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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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THE COPIES of Severall LETTERS Contrary to the opinion of the present powers Presented to the Lord Gen. Fairfax AND LIEVT GEN. CROMWELL By Francis White Maior of his Excellencies Regiment of Foot London Printed by T. Paine for Tho. Slater and Stephen Bowtell 1649. To the Reader HAving for some yeares been an Actor in the Affaires of the late warres and likewise an observer of the proceedings of State in which I have been concerned more then every private person I have therefore offered my Judgement and declared my opinion in matters of highest concernment to my Lord Generall and Lievt Gen. Cromwell and had no great desire to have published what I have written But hearing by many of my friends that it is generally reported by most that have heard of me that I have now declined my principles and am turned Cavalier The reason of this Conception is because J declared my Discent to the taking away the life of the King But to manifest to the world the truth and innocency of my heart J have published these following Letters to shew that J was of the same Judgement formerly as J now continue as may appear in my Letter sent to Lievt Gen. Cromwell almost a yeare agoe and what J have written to my Lord Generall although contrary to the opinion of the present powers J thought my self bound in Conscience to performe to preserve my own inward peace For although some men make no conscience of their Ingagements Vowes and Oaths yet J hope God will give me power rather to suffer death then destroy my life J know that my Judgement is not infallible yet notwithstanding J must keep close to my Principles untill J am convinced of Error J have here declared my Principles and purpose to stand in the prosecution of the publique service with faithfulnesse whiles God by his grace doth inable me Francis White March the 20. 1648. The Copie of a Letter presented to his Excellency the Lord Fairfax Generall My Lord I Am a Member of your Army and included in all actions done by the Disciplinary power whiles I silently consent thereto and I would never appear a Discenter to any thing that tends to publick good although never so prejudiciall to my particular interest but rather then I would submit to any thing of essentiall publick prejudice to the people or to destroy my inward peace I would expose my self to a temporall destruction For God is my witnesse I do not so much fear them that can kil the body onely as I do him that is able to cast both bodie and soul into hell so farre as I have been imployed in the common work I have chearfully acted or born my publick testimonies and I hope for ever shall My Lord I have taken notice of many Petitions from almost all the Forces in England and from divers people of the Countreys which supplicate for many good things which they desire your Excellency to procure In all which good things I do heartily concur with their Petitions but I have observed this as one thing generally desired that they may have execution of Justice upon the King and as far as I can perceive it is generally intended by the Officers of the Army and the Members of the present House of Commons to take away the life of the King But with submission to your Excellency I desire leave to declare my discent and upon grounds conscientious for these Reasons following First Because there are no clear grounds by any Legall Authority to take away the life of the King Secondly It is contrary to our first Ingagement and our generall Professions Vows and Covenants to God and the world Thirdly I do not discern it will produce any generall good to the Nation but rather the contrary Having declared my opinion and the chief Reasons for the same I desire your Lordship to read these following Lines for the clearing of those Reasons and the justifying my integritie and innocency in former actings At the first taking up of Arms I was sensible of the oppression and injustice which was exercised by the King and his Ministers upon the people he exalting himself to act beyond all Laws which his Predecessors and himself had bound themselves by consent to observe He raising Arms to inforce the exercise of his power to the maintaining an absolute tyranny over the Nation was the chief ground of my opposing him and I have freely acted in the affairs of War to the subduing of his power and the vindicating of the peoples just Rights and claim to the disposall of the Military power without his consent In the prosecution of this service I have been as free from seeking revenge upon the Person of the King as to violate my own life The chief end I seek is the preservation of the righteous people with the safetie and well being of the whole and if possible without taking away the life of Charles Steward King of England First I say I do not understand how it may be done by any Legall Authority according to the Kingly Government though it may be a just thing yet I know not how it may justly be done I never heard of any Throne erected in the earth either by God or men for the judging of a King untill the erecting of this late tribunall at Westminster All the Judgement Seats that are legally erected in this Nation were made by King Lords and Commons but the King ever did exempt himself from personall judgement by vertue of the Military Regall and Legislative power which he retained in himself which was gotten by the Sword of his Predecessors and kept by Traditionall dissent although the people since the Conquest have had the libertie of choosing Laws so that he did not set up Laws and Judicatures legally at his will yet there was no Law made nor Judicatures erected but by his will although he agreed the people should have the power of choosing Laws yet he determined that he would keep the power of confirming Laws so that no Law was ever made without his will And if it be throughly examined we may finde that the King hath no other right to the Military Regall and Legislative power then the Sword did constitute and invest him with by divine permission the people submitting thereto for fear and to avoid greatest mischief But now the King and his partie being conquered by the Sword I beleeve the Sword may justly remove the power from him and settle it in its originall fountain next under God the people But to judge or execute his person I do not understand any Legall Authority in being can justly do it I doubt not but the Sword may do it but how righteous judgement that may be that God and future generations will judge It is clear that the Military power is exalted above the Regall and Legislative power and is now come to the throne of God and under no other Legall Judgement untill there be a Legall Authority
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
erected as is offered in the Agreement to which it may submit And seeing God hath in righteousnesse for the sins of the people and their King brought us into this unhappie condition I therefore plead with your Excellency to use the sword with as much tendernesse as may be to preserve the lives of men and especially the life of the King And for my second reason Because we have made generall profession of preserving his person and whensoever any accused us of seeking the life of the King we alwayes denyed it untill this late Remonstrance Now Sir it is as reall a manifestation of a Christian a honourable and noble spirit as can be discovered to the world to be true to what it doth professe and to be the same in adversitie as in prosperity and in prosperity as it was in adversitie and it is more honourable to save the life of a conquered enemie then to destroy him For if he hath prosecuted his designes according to his judgement and conscience and were in the wrong way it was because God suffered the Devill to blind his understanding that he did not know the truth and it is better to let him live and learne to repent then to make hast to send him to destruction so that his remaining alive be not any generall prejudice or more mischievous then his death would be which would well be considered under the third reason I doe not understand any essentiall good can acrew to the people by the taking away his life For it is not so much the person that can hurt us as the power that is made up in the Kingly office by this corrupt constitution for if the person be taken away presently another layeth claime to the Kingly Office and for any thing I know hath as much right to the Dominion as his Predicessor had and will questionlesse have all the assistance that this person can procure for the attaining thereof and will be able to doe more mischiefe because he is at liberty and this under your power Againe This King being the King of Scotland and Ireland according to the Lawes in being they have an interest in his person as well as England notwithstanding he is under our power Now if you will iudge the Kingdoms of Scotland and Ireland in that which concernes their interest where you can claime no right it is a evident wrong and may give them iust offence and ground of quarrell against this Nation and by this may be of more preiudice to the whole then can be good to the particular I desire my Lord that we may issue a Christian spirit not rendring evill for evill but rather good for evill Although wicked men will deale wickedly with us yet let us deale mercifully with them and pardon and forgive as wee desire God should pardon and forgive us Jn this way J doe verily beleeve we shall be greater Conquerers then yet we have been if we can conquer ourselves and the affection of our enemies which this doth lead unto My Lord in all that I have written J am not against the judging of the King but J say it is by no legall Authority but only what the Sword exalteth although it be not an exact Marshal Court yet it is little different and not a Legitimate Authority to the King yet it may as iustly iudge him as ever he iudged the people and may dethrone him and divest him of all power and authority in the English Nation And I thinke it is necessary so far to proceed and to detaine him as a prisoner at war till hee may be delivered with safety to yourselves and the Nation I desire your Excellencies favourable Construction of what I have written and if it be not your Excellencies iudgement all that I desire for my satisfaction is That your Excellency will appoint such a Generall Councel as the Army in these parts shall be included by the Maior voice thereof if it be not concluded according to my Judgement yet therein shall I have my desire because J consent to be included by the Maior part to avoid division If this may not be granted then must I declare my discent and that it is an action done by vertue of the Disciplinary power of the Army by which J am not in this case willingly included and so I hope I shall preserve my self in innocency and peace and not be an instrument of the mischiefs and evils that may be brought upon this Nation by the taking away the blood of their King Having taken this Freedom to write to your Excellency I shall now take my leave and remain Your Lordships most humble Servant Francis White January the 22. 1648. To the Right Honourable His Excellency the Lord Fairfax Generall My Lord I Have for these six yeers been a servant to the publick in the affairs of the late Warce and for the most part under Your Excellencies conduct and I can speak it with confidence that no man hath been more faithfull to the people or to your Lordship in the prosecution of their interest then my self If I have erred in this work it hath been chiefly in too forward actings for the publick good and I would rather erre in the prosecution of my principles with zeal then in the abusing patience with sloath wherein I am convinced of offence from which no man is free I shall submit but rather then betray innocencie with cowardice I would perish My Lord I must needs inform you that my principles leads me to a concurrence with those people which joyned in the late Petition of the many thousands in the City of London and parts adjacent and must upon all lawfull occasions as I will vindicate my integrity use means for the accomplishing of the most essentiall parts of that Petition and if the prosecution of such principles be offensive to your self as to produce your Lordships prejudice for to remain under your Excellencies displeasure in my imployment as I am informed from some in neer relation to your Excellencie I do and that it hath been the reason of your Honors depriving me of a further trust by putting another over me to command your Excellencies Regiment which I had sought and conducted through the greatest difficult with successe and free from imputation or proving false to my trust in the least If it be true that your Honor bears prejudice to me for my principles then must I in faithfulnesse speak it I would rather quit my imployment then remain under your Lordships disaffection and jealousie in my command my Lord I am very sensible of my discouragement and intreat your Excellency to give me the manifestation of your affection and acceptance for the future or to let me know if it may not be that I may remove my self from being a burden to your Honors proceedings However I shall prove my self to be Your Lordships most humble Servant Francis White Knausburgh Septem 23. 1648. To the Right Honourable Lievt Gen. Cromwell
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