CONSCIENCE PUZZLED, ABOUT Subscribing the New Engagement; in the Solution of this Quaere: Whether a man that hath taken the Oaths of Allegiance, and Supremacy, the Protestation and Covenant, may, upon the alteration of the Government from a Monarchy into a Free State, subscribe this ensuing Engagement? I A. B. declare, and promise to be true and faithful to the Commonwealth of ENGLAND, as it is now established without King and House of Lords.  Zach. 8. 17. 
Love no false Oath: for this is a thing that I hate, saith the Lord.  Rom. 14. 22, 23. 
Happy is he that condemneth not himself in that thing which he alloweth.  
And he that doubteth, is damned if he eat.  
Printed in the Year, 1656.   
I A. B. declare and promise, That I will be true and faithful to the Commonwealth of England, as it is now established without King, and House of Lords. 
The Question is, Whether a man that hath taken the Oaths of Allegiance and Supremacy, the Protestation, and Covenant, may upon the alteration of the Government from a Monarchy into a Free State, subscribe this Engagement.  
Premise.  
THere is no doubt, but unengaged men may: All Governments being of themselves equally lawful. And, were we upon the point of choosing a Government, we know no reason to compel us to pitch upon a Monarchy more than a Commonwealth. And (whatever may be said in Law for the child's virtual obligation to the Oaths of this nature, wherein his father was personally engaged) we see no reason in Divinity, but our children, who never were engaged by the Oaths, Protestation, and Covenant abovementioned may (when they shall come to years of discretion) oblige themselves either by promise, or oath of fealty unto this Government.  
But the Question is concerning Engaged men: (as all, but a very few, of those, who are liable to this Subscription, are.)  
Answer to this may be made in the affirmative, upon two Concessions.  
First, if the words of the Engagement import nothing contrary to those Oaths, Protestation and Covenant.  
2ly, If (upon supposition that they do import something contrary to those Oaths, etc.) it may be made good unto us, that the obligation of our former Oaths, etc. doth cease upon this new Establishment.  
Concession. 1 First, If the words of the Engagement import nothing contrary unto those Oaths, etc. As,  
First, If by Commonwealth be meant the whole company of men and women, both of higher and lower rank, contained within the bounds and territories of these Dominions. So we were wont to call the Commonwealth in the time of Monarchy, unless when we took it for the Civil State, as contra-distinct unto the Ecclesiastical. And, if it have that large signification here, and if the words (as it is now established) be to be understood adversatiuè, and not reduplicatiuè, and so bind us to be faithful to the Commonwealth (in this sense) Licet stabilitae, and not quâ stabilitae absque Domino Regis, etc. it will be nothing contrary to our Oaths and Covenants to subscribe thereunto. For unto the Commonwealth (in this sense) we must be faithful, whatsoever Government it be under. And he that will not be true and faithful to this Commonwealth, now it is without King and House of Lords, was never (conscientiously) faithful to it, when it was subject to a King, and House of Lords.  
And we are somewhat inclined to think, that this may be the meaning. Because not only all of lower rank, but also all of superior rank (as the Speaker, and the House of Commons, the Lord Precedent, and the Council of State, the Lord General, and Council of War, etc.) are enjoined to subscribe. If they (or any of them) be the Commonwealth here meant; we somewhat strange at the Injunction. Our Kings were never wont to swear fealty to themselves, or Monarchy. If it may be declared that the words are intended in the sense above specified, we believe the Engagement cannot want Subscribers. But,  
2ly, If the words (Common wealth of England) be taken for a certain State of Government, as it stands contra-distinct to Monarchy (as it is generally conceived they are) then (without perjury) engaged men cannot subscribe thereunto, unless they fetch some help from the exposition of the words, True and faithful.  
First, If the words (True and faithful) be to be understood only negatively, and oblige a man only, not to be false, or treacherous to, or turbulent in the Commonwealth: we conceive, that a preingaged man may (with a safe conscience) subscribe to this present Engagement. Insomuch as whatsoever we were formerly engaged unto was to be compassed by all lawful ways and means, by every man in his vocation and calling. But for any private man by treachery or turbulence, raising tumults and factions to disquiet the present peace (though it be to the attainment of those ends whereunto he was preingaged) is to do evil that good may come thereby, out of his calling and vocation to act for a public good, which no man (without an immediate call from heaven) hath warrant to do. So that, if it be declared that no more is intended by the words, then what may be comprehended in the negative sense of them, we shall not refuse to subscribe the Engagement, though it be to a Commonwealth, as it stands contra-distinct to Monarchy.  
2ly, If the words (true and faithful) be to be understood positively (yet in a strict sense) so as to oblige us to submit and yield obedience to this State of government in licitis, honestis & necessariis, we may (notwithstanding our former Oaths) subscribe thereunto. For, as for those things that come within the number of necessaria, necessary duties to be performed to God, we are obliged unto them, though we were never enjoined them by men, whose command puts a tye upon us, as subjects, but such as is of inferior nature to the tye which Gods command puts upon us, as creatures and Christians. And though we obey not the Command (merely) for the Civil Sanctions sake; yet we hold ourselves bound to reverence the Civil Sanction so much the more for the Commands sake. And as for those things which come within the number of licita & honesta, things lawful and honest, though not necessary, we count ourselves obliged to the performance of them for the Commands sake (merely.) Uncommanded, we may neglect them, because not necessary: but commanded, we shall not refuse to observe them, because lawful. But we trust (in the mean while) that none will be so irrational, as to bring that yoke upon us, which neither we nor our fathers were ever able to bear: viz: to enslave us to the performance of mere indifferent things, as necessary duties, where the performance of them doth not necessarily argue us good subjects, or good Christians. But,  
3ly. If the words (true and faithful) be to be understood positively, and in a large sense, so as to oblige us to assist, and defend with our lives and fortunes the present Establishment, against all whatsoever (though it be the Parliament of England itself) that shall (hereafter) endeavour by lawful means to introduce a Monarchy, or any other State of Government in this Nation; we humbly conceive that (without perjurious forcing of our Consciences) we cannot subscribe hereunto. For this is expressly against the words of our former Obligations, wherein we are bound with our lives, power, and estates, to maintain and defend the power and 
Prot: May 5. 1641.  privileges of Parliament. And this were to pawn our souls to oppose a lawful Government in doing a lawful thing.  
Concession. 2d. Secondly, If (upon supposition that the words of the Engagement do import something contrary unto those Oaths, etc.) it may be made good, that the Obligation of our former Oaths and Covenants doth cease upon this new establishment. This is the grand Quaere.  
First, We do acknowledge, that some things, whereunto we formerly have been obliged, are (by the wonderful providence of our God) rendered infeazible and impossible to us: viz: such as concerned the person of our late King, etc. God hath disobliged us from such: and our hands are upon our mouths, because God hath done it.  
2ly, But yet there are other things, that are left by the providence of the same God feazible and possible, as, the exclusion of the Popes, and foreign Princes and States Supremacy, and intermeddling with the affairs of this Kingdom, the extirpation of Popery, Prelacy, superstition, heresy, schism, profaneness, etc. as may be seen in the particulars of those Oaths, Covenant, and Protestation. Some of which seem to cross the very intention of this present Engagement, as that particular of our swearing, to bear faith and true allegiance to the King's Heirs, and lawful Successors, etc. Unto such things as these, we are still bound, if there be not sufficient reason alleged for our disobligation to those Oaths, by virtue of the present Establishment.  
Now we conceive there may be three grounds, whereupon a people may hold themselves dis-obliged from their Oaths to former governments, upon the succession.  
First, If those Oaths were vincula iniquitatis, (i. e.) if they did oblige men unto any Government that is of itself unlawful, and contrariant to the rule of God's Word. When Monarchy shall be made good to us to be so, we shall not refuse to engage against it.  
2ly, In case the alteration be made by such, who, by the fundamental Laws of the Land, have the power of making such alteration. Which power, by the Statute of 13 Eliz: is expressly conferred upon the three Estates in Parliament. If this alteration come to us with such an Authority, we hold ourselves disobliged from our Oaths to all former Establishments, and are ready to subscribe.  
3ly, In case of Conquest; when an overruling power (by force of Arms, or otherwise) shall conquer a Nation, and render, as well the people unable to maintain their former Government, and Governors, as the Governors to defend and protect their people, in the pursuit of their Oaths, Covenants, and Obligations to them; Then we count it lawful for a people to make the best conditions they can with the Conquerors, to desire protection from them, and promise subjection to them. And the reason is, because all former Obligations either of the Governors to the Governed, or the Governed to the Governors, did extend no farther than the power of the obliged on both parts. Which power, on both parties, being, by a total Conquest, overcome by a third party; the obligation to the mutual exercise of that power must needs cease, because the power itself is ceased.  
This Case if it be ours, and it be declared, avowed, and owned that we are a conquered Nation; We are ready to make the best conditions we can for ourselves. And the former power (under the shadow whereof we breathed) being vanished, whilst we cry Quarter, and look for protection from the succeeding Power, we declare, and promise that we will be true and faithful thereunto in all things, whereby we may not draw upon ourselves the guilt of disobedience unto God.  
FINIS.