consider two particulars more that give still further light into the matter in question as first The qualifications of the Persons that have adhered to this Cause Secondly the capacity wherein they have been found from time to time carrying it on As to their Qualification they have in the general distinguished themselves and been made known by a forwardness to assist and own the publique welfare and good of the Nation for the attaining and preserving the just rights and liberties thereof asserted and witnessed unto in the true stating of this Cause according to the two branches thereof already spoken to They have shewed themselves upon all occasions desirers and lovers of true freedom either in civils or in spirituals or in both To express their value thereof and faithfulnes to the same they have largely contributed in one kind or other what was proper to each in his place to do wch actions of theirs proceeding from hearts sincerely affected to the cause created in them aright to be of an Incorporation and Society by themselves under the name of the good Party having been from the beginning unto this day publiquely and commonly so acknowledged by way of distinction from all Neuters close and open Enemies and deceitfull Friends or Apostates These in order to the maintaining of this Cause have stood by the Army in defence and support thereof against all opposition whatever as those that by the growing light of these times have been taught and led forth in their experiences to look above and beyond the letter forme and outward circumstances of government into the inward reason and spirit thereof herein only to fix and terminate to the leaving behind all empty shadows that would obtrude themselves in the place of true freedome Secondly as to the capacity wherein these persons thus qualified have acted it hath been very variable and subject to great changes sometimes in one form and sometimes in another and very seldome if ever at all so exactly and in all points consonant to the rule of former Lawes and Constitutions of Government as to be clearly and fully justified by them any longer then the Law of Successe and Conquest did uphold them who had the inward warrant of Justice and Righteousnesse to encourage them in such their actings The utmost and last reserve therefore which they have had in case all other failed hath been their military capacity not only strictly taken for the standing Army but in the largest sense wherein the whole party may with the Army and under that military constitution and conduct which by the providence of God they shall then be found in associate themselves in the best order they can for the common defence and safety of the whole As not ignorant that when once embodied in this their Military posture in such manner as by common consent shall be found requisite for the safety of the body they are most irresistible absolute and comprehensive in their power having that wherein the substance of all Government is contained and under the protection whereof and safety that may be maintained thereby they can contrive and determine in what manner this irresistible absolute and boundless power unto which they are now arrived in this their Military capacity shall have just and due limits set unto it and be drawn out in a meet and orderly way of exercise for the Commonweale and safety of the whole Body under the rule and oversight of a Supreme Judicature unto the wisedome of whose lawes and orders the sword is to become most entirely subject and subservient And this without the least cause of jealousie or unsafety either to the standing Army or any member thereof or unto the good people adhering to this Cause or any one of them since the interest of both by this mutual action of either will be so combined together in one even in that wherein before they were distinct that all just cause of difference fear animosity emulation jealousie or the like will be wholly abolished and removed For when once the whole body of the good people find that the Military interest capacity is their own and that into which necessity at the last may bring the whole Party whereof of right a place is to be reserved for them and that herein they are so far from being in subjection or slavery that in this posture they are most properly soveraign and possesse their right of natural soveraignty they will presently see a necessity of continuing ever one with their Army raised and maintained by them for the promoting this Cause against the common Enemy who in his next attempt will put for all with greater desperatenesse and rage then ever Again when once the standing Army and their Governours shall also find that by setting and keeping up themselves in a divided interest from the rest of the Body of Honest men they withhold from themselves those contributions in all voluntary and cheerful assistances by the affections and prayers by the persons and purses of the good party to the weakening themselves thereby as to any vigerous support from them in the times of most imminent danger whereof the late King had an experience that will not suddenly be out of memory when he undertook the war in the beginning of these troubles against the Scots and was in a manner therein deserted by all the good party in England they will then find if they stay not till it be too late that by espousing the interest of the people in submitting themselves with their fellow adherents to the Cause under the rule and authority of their own Supreme Judicature they lose not their Power or Soveraignty but becoming one Civil or Politique Incorporation with the whole party of honest men they doe therein keep the Soveraignty as originally seated in themselves and part with it only but as by deputation and representation of themselves when it is brought into an orderly way of exercise by being put into the hands of persons chosen and entrusted by themselves to that purpose By this mutual and happy transition which may be made between the party of Honest men in the Three Nations virtually in Arms and those actually so now in power at the Head of the Army how suddenly would the union of the whole Body be consolidated and made so firm as it will not need to fear all the designes and attempts of the common Enemy especially if herein they unite themselves in the first place to the Lord as willing to follow his providence and observe his will in the way and manner of bringing this to passe In which case we shall not need to fear what all the gates of hell are able to do in opposition thereunto It is not then the standing and being of the present Army and Military forces in the three Nations that is lyable to exception or offence from any dissenting judgements at this time amongst the honest well affected party In and with them under God stand
derived unto their successive Representatives as the most equal and impartial Judicature for the effecting hereof Where there is then a righteous and good constitution of Government there is first an orderly union of many understandings together as the publique and common Supream Judicature or visible Soveraignity set in a way of free and orderly exercise for the directing and applying the use of the ruling power or the sword to promote the interest and common welfare of the whole without any disturbance or annoyance from within or from without And then secondly there is a like union and readiness of will in all the Individuals in their private capacities to execute and obey by all the power requisite and that they are able to put forth those soveraign Laws and Orders issued out by their own Deputies and Trustees A Supream Judicature thus made the Representative of the whole is that which we say will most naturally care and most equally provide for the Common good and safety Though by this it is not denied but that the supream power when by free consent 't is placed in a single person or in some few persons may be capable also to administer righteous Government at least the Body that gives this liberty when they need not are to thank themselves if it prove otherwise But when this free and natural accesse unto Government is interrupted and declined so as a liberty is taken by any particular member or number of them that are to be reputed but a part in comparison of the whole to assume and engrosse the office of soveraign rule and power and to impose themselves as the competent publique Judge of the safety and good of the whole without their free and due consent and to lay claim unto this as those that find themselves possessed of the sword and that so advantagiously as it cannot be recovered again out of their hands without more apparent danger and damage to the whole body then such attempts are wortth this is that Anarchy that is the first rise and step to Tyanny and laies the grounds of manifest confusion and disorder exposing the ruling power to the next hand that on the next opportunity can lay hold on the sword and so by a kind of necessity introduces the highest imposition and bondage upon the whole Body in compelling all the parts though never so much against the true publique interest to serve and obey as their soveraigne rule and supream Authority the Arbitrary will and judgement of those that bring themselves into rule by the power of the sword in the right only of a part that sets up it selfe in preference before or at least in competition with the melfare of the whole And if this which is so essential to the well being and right constitution of Government were once obtained the disputes about the forme would not prove so dificult nor find such opposition as to keep up the bone of contention and disunion with much danger to the whole For if as the foundation of all the soveraignty be ackowledged to reside originally in the whole body of adherents to this Cause whose natural and inherent right thereunto is of a far ancienter date then what is obtained by success of their arms and so cannot be abrogated even by Conquest it selfe if that were the case and then if in consequence hereof a supream Judicature be set up and orderly constituted as naturally arising and resulting from the free choice and consent of the whole Body taken out from among themselves as flesh of their flesh and bone of their bone of the same publique spirit and nature with themselves and the main be by this means secured what could be propounded afterwards as to the form of administration that would much stick Would a standing Council of State setled for life in reference to the safety of the Commonwealth and for the maintaining intercourse and commerce with Forreign States under the inspection and oversight of the Supreme Judicature but of the same fundamental constitution with themselves would this be disliked admitting their orders were binding in the intervals of Supreme National Assemblies so far only as consonant to the settled Lawes of the Common-wealth the vacancy of any of which by death or otherwise might be supplied by the vote of the major part of themselves Nay would there be any just exception to be taken if besides both these it should be agreed as another part of the fundamental constitution of the Government to place that branch of Soveraignty which chiefly respects the execution of the Lawes in a distinct office from that of the legislative power and yet subordinate to them and to the Lawes capable to be entrusted in the hands of one single person if need require or in a greater number as the legislative power should think fit and for the greater strength and honour unto this Office that the execution of all Lawes and Orders that are binding may go forth in his or their name and all disobedience thereunto or contempt thereof be taken as done to the peoples Soveraignty whereof he or they bear the Image or Representation subordinate to the Legislative Power and at their will to be kept up and continued in the hands of a single Person or more as the experience of the future good or evil of it shall require Would such an office as this thus stated carry in it any inconsistency with a free State nay if it be well considered would it not rather be found of excellent use to the well-being of Magistracy founded upon this righteous bottome that such a Lieftenancy of the peoples soveraignty in these three Nations may alwayes reside in some one or more persons in whose administration that which is reward and punishment may shine forth And if now it shall be objected that notwithstanding all these Cautions should once the Soveraignty be acknowledged to be in the diffused body of the people though the adherents to this Cause not only as their natural but as their acquired right by Conquest they would suddenly put the use and exercise of the Legislative power into such hands as would through their ill-qualifiednesse to the work spoil all by male-administration thereof and hereby lose the cause in stead of upholding and mantaining it The Answer unto this is First that God by his providence hath eased our minds much of this solicitude by the course he hath already taken to fit and prepare a choice and selected number of the people unto this work that are tried and refined by their inward and outward experiences in this great quarrell and the many changes they have passed through In respect whereof well qualified persons are to be found if due care be but taken in the choice of them And if herein the people of the Lord shall be waiting upon him for his guidance and presence with them we may have grounds to hope that God whose name hath all along been called upon in the managing
the welfare and outward safety of the whole body and to be enemies to them or wish them hurt were to do it to themselves and by trying such conclusions to play the game of the common enemy to the utter ruine and destruction not only of the true freedome aymed at and contended for in the late wars but of the very persons themselves that have been in any sort active or eminent promoters thereof The Army considered as it is in the hands of an honest and wise General and sober faithfull Officers embodied with the rest of the party of honest men and espousing still the same cause and acting in their primitive simplicity humility and trust in reference to the welfare and safety of the whole body is the only justifyable and most advantagious posture and capacity that the good party at present can finde themselves in in order to the obtaining that true freedome they have fought for and possessing of it in the establishment thereof upon the true Basis and foundation as hath been shewed of right Government That wherein the offence lies and which causes such great thoughts of heart amongst the honest party if it may be freely expressed as sure it may when the Magistrate himselfe professes he doth but desire and wait for conviction therein is in short this That when the right and priviledge is returned nay is restored by Conquest unto the whole Body that forfeited not their interest therein of freely disposing themselves in such a constitution of righteous Government as may best answer the ends held forth in this Cause that neverthelesse either through delay they should be withheld as they are or through design they should come at last to be utterly denied the exercise of this their right upon pretence that they are not in capacity as yet to use it which indeed hath some truth in it if those that are now in power and have the command of the Arms doe not prepare all things requisite thereunto as they may and like faithful Guardians to the Commonwealth admitted to be in its nonage they ought But if the bringing of true freedome into exercise amongst men yea so refined a party of men be impossible why hath this been concealed all this while and why was it not thought on before so much blood was spilt and treasure spent surely such a thing as this was judged real and practicable not imaginary and notional Besides why may it not suffice to have been thus long delayed and withheld from the whole body at least as to its being brought by them into exercise now at last surely the longer it is withheld the stronger jealousies do increase that it is intended to be assumed and ingrossed by a part only to the leaving the rest of the body who in all reason and justice ought to be equally participants with the other in the right and benefit of the Conquest for as much as the war was managed at the expence and for the safety of the whole in a condition almost as much exposed and subject to be imposed upon as if they had been enemies and conquered not in any sense Conquerors If ever such an unrighteous unkind and deceitful dealing with brethren should happen although it might continue above the reach of question from humane judicature yet can we think it possible it should escape and go unpunished by the immediate hand of the Righteous Judge of the whole World when he ariseth out of his place to do right to the oppressed Nay if in stead of favouring and promoting the peoples common good and welfare self-interest and private gain should evidently appear to be the things we have aymed at all along if those very Tyrannical principles and Antichristian reliques which God by us hath punished in our predecessors should again revive spring up afresh and shew themselves lodged also and retained in our bosomes rendring us of the number of those that have forgot they were purged from their old sins and declaring us to be such as to please a covetous mind doe withhold from destruction that which God hath designed to the curse of his vengeance If all those great advantages of serving the Lords will and design in procuring and advancing his peoples true welfare and outward safety which as the fruit of his blessing upon our Armies have so miraculously fallen into our hands shall at last be wrested and mis-improved to the enriching and greatning of our selves If these things should ever be found amongst us which the Lord in mercy forbid shall we need to look any further for the accursed thing will not our Consciences shew us from the light of the Word and Spirit of God how neer a conformity these actions would hold therewith which sin Josh. 7. became a curse to the Camp and withheld the Lord from being any more amongst them or going out with their forces And did the action of Achan import any more then these two things First he saved and kept from destruction the goodly Babylonish garment which was devoted by God thereunto Secondly he brought not in the fruit and gain of the Conquest into the Lords Treasury but covetously went about to convert it to his own proper use To doe this is to take of the accursed thing which Josh. 7. all Israel was said to do in the sin of Achan and to have stollen and dissembled likewise and put it amongst their own stuffe This caused the anger of the Lord to kindle against Israel and made them unable to stand before their enemies but their hearts melted as water And thus far the Lord is concerned if such an evil as this shall lye hid in the midst of us But to return to what we were upon before The matter which is in question among the dissenting parts of the whole body of honest men is not so trivial and of such small consequence as some would make it 'T is in effect the main and whole of the Cause without which all the freedome which the people have or can have is in comparison but shadow and in name only and therefore can never give that peace and satisfaction to the body which is requisite unto a durable and solid settlement This is that which makes all sound safe at the root and gives the right ballance necessary to be held up between soveraignity and subjection in the exercise of all righteous Government applying the use of the sword to the promoting and upholding the publike safety and welfare of the whole body in preference and if need be in opposition unto any of the parts whilst yet by its equal and impartial administration in reference unto each it doth withal maintain the whole Body in a most delightfull harmony welfare and correspondency The sword never can nor is it to be expected ever will doe this while the soveraignity is admitted and placed anywhere else then in the whole Body of the people that have adhered to the cause and by them be