CERTAINE REASONS Wherefore Lieut. Col. JOHN LILBƲRNE tooke the preſent ENGAGEMENT.
BEing a Freeman of London of about tenne yeares ſtanding, and having for ſome time Reſolved, upon Fryday 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 Cuſtome, may intitle 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 Fryday morning laſt by your publique Beadle, warned as an Inhabitant of your Ward, to be at Blew-coats Hall in Chriſts Church at the Ward-mote; where by the affection of diverſe Inhabitants, I was put in nomination for the year enſuing to be one of their Common Counſell; and when the queſtion was put for me according to your cuſtome, 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 doe Declare and promiſe, that I will be true and faithfull to2 the Common-wealth 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 intreated you to let me ſpeak a few words to them, promiſing you to be very faire and moderate; but you anſwered me, it was not the buſineſs of the day; but the people crying out, heare him, hear him, you were pleaſed to let me go on a little; but being not well pleaſed with what I ſaid, you finally ſtopt 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 ingaged and bound by a ſpeciall tye, to performe that which before was a duty at large, or at randome upon me; for by the Common-wealth 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 conjoyned.
Firſt, By the Common-wealth I underſtand all the good & legall People of England to be meant. And this I do conceive the rather, becauſe the Engagement-makers have voted & declared them to be the Soveraign or true Fountain of all juſt power amongſt men, and to them by Gods Aſſiſtance I will be true and faithfull. Or ſecondly, By the Common-wealth of England I underſtand the eſſentiall and fundamental3 Government of England, as it is now eſtabliſhed, which I conceive principally to conſiſt in 3. particulars. The firſt of which is annuall and ſucceſſive Parliaments, which is the Peoples eſſential right to in joy, as is declared by 3. ſeverall 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, intituled, an Act for the preventing of inconveniences, happening by the long intermiſſion of Parliaments; which Acts are ſtrongly backt to be the Peoples undubitable Right, by ſeverall 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 declar. 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 peoples Liberties, the violation of which is agravated to the King againſt him, by his proſecuter Mr. John Cook, in his caſe ſtated pag. 7. 11. 14. 17. 18. 20. And alſo by the Preſident 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 my ſelf was lately Arraigned, which bears date the 14. of May and the 17. of July 1648, the ſubſtance of all fore-going 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 intruſted by them for that purpoſe; ſo that annuall & 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 eſſentiall of the Government of this4 Nation, is Tryall by Juries of good and Legall men of the Neighbourhood; which manner of Tryall, being far more ancient then the conqueſt, I Love and Honour, and by Gods 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 proceſſe of Law; as it is more at large (with that juſt and equitable Tryall 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 Ship-mony, both of them made in the 17. of the late King; all of which are backt with two ſeverall late Declarations dated the 9. of February, and the 17. of March 1648. In both which, it is fully and perticularly declared, that the fore-mentioned things, and the prime eſenciall and principall foundations of the Government of this Nation; which good old Lawes & Cuſtomes 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 exelent Lawes which have continued in all former changes, and being duly executed, are the moſt juſt, free and equall of any other Lawes in the World, and they there ſpend many Arguments, to illuſtriate the equitableneſſe, juſtneſſe and excilency of them, and alſo there ſolemnly Declare, that really and in good earneſt they will maintaine, preſerve, keep and uphold the ſaid fundamentall 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 excelent Law of the Petition of Right, as they themſelves there call it; unto al which, by the aſſiſtance of the Almighty, I wil be true to.
Now, having affirmatively Declared what I conceive by the Common-Wealth of England, I am neceſſitated in the ſecond place in the Negative to Declare, that by the Common-Wealth of England, I do not in the leaſt vnderſtand it to be meant abſtract, or individually of the preſent Parl. Counſel of STATE or Councel of the ARMY, or all of them conjoyned, my Reaſons are; Firſt, Becauſe the Members of the 3. ſaid Counſells 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 tyes and bindes him in a more nigher relation to be true to himſelf then al outward and viſible Engagements can compell him to be, and to tender a man an ENGAGEMENT to be true to himſelfe, 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 then 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 affaires, and ordering the Government of this Common-wealth, and matters in order thereunto, with which they are intruſted 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 Common-wealth in the Engagement named.
Secondly, That they are not ſupream, but ſubordinate, being at moſt but Truſtees, who by vertue thereof, can rightfully make no ENGAGEMENT for me to take abſolutely, but onely 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 Common-wealth 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 it ſelf is from God, or the prime Lawes of nature, without which by reaſon of mans corruption by the fall, he cannot live as a rationall Creature, and the forenamed things are to me the eſſentialls of the eſtabliſhed Government of England, and were ſo reputed before the Conqueſt; but as for the formes 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 ſeeke to obtrude all or any of thoſe hurtfull 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 Cooke in the Kings caſe ſtated page 8. that Rules by luſt and not by Law; not of Gods making nor approbation, but onely his permiſſion, and in page 22. he further ſaith, Will and Conqueſt makes a little amongſt Wolves and Beares, but not amongſt men. So with my reſpect tendered to you, I take leave to ſubſcribe my ſelf, yours, as farre as you are truly the COMMONWEALTHS.