take into consideration the substance of such exceptions Sect. 3. which can with any pretence of reason or colour of conscience be levyed against the lawfulnesse of it Afterwards if it be needful we will consider further whether those that be with it be not more or at least more weighty and considerable then those that are against it The first-born of the strength of those who condemn the said act of the Armie as unlawful lyeth in this that the Actors had no sufficient authority to doe what they did therein but acted out of their sphere and so became transgressors of that Law which commandeth every man to keepe order and within the compasse of his calling To this I answer 1. Sect. 4. as our Saviour saith that the Sabbath was made for man 1. for the benefit of man and not man for the Sabbath a Mar. 2. 27. so certain it is that callings were made for men and not men for callings Therefore as the law of the Sabbath though enacted by God was of right and according to the intention of the great Law-giver himselfe to give place to the necessary accommodations of men and ought not to be pleaded in bar hereunto in like manner if the law of callings at any time opposeth or lyeth crosse to the necessary conveniences of men during the time of this opposition it suffereth a totall eclipse of the binding power of it It is a common saying among the Jewish Doctors that perill of life drives away the Sabboth yea Master Ainsworth citeth this saying out of the Hebrew Canons Pericusunt vitae pelli Sabbati◅ Circumcision in the time thereof driveth away the Sabboth and afterwards that perill of life driveth away all b Gen. 17. 12 13. So that as there were severall cases wherein as our Saviours expression is they who polluted the Sabboth were blamelesse c Mat. 12. In like manner there are very many cases wherein men may transgresse the ordinary law of Callings and yet be no transgressors Therefore unlesse it can be proved that the Armie had no necessity lying upon them to garble the Parliament as they did their going beyond their ordinary callings to doe it will no wayes impaire the credit or legitimatenesse of the action 2. Sect. 5. Nor did they stretch themselves beyond the line of their callings to act therein as they did Their calling and commission was to act in the capacity of Souldiers for the peace liberties and safety of the Kingdome What doth this import but a calling to prevent or suppresse by force all such persons and designes whose faces were set to disturb or destroy them Nor did their Commission I presume limit or conclude their judgements to any particular kind of enemies as if they had only power or a calling thereby to oppose or suppresse either such who should confesse themselves enemies or such who by the Interpretation or vote of any one party or faction of men in the Kingdoms should be reputed and deemed enemies but all such without exception whom they upon competent grounds and such as upon which discreet men in ordinary cases are wont to frame acts of judgement and to proceed to action accordingly should judge and conclude to be enemies Or if it shall be supposed that by their Commission they were limited to judge onely those enemies to the Kingdome with their abbettors and supporters who were in Armes with the King or on the Kings behalfe against the Kingdome in their Representatives those Parliament-men whom they have excluded from sitting in that house having notoriously discovered themselves to be men of this engagement friends and abettors of those who very lately were and yet in part are in armes against the peace and safety of the Kingdome in this consideration fall directly and clearely under their commission and consequently by warrant hereof they have and had a calling to proceed against them as they did 3. Sest 6. If the calling which the Parliament it selfe had to levy Forces against the King and his Party to suppresse them and their proceedings as destructive to the peace liberties and safety of the Kingdome was warrantable and good then was the calling of the Armie to act as they did in the businesse under debate warrantable and good also But the antecedent is true therefore the consequent also The minor proposition viz. that the calling of the Parliament to levy Forces against the King and his Party in order to the ends mentioned was every wayes warrantable and good I presume will not be denyed by the Parliament-men themselves Or if they should deny it they would but deny the Sunne to be up at noone-day inasmuch as the truth thereof hath beene brought forth into a cleare and perfect light by many pennes Mr. Prynne Sover Power of Parliamēts and Kingdomes yea and by their owne in many of their Declarations yea and Mr. Prynne himselfe hath set it up in a great Volume as upon a mountaine that it cannot be hid though by the fervency of his late Devotion to the Kings interest and cause he hath attempted the melting downe of that mountaine The connexion in the major proposition is valid upon this consideration Sect. 7. The Parliament or at least the Parliament men who did the thing had no other calling to oppose the King and his by force but onely the generall call of the major part of the people by which they were inabled to act in a Parliamentary capacity i. more effectually and upon more advantagious termes then singly or out of such a capacity they could for their good By this call by the major part of the people they were enabled onely in a generall implicit and indefinite manner to raise forces against the King and his complices for the safetie and behoofe of the Kingdome So that the particularity of this action was not warranted simply by the nature or tenure of their call but by the regular and due proportion which it had to the accomplishing of the end for which they were chosen or called viz. the peoples good From whence it followes that whether they had beene in a Parliamentary capacity or no yet if they had been in a sufficient capacity of strength or power for matter of execution their call to doe it for substance had been the same though not for forme And suppose there had beene no Parliament sitting or in being when the King and his party rose up in armes against the Peace Liberties and safety of the Kingdome doubtlesse if any one man had been able to have secured the Kingdome in all these against them his action had not been censurable for want of a calling to it in as much as every member as well in a body politique as naturall hath a sufficient call yea an ingagement lying by way of duty upon it to act at any time and in all cases according to its best and utmost capacity or ability for the preservation
and benefit of the whole Now then supposing the same proportion to the peace benefit and safety of the Kingdome in what the Army did in purging the Parliament and in what the Parliament it selfe did in opposing the King by force which is a point of easie demonstration and is ex super abundanti proved in the large Remonstrance of the Army lately published let us consider whether the call of the Army to act for the Kingdome as they did be not as authentique cleare and full as that of the Parliament to act as they did in reference to the same end First Sect. 8. the authority and power of the people or rather the present exercise and execution of this power to act for their owne preservation and well being in every kind was as well formally and according to the ceremonie of the Law as really and according to the true intentions and desires of the people vested in the Parliament So that the Parliament by vertue of this investiture and during the same had the same right of power to raise an Armie and to give unto it what Commission they judged meet in order to the benefit of the people or to act any other thing of like tendency which the people themselves had to chuse for themselves a Parliament Therefore whatsoever lyeth within the verge of the Armies Commission derived from the Parliament relating to the Kingdomes good they have as full and formall a call or warrant to act and put in execution as the Parliament it selfe had either to raise an Army or to doe any other act whatsoever If then first the ten or of their Commission stood towards any such point as this which I presume is no way questionable viz. to suppresse by strong hand all such persons whom upon rationall grounds they should judge enemies to the peace and welfare of the Kingdome and secondly that those Parliament Members whom now they have cut off from that body were upon such grounds judged such by them of the truth wherof they have given a supersufficient account in their said late Remonstrance it is as cleare as the Sun that their calling to act as they did in cutting off these Members is every whit as legitimate and formall as that of the Parliament it selfe is to act any thing whatsoever as a Parliament Nor is it of any value to pretend here Sect. 9. and say that it is not to be beleeved that a Parliament should give any Commission unto men to act against themselves or in a destructive way to their priviledges or honours For to this I answer First that Law-givers whilst they are sober and in their right mindes may very probably make such Lawes for the ordering and restraint of persons distracted and madd which in case they afterwards become distracted may and ought to bee put in execution upon themselves And in case any of those Parliament men who joyned in granting that Commission unto the Army by which they were inabled to fight slay and destroy all those that were in armes against the Parliament should afterwards have turned Cavaliers themselves and been found in armes against the Parliament as some of them If my memory faileth me not were they might very lawfully have beene encountred and destroyed by the Army by vertue of that Commission which was granted by themselves Secondly Sect. 10. what onely one Emperour explicitely spake to an inferiour Officer created by him when hee delivered him the Sword Si justè egero hoc utar is pro me Si injustè contrà me If I doe justly use this for me if unjustly use it against me the same implicitely and according to the exigency of the turst committed by Office doth every superiour Magistrate say unto him whom he chuseth and admitteth into a place of subordinate office or power under him For the punishment of evill doers and so the procurement of the publique good doth notlye by way of Office or duty upon the chiefe Magistrate onely but upon all subordinate Magistrates also and Officers whatsoever This is evident from this passage in Peter Submit your selves to every ordinance of man for the Lords sake whether it be to the King as supreame Or unto Governours i. inferiour Magistrates or Officers as to them that are sent by him for the punishment of evill doers and for the prayse of them that do well a 1 Pet. 2. 13 14. So then the punishment of evill doers and this simply without all partiality or distinction of persons which are things sinfull in all Magistrates whatsoever as well subordinate as supreame and likewise the protection and incouragement of those that doe well lying by way of Office and duty upon all those who by the King or supreme Officer are invested with any power of authority though subordinate evident it is that whensoever a King or other Supreame authoritie creates an inferiour they invest it with a legitimacy of magistraticall power to punish themselves also in case they prove evill doers yea and to act any other thing requisite for the praise or incouragement of the good Nor is there any pretence here for such an exception as the Apostle Paul findes in the grand Commission of Christ But when hee saith all things are put under him it is manifest that he is excepted which did put all things under him b 1 Cor. 15. 27. God the Father being uncapable of sin is not capable of losing that soveraigne dignity which is native and essentiall to him and consequently not capable of comming into subjection under any creature as Christ Mediator in respect of his humane nature is But Kings and Magistrates of the highest being very capable even of such sins which are destructive to the peace and welfate of the people under them and repugnant to the incouragement of those that doe well and consequently which appertaine to the cognizince of every Magistrate to whom the care of such things is intrusted are very capable also of forfeiting that dignity which is naturall and essentiall to them as Kings or Supreame and of rendring themselves obnoxious to those authorities and powers which out of such cases are under them but upon such miscariages are above them as Reuben forfeited that excellency of dignity which appertained to him as the first borne of his Father by going up unto his Fathers bed b Gen. 49. 3. Upon this very ground Calvin himselfe Zuinglius and other reformed Divines and the Scottish Ministers themselves more generally and Master Prynne more voluminously then they all determine and adjudge it not onely lawfull but matter of duty and charge lying upon the subordinate Magistrates to curb and bridle the tyrannous extravagancies and incursions of Kings and Princes against their people c See Calvin Zamglius cited by Mr. Prynn with approbation upon the account Sover Power of Parl. Kingdoms p. 199. And the Scottish Ministers in their briefe Thesis de majestatis jure M. S. But
things that are needfull to such as are wary by a Mariners shout he shall take care lest the Common-wealth receive any detriment and shal preserve the Kingdome even against the Kings wil and resistance by WHICH HE HIMSELF BECOMES A KING and shall cure the King himselfe as a frantique man by BINDING HIS HANDS AND FEET if he may not otherwise doe it Thus farre Mr. Prynne and full far enough to justifie whatsoever is said in these papers for the justification of the Army in their binding the hands and feet of some frantique Parliament men as himself in a Platonick strein phraseth those who either thorough malice or slothfulnesse shall betray those whom they have undertaken to protect It were easie to multiply instances of like import But by what hath been argued the nullitie of that argument against the proceedings of the Army drawne from the defect of a calling to act as they did fully appeareth A second Objection is this Sect. 13. They resisted Authority or the powers lawfully set over them The second maine objection and therein the ordinance of God therefore their fact is to be condemned and cannot be justified I answer First To resist Authority imports either a detracting or denyall of obedience to the just commands of Authority or else the ingaging of a mans selfe to dissolve and take away Authority Now certaine it is that the Army in that act of theirs now in question neither did the one or the other First the authority of Parliament had made no such Act passed no such Vote that none of their Members though voting or acting never so palbably or with never so high an hand against the Interest peace and liberties of the Kingdome should be debarred sitting in their house In which respect the Army debarring those Members which had thus voted and acted from sitting in that House did not resist Authority in the former sence Or in case it should be supposed that the authority of Parliament had made such an act or passed such a Vote as that mentioned unlesse the equity and justnesse of it could be sufficiently cleared the crime of resisting authority could not upon any sufficient ground be imputed to those who should decline obedience to it Secondly Sect. 14. neither did the Army in the aforesaid act resist authority in the latter sence because what they did no way imported any dislike of Parliament authority nor had any tendency towards the abolition or taking of it away but onely implyed a disapprovement of the factious carriage of things in this present Parliament as evidently bent against the safety liberties and well beeing of the Nation and tended withall towards a prevention of the like or worse for the future But as for their approbation of and resolutions to maintaine Parliaments and Parliamentary authority stared and formed in a regular and due proportion to the behoofe and benefit of the Kingdome they stand abundantly declared to all the World in their late Remonstrance If it be here yet further said Sect. 15. yea but though it should bee granted that they did not resist Authority in either of the two considerations specified yet they did that which was worse or every whit as bad as either of them For they offered violence to persons in authority and would not suffer them to act in that authoritative capacity which was lawfully vested in them To this also I answer First it is lawfull for any man even by violence to wrest a Sword out of the hand of a mad man though it be never so legally his from whom it is wrested The reason is because in case a man that is mad should be let alone with a Sword in his hand either untill he be willing of himselfe to part with it or untill it can be recovered from him by a due processe and course in Law there is a probability in reason and according to the frequent experience of the workings of such a distemper that he will doe much mischiefe with it in the meane time and the lives and limbs of men are to be preferred before the exorbitant wils or humours of men underdistemper This is the very case in hand The Members of Parliament dis-hous'd by the Army were strangely struck with a politicall phrensie as Plato tearmeth it they acted as men bereaved of their senses that had quite forgotten the businesse committed unto them and that knew or understood nothing of matters relating to the peace or well being of the Kingdome or of those who had intrusted them with their power their counsels and votes of late still smil'd upon their owne enemies and the grand and most inveterate enemies of the Kingdome but frown'd and look'd gastly upon their friends and those that had constantly guarded them with their lives and estates Hic furor haud dubius haec est manifesta phrenesis i. This madnesse is without all doubt And phrensie manifest throughout Now then Parliamentary power being in the hands of these men but as a sword or speare in the hand of a man distraught in his wits and senses wherewith hee is like to doe little or no good but in continuall danger of doing much harme it might very lawfully and with the full consent of all principles of reason equity and conscience be se'zed upon and taken from them by a strong hand for the prevention of such mischiefes and miseries which remaining in their hand it daily and hourly threatened to bring upon the whole Nation and Kingdome Secondly Sect. 16. The King had as legall and formall in investiture into to the power of the Militia of sitting in Parliament c. as these men had unto their Parliamentary places and trusts yet did not the Parliament unjustly or contrary to rules of equity upon a plenary discovery of a bent in his will and counsels to suppresse the liberties of the Nation to deprive him and that by force of the injoyment and exercise of those interests and priviledges notwithstanding the legality of their investiture in him Therefore upon a like discovery of the same bent in the wils and counsels of these Parliament men the lawfulnesse of their elections into their places of trust cannot reflect any unlawfulnesse upon that act by which they were removed from or debarred of them Thirdly Sect. 17. and lastly there is no Clyent that hath enterteined a Lawyer or Advocate to plead his cause but upon discovery yea or jealousie of prevarication and false-heartednesse to him in his cause may lawfully discharge him his entertainement notwithstanding There is the same liberty in a Pupill or person in his minority to dis-entrust his Goardian how lawfully soever chosen upon suspition of male-administration or unfaithfulnesse And why should the like liberty be denyed unto a people or Nation for the removing of such persons whom they have chosen for Guardians to their Estates and Liberties from these places of trust when they evidently discerne a direct tendency in
their proceedings to betray them both in the one and the other unto their enemies But two things it is like will bee here objected First that the Parliament were Judges lawfully constituted of the Kings delinquency against the Kingdome but the Army were no Judges of such a constitution of the miscarriages of the Parliament Therefore there is not the same consideration in point of lawfulnesse in the proceedings of the Army against the Parliament which is of the Parliaments proceeding against the King There is the same difference likewise betweene the act of a Clyent and Pupill wherein the one dischargeth his Advocate and the other his Guardian and the act of the Army in dethroning the Parliament men To this I answer First Sect. 18. That whether we place the lawfulnesse of a Parliamentary Judicature in respect of the Kings Delinquency either in their Election by the people or in the conformity of this their Election unto the Lawes of the Land certaine it is that the Army were Judges of every whit as competent and lawfull a constitution of their delinquencies in the same kinde For First If we measure the lawfulnesse of Parliamentary Judicature by the call of the people thereunto the Army as was formerly proved hath every whit as lawfull a constitution to judge who are enemies to the peace and safety of the Kingdome as the Parliament it selfe hath Nor doth it at all argue any illegality in their judgements about the Parliament men that they had not the explicit and expresse consent of the people therein or that they had no call by them so to judge no more then it proveth an illegallity in many Votes and Ordinances of Parliament that they were both made and published not onely without the particular and expresse consent but even contrary to the minds and desires of the people or at least of the major part of them Besides it is a ridiculous thing to pretend a want of a call from the people against the lawfulnesse of such an act which is of that soveraign necessity for their benefit and good which the actings of the Army were especially at such a time when there is no possibility of obtaining or receiving a formall call from the people without running an eminent hazard of losing the opportunity for doing that excellent service unto them which the providence of God in a peculiar juncture of circumstances exhibit's for the present unto us Mens consents unto all acts manifestly tending to their reliefe are sufficiently expressed in their wants and necessities If it be yet said But the people doe not judge the proceedings of the Army against the Parliament men as tending to their reliefe or welfare in any kinde but as contrary unto both nor doe they give so much as their subsequent consents thereunto I answer besides what was lately said to the nullifying of this pretence that Physitians called to the care and cure of persons under distempers need not much stand upon the consents of such patients either subsequent or antecedent about what they administer unto them If the people be uncapable in themselves of the things of their peace it is an act of so much the more goodnesse and mercy in those who being fully capable of them will ingage themselves accordingly to make provision for them It is a deed of Charity and Christianity to save the life of a lunatique or distracted person even against his will Porrò si paulatim idem populus depravatus habeat venale suffragiam regimen flagitiosis seeleratisque committat recte adimitur populo talis potestas dandi honores ad paucorum bonorum redit arbitrium Aqu 12 ae qu. 67. art 1. Besides it is a ruled case amongst wise men that if a people be depraved and corrupt so as to conferre places of power and trust upon wicked and undeserving men they forfeit their power in this behalfe unto those that are good though but a few So that nothing pretended from a non-concurrence of the people with the Army will hold water Or Secondly If we estimate the lawfulnesse of that Judicature by the conformity of their elections thereunto to the Lawes of the Land the investiture of the Army into that Judicature which they have exercised in the case in question is conforme unto a Law of farre greater authority then any one yea then all the Lawes of the Land put together I meane the Law of nature necessity and of love to their Country and Nation which being the Law of God himselfe written in the fleshly tables of mens hearts Sect. 19. hath an authoritative jurisdiction over all humane Lawes and constitutions whatsoever a prerogative right of power to overrule them and to suspend their obliging influences in all cases appropriate to it selfe Yea many of the Lawes of God themselves thinke it no disparagement unto them to give place to their elder Sister the Law of necessity and to surrender their authority into her hand when shee speaketh So that whatsoever is necessary is somewhat more then lawfull more I meane in point of warrantablenesse If then the Army stood bound by the Law of nature and necessity to judge the Parliament men as they did viz. as men worthy to be secluded from their fellowes in Parliamentary interest this judiciary power was vested in them by a Law of greater authority then the Lawes of the Land and consequently the legality or lawfulnesse of it was greater then of that in the Parliament which derives its legality onely from a conformity to the established Lawes of the Land Yea the truth is that that Law of necessity by which the Army were constituted Judges of those Parliamentary Delinquents we speake of cannot in propriety of speech be denyed to be one of the lawes of the Land being the law of nature and consequently the law of all Lands and Nations whatsoever established in this and in all the rest by a better and more indubitable legislative Authority then resides in any Parliament or community of men whatsoever If it be here further objected Sect. 20. yea but what necessity was there lying upon the Army to assume that judicative power unto themselves which they exercised upon the Members of Parliament It is an easie matter to pretend a necessity almost for every unjust and unrighteous thing but not so easie to judge what such a necessity is which is authorized by God with a suspensive power over humane lawes To this I answer First That they cannot at least in the ordinary signification of the word be said to assume a power of judicature unto themselves who onely judge either of persons or of things in respect of themselves and with relation to what concernes themselves by way of duty either to doe or to forbeare The exercise of such a judging or judicative power as this is imposed by God by way of duty upon all men and woe unto them who doe not judge both persons and things in such a consideration
as this The neglect or non-exercise of that judging faculty or power which is planted in the soules and consciences of men by God upon such termes and with reference to such ends as these draweth along with it that sin which the Wise man calleth the despising of a mans wayes threatneth with death But he that despiseth his wayes shall dye a Prov. 19. 16. Now certain it is that the Army did exercise no other judiciary power then this about or upon those Parliamēt men nor in any other respect nor with any other consideration then to their own duty concerning them which every other person in the Kingdom either did or ought to have done as well as they Every man is bound to consider judge and determine what is meet and necessary for him to doe either to with for or against all other men or at least all such to whom he stands in any relation either spirituall naturall or civill That judgement then which the Army passed in their own brests and consciences upon those Parliament-men as viz. that they were such whom they stood bound in duty having an opportunity in their hand to doe it to cut off as unsound members from their body was nothing else but the issue fruit and effect of that consideration of them and of their wayes which they stood bound to levy raise and engage themselves in about the one and the other If the judgement which they passed in this kinde was erroneous it was not erroneous through an usurpation of an unlawfull power to judge but either through a defect and weakenesse of those discerning or judging abilities which they stood bound however to use or else through an oscitancy carelesnesse or sloath in not improving or acting these abilities as they might and ought to the discerning of the truth Certainly they who judge these Parliament-men worthy Patriots or Members of their House or meet to have beene let alone without disturbance in their way doe assume the same power of judicature concerning them yea and concerning the greatest and weightiest matters of State which the Army did when they judged them meet to be sequestred Yea they who judge and condemne the Armie as evill doers for what they acted about these men and not only so but smite them also with the sword of the tongue reviling them without any just warrant or ground doe they not every whit as much usurp and assume to themselves a power of judging without any authority at all as the Armie did in that very act of judgement at which they make themselves so highly agrieved Insomuch that to all such that of the Apostle may be justly applied Therefore thou art inexcusable O man whosoever thou art that judgest For wherein thou judgest another thou condemnest thy selfe for thou that judgest dost the same things Nay if we speak of an authoritative power to judge they who presume to justifie and absolve the Parliament-ment from the crime charged upon them and to condemn the Army for charging them are farre deeper in the usurpation of such a power then the Armie For the Army as hath been said had a legall commission from the Parliament it selfe to oppose slay and destroy the enemies of the Kingdome and therein a kind of authority derived unto them to judge of these enemies when they should meere with them for a Commission or warrant to apprehend or destroy such and such persons without a liberty or power either granted or supposed to judge them such when they are found were a ridiculous nullity whereas they who being private men shall undertake not only to censure judge and sentence the Armie as Malefactors in what they have done but to proceed likewise to the execution of this their sentence by inflicting the penalty of stigmaticall and opprobrious terms upon them by casting them out of the affections of their friends by firing the spirits and strengthning the hands of their enemies against them doe all this without the least colour shadow or pretence of any lawfull authority whatsoever But 2. Sect. 21. That the judgement or sentence which the Armie passed upon those men as meet to be dispossessed of their Parliamentary interest was not erronous in either of the considerations mentioned or in any other but every wayes just and according to the truth stands cleer upon this ground viz. that they were become Renegadoes from their Trust and acted by their counsels debates votes and interests in a diametrall opposition to the peace and safety of the Kingdome and to publique good Yea the tenour of their Parliamentary actings before their removall from the House in the known dialect of politicall prophesie presaged nothing but ruine and destruction to the liberties of the free-borne Subjects of the Kingdom in generall and to the lives and estates of many thousands in the Kingdome whom they stood bound in conscience in a speciall manner to protect For what could that grand encouragement which they administred by their Votes to a potent party of men in the Kingdome who had so lately and with so high an hand acted hostility against the peace and liberties of the people and against the lives of those who stood up to protect them not having given the least overture of any relenting in their olde principles but were now through that extreamity of paine which they lie under having beene so often and so deeply bitten and stung by the fidelity and valour of the Army more enraged in their spirits then ever what could I say such an encouragement given by such hands unto such men but portend either a re-imbroyling of this already miserably-wasted Nation in Wars and blood or else the necessity of a patient and quiet subjection of the Nation to the iron yoke of perpetuall tiranny and bondage together with the certaine ruine of the lives and estates of those who had shewed most faithfulnesse and courage in the defence of the Parliament and the Kingdomes liberties in opposing the King and his party if the Army had not preventingly interposed as they did The by past actions of men especially such which they have for any considerable space of time in-ured themselves unto are propheticall of what their future actions are like to be if opportunity parallelth The civill Law saith that he that hath injured one hath threatned many and by the rule of proportion he that hath injured many hath threatned all It is the saying of that late great Scholar and States-man Sir Francis Bacon that mens thoughts are much according to their inclination their discourse and speeches according to their learning and infused opinions but their deeds are after as they have beene accustomed Insomuch as afterwards he saith as a man would wonder to beare men professe protest engage give great words and then doe just as they have done before * Essaies Ess 27 Yea the Scripture it selfe giveth testimony to this maxime that what men have been by custome they are like to
honour of observance which belongs unto them that which in the judgement of the Law-giver is the greater ought to be observed and the lesser to give place for the time Now in that Covenant and Oath which the objection speaketh of there are these two duties or engagements amongst others imposed upon those who take it 1. An endeavour to preserve the rights and priviledges of Parliament 2. The like endeavour to preserve THE LIBERTIES OF THE KINGDOME The Covenant in both these at in all other particulars contained in it the takers of it stand bound by the expresse tenour thereof in the sixth Article to promote according to their power against all lets and impediments whatsoever and what they are not able THEMSELVES TO SVPPRESSE or overcome they shall reveal and make knowne that it may be timely prevented or removed all this they shall doe as in the sight of God Which last words compared with the words mentioned from the third Article cleerely import that the Covenanters stand bound to promote the liberties of the Kingdome against all lets and impediements even in Parliaments themselves if any be sound there yea and further suppose that they may THEMSELVES SVPPRESSE and overcome what they are able viz. of whatsoever opposeth the intent end of the Covenant which doubtlesse was the benefit and good of the Kingdomes especially when they know not where or to whom to reveale or make knowne the obstructions they meete with in order to any probable or likely prevention or removall of them in due time Therefore if the duty of preserving or promoting the peace and liberties of the Kingdome be greater then that of preserving the rights and priviledges of the Parliament and the Armie could not performe the former without making such a breach as they did upon the latter evident it is that in making this breach they are innocent and blamelesse For the latter of these it is as cleare as the Sun from what was laid downe Sect. 21. that had not the Army interposed to such a breach of rights and priviledges at is charged upon them the peace of the Kingdome had in all humane likelyhood been swallowed up in blood and the liberties in oppression and tyranny Concerning the former there is full as little or rather lesse question That common maxime which rules especially in politicall affaires Bonum quo communius cò melius the more common or extensive a good is the greater or better it is doth sufficiently confirme it Tâ—… preservation of the liberties of the whole Kingdome is without peradventure a greater duty then the maintenance or preservation of the liberties or priviledges onely of a part of it especially of such a part which for number is inconsiderable Besides that which gives a kinde of sacred inviolablenesse unto the rights and priviledges of Parliament is that typicall relation which they beare to the rights priviledges and liberties of the Kingdome and Common-wealth Now types are alwayes inferiour to the things imported and represented by them as servants are unto their Masters and when they occasion or threaten any damage to their anti-tipes they may and ought so far to suffer a defacement as the brasen serpent was beaten to powder by Hezechiah when it occasioned Idolatry against him whom it represented Thirdly and lastly suppose there had beene no expresse clause in the Covenant injoyning the preservation of the liberties of the Kingdome as well as of the rights and priviledges of Parliament yet had the Army a more then warrant sufficient to have stood up for the preservation of them as they did and that without any breach of Covenant Men by the tenure of their very lives and beings which they hold of the God of nature their great Creator stand bound to obey the Lawes of nature and that against all other obligations or bonds whatsoever yea the truth is that all other obligations cease in the presence of this all Lawes Covenants and engagements besides being homagers unto it Now there is no Law of nature that speakes more plainely or distinctly then this that the strong ought to stand by the weake in cases of extremity and danger imminent especially when reliefe cannot reasonably be expected from other hands Nor is it credible that either the Covenant-makers or the Covenant-takers did thereby intend either in the generall any disobligation from the Lawes of nature or from duties otherwise then by the said Covenant lying upon men nor in particular any such preservation of the rights and priviledges of Parliament which should be inconsistent with the liberties of the Kingdomes Scire leges inquiunt Jurisconsulti non est verba earum tenere sed vim ac potestatem quia prior atque potentior est quà m vox mens dicentis and it is a common rule amongst Lawyers for regulating the interpretation of Lawes as likewise of all other Declarations of men by words whatsoever that the minde or intent of the speaker is to be preferred before and is more potent and consequently rather to be obeyed then his words Nor doth the Act of the Army in that dissociation of the Parliament under debate colour or shadow in the least with the act of the King breaking into their House and demanding which Hug. Grot. in Mat. 12. 3. and how many of their Members he pleased to be sacrificed upon the service of his will For First It was more civility in the Army to deny admission or entrance into the House unto those Members whose sitting there they judg'd of desperate consequence unto the Kingdome then it would have been by force and violence to have pull'd them out from thence which was the Kings act in actu signato as the Schoole men distinguish though not in actu exercito the providence of God and men comporting to prevent this And we know the old saying Turpius ejicitur quà m non admittitur hospes i. A guest we like not 't is more commendable To keep then cast out from our doores and table Secondly The Members which the King sought to lay hold of and to disparliament were such who THEN were or at least were so looked upon by him as the greatest Patrons and Protectors of the Kingdomes Interest and who like the cloudy and fiery pillar of old kept the Egyptian prerogative from comming at the Israelitish liberty to destroy it Whereas the Members who were denyed the House by the Army were turn'd Proselytes to prerogative and had renounced the Law and Doctrine of the peoples liberties Therefore Thirdly and lastly the cleare tendency of the Act of the King was the violation of the Law of nature by seeking to advance the will and power of one or of some few above and against the peace and comforts of many whereas the act of the Army held a loyall conformity with the royall Law the face of it being manifestly set to subject the power interest and will of one unto their lawfull Superiour the just Interest or comfort of
be by continuance Can the Ethiopian saith God himselfe to the Iews change his skinne or the Leopard his spots then may ye also doe good that are accustomed or taught to doe evill a Jer. 13. 23. And elsewhere speaking of the same people they hold fast deceit they refuse to returne no man repented him of his wickednesse saying what have I done Every one turned to his course or race as the horse rusheth into the battle b Jer. 8. 5 6. meaning that as the warlike horse having been for a while curb'd and held in by his Rider with a sharp bit strong hand rusheth with so much the more violence and fury into the battle when he feeles his liberty In like manner these men and it is the case generally of all men when they had been at any time restrained for a while whether by my word or my judgments upon them from these vile practises still upon the first opportunity that they found themselves loose they re-practised their former wickednesse with so much the more eagernesse and keenenesse of spirit It were easie to bring Authorities in great numbers Sect. 22. both divine and humane and these attended with a like traine of examples both ancient and modern for the farther confirmation and credit of this axiome that men generally are much more like to practice on their owne vices then to fall off to the exercise of other mens vertues But by what hath been delivered in already upon this account most evident it is that the men deparliamented by the Army were in their full carreire to the utter undoing of the Kingdome when they were dismounted and consequently that the judgement of the Army looking upon them as persons meet to be discharged from that great Trust wherein they so prevaricated was according to righteousnesse and truth Therefore 3. Sect. 23. And lastly as to the objection last propounded it is no such great matter of difficulty clearly to discern and judge of such emerging necessities at least of many of them which are authorized by God with a prerogative interest of suspending humane lawes Hunger is by the holy Ghost himselfe enrolled amongst those necessities which are invested by God with a faculty and right of suspending his owne lawes so farre and in such cases as they oppose the reliefe of it Have yee not read saith our Saviour to the Pharisees what David did when he was an HVNGRY and they that were with him how he entered into the house of God and did eate the shew-bread which was not lawfull for him to eate viz. in ordinary cases neither for them that were with him but for the Priests only a 〈◊〉 at 12. 3 4 5. meaning and yet were innocent and unreprovable notwithstanding the transgression of a divine law as touching the plain express letter of it Now if God hath asserted such a priviledge unto the necessity of hunger whereby to supersede the conscientious obligation of his own law in order to its present satisfaction much more hath hee authorized it to the superseding of any constitution or law meerly humane in reference to such an end unlesse wee shall thinke that hee is more jealous for the observation of the lawes of men then of his owne So then if it be no great matter of difficulty for a man to judge when he is an hungry evident it it that there are some cases of necessity obvious enough whereunto the lawes of men ought to give place and to be content to be as if they were not For the reason why hunger is invested with such a priviledge from God as we speak of is not simply as or because it is hunger i. such a peculiar and determinate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in a way proper to it selfe threatneth and endangereth the life of man but in respect of the generall nature of it and as it simply threatneth and endangereth this life if it be not timely healed by the application of food or nourishment It was the preciousnesse of the lives of men in Gods sight not any respect he bare to any paricular way or meanes of endangering them which obtained from him the grant of such a priviledge unto hunger that in order to it 's necessary satisfaction it should over-rule his owne law So that whatsoever else it be as well as hunger which so apparently menaceth or portendeth ruine and destruction to the lives of men partakes of the same indulgence and grant of priviledge from God with hunger and is facultated by him in order to the prevention of the mischiefe menaced to transgresse a Law without guilt of sinne By the cleare warrant of this consideration and deduction the Jewes extended that grant of priviledge which God as we have heard made or indulged explicitely unto hunger only unto all manner of things and cases whatsoever whereby and wherein life was exposed to imminent hazard and danger Their common maximes were as they were formerly mentioned Periculum vitae pellit Sabbathum Periculum vita pellit omnia Sect. 4 that danger of life drives away the Sabbath Perill of life drives away all c. Now if the perill of the life of one man or of a small parcell of men as David and those that were with him were no great party was priviledged from heaven with a sinlesse transgression of a speciall law of God certainly the imminent danger of bloody combustions in the middest of a great Nation wherein the lives of many thousands were like to be sacrificed besides the hazard of beinging many other most deplorable and sad calamities upon the whole Land which as hath beene proved wrought effectually in the counsels and actings of the disseated Parliament-men is a broad and unquestionable ground of equity and right for the Armie to build a prevention or diversion of them upon though it be with a temporary disobedience to such lawes of men which were never doubtlesse intended by the Law-makers themselves for the binding either of mens consciences or their hands in such cases Onely Sect. 24. lest the truth we assert should possibly suffer through any mans mistake I shall adde one thing by way of caution or explication about the premises When wee seeme to approve of that principle of the Jewes wherein they say that Perill of life drives away all and speak many things concerning the priviledges of necessity we doe not suppose nor intend to say that men may lawfully transgresse every law or precept of God whatsoever for the saying of their lives being in danger as for example that they may lawfully lie forswear themselves deny Christ or the like in such cases for men doubtless ought rather to accept of death then deliverance upon such tearmts as these But that which we suppose upon the account specified is onely this that hunger or any parallell exigence or necessity have such an indulgencie of priviledge from God which extendeth to the suspension of all such Lawes as
conscientious men voted and acted as they did conscientiously really judging the course they steered to be the safest and most direct for bringing the great Ship of the Common-wealth into the harbour of rest and peace And is it not contrary as well to principles of reason as Religion that such men upon so faire an account as this should be so fouly handled To this I answer First not to question that which I make no question but will be sufficiently proved in due time I meane the Religiousnesse of the Gentlemen spoken of Religious men are as well men as religious and consequently are not yet baptized into the spirit of that divine prerogative which should make them in the Apostle James his phrase 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jam. 1. 13. persons un-temptable by things that are evill They that are capable of receiving gifts or of any inordinacy in their desires after earthly accommodations how wise or just soever they be otherwise are subject both to have their eyes blinded and their words perverted A guift saith God himselfe doth blinde the eyes of the wise i. of those that are religiously wise as well as others the Scripture not often tearming any men wise but upon that account and pervert the words of the righteous a Deut 16. 19. A guift or any thing equivalent to a guift and that not onely after it is received but much more whilst it is yet desired and expected is apt to have both these sad operations even upon the best of men For who can be better then those whom wisedome and righteousnesse joyne hand in hand to make excellent Secondly Sect. 30. When men are religious onely to a mediocrity and withall servile in their judgements to some principles which are commonly and with great confidence and importunity obtruded upon the consciences of professors for sacred Truths and yet are extreamly discouraging and full of enmity to a thorough stable and quiet dependence upon God by being religious upon such tearmes as these they become twofold more the children of feare then otherwise they were like to be and consequently so much the more capable and receptive of sad and dismall impressions from the World upon all occasions And it is not more commonly then truely said Pessimus Consiliarius Timor that Feare is a bad Counsellor Thirdly Sect. 31. When religious men sinne against the common Interest and liberties of a free borne Nation and make one purse with the knowne and thrice declared enemies of their Land and people whether they doe it with or against their judgements and consciences the Law of nature and necessity cannot for the present stand to make either a scrupulous inquiry after such a difference or a regular assignement of favour to the qualifying circumstances of demerit but cals yea and cries out immediatly and commands all men without exception that have a prize in their hand to give it for the redemption of their Nation out of the hand of Oppression and Tyranny And when this Law hath been obeyed to the securing of the Nation she presently resigneth and this freely and willingly all her authority and command into the hand of positive and standing Lawes calculated for the ordinary posture and state of things untill there be another cry of like danger in her eares When these standing Lawes come to resume their authority and power there will be an opportunity to inquire if it shall be thought convenient who sinned with and who against their consciences and their assesments which were we uniformly rated by the Law of necessity may be reduced to tearmes of more equity by those other lawes But Fourthly Sect. 32. According to the Notion of that maxime in naturall Philosophy Corruptio optimi est pessima that errours of the best men of worst consequence in many cases The digressions of men religious are many times worse then the thorough discourses of other men When conscience and concupiscence meet as oft they doe in religious men the conjunction is very fiery It was the saying of Gregory long since When men conceive of sinne under the notion of a duty there it is committed with an high hand and without feare a Cum vitiū virtus putatur culpa sine meta cumulatur Greg. de Pastor cur l. 3. c. 1. Nor ever was nor is ever like to bee the persecution of the Saints more grievous then when those that shall persecute them and put them to death shall thinke that therein they doe God service b Joh. 16. 2. So that whereas the objection in hand plead's on the behalfe of those Parliament men who were religious that they followed the light and dictate of their judgements and consciences in complying with the King and his complices the truth is that though it may reasonably be thought so much the lesse sinful in them if they did it upon such tearms yet was it a ground so much the more justifiable for the Army to proceed upon to the dis-interessing of them as they did For when religious men breake out of the way of righteousnesse and truth with the renitency and obmurmuration of their judgements and consciences it is a signe that their judgements and consciences are yet at liberty and in a condition to reduce them But when these are consederate with their lust there is little hope of their repentance But Fiftly and lastly Sect. 33. for this whereas the objection intimates some hard measure offered unto them being men of conscience and acting according to their judgements the truth is that I know not how the Army could walke towards them with a softer foot to secure the liberties of the Kingdome together with their owne lives and estates against the menaces of their judgements and consciences then they did A third grand Objection Sect. 34. wherewith some encounter that action of the Army The third maine objection hitherto justified is this they therein say these men made themselves Covenant-breakers and sinned against the Solemne Vow and Oath which they or at least some of them sware unto God with hands lifted up to Heaven if not with hearts also In this Covenant they promised and sware that they would endeavour with their estates and lives mutually to preserve the rights and priviledges of Parliaments whereas by that violent dismembring of the Parliament they brake and trampled upon them To this we answer more briefly First That most certaine it is that it is no right or priviledge of Parliament to Vote or Act in opposition to the benefit and good of the Kingdome and those who have intrusted them It is unpossible that any things that is sinfull should be the right or priviledge of any person or society of men under Heaven Therefore if the Army did nothing more but onely restraine from acting in such a way they did not herein violate a Right or priviledge of Parliament If it be replyed Sect. 35. that though it be
what we have argued and related from learned and judicious men in this point evident it is both by the light of reason as also from the testimony of very competent witnesses that whatsoever the Lawes of the Land be the Army could be no transgressors of any of them in standing up and interposing as they did to vindicate the publique liberties of their Nation in such a case of necessity as that before them A fift Objection Sect. 43. wherewith some strengthen and comfort themselves against the deportment of the Army The fift great Objection hitherto justified is this The example of the fact must needs be of very dangerout consequence to the Kingdome For by the same reason and upon the same account that the Army opposed the present Magistracy and proceedings of the publique affaires amongst us any other party of men making and finding themselves strong enough for the undertaking may at any time attempt the like disturbance and confusion and so the Kingdome shall be alwayes in danger of the like combustions and broyles I answer First That the lawfulnesse or goodnesse of an action is not to be measured or judged by what may follow upon it by way of sequell or event but by what is like to follow upon it and this not by accident or by misconstruction but according to the native tendency proper ducture and inclination of it It is wittily said by one that he that goeth about to read the badnesse or goodnesse of an action by the event bolds the wrong end of the booke upward Christ did not amisse in giving a sop to Judas though presently upon the receiving of it the Devill entred into him and prevail'd with him to betray him very suddenly Nor would it argue any thing amisse in what the Army did though never so many troubles and tumultuous risings of people should breake out upon pretence of it The reason is because as the grace of God it selfe though a thing of most incomparable sweetnesse and worth may neverthelesse be yea and daily is turned into wantonnesse and much sin and wickednesse occasioned by it in the World so and much more may the most worthy actions and services of men bee compelled to pretence the worst and vilest deedes that lightly can bee perpetrated Therefore Secondly Sect. 44. Suppose the Army should have apprehended not onely a possibility but even a probability that that fact of theirs we speake of would beget out of its owne likenesse and occasion disturbances of quite another genius and spirit from it selfe yet might it have been sinfull and unworthy in them notwithstanding to stand still and not to have acted as they did The reason is because when seed-time is come men must not observe the windes nor regard the clouds when it is time to reape As men must not doe evill that good may come of it so neither must they forbeare the doing of good because evill may come of it Men are bound to sow the seed of good actions though they had some cause to feare that an increase of Dragons would spring from it But Thirdly Sect. 45. That no action of any bad consequence to the Kingdome can truly plead legitimacy of descent from this of the Army is evident thus Where there is not a concurrence of the same circumstance I meane either formally or equivalently the same there can be no place for exemplarinesse or likenesse of action And when there is or shall be the like politicall constellation with that under which the Army acted the like action cannot in the direct and native tendency of it be of any ill consequence to the Kingdome The killing of a man by Titius being assaulted and in his owne defence is no ground so much as in colour or pretence for Sempronius to flay a man travelling peaceably by him on the way Fourthly Sect. 46. Nor is it like that the action of the Army wee speake of should by any back-doore of misconstruction whatsoever let in mischiefe or disturbance into the Kingdome considering that it was performed and done in due order to such a provisionall settlement of affaires in the Kingdome that as far as is possible there may neither occasion be given on the one hand nor opportunity left on the other to any party or number of men to attempt any interrupture distraction or disturbance therein Therefore to pretend or plead that the said action of the Army is like to cause future trouble or disturbance in the Nation is as if a man should say that to build an house strong wals doores and windows were of dangerous consequence to invite theeves to assault and break into it Fifthly and lastly The action of the Army is not disparageable by any possibility or likelyhood of evill Sect. 47. that it may occasionally bring upon the Kingdome afterwards more then the preservation of a man from imminent death is reproveable because by it he is occasionally exposed to dye another time They who conceive that it had been better for the Kingdome and more conducing to the peace of it in after times that the Army should have sate still and not interpose as they did argue at no better rate of reason then I should doe in case I should perswade my friend being dangerously sick not to use the helpe of a Physitian for his recovery because in case he did recover his recovery might prove a probable occasion of more sicknesse unto him afterwards Quis furor est ne moriare mori i. What madnesse is' t through feare of future death To wish my selfe depriv'd of present breath If the Army had not applyed that plaister of fteele to the boyle or plague-sore of the Kingdome which they did there had been little or no hope of the recovery thereof from that politicall death the symptomes whereof had so strongly seized the vitall parts of it So that though the cure in processe of time should prove an occasion of a relapse or bring the like distemper againe upon it yet as Hezechiah was not without cause thankfull unto God who made an addition of fifteene yeares unto his life after his sicknesse unto death though this addition did not excuse him from dying afterwards So shall the people of the Nation have just cause of thankfulnesse unto the Army for those dayes of freedome and peace be they fewer or be they more which they shall enjoy though slavery and oppression should returne upon them afterwards like clouds after the raine Another Objection Sect. 48. deemed by some impregnable and above answer The sixt main Objection is framed by way of inference from Rom. 13. 1 2. Let every soule be subject to the higher powers Whosoever therefore resisteth the power resisteth the Ordinance of God and they that resist shall receive to themselves damnation From hence the Army are concluded Transgressors and liable to condemnation because they resisted the higher powers and therein the Ordinance of God But with this