A LETTER SENT TO GENERAL MONK, To St. Albon's the 29 of January. WHEREIN The Ancient Government of England founded upon MAGNA CHARTA, and the Petition of Right, is vindicated and proved to be a popular and free Commonwealth; All the marks of Sovereignty being in the people. TOGETHER With an Expedient for admitting the Members excluded in 48, and composing all differences, and settling the Nation upon a sure Basis of PEACE. LONDON, Printed for the Author, 1659. A LETTER TO GENERAL MONK. Right Honourable, THis Letter was intended you, before yours to the Devonshire Gentlemen came forth, and therefore it may not be looked on as an answer, though in it you may find your objections answered, and an expedient proposed for future Settlement, which will be more for your honour to close with, than to join with an interest averse to the Spirit of the Nation. The credit of your Letter hath given birth to 100000. per mensem, and if you should not hasten filling up the House without laying snares for honest conscientious men, it's feared it may involve us in a speedy war, & lest this intended new Government might pretend to have something of freedom in it which the People wanted, I have considered our former constitution, without ravelin into matter of fact since the year 40, and have stated the cause of the Commonwealth, as it's now in the Parliament House, and under the consideration of the wisest, soberest, and most judicious out of the House; wherein a way of Settlement may be proposed, and prosecuted, as nigh as possible to the satisfaction of all persons concerned; the pillars of the people's liberty being these two excellent Laws Magna Charta, and the Petition of Right, do so well preserve the property and liberty of all sorts and ranks of men, that the single person could not legally encroach upon the Nobility and Gentry, nor they upon the Commonalty, each had such a check upon other, that they were a balance each to other, and were as necessary to each other as the hand to the head, or the head to the feet, each contributing his part to make a complete & free Commonwealth, more free than which, never was any. For the single person was so limited and bounded by his oath to Govern according to Law, and by Law no former Law or Statutes can be repealed, no new one made or introduced, but what is moved in the popular counsel, and there debated and considered whether it be for the good of the People. And if upon the debate it be not found in all, or in part pro bona Publica, it's laid aside. Secondly, the single person had no power to take from them the least part of their Estates without their own consents in Parliament, nor to imprison their persons without the cause be signified in the warrant, and then it ought to be by a legal Magistrate, which in a certain time is bound to prosecute, which being not done, the person cannot be denied a Habeas Corpus, and the Judge is bound to set him at Liberty, the party grieved hath a good Action against the Officers that illegally imprisoned him, notwithstanding the Kings Warrant under Hand and Seal; For the Government doth so well provide against Tyranny and Arbitrariness, that whatever person puts the King's illegal commands in execution shall suffer for breach of the Law, and the King's Warrant cannot justify him, and upon that reason was that ancient maxim grounded. That the King can do no wrong, which has only relation to his politic capacity; So that it is very perspicuous to every eye, that the Government of this Nation is a popular and free Commonwealth, all the marks of Sovereignty being in the people, for the negative voice and execative part of the Government, in the intervals of Parliament they were no way a diminution of the people's freedom; for what ever emergency the single person had, he could raise no money but by Parliament, and in Parliament they never conseded to raise any money, except the King gratified them in their desires, that is, to grant those Laws they proposed, so that he was necessarily, and consequently constrained to grant their Laws, otherwise his necessities were left unredressed; As to the Militia, it was placed in men's hands of Estates and Interest, the Officers being men of quality, the Soldiery were composed of the Farmer and Yeoman, who cannot be thought would join against Law and Reason with the Lust and Ambition of any single person, to abridge themselves and their posterity of any just freedom they enjoyed as their Birthright. Besides they had no particular obligation to obleage them to the King, for they were not his mercinaries raised to support his Prerogative, but those that lived upon their own Estates, and were put in trust to preserve the peace of the Country according to Law, both against foreign invasions, and domestic insurrections; and it were a thing impossible to imagine that they could ever be so besotted, as to change their Liberty for Slavery, as some do vainly dream; On the contrary it hath been too evident in our Hemisfere of late years, how easy it is to persuade and lead mercenary Soldiers to the subvertion both of Law and Religion, and to convert those that were raised for the strength, defence, and liberty of the Commonwealth, to become the absolute Lords and Masters thereof; the late sad experience of this truth I shall leave to your serious consideration. I acknowledge that several Kings have attempted, making themselves absolute, but in perusal of the History, you shall find that no King of England since Henry the 3ds. time, who first granted the Charter, hath ever gotten by contending with his Subjects, but lost; and their Favorets and Counsellors were brought to ignominious deaths. It will be too long for a Letter to recite the particulars, and we see the great Charter confirmed 32 times by Act of Parliament; Sir, It's judged that a people with good Laws, and good Magistrates, may live happily under a Monarchy, Astrocrasie or democracy; the form of Government, neither adds nor diminisheth, for we shall find in History both applauded and condemned, it is good Laws and good Magistrates only gives the difference; and therefore no wise good man will be an instrument to change a Law or Government upon a people, against the genius and spirit of the people, for principally every body operates to his own good; If the greatest part of the men of interest, of honesty, and wisdom, centre in a Government (excepting only some few which are biased by sinister and selfish principals;) It is both the duty and wisdom of every honest and good man, to contribute as much as lies in him to the strengthening of their interest. I have but a word more, the Government of this Nation is Parliamentary; Parliaments elected, sitting and voting freely, that every Member chosen by the people may freely sit and vote before he is adjudged uncapable by a Legal and fair Trial, that no Member may be obstructed by a force without: God hath made you instrumental in removeing one force, that you may be truly instructed in the State of the case, to remove all force from this present Parliament; I recommend you to Mr. Prynnes book, The Cause of the secluded Members Vindicated; You will meet with objections and obstructions, and they hang simply upon those two great propositions. First, how to secure both Lives and Estates of all that have acted since 47. Secondly, and how to maintain the good old Parliaments cause, undertaken for the good of the Subject in the year 40. I have a short expedient to offer you; As to the first, that you will endeavour that six of the secluded Members, viz. Mr. Pierepoint, Mr. Crew, Sir William Waller, Sir Gilbert Garret, Sergeant Maynard, and Mr. Ansley, may be Commissioners appointed of the one side; Lord St. john, Sir Anthony Ashley-Cooper, Mr. Weaver, Mr. Letchmore, Colonel Morley, Colonel Hutchinson, on the other part; and in case there should be any difference, wherein they should not agree, that three moderate men may be chosen as Umpires for the healing our Breaches, and composing these differences amongst us; Whereby this poor Nation may hope for a settlement: It hath been your honour to stand in the gap, to resist the most wicked and arbitrary design that ever was laid to ensnare a people; It is now your wisdom and interest to espouse the interest and good of this Nation for a future consistency and settlement, and therefore you ought not to seek the pleasing of some few selfish ambitious persons, to the disgust of the whole; Fellow your wont moderation and wisdom, but give not your Country cause to believe you will leave them destitute of a friend in this day of trouble. When you come to London, you will find yourself Courted by all parties; The Lord be your Council and Guide, for you now walk upon the edge of a knife, but he that walks uprightly walks surely. As to You second, if the Parliament be left free, and the Persons and Estates of all that have acted under any Government since 47. be secured by an Act of Oblivion and indemnity, and an assurance of any Estate that hath been made over by the present Authority, or any Authority which acted since the first interruption, either by reimbursement of the money, with use, or confirmation of the Estate by Act of Parliament; Who can distrust that Parliament, (which hath a public Spirit) that managed the heat of the War from 42. to 47. against the late King's interest? But they will settle the Nation upon a Basis of Righteousness, and Public preservation against all Tyranny and Tyrannical usurpation whatsoever; I crave pardon for this trouble, and beseech you for God and your poor Country's sake, that you be not slow to consider some expedient, that may be righteous and equal for the settling of this Nation, which will give you increase of Honour, as you increase in years here, and leave you a Reputation full of Glory to Posterity. I Remain Right Honourable Your most Affectionate Humble Servant, H.N. FINIS.