CERTAINE REASONS Wherefore Lieut. Col. JOHN LILBƲRNE tooke the present ENGAGEMENT.
BEing a Freeman of London of about tenne yeares standing, and having for some time Resolved, upon Fryday last of late to live within the City; in order to which, I really took such a lodging as by the possession of which (till I can get one more convenient for my family) as both in the Eye of Law, Reason and Custome, may intitle and denominate me, to be an Inhabitant in that Ward; where, and for which at present, you are particularly Alderman; and having eaten, and drank, and lodged in my new habitation, I was upon Fryday morning last by your publique Beadle, warned as an Inhabitant of your Ward, to be at Blew-coats Hall in Christs Church at the Ward-mote; where by the affection of diverse Inhabitants, I was put in nomination for the year ensuing to be one of their Common Counsell; and when the question was put for me according to your custome, I withdrew, and afterwards found, that my election by majority of hands was clear, without all manner of dispute; whereupon according to the Act you tendered me the New Engagement in these words, I doe Declare and promise, that I will be true and faithfull to [Page 2] the Common-wealth of England, as the same is now established, without a King or House of Lords.
Sir, You may please to remember that I told you, I could easily and freely subscribe it, provided, in regard I had formerly been very scrupulous, in taking any Engagements at all made by the Parliament, and had formerly very much opposed their Engagements and Covenants; and therefore to avoid that scandal that might redound to my reputation, by signing the present Engagement, without declaring before all the people there present, the grounds of my so doing; and therefore I intreated you to let me speak a few words to them, promising you to be very faire and moderate; but you answered me, it was not the business of the day; but the people crying out, heare him, hear him, you were pleased to let me go on a little; but being not well pleased with what I said, you finally stopt me, whereupon I was necessitated to tell you, that seeing you would not let me speak my mind, I must be necessitated to write it to you, which thus followeth.
Sir, I am an Englishman by Birth & Breeding, & therefore have inherent in me an affection, an obligation or tye of respect unto it the Land of my nativity; but by signing this Engagement, I become solemnly and seriously ingaged and bound by a speciall tye, to performe that which before was a duty at large, or at randome upon me; for by the Common-wealth of England in the Engagement mentioned, I can understand nothing else to be meant, but one of these two things, or else both of them conjoyned.
First, By the Common-wealth I understand all the good & legall People of England to be meant. And this I do conceive the rather, because the Engagement-makers have voted & declared them to be the Soveraign or true Fountain of all just power amongst men, and to them by Gods Assistance I will be true and faithfull. Or secondly, By the Common-wealth of England I understand the essentiall and fundamental [Page 3] Government of England, as it is now established, which I conceive principally to consist in 3. particulars. The first of which is annuall and successive Parliaments, which is the Peoples essential right to in joy, as is declared by 3. severall Acts of Parliament, now in force and unrepealed, viz. 4. Eliz. chap. 14. and 36. Eliz. chap. 10. Both which are confirmed by the Act of the 16. of the late King, intituled, an Act for the preventing of inconveniences, happening by the long intermission of Parliaments; which Acts are strongly backt to be the Peoples undubitable Right, by severall Parliament-Declarations: as particularly the Parliaments grand and first Remonstrance of the 15. of Decemb. 1641. 1 part. book decler. pag. 17. and there declared, of the 2. of Novemb. 1642. 1 part. book declar. pag. 702. 709. See also the 4. part. Cooks instit. fol. 9. 11. 42. published by the Parliament; yea and in the Charge against the late King, in the first branch thereof: the said frequent and successive Parliaments is owned and declared to be the foundation of the Government of this Nation, and of all the peoples Liberties, the violation of which is agravated to the King against him, by his prosecuter Mr. John Cook, in his case stated pag. 7. 11. 14. 17. 18. 20. And also by the President of the High Court of Justice, in his last Speech against the King, the 27. of Jan. 1648. pag. 11. And in the very beginning of both the Acts of Treason, upon which I my self was lately Arraigned, which bears date the 14. of May and the 17. of July 1648, the substance of all fore-going is confirmed; for it is there declared, that the people shall for the future be governed by its own Representatives, or Nationall meetings in Counsel, chosen and intrusted by them for that purpose; so that annuall & successive Parliaments or Representatives is fully owned, and Declared to be the prime, or chief foundation of the Government of this Nation, unto which by the strength of God I will be true.
The second main essentiall of the Government of this [Page 4] Nation, is Tryall by Juries of good and Legall men of the Neighbourhood; which manner of Tryall, being far more ancient then the conquest, I Love and Honour, and by Gods blessing will be true to it.
The third main esenciall of the Government of this Nation is, that no man shall be dispossed of his life, limb, liberty or estate, but by due processe of Law; as it is more at large (with that just and equitable Tryall by Juries) contained in the ch. 29. of Magna Charta and the Petition of Right; both of which, are every branch of them fully confirmed by the Act that abolisheth the Star-Chamber, and the Act that nuls Ship-mony, both of them made in the 17. of the late King; all of which are backt with two severall late Declarations dated the 9. of February, and the 17. of March 1648. In both which, it is fully and perticularly declared, that the fore-mentioned things, and the prime esenciall and principall foundations of the Government of this Nation; which good old Lawes & Customes they (there) call the badges of our freedom, the benefit of which our Ancestors (say they) enjoyed before the Conquest or Norman-slavery, and spent much of their blood, to have conformed by the Great Charter of the Liberties of England, and other exelent Lawes which have continued in all former changes, and being duly executed, are the most just, free and equall of any other Lawes in the World, and they there spend many Arguments, to illustriate the equitablenesse, justnesse and excilency of them, and also there solemnly Declare, that really and in good earnest they will maintaine, preserve, keep and uphold the said fundamentall Laws of this Nation, for & concerning the preservation of the lives, properties & Liberties of the People, with all things incident, appertaining and belonging thereunto; as they are laid down in that excelent Law of the Petition of Right, as they themselves there call it; unto al which, by the assistance of the Almighty, I wil be true to.
[Page] Now, having affirmatively Declared what I conceive by the Common-Wealth of England, I am necessitated in the second place in the Negative to Declare, that by the Common-Wealth of England, I do not in the least vnderstand it to be meant abstract, or individually of the present Parl. Counsel of STATE or Councel of the ARMY, or all of them conjoyned, my Reasons are; First, Because the Members of the 3. said Counsells take it as well as any others, and therefore it is not abstract to themselves that they take the Engagement to be true to; for it is incongruous in reason, for a man to take an Engagement to be true to himself, because there is inherent in him, an inbred tye or bond which is one with him, that tyes and bindes him in a more nigher relation to be true to himself then al outward and visible Engagements can compell him to be, and to tender a man an ENGAGEMENT to be true to himselfe, would argue, he were judged to be void of a naturnll affection to himself, which in reason no man in his right understanding can be supposed to be, & though the people were compelled to take the Oath of allegiance to be true to the KING; yet that Oath was never compelled upon him to take to be true to himself.
2. The Engagement-makers own a higher power then themselves, for their own words in the very beginning of the foresaid Declaration of the 17. of March, 1648. are thus, the Parliament of England elected by the People whom they represent, and by them trusted and authorized for the common good, and in the same Declaration, pag. 27. they have these words, viz. the managing of the affaires, and ordering the Government of this Common-wealth, and matters in order thereunto, with which they are intrusted and authorized by the consent of all the People thereof, whose Representatives by election they are, so that here is a clean confession of two things, viz.
First, That themselves are not the Common-wealth in the Engagement named.
[Page] Secondly, That they are not supream, but subordinate, being at most but Trustees, who by vertue thereof, can rightfully make no ENGAGEMENT for me to take absolutely, but onely conditionally, to be true to them as far as they are true to their trust; the main ends of which are before in their own words declared, and therefore I took not the Engagement in any sense as apyrehending them abstracto to be meant by the Common-wealth therein named. And so much at present for the first part of it.
Lastly, As for that part without a King or House of Lords, for my part I say Government it self is from God, or the prime Lawes of nature, without which by reason of mans corruption by the fall, he cannot live as a rationall Creature, and the forenamed things are to me the essentialls of the established Government of England, and were so reputed before the Conquest; but as for the formes of Government, I for my part look upon none jure divino. And therefore shall to the utmost of my power, as by the Engagement I am bound, oppose as far as in me lies, all manner of persons by what names or Titles soever they be dignified and distinguished, that shall by their own wills seeke to obtrude all or any of those hurtfull arbitrary Prerogatives, that the late King or House of Lords assumed to them, it being not so much Titles as tyrannous, or arbitrary actions that make the people miserable, that Creature being saith John Cooke in the Kings case stated page 8. that Rules by lust and not by Law; not of Gods making nor approbation, but onely his permission, and in page 22. he further saith, Will and Conquest makes a little amongst Wolves and Beares, but not amongst men. So with my respect tendered to you, I take leave to subscribe my self, yours, as farre as you are truly the COMMONWEALTHS.