THE LAWFULNESS OF THE LATE PASSAGES OF THE ARMY (Especially of the Grounds laid down for their JUSTIFICATION in their late DECLARATIONS of June 14. 1647.)  
EXAMINED by one who hath long been a Friend to the ARMY, and desires Satisfaction.  
London, Printed in the Year 1647.   

The Lawfulness of the late Passages of the Army, especially of the grounds laid down for their Justification in their late Declaration of June 14, 1647. examined by one that hath long been a Friend to the Army, and desires satisfaction.  
IF the late Declaration from the Army, of June 14, 1647, had given satisfaction to all their friends (as it seemed to promise in the first line) I should then have been silent, who have ever (until some of their late proceed) not only had the Army in great esteem and honour, but have studied, and andeavoured (according to my abilities and place) to be serviceable to them: But now all my glorying in them is turned into shame, and all my prayers and praises to God for them, into mourning and astonishment, To see that under the General's notions and colours of God's glory, and good intentions to the Liberties and Peace of the people of this Nation, the late actions and practices of the Army in disobeying and opposing the Parliament (if persisted in) will appear to be contrary to the Laws of God, and the Kingdom, and to their duty, trust, and engagement to the Parliament of England, by whose Commission, only, they are an Army; and are but a tumultuous number of men, when they act, or do any thing that is not in order too, or within the limits of that Commission, which I take to be the utmost bounds of their calling as an Army: And when any man (or number of men) step out of their calling, or (if in their calling) run out into by and unwarrantable ways, they can upon no good grounds either look for protection, or expect a blessing; and however such proceed (being backed with policy and power) may have success at present, yet they are sure to be bitterness in the end. Therefore I shall ever wonder at any, who (if they have good aims and intentions) will go the devil's highway to them, because (it may be) it seems to be over at next. For my part, I will not judge that the Army have evil ends; but being altogether unsatisfied with their way, and with all they say in the defence of it, which coming from the Army in general, and not from any particular person, or number of Officers, from whom I might have desired private satisfaction; and being exceedingly oppressed with the sense of the dishonour to God, the scandal (if not the ruin) to Religion, the insultings of the enemies to the Parliament, and the great danger threatened to the whole Kingdom, all eminent if the Army should persist in their present course: I could have no peace within myself, until I had in this plain style (fittest for a mournful Subject) declared the grounds of my dissatisfaction, hoping that for the future the Army will either submit to their lawful and undoubted Governors, or show better cause to the contrary than any I can yet find in their public Declarations and resolutions. And that I may not wrong them in repetition, or darken their reasons, I have set down at large in the margin all I can find of theirs upon this point.  
Nor will it now (we hope) seem strange or unreasonable to rational and honest men, who consider the consequence of our present case, to their own and the Kingdoms, (as well as our) future concernments in point of Right, Freedom, Peace, and safety, if (from a deep sense of the high consequence of our present case, both to ourselves (in future) and all other people) we shall, before disbanding, proceed in our own and the Kingdom's behalf, to propound and plead for some provision for our and the Kingdom's satisfaction and future security, in relation to those things, especially considering that we were not a mere mercenary Army bired to serve any arbitrary power of a State, but called forth and conjured by the several Declarations of Parliament, to the defence of our own and the people's Rights and Liberties; And so we took up Arms in judgement and conscience to those ends, and have so continued them, and are resolved according to your first just desires in your Declaration, and such principles as we have received from your frequent Informations, and our own common sense, concerning those our fundamental Rights and Liberties, to assert and vindicate the just power and Rights of this Kingdom in Parliament for those common ends premised against all arbitrary power, violence, and oppression, and against all particular parties or interests whatsoever. The said Declarations still directing us to the equitable sense of all Laws and Constitutions, as dispensing with the very letter of the same, and being supreme to it, when the safety and preservation of all is concerned; And assuring us that all authority is fundamentally seated in the Office, and but ministerially in the Persons. Neither do or will these our proceed (as we are fully and in conscience persuaded) amount to any thing not warrantable before God and men; being, thus far, much short of the common proceed in other Nations, to things of an higher nature than we have yet appeared to; and we cannot but be sensible of the great complaints that have been made to us generally in the Kingdom from the people where we march, of Arbitrariness and Injustice, to their great and insupportable oppressions.  
And truly such Kingdoms as have according both to the Law of Nature and Nations appeared to the vindication and defence of their just Rights and Liberties, have proceeded much higher, as our brethren of Scotland, who in the first beginning of these late differences associated in covenant, from the very same grounds and principles (having no visible form, either of Parliament or King to countenance them) And as they were therein justified and protected by their own and this Kingdom also, so we justly shall expect to be.  
We need not mention the States of the Netherlands, the Portugals and others, all proceeding upon the same principles of right and freedom; And accordingly the Parliament hath declared it not resisting of Magistracy, to side with the just principles and Law of Nature and Nations, being that Law upon which we have assisted you, and that the Soldiery may lawfully hold the hands of that General who will turn his Canon against his Army on purpose to destroy them, the Seamen the hands of that Pilot, who wilfully runs the ship upon a rock, (as our brethren of Scotland argued,) And such were the proceed of our Ancestors of famous memory, to the purchasing of such Rights and Liberties, as they have enjoyed through the price of their blood, and we (both by that and the latter blood of our dear Friends, and fellow Soldiers with the hazard of our own) do now lay chain unto.  
Nor is that supreme end, (the Glory of God) wanting in these cases, to set a price upon all such proceed of righteousness and justice, it being one Witness of God in the world, to carry on a Testimony against the injustice and unrighteousness of men, and against the miscarriage of Governments, when corrupted or declining from their primitive and original glory.  
In answer whereunto I must affirm, that, although as particular English men you may petition or plead for what you think makes for the right, freedom, peace, and safety of yourselves, or of the Kingdom; yet you cannot do it as an Army, for that relates only to those uses (for which it was made) limited within its Commission.  
For your affirming you are not a mercenary Army, I will not spend time to dispute it, yet every one sees you insist much upon your wages, wherewith the Scripture chargeth Soldiers (that would be saved) to be content, Luk. 3. 14.  
For what you speak of the arbitrary power of a State, and of violence, oppression, particular parties, and interests, if you apply it to the present case, to justify your not obeying the Parliament (and otherwise it signifies nothing) than I must say it is exceeding unjust when you do not instance in any one action wherein they are willingly guilty of any such charge. It is true that those who have a legislative power cannot have an altogether limited power; but that is no more in this, then in all Parliaments; And that so long as the calamities of the times did necessitate Armies, there must needs be burdens laid upon the people, even to more than ordinary pressures: but was that the Parliaments fault? or those that did oppose them? And that those burdens and pressures must still be kept upon the people, is it the fault of the Parliament, or the Army that will not disband?  
For that you say you were called out by Declarations to the defence of your own, and the people's Rights, and Liberties; And that you (as an Army) will assert and vindicate the just power, and rights of this Kingdom in Parliament. It is not denied but the Parliament (to whom it belongs) having judged that the Forces raised by the King, were to invade the people Rights, and Liberties, and the just Power and Rights of this Kingdom in Parliament, did publish it in Declarations, and thereupon did raise both you and several other Armies to oppose and resist those Forces: But how these Declarations give you a right to judge what these Liberties, just Power, or Rights are, either of the Parliament, or people, is (I think) past all humane understanding to conceive, neither the Laws of God, nor the Laws of the Kingdom having made you Judges, nor having put any of the weights or measures of Justice on the behalf of others into your hands; you can only do it by the length of your Swords, which can be no good Standard, for it will still be liable to alteration when a longer Sword comes: And when the people of this Kingdom have understood and considered this, it is not likely that they will leave the settled course of Law, and Justice in the known Courts of the Kingdom, to be judged by any one that can raise the greatest tumult; which must needs follow, if they allow this Army, (suppose it 14000 men to be Judges now) then any 150000 in the kingdom may judge the Army, and a greater number judge them ad Infinitum: by which it doth appear that the Army making themselves Judges in these cases, doth overthrow and take away the Ordinance of God and Magistracy; than which amongst men, I cannot imagine what is a greater impiety.  
Besides their refusing to obey the Parliament (under whose Command they are, or aught to be) is against many particular precepts and directions in the Word of God, as you 
Rom. 13. 1. 1 Pet. 2. 13. 2 Pet. 2. 10. Jud. v. 8, 11.  may find them laid down in the Margin.  
For the great Complaints that have been made to you, although it were false that is reported (as I have cause to believe) that men are sent from the Army to get hands to Petitions unto themselves, thereby to draw the eyes of the people after them; yet I do conceive such Petitions ought not to be received by any who either by Protestation or Covenant have sworn to mean the Just power and privileges of Parliament, to whom of right it doth belong to hear and determine all the grievances of the People not remediable in other ordinary Courts of Justice; and there they may be heard without the forceable recommendation of an Army; who although they thrust on those things that upon serious debate have been rejected as prejudicial to the Public, yet it will be in vain to those who do truly make conscience of their duties; for they will not be frighted into other men's fancies against their own judgements. Yet if the Army will give encouragement unto such Petitions, and so set up themselves as a new Tribunal, I believe they shall have work in all places where they come; for there, men will be glad to do that which may please them, although they had no cause of complaint.  
For the examples of Scotland, Netherlands, Portugals, and some proceed in this Parliament, which you urge for your warrant, I must answer in general, that precedents are poor proofs to justify actions, and if admitted, there is nothing so bad that might not obtain such a justification: it is a warrant from some Law that must make every action lawful. Yet all those instanced in, comes far short of your case, for it can be said of none of them, That they acted supremely by their own power, having no Civil power or Magistrate to declare with them, or for them: And although my business be not to search into the grounds, or proceed upon which other Nations have taken up Arms; yet, being called to it, I must clear the misapplication to Scotland, and especially to ourselves in this Kingdom. For Scotland, I may affirm, that although in the beginning of these late differences (to which the Declaration doth refer) the common people there, did first oppose those illegal impositions, and innovations, strongly endeavoured to be thrust upon them; yet they did not enter into any Covenant, nor raise any Army, until the Civil powers in that Kingdom had declared it to be just, and according to the Laws and Customs of that Nation; nor did their Armies act but by the same supreme Authority and Command: And although both the first and last Armies raised in that Kingdom, were strong, and knew that the State had no other considerable Forces to oppose them, nor were able to maintain such other Armies against them; yet when they were commanded, they did disband, without imposing any condition at all upon the State.  
For the proceed of this Parliament and their Declarations, I much more wonder how they can afford you any colour of justification; you knowing that we have a mixed Government in this Kingdom, consisting of three Estates, One of these (which was the King) withdraws himself from the Government, and raiseth Forces without the consent of the other two: whereupon both Houses of Parliament (which are the other two Estates) carries on the Government, and (having power so to do) judge the Kingdom to be in danger, and raise Forces for their defence, the defence of themselves, and to bring Delinquents to condign punishment, than which, nothing can be more just. And upon this occasion, and just quarrel, they raise several Armies, wherein were men of very great honour, power, and interest in the Kingdom; but (blessed be God) never any of their Armies (except what hath been done by you) did refuse (that ever I heard of) to obey, when the Parliament (for the good and ease of the Kingdom, nay, although it were to lay them aside, and raise others in their room) commanded them to disband. And how any thing in this case reacheth to justify the acting of an Army against that power that raised them, and should command them, I know not.  
For those instances of the Soldiers holding the hands of the General, when he would turn his Canon against his Army, and the Seamen the hands of the Pilot, who willingly runs the Ship upon a Rock; I must say, That in those and such like cases of surprisal or extremity, where there is none to judge, nor no time or place for judgement, the danger being eminent, and the evil intention evident, the Law of Nature doth teach and justify opposition to the unjust and tyrannous power of Superiors: but it is no ground for a Rule where a judgement may be had, or expected, as now in the case betwixt the Parliament and Army. These instances might have been more colourably to the Point, if the Parliament had drawn out Forces against the Army, to have cut them off; then, notwithstanding the obedience they own to the Parliament, they might possibly have defended themselves against such Force: But if the matter of Fact be truly stated, it will be far from your purpose; for the Army advanced upon the Parliament when they had not drawn out any Force at all against them. And that is much liker the Soldier turning the Canon, or drawing his Sword upon the General, for which I never yet heard of any justification.  
For the last thing alleged (although it be very darkly expressed, yet as understand the Argument) That the Armies proceed may be justified, when against injustice, unrighteousness, and miscarriage in Government: If that were granted, and the Parliament were guilty in all, (which I am most confident can never be made good by clear instances, that they are guilty of any course of injustice or unrighteousness, though all the world and the accuser of the brethren to help, should set about it,) yet that would not come up to justification of the Army, because God hath not made them Judges for the people of the Kingdom, either of Justice or Injustice, right or wrong; Nor is the judgement of the whole Army equivolent to the Sentence of the meanest Judge in the Land, much less to the judgement of Parliament, wherein both the Army and all the people of the Kingdom are represented, therefore the people are not to account any thing unjust, unrighteous, or amiss in the Government, because the Army hath judged it so; but when they conceive any thing to be amiss, it is their duty to represent it to those whom God hath appointed to the office and place of Judgement.  
But if the meaning of this last part of it be, That God hath made the former successes and present power of the Army a Testimony to its opposing the pretended injustice, unrighteousness, and miscarriage of Government, Then the Turk may have the same Argument to justify his title to all he hath gotten in Christendom. But the Wise man teacheth otherwise, That no man knoweth love or hatred by all that is before them, Eccl. 9 8.  
Having thus considered all that the Army hath offered to the world (that I can hear of) for the justification of their late actions, of which I must needs say, That the oftener I weigh it, the lighter I find it, and therefore the more I consider it, the less I am satisfied: (Although the Declaration be offered in Print, by yourselves, to judge or answer) Yet having heard that the particular desires in it are before the one or both Houses of Parliament, I shall not assume the boldness to frame positive answers to any of them, or to interpose my poor judgement what were fit to be done: And in general (I may say) I have heard, That in many of the particulars, the Parliament have much more reason to complain of the Army, than the Army of the Parliament.  
For that part concerning Ireland, If upon examination it doth appear, that the Houses never offered any thing to the Army for the Service of Ireland, (though larger than to others that accepted the employment) but it was by some of the Army plotted against and opposed, and that your not dealing clearly therein (at the first when if they would have refused, there were others ready to undertake the Service) hath much endangered that Kingdom, especially now that it is seconded with this distraction in the Army, which hinders all preparations and proceed in that Service; then the Parliament hath cause to complain.  
For that part which concerns your demand for all the Soldiers in the Kingdom, if that be a thing you know is not in the power of the Parliament to do, it being conceived that all the Treasure in the Kingdom would come far short of present pay; and we see now that little less will give satisfaction: And that the consequence of this (in hope to get a s●rong party to yourselves which would be your disadvantage if you mean Peace, because the more you are, the less able the Parliament will be to give satisfaction) must endanger the raising all the Soldiers of the Kingdom against the Parliament, and tear all to pieces in a horrid mutiny; then the Parliament hath cause to complain.  
For that part concerning the Members, If the House of Commons have done much more to purge the House and put their Members, to trial, than ever any did before them, making a Committee eight or nine months since, to receive all complaints and accusations against any Member of the House, and this Committee commanded to sit every Thursday in the Exchequer-chamber, and this posted up in the most eminent places about Westminster, that all might take notice of it, and accordingly the Committee did fit for several weeks and no complaint was brought. And if for those that are unduly elected (wherein the Army and their party have by much (as I hear) been most guilty) the ancient and only course in Parliament of examining them at a Committee of privileges, be still observed, and they fit so often as the great businesses of the House will give leave: Then the Parliament have cause to complain of this Complaint.  
For that part which concerns the accusing of Members of the House of Commons, although I should desire that the charge might be received and heard, (which by the way may at least be thought hard to be done by an Army, and they the accusers, informers, witnesses, and yet it appears not how far they will make themselves Judges too, when it is their own case, in relation to those Members whom they say are their enemies) they have put a hard judgement upon. But if upon a general accusation, before any thing be proved, you would have them sequestered from the House, may you not by the same rule sequester a hundred the next day after? and if the House should grant it, in the case of two or ten, were it not injustice to deny it for a hundred? And if something in the matter of these accusations should be (as by your printed accusation it appears to be) for things done, or spoken in the House of Commons; then to admit it, were the utter overthrow of all free Parliaments in this Kingdom; where all things that are spoken, or done, are only questionable by themselves that see or hear them, and at the same time the offence is committed, (unless the fact be then agreed upon, and it be referred to themselves to question afterwards by consent of the House) otherwise they themselves cannot question any such things, though it were the next day; but in no case at all can be questioned by any without the House; and if it were otherwise, no man would dare to speak freely in Parliament, which must needs prove the ruin of the Kingdom; although I shall never plead to excuse the offences of any, especially of those that are in public Employment. Yet if this appear to be the very engine whereby the Prerogative hath endeavoured, from time to time, to beat down Parliaments, than this Parliament hath great cause to complain that this Army should make use of it.  
For that part which concerns the putting an end to this Parliament, and the choosing new ones; so soon as it can be done, I am most confident it would not only be agreed too, but the greatest part of the House (especially of those who have fitten the longest) would account it the greatest happiness that ever befell them; for although they have taken unwearied pains day and night, run the greatest hazards, and suffered the most eminently in their estates of any people in the Kingdom, many of them to the ruin of themselves, and their families; yet their reward from some of those for whom they have done and suffered all this, is nothing but reproaches, and seeking some weak grounds to fast n false aspersions upon them, As in that (which is most commonly spoken) That the Members of the House of Commons have gotten much of the Kingdom's money to themselves. I have made enquiry into this business; I am confident that no Member of the House hath had a penny out of any Taxation, Contribution, or Imposition upon the Kingdom: there are (it is true) some who have been eminent in their sufferings, or services, that have had money given them arising from some Delinquents Estates, as others have had in the like cases that are no Members of the Houses, and some very few have had Offices or Places bestowed upon them. But this, I dare say, that, Divide the House into twenty parts, and there is nineteen of them that have not had a penny given them: and let all that hath been given to the Members be strictly cast up, and it will not appear that they have had so much amongst them (except those of them that have had pay as Soldiers) as so many Ensigns on foot, nor half so much as they ought to have had by the Laws of the Kingdom for their wages. And now the Houses have taken from those few Members of the House of Commons (that had them) the benefit of all Offices, and Places, and Gifts, with a Resolution, That they shall not have any thing given them, nor any reparations, until all the Debts of the Kingdom be paid. Therefore the Members of the House of Commons have more reason than the Army to desire an end of this Parliament, that so they may be put into as good a Condition as other people of the Kingdom. Yet, why the Army should make it a demand at this time, when by their own subsequent Propositions themselves seem to judge it cannot be done with safety: and now, before we have the King's Resolutions upon the Propositions, whereby it might be known whether he would (according to the Law in that behalf) join in such an Act; or the Kingdom so settled, that it were in any measure fit for it: Why it should now, I say, be demanded? I know not, unless to make the people believe it were something that would hardly be granted at another time.  
For that part which concerns freedom for Petitions, if when things have been fully and freely debated, and rejected as prejudicial to the Kingdom, if the people be incited to petition for the same things again and again upon no new grounds or reason, this were rather a licentiousness then a liberty of petitioning, seeing it is a fundamental Rule, that the same Bill which is rejected in the House of Commons, cannot be offered in the House again during that Session of Parliament.  
For that part which concerns the power of Committees and Deputies, as also that concerning the Accounts, and likewise that concerning the Act of Oblivion, and the rest that follow, if it be (as I have heard) that the Parliament have taken effectual course in some of those things, and were considering of the rest, before your Declaration, than they might well have been left out of your desires and complaints.  
What ever hath been said of these particulars, I should be glad that the Parliament would not stand upon any thing which might be spoken for their advantage, or your disadvantage; but rather set about the doing and resolving every thing as far as they could in conscience and in judgement, to give you satisfaction. And before you refuse that satisfaction offered you from the Parliament that did raise you, and make you an Army, and by whose Commission and Authority you do Act, seriously weigh these Considerations:  
1. That to go on to disobey the Parliament, or resist them in their lawful Commands, is to resist the Ordinance of God: For as the Administration of the Word and Sacraments are in the band of God's Ministers Jure Divino; so the Administration of Judgement and Justice, Government and Rule, are in the hand of the Magistrate Jure Divino, unquestionably.  
2. Consider that you have been charged already too much to usurp the Office of Ministry; and if you appear also to encroach upon the Office and Place of the Magistrate, you will much confirm men in their opinions of that, which is generally thought you make your design, viz. To take away, and overthrow all Government, and leave the people to an unusual licentious liberty, and as a means to that end, not only keep the power of the Sword in your own hands, but by the force of it to draw out of the Parliament, and all other Counsels and Judicatures in the Kingdom, those who will not either for fear, or base ends act to that design. And however I, and (it may be) some others may account this a Scandal, because we believe some of the chief Officers have better Principles, yet, if it should be confirmed by your actions, they are such real demonstrations, that no man could believe otherwise notwithstanding all professions and protestations to the contrary.  
3. Consider that if you let lose the bands of Government, and you that are Officers by your own example (and it may be further) reach the Soldiers to disobey the Parliament, that lesson will serve to teach them likewise how to resist their own Officers, and this you may take as a sure Rule, That a multitude will not long be servants to any design, but within a while they will be Masters of it.  
4. Consider, That such things as require force to obtain them, can be kept no longer than they have force to maintain them, which keeping in a very few years would be the ruin and losing of the Kingdom.  
5. Consider the reproach that will come to Religion if you continue your proceed, (and not only reproach) but the apparent hazard to all the Reformed Churches in Christendom.  
6. Consider the infinite dishonour that would come to the Army, although by force they should be able to compass all their desires: That not withstanding your duty, trust, and engagement to the Parliament of England, you, whom they have made choice of out of the whole Kingdom to bear Arms for their Defence, against all their enemies and opposers, And you that have accepted of that engagement upon this Condition in your Commissions, To observe the Direction of both Houses of Parliament; And you that they have made better provisions for, and bestowed more marks of honour and respect upon, then upon any Army that ever they had: I do only repeat these things, hoping upon serious consideration of them, you who have appeared gallant men, will sweetly and timely return to obedience, so that neither I, nor any else, shall ever have occasion to make such application as would slain all your glory, Which is and shall be the most earnest prayer of the Author.  
FINIS.