THE CASE OF THE ARMY Truly stated, together with the mischiefs and dangers that are imminent, and some suitable remedies, Humbly proposed by the Agents of five Regiments of Horse, to their respective Regiments, and the whole Army. As it was presented by Mr. Edmond Bear, and Mr. William Russell, October 15. 1647. unto his Excellency, Sir Thomas Fairfax. Enclosed in a Letter from the said Agents: Also his Excellencies Honourable Answer thereunto. Deut. 20.8. What man is there that is fearful and faint hearted? let him go and return unto his House, lest his brethren's heart faint as well as his heart. Judg. 7.7. And the Lord said unto Gideon, by the three hundred men that lapped, will I save you, and deliver the Midianites into thine hand, and let all the other people go, every man unto his place. LONDON Printed in the Year, 1647. The Case of the Army truly stated, togegether with the mischiefs and dangers that are imminent, and some suitable remedies, Humbly proposed by the Agents of five Regiments of Horse, to the respective Regiments and the whole Army. WHereas the grievances, dissatisfactions, and desires of the Army, both as Commoners and Soldiers, hath been many months since represented to the Parliament; and the Army hath waited with much patience, to see their common grievances redressed and the rights and freedoms of the Nation cleared and secured; yet, upon a most serious and conscientious view of our Narratives, Representations, Engagement, Declarations, Remonstrances, and compairing with those the present state of the Army and Kingdom, and the present manner of actings of many at the Head Quarters, we not only apprehend nothing to have been done effectually, either for the Army or the poor oppressed people of the nation, but we also conceive, that there is little probability of any good, without some more speedy and vigorous actings. In respect of the Army, * there hath been hitherto no public vindication thereof, about their first Petition, answerable to the Ignominy, by declaring them enemies to the State, & disturbers of the peace: No public clearing nor repairing of the credit of the Officers, sent for about that petition as Delinquents: No provision for Apprentizes Widows, Orphans, or maimed Soldiers answerable to our reasonable addresses propounded in their behalf: No such indemnity, as provideth security, for the quiet, ease, or safety of the Soldiers, disbanded or to be disbanded. No security for our Arrears, or provision for present pay to enable the Army to subsist, without burdening the distressed Country. And in respect to the rights and freedoms of ourselves and the people, that we declared we would insist upon, we conceive there is no kind or degree of satisfaction given: a Viz. The copy of the grievances presenteD to the Parliaments Commissioners at Saffron Walden. there is no determinate period of time set when the Parliament shall certainly end: The house is in no measure purged, either from persons unduly elected, or from Delinquents, d Viz. the Re monst, of jun. 23. pag. 6 7. It's mentioned as one of the disatisfactions, that caused the march to London. See also the disatisfactions of the Army annexed to the Engagement. pag. 19, 20. that appeared to be such at the Armies last insisting upon their rights, or since; the b Viz. the Representation of the Armices dissatisfactions, agreed on upon june 4. & 5. pag. 17, 18, 19, 20, 21. where these were represented as the ground of the filoma Engagement. honour of the Parliamentary authority 〈◊〉 cleared, and vindicated from the most horrid injustice of that Declaration against the Army for petitioning nor of suppressing and burning Petitions, abusing and imprisoning Petitioners: But those strange precedents remain upon Record, to the imfamy of Parliamentary authority; and the danger of our own and the people's freedoms: The people are not righted, nor satisfied in point of accounts, for the vast sums of money disbursed by them: None of the public burdens, or oppressions, by arbitrary Committees, c Viz. the declaration of Iu. 14 p 6.9. injustice in the Law, Tithes, Monopolies, and restraint of free trade, but then some Oaths, inc quality of Assessments, Excize, and otherwise are removed or lightened, the rights of the people in their Parliaments, concerning the nature and extent of that power, are not cleared and declared. So that we apprehend our own & the people's case, little (if in any measure) better, since the Army last hazarded themselves for their own and the people's rights and freedoms. Nay, to the grief of our hearts, we must declare, that we conceive, the people and the Army's case much impaired, since the first Randezvouz at New Market, when that solemn engagement was entered into: And that from the consideration. That the Army's Engagement, Representations, Declarations, and Remonstrances, and promises in them contained, are declined, and more and more daily broken, and not only in some smaller matters, wherein the Army and the Kingdom are not so nearly concerned, but in divers particulars of dangerous consequence to the Army and the whole Nation. As, First, In the Engagement, pag. the 5. the Army promised every Member thereof each to other, and to the Parliament and Kingdom, that they would neither disband nor divide, nor suffer themselves to be disbanded or divided until satisfaction should be given to the Army in relation to their grievances, and desires; and security that neither the Army nor the free borne people of England, should remain subject to such injuries, oppression, and abuse, as the corrupt party in the Parliament than had attempted against them. Secondly, The Train of Artillery is now to be disbanded, before satisfaction or security is given to the whole Army in relation to themselves, or other the free borne people, either in respect to their grievances or desires. And when the strength or sinews of the Army be broken, what effectual good can be secured for themselves or the people in case of opposition? Thirdly, The Army is divided into quarters so fare distant, that one part is in no capability to give timely assistance to another, if any design should be to disband any part by violence suddenly, although neither our grievances nor desires as Soldiers or Commoners are redressed or answered. And as we conceive this dividing of the Army before satisfaction or security as aforesaid, to be contrary to the Army's intention in their Engagement, at the said Randezvouz, so we conceive it hath from that time given all the advantage to the enemies, to band and design against the Army, whereby not only pay hath been kept from the Soldiers, and security for arrears prevented, but the kingdom was endangered to have been embroiled in blood, and the settlement of the peace and freedom of the Nation, hath been thus long delayed. The whole intent of the Engagement, Viz. His Excellency's letter to the City sent from Royston, june 16. and the equitable sense of it, hath been perverted openly, by affirming, and by sinister means making seeming determinations in the Counsel, that the Army was not to insist upon or demand any security, for any of their own or other the free born people's freedoms or rights, though they might propound any thing to the Parliaments consideration; and according to that high breach of their Engagement, their actions have been regulated, and nothing that was declared formerly, to be insisted upon, hath been resolvedly adhered to, or claimed as the Armies or the people's due, and we conceive it hath been by this means, that the Soldier hath had no pay constantly provided, nor any security for Arrears given them, & that hitherto they could not obtain so much, as to be paid up equally with those that did desert the Army, The pay since received hath not been so much as since accrued to be due in course, and therefore that answers not the three month's Arrears that was paid to the deserters of the Army. it not being positively insisted upon although in the Remonstrance of june, 23. pag. 11. It was declared, that it should be insisted upon resolvedly, to be done before the Thursday night after the sending that Remonstrance, and it's now many months since. Fourthly, In the prosecution of this breach, there hath been many discouragements of the Agitators of the Regiments, in consulting about: the most effectual means, for procuring the speedy redress of the people's grievances, and clearing and securing the native rights of the Army, and all others the free Commons. It hath been instilled into them, that they ought not to intermeddle with those matters, thereby to induce them, to betray the trust the Regiments reposed in them; and for that purpose, the endeavours of some hath been to persuade the Soldiery, that their Agitators have meddled with more, than concerned them. In the Declaration of june 14. pag. 〈◊〉 It was declared that the Army would adhere to their desires of full and equal satisfaction to the whole Soldiery of the Kingdom in Arrears, Indemnity, and all other things mentioned in the papers, that contained * It was declared to be one of the chief grounds of discontent, if any part of the Army should be disbanded before satisfaction was given to the whole, See the Engagement pag. 3. and the Armies first grievances, and are not all that concurred with the Army in the same condition? the grievances, disatisfactions and desires who did then, or should afterward concur with this Army in these desires. But many thousands who have concurred with this Army, are now to be sent for Ireland, or to be disbanded with two month's pay, before any security for Arrears, or sufficient indemnity, or any satisfaction to any desires as Soldiers or Commoners, then propounded; so now our Declaration is forgotten, and the faith of the Army, and his Excellency broken, for it may be remembered, that his excellency often promised, that the same care should be taken for those, that concurred, that should be for this Army, therefore if this course be driven on, what better can we expect for ourselves in the end? Sixtly, In the same Declaration, June 14. pag. 6. it is declared that the Army took up Arms, in judgement and conscience, for the people's just rights and liberties, and not as mercenary Soldiers, hired to serve an arbitrary power of the State, and that in the same manner it continued in arms at that time, and pag. 7. of the same Declaration, it was declared that they proceeded upon the principles of right and freedom, and upon the law of nature and Nations, But the strength of the endeavours of many hath been, and are now, spent to persuade the Soldiers and Agitators, that they stand as Soldiers only to serve the State, and may not as free Commons claim their right and freedom as due to them, as those ends for which they have hazarded their lives, and that the ground of their resusing to disband, was only the want of Arrears and indemnity. Seventhly, In the Remonstrance June 23. pag. 14. compared with pag. 15. it was declared, that such extraordinary courses should be taken as God should direct & enable them thereunto, to put things to a speedy issue, unless by the Thursday then immediately following, assurance and security were given to the Army and Kingdom, that the things desired in the Declaration, june the 14. should be speedily granted and settled. But there hath been ever since, a total neglect of insisting positively upon the redress of those grievances, or granting those desires of the Army as Soldiers. That the Declaration of June the 14. pag. the 3. refers unto, as formerly expressed, and not so much as one of those desires, as Commoners of England in the behalf of themselves and others, (propounded in the same Declaration, pag. 6.9, 10, 11.) hath been insisted upon positively; neither setting a determinate period, wherein the Parliament shall certainly end, nor purging the House, nor clearing the rights of the people, in petitioning nor the righting of them in accounts, etc. so that by these declinings of the Army, Viz. declaration june 14. pag. 4. from insisting resolvedly upon the people's, and the Armies own rights, both are after long expectations, as fare from right and freedom, as though there had been no man to plead p their cause. And herein it is to be observed, that the neglect of insisting upon our most just desites, hath given enemies such secret encouragement, that they shuffle off any desires, though propounded; as to be insisted upon, Viz. the Army's representation of disaes tisfaction jun. 4.5. page 19 as may be mentioned in that our just desire, of recalling publicly the Declaration, inviting all to desert the Army, & professed to be insisted upon, in the same Declaration, June 23. pag. 11. which notwithstanding to this day was never publicly recalled; so likewise the desire of vindicating the Parliaments honour, in relation to a public disowning the order to suppress our first Petition, and many others. The parliament & Scots Commissioners long since resolved that satisfaction and security was to be given to the people in relation to those public ends for which they expended so much treasure and blood, before the King should be provided for this is hinted in the Remonstrance signed King stone, page 11. Eightly, In the declaration of june 14. pag. 10. as in all other Remonstrances and Declarations, it was desired, that the rights and liberties of the people might be secured, before the King's busincsse should be considered. But now the grievances of the people are propounded to be considered after the restoring him to the regal power, and that in such a way according to the proposals viz. with a negative voice, that the people that have purchased by blood what was their right, of which the King endeavoured to deprive them, should yet solely depend on his will, for their relief in their grievances and oppressions; and in like manner the security for the Armies Arrears is proposed, to be considered after the business of the King be determined, so that there is a total declension since the method formerly desired, in the settling the peace of the Nation. Ninthly, It hath been always professed and declared, that the Army was called forth and conjured by the Parsiaments Declarations, for defence of the people's rights, against the forces raised by the King, and for delivering the King from his evil Council, who seduced him to raise the war, and bringing Delinqueuts to condign punishment, But now through the Army's countenance and indulgence, those conquered enemies, that were the King's forces, abuse, reproach, and again insult over the people, whose freedom was the grounds of the Army's engagement, yea, the King's evil Councillors, that concurred in designing all the mischiefs in the King's late war against the people, are again restored to him, and are admitted free access without check into all the Armies quatters, whereby they are restored to a capacity of plotting and designing mischief against the Army and kingdom. Tenthly, When imminent ruin, to the whole nation was apprehended, by means of the multitudes of corrupted Members in Parliament, diverting and obstructing all good proceedings; then the purging of the House in part, from one kind of Delinquents, was again insisted upon, and a solemn Protestation was passed in the remonstrance from Kingston, pag. 21. That the Army would not permit those to sit in the House, that usurped the name and power of Parliamentary authority, when the Parliament was by violence suspended, and endeavoured to raise a war to destroy the Parliament and Army, but that they would take some effectual course to restrain them from sitting there, that the people might be concluded only by those Members that are free from such apparent treacherous breaches of their trust. But hitherto this Engagement for purging the House from those Delinquents, (whose interest engages them to be designing mischief against the people and Army) is declined and broken, to the black reproach and foulest infamy of the Army; and now these strong cords are cut in sunder and so forgotten, that there are no visible endeavours or intentions, to preserve the honour of the Army, in its faithfulness to its Engagement and Protestation. Thus all promises of the Army to the people that Petitioned his Excellency and the Army to stand for the National interest, freedoms and rights, are hitherto wholly declined, and the law of nature and nations now refused by many to be the rule by which their proceed should be regulated; they now strip themselves of the interest of English men, See his Excellency's letter to the City, dated Iu. 10. pag. 4. which was so ill resented when it was attempted by the malice of the enemies. * And thus the people's expectations that were much greatned, and their hopes of relief in their miseries and oppressions which were so much heightened are like to be frustrate, and while you look for peace and freedom, the floodgates of slavery, oppression and misery are opened upon the Nation, as may appear by the present manifold dangers that encompass about the Army and the whole Nation. The mischiefs, evils, and dangers, which are and will be the consequence of the Armies declining or delaying the effectual fulfilling of its first Engagement, Promises and Declarations or of its neglect to insist positively upon its first principles of common right and freedom. Whereas its now many months since the Army declared (In answer to the Petitions of divers Counties, and from the sense of an absolute necessity thereof,) that they would insist upon the people's interest; as in the Declaration of june 14 pag. 13. And yet no relief for the people in any of their oppressions, Then also they professed that they hoped God would clear it, that they have acted the kingdoms and every honest man's interest. viz. the Remonstrance from Kingston pag. 12. by arbitrary powers, Monopolies, injustice in the proceeding at Law, Tithes, Excize, etc. is effectually procured; nor any greater probability of future help is visible than was before; no foundations of freedom being yet laid; and yet the Soldiery burdened the country with free quarters and occasioning greater taxes. These five mischiefs and dangers ensue inevitably. First, The love and affection of the people to the Army, which is (an army's greatest strength) is decayed, cooled, and near lost; it's already the common voice of the people, what good hath our new Saviour's done for us? What grievances have they procured to be redressed? Wherein is our condition bettered? or how are we more free than before? Secondly, Not only so, but the Army is rendered as an heavy burden to the people, in regard more pay is exacted daily for them, and the people find no good procured by them, that's answerable or equivolent to the charge, so that now the people begin to cry louder for disbanding the Army than they did formerly for keeping us in Arms, because they see no benefit accrueing, they say they are as likely to be oppressed and enslaved both by King and Parliament, as they were before the Army engaged professedly to see their freedoms cleared and secured. Thirdly, whilst the people's old oppressions are continued, and more taxes also are imposed for pay for the Army, they are disabled daily more & more for the mantaining of an Army for their preservation, for they begin to say, they can but be destroyed by oppression, and its all one to them, whether it be by pretended friends or professed Enemies, it were as good, say they, that the King should rule again by prerogative; we were slaves then to his will, and we are now no better; we had rather have one tyrant then hundreds. Fourthly, By this means, distractions divisions heart burn and jealousies are increased to the imminent danger of ruin to the Army and kingdom; the people are inclined to tumults, crying out, will none procure reliese for us! shall we always be deluded with fair words, and be devoured by oppressors? we must ere long rise up in arms, and every one catch what he can: thus confusion is threatened. Fiftly, The Army is exposed to contempt and scandal, and the most black reproaches, and infomies are cast upon them; the people say, that their resolutions not to disband were, because they would live idlly on the people's labours; and when the Soldiers are constrained to take free quarters, this (saith the people) is for freedom, and right, to eate the bread out of our children's mouths: so that many Soldiers are ashamed of themselves, and fear that the people should rise to destroy them: you will do nothing for us (say they) we are vexed by malignant judges, for conscience sake, by arbitrary Committees in the Country, and at Parliament ordering one thing this day, and recalling it the next to out intolerable vexation; injustice in the saw is the same, and we buy our right at as dear a rate as ever, Tithes are enforced from us double and threble Excize continues, we can have no accounts of all our moneys disbursed for the public, more is daily required, and we know not what is become of all we have paid already, the Soldiers have little pay, and the maimed Soldiers, Widows, and Orphans, are thrust upon us to be parish charges. 2ly. Whereas the Engagement is broken, and the first principles deserted or neglected, * They formerly prevailed and proceeded in that way viz Dcl. offered to the Commissioners at Saffron Walden. these mischiefs and dangers have casued. 1. The enemies are encouraged and emboldened to proceed in prejudice to the people & the Army as formerly: they may receive hopes upon the armies own words in their general Counsels, that the army will not oppose or disturb them in their proceed, to deprive the Army and people of their native rights; for if they can abuse the Parliament, or surprise them as formerly, they may say for themselves, the Army hath declared, that they stand only as Soldiers, and will not insist upon any positive demand of their own and the Nations freedoms, and was it not this that emboldened the enemies formerly to suppress our first petition, and declare us enemies, for petitioning? they thought we would have stood only as mercenary Soldiers, hired to serve their arbitrary power; and not remembered that we by, their invitation took up arms in judgement and conscience, to preserve the nation from tyranny and oppression, and therefore were obleiged to insist upon our rights and freedoms as Commoners, and surely it hath been upon this ground, that they kept us without money so long, thinking we would not or durst not insist upon our demands of that which is due to us; and upon this ground we judge the Parliament hath proceeded of late to increase the people's oppressions, by an Ordinance for trible damages, to be paid by all that refuse, (though for conscience sake) to pay Tithes, and an Ordinance to lock up the printing presses against whom they please, which was in the Bishop's time complained of, as one of the great oppressions, and have slighted just petitions, and neglected to consider and redress the prisoners grievances and oppressions, and the sufferings of conscientious persons, by the unjust statutes against Convinticles so styled, and statutes for Common prayer Book, and enforcing all to come to Church, and all other the people's grievances. 2. From the Armies declining their first principles, the same corrupt Members remain in Parliament that caused the Army to be proclaimed enemies for petitioning, and it's to be observed that through the influence of those in the House, there was never any public vindication of the Arms honour, and of the justice of their petitioning at that time; and can the Army be safe, so long as its old declared enemies are in power, and do but watch the fittest opportunity to work any mischief, but not only those enemies remain in power, * viz. the Remonstrance from ●●ngston August 18, pag. 21. and watch to destroy you, but 65. at least that lately voted and endeavoured to raise a new war, to destroy the Army, are suffered to vote in the Parliament, though the Army hath protested solemnly, they would not suffer those usurpers to sit there, or that they would be concluded by those that were coactors in such treasonable breaches of their trust. 3. Through the Armies dividing contrary to the Engagement, and neglecting to insist upon the first declaration, the enemies have had power and opportunity, to prevent them of their constant pay, and obstruct all proceed to security for arrears, whereas otherwise the enemies would not have dared to presume to obstruct good proceed, and to prosecute their designs against the army. 4. Through the armies back-sliding from the Remonstrance, and Protestation from Kingston, August. 18. those that lately endeavoured to raise a war against the Parliament and Army, continue in the House, and have passed an Ordinance, * viz. Dec. showing the reasons of their last march unto London pag. 9 wherein those bettayers of their trust are acknowledged to have been a House of Parliament, when the Parliament was forced away and suspended, and the Army having declared them to be no Parliament, and his Excellency slighted their command, at Colebrook professing he knew no Parliament, to which he should send, are by this made guilty of the highest treason, and so a snare is laid for his Excellency and the Army, that when the enemies shall have the advantage, they may be declared traitors, for declaring against the Parliament, and disowning their authority, so that if some speedy remedy be not applied, no man knows how soon the enemy may prevail to destroy his Excellency, the Army and kingdom by this means: and the policy of the enemy 〈◊〉 to be observed, that they would never suffer that Declaration to be debated in the House, that was published at the Armies marching towards London, wherein those that usurped the power of a Parliament, when the Parliament was suspended, were declared to be no legal Parliament: but the Declaration and Remonstrance of August 18, wherein the Army protested against the sitting of those usurpers in the House, may together be made the ground of their declaring us Traitors upon any advantage, for disowning, and declaring against the supreme authority of the Nation, in case those usurpers shall continue to be acknowledged a house of Parliament, sit remains at present by the late Ordinance of August 20. procured to be passed by those Usurpers themselves fitting judges of their own case. 5 By this neglect and declining of the Army, The Parliament is returned to their old delatory way of proceeding, neither insisting upon the relieving the people speedily and effectually in any of their grievances, nor providing constain pay for the Army, nor security for arrears; so that the delays that are occasioned through the Armies declining their first principles are as destructive to the Army and Kingdom as if there were direct actings by the Army against the Kingdom's peace. 6 Through the same declension of the Armies first principles, and the good and necessary method propounded for settling the nation in peace and freedom before the king's business be considered, the King is likely to recover his old capacity, before the people's freedoms (which they have redeemed out of the hands of him & his forces by blood) be cleared and established securely, & likewise before any security be given for arrears; & than what probability there is that then there should be any good security of pay obtained for the army that conquered him, & for the freedoms of these that assisted them, let any rational man iudget It may more certainly be expected, that he will provide for the pay and Airers of his own Soldiery rather than of ours. And likewise by the same means, the armies and their assistants indemnity, is propounded to receive its strength from the King's consent; whereas not only his signing of, or consent to any act is wholly null and void in law, because he is under restraint, and so our indemnity, will be insufficient, if it shall depend in the least, on his confirmation. But also it's the highest disparagement to the supreme authority of this Nation, the Parliament, that when they have commanded an army upon service against the King, they should not have sufficient power to save them harmless for obedience to their commands, and also it's the highest dishonour to the army, that they should seek to the conquered enemy to save them harmless for fight against them, which is to ask him pardon, & so will remain as a perpetual reproach upon them. 7. Through the armies declining its first principles, to insist upon satisfaction and security as Soldiers & Commoners before disbanding or dividing the army, is it now likely to be so far scattered into several quarters, that it shall be in no capacity, to insist upon security for arrears, sufficient indemnity or upon any its own or the nations rights, in case they shall be still denied them. 8. It is to be considered that the enemies on the one hand, and the other increase daily in their boldness, confidence, and strength, whilst security for the armies arrears, and constant future pay (so long as it shall be continued) are not provided, and and the rights and freedoms of the people are not cleared and secured, & the army may divide in case one part should insist upon the first just principles, and be faithful thereunto, and another part should by flatteries, preferments, fear or negligence decline or desert them, and let it be considered what strength that would adds to the enemies, and how far it will endanger the ruin of the army and kingdom. Now we cannot but declare, that these sad apprehensions of mischiefs, dangers and confusion gaping to devour the army hath filled our hearts with troubles, that we never did, nor do regard the worst of evils or mischiefs that can befall ourselves in comparison to the consequence of them to the poor Nation, or to the security of common right and freedom, we could not but in (real not formal feigned) trouble of heart for the poor Nation and oppressed people, break forth and cry, O our bowels! our bowels! we are troubled at the very heart to hear the people's doleful groans, and yet their expected deliverers will not hear or consider, they have run to and fro, and sighed or even wept forth forth their sorrows and miseries, in petitions, first to the King then to the Parliament, and then to the army, yet they have all been like broken reeds, even the army itself upon whom they leaned have pierced their hands, their eyes even fail with looking for peace and freedom, but behold nothing but distraction, oppression and trouble, and could we hope that help is intended, yet the people perish by delays, we wish therefore that the bowels of compassion in the whole army might yearn towards their distressed brethren, and that they might with one consent say each to other, come let us join together speedily to demand present redress for the people's grievances, and security for all their and our own rights and freedoms as Soldiers and Commoners. Let us never divide each from other till those just demands be answered really and effectually, that so for the people's case as many forces as are not absolutely necessary may be speedily disbanded and our honour may be preserved unspotted, when they shall see, that we minded not our own interest, but the good, freedom, and welfare of the whole Nation. Now to all that shall thus appear we propound. That whatsoever was proposed to be insisted on either, in the the Declaration of June the 14. or the Remonstrance june 23 and in the Remon. from Kingston, August 18. be adhered too resolvedly, so as not to reced from those desires, until they be throughly and effectually answered: more particularly that whereas it appears by positive laws and ancient just customs, that the people have right to new successive elections for Parliaments at certain periods of time, and that it ought not to be denied them, being so essential to their freedom, that without it they are no better than slaves, the nature of that legislative power, being arbitrary and that therefore it be insisted on so positively, and resolvedly, as not to recede from it. 1. That a determined period of time, be forthwith set, wherein this Parliament shall certainly be desolved, provided also that the said period be within 9 or 10. months, next ensuing, that so there may be sufficient time for settling of peace and freedom. 2. Whereas all good is obstructed and diverted by the power & influence of Delinquents the late usurpers, & undu elected one's in the Parliament, that therefore it be positively & resolvedly insifled on; that the house be forth with purged, from all that have sorfited their trust or were unduly elected, but especially that an order be passed forthwith, for the expelling all those from the house, who sat in the late pretended Parliament, & that likewise a severe penalty be ordered to be imposed on every of those usurpers that shall presume to sit in the House, for the passing of such an order, before they shall have given sufficient evidence, that they neither voted for a new war, or for the Kings coming to London upon his own terms. 3. Whereas his Excellency & the whole army, were guilty of the highest treason if the pretended Parliament had been a legal Parliament, and its apparent that they were no legal Parliament, that therefore it be positively and resolvedly insisted upon, that the Declaration of the army upon their last march up to London be forthwith publicly owned, and approved of by the Parliament, and that the same public approbation be Passed upon the Remon, and protest sent from Kingston August 18. 5. Whereas Parliaments rightly constituted are the foundation of hopes of right and freedom to this people, and whereas the people have been prevented of Parliaments, though many positive laws have been made for a constant succession of Parliaments, that the before it be positively and resolvedly insisted upon, that a law peramount be made, enacting it, to be unalterable by Parliaments that the people shall of course meet without any warrants or wries once in every two years upon an appointed day in their respective Countries, for the election of the representors in Parliament, and that all the freeborn at the age of 21. years and upwards, be the electors, excepting those that have or shall deprive themselves of that their freedom, either for some years, or wholly by delinquency, and that the Parliament so elected and called, may have a certain period of time set, wherein they shall of course determine, and that before the same period they may not be adjurnable and disolvable by the King, or any other except themselves. Whereas all power is originally and essentially in the whole body of the people of this Nation, and whereas their free choice or consent by their Representors is the only original or foundation of all just government, and the reason and end of the choice of all just Governors whatsoever is their apprehension of safety and good by them, that it be insisted upon positively. That the supreme power of the people's representors or Commons assembled in Parliament be forthwith clearly declared as their power to make laws, or reveal laws, (which are not or ought not to be unalterable) as also their power to call to an account all officers in this Nation whatsoever, for their neglect or treacheries in their trust for the people's good, and to continue or displace and remove them from their offices, dignities or trust according to their demerrits, by their faithfulness or treachery in the business or matters where with they are entrusted and further that this power to constitute any kind of governors or officers, that they shall judge to be for the people's good, be declared, and that upon the aforesaid considerations it be insisted upon, that all obstructions to the freedom and equality of the people's choice of their Representors, either by Patients, Charters or usurpations, by pretended customs, be removed by these present Commons in Parliament, and that such a freedom of choice be provided for, as the people may be equally represented. This power of Commons in Parliament, is the thing against which the King hath contended, and the people have defended with their lives, and therefore ought now to be demanded as the price of their blood. That all the oppressions of the poor by Excize upon Bear, Cloth, Stuffs, and all manufacturies, and English commodities; be forthwith taken off, and that all Excize be better regulated, and imposed upon foreign commodities, and a time set wherein it shall certainly end, if there be a necessity of its present continuance on such commodities. 3. Whereas the people have disbursed such vast sums of money, by Pole-money, Subsidies, proposition money, Contribution, the five and twentieth part, views and reviewes of the same monthly assessments, Excize, and other ways, and such vast sums have been collected and enforced by Sequestrations, Compositions, sale of Bishop's lands, and other ways, that the whole charge of the forces by sea and land might have been defrayed to the utmost farthing, and yet many millions of money remained of all that have been disbursed freely, or enforced had been faithfully brought into the public treasury, and improved for the public use, only therefore that in respect to the people's right, and for their ease, and for better and more easy provision of money for the Soldiery, that it be insisted upon positively, that faithful persons be chosen to receive accounts in every part of the kingdom, especially considering that former Committees for accounts were constituted in a time when corrupt men over poured the Parliament, and yet they have done no service in discovering moneys since their constitution, and herein it's to be insisted on, that all without distinction, as well parliament men as others, may be equally accountable to persons chosen for that purpose. Now herein its further to be insisted on, that whereas the time was wholly corrupt when persons were appointed to make sale of Bishop's lands, and whereas Parliament men, Committee men, and their kinsfolks were the only buyers, and much is sold, and yet its pretended, that little or no money is received, and whereas Lords, Parliament-men, and some other rich men, have vast sums of arrears allowed them in their purchase, and all their moneys lent to the state paid them, while others are left in necessity, to whom the state is much indebted, and so present money that might be for the equal advantage of all, is not brought into the public Treasury by those sales. It's therefore to be insisted on, that the sale of Bishop's lands be received, and that they may be sold io their worth, and for present moneys, for the public use, and yet the sale of all such be recalled, as have not been sold to their worth, or for present moneys. And it is further offered in consideration that the Court have occasioned the late war, and reduced the state to such necessity, by causing such vast expense of treasure, that therefore whereas the many oppressions of the people, and the danger of absolute tyranny, were the occasion of the expense of so much blood, and whereas the people have bought their rights and freedoms, by the price of blood, and have in vain wasted long since, the common enemy, hath been subdued for the redress of their grievances and oppressions, that therefore it be demanded as the people's due, which ought not to denied to the Army or to them yet seeing the King hath his Court and lives in honour, yet before his business be further considered, because the people are under much oppression and misery, it be forthwith the whole work of the Parliament, to hear consider of, and study effectually redress for all common grievances and oppressions, and for the securing all other the people's rights and freedoms, besides all these afore mentioned, and in particular. First, that all the orders, votes, ordinances or declarations, that have passed either to discountenance petitions, suppress, prevent or burn petitions, imprison or declare against petitioners, being dangerous precedents against the freedom of the people, may be forthwith expunged out of the Journal books, & the injustice of them clearly declared to all the people, and that in such a declaration the soldiery be vindicated, as to the right and equity of their first petition, all those large sums of money that were allowed to needless pretended Officers of the Court which did but increase wickedness and profaneness, may be reserved for a publiqve treasure to be extended in paying those Lords that must be maintained, for the people's safety, and whereas there is now 50. l. perdiem: allowed for the court, who offered that there might be 300 l. perdiem: allowed for the court, to be paid out of the public treasury, through a good and faithful improvement of all the Lands pertaining to the Court, there must be as much reserved for leaving public charges, and easing the people. And its further offered, that whereas millions of money, have been kept in deads' stock in the City of Lonndon the Hals and Companies, and the free men of the City could never obtain any account thereof, according to their right. That therefore a just and strict account may be fhorthwith given to all the free men of any those dead stocks, and yet whereas there hath been nothing paid out of those, nor for the lands pertaining to the City, whiles the estates of others have been much wasted, by continual payments, that therefore proportionable sums to what other estates have paid, may be taken out of those dead stocks, and lands which would amount to such vast sums, as would pay much of the soldiers arrears, without ou●●hening the oppressed people. And its further offered, that forest lands, and Deans and Chapters lands, be immediately 〈…〉 part for the arrears of the Army, and that the revenue of these and the residue of Bishop's lands unfold till the time of sale may be forthwith apppointed to be paid unto our Treasury, to be reserved for the soldiers constant pay. And it's to be wished that only such part of the aforesaid lands be sold as necessity requires, to satisfy the soldiery for arrears, and that the resedue be reserved and improved for a constant revenue for the State that the people may not be burdened, and that out of the revenues public debts may be paid, and not first taken out of their own pursest to be repaid to them. And its further offered for the people's ease, that the arrears of all former assessments be duly collected from those who have sufficient estates, and have not been impoverished by the war. And whereas it's conceived that the fees of receivers of customs and Excize if they were justly computed, would amount to near as much at the Armies pay, it's therefore offered that speedy consideration be had of the multitude of those officers and their excessive fees, and profits, as 500 600. 1000 1200. l. per annum. As also that many Excize men appoint whom they please as their substitute, and allow what they please for their pay, that the officers may be few, and constant stipends allowed them none exceeding 200. l. per annum, that so more moneys may be brought into the publ●●● treasury. And for the ease and satisfaction of the people, it's further to be insisted on, that the charge of all the forces to be kept up in the kingdom by sea or land, be particularly computed and published, and that all taxes that shall be necessary, may be wholly proportioned, according to that charge; and that there be an equal rate propounded throughout the kingdom in all assessments, that so one town may not bear double the proportion of another of the same value. 4. That all Monopolies be forthwith removed, and no persons whatsoever may be permitted to restrain others from free trade. 5. That the mast sad oppressions of prisoners be forth with eased and removed, and that no person that hath no estate real or personal, nor any person that shall willingly yield up his estate to satisfy his creditors may be detained in prison to the ruin of their persons and families, and likewise, that no person imprisoned in a criminal cause, may be detained from his legal trial any longer than the next rear me. 6. That all Statutes, for the Common prayer book, and for enforcing all to come to Church, whereby many religious and conscientious people are daily vexed and oppressed be forthwith repealed and nulled. As also that all Statutes against Convinticles, under the pretence of which, religious people are vexed for private meetings about the 〈…〉 may be likewise repealed and nulled. 7. That all the oppressive, statutes, enforcing all persons though against their conscience, to pay Tithes, whereby the husbandman cannot eat the fruit of his labour, may be forthwith repealed and nulled. 8. That all statutes enforcing the taking of oaths, as in towns corporate, the oath of Supreamacy, etc. Wherein either the whole oaths, or some clauses in them, are burdens, and snares to conscientious people may be repealed and nulled. 9 That it be declared that no person or Court shall have power or be permitted to enforce any person to make oath, or answer to any Interrogatories concerning himself, in any criminal case. 10. That a Committee of conscientious persons be forthwith selected to consider of the most intolerable oppressions by unjust proceed in the law, that with all the laws might be reduced to a smaller number, to be comprised in one volume in the the English tongue, that every free Commoner might understand his own proceed, that Courts might be in the respective Counties or Hundreds, that proceed might become short and speedy, and that the numberless grievances in the law and Lawyers, might be redressed as soon as possible. 11. That all privileges and protections above the law, whereby some persons are exempted from the force and power thereof, to the insufferable vexation and ruin of multitudes of distressed people. may be forthwith abbrogated. 12 That all the ancient rights and donations belonging to the poor, now embezzled and converted to other uses, as enclosed Commons, Alms houses, etc. throughout all parts of the land, may be forthwith restored to the ancient public use and service of the poor, in whose hands soever they be detained. Many other grievances are and aught to be redressed, but these as they are propounded, we conceive might be in a very short time redressed to the relief of many distressed ones, and to a general ease; or at least, put into a way, wherein there might be visible hopes of remedy, and therefore these might be demanded as due to the people, though we desire the Counties might be encouraged to represent all their other grievances also for speedy redress. 7. General head. That it be insisted on, that such indemnity be forthwith given both for the Soldiery and all that gave them assistance, and shall provide securely for their quiet, ease and safety, and prevent all chargeable journeys to London, to seek after and wait upon Committees. 8. That in some of the fore mentioned ways, security be given for arrears forthwith, that as soon as the rights and freedoms of the people be secured according as it's hereupon propounded, and the other desires of the Army in relation to their particular freedom from pressing: and provision to be made in a certain and no dishonourable way for maimed Soldiers, Widows, and Orphans, that shall continue during their lives, than the Arms may be disposed into the hands of the faithful well affected of the Nation, which may be so form into a military posture, as to be ready on all occasions of service, and as many of the forces that are kept in constant pay, as shall not be absolutely necessary for the preservation and safety of the people, may be as speedily as possible disbanded, that they may not be a burden to the Nation. 9 Whereas mercy and justice are the foundations of a lasting peace, its necessary to be insisted on (for the healing differences as far as possible,) That all those whose estates have been sequestered, and yet were not in arms for the King, or gave any actual assistance to him in men, money, or arms, plate, horse, etc. in the late war, that all such be discharged forthwith from their sequestrations: and that all such as have compounded, may not be enforced, to pay the five or twenteth part, seeing their whole estates were so long under sequestration: and that all those that have not compounded, who were in Arms for the King, may be compelled forthwith to compound, provided, that their Compositions be so moderate, as none may exceed two year's revenue, that their families be not ruined, and they put upon desperate attempts against the peace of the Nation to preserve themselves. These things propounded are no more than what we conceived, should have been thoroughly done long since, being as to the principal of them but this substance and equitable sense of the former declarations, Remonstrances? and representations, and therefore though our restless desires of the people's good, and of the welfare of the Army, have constrained us thus publicly to state our case, and the remedy according to the best improvement of the small Talent of understanding that God hath given freely to us. Yet let not the matter be prejudged because of the unworthy Authors, neither let it be thought presumption. It may be remembered that the Father's danger made a dumb child to speak, and the Arms yea all the people's dangers and miseries have wrested open our mouths, who had otherwise been silent in this kind to the grave, and let it not be thought that we intent the division of the Army, we profess we are deeply sensible and desire all our fellow soldiers to consider it. In case the union of the Army should be broken, (which the enemy wait for,) ruin and destruction will break in upon us like a roaring sea, but we are much confident that the adhering to those desires and to that speedy way of attaining our just ends for which we first engaged, cannot be interpreted to be a desire of division, but the strongest vigorous endeavours after union, and though many whom we did bettust have been guilty of most sapine negligence, yet we expect that the same instruction of judgement and conscience, that we have all professed, did command us forth at first for the people's Freedom will be again so effectual, that all will unannimusly concur with us so that a demand of the peoples and Armies rights shall be made by the whole Army as by one man, that then all the enemies to, or obstructors of the happy settlement of common right, peace and freedom, may hear of our union and resolution, and their hands may be weak, and their hearts may fail them, and so this Army that God hath clothed with honour in subduing the common enemy, may yet be more honourable in the people's eyes, when they shall be called the Repayters of their breaches, and the restorers of their peace, right, and freedom. And this is the prayer, and shall always be the earnest endeavours of. The Army and all the people's most faithful servants. Lieut. Gen. Robert Everard. George Sadler. Com. Gen. George Garret. Thomas Beverly. Col Fleetwood. William Priar. William Bryan. Col. Whalyes. Matthew Wealy. William Russell. Richard Seal. C. Riches. john Dober. William Hudson. Agitators. Gilford. October 9, 1647. FINIS. A Copy of a letter from the Agents of the aforesaid five Regiments of Horse, unto His Excellency, Sir Thomas Fairfax. May it please your Excellency, FRom the deep sense of out duty to God, to our native Country, to your Excellency, to this army, and to ourselves, & to posterities to come, we find such obligations upon our consciences, written naturally by the finger of God in our hearts, that we cannot behold the honour of God to be impaired, the works of his hands the land of our Nativity, your Excellency, this army, ourselves, or posterities, ready to be swallowed and devoured up in confusion, thraldom and ruin, and to sit still, and not arise in the strength of his might, to contribute our best endeavours for the prevention thereof; for, God hath given no man a talon to be wrapped up in a Napkin and not improved, but the meanest vassal in the eye of the world is equally obleiged and accountable to God with the greatest Prince or Commander under the Sun, in and for the use of that talon betrusted unto him: and therefore we presume that your Excellency (who does acknowledge yourself a creature of, and servant to the same God) will not think it strange, or judge us disobedient or refractoy, that we should, as we have presumed, to state the case of the army, how declined from its first principles of safety, what mischiefs are threatened thereby, and what remedies are suitable for prevention, which herewith we do humbly present and offer unto your Excellency; for, Sir should you, yea, should the whole Parliament or Kingdom exempt us from this service, or should command our silence and forbearance, yet could not they nor you discharge us of our duties to God, or to our own natures, for we must be accountable, and judgement will come for the deeds done in our flesh, whether good or evil; and he that hath not improved and put forth his talon to use, shall be bound hand and foot, and cast into the lake of eternal vengeance: So that we are bold from our sense of your Excellency's piety honesty and uprightness to God and to your Country, that in this our discharge of our duties to both, we shall not ineurre your displeasure or discountenance, but that you will freely commit us and the issue of our endeavours to God, and if it be of him it will stand, and from our consciences we attest, and protest in the presence of his all seeing deity, as we desire safety in this life, or in that which is to come, we have no other than cordial and faithful intents and resolutions to the undoubted safety and weal of our native country, to Parliaments your Excellency, & this army in this business represented in these enclosed papers, & we do utterly abhor & renounce all secret or private designs or interest under the same, together with all that is contrary to the plain and vulgar sense, expressed in the premises thereof. And if by any one your Excellency shallbe suborned, that we are transgressors of all order and form, and in that sense only to look upon us. We desire to mind your Excellency, that the law of nature and nations attested in our own public Declarations and papers may be an answer to such for the justification of our present expedient, for all forms are but as shadows and subject to the end, and the safety of the people is above all forms, customs, etc. and the equity of popular safety, is the thing which justifieth all forms or the change of forms for the accomplishment thereof; and no forms are lawful longer than they preserve or accomplish the same. If our duties bind us when we see our neighbour's house on fire, to wave all forms, ceremonies or compliments, and forthwith (not waiting for order or leave) to attempt the quenching thereof without further scruple, as thereunto called of God, we say if we be so obliged and called in the case of a particular, then much more are we obleiged and called, when we behold the Great Mansion house of this Common wealth, and of this Army (wherein all the families of the Nation are contained) on fire, all ready to be devoured with slavery, confusion and ruin, and their national native freedom (the price of their treasure and blood) wrested out of their hands, as at this present appeareth to our best understandings: And therefore in this exigency and strait of extremity, we from the very dictates of Divinity, Nature and Reason engraven in our hearts could not otherwise choose (with quiet and peace to our consciences, (which no mortal man can take from us or suppress the overpouring motives thereof) but consider with ourselves, what we should do to award those threatnning mischiefs from this nation and army & to that end we find nothing more effectual then to knit ourselves together with this fixed resolution, to part with our lives and all that is near and dear unto us, before we part with our freedoms; and in relation thereunto we the Agents to five Regiments of your Horse, have after our weak manner in this our Representatation directed to our respective Regiments and to the whole Army, discharged our duties; And we presume we have not erred from the equitable sense of our solemn Engagement, or from the just maxims and matters contained in our Declarations. Remonstrances, etc. from the which we are resolved not to receded. Thus humbly craving your Excellencies favourable construction in our innocent intentions and endeavours, we (as we always have been) cordially remain. Your Excellencies, and this Nations faithful Servants and Soldiers, to stand or fall with you and it, for common Right and Freedom. Lieut. Gen. Edward Trevers. Edmon Bear. Edward Trevers. Edmon Bear. Come Gen. George Garret. Jeremiah Cole. Col. Fleetwood. William Prior. William Bryan. John Fletcher. Col. Riches. john Dober. William Hudson. Col. Whaleys. Matth. Wealey. William Russell .. Hamstead, October 15. 1647. We appoint Edmond Bear, and William Russell abovesaid, in our names to present this Letter together with our Representation entitled, The case of the Army, etc. to his Excellency Sir Thomas Fairfax.