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authority_n law_n people_n power_n 6,970 5 5.1237 4 true
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A80358 Conscience puzzel'd, about subscribing the new Engagement; in the solution of this quæere: 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 faithfull to the Common-wealth of England, as it is now established without King and House of Lords. 1649 (1649) Wing C5899; Thomason E585_7; ESTC R206262 3,763 8

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Parliament of England it self that shall hereafter endeavour by lawfull 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 expresly 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. priviledges of Parliament And this were to pawn our souls to oppose a lawfull Government in doing a lawfull thing Conces ∣ sion 2d Secondly If upon supposition that the words of the Engagement do import something contrary unto those Oaths c. 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 wonderfull providence of our God rendred infeazible and impossible to us viz such as concerned the person of our late King c. God hath disobliged us from such and our hands are upon our mouthes 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 forrain Princes and States Supremacy and intermedling with the affairs of this Kingdom the extirpation of Popery Prelacy superstition heresie schisme profanenesse c. as may be seen in the particulars of those Oaths Covenant and Protestation Some of which seem to crosse the very intention of this present Engagement as that particular of our swearing to bear faith and true allegiance to the Kings Heirs and lawfull Successors c. Unto such things as these we are still bound if there be not sufficient reason alledged 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 it self unlawfull and contrariant to the rule of Gods 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 fundamentall Laws of the Land have the power of making such alteration Which power by the Statute of 13 Eliz is expresly conferr'd upon the three Estates in Parliament If this alteration come to us with such an Authority we hold our selves disobliged from our Oaths to all former Establishments and are ready to subscribe 3ly In case of Conquest when an over-ruling 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 lawfull 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 then the power of the obliged on both parts Which power on both parties being by a totall Conquest over-come by a third party the obligation to the mutuall exercise of that power must needs cease because the power it self is ceased This Case if it be ours and it be declared avowed and owned that we are a conquer'd Nation We are readie to make the best conditions we can for our selves And the former power under the shadow whereof we breath'd being vanished whilest we cry Quarter and look for protection from the succeeding Power we declare and promise that we will be true and faithfull thereunto in all things whereby we may not draw upon our selves the guilt of disobedience unto God FINIS