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A88765 The justice of the Army against evill-doers vindicated: being a brief narration of the court-martials proceedings against Arnold, Tomson, and Lockyer, with the causes and grounds thereof. By which the impartiall reader may plainly judge, how hardly and unchristianly these men deale with the Army, to call that arbitrary, tyrannicall, barbarous murther, in them; which they could not omit without eminent neglect of their duty, and apparant danger of the most desperate events to the Parliament, kingdome, and Army, that can be imagined. R. L.; Lawrence, Richard, d. 1684, attributed name. 1649 (1649) Wing L55; Thomason E558_14; ESTC R204520 15,085 20

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suffering Is it an honour for a man to suffer as an evill doer because he is a good man or rather the more shame He that knowes the fathers will and doth it not shall be beaten with many stripes The more able and rationally principled the man was to promote good things the more he was to be pitied and lamented but the lesse to be gloried in But this kind of spirit at the latter end of the first warre raged in our froward discontented brethren of the Presbytery they having a jealousie though without cause that the ruling part of the Army discountenanced men of their judgement and principles meerly for being such they presently began to be very inquisitive into the Armies proceedings against offenders After which the Army could not proceed against any Officer for the vilest offence that could be committed were it plundering the Countrey cheating the State or his Souldiers drunkennesse swearing c. or for being countenancers of such persons or things but presently they were said to be persecuting Presbyterians and so now let Souldiers commit never so great offences as Arnoll aforesaid and afterward stick a paper in his hat with this motto Souldiers rights and Englands freedom writ upon it and that must be like a Popes Bull to pardon all their faults And so for Thomson let him drink and game and quarrell to the scandall of the Army beat fright wound the countrey people hale them out of their own houses captives like dogs through the dirt in the night for no other fault but endeavouring to keep the peace of their own houses And after all this pretend to common right and freedome and then all proceedings against him must be barbarous and tyrannical c. Remember He that justifieth the wicked and he that cōdemneth the just are both an abomination to the Lord Pro. 17.15 The third thing I must needs take notice of in his own words afore quoted is this For he knew it was malice that prevailed against him and not justice How little ground himselfe or any other had to think so was not hid from themselves and I desire it may be known unto others First as I apprehended the man was a stranger to all his Judges not one before that time had ever seen him so as to remember him if ever they had heard of him for I observed it every time his name was taken notice of in the evidence the whole Court desired to see which was that man at least 3 or 4 times over though he stood in their sight all the time and all the Officers of the said Regiment frō the highest to the lowest were desired to withdraw at the time of the debate and came no more there So in whose heart that malice should rest that overcame him is left to bee judged But as it fared with Cain after he had murthered his brother he thought every man that met him would murther him so doth it with malicious evill-minded men they think every man that opposeth them in their wickednes beare hatred and malice towards them whereas I am confident the Lord beares witnes to the consciences of this mans Judges that if by sparing his life they should have hazarded the ruine of none but themselves they would have chose to have done it with joy rather then have executed him But the integrity of the upright shall guide them when the perversnes of transgressors shall destroy them Obj. But grant you the fact was never so foul and the offenders never so guilty of it yet the way of your proceedings against them is illegall you trying them by Martiall law in the time of peace it being contrary to Magna Charta and the Petition of Right c. Ans Truly for Magna Charta the Petition of Right I never read more of them then what I have seen printed by L. Col. Lilburn c. in their papers in which I have observed a great deal of opposition to Martial Law in times of peace as in C. Brayes Thomsons Lockyers case yet I could never find it any way made good that those things which were charged against Strafford others in that point were for their proceedings against Souldiers under their immediate command and conduct and for such actions as their being souldiers made them more capable of committing then in another capacity could have been If so I must confesse I could never clear it up to my owne judgement that those lawes in that particular doe provide for the peoples weale but for their woe those lawes in that case do neither provide for Souldiers rights nor Englands freedome As for instance Would the Souldiers account it their right to be liable to actions at the Common law for every triviall offence which oftentimes their imployments as Souldiers doth necessarily put them upon towards countrey-men would their small pay inable them to attend the tedious trials at law oftentimes far distant from their quarters and businesse in chargeable Courts where they are necessitated to plead by counsell Or would they be willing to be liable to indictments at the Size and Sessions and there injoyned attendance for every suspition a country-man could have against him For to be sure if there were any mischiefe done by a man in a red coat with a sword by his side the next Souldier the hue and cry overtook in that habit must needs be suspected there to be triable by twelve of the neighbourhood where the offence is committed though himself be never so much a stranger in those parts And all the knowledget the Jury could have of him would be that he was a Souldier which would hardly procure him more favour then is allowed to vagrants in such cases Again would the countrey-man account it his liberty to be liable to the injuries and violence of Souldiers and have no other remedy against them then the common Law What Baily or Officer would undertake the serving of a Writ on a Souldier in an Army for his ordinary fee And in case some would and the Souldiers should resist and protect one another and in a mutinous manner beat or abuse the Officer the plaintiffe hath no remedy still but the common Law For it would be arbitrary tyranny in an Officer to exercise any power over the Souldier in times of peace so much as to rebuke or punish him for neglect or disobedience and what an Officer would signifie in an Army or an Army in Kingdome thus disciplined and governed I desire the prudent to consider and what a multitude of such inconveniences attended with many unsupportable evils and burthens both to the Souldier and Countrey may be enumerated I leave to your consideration 2. Obj. But if it be granted that there is a necessity of Martial Law in an Army yet why should it be so arbitrary and sharp why are not puishments more proportionable to offences Ans I could heartily with this objection might be answered by amending correcting what is amisse in that kind which hath often been desired and propounded to be done by the ruling part of the Army only want of opportunity hath prevented it yet I must say this in answer unto it That if any Souldier in the Army or other can produce one president where the letter or rigor of the Article hath been made use of against one man when the equitable sense and just favourablest meaning of the Article hath not been included in the fact there will be some ground for this objection to be made a present g●ievance but I am confident of the contrary And further if any man will bestow the reading of them over which he may doe in an houres time he shal see that the sharpnesse of the Articles ●n wholly in the behalfe of the freedom and liberty of the people and against the oppressions violences and outrages of the Souldiers which is the most comfortable and choyce freedome that people can enjoy in time of war or where an Army lies in time of peace Ye have wearied the Lord with your words yet ye say Wherein have we wearied him when ye say every one that doth evill is good in the sight of the Lord and be delighteth in them or where is the God of judgement Mal. 2.17 The Lord is known by the judgements which he executeth the wicked is snared with the work of his own hands Psal 9.16 FINIS
of sedition uproare or mutiny upon pain of death Fourthly the said Thomson after he was cashiered and discharged the Regiment by his Major and Captain did still continue in the Quarters of the said Troop for above the space of ten dayes In all which time hee was not inrolled in any Troop or Company All which is proved against him by Capt. Floyd Capt. Taylor Capt. Pichfort Benjamin Yates and Thomas Scot which brings him within the eleventh Article of Duties in the Camp and Garrison No man that carrieth Arms and pretends to be a Souldier shall remain three dayes in the Army and not be inrolled in some Company upon pain of death This charge being thus proved against him he was apprehended brought prisoner to Winsor from whence contrary to his ingagement to the Matiall generall he made his escape and was afterward again apprehended at Westminster and sent prisoner to White-Hall and adjudged guilty of his charge by a Court-Martiall had the sentence of death pronounced against him according to Law After which the Generall inclined to mercy towards him and reprieved him from present execution but continued him in prison But the Army being marched from London and he left at White-Hall in the charge of a Martials man did there make his escape the second time Since which time he gathered together a company of men in Armes whom hee quartered upon the Countrey calling them his Troop and they him Captain with whom hee marched to a Gentlemans house in Essex who had a suit depending in Law with another about a Title in land whom he by force violence dispossest taking his Tenants and Servants prisoners driving them before him in miery way in the night pricking them on with his swords point in a most barbarous and cruell manner For which he was brought prisoner to White-Hall sent by the Court-Martiall to the civill Magistrate who tooke Bayle for his appearance at the Assizes He no sooner had his liberty but without cause or provocation stabd one Mr. Hayden with a Dagger of which wounds he is since dead And within a few dayes after he was again taken on the Road with a party of other men whom he had deluded into his evill courses and had found about him a great black Periwig and a false Beard which they brought back againe with him to White Hall From whence he was sent in safe custody again to the civill Magistrate bailed by Lieut. Coll. Lilburne out of prison And what his actions end hath been since is so notorious I shall not trouble you with the relation of it here The righteousnes of the perfect shall direct his way but the wicked shall fall by his owne wickednes Pro. 11.5 The third person of this number that hath been proceeded against for mutiny and for whom so many are offended is Robert Lockyer a man unknown to me untill the time of his imprisonment since which time I have inquired of him and have heard a very ill report from the mouthes of such who spake it with no delight and yet had cause and opportunity to inquire into and observe his demeanour but there being a relation of the proceedings of the businesse against him with the cause thereof already printed I shall not trouble you with any thing of that again only I must observe to you his unstable demeanor in the time of his suffrings while he was before the Councell the witnesses giving their testimonies against him viva voce he could not deny any thing of that which was laid to his charge but did endeavour to evade it with such criticall crosse interrogatories to the witnesses as discovered more of wit and subtilty then of godlinesse or integrity in him The next morning after he was sentenced he seemed to be very sensible of his miscarriage and sorry for his fault and did desire directions what should be the best way for him to make his mind known to the Generall c. And there being then a Petition drawn which the other five that were to cast lots had subscribed he desired to set his hand to it and joyn with them in it he was advised to be carefull what he did and was told that it was not a time to dissemble neither with God nor Man and that the words of the petition which he desired to subscribe and his former discourse did not agree Upon which having heard the petition read severall times to him he set his hand to it in which he hath these expressions That the Generall would be pleased out of his wonted clemency and goodnesse to passe by that unwise and unlawful action of theirs and give them their lives for a prey and we do vow and protest before the Almighty God that we are heartily sorry for our faults and doe promise as in his all-seeing eye never to doe the like action again nor suffer it to be done if we can hinder it with our lives Then within a few houres after there being a warrant signed for his execution he changed his mind again as if he had not been the same man and began to speak evill of his Judges and the Law by which he was judged c. and to justifie himself as an innocent sufferer in a good cause c. and so continued untill he died Now that which I should desire the Reader to observe in this brief narrative of these three mens faults and punishments is this First what ground there is for these great clamours against the Army for murther and barbarous illegall proceeding c. Have they not all had faire and legall trials by that authority which they voluntarily placed themselves under and submitted to and that with so much lenity and tendernesse as the most able of those who have taken Satans work out of his hand to be the accusers of their brethren are not able to produce one president of the like Had the same faults been committed by such numbers tending to such an apparant hazard of publick ruine in any Army that ever was in Christendome before this the suffering of every tenth man would hardly have excused them and yet here was but one man of one thousand in the first and one out of three or fourscore in the last and the other though notoriously guilty yet spared and yet here must be murther and barbarounesse and tyranny laid to the charge of those who desired nothing lesse then their deaths if they could have answered their duty to God and Man in sparing them their lives Then stood up Phineas and executed judgement and so the plague was stayed and that was accounted unto him for righteousnesse unto all generations Psalm 106.30 The second thing I desire may be minded in the narration is what ground the great pretenders of Englands liberties can have to think their good cause is either interested in or prejudiced by the punishment of these evill actions unlesse that which was punished in these men be the liberty they
so much contend for which must needs be a liberty in particulars to the prejudice of the generall And for Mr. Lockyer whom they are pleased to canonize a Martyr since his death there is lesse to be said for him upon that consideration then for either of the other two for he and those which mutined with him did not so much as pretend common right and freedome nor had the least colour of any one grievance lay upon them except their not having their pay before it was either received by their Officers for them or due unto them which is a new grievance never heard on before in an Army And this is acknowledged by the Author of the second book intituled The Armies Martyr page 6. as followeth Many persons that formerly knew him came to visit him much lamenting his sad condition being condemned for nothing but for asking his pay and indeed that was the thing which most troubled him that so small a thing as contending for his pay should give his enemies occasion to take away his life which as he often said had it been for the fredome and liberties of this Nation it would have added much to his comfort c. For he knew it was malice that prevailed over him not justice I cannot passe by these words without observing something from them His friends lamentation over him is that he should be condemned for nothing but asking his pay and his own words are For contending for his pay But it was for neither of these that hee suffered for they are neither of them faults A Souldier may lawfully ask his pay of his Officer and if he deny it contend with him for it nay if he can prove his Officer have defrauded him or unjustly detained from him one dayes pay he may have him punished for it and that with the losse of his place by an expresse Article of warre And I challenge any Souldier of the whole Army or other to produce one instance that ever they appealed to the Generall or Court-Martiall against any Officer and had not a speedy and legall tryall and if it were usefull in this place I could instance in many hundreds of cases where the Souldier hath been righted against the Officer and such extraordinary reparations given as no Court in England would doe between man and man Nay in many cases where the Souldier hath causlesly and wrongfully prosecuted his Officer at a Court-Martiall and yet hath not had the least reproof from the Court so tender have they been of discouraging the Souldiers in this particular But if a Souldier shall demand his pay of his Officer before it be due or when it is due in a peremptory mutinous way it is punishable according to the manner and measure of the fact For it is possible a Souldier may demand his pay in a peremptory insolent way of his Officer and yet not deserve much punishment As for instance ten or twenty or more may goe together to their Officer and demand their pay of him if it be due and admit they will not be satisfied with a reasonable answer but shall there give him provoking reviling nay threatning language no man will say this is commendable but blameable if not punishable and on the other hand if no worse consequence attend it then that Officer and his Souldiers falling out no man will say this deserves death Nay further if Souldiers shall demand their pay of their Officers upon a march or at a Randevouz or just when they are commanded upon service in the manner aforesaid which is worse then the other yet if they do not refuse to march or doe their duty when commanded though it come within the Article of warre it is the more excusable But the case of Mr. Lockyer and the rest of his associates are much different from all these cases For first they had no pay due they having been better paid since they came last into London then ever they were since a Troop being themselves before hand with the rest of the regiment the regiment aforehand with most of the Army And further they did not only demand their pay in manner aforesaid before it was due unto them but refused to march disobeyed the commands of their Officers while they unjustly quarrell for their wages before they had earned it they refuse to do their work for which they were paid and did not onely disobey their Officers commands but resist them in the doing of their duty forcibly seize upon the Colours detain them from their Officers when demanded and this not done in a sudden hurly-burly or an heat of blood but with deliberation continuing in this posture neere two dayes and nights gathered themselves together into a strong house and there kept it against their Officers When their Colonell and Officers came in love and pitie towards them perswading them by reason to consider with themselves what sad events must follow if they necessitated them to use extremity putting them in mind how comfortably they had ventured their lives together against the common enemy promising them all they either did or could desire if they would be ruled and march after the Regiment But all this would not prevail Mr. Lockyer with some other of their Leaders furnished them with arguments to trample upon and insult over clemency For when their Officers I mean their Colonell and Major and 2 or 3 Captains of the Regiment had granted them all that they could think to ask they then told them in plain English they had been too long fed with words they had trusted thē so often that they would trust them no more And all the while they thus capitulated with their Officers they stood drawn up in Galleries and Windows with their Swords and Pistols as if they had been treating with an enemy and did not submit untill the yard was a clearing to make way for the Horse and Foot to force them These things considered with the circumstances of time and place if the Lord had not wonderfully prevented it by awing the hearts of a discontented popular multitude it might have proved as bloody a day to that great Citie and more fatall to the Kingdomes interest then ever yet England saw or thought of The next thing observed out of those words quoted of his is this Which as he often said had it been for the freedome and liberty of this Nation it would have added much to his comfort Truly I cannot blame him If ye suffer for righteousnesse sake happy are you but let none of you suffer as an evill doer or a busie body c. I hope there was not a man that had a hand in punishing him for his miscarriage but would rather have suffered with him in so good a cause but it is cleare out of his own mouth his conscience told him he did not suffer for those things and if not how come the great pretenders for Englands liberties and freedome to glory so much in his