Certain PARTICULARSS, Further tending to satisfy 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 satisfy 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 Britain's, 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 marvel 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 satisfy 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 Commonwealth 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 Commonwealth: Fidem qui perdidit, nihil potest ultra perdere. Sen. And secondly, Affirmatively, to stand for it, and endeavour 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 employed, 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 Commonwealth may be understood 1. the public Affairs and welfare of the place where his lot is cast to inhabit, and so much the word respublica doth hold forth. Non mihi soli, sed etiam 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 choose others in their places. By what hath been said you may see what is meant by being faithful, etc. viz. 1. To seek the welfare of the common affairs of this Nation, and of those grand Privileges which have cost our Ancestors and ourselves such large expense both of Bullion and blood; As namely, Magna Charta, the frequency of Parliaments, and our own civil propriety, to ourselves and Posterity. 2. To endeavour to preserve that native and natural freedom which is invested in us, that is to own Government and Governors 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 than this, that we are so far bound to it, as it shall continue thus settled; seeing this may happily not be the exact Model, but only 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 suitable to reason that no man should bear rule over others, but by their consents, and in case of maladministration 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 ourselves, and our Religion, from ruin 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 King's person may be thought incompatible, with the preservation of just Laws, and the safety of the People, than the deposition and divesting 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 removal, 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 Honour from the King, and made themselves higher than 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 Commonwealth, 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 Commonwealth, 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 shipwreck, in such a case Passengers might, by the same rule, endeavour the safety of it; and certainly much more in the Commonwealth; 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 sat in a Junto there; therefore, though a Parliament have not all its Members, yet it may be a true Parliament now, as than 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 arms, 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 assimilate 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 withal, 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 Allegiance, 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 than 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 inferior to them all, and that he is as far below a Commonwealth, as any particular person is below him, or else there had been no difference between a King of England, and Cambyses the Persian Emperor, that by a Law might do what he list; therefore if the power of the Representatives of the Commonwealth 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 Commonwealth, 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 withal, command right things, I see not why it may not be obeyed without the crossing of any former Oath, as it may appear in Christ's paying the Didrachma to Caesar; unto which children were not bound, but strangers; and the Apostle exhorts them obedience to Caligula, and Nero, than 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, than a Government upon never such immergencies, misdemeanours 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 dispense 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 Abraham's, case commanding him to kill his son contrary to a moral precept; and than if he dispense 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's a great question whether then God would have dispensed 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 Herod's 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 justify whatsoever has been the progress that has been made for the erecting of this Commonwealth? 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 itself considered; as now to instance in the King's 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, than they are true to their trust: and if they prove otherwise, than they may be as justly deposed, as the late King was. 3. They that are true to a Christian Commonwealth, as such, those cannot but be true and faithful to the Church; for the ruin of States gins 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 Commonwealth. Quest. 6 Was it the intention, in the least, either of the Scots, or English, when they entered 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 King's 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 King's heart would have been so hardened 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 King's 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 control, 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 Vriah 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 than men, but worse than Beasts, if we should not do it; for what offence can this be to them, to hear that we engage ourselves to preserve our own Commonwealth, 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 unhorsed, and in the other, he is bound legs and arms in the Saddle. 3. Falsus amor plus nocet quam professum odium. Lip. 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 saul's, nay, but we will have a King to reign over us; for if he get into the Saddle, he may possibly get some to lose him, and then he will play the Rex, and as Samson 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 prophecy; 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. count. 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 tyrannising 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 Soldiers to come to the Conquest of England, from the plentiful things in this Land; but this was confuted by God's immediate hand against them; this could not be our ground of marching into Scotland; for it is a poor Country, and the charge to Conquer and keep it, would in no wise prove advantageous. 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 public 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 patronised by the Supreme Authority thereof, Casiad. l. 3. Ep. 1. either not to act, or to do injustice, than 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 public 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 public 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 only 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 Westmoreland, 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 householdstuff carried away, and their Cattle driven away, and sold before their eyes; of which injustice no recompense hath been made unto this day; nay, though the recompense 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, lest 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 London's 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 Absalon) 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 overpowered, that the Sword must end the controversy, 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 extremely scandalous; These two are so notoriously known and confessed by them, as needs no further proof. Whether this War may not fall heavy 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 Lord's 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.