A clear and full VINDICATION Of the late Proceedings of the army Under the Conduct of his excellency, Sir Thomas Fairfax, BY Certain Positions, built upon Principles and Grounds both of Religion and sound Reason.  
Wherein the power of the Magistrate is stated and bounded, and the just Liberty and privilege of the People asserted, in point of Civil Government.  1 SAM. 14.45. 
And the people said unto Saul, shall Jonathan die, who hath wrought this great salvation in Israel? God forbid: As the Lord liveth, there shall not one hair of his head fall to the ground: for he hath wrought with God this day. So the people rescued Jonathan, that he died not.  
LONDON, Printed for William Larnar, and are to be sold at his shop at the sign of the blackmoor in Bishops gate street. 1647.   

The Contents.  

1. Position. That the end and true intent of civill government in Nations and kingdoms, is the safety and prosperity of the People therein.  
2. Position. That the safety and prosperity of the People is the supreme Law.  
3. Position. When supreme Magistrates or higher Powers do not answer the trust reposed in them, in providing for public peace, then those that are subordinate are to undertake it.  
4. Position. When Magistrates shall under colour of that Authority which they are lawfully possessed of for the good of men, do or command things to be done heterogeneal to that authority, and which are of an open and manifest tendency to public prejudice: the people themselves not onely stand clear of any engagement thereby of submitting thereto, or of being aiding or assisting therein, but they also both may and ought to endeavour the prevention of such mischief, and when so far as they have an opportunity so to do.  
5. Position. That the ordinary, common and standing laws and usual methods of proceeding in a Nation appointed and concluded in ordinary and common cases for government and security: may in cases extraordinary be declined, and extraordinary means and ways made use of in their stead, for the preservation of the public peace and freedom.  
6. Position. That the People of a Land are not so concluded by the Votes and Determination of those that have a Legislative power, but that they have a liberty of examining and trying the justness and equity of them, and of dissenting therein upon grounds of non-satisfaction.    

A clear and full Vindication of the late Proceedings of the Army under the Conduct of his Excellency Sir Thomas Fairfax, BY certain Positions, built upon Principles and Grounds both of Religion and sound Reason.  
IT hath been, as the ardent desire, so the great work and labour of some both by discourse, preaching, and writing, to render odious the late proceedings of the Army, under the command of his Excellency Sir Thomas Fairfax, and by misrepresentations both of their intentions and actions, to undermine that credit and honourable respect which they( through the good hand of God upon them) had purchased in the minds of men by their former unwearied pains, great hazards, faithful deportment, honourable and valiant achievements, through the blessing whereof the Nation began to return again unto her rest. But to the end that no man might take away from them that crown of honour which God hath set upon their head, they not having made forfeiture thereof, and to the end that no mans confidence concerning their integrity might be shaken, by the cunning insinuations, envious and malicious calumniations of malevolent men, and to the end also that mens thoughts might stand right touching the proper power of the Magistrate, and the liberty and privilege of the people, and that men might not through mistake, cause these to fall foul one upon another, which God hath appointed mutually to support each other therefore I have for the present briefly said down some few Positions, which( 〈…〉 ivill bee found serviceable, as to all the forementioned ends, so especially in clearing the innocency of the Army in their late transactions. And these Positions are as follows;  

1. Position. That the end and true intent of Civill Government in Nations and kingdoms, is the safety and prosperity of the people therein.  

The Demonstration.  
The great God of all the world being goodness itself, the proper issuings and shinings forth of this nature of his upon the world, as in other providential Administrations, so in his counsels and Constitutions for the ordering and governing the Inhabitants of the earth, are all calculated and cast for the benefit and accommodation of the children of men. It being more natural to God the supreme good, to do good unto the world, then it is for the Sun to shine upon it: Therefore, as all the laws, Statutes, Commandements, Institutions and Ordinances which God hath in general given unto men, are in the intention of him their author, and in their own nature of that make and tendency, as that the face of them is set to promote the peace and tranquillity of the sons of men, Deut. 10.13. To keep the Commandements of the Lord and his Statutes, which I command thee this day for thy good; so also that particular Ordinance of God( as it is called by the Apostle) of Powers, Governments, and Magistracy, is of the same temper, bears the same denomination, and travels with the same design, to wit, the good of men, Rom. 13.4. For he( viz. the Magistrate) is the Minister of God to thee for good.  
That which our Saviour speaketh of, that particular Law or Institution of God, the Sabbath, is true concerning all the Commands or Institutions of God, and so consequently of this touching Magistracy. The passage is this, Mar. 2.27. The Sabbath was made for man, and not man for the Sabbath; i.e. Man was not created to accommodate the Sabbath, but contrarily the Sabbath was instituted by God for the sake and accommodation of man; even so men, that is, the generality of the people of a Nation, are not made for Magistracy and Magistrates, viz. for their sakes, and to accommodate them, unless it be understood in a relative and subordinate sense, and so far as that rule of equity extends, that he that feeds a flock eats of the milk thereof, 1 Cor. 9.7. but both Governments and Governours are made and appointed by God, for the benefit and service of men, and are subjected to their good by the will and appointment of God.   

The Application.  
1. Then Princes have no Prerogatives, nor Parliaments any privileges, but such as are consistent with, and no ways prejudicial to the common good of men. For all the power derived on the one, or upon the other, is wholly in relation to, and to be improved for the common good of the Nation; and therefore not at all to the damage or detriment of it.  
2. Then the present preceedings of the Army under command of his Excellency Sir Thomas Fairfax, that worthy general, are not Anti-Magistraticall; because the utmost they lift up their hand or desire unto( so far as is visible) is the making of crooked things strait; the removing obstructions of justice, the taking off of burdens, the clearing of all mens interest, and the putting of each man into a secure possession of that which is properly his. Which undertaking of theirs, holds a sweet and lovely compliance with the proper business of the Magistrate, which is the promotion of common freedom, justice, and peace. And if they move towards the same end at which the Parliament of its own accord should aim, and put their hand to the same work and service, they cannot be looked upon in these their proceedings, as opposers, but as promoters of the just proceedings of Parliament, according to that divine saying in the lips of our Saviour, Mar. 9.40. He that is not against us, is on our part.    

2. Position. That the safety and prosperity of the people is the supreme Law.  

The Demonstration.  
If Governments and Governors are subordinately appointed by God for the good and welfare of men, which is the assertion of the former position; then certainly the peace, safety and prosperity of the people, are things superior to Governments and rulers themselves, and more inviolably to be observed, then the injunctions of any men in authority whatsoever. Answerable hereunto is that known principle, Salus populi suprema Lex, the safety of the people is the supreme Law. And may be further argued and made good by that agreement it hath with that maxim in reason, viz. The end is more 〈◇〉 then the means. For means still take place for the ends sake, and are subservient thereunto. The glory of God being the supreme end 〈◇〉; and for which all things were made, is therefore more sacred, and of greater dignity and worth then the whole creation itself; and sooner shall all things be turned to nothing, then that diminished. And therefore evident it is, that the end doth command and govern the means, and not contrarily the means the end. But now Ordinances of rules and government, and Governours themselves are but the means, and the safety and prosperity of the people is the end of those means; as was proved in the former Position: And therefore the safety of the people is superior to the highest Authority vested in Magistrates, and is to command and govern the same in its several actings and motions; and not only it, but who, or what ever is in subordination thereunto.   

The Application.  
It was upon this ground the Parliament first invited the people to take up the sword to assert and vindicate the undoubted rights and immunities of all the freeborn people of England, against all usurpations and oppositions of men whatsoever; as appears by many expresses of theirs to this purpose. And the Army in obedience to the said supreme Law continues still to hold up the same sword, until the great end be attained for which is was first handled. And as the sword was not taken up only or chiefly for the sake of those who were chosen into place of rule and Authority, but for the sake of the whole nation, whom by it they were defended: So neither is it to be laid down again mecrely or only upon the Command, or for the sake or pleasure of any one sort or rank of men, but when the great occasions and necessities of the Nation will permit. It was common safety called for it, and when common safety hath no more need of it, it is not to be born in vain.    

3. Position. When supreme Magistrates, or higher powers do not answer the trust reposed in them in providing for public peace, then those that are subordinate are to undertake it.  

The Demonstration.  
If the higher powers( whose duty it is to lead the way, and to be first in all honourable actions and administrations relating to the peace and safety of the common-wealth) shall degenerate from being loyers of the people, and shall become their haters, and instead of having them out of the hands of their oppressors, shall become oppressors of them themselves, thereby rendering themselves( at least to such a degree) unserviceable to the Commonwealth, and unuseful as to the end of their calling; I say in such cases the exigency of the Common-wealth, the Law of nature, and the supreme Law, which is the safety of the People, impose an obligation upon subordinate Powers, and men in Commission, to interpose their power and authority between the tyrannicall power of Oppressors, and the people oppressed by them, and to rescue and deliver them out of the hands of those that spoise them, and serve themselves of them.  
The reason hereof is, because subordinate powers receive not their authority from those that are superior, to the end that they might minister unto them or serve them, further then they serve the Common-wealth: but the formal and presize consideration of and for which subordinate as well as susuperiour powers or Magistrates receive authority amongst men, is the execution of justice, and preservation of common peace. So that such men being legally vested with power and authority in a Commonwealth,( though but subordinately) to pursue the great end of all Magistracy and Magistratical power, viz. The safety and prosperity of the people, they are in obedience to the supreme Law, and in relation to the proper end of their calling, to improve all the power they have received, to settle the peace and safety of the people upon firm foundations.  
It is true indeed, if all motions, Actions, and Administrations of subordinate powers, did as absolutely depend upon the dictates and directions of supreme Magistrates, as the motions of the lesser wheels in a Watch do upon the greater, then indeed when supreme Powers surcease or suspend acting in relation to Common good, the inferior must do so too. Or in case the supreme shall act or move irregularly, the Inferior and subordinate must do so likewise. But now though supreme Magistrates for order and methods sake have power of sending, and granting Commissions to others in authority under them( though for the most part,)( as in our Land) the people have, as the right, so the liberty of Election) yet still all such Commissions are in relation to Common justice and safety( for other authority then such there is none.)  
All lawful authority in whom soever placed, is founded upon principles of Common equity, and tend to Common good. So that subordinate Officers in a State are not chiefly to mind and observe the hand that brought them their Commission, or what the mind or desire of those are from whom they received it, but are to be intent upon the reason and ground of their employment, and the true end of their calling, which is common safety, and to steer their course according to the occasions and necessities of that, either in extending or contracting their Actions and motions.  
All power and all Authority proceeds from God, the powers that be, are ordained of God, as the Apostle speaks, Rom. 13.1. And those that are inferior Officers and Magistrates, receive their power from God, as well as those that are superior:( though perhaps not altogether so immediately) and the peace and safety of the Common-wealth is by God committed in trust both to the one and to the other, even to all that are in Authority. And if superior Magistrates which have a greater influence upon the affairs of kingdoms, betray their trust, and expose that to hazard and ruin which they should have studied the peace of with all their might; yet this is no dispensation to inferior Powers, or Governours to abate ought of their care or labour in building up the peace of that Common-wealth, which the other would throw down, but rather a call from God who hath entrusted them to stretch out the hand of their power unto such acts for the safety of a Nation, as unto which they did never lift it up before: Which proceeding is most agreeable to principles of reason and common sense, by which men are acted in other cases, which though somewhat different from, yet not altogether unlike to his. A general or chief Commander in an Army, if when engaged against an enemy, shall either make himself unserviceable to those under his command through treachery, or be made unuseful by some mishap; in such a case the Army is not to suffer itself to the conduct of a chief Commander, but in such a case one or more subordinate Officers are to supply the room and place of such a Commander, for the preservation of themselves and Army from their enemies.  
And if the right hand of a man or any other principle member of his Body, he any ways made useless to the body, as touching its proper function; in such a case the lest hand or any other member, is still wont according to its ability, to minister to the necessities of the body instead of the deficient member. It being repugnant to the principles of common sense to suffer the dissolution of destruction, as of the body natural, so of the Body Folitike, though one or more principle members should be corrupted, if it may bee by any means prevented. again, in a great house where there are many servants, and some inferior to others, each having their proper and distinct employments assigned them; why now in case a servant of an inferior rank or degree observing the remissness and negligence of him that is superior to him, as touching that wherein he should serve the Family, and shall in love to the prosperity of the Family, and the affairs thereof, supply that which is wanting in his fellow servant in care and industry to promote the great concernments of the household; would we blame such a servant as unfaithful and factious? I trow not. Now all Magistrates and men in authority in a Nation, whether high or low, are ministers or servants to the Common-wealth. And in case those that are superior ministers of State shall neglect their duty and business, to the great prejudice of the Common-wealth; and others serving the State in a rank or degree beneath them, observing the same, shall in love and faithfulness to the Common-wealth, step in and supply that which is wanting in the former, as to the service of the Reipublick: who are they that will complain of such servants, or of such service? except such who are enemies to the State, and the prosperous condition of it; or such who have mind to complain of ease.  
Neither is that which is contained in this position any new doctrine, but the very same which hath long since found entertainment in the mindes and judgements of men in great repute for wisdom and learning in the Church of God. Peter Martyr upon these words, Rom. 13.3. For Rulers are not a terror to good men, but to the evil; hath this saying: Howbeit I speak not this that I think that superior powers cannot be put down by inferior Magistrates, or that they cannot be constrained to do the●… duty of those which are appointed either Keepers, or Authors, or Electors of Princes; if they transgress the ends of the power which they have received. As at times past at Rome, the Senate and People of Rome were wont to do; and at this day in Germany, the Electors of the Empire use sometimes to do.  
And Calvin thus in his Institutions, lib. 4. cap. 20. sect. 31. For if there be at this time any Magistrate for the behalf of the People( such as in time past were the Ephori, that were set against the Kings of Lacedemonia, or the Tribunes of the people against the roman Consuls: or the Demarchi against the Senate of Atheus: And the same power also which peradventure, as things are now, the three Estates have in every Realm, when they hold their principal Assemblies) I do so not forbid them according to their Office, to withstand the outraging licenticusness of Kings, that I affirm, that if they wink at Kings wilfully raging over and treading down the poor Commonalty, their dissembling is not without wicked breach of Faith, because they deceitfully betray the liberty of the people, whereof they know themselves to be appointed Protectors by the Ordinance of God.   

The Application.  
From what hath been argued in the premises, it follows, that if the common and lamentable cry of the people of this Land be true, viz. That through the unfaithfulness and deceit of a prevailing party in places of authority, the course of Justice in Parliament and kingdom hath been obstructed, to the increase and multiplication of intolerable grievances throughout the Land, insomuch that men began to despair of remedy, except those whom God had already honoured with many great achievements for the deliverance of the Nation; should yet stand up further to pled the cause of the oppressed against the unrighteousness of men: I say from the premises it follows, that the Army aforesaid, being vested with power, and having commission to pursue the public interest of the Kingdom, and an opportunity to vindicate those rights and immunities thereof that were invaded; have done nothing, nor are about to do any thing( so far as they have expressed their intentions) but that which is honourable in them, and approvable in the sight of God and men, and for which the whole Nation may as one man( as now it doth in great part) rise up and call them blessed.    

IV. Position.  
When Magistrates shall under colour of that authority which they are lawfully possessed of for the good of men, do, or command things to be done hetroge●eal to that authority, and which are of an open manifest unsteady to public prejudice; the people themselves not onely stand clear of any engagement thereby of submitting thereto, or of being aiding or assisting therein; but they also both may and ought to endeavour the prevention of such mischief, when and so far as they have an opportunity so to do.  

The Demonstration.  
Such actions and injunctions of men in authority, which are inconsistent with common freedom of mens persons and estates; or which do necessary and apparently tend to enslave them, or infringe their just liberties, are not binding to the people, neither are they engaged thereby to be any wise aiding or assisting in the carrying on, or execution of them. And the reason is, because such injunctions and actions, though proceeding from men in place of lawful authority; are not in themselves authoritative, or issues of any lawful power; but the product of their private and corrupt wills, which can in no construction be obliging to the people. For God hath not conferred any power or authority upon any whatsoever, to wrong or oppress any man, much less the generality of men in a Kingdom, for that a thing his soul abhorts. And the people themselves that have chosen them into place of authority and rule, could not confer upon them, or invest them with any such power or authority neither, for they themselves have received no such power from God the fountain of justice; and that which they have not first received themselves, they cannot confer upon others.  
And therefore all such injunctions of men in places of power, which bear the stamp of their authority upon them; and yet carry in the bowels of them mischief and prejudice to the Commonalty, do proceed but from the private and personal wills of such men, as men considered distinctly, and set apart from the public will and pleasure of the Kingdom, wherewith they are entrusted so far as their just authority extends: And all such precepts are but the counterfeits of just authority; and do no more oblige the people then a counterfeit Commission would do.  
Neither is a non-submission in the people unto such in junctions, all that is required at their hands, but they ought to contribute their endeavours towards the preventing of what evil and muchief appears in the face of such injunctions eractions, when, and so often as they have an opportunity so to do. For that law of nature and common prudence which enjoins every man to preserve himself, and to seek his own good, doth oblige him also to oppose and withstand by way of defence, all attempt and practices of men that tend to make a breach thereupon. If a thief assault an honest man to rob him; in case that man hath power and opportunity to rid himself out of his hands, and to preserve his goods, surely he is not worthy of the name of a man, much less of a prudent man, that would not do it. And what if Magistrates themselves should become companions of teeves, as the Scripture speaks; Isa. 1.23. and should use the same violence to honest men which common robbers use to do? should that face of authority they bear as Magistrates, bind the hands of honest men from defending themselves against them? And truly if their authority may not bear them out in one act of violence, neither ought it to do it in another. Authority when found in conjunction with ways of unrighteousness, is a great aggravation of mens faults, out was never appointed by God to be a protection to them.  
Moreover, that law that obliges every Commoner according to his ability and opportunity to seek the good of that politic body of which he is a member, doth also enjoin him to the same degree, and in like manner to endeavour the prevention of any evil intended or attempted against the same by whom soever.   

The Application.  
Therefore the Army having done so much as they have done, towards the breaking of the yoke of tyranny from off the neck of this Nation, and yet finding misery, slavery, and oppression coming like an armed man both upon themselves and the Kingdom, through the operation of much power and malice in conjunction in a faction of men, who have been able to trouble the fountain, and to cause the streams thereof to run muddy, and to cause that hand to wound, which was formed on purpose to heal: I say this Army having so much interest in the peace of this Nation, and such an opportunity left in their hands of giving a check to that insolence, rage, and unworthy ends of some, from whence the grievances of the Kingdom did flow; have done wisely and worthily, and like men of entire love and perfect fidelity to their country, in standing up to desire and make terms of justice, equity, and security, both for themselves and the Nation.    

V. Position.  
That the ordinary, common, and standing laws, and usual methods of proceeding in a Nation, appointed and concluded in ordinary and common cases, for government and security, may in cases extraordinary be declined, and extraordinary means and ways made use of in their stead, for preservation of public peace and freedom.  

The Demonstration  
If the supreme law, which is the safety of the people, be that which all sorts of men, both of high degree and low, both Governors and governed must principally and ultimately mind and observe in all transactions of a public nature( a thing which is one of the Axle-trees upon which the wheel of this discourse turns) then at such times, and in such cases, when a punctual observation of the letter of the ordinary and known laws of a land, or the wonted method of proceeding in state affairs, or the temporary commands or decrees of supreme magistrates, either fall short of, and prove insufficient as to provide for and secure the public peace thereof, or else in case the principal officers of State are abused by mis-information, and are thereby instigated and provoked to issue out orders in gratification of a particular faction in a State, driving on a particular design of private interest apparently prejudicial to the public, I say then, and in such extraordinary cases, ordinary or common rules of proceeding in a State or Kingdom, may be laid aside, and such extraordinary made use of in their stead, as hold a nearer and a more immediate connexion with the common end of all laws and governments: viz. common safety, just liberty, and an equitable propriety. For this now is a received and undoubted maxim, that when two laws or commands comes in competition( though both good in their kind) the lesser is always to give place to the greater. The moral law of God as we call it, and that which we call Ceremonial, were both good in their kindes, and inviolably to be observed by the Jews; and yet when those two came in competition about one and the same act; that still carried it which had a more near and present relation to, and connexion with the good and present necessities of men, as best answering the end of those, as of all other laws.  
Two or three instances whereof, we have recited by our Saviour M●●. 12.3.4.5. in justification of an action of his disciples, censured by the Pha●rises as a transgression of the love of God. The case was this: The Disciples being hungry, and wanting other Provisions, gathered ears of Corn on the Sabbath day. A thing which perhaps according to the tenor of tha● administration and dispensation of God, under which they then were would have been really a transgression of that law of the Sabbath, if that C●rcumstance of present necessity had been wanting. But in as much as the Sabbath was made by God, not to cross, but to accomplish mans good, and to serve his necessicies,( as our Saviour argues it in that saying of his. The Sabbath was made for man, and not man for the Sabbath) that therefore that law of the Sabbath was no broken by th●m; as touching the end and scops of it, though perhaps as touching the letter of it, it might seem so to be.  
Now those instances produced by our Saviour to vindicate this act of theirs, are of the same nature with it, as evidently appears by the bare reading of the words, verse 3.4.5. Have you not red what David did when he was an hungered, and they that were with him, how he entered into the House of God, and did eat the showbread, which was not lawful for him to eat, neither for them which were with him, but onely for the Priests? Or have ye not red in the Law, how that on the Sabbath dayes, the Priests in the temple profane the Sabbath, and are bl●melesse. And concludes verse 7. that if they had but understood that saying of God in Hose● 6.6. I will, or● defort m●r●y, and not Sacrifice, they would not have judged as they did, in condemning the guildesse.  
Why now then, if this be the mind and good pleasure of God concerning man, that rather then he should suffer in his necessary comforts( at such time and in such cases when God hath no need of such sufferings from his Creature, for the vindieation of any truth of his) he will dispense with his own Commands, so far as the litter all observation of them seems to cross the general end and scope of them, which is the benefit of men: Then certainly Gods Vice-gerents on earth,( who are to judge as her Judges, and to make his mind the rule of their proceedings) have we roason to expect, or to exact from those under them, a more formal and presize observation of their Commands then God doth of his. And therefore when th● ordinary and known laws of a kingdom; or the usual directions and Commands of supreme Magistrates reach; not the true end of laws, and Government, which is as o●t hath been said, the safety of the people; Or do in the letter of them really cross the ●●me: If then such other men whom it concerns; also to take care of, and provide for public peace, discerning other ways and methods of means, in prosecution whereof they are upon rational grounds likely to gain that great and desirable end of all instruments and agents in government as is before specified: in such cases, they not onely may, but in love and duty to their country, and the prosperity thereof, are bound to follow the hand of Gods providence, guiding them to dig in that field of means, where the treasure they seek for, which is the peace of the Nation is to be found.  
For when the supreme law, and other subordinate laws of men come in competition, the ducture of the supreme Law is still to be followed, according to the rule before recited.  
It is a true and safe rule to walk by in the observation, as well as in the interpretation of laws, viz. that the scope, intent, and spirit of the law, is more the law then the letter of it. And therefore because the letter of the Statute laws of our Land, in many particular cases, falls short of that equity and ease, which the Law-makers by them should seek to establish, there is a court of Chancery, or equity provided by way of supply, which is as it were for the correction of the harshness of the letter of other fixed and known laws.  
So that if then any number of men furnished with any considerable power, and standing under any visible call to help and relceve a Nation, in extraordinary cases, wherein neither standing laws, nor Law-makers have made sufficient provision for the preservation of common peace, and the security of honest men, shall steer a course different from common rules, in ordinary cases, provided it be in a direct subordination, and proper resolution to the end of all Lawea, the safety of the people, which is the sovereign and supreme Law: I say in some cases they are not to be looked upon as transgressors, or despisers of law, or lawful authority, but as upright and faithful affecters of it, because they do not cross but accomplish the true end of it, which is indeed the power and strength of it.   

The Application.  
Therefore if the Army in the carrying on the great work for which they were raised, have been necessitated to break over the ordinary and common bounds of known laws, and now at last to refuse to disband, though commanded thereunto, but yet all in relation to the security of the Nation, and to the end that all men might reap the fruit and benefit of laws, and to stop the currant of arbitrary exorbitances, they may not, they ought not to be reputed distroyers of laws, or men disobedient to lawful authority, but do worthily deserve the name and renown of the repairs of breaches, and the restorers of paths to dwell in: of men that have put their hand to the Plow of the Common wealth, and have not looked back. For though they have exchanged ordinary and common means, as being to low, to weak, and to short, for those that are extraordinary, and which are more ample and fully proportionated to the end of their first undertaking, the peace and safety of the Nation; yet they faithfully have, and yet do prosecute th● same great end, which is the aim and desire of all good Cammon-wealths-men, and for which all just laws and lawful authority, were first erected by God amongst men.    

6. Position.  
That the people of a Land are not so concluded by the votes and determinations of those that have a Legislative power, but that they have a liberty of examining and trying the equity and justness of them, and of dissenting therein, upon grounds of non-satisfaction.  

The Domonstration.  
First, blind obedience is no wise commendable in, or becoming men. For man is a rational Creature, and while he observes the laws and principles of his being, he would not but in relation to some end: And the exercise of a mans rational faculty in a wise improvement thereof, consists especially in these two things; viz. in the election of his end, and the choice of proper and proportionable means that will reach that end. Now the common end, at which both Magistrates and people in a land ought to aim, and to which, to proportion their public actions, in the common good and safety of their Nation. And the common people, so far as they act or move towards this end, are not therein to be like beasts which are lead and guided by the hand of the Rider, without knowledge or cansideration had of the place to which they go, but like men acting and moving upon rati●●all grounds, as weighing and considering, whether their actions are of a proper unsteady to the public end they have in their eye. The wisdom of the prudent( says Solomon) is to understand his way, Prov. 14.8. That is to know and understand upon grounds of reason, that the course he steeren, the means he makes use of, and the actions wherein he engages, do all led and prepend to, and not to thware his end.  
But impossible it is, that the people of a Nation should thus act like man in executing the Commands of their rules, unless they first examine and try them, and weigh the actions in which they are to engage; as whether they are appointed and postured against or besides the end proposed, or whether they hold a due proportion therewith. And upon examination and trial, the people are to execute, or decline the execution of their Commands, according as they find them consonant, or dis●nant to the Common and public end. And truly men may with as much face of reason expect that the Common people of a Land should cease to be men, and like Nebackad Nezzar should go eat grass with the beasts of the field, as to expect 〈◇〉 they should be moved and carried hither or thither, to do this or that by the Command of their Governours, before they do first sit in judgement in their own thoughts about, or concerning the things to be done, as whether they relate to or raise up against the Common interest of the Nation, which is the prise for which every Inhabitant is to run.  
Secondly, either the people of a Land are concluded by the votes and determinations of those in authority, as touching what they are to do for the public safety, or they are not. If they be concluded; then those in authority are either infallible in their judgements and decrees, as touching their sitness● to the end, to which they ought to relate; or else if they be not, then the people of a Nation may be necessary engaged to act to wards their own ruin, and the ruin of their Nation, either of which to assert is most ●●●urd.  
For that men in authority are subject to err in their public administrations, and to miss either the end at which they ought to aim, or else if not that, yet in the choice of suitable means, is a thing unto the truth whereof, both holy, and humone history, together with the experience of this present age will abundantly witness. And that if the people of a Nation were peremptorily, concluded and bound up by what the higher Powers decree to be done in order to the government of it, and to submit to and act in the accomplishment of such decrees, as oft as they are thereunto required by those powers, should they not at least many times be engaged to be active in, and accessary to their own ruin and the dissolation of their Nation. The which to be, how contrary it is both to the Law and light of nature, and the sovereign and supreme Law o● Nations and kingdoms, is a thing ●●bvious to every mans apprehension.  
But if the Commonalty be not always absolutely concluded by the orders, decrees, and determinations of the higher Powers, as it is most certains they are not for the reason before expressed; why then evident it is, that there is always referved and left unto the people a twofold liberty. 1.2 liberty of weighing, trying, examining, and judging by common rules of equity and reason, all such orders or decrees as are issued out by the higher Powers, as namely, whether the nature and tendance of them be to promote the common interest of the kingdom, the adequate end of all just decrees; or whether some particular mens private interest there is inconsistent with common good. And then 2ly. a liberty of non-submission unto such orders or decrees, and a liberty of endeavouring so far as there is oppor●unity, to prevent the evil and mischief of them, in case such men upon a serious and judicious debate of the matter in their own thoughts, are able to discover upon sober and rational grounds, that the face of them is set against the common good of the Nation.  
But if it be said; that the people are subject to err in their judgements and apprehension● concerning the proceedings of the higherpowers, as well as they themselves are subject to err in their proceedings; and then whether is it most meet and reasonable, that the judgement of the people, or the judgement of men in authority should take place.  
To this I answer. 1. That things of common equity, and which are of public concernment for good, do not lie at any such great distance from the apprehensions of most men, but that they may be felt and handled as it were by them.  
For who knows not, that for every man to enjoy and securely possess● his own right is good. And who knows not, but that every one that would detain from, or dispossess him of it, should therefore be punished. And who knows not, that the door of the Magistrate should alway 〈◇〉 be open to receive the Complaints of, and his hand ready to relieve the oppressed and grieved, and that without any tedious delays, or vexations attendance; and much more without any reprenention or censure for so doing? And who knows not, but that those that have taken extraordinary pains, and run extraordinary hazards in the public service of the kingdom, should receive a thankful acknowledgement, and a considerable recompense and reward from the kingdom, by the hands of them who are set for the praise of them that do well? And who knows not, that the cherishing and encouraging of such men will be an incentive to others for the future in like cases of extremity, to become alike serviceable to the Common wealth: and that a contrary carriage towards such, is as the plucking down of the hedge of a Nation? And who knows no●, but that the proveking of such who under God have saved a Nation, is a just provecation unto a Nation itself? who knows not but that it would be an imprudent, unmanly, and unmerciful act in men, who having swords in their hands, would lay them down for others to take up, whom they know would make no other use of them, then to destroy them and other honest men? And who knows not, that all such decrees, orders, and votes of the higher Powers, as that contribute any thing to the inconveniencing of an Nation in any of the foramentioned particulars, or in others like them, have no faire consistancy with the end of those powers. And therefore as touching such things as are to be discerned by their own light, and which are tho subject of every mans thought, or apprehension, there needs no dispute to arise, or question to be made, about truth of Judgement concerning them.  
If any man should deny, that the Sun shines when indeed it doth, or that twice two makes four, were such a negation worthy a mans consideration or would it at all weaken the credit and authority of his sayings, who affirms the contrary. And doubtless, if in matters of common cognisance and vulgar observation, the Magistrate shall do things contrary to his trust and the end of his calling, it will be but vain dallying in men, in ●ase they shall go about to cover the same by saying; Who are fit to be judges of the proceedings of Magistrates but Magistrates themselves? And why may not those that complain being Ignorant of the mysteries of state be mistaken in their thoughts concerning them? For if such sayings as these in such cases were to be regarded, and that those that do oppress shall have the sole power of determining what is oppression and what not, it will then follow that all the people of a Nation must be absolute slaves, if their Governors have but a mind to make them so.  
2. When the generality of the people in a Nation are of one mind and sense, and lift up their voice together by way of complaint, concerning the proceedings of their rulers, itis a true sign there is to much truth in such a public report. For in such cases that saying vox populi, vox Dei, the voice of the people, is the voice of God, is not lightly to be passed over.  
3. There is not the like temptationlyes upon the people of judging unrighteously, concerning the proceedings of magistrates, as there is upon the Magistrates to do unrighteously in there proceedings: because the complaints of people against their Magistrates where there is no cause may very possibly draw his correcting hand upon their heads, but is no ways likely to procure any matter of advantage or gain to them; and certainly it is more then an ordinary strain of unworthiness in men that causes them to lie for nothing. But now men in authority have opportunity in their hands, if their hearts will but serve them to make use of it, to advantage themselves, and to convert that power which is committed to them for public good, to private interrests; a sin which in most ages of the world hath been to common amongst. Rulers. Now wee know, that by how much less men are personally concerned in things they attest, by so much the greater probability their is of the truth of their testimony. And therefore when Magistrates shall insist upon their justification, and the generality of the people insist on their complaints, it may well incline an ingennous mind to adhere to the proper complaints as the truest reports.  
If it be further said, that if this door of liberty be opened for the common people of a Nation to sit in judgement in their own thoughts upon the proceedings of their own Governors, is there not withall a floodgate opened unto faction, rebellion, and sedition to overflow the land?  
To which I answer these three things. 1. That if men in authority demean themselves so in their places & in the exercise & execution of their power, that righteousness run down from them like stream, & that their administrations be such as may proclaim love, good will & a faithfulness in them to their Countreyas it s very rare to see Magistrates disquietedin their states of justice, so they shall not need to fear how naked, bare, and manifest their proceedings be to eyes, nor how much they are looked into and examined;( He that doth truth come to the light, that his deeds may be made manifest, that they are wrouht in God. John 21.) For in such cases the more they are known the less they will be mistruste●… And it is not the knowledge of the welldoing of such men who are in authori●… that is wont to cause discontents, and sidings in a Nation,( For if ye be follow● of that which is good, who is he that will harm you, saith the Apostle, 1 Pet. 3.13 but it is the observation and sense of the evil and unjust proceedings of su●… men, to the oppression and grief of of their brethren, that gives being unto su●… commotions. And therefore secondly I answer, that the shutting of this door just liberty against the people, and keeping them in darkness, and exacting fro● them a blind obedience grounded only upon an implicit faith, is a principle car● of a great part at least of those evils which many times are as a moth unto a Nati●● The proverb is, that opportunity makes a thei●. And it is as true that it is ●ppor●●nity that makes an unjust ●uler. For doubtless if men did not so totally resig● themselves and their affairs as generally they do in●o the hands of their rule● and did not so acquisme as for the most part m●n have been taught to do in wh● their Governours do, without enquiting into the reasons and grounds of the proceedings, or considering what rel●tion ●hey have to common good, men● authority would not take that confidence and boldness unto themselves, as ma● times they do to tread and tremple upon the people, and to ride them on● breath. It is because they see men behave themselves like bruit beasts that 〈◇〉 made to be taken as the Apostle Peter speaks, that encourages them to beco● as a snare or Mizpah, and as a net spread on Tabor, as they were, Hosea 5.1. It is 〈◇〉 unmanlinesse, supine slothfulness, and slavish temper of the people, that tem●● those in authority ovee them to abuse them. Hosea 5.11. Ephraim i● oppressed a● broken in judgement, because he willingly w●lked after the Commandement. Beca●●● Ephraim readily yielded obedience to what ever Com●andment came fr●● his rules; swallowed down all without chewing, submitted to all without exmining; therefore his rulers were emboldened to serve themselves of him, they o● pressed, and even break him to pieces, when they sat in judgement. therefore manifest it is, that the liberty before afferted, in the right use of it, doth not all tend to engender, but to prevent those sad inconveniences laid in the objecti●  
But thirdly and lastly I answer, That if it were granted, that wicked and dis●lute men may abuse such a liberty, which( as the Position asserts) belongs unto 〈◇〉 people, to such a degree as is mentioned in the Objection( as it is possible 〈◇〉 there may be a spirit of such wickedness in men, though it is no wise proba● that such bad fruit should grow on so good a three. Yet then the objection may retorted, and so the exception stands more strongly against that absolute, unquestnable, and unexaminable power in the Magistrate, which the objection labours settle upon him by endeavouring to feel the argument that doth oppose it, 〈◇〉 the objectson itself doth against the liberty of the people, For if the people 〈◇〉 ●ot have liberty to weigh the proceedings of men in greatest authority over them in the balance of equity and reason, and to dissent from them therein, in case they be found to light, and all upon this ground, viz. because men under colour and pre●ence of a rational dissenting from the Magistrate in his proceedings, may without any just reason or cause at all grow factious, and raise parties in a state against the Magistrate, and his just and lawful administration: Then neither is it any wise neete that any men in authority whatsoever should have any such unlimited power put into their hands, as to order and decree what they will, and to do what they please, in managing the affairs of a common wealth, without being accountable ●nto any; because there is much more danger of their abusing such a power, to oppress the people, then there is of the peoples abusing their honest and just liberty to ●ebellion and faction. For it cannot be denied, but that Magistrates are men sub●ect to like infirmities, to the enormities, and to like temptations with other men. Neither can it be divided upon any colourable pretence, but that they may defacto ●xceede their due bounds. Now as for the people they cannot rise up unjustly against or provoke the Magistrate, but they sin against their own souls or lives as Solomon speaks Pro. 20.2. in as much as they run a desperate hazard of them thereby. But the Magistrate( upon supposition that he is unaccountable unto man) runs no ●uch hazard of his life by doing unjustly, & therefore he having more opportunity ●nd greater temptations upon him, and having the same principles and frailty as o●her men have, rendering him obnoxious to corruption, is therefore more likely to ●iscarry in abusing his power, then the people are in abusing their liberty. And ●herefore as I say, the objection being retorted, is of far greater force against the ●ower implicitly contended for in the objection, then the objection itself is against the liberty of the people asserted in the position.   

The Application.  
If the people of a Nation have liberty of trying the conclusions of State, and of ●ssenting therein upon due grounds of non-satisfaction; Then the Army demuring upon some votes of Parliament, and suspending the execution of them, are ●ot thereupon forthwith to be censured as men disobedient to authority, but the ●… asons and grounds of their so doing are to be taken into consideration. And in ●ase the grounds of their proceedings, and their proceedings themselves do com●ort with the public interest of the kingdom( as I nothing doubt but that a few ●ayes experience will give the Nation this assurance into her bosom) then well ●ay that mouth of Clamour and evil spanking that hath been so widely opened against them be stopped, and every man take shane unto himself, that hath listed up a ●ongue, and that would have lifted up a hand against them.  
FINIS.