AN APOLOGY FOR THE ARMY, Touching the eight Quaere's upon the late Declarations and Letters from the Army, touching sedition falsely charged upon them. Wherein those Quaeres are resolved, and thereby the present proceed of the Army are proved to be Legal, Just & Honourable. By DAVID JENKINS, Prisoner in the Tower of LONDON. Quis tulerit Gracchos de seditione querentes. Printed in the Year, 1647. AN APOLOGY FOR THE ARMY. THese Treasonable and insolent Queries make the Army the Houses Subjects, and not the Kings. Bracton fol. 118. Stanford. f. 2 None by the Laws of this Land can in this Kingdom have any Army but His Majesty. It appears, the Army doth now evidently perceive, that they were misled by the specious pretences of Salus Populi, the maintenance of the King's Honour, and of the maintenance of the Laws of the Land, and liberties of the Subject, to take up Arms against their natural Liege Lord and Sovereign, the King: The People is the Body, Mag. Char. c. 1. & ultim. All the act concerning the King, Church, and Churchmen. 25. E. 1. c. 1. the King is their Head; was the Body safe when the Head was distressed and imprisoned? For Laws and Liberties have not the prevailing party in the two Houses destroyed above 100 Acts of Parliament, and in effect, Magna Charta, & Charta de Forestâ, which are the common Laws of the Land? Doth Excize, Fifth, and Twentieth Parts, Meale-money, and many more burdens which this Land never heard of before maintain the Liberties of the people: You, and that party of the two Houses, made the Army by several Declarations before engagement, believe that you would preserve the King's Honour and Greatness, the Laws and Liberties of the people: The Army and the whole Kingdom now facta vident, see your actions, and have no reason longet to believe your Oaths, Vows, and Declarations; and since that party in the two Houses refuse to perform any thing according to their said Oaths, Vows, and Declarations, The Army and the Kingdom may and aught, both by your own principles and the Laws of the Land, pursue the end for which they were raised. And so your first Quaere is resolved, whereby it is manifest, that specious pretences to carry on ambitious and pernicious designs, fix not upon the Army, but upon you, and the prevailing party in both Houses. The Solution of the second Quaere. The Army, to their eternal honour, have freed the King from imprisonment at Holmby. 3. par. Instit. f. 12.39. Eli. 1. jacob. ibi. 2. & 3. E. 6. cap. 2. 11. H. 7. c. 1. It was High Treason to imprison His Majesty: To free His Majesty from that imprisonment was to deliver Him out of Traitorous hands, which was the Army's bounden duty by the Law of God and the Land. That party refused to suffer His Majesty to have two of His Chaplains for the exercise of His Conscience who had not taken the Covenant, free access was not permitted, doth the Army use His Majesty so? all men see that access to Him is free, and such Chaplains as His Majesty desired are now attending on His Grace: Who are the guilty persons, the Army, who in this action of delivering the King act according to Law, or the said party who acted Treasonably against the Law? Who doth observe the Protestation better, they who imprison their King, or they who free Him from prison? That this Army was raised by the Parliament is utterly false: The Army was raised by the two Houses upon the specious pretences of the King's Honour, common safety, and the preservation of Laws and Liberties, which how made good hath been showed before, and all the people of the Kingdom do find by woeful experience. The two Houses are no more a Parliament then a Body without a Head a man. 14. H. 8.3.36. H. 8. Dier. 60.4. par. Instit. p. 1.3.12.14.16. R. 2. c. 1.5. Eliz. c. 2.17. Carol. The act for the continuance of this Parliament. The two Houses can make no Court without the King, they are no Body Corporate without the King, they all, Head and Members, make one Corporate Body; and this is so clear a truth, that in this Parliament, by the Act of 17 Caroli, it is declared, That the Parliament shall not be dissolved or prorogued but by act of Parliament; but the two Houses may respectively adjourn themselves; two Houses & a Parliament are several things. Cuncta fidem vero faciunt, all circumstances agree to prove this truth. Before the Norman Conquest, and since to this day, the King is holden Principal, Caput, & sinis, that is, the beginning, Head and chief end of the Parliament, as appeareth by the Treatise of the manner of holding of Parliaments made before the Norman Conquest; 4. par. Instit. pag. 12. by the Writ of Summons of Parliament whereby the Treaty and Parlour in Parliament is to be had with the King only, by the Common Law, 4. par. Instit. pag. 4.9. 5. Eli. c. 1.2. by the Statute-Law, by the Oath of Supremacy, taken at this and every Parliament, it doth manifestly appear, that without the King there can be no colour of a Parliament. How many Votes have they revoked in one Session, yea, and Bills? Was there ever the like done? Nay, is not the constant course of Parliaments violated and made nothing thereby? They are guarded by Armed-men, divide the public money among themselves, and that party in leavours to bring in a Foreign to invade this Land again: If they be no Parliament, as clearly they are none without His Majesty, they have no privileges, but do exercise an Arbitrary, Tyrannical, and Treasonable power over the people. By the Law of the Land, when Treason or Felony is committed, 7. E. 4.20. 8. E. 4.3. 9 E. 4.27. 4. H. 7.18. 27. H. 8.23. it is lawful for every Subject, who suspects the Offender, to apprehend him, and to secure him so, that Justice may be done upon him according to the Law. You say, The disobedience of the Army is a sad public precedent, like to conjure up a spirit of universal disobedience, I pray object not that conjuring up to the Army, whereof you, & the prevailing party in the Houses are guilty; who conjured up the spirit of universal disobedience against His Majesty, your and our only Supreme Governor, But you, and that party in the two Houses, and even then, when the house of Commons were taking, and did take the said Oath of Supremacy? For the Covenant you mention, it is an Oath against the Laws of the Land, against the Petition of Right, devised in Scotland, wherein the first Article is to maintain the Reformed Religion in the Church of Scotland: 2. pars. Coll. of Ord. pag. 803. Petition of right 3. Car. 2. pars. instit. 719. And certainly there is no Subject of the English Nation doth know what the Scottish Religion is. I believe the Army took not the Covenant: No man by the Law can give an Oath in a new case without an Act of Parliament; and therefore the imposers thereof are very blamable and guilty of the highest Crime. The Writer of these Queries seems to profess the Laws, let him declare what Act of Parliament doth justify the tendering, giving, or taking of the said Oath: he knoweth there is none, he knoweth that all the parts of it are destructive of the Laws and Government to maintain which the Law of nature & the Law of the Land had obliged them: Mag. Chart. cap. 1. & Ultimo Articuli cleri, and many other statutes. 16. Ed. 4.10. The Oath of the Covenant makes the Houses Supreme Governors in causes Ecclesiastical, the Oath of Supremacy makes the King so, and yet both taken by the same persons, at the same time. What credit is to be given to persons who make nothing of Oaths, and contradict themselves? How do the Covenant and the Oath of Supremacy agree? How doth their Protestation and the Covenant agree? How do their Declarations and Oaths agree? The Lord be merciful to this Land for these Oaths. It is a sad thing to consider that so many gentlemen who profess the laws, and so many worthy men in both Houses should be so transported as they are, knowing that the Laws of the Land from time to time, and in all times, are contrary to all their actions, and that yet they should amuse themselves and the people with the word of Parliament, without the King, and with the Covenant; whereas they know they are no Parliament without His Majesty, and that English men throughout the Kingdom should swear a Covenant, to preserve the reformed Religion of Scotland, in Doctrine, Worship, Discipline and Government, which they no more know than the Doctrine, Worship, Discipline and Government of Prester john in Ethiopia: if they consider it, they cannot but discern that this is a high desperate and impious madness. Be wise in time, without the King and the Laws you will never have one hour of safety for your Persons, Wives, Children or Estates: Be good to yourselves, and to your Posterities; apply yourselves to be capable of an Act of Oblivion, and of a general Pardon, and to be able and willing to pay the Soldiery, and to allow a reasonable liberty for men's consciences, and God will bless your endeavours, and the people (to whom you are now very hateful) will have you in better estimation. The third Quaerie is thus answered. You resemble the Army to jacke Cade and his Complices, and you cite the Act of Parliament of 31. Hen. 6. cap. 1. and that it may appear who acts the Part of jacke Cade, you and that Party in the two Houses, or the Army, I think it necessary to set down the said Act in words at large as followeth. First, Whereas the most abominable Tyrant, horrible, odious and arrant false Traitor john Cade, calling and naming himself sometime Mortimer, sometime Cap. of Kent, which name, fame, acts, and feats are to be removed out of the speech and mind of every faithful Christian man perpetually, falsely and traitorously purposing, and imagining the perpetual destruction of the Kings said Person, and final subversion of this Realm, taking upon him Royal power, and gathering to him the King's people in great numbers, by false, subtle imagined Language, and seditiously making a stirring Rebellion, and Insurrection, under colour of justice, for reformation of the Laws of the said King, robbing, stealing, and spoiling great part of his faithful people, Our said Sovereign Lord the King considering the premises, with many other which were more odious to remember, by advice and consent of the Lords aforesaid, and at the request of the said Commons, and by authority aforesaid, hath ordained and established that the said john Cade shall be reputed, had, named, and declared a false Traitor to our Sovereign Lord the King; and that all his tyranny, acts, feats, and falie opinions shall be voided, abated, annulled, destroyed & put out of remembrance for ever: and that all enditements and all things depending thereof, had and made under the power of tyranny shall be likewise void annulled, abated, repealed, and holden for none: and that the blood of none of them be thereof defiled nor corrupted, but by the authority of the said Parliament clearly declared for ever: and that all enditements in times coming in like case under power of tyranny, rebellion and stirring had, shall be of no Record nor effect, but void in Law; and all the Petitions delivered to the said King in his last Parliament, holden at Westminster, Noveb. 6. in the 29. of his Reign, against his mind by him not agreed, shall be taken and put in oblivion out of remembrance, undone, voided, annulled, and destroyed for ever, as a thing purposed against God and conscience, and against His Royal Estate and preeminence, and also dishonourable and unreasonable. Now we are to examine who hath trod in the steps of Jack Cade, you and the present prevailing party of the two Houses took upon them, and do take all the Royal Power in all things; so did Jack Cade, as appears by the said Act; the Army do not so: They who imprison the King purpose to destroy His Person (our imprisoned Kings always * Edward 2. Henry 6. Richard 2. fared so) Jack Cade did likewise so purpose, but the Army do not so: The said party in the two Houses made a stirring under colour of Justice for Reformation of the Laws; so did Jack Cade: The Army do not so, but desire that the Laws should be observed: Jack Cade levied War against the King, the Army preserves Him: Jack Cade died a Declared Traitor to his Sovereign Lord the King; this Army lives to have the glorious true Honour of being restorers of their King. Simon Sudbury Archbishop of Canterbury was murtheted by Jack Cade: William Laud Archbishop of Canterbury was likewise murdered by that party of the two Houses, for that an Ordinance by Law cannot take away any man's life, 25 Ed. 3.4. 28 Ed. 3.3. Petition of Right. 3 ●ar. & his life was taken away by an Ordinance of the two Houses, the Army had no hand in it. Many misled by Jack Cade, perceiving his Traitorous purposes, fell from him; and as that was lawful, just, and Honourable, so it is for this Army to adhere to their natural King, and to endeavour to settle the Kingdom again in the just Laws and Liberties thereof: London did then right worthily adhere to the King and the Laws, and not to jack Cade and his specious pretences, and i● is hoped they will now so do: By this it appears, that the Gentleman's Discourse touching jack Cade, fastens altogether on his party, and cleareth the Army. To the iv which is solved thus. The Arrears of the Army (howbeit it is the least thing they look after) yet being not paid them, it is by the Law of the Land a sufficient cause to leave and desert that party in the Houses: A person who serves in any kind, and is not paid his wages, the desertion of that service is warrantable by the Laws of the Land: Fi●z. N. B. 25 ●. 9 Ed. 4.20. 38 H. 6.27. 23 Eliz. Dier 369. You say, the Houses will reform all things when the Army doth disband; who will believe it? Will any believe that the settling of the Presbytery will do it? Will any believe that his Majesty will pass the Propositions sent to Him to Newcastle? Will any man believe that this Kingdom will ever be quiet, without His Majesty and the ancient and just Laws? Can the Members of the Army conceive any of them to be safe in any thing, without a Pardon from His Majesty? Have they not seen some of their Fellows hanged before their eyes, for actions done as Soldiers? Shall the Kingdom have no account of the many Millions received of the Public Money? Will the Members of the Houses accuse themselves? Shall private and public Debts be never paid? Shall the Kingdom lie ever under burdens of Oppression and Tyranny? There is no visible way to remedy all these enormities, but the power of the Army. To the V which is solved thus. The Kingdom hath better assurance of Reformation from the Army, then from the Houses, for that in their Military way they have been just, faithful, & honourable, they have kept their words: That party of the Houses have been constant to nothing but in dividing the public Treasure among themselves, and in laying burdens upon the people, and in breaking all the Oaths, Vows, and Promises they ever made: 2 & 2 Ed. 6. cap. 2.11 H 7 cap. 1. Calvin's case, 7. para, Cook jol. 11. As the Army hath power, so now adhering to the King, all the Laws of God, Nature, and Man, are for them, their Arms are just, and blessed; and the King is bound in Justice to reward his Deliverers with Honour, Profit, and meet Liberty of Conscience. To the VI Quaere. All the sixth Quaere contains Calumnies cast upon the Army; the new elections are against all the Laws mentioned in the Margin, 11 H. 4. c. 1. 1 H. 5. c. 1. 8 H. 6. c. 7. 23 H. 6. c. 15. and are against the ejection of the old Members: and by this it may be judged, what a House of Commons we have. By the said Laws it appears, that if any undue return be made, the person returned is to continue a Member; the Sheriffs punishment is two hundred pounds, one to the King, and the other to the party that is duly elected; imprisonment for a year, without Bail or Mainprize: and that person who is unduly returned, shall serve at his own charge, and have no benefit at the end of the Parliament, by the Writ de solutione feodorum Militum, Civium & Burgensium Parliament. And the trial of the falsity of the return, is to be before the Justices of Assizes in the proper County, or by Action of Debt in any Court of Record. This condemns the Committee for undue elections, which hath been practised but of late times: for besides these Laws, it is a Maxim of the Common Law, 3 Ed. 4.20. 5 Ed. 4.42. an Averment is not receivable against the return of the Sheriff, for his return is upon Oath which Oath is to be credited in that fuit wherein the return is made. The said Statutes condemn elections of such men which were not resiant and dwelled in the County or Boroughs for which they were returned; and any abusive practice of late times to the contrary, is against the Law, and ought not to be allowed. To the VII. Quaere. The Quaerist saith, That the Votes of the Independents in the Houses were arbitrary, exorbitant, and irregular, and that they disposed and fingered more of the common Treasure then others: That whole Quaere, I believe, is false and slanderous; 57 E. 3. c. 17. and the Author ought to make it good, or else to undergo the Law of Talion; which is, to suffer such punishment, failing of his proof, as the accused should, in case of proof made. To the VIII. Quaere. This Quaere is all minatorie and threatening, and the contrary of every part is true: by the deliverance of the King and Kingdom from the bondage of that party in the two Houses by the Army, their renown will be everlasting; they secure themselves, they content and please the Kingdom, City, and Country, as appears by their confluence to see his Majesty and the Army, and their acclamations for his Majesty's safety and restitution: all which doth evidence to every one of the Army, how acceptable the intentions of the Army are to the people of this Land, who have been so long enthralled. Sir Thomas Fairfax, let your Worthiness remember your extraction and your Ladies, by the grace and favour of the Prince, to be in the rank of Nobility; remember what honour and glory the present Age and all posterity will justly give to the restorer of the King to his Throne, of the Laws to their strength, and of the afflicted people of this Land to peace: let the Colonels and Commanders under you, and likewise your soldiery, rest assured, that they shall not only share in the renown of this action, but also shall have such remuneration as their haughty courage and so high a virtue doth deserve: This his Majesty can and will do, the Houses neither will nor can; and God bless you all, and prosper you. I conclude all, as I have always done: Without an Act of Oblivion, a general Pardon, the Arrears of the soldiery paid, and a regard to Liberty of Conscience, this Kingdom will certainly be ruined. FINIS.