A Plea for the late Agents of the Army, against the proceed of the Gen. Officers to punish them by Marshal Law.  
First. THe arbitrary Government of the Army by Law Martial (which is only necessary when an Army is marching against its enemy, or when no other Courts of justice in a land are open and free) was wholly dissolved at the Rendezvouz at New-market, upon the 4, and 5. of june last, and this I prove by these following reasons.  
1. They associated themselves only as a company of free Commons of England, to stand together upon the just principles, and law of nature and nations, to recover their own and all the people's just rights and liberties. See the Solemn Engagement upon june 4. The words are these. We the Officers and Soldiers of the Army subscribing hereunto, do hereby declare, agree, and promise to and with each other, that we shall not wilingly disband, nor divide, nor suffer ourselves to be disbanded nor divided, until we have security, that we as private men, or other the freeborn people of England shall not remain subject to the like oppression, injury, or abuse as have been attempted. Compare the latter end of page the 4. with page 5. And upon their march towards London, in prosecution of this design, whereupon they associated, the General declared in his letter to the City, that they as English men insisted upon the settlement of the peace of the Kingdom, and the liberty of the Subject, which they had right to demand. See the letter from the General, and the General Officers at Royston upon june 10. pag. 2. 3. And in their further opening of their meaning and intentions in their agreeing together, or associating as before, they declared upon june 14. That they were not a mercenary Army, hired to serve the Arbitary power of a State, but continued in Arms in judgement and conscience for the defence of their own and the people's just rights and liberties. Now the Army thus refusing to serve the arbitrary power of the State, and agreeing together as English men, to stand upon principles of right and freeedome. From hence.  
1. It's clear, that the Officers and Soldiers kept in a body, and so were an Army, not by the will of the State, but by their own mutual Agreement.  
2. From thence it's as clear, that they not being an Army by the States will, they were not under those rules of Martial Government, which were given by the will of the State to rule those which were a Military body or Army by their will and power.  
3. From thence it's also as clear, that the continuing an Army at that time, not by the States will, power or command, but their mutual agreement, they could be under no other government as an Army but such as they did constitue or appoint for themselves by mutual agreement, and this leads to a 2. Reason, proving the dissolution of the Army's government by Martial law.  
2. The Soldiers with some Officers of the Army, having by mutual agreement gathered themselves into, or at least continued themselves a Military body or Army to stand upon principles of right and freedom, did by the same mutual Agreement with or Engagement to each other frame, constitute, or appoint a form of Government for themselves in their prosecuting that just design of common right and freedom for themselves and the nation.  
The words of the Engagement, pag. 4. 5. are these. We do hereby declare, agree, and promise to and with each other, that we shall not willingly disband, nor divide, nor suffer ourselves to be disbanded or divided without satisfaction in relation to our grievances and desires, heretofore presented & security that we as private men or other the free born people of England, sh●ll not remain subject to the like oppression and injury, as have been attempted, and this satisfaction and security to be such as shall be agreed unto by a Council to consist of those general Officers of the Army (who have concurred with the Army in the premises) with two Commission Officers, and two Soldiers to be chosen for each Regiment, who have concurred and shall concur with us in the premises and in this agreement. Hereby a new Council was constituted contrary to all Martial Law and Discipline, by whom only they engaged to be ordered in their prosecution of the ends for which they associated, 〈◊〉 consequence seeing they continued an Army by their own wills, and only to prosecute those ends, this Engagement to be ordered only by that new Council in their prosecution of those ends extends to a whole rule of them as an Army.  
Now that this Council was wholly new, and in away divers or different from all Martial Courts or Council of War, that ever the Sun beheld in a mercenary Army, and as different from the Council by which this Army was formerly governed appears thus.  
1. The Members of this Council by which they engaged to be ordered are 〈…〉 in the Army.  
1. The quality of them is different, none but such as concurred with, in disobeying the Parliament, and in the principles of common right and freedom upon which they stood, were to be Members of this Council, neither the General, nor the Lieutenant General themselves were to be Members of this Council unless they had concurred in owning the Regiments refusal to disband, and in their engagement or association, and by consequence they had been no Officers as will appear hereafter.  
In this all the Orders of war and Martial Laws were broken, for if the General, Lieutenant General, and Commissary Gen. Ireton, had not concurred, they could not all have cashiered one Officer that did concur, all the Soldiers had been engaged to oppose them, nay they could not have cashiered one Soldier that joined in the engagement, for they promised each to other, not to suffer themselves to be divided before the ends of their Engagement was accomplished.  
2. In this new Council, the station of the Members in the Army is different from the station of all Members of former Counsels, by the Engagement, there was to be two Soldiers in no office, out of every Regiment to have voices equal to the General himself in all votes.  
3. The number of the Members of this Council is different from all customs and rules of Martial Discipline in this Council, there was to be but four of every Regiment, with the General Officers which concurred.  
2. This new Council differed from the rules of war in the manner of its constitution, this was not to be constituted by the Gen. will, but in a Parliamentary way by the Soldiers free election, the Gen is bound from calling an Officer to the Council unless he be chosen by his Regiment.  
3. Reason, proving the dissolution of Martial Government in the Army.  
The Gen. in associating with the Soldiers did in the very Engagement, give away all his power of exercising Martial discipline, he engaged to them and they to him, that they would not suffer themselves to be disbanded or divided, till the ends of their uniting were obtained hereby he divested himself of his arbitrary power of cashiering Officers and Soldiers at his pleasure, this is a dividing which he engaged neither to attempt nor suffer, likewise he divested himself of power to command the Soldiers to march to what distance he pleaseth one from another this is another kind of division.  
4. Reason, proving the dissolution of the government by law martial. The whole Army by agreement or joint consent, cashiered all Officers as N●w market Heath, that would not associate with them, and engage to stand for common right and freedom though against the Parliament & so they ho●●ed divers Officers out of the field, unhorsed some and rend their ●●oaths, and beat them: and this in the face of the Gen. and all these acts, had been death by Martial Law: but this was an actual declaration that the Army did admit of Officers by mutual agreement only, and therefore Government by law Martial was dissolved unless it had been established by mutual consent throughout the Army, for Officers at that time being only admitted by mutual consent they could have no power, but what was betrusted to them by the Soldiers.  
2. Plea, But in case the government of the Army by law martial had not been dissolved by a mutual engagement, yet the very being of peace did dissolve it, for in the Petition of Right its declared that no person ought to be adjudged by law martial except in time of war, & that all Commissions given to execute martial law in time of peace are contrary to the laws and statutes of the Kingdom, and it was the Parliaments complaint that martial law, was then commanded to be executed upon Soldiers for robbery, mutiny or murder, and it was settled as the undoubted right of every English man, that he should be punishable only in the ordinary Courts of justice, according to the laws and statutes of the kingdom. By all this it appears that its illegal and unjust for the officers of the Army to try or punish any agent or other by law martial upon pretence of mutiny or any other offence: the whole Army stand as Englishmen, and if they offend are not exempted from the proceed against them, & punishments to be inflicted upon them by the laws and statutes, and therefore cannot in justice be subject also to law martial, so that all Agents and Soldiers now accused for mutiny betray their own and their Country's Liberty if they shall submit to be tried in any other way then by the known Laws and statutes of the Land.   

Courteous Reader, Mr. Matthew Simmons in Aldersgate street, by a special Order from the Lords, printed all the Armies declarations in one volume; which thou mayest buy of him for 12. or 14, d. in the reading of which comparing them with the constant serious of their actions, thou shall clearly find there was never greater diviations & back slidings amongst the ●●●st of the sons of men from their declared principles, & thou & the kingdom mayst principally blame Lie. Goe Cromwell and his son in Law, Corn, Gen. Ireton, being both now transcendently Kingified and Lordified.  
FJNIS.