THE ENGAGEMENT Vindicated & Explained, OR THE REASONS Upon which Leiut. Col. John Lilburne, took the Engagement. Published by a Wellwisher to the present Authority, on purpose to satisfy scrupulous minds in the lawfulness of taking the said Engagement. January 22. 1650. Licenced according to Order, and entered into the Register Book at Stationers Hall. LONDON, Printed by John Clowes, and are to be sold at the Blue-anchor in Cornhill, and at the Black Spread-Eagle, at the West end of Paul's. 1650. The Publisher to the Reader. Courteous Reader, UNderstanding that this following Epistle was pened by Mr. Lilburne, to be sent to Alderman Tichburn the speedy ejection of whom out of the Office of a Common-Counsel-man, by the means of the said Alderman prevented it seemeth, the seeing of it; but a Copy of it accidentally coming to my hand, I thought good for the public benefit, to present it to the public view; that so Scrupulous minds may receive satisfaction by it, to take the said Engagement. CERTAIN REASONS Wherefore Lieut. Col. JOHN LILBURNE took the present ENGAGEMENT. SIR, BEing a Freeman of London of about ten years standing, and having for some time Resolved, upon Friday 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 Custom, may entitle 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 Friday morning last by your public Beadle, warned as an Inhabitant of your Ward, to be at Blue-coats Hall in Christ's Church at the Ward-mote; where by the affection of divers Inhabitants, I was put in nomination for the year ensuing to be one of their Common Counsel; and when the question was put for me according to your custom, 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 do Declare and promise, that I will be true and faithful to the Commonwealth 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 entreated you to let me speak a few words to them, promising you to be very fair and moderate; but you answered me, it was not the business of the day; but the people crying out, hear him, hear him, you were pleased to let me go on a little; but being not well pleased with what I said, you finally stopped 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 engaged and bound by a special tye, to perform that which before was a duty at large, or at random upon me; for by the Commonwealth 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 conjoined. First, By the Commonwealth I understand all the good & legal People of England to be meant. And this I do conceive the rather, because the Engagement-makers have voted & declared them to be the Sovereign or true Fountain of all just power amongst men, and to them by God's Assistance I will be true and faithful. Or secondly, By the Commonwealth of England I understand the essential and fundamental Government of England, as it is now established, which I conceive principally to consist in 3. particulars. The first of which is annual and successive Parliaments, which is the People's essential right to in joy, as is declared by 3. several 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, entitled, an Act for the preventing of inconveniences, happening by the long intermission of Parliaments; which Acts are strongly backed to be the People's undubitable Right, by several 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 declare. 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 people's Liberties, the violation of which is aggravated to the King against him, by his prosecutor Mr. John Cook, in his case stated pag. 7. 11. 14. 17. 18. 20. And also by the Precedent 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 myself was lately Arraigned, which bears date the 14. of May and the 17. of July 1648, the substance of all foregoing 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 entrusted by them for that purpose; so that annual & 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 essential of the Government of this Nation, is Trial by Juries of good and Legal men of the Neighbourhood; which manner of Trial, being far more ancient than the conquest, I Love and Honour, and by God's 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 process of Law; as it is more at large (with that just and equitable Trial 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 Shipmoney, both of them made in the 17. of the late King; all of which are backed with two several late Declarations dated the 9 of February, and the 17. of March 1648. In both which, it is fully and particularly declared, that the things, and the prime esenciall and principal foundations of the Government of this Nation; which good old Laws & Customs 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 excellent Laws which have continued in all former changes, and being duly executed, are the most just, free and equal of any other Laws in the World, and they there spend many Arguments, to illustriate the equitableness, justness and excilency of them, and also there solemnly Declare, that really and in good earnest they will maintain, preserve, keep and uphold the said fundamental 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 excellent Law of the Petition of Right, as they themselves there call it; unto all which, by the assistance of the Almighty, I will be true to. Now, having affirmatively Declared what I conceive by the Commonwealth of England, I am necessitated in the second place in the Negative to Declare, that by the Commonwealth of England, I do not in the least understand it to be meant abstract, or individually of the present Parl. Counsel of STATE or Council of the ARMY, or all of them conjoined, my Reasons are; First, Because the Members of the 3. said Counsels 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 ties and binds him in a more nigher relation to be true to himself then all outward and visible Engagements can compel him to be, and to tender a man an ENGAGEMENT to be true to himself, 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 than 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 affairs, and ordering the Government of this Commonwealth, and matters in order thereunto, with which they are entrusted 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 Commonwealth in the Engagement named. Secondly, That they are not supreme, but subordinate, being at most but trusties, who by virtue thereof, can rightfully make no ENGAGEMENT for me to take absolutely, but only 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 Commonwealth 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 itself is from God, or the prime Laws of nature, without which by reason of man's corruption by the fall, he cannot live as a rational Creature, and the forenamed things are to me the essentials of the established Government of England, and were so reputed before the Conquest; but as for the forms 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 seek to obtrude all or any of those hurtful 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 Cook in the King's case stated page 8. that Rules by lust and not by Law; not of Gods making nor approbation, but only his permission, and in page 22. he further saith, Will and Conquest makes a little amongst Wolves and Bears, but not amongst men. So with my respect tendered to you, I take leave to subscribe myself, yours, as fare as you are truly the COMMONWEALTHS. December, 1649. JOHN LILBURNE. FINIS.