Certain particulars, further tending to satisfie the tender consciences of such as are required to take the engagement· / Written by a godly and learned divine.

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. 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, its a great queſtion whether then God would have diſpenced with his own law, and therefore it doth evidently appear that men are not bound to all ſuch unjuſt Oaths, as out of raſhneſs, or ignorance, they may, upon ſome occaſions, be brought to take; for then Jephtas raſh vow, and Herods wicked and ſinful Oath might not have been broken; the which I think no ſerious or ſober man will affirm.

Queſt. 4 But does not this ſubſcription juſtifie whatſoever has been the progreſs that has been made for the erecting of this Common-wealth?

Anſw. There is a double juſtification; of the fact, and of their perſons; Sublata religione corruere rempublicam oporlet, quoniam ſublato Dei timore ſequitur impietas & ruina imperiorum. Lopez. pag. 573. Grande quidem eſt procerem eſſe, ſed multò grandius eſt de proceribus judicare. Caſ. Ep. now the fact may be lawful in it ſelf conſidered; as now to inſtance in the Kings caſe; his taxations of the people unjuſtly, his introducing of Popery into the Kingdom, making wars againſt his Parliament, and ſhedding of the blood of many of his ſubjects, by his Agents in the three Kingdoms, were ſo great, and ſo manifeſt, that I ſuppoſe few will deny but that there was ſuch a guilt on him, as that both in the eye of the Law of God, and man, he juſtly deſerved that which is now fallen on him; and if ſo, no man can deny the lawfulneſs of the thing; but as to the perſons that did it, whether they ſhould have done it, and at that time, and what intentions they had in ſo doing, none of theſe queſtions reach us, becauſe there is not the leaſt hint of them in the Engagement.

Queſt. 5 Is there any probability of the reformation of Church, by this Engagement, which we have covenanted for?

Anſw. 1 The Parliament has taken the Covenant alſo; and if they fail in their truſt, it will be their ſin; for our parts we can do no more in our places, but endeavour it, and pray for it.

2. No man is further bound to any perſon, Omnes tyranni conflati ſunt perfidia & crudelitate. Lopez. p. 3. Fulcrum imperiorum eſt ſervare religionem. Lipſ. Turbata religio politiam turbat. ibid. or perſons inveſted with power, then they are true to their truſt: and if they prove otherwiſe, then they may be as juſtly depoſed, as the late King was.

3. They that are true to a Chriſtian Common-wealth, as ſuch, thoſe cannot but be true and faithful to the Church; for the ruine of States begins at the Church; and if the Church be oppoſed, God will not bleſs that State: the reaſon is, becauſe a well-reformed Church, is the greateſt preſervative of a Common-wealth.

Queſt. 6 Was it the intention, in the leaſt, either of the Scots, or Engliſh, when they entred into this ſolemn Covenant to alter the Government?

Anſw. 1 It ſeems to me, that that limitation which is made of the preſervation of the Kings perſon upon ſuch terms, as was before mentioned, was put in by way of caution, ſuppoſing that there might ſuch emergencies come to paſs, as might occaſion ſuch a thing; otherwiſe why would they have put in that limitation of preſervation of juſt Laws, but that it limits out, that in caſe the King ſhould ſeek the deſtruction of juſt Laws, that our Covenant did not then oblige us.

2. For our intentions, they are to be conſidered either as general, or ſpecial; now in any humane thing it is not poſſible for men to foreſee all the ſpecial conſequences which may fall out upon any engagement which ſhall be made; it is ſufficient that the general ends of it be kept firm; at the entrance into the Covenant, no man would have imagined ſo much blood ſhould have been ſhed, or that the Kings heart would have been ſo hardned as it was; and therefore in ſpecial, I believe a change of Government was not intended by any, ſaving as I have ſaid, in general terms.

3. I do not ſee but the Covenant we have taken, and the Engagement now required, may well ſtand together; our Covenant as has been ſaid, binds with a limitation to preſerve the Kings perſon, but it binds without any limitation, to bring Delinquents to puniſhment; and therefore, in caſe it may appear, that the King was the greateſt Delinquent; then the latter Article, which is without any limitation, ought either to be expunged, or of neceſſity to take place: perhaps ſome would ſeek to blind our eyes, with that old maxim of ſlavery, viz. That the Kings of Engl. can do no wrong; whereas indeed ſuch a Principle puts them in a capacity of doing wrong, and the greateſt Tyranny without controule, which were to make the King an abſolute Tyrant, and the people abſolute ſlaves: again, if the King can do no wrong that commands, why then ſhould his Officers that are put upon unjuſt actings, by his inſtigation, and Authority, be accounted guilty, and to ſuffer for their obedience? and why ſhould the Capital Offender eſcape the ſword of Juſtice as guiltleſs, and poor underlings, ſuffer at the Bar of Juſtice, as guilty? It is ſaid of David, that he had ſlain Ʋriah by the ſword of the children of Ammon: and in another place David confeſſed, I have ſinned, but what have theſe ſheep done? therefore a King may do wrong as well as others.

Queſt. 7 But will not this Engagement divide between the two Nations?

Anſw. 1 They have no reaſon that it ſhould; for what has any Nation to do with thoſe affairs that are proper and intrinſecal to themſelves, Multi ſibi & aliis calamitates accerſunt, qui primas occaſiones lapſuum non vitant. Lop. pag. 377. Vide Ruther. Lexet Rex. queſt 31. and peculiarly concern its own preſervation? we were not only leſs then men, but worſe then Beaſts, if we ſhould not do it; for what offence can this be to them, to hear that we engage our ſelves to preſerve our own Common-wealth, ſo long as our Engagement binds us not to act any thing prejudicial to them, unleſs they have ſome envious affection to us, hoping by our diviſions to make us a prey unto them? otherwiſe it may be an offence taken, but not given.

2. There is no ſuch great difference between the tranſactions of the Scottiſh affairs and ours, that ſhould make ſuch a diviſion; for what great difference is there between binding a King hand and foot, whom they dare not otherwiſe truſt, or elſe by force and Arms to keep him out, and between his total ejection as a man perilous to ſit in ſo high a place of Truſt? Surely to me there doth appear no great difference between their change of Government and our Government changed, unleſs it be in this, that in the one, the Tyrant is unhorſt, and in the other, he is bound legs and arms in the Saddle.

3. Falſus amor plus nocet quam profeſſum odium. Lip. Ʋt malum cibum nec retinere poſſis ſine noxa, nec rejicere ſine moleſtia, 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, plerum que 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, Ʋbi juſtus exercitus deeſt qui hoſtibus opponi & ſatis noſtra curare poſſit, tunc injuriis hoſtium patemus; dein que 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.