Might Overcoming Right, Chapter 2
CHAP. 2.
Sect. 1.
Now Mr. Goodwin proceedes to a ſecond objection, from the Armies reſiſting lawfull authority, or the powers ſet over them, and therein the Ordinance of God. View the argument in its full proportion, and I doubt not but it will be ſound Herculean.
THey that reſiſt lawfull powers, who they acknowledge lawfully ſet overthem, and to whom theſe ſhould be ſubject for conſcience ſake; They defile themſelves, and incur damnation. The Army in their late forcible act on the Houſes, did reſiſt lawfull authority, lawfully ſet over them, to whom they o…ght to be ſubject for conſcience ſake: Therefore the Army by that act did defile themſelves, and make themſelves ly able to damnation. The Major is the Apoſtles, Rom. 13.1.2.34. and now let us ſee how Mr. Goodwin quits him from the Minor.
He anſwers, [That to reſiſt authoritie imports two things; A deniall of obedience to the juſt command of authority; pag. 11.But this is not all, there is reſiſtance in oppoſing authority in legall commands, whether juſt or unjuſt; if they be legall, they be obligatory to the ſubject, either in regard of doing or patient ſuffering, or elſe the advice were of little uſe to thoſe that lived in heathniſh Common-wealths, and under Emperours, none of the beſt, but many times the worſt of men; But, ſaith he, [The Houſe had given out no ſuch Commandment, that none of their Members ſhould be ſeazed, though Voting never ſo palpably againſt their truſt; But though they have not Voted things in ſuch au abſurd way, yet have they declared (upon occaſion of the Kings demand of five of their Members,)pag. 11, that the arreſting of any Member whatſoever, without a legall proceeding againſt them, and without the conſent of the Houſe, whereof ſuch perſon is a Member, is a breach of priviledge of Parliament, and the perſon that ſhall arreſt any ſuch Member of Parliament, is declared a publique enemy of the Common-wealth, Die Lunae Janu. 17. 1641. And this I hope Mr. Goodwin, and the Officers of the Army did not then thinke unreaſonable; and ſo into what condition the Army have put themſelves by that Declaration, is evident, But Mr. Goodwin would have no act binding, p. 11unleſſe the juſtice of it may be ſufficiently cleared: It this muſt be in the judgement of their oppoſites (which it muſt be, or elſe it will not ſerve his turne) ſure it is a tenent that deſtroyes all Government.
Sect. 3.
But Secondly, [He ſaith reſiſting imports an ingagement, to take away authority, but that they did not they declare their approbation and reſolution, to maintaine authority Parliamentary, &c.] But what more ridiculous, or hypocriticall apology can be made, then to ſay, they will maintaine authority, when it is onelyonly ſo much, and ſo farre as it will be ruled by, and ſute their conceipts? which is indeed to ſubdue not to maintaine authority, as they pretend.
But he objects againſt himſelfep. 12. [That if the Army did not in either of his ſenſes reſiſt Authoritie, yet they did what was worſe, offer violence to perſons in Authoritie, &c. He anſwers, Its lawfull by violence to wreſt a Sword out of a mad mans hand, &c.] An eaſie, and readie way to de-throne all Authoritie, if ſaying they be mad will ſerve the turne, when they are neither in drinke, paſſion, nor under any other ſymptome of ſuch unnaturall diſtemper: Beſides, I have proved, that the madneſſe that is lyes at the doores of their oppoſites, and ſure elſe they would never runne on ſo confidently, as they doe, in irregular wayes, and yet pretend to ſo much conſcience.
Sect. 2.
He anſwers,p. 13. ſecondly, [That the King had as legall an inveſtiture into the power of the Militia, of ſitting in Parliament, &c. as alſo men had in their Parliamentarie truſt, yet did the Parliament upon a diſcoverie, &c. deprive him of this power.] Firſt, what power the King had in the Militia by Law, is not within my element to determine. But if that Principle layd down by him be true, for ought I know, its likelier to draw the Parliament into a communitie in erring, then exempt the Army, Beſide, The King did at firſt leave the Parliament, and their chiefe overture of Warre, was to bring him to, not keep him out of Parliament; And that he hath not beene re-admitted e'r now, I think he may chiefly thank ſome of your Party.
Sect. 4.
He anſwers, thirdly, [As a Client may caſt off an Advocate, whom he ſuſpects, or a Pupill his Guardian, &c.] But firſt, Can a Pupill caſt off his Guardian till he be fourteene yeares of age, when he is inabled thereto by Law? But to compare alſo the Parliament to a mercenarie Advocate, is baſe and ridicuous. Beſides, if the Parliament be Guardians, it is of the Nation, not of them onelyonly. Who made them Truſtees to caſt them of for the whole Nation?
Sect. 5.
But he Objects againſt himſelfe, firſt,p. 14. [That the Parliament were Judget lawfully, Constituted of the Kings Delinquencie. But the Armie not ſo, in regard of the Parliament. He anſwers, That if wee meaſure the Parliaments judicature, by the peoples call, the Armie hath every whit as lawfull a Conſtitution to judge who are enemies, &c. as the Parliament; as he hath proved.] But the folly of that proofe hath bin manifeſted, for they had no call at all from the people, but from the Parliament: And that call was not to be Judges, but Actors, according to the judgement of Parliament: And this they did uſually profeſſe, and promiſed to the Parliament, as long as the Parliament pleaſed them. [What he addes of explicit, and implicit call from the people.] Its nothing for him, for the Armie had neither. The implicit, I have diſproved; [explicit he confeſſeth, they had none, for want of opportunitie at the preſent: Nay, he confeſſeth, That the generalitie of p…ple diſ-reliſh their Act, but they are in a Phrenzie too.] A ſhort cut to make a man abſolute Maſter of his Actions to dub every one mad, that oppoſeth him. But it is the moſt inſolent, and mendicant way, that ever was avowed by a Scholar.
But ſecondly,p. 15. He ſaith [The inveſtiture of the Armie into the judicature, which they have exerciſed, is by a Law of greater Authoritie, then any the Parliament can pretend; that is by the Law of nature, neceſſitie, and love to their Countrey.] For his Law of nature, and neceſſitie, they are all one in his account. For his Law of love, they were juſt acted by it, as Saul when he ſlew the Gibeonites in Zeale to the children of Iſrael, 2 Sam. 21.2. and a like pleaſing to God. But the Armie acted againſt their Perſonall Oath, Saul onelyonly againſt the oath of his Anceſtours.
Sect 6.
But he Objects againſt himſelf,p. 16. [That the neceſſitie might be pretended, not reall. Pretence of neceſſitie is eaſie, but not ſo eaſie a thing, to deſigne what that neceſſitie is, which is authorized by God with a ſuſpenſive power over humane Lawes.] Its very true, that pretence of neceſſitie is eaſie, and the difficultie in deſigning that Authoritie, which hath no Law, great. And yet it will be a greater difficultie to prove the Armieunder that neceſſitie, both which lyes on you; but let us ſee how you proceed.
He anſwers,p. 16 17. firſt, [That every man hath power given him in judging of perſons, or things, in reſpect of themſelves, and with relation to what concernes themſelves, by way of dutie, to doe, or to forbeare, &c.]
This is in a right ſenſe true, that man being a Rationall creature, and ſo to doe his actions in judgement, and wiſedome. He is to judge of every thing, that is before him, whether it be good, to be acted, or bad, to be omitted. But this is as cleare a Principle: That he is to judge of things by Rule, and one plaine Rule is, That Publique things are to be done by publique authoritie. And in ſuch matters, the judgements of publique perſons, uſing their beſt skill, ought to preponderate private judgements, at leaſt to prevent contrarty acting. Or elſe wee muſt fall into confuſion, and have all authoritie overthrowne, and Apoſtolicall precepts touching ſubjection to Principalities, and Powers, quite enervated. And this cleare Principle they walke by, that judge the Armie guiltie of groſſe uſurpation in their force upon the Members. And therefore doe not uſurpe upon them, nor are injurious to them, in ſuch cenſures, as expoſe them to no more diſ-repute for this fact, then it deſerves.
Sect. 7.
But he proceeds, [To prove the ſentence which the Armie paſt on the Members, as meet to be diſpoſſeſt of their Parliamentarie Authoritie, not to he erroneous either for want of skill in judgement, or for want of care in putting forth that skill. And why? Becauſe for ſome probabilities, to wit, That the Royall Partie, by agreement, p. 18. 19.would have had and improved opportunitie to have taken revenge on thoſe, whoſe hands had beene heavie upon them to inrage them, and who had ſhewed moſt courarge for the Parliament.] But the Parliament it ſelfe, upon more probable grounds (as I formerly ſhewed) have judged their way to be for the Peace and ſafetie of the Kingdome, in compoſing differences in ſuch a way, that they ſhould by Law have eſtabliſhed, all that for which they had ſo long contended for, and all ſecuritie they could demand, for the preſervation of it. And their judgement ought to be binding to all under their Authoritie to acquieſe in it, at leaſt ſo far, as not to oppoſe it forcibly.
Sect. 8.
He proceeds,p. 20. [Its no ſuch difficult matter to judge of ſuch emergent neceſſities, which is authoriſed by God to ſuſpend humane lawes. He inſtances Mat. 12.3, 4, 5. in hunger.] But here you muſt note the neceſſitie of hunger, doth onelyonly ſuſpend a ceremoniall (not a morall) Law, as that about Shew-bread; or if you apply it to the Sabbath, that was onelyonly morall by inſtitution, not by nature, and ſuch a morall differs little from the ceremoniaell, but in perpetuitie. Hunger will not diſpence with that naturall law, Thou ſhalt not ſteale, as I have proved from Prov. 6.30, 31. Men doe not deſpiſe a thiefe, if he ſteale to ſatisfie his ſoule, when he is hungry. But if he be found, he ſhall reſtore ſeven-fold. So the neceſſitie of hunger makes not theft, no theft. And thus much Mr. Goodwin in effect confeſſeth:p. 21. [In his caution, where he ſaith, When wee ſeeme to approve of that Principle of the Jewes perill of life drives away all; wee intend not to ſay, That men may lawfully tranſgreſſe every precept of God. As for example: Men may not lye, forſweare themſelves in ſuch eaſes.] Wherein he hath ſaid enough to confirme my anſwer, and …o cut the throat of that Cauſe, which he would maintaine.
For was not the ſeizing of the Parliament-men, a manifeſt breach of that priviledge, which they had Sworne to maintaine? What is a priviledge of Parliament, if that be not, that their perſons be free from violence, in and for Voting according to their conſciences, upon the probableſt grounds that they can diſcerne? If this neceſſitie doe not give a man leave to be forſworne, as he confeſſeth, it cannot be their diſcharge in this fact. And undoubtedly, the law of an oath, is of abſolute and indiſpenſable authoritie, and ſo judged hitherto by all but that Antichriſt, who for aſſuming to himſelfe authoritie to diſpence with oaths, is evinced to be that Man of Sin, who in the Temple of God, ſits as God, 2 Theſſ. 2.3, 4. Neither let any man deceive himſelfe, by thinking that neceſſity doth not give leave to be perjured, but by this neceſſitie the oath was not binding, & ſo breach of the oath was not perjurie. For ſo the Papiſts ſay in making it excuſe theft, in caſe of neceſſitie taking what is anothers ceaſeth to be theft; and yet this Mr. to Goowin, I ſuppoſe likes not, for he ſaith, We may not lye, in caſe of neceſſitie, and not to ſteale, is a command of the ſame ſtampe.
It being therefore clear that the act of the Army was both againſt their Word, and Oath, and Mr. Goodwin confeſſeth that neceſſity diſpenſeth not with an Oath, or a Ly. I need adde nothing to what he ſaith concerning humane Lawes, Though I muſt tell him that many humane Lawes, are but the backing of Divine Lawes with civill ſanction and penalties, becauſe carnall men are ſenſeles of ſin againſt God, and fearleſſe of his threatnings, and ſuch lawes are as indiſpenſable as the Laws of God themſelves, being but the Laws of God, put out in a Politicall dreſse. And ſuch is the Law of man, for private men to be ſubject to the Lawes, and Votes of thoſe, that are clothed with authority over them, thus far as not to reſiſt them, or riſe up in rebellion againſt them, for this is required by a Law, that Commands things morally, intrinſecally good, and forbids the contrary, Honour thy Father and thy Mother, and ſo much for that Objection alſo.
But he proceedes to another Objection, [That at leaſt many of the Parliament men, diſturbed in their way, were religious, and conſcientious men, and voted, and acted what they did conſcienciouſly judging the courſe they ſteered ſafeſt, &c. And is it not contrary to Reaſon, and Religion, That ſuch men upon ſo faire an account, ſhould be uſed ſo fowlly? But I would rather frame the Objection thus, when wiſe and conſcientious men, cloathed with authority, do act conſcientiouſly, and according to their beſt skill, determine a way for publique weale. No private perſons can have place left for the plea of ſuch a neceſſity, as may authoriſe them againſt the rules of order, to reſiſt them. For that neceſſity, that diſpenſeth with Lawes, muſt not be probable only, and diſputable among men of equall parts, and integrity: But apparant and imminent, which the conſcientiouſneſſe of the Members oppreſt proclames to be otherwayes, in the caſe in hand. But now what ſaith he. 1 After an oblique reflection upon their Religion in a parentheſis, hee anſwers though they be religious, yet they be men, and ſo have not that Divine prerogative James 1.13. to be untemptable to evill, and then addes an uncharitable, and to men in authority, an arrogant inſinuation. They that are capable of receiving of gifts, or of any inordinacy in their deſires after earthly accommodations, how wiſe ſoever, are jubject to have their eyes blinded. But doth hee not ſee how this may be retorted, are the army above temptations? Above ordinances ſome may be, and that is to be overcome of temptations, but above temptations he will not ſay they are, I ſuppoſe; And do not the Army and their party receive gifts and accommodations? who equall to them in this Kingdome? many of them from ſo meane and defective a condition riſeu to ſuch a ſhining condition? Beſides though the Parliament men be not untemptible, their determinations are uncontrouleable, by inferiours, as ſubject to temptations and poſſeſſing more advantages by diſtractions, then they were like to get (at leaſt moſt of them) to themſelves in particular, by accommodations.
Secondly, ſaith he, when men are religious onelyonly to a mediocrity and withall ſervile in their judgements to ſome principles, with great confidences obtruded on their conſciences, for ſacred truthes and yet full of enmity to a thorough dependance on God, they may become twofold more the children of feare, and more capable of diſmall impreſſions from the World. By which obſcure paſſage, I confeſſe I know not what he glanceth at. But me thinks he hath no great cauſe to upbrayd them with feare, who did with that reſolution reject the motion of ſuch an Army, and after a Vote, ſo highly croſſe to their deſigne, paſſed through them, ſo in armes, to proceed in their diſcharge of their truſt. Let Mr. Goodwin pleaſe himſelfe and his followers, with his black inſinuations, but all unintereſſed men will believe that action ſhowes them above feares, and that they had not loſt, but recovered that noble ſpirit, that once moved in Nehemiah, ſhall ſuch a man as I flie? I might alſo oppoſe to his old ſaw, that feare is a bad counſellour, another as authentique Prudens magis metuit, quam ſperat. The prudent counſellour is apt rather to feare then confidence, and Ariſtotle gives it as an effect of feare foreign feare makes deliberative, Rhet. lib. 2. c. 6. But ſaith he ſecondly, When Religious men ſin againſt the common liberties of a Nation, and make one purſe with the thrice declared enemies of the Nation; here then the law of nature, and neceſſity cannot ſtand to make inquiry after ſuch a difference, &c. But firſt how falſe this ſuppoſition is, in reference to the oppreſſed Members, I have formerly ſhewed proving the goodneſſe of the way they were in. And againe there cannot be more ſenſeles boldnes, then to call ſuch an agreement, ſo much to the advantage of one party, and to the burthen of an other, making one purſe with them. And laſtly, ſo long as the neceſſity is ſo obſcure that ſo many wiſe, and good men, apprehend ſafety not danger; There can be no neceſſity ſo apparant, as to authoriſe inferiours, to riſe againſt their ſuperiours, to the violation of that Ordinance of God wherewith the ſuperiours are clothed.
Hee addes fourthly That the corruption of the beſt men is worſt, with ſuch other flouriſhes in themſelves true to dazle the eyes of his unwary Reader, wherein he ſtill begs the queſtion, that theſe men were corrupted,pag. 26, and waves the force of the argument, which is, that being the Parliament men were not only by their places more able to judge, but by their conſcientiouſnes, like to put forth their abilities to the beſt advantage. The courſe that ſuch approve cannot be thought ſo apparantly deſtructive, as to give juſt cauſe to pretend ſuch apparant neceſſity of danger, as to break Lawes humane and Divine, ſeen only by men, that can pretend to no more of ſcience, or conſcience, then thoſe whom they reject.
He addes fifthly For any hard meaſure objected to bee uſed againſt the Parliament men, he anſwers, Hee knowes not bow the Army could walke toward them with a ſofter foot. How doth affection blind men, could not they have uſed more ſoftnes, then leave ſo many of them in Hell all night, without any accommodations for reſt? And what menaces have bin caſt out, againſt the lives of ſome of them, ſeparated from their brethren, into a place of ſtraiter cuſtody, & of greater terrour, but all ſufferings are light with ſome, that light not on them and theirs. For cloſe of this, becauſe he hath caſt out ſome oblique and ſome more direct glances, at the Religion, and integrity of the ſecluded Members. I will make him this offer. That if the ſecluded Members, be not as free from rayſing advantage during the late troubles, and have not given as good ſatisfaction to the World, both of their knowledge, integrity, and affection to Religion, as ſo many, chuſe them where they can, of the ſame truſt, that approve of their neceſſity, let them carry the cauſe among men. But if not their pretended neceſſity, is not like to be the genuine iſſue of a faithfull brain and heart.