THE ARMY— ARMED, AND Their just Powers stated: OR ARGUMENTS UNANSWERABLE; Proving them just and lawful Powers, and Governors, and so not Usurpers. Likewise a justification of this present Parliament, and Council of State chosen, and constituted by them for Authentic and lawful Powers, and Governors also, against all Opposers whatsoever, conceived useful for satisfying any one of the said Powers scrupulous amongst themselves, so any other conscientious people whatsoever. And lastly, to be even with all sorts of cunning and politic pretenders against any of them, as not lawful Powers and Governors, on purpose to countenance disobedience and rebellion, and so raise Factions, to the disturbance and endangering of our COUNTRY. It's against the Law of the Romans, of Heathens and Pagans, to condemn any man before he is heard, read therefore advisedly before thou judgest. Written immediately upon the dissolution of the late Parliament, and the creation of our new one, but occasionally reserved till now. By S. H. Senior. London: Printed for William Leaty Paul's-Chain. 1653. To his Excellency the Lord Cromwell, Captain General of all the Forces of England, Scotland, and Jreland, etc. Right Honourable Lord, SO sensible am I of the Exceptions and Clamours of divers people, who some of weakness, others of wickedness, cry out against our present Powers in general, as Usurpers, or however, as unlawful or unjust, wanting (as they say) warrantable grounds, and foundations, viz. the People's free choice, which should they pass without answering, would confirm and embolden them in their Clamours as just, and render your Honour, with the rest of our worthy Governors, and Soldiery, of all sorts, as unjust Usurpers, and wrong doers, and so may in time hearten to Factioning and Rebellion, even to hostility, to the disturbance and endangering of our Nation; all which to remedy, I the meanest of all, am enforced through the silence of all, to undertake, which I will assure your Honour, I do with remissness and fear, by reason of divers Tenets held and handled therein, contrary to what's held at this time, and that by those accounted both good and wise. But I forbear to be further offensive to your Honour by enlargement, I therefore only make bold humbly to entreat your Honour's fairest construction of my well-meant endeavours, and so I rest Your Honour's most humble servant, and great Admirer of your high perfections of faithfulness and fortitude, Samuel Hunton. Aug. 1653. Courteous Reader. WEre I Innocency itself, yet may I not expect to be quit from censure; but sure, if thou understandest me rightly, thou will find that I deserve none; I am at peace then in my own heart, say, and think what thou wilt: Again, I am not for the aforesaids, nor any Powers farther than is just, and generally conducing to Justice, Peace, and Safety; as for their actions, good, or bad, I at this time meddle not with, nor judge not of, only I make them lawful Powers, though in error they should act some unlawfulness, as the best will do, yea thyself, if once empowered. The main end of my writing this Tract, appears in the Title, so I spare here to enlarge, I rest then My Countries, and thy servant, as thou art its, S. H. I entreat the Reader to read the Margin also, else may he come short of our intention. The Army armed, etc. 1. IT's a received Principle on all sides, that Salus Populi is (of temporals) the highest Law, and Supremest Principle, and I add, of spirituals also in just competition, for Mercy is before Sacrifice, 'cause God cannot need, and man cannot but need; the Sabbath also Gods own day, is in competition man's day, for the Sabbath is for man, and that in humanity's, etc. 2. This Principle standing good against all Arguments and oppositions whatsoever, we did formerly, and do now thereby support all present Powers in being (though bad, yea though Usurpers) provided not destroyers, much more our late Parliament, which though faulty, yet not to that degree; and so now our present Army, (who hitherto are faultless) rather than allow of the dissolution of them or any Powers without our * Of self-security, so the Nations, and bettering us with better men cautions, in likelihood to the destruction of our Nation, by involving it into Factions and Parties, and so into oppositions and contests, even to blood, and so in likelihood to ruin; but with our cautions, as with securing our Nation from the † Dangers etc. so also the good and innocent of the late Parliament. aforesaids, and bettering us with better men in points of abilities and faithfulness, I did, do, and will give way to the dissolution of all destructive Powers, rather than to the destruction or sufferings of the People in their Rights, Liberties, and Safeties by them. 3. But since the writing of that Tract, the Act is done, and our said Parliament undone, or dissolved, and in likelihood, as near as can be, with our Cautions every way, as without endangering our Nation, or the innocent of them, etc. yea far beyond our conceptions, as without the least crack of thunder, or flash of lightning, and the said Power is now conveyed to and upon the Army, and so our Principles and Cautions hold for the Army now, so any * As public conducing shall cause to change, and create succeeding Powers, as they did afore for the Parliament, and no otherwise, so I partialize not for any Powers amongst themselves, nor yet against my Country, but am for the best conducings to our Country, all things considered. 4. Besides the aforesaid Arguments, these following second the Army also, viz. Religion, Reason, Nature, and Necessity; these I say do now not only constitute, but fortify and confirm them also, and so forbids any, yea themselves from dispowring themselves, by laying down their powers, or impowring any above them, either in name or nature, without our cautions of self-security every way, so their country also, except prudence advise to some wise colours and ‡ Shadowing. covertures for just conducing sake, they may then create powers to second them, but not to first them every * As not in power. way as Moses his 70. Elders, who yet held the priority of name, place, and power, but to constitute a power in power above themselves, quaere, if not treachery to themselves, so to the public, as to the hazard of our Nation, as afore, both which are now in their powers to provide for, and secure, but if out of their powers, they hazard all, and themselves also, to be called to account even for the good they have done, under Notions rendered evil, as Rebels, Traitors, Sectarists, Independents, etc. so also, as enemies to Kinghood, Priesthood, Prelacy, and Presbyterye, and so our Nation may in likelihood be circularly factioned to ruin, yea they may be called to account for bad things they would not do, as if good things left undone, as for not establishing the † Is not the Sabbath for man? is not mercy before Sacrifice? but oh weakness. See Sect. 21. the Margin. Gospel above the Law, and Rites for Religion, and Regiment for Righteousness, so for not sacrificing Justice and Mercy to Religion, as called, for many * It's the treacherous, and not the true, I except against. Priests are great prevaricators, in their great is Diana and Dagon, and oh Darius live for ever! 5. Thus much in justification of them, for assuming, and retaining, or holding the power, which our principles of a just necessity to preserve their own, and the people's rights, welfares, and safeties thereby, and so improved, makes good, else not. 6. Next let's reason it out amongst ourselves, and that righteously, some Governors we must have, and adventure on, these we know, so know in likelihood what to trust to, all others (let's do our best) are more uncertain and hazzardable, also hard, yea dangerous to invest, for how shall we out these if we would? Again, why, or for what should we, if we could, what reason also is there that they should give way thereto, all things considered, as afore at Sect. 4. by all arguments than they are our right Governors. Next, also their own, so public necessity inrights them; for admit they would resign the Government, sure we should destroy ourselves about a * King, or Governor, or † Parliament. Governors: be it they are bad also, yet it's a degree of happiness that we are better than we were, if so, or not worse, seeing changes are dangerous; also by holding the Government or Power, they prevent dangers that might happen, by changing and rechanging, as afore. Weaklings compress then, and comply for the unprincipled, know not what to have, or hold, trust to, or forego; if you say they may prevaricate, I say so too, and so may all, yea so will all, more or less; Angels have not perfection, what wilt thou then have in * Man. imperfection? 7. Considered then according to our premises, they are lawful powers, and so we ought to obey them, and they may justly enforce, conducing obedience, else infer, and so inter Salus thy Sovereign, we are then for the aforesaid reasons, justly in their powers, whether they will selfely rule, or whether a Parliament, or no Parliament, or what kind of Government and Governors, both for numbers, names, and natures, we shall have, in all which they are free to take, or leave, as was Moses, so to order, as they see best, and are not bound to Law, customs, Rites, or Ceremonies, of any kind, but only to † There are no other right ties but these. righteousness, and general conducing. 8. Object. 1. But it may be objected against them, as Usurpers, not being rightly chosen by the people, so it's a breach of the people's Liberties. Object. 2. That we are ruled by the Sword, or Swordmen. Answ. Just necessitated usurpation (as called) though for self-safety only, much more for the public, as to preserve it in its rights, and deliver it from wrong, so from endangering to ruin, and so * Note, if so improproved, else not. improved, our principle allows of as just, commendable, and honourable also, for that in such cases, forms, customs, and liberty of † Of new Powers, as a new Parliament. free choice, are but ceremonies to safety, which kept to, might lose us all, by factioning us, for forms and ceremonies only, as for Kinghood, Priesthood, and Prelacy again, which suppose better, yet it's better to be without them, then to destroy ourselves for them, how then seeing they will destroy us; know then, that lose Freedoms licentiate us, and so bind us, and that its only fit bindings, renders us freemen. 9 On the premises, the Army are not * In opposition to free choice Usurpers, as is not a servant over his Master upon terms of just necessitated defence, self, or public, if he disarm his said Master, † So they the public. and arm himself therewith, for his own, so his Masters, so any ones just defence, and happy is his Master to be so overmastered, and so is our giddy-brained Nation also, were they Masters of their Sense and Senses. Object. 2. We are governed by the Sword, or Swordmen. 10. The Sword hath already given thee an answer sufficient, yet out of its nobleness it will further descend in compliance to give thee content, the Sword saith then, as its a just Governor, why exceptest thou? and if it rule justly, what wouldst thou more? and if it have some failings, so will all, even the Excepter himself; know friend thou art always ruled by the Sword, for if the Sword attend not the Magistrate, the Magistrate must attend it, for he bears not the Sword for nought, nor ought the Sword to be set at nought,— nor Will. 11. The Magistrates sheathed sword, as not scene, is more surprising, this is visible, and as bare and naked as truth itself, so not so treacherous or surprising, as is the surreptitious Sword, but always warning, and so arming thee against thyself and it. It was the visible, the bright, and brandished blades, that warned, and so awed Adam and Balaams' Ass, both which by a sheathed, or hidden swords ambushments, might have been surprised and cut to pieces. 12. Sure though they govern by th' Sword, yet also by the words of * Reason, Or God and † Law. man, legal, or rational, what matters it then for the name Sword, which is but a word, except a blow follow for thy deserting thy duty, and so will it from the latent Sword, which is but a word, yet a blow also as thy pravities are patent: Remember then I say, that all Magistrates are men, not Angels, and were they, yet it's said he found folly in his Angels; in short, certainties are uncertain, and uncertainties are certain, so we run hazards whoever governs, but if likelihoods be preferable, as they are, than this Army, these Swordmen, these Governors, are by all out arguments afore, therefore be satisfied and contented with what is said, for thou art answered, past thy answering. A digression in relation to the Scots King, that he hath not any right to the Crown. Note all this all sorts. 13. I only add for a conclusion the following considerable caution also, let all all sorts know then, that selfe-rights not forfeited, are yet not pleadable, nor to be sided with against our principle, viz. the people's welfare, and safeties, for its better that one, yea many innocents' perish in their self-rigts, then that the Universal be endangered to inright them, if so as afore, for self-rights not forfeited, much more than for forfeited deputatives; where then by this are the Scots King (as called) his forfeited deputative rights to his own King, the people, whose originally they were, and his only for its sake, not his own; for he having forsaken his King, is justly unkinged, and forsaken by him. What also can his pretending seconders and siders with say to this, are not such seconders for their own sinister ends sake, seducers and traitors that will side with themselves against their * Salus. Lord, and yet pretend its for their King, against both their † The people. Kings, are not these Fellows finely principled, that will side with the servants forfeited deputative rights, against their and his * The people. Lords selfe-rights; sure such seducers and siders with, are murderers and thiefs; of all killed or taken from, on each side, as enforced thereto. 14. Suppose yet higher, that the King is innocent, and absolutely wronged of his rights, what then? yea further, suppose they were his self-rights, as they are not, and not forfeited, as they are, what then? where doth any one find it in the Law of Religion and Reason, All this concerns every individual. Note also the end of this Section. that to inright one, they may hazard the ruin of millions; if the wronged could right themselves the right way, as on the wronger's only, I dispute not against it; but to wrong infinite innocents' to right one nocent, or admit innocent, of which yet they may fail, is unspeakable madness, folly, and injustice: by this, why may not Clients clearly injured by their Lawyer, or their Adversary, hostile it, Note, that the innocent, if good, will not desire relief to the hazard of any one's blood, much less of many ones, and the endangering of their country also. and gather an army of men, Esau like, and so enforce his Adversary to do as much for his defence; so these two Murderers must meet with their multitudes, and the innocent fools on both sides must murder each other, under the notion of siding with for rights, and yet may this be much better done for known self-rights, then for known forfeited deputatives, not to the ruin of a multitude only, but of a Nation, to whom they were bound by oath, honour, trust, and tribute, and so own duty and service answerable. 15. How also can foreign religious Princes and States then in honour and honesty answer it, to murder and thieve it, in pretending to help such to their rights; but the truth is, they help them only to be helped in the like cases; so we are like to have a mad world of it, when religious Princes and States, as called, shall help to support one another in tyrannies, thefts, and murders, under the notion of rights; but woe to those that call good evil, and evil good; I marvel exceedingly that such just, religious, and honourable Princes and States do not send over their Armies now and then to help each innocent individual wronged of his self-rights by his Adversary or his Lawyer: for its a much fairer, goodlier, and juster ground and pretence than the other, though both be naught, as teaching both sides naughtiness, as to invade each others rights, under pretence of righteousness. I have now done, only I make bold for a conclusion, to add the conclusion of my other Tract, as its suiting in its nature, and end with this, which is as followeth in behalf of the Army. 16. It's then considerable also, that all care be taken against the dissolution of this Army, as of the Parliament, except with our cautions, of securing the good and innocent of them, so our Nation from hazzardables of dangers and troubles to ruin; also to secure us of better men, else, why change these? which a new Parliament might chance to attempt, to the hazard of all, as afore; for we have experience of this Army, both of its faithfulness, fortitude, and good fortune also in our defence; and that it hath not any way offended us, or done us any wrong, but contrarily defended us, and done us much good, but of the next Army we know nothing at all, so must run the adventure of all, as of their evil, and their good, which I conceive is not good to do, for, certain goods are better than uncertain, and no Evils are better than to adventure for them. Our aforesaid Arguments in behalf of all our present powers (as just and lawful, and so obeyable) contracted. 1. OUr former Parliament, who constituted this Army, were lawful powers, as being themselves constituted by the people, the originals of right power, who empowered them for all conducing to our Country, and they by virtue of this power formed this Army for our Country's sake, viz. for its rights, peace, and safety, etc. 2. But suppose all or most of our former Parliament were not lawful powers, but * Yet it's not so. Usurpers, as not chosen by the people, yet it matters not to this point, for usurpers and unlawful powers are (by our principle) obeyable in lawfulls and † As in constituting this Army for our Nation's defence. conducing, and right and lawful powers are not obeyable in unlawfuls and destructives, yet as necessitated, compliance may be for conducing sake, and to prevent greater mischiefs; however, we do by this, say, that it's rather conducing commands we are to obey, than the Commanders, whether right or wrong, good or bad, except necessitated, as afore. Thus the Army, admit by an usurping power, yet being constituted for conducing, are lawful powers, how then being by a right Parliament, and so every way right. 3. The Scribes and Pharisees, a crew of hypocrites, and * For who invested them? usurpers of Moses Seat, yet commanding according to Moses were obeyable; or rather the doctrine than the Doctors, and yet the Doctors also, and not the doctrine, as just necessities invite to wink at some sufferings, to prevent insufferables, or destructives, positives pose us all, but wise respectives remedy all, for we must, and must not, may, and may not, according to respective considerations, for answerably things are good and bad. 4. Suppose the Army also, all or most of them † Yet it's not so. Usurpers, as not chosen by Parliament or People, it matters not to this point, for I answer for them as for an unlawful or usurping Parliament, as afore at Sect. 2. I answer further as formerly, that if their own, so our Country's rights, safeties, and necessities necessitated them thereto, and they have improved their power thereafter, they are then essentially right, though not ceremoniously so, how then when circularly right, as by a right Parliament? 5. Consider yet further, that our whole Nation at times petitioned for, and endeavoured a dissolution of our former Parliament, whether right or wrong I judge not, nor can; this they know not how to bring about, for to attempt it by Arms, without the Army had been to disarm themselves by Arms and Armies, and so in likelihood to ruin, for the Army had no reason to allow of Armies, self-rights, and safety; so the universals forbidding them, so they are enforced by universal implicit importunities, wishes, desires, and commands to undertake it, for done the people would have it, and otherwise it could not be done; so than they are necessitated to do it, which they do with cautions far beyond our conceptions, as afore; and thus they are authorized by the whole Nation in general, and so inclusively by each individual; therefore let none except, for its, as afore, inclusively their act, as what most of the Parliament vote, is inclusively the vote of the dissenters, who consent, by consenting that the major part shall carry it, nor can the Army see or mind individuals, but the general, which is always Lord General. 5. Our former Parliament thus dissolved by Universal, so Individual consent, as afore, the Army then by Universal consent also are left alone sole Powers and Governors, and so are a lawful authority by this also, as thus consequently chosen, none other being in esse provided, nor in posse provideable by the people at this time, for our reasons afore, and after; nor had the Army reason to give way thereto, without self, so public rights and safeties, which how that could be I see not, nor my wisers, if they see † Consider all things. well to it, so necessity public and particular establisheth them lawful Governors, & so our present Parliament and Council of State constituted by them for our Country's accommodation, are just, right, and lawful powers also, and so honourable and obeyable, without exception, as such, and for such ends. By making sure work with both. 6. Last of all, as they have saved our Nation from the enemy, its good reason they save themselves, both from their enemies and their friends, etc. which they cannot do, if they undo themselves. 7. If I now have reasoned rightly and truly, and that for right ends, as to do each one right, but especially to make the aforesaids lawful powers, for the peace, safety, and welfare of our Country, which by conceiving and holding them unlawful, might faction and party us against them, or one against another in clandestines and rebellions to our ruin; who can or will except against me, but such as must say we are enemies to our friends, so to reason, rights, justice, and our Country's peace and safety, and so in truth Traitors, etc. As for myself I am not an enemy to any, no not to my enemies, yet will I oppose both my friends and enemies for my Country's sake; and so let them do as much by me and spare not; for whilst particular or partial ends of any nature fight against, or are preferred before the general, it renders both individuals and the General in a dangerous condition. Oh all you worthy Powers of all kinds, I have done you all the right I may, more I will not, nor yet less, see you retaliate us as rightly, for know its proportion rightly compensates. Remember the wise man's principle, that Justice establisheth Thrones, and I add, so doth it their Inthroners; by the Law of contraries then, injustice demolisheth both, and we find it doth so; would you continue powers, you see the way thereto, overpower not then your impowrers, except conducingly: Saith not the same wise man also, and our experience likewise, that oppressions or extremites make wise men mad, what then may be expected from madmen and fools: It lies much in your powers by wisdom to cure the maladies of both these Malignants, either by prevention, privation, or a qualification of their sufferings, or by satisfying reasons why, or why not, for a thorough convincement is a Conquest, so their hearts, thoughts, tongues and hands will be out of heart to oppose you, and so themselves for self-divideds, do as good as subdue themselves, and so save their friends a labour. Postscript. 17. SInce the writing of the aforesaids, I have met with little Tract, entitled; England's Fundamental Laws and Liberties claimed, and asserted; I do claim them as well as he, but not clamourously; our friend is not rightly principled, for admit checked of his claim, than he conceives he may clamour; and he may, so it may be; and he may not, so it may be also, and so it is; had he thus distinguished, he had not extinguished his claim, which I now soberly declaim against: he infers that no Parliaments or powers are right, except by free choice of the people; and so infers also, that our other Parliament, so this, so this Army, so many of them as are not chosen originally by the people's free choice, are not right powers, I both grant and deny, by distinction, which he useth not, so being absolute, he is desolute, and destroys all: I grant the right is in the people, were they right; but being wrong, will you allow them their rights to wrong themselves, so each one to the ruin of all? We have fully answered this afore at Sect. 2.4.6. so need not enlarge; but yet to contract understandings we stand not upon it; give then according to his doctrine to giddy brains, madmen and drunkards; so to the angry, furious and raging their swords and pistols; also light them candles, that so they may go into their gunpowder rooms, cellars and houses, for all these are their rights, and attend the issue, and see if it be not issues of blood: can you do such as these greater right then to wrong them by withholding their rights? can you do such greater wrong, then to do them right? judge wise men of what I say. 18. Give then to a factious, a furious, and giddy brained Nation or people at this time, their Liberties and Rights to choose their Parliaments; and it may be they shall never choose more, if any at all, as not that which they go about to choose; for may not such Libertines licenciate it into factions, for Kinghood, Priesthood, & Presbytery, with the rest, etc. and so ruin all; I grant it, and many more things our rights, if we could handle them rightly. 19 It's well, wisely, and prudently done then of some Governors, not to let us know our rights, or withhold them, till we know how to use them without hurting ourselves and others; and did they no farther abuse us, nor make use of the power in their hands and our ignorance, then to preserve us, and prevent us from abusing ourselves, we were in a happy condition; but to take advantage of our ignorance and impotence, and their powers over us, and so contrary to their ends and betrusts, wrong us, or contract us in our rights any way further than a just necessity enforceth to, is very hard and inhuman, and oft endangers and disestablisheth Governors, who else might enjoy themselves in their powers and places, with some petty sufferings by the people, provided such as were not too sensible to incense them; for a little nip offends not, but hard pinch, stayings, or tread on do, and worms trod on will turn again, but wise men will not, except with our cautions, but rather turn the other ear; but who is so wise? therefore a Extremes of any kind. oppressions (as saith Solomon) makes wise men mad. 20. Times are not now as they formerly were, for in choosing former Parliaments there was no such danger of factioning, cause each faction or party had and enjoyed their places, so need not faction for them, but now out, they will faction it to get in, Kings, Peers, Prelates, Priests, and Lawyers, all then reigned in their Regions, and now they are arraigned, from whence they would feign return to take their Turns again. 21. Faction it not then, oh noble Soldiers, so nor any one for rights or wrongs, no nor for love, pity, nor affection to any individual party whatsoever, no though he were innocent, nor yet for Religion, God's honour, worship, and service, as called, and conceived to be; nor for the Gospel, faith, or truth so notioned, as to Hostile it one against another, to the endangering of our Sovereign Salus, the Nation peace to the sword again, and so in likelihood to ruin, for our Principle is above them all, and safety is before Rites, or Rights, etc. and universals before individuals, though never so righteous. 22. As for Vows, Covenants, Oaths, Promises and Protestations, with heaved up eyes, and erected hands, and dejected minds to heaven; so with Invocations, Appeals, and Applications to God, as a witness of our integrities and sincerities, not to lay down Arms, nor forsake one another, till we had gained our Rights, Liberties and Freedoms, and then also to cleave together in the support of them: Know, that the aforesaids bind not to rights so called, which rightly rendered and understood are wrongs, nor to right ourselves with our ruin; its disputeable than what are our rights, all things considered, for, as afore, if our true rights will wrong us, they are not then our rights; therefore wisely consider the issue of enjoying our rights, which if dangerous or destructive, we are not bound by our Covenants to enjoy, till we can joy in them: Oh you wise and good men, bind us b Note these Notions, names, and occulers endanger whole Nations: But if the Sabbath be for man? and mercy before Sacrifice, than man's necessities is before them all, etc. well therefore before you free us, Fixingly lest in our liberties we licentiate, yet take no advantage in binding us, to keep us bound, otherwise then to our good behaviours, as to Justice, to Laws, to Rights, and Civilities, to which also its good our binder's were bound. In short, give us out rights when we are ready for them, find a way to make us ready for them, and then inright us in them so far, and not much farther, lest we wrong ourselves, and like Aesop's Dog, The shadow is not the Dogs due. invade for what's not our rights, and so lose our rights. We have now done, only we entreat our Candid Readers to excuse our trivial slips of pointing and Orthography, for that we could not well attend the Press. FINIS.