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A Second Parcel of Objections Answered · John Dury

A Second Parcel of Objections Answered, Treatise · Answer 2

The Answer to the second Letter.

Reverend Sir!

YEsterday's late coming home, I found yours of the 25th of March; whereby I perceived that mine was com'n safe to your hands; and that you make a charitable construction of the things which I did write unto you; which is no smal refreshment unto my spirit, in the midst of these heats wherein wee are fallen, which God hath sent for our trial; and which will bee a great advantage to the purifying of our souls, if wee bebave our selvs orderly therein. As for the scruples which you are pleased to acquaint mee withall, that som help may bee supplyed for the cleering thereof; although they do not stumble mee, but mee think's I see light enough through them; yet I cannot saie that they are not to bee counted scruples; or that they are easily to bee cleared; for although to mee they are no great difficulties; yet I conceiv to others they may bee, who reflect not upon matters by such principles as I do; and with those considerations which I take up: nor is it in the power of anie man, to make another capable of his Principles and Considerations; but God alone is able to do it; and all that wee can bee helpful to one another in, is to offer to one another so much light as wee have received; and if wee offer it in love, without partialitie, and with a true meaning to advance Righteousness and Holiness, it may, by God's blessing, becom useful unto Edification; chiefly, if wee strive for one another towards God with our praiers, that wee may becom helpers of each other's joie, through the grace which hee bestoweth upon us, to profit withall. I shall therefore, not undertake to resolv these scruples; for that would bee presumption, God alone can do it; but I shall humbly offer to those pious mindes, that are scrupled, my light; with all truth and sinceritie, as it is in my heart; praying to God, that if it bee from his spirit, it may so appear to them, as to clear their understandings from mistakes.

The first scruple you mention, is concerning my expression, what I mean by that known dutie…, which I often urge. I wish you had pointed out a place or two, that I might have been able to speak more directly to your satisfaction, then now I can do; perhaps, I shall saie therefore, that, till I bee told, where that expression is used (for I cannot readily light upon it, having cursorily look't upon the considerations) I think that I have meant throughout, nothing els, but a seeking of the Peace and welfare of the societie wherein wee live; for I think it is a known dutie in Christianitie, that wee should serv one another through love for our good; and not bee taken off from this cours, so far as others are capable to receiv good from us, notwithstanding the evil which may bee in them, the dutie which the Apostle mention's, Phil. 2. 14; 15, 16. is that, which I would have all men, but chiefly Ministers in these times to laie to heart: and you have the third, or fourth Edition of the Considerations, you will see at the end of it, the extract of a Letter; and my Answer thereunto, which conteineth that dutie, which I conceiv to bee clear, and known to all, who will look upon the Engagement in the obvious sens thereof.

By this you see, that I mean not onelyonly a passive, but an active dutifulness, in things good and lawful under the present powers, let them bee what they will; as for that which you scruple, to submit to the powers, becaus they are of God, as if that reason were not sufficient, becaus, things may bee said to bee of God, either Prudentially, or Preceptively; now Providence alone (saie you) is not the rule of our own actions, or approbation of other men's. I confess this to bee so. But yet I finde, that the Apostle's reason, why hee command's all Christians to bee subject to higher powers, to bee none other but this; viz. Becaus there is no power but of God; and becaus the powers that bee, are ordained of God; Rom. 13. 1. So that the exception which you make seem's to mee, to bee directly against the Apostle's reasoning, which I suppose you intended not to contradict: and if the Romane Christians under Nero would have disobeied lawful and Moral Commands, wherein the Apostle onelyonly bid's them submit, they might have made your exception against his beeing of God, as fully as this is made against the present powers over us. If then the scruple strike's rather at the force of the Apostle's Argument, then at anie thing els, I think, I am bound to vindicate his reasoning from the force of the doubt; which may bee don thus; that God's appointment of a power over us, is a just caus to oblige us to submission thereunto, whether hee doth it Providentially or Preceptively; or both waies: I saie that in things lawful and good, Submission is due, becaus the power in place is of God; and hee that resist's it, resist's God's ordinance, saith the Apostle. But you will saie, if it bee onelyonly providentially of God, so was Absolom's incest, and is no rule, either to warrant mine own, or for mee to approve other's mens actions? to this I saie; it is true, when you have a precept to walk by, you must not make God's acts of Providence over you a rule, to warrant anie designs which contradict the precepts, which are given you to walk by; but when things are to bee look't upon by you; not as your own, or other men's Actions; but as determined events, which God hath appointed to fall out, in a way of Justice and Judgment; then you ought not to set your self against the same, but in things lawful ought to approve the same; so of Absolom's incest, wee must saie that God's providence ordered it for judgment over David, for a punishment of his Adulterie; and in that respect it was good; but as it was the effect of Achitophel's wicked Policie to make matters desperate, and a satisfying of Absolom's lust, and a dishonor to his Father, and a shameless act, it was evil, and highly to bee condemned; thus in the events of things befallen to us, which are the changes of powers over us; first the King, then the Parlament, then the Armie; and now again the Parliament; these events in themselvs are neither good nor evil to us, as God hath brought them about, and ordered their succession for judgment, they were all good; and everie power in it's own time was to bee submitted unto, by those that were under it, becaus it was of God for the time over them, and if in things lawful they resisted it: they did resist the ordinance of God, & might justly bee brought under condemnation by it; but each of these powers, as they might bee in the persons of unjust men, who by subtiltie or violence (as Absolom and Achitophel did) thrust out others of the possession of their places to attein their ends; in this respect they were evil; and as men contrarie in their walking to the will of God, they must not bee approved of: that is to saie, their ambition, fraud, violent practices, &c. are not to bee approved of: Nevertheless, if God's Providence order it so, that they bee set up as the higher power; I suppose they are to bee look't upon as ordained by God, to that place, and obeied in things good and lawful: their unlawful coming to their places, after that they have gotten full possession, doth not absolv anie private soul from the obligation of beeing subject, and obedient in things good and lawful. Thus Providence, as to events become's a Rule to oblige us, to do things for our selvs good and lawful; and to approve of the same in others.

You saie, if precept bee needful, they cannot see how the present powers are of God: becaus they were not called of God: but have chosen and set up themselvs. To this I saie, that certainly precept is needful for everie man to walk by in all his actions, and what hee doth without the warrant of a Rule, is don sinfully: but yet I must add this, that it doth not follow, that if the powers which are in place, are not so com to their place, that I can see that they are called by God to it, according to a precept, that therefore I must, or may think they are not of God; for although their Calling, or coming to their place is not to mee clear, to bee conformable to a precept; yet it may bee so to themselvs, and to others; and I am not to bee a Judg in things of that nature; but I suppose that it is cleerly contrarie to all Rule and Precept, that which they have don to com to their places; and that not I onelyonly, but all men, and they themselvs will confess it; and saie as Cesar did; Si violandum est jus, regnandi caussâ violandum est; in caeteris pietatem colito. Suppose (I saie) this to bee so; shall I therefore saie, that they are not the present power, when I see them actually in full possession of the place of all power over mee? or shall I saie that they are not of God; when I hear the Apostle saying clearly, without anie limitation in the negative, first, there is no power; but of God; and then in the affirmative; the powers that bee, are ordained of God: all powers then are of God one waie or other; and beeing of him, I must not resist, but submit in things lawful. Look upon Mr Perkins in his Treatise of Callings, where hee speak's of Christ, and the Apostles submitting themselvs to the powers, that then were in and over Judea; and Calvini. Justit. lib. 4. c. 20. parag. 28. speaking of Nebuchadnezar, whom hee set's up as a precedent of an usurped power to bee obeied; hee hath these words, observandum est quâ ratione ipsum Dominus stabiliat. Detuli, inquit, Nebuchadnezari Regnum; quare servite illi & vivite; cuicunque ergò delatum fuisse regnum constabit, ei serviendum esse nè dubitemus, atque simulae in Regium fastigium quempiam evehit Dominus; testatam nobis facit suam voluntatem, quòd regnare illum velit, &c.

Touching the calling of these men to their places; and what the nature of their place is; how far they are autorized ordinarily, or extraordinarily to make Laws, or see them executed; and whether by their chois they bee made the supreme power or no, is not a thing of everie private man's cognizance, so as to bee bound to determinate it; and according to his private opinion, to bee obliged to act, or not to act for Conscience sake with them, or against them: I saie, to mee such considerations are heterogeneal to my calling, and whatever I think of them, and of their calling to their places, that is not material, as to the point of dutie, which I owe them, as beeing in full possession of the government. As for themselvs, they think their calling doth bear them out in everie thing which they have don; and I finde not that my calling doth bear mee out to argue, as som do, the matter against them: but if it may bee a satisfaction to you, or to others, I shall bee willing to let you know more at large, what they saie for themselvs in these particulars, which truly I know not how anie bodie can well answer; but whether their allegations can bee answered or not, it is not further heeded by mee, then may serv to give others som in sight into that, which they seem rationally to alledg for themselvs.

Thus I have told you my sens of your first scruple; the second is concerning Oaths. The promissorie Oaths which men make one to another, are obliging, or not obliging, according to the possibilitie and lawfulness of the intentions of those, that impose and take them; and I conceiv, the taker of an Oath is no further obliged to the intention of the imposer, then either is cleerly expressed by him in the words of the oath; or in som previous, or subsequent Declaration, assented unto by the taker; or then the taker doth declare himself to bee obliged thereunto: therefore to prevent mistakes, I did for mine own part, both in the national Covenant, and in this Engagement declare my sens and intention in taking them; which beeing allowed, I finde my self obliged thereto, now if it fall out, that the imposer's intention doth alter (as upon good and valid grounds men's intentions may bee altered) from what it was at first (for if the thing intended, which was once lawful and possible, by change of circumstances becom's vnlawful, and impossible; and this bee made known by the imposer of the oath to him that take's it,) then the Question must bee, whether in such case the taker is not absolved from his obligation? there bee manie things in the National Covenant of different natures; som are by circumstances changeable, som altogether unchangeable, the Relation which the two Nations have each to other; if either of the Nations break it (as it is in the power of all Rulers, to break, or keep entire friendlie relations with their neighbor Nations) how far the other is bound to keep it, I think it not difficult to bee determined, friends are relatives; and I can bee no longer in a relation of friendship to anie, then hee will own friendship with mee; if he break his Covenant therefore, and make himself an enemie to mee, I am not bound anie longer by the tie of that Covenant to bee his friend: yet other ties of an higher nature may bee upon mee, to keep mee from beeing his enemie: for there is a mid'st between friendship, and hostilitie; and if the Rulers of the State, wherein I live, bring mee under a National relation with a neighbor Nation, to bee in friendship with it at one time; and at another time bring mee to contrarie relation towards it; I conceiv that I am concluded by what they do either waie; and that in such a case the breach of Covenant doth lie at their door, and not at mine, if I in my place have been careful not to give occasion thereunto, and thus I conceiv all other actions of a publick nature, that I am concluded therein; to stand under the Relations, which those that manage the same bring upon one thereby, as to outward matters: though not as to a professed concurrence of my intentions with them, further then they expresly call mee thereunto, and I expresly declare my concurrence in that waie, and when I have declared my intentions, then so far as I declare them, and as they remain possible and lawful by mee, to bee prosecuted in my waie; I am bound to intend them; and I conceiv, that they are not to be counted longer possible, nor lawful for mee to bee prosecuted in my waie; then they are consistent with the main and fundamental Duties of my calling and place, as I am a Christian, and as I am a Subject and a profitable member to the Common-wealth wherein I live; for all particular obligations, whether confirmed by oaths, or otherwise, are perpetually subordinate in their nature, and presupposed by a tacit condition to bee consistent with these, or otherwise to bee ipso facto void. By these general Rules, and maximes concerning promissorie oaths between man and man, in matters of publick concernment; wherein, I by my place am to bee concluded by others that are over mee; I think my self free from perjurie, if a change fall out therein, so as to make mee incapable to prosecute the intentions once sincerely taken up; for the intention of the taker of an oath beeing constant, and sincere to that which hee hath promised, according to the circumstances of matters which then were in beeing, when the promise was made, doth absolv him before God, and his own conscience, from perjurie; for hee will profess himself alwaies bound to prosecute the same intention, and will endeavor it to the utmost of his abilitie, so long as those circumstances last, which make the intention lawful and possible; but if the circumstances which made his intention lawful at first, bee afterward altered so, that the intention doth becom unlawful, if prosecuted under those circumstances; then it is no breach of promise in him, if hee doth not prosecute his first intention; for it is not lawful so to intend the prosecution of anie outward humane business; as to oblige our selvs, in what cases and circumstances soëver to follow; Conscience can bee obliged to follow nothing so absolutely, but the will of God; and although no condition bee expressed in promissorie oaths when they are taken, yet in the verie nature of them, the conditions which I have mentioned are implied, and need never to bee mentioned: if you will now applie these positions to your second scruple, and reflect upon the intentions, which then were taken up towards the King's Person and Autoritie, as circumstances then were; and the obligation in private persons, such as wee are, to prosecute them as circumstances now are, you will perhaps finde light to eas you of your scruple in this matter. For I shall for mine own part declare this; that, if things were now as formerly they were, when the Covenant was offered, I would finde my self obliged to prosecute the effect thereof, in reference to the King now, as then I was bound to do; but things beeing so altered, that there is no King in beeing; but another Government over mee, I am absolved from the former relation, by those that manage publick affairs, and obliged to intend the duties of a true Christian, and good Subject, under the present relations wherein God hath set mee. As for those that have taken away that object of my former Allegiance, which went under the name of a King, and brought upon mee the necessitie of this change of intention, by their acting in publick affairs; I am none of their judges, but must leav them to him, to whom they are accountable of their Administrations; if they in making the change did according to that, which they thought in conscience to bee their dutie, they will fare the better for it in the end: but if they had another aim, then to discharge their conscience in their dutie, it will bee wors with them; and this is all that I am bound to saie for them, as to this in general.

Now the particulars of your Scruple on this Subject run's out upon the facts of other men (which are not your Guilt) to shew the guilt which they seem to have incurred by altering the government from Monarchie to Democracie: for you saie that they swore never to bee drawn by anie power on earth from their Allegiance to the King and his Posteritie; and that their intention was not to deprive, but to preserv the King and his Posteritie in their government. I confess it was so; and yet you see that the relation once intended to bee mainteined towards him and his Posteritie is altered; and if you ask them the Caus, they will tell you, that they have altered their intention justly and necessarily upon warrantable grounds; as that the nature of their promise of Allegiance to him and his posteritie was not absolute, but Conditionate; that in the third Article of the National Covenant, the Conditions implicitely understood in the Oath of Allegiance are explicitely mentioned: that his (viz. the King's) Cross walking to these Conditions (although they intended to maintein their Allegiance) hath forced them from it, against their will, that it is no power, nor fear that hath made them to alter their purpose; but a necessarie dutie for publick safetie to discharge their trust; this they will saie; and they will denie that which you saie, that the Oath was meant absolutely and without all respect to Conditions; as if Allegiance should have been due unto him without anie respect to his Legal standing and Capacitie; and if Allegiance was onlie due to him in this respect; then it was first due to the Law it self; and to the Law-making power before it was due to him; and to him onlie as subordinate thereunto: If therefore his Miscarriage be such as to intend the overthrow of that; by which he only could stand; then he overthrow's himself, and no bodie can help him to stand without a foundation or is obliged to it. This they will plead to justifie their proceeding to an alteration. And then to that which you saie further; viz. that Obedience is commanded in an absolute sens, and not upon Condition of their good carriage: that it is commanded as that which Servants ow to froward Masters; Rom. 13. & 1 Pet. 2. 18. (I say) to this they will confess, that such a subjection is indeed Commanded to everie private person, and due to the powers that are in plenarie possession of the government; from their Subjects; but they will denie that the Parliament or those that are emploied by their autoritie are to bee look't upon as private persons, or as Subjects in their actings: they will tell you: that all the power of the King is virtually in the Parliament; and eminently above him in a higher sphere of trustees and representatives of the Nation; Whose sitting to act in a capacitie above him doth not onlie subordinate him in his waie of acting for the time of their Sitting: but doth in som sort suspend his whole influence upon the Subject as to government: which King Iames well understood, and therefore called the Parlament a Societie of 400 Kings, and himself for the time as no bodie: for hee is but as a Servant to see the laws which are made executed; but that the trustees and representatives of the Nation have the law-making power in them by the law of nature and the positive Law of the Land. And lastly when you saie that there will be no place left for suffering; if obedience bee only conditional, they will tell you that Parliaments are not called by God and nature, nor in the intention of the Nation to suffer, but to rectifie the Causes of unjust sufferings; and to reduce the exorbitance of Kings into a right order. Now when they, who are in places of power, saie say all this, who is it amongst the private Subjects that can justly contest with them? or controle them? except hee have an immediate Commission to them from the most High; and if none without such a Commission is obliged to judg them, their failings are no matter of scruple to anie privat man's Conscience, they may bee a matter of grief and praier for them, for why must I bee scrupled at doing that which is my dutie at present, becaus I suspect another hath not don his dutie, of whom yet I am not set to bee a Judg.

The third scruple is this; that all Subjects are to be allowed a Competencie of judgment concerning their own actions, though not of State-matters: becaus unto God they are accountable for whatsoëver they shall do: and if they do anie thing doubtfully, they sin. Now the owning of the present power as of God, is doubtfull to them; if therefore having the forementioned grounds of scruple they do own it, they will sin; it is therefore necessarie for them either to have the grounds of their scruple cleered or not to own them, if the doubt cannot bee cleered.

To all this I shall saie; that it is a truth that men must bee allowed to bee Judges of their own actions, and that if they do anie thing without Faith, it is sin in them, if therefore they are in doubt of that which is offered to bee don, I think they are bound to suspend the doing thereof, till they bee cleer, that they can do it without sin. But then also I conceiv they are bound to use means to have their Scruple cleered one waie or other; and that in the use of those means they ought not to intangle their Conscience into a judicature of matters which are beyond the sphere of their own actings; but should only strictly inquire what their own dutie is in their special Callings; and if the Brethren would have don this; or could have been perswaded to have entred upon anie rational cours tending to accomplish this. I am confident much of the danger, if not all, whereinto they have cast themselves and the publick, might have been prevented, and they cleered in the scruples which they entertain and put into the heads of other men. I speak this concerning som, whose actings I know have had a great influence upon others; whose scruples have run out upon the interpretation of State-matters, whereof they were not at all made Judges, either in publick to censure those that do manage the same; or otherwise to possess their fellow-Subjects by finister informations with jealousies against them; if these had not made themselvs foreign in this matter, but would have conteined their thoughts within their own limits, and the bounds of the Rule; they would have prevented the snare's, whereinto by such considerations they have brought their own Consciences, and the Consciences of others that respect them; for mine own part, I did endeavor (foreseeing that the custom alreadie taken up to meddle in these matters, would upon this occasion bee more then ever followed) to prevent the further practice; or to take off by conscionable rules som that were too much inclined that waie, by a Treatise upon that Subject, first in brief, and then more at large; but this was look't upon as a time-serving practice: and a cloak to sinful compliances for private ends: and afterward, when the Hous of Parliament begun to consider of an engagement, as a ground to settle matters and the mindes of men, to entertein a mutual relation of friendship one with another, in a Common-wealth-waie; before the Engagement was published while's men were full of fears, and apprehensions about it, what it might tend unto; I did negotiate with som of our chief leading men, for a private conference, to bring on, with their concurrence, a Treatie, between godlie and dissenting Brethren, lest upon new emergencies (as is fallen out) wee might bee irrecoverably distracted, and divided within our own thoughts, and towards one another; or rather from each other by jealousies to incline them hereunto, I did represent, that nothing would bee our preservation, but our right understanding of one another in that wherein wee do agree, to hold forth our union therein to all the world; and our determination of som regular cours to prevent offences, and breaches for the things wherein there might bee som disagreement, and diversitie of opinions, which upon new emergencies might arise, or bee cast in perhaps to divide us; here then I proposed this Method, seeing it was apparent enough, that Satan's aim in all these confusions, was, to overthrow the profession of Christianitie, and put down the Ministerie thereof by gaining, and taking an opportunitie in this change of Government, and time of licentiousness, to vent all manner of damnable Heresies against the fundamental Truths, which are after godliness in Christ Jesus; First by dividing the mindes of the witnesses of this Truth about outward concernments, one from another, so that they should not bee able, or willing to concur, or agree, about that which is their great and main concernment, viz. The testimonie of Jesus. Secondly, by making them, through the neglect of their main concernment, (viz. the testimonie of the life and death, and Resurrection of Jesus, and of the Covenant of Peace, between God and us in him) to becom contemptible to the world; and through their medling with heterogeneal concernments of the world, to becom an eie-sore, and an object of jealousie to the secular Powers. Thirdly, by ingaging them into parties about State-affairs, to make them the ring-leaders of designs, or at least, to bee counted such (which is almost all one, as to his end) that the guilt of publick evils, and miscarriages, may bee imputed unto them more then to others. Seeing (I saie) these were Satan's aims; I proposed this Method for us, to proceed in som conference, tending to prevent the evils, and to settle us in an agreement about future proceedings.

First, that wee should consider and resolv, how to proceed unanimously, as one man, by undoubted scriptural Rules, in opposing fundamental Heresies, and upholding the fundamental truths of Christianitie, and the practice of godliness.

Secondly, that wee should consider and resolv, how to own unanimously, and upon what undeniable grounds, to profess our beeing in the Ministerie; what to own therein, as jure Divino; and what to acknowledg to bee but prudential.

Thirdly, that wee should consider and resolv, how to maintein the Engagement which wee lie under, by reason of the National Oath, and Covenant; what therein, as to us, in these times is altered; and what for ever is unalterably to bee prosecuted.

Fourthly, and lastly, that wee should consider, and predetermine, in case a new Engagement bee offered (for when I made these proposals to som, the Engagement was not yet voted) by what Rules wee ought to walk; to bee able to finde out the inoffensive waie of doing our dutie towards all, aswel Superiors as equals.

These proposals were made to more then one or two, as preparatives to bring on an agreement, between the dissenting godlie parties about Church-Government, and Discipline: that the dore which their division hath opened, to let in all manner of disorderlines, in the profession of Religion, might bee stop't at last, and Satan lose the advantages which hee hath gotten thereby against us: but they were not hearkned unto: either, becaus I was look't upon as a stranger; or as a subtil man that served Stateends, for som advantage to my self, and made this proposal a cloak onelyonly to som further design; or becaus men's spirits were straightned, and prepossessed with particular apprehensions, and could not bee raised to an impartial contemplation of that which was truly publick, and then seasonable to bee don. But if these matters had then been thought upon, or could yet bee determined, so, as to cleer our judgments to one another; and to all the world, in that which concern's our dutie in our sphere of acting; without reflecting upon others, in that whereof wee are not made their judges; there would not bee so much animositie, and so manie mistakes, and destructive jealousies, as now are amongst us; nor could wee bee so much in the dark, and under so manie scruples, and snares of conscience as now wee do lie, for want of following this method of proceeding in determining the matters, whereof wee are made competent judges; for if wee had judged these matters by the Rules and Principles, wherein wee are fully agreed; or did yet exercise our selvs by the right use of these Rules and Principles, to judg our own actions in these matters, rather then other men's failings from their duties, wherein to us they are not accountable, wee would finde light to walk in these occasions without doubting; and see caus, to cast off the scruples which are raised upon the grounds before mentioned; as beeing matters whereof wee are not competent judges, and without the consideration of which, our actings relating to the publick, may, and ought to bee regulated: and can bee regulated by the rational and conscionable disquirie of the forenamed proposals; which I have offered now unto you, as formerly to others, that you may see, that I am so far from restraining my brethren to bee competent judges of their own actings; that it hath been one of my designs, to bring them to a regular waie of judging thereof; that they might not walk doubtfully therein, as now they do.

Those things beeing thus at large premised to what I am about to saie, for the resolving of your third scruple; I shall intreat you to consider, whether the former scruple, concerning the alteration of the government against the oath of Allegiance, taken by those that did alter it; is not raised in us, by a judicature of State-matters, whereof you confess us not to bee competent judges: and if no competent judges, then (I saie) no judges at all; to define matters with reference to our conscience, to saie, whether they have don well or ill; but I must saie they stand or fall, to their own master in this business of the alteration of Government; I may, as a rational man, and a Subject concerned in point of Common-welfare, look upon their actions in altering the government, with the eie and judgment of discretion, to discern what they saie, and what they do for the alteration: but when I am gon to the utmost extent of my discerning facultie, yet I must make none other definition, but such as keep's my conscience free from beeing obliged, to give a sentence which will scruple mee in the points of dutie towards them. If they saie that the judicature of all the King's actions doth belong unto them, as they are the Representatives and Trustees of a free Nation, which hee was to govern by Laws, which they shall chuse, and not by will; and that hee for raising war against them, and refusing to give an account of his actions, (to those whom they appointed as judges in their name, to call him to an account of treasonable enterprises) hath been deprived of the government wherewith hee was intrusted, and of his life, and that, as in Cases of Treason, by the Law of nature, and of Nations, the prerogative which hee lost for himself, was also forfeited for his posteritie; and that their proceedings against him, and those that would support him in his pretended interest of absoluteness, above Parlaments, or of independencie from them; are such as they will answer to God for; and as they will undertake to shew their grounds of, before all the world, and if according to these sayings, they do make Laws, to settle us in another relation one to another, and under themselvs (that is under the constant government of Representatives) without a King, and Hous of Lords; If (I saie) I can clearly discern, that they saie, and do all this, without turbulencie of spirit, in a waie of counsel, rationally and orderly behaving themselvs; looking aswel to God, as to men, and professing according to their light, a willingness to keep a good conscience towards both, at all times, if (again I saie) when I use the judgment of discretion, I finde things thus constituted with them, what shall I saie other, but that this thing is of God; that his will must bee don in earth as in heaven; that power belongeth unto him, and that hee exalteth over the Kingdoms of men, whomsoëver hee pleaseth: If I finde them by these Principles, and actings in their places of trust over mee, to intend orderlie courses; and minde the things belonging to commonsafetie; I cannot see what warrant I have to disown them to bee of God. Sure I am, except God had disowned the King's exercise of power, and blasted his Counsels, and given him up to these men, to bee judged by them, as hee was, they could have don nothing unto him; if then God hath disowned him, and owned these in the sight of all the world, and doth intrust them with the management of all publick affairs; who am I, to take upon mee to disown them in the places wherewith they are actually possessed, except I had a commission from him, to let them see, that either their Principles of acting are not allowed by him, or that their actings are not according to their Principles? but if I am not inabled to do either of these two; but rather am convicted that the Principles, which they have taken up, are of God in them; and that their actings by these Principles, with Counsel and courage, by a professed confidence in him, have been carried on in an orderlie cours to this issue by his Providence; then I must own them thus far to bee of God; and look upon them as instruments in his hand; to bring about this alteration of affairs, to fulfil his judgments one waie; his mercies another waie, and both waies his determined Counsel, which hath concluded mee under their power, and doth subordinate mee in my calling under their actings, to do my dutie without grudging, or murmuring, without disputing and scrupulositie, beeing harmless and blameless in my waie, as it becometh a child of God, holding forth the word of life and light, as the rule of my walking.

Thus then I conclude upon these grounds; that if I do own them in their places by anie dutisul actings in my calling, I do not sin; but rather fulfil that which I am bound to think (according to the judgment of discretion concerning them; and the definitive judgment of dutie in Christianitie concerning my self) is the will of God, and the work of my present calling; for if I by doing my dutie, and having none other aim, but to act within my sphere; do eventually set them up, and own them in their places; I must attribute that unto God's ordering of matters; and leav the effect thereof unto him; but if I should think, that becaus I suppose such an event will follow, that therefore I must not intend my present dutie; I saie if I should think thus; then I walk not in simplicitie, but according to the wisdom of this world; and I predetermine in my thoughts, the events which are onelyonly in God's hands; and I follow not a cleer and universal rule in my actings; but the rule of a design, which I have framed to my self, upon a conjectural apprehension of som event, which I would not have com to pass; for in effect, it is as much as if I had said thus; I do not see that these men are of God; and becaus I see it not; I will do nothing, no not the best duties of my present calling, lest by doing that which is my dutie, I seem to own them, and lest it may tend to confirm them in their places: which in my apprehension would bee to drive a design against the present powers, by a sinful neglect of doing my dutie to the publick: which how it can bee warrantable in Christianitie, I know not.

The last part of the third scruple, is an aggravation of the doubt; When you saie: besides by subscribing, they do not onelyonly own the power, but also the imposing of the ingagement; (if not directly, yet indirectly) which they cannot see how it agree's with the Rule, that require's higher powers should bee a terror to evil, not to the good, as by this means they are.

If in the first part of the scruple, when you said, that though private men bee no competent judges of State-matters, yet they are competent judges of their own actions; you meant by their own actions, their owning or disowning the present power, viz. that they were to judg competently, whether the present power was to bee owned or disowned by themselvs, yea, or no; I shall in som sens grant this; as thus. First, that they were definitively to determine with themselvs, what everie private man is bound to do, as a Christian towards the present powers, to own them or disown them, according to the Rule of obedience, prescribed by God in the word. Secondly, that they were also definitively to determine with themselvs, what the present powers are, that are actually over them, who are obedientially to bee owned or disowned. In these two cases it is cleer, that everie man must bee allowed to judg, who is actually over him in power, and by what Rule of obedience hee ought to walk under him, as owning him in his place; but if the sens bee this, that everie man is competently to judg his own actions, in respect of the confequence which they may have, towards the owning, or the disowning of the present powers; and accordingly as hee shall see caus, to own them or disown them, that hee may act or not act, as hee shall think his action conducing to one or the other end; so that the aim of owning or of disowning shall becom the measure of the rectitude of his actions: if (I saie) this bee the meaning of those words, then I must denie anie man to bee a competent judg of his own actions: for no man is to judg of the rectitude, or unrighteousness of his actions by the eventualitie thereof, which hee may propose unto himself will follow: for in this sens I take the Prophet's words: O Lord! I know that the waie of man is not in Jer. 10. 23.himself; if is not in man that walketh to direct his steps. This is true, as to the event; no man can direct anie thing which hee doth to anie event; and therefore hee is to measure nothing by the eventualitie thereof, in his own apprehension, but hee is bound to measure it by a Rule and Precept, and in this sens the contrarie is true, viz. It is in man that walketh to direct his steps, els this promise would bee in vain: Hee that ordereth his conversation aright, shall see the salvation of God, Psal. 50. 23. and the Commandement; See that yee walk circumspectly, foreign not as fools, but as wise, Ephes. 5. 15. it is therefore in a man as his dutie, to direct his steps by a rule, but it is not in himself at all to direct his steps to anie event whatsoëver; for it is said, that man's goings are of the Lord; how can a man then understand his own waies, Prov. 20. 24. God's providence doth order all men's goings to his secret ends, and by his own counsel to determined effects; therefore it is not possible for a man to understand the eventual tendencie of his own waie; and if it is not possible for him to understand this, then it is not lawful for him to measure, or judg the nature of his action by this; now if I do not mistake the matter and meaning of this scruple, it seem's first to assert that for them, to own the present powers to bee of God, is a sin; upon this account; becaus it is doubtful to them upon the grounds before mentioned: (which were pure State-considerations) and what is not of faith is sin; ergò they may do nothing, which in their judgment tend's to own them as of God; for although they are no competent judges of State-matters, yet they are competent judges of their own actions; and if they judg their own actions to bee an owning of them, as of God: then to them, to do these actions is a sin; and consequently, they must abstain from them, although in themselvs the actions bee never so good; onelyonly becaus they judg them to have a tendencie eventually to speak, and own such a thing, whereof they doubt, and which they would not have them to speak; therefore they think themselvs bound in conscience to abstain from them, which I think is a great mistake, as already hath been shewed; and upon this mistake, the second part of the scruple assert's, that in the act of subscribing, there is more sin then in other obediential Acts: upon this account, becaus it doth tend, not onelyonly to own the present power; but also the imposing of the Engagement, at least indirectly. Now saie you, they may do nothing, either directly, or indirectly, which may own the imposing of the Engagement; and why? becaus, saie you, they cannot see how the Engagement agree's with the rule that require's higher powers should bee a terror to the evil, not to the good; as by this means they are. If you had said, becaus they cannot see anie thing required in the Engagement, to bee agreeable to the rule of a Christian's walking, or the dutie of Subjects to the higher powers, the reason would have been to my judgment satisfactorie; and wee must have examined the nature of the things required in the Engagement; to know whether they were inconsistent with the rules of Christianitie, and the Dutie of Subjects; and upon the discoverie of what is meant by beeing true and faithful to the Common-wealth, as it is now established, without a King and Hous of Lords wee might have com to som conclusion; for if there had been found in these words a sens consistent with those rules, and this Dutie; then the scruple could have been resolved: and the Conscience setled; but now this cannot bee don; becaus the Scruple is not fixed upon the material part of the Engagement; which is our private concernment, to see what wee thereby are obliged to do; and so accordingly to resolv to bee engaged or not to bee engaged thereunto: but it is fixed upon a Construction which is made of the intention of the higher powers in proposing the engagement, and upon the disagreement of that which they do, by the proposall of the engagement, with that which the rule of their calling doth require of them. Now to mee a scruple so fixed is wholly to be rejected: becaus I finde it not lawful for mee to make my self a Judg either of their intentions; or of their particular actings, how agreeable they are with the rules of their calling, I may tell them as well as other men what their intentions ought to bee, and how they should take heed to the rule of their Calling; this I may, and ought to do in these; but in Hypothesi to judg positively what their intentions are (except I were one of their Counsel) and what their actings are in order to a rule (except I were made acquainted with all the Circumstances of their state) is a thing which I dare not undertake; far less then may I upon the supposal of such a judgement concerning their intentions or actings, be obliged to suspend mine own resolution from doing the duties of my calling, or scruple my Conscience about acting things lawfull in my place. I dare not say then, that by the means of the engagement, they either intend to bee, or are a terror to the good, and not to the evill, contrary to the rule given by God to higher powers. But I look upon the imposing of it with the judgement of discretion, to bee a thing, which they think absolutely necessarie for common safetie; and therefore press with a severe penaltie: which I must leav them to answer for, if there be no such necessitie; but in the definitive judgment of Christianitie, as the engagement relat's to mee, I find a Dutie in it; whereunto I am required to oblige my self; which in Conscience I cannot refuse to do; and so Subscribe it with a full purpose to perform the Dutie which the law of Christianitie and of a good Subject doth require. What Consequences may follow upon, and what interpretations others may make of this my action, I am not sollicitous of, I look to nothing further then to the warrantableness of that which I do at present. For as in reason, Ex vero nîl nisi verum: So in moralitie and Christianitie Ex bono nîl nisi bonum sequitur per se.

As for matters of offence (the subject of your fourth Scruple) which may follow per accidens upon lawful actions, in som Cases they are unavoidable; for if I think I am in Conscience bound to do somthing as a Dutie, and another bee so weak as to bee offended at mee for doing it, how can this offence bee avoided? must I neglect a dutie, and wound mine own conscience, becaus another is offended at that which I do? If hee bee so unreasonable as not to let mee have the libertie to keep a good Conscience; in following the dictates thereof for my self; must I bee so foolish as to give up the use of my libertie to his weakness? In matters of indifferencie where I may chuse to do, or not to do; and where nothing else com's in competition, but the meer pleasing of my self; with the danger of displeasing another; there I am bound not to pleas my self, but another to his edification: nay although it may bee to my great bodilie disadvantage, I must bear it, rather then my brother should have anie spiritual disadvantage by mee; for there is no proportion between a bodilie and spiritual inconveniencie; but in Case the inconveniencie which I do incur, is not at all bodilie, but spiritual; no law of Charitie can oblige mee to undergo it; for no man can bee pleasured or edified by my spiritual disadvantage, this is to shew why none ought to bee offended at mee for doing that which I think is my Dutie. And why if anie bee offended, I nevertheless must own that which I have don and let them know, that the offence is not given, but unjustly taken. But your 4th Scruple run's upon another strain of offences, and tend's to another scope, which is to plead for the Non-subscribes under the Notion of weak Brethren, whom wee are bid not to offend. Their weakness is to think that unlawful (which perhaps is lawful) becaus it may seem contrarie to a rule of the word. As in this Case of the engagement; the rule of Oaths and promises seem's to bee violated; which a man is bound to keep though to his hurt.

For mine own part, I do heartily wish and praie to God that the spirit of Christian compassion may bee amongst us; and that the Non-subscribers may not onelyonly bee look't upon by the imposers and subscribers, as weak brethren and those that ought to bee dealt tenderly withall; but that also they may behave themselvs so that all may have Caus, and chiefly the imposers of the engagement, to think that it is rather through weaknes and tendernes of Conscience indeed, then through som other inclination that they refuse to subscribe. For I must tell you ingenuously that it is as hard a task as ever I have medled withall, to make som of the imposers of the engagement beleev, that it is more out of tendernes of Conscience, then out of a design that most men contradict the Subscription of the engagement: I truly beleev it, to bee that scruple which you allege in most of the Ministers, if not in all that are Godlie; but the violence and cross actings of som doth bring an invincible prejudice against all.

As for these that are in places of power to provide for common safetie, they saie to this: that it is a matter of absolute necessitie to press the settlement of som fundamental relation in the Common-wealth between the members thereof; and therefore they cannot in Conscience neglect their trust, but must indispensably endevor the preservation of the publick by this means; and if their Conscience bee as strongly engaged one waie, as the other's are another way; no Cours is in view, but a friendlie treatie to prevent the inconveniencie of mutual offences, and further breaches; that mistakes may bee removed and differences reconciled: which I shall not ceas to praie for to God and Solicite towards men.

The last Scruple, or rather asspersion of yours in answer to what I had said in my last, I shall not contradict; for I willingly confess, that in doubtful matters and difficult cases the spirits of Prophets should bee subject unto the Prophets: only admit of the limitation which I did add in my former expression; that no Church, far less a forreign Church, ought to bee made a Judg of Civil Sanctions in a state. But that the spirits of Prophets ought to bee Subject to the Prophets, is one of the great fundamentals which I mainly press as a means to rectifie our endles disputes: nor is anie man more avers from enthusiasticall fancies then I am; yet I am not led by any implicite faith or resignation of my judgement to other men sopinions: but I seek light from them; and when I find that upon Conference I can neither bring them to my sens, nor they mee by Conviction of my Judgement to their's, I think it my Dutie to be silent, and to suspect mine own opinion as that which may bee wrong, although I cannot see it to bee so.

You may perceiv by the largeness of my discours upon the heads of these Scruples that my spirit is not straitned in Love towards the Brethren that desire som help; which as I said at first, God only can give, who is the Father of lights and of all good gifts; and if wee laie one another's Cases to heart with tendernes and meeknes, and cal upon him one for another, wee may hope that hee will bless our gifts for mutual advantage. The secrecie and cautiousnes which is requisit in this business you may assure your self of, with all Confidence; as also of all other duties and offices of love, which in the fear of God may bee exspected from

Your affectionate Brother in Christ JOHN DVRIE. St James April 4. 1650.

Postscript.

YOur's came to my hand on the 28. March, the next daie I begun to answer it, but I was obliged to go out of the town the same daie, towards night, which interrupted my proceeding for a few daies, and occasioned a delaie, which I would not have you to impute to anie unwillingness to serv you; but the chief intent of this Postscript, is now not to excuse this slow return; but to make som addition to that, which may bee your satisfaction concerning the first scruple. For since I wrote that which here is said, concerning the Question you make; what I mean by that known dutie which I often urge; I have light upon a place in the reproposals, to which you (I make no doubt) allude. It is in pag. 10. 11. and there my meaning is, to call that a cleer and known dutie, which in the second Section of the Humble Proposals is confessed, to bee from the light of nature, from the judgment of the Learned, from the practice of Christians in former ages, from their own Principles, and from their former engagements consonant to the will of God; viz. that they should live quietly and peaceably in their places and callings, submitting to such things as are imposed upon, or required of them, by the powers which are in actual possession, beeing in themselvs lawful and necessarie, to the preservation of our selvs and others: which may bee don (saie they) without disputing the right and title of those that are in place. To do this, (which the humble proposals themselvs thus acknowledg upon so manie grounds, to bee a dutie of Subjects towards Superiors, who have none other cleer title, but actual possession) I do there call the cleer and known dutie, which the Engagement doth require, which therefore ought not to bee scrupled at, by those who are willing to perform this dutie. For if it bee freely acknowledged upon so manie cleer grounds, that the powers who are in actual possession without inquiring into their title, should bee obeied in things just, and necessarie for common preservation; then there is no caus for anie man to scruple at the Engagement; for the Engagement by the cleer sens of the words, and the whole tenor of the Act, by which it is imposed, doth require nothing more then in this acknowledgment is expressed to bee a Dutie, which I in my Reproposals call cleer, becaus the proposals allege so manie grounds to evidence it; and I call it known, becaus they themselvs so fully confess it Besides the former delaie, there hath been another step in the slow transcription of these former sheets: that I might have a copie of them by mee; for my man that copied them out, hath not the hand of a readie writer; yet I hope no time is lost, and I assure you, if anie bee, it is not willingly.

Your brother and servant in the Gospel, JOHN DURIE. St James's this 9th April 1650.