particulars no question I might easily offer something particular for debate if I thought that that would answer the end for truely I know my end and yours is the same that is to bring things to an issue one way or other that we may know where we are that we may attain that general end that is Settlement the end is in us both and I durst contend with any one person in the world that it is not more in his heart than in mine I could go to some particulars to ask a Question or ask a Reason of the Alteration which would well enough let you into the business that it might yet I say it doth not answer me I confess I did not so strictly examine that Order of reference or whether I read it or no I cannot tell you If you will have it that way I shall as well as I can make such an Objection as may occasion some answer to it though perhaps I shall object weak enough I shall very freely submit to you Lord Chief-Justice THe Parliament hath commanded us for that end to give your Highness satisfaction Lord Commissioner Fines MAy it please your Highness Looking upon the Order I finde that we are impowred to offer any Reasons that we think fit either for the satisfaction of your Highness or maintenance of what the Parliament hath given you their advice in and I think we are rather to offer to your Highness the Reasons of the Parliament if your Highness Dissatisfaction be to the Alteration of Government in general or in particular Lord Protector I Am very ready to say I have no Dissatisfaction that it hath pleased the Parliament to finde out a way though it be of alteration to bring these Nations into a good Settlement and perhaps you may have judged the Settlement we were in was not so much for the great End of Government the Liberty and Good of the Nations and the preservation of all those honest Interests that have been engaged in this Cause I say I have no exception to the general that the Parliament hath thought fit to take consideration of a new Settlement or Government but you having done it as you have and made me so far interested in as to make such an Overture to me I shall be very glad if you so please to let me know it that besides the pleasure of the Parliament may be somewhat of the Reason of the Parliament for interesting me in this thing and for making the alteration such as it is Truly I think I shall as to the other particulars swallow this I shall be very ready to assign particular Objections to clear that to you that may be either better to clear or to help me at least to a clearer understanding of the things for better good for that I know is in your hearts as well as mine Though I cannot presume that I have any thing to offer to you that may convince you But if you will take in good part I shall offer somewhat to every particular If you please as to the first of the thing I am clear as to the ground of the thing being so put to me as it hath been put I think that some of the grounds upon which it is done will very well lead into such Objections or Doubts as I may offer and will be a very great help to me in it and if you will have me offer this or that or the other doubt that may arise methodically I shall do it Lord Whitlock I Am very much assured that all this company is come with the same Affection and faithful Respect to the Publick Settlement as your Highness hath pleased to express For my part I do with a great deal of Clearness and Faithfulness and in my particular apprehension I conceive that the Method that your Highness mentioned to proceed in we may answer and if any Gentleman be of another opinion he will be pleased to correct me in it The Parliament taking consideration of the present Government and the Instrument that doth establish it seemeth to my apprehension to be of opinion that it was very fit there should be some course taken for a Settlement in the Government of the Nation by the Supream Legislative Power your Highness and the Parliament concurring together in it they found the Instrument of Government in the Original and Foundation of it to require this Settlement by the Supream Legislative Power in regard of the Original of the other which they did as I apprehended by some Gentlemens Debates upon it might be an occasion of some doubts and of less stability if it were left to continue upon the same foundation it is That it will not be so clear a Settlement and Foundation for the Preservation of the Rights and Liberties of the Nation as if we came to a Settlement by the Supreme Legislative Power upon that ground it was taken into Consideration and a Settlement brought to effect upon very solemn full and candid Debates among themselves in Parliament Their Intentions I suppose were only these To provide for the Safety and Peace of the Nations hereafter to provide for the Rights and Liberties both Spiritual and Civil of the People of these Nations and in order to make the best provision they could for these great Concernments of the People the Petition and Advice which they have humbly presented to your Highness was brought to a determination by them For that particular which your Highness did formerly intimate when the Parliament did attend upon you the Committee of the Parliament and which you are now pleased to intimate concerning the Title I do humbly apprehend the grounds of that to be these The foundation of that Title of Protector being not known by the Law being a new Title it was thought that the Title which is known by the Law of England for many Ages many hundred of years together received and the Law fitted to it and that to the Law that it might be of more certainty and clear Establishment and more conformable to the Laws of the Nation that that Title should be that of King rather than that other of Protector There is very much as to the essence of the business as some Gentlemen did apprehend That the Title should be a known Title that hath been in all these Times and Ages received and every particular person hath occasion of knowing of it and of his Rights applied to it And likewise of the general Rights of the People and their Liberties have an application to that Name which application cannot be so clear and so certain to a new Title the Title of Protector Some Gentlemen I heard reason it that the Title of Protector is only upon the Original and Foundation as it now stands but the Title of King besides the Constitutions by which it shall be made will likewise have a Foundation upon the old and known Laws of the Nation So that there will be both the present
do it which is evident by their inserting it amongst these three things which they esteem fundamental as to the settlement yea they have placed at the head of all those fundamentals and laid so great stresses on it that in their humble Petition and advice they declare that if it be not accepted of the whole shall be esteemed null and void so that the highest necessity imposed by a Parliament will have the best acceptance your Highness was pleased to mention that we had recent experiments what the supreme Magistracy of the Nation might be well carried into all effects and purposes under another Name and Title than that of King viz. under the name of Keepers of the liberty of England and under the name of Protector but I shall humbly beseech your Highness to consider that because that was not grounded upon the old known Laws it was of very short duration and the second for the same reason the Parliament is now petitioning and advising your Highness to alter so what is brought as are arguments to prove what your Highness mentions possibly may rather evince the contrary besides Sir it is confession on all hands that these two changes sprung from necessity therefore were not neither ought to be of longer continuance than that necessity which caused them and this is the great and real difference between constitutions that are established meerly because necessary and those that are established meerly because good for what is only of necessity is but temporary as no effect lasts longer than it's cause but what is good in it's own nature is always good and if by intervening accidents it be a while clouded yet at length it shines and overcometh and all wise men do desire to revert unto it To prove that the first of these changes the Keepers of the liberty of England was only an act of necessity and not of choice I need but mind your Highness of what the Masters of the Rolls then spake of the Parliament did even now evert that after the absolution of Kingship the Parliament were necessitated to advise with a Civilian of another Nation what the Hollander had done what they did they were at a loss what to do the providence of God hath so altered the temper of officers between that time and this present that the change appeared best because necessary but the Parliament esteems the change now desired necessary because best nor can we possibly better express our thankfulness for the opportunity which now God hath put into our hands than to employment to make the best and lastingest settlement all things are best which are found best upon tryal but all the changes we have been under of late were upon belief not experiment and having had an essay of all the Parliament have sound that above all Kingship is the best so that by the best judges and by the best way of judging that form of Government now presented to your Highness hath the preceeding in the peoples opinion and therefore is hoped you will have it in yours It may possibly be fit for your Highness observation that the best breach which happened amongst those worthy persons which instrumentally carried on our Common cause arise from the taking away the Title and Office of King so often declared for and engaged to be maintained by the Parliament till then we went hand in hand and took sweet council together and if the abolishing thereof caused so sad a breach probably the restoration of it may make it up again Your Highness was pleased to say you assumed the Office you now bear with no better hope than to prevent mischief questionless we may expect better fruits from the supreme Magistracy and if your Highness who is every way so worthy of that office had no better hopes under the Title Protector we may justly subscribe it not unto your self but unto the constitution of Government you acted under and therefore your Highness do assume the Supreme Magistracy according to the Laws we shall both hope and believe that you will not only prevent ill but do much good the best Governour being grasted upon the best Government Your Highness expressed some doubts that the providence of God hath blasted the Kings office in the dust and that by an act of Parliament was laid aside but I humbly hope your Highness will pardon me if I cannot have the like apprehension I cannot believe if that office were blasted by the hand of God that the Parliament would advise and Petition you to take it up Besides Sir the very act which first cast out the Kingly Office did also cast out the Supreme Magistracy in any single person yea by way of election or otherwise therefore I begg your pardon if I cannot think that act of Parliament can be interpreted as a providential blasting of that office which your Highness thought necessary to accept of and by virtue of which we have for some years past enjoyed quiet and protection So that if Kingship be blasted then Supreme Magistracy in a single person is as much being both equally declared against at the same time and in the same Act of Parliament and that since your Highness by your actingsâ— have evinced you did not believe the Supreme Magistracy in a single person was blasted by providence you will permit us to believe that Kingship is no more blasted than that the same authority and the same act having blemished as far as it could both alike but your Highness is pleased to say Kingship is cast out de facto If the weight of the argument do rest thereon your Highness by accepting the Petition and Advice of the Parliament will make your argument as strong for Kingship as ever it was against it and 't is hoped your Highness will not doubt that what one Supreme authority did suppress another may erect that seemed necessary then in the judgment of them only then they knew not what to do when they had erected Kings and we shall be in the like perplexity if now you accept not of this What the long Parliament did after so long a War must be considered rather as result of providence than the casting out the other The Estate of Parliament must be considered under that notion also and yet I think there is few that esteem it not as fit to refer it again under due qualifications as then 't was esteemed fit not to allow of it under any if also your Highness arguments were carried on as farr as it might be I apprehend it might also bring it in question that the Parliaments were blasted by providence for whoever allows not the dissolving of the long Parliament to be under that notion will hardly find a good reason for its dissolution but it may be answered that it may not cast down in reference to some that acted in it who were suspected to have a design of perpetuating themselves in that authority which would have turned what should have been
and respect to the Parliament whose sence in this I may presume to speak that never any persons met their Supream Magistrate with more love duty and honour than the Parliament have met your Highness with in their present and addresses which argument of Love deserves the esteem and force which I doubt not but your Highness will put upon it I am fearful to be too tedious at any time especially at so late an hour and therefore shall speak but short to some things which I remember not to have been mentioned Your Highness was pleased at the last meeting to say that the original Institution of the Title King was by common consent and that the same common consent might institute any other Title and make it as effectual as that of King this must be acknowledged but withal you may be pleased to observe that the Title of King is not only by an original common consent but that consent also proved and confirmed and the Law fitted thereunto and that fitted to the Laws by the experience and industry of many ages and many hundreds of years together whereas any other Title will be only by present common consent without that experience and approbation for that experience which your Highness mentioned to have been of other Titles and the due administration of Justice under them this experience is far short of the other and for the course of Justice we have cause to thank that care which plac'd so Good Judges and Officers over us yet give me leave to say that in private causes between Party and Party and in publick matters in nominal causes it was not easy to find justice to be done by some Jurors and many questions have risen upon the occsion of those new Titles concerning that tender point of good mens satisfaction I think it requires a very great regard from us and I doubt not but those good people will be fully satisfied if they consider the covenants promises and precepts which in the Scriptures are annext to the name of King and although some have alledged that they belong to any chief Magistrate as well as to King yet no man did ever read the Original word translated otherwise than King neither do I find the present Title once mentioned in the holy Text if the present authority be a lawsul authority which I hope none of us will deny surely those good men who are so well principled in godliness will not forget that precept of submission to authority and to be satisfied with that which lawful authority shall ordain Their Rights and Liberties are the same with ours and the Parliament cannot advise any thing for the preservation of the peoples Rights but these good men are included which I hope will be no disatisfaction to them in all the changes which we have seen there hath been a dissatisfaction to some yet still the blessing of God hath gone along through all these changes with those who carried on his interest and the cause being the same the same mercies have been continued and I doubt not but if the intended change or rather restitution be made as I hope it will I doubt not but the same God will continue his blessings to that good old cause wherein we are engaged and that good men receive satisfaction by it Your Highness hath been told that the Title of King is upon the foundation of Law and that a new Title must have a constitution to make the Laws relate unto it and that unto the Laws I shall only add this that a Title by relation is not so certain and safe as a Title upon the old foundation of the Law and that a Title upon a present single constitution as any new Title must be cannot be so firm as a Title both upon the present constitution and upon the old foundation of the Law likewise which the Title of King will be if any inconvenience should ensue upon your acceptance of this Title which the Parliament adviseth your Highness satisfaction will be that they did advise it On the contrary part if inconvenience should arise upon your Highness refusal of this Title which the Parliament hath advised your burden will be the greater And therefore whatsoever may fall out will be better answered by your Highness complying with your Parliament than otherwise This question is not altogether new some instances have been given of the like to which I shall add two or three the Titles of the Kings of England in the Realm of Ireland was Lord of Ireland And the Parliament in the 33. year of Hen. 8. reciting that inconveniences did arise there by reason of that Title did enact that Hen. 8. should assume the Stile and Title of King of Ireland which in the Judgement of this Parliament was preferred before the other In the State of Rome new Titles proved fatal to their liberties Their case was not much unlike ours they were wearied with a civil War and coming to a settlement Cuncta discordiis civilibus fessa nomine principis sub imperium accepit some would not admit the Title Rex to be used but were contented to give the Titles of Caesar perpetuus Dictator Princeps Senator Imperator Non sum Rex sed Caesar came at last to this Voluntas Caesaris pro lege habeatur the Northern people wers more happy amongst themselves a private Gentleman of a noble family took up arms with his Countrey-men against a Tyrant and by the blessing of God rescued their native liberties and rights of their Country from the oppression of that Tyrant This Gentleman had the Title of Marshall given unto him which continued for some years Afterwards their Parliament judging it best to resume the old Title elected this Gentleman to be their King and with him was brought in the liberty of Protestant Religion and the establishment of the civil rights of that people which have continued in a prosperous condition ever since unto this day Sir I shall make no other application but in my prayers to God to direct your Highness and the Parliament as I hope he will to do that which will be most for his honour and the good of his people The Lord Protectors Speech April 26. 1657. I Have as well as I could considered the Arguments used by you the other day to inforce the conclusion that refers to the name and Title that was the Subject matter of the debates and conferences that have been between us I shall not now spend your time nor my own much in â—â—â—â—ating those Arguments and in giving answers to them although indeed I think they are but the same that they were formerly only there were some additional inforcements of those arguments by new instances I think truely after the rate of Debate I may spend your time which I know is very precious and unless I were a satisfied person the time would spinne out and be very unprofitable spent so it would I onely must say a word or two
we can send our children 〈◊〉 France before they know God or good manners and return with all the Licentiousness of that Nation neither care taken to educate them before they go nor to keep them in good order when they come home indeed this mâ—kes the Nation which not only committing those abominable things most inhumane things amongst us but hardens men to justifie those things and the Apostle saith not only to do wickedly themselves but take pleasure in them that do so and truly if something be not done in this kind without sparing that condition of men without sparing mens Sons though they be Noble mens Sons let them be who they will is deboist it is for the glory of God that nothing of outward consideration should save them in their debauchery from a just punishment and reformation and truly I must needs say it I would as much bless God to see something done as to that heartily upon this account not only to those persons mentioned but to all the Nation that some course might be taken for reformation that there might be some stop put to such a current of wickedness and evil as that is and truly to do it heartily and nobly and worthily the Nobility of this Nation especially and the Gentry will have cause to bless you and likewise that some care might be taken that those good Laws already made for the punishing of vice may be effectually put in execution This must I needs say of our Major Generals that do you service I think it was an excellent good thing I profess I do and I hope you will not think it unworthy of you that when you have seen that though you have good against the common countrey disorders that are every where who is there to execute them really a Justice of peace shall from the most be wondred at as an Owl if he go but one step out of the ordinary course of his fellow Justices in the reformation of these things and therefore I hope may represent that to you as a thing worthy of your consideration that something may be found out to suppress such things I am perswaded you would glorifie God in it as much as by any one thing you can do and so I think you will pardon me I cannot tell in this Article that I â—m now to speak unto whether I speak to any thing or nothing There is a desire that the publick Revenue be not alienated but by the consent of the Parliament I doubt publick Revenue is like Custodes libertatis Angliae that is a notion only and not to be found as I know of but if there be any and God bless us in our settlement there will be publick Revenue accurring and whether you will subject this no any alienation without the consent of the Parliament is that which is offered to you truly this thing that I have further to offer to you it is the last in this paper and it is a thing that is mentioned in the 16. Article that you would have those Acts and Ordinances that have been made since the late troubles during the the time of them that they should if they be contrary to this advice that they should remain in such force in such manner as if this advice had not been given why that that is doubted is whether or no this will be sufficient to keep things in a settled condition because it is but an implication it is not determined but you do pass by the thing without such a foundation as will keep those people which are now in possession of estates upon this account that their Titles may be questioned and shaken if that be not explained and truly I believe you intend very sully in this business if the words already do not suffice that I submit to your own advisement but there is in this a very great consideration there hath been since the Government several Acts and Ordinances that have been made by the exercise of that Legislative power that was exercised since we undertook this government and I think your instrument speaks a little more faintly to these and dubiously than to the other and truly I will not make Apology for any thing but surely two persons two sorts of men will be meerly concern'd upon this account that is they that are exercised and the persons who are the objects of that exercise it dissettles them wholly if you be not clear in your expression in this business it will dissettle us very much to think that the Parliament that doth not approve well of what hâ—th been done upon a true ground of necessity as far as it hath saved this Nation from mâ—â—ing inâ—o total arbitrariness or subiect it to any sort of men that would perhaps do so We think we have in thâ—t thing deserved well of the State if any man wâ—ll ask â—e but alâ— Sir what have you done since why ah as I w ll confess my fâ—ult where I am guilty so I think taking the things as they were I th nk we did the Coâ—â—â—â—â—â—n wealth servâ—ce aâ—d we have in that made great settlements that have we we have setled almost all the whole affairs in Ireland the rights and interests of the souldiers there and of the planters and adventurers and truly we have setled very much of the busines of the Ministry and I could wish that that be not to secure the grave men I wish it be not but I must needs say if I have any thing to rejoyce before the Lord in this world as having done any good or service I can say it from my heart and I know I say the truth that it hath been let any man say what he will to the contrary he will give me leave to enjoy my own opinion in it and conscience and heart dare bear my testimony to it there hath not been such a service to England since the Christian Religion was perfect in England I dare be bold to say it however here and there there may have been passion and mistakes and the Ministers themselves take the generality of them they will tell it is besides the instructions and we did take it upon that account and we did not upon to do that which we did virtute instituti as a Jure Divino but as a civil good but so we end in this thing we know not better how to keep the Ministry good and to augment it to goodness than to put such men to be Triers men of known integrity and piety Orthodox men and fai hful we know not how better to answer our duty to God and the Nation and the people of God in that respect in doing what we did and I dare say if the grounds upon which we went will not justifie us the issue and event of it doth abundantly justifie us God having had exceeding glory by it in the generality of it I am confident forty-fold for as heretofore the men that have been admitted into
Treason's Master-piece OR A CONFERENCE Held at WHITEHALL BETWEEN OLIVER The late USURPER AND A COMMITTEE OF The then pretended PARLIAMENT Who desired him To take upon him the Title of KING of England c. with an intent to exclude the ROYAR LINE WHEREIN Many of the Leading-men of those times did by unanswerable Arguments assert and prove MONARCHY to be the only legal ancient and necessary form of Government in these Kingdoms Collected by a faithful hand LONDON Printed for Daniel Major at the Hand and Scepter in Fleetstreet near St. Duâ—stan's-Church 1680. THE PREFACE IT may be said and that very truely That this Island of Great Britain which though so called is but as it were a Span of ground if compared with many Islands in the Universe hath been a greater Stage or Field of Blood for many Centuries of years last past than any other Island or Nation in the world though of far larger Dimensions and capacity of People And what hath been the occasion of those tragical Revolutions which have happened therein especially in the last Age is too easie for any impartial man to judge if he observe the Series of the several Passages from 1641 to 1659. The strange Jealousies of the Government which had crept into the minds of the People and the desire of Change a thing natural to the Vulgar together with the subtile Artifices of the principal Engines of the late Confusions who stimulated the Disloyalty of the People under a specious pretence of Piety and Reformation when indeed nothing but Covetousness and vile Ambition as the chief End and Rebellion as the means to attain to that End lay like the Snake in the Grass did diffuse such a general Infection through the Veins of the whole Kingdom as if nothing but the Swords of the Incendiaries could have been the Instruments to let out that ill Bloud They directed their Points against the credulous People as well as against the King who they said had offended They slaughtered many and many thousands of poor cheated and deluded men as well as embrued their hands in the bloud of their sacred and lawful Soveraign They deceived their ignorant Fellow-subjects as the Turkish Emperours are mentioned in Story to impose upon their common Souldiers who when their Armies were to ford any unpassable River were wont to perswade them that as many of them as would throw themselves in and make a Pile with their Bodies which should fill or dam up that depth should be sure to go to Elysium Thus did these Time-Reformers wade through the Gore of the ignorant People till they had arrived to the desired shore of their Lust and Ambition But no sooner were they gotten into the Seat of Supremacy but they fell out amongst themselves like so many Robbers for a Booty who should have the greatest share in the Spoil and Havock they had made of a Rich and Opulent Kingdom and who should be the Governours to prescribe Laws and Methods of Regiment over the People And at last the stronger Party of them found it was necessary to keep that Power they had by Arbitrary Government viz. force of Arms such a Force as before they dreamt was intended against them And when they saw their illegal form of No-Government was not like to be long-liv'd and found by Experience that the Nation could be no longer supported under nor relieved from the Exorbitancies of their confused Anarchy then they had Wit enough to prove by Arguments that MONARCHY was the onely LEGAL ANCIENT and NECESSARY Form of Government though they had not so much Honesty as to restore that King to his Throne who had Right to rule over them but endeavoured to set up an Usurper From whence may be concluded That it was not Monarchy alone they first struck at but the utter Exclusion of the Royal Line And this Artifice had certainly taken effect had it not been prevented by the under-hand Policies of Lambert and some others of the then Ring-leaders for though Cromwel made a seeming Denyal yet it might have been fatal to have trusted him too far And now Reader having said this I think I need not make any Apology for the publishing the ensuing Collection at such a time as this is a time which looks so black and dismal which seems to be as it were the Ghost or representation in Effigie of 1641 a Time wherein the Government is threatned by two vast Extreams and seems to stand inter Scyllam Charybdim And I could heartily wish that a due Consideration of what is herein contained may serve to the converting the mindes of several persons who I fear are almost ready to revive the Good Old Cause and act over the old Tragedy again And seeing Regal Government is the great Basis on which the Welfare of this Kingdom stands I wish that all English men would be so far from thinking of the alteration of this admirable Constitution as to bless Almighty God that we have a King already such a King whose transcendent Clemency towards us hath far exceeded our deserts such a King to whom next under God we owe our Laws Religion Wealth Liberty and Property and who graciously condescended to pass An Act of Oblivion upon his Restauration Therefore pray for an Establishment of the present Government to the end of days as prayeth A hearty lover of his King and Country C. C. Thursday the Ninth of April 1657. ORdered by the Parliament that a Committee be appointed to wait upon his Highness the Lord Protector in reference to what his Highness did yesterday propose in his Speech now reported to the House Resolved That this Committee have power to receive from his Highness his doubts and scruples touching any of the particulars contained in the humble Petition and Advice formerly presented and in answer thereunto to offer to his Highness reasons for his satisfaction and for the maintainance of the Resolutions of this House and such particulars as they cannot satisfie his Highness in that they report the same to the Parliament The Names of the Committee Lord Whitlock Lord Broghill Master of the Rolls Lord Commissioner Lisle Mr. Waller Lord Chief Justice Sir Charles Woolseley Gen. Montague Col. Jepson Sir Thomas Jones Sir William Strickland Col. Thistlethwait Lord Commissioner Fines Sir Richard Onslow Sir Rich. Lucy Mr. Secretary Atturney of the Dutchy Atturney General Mr. Godfrey Lord Howard Col. Jones Col. Carter Col. Whitgrave Col. Brooks Mr. Lee. Mr. Jenkinson Mr. Bampfield Mr. Drake Col. Ingoldsby Mr. Pitts Mr. Pickering Lord Cockram Mr. Grove Mr. Lloyd Mr. Nath. Bacon Mr. Ingoldsby Lord Provost of Edenb Mr. Bedfor Col. Ireland Col. Hacker Major Wagstaffe Mr. Franc. Bacon Mr. Downing Mr. Price Maj. Gen. Whaley Sir John Reynolds Mr. Steward Sir Christ Pack Mr. Lawrence Alderm Foot Capt. Lilburne Sir William Roberts Mr. Trevor Mr. Baron Parker Mr. Tigh Sir John Hobart Mr. Hamden Mr. Cromwell Mr. Throgmortou Mr. Fleetwood Mr. Philips Maj. Gen. Goffe Mr. Fowell
of praise to God and it hath some instruction in it to own men that are religious and godly and so many of them as are peaceably and honestly and quietly disposed to live within Government as will be subject to those Gospel Rules of obeying Magistrates and living under Authority I reckon no godliness without this Circle but without this spirit let it pretend what it will it is diabolical it is devilish it is from diabolical spirits from the height of Jothams wickedness why truely I need not say more than to apply it thus I will be bold to apply this to this purpose because it is my all I could say as all the world says and run headily upon any thing I must tender this to you as a thing that sways with my Conscience or else I were a Knave and a Deceiver I tell you there are such men in this Nation that godly men of the same spirit men that will not be beaten down with a worldly nor carnal spirit while they keep their integrity I deal plainly and faithfully with you that I cannot think that God would bless in undertaking of any thing that will justly and with cause grieve them that they will be troubled without cause I must be a Slave if I should comply with any such humour I say that are honest men and faithful men and true to the great things of the Government to wit the Liberty of the people giving them that is due to them and protecting this Interest I think verily God will bless you for it but if that I know as indeed I do that very generally good men do not swallow this Title though really it is no part of their goodness to be unwilling to submit to what a Parliament shall settle over them yet I must say that it is my duty and my Conscience to beg of you that there may be no hard things put upon me things I mean hard to them that they cannot swallow If the Nation may as well be provided for without these things that I have Printed to you as according to my apprehension it may I think truly it will be no sin in you it will be to you as it was to David in another ease no grief of heart to yours that you have a tenderness even possibly if it be their weakness to the weakness of those that have integrity and honesty and uprightness and are not carried away with the hurries that I see some are who think that their vertue lies in despising Authority opposing it I think you will be the better able to root out of this Nation that spirit and principle and it is as desirable as any thing in this world by complying indulging and being patient to the weakness and infirmities of men that have been faithful and have bled all along in this Cause and are faithful and will oppose all oppositions I am confident of it to the things that are the fundamentals in your Government in your settlement for civil and Gospel Liberties I confess for it behoves me to deal plinly with you I must confess I would say I hope I may be understood in this for indeed I must be tender what I say to such an audience as this is I say I would be understood that in this Argument I do not make Paralel between men of a different mind and a Parliament which shall have their desires I know there is no comparison nor can it be urged upon me that my words have the least colour that way because the Parliament seems to give liberty to me to say any thing to you as that that is a tender of my humble reasons and judgment and opinion to them and if I think they are such and will be such to them and are faithful servants and will be so to the Supream Authority and the Legislative wheresoever it is if I say I should not tell you knowing their minds to be so I should not be faithful if I should not tell you so to the end you may report it to the Parliament I will say something for my self for my own mind I do profess it I am not a man scrupulous about words or names or such things I have not but as I have the word of God and I hope I shall ever have for the rule of my Conscience for my informations so truely men that have been led in dark paths through the providence and dispensation of God why surely it is not to be objected to a man for who can love to walk in the dark but providence doth often so dispose And though a man may impute his own folly and blindness to providence sinfully yet it must be at my peril the case may be that it is the providence of God that doth lead men in darkness I must needs say I have had a great deal of experience of Providence and though it is no rule without or against the word yet it is a very good expositor of the word in many cases Truely the Providence of God hath laid aside this Title providentially de facto and this not by suddain humour or passion but it hath been by issue of as great deliberation as ever was in a Nation it hath been the issue of ten or twelve years Civil War wherein much blood hath been shed I will not dispute the justice of it when it was done nor need I now tell you what my opinion is in the case were it de novo to be done but if it be at all disputable and that a man comes and finds that God in his severity hath not onely irradicated a whole family and thrust them out of the Land for reasons best known to himself and hath made the issue and close of that to be the very irradication of a Name or Title which de facto is it was not done by me nor by them that tendred me the Government that now I act in it was done by the Long Parliament that was it and God hath seemed providential not onely to strike at the Family but at the Names and as I said before de facto it is blotted out it is a thing cast out by an Act of Parliament 't is a thing that hath been kept out to this day and as Jude saith in another case speaking of abominable sins that should be in the latter times he doth likewise when he comes to exhort the Saints he tells them they should hate even the garments spotted with the flesh I beseech you think not that I bring this as an argument to prove any thing God hath seemed so to deal with the persons and with the Family but he blasted the Title and you know when a man comes à parte post to reflect and see this is done and laid in the dust I can make no conclusion but this they may have strong impression upon such weak men as I am and perhaps if there be any such upon weaker men it will be stronger I will
last said may make up as it were but one King this 500 years the law not admitting an Inter-Regnum from whence I inferre that as it was not the end of our Warre as appears by six or seven Declarations of Parliament one whereof was ordered to be read in all Churches so our providence led not to lay aside either the Name or Office but that Family which oppressed us then all mens lives and liberties depend on this settlement it is necessary then to lay it in the strongest foundation that may be And as for that of safety it is not for me to speak much to it but certainly it is to be hoped that as a Parliament advise your Highnesse to things honest and lawful and by them judged necessary for a good settlement and therein take care and provide for our Rights as men and Christians and your Highness thereunto all dangers by Gods blessing upon your Highness wisdom backed with such an Annuity and an Army under the conduct of so many religious and faithful persons so well principled to the obedience of lawful powers may be prevented And therefore I humbly hope God will incline your Highness to grant the Petition and advice of the Parliament 16. April Sir Richard Onslow The Lord Protectors Objections OBjection That the Title of King is a name of an office and any other name which may imply the supreme Magistrate hath the same signification and therefore no necessity of the name Answer every office ought to have a name adequate to the said office and no other name than King can be suitable and comprehensive enough to contain in it the common good to all intents and purposes It is a Rule that the Kings of England cannot alter the laws of England ratione nominis but is bound to Govern according to the laws of England but for any other name there is no obligation lies upon it That the very Title is necessary was declared in the 9. year of E. 4. when the great controversie was betwixt E. 4. and H. 6. that sometimes one was in possession and then another that it was necessary the Realm should have a King under whom the laws might be maintained and holden for every action done by the King in possession was valid and good for it was his Jurisdiction Royal so likewise the first of H. 7. so 3. the same opinion was held and declared that a King de facto was necessary and in all alterations from persons and families Yet our Ancestors always retained the Title and the Name There is a prius and a primum another name may in order and degree be first that is before other men but it was a King was primum the first name that had its beginning with our laws The Customes of England are the Laws of England as well as our States laws the title of King and custom are two twins born together and have had continuance together and therefore to say Protector of which we know the date with Custom of which no memory can speak is a kind of contradiction to the Original Then there must be a Law introductive because Protector is a new name that our Law doth not yet know Now to ingraft a young Cien upon an old stock it will never grow but there must be an irradication of the old root and a new plantation must be made and that all the old customes must be put into positive laws and that will be a thing consisting of much time and great difficulty The title of King is so incorporated and in conjunction with our Customes which do very much concern the people of England to be upheld and then there is a rule Quaeque res in conjunctione pro bono conjunctionis that ought to be done which is for the good of the conjunction and benefit thereof and if it be for the advantage of the single person and the people it brings me to mind of another rule my old Master Tully taught me Communis utilitatis derclictio contra naturam est it is not natural to decline that which is for a common benefit and utility And therefore I shall say but this as to the title that as the Patriarch Jacob joyned together in his blessing upon Judah the Law-giver and the Scepter so the Parliament of the three Nations desires to preserve the title King in and upon the Law 2. Objection another argument your Highness was pleased to draw from providence that had brought you to this place through much darkness and had seemed to lay this title aside of King Answer it becomes all men to acknowledge the acting of the providence and power of God for bringing to pass whatsoever he hath determined in the world and it is the mighty and wise hand of providence which Triumphs over Nations and Triumphs and treads down all oppositions Yet your Highness observes it is not a rule to walk by without the word the reason the causes are hidden in the secret Counsel of Gods will you may see in the Revelations the Book is Sealed up with seven Seals we may read what is past because it is written on the outside of the Book but what is to come we cannot read and we ought not to limit providence nor can we bound it with a no further 3. Objection this State hath by providence received several thanges to great ones from the former constitution that of the Keepers of the Liberties of England and this present Government under the title of Protector and the first seemed to be the result of 7 years war against the Title and the Family Answer it must be confessed it proved the event of 7. years war but the reasons of the war did not lead to it for the war was for King and Parliament for the office but against the person against the exorbitancy and irregularities in his Government but it was providence that took away at that time both the Office and the Family It was also providence that altered from that of a Republick to this of a Protector that act being as much against Protector as a King for it was against a Single Person And may not by the same series of providence this Parliament as well set up Kingly Government as that Parliament took it away having also the same power they had 4. Objection Another ground why your Highness would not accept of the Title was the dissatisfaction many persons who had been instrumental in carrying on the work have against that title Answer in every change of Government there was and still will be persons unsatisfied because men are of mixt interests and differing in judgement upon the change to a Republick those that conceived the Monarchical Government best were unsatisfied but all ought to submit and be concluded by the judgement of a Parliament Your Highness was pleased to say that neither your self nor those that tendred to you the instrument were authors in the first change but it was the long
way to govern is to have men successive and in such great bodies as Parliaments to have men to learn to know how to obey as well as to govern and truely the best expediment that we had then was that I tell you the truth of it is this did not satisfie a company of poor men that had thought they had returuned their lives and had some thoughts that they had a little interest to enquire after these things and the rather because really they were invited out upon principles of honesty conscience and religion for spiritual liberties as many as would come where the cause was a little doubtful there was a declaration that was very inviting and men did come in upon that invitation and did thereby think themselves not to be mercenary men but men that had Wives and Children in the Nation and therefore might a little look after a satissaction in what would be the issue of the business and when this thing was thus preâ—t and it may be over prest that a period might be put and that that might be assertained and a time fixt why truely then the extremity ran another way this is very true that I tell you though it shame me I do not say it shames all that were of the House for I know all were not of that mind why truely when this was urged then another extremity what was that why truely then it was seeing a Parl ament might not be perpetual the the Parliament might always be sitting and to that end there was a Bill framed that Parliaments might always be sitting that as soon as one Parliament went out of their place another might leap in and when we saw this truly we thought we did but make a change in pretence and did not remedy the thing and the upon that was pursued with that great heat I dare say there was more progress in it in a month then was with the like business in four to hasten it to an issue that such a Parliament might be brought in and would bring the state of the Nation into a continual sitting of Parliaments we did think who are plain men and I think it still that that hath been according to the foolish proverb out of the frying pan into the fire for looking at the Government they would then have it was Commonwealths Government why we should have had fine work then we should have had a Council of State and a Parliament of 400 men executing arbitrary Government without intermission saving of one Company one Parliament stepping into the seat of another while they left them warm the same day that one left the other was to leap in truly I did think and I do think however some are very much enamoured with that kind of Government why it was no more but this that Committees of Parliament should take upon them and being in stead of the Courts at Westminster perhaps some will think there had been no hurt in that arbitrariness in Committees where a man can neither come to prove nor defend nor to know his Judges because there are one sort of men that judge him to day and another soâ—t of men to morrow this should have been the Law of England and this should have been the way of judging this Nation and truly I thought that that was an iâ—l way of judging for I may say to you with truth to â—hat after it pleased God your poor Army those poor contemptible men came up hither it was so an outery here in this place to see a cause here determined and judged and Committees erected to fetch men from the extreamest parts of the Nation to London to attend Commâ—â—tees to determine all things and without any manner of satisfaction whether a man travel never so right or wrong he must come and he must go back again as wise as he came this truly was the case and our condition and truly I must needs say take all in that was in the practices I am sorry to tell the story of it though there was indeed some necessity of the business a necessity of some Committees to look to indemnity but no necessity of Committees instead of Courts of Justice but it was so and this was the case of the People of England at that time and that the Parliament assuming to it self the authority of the three Estates that were before it was so assuming that authority and if any man would have come and said what are the rules you judge by Why we have none but we are supream in legislature and in judicature this was the state of the case I thought we thought I think so still that this was a pityful remedy and it will be so while and when soever a legislture is perpetually exercised when the legislative and executive powers are always the same and truly I think the legislature would be almost as well in the sour Curts of Westminster Hall and if they could make laws and judges too you would have excellent laws and the lawyers would be able to give excellent counsel and so it was then this was our condâ—tion without scruple and doubt and I shall say no more to it but truly it was offered then truly and honestly and desire and begg that we might have a settlement and that now is here that is proposed a settlement it was desired then it was offered desired that the Parliament would be pleased either of their own number or any else to chuse a certain number of men to settle the Nation this is unsettlement this in confusion for give me leave if any body now have the face to say and I would die upon this if any man in England have the impudence or the face to say that the exceptions of the Parliament was the sear of their hasty throwing of the liberties of the people of God and the Nation into a bare representative of the people which was then the busines we opposed if any man have the face to say it now that did then or I will say more ought then to judge it had been a confounding of the whole cause that we had fought for which was I would look upon that mans face I would be glad to see such a man I do not say there is any such here but if any such should come to me see if I would not look upon him and tell him he is an hypocrite I dare say it and I dare to die for it knowing the Spirit that hath been in some men to me they come and tell me they do not like my being Protector Why do you not Why because you will exercise arbitrary Government why what would you have me to do Pray turn Gentlemen all again and we will like you exceeding well I was a child in its swadling clouts I cannot transgress by the Government I cannot do nothing but in ordination with the Council they feared arbitrary Government by me upon that account but if returned to