Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	justice_n	sir_n	thomas_n	2,590	5	8.4692	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A97208	A just vindication of the armie wherein all that doubt may have large satisfaction, in relation to their late proceedings. As touching the cause, beginning, continuance, and their end therein. Or, a book entituled, The examination of the late passages of the armie (especially of the grounds laid down for their justification in their declaration, June 14. 1647). / Examined, refuted, by A. Warren.	Warren, Albertus.	1647 (1647)	Wing W952; Thomason E410_18; ESTC R204455	39,961	61

according to Magna Charta Pet. of Right and their own many and frequent Declarations but alas how hath this been perfideously perverted as if there were not the least knowledge or feare of God amongst men and the people under a faire coloured pretence of peace and freedom altogether subjugated to warre vassalage and thraldome 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 refusall of severall legall Petitions precented unto them which notwithstanding the Lawes of the Kingdome and their own Declarations to the contrary were rejected yea and with the greatest infamy and shame that could be consumed with fire in severall 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 Kingdome what their immunites rights and freedoms are and also what of due belongs to thmeselves whilst sitting in Parliament and then shall goe about under the painted shew of breach of priviledge to anticipate and subvert the antient priviledges of the people of England must not the Army who were raised by the Kingdome for their defence as in the strictest bonds of duty and conscience they are obliged once open their lips to crave and begg for the people their proper rights but they must in an infamous manner be tearmed Judges And now Sir I appeale to your selfe if the Army ever went about to determine any causes in the Kingdome except what they did by the Parliaments permission with their Swords against the publike enemy onely they have represented their owne and the peoples 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 peoples liberties powers and rights let the world judge betwixt them and you For that you say the Army can onely 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 lyable 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 zeale to Gods glory and the Kingdome benefit the righteous cause they have in the sincerity of their hearts undertaken in behalfe of the King Parliament and Kingdome Then you proceed thus And when the people of this Kingdome have understood and considered this it is not likely they will leave the setled course of Law and Justice in the knowne Courts of the Kingdome 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 confesse you injure them wherein this Army have taken upon them the place or authority of Judges or hindered the people from following the setled course of Law and Justice in the known Courts of the Kingdome Or that his Excellency Sir Thomas Fairfax at whom you chiefly aime ever intended or offered to judge any thing but what the Parliament have determined already unlesse those things which conduce to the weale of his Army the very terrour of Englands enemies and all other Souldiers in England and Wales which in duty and conscience he is bound to do And whereas you speak of a tumult by which you meane this Army or otherwise you overthrow the rest of your discourse you do the Parliament themselves more wrong and injustice under the specious pretence of a friend in one word then ever the Army did or durst though they could do them in their whole life time nay as much as the Kings party have ever done in expression since the warre began For if the Army be a Tumult they were raised by the Parliament whereby it appeares you make them whom you se strive to defend the Authours of this Tumult Which must needes follow say you if they meaning the Kingdome allow this Army suppose it 14000. men to be Judges now then any 150000. in the Kingdome may judge the Army and a greater number then ad infinitum by which it doth appeare that the Army making themselves Judges in these cases doth overthrow and take away the Ordinance of God and Magistracy then which amongst men I cannot imagine what is a greater impiety Truly Sir I know no greater impiety amongst men tending to publike harme and prejudice then to misapprehend the serene and candid thoughts of others if what preceeds this consequence of yours had been true as appeares it is not then this would have held good for it is a certaine maxime that if 14000. men in a tumultuous way be Judges now then any 150000. men in the Kingdome may judge the Army and a greater number them ad infinitum But your misapplication of this conclusion is the spoyle of it had you but turned this from the Innocent and layd it on the guilty I meane 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 shew in the earth for it or reason given not onely the Army but the whole Kingdome with a company of rude deboist Reformadoes who better know how to raise mutinies sweare damne and domineere and make black pots salute each others crownes then to do their Countrey any true and faithfull service in the field then will I forfeit my judgment utterly for they were such good friends to Magistracy that by their unparalleld barbarous behaviour they forced the Speakers of both Houses and the rest of the honest Members to flye for liberty if not for life and make this Army their chiefe 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 workes 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 Kingdome then might you have safely said that they overthrew both the Ordinance of God and Magistracy then which amongst men I know not a greater impiety And therefore now see if this Army whom you would make the Kingdome believe would be their Judges to make them more odious in the eyes of the soone deceived vulgar had not instead of being Judges stuck firme and intire to the Parliament

me with time enough to examine every thing Now to the first part of your Examination of the Armies Declaration where you affirme That although as particular English-men they may petition or plead for what they thinke makes for the right freedome peace and safety of themselves and the Kingdome yet they cannot doe it as an Army for that relates onely 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 thinke makes for the right freedome peace and safety of themselves and the Kingdome 2. In your second or negative part you affirme they cannot doe it as an Army To which I answer If not as an Army then not at all but their being an Army layeth severall ingagements 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 illegall levyings of moneyes and neither paying them for the uses pretended nor at all accounting for them with divers other galling pressures which constraine the Army as an Army to plead and petition for the Kingdome and themselves 2. The cries and dolefull clamours of many thousands distressed people in severall Counties of this Kingdome abused reviled and rejected by their ill-affected Trustees in Parliament inforceth 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 onely to receive them but make report thereof and give effectuall answers thereunto know no other meanes 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 vassallage their reasonable suit 3. Their very Commission in a double respect doth inforce them as an Army hereunto which might sufficiently satisfie any rationall conscientious man in relation to their late proceedings though no more were said of it Reasons why their Commission warrants them 1. Beecause 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 lawfull Parliament and so to be obeyed whilst they act and order according to the Lawes that made them so and in order to the speciall ends of their being and constitution They received it from the Parliament by and according to Law and so are injoyned by Law to observe the commands and injunctions of the Law therein and to compasse 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 ought 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 mad-men or fooles because some and those eminent wise men and nearely related to us have done so before us The principall part of their Commission I have before rehearsed which is ●or defence of the Kingdome according to the fore-quoted Ordinances whereby it is evident that if the Army by vertue of that Commission are bound to defend the Kingdome which is the utltimate end thereof then are they obliged also to the defence of every particular member in the Kingdome without limitation of time or respect of persons and if the Army may defend the Kingdome against the incroachments and inroads made by the King upon our Liberties and Franchises he being the Superiour Magistrate in the Kingdome whilst guided and biassed by Law then doubtlesse they may as responsibly defend it against the usurpations of the Parliament when their actions run in the corrupt channell of the peoples vassallage ruine And in case the Parliament refuse to give the oppressed protection and deliverance then the Army must and are bound to doe 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 publike concernment is in debate by the Parliament tending directly to the weale 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 ill-affected 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 groane under it and when they petition no redresse can be had then I beseech you what other course or meanes 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 intrusted by the people as they are by the Parliament or the Parliament by the people For the Parliament were no Parliament without the peoples leave nor could they give Commission till first they received one themselves whereby it appeares the Army have their Commissions as certainely and undoubtedly from the people of England as any inferiour Officers in Sir Thomas Fairfax's Army have theirs from the Parliament and the people are as really obliged to stand firme and intire 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 Generall 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 peoples sighings the Army are required if they violate not the trust reposed in them to use their best endeavours to relieve them And this cleares 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 freedome peace and safety of themselves and the Kingdome as they are an Army to wit Because that relates onely to those uses for which it was made limited within it Commission Which Commission as I said before doth as really authorize 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 fighting and powring

it 's past their skill to bring it backe againe 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 thinke 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 fellowes and all other such Officers made since the War in pay were but drawne 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 payed de die in diem from day to day but the Army who have secured these by the frequent distillings of their blood must be content with a twelve moneths pay in two years time and Ordinances must be made for the discharge of their quarters too of purpose to set the Countrey and them together by the ears by making them believe the souldiers must do what is impossible for them to do viz. discharge their quarters when they have scarce money to buy them cloathes to keep them from the cold wind and aire Truly Sir you might rather admire the patience of the Souldiers that they have forborne 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 inrich themselves with the ruines of honester men and fill their coffers with the decayed Countreyes 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 legall way but the old Proverb is verified by this That some had better steale a horse then others stand and looke on There is the high and mighty Sequestrator of Suffolke his name is Base so is his nature and if his head had been sequestred from his body long since it had been better for those parts his owne estate at the beginning of this warre was worth 70. or 80. l. per annum and as much in debt as his estate was worth yet in these few yeares of Englands misery hath he been making his harvest for he hath not onely discharged his debt but proffered to a Gentleman an acquaintance of mine in that Countrey 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 Countrey 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 foote the proportion of the whole body So much for that part of your Examination then you continue thus For what you speake of the Arbitrary Power of a State and of violence oppression particular Parties and Interests if you apply it to the present case to justifie your not obeying the Parliament and otherwise it signifies nothing then 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 speakes not positively of the Parliament or any others that they have done violence oppression injustice c. 2. Whereas the Declaration saith they will vindicate the just power and rights of this Kingdome in Parliament against all arbitrary power violence c. it speaketh not in relation to the Parliament as I said before unlesse your and their consciences informe 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 hee or they bee who have doe or shall for the future practice arbitrarinesse violence oppression c. against the free People of England as the impeached Members have done 3. It is not wisdome in any man or society of men to instance particulars before a generall 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 speake of arbitrary powers violence oppression c. to the present case it signifies nothing and that i● is unjust in the Army that they doe not instance one action of injustice the Parliament have done yet it can be reputed time place and other inconveniences considered no lesse then a point of greatest modesty meeknesse and wisdom in them to forbeare a while 5. Though your misapprehension were granted for a truth which I dare not doe that it was the intent of the Declaration peremptorily and positively to tax the Parliament of arbitrarinesse violence oppression c. 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 arbitrarinesse violence oppression c. hath been conmitted in a more then ordinary measure and with unaccustomed speed though I confesse it is such a point that I had rather deny my selfe 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 Warres served the Parliament and Kingdome faithfully and valiantly not fearing to hang their lives on the points of their swords as at Glocester and both Newbery fights in defence of the just Freedomes and Rights of this Nation and disposing thereof into the hands of some who are no lesse then Delinquents if they had their due and others whose cowardly hearts dare not adventure further then they see the smoke of London Chimneyes and yet are forsooth tied to a Sword in a Militia posture some againe 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 Kingdome the Army once disbanded it being the Head-Quarters and Magazine thereof but they are also intrusted with the safety of the Parliament the grand Court of the Kingdome and those honest conscientious Worthies of London were dismist 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 intire compact Army within it selfe what will they not do to the whole Kingdome Would they not have intrusted Malignants and ill-affected persons with the

the sad relation of these passages they are already so common in each mans mouth I shall onely request you to peruse the Petition of the inslaved Commons of England Iuly 6. 1647. called Englands dolefull lamentation presented to his Excellency Sir Thomas Fairfax and there you may behold acts enough of arbitrarinesse 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 redresse given and the just Lawes of the Kingdome seasonably and duly executed after so many Petitions presented Is it possible that all these and many more acts which I shall forbeare to repeat of arbitrarinesse 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 practice any of the premises contained in the said Petition without speciall favour of some of the great Councell 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 Boyes who know better how to Court Ladies then create Lawes Commission of Array-men men whose estates were but lately and are still for ought 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 affirme for truth that which in my judgement is a grosse 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 doe contrarily affirme that those who have power to make Lawes in England have severall bounds and limits which by no meanes they are to exceed one is this 1. The Freedome and Birth-rights of the people is one main limit for it is not with us as with other Nations we are not under that vassallage and thraledome the Turks or French are if that were our condition then indeed Stat pro ratione voluntas they were as limitles as those States be and may impose what they please upon us and make their cursed wills the peoples cruell Law but praised be God that is not the condition of this Kingdome yet though twice designed to be subjected to slavery within these halfe dozen yeares wee are yet Free-men and not left to the limitlesse 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 peoples knowledge of their owne Liberties is a second great hinderance to this limitlesse power it is not unlikely if the Parliament continue their extraordinary taxes and pressures on the Countrey 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 boundlesse 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 then the sensible computation of the vulgar and this is a great stop and obstruction to that limitlesse 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 therfore binds and limits all Legislative powers in this Kingdom to compose constitute enact Laws expresly according thereunto Therefore these things seriously weighed in the just scales of indifferent judgments do to me clearly prove that there is undoubtedly a restriction of Legislative powers yet I shal freely lay down my own and submit to sounder judgments 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 then 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 then 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 contrarie 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 Countrey oppressed For it is not in the power of the Army to oppress or burden the Countrey though they would do it unlesse the Parliament instate them into it or inforce them to such exigences that they are necessitated thereunto for if they should the whole Kingdome 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 Countrey are opprest the Parliaments or the Armies when they neither bring after seven years sitting Liberty or Freedome to this free-born Nation nothing in the world but their own wils obstructing them or give the Army any lawfull honest or reasonable encouragements to disband but contrarily have used all means tending to the mutinous and dishonourable disbanding thereof as by faire proffers to divide the Officers from their Souldiers the Souldiers from their Officers when that could not take expected effect then to