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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
things that are needfull to such as are wary by a Mariners shout he shall take care lest the Common-wealth receive any detriment and shal preserve the Kingdome even against the Kings wil and resistance by WHICH HE HIMSELF BECOMES A KING and shall cure the King himselfe as a frantique man by BINDING HIS HANDS AND FEET if he may not otherwise doe it Thus farre Mr. Prynne and full far enough to justifie whatsoever is said in these papers for the justification of the Army in their binding the hands and feet of some frantique Parliament men as himself in a Platonick strein phraseth those who either thorough malice or slothfulnesse shall betray those whom they have undertaken to protect It were easie to multiply instances of like import But by what hath been argued the nullitie of that argument against the proceedings of the Army drawne from the defect of a calling to act as they did fully appeareth A second Objection is this Sect. 13. They resisted Authority or the powers lawfully set over them The second maine objection and therein the ordinance of God therefore their fact is to be condemned and cannot be justified I answer First To resist Authority imports either a detracting or denyall of obedience to the just commands of Authority or else the ingaging of a mans selfe to dissolve and take away Authority Now certaine it is that the Army in that act of theirs now in question neither did the one or the other First the authority of Parliament had made no such Act passed no such Vote that none of their Members though voting or acting never so palbably or with never so high an hand against the Interest peace and liberties of the Kingdome should be debarred sitting in their house In which respect the Army debarring those Members which had thus voted and acted from sitting in that House did not resist Authority in the former sence Or in case it should be supposed that the authority of Parliament had made such an act or passed such a Vote as that mentioned unlesse the equity and justnesse of it could be sufficiently cleared the crime of resisting authority could not upon any sufficient ground be imputed to those who should decline obedience to it Secondly Sect. 14. neither did the Army in the aforesaid act resist authority in the latter sence because what they did no way imported any dislike of Parliament authority nor had any tendency towards the abolition or taking of it away but onely implyed a disapprovement of the factious carriage of things in this present Parliament as evidently bent against the safety liberties and well beeing of the Nation and tended withall towards a prevention of the like or worse for the future But as for their approbation of and resolutions to maintaine Parliaments and Parliamentary authority stared and formed in a regular and due proportion to the behoofe and benefit of the Kingdome they stand abundantly declared to all the World in their late Remonstrance If it be here yet further said Sect. 15. yea but though it should bee granted that they did not resist Authority in either of the two considerations specified yet they did that which was worse or every whit as bad as either of them For they offered violence to persons in authority and would not suffer them to act in that authoritative capacity which was lawfully vested in them To this also I answer First it is lawfull for any man even by violence to wrest a Sword out of the hand of a mad man though it be never so legally his from whom it is wrested The reason is because in case a man that is mad should be let alone with a Sword in his hand either untill he be willing of himselfe to part with it or untill it can be recovered from him by a due processe and course in Law there is a probability in reason and according to the frequent experience of the workings of such a distemper that he will doe much mischiefe with it in the meane time and the lives and limbs of men are to be preferred before the exorbitant wils or humours of men underdistemper This is the very case in hand The Members of Parliament dis-hous'd by the Army were strangely struck with a politicall phrensie as Plato tearmeth it they acted as men bereaved of their senses that had quite forgotten the businesse committed unto them and that knew or understood nothing of matters relating to the peace or well being of the Kingdome or of those who had intrusted them with their power their counsels and votes of late still smil'd upon their owne enemies and the grand and most inveterate enemies of the Kingdome but frown'd and look'd gastly upon their friends and those that had constantly guarded them with their lives and estates Hic furor haud dubius haec est manifesta phrenesis i. This madnesse is without all doubt And phrensie manifest throughout Now then Parliamentary power being in the hands of these men but as a sword or speare in the hand of a man distraught in his wits and senses wherewith hee is like to doe little or no good but in continuall danger of doing much harme it might very lawfully and with the full consent of all principles of reason equity and conscience be se'zed upon and taken from them by a strong hand for the prevention of such mischiefes and miseries which remaining in their hand it daily and hourly threatened to bring upon the whole Nation and Kingdome Secondly Sect. 16. The King had as legall and formall in investiture into to the power of the Militia of sitting in Parliament c. as these men had unto their Parliamentary places and trusts yet did not the Parliament unjustly or contrary to rules of equity upon a plenary discovery of a bent in his will and counsels to suppresse the liberties of the Nation to deprive him and that by force of the injoyment and exercise of those interests and priviledges notwithstanding the legality of their investiture in him Therefore upon a like discovery of the same bent in the wils and counsels of these Parliament men the lawfulnesse of their elections into their places of trust cannot reflect any unlawfulnesse upon that act by which they were removed from or debarred of them Thirdly Sect. 17. and lastly there is no Clyent that hath enterteined a Lawyer or Advocate to plead his cause but upon discovery yea or jealousie of prevarication and false-heartednesse to him in his cause may lawfully discharge him his entertainement notwithstanding There is the same liberty in a Pupill or person in his minority to dis-entrust his Goardian how lawfully soever chosen upon suspition of male-administration or unfaithfulnesse And why should the like liberty be denyed unto a people or Nation for the removing of such persons whom they have chosen for Guardians to their Estates and Liberties from these places of trust when they evidently discerne a direct tendency in
what we have argued and related from learned and judicious men in this point evident it is both by the light of reason as also from the testimony of very competent witnesses that whatsoever the Lawes of the Land be the Army could be no transgressors of any of them in standing up and interposing as they did to vindicate the publique liberties of their Nation in such a case of necessity as that before them A fift Objection Sect. 43. wherewith some strengthen and comfort themselves against the deportment of the Army The fift great Objection hitherto justified is this The example of the fact must needs be of very dangerout consequence to the Kingdome For by the same reason and upon the same account that the Army opposed the present Magistracy and proceedings of the publique affaires amongst us any other party of men making and finding themselves strong enough for the undertaking may at any time attempt the like disturbance and confusion and so the Kingdome shall be alwayes in danger of the like combustions and broyles I answer First That the lawfulnesse or goodnesse of an action is not to be measured or judged by what may follow upon it by way of sequell or event but by what is like to follow upon it and this not by accident or by misconstruction but according to the native tendency proper ducture and inclination of it It is wittily said by one that he that goeth about to read the badnesse or goodnesse of an action by the event bolds the wrong end of the booke upward Christ did not amisse in giving a sop to Judas though presently upon the receiving of it the Devill entred into him and prevail'd with him to betray him very suddenly Nor would it argue any thing amisse in what the Army did though never so many troubles and tumultuous risings of people should breake out upon pretence of it The reason is because as the grace of God it selfe though a thing of most incomparable sweetnesse and worth may neverthelesse be yea and daily is turned into wantonnesse and much sin and wickednesse occasioned by it in the World so and much more may the most worthy actions and services of men bee compelled to pretence the worst and vilest deedes that lightly can bee perpetrated Therefore Secondly Sect. 44. Suppose the Army should have apprehended not onely a possibility but even a probability that that fact of theirs we speake of would beget out of its owne likenesse and occasion disturbances of quite another genius and spirit from it selfe yet might it have been sinfull and unworthy in them notwithstanding to stand still and not to have acted as they did The reason is because when seed-time is come men must not observe the windes nor regard the clouds when it is time to reape As men must not doe evill that good may come of it so neither must they forbeare the doing of good because evill may come of it Men are bound to sow the seed of good actions though they had some cause to feare that an increase of Dragons would spring from it But Thirdly Sect. 45. That no action of any bad consequence to the Kingdome can truly plead legitimacy of descent from this of the Army is evident thus Where there is not a concurrence of the same circumstance I meane either formally or equivalently the same there can be no place for exemplarinesse or likenesse of action And when there is or shall be the like politicall constellation with that under which the Army acted the like action cannot in the direct and native tendency of it be of any ill consequence to the Kingdome The killing of a man by Titius being assaulted and in his owne defence is no ground so much as in colour or pretence for Sempronius to flay a man travelling peaceably by him on the way Fourthly Sect. 46. Nor is it like that the action of the Army wee speake of should by any back-doore of misconstruction whatsoever let in mischiefe or disturbance into the Kingdome considering that it was performed and done in due order to such a provisionall settlement of affaires in the Kingdome that as far as is possible there may neither occasion be given on the one hand nor opportunity left on the other to any party or number of men to attempt any interrupture distraction or disturbance therein Therefore to pretend or plead that the said action of the Army is like to cause future trouble or disturbance in the Nation is as if a man should say that to build an house strong wals doores and windows were of dangerous consequence to invite theeves to assault and break into it Fifthly and lastly The action of the Army is not disparageable by any possibility or likelyhood of evill Sect. 47. that it may occasionally bring upon the Kingdome afterwards more then the preservation of a man from imminent death is reproveable because by it he is occasionally exposed to dye another time They who conceive that it had been better for the Kingdome and more conducing to the peace of it in after times that the Army should have sate still and not interpose as they did argue at no better rate of reason then I should doe in case I should perswade my friend being dangerously sick not to use the helpe of a Physitian for his recovery because in case he did recover his recovery might prove a probable occasion of more sicknesse unto him afterwards Quis furor est ne moriare mori i. What madnesse is' t through feare of future death To wish my selfe depriv'd of present breath If the Army had not applyed that plaister of fteele to the boyle or plague-sore of the Kingdome which they did there had been little or no hope of the recovery thereof from that politicall death the symptomes whereof had so strongly seized the vitall parts of it So that though the cure in processe of time should prove an occasion of a relapse or bring the like distemper againe upon it yet as Hezechiah was not without cause thankfull unto God who made an addition of fifteene yeares unto his life after his sicknesse unto death though this addition did not excuse him from dying afterwards So shall the people of the Nation have just cause of thankfulnesse unto the Army for those dayes of freedome and peace be they fewer or be they more which they shall enjoy though slavery and oppression should returne upon them afterwards like clouds after the raine Another Objection Sect. 48. deemed by some impregnable and above answer The sixt main Objection is framed by way of inference from Rom. 13. 1 2. Let every soule be subject to the higher powers Whosoever therefore resisteth the power resisteth the Ordinance of God and they that resist shall receive to themselves damnation From hence the Army are concluded Transgressors and liable to condemnation because they resisted the higher powers and therein the Ordinance of God But with this