THE ARMY Brought to the bar, Legally Examined, Arraigned, Convicted and Adjudged. THAT They are not the Self-denying Army, nor the Restorers of our Laws, Liberties, and privileges, but obstructors to the happiness of the King and People. James 3. 13, 14. Who is a wise man, and endued with knowledge amongst you? let him show out of a good conversation his works with meekness of wisdom. But if ye have bitter envying and strife in your hearts, glory not, and lie not against the truth. Printed in the year, 1647. THE ARMY Brought to the Bar. IT hath been for these six years' space and more, the complaints of divers of the inhabitants of this Kingdom, concerning the slavish servitude they endured under the King and his Cavaliers; and there be others who complain of the servile bondage they groaned under by the Parliament and their Committees, but now 'tis justly to be feared, that there is a yoke of servitude far worse than the two former, preparing to be put upon the necks of all Englishmen, by an overruling Independent Army, who have assumed so much boldness and audacity (having the power in their own hands) to control the Parliament, City, and whole kingdom, merely to drive on their own interests and designs. And our servitude is like to be very miserable, if three things be considered. 1 The condition and nature of the servitude: 'Tis a martial servitude, the worst of all: what will not the sword in the hands of such an ignorant multitude do? our estates, lives, fortunes, liberties, and Religion, will prostrate themselves at the glittering of a naked sword, all shall be within the reach of a swords point, to be disposed of according to their pleasures and commands. 2 The qualifications wherewith the persons are endowed who must rule us: Namely the Armies Agitators, men of transcending knowledge and judgement, especially one of them, of whom (by one that knows him) I am credibly informed, can neither write nor read. If we were to be governed by men found in judgement, and experienced in the Laws of the Land, we might expect a milder servitude, but from them we must expect according to education, for as their breeding is, so is their disposition, we cannot expect a gentle usage from men of rude education, but if these and such as they be men rightly qualified to give rules and Laws to a Parliament and Kingdom, than I leave it all indifferent men to judge, than this proverb shall be verified, Sus Mivervam docet: idiots shall teach the learned, and men scarce fit to be subject, shall become our Rulers: But yet let the Agitators and the rest of the Counsellors, remember this, that Malum concilium consultori pessimum. 3 The third thing which will cause our servitude to be very miserable if it happens, (which I pray God I may never live to see) will be the strangeness and unwontedness of it: we were before happily governed by our King (Charles our dread Lord and sacred Sovereign, (whose days God prolong,) but now we shall be miserably governed by many Tyrants, who would fain be Rulers and Magistrates, yet can scarce tell how to be men. We were before governed and ruled by Monarchy, we shall now be governed by Democracy, how will our English necks be accustomed to such unwonted and uneasy yokes, surely we must needs kick and winch, which if we do, let them set fast (being good-horse-men because soldiers) lest they be cast out of the saddle to the ground. Quest. But some may say (and I do verily believe many merely upon that ground cleave to them) that they have been the only Instruments under God, of our preservation and safety, and therefore their proceedings now may be warrantable. Answ. 'Tis true, they have done very nobly (through God) in what they undertook, yet one good act committed cannot be a veil to hide all other offences: shall a villain be pardoned for murder, because he hath done some worthy deeds before, God forbid? shall a man for some brave exploit before performed be so far exempted as to escape punishment, if he be guilty of a crime, No: the more Noble and brave their former proceedings were; makes their present undertakings seem more horrible, for Nullius viri species vehementiùs accessit, quàm quae ab initio habuit dulcedinem: No Wine becomes more sour than that which was at first the sweetest: so they, so long as they obeyed, and honoured the Commands of the Parliament, they were most notably victorious and successful in all their erterprises, and none did better, but now having revolted, and become like sweet wine turned to vinegar, & doing things, neither warrantable by Law nor Reason, in this none did worse. Quest. But again, some may say, there is no fear of any oppression, or servitude, when as all their Declarations, Proclamations; and Letters do signify that they intend, nay, protest they will endeavour to preserve the prerogative and honour of the King, to uphold the privilege of Parliament, to maintain the Liberty of the Subject, to establish a true and sound Religion, and to settle a firm and lasting peace in this kingdom, and therefore before all these be established, 'tis not necessary they should disband. Answ. 'Tis true, it cannot be denied, that all their Declarations, Remonstrances do signify, they do really intend, or at least pretend all these, and first they will endeavour to preserve the honour and prerogative of the King, and to settle him in peace and happiness in this throne, which they will very hardly do, for the very tenants, and principles of an independent run cross, and quite blank against King and Monarchy. Now if such as go quite contrary to me, may be said to go along with me, and if he be accounted my advancer, who endeavours to pull me down, then will I believe that an independent will preserve a King, but again, if example may strengthen belief in this particular, than this of Major Scot by name, (an independent by Religion, a Villain by his actions) is most remarkable, who (if fame hath not forgot to tell truth) being asked by Colonel Brown, whether he were come to kiss his majesty's hand, made answer, he had rather follow him to the Gallows; O monstrum horrendum, inform, ingens, cui lumen ademptum: Now, if this man's opinion being an independent may go for the rest, (man did I call him, more fit to be termed a devil) I say if the rest agree with him in opinion, being of one and the same Religion, then 'tis plainly seen which way their hearts, and resolutions tend, although their Declarations (to delude the World) seem and pretend to go quite contrary; this is that Sect, who being employed as a Factor by the Clothiers of Barfould in Suffolk, runs away at one time with the value of 1500 pounds worth of cloth (as I am credibly informed.) I omit to recount many more (as that daring affront offered by Cornet Joyce) in removing his Majesty from Holdenby, contrary to the pleasure of both Houses, and his own royal assent. I omit that of Crumwel, who (when his Majesty refused to sign a paper given him, by him) answered his Majesty, that he had as good he had: yet in passing by these, and many more his royal Majesty hath showed an incredible patience, yet though the Lion sleeps, he is not dead, but keeps a Catalogue of all in his sacred breast, and will repay all with much use upon the backs of some, although he be now their prisoner, if such as these preserve the Prerogative of the King, then say men go upon their heads, when they go upon their feet, and you may as well,— 2 Their Declarations profess to uphold the privileges of the Parliament, but I beseech you tell me who are less upholders, nay, who are greater dissolvers of the Parliament, and confounders of the privileges thereof, than themselves? which is manifestly evident by several particulars. First, What was the impeaching the eleven Members upon a mere bare pretence of some great thing laid to their charge, when nothing could be proved against them, No, 'twas merely their policy (under a pretence of frivolous slanders and reproaches) to draw them out of the House, and to rob them of their birthright given them by their country) whereby (by their absence) their own party might be the more prevalent to carry on their own designs, and upon this bare pretence they must be forthwith suspended the House, although by the said house they were fully cleared, yet for modesty sake (a thing very commendable in them) they upon their own desire (and to satisfy the humour of the Army) absented themselves from setting in the House, and yet for all this some of them are threatened, some ●ought for, and some scandalous hue and cries sent after in a reproachful way, some taken, and others searched, as Sir William Waller, who had leave (with the rest) and passes from the Speaker, to go beyond sea, or any other place whether they please. Now I would fain know by what authority they do these things, they could not have their authority from the Parliament (they having the Speakers pass to go at their pleasure,) 'Tis well known they had their authority from themselves, and the root and ground of all this malice, and calumny, and envy against them, is because they were not friends to their proceedings as they desired, and yet their charge is not yet brought in (because they pretend first to settle the more important affairs of the kingdom, which if it be not brought in before the Kingdom is settled by them, the eleven Members shall never need to be afraid of their trial, and again, was it not an encroaching upon the privileges of Parliament, to set them a certain day, nay, a prefixed hour of the day, by which time they should send them an answer to their demands (though unreasonable) or else they would do so and so, march with their Army towards London, What was the result of the Agitators of the Army, when they voted all them to be suspended the House, and to sit there no more, or to sit at their peril: who sat in Parl. when the Speaker & the rest fled to them? was not this a great diminution to the privileges of Parl. but pray why are those that set then thus censured, because they did not (contrary to their consciences) desert the house, and their trust, and come to them, I pray assure me you that know the Laws of this Land (of which I confess myself to be wholly ignorant) who have been the faithfullest Patriots, those that sat, or those that deserted the house, I know you will say those that sat, and maintained their trust against all opposition whatsoever; however if it be their fortune (I cannot say ill fortune) to be driven from the house (though contrary to their privileges) by the power of the Army, yet they will have many companions, and foelice est miseris socios habuisse doloris, yet if it so come to pass, yet confident I am, that the time will come again, when they shall set to do their country service, and shall enjoy (in spite of such an overruling Army) all their former privileges and Honour, and shall at last be accounted the best lovers of Peace, and their country. I admire what blood ran then in our Nobles veins, when they so deserted the Parliament, was all the royal blood which was wont to run in our English Nobles veins then lost, by my consent, if they commit the like act again, they shall forfeit both their honour and dignity, if such as these (I mean not the Lords) be the upholders of Parliaments, they are like to have good householders, and if such acts as these be upholding, the privileges of Parliament, I say no more but, o tempora! O mores! 3 Their Declarations (I confess) demonstrate how that they will endeavour to maintain the Liberty of the Subject, which is a thing they as little intend as the former, else what means their oppressing the Countries by their daily needless Quarters (though it be not denied, they carry themselves very orderly where they come, 'tis true and 'tis policy so to do, for thereby they make their actions more plausible, and their ruling longer-lived than it would of itself be, for if they should carry themselves any way unbeseeming, all would vie with one hand and arm to subdue them; the fetching home of the King, and settling him in his Throne (which I know they never intended) they declare to the world to increase their number (many following the King as a Loadstone) and to colour and varnish their unjust and unheard of proceedings, they are Politicians and will prove the better Statesmen: and they have already a little learned to dissemble, because they would verify that ancient proverb, Nescit imperare, qui nescit dissimulare, witness else Cromwell (who being a member of the Honourable house of Commons) (which place by his forementioned unheard of authority, hath long since unjustly forfeited) I say Cromwell in the house declared that if the houses would but send the very shadow of their Commands to them for to lay down their arms, they would readily obey, and lay them down at the House of Commons door, and ●ow they have verified this saying upon the Houses command for their disbanding, sent to Bury, and several commands sent them since. Let the world judge &c. And again, if they maintain the Liberty of the Subject, what do they mean when they force the House (contrary to the dictates of their own consciences) to recall and revoke their Votes, passed in a free, and full house; and all this because it doth not please the palate of the sweet toothed Army, (as I may justly term it) these be them that in all their Propositions, and Remonstrances, speak for a free Parliament, and yet none so much doth force the Parliament as themselves. But we may see light through the least crevice. I would fain know what confidence, and trust, the subjects of England can repose upon any Vote the Houses passes concerning them, when as their votes are beat back again (as I may say▪) by the sword into their own mouths, or if they come forth, they are not obeyed by a lawless, and overruling multitude: what fruits, and enjoyements, can the subject have of this Parliament, when as their votes are made void, and nulled (though contrary to humave reason, and their own privileges) yet by the threatning power of an Independent Army. And by this their actions, they not only hinder the free course of the Parliament, but they cause the people to loath Parliaments as long as this generation lasteth, and if the Parliament shall vote what they desire our of fear, or condicend what they propound out of love; what English man will ever again honour a Parliament? Furthermore, I desire to know what security, and hopes these subjects can have who are lenders of the public Faith, for their money so lent, when as their greatest securities, the Excise, and Bishops lands, and many other lies under the command of the sword of a revolting Army. I wonder what liberty the Citizens can expect, when Sir Thomas is the merchant's cashkeeper, and the tradsmens' shopkeeper. (pray God he gives a good account) He commands all, the Tower key is the picklock key, whereby he may enter every man's house at his pleasure. I wonder what privilege the Apprentices will reap by their freedoms, when as every tag, rag, shagd soldier will be free of any trade in the City, by the army's copyhold. Is the Liberty of the subject, and the freedom of the City like thus to be maintained? Judge all reasonable men, to reason it is impossible, that that which is deliberately enacted by the Parliament can be of force, when it is repealed again by violence. 4 Their Declarations, &c. Presents to the view of the world another false glass, which is, that they will to their utmost endeavours procure to settle a firm, and lasting Peace in this kingdom. I believe they they will use their utmost endeavours, and do (but what to do?) to procure all into their own clurches, not to settle Peace and unity: which if they do, let their military preparations speak, their daily listings of men, there fetching arms and Ammunition from the Tower of London, the taking of Tilbury Blockhouses in Essex, and their possessing themselves of many strong Holds in this kingdom, the placing colonel Liburne governor of Newcastle, and yet for all that, the City, nor kingdom must not raise a man for their own defence, for fear of involving this kingdom in a second war. What means such acts as these? be such preparations for war as these, settlers of a happy Peace in England? O reason, speak the truth! Fools do you determine? Can he which comes thrusting with a naked sword at my breast, be termed the saver of my life? Reason says no, and the same reason tells me, that their present proceedings truly considered, shall not (neither ever can) settle Peace in the land. But if they intend to settle Peace, for what purpose do they surround and encompass London, (Londoners look about you) and their having the commands of some Forts thereof, is it to confirm Peace? believe it, they that strive to settle Peace by the sword, distract it; however if all these be the Mother of Peace, I fear the child will be still-born, or if it see the light, it will not live long, but will die before the mother rises up, or to speak plain, before the Armies lays down. But if it prove contrary to expectation, and reason) that these their actions produce Peace, it is a way newly found out, which our statesmen never knew: but they are Politians, and Policy is but a circumstantial dissembling, pretending one thing, intending another; 'tis like to prove such a Policy; I fear their hearts do turn tongues, to give their tongues the lie in this particular. 5. Lastly, their Declarations profess that they will be establishers of true Religion in its purity. If they be the guardians and establishers of our Religion, Actum est de nostra Religione, you may shake hands with true Religion; if they settle true Religion, it will be the clean contrary way, and under pretence of allowance to tender consciences, which they desire) all schisms, Sects, and dangerous. Opinions will (rush in; that gap is so wide that many other Opinions destructive to the Common-waalth will rush in unavoidably. Though I confess in things merely indifferent, and no ways prejudicial to the commonwealth, a respect is necessary to be had to tender Consciences, but in things of great concernment (the word of God not sincerely construed) is to bear more sway than a tender Conscience, for if a religion or any thing else seizes a man's genius, he will fly to the Altar of a tender Conscience, though he hath not a tender Conscience, or rather none at all, I say he will make Conscience the shelter, and refuge for his villainies, but in any thing which the word of God distinctly commands, and reason, and experience, and examples confirms, in my opinion we must not control, nor disobey it, under pretence, or colour of a tender Conscience. I pray God such ranging soldiers (used hereunto) do not open this gap to let in all manner of four footed beasts, and two legged Monsters as themselves to graze in the flourishing field of our true Religion. But if such actors, and acts such these be the preservers of the Prerogative of the King, the upholders of the privileges of Parliament, the maintainers of the liberty of the subject, the setlers of a lasting Peace, the Establishers of true Religion, I shall desire to use but one clause of the litany before it bids adieu to us, and gives it Vltimum vale to the world. which is, from such Preservers, upholders, Maintainers, Setlers, and Establishers, good Lord deliver us. But rule they will, for in reference to some Petitions presented to them, they say, this, and this is the sense of the Army, whereby they make their sense the supreme law of the Land. And the unreasonableness of their proceedings is seen in two things. 1. In this, the tumult of the Apprentices on the 26. of July, forcing the Parliament to unvote, what they had formerly voted, and disturbing and affronting the members of both Houses (which truly I do not allow) must be by them termed a breach of the Parliaments privileges, and the contrivers and abettors thereof must be proceeded against according to law, and justice, and themselves (though gum 〈…〉 y of the same crime) are scot free, and escape unpunished, and escape unpunished, not because they have not merited any, but because the sword says nay, they shall not suffer. 1 Now take a review of both their acts, the Apprentices came ('tis true) in their persons, and compelled the Members of Parliament to revoke what had been before voted upon the desire of the Army. But Vollitur causa desinet effectus, there is never no effect without a cause; if the Army had not first (by their unjust desires) compelled the Parliament by their Votes to alter the old Militia, the Apprentices had never came in such a tumultuous manner to force them (in the same kind) to revoke that which before upon the Armies unheard of demands had been passed; so that if the Army had not first piped, and led the way, the Apprentices would never have danced after them, for they fierce knew the way to Westminster, so that the Army was the only cause of that mutiny. 2. The Army they ('tis confessed) came not in their own persons, but they sent their power, and command (as their subordinate deputy) to them, and forced them to revoke, and call in their Declaration wherein they were proclaimed traitors (yet they will be traitors upon record) or if they did not, they would do so, and so, thus, and thus, and march with their whole Army up to London, as if they would compel them by their presence. Now the state of the cause stands thus, whether a deputy sent from a Ruler, or an ambassador sent from a Prince, be not as effectual, and of as much force as the Prince, or Ruler in person, if so, than the Army are as deep in that crime (nay deeper) than the Apprentices, seeing they can command as much by their deputyes, as others can do by appearing in person; however it stands with reason, that what is not allowable in the one, cannot be expedient in the other, and yet the Army is not proceeded against, but Quod defertur, non offertur. Quest. But some may say that of the Apprentices was the more unwarrantable in regard they forced the Speaker, and some of the other Members to fly from the House. 'Tis true, the substance doth work more upon man's nature then the shadow, yet being the shadow is the Image of the substance, and the Deputy represents the Image of his Lord and Master, the Army is as equal guilty of the said crime as the other, yet neither are warrantable neither by Law, nor reason, nor can ever such clashings strike good fire to the commonwealth: but how can the Speaker warrant that his absence, you say he was forced and affrighted, and was not they that stayed behind forced and affrighted as well as he and the rest, if so, how then comes it to pass that they deserted not the House as well as the other, yet for their faithfulness in cleaving close to their truth, they must be subject to the Votes of acompany of illiterate Agitators, and a council of War, and to desert the House according to their pleasure: if this be just, and to uphold, nay if it be not to break the free privileges of a Parliament, let themselves be their own judges. Again doth it become the Speaker and the rest, being placed as Magistrates in such authority, to desert the House upon a pretence of fear, and leave the kingdom in the lowest ebb, and in the greatest storm, like a ship in a tempest ready to sink, no, 'twas not fear, I believe it was a thing called a guilty conscience which made them fly. 2. There unreasonable proceedings are manifest in the manner of the Impeaching the 11 honourable Members, they did not (as those which censure aright always do) examine two things before they censure: first whether the parties censured have done good or ill: secondly whether they themselves could have done better. But they never have these considerations, but being turned by the wheel of their own in terests, never regard how men's good names are as white balls, which will infinitely get soil by tossing: but their censures against these 11 worthy Impeached Members, are like the butts of rams-horns against the walls of Jericho, they lay level all their worthy deeds at once. But for all this, the saying of a worthy writer may be fitly applied here. 〈…〉 mutatis, mutandis, ille crucem pretium sceleris tulit, hic diadema, it may be verified of them &c. Now a word to London: o London, Sero sapium Phryges, the Phrygies were wise too late; and so were you, 'tis too late (they being in) to keep Sir Thomas and his followers out, 'tis too late (when the horse is stolen) to shut the stable door, yet I dare say, and I verily believe, had the City but shown there teeth at them, they durst not have approached; and I believe there were steeled swords in the City, which would have pierced Crumwell's skin, in spite of his Iron sides, and there were sturdy mastiffs in the City, which would have baited that Bull into the Isle of Ely, from whence he came, and truly it would be a greater honour to him to turn Brewer again in that Island, and for colonel Pride to assume his profession of a brewer's clerk again in London, then in being such evil instruments of the commonwealth in the places they are for, Praest●t in●p 〈…〉 esse; quàm Impium. I would speak one word (if without offence) to the revolted Citizens within the City, and there erevolting Neighbours, S 〈…〉 and I would ask them one question, what was there intention in lying Dormant to let the Army thus subdue the City? I wonder what mercy either would have found, if the Army had come in in fury? they would all have been in the same shock of calamity; and misery; friends, and foes are both a like in the eyes of such a multitude, what honour have you achieved by selling and betraying the City (as Judas did our Saviour?) and although you have not Judas his first wages money, yet you may have his last wages, and reward, (hanging) and truly it were a thing fit in my opinion, that all those that were in this crime of revolting, should have Revolter written in all there foreheads, to there utter Infamy to all ages, and posterity●. Quest. But some say, 'tis better it is thus ended, and that they stood it not out against the Army, a great deal of precious blood is saved thereby? Answ. To that I answer, some blood (I confess) must have been spilled, how ever, 'twere better a little were lost, than all your Liberties lost, Come Citizens, Libertas dici inaestim abilis, you applied a certain remedy to a suspected disease, you feared shedding of some blood, which was but suspected, and did not fear the losing of your Liberties, which is certain; if the City had stood out in a general defence, much blood could not have been spent, for Plus virtus unita valet, vis nihill vinci Si meus null fides null sit, null manus. And if the City had but done so, term time, that Army would not have hurt it, but they might have enjoyed their ancient freedoms, and Liberties, which now they must bid adieu unto. A word to Sir Thomas and the Army under his command, Gentlemen soldiers, and Agitators; you shall scarce be warm in your honour by these proceedings; thieves of honour seldom find joy, in there purchases, (stability never) you seek honour (like Absalon) by indirect means, but you may (like him) be pulled down with a vengeance, you aspire to preferment by wrong means, being like them that ascend a pair of stairs on horseback, it is ten to one but your beasts will cast you before you reach the top of preferment; Though Caesar had not his equal, nor Pompey his superior, yet Fairefax may meet with both, and although yet no rubs cross him in his undertakings, but all things smile upon him with an auspicious reverence, yet before he attains the Throne, many lets must encounter him. There is a King, who when (like the Sun) he shall arise again in our horizon, will by his glorious beams chase away these numerous flies: I say there is a King, a Cavalier, a Bishop, a Presbyterian, a Round-head, and a true Englishman, all Antipodes to independents; therefore Fairefax hold thy hand, the beginning of thy reign shall not come in our almanacs this year; Agitators leave plotting, and counselling, it is better to desist betimes, then to be forced to it nolens, volens, A sword of Gold will command an Englishman, more than a sword of steel; Fairefax take warning, beware, and look behind to what hath been done, you sign all that is presented to you from your Agitators, and your council of war; your hand is upon record for all, your back must hear all, it will sink you if you be not strong backed; you must answer and appear for all, when Crumwell and the rest of your counsellors will pull there necks out of the collar, though as guilty as you they will set you in the Front of the battle to bear the brunt, when they thems●lves will fall back to the rear and be secure, o beware, bewise, Praestat sero, x nunquam. A word to all true noble Englishmen, be patient you who have been grinded by the King, you that have been oppressed by the Parliament, and now been slaves to this overruling revolting Army, or oppressed by any subordinate power, derived from any of these three waits, and be patient all you that have lost your goods and estates; Flebile principium melior fortunae sequata est, There will come a time when all shall enjoy there own, when King Charles is settled agai in his throw and enjoys his own, which shall be my daily prayers, and that this kingdom may flourish again with all the freedoms, liberties and happiness it formerly enjoyed, which God of his infinite mercy grant, Amen. Now soldiers (Gentlemen soldiers) I would term you if your proceedings were answerable; if you wynch, 'tis to be feared you are galled, and if I have any way incensed you, you must not stir; you are bound to the peace, your hands are tied behind you in two regards. First, you go under the notion of Saints, and Saints are not envious nor vindictive, you allow Liberty of Conscience to do and speak, therefore you cannot exempt me, and in this regard, though I thought not to have revealed my name; yet because you shall see I do not fear, my name is, Andrew, All Truth. Courteous Reader; IF in any thing in the foregoing Discourse thou hast reaped any profit, I shall think myself fully satisfied for my pains: there is nothing in it, but what is as clear as the Sun. And as my Conscience commanded me, so have I obeyed and published it, though contrary to my desire. If any thing therein displease thee, thy pardon I humbly crave, and rest Thine FINIS.