The Army's Jndempnity.  
UPon the publishing of the Ordinance of the 22. of this Instant May for the Indemnity of the Army, certain Gentlemen well affected to the Peace of the Kingdom, and safety of the Army, desired me to set down in writing, whether by the Law of the Land, the said Ordinance did secure them from danger, as to the matters therein mentioned? For whose satisfaction in a business wherein the lives and fortunes of so many men were concerned, and also the Peace of the Kingdom involved; I conceived I was bound in duty and Conscience faithfully and truly to set down what the Law of the Land therein is; which accordingly I have withal sincerity expressed in this following discourse.  
The danger of the Army by the Law of the Land is apparent ●o all men. 
25. Ed. 3. Cap. 2. 11. Ri. 2. Cap. 3. 1. Hen. 4. Cap. 10. 1. & 2. Phi. & Mary Cap. 10. 3. Pars institutes pag. 22. & 2 pars instituts pag. 47.48. & 4. pars instituts pag. 23. 48.29●.  It is high treason by the Law of the Land to levy war against the King, to compass or imagine his death, or of his Queen, or of his eldest Son, to counterfeit his money, or his great Seal. They are the words of the Law, other treasons than are specified in that Act are declared to be no treasons until the King and his Parliament shall declare otherwise, they are the words of the Law.  
King and Commons, King and Lords, Commons and Lords cannot declare any other thing to be treason, than there is declared: as appears by the Lord Cook in the places cited in the Margin: a lawbook published by the order of the House of Commons this Parliament, as appears in the last leaf of the second part of the institutes published likewise by their order.  
The resolutions of all the Judges of England; upon the said Statute of the 25. Ed. 3. (as appears in the said 3. part institutes Chap. 
3. pars institutes Cap. treason: pag. 9 & 10.12. Mr. St. john the Solicitor in his speech upon the arraignment of the Earl of Strafford, printed by order of the House of Commons pag. 7.13. 4. pars institutes, Cap. Parliament pag. 25. 11. Hen. 7. Cap. 1. Stamford. lib. 2. fol 99 18. Ed. 3. Statute at large 144. 20. Ed. 3. Capa. 11. Ri. 2. Cap. 10. 4. pars institutes pag. 23.48.29. 3. pars institutes pag. 22. 2. pars institutes 47.48. 1. pars institutes 195.  High Treason) have been that to imprison the King until he agree to certain demands is high treason to seize his Ports, Forts, Magazine for war, are high treason: to alter the Laws is high treason.  
The word King in the Statute of 25. Ed. 3. Cap. ●. must be understood of the King's natural person: for that person can only die, have a wife, have a Son, and be imprisoned.  
The privilege of Parliament protects no man from treason or felony: howbeit he be a member, much less can they protect others: Those who cannot protect themselves, have no colour to make Ordinances to protect others who are no members.  
The Statute of 11. Hen. 7. Cap. 1. doth by express words free all persons who adhere to the King.  
The Army by an act of Indemnity free themselves from all those dangers, which an Ordinance can no more do, then repeal all the Laws of the Land, the whole and sole power by law to pardon all treasons and felonies, being solely and wholly in the King as is cleared by the 27. H. 8. Chap. 24. and the Law of the Land in all times.  
Having showed the danger of the Army by the Law of the Land, next consider the Ordinance of the Lords and Commons published the 22. of May instant for their Indemnity. By the ensuing discourse it doth appear they have no Indemnity at all thereby.  
The Indemnity proposed by the Ordinance, is for any act done by the Authority of Parliament, or for the service or benefit thereof, and that the Judges and all other Ministers of Justice shall allow thereof.  
This Ordinance cannot secure the Army for these reasons.  
I. Their Judges are sworn to do Justice according to the Law of the Land: This Ordinance is no Law of the Land, and therefore the Judges must be forsworn men, if they obey it, and no man can believe they will perjure themselves so palpably and visibly to the eye of the world.  
II. If the Judges conceive (as they may) that the taking of other men's horses or goods is not by the Authority of Parliament, or for the service and benefit thereof, the soldier dies for it: 
Prince, case, 8. reports.  they may say to steal or robany man of his goods is not for the Parliaments service, but against it.  
III. This Ordinance is against their Ordinances which expressly prohibits plundering, and so there is one ordinance against another, whereby their Judges have an outlet to proceed upon the one or the other, and thereby the Army hath no manner of security.  
FOUR 
28. Augusti. 1642. collect of Ordinances first part 565. 592. 605. several Ordinances. 4. pars institutes pag. 1. 3 pars institutes pag. ●2 1 pars institutes pag. 1. 11. Hen. 8. 3. Dier 28. Hen. 8. f. 60 12. Hen. 7.20. 1. pars institutes 159. Prince's case 8. pars reports. 1. pars institutes 109 1. pars institutes pag. 110. 4. pars institutes p. 49.  This Ordinance is restrained to the Ordinance, service, or benefit of the Parliament. The Lords and Commons make no more a Parliament by the Law of the Land, than a body without a head makes a man, for a Parliament is a body composed of a King their head, the Lords and Commons, and all make one body, and that is the Parliament and none other, and the Judges may, ought, and I believe will accordingly to their oaths proceed, as not bound at all by this Ordinance. For it is restrained to the Ordinance of Parliament, service, or benefit thereof, whereas the two Houses are not the Parliaments, but only parts thereof, and by the abuse and misunderstanding of this word Parliament, they have miserably deceived the people.  
V The word Parliament is a French word (howbeit such Assemblies were before the Northern conquest herein are) and signifieth in that language to consult and treat: that is the sense of Parlet in the French Tongue. The writ whereby the two Houses are assembled, which is called the writ of Summons of Parliament at all times, and at this Parliament used, and which is the warrant, ground and Foundation of their meeting, is for the Lords of the House of Peers, the Judges and the King's Council, to consult and treat with the King (that is the Parlet) of great concernments touching, 1. The King, 2. The defence of his Kingdom, 3. The defence of the Church of England. It cannot be a Parliament that will not parley with the King, but keep him in prison, and not suffer him to come to them and parley, and therefore the Law, and sense, and reason, informing every man that this is no manner of Parliament (the King with whom they should parley, being so restrained, that they will not parie with him) the Army hath no manner of security by this Ordinance. For their Indemnification refers to that which is not in being, until the King be at liberty.  
VI It is more than probable, that their Judges before the last Circuit, had instructions to the effect of this Ordinance: but they the Judges making conscience of their oath, laid aside the said instructions, and aught and may, and it is believed, will no more regard this Ordinance, than the said Instructions: 
The common Soldiers second apology. 6 Grievances of the Army published 15. May instant 3 Grievances of colonel Birches Regiment.  what was done the last Circuit, notwithstanding the said Instructions, the Army well knows, touching many of their fellow Soldiers.  
VII. The Houses in their first Proposition to his Majesty for a safe and well-grounded peace sent to Newcastle, desire a pardon from His Majesty for themselves: they who desire a pardon, cannot grant a pardon (common reason dictates this to every man) and therefore that the army should accept an Indemnity from them, who seek it for themselves, or should conceive it of any manner of force, is a fancy, that no man in the whole Army, but may apprehend that it is vain and a mere delusion.  
VIII. His Majesty by his gracious Message of the 12, of this instant May, and published two days since, hath offered an act of oblivion, a general pardon to all his people; this done the Law doth indemnify the Army without all manner of scruple, for any thing that hath been done: for it is an Act of Parliament, when the King and two Houses concur, and binds all men: there is no safety by the Ordinance, there is safety by an Act of Indemnity; and will not reasonable men prefer that that is safe, before that which is unsafe.  
IX. His Majesty by his said Letter agrees to pay the arrears of the Army; I am sure that is a public debt, and the chiefest and the first that by the two houses should be paid, and before any dividend among themselves, for their blood, limbs, & lives have put and kept them at rest in the power they have. So by this concurrence of his Majesty for your indemnity, and for your arrears, the Army have not an Ordinance, or the public Faith, but the Law of the Land to make sure unto them their indemnity, for all acts, and for their arrears, and therewith also bring peace to the Land.  
X. The Kingdom and People generally desire these things. To such an army just and reasonable things must not be denied, the things formerly proposed are most just and reasonable: you may have them if you will; if you will not, you will render this Kingdom miserable, 
Mr. Pyms Speech against the E. of Strafford, pag. 16. 6 Consideration printed by command of the House of Commons.  wherein you will have your shares of misery: the head and the body is such an incorporation as cannot be dissolved without the destruction of both.  
I say again, it is a certain truth, this Kingdom without an Act of oblivion, and a general pardon, and the payment of Soldier's arrears, and a meet regard had to tender consciences will avoidable be ruined.  
24. May, 1647. DAUJD JENKINS, Prisoner in the Tower of London.   

25. Edw. 3. Chap. 2. A Declaration what Offences shall be adjudged Treason.  
WHereas divers opinions have been before this time, in what case Treason shall be said, and in what not: The King at the request of the Lords and of the Commons hath made a Declaration in the manner as hereafter followeth: That is to say, When a man doth compass, or imagine the death of our Lord the King, or of our Lady the Queen. or of their eldest Son and Heir: or if a man d●e violate the King's companion, or the King's eldest daughter unmarried, or the wife of the King's eldest son and heir: or if a man do levy war against the Lord our King in his Realm, or be adherent to the King's enemies in his Realm, giving to them aid and comfort in the Realm, or elsewhere, and thereof be probably attainted of open deed by people of their condition; And if a man counterfeit the King's great or privy Seal, or his Money: and if a man bring f●lse money into this Realm, sergeant to the money of England▪ and the money called Lusburgh, or other like to the said money of England, etc.   

11. Hen. 7. Cap. 1. None that shall attend upon the King, and do him true service, shall be attainted, or forfeit any thing.  
THe King our Sovereign Lord calling to his remembrance the duty of allegiance of his Subjects of this his Realm, & that they by reason of the same are bound to serve their Prince and Sooner. Lord for the time being in his wars, for the defence of Him and the Land, against every rebellion power and might raised, reared against him, and with him to enter and abide in service in battle, if case so require, and that for the same service what fortune ever fall by chance in the same battle against the mind and will of the Prince (as in this Land sometime passed hath been seen) that it is not reasonable, but against all laws, reason and good conscience, that the said Subjects going with their Sovereign Lord in wars, attending upon him in his person, or being in other places by his commandment within this Land or without, any thing should lose or forfeit, for doing their duty or service of Allegiance. It be therefore ordained, enacted, and established by the King our Sovereign Lord, by the advice & assent of the Lords spiritual and temporal, and the Commons in this present Parliament assembled, and by authority of the same, that from henceforth no manner of person or persons whatsoever he or they be, that attend upon the King and Sovereign Lord of this Land for the time being, in his person, & do him true and faithful service of allegiance in the same, or be in other places by his commandment in his wars, within this Land or without, that for the said deed and true duty of allegiance he or they be in no wise conviet or attaint of high treason, nor of other offences for tha● cause, by act of Parliament, or otherwise by any process of Law, whereby he or any of them shall lose or forfeit life, lands, tenements, rents, possessions, hereditaments, goods, chattels, or any other things but to be for that deed and service utterly discharged of any vexation, trouble, or loss. And if any act or acts, or other process of the Law hereafter thereupon for the same, happen to be made contrary to this Ordinance, that then that act or acts, or other process of the Law, whatsoever they shall be, stand and be utterly void. Provided always, that no person or persons shall take any benefit or advantage by this Act, which shall hereafter decline from his or their said allegiance.  
Cap. 24. In the Statute of 27. H. 8. I● is enacted, that no person or persons of what estate or degree soever they be of, shall have any power or authority to pardon or remit any treason, murders, manslaughters, or any kind of Felonies, etc. but that the K. shall have the sole & whole power & authority thereof united and knit to the Imperial Crown, as of right it appertaineth, etc. And in the same it is enacted further, that none shall have power, of what estate, degree, or condition soever they be, to make Justices of Eyre, Justices of Assize, Justices of the Peace, etc. bu● all such Officers and Minister shall be made by Letters Patents under the King's great Seal in the name and by the authority of the King and his Heirs and Successors Kings of this Realm.  
In the first year of Queen Mary, and the first Chapter, It is enacted by the Queen, with the consent of the Lords and Gommons, That no deed, or offence by Act of Parliament, made treason, shall be taken, deemed, or adjudged to be high treason, but only such as be declared and expressed to be treason by the Act of Parliament, made 25. Ed. 3. cap. 2. before mentioned.  
FINIS.