To the Honourable the grand Councell of the Army.

THe humble desires of us the Officers, and Soldiers of his Excellencies Regiment of Foot, are, that this Honourable Councell would be plea­sed to satisfie us upon what grounds Major White formerly chosen by us for our Agitator, is dismissed from a capacitie of discharging that trust by us re­posed in him, whom we have ajudged both honest and faithfull, and have no solid grounds as yet to thinke otherwise of him, and we doe subscribe out selves yours and the kingdoms servants according to our Engagement in the faithfull discharge of our duties.

To the Right Honourable his Excellency Sir Thomas Fairfax Generall.

IT is my desire, that honour may be given to whom honour is due, and here is no man living more honourable in my account then your selfe, it would be an injuri us thing to detract from you where in you have mer [...]itted in the deliverance of this people so farre as now is. But seeing the end is not accom­plished, nor yet in a visible way for compleat deliverance, give me leave to plead with your Excellency in the behalfe of my selfe and the people, and to tell you, that your Excellency and the Army, are bound in duty towards God and this Nation, to endeavour a perfect deliverance in as much as humaine providence can provide for the setting the people free, which was the moving cause of our first taking up Arms, and seeing the Parliament which was the authority by whom we were directed, and were no [...] properly the judges of the peoples freedome, did endeavour the continuance of more servill bondage, being perswaded thereunto by the prevailance of the Pres­byterian faction of this kingdome and of Scotland, who made it the end of their desires only to unsadle the Bishops, and bring in the King to confirme the Presbyterie, and to make their faction most prevalent in Courts, with little [Page 5]care to gratifie the exhausted Commons for the expence of so much [...] blood, we waited long after the subduing of our enemies power. For the Par­liaments setling the Kingdom in peace & freedom, but contrary to our and the peoples expectations we were provoked to resist their authoritie, and to repell all power they could procure against us, theirs and the kingdomes best friends without asking who should be judge of the justnesse thereof, they or the Ar­my, it is easie when the sun shinoth, for men to tell whether it be light or darke.

And if any power now remaining, shall proceed in wayes of injustice, to support their selfe interest by the helpe of a publique ministry, crying up au­thoritie to maintaine their greatnesse, it will be in vaine to imagine, the conti­nuance thereof, certainly the highest and most legall authority in this king▪ come will appeare to be the Commons in Parliament, yet now I dare with confidence speake it, they are not the highest power.

That is properly the highest power that is best able to act, and that only the power of God among men, so long as they doe what is just, and are a terrour to evill workes, the Army now at your and his command in all just things, is the highest power visible in this Kingdome, and if you see not a good Government established for the weale of the people, according to equity and reason, it will lye upon your Excellencies and the Armyes ac­count.

Now whether it be safe for the Army and people to set up the King by an act of Oblivion, and generall pardon, and to give him a neggative voyce by consent, which before hath beene in dispute; I leave your Excellency to judge, seeing no Ordinances of Paliament can be made Lawes upon this ac­count, but by his consent it will be of little worth to the people, to have [...] perpetuall Parliament or a Bieniall, which you please, it is a vaine thing for any to flatter themselves with the advantage of the command of the Meli­tia, by sea and land for ten yeares, when all the Judges of the Land are cor­rupt, and plead the Kings interest, and bound to it by oath, and the Lawes of the Land, and no way left for defence, but the Sword, which will prove but little, succour, to a poore man especially.

Whether we have any reason to set up the King upon those tea [...]mes, see­ing how cloose he sticks to his own partie, or whether he will not in seaven yeares, in all likely hood by pollicie, be a greater Conquerer, then he could have beene by the Sword? I leave it to your Excellency, and all wise men to judge, if your Excellency shall be pleased to consider these things with can­did interpretation of my former actions knowne to your selfe, it will appeare that with integritie, I have sought no other interest, then the generall free­dome of the people, and that which I spake in Counsell or else where, for [Page 4]which I was expelled, and made uncapable of discharging that trust, I can make manifest to be most true, only a judged unseasonable to crosse the By­as of some mens affections, which we may have cause to wish a remedie, for when the oppertunitie is past, it will appeare no weakning of your authority, by indeavouring to prevent the faltering your negative voyce, over the grand Councell of the Army, who are to judge of satisfaction and securitie in relation to dividing, or disbanding, or to declare any thing to the King­dome▪ in the name of the Army: this no way altereth the conduct, as a Ar­my acting in this capacity.

It is farre from my heart to desire the seting up the power and force of the for continuance, though I affirme as the condition of the Kingdome now is, there is no superintendent authoritie, but what is exercised by the power and force of the Sword, and of necessitie for some time must be so, if we immediately give up ourselves to the authority of Parliament, I know not but that all those which have been our opposers, not exempted, may soon appeare too numerous for them that came to the Army, and the Minor glad to call for our helpe againe, as was the saying of one soon after our re-insta­ting them, that they were not able to carrie on the businesse without our hel­ping them, I know the people have cause to blesse God that the swords is in the hands of men of such integritie to the publique, that desire the continuance of the same no longer then all a happie government be established, wherein there needs no such pollicle to be used, as the making use of a publique mini­strie to preach up a states designe, but that is may be fi [...]me, distinct from the Clergie, and all men to receive justice in what capacitie soever, to tast of sub­jection as well as di [...]soveraignity, which is impossible to be brought to passe without establishing the supreame law, making power in the Commons in Parliament and that changable, successively by an indub [...]tate Right, as in reason it should be so to the people, there is no friend to Englands freedome, will oppose this in the restoring the kingdome to its antient Liberties as be­fore the Conquest, and if your Excellencie will with courage as hath been ne­ver wanting, make this your worke, you will never want the assistance of hands and heart of the people.

Now I shall only crave pardon for my troubling your Excellencie, and re­maine your Excellencies servant in the recovering of Englands freedome.

YOu being unsatisfied in what I had delivered at the Generall Councell of the Army, I gave you some account. But seeing it was not satisfactory, I proceed to give you a more full relation of my principles, with indeavours to cleare the same.

Your demands were thus, that seeing I affirme there is no visible superin­tendent authoritie in the Kingdome, but what is exercised by the power and force of the Sword, you desire to know under what authority I stand in this Regiment as Major, I answered you.

That I was made Major of the Generalls Regiment by Commission from himselfe before we had repelled the power which the City and Parliament had raised against the Army, but after the authority of the Parliament was disobeyed & the power they could procure against us, theirs & the peoples best friends repelled,) and yet those Members that acted or voted against us, sitting in Parliament as ours and the Kingdomes judges, I acted no more under that account to the Parliament, but only under the authority of the Generall, by vertue of the Solemn Engagement of the Army, and by the approbation and consent of the Regiment, not one man denying when J presented my selfe their Major, J also said that the Army was the highest power now visible in this kingdome, and the Generall in chiefe authority, and a man whom J would obey in all commands from him that I did receive, which were just and honest according to my understanding, and that if he commanded me any injust thing, J would not observe it, nor act therein. J affirming that all authority is but ministeriall in the persons, and that neither God, nor the people hath given them authoritie to doe any unjust thing, neither will any people willingly be oppressed with injustice, and that the commands of a Superior Authoritie doe not justifie the inferior in unrighteous actions.

J further declare, that whatsoever action is set for ward by vetrue of au­thoritie, that is unjust, and pressed by power of stronger power may resist and suppresse their power and the authorities also, if they persist in the prosecuti­of it.

It is the equitie of a thing that maketh it lawful. I know the strong man ar­med keepeth his house, till a stronger then he commeth, I have well confide­red the words of the Apostle, Romans the 13. saying, Let every soule be subiect [Page 7]to the higher powers, For there is no power but of God, the powers that be, we ordained of God, and they that resist shall receive to themselves damnation. For rulers are not a terror to good workes, but to evill, wilt thou then not be afraid of the power, doe that which is good, and thou shalt have praise of the sam [...].

Here the case is cleare, the powers that be are of God, even all powers in the world, now J affieme that that is properly power that is able to act wher­soever it is, and may resist the uniust commands of authoritie, and if the au­thoritie doe gather strength to inforce their uniust commands then may the power iustly cast of obedience, and defend themselves, and repell their strength by force, this principle must of necessitie be granted or else all warre either offensive or defensive is unlawfull, and we have done evill in fighting against the Kings force, and likewise in suppressing those powers raised in London by the Parliament. J acknowledge the Parliament if once purged of those Members that assisted the King in the former warre, and of those that voted the raising of a new warr, to be the most legall and supreame au­thority of this Nation, though not so legall as it ought to be. And J affirme the Army the highest visible power, and to be commanded and directed by the Parliament, and bound to obey all things iust which are commanded by them, it is cleare to me, the Maior part in them oft visible capacitie to act, is the highest power, and he that resisteth them is culpable of the breach of this Scripture laid down be the Apostle, only observe this, every gainesaying is not resisting, and J will never resist any power, unlesse J thought J sinne if J did not.

But if a Maior in a Nation rise up to procure iustice and supp esse the Mi­nor, it is cleare to me they are the highest power and may iustly appoint au­thority over themselves and all that shall concurre with them, or consent thereto for their well being and safety, and may not be charged of resisting the highest power.

There is no forme of government by divine appointment, but the voice of the people is the voice of God as much for one as another, and that is the most legall and iust authoritie which is set up by consent, and that legally by judging, but to the generation that appointed it. For the father hath not pow­er to ingage the sonne bus by consent, and may not iustly make him a slave. Children are only to obey their parents in the Lord, that authority that is set up by force is to be obeyed in all just things, but if it grow corrupt and de­part from the wayes of iustice and righteousnesse, then may a people iustly de­liver themselves from their oppressors, and repell their power by force. I tooke up armes at the first in iudgement and conscience against the Kings power to procure deliverance for this people and Nation of my nativitle, from the oppression and iniustice that was exercised by the King and his Ministers, [Page 7]and likewise opposed the Parliament upon the same grounds, and shall againe with heart and hand oppose tyranny and iniustice whersoever J find it, [...] shall inable me and make me a cleare way and call thereunto.

J know the [...]e is a divine power over all the creatures in the world, and God suffereth the Divell to deceive men so, that out of zeale toward God, they thinke they doe him service to distroy the Persons of his people, and seeing there is such actings to distroy honest people, J account it my duty to­wards God and the people, to indeavour by all meanes to preserve them, and my self knowing, that if J doe not use what meanes God giveth to preserve naturall life, J am accessary to my own ruine, and become a self murtheter.

Jt is not difficult to be understood, that the authority and government of this kingdome, was set up by force, by the Norman Conquerer, and by po­licie and force fastned by his successors to these times, winding in the people into snares by craft, imposing oaths of Alleagence and Supremacie, &c. set­ting up a publique ministrie to preach up the authoritie divine, and to be ac­countable to God only, strengthning it by the Gentry, which receive honour one of another, the King being the fountaine of th [...]s honour, and all Lawyers having dependance on the King, plead his interest, and likewise the Law for­fitting him as much as the invention of man can imagine. But what reason can be given, that one mans wit should contradict the wisedome of 400 the wisest men that can be chosen in a Nation, I know not; or that all lawes that a people shall chuse for their well being and safety, should be accounted of as acts of grace and favour from a single person, unless it were in his power to consum them, or they in his hands, as the clay in the hands of the potter? It is beyond my capacitie to conceive the equitie thereof, this is no other but the adoring that image spoken of in Daniell the second, which shall be as ch [...]ffe before the threshing flowre, verse 26.

Now that the Armie, Parliament, and Citie and Commons of the Land, which have ioyned with them, should aske the King an act of oblivion, and generall pardon after they have conquered his power, is most preposirous and ignorane, and will clearly in my judgement through the guilt of blood, which is little thought of upon themselves, and make him meerly passive, which hath been most active.

Now for the prevention of those mischiefes that may fall upon us, and for the setling a firme peace for the safety of the whole, J see no other way but to stand to the House of Commons, who first called us together, and with the con­sent of the people establish the supreame law making power in their House, which are the most proper representative of the people, and to procure that changeable and equally chosen for the future by an indubitat [...] right.

J am sencible that if we should receive an act of oblivion from the King, [Page 8]which I never will accept of, yet may the next King call us [...] account, or if he will nor, yet the law will, which is a written setter, and will [...]ill us, and hang the Iudges if prosecuted, which shall give sentence contrary thereto, we have some experience hereof in the case of Iames Symballs, Crab, White, and Ward, which were all sentenced to the confiscation of their estates and to im­prisonment, during the Kings pleasure, for speaking words against the King, in the time of the late wars, and at the Armies marching through London, some of them had inlargement by Mr. Devenish, for which he was fined 60. l. to the King, and some remaine in prison at this day, notwithstanding i [...] hath been insisted upon by the Armie for their inlargement.

The like example of a Soldier of Col. Rocestors Regiment, sentenced by Iudge Reeves and Bacon, contrary to the Law of Arms, notwithstanding the Parliament gave them instructions not to meddle in matters of the Military affaires and the Generall sent his letter to them desiring he might be sent to the Army to be tryed at the Martiall-law as a Soldier ought to be. For all this the Iudges writ to the Generall, which letter I red, signed with their names, that they could not doe it, and in another letter from Col. Twisselton, then Major, informing that the Iury brought in verdict not guilty, yet the Iudges sent them backagaine, tell they brought in their verdict for man slaughter, and then the Souldier was burned in the hand. If such affronts and sufferings may be put upon an Army in full power and strength, I know not what may our mischiefes, nor where or when our miseries may end, if we have not sure securitie before the power of the Army be scattered, and before I would be so regardlesse of those Soldiers that had acted in this imployment, I would sa­crifice, my life in pleading for their deliverance.

I see no sufficient securitie, but by turning the currant of the lawes to run in the name of the Commons of England, which will be for the generall safetie, which is the ground and primitive end of all law.

Deare Sir, ny heart is towards you and all men, with affection and love, even to the most bitter enemie I have, and I speak it in the presence of God, J know no desire of my heart running after profit or honour or with any a [...]i­mossitie against any mans person, or generall partie, but desire that pure ju­stice may be exercised, which is part of the image of the diety, if not part of the essence. I desire that the poore of this people may be raised to a condition of livelyhood and subsistance, and that prisoners may be executed, judged, or restored, and not have their prisons made places of execution, which were ne­ver ordained to that end, but to keep persons in custodie tell time of tryall. I desire not a dissolution of all government, or a partie that hath been retorted. For I know so long as there is corruption among men, there must be govern­ment to suppresse licentiousnesse and wrong, and to incourage godlinesse [Page 10]and honesly according to the light of God manifest. It would be no difficult thing to cleare these principles from the law of nature, Scripture, and Reason.

It is farre of my thoughts for promoting any design for a partie, or to pro­cure the alteration of the conduct of the Army either in whole or in part, or particular person, for I thinke the Officers to be the creame of the Army, and the Army, such as is not parralell in the world, and if their judgements be convinced, and their way cleare, for action I am confident they would not feare the power of the earth, it is wicked pollicie will be their greatest mischiefe.

We have had to much experience of former declarations, Protestations, and promises, and though the parties meane really to performe them, yet one party may turn over another, and they may be easily trampled upon, and soone forgotten, therefore what reason have we to trust the King, or any o­ther for our future security, I know not. J am sure that if the King be set up without further diminition of the regall power then is provided in the propo­salls of the Army, we shall never want subtill tormentors. J admire what stu­piditie it is that lyeth upon the spirits of gallant men, that doe not feare the lookes of the most daring enemie in the field, and yet their hearts faile them, when they looke upon a single person.

But for a little the more cleare illustration of the maine subiect of the in­perintendent authoritie, J state a case parralell thus. The Lord Maior of Lon­don hath the command of the Militia, he hath likewise the Regall Authority for administration of iustice, he calls a Councell of Aldermen and Common Councell men to consider of some weighty affaires, and to determine of things for the weale of the City, there ariseth a great difference among the Councell in matters of great importance to the City the Lord Maior and part of the Aldermen and Common Councell will have it one way, the Maior part will have it another way. The difference causeth a breach, the Lord Ma­ior pleadeth the Royaltie of the command of the Malitia, to force them to his and his parties prerogative principles, he calleth in the corrupt partie to his assistants, many [...]ich Marchants, Monopolizers, with all his officers that a [...]ecotrupt, and all such as feare justice, the Major part of the Councell call in the trades men, and all the free Commons of the City to defend their just rights and liberties, who willinglie assist them, and by whose meanes and helpe they subdue the Lord, Major and his partie, after which the Lord Ma­jor by flatterie, and the helpe of his agents, gaineth the Major part of that Councell, which directed the Commons, the Councell plead his interest; and seeke to put insufferable abuses upon the power that did preserve them, and those that were most faithfull▪ they reproach and contemn, and seeke to put in [...]amie upon them, the powers beate long with much parience, but when [Page 11]they see no way but ruine designed them, they refuse the commands of this authority that commanded them, and seek to deliver themselves and their friends from apparent ruine, and are cleare and justifiable in the suppressing the injustice of their authority, after which the said Lord Major corrupteth some of the leaders of that power, and by the assistance of all his former par­ties that feare justice, or are ambitious, or coveteous for profit or honour, he is in a faire way, with a little losse to gaine the day, whether the power re­maining being the highest visible in order, may not preserve themselves, I leave you to judge, when those that have acted against this power, and are declared enemies to this power, and that they will not suffer those usurpers and intruders to sit as their and the rest of the Commons Iudges, where then is the visible super-intendent authority, I beseech you resolve me, it needs no applycation.

I am sure that it is power that first maketh authoritie to command in just things, God himselfe had not authority over any thing, tell he had made some thing by his power to be at his command, it is evident that power set­leth authoritie, as in most kingdomes of the world, the authority and govern­ment hath been established by the power and force of the sword, and the people made subject to evill for feare, which I desire may not be so with us. For my own part I doe not stand in feare of the power, when I doe what is just by the testimony of a good conscience, I feare not them that kill the bo­dy only and can doe no more▪ I will be accountable for all actions to the high­est power, and if I cannot justifie my selfe, I will aske God and man forgive­nesse, or suffer what God shall permit with joy, J know my own infirmities, passion, and weaknesse, I know my own heart is deceitfull, yet if men and Dive [...]s prosecute me, I shall appeare righteous and just through Christ before God my father, in whom I have my inioyment, peace, reconciliation, union and comfort, which maketh my heart more glad, then any worldly man is in the increase of his treasure. Now if there be any thing here written which appears to you errors, I desire you to endeavour to convince me, and I shall renounce the same, I leave it to your understanding, and to the God that gi­veth wisedome, I shall pray both for you and my selfe, that he will give us wisedome and teach us love and meeknesse, that we may live together in peace, and happinesse, and keep union in the wayes of righteousnesse, which is the desire of him, who hath, is and shall be tell death, a servant to you, and the Commons of England.

I Did n [...] seeke occasion to publish these seaven heads ensuing, which were extracted out of many more, which the Officers of the Gen. Regiment had [Page 11]drawn up as a charge against me, and likewise backing the same with a dec [...] ­ [...]ation against the Case of the Army, and the Agents of the five Regiments of Horse, promising the Generall their assistance to suppresse such principles as I held forth, and likewise to suppresse those persons that had published that book in the name of five Regiments, which they said were not 15. men▪ I little expected such proceedings from those that had declared themselves so much my friends, and said, my heart is as your heart, and we will stand and fall together.

One Friday the 13. October when all the Officers were appointed to attend at the Head Quarters of the Regiment, as is our custome once a weeke, they then made their demands, wh [...]ch I told them I was not bound to give them account after ou [...] meeting, they come all to my Quarters, and desires in away of love to be satisfied in my principles, but Ju [...]s like with a kisse to betray me they drew up their Articles from the tenor of my discourse in the garden, but the Lord reward them, I shall endeavour to doe them a courtesie for the same, desiring not to be overcome with evill, but to overcome evill with good. I would have read this paper of my account to them, before they pre­sented their Articles and Declaration, but they desired me to read it to them afterward which J did, yet notwithstanding some would not heare with af­fection, nor consider, but proceed with their businesse, and after my extract­ing them into seaven heads, they al [...]ered their Declaration, and desired me to signe it, which wou [...]d have been rediculous, I refused it, and three Cap­taines there present, and some Lievtenants and Ensignes.

There being divers Articles drawn up by some Officers of the Gen. Regi­ment, which they brought to me, desiring to know of me whether I would own them as my principles, is they charged them. I finding them imperfect to what I had spoken, drew up these ensuing as followeth, and signed them with my own hand.

• 1. That there is no superintendent Authority in this Kingdome, but what is exercised by the power and force of the sword.
• 2. That the whole government of the kingdome, und [...]r all the lawes that have been since the Conque [...], is, or ought to be made null, that are contrary to equitie, and such [...] government to be established, that all persons may ta [...] of subjection as well as rule, which is impossible to be brought to passe, without establishing the supream law, making power in the representative of the peo­ple, and that changeable.
• 3. That the Generall doth not stand so strong by vertue of his Commission from the Parliament, as he doth by vertue of the solemn Engagement of the Army.
• 4 That whatsoever commands I shall receive from the Generall, I will o­bey [Page 12]if just, and if in my approbation they appeare not just, I will not obey them. And if there be prosecution to distroy me for refusing unjust com­mands, I will preserve my selfe by power if I can, and this libertie I conceive every person in the kingdome ought to have.
• 5. That the Maior part in the most visible capacitie to act, is the highest power, and may refuse the injust comm [...]nds of superior authority.
• 6 That the Parliament men▪ that sate with Mr. Pellam, were as much a Parliament, as those that sate when the Members went to the King, and un­lesse the House be purged of those persons, that are unduly elected, and likewise of those persons that voted the raising a [...]ew warre, declared us [...]ers and intruders by the Army, the Parliament is no Parliament, and ought not to be the Army and kingdoms Iudges.
• 7. That the lawes of the Kingdome that were imposed or setled by policie and strength from the Conquerer and his successors, which are adjudged pre­iudiciall to the people by the Commons, may be adhered, and that the Army are bound in duty and conscience to God and the people to see it performed.