oblique and some more direct glances at the Religion and integrity of the secluded Members I will make him this offer That if the secluded Members be not as free from raysing advantage during the late troubles and have not given as good satisfaction to the World both of their knowledge integrity and affection to Religion as so many chuse them where they can of the same trust that approve of their necessity let them carry the cause among men But if not their pretended necessity is not like to be the genuine issue of a faithfull brain and heart CHAP. 3. Sect. 1. Mr. Goodwin proceedes to a third Objection from the Covenant he might have added the Protestation made May the 5. 1641. which was taken more generally from which I present the argument thus formed EVery act contrary to any one or more solemne ingagements made to God is lawfull and impious the Act of the Army seizing the members of Parliament is contrary to one or more solemne ingagements made to God Therefore that act was unlawfull and impious The Minor is cleare for in the protestation May 1641. This is one clause to defend their power and priviledge of Parliament Now what more unquestionable priviledge of Parliament then this to have free a ccesse to the House and there to vote according to their consciences pag. 27. Mr. Goodwin answer That it is no priviledge of Parliament to act in opposition to the benefit of the Kingdome True but when the qustion is what is for the benefit of the Kingdome it is part of the power of Parliaments which is one thing which you have protested to maintaine to be the finall Judges else broyles and confusion must follow for they shall stand bound together with all of their Judgement to maintaine what they judge so conducible for the Kingdomes wealth and if their Judgements be not determining others may thinke themselves bound by force to oppose them and what can be expected from this but perpetuall broyles But he answers further to a supposed reply That this is a priviledge of Parliament for the Members to be free from question without the consent of the House True saith he when a Parliament is taken in a proper signification noting out a company of men not dead to trust But if these be dead to trust then they are not properly a Parliament As he is not a Jewe that is one outwardly c. But who shall Judge them dead to trust They are not to be Judged authoritatively by private persons none such can pronouce them dead neither have they in what they are accused given evidence to be dead to trust but faithfull as I have shewed Againe He that was onely a Jew outwardly was not to be denied the outward priviledge of a Jew by man Though in Gods account he was no Jew that is not holy to accepted of God therefore not onely is the insinuation against the Parliament men false but if it were true the Army hath no authority to pronounce them so so nor to deale with them as such Is not the Parliament the Supreame Iudicature against which lies no writ of errour or appeale but to God So it stands good that their act was against their Oath But secondly he saith That if such a number of men be a Parliament p. 28 though dead to trust c. he knowes no priviledge of Parliament due to them no more then a dread man hath the priviledges of a man and this he sets off with many flourishes wherein he keepes this old artifice to play upon a plausible string to please his party that agree with him in the supposition that those Parliament men are dead to trust whereas that supposition is apparantly false and scandalous But his flourishes are but Sophisticall neither for a dead thing hath no priviledge as it is dead but if it be dead in one selfe and alive in another it may have priviledge in one selfe 〈…〉 have none in another as the carnall seed of Abraham 〈…〉 â—ewes to men and so had their outward priviledges but not so reputed of God and so had no spirituall priviledges so a degenerate Parliament is dead indeed to God who is above it to judge it it hath no honour with nor shall have any reward from God But it is not dead to men so far as to resist it for they have no authority to judge it or resist it but it is only so far dead to private men that they are not to give life to the dead acts of it If the Army had said the Parliament is dead we will not uphold it in dead wayes the charge being true it had beene noble to have laid downe their Commission and not have supported them but to resist was out of their sphere Let me aske this man what he would have said of Saul when the spirit of the Lord departed from him and an evill spirit seized on him 1 Sam. 16.14 Was he dead to trust or no And yet you see David was as observant and tender of him as though he had beene good aswell as great These distinctions therefore be fig-leaves and truly I thinke such delusions that men otherwais quicksighted use to be left to for their want of integrity to truth Sect. 2. But Master Goodwin adds that though the Army had stood p 29. â—0 31 bound to the priviledges of Parliament yet they stood bound also to maintain the liberties of the Kingdom against all impediments whatsoever and what they are not able themselves to suppresse c. And the liberties of the Kingdom he endeavours to prove to be greater then of the Parliament and in opposition of lawes or priviledges he greater is to take place c. But first here is supposed a Bull that the liberties of a people and a Parliament of the same people may be inconsistent whereas it can be no true priviledge on the one side but pretended if they push oue another Secondly he must remember the limitation in the Covenant that every one is to act in the performance of it according to their callings that is not onely the Souldier as a Souldier the Minister as a Minister but the private man as a private man so that a private man is not to act in a juridicall way by vertue of his Covenant but according to Law or Commission from men in authority and therefore the Covenant bound not them in reference to the Kingdom to act juridically in committing the Parliament men Again though the liberties of the Kingdom be in some sence more then the liberties of the Parliament yet the priviledges of Parliament are first put and the bond of it takes hold there therefore by what is spoken afterwards the true priviledges of Parliament cannot be prejudic'd And indeed there is nothing wherein the priviledges of the Kingdom are more concerned then in the liberties of the Parliament And there is greater probability of the land being watered with blood by the way
ΚΑΤΑΔΥÎΑΣΤΗΣ MIGHT OVERCOMING RIGHT OR A CLEER ANSWER to M. JOHN GOODWIN's MIGHT and RIGHT well met Wherein is cleared That the Action of the Army in secluding many Parliament men from the place of their discharge of Trust and the imprisoning of some of them Is neither defensible by the rules of solid Reason nor Religion By John Geree M. A. and Pastour of Faith 's under Pauls in LONDON Help Lord for the godly man ceaseth for the faithfull fail from among the children of men Psal 12.1 Ferenda est magis omnis necessitas quà m perpetranda est aliqua iniquitas August in Psal 73. Non enim mihi est vita mea utilior quà m animi mei talis affectio neminem ut violem commodi mei gratiâ Cicero lib. 3. Offic. Published by Authority LONDON Printed for Robert Bostock at the King's Head in Paul's Church-yard 1649. TO THE Right Honourable LADIES THE LADY VERE AND THE LADY FAIRFAX Her DAUGHTER GRACE and PEACE Right Honourable and Religious LADIES IT is not any acquaintance with your Honours that imboldens me to this dedication for I am a stranger to you nor yet your deserved fame for your eminency and sincerity in Religion though that be so illustrious that it might ingage Godly Minister to be ambitious of your Patronage But that assurance that I have that both your Ladyships are affectionately serious against those irregular ways that I implead and the service you may do to God by your interest in the furthering the acceptance of my poor labours to be effectuall where they may be of most use for the Medicine I administer is somewhat unpleasing and harsh and therefore needs the hands of Ladies for the application And what Ladies can do it with more acceptance then your Ladiships one of which cannot but be greatly respected because the other that first lay in her wombe now lies in the bosome of the chieftain Generall of those whose actings this Treatise doth concerne Madam for now I apply my speech to your Ladiship who hath been an ancient mother in our Israel After the way that hath been called Puritanisme have I served the God of my fathers for somewhat above 33 yeares And yet I beleeve by the same that I have heard of your Ladiship your Ladiship was spiritually in Christ long before me And I may say as S. Paul with a little alteration that after the strictest way of that Religion I lived and tasted deep for many years together of such afflictions as either Chancelours Courts or high Commisssion were used to impose on men of my principles and yet the dayes I see and am like to see unlesse the God of heaven gratiously interpose are far more dolefull then any yet that I have seen For there is a mourning that is blessed for it shall end in comfort and such was that which then I met with when my heart was smitten and withered like grasse and by reason of the voyce of my groaning my bowels did cleave to my skin and I was pale with fasting while mine enemies reproached me all the day and there is a laughter and triumphing which hath a wo denounc'd upon it because it shall end in mourning and weeping Luk. 6.21.25 And such is the joy and triumph in these dayes in successe in irregular ways O Madam had such ways as are now in agitation been proposed to your dearly respected friend old * See Bifield on 1 Pet. 2.13 where among other there is this passage The Jesuites who maintain that horrid doctrine of deposing and murrthering Princes are rather to be confuted with strokes then arguments as men that offend not only against the lawes of God but the lawes of nations and nature Mr. Bifield with what an eye would he have lookt upon them Or let us suppose when our ancient worthies such as Cartwright Traverse Dod Bradshaw c. being calumniated by the Prelates for disrespect to authority for not conforming to unlawfull ceremonies have replied that they did ascribe as much honour and teach as much subjection to Magistrates as any in things lawfull and in things unlawfull they shewed their respect by patient submission to suffering Or when our Godly Polemicall divine such as Jewell Reynolds Whitaker c. have rejected that false pretence of the Papist that the Primitive Christians were so subject to the heathen Emperours quia deerant vires temporales because they wanted temporall strength suppose I say some one of the worst of Prelates or Jesuites should have bespoke them O ye hypocrites or false hearted men how do you dissemble with us or let your hearts deceive you for if over you be Masters of power yee will trample under your feet all above you that will not comply with you yea you will imprison attaint murther your King would our worthies have returned with lesse indignation and acrimony then S. Paul to Elymas O full of all subtilty and mischief O Children of the Devill you enemies of righteousnesse will you not cease to pervert the wayes of the Lord Act. 13.10 And yet behold a generation risen up who for the most part have not known the brick-kilnes of Egypt that if they had so accused our worthies would by their actions have made them true Prophets Oh Madam let us sit down and weep over our Religion which these men have ravish'd and done her shame and we whether shall we cause her shame to go How shall we now looke Papists in the face whom we have so reviled and abhorred for their derogatory doctrine and damnable practices against Kings or any in supreme authority What shall we do with the Writings of our Worthies shall we give over reading as the manner of some is or learn another trick of the Papists and get an Index Expurgatorius to blot out of their Writings such passages as cry guilt and shame on our actions But affection hath almost made me forget the bounds of an Epistle Therefore honorable Ladies go on with assiduity constancy and increasing servor to with-draw him whom you so dearly respect from society in actions so contrary to the honour of God and our Religion Oh study that it may never be said That any person of Honor and of the Protestant Religion had any hand in so unworthy an action as the deposing and destroying of a King whose preservation they stand bound to endevor by so many sacred Bonds So shall your Ladiships do an office pleasing to God Honorable to your relations an ornament to your Religion and unspeakably usefull for your Native Country And if as a poor means thereof you shall present one of these poor Treatises to his Excellency written on purpose to dispell those mists that a deceived Brother hath endevoured to cast before his eyes your Ladiships shall deeply engage to be your Ladyships daily Orator at the throne of Grace From my Study in Ivie-lane Jan. 15. 1648. Madams Your Ladiships humble Servant in the LORD JESUS JOHN GEREE ΚΑΤΑΔΥÎΑΣΤΗΣ Might overcomming
be supposed that by their Commission they were limited to judge only those enemies who were in Arms with the King and his partakers Those Parliament-men whom they have excluded have notoriously discovered themselves to be men of this engagement But was ever any accusation more unjust or senseless Did not they in the Treaty hold the King so hard to it as to justifie them and the Army in the war to the vertual condemning of himself and his And to grant all for which they ingaged against him and his party And can they for this be traduc'd as apparently friends and abettors of that party But he comes on with a third answer Page 4 5. That if the Parliaments call were warrantable to levy Forces against the King and his party then was the Armies call to act in the businesse under Debatâ— warrantable likewise But this consequence is very weak for the Parliament is the supreme Court and Councel in the Kingdom and in your apprehension I beleeve the supreme authority who were indeed called to that Trust by the people but being by their call made members of Parliament they became clothed with authority to consult and provide mâ—ans for the safety of themselves and the Nation according to the Laws and Constitutions of it And so issued out Commissions c. but this as private men they could not do But now the Army was not by any Commission clothed with any authority over the Parliament And therefore they cannot justifie their actings against the Parliament over whom they had no authority by what the Parliament did having so great authority yea in the conceit of our new Lords the greatest authority in the Land But he argues further Page 5 6. That if the Parliament-men by being made Parliament-men had formally and really power to raise an Army then that Army hath power to act whatsoever lies within the verge of their Commission c. This is not doubted But the thing which we doubt and deny is That the tenor of their Commission should be by strong hand to suppress all that by rationall grounds they should judg enemies of the peace of the Kingdom without dependance on Parliamentary judgment for they were as raised so to be regulated by the Parliament in their proceedings The power of judging being reserved in the Parliament The power of executing committed to the Army especially in case of doubt or difference Never would never did any State raise an Army on other terms unles they meant to make them Lords not Servants For who is likely to be more skilful in judging what is conducible to peace and publick weal A Councel of War or a Councel of State Therefore its clear that the Army in assuming power to judg their raisers authoritatively and so using force against them have exceeded the bounds of their Commission falsifyed trust and are injurious usurpers on the Parliament men Sect. 5. But he raiseth an Objection That it is not likely that the Parliament would give Commission to act against themselves He answers pag. 6. 1 That Law-givers when in their righe mindes may give out Laws against mad men which may be put in execution against themselves when they become mad And in case any of the Parliament men from whom the Commission issued had turned Cavaliers c. But this is a wilde answer for the excluded Parliament-men are in the same way and in the same principles in which they first gave out Commissions that is to have the King home separated from his evil Counsellors that his Throne might be establish'd in righteousness Therefore to argue That because their Commission might have been used against them if they had left the Body that gave it and united with the Kings party that Now it may be so used when they continue in Parliament and act on the same principles on which they issued out the Commissions is as poor a come off as could be expected from the weakest Sophister Nor hath his 2 Answer any more strength where he affirms That what one * Traiane Emperor spake expresly to an inferior Officer is said implicitly to al inferior Officers by their superiors to use the power they have for them if they rule well against them if they rule ill pag. 6.7 for they are also for the punishment of evil-doers and that without partiality And S. Peter requires submission not only to the King as supreme but unto governors sent by him for the punishment of evil doers But first if there were nothing peculiar in that saying of Trajane why is it so often mentioned of him as a note of eminency and honor Again though inferior officers should use their power and be respected in the use of it yet they must also remember their limits A Justice of Peace hath power but it is with limits in regard of place which if he exceed though his act be never so just he usurps and is punishable And so is he limited also in regard of persons Subordinate Magistrates are to govern to be obeyed by those under them but they are to be governed by the powers above them and not exercise authority over them for their Commission extends not so far Though we are to be subject to subordinate Magistrates yet in case of opinion of wrong we may appeal from them as Paul to Caesar which shews the supreme Magistrate is to censure their Sentences not they his You might have spared that Scripture which here you too lightly bring in that in this Armies Commission there cannot be pretence for that exception which is in that of Christ 1 Cor. 15.27 But when he saith all things are put under him it is manifest that he is exempted that did put all things under him God the Father being incapable of sin For though the superiour magistrate is not exempt from sin yet is he excepted out of the Commission of the inferiour Magistrate because his superiour in Magistracie and Par in Parem much lesse inferior in superiorem in codem genere non habet potestatem equall hath no authority over his equall much lesse the inferiour over the superiour in the same kind especially where the supreme Magistrate thinkes he doth well for whose judgement shall controll shall the inferiours controll the superiour Neither doth Mr. Prinne or any judicious Divine that I know affirm that any other inferiour Magistrates but the representatives of a Kingdom shall take order with the restraining of Tyrants or if any inferiour Magistrate may do it yet they and the representatives are to proceed by taking order with their ministers which are under the penalties of the law and within the verge of authority And there is no usurpation in this when penalties are inflicted on them that are under jurisdiction But he adds If the Army had not so for mall a call as the Parliament yet had they a call as materiall for the one had it from the persons of the people and the other
But to compare also the Parliament to a mercenarie Advocate is base and ridicuous Besides if the Parliament be Guardians it is of the Nation not of them onely Who made them Trustees to cast them of for the whole Nation Sect. 5. But he Objects against himselfe first p. 14. That the Parliament were Judget lawfully Constituted of the Kings Delinquencie But the Armie not so in regard of the Parliament He answers That if wee measure the Parliaments judicature by the peoples call the Armie hath every whit as lawfull a Constitution to judge who are enemies c. as the Parliament as he hath proved But the folly of that proofe hath bin manifested for they had no call at all from the people but from the Parliament And that call was not to be Judges but Actors according to the judgement of Parliament And this they did usually professe and promised to the Parliament as long as the Parliament pleased them What he addes of explicit and implicit call from the people It s nothing for him for the Armie had neither The implicit I have disproved explicit he confesseth they had none for want of opportunitie at the present Nay he confesseth That the generalitie of pâ—â—ple dis-relish their Act but they are in a Phrenzie too A short cut to make a man absolute Master of his Actions to dub every one mad that opposeth him But it is the most insolent and mendicant way that ever was avowed by a Scholar But secondly p. 15. He saith The investiture of the Armie into the judicature which they have exercised is by a Law of greater Authoritie then any the Parliament can pretend that is by the Law of nature necessitie and love to their Countrey For his Law of nature and necessitie they are all one in his account For his Law of love they were just acted by it as Saul when he slew the Gibeonites in Zeale to the children of Israel 2 Sam. 21.2 and a like pleasing to God But the Armie acted against their Personall Oath Saul onely against the oath of his Ancestours Sect 6. But he Objects against himself p. 16. That the necessitie might be pretended not reall Pretence of necessitie is easie but not so easie a thing to designe what that necessitie is which is authorized by God with a suspensive power over humane Lawes It s very true that pretence of necessitie is easie and the difficultie in designing that Authoritie which hath no Law great And yet it will be a greater difficultie to prove the Armieunder that necessitie both which lyes on you but let us see how you proceed He answers p. 16 17. first That every man hath power given him in judging of persons or things in respect of themselves and with relation to what concernes themselves by way of dutie to doe or to forbeare c. This is in a right sense true that man being a Rationall creature and so to doe his actions in judgement and wisedome He is to judge of every thing that is before him whether it be good to be acted or bad to be omitted But this is as cleare a Principle That he is to judge of things by Rule and one plaine Rule is That Publique things are to be done by publique authoritie And in such matters the judgements of publique persons using their best skill ought to preponderate private judgements at least to prevent contrarty acting Or else wee must fall into confusion and have all authoritie overthrowne and Apostolicall precepts touching subjection to Principalities and Powers quite enervated And this cleare Principle they walke by that judge the Armie guiltie of grosse usurpation in their force upon the Members And therefore doe not usurpe upon them nor are injurious to them in such censures as expose them to no more dis-repute for this fact then it deserves Sect. 7. But he proceeds To prove the sentence which the Armie past on the Members as meet to be dispossest of their Parliamentarie Authoritie not to he erroneous either for want of skill in judgement or for want of care in putting forth that skill And why Because for some probabilities to wit That the Royall Partie by agreement p. 18. 19. would have had and improved opportunitie to have taken revenge on those whose hands had beene heavie upon them to inrage them and who had shewed most courarge for the Parliament But the Parliament it selfe upon more probable grounds as I formerly shewed have judged their way to be for the Peace and safetie of the Kingdome in composing differences in such a way that they should by Law have established all that for which they had so long contended for and all securitie they could demand for the preservation of it And their judgement ought to be binding to all under their Authoritie to acquiese in it at least so far as not to oppose it forcibly Sect. 8. He proceeds p. 20. Its no such difficult matter to judge of such emergent necessities which is authorised by God to suspend humane lawes He instances Mat. 12.3 4 5. in hunger But here you must note the necessitie of hunger doth onely suspend a ceremoniall not a morall Law as that about Shew-bread or if you apply it to the Sabbath that was onely morall by institution not by nature and such a morall differs little from the ceremoniaell but in perpetuitie Hunger will not dispence with that naturall law Thou shalt not steale as I have proved from Prov. 6.30 31. Men doe not despise a thiefe if he steale to satisfie his soule when he is hungry But if he be found he shall restore seven-fold So the necessitie of hunger makes not theft no theft And thus much Mr. Goodwin in effect confesseth p. 21. In his caution where he saith When wee seeme to approve of that Principle of the Jewes perill of life drives away all wee intend not to say That men may lawfully transgresse every precept of God As for example Men may not lye forsweare themselves in such eases Wherein he hath said enough to confirme my answer and â—o cut the throat of that Cause which he would maintaine For was not the seizing of the Parliament-men a manifest breach of that priviledge which they had Sworne to maintaine What is a priviledge of Parliament if that be not that their persons be free from violence in and for Voting according to their consciences upon the probablest grounds that they can discerne If this necessitie doe not give a man leave to be forsworne as he confesseth it cannot be their discharge in this fact And undoubtedly the law of an oath is of absolute and indispensable authoritie and so judged hitherto by all but that Antichrist who for assuming to himselfe authoritie to dispence with oaths is evinced to be that Man of Sin who in the Temple of God sits as God 2 Thess 2.3 4. Neither let any man deceive himselfe by thinking that necessity doth not give leave to be
indignisint qui eo sunt evecti By that name of powers they are tropidully understood which are lacâ—d in those dignities that we â—ay know this subjection is to be given to the Powers though they are unworthy that are advanc'd to them Besides all that can be hinted in the name of Powers so often used is but according to the distinction between the will Authority of the Magistrate for conscience sake further then it is cloathed with Power that is legally and that is plainly the inraning of Pareus cited by you He names Powers rather then Kings and Princes for in the persons vices 〈◊〉 causes of disobedience are found therefore he would have the Powers different from the persons That is their corruptions will put them on to seek to have their will a Law their Power extends no farther then Law nor further are wee bound to obey But what need we stand upon this terme any longer sith S. Peter expresly mentioneth the persons both of the King as Supreame and all that are in Authoty under him Therefore Mr Goodw. without just ground Limits the subjection to Magistrates only while they act regularly and with a single eye on procurement of Good Though I doubt not but our Parliament men feised for endeavouring agreement with King were both regular in their way and aimes I may conclude therefore for all Mr Goodwins sleek Apology the Armies forcible Act upon the Parliament stands convict of grievous guilt and yet we see the old adage â—â—ue Durum telum necessitas for behold that Army that hath so often prevailed against the sharped weapons of their Enemies fallen and expiring in their honours vanquisht by this one poore dart of preâ—ended necessity And yet this Act of theirs that is so unwarrantable in it selfe is made much more abominable by the intention of it which the issue discovers for its evident it was to make a Party to proceed to the deposition and destruction of the King if God prevent them not A thing directly contrary to their sworn Allegeance to the Doctrine of the Church of England to which they are also engaged by Protestation to the constant Profession of the Parliament in generall their partakers in their Apologeticall Declarations and * Amongst whâ—â—â— Mister 〈◊〉 〈◊〉 in his Anti cavalierisme hath spo 〈◊〉 as plain and sensibly as any That it is a just Prerogative of Persons of Kings to be secure from the violence of men in what causes soever and their lives to be as consecrated corn meet to bee reaped and gathered onely by the hand of God himselfe with other words which may be seen 〈…〉 sent unto him by a learned godly and â—orthy Knight Sir â—ra Netheâ—sole Books whereby they engaged many people in their quarrell who will now detest the present Act the more because they have been made somewhat to contribute to it by the former hypocrifie and present treachery of others And this also heightens the injury of the Armies Act that they should exclude the Trustees of so many Shieres Cities and Burroughes when a thing of so great a concernment to them as the life of their King is to come in question is this justice If their Trustees be degenerate should they not have leave and time to have chosen other before such a matter had been taken in hand For that of Aquinas you cited to no purpose pag. 15. will not take place here neither for you confesse their choyce was good but the men are degenerate I may therefore conclude little reason had Mr Goodwin to conclude his Book with such hyperbolicall that I say not blasphemous flattery as to compare so sinfull an Act of the Army to the sufferings of Jesus Christ to save a lost world c. But the conclusion sutes with the premises both Popish for its the manner of Papists to extoll their assassinates so they doe it with a good intent adificandicausa and in case of necessity to save the lives or prevent the ruines of many Catholiks And I now seriously propose it to Mr Goodwin and his Associates Whether the necâ—ssity harpt upon be any other then danger to a sort of people in the land that out of pretended new Light would live exempt from the ordinary and received rules of Government Danger I say to such lest they should meet with trouble loose those preferments and that Ruledome that they draw and many times usurpt to themselves in Parliament City Countrey by the Power of the sword intrusted to more Publike ends If this be the necessity as there be hints many that it is How much more suteable were it for men of conscience not to disturb the Treaty for Peace but interpose in it for their own Interest And if they think exemption from the coercieve Power of the civill sword in matters of Religion be a native Liberty of Christians Let them desire it may be debated freely before a free Parliament and if we convince not the impiety and iniquity of it let them carry it If they fall short in that yet whatever indulgence may bee consistent with duty to Truth and the peace of the Church will never be denyed them Oh! did any relenting appeare to procure return from those irregular wayes how would all godly hearts imbrace them with joy looking on them in their irregularities past as men under a strong tentation and with consideration that they also may be tempted But if they bee resolved that what they have usurpt they will hold I hope I shall noâ— I am sure I need not envie their slippery places for when they have done Gods whole work on those under their opprâ—ssive power I am confident God will visit the fruit of the great hearts of this aspiring Faction and the glory of their high looks DEO GLORIA FINIS