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 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 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 preâ—enâ—â— or shew in the 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
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 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 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 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
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 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 of * Pro. 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 regarding her Sex Age or present condition Vir uxâ—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 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 siâ—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
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 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 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 as * Iuliamus Emperor of Rome slaine in the Pers. Warres one did on his Death-bed Right joyfull and wiâ—tingly much more have I stood firmly grounded and resolute whensoever the Common-wealth 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 Finis Certain Quaeries wherein Resolution is desired proposed without any particular by-interests or private respects at all but for satisfaction I. WHether the Army under the present conduct of Sir Thomas Fairfax are not as well bound to resist yea to the death Tyrannie and Oppression in the Parliament as in the King and whether every point and part of their Commission extend not as well to the one as the other II. How the Army can disband till they see those things effected for which the people entrusted them in Military Employments III. Whether the end of their Banding was to free nd acquit the people of this Kingdome from feared slavery or not if it were how will Conscience and the Kingdome be satisfied if they disband before they have done their worke if not then why were they raised IV. Whether the effect or end of any thing is not more honourable and consequently to be preferred before the efficient cause whereby it was procured V. Whether the blood of all the slayne during the late Warre may not be required justly at the hands of this Army since it was spilt in vaine if they endeavour not to bring to passe the just ends for which it was shed VI. Whether a lawfull Cause a lawfull Commission and the peoples willingnesse in cases of necessity be not sufficient to raise a lawfull Army VII Whether the Parliaments lawfull Ordinances are not sufficient warrants for the Army in the prosecution of the Kingdomes Cause in the case aforesaid VIII Whether the Army are bound to observe the will and Command of the Parliament when they are acted by a principle of egoity and selfishnes and for private Causes and interests or the will and Commands of the Law IX Whether the Parliament are better able to judge of the peoples grievances and oppressions then they be of their own X. Whether the Parliament are not bound to heare and give satisfactory answers to their Petitions and whether it be a breach of priviledge as they have somtimes declared so to do or not XI Whether the priviledges of Parliament be inconsistent with the weale of the people XII Whether upon non-satisfaction to the just Demands of the people no reason given but breach of priviledge the Army are not engaged both by Covenant and Command to use all lawfull meanes for the procurement of the peoples reasonable Desires they having employed and maintained them for that purpose XIII Whether the Parliaments expression in the Declaration formerly mentioned to wit that obedience binds not men to cut their owne throats and those so frequently used in Scripture save thy selfe thy wife thy children an eye for an eye a tooth for a tooth be not just grounds for the present actions of the Army and why XIV Whether an Act of Indempnity though with the Royall assent for things done in tempore loco belli be sufficient to acquit the Army from those things they have done neque in tempore nec loco belli especially the Parliament having upon no grounds in the earth declared them Traytors enemies in tempore pacis XV. Whether the King and Parliament are not both subordinate to the Law And whether is Supreame the King or Parliament the Head or his Members if the King then why might not the injustice of the Parliament be as warrantably opposed as the Kings FINIS
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 1. 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 3 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 4 Those Powers that be not given from God are no powers But usurped Powers are not given from God Ergo Vsurped Powers are no Powers 5 Those Powers that are no Powers ought not to be obeyed But usurped Powers are no Powers Ergo Vsurped 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 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 their * In 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. â—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 taxâ— 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 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 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 when it is put in the ballance with the * 1 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