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 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 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 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.