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A85413 Right and might well met. Or, A briefe and unpartiall enquiry into the late and present proceedings of the Army under the command of His Excellency the Lord Fairfax. Wherein the equity and regularnesse of the said proceedings are demonstratively vindicated upon undeniable principles, as well of reason, as religion. Together with satisfactory answers to all materiall objections against them. / By John Goodwin. Goodwin, John, 1594?-1665. 1648 (1648) Wing G1200A; Thomason E536_28; ESTC R188135 40,195 49

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take into consideration the substance of such exceptions Sect. 3. which can with any pretence of reason or colour of conscience be levyed against the lawfulnesse of it Afterwards if it be needful we will consider further whether those that be with it be not more or at least more weighty and considerable then those that are against it The first-born of the strength of those who condemn the said act of the Armie as unlawful lyeth in this that the Actors had no sufficient authority to doe what they did therein but acted out of their sphere and so became transgressors of that Law which commandeth every man to keepe order and within the compasse of his calling To this I answer 1. Sect. 4. as our Saviour saith that the Sabbath was made for man 1. for the benefit of man and not man for the Sabbath a Mar. 2. 27. so certain it is that callings were made for men and not men for callings Therefore as the law of the Sabbath though enacted by God was of right and according to the intention of the great Law-giver himselfe to give place to the necessary accommodations of men and ought not to be pleaded in bar hereunto in like manner if the law of callings at any time opposeth or lyeth crosse to the necessary conveniences of men during the time of this opposition it suffereth a totall eclipse of the binding power of it It is a common saying among the Jewish Doctors that perill of life drives away the Sabboth yea Master Ainsworth citeth this saying out of the Hebrew Canons Pericusunt vitae pelli Sabbati●… Circumcision in the time thereof driveth away the Sabboth and afterwards that perill of life driveth away all b Gen. 17. 12 13. So that as there were severall cases wherein as our Saviours expression is they who polluted the Sabboth were blamelesse c Mat. 12. In like manner there are very many cases wherein men may transgresse the ordinary law of Callings and yet be no transgressors Therefore unlesse it can be proved that the Armie had no necessity lying upon them to garble the Parliament as they did their going beyond their ordinary callings to doe it will no wayes impaire the credit or legitimatenesse of the action 2. Sect. 5. Nor did they stretch themselves beyond the line of their callings to act therein as they did Their calling and commission was to act in the capacity of Souldiers for the peace liberties and safety of the Kingdome What doth this import but a calling to prevent or suppresse by force all such persons and designes whose faces were set to disturb or destroy them Nor did their Commission I presume limit or conclude their judgements to any particular kind of enemies as if they had only power or a calling thereby to oppose or suppresse either such who should confesse themselves enemies or such who by the Interpretation or vote of any one party or faction of men in the Kingdoms should be reputed and deemed enemies but all such without exception whom they upon competent grounds and such as upon which discreet men in ordinary cases are wont to frame acts of judgement and to proceed to action accordingly should judge and conclude to be enemies Or if it shall be supposed that by their Commission they were limited to judge onely those enemies to the Kingdome with their abbettors and supporters who were in Armes with the King or on the Kings behalfe against the Kingdome in their Representatives those Parliament-men whom they have excluded from sitting in that house having notoriously discovered themselves to be men of this engagement friends and abettors of those who very lately were and yet in part are in armes against the peace and safety of the Kingdome in this consideration fall directly and clearely under their commission and consequently by warrant hereof they have and had a calling to proceed against them as they did 3. Sest 6. If the calling which the Parliament it selfe had to levy Forces against the King and his Party to suppresse them and their proceedings as destructive to the peace liberties and safety of the Kingdome was warrantable and good then was the calling of the Armie to act as they did in the businesse under debate warrantable and good also But the antecedent is true therefore the consequent also The minor proposition viz. that the calling of the Parliament to levy Forces against the King and his Party in order to the ends mentioned was every wayes warrantable and good I presume will not be denyed by the Parliament-men themselves Or if they should deny it they would but deny the Sunne to be up at noone-day inasmuch as the truth thereof hath beene brought forth into a cleare and perfect light by many pennes Mr. Prynne Sover Power of Parliamēts and Kingdomes yea and by their owne in many of their Declarations yea and Mr. Prynne himselfe hath set it up in a great Volume as upon a mountaine that it cannot be hid though by the fervency of his late Devotion to the Kings interest and cause he hath attempted the melting downe of that mountaine The connexion in the major proposition is valid upon this consideration Sect. 7. The Parliament or at least the Parliament men who did the thing had no other calling to oppose the King and his by force but onely the generall call of the major part of the people by which they were inabled to act in a Parliamentary capacity i. more effectually and upon more advantagious termes then singly or out of such a capacity they could for their good By this call by the major part of the people they were enabled onely in a generall implicit and indefinite manner to raise forces against the King and his complices for the safetie and behoofe of the Kingdome So that the particularity of this action was not warranted simply by the nature or tenure of their call but by the regular and due proportion which it had to the accomplishing of the end for which they were chosen or called viz. the peoples good From whence it followes that whether they had beene in a Parliamentary capacity or no yet if they had been in a sufficient capacity of strength or power for matter of execution their call to doe it for substance had been the same though not for forme And suppose there had beene no Parliament sitting or in being when the King and his party rose up in armes against the Peace Liberties and safety of the Kingdome doubtlesse if any one man had been able to have secured the Kingdome in all these against them his action had not been censurable for want of a calling to it in as much as every member as well in a body politique as naturall hath a sufficient call yea an ingagement lying by way of duty upon it to act at any time and in all cases according to its best and utmost capacity or ability for the preservation