AN APOLOGY FOR THE ARMY, Touching the eight Quaere's upon the late Declarations and Letters from the Army, touching sedition falsly charged upon them.
Wherein those Quaeres are resolved, and thereby the present proceedings of the Army are proved to be Legall, Just & Honorable.
By DAVID JENKINS, Prisoner in the Tower of LONDON.
Printed in the Yeare, 1647.
AN APOLOGIE FOR THE ARMY.
THese Treasonable and insolent Quaeries make the Army the Houses Subjects, and not the Kings. Bracton fol. 118. Stanford. f. 2 None by the Lawes of this Land can in this Kingdome have any Army but His Majesty.
It appeares, the Army doth now evidently perceive, that they were mis-led by the specious pretences of Salus Populi, the maintenance of the Kings Honour, and of the maintenance of the Lawes of the Land, and liberties of the Subject, to take up Armes against their naturall Liege Lord and Soveraigne, the King: The People is the Body, Mag. Char. c. 1. & ultim. All the act concerning the King, Church, and Churchmen. 25. E. 1. c. 1. the King is their Head; was the Body safe when the Head was distressed and imprisoned? For Lawes and Liberties have not the prevailing partie in the two Houses destroyed above 100 Acts of Parliament, and in effect, Magna Charta, & Charta de Forestâ, which are the common Lawes of the Land? Doth Excize, Fifth, and Twentieth Parts, Mealemoney, [Page 2]and many more burdens which this Land never heard of before maintaine the Liberties of the people: You, and that partie of the two Houses, made the Army by severall Declarations before ingagement, believe that you would preserve the Kings Honour and Greatnesse, the Lawes and Liberties of the people: The Army and the whole Kingdome now facta vident, see your actions, and have no reason longet to believe your Oaths, Vowes, and Declarations; and since that partie in the two Houses refuse to performe any thing according to their said Oathes, Vowes, and Declarations, The Army and the Kingdome may and ought, both by your own principles and the Lawes of the Land, pursue the end for which they were raysed. And so your first Quaere is resolved, whereby it is manifest, that specious pretences to carry on ambitious and pernicious designes, fix not upon the Army, but upon you, and the prevailing partie in both Houses.
The Solution of the second Quaere.
The Army, to their eternall honour, have freed the King from imprisonment at Holmby. 3. par. Instit. f. 12.39. Eli. 1. Iacob. ibi. 2. & 3. E. 6. cap. 2. 11. H. 7. c. 1. It was High Treason to imprison His Majestie: To free His Majestie from that imprisonment was to deliver Him out of Traiterous hands, which was the Armies bounden dutie by the Law of God and the Land. That partie refused to suffer His Majestie to have two of His Chaplaines for the exercise of His Conscience who had not taken the Covenant, free accesse was not permitted, doth the Army use His Majestie so? all men see that accesse to Him is free, and such Chaplaines as His Majestie desired are now attending on His Grace: Who are the guiltie persons, the Army, who in this action of delivering the King act according to Law, or the said partie who acted Treasonably against the Law? Who doth observe the Protestation better, they who imprison their King, or they who free Him from prison?
That this Army was raysed by the Parliament is utterly false: The Army was raysed by the two Houses upon the specious pretences of the Kings Honour, common safetie, and the preservation of Lawes and Liberties, which how made good hath beene shewed before, and all the people of the Kingdome doe find by wofull experience.
The two Houses are no more a Parliament then a Body without a Head a man. 14. H. 8.3.36. H. 8. Dier. 60.4. par. Instit. p. 1.3.12.14.16. R. 2. c. 1.5. Eliz. c. 2.17. Carol. The act for the continuance of this Parliament. The two Houses can make no Court without the King, they are no Body Corporate without the King, they all, Head and Members, make one Corporate Body; and this is so cleare a truth, that in this Parliament, by the Act of 17 Caroli, it is declared, That the Parliament shall not be dissolved or prorogued but by act of Parliament; but the two Houses may respectively adjourne themselves; two Houses & a Parliament are severall things. Cuncta fidem vero faciunt, all circumstances agree to prove this truth. Before the Norman Conquest, and sithence to this day, the King is holden Principall, Caput, & sinis, that is, the beginning, Head and chief end of the Parliament, as appeareth by the Treatise of the manner of holding of Parliaments made before the Norman Conquest; 4. par. Instit. pag. 12. by the Writ of Sūmons of Parliament whereby the Treaty and Parler in Parliament is to be had with the King onely, by the Common Law, 4. par. Instit. pag. 4.9. 5. Eli. c. 1.2. by the Statute-Law, by the Oath of Supremacy, taken at this and every Parliament, it doth manifestly appeare, that without the King there can be no colour of a Parliament.
How many Votes have they revoked in one Session, yea, and Bills? Was there ever the like done? Nay, is not the constant course of Parliaments violated and made nothing thereby? They are guarded by Armed-men, divide the publique money among themselves, and that partie in leavours to bring in a Forreigne to invade this Land againe: If they be no Parliament, as clearely they are none without His Majestie, they have no privileges, but doe exercise an Arbitrary, Ty [...]annicall, and Treasonable power over the people.
By the Law of the Land, when Treason or Felony is committed, 7. E. 4.20. 8.. E. 4.3. 9. E. 4.27. 4. H. 7.18. 27. H. 8.23. it is lawfull for every Subject, who suspects the Offender, to apprehend him, and to secure him so, that Justice may be done upon him according to the Law.
You say, The disobedience of the Army is a sad publique president, like to conjure up a spirit of universall disobedience, I pray object not that conjuring up to the Army, whereof you, & the prevailing partie in the Houses are guiltie; who conjured up the spirit of universall disobedience against His Majestie, your and our onely Supreme Governour, But you, and that partie in the two Houses, and even then, when the house of Commons were taking, and did take the said Oath of Supremacy? For the Covenant you mention, it is an Oath against the Lawes of the Land, against the Petition of Right, devised in Scotland, wherein the first Article is to maintaine the Reformed Religion in the Church of Scotland: 2. pars. Coll. of Ord. pag. 803. Petition of right 3. Car. 2. pars. instit. 719. And certainly there is no Subject of the English Nation doth know what the Scottish Religion is. I believe the Army tooke not the Covenant: No man by the Law can give an Oath in a new case without an Act of Parliament; and therefore the imposers thereof are very blamable and guiltie of the highest Crime.
The Writer of these Quaeries seemes to professe the Lawes, let him declare what Act of Parliament doth justifie the tendring, giving, or taking of the said Oath: he knoweth there is none, he knoweth that all the parts of it are destructive of the Lawes and Government to maintaine which the Law of nature & the Law of the Land had obliged them: Mag. Chart. cap. 1. & Ultimo Articuli cleri, and many other statutes. 16. Ed. 4.10. The Oath of the Covenant makes the Houses Supreme Governours in causes Ecclesiasticall, the Oath of Supremacy makes the King so, and yet both taken by the same persons, at the same time. What credit is to be given to persons who make nothing of Oathes, and contradict themselves? How doe the Covenant and the Oath of Supremacy agree? How doth their Protestation and the Covenant [Page 5]agree? How doe their Declarations and Oathes agree? The Lord be mercifull to this Land for these Oaths.
It is a sad thing to consider that so many gentlemen who professe the lawes, and so many worthy men in both Houses should be so transported as they are, knowing that the Lawes of the Land from time to time, and in all times, are contrary to all their actions, and that yet they should amuse themselves and the people with the word of Parliament, without the King, and with the Covenant; whereas they know they are no Parliament without His Majestie, and that English men throughout the Kingdome should sweare a Covenant, to preserve the reformed Religion of Scotland, in Doctrine, Worship, Discipline and Government, which they no more know than the Doctrine, Worship, Discipline and Government of Prester Iohn in Ethiopia: if they consider it, they cannot but discerne that this is a high desperate and impious madnesse.
Be wise in time, without the King and the Lawes you will never have one houre of safety for your Persons, Wives, Children or Es [...]tes: Be good to your selves, and to your Posterities; apply your selves to be capable of an Act of Oblivion, and of a generall Pardon, and to be able and willing to pay the Souldiery, and to allow a reasonable liberty for mens consciences, and God will blesse your endeavours, and the people (to whom you are now very hatefull) will have you in better estimation.
The third Quaerie is thus answered.
You resemble the Army to Iacke Cade and his Complices, and you cite the Act of Parliament of 31. Hen. 6. cap. 1. and that it may appeare who acts the Part of Iacke Cade, you and that Party in the two Houses, or the Army, I thinke it necessary to set downe the said Act in words at large as followeth.
First, Whereas the most abominable Tyrant, horrible, odious [Page 6]and arrant false Traytor Iohn Cade, calling and naming himself sometime Mortimer, sometime Cap. of Kent, which name, fame, acts, and feats are to be removed out of the speech and mind of every faithfull Christian man perpetually, falsely and traiterously purposing, and imagining the perpetuall destruction of the Kings said Person, and finall subversion of this Realme, taking upon him Royall power, and gathering to him the Kings people in great numbers, by false, subtle imagined Language, and seditiously making a stirring Rebellion, and Insurrection, under colour of justice, for reformation of the Lawes of the said King, robbing, stealing, and spoiling great part of his faithfull people, Our said Soveraigne Lord the King considering the premises, with many other which were more odious to remember, by advise and consent of the Lords aforesaid, and at the request of the said Commons, and by authority aforesaid, hath ordained and established that the said Iohn Cade shall be reputed, had, named, and declared a false Traytour to our Soveraigne Lord the King; and that all his tyranny, acts, feats, and falie opinions shall be voyded, abated, annulled, destroyed & put out of remembrance for ever: and that all enditements and all things depending thereof, had and made under the power of tyranny shall be likewise void a [...]ulled, abated, repealed, and holden for none: and that the bloud of none of them be thereof defiled nor corrupted, but by the authority of the said Parliament cleerely declared for ever: and that all enditements in times comming in like case under power of tyranny, rebellion and stirring had, shall be of no Record nor effect, but void in Law; and all the Petitions delivered to the said King in his last Parliament, holden at VVestminster, Noveb. 6. in the 29. of his Raigne, against his mind by him not agreed, shall be taken and put in oblivion out of remembrance, undone, voyded, annulled, and destroyed for ever, as a thing purposed against God and conscience, and against His Royall Estate and preeminence, and also dishonourable and unreasonable.
Now wee are to examine who hath trod in the steps of Jack Cade, you and the present prevailing party of the two Houses tooke upon them, and doe take all the Royall Power in all things; so did Jack Cade, as appeares by the said Act; the Army doe not so: They who imprison the King purpose to destroy His Person (our imprisoned Kings alwayes Edward 2. Henry 6. Richard 2. fared so) Jack Cade did likewise so purpose, but the Army doe not so: The said party in the two Houses made a stirring under colour of Justice for Reformation of the Lawes; so did Jack Cade: The Army doe not so, but desire that the Lawes should be observed: Jack Cade levied Warre against the King, the Army preserves Him: Jack Cade dyed a Declared Traytor to his Soveraigne Lord the King; this Army lives to have the glorious true Honour of being restorers of their King.
Simon Sudbury Archbishop of Canterbury was murtheted by Jack Cade: William Laud Archbishop of Canterbury was likewise murthered by that party of the two Houses, for that an Ordinance by Law cannot take away any mans life, 25 Ed. 3.4. 28 Ed. 3.3. Petition of Right. 3 [...]ar. & his life was taken away by an Ordinance of the two Houses, the Army had no hand in it. Many misled by Jack Cade, perceiving his Trayterous purposes, fell from him; and as that was lawfull, just, and Honourable, so it is for this Army to adhere to their naturall King, and to indeavour to settle the Kingdome againe in the just Lawes and Liberties thereof: London did then right worthily adhere to the King and the Lawes, and not to Iack Cade and his specious pretences, and i [...] is hoped they will now so doe: By this it appeares, that the Gentlemans Discourse touching Iack Cade, fastens altogether on his party, and cleareth the Army.
To the IV. which is solved thus.
The Arreares of the Army (howbeit it is the least thing they looke after) yet being not paid them, it is by the Law of the Land a sufficient cause to leave and desert that party [Page 8]in the Houses: A person who serves in any kinde, and is not paid his wages, the desertion of that service is warrantable by the Lawes of the Land: Fi [...]z. N. B. 25 [...]. 9 Ed. 4.20. 38 H. 6.27. 23 Eliz. Dier 369. You say, the Houses will reforme all things when the Army doth disband; who will beleeve it? Will any beleeve that the setling of the Presbytery will doe it? Will any beleeve that his Majesty will passe the Propositions sent to Him to Newcastle? Will any man beleeve that this Kingdome will ever bee quiet, without His Majesty and the ancient and just Lawes? Can the Members of the Army conceive any of them to be safe in any thing, without a Pardon from His Majesty? Have they not seene some of their Fellows hanged before their eyes, for actions done as Souldiers? Shall the Kingdome have no account of the many Millions received of the Publike Money? Will the Members of the Houses accuse themselves? Shall private and publike Debts bee never paid? Shall the Kingdome lye ever under burthens of Oppression and Tyranny? There is no visible way to remedy all these enormities, but the power of the Army.
To the V. which is solved thus.
The Kingdome hath better assurance of Reformation from the Army, then from the Houses, for that in their Military way they have bin just, faithfull, & honorable, they have kept their words: That party of the Houses have bin constant to nothing but in dividing the publike Treasure among themselves, and in laying burdens upon the people, and in breaking all the Oathes, Vowes, and Promises they ever made: 2 & 2 Ed. 6. cap. 2.11 H 7 cap. 1. Calvins case, 7. para, Cook Iol. 11. As the Army hath power, so now adhering to the King, all the Lawes of God, Nature, and Man, are for them, their Armes are just, and blessed; and the King is bound in Justice to reward his Deliverers with Honour, Profit, and meet Liberty of Conscience.
To the VI. Quaere.
All the sixth Quaere containes Calumnies cast upon the Armie; the new elections are against all the Lawes mentioned in the Margin, 11 H. 4. c. 1. 1 H. 5. c. 1. 8 H. 6. c. 7. 23 H. 6. c. 15. and are against the ejection of the old Members: and by this it may be judged, what a House of Commons we have. By the said Lawes it appeares, that if any undue returne be made, the person returned is to continue a Member; the Sherifes punishment is two hundred pounds, one to the King, and the other to the partie that is duly elected; imprisonment for a yeare, without Bayle or Mainprise: and that person who is unduly returned, shall serve at his owne charge, and have no benefit at the end of the Parliament, by the Writ de solutione feodorum Militum, Civium & Burgensium Parliament. And the tryall of the falsitie of the returne, is to be before the Justices of Assises in the proper Countie, or by Action of Debt in any Court of Record. This condemnes the Committee for undue elections, which hath been practised but of late times: for besides these Lawes, it is a Maxime of the Common Law, 3 Ed. 4.20. 5 Ed. 4.42. an Averment is not receivable against the returne of the Sherife, for his returne is upon Oath which Oath is to be credited in that fuit wherein the returne is made.
The said Statutes condemne elections of such men which were not resiant and dwelt in the Countie or Boroughs for which they were returned; and any abusive practise of late times to the contrary, is against the Law, and ought not to be allowed.
To the VII. Quaere.
The Quaerist saith, That the Votes of the Independents in the Houses were arbitrarie, exorbitant, and irregular, and that they disposed and fingred more of the common Treasure then others: That whole Quaere, I believe, is false and [Page 10]slanderous; 57 E. 3. c. 17. and the Author ought to make it good, or else to undergoe the Law of Talion; which is, to suffer such punishment, failing of his proofe, as the accused should, in case of proofe made.
To the VIII. Quaere.
This Quaere is all minatorie and threatning, and the contrarie of every part is true: by the deliverance of the King and Kingdome from the bondage of that partie in the two Houses by the Army, their renowne will be everlasting; they secure themselves, they content and please the Kingdome, Citie, and Countrey, as appeares by their confluence to see his Majestie and the Armie, and their acclamations for his Majesties safetie and restitution: all which doth evidence to every one of the Armie, how acceptable the intentions of the Armie are to the people of this Land, who have been so long inthralled.
Sir Thomas Fairfax, let your Worthinesse remember your extraction and your Ladies, by the grace and favour of the Prince, to be in the ranke of Nobilitie; remember what honour and glory the present Age and all posteritie will justly give to the restorer of the King to his Throne, of the Lawes to their strength, and of the afflicted people of this Land to peace: let the Colonels and Commanders under you, and likewise your Souldierie, rest assured, that they shall not only share in the renowne of this action, but also shall have such remuneration as their hautie courage and so high a vertue doth deserve: This his Majestie can and will doe, the Houses neither will nor can; and God blesse you all, and prosper you.
I conclude all, as I have alwayes done: Without an Act of Oblivion, a generall Pardon, the Arreares of the Souldierie payd, and a regard to Libertie of Conscience, this Kingdome will certainly be ruined.