I Have a long time waited, and with waiting longed, to hear, or see somewhat proceed from some of the Army, in order to their own justification, (more able for such imployment) and in Answer to the forementioned Book styled, The lawfulnesse of the late Passages of the Army, &c. Examined. But hitherto my hopes have been frustrate, which hath forced me (unapt for such a work) to crowd amongst others, (not out of vain ostentation) upon the common Theater' to each mans publick view; my sincear indeavours aspiring no higher, then to give satisfaction to my doubting friends, (if I can) next to that main mark, (whereunto relation ought chiefly, to be had, in all things) even the glory of God. I was at first incouraged hereunto by the opprobious and despitefull language I frequently heard in the mouths of divers ill-affected persons, against the Army, and many times my self being scornfully hit in the teeth, by the shewing of this, and such like Pam­phlets unto me. And knowing well enough it can be no affront to Justice, to speak the truth, in behalf of the condemned Innocent, (it no whit opposing the just Law of this Kingdom, nor right reason, which is (or ought to be) the ground of all Law, for Lex est sum­ma Ratio) I have undertaken the insuing discourse. And as it is the greatest glory, that any Nation, or People are invested with, to be under the Command, and Jurisdiction, of a sound, impartiall, and well principled Government, and upon good grounds, not to fear slavery, vassalage, thraldom, a yoak too ponderous for any to puton, (especially those, who are born free, and have the very name of freedom written, in so fair a Character in their foreheads, (Ab O­rigine) that it is conspicious, to the whole universe, and the remo­test Nations can read it as well as themselves:) So, on the contra­ry, for such to lye tamely under the corrupt Constitution of an in­slaving power, (being clothed from their creations, with admi­rable Immunities, Nature her self crowning them with so rich a fa­vour, [Page 2]and abhorring thraldom in any) is the greatest obloquie, and brand of shame, sorrow, and infamie, that can befall a free State, or Kingdom. Oppression, injustice, and vassalage, is not, ought not, to be indured in any, by whomsoever, or howsoever imposed, it be­ing abominated and detested by the sacred Lawes, of Religion, Reason,Roma Tybur amo vent su, Tybure Ro­mam. Verg. Nature, and Nations. It is a very sad disaster, and a great sign of instability, when men, and their principles differ upon every occasion, nay sometime without the least visible occasion thereun­to. I know no one place or text of Scripture, the truth whereof hath been better backt, and attended, in all foregoing ages, and our present times,Obad. 7. ver. with more credible testimonies of verity then Da­vids so often repeated Maxime, That those of a mans own house, com­monly prove his greatest enemies. I shall not make any Application of this to the present opposer, only give me so much favour, as to tell you with all meeknesse, that though you had not that relation to the Army, as serve the State with them in particular ingage­ments in the Field, yet that you should pretend friendship when their hearts, and hands, were active, and successefull in fighting for freedom, and now desert and deny them, for desiring the fruition of the same things they contended for, is no lesse then a wonder to me; insomuch, that (I fear) you, as well as others, in cases of the like nature, and concernment do hoise saile, more for some private unhappy respect, then for publick good and interest; but beware lest your unsound vessell meet with rocks, and there God find you out to your shame. Will you give the Army leave to sight, and spill their bloud, for the recovery of the just wholesome Lawes of the Nation, and shall they not be permitted now to speak for the exe­cution of them? Will you be a friend when they fight, and a foe when they have obtained, because they desire the reasonable per­formance of undeniable ingagements? Have not the whole King­dom cause to look about them, and suspect, (yea and in time pre­vent) a design, when men dissent from the Army, because their tongues concurre with their hearts, hands, and the end of their Commission. But not to tarry any longer here; we will come to the preface or Introduction to your Examination, which in the first place you lay down thus;

[...]f the late Declaration from the Army, of June 14. 1647. had given satisfaction to all their friends (as it seemed to promise in the first line) I should then have been silent, &c. It was not the intent of that first [Page 3]line, that the Declaration could without a blessing give satisfacti­on unto any, much lesse to all their friends, for its not in the power of any (but God himselfe) either to perswade, or prevaile with the judgements of men, and the Declaration is but a meanes thereun­to tending: And that the Declaration (concluded on by his Ex­cellency Sir Thomas Fairfax and his Councell of VVarre, after­ward read in the head of every Regiment in the Army, and at last consented unto by the Officers and Souldiers thereof) did not give satisfaction (though intended for that use) to all their pretended friends, or reall enemies, is not through any insufficien­cy in the thing it selfe, which is to all rationall men satisfactory enough, considered as an instrument; but either their owne in­capability, stubbornenesse, or selfe-ends, by which meanes they will not incline their eares to the truth thereof. Then you say, who have ever (untill some of their late proceedings) not onely had the Army in great esteem and honour, but studied and endeavou­red (according to my abilities and place) to bee serviceable to them: Truly Sir, for your pretended esteeme and honour of the Army formerly, (whilst it lasted) they were beholden to you; but it sills me with admiration, that you were no more reall nor stable, and that your principles should be so slippery, as degenerate from what they were, and your judgement so darkned, as to mis­take the well-grounded purposes and principles of the Army: and what those late proceedings of theirs should be, whereat you take occasion to with-draw your first love, I am altogether ignorant of, unlesse because the Army are (by divine power) contriving, how righteousnesse and peace might kisse each other, justice and judge­ment run downe our streets like a mighty streame: and for your studying to serve the Army, according to your place and ability, and not persisting therein, whilst they in the whole progresse of this late businesse, have not in the least desired ought, but what the Parliament in their many Declarations have faithfully promised, (I wish they had been as really performed, & then our troubles had ceased) might be sufficient cause of sorrow and sadnesse unto you.

And to speake in justification of their very adversaries, in this one respect I dare boldly affirme it, the Army have received more civill usage, curteous respect, and affectionate expressions of love from them, then from many of the neare pretended friends of the Parliaments Cause; and this not out of any hopes they have, that [Page 4]the Army should effect that at last, which at first they opposed, and the other partie stood for; or that they looke for any curte­sie or favour from them, more then what in conscience and equity, they are bound to allow them; but meerly from the observation of their good ends, (whereof many are convinced) civill deport­ments, and honourable performances of Articles and Covenants, which merits no lesse then cordiall affection from very Enemies. But now you say, all your glorying in them is turned into shame, and your prayers and praises to God for them, into mourning and astonishment: I had rather heare this were for the fore-cited rea­son, to wit, your strange revolting from the Kingdomes cause, then that you seem to mention, viz. to see that under the gene­rall notions, and colours of Gods glory, and good intentions to the Liberties and peace of the people of this Nation, the late acti­ons and practices of the Army, in disobeying and opposing the Parliament (if persisted in) will appeare to be contrary to the Lawes of God and the Kingdome, and to their duty, trust, and in­gagement to the Parliament of England, &c. I am sorry the eye of your judgement is so much obscured, and you so much mistaken in the affaires and proceedings of the Army: Doth it derogate more from Gods glory, when the Army present their humble de­sires to the Parliament by way of Petition, then it did when they freely powred forth their blood against the stubborne Adversaries of our Tranquillity and Freedome? Are the good intents of the Generall to the Liberties and peace of this Nation, lesse good, be­cause he hath gained them (vi & Armis) from the irreconcilea­ble enemies thereof, and now desire the enjoyment of them for the Nation, from those who arbitrarily and unjustly detaine them? Is it more disobedience or opposition in the Army, to demand the price of their blood, even their hardly gotten Liberties of the Par­liament, then it was in the Parliament at first to raise warre against the King? The Army might say to the Parliament in relation to their late proceedings, as they said to the King at the beginning of this unhappie fraction;

It is a levying of warre against the King, when it is against his Lawes and Authorities, Book Dccl. part 1. pag. 276 where by the Statute of 25. [...]d. 3. though it be not immediately against his Person and the levying of force against his personall commands, though accom­panied with his presence; if it be not against his Lawes and Authority, but in maintenance thereof, is not levying warre against the King, [Page 5]but for him, &c. So (and no otherwise) it is disobedience and op­position against the Parliament, when it is against their Lawes and Authorities, though it be not immediately against their persons; and disobedience and opposition to their personall commands, though accompanied with their presence, if it be not against their Lawes and Authorities, but in maintenance thereof, is not disobe­dience and opposition to the Parliament, but the defence of the Parliament and their due Priviledges: In the judgement of any ingenuous man, that which you call disobedience and opposition in the Army, is no more then what the King called Rebellion in the Parliament, and their actions then will appeare as contrary to the Lawes of God and the Kingdome, and to their duty, trust, and ingagement to the King and Kingdome of England, as the present progressions of the Army will to the Parliament of En­gland; for it is evident to all the world, that the Army are gui­ded by the very selfe-same principles now, that the Parliament were grounded on at the beginning of this unhappy distraction;Novemb. 2. 1646. Declar. 1 par [...] 696 & page 150. observe but their owne expression, That obedience binds not men to cut their owne throats, &c. had the Army obeyed the groundlesse personall Commands of the Parliament, how unhappie had both themselves and the whole Kingdom been? The Parliament at first alarumed the whole Kingdom, crying, Arme, arme, arme, with bea­ting of Drums, and soundings of Trumpets, (the sad precursors of insuing War, and woe) assuring the people, the King, and his Coun­sell then, intended to destroy their Religion, subvert their Lawes, enslave themselves, &c. Whereupon the people suddenly set them­selves in a defensive Martiall posture for the Parliament against the King; and both parties resolved, and to that purpose declared, to stand by each other, in safe-guarding their Freedoms, & immuni­ties, (the justest cause of any War,) whereupon, an Army was im­meadiatly sent forth, who took upon them to restore (or lose their lives) the peoples Freedoms; this being done, and liberty purchased with the effusion of bloud, were it not perjury, and perfidiousnesse in the Army, to suffer some Members of Parliament (after all this) to inthrall the people, and undo themselves? Which was evident enough they would have done, (had they power answerable to their malice) as appears by Sir Philip Stapleton, who was heard to report, when the Army but intended to Petition for their dues, That it was come to that passe, that either the Army must down, or [Page 6]They, meaning himself and his corrupt Rivals, must downe.

And if the Armies refusing to forfeit for ever their own and the Kingdoms freedomes, and surrender it, though earned with the in­valuable price of their dearest bloud, to an inconsiderable party, of Arbitrary, merciless men, in both, or either House of Parliament, be disobedience, and opposition, as you terme it, to the whole, then how will you define obedience? Do you imagine the Parliament cannot oppresse? And if they do, must not ease be petitioned for, but for so doing the Petitioners must be accounted disobedient, and opposers? Parliaments were called for the benefit, and not dis-ease of the people.

There are severall things,Four causes of a Parliaments being which are chiefly the considerable Causes of a Parliaments Being;

• 1 The out-cries of a free people inslaved, to their King, for his Summons.
• 2 The Kings Summons, for the calling of a Parliament.
• 3 The peoples Election of their Members.
• 4 The Members appearance (upon the foresaid Summons and the peoples Election) to any place appointed by the King, for to order, and dispose of the great Affairs of the Kingdom.

Now when this Assembly thus lawfully gathered, shall forget the ends of their Constitution, and not rectifie, or cause to be recti­fied, the known wrongs, and greivances of the People, and restore liberty to the enslaved, the people may, (and are bound thereunto by the Lawes of Religion, Reason, Nature, and Nations,) sue, and Petition for their just rights. Neither have the Parliament power to Act,Ier. 38.5. or order any thing but that which tends to the mutuall good and known weal of the people. If King Zedekiah, by his own confession, could not imprison a man, without, or against the ad­vice of his Princes, then by what Law, can the King, or Parliament of England, or both together, assume such a power to themselves, as bereave the people of their liberties, and birthrights? The peo­ple of this Nation, and so the Army as a substantiall part thereof, being equally born free, may refuse obedience to any Acts, or im­positions of King, or Parliament, whose apparent tendency is to their own ruine, and overthrow: and if it be so, that the Kingdom, and Army, must neither refuse obedience to unjust commands, nor Petition for redress of manifest wrongs, (without being branded with disobedient, opposers, infringers of the peace of the King­dom, [Page 7]and enemies to the State, and that which will be the sad consequence of all these, even the whole Kingdome and Army ex­posed to the limitlesse pleasures of mercilesse men, whose tender mercies (as the wise man saith) are cruell, then farewell indeered Freedomes for ever.

Object. But to this you will happily object, Who shall judge when the Acts of the Parliament be destructive to the people?

Answ. In this case I know, at present, no better judge then their owne common and frequent experience, that undergo op­pression and wrong; who can better informe a man that he hath lost the use of one of his joynts or members, then he that wants it?

But not to stay longer here, I shall proceed to your next clause, to wit, by Parliament. whose Commission they are an Army, and are but a tu­multuous number of men; when they act or do any thing that is not in order to or within the limits of that Commission, which I take to bee, the utmost bounds of their calling as an Army: and when any man or number of men, step out of their calling, or if in their calling run out into by and unwarrantable waies, they can upon no good grounds looke either for protection, or expect a blessing, &c.

It is true, it was by the Parliaments Commission and none o­thers they were an Army; yet that was not the onely cause of their being an Army, but something in relation to the Kingdome in generall, and something also in relation to themselves in parti­cular: and therefore observe these things considerable in the rai­sing and levying of a lawfull Army.Three things to be conside­red in the rai­sing of a lawful Army.

• 1. The lawfulnesse of the Cause.
• 2. The lawfulnesse of the Call or Commission.
• 3. The collection or gathering together of the people in a for­midable posture.

For the cause of raising this Army, it was the preservation of His Majesties Royall Person, and Kingdome, restauration of our almost lost Lawes and Liberties, defence of the just Rights and Priviledges of Parliaments, &c. their Commission was from the Parliament, and their collection from themselves freely and wil­lingly without constraint, or force, and this last they were in­duced and provoked unto by vertue of the two former, to wit, the Cause and Commission; all which have a necessary dependence each on the other, and are inseparable in the levying of a lawfull Army; insomuch that a Commission without the peoples free [Page 8]consent, cannot raise an Army, nor both of them (as some have untruly said) make a lawfull Army, without a lawfull Cause.

And now I appeale to you and the whole Kingdome, if the Army have not to their power, inviolably observed, and with the price of their blood, effected the substantiall end of their Commis­sion, which was for the defence of the Kingdome, &c. as their owne Ordinances import,Ordin. Feb. 15 1644. & Apr. 1. 1645. and if some dis-affected Members in both or either House of Parliament, did betray the confidence and trust reposed in them, and by their too effectuall insluence on o­thers, (who perchance have no great desires to close with, or can discerne their base ends therein) so carry on their deep and darke designes, that the Kingdome suffers too much prejudice by them: must this constraine the Army to doe so likewise? Shall none be ready to stand in the gap in behalfe of this almost ruined King­dome, and stop that inevitable inundation of misery ready to over­whelme us through the inhumane malice of those who make their lust their Law? Is there no meanes left of freedome from Ae­gyptian Task-masters? Was it lawfull for the Army to oppose vassallage and thraledome to the death in the Kings party, and shall they so easily subject themselves, and by their meanes the whole Kingdome to a farre worse tyranny in some Members of Parliament? Or shall they out-strip their Commission, which is just and equitable, which is still in force till the ends thereof bee performed by the Parliament as well as by them, and now run themselves into extravagant courses of Injustice and Tyranny, be­cause others doe so? Must they bid adieu to their Commission and the fruits of their labours, because they have laboured, and those who gave them their Commission command them? But I shall re­tort this assertion into your owne bosome againe thus:

The Parliament are a Parliament by the Kings Warrant and the Peoples Election, for hearing complaints and redressing wrongs in the Kingdome: But when they act or doany thing that is not in order to or within the limits of that Warrant or Commission, unlesse they pretend a Commission limitlesse, as the sequele of your discourse imports, and tending also to the peoples benefit, by whom they were chosen, which I take to be the utmost bounds of their calling, as a Parliament, they are but a tumultuous number of men, and though any particular man, or number of men in the Parliament, step out of their calling, or if in their calling run [Page 9]out into by and unwarrantable waies, they can upon no good grounds, that I know of, either looke for protection, or expect a blessing.

And then, as you import in the next place, however such pro­ceedings being back't with policy and power, may have successe at present, yet they are sure to be bitternesse in the end.

For the rest of your Exordium or Introduction into your dis­course or pretended Examination, I shall leave as impertinent, my ordinary imployments not favouring me with time enough to exa­mine every thing.

Now to the first part of your Examination of the Armies De­claration, where you affirme,

That although as particular English-men, they may petition or plead for what they thinke makes for the right, freedome, peace, and safety of themselves and the Kingdome; yet they cannot doe it as an Army, for that relates onely to those uses (for which it was made) limited within Commission: of your Assertion, I make a triple dividend, the affirmative and negative parts, and the rea­son of the latter.

1. In your affirmative part you grant all I desire, and there­fore needs no further trouble, to wit, that as particular English­men the Army may petition or plead for what they thinke makes for the right, freedome, peace, and safety of themselves and the King­dome.

2. In your second or negative part you affirme, they cannot doe it as an Army. To which I answer:

If not as an Army, then not at all; but their being an Army layeth severall ingagements on them to petition.

1. The violence, oppression, and injustice done to the people, in not hearing, and granting their just desires and Petitions, un­warrantable commitments, illegall levyings of moneyes, and nei­ther paying them for the uses pretended, nor at all accounting for them, with divers other galling pressures, which constraine the Ar­my, as an Army, to plead and petition for the Kingdome and themselves.

2. The cries and dolefull clamours of many thousands, distres­sed people in severall Counties of this Kingdome, abused, reviled and rejected by their ill-affected Trustees in Parliament, inforceth them to plead as an Army; which said people, after the presen­tation [Page 10]of divers humble Petitions, yet refused, though by due course of Law, reason, and honesty, they ought and are bound in conscience not onely to receive them, but make report thereof, and give effectuall answers thereunto, know no other meanes left them under the Sun, for the obtaining their just but lost Liberties, except this Army, as an Army, in which case they make a law of necessity,Necessitas non habet Le­gem. which is without law, and exemption from vassallage, their reasonable suit.

3. Their very Commission in a double respect, doth inforce them as an Army hereunto, which might sufficiently satisfie any rationall conscientious man, in relation to their late proceedings; though no more were said of it.Reasons why their Commis­sion warrants them.

• 1. Beecause they received it from the Parliament.
• 2. They received it from the Parliament by, and according to Law.

First, they received it from the Parliament, who are a lawfull Parliament, and so to be obeyed whilst they act and order, accor­ding to the Lawes that made them so, and in order to the speciall ends of their being and constitution.

They received it from the Parliament by and according to Law, and so are injoyned by Law, to observe the commands and in­junctions of the Law therein, and to compasse the ends of the said Commission, according, and not against or without Law, though the Parliament themselves should severely require it: And if this were not so, the Army must and ought to infringe and vio­late the Law, and consequently for get the meaning and ends of their Commission, because they do so from whom they received it. It stands not with reason that you or I should act the parts of mad-men or fooles, because some, and those eminent wise men and nearely related to us, have done so before us.

The principall part of their Commission I have before rehearsed, which is, [...]or defence of the Kingdome, according to the fore-quo­ted Ordinances: whereby it is evident, that if the Army by ver­tue of that Commission, are bound to defend the Kingdome, which is the utltimate end thereof, then are they obliged also, to the defence of every particular member in the Kingdome, without limitation of time, or respect of persons; and if the Army may defend the Kingdome against the incroachments and inroads made by the King upon our Liberties and Franchises, (he being the [Page 11]Superiour Magistrate in the Kingdome, whilst guided and biassed by Law) then doubtlesse they may as responsibly defend it against the usurpations of the Parliament, when their actions run in the corrupt channell of the peoples vassallage, ruine. And in case the Parliament refuse to give the oppressed protection and delive­rance, then the Army must and are bound to doe it for them, or else they must be forced to set themselves in a warlike posture, and require it of them; which to do, how sad it would be to the Parlia­ment and Kingdom, let all judge.

When any case of publike concernment is in debate by the Par­liament, tending directly to the weale of the people or not, and then referred to a Vote, that Vote carries it right or wrong: Now if the Parliament consist of so many ill-affected Members, which was the condition of the House since their last new moulding, as to carry the Vote to the disturbance and prejudice of the people, when it is apparently and evidently so, and the people smart and groane under it, and when they petition no redresse can be had, then I beseech you, what other course or meanes is there left for this distressed people to take, but to use the power of an Army? or must they and their posterities, notwithstanding they were crea­ted free, lie for ever under such insupportable languishments? It is true, the Army received their Commission from the Parliament, and so did the Parliament theirs from the people; so that the Ar­my are as equally intrusted by the people, as they are by the Parlia­ment, or the Parliament by the people: For the Parliament were no Parliament without the peoples leave, nor could they give Commission, till first they received one themselves: whereby it appeares, the Army have their Commissions as certainely and un­doubtedly from the people of England, as any inferiour Officers in Sir Thomas Fairfax's Army have theirs from the Parliament; and the people are as really obliged, to stand firme and intire to them, whilst they act according to their Commission, as the Parliament are to countenance and protect any Officer or number of Officers, who refuse obedience to their Generall, when he commands him or them to betray their trust. Therefore I say, if the Parliament forget their first principles, and stop their cares from the peoples sighings, the Army are required (if they violate not the trust repo­sed in them) to use their best endeavours to relieve them. And this cleares the third part of their assertion, which is the reason [Page 12]you give why the Army cannot plead or petition for what they know makes for the right, freedome, peace and safety of them­selves and the Kingdome, as they are an Army, to wit,

Because that relates onely to those uses, for which it was made, limi­ted within it Commission.

Which Commission (as I said before) doth as really authorize them, as an Army, to desire right from the Parliament for the peo­ple of this Nation, as it did put them in a capacity of fighting, and powring out their blood for their rights; or the Parliaments Commission did invest them with power to regulate the affaires of the Kingdome, and consequently, in case of visible ne­cessity, to raise and maintaine an Army in otder there­unto.

If the Parliament declare against the Army for the just prosecu­tion and performance of their owne Orders, and Ordinances, they doe as immediately and directly declare against themselves; yea, by striveing to condemne and overthrow the Army, they doe but dig a pit or lay a snare (as David saith) for themselves to fall into: For if the Parliaments Declarations and Ordinances, by themselves framed and composed, in order to the raising and main­taining of a force, and granting them a Commission, were not ac­cording to Law, which most men confesse they were, then the Ar­my were culpapble and responsible to another Parliament, if any should be after the dissolution of this, for obeying the Votes and directions of this, yea and this Parliament themselves could not be free from severe examination in this particular. But if the Par­liaments Declarations and Ordinances in relation to the levying of an Army, were firmely grounded on Law, and Reason, as undoubt­edly they were, and so kept and precisely observed by the Army; if the Authours of them, viz. the Parliament should begin and persist in the unjust violation of them, who is fault-worthy? the Army that keepeth them, or the Parliament who infringe them? If the Parliament command injustice, shall not they be responsible for it, when the Army who did but execute their commands, escape Scot-free? Shall the instrument be broken, and the hand that made and used it, be discharged from the fact? Doth the Army crave anie thing but what the Parliament have often promised, the Law warrants, your selfe, with the rest of your friends, I hope the Armies friends too, would willingly and gratefully partake of? [Page 13]If they doe, then what is it? If they do not, then why are they so much blamed? When the warre was hot in the Kingdome, which, and for which blessed for ever be our God, is now asswaged and mitigated by the fidelity, valour and unanimity of this Army, un­der the wise conduct of puissant Fairfax, the onely instruments in Gods hands to period our dismall distractions, they never trou­bled the Parliament or themselves with things of this concernment, but quietly and patiently, as led thereunto by the very hand of providence, obeyed all commands tending to publike safety, and freely underwent the saddest exigences of a fiery Warre: and when none els were honoured with the like victories, they indured without grudging or repineing the test and brunt thereof, and ne­ver molested the Parliament with one scrip or line, as other Ar­mies did, and at that time well enough resented too, which might impede them in their publike and ponderous negotiations: yea, they freely subjected and exposed themselves to the mercilesse ex­tremities of wind and weather, hunger, nakednesse, the dis-favour and hate of divers of their best friends, and what not? But alas! we are now againe in peace, and these mercies are utterly for­gotten. Besides, other Armies before this, did severall times plead and petition, as Armies, not so much necessitated thereunto, as this Army is, and it was well accepted, and requited with plausi­ble answers of satisfaction in their just demands; yet this Army, if they but offer to petition as an Army, is so ill resented, that they shall immediately, without being heard for themselves, be decla­red enemies, &c. Had they but (unworthily) committed those outragious incivilities, and offered such affronts and indignities to the two Houses of Parliament, as the London Faction (the best friends to the impeached Members) did, I dare affirme, the City and whole Kingdome had been flameing about their eares ere this day: but this is not so considerable a crime in them, nay, no crime at all, as some peremptorily report, because they were no Army, had they but a Commission, then this were a fault in them, but as the case stands now, it is none. Had not our Brethren the Scots (not to deprive them of their dues, which they deserved) all that they desired or demanded as an Army?Pax quaeritur Bellc. L.G. Crumwells Mot­to. But now tempora mutan­tur & nos mutamur in illis, this Army must not desire those things as an Army, which other Armies with much facility have obtained: and all the reason I know for it is, because peace is extracted from [Page 14]warre, by the prodigall effusion of the precious blood of divers in this Army.

In the next place, you say, for their affirming they are not a mer­cenarie Army, you will not spend time to dispute it, and in my judgement you have taken the wisest course, unlesse you be so good a Sophister, as to make truth appeare falshood, and falshood truth; which is something difficult in the apprehension of any ho­nest man. Yet, say you, every one sees they insist much on their wages: and good reason they should, when so many of them have spent the prime and flower of their yeares in the service of the Kingdome, divers of them being men of trades and callings, and have charges of families, who depend wholly upon their honest endeavours, and were able sufficiently to maintaine them before this warre, and now have no subsistence or livelihood, whereby to relieve themselves or families, but that small pittance of pay they seldome, yet sometimes receive from the State, who called them from their functions to publike imployments.

Others there be, who though they have sufficient estates, yet some of them have been wholly sequestred in those parts of the Kingdome where the King had any Garrisons, or parties to com­mand them. And the rest by reason of the unsupportable taxes of the Kingdome, had little or no benefit by them: yea I have known some that have served the Parliament faithfully and valiantly, who have been worse dealt with in their estates then Papists, and others who were in actuall service against them. And now tell me, if the Parliament are not bound to give the labourer his deserved hire, and this Army have not sufficient cause to insist on their wages: I am very confident, that if the Parliament had but allowed them what was promised, and for the use levied in the Kingdome, you nor they should have heard one word more of them, in relation to that particular.

And for that Scripture you alledge in the 3. of Luke 14. that Souldiers should be content with their wages, the Army have been in the whole progresse of this warre so farre from grudging, re­pineing, or being discontent with their wages, that they have been very well content without it, even to the admiration of all the Countreyes they have marched thorow, and (for ought they or I can perceive) are like so to continue yet a while. The Kingdome are sensible enough of nineteen millions of money (some say [Page 15]73000000.) that hath been with more then ordinary hast, and in little time extracted from them, and if any part of it be trans­ported beyond Seas, it's past their skill to bring it backe againe: yea they know also, the Army have not received above 1400000. l. of all that vast sum: and how the residue is disposed of, cannot (I thinke) be well and honestly accounted. I presume, that if all the Parliament-men in England, Committee-men, Sequestrators, Excize-men and all the Assembly-men, with all their Clarks, Atten­dants, and fellowes, and all other such Officers made since the War in pay, were but drawne together into one field, you should find them in number to super-equallize half Sir Thomas Fairfax's Army, and these men have been constantly payed, de die in diem, from day to day; but the Army who have secured these by the frequent distil­lings of their blood, must be content with a twelve moneths pay in two years time, and Ordinances must be made for the discharge of their quarters too, of purpose to set the Countrey and them toge­ther by the ears, by making them believe the souldiers must do what is impossible for them to do, viz. discharge their quarters, when they have scarce money to buy them cloathes to keep them from the cold wind, and aire.

Truly Sir, you might rather admire the patience of the Souldi­ers, that they have forborne so long, and been no more earnest for their wages, then that they have insisted so much thereon at this time. There be divers Sequestrators and others, who inrich themselves with the ruines of honester men, and fill their coffers with the decayed Countreyes wealth; yet such men may escape unquestioned, for their oppression and injustice, when the Army shall be reviled, despised, declared against for insisting on their wa­ges, and petitioning for it, though in a legall way: but the old Proverb is verified by this, That some had better steale a horse, then o­thers stand and looke on.

There is the high and mighty Sequestrator of Suffolke, his name is Base, (so is his nature) and if his head had been sequestred from his body long since, it had been better for those parts: his owne estate at the beginning of this warre was worth 70. or 80. l. per annum, and as much in debt as his estate was worth; yet in these few yeares of Englands misery, hath he been making his harvest; for he hath not onely discharged his debt, but proffered to a Gen­tleman, an acquaintance of mine in that Countrey, above 3000. l. [Page 16]for his house and Land that he lived on; and (as I am credibly in­formed) hath purchased some store of Land in the same Countrey, and also sent some quantity of Cash into Holland against a rainy day, there to keep Christmas with his Grandsire Waller, and the rest of that rabble, birds of a feather, flock together: and therefore you may imagine ex pede Herculem, by the dimension of the foote, the proportion of the whole body. So much for that part of your Examination: then you continue thus:

For what you speake of the Arbitrary Power of a State, and of vi­olence, oppression, particular Parties and Interests, if you apply it to the present case, to justifie your not obeying the Parliament, and other­wise it signifies nothing, then I must say, it is exceeding unjust when you do not instance in any one action wherein they are willingly guilty of any such charge. To this I shall reply as concise an answer, as I can, and that in these ensuing particulars:

1. That you have mistaken the candid meaning of the Declara­tion, for it speakes not positively of the Parliament, or any o­thers, that they have done violence, oppression, injustice, &c.

2. Whereas the Declaration saith, they will vindicate the just power and rights of this Kingdome in Parliament, against all ar­bitrary power, violence, &c. it speaketh not in relation to the Par­liament, as I said before, unlesse your and their consciences informe you, that they, or rather some of their Members, are guilty of the premises, and so come under the lash of that Declaration; but those, whatever hee or they bee, who have, doe or shall for the future practice arbitrarinesse, violence, oppression, &c. a­gainst the free People of England, as the impeached Members have done.

3. It is not wisdome in any man, or society of men, to instance particulars, before a generall is proposed, though but in the charge of a single man.

4. If all were true that you say, and that it were so, that if the Army apply not what they speake of arbitrary powers, violence, oppression, &c. to the present case, it signifies nothing, and that i [...] is unjust in the Army, that they doe not instance one action of injustice the Parliament have done, yet it can be reputed (time, place, and other inconveniences considered) no lesse then a point of greatest modesty, meeknesse, and wisdom in them to forbeare a while.

5. Though your misapprehension were granted for a truth, which I dare not doe, that it was the intent of the Declaration peremptorily and positively, to tax the Parliament of arbitrarinesse, violence oppression, &c. yet for your satissaction, and the Vindi­cation of the Army from that aspersion of Injustice you east on it, I shall instance in some particulars, wherein arbitrarinesse, vio­lence, oppression, &c. hath been conmitted in a more then ordi­nary measure, and with unaccustomed speed, though I confesse, it is such a point, that I had rather deny my selfe in silence, and weep over the failings of men, then to rip them open to the view of the world.

One is the late ordering of the Militia of London, and remo­moving it out of the hands of those who had (during the late Warres) served the Parliament and Kingdome faithfully and va­liantly, not fearing to hang their lives on the points of their swords (as at Glocester and both Newbery fights) in defence of the just Freedomes and Rights of this Nation, and disposing there­of into the hands of some, who are no lesse then Delinquents, if they had their due, and others whose cowardly hearts dare not adventure further then they see the smoke of London Chimneyes, and yet are (forsooth) tied to a Sword in a Militia posture; some againe there be who have all these times kept at a distance and stood as Newterall and dis-affected to both parties, and these are the men to whom is committed not only the guard of that renow­ned, famous, wealthy, and populous City of London, and by con­sequence of the whole Kingdome, the Army once disbanded, it being the Head-Quarters and Magazine thereof; but they are also intrusted with the safety of the Parliament, the grand Court of the Kingdome, and those honest conscientious Worthies of Lon­don were dismist, to their extreme dishonour, in the vulgars view, as if they had done something worthy cashiering, and that, upon no grounds in the earth, nor as much as one word was objected a­gainst them. If they may do thus to the City, that is as an intire, compact Army within it selfe, what will they not do to the whole Kingdome? Would they not have intrusted Malignants and ill-affected persons with the Militia thereof as at London, and so set the Kingdome all on sire againe? Was not this the ready way un­to it? But it is evident to all men, that what was done in this par­ticular, was in order to a plot of inslaving the free-born people [Page 18]of England, and that chiefly by the traiterous impeached Mem­bers, who well knew that the fore-mentioned honest party were not perfidious enough to serve their designes, and rather then they would want help to set them forward, would intrust any, though never so bad, therefore moved the House therewith, and by their subtill instigations and malevolent influences on divers Members, got this cursed conspiracy passed and ordered, to the great discou­ragement of all the honest sincere party of the City, and indan­gering the ruine of this enough miserable Kingdome.

Againe, the unjust imprisonment of Lievtenant-Colonell John Lilburne without expressing the cause of his commitment in the Warrant, though by due course of Law they ought and are bound thereunto: and keeping him under miserable restraint, not per­mitting him to have the use of ink and paper, nor suffering his wife or any of his friends to come neare him for a long time.

Then the breaking open M. Overtons doore of his house, that stout stickler for Englands Liberties, by a company ofPro. 29.12. uncivill Ruffians, and surprising him and his wife in bed, and forcing him thence to appeare before the House of Lords, without Order or Warrant that he could at that time heare of, though much desired, but after they pretended a Warrant from the Lords, from thence they dragged him head long through the streets, through dirt and mire, and on the stones, all the way most vilely abused and beaten to Newgate, and there laid in double Irons, where he hath con­tinued from the third of November, 1646. till this present time, and no kind of reliefe or hearing can be had for this miserable and distressed man: Bur further, as not content with this, and not supposing it woe enough for the poore man, they send a­gaine to his house, where finding his sad-hearted wife and three small children about her, (poore soule disconsolate enough God knowes) tooke her and his brother away, and forced them to ap­peare at the Lords Barre, plundered and ransacked his house, ex­posing the helplesse children to the mercy of the wide streets, and all this before any presentment or due processe of Law procee­ding: and from the House of Lords, both of them were sent to the new Prison in Maiden-Lane, where he still continues, but she under pretence of another Order was dragged in the same man­ner that her husband was, to infamous Bridewell through dirt and mire, with an Infant of halfe a yeare old in her armes, not [Page 19]regarding her Sex, Age or present condition,Vir & ux [...]r sune quasi unica per­sona, qula care una, & sanguis [...], &c. but abusing her with the nick-names of Whore, Strumpet, &c. where she hath been e­ver since kept in miserable restraint, not permitting her to have the liberty of being imprisoned with her husband, notwithstanding Gods Command against such separation, or as much as once to vi­sit him in all this time, or enjoy the comfort of her children a­bout her, or suffering her to go a little abroad with her Keeper, to take the fresh ayre, though her life hath been apparently indan­gered by the want thereof.

Then there was Major Balsum, who had served the Parliament conscientiously and stoutly, under the command of Sir William Waller, he was a long time (after the dissolution of that Army) a humble Petitioner to the Parliament for some part of his Arrears, having nought else to depend on for the maintenance of him­selfe, his wife and three or foure children, but he waited so long, and to so little purpose, (as most doe who wait there) till at last he died most miserably for want of ordinary sustenance: and when he was dead, his* Father-in-Law and wife,M. Michell. knew not how to bury him in foure or five daies, for want of money, till at last some mo­ney was ordered his wife, wherewith she buried him.

There were thirteen or fourteen more souldiers that served in the same Army, who were starved in the same manner,Pro. 21.7.22.16. which will be proved upon oath; the robbery of the wicked shall destroy them, because they refuse to doe judgement. He that oppresseth the poore to increase his riches, and he that giveth unto the rich, shall surely want. Mal. 2.3, 5. And I will come neere to you to judgement, and I will be a swift wit­nesse against the Sorcerers, and against the Adulterers, and against false swearers, and against those that oppresse the hireling in his wages, the widdow and the fatherlesse, and that turne away the stranger from his right, and fear not me, saith the Lord of Hosts.

Againe, the Widdowes and Orphans of those slaine in the ser­vice of the Parliament, who were well maintained by their hus­bands, and fathers, before this warre, are now faine to beg their bread from doore to doore in London and elsewhere, for want of promised relief from the Parliament.

Besides, their refusing to heare and answer the cries, groanes and Petitions of the distressed, and those who intrusted them to sit, though bound thereunto by the strictest ingagements of the Laws [Page 20]of England, of Conscience, and Reason, which way of Petition­ing, is one of the greatest priviledges the people of this Kingdome are invested with, yet often refused, as that of the vertuous Gentle­woman Mrs. Lilburne, presented to every Member of the House, as they went in but never any satisfactory answer returned,The foremen­tioned passa­ges relate on­ly to particular men, but they have speciall influence on the whole bo­dy of the King­dome and Ar­my. as if they were resolved to make that honest conscientious Gentleman, and gallant Souldier for his Countreyes rights, her husband, a per­petuall slave.

Then the Petition of the entire Counties of Hereford and Buc­kingham, though just, legall and seasonable, was cast aside, reject­ed, and at last disgracefully burnt by the hands of the Common-Hangman. If they will disappoint two whole Counties in their reasonable demands, sure a si [...]gle man shall scarce have audience, or right from them.

Also the Petition of the Army, which contained nothing but what was equitable, and honest, yet before it was presented, whilst the Army were but desiring their Generall to solicit for them in behalfe thereof, they were declared enemies to the State, and obstructers of the reliefe of Ireland, if they persisted: as if their being an Army and fighting for freedome, had deprived them of their freedomes and birth-rights.

Another maine and more generall oppression, is the billeting of Souldiers on the enough wasted Countrey upon Free-quarter, the heaviest pressure they undergo for the time, and neither giving them their due pay, that so they might be able to discharge their quarters, nor abateing it in the Taxes and Contributions of the Countrey, which are daily continued.

I shall forbeare to proceed any further in the sad relation of these passages, they are already so common in each mans mouth: I shall onely request you to peruse the Petition of the inslaved Commons of England,Iuly 6. 1647. called Englands dolefull lamentation, pre­sented to his Excellency Sir Thomas Fairfax, and there you may behold acts enough of arbitrarinesse, violence, and oppression, and if these things be not done by the knowledge or consent of some Members of Parliament, why then is not ease, deliverance and redresse given, and the just Lawes of the Kingdome seasona­bly and duly executed after so many Petitions presented? Is it possible that all these and many more acts (which I shall forbeare [Page 21]to repeat) of arbitrarinesse, violence and oppression, can be done by any but by them, or if they be done by others, (their instruments) it must needs be by their consent, and counte­nancing of them therein, they durst as well run their heads in the fire, and there let them consume to ashes, as once offer to practice any of the premises contained in the said Petition, without speciall favour of some of the great Councell of the Land. Therefore do you weigh and consider impartially these things, and tell me if there be not a fault, and that a horrible one in that high Court of Judicature. And truly, I can see no way how it may be prevented, whilst they suffer so manyIsa. 3.4. Eccl. 10.16. Boyes, (who know better how to Court Ladies then create Lawes) Commission of Array-men, men whose estates were but lately (and are still for ought I know) under Sequestration for Delinquency, to reside, sit, vote, and act amongst them.

I shall insist no longer on this, but proceed to the next thing observable in this part of your Examination, where you af­firme for truth, that which (in my judgement) is a grosse mistake.

That those who have a Legislative power, have not altogether a limited power; but that is no more in this (say you) then in all Parliaments.

This I utterly deny, and doe contrarily affirme, that those who have power to make Lawes in England, have severall bounds and limits, which by no meanes they are to exceed; one is this.

1. The Freedome and Birth-rights of the people is one main limit; for it is not with us as with other Nations, we are not under that vassallage and thraledome the Turks or French are, if that were our condition, then indeed Stat pro ratione vo­luntas, they were as limitles, as those States be, and may impose what they please upon us, and make their cursed wills the peo­ples cruell Law: but (praised be God) that is not the condi­tion of this Kingdome yet, though twice designed to be subje­cted to slavery within these halfe dozen yeares; wee are yet Free-men and not left to the limitlesse disposing of an arbitra­ry State: this therefore is one cord which binds a Legislative power in this Kingdom, from imposing and laying what loads they please on the free people thereof.

2. The peoples knowledge of their owne Liberties, is a se­cond [Page 22]great hinderance to this limitlesse power, it is not un­likely, (if the Parliament continue their extraordinary taxes, and pressures on the Countrey, after the disbanding of this Army, and use such violence against the Commons of England as they have done by their Committees, and other unjust Offi­cers, and not hear and answer the Petitions of the afflicted) but that they will be all ready with their clubs, & other weapons on their shoulders, to stand upon their own guards. But I hope, they shall have no cause for it, & that the Parliament of England will not take such a boundlesse power unto themselves, as you would make them and us believe is their due.

3. Right reason, which in cases conducing to this end, hath no better Judge then the sensible computation of the vulgar, and this is a great stop and obstruction to that limitlesse Legislative power, for nothing that exceeds the confines of right reason, according to common acceptation in cases of this nature, may or ought be pressed on a free Nation; if they do, the imposers are both liable to answer them, & like to bear them themselves. Non solùm quod licet, sed quid est conveniens est considerandum, nihil quod est inconveniens est licitum.

4. Scripture, with which right reason accords, & which is as suf­ficient, full & ample, for regulation and government of the out­ward man,Am. 2.4, 6, 7. & 1.11. as the inward, and therfore binds and limits all Legi­slative powers in this Kingdom, to compose, constitute & enact Laws expresly according thereunto. Therefore these things seri­ously weighed in the just scales of indifferent judgments, do (to me) clearly prove, that there is undoubtedly a restriction of Le­gislative powers: yet I shal freely lay down my own, and submit to sounder judgments, when the contrary to this that is spoken, is made apparent. The next thing considerable in this part of your Examination, is this: And that so long as the calamities of the times did necessitate Armies, there must needs be burdens laid, e­ven to more then ordinary pressures; but was that the Parliaments fault, or those that did oppose them?

Here is another mistake, that you go about to vindicate the Parliament from that which the Army never intended to charge them with: it is acknowledged by all men, that in cases of more then ordinary need, the people must be necessitated to undergo extraordinary pressures; neither is the blame laid altogether on the Parliament, but mostly on those, who (contrarie to Law) constrained them thereunto.

In the next place you propound this Quaere: And that these pressures and burdens must be still kept upon the people, is it the fault of the Parliament, or the Army that will not disband?

It is already made manifest by what precedes, that it is neither the fault of the Army, that they are not disbanded, or the Coun­trey oppressed. For, it is not in the power of the Army to op­press or burden the Countrey, though they would do it, unlesse the Parliament instate them into it, or inforce them to such exi­gences, that they are necessitated thereunto; for if they should, the whole Kingdome (to whom they are but an inconsiderable party) would quickly oppose and destroy them: but they well know the fault is not in the Army, which makes them so apt on all occasions to side with them in those things that are just. And let all men judge, whose fault is it, the Army will not disband, or the Countrey are opprest? the Parliaments or the Armies? when they neither bring (after seven years sitting) Liberty or Freedome to this free-born Nation, (nothing in the world, but their own wils obstructing them) or give the Army any lawfull, honest, or reasonable encouragements to disband, but contrarily have used all means tending to the mutinous and dishonourable disbanding thereof, as by faire proffers to divide the Officers from their Souldiers, & the Souldiers from their Officers, & when that could not take expected effect, then to divide the whole Army from the Countrey, and the Countrey from them,This was done when the Head-quarters were at Saf­fron Walden. witness that Petition framed by some Members of Parliament and fent into Essex to get hands to it, and then present it to the Parlia­ment again. Again, they declared against that Petition, but in­tended to be presented them from the Army, without hearing them plead for themselves, wherein they desired nothing but the auditing of their Accounts, their Debenters to bee cast up,Communica­ted to the Ar­my at the Ren­devous nigh. Royston. some satisfaction for Arrears in hand, security for the rest, and an Act of Indempnity, not as their Votes import, where they say, that an Act of Indempnity shall be made for the wrongs, op­pressions, misdemeanours, &c. of the Army, for if the Armies defence of the Parliaments Cause have relation to any such Acts the King­dome may thank the Parliament and require satisfaction from them, for put­ing swords in their hands, but or things done in the just prosecution of theirs and the kingdomes service: also provision to be made for the reliefe of the widdowes and children of those sluine in the States service, and for marmed souldiers; yea they were so exceeding imperious and high in this particular, as if they had been absolute Monarchs, and intended no less then the utter ruin & overthrow of this so gallant & powerfull an Army, for providing for their own securities, defending the peoples Liberties and Priviledges against their predominant incroachments

Moreover, because you would have the Kingdome take no­tice, that the reason of their burdens and oppressions is because the Army will not disband, if they had disbanded at that time and upon those tearmes, (whilest persisting in their just Petiti­on) how deplorable the Kings, Kingdoms and their State had been, the shallowest capacity can easily determine. Had they not been given over to the arbitrary, mercilesse power of their malicious adversaries, (the impeached Members) whose de­signes on the Army and Kingdome were immediately effected after the dissipation of this Army? Was not this the opening of a faire gap thereunto? Would not the Authours of that illegall Declaration have seized on the persons of every one in the Army, after disbanding, where ever they found them, and have hanged them up one by one, the just desert of the States enemies, as that unjust Declaration would make them? Doth not their Covenant bind them to this, the Army being (as be­fore) declared enemies? and if they should attempt to plead for themselves, there is no way left, they are declared obstru­cters of the reliefe of Ireland, notwithstanding his Excellency was then ordering a party for that service upon the Parlia­ments owne tearmes, and enemies to the peace of the King­dome, though from the beginning the Army freely adventured their lives for to obtaine a safe peace for it, yea and that De­claration remaine and still would have been uncancelled on Re­cord, had not they (with the blessing of God) prevented it; and who once durst speak a word in their behalf, or expostulate the case for them?

Object. But happily you will object, that the Parliament did proffer the Army an Act of Indempnity, by which they were secured from that Declaration, that it could lay no hold on them.

Answ. 1. To this I answer: first, That Act of indempnity was onely for the wrongs, oppressions, and misdemeanours, &c. committed by the Army, in tempore & loco Belli, in time and place of Warre, whereof, as I said before, they were not guilty, unlesse the sincere prosecution of their service be wrong, oppression, misdemeanour, &c. and therefore that Act cannot secure them from this Declaration.

2. Againe, the Army Petition, and their persisting in the pre­sentation thereof, was not in the time of warre, but after the dissolution and dissipation of the Kings party, and reducing his Garrisons; therefore that Act of Indempnity, which was onely intended for things done in tempore, & loco belli, in time and place of Warre, cannot secure them from that Declaration, for persisting in their Petition, which was done ne (que) in tempore ne [...] loco belli, neither in time, or place of Warre, but in times of Peace.

Therefore (I say) these things well considered, in a judici­ous brest, there is but little sound reason (that I know of) why the Kingdom should either imagine, the Armies not disbanding, is the cause of their burdens, and pressure, or the Army should disband on such slight and unsafe termes, especially the Parlia­ments own principle (viz.) that obedience binds not men to cut their own throates, giving them sufficient encouragement, to make better tearmes for themselves, the King, and Kingdom. And now I shall proceed to the next thing laid down by you; which is briefly this.

That the Parliament have judged the forces raised by the King, were to invade the peoples rights and liberties, and the just power, and rights of this Kingdome in Parliament, and did publish the same in their Declarations, and thereupon did raise both this and severall other Armies, to oppose and resist those forces: but (say you) how these Declarations give them a right to judge, what these liberties, just power or rights are, either of the Parliament, or people, is (I think) past all humane understanding to conceive, neither the lawes of God, nor the lawes of the Kingdom having made them Judges, nor having put any of the weights or measures of Justice, in the behalfe of others into their hands.

It is not denyed but the Parliament did judge (as by right to them it belonged) that the forces raised by the King were to in­vade the liberties of the people, and that they published the same in their Declarations, and raised both this and severall o­ther Armies for the prevention thereof, and preservation of the people.

But here againe is the Army misapprehended by you, and ta­ken [Page 26]up, before they are downe, they go not about to draw any conclusion of that nature (nor can you have any grounds for such slight surmises from their expressions, or actions) as to the matter of being Judges of liberty and freedome, from the Parli­aments Declarations, although that in it selfe, be a case dubious, and (therefore) disputable enough, for if they must not know, and consequently judge of liberty and freedome, how must or dare they fight (which you well approve of) for them, unlesse they fight, for they know not what, or make use of an implicite faith, and believe all the Parliament say to be true, as men in­fallible, which to the understanding of any reasonable capacity, is but a rotten, trayle, and unsound foundation for them to build on) but the Parliament themselves have judged of their owne priviledges, and the liberties of the whole Kingdome, and have severall times declared what they are, and that when the people are grieved, or opprest, they should immediately repaire to them, by way of Petition and redresse, should be forthwith granted; this is one of the greatest priviledges of the free peo­ple of this Kingdome, have according to Magna Charta, Pet. of Right, and their own many and frequent Declarations, but alas! how hath this been perfideously perverted? (as if there were not the least knowledge, or feare of God amongst men) and the people (under a faire coloured pretence of peace, and freedom) altogether subjugated to warre, vassalage and thraldome, (had not the wisdom and power of God prevented it) this appear­ed by the late commotions occasioned by some Members of Par­liament, and their unjust refusall of severall legall Petitions pre­cented unto them, which (notwithstanding the Lawes of the Kingdome, and their own Declarations to the contrary) were rejected; yea, and with the greatest infamy, and shame that could be, consumed with fire in severall parts of London, by the hands of the common Hangman, so insolently and proudly have some of them behaved themselves towards the free people of England.

Therefore (I say) if the Parliament shall declare to the whole Kingdome, what their immunites, rights and freedoms are, and also, what of due belongs to thmeselves, whilst sitting in Parlia­ment, [Page 27]and then shall goe about (under the painted shew of breach of priviledge) to anticipate, and subvert the antient pri­viledges of the people of England; must not the Army, (who were raised by the Kingdome for their defence) as in the strictest bonds, of duty and conscience, they are obliged, once open their lips, to crave and begg, for the people their proper rights, but they must (in an infamous manner) be tearmed Judges? And now Sir I appeale to your selfe, if the Army ever went about to determine any causes in the Kingdome, except what they did by the Parliaments permission, with their Swords, against the publike enemy, onely they have represented their owne, and the peoples often rejected grievances to them, by way of hum­ble Petition; and if this be a contracting power or right, from the Parliaments Declarations, of being Judges of their own, and the peoples liberties, powers, and rights, let the world judge be­twixt them and you.

For that you say, the Army can onely do (what your erring fancy hath suggested to you) by the length of their Swords, which can be no good Standard, for it will be lyable to alteration, when a longer Sword comes: I say their Swords are so long, and so good a Standard, that it never yet, (I know not what it may do) met with a longer, to remove, or alter it, from prosecution, (with zeale to Gods glory, and the Kingdome benefit) the righteous cause, they have in the sincerity of their hearts undertaken, in behalfe of the King, Parliament, and King­dome. Then you proceed thus.

And when the people of this Kingdome, have understood, and considered this, it is not likely, they will leave the setled course of Law, and Justice, in the knowne Courts of the Kingdome, to be judged by any one who can raise the greatest tumult.

Indeed now you have paid the Army to some purpose, if the people were surprised with such a spirit of delusion, as to believe the deviating dictates of your thoughts; and now I desire you or any of your Competitioners to demonstrate, in any one par­ticular (or confesse you injure them) wherein this Army have taken upon them, the place or authority of Judges, or hindered the people, from following the setled course of Law and Justice in the known Courts of the Kingdome, Or that his Excellency [Page 26] [...] [Page 27] [...] [Page 28]Sir Thomas Fairfax, at whom you chiefly aime, ever inten­ded or offered to judge any thing, but what the Parliament have determined already, unlesse those things which conduce to the weale of his Army, the very terrour of Englands enemies, and all other Souldiers in England, and Wales, which in duty, and conscience he is bound to do.

And whereas you speak of a tumult, by which you meane this Army, or otherwise you overthrow the rest of your dis­course, you do the Parliament themselves more wrong and in­justice, under the specious pretence of a friend, in one word, then ever the Army did, or durst, though they could do them, in their whole life time, nay, as much as the Kings party have ever done, in expression, since the warre began; For if the Ar­my be a Tumult, they were raised by the Parliament, whereby it appeares, you make them, whom you se strive to defend the Authours of this Tumult.

Which must needes follow say you, if they, meaning the Kingdome, allow this Army, suppose it 14000. men to be Judg­es now, then any 150000. in the Kingdome may judge the Ar­my, and a greater number then ad infinitum; by which it doth appeare, that the Army making themselves Judges in these ca­ses, doth overthrow and take away the Ordinance of God, and Magistracy; then which amongst men, I cannot imagine what is a greater impiety.

Truly Sir, I know no greater impiety amongst men, tending to publike harme and prejudice, then to misapprehend the serene and candid thoughts of others, if what preceeds this consequence of yours had been true, as appeares it is not, then this would have held good; for it is a certaine maxime, that if 14000. men, in a tumultuous way, be Judges now, then any 150000. men, in the Kingdome, may judge the Army, and a greater number them ad infinitum. But your misapplication of this conclusion, is the spoyle of it; had you but turned this from the Innocent, and layd it on the guilty, I meane the impeached Members, then rem acu tetigoras, you had laid the saddle on the right horse, and if that course of theirs, were not directly to o­verthrow the Ordinance of God, and Magistracy, when they went about to judge, without the least pre [...]en [...] or shew in the [Page 29]earth for it, or reason given, not onely the Army, but the whole Kingdome, with a company of rude deboist Reformadoes, who better know, how to raise mutinies, sweare, damne, and do­mineere, and make black pots salute each others crownes, then to do their Countrey any true and faithfull service in the field, then will I forfeit my judgment utterly; for they were such good friends to Magistracy, that by their unparalleld barba­rous behaviour, they forced the Speakers of both Houses, and the rest of the honest Members to flye for liberty, if not for life and make this Army their chiefe refuge, and all because they judged it meet: They armed, and disarmed whom they pleased in Lon­don, killed one or two, whose lives were worth many thou­sands of theirs, manned their workes, planted their Ordinance against the Parliament themselves, then constrained to reside with the Army, and this also was because they judged it fit. Had this Army done these, or the like incomparable actions against the Parliament and Kingdome, then might you have safely said, that they overthrew both the Ordinance of God and Magistra­cy, then which amongst men, I know not a greater impiety. And therefore now see, if this Army, whom you would make the Kingdome believe, would be their Judges, to make them more odious in the eyes of the soone deceived vulgar, had not instead of being Judges, stuck firme and intire to the Parlia­ment, and againe interposed their lives and fortunes betwixt them and the face of danger, and that in the very pinch and nick of hazard, and put those grand Judges of England, into their own proper places againe, with honour and safety, what Judges should we have had, but a company of impeached Traytors, with their rivalls, who better deserve a three legg'd stoole to hang on, then seates in the Parliament house to sit on. and any longer to disturbe the Kingdom, by their hellish plots, and practices; and if this be such an impiety as you would have us imagine it to be, then let any impartiall man in England judge.

But not to stay any longer here, let us proceed to the next part of your examination; which you say down thus.

Besides their refusing to obey the Parliament, under whose Command they are, or ought to be, is against many particu­lar [Page 30]precepts,Rom. 13.1. 1 Pet. 2.13. 2 Pet. 2.10, Jud [...]. 8.11. and directions in the word of God, as you may find them laid downe in the Margent.

1. To this I answer first, that they never refused obedience to the Parliament in any thing, except when they commanded them to destroy themselves, through the prevalency of a wicked and sinister party in the House, and then they did no more then what the Parliaments own Principles led them unto, as is alrea­dy plainely manifested.

2. For the Scriptures you alledge, I shall i [...]sist on the first onely, as the full scope, and substance of all the other; the words are these.Rom. 13.1. Let every soule be subject to the higher Powers for there is no power, but of God; the powers that be are ordained of God. This Text of Scripture to them who rightly understand it, makes nothing at all for you, as shall appeare hereafter, this power the Apostle speakes of in this place, (with which the Law of this Kingdom and the Parliaments own forecited Decla­rations, do admirably, and truly concurre) is not meant the Persons, or personall commands of any, but the just established lawes of a Kingdome to which obedience, active, or passive must be given; for this power, as [...]o me the Apostle seemes to dispute it himselfe the better to s [...]t it ou [...] of controversie, is that which is placed originally,Dec. [...]un. 14.1647. Rom. 13. and fundamentally, according to that wise observation of the Armies, in the Office, and but Mi­nisterially in the persons; observe both the first, and second verses, and you shall finde the Apostle saith nothing of persons as if he did not meane them at all in that place, onely enioynes all to yeeld obedience,ver. 3. and subiection to the higher powers which is the Law of a Kingdome; and in the next verse he speakes of the Administration of that higher power in these words, for Rulers are not a terrour to good workes, but to the evill;ver. 4. and in the following verse he saith, for he is the Minister of God to thee for good, but if thou do that which is evill, be afraid, &c.

3. But thirdly, the Apostles expression hath an universall extent, and there is never a rationall living soule under the Sun, exempted therefrom, from the Prince, to the poorest man that sits on the threshold, but every soule must, if they disobey not this injunction, be subject to the higher powers: which pow­ers, [Page 31]as is manifest, are not the pleasures, or wills of great men (because they themselves are not acquitted from subjection to the higher powers) but of the established well grounded Law of a Kingdome, by generall consent, and for this cause is that infallible Gramaticall Rule, nemo sibi imperare po [...]est, which is the reason Schoolemen cannot frame a prima persona imperativi modi, for indeed, who is it that can command himselfe? and if no man, how can a Prince be subject to the higher powers, he being the highest power himselfe, when he cannot command himselfe? unlesse you will allow with me, that the Law is the highest power, and he is under the Command thereof as well as the meanest: so that it appeares, if the Prince be not subject to the Law of the Kingdom, as well as others, the Apostles words (which are expresly that every Soule, that is, man, woman, and Child, to their abilities, must be subject to the higher powers, that is the Law whereunto all men are confined, are spoke in vaine, which were impiety once to imagine.

4. Then fourthly) if your assersion be true, which is in effect thus, that all the Commands, (whether just, or unjust, or else you had as good said nothing) if the Parliament must be obeyed, and so make them an unbounded Parliament, and without all Law, which is more t [...]n ever they desired themselves, then will you make a cleare antipathy, and disproportion, betwixt this of Pauls, and those of Hosea, and Micah, with divers other Texts, which Scriptures decipher very truly the Apostles meaning, and freeth him from your grosse imputation. The Prophet Ho­sea saith, Ephraim is oppressed, and broken in Judgement,Hosea 5.11. 1 Kings 16.26. and the reason is, because he willingly walked after the Comman­dement: Now what those Commands were, examine but the 1. Kings, where it is said, that Omri (King of Israel) wrought evill in the eyes of the Lord, and did worse then all that were before him; for he walked in all the way of Ieroboam, the Son of Nobat, and in his sin, wherewith he made Israel to sin, to provoke the Lord God of Israel to anger with his vanities: From both which places you may observe, that it was not one­ly accounted to Israel for a sin, to obey the unjust Councell and Commands of King Omri, though their lawfull King, but that they should also be attended with the desert of sin, to wit, to [Page 32]be oppressed, and broken in iudgment, &c. And that which confirmed both these places,Micah 6. from 13. to 16. is that of Micah, where he threa­tens the Children of Israel, that they shall eate and not be satis­fied, sow but not reape, &c. and in the last verse he gives the reason thereof, in these words; for the Statutes of Omri are kept, and all the workes of the house of Ahab, and ye walke in their Councels, that I should make thee a desolation and the Inhabitants thereof an hissing, therefore ye shall beare the re­proach of my people.

Now how shall these Prophets and the Apostle be reconci­led, unlesse Pauls meaning in that place is, that obedience must be given to the just Law of a Kingdome, and onely to that; and that Magistrates must not be obeyed, in their unjust and illegall Commands, though lawfull Magistrates, for Paul saith, they must be subject to the higher powers; the Prophet thunders out threatnings against them for being subject to unjust powers, though (as I said before) a lawful Magistrate. So that it is clear, that the Apostles meaning is not, that subjection must be given to mens persons or personall Commands,Pro. 28.4. Zeph. 3.1, 2, 3, 4. but to those higher Powers, (to wit) the Law of the Kingdome wherewith men are intrusted, some with one part, some with another, and ought not to exceede the limits thereof.

King Iames, upon this very ground, when he was arrested for debt, told the Officer, that he who made Lawes, must him­selfe obey Lawes, and thereupon payd the debt, and never bla­med him that arrested him, for so doing. From all that is spo­ken in this particular, the ensuing Syllogismes, are inevitably extracted.

• Paul saith that every Soule must be subject to the higher Powers.
• But King, Parliament, and all other Magistrates are with­in the limits of that number.
• Ergo, King and Parliament must be subject to the higher Powers.

• All powers that are not given, are not of God.
• But Powers usurped are not given.
• Ergo, Powers usurped are not of God.

• Every soule ought to be subject to the Higher Powers given, and to none else.
• But these Higher Powers that are usurped, are not given.
• Ergo, No soule ought to be subject to Higher Powers not given.

• Those Powers that be not given from God, are no powers.
• But usurped Powers are not given from God.
• Ergo, Ʋsurped Powers are no Powers.

• Those Powers that are no Powers, ought not to be obeyed.
• But usurped Powers are no Powers.
• Ergo, Ʋsurped Powers ought not to be obeyed.

The probation of these Arguments, is evident from the very Words of the Apostle and Prophets, in the places before quated: therefore I will not spend time (my ordinary employments not suffering me) any longer therein; only give me leave to digresse a little, and observe (as I desire also the Courteous Reader would) some passages of Scripture, which (in my ordinary rea­ding) I have met withall, very considerable for all mens obser­vation, especially those in Authority; wherein all my behold, what the dismall ends of those Magistrates are, who take delight in oppression and unrighteousnesse; I shall name divers places, and refer them to the deliberate debate of the Reader, they are quoted in the Margent; I shall onely insist a little on the last,Iob. 27.13, 14, 15, Prov. 14 31 & 22.16.22, 23. Mat 3 5. Amo. 4.1, 2, 3. Am. 4.1. his words are these, Heare this word ye Kins of Ba­shan, that are in the Mountain of Samaria, which oppresse the poore, which crush the needy, which say to their Masters, Bring, and let us drinke: This Prophet, though somewhat mysterious, and meta­phoricall here, yet, compared with other places, will bee made more cleere, and intelligible: By these Kine, Hosea meanes, the [Page 34]fore-mentioned Omri, which the other wicked Kings of Israel, and their pernicious Councels: for it was that Omri that bought this Hill Samaria, of one Shemer, for ten talents of silver, and built there on the City Samaria, where he lived, dyed, and was buried. Those were they who oppressed the poore, and crushed the needy, which said to theirIn some translations to their Lords. 1 King. 16.24.28. Mark that expression. Masters (to wit) (the oppressed poore, and crushed needy) Bring, and let us drinke. But what was the issue of all this? The Lord God hath sworne by his Holinesse (a greater oath could he not sweate) that lo the dayes shall come upon you that he will take you away with bookt,v. 2. and your A sore judgment. v. 3. Strange po­sting from the judgment of God, as in Rev. 6.15, 16. Posterity with fish-bookt. And ye shall go out at the breeches, every Cow at that which is before her, and ye shall cast them into the Palace (some tran­slations have it, cast away the things of the Palace) saith the Lord. [...]Thus much by way of digression, let us now proceed to what followeth, which you lay down thus;

For the great complaints made to them, although it were false that is reported [as I have cause to believe] That men are sent from the Army to get hands to Petitions to themselves, thereby to draw the eyes of the people after them; yet I doe conceive such Petitions ought not to be received by any, who either by Protestation, or Covenant, have sworn to mean the just power and priviledges of the Parliament, to whom of right it doth belong to heare, and determine, all the grievances of the people, not remediable in other Ordinary Courts of Justice.

I perceive now, that although you want true matter to tax [...] the Army with, yet you want not ill-will enough, to insist up­on reports, that are meerly groundlesse, (which I feare did first, arise from your own braine; nor is there any but will marvell at you, for undertaking to examine the lawfulnesse of the Armies proceedings, and then to bottome your Examination upon bare and unjust reports.

This is capable of no other Answer (it being so untrue) but to assure you, and the Kingdome, that you have wronged the Army herein, and I fear that this is but a meer complement, framed to hold up your groundlesse discourse; and am apt to thinke, that if you had any such thing against the Army, they should have heard of it with open mouth ere this day; but (blessed be God) that the mouths of gain-sayers are stopt.

You proceed and say, There (meaning the House) the people may be heard, without the forcible recommendation of an Ar­my; I wish you would tell the Kingdome, when the Army did by force, recommend any Petition, or thrust on those things that upon serious debate, have beene rejected, as prejudiciall to the Publique, as you affirme: or else you will bring such a calumnie upon your selfe for these reports (and in print too) without the least probation of them, in any circumstance of time, or other­wise, that (were your Name to your Booke) you could never wipe off againe.

Now to the last clause in this part of your Examination, I only say this, That the Army never gave encouragements to such Pe­titions, nor Went about to set themselves as a new Tribunal, which is, and ought to be believed, till the contrary be proved by you who accuse them, which will never be, whilest the Sun and Moon indure. Now wee will goe forward to the next place.

For the examples of Scotland, Netherlands, Portugal, and some proceedings in this Parliament, which you urge for your War­rant, I must answer ingenerall, that presidents are poore proofes, to justifie actions; and if admitted, there is nothing so bad, that might not obtain such a Iustification; It is a warrant from some law, that must make every action lawfull. And although my bu­sinesse be not to search into the grounds, or proceedings, upon which other Nations have taken up armes; yet, being called un­to it, I must cleere the misapplication to Scotland, &c.

To this I answer, that your examination is full of misappre­hensions, and you make your mistakes, the Armies meaning; who intended not that examples should be proofes, but presidents, neither do they diminish ought from the lawfulnesse of their Cause (for Exempla illustrant, non restringunt Legeem) and that they ground not the lawfulnesse of their actions on them, but upon their Commission, and the Parliaments owne Exposition of the Law, in their Declarations frequently communicated to them, which Commission, and Declarations, are their sufficient Warrants, as formerly manifested.

And now you have done all you can to divide the Parliament and Army, you would divide the Army from the Scots, by falsly [Page 36]charging the Army with a misapplication to Scotland; you say, (but I know not who will believe you) that you are called (by whom I cannot imagine) to cleare the misapplication to Scot­land. To this I answer distinctly.

1 That you have taken in hand is of publique concernment, and therefore it requires a publique call, and who should give this publique call besides the Parliament of England or Scotland, I am ignorant of. But if they did give you a call, [me thinkes] they should patronize it, and not suffer it to go abroad into the wide world to deceive, without either authority or name. But [let the Kingdome consider, and they will scarce credit your loose reports] how great a prejudice it would be to the honour, both of the Parliament of England, and that of Scotland, that a private man should be entrusted, with so publique a businesse, when they have both so many wise and judicious men in both Assemblies, who know what their own intents and proceedings at the beginning were, and can better free themselves from mis­applications [if any were] then any one in England, that is, in a manner, a stranger to them.

2. Againe, I will here lay downe verbatim all that the Army have spoken of the Scots, in their Declaration, which will more manifestly discover your envie, and vindicate the Army from your aspersion, these are their words, That the Souldiery may lawfully hold the hands of that Generall who will turne his Ca­non against his Army, on purpose to destroy them; The Sea­men the hands of that Pilot, who wilfully runs his ship upon a Rock (as our Brethren of Scotland argued) this is one thing the Army have spoken of them, and if there be not more for the ju­stification of the Scots here, then misapplication of their procee­dings at first, the weakest wit can soon determine.

Another passage wherein the name of Scotland is used, is this, and these two are all they say of them. And truly such King­domes, as have according both to the Law of Nature, and Nati­ons, appeared to the vindication, and defence of their just rights, and liberties, have proceeded much higher, as our Brethren of Scotland, who in the first beginning of these late differences, as­sociated in Covenant, from the very same grounds and princi­ples, (having no visible forme, either of Parliament or King [Page 37]to countenance them) and as they were therein justified and pro­tected by their own, and this Kingdome also, to we justly expect to be.

Of the proceedings of Scotland in the particuler, the Army neither have, nor can make any application at all; because the Scots had no visible forme, either of King or Parliament, to countenance them at the beginning; but this Army had the fa­vour of the Parliament of England onely their sights were vailed by the subtill interposition of misapprehensions; by the impeach­ed Members of their confederates, untill they were removed: so that the Army can make no application at all, (and therefore no misapplication in this particular) for the cause aforesaid.

3. But grant the Scots had the Countenance of the Estates of Scotland: so had this Army the favour of the Parliament of England, (as shall be afterwards declared) onely their procee­dings were obstructed (as aforesaid) by those grand stumbling blocks, the accused Members, therefore if the Army had opposed their case to Scotland, then (I pray) what misapplication were there here.

4. Then againe, if both these were granted for truth, first, that the multitude in Scotland, had the countenance of the Magistrates thereof. Secondly, that the Army in England, had not the favour of the Magistrates of that Kingdome; yet this shift also, would faile you; for the Parliaments of England and Scotland, have de­clared, that obedience binds not men to cut their own threates, and also, that opposition to the personall Commands of Magi­strates, though accompanied with their presence, if it be not a­gainst their Lawes, and authority, but in maintenance thereof, is not opposition against them, but defence of them, and upon this very ground, and for this cause, the Scots (though as strictly bound to the contrary, as this Doctrine is to oppose the Parliament) tooke up Armes against their King at the beginning; whereby, and by what is before spoken (relation being thereunto had) it appeares there is no such misapplication to the Scots, (as your discourse imports) in the maine, which is the defence of the Kingdome, and the just rights, powers, and priviledges of the people; but onely in circumstance, which is the want of favour to the Magistrates of the Kingdome, which is not so considerable, [Page 38]when it is put in the ballance, with the1 King. 12.16 Lev. 24.20. Exod. 21.24, 25. Deut. 19.21 Mat. 5.38. weale, & preservation of the Republike. Nature will indeavour to preserve it selfe, and therefore gives all Creatures meanes, and wayes, and puts them in a capacity to use them, for their own defence against violence, vassalage,1 King. 12.16 Lev. 24.20. Exod. 21.24, 25. Deut. 19.21 Mat. 5.38. breach for breach, eye for eye, tooth for tooth, &c.

5. This examination is confuted as unlawfull by the princi­ples of reason, which saith that nihil quod est contra rationem est disputandum; & if this be not clearely contra rationem, I know not what is; for you go about to undoe that, which never was done, or empty a vessell that never was full, to vindicate the Scots, and Parliament of England, from a misapplication, when there was none at all made.

6. But this I believe is your great aime, (if any were so rash as credit you) to divide the people of this Kingdome from the Ar­my, by suggesting to them that the Army have not that favour, and countenance of the Magistracie, of this Kingdome, as the Scots had of that, and that the Army would tax the Scots with want of countenance from the Magistrates of that Kingdom, the better to justifie their own present actions; whereby you would render the Army odious, and force the people to believe them to be lawlesse, and proceed in unwarrantable courses, against, and without the knowledge, or consent of the Parliament of England that so upon these grounds you may with more facility perswade the Country and Kingdome, to band themselves, and destroy them. But that the people may be undeceived, you reproved, and the Army justified, it is apparent, that one of these two things you aime at.

1. Either to make the 11 impeached Members the supreame Councell of England.

2. Or, that this Parliament which now sit are no Parliament, and so have nothing to do with the Government of the Land. If you can prove the first of these that Massie, with his accomplices, were the supreame Councell of the Land, then indeed, you cast, and overthrow the Army, for they never had the least favour, or countenance from them, not was it ever desired in all, or any part of their Actions.

But if you will acknowledge the Gentlemen who now sit in [Page 39]the House, to be the supreame Court, then I tell you, (and the whole Kingdom) that the Army have their favour, and furthe­rance, (both acting according to the tenour of the Law) in their actions hitherto; or else why did they declare them their Army, conferr such dignities, and Honours on Sir Thomas Fairfax of late, and when they met with uncivill opposition in their Parlia­mentary proceedings, make them their ulrimum refugium: And when the people come to heare this, that the Armie have acted according to the rules of Law, for their freedoms, and also that they have the Parliaments countenance therein, they will give you but small thankes for blinding their eyes, and will be apt to retaine, as they ought a better, and higher conceite, and esteeme of the Army.

Having shewed the grounds whereon the Parliament procee­ded, to the raising of an Army, you say, that upon this occasion, and just quarrell, they raised severall Armies, wherein were men of very great Honour, power, and interest in the Kingdome, It ap­peares to be so by this Army, but (blessed be God) never any of their Armies (except what hath been done by this Army) did refuse (that ever I heard of) to obey, when the Parliament (for the good and ease of the Kingdome, nay, although it were to lay them aside, and raise others in their roome) commanded them to disband.

1. Here I answer first, that never any thing was proposed to o­ther Armies, as to the point of disbanding, before this Army was raised, and had by their fidelity and courage with the blessing of God upon their indeavours, made them uselesse; and therefore how could you heare that refused that was never pro­fered.

2. Had there any thing of that nature been put to others before this Army was raised, I question whether they, as well as this Army would not have refused it.

3. It could not be accounted wisdom in the Parliament to make any such proposall, to any of their Armies, before this was set forth, or at this time; their enemies being so strong, and they so weake, as that somtimes they could not keepe the field, and when they were at the strongest, they could spare none to disband.

4. But fourthly, if the point of disbanding had been propo­sed, and they willingly submit thereto, they had not so much cause to the contrarie, as this Army hath: and therefore may bet­ter submit to the Parliaments personal Commands, then this Army car; so that this appeares as groundles, as all the rest. Then you say for those instances of the Souldiers holding the hands of their Generall when he would turne his Cannon against his Army, and the Seamen, the hands of their Pilot, who willingly runs his Ship upon a Rock; I must say, that in those and such like cases of surprisall, or extreamity, where there is none to judge, nor no time or place for judgement, the danger being eminent, and the evill intention evident, the Law of nature doth teach, and justifie opposition, to the unjust, and tyrannous power of superiours, in this is granted, all that can be expected, and therefore I will not spend time about it, and it was upon this very ground the Army proceeded, and prosecuted their late actions, the just rules of na­ture binding them thereunto. But somthing here wants clear­ing, left by overslipping thereof, you take advantage of further objection; you say, that in these and such like cases of surprisall or extreamity, where there is none to judge, nor no time or place for judgement, the danger being eminent, and the evill intention evident, the law of nature doth teach, and justifie opposition, &c. That the Army was surprised, and forced to an extreamity, is apparent by many particulars, I shall onely instance that, which the Army hath largely mentioned in their charge against the im­peached Members, if the reader please to looke into the Charge, it may give further satisfaction; I shall repeate some part of the 8. Article, where the Army charge Col. Harley, with a false let­ter which he brought into the House, against hisLieut. Colonell Pride. Lieutenant Col. without any name to it, and in the last part of that S. Arti­cle, it is said; and although the substance of the said letter was most untrue, and no Authour thereof appeared, or could be pro­duced, although a Committee was appointed for examination thereof, and it was much pressed the Authour should be disco­vered; yet the said Col. Harley, Sir Iohn Clotworthy, and Sir Wil­liam Waller, did so avow the reality of the said letter, and that the contents thereof would be made good, as that thereby, and [Page 41]by other false suggestions of theirs against the Army, they procu­red the House upon long debate which held till about 8. of the clock at night, to order that a Committee of 5. Members (where­of the said Mr. Hollis is one) should prepare a Declaration to be brought into the House the next morning, signifying the Houses dislike of the proceedings of the Army upon that Petition; as by the said Order may appeare, upon which setling of the said busi­nesse for that night, most of the Members departed, as conceive­ing nothing would be done thereupon, till the next day, and that then they might have a free debate concerning the same; but the House still continuing to sit (upon dispatch of some letters for­merly ordered) the said Mr. Hollis by the same combination, and in further prosecution of the said evill designes, having of him­selfe, without the Committee, prepared a Declaration against the Petition it selfe, contrary to the intention and direction of the said order, and contrary to the rules of Justice, and usuall course of Parliament, did the same night, about 10. of the clock, on pur­pose to surprize the House, present the same Declaration to the House, whereby the said Petitioners were without being heard, declared enemies to the State, and obstructers of the reliefe of Ireland; if they persisted therein, as by the same Declaration, re­lation being thereunto had appeares, and did procure it to be then passed accordingly, to the great dishonour of the Parliament, and their proceedings, to the insufferable injury, the just provocati­on, discouragement, and discontent of the Army, to the trouble and danger of the whole Kingdome, to the hindering of the re­liefe of Ireland, and other the evill consequences, in the said generall Charge expressed; now if this be not a surprizing the Army, and forcing them to the extreamest exigencies, (when they are in this illegall inhumane manner declared enemies to the State, and obstructers of the reliefe of Inelana, for no cause, but petitioning for these things, that relate to them as Souldiers) then let the Kingdome judge, but to proceed,

You say where there is no Judge, nor no time or place for judge­ment, &c. to this I answer, there were Judges, & time & place for Judgment, but those Judges were overpowred, by the dangerous distilling influences, of the maliguant impeached Members, as ap­peares by the former passages, and the Parliaments Order, which Members since they were removed, how peaceably have the [Page 42]Parliament (England's Judges) and their Army concurred, not­withstanding, there are yet some (though not so powerfull as the former) left amongst them, (I hope they will not be suffe­red to continue long) who would hinder the concord betwixt both parties, and retard the Parliament from executing justice, and judgment, and answering the Army in their faire and profi­table demands, for the Kingdome and themselves.

But now to the next clause which is this; The danger being eminent, and their ill intention evident the Law of Nature doth teach, and justifie opposition, to the unjust and tyrannous power of Superiours; It is apparent, that the former proceedings of the Parliament (by the perswasion of the accused Members) were eminently and evidently dangerous, and evill, to the Army (to the hazard of their estates who had any, losse of their due arreares, and forfeiture of their liberties, if not their very lives) therefore I will not stand to aggravate the businesse now, it not agreeing with my nature and work to use tautologies, or inlarge my selfe by the needlesse multiplication of words, which is condemned for vanity;

The next thing you lay down thus; But it is no ground for a rule where a judgment may be had, or expected, as now in the case betwixt the Parliament and Army.

This will stand you in as little stead as the rest; For since those pernicious spirits [who compasse Sea and Land to make a pro­selyte] have been separated from the Parliament, there hath been no need of a judgment; for both Parliament and Army, do ad­mirably agree, without any apparent dangerous clashing, or op­position at all.Prov. 29.2. When the righteous are in Authority the people re­joyce: but when the wicked beare the rule, the people mourne.

In the next place you say; These instances might have beene more colourably to the point, if the Parliament had drawne out Forces against the Army, to have cut them off: then notwith­standing the obedience they owe to the Parliament, they might possible have defended themselves against such Force. There be many things in this assertion, that would have particular and di­stinct answers, but I shall reply to your assumption in generall thus; That a piece of Ordinance is made for defence, as well as a Target, and it is as lawfull for the people of England, to invade the Countries of those, who would surprize theirs, as to fight [Page 43]with them when they are landed; and it is as good policy to prepare for an enemy, though but darkly discovered, as to fight with them, upon never so great advantage, when they are nigh­er hand: And though the Parliament did not draw out Forces against the Army, yet some false Members of Parliament [not to wrong the innocent] endeavoured, not onely to raise Forces [contrary to the Law of this Kingdom] but also to draw those that were designed for the reliefe of helpless; Ireland [an em­ployment more warrantable then the other] to a Randevoux at Reading; which place [most men know] is not the way from Bristol, Chester, and other parts nigh the Sea Coasts into Ireland, And what other designe they could have in it, but to engage them in a new warre against the Parliament and Army, is utter­ly beyond my capacity, to apprehend, or conceive.

For what followeth in this part of your Examination, I shall forbeare to trouble the Reader, or my self with it, as being inva­lid, and impertinent to the work in hand.

In the next place you say, For the last thing alleaged; That the Armies proceedings may be justified, when against injustice, unrighteousnesse, and miscarriage in Government: If that were granted, and the Parliament were guilty in all [which I am most confident can never be made good by cleare instances, that they are guilty of any course of injustice, or unrighteousnesse, though all the World, and the accuser of the Brethren to helpe should set about it] yet that would not come up to justification of the Army, because God hath not made them Judges for the people of the Kingdome, either of justice, or injustice, right or wrong; Some part of this which is bounded with a parenthesis, is spoken in a furious passion, as if it were impossible for the Parliament to erre: I am therefore regardlesse of giving any answer unto it, theProv. 26.4. wiseman exhorting me thereunto.

But then for the next thing, it is not my purpose, neither was it in the whole, or any part of this discourse, to taxe the whole Assembly of Parliament, for that I well enough know, there are many Members in that Body very sound, and faithful, who have to their powers withstood all proceedings of injustice, unrigh­teousnesse, and miscarriage in Government: yet let me tell you, it is apparent enough to the whole Kingdome, that there have bin [Page 44]such proceedings to the almost overthrow of State & Kingdom: and where injustice, unrighteousnesse, & miscarriage in Govern­ment should be acted but in that Court, I know not; For all other Courts in the Kingdome are strictly limited, and bounded, and over seen by the Parliament, and People, therefore cannot exceed those Rules, that particularly relate to them, which are set down by the consent of Parliament every other Court, acting, procee­ding in, and prosecuting severall things, and at severall times and places.

But the High Court of Parliament, are Supreame, and have the hearing, deciding, and doing of all things in the Kingdome whether determinable, or not determinable in other inferiour Courts.

Then you say, That though this were granted (which undou­btedly must according to what I said before) yet that would not come up to Justification of the Army, because God hath not made them Judges for the people of the Kingdome, neither of justice, nor injustice, right or wrong. I have before made it appeare, that the Army by their Commission (which clearely justifies them for so doing) are bound to oppose injustice, and wrong in the Parliament, as well as in the King, or any o­ther where they find it, the Parliaments own Declarations, and the Lawes of Nature leading them thereunto. And as to the point of Gods making them Judges, we are to consider

1 That Judges are made by God, either immediately, and without the use of any meanes, or instruments; and then he calls them by speaking (if I may use the Scripture phrase) to them­selves particularly, and accommodating them with his spirit, for such employments, as he did Ioshuah, Othiniel, Ehud, and o­thers; or by giving his Ministers, and other particular men no­tice thereof, is he did to Samuel of Saul, and appointing him to anoint Saul, and for that purpose giving Saul a spirit of pro­phecie: but these are not Gods usuall wayes now; nor can we instance in one that hath been so appointed, or ordained.

2 Or, secondly, God useth meanes, and instruments, in the creation and constitution of Judges, and other Officers of a Republique; which meanes, are

1 Ordinary, and that must be either

1 A Succession by Birth and Generation, and so the Lord Mayor of London's Son must be Lord Mayor, when his Father is dead.

2 Or, it must by the generall consent, advise, and knowledge of the people, and thus the major part of the Parliament are lawfully chosen.

2 Or secondly, God useth extraor linary meanes, and instru­ments (as when Warre is in a Kingdome, the certaine token of succeeding sorrow) Armies are raised to decide the controversie with their Swords, betwixt both; each party being assured of his own just cause; and both wayting with a doubting confi­dence, on which side the hovering Victory will resolve to pitch her Trophees.

And thus this Army was raised, (not so much to judge but under the considerations formerly mentioned, though you vain­ly imagine by that meanes to brand them) as to execute the just Judgments, and Commandes of the Parliament (Englands chiefe Pretors.) And this the Army in cases of necessity may do, being called thereunto by the very same power the Parliament were, as is formerly instanced, injustice, unrighteousnesse, mis­carriages in Government leading them, and the providence of God guiding them (by putting seasons, and oportunities into their hands) thereunto.

Also, the manner of their being Judges [if they must needes be so] considered, doth somwhat constraine them to their present actions; which is no otherwise then thus; they believe and say, that those things which are just, and equitable, and tending to the Kingdomes weale; and so judged, and deemed (upon serious, deliberate debate) by the Parliament, are real­ly, and truly so.

And thereupon they resolved to execute those things so order­ed, acted, and judged by the Parliament, or to be executed themselves, which resolution (I hope, for the Kingdomes, and their own safety) they will still continue, which (without any imposibilities) they may do, whilst proceeding upon those sound principles. And herein they do no more then the rules of nature and reason, (to which I am sure, the Lawes of England are, or ought to be reduced & do allow, for, Lex spectat naturae or­dinem, [Page 46]& non cogit ad imposibilia, sed intendit semper, quod conve­nit rationi; the Law hath regard to the order of nature, and doth not command impossibilities, but intends, and purposes, what doth agree with reason; I shall say no more here but this, that if the Parliament judge, and declare, what the liberties, proprie­ties, and priviledges of the subject is, (the contrary whereof is oppression, injustice, and miscarriage in goverement) then the Army may justifiably stand to it with their lives, against any, without respect to persons.

You say in the next place, when the people conceive any thing to be amisse, it is their duty to represent it to those whom God hath appointed, to the Office, and place of Judgement.

To this I sadly, and concisely answer, that there were many cries, but few eares to heare, or hearts to pitty them, and when the people did petition, they and their Petitions (as before is in­stanced) were rejected, some burned. I wish it had been other­wise, that so righteousnesse and just Judgement, might run down our streetes like a mighty streame, that every man might sit un­der his own Vine, and under his own figtree; so had peace been within our Borders ere this day.

In the last place you say; but if the meaning of this last part of it be, that God hath made the former successes, and present power of the Army, a testimony to its opposing the pretended injustice, unrighteousnesse, and miscarriage in government, then the Turk may have the same argument, to justifie his Title, to all he hath gotten in Christendome. But the wise man teacheth o­therwise, that no man knoweth love or hatred by all that is afore him, Eccles. 1.

In this, severall things are considerable; but (for want of time) I shall answer in generall, and briefly; No, that this, as you have layd it downe, is not the meaning of that part of the Declaration, and though all in this were granted, that you would have; yet the evill consequence you have drawn thence, would prove unsound, and feeble (the cause considered) for the [Page 47]Turkes opposing the Christians is for the enlargement of his Ter­ritories, and advancement of his Monarchy, and greatnesse; but the disproportion betwixt the Army and Parliament, was for the restoring, establishing, and confirming the immunities, & freedomes of the freeborne people of England, (the Parliament declaring at first what they were, which was all they could do then of themselves) and the Army (neither regarding the pain­ted favour, of pretended friends, nor civill force of their publike enemies) stoutly contending with their lives in their hands, for them; yet now invaded by some putrified rotten Members, con­trary to the intent, and meaning of the House in their first De­clarations) are againe defended by the Army; and therefore this is no Argument at all for the justification of the Turkes Title to all he hath gotten in Christendom.

But then againe, as it appeares, that neither of the two former parts, of your examination, nor both of them together can make up the Armies meaning, in that part of their Declaration; so, I shall give you my understanding of it; they say, that supreame end (the glory of God) which all men should especially aime at; is not wanting in these cases, but they study, how, by all meanes to advance it, the better to set a price upon all such proceedings of righteousnesse, and justice; It (to wit) the glory of God; being one witnesse of God in the world; that is, one maine argument to discover the candid, and sincere purposes of them, who make that their marke, to carrie on a Testimonie against the injustice, and unrighteousnesse of men, whatever they be; and against the miscarriage of Governments, wheresoever it is found; when corrupted, or declining from their primitive, and originall glorie; that is, when they are transported from their primarie brightnesse, and lustre, into the muddie streames of disorder, oppressi­on, and miscarriage: The scope of all is this. That the glorie of God it (being their ultimate end) is a testimonie of their proceedings, against all injustice, it being the clearest demonstration, of the reall and upright parposes, and resoluti­ons of any.

And to conclude, the Army might say, asIuliamus Emperor of Rome, slaine in the Pers. Warres. one did on his Death-bed; Right joyfull, and wi [...]tingly much more, have I stood firmly grounded, and resolute, whensoever the Common­wealth, as an imperious mother hath exposed me, to apparent and evident danger, as one used to contemn the whirling stormes of all casualties.

I have now ended this part of your examination, and do ear­nestly desire, it may give you and other doubting friends that satisfaction desired, it being published for that purpose.