Occasioned by IX Queries, upon the Printed Charge of the Army, against the XI Members, and the Papers thereto annexe [...]; submitted to the publique consideration of all Lovers of Justice, Truth, Parliaments, Army, and their native Countrey.

By the Author of The Case of the Kingdome, &c.

Psal. 62.4.

They only consult to cast him down from his excel­lency, they delight in lies.

Printed in the Yeare, 1647.

The Lawyer of LINCOLNES-INNE Reformed.

SInce this Learned Gentlemans usuall way of Queries, ar­gue rather a disease of ill concoction in the Brain, than any reasonable Conclusion of what He undertakes, and is but a piece of Leiger-du-maine to amuse mens Under­standings, by feeding the Phantasie with such Feares and Jea­lousies, as the weaker sort of men (fruitfull enough in these times) create unto Themselves out of what they read, rather than any Satisfaction to the more solid part of the world: Give leave then to wonder, how He or any man dare owne so much Impudence and Virulence in such a Time as this, against so po­tent, so religious, so resolute, so well-accomplish't, well-disci­plin'd, and victorious an Army; the Justice of whose proceed­ings, as it triumphs beyond Apologie (being back't with all the Reason of an Honourable policy, and undeniable expedients for the good of the Kingdome;) so it must indeare them to the present, and shall innoble them to all future generations.

Therefore touching the first of these Cob-web-contrivanes by way of Querie, wherein those unspotted Letters and Declarati­ons from the Army (no lesse admirable for Stile than Equity) are most maliciously traduced as of dangerous Consequence; and the incomparable Generall, Officers, and Souldiers, taxed of Arbitrarinesse, and breach of the Houses privileges, because those Declarations and Charge against the Members went to the Presse without Leave from the House; I suppose the gene­rall approbation of men, and the sudden desertion of those Members (Argument enough of guilt) will clearely evince, that their Complaints were not causelesse, but of onely concern­ment and Consequence to the Interest, Peace, and Happinesse [...]f the English Nation, against all foraigne Incroachments of those, whose practice is, under pretence of Reformation, by themselves and some Apostate (with many deluded) Englishmen their A­gents, to make what Mercats they please of the Publique, to serve private ends. And further, it is time to consider what [Page 2] manner of men these are, and what Tyranny they would not execute (were their power answerable to those bitter passions, which they give us a Taste of upon every least occasion) see­ing they interpret so necessary and harmelesse an Act in the Ar­my, as a bare permission of their Papers to the Presse, into a sense of Arbitrarinesse and breach of Privilege; whereas they have done nothing this way, but what is most equitable in order to their owne vindication, and satisfaction of the whole King­dome, whose ignorance of the grounds of their so meritorious Ingagement, might have made them capable to entertaine any monstrous impressions and representations whatsoever, against the Proceedings of the Army. And truely, it is high time also, that some Course were taken for stating the Privileges of Par­liament into certaine Limits, that men may no longer wander in this particular, as in a wildernesse or Maze, nor run upon e­very Turne of humour and discontent, to secure themselves and their Designes, in the various, endlesse, and invisible La­byrinth of Parliamentary privilege.

Touching the second Querie, wherein the Proceedings of the Army are said to be the same with Jack Cade and his rebellious popular Army, and so an Argument is founded upon this Suppo­sition, on that Statute of 31. Hen. 6. cap. 1. concerning the Re­bellion of Cade, to nullifie the Charge against the Members now Impeached, viz. that ALL INDITEMENTS (or Char­ges) IN TIME COMMING IN LIKE CASE, UNDER POWER OF TYRANNY, REBELLION, or STIRRING HAD, SHALL BE OF NO RECORD NOR EFFECT, BUT VOID IN LAW; and so not to be received now by the Parliament till the Army be disbanded. An Argument as rare, as the mad Impudence of those many vile and inhumane As­persions wherewith he hath bespattered his Paper, is horrid and unpardonable! But first, to wipe away that of Tyranny, it can­not be unknown to all men, that as this Army behave them­selves with so much Temper, that few where they come have Cause to complaine of wrong or dammage, so the Principall motive of their thus Ingaging is, to Crush that Serpent in the Shel, which (if hatched to maturitie) would have given an irrecoverable wound to Monarchy and Libertie; and as the [Page 3] Kingly power must have beene rendred as contemptible here, as the same designe hath made it beyond Tweed; so the free­dome of the subject must have dwindled into the same misery, leannesse, and povertie, or worse than many of our poore Countrymen doe suffer, as slaves under the power of Asia.

And as for Rebellion, the second gudgeon which this bookish mad-man hath fish't out of the statute, for his friends to swallow in opinion against the Army; It is a most senselesse thing to call that a Rebellion against Parliament, when men doe Act meerly for those Ends, whereto they were first Commissionated by Parliament, against a visible Plot of particular men on foot, to amuse, abuse, and surprize the Parliament under-hand so farre, as to make them upon mis-informations, contribute toward the pre­judice of the whole Kingdome and themselves, in dis-counte­nancing and dis-contenting this Army; to whom (next under God) the Nation must owe the re-investiture of freedome, a­gainst the secret underminings of all such darke-lanthorne Pa­triots. For, though their Adversaries make an Advantage by scandalizing them as enemies to the Privileges of Parliament, (which is the maine designe of our Sottish Lawyer throughout his Queries) yet it cannot be so taken, since the Charge reflects onely upon a prevailing partie of private Interests, many of which have unduely crept into the House to serve by-ends, and over-awe the more Noble Partie; and so being in this desperate condition, think to shelter themselves under the notion of Parlia­mentary privilege, that they may with the more libertie and securitie, contrive the ruine of those greater ends, for whose protection and preservation they were first admitted or inten­ded (viz. the Rights and Privileges of the People;) so that the Army in accusing the Heads of these men, cannot be said to in­fringe the Privileges of Parliament, but rather to preserve them, lest through the infection of corrupt Members, they be tainted with Infamy, by being extended to countenance private wrongs or publique mischiefe. Nor is this onely a surmise to gaine a good opinion of the Army; for that needs not, seeing their Intentions are so apprehended by most people of the Kingdome, not onely in point of the Houses privileges, but also in relation to the common freedome of the subject, with a Re­stauration [Page 4]of the King in Parliament with such Honour and freedome, as may gaine a lasting Repute to those Acts that shall be provided for by the Royall Assent, in that behalfe: which (to the joy and happinesse of all true Englishmen, that have not lost themselves in a Scottish-Mist) wil prove the blessed consequence of that unparallel'd piece of Vertue in the Army, which is so per­niciously blasted with a Story of Iack Cade, and a phrentick slan­der of Rebellion and Tyranny.

To the third Querie, wherein the Charge is excepted against, as too generall and ambiguous, against eleven eminent Members, most of which have done gallant service in the field, without de­scending to particulars of persons, fact, time, place, &c. and so a most illegall, injurious, arbitrary accusation and proceeding, con­trary to all Rules of Justice and Equity: I shall extract severall Passages out of the Armies owne Papers, in justification of their Charge against all prejudice and calumny; as first, the Conclu­sion of the Charge it selfe (if the eager Gentleman had not over­look't it) might have satisfied him that they intended not to dwell upon Generals, though it were first offered in such termes, but descend to make good in particulars, each Head against some of the Persons, and some one head or more against each of the Persons; and shortly to give in the severall particulars a­gainst each Person respectively, and make them good by proofes, when the House of Commons should admit thereof; the Army desiring to have and reserve to themselves, the liberty of exhibi­ting any farther Charge against all or any of the said Persons.

Heare also the words of the last Declaration from the Army, which say; ‘Whereas many of the things whereto the Charge relates, are things spoken, moved, or done in the House, so as we have yet no cleare way opened, particularly to Charge or mention Them, or to produce proofes to Them, without some pretence against us of breach of Priviledge; and therefore (though we thinke no priviledge ought to protect evill men in doing wrong to particulars, or mischiefe to the publique, yet) we have been hitherto so tender of Parliament Privile­ges, as that we have only Remonstrated the evill of such things done; and supposing the House to have been (as we did and do beleeve, and if way were open without breach of Privi­ledge, [Page 5]should not doubt to prove it was) some waies mis­informed, deluded, surprized, or otherwise abused in those things by evill Members, we have frequently in former Pa­pers (before the Charge) put the Parliament upon it (who without colour of breach of Privilege might do it) to find out and discover who they were that had so abused Them, and to dis-ingage the Honour of Parliament from such evill practices and designes of such Incendiaries.

So that after so manifest Remonstrating to accuse and con­vince them by particulars, what doth our Lawyer, but play the Jack, by crying out injustice, injury, iniquity, and illegality of proceeding, upon surmised grounds of the Armies mannaging the Charge in generall, ambiguous, and uncertaine termes, which they have thus publiquely disclaimed?

As to the other part of this Querie, wherein it is said the King himselfe hath given the lye to some of the Armies Decla­rations, touching his willingnesse to remove from Holdenby, and Cornet Joyce his seizing his Person was a treasonable Action. I shall not stand to justifie the Cornets Act as tolerable by the rigour of the Law (by which only this confused Lay-Gospeller condemnes it;) but if we looke upon the impulsive Cause pre­vailing upon the Souldiery to attempt it, which was (as saies the last Declaration) the apprehension of private designes upon the King ere he came from Holdenby, to put his Majestie with­in the reach of those mens power, who sought for the advantage of his Person, thereby to imbroyle this Kingdome in a new and bloudy War, and strengthen themselves in their mischievous designes, the better to uphold their Faction, and intended do­mination; then we shall find that this seizing (or rather rescue) of the Kings Person, was the very key of the worke, to locke up that Cabinet of secret Treasons then and since discovered, which (like Pandora's Box) might else have replenished the world with mischiefes greater than before, and to unlocke that doore of future peace, which they and their confidents had barred up against the Kingdomes happinesse: So that if Cornet Ioyce hath out-witted them, though in somewhat an irregular way against the Letter of the Law, yet I trust this Nation will beare him out against all rigorous Lawyers, because of the happy conse­quence [Page 6]and effect it will produce both to Prince and People, by setting a period to one tumultuous War, and hindring the Pro­gresse of a second, which must necessarily have involved us in inevitable ruine. Nor do they yet give over the designe, but use all meanes to worke his Majesty (whose wisdome I doubt not is proofe against all flatteries tending to his ruine) to ingage and declare for them, or at least to declare Himselfe a prisoner, thereby to stir up His Party against the Army, who are the sure Guardians of his Crowne and Person.

To the fourth Querie, which is stuffed with a Rabble of slan­der; as that it was but a pretence of the Army about false infor­mations, mis-representations, and scandalous suggestions, made against them to the House: For this I hope the House will punish him in calling their wisdome so far in question, as to make the world beleeve so grave a Senate should upon a meere pretence of the Army retract one of their Declarations; and also right the Army from this scandall of pretence, by some reall example, to testifie a detestation of his abuse both to Themselves and the Army.

As also that the Army professe ungratefully and unchristian­ly touching the businesse of Ireland in the second, third, and fourth Articles of Charge. And what is it they professe there, but that charity begins at home? and seeing the Irish designe to be but a Plot to breake in pieces the Army, to make way for the advancement of their Faction here to the oppression and dedecoration of the Prince, Parliament, and People; and to leave them in such a lame abject condition, that the Clergy-lay Conventiclers of the Faction might in the meane while inslave them beyond recovery, they could not without offering violence to their principles, as Englishmen; to their Consciences, as Reli­ligious men; and to common piety, as lovers of their Countrey; but stay and see the Flocke secured from being made a prey to those Woolves here, who might in a short time have proved as bad as those that had devoured the prey already in Ireland; whose last ruines must be put upon their score, as those who by under-hand practices have hindred those many supplies, which might have been speeded away long ago, to the assistance and redemption of that poore Kingdome.

To the fifth Querie, Whether the Army might not as well, by such generall and uncertaine chargs, impeach the whole House its selfe as well as those eleven Members? This is more mon­strous than all the rest, and calls aloud upon the House to vin­dicate their Honour from so foule a supposition of guilt, which he endeavours to throw upon them all, equally with the Mem­bers impeached and their party, and endeavours to insinuate in­to mens minds, as if it were the case of the whole House, which as it is contrarie to that reverence which the Army owes, and will expresse to the Worthies of the House, so it requires the wisdome of those Worthies to correct the crafty sawcinesse of our Lawyer in vindication of their own credit, and terrifie other malepert Boutefeux of the faction from the like au­dacitie.

As for his parallelling the Kings demand of the five Mem­bers heretofore and the Armies of eleven now, were it not time to leave off the mention of ought that may reflect up­on him now, in a time when his honour and the Kingdomes peace are a repairing both together, I could manifest a great dis-proportion (in regard of circumstances) betwixt that act of the Kings, and this of the Army, and prove the invalidity of the instance. And whereas he prints that ordinary scan­dall in the mouthes of all that are of the faction, that the re­move of the impeached Members is endeavoured, onely that the Independent party might sway and vote what they please; what is it but to yeeld that those men were the heads of the faction, and held an influence on a great part of the House to serve their owne designe? who the (Grandees being with­drawne) may chance now to prove honest; which our furious Lawyer needed not to have exclaimed against so fearfully, if he had thought they had been ingaged upon such principles before, as would have rendred them lasting friends to the faction: But now, they being gone, it's like every Bowie may run with its owne Byas, I mean conscience, and every tub stand upon its owne bottome. Then sure that will appeare but an ill cause, whose Fautors grow jealous of thriving by faire play a­bove board.

To the sixth Querie, Wherein he taxes the Army as quar­relling [Page 10]at the Houses Votes, on purpose to keep from a disban­ding, to over-awe Parliament, City and Kingdome, and endea­vouring to throw all old and new elected Members out of the House, that are not of their Party, with some exceptions also at the latter Elections in Cornwall, Wales, &c. for the prevention of which, and the conquering those other Gugawes rambled up in this sixth Querie, our Lawyer desires to awaken all honest men in time. And surely, had not men need of an awakening, the Presbyters faction had never been adorned with so many Proselites in England; but now it is high time to open their eyes, that they may see who the men are, that have hoisted up such Votes by indirect means, on purpose to pick a quarrell with the Army, by putting them upon such extraordinary waies for the safety of themselves and the Kingdom, as in a time of lesse necessity and danger, they could not have adventured without a blemish of their Reputation: And it is so much the more trouble to them, to be reduced to this passe through the sub­tilty of their Adversaries, that they cannot assert the honour, freedome, and Priviledges of Parliament, but that they take occasion to wrest all their proceedings in Sequiorem, and re­present them as Anti-Parliamentary, to the in-observing and more easie understandings.

As concerning the Elections in Cornwall, &c. I had rather take the sense of the Army, many of whom have been pre­sent there, than the opinion of our Lawyer, who pronounces them all faire, with as much confidence as if Mahomets Pidge­on gave him Intelligence from all corners of the world.

In the seventh Querie he huddles over many Particulars of the same nature with those in some of the former; and both the seventh and eighth containe nothing but matter of rail­ing, scaudall, and misrepresentation, pretending that the Army acts against the Parliament and their Priviledges, which I have sufficiently refuted upon the former Queries; and ironically flouting them with the name of Saints, Saviours, Protectors, and the godly Party, telling them, they comply with the Ma­lignants once in armes, complaining of the Breach of Articles, and craving reparation for their wrongs, &c. But he never con­siders, that equity is due to our worst enemies; and being loth [Page 11]to give the Army the honour of their humane and equitable intentions, never tells upon what gronnd they are thus com­passionate to their quondam-Adversaries; which certainly ex­presses as much honour and justice, together with hope of tran­quillity to the Kingdom, as can possibly be imagined, by a due consideration of the right, quiet, and immunity of His Majesty, his royall Family, & late Partakers; supposing a spirit of common love and justice, diffusing it selfe to the good and preservation of All, wil be the only way to make up the most glorious Conquest over their hearts (if God in mercy see it good) to make them and the whole People of the Land lasting Friends.

But the main Scandal in the eight Querie is a story wherein he parallels the proceedings of the Army with the Anabaptists at Munster, with the same ungracious impudence, as he does by the Rebellion of Iack Cade in the second Querie, and so gives the City an Alarm to stand upon their Guard. It's well you'l be content with that posture now, but certain it is, the Designe, when it was first conceived in darknes, and the privy Iunto of Confederates had travailed with it a whole night, was brought forth in the morning, a fair Cockney with the face of a new warr; which was nourst up very carefully for a few daies, till the Citizens saw it would prove a very chargeable brat, and so it was immediatly smothered. I appland their wisedom, that they were able to see themselves made but a stalking-horse to serve other mens private ends; and I cannot but commend their resolution to free themselves from all such like purse­milking Complots for the future, which tend only to draw on the guilt of innocent blood, and draine the publick treasure of the Kingdom and City, to support the ambitious interests of particular men. And as for the Army, I doubt not but all men of this famons City uninterested (or not wrought upon and amused by persons Interested) are really satisfyed with their candid and sincere Intentions towards this City, so often pro­mised declared and remonstrated: And if through the seditious provocations of such furies as our Lawyer, they entertaine a causelesse jealousie, and be urged thereby to act in prejudice of the Army, that passionate love which I beare to the renown and glory of this delight of the Nation, makes me tremble to [Page 12]think into what fatall Consequences such cursed Counsellours would allure and insnare them: And therefore they had best be well advised, that they behave themselves with such mode­ration, as to do nothing but in order to their owne defence, from the injuries of discontented enemies within, and without the least shadow of provocation to their friends without, it resting upon their wise carriage, either to burie the seeds of warre, sedition and tumult, in an honourable Peace, or the hap­pinesse and glory of Great Britaine, in a new Rupture.

To the ninth and last Querie, wherein he taxes the Armies demand of a speedy Answer to their Remonstrance, to be the highest, arrogantest, and unreasonablest that ever was propo­sed, &c. I shall say no more but this, that necessity admits of no delay in Affaires of this nature, seeing it were as much as to put themselves to the hazzard of an After-game, when their enemies are visibly active upon the Counter-plot.

And I shall conclude only with one Anti-querie, in oppositi­on to his nine Queries, viz: Whether if the Author of those impudent, false, and seditious Queries, have no eares to lose, hee deserve not to bee cramp't in that right Thumb, which hath heretofore condemned so much Law and Divinity to confusion; and now at last, most impiously scandalized our best friends, as enemies of the Kingdom.


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