PRIMS Full-text transcription (HTML)

THE IUSTICE OF THE ARMY Againſt Evill-Doers VINDICATED: BEING A brief Narration of the Court-Martials proceedings againſt

  • TOMSON, and

with the Cauſes and Grounds thereof.

By which the impartiall Reader may plainly judge, how hardly and unchriſtianly theſe men deale with the Army, to call that Ar­bitrary, Tyrannicall, Barbarous Murther, in them; which they could not omit without eminent neglect of their duty, and apparant danger of the moſt deſperate events to the Parliament, Kingdome, and Army, that can be imagined.

He that is firſt in his own cauſe, ſeemeth juſt, but his Neigh­bour cometh and ſearcheth him. Prov. 18.9.

They are all grievous revolters, walking with ſlanders. Jer. 6.28

London, Printed by T. Paine, 1649.

Chriſtian Reader;

I Should not have troubled my ſelf with Writing, nor You with Reading this following Diſcourſe, had it not been for their ſakes, who ignorantly without any malitious intent, ſpeake evill of things they know not: This being a time, wherein this way of Controverting things by printing, is become one of the greateſt vanities; but conſidering how all man­ner of Evill in the World, hath clothed it ſelf with Im­pudence, and more eſpecially that Spirit which rageth at this time in this Kingdom, againſt all perſons, and things that doe not bowe before it; I could not any long­er, finding all other ſilent in this buſineſse, forbeare the vindication of Truth and Iuſtice, againſt the clamors of men, at the juſt and favourable proceedings of the Court-martiall, in the following caſes.

And this I could not have forborn ſo long, had it not been out of tenderneſſe to thoſe things which theſe rayl­ing revilers have pretended to, who have dealt with the Army and their friends, as the moſt barbarous of their Enemies in ſome Gariſons, have done in time of War in detaining ſome perſons, whom they Judged were highly eſteemed of by them, in their Cuſtody, to ſet in places of moſt danger, to hinder them from aſſault­ing, this is the cheifeſt uſe, theſe men have made of the words Iuſtice, Righteouſneſſe, Liberty, and Free­dome, &c to place them, in the Frontiſpice of their lies and ſlanders, that none might kill the latter, with­out wounding the former, and if J have in anything In­terfer'd in this Diſcourſe, againſt thoſe good things; charge it upon my weakneſſe, not upon my will, and the reaſon why I only give you the Relation of theſe three, and not of thoſe other ſince Executed for this laſt muti­ny, is:

Firſt, becauſe the miſrepreſenting of the Armies pro­ceedings againſt theſe firſt, have been made uſe of to fit the Soldiers for, and to ſtirre them up unto this laſt.

Secondly, becauſe I expect it will be done by ſome o­ther hand, more able then my ſelfe, to obſerve and relate it.

Thirdly, becauſe I have not mett with any ſuch cla­mors and miſrepreſentations of the latter, as againſt the former, which if I ſhould, I might well forbeare anſwer­ing, there having been ſome perſons of Eminent inte­grity and ability, inſnared in the buſineſſe, whom God hath made fully ſenſible of their evill therein, and will therefore bee moſt fitt and able, to give a repreſentation thereof; I referre thee to what followes, and ſhall reſt thine, in the cauſe of Truth and Juſtice,

R. L.

The Juſtice of the Army againſt evill doers vindicated.

HOw tender the ruling part of the Army hath been in taking away life by Martiall-law: Is ſo notorious, it needeth not my teſtimony; there being not execu­ted to my beſt remembrance, above five or ſix, ſince the Generall had his Commisſion, beſides theſe Mu­tineers.

And for the firſt of theſe, viz. Arnoll, who was ſhot to death at the Randevouze neer Hartford, I ſhall referr you to the Nar­ration of Captain Bray, delivered in writing to the Generall, and Councell, and ſubſcribed by him, he being then an Officer of the ſame Regiment, and an Eye-witnes of all their miſcarriages and out-rages; the ſubſtance whereof is, as followeth.


THis Relation of Gaptain Bray I rather chuſe to make uſe of, then any of the other teſtimony, becauſe from him may be expected a more favourable relation then from any other, him­ſelfe being very much ſuſpected to be an a better, or at leaſt a fa­vourer of the Mutiny: theſe things following being teſtified up­on oath by Henry Lilburne, John Topping, William Dod, Rowland Stewart, William Hallowes, James Hart, Ethelburt Morgan, and Gabriel Erwood. Moſt of whom were then conſiderable Officers in the ſame Regiment.

That at a Court of Warre held at Richmond, after the Gene­rall had ordered the Regiment to march to Newcaſtle, he ſaid that it was not fit for the Regiment to march thither, but to ſtay neere London, untill the Parliament had confirmed the propo­ſals of the Army, and the freedome of the people.

And that when the Regiment did march, the Colonels Com­pany mutinying at St. Albanes, Captaine Bray did ſay that it were better for the Regiment to march back, then to goe for­ward, and that if the Colonels Company would march back, he would march in the head of them.

And when the Company did return back in a mutiny, he did march back in the head of them, and iſſued out Warrants under his own hand to the Countrey, to bring in Horſes to draw the Waggons back, when they ſhould have marched forward.

And the ſaid Captaine Bray in the height of the mutiny at Dunſtable, did ſpeake to this purpoſe, That the Parliament were our profeſt enemies, and that there was no viſible Authority in the Kingdome but the Generall; and that the Generall was not infallible: His Lieutenant Colonell deſiring to know of him, whether he would goe to the head of his Company, and acquaint them, what orders he had received from the Generall, he anſwe­red, I ſhall not: and gave it as his opinion, That the way to get the Regiment to march, was to ſend a faire letter to the Agents of the five Regiments of Horſe, and to get an Order from them.

Notwithſtanding theſe things, with much more of the ſame na­ture, was proved againſt him, yet he pretending he ſtayed with them, only to prevent the influence of others upon them, as in his foregoing Narrative, the Court Martiall was willing to take the beſt ſenſe of him they could, & did not proceed againſt him upon5 this charge, which they would hardly have done, if they had been ſo much inclined to arbitrary tyranny, as himſelfe and o­thers have endeavoured to repreſent them.

For if the circumſtances of this mutiny be impartially conſide­red, what a diſtemper it wrought in the whole Army, neceſsita­ting a generall Randevouz to ſatisfie the Souldiers, &c.

What opportunities it gave to evill minded men to put both Army and Kingdome into a flame. Nay, how induſtrious and active the Cavaliers agents were on the one hand, and our diſ­contented friends on the other (who have alwayes pretended better things then their deſperate & bloody endeavours at that time, and often ſince doe demonſtrate they intend) there is not any man that ever knew in the leaſt meaſure, what belonged to the government and diſcipline of an Army, or of any other well governed Society, but will rather wonder, that every tenth man of them did not ſuffer, then think ſuch a ſtorm could be al­layed with the executing of one man, though they ſhould un­derſtand no more of the Story, then what hath been related by Captain Bray.

Who in his Narrative takes no notice of their inſolent barba­rous carriage towards their Officers and the Countrey, which was ſo horribly wicked and barbarous, that all the Felons which have ſuffered at Tyburn theſe twelve moneths, are not really guilty of ſo many horrid outrages, as they were in that time to­ward the Countrey and their Officers, the particulars thereof are too tedious to relate. Not any of their Officers except Captaine Bray, the Quarter-maſter, and one more, as I remember, durſt come neare them, ſome of them being purſued many miles by their owne Souldiers, who ſwore as they purſued them, they would be revenged on them, and did violently take away di­vers Horſes in the Countrey in this purſuit of their Officers, pre­tending their Officers were run away with their money, when they were forced to run to ſave their lives, there being one Lieu­tenant dangerouſly wounded by them. And at that time when this man, viz. Arnoll, was executed, there were divers other Of­ficers could not be heard of, and the reſt did feare, that they were murthered and made away by their Souldiers.

And they did not exerciſe their rage and cruelty towards ſuch6 in the Countrey, as were enemies to the cauſe, they were raiſed for, and paid to maintain, but on the contrary where ever they came in their march, inquired if there were any Round-heads in that Towne, and againſt them did they exerciſe their cruelty. Some honeſt men at St. Albanes, &c. informed me, that they were never ſo uſed by the Cavaliers as they uſed them, and did affirme, that if Captain Bray and the Quarter-maſter had not been with them, who had a little influence upon them, they had been certainly plundred, if not murthered; many of whom have been, and ſtill are, as faithfull to the intereſt of the people, as the higheſt clamourer againſt this piece of neceſsitated juſtice.

In this inſolent diſtemper did they march to the Randevouz, where they were drawn up by their Captaine Lieutenant Bray, and there ſtood with white papers in their Hats, as if they had been going to ingage with an enemy. When the Generall had viewed the reſt of the Army, he came to them, attended with his Officers, who commanded them to pull their papers out of their Hats, but they refuſed. Whereupon ſome Officers rode in among them, and plucked out the papers of ſome that were moſt inſolent, and then the reſt began to ſubmit.

By this time ſome of their own ſcattered Officers were gotten up to the Randevouz, of whom the Generall and Officers enqui­red, who among them had been the principall Leaders and actors in this mutiny, and commanded them as they could eſpy them, to ſingle them out, and accordingly they drew out as I remem­ber, eight or nine. A Court-martiall being called in the place, they were all found notoriouſly guilty of particular facts in this buſineſſe, and were there adjudged by the Lawes and Ordinan­ces of warre to dye; and accordingly ſentence of death was pro­nounced upon them, and afterward referred to a Lot, all par­doned but one, on whom the Lot ſhould fall, which was this Arnoll, who was preſently ſhot to death in the place. And I well remember ſome of the Officers of that Regiment, did much rejoyce in the juſt hand of God, directing the Lot upon that man, whom they had obſerved to be more notoriouſly guilty then any other in this buſineſſe. The Lot is caſt into the lap, but the whole dispoſing thereof iof the Lord, Pro. 16.33.

The next perſon for whom the Army hath been clamoured a­gainſt,7 for their procedings with, is William Thomſon, a Corporal in Captain Pichforts Troop, in Colonell Whaleys Regiment, who was queſtioned at a Court-martiall in the Regiment, for drun­kenneſſe, gaming, and quarrelling, The ſtory followeth: The ſaid Thomſon being at a Tavern in Colebrooke, after ſome time ſpent in drinking & carouſing, he fell into play for money; finding himſelf in danger to loſe, he began to quarrell with the man he played with, who perceiving his deſigne, took the ſtakes into his hand: Upon which Mr. Thomſon laid violent hands upon the Gentle­man, tore him by the haire, and by force poſſeſt himſelfe of the ſtakes. In the mean while the Gentlewoman of the Houſe being putting her husband to bed, hearing a great noiſe of quarrelling below, came running down among them, and endeavoured to part them: upon which Thomſon threw her down, kickt her on the face, and moſt groſly beat and abuſed the ſervants for ſtri­ving to part them. And he being not able to have his will on them himſelfe, goeth away, and not long after returned againe with ſome other of his companions, and in the dead time of the night forced into the houſe with his drawne ſword, wounded three or foure of the ſervants, laid felony to the charge of the Miſtreſſe of the Houſe, and two others, for robbing him of 20. l. of gold and ſilver, tooke one man away priſoner, viz. William Mouſe, threatning him to tye him neck and heels together, if he would not confeſſe his money; notwithſtanding by his owne confeſsion afterwards he loſt none. All which is teſtified at large againſt him by Mr. Miles of Colebrook and his wife, Thomas Win­all, and George Weare, and moſt of it confeſt by himſelfe.

Upon debate of the premiſes, he was adjudged by the Coun­cell of warre, to be caſhiered at the head of the Regiment the next Randevouz: which ſentence he would not ſubmit unto, but endeavoured to get the Souldiers of the Regiment to ſtand by him in this quarrell: from which irregular mutinous carriages proceeded that which followeth.

Upon the 28. of October, the Regiment had a Randevouz up­on Odiam Heath in the County of Surrey, the ſaid Thomſon ſtill abiding with the Regiment, notwithſtanding hee was caſhiered ſix weekes before, and had received ſeverall orders to depart the Quarters.

8The Major of the Regiment did there endevour according to the judgement of the Court, actually to caſhiere him at the head of the Regiment, which he in a peremptory mutinous manner re­fuſed to ſubmit unto. Upon which there was a new charge exhi­bited againſt him, conſiſting of ſeverall Articles, the heads where­of are as followeth.

Firſt, that the ſaid Thomſon at or about the tenth of Septem­ber, 1647. did aſſume the title of a Souldier in the Army, under the command of his Excellency Sir Thomas Fairfax, and came to the Regiment of Colonell Fleetwood, being at a Randevouz, and there ſpake to and in the hearing of all the Souldiers, ſeverall ſeditious and mutinous words, and delivered ſeverall ſeditious pa­pers, ſome written, others printed.

Secondly, he endeavoured to make mutiny in the ſaid Regi­ment, by pretending he had brought a letter from the Agents of 15. Regiments, and ſaid he came to the Souldiers, and not to the Officers, affirming there were accuſations againſt the Officers of the Army, labouring thereby to make a diviſion betweene the Officers and the Souldiers, preſsing the Souldiers to ſubſcribe his papers. All which were proved upon oath by Captain Griffith Loyd, Captain Gilmond Taylor, and Thomas Scot Trooper, all in Col Fleetwoods Regiment.

Thirdly, that upon the 20. of October he endeavoured to make a mutiny in Colonell Whallies Regiment, as followeth, The ſaid Thomſon being adjudged by a Court-Martiall to be caſhiered at the head of the Regiment, Major Swallow, the Major of that Re­giment, required him to diſmount at the head of the Reigment; but the ſaid Thomſon refuſed, charging the Regiments Councell of injuſtice, and appealed to the Souldiers of the Regiment for juſtice, pretending it was againſt their ingagement, to ſuffer any Souldier to bee caſhiered without ſatisfaction, with many more words to this purpoſe. All which is proved againſt him by the depoſitions of Colonell Whalley, Major Swallow, Captain E­vanſon, Captain Dale, Corner Steward, and Anthony Law: All which mutinous carriages, words and actions, comes within the letter, and equitable ſenſe of the eighth Article of duties towards Superiors and Commanders; None ſhall utter any words of ſe­dition, uproare or mutiny, upon pain of death.

9Fourthly, the ſaid Thomſon, after he was caſhiered and diſcharged the Regiment by his Major and Captain, did ſtill continue in the Quarters of the ſaid Troop for above the ſpace of ten dayes. In all which time hee was not inrolled in any Troop, or Company: All which is proved againſt him by Capt. Floyd, Capt. Taylor, Capt. Pich­fort, Benjamin Yates, and Thomas Scot, which brings him within the eleventh Article of Duties in the Camp and Garriſon.

No man that carrieth Arms, and pretends to be a Souldier, ſhall re­main three dayes in the Army, and not be inrolled in ſome Company, upon pain of death.

This charge being thus proved againſt him, he was apprehended & brought priſoner to Winſor; from whence contrary to his ingagement to the Matiall generall, he made his eſcape, and was afterward again apprehended at Weſtminſter, and ſent priſoner to White-Hall, and ad­judged guilty of his charge by a Court-Martiall, & had the ſentence of death pronounced againſt him according to Law. After which the Generall inclined to mercy towards him, and reprieved him from pre­ſent execution, but continued him in priſon. But the Army being marched from London, and he left at White-Hall in the charge of a Martials man, did there make his eſcape the ſecond time. Since which time he gathered together a company of men in Armes, whom hee quartered upon the Countrey, calling them his Troop, and they him Captain; with whom hee marched to a Gentlemans houſe in Eſſex, who had a ſuit depending in Law with another about a Title in land, whom he by force & violence diſpoſſeſt, taking his Tenants and Ser­vants priſoners, driving them before him in miery way in the night, pricking them on with his ſwords point in a moſt barbarous and cru­ell manner. For which he was brought priſoner to White-Hall, ſent by the Court-Martiall to the civill Magiſtrate, who tooke Bayle for his appearance at the Aſsizes. He no ſooner had his liberty, but with­out cauſe or provocation, ſtabd one Mr. Hayden with a Dagger, of which wounds he is ſince dead. And within a few dayes after, he was again taken on the Road, with a party of other men, whom he had deluded into his evill courſes; and had found about him a great black Periwig, and a falſe Beard, which they brought back againe with him to White Hall. From whence he was ſent in ſafe cuſtody a­gain to the civill Magiſtrate, bailed by Lieut. Coll. Lilburne out of priſon. And what his actions & end hath been ſince, is ſo notorious, I ſhall not trouble you with the relation of it here. The righteouſnes of the perfect ſhall direct his way, but the wicked ſhall fall by his owne wickednes, Pro. 11.5.

10The third perſon of this number that hath been proceeded againſt for mutiny, and for whom ſo many are offended, is Robert Lockyer, a man unknown to me untill the time of his impriſonment: ſince which time I have inquired of him, and have heard a very ill report from the mouthes of ſuch, who ſpake it with no delight, and yet had cauſe and opportunity to inquire into, and obſerve his demeanour: but there being a relation of the proceedings of the buſineſſe againſt him, with the cauſe thereof, already printed, I ſhall not trouble you with any thing of that again; only I muſt obſerve to you his unſtable demeanor in the time of his ſuffrings, while he was before the Coun­cell, the witneſſes giving their teſtimonies againſt him viva voce, he could not deny any thing of that which was laid to his charge, but did endeavour to evade it, with ſuch criticall croſſe interrogatories to the witneſſes, as diſcovered more of wit and ſubtilty, then of god­lineſſe or integrity in him.

The next morning after he was ſentenced, he ſeemed to be very ſenſible of his miſcarriage, and ſorry for his fault, and did deſire dire­ctions, what ſhould be the beſt way for him to make his mind known to the Generall, &c. And there being then a Petition drawn, which the other five that were to caſt lots, had ſubſcribed, he deſired to ſet his hand to it, and joyn with them in it; he was adviſed to be care­full what he did, and was told, that it was not a time to diſſemble neither with God nor Man, and that the words of the petition which he deſired to ſubſcribe, and his former diſcourſe, did not agree. Up­on which, having heard the petition read ſeverall times to him, he ſet his hand to it, in which he hath theſe expreſsions, That the Gene­rall would be pleaſed, out of his wonted clemency and goodneſſe, to paſſe by that unwiſe and unlawful action of theirs, and give them their lives for a prey; and we do vow and proteſt before the Almighty God, that we are heartily ſorry for our faults, and doe promiſe, as in his all-ſeeing eye, never to doe the like action again, nor ſuffer it to be done, if we can hinder it with our lives.

Then within a few houres after, there being a warrant ſigned for his execution, he changed his mind again, as if he had not been the ſame man, and began to ſpeak evill of his Judges, and the Law by which he was judged, &c. and to juſtifie himſelf as an innocent ſuffe­rer in a good cauſe, &c. and ſo continued untill he died.

Now that which I ſhould deſire the Reader to obſerve in this brief narrative of theſe three mens faults and puniſhments, is this: Firſt, what ground there is for theſe great clamours againſt the Army, for11 murther, and barbarous illegall proceeding? &c. Have they not all had faire and legall trials, by that authority, which they voluntarily placed themſelves under, and ſubmitted to, and that with ſo much le­nity and tenderneſſe, as the moſt able of thoſe, who have taken Sa­tans work out of his hand, to be the accuſers of their brethren, are not able to produce one preſident of the like. Had the ſame faults been committed by ſuch numbers, tending to ſuch an apparant hazard of publick ruine in any Army, that ever was in Chriſtendome before this, the ſuffering of every tenth man would hardly have excu­ſed them; and yet here was but one man of one thouſand in the firſt, and one out of three or fourſcore in the laſt; and the other, though notoriouſly guilty, yet ſpared: and yet here muſt be murther and barbarouneſſe and tyranny, laid to the charge of thoſe, who de­ſired nothing leſſe then their deaths, if they could have anſwered their duty to God and Man, in ſparing them their lives. Then ſtood up Phineas and executed judgement, and ſo the plague was ſtayed, and that was accounted unto him for righteouſneſſe unto all generations, Pſalm 106.30.

The ſecond thing I deſire may be minded in the narration is, what ground the great pretenders of Englands liberties can have to think, their good cauſe is either, intereſted in, or prejudiced by, the puniſh­ment of theſe evill actions, unleſſe that which was puniſhed in theſe men, be the liberty they ſo much contend for, which muſt needs be a liberty in particulars to the prejudice of the generall.

And for Mr. Lockyer, whom they are pleaſed to canonize a Martyr ſince his death, there is leſſe to be ſaid for him upon that conſidera­tion, then for either of the other two: for he and thoſe which mu­tined with him, did not ſo much as pretend common right and free­dome, nor had the leaſt colour of any one grievance lay upon them, except their not having their pay before it was either received by their Officers for them, or due unto them, which is a new grievance never heard on before in an Army. And this is acknowledged by the Author of the ſecond book intituled, The Armies Martyr, page 6. as followeth, Many perſons that formerly knew him, came to viſit him, much lamenting his ſad condition, being condemned for nothing, but for asking his pay, and indeed that was the thing which moſt troubled him, that ſo ſmall a thing as contending for his pay, ſhould give his enemies occaſion to take away his life, which as he often ſaid, had it been for the fredome and liberties of this Nation, it would have added much to his comfort, &c. For he knew it was malice that prevailed over him, not12 juſtice. I cannot paſſe by theſe words, without obſerving ſomething from them: His friends lamentation over him is, that he ſhould be condemned for nothing but asking his pay, and his own words are, For contending for his pay. But it was for neither of theſe that hee ſuffered, for they are neither of them faults.

A Souldier may lawfully ask his pay of his Officer, and if he deny it, contend with him for it; nay, if he can prove his Officer have de­frauded him, or unjuſtly detained from him one dayes pay, he may have him puniſhed for it, and that with the loſſe of his place, by an expreſſe Article of warre. And I challenge any Souldier of the whole Army, or other, to produce one inſtance, that ever they appealed to the Generall, or Court-Martiall, againſt any Officer, and had not a ſpeedy and legall tryall: and if it were uſefull in this place, I could inſtance in many hundreds of caſes, where the Souldier hath been righted againſt the Officer, and ſuch extraordinary reparations gi­ven, as no Court in England would doe between man and man. Nay, in many caſes where the Souldier hath cauſleſly and wrongfully pro­ſecuted his Officer at a Court-Martiall, and yet hath not had the leaſt reproof from the Court, ſo tender have they been of diſcoura­ging the Souldiers in this particular. But if a Souldier ſhall demand his pay of his Officer before it be due, or when it is due, in a pe­remptory mutinous way, it is puniſhable according to the manner and meaſure of the fact. For it is poſsible, a Souldier may demand his pay in a peremptory inſolent way of his Officer, and yet not de­ſerve much puniſhment: As for inſtance, ten, or twenty, or more, may goe together to their Officer, and demand their pay of him, if it be due; and admit they will not be ſatisfied with a reaſonable an­ſwer, but ſhall there give him provoking, reviling, nay threatning language, no man will ſay this is commendable, but blameable, if not puniſhable; and on the other hand, if no worſe conſequence attend it, then that Officer and his Souldiers falling out, no man will ſay, this deſerves death. Nay further, if Souldiers ſhall demand their pay of their Officers upon a march, or at a Randevouz, or juſt when they are commanded upon ſervice, in the manner aforeſaid, which is worſe then the other, yet if they do not refuſe to march, or doe their duty when commanded, though it come within the Article of warre, it is the more excuſable.

But the caſe of Mr. Lockyer and the reſt of his aſſociates, are much different from all theſe caſes: For firſt, they had no pay due, they having been better paid ſince they came laſt into London, then ever13 they were ſince a Troop, being themſelves before hand with the reſt of the regiment, & the regiment aforehand with moſt of the Army.

And further, they did not only demand their pay in manner afore­ſaid before it was due unto them, but refuſed to march, diſobeyed the commands of their Officers, while they unjuſtly quarrell for their wages before they had earned it, they refuſe to do their work, for which they were paid and did not onely diſobey their Officers commands, but reſiſt them in the doing of their duty, forcibly ſeize upon the Colours, detain them from their Officers when demanded; and this not done in a ſudden hurly-burly, or an heat of blood, but with deliberation, continuing in this poſture neere two dayes and nights, gathered themſelves together into a ſtrong houſe, and there kept it againſt their Officers. When their Colonell and Officers came in love and pitie towards them, perſwading them by reaſon to conſi­der with themſelves, what ſad events muſt follow, if they neceſsita­ted them to uſe extremity; putting them in mind, how comfortably they had ventured their lives together againſt the common enemy, promiſing them all they either did or could deſire, if they would be ruled, and march after the Regiment. But all this would not prevail, Mr. Lockyer with ſome other of their Leaders, furniſhed them with arguments to trample upon, and inſult over clemency. For when their Officers, (I mean their Colonell and Major, and 2 or 3 Cap­tains of the Regiment) had granted them all that they could think to ask, they then told them in plain Engliſh, they had been too long fed with words, they had truſted thē ſo often, that they would truſt them no more. And all the while they thus capitulated with their Officers, they ſtood drawn up in Galleries and Windows with their Swords and Piſtols, as if they had been treating with an enemy, and did not ſubmit, untill the yard was a clearing, to make way for the Horſe and Foot to force them.

Theſe things conſidered, with the circumſtances of time and place, if the Lord had not wonderfully prevented it, by awing the hearts of a diſcontented popular multitude, it might have proved as bloo­dy a day to that great Citie, and more fatall to the Kingdomes intereſt, then ever yet England ſaw, or thought of.

The next thing obſerved out of thoſe words quoted of his, is this, Which as he often ſaid, had it been for the freedome and liberty of this Nation, it would have added much to his comfort.

Truly I cannot blame him, If ye ſuffer for righteouſneſſe ſake, happy are you, but let none of you ſuffer as an evill doer, or a buſie body, &c.

14I hope there was not a man that had a hand in puniſhing him for his miſcarriage, but would rather have ſuffered with him in ſo good a cauſe; but it is cleare out of his own mouth, his conſcience told him, he did not ſuffer for thoſe things: and if not, how come the great pretenders for Englands liberties and freedome, to glory ſo much in his ſuffering? Is it an honour for a man to ſuffer as an evill doer, becauſe he is a good man, or rather the more ſhame? He that knowes the fathers will, and doth it not, ſhall be beaten with many ſtripes. The more able and rationally principled the man was to promote good things, the more he was to be pitied and la­mented, but the leſſe to be gloried in.

But this kind of ſpirit at the latter end of the firſt warre, raged in our froward diſcontented brethren of the Presbytery, they having a jealouſie, though without cauſe, that the ruling part of the Army diſcountenanced men of their judgement and principles meerly for being ſuch, they preſently began to be very inquiſitive into the Ar­mies proceedings againſt offenders. After which the Army could not proceed againſt any Officer for the vileſt offence, that could be com­mitted, were it plundering the Countrey, cheating the State, or his Souldiers, drunkenneſſe, ſwearing, &c. or for being countenancers of ſuch perſons, or things, but preſently they were ſaid to be perſecuting Presbyterians: and ſo now, let Souldiers commit never ſo great of­fences, as Arnoll aforeſaid, and afterward ſtick a paper in his hat with this motto, Souldiers rights, and Englands freedom writ upon it, and that muſt be like a Popes Bull to pardon all their faults.

And ſo for Thomſon, let him drink, and game, and quarrell, to the ſcandall of the Army, beat, fright, wound the countrey people, hale them out of their own houſes captives, like dogs through the dirt in the night, for no other fault but endeavouring to keep the peace of their own houſes. And after all this, pretend to common right and freedome, and then all proceedings againſt him muſt be barbarous and tyrannical, &c. Remember, He that juſtifieth the wicked, and he that cōdemneth the juſt, are both an abomination to the Lord, Pro. 17.15

The third thing I muſt needs take notice of in his own words a­fore quoted, is this, For he knew it was malice that prevailed againſt him, and not juſtice.

How little ground himſelfe or any other had to think ſo, was not hid from themſelves, and I deſire it may be known unto others.

Firſt, as I apprehended, the man was a ſtranger to all his Judges, not one before that time had ever ſeen him, ſo as to remember him,15 if ever they had heard of him: for I obſerved it every time his name was taken notice of in the evidence, the whole Court deſired to ſee which was that man, at leaſt 3 or 4 times over, though he ſtood in their ſight all the time; and all the Officers of the ſaid Regiment, frō the higheſt to the loweſt, were deſired to withdraw at the time of the debate, and came no more there. So in whoſe heart that malice ſhould reſt that overcame him, is left to bee judged. But as it fared with Cain after he had murthered his brother, he thought every man that met him would murther him; ſo doth it with malicious evill-minded men, they think every man that oppoſeth them in their wic­kednes, beare hatred and malice towards them; whereas I am confi­dent, the Lord beares witnes to the conſciences of this mans Judges, that if by ſparing his life, they ſhould have hazarded the ruine of none but themſelves, they would have choſe to have done it with joy, rather then have executed him. But the integrity of the upright ſhall guide them, when the perverſnes of tranſgreſſors ſhall deſtroy them.

Obj. But grant you, the fact was never ſo foul, and the offenders ne­ver ſo guilty of it, yet the way of your proceedings againſt them, is illegall, you trying them by Martiall law in the time of peace, it be­ing contrary to Magna Charta, and the Petition of Right, &c.

Anſ. Truly, for Magna Charta & the Petition of Right, I never read more of them, then what I have ſeen printed by L. Col. Lilburn, &c. in their papers, in which I have obſerved a great deal of oppoſition to Martial Law in times of peace, as in C. Brayes, Thomſons & Lockyers caſe, yet I could never find it any way made good, that thoſe things which were charged againſt Strafford, & others in that point, were for their proceedings againſt Souldiers under their immediate com­mand and conduct, and for ſuch actions as their being ſouldiers, made them more capable of committing, then in another capacity could have been. If ſo, I muſt confeſſe, I could never clear it up to my owne judgement, that thoſe lawes in that particular, doe provide for the peoples weale, but for their woe: thoſe lawes in that caſe, do neither provide for Souldiers rights, nor Englands freedome. As for inſtance, Would the Souldiers account it their right, to be liable to actions at the Common law for every triviall offence, which oftentimes their imployments, as Souldiers, doth neceſſarily put them upon towards countrey-men, would their ſmall pay inable them to attend the te­dious trials at law, oftentimes far diſtant from their quarters and bu­ſineſſe, in chargeable Courts, where they are neceſsitated to plead by counſell? Or would they be willing to be liable to indictments at the Size and Seſsions, and there injoyned attendance for every ſuſpition16 a country-man could have againſt him. For to be ſure, if there were any miſchiefe done by a man in a red coat, with a ſword by his ſide, the next Souldier the hue and cry overtook in that habit, muſt needs be ſuſpected, & there to be triable by twelve of the neighbourhood, where the offence is committed, though himſelf be never ſo much a ſtranger in thoſe parts. And all the knowledget, the Jury could have of him, would be, that he was a Souldier, which would hardly pro­cure him more favour then is allowed to vagrants in ſuch caſes.

Again, would the countrey-man account it his liberty to be liable to the injuries and violence of Souldiers, and have no other remedy againſt them then the common Law? What Baily, or Officer, would undertake the ſerving of a Writ on a Souldier in an Army, for his or­dinary fee? And in caſe ſome would, and the Souldiers ſhould reſiſt, and protect one another, and in a mutinous manner beat or abuſe the Officer, the plaintiffe hath no remedy ſtill, but the common Law. For it would be arbitrary tyranny in an Officer to exerciſe any power over the Souldier in times of peace, ſo much as to rebuke or puniſh him for neglect or diſobedience: and what an Officer would ſignifie in an Army, or an Army in Kingdome thus diſciplined and governed, I deſire the prudent to conſider; and what a multitude of ſuch inconveniences, attended with many unſupportable evils and burthens, both to the Souldier and Countrey, may be enumerated, I leave to your conſideration.

2. Obj. But if it be granted, that there is a neceſsity of Martial Law in an Army, yet why ſhould it be ſo arbitrary and ſharp? why are not puiſhments more proportionable to offences?

Anſ. I could heartily with this objection might be anſwered by amending & cor­recting what is amiſſe in that kind, which hath often been deſired and propounded to be done by the ruling part of the Army; only want of opportunity hath preven­ted it, yet I muſt ſay this in anſwer unto it, That if any Souldier in the Army, or other can produce one preſident, where the letter, or rigor of the Article hath been made uſe of againſt one man, when the equitable ſenſe and juſt & favourableſt mea­ning of the Article hath not been included in the fact, there will be ſome ground for this objection to be made a preſent gievance; but I am confident of the contrary.

And further, if any man will beſtow the reading of them over, which he may doe in an houres time, he ſhal ſee, that the ſharpneſſe of the Articlesn wholly in the be­halfe of the freedom and liberty of the people, and againſt the oppreſſions, violences and outrages of the Souldiers, which is the moſt comfortable and choyce freedome, that people can enjoy in time of war, or where an Army lies in time of peace.

Ye have wearied the Lord with your words, yet ye ſay, Wherein have we wearied him, when ye ſay, every one that doth evill is good in the ſight of the Lord, and be de­lighteth in them, or where is the God of judgement? Mal. 2.17

The Lord is known by the judgements, which he executeth, the wicked is ſnared with the work of his own hands. Pſal. 9.16.


About this transcription

TextThe justice of the Army against evill-doers vindicated: being a brief narration of the court-martials proceedings against Arnold, Tomson, and Lockyer, with the causes and grounds thereof. By which the impartiall reader may plainly judge, how hardly and unchristianly these men deale with the Army, to call that arbitrary, tyrannicall, barbarous murther, in them; which they could not omit without eminent neglect of their duty, and apparant danger of the most desperate events to the Parliament, kingdome, and Army, that can be imagined.
AuthorR. L..
Extent Approx. 47 KB of XML-encoded text transcribed from 11 1-bit group-IV TIFF page images.
SeriesEarly English books online.
Additional notes

(EEBO-TCP ; phase 2, no. A88765)

Transcribed from: (Early English Books Online ; image set 165162)

Images scanned from microfilm: (Thomason Tracts ; 86:E558[14])

About the source text

Bibliographic informationThe justice of the Army against evill-doers vindicated: being a brief narration of the court-martials proceedings against Arnold, Tomson, and Lockyer, with the causes and grounds thereof. By which the impartiall reader may plainly judge, how hardly and unchristianly these men deale with the Army, to call that arbitrary, tyrannicall, barbarous murther, in them; which they could not omit without eminent neglect of their duty, and apparant danger of the most desperate events to the Parliament, kingdome, and Army, that can be imagined. R. L., Lawrence, Richard, d. 1684, attributed name.. [4], 16 p. Printed by T. Paine,London :1649.. (Preface signed: R.L., i.e. Richard Lawrence?.) (Annotation on Thomason copy: "June 5".) (Reproduction of the original in the British Library.)
  • Thompson, William, d. 1649.
  • Lockier, Robert, d. 1649.
  • Arnold, -- Soldier in the Parliamentary army.
  • England and Wales. -- Army -- History -- 17th century.
  • Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800.

Editorial statement

About the encoding

Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.

Editorial principles

EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database ( The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.

EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (

The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.

Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.

Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.

Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.

The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.

Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).

Keying and markup guidelines are available at the Text Creation Partnership web site.

Publication information

  • Text Creation Partnership,
ImprintAnn Arbor, MI ; Oxford (UK) : 2011-04 (EEBO-TCP Phase 2).
  • DLPS A88765
  • STC Wing L55
  • STC Thomason E558_14
  • STC ESTC R204520
  • EEBO-CITATION 99864007
  • PROQUEST 99864007
  • VID 165162

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.