divide the whole Army from the Countrey and the Countrey from them This was done when the Head-quarters were at Saffron Walden witness that Petition framed by some Members of Parliament and fent into Essex to get hands to it and then present it to the Parliament again Again they declared against that Petition but intended to be presented them from the Army without hearing them plead for themselves wherein they desired nothing but the auditing of their Accounts their Debenters to bee cast up Communicated to the Army at the Rendevous nigh Royston some satisfaction for Arrears in hand security for the rest and an Act of Indempnity not as their Votes import where they say that an Act of Indempnity shall be made for the wrongs oppressions misdemeanours c. of the Army for if the Armies defence of the Parliaments Cause have relation to any such Acts the Kingdome may thank the Parliament and require satisfaction from them for puting swords in their hands but or things done in the just prosecution of theirs and the kingdomes service also provision to be made for the reliefe of the widdowes and children of those sluine in the States service and for marmed souldiers yea they were so exceeding imperious and high in this particular as if they had been absolute Monarchs and intended no less then the utter ruin overthrow of this so gallant powerfull an Army for providing for their own securities defending the peoples Liberties and Priviledges against their predominant incroachments Moreover because you would have the Kingdome take notice that the reason of their burdens and oppressions is because the Army will not disband if they had disbanded at that time and upon those tearmes whilest persisting in their just Petition how deplorable the Kings Kingdoms and their State had been the shallowest capacity can easily determine Had they not been given over to the arbitrary mercilesse power of their malicious adversaries the impeached Members whose designes on the Army and Kingdome were immediately effected after the dissipation of this Army Was not this the opening of a faire gap thereunto Would not the Authours of that illegall Declaration have seized on the persons of every one in the Army after disbanding where ever they found them and have hanged them up one by one the just desert of the States enemies as that unjust Declaration would make them Doth not their Covenant bind them to this the Army being as before declared enemies and if they should attempt to plead for themselves there is no way left they are declared obstructers of the reliefe of Ireland notwithstanding his Excellency was then ordering a party for that service upon the Parliaments owne tearmes and enemies to the peace of the Kingdome though from the beginning the Army freely adventured their lives for to obtaine a safe peace for it yea and that Declaration remaine and still would have been uncancelled on Record had not they with the blessing of God prevented it and who once durst speak a word in their behalf or expostulate the case for them Object But happily you will object that the Parliament did proffer the Army an Act of Indempnity by which they were secured from that Declaration that it could lay no hold on them Answ 1. To this I answer first That Act of indempnity was onely for the wrongs oppressions and misdemeanours c. committed by the Army in tempore loco Belli in time and place of Warre whereof as I said before they were not guilty unlesse the sincere prosecution of their service be wrong oppression misdemeanour c. and therefore that Act cannot secure them from this Declaration 2. Againe the Army Petition and their persisting in the presentation thereof was not in the time of warre but after the dissolution and dissipation of the Kings party and reducing his Garrisons therefore that Act of Indempnity which was onely intended for things done in tempore loco belli in time and place of Warre cannot secure them from that Declaration for persisting in their Petition which was done neque in tempore neâ— loco belli neither in time or place of Warre but in times of Peace Therefore I say these things well considered in a judicious brest there is but little sound reason that I know of why the Kingdom should either imagine the Armies not disbanding is the cause of their burdens and pressure or the Army should disband on such slight and unsafe termes especially the Parliaments own principle viz. that obedience binds not men to cut their own throates giving them sufficient encouragement to make better tearmes for themselves the King and Kingdom And now I shall proceed to the next thing laid down by you which is briefly this That the Parliament have judged the forces raised by the King were to invade the peoples rights and liberties and the just power and rights of this Kingdome in Parliament and did publish the same in their Declarations and thereupon did raise both this and severall other Armies to oppose and resist those forces but say you how these Declarations give them a right to judge what these liberties just power or rights are either of the Parliament or people is I think past all humane understanding to conceive neither the lawes of God nor the lawes of the Kingdom having made them Judges nor having put any of the weights or measures of Justice in the behalfe of others into their hands It is not denyed but the Parliament did judge as by right to them it belonged that the forces raised by the King were to invade the liberties of the people and that they published the same in their Declarations and raised both this and severall other Armies for the prevention thereof and preservation of the people But here againe is the Army misapprehended by you and taken up before they are downe they go not about to draw any conclusion of that nature nor can you have any grounds for such slight surmises from their expressions or actions as to the matter of being Judges of liberty and freedome from the Parliaments Declarations although that in it selfe be a case dubious and therefore disputable enough for if they must not know and consequently judge of liberty and freedome how must or dare they fight which you well approve of for them unlesse they fight for they know not what or make use of an implicite faith and believe all the Parliament say to be true as men infallible which to the understanding of any reasonable capacity is but a rotten trayle and unsound foundation for them to build on but the Parliament themselves have judged of their owne priviledges and the liberties of the whole Kingdome and have severall times declared what they are and that when the people are grieved or opprest they should immediately repaire to them by way of Petition and redresse should be forthwith granted this is one of the greatest priviledges of the free people of this Kingdome have
well-grounded purposes and principles of the Army and what those late proceedings of theirs should be whereat you take occasion to with-draw your first love I am altogether ignorant of unlesse because the Army are by divine power contriving how righteousnesse and peace might kisse each other justice and judgement run downe our streets like a mighty streame and for your studying to serve the Army according to your place and ability and not persisting therein whilst they in the whole progresse of this late businesse have not in the least desired ought but what the Parliament in their many Declarations have faithfully promised I wish they had been as really performed then our troubles had ceased might be sufficient cause of sorrow and sadnesse unto you And to speake in justification of their very adversaries in this one respect I dare boldly affirme it the Army have received more civill usage curteous respect and affectionate expressions of love from them then from many of the neare pretended friends of the Parliaments Cause and this not out of any hopes they have that the Army should effect that at last which at first they opposed and the other partie stood for or that they looke for any curtesie or favour from them more then what in conscience and equity they are bound to allow them but meerly from the observation of their good ends whereof many are convinced civill deportments and honourable performances of Articles and Covenants which merits no lesse then cordiall affection from very Enemies But now you say all your glorying in them is turned into shame and your prayers and praises to God for them into mourning and astonishment I had rather heare this were for the fore-cited reason to wit your strange revolting from the Kingdomes cause then that you seem to mention viz. to see that under the generall notions and colours of Gods glory and good intentions to the Liberties and peace of the people of this Nation the late actions and practices of the Army in disobeying and opposing the Parliament if persisted in will appeare to be contrary to the Lawes of God and the Kingdome and to their duty trust and ingagement to the Parliament of England c. I am sorry the eye of your judgement is so much obscured and you so much mistaken in the affaires and proceedings of the Army Doth it derogate more from Gods glory when the Army present their humble desires to the Parliament by way of Petition then it did when they freely powred forth their blood against the stubborne Adversaries of our Tranquillity and Freedome Are the good intents of the Generall to the Liberties and peace of this Nation lesse good because he hath gained them vi Armis from the irreconcileable enemies thereof and now desire the enjoyment of them for the Nation from those who arbitrarily and unjustly detaine them Is it more disobedience or opposition in the Army to demand the price of their blood even their hardly gotten Liberties of the Parliament then it was in the Parliament at first to raise warre against the King The Army might say to the Parliament in relation to their late proceedings as they said to the King at the beginning of this unhappie fraction It is a levying of warre against the King when it is against his Lawes and Authorities Book Dccl. part 1. pag. 276 where by the Statute of 25. â—â—d 3. though it be not immediately against his Person and the levying of force against his personall commands though accompanied with his presence if it be not against his Lawes and Authority but in maintenance thereof is not levying warre against the King but for him c. So and no otherwise it is disobedience and opposition against the Parliament when it is against their Lawes and Authorities though it be not immediately against their persons and disobedience and opposition to their personall commands though accompanied with their presence if it be not against their Lawes and Authorities but in maintenance thereof is not disobedience and opposition to the Parliament but the defence of the Parliament and their due Priviledges In the judgement of any ingenuous man that which you call disobedience and opposition in the Army is no more then what the King called Rebellion in the Parliament and their actions then will appeare as contrary to the Lawes of God and the Kingdome and to their duty trust and ingagement to the King and Kingdome of England as the present progressions of the Army will to the Parliament of England for it is evident to all the world that the Army are guided by the very selfe-same principles now that the Parliament were grounded on at the beginning of this unhappy distraction Novemb. 2. 1646. Declar. 1 parâ— 696 page 150. observe but their owne expression That obedience binds not men to cut their owne throats c. had the Army obeyed the groundlesse personall Commands of the Parliament how unhappie had both themselves and the whole Kingdom been The Parliament at first alarumed the whole Kingdom crying Arme arme arme with beating of Drums and soundings of Trumpets the sad precursors of insuing War and woe assuring the people the King and his Counsell then intended to destroy their Religion subvert their Lawes enslave themselves c. Whereupon the people suddenly set themselves in a defensive Martiall posture for the Parliament against the King and both parties resolved and to that purpose declared to stand by each other in safe-guarding their Freedoms immunities the justest cause of any War whereupon an Army was immeadiatly sent forth who took upon them to restore or lose their lives the peoples Freedoms this being done and liberty purchased with the effusion of bloud were it not perjury and perfidiousnesse in the Army to suffer some Members of Parliament after all this to inthrall the people and undo themselves Which was evident enough they would have done had they power answerable to their malice as appears by Sir Philip Stapleton who was heard to report when the Army but intended to Petition for their dues That it was come to that passe that either the Army must down or They meaning himself and his corrupt Rivals must downe And if the Armies refusing to forfeit for ever their own and the Kingdoms freedomes and surrender it though earned with the invaluable price of their dearest bloud to an inconsiderable party of Arbitrary merciless men in both or either House of Parliament be disobedience and opposition as you terme it to the whole then how will you define obedience Do you imagine the Parliament cannot oppresse And if they do must not ease be petitioned for but for so doing the Petitioners must be accounted disobedient and opposers Parliaments were called for the benefit and not dis-ease of the people There are severall things Four causes of a Parliaments being which are chiefly the considerable Causes of a Parliaments Being 1 The out-cries of a free people inslaved to their
out their blood for their rights or the Parliaments Commission did invest them with power to regulate the affaires of the Kingdome and consequently in case of visible necessity to raise and maintaine an Army in otder thereunto If the Parliament declare against the Army for the just prosecution and performance of their owne Orders and Ordinances they doe as immediately and directly declare against themselves yea by striveing to condemne and overthrow the Army they doe but dig a pit or lay a snare as David saith for themselves to fall into For if the Parliaments Declarations and Ordinances by themselves framed and composed in order to the raising and maintaining of a force and granting them a Commission were not according to Law which most men confesse they were then the Army were culpapble and responsible to another Parliament if any should be after the dissolution of this for obeying the Votes and directions of this yea and this Parliament themselves could not be free from severe examination in this particular But if the Parliaments Declarations and Ordinances in relation to the levying of an Army were firmely grounded on Law and Reason as undoubtedly they were and so kept and precisely observed by the Army if the Authours of them viz. the Parliament should begin and persist in the unjust violation of them who is fault-worthy the Army that keepeth them or the Parliament who infringe them If the Parliament command injustice shall not they be responsible for it when the Army who did but execute their commands escape Scot-free Shall the instrument be broken and the hand that made and used it be discharged from the fact Doth the Army crave anie thing but what the Parliament have often promised the Law warrants your selfe with the rest of your friends I hope the Armies friends too would willingly and gratefully partake of If they doe then what is it If they do not then why are they so much blamed When the warre was hot in the Kingdome which and for which blessed for ever be our God is now asswaged and mitigated by the fidelity valour and unanimity of this Army under the wise conduct of puissant Fairfax the onely instruments in Gods hands to period our dismall distractions they never troubled the Parliament or themselves with things of this concernment but quietly and patiently as led thereunto by the very hand of providence obeyed all commands tending to publike safety and freely underwent the saddest exigences of a fiery Warre and when none els were honoured with the like victories they indured without grudging or repineing the test and brunt thereof and never molested the Parliament with one scrip or line as other Armies did and at that time well enough resented too which might impede them in their publike and ponderous negotiations yea they freely subjected and exposed themselves to the mercilesse extremities of wind and weather hunger nakednesse the dis-favour and hate of divers of their best friends and what not But alas we are now againe in peace and these mercies are utterly forgotten Besides other Armies before this did severall times plead and petition as Armies not so much necessitated thereunto as this Army is and it was well accepted and requited with plausible answers of satisfaction in their just demands yet this Army if they but offer to petition as an Army is so ill resented that they shall immediately without being heard for themselves be declared enemies c. Had they but unworthily committed those outragious incivilities and offered such affronts and indignities to the two Houses of Parliament as the London Faction the best friends to the impeached Members did I dare affirme the City and whole Kingdome had been flameing about their eares ere this day but this is not so considerable a crime in them nay no crime at all as some peremptorily report because they were no Army had they but a Commission then this were a fault in them but as the case stands now it is none Had not our Brethren the Scots not to deprive them of their dues which they deserved all that they desired or demanded as an Army Pax quaeritur Bellc L.G. Crumwells Motto But now tempora mutantur nos mutamur in illis this Army must not desire those things as an Army which other Armies with much facility have obtained and all the reason I know for it is because peace is extracted from warre by the prodigall effusion of the precious blood of divers in this Army In the next place you say for their affirming they are not a mercenarie Army you will not spend time to dispute it and in my judgement you have taken the wisest course unlesse you be so good a Sophister as to make truth appeare falshood and falshood truth which is something difficult in the apprehension of any honest man Yet say you every one sees they insist much on their wages and good reason they should when so many of them have spent the prime and flower of their yeares in the service of the Kingdome divers of them being men of trades and callings and have charges of families who depend wholly upon their honest endeavours and were able sufficiently to maintaine them before this warre and now have no subsistence or livelihood whereby to relieve themselves or families but that small pittance of pay they seldome yet sometimes receive from the State who called them from their functions to publike imployments Others there be who though they have sufficient estates yet some of them have been wholly sequestred in those parts of the Kingdome where the King had any Garrisons or parties to command them And the rest by reason of the unsupportable taxes of the Kingdome had little or no benefit by them yea I have known some that have served the Parliament faithfully and valiantly who have been worse dealt with in their estates then Papists and others who were in actuall service against them And now tell me if the Parliament are not bound to give the labourer his deserved hire and this Army have not sufficient cause to insist on their wages I am very confident that if the Parliament had but allowed them what was promised and for the use levied in the Kingdome you nor they should have heard one word more of them in relation to that particular And for that Scripture you alledge in the 3. of Luke 14. that Souldiers should be content with their wages the Army have been in the whole progresse of this warre so farre from grudging repineing or being discontent with their wages that they have been very well content without it even to the admiration of all the Countreyes they have marched thorow and for ought they or I can perceive are like so to continue yet a while The Kingdome are sensible enough of nineteen millions of money some say 73000000. that hath been with more then ordinary hast and in little time extracted from them and if any part of it be transported beyond Seas
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
Judges time place for Judgment but those Judges were overpowred by the dangerous distilling influences of the maliguant impeached Members as appeares by the former passages and the Parliaments Order which Members since they were removed how peaceably have the Parliament England's Judges and their Army concurred notwithstanding there are yet some though not so powerfull as the former left amongst them I hope they will not be suffered to continue long who would hinder the concord betwixt both parties and retard the Parliament from executing justice and judgment and answering the Army in their faire and profitable demands for the Kingdome and themselves But now to the next clause which is this The danger being eminent and their ill intention evident the Law of Nature doth teach and justifie opposition to the unjust and tyrannous power of Superiours It is apparent that the former proceedings of the Parliament by the perswasion of the accused Members were eminently and evidently dangerous and evill to the Army to the hazard of their estates who had any losse of their due arreares and forfeiture of their liberties if not their very lives therefore I will not stand to aggravate the businesse now it not agreeing with my nature and work to use tautologies or inlarge my selfe by the needlesse multiplication of words which is condemned for vanity The next thing you lay down thus But it is no ground for a rule where a judgment may be had or expected as now in the case betwixt the Parliament and Army This will stand you in as little stead as the rest For since those pernicious spirits who compasse Sea and Land to make a proselyte have been separated from the Parliament there hath been no need of a judgment for both Parliament and Army do admirably agree without any apparent dangerous clashing or opposition at all Prov. 29.2 When the righteous are in Authority the people rejoyce but when the wicked beare the rule the people mourne In the next place you say These instances might have beene more colourably to the point if the Parliament had drawne out Forces against the Army to have cut them off then notwithstanding the obedience they owe to the Parliament they might possible have defended themselves against such Force There be many things in this assertion that would have particular and distinct answers but I shall reply to your assumption in generall thus That a piece of Ordinance is made for defence as well as a Target and it is as lawfull for the people of England to invade the Countries of those who would surprize theirs as to fight with them when they are landed and it is as good policy to prepare for an enemy though but darkly discovered as to fight with them upon never so great advantage when they are nigher hand And though the Parliament did not draw out Forces against the Army yet some false Members of Parliament not to wrong the innocent endeavoured not onely to raise Forces contrary to the Law of this Kingdom but also to draw those that were designed for the reliefe of helpless Ireland an employment more warrantable then the other to a Randevoux at Reading which place most men know is not the way from Bristol Chester and other parts nigh the Sea Coasts into Ireland And what other designe they could have in it but to engage them in a new warre against the Parliament and Army is utterly beyond my capacity to apprehend or conceive For what followeth in this part of your Examination I shall forbeare to trouble the Reader or my self with it as being invalid and impertinent to the work in hand In the next place you say For the last thing alleaged That the Armies proceedings may be justified when against injustice unrighteousnesse and miscarriage in Government If that were granted and the Parliament were guilty in all which I am most confident can never be made good by cleare instances that they are guilty of any course of injustice or unrighteousnesse though all the World and the accuser of the Brethren to helpe should set about it yet that would not come up to justification of the Army because God hath not made them Judges for the people of the Kingdome either of justice or injustice right or wrong Some part of this which is bounded with a parenthesis is spoken in a furious passion as if it were impossible for the Parliament to erre I am therefore regardlesse of giving any answer unto it the * Prov. 26.4 wiseman exhorting me thereunto But then for the next thing it is not my purpose neither was it in the whole or any part of this discourse to taxe the whole Assembly of Parliament for that I well enough know there are many Members in that Body very sound and faithful who have to their powers withstood all proceedings of injustice unrighteousnesse and miscarriage in Government yet let me tell you it is apparent enough to the whole Kingdome that there have bin such proceedings to the almost overthrow of State Kingdom and where injustice unrighteousnesse miscarriage in Government should be acted but in that Court I know not For all other Courts in the Kingdome are strictly limited and bounded and over seen by the Parliament and People therefore cannot exceed those Rules that particularly relate to them which are set down by the consent of Parliament every other Court acting proceeding in and prosecuting severall things and at severall times and places But the High Court of Parliament are Supreame and have the hearing deciding and doing of all things in the Kingdome whether determinable or not determinable in other inferiour Courts Then you say That though this were granted which undoubtedly must according to what I said before yet that would not come up to Justification of the Army because God hath not made them Judges for the people of the Kingdome neither of justice nor injustice right or wrong I have before made it appeare that the Army by their Commission which clearely justifies them for so doing are bound to oppose injustice and wrong in the Parliament as well as in the King or any other where they find it the Parliaments own Declarations and the Lawes of Nature leading them thereunto And as to the point of Gods making them Judges we are to consider 1 That Judges are made by God either immediately and without the use of any meanes or instruments and then he calls them by speaking if I may use the Scripture phrase to themselves particularly and accommodating them with his spirit for such employments as he did Ioshuah Othiniel Ehud and others or by giving his Ministers and other particular men notice thereof is he did to Samuel of Saul and appointing him to anoint Saul and for that purpose giving Saul a spirit of prophecie but these are not Gods usuall wayes now nor can we instance in one that hath been so appointed or ordained 2 Or secondly God useth meanes and instruments in the
creation and constitution of Judges and other Officers of a Republique which meanes are 1 Ordinary and that must be either 1 A Succession by Birth and Generation and so the Lord Mayor of London's Son must be Lord Mayor when his Father is dead 2 Or it must by the generall consent advise and knowledge of the people and thus the major part of the Parliament are lawfully chosen 2 Or secondly God useth extraor linary meanes and instruments as when Warre is in a Kingdome the certaine token of succeeding sorrow Armies are raised to decide the controversie with their Swords betwixt both each party being assured of his own just cause and both wayting with a doubting confidence on which side the hovering Victory will resolve to pitch her Trophees And thus this Army was raised not so much to judge but under the considerations formerly mentioned though you vainly imagine by that meanes to brand them as to execute the just Judgments and Commandes of the Parliament Englands chiefe Pretors And this the Army in cases of necessity may do being called thereunto by the very same power the Parliament were as is formerly instanced injustice unrighteousnesse miscarriages in Government leading them and the providence of God guiding them by putting seasons and oportunities into their hands thereunto Also the manner of their being Judges if they must needes be so considered doth somwhat constraine them to their present actions which is no otherwise then thus they believe and say that those things which are just and equitable and tending to the Kingdomes weale and so judged and deemed upon serious deliberate debate by the Parliament are really and truly so And thereupon they resolved to execute those things so ordered acted and judged by the Parliament or to be executed themselves which resolution I hope for the Kingdomes and their own safety they will still continue which without any imposibilities they may do whilst proceeding upon those sound principles And herein they do no more then the rules of nature and reason to which I am sure the Lawes of England are or ought to be reduced do allow for Lex spectat naturae ordinem 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