back into Holland and thence to Orkney where he met with the said five East-India Ships and sent them home and then he endeavour'd to engage with Blake but a sudden Storm forced him to Sea and so dissipated his Fleet that only forty two came home in one Body the rest singly as well as they could Blake also came home but went first to the Coast of Holland with 900 Prisoners and six Men of War taken which were part of twelve which he found and took Guarding their Busses This was the first Bout after the War declar'd In August following there hapned a Fight between De Ruiter the Admiral of Zeland with fifty Men of War and Sir George Ascue near Plimouth with forty wherein Sir George had the better and might have got an entire Victory had the whole Fleet ingaged Whatsoever was the matter the Rump though they rewarded him never more imployed him after his return in their Service at Sea but Voted for the year to come three Generals Blake that was one already and Dean and Monk About this time Arch-Duke Leopold Besieging Dunkirk and the French sending a Fleet to relieve it General Blake lighting on the French at Calais and taking seven of their Ships was cause of the Towns Surrender In September they fought again De Wit and Ruiter commanding the Dutch and Blake the English and the Dutch were again worsted Again in the end of November Van Tromp with 80 Men of War shewed himself at the back of Godwin-sands where Blake though he had with him but 40 adventur'd to fight with him and had much the worst and night parting the Fray retir'd into the River of Thames whilst Van Tromp keeping the Sea took some inconsiderable Vessels from the English and thereupon as it is said with a Childish Vanity hung out a Broom from his Main Top-Mast signifying he meant to sweep the Sea of all English Shipping After this in Frebruary the Dutch with Van Tromp were encountred by the English under Blake and Dean near Ports-mouth and had the worst And these were all the Encounters between them this year in the narrow Seas they fought also once at Legorn where the Dutch had the better B. I see no great odds yet on either side if there were any the English had it A. Nor did either of them e're the more incline to Peace for the Hollanders after they had sent Ambassadors into Denmark Sweeden Poland and the Hans Towns whence Tar and Cordage are usually had to signifie the Declaration of the War and to get them to their Party recalled their Ambassadours from England and the Rump without delay gave them their parting audience without abating a Syllable of their former severe Propositions and presently to maintain the War for the next year laid a Tax upon the People of 120000 l. per Mensem B. What was done in the mean time at home A. Cromwel was now quarrelling the last and greatest Obstacle to his Design the Rump and to that end there came out daily from the Army Petitions Addresses Remonstrances and other such Papers some of them urging the Rump to dissolve themselves and make way for another Parliament to which the Rump unwilling to yield and not daring to refuse determin'd for the end of their sitting the 5th of November 1654. but Cromwel meant not to stay so long In the mean time the Army in Ireland was taking Submissions and granting Transportations of the Irish and condemning who they pleased in a High Court of Justice erected there for that purpose Among these that were executed was hang'd Sir Phelim Oncale who first began the Rebellion in Scotland the English built some Citadels for the bridling that stubborn Nation and thus ended the year 1652. B. Come we then to the year 1653. A. Cromwel wanted now but one step to the end of his Ambition and that was To set his Foot upon the Neck of this Long-Parliament which he did April the 23th of this present year 1653. a time very seasonable for though the Dutch were not master'd yet they were much weakened and what with Prizes from the Enemy and squeezing the Royal Party the Treasury was pretty full and the Tax of 120000 l. a Month began to come in all which was his own in right of the Army Therefore without any more ado attended by the Major Generals Lambert and Harrison and some other Officers and as many Souldiers as he thought fit he went to the Parliament-house and dissolv'd them turn'd them out and lock'd up the Doors and for this Action he was more applauded by the people than for any of his Victories in the War and the Parliament men as much scorn'd and derided B. Now that there was no Parliament who had the Supreme Power A. If by Power you mean the right to Govern no body had it if you mean the Supreme Strength it was clearly in Cromwel who was obeyed as General of all the Forces in England Scotland and Ireland B. Did he pretend that for Title A. No but presently after he intended a Title which was this That he was necessitated for the defence of the Cause for which at first the Parliament had taken up Arms that is to say Rebell'd to have recourse to extraordinary Actions You know the pretence of the Long-Parliaments Rebellion was Salus Populi the safety of the Nation against a dangerous Conspiracy of Papists and a Malignant Party at home and that every man is bound as far as his Power extends to procure the safety of the whole Nation which none but the Army were able to do and the Parliament had hitherto neglected was it not then the General 's Duty to do it had he not therefore right for that Law of Salus Populi is directed only to those that have Power enough to defend the People that is to them that have the Supreme Power B. Yes certainly he had as good a Title as the Long-Parliament but the Long-Parliament did represent the People and it seems to me that the Soveraign Power is essentially annexed to the Representative of the People A. Yes if he that makes a Representative that is in the present case the King do call them together to receive the Soveraign Power and he divest himself thereof otherwise not nor was ever the lower House of Parliament the Representative of the whole Nation but of the Commons only nor had that House the Power to oblige by their Acts or Ordinances any Lord or any Priest B. Did Cromwel come in upon the only Title of Salus Populi For this is a Title very few understand A. His way was to get the Supreme Power conferr'd upon him by Parliament therefore he call'd Parliament and gave it the Supreme Power to the end that they should give it to him again was not this witty First therefore he published a Declaration of the Causes why he dissolv'd the Parliament the sum whereof was That instead of endeavouring to promote the good of God's people
they endeavour'd by a Bill then ready to pass to recruit the House and perpetuate their own Power Next he constituted a Council of State of his own Creatures to be the Supreme Authority of England but no longer than till the next Parliament should be call'd and met Thirdly he summon'd a hundred forty two Persons such as he himself or his trusty Officers made choice of the greatest part of whom were instructed what to do obscure Persons and most of them Phanaticks though stil'd by Cromwel men of approv'd Fidelity and Honesty to these the Council of State surrendred the Supreme Authority and not long after these Men surrendred it to Cromwel July the fourth this Parliament met and chose for their Speaker one Mr. Rous and called themselves from that time forward the Parliament of England But Cromwel for the more surety constituted also a Council of State not of such petty Fellows as most of these were but of himself and of his principal Officers These did all the business both publique and private making Ordinances and giving Audience to Foreign Ambassadors But he had now more Enemies than before Harrison who was the Head of the Fifth-Monarchy-Men laying down his Commission did nothing but animate his party against him for which afterward he was Imprisoned This little Parliament in the mean time were making of Acts so ridiculous and displeasing to the People that it was thought he chose them on purpose to bring all Ruling Parliaments into contempt and Monarchy again into Credit B. What Acts were these A. One of them was That all Marriages should be made by a Justice of Peace and the Banes asked three several days in the next Market None were forbidden to be married by a Minister but without a Justice of Peace the Marriage was to be void so divers wary Couples to be sure of one another howsoever they might repent it afterwards were married both ways also they Abrogated the Engagement whereby no man was admitted to sue in any Court of Law that had not taken it that is that had not acknowledged the late Rump B. Neither of these did any hurt to Cromwel A. They were also in Hand with an Act to Cancel all the present Laws and Law-Books and to make a new Code more suitable to the Humor of the Fifth-Monarchy-Men of whom there were many in this Parliament their Tenent being That there ought none to be Soveraign but King Jesus nor any to Govern under him but the Saints but their Authority ended before this Act passed B. What is this to Cromwel A. Nothing yet but they were likewise upon an Act now almost ready for the Question That Parliaments hence forward one upon the end of another should be Perpetual B. I understand not this unless Parliaments can beget one another like Animals or like the Phoenix A. Why not like the Phoenix Cannot a Parliament at the day of their Expiration send out Writs for a new one B. Do you think they would not rather Summon themselves anew and to save the labour of coming again to Westminster sit still where they were or if they summon the Counties to make new Elections and then Dissolve themselves by what Authority shall the People meet in their County-Courts there being no Supreme Authority standing A. All they did was absurd though they knew not that no nor this whose Design was upon the Soveraignty the Contrivers of this Act it seems perceiv'd not but Cromwel's Party in the House saw it well enough and therefore as soon as it was laid there stood up one of the Members and made a Motion that since the Common-Wealth was like to receive little benefit by their Sitting they should Dissolve themselves Harrison and they of his Sect was troubled hereat and made Speeches against it but Cromwel's party of whom the Speaker was one left the House and with the Mace before them went to White-Hall and surrendred their Power to Cromwel that had given it them and so he got the Soveraignty by an Act of Parliament and within four days after viz. December 16th was Installed Protector and took his Oath to observe certain Rules of Governing engrossed in Parchment and read before him the writing was called The Instrument B. What were the Rules he sware to A. One was to call a Parliament every third year of which the first was to begin September the third following B. I believe he was a little Superstitious in the Choice September the third because it was lucky in 1650 and 1651 at Dunbar and Worcester but he knew not how lucky the same would be to the whole Nation in 1658. at White-Hall A. Another was That no Parliament should be Dissolv'd till it had sitten five Moneths and those Bills that they then presented to him should be passed within twenty days by him or else they should pass without him A third That he should have a Council of State of not above twenty one nor under thirteen and that upon the Protectors Death this Council should meet and before they parted chuse a new Protector There were many more besides but not necessary to be inserted B. How went on the War against the Dutch A. The Generals for the English were Blake and Dean and Monk and Van Tromp for the Dutch between whom was a Battel fought the second of June which was a Month before the beginning of this little Parliament wherein the English had the Victory and drove the Enemies into their Harbours but with the loss of General Dean slain by a Cannon-shot This Victory was great enough to make the Dutch send over Ambassadors into England in order to a Treaty But in the mean time they prepared and put to Sea another Fleet which likewise in the end of July was defeated by General Monk who got now a greater Victory than before And this made the Dutch descend so far as to buy their Peace with the payment of the Charge of the War and with the acknowledgment among other Articles that the English had the right of the Flag This Peace was concluded in March being the end of this year but not proclaimed till April the Money it seems being not paid till then The Dutch War being now ended the Protector sent his youngest Son Henry into Ireland whom also some time after he made Lieutenant there and sent Monk Lieutenant General into Scotland to keep those Nations in Obedience Nothing else worth remembring was done this year at home saving the discovery of a Plot of Royalists as was said upon the life of the Protector who all this while had intelligence of the Kings Designs from a Traytor in his Court who afterwards was taken in the manner and kill'd B. How came he into so much trust with the King A. He was the Son of a Colonel that was slain in the Wars on the late King's side Besides he pretended Employment from the Kings loyal and loving Subjects here to convey to his Majesty Money as
City had serv'd the Parliament in the whole War B. Yes but for the City the Parliament could never have made the War nor the Rump ever have murdered the King A. The Rump considered not the Merit of the City nor the good nature of the General they were busie they were giving out Commissions making of Acts for Abjuration of the King and his Line and for the Old Engagement and conferring with the City to get Money The General also desir'd to hear Conference between some of the Rump and some of the secluded Members concerning the Justice of their Seclusion and of the hurt that could follow upon their re-admission and it was granted After long Conference the General finding the Rumps pretences unreasonable and ambitious declar'd himself with the City for a free Parliament and came to Westminster with the secluded Members whom he had appointed to meet and stay for him at White-Hall and re-placed them in the House among the Rumpers so that now the same Cattle that were in the House of Commons in 1640. except those that were dead and those that went from them to the late King at Oxford are all there again B. But this methinks was no good service to the King unless they had learnt better Principles A. They had learnt nothing the major part was now again Presbyterian 'T is true they were so grateful to General Monk as to make him General of all the Forces in the three Nations They did well also to make void the Engagement but it was because those Acts were made to the prejudice of their Party but recalled none of their own Rebellious Ordinances nor did any thing in order to the good of the present King but on the contrary they declar'd by a Vote that the late King began the War against his two Houses B. The two Houses considered as two Persons were they not two of the Kings Subjects If a King raise an Army against his Subject is it lawful for the Subject to resist with force when as in this case he might have had Peace upon his submission A. They knew they had acted vilely and sottishly but because they had always so greater than ordinary wisdom and godliness they were loth to confess it The Presbyterians now saw their time to make a Confession of their Faith and presented it to the House of Commons to shew they had not changed their Principles which after six Readings in the House was voted to be printed and once a year to be read publickly in every Church B. I say again this re-establishing of the Long Parliament was no good service to the King A. Have a little patience they were re-established with two Conditions one to determine their sitting before the end of March another to send out Writs before their rising for new Elections B. That qualifies A. That brought in the King for few of the long-Long-Parliament the Country having felt the smart of their former service could get themselves chosen again This new Parliament began to sit April the 25. 1660. How soon these called in the King with what Joy and Triumph he was receiv'd how earnestly his Majesty pressed the Parliament for the Act of Oblivion and how few were excepted out of it you know as well as I. B. But I have not yet observ'd in the Presbyterians any Oblivion of their former principles we are but return'd to the state we were in at the beginning of the Sedition A. Not so for before that time though the Kings of England had the right of the Militia in vertue of the Soveraignty and without dispute and without any particular Act of Parliament directly to the purpose yet now after this bloody dispute the next which is the present Parliament in proper and express terms hath declar'd the same to be the Right of the King only without either of his Houses of Parliament which Act is more instructive to the people than any Arguments drawn from the Title of Soveraignty and consequently fitter to disarm the Ambition of all seditious Haranguers for the time to come B. Pray God it be so howsoever I must confeâ—â— that this Parliament has done all that a Parliament can do for the security of our peace which I think also would be enough if our Preachers would take heed of instilling evil Principles into their Auditory I have seen in this Revolution a circular motion of the Soveraign Power â—through two Usurpers from the late King to this his Son for leaving out the power of the Council of Officers which was but temporary and no otherwise owned by them but in trust it moved from King Charles the First to the Long Parliament from thence to the Rump from the Rump to Oliver Cromwel and then back again from Richard Cromwel to the Rump thence to the Long Parliament and thence to King Charles the Second where long may it remain A. Amen And may he have as often as there shall be need such a General B. You have told me little of the General till now in the end but truly I think the bringing of his little Army entirely out of Scotland up to London was the greatest Stratagem that is extant in History FINIS
France against King Henry the Fourth wherein the Kings had a more considerable part on their sides than the Pope had on his and shall always have so if they have money for there are but few whose Consciences are so tender as to refuse money when they want it but the great mischief done to Kings upon pretence of Religion is when the Pope gives power to one King to Invade another B. I wonder how King Henry the Eighth so utterly extinguished the Authority of the Pope in England and that without any Rebellion at home or any Invasion from abroad A. First The Priests Monks and Friars being in the heighth of their Power were now for the most part grown insolent and licentious and thereby the force of their Arguments was now taken away by the scandal of their lives which the Gentry and men of good education easily perceived and the Parliament consisting of such persons were therefore willing to take away their Power and generally the Common people which for a long time had been in love with Parliaments were not displeased therewith Secondly The Doctrine of Luther beginning a little before was now by a great many men of the greatest Judgments so well received as that there was no hope to restore the Pope to his Power by Rebellion Thirdly The Revenue of the Abbies and all other Religious Houses falling hereby into the Kings hands and by him being disposed of to the most eminent Gentlemen in every County could not but make them do their best to confirm themselves in the possession of them Fourthly King Henry was of a nature quick and severe in the Punishing of such as should be the first to oppose his designs Lastly As to Invasion from abroad if the Pope had given the Kingdom to another Prince it had been in vain for England is another manner of Kingdom than Navarre besides the French and Spanish Forces were imployed at that time one against another and though they had been at leasure they would have found perhaps no better success than the Spaniard found afterwards in 1588. Nevertheless notwithstanding the Insolence Avarice and Hypocrisy of the then Clergy and notwithstanding the Doctrine of Luther if the Pope had not provoked the King by endeavouring to cross his Marriage with his second Wife his Authority might have remained in England till there had risen some other quarrel B. Did not the Bishops that then were and had taken an Oath wherein was among other things that they should defend and maintain the Regal Rights of St. Peter the words are Regalia Sancti Petri which nevertheless some have said are Regulas Sancti Petri that is to say St. Peter's Rules or Doctrine and that the Clergy afterwards did read it being perhaps written in Shorthand by a mistake to the Pope's advantage Regalia Did not I say the Bishops oppose that Act of Parliament against the Pope's and against the taking of the Oath of Supremacy A. No I do not find the Bishops did many of them oppose the King for having no power without him it had been great imprudence to provoke his Anger there was besides a Controversy in those times between the Pope and the Bishops most of which did maintain that they exercised their Jurisdiction Episcopal in the Right of God as immediately as the Pope himself did exercise the same over the whole Church and because they saw that by this Act of the King in Parliament they were to hold their Power no more of the Pope and never thought of holding it of the King they were perhaps better content to let the Act of Parliament pass in the reign of King Edward the Sixth the Doctrine of Luther had taken such great root in England that they threw out a great many of the Pope's new Articles of Faith which Queen Mary succeeding him restored again together with all that had been abolished by King Henry the Eighth saving that which could not be restored the Religious Houses and the Bishops and Clergy of King Edward were partly burnt for Hereticks partly fled and partly recanted and they that fled betook themselves to those places beyond Sea where the Reformed Religion was either protected or not persecuted who after the decease of Queen Mary returned again to favour and preferment under Queen Elizabeth that restored the Religion of her Brother King Edward and so it had continued to this day excepting the interruption made in this late Rebellion of the Presbyterians and other Democraâ—ical men But thus the Romish Religion were now cast out by the Law yet there were abundance of people and many of them of the Nobility that still retained the Religion of their Ancestors who as they were not much molested in points of Conscience so they were not by their own Inclination very troublesom to the Civil Government but by the secret practice of the Jesuites and other Emissaries of the Roman Church they were made less quiet than they ought to have been and some of them to venture upon the most horrid Act that ever had been heard of before I mean upon the Gunpowder Treason and upon that account the Papists in England have been looked upon as men that would not be sorry for any disorders here that might possibly make way to the restoring of the Pope's Authority and therefore I named them for one of the distempers of the State of England in the time of our late King Charles B. I see that Monsieur du Plesis and Dr. Morton Bishop of Durham writing of the progress of the Pope's Power and intituling their Books one of them The Mystery of Iniquity the other The Grand Imposture were both in the right for I believe there was never such another cheat in the world And I wonder that the Kings and States of Christendom never perceived it A. It is manifest they did perceive it How else durst they make War against the Pope and some of them take him out of Rome it self and carry him away Prisoner but if they would have freed themselves from his Tyranny they should have agreed together and made themselves every one as Henry the Eighth did Head of the Church within their own respective dominions but not agreeing they let his Power continue every one hopeing to make use of it when there should be cause against his neighbour B. Now as to the other Distemper by Presbyterians How came their Power to be so great being of themselves for the most part but so many poor Scholars A. This Controversie between the Papist and Reformed Churches could not chuse but make every man to the best of his Power examine by the Scriptures which of them was in the right and to that end they were translated into Vulgar Tongues whereas beâ—â—â— the Translation of them was not allowed nor any man to read them but such as had express Licence so to do for the Pope did concerning the Scriptures the same that Moses did concerning Mount Sinai Moses suffered no man to
but his Trial and Execution were deferred a long time till January 10. 1643. for the entertainment of the Scots that were come into England to aid the Parliament B. Why did the Scots think there was so much danger in the Arch-Bishop of Canterbury he was not a Man of War nor a Man able to bring an Army into the Field but he was perhaps a very great Politician A. That did not appear by any remarkable events of his Councils I never heard but he was a very honest man for his Morals and a very zealous promoter of the Church Government by Bishops and that he desired to have the Service of God performed and the House of God adorned as suitably as was possible to the honour we ought to do to the Divine Majesty But to bring as he did into the State his Former Controversies I mean his squablings in the University about Free Will and his standing upon Punctilio's concerning the Service-Book and its Rubricks was not in my opinion an Argument of his sufficiency in Affairs of State About the same time they passed an Act which the King consented to for a Triennial Parliament wherein was Enacted That after the present Parliament there should be a Parliament call'd by the King within the space of three years and so from three years to three years to meet at Westminster upon a certain day named in the Act. B. But what if the King did not call it finding it perhaps inconvenient or Hurtfull to to the Safety or Peace of his People which God hath put into his Charge for I do not well comprehend how any Soveraign can well keep a People in order when his hands are tiâ—d or when he hath any other Obligation upon him than the benefit of those he Governs And at this time for any thing you told me they acknowledged the King for their Sovereign A. I know not but such was the Act And it was farther Enacted That if the King did it not by his own Command then the Lord Chancellour or the Lord Keeper for the time being should send out the Writs of Summons And if the Chancellour refused then the Sheriffs of the several Counties of themselves at the next County Courts before the day set down for the Parliaments meeting should proceed to the Election of the Members for the said Parliament B. But what if the Sheriffs refused A. I think they were to be sworn to it but for that and other particulars I refer you to the Act. B. To whom should they be sworn when there is no Parliament A. No doubt but to the King whether there be a Parliament sitting or no. B. Then the K. may Release them of their Oath A. Besides They obtained of the King the putting down the Star Chamber and the High Commission Courts B. Besides If the King upon the refusal should fall upon them in Anger Who shall the Parliament not sitting Protect either the Chancellor or the Sheriffs in their Disobedience A. I pray you do not ask me any Reason of such things I understand no better than you I tell you only an Act passed to that purpose and was Sâ—gned by the King in the middle of February a little before the Arch Bishop was sent to the Tower Besides this Bill the two Houses of Parliament agreed upon another wherein it was Enacted That the present Parliament would continue till both the Houses did consent to the Dissolution of it which Bill also the King Signed the same day he Signed the Warrant for the Execution of the Earl of Strafford B. What a great Progress made the Parliament towards the ends of the most seditious Members of both Houses in so little time They sat down in November and now it was May in this space of time which is but half a year they won from the King the Adhearance which was due to him from his People they drove his faithfullest Servants from him beheaded the Earl of Strafford Imprisoned the Arch Bishop of Canterbury obtained a Triennial Parliament after their Own dissolution and a continuance of their own sitting as long as they listed which last a mounted to a total extinction of the Kings right in case that such a grant were vaild which I think it is not unless the soveraignty it self be in plain termes renounced which it was not but what money by way of subsidue or otherwise did they grant the King in recompence of all these his large concessions A. None at all but often promised they would make him the most glorious King that ever was in England which were words that passed well enough for wel meaning with the common People B. But the Parliament was contented now for I cannot imagine what they should desire more from the King than he had now granted them A Yes they desired the whole and absolute soveraignty and to change the Monarchical government into an Oligarchie that is to say to make the Parliament consisting of a few Lords and about 400 Commoners absolute in the soveraignty for the present and shortly after to lay the house of Lords aside for this was the design of the Presbyterian Ministers who taking themselves to be by Divine right the onely Lawful governers of the Church endeavoured to bring the same form of Government into the Civil state and as the spiritual Laws were to be made by their Synods so their Civil Laws should be made by the House of Commons who as they thought would no less be ruled by them afterwards than formerly they had been wherein they were deceived and found themselves out gon by their own Disciples though not in malice yet in Wit B. What followed after this A. In August following the King supposing he had now sufficiently obliged the Parliament to proceed no farther against him took a journey into Scotland to satisfy his Subjects there as he had done here intending perhaps so to gain their good wills that in case the Parliament here should levy Armes against him they should not be aided by the Scots wherein he also was deceived for though they seemed satisfied with what he did whereof one thing was his giveing away to the Aâ—olction of Episcopacy Yet afterwards they made a League with the Parliament and for money when the King began to have the better of the Parliament invaded England in the Parliaments Quarrel but this was a Year or two after B. Before you go any farther I desire to know the ground and Original of that Right which either the House of Lords or House of Commons or both together pretend to A. It is a question of things so long past that they are now forgotten nor have we any thing to conjecture by but the Records of our own Nation and some small and obscure fragments of Roman Histories And for the Records seeing they are of things only done sometimes justly sometimes unjustly you can never by them know what Right they had but only what right they pretended B.
was a putting of themselves into Arms and under Officers such as the Parliament should approve of Fourthly They Voted that His Majesty should be again desir'd that the Prince might continue about London Lastly They Voted a Declaration to be sent to His Majesty by both the Houses wherein they accuse His Majesty of a design of altering Religion though not directly Him but them that counsel'd Him whom they also accus'd of being the Inviters and Fomenters of the Scotch War and Framers of the Rebellion in Ireland And upbraid the King again for accusing the Lord Kimbolton and the Five Members and of being privy to the purpose of bringing up His Army which was rais'd against the Scots to be employ'd against the Parliament To which His Majesty replied from Newmarket Whereupon it was Resolv'd by both Houses That in this Case of extream Danger and of His Majesties Refusal the Ordinance agreed upon by both Houses for the Militia doth oblige the People by the Fundamental Laws of this Kingdom And also that whosoever should execute any Power over the Militia by colour of any Commission of Lieutenancy without Consent of both Houses of Parliament shall be accounted a Disturber of the Peace of the Kingdom Whereupon His Majesty sent a Message to both Houses from Huntingdon Requiring Obedience to the Laws Established and Prohibiting all Subjects upon pretence of their Ordinance to Execute any thing concerning the Militia which is not by those Laws warranted Upon this the Parliament Vote a standing to their former Votes as also That when the Lords and Commons in Parliament which is the Supreme Court of Judicature in the Kingdom shall declare what the Law of the Land is to have this not only questioned but contradicted is a high Breach of the Priviledge of Parliament B. I thought that he that makes the Law ought to declare what the Law is for what is it else to make a Law but to declare what it is so that they have taken from the King not only the Militia but also the Legislative Power A. They have so But I make account the Legislative Power and indeed all Power possible is contain'd in the Power of the Militia After this they seize such Mony as was due to His Majesty upon the Bill of Tunnage and Poundage and upon the Bill of Subsidies that they might disable him every way they possibly could They sent Him also many other contumelious Messages and Petitions after His coming to York amongst which one was That whereas the Lord Admiral by indisposition of Body could not command the Fleet in Person He would be pleased to give Authority to the Earl of Warwick to supply his place when they knew the King had put Sir John Pennington in it before B. To what End did the King entertain so many Petitions Messages Declarations and Remonstrances and vouchsafe His Answers to them when He could not choose but clearly see they were resolv'd to take from Him His Royal Power and consequently His Life For it could not stand with their safety to let either Him or His Issue live after they had done Him so great Injuries A. Besides this the Parliament had at the same time a Committee residing at York to spie what His Majesty did and to inform the Parliament thereof and also to hinder the King from gaining the People of that County to His Party so that when His Majesty was Courting the Gentlemen there the Committee was Instigating of the Yeomanry against himâ— to which also the Ministers did very much contribute so that the King lost his opportunity at York B. Why did not the King seize the Committee into his hands or drive them out of his Town A. I know not but I believe he knew the Parliament had a greater Party than he not only in Yorkshire but also in York Towards the End of April the King upon Petition of the People of Yorkshire to have the Magazine of Hull to remain still there for the greater security of the Northern Parts thought fit to take it into his own hands He had a little before appointed Governor of the Town the Earl of Newcastle but the Townsmen having been already corrupted by the Parliament refused to receive him but refus'd not to receive Sir John Hotham appointed to be Governor by the Parliament The King therefore coming before the Town Guarded only by a few of his own Servants and a few Gentlemen of the Country thereabouts was deny'd Entrance by Sir John Hotham that stood upon the Wall for which Act he presently caused Sir John Hotham to be proclaim'd Traytor and sent a Message to the Parliament requiring Justice to be done upon the said Hotham and that the Town and Magazine might be delivered into his hands To which the Parliament made no Answer but instead thereof published another Declaration in which they omitted nothing of their former Slanders against His Majesties Government but inserted certain Propositions declarative of their own pretended Right viz. I. That whatsoever they declare to be Law ought not to be question'd by the King II. That no Precedent can be Limits to bound their Proceedings III. That a Parliament for the Publick Good may dispose of any thing wherein the King or Subject hath a Right and that they without the King are this Parliament and the Judge of this Publick Good and that the King's consent is not necessary IV. That no Member of either House ought to be troubled for Treason Felony or any other Crime unless the Cause be first brought before the Parliament that they may judge of the Fact and give leave to proceed if they see Cause V. That the Sovereign Power resides in both Housâ—s and that the King ought to have no Negative Voice VI. That the Levying of Forces against the Personal Commands of the King though accompanied with his presence is not Levying War against the King but the Levying of War against his Politique Person viz. his Laws c. VII That Treason cannot be committed against his Person otherwise than as he is intrusted with the Kingdom and discharges that Trust and that they have a Power to judge whether he hath discharged his Trust or not VIII That they may dispose of the King when they will B. This is plain-dealing and without hypocrisie Could the City of London swallow this A. Yes and more too if need be London you know has a great Belly but no palate nor taste of Right and Wrong In the Parliament Roll of Henry IV. amongst the Articles of the Oath the King at his Coronation took there is one runs thus Concedes Justas Leges Consuetudines esse tenendas promitos per te eas esse protegendas ad honorem Dei corroborandas quas Vulgus elegerit Which the Parliament urged for their Legislative Authority and therefore interpret quas Vulgus elâ—gerit which the People shall choose as if the King should swear to protect and corroborate Laws before they were
made whether they be Good or Bad whereas the words signifie no more but that he shall protect and corroborate such Laws as they have chosen that is to say the Acts of Parliament then in being And in the Records of the Exchequer it is thus Will you grant to hold and keep the Laws and rightful Customs which the Commonalty of this your Kingdom have And will you defend and uphold them c And this was the Answer His Majesty made to that Point B. I think his Answer very full and clear but if the words were to be interpreted in the other sense yet I see no reason why the King should be bound to swear to them for Henry IV. came to the Crown by the Votes of a Parliament not much inferior in wickedness to this Long Parliament that Deposed and Murdered their Lawful King saving that it was not the Parliament it self but the Usurper that murdered King Richard II. A. About a week after in the beginning of May the Parliament sent the King another Paper which they stil'd The Humble Petition and Advice of both Houses Containing Nineteen Propositions which when you shall hear you shall be able to judge what Power they meant to leave to the King more than to any of his Subjects The first of them is this I. That the Lords and other of His Majesties Privy Council and all great Officers of State both at home and abroad be put from their Imployments and from his Council save only such as should be approved of by both Houses of Parliament and none put into their places but by approbation of the said Houses And that all Privy Councillors take an Oath for the due Execution of their places in such form as shall be agreed upon by the said Houses II. That the great Affairs of the Kingdom be Debated Resolv'd and Transacted only in Parliament and such as shall presume to do any thing to the contrary to be reserv'd to the Censure oâ— the Parliament and such other Matters of State as are proper for His Majesties Privy Couneil shall be Debated and Concluded by such as shall from time to time be chosen for that place by both Houses of Parliament And that no Publick Act concerning the Affairs of the Kingdom which are proper for his Privy Council be esteemed valid as proceeding from the Royal Authority unless it be done by the Advice and Consent of the Major part of the Council attested under their Hands and that the Council be not more than 25 nor less than 15 and that when a Councillors place falls it shall not be supplied without the Assent of the Major part of the Council and that such Choice also shall be void if the next Parliament after confirm it not III. That the Lord High Steward of England Lord High Constable Lord Chancellor or Lord Keeper of the Great Seal Lord Treasurer Lord Privy Seal Earl Marshal Lord Admiral Warden of the Cinque Ports Chief Governor of Ireland Chancellor of the Exchequer Master of the Wards Secretaries of State Two Chief Justices and Chief Baron be always chosen with the Approbation of both Houses of Parliament and in the Intervals of Parliament by the Major part of the Privy Council IV. That the Government of the King's Children shall be committed to such as both Houses shall approve of and in the Intervals of Parliament such as the Privy Council shall approve of that the Servants then about them against whom the Houses have just exception should be remov'd V. That no Marriage be concluded or treated of for any of the King's Children without consent of Parliament VI. That the Laws in force against Jesuits Priests and Popish Recusants be strictly put in execution VII That the Votes of Popish Lords in the House of Peers be taken away and that a Bill be passed for the Education of the Children of Papists in the Protestant Religion VIII That the King will be pleas'd to reform the Church-Government and Liturgy in such manner as both Houses of Parliament shall advise IX That he would be pleased to rest satisfied with that course the Lords and Commons have appointed for ordering the Militia and recall his Declarations and Proclamations against it X. That such Members as have been put out of any Place or Office since this Parliament began may be restor'd or have satisfaction XI That all Privy Councillors and Judges take an Oath the form whereof shall be agreed on and setled by Act of Parliament for the maintaining the Petition of Right and of certain Statutes made by the Parliament XII That all the Judges and Officers placed by Approbation of both Houses of Parliament may held their places quamdiu bene se gesserint XIII That the Justice of Parliament may pass upon all Delinquents whether they be within the Kingdom or fled out of it and that all persons cited by either House of Parliament may appear and abide the Censure of Parliament XIV That the General Pardon offered by his Majesty be granted with such Exceptions as shall be advised by both Houses of Parliament B. What a spightful Article was this All the rest proceeded from Ambition which many times well-natur'd men are subject to but this proceeded from an inhumane and devilish cruelty A. XV. That the Forts and Castles be put under the Command of such Persons as with the Approbation of the Parliament the King shall appoint XVI That the extraordinary Guards about the King be discharged and for the future none raised but according to the Law in case of actual Rebellion or Invasion B. Methinks these very Propositions sent to the King are an actual Rebellion A. XVII That His Majesty enter into a more strict Alliance with the United Provinces and other Neighbour Protestant Princes and States XVIII That His Majesty be pleased by Act of Parliament to clear the Lord Kimbolton and the Five Members of the House of Commons in such manner as that future Parliaments may be secur'd from the consequence of evil Precedent XIX That His Majesty be pleased to pass a Bill for restraining Peers made hereafter from sitting or voting in Parliament unless they be admitted with consent of both Houses of Parliament These Propositions granted they promise to apply themselves to regulate His Majesties Revenue to his best advantage and to settle it to the support of his Royal Dignity in Honour and Plenty and also to put the Town of Hull into such hands as His Majesty shall appoint with consent of Parliament B. Is not that to put it into such hands as His Majesty shall appoint by the consent of the Petitioners which is no more than to keep it in their hands as it is Did they want or think the King wanted common sense so as not to perceive that their promise herein was worth nothing A. After the sending of these Propositions to the King and His Majesties refusal to grant them they began on both sides to prepare for War the King raising
Houses from July the 26th to Aug. the 6th and clapt in Prison some of the Lords and some of the most Eminent Citizens whereof the Lord Mayor was one B. Cromwel had power enough now to restore the King why did he not A. His main end was to set himself in his place the restoring of the King was but a reserve against the Parliament which being in his Pocket he had no more need of the King who was now an impediment to him To keep him in the Army was a trouble to let him fall into the hands of the Presbyterians had been a stop to his hopes to murder him privately besides the horrour of the act now whilst he was no more than Lieutenant General would have made him odious without farthering his design there was nothing better for his purpose than to let him escape from Hampton-Court where he was too near the Parliament whither he pleased beyond Sea For though Cromwel had a great Party in the Parliament Houses whilst they saw not his Ambition to be their Master yet they would have been his Enemies as soon as that had appear'd To make the King attempt an escape some of those that had him in Custody by Cromwel's direction told him that the Adjutators meant to murder him and withal caused a rumour of the same to be generally spread to the end it might that way also come to the Kings Ear as it did The King therefore in a dark and rainy night his Guards being retir'd as it was thought on purpose left Hampton-Court and went to the Sea-side about Southampton where a Vessel had been bespoken to transport him but fail'd so that the King was forced to trust himself with Colonel Hammond then Governour of the Isle of Wight expecting perhaps some kindness from him for Doctor Hammonds sake Brother to the Colonel and his Majesties much-favour'd Chaplain but it prov'd otherwise for the Colonel sent to his Masters of the Parliament to receive their Orders concerning him This going into the Isle of Wight was not likely to be any part of Cromwel's design who neither knew whither nor which way he would go nor had Hammond known any more than other men if the Ship had come to the appointed place in due time B. If the King had escaped into France might not the French have assisted him with Forces to recover his Kingdom and so frustrated the designs both of Cromwel and all other the Kings Enemies A. Yes much just as they assisted his Son our present most gracious Soveraign who two years before fled thither out of Cornwal B. 'T is methinks no great policy in Neighbouring Princes to favour so often as they do one anothers Rebels especially when they rebel against Monarchy it self they should rather first make a League against Rebellion and afterwards if there be no remedy fight one against another Nor will that serve the turn among Christian Soveraigns till Preaching be better lookt to whereby the Interpretation of a Verse in the Hebrew Greek or Latine Bible is oftentimes the cause of Civil War and the deposing and assassinating of Gods Anointed and yet converse with those Divinity Disputers as long as you will you will hardly find one in a hundred discreet enough to be imployed in any great Affairs either of War or Peace It is not the Right of the Soveraign though granted to him by every mans consent expresly that can inable a Subject to do his Office it is the obedience of the Subject and then by and by to cry out as some Ministers did in the Pulpit to your Tents O Israel Common people know nothing of right or wrong by their own Meditation they must therefore be taught the grounds of their Duty and the reasons why Calamities ever follow Disobedience to their lawful Soveraigns But to the contrary our Rebels were publickly taught Rebellion in the Pulpits and that there was no sin but the doing of what the Preachers forbad or the omitting of what they advis'd But now the King was the Parliaments Prisoner why did not the Presbyterians advance their own Interest by restoring him A. The Parliament in which there were more Presbyterians yet than Independents might have gotten what they would of the King during his life if they had not by an unconscionable and sottish Ambition obstructed the way to their Ends They sent him four Propositions to be signed and past by him as Acts of Parliament telling him when these were granted they would send Commissioners to Treat with him of any other Articles First The Propositions are these That the Parliament should have the Militia and power of levying Money to maintain it for twenty years and after that term the exercise thereof to return to the King in case the Parliament think the safety of the Kingdom concern'd in it B. This first Article takes from the King the Militia and consequently the whole Soveraignty for ever A. The second was That the King should justifie the proceedings of the Parliament against himself and declare void all Oaths and Declarations made by him against the Parliament B. This was to make him guilty of the War and of all the Blood spilt therein A. The third was To take away all Titles of Honour conferred by the King since the Great Seal was carried to him in May 1642. The fourth was That the Parliament should Adjourn themselves when and to what place and for what time they pleas'd These Propositions the King refus'd to grant as he had reason but sent others of his own not much less advantagious to the Parliament and desir'd a Personal Treaty with the Parliament for the settling of the Peace of the Kingdom but the Parliament denying them to be sufficient for that purpose voted that there should be no more Addresses made to him nor Messages receiv'd from him but they would settle the Kingdom without him And this they voted partly upon the Speeches and Menaces of the Army-Faction then present in the House of Commons whereof one advised these three Points 1. To secure the King in some In-land Castle with Guards 2. To draw up Articles of Impeachment against him 3. To lay him by and settle the Kingdom without him Another said that his denying the four Bills was the denying Protection to his Subjects and that therefore they might deny him Subjection and added that till the Parliament forsook the Army the Army would never forsake the Parliament This was Threatning Last of all Cromwel himself told them it was now expected that the Parliament should govern and defend the Kingdom and not any longer let the people expect their safety from a Man whose heart God had hardned nor let those that had so well defended the Parliament be left afterward to the rage of an irreconcileable Enemy lest they seek their safety some other way This again was threatning as also laying his hand upon his Sword when he spake it And hereupon the Vote of Non-Addresses was made an
design'd to set up a Tyrannical Power and to that end had rais'd and maintain'd in the Land a Civil War against the Parliament whereby the Country hath been miserably wasted the Publick Treasure exhausted thousands of people murdered and infinite other mischiefs committed Secondly A Constitution passed of a High Court of Justice that is of a certain number of Commissioners of whom any twenty had power to try the King and proceed to Sentence according to the Merit of the Cause and see it speedily executed The Commissioners met on Saturday January 20. in Westminster-Hall and the King was brought before them sitting in a Chair He heard the Charge read but denied to plead to it either Guilty or not Guilty till he should know by what lawful Authority he was brought thither The President told him that the Parliament affirm'd their own Authority and the King persevered in his refusal to plead though many words passed between him and the President yet this is the sum of all on Monday January 22. the Court met again and the Sollicitor moved that if the King persisted in denying the Authority of the Court the Charge might be taken pro confesso but the King still denied their Authority They met again January 23. and then the Sollicitor moved the Court for Judgment whereupon the King was requir'd to give his Final Answer which was again a denial of their Authority Lastly They met again January 27. where the King then desir'd to be heard before the Lords and Commons in the Painted Chamber and promising after that to abide the Judgment of the Court the Commissioners retir'd for half an hour to consider of it and then returning caused the King again to be brought to the Bar and told him that what he propos'd was but another denial of the Courts Jurisdiction and that if he had no more to say they would proceed to Judgment Then the King answering that he had no more to say the President began a long Speech in justification of the Parliaments proceedings producing the Examples of many Kings kill'd or depos'd by wicked Parliaments Ancient and Modern in England Scotland and other parts of the World All which he endeavour'd to justifie from this only Principle that the People have the Supreme Power and the Parliament is the People This Speech ended the Sentence of Death was read and the same upon Tuesday after January the 30. executed at the Gate of his own Palace of White-Hall He that can delight in reading how villanously he was used by the Souldiers between the Sentence and Execution may go to the Chronicle it self in which he shall see what courage patience wisdom and goodness was in this Prince whom in their Charge the Members of that wicked Parliament stil'd Traytor Tyrant and Murderer The King being dead the same day they made an Act of Parliament That whereas several pretences might be made to the Crown c. it is Enacted by this present Parliament and Authority of the same that no Person shall presume to declare proclaim or publish or any way promote Charles Stuart Son of Charles late King of England commonly called Prince of Wales or any other Person to be King of England and Ireland c. B. Seeing the King was dead and his Successors barr'd by what declar'd Authority was the Peace maintained A. They had in their anger against the Lords formerly declar'd the Supreme Power of the Nation to be in the House of Commons and now on February the fifth they Vote the House of Lords to be useless and dangerous And thus the Kingdom was turn'd into a Democracy or rather an Oligarchy for presently they made an Act That none of those Members who were secluded for opposing the Vote of Non-Addresses should ever be re-admitted And these were commonly called the Secluded Members and the rest were by some stiled a Parliament and by others a Rump I think you need not now have a Catalogue either of the Vices or of the Crimes or of the Follies of the greatest part of them that composed the Long-Parliament than which greater cannot be in the World What greater Vices than Irreligion Hypocrisie Avarice and Cruelty which have appear'd so eminently in the actions of Presbyterian Members and Presbyterian Ministers What greater Crimes than Blasphemy and killing Gods Anointed which was done by the hands of the Independents but by the folly and first Treason of the Presbyterians who betrayed and sold him to his Murderers Nor was it a little folly in the Lords not to see that by the taking away of the Kings Power they lost withall their own Priviledges or to think themselves either for number or judgment any way a considerable assistance to the House of Commons And for those men who had skill in the Laws it was no great sign of understanding not to perceive that the Laws of the Land were made by the King to oblige his Subjects to Peace and Justice and not to oblige himself that made them Lastly and generally all men are Fools which pull down any thing which does them good before they have set up something better in its place He that would set up Democracy with an Army should have an Army to maintain it but these men did it when those men had the Army that were resolv'd to pull it down To these follies I might add the follies of those five men which out of their reading of Tully Seneca and other Antimonarchicks think themselves sufficient Politicks and shew their discontents when they are not called to the management of the State and turn from one side to the other upon every neglect they fancy from the King or his Enemies A. YOU have seen the Rump in possession as they believ'd of the Supreme Power over the two Nations of England and Ireland and the Army their Servant though Cromwel thought otherwise serving them diligently for the advancement of his own purpose I am now therefore to shew you their proceedings B. Tell me first how this kind of Government under the Rump or Relick of a House of Commons is to be call'd A. 'T is doubtless an Oligarchy for the Supreme Authority must needs be in one man or in in more if in one it is Monarchy the Rump therefore was no Monarchy if the Authority were in more than one it was in all or in fewer than all when in all it is Democracy for every man may enter into the Assembly which makes the Soveraign Court which they could not do here It is therefore manifest the Authority was in a few and consequently the State was an Oligarchy B. It is not impossible for a people to be well govern'd that are to obey more Masters than one A. Both the Rump and all other Soveraign Assemblies if they have but one voice though they be many men yet are they but one Person for contrary Commands cannot consist in one and the same voice which is the voice of the greatest part and
might do something that might look like Hostility It hapned in the year 1637. that the King by the advice as it is thought of the Arch-Bishop of Canterbury sent down a Book of Common Prayer into Scotland not differing in substance from ours nor much in words besides the putting of the word Presbyter for that of Minister commanding it to be used for Conformity to this Kingdom by the ministers there for an ordinary form of Divine Service this being read out the Church at Edinburgh caused such a Tumult there that he that read it had much adoe to escape with his life and gave occasion to the greatest part of the Nobility and others to enter by their own Authority into a Covenant amongst themselves to put down Episcopacy without consulting the King which they presently did animated thereto by their own Confidence or by assurance from some of the Democratical English men that in former Parliaments had been the greatest opposers of the King's interest that the King would not be able to raise an Army to chastise them without calling a Parliament which would be sure to favour them for the thing which those Democraticals chiefly then aimed at was to force the King to call a Parliament which he had not done of ten years before as having found no help but hinderance to his designs in the Parliaments he had formerly called Howsoever contrary to their expectation by the help of his better affected Subjects of the Nobility and Gentry he made a shift to raise a sufficient Army to have reduced the Scots to their former obedience if it had proceeded to Battle And with this Army he marched himself into Scotland where the Scotch Army was also brought into the Field against him as if they meant to fight but then the Scotch sent to the King for leave to treat by Commissioners on both sides and the King willing to avoid the destruction of his own Subjects condescended to it the issue was Peace and the King thereupon went to Edinburgh and passed an Act of Parliament there to their Satisfaction B. Did he not then confirm Episcopacy A. No but yielded to the abolishing of it but by the means the English were crossed in their hope of a Parliament but the Democraticals formerly opposers of the King's Interest ceased not to endeavour still to put the two Nations into a War to the end the King might buy the Parliament's help at no less a price than Soveraignty it self B. But what was the Cause that the Gentry and Nobility of Scotland were so averse from Episcopacy For I can hardly believe that their Consciences were extraordinarily tender nor that they were so very great Divines as to know what was the true Church Discipline established by our Saviour and his Apostles nor yet so much in love with their Ministers as to be over-ruled by them in the Government either Ecclesiastical or Civil for in their lives they were just as other men are Pursuers of their own Interests and Preferments wherein they were not more opposed by the Bishops than by their Presbyterian Ministers A. Truly I do not know I cannot enter into other mens thoughts farther than I am lead by the consideration of Human Nature in general But upon this consideration I see First That men of antient Wealth and Nobility are not apt to brook that poor Schollars should as they must when they are made Bishops be their Fellows Secondly That from the emulation of Glory between the Nations they be willing to see their Nation afflicted with Civil War and might hope by aiding the Rebels here to acquire some Power over the English at least so far as to establish here the Presbyterian Discipline which was also one of the points they afterwards openly demanded Lastly They might hope for in the War some great sum of money as a reward of their assistance besides great Booty which they afterwards obtained but whatsoever was the cause of their hatred to Bishops the pulling of them down was not all they aimed at if it had now that Episcopacy was abolished by Act of Parliament they would have rested satisfied which they did not for after the King was returned to London the English Presbyterians and Democraticals by whose favour they had put down Bishops in Scotland thought it reason to have the assistance of the Scotch for the pulling down of Bishops in England and in order thereunto they might perhaps deal with the Scots secretly to rest unsatisfied with that pacification which they were before contented with howsoever it was not long after the King was returned to London they sent up to some of their friends at Court a certain Paper containing as they pretended the Articles of the said Pacification a false and Scandalous Paper which was by the King's Command burnt as I have heard publickly and so both parts returned to the same Condition as they were in when the King went down with his Army B. And so there was a great deal of Money cast away to no purpose but you have not told me who was General of that Army A. I told you the King was there in Person he that commanded under him was the Earl of Arundel a man that wanted not either Valour oâ— Judgement but to proceed to Battle or to Treaty was not in his Power but in the King 's B. He was a man of a most Noble and Loyal Family and whose Ancestors had formerly given a great overthrow to the Scots in their own Countrey and in all likelihood he might have given them the like now if they had Fought A. He might indeed but it had been but a kind of Superstition to have made him General upon that account though many Generals heretofore have been chosen for the good luck of their Ancestors in the like occasions In the long War between Athens and Sparta a General of the Athenians by Sea won many Victories against the Spartans for which cause after his death they chose his Son for General with ill success The Romans that Conquered Carthage by the Valor and Conduct of Scipio when they were to make War again in Africk against Caesar chose another Scipio a man Valiant and Wise enough but he perished in the imployment And to come home to our own Nation the Earl of Essex made a fortunate Expedition to Cadiz but his Son sent afterwards to the same place could do nothing 'T is but a foolish Superstition to hope that God has entailed success in War upon a Name or Family B. After the Pacification broken what succeeded next A. The King sent Duke Hamilton with Commission and Instructions into Scotland to call a Parliament there but all was to no purpose and to use all the means he could otherwise but the Scots were resolved to raise an Army and to enter into England to deliver as they pretended their grievances to his Majesty in a Petition because the King they said being in the hands of evil Councellors they could
or at least make great difficulty to furnish the King with Mony necessary for the most urgent occasions of the Commonwealth B. How then can a King discharge his Duty as he ought to do or the Subject know which of his Masters he is to Obey For here are manifestly two Powers which when they chance to differ cannot both be Obeyed A. 'T is true but they have not often differed so much to the danger of the Common-wealth as they have done in this Parliament of 1640. In all the Parliaments of the late King Charles before the year 1640. my Lord of Strafford did appear in opposition to the Kings Demands as much as any man and was for that Cause very much esteemed and cried up by the People as a good Patriot and one that couragiously stood up in defence of their Liberties and for the same cause was so much the more hated when afterwards he endeavoured to maintain the Royal and Just Aâ—thority of his Majesty B. How came he to change his mind so much as it seems he did A. After the Dissolution of that Parliament holden in the year 1627 and 1628 the King finding no Mony to be gotten from Parliaments which he was not to buy with the Blood of such Servants and Ministers as he loved best abstained a long time from calling any more and had abstained longer if the Rebellion of the Scotch had not forced him to it During that Parliament the King made Sir Thomas Wentworth a Baron recommended to him for his great ability which was generally taken notice of by the disservice he had done the King in former Parliaments but which might be usefull also for him in the times that came on and not long after that he made him of the Counsel and again Lieutenant of Ireland which place he discharged with great satisfaction and benefit to his Majesty and continued in that Office till by the Envy and Violence of the Lords and Commons of that unlucky Parliament of 1640. he died in which year he was made General of the Kings Forces against the Scotch that then entred into England and the year before Earl of Strafford The Pacification being made and the Forces on both sides Disbanded and the Parliament at Westminster now Sitting It was not long before the House of Commons accused him to the House of Lords of High Treason B. There was no great probability of his being a Traitor to the King from whose favour he had received his greatness and from whose Protection he 〈◊〉 to expect his safety What was the Treason they laid to his Charge A. Many Articles were drawn up against him but the summ of them was contained in these two First That he had traiterously endeavour'd to subvert the Fundamental Laws and Government of the Realm and instead thereof to introduce an Arbitrary and Tyranical Government against Law Secondly That he had laboured to subvert the Rights of Parliaments and the Antient course of Parliamentary Proceedings B. Was this done by him without the knowledge of the King A. No. B. Why then if it were Treason did not the King himself call him in Question by his Attorney What had the House of Commons to do without his Command to accuse him to the House of Lords They might have complain'd to the King if he had not known it before I understand not this Law A. Nor I. B. Had this been by any former Statutes made Treason A. Not that I ever heard of nor do I understand that any thing can be Treason against the King that the King hearing and knowing does not think Treason But it was a piece of that Parliaments Artifice to put the word Traiterously to any Article exhibited against a man whose life they meant to take away B. Was there no particular Instance of action or words out of which they argued that endeavour of his to subvert the fundamental Laws of Parliament whereof they accused him A. Yes they said he gave the King Counsel to reduce the Parliament to their duty by the Irish Army which not long before my Lord of Strafford himself had caused to be leavied there for the Kings service but it was never proved against him that he advised the King to make use of it against the Parliament B. What are those Laws that are called fundamental for I understand not how one Law can be more fundamental than another except only that Law of Nature that binds us all to obey him whosoever he be whom lawfully and for our own safety wee have promised to obey nor any other fundamental Law to a King but Salus Populi The safety and well being of his People A. This Parliament in the use of these words when they accused any Man never regarded the signification of them but the weight they had to aggravate their accusation to the Ignorant multitudes which think all faults heinous that are exprest in heinous termes If they hate the Reason accused as they did this Man not only for being of the Kings party but also for deserting the Parliaments party as an Apostate B. I pray you tell me also what they meant by Arbitrary Government which they seemed so much to hate Is there any Governour of a People in the World that is forced to Govern them or forced to make this and that Law whether he will or no! I think or if any be that forces him does certainly make Laws and Govern Arbitrarily A. That is true and the true meaning of the Parliament was that not the King but they themselves should have the Arbitrary Government not only of England but of Ireland and as it appeared by the event of Scotland also B. How the King came by the Government of Scotland and Ireland By descent of his Ancesters every body can tell but if the King of England and his heirs should chance which God-forbid to fail I cannot imagine what Title the Parliament of England can acquire thereby to either of those Nations A. Yet they say they have been conquered Antiently by the English Subjects Money B. Like enough and suitable to the rest of their Impudence A. Impudence In Democratical Assemblies does almost all that is done 'T is the Goddess of Rhetorick and carries on proof with it for ought ordinary Man will not from so great boldness of Affirmation conclude there is great boldness of affirmation conclude there is great probability in the King affirmed upon this accusation he was brought to his Tryal at Westminster hall before the House of Lords and found guilty and presently after declared a Traytor by a Bill of attainder that is by Act of Parliament B. It is a strange thing that the Lords should be induced upon so light Grounds to give â— sentence or give their assent to a Bill so prejudicial to themselves and their posterity A. 'T was not well done and yet as it seems not ignorantly for there is a clause in the Bill that it should not be taken hereafter
raised to fight against him A. Nay farther they put to the King's Accompts the 30000 l. given to the Scots without which they would not have Invaded England besides many other things that I now remember not B. I did not think there had been so great Impudence and Villany in Mankind A. You have not observ'd the world long enough to see all that 's ill Such was their Remonstrance as I have told you with it they sent a Petition containing three points First That His Majesty would deprive the Bishops of their Votes in Parliament and remove such Oppressions in Religion Church Government and Discipline as they had brought in Secondly That he would remove from his Council all such as should promote the Peoples Grievances and Imploy in his great and publick Affairs such as the Parliament should confide in Thirdly That he would not give away the Lands Escheated to the Crown by the Rebellion in Ireland B. This last point methinks was not wisely put in at this time it should have been reserv'd till they had subdued the Rebels against whom there were yet no Forces sent over 'T is like selling the Lions Skin before they had kill'd him But what answer was made to the other two Propositions A. What answer should be made but a Denial About the same time the King himself Exhibited Articles against six persons of the Parliament five whereof were of the House of Commons and one of the House of Lords accusing them of High Treason and upon the fourth of January went himself to the House of Commons to demand those five of them but private notice having been given by some Treacherous person about the King they had absented themselves and by that means frustrated His Majesties Intention and after he was gone the House making a hainous matter of it and a High Breach of their Priviledges adjourned themselves into London there to sit as a General Committee pretending they were not safe at Westminster for the King when he went to the House to demand those persons had somewhat more attendance with him but not otherwise armed than his servants used to be than he ordinarily had and would not be pacified though the King did afterwards wave the prosecution of those persons unless he would also discover to them those that gave him Counsel to go in that manner to the Parliament-House to the end they might receive condign punishment which was the Word they used instead of Cruelty B. This was a harsh Demand Was it not enough that the King should forbear his Enemies but also that he must betray his Friends If they thus Tyraniâ—e over the King before they have gotten the Soveraign Power into their Hands how will they Tyranize over their Fellow-Subjects when they have gotten it A. So as they did B. How long staid that Committee in London A. Not above 2 or 3 Days and then were brought from London to the Parliament-House by Water in great Triumph guarded with a tumultuous number of Armed Men there to sit in security in despite of the King and make Traiterous Acts against Him such and as many as they listed and under favour of these Tumults to frighten away from the House of Peers all such as were not of their own Faction for at this time tâ—e Rabble was so insolent that scarce any of the Bishops durst go to the House for fear of Violence upon their Persons insomuch that Twelve of them excused themselves of Coming thither and by way of Perition to the King remonstrated that they were not permitted to go quietly to the Performance of that Duty and protesting against all Determinations as of none Effect that should pass in the House of Lords during their forced Absence which the House of Commons taking hold of sent up to the Peers one of their Members to accuse them of High Treason whereupon Ten of them were sent to the Tower after which time there was no more words of their High Treason but there passed a Bill by which they were deprived of their Votes in Parliament And to this Bill they got the Kings Assent and in the beginning of Sept. after they Voted the Bishops should have no more to do in the Government of the Church but to this they had not the Kings Assent the War being now begun B. What made the Parliament so averse to Episcopacy and especially the House of Lords whereof the Bishops were Members For I see no reason why they should do it to gratifie a number of poor Parish Priests that were Presbyterians and that were never likely to serve the Lords but on the contrary to do their best to pull down their power and subject them to their Synods and Classes A. For the Lords very few of them did perceive the intention of the Presbyterians and besides that they durst not I believe oppose the Lower House B. But why were the Lower-House so earnest against them A. Because they meant to make use of their Tenants and with pretended Sanctity to make the King and his Party odious to the People by whose help they were to set up Democrasie and Depose the King or to let him have the Title only so long as he should Act for their purposes But not only the Parliament but in a manner all the People of England were their Enemies upon the account of their behaviour as being they said too imperious This was all that was colourably laid to their charge the main of the pulling them down was the Envy of the Presbyterians that incensed the People against them and against Episcopacy it self B. How would the Presbyterians have the Church to be govern'd A. By National and Provincial Synods B. Is not this to make the National Assembly an Arch-Bishop and the Provincial Assemblies so many Bishops A. Yes but every Minister shall have the delight of sharing the Government and consequently of being able to be reveng'd on them that do not admire their Learning and help to fill their purses and win to their service them that do B. 'T is a hard Case that there should be two Factions to trouble the Common-wealth without any Interest of their own other than every particular man may have and that their quarrels should be only about Opinions that is about who has the most Learning as if their Learning ought to be the Rule of Governing the whole world What is it they are Learned in is it Politicks and Rules of State I know it is called Divinity but I hear almost nothing preacht but matter of Philosophy for Religion in it self admits of no Controversie 'T is a Law of the Kingdom and ought not to be disputed I do not think they pretend to speak with God and know his will by any other way than reading the Scriptures which we also do A. Yes some of them do and give themselves out for Prophets by extraordinary Inspiration but the rest pretend only for their Advancement to Benefices and Charge of Souls
thus The Laws of the Aethiopians seem very different from those of other Nations and especially about the Election of their Kings for the Priests propound some of the Chief Men among them named in a Catalogue and when the God which according to a certain Custom is carried about to Feastings does accept of him the Multitude Elect for their King and presently adore and honour him as a God put into the Government by Divine Providence The King being chosen he has the manner of his Life limited to him by the Laws and does all other things according to the Custom of the Country neither rewarding nor punishing any man otherwise than from the begining is establisht amongst them by Law nor use they to put any man to death though he be condemn'd to it but to send some Officer to him with a Token of Death who seeing the Token goes presently to his own house and kills himself presently after But the strangest thing of all is that which they do concerning the Death of their Kings for the Priests that live in Meroe and spend their time about the worship and honour of the gods and are in greatest Authority when they have a mind to it send a Messenger to the King to bid him die for that the gods have given such order and that the Commandments of the Immortals are not by any means to be neglected by those that are by nature Mortal using also other speeches to him with men of simple Judgment that have not reason enough to dispute against those unnecessary Commands as being educated under an old and indelible Custom are content to admit of therefore in former times the Kings did obey the Priests not as mastered by force and Arms but as having their reason mastered by superstition But in the time of Ptolomy the second Ergamenes King of the Aethiopians having had his Breeding in Philosophy after the manner of the Greeks being the first that durst dispute their power took heart as befitted a King came with souldiers to a place called Abaton where was then the golden Temple of the Aethiopians killed all the Priests abolished the Custom and rectified the Kingdom according to his will B. Though they that were kill'd were most damnable Impostors yet the Act was cruel A. It was so But were not the Priests cruel to cause their Kings whom a little before they adored as Gods to make away themselves The King kill'd them for the safety of his person they him out of Ambition or love of Change The King's Act may be coloured with the good of his People the Priests had no pretence against their Kings who were certainly very godly or else would never have obeyed the Command of the Priests by a Messenger unarmed to kill themselves Our late King the best King perhaps that ever was you know was murdered having been first persecuted by War at the Incitement of Presbyterian Ministers who are therefore guilty of the Death of all that fell in that War which were I believe in England Scotland and Ireland near one hundred thousand persons Had it not been much better that those seditious Ministers which were not perhaps a thousand had been all kill'd before that they had Preached It had been I confess a great Massacre but the killing of a hundred thousand is a greater B. I am glad the Bishops were out at this business as ambitious as some say they are it did not appear in that business for they were Enemies to them that were in it A. But I intend not by these Quotations to commend either the Divinity nor the Philosophy of those Heathen People but to shew only what the Reputation of those Sciences can effect among the People For their Divinity was nothing but Idolatry and their Philosophy excepting the knowledge of the Aegyptian Priests and from them the Chaldaeans had gotten by long Observation and Study in Astronomy Geometry and Arithmetick very little and that in great part abused in Astrology and Fortune-telling whereas the Divinity of the Clergy in this Nation now considered apart from the mixture that has been introduced by the Church of Rome and in part retained here of the babling Philosophy of Aristotle and other Greeks that has no Affinity with Religion and serves only to breed Disaffection Dissention and finally Sedition and Civil War as we have lately found by dear Experience in the Differences between the Presbyterians and Episcopals is the true Religion But for these Differences both Parties as they were in Power not only suppressed the Tenents of one another but also whatsoever Doctrine lookt with an ill aspect upon their Interest and consequently all true Philosophy especially Civil and Moral which can never appear propitious to Ambition or to an Exemption from Obedience due to the Soveraign Power After the King had accused the Lord Kimbolton a Member of the Lords House and Hollis Haslâ—rig Hampden Prinn and Stroud Five Members of the Lower House of High Treason and after the Parliament had Voted out the Bishops from the House of Peers they pursued especially two things in their Petitions to His Majesty the one was that the King would declare who were the persons that advised him to go as he did to the Parliament-House to apprehend them and that he would leave them to the Parliament to receive condign punishment and this they did to stick upon His Majesty the dishonour of Deserting his Friends and betraying them to his Enemies the other was that he would allow a Guard out of the City of London to be commanded by the Earl of Essex for which they pretended they could not else sit in safety which pretence was nothing but an upbraiding of His Majesty for coming to Parliament better accompanied than ordinary to seize the said five seditious Members B. I see no reason in petitioning for a Guard they should determine it to the City of London in particular and the Command by name to the Earl of Essex unless they meant the King should understand it a Guard against himself A. Their meaning was that the King should understand it so and as I verily believe they meant he should take it as an affront and the King himself understanding it so denied to grant it though he were willing if they could not otherwise be satisfied to Command such a Guard to wait upon them as he would be responsible for to God Almighty Besides this the City of London petition'd the King put upon it no doubt by some Members of the Lower House to put the Tower of London into the hands of persons of Trust meaning such as the Parliament should approve of And so appoint a Guard for the safety of His Majesty and the Parliament This method of bringing petitions in a Tumultary Manner by great Multitudes of Clamorous people was ordinary with the House of Commons whose Ambition could never have been served by way of Prayer and Request without extraordinary terror After the King had waved the
Victory in the War And for this cause notwithstanding that they saw that the Parliament was firmly resolv'd to take all Kingly power whatsoever out of His Hands yet their Council to the King was upon all occasions to offer Propositions to them of Treaty and Accommodation and to make and publish Declarations which any Man might easily have foreseen would be fruitless and not only so but also of great disadvantage to those Actions by which the King was to recover His Crown and preserve His Life for it took off the courage of the best and forwardest of his Soldiers that lookt for great benefit out of the Estates of the Rebels in case they could subdue them but none at all if the business should be ended by a Treaty B. And they had reason for a Civil War never ends by Treaty without the Sacrifice of those who were on both sides the sharpest You know well enough how things past the Reconciliation of Augustus and Antonius in Rome But I thought that after they once began to Levy Soldiers one against another that they would not any more have return'd of either side to Declarations or other Paper War which if it could have done any good would have done it long before this A. But seeing the Parliament continued writing and set forth their Declarations to the People against the Lawfulness of the King's Commission of Array and sent Petitions to the King as fierce and rebellions as ever they had done before demanding of him That he would diâ—band his Soldiers and come up to the Parliament and leave those whom the Parliament called Delinquents which were none but the King 's best Subjects to their Mercy and pass such Bills as they should advise Him Would you not have the King set forth Declarations and Proclamations against the Illegality of their Ordinances by which they Levied Soldiers against him and answer those insolent Petitions of theirs B. No it had done him no good before and therefore was not likely to do him any afterwards for the Common People whose hands were to decide the Controversie understood not the Reasons of either Party and for those that by Ambition were once set upon the Enterprize of changing the Government they cared not much what was Reason and Justice in the Cause but what Strength they might procure by reducing the multitude with Remonstrances from the Parliament-House or by Sermons in the Churches and to their Petitions I would not have had any answer at all more than this That if they would disband their Army and put themselves upon his Mercy they should find Him more Gracious than they expected A. That had been a gallant answer indeed if it had proceeded from Him after some extraordinary great Victory in Battel or some extraordinary assurance of a Victory at last in the whole War B. Why what could have hapned to Him worse than at length He suffered notwithstanding His gentle answer and all His reasonable Declarations A. Nothing but who knew that B. Any Man might see that He was never like to be restor'd to His Right without Victory and such His Statutes being known to the People would have brought to His assistance many more hands than all the arguments of Law or force of Eloquence couched in Declarations and other Writings could have done by far and I wonder what kind of Men they were that hindered the King from taking this Resolution A. You may know by the Declarations themselves which are very long and full of Quotations of Records and of Cases formerly Reported that the Penners of them were either Lawyers by Profession or such Gentlemen as had the ambition to be thought so Besides I told you before that those which were then likeliest to have their counsel asked in this business were averse to absolute Monarchy as also to absolute Democracy or Aristocracy all which Governments they esteemed Tyranny and were in love with Monarchy which they us'd to praise by the name of mixt Monarchy though it were indeed nothing else but pure Anarchy and those Men whose Pens the King most us'd in these Controversies of Law and Politick were such if I have not been misinformed as having been Members of this Parliament had declaim'd against Ship-money and other Extra-Parliamentary Taxes as much as any but when they saw the Parliament grow higher in their demands than they thought they would have done went over to the King's Party B. Who were those A. It is not necessary to name any Man seeing I have undertaken only a short Narration of the Follies and other Faults of Men during this trouble but not by naming of persons to give you or any man else occasion to esteem them the less now that the Faults on all sides have been forgiven B. When the Business was brought to this heighth by levying of Soldiers and seizing on the Navy Arms and other Provisions on both sides that no Man was so blind as not to see they were in an estate of War one against another why did not the King by Proclamation or Message according to His undoubted Right Dissolve the Parliament and thereby diminish in some part the Authority of their Levies and of other their unjust Ordinances A. You have forgotten that I told you that the King Himself by a Bill that He passed at the same time when He passed the Bill for the Execution for the Earl of Strafford had given them Authority to hold the Parliament till they should by consent of both Houses dissolve themselves If therefore He had by any Proclamation or Message to the Houses dissolv'd them they would to their former Deâ—amations of His Majesties actions have added this That He was a Breaker of His Word and not only in Contempt of Him have continued their Session but also have made advantage of it to the increase and strengthning of their own Party B. Would not the King 's raising of an Army against them be interpreted as a purpose to dissolve them by force And was it not as great a breach of promise to scatter them by force as to dissolve them by Proclamation Besides I cannot conceive that the passing of that Act was otherwise intended than conditionally so long as they should not ordain any thing contrary to the Sovereign Right of the King which condition they had already by many of their Ordinances broken and I think that even by the Law of Equity which is the unalterable Law of Nature a man that has the Sovereign Power cannot if he would give away the right of any thing which is necessary for him to retain for the good Government of his Subjects unless he do it in express words saying That he will have the Sovereign Power no longer for the giving away that which by consequence only draws the Sovereignty along with it is not I think a giving away of the Sovereignty but an error such as work nothing but an invalidity in the Grant it self And such was the King's passing