APPENDIX.

OF

ORIGINAL PAPERS.

Copy of a manuscript paper, written, it is probable, about the end of the year 1647, now, with many other original and valuable papers relating to the civil-wars, in the possession of Hans Wintrop Mortimer, Esq; of Lincoln's-Inn; which papers belonged formerly to col. Saunders of Derbyshire, colonel of a regiment of horse, &c.

THE freedome wee were borne to is so justly due to every Englishman, that whoever shall remember the vehemency wherewith the people did thirst after a parliament before they had this; the zeale wherewith they contributed to the late warre for defence of this freedome; and the success wherewith it hath pleased God to blesse those endeavours; will soone be satisfied, that there is no better cause in the world to engage upon: and therefore, the cause wee undertake at present, for which wee carry our lives in our hands, beinge the very same, will certaynly need no apology for itself, the only thinge that may seeme strange in these our actings, being the irregular manner of prosecuting our undoubted rights.

Herein wee desire it may be considered, That all ordinary means, and some extraordinary, have beene already attempted, and, after much patience, proved altogether fruitless:

That the parlament hath made noe other use of the many signal opportunities put into their hands, than to continue their sitting at Westminster, and dividing the public treasure amongst themselves:

That the chiefe officers of the army, (though pretending to keepe up the forces under them for the people's good, and to see the same accomplished in a short time) have yet made noe other use of their power, than to continue and enlarge their own commands:

That besides our being dissapointed of the fruit so long expected, and being made more slaves every day than other to committees,

and sundry other arbitrary courses; even in the most legal proceedings wee find soe much corruption, tediousnesse, chargablenesse, and obscurity practised and abetted by officers of all sorts, that the law itself is become noe protection to us in our properties or liberties:

Wee find that barbarous course still maintained of imprisoning men for debt, thereby hindering them from the use of their lawful callings; though they have nothinge else wherewith to satisfy their creditors, or to preserve themselves, and their families from starvinge:

Wee find that the restraininge men's persons att pleasure, without cause rendered, and during pleasure, was never more frequent:

Wee find that tythes, whose beginninge was superstitious, and is found by experience to oppress the poor husbandman, and to be vexatious to all manner of people, and prejudicial to the commonwealth; were never soe rigorously and cruelly exacted as at present:

Wee find taxes to be multiplied without number, or hopes of end, and excise soe cruelly exacted, that noe man knows what is, or what shall be his owne; and although many millions of moneys hath been levied and payed, both voluntarily and by compulsion, yet noe accompt is given how they have beene expended; but the public debts are dayly encreased instead of beinge satisfied, and such vast sums of money payed dayly out of the public treasurie for interest unto some with usurers, as is almost incredible:

Wee find the trade of the nation (which the parlament promised at the first to advance) to be generally decayed, that without speedy remedy the nation cannot long subsist:

Wee find the poore to be wholly disreguarded and oppressed, and thousands of families suffered to beg their bread, and many to perish with hunger:

But herein our condition hath beene rendered most desperate, that wee have not beene suffered to represent our miseries to the parlament, and petition for redress; but persons have beene imprisoned for petitioning, and orders issued out from parlament to suppress petitions: Considering therefore this deplorable estate of the commonwealth, and the apparent danger of being imbroyled againe each in others blood, unless a speedy settlement prevent it; and considering not only, that wee have attempted all regular wayes to procure reliefe for our longe oppressed country, but also that wee cannot with safety any longer offer our grievances and desires to parlament in petitions; and likewise consideringe that our slavery under arbitrary power is occasioned by the want of a settlement of a just and equal government, which if it were established would speedily ease us of all our common burthens; wee cannot bethinke ourselves of a more probable remedy, than to put ourselves, and invite our countrymen to joine with us, in a posture of defence, whereby wee may be secure from danger, and from being prevented of our good intentions by the opposition of such as have designed our slavery, while wee propound to all our dear country.

men (who are sure to bee concerned in sufferinge as much as if they were in office) some certaine grounds of common right and freedome, wherein they and wee might see reason to agree amongst ourselves, and thereupon to establish a firme and present peace. The particulars wee offer are as followeth.

1. That a period of time be set, wherein this present parlament shall certainly end.

2. That the people be equally proportioned for the choice of the deputies in all future parlaments; and that they doe of course meete upon a certaine day (once at least in two years) for that end.

3. That a contract be drawne and sealed betweene the people and their several deputies respectively, upon the day of the elections, wherein the bounds, limits, and extent of their trust shall be clearly expressed. As that they bee impowered with sufficient authoritie for executinge, alteringe and repealinge of lawes; for erectinge and abolishinge, judicatories; for appointinge, removing and callinge to account_magistrates, and officers of all degrees; for makeinge warre and peace, and treating with sovereigne states. And that their power do not extend to the bindinge of any man in matters of religion, or in the way of God's worship; nor to compell the person of any innocent man to serve against his will either by sea or land; nor to the makinge of any law, that shall be either evidently pernicious to the people, or not equally obligatory unto all persons without exception.

4. That for the security of all parties, who have acted on any side in the late public differences since the year 1640, and for preventinge all contentions amongst them; the people may agree amongst themselves, that no future parlaments shall question or molest any person for any thinge sayed or done in reference to these public differences.

5. That the great officers of the nation, as well civil as military, be often removed, and others put into their room, either every yeare, or every second yeare at farthest; to the end the persons employed may discharge themselves with greater care, when they know themselves lyable to a speedy account, and that other men may be encouraged to deserve preferment when they see the present incumbents not affixed to their offices as to freeholds.

6. That all determinating committees (except such as are necessary to be kept up for the managing of forces by sea and land) the chancery, and all other arbitrary courts, be forthwith dissolved; or at least all power taken from them, which they have hitherto exercised over men's persons or estates: and henceforward, as well ordinances as acts of parlament be executed in the antient way of tryals by juries.

7. That the huge volumes of statute laws and ordinances, with the penalties therein imposed, as well corporal as pecuniary, be well revised; and such only left in force, as shall be found fit for the commonwealth; especially that men's lives be more precious than formerly, and that lesser punishment than death, and more

useful to the public, be found out for smaller offences: that all lawes, writs, commissions, pleadinges and records be in the English tongue; and that proceedinges be reduced to a more certaine charge, and a more expeditious way than formerly: That no fees at all be exacted of the people in courts of justice; but that the public ministers of state be wholly maintained out of the public treasury.

8. That estates of all kinds, real and personal, be made lyable to debts; but noe imprisonment at all by way of punishment, nor in order to makinge satisfaction, which possibly can never be made, but only by way of security in order to a tryal for some criminal fact, to be determined within some short and certaine space of time; and that this power of restraininge mens persons be very cautiously allowed, to which end the benefit of Habeas Corpus to be in noe case denied by those whom it concerns to grant them.

9. That tythes be wholly taken away, the parishoners from whom they are due paying in lieu thereof to the state where they are not appropriate, and to the owners where they are, moderate and certaine rent-charge out of their lands: the ministers to be maintained, either by the voluntary contribution of such as desire to hear them, or else by some settled pensions out of the public treasury.

10. That as speedy and as perfect an account as may be, be given and published for the satisfaction of the people how those vast sums of money have been disposed of, that have been disbursed, voluntarily and otherwise, since the beginning of these troubles.

11. That soe soone as public occasions will possibly permit, the imposition of excise, and all other taxes upon the people be wholly taken away, and that in the mean time all care and diligence be used in taking away those occasions, and in the husbandly managing of the public revenues; and to that end that a ballance be made and declared of all public revenues and expences, and that a course be taken for paying all public debts and damages, so far as may be, and that the debts upon interest be discharged by sale of such lands and goods as are eyther properly belonginge or any wayes accrued to the state, and that they be sold to the best advantage.

12. That there be no less care taken for the growing wealth of the nation, consistinge originally in trade, which being our strength and glory, ought by mitigating the customs, and by all other good meanes, to be cherished & promoted.

13. That (though restoring peace and commerce be the surest way of providinge for the poor) yet some more effectual course may be found out than hitherto hath beene for the settinge those to worke who are able, for bringinge up of children to profitable employments, and for relievinge such as are past their labor, especially such as became so in the service of their country duringe the late warre.

14. That the affairs of Ireland be taken into á more serious consideration than heretofore, and that a peaceable way for reducing that nation may be once endeavoured; and in case that succeed

not, the war to be prosecuted with vigour and unanimity, as by God's blessinge wee may promise to ourselves a speedy end of those troubles, a timely reliefe to many famishing families there, and better intend the affairs of England.

Now considering that the settlement of the nations peace and freedome, hath beene constantly declared by the parlament to be their only end in engaginge in this last warre; and considering the many promises solemn vowes and oathes made by them to the people, to confirme them in the belief of their sincere intentions therein, wee should hope to find no opposition from them in our desires. But however wee cannot but be confident, that the souldiery of the army (who solemnly engaged at Newmarket in June last [June 5, 1647] to procure the same things in effect for the people, which are here propounded,) will so remember that solemn engagement as to shew their ready concurrence with us; and wee hope it will be clear to them, that there is noe other possible way to provide that sufficient indemnity (the want whereof first occasioned their refusal to disband) than what is here propounded; neither that there is any probable way to secure the arrears of the supernumeraries, (who are disbanded contrary to the solemn engagement) or of those continuing in armes. And at least wee cannot but promise ourselves the assistance of all the commons, who are not blinded by some self-interest, or engaged to continue the present consuming distractions by virtue of some asset or employment dependinge thereon.

But however wee intending wrong to noe man, nor any private advantage to ourselves, and the cause for which we appear beinge soe clearly just, wee repose our confidence in the most high God, to protect us from the malice and rage, both of all selfseekinge ambitious men, who affect lordlinesse and tiranny, and have designed the people's slavery, and a perpetuation of their own rule, and of all such mercenary vassals as they shall hire to destroy us, and keepe the yoke of slavery upon the people's necks. And wee doe hereby promise and engage to all our countrymen, that whensoever the settlement of the peace and freedome herein propounded shall be effected (all delayes wherein wee shall to our utmost possibilities prevent) wee shall gladly and chearfully return to our private habitations, and callings, enjoying only our equal share of freedome with all others in the nation.

Copy of a letter from O. Cromwell to (then) major Saunders of Derbyshire, dated June 17, 1648; superscribed "For your selfe;" and endorsed in major Saunders's hand writing as followeth, "The L. generalls order for takeing Sir Trevor Williams, and Mr. Morgan, sheriffe of Monmouthshire."

SIR,

I send you this enclosed by it selfe, because it's of greater mo

* In the hands of Hans Wintrop Mortimer, Esq;