§. II.

Though unto me, and many thousands more in the King­dome, the tenour of the present and late proceedings of the Army is, not only unquestionably just, but emphatically ho­nourable also, and worthy men whose Soveraign ingage­ments are, to blesse the world with whatsoever is theirs, with all they are able to doe, or suffer. Yet is it no offence [Page 3] unto me (nor I trust unto many others, though sorrow and sadnes of heart in abundance it be unto us) to heare and see, both the persons and actions of these deserving men persecu­ted, with the the tongues and pens of some others, as if the Heavens had declared against them and written the iniquity both of the one, and the other, with a Sun-beame. The knowledge of the cause causeth as well the offence, as admi­ration, of the effect to cease. Say we not well (said the unbelee­ving Iewes unto Christ) that thou art a Samaritan and hast a Devill? Ich. 8. 48. Doubtles these Iews were as confident of Truth in these horrid Imputations, which they cast upon the Lord Christ, as any Anti-Armists amongst us, of what gowne soever whether Sacred or Civill, can be of any such injustice or impiety in the Army or proceedings thereof, whereof they accuse them both before God and men, and that after the restlesse and importune manner of the Grand Accuser of the Brethren, night and day, Rev. 12. 10▪ yea and pre­sumed they had as sufficient grounds for the averrement of their charge, in the respective branches of it, as these can have to found any, or all their fiery pleas against the Army upon. And yet as the Disciples of Christ had sufficient grounds to judge their Lord and Master neither a Samaritan, nor a man having a Devill, notwithstanding the confident charge of the Iewes against him in both, and by vertue of those grounds, were no waies troubled hereat, or shaken in their faith: so may the Friends of the Army have (yea and have, de facto) grounds and reasons in abundance, in the strength and pregnancy whereof to triumph, not only over the im­portune See the eight Queries, and the nine, and nine more added to them, lately publi­shed. confidence of him, who in his heat seems to threa­ten the Kingdome, that as many as will not be resolved by his Queries, that there is rebellion, treason, repugnancy, as well to the Lawes of the Land, as Priviledges of Parlia­ment, and what not in the proceedings of the Army, shall be stigmatized as men unworthy of their Nation; but likewise over all other colours, pretences, semblances, pleas, Coun­ter-pleas, charges, challenges, arguments, insinuations, ac­cusations, adjurations, conjurations whatsoever, wherby the said proceedings as hitherto they have bin tempered and carried on, either have bin, or can be, impeached or defamed. [Page 4] And as the Disciples of Christ had so much the lesse cause to suspect their master for any thing charged upon him by the Jewes, because his great Interest (which hee pro­secured home, and with all faithfulnesse) was to oppose them in their wayes of ignorance, pride, and blood; so have the well-affected to the Army, far lesse cause to be jealous of the innocency or integrity thereof, notwithstanding the many criminations, and sore accusations levied against it, conside­ring the principall Interest which the Army drives, is to se­perate between those men, who now rise up so full of in­dignation to oppose it, and their beloved lusts of oppression, tyranny and domination, and that in such a [...] or jun­cture of time, when they were rising up to take pos­session, and their hand stretched out to lay hold on the prey, making no other account but that the bitternes of all opposi­tion and prevention had bin now past. It would be no mar­vell to heare an hungry Lion roare, in case the prey were ta­ken away from between his teeth. As the same son was a Ben-oni, a son of sorrow to his mother (his birth threatning and soon after effecting her death) who was a Benjamin, a son of the right hand unto his Father, Gen. 35. 18. who expected strength and support by him; so is it no marvell if the same men, be sons of deepest offence unto those who are like to suffer the losse of their hopes by meanes of them, (no lesse haply then a constructive death unto them) and yet sons of uprightness unto others, who have cause to expect (through the blessing of God) light, and life, and strength, both for themselves and their Nation, from their hand. And as the Name Ben-oni, which the mother in the bitternesse of her soule, gave unto the child we spake of, soon vanished, the child (as it seems) being called by this Name only by his mother; and this but for a short season neither, whereas the Name of Benjamin which his Father gave him, continued, and was the Name by which he was generally called and knowne, whilst he lived, and is to this day: in like manner, it is not to be doubted, but that also those Names of disho­nour, unjust, unrighteous, disobedient, rebellious, &c. by which the Army is called by the party agrieved at their pro­ceedings, [Page 5] will soone vanish and be forgotten; and that those appellations of honour, valiant, wise, just, faithfull, religi­ous, denyers of themselves, lovers of their Country, &c. by which they are known and called by their Friends, will stand by them, and be a memoriall to them and their proceedings, throughout all Generations.

§. III.

But that we may not seem only to crosse affections with their adversaries, and setup our love in termes of honour, against their hatred of them which utters it selfe in words of disparagement, we shall be willing to close and joyn is­sue with them in a sedate serious examination and debate of the cause it selfe, not doubting but to make it more then to appeare, that those who justifie their proceedings, doe it not so much out of interest, or affection, or out of light co­lourable pretences, or passionate exclamations (such as are seldome wanting wheresoever Interest and affection goe, whatsoever the cause be, especially, if reason be not at hand to protect it) but out of cleare and solid grounds, and such considerations which have no communion with any interest, passion, or affection whatsoever, except it be with the love of evidence and truth, together with all those pleasant and desirable things, which naturally flow from these unto the world.

§. IV.

First then, from that great and Soveraigne Law, or ma­ [...]me of State, the equitie, or Authority whereof (I presume) was never yet questioned, or opposed by any, I reason thus: Salus populi suprema lex.

‘If the safety of the people, be the saveraign and supreme Law, whereunto all Lawes, Customes, Priviledges, Po­liticke constitutions, interests of Princes and Rulers whatsoever, ought to give place, then have the Army done nothing but what is justifiable, yea, and what was their duty to doe, in the things for which they were ac­cused by many.’

Ergo. The Minor though for the [...] of the [...] [Page 6] of the earth deny plainly enough in works, and many of their Parasites, in the consequentials of many unsound Doctrines and positions which they assert: yet because I never heard of any man that denied it face to face, we shall (for the present) supersede the proofe of it. The consequence in the Major Proposition, I argue and debate thus. The Ar­my in all they have done (I mean, in the matter under con­test) have no waies violated or transgressed that supreme Law, and consequently have not transgressed any other Law subordinate to it, or depending on it; and so are blamelesse. For in every combination or subordination, whether of per­sons, or of things, no inferiours, or subordinate, whether person or thing, can be injured, but that which is supream or first in either, must needs partake thereof, and suffer wrong also; yea, the truth is, that the whole subordination, and that in every part or member of it suffers wrong, whensoe­ver any one part or member of it so suffers: The meanest Subject in a Kingdome or State cannot be injured, without injury and wrong done to the Prince, or supreame Ruler of this State, so that if the Prince be not injured, certain it is, that no subject under him suffered wrong. Thus then evident it is, that if the Army have done nothing in way of violation of that supream Law, the Safety of the people, nei­ther have they transgressed any other.

§. 5.

That they have not transgressed that great Law we speake of, is evident, because in what they did, they observed it and yeelded obedience to it, they acted for the safety of the people, what they did had a full and a clear concurrence here­with▪ and tendency hereunto; The safety and well being of the people of their Land, was now laid upon the Altar, rea­dy to be offered up in Sacrifice upon the service of some few mens lusts and interests; upon the sight whereof they put their lives into their hand, and ingaged themselves for the rescue, what is, or reasonably may be objected against this Argument, the Sequell will answer.

[Page 7]Secondly, From that great Law of Nature, which ob­ligeth § 6▪ every part or member of the body, to sympathize in taking the same care one of another, and to act according 1 Cer. 12. 25. to their best interests, division, and coniunction, for the pre­servation and well-being of the whole, I reason thus.

If the Army were obliged to take care of, and to act ac­cording to their best interests for the preservation and well­being of the body of the Kingdom, then are they not at all culpable for acting according to the tenour of their late and present proceedings.

But certain it is that the Army, as every other person and society of men in the Kingdom, both were and are obliged to take care of, and to act according to their best interests, for the preservation and well-being of the body of the Kingdom.

Therefore they are not at all culpable for acting according to the tenour of their late and present proceedings.

The minor Proposition in this Argument also is unquesti­onable; That which lies as a duty upon every particular member, Corporation, or Society of men in the King­dom besides, doubtlesse rests upon the same termes, and after the same manner on the Army also. For what can be imagined should make the difference?

The connexion in the former Proposition, this consi­deration avoucheth for Truth. The best Interest they had and that which was most, if not onely, probable to contribute any thing considerable towards the Preserva­tion of the Nation, from those devouring evilis of op­pression, slavery, and blood, which were now comming upon it like an armed man; was to keep themselves in a Body and Posture of strength and power; the common interest of Petitioning, which was wont to operate effe­ctually towards the healing of grievances of People with [Page 8] those upon whom they had cast the honour of making them their Physicians, being now trodden and trampled under foot, yea cast into the fire and consumed by the Physicians themselves. So that had the Army bowed down their backs to a dissolution, they had devested themselves of that opportunity which both God and men had put in­to their hand to save their Nation in a day of danger and extremity; their disbanding (the present [...] and consti­tution of things in the Kingdom considered) had been a constructive surrender and delivering up of this Nation into the hand of a more cruel servitude and vassalage then ever it served since it was a Nation, to this day. Never did a red and lowring morning with more empha­ticalness of presage, portend a tempestuous day; than the burning of the humble addresses and requests of the peo­ple, coming from their aggrieved and sorrowful souls, presage a season of tyrannie and blood, coming apace up­on the Land, yea even at the doors. When petitions are burnt, the Petitioners are no lesse then threatned with the fire. The heathen Poet said,

^* When great men are highly offended with poor people, onely for making or acknowledging them for Gods (I mean for presenting their petitions unto them) doth it not argue a most precipitate and unnatural inclination and disposition in them unto a micanthropie, cruelty, and blood? If our A stro­norners should descry the jovial and pleasant lustre of JUPI­TER, exchanged into the fiery and menacing aspect of MARS

[Page 9]were it not enough to make them all turn Astrologers and Pro­phets of some portentuous and formidable disaster coming up­on the world: It is the demand of an Heathen, [...]. It water choaks men what can they drink with safety. If petitioning, which is of all applications and actions the cleerest and most innocent, and that by men to whom the petitioned, yea, and the whose Kingdom also, under God, owe themselves, their lives, and beings; yea and unto men whose present investiture and authority being interpreted, is (in one of the main and primitive intentions of it) to receive petitions, and gra [...]e Petitioners; yea moreover, if petitioning to such men by such men, not for half their Kingdoms, nor for any thing likely to strain either their [...], or their bounty in point of condefcention, but onely for their regular and known hire, for that bread which they had dearly bought with their sweat and bloud, and such things as the petitioned themselves acknowledged to be due unto them: I say, if petitioning on such terms, under such circumstances as these, did so far work upon the brow of the petitioned, cast them into such an extasie of in­dignation, as to declare to the whole world that they should look upon the Petitioners as enemies to the State, unless they de­sisted; what innocency, what moderation, what peaceableness, what subjection to laws, yea what tenor of actions, lives, or con­versations, could either the Petitioners, but especially the rest of the people of the Kingdom, imagine should be able to pro­tect them against the unnatural, inhumane, and prodigious inso­lencies of such men. When innocency in conjunction with so­veraignty and height of merit, shal be trampled upon as clay and mire in the street, by men in power▪ what doth it portend, but the preparing of a yoke of iron for the neck of the Nation? Elian re­ports that in one of the States of Greece, when the sheep of one Nicippus brought forth a lyon, it was Justly concluded that it por­tended a tyranny, and change of the State, from a peaceable to a bloody government: so when fair, just, and peaceable actions in inferiors, shall produce fierce, violent, and mennacing oppres­sions and deportments in superiors, it is a signe fully demonstra­tive [Page 10] that they are in travel with oppression, cruelty, and blood: yea and begin to cry out to be delivered.

So then, there being these and many other most apparent symptomes upon the Nation of a death of their liberties, and all their just rights and comforts, approching; and withal, there be­ing no visible, no nor probable means to prevent the coming and prevailing of this great destruction over it, but onely that interest of power and strength which yet remained in the Body of the Army; in case the Army had devested themselves of this interest at the instance and demand of those who demanded it, what had this (in due construction) bin, but the delivering of that sword out of their hands, for the smiting of the Nation with violence and oppression, which both God and the Nation it self (by their Trustees) put into their hand, for the preservation and protection of it from, and against these evills? Qui non vetat, peccare, cumpossit, jubet.

Thirdly, from one principal branch in that Covenant, which they solemnly sware and covenanted both with God and men: I further argue,

If the Army promised, vovved, and protested in the presence of God (promising, vovving, and protesting herein nothing but what was lavvful) to maintain and defend, as far as lawfully they might, vvith their lives, powers, and estates, the lavvful rights and liberties of the Subject, &c. then are they not to be blamed, but honoured ra­ther as Covenant-keepers in their proceedings.

But this is the case, the Army did thus promise, vovv, and pro­test, and therein promised, vowed, and protested nothing but what was lawful.

Therefore not to be blamed, but rather honoured as Co­venant-keepers in their proceedings.

The former part of the Assumption is evident from the te­nour of the first branch of the Covenant, together with the [Page 11] known Act of the Army (at least of the chief and greatest part of them] in taking it. The latter part is granted by the Par­liament themselves, and all those, who having taken the said Covenant, do not repent thereof.

The Consequence in the Proposition is evident also upon this supposition, that the Army in what they have done, have gone no further then lawfully they may, to maintaine and de­fend the lawful rights and liberties of the Subject.

The truth of this supposition is fairly demonstrable thus. That is lawful for men to do: which upon good and warrant­able grounds they judge necessary to be done, for the pro­curing and effecting of that which by duty they stand bound and obliged to do. That the Army stood bound in duty, and by the band of their Covenant, to maintain and defend the lawful rights and Liberties of the Subject, is evident, and above all contradiction. The grounds upon which they judged it necessary to steere the course which they have hitherto held; partly in not disbanding; partly in impeaching some members of Parliament in pursu­ance of their Covenant, in the particulars mentioned, are these [with their fellows] First, they cleerly saw, and the world round about cleerly seeth, that the lawful Rights and Liberties of the Subiect, were not onely threatned, or assaulted, but sorely wounded and endangered also, [and consequently stood in eminent need of mainte­nance and defence] havock and spoyl being made of them from day to day; in burning their Petitions, and decla­ring those Enemies to the State, who onely petitioned, and that in a peaceable way, for what the Parliament it self acknowledged to be just and equal to be granted un­to them: besides the numerous Arbytrarie and illegall, yea causless and reasonlesse imprisonments of the persons, sequestrations of the estates, and many grievous and un­just molestations otherwise, of the free-born subjects of the Nation. The Civil Law saith (and not without ground) [Page 12] ‘That he which hath hurt one, hath threatned many: and by the rule of proportion it may be as truly said, that they who have hurt many, have threatned all.’

Secondly, They cleerly saw and understood, that there was no visible, nor in any degree probable means now left unto the Nation, for the maintenance and de­fence of the said lawful RIGHTS and LIBERTIES of the Subject, but onely that Interest which was vested in them, being yet an Armie, and an united body. The prevail­ing party of those men, who EX OFFICIO and according to the ducture and engagement of the great Trust reposed in them, should have asserted these RIGHTS and LIBERTIES, had turned head upon their Trust, and judgement into WORMWOOD; and had not only laid their foundations; but being active in their way, made no smal progress in building up themselves and their own exorbi­tant Greatness, in the ruines of the RIGHTS and LIBER­TIES of the people, (as hath been shewed) Yea, by the lawless Law of Prerogative and Priviledge conspiring to­gether, had now the see-simple of those places, and that power setled upon them; by the advantage of which, they might have done not onely what they pleased (and what this is, and was like to be, they have resolved us with­out putting it to the Question, by their actions) but whilest they pleased also; and this without any bridle of fear in their lipps of being countable unto any for whatsoever they should doe. So that now the Army was the onely SPES GREGIS, the sole hope of recove­ry, under God, to the drooping and dying freedoms of this Nation.

The Army could not but apprehend, that had they willingly walked after the Commandment of those, who required their disbanding, and not stood fast by their In­terest of union and power (at least for a season) they had been like water spilt upon the ground; or (in the Pro­phets [Page 13] comparison) like unto a Potters Vessel, so broken in pieces, that there vvould not have been found in the bursting of it, a sheard to take fire from the harth, or to take water withal out Isa. 30. 14. of the pit. * they had been wholy unusefull and unservice­able to that great Interest of the Nation, the maintenance and defence of the lavvful Rights and Liberties of the Inhabitants thereof: and so had deprived the Kingdom of all hope (yea and possibility in an ordinary way) of receiving their dead (Liberties) raised to life again; * the soft breathing of which Heb. 11. hope, is now of more value and refreshing to the Nation, then all the silver and gold that is in it, and all the Treasure be­sides.

Fourthly, It is no whit less then evident, that they who made tryal of a pretended or imaginary right to dissolve and scatter a reall power, in the disbanding of the Army, (for no person nor persons of what capacity soever, have any power, either to act, or to enjoyn any thing destructive to the lawful Rights of any man, much less of a Kingdom) no waies intended to ease the Nation of the burthen of an Ar­my; but onely to cast down and make a plain of that mountain of men which stood in their way, and obstru­cted their passage to that Lordly paradise of a perpetual and unaccountable domination, the figure whereof they had taken up and committed folly with in their imaginati­ons. As for the Nation, the case is plain enough, that their intent was, to take off the weight of the little finger of the Army, that they might gain an opportunity instead thereof, to lay the weight of their owne Loynes up­on it.

Fiftly, (and lastly for the impeaching of the mem­bers) supposing their guiltinesse, or be it but a strong presumption of Truth, in those high mis-demeanours, which are now charged upon them (beneath which their greatest Friends (I presume) and Confederates cannot fa­vour▪ [Page 14] them) the Army had reason in aboundance to lift up their hand to this expedient also. Because first, Had not this salt been cast into the Parliamentary fountain, the bitter waters thereof could not have been healed; nor re­duced to any such sweetness, that the Families of the Kingdome might with comfort and safety drink of them. It was no waies likely that ever this fountaine would have purged or clarified it self, as naturall Fountains being roy­led and muddy, sometimes do: because the mudde and filth that was in it, was in so great a quantity, and so compacted withal, that the vent or issue, through which, being open, the fresh waters successively springing and ri­sing up, should have wrought the cure, was hereby ob­durated, damm'd, and quite stopt up. Secondly▪ There was none other hand in the Kingdom, but onely the va­liant and dreadlesse hand of the Army, that probably durst, or however, could with that Authority or hopefulnesse of successe, lift up it self to so great and honourable an attempt as this. He had need of the strength and courage of Sampson, that shall take a Lyon by the beard. And to say to a Junto of Parliamentary Grandees, ye are wicked; requires an Army at least in the Reere.

Now whether the grounds mentioned be not fully warrantable and sufficient for the Army, to judge that course which they have steered, necessary for the perform­ance of that great duty, the maintenance and defence of the LAWFVLL RIGHTS and LIBERTIES of the SVBJECT, which by solemne VOW and COVE­NANT, they stood bound to perform▪ and consequently whether justifiable and lawful, I leave to the Judgements and Consciences of their greatest Adversaries to consider; and upon consideration, either to build them up by an inge­nuous and free subscription, or by a cleer and solid refuta­tion, to cast them down.

[Page 15]That which is, or indeede can be objected against the premi­ses is of little value, and very opportune for satisfaction.

1. The Army with their proceedings, are burthened with disobedience to authority, and resistance against the higher powers, in refusing to disband, upon an Ordinance of Parlia­ment, I answer.

1. The Army did not, neither yet doth absolutely refuse to disband, and that in submission to Parliamentary Authority. They onely desired, that their disbanding might be respited for a time; and have humbly offered their grounds and reasons of this their request, unto the Parliament. A Servant is not therefore unfaithfull or disobedient to his Mr. if now and then upon occasi­on, and due consideration had of the nature, or consequence of some command which he shall receive from him, he shall for a while suspend his obedience, and submissively debate with his Mr. either the equity or expediency of his command, especial­ly in order to his own affaires. Ioab was never charged by any man with dissobedience unto David, though a King, and that of divine designation, and this in an extraordinary way too, be­cause he did not presently upon his Command, and without dis­pute, go and number Israel and Judah, the Scripture is playne, that Ioab did argue and reason the case with his Lord and Mr. the King, before he would submit to his Command: and how hap­py a thing it had been both for the King himselfe, and his King­dome, if this Command of his had never been obeyed, the se­quel of the story sufficiently manifests.

2. Neither is all disobedience to superiours, or men in autho­rity, a disobedience to authority, or to that higher power, where­with such persons are lawfully invested, the lusts or arbitrary desires or wills of men in authority, are no part of their autho­rity; for certaine it is, that neither God, nor men ever gave unto rulers, or men in authority, any authority or power to do whatever they list; but onely that which upon good grounds they judge to be just, and expedient for the weale and safety of the people under them, so that it no way followes that because the Army hath not obeyed the persons of men sitting in Parlia­ment, and invested with Parliamentary power, therefore they have not obeyed Parliamentary authority. Though, Shadrach, [Page 16] Meshach, and Abe dnego, changed the Kings word, or com­mand, Dan. 3. 18. 28. refused to obey it, yet did not they resist his authori­ty, or if they did, the King himselfe soone after blessed God for it.

3. There are many Commandements of God himselfe though unquestionably lawfull and good (for such are all his Com­mands) a non-performance whereof notwithstanding in some cases is very lawfull, and free from offence. It was a just and righteous Command of God that Aaron and his Sonnes onely, and not strangers should eat of the holy things Exod. 29. 32. 33. Levit. 24. 29 Mat. 12. 4. and particular­ly of the Shewbread; yet David and his men, though they were none of Aarons Sons, in a case of necessity, eating of this bread, are acquitted by our Saviour himselfe, from sin in so doing, In like manner the Command or law concerning the strict observa­tion of the Sabbath, was a just and holy and good Law: Yet Christ himselfe out of the Law, pronounceth the Priests blame­lesse, though prophaining the Sabbath, though they did that which was contrary to the letter of the Command concerning the Sabbath, as it related unto, and obliged the generality of men. So then, if the Commands of God which are unquestiona­bly just, holy, and good, and of universall expediency unto men, yet as occasion and circumstance may be, may very law­fully, and without the least touch of sin be transgressed, much more may the Commands of men, especially such Commands, the equity and expediencie whereof for publike good are very dubitable, upon just occasion, and in due order to some impor­tant good, be disobeyed, not onely without such height, and heighnousnesse of guilt, as the passionate, but withall rediculous exclamations of many import to be contracted to the Army; but without any touch or tincture of guilt at all.

4. And lastly, as the saying is that there is no generall rule but hath its exception, one or more; so there is no ordinary or stan­ding Law, but must give place, and yeeld obedience to that Law, which is the Law of Lawes, the Law of necessity; when this speaketh, it is like a King upon his Throne, against whom there is no rising up; all other Lawes must keepe silence before it, and [Page 17] bow downe to it as their Soveraigne. It is true, this law when it speaketh, commonly troubleth the world; by turning the ac­customed and setled course of things in it upside downe. The voice of it somtimes is like the roaring of a Lyon, which maketh the beasts in the Wildernesse to tremble, but herein it maketh some kind of recompence, it troubleth not the world often, it but seldome interposeth, to the prejudice, or non-observance of stan­ding Necessity is by the Iewes called lex ho­rae 1. the law of an houre and by others lex temporis the Law of the times. Davevant Detrem. p. 191. Necessitas e­nim tollit, & evertit omnes leges: mio nulla habet legum vincu­lae luth. T. 2. wittenb. P. 376. Necessitas tollit legem necessitas in­ducit privi legium. &c. Lawes; yea and when it doth interpose, the rule and King­dome of it soone hath an end: like to the tempestuous winds, which (as some Mariners have observed) sometimes blow up­on the Coasts of the Island Brava, whose onely prayse it is, that they continue not above an houre, but within this time they commonly change all the points of the compasse. Necessi­ty (saith Luther) takes away and overturnes all Lawes; yea it hath no band or tye of any Law or Lawes upon it. And such sayings as these. Necessity takes away the Law, Necessity brings a priviledge with it, &c. are very common in the civill Law. And though the Jews, especially in their doctrinalls, were very strict and rigid for the observation of their Sabbath, yet it is a knowne rule amongst them, that Periculum, vitae pellit Sabbathum, 1. dan­ger of life drives away the Sabbath. But the saying of Iunius a late learned Divine, is very memorable to this purpose. This (saith he) belongeth to comōn Law & equity, that unto extraordina­ry evils, extraordinary remedies must also be applyed. It were easie to multiply both rules & examples, out of the best approved Authors, to justifie the doing of many things in cases of necessity, which out of such cases are unlawfull, as being contrary to ordinary Lawes, and standing rules. So then, the Law and Command concer­ning obedience to Magistrates and Rulers, being an ordinary and standing Law; it is, and ought to be subject to the Law of ne­cessity, neither ought any man, or any society of men in or for his obedience to this to be judged culpable, or any wayes de­linquent, though it be with disobedience to that other. There­fore it no wayes followes. The Army have disobeyed the Com­mands of their Superiours, therefore they are not censureable as evill doers. But

Secondly, it is like it will here be yet further objected and [Page 18] said. Yea but who shall Judge of a case of necessity? if inferi­ours and they that are under government, and ought to obey shall be allowed to Judge, and to determine of cases of necessi­ty, it is like, that whenever the commands of their Superiours do not please them, or suit with their ends or desiers they will pretend and plead Necessity in way of barre to their Obedience And so the Ordinance and law of Maiestracy, will upon the matter be made void, and of no effect, and then a Chaos and confusion of Anarchywil soon overspread the world. In the pre­sent case, the Patliament who is the most competent Judge, if not the only Judge of a case necessity especiallyin order to the publike good and wellfare of the estate and Kingdome, did not apprehend any necessitie at all. for the Army to deny their obedience and subiection to their ordinance and command for disbanding; and is it lawfull for inferiours, and by name for the Army to oppose the judgment of the supreame Iudicatory of the Kingdom, espesially in a case of such a referrence and import as that? To this also I answer. 1. in generall. 2. in parti­cular.

First, for cases of necessity they are for the most part very easie to be judged and discerned, mens senses usually infor­ming their understandings when they fall. When David and his men were an hungry, and saw no possibility of being supplyed, or relived otherwise (suppose them all persons of far lesse under­standing then they were) they were and had been (ever under such a supposition) the most competent, and best quallified Judges in the world of that case of necessity which was now in upon them, viz. to do that in eating the Show-bread which in other cases was not lawfull for them to do. By the way, this instance concerning David, and his men, being made a Booke▪case by Christ himselfe, cleerly proveth that extremity of hunger, is a reall and authorised case of necessity; and consequently priviledgeth those that are under it, whilst it continueth upon them, from subjection to such Lawes, which oppose the reliefe of it, and whereunto they are, and ought to be subject, at all other times. And if hunger, though but of one or of a small number of men, be warranted by Christ, for a case of necessity, and as a dispen­sation [Page 19] from an ordinary and standing Law; much more are the like, and especially greater concernments of greater numbers of men, to passe in our judgments for cases of like nature name and import.

Secondly, though some may pretend and plead a case of ne­cessity where none is, to exempt themselves from some lawes or commands, which they have no mind to be subject unto (who are justly punishable upon sufficient evidence of their dissimula­tion) yet this is no competent ground or motive to deny a law­fullnesse of power unto mea in generall, to judge of such cases of necessity, whereof they are capable by principles of common sence, and ordinary understanding. Though many are hipocrites in Religion, and professe they beleeve in God, when they doe nothing lesse, yet this is no reason to interdict any man, either the triall or judging of his faith, or the profession of it. when in­deed he hath it and doth beleive.

3. Though men in places civill Iudicature and Magistracy be ordinarilyand in the generall the most competent Judges of such cases of necessity which are of publick Interest and concernment: yet first, considering what was said towards the begining viz. that a guift (and consequently any thing of like influence and operation upon the heart of men▪ as vehement desiers, and hopes of irregular & undue injoynments in anykind &c) blinds the eyes of the wise, and pervert the words of the righteous; 2. The richly testi­fied & long approved integrity of others, who though (haply) not vested in any place of civill authority, yet are men of sound judg­ment and ofexecellent abilities to discern in many cases the di­judication of such an interest we speak of, as farr more compe­tent and proper for some private men, then for those that are above them in Authoritie and power. When a man not suffsiently acquainted with the way. which he is to Travaile, shall hier, and take a guide along with him▪ who knowes the way, to direct him, though in this case it be ordinarily more regular and rationall, for such a man to follow his guide, and to be directed by him; yet in case his guide fals blind by the way, he is fitter from thence forth to be his own guide, and to follow the dictates of his own eyes and judgement, then to be led along, haply into ditches and precipices by a blind man,

[Page 20]Or suppose a wise and discret woman, should joyne her selfe in marriage to a man of worth, and considerable ability: though it were most agreeable to the will and law of God, and to the principles of naturall order and reason, that this woman should obey and be subject to the councells and directions of such an husband, whilst God shall please to keep him sound in his intel­lectuals; Yet in case God shall take of the Chariot wheeles of this mans reason and understanding and smite him with [...] phren­sie or madnesse, in this case, it is more meete that the husband though naturally the head, should follow the councell and di­rections of the woman, though more generally the weaker vessell, then that the woman being discreet and sober, should be dispe­sed off, or concluded by the will or commands of the man. It is a true observation and saying of Bazil, [...]: (Lib. D Spiritu fancto cap. 20.) that is according to the order and course of nature, that which is wise or prudent is to order, and rule. So that in case a person, one, or more advanced to the place of Magistracy and civill power, at first judged upright, and capable of the things appertaining to his place▪ and to the publique good by those who advanced him, shall in time so farr degenerate, and become unlike himself, that either by bribery, covetousnesse, ambition and impotency of desire of arbitrary domination, or the like, he suffers his eyes to be blinded, and looseth his habit or principle of discerning mat­ters of publick concernment: in such a case privat men, yea the generallity of men are more competent judges of their common concernment then he, And as the Lord Christ in that saying, If the blind lead the blind, they shall both fall into the ditch. Matt. 15. 14. gave men a piercing Item in their spirituall affaires, to seeke for eyes of their own wherewith to find out themselves, and to be able to judge of the waies of life, upon a supposall that their leaders would sometimes, if not very frequently, prove blind, in which case, unlesse themselves had eyes to see, and should walke accor­dingly, they would certainly perish for ever: so is it in mens temporall and civill affaires proportionably: If the blindlead the blind. If blind Magistrates shall lead a blind people, or a see­ing people, (for there is no difference in case the one be led [Page 21] aswell as the other by the blind) if the people▪ (I say) whether blind or seeing shall subject themselves without due examination and triall, to whatsoever their blind Rulers, whether in pretence, or in reality of intention (for their is no difference in the case we speak of) shall command them to do in order to their peace; they run an iminent hazard of falling into the Politicall ditch of externall misery and ruin. Nor is their much question to be made, but that men are in every whit as much danger of being led by the blind, in their politique and civill concernment as in their spirituall: The bench and throne affoording commonly more dust to blind mens eyes, then the Chaire or Pulpet. But

Fourthly, Suppose Rulers and Judges, should be men of inte­grety (for the maine) yea and for wisdom and vnderstanding in their appropriate affaires, men not much, lower then Angels of God, yet we know the common saying humanum est errare, men have nothing more incident to them then error and mistake: and this many times in matters of very materiall consequence both to themselves and others, yea the wisest of men have their turbidaintervalla, and now and then dead flyes are found in their Oyntment. David was a man after Gods own heart for uprightnes and sincerity and had a very rich annointing also of the spirit of wisdome and understanding; Yet we know the time was, when he commanded, and that with much importunity and vehemen­cy of contest, that which was of very sad consequence, both to himself and many thousands of his people: the evill tendency of which command, though himself for the present apprehended nothing of, yet was it as it seemes resented by Ioab a souldier and Generall of his Army, who contested with him a while for a re­versal of it. If then Rulers and Governors though men of cleerest both hearts and parts, may sometimes, through incogitancy, or weaknesse of judgment or by reason of some present over▪ shad­dowing with some corruption, temptation or the like, command such things to be done, which have a direct and cleere tendency to the puplique prejudice and dammage of that state and people who are subject unto them, and this discernable to private men who are standers by: ought not these men to judge, and speake what they see, and beleeve in these cases, yea and to charge the commandements of their Rulers, rather then to obey them both [Page 22] to their owns prejudice, and the prejudice of many millions of men, whose wealth, and safety they stand bound in conscience with the best of their interests, and endeavours to procure. It Christ doth not onely allow the generality of Christians to try, examine, and judge, of the Doctrines of their teachers, if they be able; but injoynes them (as we heard) at the perill of their soules to vest in themselves such an ability, by which they may be able so farre to discerne and judge of their Doctrines, as to determine whether or no their teachers be blind or seeing, ad­monishing them further if they be blind, at no hand to be led by them, for feare of falling into the ditch doubtlesse, he alloweth (at least) the generallity of men, a right and interest of judge­ing and discerning, if they be able (and what should hinder of being able to acquire a faculty of judging temporall and civill things, when Christ himselfe supposeth them capable of ob­taining an ability to judge of spirituall and heavenly things) the politick Doctrines. 1. the Injunctions and Commands of their civill Rulers: and if he alloweth them to judge and determine of them, whether they be truly politique, and consistant with the publike good and safety, or no, certainely, he allowes them withall, either to obey, or disobey according as upon good grounds, they shall judge them to be.

It is like it will be here replyed and demanded.

Yea, but by what rule shall inferiours judge of the Com­mands of their Superiours? Or by what Character or marke, shall such Commands which may lawfully be disobeyed, be so cleerly distinguished from such others, which are necessary to be obeyed, that the conscience of him that obeyeth not, may be secured in peace, in, and under his non-obedience? I an­swer.

First, the conscience of the inferiour who disobeyeth, may upon every whit as cleere, and satisfactory termes, be secured, concerning the lawfulnesse of his non-obedience, as the consci­ence of the Superiour, concerning the lawfulnesse of his com­mand. Nay, of the two, there are more snares and temptations upon the superiours to impose unrighteous Commands, then upon the inferiour to miss-judge or mistake, those which are righteous for unrighteous▪ The Superiour is in little or no danger [Page 23] at all (I mean in respect of any civil punishment or sufferings, if he judgeth any command of his whatsoever unjust, refusing ac­cordingly to obey it: yea he is in danger of suffering both from God and men in case he mis-judgeth any such command upon such termes, so that there is nothing so much danger, that the inferiour himself should mis-judge his superiours command, as that the superiour himself should mis-judge it, and so sin in the proposall of it.

Secondly, Were it to be granted, that the Inferiour who is to obey runs some hazard of mistake, when ever he judgeth and concludeth any command of his superiour to be unjust: yet, 1. the superiour runs the same (or a greater) hazard, (as hath been said) whensoever he judgeth that which he commandeth to be just; so that if the possibility or a danger of a mistake, in the in­feriour, be a ty or engagement upon his Conscience, to forbear any act of judgement at all about the command of the superiour: the same of greater possibilitie or danger in the superiour must oblige his Conscience also from imposing any command at all upon the inferiour, and consequently, all both commanding and obeying should cease from the world, and the interest of Magi­stracy and government wholly be dissolved. 2. As the inferi­our shall run a hazard of mistake, whensoever hee shall judge it righteous: it being every whit as difficult cleerly to determine what is righteous and just, as what is unrighteous and unjust, so that if the danger of a mistake, in judging the command of his superiour to be unjust, be an engagement upon his conscience, to forbear all such judgement, by the same rule, and upon the same ground, he should never judge any such command to bee just neither: in which case all his obedience must needs be sin­full, as not being performed in faith: 1. Out of a knowledge or wel-grounded perswasion of the lawfulnesse of it. But

3. Evident it is, that in some cases there is no danger at all, no hazard run, in judgeing the commands of superiours, unlawfull: no not when the superiours themselves shall be most confident of the lawfulnesse of them: Shadrach, Meshach and Abednigo ran no danger of a mistake, when they judged the command of King [Page 24] Nebuchad-nezar, for the worshiping of his golden image, to be unlawfull and unjust: and yet the King himself (as appears by the story) yea and all his Nobles, were violently confident of the equitie and justnesse of it. Nor did Daniel run hazard of a mis­take, when hee judged the command of Darius his Prince and Councellours, that no man for thirty dayes should ask any Petitions of any God, or man, but of the King only, to bee unjust: though it is no wayes like, but that at least the major part of them, judged it very reasonable and just. That mixt Assembly of Ru­lers and Priests (Act. 4. 5. 6.) were confident more then enough, that they did well, in commanding Peter and Iohn, to preach no more in Christs name, (vers. 17. 18.) yet the men ran no hazard at all of mistake in refusing to obey it, as unjust. So by the way, it no wayes followes. The Parliament it selfe, (at least the major part of it▪ judged their Ordinance or Command for the present disbanding of the Army, to be just: therefore the Army sinned, or ran a hazard of sinning, in refusing to obey it according­ly. But

4. In case the inferiour should at any time mistake, in judge­ing some command of his superiour unlawfull, having consci­enciously used compitent means for his due Reformation, and judging of it as he doth, in the simplicity of his heart, not out of any sinister end, or respect as neglect of Magistracy, &c. yet such a mistake, with the new obedience accompanying it, is a far lesse offence, much more pardonable or excusable, then ei­ther the swallowing downe of all commands whatsoever from superiours without examination, and much more then his sub­jection to this or any other command against judgement and conscience would be: so that though a non obedience in an in­feriour upon such a mistake, as was now discribed in the com­mand of his superiour, be not simply justifiable or lawfull, yet it is comparatively justifiable, being a far lesser sin, supposing the invinciblenesse of the errour, or mistake, by ordinary meanes, then the contrary, yea then any other department would bee mistakes upon diligence, and reasonable m [...]ns conscientiously used for the prevention of them, as they are the frequent, so are [Page 25] they the lightest mis-carryings of the Saints, and least obnoxi­ous to the displeasure of God.

5. (And Lastly for these) There are these three characters and symptomes very incident (amongst some others) to the commands of superiours, which being found upon them, ren­der and declare them manifestly unjust, (in which case the in­feriour runneth little or no hazard in judging them according­ly) First, When they are calculated and formed with a peculi­ar and cleere antipathy to the comforts and peace of such as are religious, and withall peaceable in that way of Religion wher­in they worship God. This is one character of an unjust com­mand. It is not material in this case, whether the superiours we speak of or others void of Religion, know who are Religious [...]. That may bee clear and manifest to Religious persons themselves, which is either unknown or doubtfull, unto o­thers. Secondly, When such commands smile upon the inte­rests of the Commanders themselves, or any prevailing party or faction of them, as upon their profits, pleasures, honours, pow­ers, &c. and withall lowre and frown upon the ease and acco­modations of the comminalty of the people under them. This is another manifest character or signe of their injustice, easie e­nough to be discovered. Thirdly, (and lastly,) When they have strong and pregnant conjunction, in point of conversallity, whether privative or possitive, with any such designe, whether reall, or justly suspected, which tends either to the enslaving of the generallity of the people, or to the extinguishing and de­feating of their just rights and liberties; and withall, have no connexion at all, with any imaginable benefit or good, of e­quall consideration unto the people. This also is a pregnant character of iniustice in such commands. Suppose there be no such designe as wee speake of really intended, as for the ensla­ving of a free people (or their liberties) yet if there bee any strong presumption (much more i [...] many) that there is indeed such a designe intended, so that there is a great Jealousy and feare of such a thing, generally fallen upon the people, yet in this case, for superiours, especially those who are most suspected [Page 26] for contrivers and drivers on of such a designe, to command such a thing, which hath a palpable and notorious consistency, with such a designe in case it be intended, and withall but a faint and slender connexion, especially if none at all, with any proporti­onable benefit unto the people, is at least even in the best and most innocent tendency of it, to torment the people with fears and Jealousy, which is uniust for these to do, whose interest of duty is, to be Nurfing Fathers unto them: and though there be no demonstrative, or Logick sentence, that such or such a com­mand as we speak of, comming from a person, one or more su­spected, of the designe specified; hath a reall coniunction with such a reall designe, yet if there be a politicall or morall certain­ty, which stands in strength and pregnancy of probability and presumption, this is sufficient to cleare and justifie, as well the iudgement, as the practice of those; who iudging the said com­mand to be unlawfull and uniust, shall accordingly yeeld obe­dience to it. It is well observed by Aristotle, that a considering man ought onely to require and bee content with such Argu­ments and proofs, as the nature of the subiect under considerati­on, whatsoever it be, will bear and admit. From Mathema­titians we may expect close and exact demonstrations, because the subiect of this science will beare it; but from Oratours, or men handling politicall, and morall matters, we ought to bee satisfied with probabilities, and topique arguments; because the nature of such subiects as these, will not admit of regular and perfect demonstrations. Suppose a person, one or more, have a reall intention to destroy or enslave a nation? it is not lightly possible for any other man possitively and with a Mathematical evidence, or certainty of knowledge to affirm it, untill it be effe­cted, and then it is too late to prevent it. Therefore when there is a grand probability before us, a result of many circumstances, strongly inducing a beleef of such an intention, it is sufficient to build any such practice or engagement upon, which is necessa­ry for the prevention of it. Thus in generall for answer to the main obiection and demand last propounded.

For the particular I shall need to add little, all circumstances [Page 27] relating hereunto, being generally known unto this Kingdom. The command for the dis-banding of the Army, being contri­ved and procured by, and comming from such persons (though haply in coniunction with others) who are strongly, and upon grounds wel-nigh irresistable, suspected of a machievation or designe destructive to the peace, lawfull Rights and Liberties of the Kingdom; and moreover, the said command notoriously comporting with such a designe as directly tending to breake in sander that bar of Iron which only obstructed the birth and ex­ecution of it; and yet farther, having no complyance at all with my considerable or proportionable good unto the nation: and yet more, being so exactly bent against, and level'd at the faces of such as are really conscientious and religiously peaceable in the Land; to whom the Army by reason of their union and power, were a little Sanctuary, and as that shaddow of a Rock in a weary Land. These things laid together, and duly consi­dered cannot in the eye of any reasonable or dis-ingaged man but abundantly, and with honour acquit and vindicate the Ar­my in what they have done, though ten thousand angry and impertinent Querents more, should be levied against them, to attempt the avilement and abasement of those to whom the God of heaven hath said, Be ye honourable amongst men.

As for that which is wont to bee objected, touching breach of priviledge of Parliament, it is of no consideration or compa­rison with the objections already answered; and besides, there is abundantly sufficient in the premisses, to cut the sinewes of a­ny such objection. Though priviledge of Parliament, really such, and not simply but truely so called, bee truely honourable and little lesse then the light, and life, and strength of the free­dom of the nation: yea, no man as yet hath, nor whilest I live shall take away this crowne from my head, of beeing cordially zealous in the defence and maintainance of them; yet are they not of equall consideration with the holy Lawes, and righteous commands of God. Therefore if these may, and ought not­withstanding the jealousy of God over them, sometimes want [Page 28] that obedience and subjection from men, which in ordinary ca­ses is most due unto them, much more ought the priviledge of Parliament, notwithstanding any soveraignty of great [...] in them, how downe at the feer of that soveraigne and supreame Law, [...] Solus populi, the safety of the people, which cer­tainly is above all Parliaments and Parliament priviledge what­soever. Yea, it is a truth unquestionable, that nothing that it sinfull, nothing that is inconsistent with the honour, peace, safe­ty, just rights or liberties of the people, can for ever be, or make a priviledge of Parliament. And whilest men act in a due and cl [...]er concurrence with this great Law, the safetye of the people un­possible it is that they should intrench or make the least breach upon any priviledge of Parliament whatsoever. And whether the Army have thus acted or no, I am freely willing to leave to the judgements and consciences of all those who have diligent­ly read, duly considered, and retain in memory what hath been argued in their behalf in their papers, to judge and determine. There may be (I confesse) some other things of lighter moment objected against their proceedings▪ unto which, though these have not been given an answer in the letter, yet confident I am▪ that there is none of them all able to stand before that spirit that hath spoken, and yet speaketh in the premisses.

The God of all grace and glory, continue the Parliament in a full and peaceable inioyment of all their priviledges and ho­nour; make streight that which is croocked, sweet that which is bitter, righteous that which is unjust, peaceable that which is troublesome, holy that which is profane amongst them; lea­ving nothing in their Assembly that may offend either the eyes of his own glory, or the mindes of the sober and wel-affected people of the Land. The same ever blessed God, who is the Lord of hosts, vouchsafe still to delight in that Army in which he hath greatly delighted hitherto, and out of the midst where­of he hath looked, as sometimes he did out of the cloudy and fiery pillar, when he took off the chariot wheeles of the Egypti­ans, and caused them to drive heavily: whilest they were in hot [Page 29] pursuit of his people Israel, direct them in all their counsels, give them a pattern from the mount, to make and forme all their proceedings by; keep them in righteousnesse, peace, and honour, and make them an happy band in his hand to binde up a scattered and undigested Nation, which scarce knowes where to finde a right end of it self, into a compacted and well made up bundle of love, unity, and peace.