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A76368 The Engagement vindicated; from all the objections, cavils, scruples, that wilfull opposers, or doubtfull, unresolved judgements may cast upon it. Wherein, all such objections are answered; the government proved; the Engagement it self both lawful, and necessary, from clearest principles of conscience and reason. To the satisfaction of all such as are doubting. / By T.B. T. B. 1650 (1650) Wing B182; Thomason E589_3; ESTC R206305 10,093 15

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who have cut their way to the Throne by the sword whom the next opportunity may as lawfully dethrone and dis-impower Three objections impugne these Premises 1. We read of no such power in Scripture instituted on the people of Israel but rather the contrary To omit some footsteps that may be found of it we will concede but yet the case is farre different for we read of God's speciall acting in the promotion of those to the Throne which we can no otherwise ghesse of now than by the hand of Providence which permits of many things it doth not approve of Obj. 2. God attributes to himselfe in speciall the dealing with and ordering of Kings setting them up turning their hearts entitling himselfe King of Kings I answer we may find as many eminent expressions of others meaner Officers as of them But let that be granted God herein condescends as in many other places to the customes of men amongst whom Princes are look'd upon generally as the most absolute and supreme so it is argumentum à majori if God swayes their Scepters and hath them at his direction much the more sublunary men of the world that move in a lower sphere He must be a great King that is King of Kings who disposes of the Kings and Kingdomes of the world Thirdly They object the Example of primitive Times who found neck for any yoak and back for any sufferings that they might not prejudice the Royal Prerogative or prove in the least commotioners of States But I answer let it first be pro'vd that there were such competent numbers of Christians as might make up and be orderly chosen the Representatives of a Kingdome and then we have yet a reserve and a full answer to their objection viz. In those times the providence of God so directing it the sufferings of the Christians were improv'd to the advantage of the Church according to that receiv'd Axiome Sanguis martirum fuit semen Ecclesiae The Churches harvest was rooted in the Martyrs blood And so eager were men on propagating the Church this way that many doubt whether they were not honestly and with good intentions profuse and prodigal of themselves by their over-liberal sufferings I come now to speak of the third proposal for Inquiry 3. Concering this Subscription and first briefly as I promised of the nature of Engagements Engagements are of an order inferior to Oaths not attesting God not immediately eyeing Religion and Conscience but obligatory by the law of mutual Faith and Honesty the Pillar of humane Converse So that a man may with lesse regret give up himself to such a tye and the Magistrate with greater authority exact it Not that I would hereby prejudice the Civil-world by introducing an unobliging principle to the Faith promised and oblig'd by Engagement or open a back-door and evasion to dishonesty for though some promises imply conditions yet I conceive Engagements and Promises of this nature as strict in this respect as Oaths that a man is to eye all inconveniences and not after the submission to the Engagement make inquiry but their Obligation differs in regard of the witnesse of our Engagement God being concern'd immediately in one man immediately in the other and in regard of the principle engag'd in one Conscience and Religion in the other Moral Honesty and Faith so that the latter bears not the face of dominion over Conscience as the other doth and so with more right may be impos'd by the Civil Magistrate But particularly This Engagement is of the same nature justly impos'd by the Civil Magistrate justly may the neglect of it be punish'd by him according to his arbitrement because the refusal cannot consist with the good of the Common-wealth The rest of the time will be well spent in the removal of Objections And first 1. It is opposite and contradictory to Oaths Engagements of a higher nature yea to a Solemn Covenant For the first we grant it is so But we answer the Obligation of those Oaths is already ceas'd for the formality of the Obligation is null'd As we were bound to the maintaining of the King and his Heirs but they being wholly annihilate the Obligation must of necessity cease as we prov'd heretofore They were Kings by the common consent of the People which hath dethron'd them so that we are wholly disengaged and free For the Covenant I answer it is not contrary to that contending onely for that Government which is suitable to the law of God and Reason with both which this Law is exactly correspondent which we have pro'vd before 2. It contradicts the former agreeances of themselves the Agreement of the People and the like an Argument much prest in a publique auditory though something unsuitable to an exercise proper to practical Divinity That which was concluded by some Pieces or Parts of the Kingdom doth not reflect on the whole or was it concluded by the Body or Representatives of it yet it was not matur'd nor ratified and so not engaging to non-alteration Besides I do not conceive of this Government as a thing unalterable nor this Engagement as such as for ever to disoblige us to any other but onely thus far it binds to restrain the irregular motions or insurrections of any not lawfully called to it and obliging to the confirmation of this till altered by due course of law So that if the Representatives and Pillars of this Government should now on the sudden face about and revive the ancient Monarchy we were not at all bound to the support of this by this Engagement for so long I account any Government unlawful whether introduced by Policy or Conquest and a meer Usurpation till it be confirmed by the Representatives of a Kingdom and those Factions and Rebellions that comply not with the motions of these here onely excepting any such Constitution is a real destructive of Christian Religion which is not the case now in hand 3. It is not imposed by a lawfull Magistrate Which leades me to the fourth inquiry concerning this Government which is composed of the Representatives or Choise of the Kingdom voting together in consultation and determination of businesses of State and having an influence upon all Officers Courts of Iudicature without the assistance of King or Lords Against which it is objected by some that it is no Government To which I answer in the essential requisites it is though it cannot but be confest by the distractions and parties that yet keep up these severall factions by the infancy of it in this Kingdome it is not in all points so composed as time and continued peace may order it For we know that of all the things imaginable nothing meets with more difficulty then the re-setling a Kingdome that hath suffered some great mutation 'T is no small paines that must reduce every Notion to its right channel silence all the clamours and complaints of men refute the bold pretences and intrusions of others into Government
Oathes are to be taken conformable to the fence and meaning of the giver and not under those by and underhand meanings which we reserve to our selves for if so an Oath is a meer piece of mockery and to no purpose for the adaequate end of it being some obligation propos'd if we yet take it and find reasons from the Obligation of it the end and aime of it is clearly frustrate and disappointed Yea the Obligation of an Oath specially respecting the conscience and binding the inward man as well as the outward 't is necessary to the taking of an Oath that the heart should as fully and freely comply with the Obligation and matter of it as the outward 3. Oathes may be impos'd by a lawfull Magistrate without domineering or lording over the conscience provided it be in a case not repugnant to the law of God for all must be subject to that royall law But the great knot of this controversie lies in this That which seems to one conscience to be according to Gods law seems to another quite contrary and what must the unsatisfied conscience doe To which I answer The conscience may be in most points clearly satisfied if it be not wilfull but if it still stand out and deny it selfe satisfied the man so conscienc'd is to resolve upon suffering But the Magistracy is to endeavour all meanes to find out the native principle of resistance and if it prove truly tendernesse of conscience the discretion of the Magistrate is expected in patience and a totall forbearance if in things not indifferent But if after cleere representations of the lawfulnesse of the thing the man still holds his first principle of resistance and it be in a matter not indifferent the penalty must be proportion'd not onely to the offence but the person For a scrupulous conscience is a punishment at least a tryall of God's upon a man 4. A Magistrate lawfully constituted can take off the obligation of an oath if he be in materia superior if the matter of it be in his power as a man swearing fealty to a Prince may by the dispensation of the Prince lay downe this obligation If it be in matter of Religion or such cases it is beyond the reach of his power nay hee cannot disengage him of that obligation knit between him and another It is a high arrogancy of the Pope that usurpes so supreme a Prerogative 5. When the ratio formalis the formality of the oath ceaseth the obligation ceaseth too As a man swearing homage and obedience to a Prince or Lord his obligation ceaseth when he is unlorded or unprinc'd because he was bound to him onely under that capacity which ceasing the obligation must needs cease too The second inquiry is concerning Government which is a subjection of men to the obedience of lawes and the Makers Keepers Officers of those lawes whether he be onely one and so is called Monarchy or by a few of the chiefe and so Aristocracy or by the Representatives of a people and so a Democracy Concerning Government I lay downe these following conclusions 1. A government is established by the law of nature without government a second Chaos must needs returne upon the world This only maintaines it a Cosmos cements and joints it that it stands and remaines a body every confusion is destructive but great bodies twisted by many severals must needs presently ruinate and dissolve if unknit by the want of goverment Now nature being a principle of selfe-conservation not onely leads men to this constitution but enstamps upon Governours such an impresse of Majesty that it even commands the very hearts of men subjected to them Lawes and Governours the tutelar Angels of them have been by all States and Politicians lookt upon as the very Basises of the world from which if it be unhing'd it must needs sink into a heap of rubbish 2. The first Government came in neither by Election nor Conquest but by the right of Primogeniture Heires or families were heires of Kingdomes and had the power of life and death and so long then were the lives of men continued to them that they might see a competent Kingdome rising out of their families their childrens children and servants children all members of the family and subject to the first-borne 3. No other government is individually a constitution of the law of nature for if it were they must needs offer force to nature that are not moulded under such a government But wee know the people of Israel under Gods speciall administration were subject to diverse Governments and that with Gods approbation Nature hath not punctually oblig'd men to any individuall or particular Form of Government but only generally impress'd the notion of Government upon men yea and beasts too at least a resemblance of it 4. A Republique comes nearest to the law of nature since the disbanding of men from that family-government which was the necessary consequent of their abridg'd lives It was the ambition of some stirring heads that first screwed them into thrones but the very dictate of nature seems to point men to the other unlesse some particular emergent give some one a particular though but temporary reigne 5. Monarchs are meerly Creatures of the Peoples choise and dependent upon the continuation of their pleasure I do not mean the hurly-burly confusions of the people but of the orderly chosen Representatives of a people and it can be no treason or breach of law to proceed against them either to a deposall or upon forfeiture of their trust to further punishment For if they came in by conquest the people arm'd with opportunity may lawfully regaine their liberty if they are meerly elective the known axiome shall speak Cujus est instituere ejus est destituere if by both yea and confirm'd by succession and engagements of Parliaments and particular Subjects yet they are accountable to these Creators of them which may strip them of their authority and disoblige themselves if it be done by a generall consent for if any particular man or company of men attempt it not warranted by orderly procedure they are so long Traitors Usurpers Rebels and liable to the penalties of them as long as their actions remain unback'd unauthoriz'd and discountenanc'd by the Representatives of that State who are jointly the onely competent actors and most justly enabled to negotiate Publique affaires And though 't is true Monarchy doth most resemble Gods manner of government yet this doth not prove it the most accommodate to humane affaires unlesse we could attaine to a succession of Kings perpetually that would exactly imitate God in his dispensation For the height and unlimited power of Kings layes them open to the strongest provocations and temptations to Tyranny and facilitates to them the destruction of that Kingdome they are ordained the defenders of for I cannot conceive of them as other than Officers of the Kingdome chosen to the highest Province and charge by the People or else