THE JUSTICE OF THE ARMY Against evil-doers VINDICATED: BEING A brief Narration of the Court-martials' proceed against 

ARNOLD,  
TOMSON, and  
LOCKYER,   with the Causes and Grounds thereof.  
By which the impartial Reader may plainly judge, how hardly and unchristianly these men deal with the Army, to call that Arbitrary, Tyrannical, Barbarous Murder, in them; which they could not omit without eminent neglect of their duty, and apparent danger of the most desperate events to the Parliament, Kingdom, and Army, that can be imagined.  
He that is first in his own cause, seemeth just, but his Neighbour cometh and searcheth him. Prov. 18.9.  
They are all grievous revolters, walking with slanders. Jer. 6.28  
London, Printed by T. Paine, 1649.   

Christian Reader;  
I Should not have troubled myself with Writing, nor You with Reading this following Discourse, had it not been for their sakes, who ignorantly without any malicious intent, speak evil of things they know not: This being a time, wherein this way of Controverting things by printing, is become one of the greatest vanities; but considering how all manner of Evil in the World, hath clothed itself with Impudence, and more especially that Spirit which rageth at this time in this Kingdom, against all persons, and things that do not bow before it; I could not any longer, finding all other silent in this business, forbear the vindication of Truth and justice, against the clamours of men, at the just and favourable proceed of the Court-martiall, in the following cases.  
And this I could not have forborn so long, had it not been out of tenderness to those things which these railing revilers have pretended to, who have dealt with the Army and their friends, as the most barbarous of their Enemies in some Garrisons, have done in time of War in detaining some persons, whom they Judged were highly esteemed of by them, in their Custody, to set in places of most danger, to hinder them from assaulting, this is the chiefest use, these men have made of the words justice, Righteousness, Liberty, and Freedom, &c to place them, in the Frontispiece of their lies and slanders, that none might kill the latter, without wounding the former, and if I have in anything Interfered in this Discourse, against those good things; charge it upon my weakness, not upon my will, and the reason why I only give you the Relation of these three, and not of those other since Executed for this last mutiny, is:  
First, because the misrepresenting of the Armies proceed against these first, have been made use of to fit the Soldiers for, and to stir them up unto this last.  
Secondly, because I expect it will be done by some other hand, more able than myself, to observe and relate it.  
Thirdly, because I have not met with any such clamours and misrepresentations of the latter, as against the former, which if I should, I might well forbear answering, there having been some persons of Eminent integrity and ability, ensnared in the business, whom God hath made fully sensible of their evil therein, and will therefore be most fit and able, to give a representation thereof; I refer thee to what follows, and shall rest thine, in the cause of Truth and Justice,  
R. L.   

The Justice of the Army against evil doers vindicated.  
HOw tender the ruling part of the Army hath been in taking away life by martial-law: Is so notorious, it needeth not my testimony; there being not executed to my best remembrance, above five or six, since the General had his Commission, besides these Mutineers.  
And for the first of these, viz. Arnoll, who was shot to death at the Randevouze near Hartford, I shall refer you to the Narration of Captain Bray, delivered in writing to the General, and Council, and subscribed by him, he being then an Officer of the same Regiment, and an Eye-witness of all their miscarriages and outrages; the substance whereof is, as followeth.  

The Regiment being ordered to march to Newcastle, when they came at St. Alban, had the paper called the case of the Army stated read unto them; upon which they resolved unanimously not to march, saying, it was contrary to their Engagement, to be divided, etc.  
The next morning, according to the Orders I had received, I caused the Drums to beat, etc. but few or none would come to their Colours, but they flocked about me, and told me, they were resolved not to march, whereupon I used all the Arguments of persuasion that I could, as many witnesses can testify, &c: But it would not avail, they generally and unanimously seized upon the Colours, and set them in the Wagons, and set a strong guard upon them, etc.  
At a Council of War held at Hockley, I gave my Vote for their marching, it presenting itself, reasonable to me also, etc. I returned from the Council of War, and told them I had received Orders to march, and the reasons thereof, and gave as many Arguments as I could to persuade them, but they combined and consulted together what to do, murmuring among themselves, &c and that night they came furiously into my Quarter, and demanded the Colours of me, but I denied them my Colours, telling them that it was most reasonable, the Colours should remain in my Custody, &c: But they told me, they could not believe any of their Officers; nay, that they could not believe their own fathers, etc. So they went into the Chamber, and fetched the Colours, and set a strong guard over them at the Wagons, etc.  
And when I came to Olney, etc. they all determined not to march further; yet the next morning I commanded the Drums to beat, intending to march according to my Orders, etc. but the Companies came together, and unanimously resolved not to march, though I propounded unto them all the Arguments of obedience and reason that I could; professing, that though I was a friend, and ever would be, God willing, to all just desires, resolutions, and mutual engagements, yet I was an enemy to irregularity. Whereupon they were suspicious of me, that I was an enemy to justice, and the liberty and freedom of the people.  
Not long after, the same day, came more Colours from Northamptonshire, which made them more and more exorable; and by my pressing, I received an affront by a Cavalier, etc. who swore by the Name of God, they must not believe any of their Officers, and that they must fight against Independents, etc. Whereupon I fearing a design destructive to the Army, General and Kingdom, I told them the case of the Army stated, came from such hands who were resolved enemies to such persons, etc. so that I was bound in judgement and conscience to the Nation, and to the General's just authority, to continue with them in this distemper, to keep off that unjust design which I fear persons did endeavour to carry on, whom God hath in some measure discovered, and will more in due time, etc.  
Whereupon they marched back, according to their own determinations, to Dunstable, many of the Horse also having been among them full of distempers, etc. and there they received a Letter, the substance whereof was, that they should stand (as I remember) to their honest engagements for Soldiers rights, and England's freedoms; and the party that brought the Letter to them, told them, the General, and Lieutenant General would not oppose them, though they were not satisfied in the way yet: and these expressions made the Soldiers more and more exorable.  
After that, the Lieutenant Colonel and Major came to Dunstable, and brought another Order from the General, and read it to them, but could not prevail, etc. But the Officers voted, that some of the Captains, with myself, should go through their Quarters with Orders for them to march into Buckinghamshire. But when we came to Luton, we heard the Soldiers had a Rendezvous off and from themselves.  
The said Officers went to Captain Talhursts quarter, and found a Guard set on him and his money, by his own men, and there the said Captains wounded or killed one or two men, and one Lieutenant was also wounded.  
So I parted from the Captains (after we had procured a Chirurgeon) and told them, I would go to the Rendezvous though I lost my own life, (as it was probable enough as they confessed) and give them my Orders received of the Major; and accordingly I came to Dunstable, and read my Orders to my own men in the Town, the Rendezvous being broken up, and gave them all the Arguments that was in me to march; but they told me their general determination at the Rendezvous was, that they would march to Readborne to a Rendezvous; and so they did accordingly, without my consent or approbation, etc. as many witnesses can testify: and that night before they went to St. Albans, they set a Guard upon me and my Colours, etc. and so they marched to S. Albans, and lodged the Colours of the whole Regiment together, and so they went towards Hartford the next day.  
I receiving a Letter from the General upon our march, commanding me and the Soldiers to stay where that Letter should come to us. I told the Messenger, I did not continue with them as commanding them, but to hinder an unjust influence, or the enemy's design upon them, and to keep as much as I could, the General's authority among them, which I was and am tender of. And I communicated my Orders to the Soldiers, and they all cried out, they could not go to that Rendezvous, and that they were betrayed, if they did. Whereupon the Soldiers petitioned the General, who sent me a particular Order to march to Ware Rendezvous.  
William Bray.   
THis Relation of Gaptain Bray I rather choose to make use of, than any of the other testimony, because from him may be expected a more favourable relation then from any other, himself being very much suspected to be an a better, or at least a favourer of the Mutiny: these things following being testified upon oath by Henry Lilburne, John Topping, William Dod, Rowland Stewart, William Hallowes, James Hart, Ethelburt Morgan, and Gabriel Erwood. Most of whom were then considerable Officers in the same Regiment.  
That at a Court of War held at Richmond, after the General had ordered the Regiment to march to Newcastle, he said that it was not fit for the Regiment to march thither, but to stay near London, until the Parliament had confirmed the proposals of the Army, and the freedom of the people.  
And that when the Regiment did march, the Colonel's Company mutinying at St. Albans, Captain Bray did say that it were better for the Regiment to march back, then to go forward, and that if the Colonel's Company would march back, he would march in the head of them.  
And when the Company did return back in a mutiny, he did march back in the head of them, and issued out Warrants under his own hand to the Country, to bring in Horses to draw the Wagons back, when they should have marched forward.  
And the said Captain Bray in the height of the mutiny at Dunstable, did speak to this purpose, That the Parliament were our professed enemies, and that there was no visible Authority in the Kingdom but the General; and that the General was not infallible: His Lieutenant Colonel desiring to know of him, whether he would go to the head of his Company, and acquaint them, what orders he had received from the General, he answered, I shall not: and gave it as his opinion, That the way to get the Regiment to march, was to send a fair letter to the Agents of the five Regiments of Horse, and to get an Order from them.  
Notwithstanding these things, with much more of the same nature, was proved against him, yet he pretending he stayed with them, only to prevent the influence of others upon them, as in his foregoing Narrative, the Court Martial was willing to take the best sense of him they could, & did not proceed against him upon this charge, which they would hardly have done, if they had been so much inclined to arbitrary tyranny, as himself and others have endeavoured to represent them.  
For if the circumstances of this mutiny be impartially considered, what a distemper it wrought in the whole Army, necessitating a general Rendezvous to satisfy the Soldiers, etc.  
What opportunities it gave to evil minded men to put both Army and Kingdom into a flame. Nay, how industrious and active the Cavaliers agents were on the one hand, and our discontented friends on the other (who have always pretended better things than their desperate & bloody endeavours at that time, and often since do demonstrate they intent) there is not any man that ever knew in the least measure, what belonged to the government and discipline of an Army, or of any other well governed Society, but will rather wonder, that every tenth man of them did not suffer, then think such a storm could be allayed with the executing of one man, though they should understand no more of the Story, than what hath been related by Captain Bray.  
Who in his Narrative takes no notice of their insolent barbarous carriage towards their Officers and the Country, which was so horribly wicked and barbarous, that all the Felons which have suffered at Tyburn these twelve months, are not really guilty of so many horrid outrages, as they were in that time toward the Country and their Officers, the particulars thereof are too tedious to relate. Not any of their Officers except Captain Bray, the Quartermaster, and one more, as I remember, durst come near them, some of them being pursued many miles by their own Soldiers, who swore as they pursued them, they would be revenged on them, and did violently take away divers Horses in the Country in this pursuit of their Officers, pretending their Officers were run away with their money, when they were forced to run to save their lives, there being one Lieutenant dangerously wounded by them. And at that time when this man, viz. Arnoll, was executed, there were divers other Officers could not be heard of, and the rest did fear, that they were murdered and made away by their Soldiers.  
And they did not exercise their rage and cruelty towards such in the Country, as were enemies to the cause, they were raised for, and paid to maintain, but on the contrary where ever they came in their march, inquired if there were any Roundheads in that Town, and against them did they exercise their cruelty. Some honest men at St. Albans, etc. informed me, that they were never so used by the Cavaliers as they used them, and did affirm, that if Captain Bray and the Quartermaster had not been with them, who had a little influence upon them, they had been certainly plundered, if not murdered; many of whom have been, and still are, as faithful to the interest of the people, as the highest clamourer against this piece of necessitated justice.  
In this insolent distemper did they march to the Rendezvous, where they were drawn up by their Captain Lieutenant Bray, and there stood with white papers in their Hats, as if they had been going to engage with an enemy. When the General had viewed the rest of the Army, he came to them, attended with his Officers, who commanded them to pull their papers out of their Hats, but they refused. Whereupon some Officers road in among them, and plucked out the papers of some that were most insolent, and then the rest began to submit.  
By this time some of their own scattered Officers were gotten up to the Rendezvous, of whom the General and Officers enquired, who among them had been the principal Leaders and actors in this mutiny, and commanded them as they could espy them, to single them out, and accordingly they drew out as I remember, eight or nine. A Court-martiall being called in the place, they were all found notoriously guilty of particular facts in this business, and were there adjudged by the Laws and Ordinances of war to die; and accordingly sentence of death was pronounced upon them, and afterward referred to a Lot, all pardoned but one, on whom the Lot should fall, which was this Arnoll, who was presently shot to death in the place. And I well remember some of the Officers of that Regiment, did much rejoice in the just hand of God, directing the Lot upon that man, whom they had observed to be more notoriously guilty than any other in this business. The Lot is cast into the lap, but the whole disposing thereof i● of the Lord, Pro. 16.33.  
The next person for whom the Army hath been clamoured against, for their proceedings with, is William Thomson, a Corporal in Captain Pichforts Troop, in Colonel Whaleys Regiment, who was questioned at a Court-martiall in the Regiment, for drunkenness, gaming, and quarrelling, The story followeth: The said Thomson being at a Tavern in Colebrook, after some time spent in drinking & carousing, he fell into play for money; finding himself in danger to lose, he began to quarrel with the man he played with, who perceiving his design, took the stakes into his hand: Upon which Mr. Thomson laid violent hands upon the Gentleman, tore him by the hair, and by force possessed himself of the stakes. In the mean while the Gentlewoman of the House being putting her husband to bed, hearing a great noise of quarrelling below, came running down among them, and endeavoured to part them: upon which Thomson threw her down, kicked her on the face, and most grossly beat and abused the servants for striving to part them. And he being not able to have his will on them himself, goeth away, and not long after returned again with some other of his companions, and in the dead time of the night forced into the house with his drawn sword, wounded three or four of the servants, laid felony to the charge of the Mistress of the House, and two others, for robbing him of 20. l. of gold and silver, took one man away prisoner, viz. William Mouse, threatening him to tie him neck and heels together, if he would not confess his money; notwithstanding by his own confession afterwards he lost none. All which is testified at large against him by Mr. Miles of Colebrook and his wife, Thomas Win-all, and George Wear, and most of it confessed by himself.  
Upon debate of the premises, he was adjudged by the Council of war, to be cashiered at the head of the Regiment the next Rendezvous: which sentence he would not submit unto, but endeavoured to get the Soldiers of the Regiment to stand by him in this quarrel: from which irregular mutinous carriages proceeded that which followeth.  
Upon the 28. of October, the Regiment had a Rendezvous upon Odiam Heath in the County of Surrey, the said Thomson still abiding with the Regiment, notwithstanding he was cashiered six weeks before, and had received several orders to departed the Quarters.  
The Major of the Regiment did there endeavour according to the judgement of the Court, actually to cashier him at the head of the Regiment, which he in a peremptory mutinous manner refused to submit unto. Upon which there was a new charge exhibited against him, consisting of several Articles, the heads whereof are as followeth.  
First, that the said Thomson at or about the tenth of September, 1647. did assume the title of a Soldier in the Army, under the command of his Excellency Sir Thomas Fairfax, and came to the Regiment of Colonel Fleetwood, being at a Rendezvous, and there spoke to and in the hearing of all the Soldiers, several seditious and mutinous words, and delivered several seditious papers, some written, others printed.  
Secondly, he endeavoured to make mutiny in the said Regiment, by pretending he had brought a letter from the Agents of 15. Regiments, and said he came to the Soldiers, and not to the Officers, affirming there were accusations against the Officers of the Army, labouring thereby to make a division between the Officers and the Soldiers, pressing the Soldiers to subscribe his papers. All which were proved upon oath by Captain Griffith Loyd, Captain Gilmond Taylor, and Thomas Scot Trooper, all in Col Fleetwoods' Regiment.  
Thirdly, that upon the 20. of October he endeavoured to make a mutiny in Colonel Whallies Regiment, as followeth, The said Thomson being adjudged by a court-martial to be cashiered at the head of the Regiment, Major Swallow, the Major of that Regiment, required him to dismount at the head of the Reigment; but the said Thomson refused, charging the Regiments Council of injustice, and appealed to the Soldiers of the Regiment for justice, pretending it was against their engagement, to suffer any Soldier to be cashiered without satisfaction, with many more words to this purpose. All which is proved against him by the depositions of Colonel whaley, Major Swallow, Captain Evanson, Captain Dale, Corner Steward, and Anthony Law: All which mutinous carriages, words and actions, comes within the letter, and equitable sense of the eighth Article of duties towards Superiors and Commanders; None shall utter any words of sedition, uproar or mutiny, upon pain of death.  
Fourthly, the said Thomson, after he was cashiered and discharged the Regiment by his Major and Captain, did still continue in the Quarters of the said Troop for above the space of ten days. In all which time he was not enrolled in any Troop, or Company: All which is proved against him by Capt. Floyd, Capt. Taylor, Capt. Pichfort, Benjamin Yates, and Thomas Scot, which brings him within the eleventh Article of Duties in the Camp and Garrison.  
No man that carrieth Arms, and pretends to be a Soldier, shall remain three days in the Army, and not be enrolled in some Company, upon pain of death.  
This charge being thus proved against him, he was apprehended & brought prisoner to Windsor; from whence contrary to his engagement to the Matiall general, he made his escape, and was afterward again apprehended at Westminster, and sent prisoner to White-Hall, and adjudged guilty of his charge by a court-martial, & had the sentence of death pronounced against him according to Law. After which the General inclined to mercy towards him, and reprieved him from present execution, but continued him in prison. But the Army being marched from London, and he left at White-Hall in the charge of a Marshal's man, did there make his escape the second time. Since which time he gathered together a company of men in Arms, whom he quartered upon the Country, calling them his Troop, and they him Captain; with whom he marched to a Gentleman's house in Essex, who had a suit depending in Law with another about a Title in land, whom he by force & violence dispossessed, taking his Tenants and Servants prisoners, driving them before him in miry way in the night, pricking them on with his swords point in a most barbarous and cruel manner. For which he was brought prisoner to White-Hall, sent by the court-martial to the civil Magistrate, who took Bail for his appearance at the Assizes. He no sooner had his liberty, but without cause or provocation, stabbed one Mr. Hayden with a Dagger, of which wounds he is since dead. And within a few days after, he was again taken on the Road, with a party of other men, whom he had deluded into his evil courses; and had found about him a great black Periwig, and a false Beard, which they brought back again with him to White Hall. From whence he was sent in safe custody again to the civil Magistrate, bailed by Lieut. Coll. Lilburne out of prison. And what his actions & end hath been since, is so notorious, I shall not trouble you with the relation of it here. The righteousness of the perfect shall direct his way, but the wicked shall fall by his own wickedness, Pro. 11.5.  
The third person of this number that hath been proceeded against for mutiny, and for whom so many are offended, is Robert Lockyer, a man unknown to me until the time of his imprisonment: since which time I have inquired of him, and have heard a very ill report from the mouths of such, who spoke it with no delight, and yet had cause and opportunity to inquire into, and observe his demeanour: but there being a relation of the proceed of the business against him, with the cause thereof, already printed, I shall not trouble you with any thing of that again; only I must observe to you his unstable demeanour in the time of his sufferings, while he was before the Council, the witnesses giving their testimonies against him viva voce, he could not deny any thing of that which was laid to his charge, but did endeavour to evade it, with such critical cross interrogatories to the witnesses, as discovered more of wit and subtlety, then of godliness or integrity in him.  
The next morning after he was sentenced, he seemed to be very sensible of his miscarriage, and sorry for his fault, and did desire directions, what should be the best way for him to make his mind known to the General, etc. And there being then a Petition drawn, which the other five that were to cast lots, had subscribed, he desired to set his hand to it, and join with them in it; he was advised to be careful what he did, and was told, that it was not a time to dissemble neither with God nor Man, and that the words of the petition which he desired to subscribe, and his former discourse, did not agree. Upon which, having heard the petition read several times to him, he set his hand to it, in which he hath these expressions, That the General would be pleased, out of his wont clemency and goodness, to pass by that unwise and unlawful action of theirs, and give them their lives for a prey; and we do vow and protest before the Almighty God, that we are hearty sorry for our faults, and do promise, as in his allseeing eye, never to do the like action again, nor suffer it to be done, if we can hinder it with our lives.  
Then within a few hours after, there being a warrant signed for his execution, he changed his mind again, as if he had not been the same man, and began to speak evil of his Judges, and the Law by which he was judged, etc. and to justify himself as an innocent sufferer in a good cause, etc. and so continued until he died.  
Now that which I should desire the Reader to observe in this brief narrative of these three men's faults and punishments, is this: First, what ground there is for these great clamours against the Army, for murder, and barbarous illegal proceeding? etc. Have they not all had fair and legal trials, by that authority, which they voluntarily placed themselves under, and submitted to, and that with so much lenity and tenderness, as the most able of those, who have taken Satan's work out of his hand, to be the accusers of their brethren, are not able to produce one precedent of the like. Had the same faults been committed by such numbers, tending to such an apparent hazard of public ruin in any Army, that ever was in Christendom before this, the suffering of every tenth man would hardly have excused them; and yet here was but one man of one thousand in the first, and one out of three or fourscore in the last; and the other, though notoriously guilty, yet spared: and yet here must be murder and barbarounesse and tyranny, laid to the charge of those, who desired nothing less than their deaths, if they could have answered their duty to God and Man, in sparing them their lives. Then stood up Phineas and executed judgement, and so the plague was stayed, and that was accounted unto him for righteousness unto all generations, Psalms 106.30.  
The second thing I desire may be minded in the narration is, what ground the great pretenders of England's liberties can have to think, their good cause is either, interested in, or prejudiced by, the punishment of these evil actions, unless that which was punished in these men, be the liberty they so much contend for, which must needs be a liberty in particulars to the prejudice of the general.  
And for Mr. Lockyer, whom they are pleased to canonize a Martyr since his death, there is less to be said for him upon that consideration, then for either of the other two: for he and those which mutined with him, did not so much as pretend common right and freedom, nor had the least colour of any one grievance lay upon them, except their not having their pay before it was either received by their Officers for them, or due unto them, which is a new grievance never heard on before in an Army. And this is acknowledged by the Author of the second book entitled, The Army's Martyr, page 6. as followeth, Many persons that formerly knew him, came to visit him, much lamenting his sad condition, being condemned for nothing, but for ask his pay, and indeed that was the thing which 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, it would have added much to his comfort, etc. For he knew it was malice that prevailed over him, not justice. I cannot pass by these words, without observing something from them: His friend's lamentation over him is, that he should be condemned for nothing but ask his pay, and his own words are, For contending for his pay. But it was for neither of these that he suffered, for they are neither of them faults.  
A Soldier may lawfully ask his pay of his Officer, and if he deny it, contend with him for it; nay, if he can prove his Officer have defrauded him, or unjustly detained from him one days pay, he may have him punished for it, and that with the loss of his place, by an express Article of war. And I challenge any Soldier of the whole Army, or other, to produce one instance, that ever they appealed to the General, or court-martial, against any Officer, and had not a speedy and legal trial: and if it were useful in this place, I could instance in many hundreds of cases, where the Soldier hath been righted against the Officer, and such extraordinary reparations given, as no Court in England would do between man and man. Nay, in many cases where the Soldier hath causelessly and wrongfully prosecuted his Officer at a court-martial, and yet hath not had the least reproof from the Court, so tender have they been of discouraging the Soldiers in this particular. But if a Soldier shall demand his pay of his Officer before it be due, or when it is due, in a peremptory mutinous way, it is punishable according to the manner and measure of the fact. For it is possible, a Soldier may demand his pay in a peremptory insolent way of his Officer, and yet not deserve much punishment: As for instance, ten, or twenty, or more, may go together to their Officer, and demand their pay of him, if it be due; and admit they will not be satisfied with a reasonable answer, but shall there give him provoking, reviling, nay threatening language, no man will say this is commendable, but , if not punishable; and on the other hand, if no worse consequence attend it, than that Officer and his Soldiers falling out, no man will say, this deserves death. Nay further, if Soldiers shall demand their pay of their Officers upon a march, or at a Rendezvous, or just when they are commanded upon service, in the manner aforesaid, which is worse than the other, yet if they do not refuse to march, or do their duty when commanded, though it come within the Article of war, it is the more excusable.  
But the case of Mr. Lockyer and the rest of his associates, are much different from all these cases: For first, they had no pay due, they having been better paid since they came last into London, then ever they were since a Troop, being themselves before hand with the rest of the regiment, & the regiment aforehand with most of the Army.  
And further, they did not only demand their pay in manner aforesaid before it was due unto them, but refused to march, disobeyed the commands of their Officers, while they unjustly quarrel for their wages before they had earned it, they refuse to do their work, for which they were paid▪ and did not only disobey their Officers commands, but resist them in the doing of their duty, forcibly seize upon the Colours, detain them from their Officers when demanded; and this not done in a sudden hurly-burly, or an heat of blood, but with deliberation, continuing in this posture near two days and nights, gathered themselves together into a strong house, and there kept it against their Officers. When their Colonel and Officers came in love and pity towards them, persuading them by reason to consider with themselves, what sad events must follow, if they necessitated them to use extremity; putting them in mind, how comfortably they had ventured their lives together against the common enemy, promising them all they either did or could desire, if they would be ruled, and march after the Regiment. But all this would not prevail, Mr. Lockyer with some other of their Leaders, furnished them with arguments to trample upon, and insult over clemency. For when their Officers, (I mean their Colonel and Major, and 2 or 3 Captains of the Regiment) had granted them all that they could think to ask, they then told them in plain English, they had been too long fed with words, they had trusted them so often, that they would trust them no more. And all the while they thus capitulated with their Officers, they stood drawn up in Galleries and Windows with their Swords and Pistols, as if they had been treating with an enemy, and did not submit, until the yard was a clearing, to make way for the Horse and Foot to force them.  
These things considered, with the circumstances of time and place, if the Lord had not wonderfully prevented it, by awing the hearts of a discontented popular multitude, it might have proved as bloody a day to that great City, and more fatal to the Kingdom's interest, than ever yet England saw, or thought of.  
The next thing observed out of those words quoted of his, is this, Which as he often said, had it been for the freedom and liberty of this Nation, it would have added much to his comfort.  
Truly I cannot blame him, If ye suffer for righteousness sake, happy are you, but let none of you suffer as an evil doer, or a busy body, etc.  
I hope there was not a man that had a hand in punishing him for his miscarriage, but would rather have suffered with him in so good a cause; but it is clear out of his own mouth, his conscience told him, he did not suffer for those things: and if not, how come the great pretenders for England's liberties and freedom, to glory so much in his suffering? Is it an honour for a man to suffer as an evil doer, because he is a good man, or rather the more shame? He that knows the father's will, and doth it not, shall be beaten with many stripes. The more able and rationally principled the man was to promote good things, the more he was to be pitied and lamented, but the less to be gloried in.  
But this kind of spirit at the latter end of the first war, raged in our froward discontented brethren of the Presbytery, they having a jealousy, though without cause, that the ruling part of the Army discountenanced men of their judgement and principles merely for being such, they presently began to be very inquisitive into the Armies proceed against offenders. After which the Army could not proceed against any Officer for the vilest offence, that could be committed, were it plundering the Country, cheating the State, or his Soldiers, drunkenness, swearing, etc. or for being countenancers of such persons, or things, but presently they were said to be persecuting Presbyterians: and so now, let Soldiers commit never so great offences, as Arnoll aforesaid, and afterward stick a paper in his hat with this motto, Soldiers rights, and England's freedom writ upon it, and that must be like a Pope's Bull to pardon all their faults.  
And so for Thomson, let him drink, and game, and quarrel, to the scandal of the Army, beat, fright, wound the country people, hale them out of their own houses captives, like dogs through the dirt in the night, for no other fault but endeavouring to keep the peace of their own houses. And after all this, pretend to common right and freedom, and then all proceed against him must be barbarous and tyrannical, etc. Remember, He that justifieth the wicked, and he that condemneth the just, are both an abomination to the Lord, Pro. 17.15  
The third thing I must needs take notice of in his own words afore quoted, is this, For he knew it was malice that prevailed against him, and not justice.  
How little ground himself or any other had to think so, was not hid from themselves, and I desire it may be known unto others.  
First, as I apprehended, the man was a stranger to all his Judges, not one before that time had ever seen him, so as to remember him, if ever they had heard of him: for I observed it every time his name was taken notice of in the evidence, the whole Court desired to see which was that man, at least 3 or 4 times over, though he stood in their sight all the time; and all the Officers of the said Regiment, from the highest to the lowest, were desired to withdraw at the time of the debate, and came no more there. So in whose heart that malice should rest that overcame him, is left to be judged. But as it fared with Cain after he had murdered his brother, he thought every man that met him would murder him; so doth it with malicious evill-minded men, they think every man that opposeth them in their wickedness, bear hatred and malice towards them; whereas I am confident, the Lord bears witness to the consciences of this man's Judges, that if by sparing his life, they should have hazarded the ruin of none but themselves, they would have chose to have done it with joy, rather than have executed him. But the integrity of the upright shall guide them, when the perverseness of transgressors shall destroy them.  
Obj. But grant you, the fact was never so foul, and the offenders never so guilty of it, yet the way of your proceed against them, is illegal, you trying them by Martial law in the time of peace, it being contrary to Magna Charta, and the Petition of Right, etc.  
Ans. Truly, for Magna Charta & the Petition of Right, I never read more of them, than what I have seen printed by L. Col. Lilburn, etc. in their papers, in which I have observed a great deal of opposition to Martial Law in times of peace, as in C. Brays, Thomsons & Lockyers case, yet I could never find it any way made good, that those things which were charged against Strafford, & others in that point, were for their proceed against Soldiers under their immediate command and conduct, and for such actions as their being soldiers, made them more capable of committing, then in another capacity could have been. If so, I must confess, I could never clear it up to my own judgement, that those laws in that particular, do provide for the people's weal, but for their woe: those laws in that case, do neither provide for Soldiers rights, nor England's freedom. As for instance, Would the Soldiers account it their right, to be liable to actions at the Common law for every trivial offence, which oftentimes their employments, as Soldiers, doth necessarily put them upon towards countrymen, would their small pay enable them to attend the tedious trials at law, oftentimes far distant from their quarters and business, in chargeable Courts, where they are necessitated to plead by counsel? Or would they be willing to be liable to indictments at the Size and Sessions, and there enjoined attendance for every suspicion a countryman could have against him. For to be sure, if there were any mischief done by a man in a red coat, with a sword by his side, the next Soldier the hue and cry overtook in that habit, must needs be suspected, & there to be triable by twelve of the neighbourhood, where the offence is committed, though himself be never so much a stranger in those parts. And all the knowledget, the Jury could have of him, would be, that he was a Soldier, which would hardly procure him more favour than is allowed to vagrants in such cases.  
Again, would the countryman account it his liberty to be liable to the injuries and violence of Soldiers, and have no other remedy against them then the common Law? What Bailie, or Officer, would undertake the serving of a Writ on a Soldier in an Army, for his ordinary fee? And in case some would, and the Soldiers should resist, and protect one another, and in a mutinous manner beat or abuse the Officer, the plaintiff hath no remedy still, but the common Law. For it would be arbitrary tyranny in an Officer to exercise any power over the Soldier in times of peace, so much as to rebuke or punish him for neglect or disobedience: and what an Officer would signify in an Army, or an Army in Kingdom thus disciplined and governed, I desire the prudent to consider; and what a multitude of such inconveniences, attended with many unsupportable evils and burdens, both to the Soldier and Country, may be enumerated, I leave to your consideration.  
2. Obj. But if it be granted, that there is a necessity of Martial Law in an Army, yet why should it be so arbitrary and sharp? why are not puishments more proportionable to offences?  
Ans. I could hearty with this objection might be answered by amending & correcting what is amiss in that kind, which hath often been desired and propounded to be done by the ruling part of the Army; only want of opportunity hath prevented it, yet I must say this in answer unto it, That if any Soldier in the Army, or other can produce one precedent, where the letter, or rigour of the Article hath been made use of against one man, when the equitable sense and just & favourablest meaning of the Article hath not been included in the fact, there will be some ground for this objection to be made a present grievance; but I am confident of the contrary.  
And further, if any man will bestow the reading of them over, which he may do in an hour's time, he shall see, that the sharpness of the Articles ●n wholly in the behalf of the freedom and liberty of the people, and against the oppressions, violences and outrages of the Soldiers, which is the most comfortable and choice freedom, that people can enjoy in time of war, or where an Army lies in time of peace.  
Ye have wearied the Lord with your words, yet ye say, Wherein have we wearied him, when ye say, every one that doth evil is good in the sight of the Lord, and be delighteth in them, or where is the God of judgement? Mal. 2.17▪  
The Lord is known by the judgements, which he executeth, the wicked is snared with the work of his own hands. Psal. 9.16.  
FINIS.