First. THe arbitrary Government of the Army by Law Mar­tiall (which is only necessary when an Army is march­ing against its enemie, or when no other Courts of ju­stice in a land are open and free) was wholly dissol­ved at the Rendezvouz at New-market, upon the 4, and 5. of Iune last, and this I prove by these following reasons.

1. They associated themselves only as a company of free Commons of England, to stand together upon the iust principles, and law of na­ture and nations, to recover their own and all the peoples just rights and liberties. See the Solemn Engagement upon Iune 4. The words are these. We the Officers and Soldiers of the Army subscribing hereunto, doe hereby declare, agree, and promise to and with each other, that we shal not wil­ingly disband, nor divide, nor suffer our selves to be disbanded nor divided, un­till we have security, that we as private men, or other the free-borne people of England shall not remaine subiect to the like oppression, injury, or abuse as have been attempted. Compare the latter end of page the 4. with page 5. And upon their march towards London, in prosecution of this de­signe, whereupon they associated, the Generall declared in his letter to the City, that they as English men insisted upon the settlement of the peace of the Kingdome, and the liberty of the Subiect, which they had right to de­mand. See the letter from the Generall, and the Generall Officers at Royston upon Iune 10. pag. 2. 3. And in their further opening of their meaning and intentions in their agreeing together, or associating as before, they declared upon Iune 14. That they were not a mercenary Ar­my, hired to serve the Arbitary power of a State, but continued in Armes in iudgment and conscience for the defence of their own and the peoples iust rights and liberties. Now the Army thus refusing to serve the arbitrary pow­er of the State, and agreeing together as English men, to stand upon principles of right and freeedome. From hence.

1. Its cleare, that the Officers and Soldiers kept in a body, and so were an Army, not by the will of the State, but by their owne mutuall A­greement.

2. From thence its as cleare, that they not being an Army by the [Page]States will, they were not under those rules of Martiall Govern­ment, which were given by the will of the State to rule those which were a Military body or Army by their will and power.

3. From thence its also as cleare, that the continuing an Army at that time, not by the States will, power or command, but their mutu­all agreement, they could be under no other government as an Army but such as they did constitue or appoint for themselves by mutuall agreement, and this leads to a 2. Reason, proving the dissolution of the Armies government by Martiall law.

2. The Soldiers with some Officers of the Army, having by mutu­all agreement gathered themselves into, or at least continued them­selves a Military body or Army to stand upon principles of right and freedome, did by the same mutuall Agreement with or Engagement to each other frame, constitute, or appoint a forme of Government for themselves in their prosecuting that just designe of common right and freedome for themselves and the nation.

The words of the Engagement, pag. 4. 5. are these. We doe hereby de­clare, agree, and promise to and with each other, that we shall not willingly disband, nor divide, nor suffer our selves to be disbanded or divided without satisfaction in relation to our grievances and desires, hertofore presented & se­curity that we as private men or other the free born people of England, sh [...]ll not remaine subiect to the like oppression and iniury, as have been attempted, and this satisfaction and security to be such as shall be agreed unto by a Councell to consist of those generall Officers of the Army (who have concurred with the Army in the premises) with two Commission Officers, and two Soldiers to be chosen for each Regiment, who have concurred and shall concurre with us in the premises and in this agreement. Hereby a new Councell was constitu­ted contrary to all Martiall Law and Discipline, by whom only they ingaged to be ordered in their prosecution of the ends for which they associated, [...] consequence seeing they continued an Army by their owne wills, and only to prosecute those ends, this Engagement to be ordered only by that new Councell in their prosecution of those ends extends to a whole rule of them as an Army.

Now that this Councell was wholly new, and in away diverse or different from all Martiall Courts or Councell of Warre, that ever the Sun beheld in a mercenary Armie, and as different from the Councell by which this Army was formerly governed appeares thus.

1. The Members of this Councell by which they ingaged to be or­dered [Page]are [...] in the Army.

1. The quallity of them is different, none but such as concurred with, in disobeying the Parliament, and in the principles of common right and freedome upon which they stood, were to be Members of this Councell, neither the Generall, nor the Lievtenant Generall themselves were to be Members of this Councell unlesse they had concurred in owning the Regiments refusall to disband, and in their ingagement or association, and by consequence they had been no Of­ficers as will appeare hereafter.

In this all the Orders of warre and Martiall Lawes were broken, for if the Generall, Lievtenant Generall, and Comissary Gen. Ireton, had not concurred, they could not all have cashiered one Officer that did concurre, all the Soldiers had been ingaged to oppose them, nay they could not have cashiered one Soldier that joyned in the ingagement, for they promised each to other, not to suffer themselves to be divided before the ends of their Engagement was accomplished.

2. In this new Councell, the station of the Members in the Army is different from the station of all Members of former Councells, by the Engagement, there was to be two Soldiers in no office, out of every Regiment to have voices equall to the Generall himself in all votes.

3. The number of the Members of this Councell is different from all customes and rules of Martiall Discipline in this Councell, there was to be but foure of every Regiment, with the Generall Officers which concurred.

2. This new Councell differed from the rules of warre in the manner of its constitution, this was not to be constituted by the Gen. will, but in a Parliamentary way by the Soldiers free election, the Gen is bound from calling an Officer to the Councell unlesse he be chosen by his Regiment.

3. Reason, proving the dissolution of Martiall Government in the Army.

The Gen. in associating with the Soldiers did in the very Engage­ment, give away all his power of exercising Martiall discipline, he in­gaged to them and they to him, that they would not suffer themselves to be disbanded or divided, till the ends of their uniting were obtained hereby he divested himself of his arbitrary power of cashiering Officers and Soldiers at his pleasure, this is a dividing which he ingaged nei­ther [Page]to attempt nor suffer, likewise he divested himself of power to command the Soldiers to march to what distance he pleaseth one from another this is another kind of division.

4. Reason, proving the dissolution of the government by law martial. The whole Army by agreement or joint consent, cashiered all Offi­cers as N [...]w market Heath, that would not associate with them, and in­gage to stand for common right and freedom though against the Par­liament & so they ho [...]ed divers Officers out of the field, unhorsed some and rent their [...]oaths, and beat them: and this in the face of the Gen. and all these acts, had been death by Martiall Law: but this was an actuall declaration that the Army did admit of Officers by mutuall a­greement only, and therefore Government by law Martiall was dis­solved unlesse it had been established by mutuall consent throughout the Army, for Officers at that time being only admitted by mutuall consent they could have no power, but what was betrusted to them by the Soldiers.

2. Plea, But in case the goverment of the Army by law martial had not been dissolved by a mutuall ingagement, yet the very being of peace did dissolve it, for in the Petition of Right its declared that no person ought to be adjudged by law martial except in time of war, & that all Commissions given to execute martial law in time of peace are contrary to the lawes and statutes of the Kingdome, and it was the Parliaments complaint that martiall law, was then commanded to be executed upon Soldiers for robbery, muteny or murther, and it was setled as the undoubted right of every English man, that he should be punishable only in the ordinary Courts of justice, according to the lawes and sta­tutes of the kingdome. By all this it appeares that its illegall and uniust for the offi­cers of the Army to try or punish any agent or other by law martiall upon pretence of muteny or any other offence: the whole Army stand as Englishmen, and if they offend are not ex [...]mpted from the proceedings against them, & punishments to be inflicted up­on them by the lawes and statutes, and therefore cannot in iustice be subiect also to law martiall, so that al Agents and Soldiers now accused for mutiny betray their own and their Countryes Liberty if they shall submit to be tryed in any other way then by the known Lawes and statutes of the Land.