THE ARMY, harmless: OR, A dispassionat and sober discussion of the late and present proceedings of the Army, under the Command of His excellency, Sir THOMAS FAIRFAX. Wherein the equity and unblamableness of the said proceedings are demonstratively asserted, upon undeniable principles and maxims, as well of Reason, as Religion. Matth. 12. 3. 4. 5. But he said unto them, have ye not read what David did when he was an hungry, and they that were with him; how he entered into the house of God, and did eat the showbread, which was not lawful for him to eat (viz. in ordinary cases) neither for them that were with him, but only for the Priests? Or have ye not read in the Law, how that on the sabbath-days the Priests in the Temple profane the Sabbath, and are blameless. Plus Togae laesêre Rempublicam, quam Loricae. Tertul. Proteus non reddit Oracula, nisi alligatus. LONDON, Printed for John Pounset, and are to be sold at his shop, at the sign of the Hand and Bible, at the lower end of Budgerow near Dowgate. 1647. THE Army, harmless. OR The equity and unblamableness of the Army under the Command of his excellency Sir Thomas Fairfax, clearly and briefly demonstrated and asserted, as well upon grounds of Reason, as Religion; with all material objections Answered. Upon the first greeting between me and this saying, That may seem manifestly true to one man, Eadem poss●●t alteri manifeste vera, quae alteri videntur, manifeste falsa. which to another appears manifestly false. I was for a while, under some demur, what I should make of it, Treasure or coals; the face, and first interview of it, promised (Methinks) somewhat more then ordinary; so that I presently apprehended, there was either some weight and worth of truth in it, or else some deluding notion of error, of dangerous consequence. But upon a little recollection, and consideration had; partly, of many serious, (I wish there were no ground to say sad) doings in the world; partly, of some things which I had learned both from God and men, effectually persuading the truth of it; I soon subscribed, and received it into the society of those unquestionable principles and maxims, which are in many cases of difficulty and obscurity unto others, the sweet, lightsome, and stable supports of my soul. I could not (nor yet can) imagine how it should be possible for the party of Presbyterian engagement amongst us (at least for many of them) to act with that 〈◊〉 and truculency of spirit for their way, did they not conceive it to be manifestly the best & most agreeable to the word of God. Nor can I, on the other hand, judge, but that the persons, who suffer in that extremity, which many do, and are like to do further, for their non-comportment with that way, conceive, and judge the same to be manifestly sinful, and altogether (taking the whole contexture and model of it) repugnant to that Word. And so again, when I consider, what the Spirit of the most and only wise-God affirmeth, saying, that a Deut. 16. 19 A gift doth blind the eyes [even] of the wise, and perverteth the words [even] of the righteous, (with much more of like import) and what knowing and considering men frequently teach, in such sentences as these. b {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}. Plato There is nothing sound in a servile soul, nor is it worthy a man of wisdom to believe what such shall say. And again, c {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}. Hom. Jupiter deprives men of half their wits or understandings, when he subjects them in a servile way, to the will and power of others; with many other sayings of like tendency with these; when I consider (I say) the native and clear consequences and issues of such assertions as these, wherein both God and men agree, I fully and convincingly apprehend, how, and in what cases, it is very possible, that men servile to their affections, and under the Command of sinister and ignoble ends, may judge both such doctrines to be manifestly false, and such practices manifestly unjust, which unto men, who know no Interests, but those that are honourable, and of a fair and full consistency with the public good of men, seem (and are, according to truth) the one manifestly Sound, Orthodox, and True; the other, as manifestly righteous, and no ways trenching upon the due rights, or regular Interests of any man. §. II. Though unto me, and many thousands more in the kingdom, the tenor of the present and late proceedings of the Army is, not only unquestionably just, but emphatically honourable also, and worthy men whose sovereign engagements are, to bless the world with whatsoever is theirs, with all they are able to do, or suffer. Yet is it no offence unto me (nor I trust unto many others, though sorrow and sadness of heart in abundance it be unto us) to hear 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 sunbeam. The knowledge of the cause causeth as well the offence, as admiration, of the effect to cease. Say we not well (said the unbelieving Jews unto Christ) that thou art a Samaritan and hast a devil? a Ich. 8. 48. doubtless these Jews were as confident of Truth in these horrid Imputations, which they cast upon the Lord Christ, as any Anti-Armists amongst us, of what gown soever whether Sacred or civil, 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 restless and importune manner of the Grand Accuser of the Brethren, night and day, b Rev. 12. 10▪ yea and presumed they had as sufficient grounds for the averment 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 devil, notwithstanding the confident charge of the Jews against him in both, and by virtue of those grounds, were no ways 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 kingdom, that as many as will not be resolved by his Queries, that there is rebellion, treason, repugnancy, as well to the laws of the Land, as privileges of Parliament, and what not in the proceedings of the Army, shall be stigmatised 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, whereby the said proceedings as hitherto they have been tempered and carried on, either have been, or can be, impeached or defamed. And as the Disciples of Christ had so much the less cause to suspect their master for any thing charged upon him by the Jews, because his great Interest (which he prosecured home, and with all faithfulness) was to oppose them in their ways of ignorance, pride, and blood; so have the well-affected to the Army, far less cause to be jealous of the innocency or integrity thereof, notwithstanding the many criminations, and sore accusations levied against it, considering the principal Interest which the Army drives, is to separate 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 {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} 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 bitterness of all opposition and prevention had been now past. It would be no marvel to hear an hungry Lion roar, 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 threatening and soon after effecting her death) who was a Benjamin, a son of the right hand unto his Father, a Gen. 35. 18. who expected strength and support by him; so is it no marvel if the same men, be sons of deepest offence unto those who are like to suffer the loss of their hopes by means of them, (no less haply than 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 bitterness of her soul, gave unto the child we spoke 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 known, 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 aggrieved at their proceedings, will soon vanish and be forgotten; and that those appellations of honour, valiant, wise, just, faithful, religious, deniers of themselves, lovers of their Country, &c. by which they are known and called by their Friends, will stand by them, and be a memorial to them and their proceedings, throughout all Generations. §. III. But that we may not seem only to cross affections with their adversaries, and setup our love in terms of honour, against their hatred of them which utters itself in words of disparagement, we shall be willing to close and join issue with them in a sedate serious examination and debate of the cause itself, not doubting but to make it more then to appear, that those who justify their proceedings, do it not so much out of interest, or affection, or out of light colourable pretences, or passionate exclamations (such as are seldom wanting wheresoever Interest and affection go, whatsoever the cause be, especially, if reason be not at hand to protect it) but out of clear 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 sovereign Law, or ma●me of State, the equity, 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 laws, customs, privileges, politic constitutions, interests of Princes and Rulers whatsoever, aught to give place, then have the Army done nothing but what is justifiable, yea, and what was their duty to do, in the things for which they were accused by many. But the safety of the people is the sovereign and supreme Law, where●●●● all laws, &c. Ergo. The Minor though for the 〈…〉 of the 〈…〉 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 proof 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 ways violated or transgressed that supreme Law, and consequently have not transgressed any other Law subordinate to it, or depending on it; and so are blameless. For in every combination or subordination, whether of persons, or of things, no inferiors, or subordinate, whether person or thing, can be injured, but that which is supreme 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 kingdom or State cannot be injured, without injury and wrong done to the Prince, or supreme 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 supreme Law, the Safety of the people, neither have they transgressed any other. §. 5. That they have not transgressed that great Law we speak of, is evident, because in what they did, they observed it and yielded 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 men's lusts and interests; upon the sight whereof they put their lives into their hand, and engaged themselves for the rescue, what is, or reasonably may be objected against this Argument, the sequel will answer. 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 conjunction, 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 well-being of the body of the Kingdom, then are they not at all culpable for acting according to the tenor 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 tenor 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, doubtless rests upon the same terms, 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 only, probable to contribute any thing considerable towards the Preservation of the Nation, from those devouring evilis of oppression, slavery, and blood, which were now coming 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 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 {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} 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 lowering 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 tyranny and blood, coming apace upon the Land, yea even at the doors. When petitions are burnt, the Petitioners are no less than threatened with the fire. The heathen Poet said, Offendunt nunquam thuro, precesque jovem▪ With Incense Jove was ne'er incensed known, Nor with the prayers of men bowing down. * Qui duro ducit vivos è Marmore vultus, Non facit ille De●s: qui rogat, ille facit. Who out of Marble living faces maketh, Makes yet no Gods; but he that supplicateth. When great men are highly offended with poor people, only 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 misanthropy, 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 were it not enough to make them all turn Astrologers and Prophets of some portentous and formidable disaster coming upon the world: It is the demand of an Heathen, {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}. It water chokes men what can they drink with safety. If petitioning, which is of all applications and actions the clearest 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 only for their regular and known hire, for that bread which they had dearly bought with their sweat and blood, 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 ecstasy 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, inhuman, and prodigious insolences of such men. When innocency in conjunction with sovereignty and height of merit, shall 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 lion, 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 sign fully demonstrative 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 symptoms upon the Nation of a death of their liberties, and all their just rights and comforts, approaching; and withal, there being no visible, no nor probable means to prevent the coming and prevailing of this great destruction over it, but only 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) been, 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 itself (by their trusties) put into their hand, for the preservation and protection of it from, and against these evils? Qui non vetat, peccare, cumpossit, jubet. Thirdly, from one principal branch in that Covenant, which they solemnly swore and covenanted both with God and men: I further argue, If the Army promised, vowed, and protested in the presence of God (promising, vowing, and protesting herein nothing but what was lawful) to maintain and defend, as far as lawfully they might, with their lives, powers, and estates, the lawful 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, vow, 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 tenor of the first branch of the Covenant, together with the 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 maintain 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 steer 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 clearly saw, and the world round about clearly seeth, that the lawful Rights and Liberties of the subject, were not only threatened, or assaulted, but sorely wounded and endangered also, [and consequently stood in eminent need of maintenance and defence] havoc and spoil being made of them from day to day; in burning their Petitions, and declaring those Enemies to the State, who only petitioned, and that in a peaceable way, for what the Parliament itself acknowledged to be just and equal to be granted unto them: besides the numerous Arbytrarie and illegal, yea causeless and reasonless imprisonments of the persons, sequestrations of the estates, and many grievous and unjust molestations otherwise, of the freeborn subjects of the Nation. The Civil Law saith (and not without ground) That he which hath hurt one, hath threatened many: and by the rule of proportion it may be as truly said, that they who have hurt many, have threatened all. Secondly, They clearly 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 only that Interest which was vested in them, being yet an army, 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 small progress in building up themselves and their own exorbitant Greatness, in the ruins of the RIGHTS and LIBERTIES of the people, (as hath been showed) Yea, by the lawless Law of Prerogative and privilege conspiring together, had now the fee-simple of those places, and that power settled upon them; by the advantage of which, they might have done not only 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 whilst they pleased also; and this without any bridle of fear in their lips of being countable unto any for whatsoever they should do. So that now the Army was the only 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 spilled upon the ground; or (in the prophet's comparison) like unto a potter's Vessel, so broken in pieces, that there would not have been found in the bursting of it, a sheard to take fire from the hearth, or to take water withal out Isa. 30. 14. of the pit.* they had been wholly unuseful and unserviceable to that great Interest of the Nation, the maintenance and defence of the lawful 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, than all the silver and gold that is in it, and all the Treasure besides. Fourthly, It is no whit less than evident, that they who made trial of a pretended or imaginary right to dissolve and scatter a real power, in the disbanding of the Army, (for no person nor persons of what capacity soever, have any power, either to act, or to enjoin any thing destructive to the lawful Rights of any man, much less of a Kingdom) no ways intended to ease the Nation of the burden of an Army; but only 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 own loins upon it. Fiftly, (and lastly for the impeaching of the members) supposing their guiltiness, or be it but a strong presumption of Truth, in those high misdemeanours, which are now charged upon them (beneath which their greatest Friends (I presume) and Confederates cannot favour▪ them) the Army had reason in abundance 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 kingdom might with comfort and safety drink of them. It was no ways likely that ever this fountain would have purged or clarified itself, as natural Fountains being roiled and muddy, sometimes do: because the mud 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, dammed, and quite stopped up. Secondly▪ There was none other hand in the Kingdom, but only the valiant and dreadless hand of the Army, that probably durst, or however, could with that Authority or hopefulness of success, lift up itself to so great and honourable an attempt as this. He had need of the strength and courage of Samson, that shall take a lion by the beard. And to say to a Junto of Parliamentary Grandees, ye are wicked; requires an Army at least in the rear. 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 lawful RIGHTS and LIBERTIES of the subject, which by solemn 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 clear and solid refutation, to cast them down. That which is, or indeed can be objected against the premises is of little value, and very opportune for satisfaction. 1. The Army with their proceedings, are burdened 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 only 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 unfaithful 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 affairs. Joab 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 plain, that Joab 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 himself, and his kingdom, if this Command of his had never been obeyed, the sequel of the story sufficiently manifests. 2. Neither is all disobedience to superiors, 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 certain 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 only that which upon good grounds they judge to be just, and expedient for the weal and safety of the people under them, so that it no way follows 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, Meshach, and Abe dnego, changed the King's word, or command, b Dan. 3. 18. 28. refused to obey it, yet did not they resist his authority, or if they did, the King himself soon after blessed God for it. 3. There are many commandments of God himself though unquestionably lawful and good (for such are all his Commands) a non-performance whereof notwithstanding in some cases is very lawful, and free from offence. It was a just and righteous Command of God that Aaron and his sons only, and not strangers should eat of the holy things c Exod. 29. 32. 33. Levit. 24. 29 Mat. 12. 4. and particularly of the showbread; yet David and his men, though they were none of Aaron's Sons, in a case of necessity, eating of this bread, are acquitted by our Saviour himself, 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 himself out of the Law, pronounceth the Priests blameless, 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 universal 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 expediency whereof for public good are very dubitable, upon just occasion, and in due order to some important good, be disobeyed, not only without such height, and heinousness of guilt, as the passionate, but withal ridiculous 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 general rule but hath its exception, one or more; so there is no ordinary or standing Law, but must give place, and yield obedience to that Law, which is the Law of laws, the Law of necessity; when this speaketh, it is like a King upon his Throne, against whom there is no rising up; all other laws must keep silence before it, and bow down to it as their sovereign. It is true, this law when it speaketh, commonly troubleth the world; by turning the accustomed and settled course of things in it upside down. The voice of it sometimes is like the roaring of a lion, which maketh the beasts in the wilderness to tremble, but herein it maketh some kind of recompense, it troubleth not the world often, it but seldom interposeth, to the prejudice, or nonobservance of standing Necessity is by the Jews called lex horae 1. the law of an hour 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. laws; yea and when it doth interpose, the rule and kingdom of it soon hath an end: like to the tempestuous winds, which (as some Mariners have observed) sometimes blow upon the Coasts of the Island Brava, whose only praise it is, that they continue not above an hour, but within this time they commonly change all the points of the compass. Necessity (saith Luther) takes away and overturns all laws; yea it hath no band or tie of any Law or laws upon it. And such sayings as these. Necessity takes away the Law, Necessity brings a privilege with it, &c. are very common in the civil Law. And though the Jews, especially in their doctrinals, were very strict and rigid for the observation of their Sabbath, yet it is a known rule amongst them, that Periculum, vitae pellit Sabbathum, 1. danger of life drives away the Sabbath. But the saying of Junius a late learned Divine, is very memorable to this purpose. This (saith he) belongeth to comonn Law & equity, that unto extraordinary evils, extraordinary remedies must also be applied. It were easy to multiply both rules & examples, out of the best approved Authors, to justify the doing of many things in cases of necessity, which out of such cases are unlawful, as being contrary to ordinary laws, and standing rules. So then, the Law and Command concerning obedience to Magistrates and Rulers, being an ordinary and standing Law; it is, and aught 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 ways delinquent, though it be with disobedience to that other. Therefore it no ways follows. The Army have disobeyed the Commands of their superiors, therefore they are not censurable as evil doers. But Secondly, it is like it will here be yet further objected and said. Yea but who shall Judge of a case of necessity? if inferiors and they that are under government, and aught to obey shall be allowed to Judge, and to determine of cases of necessity, it is like, that whenever the commands of their superiors do not please them, or suit with their ends or desires they will pretend and plead Necessity in way of bar 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 parliament who is the most competent Judge, if not the only Judge of a case necessity especiallyin order to the public good and welfare of the estate and kingdom, did not apprehend any necessity at all. for the Army to deny their obedience and subjection to their ordinance and command for disbanding; and is it lawful for inferiors, and by name for the Army to oppose the judgement of the supreme judicatory of the Kingdom, espesially in a case of such a reference and import as that? To this also I answer. 1. in general. 2. in particular. First, for cases of necessity they are for the most part very easy to be judged and discerned, men's senses usually informing their understandings when they fall. When David and his men were an hungry, and saw no possibility of being supplied, or relieved otherwise (suppose them all persons of far less understanding than they were) they were and had been (ever under such a supposition) the most competent, and best qualified 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 lawful for them to do. By the way, this instance concerning David, and his men, being made a book▪ case by Christ himself, clearly proveth that extremity of hunger, is a real and authorised case of necessity; and consequently privilegeth those that are under it, whilst it continueth upon them, from subjection to such laws, which oppose the relief of it, and whereunto they are, and aught 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 from an ordinary and standing Law; much more are the like, and especially greater concernments of greater numbers of men, to pass in our judgements 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 laws 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 lawfulness of power unto mea in general, to judge of such cases of necessity, whereof they are capable by principles of common sense, and ordinary understanding. Though many are hypocrites in Religion, and profess they believe in God, when they do nothing less, yet this is no reason to interdict any man, either the trial or judging of his faith, or the profession of it. when indeed he hath it and doth believe. 3. Though men in places civil judicature and Magistracy be ordinarilyand in the general the most competent Judges of such cases of necessity which are of public Interest and concernment: yet first, considering what was said towards the beginning viz. that a gift (and consequently any thing of like influence and operation upon the heart of men▪ as vehement desires, and hopes of irregular & undue injoynments in anykind etc) 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 civil authority, yet are men of sound judgement and ofexecellent abilities to discern in many cases the dijudication of such an interest we speak of, as far more competent and proper for some private men, then for those that are above them in authority and power. When a man not suffsiently acquainted with the way. which he is to travail, shall higher, and take a guide along with him▪ who knows the way, to direct him, though in this case it be ordinarily more regular and rational, for such a man to follow his guide, and to be directed by him; yet in case his guide falls 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, Or suppose a wise and discreet woman, should join herself 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 natural order and reason, that this woman should obey and be subject to the counsels 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 wheels of this man's reason and understanding and smite him with ● frenzy or madness, in this case, it is more meet that the husband though naturally the head, should follow the council and directions of the woman, though more generally the weaker vessel, 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, {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}: (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 civil power, at first judged upright, and capable of the things appertaining to his place▪ and to the public good by those who advanced him, shall in time so far degenerate, and become unlike himself, that either by bribery, covetousness, ambition and impotency of desire of arbitrary domination, or the like, he suffers his eyes to be blinded, and loseth his habit or principle of discerning matters of public concernment: in such a case private men, yea the generality of men are more competent judges of their common concernment than 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 spiritual affairs, to seek for eyes of their own wherewith to find out themselves, and to be able to judge of the ways of life, upon a supposal that their leaders would sometimes, if not very frequently, prove blind, in which case, unless themselves had eyes to see, and should walk accordingly, they would certainly perish for ever: so is it in men's temporal and civil affairs 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 as well as the other by the blind) if the people▪ (I say) whether blind or seeing shall subject themselves without due examination and trial, 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 imminent hazard of falling into the political ditch of external 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 politic and civil concernment as in their spiritual: The bench and throne affording commonly more dust to blind men's eyes, than the chair or pulpit. But Fourthly, Suppose Rulers and Judges, should be men of integrity (for the main) yea and for wisdom and understanding in their appropriate affairs, men not much, lower than 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 material consequence both to themselves and others, yea the wisest of men have their turbidaintervalla, and now and then dead flies are found in their ointment. David was a man after God's own heart for uprightness and sincerity and had a very rich anointing also of the spirit of wisdom 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 evil tendency of which command, though himself for the present apprehended nothing of, yet was it as it seems resented by Joab a soldier and general of his Army, who contested with him a while for a reversal of it. If then Rulers and Governors though men of clearest both hearts and parts, may sometimes, through incogitancy, or weakness of judgement or by reason of some present over▪ shadowing with some corruption, temptation or the like, command such things to be done, which have a direct and clear tendency to the puplique prejudice and damage of that state and people who are subject unto them, and this discernible to private men who are standers by: ought not these men to judge, and speak what they see, and believe in these cases, yea and to charge the commandments of their Rulers, rather than to obey them both 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 only allow the generality of Christians to try, examine, and judge, of the Doctrines of their teachers, if they be able; but enjoins them (as we heard) at the peril of their souls to vest in themselves such an ability, by which they may be able so far to discern 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 fear of falling into the ditch doubtless, he alloweth (at least) the generality of men, a right and interest of judging and discerning, if they be able (and what should hinder of being able to acquire a faculty of judging temporal and civil things, when Christ himself supposeth them capable of obtaining an ability to judge of spiritual and heavenly things) the politic Doctrines. 1. the Injunctions and Commands of their civil Rulers: and if he alloweth them to judge and determine of them, whether they be truly politic, and consistant with the public good and safety, or no, certainly, he allows them withal, either to obey, or disobey according as upon good grounds, they shall judge them to be. It is like it will be here replied and demanded. Yea, but by what rule shall inferiors judge of the Commands of their superiors? Or by what Character or mark, shall such Commands which may lawfully be disobeyed, be so clearly 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 nonobedience? I answer. First, the conscience of the inferior who disobeyeth, may upon every whit as clear, and satisfactory terms, be secured, concerning the lawfulness of his nonobedience, as the conscience of the superior, concerning the lawfulness of his command. Nay, of the two, there are more snares and temptations upon the superiors to impose unrighteous Commands, than upon the inferior to miss-judge or mistake, those which are righteous for unrighteous▪ The superior is in little or no danger 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 misjudgeth any such command upon such terms, so that there is nothing so much danger, that the inferior himself should misjudge his superiors command, as that the superior himself should misjudge it, and so sin in the proposal of it. Secondly, Were it to be granted, that the inferior who is to obey runs some hazard of mistake, when ever he judgeth and concludeth any command of his superior to be unjust: yet, 1. the superior 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 inferior, be a tie or engagement upon his Conscience, to forbear any act of judgement at all about the command of the superior: the same of greater possibility or danger in the superior must oblige his Conscience also from imposing any command at all upon the inferior, 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 inferior shall run a hazard of mistake, whensoever he shall judge it righteous: it being every whit as difficult clearly 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 superior 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 be just neither: in which case all his obedience must needs be sinful, as not being performed in faith: 1. Out of a knowledge or well-grounded persuasion of the lawfulness of it. But 3. Evident it is, that in some cases there is no danger at all, no hazard run, in judging the commands of superiors, unlawful: no not when the superiors themselves shall be most confident of the lawfulness of them: Shadrach, Meshach and Abednigo ran no danger of a mistake, when they judged the command of King Nebuchad-nezar, for the worshipping of his golden image, to be unlawful and unjust: and yet the King himself (as appears by the story) yea and all his Nobles, were violently confident of the equity and justness of it. Nor did Daniel run hazard of a mistake, when he judged the command of Darius his Prince and counsellors, that no man for thirty days should ask any Petitions of any God, or man, but of the King only, to be unjust: though it is no ways like, but that at least the major part of them, judged it very reasonable and just. That mixed Assembly of Rulers and Priests (Act. 4. 5. 6.) were confident more then enough, that they did well, in commanding Peter and John, to preach no more in Christ's 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 ways follows. The Parliament itself, (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 inferior should at any time mistake, in judging some command of his superior unlawful, having conscientiously 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 less offence, much more pardonable or excusable, then either the swallowing down of all commands whatsoever from superiors without examination, and much more than his subjection to this or any other command against judgement and conscience would be: so that though a non obedience in an inferior upon such a mistake, as was now described in the command of his superior, be not simply justifiable or lawful, yet it is comparatively justifiable, being a far lesser sin, supposing the invincibleness of the error, or mistake, by ordinary means, than the contrary, yea then any other department would be mistakes upon diligence, and reasonable m●●ns conscientiously used for the prevention of them, as they are the frequent, so are they the lightest miscarryings of the Saints, and least obnoxious to the displeasure of God. 5. (And Lastly for these) There are these three characters and symptoms very incident (amongst some others) to the commands of superiors, which being found upon them, render and declare them manifestly unjust, (in which case the inferior runneth little or no hazard in judging them accordingly) First, When they are calculated and formed with a peculiar and clear antipathy to the comforts and peace of such as are religious, and withal peaceable in that way of Religion wherein they worship God. This is one character of an unjust command. It is not material in this case, whether the superiors we speak of or others void of Religion, know who are Religious 〈◊〉. That may be clear and manifest to Religious persons themselves, which is either unknown or doubtful, 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 withal lower and frown upon the ease and accommodations of the commonalty of the people under them. This is another manifest character or sign of their injustice, easy enough to be discovered. Thirdly, (and lastly,) When they have strong and pregnant conjunction, in point of conversallity, whether privative or positive, with any such design, whether real, or justly suspected, which tends either to the enslaving of the generality of the people, or to the extinguishing and defeating of their just rights and liberties; and withal, have no connexion at all, with any imaginable benefit or good, of equal consideration unto the people. This also is a pregnant character of injustice in such commands. Suppose there be no such design as we speak of really intended, as for the enslaving of a free people (or their liberties) yet if there be any strong presumption (much more i● many) that there is indeed such a design intended, so that there is a great Jealousy and fear of such a thing, generally fallen upon the people, yet in this case, for superiors, especially those who are most suspected for contrivers and drivers on of such a design, to command such a thing, which hath a palpable and notorious consistency, with such a design in case it be intended, and withal 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 unjust for these to do, whose interest of duty is, to be Nurfing Fathers unto them: and though there be no demonstrative, or logic sentence, that such or such a command as we speak of, coming from a person, one or more suspected, of the design specified; hath a real conjunction with such a real design, yet if there be a political or moral certainty, which stands in strength and pregnancy of probability and presumption, this is sufficient to clear and justify, as well the judgement, as the practice of those; who judging the said command to be unlawful and unjust, shall accordingly yield obedience to it. It is well observed by Aristotle, that a considering man ought only to require and be content with such Arguments and proofs, as the nature of the subject under consideration, whatsoever it be, will bear and admit. From mathematicians we may expect close and exact demonstrations, because the subject of this science will bear it; but from orators, or men handling political, and moral matters, we ought to be satisfied with probabilities, and topic arguments; because the nature of such subjects as these, will not admit of regular and perfect demonstrations. Suppose a person, one or more, have a real intention to destroy or enslave a nation? it is not lightly possible for any other man positively and with a Mathematical evidence, or certainty of knowledge to affirm it, until 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 belief 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 general for answer to the main objection and demand last propounded. For the particular I shall need to add little, all circumstances relating hereunto, being generally known unto this Kingdom. The command for the disbanding of the Army, being contrived and procured by, and coming from such persons (though haply in conjunction with others) who are strongly, and upon grounds well-nigh irresistible, suspected of a machievation or design destructive to the peace, lawful Rights and Liberties of the Kingdom; and moreover, the said command notoriously comporting with such a design as directly tending to break in sunder that bar of Iron which only obstructed the birth and execution of it; and yet farther, having no compliance at all with my considerable or proportionable good unto the nation: and yet more, being so exactly bent against, and leveled 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 shadow of a Rock in a weary Land. These things laid together, and duly considered cannot in the eye of any reasonable or disengaged 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 be objected, touching breach of privilege of Parliament, it is of no consideration or comparison with the objections already answered; and besides, there is abundantly sufficient in the premises, to cut the sinews of any such objection. Though privilege of Parliament, really such, and not simply but truly so called, be truly honourable and little less than the light, and life, and strength of the freedom of the nation: yea, no man as yet hath, nor whilst I live shall take away this crown from my head, of being cordially zealous in the defence and maintenance of them; yet are they not of equal consideration with the holy laws, and righteous commands of God. Therefore if these may, and aught notwithstanding the jealousy of God over them, sometimes want that obedience and subjection from men, which in ordinary cases is most due unto them, much more ought the privilege of Parliament, notwithstanding any sovereignty of great 〈◊〉 in them, how down at the fear of that sovereign and supreme Law, 〈◊〉 Solus populi, the safety of the people, which certainly is above all Parliaments and Parliament privilege whatsoever. Yea, it is a truth unquestionable, that nothing that it sinful, nothing that is inconsistent with the honour, peace, safety, just rights or liberties of the people, can for ever be, or make a privilege of Parliament. And whilst men act in a due and cl●er concurrence with this great Law, the safety of the people unpossible it is that they should entrench or make the least breach upon any privilege 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 confess) 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 premises. The God of all grace and glory, continue the Parliament in a full and peaceable enjoyment of all their privileges and honour; make straight that which is crooked, 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 minds of the sober and well-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 wheels of the Egyptians, and caused them to drive heavily: whilst they were in hot pursuit of his people Israel, direct them in all their counsels, give them a pattern from the mount, to make and form all their proceedings by; keep them in righteousness, peace, and honour, and make them an happy band in his hand to bind up a scattered and undigested Nation, which scarce knows where to find a right end of itself, into a compacted and well made up bundle of love, unity, and peace. FINIS.