THE RIDDLES UNRIDLED OR, An Answer by way of Depositions of the Free-Commons of ENGLAND, to Nine proposals, by way of Interogation to the general Officers and Souldiers in the army. WRITTEN For Vindication of the Army, from the unjust Aspersions of being mercenaries, and from the scandalous imputation of Rebellion. Injuriously charged upon them by the author of those Seditious proposals. 2 Tim. 2.23, 24. 23 Follow righteousness, faith, Charity, peace, with them that call on the Lord with a pure heart. 24 But foolish and unlearned questions avoid, knowing that they do engender strifes. Deut. 31.6. Bee strong and of a good courage, fear not, nor be afraid of them, for the Lord thy God, he it is that doth go with thee, he will not fail nor forsake the●. Printed in the year 1647. AN Answer to the following proposals OR Interrogations, by way of Depositions, or Satisfactory Reasons, alleged by the free Commons OF ENGLAND: 1. TO the first Interrogation these Deponents do say, That they are persuaded in their Consciences, and do verily believe, that a clearer, and better light then that which taught both Houses of Parliament in the beginning of this Parliament (a) See Vote● of 20 May 1642. & 6 Jun. 1642, Book declare. p. 259. & 306. ( viz. That the King seduced by evil council, intended to make war against the Parliament) to take up arms, and to levy war against the King upon bare fears and jealousies, without any apparent act or evidence that he intended to introduce Arbitrary power, and to govern by his Will, and not by the Laws, hath guided and instructed those Noble Heroes, Sir Thomas Fairfax, lieutenant general cronwell, and the other godly Officers, Souldiers, and Saints of this Army( Ironically so called by this Scepticall proposer) by Gods divine Providence to seize upon the King, to prevent the destruction of that sacred person,( which they have all this while pretended to fight for, to redeem him for his safety forth of the hands of his evil Counsellors, and to bring him home to his Parliament, and to mary and reunite him again to his imaginary Office in both Houses, though in the mean time they kept him prisoner at Holmeby) to prevent the destruction of that sacred person intended by some of both Houses of Parliament, for the maintenance and supportation of their own ambition, injustice, avarice, and cruelty, and Englands destruction, which they in their wicked imaginations have hatched and contrived for their own particular advancements, and the kingdoms ruin. And the Army came so near to London, onely to awake the City, that they might not longer drink of the cup of violence, and sleep the sleep of gidd●nesse, or give ear to the fantasies of their filthy dreamers, that despise the dominion of their King, and speak evil of dignities, but to give them a faire warning, that they may in time provide for the things that belong to their peace, in joining with the Army to restore his Majesty to his just rights and prerogatives, the kingdom to its desirable Liberties, and the people to their native rights and properties, so much trampled upon by the accused, or rather accursed Members and others, contrary to all Law and Justice, and to the trust reposed in them by the free people of England, who choose them, and sent to Parliament to consult, and act for their weal, and not for their woe, as by their own Declaration is acknowledged, which since they have not done, the Army according to their engagements, and their Generalls Commission, have done nothing, but what in Honour, Justice, and Loyalty, b●longs to them in preserving of his Majesties person to brin● him up to sit in his Parliament in due time, both for the settling of the Peace of this kingdom of England, and for an effectual and vigorous relief of Ireland, without which neither of these can be established, nor the warres ended. Neither is the Army obliged; nay, ought not to disband, It being the proper office of the Army, and the end for which the first arms were raised by both Houses, according to their own Declarations, (b) See the Propositions of Lords and Commons, Dat. 10. Junij 1642. book decl p. 342. See Sir Tho. Fairfax Ordinance whereby his Army was r●ised. book of Ordin. p. 599. 15 Febr. 1644. to maintain the Protestant Religion,( not Presbyterian) the Kings Authority and his person in his royal dignity, the free course of Justice, the Laws of the Land, the Peace of the kingdom, and the just privileges of Parliament against any which shall oppose them, even against the Members themselves. And whereas by this first propos●ll it is enquired whe●h●r, and asserted that the Army hath enforced the houses to recall and anull their own votes, against their judgements, conscience, Honour, and common Justice, we say, we are hearty sorry that it is our ill hap to be governed for the present by such men, who h●ve renounced their judgements, consciences, Honours, and common ●ustice, and shall therefore take it for a great deliverance to the people of this Nation, that the Army would assist the free commons of England to remove those men who have departed so much from their judgements Honours, consciences, and common justice, as men unworthy to sit at the helm of a kingdom, and to sand others (c) maxim virtue is et maxim intellectus as Parliament men ought to be. Cook Instit. 4. part. p. 3. fitly qualified for pablique business to sit in their rooms,( who may aid the King in the Government of his people with their best advice, as councellors, not by way of command as Masters or Regents) even such men as shall bear more regard to honour, consciences, and justice, then those that now usurp the place. And we conceive that the Charge against the el●ven Members is neither so general nor illegal, but that it ought not to be refrained, but is as warrantable by the Houses own rules as that against the earl of Strafford, the Arch Bishop of Canterbury, or Master Justice Barkley, and therefore in all reason ought to produce the same effects of suspension from the house and confinement to these accused Members as the Charges of those men did unto them, for ubi eadem Ratio, ubi debet cadem lex esse, is a maxim in Law, Vide Mr. Saint Johns arraignment against Strafford, p. 4. 5 Vide Mr. Syms speech made in the Lords Hou●e against the earl of Strafford 12 Ap●. 1 41. and we well remember that the earl of Strafford, the Arch Bishop of Canterbury, Mr. Justice Barkley, and others, Members and Assistants of the Houses, notwithstanding they had been committed to the Black-Rod and afterward to the Tower, had not any particular Charge brought in against them for many monthes, nay some of them for many yeares after their Commitment, but only this general Charge, That they intended the subversion of the laws of the Land, and to introduce an Arbitrary and tyrannicall Government, which was the effect and main of all that w● alleged against them though long after their Commitments, some formal Articles were brought in against them, which was held more superfluous then necessary in the earl of Straffords case by Mr. Saint John * 〈…〉 Argu●●●● p. 4. as by his Printed Argument appears where he delivers for Law, that it was altogether irrequisite in that manner of trial of the earl,( which may fall out to be the accused members cases) that there should have been any Articles or Charge at al, neither doth the Bill of his Attainder express any causes of his Attainder but the general heads: nay Mr. Saint John goes further, that in that manner of trial by Bill, private satisfaction to each mans conscience is sufficient, although no evidence had been given in at all, when we therefore consider, that the Charge against these eleven Members is presented unto the Houses under five heads are reduced into five Articles, the first of which contains that these Members have endeavoured or infringed to overthrow the Rights and Liberties of the Subjects of this Nation in Arbitrary violent or oppressive ways, to delay and obstruct Justice; The second, their endeavour to endanger the Peace of this kingdom, and retarding the relief of Ireland; the third to prejudice the service of Ireland; the fourth design, to raise new forces to advance and carry on desperate designs of their own in England, to the prejudice of the Parliament ●nd public, and endeavouring to Lift and raise forces without Authority of Parliament. 5. That they have invited, encouraged, and provoked divers Reformadoes to offer violence to the Houses and by such violence, outrages and threats, to enforce and awe the Parliament, we cannot in our most sober or serious Consideration, either find out any generality in this charge which was not much more universally alleged in those of Straffords and Canterburies; neither can we find any illegality in this Charge comparing it with theirs, either in the matter or manner, unless we should apparently and too palpably condemn both Houses of murder and injustice in their proceedings against those peers, and therfore in Charity to their former proceedings,( and to this Philologer who stiles this Charge against the Members general and illegal, and yet was a chief prosecuter of Canterbury upon a more general and illegal as wee suppose) we will for present admit their proceedings against those dead persons to be legal, And we are of opinion, * See 7. H. 4. f. 35. 2. H. 7. f. 15. 5. H. 7. f. 4. & 6. 30. H. 7. f. 20. 38. E. 3. 6. 24. E. 3. 9 11. E. 4. 4. 14. h. 8. 16. 27. h. 8. 23. that a general accusation is a sufficient ground in Law to secure the person of an offendor,( where an offence is committed) that he may be forth coming to answer Justice, though not to convict him of the offence, for if he should not be secured upon a general, he may before the particulars prepared and the witnesses produced, withdraw himself from the hand of Justice, as the eleven accused Members lately sought to do by their request for Passes to transport themselves beyond the Seas, which could be to no other end, then being conscious of their own guilt to avoid their punishment. And whereas this proceeding of the Army is supposed to be contrary to the privilege of Parliament and the Law of the Land, we say that there is (e) Rot. Parl. 17. F 4. nu. 6. Rot. Parl. 8. h. 6. nu. 57. 21. E 4. fol. 38. 39. Co●k Inst. 4 part p 25. no privilege of Parliament allowable by the Law of the Land to a Member of either House accused of Treason. The Parliament ought to punish not to protect Traytors, It is agreeable to the Honour and dignity of Parliaments to execute not to obstruct Justice, That is no privilege of Parliament that is not just, to protect Members accused of Treason, will rather induce a suspicion of an equal guiltiness in those that protect them, then a reputation of Honour and Justice in the protectors. It is more just and agreeable to the end for which Parliaments were ordained, to secure Persons accused of Treason then to excuse them, (f) Rot. Parl. 36. E 3. & 50. E. 3. Cook Instit. 4. part p. 9. for Parliaments are ordained to be held for the Honour of God and holy Church, for the execution of Justice and quietness of the people, And it is most just that those members accused should be sequestered and suspended from the House, for if they should b● admitted to sit in the House after their impeachment, they should be both Judges and parties which is contrary to all reason and Justice; (g) Doctor ●onhams cook 10. Reports 8. b 6, 21. 5 Eliz. Dier 220. Sir Nich. Bacons case. for if an Act of Parliament were made that a man should be a Judge in that cause wherein he is a party, it were a void Act of Parliament as being repugnant to common right, no man ought to be a Judge in his own case, h 21 E. 4. f 47. for no man can have or ought to have conusans in a plea wherein he himself is conceived Neither do we conceive that the Army hath dealt either disloyally with the Parliament or prejuditially to the kingdoms good in requiring the Houses and City to forbear to list or raise arms, or by making any of those demands specified in their Letters and Remonstrances to both Houses, especially that of the 23. of June 1647. for we say positively that wee were so far swallowed up in the gulf of devouring tyranny under this new Government, of a perpetual Parliament, a great part of whose Members are as judas saith Verse 12.13. Clouds without water, Raging waves of the Sea, fomeing out their own shane, wandring stars, to whom is reserved the blackness of darkness for ever. That most clearly we conceive the Army have no cause at all to repent their doings but to proceed to reform these pretended Reformers who have only sought themselves and not the public good of the kingdom. 2. To the second we say, that the Vote of the House of Commons on Friday the 25. of June, which rather tends to obstruct, prevent, and forestall the just Charge, accusation and Proceedings of the Army against the 11 Members, then to the acquittal of the parties accused, doth not any way oblige the Army either in honor or justice, to give the house or injured Members, as they are styled, any reparation at all, nor that the Army should deliver up their accusers, before the accused Members have purged themselves of the Crimes objected against them; for if the Members be guilty of those offences laid to their Charge, the accusation is no injury unto them; and whether they are guilty or not, their trial will show, Actori incumbit onus probationis, the proof of their guilt lies upon their accusers, whom to deliver up before they have given their evidence, were contrary to the Law of the Land, and a manifest obstruction of Justice. And to suffer the Members accused to sit in the House after such a Charge, is contrary to the Law of the Land; for no man ought to sit as a Judge in that Court where he is accused of a crime punishable by the Law in that Court where he sits as Judge, until he hath made his purgation, therefore the Members ought to bee suspended the Houses till they have cleared themselves, lest in their own causes when their accusations shall be there red against them, they sit there both as Judges and Parties. Quod legi contrarium est. 3. To the third we say, that the Armies Declarations, Papers, and Charge against the House and Members, nor their demands, concerning such as have deserted the Army, nor for their just pay, nor the suspension of the Members, nor the removing of the reformadoes from the City, nor their demand of the Houses and City to forbear all listings, and raisings of new Forces, or drawing together of any, and all preparations towards a new War may be effectually declared against, and suppressed, and their desires of Voting the Kings not coming nearer to London then the Quarters of the Army, are neither dishonourable, unjust, nor unreasonable; but in Honour, Justice, and Prudence to be insisted upon by the Army: Who are not mercenary, as the proposall-monger would have it; but free born Subjects of England, and men as far interested in the public liberties of the kingdoms, and as inheritable to them as any Member of the Houses; mercenary Souldiers are foreigners, or people of another Nation, hired into the kingdom to make a party, as the Scots were, not such as have equal rights to the liberties of the kingdom with the Members their Trustees; neither are this Army in rebellion to the Houses,( as this petty Proposall-Jugler would seem to infer by his Scripture insinuation of Rom. 13.1.) for there the Apostles Precept, Let every soul be subject unto the higher powers, for there is no power but of God: The powers that be are ordained of God, proves not that the House of Commons are greater then their Trustees that sent them thither; but if it be lawful for Peter to examine Paul, without a breach of privilege of one or both Houses, he enjoins thus, 1 Pet. 2.13, 14. Submit yourselves unto every Ordinance of man for the Lords sake, whether it be unto the King as supreme, or unto Governours, as unto those that are sent by him; for so is the will of God: so that if the Army submit to the King, they have performed the Apostles Injunctions; and may, by the Apostles rules, be less supposed to bee in Rebellion then the two Houses, who will not submit nor aclowledge the King to be supreme; but until they do, the Army by nor Law of God or man is bound to yield them obedience, especially in things against the public good and prayer of the kingdom; neither can the Houses without manifest dishonour and accusation to themselves call these Demands of the Armies fruits of Rebellion, or our Object Rebellion to them; For Turpe est doctori cum culpa redarguit ipsum; It is a shameful thing to object that for a ruin to another which a man is himself guilty of: Now for these Demands of the Army, they are most reasonable and just, Salus populi suprema est lex, was the Houses Motto against the King; when they levied arms they said their chief aim was the health and preservation of the people; the Army is so now, there are a generation of men in the Houses, that would run riot upon the laws, raise new Forces to engage the kingdom in a new war, under pretence to relieve Ireland, as the Lord Wharton did in the beginning of these late troubles: to prevent these ends, the Army demands Justice against the accused Members, and such as desert the Army and their trust, refuse to disband till peace be settled in the kingdom, and in the mean time demand their pay, and the dispersing of such reformadoes, as may prevent these Honourable, pious and just purposes. This is styled Rebellion in the Army, by such as hate to bee reformed; and they mercenaries, because they demand their pay. But their ends are lawful and just, and their intentions glorious; Id semper justum est quod omnino est necessarium; That is always just, which is altogether necessary, it is altogether necessary for the preservation of the kingdom to root out those that would begin a new war, and to establish a firm peace: And therefore the undertaking of the Army, in pursuance of these ends is most just and honourable. 4. To the fourth Interrogatory, we say that we know not of any English or Irish Souldiers now listed in the Army, that hath heretofore born arms against the Parliament, for such as were listed under the Lord Goring, or any others by the Kings Commissions were listed, engaged, and taken on for the defence of his Majesties royal person, the maintenance and preservation of the known and established laws, the just( not the unknown unlimited Arbitrary) Privileges of Parliament, and Properties of the Subject. And if any such are now listed under Sir Tho. Fairefax, who heretofore served the K, we know not that they can be employed for better ends then what they formerly were engaged to maintain; and we doubt not but they will prove faithful to this pious, religious, and victorious Army, shall employ them in, for restoring the almost lost laws, and Liberties of the kingdom, and to punish those Malignant, and exorbitant Members of both Houses, who are such as Paul writes of, Rom. 1.29. Being filled with all unrighteousness, fornication, wickedness, covetousness, maliciousness, full of envy, murder, debate, deceit, malignity, whisperers, back-biters, haeters of God, despiteful, proud, boasters, inventors of evil things, and disobedient to parents; without understanding, Covenant-breakers, without natural affection, implacable, unmerciful; who knowing the judgement of God,( that they which commit such things are worthy of death) not onely do the same, but have pleasure in them that do them. These are the true Malignants. And wee say, that those that did formerly serve the King, Books Decl. p. 10●. The two Houses aclowledge the King to be head of their body. Cook. 10. Reip s. 133, 124. Cook sue lithe. fol. 109. b. did not serve against the Parliament; for we hold that the King is a part of the Parliament; for the Parliament consists of the Kings, Lords, and Commons: And therefore it is a malignant imagination of the Pamphleter, to suppose that those that served the King in the late war, fought against the Parliament. 5. To the fifth we say, that we know not whether any Anabaptists or discontented Sectaries have repaired from London and other parts to, and have been listed in the Army: Nei●●er do wee know that all those that will not take the Scottish illegal Covenant, and submit to Presbytery, bee to bee accounted Anabaptists or Sectaries; but if any such be, they are but such as they themselves heretofore employed; But sure we are, that those that are now-a-days styled Sectaries, are of a more lineal extraction from the true Reformed Protestant Religion, then those that either are descended from the Presbyterian Bull of Geneva, or the Scottish melted calf the Directory: And wee are very confident that they will show themselves better friends to Kings, Parliaments, and all just Government, then the Law-destroying, King-selling, and imprisoning English-Scotized Presbyters have done; for we believe they will neither beat, starve, nor imprison him for his good, nor take away all his power and revenue from him to make him a glorious King, and justify all their Robberies and Rebellions against him by their Covenant, because he is not in the maintenance and preservation of the true Reformed Religion, viz. the Scotch presbytery: and as touching their love to Parliaments, it cannot better be shown then in purging out the ill and rotten Members, in calling to account the great receipts of the kingdom, in compelling them to do Justice, to judge the Widow and fatherless, and to hear the cause of the oppressed( which we believe few can say these Houses have done since their first sittings) which is the onely way to keep and preserve Parliaments in the honour and esteem of the People, and to maintain Justice in the Land: And therefore no doubt but they deserve their free Quarter and pay better then those old cashiered reformadoes that care not what becomes of the kingdom, and the Peoples Liberties, so they may be continued in pay, and get their arrears, let the Parliament devour the People, or the People worry the Parliament, what care these old Souldiers, so they can get money by the bargain? so that wee conceive it better to continue those new levied men who stand for the peace of the kingdom, and good of the people in general, then to disband the old Presbyterian Souldiers, that know as well how to plunder as to fight; and both well enough too for their own advantage. 6. To the sixth, we say, That those that labour for the preservation of the public liberty of the kingdom deserve to be paid; The labourer is worthy of his hire before he be dismissed, neither ought they to disband till their work be done; No man having put his hand to the Plow, and looking back, is fit for the kingdom of God: they are our Saviours own words, Luk. 9.62. Every man fees, that the Votes to disband the Army were but so many fetters to enslave the Kingdom. And in answer to that part of the Interrogation, Whether the general, and all other Officers Commissions, being conditional to observe and obey the direction of both Houses of Parliament, &c. be not absolutely forfeited and made voided in law by their late disobedience to, and attempts against the Houses privileges? And so they are become rioters and Mutineers, whom all men by law and justice are bound to resist and suppress, and their quartering no better then trespass or plunder, if not worse by the law of God and man, of which they can expect no Act of Oblivion from the Parliament, whose authority they resist, &c. We say, That if the general and Officers have forfeited their Commissions, we know where they may have better then the two Houses can give them; which Commissions, will take away the scandals and imputations of being rioters and Mutineers, neither will they need any Act of Oblivion from the Houses when they have a more warrantable power by the * See stat. 11. H. 7. c. 1. Law to depend upon for their protection: But according to the two Houses own assertions we affirm, That the two Houses having departed from the equity of the Law, in prosecuting and maintaining the good of the people and safety of the kingdom, relying merely upon their own particular unlimited privileges for their private ends, which is the Letter of the Law; The general and Officers may lawfuly disobey their illegal commands in order to the preservation of the peace of the Kingdom. For say they, Book Decl. p. 150. book Decla. p. 150. when there is appearance or grounded suspicion, that the letter of the Law shall be improved against the equity of it( that is, the public good of the body, either real or representative) then the Commander going against its equity, gives liberty to the commanded to refuse obedience to the letter; It is the execution of laws, according to their equity and reason, which is the spirit that gives life to authority, the letter kills: This is their own theorem, therefore the Houses failing in their duty, the general, Officers and Souldiers, may by their own principles and rules of Reason disobey them, and neither forfeit their Commissions o●● incur punishment: And as to that part of the same Interrogation, which demands whether the city may not raise arms to defend themselves from Violence and Plunder, and to suppress Tumults, wee are confi●ent there will be no cause, for it cannot b● presumed by any indifferent judgement, that this glorious and Religious Army, that onely seeks the good and Peace of the kingdom, and which without that, valves not all the Treasure of it, will act or attempt, if they had power, any such unjust, oppressive course upon the city, and wee may the rather be induced to believe it, because wee have observed their detestation and hatred to the late Sale of the King, and their refusing to accept of even their own pay without a general settlement of the kingdom in Peace. And as touching Tumults, wee are confident, none will be raised by that party they call Independent in the city, but if any be, it will be by the Presbyters, who under pretence of suppressing Tumults will practise to raise men, to hinder the just and honourable designs of the Army for the establishing the Peace of the realm. And whereas another doubt is made, whether the pretence of sending for foreign Forces be not a false charged and scandalous to the accused Members; we say, that we are credibly informed that the Earl of Dumfermling went into France to Prince CHARLES, to entreat his Highnesse, and if possibly, to have inveigled him to have gone over into Scotland with him, and assured the Prince that if he would go all Scotland should rise as one man with him, to come into England with him, to make an invasion here, for the establishing of their Presbyterian designs; but the Prince with great affection to the English Nation, for which we owe him eternal honour and memory, answered, that he loved the English Nation too well to bring such calamities upon them, saying moreover as we hear, that the Scots had sold his Father already, and he would know what price they would set upon him in Scotland before he would go thither, or what price a Prince of Wales was of i● Scotland, or words to that effect; And we could tell of some others invited into this kingdom to make war here, which we shall hereafter deliver in due time. But whereas this proposall-monger makes it a question, whether the two Houses ought not to inflict condign punishment upon Sir Thomas Fairfax and Lieutenant general cronwell, and the rest of the Officers of the Army for their pretended disobedience, we advice this proposer, to wish them not to sell the bears skins till they have caught the bears. 7. To the seventh we say, that we believe that the signory in the Army will obey their general and Officers in all things, tending to the preservation & good of the King & Kingdom, & will acquiesce with their resolves, not marching nearer to the City, without giving notice to the Parliament and City and just reasons for their march, viz. the safety and preservation of the King and kingdom, or eradication of Arbitrary and Tyrannicall power in a perpetual Parliament. And they further say, that the general and Officers are not bound to command the Souldiers to retreat and disband, before their work is done, no not so much as the new recruits, unless they have a mind either to have their heads chopped off when they have partend with their arms and power, or disband these new recruits, their faithful friends, that come in to them to their help, to do the work of the Lord in the day of their trouble, and admit such as the Houses will raise for them, to divide and betray them, that they may take that revenge upon them, which this Pamphleter in the foregoing proposal says they will and may do: And we are of opinion that the Army notwithstanding, that they call themselves the Parliaments own Army, which intruth they are, as the word Parliament ought to bee taken, for the King, Lords and Commons, ut supra, or as this Philologer will have it, the general, and four or five Members of the House of Commons, and 8 or 9. Gentlemen and tradesman raised to places of command by the Warres, may and in conscience ought to prescribe the two Houses of Parliament to do justice, suspend their own Members, recall their Votes, banish Reformadoes, and do what ever else is necessary for the good of the kingdom, even by the Houses own principles, as they did to the King, * See the Petition to the K. at Teobalds, Mar. 1. 1641. B. Decl. p. 92. ●ecl .. 2. Mart. p. ●7. witness all their Petitions to the King, and Declarations and Remonstrances to the people, † Decl. May 2● 1642. p. 207. Juve●al. It being a law as old as the kingdom; That the kingdom must not be without a means to preserve itself, which means is now in this Army, and what though they are but few, and some of them but Gentlemen and tradesman, wee cannot think them the less worthy for that, but honour them the more for their virtues, * Nobilitas sola est atque unica virtus, virtue only is true Nobility. Titles honour not men, but men their Titles. * Prov. 19.1. Nay Solomon tells us, that better is the poor that walketh in his integrity, then he that is perverse in his lips, and is a fool; Such as is to be feared this Pamphleter is, who would divert the ways of this Godly and Religious Army from their just lawful ways, both by scandalising their actions with imputations of being mercenaries, Rebellious, rioters, Mutineers, nay Hypocrites, blasting their just enterprizes with the name of pious frauds, a word onely fit to bee applied to their classical, synodical Congregation, Conventionall, provincial, and national Presbyterian Cheat. 8. To the eighth wee depose and affirm, that wee are very well satisfied in our opinions, that all Acts, Ordinances, Votes, and proceedings in this present Parliament, obtained by Force, Violence, Insurrections, and Tumults bee invalid, repealable, and ought to be utterly nulled and repealed both in point of Justice and equity; and herein wee agree in judgement with the Proposer; See 5. R. 2. c. 6. and that according to the Statute of 5. Rich. 2. cap. 6.( which is the most ancient Statute by him cited, that we can take notice of in his proposals, because of mis-quotations or mis-printing of his Quotations) all manner of Obligations, Releases, and other Bonds made by compulsion Duresse and Manasse in the time of Riot and rumour against the laws of the Land, and good faith, ought to bee wholly adnulled and holden for void. And that all Entries made in Lands or Tenements, and also Feoffments made in times of disturbance by compulsion, Manasse, or otherwise with force of people against the Law shall bee void and holden for none. These are the words of that Law; wee agree likewise that the Indictments, appeals, Fursuits, Accusements, process, Judgements, Executions, and Forfeitures made, given, or ordained in the Parliament held 10. & 11. Rich. 2. 10. &. 11. R. 2. against the Arch-Bishop of york, the Duke of Ireland, the earl of suffolk, and others in that Statute mentioned, for adhering to, and taking part with the King, being made and presented by force of arms, and procured by tumult in that Parliament, upon a pretence to remove them as evil Councellors, were voided and ought to bee repealed.( And the rather because Sir * See Cooks In●tit. par. 2. p. 12. Edward cook, a learned Father of the Law delivers his opinion, that to levy war against the King upon a pretence to remove his evil counsellors, or until he hath yielded to certain demands, is High Treason) and therefore the same judgements were repealed and justly made voided by the statute of 21. R. 2. c. 12. And we are likewise of opinion, according to the words of the Statute of 31. H. 6. c. 1.( a Statute likewise cited by our Pamphleter) That all Inditements under power of Tyranny, Rebellion, and Stirring, had, See 31. H. 6. cap. 1. ought to be of no record nor effect, but voided in Law; And that therefore it was both wise and just in that Parliament, to declare, That all Petitions delivered to King Henry the sixth, in his last Parliament holden at Westminster the 6 day of November, in the 29 year of his reign, against his mind, & by him not agreed, should be taken & put in Oblivion and out of remembrance, undone, voided, adnulled, and destroyed for ever, as a thing purposed against God and Conscience, and against his royal Estate and pre-eminence, & also dis-honourable & unreasonable. These are the very words of that Law. Another Statute is cited by the same proposer, which is the Statute of 17. E. 4. c. 6. which indeed is c. 7. and is nothing but a repeal or abolition of an Act made in a Parliament, summoned by Henry the sixth, in the 49 year of his reign, as being unlawfully assembled, and prejudicial to King Edw. the fourth, his Noble Issue and posterity, and their inheritable succession, and for the preservation and surety of all the Lords, Noble-men, Subjects and servants, that had adhered unto him in his Warres. Wee cannot upon consideration had of these several Acts of Parliament, see how the Author of these proposals,( whose endeavour is to blast the reputation of Sir Thomas Fairfax and the Army, with the stigmaes or brands of rioters, Mutineers, Rebells, and Jack Caedes) can makes use of these Statutes in order to those base ends; But on the contrary, we discern that the two Houses have little cause to give him thankes for mentioning those laws, because they seem manifestly to prove and declare to the world that their orders and ordinances for Sequestrations, Plunders, seizures, and Duties, into the Lands, or of the Lands and Goods of the Kings party, and of the freeborn Subjects of England, are illegal and voided; Nay, that all their proceedings by way of minatory Petitions and Declarations, to, and against the King, their raising of Forces against him, the seizing of His royal Person and Imprisoning of Him are altogether illegal, derogatory to His Crown and dignity, and not warrantable by the laws and Statutes of this realm. And therefore we conclude, that Sir Thomas Fairfax, receiving his authority, and the Army being raised modeled and formed, by an Ordinance of the Lords and Commons assembled in Parliament the 15 day of February, See the Book of Ordinan. p. 599. 1644. for the defence of the King and Parliament, the true Protestant Religion, the laws and Liberties of the kingdom, he and the Army, may without any just imputation of Treason, Mutiny, Disobedience, or Rebellion, keep their arms in their hands, and prosecute those just and honourable ends for the good of the King, Church, and kingdom, especially in a time wherein there is such and eminent and apparent danger of the destruction of all, as they have sufficiently and manifestly declared to the kingdom by their several Declarations and Remonstrances, and by their Charge exhibited to the Houses against the eleven accused Members. But because this proposer promised nine proposals, and hath published but eight, wee shall add one of our own to make up the number nine, with our Resolution upon it, for the better satisfaction of that Right, Noble and Valiant general, and Lieutenant general, and the rest of the honourable Officers, Agitators and Souldiers, in that Victorious and Religious Army. 9. Whether this kingdom can ever be happy without the conclusion of a firm and lasting Peace? Whether a firm and lasting Peace can be made without restoring the King to His crown and dignity, His legal Rights and Prerogatives, and the people to their just Liberties and Properties? And last of all, Whether either Sir Thomas Fairfax, Lieutenant general Cro●well, and the rest of the Officers and Souldiers of the Army, or their party & Complices, can ever be safe in their lives and fortunes if they lay down their arms, during the continuance of this present State, as they call it, or rather the Government of the two Houses,( having provoked them so far of late in their Letters, Declarations, Manifestoes and Charges) notwithstanding any Peace that may be made between them and the Houses for the future, putting as their good desert past towards them into the bargain? Resol. And truly we must needs confess that when we look upon the ancient and happy estate of this flourishing kingdom, under the hereditary succession of monarchical Government, the Kings hopeful numerous and beloved issue, the great alliance of foreign Princes, and the native Nobility of this realm, to the crown of England; and that the Kings of England have in all ages been esteemed the fountain and life of the Law, and that there was never any time in England since the first plantation of it,( for wee cannot presume ourselves to bee Aborigines or born out of the Earth of this Land) wherein this Land was not governed by Kings, or that the royal assent did not make the Law; wee can draw no other conclusions out of these considerations, then that this Kingdom can never be happy without a firm Peace, nor ever enjoy a firm and a lasting Peace without restoring the King to his crown, Dignity; Rights and Prerogatives, and the free-people of England to their just liberties and properties. Neither can Sir Thomas Fairfax and the rest of the noble Officers and Souldiers be safe if they should part with their arms, before the King be restored, a firm Peace concluded, and this Parliament d●●solved; For let their deser●● formerly be never so great to the Houses, yet having as our proposer observes, enforced them to recall and annul their own Votes, against their Judgements, Consciences, Honour and common-Justice, to their everlasting shane if they fall, They must needs if ever they recover their power take a sad revenge for so foul an affront. It is a most certain maxim, that free-states never forgive their Commanders the least offence that strikes at their Honour, or being, notwithstanding all their former good deserts, for ordinarily an injury hath more power in mens hearts then a pleasure already received, for more trust is to bee reposed in him who standeth in need of us, It is better for the Army for this Reason to trust the King rather then the Houses. then in those who have already pleasure at our hands, for the desire of good to come hath much more force in mens hearts, then the remembrance of that which is already received. All States are naturally swollen with ambition and desire of revenge, but especially those that are newly crept up by surprise, and maintained by oppression, for they onely looking at their own ends, esteem themselves no less injured when they are denied in the things they desire, but deserve not, then if the world were made for them and none others, which corrupt and exorbitant affection makes them take sharp and severe revenge upon their instruments, because they enjoy not what they would, though they have neither any title to the thing, nor just reason, and less hope to expect a fruition of it. No integrity nor good desert towards that new grown insolent estate of Athens, blown up into so great an height by the courage and conduct of that most renowned famous Themistocles in the many victories he obtained for them as their general against the Persians, could preserve him that had been their preserver from the punishment of * i. e. Banishment for 8 years, confiscation of his goods, & incapacity to hear any more Office in their Common-wealth. ostracism, imposed upon him onely for seeking to moderate the excesses of that state; neither did Alcibi●des their wise and valiant general escape the fury of their banishment for the offence of his Lieutenant in losing of 15 of their ships contrary to his command, though his banishment proved afterwards their ruin, at the battle of A●gos Potamos for want of a good general, for not long before this battle of Aegos Potamos, these Athenians put six of their own valiant Commanders to death, for obtaining a famous victory upon Callicratidas the Lacidemonian admiral, and for losing one of their own Gallies in the fight, which they suffered to wreck in the Chase. Neither can we with grief forget the barbarous entertainment that that never to be forgotten Hanniball, after his so many famous victories obtained for the state of Carthage in spain, Italy and Sicily against the most puissant Romans, received from those inhuman Carthaginians, which was no less then a plain treasonable contract to deliver him up for a sacrifice to the Romans, to pacify the angry Manes of their Ancestors, whose ambitious insolency he had so often chastised with glorious victories; nay, even among the Romans themselves, in their state famoused in those times for justice over the whole world, Coriolanus, Marcus Livius, Lucius Aemilius, yea, and Scipio Africanus himself, Generalls, and Enlargers of the Roman dominions above their Ancestors, men whose virtues had raised them above the level of their fellow Senators, could not escape the fury of that state, because they sought to reform the pride, oppression and ambition of their fellow Senators, for which they all suffered death or Banishment: many instances more might be made, but remember the two H●thams and Sir Alexander carry in this new state and 'twill give you satisfaction enough, unless inevitable destiny hath deprived you of your judgements. Experience of things past are true instructors of things to come: Therefore the Army in wisdom ought not to trust them upon any pretence either of agreement or engagement whatsoever; for the maxim of all free States is, that to maintain their estate, they are to promise, undertake or do any thing, and to attempt any hazardous enterprise, to deliver themselves from such as they hold their enemies, or emulators, though they never intend to perform it; for as it is observed by a learned Author, There is no agreement, nor any form of oath whereby Articles of peace can be held inviolable, save onely that which is written with the water of * Sir Fr. Bacon de Sapien. Veterum. Styx, that is necessity, which while it binds one party or both unto performance, making it apparent, that he shall be a loser who starts from the conditions, it may so long( and so long onely) be presumed there shall be no breach. For in great grudges it is hard to establish a faithful reconciliation, for that it hath its proper impediments either of suspicion or revenge: And there is little expectation of sincerity and faithful actions of those men, who have already entertained a suspicion of you, and whom the world hath already taken an opinion of to be double and cautelous. It would be great folly in you to trust those whom you have injured, or at least those that conceive you have injured them, either in honour, estate, or life; and by how much the injury is more notable, or the persons honourable, by so much more the Revenge will bee assured and cruel: Therefore you noble Heroes of the Army, look to yourselves, take heed you trust them not; it concerns your lives, honours, and fortunes; consider with yourselves that it is a gross error in Policy, to breed the storm, and to leave the defence to possibilities doubtful; it is too dangerous to broach a vessel of poison, and leave the virtue of the Antipote uncertain: fire suffered to run, burns without limit, even to the consuming of such as first kindled it. Take heed of Treaties, Treaties breed delays, and delays dangers Caesars axiom is, In Rebus bellicis mora trahit p●ricul●●, In Military affairs delay is always attended with danger; yet wee wish no more hast then good speed in your designs; because we know that over-much hast is an enemy to good counsel: Take heed of divisions amongst you; Unity it's the thing that preserves a City, and will do the Army; divide & impera, is the old maxim; if ye are divided, ye are overcome: all good things by division perish, and come to nought; A kingdom divided in itself cannot stand, are our Saviours own words: take heed of Ambition, Ambition is an unquiet Humour, which Reason can hardly moderate, or benefits alloy, if there bee any Ambitious or Treacherous amongst you, cast them from you as as plaguy or a Leprous garment that will infect and destroy you all; we hope that we your fellow-Commoners shall be excused for these avisoes, and the rather, because we wish you good success in your honourable enterprises, of which we doubt not: For when we look upon your unwearied pains, great diligence, and circumspection in the carriage of your business, We conclude, that those that fear a business, commonly provide well for it, and have oftener good success then those that provide with a careless contempt. Wee have done, and desire you to take this for an assurance, Una salus victis nullam sperare salutem. The onely hope you can have, is not to be pardonned, if you be vanquished. JOSHUA. 1.6, 10, 11, 18. 6. Be strong and of a good courage, for unto this people shalt thou divide for an inheritance, the land which I swore unto their Fathers to give them. 10. Then Joshua commanded the Officers of the Host, saying, 11. pass through the Host, and command the People, saying, Prepare you victuals: for within three dayes ye shall pass over this Jordan, to go in to possess the Land which the Lord your God giveth you, to possess it. 18. Whosoever he bee that doth rebel against thy Commandement, and will not harken unto thy words in all that thou commandest him, he shall be put to death: onely bee strong, and of a good courage. FINIS.