THE CASE OF THE ARMIE Truly stated, together with the mischiefes and dangers that are imminent, and some sutable remedies, Humbly proposed by the Agents of five Regiments of Horse, to their respective Regiments, and the whole Army. As it was presented by Mr. Edmond Bear, and Mr. William Russell, October 15. 1647. unto his Excellency, Sir Thomas Fairfax. Enclosed in a Letter from the said Agents: Also his Excellencies Honourable Answer thereunto.

Deut. 20.8.

What man is there that is fearefull and faint hearted? let him go and returne unto his House, least his brethrens heart faint as well as his heart.

Judg. 7.7.

And the Lord said unto Gideon, by the three hundred men that lapped, will I save you, and deliver the Midianites into thine hand, and let all the other people go, every man unto his place.

LONDON Printed in the Yeare, 1647.

The Case of the Army truly stated, toge­gether with the mischiefes and dangers that are imminent, and some sutable remedies, Humbly proposed by the Agents of five Regiments of Horse, to the respective Regiments and the whole Army.

WHereas the grievances, dissatisfactions, and desires of the Army, both as Com­moners and Soldiers, hath been many months since represented to the Parli­ament; and the Army hath waited with much patience, to see their common grievances redressed and the rights and freedomes of the Nation cleared and secured; yet, upon a most serious and conscientious view of our Narratives, Representations, Ingage­ment, Declarations, Remonstrances, and compairing with those the present state of the Army and Kingdome, and the present manner of actings of many at the Head Quarters, we not only apprehend nothing to have been done effectually, either for the Army or the poore oppressed people of the nation, but we also conceive, that there is little probabillitie of any good, without some more speedy and vigorous actings.

In respect of the Army,* there hath been hitherto no publique vindication thereof, about their first Petition, answerable to the Ignominie, by declaring them enemies to the State, & disturbers of the peace: No publike clearing nor repairing of the credit of the Officers, sent for about that petition as Delinquents: No provision for Apprentizes Widowes, Orphans, or mained Souldiers an­swerable to our reasonable addresses propounded in their behalf: No such Indempnitie, as provideth security, for the quiet, ease, or safety of the Soldiers, disbanded or to be disbanded. No securitie [Page 2]for our Arreers, or provision for present pay to inable the Army to subsist, without burthening the distressed Country. And in respect to the rights and freedomes of our selves and the people, that we declared we would insist upon, we conceive there is no kind or degree of satisfaction given: Viz. The copy of the grievan­ces presenteD to the Parlia­ments Com­missioners at Saffron Wal­den. there is no determinate period of time set when the Parliament shall certainly end: The house is in no measure purged, either from persons unduly elected, or from Delinquents, Viz. the Re monst, of Iun. 23. pag. 6 7. Its mentioned as one of the disatisfactions, that caused the march to Lon­don. See also the disatisfactions of the Armie annexed to the Engagement. pag. 19, 20. that appeared to be such at the Armies last insisting upon their rights, or since; the Viz. the Re­presentation of the Armice dissatisfacti­ons, agreed on upon Iune 4. & 5. pag. 17, 18, 19, 20, 21. where these were represen­ted as the ground of the filoma En­gagement. honour of the Parliamentary au­thority [...] cleared, and vindicated from the most horrid inju­stice of that Declaration against the Army for petitioning nor of suppressing and burning Petitions, abusing and imprisoning Pe­titioners: But those strange presidents remaine upon Record, to the imfamy of Parliamentary authority; and the danger of our own and the peoples freedomes: The people are not righted, nor satisfied in point of accompts, for the vast summes of money dis­bursed by them: None of the publique burthens, or oppressions, by arbitrary Committees, Viz. the de­claration of Iu. 14 p 6.9. iniustice in the Law, Tythes, Mono­polies, and restraint of free trade, but then some Oathes, inc qual­litie of Assessements, Excize, and otherwise are removed or lightned, the rights of the people in their Parliaments, concerning the nature and extent of that power, are not cleared and declared. So that we apprehend our own & the peoples case, little (if in any measure) better, since the Army last hazarded themselves for their own and the peoples rights and freedomes. Nay, to the griefe of our hearts, we must declare, that we conceive, the peo­ple and the Armies case much impaired, since the first Randez­vouz at New Market, when that solemne ingagement was entred into: And that from the consideration.

That the Armies Engagement, Representations, Declarati­ons, and Remonstrances, and promises in them contained, are declined, and more and more dayly broken, and not only in some smaller matters, wherein the Armie and the Kingdome are not so neerly concerned, but in divers particulars of dangerous conse­quence to the Army and the whole Nation. As,

First, In the Engagement, pag. the 5. the Armie promised eve­ry Member thereof each to other, and to the Parliament and Kingdome, that they would neither disband nor divide, nor suf­fer [Page 3]themselves to be disbanded or divided untill satisfaction should be given to the Army in relation to their grievances, and desires; and securitie that neither the Army nor the free borne people of England, should remaine subiect to such injuries, oppression, and abuse, as the corrupt party in the Parliament then had attempted against them.

Secondly, The Traine of Artillery is now to be disbanded, before satisfaction or securitie is given to the whole Army in re­lation to themselves, or other the free borne people, either in re­spect to their grievances or desires. And when the strength or sinewes of the Army be broken, what effectuall good can be se­cured for themselves or the people in case of opposition?

Thirdly, The Army is divided into quarters so farre distant, that one part is in no capabilitie to give timely assistance to ano­ther, if any designe should be to disband any part by violence so­dainly, although neither our grievances nor desires as Soldiers or Commoners are redressed or answered. And as we conceive this dividing of the Army before satisfaction or securitie as afore­said, to be contrary to the Armies intention in their Engagement, at the said Randezvouz, so we conceive it hath from that time given all the advantage to the enemies, to band and designe a­gainst the Armie, whereby not only pay hath been kept from the Soldiers, and securitie for arreers prevented, but the kingdom was indangered to have been imbroyled in blood, and the settlement of the peace and freedome of the Nation, hath been thus long de­layed.

The whole intent of the Engagement, Viz. His Ex­cellencies let­ter to the City sent from Roy­ston, Iune 16. and the equitable sense of it, hath been perverted openly, by affirming, and by sini­ster meanes making seeming determinations in the Counsell, that the Army was not to insist upon or demand any securitie, for any of their own or other the free borne peoples freedoms or rights, though they might propound any thing to the Parlia­ments consideration; and according to that high breach of their Engagement, their actions have been regulated, and nothing that was declared formerly, to be insisted upon, hath been resolvedly adhered to, or claimed as the Armies or the peoples due, and we conceive it hath been by this meanes, that the Soldier hath had no pay constantly provided, nor any securitie for Ar­reers [Page 4]given them, & that hitherto they could not obtain so much, as to be paid up equally with those that did desert the Army, The pay since received hath not been so much as since accrued to be due in course, and therefore that answers not the three moneths Ar­reers that was paid to the de­serters of the Armie. it not being possitively insisted upon although in the Remonstrance of Iune, 23. pag. 11. It was declared, that it should be insisted up­on resolvedly, to be done before the Thursday night after the send­ing that Remonstrance, and its now many moneths since.

Fourthly, In the prosecution of this breach, there hath been many discouragements of the Agitators of the Regiments, in consulting about: the most effectuall meanes, for procuring the speedy redresse of the peoples grievances, and clearing and se­curing the native rights of the Army, and all others the free Commons.

It hath been instilled into them, that they ought not to inter­meddle with those matters, thereby to induce them, to betray the trust the Regiments reposed in them; and for that purpose, the endeavours of some hath been to perswade the Soldiery, that their Agitators have medled with more, then concerned them. In the Declaration of Iune 14. pag. [...] It was declared that the Ar­my would adheare to their desires of full and equall satisfaction to the whole Soldiery of the Kingdome in Arreers, Indempnity, and all othre things mentioned in the papers, that contained * It was decla­red to be one of the chiefe grounds of discontent, if any part of the Armie should be dis­banded before satisfaction was given to the whole, See the Engage­ment pag. 3. and the Ar­mies first grie­vances, and are not all that concurred with the Armie in the same conditi­on? the grievances, disatisfactions and desires who did then, or should afterward concurre with this Army in these desires.

But many thousands who have concurred with this Army, are now to be sent for Ireland, or to be disbanded with two moneths pay, before any securitie for Arrears, or sufficient Indempnitie, or any satisfaction to any desires as Soldiers or Commoners, then propounded; so now our Declaration is forgotten, and the faith of the Army, and his Excellency broken, for it may be remem­bred, that his excellency often promised, that the same care should be taken for those, that concurred, that should be for this Army, therefore if this course be driven on, what better can wee expect for our selves in the end?

Sixtly, In the same Declaration, June 14. pag. 6. it is declared that the Army took up Armes, in judgement and conscience, for the peoples just rights and liberties, and not as mercenary Soul­diers, hired to serve an arbitrary power of the State, and that [Page 5]in the same manner it continued in armes at that time, and pag. 7. of the same Declaration, it was declared that they proceeded up­on the principles of right and freedome, and upon the law of na­ture and Nations, But the strength of the endeavours of many hath been, and are now, spent to perswade the Soldiers and Agi­tators, that they stand as Soldiers only to serve the State, and may not as free Commons claime their right and freedome as due to them, as those ends for which they have hazzarded their lives, and that the ground of their resusing to disband, was only the want of Arrears and Indempnitie.

Seventhly, In the Remonstrance June 23. pag. 14. compared with pag. 15. it was declared, that such extraordinary courses should be taken as God should direct & enable them thereunto, to put things to a speedy issue, unles by the Thursday then imediately following, assurance and securitie were given to the Army and Kingdome, that the things desired in the Declaration, Iune the 14. should be speedily granted and setled.

But there hath been ever since, a totall neglect of insisting pos­sitively upon the redresse of those grievances, or granting those desires of the Army as Soldiers. That the Declaration of June the 14. pag. the 3. refers unto, as formerly expressed, and not so much as one of those desires, as Commoners of England in the behalfe of themselves and others, (propounded in the same Declaration, pag. 6.9, 10, 11.) hath been insisted upon possitively; neither set­ting a determinate period, wherein the Parliament shall certain­ly end, nor purging the House, nor clearing the rights of the peo­ple, in petitioning nor the righting of them in accounts, &c. so that by these declinings of the Army, Viz. declara­tion Iune 14. pag. 4. from insisting resolvedly upon the peoples, and the Armies own rights, both are after long expectations, as farre from right and freedome, as though there had been no man to plead p their cause. And herein it is to be ob­served, that the neglect of insisting upon our most just desites, hath given enemies such secret incouragement, that they shufle off any desires, though propounded; as to be insisted upon, Viz. the Ar­mies represen­tation of disae tisfaction Iun. 4.5. page 19. as may be men­tioned in that our just desire, of recalling publikely the Declarati­on, inviting al to desert the Army, & professed to be insisted upon, in the same Declaration, June 23. pag. 11. which notwitstanding to this day was never publiquely recalled; so likewise the desire [Page 6]of vindicating the Parliaments honour, in relation to a publique disowning the order to suppresse our first Petition, and many others. The parlia­ment & Scots Commissio­ners long since resolved that satisfaction and securitie was to be gi­ven to the people in rela­tion to those publike ends for which they expended so much treasure and blood, before the King should be provided for this is hinted in the Remon­strance signed King stone, page 11.

Eightly, In the declaration of Iune 14. pag. 10. as in all other Remonstrances and Declarations, it was desired, that the rights and liberties of the people might be secured, before the Kings bu­sincsse should be considered. But now the grievances of the peo­ple are propounded to be considered after the restoring him to the regall power, and that in such a way according to the proposals viz. with a negative voice, that the people that have purchased by blood what was their right, of which the King endeavoured to deprive them, should yet solely depend on his will, for their re­liefe in their grievances and oppressions; and in like manner the securitie for the Armies Arrears is proposed, to be considered after the businesse of the King be determined, so that there is a totall declension since the method formerly desired, in the setling the peace of the Nation.

Ninthly, It hath been alwayes professed and declared, that the Army was called forth and conjured by the Parsiaments Decla­rations, for defence of the peoples rights, against the forces raised by the King, and for delivering the King from his evill Councell, who seduced him to raise the war, and bringing Delinqueuts to condigne punishment, But now through the Armies countenance and indulgence, those conquered enemies, that were the Kings forces, abuse, reproach, and againe insult over the people, whose freedome was the grounds of the Armies engagement, yea, the Kings evill Councellors, that concurred in designing all the mis­chiefes in the Kings late warre against the people, are againe re­stored to him, and are admitted free accesse without check into all the Armies quatters, whereby they are restored to a capacitie of plotting and designing mischiefe against the Armie and king­dome.

Tenthly, When imminent ruine, to the whole nation was ap­prehended, by meanes of the multitudes of corrupted Members in Parliament, diverting and obstructing all good proccedings; then the purging of the House in part, from one kind of Delin­quents, was againe insisted upon, and a solemn Protestation was passed in the remonstrance from Kingstone, pag. 21. That the [Page 7]Armie would not permit those to sit in the House, that usurped the name and power of Parliamentary authoritie, when the Par­liament was by violence suspended, and endeavoured to raise a warre to distroy the Parliament and Army, but that they would take some effectuall course to restraine them from sitting there, that the people might be concluded only by those Members that are free from such apparant treacherous breaches of their trust.

But hitherto this Engagement for purging the House from those Delinquents, (whose interest ingages them to be designing mischiefe against the people and Army) is declined and broken, to the black reproach and foulest infamie of the Army; and now these strong cords are cut in sunder and so forgotten, that there are no visible endeavours or intentions, to preserve the honour of the Armie, in its faithfullnesse to its Engagement and Protesta­tion.

Thus all promises of the Armie to the people that Petitioned his Excellencie and the Army to stand for the National interest, free­domes and rights, are hitherto wholly declined, and the law of na­ture and nations now refused by many to be the rule by which their proceedings should be regulated; they now strip themselves of the interest of English men, See his Excel­lencies letter to the City, dated Iu. 10. pag. 4. which was so ill resented when it was attempted by the mallice of the enemies.* And thus the peo­ples expectations that were much greatned, and their hopes of re­liefe in their miseries and oppressions which were so much height­ned are like to be frustrate, and while you looke for peace and free­dome, the flood-gates of slaverie, oppression and miserie are o­pened upon the Nation, as may appeare by the present mani­fold dangers that incompasse about the Army and the whole Nation.

The mischiefes, evills, and dangers, which are and will be the necessar consequence of the Armies declining or delaying the effectuall ful­filling of its first Engagement, Promises and Declarations or of its neglect to insist possitively upon its first prin­ciples of common right and freedome.

VVHereas its now many moneths since the Army declared (In answer to the Petitions of divers Counties, and from the sense of an absolute necessitie thereof,) that they would insist upon the peoples interest; as in the Declaration of Iune 14 pag. 13. And yet no reliefe for the people in any of their oppressions, Then also they professed that they hoped God would cleare it, that they have acted the kingdomes and every honest mans interest. viz. the Re­monstrance from Kingstone pag. 12. by arbitrary powers, Monopolies, in­iustice in the proceeding at Law, Tythes, Excize, &c. is effectu­ally procured; nor any greater probabillitie of future helpe is visible then was before; no foundations of freedome being yet laid; and yet the Soldiery burthening the country with free quarters and occasioning greater taxes. These five mischiefes and dangers ensue inevitably.

First, The love and affection of the people to the Armie, which is (an armies greatest strength) is decayed, cooled, and neere lost; its already the common voice of the people, what good hath our new Saviours done for us? What grievances have they procured to be redressed? Wherein is our condition bettered? or how are we more free then before?

Secondly, Not only so, but the Army is rendred as an heavie burthen to the people, in regard more pay is exacted dayly for them, and the people find no good procured by them, thats an­swerable or equivolent to the charge, so that now the people begin to cry lowder for disbanding the Army then they did formerly for keeping us in Armes, bcause they see no benefit accruing, they say they are as likely to be oppressed and inslaved both by King and Parliament, as they were before the Armie engaged profes­sedly to see their freedomes cleared and secured.

Thirdly, whilst the peoples old oppressions are continued, and more taxes also are imposed for pay for the Army, they are disa­bled dayly more & more for the mantaining of an Army for their preservation, for they beginne to say, they can but be distroyed by [Page 9]oppression, and its all one to them, whether it be by pretended friends or professed Enemies, it were as good, say they, that the King should rule againe by prerogative; we were slaves then to his will, and we are now no better; we had rather have one tyrant then hundreds.

Fourthly, By this meanes, distractions divisions heart burnings and jealousies are increased to the imminent danger of ruine to the Army and kingdome; the people are inclined to tumults, cry­ing out, will none procure reliese for us! shall we alwayes be de­luded with faire words, and be devoured by oppressors? we must ere long rise up in armes, and every one catch what he can: thus confusion is threatned.

Fiftly, The Army is exposed to contempt and scandall, and the most black reproaches, and infomies are cast upon them; the peo­ple say, that their resolutions not to disband were, because they would live idlly on the peoples labours; and when the Soldiers are constrained to take free quarters, this (saith the people) is for freedome, and right, to cate the bread out of our childrens mouths: so that many Soldiers are ashamed of themselves, and feare that the people should rise to distroy them: you will doe no­thing for us (say they) we are vexed by malignant Iudges, for conscience sake, by arbitrary Committees in the Country, and at Parliament ordering one thing this day, and recalling it the next to out intollerable vexation; injustice in the saw is the same, and we buy our right at as deare a rate as ever, Tythes are infor­ced from us double and threble Excize continues, we can have no accompts of all our moneys disbursed for the publike, more is dayly required, and we know not what is become of all we have paid already, the Soldiers have little pay, and the maimed Soldiers, Widowes, and Orphans, are thrust upon us to be parrish charges.

2ly. Whereas the Engagement is broken, and the first princi­ples deserted or neglected, They for­merly prevail­ed and pro­ceeded in that way viz Dcl. offered to the Commissioners at Saffron Wal­den. these mischiefes and dangers have casued.

1. The enemies are incouraged and imboldned to proceed in prejudice to the people & the Army as formerly: they may receive hopes upon the armies own words in their general Councels, that the army will not oppose or disturbe them in their proceedings, to [Page 10]deprive the Armie and people of their native rights; for if they can abuse the Parliament, or surprize them as formerly, they may say for themselves, the Armie hath declared, that they stand on­ly as Soldiers, and will not insist upon any possitive demand of their own and the Nations freedomes, and was it not this that imboldned the enemies formerly to suppresse our first petition, and declare us enemies, for petitioning? they thought we would have stood only as mercenary Soldiers, hired to serve their ar­bitrary power; and not remembred that we by, their invitation took up armes in judgement and conscience, to preserve the na­tion from tyrannie and oppression, and therefore were obleiged to insist upon our rights and freedomes as Commoners, and surely it hath been upon this ground, that they kept us without money so long, thinking we would not or durst not insist upon our de­mands of that which is due to us; and upon this ground we judge the Parliament hath proceeded of late to increase the peoples op­pressions, by an Ordinance for trible dammages, to be paid by all that refuse, (though for conscience sake) to pay Tythes, and an Ordinance to lock up the printing presses against whom they please, which was in the Bishops time complained of, as one of the great oppressions, and have flighted just petitions, and negle­cted to consider and redresse the prisoners grievances and op­pressions, and the sufferings of conscientious persons, by the un­just statutes against Convinticles so stiled, and statutes for Common prayer Book, and enforcing all to come to Church, and all other the peoples grievances.

2. From the Armies declining their first principles, the same corrupt Members remaine in Parliament that caused the Army to be proclaimed enemies for petitioning, and its to be observed that through the influence of those in the House, there was never any publike vindication of the Armys honour, and of the justice of their petitioning at that time; and can the Armie be safe, so long as its old declared enemies are in power, and doe but watch the fittest opportunitie to worke any mischiefe, but not only those enemies remain in power, viz. the Remonstrance from [...]ngston August 18, pag. 21. and watch to distroy you, but 65. at least that lately voted and endeavoured to raise a new war, to distroy the Army, are suffered to vote in the Parliament, though the Army hath protested solemnly, they would not suffer those [Page 11]usurpers to sit there, or that they would be concluded by those that were coactors in such treasonable breaches of their trust.

3. Through the Armies dividing contrary to the Engagement, and neglecting to insist upon the first declaration, the enemies have had power and opportunitie, to prevent them of their con­stant pay, and obstruct all proceedings to securitie for arreers, whereas otherwise the enemies would not have dared to presume to obstruct good proceedings, and to prosecute their designes a­gainst the armie.

4. Through the armies back-sliding from the Remonstrance, and Protestation from Kingstone, August. 18. those that lately en­deavoured to raise a warre against the Parliament and Army, con­tinue in the House, and have passed an Ordinance, viz. Dec. shewing the reasons of their last march unto London pag. 9. wherein those bettayers of their trust are acknowledged to have been a House of Parliament, when the Parliament was forced away and sus­pended, and the Armie having declared them to be no Parlia­ment, and his Excellencie slighted their command, at Colebrooke professing he knew no Parliament, to which he should send, are by this made guilty of the highest treason, and so a snare is laid for his Excellencie and the Army, that when the enemies shall have the advantage, they may be declared traytors, for declaring against the Parliament, and disowning their authoritie, so that if some speedy remedie be not applyed, no man knowes how soon the enemie may prevaile to distroy his Excellency, the Armie and kingdome by this meanes: and the pollicie of the enemie [...] to be observed, that they would never suffer that Declaration to be debated in the House, that was published at the Armies mar­ching towards London, wherein those that usurped the power of a Parliament, when the Parliament was suspended, were declared to be no legall Parliament: but the Declaration and Remon­strance of August 18, wherein the Armie protested against the sit­ting of those usurpers in the House, may together be made the ground of their declaring us Traytors upon any advantage, for disowning, and declaring against the supreame authoritie of the Nation, in case those usurpers shall continue to be acknow­ledged a house of Parliament, sit remaines at present by the late Ordinance of August 20. procured to be passed by those Vsurpers themselves fitting Iudges of their own case.

5 By this neglect and declining of the Army, The Parliament is returned to their old delatory way of proceeding, neither insist­ing upon the relieving the people speedily and effectually in any of their grievances, nor providing constain pay for the Army, nor securitie for arreers; so that the delayes that are occasioned through the Armies declining their first principles are as di­structive to the Armie and Kingdome as if there were direct a­ctings by the Army against the Kingdomes peace.

6 Through the same declension of the Armies first principles, and the good and necessary method propounded for setling the nation in peace and freedome before the kings businesse be con­sidered, the King is likely to recover his old capacity, before the peoples freedomes (which they have redeemed out of the hands of him & his forces by blood) be cleared and established se­curely, & likewise before any security be given for arreers; & then what probabilitie there is that then there should be any good se­curitie of pay obtained for the armie that conquered him, & for the freedomes of these that assisted them, let any rational man iudget It may more certainly be expected, that he will provide for the pay and Airers of his own Soldiery rather then of ours. And likewise by the same meanes, the armies and their assistants indempnitie, is propounded to receive its strength from the Kings consent; whereas not only his signing of, or consent to any act is wholly null and void in law, because he is under restraint, and so our indempnitie, will be insufficient, if it shall depend in the least, on his confirmation. But also its the highest disparagement to the supream authority of this Nation, the Parliament, that when they have commanded an armie upon service against the King, they should not have sufficient power to save them harmelesse for obedience to their commands, and also its the highest dishonour to the armie, that they should seeke to the conquered enemie to save them harmelesse for fighting against them, which is to aske him pardon, & so will remain as a perpetual reproach upon them.

7. Through the armies declining its first principles, to insist upon satisfaction and securitie as Soldiers & Commoners before disbanding or dividing the armie, is it now likely to be so far scat­tered into severall quarters, that it shall be in no capacitie, to in­sist upon securitie for arreers, sufficient indempnitie or upon any its own or the nations rights, in case they shall be still denyed them.

8. It is to be considered that the enemies on the one hand, and the other increase dayly in their boldnesse, confidence, and strength, whilest securitie for the armies arreers, and constant fu­ture pay (so long as it shall be continued) are not provided, and and the rights and freedomes of the people are not cleared and se­cured, & the armie may divide in case one part should insist upon the first just principles, and be faithfull thereunto, and another part should by flatteries, preferments, feare or negligence decline or desert them, and let it be considered what strength that would adds to the enemies, and how far it will indanger the ruine of the armie and kingdome.

Now we cannot but declare, that these sad apprehensions of mischiefes, dangers and confusion gaping to devoure the armie hath filled our hearts with troubles, that we never did, nor doe regard the worst of evills or mischiefes that can befall our selves in comparison to the consequence of them to the poore Nation, or to the security of common right and freedom, we could not but in (reall not formall fained) trouble of heart for the poore Nation and oppressed people, breake forth and cry, O our bowels! our bowels! we are troubled at the very heart to heare the peoples dol­full groanes, and yet their expected deliverers will not heare or confider, they have run to and fro, and sighed or even wept forth forth their sorrowes and miseries, in petitions, first to the King then to the Parliament, and then to the armie, yet they have all been like broken reeds, even the armie it selfe upon whom they leaned have pierced their hands, their eyes even faile with looking for peace and freedome, but behold nothing but distraction, op­pression and trouble, and could we hope that helpe is intended, yet the people perish by delayes, we wish therefore that the bow­ells of compassion in the whole armie might yearne towards their distressed brethren, and that they might with one consent say each to other, come let us joyne together speedily to demand pre­sent redresse for the peoples grievances, and securitie for all their and our own rights and freedomes as Soldiers and Commoners. Let us never divide each from other till those just demands be an­swered really and effectually, that so for the peoples case as many forces as are not absolutely necessary may be speedily disbanded and our honour may be preserved unspotted, when they shall see, [Page 14]that we minded not our own interest, but the good, freedome, and welfare of the whole Nation. Now to all that shall thus appeare we propound.

That whatsoever was proposed to be insisted on either, in the the Declaration of June the 14. or the Remonstrance Iune 23 and in the Remon. from Kingstone, August 18. be adhered to resol­vedly, so as not to reced from those desires, untill they be throughly and effectually answered: more particularly that whereas it appeares by possitive lawes and antient just customes, that the people have right to new successive elections for Parlia­ments at certain periods of time, and that it ought not to be deny­ed them, being so essentiall to their freedome, that without it they are no better then slaves, the nature of that legislative power, being arbitrary and that therefore it be insisted on so possitively, and resolvedly, as not to recede from it.

1. That a determined period of time, be forthwith set, wherein this Parliament shall certainly be desolved, provided also that the said period be within 9. or 10. moneths, next ensuing, that so there may be sufficient time for setling of peace and freedome.

2. Whereas all good is obstructed and diverted by the power & influence of Delinquents the late usurpers, & undu elected ones in the Parliament, that therfore it be possitively & resolvedly insi­fled on; that the house be forth with purged, from al that have sor­fited their trust or were unduly elected, but especially that an or­der be passed forthwith, for the expelling all those from the house, who sate in the late pretended Parliament, & that likewise a severe penalty be ordered to be imposed on every of those usurpers that shall presume to sit in the House, for the passing of such an order, before they shall have given sufficient evidence, that they neither voted for a new warre, or for the Kings comming to London up­on his own tearmes.

3. Wheras his Excellencie & the whole armie, were guilty of the highest treason if the pretended Parliament had been a legall Par­liament, and its apparent that they were no legall Parliament, that therefore it be possitively and resolvedly insisted upon, that the Declaration of the army upon their last march up to London be forthwith publikely owned, and approved of by the Parliament, and that the same publique approbation be Passed upon the Re­mon, and protest sent from Kingstone August 18.

5. Whereas Parliaments rightly constituted are the foundation of hopes of right and freedome to this people, and whereas the people have been prevented of Parliaments, though many possitive lawes have been made for a constant succession of Parliaments, that the be­fore it be possitively and resolvedly insisted upon, that a law peramount be made, enacting it, to be unalterable by Parliaments that the peo­ple shall of course meet without any warrants or wries once in every two yeares upon an appointed day in their respective Countryes, for the election of the representors in Parliament, and that all the freeborn at the age of 21. yeares and upwards, be the electors, excepting those that have or shall deprive themselves of that their freedome, either for some yeares, or wholly by delinquency, and that the Parliament so e­lected and called, may have a certaine period of time set, wherein they shall of course determine, and that before the same period they may not be adjurnable and disolvable by the King, or any other ex­cept themselves.

Whereas all power is originally and essentially in the whole body of the people of this Nation, and whereas their free choice or consent by their Representors is the only originall or foundation of all just government, and the reason and end of the choice of all just Gover­nors whatsoever is their apprehension of safety and good by them, that it be insisted upon possitively. That the supreame power of the peoples representors or Commons assembled in Parliament be forth­with clearly declared as their power to make lawes, or reveale lawes, (which are not or ought not to be unalterable) as also their power to call to an account all officers in this Nation whatsoever, for their neg­lect or treacheries in their trust for the peoples good, and to continue or displace and remove them from their offices, dignities or trust ac­cording to their demerrits, by their faithfulnesse or treacherie in the businesse or matters where with they are intrusted and further that this power to constitute any kind of governors or officers, that they shall judge to be for the peoples good, be declared, and that upon the aforesaid considerations it be insisted upon, that all obstructions to the freedome and equallitie of the peoples choice of their Representors, either by Patients, Charters or usurpations, by pretended customes, be removed by these present Commons in Parliament, and that such a freedome of choice be provided for, as the people may be equally re­presented. This power of Commons in Parliament, is the thing a­gainst which the King hath contended, and the people have defended [Page 16]with their lives, and therefore ought now to be demanded as the price of their blood.

That all the oppressions of the poore by Excize upon Beare, Cloath, Stuffes, and all manufacturies, and English commodities; be forth­with taken off, and that all Excize be better regulated, and imposed upon forraign commodities, and a time set wherein it shall certainly end, if there be a necessity of its present continuance on such commo­dities.

3. Whereas the people have disbursed such vast sums of money, by Pole-money, Subsidies, proposition money, Contribution, the five and twentieth part, viewes and reviewes of the same monethly assesse­ments, Excize, and other wayes, and such vast sums have been colle­cted and enforced by Sequestrations, Compositions, sale of Bishops lands, and other wayes, that the whole charge of the forces by sea and land might have been defrayed to the utmost farthing, and yet many millions of money remained of all that have been disbursed freely, or enforced had been faithfully brought into the publike treasury, and im­proved for the publique use, only therefore that in respect to the peo­ples right, and for their ease, and for better and more easie provision of money for the Soldiery, that it be insisted upon possitively, that faith­full persons be chosen to receive accounts in every part of the king­dome, especially considering that former Committees for accounts were constituted in a time when corrupt men over poured the Parlia­ment, and yet they have done no service in discovering moneys since their constitution, and herein its to be insisted on, that all without di­stinction, as well parliament men as others, may be equally accounta­ble to persons chosen for that purpose.

Now herein its further to be insisted on, that whereas the time was wholly corrupt when persons were appointed to make sale of Bishops lands, and whereas Parliament men, Committee men, and their kins­folkes were the only buyers, and much is sold, and yet its pretended, that little or no money is received, and whereas Lords, Parliament­men, and some other rich men, have vast sums of arreers allowed them in their purchase, and all their moneys lent to the state paid them, while others are left in necessitie, to whom the state is much indebted, and so present money that might be for the equall advantage of all, is not brought into the publique Treasury by those sales. Its therefore to be insisted on, that the sale of Bishops lands be received, and that they may be sold io their worth, and for present moneys, for the publike [Page 17]use, and yet the sale of all such be recalled, as have not been sold to their worth, or for present moneys.

And it is further offered in consideration that the Court have occa­sioned the late warre, and reduced the state to such necessity, by caus­ing such vast expence of treasure, that therefore whereas the many op­pressions of the people, and the danger of absolute tyrany, were the occasion of the expence of so much blood, and whereas the people have bought their rights and freedomes, by the price of blood, and have in vaine wasted long since, the common enemie, hath been sub­dued for the redresse of their grievances and oppressions, that there­fore it be demanded as the peoples due, which ought not to denyed to the Army or to them yet seeing the King hath his Court and lives in honour, yet before his businesse be further considered, because the peo­ple are under much oppression and misery, it be forthwith the whole worke of the Parliament, to heare consider of, and study effectually re­dresse for all common grievances and oppressions, and for the securing all other the peoples rights and freedomes, besides all these afore men­tioned, and in particuler.

First, that all the orders, votes, ordinances or declarations, that have passed either to discountenance petitions, suppresse, prevent or burne petitions, imprison or declare against petitioners, being dangerous presidents against the freedom of the people, may be forthwith expung­ed out of the Journall books, & the injustice of them clearly declared to all the people, and that in such a declaration the soldiery be vindicated, as to the right and equity of their first petition, all those large summes of money that were allowed to needlesse pretended Officers of the Court which did but increase wickednesse and prophanenesse, may be reserved for a publiqve treasure to be extended in paying those Lords that must be maintained, for the peoples safety, and whereas there is now 50. l. perdiem: allowed for the court, who offered that there might be 300 l. perdiem: allowed for the court, to be paid out of the publique treasury, through a good and faithfull improvement of al the Lands pertaining to the Court, there must be as much reserved for leaving publique charges, and easing the people.

And its further offered, that whereas millions of money, have been kept in deads stock in the City of Lonndon the Hals and Companies, and the free men of the City could never obtaine any account thereof, ac­cording to their right. That therefore a just and strict account may be fhorthwith given to all the free men of any those dead stocks, and yet [Page 18]whereas there hath been nothing paid out of those, nor for the lands pertaining to the City, whiles the estates of others have been much wasted, by continuall payments, that therefore proportionable summs to what other estates have payd, may be taken out of those dead stocks, and lands which would amount to such vast sums, as would pay much of the soldiers arreares, without ou [...] [...]hening the oppressed people.

And its further offered, that forrest lands, and Deanes and Chapters lands, be immediately [...] part for the arrears of the Army, and that the revenue of these and the residue of Bishops lands unfold till the time of sale may be forthwith appoynted to be paid unto our Trea­sury, to be reserved for the soldiers constant pay. And its to be wished that only such part of the aforesaid lands be sold as necessity requires, to satisfie the soldiery for arreares, and that the resedue be reserved and improved for a constant revenue for the State that the people may not be burthened, and that out of the revenues publique debts may be paid, and not first taken out of their own pursest to be repayed to them.

And its further offered for the peoples ease, that the arreers of all for­mer assessements be duly collected from those who have sufficient estates, and have not been impoverished by the warre.

And whereas its conceived that the fees of receivers of customes and Excize if they were justly computed, would amount to neere as much at the Armies pay, its therefore offered that speedy consideration be had of the multitude of those officers and their excessive fees, and profits, as 500. 600. 1000. 1200. l. per annum. As also that many Excize men appoint whom they please as their substitute, and alow what they please for their pay, that the officers may be few, and constant stipends allowed them none ex­ceeding 200. l. per annum, that so more moneys may be brought into the publ [...] treasury.

And for the ease and satisfaction of the people, its further to be insisted on, that the charge of all the forces to be kept up in the kingdome by sea or land, be particularly computed and published, and that all taxes that shall be necessary, may be wholly pro­portioned, according to that charge; and that there be an equall rate propounded throughout the kingdome in all assessements, that so one town may not beare double the proportion of another of the same value.

4. That all Monopolyes be forthwith removed, and no persons whatsoever may be permitted to restraine others from free trade.

5. That the mast sad oppressions of prisoners be forth with eased and removed, and that no person that hath no estate reall or personall, nor any person that shall willingly yeeld up his estate to satisfie his creditors may be detained in prison to the ruine of their persons and families, and likewise, that no person imprisoned in a criminall cause, may be detained from his legall tryall any longer then the next rear me.

6. That all Statutes, for the Common prayer book, and for enforcing all to come to [Page 19]Church, whereby many religious and conscientious people are dayly vexed and oppres­sed be forthwith repealed and nulled. As also that all Statutes against Convinticles, under the pretence of which, religious people are vexed for private meetings about the [...] may be likewise repealed and nulled.

7. That all the oppressive, statutes, enforcing all persons though against their consci­ence, to pay T [...]thes, whereby the husbandman cannot eate the fruit of his labour, may be forthwith repealed and nulled.

8. That all statutes enforcing the taking of oaths, as in townes corporate, the oath of Supreamacy, &c. Wherein either the whole oaths, or some clauses in them, are bur­thens, and snares to conscientious people may be repealed and nulled.

9. That it be declared that no person or Court shall have power or be permitted to enforce any person to make oath, or answer to any Interrogatories concerning himself, in any criminall case.

10. That a Committee of conscientious persons be forthwith selected to consider of the most intollerable oppressions by unjust proceedings in the law, that with all the lawes might be reduced to a smaller number, to be comprized in one volume in the the English tongue, that every free Commoner might understand his own procee­dings, that Courts might be in the respective Counties or Hundreds, that proceedings might become short and speedy, and that the numberlesse grievances in the law and Lawyers, might be redressed as soone as possible.

11. That all priviledges and protections above the law, whereby some persons are ex­empted from the force and power thereof, to the insufferable vexation and ruine of multitudes of distressed people. may be forthwith abbrogated.

12 That all the antient rights and donations belonging to the poore, now imbez­led and converted to other uses, as inclosed Commons, Alms houses, &c. throughout all parts of the land, may be forthwith restored to the antient publique use and service of the poore, in whose hands soever they be detained.

Many other grievances are and ought to be redressed, but these as they are propoun­ded, we conceive might be in a very short time redressed to the reliefe of many distressed ones, and to a generall ease; or at least, put into a way, wherein there might be visible hopes of remedie, and therefore these might be demanded as due to the people, though we desire the Counties might be encouraged to represent all their other grievances also for speedy redresse.

7. Generall head. That it be insisted on, that such Indempnitie be forthwith given both for the Soldiery and all that gave them assistance, and shall provide securely for their quiet, ease and safety, and prevent all chargeable journeys to London, to seek af­ter and waite upon Committees.

8. That in some of the fore mentioned wayes, security be given for arreers forth­with, that as soone as the rights and freedomes of the people be secured according as its hereupon propounded, and the other desires of the Army in relation to their particular freedome from pressing: and provision to be made in a certaine and no disho­nourable way for maimed Soldiers, Widowes, and Orphans, that shall continue during their lives, then the Armes may be disposed into the hands of the faithfull well affected of the Nation, which may be so formed into a mi­litary posture, as to be ready on all occasions of service, and as many of the forces that [Page 20]are kept in constant pay, as shall not be absolutely necessary for the preservation and safety of the people, may be as speedily as possible disbanded, that they may not be a burthen to the Nation.

9. Whereas mercy and justice are the foundations of a lasting peace, its necessary to be insisted on (for the healing differences as far as possible,) That all those whose estates have been sequestered, and yet were not in armes for the King, or gave any actuall assistance to him in men, money, or armes, plate, horse, &c. in the late warre, that all such be discharged forthwith from their sequestrations: and that all such as have com­pounded, may not be enforced, to pay the five or twenteth part, seeing their whole estates were so long under sequestration: and that all those that have not compounded, who were in Armes for the King, may be compelled forthwith to compound, provided, that their Compositions be so moderate, as none may exceed two yeares revenue, that their families be not ruined, and they put upon desperate attempts against the peace of the Nation to preserve themselves.

These things propounded are no more then what we conceived, should have been tho­roughly done long since, being as to the principall of them but this substance and equitable sense of the former declarations, Remonstrances? and representations, and therefore though our restlesse desires of the peoples good, and of the welfare of the Ar­my, have constrained us thus publiquely to state our case, and the remedie according to the best improvement of the small Tallent of understanding that God hath given freely to us. Yet let not the matter be prejudged because of the unworthy Authors, nei­ther let it be thought presumption. It may be remembred that the Fathers danger made a dumb child to speake, and the Armys yea all the peoples dangers and miseryes have wrested open our mouthes, who had otherwise been silent in this kinde to the grave, and let it not be thought that we intend the division of the Army, we professe we are deeply sensible and desire all our fellow soldiers to consider it.

In case the union of the Army should be broken, (which the enemie waite for,) ruine and destruction will breake in upon us like a roaring sea, but we are much confident that the adhearing to those desires and to that speedy way of attaining our just ends for which we first ingaged, cannot be interpreted to be a desire of division, but the strong­est vigorous endeavours after union, and though many whom we did bettust have been guilty of most sapine negligence, yet we expect that the same instruction of judgement and conscience, that we have all professed, did command us forth at first for the peoples Freedome will be againe so effectuall, that all will unannimusly concurre with us so that a demand of the peoples and Armyes rights shall be made by the whole Army as by one man, that then all the enemies to, or obstructors of the happy settlement of com­mon right, peace and freedome, may heare of our union and resolution, and their hands may be weake, and their hearts may fayle them, and so this Army that God hath cloath­ed with honour in subduing the common enemie, may yet be more honourable in the peoples eyes, when they shall be called the Repayters of their breaches, and the restor­ers of their peace, right, and freedome.

And this is the prayer, and shall alwayes be the earnest endeavours of.

The Armie and all the peoples most faithfull servants.
  • Lievt. Gen.
    • Robert Everard.
    • George Sadler.
  • Com. Gen.
    • George Garret.
    • Thomas Beverly.
  • Col Fleetwood.
    • William Priar.
    • William Bryan.
  • Col. Whalyes.
    • Matthew Wealy.
    • William Russell.
    • Richard Seale.
  • C. Riches.
    • Iohn Dober.
    • William Hudson.
    • Agitators.
FINIS.

A Copy of a letter from the Agents of the aforesaid five Regiments of Horse, unto His Excellencie, Sir Thomas Fairfax.

May it please your Excellencie,

FRom the deep sense of out duty to God, to our native Country, to your Excellency, to this armie, and to our selves, & to posterities to come, we find such obli­gations upon our consciences, written naturally by the finger of God in our hearts, that we cannot behold the honour of God to be impaired, the workes of his hands the land of our Nativity, your Excellency, this army, our selves, or posterities, ready to be swallowed and devoured up in confusion, thraldome and ruine, and to sit still, and not arise in the strength of his might, to contribute our best endeavours for the prevention thereof; for, God hath given no man a talent to be wrapt up in a Napkin and not improved, but the meanest vassell in the eye of the world is equally obleiged and accomptable to God with the grea­test Prince or Commander under the Sun, in and for the use of that talent betrusted unto him: and therefore we presume that your Excellencie (who does acknowledge your selfe a creature of, and servant to the same God) will not thinke it strange, or judge us disobedient or refractoy, that we should, as we have presumed, to state the case of the army, how declined from its first principles of safety, what mischiefes are threatned thereby, and what remedies are sutable for prevention, which herewith we doe humbly present and offer unto your Excellencie; for, Sir should you, yea, should the whole Parliament or Kingdome exempt us from this service, or should command our silence and forbearance, yet could not they nor you discharge us of our duties to God, or to our own na­tures, [Page 22]for we must be accomptable, and judgement will come for the deeds done in our flesh, whether good or evill; and he that hath not improved and put forth his talent to use, shall be bound hand and foot, and cast into the lake of eternall vengeance: So that we are bold from our sense of your Excellencies piety honesty and up­rightnesse to God and to your Country, that in this our discharge of our duties to both, we shall not ineurre your displeasure or dis­countenance, but that you will freely commit us and the issue of our endeavours to God, and if it be of him it will stand, and from our consciences we attest, and protest in the presence of his all see­ing diety, as we desire safety in this life, or in that which is to come, we have no other then cordiall and fathfull intents and resolutions to the undoubted safety and weale of our native country, to Par­liaments your Excellency, & this army in this businesse represented in these inclosed papers, & we do utterly abhor & renounce al secret or private designs or interest under the same, together with all that is contrary to the plain and vulgar sense, expressed in the premises therof. And if by any one your Excellencie shalbe suborned, that we are transgressors of all order and forme, and in that sense only to looke upon us. We desire to mind your Excellencie, that the law of nature and nations attested in our own publique Declarations and papers may be an answer to such for the just fication of our present expedient, for all formes are but as shadowes and subject to the end, and the safety of the people is above all formes, customes, &c. and the equity of popular safety, is the thing which justifi­eth all formes or the change of formes for the accomplishment thereof; and no formes are lawfull longer then they preserve or accomplish the same. If our duties bind us when we see our neighbours house on fire, to wave all formes, ceremonies or com­plements, and forthwith (not waiting for order or leave) to at­tempt the quenching thereof without further scruple, as thereunto called of God, we say if we be so oblieged and called in the case of a particular, then much more are we obleiged and called, when we behold the Great Mantion house of this Common wealth, and of this Armie (wherein all the families of the Nation are contained) on fire, all ready to be devoured with slavery, confusion and ruine, and [Page 23]their nationall native freedome (the price of their treasure and blood) wrested out of their hands, as at this present appeareth to our best understandings: And therefore in this exigencie and straight of extremity, we from the very dictates of Divinity, Nature and Reason ingraven in our hearts could not otherwise chuse (with quiet and peace to our consciences, (which no mortall man can take from us or suppresse the overpouring motives thereof) but consi­der with our selves, what we should doe to award those threatnning mischiefes from this nation and army & to that end we find nothing more effectuall then to knit our selves together with this fixed re­solution, to part with our lives and all that is neare and deare unto us, before we part with our freedomes; and in relation thereunto we the Agents to five Regiments of your Horse, have after our weak manner in this our Representatation directed to our respe­ctive Regiments and to the whole Army, discharged our duties; And we presume we haue not erred from the equitable sense of our solemn Engagement, or from the just maximes and matters contained in our Declarations. Remonstrances, &c. from the which we are resolved not to receed. Thus humbly craving your Excellencies favourable construction in our innocent intentions and endeavours, we (as we alwayes have been) cordially remaine.

Your Excellencies, and this Nations faithfull Servants and Soldiers, to stand or fall with you and it, for common Right and Freedome.
  • Lievt. Gen.
    • Edward Trevers.
    • Edmon Bear.
    • [Page 24] Edward Trevers.
    • Edmon Bear.
  • Com Gen.
    • George Garret.
    • Jeremiah Cole.
  • Col. Fleetwood.
    • William Prior.
    • William Bryan.
    • John Fletcher.
  • Col. Riches.
    • Iohn Dober.
    • William Hudson.
  • Col. Whaleys.
    • Matth. Wealey.
    • William Russell..

Wee appoint Edmond Bear, and William Russell abovesaid, in our names to present this Letter toge­ther with our Representation intituled, The case of the Army, &c. to his Excellency Sir Thomas Fairfax.

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