A SOLEMNE ENGAGEMENT of the Army under the Command of his Excellency Sir THOMAS FAIRFAX; with a Declaration of their Resolutions, as to disbanding; and a briefe Vindication of their principles and intentions in relation to divers scandalous things suggested against them. Together with the representations of the dis-satis­factions of the Army, in relation to the late Resoluti­ons for so sodain disbanding: shewing the particu­lars of their former grievances; wherein they did remaine unsatisfied: and the reasons thereof, unanimously a­greed upon, and subscribed by the Officers and Souldiers of the severall Regiments, at the Randezvouz neare New-Market on fryday and saturday June 4. and 5. Presented to the Generall, and by him to be humbly presented to the PARLIAMENT. With his Excellencies Letter to the Speaker June the 8. sent with the same.

London; Printed for George Whittington, at the Blew Anchor in Cornhill neare the Royall Exchange. 1647.

Mr. SPEAKER:

IN my Last I promised to send you by the next an Account of the proceedings and Resolutions of the Army at the late Ran­dezvouz: I have sent you the same in two Papers unanimously agreed upon there, by both Officers and Souldiers: I finde in one of them divers things which your later proceedings since the Resolution of disbanding may have given satis­faction unto: But the Army having then no knowledge thereof, it was thus passed and delivered to mee, and I cannot but send it to them: you may see what they then did remaine unsatisfied in.

Understanding, that his Majesty and your Commissio­ners were much straitened and disaccommodated in the House at Childerley, I went thither yesterday to advise with your Commissioners about the disposall of his Ma­jesty, for more conveniency to himselfe and them, then that place did afford: The Commissioners were pleased wholly to refuse giving of any advise or opinion at all in the businesse, and therefore the King declaring his Reso­lution not to goe back to Holdenby, unlesse he were for­ced, yet complaining much of the inconveniency he suf­fered where he was, and pressing for a remove to New-Market, and your Commissioners not judging it incon­venient for him to be there: I ordered Col. Whalley this day to attend his Majesty, and the Commissioners thither, [Page 4] with a trusty and sufficient Guard of two Regiments of Horse, which accordingly was this day done, and his Majesty, with the Commissioners, gone to New-Market, but not through Cambridge. This businesse taking up the whole time yesterday, and it being necessary his Majesty should be disposed of: Before the place of Randezvouz could well be resolved on, this morning at a Councell of Warre, it was judged inconvenient, and scarce possible to draw to a Randezvouz to morrow early enough to dis­patch any thing; Therefore it is appointed on Thirsday morning at nine of the Clock: and in regard of his Ma­jesties going to New-Market, it was thought fit by the Councell of Warre, that the place of Randezvouz might be altered from New-Market-Heath to Triploe. Heath, five miles from this Towne: I shall take care that your Commissioners if they come to New-Market, may have notice of this alteration from the former appointment. I remaine

Your most humble servant, T. FAIRFAX.
For the Honorable William Lenthall, Esquire, Speaker of the Honorable House of Commons.

An humble REPRESENTATION Of the Dissatisfactions of the ARMIE, in relation to the late Resolutions for so sudden Disbanding: shewing the particulars of their former grie­vances wherein they did remaine unsatisfied, and the Reasons thereof.
Unanimously agreed upon and subscribed by the Officers and Souldiers of the several Regiments, at the Rendezvouz neer NEW-MARKET, on Friday and Saturday, June 4. & 5.
Presented to the Generall, to be by him humbly represented to the Parliament.

WHereas upon the Report made to the House of COMMONS on Friday May 21. concerning the grievances of the ARMY, That House was pleased to passe severall Votes seeming to tend towards the satisfaction of the Army in some particulars: and on the Tuesday following (May 25.) to passe divers Resolutions upon a Report from the Committee at Derby-house [Page 12] concerning the disbanding of the Foot of this Army each Regiment apart at severall times and places: We hum­bly declare, That the said Votes of Friday do come farre short of satisfaction (as to the said grievances) or to the desires proposed by the Officers in the conclusion of their Narrative. And that the latter Votes of Tuesday importing a resolution to disband the Army in part, before equall sa­tisfaction be given to the whole in the grievances, or so much as any consideration had of some others that are most materiall, and also before any effectuall performances of that satisfaction with the Votes of Friday seemed to pro­mise as to some of the Grievances, we cannot but be much unsatisfied and troubled at it, as in the particulars following it may appear we have cause.

1. The proportion of but Eight weeks Arrears to be paid at disbanding, as it is unreasonably short of what is most due, and what we conceive may be paid, or might easily have been provided, since the Parliament hath so long had the whole Kingdome cleared, all trading and commerce opened, vast summes of money brought in upon Delinquents compositions and otherwise, and great foundations of secu­rity in their hands (besides those formerly engaged for the Scots) And as it is but a mean reward for all our labours, hardships and hazards in the Kingdoms cause, and a very slender supply to carry us to our homes in a condition suta­ble to the Parliaments honour and our successe, and much lesse to enable those that have left good trades or other ways of livelihood, and suffered much in their trades or stocks by so doing, to set up again in their former callings and condi­tions; so it is but little (if any thing) more then what hath been d [...] to us since that time that we first went about to have petitioned for our Arrears, and so not to be accounted in satisfaction towards former Arrears, which the Petition was meant for.

2. In the Orders given for the stating of our Accounts giving Debentures for our Arreares by the Committee of the Army, we find no consideration or regard had of our Arrears incurred in former army or services, which to the most of us are much greater then those under the New-Model intended to be stated by the Committee for the Army, (as the Narrative of the Officers, printed by mi­stake under the name of their Declaration, did intimate before.

3. We cannot but consider, That (whatever the Officers expectances upon Debentures may prove) the private Soul­diers may well make little account of whatever part of his Arrears he receives not before disbanding, as the Reasons expresse in the Narrative do shew. And whereas we hear of some Instructions past in an Ordinance for stating of Arrears, we understand that they direct 3. s. a week to be abated to Foot-souldiers for Quarter, which being 6d. or 8d. per diem above the rate they should have paid for themselves if they had timely had Pay wherewithall: It seems very hard the poor Souldier should allow interest for the forbearance of his own due.

The like disproportion we find in the abatements to Ser­jeants of Foot for their Quarters: in the abatement for Quarters to Officers of Horse and Dragoons, we finde one third Part of the whole Pay to them due both for themselves and their horses is to be defalked, though the full Pay for their horses is not allowed in the Account, unlesse they make it appear by Masters that they kept their full numbers; and the third part of their full pay, amounting to the half or near the half of their present pay, seems an unreasonable allowance for Quarters, especially in the case of Captains & Field-officers. We find also no provision made for private Souldiers of Horse, [...], or any Officers in Commissi­on or not in Co [...]on, in relation to any Quarters dis­charged by them, [...] such are left absolutely to abate the [Page 14] respective Rates for Quarters during their whole time whe­ther they have paid Quarters for any part of the time or no, whereas we know assuredly and can make appeare, That all of them during their service in this Army (and most of them in their service in the former Armyes) have really discharged their Quarters for a very great part of the time, and many of them for more time then by the proportion of pay received, they were bound to have done, having without respects to that many times paid freely, as farre as their money would hold our, partly out of desire not to be burthensome at all to the Country as farre as they could, and partly upon expectation (grounded on the many pro­mises & often renewed, of constant pay for time to come) that mony would come in time to pay them up & reimburse them their full pay again without defalcation for quarters; we find it also provided, That no Trooper is capable of allowance or debenture for Arrears unlesse he deliver in such Horse and Armes with which he hath served or a Certificate, What such Horse and Armes did not appertaine to the State, or else was lost in actual service which extends to the totall taking away from them those Horse and Armes of the States which they have used and preserved in the Ser­vice, contrary to the favour allowed; and never (that we knew of) denied in the disbanding of any other army: And if that being but a matter of favour, the horse-men in this service be thought unworthy of it, and must upon ac­count for their Arreares, rebate for such Horse and Armes as upon disbanding they thought to have been given them, yet it seems hard that such as cannot deliver in those States Horse and Armes, which at disbanding they so understood to be their owne, and so perhaps have sold or otherwise disposed of, should for that lose their whole arrears, or be incapable of account or debenture for any part there­of.

Fourthly, The visible security for what Arrears should not be paid at disbanding (which the Votes of Friday May 21. seeme to promise) as it stands propounded in the Votes of [Page 15] Tuesday May 25. appeares not to be either a securitie suffi­cient or to us visible.

1. Because that securitie of the Excize in Course (proposed for the Arrears of private Souldiers and inferior Officers, is knowne to be already pre-ingaged for vast Summes amounting to above a Million that are to take place before those Ar­reares, nor doe wee know certainly that the Excize (which is yet but temporarie) will be continued for so long time as till our Arrears shall come out in course after the preceding in­gagements satisfied.

2. Because that security proposed for Officers arreares, viz. the profits arising out of Delinquents estates in the first Exception (especially) being limited to such as are not already disposed of, it does not appeare what they will amount unto, or what the pre-ingage­ments or pre-disposures by the Parliament may be, or what incumbrances of Debts, or limitations of E­states (as the were in the hands of the Owners) may lie upon the same, none of which we would be any occasion to defeat or avoid, so as to have the curses and grudges of defrauded Creditors or ruined Fami­lies to lie upon us or our posterities.

3. Neither the one security nor the other are yet, for ought we find, or could well before the appointed times of disbanding, be so setled by Ordinance to the uses proposed (as the other Securities for monies borrow­ed by the Parliament have been) which we conceive requisite to render the same indeed visibie security.

The two first of these Reasons we should not urge so much, if we did not see other matters of Security [Page 16] within the Kingdome that would be much more cleare, (as Cathedrals and their Revenues, Forrest-lands, &c)

5. The Ordinance voted to exempt from Pressing (first) is not, for ought we understand, brought in and passed before the appointed Disbanding. Next, by the Vote it seems not to intend the exempting of voluntier Horse-men from being prest for [...]ot-service. And lastly, we understand not how it can be effectuall to particular Souldiers (when disperst about the Kingdome, and sojourning or travelling where perhaps their former relation to this Army, or condition as Voluntiers in it may not be known, or not credited upon their words) unlesse the Ordinance intended shall provide, That a Testi­moniall of their service under the General's or their respective Field-Officers or Captains hands (which they might ever carry about, or keep by them) shall be their sufficient discharge from any Presse (if they shall fall under it.) And whereas such Testimonials cannot easily bee got by them after Disbanding; the said Votes for so sudden Disbanding, and at such distances, do not mention or admit any thing of that kinde more then Passes from the Commissioners to carry them home.

6. The Ordinance voted to give Apprentises the benefit of their time spent in the Parliaments service, as also that for the maintenance of maimed Souldiers, and the Widowes and Children of men slaine in the Service were not brought in and passed before the appointed Disbandings, nor do we yet h [...], that they yet are, though we hope they will be.

7. The Ordinance passed for Indempnity seemes to make but slender provision for our quiet, ease, or safety in rela­tion to things done in the War as Souldier.

1. Because the things it provides for thoughout the Ordi­nance, comprised only in these terms (viz.) Things done by ver­tue of any Ordinance of Parliament, or for the service and benefit of the Parliament; We conceive, That upon every trespass, or other thing done in the War (which we may be questioned for) it will be very chargeable and difficult, either to derive a clear Authority for the same from Ordinance of Parliament, or to bring proofs sufficient to make up such a constructive conclusion, as that it was for the service and benefit of the Parliament, espe­cially to do this so fully, as to meet with all the evasions and [...]lusions of a subtile Lawyer, or to convince the sences of a Coun­trey Jury, whom we know not by what rules or measure they may go in judging what was for the service and benefit of the Parliament, or what not; perhaps some of them may be of that minde, That it had been for the service and benefit of the Par­liament, to have had no War at all, or to have had fewer or no such Garisons or Forces as some of us have been engaged in. In sum, We cannot think it safe to be left to the sence or con­str [...]ction of a Countrey Jury, concerning the exigencies of War, or duty of a Soldier upon so doubtful an Issue; We should rather think, That the old Issue which (as we understand) ancient Laws have provided for in such cases, viz. (Whether the thing were done tempore & [...]) was much more clear and sure; and an Act or Ordinance of Oblivion for all trespasses or other things so done by Soldiers in this War, would be most safe and satisfactory.

2 That the provision in the said Ordinance now past for Re­ [...], by Complaint to a Committee of Parliament at London (which seems to be meant for saving of charges to poor men) we doubt will prove a very remote help, and far more chargeable for a poor Soldier Imprisoned or Arrested in the Countrey, then the former. And though we highly honor that Committee named in the Ordinance (for the major part of it) yet we confess we shall be sorry that our relief (if it may otherwise be provided for) should be the occasion of setting up more Arbitrary Courts then there are already, with so large a power of Imprisoning any Free-men of England, as the Ordinance gives to that Com­mittee, [...] the persons intrusted appear at present never so just [Page 18] and faithful, or though all that Committee were as good Patriots as we hold the major part to be.

3. In the matter of Accompts, we are wholly left (as befor [...]) to the mercy of the Committee for Accompts, and their Sub-Committees, whose constitution (in most Counties) being at least of Neuters (disaffected to the War, and consequently to the Soldiery) and whose vast and Arbitrary power to vex, delay, fine and imprison at their own pleasure or judgement, any that they can bring within the compass of Accomptants, and to pro­ceed upon their own judgement of the default, to sequester, sell and dispose of his Estate, as upon a Commission of Bankrupt (we confess) we tremble to think of more then of any Enemy. And though we are as jealous as any to have all men brought to as Accompt, for what may clearly be accompted for (as Treasurers, Keepers of stores, Sequestrators, or such like Accomptants) yet we cannot but think it hard for us, or other the Parliament Soldiers to be required to so strict Accompts for all things received, taken & used in the War by our selves, or any under our command (though but temporarily upon a part) for many of which things neither we, nor any other that minded the publike service, and have been engaged in hazardous services, where many have lost those Ac­compts they did keep, can give or could keep so strict Accompt, or for want of such Accompt to be so cruelly vexed and prose­cuted, even to utter undoing, as any man that's accomptable for any thing may be, and divers of the Parliaments most faithful and active Servants in our condition have been before our eyes: And though we would not wish that any Soldiers or Officers who have by Plunder, or other Injury to the Countrey, abused the name of the Parliaments Service, and converted any thing they have taken or received to their own private benefit or advantage, (more then for necessary subsistence or supplie [...]) should go away with it, in being exempted from Accompt; yet we cannot but think it reasonable and necessary, That for those many others that have not done so, but have imployed all faithfully for the publike service, such provision should be made, as that what Arms, Am­munition, Horses, Furniture, or other things received or taken by them, they could not keep, or cannot give a clear and distinct Accompt for, It should be sufficient for their discharge, if they [Page 19] make Oath, That they have not imbezelled, or wittingly con­verted to their private benefit or advantage, any part there­of, more then what things, or to what value they do or shall (for saving of their Oath) charge upon themselves in their Accompt.

We finde another thing mainly necessary for our and other mens Indempnity (for which there is no provision at all made in this Ordinance) viz. That all Acts of Councels or Courts of War, either in censure or discharge of any person, for any cause subject to their Judgement, and the Warrants of the General, or chief Commander, for execution or remission of such censures, may be valid and good, both as to the Justification of those that have been imployed in execution of such censures, and also the full and final acquittal of the persons so discharged or remitted.

Eigthly, Though those Officers of the Army at several times sent for, or sent up to attend the Parliament as Delinquents, have been indeed discharged (for which we render our thanks, and acknowledge the Parliaments Justice in the discharge) yet for men of such credit and integrity to have their names brought so highly into publike question or suspition, and the cause not known (which might make it imagined greater) to be kept long in attendance under that notion, and not obtain by their daily solicitations to know their Accusers, or any Charge, and (for one of them) to be made a Prisoner, searched and sent up so far in a disgraceful maner, without Authority (against the right both of a Soldier and Sub­ject) and at last to be only dismissed (without any word of Vin­dication or clearing) seems but a slender Reparation.

Ninthly, There hath yet bin nothing declared by the Parliament (as in the Narration or Declaration of the Officers was desired) to clear us, as to our right of Petitioning, or to clear the sence and intention of the Parliament in their Order for suppressing the Petition, or the ground of their censure in the Declaration against it; Though we think no man can deny the matter of the Petition to be just, and Parliament-proceeding, since upon the several heads of it does imply as much: And if our liberty of Petitioning for our due be denyed us now, and the attempting of it rendred such a Crime (as by the said Order and Declaration appears to be, while the ground or intention of them stands not [Page 20] explained otherwise) we cannot but expect the same or worse hereafter, not only to our selves (when being disbanded and di­spersed, we shall have the like occasion to Petition as private and single men) but also to all the Free-born People of the land in the like case; and so this president (if it stand good) would extend in the consequence of it, to render all Soldiers under this Parliament, the worst of slaves, and all Subjects little better. And though there have been of late in other mens Cases too many dangerous presidents of suppressing Petitions, and punishing or censuring the Petitioners, yet (we think) few or none so full and clear against all just Liberties, as this in our case, whose Petition was not, as many (that yet have been received with large thanks) without any foundation in real grievances or dues, tending and serving meerly to declare the Petitioners opinions and inclina­tions in relation to matters of State (then in transaction, or in­tended to be put on in the Parliament) nor yet subject to any of those exceptions, which at other Petitions (seeming better groun­ded, more necessary or concerning then the former, and yet re­jected) might be; But ours not medling with matters of State, with proceedings of Parliament, or any bodies concernments but our own, tended but to obtain our particular d [...]es (often pro­mised, dearly and fully earned, long forborn) and some of which (viz. the matter of Indempnity) we could not (without danger of utter ruine) want after dis [...]anding; and these but desired in an humble and submissive way, without any language, scandalous or offensive, or any other particular exception (for matter or form) that we have ever yet been told of, or could any way learn; so as though we are willing to believe the Parliament was misinformed, abused or surprised in the businesses (as the Nar­rative does express) yet we cannot hitherto understand, from whence such proceedings against such a Petition, or against us for it, could arise, except (in those that moved and drew the Parlia­ment thereunto) from some principles of Malignants envy or dislike against us, the Petitioners for the things God hath done by us, carrying them (above all other considerations of just or unjust, dangerous or safe) to this end, as the greatest good, that this Ar­my must not pass with that Reputation God had given it, but m [...]st (upon my occasion that could be catched hold on) have a [Page 21] dishonor put upon it, and by discontents and provoc [...]ions [...]e p [...] into distemper, so as to do something that might rend [...] it odi [...] or bring a blemish upon it.

Tenthly, The Declaration yet standing in force, and nothing published by the Parliament to clear the Army from the censure it thereby lies under, there remains a brand of Ignominy upon this Army to Posterity: And those Soldiers that have proceeded to act any thing in pursuance of their just Desires in that Petition, or in Representation of their just Grievances thereupon; as also those Officers that have any way concurred with, or counte­nanced, or not deserted them therein, remain subject to question, and to the highest censure that may be for so doing.

Eleventhly, Were all other our Grievances duly considered, yet nothing he done to the discovery or censure of those that have wronged the Army, and abused the Parliament, to the procuring of such proceedings against us, in relation to so just and innocent Petition, but that the same persons remain still in the same credit and power, We Appeal to all reasonable men, what hopes, either of right or safety, we (when disbanded and dispersed) or any private man, can hereafter promise to himself in the like case? Let every honest English man lay his hand on his heart, weigh our case, and make it his own (as in consequence it is) and then judge for us and himself.

First, We may confidently say, Never any private man had or can have any thing more clearly due to him, then what we went about to Petition for; nor could seek it in a more regular, hum­ble or inoffensive way (as hath been shewed before:) Now for a private man Petitioning for his right in such a way, to be denied, or fail of his right (in Courts where Corruption sways) is perhaps not rare; yet for such a man to be debarred or interdicted before-hand from suing for his acknowledged right (we think) is not usual in Courts sufficiently corrupt: But not only to be denied his right, and the liberty to Petition it, but withal by a censure (no less then Capital) to be exposed to a forfeiture of Estate, Liberty, Life and all, for but going so to ask what he conceives, and the Court it self will not deny, to be his due, and this without over asking or hearing, what he can say in his excuse, would carry so high a [Page 22] face of Injustice, Oppression and Tyranny, as we think is not easie to be exampled in the proceedings of the most Corrupt and Arbitrary Courts, towards the meanest single man. Now if we have found men of those desperate principles and confi­dence to attempt, and in that credit and power to carry on such proceedings against an Army (standing then in full strength, in reputation, and some little merit also) and to engage the Authority of Parliament therein, whose present Power hath, under God, been upheld, and but newly established through that Army: What can we, or any honest man, expect here­after, as private persons, if the same men shall continue to be our Judges, or in the same credit and power, when we are disbanded (as now) we say, What good can be expected, or what ill may not be expected in any future case, that shall cross the pride, passions or interests of such men, of whose unjust Principles, and desperately tyrannical Spirits, we have in this case had the most perfect taste that can be imagined: We have both here and before plainly Remonstrated our case in this particular, as it stands, appearing to those that understand not upon what grounds, and in what maner such things were carried in the Parliament, in relation to the Petition: We are still willing to believe the Parliament hath been some way strangely misinformed, surprised, or otherwise abused in that business (as was expressed before in that Narrative) We are still tender of Parliament Priviledges; but we shall yet hope and desire, That the Wisdom of the Parliament would finde how to disingage the Honor of the Parliament, from the de­sperate Practises of such Incendiaries, and cause them to be discovered and censured, so far as may secure the Parliament from being again so abused, and both us and the Kingdom from the like or worse Opppressions or Dangers by them (which is the utmost ill we wish them:) And if herein our be­lief or hopes, from or concerning the PARLIAMENT, do fail us, we shall be sorry; but yet the case and consequence is still as it is, or the more sad to us and the KINGDOM. And having, in this particular expressed both the case and consequence very plainly, We leave it at the Parliaments [Page 23] Door, until they shall be pleased to fix the blame on those particular persons that have abused them herein, as before.

Twelfthly and lastly, We finde nothing as yet done, or thought of for Reparation or Vindication of the ARMY, in reference to the many Scandals cast upon it, or to puni [...] or discountenance the Authors and Publishers though divers of them be sufficiently known.

FINIS.

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