joyn
             in
             Arms
             with
             the
             
               one
               party
            
             to
             force
             the
             other
             to
             Peace
             ,
             why
             a
             
               private
               person
            
             might
             not
             as
             lawfully
             (
             having
             the
             same
             intention
             )
             enter
             into
             Arms
             
             for
             the
             same
             purpose
             ;
             and
             the
             reason
             of
             demand
             thereof
             is
             ,
             because
             every
             Prince
             or
             State
             is
             (
             in
             relation
             to
             other
             Princes
             and
             States
             )
             but
             as
             one
             
               private
               man
            
             to
             another
             ;
             for
             being
             called
             to
             the
             Regiment
             of
             his
             
               own
               people
            
             only
             ,
             he
             is
             but
             as
             a
             
               private
               man
            
             in
             
               Aliena
               Republica
            
             .
          
           
             2.
             
             But
             that
             there
             is
             a
             great
             difference
             between
             a
             
               Sovereign
               Prince
            
             and
             a
             
               private
               Person
            
             in
             this
             affair
             ,
             it
             cannot
             be
             denied
             ;
             insomuch
             that
             I
             find
             in
             the
             very
             same
             passage
             (
             put
             in
             as
             it
             were
             by
             way
             of
             O●jection
             )
             three
             very
             considerable
             differences
             .
             First
             ,
             That
             Princes
             may
             ,
             and
             sometimes
             are
             obliged
             by
             Articles
             and
             Covenants
             ,
             for
             the
             defence
             of
             their
             Allies
             ,
             to
             take
             up
             Arms
             ,
             which
             cannot
             be
             the
             case
             of
             
               private
               Men.
            
             Secondly
             ,
             That
             Princes
             may
             see
             cause
             to
             set
             in
             for
             their
             own
             safety
             and
             interest
             ,
             lest
             the
             
               prevailing
               Party
            
             might
             grow
             
               too
               Potent
            
             ,
             and
             so
             themselves
             might
             be
             oppressed
             by
             him
             .
             Thirdly
             ,
             there
             is
             a
             greater
             probability
             in
             a
             Prince
             of
             compa●sing
             that
             Noble
             and
             Glorious
             end
             ,
             
               The
               Peace
               of
               Christendom
            
             ,
             than
             can
             be
             in
             a
             
               private
               Man.
            
             All
             these
             differences
             are
             allowed
             there
             as
             true
             ;
             but
             yet
             excepted
             against
             ,
             as
             not
             contributing
             any
             thing
             to
             the
             justice
             of
             the
             cause
             ,
             which
             is
             here
             the
             Question
             .
          
           
           
             If
             these
             do
             not
             ,
             yet
             a
             
               Fourth
               difference
            
             there
             is
             ,
             that
             will
             (
             as
             I
             conceive
             )
             manifestly
             contribute
             thereunto
             ,
             to
             wit
             ,
             that
             
               Ius
               Belli
            
             ,
             is
             
               Penes
               Principem
               solum
            
             :
             in
             the
             business
             of
             War
             ,
             Princes
             have
             a
             
               judicial
               ,
               private
               Men
            
             an
             
               executive
               power
            
             only
             ;
             and
             he
             that
             hath
             no
             power
             but
             to
             execute
             the
             sentence
             of
             a
             Judge
             ,
             is
             bound
             to
             wait
             the
             
               Iudges
               Sentence
            
             before
             he
             offer
             to
             act
             ;
             otherwise
             he
             shall
             act
             beyond
             his
             lawful
             power
             ,
             which
             is
             unjust
             :
             Not
             but
             that
             Prince
             ,
             if
             he
             raise
             a
             War
             where
             he
             ought
             not
             ,
             is
             unjust
             too
             ;
             even
             as
             a
             Judge
             is
             unjust
             ,
             which
             pronounceth
             a
             
               wrong
               sentence
            
             :
             but
             herein
             is
             the
             difference
             between
             them
             ●or
             taking
             up
             of
             Arms.
             The
             Prince
             having
             
               jus
               agendi
            
             in
             that
             behalf
             ,
             may
             do
             it
             justly
             ,
             and
             he
             may
             do
             it
             unjustly
             ;
             yet
             where
             he
             doth
             it
             unjustly
             ,
             he
             doth
             but
             
               abuti
               jure
               suo
            
             :
             but
             the
             
               private
               person
            
             ,
             not
             having
             
               jus
               agendi
            
             ,
             in
             that
             respect
             cannot
             (
             without
             the
             Authority
             of
             the
             Sovereign
             )
             do
             it
             otherwise
             than
             unjustly
             ;
             because
             in
             so
             doing
             ,
             he
             doth
             without
             leave
             
               uti
               jure
               alieno
            
             ,
             which
             is
             alwaies
             unjust
             .
             It
             is
             one
             thing
             for
             a
             Man
             to
             use
             (
             whether
             well
             or
             ill
             )
             a
             power
             that
             of
             right
             belongeth
             
               not
               to
               him
            
             ;
             the
             one
             is
             not
             unjust
             ,
             unless
             he
             abuse
             his
             Power
             ,
             the
             
               other
               is
            
             ,
             if
             he
             use
             it
             at
             all
             .
          
           
           
             4.
             
             Neither
             perhaps
             will
             the
             Reason
             alledged
             to
             the
             contrary
             (
             viz.
             that
             a
             Prince
             in
             point
             of
             Justice
             and
             Power
             ,
             is
             in
             
               Aliena
               republica
            
             ,
             but
             as
             a
             
               private
               person
            
             )
             bear
             so
             much
             weight
             as
             is
             laid
             upon
             it
             ,
             if
             one
             Point
             be
             well
             considered
             ,
             which
             I
             think
             will
             prove
             a
             truth
             ,
             though
             it
             be
             very
             tenderly
             handled
             ;
             otherwise
             it
             may
             prove
             very
             dangerous
             ,
             both
             because
             it
             may
             seem
             a
             Paradox
             to
             those
             that
             have
             been
             little
             conversant
             in
             publick
             Affairs
             ;
             as
             also
             ,
             and
             especially
             ,
             because
             it
             may
             ,
             by
             racking
             it
             too
             high
             ,
             be
             easily
             wrested
             to
             a
             mischievous
             construction
             ,
             for
             the
             Patronage
             of
             any
             
               Tyrannical
               action
            
             ;
             the
             point
             is
             this
             ,
             that
             
               justitia
               politica
            
             ,
             and
             
               Iustitia
               privata
            
             ,
             have
             not
             in
             all
             the
             same
             adequate
             measure
             .
             Princes
             are
             bound
             to
             be
             just
             ,
             as
             well
             as
             the
             
               meanest
               private
               men
            
             are
             ,
             and
             obliged
             to
             keep
             Faith
             both
             with
             Friends
             and
             Enemies
             ,
             every
             whit
             as
             exactly
             and
             punctually
             ,
             without
             
               equivocation
               ,
               reservation
            
             ,
             or
             other
             
               eluding
               devices
            
             ,
             as
             they
             ;
             of
             all
             this
             no
             man
             doubteth
             :
             but
             it
             is
             not
             therefore
             necessary
             ,
             that
             the
             Rules
             of
             Iustice
             ,
             whereby
             the
             Councils
             and
             Actions
             of
             Princes
             and
             States
             ,
             in
             their
             mutual
             Relations
             are
             to
             be
             measured
             ,
             should
             be
             precisely
             
               the
               same
            
             with
             those
             which
             measure
             the
             dealings
             of
             Private
             men
             one
             with
             another
             .
          
           
           
             5.
             
             And
             the
             reason
             of
             the
             difference
             is
             evident
             :
             private
             Mens
             Controversies
             may
             be
             decided
             ,
             and
             their
             
               Injuries
               repressed
            
             or
             punished
             ,
             by
             the
             positive
             Laws
             of
             the
             State
             ,
             whereof
             they
             are
             Members
             ;
             and
             consequently
             subject
             to
             be
             ordered
             in
             all
             their
             dealings
             by
             those
             Laws
             ;
             which
             
               positive
               Laws
            
             (
             together
             with
             the
             Law
             of
             Nature
             ,
             and
             the
             
               Divine
               Law
            
             ,
             which
             are
             common
             to
             all
             Men
             )
             are
             the
             
               adequate
               Rule
            
             ,
             whereby
             the
             Iustice
             of
             
               private
               Persons
            
             ,
             and
             of
             their
             actions
             ,
             is
             to
             be
             measured
             ;
             but
             since
             Princes
             and
             States
             are
             not
             subject
             to
             any
             such
             
               positive
               Laws
            
             common
             to
             them
             both
             ,
             as
             may
             determine
             their
             Differences
             and
             Controversies
             :
             The
             great
             necessity
             of
             
               Humane
               Affairs
            
             ,
             hath
             (
             for
             the
             good
             of
             Mankind
             in
             the
             pr●serv●tion
             of
             Peace
             )
             introduced
             by
             the
             common
             consent
             of
             Nations
             ,
             another
             Law
             of
             larger
             extent
             ,
             that
             which
             we
             p●culiarly
             call
             
               Iu●
               Gentium
            
             ,
             or
             the
             
               Law
               of
               Nations
            
             (
             whereof
             that
             which
             we
             call
             the
             
               Law
               of
               Armes
            
             ,
             is
             one
             special
             part
             )
             by
             which
             the
             
               Law
               of
               Nations
            
             (
             together
             with
             the
             
               Law
               of
               Nature
            
             ,
             and
             the
             
               Divine
               Law
            
             ,
             as
             aforesaid
             )
             the
             Iustice
             of
             Princes
             and
             States
             ,
             and
             of
             their
             Actions
             ,
             is
             as
             by
             the
             proper
             adequate
             Rule
             thereof
             to
             be
             measured
             .
             Whence
             it
             cometh
             to
             pass
             ,
             that
             sundry
             things
             are
             by
             
             the
             Rules
             of
             
               Politique
               Iustice
            
             allowed
             as
             lawful
             and
             just
             between
             Princes
             ,
             which
             between
             
               private
               men
            
             ,
             would
             by
             the
             Rules
             of
             meer
             
               moral
               Iustice
            
             ,
             be
             condemned
             (
             and
             that
             deservedly
             too
             )
             as
             unjust
             and
             unlawful
             :
             There
             are
             sundry
             
               Arcana
               Imperii
            
             ,
             some
             arts
             and
             simulations
             for
             maintaining
             
               Intelligence
               abroad
            
             for
             concealing
             and
             disguising
             
               Councils
               at
               home
            
             ,
             in
             the
             Instructions
             of
             Embassadors
             and
             managing
             of
             Embassies
             ,
             in
             making
             Alliances
             and
             Confederacies
             ,
             but
             especially
             in
             the
             pursuance
             and
             effects
             of
             War
             ,
             which
             seem
             much
             to
             swerve
             from
             the
             ordinary
             Precepts
             of
             
               moral
               Iustice
            
             ;
             which
             yet
             
               side
               integrâ
               &
               circa
               dolum
               malum
            
             )
             are
             by
             the
             consent
             of
             Nations
             allowed
             to
             be
             used
             ,
             and
             so
             must
             be
             ,
             or
             else
             there
             could
             be
             no
             secure
             living
             in
             the
             world
             in
             any
             Society
             ,
             that
             saying
             of
             his
             
               A●que
               ipsa
               utilitas
               justi
               prope
               ma●er
               &
               aequi
               ,
            
             had
             somewhat
             of
             truth
             and
             reason
             in
             it
             .
          
           
             6.
             
             The
             truth
             and
             reasonableness
             of
             what
             hath
             been
             said
             will
             appear
             (
             omitting
             many
             other
             )
             in
             these
             few
             Instances
             .
             First
             ,
             when
             a
             Town
             is
             taken
             by
             the
             Enemy
             ,
             by
             the
             
               Law
               of
               Nations
            
             ,
             the
             spoil
             thereof
             falleth
             to
             the
             Conqueror
             ,
             which
             if
             he
             give
             to
             the
             Souldiery
             to
             plunder
             (
             as
             usually
             is
             done
             )
             every
             Souldier
             thereby
             acquireth
             a
             
               just
               Right
            
             and
             Dominion
             
             in
             that
             which
             he
             can
             lay
             his
             hand
             on
             first
             ,
             and
             take
             into
             his
             Possession
             .
             Secondly
             ,
             It
             may
             sometimes
             concern
             a
             Prince
             or
             State
             in
             point
             of
             Honour
             or
             Safety
             to
             vindicate
             himself
             by
             War
             ,
             for
             some
             wrong
             offered
             to
             his
             Merchants
             ,
             or
             for
             some
             Rudeness
             or
             Incivilities
             done
             to
             his
             Embassador
             (
             for
             even
             these
             ,
             in
             case
             Reparation
             be
             demanded
             and
             denyed
             ,
             have
             been
             ever
             held
             
               just
               causes
            
             of
             War
             ;
             (
             as
             Amphitruo
             in
             Plautus
             rendereth
             that
             as
             a
             sufficient
             reason
             of
             his
             War
             ,
             
               Nimis
               ferociter
               legatos
               nostros
               increpant
            
             )
             in
             this
             case
             it
             is
             by
             the
             
               Law
               of
               Nations
            
             allowed
             him
             ,
             not
             only
             to
             fight
             against
             the
             Prince
             himself
             ,
             who
             yet
             on●y
             did
             the
             wrong
             ,
             but
             to
             waste
             his
             
               Country
               ,
               fire
            
             his
             Towns
             and
             Villages
             ,
             and
             spoil
             thousands
             of
             his
             
               innocent
               Subjects
            
             of
             their
             fortunes
             and
             lives
             in
             pursuance
             of
             his
             
               just
               revenge
            
             ;
             but
             if
             a
             
               private
               Gentleman
            
             w●onged
             by
             his
             Neighbour
             should
             in
             like
             manner
             ,
             in
             revenge
             of
             that
             
               wrong
               ,
               beat
            
             his
             
               Servants
               ,
               vex
            
             his
             Tenants
             ,
             and
             seek
             his
             or
             their
             undoing
             ,
             the
             act
             were
             palpably
             most
             unchristian
             and
             
               unjust
               .
               Thirdly
            
             ,
             Since
             
               potent
               Princes
            
             ,
             have
             for
             the
             most
             part
             ,
             great
             Ambitions
             ,
             (
             and
             Ambition
             is
             a
             boundless
             lust
             )
             it
             behoveth
             a
             Prince
             for
             his
             
               own
               safety
            
             ,
             to
             have
             a
             watchful
             eye
             over
             the
             Motions
             and
             Desi●ns
             of
             a
             
               potent
               Neighbour
            
             ,
             almost
             as
             
             much
             as
             of
             a
             
               declared
               Enemy
            
             ;
             and
             therefore
             
               wise
               Princes
            
             have
             ever
             been
             careful
             by
             all
             
               just
               means
            
             to
             ballance
             their
             
               neighbour
               Princes
            
             and
             States
             as
             near
             as
             they
             could
             ;
             in
             such
             a
             proportion
             as
             might
             hinder
             the
             over-growth
             of
             any
             one
             above
             the
             rest
             :
             In
             order
             whereunto
             it
             hath
             been
             held
             lawful
             for
             a
             Prince
             ,
             laying
             aside
             the
             consideration
             of
             the
             cause
             ,
             to
             joyn
             in
             Armes
             with
             the
             weaker
             ,
             for
             his
             assistance
             against
             his
             
               Potent
               Adversary
            
             ,
             who
             else
             were
             likely
             in
             a
             short
             time
             to
             swallow
             him
             up
             ,
             whereby
             he
             should
             become
             formidable
             and
             dangerous
             ,
             as
             well
             to
             himself
             as
             to
             the
             other
             his
             
               neighbour
               P●inces
            
             and
             States
             ;
             upon
             which
             account
             alon●
             ,
             were
             there
             no
             other
             reason
             besides
             ,
             it
             would
             be
             as
             just
             for
             all
             
               Christian
               Princes
            
             to
             compose
             their
             
               own
               quarrels
            
             ,
             and
             to
             aid
             the
             Venetian
             ,
             and
             
               Hungarian
               ,
               Persian
            
             ,
             or
             Tartar
             ,
             against
             the
             Turk
             ,
             as
             it
             is
             expedient
             and
             honourable
             for
             them
             so
             to
             do
             :
             but
             what
             is
             thus
             allowed
             just
             in
             the
             waging
             of
             War
             between
             Princes
             ;
             if
             in
             a
             wager
             of
             Law
             a
             
               private
               person
            
             should
             attempt
             the
             like
             ,
             viz.
             to
             assist
             with
             his
             purse
             and
             pains
             a
             Poor
             Man
             against
             a
             Rich
             without
             considering
             the
             equity
             of
             the
             Cause
             ,
             the
             Act
             were
             (
             as
             in
             the
             former
             instance
             )
             palpably
             unjust
             and
             unchristian
             :
             Instances
             might
             be
             produced
             many
             more
             to
             
             the
             same
             effect
             were
             it
             needful
             ,
             but
             these
             I
             think
             sufficiently
             ●vidence
             the
             truth
             of
             what
             I
             undertook
             to
             shew
             in
             this
             particular
             .
          
           
             7.
             
             There
             are
             also
             sundry
             other
             circumstances
             considerable
             concerning
             the
             condition
             of
             the
             person
             ,
             which
             may
             render
             the
             same
             
               undertaking
               unlawful
            
             to
             one
             ,
             which
             yet
             may
             be
             lawful
             for
             another
             ,
             or
             more
             or
             less
             expedient
             or
             inexpedient
             for
             one
             than
             for
             another
             ,
             supposing
             both
             
               private
               persons
            
             and
             Subjects
             ;
             as
             namely
             ,
             whether
             he
             be
             a
             person
             of
             Honour
             and
             Estate
             ,
             or
             a
             man
             of
             ordinary
             rank
             and
             fortune
             ;
             whether
             a
             single
             man
             ,
             or
             Married
             ?
             if
             Married
             ,
             whether
             he
             have
             the
             consent
             of
             his
             VVife
             or
             no
             ?
             and
             whether
             such
             consent
             were
             a
             free
             and
             rational
             consent
             in
             the
             Wif●
             ,
             arising
             from
             a
             Judgment
             convinced
             of
             the
             fitness
             of
             the
             undertaking
             ,
             or
             rather
             w●ung
             from
             her
             by
             the
             importunity
             of
             the
             Husband
             ,
             and
             her
             facility
             in
             yielding
             to
             the
             potency
             of
             his
             desires
             therein
             ?
             whether
             the
             necessity
             of
             his
             
               domestical
               Affairs
            
             ,
             and
             
               Oeconomical
               Relations
            
             will
             brook
             his
             absence
             for
             so
             long
             a
             time
             as
             must
             be
             spent
             in
             that
             Imployment
             ;
             or
             will
             not
             rather
             require
             his
             presence
             and
             care
             for
             the
             ma●ager●
             thereof
             in
             the
             mean
             time
             ?
             and
             an
             hundred
             other
             like
             doubts
             and
             difficulties
             meet
             to
             be
             taken
             into
             
             deliberation
             ,
             and
             unprejudicately
             weighed
             against
             those
             other
             probabilities
             and
             inducements
             which
             at
             first
             kindled
             ,
             and
             after
             fomented
             his
             desires
             ,
             before
             he
             imbarque
             himself
             in
             that
             Imployment
             :
             and
             yet
             when
             all
             is
             done
             ,
             it
             were
             safer
             for
             him
             (
             in
             my
             opinion
             )
             to
             forbear
             than
             to
             proceed
             in
             his
             intentions
             ,
             unless
             he
             shall
             be
             assured
             ,
             that
             he
             hath
             the
             
               free
               allowance
            
             of
             his
             Sovereign
             ,
             thereunto
             either
             expressed
             (
             which
             would
             be
             the
             clearest
             warrant
             for
             his
             conscience
             )
             or
             at
             leastwise
             upon
             very
             pregnant
             grounds
             of
             probability
             presumed
             .
          
        
      
       
         
         
           The
           CASE
           of
           SCANDAL
           .
        
         
           1.
           
           IN
           judging
           of
           Cases
           of
           Scandal
           ,
           we
           are
           not
           so
           much
           to
           look
           at
           the
           event
           ,
           what
           that
           is
           ,
           or
           may
           be
           ;
           as
           at
           the
           cause
           whence
           it
           cometh
           ;
           for
           sometimes
           there
           is
           given
           
             just
             cause
          
           of
           Scandal
           ,
           and
           yet
           no
           Scandal
           followeth
           ,
           because
           it
           is
           not
           taken
           :
           sometimes
           Scandal
           is
           taken
           ,
           and
           yet
           no
           
             just
             cause
             given
          
           ;
           and
           sometimes
           there
           is
           both
           cause
           of
           
             Scandal
             given
          
           ,
           and
           Scandal
           thereat
           taken
           :
           but
           no
           man
           is
           concerned
           in
           any
           Scandal
           that
           happeneth
           to
           another
           ,
           by
           occasion
           of
           any
           thing
           done
           by
           him
           ;
           neither
           is
           chargeable
           with
           it
           ,
           farther
           than
           he
           is
           guilty
           of
           having
           
             given
             it
          
           :
           If
           then
           we
           
             give
             Scandal
          
           to
           others
           ,
           and
           they
           take
           it
           not
           ,
           we
           are
           to
           bear
           a
           share
           in
           the
           blame
           as
           well
           as
           they
           ,
           and
           that
           a
           
             deeper
             sha●e
          
           too
           ,
           (
           
             Vae
             homini
             ,
             Wo
             to
             the
             man
             by
             whom
             the
             offence
             cometh
             ,
          
           Matth.
           8.7
           .
           )
           but
           if
           they
           
             take
             Offence
          
           when
           we
           give
           none
           ,
           it
           is
           a
           thing
           we
           cannot
           help
           ,
           therefore
           the
           whole
           blame
           must
           lie
           upon
           them
           ;
           wherefore
           if
           at
           any
           time
           any
           doubt
           shall
           arise
           in
           the
           
             Case
             of
             Scandal
          
           ,
           
           how
           far
           forth
           the
           danger
           thereof
           may
           ,
           or
           
             may
             not
             oblige
             us
          
           to
           the
           doing
           or
           
             not
             doing
          
           any
           thing
           proposed
           ,
           the
           Resolution
           will
           come
           on
           much
           the
           easier
           ;
           if
           we
           shall
           but
           rightly
           understand
           ,
           what
           it
           is
           to
           
             give
             Scandal
          
           ,
           or
           how
           many
           waies
           a
           man
           may
           become
           guilty
           of
           
             scandalizing
             another
          
           by
           his
           example
           .
           The
           waies
           (
           as
           I
           conceive
           )
           are
           but
           these
           four
           .
        
         
           2.
           
           The
           first
           is
           ,
           when
           a
           man
           doth
           something
           before
           another
           man
           ,
           which
           is
           in
           it self
           
             evil
             ,
             unlawful
          
           ,
           and
           sinful
           ;
           in
           which
           Case
           ,
           neither
           the
           intention
           of
           him
           that
           
             doth
             it
          
           ,
           nor
           the
           event
           ,
           as
           to
           him
           that
           seeth
           it
           done
           ,
           is
           of
           any
           consideration
           ;
           for
           it
           mattereth
           not
           whether
           the
           doer
           had
           an
           intention
           to
           draw
           the
           other
           into
           sin
           thereby
           ,
           or
           not
           :
           neither
           doth
           it
           matter
           whether
           the
           other
           were
           thereby
           induced
           to
           commit
           sin
           or
           not
           :
           the
           matter
           or
           substance
           of
           the
           action
           being
           evil
           ,
           and
           done
           before
           others
           ,
           is
           sufficient
           to
           tender
           the
           
             doer
             guilty
          
           of
           having
           
             given
             Scandal
          
           ,
           though
           he
           had
           neither
           any
           intention
           himself
           so
           to
           do
           ;
           nor
           were
           any
           person
           
             actually
             scandalized
          
           thereby
           ;
           because
           whatsoever
           is
           in
           it self
           ,
           and
           in
           its
           own
           nature
           evil
           ,
           is
           also
           of
           it self
           ,
           and
           in
           its
           own
           nature
           scandalous
           ,
           and
           of
           
             evil
             example
          
           .
           Thus
           did
           Hophni
           and
           Phineas
           the
           Sons
           of
           Eli
           ,
           give
           Scandal
           by
           ●heir
           
           
             wretched
             profaneness
          
           and
           greediness
           about
           the
           Sacrifices
           of
           the
           Lord
           ,
           and
           their
           vile
           and
           shameless
           abusing
           the
           Women
           ,
           1
           Sam.
           2.17.22
           .
           And
           so
           did
           David
           also
           give
           great
           Scandal
           in
           the
           matter
           of
           Vriah
           ,
           2
           Sam.
           12.14
           .
           Here
           the
           Rule
           is
           ,
           
             Do
             nothing
             that
             is
             evil
             ,
             for
             fear
             of
             giving
             Scandal
             .
          
        
         
           3.
           
           The
           second
           way
           is
           ,
           when
           a
           man
           doth
           something
           before
           another
           ,
           with
           a
           direct
           intention
           and
           
             formal
             purpose
          
           of
           drawing
           him
           thereby
           to
           commit
           sin
           ;
           in
           which
           Case
           ,
           neither
           the
           matter
           of
           the
           action
           ,
           nor
           the
           event
           is
           of
           any
           consideration
           ,
           for
           it
           maketh
           no
           difference
           (
           as
           to
           the
           sin
           of
           
             giving
             Scandal
          
           )
           whether
           any
           man
           be
           
             effectually
             enticed
          
           thereby
           to
           commit
           sin
           ,
           or
           not
           ;
           neither
           doth
           it
           make
           any
           difference
           ,
           whether
           the
           thing
           done
           were
           in
           it self
           unlawful
           or
           nor
           ,
           so
           as
           it
           had
           but
           an
           appearance
           of
           evil
           ;
           and
           from
           thence
           an
           aptitude
           to
           draw
           another
           to
           do
           that
           (
           by
           imitation
           )
           which
           should
           be
           really
           and
           
             intri●secally
             evil
          
           ,
           the
           
             wicked
             intention
          
           alone
           ,
           (
           whatsoever
           the
           effect
           should
           be
           ,
           or
           means
           soever
           should
           be
           used
           to
           promote
           it
           )
           sufficeth
           to
           induce
           the
           guilt
           of
           
             giving
             Sca●dal
          
           upon
           the
           doer
           :
           This
           was
           
           Ieroboam's
           ●in
           ,
           in
           setting
           up
           the
           Calves
           with
           a
           
             formal
             purpose
          
           and
           intention
           thereby
           (
           for
           his
           own
           secular
           
           and
           ambitious
           ends
           )
           to
           corrupt
           the
           purity
           of
           Religion
           ,
           and
           to
           draw
           the
           people
           to
           an
           
             Idolatrous
             Worship
          
           ,
           for
           which
           cause
           he
           is
           so
           often
           stigmatized
           with
           it
           ,
           as
           with
           a
           note
           of
           Infamy
           ,
           to
           stick
           by
           him
           whilst
           the
           
             World
             lasteth
          
           ,
           being
           scarce
           ever
           mentioned
           but
           with
           this
           addition
           ,
           
             Ieroboam
             the
             son
             of
          
           Nebat
           
             that
             made
          
           Israel
           
             to
             sin
          
           .
           Here
           the
           Rule
           is
           ,
           
             Do
             nothing
             (
             good
             or
             evil
             )
             with
             an
             intention
             to
             give
             Scandal
             .
          
        
         
           4.
           
           The
           
             third
             way
          
           is
           ,
           when
           a
           Man
           doth
           something
           before
           another
           ,
           which
           in
           it self
           is
           not
           evil
           ,
           but
           indifferent
           ,
           and
           so
           according
           to
           the
           Rule
           of
           
             Christian
             Liberty
             ,
             lawful
          
           for
           him
           to
           do
           ,
           or
           not
           to
           do
           ,
           as
           he
           shall
           see
           cause
           (
           yea
           ,
           and
           perhaps
           otherwise
           commodious
           and
           convenien
           :
           for
           him
           to
           do
           )
           yet
           whereat
           he
           probably
           foreseeth
           the
           other
           will
           
             take
             Scandal
          
           ,
           and
           be
           occasioned
           thereby
           to
           do
           evil
           .
           In
           such
           Case
           ,
           if
           the
           thing
           to
           be
           done
           ,
           be
           not
           in
           some
           degree
           (
           at
           least
           prudentially
           )
           necessary
           for
           him
           to
           do
           ;
           but
           that
           he
           might
           ,
           without
           
             great
             inconvenience
          
           and
           prejudice
           to
           him●elf
           ,
           and
           any
           
             third
             person
          
           ,
           leave
           it
           undone
           ,
           he
           ●s
           bound
           in
           Charity
           and
           Compassion
           to
           his
           
             Brothers
             Soul
          
           ,
           (
           for
           whom
           Christ
           died
           )
           ●nd
           for
           the
           avoiding
           of
           Scandal
           to
           
           abridge
           ●imself
           in
           the
           exercise
           of
           his
           
             Christian
             Liberty
          
           
           for
           that
           time
           so
           far
           ,
           as
           rather
           to
           suffer
           some
           inconvenience
           himself
           by
           the
           not
           doing
           of
           it
           ,
           than
           by
           doing
           of
           it
           to
           cause
           his
           Brother
           to
           offend
           ;
           the
           very
           Case
           which
           is
           so
           often
           ,
           and
           so
           largely
           ,
           and
           so
           earnestly
           insisted
           upon
           by
           St.
           
             Paul
             ,
             Rom.
          
           14.13
           ,
           21.
           and
           15.1
           ,
           3.
           1
           
           Cor.
           8.7
           ,
           13.
           and
           9.12
           ,
           22.
           and
           10.23
           ,
           33.
           
           Here
           the
           Rule
           is
           ,
           
             Do
             nothing
             that
             ma●
             be
             reasonably
             forborn
             ,
             whereat
             it
             is
             like
             Scandal
             will
             be
             taken
             .
          
        
         
           5.
           
           The
           
             last
             way
          
           is
           ,
           when
           a
           man
           doth
           something
           before
           another
           ,
           which
           is
           not
           only
           lawful
           ,
           but
           (
           according
           to
           the
           exegencies
           of
           present
           circumstances
           
             pro
             hic
             &
             nunc
          
           )
           very
           behoveful
           ,
           and
           in
           some
           sort
           (
           prudentially
           )
           necessary
           for
           him
           to
           do
           ;
           but
           foreseeth
           in
           the
           beholder
           a
           propension
           to
           make
           an
           
             ill
             use
          
           of
           it
           and
           to
           take
           encouragement
           thereby
           to
           
             commit
             sin
          
           ;
           if
           there
           be
           not
           withal
           a
           great
           car●
           had
           to
           prevent
           ,
           as
           much
           as
           is
           possible
           ,
           th●
           Scandal
           that
           might
           be
           taken
           thereat
           :
           for
           
             Qui
             non
             prohibet
             peccare
             ,
             cum
             potest
             jubet
             .
          
           I●
           such
           case
           the
           bare
           neglect
           of
           his
           Brother
           ,
           an●
           not
           using
           his
           utmost
           endeavour
           to
           pr●ve●●
           the
           evil
           that
           might
           ensue
           ,
           making
           him
           guilty
           upon
           which
           Consideration
           standeth
           th●
           equity
           of
           the
           
             Iudicial
             Law
          
           given
           to
           the
           
             Iew●
             Exod.
          
           21.33
           ,
           34.
           which
           ordereth
           ,
           that
           i●
           
           case
           a
           man
           dig
           a
           Pit
           or
           Well
           for
           the
           use
           of
           his
           Family
           ,
           and
           (
           looking
           no
           farther
           than
           his
           own
           conveniency
           )
           put
           no
           cover
           on
           it
           ,
           but
           leave
           it
           open
           ,
           whereby
           it
           happeneth
           his
           Neighbours
           Beast
           to
           fall
           therein
           ,
           and
           perish
           ,
           the
           owner
           of
           the
           Pit
           is
           to
           make
           it
           good
           ,
           inasmuch
           as
           he
           was
           the
           occasioner
           of
           that
           loss
           unto
           his
           neighbour
           ,
           which
           he
           might
           and
           ought
           to
           have
           prevented
           :
           In
           this
           last
           Case
           the
           thing
           is
           not
           (
           for
           the
           danger
           of
           the
           Scandal
           )
           to
           be
           
             left
             undone
          
           ,
           supposing
           it
           (
           as
           we
           now
           do
           )
           otherwise
           behoveful
           to
           be
           done
           ;
           but
           the
           action
           is
           to
           be
           ordered
           ,
           and
           carried
           on
           by
           us
           ,
           for
           the
           manner
           of
           doing
           ,
           and
           in
           all
           Respects
           and
           Circumstances
           thereunto
           belonging
           ,
           with
           so
           much
           
             clearness
             ,
             tenderness
          
           ,
           and
           moderation
           ,
           and
           wisdom
           ,
           that
           so
           many
           as
           are
           willing
           to
           take
           notice
           of
           it
           ,
           may
           be
           satisfied
           that
           there
           was
           on
           our
           part
           a
           reason
           of
           just
           necessity
           that
           the
           thing
           should
           be
           done
           ;
           and
           that
           such
           persons
           as
           would
           be
           willing
           to
           make
           use
           of
           our
           example
           ,
           without
           the
           like
           necessity
           ,
           may
           do
           it
           upon
           their
           own
           score
           ,
           and
           not
           be
           able
           to
           vouch
           our
           practice
           for
           their
           excuse
           ;
           even
           as
           the
           Jew
           that
           stood
           in
           need
           to
           sink
           a
           Pit
           for
           the
           service
           of
           his
           House
           and
           Grounds
           ,
           was
           not
           (
           for
           fear
           his
           Neighbours
           Beasts
           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
           .
           Here
           the
           Rule
           is
           ,
           
             order
             the
             doing
             of
             that
             which
             may
             not
             well
             be
             left
             undone
             ,
             in
             such
             sort
             ,
             that
             no
             Scandal
             may
             ,
             through
             your
             default
             ,
             be
             taken
             thereat
             .
          
        
         
           6.
           
           I
           do
           not
           readily
           remember
           any
           doubt
           that
           can
           occur
           about
           the
           reason
           of
           Scandal
           ,
           which
           may
           not
           be
           brought
           within
           the
           compass
           of
           these
           
             four
             Rules
          
           ;
           and
           then
           the
           right
           applying
           some
           or
           other
           of
           these
           Rules
           ,
           will
           give
           some
           furtherance
           towards
           the
           resolution
           of
           these
           doubts
           .
        
      
       
         
         
           The
           CASE
           of
           a
           BOND
           Taken
           in
           the
           KINGS
           Name
           :
           Proposed
           Iuly
           1658.
           
        
         
           
             R.
             C.
          
           Was
           seized
           in
           Fee
           of
           certain
           Houses
           of
           small
           Value
           ,
           with
           the
           Appurtenances
           ;
           and
           in
           the
           Year
           1635.
           whiles
           Owner
           of
           the
           said
           Houses
           ,
           he
           entreated
           
             A.
             B.
          
           to
           be
           his
           Surety
           for
           
             One
             Hundred
             Pounds
          
           ;
           and
           continued
           the
           same
           at
           Interest
           till
           1639.
           
           At
           which
           time
           he
           requested
           
             A.
             B.
          
           to
           discharge
           that
           Bond
           ,
           and
           in
           consideration
           thereof
           ,
           selleth
           the
           said
           Houses
           to
           
             A.
             B.
          
           and
           his
           Heirs
           for
           ever
           ;
           the
           said
           
             R.
             C.
          
           also
           buyeth
           of
           a
           Merchant
           a
           parcel
           of
           Goods
           ;
           the
           Merchant
           being
           a
           Receiver
           of
           some
           part
           of
           the
           late
           
             Kings
             Revenue
          
           ,
           and
           under
           pretence
           of
           a
           priviledge
           thereby
           ,
           taketh
           a
           Bond
           of
           the
           said
           
             R.
             C.
          
           for
           the
           payment
           of
           
             Two
             Hundred
             pounds
          
           to
           himself
           ,
           but
           in
           the
           Name
           of
           the
           late
           King
           ,
           as
           if
           indebted
           to
           the
           King
           ;
           and
           under
           that
           pretence
           ,
           
           procureth
           an
           extent
           upon
           the
           Houses
           sold
           to
           
             A.
             B.
          
           and
           maketh
           seizure
           thereof
           :
           Was
           
             R.
             C.
          
           seized
           of
           the
           same
           ,
           when
           he
           entred
           into
           that
           Bond.
           
        
         
           The
           said
           King
           ,
           1640.
           published
           a
           Proclamation
           ,
           wherein
           he
           declared
           ,
           That
           the
           taking
           of
           such
           Bonds
           was
           contrary
           to
           
             His
             Intention
          
           ,
           and
           an
           abuse
           of
           his
           Prerogative
           ,
           and
           prohibited
           all
           such
           
             crafty
             Courses
          
           ,
           as
           tending
           to
           the
           Oppression
           of
           his
           Subjects
           ;
           and
           it
           is
           to
           be
           noted
           ,
           that
           the
           said
           Proclamation
           was
           published
           
             two
             years
          
           before
           the
           extent
           was
           executed
           upon
           the
           Houses
           ,
           which
           nevertheless
           have
           been
           held
           under
           that
           extent
           ,
           about
           
             fourteen
             years
          
           ,
           which
           is
           beyond
           the
           value
           of
           the
           Houses
           .
        
         
           The
           said
           
             R.
             C.
          
           died
           poor
           ,
           the
           Merchant
           is
           dead
           also
           ,
           without
           any
           Child
           ,
           leaving
           an
           Estate
           behinde
           him
           of
           
             Twenty
             Thousand
             Pounds
          
           ,
           as
           is
           supposed
           ;
           a
           great
           part
           visible
           in
           Lands
           ,
           as
           appeareth
           by
           his
           
             last
             VVill
          
           upon
           Record
           .
        
         
           Advice
           of
           Council
           at
           Law
           being
           taken
           ,
           how
           the
           said
           
             A.
             B.
          
           may
           be
           most
           
             readily
             relieved
          
           ;
           he
           is
           directed
           to
           Petition
           the
           
             present
             Supreme
             Power
          
           to
           pardon
           the
           Debt
           ,
           because
           taken
           only
           in
           the
           
             Kings
             Name
          
           ,
           when
           there
           is
           no
           Debt
           due
           to
           him
           from
           
             R.
             C.
          
           
        
         
           
           
             As
             to
             the
             Case
             Proposed
             .
          
           
             1.
             
             I
             Am
             clearly
             of
             opinion
             ,
             that
             the
             taking
             of
             Bonds
             in
             the
             
               Kings
               Name
            
             ,
             to
             the
             meer
             behoof
             ,
             and
             for
             the
             advantage
             of
             
               private
               persons
            
             ,
             when
             there
             was
             such
             Debt
             really
             due
             to
             the
             King
             ,
             was
             a
             fraudulent
             and
             
               unjust
               act
            
             from
             the
             beginning
             ;
             for
             though
             it
             were
             not
             
               actually
               forbidden
            
             ,
             and
             so
             might
             perhaps
             be
             valid
             enough
             in
             
               foro
               externo
            
             ,
             till
             the
             issuing
             out
             of
             the
             Kings
             Proclamation
             in
             that
             behalf
             ;
             yet
             was
             it
             in
             point
             of
             Conscience
             unlawful
             before
             ,
             as
             being
             a
             
               crafty
               course
            
             :
             so
             refused
             by
             the
             King
             himself
             ,
             and
             guilty
             of
             a
             
               double
               injustice
            
             ,
             the
             one
             to
             the
             King
             ,
             as
             an
             abuse
             to
             his
             Prerogative
             ;
             the
             other
             to
             the
             Subject
             ,
             as
             tending
             to
             their
             oppression
             ,
             as
             by
             the
             Proclamation
             is
             recited
             ,
             and
             that
             therefore
             .
          
           
             2.
             
             Neither
             might
             the
             Merchant
             ,
             whiles
             he
             lived
             ,
             nor
             ought
             his
             Executors
             ,
             now
             he
             is
             dead
             ,
             to
             make
             advantage
             of
             the
             
               Kings
               Name
            
             used
             in
             that
             Bond
             ;
             nor
             might
             he
             then
             ,
             nor
             may
             they
             now
             ,
             by
             virtue
             of
             the
             
               Kings
               Prerogative
            
             ,
             or
             under
             the
             colour
             thereof
             ,
             for
             the
             recovery
             of
             the
             said
             Debt
             ,
             use
             any
             way
             to
             the
             prejudice
             or
             damage
             of
             the
             Obligee
             ,
             or
             
             of
             any
             Purchaser
             from
             him
             ,
             other
             than
             such
             ,
             as
             he
             or
             they
             might
             have
             used
             ,
             in
             case
             the
             Bond
             had
             been
             taken
             in
             the
             
             Obligee's
             own
             Name
             ,
             and
             not
             in
             the
             Kings
             .
          
           
             3.
             
             If
             any
             Proceedings
             have
             been
             made
             already
             in
             pursuit
             of
             the
             Debt
             ,
             due
             upon
             the
             said
             Bond
             ,
             upon
             no
             other
             ground
             or
             colour
             ,
             than
             the
             Prerogative
             aforesaid
             ,
             whereby
             the
             said
             
               A.
               B.
            
             cometh
             to
             be
             endamaged
             or
             prejudiced
             more
             than
             otherwise
             he
             should
             have
             been
             ;
             that
             the
             Execu●ors
             ought
             to
             make
             him
             some
             considerable
             satisfaction
             for
             the
             same
             ,
             although
             perhaps
             not
             to
             the
             full
             of
             what
             he
             hath
             suffered
             or
             would
             demand
             ;
             yet
             in
             such
             a
             proportion
             ,
             as
             to
             the
             judgment
             of
             indifferent
             persons
             (
             in
             a
             case
             wherein
             both
             parties
             ,
             if
             they
             must
             do
             what
             is
             fitting
             and
             just
             ,
             are
             sure
             to
             be
             losers
             )
             shall
             seem
             reasonable
             ,
             in
             case
             the
             Parties
             cannot
             accord
             it
             between
             themselves
             .
          
           
             4.
             
             Whereof
             ,
             although
             through
             the
             
               corrupt
               partiality
            
             that
             is
             in
             most
             ,
             I
             may
             truly
             say
             ,
             all
             men
             more
             or
             less
             ;
             I
             do
             not
             apprehend
             any
             great
             likelihood
             (
             for
             neither
             part
             would
             ,
             and
             yet
             both
             must
             be
             losers
             )
             yet
             I
             should
             advise
             that
             tryal
             were
             made
             thereof
             in
             the
             first
             place
             ,
             as
             the
             most
             kindly
             
               Christian
               way
            
             of
             growing
             to
             peace
             ,
             if
             parties
             will
             be
             
             perswaded
             to
             meet
             about
             it
             ,
             and
             can
             be
             made
             Masters
             of
             their
             own
             passions
             when
             they
             are
             met
             ;
             and
             surely
             matters
             might
             be
             easily
             brought
             to
             a
             
               handsome
               conclusion
            
             ,
             if
             both
             parties
             ,
             but
             especially
             the
             Executors
             ,
             who
             seem
             to
             have
             the
             advantage
             in
             Law
             ,
             would
             not
             stand
             too
             much
             upon
             whatsoever
             advantage
             they
             may
             seem
             to
             have
             ,
             but
             (
             as
             in
             Conscience
             they
             ought
             )
             submit
             both
             that
             ,
             and
             all
             other
             circumstances
             appertaining
             to
             the
             business
             ,
             and
             indeed
             their
             whole
             
               mutual
               demands
            
             ;
             to
             the
             final
             determination
             of
             that
             
               transcendent
               Law
            
             ,
             which
             Christ
             hath
             established
             as
             the
             only
             
               Royal
               Standard
            
             ,
             whereby
             to
             measure
             the
             equity
             of
             our
             actions
             ,
             in
             all
             our
             dealings
             towards
             others
             ,
             
               viz.
               To
               do
               as
               we
               would
               be
               done
               unto
            
             ;
             or
             which
             cometh
             to
             one
             ,
             
               Not
               to
               do
               that
               to
               another
               ,
               which
               if
               he
               should
               do
               to
               us
            
             (
             supposing
             his
             Case
             was
             ours
             )
             
               we
               should
               think
               our selves
               scarce
               justly
               and
               fairly
               dealt
               withal
               .
            
          
           
             5.
             
             But
             lastly
             ,
             in
             case
             no
             such
             accord
             can
             be
             made
             ,
             either
             by
             
               agreement
               of
               Parties
            
             ,
             or
             
               mediation
               of
               Friends
            
             ,
             and
             that
             through
             the
             only
             default
             and
             stiffness
             of
             the
             
               Executors
               ;
               A.
               B.
            
             having
             by
             all
             fair
             ways
             faithfully
             sought
             and
             endeavoured
             the
             same
             ,
             I
             see
             not
             but
             the
             said
             
               A.
               B.
            
             may
             (
             but
             not
             to
             be
             done
             ,
             but
             as
             
             his
             last
             refuge
             )
             seek
             to
             relieve
             himself
             according
             to
             the
             advice
             of
             his
             Council
             ,
             by
             making
             his
             Addresses
             to
             such
             Person
             or
             Personage
             ,
             as
             for
             the
             time
             being
             shall
             be
             in
             actual
             possession
             of
             the
             
               Supreme
               Power
            
             ,
             and
             so
             in
             a
             capacity
             to
             over-rule
             the
             Law
             in
             a
             Case
             of
             that
             nature
             ,
             by
             forgiving
             that
             Debt
             whereupon
             the
             King
             was
             colourably
             and
             fraudulently
             entituled
             for
             private
             advantage
             ,
             to
             the
             prejudice
             of
             a
             
               third
               person
            
             ,
             but
             was
             not
             at
             all
             a
             debt
             owing
             to
             him
             from
             the
             Obligee
             .
          
           
             
               
                 P.
                 P.
              
               
               
                 17.
                 
                 Iuly
                 ,
                 1658.
                 
              
            
          
        
      
       
         
         
           The
           CASE
           of
           the
           ENGAGEMENT
           .
        
         
           
             SIR
             ,
          
        
         
           I
           Have
           hitherto
           been
           very
           sparing
           in
           delivering
           my
           opinion
           concerning
           the
           point
           now
           most
           in
           agitation
           ,
           
             viz.
             Of
             the
             lawfulness
             or
             unlawfulness
             of
             Subscribing
             the
             Engagement
             :
          
           considering
           the
           mischiefs
           that
           must
           needs
           have
           followed
           ,
           if
           it
           should
           be
           once
           noised
           abroad
           ,
           that
           I
           had
           given
           forth
           any
           determination
           in
           so
           tickle
           a
           point
           .
           I
           could
           not
           but
           foresee
           on
           the
           one
           side
           ,
           if
           I
           should
           condemn
           it
           as
           utterly
           unlawful
           ,
           how
           I
           should
           be
           looked
           upon
           by
           those
           that
           have
           all
           power
           in
           their
           hands
           ,
           not
           as
           a
           refuser
           only
           ,
           but
           a
           disswader
           also
           of
           what
           they
           have
           thought
           fit
           to
           require
           :
           And
           on
           the
           other
           side
           ,
           if
           I
           should
           allow
           it
           in
           any
           case
           lawful
           ,
           what
           ill
           use
           would
           certainly
           be
           made
           thereof
           by
           multitudes
           of
           people
           ,
           apt
           to
           be
           so
           far
           scandalized
           thereby
           ,
           as
           either
           to
           swallow
           it
           whole
           without
           chewing
           ,
           (
           that
           is
           ,
           resting
           themselves
           upon
           the
           general
           determination
           of
           the
           lawfulness
           to
           take
           it
           in
           hand
           over
           head
           ,
           without
           due
           consideration
           ,
           
           either
           of
           the
           true
           meaning
           of
           it
           ,
           or
           of
           other
           requisite
           cautions
           and
           circumstances
           )
           or
           else
           to
           conceive
           themselves
           by
           so
           engaging
           ,
           to
           be
           for
           ever
           discharged
           from
           the
           bond
           of
           their
           former
           Allegiance
           .
        
         
           Yet
           since
           by
           your
           Letter
           ,
           and
           by
           sending
           your
           servant
           therewith
           on
           purpose
           so
           many
           daies
           journey
           ,
           through
           unknown
           waies
           ,
           and
           at
           this
           season
           of
           the
           year
           (
           especially
           as
           the
           weather
           hath
           proved
           since
           his
           coming
           forth
           )
           scarce
           passable
           ,
           you
           have
           shewn
           your
           earnest
           desire
           to
           understand
           what
           my
           opinion
           is
           in
           this
           point
           ;
           so
           great
           ,
           both
           for
           difficulty
           and
           concernment
           ;
           I
           could
           not
           think
           it
           fit
           ,
           nor
           consistent
           with
           that
           civility
           which
           is
           to
           be
           used
           ,
           especially
           towards
           Strangers
           ,
           to
           send
           back
           your
           messenger
           without
           the
           return
           of
           some
           kind
           of
           answer
           :
           Wherein
           ,
           albeit
           I
           shall
           not
           come
           up
           to
           the
           full
           ,
           of
           what
           your
           Letter
           declareth
           to
           be
           your
           desire
           ,
           
             viz.
             In
             giving
             a
             particular
             Iudgment
             and
             estimate
             of
             the
             Eight
             several
             Arguments
             therein
             proposed
             ,
             and
             the
             additional
          
           Quaere
           
             in
             the
             Postscript
          
           :
           yet
           you
           shall
           find
           something
           tending
           towards
           your
           satisfaction
           therein
           ,
           by
           touching
           upon
           those
           points
           (
           so
           far
           as
           the
           straits
           of
           time
           would
           suffer
           )
           wherein
           the
           difficulty
           of
           the
           whole
           business
           seemeth
           chiefly
           to
           consist
           .
        
         
         
           First
           then
           ,
           it
           is
           to
           be
           considered
           ,
           that
           Allegiance
           is
           a
           duty
           that
           every
           Subject
           ,
           under
           what
           form
           of
           Government
           soever
           ,
           by
           the
           Law
           of
           Nature
           ,
           oweth
           to
           his
           Countrey
           ,
           and
           consequently
           to
           the
           Sovereign
           Power
           thereof
           .
           For
           the
           very
           same
           Law
           (
           which
           we
           may
           call
           the
           
             Law
             of
             Nature
          
           ,
           at
           least
           in
           a
           large
           acceptation
           )
           which
           inclineth
           particular
           men
           to
           grow
           into
           one
           civil
           body
           of
           a
           Common-wealth
           ,
           must
           necessarily
           withal
           ,
           imprint
           a
           sense
           ,
           and
           tacite
           acknowledgment
           of
           such
           a
           duty
           of
           Allegiance
           in
           every
           inferior
           member
           of
           the
           body
           ,
           unto
           the
           
             Caput
             Communitatis
          
           ,
           or
           Sovereign
           Power
           ,
           by
           which
           that
           Common-wealth
           is
           governed
           ,
           as
           is
           necessary
           for
           the
           preservation
           of
           the
           whole
           body
           .
           So
           that
           the
           bond
           of
           Allegiance
           doth
           not
           arise
           originally
           from
           the
           
             Oath
             of
             Allegiance
          
           ;
           as
           if
           those
           that
           had
           not
           taken
           the
           Oath
           ,
           had
           a
           greater
           liberty
           to
           act
           contrary
           to
           the
           Allegiance
           specified
           in
           the
           Oath
           ,
           than
           those
           that
           have
           taken
           it
           ,
           have
           :
           or
           as
           if
           ,
           in
           case
           the
           Oath
           should
           be
           quite
           laid
           aside
           ,
           there
           should
           be
           no
           Allegiance
           due
           .
           But
           it
           is
           so
           intrinsecal
           ,
           proper
           ,
           and
           essential
           a
           duty
           ,
           and
           (
           as
           it
           were
           )
           fundamental
           ,
           to
           the
           relation
           of
           a
           Subject
           ,
           
             quâ
             talis
          
           ,
           as
           that
           the
           very
           name
           of
           a
           Subject
           doth
           ,
           after
           a
           sort
           ,
           import
           it
           ;
           
           insomuch
           ,
           that
           it
           hath
           thereupon
           gained
           ,
           in
           common
           usage
           of
           speech
           ,
           the
           stile
           of
           
             Natural
             Allegiance
          
           :
           Whence
           all
           these
           inferences
           will
           follow
           .
        
         
           1.
           
           That
           the
           bond
           of
           Allegiance
           ,
           (
           whether
           sworn
           or
           not
           sworn
           )
           is
           in
           the
           nature
           of
           it
           perpetual
           and
           indispensable
           .
        
         
           2.
           
           That
           it
           is
           so
           inseparable
           ,
           from
           the
           relation
           of
           a
           Subject
           ,
           that
           although
           the
           exercise
           of
           it
           ,
           may
           be
           suspended
           by
           reason
           of
           a
           prevailing
           force
           ,
           whilest
           the
           Subject
           is
           under
           such
           force
           ,
           (
           viz.
           where
           it
           cannot
           be
           imagined
           ,
           how
           the
           endeavour
           of
           exercising
           it
           can
           be
           effectually
           serviceable
           to
           restore
           the
           Sovereign
           Power
           to
           the
           right
           owner
           ,
           for
           the
           establishment
           of
           that
           Publick
           Justice
           and
           Peace
           wherein
           the
           happiness
           of
           Common-wealths
           consisteth
           )
           yet
           no
           outward
           force
           can
           so
           absolutely
           take
           it
           away
           ,
           or
           remove
           it
           ,
           but
           that
           still
           it
           remaineth
           vertually
           in
           the
           Subject
           ,
           and
           obligeth
           to
           an
           endeavour
           (
           so
           soon
           as
           the
           force
           that
           hindered
           it
           is
           over
           )
           of
           actually
           exercising
           of
           it
           ,
           for
           the
           advantage
           of
           the
           party
           ,
           to
           whom
           of
           right
           it
           is
           due
           ,
           and
           the
           advancement
           of
           the
           common
           good
           thereby
           ,
           upon
           all
           fit
           occasions
           .
        
         
           3.
           
           That
           no
           Subject
           of
           England
           ,
           that
           either
           hath
           ,
           by
           taking
           the
           Oaths
           of
           Supremacy
           ,
           
           or
           Allegiance
           ,
           acknowledged
           ;
           or
           that
           not
           having
           taken
           either
           Oath
           ,
           yet
           otherwise
           knoweth
           ,
           or
           believeth
           ,
           that
           the
           
             Sovereign
             Power
          
           in
           England
           ,
           to
           whom
           his
           
             Natural
             Allegiance
          
           is
           due
           ,
           is
           
             the
             King
             ,
             his
             Heirs
             ,
             and
             lawful
             Successors
             ,
          
           can
           without
           sinning
           against
           his
           Conscience
           ,
           enter
           into
           any
           
             Covenant
             ,
             Promise
          
           ,
           or
           Engagement
           ,
           or
           do
           any
           other
           Act
           or
           Acts
           whatsoever
           ,
           whereby
           either
           to
           transfer
           his
           Allegiance
           to
           any
           other
           party
           ,
           to
           whom
           it
           is
           not
           of
           right
           due
           ,
           or
           to
           put
           himself
           into
           an
           incapacity
           of
           performing
           the
           duties
           of
           his
           
             bounden
             Allegiance
          
           to
           his
           lawful
           Sovereign
           ,
           when
           it
           may
           appear
           to
           be
           useful
           and
           serviceable
           to
           him
           .
        
         
           4.
           
           That
           therefore
           the
           taking
           of
           the
           late
           
             Solemn
             League
             and
             Covenant
          
           ,
           by
           any
           Subject
           of
           England
           (
           notwithstanding
           the
           Protestation
           in
           the
           Preface
           ,
           that
           therein
           he
           
             had
             the
             Honour
             of
             the
             King
             before
             his
             eyes
          
           ;
           and
           that
           express
           clause
           in
           one
           of
           the
           Articles
           of
           it
           ,
           wherein
           he
           swore
           ,
           
             The
             Preservation
             of
             the
             Kings
             Person
             and
             Honour
          
           )
           was
           an
           act
           as
           clear
           contrary
           to
           the
           
             Oath
             of
             Allegiance
          
           ,
           and
           the
           
             Natural
             Duty
          
           of
           every
           Subject
           of
           England
           ;
           as
           the
           
             Assisting
             of
             the
             King
             to
             the
             utmost
             of
             ones
             power
          
           (
           which
           is
           a
           branch
           of
           the
           Oaths
           )
           and
           the
           assisting
           against
           any
           person
           
           whatsoever
           ,
           with
           his
           utmost
           power
           ,
           those
           that
           were
           actually
           in
           Arms
           against
           the
           King
           (
           which
           was
           the
           very
           end
           for
           which
           that
           Covenant
           was
           set
           on
           foot
           )
           are
           contrary
           the
           one
           unto
           the
           other
           .
        
         
           5.
           
           And
           that
           also
           for
           the
           same
           reason
           ,
           no
           Subject
           of
           England
           ,
           that
           hath
           taken
           the
           Oaths
           ,
           and
           understandeth
           them
           ,
           or
           is
           perswaded
           that
           the
           Sovereignty
           of
           this
           Realm
           doth
           of
           right
           belong
           to
           the
           King
           ,
           his
           Heirs
           ,
           and
           lawful
           Successors
           ,
           can
           without
           sinning
           in
           like
           manner
           against
           his
           Conscience
           ,
           take
           the
           Engagement
           now
           offered
           :
           if
           he
           so
           understand
           the
           words
           ,
           wherein
           it
           is
           expressed
           ,
           as
           if
           they
           did
           contain
           in
           them
           ,
           and
           require
           of
           the
           Promiser
           ,
           an
           acknowledgment
           that
           the
           Supream
           Power
           of
           this
           Realm
           ,
           whereunto
           the
           Subjects
           owe
           their
           
             bounden
             Allegiance
          
           ,
           is
           rightly
           vested
           in
           those
           persons
           that
           now
           exercise
           it
           ;
           or
           as
           if
           they
           did
           import
           an
           utter
           abjuration
           ,
           or
           renouncing
           of
           that
           Allegiance
           which
           was
           formerly
           held
           due
           to
           the
           King.
           
        
         
           II.
           This
           being
           cleared
           ,
           the
           next
           enquiry
           must
           be
           ,
           Whether
           or
           no
           
             the
             words
             of
             the
             Engagement
          
           will
           reasonably
           bear
           such
           a
           construction
           ,
           as
           to
           the
           understanding
           of
           a
           rational
           and
           conscientious
           man
           ,
           may
           seem
           consistent
           
           with
           his
           
             bounden
             duty
          
           and
           Allegiance
           to
           his
           lawful
           Sovereign
           ?
           Whereof
           (
           I
           think
           )
           there
           need
           be
           no
           great
           question
           made
           ,
           if
           it
           be
           well
           considered
           .
        
         
           1.
           
           That
           all
           expressions
           by
           words
           ,
           are
           subject
           to
           such
           ambiguities
           ,
           that
           scarce
           any
           thing
           can
           be
           said
           or
           exp●essed
           in
           any
           words
           ,
           how
           cautelously
           soever
           chosen
           ,
           which
           will
           not
           render
           the
           whole
           speech
           capable
           of
           more
           constructions
           than
           one
           .
        
         
           2.
           
           That
           very
           many
           men
           ,
           known
           to
           be
           well
           affected
           to
           the
           King
           and
           his
           Party
           ,
           and
           reputed
           otherwaies
           both
           learned
           and
           conscientious
           (
           not
           to
           mention
           the
           Presbyterians
           ,
           most
           of
           whom
           ,
           truly
           for
           my
           own
           part
           ,
           when
           we
           speak
           of
           learning
           and
           conscience
           ,
           I
           hold
           to
           be
           very
           little
           considerable
           )
           have
           subscribed
           the
           Engagement
           ;
           who
           in
           the
           judgment
           of
           Charity
           ,
           we
           are
           to
           presume
           ,
           would
           not
           so
           have
           done
           ,
           if
           they
           had
           not
           been
           perswaded
           the
           words
           might
           be
           understood
           in
           some
           such
           qualified
           sense
           ,
           as
           might
           stand
           with
           the
           duty
           of
           Allegiance
           to
           the
           King.
           
        
         
           3.
           
           That
           (
           as
           you
           write
           )
           it
           is
           strong●y
           reported
           and
           believed
           ,
           that
           the
           King
           hath
           given
           way
           to
           the
           tak●ng
           of
           the
           Engagement
           ,
           rather
           than
           that
           his
           good
           Subjects
           should
           lose
           their
           Estates
           for
           re●using
           the
           same
           .
           
           Which
           ,
           as
           it
           is
           a
           clear
           evidence
           ,
           that
           the
           King
           ,
           and
           they
           who
           are
           about
           him
           ,
           to
           advise
           him
           ,
           do
           not
           so
           conceive
           of
           the
           words
           of
           this
           Engagement
           ,
           as
           if
           they
           did
           necessarily
           import
           an
           abandoning
           of
           the
           Allegiance
           due
           to
           him
           :
           so
           't
           is
           (
           if
           true
           )
           a
           matter
           of
           great
           consideration
           towards
           the
           satisfaction
           of
           so
           many
           ,
           as
           out
           of
           that
           fear
           only
           ,
           have
           scrupled
           the
           taking
           of
           it
           .
           For
           the
           doing
           of
           that
           cannot
           be
           reasonably
           thought
           to
           destroy
           the
           Subjects
           Allegiance
           ;
           which
           the
           King
           ,
           who
           expecteth
           Allegiance
           from
           all
           his
           Subjects
           ,
           advisedly
           ,
           and
           upon
           mature
           deliberation
           alloweth
           them
           to
           do
           .
        
         
           III.
           But
           all
           this
           being
           granted
           ,
           that
           the
           words
           of
           the
           Engagement
           are
           capable
           of
           such
           construction
           ;
           yet
           is
           not
           the
           Conscience
           thereby
           sufficiently
           secured
           ,
           from
           justly
           scrupling
           at
           the
           taking
           thereof
           ,
           unless
           it
           may
           yet
           further
           appear
           ,
           that
           the
           Subject
           hath
           the
           liberty
           to
           make
           use
           of
           such
           a
           construction
           ;
           which
           is
           in
           effect
           the
           Qu●re
           contained
           in
           your
           Postscript
           ,
           viz.
           Whether
           upon
           supposition
           ,
           that
           the
           words
           of
           the
           Engagement
           will
           bear
           more
           constructions
           than
           one
           ,
           the
           subscriber
           may
           take
           it
           in
           his
           own
           sense
           ,
           or
           is
           bound
           to
           take
           it
           in
           the
           imposers
           sense
           ?
           or
           ,
           Whether
           
           it
           be
           necessary
           or
           expedient
           before
           he
           subscribe
           ,
           to
           ask
           those
           that
           require
           his
           subscription
           ,
           in
           what
           sense
           they
           require
           him
           to
           subscribe
           it
           ?
           Upon
           the
           resolution
           of
           which
           Quaere
           ,
           since
           (
           as
           I
           conceive
           )
           the
           last
           resolution
           of
           the
           Judgment
           ,
           wherein
           the
           Conscience
           is
           to
           acquiesce
           ,
           doth
           principally
           depend
           ;
           I
           shall
           endeavour
           to
           give
           you
           my
           thoughts
           therein
           ,
           (
           wherein
           I
           acknowledg
           to
           have
           received
           much
           light
           and
           satisfaction
           from
           a
           Discourse
           written
           by
           a
           Learned
           ,
           Judicious
           ,
           and
           Pious
           friend
           ,
           whereof
           I
           lately
           had
           the
           perusal
           ,
           but
           for
           some
           reasons
           ,
           not
           thought
           fit
           to
           be
           published
           )
           as
           distinctly
           ,
           and
           clearly
           ,
           as
           the
           time
           I
           have
           to
           do
           it
           in
           ,
           will
           suffer
           .
        
         
           1.
           
           First
           then
           ,
           for
           a
           man
           that
           is
           required
           of
           another
           to
           give
           Faith
           by
           some
           
             Oath
             ,
             Promise
          
           ,
           or
           other
           Engagement
           ,
           to
           take
           it
           in
           a
           sense
           of
           his
           own
           ,
           manifestly
           different
           (
           even
           in
           his
           own
           apprehension
           )
           from
           the
           others
           meaning
           ,
           sufficiently
           expressed
           by
           words
           ,
           according
           to
           the
           common
           custome
           of
           speech
           ,
           and
           the
           nature
           of
           the
           business
           which
           it
           concerneth
           ,
           is
           so
           gross
           a
           conceit
           ,
           that
           had
           not
           the
           impudence
           of
           the
           J●suits
           ,
           in
           maintaining
           the
           lawfulness
           of
           their
           Equivocations
           ,
           and
           the
           sad
           experience
           of
           these
           late
           times
           ,
           (
           wherein
           thousands
           have
           cheated
           themselves
           
           in
           perjury
           ,
           by
           thinking
           to
           avoid
           it
           )
           evidenced
           the
           contrary
           ,
           it
           might
           well
           have
           been
           thought
           a
           thing
           incredible
           ,
           that
           any
           man
           of
           common
           understanding
           ,
           should
           suffer
           his
           reason
           to
           be
           so
           infatuated
           by
           his
           affections
           ,
           as
           to
           be
           deceived
           thereby
           .
           For
           if
           such
           latitude
           of
           construction
           should
           be
           admitted
           in
           Promises
           ,
           and
           other
           Obligations
           of
           that
           nature
           ,
           intended
           for
           the
           Preservation
           of
           Faith
           amongst
           mankind
           ,
           there
           would
           not
           remain
           any
           possible
           means
           ,
           whereby
           for
           men
           to
           have
           assurance
           of
           one
           anothers
           meanings
           .
           Wherefore
           I
           take
           that
           for
           a
           clear
           truth
           ,
           That
           all
           Promises
           ,
           and
           Assurances
           ,
           wherein
           Faith
           is
           required
           to
           be
           given
           to
           another
           ,
           ought
           to
           be
           understood
           ,
           
             ad
             mentem
             imponentis
          
           ,
           according
           to
           the
           mind
           and
           meaning
           of
           him
           to
           whom
           the
           Faith
           is
           to
           be
           given
           ;
           so
           far
           forth
           as
           the
           meaning
           may
           reasonably
           appear
           ,
           by
           the
           nature
           of
           the
           matter
           about
           which
           it
           is
           conversant
           ,
           and
           such
           signification
           of
           the
           words
           ,
           whereby
           it
           is
           expressed
           ,
           as
           according
           to
           the
           ordinary
           use
           of
           speech
           amongst
           men
           ,
           agreeth
           best
           thereunto
           .
           The
           reason
           whereof
           is
           ,
           because
           the
           Faith
           so
           required
           to
           be
           given
           ,
           is
           intended
           to
           the
           b●hoof
           ,
           and
           for
           the
           interest
           of
           him
           that
           requireth
           it
           ;
           namely
           ,
           to
           the
           end
           he
           may
           have
           the
           better
           assurance
           from
           
           him
           that
           giveth
           the
           faith
           ,
           that
           what
           is
           promised
           shall
           be
           accordingly
           performed
           :
           which
           assurance
           he
           cannot
           have
           ,
           if
           after
           his
           meaning
           ,
           sufficiently
           declared
           by
           the
           words
           ,
           it
           should
           yet
           be
           at
           the
           liberty
           of
           the
           Promiser
           to
           reserve
           another
           secret
           meaning
           in
           his
           own
           breast
           ,
           differing
           there-from
           .
        
         
           2.
           
           But
           Secondly
           ,
           what
           if
           the
           Intention
           of
           the
           Imposer
           be
           not
           so
           fully
           declared
           by
           the
           words
           and
           the
           nature
           of
           the
           business
           ;
           but
           that
           the
           same
           words
           may
           in
           fair
           construction
           be
           still
           capable
           of
           a
           double
           meaning
           ,
           so
           as
           taken
           in
           one
           sense
           ,
           they
           shall
           bind
           to
           More
           ,
           and
           in
           another
           to
           Less
           ?
           I
           conceive
           in
           such
           case
           it
           is
           not
           necessary
           ,
           nor
           always
           expedient
           (
           but
           rather
           for
           the
           most
           part
           otherwise
           )
           for
           the
           Promiser
           ,
           before
           he
           give
           faith
           ,
           to
           demand
           of
           the
           Imposer
           ,
           whether
           of
           the
           two
           is
           his
           meaning
           .
           But
           he
           may
           by
           the
           rule
           of
           Prudence
           ,
           and
           that
           (
           for
           ought
           I
           see
           )
           without
           the
           violation
           of
           any
           Law
           of
           Conscience
           ,
           make
           his
           just
           advantage
           of
           that
           ambiguity
           ,
           and
           take
           it
           in
           the
           same
           sense
           which
           shall
           bind
           
             to
             the
             Less
          
           .
           And
           this
           I
           ground
           upon
           the
           very
           same
           reason
           as
           before
           ;
           For
           sith
           the
           Faith
           to
           be
           given
           ,
           is
           intended
           to
           the
           behoof
           of
           him
           ,
           to
           whom
           it
           is
           given
           ,
           it
           concerneth
           him
           to
           take
           care
           that
           his
           meaning
           be
           expressed
           in
           
           ●uch
           words
           as
           will
           sufficiently
           manifest
           the
           same
           to
           the
           understanding
           of
           a
           reasonable
           man.
           Which
           if
           he
           neglect
           to
           do
           ,
           no
           Law
           of
           Equity
           or
           Prudence
           bindeth
           the
           Promiser
           by
           an
           over-scrupulous
           diligence
           to
           make
           it
           out
           ,
           whereby
           to
           lay
           a
           greater
           obligation
           upon
           himself
           than
           he
           need
           to
           do
           .
        
         
           3.
           
           But
           then
           Thirdly
           ,
           if
           it
           shall
           happen
           (
           as
           often
           it
           cometh
           to
           pass
           ,
           when
           we
           have
           to
           deal
           with
           cunning
           men
           ,
           and
           may
           possibly
           be
           the
           Case
           now
           ,
           and
           undoub●edly
           was
           so
           in
           the
           business
           of
           the
           P●otestation
           ,
           when
           the
           time
           was
           )
           That
           he
           ●hat
           requireth
           the
           faith
           to
           be
           given
           ,
           do
           of
           purpose
           so
           contrive
           the
           words
           ,
           that
           there
           may
           be
           l●ft
           an
           ambiguity
           and
           latitude
           of
           sense
           therein
           ;
           yea
           ,
           and
           that
           it
           be
           very
           probable
           ,
           and
           in
           a
           manner
           apparent
           ,
           (
           upon
           the
           consideration
           of
           the
           point
           of
           interest
           ,
           or
           other
           strong
           presumptions
           arising
           from
           circumstances
           or
           otherwise
           )
           even
           to
           the
           apprehension
           of
           the
           Promiser
           himself
           ,
           that
           he
           hath
           some
           farther
           reach
           in
           requiring
           that
           promise
           from
           him
           ,
           some
           more
           remote
           and
           secret
           intention
           then
           he
           is
           willing
           to
           discover
           .
           In
           that
           case
           what
           is
           to
           be
           done
           ?
           I
           answer
           ,
           That
           the
           Promiser
           in
           such
           case
           is
           no
           ways
           obliged
           in
           giving
           his
           Faith
           ,
           to
           take
           notice
           of
           any
           secret
           intention
           ,
           but
           is
           at
           liberty
           
           to
           make
           use
           of
           that
           Latitude
           of
           sense
           ,
           which
           the
           other
           did
           rather
           chuse
           to
           leave
           undetermined
           ,
           than
           to
           restrain
           ,
           and
           so
           to
           turn
           the
           others
           cunning
           dealing
           to
           his
           own
           best
           advantage
           ,
           by
           taking
           it
           in
           the
           more
           favourable
           construction
           ;
           and
           that
           which
           bindeth
           
             to
             less
          
           .
           For
           it
           is
           
             the
             declared
             intention
          
           only
           ,
           (
           viz.
           That
           which
           the
           words
           ,
           according
           to
           the
           common
           use
           of
           speech
           ,
           do
           in
           relation
           to
           the
           nature
           of
           the
           subject
           ,
           most
           naturally
           and
           properly
           represent
           to
           the
           understanding
           of
           reasonable
           men
           ,
           when
           they
           hear
           them
           )
           and
           not
           〈◊〉
           the
           remote
           ,
           secret
           ,
           and
           
             reserved
             intent
          
           ,
           which
           the
           Promiser
           is
           obliged
           unto
           .
           The
           reason
           whereof
           is
           manifest
           ;
           because
           he
           that
           requireth
           Faith
           to
           be
           given
           from
           another
           ,
           by
           words
           of
           his
           own
           contriving
           ,
           is
           ever
           presumed
           so
           to
           have
           determined
           the
           sense
           thereof
           ,
           in
           the
           contrivance
           of
           the
           words
           ,
           as
           may
           sufficiently
           declare
           what
           he
           intendeth
           the
           Promiser
           should
           assure
           him
           to
           perform
           .
           If
           therefore
           he
           have
           not
           so
           determined
           the
           words
           ,
           as
           to
           signifie
           
             the
             More
          
           ;
           it
           is
           in
           all
           reason
           to
           be
           presumed
           ,
           that
           he
           intended
           to
           oblige
           him
           but
           to
           
             the
             Less
          
           .
           For
           being
           at
           liberty
           to
           make
           his
           own
           choice
           of
           words
           ,
           whereby
           to
           express
           his
           own
           meaning
           ;
           who
           can
           think
           otherwise
           ,
           but
           that
           he
           
           would
           make
           the
           choice
           with
           respect
           to
           his
           own
           Interest
           ?
           And
           therefore
           ,
           though
           he
           might
           have
           a
           secret
           desire
           ,
           which
           he
           is
           lo●h
           to
           discover
           ,
           that
           the
           Promiser
           should
           be
           bound
           to
           
             the
             More
          
           ,
           and
           would
           be
           marvellously
           well
           pleased
           ,
           that
           he
           should
           so
           understand
           the
           words
           ,
           as
           if
           they
           intended
           to
           bind
           him
           to
           
             the
             More
          
           :
           Yet
           since
           it
           had
           been
           so
           easie
           a
           matter
           for
           him
           ,
           by
           adding
           or
           altering
           a
           few
           words
           ,
           to
           have
           declared
           that
           intent
           ,
           if
           he
           had
           thought
           it
           conducible
           to
           his
           own
           ends
           ;
           it
           will
           be
           presumed
           also
           ,
           that
           it
           was
           out
           of
           respect
           of
           self-interest
           ,
           that
           he
           forbare
           so
           to
           do
           ,
           and
           chose
           rather
           to
           leave
           his
           meaning
           ,
           in
           such
           general
           words
           ,
           as
           will
           not
           exclude
           the
           sense
           ,
           which
           bindeth
           but
           to
           
             the
             Less
          
           ;
           and
           consequently
           that
           his
           declared
           intent
           obligeth
           to
           no
           more
           but
           to
           
             the
             Less
             only
          
           .
        
         
           IV.
           To
           bring
           the
           matter
           yet
           closer
           ,
           and
           to
           put
           it
           up
           to
           the
           present
           Cases
           ,
           there
           are
           yet
           two
           things
           more
           to
           be
           done
           .
        
         
           First
           ,
           To
           shew
           what
           the
           different
           constructions
           (
           
             the
             highest
          
           ,
           I
           mean
           ,
           and
           
             the
             lowest
          
           )
           the
           words
           of
           the
           Engagement
           are
           fairly
           capabl●
           of
           .
        
         
           And
           Secondly
           ,
           to
           find
           as
           well
           as
           we
           can
           ,
           
           whether
           of
           the
           two
           is
           more
           probably
           the
           meaning
           intended
           by
           the
           Imposers
           ,
           to
           be
           declared
           by
           the
           words
           .
        
         
           The
           words
           are
           these
           :
           
             I
             do
             promise
             to
             be
             true
             and
             faithful
             to
             the
             Common-wealth
             of
             England
             ,
             as
             it
             is
             now
             established
             without
             King
             or
             Lords
             .
          
        
         
           Wherein
           there
           are
           sundry
           ambiguities
           .
        
         
           1.
           
           First
           ,
           In
           the
           words
           
             true
             and
             fai●hf●l
          
           ;
           by
           which
           may
           be
           intended
           ,
           either
           the
           promise
           of
           that
           Fidelity
           and
           Allegiance
           (
           which
           was
           formerly
           acknowledged
           to
           be
           due
           to
           the
           King
           ,
           &c.
           )
           to
           be
           now
           performed
           to
           those
           that
           are
           presently
           possessed
           of
           the
           Supream
           Power
           ,
           as
           their
           right
           and
           due
           .
           Or
           else
           that
           promise
           
             of
             such
             a
             kind
             of
             fidelity
             ,
          
           as
           Captives
           taken
           in
           the
           War
           ,
           promise
           to
           their
           Enemies
           ,
           when
           they
           fall
           under
           their
           power
           ;
           viz.
           to
           remain
           true
           Prisoners
           of
           War
           ,
           and
           so
           long
           as
           they
           are
           in
           their
           power
           ,
           not
           to
           attempt
           any
           thing
           to
           their
           destruction
           .
        
         
           2.
           
           Secondly
           ,
           In
           the
           word
           Common-wealth
           ,
           by
           which
           may
           either
           be
           meant
           ,
           those
           persons
           who
           are
           the
           
             prevalent
             party
          
           in
           this
           Kingdom
           ,
           
           and
           now
           are
           possessed
           of
           ,
           and
           do
           exercise
           the
           Supreme
           Power
           therein
           ,
           as
           if
           the
           right
           of
           Soveraignty
           were
           vested
           in
           them
           :
           Or
           else
           ,
           the
           
             whole
             entire
             Body
             of
             the
             English
             Nation
             ,
          
           as
           it
           is
           a
           Civil
           Society
           or
           State
           within
           it self
           ,
           distinguished
           from
           all
           other
           Foreign
           Estates
           .
           Taken
           in
           the
           former
           sense
           ,
           the
           fidelity
           promised
           to
           the
           Common-wealth
           ,
           relateth
           directly
           to
           the
           upholding
           of
           that
           party
           who
           are
           the
           present
           Governors
           
             de
             facto
          
           ,
           and
           imports
           subjection
           to
           them
           as
           
             de
             jure
          
           :
           But
           taken
           in
           the
           latter
           ,
           it
           relateth
           to
           the
           safety
           of
           the
           Nation
           ,
           and
           importeth
           no
           more
           as
           to
           the
           present
           Governors
           ,
           but
           to
           live
           peaceably
           under
           them
           
             de
             facto
          
           ,
           and
           to
           yield
           obedience
           to
           them
           in
           things
           absolutely
           necessary
           for
           the
           upholding
           Civil
           Society
           within
           the
           Realm
           ;
           such
           as
           are
           the
           defence
           of
           the
           Nation
           against
           Foraigners
           ,
           the
           furtherance
           of
           Publick
           Justice
           ,
           and
           the
           maintenance
           of
           Trade
           .
        
         
           3.
           
           In
           the
           words
           
             as
             it
             is
             now
             established
             ,
             &c.
          
           which
           may
           be
           understood
           either
           by
           way
           of
           approbation
           of
           what
           hath
           been
           done
           by
           way
           of
           abolishing
           Kingly
           Government
           ,
           and
           the
           House
           of
           Peers
           ,
           and
           placing
           all
           Authority
           and
           Power
           within
           the
           Realm
           ,
           in
           the
           House
           of
           Commons
           .
           Or
           else
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           only
           ,
           as
           a
           
           clause
           simply
           and
           barely
           reciting
           what
           manner
           of
           Government
           it
           is
           that
           this
           Nation
           
             de
             facto
          
           ,
           is
           now
           under
           ;
           viz.
           a
           Government
           by
           the
           Commons
           only
           ,
           without
           either
           King
           or
           House
           of
           Lords
           .
        
         
           
             Which
             Ambiguities
             considered
             ,
             The
             
               highest
               construction
            
             that
             can
             be
             reasonably
             made
             of
             the
             words
             ,
             is
             to
             this
             effect
             .
             I
             acknowledge
             the
             Sovereign
             Power
             of
             this
             Nation
             ,
             where
             unto
             I
             owe
             Allegiance
             and
             Subjection
             to
             be
             rightly
             stated
             in
             the
             House
             of
             Commons
             ,
             wherein
             neither
             King
             nor
             Lords
             (
             as
             such
             )
             have
             ,
             or
             henceforth
             ought
             to
             have
             any
             share
             ;
             And
             I
             promise
             that
             I
             will
             perform
             all
             Allegiance
             and
             Subjection
             thereunto
             ,
             and
             maintain
             the
             same
             with
             my
             fortunes
             and
             life
             to
             the
             utmost
             of
             my
             power
             .
          
        
         
           And
           the
           
             lowest
             construction
          
           that
           can
           be
           reasonably
           made
           of
           the
           same
           words
           ,
           is
           to
           this
           effect
           :
           
             Whereas
             for
             the
             present
             ,
             the
             Supreme
             Power
             in
             England
             ,
             under
             which
             Power
             I
             now
             am
             ,
             is
             actually
             possessed
             and
             exercised
             by
             the
             House
             of
             Commons
             ,
             without
             either
             King
             or
             Lords
             ;
             I
             promise
             that
             so
             long
             as
             I
             live
             under
             that
             power
             and
             protection
             ,
             I
             will
             not
             contrive
             or
             attempt
             any
             act
             of
             hostility
             against
             them
             :
             
             but
             living
             quietly
             and
             peaceably
             under
             them
             ,
             will
             endeavor
             my self
             faithfully
             in
             my
             place
             and
             calling
             ,
             to
             do
             what
             every
             good
             member
             of
             a
             Common-wealth
             ought
             to
             do
             for
             the
             safety
             of
             my
             Country
             ,
             and
             preservation
             of
             Civil
             Society
             therein
             .
          
        
         
           V.
           Now
           cometh
           in
           to
           be
           considered
           in
           the
           last
           place
           the
           great
           Question
           ,
           whether
           of
           the
           two
           constructions
           it
           is
           ,
           (
           That
           which
           bindeth
           to
           the
           Most
           ,
           or
           This
           which
           obligeth
           to
           the
           Least
           ,
           the
           words
           can
           well
           bear
           )
           that
           the
           formers
           of
           the
           Engagement
           did
           rather
           intend
           to
           declare
           by
           these
           words
           .
           They
           that
           think
           
             the
             former
          
           ,
           want
           not
           probability
           of
           reason
           to
           ground
           their
           perswasions
           upon
           .
           For
           they
           consider
           ,
           that
           those
           who
           are
           presently
           possessed
           of
           the
           Supreme
           Power
           ,
           are
           not
           minded
           to
           part
           with
           it
           if
           they
           can
           hold
           it
           .
           And
           that
           the
           likeliest
           way
           to
           hold
           it
           is
           ,
           if
           they
           can
           possibly
           bring
           the
           whole
           people
           of
           England
           ,
           or
           at
           least
           the
           far
           greatest
           part
           thereof
           ,
           to
           acknowledge
           that
           they
           are
           rightly
           possessed
           of
           it
           ,
           and
           to
           promise
           Subjection
           and
           Allegiance
           to
           them
           as
           such
           .
           And
           that
           therefore
           the
           Engagement
           ,
           being
           purposely
           devised
           and
           set
           on
           foot
           ,
           as
           the
           fittest
           engine
           to
           expedite
           that
           work
           ,
           must
           in
           all
           reason
           intend
           to
           oblige
           so
           far
           .
           Which
           being
           so
           contrary
           to
           
           their
           Judgment
           and
           perswasion
           ,
           concerning
           the
           duty
           and
           Oath
           of
           Allegiance
           ,
           I
           cannot
           blame
           those
           that
           so
           understand
           the
           words
           of
           the
           Engagement
           ,
           if
           they
           abominate
           the
           very
           thought
           of
           taking
           it
           .
        
         
           But
           there
           wanteth
           not
           great
           probability
           of
           Reason
           on
           the
           other
           side
           ,
           to
           induce
           us
           to
           believe
           that
           the
           latter
           and
           lower
           sense
           is
           rather
           to
           be
           deemed
           the
           immediate
           ,
           and
           declared
           intent
           of
           the
           Imposers
           ,
           whatsoever
           cause
           of
           suspition
           there
           may
           be
           ,
           that
           the
           former
           meaning
           may
           be
           more
           agreeable
           to
           their
           
             secret
             ,
             reserved
             ,
             and
             ultimate
             intent
          
           ;
           between
           which
           two
           ,
           if
           there
           be
           any
           difference
           (
           as
           it
           is
           not
           impossible
           but
           there
           may
           be
           )
           the
           Engager
           is
           not
           concerned
           in
           it
           ,
           or
           not
           yet
           :
           the
           Equivocation
           ,
           if
           there
           be
           any
           in
           that
           ,
           must
           be
           put
           upon
           the
           Imposers
           ,
           not
           on
           the
           Promisers
           score
           .
           For
           thus
           believing
           ,
           there
           are
           amongst
           others
           these
           Probabilities
           .
        
         
           1.
           
           That
           many
           prudent
           and
           consciencious
           men
           of
           the
           Royal
           Party
           ,
           as
           well
           Divines
           and
           Lawyers
           ,
           as
           others
           ,
           have
           thus
           understood
           it
           ,
           who
           we
           presume
           would
           not
           for
           any
           outward
           resp●ct
           in
           the
           world
           have
           taken
           it
           ,
           if
           they
           had
           conceived
           any
           more
           to
           have
           been
           intended
           in
           it
           .
        
         
           2.
           
           That
           it
           hath
           often
           been
           affirmed
           ,
           both
           
           publickly
           and
           privately
           in
           several
           parts
           of
           the
           Kingdom
           (
           if
           we
           may
           believe
           either
           common
           fame
           ,
           or
           the
           reports
           of
           sundry
           credible
           particular
           persons
           )
           by
           those
           that
           have
           perswaded
           or
           pressed
           others
           to
           subscribe
           ;
           that
           the
           same
           is
           the
           very
           true
           intent
           and
           meaning
           of
           it
           ,
           and
           no
           other
           .
        
         
           3.
           
           That
           if
           the
           Imposers
           had
           been
           minded
           to
           have
           declared
           an
           intent
           of
           binding
           
             to
             more
          
           ,
           they
           might
           easily
           have
           framed
           the
           words
           so
           as
           not
           to
           be
           capable
           of
           a
           construction
           binding
           
             to
             Less
          
           .
        
         
           4.
           
           That
           (
           as
           is
           also
           credibly
           reported
           )
           whilst
           the
           form
           of
           words
           was
           under
           debate
           ,
           the
           opinion
           of
           those
           that
           would
           have
           had
           it
           set
           higher
           ,
           was
           not
           followed
           ,
           as
           held
           unseasonable
           ;
           and
           the
           vote
           carried
           ,
           for
           the
           more
           moderate
           expression
           wherein
           it
           now
           standeth
           .
        
         
           5.
           
           That
           the
           Imposers
           ,
           intending
           by
           the
           Engagement
           to
           secure
           themselves
           ,
           especially
           against
           the
           designs
           and
           attempts
           of
           those
           men
           ,
           who
           they
           knew
           (
           well
           enough
           )
           held
           them
           for
           no
           other
           than
           Usurpers
           ,
           must
           be
           in
           reason
           supposed
           to
           require
           no
           more
           assurance
           of
           them
           by
           the
           Engagement
           ,
           than
           such
           as
           may
           and
           is
           usually
           given
           to
           Usurpers
           ;
           which
           is
           ,
           not
           an
           acknowledgment
           of
           their
           
           title
           ,
           and
           a
           promise
           of
           Allegiance
           ,
           but
           meerly
           a
           promise
           of
           living
           quietly
           ,
           so
           long
           as
           they
           are
           under
           their
           power
           ,
           and
           enjoy
           their
           protection
           .
        
         
           6.
           
           That
           it
           is
           a
           received
           Maxim
           of
           Political
           prudence
           ,
           for
           all
           new
           Governors
           ,
           (
           especially
           those
           that
           either
           introduce
           a
           new
           form
           of
           Government
           ,
           or
           come
           in
           upon
           a
           questionable
           title
           )
           to
           abstain
           from
           all
           harsh
           proceedings
           ,
           even
           against
           those
           whom
           they
           know
           to
           be
           evil
           affected
           to
           their
           Power
           ,
           and
           not
           so
           much
           as
           to
           exasperate
           them
           (
           though
           it
           be
           in
           the
           power
           of
           their
           hands
           to
           destroy
           them
           )
           especially
           in
           the
           beginning
           of
           their
           Government
           ;
           but
           rather
           to
           sweeten
           them
           into
           a
           better
           opinion
           of
           their
           persons
           ,
           and
           to
           win
           upon
           them
           by
           Acts
           of
           Grace
           and
           Oblivion
           (
           for
           
             Remissiùs
             imperanti
             meliùs
             paretur
          
           .
           
           )
           So
           as
           they
           may
           have
           but
           any
           tolerable
           kind
           of
           as●urance
           from
           them
           in
           the
           mean
           time
           ,
           of
           living
           quietly
           and
           peaceably
           under
           them
           .
           We
           have
           no
           reason
           therefore
           to
           believe
           that
           the
           Imposers
           of
           this
           Engagement
           ,
           who
           have
           acted
           the
           parts
           of
           the
           greatest
           Politicians
           ,
           ●o
           perfectly
           and
           succesfully
           hitherto
           ,
           as
           to
           possess
           themselves
           so
           fully
           of
           the
           Supream
           Power
           of
           so
           great
           and
           flourishing
           a
           Kingdom
           ,
           
           in
           so
           few
           years
           ▪
           would
           be
           so
           impolitick
           as
           not
           to
           proceed
           by
           the
           same
           ●ules
           ,
           that
           all
           wise
           and
           succesful
           persons
           have
           ever
           practised
           in
           the
           managing
           ,
           and
           for
           the
           establishing
           of
           an
           acquired
           power
           .
        
         
           VI.
           Out
           of
           all
           these
           premises
           together
           (
           weighing
           my
           Positive
           conclusion
           ,
           either
           Affirmative
           or
           Negative
           ,
           touching
           the
           Lawfulness
           or
           Unlawfulness
           of
           subscribing
           
             in
             universali
          
           )
           I
           shall
           declare
           my
           opinion
           only
           in
           these
           few
           following
           particulars
           .
        
         
           1.
           
           That
           it
           is
           not
           lawful
           for
           any
           man
           to
           take
           the
           Engagement
           with
           a
           resolution
           to
           break
           it
           .
        
         
           2.
           
           That
           therefore
           ,
           whosoever
           thinketh
           the
           words
           of
           the
           Engagement
           do
           contain
           a
           promise
           of
           any
           thing
           which
           it
           is
           not
           law●ul
           for
           him
           to
           perform
           ,
           cannot
           take
           it
           with
           a
           good
           conscience
           .
        
         
           3.
           
           That
           whosoever
           so
           understandeth
           the
           words
           of
           the
           Engagement
           ,
           as
           if
           they
           did
           oblige
           him
           to
           any
           thing
           contrary
           to
           his
           Allegiance
           ,
           or
           render
           him
           unable
           to
           act
           according
           thereunto
           ,
           upon
           any
           seasonable
           emerging
           occasion
           ,
           cannot
           with
           a
           good
           conscience
           take
           it
           .
        
         
           4.
           
           That
           if
           any
           man
           for
           any
           temporal
           benefit
           ,
           
           or
           avoiding
           any
           temporal
           damage
           ,
           shall
           take
           the
           Engagement
           with
           a
           doubting
           conscience
           (
           that
           is
           ,
           before
           he
           be
           perswaded
           in
           his
           Judgment
           ,
           upon
           some
           probable
           ground
           of
           reason
           ,
           that
           it
           is
           lawful
           for
           him
           so
           to
           do
           )
           he
           sinneth
           therein
           .
        
         
           5.
           
           That
           if
           any
           man
           after
           a
           serious
           desire
           of
           informing
           himself
           as
           rightly
           as
           he
           can
           ,
           what
           are
           the
           duties
           of
           his
           Allegiance
           on
           the
           one
           side
           ,
           and
           what
           is
           most
           probably
           the
           meaning
           intended
           by
           the
           words
           of
           the
           Engagement
           on
           the
           other
           side
           ,
           shall
           find
           himself
           well
           satisfied
           in
           this
           perswasion
           ,
           that
           the
           performance
           in
           the
           mean
           time
           of
           what
           is
           required
           by
           the
           Engagement
           so
           understood
           ,
           is
           no
           way
           contrary
           (
           for
           any
           thing
           he
           can
           discern
           for
           the
           present
           )
           to
           his
           bounden
           Allegiance
           ,
           so
           long
           as
           he
           is
           under
           such
           a
           force
           ,
           as
           that
           he
           cannot
           exercise
           it
           ;
           and
           likewise
           ,
           that
           whensoever
           that
           force
           is
           so
           removed
           from
           him
           ,
           or
           he
           from
           under
           it
           ,
           as
           that
           he
           hath
           power
           to
           act
           according
           to
           his
           Allegiance
           ,
           the
           Obligation
           of
           the
           Engagement
           of
           it self
           determineth
           and
           expireth
           :
           and
           out
           of
           these
           considerations
           ,
           rather
           than
           suffer
           extreme
           prejudice
           in
           his
           person
           ,
           estate
           ,
           or
           necessary
           relations
           ,
           shall
           subscribe
           the
           Engagement
           ;
           since
           his
           own
           heart
           condemn●th
           him
           not
           ,
           neither
           will
           I.
           
        
         
         
           Sir
           ,
           I
           have
           now
           two
           requests
           to
           you
           ,
           which
           I
           doubt
           not
           but
           you
           will
           think
           reasonable
           .
           The
           one
           ,
           that
           whatsoever
           use
           you
           shall
           please
           to
           make
           of
           these
           papers
           ,
           or
           any
           thing
           therein
           contained
           ,
           for
           your
           own
           ,
           or
           any
           frien●s
           satisfaction
           ;
           yet
           you
           would
           not
           deliver
           any
           Copies
           abroad
           ,
           lest
           they
           should
           come
           to
           be
           printed
           ,
           as
           some
           other
           papers
           of
           mine
           ,
           written
           in
           this
           manner
           ,
           have
           been
           without
           my
           knowledg
           .
           This
           I
           desire
           ,
           both
           in
           respect
           of
           the
           danger
           I
           might
           incur
           from
           the
           displeasure
           of
           the
           Potent
           Party
           ,
           if
           any
           such
           thing
           should
           come
           abroad
           ;
           as
           also
           lest
           upon
           the
           consideration
           of
           some
           things
           here
           hinted
           ,
           they
           might
           think
           the
           words
           of
           the
           Engagement
           too
           light
           ,
           and
           might
           thence
           take
           occasion
           to
           lay
           some
           heavier
           Obligation
           upon
           us
           ,
           in
           words
           that
           should
           oblige
           
             to
             More
          
           .
           The
           other
           request
           is
           ,
           that
           since
           I
           have
           not
           any
           other
           perfect
           Copy
           of
           what
           I
           now
           send
           you
           ,
           you
           would
           procure
           it
           to
           be
           transcribed
           for
           me
           ;
           and
           either
           the
           copy
           so
           transcribed
           ,
           or
           these
           very
           papers
           rather
           ,
           when
           you
           have
           transcribed
           them
           ,
           transmit
           enclosed
           in
           a
           Letter
           ,
           or
           by
           some
           Friend
           that
           will
           be
           sure
           to
           deliver
           them
           safe
           ,
           with
           his
           own
           hands
           ,
           to
           my
           Son
           —
           in
           London
           ,
           to
           whom
           I
           shall
           write
           shortly
           ,
           that
           he
           may
           expect
           them
           ,
        
         
         
           Sir
           ,
           I
           desire
           that
           my
           best
           respects
           may
           be
           presented
           ,
           &c.
           —
           God
           endue
           us
           all
           with
           Grace
           and
           Wisdom
           fit
           for
           these
           evil
           times
           ;
           to
           whose
           Mercy
           and
           Blessing
           commend
           us
           all
           ,
           I
           rest
           ,
        
         
           
             Your
             Loving
             Friend
             and
             Servant
             .
          
           
             B.P.
             
             
               Dec.
               20.
               1650.
               
            
          
        
      
       
         
         
           The
           CASE
           of
           a
           RASH
           VOVV
           Deliberately
           Iterated
           .
        
         
           
             The
             Case
             .
          
           
             A
             Gentleman
             of
             good
             Estate
             ,
             hath
             Issue
             one
             only
             Daughter
             ,
             who
             placing
             her
             affections
             upon
             a
             person
             much
             below
             her
             rank
             ,
             intendeth
             Marriage
             with
             him
             :
             The
             Father
             hearing
             of
             it
             ,
             in
             great
             displeasure
             Voweth
             ,
             and
             confirmeth
             it
             with
             an
             Oath
             ,
             that
             if
             she
             Marry
             him
             ,
             he
             will
             never
             give
             her
             a
             farthing
             of
             his
             Estate
             .
             The
             Daughter
             notwithstanding
             Marryeth
             him
             :
             After
             which
             the
             Father
             sundry
             times
             iterateth
             and
             reneweth
             his
             said
             former
             Vow
             ,
             and
             that
             in
             a
             serious
             and
             deliberate
             manner
             ;
             adding
             further
             ,
             That
             he
             would
             never
             give
             her
             or
             any
             of
             her●
             any
             part
             of
             his
             Estate
             .
          
        
         
           
             QUAERE
             :
          
           
             Whether
             the
             Fathers
             Vow
             so
             made
             ,
             and
             so
             confirmed
             and
             iterated
             as
             abovesaid
             ,
             be
             Obligatory
             or
             not
             ?
          
        
         
           
             The
             Resolution
             .
          
           
             My
             opinion
             is
             ,
             
               That
               the
               Vow
               was
            
             Rash
             ,
             
               and
               is
               not
               at
               all
            
             Obligatory
             .
          
           
           
             1.
             
             The
             Question
             here
             proposed
             is
             concerning
             the
             obligation
             only
             ;
             yet
             I
             deem
             it
             expedient
             to
             declare
             my
             opinion
             concerning
             the
             Rashness
             also
             :
             and
             that
             for
             two
             reasons
             .
             First
             ,
             Because
             there
             seemeth
             in
             the
             propo●al
             of
             the
             Case
             ,
             to
             be
             some
             weight
             laid
             upon
             the
             after
             iterations
             ,
             which
             were
             more
             deliberate
             ,
             as
             if
             they
             added
             to
             the
             Obligation
             .
             And
             Secondly
             ,
             Because
             I
             think
             it
             needful
             that
             the
             Vower
             should
             as
             well
             be
             convinced
             of
             the
             greatness
             of
             his
             sin
             in
             making
             such
             a
             Vow
             ,
             for
             the
             time
             past
             ,
             as
             satisfied
             concerning
             the
             present
             and
             future
             invalidity
             of
             it
             .
          
           
             2.
             
             It
             is
             easie
             to
             believe
             ,
             that
             the
             Gentleman
             ,
             when
             he
             first
             made
             the
             Vow
             ,
             was
             possessed
             with
             a
             very
             great
             indignation
             against
             his
             Daughter
             for
             her
             high
             and
             inexcusable
             disobedience
             to
             him
             in
             so
             very
             weighty
             a
             business
             .
             And
             truly
             it
             must
             be
             confessed
             ,
             he
             had
             need
             to
             be
             a
             man
             of
             a
             very
             rare
             command
             over
             his
             own
             Spirit
             ,
             and
             such
             as
             are
             scarce
             to
             be
             found
             one
             of
             a
             thousand
             ,
             that
             could
             so
             contain
             himself
             within
             the
             bounds
             of
             reason
             ,
             upon
             so
             just
             a
             provocation
             from
             an
             only
             child
             ,
             (
             possibly
             some
             other
             aggravating
             circumstances
             concurring
             )
             as
             not
             to
             be
             transported
             with
             the
             violence
             of
             that
             passion
             ,
             
             into
             some
             thoughts
             and
             resolutions
             ,
             not
             exactly
             agreeable
             with
             the
             dictates
             of
             right
             reason
             .
             It
             can
             therefore
             be
             little
             doubted
             ,
             but
             the
             Vow
             made
             whilst
             the
             Reason
             was
             held
             under
             the
             force
             of
             so
             strange
             a
             perturbation
             ,
             was
             a
             rash
             and
             irrational
             Vow
             .
          
           
             3.
             
             Nor
             will
             these
             after-acts
             in
             confirmation
             of
             the
             first
             Vow
             ,
             though
             having
             more
             of
             deliberation
             in
             them
             ,
             be
             sufficient
             to
             redeem
             either
             it
             or
             themselves
             from
             the
             imputation
             of
             Rashness
             :
             understanding
             rashness
             in
             that
             latitude
             as
             the
             Casuists
             do
             ,
             when
             they
             treat
             
               de
               Voto
               temerario
            
             ,
             under
             the
             notion
             whereof
             they
             comprehend
             all
             such
             Vows
             as
             happen
             
               per
               defectum
               plenae
               &
               discussae
               deliberationis
               ,
            
             as
             they
             express
             it
             ;
             For
             it
             is
             to
             be
             considered
             ,
             that
             when
             an
             injury
             ,
             disobedience
             ,
             or
             other
             affront
             is
             strongly
             resented
             ,
             it
             many
             times
             ●aketh
             a
             very
             deep
             impression
             in
             the
             Soul
             ,
             which
             though
             after
             the
             first
             impetus
             have
             a
             little
             spent
             it self
             ,
             it
             begin
             somewhat
             to
             abate
             ,
             yet
             it
             doth
             so
             by
             such
             slow
             and
             insensible
             degrees
             ,
             that
             the
             same
             perturbation
             ,
             which
             first
             discomposed
             the
             mind
             ,
             may
             have
             a
             strong
             influence
             into
             all
             succeeding
             deliberations
             for
             a
             long
             time
             after
             .
             Even
             as
             after
             an
             acute
             Feaver
             ,
             when
             the
             sharpest
             paroxysmes
             are
             over
             ,
             and
             the
             malignity
             of
             the
             disease
             
             well
             spent
             ,
             although
             the
             party
             begin
             to
             recover
             some
             degrees
             of
             strength
             ;
             yet
             there
             may
             remain
             for
             a
             good
             while
             after
             such
             a
             debility
             in
             the
             parti●s
             ,
             as
             that
             they
             cannot
             exercise
             their
             proper
             functions
             ,
             but
             with
             some
             weakness
             more
             or
             less
             ,
             till
             the
             party
             be
             perfectly
             recovered
             .
             Sith
             therefore
             the
             after-iterations
             on
             the
             first
             Vow
             in
             the
             present
             case
             ,
             did
             proceed
             apparently
             from
             the
             rancor
             and
             malignity
             remaining
             in
             the
             mind
             ,
             as
             the
             dregs
             and
             reliques
             of
             the
             same
             perturbation
             ,
             from
             which
             the
             first
             Vow
             also
             proceeded
             :
             they
             must
             upon
             the
             same
             account
             (
             to
             wit
             ,
             
               per
               defectum
               plenae
               deliberationis
            
             )
             undergo
             the
             same
             censure
             of
             Rashness
             with
             the
             first
             .
             The
             same
             I
             say
             for
             the
             kind
             ;
             some
             difference
             I
             grant
             there
             is
             for
             the
             degree
             :
             but
             
               Magis
               &
               Minus
               non
               variant
               speciem
               ,
            
             we
             know
             .
             And
             the
             consideration
             of
             that
             difference
             is
             only
             thus
             far
             useful
             in
             the
             present
             Case
             ,
             that
             the
             more
             deliberate
             those
             after-acts
             were
             ,
             the
             more
             culpable
             they
             are
             ,
             and
             the
             le●s
             capable
             either
             of
             Excuse
             or
             Extenuation
             ;
             and
             consequently
             do
             oblige
             the
             party
             to
             so
             much
             the
             more
             serious
             ,
             solemn
             ,
             and
             lasting
             Repentance
             .
          
           
             4.
             
             But
             concerning
             rash
             Vowes
             (
             in
             as
             much
             as
             the
             knot
             of
             the
             Question
             lyeth
             not
             there
             )
             it
             shall
             suffice
             to
             note
             these
             few
             points
             .
             First
             ,
             
             That
             every
             
               Rash
               Vow
            
             is
             a
             sin
             ;
             and
             that
             upon
             its
             own
             score
             ,
             and
             precisely
             as
             it
             is
             Rash
             ,
             although
             it
             should
             not
             be
             any
             other
             way
             peccant
             .
             All
             acts
             of
             Religious
             worship
             (
             by
             the
             importance
             of
             the
             third
             Commandment
             )
             are
             to
             be
             performed
             with
             all
             due
             sobriety
             ,
             attention
             ,
             and
             advisedness
             :
             how
             much
             more
             than
             a
             Vow
             ?
             which
             is
             one
             of
             the
             highest
             acts
             of
             worship
             ,
             as
             being
             a
             sacred
             contract
             ,
             where
             unto
             God
             himself
             is
             a
             party
             .
             See
             Eccl.
             5.1
             .
             
               &c.
               Secondly
            
             ,
             That
             Rash
             Vows
             are
             for
             the
             most
             part
             ,
             (
             besides
             the
             Rashness
             )
             peccant
             in
             their
             matter
             also
             ;
             For
             they
             are
             commonly
             made
             in
             passion
             ,
             and
             all
             passions
             are
             evil
             Counsellors
             ,
             and
             Anger
             as
             bad
             as
             the
             first
             .
             
               The
               wrath
               of
               Man
            
             seldom
             
               worketh
               the
               righteousness
               of
               God.
               Thirdly
               ,
            
             That
             a
             Rash
             Vow
             ,
             (
             though
             to
             be
             repented
             of
             for
             the
             Rashness
             )
             may
             yet
             in
             some
             cases
             bind
             .
             As
             for
             example
             ,
             A
             man
             finding
             himself
             ill
             used
             by
             a
             Shop-keeper
             ,
             of
             whom
             he
             had
             formerly
             been
             accustomed
             to
             buy
             ,
             voweth
             in
             a
             Rage
             that
             he
             will
             never
             buy
             of
             him
             again
             :
             This
             is
             a
             Rash
             Vow
             ,
             yet
             it
             bindeth
             ,
             because
             if
             the
             party
             had
             never
             made
             any
             such
             Vow
             at
             all
             ,
             it
             had
             neither
             been
             unjust
             or
             uncharitable
             ,
             (
             nor
             so
             much
             as
             imprudent
             )
             in
             him
             for
             to
             have
             done
             the
             same
             thing
             ,
             which
             by
             his
             Vow
             
             he
             hath
             now
             bound
             himself
             to
             do
             .
             So
             if
             a
             man
             impatient
             of
             his
             ill
             luck
             at
             Cards
             ,
             should
             Vow
             in
             a
             heat
             never
             to
             Play
             at
             Cards
             any
             more
             ;
             he
             were
             in
             this
             case
             also
             bound
             to
             keep
             his
             Vow
             :
             because
             there
             neither
             is
             any
             sin
             in
             keeping
             it
             ,
             nor
             can
             be
             any
             great
             necessity
             why
             he
             should
             break
             it
             .
             That
             therefore
             Fourthly
             ,
             if
             at
             any
             time
             a
             
               Rash
               Vow
            
             bind
             not
             ;
             the
             invalidity
             thereof
             proceedeth
             not
             meerly
             (
             nor
             indeed
             at
             all
             )
             from
             the
             Rashness
             (
             which
             yet
             is
             a
             very
             common
             error
             amongst
             men
             )
             but
             from
             the
             faultiness
             of
             it
             otherwise
             ,
             in
             respect
             of
             the
             matter
             ,
             or
             thing
             vowed
             to
             be
             done
             ;
             when
             that
             which
             is
             so
             Vowed
             ,
             is
             either
             so
             evil
             in
             it self
             ,
             or
             by
             reason
             of
             circumstances
             ,
             becometh
             so
             evil
             ,
             that
             it
             cannot
             be
             performed
             without
             sin
             .
          
           
             5.
             
             That
             therefore
             concerning
             the
             Vow
             in
             the
             present
             case
             ,
             I
             declared
             my
             Opinion
             that
             it
             is
             not
             at
             all
             obligatory
             ;
             it
             is
             done
             upon
             this
             ground
             (
             which
             is
             a
             most
             certain
             truth
             ,
             and
             consented
             to
             by
             all
             )
             that
             
               Rei
               illicitae
               nulla
               obligatio
            
             .
             If
             a
             man
             shall
             Vow
             any
             thing
             that
             is
             contrary
             to
             Piety
             ;
             as
             if
             having
             taken
             offence
             at
             some
             indiscreet
             passage
             in
             a
             Sermon
             of
             his
             own
             Minister
             ,
             he
             should
             vow
             that
             he
             would
             never
             come
             to
             the
             Church
             ,
             or
             hear
             him
             Preach
             again
             ,
             :
             Or
             that
             is
             contrary
             to
             
             Iustice
             ,
             as
             to
             take
             away
             the
             life
             of
             an
             innocent
             person
             ,
             as
             those
             40
             persons
             that
             had
             vowed
             they
             
               would
               neither
               eat
               nor
               drink
               till
               they
               had
               slain
            
             Paul
             :
             Or
             never
             to
             make
             restitution
             to
             one
             whom
             he
             knew
             he
             had
             wronged
             :
             Or
             contrary
             to
             Charity
             ;
             as
             to
             be
             revenged
             of
             ,
             or
             never
             to
             be
             friends
             with
             one
             that
             had
             done
             him
             wrong
             :
             Or
             that
             is
             contrary
             to
             Mercy
             ;
             as
             if
             having
             lost
             some
             money
             by
             lending
             to
             his
             friend
             ,
             or
             having
             smarted
             by
             suretiship
             ,
             he
             should
             vow
             never
             to
             lend
             any
             man
             money
             ,
             or
             become
             surety
             for
             any
             man
             again
             .
             Let
             such
             a
             Vow
             ,
             I
             say
             ,
             as
             any
             of
             these
             ,
             or
             any
             of
             the
             like
             nature
             ,
             be
             made
             either
             rashly
             ,
             or
             deliberately
             ,
             and
             strengthened
             with
             Oaths
             and
             Imprecations
             ,
             in
             the
             most
             direful
             and
             solemn
             manner
             that
             can
             be
             devised
             to
             tie
             it
             on
             the
             faster
             ;
             yet
             it
             is
             altogether
             null
             and
             invalid
             as
             to
             the
             eff●ct
             of
             Obligation
             .
             Whence
             those
             common
             sayings
             ,
             
               In
               male
               promissis
               rescinde
               fidem
               ;
               ne
               sit
               juramentum
               vinculum
               iniquitatis
               ,
            
             &c.
             
             And
             we
             have
             a
             good
             president
             for
             it
             in
             David
             ,
             after
             he
             had
             in
             a
             rage
             vowed
             the
             destruction
             of
             Nabal
             ,
             and
             all
             that
             belonged
             to
             him
             ;
             which
             vow
             ,
             upon
             better
             consideration
             ,
             he
             not
             only
             did
             not
             perform
             ,
             but
             he
             blessed
             God
             also
             ,
             for
             so
             providentially
             preventing
             the
             
             performance
             of
             it
             ,
             by
             the
             discreet
             demeanor
             and
             intervention
             of
             Abigail
             .
          
           
             6.
             
             Now
             the
             reason
             why
             such
             vows
             are
             not
             binding
             ,
             is
             very
             cogent
             and
             clear
             ;
             Even
             because
             the
             party
             at
             such
             time
             as
             he
             is
             supposed
             to
             have
             made
             such
             Vow
             as
             aforesaid
             ,
             lay
             under
             another
             (
             a
             former
             ,
             and
             therefore
             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
             ,
             avoideth
             all
             after-contracts
             with
             any
             other
             :
             And
             if
             a
             man
             convey
             Lands
             to
             several
             persons
             ,
             by
             deeds
             of
             several
             date
             ,
             the
             first
             conv●yance
             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
               ,
               Iustice
               ,
               Charity
            
             ,
             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
             befound
             hard
             I
             believe
             to
             free
             this
             Vow
             from
             being
             repugnant
             to
             the
             rules
             of
             Iustice
             ,
             but
             impossible
             ,
             I
             am
             sure
             ,
             to
             reconcile
             it
             with
             the
             perfect
             Evangelical
             Law
             of
             Charity
             and
             Mercy
             .
             First
             ,
             Civil
             and
             
               Political
               Iustice
            
             ,
             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
             case
             ,
             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
               Iustice
            
             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
             ●hat
             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
             ,
             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
             f●om
             the
             offended
             Father
             ;
             yet
             how
             can
             it
             be
             just
             ,
             that
             for
             the
             Mothers
             fault
             ,
             the
             pour
             in●ocent
             (
             perhaps
             yet
             unborn
             )
             Children
             ,
             should
             be
             utterly
             ,
             and
             irrecoverably
             excluded
             from
             all
             possibility
             of
             relief
             from
             their
             Grandfather
             ?
             
             Secondly
             ,
             It
             is
             (
             if
             not
             unjust
             ,
             yet
             what
             differeth
             very
             little
             there-from
             )
             the
             extremity
             of
             rigid
             Justice
             ;
             that
             any
             offender
             (
             much
             less
             a
             Son
             or
             Daughter
             )
             should
             for
             any
             offence
             ,
             not
             deserving
             Death
             ,
             be
             by
             a
             kind
             of
             fatal
             peremptory
             decree
             ,
             put
             into
             an
             incapacity
             of
             receiving
             relief
             from
             such
             persons
             ,
             as
             otherwise
             ought
             to
             have
             relieved
             the
             said
             offender
             ,
             without
             any
             reservation
             either
             of
             the
             case
             of
             
               extreme
               necessity
            
             ,
             or
             of
             the
             case
             of
             
               serious
               repentance
            
             .
          
           
             11.
             
             However
             it
             be
             for
             the
             point
             of
             Iustice
             ;
             yet
             so
             apparent
             is
             the
             repugnancy
             of
             the
             matter
             of
             this
             Vow
             ,
             with
             the
             Precepts
             of
             
               Christian
               Charity
            
             and
             Mercy
             ;
             that
             if
             all
             I
             have
             hitherto
             said
             were
             of
             no
             force
             ,
             this
             repugnancy
             alone
             were
             enough
             (
             without
             other
             evidence
             )
             to
             prove
             the
             unlawfulness
             ,
             and
             consequently
             the
             invalidity
             ,
             or
             inobligability
             thereof
             .
             It
             is
             (
             not
             an
             Evangelical
             Counsel
             ,
             but
             )
             the
             express
             peremptory
             precept
             of
             Christ
             ,
             that
             we
             should
             be
             merciful
             ,
             even
             as
             our
             heavenly
             Father
             is
             merciful
             .
             And
             inasmuch
             as
             ,
             not
             in
             that
             passage
             only
             ,
             but
             for
             the
             most
             part
             wheresoever
             else
             the
             duty
             of
             mercy
             is
             pressed
             upon
             us
             in
             the
             Gospel
             from
             the
             example
             of
             God
             :
             God
             is
             represented
             to
             us
             by
             the
             Name
             ,
             and
             under
             the
             notion
             of
             
             a
             Father
             ,
             although
             I
             may
             not
             lay
             much
             weight
             upon
             it
             ,
             as
             a
             demonstrative
             proof
             ;
             yet
             I
             conceive
             I
             may
             commend
             it
             as
             a
             rational
             Topick
             ,
             for
             all
             that
             are
             Fathers
             to
             consider
             of
             ,
             whether
             it
             do
             not
             import
             ,
             that
             mercy
             is
             to
             be
             expected
             from
             a
             father
             as
             much
             as
             (
             if
             not
             rather
             much
             more
             then
             )
             from
             any
             other
             man
             ;
             and
             that
             the
             want
             of
             mercy
             in
             a
             Father
             ,
             is
             more
             unkindly
             ,
             more
             unseemly
             ,
             more
             unnatural
             then
             in
             another
             man
             :
             But
             ●his
             by
             the
             way
             ,
             from
             that
             Precept
             of
             Christ
             ,
             we
             learn
             that
             as
             there
             is
             in
             God
             a
             two-fold
             mercy
             ,
             (
             a
             giving
             mercy
             ,
             in
             doing
             us
             good
             ,
             though
             we
             deserve
             it
             not
             ,
             &
             a
             forgiving
             mercy
             ,
             in
             pardoning
             us
             when
             we
             have
             done
             amiss
             :
             )
             so
             there
             ought
             to
             be
             in
             every
             good
             
               Christian
               man
            
             a
             readiness
             (
             after
             the
             example
             of
             God
             )
             to
             shew
             forth
             the
             fruits
             of
             mercy
             to
             others
             ,
             in
             both
             kinds
             ,
             upon
             all
             proper
             and
             meet
             occasions
             .
             So
             that
             if
             any
             person
             ,
             of
             what
             quality
             or
             condition
             soever
             ,
             shall
             upon
             any
             provocat●on
             whatsoever
             Vow
             that
             he
             will
             never
             do
             any
             thing
             for
             such
             or
             such
             a
             man
             ;
             or
             that
             he
             will
             never
             forgive
             such
             or
             such
             a
             man
             :
             every
             such
             Vow
             ,
             being
             
               contra
               bonos
               more
               's
            
             ,
             and
             
               contra
               officium
               hominis
               Christiani
            
             ,
             is
             unlawful
             ,
             and
             bindeth
             not
             .
          
           
             12.
             
             The
             offices
             of
             mercy
             in
             the
             former
             of
             
             those
             two
             branches
             ,
             viz.
             of
             doing
             good
             ,
             and
             affording
             relief
             to
             those
             that
             are
             in
             necessity
             ,
             are
             themselves
             of
             so
             great
             necessity
             (
             as
             the
             case
             may
             be
             )
             that
             common
             humanity
             would
             exact
             the
             performance
             of
             them
             from
             the
             hand
             ,
             not
             of
             a
             stranger
             only
             ,
             but
             even
             of
             an
             enemy
             .
             If
             a
             stranger
             or
             an
             enemies
             Beast
             lie
             weltering
             in
             a
             Ditch
             ,
             a
             helping
             hand
             must
             be
             lent
             to
             draw
             it
             out
             .
             The
             Samaritans
             compassion
             to
             the
             wounded
             Traveller
             in
             the
             Parable
             ,
             Luk.
             10.
             
             (
             There
             being
             a
             feud
             ,
             and
             that
             grounded
             upon
             Religion
             ,
             which
             commonly
             of
             all
             others
             ,
             is
             the
             most
             deadly
             feud
             between
             the
             two
             Nations
             )
             is
             commended
             to
             our
             example
             ,
             to
             the
             great
             reproach
             of
             the
             Priest
             and
             Levite
             ,
             for
             their
             want
             of
             Bowels
             to
             their
             poor
             Brother
             of
             the
             same
             Natio●
             and
             Religion
             with
             themselves
             ;
             For
             the
             nearer
             the
             Relation
             is
             between
             the
             Parties
             ,
             the
             stronger
             is
             the
             obligation
             of
             shewing
             mercy
             either
             to
             other
             .
             And
             there
             is
             scarce
             any
             relation
             nearer
             ,
             and
             more
             obliging
             ,
             then
             that
             of
             Parents
             and
             Children
             .
          
           
             Our
             Saviour
             ,
             who
             in
             Matth.
             15.
             sharply
             reproved
             such
             vows
             ,
             (
             though
             made
             with
             an
             intention
             to
             advance
             the
             Service
             of
             God
             ,
             by
             inriching
             his
             Treasury
             (
             as
             hindred
             Children
             from
             relieving
             their
             parents
             ,
             will
             not
             certainly
             approve
             of
             such
             vows
             (
             made
             without
             any
             other
             
             intention
             then
             to
             gratifie
             rage
             ,
             and
             impatience
             )
             as
             hinder
             Parents
             from
             relieving
             their
             Children
             .
          
           
             13.
             
             If
             to
             avoid
             the
             force
             of
             this
             argument
             ,
             it
             shall
             be
             alledged
             ,
             that
             the
             Daughters
             disobedience
             ,
             in
             a
             business
             of
             so
             high
             concernment
             ,
             might
             justly
             deserve
             to
             be
             thus
             severely
             punished
             ,
             and
             that
             it
             were
             but
             equal
             that
             she
             ,
             who
             had
             so
             little
             regard
             to
             her
             Father
             ,
             when
             the
             time
             was
             ,
             should
             be
             as
             little
             regarded
             by
             him
             afterwards
             .
             All
             this
             granted
             ,
             cometh
             not
             yet
             up
             to
             the
             point
             of
             shewing
             Mercy
             according
             to
             the
             example
             of
             God.
             No
             Childs
             disobedience
             can
             be
             so
             great
             to
             an
             earthly
             Parent
             ,
             as
             ours
             is
             to
             our
             heavenly
             Father
             :
             Yet
             doth
             he
             notwithstanding
             all
             our
             ill
             deservings
             continually
             do
             us
             good
             ,
             communicating
             ▪
             to
             our
             necessities
             ,
             and
             causing
             his
             Sun
             to
             shine
             ,
             and
             his
             Rain
             to
             fall
             ,
             and
             infinite
             benefits
             in
             all
             kinds
             to
             descend
             upon
             mankind
             ,
             not
             excluding
             the
             most
             thankless
             ,
             and
             disobedient
             ,
             and
             rebellious
             ,
             from
             having
             a
             share
             therein
             .
          
           
             14.
             
             And
             as
             for
             that
             other
             branch
             of
             mercy
             in
             
               pardoning
               offences
            
             ,
             God
             giveth
             a
             rich
             example
             to
             all
             men
             ,
             of
             their
             duty
             in
             that
             kind
             ,
             (
             and
             to
             Fathers
             particularly
             (
             by
             his
             great
             readiness
             to
             pardon
             the
             greatest
             offenders
             ,
             if
             they
             sincerely
             
             seek
             to
             him
             for
             it
             .
             If
             the
             Father
             in
             the
             Parable
             ,
             Luke
             15.
             had
             proceeded
             with
             such
             severity
             against
             his
             riotous
             Son
             ,
             as
             to
             have
             vowed
             never
             to
             have
             received
             him
             again
             ;
             he
             had
             been
             a
             very
             improper
             ●xemplar
             ,
             whereby
             to
             shadow
             out
             the
             mercy
             of
             God
             to
             repentant
             sinners
             .
             Concernin●
             the
             great
             importance
             of
             this
             duty
             ,
             which
             is
             so
             frequently
             inculcated
             by
             Christ
             and
             his
             Apostles
             ,
             and
             so
             peremptorily
             enjoyned
             ,
             as
             not
             any
             other
             duty
             more
             .
             See
             Matt.
             6.4
             ,
             15.
             
             Matt.
             18.21
             .
             —
             35.
             
             Eph.
             4.32
             .
             Col.
             3.13
             .
             Iames
             2.13
             .
             See
             also
             Sirac
             .
             28.1
             ,
             &c.
             ]
             I
             shall
             not
             need
             to
             say
             much
             ;
             only
             as
             to
             the
             present
             Case
             ,
             it
             would
             be
             considered
             ,
             how
             perverse
             a
             course
             it
             is
             ,
             and
             contradictory
             to
             it self
             ,
             for
             a
             man
             to
             think
             himself
             obliged
             by
             one
             inconsiderate
             act
             ,
             never
             to
             forgive
             his
             Daughter
             ;
             when
             as
             yet
             he
             cannot
             beg
             pardon
             of
             his
             own
             sins
             ,
             at
             the
             hands
             of
             God
             ,
             (
             as
             he
             ought
             in
             his
             daily
             Prayer
             to
             do
             )
             without
             an
             express
             condition
             of
             forgiving
             every
             body
             ,
             and
             an
             implicit
             imprecation
             upon
             himself
             ,
             if
             he
             do
             not
             .
          
           
             15.
             
             But
             shall
             the
             Daughter
             that
             hath
             thus
             grieved
             the
             spirit
             of
             her
             Father
             ,
             thus
             escape
             unpunished
             ,
             and
             be
             in
             as
             good
             a
             condition
             as
             if
             she
             had
             never
             offended
             ?
             And
             will
             not
             
             others
             be
             incouraged
             by
             her
             impunity
             ,
             to
             despise
             their
             Parents
             after
             her
             example
             ?
             There
             is
             much
             reason
             in
             this
             objection
             ;
             and
             therefore
             what
             I
             have
             hitherto
             written
             ,
             ought
             not
             to
             be
             understood
             ,
             as
             if
             thereby
             were
             intended
             such
             a
             plenary
             indulgence
             for
             the
             daughter
             ,
             as
             should
             restore
             her
             
               in
               integrum
            
             ,
             but
             only
             that
             she
             should
             be
             made
             capable
             of
             receiving
             such
             relief
             from
             her
             Father
             ,
             from
             time
             to
             time
             ,
             as
             in
             relation
             to
             her
             necessities
             ,
             and
             after-carriage
             ,
             from
             time
             to
             time
             ,
             should
             seem
             reasonable
             ;
             and
             that
             his
             Vow
             ought
             not
             to
             hinder
             him
             from
             affording
             her
             such
             relief
             .
             But
             by
             what
             degrees
             ,
             and
             in
             what
             proportion
             ,
             the
             Father
             should
             thus
             receive
             his
             daughter
             into
             his
             fatherly
             affection
             ,
             and
             relieve
             her
             ,
             must
             be
             left
             to
             discretion
             ,
             and
             the
             exigence
             of
             circumstances
             .
             Only
             I
             should
             advise
             (
             in
             order
             to
             the
             objection
             ,
             viz.
             for
             examples
             sake
             ,
             and
             that
             the
             daughter
             might
             be
             made
             ,
             even
             to
             her
             dying
             day
             ,
             and
             kept
             ,
             sensible
             of
             her
             great
             and
             sinful
             disobedience
             to
             her
             Fath●r
             )
             that
             the
             Father
             should
             cut
             off
             from
             his
             Daughter
             ,
             and
             her
             Posterity
             ,
             some
             meet
             portion
             of
             his
             Estate
             ,
             (
             as
             perhaps
             a
             fifth
             part
             at
             the
             least
             ;
             or
             if
             a
             fourth
             ,
             or
             a
             whole
             third
             part
             ,
             I
             should
             like
             it
             the
             better
             ;
             )
             and
             by
             a
             solemn
             deliberate
             vow
             ,
             dedicate
             
             the
             same
             to
             be
             yearly
             imployed
             in
             some
             pious
             and
             charitable
             uses
             .
             These
             times
             will
             afford
             him
             choice
             of
             objects
             ,
             if
             God
             shall
             move
             his
             heart
             so
             to
             do
             ;
             and
             by
             so
             doing
             ,
             he
             may
             ,
             First
             ,
             in
             some
             sort
             redeem
             ,
             and
             make
             a
             kind
             of
             satisfaction
             for
             his
             former
             Rashness
             ,
             (
             not
             Popishly
             understood
             ,
             and
             in
             regard
             of
             the
             
               Iustice
               of
               God
            
             ,
             but
             )
             in
             a
             moral
             sense
             ,
             and
             in
             regard
             of
             the
             World
             ,
             and
             his
             own
             
               Conscience
               .
               Secondly
            
             ,
             it
             may
             be
             a
             good
             means
             to
             keep
             the
             Daughter
             in
             a
             continual
             fresh
             remembrance
             of
             her
             fault
             ,
             that
             she
             may
             not
             ,
             after
             a
             short
             and
             slight
             repentance
             (
             as
             in
             such
             cases
             too
             often
             it
             happeneth
             )
             forget
             the
             same
             ;
             whereof
             she
             ought
             to
             have
             some
             remorse
             all
             the
             daies
             of
             her
             life
             .
             Thirdly
             ,
             he
             shall
             thereby
             after
             a
             sort
             ,
             perform
             his
             first
             vow
             ;
             I
             mean
             according
             to
             the
             general
             inte●tion
             thereof
             ,
             and
             the
             rational
             part
             ,
             (
             which
             was
             to
             make
             his
             Daug●ter
             repent
             her
             folly
             ,
             and
             to
             smart
             for
             it
             :
             )
             the
             over-plus
             more
             tha●●his
             ,
             being
             but
             the
             fruit
             of
             rancor
             and
             pertu●bation
             .
             Lastly
             ,
             he
             shall
             in
             so
             doing
             ,
             doubly
             imitate
             God
             ,
             our
             heavenly
             Father
             .
             First
             ,
             when
             a
             rash
             or
             sinful
             act
             is
             made
             an
             occasion
             of
             a
             pious
             or
             charitable
             work
             ,
             it
             beareth
             some
             resemblance
             of
             ,
             or
             rather
             is
             indeed
             it self
             a
             gracious
             effect
             of
             that
             goodness
             and
             wisdom
             in
             God
             ,
             whereby
             he
             bringeth
             light
             out
             of
             darkness
             ,
             and
             good
             out
             of
             evil
             .
             Secondly
             ,
             God
             Himself
             when
             he
             graciously
             pardoneth
             
             an
             high
             presumptuous
             sin
             ,
             as
             he
             did
             Davids
             great
             sin
             ,
             in
             the
             matter
             of
             Vriah
             ,
             commonly
             layeth
             some
             lasting
             affliction
             upon
             the
             offender
             ,
             as
             he
             did
             upon
             David
             ,
             who
             after
             the
             sealing
             his
             pardon
             for
             that
             sin
             by
             Nathan
             ,
             scarce
             ever
             had
             a
             quiet
             day
             all
             his
             life
             long
             .
             The
             reason
             whereof
             seemeth
             to
             be
             double
             ,
             partly
             for
             admonition
             to
             others
             ,
             that
             none
             presume
             to
             provo●e
             God
             in
             like
             manner
             ,
             lest
             they
             smart
             for
             it
             also
             in
             like
             manner
             ;
             and
             partly
             for
             the
             good
             of
             the
             offender
             ,
             that
             he
             may
             by
             the
             smart
             be
             brought
             to
             the
             deeper
             sense
             of
             his
             error
             ,
             and
             be
             eftsoons
             reminded
             of
             it
             ,
             lest
             he
             should
             too
             soon
             forget
             it
             .
          
           
             
               Thus
               have
               I
               with
               very
               much
               ado
               ,
               (
               in
               that
               weak
               condition
               I
               have
               been
               in
               ,
               ever
               since
               the
               question
               came
               to
               my
               hands
               ,
               and
               wherein
               I
               yet
               continue
               )
               declared
               my
               opinion
               fully
               concerning
               the
               whole
               business
               as
               far
               as
               I
               understand
               it
               .
               More
               largly
               I
               confess
               than
               I
               intended
               ,
               or
               perhaps
               was
               needful
               ;
               and
               with
               greater
               severity
               than
               (
               it
               may
               be
               )
               the
               parties
               will
               well
               like
               of
               .
               But
               truly
               I
               desired
               to
               do
               the
               part
               of
               a
               faithful
               Confessor
               ,
               and
               the
               sores
               on
               both
               parts
               seemed
               to
               be
               such
               as
               were
               not
               to
               be
               touched
               with
               too
               gentle
               a
               hand
               :
               In
               the
               Daughter
               ,
               an
               act
               of
               high
               disobedience
               ,
               transported
               by
               the
               passion
               of
               inordinate
               love
               ;
               and
               in
               the
               Father
               an
               act
               of
               great
               Rashnes●
               ,
               transported
               by
               the
               passion
               of
               inordinate
               anger
               :
               both
               beyond
               the
               bounds
               of
               right
               Reason
               ,
               a●d
               Religion
               ;
               and
               both
               to
               be
               deeply
               repented
               of
               .
               Howsoever
               ,
               I
               cannot
               be
               suspected
               to
               have
               written
               any
               thing
               ,
               either
               out
               of
               favour
               for
               ,
               or
               prejudice
               against
               either
               party
               ;
               not
               having
               the
               least
               conjecture
               who
               the
               persons
               are
               that
               are
               concerned
               in
               the
               business
               ;
               nor
               so
               much
               as
               in
               what
               part
               of
               the
               Nation
               they
               live
               .
               I
               shall
               pray
               that
               God
               would
               direct
               them
               both
               ,
               to
               do
               that
               which
               may
               best
               serve
               to
               his
               glory
               ,
               and
               bring
               the
               soundest
               comfort
               to
               their
               own
               souls
               .
            
             Amen
             .
          
        
         
           FINIS
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A61830-e4210
           
             (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)
             Numb
             .
             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)
             
               Iurare
               nihil
               est
               aliud
               quàm
               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)
             Numb
             .
             30.3
             .
          
           
             (b)
             
               Quod
               initio
               vitiosum
               est
               ,
               non
               potest
               tractu
               temporis
               convalescere
               ,
            
             L.
             29.
             
             
               F.
               de
               Div.
               Reg.
               ju
            
             .
          
           
             (c)
             
               In
               stipulationibus
               id
               tempus
               spectatur
               quo
               contrahimus
               .
            
             L.
             18
             ,
             F.
             eodem
             .
          
           
             (a)
             Rom.
             7.23
             .
          
           
             (b)
             
               Vota
               uxorum
               vel
               serv●rum
               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
             ,
             2.
             
          
        
         
           Notes for div A61830-e24260
           
             Senec.
             1.
             
             
               De
               Clem.
            
             24.