A JUST VINDICATION OF THE ARMY WHEREIN All that doubt may have large satisfaction, in relation to their late proceed.  
As touching the Cause, beginning, continuance, and their end therein.  
OR, A Book entitled, The Examination of the late passages of the Army (especially of the grounds laid down for their Justification in their Declaration, June 14. 1647) Examined, Refuted,  
By A. WARREN.  Micah 2.1, 2. 
Woe to them that devise iniquity, and work evil upon their beds, when the morning is light they practise is, because it is in his hand, etc.  Mal. 3.5. 
And I will come near to you to judgement, and I will be a swift Witness against— those that oppress the Hireling in his wages, the Widow, and the Fatherless, etc.  
Ipsae etenim leges cupiunt ut Jure regantur,  
In Republica max. ma conservanda sunt Jura Belli.  
LONDON: Printed in the Year, 1647.   

A full Vindication of the Army.  
I Have a long time waited, and with waiting longed, to hear, or see somewhat proceed from some of the Army, in order to their own justification, (more able for such employment) and in Answer to the forementioned Book styled, The lawfulness of the late Passages of the Army, etc. Examined. But hitherto my hopes have been frustrate, which hath forced me (unapt for such a work) to crowd amongst others, (not out of vain ostentation) upon the common Theatre ' to each man's public view; my sincear endeavours aspiring no higher, then to give satisfaction to my doubting friends, (if I can) next to that main mark, (whereunto relation ought chief, to be had, in all things) even the glory of God. I was at first encouraged hereunto by the opprobious and despiteful language I frequently heard in the mouths of divers illaffected persons, against the Army, and many times myself being scornfully hit in the teeth, by the showing of this, and such like Pamphlets unto me. And knowing well enough it can be no affront to Justice, to speak the truth, in behalf of the condemned Innocent, (it no whit opposing the just Law of this Kingdom, nor right reason, which is (or aught to be) the ground of all Law, for Lex est summa Ratio) I have undertaken the ensuing discourse. And as it is the greatest glory, that any Nation, or People are invested with, to be under the Command, and Jurisdiction, of a sound, impartial, and well principled Government, and upon good grounds, not to fear slavery, vassalage, thraldom, a yoke too ponderous for any to puton, (especially those, who are born free, and have the very name of freedom written, in so fair a Character in their foreheads, (Ab Origine) that it is conspicious, to the whole universe, and the remotest Nations can read it as well as themselves:) So, on the contrary, for such to lie tamely under the corrupt Constitution of an enslaving power, (being clothed from their creations, with admirable Immunities, Nature herself crowning them with so rich a favour, and abhorring thraldom in any) is the greatest obloquy, and brand of shame, sorrow, and infamy, that can befall a free State, or Kingdom. Oppression, injustice, and vassalage, is not, ought not, to be endured in any, by whomsoever, or howsoever imposed, it being abominated and detested by the sacred Laws, of Religion, Reason, 
Roma Tybur amo vent su, Tybure Romam. Verg.  Nature, and Nations. It is a very sad disaster, and a great sign of instability, when men, and their principles differ upon every occasion, nay sometime without the least visible occasion thereunto. I know no one place or text of Scripture, the truth whereof hath been better backed, and attended, in all foregoing ages, and our present times, 
Obad. 7. ver.  with more credible testimonies of verity than david's so often repeated Maxim, That those of a man's own house, commonly prove his greatest enemies. I shall not make any Application of this to the present opposer, only give me so much favour, as to tell you with all meekness, that though you had not that relation to the Army, as serve the State with them in particular engagements in the Field, yet that you should pretend friendship when their hearts, and hands, were active, and successful in fight for freedom, and now desert and deny them, for desiring the fruition of the same things they contended for, is no less than a wonder to me; insomuch, that (I fear) you, as well as others, in cases of the like nature, and concernment do hoist sail, more for some private unhappy respect, then for public good and interest; but beware lest your unsound vessel meet with rocks, and there God find you out to your shame. Will you give the Army leave to sight, and spill their blood, for the recovery of the just wholesome Laws of the Nation, and shall they not be permitted now to speak for the execution of them? Will you be a friend when they fight, and a foe when they have obtained, because they desire the reasonable performance of undeniable engagements? Have not the whole Kingdom cause to look about them, and suspect, (yea and in time prevent) a design, when men descent from the Army, because their tongues concur with their hearts, hands, and the end of their Commission. But not to tarry any longer here; we will come to the preface or Introduction to your Examination, which in the first place you lay down thus;  
●f the late Declaration from the Army, of June 14. 1647. had given satisfaction to all their friends (as it seemed to promise in the first line) I should then have been silent, etc. It was not the intent of that first line, that the Declaration could without a blessing give satisfaction unto any, much less to all their friends, for it's not in the power of any (but God himself) either to persuade, or prevail with the judgements of men, and the Declaration is but a means thereunto tending: And that the Declaration (concluded on by his Excellency Sir Thomas Fairfax and his Council of War, afterward read in the head of every Regiment in the Army, and at last consented unto by the Officers and Soldiers thereof) did not give satisfaction (though intended for that use) to all their pretended friends, or real enemies, is not through any insufficiency in the thing itself, which is to all rational men satisfactory enough, considered as an instrument; but either their own incapability, stubbornness, or selfe-ends, by which means they will not incline their ears to the truth thereof. Then you say, who have ever (until some of their late proceed) not only had the Army in great esteem and honour, but studied and endeavoured (according to my abilities and place) to be serviceable to them: Truly Sir, for your pretended esteem and honour of the Army formerly, (whilst it lasted) they were beholden to you; but it sills me with admiration, that you were no more real nor stable, and that your principles should be so slippery, as degenerate from what they were, and your judgement so darkened, as to mistake the well-grounded purposes and principles of the Army: and what those late proceed of theirs should be, whereat you take occasion to withdraw your first love, I am altogether ignorant of, unless because the Army are (by divine power) contriving, how righteousness and peace might kiss each other, justice and judgement run down our streets like a mighty stream: and for your studying to serve the Army, according to your place and ability, and not persisting therein, whilst they in the whole progress of this late business, have not in the least desired aught, but what the Parliament in their many Declarations have faithfully promised, (I wish they had been as really performed, & then our troubles had ceased) might be sufficient cause of sorrow and sadness unto you.  
And to speak in justification of their very adversaries, in this one respect I dare boldly affirm it, the Army have received more civil usage, courteous respect, and affectionate expressions of love from them, then from many of the near pretended friends of the Parliaments Cause; and this not out of any hopes they have, that the Army should effect that at last, which at first they opposed, and the other party stood for; or that they look for any courtesy or favour from them, more than what in conscience and equity, they are bound to allow them; but merely from the observation of their good ends, (whereof many are convinced) civil deportments, and honourable performances of Articles and Covenants, which merits no less than cordial affection from very Enemies. But now you say, all your glorying in them is turned into shame, and your prayers and praises to God for them, into mourning and astonishment: I had rather hear this were for the forecited reason, to wit, your strange revolting from the Kingdom's cause, then that you seem to mention, viz. to see that under the general notions, and colours of God's glory, and good intentions to the Liberties and peace of the people of this Nation, the late actions and practices of the Army, in disobeying and opposing the Parliament (if persisted in) will appear to be contrary to the Laws of God and the Kingdom, and to their duty, trust, and engagement to the Parliament of England, etc. I am sorry the eye of your judgement is so much obscured, and you so much mistaken in the affairs and proceed of the Army: Doth it derogate more from God's glory, when the Army present their humble desires to the Parliament by way of Petition, than it did when they freely poured forth their blood against the stubborn Adversaries of our Tranquillity and Freedom? Are the good intents of the General to the Liberties and peace of this Nation, less good, because he hath gained them (vi & Armis) from the irreconcilable enemies thereof, and now desire the enjoyment of them for the Nation, from those who arbitrarily and unjustly detain them? Is it more disobedience or opposition in the Army, to demand the price of their blood, even their hardly got Liberties of the Parliament, than it was in the Parliament at first to raise war against the King? The Army might say to the Parliament in relation to their late proceed, as they said to the King at the beginning of this unhappy fraction;  
It is a levying of war against the King, when it is against his Laws and Authorities, 
Book Dccl. part 1. pag. 276 where by the Statute of 25. ●●d. 3.  though it be not immediately against his Person and the levying of force against his personal commands, though accompanied with his presence; if it be not against his Laws and Authority, but in maintenance thereof, is not levying war against the King, but for him, etc. So (and no otherwise) it is disobedience and opposition against the Parliament, when it is against their Laws and Authorities, though it be not immediately against their persons; and disobedience and opposition to their personal commands, though accompanied with their presence, if it be not against their Laws and Authorities, but in maintenance thereof, is not disobedience and opposition to the Parliament, but the defence of the Parliament and their due Privileges: In the judgement of any ingenuous man, that which you call disobedience and opposition in the Army, is no more than what the King called Rebellion in the Parliament, and their actions then will appear as contrary to the Laws of God and the Kingdom, and to their duty, trust, and engagement to the King and Kingdom of England, as the present progressions of the Army will to the Parliament of England; for it is evident to all the world, that the Army are guided by the very selfsame principles now, that the Parliament were grounded on at the beginning of this unhappy distraction; 
Novemb. 2. 1646. Declar. 1 par● 696 & page 150.  observe but their own expression, That obedience binds not men to cut their own throats, etc. had the Army obeyed the groundless personal Commands of the Parliament, how unhappy had both themselves and the whole Kingdom been? The Parliament at first alarmed the whole Kingdom, crying, Arm, arm, arm, with beating of Drums, and soundings of Trumpets, (the sad precursors of ensuing War, and woe) assuring the people, the King, and his Counsel then, intended to destroy their Religion, subvert their Laws, enslave themselves, etc. Whereupon the people suddenly set themselves in a defensive Martial posture for the Parliament against the King; and both parties resolved, and to that purpose declared, to stand by each other, in safeguarding their Freedoms, & immunities, (the justest cause of any War,) whereupon, an Army was immeadiatly sent forth, who took upon them to restore (or lose their lives) the people's Freedoms; this being done, and liberty purchased with the effusion of blood, were it not perjury, and perfidiousness in the Army, to suffer some Members of Parliament (after all this) to enthral the people, and undo themselves? Which was evident enough they would have done, (had they power answerable to their malice) as appears by Sir Philip Stapleton, who was heard to report, when the Army but intended to Petition for their deuce, That it was come to that pass, that either the Army must down, or They, meaning himself and his corrupt Rivals, must down.  
And if the Armies refusing to forfeit for ever their own and the Kingdoms freedoms, and surrender it, though earned with the invaluable price of their dearest blood, to an inconsiderable party, of Arbitrary, merciless men, in both, or either House of Parliament, be disobedience, and opposition, as you term it, to the whole, then how will you define obedience? Do you imagine the Parliament cannot oppress? And if they do, must not ease be petitioned for, but for so doing the Petitioners must be accounted disobedient, and opposers? Parliaments were called for the benefit, and not dis-ease of the people.  
There are several things, 
Four causes of a Parliaments being  which are chief the considerable Causes of a Parliaments Being; 

1 The out-cries of a free people enslaved, to their King, for his Summons.  
2 The King's Summons, for the calling of a Parliament.  
3 The people's Election of their Members.  
4 The Members appearance (upon the foresaid Summons and the people's Election) to any place appointed by the King, for to order, and dispose of the great Affairs of the Kingdom.    
Now when this Assembly thus lawfully gathered, shall forget the ends of their Constitution, and not rectify, or cause to be rectified, the known wrongs, and greivances of the People, and restore liberty to the enslaved, the people may, (and are bound thereunto by the Laws of Religion, Reason, Nature, and Nations,) sue, and Petition for their just rights. Neither have the Parliament power to Act, 
jer. 38.5.  or order any thing but that which tends to the mutual good and known weal of the people. If King Zedekiah, by his own confession, could not imprison a man, without, or against the advice of his Princes, then by what Law, can the King, or Parliament of England, or both together, assume such a power to themselves, as bereave the people of their liberties, and birthrights? The people of this Nation, and so the Army as a substantial part thereof, being equally born free, may refuse obedience to any Acts, or impositions of King, or Parliament, whose apparent tendency is to their own ruin, and overthrow: and if it be so, that the Kingdom, and Army, must neither refuse obedience to unjust commands, nor Petition for redress of manifest wrongs, (without being branded with disobedient, opposers, infringers of the peace of the Kingdom, and enemies to the State, and that which will be the sad consequence of all these, even the whole Kingdom and Army exposed to the limitless pleasures of merciless men, whose tender mercies (as the wise man saith) are cruel, then farewell endeared Freedoms for ever.  
Object. But to this you will happily object, Who shall judge when the Acts of the Parliament be destructive to the people?  
Answ. In this case I know, at present, no better judge than their own common and frequent experience, that undergo oppression and wrong; who can better inform a man that he hath lost the use of one of his joints or members, than he that wants it?  
But not to stay longer here, I shall proceed to your next clause, to wit, by 
* Parliament.  whose Commission they are an Army, and are but a tumultuous number of men; when they act or do any thing that is not in order to or within the limits of that Commission, which I take to be, the utmost bounds of their calling as an Army: and when any man or number of men, step out of their calling, or if in their calling run out into by and unwarrantable ways, they can upon no good grounds look either for protection, or expect a blessing, etc.  
It is true, it was by the Parliaments Commission and none others they were an Army; yet that was not the only cause of their being an Army, but something in relation to the Kingdom in general, and something also in relation to themselves in particular: and therefore observe these things considerable in the raising and levying of a lawful Army. 
Three things to be considered in the raising of a lawful Army.   

1. The lawfulness of the Cause.  
2. The lawfulness of the Call or Commission.  
3. The collection or gathering together of the people in a formidable posture.   
For the cause of raising this Army, it was the preservation of His Majesty's Royal Person, and Kingdom, restauration of our almost lost Laws and Liberties, defence of the just Rights and Privileges of Parliaments, etc. their Commission was from the Parliament, and their collection from themselves freely and willingly without constraint, or force, and this last they were induced and provoked unto by virtue of the two former, to wit, the Cause and Commission; all which have a necessary dependence each on the other, and are inseparable in the levying of a lawful Army; insomuch that a Commission without the people's free consent, cannot raise an Army, nor both of them (as some have untruly said) make a lawful Army, without a lawful Cause.  
And now I appeal to you and the whole Kingdom, if the Army have not to their power, inviolably observed, and with the price of their blood, effected the substantial end of their Commission, which was for the defence of the Kingdom, etc. as their own Ordinances import, 
Ordin. Feb. 15 1644. & Apr. 1. 1645.  and if some dis-affected Members in both or either House of Parliament, did betray the confidence and trust reposed in them, and by their too effectual insluence on others, (who perchance have no great desires to close with, or can discern their base ends therein) so carry on their deep and dark designs, that the Kingdom suffers too much prejudice by them: must this constrain the Army to do so likewise? Shall none be ready to stand in the gap in behalf of this almost ruined Kingdom, and stop that inevitable inundation of misery ready to overwhelm us through the inhuman malice of those who make their lust their Law? Is there no means left of freedom from Egyptian Taskmasters? Was it lawful for the Army to oppose vassalage and thraledome to the death in the King's party, and shall they so easily subject themselves, and by their means the whole Kingdom to a fare worse tyranny in some Members of Parliament? Or shall they outstrip their Commission, which is just and equitable, which is still in force till the ends thereof be performed by the Parliament as well as by them, and now run themselves into extravagant courses of Injustice and Tyranny, because others do so? Must they bid adieu to their Commission and the fruits of their labours, because they have laboured, and those who gave them their Commission command them? But I shall retort this assertion into your own bosom again thus:  
The Parliament are a Parliament by the King's Warrant and the People's Election, for hearing complaints and redressing wrongs in the Kingdom: But when they act or doany thing that is not in order to or within the limits of that Warrant or Commission, unless they pretend a Commission limitless, as the sequel of your discourse imports, and tending also to the people's benefit, by whom they were chosen, which I take to be the utmost bounds of their calling, as a Parliament, they are but a tumultuous number of men, and though any particular man, or number of men in the Parliament, step out of their calling, or if in their calling run out into by and unwarrantable ways, they can upon no good grounds, that I know of, either look for protection, or expect a blessing.  
And then, as you import in the next place, however such proceed being backed with policy and power, may have success at present, yet they are sure to be bitterness in the end.  
For the rest of your Exordium or Introduction into your discourse or pretended Examination, I shall leave as impertinent, my ordinary employments not favouring me with time enough to examine every thing.  
Now to the first part of your Examination of the Army's Declaration, where you affirm,  
That although as particular Englishmen, they may petition or plead for what they think makes for the right, freedom, peace, and safety of themselves and the Kingdom; yet they cannot do it as an Army, for that relates only to those uses (for which it was made) limited within Commission: of your Assertion, I make a triple dividend, the affirmative and negative parts, and the reason of the latter.  
1. In your affirmative part you grant all I desire, and therefore needs no further trouble, to wit, that as particular Englishmen the Army may petition or plead for what they think makes for the right, freedom, peace, and safety of themselves and the Kingdom.  
2. In your second or negative part you affirm, they cannot do it as an Army. To which I answer:  
If not as an Army, than not at all; but their being an Army layeth several engagements on them to petition.  
1. The violence, oppression, and injustice done to the people, in not hearing, and granting their just desires and Petitions, unwarrantable commitments, illegal levying of monies, and neither paying them for the uses pretended, nor at all accounting for them, with divers other galling pressures, which constrain the Army, as an Army, to plead and petition for the Kingdom and themselves.  
2. The cries and doleful clamours of many thousands, distressed people in several Counties of this Kingdom, abused, reviled and rejected by their illaffected trusties in Parliament, enforceth them to plead as an Army; which said people, after the presentation of divers humble Petitions, yet refused, though by due course of Law, reason, and honesty, they ought and are bound in conscience not only to receive them, but make report thereof, and give effectual answers thereunto, know no other means left them under the Sun, for the obtaining their just but lost Liberties, except this Army, as an Army, in which case they make a law of necessity, 
Necessitas non habet Legem.  which is without law, and exemption from vassalage, their reasonable suit.  
3. Their very Commission in a double respect, doth enforce them as an Army hereunto, which might sufficiently satisfy any rational conscientious man, in relation to their late proceed; though no more were said of it. 
Reasons why their Commission warrants them.   

1. Because they received it from the Parliament.  
2. They received it from the Parliament by, and according to Law.   
First, they received it from the Parliament, who are a lawful Parliament, and so to be obeyed whilst they act and order, according to the Laws that made them so, and in order to the special ends of their being and constitution.  
They received it from the Parliament by and according to Law, and so are enjoined by Law, to observe the commands and injunctions of the Law therein, and to compass the ends of the said Commission, according, and not against or without Law, though the Parliament themselves should severely require it: And if this were not so, the Army must and aught to infringe and violate the Law, and consequently for get the meaning and ends of their Commission, because they do so from whom they received it. It stands not with reason that you or I should act the parts of madmen or fools, because some, and those eminent wise men and nearly related to us, have done so before us.  
The principal part of their Commission I have before rehearsed, which is, ●or defence of the Kingdom, according to the forequoted Ordinances: whereby it is evident, that if the Army by virtue of that Commission, are bound to defend the Kingdom, which is the utltimate end thereof, then are they obliged also, to the defence of every particular member in the Kingdom, without limitation of time, or respect of persons; and if the Army may defend the Kingdom against the encroachments and inroads made by the King upon our Liberties and Franchises, (he being the Superior Magistrate in the Kingdom, whilst guided and biased by Law) then doubtless they may as responsibly defend it against the usurpations of the Parliament, when their actions run in the corrupt channel of the people's vassalage, ruin. And in case the Parliament refuse to give the oppressed protection and deliverance, than the Army must and are bound to do it for them, or else they must be forced to set themselves in a warlike posture, and require it of them; which to do, how sad it would be to the Parliament and Kingdom, let all judge.  
When any case of public concernment is in debate by the Parliament, tending directly to the weal of the people or not, and then referred to a Vote, that Vote carries it right or wrong: Now if the Parliament consist of so many illaffected Members, which was the condition of the House since their last new moulding, as to carry the Vote to the disturbance and prejudice of the people, when it is apparently and evidently so, and the people smart and groan under it, and when they petition no redress can be had, than I beseech you, what other course or means is there left for this distressed people to take, but to use the power of an Army? or must they and their posterities, notwithstanding they were created free, lie for ever under such insupportable languishments? It is true, the Army received their Commission from the Parliament, and so did the Parliament theirs from the people; so that the Army are as equally entrusted by the people, as they are by the Parliament, or the Parliament by the people: For the Parliament were no Parliament without the people's leave, nor could they give Commission, till first they received one themselves: whereby it appears, the Army have their Commissions as certainly and undoubtedly from the people of England, as any inferior Officers in Sir Thomas Fairfax's Army have theirs from the Parliament; and the people are as really obliged, to stand firm and entire to them, whilst they act according to their Commission, as the Parliament are to countenance and protect any Officer or number of Officers, who refuse obedience to their General, when he commands him or them to betray their trust. Therefore I say, if the Parliament forget their first principles, and stop their cares from the people's sigh, the Army are required (if they violate not the trust reposed in them) to use their best endeavours to relieve them. And this clears the third part of their assertion, which is the reason you give why the Army cannot plead or petition for what they know makes for the right, freedom, peace and safety of themselves and the Kingdom, as they are an Army, to wit,  
Because that relates only to those uses, for which it was made, limited within it Commission.  
Which Commission (as I said before) doth as really authorise them, as an Army, to desire right from the Parliament for the people of this Nation, as it did put them in a capacity of fight, and pouring out their blood for their rights; or the Parliaments Commission did invest them with power to regulate the affairs of the Kingdom, and consequently, in case of visible necessity, to raise and maintain an Army in order thereunto.  
If the Parliament declare against the Army for the just prosecution and performance of their own Orders, and Ordinances, they do as immediately and directly declare against themselves; yea, by striveing to condemn and overthrow the Army, they do but dig a pit or lay a snare (as David saith) for themselves to fall into: For if the Parliaments Declarations and Ordinances, by themselves framed and composed, in order to the raising and maintaining of a force, and granting them a Commission, were not according to Law, which most men confess they were, than the Army were culpapble and responsible to another Parliament, if any should be after the dissolution of this, for obeying the Votes and directions of this, yea and this Parliament themselves could not be free from severe examination in this particular. But if the Parliaments Declarations and Ordinances in relation to the levying of an Army, were firmly grounded on Law, and Reason, as undoubtedly they were, and so kept and precisely observed by the Army; if the Authors of them, viz. the Parliament should begin and persist in the unjust violation of them, who is faultworthy? the Army that keepeth them, or the Parliament who infringe them? If the Parliament command injustice, shall not they be responsible for it, when the Army who did but execute their commands, escape ? Shall the instrument be broken, and the hand that made and used it, be discharged from the fact? Doth the Army crave any thing but what the Parliament have often promised, the Law warrants, yourself, with the rest of your friends, I hope the Armies friends too, would willingly and gratefully partake of? If they do, than what is it? If they do not, then why are they so much blamed? When the war was hot in the Kingdom, which, and for which blessed for ever be our God, is now assuaged and mitigated by the fidelity, valour and unanimity of this Army, under the wise conduct of puissant Fairfax, the only instruments in God's hands to period our dismal distractions, they never troubled the Parliament or themselves with things of this concernment, but quietly and patiently, as led thereunto by the very hand of providence, obeyed all commands tending to public safety, and freely underwent the saddest exigences of a fiery War: and when none else were honoured with the like victories, they endured without grudging or repining the test and brunt thereof, and never molested the Parliament with one scrip or line, as other Armies did, and at that time well enough resented too, which might impede them in their public and ponderous negotiations: yea, they freely subjected and exposed themselves to the merciless extremities of wind and weather, hunger, nakedness, the disfavour and hate of divers of their best friends, and what not? But alas! we are now again in peace, and these mercies are utterly forgotten. Besides, other Armies before this, did several times plead and petition, as Armies, not so much necessitated thereunto, as this Army is, and it was well accepted, and requited with plausible answers of satisfaction in their just demands; yet this Army, if they but offer to petition as an Army, is so ill resented, that they shall immediately, without being heard for themselves, be declared enemies, etc. Had they but (unworthily) committed those outrageous incivilities, and offered such affronts and indignities to the two Houses of Parliament, as the London Faction (the best friends to the impeached Members) did, I dare affirm, the City and whole Kingdom had been flaming about their ears ere this day: but this is not so considerable a crime in them, nay, no crime at all, as some peremptorily report, because they were no Army, had they but a Commission, than this were a fault in them, but as the case stands now, it is none. Had not our Brethren the Scots (not to deprive them of their deuce, which they deserved) all that they desired or demanded as an Army? 
Pax quaeritur Bellc. L.G. Crumwells' Motto.  But now tempora mutantur & nos mutamur in illis, this Army must not desire those things as an Army, which other Armies with much facility have obtained: and all the reason I know for it is, because peace is extracted from war, by the prodigal effusion of the precious blood of divers in this Army.  
In the next place, you say, for their affirming they are not a mercenary Army, you will not spend time to dispute it, and in my judgement you have taken the wisest course, unless you be so good a Sophister, as to make truth appear falsehood, and falsehood truth; which is something difficult in the apprehension of any honest man. Yet, say you, every one sees they insist much on their wages: and good reason they should, when so many of them have spent the prime and flower of their years in the service of the Kingdom, divers of them being men of trades and callings, and have charges of families, who depend wholly upon their honest endeavours, and were able sufficiently to maintain them before this war, and now have no subsistence or livelihood, whereby to relieve themselves or families, but that small pittance of pay they seldom, yet sometimes receive from the State, who called them from their functions to public employments.  
Others there be, who though they have sufficient estates, yet some of them have been wholly sequestered in those parts of the Kingdom where the King had any Garrisons, or parties to command them. And the rest by reason of the unsupportable taxes of the Kingdom, had little or no benefit by them: yea I have known some that have served the Parliament faithfully and valiantly, who have been worse dealt with in their estates than Papists, and others who were in actual service against them. And now tell me, if the Parliament are not bound to give the labourer his deserved hire, and this Army have not sufficient cause to insist on their wages: I am very confident, that if the Parliament had but allowed them what was promised, and for the use levied in the Kingdom, you nor they should have heard one word more of them, in relation to that particular.  
And for that Scripture you allege in the 3. of Luke 14. that Soldiers should be content with their wages, the Army have been in the whole progress of this war so fare from grudging, repining, or being discontent with their wages, that they have been very well content without it, even to the admiration of all the Countries they have marched thorough, and (for aught they or I can perceive) are like so to continue yet a while. The Kingdom are sensible enough of nineteen millions of money (some say 73000000.) that hath been with more than ordinary haste, and in little time extracted from them, and if any part of it be transported beyond Seas, it's past their skill to bring it bacl again: yea they know also, the Army have not received above 1400000. l. of all that vast sum: and how the residue is disposed of, cannot (I think) be well and honestly accounted. I presume, that if all the Parliament-men in England, Committee-men, Sequestrators, Excize-men and all the Assembly-men, with all their Clarks, Attendants, and fellows, and all other such Officers made since the War in pay, were but drawn together into one field, you should find them in number to super-equallize half Sir Thomas Fairfax's Army, and these men have been constantly paid, de die in diem, from day to day; but the Army who have secured these by the frequent distilings of their blood, must be content with a twelve months pay in two years' time, and Ordinances must be made for the discharge of their quarters too, of purpose to set the Country and them together by the ears, by making them believe the soldiers must do what is impossible for them to do, viz. discharge their quarters, when they have scarce money to buy them  to keep them from the cold wind, and air.  
Truly Sir, you might rather admire the patience of the Soldiers, that they have forborn so long, and been no more earnest for their wages, then that they have insisted so much thereon at this time. There be divers Sequestrators and others, who enrich themselves with the ruins of honester men, and fill their coffers with the decayed Country's wealth; yet such men may escape unquestioned, for their oppression and injustice, when the Army shall be reviled, despised, declared against for insisting on their wages, and petitioning for it, though in a legal way: but the old Proverb is verified by this, That some had better steal a horse, than others stand and look on.  
There is the high and mighty Sequestrator of Suffolk, his name is Base, (so is his nature) and if his head had been sequestered from his body long since, it had been better for those parts: his own estate at the beginning of this war was worth 70. or 80. l. per annum, and as much in debt as his estate was worth; yet in these few years of England's misery, hath he been making his harvest; for he hath not only discharged his debt, but proffered to a Gentleman, an acquaintance of mine in that Country, above 3000. l. for his house and Land that he lived on; and (as I am credibly informed) hath purchased some store of Land in the same Country, and also sent some quantity of Cash into Holland against a rainy day, there to keep Christmas with his Grandsire Waller, and the rest of that rabble, birds of a feather, flock together: and therefore you may imagine ex pede Herculem, by the dimension of the foot, the proportion of the whole body. So much for that part of your Examination: than you continue thus:  
For what you speak of the Arbitrary Power of a State, and of violence, oppression, particular Parties and Interests, if you apply it to the present case, to justify your not obeying the Parliament, and otherwise it signifies nothing, than I must say, it is exceeding unjust when you do not instance in any one action wherein they are willingly guilty of any such charge. To this I shall reply as concise an answer, as I can, and that in these ensuing particulars:  
1. That you have mistaken the candid meaning of the Declaration, for it speaks not positively of the Parliament, or any others, that they have done violence, oppression, injustice, etc.  
2. Whereas the Declaration saith, they will vindicate the just power and rights of this Kingdom in Parliament, against all arbitrary power, violence, etc. it speaketh not in relation to the Parliament, as I said before, unless your and their consciences inform you, that they, or rather some of their Members, are guilty of the premises, and so come under the lash of that Declaration; but those, whatever he or they be, who have, do or shall for the future practice arbitrariness, violence, oppression, etc. against the free People of England, as the impeached Members have done.  
3. It is not wisdom in any man, or society of men, to instance particulars, before a general is proposed, though but in the charge of a single man.  
4. If all were true that you say, and that it were so, that if the Army apply not what they speak of arbitrary powers, violence, oppression, etc. to the present case, it signifies nothing, and that i● is unjust in the Army, that they do not instance one action of injustice the Parliament have done, yet it can be reputed (time, place, and other inconveniences considered) no less than a point of greatest modesty, meekness, and wisdom in them to forbear a while.  
5. Though your misapprehension were granted for a truth, which I dare not do, that it was the intent of the Declaration peremptorily and positively, to tax the Parliament of arbitrariness, violence oppression, etc. yet for your satissaction, and the Vindication of the Army from that aspersion of Injustice you east on it, I shall instance in some particulars, wherein arbitrariness, violence, oppression, etc. hath been conmitted in a more than ordinary measure, and with unaccustomed speed, though I confess, it is such a point, that I had rather deny myself in silence, and weep over the failings of men, then to rip them open to the view of the world.  
One is the late ordering of the Militia of London, and remomoving it out of the hands of those who had (during the late Wars) served the Parliament and Kingdom faithfully and valiantly, not fearing to hang their lives on the points of their swords (as at Gloucester and both Newberry fights) in defence of the just Freedoms and Rights of this Nation, and disposing thereof into the hands of some, who are no less than Delinquents, if they had their due, and others whose cowardly hearts dare not adventure further than they see the smoke of London Chimneys, and yet are (forsooth) tied to a Sword in a Militia posture; some again there be who have all these times kept at a distance and stood as Newterall and dis-affected to both parties, and these are the men to whom is committed not only the guard of that renowned, famous, wealthy, and populous City of London, and by consequence of the whole Kingdom, the Army once disbanded, it being the Headquarters and Magazine thereof; but they are also entrusted with the safety of the Parliament, the grand Court of the Kingdom, and those honest conscientious Worthies of London were dismissed, to their extreme dishonour, in the vulgars' view, as if they had done something worthy cashiering, and that, upon no grounds in the earth, nor as much as one word was objected against them. If they may do thus to the City, that is as an entire, compact Army within itself, what will they not do to the whole Kingdom? Would they not have entrusted Malignants and illaffected persons with the Militia thereof as at London, and so set the Kingdom all on sire again? Was not this the ready way unto it? But it is evident to all men, that what was done in this particular, was in order to a plot of enslaving the freeborn people of England, and that chief by the traitorous impeached Members, who well knew that the  honest party were not perfidious enough to serve their designs, and rather than they would want help to set them forward, would intrust any, though never so bad, therefore moved the House therewith, and by their subtle instigations and malevolent influences on divers Members, got this cursed conspiracy passed and ordered, to the great discouragement of all the honest sincere party of the City, and endangering the ruin of this enough miserable Kingdom.  
Again, the unjust imprisonment of Lieutenant-colonell John Lilburne without expressing the cause of his commitment in the Warrant, though by due course of Law they ought and are bound thereunto: and keeping him under miserable restraint, not permitting him to have the use of ink and paper, nor suffering his wife or any of his friends to come near him for a long time.  
Then the breaking open M. overton's door of his house, that stout stickler for England's Liberties, by a company of 
* Pro. 29.12.  uncivil Ruffians, and surprising him and his wife in bed, and forcing him thence to appear before the House of Lords, without Order or Warrant that he could at that time hear of, though much desired, but after they pretended a Warrant from the Lords, from thence they dragged him head long through the streets, through dirt and mire, and on the stones, all the way most vilely abused and beaten to Newgate, and there laid in double Irons, where he hath continued from the third of November, 1646. till this present time, and no kind of relief or hearing can be had for this miserable and distressed man: Bur further, as not content with this, and not supposing it woe enough for the poor man, they send again to his house, where finding his sad-hearted wife and three small children about her, (poor soul disconsolate enough God knows) took her and his brother away, and forced them to appear at the Lords Bar, plundered and ransacked his house, exposing the helpless children to the mercy of the wide streets, and all this before any presentment or due process of Law proceeding: and from the House of Lords, both of them were sent to the new Prison in Maiden-Lane, where he still continues, but she under pretence of another Order was dragged in the same manner that her husband was, to infamous Bridewell through dirt and mire, with an Infant of half a year old in her arms, not regarding her Sex, Age or present condition, 
Virro & ux●r sune quasi unica persona, qula care una, & sanguis 〈◊〉, etc.  but abusing her with the nicknames of Whore, Strumpet, etc. where she hath been ever since kept in miserable restraint, not permitting her to have the liberty of being imprisoned with her husband, notwithstanding Gods Command against such separation, or as much as once to visit him in all this time, or enjoy the comfort of her children about her, or suffering her to go a little abroad with her Keeper, to take the fresh air, though her life hath been apparently endangered by the want thereof.  
Then there was Major Balsam, who had served the Parliament conscientiously and stoutly, under the command of Sir William Waller, he was a long time (after the dissolution of that Army) a humble Petitioner to the Parliament for some part of his Arrears, having nought else to depend on for the maintenance of himself, his wife and three or four children, but he waited so long, and to so little purpose, (as most do who wait there) till at last he died most miserably for want of ordinary sustenance: and when he was dead, his* Father-in-Law and wife, 
M. Michael.  knew not how to bury him in four or five days, for want of money, till at last some money was ordered his wife, wherewith she buried him.  
There were thirteen or fourteen more soldiers that served in the same Army, who were starved in the same manner, 
Pro. 21.7.22.16.  which will be proved upon oath; the robbery of the wicked shall destroy them, because they refuse to do judgement. He that oppresseth the poor to increase his riches, and he that giveth unto the rich, shall surely want. 
Mal. 2.3, 5.  And I will come near to you to judgement, and I will be a swift witness against the Sorcerers, and against the Adulterers, and against false swearers, and against those that oppress the hireling in his wages, the widow and the fatherless, and that turn away the stranger from his right, and fear not me, saith the Lord of Hosts.  
Again, the Widows and Orphans of those slain in the service of the Parliament, who were well maintained by their husbands, and fathers, before this war, are now feign to beg their bread from door to door in London and elsewhere, for want of promised relief from the Parliament.  
Besides, their refusing to hear and answer the cries, groans and Petitions of the distressed, and those who entrusted them to sit, though bound thereunto by the strictest engagements of the Laws of England, of Conscience, and Reason, which way of Petitioning, is one of the greatest privileges the people of this Kingdom are invested with, yet often refused, as that of the virtuous Gentlewoman Mrs. Lilburne, presented to every Member of the House, as they went in but never any satisfactory answer returned, 
The forementioned passages relate only to particular men, but they have special influence on the whole body of the Kingdom and Army.  as if they were resolved to make that honest conscientious Gentleman, and gallant Soldier for his Country's rights, her husband, a perpetual slave.  
Then the Petition of the entire Counties of Hereford and Buckingham, though just, legal and seasonable, was cast aside, rejected, and at last disgracefully burnt by the hands of the Common-Hangman. If they will disappoint two whole Counties in their reasonable demands, sure a si●gle man shall scarce have audience, or right from them.  
Also the Petition of the Army, which contained nothing but what was equitable, and honest, yet before it was presented, whilst the Army were but desiring their General to solicit for them in behalf thereof, they were declared enemies to the State, and obstructers of the relief of Ireland, if they persisted: as if their being an Army and fight for freedom, had deprived them of their freedoms and birthrights.  
Another main and more general oppression, is the billeting of Soldiers on the enough wasted Country upon Freequarter, the heaviest pressure they undergo for the time, and neither giving them their due pay, that so they might be able to discharge their quarters, nor abateing it in the Taxes and Contributions of the Country, which are daily continued.  
I shall forbear to proceed any further in the sad relation of these passages, they are already so common in each man's mouth: I shall only request you to peruse the Petition of the enslaved Commons of England, 
july 6. 1647.  called England's doleful lamentation, presented to his Excellency Sir Thomas Fairfax, and there you may behold acts enough of arbitrariness, violence, and oppression, and if these things be not done by the knowledge or consent of some Members of Parliament, why then is not ease, deliverance and redress given, and the just Laws of the Kingdom seasonably and duly executed after so many Petitions presented? Is it possible that all these and many more acts (which I shall forbear to repeat) of arbitrariness, violence and oppression, can be done by any but by them, or if they be done by others, (their instruments) it must needs be by their consent, and countenancing of them therein, they durst as well run their heads in the fire, and there let them consume to ashes, as once offer to practise any of the premises contained in the said Petition, without special favour of some of the great Council of the Land. Therefore do you weigh and consider impartially these things, and tell me if there be not a fault, and that a horrible one in that high Court of Judicature. And truly, I can see no way how it may be prevented, whilst they suffer so many 
* Isa. 3.4. Eccl. 10.16.  Boys, (who know better how to Court Ladies then create Laws) Commission of Array-men, men whose estates were but lately (and are still for aught I know) under Sequestration for Delinquency, to reside, sit, vote, and act amongst them.  
I shall insist no longer on this, but proceed to the next thing observable in this part of your Examination, where you affirm for truth, that which (in my judgement) is a gross mistake.  
That those who have a Legislative power, have not altogether a limited power; but that is no more in this (say you) then in all Parliaments.  
This I utterly deny, and do contrarily affirm, that those who have power to make Laws in England, have several bounds and limits, which by no means they are to exceed; one is this.  
1. The Freedom and Birthrights of the people is one main limit; for it is not with us as with other Nations, we are not under that vassalage and thraledome the Turks or French are, if that were our condition, than indeed Stat pro ratione voluntas, they were as limitless, as those States be, and may impose what they please upon us, and make their cursed wills the people's cruel Law: but (praised be God) that is not the condition of this Kingdom yet, though twice designed to be subjected to slavery within these half dozen years; we are yet Freemen and not left to the limitless disposing of an arbitrary State: this therefore is one cord which binds a Legislative power in this Kingdom, from imposing and laying what loads they please on the free people thereof.  
2. The people's knowledge of their own Liberties, is a second great hindrance to this limitless power, it is not unlikely, (if the Parliament continue their extraordinary taxes, and pressures on the Country, after the disbanding of this Army, and use such violence against the Commons of England as they have done by their Committees, and other unjust Officers, and not hear and answer the Petitions of the afflicted) but that they will be all ready with their clubs, & other weapons on their shoulders, to stand upon their own guards. But I hope, they shall have no cause for it, & that the Parliament of England will not take such a boundless power unto themselves, as you would make them and us believe is their due.  
3. Right reason, which in cases conducing to this end, hath no better Judge than the sensible computation of the vulgar, and this is a great stop and obstruction to that limitless Legislative power, for nothing that exceeds the confines of right reason, according to common acceptation in cases of this nature, may or ought be pressed on a free Nation; if they do, the imposers are both liable to answer them, & like to bear them themselves. Non solùm quod licet, sed quid est conveniens est considerandum, nihil quod est inconveniens est licitum.  
4. Scripture, with which right reason accords, & which is as sufficient, full & ample, for regulation and government of the outward man, 
Am. 2.4, 6, 7. & 1.11.  as the inward, and therefore binds and limits all Legislative powers in this Kingdom, to compose, constitute & enact Laws expressly according thereunto. Therefore these things seriously weighed in the just scales of indifferent judgements, do (to me) clearly prove, that there is undoubtedly a restriction of Legislative powers: yet I shall freely lay down my own, and submit to sounder judgements, when the contrary to this that is spoken, is made apparent. The next thing considerable in this part of your Examination, is this: And that so long as the calamities of the times did necessitate Armies, there must needs be burdens laid, even to more than ordinary pressures; but was that the Parliaments fault, or those that did oppose them?  
Here is another mistake, that you go about to vindicate the Parliament from that which the Army never intended to charge them with: it is acknowledged by all men, that in cases of more than ordinary need, the people must be necessitated to undergo extraordinary pressures; neither is the blame laid altogether on the Parliament, but mostly on those, who (contrary to Law) constrained them thereunto.  
In the next place you propound this Quaere: And that these pressures and burdens must be still kept upon the people, is it the fault of the Parliament, or the Army that will not disband?  
It is already made manifest by what precedes, that it is neither the fault of the Army, that they are not disbanded, or the Country oppressed. For, it is not in the power of the Army to oppress or burden the Country, though they would do it, unless the Parliament instate them into it, or enforce them to such exigences, that they are necessitated thereunto; for if they should, the whole Kingdom (to whom they are but an inconsiderable party) would quickly oppose and destroy them: but they well know the fault is not in the Army, which makes them so apt on all occasions to side with them in those things that are just. And let all men judge, whose fault is it, the Army will not disband, or the Country are oppressed? the Parliaments or the Armies? when they neither bring (after seven years sitting) Liberty or Freedom to this freeborn Nation, (nothing in the world, but their own wills obstructing them) or give the Army any lawful, honest, or reasonable encouragements to disband, but contrarily have used all means tending to the mutinous and dishonourable disbanding thereof, as by fair proffers to divide the Officers from their Soldiers, & the Soldiers from their Officers, & when that could not take expected effect, then to divide the whole Army from the Country, and the Country from them, 
This was done when the Headquarters were at Saffron Walden.  witness that Petition framed by some Members of Parliament and fent into Essex to get hands to it, and then present it to the Parliament again. Again, they declared against that Petition, but intended to be presented them from the Army, without hearing them plead for themselves, wherein they desired nothing but the auditing of their Accounts, their Debenters to be cast up, 
Communicated to the Army at the Rendezvous nigh. Royston.  some satisfaction for Arrears in hand, security for the rest, and an Act of Indemnity, not as their Votes import, where they say, that an Act of Indemnity shall be made for the wrongs, oppressions, misdemeanours, etc. of the Army, for if the Army's defence of the Parliaments 'Cause have relation to any such Acts the Kingdom may thank the Parliament and require satisfaction from them, for putting swords in their hands, but or things done in the just prosecution of theirs and the kingdom's service: also provision to be made for the relief of the widows and children of those sluine in the State's service, and for marmed soldiers; yea they were so exceeding imperious and high in this particular, as if they had been absolute Monarches, and intended no less than the utter ruin & overthrow of this so gallant & powerful an Army, for providing for their own securities, defending the people's Liberties and Privileges against their predominant encroachments  
Moreover, because you would have the Kingdom take notice, that the reason of their burdens and oppressions is because the Army will not disband, if they had disbanded at that time and upon those terms, (whilst persisting in their just Petition) how deplorable the Kings, Kingdoms and their State had been, the shallowest capacity can easily determine. Had they not been given over to the arbitrary, merciless power of their malicious adversaries, (the impeached Members) whose designs on the Army and Kingdom were immediately effected after the dissipation of this Army? Was not this the opening of a fair gap thereunto? Would not the Authors of that illegal Declaration have seized on the persons of every one in the Army, after disbanding, where ever they found them, and have hanged them up one by one, the just desert of the States enemies, as that unjust Declaration would make them? Doth not their Covenant bind them to this, the Army being (as before) declared enemies? and if they should attempt to plead for themselves, there is no way left, they are declared obstructers of the relief of Ireland, notwithstanding his Excellency was then ordering a party for that service upon the Parliaments own terms, and enemies to the peace of the Kingdom, though from the beginning the Army freely adventured their lives for to obtain a safe peace for it, yea and that Declaration remain and still would have been uncancelled on Record, had not they (with the blessing of God) prevented it; and who once durst speak a word in their behalf, or expostulate the case for them?  
Object. But happily you will object, that the Parliament did proffer the Army an Act of Indemnity, by which they were secured from that Declaration, that it could lay no hold on them.  
Answ. 1. To this I answer: first, That Act of indemnity was only for the wrongs, oppressions, and misdemeanours, etc. committed by the Army, in tempore & loco Belli, in time and place of War, whereof, as I said before, they were not guilty, unless the sincere prosecution of their service be wrong, oppression, misdemeanour, etc. and therefore that Act cannot secure them from this Declaration.  
2. Again, the Army Petition, and their persisting in the presentation thereof, was not in the time of war, but after the dissolution and dissipation of the King's party, and reducing his Garrisons; therefore that Act of Indemnity, which was only intended for things done in tempore, & loco belli, in time and place of War, cannot secure them from that Declaration, for persisting in their Petition, which was done neque in tempore ne● loco belli, neither in time, or place of War, but in times of Peace.  
Therefore (I say) these things well considered, in a judicious breast, there is but little sound reason (that I know of) why the Kingdom should either imagine, the Armies not disbanding, is the cause of their burdens, and pressure, or the Army should disband on such slight and unsafe terms, especially the Parliaments own principle (viz.) that obedience binds not men to cut their own throats, giving them sufficient encouragement, to make better terms for themselves, the King, and Kingdom. And now I shall proceed to the next thing laid down by you; which is briefly this.  
That the Parliament have judged the forces raised by the King, were to invade the people's rights and liberties, and the just power, and rights of this Kingdom in Parliament, and did publish the same in their Declarations, and thereupon did raise both this and several other Armies, to oppose and resist those forces: but (say you) how these Declarations give them a right to judge, what these liberties, just power or rights are, either of the Parliament, or people, is (I think) past all humane understanding to conceive, neither the laws of God, nor the laws of the Kingdom having made them Judges, nor having put any of the weights or measures of Justice, in the behalf of others into their hands.  
It is not denied but the Parliament did judge (as by right to them it belonged) that the forces raised by the King were to invade the liberties of the people, and that they published the same in their Declarations, and raised both this and several other Armies for the prevention thereof, and preservation of the people.  
But here again is the Army misapprehended by you, and taken up, before they are down, they go not about to draw any conclusion of that nature (nor can you have any grounds for such slight surmises from their expressions, or actions) as to the matter of being Judges of liberty and freedom, from the Parliaments Declarations, although that in itself, be a case dubious, and (therefore) disputable enough, for if they must not know, and consequently judge of liberty and freedom, how must or dare they fight (which you well approve of) for them, unless they fight, for they know not what, or make use of an implicit faith, and believe all the Parliament say to be true, as men infallible, which to the understanding of any reasonable capacity, is but a rotten, trail, and unsound foundation for them to build on) but the Parliament themselves have judged of their own privileges, and the liberties of the whole Kingdom, and have several times declared what they are, and that when the people are grieved, or oppressed, they should immediately repair to them, by way of Petition and redress, should be forthwith granted; this is one of the greatest privileges of the free people of this Kingdom, have according to Magna Charta, Pet. of Right, and their own many and frequent Declarations, but alas! how hath this been perfidiously perverted? (as if there were not the least knowledge, or fear of God amongst men) and the people (under a fair coloured pretence of peace, and freedom) altogether subjugated to war, vassalage and thraldom, (had not the wisdom and power of God prevented it) this appeared by the late commotions occasioned by some Members of Parliament, and their unjust refusal of several legal Petitions precented unto them, which (notwithstanding the Laws of the Kingdom, and their own Declarations to the contrary) were rejected; yea, and with the greatest infamy, and shame that could be, consumed with fire in several parts of London, by the hands of the common Hangman, so insolently and proudly have some of them behaved themselves towards the free people of England.  
Therefore (I say) if the Parliament shall declare to the whole Kingdom, what their immunites, rights and freedoms are, and also, what of due belongs to thmeselves, whilst sitting in Parliament, and then shall go about (under the painted show of breach of privilege) to anticipate, and subvert the ancient privileges of the people of England; must not the Army, (who were raised by the Kingdom for their defence) as in the strictest bonds, of duty and conscience, they are obliged, once open their lips, to crave and beg, for the people their proper rights, but they must (in an infamous manner) be termed Judges? And now Sir I appeal to yourself, if the Army ever went about to determine any causes in the Kingdom, except what they did by the Parliaments permission, with their Swords, against the public enemy, only they have represented their own, and the people's often rejected grievances to them, by way of humble Petition; and if this be a contracting power or right, from the Parliaments Declarations, of being Judges of their own, and the people's liberties, powers, and rights, let the world judge betwixt them and you.  
For that you say, the Army can only do (what your erring fancy hath suggested to you) by the length of their Swords, which can be no good Standard, for it will be liable to alteration, when a longer Sword comes: I say their Swords are so long, and so good a Standard, that it never yet, (I know not what it may do) met with a longer, to remove, or alter it, from prosecution, (with zeal to God's glory, and the Kingdom benefit) the righteous cause, they have in the sincerity of their hearts undertaken, in behalf of the King, Parliament, and Kingdom. Then you proceed thus.  
And when the people of this Kingdom, have understood, and considered this, it is not likely, they will leave the settled course of Law, and Justice, in the known Courts of the Kingdom, to be judged by any one who can raise the greatest tumult.  
Indeed now you have paid the Army to some purpose, if the people were surprised with such a spirit of delusion, as to believe the deviating dictates of your thoughts; and now I desire you or any of your Competitioners to demonstrate, in any one particular (or confess you injure them) wherein this Army have taken upon them, the place or authority of Judges, or hindered the people, from following the settled course of Law and Justice in the known Courts of the Kingdom, Or that his Excellency Sir Thomas Fairfax, at whom you chief aim, ever intended or offered to judge any thing, but what the Parliament have determined already, unless those things which conduce to the weal of his Army, the very terror of England's enemies, and all other Soldiers in England, and Wales, which in duty, and conscience he is bound to do.  
And whereas you speak of a tumult, by which you mean this Army, or otherwise you overthrew the rest of your discourse, you do the Parliament themselves more wrong and injustice, under the specious pretence of a friend, in one word, than ever the Army did, or durst, though they could do them, in their whole life time, nay, as much as the King's party have ever done, in expression, since the war began; For if the Army be a Tumult, they were raised by the Parliament, whereby it appears, you make them, whom you see strive to defend the Authors of this Tumult.  
Which must needs follow say you, if they, meaning the Kingdom, allow this Army, suppose it 14000. men to be Judges now, than any 150000. in the Kingdom may judge the Army, and a greater number than ad infinitum; by which it doth appear, that the Army making themselves Judges in these cases, doth overthrow and take away the Ordinance of God, and Magistracy; than which amongst men, I cannot imagine what is a greater impiety.  
Truly Sir, I know no greater impiety amongst men, tending to public harm and prejudice, then to misapprehend the serene and candid thoughts of others, if what precedes this consequence of yours had been true, as appears it is not, than this would have held good; for it is a certain maxim, that if 14000. men, in a tumultuous way, be Judges now, than any 150000. men, in the Kingdom, may judge the Army, and a greater number them ad infinitum. But your misapplication of this conclusion, is the spoil of it; had you but turned this from the Innocent, and laid it on the guilty, I mean the impeached Members, then rem acu tetigoras, you had laid the saddle on the right horse, and if that course of theirs, were not directly to overthrow the Ordinance of God, and Magistracy, when they went about to judge, without the least pre●en●● or show in the earth for it, or reason given, not only the Army, but the whole Kingdom, with a company of rude deboist Reformadoes, who better know, how to raise mutinies, swear, damn, and domineer, and make black pots salute each others crowns, then to do their Country any true and faithful service in the field, then will I forfeit my judgement utterly; for they were such good friends to Magistracy, that by their unparallelled barbarous behaviour, they forced the Speakers of both Houses, and the rest of the honest Members to fly for liberty, if not for life and make this Army their chief refuge, and all because they judged it meet: They armed, and disarmed whom they pleased in London, killed one or two, whose lives were worth many thousands of theirs, manned their works, planted their Ordinance against the Parliament themselves, then constrained to reside with the Army, and this also was because they judged it fit. Had this Army done these, or the like incomparable actions against the Parliament and Kingdom, then might you have safely said, that they overthrew both the Ordinance of God and Magistracy, than which amongst men, I know not a greater impiety. And therefore now see, if this Army, whom you would make the Kingdom believe, would be their Judges, to make them more odious in the eyes of the soon deceived vulgar, had not instead of being Judges, stuck firm and entire to the Parliament, and again interposed their lives and fortunes betwixt them and the face of danger, and that in the very pinch and nick of hazard, and put those grand Judges of England, into their own proper places again, with honour and safety, what Judges should we have had, but a company of impeached Traitors, with their rivals, who better deserve a three legged stool to hang on, than seats in the Parliament house to sit on. and any longer to disturb the Kingdom, by their hellish plots, and practices; and if this be such an impiety as you would have us imagine it to be, then let any impartial man in England judge.  
But not to stay any longer here, let us proceed to the next part of your examination; which you say down thus.  
Besides their refusing to obey the Parliament, under whose Command they are, or aught to be, is against many particular precepts, 
Rom. 13.1. 1 Pet. 2.13. 2 Pet. 2.10, Jud●●. 8.11.  and directions in the word of God, as you may find them laid down in the Margin.  
1. To this I answer first, that they never refused obedience to the Parliament in any thing, except when they commanded them to destroy themselves, through the prevalency of a wicked and sinister party in the House, and then they did no more than what the Parliaments own Principles led them unto, as is already plainly manifested.  
2. For the Scriptures you allege, I shall insist on the first only, as the full scope, and substance of all the other; the words are these. 
Rom. 13.1.  Let every soul be subject to the higher Powers for there is no power, but of God; the powers that be are ordained of God. This Text of Scripture to them who rightly understand it, makes nothing at all for you, as shall appear hereafter, this power the Apostle speaks of in this place, (with which the Law of this Kingdom and the Parliaments own forecited Declarations, do admirably, and truly concur) is not meant the Persons, or personal commands of any, but the just established laws of a Kingdom to which obedience, active, or passive must be given; for this power, as ●o me the Apostle seems to dispute it himself the better to s●t it ou● of controversy, is that which is placed originally, 
Dec. ●un. 14.1647. Rom. 13.  and fundamentally, according to that wise observation of the Armies, in the Office, and but Ministerially in the persons; observe both the first, and second verses, and you shall find the Apostle saith nothing of persons as if he did not mean them at all in that place, only enioynes all to yield obedience, 
ver. 3.  and subjection to the higher powers which is the Law of a Kingdom; and in the next verse he speaks of the Administration of that higher power in these words, for Rulers are not a terror to good works, but to the evil; 
ver. 4.  and in the following verse he saith, for he is the Minister of God to thee for good, but if thou do that which is evil, be afraid, etc.  
3. But thirdly, the Apostles expression hath an universal extent, and there is never a rational living soul under the Sun, exempted therefrom, from the Prince, to the poorest man that sits on the threshold, but every soul must, if they disobey not this injunction, be subject to the higher powers: which powers, as is manifest, are not the pleasures, or wills of great men (because they themselves are not acquitted from subjection to the higher powers) but of the established well grounded Law of a Kingdom, by general consent, and for this cause is that infallible Gramaticall Rule, nemo sibi imperare poorest, which is the reason Schoolmen cannot frame a prima persona imperativi modi, for indeed, who is it that can command himself? and if no man, how can a Prince be subject to the higher powers, he being the highest power himself, when he cannot command himself? unless you will allow with me, that the Law is the highest power, and he is under the Command thereof as well as the meanest: so that it appears, if the Prince be not subject to the Law of the Kingdom, as well as others, the Apostles words (which are expressly that every Soul, that is, man, woman, and Child, to their abilities, must be subject to the higher powers, that is the Law whereunto all men are confined, are spoke in vain, which were impiety once to imagine.  
4. Then fourthly) if your assersion be true, which is in effect thus, that all the Commands, (whether just, or unjust, or else you had as good said nothing) if the Parliament must be obeyed, and so make them an unbounded Parliament, and without all Law, which is more t●●n ever they desired themselves, then will you make a clear antipathy, and disproportion, betwixt this of Paul's, and those of Hosea, and Micah, with divers other Texts, which Scriptures decipher very truly the Apostles meaning, and freeth him from your gross imputation. The Prophet Hosea saith, Ephraim is oppressed, and broken in Judgement, 
Hosea 5.11. 1 Kings 16.26.  and the reason is, because he willingly walked after the Commandment: Now what those Commands were, examine but the 1. Kings, where it is said, that Omri (King of Israel) wrought evil in the eyes of the Lord, and did worse than all that were before him; for he walked in all the way of jeroboam, the Son of Nobat, and in his sin, wherewith he made Israel to sin, to provoke the Lord God of Israel to anger with his vanities: From both which places you may observe, that it was not only accounted to Israel for a sin, to obey the unjust Council and Commands of King Omri, though their lawful King, but that they should also be attended with the desert of sin, to wit, to be oppressed, and broken in judgement, etc. And that which confirmed both these places, 
Micah 6. from 13. to 16.  is that of Micah, where he threatens the Children of Israel, that they shall eat and not be satisfied, sow but not reap, etc. and in the last verse he gives the reason thereof, in these words; for the Statutes of Omri are kept, and all the works of the house of Ahab, and ye walk in their Counsels, that I should make thee a desolation and the Inhabitants thereof an hissing, therefore ye shall bear the reproach of my people.  
Now how shall these Prophets and the Apostle be reconciled, unless Paul's meaning in that place is, that obedience must be given to the just Law of a Kingdom, and only to that; and that Magistrates must not be obeyed, in their unjust and illegal Commands, though lawful Magistrates, for Paul saith, they must be subject to the higher powers; the Prophet thunders out threaten against them for being subject to unjust powers, though (as I said before) a lawful Magistrate. So that it is clear, that the Apostles meaning is not, that subjection must be given to men's persons or personal Commands, 
Pro. 28.4. Zeph. 3.1, 2, 3, 4.  but to those higher Powers, (to wit) the Law of the Kingdom wherewith men are entrusted, some with one part, some with another, and ought not to exceed the limits thereof.  
King james, upon this very ground, when he was arrested for debt, told the Officer, that he who made Laws, must himself obey Laws, and thereupon paid the debt, and never blamed him that arrested him, for so doing. From all that is spoken in this particular, the ensuing Syllogisms, are inevitably extracted.  

1.  
Paul saith that every Soul must be subject to the higher Powers.  
But King, Parliament, and all other Magistrates are within the limits of that number.  
Ergo, King and Parliament must be subject to the higher Powers.   

All powers that are not given, are not of God.  
But Powers usurped are not given.  
Ergo, Powers usurped are not of God.   

3  
Every soul ought to be subject to the Higher Powers given, and to none else.  
But these Higher Powers that are usurped, are not given.  
Ergo, No soul ought to be subject to Higher Powers not given.   

4  
Those Powers that be not given from God, are no powers.  
But usurped Powers are not given from God.  
Ergo, Usurped Powers are no Powers.   

5  
Those Powers that are no Powers, ought not to be obeyed.  
But usurped Powers are no Powers.  
Ergo, Usurped Powers ought not to be obeyed.   
The probation of these Arguments, is evident from the very Words of the Apostle and Prophets, in the places before quated: therefore I will not spend time (my ordinary employments not suffering me) any longer therein; only give me leave to digress a little, and observe (as I desire also the Courteous Reader would) some passages of Scripture, which (in my ordinary reading) I have met withal, very considerable for all men's observation, especially those in Authority; wherein all my behold, what the dismal ends of those Magistrates are, who take delight in oppression and unrighteousness; I shall name divers places, and refer them to the deliberate debate of the Reader, they are quoted in the Margin; I shall only insist a little on the last, 
job. 27.13, 14, 15, Prov. 14 31 & 22.16.22, 23. Mat 3 5. Amo. 4.1, 2, 3.  Am. 4.1. his words are these, Hear this word ye Kins of Bashan, that are in the Mountain of Samaria, which oppress the poor, which crush the needy, which say to their Masters, Bring, and let us drink: This Prophet, though somewhat mysterious, and metaphorical here, yet, compared with other places, will be made more clear, and intelligible: By these Kine, Hosea means, the  Omri, which the other wicked Kings of Israel, and their pernicious Counsels: for it was that Omri that bought this Hill Samaria, of one Shemer, for ten talents of silver, and built there on the City Samaria, where he lived, died, and was buried. Those were they who oppressed the poor, and crushed the needy, which said to their 
* In some translations to their Lords. 1 King. 16.24.28. Mark that expression.  Masters (to wit) (the oppressed poor, and crushed needy) Bring, and let us drink. But what was the issue of all this? The Lord God hath sworn by his Holiness (a greater oath could he not sweat) that lo the days shall come upon you that he will take you away with booked, 
v. 2.  and your 
* A sore judgement. v. 3. Strange posting from the judgement of God, as in Rev. 6.15, 16.  Posterity with fish-bookt. And ye shall go out at the breeches, every Cow at that which is before her, and ye shall cast them into the Palace (some translations have it, cast away the things of the Palace) saith the Lord. ●Thus much by way of digression, let us now proceed to what followeth, which you lay down thus;  
For the great complaints made to them, although it were false that is reported [as I have cause to believe] That men are sent from the Army to get hands to Petitions to themselves, thereby to draw the eyes of the people after them; yet I do conceive such Petitions ought not to be received by any, who either by Protestation, or Covenant, have sworn to mean the just power and privileges of the Parliament, to whom of right it doth belong to hear, and determine, all the grievances of the people, not remediable in other Ordinary Courts of Justice.  
I perceive now, that although you want true matter to tax● the Army with, yet you want not ill-will enough, to insist upon reports, that are merely groundless, (which I fear did first, arise from your own brain; nor is there any but will marvel at you, for undertaking to examine the lawfulness of the Armies proceed, and then to bottom your Examination upon bare and unjust reports.  
This is capable of no other Answer (it being so untrue) but to assure you, and the Kingdom, that you have wronged the Army herein, and I fear that this is but a mere compliment, framed to hold up your groundless discourse; and am apt to think, that if you had any such thing against the Army, they should have heard of it with open mouth ere this day; but (blessed be God) that the mouths of gainsayers are stopped.  
You proceed and say, There (meaning the House) the people may be heard, without the forcible recommendation of an Army; I wish you would tell the Kingdom, when the Army did by force, recommend any Petition, or thrust on those things that upon serious debate, have been rejected, as prejudicial to the Public, as you affirm: or else you will bring such a calumny upon yourself for these reports (and in print too) without the least probation of them, in any circumstance of time, or otherwise, that (were your Name to your Book) you could never wipe off again.  
Now to the last clause in this part of your Examination, I only say this, That the Army never gave encouragements to such Petitions, nor Went about to set themselves as a new Tribunal, which is, and aught to be believed, till the contrary be proved by you who accuse them, which will never be, whilst the Sun and Moon endure. Now we will go forward to the next place.  
For the examples of Scotland, Netherlands, Portugal, and some proceed in this Parliament, which you urge for your Warrant, I must answer in general, that precedents are poor proofs, to justify actions; and if admitted, there is nothing so bad, that might not obtain such a justification; It is a warrant from some law, that must make every action lawful. And although my business be not to search into the grounds, or proceed, upon which other Nations have taken up arms; yet, being called unto it, I must clear the misapplication to Scotland, etc.  
To this I answer, that your examination is full of misapprehensions, and you make your mistakes, the Army's meaning; who intended not that examples should be proofs, but precedents, neither do they diminish aught from the lawfulness of their Cause (for Exempla illustrant, non restringunt Legeem) and that they ground not the lawfulness of their actions on them, but upon their Commission, and the Parliaments own Exposition of the Law, in their Declarations frequently communicated to them, which Commission, and Declarations, are their sufficient Warrants, as formerly manifested.  
And now you have done all you can to divide the Parliament and Army, you would divide the Army from the Scots, by falsely charging the Army with a misapplication to Scotland; you say, (but I know not who will believe you) that you are called (by whom I cannot imagine) to clear the misapplication to Scotland. To this I answer distinctly.  
1 That you have taken in hand is of public concernment, and therefore it requires a public call, and who should give this public call besides the Parliament of England or Scotland, I am ignorant of. But if they did give you a call, [me thinks] they should patronise it, and not suffer it to go abroad into the wide world to deceive, without either authority or name. But [let the Kingdom consider, and they will scarce credit your lose reports] how great a prejudice it would be to the honour, both of the Parliament of England, and that of Scotland, that a private man should be entrusted, with so public a business, when they have both so many wise and judicious men in both Assemblies, who know what their own intents and proceed at the beginning were, and can better free themselves from misapplications [if any were] then any one in England, that is, in a manner, a stranger to them.  
2. Again, I will here lay down verbatim all that the Army have spoken of the Scots, in their Declaration, which will more manifestly discover your envy, and vindicate the Army from your aspersion, these are their words, That the Soldiery may lawfully hold the hands of that General who will turn his Canon against his Army, on purpose to destroy them; The Seamen the hands of that Pilot, who wilfully runs his ship upon a Rock (as our Brethren of Scotland argued) this is one thing the Army have spoken of them, and if there be not more for the justification of the Scots here, than misapplication of their proceed at first, the weakest wit can soon determine.  
Another passage wherein the name of Scotland is used, is this, and these two are all they say of them. And truly such Kingdoms, as have according both to the Law of Nature, and Nations, appeared to the vindication, and defence of their just rights, and liberties, have proceeded much higher, as our Brethren of Scotland, who in the first beginning of these late differences, associated in Covenant, from the very same grounds and principles, (having no visible form, either of Parliament or King to countenance them) and as they were therein justified and protected by their own, and this Kingdom also, to we justly expect to be.  
Of the proceed of Scotland in the particular, the Army neither have, nor can make any application at all; because the Scots had no visible form, either of King or Parliament, to countenance them at the beginning; but this Army had the favour of the Parliament of England only their sights were vailed by the subtle interposition of misapprehensions; by the impeached Members of their confederates, until they were removed: so that the Army can make no application at all, (and therefore no misapplication in this particular) for the cause aforesaid.  
3. But grant the Scots had the Countenance of the Estates of Scotland: so had this Army the favour of the Parliament of England, (as shall be afterwards declared) only their proceed were obstructed (as aforesaid) by those grand stumbling blocks, the accused Members, therefore if the Army had opposed their case to Scotland, than (I pray) what misapplication were there here.  
4. Then again, if both these were granted for truth, first, that the multitude in Scotland, had the countenance of the Magistrates thereof. Secondly, that the Army in England, had not the favour of the Magistrates of that Kingdom; yet this shift also, would fail you; for the Parliaments of England and Scotland, have declared, that obedience binds not men to cut their own threats, and also, that opposition to the personal Commands of Magistrates, though accompanied with their presence, if it be not against their Laws, and authority, but in maintenance thereof, is not opposition against them, but defence of them, and upon this very ground, and for this cause, the Scots (though as strictly bound to the contrary, as this Doctrine is to oppose the Parliament) took up Arms against their King at the beginning; whereby, and by what is before spoken (relation being thereunto had) it appears there is no such misapplication to the Scots, (as your discourse imports) in the main, which is the defence of the Kingdom, and the just rights, powers, and privileges of the people; but only in circumstance, which is the want of favour to the Magistrates of the Kingdom, which is not so considerable, when it is put in the balance, with the 
* 1 King. 12.16 Leu. 24.20. Exod. 21.24, 25. Deut. 19.21 Mat. 5.38.  weal, & preservation of the Republic. Nature will endeavour to preserve itself, and therefore gives all Creatures means, and ways, and puts them in a capacity to use them, for their own defence against violence, vassalage, 
* 1 King. 12.16 Leu. 24.20. Exod. 21.24, 25. Deut. 19.21 Mat. 5.38.  breach for breach, eye for eye, tooth for tooth, etc.  
5. This examination is confuted as unlawful by the principles of reason, which saith that nihil quod est contra rationem est disputandum; & if this be not clearly contra rationem, I know not what is; for you go about to undo that, which never was done, or empty a vessel that never was full, to vindicate the Scots, and Parliament of England, from a misapplication, when there was none at all made.  
6. But this I believe is your great aim, (if any were so rash as credit you) to divide the people of this Kingdom from the Army, by suggesting to them that the Army have not that favour, and countenance of the Magistracy, of this Kingdom, as the Scots had of that, and that the Army would tax the Scots with want of countenance from the Magistrates of that Kingdom, the better to justify their own present actions; whereby you would render the Army odious, and force the people to believe them to be lawless, and proceed in unwarrantable courses, against, and without the knowledge, or consent of the Parliament of England that so upon these grounds you may with more facility persuade the Country and Kingdom, to band themselves, and destroy them. But that the people may be undeceived, you reproved, and the Army justified, it is apparent, that one of these two things you aim at.  
1. Either to make the 11 impeached Members the supreme Council of England.  
2. Or, that this Parliament which now sit are no Parliament, and so have nothing to do with the Government of the Land. If you can prove the first of these that Massy, with his accomplices, were the supreme Council of the Land, than indeed, you cast, and overthrow the Army, for they never had the least favour, or countenance from them, not was it ever desired in all, or any part of their Actions.  
But if you will acknowledge the Gentlemen who now sit in the House, to be the supreme Court, than I tell you, (and the whole Kingdom) that the Army have their favour, and furtherance, (both acting according to the tenor of the Law) in their actions hitherto; or else why did they declare them their Army, confer such dignities, and Honours on Sir Thomas Fairfax of late, and when they met with uncivil opposition in their Parliamentary proceed, make them their ulrimum refugium: And when the people come to hear this, that the Army have acted according to the rules of Law, for their freedoms, and also that they have the Parliaments countenance therein, they will give you but small thanks for blinding their eyes, and will be apt to retain, as they ought a better, and higher conceit, and esteem of the Army.  
Having showed the grounds whereon the Parliament proceeded, to the raising of an Army, you say, that upon this occasion, and just quarrel, they raised several Armies, wherein were men of very great Honour, power, and interest in the Kingdom, It appears to be so by this Army, but (blessed be God) never any of their Armies (except what hath been done by this Army) did refuse (that ever I heard of) to obey, when the Parliament (for the good and ease of the Kingdom, nay, although it were to lay them aside, and raise others in their room) commanded them to disband.  
1. Here I answer first, that never any thing was proposed to other Armies, as to the point of disbanding, before this Army was raised, and had by their fidelity and courage with the blessing of God upon their endeavours, made them useless; and therefore how could you hear that refused that was never proffered.  
2. Had there any thing of that nature been put to others before this Army was raised, I question whether they, as well as this Army would not have refused it.  
3. It could not be accounted wisdom in the Parliament to make any such proposal, to any of their Armies, before this was set forth, or at this time; their enemies being so strong, and they so weak, as that sometimes they could not keep the field, and when they were at the strongest, they could spare none to disband.  
4. But fourthly, if the point of disbanding had been proposed, and they willingly submit thereto, they had not so much cause to the contrary, as this Army hath: and therefore may better submit to the Parliaments personal Commands, than this Army car; so that this appears as groundless, as all the rest. Then you say for those instances of the Soldiers holding the hands of their General when he would turn his Cannon against his Army, and the Seamen, the hands of their Pilot, who willingly runs his Ship upon a Rock; I must say, that in those and such like cases of surprisal, or extremity, where there is none to judge, nor no time or place for judgement, the danger being eminent, and the evil intention evident, the Law of nature doth teach, and justify opposition, to the unjust, and tyrannous power of superiors, in this is granted, all that can be expected, and therefore I will not spend time about it, and it was upon this very ground the Army proceeded, and prosecuted their late actions, the just rules of nature binding them thereunto. But something here wants clearing, left by overslipping thereof, you take advantage of further objection; you say, that in these and such like cases of surprisal or extremity, where there is none to judge, nor no time or place for judgement, the danger being eminent, and the evil intention evident, the law of nature doth teach, and justify opposition, etc. That the Army was surprised, and forced to an extremity, is apparent by many particulars, I shall only instance that, which the Army hath largely mentioned in their charge against the impeached Members, if the reader please to look into the Charge, it may give further satisfaction; I shall repeat some part of the 8. Article, where the Army charge Col. Harley, with a false letter which he brought into the House, against his 
* Lieut. Colonel Pride.  Lieutenant Col. without any name to it, and in the last part of that S. Article, it is said; and although the substance of the said letter was most untrue, and no Author thereof appeared, or could be produced, although a Committee was appointed for examination thereof, and it was much pressed the Author should be discovered; yet the said Col. Harley, Sir john Clotworthy, and Sir William Waller, did so avow the reality of the said letter, and that the contents thereof would be made good, as that thereby, and by other false suggestions of theirs against the Army, they procured the House upon long debate which held till about 8. of the clock at night, to order that a Committee of 5. Members (whereof the said Mr. Hollis is one) should prepare a Declaration to be brought into the House the next morning, signifying the Houses dislike of the proceed of the Army upon that Petition; as by the said Order may appear, upon which settling of the said business for that night, most of the Members departed, as conceiveing nothing would be done thereupon, till the next day, and that then they might have a free debate concerning the same; but the House still continuing to sit (upon dispatch of some letters formerly ordered) the said Mr. Hollis by the same combination, and in further prosecution of the said evil designs, having of himself, without the Committee, prepared a Declaration against the Petition itself, contrary to the intention and direction of the said order, and contrary to the rules of Justice, and usual course of Parliament, did the same night, about 10. of the clock, on purpose to surprise the House, present the same Declaration to the House, whereby the said Petitioners were without being heard, declared enemies to the State, and obstructers of the relief of Ireland; if they persisted therein, as by the same Declaration, relation being thereunto had appears, and did procure it to be then passed accordingly, to the great dishonour of the Parliament, and their proceed, to the insufferable injury, the just provocation, discouragement, and discontent of the Army, to the trouble and danger of the whole Kingdom, to the hindering of the relief of Ireland, and other the evil consequences, in the said general Charge expressed; now if this be not a surprising the Army, and forcing them to the extremest exigencies, (when they are in this illegal inhuman manner declared enemies to the State, and obstructers of the relief of Inelana, for no cause, but petitioning for these things, that relate to them as Soldiers) then let the Kingdom judge, but to proceed,  
You say where there is no Judge, nor no time or place for judgement, etc. to this I answer, there were Judges, & time & place for Judgement, but those Judges were overpowred, by the dangerous distilling influences, of the maliguant impeached Members, as appears by the former passages, and the Parliaments Order, which Members since they were removed, how peaceably have the Parliament (England's Judges) and their Army concurred, notwithstanding, there are yet some (though not so powerful as the former) left amongst them, (I hope they will not be suffered to continue long) who would hinder the concord betwixt both parties, and retard the Parliament from executing justice, and judgement, and answering the Army in their fair and profitable demands, for the Kingdom and themselves.  
But now to the next clause which is this; The danger being eminent, and their ill intention evident the Law of Nature doth teach, and justify opposition, to the unjust and tyrannous power of Superiors; It is apparent, that the former proceed of the Parliament (by the persuasion of the accused Members) were eminently and evidently dangerous, and evil, to the Army (to the hazard of their estates who had any, loss of their due arrears, and forfeiture of their liberties, if not their very lives) therefore I will not stand to aggravate the business now, it not agreeing with my nature and work to use tautologies, or enlarge myself by the needless multiplication of words, which is condemned for vanity;  
The next thing you lay down thus; But it is no ground for a rule where a judgement may be had, or expected, as now in the case betwixt the Parliament and Army.  
This will stand you in as little stead as the rest; For since those pernicious spirits [who compass Sea and Land to make a proselyte] have been separated from the Parliament, there hath been no need of a judgement; for both Parliament and Army, do admirably agree, without any apparent dangerous clashing, or opposition at all. 
Prov. 29.2.  When the righteous are in Authority the people rejoice: but when the wicked bear the rule, the people mourn.  
In the next place you say; These instances might have been more colourably to the point, if the Parliament had drawn out Forces against the Army, to have cut them off: then notwithstanding the obedience they own to the Parliament, they might possible have defended themselves against such Force. There be many things in this assertion, that would have particular and distinct answers, but I shall reply to your assumption in general thus; That a piece of Ordinance is made for defence, as well as a Target, and it is as lawful for the people of England, to invade the Countries of those, who would surprise theirs, as to fight with them when they are landed; and it is as good policy to prepare for an enemy, though but darkly discovered, as to fight with them, upon never so great advantage, when they are nigher hand: And though the Parliament did not draw out Forces against the Army, yet some false Members of Parliament [not to wrong the innocent] endeavoured, not only to raise Forces [contrary to the Law of this Kingdom] but also to draw those that were designed for the relief of helpless; Ireland [an employment more warrantable than the other] to a Randevoux at Reading; which place [most men know] is not the way from Bristol, Chester, and other parts nigh the Sea Coasts into Ireland, And what other design they could have in it, but to engage them in a new war against the Parliament and Army, is utterly beyond my capacity, to apprehend, or conceive.  
For what followeth in this part of your Examination, I shall forbear to trouble the Reader, or myself with it, as being invalid, and impertinent to the work in hand.  
In the next place you say, For the last thing alleged; That the Armies proceed may be justified, when against injustice, unrighteousness, and miscarriage in Government: If that were granted, and the Parliament were guilty in all [which I am most confident can never be made good by clear instances, that they are guilty of any course of injustice, or unrighteousness, though all the World, and the accuser of the Brethren to help should set about it] yet that would not come up to justification of the Army, because God hath not made them Judges for the people of the Kingdom, either of justice, or injustice, right or wrong; Some part of this which is bounded with a parenthesis, is spoken in a furious passion, as if it were impossible for the Parliament to err: I am therefore regardless of giving any answer unto it, the 
* Prov. 26.4.  wiseman exhorting me thereunto.  
But then for the next thing, it is not my purpose, neither was it in the whole, or any part of this discourse, to tax the whole Assembly of Parliament, for that I well enough know, there are many Members in that Body very sound, and faithful, who have to their powers withstood all proceed of injustice, unrighteousness, and miscarriage in Government: yet let me tell you, it is apparent enough to the whole Kingdom, that there have been such proceed to the almost overthrow of State & Kingdom: and where injustice, unrighteousness, & miscarriage in Government should be acted but in that Court, I know not; For all other Courts in the Kingdom are strictly limited, and bounded, and over seen by the Parliament, and People, therefore cannot exceed those Rules, that particularly relate to them, which are set down by the consent of Parliament every other Court, acting, proceeding in, and prosecuting several things, and at several times and places.  
But the High Court of Parliament, are Supreme, and have the hearing, deciding, and doing of all things in the Kingdom whether determinable, or not determinable in other inferior Courts.  
Then you say, That though this were granted (which undoubtedly must according to what I said before) yet that would not come up to Justification of the Army, because God hath not made them Judges for the people of the Kingdom, neither of justice, nor injustice, right or wrong. I have before made it appear, that the Army by their Commission (which clearly justifies them for so doing) are bound to oppose injustice, and wrong in the Parliament, as well as in the King, or any other where they find it, the Parliaments own Declarations, and the Laws of Nature leading them thereunto. And as to the point of Gods making them Judges, we are to consider  
1 That Judges are made by God, either immediately, and without the use of any means, or instruments; and then he calls them by speaking (if I may use the Scripture phrase) to themselves particularly, and accommodating them with his spirit, for such employments, as he did joshuah, Othiniel, Ehud, and others; or by giving his Ministers, and other particular men notice thereof, is he did to Samuel of Saul, and appointing him to anoint Saul, and for that purpose giving Saul a spirit of prophecy: but these are not Gods usual ways now; nor can we instance in one that hath been so appointed, or ordained.  
2 Or, secondly, God useth means, and instruments, in the creation and constitution of Judges, and other Officers of a Republic; which means, are  
1 Ordinary, and that must be either  
1 A Succession by Birth and Generation, and so the Lord Mayor of London's Son must be Lord Mayor, when his Father is dead.  
2 Or, it must by the general consent, advise, and knowledge of the people, and thus the major part of the Parliament are lawfully chosen.  
2 Or secondly, God useth extraor linary means, and instruments (as when War is in a Kingdom, the certain token of succeeding sorrow) Armies are raised to decide the controversy with their Swords, betwixt both; each party being assured of his own just cause; and both waiting with a doubting confidence, on which side the hover Victory will resolve to pitch her Trophies.  
And thus this Army was raised, (not so much to judge but under the considerations formerly mentioned, though you vainly imagine by that means to brand them) as to execute the just Judgements, and Commands of the Parliament (England's chief Praetors.) And this the Army in cases of necessity may do, being called thereunto by the very same power the Parliament were, as is formerly instanced, injustice, unrighteousness, miscarriages in Government leading them, and the providence of God guiding them (by putting seasons, and opportunities into their hands) thereunto.  
Also, the manner of their being Judges [if they must needs be so] considered, doth somewhat constrain them to their present actions; which is no otherwise then thus; they believe and say, that those things which are just, and equitable, and tending to the Kingdom's weal; and so judged, and deemed (upon serious, deliberate debate) by the Parliament, are really, and truly so.  
And thereupon they resolved to execute those things so ordered, acted, and judged by the Parliament, or to be executed themselves, which resolution (I hope, for the Kingdoms, and their own safety) they will still continue, which (without any imposibilities) they may do, whilst proceeding upon those sound principles. And herein they do no more than the rules of nature and reason, (to which I am sure, the Laws of England are, or aught to be reduced & do allow, for, Lex spectat naturae ordinem, & non cogit ad imposibilia, sed intendit semper, quod convenit rationi; the Law hath regard to the order of nature, and doth not command impossibilities, but intends, and purposes, what doth agree with reason; I shall say no more here but this, that if the Parliament judge, and declare, what the liberties, proprieties, and privileges of the subject is, (the contrary whereof is oppression, injustice, and miscarriage in goverement) than the Army may justifiably stand to it with their lives, against any, without respect to persons.  
You say in the next place, when the people conceive any thing to be amiss, it is their duty to represent it to those whom God hath appointed, to the Office, and place of Judgement.  
To this I sadly, and concisely answer, that there were many cries, but few ears to hear, or hearts to pity them, and when the people did petition, they and their Petitions (as before is instanced) were rejected, some burned. I wish it had been otherwise, that so righteousness and just Judgement, might run down our streets like a mighty stream, that every man might sit under his own Vine, and under his own figtree; so had peace been within our Borders ere this day.  
In the last place you say; but if the meaning of this last part of it be, that God hath made the former successes, and present power of the Army, a testimony to its opposing the pretended injustice, unrighteousness, and miscarriage in government, than the Turk may have the same argument, to justify his Title, to all he hath gotten in Christendom. But the wise man teacheth otherwise, that no man knoweth love or hatred by all that is afore him, Eccles. 1.  
In this, several things are considerable; but (for want of time) I shall answer in general, and briefly; No, that this, as you have laid it down, is not the meaning of that part of the Declaration, and though all in this were granted, that you would have; yet the evil consequence you have drawn thence, would prove unsound, and feeble (the cause considered) for the Turks opposing the Christians is for the enlargement of his Territories, and advancement of his Monarchy, and greatness; but the disproportion betwixt the Army and Parliament, was for the restoring, establishing, and confirming the immunities, & freedoms of the freeborn people of England, (the Parliament declaring at first what they were, which was all they could do then of themselves) and the Army (neither regarding the painted favour, of pretended friends, nor civil force of their public enemies) stoutly contending with their lives in their hands, for them; yet now invaded by some putrified rotten Members, contrary to the intent, and meaning of the House in their first Declarations) are again defended by the Army; and therefore this is no Argument at all for the justification of the Turks Title to all he hath gotten in Christendom.  
But then again, as it appears, that neither of the two former parts, of your examination, nor both of them together can make up the Army's meaning, in that part of their Declaration; so, I shall give you my understanding of it; they say, that supreme end (the glory of God) which all men should especially aim at; is not wanting in these cases, but they study, how, by all means to advance it, the better to set a price upon all such proceed of righteousness, and justice; It (to wit) the glory of God; being one witness of God in the world; that is, one main argument to discover the candid, and sincere purposes of them, who make that their mark, to carry on a Testimony against the injustice, and unrighteousness of men, whatever they be; and against the miscarriage of Governments, wheresoever it is found; when corrupted, or declining from their primitive, and original glory; that is, when they are transported from their primary brightness, and lustre, into the muddy streams of disorder, oppression, and miscarriage: The scope of all is this. That the glory of God it (being their ultimate end) is a testimony of their proceed, against all injustice, it being the clearest demonstration, of the real and upright parposes, and resolutions of any.  
And to conclude, the Army might say, as 
* juliamus' Emperor of Rome, slain in the Pers. Wars.  one did on his Deathbed; Right joyful, and wittingly much more, have I stood firmly grounded, and resolute, whensoever the Commonwealth, as an imperious mother hath exposed me, to apparent and evident danger, as one used to contemn the whirling storms of all casualties.  
I have now ended this part of your examination, and do earnestly desire, it may give you and other doubting friends that satisfaction desired, it being published for that purpose.  
Finis.   

Certain Queries wherein Resolution is desired, proposed without any particular by-interests, or private respects at all, but for satisfaction.  
I. WHether the Army under the present conduct of Sir Thomas Fairfax, are not as well bound to resist (yea to the death) Tyranny and Oppression in the Parliament, as in the King; and whether every point and part of their Commission, extend not as well to the one, as the other.  
II. How the Army can disband, till they see those things effected, for which the people entrusted them in Military Employments?  
III. Whether the end of their Banding was to free and acquit the people of this Kingdom from feared slavery or not? if it were, how will Conscience, and the Kingdom be satisfied, if they disband before they have done their work? if not, then why were they raised?  
iv Whether the effect, or end of any thing is not more honourable, and consequently to be preferred before, the efficient cause whereby it was procured?  
V Whether the blood of all the slain during the late War, may not be required justly at the hands of this Army, (since it was spilt in vain) if they endeavour not to bring to pass the just ends for which it was shed?  
VI Whether a lawful Cause, a lawful Commission, and the people's willingness, in cases of necessity, be not sufficient to raise a lawful Army?  
VII. Whether the Parliaments lawful Ordinances are not sufficient warrants for the Army, in the prosecution of the Kingdom's Cause, in the case aforesaid.  
VIII. Whether the Army are bound to observe the will and Command of the Parliament, when they are acted by a principle of egoity, and selfishness and for private Causes, and interests, or the will and Commands of the Law?  
IX. Whether the Parliament are better able to judge of the people's grievances, and oppressions than they be of their own?  
X. Whether the Parliament are not bound to hear and give satisfactory answers to their Petitions? and whether it be a breach of privilege (as they have sometimes declared) so to do, or not?  
XI. Whether the privileges of Parliament, be inconsistent with the weal of the people?  
XII. Whether upon non-satisfaction to the just Demands of the people, no reason given but breach of privilege, the Army are not engaged, both by Covenant and Command, to use all lawful means for the procurement of the people's reasonable Desires, they having employed, and maintained them for that purpose?  
XIII. Whether the Parliaments expression in the Declaration formerly mentioned (to wit) that obedience binds not men to cut their own throats, and those so frequently used in Scripture, save thyself, thy wife, thy children, an eye for an eye, a tooth for a tooth: be not just grounds for the present actions of the Army, and why?  
XIV. Whether an Act of Indemnity (though with the Royal assent for things done in tempore & loco belli, be sufficient to acquit the Army from those things they have done, neque in tempore, nec loco belli, especially the Parliament having (upon no grounds in the earth) declared them Traitors & enemies, in tempore pacis?  
XV. Whether the King and Parliament are not both subordinate to the Law? And whether is Supreme, the King or Parliament, the Head or his Members? if the King, then why might not the injustice of the Parliament be as warrantably opposed, as the Kings?  
FINIS.