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A85413 Right and might well met. Or, A briefe and unpartiall enquiry into the late and present proceedings of the Army under the command of His Excellency the Lord Fairfax. Wherein the equity and regularnesse of the said proceedings are demonstratively vindicated upon undeniable principles, as well of reason, as religion. Together with satisfactory answers to all materiall objections against them. / By John Goodwin. Goodwin, John, 1594?-1665. 1648 (1648) Wing G1200A; Thomason E536_28; ESTC R188135 40,195 49

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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
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 T●… 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 quàm 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 quàm 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
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
Objection we are not behinde hand having given a sufficient answer unto it already the substance of it being nothing but what the second Objection offered Notwithstanding because we desire to give heaped measure of satisfaction especially to such arguments which pretend to the Scriptures we thought it not amisse to lay the words themselves before you out of which the objection is fram'd and so to give in the surplussage of a further answer unto it Therefore 1. We answer by distinguishing with the Ministers of Scotland in their briefe Theses de Majestatis jure betweene the power of Magistrates and the abuse of this power The power say they is from God and so his ordinance but not the abuse of it Yea hee no whit more allowes the abuse of a lawfull power in one Tyrant then the use of an unlawfull power in another a Secundò igitur distinguendum inter potestatē ipsam potestatis abusum eam non autem hunc ordinavit Deus Imò non magis ab eo probatur abusus potestatis legitimae in uno tyranno quàm potestas illegitima in altera So that if it were the abuse only of a lawfull power which the Army resisted they resisted no Ordinance of God nor are they for such an act made liable to any condemnation by the Scripture mentioned Now that it was not any power but the abuse of pewer which the Army resisted hath been more then once clearly enough evicted in this Apologie and is further evidenced from hence no other power but that which is Parliamentary can be pretended to have been resisted by them in that act so often mentioned But that they did not resist this power but the abuse of it onely appeares 1. Because this power remaines at this day quiet and undisturb'd in the midst of them Yea 2. Their great care and desire is to settle this power upon better terms for the due government of the Nation then those on which it hath been continued hitherto If it be said Sect. 49. that that the Parliamentary power now in being in no lawfull power because it is under force I answer 1. that it is no more under force then it was whilst all the Members now secluded had free liberty to sit and vote in that House The same Army which is now pretended to over-awe or keep under force the present Parliament was as neer and did as much to the Parliament then in matter of force or awe as now it is or doth Therefore if it were a lawfull power then it is no lesse lawfull now 2. Nor is the Parliament at this day under any more force by reason of the Army then it was for the space of about two years together before by reason of the continuall tumultuous engagements and practices both in City and Countrey Nay 3. I verily believe that if the Members of Parliament now sitting would please to declare themselves upon the point they would acknowledg and confesse that they are as free from force or feare at least in respect of the Army now as they have beene at any time since their first meeting in their House But to the maine objection in hand I answer 2. Sect. 50. The ordinance of God in Magistraticall power being the adequate foundation upon which that subjection or obedience which he requireth of men unto it by his command is and ought to be built evident it is that this subjection is not commanded or required to this power beyond the ordinance of God in it i. unto any act or injunction of men invested with this power which swerveth from especially which opposeth this ordinance of God in the end and intent of it Now the end and intent of the ordinance of God in magistraticall power being as the Apostle cleerly asserteth vers 4. the good of those that are subject to it For he is the Minister of God to thee for good it is evident yet further that there is no subjection commanded by God unto any higher powers further or otherwise then they act and quit themselves in a due order and proportion to the good of men And where subjection is not commanded resistance is not prohibited and consequently is not unlawfull For where there is no law there is no transgression Therefore if those higher powers the resistance whereof the objection chargeth upon the Army were found acting and apparantly bent to act on in a way of manifest prejudice and opposition to the good of those from whom they expected subjection which I presume is little questionable to him that hath read and weighed the premisses and consequently quite besides the end and purport of the ordinance of God the Army in that resistance which they made against them transgressed no law or precept of God Nor doth it follow from any thing that had been said that a Magistrate for every errour in the administration of his power may be deposed from his place of Magistracy by any party of men but this is that which only followes that when the supreame Magistracy of a Kingdome shall be so farre whether blinded in judgement or corrupted in affection that such counsels and actings put forth themselves in them from time to time which are apparantly detrimentous and destructive to the generall and great interest of the due liberties of the people reasonable security may be taken of them by any party of this people having the opportunity and all others wanting it that they shall proceed and act no further in such a way 3. And lastly that resisting the ordinance of God in the Higher Powers which the Apostle in the Scripture in hand condemneth is not a deteyning of men in Authority though with a strong hand from doing mischiefe in their places but either as was formerly said a refusing obedience unto their lawful commands or awards or rather a complotting or attempt-making to shake off the yoke of all obedience unto civill Magistracy Calvin upon the place seemes to incline to the latter Paraeus unto the former whose words are these Yet every disobedience is not to be termed rebellion or resistance but only that which out of malice is practised or admitted contrary to the lawes by those who refuse to satisfie the law by suffering such punishment as they have deserved a Non quaevis tamen in obedientia dicenda est rebellio vel resistētia sed ea solum quae contra leges ex malitiâ admittitur ab ijs qui per poenā commeritam legibus satisfacere detrectant If either of these interpretations of the place be admitted certain it is that it reflects no bad colour at all upon the action of the Army who neither refused obedience in what they did to any command much lesse to any lawfull command of their Superiours nor yet declin'd the giving of satisfaction unto the lawer by refusing to suffer any punishment which they had deserved Pareus layes downe this position upon the place and maintaines
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