THE Grand Informer.  
OR The Prerogative of Princes, privilege of Parliaments, Propriety of the subject, and Power of the Magistrate in point of Civill government fully asserted.  
BEING A clear and just Vindication of the late proceedings of the Army under the conduct and command of his Excellency Sir Thomas Fairfax: by certain Positions built upon Principles both of Religion and Reason.  1. Sam. 14.15. 
And the People said unto Saul, shall Jonathan die who hath wrought this great salvation in Israel? God forbid: as the Lord liveth, there shall not one hair of his head fall to the ground; for he hath wrought with God this day: so the People rescued Jonathan that he dyed not.  
OXFORD Printed by J. H. and H. H. and commanded to be published for the information of the oppressed Commons of England. 1647.   

THE Grand Informer.  
IT hath been as the ardent desire, so the great work and labour of some, both by discourse, preaching and writing, to render odious the late proceedings of the Army, under command of his Excellency Sir Thomas Fairfax, and by misrepresentations both of their intentions and actions, to undermine the credit and honourable respect which they( through the good hand of God upon them) had purchased in the minds of men, by their former unwearied pains, great hazards, faithful deportment, honourable and valiant achievements; through the blessing whereof the Nation began to return again to her rest.  
But to the end that no man might take from them, that crown of honour which God hath set upon their heads, they not having made forfeiture thereof; and to the end 〈◇〉 no ma●● confidence concerning their integrity might be shaken, by the cunning ●●●●●tions, envious, and malicious ca●●●●lado●s of malevolent men: and to the end also that mens thoughts might stand right touching the proper power of the Magistrate-●d the liberty and privilege of the People, and that men might not( through mistake) cause these to fall foul upon each other, which God hath appointed mutually to ●●port each other, therefore I have for the present briefly laid down some few positions, which I hope will be found serviceable, as to all the fore mentioned ends, so especially in clearing the innocency of the Army, in their late transactions.  
These Positions are as follows.  

1. Position.  
That the end and true intent of civill government in Nations and kingdoms, is the safety and prosperity of the People therein.  

The Demonstration.  
The great God of all the world being goodness itself; the proper issuings, and ●●●ngs ●orth of this nature of his upon the world: as in other Providenciall administrations, so in his counce●● and constitutions, for the ordering and governing the 〈◇〉 of the Earth are all ca●●●●tred and ea●t for the benefit and accommodation of the children of men. It being more natural to God the supre●me good, to 〈◇〉 ●od unto the world, then it is for the sun to shine upon it. Therefore as all 〈…〉, Stat●●es and 〈◇〉, Institutions and Ordinances, which God o in general given ●●to 〈◇〉, are in the intentions of him their Author, and in 〈…〉 nature of that 〈◇〉 and ten●●●●● as that the face of them is set to pro●●● the peace and 〈◇〉 of the So●●es of men( Deut, 10.13. To keep the ●●●●●●dements of the ●ord, and his statues which I command thee this day for thy ●●od) so also 〈◇〉 particular ordinance of God( as it is called by the Apostle) of 〈◇〉, governments, and ●●gistracy, is of the 〈◇〉 temper, be●res the same demop●●● and 〈◇〉 with the same 〈◇〉 viz. The good of men Rom. 13.4 for ●●e( 〈…〉) is the 〈◇〉 of God to that 〈◇〉 good.  
〈◇〉 which 〈…〉 of that 〈◇〉 Law, or institution of God, the Sabbath, is true concerning all the commands or institution of God 〈◇〉 ●●●quently of this touching Magistracy, The passage is this 〈…〉 made for man, and not man for the sabbath. First, man was not creamed to 〈◇〉 date the sabbath, but contrarily the sabbath was instituted by God, for the sake and accommodation of man: even so men, that is, the generality of the people of a Nation, are not made for Magistracy and Magistracies, viz. for their sake, and accommodate them( unless it be understood in a relative and subo●d ●●te●sence, a●● so far as th●● rule of equity extends, That he that seed● a ●tocke, cares of the ●●ilke thereof. 1, Cor. 9.7. But both government and governours are made and appointed of God, 〈◇〉 the benefit and service of men, and are subjcteed to their good, by the will 〈◇〉 appointment of God.   

The Application.  
1. Then Princes have no prerogatives, nor Parliaments, any privileges, 〈◇〉 as are consistant with, and no way prejudicial to the common good of ●en; 〈◇〉 the power derived on the one, or upon the other, is wholly in relation to, 〈◇〉 improved for the common good of the Nation, and therefore not at all 〈…〉 or detriment of it.  
2. Then the present proceedings of the Army under the command of 〈◇〉 Excellency Sir Thomas Fairfax, that worthy general, are not and 〈◇〉 the utmost they lift up their hand or desire unto( so far as is visible) is the 〈…〉 crooked things strait, the removing obstructions of justice, the taking o●● of 〈◇〉 the cle●ring of all mens interests, and the cutting of each man into a 〈…〉 of that which is properly his. Which undertaking of theirs, 〈◇〉 a sweet 〈…〉 compliance with the proper business of the Magistrate, which is the 〈◇〉 common freedom, Justice and Peace; and if they move towards the 〈…〉 which the Parliament of its own accord should aim, and put their hand to 〈…〉 work and service, they cannot be looked upon in these their proceeding 〈◇〉 ●●●sers, but as promoters of the just proceedings of Parliament, according to the 〈◇〉 saying in the lips of our Saviour, mark 9.40. He that is not against 〈◇〉 is on our part.    

The second Position.  
That the safety and prosperity of the People is the Supre●e Law.  

The Demonstration.  
If government and governors are subordinately appointed by God for the 〈◇〉 welfare of men, which is the assertion of the former position; then 〈…〉 safety and prosperity of the People, are things superior to governments 〈…〉 themselves, and more inviolably to be observed then the ins●●ctions of 〈…〉 authority, whatsoever: answerable hereunto is the known principle( 〈…〉 prema lex) The safety of the People is the supreme law; and may be 〈…〉 and made good by the agreement it hath with that maxim in reason, viz. The 〈◇〉 more excellent then the means, for means still take place for the 〈…〉 subserviant thereunto: The glory of God being the 〈…〉 things were made, is therefore more sacred, and of greater 〈…〉 whole creation itself; and sooner shall all things be 〈◇〉 to nothing, 〈…〉 minished; and therefore evident it is, that the end doth command 〈…〉 means, and not contrarily the means the end.  
But now Ordinances of rule and government, and government 〈…〉 the me●●es, and the safety and prosperity of the People is the 〈◇〉 of 〈…〉 was proved in the former Position. And therefore the safety of the People 〈◇〉 〈…〉 highest authority ●●●ed in Magistrates, and is to command and govern the 〈◇〉 in 〈◇〉 several actings and motions; and not only it, but who, or whatever is 〈…〉 thereunto.   

The Application.  
It was upon this ground the Parliament first invited the people to take up the ●●ord to assert and vindicate the undoubted rights & immunities of all the free-born people of England against all usurpations and oppositions of men whatsoever, as appears by many expressions of theirs to this purpose. And the army in obedience to the said supre●● law, continues still to hold up the same Sword, until the great ●nd be obtained for which it was first handled. And as the sword was not taken up only or chiefly for the sake of those who were chosen into place of authority and rule, but for the sake of the whole nation, whom by if they were to defend: so neither is it to be l●id down again meetly or only upon the command, or for the sake or pleasure of any 〈◇〉 sort or ●anke of men, but when the great occasions and necessities of the nations will ●●mie: it was common safety called for it, and when common safety hath 〈◇〉 ●re 〈◇〉 of it, it is not to be 〈◇〉 in vain.    

3. Proposition.  
When the supr●●● Magistrates or higher powers, do not answer the trust reposed in them, providing for public peace, then those that are subordinate are to undertake it.  

The Demonstration.  
If the higher 〈◇〉( whose duty 〈◇〉 is to led the way, and to be first in all honourable actions and administrations, ●elating to the peace and safety of the Common●●●l●h) shall degenerate from being lovers of the people, and shall become their 〈◇〉 and in stead of saving them out of the hands of their oppressors shall become oppresors of them themselves; thereby rendering themselves( at least to such a degree) unserviceable to the Common wealth and unuseful as unto the end of their calling, I say in such cases, the exigency of the Common-wealth, the law of nature, and the s●●●●●● law, which is the safety of the people, impose an obligation upon subordinate powers, and men in commission, to interpose their power and authority, between the ●●●●itall powers of oppressors, and the people oppressed by them, and to res●●●e and deliver them our of the hands of those that spoil them, and serve themselves of 〈◇〉.  
The reason hereof is, because subordinate powers receive not their authority from those that are superior, to the end that they might minister unto them, or serve them 〈◇〉 then they se●●e the Common wealth: But the formal and precise consideration if and for which subordinate as well as superior powers or Magistrates receive authority amongst men; is the execution of justice, and preservation of Common peace: 〈…〉 they such men 〈…〉 with power and authority in a common-wealth, 〈…〉 subordinate 〈…〉 the great end of all magistracy, and Magistra●i●●● power 〈◇〉 the safety and prosperity of the people, they are, in obedience to the 〈◇〉 law, and in relation to the proper end of their calling, to improve all the 〈◇〉 they have received to s●●t●e the peace and safety of the people, upon arm 〈◇〉.  
It is 〈◇〉 indeed, if all motions, actions and administrations of subordinate powers, 〈…〉 ●●me Magistrates, 〈◇〉 〈…〉 the greater; then indeed when 〈…〉 to common good, the inferio●● must do so too: Or in case the supre●● shall all or move 〈◇〉 the 〈…〉 subordinate must do so likewise: But now, though supre●●● 〈…〉 methods sake, have power of sending and granting Commissions to others 〈◇〉 ●●●●ty under them( though for the most part( as in our Land) the people have, a● the right, so the liberty of election) yet still such Commissions are in reaction to 〈◇〉 justice and safety( for other authority then such there is none.) All lawful authority 〈◇〉 whomsoever placed, is founded upon principles of common 〈◇〉, and tend to ●●●mon good: So that subordinate Officers in a state, are not ●●●e●ly to mind and 〈◇〉 the hand that brought them their Commission, or what the mind or desire of 〈◇〉 from whom they received it, but are to be intent upon the reasons and grounded 〈◇〉 employment, and the true end of their calling, which is common safety and 〈◇〉 their course according to the occasions and necessities of that, either in ex●●●●ng 〈◇〉 contracting their actions or motions.  
All power and all authority poceeds from God. The powers that be 〈…〉 God as the Apostles speaks, Rom. 13.1. And those that are inferior 〈…〉 Magistrates receive their power from God as well as those that are superior( though perhaps not altogether so immediately) and the peace and safety of the common-wealth is by God committed in trust both to the one and to the other, even 〈◇〉 all that are 〈◇〉 authority: And if superior Magistrates which have a greater 〈◇〉 upon the 〈◇〉 of kingdoms betray their trust, and expose that to hazard and ruin, which they should have studied the peace of withall their ●ight; yet this is no dispensation to inferior powers or governours to abate ought of their 〈◇〉 or 〈…〉 the peace of that common wealth, which the other would throw 〈…〉 from God, who hath entrusted them to stretch out the hand of their power 〈◇〉 acts for the safety of a Nation, as unto which they did never 〈◇〉 it up 〈…〉 proceeding is most agreeable to principles of reason, and common se●●●, by 〈◇〉 men are acted in other cases, which though somewhat 〈◇〉 from, yet not ●●●●ther unlike to this.  
A general or chief Commander in an Army, if when engaged against 〈…〉 shall either make himself unserviceable to those under his command through ●●●●●ry, or be made unuseful to them by some mishap; in such a case the Army 〈◇〉 be trampled upon by the enemy, as wanting the conduct of a chief Commander, 〈◇〉 in such a case, one or more subordinate Officers are to supply the room and pl●●●● such a Commander, for the preservation of themselves, and 〈…〉 enemies.  
And if the right hand of a man, or any principal member of 〈◇〉 body, by 〈…〉 made useless to the body, as touching its proper s●●ction, in 〈…〉 hand, or any other member is still went, according to 〈…〉 necessities of the body, in stead of the deficient member, It 〈…〉 principles f common fence, to suffer the 〈…〉 natural, so of the body po●itique, though one or more 〈…〉 corrupted, if it may be by any means prevented.  
again in a great house where there are 〈…〉 each having their proper and distinct employments assigned them; why 〈…〉 servant of an inferior rank or degree, 〈…〉 him that is superior to him, as touching 〈…〉 shall in love to the prosperity of the 〈…〉 〈◇〉 wanting in his fellow servant, in 〈…〉 〈◇〉 of the household; would we blame such a servant as unfaithful and factious? I my not; Now all Magistrates and men in authority in a nation, whether high or low, are Ministers or servants to the Common-wealth: And in case those that are superior Ministers of seat shall neglect their duty and business to the great prejudice of the Common-wealth; and others serving the seat in a rank or degree beneath them, observing the same, shall in love and faithfulness to the Common-wealth, step in and supply that which is wanting in the former, as to the service of the re-publique, who are they that will complain of such servants? or of such service? Except such who are enemies to the seat, and the prosperous condition of it, or such who have a mind to complain of ease.  
Neither is that which is contained in this position any new doctrine, but the very 〈◇〉 which hath long since found entertainment in the minds and judgements of men is great repute for wisdom and learning in the Churches of God. Peter Martyr upon these words, Rom. 13.3. For Rulers are not a terror to good works, but to the evil, hath this saying. Howbeit I speak not this, that I think that superior powers cannot be put down by inferior Magistrates, or that they cannot be constrained to do their duty, of those which are appointed either keepers, or authors, or electors of Princes, if they transgress the ends of the power which they have received: As at times past at Rome, the Senate and people of Rome were wont to do, and at this day in Germany, the Electors of the Empire use sometimes 10 do.  
And Calvin thus, in his institutions, Lib. 4. cap. 20. Sect. 31. For if there be at this time any Magistrate for the behalf of the people( such as in time were the Ephori that were let against the Kings of Lacedunonia, or the Tribunes of the people against the Roman consuls, or the Demarchi against the Senate of Athens: And the 〈◇〉 power also which peradventure as things are now, the three estates have in every realm, when they held their principal Assemblies. I do so, not forbid them according to their office to withstand the outrageous licentiousness of Kings, that I affirm th●● if they wink at Kings wilfully raging over, and treading down the poor Common●●y, their dis●embling is not without wicked breach of faith; because they deceifully betray the liberty of the people, whereof they know themselves to be appointed protectors by the Ordinance of God.   

The Application.  
From what hath been argued in the premises, it follows, that if the common 〈◇〉 ●●●●●ble cry of the people of this land be true,( viz.) That through the unfaithfuleness and deceit of a prevailing party in places of authority, the course of justice in Parliament hath been obstructed, to the increase and multiplication of intolerable 〈◇〉 throughout the land, in so much that men began to despair of remedy, exc●●● those whom God had already honoured with many great a●chievements for the de●●●ance of the nation should yet stand up farther to pled the cause of the oppressed against the unrighteousness of men: I say from the premises it follows, that the Army ●●●said being wested with power, and having Commission to pursue the public 〈◇〉 of the Kingdom, and an appor●unity to vindicate those rights and immunities 〈◇〉 that were invaded, have done nothing, nor are about to do any thing so far 〈…〉 ●●●●●sied their intentions, but that which is honourable in them, and ap●●●ble in the sight of God and men, and for which the whole Nation may as one 〈…〉 it doth a great part) rise up 〈◇〉 call them ●●●ied.    

4. Position.  
When Magistrates shall under colour of that authority, which they are 〈…〉 said of for the good of men, do or command things to be done 〈…〉 authority, and which are of an open and manifest tendency to public 〈◇〉 people themselves not onely stand clear of any engagement thereby, of 〈…〉 thereto, or of being aiding or assisting therein; but they also both may and 〈…〉 endeavour the prevention of such mischief, when and so far as they have an opp●●●●nity so to do.  

The Demonstration.  
Such actions and injunctions of men in authority, which are inconsistent with common freedom of mens persons and estates: or which do necessary and app●●antly tend to enslave them, or infringe their just liberties, are not binding to the people, neither are they engaged thereby to be any way aiding or assisting in the carrying o● or execution of them; and the reason is because such injunctions and actions, though proceeding from men in place of lawful authority, are not in themselves authoritative, or issues of any lawful power; but the product of their private and corrupt will, which can in no constitution, be obliging to the People, for God hath not confe●●ed any power or authority upon any whatsoever to wrong or oppress my man, much less the generality of men in a kingdom, for that is a thing his soul abhors, and the people themselves that have chosen them into place of authority and rule, could not 〈◇〉 upon them, or invest them with any such power or authority neither, for they themselves have received no such power from God, the fountain of justice, and that which they have not first received themselves they cannot confer upon others.  
And therefore all such injunctions of men in places of power, which beat the stamp of their authority upon them, and yet carry in the bowels of 〈◇〉 and prejudice to the commonalty, do proceed both from the private and per●●●● wills of such men, as men, considered distinctly and apart from the public, will and pleasure of the kingdom, wherewith they are in●●●ted; so far as the first 〈◇〉 extends: and all such precepts are but the counterfeits of just authority, and 〈…〉 more oblige the People then a counterfeit Commission would do; neither 〈…〉 submission in the people unto such injunction, all that is required at their 〈…〉 they ought to contribute their endeavours towards the preventing of what evil and mischief appears in the face of such injunctions or actions, when and so often as they have any opportunity so to do; for that Law of nature and common prudence, which enjoins every man to preserve himself, and to seek his own good; doth 〈…〉 also to oppose and withstand by way of defence all attempts and practices of 〈…〉 tend to make a breach thereupon; if a thief assault an honest man to rob 〈…〉 that man have power and opportunity to rid himself out of his hands, 〈…〉 serve his goods, surely he is not worthy the name of a man, much less of a 〈◇〉 that would not do it: and what if Magistrates themselves should become 〈…〉 thieves, as the Scripture speaks, Isay. 1.23. and should offer the 〈…〉 to honest men which common Robbers use to do, should that face of 〈…〉 hear as Magistrates bind the hands of honest men from de●ending themselves 〈◇〉 them? And truly if their authority may not bear them out 〈◇〉 one act 〈…〉 neither ought it to do it in another. Authority when 〈…〉 of unrighteousness, is a greater agravation of 〈…〉 God to be a protection to them.  
Moreover, that Law that obliges every Commoners according to his ability, and ●●po●●●ity to seek the good of that politieke body of which his is a member, doth also enjoin him to the same degree, and in like manner to endeavour the prevention of any evil intended or attempted against the same by whomsoever.   

The Application.  
Therefore the Army having done so much as they have done towards the breaking of the yoke of tyranny from of the neck of the Nation, and yet finding missery, ●lavery, and oppression, coming like an armed man, both upon themselves and the kingdom, through the operation of much power and malice in conjunction in is faction of men, who have been able to trouble the fountain, and to cause the streams thereof to run muddy, and to cause that hand to wound, which was formerly on purpose to heal: I say this Army having so much interest in the peace of the Nation, and such an opportunity left in their hands of giving check to that insolency, rage, and those unworthy ends of some from whence the grievances of the kingdom did flow, have done wisely and worthily, and like men of entire love and perfect fidelity to their Country, in standing up to desire, and make terms of justice, equity and security, both for themselves and the Nation.    

The Fifth Position.  
That the ordinary common and standing laws, and usual methods of proceedings in a Nation, appointed and concluded in ordinary and common cases, for government and security, may in cases extraordinary be declined, and extraordinary means and wa●es made use of in their stead, for the preservation of public peace and freedom.  

The Demonstration.  
If the supreme law, which is the safety of the People, be that which all sorts of men, both of high degree and low, both governours and governed, must principally ●●d ultimately mind and observe in all transactions of a public nature( a thing which is one of the axeltrees( upon which the wheel of this discourse turns) then at such times, and in such cases, when a punctual observation of the letter of the ordinary and ●●own laws of a Land, or the wonted method of proceeding in state affairs, or the temporary commands or decrees of supreme Magistrates, either fall short of, prove insufficient as to provide for and secure the public peace thereof; or else in case the principal Officers of a State are abused by mis-information, and are thereby instigated and provoked to issue out orders in gratification of a particular faction in a state, dri●ing on a particular design of private interest apparently prejudicial to the public, I say then, and in such extraordinary cases, ordinary and common rules of proceeding 〈◇〉 a state or kingdom, may be laid aside, and such extraordinary made use of in their ●●ead, as hold a nearer and more certain and immediate connexion, with the common end of all laws and governments, viz. common safety, just liberty, and equitable propriety; for this now is a received and undoubted maxim, that when two laws 〈◇〉 commands come in competition( though both good in their kind) the lesser is all ●ales to give place to the greater: The moral Law of God, as wee call it, and that which wee call ceremonial, were both good in their kind, and inviolably to be observed by the Jews: and yet when these two came in competition about one and the 〈◇〉 act; that still carried it which had a more near and present relation and con●ex●on with the good and present necessities of men, as best answering the end of those as of all other laws: Two or three instances, whereof we have recited by our 〈◇〉 Mat. 17.3, 4, ●. 7, in justification of an action of his Disciples, censured by 〈◇〉 Ph●●●es, as in transgression of the laws of God: the case was this: The Disciples being hungry, and wanting other provisions, gathered cares of corn on the Sabbath day, a thing which perhaps according to the 〈◇〉 of the 〈…〉 ●●●●●sation of God, under which they then were, would be really a transgression of that 〈…〉 of the sabbath, if that circumstance of present necessity had been wanting, 〈…〉 much as the sabbath was made by God not to across, but to accomplish man good, 〈◇〉 to serve his necessities( as our Saviour argues it in that saying of his; The sabbath was made for man, and not man for the sabbath; That therefore that law of the sabbath was not broken by them as touching the end and scope of it; though perhaps 〈◇〉 touching the letter of it, it might seem so to be: now those instances of our Saviours to vindicate this act of theirs, a●e of the same nature with it, as evidently appears by the bare reading of the words, ver. 3, 4, 5. Have you not red what David did when he was an hungered, and they that were with him; how he entered into the House of God, and did eat the show bread, which was not lawful for him to eat, neither for them which were with him, but only for the Priests: Or have ye not red in the 〈◇〉, how that on the sabbath daies, the Priests in the Temple profane the sabbath; and are blameless; and concludes ver. 7. that if they had but understood that saying of God in Hosea 6. 6. I will, or I desire mercy, and not sacrifice, they would not have judged as they did in condemning the guiltless.  
Why now then if this be the mind and good pleasure of God concerning man, that rather then he should suffer in his necessary comforts( at such time and in such case, when God hath no need of such sufferings from his creature, for the vindication of any t●●●h of his) he will dispense with his own commands, so far as the utterall observation of them, seems to across the general end and scope of them, which is the benefit of men: Then certainly Gods vicegerents on earth, who are to judge as he judges and to make his mind the rule of their proceedings; have no reason to expes● or to exact from those under them, a more formal and precise observation of their command, then God doth of his: And therefore when the ordinary and known L●●● of a kingdom, or the usual directions and commands of supreme Magistrates, 〈◇〉 not the true end of laws and government, which is as oft hath been said, the 〈◇〉 of the people; or do in the Letter of them really across the same: if then such other men whom it concerns also to take care and provide for public peace, discerning other ways and method of means, in prosecution whereof they are upon rational grounds likely to gain that great and de●●rable end of all instruments and agents 〈◇〉 government, as is before specified: in such cases they not only may, but in Law 〈◇〉 duty to their Country and the prosperity thereof, are bound to follow the 〈…〉 Gods providence, guiding them to dig in that field of means, where the ●easure they seek for, which is the peace of the Nation, is to be found. For when the sup●●●● saw, and other subordinate laws of men come in competition, the ducture of the ●●preame law is still to be followed, according to the rule before recited.  
It is a true and safe rule to walk in the observation, as well as in the interpretation of Lawer, viz. That the scope, intent, and spirit of the Law is more the Law the● the letter of it. And therefore because the letter of the Stature laws of our Land, in many particular cases fals short of that equity and ease, which the law-makers by their should seek to establish: There is a court of Chancery, or equity provided by way of supply, which is as it were for the correction of the harshness of the letter of ot●●● sixed and ●●owne laws.  
So that if then any number of men furnished with any considerable power, and standing under any visible call to help and relieve a Nation in extraordinary ca●●●, wherein neither standing laws, nor law-makers, hath made ●●●●●cient p●●vis●o● for the ●●●●●tion of common pe●ce, and the fo●mity of honest men shall stee●e a cour●● di●●●●ent from common rules in ordinary cases, provided it be in a direct subordination, and proper relation to the end of all la●es, the safety of the people, which is the sovereign and supreme law, I say in su●h cases they are not to be looked upon as transgressors or dis●●●ers of law or lawful authority, but as upright and faithful asserters of 〈◇〉, because they do not across but accomplish the true end of it, which is indeed th● power and strength of it.   

The Application.  
Therefore if the Army in the carrying on the great work for which they were raised; have been necessi●●ted to brea● over the ordinary and common bounds of known lawe, and now at last to refus●●● disband, though commanded thereunto, but yet all in relation to the security of the Nation, and to the end that all men might reap the fruit and benefit of laws, and to stop the current of A●bitary exorbitances, they may not, they ought not to be reputed destroyers of laws, nor men disobedient to lawful authority, but do worthily deserve the name and renown of the repairers of breaches, and restorers of paths to dwell in; of men that have put their hands to the plow of the Common-wealth, and have not looked back, for though they have exchanged ordinary and common means, as being too low, too weak and too short for those that as extraordinary, & which are more amply & fully proportionated, to the end of their first undertaking, the peace and safety of the Nation: yet they faithfully have, and y●● do prosecute the same great end, which is the aim and desire of all good Common-wealths men, and for which all just laws, and lawful authority were first erected by God amongst men.    

6. Position.  
That the people of a land, are not so concluded by the votes and determinations of those that have a legislative power, but that they have a liberty of examining and trying the equity and justnest of them, and of dissenting therein upon grounds of non-satisfaction.  

The demonstration.  
Fi●st, Blind obedience is 〈◇〉 wise commendable in, or becoming men: for man is a ●●●ionall creature, and while he observes the laws and principles of his being, he ●●●ess not but in relation to some end; and the exercise of a mans rational faculty in 〈◇〉 improvement thereof, consists especially in those two things,( viz.) in the election of his end, and the choice of proper and proportionable means that will reach the ends now the common end● at which both Magistrates and people in a land ought to ●ime, and to which to proportion their public actions, is the common good and 〈◇〉 of their nation, and he common people, so far as they act or move towards this end, are not therein to be like beasts which are led and guided by the hand of their rider without knowledge or consideration of the place to which they go; but like ●●●●cting and moving upon rational grounds, as wrighing and considering whether their actions are of a proper tendency to the public end they have in their eye, the wisdom of the prudent, saith Solomon, is to understand his way, Prov. 14.8. That is, to know and understand upon grounds of reason, that the course he steers, the m●●ner he makes use of and the actions wherein he engageth, do all led and propend to, and not th●●●t his end.  
But impossible it is that the people of a nation should thus act like men in executing the commands of their rulers, unless they first examine and try them, and weigh the actions in which they are required to engage, as whether they are not pointed and postured against or beside the end proposed, or whether they hold a due proportion therewith. And upon examination and trial the people are to execute, or decline the execution of their commands according as they find them consonant or dis●●●●● to the common and public end.  
And truly men may with as much face of reason expect that the common people of a land should cease to be men, and like nabuchadnezzar, should go and eat grass with the beast of the field, as to expect that they should be moved, and carried hither on thither to do this and that by command of their Governours, before they do first sit in judgement in their own thoughts about or concerning the things to be done; as whether they relate to, or rise up against the common interest of the nation, which is the price for which every inhabitant is to run.  
Secondly, Either the people of a land are concluded by the votes and determinations of those in authority, as touching what they are to do for the public safety, or they are not, if they be concluded, then those in authority are either infallible in their judgements and decrees, as touching their fitness to the end to which they ought to relate, or else that they be not, then the people of a nation may be necessary engaged to act towards their own ruin, and to the ruin of their nation, either of which to assert is most absurd.  
For that men in authority are subject to err in their public administrations, or to miss either the end at which they ought to aim, or else if not, that yet in the choice of suitable means, is a thing unto the truth hereof both holy and human history. Together with the experience of this present age will abundantly witness, and that if the people of a nation were peremptorily concluded and bound up by what the higher powers decree to be done in order to the government of it, and to submit to and act in the accomplishment of such decrees, as oft as they are thereunto required by those powers, should they not, at least be many times engaged to be active in and accessary to their own ruin, and the desolation of their nation, the which to be, how contrary, it is both to the law and light of nature, and the sovereign and supreme law of Nations, and kingdoms, is a thing obvious to every mans apprehension.  
But if the commonalty be not always absolutely concluded by the orders, decrees and determinations of the higher powers, as is most certain they are not for the reason before expressed; why then evident it is, that there is always reserved and left unto the people a twofold liberty; 1. A liberty of weighing, trying, examining and judging by common rules of equity and reason, all such orders or decrees as are is●●ed out by the higher powers; as namely, whether the nature and unsteady of them be to promote the common interest of the kingdom, the adequate end of all just decrees, or whether some particular mens private interest, that is inconsistent with co●●●●● good. And then 2. a liberty of non submission unto such orders or decrees, and a liberty of endeavouring so far as there is opportunity to prevent the evil and mischief of them, in case such men upon a serious and judicious debate of the matter in their own thoughts, are able to discover upon sober and rational grounds, that the ●ace 〈◇〉 them is set against the common good of the nation.  
But if it be said, that the people are subject to err in their judgements, and ap●rehensions concerning the proceedings of the higher Powers, as well as they themselves are subject to err in their proceedings; and then whether is it most meet and reasonable, that the judgement of the people, or the judgement of men in authority should take place?  
To this I answer.  
First, That things of common equity, and which are of public concernment for good, do not lie at any such great distance from the apprehensions of most men, but that they may be felt and handled as it were by them: For who knows not, that for every man to enjoy and securely possess his own right is good? And who knows not but that every one that would detain from, or dispose him of it; should therefore be punished? And who knows not that the ear of the Magistrate should always be open to receive the complaints of, and his hand ready to relieve the oppressed and grieved; and that without any tedious delays or vexatious attendance; and much more without any reprehention or censure for so doing? And who knows not, but that those that have taken extraordinary pains, and run extraordinary hazards in the public service of the kingdom, should, receive a thankful acknowledgement and a considerable recompense and reward from the kingdom, by the hands of them who are set for the praise of them that do well. And who knows not that the cherishing and encouraging of such men, will be an incentive to others for the future in like cases of extremity, to become alike serviceable to the Common-wealth. And that a contra●y carriage toward such is as the plucking down of the hedge of a nation? And who knows not but that the provoking of such, who under God, have served a nation itself?, who knows not but that it will be an imprudent, unmanly, and unmerciful act in men, who having swords in their hands, would lay them down for o●hers to take up, whom they know would make no other use of them then to destroy them and other honest men? And who knows not that all such decrees; orders, & votes of the higher powers, as that contribute any thing to the inconveniencing of an nation in any of the forementioned particulars, or in others like them, have no faire consistancie with the ends of those powers; and therefore as touching such things as are to be dis●emed by their own light, and which are the subject of every mans thoughts or apprehension, there needs no dispute to arise; or question to be made about truth of judgement concerning them, if any man should deny that the Sun shines when indeed it doth, or that twice two makes four, where such a negation, worthy a mans consideration, or would it at all weaken the credit and authority of his saying, who affirms the contrary. And doubtless if in matters of common cognizance, and vulgar observation, the Magistrate shall do things contrary to his trust, and the end of his calling, it will be but vain dallying in men, in case they should go about to cover the same by saying who are fit to be judges of the proceedings of Magistrates, but Magistrates themselves, and why may not those that complain of them, being ignorant of the mysteries of state, be mistaken in their thoughts concerning them? for if such sayings as these in such cases were to be regarded, and that those that do oppress shall have the s●le power of determining what is oppression and what not, it will then follow that all the people of a nation must be absolute slaves, if their Governours have a mind to make them so.  
2. When the generality of the people in a nation are of one mind and sense, and lift up their voice together, by way of complaint, concerning the proceedings of their rulers, it is a shrewd sign there is too much truth in such a politic report, for in such cases that saying, Vox populi, Vox Dei, the voice of the people is the voice of God, is not lightly to be passed over.  
3. There is not the like temptation lies upon the people of judging unrighteously concerning the proceedings of Magistrates, as there is upon Magistrates to do unrighteously in their proceedings, because the complaints of people against those Magigistrates, where there is no cause, may very possibly draw his correcting hand upon their heads, but is no ways likely to prove any matter of gain or advantage to 〈◇〉, And certainly it is more then an ordinary strain of unworthiness in men, that 〈◇〉 them to lie for nothing But now men in authority have opportunity in their 〈◇〉 if their hearts will but serve them, to make use of it, to advantage themselves, and to convert that power which is committed to them for public good, to private int●●●●● A sin which in most ages of the world hath been too common among Rulers. 〈◇〉 know that by how much less men are personally concerned in things they attest, by so much the greater probability there is of the truth of their testimony, and therefore when Mag●●●●tes shall insist upon their justification, and the generality of the people in●●t on their compla●●ts, it may well incline an ingenious mind to adhere to the peoples complaint●, as the ●ruest report.  
If it be further laid, that if this door of liberty be opened for the common people of a nation, to sit in judgement in their own thoughts upon the proceedings of their governours; is their not withall a flood-gate opened unto faction, rebellion, and sedition to over-flow the land.  
To which answer these three things. 1. That if men in authority demean themselves so in their places, and in the exercise and execution of their power, that righteousness run down from them like a stream, and that their administrations be such as proclaim love, good will, and faithfulness in them, to their country, as it is very 〈◇〉 to see such Magistrates disquietied in their seats of justice, so they shall not need to fear how na●ed, bare, and ma● fest their proceedings be to all eyes, not how much they are looked into and examin●●( He that doth truth cometh to the light, that his deeds may be made manifest that they are wrought in God, John 3.21.) for in such ●●ses the more they are known. the less they will be mistrusted. And it is not: the ●●●●ledge of the well doing of such men who are in authority, that is wont to cause dis●●●tents and sidings in a nation( For if ye be followers of that which is good, who 〈◇〉 will harm you, as saith the Apostle, 1 Peter 3.13.) But it is the observation and s●●●● of the evil, and unjust proceedings of such men, to the oppression and grief of the●● breth●en, that gives being unto such commotions.  
And therefore secondly I answer, that the shutting of this doo●e of just liberty a● against the people, and keeping them in deceivableness, and expecting from them a blind obedience, grounded only upon an implicit saith, is a principal, cause of a 〈◇〉 at least of those evils which many times are as a moth unto a nation, the pro●●th is, tha● it is opportunity that makes a thief, and it is as true, that it i● 〈◇〉 makes an unjust ruler; for doubtless if men did not so ●otally, resign themselves and their affaire●( as generally they do) into the hands of their rulers and did not 〈…〉( as for the most part men have been taught to do) in what their. 〈◇〉 without inquiring into the reasons and grounds of their proceedings, 〈…〉 what relation they have to common good, men in authority would not take 〈◇〉, confidence and boldness unto themselves as many times they do● to 〈…〉 upon the people, and to ride them out of breath. It is because they 〈…〉 themselves like bruit beast that are made to be taken, a● the 〈…〉 that encourageth them to become as a snare unto Mispa●●, and as 〈…〉 as they were, Hos. 5. E. It is the unmanliness, supine 〈…〉 of the people, that tempts those in authority over them to abuse them. Hos. 〈…〉 phraim is oppressed and broken in judgement because and willingly, walled after 〈◇〉 comma●dement Because Ephraim readily yielded obedience to what e●es 〈◇〉 dement came from his Rulers; swallowed down all without ch●wi●● 〈…〉 without c●●●ming, therefore his r●lers were ●●bold●ed to serve themselves of him, they oppressed, and even broke him to pieces when they sate in judgement.  
Therefore manifest it is, that the liberty before as●erted in the right use of it, doth not at all tend to engender, but to prevent those sad inconveniences laid in the objection.  
But thirdly and lastly, I answer that if it were granted that wicked and dissolute men ●●y abuse such a liberty which( as the position asserts) belongs unto the people, to such a degree as is mentioned in the objection( as it is possible that their may be a spirit of such wickedness in men, though it's no way probable that such bad fruits should grow on so good a three) yet then the objection may be retorted, and so the exception stands more strongly against that absolute unquestionable, and unexaminable power in the Magistrate, which the objection labours to settle upon him by endeavouring to soil the argument, which doth oppose it; then the objection itself doth against the liberty of the People: For if the People may not have liberty to weigh the proceedings of men in greatest authority over them, in the balance of equity and reason, and to dissent from them therein, in case they be found to light; and all upon this ground, viz, because men under colour and pretence of a rational dissenting from the Magistrate in his proceedings, may without any just reason or cause at all grow factious, and raise parties in a state against the Magistrate and his just and lawful administration: then neither is it in anywise meet that any men in authority whatsoever, should have any such unlimmited power put into their hands, as to order and decree what they will, and to do what they please in managing the affairs of a common-wealth without being accountable unto any: because there is much more danger of their abusing such a power to oppress the People, then there is of the Peoples abusing their honest and just liberty to rebellion and faction: for it cannot be de●yed but that Magistrates are men subject to like infirmities, to like enormities, and to like temptations with other men: Neither can it be denied upon any colourable pretence, but that they may( de facto) exceed their due bounds: Mow as for the People, they ●a●●ot rise up unjustly against, or provoke the Magistrate, Prov. 20.2. but they sin against their own souls, or lives, as Solomon speaks, in as much as they run a desperate hazard of them thereby; but the Magistrate( upon supposition that he is unaccountable to man) runs no such hazard of his life by doing unjustly; and therefore be having more opportunity and greater temptations upon him, and having the same principles of frailty as other men have, rendering him obnoxious to corruption, is therefore more likely to miscarry in abusing of his power, then the People are in abusing their liberty. And therefore as I say the objection being retorted, is of far greater force against the power implicitly contended for in the objection, then the objection itself is against the liberty of the People. asserted in the Position.   

The Application.  
If the People of a Nation have liberty of trying the conclusions of State, and of disserting therein upon due grounds of non satisfaction; then the Army de●●●ring upon some Votes of Parliament, and suspending the execution of them, are not thereupon forthwith to be censured as men disobedient to Authority; but the reasons and grounds of their so doing are to be taken into consideration, and in case the grounds of their proceedings, and their proceedings themselves, do comport with the public interest of the kingdom( I nothing doubt but that a few daies experience will give the Nation this assurance into her bosom) then well may that mouth of clamour and evil speaking, that hath been so widely opened against them, be stopped, and every man take shane unto himself that hath lifted up a tongue, and that would have lifted up 〈◇〉 against them.  
FINIS.