A Second Parcel of Objections Answered, Appendix – Errata
The Appendix concerning the Cheshier and Lancashier-Minister's Plea for Non-Subscribers.
THese are my thoughts of the doubts which you mention, to bee in the thoughts of your friends: one thing as an Appendix you add more, which as an appendix to all these foregoing discourses between you and mee, I shall further also consider: and therewith conclude all further conferences on this Subject, except you shall desire the continuance thereof.
Your words are these. I finde (saie you) that the Treatise of the Lancashier-Ministers seem's to bee of great weight and strength, with manie good men: If a cleer Answer could bee given, to what therein is most substantial, it would give great satisfaction.
Truly I do confess, that that Treatise hath a seeming strength in it; and I believ that it doth take much with manie good men, that are oft-times but weakly principled in these matters; but I must confess, that to mee, that Treatise hath no weight nor strength at all; and becaus you laie it before mee, as a means to give great satisfaction, if there were a cleer Answer given to that, which therein is most substantial, I shall with as much brevitie as I can, shew you wherein I finde it substantially weak.
First then, I shall offer to your consideration, whether at all, by all which they have said, anie of these grounds bee shaken, which I have insisted upon all along, to shew the conscionableness of taking the Engagement; to my understanding (I profess) I finde not that they have directly touched, or medled with anie of my grounds to anie purpose at all; for which caus, as I have no Engagement at all upon my spirit, to deal with their plea: so I think it neither needful, nor discretion in mee, to take the task of other men upon mee, who are better able to maintein their own positions then I am: therefore I shall saie nothing to the whole Appendix of their Treatise, which contein's the Answers which they give to the Arguments, which other defenders of the Engagement have brought for it; and the Replies which they make to the solutions of the doubts, which are alleged against it: wherein little or nothing is touched of that, which is my plea for it.
But secondly, if I were to deal upon som other account, with these Non-subscribers about their Plea, either in charitie to themselvs, to set them right; or in compassion towards others, to undeceiv such as think their reasons weightie, I would saie nothing to their preliminarie discourses, from page the first till the tenth, for as I would have all men bee towards my self; so I would bee towards them in my thoughts; and consequently, I do charitably believ of them, that they have truly delivered not onelyonly the series of their thoughts, concerning their own case and condition, in reference to the present and former estate of affairs; but also the motives which have conscionably induced them to publish the reasons of their dissatisfaction at the taking of the Engagement; nor would I set my self to observ narrowly the Method of their proceeding; but I would endevor in simplicitie and truth, to examine and remove the grounds of their dissatisfaction, that their desires so far as they are truly christian, and equitable might bee fulfilled: and with these preliminarie dispositions of minde, on my part, I would first com to state the Question between mee and them, to know how innocent upon the whole matter, their plea for non-subscribing might bee found: and then in the second place, I would propose the Principles, and the manner of proceeding, by which wee might com to the decision, and determination of that Question. These things would bee requisite to handle the matter throughly with them: but to let you, or anie equitable reader understand, where the invaliditie of the substance of their plea doth lie, as to my conception; I shall not need to proceed by so manie degrees; for one that is not prepossessed, as the Pleaders may bee, it will suffice to shew, what the full strength of their whole plea is, as they propose it; and then where that strength doth fail them to make out their main purpose.
Their main purpose is to shew, that to subscribe the Engagement, is a thing inconsistent with a good Conscience, and therefore ought not to bee pressed upon them.
To make this appear, they do two things; First, they construe the Engagement, and declare the sens, wherein they think it is to bee taken. Secondly, they allege the reasons, for which they cannot take and subscribe it, in that sens and construction: Now if it bee made evident, either that they wholly misconstrue the Engagement, and therefore ought not to take it in that sens, wherein they declare they understand it; or that supposing their sens in som respect to bee tolerable; yet that the main grounds of the Reasons which they rais upon that sens, will not reach to the proof of their conclusion; then I suppose, it will cleerly follow, that their whole discours is of no soliditie: not onelyonly, becaus they mistake the whole case of Conscience in reference to the Engagement; and so bring in all their reasons upon a meer mistake; but also, becaus the grounds of their reasons are not sound to evince their purpose, although the case were not mistated. Now to mee, both these waies the Treatise is unsatisfactorie; for I think it may bee made out very fully; that they not onelyonly misunderstand the Engagement; but that their reasons prove not what they intend, for so far as they misunderstand it not.
First, I shall shew you where to mee their mistake lie's, in the sens of the Engagement; and then where their main Reasons are not sound to oblige consciences. Concerning the meaning of the Engagement, they first allege the words; and then complain of the generalitie and ambiguitie thereof; and lastly, deliver the sens, wherein they conceiv it ought to bee taken, by the opening of three things.
1. The Object
of the Engagement.
2. The Matter
3. The Form
By the object they understand a positive, and particular form of Government, erected in the Land, and invested in certain persons, expressed in these words. The Common-wealth of England, as it is now established without a King and Hous of Lords.
By the matter in the words, I will bee true and faithful, they understand not a meer negative and passive cessation, and succumbencie; but a positive devotedness to obedience, and active diligence in doing things commanded; and a mainteining of the Government in beeing, against all competitors, especially against the excluded King, and Hous of Lords; and aversion from promoting anie other government while's this Engagement is in force.
By the Form of the Engagement, in the words, I do declare and promise that I will; they understand an obligation for time to come, indeterminately and without limitation; so that it is onelyonly in the will of the engaged to, to determine the length of the duration of the Engagement.
That which they saie, concerning the matter and form of the Engagement, they stand not much upon; nor shall I think amiss of it, becaus in som respect, all may bee admitted; but the corner-stone of their future building, is that which they saie concerning the object, or the partie engaged to; which I do think, is a very gross mistake, as they have stated it. The words of the Engagement expressing the object, are well alleged, to bee the Common-wealth of England as it is now established, without a King and Hous of Lords; but the sens which they make of this Common-wealth, as thus established, that nothing els should bee meant by it, but a positive and particular form of Government lately erected, and invested in certain persons, is a cleer mistake of the whole foundation of their Plea, against the taking of the Engagement, and maketh all that is built thereupon to bee ruinous: and although they seem to allege som colorable reasons, why these words of the Engagement are to bee taken in this sens; yet if the grounds which they pretend to have, for that construction of the words of the Engagement bee rightly weighed, they will appear exceeding weak: and evidently contrarie to the minde of the autors of the Engagement, and their words in the express Declarations, directly relating to this matter, contrarie to the rational construction of the words of the Engagement, look't upon barely in themselvs: and contrarie to the Rules of Christian equitie, and ingenuitie, observable by good subjects in a business of this nature.
First, by the Margin of their Plea, they intend to color their interpretation from the words of an Act, for a daie of humiliation, April. 19. 1649. and out of som other Acts indefinitely vouched; which intimate onelyonly that, there is a government now setled in the waie of a Common-wealth, or free-state: I shall grant willingly, that these words are truly vouched; but from them I denie, that it can bee rightly inferred, that therefore the sole and main object of the Engagement is nothing els but the Government, as it is erected, and invested in certain persons; for the settlement of a Government in the waie of a Common-wealth is a thing mainly distinct from that, which is meant properly by a Common-wealth; for such a settlement doth presuppose, that there is a Common-wealth in beeing: for how can a Government bee setled in a Nation after the waie of a Common-wealth, except you presuppose that Nation to have the beeing of a Common-wealth? that is, to bee a State free from servitude, to the dominion of one man's will, to bee a Common-wealth, therefore is somwhat antecedent, to the having of a Government setled in the waie of a Common-wealth.
But secondly, to put it out of all doubt, that this is the true meaning of the autors of the Engagement; I shall refer you, not to som Declarations of theirs, which speak collaterally, and by the by of this matter; as these pleaders do, to lead themselvs and others into a mistake; but to the Declarations, wherein the autors of the Engagement speak to this matter of set purpose, which the Lancashier Ministers ought to have heeded; becaus, Ignorantia legis neminem excusat. There is then an Act, Die Sabbathi 19. Maie, 1640. whereof the title is this.
The Act declaring, and constituting the people of England, to bee a Common-wealth and Free State; and the words thereof are these in the following Paragraphs.
Bee it declared and enacted by this present Parlament, and the Autoritie of the same, that the people of England, and of all the Dominions and territories thereunto belonging, are and shall bee, and are hereby constituted, made, and established, and confirmed to bee a Common-wealth and free State.
This is the first part of the Act, by which wee see cleerly, as also by the title, that they mean properly, by the Common-wealth of England the People collectively taken in their National relation.
The second part of the Act followeth in these words. And shall from henceforth bee governed as a Common-wealth, and free-State, by the supreme Autoritie of this Nation, the Representatives of the People in Parlament, and by such as they shall appoint, and constitute, as Officers and Ministers under them, for the good of the people; and that without anie King and Hous of Lords.
This is the whole Act, by which it is as cleer as the Sun at noon daie, that they take a Common-wealth originally, and properly to bee antecedent to the Government established in it; and therefore that their meaning is, that the object of our fealtie should bee directly, and properly the Common-wealth in this sens; and the Government reductively, as it is setled in a Common-wealth-waie, which they define to bee in the supreme and subordinate Officers; the supreme to bee Representatives of the People in Parlament, and the subordinate to bee such, as they shall appoint and constitute under them, &c. whence to my understanding it followeth undeniably, as also from the title, by which the Parlament doth style it self, viz. the Parlament of the Common-wealth of England; that the direct, and principal object of Truth, and faithfulness set before us in the Engagement, is the beeing of a Common-wealth, as in the Act it is explained and established, and that the collateral object of Truth and faithfulness depending hereupon and offered to us in the Engagement as subordinate thereunto, is the manner of the establishment now in beeing, without a King and Hous of Lords; which is the Government in a Common-wealth-waie by Representatives in Parlament, and Officers appointed by them: and as for their expression of the matter; viz. That it is a Government as it is now erected and invested in certain persons, it tend's evidently to corrupt the Reader's minde with a jealousie against the persons in place, as if they would exalt themselvs by the Engagement to bee alone respected as the whole Common-wealth; which I am persuaded is far from their thought.
From all which appeareth, that they complain without caus a of Protean ambiguitie, and too great a Generalitie of the words of the Engagement: General and Ambiguous words are not all one thing: True Generals have as proper a sens in their Comprehensiveness, as particulars have in their Circumscription. But now (becaus men love to misconstrue) when to prevent mistakes, the words are explained in proper significant terms, in what sens they are to bee taken (as by the aforesaid Act is don…) then to mis-interpret them odiously against the sens of the Autors, is not well excusable in the Interpreters. As for Anbiguous words, they are properly such as may bear a different sens of things no waie agreeing in nature, nor any where explained, nor explainable by any rational construction made of them by other words whereunto they are joined; which also cannot bee said of the words of the Engagement, if onelyonly lookt upon by themselvs, in reference to the proposed scope of those that do impose the same. For no intelligent man, looking impartially upon these words, with a reference to the declared aim of those that impose the same can make rationally anie other construction thereof then this; That the object of his Truth and Faithfulness must bee first immediately and directly the Common-wealth of England; and then secondarily by waie of Reduction, and in order thereunto, the Establishment of this Common-wealth as now it stand's by the Government of Parlament, without a King and Hous of Lords; for all intelligent men, if they will bethink themselvs, may know, that the word Common-wealth is taken somtimes for the Collective, somtimes for the Representative Bodie of a people; and that without all ambiguitie; becaus these two Bodies are not in the nature of Humane societie of different kindes; but beeing from one Principle, and to one end, they are alwaies to bee understood joint in their existence, and by their natural properties complicated together; and yet they may bee conceived, and are somtimes offred to our thoughts as distinct in their order and notions: therefore when in the same speech both the notions are distinctly intimated and offered to our apprehehension, and that in their due subordination, it is very irrational for anie man to reject that which is the first and Principal, and take hold onelyonly of the second and subordinate. Now in the words of the Engagement both these Notions are offered as distinct, and in their natural order expressed; for the first and principal Notion; which is the collective Common-wealth, is made the immediate and direct object of our promise as it is distinguished from the other by the denomination of England, which signifie's the bodie of the Nation, as if it were said, I shall bee true and faithful to the People of this Land in their free state and national relation to each other, for common welfare. And then the second and subordinate Notion which is the Representative Common-wealth is made the reductive and mediate object of the Engagement; as it is distinguished from the former by the reduplicative expressions, As it is now established: and the explanatorie termes relating to this establishment, without a King or Hous of Lords. now to make the reduplicative matter of the Engagement to bee the sole object of the promise, when the direct matter is in express termes before mentioned, and to make the representative Common-wealth, the sole thing meant, when the collective or represented Common-wealth is not onlie presupposed in the nature of the thing; but in express words first mentioned, is to mee very irrational and far from ingenuitie, although there were none other exposition of the words else where exstant: but now when both the words in their frame and disposition lie so fair, and there is so clear an expression of them elswhere; then to complain of so much ambiguitie, and upon that complaint to arrest the sens so far; bewraie's a great deal of partialitie and forestalement in the mindes of those that so take it up.
Besides al this, another consideration doth offer it self which may discover the aim of the autors of the Engagement and their sens in imposing it, and will make anie impartialman, who can rationally construe men's actions as wel as their words, perceiv, that the main object of the Engagement cannot bee meant the sole government as invested in certain persons; becaus the persons, who are said to bee the object of the Engagement, do all of them take the same Engagement themselvs, and in the same sens wherein it is offered to others to bee taken: now to say that they in taking it make themselvs the sole object of their Engagement, and do understand by the word Common-wealth of England nothing els but themselves, is to mee so absurd, that I cannot imagine it to be incident to men of ingenuitie; and so injurious to their publick professions (whereby they have declared so manie waies that their Engagements and undertakings are wholly for the People of the land collectively, as they are a Nation; to bee true and faithful to them and to their Libertie) that, for conscience sake, I dare not suspect them to mean otherwise then they profess. And if upon these grounds I am obliged rationally to beleiv that this is the main object of their taking the Engagement, I must also conclude that they intend others should take it in the same waie. And as for the establishment whereof they themselvs are a part being taken not individually but in their state-relation, it is no absurditie that in order to the main object, their state-constitution should bee a secondarie obiect whereunto each of them should bee engaged: and in what sens they are engaged thereunto, it is their meaning that all who take the Engagement should bee analogically in like manner engaged. Now they cannot bee otherwise engaged, to their own state-relation and constitution; but as they are members of the Nation, and so far as they understand that constitution to bee subordinable to the good of the Common-wealth in a collective sens: therefore no bodie els can or ought to bee otherwise engaged thereunto, but as they relate unto the Nation, and as the constitution of the government is in that subordination. And I am very confident that none of them will saie, nor anie that understand themselvs will think oherwise. As for mine own part in all businesses of this Nature, which concern subjection and obedience unto Superior Powers; I conceiv the Rules of Christian Equitie and Ingenuitie oblige mee not to interpret either the actions or the words of my superiors suspitiously in the affection of State-jealousie; but to make the best Construction of them which they possibly can in reason bear; the best use of them which I can according to my dutie intend: and answerable to this rule I have declared my sens of the Engagement, so far as I found in it a clear dutie; and my willingness to bee true and faithful to that dutie. And this is the rule by which I conceiv an ingenious Christian ought to interpret the purpose of the Engagement. Nor is it equitable in him to think that his Christian Rulers would desire anie thing more of him by it, then what this doth com to: therefore I trouble not my head with anie Political onstructions, or conjectural events of my Superior's proceedings, to puzzle my self or others therewith; if I walk within mine own sphere of subjection by a clear rule, I shall bee inclined to wish and hope that others may do so also within their sphere of superioritie; but if they fail, I am not their Judg, I must leav them to God, and bee sorrie for that which seem's to bee their failing; and praie that if it bee a fault, God would rectifie it. Thus you see, how to mee, their main and fundamental position, whereupon their whole plea is afterward grounded, is a meer mistake, and that a very gross one: for they having thus misconstrued the object of the Engagement; upon this mis-stated case they draw up their whole plea in two heads of arguments, whereof the first is taken from the questionableness of this object; the second from their obligation to their former Engagements. The plea taken from the questionableness of this object is from pag. 12 till 35 under two heads. The first is from the Thesis, and general position; That no man can warrantably oblige himself to bee true and faithful to a power or state gotten and held unjustly, whether to afford it a permissive sufferance, or an active support: This is handled from pag. 12 til 19. The second is from the Hypothesis or particular Position that this present power to bee engaged to, is both gotten and held unjustly: which they endeavor to make out in two respects; first in respect of the Government removed or dispossessed, which is insisted upon from pag. 19. til 26. Secondly in respect of that which is erected in stead thereof from pag. 26 till 35.
These are the heads of the first plea; the sum of all which com's to this; that seeing none ought to oblige himself to bee true and faithful to a power which is unjustly gotten and held; aPag. 12.becaus none ought to partake of, bPag. 13, 14.or abet with, cPag. 15and co-operate in, other men's sins; but all ought rather, and especially Ministers, to oppose sin in all; dPag. 16, 17, 18, 19.therefore none ought to oblige himself to be true and faithful to this present power; becaus this present power is unlawfully gotten by the dispossession and removing of the former Government ePag. 20, till 26.without law and right to do so fPag. 26, 27, 28.; and by the erection and investing of it self, fPag. 26, 27, 28.which is a power not known what it is, fPag. 26, 27, 28.nor where it is placed, fPag. 26, 27, 28.nor whence it com's f and is short to h Pag. 30.anie ordinarie use, gPag. 29.and manie waies injurious to the King, Prince, and Peers, and to their respective hereditarie dignities and powers, to the Hous of Lords, to the Hous of Commons, iPag. 31, 32.to the People, and to the Laws of the Land kPag. 33, 34.. Thus the first plea, supposing the object of the Engagement to bee nothing els but the present powers, argue's against them.
Their second plea, relating to former Engagements hath two branches in like manner; the one is from their preingagement, as Subjects, from pag. 35 till 43; the other from their preingagement by sacred oaths from pag. 43 till 57: the sum of all which com's to this; That the Engagement, whereof the present powers are the sole object of Truth and faithfulnes; ought not to bee taken, becaus they are under a tie of subjection to powers Diametrically opposite to these lPag. 35, 36.which are still in beeing; and not at all abolished, mPag. 37, 38.neither by a judicial decree of the settled and supreme Autoritie, nor by anie forcible erection, nPag. 39, 40.nor by God, oPag. 41.nor by the original constitution of the people, pPag. 42.nor by anie Laws or Statutes qPag. 43.: and becaus they are under sacred oaths, rPag. 44 till 51which are diametrically opposite to the powers set up by the Engagement, and which continue still in force to oblige them as unrepealed and unrepealable sPag. 51, till 57. This is the whole strength of their plea: it run's all along upon this mistake, That the Engagement doth intend onelyonly to oblige us to Certain Persons, who style themselvs the Common-wealth, as it is now established without King and Lords, as they themselvs cleerly say pag. 29, and taking this as granted, (which I have shewed to be contrarie to the manifest declaration whereby the Common-wealth is constituted, contrarie to the Rational sens of the words of the Engagement considered by themselvs, and compared with that which the Autors thereof intend by their own taking of it; and contrarie to the equitie and Ingenuitie of Christian men requisite in business of this nature) they build a plausible, but unsound, plea against the Engagement, by contradicting the lawful standing of the present Government. But to overthrow their whole plea at one blow, by that Act which I have evidenced, to bee the true object of the Engagement; I shall argue thus. That Engagement which require's nothing els, but that everie one should bee true and faithful to the Freedom, and Common well-fare of the Nation; as these are now atteinable by the establishment wherein it stand's, everie member of the Nation is bound to take; nor can anie preingagement whatsoëver lawfully hinder anie from taking the same. But this present Engagement require's nothing els but this: therefore all are bound to take it; and there can bee no preingagement lawful to hinder the taking thereof; as for them, they wrest the sens of the Engagement to pick a quarrel against the Autors thereof, that they may bring in matters of fact, concerning the change of the Government odiously against them, and that they may take an opportunitie to interpret the circumstances of their proceedings in reference to the change, as inconsistent with known Laws, and former engagements; but I finding that the Engagement in the obvious and rational sens, wherein it becom's everie private man, and good Christian to reflect upon it, doth contein a cleer Dutie, which I am bound to close with; I give my assent freely to it without anie more ado; and although I am not ignorant, that the Engagement it self doth presuppose a change befallen to the State of the Nation; yet, becaus it doth expresly oblige mee to look upon the Common-wealth onelyonly, as now setled; and in time to com, to perform a lawful dutie towards it, therefore I am not obliged to ravel into former matters, which were antecedent to the change, to examine what hath been don to bring it about, and whether it is com to pass warrantably, or unwarrantably: for I finde not that God doth binde the decision of that matter, to determine the lawfulness or unlawfulness thereof, upon the Conscience of anie private man, such as I am, nor will hee have mee to suspend a dutie, which is necessarie in praesenti, upon the disquirie of such disputable matters; therefore when these pleaders oblige everie private man, to ravel into matters of fact past, and to intangle their Consciences into the Judicature of the causes of the change, before they will suffer them to engage, to bee true and faithful to the Common-wealth as now it standeth, they take tacitely for granted, that which by no means is to bee yielded; and which I in my first considerations have cleerly denied, and proved not to bee warrantable, viz. that everie private man may conscionably take upon him, to bee a Judg of the right, or wrong management of publick affairs; here then is another great weakness of the plea; that before they either make it out, or attempt to shew it lawful for private men to becom Judges of the causes of publick changes, so as to make that Judicature a matter of Conscience to themselvs, they actually undertake upon a conscientious account that judicature, & impose it upon the consciences of their unwarie Readers, definitively to bee look't into; and in effect ground all the reasons of their plea upon this bottom, (which they have no right to determine) viz. that the change of Government hath not been lawfully brought about; and consequently, that the present powers have no right to their places; and consequently, that it is a sin against the Conscience of good subjects, and Christian Covenanters to promise (at the requiring of the present Powers) to bee true and faithful in time to com, to the Common-welfare of the people of the Land, as it is atteinable by the present constitution, which is without a King and Hous of Lords. Now although I should suppose (for argument's sake) their premises, that the change which hath befallen to the government of this Nation, was not lawfully brought about, as to the manner of proceeding therein; yet if I bee lawfully convicted, that it is beyond my sphere, to take upon mee the Judicature of that unlawfulness; and if it bee made probable unto mee by all the former proceedings of Parlament, that for the safetie of the Nation, there was a necessitie of som change of Government; and that the King could not stand in the possession of that Power, which hee was formerly intrusted withal: and if I can conceiv, that when swords are drawn, positive Laws are silent, and when those which manage the Supremacie of power are at variance amongst themselvs, about the fundamentals of their settlement, that then opposite parties in power can act for their own, or the publick safetie, none otherwise, but according to emergencies, and that private men, as good Subjects and Christians ought to acquiesce, and make the best use they can of the result of those emergencies; If (I saie) I am thus principled (and that I ought to bee thus principled in my station, they cannot denie) then it will cleerly follow to my Conscience, that however the change doth fall out, and in whose hand soëver the power doth remain, I am not to make a new quarrel with them for it; nor to binde over my Conscience, to call them to an account of their former transactions about it, to get it in their hand, nor to refuse them that are in place my concurrence towards the procurement of the Common-welfare so far, as it may bee atteinable under their Government, by good and lawful waies; which is the cleer case of the present Engagement to my understanding. And if upon the general matter of fact thus stated (which I suppose will not bee denied) and my conscience thus principled (which I suppose will not bee condemned, and I am sure is not convinced, by anie thing which they saie) they tell mee of particular irregularities in former proceedings, and argue from thence as they do; to conclude, that I ought not for the time to com, to concur with the present powers, in the tenor of the Engagement, though I finde in it a cleer dutie, will not I justly (though I might grant them all their premises) denie their consequence? I shall therefore saie, that although they are incompetent Judges of matters of fact; and have no right to sentence the present powers to bee without right to their places; yet granting that contrarie to positive Laws, and Contracts setled in former times, between the parties then in power, a change is fallen out in the Government, and the powers, upon the change are now altered; (I saie) granting all this, yet it will not follow, that I am bound in Conscience, either to refuse the taking of the Engagement, as it is tendered, or to oppose the present Government, which are the two main things they drive at; but you may see how weakly to a judicious Conscience thus principled. Thus then, over and above the grand mistake of the object of the Engagement, you see here again, is a main flaw in the ground of their reasoning, although there had been no such mistake, and although all the matters of fact which they allege, should bee granted unto them. For let past-matters of fact bee what they will, if it cannot bee made out, that private men, in places of subjection, are obliged in Conscience, to judg definitively of the supreme proceedings of their supreme Rulers; then it cannot also bee warrantable, either for them to take those matters of fact, upon which they ground their Arguments, judicially into their consideration, as they do, in reference to Conscience; or for mee upon their suggestion to define the same in that same relation, and if this cannot bee don warrantably, either by them, or mee, in respect of things past, but I am bound to look onelyonly to that which is at present, and in time to com, my dutie in my place of Subjection: then all the presupposals upon which they draw inferences, to make good their conclusion, have no argumentative strength at all; but are wholly taken off, and made inconsiderable, as to my Conscience.
And if it bee objected here, but how can you dispens with you self, from looking judiciously into matters of fact, of a publick nature; Seeing your former oaths and Engagements have obliged you, to have a respect thereunto, and to becom concurrent, to maintein the former settlement? I answer, that the former oaths could not binde mee, to have a respect, or to bee concurrent towards the former settlement, further then my place, and the station of a private man doth allow mee to meddle therein; now that place and station did allow mee, both then, and now, no more but the use of my judgment of discretion, to look upon the changes of publick affairs so, as might bee most advantagious for mee, to manage mine own resolutions towards a concurrence, in that which might tend most to the publick good in my waie; therefore I took all the Engagements as thus meant; nor is it lawful for anie, to tender anie Engagement unto mee upon anie other terms. Thus then I have still a respect to matters of fact in publick, in my place, by the judgment of discretion, to maintein the settlement which is, as formerly, before the change, I had to maintein the settlement which then was, so long as it was in beeing: but since, without anie concurrence of mine (who was never called to manage a publick trust) the change is fallen out, by the management of those who were in trust, and a new settlement is erected, and an Engagement proposed unto mee, to bee true and faithful to the Common-wealth under it; I finde my self bound in Conscience to take that Engagement, without scrupling, or questioning the title of the power, to the place of Supremacie, wherein I finde them, or without calling them, or others to an account, of the causes of the change; I finde these things without my line, and am not warranted to meddle definitively with them; and if the Cheshier and Lancashier-Brethren had seriously resolved upon this matter, I suppose, they needed not to have troubled themselvs, or others with their plea for Non-subscribers, whereof, perhaps it will bee needless, to shew you anie further my sens of it's fundamental weakness. But yet to go one step further, let us suppose, that som of your friends, whom their plea hath mainly prepossessed, will still scruple, and stick at the plausibleness of their fundamental Argument, as it may bee taken, with som advantage above what the pleaders themselvs have said, from that which I seem to yield: viz. that the Government is som part of the object of the Engagement, whence their scruple may rise thus: if you grant, that this Government is som part of the object, whereunto wee are to engage, to bee true and faithful; and if it doth appear unto us to bee unjust, unwarranted and oppressive, in regard of the atteinment and continued possession; then wee cannot with a good conscience subscribe to bee true and faithful to it; but you grant that the Government is som part of the object, whereunto wee are to engage, to bee true and faithful, and it doth appear to us to bee unjust, unwarranted, and oppressive, &c. therefore wee cannot with a good Conscience subscribe unto it.
To this there is a twofold Answer. First, I grant not that the Government by it self, and solely considered, is offered to us in the Engagement; but as it is reductive to, and complicated with, the main and direct object of our truth, and faithfulness, which is the Common-wealth of England: therefore our Truth and faithfulness is understood to bee engaged to it, as it is reasonable and subservient to the Common-welfare of the people of this Land. Seeondly, I have shewed, that you as private men and Subjects, are not to take upon you the Judicature of the just, or unjust atteinment, and possession of Supremacie of power in your Superiors: but you are to look onelyonly upon the dutie, which is due to them from you, as you are under them, and they undoubtedly in supreme power; if you trouble your Conscience with more then this; you are out of your line, and in a snare, and therefore ought to free your Conscience from the entanglement thereof: nay, although you should not, nor could not, bee otherwise persuaded, but that those who are in supreme power over you had both gotten, and do hold unjustly their power; yet except you could shew, that the Engagement by obliging you, to bee true and faithful to them, doth intend to engage you to bee so to them, in the waie and cours of their injustice, you have no just ground to scruple the taking of the Engagement; for the pleaders themselvs in page 12. confess, that men lawfully may promise to bee true and faithful to an unjust partie, and person, in that which is just and right; If then the Engagement doth intend to require nothing of you, but what is just and right, then, although you cannot laie down the scruple of their unjust acquisition, and possession of power, yet you may for ought that the pleaders have shewed to the contrarie, take the Engagement; for the pleaders have not at all proved, nor ever attempted, to prove, that the Engagement doth intend, to oblige us to powers which are unjust, in the waie and cours of their unjustice, to bee true and faithful to them; but this they take up gratis as a thing granted, though it is not granted, but strongly denied; and so they beg the Question in this business also, which is the fundamental weakness of their plea; as for mine own part, I am cleer in that which formerly hath been said, concerning the object of the Engagement, in the sens which the Act explain's it, and besides, if wee look upon the Act, by which the Engagement is injoined to bee taken, wee shall finde in the Preface thereof the intent for which it is to bee taken, to bee none other but to prevent conspiracies, tumults, and wars against the present settlement, which is a thing absolutely just and lawful, to bee required of Subjects by their Magistrates, and to bee promised by Subjects unto their Magistrates. If then this is the professed and declared purpose of the Engagement, although it should bee never so manifest, that they who are in places of power had gotten, and hold their places unjustly; yet if the Engagement doth oblige these that take it, to nothing but what is just, by the pleader's own confession it may bee taken: therefore I suppose it is abundantly made out, that it obligeth the takers to nothing, but what is just, both in respect of the object, whereunto it engageth us, and in respect of the intent and purpose, for which it is injoined to bee taken.
The last matter of proof which they insist upon, from page 43. till 57. is a plausible allegation of the contradictoriness of former oaths, to the object of the present Engagement, as they deliver it, and of these oaths in force, to oblige to this present time. To make these oaths seem contradictorie to the Engagement, having alleged the words of them which mention an obligation to the King, and kinglie Government, and to the privileges of Parlament, they oppose a Common-wealth-State, and Government, without a King and Hous of Lords, and a Government solely, and onelyonly established in a partie of the Hous of Commons, and then to make them seem still obligatorie; they allege first, the provision of Duration made by the oaths themselvs. Secondly, that the waies and means by which oaths are repealable, and may bee annulled are not appliable to these; Thirdly, that the things sworn to, remain still lawful, and possible, and therefore the oaths still binding.
To these allegations, this is truly, advisedly, without respect of persons, and partial interests to bee said (as in page 46. they desire such as are not of a reprobate minde to judg,) that if the object which they put upon the Engagement, were such as they make it, then indeed there could bee no reconciling of these oaths with this Engagement; but becaus it is evident, that the object of the Engagement is not what they saie it is, but what wee have proved it to bee, viz, the Common-welfare, and Freedom of the People of the Land, in their National association; therefore there is no such contradiction, between the Engagement and the former oaths, as they represent: the difference is onelyonly, that the former Engagements aiming at the same thing, which this doth aim at (viz. the Common-welfare of the people of the Land,) they mention the means then in beeing, by which that aim was to bee prosecuted by all men, in their several places, and so oblige them to make use of them, and to uphold them, so long as it should bee possible, and lawful for them so to do; but this later Engagement doth mention the abolition, or non-existence of those means, and yet doth oblige to the full prosecution of the same aim; which to my understanding doth cleerly take away the contradiction: for I saie, except there bee shewed an opposition, in the intents and purposes of the former and later Engagements, there is no contradiction; but this cannot bee shewed, if the object of the later Engagement bee truly stated: for if it could not bee the meaning of the Laws, by which the former Engagements were established, to intend mainly anie other thing by those oaths, then that the Common-welfare of the people of the Land should bee upheld, by the means and waies mentioned therein; then there can bee no contradiction between them and this Engagement, which doth in express terms intend nothing els. But I suppose it is cleer to all, that the meaning of the Laws, by which these oaths were established, was none other. Therefore there can bee no contradiction between them and this Engagement; for although they mention not the Common-wealth and the Rights annexed to the Imperial Crown, &c. and that no fear, nor terror, nor anie earthlie thing shall make us alter this resolution; this is certainly to bee understood, with this supposal, that the things remaining so as they are, wee shall bee so towards them as wee promise; that is, wee shall endevor to maintein them, and that no fear nor danger shall caus us to alter that resolution; but in case the King's Autoritie should ceas to bee, or ceas to bee just, or in case that state of Parlament-Privileges should com to bee utterly abolished, and the rights annexed to the Imperial Crown made wholly void, then I suppose it is not understood, that I am (notwithstanding such emergencies) obliged to maintein them, and that without anie respect to Common welfare, and without anie respect to the lawfulness and possibilitie of the prosecution thereof, in my place and calling; and if it bee considered, that in extraordinarie emergencies in a state, no positive Constitutions, Laws, and rights are able to keep up the establishment setled upon them; but that in such cases, all men must flie to the fundamentals of the universal law of nature, to do that, which by it's tenor is most warrantable, and expedient for common safetie, and consequently, that in such cases, all circumstances of former Engagements being altered, nothing but the main end, and the main Principles of common safetie and societie, will hold out, and bee obliging: if (I saie) this bee considered in these, and then in Hypothesi applied to our present affairs, and the changes under which God hath brought us, I conceiv it will bee evident enough to perceiv, that the oaths which formerly (as matters then stood between us, as private men, and our Superiors) were lawful, are not now at all in force, as matters now stand between us, as private men, and the superior powers which are over us; if therefore the Brethren that make this plea, for the continued force of former oaths, in respect of circumstantials, to bee obliging to the consciences of private men, would have dealt with us convincingly, and strongly, they should have made it out unto us, either in thesi, that notwithstanding all possible emergencies, such oaths, are still in all respects to bee obliging; or in Hypothesi, that now to us, in this change of State-affairs no such emergencies are fallen out, as are valid, to take off the former circumstantial parts of our obligation; but becaus I finde no such thing proved, nor attempted to bee proved, therefore their plea to mee is weak in this respect also.
These are all the pillars upon which that building of theirs doth stand, which having so weak and sandie foundations, as I have discovered them to have, will fall to the ground, in the thoughts of such, as without prejudice will search into these matters. The particulars need not further to bee insisted upon: becaus they are matters of fact, and of positive Law, which I make not my work to dive into, so as to build anie conscientious judgment of doubtful matters thereupon, in these emergencies to steer my cours by. And becaus the chief things therein considerable, which relate unto Conscience, are either fully resolved in other Treatises, and particularly in the Memorandums of the conferences, which lately I sent unto you; or will receiv a more particular cleering from som papers, which I have in a readiness, to bee made communicable unto you, and others, who stagger in their waie, and stumble at these stumbling stones, I shall continue to praie unto the Lord, that wee may all bee more and more inlightned, and directed to impart the light, which wee have received in the spirit of meekness, and love one to another, without anie other end or design, then our mutual edification in Righteousness, to the glorie of our God in Jesus Chrtst, in whom I am truly for the Gospel of Peace sake
Your unfeignedly affectionate Brother and servant JOHN DURIE. St James's this 20. Sept. 1650.
Worthie Sir!
I Received the books you sent, and return you manie thanks; I must needs acknowledg, that I cannot sufficiently express, how much I am obliged unto you, that are pleased to shew so great respect to mee, a stranger to you, and such as by no interest of desert, can claim the least respect from you. Give mee leav to provoke you to pursue your intentions, of giving an answer to Lancashier-Ministers, and not to bee wearie of the work you have begun, in seeking to give satisfaction to the consciences of such, as are truly tender, and are kept off from engaging, by nothing, but onelyonly by fear of offending God; what you have already don in these two last pieces, I doubt not but will give eas to manie that have been pinched, and what you intend to do, will give further help in this kinde. If your pains should not have that success, and respect with men, as they deserv; yet that God who seeth the sinceritie of your heart, and the integritie of your intentions, will not let you go unrewarded; but when that promiss of blessedness pronounced to Peace-makers com's to bee fulfilled, you shall then reap the full fruit of all your labors. Our good God assist you, and give you happie success in all your undertakings, and endevors, to this end and purpose; to his merciemercy I resign you, and rest
Your most obliged friend and faithful Brother in Christ. The 19th of Octob: 1650.
ERRATA.
The greater faults.
PAge 17. line ult. for ym read my, page 28. l. 17. for follow, r. follow it. p. 41. l. 20. f. in these, r. in Thesi. p. 54. l. 20, 21. r. Rule is given. p. 85. l, 27. f. grant that the, r. grant the, p. 59. l. 9. f. will make, r. will not make, p. 81. l. 23, 24. r. right use of, p. 90. l. 7. f. arrest, r. wrest.
The lesser.
In the title for occasionably, read occasionally, p. 11. l. 35. f. implore, r. implie, p. 22. l. 28. f. prudentially, r. providentially, p. 46. l. 11. f. step. r. stop, p. 66. l. 5. f. commons, r. common, p. 93. l. 10. f. erection, r. election.
FINIS.
End of the text · John Dury, A Second Parcel of Objections Answered (1650)