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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
end_n	law_n	people_n	safety_n	1,280	5	9.1725	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A96502	The case of the Armie truly stated, together with the mischiefes and dangers that are imminent, and some sutable remedies, humbly proposed by the agents of five regiments of horse, to their respective regiments, and the whole Army. As it was presented by Mr. Edmond Bear, and Mr. William Russell, October 15. 1647. unto his Excellency, Sir Thomas Fairfax. Enclosed in a letter from the said agents : also his Excellencies honourable answer thereunto.	Fairfax, Thomas Fairfax, Baron, 1612-1671.; Wildman, John, Sir, 1621?-1693.; Everard, Robert, fl. 1664.; Trevers, Edward.; England and Wales. Army.	1647 (1647)	Wing W2168A; Wing W2168B; Thomason E411_9; ESTC R40122	20,291	26

done long since being as to the principall of them but this substance and equitable sense of the former declarations Remonstrances and representations and therefore though our restlesse desires of the peoples good and of the welfare of the Army have constrained us thus publiquely to state our case and the remedie according to the best improvement of the small Tallent of understanding that God hath given freely to us Yet let not the matter be prejudged because of the unworthy Authors neither let it be thought presumption It may be remembred that the Fathers danger made a dumb child to speake and the Armys yea all the peoples dangers and miseryes have wrested open our mouthes who had otherwise been silent in this kinde to the grave and let it not be thought that we intend the division of the Army we professe we are deeply sensible and desire all our fellow soldiers to consider it In case the union of the Army should be broken which the enemie waite for ruine and destruction will breake in upon us like a roaring sea but we are much confident that the adhearing to those desires and to that speedy way of attaining our just ends for which we first ingaged cannot be interpreted to be a desire of division but the strongest vigorous endeavours after union and though many whom we did bettust have been guilty of most sapine negligence yet we expect that the same instruction of judgement and conscience that we have all professed did command us forth at first for the peoples Freedome will be againe so effectuall that all will unannimusly concurre with us so that a demand of the peoples and Armyes rights shall be made by the whole Army as by one man that then all the enemies to or obstructors of the happy settlement of common right peace and freedome may heare of our union and resolution and their hands may be weake and their hearts may fayle them and so this Army that God hath cloathed with honour in subduing the common enemie may yet be more honourable in the peoples eyes when they shall be called the Repayters of their breaches and the restorers of their peace right and freedome And this is the prayer and shall alwayes be the earnest endeavours of The Armie and all the peoples most faithfull servants Lievt Gen. Robert Everard George Sadler Com. Gen. George Garret Thomas Beverly Col Fleetwood William Priar William Bryan Col. Whalyes Matthew Wealy William Russell Richard Seale C. Riches Iohn Dober William Hudson Agitators Gilford October 9 1647. FINIS A Copy of a letter from the Agents of the aforesaid five Regiments of Horse unto His Excellencie Sir Thomas Fairfax May it please your Excellencie FRom the deep sense of out duty to God to our native Country to your Excellency to this armie and to our selves to posterities to come we find such obligations upon our consciences written naturally by the finger of God in our hearts that we cannot behold the honour of God to be impaired the workes of his hands the land of our Nativity your Excellency this army our selves or posterities ready to be swallowed and devoured up in confusion thraldome and ruine and to sit still and not arise in the strength of his might to contribute our best endeavours for the prevention thereof for God hath given no man a talent to be wrapt up in a Napkin and not improved but the meanest vassell in the eye of the world is equally obleiged and accomptable to God with the greatest Prince or Commander under the Sun in and for the use of that talent betrusted unto him and therefore we presume that your Excellencie who does acknowledge your selfe a creature of and servant to the same God will not thinke it strange or judge us disobedient or refractoy that we should as we have presumed to state the case of the army how declined from its first principles of safety what mischiefes are threatned thereby and what remedies are sutable for prevention which herewith we doe humbly present and offer unto your Excellencie for Sir should you yea should the whole Parliament or Kingdome exempt us from this service or should command our silence and forbearance yet could not they nor you discharge us of our duties to God or to our own natures for we must be accomptable and judgement will come for the deeds done in our flesh whether good or evill and he that hath not improved and put forth his talent to use shall be bound hand and foot and cast into the lake of eternall vengeance So that we are bold from our sense of your Excellencies piety honesty and uprightnesse to God and to your Country that in this our discharge of our duties to both we shall not ineurre your displeasure or discountenance but that you will freely commit us and the issue of our endeavours to God and if it be of him it will stand and from our consciences we attest and protest in the presence of his all seeing diety as we desire safety in this life or in that which is to come we have no other then cordiall and fathfull intents and resolutions to the undoubted safety and weale of our native country to Parliaments your Excellency this army in this businesse represented in these inclosed papers we do utterly abhor renounce al secret or private designs or interest under the same together with all that is contrary to the plain and vulgar sense expressed in the premises therof And if by any one your Excellencie shal be suborned that we are transgressors of all order and forme and in that sense only to looke upon us We desire to mind your Excellencie that the law of nature and nations attested in our own publique Declarations and papers may be an answer to such for the just fication of our present expedient for all formes are but as shadowes and subject to the end and the safety of the people is above all formes customes c. and the equity of popular safety is the thing which justifieth all formes or the change of formes for the accomplishment thereof and no formes are lawfull longer then they preserve or accomplish the same If our duties bind us when we see our neighbours house on fire to wave all formes ceremonies or complements and forthwith not waiting for order or leave to attempt the quenching thereof without further scruple as thereunto called of God we say if we be so oblieged and called in the case of a particular then much more are we obleiged and called when we behold the Great Mantion house of this Common wealth and of this Armie wherein all the families of the Nation are contained on fire all ready to be devoured with slavery confusion and ruine and their nationall native freedome the price of their treasure and blood wrested out of their hands as at this present appeareth to our best understandings And therefore in this exigencie and straight of extremity we from the very dictates of Divinity Nature and Reason ingraven in our hearts could not otherwise chuse with quiet and peace to our consciences which no mortall man can take from us or suppresse the overpouring motives thereof but consider with our selves what we should doe to award those threatnning mischiefes from this nation and army to that end we find nothing more effectuall then to knit our selves together with this fixed resolution to part with our lives and all that is neare and deare unto us before we part with our freedomes and in relation thereunto we the Agents to five Regiments of your Horse have after our weak manner in this our Representatation directed to our respective Regiments and to the whole Army discharged our duties And we presume we haue not erred from the equitable sense of our solemn Engagement or from the just maximes and matters contained in our Declarations Remonstrances c. from the which we are resolved not to receed Thus humbly craving your Excellencies favourable construction in our innocent intentions and endeavours we as we alwayes have been cordially remaine Your Excellencies and this Nations faithfull Servants and Soldiers to stand or fall with you and it for common Right and Freedome Lievt Gen. Edward Trevers Edmon Bear Edward Trevers Edmon Bear Com Gen. George Garret Jeremiah Cole Col. Fleetwood William Prior. William Bryan John Fletcher Col. Riches Iohn Dober William Hudson Col. Whaleys Matth. Wealey William Russell .. Hamstead October 15. 1647. Wee appoint Edmond Bear and William Russell abovesaid in our names to present this Letter together with our Representation intituled The case of the Army c. to his Excellency Sir Thomas Fairfax

choice of all just Governors whatsoever is their apprehension of safety and good by them that it be insisted upon possitively That the supreame power of the peoples representors or Commons assembled in Parliament be forthwith clearly declared as their power to make lawes or reveale lawes which are not or ought not to be unalterable as also their power to call to an account all officers in this Nation whatsoever for their neglect or treacheries in their trust for the peoples good and to continue or displace and remove them from their offices dignities or trust according to their demerrits by their faithfulnesse or treacherie in the businesse or matters where with they are intrusted and further that this power to constitute any kind of governors or officers that they shall judge to be for the peoples good be declared and that upon the aforesaid considerations it be insisted upon that all obstructions to the freedome and equallitie of the peoples choice of their Representors either by Patients Charters or usurpations by pretended customes be removed by these present Commons in Parliament and that such a freedome of choice be provided for as the people may be equally represented This power of Commons in Parliament is the thing against which the King hath contended and the people have defended with their lives and therefore ought now to be demanded as the price of their blood That all the oppressions of the poore by Excize upon Beare Cloath Stuffes and all manufacturies and English commodities be forthwith taken off and that all Excize be better regulated and imposed upon forraign commodities and a time set wherein it shall certainly end if there be a necessity of its present continuance on such commodities 3. Whereas the people have disbursed such vast sums of money by Pole-money Subsidies proposition money Contribution the five and twentieth part viewes and reviewes of the same monethly assessements Excize and other wayes and such vast sums have been collected and enforced by Sequestrations Compositions sale of Bishops lands and other wayes that the whole charge of the forces by sea and land might have been defrayed to the utmost farthing and yet many millions of money remained of all that have been disbursed freely or enforced had been faithfully brought into the publike treasury and improved for the publique use only therefore that in respect to the peoples right and for their ease and for better and more easie provision of money for the Soldiery that it be insisted upon possitively that faithfull persons be chosen to receive accounts in every part of the kingdome especially considering that former Committees for accounts were constituted in a time when corrupt men over poured the Parliament and yet they have done no service in discovering moneys since their constitution and herein it s to be insisted on that all without distinction as well parliament men as others may be equally accountable to persons chosen for that purpose Now herein its further to be insisted on that whereas the time was wholly corrupt when persons were appointed to make sale of Bishops lands and whereas Parliament men Committee men and their kinsfolkes were the only buyers and much is sold and yet its pretended that little or no money is received and whereas Lords Parliament-men and some other rich men have vast sums of arreers allowed them in their purchase and all their moneys lent to the state paid them while others are left in necessitie to whom the state is much indebted and so present money that might be for the equall advantage of all is not brought into the publique Treasury by those sales It s therefore to be insisted on that the sale of Bishops lands be received and that they may be sold io their worth and for present moneys for the publike use and yet the sale of all such be recalled as have not been sold to their worth or for present moneys And it is further offered in consideration that the Court have occasioned the late warre and reduced the state to such necessity by causing such vast expence of treasure that therefore whereas the many oppressions of the people and the danger of absolute tyrany were the occasion of the expence of so much blood and whereas the people have bought their rights and freedomes by the price of blood and have in vaine wasted long since the common enemie hath been subdued for the redresse of their grievances and oppressions that therefore it be demanded as the peoples due which ought not to denyed to the Army or to them yet seeing the King hath his Court and lives in honour yet before his businesse be further considered because the people are under much oppression and misery it be forthwith the whole worke of the Parliament to heare consider of and study effectually redresse for all common grievances and oppressions and for the securing all other the peoples rights and freedomes besides all these afore mentioned and in particuler First that all the orders votes ordinances or declarations that have passed either to discountenance petitions suppresse prevent or burne petitions imprison or declare against petitioners being dangerous presidents against the freedom of the people may be forthwith expunged out of the Journall books the injustice of them clearly declared to all the people and that in such a declaration the soldiery be vindicated as to the right and equity of their first petition all those large summes of money that were allowed to needlesse pretended Officers of the Court which did but increase wickednesse and prophanenesse may be reserved for a publiqve treasure to be extended in paying those Lords that must be maintained for the peoples safety and whereas there is now 50. l. perdiem allowed for the court who offered that there might be 300 l. perdiem allowed for the court to be paid out of the publique treasury through a good and faithfull improvement of al the Lands pertaining to the Court there must be as much reserved for leaving publique charges and easing the people And its further offered that whereas millions of money have been kept in deads stock in the City of Lonndon the Hals and Companies and the free men of the City could never obtaine any account thereof according to their right That therefore a just and strict account may be fhorthwith given to all the free men of any those dead stocks and yet whereas there hath been nothing paid out of those nor for the lands pertaining to the City whiles the estates of others have been much wasted by continuall payments that therefore proportionable summs to what other estates have payd may be taken out of those dead stocks and lands which would amount to such vast sums as would pay much of the soldiers arreares without ou●●hening the oppressed people And its further offered that forrest lands and Deanes and Chapters lands be immediately 〈…〉 part for the arrears of the Army and that the revenue of these and the residue of Bishops lands unfold

that the Army was not to insist upon or demand any securitie for any of their own or other the free borne peoples freedoms or rights though they might propound any thing to the Parliaments consideration and according to that high breach of their Engagement their actions have been regulated and nothing that was declared formerly to be insisted upon hath been resolvedly adhered to or claimed as the Armies or the peoples due and we conceive it hath been by this meanes that the Soldier hath had no pay constantly provided nor any securitie for Arreers given them that hitherto they could not obtain so much as to be paid up equally with those that did desert the Army The pay since received hath not been so much as since accrued to be due in course and therefore that answers not the three moneths Arreers that was paid to the deserters of the Armie it not being possitively insisted upon although in the Remonstrance of Iune 23. pag. 11. It was declared that it should be insisted upon resolvedly to be done before the Thursday night after the sending that Remonstrance and it s now many moneths since Fourthly In the prosecution of this breach there hath been many discouragements of the Agitators of the Regiments in consulting about the most effectuall meanes for procuring the speedy redresse of the peoples grievances and clearing and securing the native rights of the Army and all others the free Commons It hath been instilled into them that they ought not to intermeddle with those matters thereby to induce them to betray the trust the Regiments reposed in them and for that purpose the endeavours of some hath been to perswade the Soldiery that their Agitators have medled with more then concerned them In the Declaration of Iune 14. pag. 〈◊〉 It was declared that the Army would adheare to their desires of full and equall satisfaction to the whole Soldiery of the Kingdome in Arreers Indempnity and all othre things mentioned in the papers that contained * It was declared to be one of the chiefe grounds of discontent if any part of the Armie should be disbanded before satisfaction was given to the whole See the Engagement pag. 3. and the Armies first grievances and are not all that concurred with the Armie in the same condition the grievances disatisfactions and desires who did then or should afterward concurre with this Army in these desires But many thousands who have concurred with this Army are now to be sent for Ireland or to be disbanded with two moneths pay before any securitie for Arrears or sufficient Indempnitie or any satisfaction to any desires as Soldiers or Commoners then propounded so now our Declaration is forgotten and the faith of the Army and his Excellency broken for it may be remembred that his excellency often promised that the same care should be taken for those that concurred that should be for this Army therefore if this course be driven on what better can wee expect for our selves in the end Sixtly In the same Declaration June 14. pag. 6. it is declared that the Army took up Armes in judgement and conscience for the peoples just rights and liberties and not as mercenary Souldiers hired to serve an arbitrary power of the State and that in the same manner it continued in armes at that time and pag. 7. of the same Declaration it was declared that they proceeded upon the principles of right and freedome and upon the law of nature and Nations But the strength of the endeavours of many hath been and are now spent to perswade the Soldiers and Agitators that they stand as Soldiers only to serve the State and may not as free Commons claime their right and freedome as due to them as those ends for which they have hazzarded their lives and that the ground of their resusing to disband was only the want of Arrears and Indempnitie Seventhly In the Remonstrance June 23. pag. 14. compared with pag. 15. it was declared that such extraordinary courses should be taken as God should direct enable them thereunto to put things to a speedy issue unles by the Thursday then imediately following assurance and securitie were given to the Army and Kingdome that the things desired in the Declaration Iune the 14. should be speedily granted and setled But there hath been ever since a totall neglect of insisting possitively upon the redresse of those grievances or granting those desires of the Army as Soldiers That the Declaration of June the 14. pag. the 3. refers unto as formerly expressed and not so much as one of those desires as Commoners of England in the behalfe of themselves and others propounded in the same Declaration pag. 6.9 10 11. hath been insisted upon possitively neither setting a determinate period wherein the Parliament shall certainly end nor purging the House nor clearing the rights of the people in petitioning nor the righting of them in accounts c. so that by these declinings of the Army Viz. declaration Iune 14. pag. 4. from insisting resolvedly upon the peoples and the Armies own rights both are after long expectations as farre from right and freedome as though there had been no man to plead p their cause And herein it is to be observed that the neglect of insisting upon our most just desites hath given enemies such secret incouragement that they shufle off any desires though propounded as to be insisted upon Viz. the Armies representation of disae tisfaction Iun. 4.5 page 19. as may be mentioned in that our just desire of recalling publikely the Declaration inviting al to desert the Army professed to be insisted upon in the same Declaration June 23. pag. 11. which notwitstanding to this day was never publiquely recalled so likewise the desire of vindicating the Parliaments honour in relation to a publique disowning the order to suppresse our first Petition and many others The parliament Scots Commissioners long since resolved that satisfaction and securitie was to be given to the people in relation to those publike ends for which they expended so much treasure and blood before the King should be provided for this is hinted in the Remonstrance signed King stone page 11. Eightly In the declaration of Iune 14. pag. 10. as in all other Remonstrances and Declarations it was desired that the rights and liberties of the people might be secured before the Kings busincsse should be considered But now the grievances of the people are propounded to be considered after the restoring him to the regall power and that in such a way according to the proposals viz. with a negative voice that the people that have purchased by blood what was their right of which the King endeavoured to deprive them should yet solely depend on his will for their reliefe in their grievances and oppressions and in like manner the securitie for the Armies Arrears is proposed to be considered after the businesse of the King be determined so that there is a

least on his confirmation But also it s the highest disparagement to the supream authority of this Nation the Parliament that when they have commanded an armie upon service against the King they should not have sufficient power to save them harmelesse for obedience to their commands and also it s the highest dishonour to the armie that they should seeke to the conquered enemie to save them harmelesse for fighting against them which is to aske him pardon so will remain as a perpetual reproach upon them 7. Through the armies declining its first principles to insist upon satisfaction and securitie as Soldiers Commoners before disbanding or dividing the armie is it now likely to be so far scattered into severall quarters that it shall be in no capacitie to insist upon securitie for arreers sufficient indempnitie or upon any its own or the nations rights in case they shall be still denyed them 8. It is to be considered that the enemies on the one hand and the other increase dayly in their boldnesse confidence and strength whilest securitie for the armies arreers and constant future pay so long as it shall be continued are not provided and and the rights and freedomes of the people are not cleared and secured the armie may divide in case one part should insist upon the first just principles and be faithfull thereunto and another part should by flatteries preferments feare or negligence decline or desert them and let it be considered what strength that would adds to the enemies and how far it will indanger the ruine of the armie and kingdome Now we cannot but declare that these sad apprehensions of mischiefes dangers and confusion gaping to devoure the armie hath filled our hearts with troubles that we never did nor doe regard the worst of evills or mischiefes that can befall our selves in comparison to the consequence of them to the poore Nation or to the security of common right and freedom we could not but in reall not formall fained trouble of heart for the poore Nation and oppressed people breake forth and cry O our bowels our bowels we are troubled at the very heart to heare the peoples dolfull groanes and yet their expected deliverers will not heare or confider they have run to and fro and sighed or even wept forth forth their sorrowes and miseries in petitions first to the King then to the Parliament and then to the armie yet they have all been like broken reeds even the armie it selfe upon whom they leaned have pierced their hands their eyes even faile with looking for peace and freedome but behold nothing but distraction oppression and trouble and could we hope that helpe is intended yet the people perish by delayes we wish therefore that the bowells of compassion in the whole armie might yearne towards their distressed brethren and that they might with one consent say each to other come let us joyne together speedily to demand present redresse for the peoples grievances and securitie for all their and our own rights and freedomes as Soldiers and Commoners Let us never divide each from other till those just demands be answered really and effectually that so for the peoples case as many forces as are not absolutely necessary may be speedily disbanded and our honour may be preserved unspotted when they shall see that we minded not our own interest but the good freedome and welfare of the whole Nation Now to all that shall thus appeare we propound That whatsoever was proposed to be insisted on either in the the Declaration of June the 14. or the Remonstrance Iune 23 and in the Remon from Kingstone August 18. be adhered to resolvedly so as not to reced from those desires untill they be throughly and effectually answered more particularly that whereas it appeares by possitive lawes and antient just customes that the people have right to new successive elections for Parliaments at certain periods of time and that it ought not to be denyed them being so essentiall to their freedome that without it they are no better then slaves the nature of that legislative power being arbitrary and that therefore it be insisted on so possitively and resolvedly as not to recede from it 1. That a determined period of time be forthwith set wherein this Parliament shall certainly be desolved provided also that the said period be within 9. or 10. moneths next ensuing that so there may be sufficient time for setling of peace and freedome 2. Whereas all good is obstructed and diverted by the power influence of Delinquents the late usurpers undu elected ones in the Parliament that therfore it be possitively resolvedly insifled on that the house be forth with purged from al that have sorfited their trust or were unduly elected but especially that an order be passed forthwith for the expelling all those from the house who sate in the late pretended Parliament that likewise a severe penalty be ordered to be imposed on every of those usurpers that shall presume to sit in the House for the passing of such an order before they shall have given sufficient evidence that they neither voted for a new warre or for the Kings comming to London upon his own tearmes 3. Wheras his Excellencie the whole armie were guilty of the highest treason if the pretended Parliament had been a legall Parliament and its apparent that they were no legall Parliament that therefore it be possitively and resolvedly insisted upon that the Declaration of the army upon their last march up to London be forthwith publikely owned and approved of by the Parliament and that the same publique approbation be Passed upon the Remon and protest sent from Kingstone August 18. 5. Whereas Parliaments rightly constituted are the foundation of hopes of right and freedome to this people and whereas the people have been prevented of Parliaments though many possitive lawes have been made for a constant succession of Parliaments that the before it be possitively and resolvedly insisted upon that a law peramount be made enacting it to be unalterable by Parliaments that the people shall of course meet without any warrants or wries once in every two yeares upon an appointed day in their respective Countryes for the election of the representors in Parliament and that all the freeborn at the age of 21. yeares and upwards be the electors excepting those that have or shall deprive themselves of that their freedome either for some yeares or wholly by delinquency and that the Parliament so elected and called may have a certaine period of time set wherein they shall of course determine and that before the same period they may not be adjurnable and disolvable by the King or any other except themselves Whereas all power is originally and essentially in the whole body of the people of this Nation and whereas their free choice or consent by their Representors is the only originall or foundation of all just government and the reason and end of the