The Army's Martyr: OR A more full RELATION of the barbarous and illegal Proceed of the court-martial at WHITEHALL UPON Mr. ROBERT LOCKIER: Who was shot to death in Paul's Churchyard, upon the 27 day of April, 1649.  
And a brief Narrative of the Cause thereof.  
With his Christian carriage and deportment, and his dying SPEECHES to all his fellow-soldiers at the time of his Execution, as an everlasting witness of his integrity to the Rights and Freedoms of the COMMONWEALTH.  
WITH A PETITION Of divers well-affected persons, AND A LETTER Of Lieut. Col. Jo. Lilburn, and M. Ri. Overton, Presented To the GENERAL in his behalf.  1 KING. 2.5, 6. 
The blood of War shed in the time of Peace,  
Cries out for vengeance; or our Freedoms cease.  
Printed at London in the Year 1649.   

THE ARMY'S MARTYR, etc.  
WHereas I have been truly informed from many honest and conscientious persons of the life and death of this gallant man M. Lockier) I thought good out of that duty I own unto him, for to give a perfect and full Relation of the whole matter & cause of his death, for the full satisfaction of all persons that desire to be truly informed: And knowing that it is the duty of every man that lives in a Commonwealth to be as instrumental as he can, in discovering any thing that may be of Public concernment; And considering that it is the common practice of Machiavils to colour over their cruel and unjust actions with the vizor of some great good, or prevention of some great evil to the Nation or place where the thing was committed, the better to deceive the simple, and wellminded people; And to keep on that veil of hypocrisy which they have cast over the face of the Commonwealth that they might not question their abominable actions, both towards this poor innocent, and their juggle with the whole Nation; I have therefore taken a little pains to put forth a Narrative of the cause of this their bloody proceed against him; that people may be possessed that their holinesses may err and be guilty of as much innocent blood, if they continue in the courses they have walked in of late, as ever Queen Mary or any Tyrants before her: Thus then to the matter: on Tuesday April the 24. 1649. there came orders for the Troop to march forth of the City; and the Soldiers being unwilling to march forth without money to defray their Quarters: desired pay to put them in a capacity to pay their Quarters there, and be enabled to give satisfaction to the Country which they were to march into: which desires of theirs being not fulfilled, they went unto the four Swans where their Colours were, and secured them for the present, until they had the pay that was due to them; being invited by some of Cap. Groves Troop who had secured their colours before them: well then here was a months pay provided for them; but the Clerk affirmed that there was 11 days pay due more to them then that months, and would have laid five pound with the Quartermaster of the truth of it: But when Col. Whaley came and they disputed how much they were behind, he came down the yard and said there was but five days pay due to them: But whether this was a plot of his to cause this stir or trouble, I know not; but surely it was the trick of a knave in so doing; but to the matter; while they were in dispute about their marching away, there came a fortnight's pay out of Essex for them; and on Tuesday night there was an alarm in their quarters about some plot as they say to destroy the General and some Officers, and some papers cast abroad to that effect, a mere plot of the Grandees as is conceived the better to countenance their illegal proceed on some Citizens that night; which because the Soldiers did not march were not ashamed to put it upon them, though they never knew of it; at which time of the alarm, or as they were to go to their quarters, Captain Savage told them that they should come & receive a fortnight's pay more betimes in the morning that they might march away; whereupon they prepared for the march, some having received their moneys; but when some came for it, he told them they could not, nor should not receive it, though other Troops had, because they refused to march the day before; whereupon they kept their Colours and would not march except they were made up equal in pay with the rest of the Regiment: But yet so reasonable they were in their demands that they told Col. Whaley and M. Swallow and their Capt. that if they might have but the five days pay which they acknowledged was due to them, with an engagement from their Officers to pay them a days pay every day as they were upon the march till they were made up equal with the Regiment, and a passing by what had been done on both sides, they would march away presently; No, they should not have it because they did not march out to a Rendezvouz of the Regiment the day before to Mile-end green, although there were not many above 40 of the three Troops that marched forth and came in again; Yet at length Col. Whaley said that if their Captain should draw out six men of them and carry them before the General, they should have it: but they were unwilling that any should be taken out, seeing all had refused marching: being forced thereunto by their unjust command, in commanding them to march without their pay to satisfy their quarters: at length the General and Lieutenant General came very furiously breathing forth nothing but death to them all, being fetched and animated on by that forsworn and perjured tyrannical Knave Chillington, who can take what he please out of the Soldiers pay for to maintain him in his Domineering courses. But oh how bloody and red did Cromwell look! and the General told them that they should be hanged all, and that they did deserve to be hanged presently in the Court: whereupon a Soldier or two went down the Gallery, and desired his Execellency to hear their just desires: No, he would not hear them there; but they must march away presently to Whitehall with those Troops that came to guard them thither; there being no resistance offered on the Soldier's part, nor sword drawn, though they have reported since, there were: but Whaley drew his, and Chillington drew his to cut a Soldier, from whose back he rend his cloak. But so much do they thirst after the blood of those that shall dispute a command of theirs, whether right or wrong, all is a case to them, when it comes to diminish from their lawless wills (for it was disputed and affirmed by an Officer of the Army at the Spittle, that soldiers must obey their commands, and not question it, though it be to kill a man, or steal an horse) that to prison they must, and the next day to a Council of War, as they call it, where their most implacable & bloody enemies were their Accusers and Witnesses, if not their Judges; who, when they had sworn many things against some of them which they never did (as can sufficiently be proved by good hands) made constructions and consequences on the things done and sworn, whispering in the ears of them that sat in the Council (no question but to stir up their holy zeal against those that most opposed their ungodly practices.) Now though there were many witnesses of taking the Colours from the four Swans, and carrying them into the Bul-yard; yet none swore, or at least could swear, that he above any other did lay hands on them first, because there were about 40 that huddled or compassed the Colours about at one time: And though they say he did confess himself he did it; I say, it's no such matter▪ all that he said, was, that he had a hand in it as well as others. Besides, Capt. Savage would have sworn that M. Joyce had done it; for he came to him, and said, Mr. Joyce, I will take my oath that you were the first man that laid hands on my Colours: But the Gentleman being not able to bear such a gross Lie, told him, he was at the General's Quarters that day till almost night to get leave to go see his friends.  
But such was their former malice at this gallant man (for his former appearing in the Agreement of the People, when they murdered Mr. Arnold at Ware; and because he would often oppose or dispute their unjust actions) that right or wrong, their Saintlike thirst could be satisfied with nothing but his blood. Well, die he must the next day by two of the clock, so was the Sentence; nothing could work upon any of them [for as David saith, There is none of them that doth good, no not one;] for when divers Citizens went with a Petition, desiring his Excellency's mercy and clemency to mitigate the Sentence, and reprieve him but one day more; showing from the Statutes of the Land, that it could be no less than murder to exercise Martial Law in a time of peace; yet this could not prevail with him, the Law is but a dead letter to them, when they must exalt their wills above it; for they make no more conscience of destroying the life of our lives, that is to say, the Law, than a dog doth of eating a shoulder of mutton; for their will is their Law, and their Sword their Justice. Another went to Col. Whaley in the behalf of this poor Innocent, and found him come lately out of bed in his Skie-colour satin waistcoat laced with silver lace, and his pantofles daubed with silver lace, and did present a Petition to his Honour, beseeching his Honour, that he would be pleased to remember mercy to this poor Gentleman, & mitigate the Sentence to any other punishment, so as it was not to the taking away of his life: But after many things passed between them, at last he said, that if it lay in his power to save him, he would not. The like most humble Petition that could be framed by a man, was sent in to the Council on his behalf, and the rest that were to draw lots for their lives; But nothing would satisfy but his blood; many persons came to visit him that formerly knew him much lamenting his most sad condition, being condenmned for nothing but ask his pay: And indeed that was the thing which did most troubled him, that so small a thing as contending for his pay, should give his enemy's occasion to take away his life; which as he often said, had it been for the freedom and liberties of this Nation for which he had engaged these 7 or 8 years, it would have much added to his comfort; Though he was satisfied well enough, that this in ask his pay was far inconsiderable to the taking away of his life in the eyes of God and all unprejudiced men: for he knew it was malice that prevailed over him and not justice; for one would have thought that there being no swords drawn nor affronts to any offered, that if it was such a fault and of such a nature, that a casheerment of the Army, or banishment of the Kingdom would have been punishment enough for his first failling, and faithful and valiant services performed by him for these seven or eight years; They well knowing that for his duty he hath ever been ready to perform; and never held with any that was unwilling to do that duty which was required of him and his due to perform. Concerning his conversation, he was a man honest, just and faithful, being able to render an account of his faith in God, and hope of eternal life; and was also able to make good the Cause for which he so long had engaged: which is a difficult thing to many simple g●ls now in arms, that like so many sheep, will be commanded to kill and do any violence and never question it: for indeed this is that sweet temper these Machavils have so long laboured after; namely the casting forth of all honest and deserving Soldiers that would be active for common good, & listing of such as will kill a man for a morsel of bread; for his civil courtesy, and loving carriage and disposition at all times and to all persons, he may challenge respect from any that knew him; for I think he was beloved of many, and scarce hated of any; he was a man that did extremely desire the freedom of the Commonwealth, as can be witnessed by divers who knew his forwardness in promoting any thing tending thereunto: as when the agreement of the people was broken off at Ware; (by these that pretended it was not God's time, because they had not gotten to that height of honour which now they say Providence hath brought them) oh how sad was his poor spirit, riding up and down the fields with one or two, where he manifested so much love to the liberties of his native Country, as that he could have lost his life there to have procured it.  
For his valour in the field, I scorn to equalise it with the proudest of his enemies that sat in Council or bore false witness against him: he did much scorn to engage any man for his life, but he would endeavour his utmost to perform it: [Not like Whaly when he engaged Major bethel to charge a party of the King's Horse, commanded by the Lord Goring near Oxford; and promised to charge them with his division at another place; the Major bethel asked him again and again whether he would do it; he told him he would; who afterward stood still and never charged at all, but suffered 9 troops to fall on 3 broken troops, where the Major was taken, and many killed and most desperately wounded; and for which he received a sufficient check from Crumwel] he was much grieved to see such Taxes, Excise, Tithes and Freequarter to lie upon the Country, and would not be so exact as many self seeking officers are (when they lie at Free quarter on the poor Country) of their accommodation, either for himself or his horse; I need not blaze his good esteem he had of all persons that knew him; for they do, and can speak more than I can of him, and for him: In his dealing with all men he was just, ever approving of that rule of Christ, that what we would have others do to us, we should to them; and I dare pawn my Salvation upon this truth, that he did as much as could be be discerned, walk by it: failings I will not say but he was subject to as well as others; but if told of his failings, he endeavoured amendment; and if any be without sin let him cast the first stone at him: sure I am, he was more conscionable in serving his Nation then Captain Savage that holy man, whose holiness can admit of three men, or two men and a boy to be mustered, and receive pay for them, and send them home to his father in laws house with their horses and let them do their work, and the Commonwealth to pay them: But I'll warrant the good man will tell you it is a privilege that we Officers have, being fetched from the practice of mercenaries beyond the sea; but this is not the first cheat he hath served the state, neither is he alone but many more Officers in the Army, especially those that are married, who can make it their trade to be with their wives more than with their troops & companies; though themselves have denied that to others before they were in that Condition, telling them that he that warreth a warfare entangleth not himself with the things of the world. But now it is no marvel they asperse and envy every man that desireth but to look into the mystery of their iniquity; they may do what they please and no man question them for it; as Captain Tounsell took Mr. Sawyer and cast him into Whitehall after he had abused him sufficiently in his own Chamber, there commiting him without any order or charge against him, where he might die and perish for want of food if good people did not relieve him; so I say marvel not at their actions; for whatsoever is pleasing in their own eyes, that they will do to any, as they have done to this true friend to his Country's Freedom. Therefore his blood I will require at Colonel Whaley's and Savage's hand, because said Whaley I knew him two years before this time; and Savage knew he desired Justice on him when the troops charged him for dissenting at New-market; and other articles belonging thereunto; and now have they their desires on him.  
And thus have I given you a brief narrative of the cause of this murder, which was executed on him in Paul's Churchyard, where were many hundred if not thousands, weeping eyes and shreking voices lamenting so gallant a creature should lose his life. What he said to divers there and in his Coach coming to his execution is here inserted verbatim, or as far as can be remembered.  
Mr. Shaw and Mr. Atkinson being come to Paul's, met with M. Lockier coming up Ludgate-hil with a strong guard of Soldiers of Col. Hewsons' Regiment before and behind, and he with a friend or two in a Coach, to which they addressed themselves, and acquainted him with what had passed between them and the General; to which he answered, Dear friends, (he scarce knowing us) I am ready and willing to die for my Country and Liberty, and I bless God I am not afraid to look death in the face in this particular cause God hath called me to.  
M. Atkinson.] After that I met him in the yard where he was to suffer, he said the same words, and to the same effect; and then the Guard driving all his friends away, and him, I could not hear what he said.  
But I heard (getting to him through favour of an Officer) Colonel Okey to challenge him with untruth, in that he confessed before the Council of War, that he was guilty of what was charged upon him in reference to mutiny, and now he denied it: to which he answered that it was not so; Okey said it was, and he could produce many to witness the same. Lockier replied that he knew what he had said well enough, and that ever since he knew what it was to draw a sword he never intended any thing but merely for the Privileges and Liberties of the people, and in that he would live and die, and Major Swallow and others said something to him then which I did not hear, but Major Carter made up that discourse and said that it was convenient that this little time he had to spend, it was requisite that he spent it in the best way he thought meet and if he desired to retire himself he might, to which he replied he did desire to retire himself in private, and that though he did do or think nothing but what he would have every man to hear, for as his actions from the first to the last have been for public good, he desired his death might be, and so he knew it would be: For God would make his blood speak Liberty and Freedom to all England; And then he drew to the wall, and there prayed about a quarter of an hour, and after goes and makes water, and then comes and had discourse with many of the Officers, but what it was I could not well hear, but thus much I heard how he with a courageous and willing heart did undergo what ever was laid upon him because it was in the behalf of his Country.  
Then I took him by the hand, and he began to say in this manner: friends here I am to suffer what it pleases God to lay upon me, and truly that for my countries' good, and how great a comfort this is to me I am not able to express, and therefore friends it is a good, sweet and comfortable thing for to serve God; for he hath set us in a condition to serve him, and given us a rule, and hath purchased for us not only Liberty and Freedom here through his Son, but peace and tranquillity hereafter, and a means he hath set down in his word, which we ought to take heed ●●; For in that he hath declared that Christ is sufficient for all our sins, and God would provide fully for all those that sought to God by him: it was not any thing would commend us to God, but pure and undefiled actions in the sight of God through the power of Christ and his Word which I fully own and believe declared the same, unto which we do well to take heed; for if we will we may do well here and hereafter: here we must serve him in standing up for our Country's Liberties and Freedoms, & they will make much for hereafter, for if we do well we shall be well rewarded. Therefore my dear friends and fellow soldiers, I desire you all to serve God and love him, and honour him: And for me to pray as long as you see me live, that God would carry forth my heart as now you see me carried forth: to which I answered I am overjoyed M Lockier to hear such expressions come from you in which I saw so much Religion, as that it was for me a good pattern ●o learn by: and not take upon me to instruct one so able as you are▪ Lockier said, The Lord establish and strengthen you, and fit you for his work: And not only you, but all my dear friends, to whom I desire you to commend me dearly; to and for whom I shall pray while I breathe, that God would enable them to stand up faithfully and courageously for the good of their Country and Liberties: And I pray you let not this death of mine be a discouragement, but rather an encouragement; for never man died more comfortably than I do. And after he and I had embraced each other, he spoke a few words to the Officers, and then he desired to speak with his Sister and Cousins, but what passed betwixt them I know not.  
And then I heard not what he said to them; but from good hands of them that were close to him, he said thus, Fellow soldiers, I am here brought to suffer in behalf of the People of England, and for your Privileges and Liberties, and such as in conscience you ought to own and stand to: But I perceive you are appointed by your Officers to murder me; and I did not think that you had had such heathenish and barbarous principles in you, as to obey your Officers in murdering of me, when I stand up for nothing but what is for your good. And then I heard Colonel Okey say, with other Officers, What, do you endeavour to make the soldier's mutiny? Martial, away with him: And setting him in the place where he was to suffer, he pulled off his lose Jacket, and Coat, and Belt, and gave them some to one, and some to another: and after that he went to prayer again in his shirt without his doublet, and after prayer he stood in the place of execution, and all this while, with abundance of courage and undauntedness; for when I desired him to put something upon his face and cover it, he thanked me for my love, but he said, his cause was so just, as that he feared not the face of death; and therefore he stood looking with a gallant courage in their faces, and then came up to the men that were to shoot him, which were six Musketeers, he lifted up his eyes to God, and desired that when he gave them a sign they should shoot, which was the lifting up of both his hands; and immediately he lifting up his hands, they all six shot off their Muskets, and so died this gallant Heart.  
M. Watson.] I asked him how it was with him in relation to his eternal condition, and whether that which he had done was not out of passion? and told him that he was to departed this life, the hour of his death was very near, therefore I desired him if any thing lay upon his Spirit that he would declare it to me; he replied, I have been a servant to them a long time, and been faithful, I am burdened in my Spirit because of their unjust proceed, and for my condition at present, I praise God it is well with me, and I praise God out of obedience to God, I have served my Country and for that I first engaged, I little thought that they would have proceeded so harsh against me to single me from the rest of my fellows, the fault being one and the same; not that I am sorry that I am singled out by myself, for I am joyful that I must die to excuse them, but I see their aim is at my blood, and when they have it they may then be satisfied, though that will give them little satisfaction as to righteousness, yet I praise God I am fitted for it and have a witness from God that I have served my generation with uprightness so fare as I had understanding, and seeing God hath been so pleased to dispose of me, let it come and welcome, death is nothing, it stoppeth my progress from sorrow to sorrow, I am sure I have a smiling conscience within me and the love of the Father made out to me through the Son, and for death I praise God I fear it not, and so dear friend I leave thee to the disposal of the Almighty hoping to meet thee in word, I mean in spirit, though now we are divided by death; I desire you would join in prayer with me, which we did.  
Mr. Bunting told him, That he had heard very well of him, that he was an honest conscientious man, and that much of God appeared in him, for which he was glad; now he was appointed to die, it was good for him to make preparation, he having been one of the chief promoters of the late mutiny, which might have occasioned the shedding of much blood, for which he was sentenced by the Council of War to be shot; and said that the Council was very tender in their dealing towards them, and that they desired not to shed blood; though there were 14 more guilty, yet but him to die: however his intention might be good, yet a Mutiny being of such an high nature, could be adjudged no less than death.  
Ans. Sir I am condemned, or brought here to die, I bless my God I can freely submit unto it, having learned to look death in the face, hoping by the merits of the Lord Jesus to have life and salvation; I have done nothing whereof I am accused; I am sentenced as I think by their sixth Article to suffer. An Officer than stepped in and said that he did before the Council acknowledge that he was the chief of the mutiny; which mutiny deserved death: which presently was denied, saying that he was no more concerned than the rest, and for them to take away his life, was very partial and unjust; but I pray God forgive them, and us all our sins, that it be not laid to their charge; I am sure their deal with me is bloody for them to take away my life for a supposed crime, for that which might happen; besides I never went forth to uphold a Martial Law to be executed in a time of peace, it being too cruel for any freeborn Englishman to live under: I went voluntarily forth being invited by declarations of Parliament, to stand by them in the defence of the just rights and freedoms of this Nation, for which I have engaged my life, and for the freedoms and liberties of the people, I now suffer. An Officer steps in and said it was in your own choice you might have left the Army if you would, for why should you continue under the power of it and not to obey. Ans. I am sure I have been faithful I never betrayed my trust. Several of the Officers desiring him to retire, if possible they might disturb him, it may be he would be private, the time is but short, therefore think of death. I bless the Lord I can willingly submit to die; he than withdrew for a while and prayed, and came again discoursing a little with the Officers; called for his Sister and Friends there, came to the Soldiers that were to shoot him, and said, I freely forgive you and all the world; I pray sister forgive them. I am sorry to see that you should be brought to obey your officers to murder me, for you stand as if you were the men appointed to murder me; I pray God forgive you I do: Whereupon the Officers thrust him away, and said he would make a mutiny among the Soldiers take him away; so being not permitted to speak to them, they shot him, etc. saying they were sorry to see him die so. A mutineer he lived, and so he died.  
But as he was honourable in his life and at his Death; so he was as honourably buried to the trouble of many of his enemies, who could have been contented to have his memorial to be buried in oblivion, that their wickedness might not be had in remembrance: But I believe he did not so much offend them in his life, but his death shall be a greater terror to them in crying for vengeance on their heads: the guilt of whose blood doth trouble many of them already as I hear: However he is gone to his grave in peace with confidence in God's love to him through Jesus Christ, where he shall rest in his grave and at last stand up in his Lott having his Portion amongst the Just, and crowned with the loving kindnesses and enjoyment of God.  

To his Excellency THOMAS Lord FAIRFAX General of the English Forces. The humble addresses of divers well affected persons, in behalf of all those that are under restraint or censure of the Council of War, or Law-Martiall.  
May it please your Excellency,  
FOrasmuch as the Petition of Right, and other the known Laws of the Land do expressly provide against the exercise of Martial Law upon Soldiers or others in times of peace, all Courts of Justice being open, and that the deprivation of life thereby in such times hath been adjudged in Law no less than murder.  
And forasmuch as you have declared to all the world, That the Army under Your Excellency's Command was not a mere mercenary Army, hired to serve the Arbitrary ends of a State; but that they took up arms in judgement and conscience, for your own and the People's just Rights, the principal whereof are contained in the foresaid Laws and Petition of Right.  
And finding nevertheless those our undoubted Liberties never more encroached upon by the Military power and Law-Martial, Soldiers and others of late being frequently seized, restrained and adjudged to death, and to reproachful punishments without any regard to the Law of the Land, and trial of twelve sworn men of the neighbourhood: as is manifest in your present proceed against those Soldiers and others now under restraint, and censure of the Council of war.  
Hereupon we conceive ourselves bound in conscience in behalf of the Liberties of the people of England to entreat and claim the benefit of those Liberties contained in the Petition of Right, and other the good Laws of this Land: and that all persons now under restraint or censure of the Council of War or Martial Law, may be remitted to the trial of twelve sworn men of the neighbourhood, and be proceeded against by due process of Law; which I humbly conceive your Excellency and the whole army, are both by Law, and your many Declarations engaged to perform, and whereby only you will render yourself acceptable to the present, and honourable to future Generations.  


Robert Shaw  
Thomas Moulson  
George Atkinson  
Thomas Hawes  
Thomas Frisbe  
Walter Allen.   April 27. 1649.   
M. Robert Shaw and the rest went with this Petition, & after that came to Whitehall, & there related to the prisoners what they had done in the business, & then M. Atkinson addressed himself, at M. Lockiers' request to the Marshal General, & acquainted him with the particular carriage in the business how they had drawn up a Petition to the General, and did desire he would stay till they had an Answer. He replied, that if so, they should wait upon the General for an answer, and meet him at Paul's, for there he was appointed to suffer. And to that end Mr. Shaw, Mr. Atkinson and others went to the General, whom they found at Gray's Inn in Sir Thomas Withringtons Lodgings, and with much ado were admitted to speak with him: Unto whom Mr. Atkins spoke to this effect; May it please your Excellency, We are come in the behalf of a poor distressed man that is appointed this day, and almost ready to die: in whose behalf we only desire your Excellency be pleased to pardon, or but to reprieve him till to morrow. And we are the rather encouraged thereunto by Reason of your wont mercy in this particular. To whom he replied, You come here about the saving of a soldier, who is already condemned by the Council of Officers under me, and for a great crime of mutiny, wherein were engaged many more besides him, at least 15; and I think, in such a high business as this is, you never knew a General to pardon so many as I have done; and now he is to suffer by course of Martial Law, and it being past, it cannot be recalled. To which we answered, Your Excellency hath shown much mercy to poor men in the like nature, that did deserve more to die then he did: Therefore we were emboldened to sue to your Excellency for him, to which he answered, That he conceived he deserved to suffer as he did, and that it did behoove us, if we were his friends, to prepare him for another world; and not to do as we do, to countenance him in any thing that is not regular nor safe; for he had like to have made a great fraction in the City and Army, and for that he is to die, and it lies not in my power to preserve him. Then we did beseech his Excellency to reprieve him but till to morrow: but he would not condescend to neither. And so much passed to this effect, but nothing at all obtained from him.  
The Copy of a Letter written to the General, from Lieut. Col. Jo. Lilburn and M. Rich. Overton, Arbitrary and Aristocratical prisoners in the Tower of London, the 27 of April 1649, in behalf of Mr. Robert Lockier, tyrannically ordered to be murdered by the pretence of Martial Law by the Council of War at White-Hall: M. George Ash, M. Joseph Hockley, M. Robert Osburn, Mr. Matth. Heyworth, Mr. Tho. Goodwin, all of Captain Savage his Troop in Col. Whaley's Regiment; who by the said Council were adjudged to cast lots for their lives, and one of them to die.  
In which it is by Law fully proved, That it is both Treason and Murder, for any General or Council of War to execute any Soldier in time of Peace, by Martial Law.  
May it please your Excellency,  
We have not yet forgot your Solemn Engagement of June 5. 1647, whereby the Army's continuance as an Army was in no wise by the will of the State, but by their own mutual Agreement: and if their standing were removed from one Foundation to another (as is undeniable) then with the same they removed from one Authority to anoother; and the Ligaments and Bonds of the first were all dissolved, and gave place to the Second; and under, and from the head of their first Station, viz. By the will of the State, the Army derived their Government by Martial Law; which in Judgement and Reason could be no longer binding then the Authority (which gave being thereto) was binding to the Army: for the denial of the authority is an Abrogation and Nulment of all Acts, Orders, or Ordinances by that Authority, as to them: And upon this account your Excellency with the Army long proceeded upon the Constitution of a new Council and Government, contrary to all Martial Law and Discipline, by whom only the Army engaged to be ordered in their prosecution of the ends, to wit, Their several Rights both as Soldiers and Commoners, for which they associated; Declaring, agreeing, and promising each other, not to Disband, Divide, or suffer themselves to be Disbanded or Divided, without satisfaction, and security, in relation to their Grievances and desires in behalf of themselves and the Commonwealth, as would be agreed unto by their Council of Agitators. And by virtue, & under colour of this Establishment, all the extraordinary Actions by your Excellency, your Officers, and the Army have passed: Your refusal to Disband, disputing the Orders of Parliament; Impeachment and ejection of Eleven Members; your First and Second March up to London; your late violent Exclusion of the major part of Members out of the House, and their imprisonment without Cause declared, etc. which can no way be justified from the guilt of high Treason, but in the accomplishment of a righteous end, viz. The enjoyment of the benefit of our Laws and Liberties, which we hoped long ere this to have enjoyed from your hands: Yet when we consider, and herewith compare many of your late carriages both towards the Soldiery and other Free-People; and principally your cruel exercise of Martial Law, even to the Sentence and execution of Death upon such of your Soldiers as stand for the Rights of that Engagement, etc. And not only so, but against others not of the Army; we cannot but look upon your Defection and Apostasy in such deal, as of most dangerous consequence to all the Laws and Freedoms of the People.  
And therefore, although there had never been any such solemn Engagement by the Army, as that of June 5. 1647. which with your Excellency in point of duty and conscience ought not to be of the meanest obligation, We do protest against your Exercise of Martial Law, against any whomsoever, in times of Peace, where all Courts of Justice are open, as the greatest encroachment upon our Laws and Liberties that can be acted against us; And particularly, against the Trial of the Soldiers of Captain Savage's Troop yesterday, by a Court Marshal, upon the barbarous Articles of War, and sentencing of two of them to death; and for no other end (as we understand) but for some dispute about their pay: And the reason of this our Protestation, is from the Petition of Right, made in the third year of the late King, which declareth, That no person ought to be judged by Law Martial, except in times of War; And that all Commissions to execute Martial Law in times of Peace, are contrary to the Laws and Statutes of the Land. And it was the Parliaments complaint, That Martial Law was then commanded to be executed upon Soldiers for Robbery, Mutiny, or Murder. Which Petition of Right, this present Parliament in their late Declarations of the 9 of Feb. and the 17 of March 1648, commend, as the most excellent Law in England, and there promise to preserve inviolably, it, and all other the fundamental Laws and Liberties, concerning the preservation of the Lives, Properties and Liberties of the People, with all things incident thereunto. And the Exercise of Martial Law in Ireland, in time of Peace, was one of the chiefest Articles for which the Earl of Strafford lost his head; as appears Article 1, in the case of the Lord Mount-Norris (yet alive:) the same by this present Parliament being judged high Treason. And the Parliament itself, neither by Act nor Ordinance, can justly or warrantably destroy the fundamental Liberties and Principles of the Common Law of England: It being a maxim in Law and Reason both, That all such Acts and Ordinances are ipso facto null and void in Law, and bind not at all, but aught to be resisted and stood against to the death. And if the supreme Authority may not presume to do this, much less may You, or Your Officers presume thereupon; for where remedy may be had by an ordinary course in Law, the party grieved shall never have his recourse to extraordinary. Whence it is evident, That it is the undoubted Right of every Englishman (Soldier or other) that he should be punishable only in the ordinary Courts of Justice, according to the Laws and Statutes of the Realm in the time of Peace, as now it is (there being no declared enemy in arms either in field or garrison ready to destroy the Nation with fire and sword, and by their fury and power stop or damn up the ordinary administration of the Law) and the extraordinary way by Court Marshal, in no wise to be used.  
Yea, the Parliaments Oracle, Sr. Ed. Cook, Declares in the third part of his Institutes Cap. of Murder, fol. 52. that for a General or other Officers of an Army in time of Peace to put any man, (although a Soldier,) to death, by colour of Martial Law, it is absolute murder in that General, or Council of War, etc. Because, saith he, this is against Magna Charta, ch 29. and is done by such power and strength as the party cannot defend himself: and here the Law implieth malice; vide Pasch. 14 fol 3. in Scaccario, The Abbot of Ramsey's Case, in a Writ of Error, in part abridged by Fitzh. tit. Scire fac. 112 for time of peace. Thomas Earl of Lancaster being taken in an open Insurrection, was by judgement of Martial Law put to death: in anno 14. Ed. 4. this was adjudged to be unlawful, because (saith he) he was not arraigned or put to answer in the time of peace; and because the Chancery, and all other Courts of the Kings were then open; in which Law was done to every man, as it wont to be; and that against the Charter of Liberties, because the said Thomas being a Peer and Noble of the Kingdom, should not be imprisoned, nor should the same King pass Sentence upon him, but by the lawful judgement of his Peers: yet in the time of peace, and without Arraignment or Answer, or lawful Judgement of his Peers, he was adjudged to death. Therefore erecting of Martial Law, now, when all Courts of Justice are open, and stopping the free current of Law, which sufficiently provides for the punishment of Soldiers as well as others (as appears by 18. H. 6: Ch. 18, 19 and 2, & 3. Ed. 6. Ch. 2. 4 & 5. P. & M. Ch. 3. & 5. Eliz. 5. & 1. Jam. 25.) is an absolute destroying of our Fundamental Liberties, and the razing of the Foundation of the Common Law of England; the which out of duty and Conscience to the Rights and Freedoms of this Nation (which we value above our lives) and to 〈◊〉 You and all Your Council without all excuse, we are moved to present unto your Excellency: Earnestly pressing you, well to consider what you do, before you proceed to the taking away the lives of those men by Martial Law; lest the blood of the Innocent, or the blood of War shed in the time of peace (and so palpable subversion of the Laws and Liberties of England) bring the reward of just vengeance after it upon you, as it did upon Joab the Son of Zerviah, 1 King. 2. ver. 28, 29, 30, 31, 32, 33. and the Earl of Strafford: for innocent blood God will not pardon, Gen. 9.5, 6. and Rev. 13.10. and which cannot be expiated but by the blood of him that shed it, Numb. 35.33. Deut 19.11, 12, 13. and 2 Sam. 11.12. and 1 King. 21.19. and 2 King. 9.7, 8, 9, 10, 26, 33, 36, 37. and chap. 24.2, 3, 4. and what the people may do (in case of such violent subversion of their Rights) we shall leave to your Excellency to Judge, and remain  
Sir, Your Excellencies most watchful observers 

john Lilburn.  
Richard Overton.   From our Causeless, unjust, and Tyrannical Captivity in the Tower of London, April 27. 1649.   

The POSTSCRIPT to the READER.  
Dear Countryman,  
WE desire thee to take notice, that M. Robert Shaw, M. Thomas Moulson, M. George Atkinson, M. Thomas Harris, M. Thomas Frisby, and M. Walter Allen, delivered a Petition to the Generals own hands, to the effect of this Letter, divers hours before the execution of the foresaid gallant and honest M. Robert Lockier; which Petition and the General's answer, you may at large read in the 3 and 4 pages of the Book called the Army's Martyr: But nothing would satisfy the General but his innocent blood; and therefore according to the Law of his will, he caused him to be murdered or shot to death in Paul's Churchyard; for whose innocent blood, both by the Law of God and the Kingdom the Generals ought to go without mercy or compassion; and not only his but also all the rest of his Judges and Executioners, for which by the Law of England they are indictable (by any honest English man) in the County where the murder was committed. And that this Act in shooting precious Master Lockier to death, is not only wilful mutrher in the eye of the law of England, but also Treason, is plainly and undeniably proved, in C. john Ingrams plea, M. Wil Tompsons' plea, and M. Io. Crosinans plea, all of which are printed at large in Lieutenant Col. john lilburn's Book, Printed, Feb, 1647. and called, The People's Prerogative, pag. 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56. And also in his additions to his second Edition of his Book called, The Picture of the Council of State: And therefore let us tell the General, It may prove in time a vain thing to him and his officers to protect themselves with their swords from the due course and proceed of Law; lest the people come to preach the same doctrine to the General and his Tyrannical officers, that their darling friend the present Lord Chief Justice St. john preached to the Earl of Strafford in the latter end of his Argument of Law Printed for john Bartlet, and made against him when he was upon his Trial, whose words are these, That he in vain calls for the help of the Law, that walks contrary unto Law, and from the Law of life for life; he that would not have others to have law, why should he have any himself? why should not that be done unto him, which he himself would have done to another? It is truth saith he, we give law to Hares and Deer, because they be Beasts of Chase; but it was never accounted either cruelty or foul play to knock Foxes or Wolves on the head as often as they can be found, because they be beasts of prey; The warrenner sets traps for Polecats and other vermin for the preservation of the warren,  


JOHN LILBURN.  
RICHARD OVERTON   Tower, May, 4, 1649.  
FINIS