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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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own power by which time that great and supream trust reposed in you shall be returned into the hands of the People from and for whom you received it that so you may give them satisfaction and assurance that what you have contended for against the King for which they have been put to so much trouble cost and losse of blood hath been only for their Liberties and common Interest and not for your own personall Interest or power 2. That with a period to this Parliament to be assigned as short as may be with safety to the Kingdom and publike Interest thereof there may be a sound settlement of the peace and future Government of the Kingdom upon grounds of common Right Freedom and safety to the effect here following 1. That from the end of this there may be a certain succession of future Parliaments Annuall or Bienniall with secure provision 1. For the certainty of their meeting sitting and ending 2. For the equall distribution of Elections thereunto to render the House of Commons as near as may be an equall Representative of the whole People electing 3. For the certainty of the Peoples meeting according to such Distributions to elect and for their full freedom in elections provided That none who have engaged or shall engage in War against the right of Parliament and interest of the Kingdom therein or have adhered to the enemies thereof may be capable of electing or being elected at least during a competent number of years nor any other who shall oppose or not ioyn in agreement to this settlement 4. For future clearing and ascertaining the power of the said Representatives in order to which That it be declared That as to the whole interest of the People of England such Representatives have and shall have the supream power and trust as to the making of Laws Constitutions and Offices for the ordering preservation and Government of the whole and as to the altering and repealing or abolishing of the same the making of War or Peace and as to the highest and finall Iudgement in all civill things without further appeal to any created standing power and that all the people of this Nation and all Officers of Iustice and Ministers of State as such shall in all such things be accountable and subject thereunto and bound and concluded thereby provided That 1. They may not censure or question any man after the end of this Parliament for any thing said or done in reference to the late Wars or publique differences saving in execution of such determinations of this Parliament as shall be left in force at the ending thereof in relation to such as have served the King against the Parliament 2. They may not render up or give or take away any the foundations of common Right Liberty or Safety contained in this settlement and Agreement But that the power of these two things last mentioned shall be alwayes understood to be reserved from and not entrusted to the said Representatives 5. For liberty of entring dissents in the said Representatives That in case of corruption or abuse in these matters of highest trust the People may be in capacity to know who are free therof and who guilty to the end only they may avoid the further trusting of such but without further penalty to any for their free judgements there 2. That no King be hereafter admitted but upon the election of and as upon trust from the People by such their Representatives nor without first disclaiming and disavowing all pretence to a negative voyce against the determinations of the said Representatives or Commons in Parliament and that to be done in some certain form more clear then heretofore in the Coronation Oath These matters of generall settlement viz. That concerning a period to this Parliament and the other particulars thencefollowing hitherto we propound to be declared and provided by this Parliament or by the authority of the Commons therein and to be further established by a generall Contract or Agreement of the People with their subscriptions thereunto and that withall it may be provided That none may be capable of any benefit by the Agreement who shall not consent and subscribe thereunto nor any King be admitted to the Crown or other person to any Office or place of publike trust without expresse accord and subscription to the same We have thus plainly and faithfully propounded our apprehensions how the evill and danger of the present Treaty may in good measure be avoyded and our further conceptions of a way wherein hopefully through the blessing of God if most men be not given up some to unjust domination or particular Interest the rest to servitude the Kingdome may be quieted future disturbances prevented the common Kights and Liberties provided for and the Peace and Government of the Kingdome setled to a just publick Interest and this wee have set forth in such heads and particulars which if you l but set aside for the time lesse important matters may most of them be brought to effect and the rest assured and put into a good way of effect within a few Moneths so as you might then ease the Kingdome from the burthen of the greatest part of that force which otherwise in case of Accommodation with the King you will be necessitated for a much longer time probably for many yeares to keep on upon the publick charge unlesse upon the Accommodation you would give up all to the Kings power againe and expose those that have engaged against him as sacrifices to his and the Cavaliers Revenge And for our parts let but that way of Iustice be effectually prosecuted and the settlement of the publick Interest upon such foundations as are afore propounded be assured to us and the Kingdome and put into a course of effect which as we said before might well be in a few moneths and we shall not only imbrace with chearfulnesse but shall with eagernesse desire discharge from our present service and shall be most ready to disband all or part as shall be thought fit the Arrears of the soldiery being satisfied We shall therefore earnestly desire that these things may be minded and prosecuted effectually and that nothing may interrupt them save what shall be for immediate and necessary safety And that to avoid interruptions from such things as are not necessary or lesse proper for Parliamentary considerations or Debates you would leave all private matters and things of ordinary Justice and right to the Lawes and present proper Officers and Administrations thereof untill better can be provided and commit all ordinary matters of State to the mannage of a fit Councell of State sufficiently impowred for that purpose and assisted with the addition of some Merchants in relation to the ballancing security and advance of Trade so as you may be the more free for the present to intend those aforesaid Considerations of publique Justice and the settlement of the Kingdom upon just and safe foundations of publike interest and
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 LONDON Printed for John Partridge and George Whittington in Black Fryers at the gate going into Carter Lane and at the blue Anchor in Cornhill MDCXLVIII TO The right Honorable THE COMMONS of ENGLAND Assembled in PARLIAMENT The humble Remonstrance of his Excellency Lord General Fairfax and his general Councel of Officers held at St Albans Thursday the 16. of Novemb. 1648. OUR Tender regard to the Priviledges and Freedom of Parliament on which our hopes of common Freedome and Right do so much depend and our late experience what Offence many even honest men seem to have taken and what advantage evill men have made of our least interposing in any thing of Civill consideration to the Parliament hath made us for a long time hitherto as it should alwayes make us even to utmost extremity to attend in silence the Councels and determinations of Parliament concerning all matters of that nature whatsoever but finding you to have been of late upon those transactions of highest moment whereupon the life or death of all our Civill Interest does depend and that the publique affairs in your hands not without the influence of forcible Impulsions from your Enemies and such as have been stirr'd up by them are brought to the utmost crisis of danger which calls upon every man to contribute what help he can and seeing no effectuall help from elsewhere to appear we cannot be because in conscience and duty to God and men we hold our selves Obliged in such case not to be altogether silent or wanting in ought we can honestly say or do to hold off impending ruine from an honest people and a good Cause We are not ignorant that that Rule of Salus populi suprema Lex is of all others most apt to be abused or mis-applyed and yet none more surely true it is too ordinary especially of late times for men who either from intentions of evill or inordinate temper of spirit would break those bonds of Law and Magestracie which they finde to restrain them to frame pretences of publique danger and extremity thereof and from thence immediatly to assume a liberty to break or else neglect and flye above the due bounds of Order and Government and stir up others to the same pleading priviledge from that vast large rule of Salus populi c. from such mis-applications whereof great disturbances do oft arise and confusion is indanger'd and yet we know the same may be justly pretended and followed and that where it is from honest publique intentions and upon cleer grounds with very happy effects We have seen in this our age severall instances in both kinds and the hand of God bearing testimonie and giving Judgment for some and yet against others where the pretensions have been the same or so like as it was hard for humane judgement to distinguish And indeed since the right or wrong of such proceedings depends chiefly upon the good or ill publique or selvish sircere or corrupt intentions of the parties pretending which humane judgment cannot ordinarily reach into and partly upon the justness or caussesness necessitie or lightness of th' occasion taken from those against whem the pretence is which again depends partly upon their carriages and partly upon their intentions the latter whereof is not cleerly or properly under mans judgement and the former without a full knowledge of particulars not easie for man to give a certain judgment of therefore as the engaging upon such pretences and principles does alwayes imply and is for most part expresly accompanied with appeals to God for Iudgment so 't is the proper work of God to bear true witnesse and give righteous judgment in such cases and as he is alwayes engaged to do it sooner or later cleerer or darker so in this Age and part of the world he hath seemed both to make haste to judgment in such cases to give it quick and speedy and also to make bare His Arm therein that men may see it and hath appeared as a severe avenger against such pretenders where it hath been in falshood and with evill or corrupt intentions so also a discountenancer thereof even where 't hath been with good intentions if not necessary in the grounds or from impatient temper of spirit and yet in other Cases where as the ends have been publike and the intentions upright so the grounds weighty the case necessary in relation to those ends and the proceeding sober temperate and but proportionable to the ends grounds and necessitie a just assertor and Patron of the Right and Vindicator of the hidden Truth and simplicitie of the pretenders by a glorious presence with them and successe to them in such proceedings Neither wants there ground for men to make some judgment therein For certainly he that engageth upon such pretences really for publique ends and but upon publique necessitie or extreamitie and with a sober spirit all which must concur to their full justification therein will both try first all honest wayes possible with safetie in those ends whereby he may accomplish them and avoyd the danger if possible with due regard to and by concurrence or with preservation of the Magistracie and Government unwhich God hath set him before he will flye to wayes of extremitie neither will he when ingaged therein proceed further or longer in that way against or without the Magestracie then that first necessitie or some other emergent upon the proceeding does justly leed and the securitie of the ends require not driving that pretence of necessity further to serve or advantage himselfe or perpetuate those wayes of extremity but when the necessitie or danger is over and the publique ends secured will return to Magistracy and Order again and mean while so act in all as carefully to avoyd both injury to the innocent and offence to the weak and as subjecting or expecting and ready to subject all to an indifferent and equall judgment even of men if and when it can be found and really indeavouring to find it For our parts both prudentiall considerations and the experience we have of the danger that is in the least breaking or letting loose or entangling the reines of Order and Government upon such pretences makes us most tender of it as that which is never otherwise to be used or admitted then as a desperate cure in a desperate case and at the utmost perill as well of them that use it as of those for whom and the experiences we have seen of Gods righteous Judgments in such cases as it makes us not apt without trembling and fear to think of such proceedings so much the more strict to observe all the aforesaid cautions concerning them and yet where just occasion