The Question is, Whether a man that hath taken the Oaths of Allegiance and Supremacy, the Protestation, and Covenant, may upon the alteration of the Government from a Monarchy into a Free State, subscribe this Engagement.

Premise.

THere is no doubt, but unengaged men may: All Go­vernments being of themselves equally lawfull. And, were we upon the point of choosing a Government, we know no reason to compell us to pitch upon a Monarchy more then a Common-wealth. And (whatever may be said in Law for the childes virtuall obligation to the Oaths of this nature, wherein his father was personally engaged) we see no reason in Divinity, but our children, who never were en­gaged by the Oaths, Protestation, and Covenant above­mention'd may (when they shall come to yeers of discre­tion) oblige themselves either by promise, or oath of fealty unto this Government.

But the Question is concerning Engaged men: (as all, but a very few, of those, who are lyable to this Subscription, are.)

Answer to this may be made in the affirmative, upon two Concessions.

First, if the words of the Engagement import nothing contrary to those Oaths, Protestation and Covenant.

2ly, If (upon supposition that they do import something contrary to those Oaths, &c.) it may be made good unto us, that the obligation of our former Oaths, &c. doth cease upon this new Establishment.

Concession. 1 First, If the words of the Engagement import nothing contrary unto those Oaths, &c. As,

1 First, If by Common-wealth be meant the whole com­pany of men and women, both of higher and lower rank, contained within the bounds and territories of these Domi­nions. So we were wont to call the Common-wealth in the time of Monarchy, unlesse when we took it for the Civill State, as contra-distinct unto the Ecclesiasticall. And, if it have that large signification here, and if the words (as it is now established) be to be understood adversativè, and not re­duplicativè, and so binde us to be faithfull to the Common-wealth (in this sense) Licet stabilitae, and not quâ stabilitae abs­ (que) Domino Regis, &c. it will be nothing contrary to our Oaths and Covenants to subscribe thereunto. For unto the Com­mon-wealth (in this sense) we must be faithfull, whatsoever Government it be under. And he that will not be true and faithfull to this Common-wealth, now it is without King and House of Lords, was never (conscientiously) faithfull to it, when it was subject to a King, and House of Lords.

And we are somewhat inclined to think, that this may be the meaning. Because not onely all of lower rank, but also all of superior rank (as the Speaker, and the House of Com­mons, the Lord President, and the Councell of State, the Lord Generall, and Councell of War, &c.) are enjoyned to subscribe. If they (or any of them) be the Common-wealth here meant; we somewhat strange at the Injunction. Our Kings were never wont to swear fealty to themselves, or Monarchy. If it may be declared that the words are intend­ed in the sense above specified, we beleeve the Engagement cannot want Subscribers. But,

2 2ly, If the words (Common wealth of England) be taken for a certain State of Government, as it stands contra-distinct to [Page 5] Monarchy (as it is generally conceived they are) then (with­out perjury) engaged men cannot subscribe thereunto, un­lesse they fetch some help from the exposition of the words, True and faithfull.

1 First, If the words (True and faithfull) be to be understood onely negatively, and oblige a man onely, not to be false, or treacherous to, or turbulent in the Common-wealth: we conceive, that a pre-ingaged man may (with a safe consci­ence) subscribe to this present Engagement. Insomuch as whatsoever we were formerly engaged unto was to be com­passed by all lawfull wayes and means, by every man in his vocation and calling. But for any private man by treachery or turbulency, raising tumults and factions to disquiet the present peace (though it be to the attainment of those ends whereunto he was pre-ingaged) is to do evill that good may come thereby, out of his calling and vocation to act for a publick good, which no man (without an immediate call from heaven) hath warrant to do. So that, if it be declared that no more is intended by the words, then what may be comprehended in the negative sense of them, we shall not re­fuse to subscribe the Engagement, though it be to a Com­mon-wealth, as it stands contra-distinct to Monarchy.

2 2ly, If the words (true and faithfull) be to be understood positively (yet in a strict sense) so as to oblige us to submit and yeeld obedience to this State of government in licitis, honestis & necessariis, we may (notwithstanding our former Oaths) subscribe thereunto. For, as for those things that come within the number of necessaria, necessarie duties to be performed to God, we are obliged unto them, though we were never enjoyned them by men, whose command puts a tye upon us, as subjects, but such as is of inferior nature to the tye which Gods command puts upon us, as creatures and Christians. And though we obey not the Command (meerly) for the Civil Sanctions sake; yet we hold our selves bound to reverence the Civill Sanction so much the more for the Commands sake. And as for those things which come within the number of licita & honesta, things lawfull and honest, though not necessary, we count our selves obliged [Page 6] to the performance of them for the Commands sake (meer­ly.) Uncommanded, we may neglect them, because not necessary: but commanded, we shal not refuse to observe them, because lawfull. But we trust (in the mean while) that none will be so irrationall, as to bring that yoke upon us, which neither we nor our fathers were ever able to bear: viz: to en­slave us to the performance of meer indifferent things, as ne­cessary duties, where the performance of them doth not ne­cessarily argue us good subjects, or good Christians. But,

3 3ly. If the words (true and faithfull) be to be understood positively, and in a large sense, so as to oblige us to assist, and defend with our lives and fortunes the present Establishment, against all whatsoever (though it be the Parliament of Eng­land it self) that shall (hereafter) endeavour by lawfull means to introduce a Monarchy, or any other State of Go­vernment in this Nation; we humbly conceive that (without perjurious forcing of our Consciences) we cannot subscribe hereunto. For this is expresly against the words of our for­mer Obligations, wherein we are bound with our lives, power, and estates, to maintain and defend the power and Prot: May 5. 1641. priviledges of Parliament. And this were to pawn our souls to oppose a lawfull Government in doing a lawfull thing.

Conces∣sion. 2d. Secondly, If (upon supposition that the words of the En­gagement do import something contrary unto those Oaths, &c.) it may be made good, that the Obligation of our for­mer Oaths and Covenants doth cease upon this new esta­blishment. This is the grand Quaere.

1 First, We do acknowledge, that some things, whereunto we formerly have been obliged, are (by the wonderfull pro­vidence of our God) rendred infeazible and impossible to us: viz: such as concerned the person of our late King, &c. God hath disobliged us from such: and our hands are upon our mouthes, because God hath done it.

2 2ly, But yet there are other things, that are left by the providence of the same God feazible and possible, as, the ex­clusion of the Popes, and forrain Princes and States Supre­macy, and intermedling with the affairs of this Kingdom, the extirpation of Popery, Prelacy, superstition, heresie, [Page 7] schisme, profanenesse, &c. as may be seen in the particulars of those Oaths, Covenant, and Protestation. Some of which seem to crosse the very intention of this present Engagement, as that particular of our swearing, to bear faith and true al­legiance to the Kings Heirs, and lawfull Successors, &c. Un­to such things as these, we are still bound, if there be not suf­ficient reason alledged for our disobligation to those Oaths, by virtue of the present Establishment.

Now we conceive there may be three grounds, whereupon a people may hold themselves dis-obliged from their Oaths to former governments, upon the succession.

First, If those Oaths were vincula iniquitatis, (i. e.) if they did oblige men unto any Government that is of it self un­lawfull, and contrariant to the rule of Gods Word. When Monarchy shall be made good to us to be so, we shall not re­fuse to engage against it.

2ly, In case the alteration be made by such, who, by the fundamentall Laws of the Land, have the power of making such alteration. Which power, by the Statute of 13 Eliz: is expresly conferr'd upon the three Estates in Parliament. If this alteration come to us with such an Authority, we hold our selves disobliged from our Oaths to all former Establishments, and are ready to subscribe.

3 3ly, In case of Conquest; when an over-ruling power (by force of Arms, or otherwise) shall conquer a Nation, and render, as well the people unable to maintain their former Government, and Governors, as the Governors to defend and protect their people, in the pursuit of their Oaths, Cove­nants, and Obligations to them; Then we count it lawfull for a people to make the best conditions they can with the Conquerors, to desire protection from them, and promise subjection to them. And the reason is, because all former Obligations either of the Governors to the Governed, or the Governed to the Governors, did extend no farther then the power of the obliged on both parts. Which power, on both parties, being, by a totall Conquest, over-come by a third party; the obligation to the mutuall exercise of that [Page 8] power must needs cease, because the power it self is ceased.

This Case if it be ours, and it be declared, avowed, and owned that we are a conquer'd Nation; We are readie to make the best conditions we can for our selves. And the former power (under the shadow whereof we breath'd) be­ing vanished, whilest we cry Quarter, and look for protecti­on from the succeeding Power, we declare, and promise that we will be true and faithfull thereunto in all things, where­by we may not draw upon our selves the guilt of disobedi­ence unto God.