might right himself upon them, when he should be in power, they thought it best to strike the first blow, and begin the quarrel, in hope to make such sure work of it, that he should never strike the second. But, to say truth, the war was not preventive neither, on the houses part, but a design that had been plotted long before, and was made ripe for execution, when there was neither ground or colour to possess the people with the fancy, That the King intended force against them. For what purpose else did Sir Arthur Haslerigge and Mr. Pym sojourn two years together with Mr. Knightly, so near the habitation of the good Lord Say? To what end held the correspondence with the discontented party in that country, and took such pains in canvassing for knights and burgesses (when this present parliament was called) in most counties, &c.? Or to what end and purpose had the zealous citizens so used themselves unto their weapons, frequented the artillery-garden, and stored themselves with arms in so large a measure, but that they were resolved to be in readiness, when the time should come? This, if it were not a design, must be done by prophecy, not in the way of a pre

vention.

29. Q. But to the other point you spoke of, touching the purpose, which you say, they had to destroy the King; can you make any proof of that?

A. I have already told you, from the mouths of our greatest lawyers, that all rebellions aim at no other end, than the destruction of the King, and the change of government; and that this end was aimed at, more especially in this particular rebellion. I shall tell you now, you cannot chuse but call to mind, with what heat and violence, multitudes of the rascally people, as they flocked towards Westminster, clamoured against his sacred majesty, even at Whitehall Gates; and how seditiously they expressed the secrets of their traiterous hearts: Some saying openly, as they passed along, That the King was the traitor; some, That the young prince would govern better; and others, of a more transcendent wickedness, That the King was not fit to live. Next look upon these very men, for, out of them, the body of their army was, at first compounded, trained to the wars, well-armed, and marching furiously to find out the King, against whose sacred person, and most precious life, they had before expressed such a dangerous malice. Then add to this, that, when they came unto Edge-Hill, they bent their cannon more especially, and spent the hottest part of their shot and fury, towards that part of the battle, in which, according unto that advertisement, which the villain Blague had given their general, a man as full of discontent and malice, as the worst amongst them, the King in person and the two young princes meant to be. Put this together, and compare it with some subsequent passages, which have been desperately vented in the house of commons, touching the deposition of the King, without check or censure; and the inviting of a foreign nation, to invade this kingdom, the better to effect their business; and tell me, if you can, what is aimed at else, than the destruction of the King, and his royal issue?

30. Q. I must confess, you put me to it, but I must take some time to consider of it, before I tell you what I think. In the mean season, I have one more doubt to propose unto you, which if you can remove, I am

wholly yours. The name of parliament is sacred to me, and I am loth to scruple any of those actions, which receive countenance and authority from that awful body, Can you make proof, that the party, which remains at Westminster, have not the full authority of the two houses of parliament? If you could make that clear, then the work were done.

A. I dare not take that task upon me, it is too invidious: But I shall offer these few things to your consideration: First, It should seriously be considered, Whether the King, whose presence, as the head of that awful body, gives life and motion to the acts and results thereof, do purposely absent himself to make their consultations frustrate, and their meeting fruitless; or that he hath been driven from them, by force and violence? Secondly, Whether such considerable numbers of the lords and commons, as are now absent from the houses, have left the houses and the service, for no other reason than for compliance with the King, and to serve his ends, in hope of getting honours and preferments by him, or on the motion made by the rascally multi, tude, to have the names of these given up, who voted not with Say and Pym, and other the good members of both houses? Thirdly, What mischief would ensue both to the church of Christ, and the states of Christ. endom, if, when the greater and sounder part of parliaments and general councils, shall be driven away, either by the threats and practices of the lesser, and the worse affected; the less and the worse affected part may have the reputation of the whole body, and their actions counte nanced by the name thereof? Fourthly, Whether it be not one of the greatest prejudices, which the protestants have against the council of Trent, that it was held in an unsafe place, which they could not come to, without danger; and that the prelates, there assembled, were so prelimited by the pope's instructions, or awed with an Italian guard, which was set upon them, under pretence of safety to their persons from affronts and injuries, that they had neither freedom to debate the points which were there propounded, nor liberty of suffrage to determine of them? Fifthly, Whether, the King calling the expulsed party of the lords and commons, to some other place, and summoning all the rest also, to assemble there, may, not with greater reason, take unto themselves the name, the power, and reputation of a parliament, than the remaining party now at Westminster, consisting seldom of above an hundred commons, and sometimes not above three lords, have challenged and usurped the name of the two houses? Sixthly, and lastly,

31. Q. Hold, I must interrupt you there. The King, by writ, appoints his parliament to be held at Westminster; and, by a subsequent act, or statute, hath so bound himself, that he can neither dissolve nor adjourn it, without their consent; How can he then remove it to another place, than that which was first appointed?

4. No doubt, but he may do it with as good authority, as the two houses, or either of them, may adjourn to London, which you cannot choose but know hath been often done, since the beginning of this session. For though they sit not there as houses, but by turning either of the houses into a committee of the whole house: Yet this is but an

artifice to elude the writ, and act their business in a place of more advantage. The change is only in the name, but the power the same. Witness those votes and declarations which they have passed and published in the said committees, as binding and effectual to their ends and purposes, as any thing transacted in their several houses. Nor is the place so necessary and essential unto the being of parliament, but that the major part, with the King's consent, may change it, if they think it profitable for the commonwealth. Otherwise, we might say of parliaments, as once Victorinus did of christians, Ergone parietes faciunt Christianum? Is it the place, and not the persons, which do make a par- · liament? Or grant we, that of common course, the houses cannot regularly be adjourned to another place, but the adjournment must be made in the house itself; yet this is but a circumstance, or at most a ceremony, not of the substance of the work. And if that speech of Cæsar carried any weight (as all wise men conceive it doth) Legem necessitati cedere oportere, That even the strictest laws must yield to the necessities and uses of the commonwealth: No question, but so slight a circumstance, as that of place, must needs be thought in the present business, is to give way unto the peace and preservation of this wretched kingdom.

32. Q. These points I shall consider of, as you have advised; only, at present, I shall tell you, that I am very well resolved of the unlawfulness of this war against his Majesty, and think them guilty of rebellion, who either laid the plot thereof, or have since pursued it. Tell me now, for the close of all, what punishment the laws do inflict on those who are convicted of so capital and abhorred a crime?

A. You cannot be so ignorant of the laws of England, as not to know, That a convicted rebel is condemned to be hanged, drawn, and quartered, his belly to be ripped up, and his bowels to be taken out, whilst he is yet living, his head and limbs to be advanced on some eminent places, for a terrible example unto others, his blood attainted, his estate confiscate, his possessions forfeited. The civil laws go somewhat further, and execute them after death in their coats of arms, which are to be defaced and razed, in what place soever they are found: Rebellium arma et insignia delenda sunt, ubicunque inveniuntur, as Bartolus hath it. I end, as I began, with the book of Homilies; • Turn over and read the histories of all nations, look over the chronicles of our own country, call to mind so many rebellions of old time, and some yet fresh in memory; you shall not find that God ever prospered any rebellion against the natural and lawful prince, but, contrariwise, that the rebels were overthrown and slain, and such, as were taken prisoners, dreadfully executed. Consider the great and noble houses of dukes, marquisses, earls, and other lords, whose names you shall read in our chronicles, now clear extinguished and gone, and seek out the causes of the decay, you shall find, that not lack of issue, and heirs male, hath so much wrought that decay, and waste of noble bloods and houses, as hath rebellion.'

Who can stretch forth his hand against the Lord's anointed, and be guiltless?' Sam. xxvi. 9.

VOL. V.

D d

'My son, fear thou the Lord and the King, and meddle not with: them that are given to change; for their calamity shall rise suddenly, and who knoweth the ruin of them both?' Prov. xxiv. 21, 22.

ARTICLES AND ORDINANCES OF WAR,

FOR THE PRESENT EXPEDITION

OF THE

ARMY OF THE KINGDOM OF SCOTLAND.

By the Committee of Estates, and his Excellency, the Lord General of the Army.

Edinburgh, printed by Evan Tyler, printer to the King's most excellent majesty, 1642. Quarto, containing sixteen pages.

TH

"HAT no man pretend ignorance, and that every one may know the duty of his place, that he may do it: The articles and ordinances following are to be published at the general rendezvous in every regiment apart, by the majors of the several regiments, and in the presence of all the officers. The same shall afterwards be openly read to every company of horse and foot, and at such times as shall be thought most convenient by the Lord General; and in like manner shall be made known to so many as join themselves to be professed soldiers in the army. For this end, every colonel and captain shall provide one of those books, that he may have it in readiness at all occasions, and every soldier shall solemnly swear the following oath:

I, N. N. promise and swear to be true and faithful in this service, according to the heads sworn by me in the solemn league and covenant of the three kingdoms; To honour and obey my Lord General, and all my superior officers and commanders, and by all means to hinder their dishonour and hurt: To observe carefully all the articles of war and camp discipline; never to leave the defence of this cause, nor fie from my colours so long as I can follow them: To be ready to watching, warding, and working, so far as I have strength: To endure and suffer all distresses, and to fight manfully to the uttermost, as I shall answer to God, and as God shall help me.

I.

Kirk discipline shall be exercised, and the sick cated for in every

regiment, by the particular eldership, or kirk session to be appointed, even as useth to be done in every parish in the time of peace: And that there may be an uniformity throughout the whole army, in all matters ecclesiastical, there shall be a general eldership, or common ecclesiastick judicatory, made up of all the ministers of the camp, and of one elder direct from every particular regiment, who shall also judge of appellations made unto them from the particular sessions or elderships.

II.

For deciding of all questions, debates, and quarrellings that shall arise betwixt captains and their soldiers, or any others of the army, and for the better observing of camp-discipline, two courts of justice, the one. higher, and the other lower, are appointed, wherein all judges are sworn to do justice equally: The higher also to judge of appellations to be made from the lower court. And, if any man shall, by word or gesture, shew his contempt or misregard, or shall fall out in boasting or braving, while courts are sitting, he shall be punished by death. And both these judicatories, as well of the kirk matters, as of war, shall be subject to the general assembly, and committee of estates re spective.

III.

Whosoever shall wilfully or carelesly absent himself from morning and evening prayers, or from preaching before and after noon on the Lord's day, or other extraordinary times appointed for the worship of God, when the sign is given by sound of trumpet or drum, he shall be censured and punished for his neglect or contempt, by penalty, impri sonment, or other punishment, as his fault deserveth.

After the warning given, there shall be no market, nor selling of any commodities whatsoever, till the prayers or preaching be ended, upon the pain of forfeiting the things so sold, and of the imprisoning of the offenders.

IV.

Common and ordinary swearing and cursing, open profaning of the Lord's day, wronging of his ministers, and other acts of that kind, shall not only be punished with loss of pay and imprisonment, but the transgressors shall make their publick repentance in the midst of the congre gation; and, if they will not be reclaimed, they shall, with disgrace, be openly cashiered and discharged, as unworthy of the meanest place in the army.

V.

If any shall speak irreverently against the King's Majesty and his authority, or shall presume to offer violence to his Majesty's person, he shall be punished as a traitor. He that shall speak evil of the cause which we defend, or of the kingdoms, the parliaments, convention of the estates, or their committees in the defence thereof, or shall use any words to the dishonour of the Lord General, he shall be punished with death.