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A84964 A remonstrance of His Excellency Thomas Lord Fairfax, Lord Generall of the Parliaments forces. And of the Generall Councell of officers held at St Albans the 16. of November, 1648. Presented to the Commons assembled in Parliament, the 20. instant, and tendred to the consideration of the whole kingdome. England and Wales. Army. Council.; Fairfax, Thomas Fairfax, Baron, 1612-1671. 1648 (1648) Wing F229; Thomason E473_11; ESTC R200486 52,286 69

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Warre and refuse Peace never so long And for this last piece of his Interest as opposite and destructive to that of the Publick as any of the former though a Divine Testimony has been born against it as full and more glorious if possible then before against any of the rest as if God would thereby declare his designing of that Person to Justice yet the Parliament after all this restoring him without any presatisfaction or security unto a kinde of Liberty and State only that he might appeare in a capacity to Treat and then by Treaty seeking their Peace and all their matters before contended for and though God gained against him to come now as concessions from his will doe clearely yeeld back that last piece of his claimed interest into his hands againe and indeed therewith seem to render a more reall acknowledgement and yeelding to him and against Parliament and Kingdome as to the precedent just right of what ever 's now demanded or granted as from him then all his verball wrested concessions or confessions will be understood to be unto Parliament or Kingdome as to any future clearing or assurance of those things But to return to our purpose The matters aforementioned being the maine parts of publique interest originally contended for on your parts and theirs that ingaged with you and thus opposed by the King for the interest of his will and power many other more particular or speciall interests have occasionally faln into the contest on each party As first on the Parliaments part to protect and countenance religious men and godlinesse in the power of it to give freedome and inlargement to the Gospell for the encreasing and spreading of light amongst men to take away those corrupted formes of an out-side religion and Church government whether imposed without Law or rooted in the Law in times of popish ignorance or idolatry or of the Gospels dimmer light by meanes whereof snares and chaines were layd upon conscientious and zealous men and the generallity of people held in darknesse superstition and a blind reverence of persons and outward things fit for popery and slavery and also to take away or loosen that dependance of the Clergy and Ecclesiasticall affaires upon the King and that interest of the Clergy in the Lawes and civill affaires which the craft of both in length of time had wrought for each other which severall things were the proper subject of the Reformation endeavoured by the Parliament Contrary wise on the Kings party the interest was to discountenance and suppresse the power of godlinesse or any thing of conscience obliging above or against humane and outward constitutions to restraine or lessen the preaching of the Gospel and growth of light amongst men to hold the community of men as much as might bee In a darksome ignorance and superstition or formality in Religion with only an awfull reverence of perions offices and outward dispensations rendring them fit subjects for ecclesiasticall and civill tyranny and for these ends to advance and set up further formes of superstition or at least hold fast the old which had any foundation in the Laws whereby chains and setters might be held upon and advantages taken against such in whom a zeale or conscience to any thing above man should breake forth and to uphold and maintaine the dependance of the Clergy and Church matters upon the King and greatnesse of the Clergy under him and in all these things to oppose the Reformation endeavoured by the Parliament Also on the Parliaments party their interest as well as duty was to discountenance irreligion prophanesse debauchery vanity ambition and time serving and to preser such especially as were otherwise given viz. consciencious strickt in manners sober serious and of plaine and publique spirits Contrary to these on the Kings party it was to countenance or connive at prophanesse loosenesse of manners vanity and luxury of life and preferre especially such as had a mixture of ambition and vain-glory with a servile spirit rendring them fit to serve anothers power and greatnesse for the enjoying of some share therein to themselves in all or most of which respects it has been the great happinesse and advantage to Parliamentary and publique interest that it hath been made one very much with the interest of the godly or for the name whereof it has been so much derided the Saints as on the otherside the King 's one with their greatest Opposites by occasion whereof God hath been doubly engaged in the cause viz. for that and for the righteousnesse of it And to this indeed through the favour and presence of God therewith the Parliament hath cause to owne and referre the blessing and successe that hath accompanied their affaires which accordingly as they have held square and been kept close to this have prospered gloriously and wherein or so oft as this hath been thwarted swerved from or neglected in their manage have suffered miserable blastings Thus have we endeavoured to give a just and plaine state of the Parliamentary or publique interest and the severall parts of it and of the Kings in opposition thereto which have been the grounds or subjects of contests all along this Kings raigne and especially since this Parliament began as may appeare in the beginnings progresse and severall steps of the contest And by what hath been occasionally said herein some judgement may be made how far safe or good the accommodation is like to be that can be expected by the present Treaty But the severall and opposite interests being thus stated we shall proceed more clearly to speake a little to the questions stated before First therefore as to the goodnesse which first implies the justnesse of such an accommodation we cannot but suppose 1. That where a person trusted with a limited power to rule according to Lawes and by his trust with expresse covenant and oath also obliged to preserve and protect the Rights and Liberties of the people for and by whom hee is intrusted shall not only pervert that trust and abuse that power to the hurt and prejudice of the generality and to the oppression if not destruction of many of them but also by the advantage of the trust and power he hath shall rise to the assuming of hurtfull powers which he never had committed to him and indeed to take away all those foundations of Right and Liberty and of redresse or remedy too which the people had reserved from him and to swallow up all into his owne absolute will and power to impose or take away yea to destroy at pleasure and declining all appeale herein to the establisht equall judgement agreed upon as it were betwixt him and his people in all emergent matters of difference betwixt them or to any judgement of men at all shall flye to the way of force upon his trusting people and attempt by it to uphold and establish himselfe in that absolute tyrannicall power so assumed over them and in the exercise
really to go as farre as you could therein that he and his Interest so farre as just might be provided for therein as well as your owne and the Kingdomes and that you had no Designe to exclude or prejudice his if he would accept and joyne in the Agreement as to the other And even so the words added to and closing up that clause in the Covenant do import viz. That the world may bear witnesse with our Consciences of our loyalty and that we have no thoughts or intentions to diminish his Majesties just power and greatnesse Secondly considering it as an Oath the forme of an Oath added to that of a Covenant makes it no other then a Covenant stil but taken as in the presence of God and only addes the calling of God to witnesse as to the truth of your intentions and faithfulnesse of your indeavours to performe what it as a Covenant obligeth unto and look how farre it in the nature of a Covenant as to any particular matter obligeth so farre and no further or otherwise doth that calling of God to witnesse ingage him the more to avenge any falshood in your intentions or unfaithfulnesse in your indeavours to performe it and this is all the enforcement which that forme of an Oath addeth to that of a Covenant without obliging to any further matter or for any longer or more absolute continuance then it as a Covenant doth oblige and therefore wherein and upon what supposition soever the Obligation ceaseth as a Covenant that enforcement also ceaseth as an Oath so that if as a Covenant it oblige not to his benefit upon supposition of his refusall or opposall upon the same it enforceth nought to his benefit as an Oath If any object that in what we have here said we who professe to dislike the imposing of the Covenant with any penaltie or Prosecution against refusers do seem to take advantage against his Majesty for refusals we answer we say not for but upon And if no other penaltie be ever put upon Covenant-refusers save not to claime benefit by it we shall ever acknowledge that to be most just and reasonable against our selves if refusers Having thus endeavoured to Remonstrate the danger and evil of the way you are in and cleared the way unto what we have to propose we shall with the same plainnesse and faithfulnesse give you our apprehensions of the remedies for which purpose upon all the reasons and considerations aforegoing we proceed to offer as followeth First we conceive and hope that from what hath before been said you may find abundant cause to forbeare any further proceeding in this evill and most dangerous Treaty and to returne to your former grounds in the Votes of Non-addresses and thereupon proceed to the setling and securing of the kingdome without and against the King upon such foundations as hereafter are tendred but if notwithstanding all the evils and dangers remonstrated to lie even in the Treaty it selfe you will yet proceed in such an evill way we shall at least desire that you make sure to avoid that maine venome and mischiefe attending it viz. The Kings restitution with impunity c. and that imperfect bargaining for partiall justice against inferiour offenders And for the avoidance of these we propound 1. That you would reject those demands of the King sent to you on his and his Parties behalfe and especially in relation to that concerning his restitution or returne to London with freedome c. that it may be expressely declared and provided by you that notwithstanding any thing concluded or to be concluded in this Treaty the Person of the King may and shall be proceeded against in a way of justice for the blood spilt and the other evils and mischiefs done by him or by his Commission Command or Procurement and in order thereto shall be kept in safe custody as formerly 2. That for other delinquents you would lay aside that particular bargaining Proposition which as we understand the King hath refused in the termes you offered and whereby all your justice and mercy too would be rendred both for the matter qualifications and circumstances thereof to be dependant upon particular contract with and grant from the King and not upon the judiciall power of the Kingdome in Parliament and that in stead thereof it may be declared and provided by you that all Delinquents shall subject and submit to the aforesaid judiciall power to be thereby proceeded against according to justice or with mercy as cause shall appear and that none shall be exempt or protected therefrom nor pardonable by any other power then that of the Kingdome in Parliament by which they shall be judged this we propound to the end that publick justice and the interest of the Kingdome therein may be vindicated salved and satisfied and yet when that is so provided for and in some fittest examples of justice upon chief offenders shall be effectuated we wish as much mercy and moderation to the generality upon their submission as formerly we have both desired and used or as can consist with the publick interest and safety and with competent satisfaction to those that have engaged and suffered for it If in relation to the former of these Provisions viz. concerning the Person of the King it be thought an unreasonable or unbeseeming demand in a Personall Treaty that one Partie after Concessions to the other in all the matters of right and other things in question should agree besides to be punished himselfe for having made the past contest about them we confesse it might be thought so in a Treaty betwixt Parties standing both free and in an equall ballance of power or possibilities to obtaine the cause but so farre as a Treaty can rationally or properly be with a Party wholly subdued captivated and imprisoned or in the power of the other to such a Treaty such demands if otherwise just are very sutable and proportionable and to any Treaty It seems surely no lesse suitable to demand the principall to justice then the accessories that were but his necessary and proper Agents in the Contest especially where he is as much if not more within the other Parties power as they and where it is not so much a demanding him to justice as a Proviso that being already in the power of their justice they will not exempt him from it Thus therefore the power of justice and mercy being saved or reserved we proceed in order to the actuall dispensing thereof in relation to the late wars and thereby to peace with God and present quiet amongst men to propound as followeth 1. That that capitall and grand Author of our troubles the Person of the King by whose Commissions Commands or Procurement and in whose behalfe and for whose interest only of will and power all our warres and troubles have been with all the miseries attending them may be speedily brought to justice for the treason blood and mischiefe he is therein guilty of
friends to all but it and that supposed party in Parliament and Kingdom that cordially upheld it they and their busie promoters of Petitions stirred up by their Emissaries or Agents in all Counties for the engaging and cementing of this new form'd and intended generall party being all taught the same language at first professe fair For the Parliament or nothing against it but to be for a full and free Parliament and to deliver it from the force of an Army pretend for the Liberty of the subject also to free them from the oppression and tyranny of an Army to be for the Law of the Land against the Arbitrary power of a Faction in parliament setting up and supporting themselves above Law by the power of an Army whereas in truth their great and latest quarrell against the Army was That it would not force the Parliament to comply with the will and interest of the King to the prejudice of the Kingdoms Liberties and of the power of Law therein nor desert the Parliament in their adherence to these against the King They pretended likewise to be much for the ease of the people to free them from Taxes and Contributions to an Army to be for the settlement of peace in the Kingdom that there might be no need of an Army whereas 't was indeed their restlesse workings and watching all advantages by parties within this Kingdom or Forraign aids to set up their own and the Kings Interest to the ruine of the Parliament and enslaving of the Kingdom that did necessitate the Parliament to continue an Army and taxes to maintain it They pretended for Religion too and for Reformation and the Covenant against an Army of Sectaries and opposers thereof yea they yet pretended even for the Army it self as to the Body of it and all but a faction of Officers in it supporting themselves in power and dominion by it that the Army might be satisfied their Arrears and go home And for all these fair ends presuming upon the Parliaments unsetlednesse and weaknesse as not able or not knowing how to provide for any of these things of themselves without the King a personal Treaty with the King must be held forth as the onely soveraign salve Thus the people being made to depend mainly upon the King for all and his Interest made necessary to all the other pretences were but made use of to serve his ends and an easie way made to set up him and his Interest above all As to the hypocrisie of these pretences we need say nothing more The Lord himself in our silence even when by such pretexts and their quick proceedings upon them they had made such engaging work for us in all parts as gave us no leisure to say any thing for the undeceiving of men or vindicating our selves or so much as to make any publick verball appeal to him for it hath yet from heaven judged them and born a cleer testimony against them in defeating with a small handful the numerous parties they had thus engaged within the Kingdom and drawn from elsewhere under the very same pretexts to invade it and breaking the force of those designes so cunningly and takingly laid and so strongly backt with advantages as 't was scarce imaginable in humane reason all things considered how to avoid them But however working upon that unsetledness in the peoples mindes which the uncertaintie and Divisions in your own Councels had occasioned and having the advantage of that general disposition in a burthened and troubled people to entertain any motions and follow any party pretending to end their troubles and ease their burthens against the present party in power from whom immediately they apprehend them they made a shift to engage multitudes to Petition for these things and thence under the pretence of freeing the Parliament from force to raise Arms and leavy War against it at best to inforce their Petitions and under the notion of freeing the people from taxes to the Parliament and quarter to the Army to make them incur greater charges and burthens for the King and his party and by withholding their taxes from the Parliament to necessitate free quarter again upon themselves which before they were delivered from and under the notion of setling Peace and the Liberties of the Kingdom to break that we had and ingage the people in another War on the Kings behalf against the Parliament and their own Liberties and to get his party with Commissions derived from him into the conduct and manage of it But whilest therein with open force they do their utmost to destroy and subdue you they omit not the driving on of that surest part in their designe a personal Treaty to deceive you To promote which they had besides numerous and daily Petitioners from all parts deluded and drawn in by the aforesaid specious pretences the deluded multitude and rabble about the City with the old Malignants new Apostates and late discontented party both in the City and Parliament it self the one at your elbows the other in your bosoms pressing you incessantly The Lords in every thing relating to the Treaty closing readily with the desires of the City Malignants the Prince and all your Enemies and in their Votes for the same going before you and haling you after although in things concerning the prosecution of the War in your own and the Kingdoms necessary defence especially in declaring with you against those visible Enemies and Actors therein The Scots Army and others they would neither lead nor follow And when at any thing propounded towards the Treaty wherein you found the very life of your Cause and the Kingdoms to be concerned you were loath to give up that and thereupon made some stick then clamorous Petitions for a concurrence come thick from the City with menaces insinuated many debaucht Reformadoes the desperate Cavaliers and rude multitude about the City ring in your ears with raylings and threats many faithful Members particularly frighted or driven out of Town forces listed and gathering daily about you and this the City neither taking course to restrain nor suffering their Major General to do it but opposing and incountring his and your Authority in what he by it attempted for your safety and freedom and these courses never ceased until you had fully agreed to a Personal Treaty on such terms as His Majestie Himself was pleased to entertain By these means and such continued usage from the City and those in and about it at whose mercy you were while your Army was engaged at distance against your Enemies in arms by that time God had broke all their forces delivered most of them into your hands and crusht all their hopes of avayling that way We finde them at last drawn into this miserable inconvenience of a personal Treaty with him and his adherents who had so long and uncessantly tryed all Interests and wearied all friends in this and many forraign Nations by force to destroy or subdue you In which
of right or at least of his particular person and execution of justice upon him if he fell within their power With this latter way of proceeding we have heard many instances of people fully recovering their Liberties and happily retaining the same but without it or in the former way of accommodation and restitution we have not heard or read of any so succeeding there is abundant experience to reach us how ordinary yea we may say constant a thing it hath been for Kings and Princes in such cases when they could not prevaile in the way of force to leave that and apply themselves by fraud to accomplish their ends and wills upon the people and when in such contests with them by the Sword they have been brought into straights then to cry up peace and under that glorious golden baite which the people wearied with warre and the troublesome and chargeable concomitants thereof are most apt to catch at having drawne them into waies of accommodation to make some fained yeelding up of those Prerogatives and advantages they find they cannot hold and by large promises Concessions and assurances on any termes to make agreements with them whereby to quiet the people and get themselves into the Throne againe and yet afterwards upon on their next advantage to breake and make void all againe and prosecute such advantages to the overthrow both of the publike interest and those that had ingaged for it without regard of Faith or Oath further then necessity hath held them thereto where any advantage for the accomplishing of their ends hath lead them to a breach how apt first such Princes are to this and next how easie it is for them when they find advantages to find occasions also and pick quarrells to make a breach even with a colourable saving to their faith and honour ingaged in such agreements and lastly how easie also after they are so got into the saddle againe and the people by their faire Concessions Promises and Ingagements lull'd into a security to find or work out such advantages to themselves and prosecute them to greater prejudice both of the publike and the particular persons ingaged for it then before such contests begun or without such accord thereupon they could have done as experiences do abound so there wants not reason enough to teach us For the first Where a Prince is once given up to that self-interest of his Will and Power so as to make it his highest end or at least to preferre it above the publike Interest and welfare yea above the safety and peace of his People as where he makes Warre against them for it it is apparent he does and to preferre it above Religion too as is evident when he attempts the moulding and forming of Religion to subserve that end such a person sure cannot want any principles of falshood cruelty or revenge suitable to such an end neither in reason is it like that he will regard any Ingagements of Faith or Oath or stop or boggle at any thing of that kinde further then necessity does hold him thereto or where a necessity or advantage for the accomplishing of that his highest end does lead to a breach And indeed when the bonds once accepted by him with unquestionable freedome at his admission to the Throne the bonds of Law yea the fundamentall bonds of trust betwixt him and his People the very Covenant of peace yea the Oath of God betwixt them would not hold him but of his own mind without occasion before given have been all violated by him and to justifie himself and protect his Instruments in that the law of Force admitting no bounds but power hath been chosen and set up by him and prosecuted to the utmost in a long and bloudy Warre how can it be expected that the bonds of new Concessions and Agreements with what ever assurances that are but verball or literall being imposed by force upon him or yeelded to from nothing but an invincible or powerfull necessity can be of more awe or regard with him or power to hold him when an advantage to gain what he sought or recover what he lost does offer it self And as for revenge how naturall it is for a Prince so given up to that self-interest of will and power and how necessary to his interest to seek and prosecute revenge against all eminent opposers and much more the oppugners thereof we wish your own reason and the experience of others may rather warn you then that you should put it to triall in your owne cases And hath your and our experience of this King with whom we have to do given cause to hope better things from him in these respects then other Ages or Nations ever found from other Priuces in the like case First for point of Faith-keeping besides his first numerous breaches of his originall Faith to his Kingdomes in the whole mannage of his government and trust before the Warres witnesse his Accords with the Scottish Nation and how he kept them his seeming compliances in part with this Parliament in the time of his straights and faigned acknowledgments of past errors with promises of redresse and future amendment untill your bounty in paying off the Scots and English Armies at that time had delivered him from those straights and then so soone as you came to those particulars which should have effectuated that redresse and assured future remedy by tying his hands and deterring others from the like exorbitances immediately flying out again to higher and greater and first by policie then by force going about to overthrow those foundations of remedy which he had granted in the ascertaining of this Parlinment c. And let those many particulars of hypocrisie dissimulation and trechery couched under his fairest Overtures Professions and Protestations which your selves in severall Declarations have observed and recorded bespeak what cause there is to confide in his promises or Ingagements As to his innocency in point of revenge witnesse those petty revenges after severall Parliaments and yet some of them extending to death through hardship of imprisonment which were sought and taken against such Patriots as had in them appeared but to assert the common Liberties against his Interest Witnesse his attempts of higher in the proceedings against the Members hee impeacht and let the severall Designations of some to the slaughter some to exile others to prisons all to misery of one sort or other which upon any hopes of prevailing in the former or later Warre have been made against his eminent opposers amongst you suffice to teach you and your adherents what mercies might be expected from him and his Partie if he ever had or yet shall gain the advantage over you Next for the facility of a Princes finding occasion and quarrell after such an agreement to make a breach when he finds his advantage and yet with some colourable saving to his Honour We know in all mutuall Agreements where each party grants and takes and somthing
Accommodation to continue Taxes and Impositions for the maintenance of that Force to the burthen and grievance of the People and the greater increase of their discontents and hate towards you For if after this accommodation to ease and satisfie them you shall ever disband your Forces while the King at 's liberty and in 's Throne againe you give him his end or wisht opportunity in laying your selves your adherents and the Publique interest all levell againe with Him and His as if you had never prevailed nor had any advantage over them and so for all your satisfaction and security you are at the Kings courtesie still and if he will breake you are but where you were at first and the Publique interest nothing advantaged or secured by ought obtain'd or done in the Warre but the King in the same and much fairer possibility to revive the old Quarrell renew his Force with greater advantage and put you to Fight it over againe or rather may carry it without Fighting since after so much blood and cost and trouble for nothing 't is not like you 'le finde a competent Party for th' opposing of him ready to ingage againe on the same termes and if he gaine any strength to appeare for him which who can doubt when your Forces are disbanded confidering what a numerous Party he has ingaged to it in interest and necessity others inclined to it by principles and temper others in humour and discontent against the present Government the generality of people wearied with the former Warre whereof they have found so great misery and so little fruit if they see a strength on his part threatning a new Warre and none ready on your part to ballance it which might hold them at least in neutrality will surely be more apt to joyne unanimously with him or let him have what he will that there may be no Warre then joyne with you to maintaine another Warre to so much prejudice and so little purpose as they have found the former And if to appease the King and his enraged Party a sacrifice of those that opposed him in the former will serve the turne the people 't is like will be so farre from sticking at that as 't is some Question to whom 't would be more acceptable the King or them the people by the Cavaliers clamourous and cunning suggestions and the advantages you have given thereto through the unsetled endlesse and fruitlesse wayes of trouble you have held them in being already pretty well possest and by that time like to be further perswaded against you as if in all this Warre you had meerely couzen'd them so as you are like to have their hate no lesse as for abusing them then the Kings for opposing him If to secure that little advantage to publique interest which in the present way you will have gain'd or rather to prevent a totall losse of all thereupon you continue a sufficient strength and therewith Taxes and Impositions to maintaine it those as they are alwaies grievous to the people so they will after the peace supposed to be setled be so much the more discontenting by how much they may be then deemed unnecessary for the King having in the tearmes of Accommodation granted what your selves did aske and therein such supposed security as that you need not feare new troubles though few will consider wherein that little security does lye or at least by his yeelding as it were for peace sake to all your demands having given in the peoples apprehensions such assurances of his love to peace as that no danger of new warre or trouble seemes to be feared from him in this case the continuance of Forces and Taxes will surely be thought no further needfull for any publique end for in common judgement if Warre made Souldiers needfull then surely Peace must render them needlesse And therefore it will be aptly thought if yet Souldiers be kept up and Taxes continued it is sure either for the gaine or advantage or some private designe of those that continue them And upon these grounds with unwillingnesse and backward nesse to pay Taxes and discontents at the burthen of them there must naturally grow up jealousies and heart-burnings against those that require them These to foment and inflame to the height and thereby to sweeten and endeare the King with the people will be his and the Cavaliers surest play and otherwise to sit that while if they have the patience as still as Lambs How colourable and plausible will it be for them to suggest and how apt for the people to receive That the King is no way to be blamed for any of those burthens he Good man has yeelded to any thing and done what he could that there might be no need of them and now he gives no consent to them but the Parliament does them without him and have bound up and excluded him from his wonted Negative Voice therein otherwise he would refuse and hinder them but being not in power to helpe the People he can onely pitty them in these things And now they may see what they gaine by their Parliaments or how much it is to their common prejudice as well as the Kings to have the King in any particular ex●●●ded from his Negative Voice and the Parliament free to proceed in ought without him And thus easily may the people from their common unwillingnesse to part with Money though for their reall safety be at once inflamed into a refusall and opposition therein and deluded into a resentment of that which is the Kings interest as if it were their owne and so ingaged with and for him and his Party as having one common Cause with themselves And if thus they be once heightned but into a resolved witholding of payments for the maintenance of that necessary strength you keepe for the common safety and peace you must then either give the King his End and advantage as is before express't in dissolving your Forces or else use extraordinary wayes of power and rigour towards the People to inforce such necessary payments which will still inrage them higher against you and serve to endeare and ingage them more to the King and his interest colourably in point of their Liberties then as well as their ease before untill at last the People for both being rais'd against you and therein joyning with and being headed by the King and his Party whose interest so far seemes one with theirs you unlesse you 'le give up all must come to make a Warre against the poore deceived people for that which is really their owne cause And the King by the People as it were for their proper Liberties and Interest may make Warre against you to th'erecting of his owne and th' overthrow of the common Interest both yours and theirs For solution of which seeming Riddle much needs not to be said since that you contend for is their generall Fundamentall and perpetuall Liberties for the preservation whereof you 'le