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cause_n believe_v justification_n justify_v 1,647 5 8.0786 4 false
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A88803 The lawfulnes of the late passages of the Army (especially of the grounds laid downe for their justification in their late declarations of June 14. 1647.) / Examined by one who hath long beene a friend to the Army, and desires satisfaction. One who hath long beene a friend to the Army. 1647 (1647) Wing L647; Thomason E394_12; ESTC R201626 10,580 21

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these cases to set a price upon all such proceedings of righteousnesse and justice it being one Witnesse of God in the world to carry on a Testimony against the injustice and unrighteousnesse of men and against the miscarriage of Governments when corrupted or declining from their primitive and originall 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 your selves 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 Souldiers 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 justifie your not obeying the Parliament and otherwise it signifies nothing then 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 then 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 peoples 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 severall 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 onely 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 then which amongst men I cannot imagine what is a greater impiety Besides their refusing to obey the Parliament under whose Command they are or ought 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 finde them laid down in the Margent For the great Complaints that have been made to you although it were false that is reported as I have cause to beleeve that men are sent from the Armie to get hands to Petitions unto themselves thereby to draw the eyes of the people after them yet I doe conceive such Petitions ought not to be received by any who either by Protestation or Covenant have sworne to mean the Just power and priviledges of Parliament to whom of right it doth belong to heare 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 prejudiciall to the Publique yet it will be in vaine to those who doe truely make conscience of their duties for they will not be frighted into other mens fancies against their own judgements Yet if the Armie will give incouragement unto such Petitions and so set up themselves as a new Tribunall I beleeve they shall have worke in all places where they come for there men will be glad to doe that which may please them although they had no cause of complaint For the examples of Scotland Netherlands Portugals and some proceedings in this Parliament which you urge for your warrant I must answer in generall that presidents are poor proofs to justifie 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 lawfull Yet all those instanced in comes far short of your case for it can be said of none of them That they acted supreamly by their own power having no Civill power or Magistrate to declare with them or for them And although my businesse be not to search into the grounds or proceedings upon which other Nations have taken up Arms yet being called to it I must clear the misapplication to Scotland and especially to our selves 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 illegall impositions and innovations strongly endeavoured to be thrust upon them yet they did not enter into any Covenant nor raise any Army untill the Civill 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 supream Authority and Command And although both the first and last Armies raised in that Kindom 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 proceedings 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 mixt Government in this Kingdom consisting of three Estates One of these which was