Two cases of conscience: resolved by the Right Reverend Father in God Robert Sanderson Late Lord Bishop of Lincoln. Sanderson, Robert, 1587-1663. 1668 Approx. 62 KB of XML-encoded text transcribed from 50 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A94192 Wing S643A ESTC R201215 43077595 ocm 43077595 151688 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A94192) Transcribed from: (Early English Books Online ; image set 151688) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2272:8) Two cases of conscience: resolved by the Right Reverend Father in God Robert Sanderson Late Lord Bishop of Lincoln. Sanderson, Robert, 1587-1663. [2], 92 p. Printed by E.C. for C. Wilkinson at the Black-Boy over against St. Dunstans Church in Fleetstreet, London; : 1668 Reproduction of original in: William Andrews Clark Memorial Library, University of California, Los Angeles, California. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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TWO CASES OF Conscience : RESOLVED By the Right Reverend Father in GOD Robert Sanderson Late Lord Bishop of LINCOLN . LONDON ; Printed by E. C. for C. Wilkinson at the Black-Boy over against St. Dunstans Church in Fleetstreet , 1668. 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 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 dayes journey , through unknown wayes , 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 kinde of answer : Wherein , albeit I shall not come up to the sull , of what your Letter declareth to be your desire , viz. In giving a particular Judgment , 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 farr 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 Soveraign 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 withall , imprint a sense , and tacite acknowledgement of such a duty of Allegiance , in every inferior member of the body , unto the Caput Communitatis , or Soveraign 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 , ●●●cified in the Oath , then 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 ; In so much , that it hath thereupon gained , in common usage of speech , the style 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 subje●● 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 endeavor of exercising it ▪ can be effectually serviceable to restore the Soveraign 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 Oathes of Supremacy or Allegiance , acknowledged ; or that not having taken either Oath , yet otherwise knoweth , or believeth , that the Soveraign 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 transferr 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 Soveraign , 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 Armes 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 Soveraignty 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 ow their bounden Allegiance , is rightly rested 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 Soveraign ? 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 expressed 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 otherwayes 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 strongly reported and believed , that the King hath given way to the taking of the Engagement , rather than that his good Subjects , should loose their Estates for refusing 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 confideration 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 fufficiently 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 Quaere contained in your Postscript , viz. Whether upon supposition , that the words of the Engagement , will bear more constructions then 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 endeavor to give you my thoughts therein , ( wherein I acknowledge to have received much light and satisfaction , from a discourse written by a very 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 custom of speech , and the nature of the business which it concerneth , is so gross a conceit ; that had not the impudence of the Jesuits , 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 n●ght 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 another 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 behoof , 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 therefrom . 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 cafe it is not necessary , nor alwayes 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 such 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 overscrupulous diligence , to make it out , whereby to lay a greater obligation upon himself , than he needed to doe . 3. But then Thirdly , if it shall happen ( as often it cometh to pass , when we have to deal with cunning men , and may possible be the Case now , and undoubtedly was so in the business of the Protestation , when the time was ) That he that requireth the faith to be given , do of purpose so contrive the words , that there may be left 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 wayes 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 , then 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 lefs . 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 to 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 loath 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 capable 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 faithful ; 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 Supreme Power , as their right and due . Or else that promise of such a kind of fidelity , as Captives taken in the Warr promise to their Enemies , when they fall under their power ; viz. to remain true Prisoners of warr , 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 intire body of the English Nation , as it is a Civil Society or State within it self , distinguished from all other Foraign 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 Soveraign Power of this Nation , whereunto I ow Aliegiance 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 their 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 Countrey , and preservation of Civill 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 the 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 farr . 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 conscientious men of the Royal Party , as well Divines and Lawyers , as others , have thus understood it : who we presume would not for any outward respect 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 carryed , 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 then Usurpers , must be in reason supposed to require no more assurance of them by the Engagement , then 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 procedings , 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 assurance 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 , so perfectly and succesfully hitherto , as to possess themselves so fully os the Supreme Power of so great and flourishing a Kingdom , in so few years , would be so impolitick as not to proceed by the same rules , 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 ( waying 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 lawful 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 dammage , 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 then suffer extreme prejudice , in his person , estate , or necessary relations , shall subscribe the Engagement ; Since his own heart condemneth 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 friends satisfaction ; yet you would not deliver any Copies abroad , least they should come to be printed , as some other papers of mine , written in this manner have been , without my knowledge . 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 least 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 VOW 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 Mariage 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 hers any part of his Estate . QUAERE : Whether the Father's 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 proposal 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 strong 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 & dis●ussae deliberationi , as they express it ; For it is to be considered , that when an injury , disobedience , or other affront is strongly resented , it many times taketh 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 parties , 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 of the first Vow in the present case , did proceed apparantly 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 Vow . 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 farr useful in the present Case , that the more deliberate those after-acts were , the more culpable they are , and the less capable either of Excuse , or Extenuation ; and consequently doe 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 pre●isely 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 al 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 , whereunto 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 worst . 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 Justice ; 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 tye it on the faster ; yet it is altogether null and invalid as to the effect of Obligation . Whence those common sayings , In mālè promiss is 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 vowes 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 ●o disoblige himself therefrom , at his own pleasure , or to superinduce upon himself a new Obligation contrary thereun●o : Obligatio prior praejudicat ●osteriori . 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 conveyance standeth good , and all the rest are void ; and so in all cases o● like nature . The Obligatory power therefore that is i● Vows , Oaths , Promises , &c. i● rightly said by some , to be 〈◊〉 constructive , not a destructiv● power . The meaning is tha● such acts may create a new Obligation , where was non before , or confirm an old one but it cannot destroy an ol● one , or substitute another contrary thereunto , in the plac● 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 alwayes 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 Gods Commandments : it were unreasonable to think that it should be in our power , by any after-act of ours to disoblige our selves from both , or either of those obligations . For then we might by the same reason free our selves from the obligation of that latter Act also ( suppose an Oath , or Vow ) by another subsequent Oath , or Vow ; and from that again by another : and so play fast and loose , make Vows and break them in infinitum . Evident it is therefore , that every vow requiring any thing to be done , which is repugnant to any office of Piety , Justice , 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 be found hard I believe to free this Vow , from being repugnant to the rules of Justice , but impossible I am sure , to reconcile it with the perfect Evangelical Law of Charity and Mercy . First , Civil and Political Justice , requireth that every man should obey the wholesome 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 dye in great want , leaving his Wife , and many small Children behind him , destitut● of all means for their necessar● sustenance . The Law would ( as I suppose ) in that case , upon complaint of the Parish , and for their ease , send the Daughter and her Children to the Father , and compel him to maintain them out of his Estate . Which order he ought to obey , nor can refuse so to do , without the high contempt of publick Authority , and manifest violation of the Civil Justice , notwithstanding his Vow to the contrary : The Law must be obeyed whatsoever becometh of the Vow ; in that case therefore it is evident the Vow bindeth not . 9. But say ▪ that should not happen to be the case ( which yet is more then any man can positively say before-hand : ) the Parent is nevertheless in Moral Justice bound to provide due maintenance for his Children and Grand-Children if he be able . St. Paul saith that Fathers ought to lay up for the Children . True it is , he speaketh it but upon the by , and by way of Illustration , in the handling of another argument , very distant from this business : but that doth not at all lessen the importance of it , such illustrations being ever taken à notiori , and from such common notions as are granted , and consented unto by all reasonable men . The same Apostle having amongst other sins of the Gentiles , mentioned disobedience to Parents in one verse , in the very next verse , mentioneth also want of natural affection in Parents . And the disobedience in the Childe can no more discharge the Parent from the obligation of that duty he oweth to the Childe , of affection , and maintenance , then the unnaturalness of the Parent , can the Childe 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 Childe ( 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 Childe for the present , and to resolve so to continue till he shall see cause to the contrary . And another thing to binde himself by Vow or Oath , never to allow him any for the future , whatsoever should happen . Let be granted whatsoever can be supposed pleadable on the Fathers behalf , in the present case : yet there will still remain two particulars in this Vow , not easily to be cleared from being unjust . First , let the Daughters disobedience deserve all this uttermost of punishment , from the offended Father ; yet how can it be just , that for the Mothers fault , the poor innocent ( perhaps yet unborn ) Children , should be utterly , and irrecoverably excluded , from all possibility of relief from their Grand-Father ? Secondly , It 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 kinde 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 Justice ; 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 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 unkindy , more unseemly , more unnatural then in another man : But this 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 , and 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 kindes upon all proper , and meet occasions . So that if any person , of what quality or condition soever , shall upon any provocation 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 , Luke 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 Nation , 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 anyother 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 Childes 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 mankinde , 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 kinde , ( 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 exemplar , whereby to shadow out the mercy of God to repentant sinners . Concerning 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 Mat. 6. 4 , 15. Mat. 18. 21. — 35. Eph , 4. 32. Col. 3. 13. James 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 . Onlyl 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 Father ) 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 kinde of satisfaction for his former Rashness , ( not Popishly understood , and in regard of the Justice 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 dayes of her life . Thirdly , he shall thereby after a sort , perform his first vow ; I mean according to the general intention thereof , and the rational part , ( which was to make his Daughter repent her folly , and to smart for it : ) the over-plus more then this , being but the fruit of rancor and perturbation . 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 a high presumptuous sin , as he did Davids great sin , in the matter of Uriah , 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 provoke 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 eft-soons 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 largely I confess then I intended , or perhaps was needful : and with greater severity , then ( 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 Rashness , transported by the passion of inordinate anger : both beyond the bounds of right Reason , and 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 A94192-e160 Senec. 1. De. Clem. 24.