Epist Impia est promissio quae scelere adimpletur Rener de jurand cap. 3. The safety of the People is the Paramount Law this therefore takes the first place in the Covenant as most necessary for the King and other Officers are but Servants of the Common-wealth and have their rise from it and their maintenance by it and although there were no Parliament as there is no King nor House of Peers yet every one were bound by that Law to use his best endeavour to seek the welfare of the State In a Ship put case the Master and Mariners were drunk or out of the Vessel so as the Ship were in danger to suffer shipwrack in such a case Passengers might by the same rule endeavour the safety of it and certainly much more in the Common-wealth and if any such Article could be supposed to be in our Solemn League and Covenant which should oppose this Maxim we ought rather to repent of our rashness then persist in it Quest 2 The second thing objected is That there is not a full and free Parliament and therefore I may not do it at their Command To which I Answer 1. If by a full Parliament be meant the whole definite number Elected and Chosen such a number is very seldom to be found wherein there is the integral number of all the Members the Parliament was a true Parliament when many of such as were Members of it fled to Oxford and sate in a Junto there therefore though a Parliament have not all its Members yet it may be a true Parliament now as then it was 2. The Question is not whether it be such and such In rebus dubiis ac periculosis imminentibus eae conditiones accipiendae quae aliquid spei certè relinquunt but whether it be one if it be one though not in all points as it has been and hereafter it may be yet it may challenge obedience a Father has lost one of his armes and therefore imperfect is also in prison and therefore not free yet his child stands bound to obey him as if he were both perfect and free if you could assimulate the case of the Parliament to this case which in my apprehension you cannot yet the Parliament commanding right things it ought to be obeyed 3. In such a turn of time as this has been men cannot go by those common principles as when a State shall be settled every Article in our Solemn Covenant cannot be justified by the Laws of this Nation but yet it was very necessary and equitable to the rules of common safety it should be taken even so we may say that though there may be supposed defects in the Parliament and a want of some of her integral parts and withall not in that constitution and condition it were to be wished yet at such a time as this wherein God has chalked out his own way we are rather to stand adoring his work then make head against it Quest 3 But are we not bound to an old Government by our Oath of Allegeance to be true to the King and his Posterity Answ 1 We are to suppose in every Oath and Engagement which men take there are some conditions either to be supposed Aquin. Tanner 22. quest 89. or expressed I am bound to obey the King so long and so far as he is true to his Trust but if he prove unfaithful and be thought unfit to Reign my obligation ceaseth and it is agreed by the School men no man stands engaged in any matter of which he can have no certain knowledge further then when he took that Engagement he thought it would be in case it fall out otherwise he cannot be said to be bound the change of the thing intended changeth the Engagement And for his Posterity as in the election of a King the Posterity of the King is elected so in the deposition of a King his Posterity ceaseth as to right King Saul being deposed his Posterity lost their Title to the Kingdom 2. Rex est singulis major universis minor It has often been observed that the King is invested with power above any particular Subject but yet he is inferiour to them all and that he is as far below a Common-wealth as any particular person is below him or else there had been no difference between a King of England and Cambises the Persian Emperour that by a Law might do what he list therefore if the power of the Representatives of the Common-wealth be above a King then certainly our obedience to them must take place above any other Power binding us 3. If providence do hold out another way of administration in the Government of this Common-wealth who are we that we should let God And certainly God that changes times and Governments would rather have us soberly to follow his providence then to think we by our opposition can cross him in his way 4. Suppose a Government in all points were not right yet in case it be all the visible Authority that is then in being and withall command right things I see not why it may not be obeyed without the crossing of any former Oath as it may appear in Christs paying the Didrachma to Caesar unto which children were not bound but strangers and the Apostle exhorts them obedience to Caligula and Nero then Usurpers Rom. 13. 5. If such Oaths were in all points binding that a King and his Posterity in no case might be laid aside then a Government upon never such immergencies misdemeanors or necessities of state might not be altered which were to cross the way that God hath taken from the beginning of the world in the changing of humane Titles and times object Again if it be further said what say you then to the Oath which Joshua made to the Gibeonites upon a mistake which yet having made it he thought he was bound not to recede it from it by the same reason in the case we have sworn although upon some mistakes yet our Oath must be kept unviolable Answ To which I Answer It seems to me apparent that Joshua by the command of God should have destroyed the Gibeonites for no Oath of ours can disoblige us from our obedience to God yet it doth not hinder but God may dispence with his own Law as I think he did in this though it be not expressed in the Text Josh 9. as he did in Abrahams case commanding him to kill his son contrary to a moral precept and then if he dispence with it it is sufficient warrant for us to rest satisfied and this seems to be Joshuahs case but now for us we are to hold to such principles as Gods ordinary providence holds forth Again Joshuahs Oath was only as a Magistrate to suffer poor men to live under him as vassals and slaves which is far different from ours in having men to rule over us as Tyrants for in case Joshua should have sworn obedience to the Gibeonites it
ita nec malum Principem Plut. That which is pretended to bring division between the two Nations may happily prove the cause of divisions amongst the Scots that desire so much a King and say as they in Sauls nay but we will have a King to raign over us for if he get into the Saddle he may possibly get some to loose him and then he will play the Rex and as Sampson did lay about him I say no more I wish for the sakes of many honest Presbyterians amongst them my words may not prove a true prophesie for if it do our brethren perhaps may repent when it is too late Quest Whether this last Expedition of our English Army into Scotland be lawful Answ To which I Answer First Aug. cont Faust Bella suscepta caeca cupiditate ira plerumque procedunt desinunt infaeliciter Petr. ad Can. There are some causes which render a War to be unlawful 1. If it be undertaken from height of pride and a desire of Rule and tyrannizing over a Nation and therefore if a War be taken ex libidine dominandi it cannot be good the reason is because every people should be content with their present lot this hath not been the ground of our motion which may appear by our often tenders of terms of peace which they have as often rejected 2. John Stow Chron. of England If it be undertaken for hopes of gain the Spaniards encouraged their Souldiers to come to the Conquest of England from the plentiful things in this Land but this was confuted by Gods immediate hand against them this could not be our ground of marching into Scotland for it is a poor Countrey and the charge to Conquer and keep it would in no wise prove advantagious 3. Tunc solum utile est concurrere ad arma cum justitia apud hostem non potest invenire locum If it be undertaken to revenge a private quarrel a publike State stands not engaged to revenge private quarrels but there are other private Courts appointed for the ending of such as the Court of Admiralty which is common to several Nations Notwithstanding in case such Courts should be patronized by the Supream Authority thereof Casiad l. 3. Ep. 1. either not to act or to do injustice then the quarrel may become National this is not our case as shall appear because the same Courts are continued and strict justice executed on offenders unless in the case named Secondly Vbi justus exercitus deest qui hostibus opponi satis nostra curare possit tunc injuriis hostium patemus deinque bellum latrocinium potius quam bellum Polyb. lib. 5. There are some just causes why a War way be undertaken 1. When publique injuries are done by one Nation against another There were injuries done by Amaleck against Israel and thereupon Israel had a command from God to smite Amaleck 1 Sam. 15.2 I suppose no knowing man will excuse Scotland of acting publique injuries against England I shall silently pass over what injuries were done us while they pretended to be our friends which were many and unsufferable and onely pitch upon their Invasion by Duke Hamilton and that by Authority of their Parliament whose carriage was so exceeding base and cruel that many in Westmerland Cumberland and Lancashire were forced to leave their own homes to live in Woods and Mountains and such as stayed behind were beaten and had their houses rifled their houshold-stuffe carryed away and their Cattle driven away and sold before their eyes of which injustice no recompence hath been made unto this day nay though the recompence hath been demanded in a fait way at their hands now whether this may not be a just cause of this Expedition let unprejudiced men judge for my part it is clear to me it is 2. Bellum in hostile solum transserre quantum possimus debemus nam ea ratione terretur hostis ad sua tutanda revocatur Polib ibid. Bellorum res bene disponuntur cum in pace tractantur Casiad Ep. Another just cause of War may be by way of prevention as in the former War against the King it was by way of prevention least when he had gathered thousands of armed men Papists and others the Parliament might have been surprised which undoubtedly was their plot It is evident that the Scots really intended to invade England had they not been prevented by our Armies seasonable marching in amongst them as may appear from Chancellor Londons Letter taken at Dunbar wherein it plainly appears that on their Kings signing that Declaration for the maintenance of the Covenant Religion and suppression of Malignants sent unto him the which hath since been broken by them all he should have the whole body of that Kingdom to assist him in his coming into England they say the way to conquer Rome is to fight in Italy and we are sure the way to keep Scotland quiet is to March in among them To conclude Bella nihil aliud sunt quam scopae asperrimae quibus mundus sordido excrementorū cumulo liberatur pet Can. p. 94. for my part for the sakes of many godly people of that Nation who in the simplicity of their hearts have espoused themselves in this quarrel as those did that went with Absolon not understanding the design that is now driving on I wish there might yet be a happy agreement but truly I fear that party are so over-powred that the Sword must end the controversie which happily may be better for them that are godly who peradventure may see something among them which is the cause of this misery The Lord makes War as a means to purge away dross and corruption out of a Nation Two things I have observed in that Nation The one is the great oppression of Landlords grinding the faces of the poor so as they live more like Turkish Slaves then Christians The other is their promiscuous admission of all to the Sacrament of the Lords Supper unless it be persons extreamly scandalous These two are so notoriously known and confessed by them as needs no further proof Whether this War may not fall heavie on the godly for these things I leave to themselves in this their day of affliction to examine Saepe fit in bellis ut victor fleat victus intereat id est ut bella sint penae tam victori quam victo Ibid. pag. 93. Now in the behalf of so many as are godly in England I dare say they have no joy in that any harm doth befall the Lords people if it could with their own safety be otherwise It is sad in War when the Conqueror weeps and the conquered are undone FINIS
Certain PARTICVLARS Further tending to satisfie THE Tender Consciences OF Such as are required to take THE ENGAGEMENT WRITTEN By a Godly and Learned Divine London Printed by Robert White 1651. Certain Particulars further tending to satisfie the tender Consciences of such as are required to take the ENGAGEMENT THe present Engagement being a thing new and formerly unknown to our English Nation Mutatione imperiorum rarò mutantur calamitates Lopez Flor. 405. is not easily digested of many for although we read of Principalities amongst the Brittains an Heptarchy among the Saxons and a continued Monarchy both by the Norman line and long before Yet before this time we never heard of a State Government and therefore no marvell though it work on sober and ingenious men who are not acquainted with the affairs of the times and thereupon are jealous that every change may tend to the worse and not to the better For my part it hath stuck with me and therefore those considerations which have satisfied me if they may satisfie you I have my end however I hope you will candidly accept what is sincerely meant 1. The Engagement runs thus I do promise to be faithful to the Common-wealth of England as now it stands without a King and House of Lords Fides cum promittitur etiam hostibus est servanda Aug. ad Bonos In which first There is the Act I do promise to be faithful that is to say first Negatively we do promise not to act any thing secretly or openly against the Common-wealth Fidem qui perdidit nihil potest ultra perdere Sen. And secondly Affirmatively to stand for it and endevor the welfare and safety of it Now a Promise doth bind as well as an Oath yet with some difference because a Promise may be dissolved by consent but an Oath cannot unless there be some condition either expressed or implyed because it is solemnly made to God 2. Respublica est res populi Aug. de civitate Dei lib. 1. The Object the Common wealth By the Common-wealth may be understood 1. the publike Affairs and welfare of the place where his lot is cast to inhabite and so much the word respublica doth hold forth Non mihi soli sed etiā multo potius natus sum patriae Cic. Rhetor. li. 1. 2. It may be taken for such a policy wherein the original of Government lies in the people both to depose Magistrates abusing their Trust and to elect and chuse others in their places By what hath been said you may see what is meant by being faithful c. viz. 1. To seek the welfare of the common affairs of this Nation and of those grand Priviledges which have cost our Ancestors and our selves such large expence both of Bullion and blood As namely Magna Charta the frequency of Parliaments and our own civil propriety to our selves and Posterity 2. To endevor to preserve that native and natural freedom which is invested in us that is to own Government and Governours so far as they derive their power from the people 3. The Limitations that are given 1. Affirmatively as it is now established this word now carries us to the time past when it was not a Common wealth but a Kingdom or else it carries us to have reference to the time to come and then it holds forth no more then this that we are so far bound to it as it shall continue thus setled seeing this may happily not be the exact Model but onely made use of till another full Representative may be called and why any should boggle at either of these I see not for though the Government may not in all points suit their apprehensions yet our case would be far worse if there were none at all and perhaps for such a time as this the fittest expedient which could be found out The 2. Limitation is Negative without a King and House of Lords which seems to mean an utter extirpation both of Monarchy and Aristocracy and the setting up of a Government by a State near to Democracy so making the chief power to rest in the people which if it may be rightly composed in my apprehension cannot but be a happy and a lasting Government for it is most sutable to reason that no man should bear rule over others but by their consents and in case of male-administration to be questioned by them By this time you have seen what the sum and scope of the Engagement is Give me leave to resolve and answer such Questions and Objections as are usually brought against it Quest 1 The first and main one is the Covenant which we have solemnly taken unto which I would answer some general things First we are to distinguish between the letter of the Covenant and the intent of it Now the Preface to the Covenant makes these two to be main ends of it the preservation of our selves and our Religion from ruine and destruction Now if any Articles in the Covenant shall in the future cross either of these then certainly they that are Covenanteers are disobliged in such a case for no sober men will ever engage against their own safety or the safety of Religion which is more dear to them then their own 2. Though the whole Covenant be to be taken together yet so as matters of lower concernment are to give way to matters of higher concernment Honestè ab ejus foedere receditur qui communem libertatem opprimere conatur tentat Thucyd. lib. 3. so as if the preservation of the Kings person may be thought incompatible with the preservation of just Laws and the safety of the People then the deposition and devesting of the King of his Office and place can be no breach of the Covenant and in case it were presumed that the thing was not so equitable in the persons that did it yet supposing there were such a guilt on the person of the King and that in the eye of the Law both of God and man then cannot this Engagement in this particular in the least oppose the Covenant and if no man dare free him from such a guilt I see not how they can accuse such as engage upon his removeal on the most prudential way for their own safety The like may be said of the House of Lords whose sitting there was never from the People but persons that received their Honor from the King and made themselves higher then all the Commons of England yea and took the boldness to maintain it that the Commons were to propound and the Lords were to judge and lastly that none might question their Actions but by their consent how such a creature therefore might be consistent with a free Common-wealth I leave it to sober men to judge or how such should be permitted to be Judges over a Free people that were never chosen by them can consist with reason and freedom 3. Suprema pericula semper dant veniam culpa Cyp.