UPon the publishing of the Ordinance of the 22. of this Instant May for the Indempnity of the Army, certaine Gentlemen well affected to the Peace of the Kingdome, and safety of the Army, desired me to set downe in writing, whether by the Law of the Land, the said Ordinance did secure them from danger, as to the matters therein mentioned? For whose satisfaction in a bu­sinesse wherein the lives and fortunes of so many men were con­cerned, and also the Peace of the Kingdome involved; I conceived I was bound in duty and Conscience faithfully and truly to set downe what the Law of the Land therein is; which accordingly I have withall sincerity expressed in this following discourse.

The danger of the Army by the Law of the Land is apparent [...]o all men. 25. Ed. 3. Cap. 2. 11. Ri. 2. Cap. 3. 1. Hen. 4. Cap. 10. 1. & 2. Phi. & Mary Cap. 10. 3. Pars insti­tutes pag. 22. & 2 pars instituts pag. 47.48. & 4. pars instituts pag. 23.48.29 [...]. It is high treason by the Law of the Land to levy warre against the King, to compasse or immagine his death, or of his Queene, or of his eldest Sonne, to counterfeit his money, or his great Seale. They are the words of the Law, other treasons then are specified in that Act are declared to be no treasons untill the King and his Parliament shall declare otherwise, they are the words of the Law.

King and Commons, King and Lords, Commons and Lords cannot declare any other thing to be treason, then there is decla­red: as appeares by the Lord Cooke in the places cited in the Margin: a law-booke published by the order of the House of Commons this Parliament, as appeares in the last leafe of the second part of the institutes published likewise by their order.

The resolutions of all the Judges of England; upon the said Statute of the 25. Ed. 3. (as appeares in the said 3. part institutes [Page 2] Chap. 3. pars insti­tutes Cap. treason: pag. 9. & 10.12. Mr. St. Iohn the Soliciter in his speech upon the ar­raignment of the Earle of Strafford, printed by order of the House of Commons pag. 7.13. 4. pars insti­tutes, Cap. Parliament pag. 25. 11. Hen. 7. Cap. 1. Stamford. lib. 2. fol 99. 18. Ed. 3. Statute at large 144. 20. Ed. 3. Capa. 11. Ri. 2. Cap. 10. 4. pars insti­tutes pag. 23.48.29. 3. pars insti­tutes pag. 22. 2. pars insti­tutes 47.48. 1. pars insti­tutes 195. High Treason) have been that to imprison the King untill he agree to certaine demandes is high treason to seise his Ports, Forts, Magazine for warre, are high treason: to alter the Lawes is high treason.

The word King in the Statute of 25. Ed. 3. Cap. [...]. must be understood of the Kings naturall person: for that person can onely dye, have a wife, have a Sonne, and be imprisoned.

The priviledge of Parliament protects no man from treason or fellony: howbeit he be a member, much lesse can they protect o­thers: Those who cannot protect themselves, have no colour to make Ordinances to protect others who are no members.

The Statute of 11. Hen. 7. Cap. 1. doth by expresse words free all persons who adhere to the King.

The Army by an act of Indempnity free themselves from all those dangers, which an Ordinance can no more do, then repeale all the Lawes of the Land, the whole and sole power by law to pardon all treasons and fellonies, being solely and wholly in the King as is cleared by the 27. H. 8. Chap. 24. and the Law of the Land in all times.

Having shewed the danger of the Army by the Law of the Land, next consider the Ordinance of the Lords and Commons published the 22. of May instant for their Indempnity. By the ensuing discourse it doth appeare they have no Indempnity at all thereby.

The Indempnity proposed by the Ordinance, is for any act done by the Authority of Parliament, or for the service or bene­fit thereof, and that the Judges and all other Ministers of Justice shall allow thereof.

This Ordinance cannot secure the Army for these reasons.

I. Their Judges are sworne to do Justice according to the Law of the Land: This Ordinance is no Law of the Land, and there­fore the Judges must be forsworne men, if they obey it, and no man can beleeve they will perjure themselves so palpably and vi­sibly to the eye of the world.

II. If the Judges conceive (as they may) that the taking of other mens horses or goods is not by the Authority of Parliament, or [Page 3] for the service and benefit thereof, the souldier dies for it: Prince, case, 8. reports. they may say to steale or robany man of his goods is not for the Parliaments service, but against it.

III. This Ordinance is against their Ordinances which expres­ly prohibits plundering, and so there is one ordinance against another, whereby their Judges have an outlet to proceed up­on the one or the other, and thereby the Army hath no man­ner of security.

IIII. 28. Augusti. 1642. collect of Ordinances first part 565. 592. 605. severall Or­dinances. 4. pars insti­tutes pag. 1. 3 pars insti­tutes pag. [...]2 1 pars insti­tutes pag. 1. 11. Hen. 8. 3. Dier 28. Hen. 8. f. 60 12. Hen. 7.20. 1. pars institutes 159. Princes case 8. pars reports. 1. pars in­stitutes 109 1. pars insti­tutes pag. 110. 4. pars insti­tutes p. 49. This Ordinance is restrained to the Ordinance, service, or benefit of the Parliament. The Lords and Commons make no more a Parliament by the Law of the Land, then a body without a head makes a man, for a Parliament is a body com­posed of a King their head, the Lords and Commons, and all make one body, and that is the Parliament and none other, and the Judges may, ought, and I beleeve will according­ly to their oathes proceede, as not bound at all by this Ordi­nance. For it is restrained to the Ordinance of Parliament, service, or benefit thereof, whereas the two Houses are not the Parliaments, but onely parts thereof, and by the abuse and misunderstanding of this word Parliament, they have miserably deceived the people.

V. The word Parliament is a French word (howbeit such As­semblies were before the Northern conquest herein are) and signifieth in that language to consult and treat: that is the sence of Parlet in the French Tongue. The writ whereby the two Houses are assembled, which is called the writ of Sum­mons of Parliament at all times, and at this Parliament used, and which is the warrant, ground and Foundation of their meeting, is for the Lords of the House of Peers, the Judges and the Kings Councel, to consult and treat with the King (that is the Parlet) of great concernments touching, 1. The King, 2. The defence of his Kingdome, 3. The defence of the Church of England. It cannot be a Parliament that will not parle with the King, but keepe him in prison, and not suffer him to come to them and parle, and therefore the Law, and [Page 4] sence, and reason, informing every man that this is no manner of Parliament (the King with whom they should parle, being so restrained, that they will not parie with him) the Army hath no manner of security by this Ordinance. For their In­demnification refers to that which is not in being, untill the King be at liberty.

VI. It is more then probable, that their Judges before the last Circuit, had instructions to the effect of this Ordinance: but they the Judges making conscience of their oath, laid aside the said instructions, and ought and may, and it is believed, will no more regard this Ordinance, then the said Instructi­ons: The common Souldiers second apolo­gie. 6 Grievances of the Army published 15. May instant 3 Grievan­ces of colonel Birches Re­giment. what was done the last Circuit, notwithstanding the said Instructions, the Army well knowes, touching many of their fellow Souldiers.

VII. The Houses in their first Proposition to his Majesty for a safe and well-grounded peace sent to Newcastle, desire a par­don from His Majesty for themselves: they who desire a pardon, cannot grant a pardon (common reason dictates this to every man) and therefore that the army should accept an Indemnity from them, who seek it for themselves, or should conceive it of any manner of force, is a fancie, that no man in the whole Army, but may apprehend that it is vain and a meere delusion.

VIII. His Majesty by his gracious Message of the 12, of this in­stant May, and published two dayes sithence, hath offered an act of oblivion, a generall pardon to all his people; this done the Law doth indemnifie the Army without all manner of scruple, for any thing that hath beene done: for it is an Act of Parliament, when the King and two Houses concur, and binds all men: there is no safety by the Ordinance, there is safety by an Act of Indemnity; and will not reasonable men prefer that that is safe, before that which is unsafe.

IX. His Majesty by his said Letter agrees to pay the arreares of the Army; I am sure that is a publike debt, and the chie­fest [Page 5] and the first that by the two houses should be paid, and before any divident among themselves, for their bloud, limbes, & lives have put and kept them at rest in the power they have. So by this concurrence of his Majesty for your indemnity, and for your arrears, the Army have not an Or­dinance, or the publike Faith, but the Law of the Land to make sure unto them their indemnity, for all acts, and for their arreares, and therewith also bring peace to the Land.

X. The Kingdome and People generally desire these things. To such an army just and reasonable things must not be de­nyed, the things formerly proposed are most just and reaso­nable: you may have them if you will; if you will not, you will render this Kingdome miserable, Mr. Pyms Speech a­gainst the E. of Strafford, pag. 16. 6 Considera­tion printed by command of the House of Commons. wherein you will have your shares of misery: the head and the body is such an incorporation as cannot bee dissolved without the de­struction of both.

I say againe, it is a certain truth, this Kingdome without an Act of oblivion, and a generall pardon, and the payment of Souldiers arreares, and a meet regard had to tender con­sciences will unavoydably be ruined.

WHereas divers opinions have been before this time, in what case Treason shall be said, and in what not: The King at the request of the Lords and of the Commons hath made a Declaration in the manner as hereafter follow­eth: That is to say, When a man doth compasse, or imagine the death of our Lord the King, or of our Lady the Queene. or of their eldest Son and Heire: or if a man d [...]e violate the Kings companion, or the Kings eldest daughter unmarryed, or the wife of the Kings eldest sonne and heire: or if a man do levie war against the Lord our King in his Realme, or be adherent to the Kings enemies in his Realm, giving to them aide and comfort in the Realm, or else-where, and thereof be probably attainted of open deed by people of their con­dition; And if a man counterfeit the Kings great or privie Seale, or his Money: and if a man bring f [...]lse money into this Realme, counterfeit to the money of England▪ and the money called Lusburgh, or other like to the said money of England, &c.

THe King our Soveraign Lord calling to his remem­brance the duty of allegiance of his Subjects of this his Realm, & that they by reason of the same are bound to serve their Prince and Sover. Lord for the time being in his wars, for the defence of Him and the Land, against every rebellion power and might raised, reared against him, and with him to enter and abide in service in battell, if case so require, and that for the same service what fortune ever fall by chance in the same battell against the mind and will of the Prince (as in this Land sometime passed hath been seene) that it is not reasonable, but against all lawes, reason and good con­science, [Page 7] that the said Subjects going with their Soveraigne Lord in wars, attending upon him in his person, or being in o­ther places by his commandement within this Land or with­out, any thing should lose or forfeit, for doing their duty or service of Allegiance. It be therefore ordained, enacted, and e­stablished by the King our Soveraigne Lord, by the advice & assent of the Lords spirituall and temporall, and the Commons in this present Parliament assembled, and by authority of the same, that from henceforth no manner of person or persons whatsoever he or they be, that attend upon the King and So­veraign Lord of this Land for the time being, in his person, & do him true and faithfull service of allegiance in the same, or be in other places by his commandement in his wars, within this Land or without, that for the said deed and true duty of allegiance he or they be in no wise conviet or attaint of high treason, nor of other offences for tha [...] cause, by act of Parlia­ment, or otherwise by any processe of Law, whereby he or a­ny of them shall lose or forfeit life, lands, tenements, rents, pos­sessions, hereditaments, goods, chattels, or any other things but to be for that deed and service utterly discharged of any vexation, trouble, or losse. And if any act or acts, or other pro­cesse of the Law hereafter thereupon for the same, happen to be made contrary to this Ordinance, that then that act or acts, or other processe of the Law, whatsoever they shall bee, stand and be utterly void. Provided alwayes, that no person or persons shall take any benefit or advantage by this Act, which shall hereafter decline from his or their said allegi­ance.

Cap. 24. In the Statute of 27. H. 8. I [...] is enacted, that no person or persons of what estate or degree soever they be of, shall have any power or authority to pardon or remit any treason, murders, manslaughters, or any kind of Fellonies, &c. but that the K. shal have the sole & whole power & authority thereof united and knit to the Imperiall Crown, as of right it appertaineth, &c. And in the same it is enacted further, that none shall have power, of what estate, degree, or condition soever they be, to make Justices of Eyre, Justices of Assize, Justices of the Peace, &c. bu [...] all such Officers and Minister [Page 8] shall be made by Letters Pattents under the Kings great Seale in the name and by the authority of the King and his Heire [...] and Successors Kings of this Realme.

In the first yeare of Queen Mary, and the first Chapter, It is enacted by the Queen, with the consent of the Lords and Gommons, That no deed, or offence by Act of Parliament, made treason, shall be taken, deemed, or adjudged to bee high treason, but only such as be declared and expressed to be trea­son by the Act of Parliament, made 25. Ed. 3. cap. 2. before mentioned.