against Oppressions by arbitrary Power in the Civil and Ecclesiastical State and submisly requesting and pleading for Reformation IX In this present juncture of the perplexed scruples of many by occasion of the required Subscribing the Engagement There are some eminent men of well guided counsels and composed temper of their publique spirits who have given forth their judicious Considerations endevoring meekly and learnedly to give satisfaction to such as are studious to understand rightly in so grand a Case of Conscience as it is pretended to be X. And hence it is that the Premisses are effectual Motives some Commissioners having been designed by the Supreme Power to take Subscription to the Engagement according to the Act of Parliament unto the Accountant having declared his submission to Authority to declare also that he acteth according to right Reason satisfactory unto himself and for the satisfying of others who possibly may wonder and marvel for want of information at such his compliance SECT. II. The Account it self truly stated and clearly explained in its genuine and proper sence THe form of Subscription to the Engagement ordained by the Act of Parliament is expressed in these words viz. I do declare and promise that I will be true and faithful to the Common-wealth of England as it is now established without a King or House of Lords Howbeit it must needs be acknowledged that this form of words hath a most easie and clear sence to any ordinary capacity so as no doubt nor scruple can be contained in it Yet notwithstanding for our better making use and improvement of the certain and unquestionable meaning of it unto an effectual demonstration of its lawfulness and expediency The Contents thereof shall be resolved into the four parts or branches which are obviously remarkable and each of them explained and considered by themselves viz. 1. The particular condition of the person concerned and engaged 2. The Act of subscribing in the peculiar nature thereof 3. The object of this peculiar Act 4. The modification and restriction of the object in its limits and bounds The Explanation of the Parts and Branches I. The condition of the person engaging I An English born Subject receiving benefit and protection from this present Commonwealth as it is now established in the exercise of Christianity and of my particular Calling unto the Ministry of the Gospel in a Pastoral charge Note That which is said touching the condition of the particular person in his Calling and Capacity specified hath the same sence mutatis mutandis respecting all sorts of persons concerned in the Engagement of what Calling state degree and condition soever whether they be Noblemen Gentlemen or Commons whether they be subordinate Magistrates Judges Justices Majors Sheriffs Bayliffs or Constables whether they be Lawyers Physicians Ministers Schoolmasters Souldiers Merchants Mariners Tradesmen Husbandmen or Artificers and whether their habitations are in Cities Towns or Villages or whether of any other Province comprehended under the same Government II. The Act of subscribing in the peculiar nature of it is in this expression I do Declare and Promise that I will be true and faithful to c. Expla. The nature and sum of this Act consisteth in the exercising of truth and faithfulness and approving ones self therein as occasion offereth in no wise giving way to an acting of falshood and Treachery against the Commonwealth nor to an opposing or undermining the Peace of the English Nation under the present Government by any means nor to a contriving or practising directly or indirectly any thing to the disturbance thereof For to this effect the very Preamble of the Act of Parliament for subscribing the Engagement hinteth the sence Vid. ibid. And the Law-givers themselves are their own best Interpreters III. The Object of the Act of declaring and promising to be true and faithful is as it is expressed The Commonwealth of England Expla. Touching this branch it may be observed for the better understanding of it God that made the world and hath made of one blood all Nations of men to dwell on the face of the earth and hath determinted all the times before appointed and the bounds of their habitation see Act. 17. 24. 26. he hath so ordered and brought to passe according to the counsell of his own will Eph. 1. 11. that even Englishmen for many generations have as a Nation lived Nationally in England and been combined in a politike Body or Common-wealth according to the Rights and Customes of this Nation chosen and consented unto by the people hereof Thus is the Common-wealth of England to be estimated IV. The Modification and Restriction of the object of the Act of subscribing is limited and bounded in this expression As the Common-wealth of England is now established without a King and House of Lords Expla. Concerning this last branch it may be observed that the Common-wealth of England is now established without a King and House of Lords according to a Declaration of the Parliament intituled A Declaration of the Parliament of England expressing the grounds of their late proceedings and of setling the present Government in the way of a free State This was Ordered March 17. 1648. by the Commons in Parliament assembled to be printed and published And thus much briefly and perspicuously for the summe and parts and sense of the forme of the Engagement SECT. III. Reasons asserting and justifying the faithfulnesse and conscionablenesse of Engagement I. REASON BEcause such subscribed Engagement is agreeable to the law of nature and Nations revealed in the holy Scriptures dictated and inspired by the Spirit of the God of Nature and Nations who is our King and Law-giver Isai. 33. 22 even the one onely Law-giver who is able to save and to destroy see Iam. 4. 12. compared with 2 Tim. 3. 16. Ergo It may and ought to be subscribed This Reason shall be evidenced and illustrated according to the foure branches and parts observed in the Forme of Engagement 1. The condition of the person subscribing even one who is a Subject under this established present Government of the Common-wealth of England and receiveth benefit and protection from the same giveth good evidence and illustration to this first Reason For it is both lawfull and requisite that any person who is a Subject under any supreme power whatsoever of what kind soever the power is whether it be Monarchicall Aristocraticall or Democraticall and of what Nation soever the person and subject is it is necessary I say that such subject person be true and faithfull to such Supreme Power This is demonstrable by an Induction of particular instances viz. 1. Ioseph the son of the Patriark Iacob an Hebrew fearing God he by occasion living in Egypt having been sold thither did not onely accept imployment under the Supreme Power there but also was true and faithfull thereunto yea though Egypt was an house of bondage unto the Israelites see Gen. 41. c. 2. Mordecai a truly religious Jew of
they had also sundry conditions of persons and wayes of governing namely 1. In the Wildernesse by the hands of Moses and Aaron see Psal. 77. 20. 2. In Canaan by Judges 450. years see Act. 13. 20. 3. By Kings afterwards till the captivity and these variously obtaining their regality see Books of Samuel Kings and Chronocles 4. By variously conditioned men after the captivity neere 500. years c. and yet from Moses to Herod they were the Commonwealth of Israel see Luke 1. 5. 68. cap. 2. 25. These instances being duly observed there is just cause that English Patriots in their love and zeal of their native Country should shew themselves to be true and faithfull to the Commonwealth of England in whose hands soever the Government is established and this the rather because true Israelites indeed in whose spirits was no guile see Iohn 1. 47. were wont to be faithfull in their dayes to such their Common-wealth Let some instances of a few such Worthies of the Lords be remembred also herein who did demean themselves faithfully as present state required 1. Ioshua and Caleb incouraging the Israelites in the Wildernesse when many others discouraged them see Numb. 14. 6 7. 2. Congregation of Israel when there was no King in Israel on occasion of the horrid distemper mentioned Iudg. 20. 1. c. 3. David a private man when Goliah defied the Host f Israel 1 Sam. 17. 32. 4. Hushai the Archite acting faithfully in the time of Absolons unnaturall rebellion 2 Sam. 15. 32. 5. Obediah in the time of Iezabels persecuting malignity 1 King 18. 3 4. 6. Iehonadab the son of Rechab adhering to Iehu 2 Kings 10. 15. 7. Shecaniah stirring up Ezra to act in perplexed times Ezra 10. 2 3. Certainly such examples ought to be presidents unto the people of God in England to act as such faithfull servants of God did act in their generations 4. Lastly the modification and restriction of the object viz The Common-wealth of England as it is now established without a King and House of Lords being compared with such Texts of Scripture as by just consequence are to be made use of will strongly argue its establishment to be agreeable to the mind of God the Law-giver so as therefore there is good reason for subscribing the Engagement For this purpose let these three assertions implied in this modification of object be well considered 1. The Common-wealth of England as it is now established without a King and House of Lords is so established by the Parliament 2. The Parliament that hath declared and setled the Common-wealth of England in a free State without a King and House of Lords is the Soveraign Power in England 3. There is no just cause of refusing to subscribe the Engagement because of Common-wealths establishment without a King and House of Lords 1. Assertion The first of these Assertions may be manifested by the Parliaments Declaration March 17. 1648. expressing the grounds of their proceedings c. of setling the present Government in the way of a free State The Parliament Declaration containeth four remarkable Causes of such their proceedings and setling the Government to be viewed in a short Synopsis viz. 1. Cause The first cause was in respect of Kingly Government set up in our Nation by the agreement of the people for their protection and better government according to such Laws as they consented unto which is taken away for these Reasons 1. Reason Kingly Power was perverted by most of the Trustees and most notoriously by the late King who by many degrees exceeded the rest Such his vile miscarriage is exemplified in the Parliament Declaration by about fifty undeniable pregnant instances needlesse to insert It were good that every English Patriot had the Declaration by him in these confused times to peruse frequently 2. Reason The Kings two eldest Sonnes appeared in actuall arms against the Parliament so as no hope of future security could be expected unto the Nation from them 3. Reason There is elder right of supreme power in the people of the Land then was in the Kings children 4. Reason If any Right or Title belonged to the Kings eldest sonne the same is forfeited by the Fathers treasonable Act as in other cases even in offices of Inheritance it is wont 5. Reason The Kings younger children equally forfeited upon the same account 6. Reason It is in the same power and authority which at first erected a King for common good and afterwards findeth him to pervert his Kingship to common evill it is in their power whether they will continue his Kingly power or change it to a better 7. Reason God hath specially blessed free States who formerly were oppressed by tyranny as is seen in united Netherlands and others 8. Reason There are manifold commodious advantages to people in Free-States Manifold oppressions and dammages are under Monarchy Vast expense is wont to be by Court luxury and prodigality Profuse Donations and pensions for the promoting Tyranny yea and the Court being the nursery of vices and corrupter of hopeful branches of noble Families prevented in a Free State See Declarat 2. Cause The second cause of Parliament proceedings touched on in the Declaration respecteth the taking away of the House of Lords for just reasons viz. 1. Reason The Lords sate in an house by themselves and did not represent the people and therefore might be well spared 2. Reason They exercised a negative Vote tending to obstruct much 3. Reason They exercised a juridicall power over the persons and estates of all the Commons whereof they were not competent Judges 4. Reason Their power did specially depend on the absolutenesse of the King 5. Reason The Common-Wealth could not well beare their delaies in times of exigency 6. Liberty is left to such Lords who have been and shall be found faithfull to choose and to be chosen Representatives as other competent persons have their right unto See Declarat 3. Cause Thirdly the Parliament giveth satisfactory answers to the obvious main objections against their proceedings viz. Anticipat 1. It was intended as it was declared April 1646. for governing the Nation by King Lords and Commons in a confidence that the King and Peers would have applied themselves as had been meet but they wholly and obstinately failing therein and there being no stipulation on both sides it could not be esteemed a contract so that the Commons did most justly after their intentions 2. Although some Members of the House of Commons had some force on them it having at any time rarely happened in times of Parliament but some force more or lesse hath been exercised against them or some of them and they esteemed to be Parliament for all this yet no breach of Priviledge can be charged upon the remaining part in the House which remaining part did farre exceed such authorized number who do make an House beyond all exception 3. The Parliament hath declared that the Fundamentall Laws of the Nation
are to be continued as also Courts of Justice and Judicature in a due way See Declaration Cause Lastly the Parliaments Declaration sheweth their just and well-grounded ends in the establishing the Common-wealth as now it is without King and Lords Let the Declaration it self be exactly skanned in its full and effectuall expressions and it may appeare it was not force on some without the Parliament doors but the force of right reason on the Members within the House which hath so declared How forcible are right words See Iob 6. 25. II. Assertion The second Assertion touching the Soveraign Power of the English Parliament is taken for granted not only by the Parliament themselves groundedly demonstrated in their Declaration above mentioned in the first Assertion and likewise in their exercise of supreme power in issuing out Commissions both to subordinate Magistrates for the doing of justice and to the Souldiery for defensive and offensive warres but also it is taken for granted by others rationall men in the Common-wealth who have acted by their Commissions and this from year to year of late whilest the King lived as well as this present year 1649. yea and there are many who have published their minds touching this matter This hath been done by Mr. Prynne though now an adversary hereunto in foure voluminous parts of one of his books with a large Appendix thereunto intituled The Soveraigne Power of Parliaments whither the Reader may be referred only I doe observe hereabouts That God the onely Law-giver and Soveraign King of Kings and all supreme powers having been graciously pleased to preserve unto us in England the substance of our Common-wealth hitherto surely he hath appointed and continued unto us the Law of Nature contained in the Decalogue to be our rule of life in our severall capacities of inferiority and superiority whether supreme or subordinate as well in Civill Government as in Church and Family yea to have a Magistracy to be keepers of both the Tables see Rom. 13. 4. compared with Exod. 19. 6. cap. 20. 1. 12. And therefore our transactions in England touching our Lawes and the executing of them areby lawfull commissioned persons of severall sorts otherwise the Law of Nature feemeth to fail and so consequently are lawfully administred by them Oh that all men fearing God amongst us specially such as have complied with the Parliament after the King his leaving the House and withdrawing from it would consider soberly and seriously hereof and so take heed of daring to think or speak or act against those in Authority lest they do incurre Gods fierce displeasure See Numb. 12. cap. 2 Pet. 2. 10. Psal. 2. 12. It is hard for any to kick against the pricks Acts 9. 5. and to resist the Ordinance of God Rom. 13. 2. III. Assertion The third Assertion That there is no just cause of refusing to subscribe the Engagement in regard of the present establishment of the Common-wealth of England without a King and House of Lords It may be argued as otherwise so from the rule of our own practice who doe professe our due respects to Parliaments viz. 1. It was not taken to be prejudiciall or dangerous to the Priviledges of Parliament that the Lords spirituall as they were stiled were cashiered and expelled out of the House of Lords albeit they had been called by Writ and had formerly and very antiently been esteemed and reputed Members of that House 2. It did not infringe the nature and being of the Parliament that the King after a time with-drew himself totally from the House 3. The Parliament did retain its perfect constitution and being when very many yea most of the Lords and when very many of the Commons with-drew themselves pretending to be a Parliament at Oxford sith a competent number remained still in the House 4. It is alledged out of approved Antiquaries that in case all the Lords after a due Summons should fail to appeare and sit in the House that their totall absence doth not nor cannot hinder or nullifie the due Parliamentary proceedings whereas it is destructive to the being of the Parliament if a competent number of Commons constituted to make up an House be absent sith the Commons are the Representatives of the people see Prynnes Soveraign Power of Parliament Part 1. Pag. 43. Edit. 2. 5. It is resolved and declared by the Parliament that the King had not a negative Vote These five particular instances being duely marked together with that which the Parliament hath declared March 17. 1648. as above may abundantly convince that according to this third Assertion there is no cause of just refusall to subscribe the Engagement to the Common-wealth of England as it is now established And so the first Argument justifying the faithfulnesse and conscionableness of the subscription is fully concluded II. REASON Because subscribing the Engagement hath its due consistency and agreement with the main scope and intention of former Oaths Protestations and Covenants prae-ingaged in nationally unto the supreme Power of England approved mostly on all hands so that as right reason did then require the taking of them in their just sense so doth the same reason now require to take the Engagement For the more effectuall arguing the case by this reason these Conclusions are to be opened and considered viz. 1 Conclusion It is presumed and taken for granted that the Oaths of Supremacy and Allegiance the Protestations and solemn Covenants were made of lawfull things lawfully and in the Lord according to the sacred and divine Rule Thou shalt sweare the Lord liveth in Truth in Iudgement and in Righteousnesse Ier. 4. 2. For otherwise there is an undoubted nullity of them ipse facto sith no man ought to perform what is irrationally sworn and is in it self unrighteous and unlawfull Of this sinfull nature have been the unlawfull and unrighteous Oaths and Subscriptions of many many Ministers in this Land in the times of prevailing Episcopacy and superstitious conformity for which things sake the Land mourneth Ier. 23. 10. And therefore the swearers of Canonicall obedience of the c. Oath and the Subscribers willingly ex animo to the Articles by Cannon required to be subscribed unto have cause to set themselves to sorrow godly so as they may evidence their repentance not to be repented of which will produce the effects of godly sorrow mentioned 2 Cor. 7. 11. for otherwise the Lord will not hold them guiltlesse that have taken his name in vain Exod. 20. 7. 2. Conclusion The main and chief scope and end of the oaths of Supremacy and Allegiance formerly and of the Protestation and Covenant lately and likewise of the Engagement at the present was and is the just safety and preservation of the Common-wealth of England against illegall and violent usurpations and attempts whether of Forreiners or Natives of any sort and condition of persons in what kind or notion soever as may appear by the Statutes Acts Declarations and orders