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A45518 The nations claim of native right Wherein the gross and extreme defection and injustice of the court martial, and of all courts; the destructive abuse of the law, and pressing necessity, that the nation speedily unite (as one man) for an agreement in righteousness, is by particular example, and an appeal to the general councel of the army, and by several considerations cleerly demonstrated and proved. Secondly, the nullity of order, matter, and form of a free people is asserted, and proved by scripture: and how (to persons, families, people, and churches) right order, matter, and form may be attained. Thirdly, a brief pourtraict of a right government of the nation, and agreement of the people; and how such government and agreement may be with ease attained; a new representative freely elected: the laws rectified: the poor relieved: and the peoples, and armies, and every particular persons just interests (in peace with truth) satisfied, is proposed to the nation. By Thom. Harbye, late Quarter-master in the Regiment late Harby, Thomas. 1650 (1650) Wing H684; ESTC R216528 94,995 134

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are dis-inabled to discharge their Places or to do service By this means the Faith of the Nation is grossely abused and perfidiously infringed and broken and the Nation made guilty of defrauding and of oppressing its preservers guilty of most unnatural cruelty and injustice guilty of re-involving it self into this last new War wherein it was brought to the very brink of extremity to be utterly lost and destroyed By these means they are guilty of causing all the Treasure that hath been spent and all the Bloud that hath been spilt in this Nation to establish righteousness to be spent and spilt to no purpose or to establish oppression and unrighteousness By this means they make themselves and the Nation guilty of all the scarcity famine poverty persecutions cruelties bloudshed oppressions and sicknesses thereof ensuing which have been caused by this last War and yet these causes are not taken away and the means are not yet removed By these means they unjustly imbitter the conscientious and honest party and exasperate others and kill and murder them for being justly imbittered and exasperated They Level the object of their wicked and unjust Jealousies and Fears their real and best and most faithful friends suppor●ers and preservers by aspersing and slandering them falsely as the men of Belial did Naboth to destroy them They Level them by with-holding straw their due pay the slender pittance and fuel of their lives and beings Howbeit these the true Israel the free born of God the object of Chams sons cursed fears and of their desires to Level and Destroy them have ever been under God their causeless persecutors levellers and oppressors preservers and the freers of them from all plagues and destruction at all times and they themselves the greatest oppressors persecutors levellers and destroyers of their own supporters and preservers but indeed of themselves that ever were in the world Lastly Pharoah and his servants were set upon their wicked purpose to oppress level and destroy Israel by believing the lying words and works of Sorcerers So these are set upon their wicked purpose to oppress level and destroy the true Israel by harkening to real Sorcerers and seducers The Sorcerers of Egypt resisted Moses sent to deliver Abrahams free born from Egyptian bondage These resist the true Moses Christ sent to deliver the true Israel the free born of God from real misery and bondage in body and Spirit The works of God by Moses were true Miracles real Righteousness and types of true Righteousness For example The Egyptians thirsting the bloud of their supposed Levellers but real Supporters drowned their Males in rivers therfore all rivers and waters of Egypt were turned to bloud that they and their cattel could drink no water but bloud and this work of God by Moses was a work of true Righteousness and a type of a more perfect righteousnes of the true Moses Christ 2 The Fishes which in these rivers are more various and monstrous then in any rivers in the world fed upon the flesh and bloud of the Israelites new born infants therefore in a type of Justice the fishes had rivers of bloud given them and nothing but bloud to drink and feed upon therefore the fish died and the rivers stank 3 The Egyptians regarded not the just Petitions cryes and complaints of the afflicted Israelites nor the pitious cryes of their perishing Male children whom they drown'd in the rivers therefore Frogs a helpless naked and unarmed also a clamorous and crying creature came up out of the Rivers into their houses and bed-chambers and covered their Land as it were so many millions of witnesses attesting to their faces and with loud voyces proclaiming their bloudy cruelties and oppressions As the naked and unarmed condition and helpless innocence of the new born infants cast into these Rivers was remonstrant to the eyes of the Egyptians in this creature so these creatures were a type of the helpless and miserably naked and stript poor 4 The Egyptians did eate up the afflicted poor of the Land like bread and did grind them to dust therefore the dust of Egypt a type also of the poor was turned into Lice and did eate the flesh of the Egyptians Where the peoples Representatives oppress and destroy the people of God the plague of Frogs follows and innumerable helpless and naked poor cover the Land and fill the houses and bed-chambers of their oppressors with loud clamours petitions cryes and complaints If oppressors will not hear the cryes of the people of God nor of their miserable murdered male children nor the cryes of the poor the plague of Lice follows and the dust of Egypt the poor of the Land turned into Lice eate the flesh of their oppressors Their corruption and cruel oppression bred them and they must feed them These plagues and all the rest were not upon Abrahams free-born the Israelites but upon the Egyptians their oppressors And these plagues in the truth and substance will not fall upon those that in sincerity seek Freedom from Bondage but upon their oppressors that seek to enslave level and destroy them These and all the Miracles which God wrought by Moses were true Miracles and likewise works of real Justice and types of true Righteousness tending to deliver Israel from the most bloudy and cruel bondage and oppressions that ever were But the lying miracles of the Magicians and Sorcerers were false and imposterous works tending to harden Pharoahs and his servants hearts in their wicked purpose to oppress and destroy their own preservers afflicted and oppressed Israel 5 The lying miracles of the Magicians and Sorcerers which they wrought before Pharoah and his servants falsely shaddowed forth the true Miracles of Moses and were miracles in shew not in substance seemingly not indeed in appearance but not in truth 6 The words and works of Pharoah and his servants by be lieving the lying words and works of Magicians and Sorcerers became like theirs falsely shaddowing forth the true words and works of Moses and were just and true words and works it shew not in substance seemingly not indeed in appearance bu● not in truth For Pharoah and his servants were willing to le●● Israel go seemingly but did indeed enslave and suppress them They repented and were sorry for all the evils they did to Israel seemingly but indeed endeavoured to oppress level and destro● them They were mighty forward that Israel should go out fre● seemingly but did indeed pursue them to destroy them and 〈◊〉 take all that was theirs So the words and works of those that seek to level and destro● the free born and the words and works of their heart-hardenin● Sorcerers and seducers are sorceries falsely shaddowing forth th● true works of Righteousness wrought by the true Moses Chris● and his members and are just and righteous in shew not 〈◊〉 substance seemingly not indeed in appearance but not in trut● They are forward to promote Justice and favour just me seemingly but indeed oppose Justice
Lilburn what David said of Saul and Jonathan That in death they were not divided For the Captain that commanded the Second Party at the Storming of Tinmouth Castle of whom I never heard but that he was an honest and stout man told me that Lievt Col. Ashfield when they were to fall on refused to give him Orders but referred him to the Engineer for Orders by which means that Party fell not on till the Castle was taken and the other Party engaged their lives alone and Stormed and took the Castle alone The Mr Enginneer also said he would call Lievt Col. Ashfield to account before a Councel of War for miscarriages on his part about the Storming and taking of the said Castle Charge V. The Complainant further saith That the said Lievt Col. did use many mis-reports sharp menaces and revilings against the said Complainant in his humble and quiet pursuit of his own just due and proper right viz. He threatned to lay him at his feet to strike him upon the mouth to confine him to his Chamber to abstract all his Pay and to turn him out of his Place affirmed the said Complainant did scandalize him in speaking words and in reading of scandalous papers against him upon the ser eral Guards of the sand Garrison by which said means he obstructed the Complainants proceedings for Justice and occasioned extream hazard of the Army by rents and divisions amongst the Officers and Souldiers of the said Garrison What am I or any man the better that our Cause is good if the means to manifest the truth serve but to Condemn Cashier Suppress Imprison Asperse and Ruine the Assertors and Witnesses of the Truth without tryal or examination which when the Lievt Col. as he hath endeavoured shall accomplish I believe he will put in an Answer to these Charges and not before If Delinquents in matters of highest concernment to this Nation may for self-safety and self-ends if need be dissolve the Order and Frame of Government and if partiality and respect of persons and relations be the series and form of judicial proceedings this Nation must suddainly become a Field of bloud a Wilderness full of Ravening Wolves and a Den of Wild-Beasts I gave in these Charges about the eight of February 1648 to the Judge Advocate and made this ensuing Appeal to the General Councel about the eighteen of February but had no Redress nor Answer of it Thomas Harby Quartermaster To his Excellence the Lord General FAIRFAX and the General Councel The humble acknowledgement and Appeal of THOMAS HARRY Quattermaster in the Regiment lately under Command of Major Gen. SKIPPON I Humbly present to your honours this acknowledgement in which God is my record that I confidently and verily believe the Charge I have Exhibited against Leivt Col. Ashfield is both really true and probable by good and suficient proof and witness I confess I am not skilful in proceedings of strife and divisions as having ever sought peace and therefore I might erre in order and manner of such matters but I look upon the truth of God in this confession that Charge and all other relations as the Rod of God in Moses hand which when he cast it from him turned into a Serpent and he sled from it If I cast away the Truth and flee from it it is a Serpent to destroy me and to destroy such as cast it away and flee from it If we take it up and hold it fast it is the Rod of God to bring us from a Land of burdens under War Violence and Oppression into a Kingdom wherein dwelleth Righteousness What is absolute truth God knoweth what I believe is really true and probable by suficient witness I here assert What can or shall appear I leave to God to discover and to just men to discern and judge I know no president in the Army comparable to me for wrongs and unjust sufferings and I believe there is none nor hath been any therefore I made my humble Addresses to several Representatives but without Redress and in vain My humble Desires in the said Addresses chiefty were That two men of approved fidelity whom I on my part should chuse as the Lievt Col. on his part might have the same liberty might be appointed and authorised with power to take Examinations and either to decide and end all Differences and Grievances or Report them as the best expedient to Truth and Peace and this Was my humble Desire to the Court Martial I gave the Charge to the Judge Advocate in his Chamber and askt him if I must set the names of the Witnesses in the Margent he said No and gave it me back to alter something in it The next morning I gave it him in his Chamber and he gave it me back biding me give it him into the Court which I did I told the Court I would prove the Charge by sufficient witness and Declare to what he could alledge against it and desired that my witnesses might be sent unto to be Examined but the Court did not admit me that liberty but Ordered I should acknowledge at the Head of the Regiment That I had wronged the said Lievt Col. and that should be all my punishment I Answered I could not do it not out of contempt to the Court but because I was cleerly convinced in Conscience That I had done him no wrong in that Charge The Court there upon Ordered I should be suspended 14. dayes in which time if I did not acknowledge I had done him wrong I should be Cashiered The Causes why I Exhibited that Charge are First because I do verily believe and am satisfied in Conscience That that intire Charge for the substance of it and much more is really true and that he was the first causer and mover of that strife Secondly because I did verily beleive that from the time of the said Regiments first Engaging with the Army about the time the Army engaged at New-Market-Heath the said Lievt Col. did labour to work out wrong and suppress the honest Party of the Garrisons of Newcastle and Tinmouth Castle to the extream hazard of the said Garrisons And I verily believe also that this was the Sense of the honest party and of those that had Engaged in the said Garrisons Thirdly Because as David a good man and a wise King having wronged Vriah did from that Principle improve all his power in himself and all the power and interest in the Captain of his Host to destroy that man and he did destroy him So it is cleer to me that he having wronged the honest party and those that engaged with the Army in these Garrisons must and did from that Principle improve his own power and all his power and interest in and with other Officers and Commanders to engage them unto him to work out wrong and suppress the honest party and such as did engage and thereby did extremly hazard to destroy the Army by most unjust Oppressions and continual