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A96342 The copies of severall letters contrary to the opinion of the present powers, presented to the Lord Gen. Fairfax, and Lieut. Gen. Cromwell. By Francis White, Maior of his Excellencies regiment of foot. White, Francis, d. 1657.; Fairfax, Thomas Fairfax, Baron, 1612-1671.; Cromwell, Oliver, 1599-1658. 1649 (1649) Wing W1764; Thomason E548_6; ESTC R204063 14,284 20

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Honoured Sir JT is not unknown to many your great pains and unwearied indeavours in the publique imployment from the first undertaking you have appeared constant valiant and successful in the greatest affaires of the late war And having through Gods blessing passed through many difficults subduing all adversaties that opposed our just proceedings It now lieth upon you and others of the like interest to see the establishment of those things which we have contended for that there may be some requitall for the expence of so much Treasure and Blood It hath ever been the consideration of all wise undertakers of a war First to consider the right of their cause Secondly their abilities to mannage the same And thirdly that the benefits may countervail the ill convenience or prejudice that may be sustained in the procuring successe What bondage oppression and injustice we were made subject to by the King and his Ministers is not unknown to your selfe and when he could no longer keepe the people in subjection under his oppressive government but was in danger of being cast out of his Throne he then called a Parliament which he indeavoured to make subject to his will For the better prosecution of his principles but failing of his expectations in Councell he indeavoured to bring his purposes to passe by the force of the sword and undertooke the managing a Warr against the Parliament They seeing the evill he endeavoured to bring upon themselves and the Nation tooke courage to appeare faithfull to those who had intrusted them and called in all that had bowels of mercy and compassion to themselves or the Nation to come in to the helpe of a distressed State and to maintaine their just rights and freedomes The Parliament did then claime and since have claimed a Right to determine all controversies that may arise in the Nation and that of right they might dispose of the Militia of the Kingdome as they should see cause for in the House of Commons vertually the power of the Kingdome is for to make Lawes or repeale Lawes and to be the finall judges It is true the King held a confirming voyce and was intrusted with the Militia and the Regall power for the protecting and administring justice unto the people but when the Parliament saw a danger of the Kings converting that power to their and the trusters distruction they tooke upon them the disposall of the Militia upon which the King broke with them and made a war God having now given successe to their cause and invested them and their assisters with full power it now lieth upon them to make good all promises if possible the lesser giving way to the greater and as much as in them lyeth indeavour to prevent future disputes and quarrells for the welfare of posterity and to settle the government of the Nation So that the Regall power in what forme soever may be subject to the Legislative and likewise to untwist those lines of bondage which will question our just proceedings there is no rational man that will imagine it unreasonable that the Parliament should proceed to the setling the Kingdoms peace and Freedom without the King seeing that after the conquering his Forces and so many addresses he will accept of nothing but what shall be agreeable to his will the which must be a giving up the right of our cause and advantage to the name and thing King to recover all power in short time and to the winding of the Nation into worse bondage and servitude then ever to the will of the Prince which will of necessity bee our portion if there be not a cleare vindicating of the Rights and Freedome of the people in the Legislative power which was the maine thing contended for and it is evident that the supream power next under God is inherent in the multitude and that there is no just authority but what is immediately derived from God himself by divine appointment or mediately given from the people by their Representative who of right are not subject to any particular person or persons but may upon grounds of common safety alter Magistrates or Government make new Lawes or repeale old Abolish Courts or set up new without the concurrence of King or Peeres However this be caled new Doctrine or Levelling it will appeare that in this is laid the foundation of the Freedome of a Nation in stating their Representative free and equall invested with full power the persons changeable successively so that whatsoever Lawes or Burdens the people bring upon themselves they will be of their own chusing whatsoever custome is held contrary herto is a fruit of conquest kept by force and may justly be by force repelled This is no change of principles as is evident from the first contest The peoples safety argued the supream Law and the House of Commons iudges of that safety and interpreters of Law and they affirming the Kings oath binding him to confirme what Laws they chuse the Commons telling the Lords they should indevour to save a people without them if they would not concur But it may be obiected that the Ingagement at the first undertaking of the war declared for King and Parliament and that the Parliaments Declaration in the yeare 1646 declareth for the maintaining of the constitution of this Kingdom by King Lords and Commons and that the Protestation and Covenant of this Kingdom and Scotland ingageth them to maintain the Kings authority and that they have no thoughts or intentions to diminish his Maiesties iust power and greatnesse To this I answer that men are bound by Conscience and Honour to make good all Ingagements so far as iustly they may and if men be not found constant to their principles no man can wisely put confidence in them nor trust them farther then necessity inforceth It will not be amisse to look over our former Ingagements and moderately to consider what may be performed and what not For indeed they are so interwoven that it will be a difficult matter to make good every particular Therefore first consider the most generall things of greatest importance and make good them with as much provision for particulars as generall will permit And in the first place that Interest of the peoples freedom must in Iustice take place For in all Declarations Papers and Covenants it hath been the chiefe thing pretended and there never passed any promise of intrusting the King but in order to the peace freedom and security of the Kingdom and I beleeve it was expected that when the Kings powers should be subdued he would have accepted the Parliaments conditions which he refusing is a iust ground to alter their promises and to proceed to the setling the Kingdom in freedom safety and peace without the King the which can never probably be done without altering the former custome in making Law For whatsoever is acted upon the former constitution will run to the King for confirmation so there will be no security unlesse
Now Sir that which hindreth our peace is pride and coveteousnesse which are the roots of all grand evils and mischiefs the great men contend which shall be greatest profit and honour blind the eyes of the wise the people are divided upon these two heads the King and the Covenant to which parties are contracted and the way to compose is not compulsion but by conviction it is mercy and lenity conquers more upon iugenious spirits then austerity and force it would not be amisse to procure what shal be done for or with the King for it is against the Parliaments declared principles to keepe men in prison any longer then necessitie enforceth untill they may have a Judiciall try all and seeing wee have been under such bondage that the constitution hath provided no Judicature to judge the King and indeed he is not legally subject to the penall lawes it will be most safe therefore to referr him to divine justice which will judge righteously and to settle the government of the Kingdome for quietnesse sake with as much favour to the Prince as the publique safety will permit But as he sticketh to his former principles and parties there can be no trusting him with power without giving up your cause and subjecting your selves to the mercy of his will he may be restored to the enjoyment of a sufficient revenue beyond any particular person with his wife and children to a condition of freedome safety and peace the publique safety being first provided for and may be intrusted with power if afterwards invested therewith from a future representative in whom the fountaine of authority among men justly is and then can there be no deny all of being accountable thereto Thus may the people be secured from tytrany The Covenant which hath been insisted upon for pollitique ends and still is much pressed by the Scots J beleeve may be stuck to till the promoters dissert it without any forced construction for thein sweareing an utter extirpation of popery prelacy with all dependance on that hirarchy It will necessarily follow that all coersive power inforcing an externall uniformitie must be taken away for this is the foundation of popery this is that spirit that sitteth in the Temple of God shewing it selle to be God and exalting it selfe above all that is called God by making lawes to binde the conscience in matters of faith And by the extirpation of the prelacy with all dependance on that Hierarchie will the ordination of the Ministrie received from them become null For their dependance is on that Hierachy from whence they had their institution to the office of the ministry The Prelates dare not presse this argument because of giving advantage to their adversaries of Rome from whence they had their own sending these two arguments from the best interpretation of the Covenant will easily beat them oft from that hold we may justly defend the government of the Kirk of Scotland against any that shall inforce any thing upon them contrary thereto either in doctrin discipline or worship we may likewise endeavour to bring the Churches of God in the three Kingdomes to as neare a conformitie to the word and the example of the best Reformed Churches as is possible still provided there be no humane force or power exercised to this purpose the weapons of the christian warfare are spirituall not carnall but mighty in operation to the destroying of spirituall wickednesse in high places to the bringing of the thoughts and imaginations of mens hearts into subiection according to the mind and will of God If conscientious people were but united upon this principle it would take off all cifferences in relation to spirituall things Having taken this boldnesse to write to you of matters of such general concernment in relation to the publique Give me leave to offer my thoughts in relation to the late transaction of affaires betweene the Army and the Parliament which are but stifled for the present and will questionlesse break forth to the cleare justification of the Army and those members of Parliament that came to them or otherwise make them culpable and justifie those Members that sate with Mr. Pellam The Breach between them and us was managed by the major part of the House whose commands we disobeyed upon just grounds but came not to a resistance till our way was made more cleare by that outrage in the City Tumult which made the Speakers and our friends fly to us for succour After which there remained neare six score in and about London and Westminster and not above seventy came to the Army Now without question the interest of the Houses Authority remained with those at London For by the custome of the Kingdom the House is included by fortie men which keep their fitting according to its precedent adjournment and they remaining being the highest visible authority in the Kingdom The question will be by what authority we marched up to London in defiance to their commands to the repelling of those Hostile powers contracted by their Authority and how the Army shall be justified or vindicated in such proceedings That which giveth me quiet and peace of Conscience is from these considerations First That when a Companie or Society of men who are invested with power from God and nature to preserve themselves and the Authorities over them command things unjust which will prove their ruin if obeyed It is cleare to me necessity hath no Law they may appeale to Heaven and Earth to beare witnesse to their cause and betake themselves to the prime Lawes of nature to preserve and defend themselves and may suppresse the Authority if they persist in prosecution of things destructive to the Communicie I know no other way of breaking tyrannicall Usurpations Now it is most cleare that the Parliament put the Army upon conditions which would have proved their ruin if they had yeelded to their will For if they had renounced their just Petition and swallowed that abominable Declaration and disbanded they had been cast upon their enemies mercy for their Indempnity and to have trusted those that had acted by secret Councels with the King for setling the Rights and Freedome of the Nation which we had contended for Secondly The consideration of the unequall Elections and Constitution of the House of Commons not representing the maior part of the Nation but Elections distributed according to the will of the King and his predecessors so that those who did not consent were only bound by a power of force and the maior part not consenting are not oblieged when there being come in competition Thirdly The Houses departing from their first integrity of communicating impartial Justice by vertue of that act of continuance during pleasure grew into parties and Factions and neglected to settle the government of the Kingdom in order to the period of their sitting but rather its probably indeavoured to be perpetuall Dictators so as to deprive the Nation of that changeable Law making