THe great Bodies Politick of States and Kingdoms, under­go the most visible and eminent, though not the most fre­quent vicissitudes. Every change of these is gaz'd upon as a signal act of Providence, firing a Beacon as it were, to rouze the World into wonder and observation: For every State and Republique or Kingdom interweaving their several interests, and linking one with another, the transmutation of one is the concernment of all. That there are such variations, who that is least acquainted with the world doth not now perceive; our Age having been spectatour of a very memorable one: And Histories will acquaint us with many other, not onely with the rising or falling of the States themselves, but with a mutation of the Government and administra­tion of them. For as it hath been observed, there is a threefold change in every State; a Rise, or increase; an Acme, or top; a Fall, or total de­cay: We may note the same in Governments, which as well as other things have their Climactericks, and Criticismes of time. This Kingdom hath been often bandied by such changes; and every such change begets new principles, and Axiomes of State-Policy; so that those, which ex­actly hit the former, are quite out-dated and worth nothing in the suc­cessive: For as I said before, though such vicissitudes are not frequent, the great Wheele of Providence not often overturning these; but the Preparatives to them working slowly and insensibly, retard the ap­proaches of them; and the grand disturbance and discomposure which necessarily accompanies, not suiting with that order, God in whose hand the Ballances are, delights in; yet they are so far different, when they come, from that which was before them, that they new-mould the subjects of then: and though many of the necessary Laws that up­held the former as a government, and not as such a government; yet many must needs be expunged and wip'd out of the Canon, as diame­trically opposite.

For the better confirming the new dispensation of a metamorphos'd Kingdome, Oathes and Engagements have been alwayes held effectuall, [Page 4]and practised as conducing; to which how farre a man may lawfully yield, is the question now on the rack, and to which I immediately ad­dresse my self.

I shall square out my discourse by these disquisitions,

• 1. Concerning Oaths and other ingagements.
• 2. Concerning Government.
• 3. Concerning this Subscription.
• 4. Concerning this Government.

1. Oathes are the strictest Tyes and Obligations, that a man can be under; for they directly respect and attest God the revenger of perjury, and conscience is specially bound by it.

An Oath then is the confirmation of any thing attested, or promised, by the invocation of God; and so a special Engagement to the perfor­mance of a promise, and the upright attestation of any thing affirmed, concerning which, we hold these three conclusions.

1. Oathes are lawful under the Gospel, for they depended not up­on any Ceremonial Right or Judicial Constitution, but are purely of a Moral complexion; and so not discharg'd Christendom, under any notion of a Ceremony out-dated, or a Judicial Rite now out-custo­med; nor can any reason be given of the ancient Institution, and law­fulnesse of them, which doth not exactly compromise with the use of it under the Gospel. They much mistake, who conclude otherwise out of Christs, Sweare not at all; which must either be understood of the neighbour-formes of swearing, or the vain and familiar custome of idle Oathes, for which it is to be feared the Land now mourns: True it is, to sweare by any thing beneath God, is not onely meerly unlawful, but comprehends in it a degree of idolatry; for none can be a sufficient witnesse of an Oath, but the Searcher of hearts; but to se­quester God, as it were, of this part of his Worship, seems sacrilegious, and there we may to such a one, Thou that abhorrest Idols, doest thou commit Sacriledge?

2. Oathes are to be taken conformable to the fence and meaning of the giver, and not under those by and underhand meanings, which we reserve to our selves; for if so, an Oath is a meer piece of mockery, and to no purpose; for the adaequate end of it being some obligation propos'd, if we yet take it, and find reasons from the Obligation of it, the end and aime of it is clearly frustrate and disappointed: Yea, the Obligation of an Oath specially respecting the conscience, and binding the inward man as well as the outward, 'tis necessary to the taking of an Oath, that the heart should as fully and freely comply with the Obli­gation and matter of it, as the outward.

[Page 5] 3. Oathes may be impos'd by a lawfull Magistrate, without domi­neering or lording over the conscience, provided it be in a case not re­pugnant to the law of God, for all must be subject to that royall law: But the great knot of this controversie lies in this, That which seems to one conscience to be according to Gods law, seems to another quite contrary; and what must the unsatisfied conscience doe? To which I answer,

The conscience may be in most points clearly satisfied, if it be not wilfull; but if it still stand out, and deny it selfe satisfied, the man so conscienc'd is to resolve upon suffering. But the Magistracy is to en­deavour all meanes to find out the native principle of resistance, and if it prove truly tendernesse of conscience, the discretion of the Magi­strate is expected in patience, and a totall forbearance, if in things not indifferent: But if after cleere representations of the lawfulnesse of the thing, the man still holds his first principle of resistance, and it be in a matter not indifferent, the penalty must be proportion'd, not onely to the offence, but the person; For a scrupulous conscience is a punish­ment, at least, a tryall of God's upon a man.

4. A Magistrate lawfully constituted can take off the obligation of an oath, if he be in materia superior, if the matter of it be in his power; as a man swearing fealty to a Prince, may by the dispensation of the Prince, lay downe this obligation: If it be in matter of Religion, or such cases, it is beyond the reach of his power; nay, hee cannot dis­engage him of that obligation knit between him and another. It is a high arrogancy of the Pope, that usurpes so supreme a Prerogative.

5. When the ratio formalis, the formality of the oath ceaseth, the ob­ligation ceaseth too. As a man swearing homage and obedience to a Prince or Lord, his obligation ceaseth, when he is unlorded or un­princ'd, because he was bound to him onely under that capacity, which ceasing, the obligation must needs cease too.

The second inquiry is concerning Government, which is a subjection of men to the obedience of lawes, and the Makers, Keepers, Officers of those lawes; whether he be onely one, and so is called Monarchy; or by a few of the chiefe, and so Aristocracy; or by the Representatives of a people, and so a Democracy. Concerning Government, I lay downe these following conclusions.

1. A government is established by the law of nature, without go­vernment a second Chaos must needs returne upon the world: This on­ly maintaines it a Cosmos, cements and joints it, that it stands and re­maines a body; every confusion is destructive; but great bodies, twisted by [Page 6]many severals, must needs presently ruinate and dissolve, if unknit by the want of goverment. Now nature being a principle of selfe-con­servation, not onely leads men to this constitution, but enstamps upon Governours such an impresse of Majesty, that it even commands the ve­ry hearts of men subjected to them. Lawes, and Governours the tutelar Angels of them, have been by all States and Politicians lookt upon as the very Basises of the world, from which if it be unhing'd, it must needs sink into a heap of rubbish.

2. The first Government came in neither by Election nor Conquest, but by the right of Primogeniture. Heires or families were heires of Kingdomes, and had the power of life and death; and so long then were the lives of men continued to them, that they might see a compe­tent Kingdome rising out of their families; their childrens children, and servants children, all members of the family, and subject to the first-borne.

3. No other government is individually a constitution of the law of nature; for if it were, they must needs offer force to nature, that are not moulded under such a government. But wee know the people of Israel, under Gods speciall administration, were subject to diverse Go­vernments, and that with Gods approbation. Nature hath not pun­ctually oblig'd men to any individuall or particular Form of Govern­ment, but only generally impress'd the notion of Government upon men, yea, and beasts too, at least a resemblance of it.

4. A Republique comes nearest to the law of nature, since the dis­banding of men from that family-government, which was the necessa­ry consequent of their abridg'd lives. It was the ambition of some stirring heads, that first screwed them into thrones; but the very di­ctate of nature seems to point men to the other, unlesse some particu­lar emergent give some one a particular, though but temporary reigne.

5. Monarchs are meerly Creatures of the Peoples choise, and de­pendent upon the continuation of their pleasure. I do not mean the hurly-burly confusions of the people, but of the orderly chosen Re­presentatives of a people; and it can be no treason, or breach of law, to proceed against them either to a deposall, or upon forfeiture of their trust, to further punishment. For if they came in by conquest, the people arm'd with opportunity may lawfully regaine their liberty; if they are meerly elective, the known axiome shall speak, Cujus est institue­re, ejus est destituere; if by both, yea, and confirm'd by succession, and en­gagements of Parliaments, and particular Subjects, yet they are [Page 7]accountable to these Creators of them, which may strip them of their authority, and disoblige themselves, if it be done by a generall consent; for if any particular man, or company of men attempt it, not war­ranted by orderly procedure, they are so long Traitors, Usurpers, Rebels, and liable to the penalties of them, as long as their actions re­main unback'd, unauthoriz'd, and discountenanc'd by the Represen­tatives of that State, who are jointly the onely competent actors, and most justly enabled to negotiate Publique affaires. And though 'tis true, Monarchy doth most resemble Gods manner of government; yet this doth not prove it the most accommodate to humane affaires, un­lesse we could attaine to a succession of Kings perpetually, that would exactly imitate God in his dispensation. For the height and unlimi­ted power of Kings layes them open to the strongest provocations and temptations to Tyranny, and facilitates to them the destruction of that Kingdome they are ordained the defenders of; for I cannot conceive of them as other than Officers of the Kingdome, chosen to the highest Province and charge by the People; or else, who have cut their way to the Throne by the sword; whom the next opportunity may as lawful­ly dethrone and dis-impower.

Three objections impugne these Premises.

1. We read of no such power in Scripture instituted on the people of Israel, but rather the contrary. To omit some footsteps that may be found of it, we will concede; but yet the case is farre different, for we read of God's speciall acting in the promotion of those to the Throne, which we can no otherwise ghesse of now, than by the hand of Provi­dence, which permits of many things it doth not approve of.

Obj. 2. God attributes to himselfe in speciall the dealing with and ordering of Kings, setting them up, turning their hearts, entitling him­selfe King of Kings. I answer, we may find as many eminent expres­sions of others, meaner Officers, as of them. But let that be granted; God herein condescends, as in many other places, to the customes of men, amongst whom Princes are look'd upon generally as the most absolute and supreme, & so it is argumentum à majori; if God swayes their Scepters, and hath them at his direction, much the more, sublunary men of the world, that move in a lower sphere: He must be a great King, that is King of Kings, who disposes of the Kings and Kingdomes of the world.

Thirdly, They object the Example of primitive Times, who found neck for any yoak, and back for any sufferings, that they might not pre­judice the Royal Prerogative, or prove in the least commotioners of States. But I answer, let it first be pro'vd, that there were such com­petent [Page 8]numbers of Christians, as might make up and be orderly cho­sen the Representatives of a Kingdome: and then we have yet a re­serve, and a full answer to their objection, viz. In those times, the pro­vidence of God so directing it, the sufferings of the Christians were im­prov'd to the advantage of the Church, according to that receiv'd Axiome, Sanguis martirum fuit semen Ecclesiae, The Churches harvest was rooted in the Martyrs blood. And so eager were men on propagating the Church this way, that many doubt, whether they were not ho­nestly, and with good intentions, profuse and prodigal of themselves by their over-liberal sufferings.

I come now to speak of the third proposal for Inquiry.

3. Concering this Subscription; and first briefly, as I promised, of the nature of Engagements. Engagements are of an order inferior to Oaths, not attesting God, not immediately eyeing Religion and Conscience; but obligatory by the law of mutual Faith and Honesty, the Pillar of humane Converse. So that a man may with lesse regret give up himself to such a tye, and the Magistrate with greater authority exact it; Not that I would hereby prejudice the Civil-world, by introducing an un­obliging principle, to the Faith promised and oblig'd by Engagement, or open a back-door and evasion to dishonesty; for though some pro­mises imply conditions, yet I conceive Engagements and Promises of this nature, as strict in this respect as Oaths, that a man is to eye all inconveniences, and not after the submission to the Engagement make inquiry; but their Obligation differs in regard of the witnesse of our Engagement, God being concern'd immediately in one, man imme­diately in the other; and in regard of the principle engag'd, in one Conscience and Religion, in the other Moral Honesty and Faith; so that the latter bears not the face of dominion over Conscience, as the other doth, and so with more right may be impos'd by the Civil Magi­strate. But particularly, This Engagement is of the same nature, justly impos'd by the Civil Magistrate, justly may the neglect of it be punish'd by him according to his arbitrement, because the refusal cannot con­sist with the good of the Common-wealth. The rest of the time will be well spent in the removal of Objections: And first,

1. It is opposite and contradictory to Oaths, Engagements of a higher nature, yea to a Solemn Covenant. For the first, we grant it is so: But we answer, the Obligation of those Oaths, is already ceas'd; for, the formality of the Obligation is null'd: As, we were bound to the maintaining of the King and his Heirs; but they being wholly annihi­late, the Obligation must of necessity cease, as we prov'd heretofore. [Page 9]They were Kings, by the common consent of the People, which hath dethron'd them; so that we are wholly disengaged and free.

For the Covenant, I answer, it is not contrary to that, contending onely for that Government which is suitable to the law of God and Reason, with both which this Law is exactly correspondent, which we have pro'vd before.

2. It contradicts the former agreeances of themselves, the Agree­ment of the People, and the like; an Argument much prest in a pub­lique auditory, though something unsuitable to an exercise proper to practical Divinity. That which was concluded by some Pieces or Parts of the Kingdom, doth not reflect on the whole; or, was it con­cluded by the Body or Representatives of it, yet it was not matur'd nor ratified, and so not engaging to non-alteration: Besides, I do not conceive of this Government, as a thing unalterable; nor this En­gagement, as such as for ever to disoblige us to any other; but onely thus far it binds, to restrain the irregular motions or insurrections of any not lawfully called to it, and obliging to the confirmation of this, till altered by due course of law. So that if the Representatives, and Pillars of this Government, should now on the sudden face about, and revive the ancient Monarchy, we were not at all bound to the support of this, by this Engagement: for so long I account any Government unlawful, whether introduced by Policy or Conquest, and a meer Usurpation, till it be confirmed by the Representatives of a Kingdom; and those, Factions and Rebellions, that comply not with the motions of these; here onely excepting any such Constitution, is a real de­structive of Christian Religion, which is not the case now in hand.

3. It is not imposed by a lawfull Magistrate. Which leades me to the fourth inquiry, concerning this Government; which is composed of the Representatives or Choise of the Kingdom, voting together in con­sultation and determination of businesses of State, and having an in­fluence upon all Officers, Courts of Iudicature, without the assistance of King or Lords. Against which it is objected by some, that it is no Government. To which I answer, in the essential requisites it is; though it cannot but be confest, by the distractions and parties that yet keep up these severall factions, by the infancy of it in this Kingdome, it is not in all points so composed, as time and continued peace may order it. For we know, that of all the things imaginable, nothing meets with more difficulty, then the re-setling a Kingdome, that hath suffered some great mutation: 'Tis no small paines that must reduce every No­tion to its right channel, silence all the clamours and complaints of [Page 10]men, refute the bold pretences and intrusions of others into Govern­ment. And therefore one compared the alteration, yea, but the suc­cession of Princes, to the removing of the world from one shoulder of Atlas to the other; in which time it is not imaginable, but the Earth must suffer a kind of Epilepsie, an Ague-fit, as it were; but much more, when the strain of a Government is quite changed. I have said enough to the lawfulnesse of it in the former Conclusions, and chiefly now look upon the gaps in it, the escapes not yet mended; and compare them with what we enjoy, and consider the Apologies may be made for what is wanting, with which we will begin. And those we find chiefly to proceed from the Three great Challengers of an Interest in the King­dome, to be opposed.

1. Those wholly addicted to Monarchy; against whom, though there hath been little need as yet of Medicinal physick, yet much of Prophylactick. I say, to prevent the designs of those, whose judgments are wholly devote to Monarchy, and its utmost exactions; are wholly for the Prerogative-Royal; and the hard yoke so much groan'd under by others, is to them like an ornament; who think the little finger of this Government, thicker then the loins of the former; the grievances of the former, whips; the lashes of the latter, scorpions. Now from such judgments, what can be expected but suitable practises and plots, to return things to the ancient Model; and they have this to encourage them in their hopes (which cals for the greatest prudence of the present Authority) The votes of all other Monarchs, whose interests must needs joyn with the full glory of Monarchy, though probably other inferior ends may a little rebate the edge of their desires this way. But who would not fear such a storm? and can this be any other then a remora to the full and free establishment of affaires?

2. The Party in the Kingdom, who would moderate, but not de­stroy Monarchy; they were for the Government, but not the extrava­gancy, nor full cariere of it; and I must ingeniously confesse, it seems a very excellent Form, as might be made out, if it were seasonable; onely thus excepted; It was not approved of by the Supreme Power of the Nation. Now the satisfying in some things, and restraining in o­thers this Party, cannot but have some time impeded a full settlement; for the care that must eye every appearance of danger, could not but a while attend this, which had not only a Chymera of fear in it; consi­dering, that not onely a great part of the Kingdom, yea, and of the best part too, the Ministery, who have the advantage of the Pulpit; many of the Nobility, who have great trains of dependents, yea most of the [Page 11]Gentry, and the whole Kingdom of Scotland are engaged as partisans in it, and very probably the whole body of Royalists complying at least with the opportunity of their action.

3. That Hydra of confusion, the motley hundred-headed Faction of the Levellers, like a Torrent threatning to carry all before them, who created two troubles this last yeare to the Government on foot: On which a very diligent eye, and a strait bit is necessary; for it being an at­tempt, that is entertained in the dregges of the people, and basest sort of men, and deriv'd to them from some that have the power of the sword, and others the knack of committing powder-plots to paper, baited with very plausible insinuations, is like to carry high, if once well on motion; and though it hath had some discouragements, yet doubt­lesse takes up the most serious thoughts of our Senators, lest it prevaile above them. For of all that I have yet nam'd, I confesse, in my thoughts, this bids fairest for a Supremacy, I wish I may be so well deceived for though I believe it is look'd upon as a meere bubble or trifle, that must needs be its owne ruine; yet if well scann'd, it will prove a very poli­tick Constitution, though a most Atheisticall one. 'Tis true, the hang-byes of it, I meane, the furious Vulgar, conceive of it as a thing of such a nature, that would never endure, yet as it is contriv'd and plotted by the great Engineers and movers of it, is farre another thing. Ile adde,

4. The prosecution of the warre in Ireland, a necessary Expedition for the English safety, hath stood in the way of other dispatches. A ser­vice which hath been hitherto prosperous to amazement, and may well justifie the care of it, by its successe; wherewith the undertakers and abet­ters of it are sufficiently rewarded: besides, the safety and security hath smil'd on England, by the removall of that danger, and hath shut up the way against the invading feare of Invasion. Now all these laid toge­ther, may apologize for greater defects, than we can object against the present Government, as will appeare if we look upon them.

1. Ile begin with the greatest first, and that is, The not effectual settle­ment of Learning and Religion; for Learning is the Onely ordinary means for the promotion of Religion. And here, O ye Worthies! let me speak in the behalfe of this great pillar of States, without which they crumble into confusion, and sinke into Barbarisme; Religion leaves that Kingdome suddenly, that is not pav'd and adorn'd with [Page 12]Learning. Tell me, what hath reduc'd this face of thing, into so excel­lent a forme, that mean Proficients now excell many great Names, that were on the wing in former times, but Learning? shou'd we remember the Popery and Superstition of former times; let us remember the want of Learning: And can we hope that Religion should stand firme, when this is discountenanc'd? Lord, let us never see the result of such a depar­ture! Religion is still unsetled, and 'twere worth our most earnest pray­ers, that we might see it composed, and the Government of the Church strongly confirm'd. And what more effectuall meanes, then the setling of a competent meanes for the Ministry, and Universities of the King­dome, those springs that make glad the City of God. But let us consi­der, in comparison with this, the Essentials of both these yet maintain'd and upheld, and the gracious offertures for the promotion of them in the circumstantials; and I wish the further prosecution of it may be the serious care of those that sit at the Helme. Government is necessary to Religion, and Religion essentiall to good Governments and there­fore all States have joyn'd these, in die cementing themselves, and uni­ting all into a body.

2. The Taxes and burdensome Impositions, that so pinch mens shoul­ders, are great arguments and complaints against this Government. But let us consider the necessity of them; Can an Army be maintain'd with­out these? can the great charges and expences be defrayed without them? and can the state of things be held up in any tolerable conditi­on, without the help of Armies? Did we not cry out upon former Taxations and Subsidies; and will we not be content with temporary exactions, to be freed from standing ones? But what, say some, is become of those great sums, that Royal Lands and Spiritual Manours have brought in? I answer, Shall we put in trust our selves, and status, and not relye upon the faithfulnesse of the intrusted? We may with more equity, if we consider all things, wonder at the fewnesse and lightnesse of such exactions, then quarrel at the superfluity.

3. The perpetuity of the Parliament, and too long Power of the Representatives. But let us consider, whether it be for our security, that in this flux of things, and the storm that is in the world, the Great Balasters of it should give up their hold, and leave affairs to that for­lorn hope, that necessarily will ensue upon such an inter-regnum, as it were: These things are to be done by degrees, and insensibly, when bu­sinesses [Page 13]are nearer a full and happy accommodation. Rather let us blesse our selves in that Order and Hope we sit under, by the prote­ction and prudence of those faithful Steerers, that have stood up for our safety, that have ventur'd and hazarded their all for us, and who are daily consulting a further settlement and assurance of our hopes. And thus far I dare promise my self, that every day will give us greater encouragements, till our desires arrive to a kinde of non ultra. I have now performed the task I set my self; if it may gain its end, I shall think my self well rewarded; However, it cannot but remove prejudice, ex­cept wilfully and causelessely retain'd.