when they sent unto him 19 Propositions whereof above a dozen were Demands of several Powers essential parts of the Power Sovereign But before that time they had demanded some of them in a Petition which they called a Petition of Right which nevertheless the King had granted them in a former Parliament though he deprived himself thereby not only of the Power to levy Money without their consent but also of his ordinary Revenue by Custom of Tonnage and Poundage and of the Liberty to put into Custody such Men as he thought likely to disturb the Peace and raise Sedition in the Kingdom As for the Men that did this 't is enough to say they were the Members of the last Parliament and of some other Parliaments in the beginning of King Charles and the end of King James his Reign to name them all is not necessary farther than the Story shall require Most of them were Members of the House of Commons some few also of the Lords but all such as had a great opinion of their sufficiency in Politicks which they thought was not sufficiently taken notice of by the King B. How could the Parliament when the King had a great Navy and a great number of Train'd Soldiers and all the Magazines of Ammunition in his power be able to begin the War A. The King had these things indeed in his right but that signifies little when they that had the Custody of the Navy and Magazines and with them all the Train'd Soldiers and in a manner all his Subjects were by the preaching of Presbyterian Ministers and the seditious whisperings of false and ignorant Politicians made his Enemies And when the King could have no Money but what the Parliament should give him which you may be sure should not be enough to maintain his Regal Power which they intended to take from him And yet I think they would never have adventured into the Field but for that unlucky business of imposing upon the Scots who were all Presbyterians our Book of Common-Prayer for I believe the English would never have taken well that the Parliament should make War upon the King upon any provocation unless it were in their own defence in case the King should first make War upon them and therefore it behooved them to provoke the King that he might do something that might look like Hostility It happened 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 in the Church at Edenburgh caused such a Tumult there that he that read it had much ado 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 which impudently they called a Covenant with God to put down Episcopacy without consulting with 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 Domocraticals 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 Scoth 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 Edenburgh 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 this means the English were cross'd in their hope of a Parliament but the said 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 Parliaments help at no less a price than Sovereignty it self B. But what was the cause that the Gentry and Nobility of Scotland were so averse from the 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-rul'd 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 led by the consideration of Humane Nature in general But upon this consideration I see first that Men of ancient Wealth and Nobility are not apt to brook that poor Scholars should as they must when they are made Bishops be their fellows Secondly That from the Emulation of Glory between the Nations they might be willing to see this Nation afflicted by 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
the House nevertheless hearing of it from some of his Fellow-Members may certainly not only take notice of it but also speak to it in the House of Commons but to make the King give up his Friends and Councellors to them to be put to death banishment or imprisonment for their good will to him was such a Tyranny over a King no King ever exercised over any Subject but in Cases of Treason or Murder and seldom then A. Presently hereupon began a kind of War between the Pens of the Parliament and those of the Secretaries and other able men that were with the King For upon the 15 th of December they sent to the King a Paper called A Remonstrance of the State of the Kingdom and with it a Petition both which they caused to be published In the Remonstrance they complained of certain mischievous Designs of a Malignant Party then before the beginning of the Parliament grown ripe and did set forth what means had been used for the preventing of it by the wisdom of the Parliament what rubs they had found therein what course was fit to be taken for restoring and establishing the Ancient Honour Greatness and Safety of the Crown and Nation 1 st And of these Designs the Promoters and Actors were they said Jesuited Papists 2 ly The Bishops and that part of the Clergy that cherish formality as a support of their own Ecclesiastical Tyranny and Usurpation 3 ly Councellors and Courtiers that for private ends they said had engaged themselves to farther the Interests of some Forreign Princes B. It may very well be that some of the Bishops and also some of the Court may have in pursuit of their private Interest done something indiscreetly and perhaps wickedly therefore I pray you tell me in particular what their crimes were for methinks the King should not have conniv'd at any thing against his own Supream Authority A. The Parliament were not very keen against them that were against the King they made no doubt but all they did was by the King's Command but accus'd thereof the Bishops Councellors and Courtiers as being a more mannerly way of accusing the King himself and defaming him to his Subjects For the truth is the Charge they brought against them was so general as not to be called an Accusation but Railing As first they said they nourished Questions of Prerogative and Liberty between the King and his People to the end that seeming much addicted to his Majesties Service they might get themselves into Places of greatest Trust and Power in the Kingdom B. How could this be called an Accusation in which there is no Fact for any Accusers to apply their Proofs to or their Witnesses for granting that these Questions of Prerogative had been moved by them who can prove that their end was to gain to themselves and Friends the Places of Trust and Power in the Kingdom A. A second Accusation was That they endeavoured to suppress the purity and power of Religion B. That 's Canting it is not in man's power to suppress the power of Religion A. They meant that they suppress the Doctrine of the Presbyterians that is to say the very foundation of the then Parliaments treacherous pretensions A third That they cherished Arminians Papists and Libertines by which they meant the common Protestants which meddle not with Disputes to the end they might compose a Body fit to act according to their Counsels and Resolutions A Fourth That they endeavoured to put the King upon other courses of raising Money than by the ordinary way of Parliaments Judge whether these may be properly called Accusations or not rather spiteful Reproaches of the King's Government B. Methinks this last was a very great fault for what good could there be in putting the King upon an odd course of getting Money when the Parliament was willing to supply him as far as to the security of the Kingdom or to the Honour of the King should be necessary A. But I told you before they would give him none but with a condition he should cut off the Heads of whom they pleas'd how faithfully soever they had serv'd him and if he would have sacrificed all his Friends to their Ambition yet they would have found other excuses for denying him Subsidies for they were resolv'd to take from him the Sovereign Power to themselves which they could never do without taking great care that he should have no Money at all In the next place they put into the Remonstrance as faults of them whose Counsel the King followed all those things which since the beginning of the King's Reign were by them misliked whether faults or not and whereof they were not able to judge for want of knowledge of the Causes and Motives that induced the King to do them and were known only to the King himself and such of his Privy-Council as he revealed them to B. But what were those particular pretended faults A. 1. The Dissolution of his first Parliament at Oxford 2. The Dissolution of his second Parliament being in the second year of his Reign 3. The Dissolution of his Parliament in the fourth year of his Reign 4. The fruitless Expedition against Cales 5. The Peace made with Spain whereby the Palatines Cause was deserted and left to chargeable and hopeless Treaties 6. The sending of Commissions to raise Money by way of Loan 7. Raising of Ship-Money 8. Enlargement of Forrests contrary to Magna Charta 9. The Design of engrossing all the Gunpowder into one hand and keeping it in the Tower of London 10. A Design to bring in the use of Brass Money 11. The Fines Imprisonments Stigmatizings Mutilations Whippings Pillories Gags Confinements and Banishments by Sentence in the Court of Star-Chamber 12. The displacing of Judges 13. Illegal Acts of the Council-Table 14. The Arbitrary and Illegal Power of the Earl Marshal's Court. 15. The abuses in Chancery Exchequer Chamber and Court of Wards 16. The selling of Titles of Honour of Judges and Serjeants Places and other Offices 17. The Insolence of Bishops and other Clerks in Suspensions Excommunications Deprivations and Degradations of divers painful and learned and pious Ministers B. Were there any such Ministers degraded deprived or excommunicated A. I cannot tell but I remember I have heard threatned divers painful unlearned and seditious Ministers 18. The Excess of severity of the High-Commission Court 19. The Preaching before the King against the Property of the Subject and for the Prerogative of the King above the Law and divers other petty quarrels they had to the Government which though they were laid upon this Faction yet they knew they would fall upon the King himself in the Judgment of the People to whom by printing it was communicated Again after the Dissolution of the Parliament May the 5 th 1640. they find other faults as the Dissolution it self The Imprisoning some Members of both Houses A forced Loan of Money attempted in London The Continuance of the Convocation
was courting the Gentlemen there the Committee was instigating of the Yeomanry against him 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 Town A. I know not but I believe he knew the Parliament had a greater Party than he not only in York-shire but also in York Towards the end of April the King upon Petition of the People of York-shire 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 Governour of that Town the Earl of New-Castle but the Towns-men having been already corrupted by the Parliament refused to receive him but refused not to receive Sir John Hotham appointed to be Governour by the Parliament The King therefore coming before the Town guarded only by his own Servants and a few Gentlemen of the Countrey thereabouts was denied entrance by Sir John Hotham that stood upon the Wall for which Act he presently caused Sir John Hotham to be proclaimed Traitor 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 in stead 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. 1. That whatsoever they declare to be Law ought not to be question'd by the King 2. That no Precedents can be limits to bound their proceedings 3. 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 4. 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 5. That the Sovereign Power resides in both Houses and that the King ought to have no Negative Voice 6 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 Politick Person viz. his Laws c. 7. That Treason cannot be committed against his Person otherwise than as he is entrusted with the Kingdom and discharges that Trust and that they have a power to judge whether he have discharged this Trust or not 8. 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 Pallat nor Tast of Right and Wrong In the Parliament Roll of Hen. 4. amongst the Articles of the Oath the King at his Coronation took there is one runs thus Concedes just as Leges Consuetudines esse tenendas promittes 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 elegerit 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. And I think this 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 Hen. 4. 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 the second A. About a week after in the beginning of May the Parliament sent the King another Paper which they stiled the humble Petition and Advice of both Houses containing 19 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 one of his Subjects The first of them is this 1. That the Lords and others of his Majesties Privy-Council and all great Officers of State both at home and abroad be put from their Employments 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-Councellors take an Oath for the due execution of their places in such form as shall be agreed upon by the said Houses 2. That the great Affairs of the Kingdom be debated resolved and transacted only in Parliament and such as shall presume to do any thing to the contrary be reserved to the censure of the Parliament and such other matters of State as are proper for his Majesties Privy-Council 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 Councel attested under their Hands and that the Council be not more than 25 nor less than 15 and that when a Councellors place falls void in the Interval of Parliament 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 3. 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 Governour 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 4. 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
Cromwel after he had gotten into his own hands the absolute power of England Scotland and Ireland by the Name of Protector did never dare to take upon him the Title of King nor was ever able to settle it upon his Children His Officers would not suffer it as pretending after his death to succeed him nor would the Army consent to it because he had ever declared to them against the Government of a single person B. But to return to the King What Means had he to pay What Provision had he to Arm nay Means to Levy an Army able to resist the Army of the Parliament maintained by the great Purse of the City of London and Contributions of almost all the Towns Corporate in England and furnished with Arms as fully as they could require A. 'T is true the King had great disadvantages and yet by little and little he got a considerable Army with which he so prospered as to grow stronger every day and the Parliament weaker till they had gotten the Scotch with an Army of 21000 Men to come into England to their Assistance But to enter into the particular Narration of what was done in the War I have not now time B. Well then we will talk of that at next meeting Behemoth PART III. B. WE left at the Preparations on both sides for War which when I considered by my self I was mightily puzled to find out what possibility there was for the King to equal the Parliament in such a course and what hopes he had of Money Men Arms Fortified places Shipping Councel and Military Officers sufficient for such an Enterprize against the Parliament that had Men and Money as much at command as the City of London and other Corporation Towns were able to furnish which was more than they needed And for the Men they should set forth for Soldiers they were almost all of them spightfully bent against the King and his whole Party whom they took to be either Papists or Flatterers of the King or that had designed to raise their Fortunes by the plunder of the City and other Corporation Towns And though I believe not that they were more valiant than other Men nor that they had so much experience in the War as to be accounted good Soldiers yet they had that in them which in time of Battle is more conducing to Victory than Valor and Experience both together and that was spight And for Arms they had in their hands the Chief Magazines the Tower of London and the Town of Kingston upon Hull besides most of the Powder and Shot that lay in several Towns for the use of the Train'd Bands Fortified places there were not many then in England and most of them in the hands of the Parliament The King's Fleet was wholly in their Command under the Earl of Warwick Councellors they needed no more than such as were of their own Body so that the King was every way inferior to them except it were perhaps in Officers A. I cannot compare their Chief Officers for the Parliament the Earl of Essex after the Parliament had voted the War was made General of all their Forces both in England and Ireland from whom all other Commanders were to receive their Commissions B. What moved them to make General the Earl of Essex And for what cause was the Earl of Essex so displeased with the King as to accept that Office A. I do not certainly know what to answer to either of those Questions but the Earl of Essex had been in the Wars abroad and wanted neither Experience Judgment nor Courage to perform such an undertaking And besides that you have heard I believe how great a Darling of the People his Father had been before him and what Honour he had gotten by the Success of his Enterprize upon Cales and in some other Military Actions To which I may add that this Earl himself was not held by the people to be so great a Favorite at Court as that they might not trust him with their Army against the King And by this you may perhaps conjecture the Cause for which the Parliament made choice of him for General B. But why did they think him discontented with the Court A. I know not that nor indeed that he was so He came to the Court as other Noble-men did when occasion was to wait upon the King but had no Office till a little before this time to oblige him to be there continually but I believe verily that the unfortunateness of his Marriages had so discountenanced his Conversation with Ladies that the Court could not be his proper Element unless he had had some extraordinary favour there to ballance that Calamity but for particular discontent from the King or intention of revenge for any supposed disgrace I think he had none nor that he was any ways addicted to Presbyterian Doctrines or other Fanatick Tenets in Church or State saving only that he was carried away with the Stream in a manner of the whole Nation to think that England was not an absolute but a mixt Monarchy not considering that the Supream Power must always be absolute whether it be in the King or in the Parliament B. Who was General of the King's Army A. None yet but himself nor indeed had he yet any Army but there coming to him at that time his two Nephews the Princes Rupert and Maurice he put the Command of his Horse into the Hands of Prince Rupert a Man than whom no man living has a better Courage nor was more active and diligent in prosecuting his Commissions and though but a young man then was not without experience in the conducting of Soldiers as having been an Actor in part of his Fathers Wars in Germany B. But how could the King find Money to pay such an Army as was necessary for him against the Parliament A. Neither the King nor Parliament had much Money at that time in their own Hands but were fain to rely upon the Benevolence of those that took their parts Wherein I confess the Parliament had a mighty great advantage Those that helped the King in that kind were only Lords and Gentlemen which not approving the proceedings of the Parliament were willing to undertake the payment every one of a certain number of Horse which cannot be thought any very great assistance the persons that payed them being so few For other Moneys that the King then had I have not heard of any but what he borrowed upon Jewels in the Low Countries Whereas the Parliament had a very plentiful Contribution not only from London but generally from their Faction in all other places of England upon certain Propositions published by the Lords and Commons in June 1642. at what time they had newly voted that the King intended to make War upon them for bringing in of Money or Plate to maintain Horse and Horse-men and to buy Arms for the preservation of the publick Peace and for the defence of the
King and both Houses of Parliament For the re-payment of which Money and Plate they were to have the Publick Faith B. What Publick Faith is there when there is no Publick What is it that can be called Publick in a Civil War without the King A. The Truth is the Security was nothing worth but served well enough to gull those seditious Blockheads that were more fond of Change than either of their Peace or Profit Having by this means gotten Contributions from those that were the well-affected to their Cause they made use of it afterwards to force the like Contribution from others For in November following they made an Ordinance for Assessing also of those that had not contributed then or had contributed but not proportionably to their Estates And yet this was contrary to what the Parliament promised and declar'd in the Propositions themselves for they declar'd in the first Proposition That no man's affection should be measured by the proportion of his Offer so that he expressed his good will to the Service in any proportion whatsoever Besides this in the beginning of March following they made an Ordinance to Levy weekly a great Sum of Money upon every County City Town Place and Person of any Estate almost in England which weekly Sum as may appear by the Ordinance it self printed and published in March 1642. by Order of both Houses comes to almost 33000 l. and consequently to above 1700000 l. for the year They had besides all this the profits of the Kings Lands and Woods and whatsoever was remaining unpaid of any Subsidy formerly granted him and the Tonnage and Poundage usually received by the King besides the profit of the Sequestrations of great Persons whom they pleased to vote Delinquents and the profits of the Bishops Lands which they took to themselves a year or a little more after B. Seeing then the Parliament had such advantage of the King in Money and Arms and Multitude of Men and had in their Hands the King's Fleet I cannot imagine what hope the King could have either of Victory unless he resigned into their Hands the Sovereignty or subsisting for I cannot well believe he had any advantage of them either in Councellors Conductors or in the Resolutions of his Soldiers A. On the contrary I think he had also some disadvantage in that for though he had as good Officers at least as any then served the Parliament yet I doubt he had not so useful Councel as was necessary and for his Soldiers though they were men as stout as theirs yet because their Valor was not sharpned so with malice as theirs was of the other side they fought not so keenly as their Enemies did amongst whom there were a great many London Apprentices who for want of Experience in the War would have been fearful enough of Death and Wounds approaching visibly in glistering Swords but for want of Judgment scarce thought of such death as comes invisibly in a Bullet and therefore were very hardly to be driven out of the Field B. But what fault do you find in the King's Councellors Lords and other Persons of Quality and Experience A. Only that fault which was generally in the whole Nation which was that they thought the Government of England was not an absolute but a mixt Monarchy and that if the King should clearly subdue this Parliament that his Power would be what he pleased and theirs as little as he pleased which they counted Tyranny This opinion though it did not lessen their endeavour to gain the Victory for the King in a Battle when a Battle could not be avoided yet it weakned their endeavour to procure him an absolute 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 Counsel 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 looked for great benefit by their Service 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 pass'd at 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 rebellious as ever they had done before demanding of him That he would disband 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 made at all more than this that if they would disband their Army and put themselves upon his Mercy they should find him more Gratious than they expected A. That had been a gallant Answer indeed if it had proceeded from him after some extraordinary great Victory in Battle or some extraordinary assurance of a Victory at last in the whole War B. Why What could have hap'ned to him worse than at length he suffered notwithstanding his gentle Answers and all his reasonable Declarations A. Nothing but who knew that B. Any man might see that he was never like to be restored to his Right without Victory and such his stoutness 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
in defence of the Civil Power that must be punish'd by him whose Rights he defended like Vzza that was slain because he would needs unbidden put forth his Hand to keep the Ark from falling But what if a whole Nation should revolt from the Pope at once what effect could Excommunication have upon the Nation A. Why they should have no more Mass said at least by any of the Popes Priests Besides the Pope would have no more to do with them but cast them off and so they would be in the same Case as if a Nation should be cast off by their King and left to be governed by themselves or whom they would B. This would not be taken so much for a punishment to the People as to the King and therefore when a Pope Excommunicates a whole Nation methinks he rather Excommunicates himself than them But I pray you tell me what were the Rights that the Pope pretended to in the Kingdoms of other Princes A. First An Exemption of all Priests Friars and Monks in Criminal Causes from the Cognizance of Civil Judges Secondly Collation of Benefices on whom he pleased Native or Stranger and exaction of Tenths First Fruits and other Payments Thirdly Appeals to Rome in all Causes where the Church could pretend to be concern'd Fourthly To be the Supream Judge concerning Lawfulness of Marriage i. e. concerning the Hereditary Succession of Kings and to have the Cognisance of all Causes concerning Adultery and Fornication B. Good A Monopoly of Women A. Fifthly A Power of absolving Subjects of their Duties and of their Oaths of Fidelity to their lawful Sovereigns when the Pope should think fit for the extirpation of Heresie B. This Power of absolving Subjects of their Obedience as also that other of being Judge of Manners and Doctrine is as absolute a Sovereignty as is possible to be and consequently there must be two Kingdoms in one and the same Nation and no Man be able to know which of his Masters he must obey A. For my part I should rather obey that Master that had the Right of making Laws and of inflicting Punishments than him that pretendeth only to a Right of making Canons that is to say Rules and no Right of Co-action or otherwise punishing but by Excommunication B. But the Pope pretends also that his Canons are Laws and for punishing can there be greater than Excommunication supposing it true as the Pope saith it is that he that dies Excommunicate is damn'd Which supposition it seems you believe not else you would rather have chosen to obey the Pope that would cast you Body and Soul into Hell than the King that can only kill the Body A. You say true for it were very uncharitable in me to believe that all English men except a few Papists that have been born and called Hereticks ever since the Reformation of Religion in England should be damn'd B. But for those that die Excommunicate in the Church of England at this day do you not think them also damn'd A. Doubtless he that dies in sin without repentance is damn'd and he that is Excommunicate for disobedience to the Kings Laws either Spiritual or Temporal is Excommunicate for sin and therefore if he die Excommunicate and without desire of reconciliation he dies impenitent You see what follows but to die in disobedience to the Precepts and Doctrines of those Men that have no Authority or Jurisdiction over us is quite another Case and bringeth no such danger with it B. But what is this Heresie which the Church of Rome so cruelly persecutes as to depose Kings that do not when they are bidden turn all Hereticks out of their Dominions A. Heresie is a word which when it is used without passion signifies a private Opinion So the different Sects of the old Philosophers Academians Peripateticks Epicureans Stoicks c. were called Heresies but in the Christian Church there was in the signification of that word comprehended a sinful opposition to him that was chief Judge of Doctrines in order to the salvation of Mens Souls and consequently Heresie may be said to bear the same relation to the Power Spiritual that Rebellion doth to the Power Temporal and is suitably to be persecuted by him that will preserve a Power Spiritual and Dominion over Mens Consciences B. It would be very well because we are all of us permitted to read the Holy Scriptures and bound to make them the Rule of our Actions both publick and private that Heresie were by some Law defined and the particular Opinions set forth for which a man were to be condemned and punished as a Heretick for else not only Men of mean capacity but even the wisest and devoutest Christian may fall into Heresie without any will to oppose the Church for the Scriptures are hard and the Interpretations different of different men A. The meaning of the word Heresie is by Law declared in an Act of Parliament in the first year of Queen Elizabeth wherein it is ordain'd That the persons who had by the Queens Letters Patents the Authority Spiritual meaning the High Commission shall not have Authority to adjudge any Matter or Cause to be Heresie but only such as heretofore have been adjudged to be Heresie by the Authority of the Canonical Scriptures or by the first four General Councils or by any other General Council where the same was declared Heresie by the express and plain words of the said Canonical Scriptures or such as hereafter shall be adjudged Heresie by the High Court of Parliament of this Realm with the Assent of the Clergy in their Convocation B. It seems therefore if there arise any new error that hath not yet been declared Heresie and many such may arise it cannot be judged Heresie without a Parliament for how foul soever the error be it cannot have been declar'd Heresie neither in the Scriptures nor in the Councils because it was never before heard of and consequently there can be no error unless it fall within the compass of Blasphemy against God or Treason against the King for which a man can in Equity be punished Besides who can tell what is declared by the Scripture which every man is allowed to read and interpret to himself Nay more what Protestant either of the Laity or Clergy if every General Council can be a competent Judge of Heresie is not already condemned for divers Councils have declared a great many of our Doctrines to be Heresie and that as they pretend upon the Authority of the Scriptures A. What are those Points that the first four General Councils have declared Heresie B. The first General Council held at Nicaea declared all to be Heresie which was contrary to the Nicene Creed upon occasion of the Heresie of Arrius which was the denying the Divinity of Christ. The second General Council held at Constantinople declared Heresie the Doctrine of Macedonius which was that the Holy Ghost was created The third Council assembled at Ephesus condemned the
they thought worthy even to be Senators of Rome and to give every one of the Common People the Priviledges of the City of Rome by which they were protected from the Contumelies of other Nations where they resided Why were not the Scotch and English in like manner united into one People A. King James at his first coming to the Crown of England did endeavour it but could not prevail But for all that I believe the Scotch have now as many Priviledges in England as any Nation had in Rome of those which were so as you say made Romans for they are all naturaliz'd and have right to buy Land in England to themselves and their Heirs B. It 's true of them that were born in Scotland after the time that King James was in possession of the Kingdom of England A. There be very few now that were born before But why have they a better Right that were born after than they that were born before B. Because they were born Subjects to the King of England and the rest not A. Were not the rest born Subjects to King James And was not he King of England B. Yes but not then A. I understand not the subtilty of that distinction But upon what Law is that distinction grounded Is there any Statute to that purpose B. I cannot tell I think not but it is grounded upon Equity A. I see little Equity in this that those Nations that are bound to equal obedience to the same King should not have equal priviledges And now seeing there be so very few born before King James's coming in what greater priviledge had those ingrafted Romans by their Naturalization in the State of Rome or in the State of England the English themselves more than the Scotch B. Those Romans when any of them were in Rome had their Voice in the making of Laws A. And the Scotch have their Parliaments wherein their assent is requir'd to the Laws there made which is as good Have not many of the Provinces of France their several Parliaments and several Constitutions and yet they are all equally natural Subjects to the King of France and therefore for my part I think they were mistaken both English and Scotch in calling one another Forreigners Howsoever that be the King had a very sufficient Army wherewith he marched towards Scotland and by that time he was come to York the Scotch Army was drawn up to the Frontiers and ready to march into England which also they presently did giving out all the way that their March should be without damage to the Countrey and that their Errand was only to deliver a Petition to the King for the redress of many pretended Injuries they had receiv'd from such of the Court whose Counsel the King most followed so they passed through Northumberland quietly till they came to a Ford in the River of Tine a little above New-Castle where they found some little opposition from a Party of the King's Army sent thither to stop them whom the Scotch easily master'd and as soon as they were over seiz'd upon New-Castle and coming farther on upon the City of Duresme and sent to the King to desire a Treaty which was granted and the Commissioners on both sides met at Rippon The Conclusion was that all should be referr'd to the Parliament which the King should call to meet at Westminster on the third of November following being in the same Year 1640. and thereupon the King returned to London B. So the Armies were disbanded A. No the Scotch Army was to be defrayed by the Counties of Northumberland and Duresme and the King was to pay his own till the disbanding of both should be agreed upon in Parliament B. So in effect both the Armies were maintain'd at the King's charge and the whole Controversie to be decided by a Parliament almost wholly Presbyterian and as partial to the Scotch as themselves could have wished A. And yet for all this they durst not presently make War upon the King there was so much yet left of reverence to him in the Hearts of the People as to have made them odious if they had declared what they intended they must have some colour or other to make it believ'd that the King made War first upon the Parliament and besides they had not yet sufficiently disgraced him in Sermons and Pamphlets nor removed from about him those they thought could best counsel him Therefore they resolv'd to proceed with him like skilful Hunters first to single him out by Men disposed in all parts to drive him into the open Field and then in case he should but seem to turn head to call that a making of War against the Parliament And first they call'd in question such as had either preached or written in defence of any of those Rights which belonging to the Crown they meant to usurp and take from the King to themselves Whereupon some few Preachers and Writers were imprisoned or forced to fly The King not protecting these they proceeded to call in question some of the King 's own Actions in his Ministers whereof they imprisoned some and some went beyond Sea And whereas certain persons having endeavoured by Books and Sermons to raise Sedition and committed other crimes of high nature had therefore been censured by the King's Council in the Star-Chamber and imprisoned the Parliament by their own Authority to try it seems how the King and the People would take it for their persons were inconsiderable ordered their setting at liberty which was accordingly done with great applause of the People that flocked about them in London in manner of a Triumph This being done without resistance the King 's Right to Ship-Money B. Ship-Money what 's that A. The Kings of England for the defence of the Sea had power to tax all the Counties of England whether they were Maritime or not for the building and furnishing of Ships which Tax the King had then lately found cause to impose and the Parliament exclaim'd against it as an oppression and one of their Members that had been taxed but 20 s. mark the oppression a Parliament-man of 500 l. a year Land taxed at 20 s. they were forced to bring it to a Tryal at Law he refusing payment and he was cast Again when all the Judges of Westminster were demanded their Opinions concerning the Legality of it of Twelve that there are it was judged legal by Ten for which though they were not punished yet they were afrighted by the Parliament B. What did the Parliament mean when they did exclaim against it as illegal Did they mean it was against Statute-Law or against the Judgments of Lawyers given heretofore which are commonly called Reports or did they mean it was against Equity which I take to be the same with the Law of Nature A. It is a hard matter or rather impossible to know what other Men mean especially if they be crafty but sure I am Equity was not their ground for
as being a thing contrary to nature or to pay them any reverence or to care what they say except some few that may be delighted with their jingling I wish with all my heart there were enough of such discreet and ancient men as might suffice for all the Parishes of England and that they would undertake it But this is but a wish I leave it to the Wisdom of the State to do what it pleaseth B. What did they next A. Whereas the King had sent Prisoners into places remote from London three Persons that had been condemn'd for publishing seditious Doctrine some in writing some in publick Sermons the Parliament whether with his Majesties consent or no I have forgotten caused them to be released and to return to London meaning I think to try how the People would be pleas'd therewith and by consequence how their endeavours to draw the Peoples affections from the King had already prospered When these three came through London it was a kind of Triumph the People flocking together to behold them and receiving them with such Acclamations and almost Adoration as if they had been let down from Heaven In so much as the Parliament was now sufficiently assur'd of a great and tumultuous Party whensoever they should have occasion to use it On confidence whereof they proceeded to their next Plot which was to deprive the King of such Ministers as by their Wisdom Courage and Authority they thought most able to prevent or oppose their farther Designs against the King And first the House of Commons resolv'd to impeach the Earl of Strafford Lord Lieutenant of Ireland of High Treason B. What was that Earl of Strafford before he had that place And how had he offended the Parliament or given them cause to think he would be their Enemy for I have heard that in former Parliaments he had been as Parliamentary as any other A. His name was Sir Thomas Wentworth a Gentleman both for Birth and Estate very considerable in his own Countrey which was York-shire but more considerable for his Judgment in the publick Affairs not only of that Countrey but generally of the Kingdom and was therefore often chosen for the Parliament either as Burgess for some Burrough or Knight of the Shire For his Principles of Politicks they were the same that were generally proceeded upon by all men else that were thought fit to be chosen for the Parliament which are commonly these To take for the Rule of Justice and Government the Judgments and Acts of former Parliaments which are commonly called Presidents To endeavour to keep the People from being subject to Extra-parliamentary Taxes of Money and from being with Parliamentary Taxes too much oppressed To preserve to the People their Liberty of body from the Arbitrary Power of the King out of Parliament To seek redress of Grievances B. What Grievances A. The Grievances commonly were such as these The King 's too much Liberality to some Favorite The too much power of some Minister or Officer of the Common-wealth The misdemeanour of Judges Civil or Spiritual but especially all unparliamentary raising of Money upon the Subjects And commonly of late till such Grievances be redressed they refuse or at least make great difficulty to furnish the King with Money necessary for the most urgent occasions of the Common-wealth 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 1640. In all the Parliaments of the late King Charles before the Year 1640. my Lord of Strafford did appear in opposition to the King's demands as much as any man and was for that cause very much esteem'd 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 Authority of his Majesty B. How came he to change his mind so much as it seems he did A. After the dissolution of the Parliament holden in the Year 1627. and 1628. the King finding no Money 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 useful also for him in the times that came on and not long after he made him of the Council and after that 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 dyed In which Year he was made General of the King's Forces against the Scots 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 for 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 was to expect his safety What was the Treason they laid to his charge A. Many Articles were drawn up against him but the sum of them was contained in these two First That he had traiterously endeavoured to subvert the fundamental Laws and Government of the Realm and in stead thereof to introduce an Arbitrary and Tyrannical Government against Law Secondly That he had laboured to subvert the Rights of Parliaments and the ancient 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 complained 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 how 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 any Man whose Life they meant to take away B. Was
to perform July the 11 th the Parliament sent their Propositions to the King at New-Castle which Propositions they pretended to be the only way to a setled and well grounded Peace They were brought by the Earl of Pembroke the Earl of Suffolk Sir Walter Earle Sir John Hyppesly Mr. Goodwin and Mr. Robinson whom the King asked if they had power to Treat and when they said no why they might not as well have been sent by a Trumpeter The Propositions were the same dethroning ones which they used to send and therefore the King would not assent to them Nor did the Scots swallow them at first but made some exceptions against them only it seems to make the Parliament perceive they meant not to put the King into their hands gratis And so at last the bargain was made between them and upon the payment of 200000 l. the King was put into the hands of the Commissioners which the English Parliament sent down to receive him B. What a vile Complexion has this Action compounded of feigned Religion and very Covetousness Cowardice Perjury and Treachery A. Now the War that seemed to justifie many unseemly things is ended you will see almost nothing else in these Rebels but baseness and falseness besides their folly By this time the Parliament had taken in all the rest of the Kings Garrisons whereof the last was Pendennis Castle whither Duke Hamilton had been sent Prisoner by the King B. What was done during this time in Ireland and Scotland A. In Ireland there had been a Peace made by order from his Majesty for a time which by Divisions amongst the Irish was ill kept the Popish Party the Pope's Nuntio being then there took this to be the time for delivering themselves from their subjection to the English Besides the time of the Peace was now expir'd B. How were they subject to the English more than the English to the Irish They were subject to the King of England but so also were the English to the King of Ireland A. This Distinction is somewhat too subtil for common Understandings In Scotland the Marquess of Montrosse for the King with a very few Men and miraculous Victories had over-run all Scotland where many of his Forces out of too much security were permitted to be absent for a while of which the Enemy having Intelligence suddenly came upon them and forced them to fly back into the Highlands to recruit where he began to recover strength when he was commanded by the King then in the hands of the Scots at New-Castle to disband and he departed from Scotland by Sea In the end of the same year 1646. the Parliament caused the Kings Great Seal to be broken also the King was brought to Holmeby and there kept by the Parliaments Commissioners and here was an end of that War as to England and Scotland but not to Ireland About this time also died the Earl of Essex whom the Parliament had discarded B. Now that there was peace in England and the King in prison in whom was the Sovereign Power A. The Right was certainly in the King but the Exercise was yet in no body but contended for as in a Game at Cards without fighting all the years 1647. and 1648. between the Parliament and Oliver Cromwel Lieutenant-General to Sir Thomas Fairfax You must know that when King Henry the 8 th abolished the Popes Authority here and took upon him to be the Head of the Church the Bishops as they could not resist him so neither were they discontented with it For whereas before the Pope allowed not the Bishops to claim Jurisdiction in their Diocesses Jure Divino that is of Right immediately from God but by the Gift and Authority of the Pope now that the Pope was outed they made no doubt but the Divine Right was in themselves After this the City of Geneva and divers other places beyond Sea having revolted from the Papacy set up Presbyteries for the Government of their several Churches and divers English Scholars that went beyond Sea during the persecution in the time of Queen Mary were much taken with this Government and at their return in the time of Queen Elizabeth and ever since have endeavour'd to the great trouble of the Church and Nation to set up that Government here wherein they might domineer and applaud their own Wit and Learning and these took upon them not only a Divine Right but also a Divine Inspiration and having been connived at and countenanced sometimes in their frequent preaching they introduced many strange and many pernicious Doctrines out-doing the Reformation as they pretended both of Luther and Calvin receding from the former Divinity or Church-Philosophy for Religion is another thing as much as Luther and Calvin had receded from the Pope and distracted their Auditors into a great number of Sects as Brownists Anabaptists Independents Fifth-monarchy-men Quakers and divers others all commonly called by the name of Fanaticks in so much as there was no so dangerous an Enemy to the Presbyterians as this brood of their own hatching These were Cromwel's best Cards whereof he had a very great number in the Army and some in the House whereof he himself was thought one though he were nothing certain but applying himself always to the Faction that was strongest was of a colour like it There were in the Army a great number if not the greatest part that aimed only at rapine and sharing the Lands and Goods of their Enemies and these also upon the opinion they had of Cromwel's Valor and Conduct thought they could not any way better arrive at their ends than by adhering to him Lastly in the Parliament it self though not the Major part yet a considerable number were Fanaticks enough to put in doubts and cause delay in the resolutions of the House and sometimes also by advantage of a thin House to carry a Vote in favour of Cromwel as they did upon the 26 th of July For whereas on the fourth of May precedent the Parliament had voted that the Militia of London should be in the hands of a Committee of Citizens whereof the Lord Major for the time being should be one shortly after the Independents chancing to be the major made an Ordinance by which it was put into hands more favourable to the Army The best Cards the Parliament had were the City of London and the Person of the King The General Sir Tho. Fairfax was right Presbyterian but in the hands of the Army and the Army in the hands of Cromwel but which Party should prevail depended on the playing of the Game Cromwel protested still obedience and fidelity to the Parliament but meaning nothing less bethought him and resolv'd on a way to excuse himself of all that he should do to the contrary upon the Army Therefore he and his Son-in-law Commissary-General Ireton as good at contriving as himself and at speaking and writing better contrive how to mutiny the Army against the Parliament To
to signifie the Declaration of the War and to get them to their Party recalled their Ambassadors 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 quarreling 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 determined for the end of their sitting the fifth 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 whom they pleas'd in a High Court of Justice erected there for that purpose Amongst those that were executed was hang'd Sir Phelim Oneale who first began the Rebellion In Scotland the English built some Citadels for the bridling of 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 23 d of this present year 1653. a time very seasonable For though the Dutch were not mastered yet they were much weakned 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 more ado attended by the Major-Generals Lambert and Harrison and some other Officers and as many Soldiers as he thought fit he went to the Parliament-house and dissolv'd them turned them out and locked 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 scorned and derided B. Now that there was no Parliament who had the Supream Power A. If by Power you mean the Right to govern no body had it if you mean the Supream 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 invented 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 rebelled 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 Supream 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 Sovereign 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 Sovereign 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 A. This is a Title that very few men understand His way was to get the Supream Power confer'd upon him by Parliament Therefore he call'd a Parliament and gave it the Supream 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 in stead 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 Councel of State of his own Creatures to be the Supream Authority of England but no longer than till the next Parliament should be called and met Thirdly he summoned 142 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 Fanaticks though stiled by Cromwel men of approved fidelity and honesty To these the Councel of State surrendred the Supream Authority and not long after these men surrendred it to Cromwel July the fourth this Parliament met and chose for the Speaker one Mr. Rous and called themselves from that time forward the Parliament of England but Cromwel for the more surety constituted also a Councel of State not of such petty fellows as most of these were but of himself and his principal Officers These did all the business both publick and private making Ordinances and giving Audience to Forreign 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 afterwards he was imprison'd 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 that 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 Sovereign but King Jesus nor any to govern under him but the Saints