such a course and what hopes He had of Money Men Arms Fortified Places Shipping Council and Military Offices 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 design'd 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 Kingston upon Hull besides most of the Powder and Shot that lay in several Towns for the use of the Trained 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 Counsellors 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 the Earl of Essex General 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 gad 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 Favourite 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 Court as other Noblemen 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 Marriage 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 balance that calamity 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 Phanatic 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 Supreme 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 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 Commission 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 Father's 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 paid them being so few for other Moneys that the King then had I have not heard of any but what he borrow'd 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 which 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 public Peace and for the defence of the King and both Houses of Parliament for the Repaying of which Money and Plate they were to have the Public Faith B. What Public Faith is there when there is no Public What is it that can be call'd Public in a Civil War without the King A. The truth is the Security was nothing worth but serv'd 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 declared in the Propositions themselves for they declared 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 King's Lands
this could not make them know themselves for they proceded to the debate of every Article of the Recognition B. They should have debated that before they had taken it A. But then they had never been suffered to sit Cromwel being informed of their stubborn proceedings and out of hope of any Supply from them dissolv'd them All that passed besides in this year was the Exercise of the High-Court of Justice upon some Royalists for Plots In the Year 1655. the English to the number of near 10000 landed in Hispaniola in hope of the plunder of the Gold and Silver whereof they thought there was great abundance in the Town of Santo Domingo but were well beaten by a few Spaniards and with the loss of near 1000 Men went off to Jamaica and possessed it This year also the Royal Party made another Attempt in the West and proclaimed there King Charles the Second but few joining with them and some falling off they were soon suppressed and many of the principal persons Executed B. In these many Insurrections the Royalists tho they meant well yet they did but dis-service to the King by their impatience What hope had they to prevail against so great an Army as the Protector had ready What cause was there to despair of seeing the King's business better done by the Dissention and Ambition of the great Commanders in that Army whereof many had the favour to be esteem'd among them as well as Cromwel himself A. That was somewhat incertain The Protector being frustrate of his hope of Money at Santo Domingo resolv'd to take from the Royalists the tenth part yearly of their Estates And to this end chiefly he divided England into eleven Major-General-ships with Commission to every Major-General to make a Roll of the Names of all suspected persons of the King's party and to receive the tenth part of their Estates within his Precinct As also to take caution from them not to act against the State and to reveal all Plots that should come to their knowledge and to make them engage the like for their Servants They had Commission also to forbid Horse-races and concourse of people and to receive and account for this Decimation B. By this the Usurper might easily inform himself of the value of all the Estates in England and of the Behaviour and Affection of every person of Quality which has hitherto been taken for very great Tyranny A. The year 1656 was a Parliament-year by the Instrument between the beginning of this year and the day of the Parliaments sitting these Major-Generals resided in several Provinces behaving themselves most Tyrannically Amongst other of their Tyrannies was the awing of Elections and making themselves and whom they pleas'd to be return'd Members for the Parliament which was also thought a part of Cromwel's Design in their Constitution for he had need of a giving Parliament having lately upon a Peace made with the French drawn upon himself a War with Spain This year it was that Captain Stainer set upon the Spanish Plate-fleet being 8 in number near Cadiz whereof he sunk two and took two there being in one of them two millions of pieces of 8 which amounts to 400000 l. sterling â— This year also it was that James Naylor appear'd at Bristol and would be taken for Jesus Christ he wore his Beard forked and his Hair compos'd to the likeness of that in the Volto Santo and being question'd would sometimes answer Thou sayest it He had also his Disciples that would go by his Horse-side to the mid-le in dirt Being sent for by the Parliament he was Sentenced to stand on the Pillory to have his Tongue bored through and to be marked in the Fore-head with the Letter B. for Blasphemy and to remain in Bridewell Lambert a great Favourite of the Army endeavour'd to save him partly because he had been his Soldier and partly to curry favour with the Sectaries of the Army for he was now no more in the Protector 's Favour but meditating how he might succeed him in his Power About two years before this there appear'd in Cromwel's time a Prophetess much fam'd for her Dreams and Visions and hearkened to by many whereof some were Eminent Officers but she and some of her Complices being imprison'd we heard no more of her B. I have heard of another one Lilly that Prophesied all the time of the Long-Parliament what did they to him A. His Prophesies were of another kind he was a Writer of Almanacks and a pretender to a pretended Art of Judicial Astrology a meer Cozener to get maintenance from a multitude of ignorant people and no doubt had been call'd in question if his Prophesies had been any ways disadvantageous to the Parliament B. I understand not how the Dreams and Prognostications of mad men for such I take to be all those that foretel future Contingencies can be of any great disadvantage to the Common-Wealth A. Yes yes know there is nothing that renders Humane Councils difficult but the incertainty of future time nor that so well directs men in their deliberations as the fore-sight of the sequels of their Actions Prophesie being many times the principal Cause of the Event foretold If upon some prediction the people should have been made to believe confidently That Oliver Cromwel and his Army should be upon a day to come utterly defeated would not every one have endeavour'd to assist and to deserve well of that Party should give him the defeat Upon this account it was that Fortune-tellers and Astrologers were so often banished out of Rome The last memorable thing of this Year was a Motion made by a Member of the House an Alderman of London That the Protector might be petitioned and advised by the House to leave the Title of Protector and take upon him that of King B. That was indeed a bold Motion and which would if prosperous have put an end to many mens Ambition and to the licentiousness of the whole Army I think the Motion was made on purpose to ruine both the Protector himself and his ambitious Officers A. It may be so In the year 1657 the first thing the Parliament did was the drawing up a Petition to the Protector to take upon him the Title of King As of other Parliaments so of this the greatest part had been kept out of the House by force or else themselves had forborn to sit and became guilty of setting up this King Oliver but those few that sat presented their Petition to the Protector April the 9th in the Banquetting-house at Whitehall Sir Thomas Widdrington the Speaker used the first Arguments and the Protector desired some time to seek God the Business being weighty The next day they sent a Committee to him to receive his Answer which Answer being not very clear they pressed him again for a Resolution to which he made answer in a long Speech that ended in a peremptory Refusal and so retaining still the Title of Protector he
BEHEMOTH OR AN EPITOME OF THE Civil Wars OF ENGLAND From 1640 to 1660. By THOMAS HOBS of Malmsbury LONDON Printed ANNO DOM. 1679 THE HISTORY OF THE Civil Wars OF ENGLAND A. IF in time as in place there were Degrees of high and low I verily believe that the highest of time would be that which passeth betwixt 1640 and 1660. For he that thence as from the Divils Mountain should have looked upon the World and observed the Actions of Men especially in England might have had a prospect of all kinds of Injustice and of all kinds of Folly that the world could afford and how they were produced by their Hypocrisy and self-conceit whereof the one is double Iniquity and the other double Folly B. I should be glad to behold the Prospect You that have lived in that time and in that part of your Age wherein Men used to see best into good and evil I pray you set â—â—e that could not see so well upon the same Mountain by the relation of the actions you then saw and of their causes Pretentions Justice Order Artifice and Events A. In the year 1640. The Government of England was Monarchical and the King that reigned Charles the I. of that Name holding the Soveraignty by Right of a Discent continued above 600 years and from a much longer Discent King of Sotland and from the Time of his Ancestors Henry the 2. King of Ireland a man that wanted no Vertue either of Body or Mind nor endeavour'd any thing more than to discharge his duty towards his God in the well-governing of his Subjects B. How could he than miscarry having in every County so many Train'd-bands as would put together have made an Army of 60000 Men and divers Magazines of Ammunition in places fortified If those Souldiers had been as they and all others of his Subjects ought to have been at his Majesties command The Peace and Happiness of the three Kingdoms had continued as it was left by K. James but the people were corrupted generally and Disobedient Persons esteemed the best Patriots B. But sure there were Men enough besides those that were ill-affected to have made an Army sufficient for to have kept the People from uniting into a Body able to oppose him A. Truly if the King had had Money I think he might have had Souldiers enough in England for there were very few of the common People that cared much for either of the Causes but would have taken any side for pay and plunder But the Kings Treasure was very low and his Enemies that pretended the Peoples ease from Taxes and other specious things had the Command of the Purses of the City of London and of most Cities and Corporate Towns in England and of many particular Persons besides B. But how comes the People to be so corrupted and what kind of People were they that did so seduce them A. The Seducers were of divers sorts One sort were Ministers Ministers as they called themselves of Christ and sometimes in their Sermons to the People Gods Embassadors pretending to have a Right from God to govern every one his Parish and their Assembly the whole Nation Secondly There were a very great number though not comparable to the other which notwithstanding that the Popes Power in England both Temporal and Ecclesiastical had been by Act of Parliament abolished did still retain a belief that we ought to be governed by the Pope whom they pretended to be the Vicar of Christ and in the Right of Christ to be the Governour of all Christian People and these were known by the Name of PAPISTS as the Ministers I mentioned before were commonly called PRESBYTERIANS Thirdly There were not a few who in the beginning of the Troubles were not discovered but shortly after declared themselves for a Liberty in Religion and those of different Opinions one from another Some of them because they would have all Congregations free and independant upon one another were called INDEPENDANTS others that held Baptism to Infants and such as understood not into what they are Baptized to be ineffectual were called therefore ANABAPTISTS Others that held that Christs Kingdom was at this time to begin upon Earth were called FIFTH-MONARCHY-MEN besides divers other Sects as QUAKERS ADAMITES c. whose names and peculiar Doctrines I do not very well remember and these were the Enemies which arose against his Majesty from the private Interpretation of the Scripture exposed to every Mans scanning in his Mother Tongue Fourthly There were an exceeding great number of Men of the greater sort that had been so educated as that in their youth having read the Books written by famous men of the Ancient Grecian and Roman Commonwealths concerning their Policy and great Actions in which Book the Popular Government was extol'd by that glorious Name of Liberty and Monarchy disgraced by the Name of Tyranny they became thereby in love with their form of Government And out of these men were chosen the greatest part of the HOUSE OF COMMONS Or if they were not the greatest part yet by advantage of their Eloquence were always able to sway the rest Fifthly The City of London and other great Towns of Trade having in admiration the prosperity of the low Countries after they had revolted from their Monarch the King of Spain were inclined to think that the like change of Government here would to them produce the like prosperity Sixthly There were a very great Number that had either wasted their fortunes or thought them too mean for the good part they thought were in themselves and more there were that had able bodies and saw no means how honestly to get their Bread These longed for a War and hoped to maintain themselves hereafter by the lucky chusing of a Party to side with and consequently did for the most part serve under them that had greatest plenty of Money Lastly The People in general were so ignorant of their Duties as that not one perhaps of 1000. knew what Right any man had to command him or what necessity there was of King or Commonwealth for which he was to part with his Money against his will but thought himself to be so much Master of whatsoever he possest that it could not be taken from him upon any pretence of Common Safety without his own consent King they thought was but a Title of the highest honour which Gentlemen Knight Baron Earl Duke were but steps to ascend to with the help of Riches and had no Rule of Equity but Precedents and Custom and he was thought wisest and fittest to be chosen for a Parliament who was worst averse to the granting of Subsidies or other publick Payments B. In such a Constitution of People methinks the King is already outed of his Government so as they need not have taken Arms for it For I cannot imagine how the King should come by any means to resist them A. There was indeed very great difficulty in the business but of
they desired the whole and absolute soveraignty and to change the Monarchical Government into an Oligarchie that is to say to make the Parliament consisting of a few Lords and about 400 Commoners absolute in the soveraignty for the present and shortly after to lay the House of Lords aside for this was the Design of the Presbyterian Ministers who taking themselves to be by right the onely Lawful Government of the Church endeavoured to bring the same Form of Government into the Civil state and as the Spiritual Laws were to be made by their Synods so their Civil Laws should be made by the House of Commons who as they thought would no less be ruled by them afterwards than formerly they had been wherein they were deceived and found themselves out-gon by their own Disciples though not in Malice yet in Wit B. What followed after this A. In August following the King supposing he had now sufficiently obliged the Parliament to proceed no farther against him took a Journey into Scotland to satisfie his Subjects there as he had done here intending perhaps so to gain their good wills that in case the Parliament here should levy Arms against him they should not be aided by the Scots wherein he also was deceived for though they seemed satisfied with what he did whereof one thing was his giving away to the Aboletion of Episcopacy Yet afterwards they made a League with the Parliament and for Money when the King began to have the better of the Parliament invaded England in the Parliaments Quarrel but this was a Year or two after B. Before you go any farther I desire to know the Ground and Original of that Right which either the House of Lords or House of Commons or both together pretend to A. It is a question of things so long past that they are now forgotten nor have we any thing to conjecture by but the Records of our own Nation and some small and obscure fragments of Roman Histories And for the Records seeing they are of things only done sometimes justly sometimes unjustly you can never by them know what Right they had but only what Right they pretended B. Howsoever let me know what light we have in this matter from the Roman Histories A. It would be too long and an useless digression to â—â—â—all the Antient Authors that speak of the forms of those Common-wealths which were amongst our first Ancestors the Saxons and other Germans and of other Nations from whom we derive the Titles of Honour now in use in England nor will it be possible to derive from them any Arguments of Right but only Examples of fact which by the Ambition of Potent Subjects have been oftener unjust than otherwise and for those Saxons or Angles that in Antient times by several Invasions made themselves Masters of this Nation they were not in themselves one Body of Common-wealth but only a League of divers Petty German Lords and States such as was the Graecian Army in the Trojan War without other Obligations than that which proceeded from their own fear and weakness nor were these Lords for the most part the Soveraigns at home in their own Country but chosen by the people for the Captains of the Forces they brought with them And therefore it was not without Equity that when they had conquer'd any part of the Land and made some one of them King thereof the rest should have greater Priviledges than the common People and Soldiers amongst which Priviledges a man may easily conjecture this to be one that they should be made acquainted and be of Council with him that hath the Soveraignty in matters of Government and have the greatest and most honourable Offices both in Peace and War But because there can be no Government where there is more than one Soveraign it cannot be inferr'd that he had a Right to oppose the King's Resolutions by force nor to enjoy those honours and places longer than they should continue good Subjects And we find that the Kings of England did upon every great occasion call them together by the name of Discreet and Wise men of the Kingdom and hear their Councils and make them Judges of all Causes that during their Sitting were brought before them But as he summon'd them at his own pleasure so had he also ever at his pleasure power to Dissolve them The Normans also that descended from the Germans as we did had the same Customs in this particular and by this means this Priviledge have the Lords to be of your King 's great Council and when they were assembled to be the highest of the King's Court of Justice continued still after the Conquest to this day But though there be amongst the Lords divers Names or Titles of Honour yet they have their Priviledge by the only name of Baron a name receiv'd from the Antient Gauls amongst whom that name signified the King's man or rather one of his great men By which it seems to me that though they gave him Council when he requir'd it yet they had no Right to make War upon him if he did not follow it B. When began first the House of Commons to be part oâ— the King 's great Council A. I do not doubt but that before the Conquest some discreet men and known to be so by the King were called by special Writ to be of the same Council though they were not Lords But that is nothing to the House of Commons the Knights of â—lares and Burgesses were never called to Parliament for ought that I know till the beginning of Edward the first or the latter end of the Reign 〈◊〉 Henry the third immediately after the mis-behaviour of the Barons and for ought any man knows were called on purpose to weaken that Power of the Lords which they had so freshly abused Before the time of Henry the third the Lords were deâ—â—oâ—â—ed most of them from such as in the Invasions and Conquests of the Germans were Peers and â—ellow-Kings 'till one was made King of them â—â—ll and their Tenants were their Subjects as it is at this day with the Lords of France But after the time of Henry the third the Kings began to make Lords in the place of them whose Issue fail'd Titularly only without the Lands belonging to their Title and by that means their Tenants being bound no longer to Terve them in the Wars they grew every day less and less able to make a Party against the King though they continued still to be his great Council And as their Power decreased To the Power of the House of Commons increased But I do not find that they were part of the King's Council at all nor Judges over other men though it cannot be denied but a King may ask their advice as well as the advice of any other But I do not find that the end of their summoning was to give advice but only in case they had any Petitions for Redress of Grievances to be ready there
Nation And of those Designs the Promoters and Actors were they said 1. Jesuits and Papists 2. The Bishops and part of the Clergy that cherish formality as a support of their own Ecclesiastical Tyâ—â—nny and Usurpation 3. Counsellors and Courtiers that for private ends they said had engaged themselves to farther the Interests of some Foreign Princes B. It may 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 perâ—â—ps wickedly therefore I pray tell me particularly what their Crimes were for me thinks the King should not have conniv'd at any thing against his own Suâ—â—eam 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 accused thereof the Bishops Counsellors 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 Prerogatives and Liberty between the King and his People to the end that seeming much addicted to His Majesty's Service they might get themselves into places of greatest Trust and Power in the Kingdom B. How could this be call'd an Accusation in which there is no Fact for any Accusers to apply their Proof 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 endeavour'd 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 supprest the Doctrine of the Presbyterians that is to say the very Foundation of their Parliaments Treacherous Pretensions A third That they cherished Arminians Papists and Libertines by which they meant the common Protestants that 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 of Money than by the ordinary way of Parliaments Judge whether these may be properly called Accusations or not rather â—pightful 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 any 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 pleased 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 to deny him Subsidies for they were resolv'd to take from him the Soveraign Power to themselves which they would 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 Council 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 by the King himself and such of his Privy-Council as he revealed them to B. But what were those particular pretended faults A. First The Dissolution of the last Parliament at Oxford Secondly The Dissolution of his second Parliament being in the second year of his Reign Thirdly The Dissolution of his Parliament in the fourth year of his Reign Fourthly The fruitless Expedition against Cales Fifthly the Peace made with Spain whereby the Palatine's Cause was deserted and left to chargeable and hopeless Treaties Sixthly The sending of Commissions to raise Money by way of Loan Seventhly Raising of Ship-money Eighthly Enlargements of Forrests contrary to Magna Charta Ninthly The Designment of Engrossing all the Gun-powder into one hand and keeping it in the Tower of London Tenthly A Design to bring in the Use of Brass-Money Eleventhly The Fines Imprisonments Stigmatizings Mutilations Whippings Pillories Gaggs Confinements and Banishments by Sentence in the Court of Star-Chamber Twelfthly The displacing of Judges Thirteenthly The Illegal Acts of Council-Table Fourteenthly The Arbitrary and Illegal Power of the Earl-Marshal's Court. Fifteenthly The Abuses in Chancery Exchequer-Chamber and Court of Wards Sixteenthly The selling of Titles of Honour of Judges and Serjeants Places and other Offices Seventeenthly The Insolence of Bishops and other Clarks in Suspensions Excommunications and Degradations of divers painful and learned and pious Ministers B. Were there any such Ministers Degraded Depraved or Excommunicated A. I cannot tell But I remember I have heard threatned divers painful unlearned and seditious Ministers Eighteenthly The Excess of Severity of the High-Commission-Court Nineteenthly 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 5th 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 when the Parliament was ended and the favour shewed to Papists by Secretary Windebank and others B. All this will go currant with common people for Mis-government and for faults of the King 's though some of them were Mis-fortunes and both the Mis-fortunes and the Mis-governments if any were were the faults of the Parliament who by denying to give him Money did both frustrate his Attempts abroad and put him upon those extraordinary ways which they call Illegal of raising Money at home A. You see what a heap of Evils they have raised to make a shew of ill Government to the People which they second with an enumeration of the many services they have done the King in overcoming a great many of them though not all and in divers other things and say that though they had contracted a Debt to the Scots of 22000 l. and granted six Subsidies and a Bill of Pole-money worth six Subsidies more yet that God had so blessed the Endeavours of this Parliament that the Kingdom was a gainer by it and then follows the Catalogue of those good things they had done for the King and Kingdom For the Kingdom they had done they said these things They had abolished
liberty in one form of Government than another A. Howsoever to the people that understand by Liberty nothing but leave to do what they list it was a Title not ungrateful Their next work was to set forth a publick Declaration that they were fully resolved to maintain the Fundamental Laws of the Nation as to the preservation of the Lives Liberties and Proprieties of the people B. What did they mean by the Fundamental Laws of the Nation A. Nothing but to abuse the people for the only Fur damental Law in every Common-Wealth is to obey the Laws from time to time which he shall make to whom the people have given the Supreme Power How likely then are they to uphold the Fundamental Laws that had murdered him who was by themselves so often acknowledged their lawful Soveraign Besides at the same time that this Declaration came forth they were erecting the High Court of Justice which took away the lives of Duke Hamilton the Earl of Holland and the Lord Capel whatsoever they meant by a Fundamental Law the Erecting of this Court was a breach of it as being warranted by no former Law or Example in England At the same time also they levied Taxes by Soldiers and permitted Free Qarter to them and did many other Actions which if the King had done they would have said had been done against the Liberty and Propriety of the Subject B. What silly things are the common sort of people to be cozen'd as they were so grosly A. What sort of people as to this matter are not of the common sort the crastiest Knaves of all the Rump were no wiser than the rest whom they cozen'd for the most of them did believe that the same things which they impos'd upon the generality were just and reasonable and especially the great Haranguers and such as pretended to Learning for who can be a good Subject in a Monarchy whose Principles are taken from the Enemies of Monarchy such as were Cicoro Seneca Cato and other Polititians of Rome and Aristotle of Athens who spake of Kings but as Wolves and other ravenous Beasts You may perhap think a man has need of nothing else to know the duty he owes to his Governour and what right he has to order him but a good Natural Wit But it is otherwise for it is a Science and built upon sure and clear Principles and to be learn'd by deep and careful study or from Masters that have deeply studied it And who was there in the Parliament or in the Nation that could find out those evident Principles and derive from thence the necessary Rules of Justice and the necessary Connexion of Justice and Peace The people have one day in seven the leisure to hear Instructions and there are Ministers appointed to teach them their duty But how have these Ministers perform'd their Office A great part of them namely the Presbyterian Ministers throughout all the whole War instigated the people against the King so did also Independant and other Fanatick Ministers There contented with their Livings preached in their Parishes points of Controversie to Religion impertinent but to the breach of Charity among themselves very effectual or else Eloquent things which the people either understood not or thought themselves not concern'd in But this sort of Preachers as they did little good so they did little hurt the mischief proceeded wholly from the Presbyterian Preachers who by a long practis'd Histrionick Faculty preached up the Rebellion powerfully B. To what end A. To the end that the State becoming popular the Church might be so too and govern'd by an Assembly and consequently as they thought seeing Politicks are subservient to Religion they might govern and thereby satisfie their covetous humour with Riches and also their malice with Power to undo all men that admir'd not their Wisdom Your calling the people silly things oblig'd me by this digression to shew you that it is not want of Wit but want of the Science of Justice that brought them into these troubles Perswade if you can that man that has made his Fortune or made it greater or an Eloquent Orator or a ravishing Poet or a subtil Lawyer or but a good hunter or a cunning Gamester that he has not a good Wit and yet there were of all these a great many so silly as to be deceived by the Rump They wanted not wit but the knowledg of the Causes and grounds upon which one person has a right to govern and the rest an obligation to obey which grounds are necessary to be taught the people who without them cannot live long in peace among themselves B. Let us return if you please to the proceedings of the Rump A. In the rest of the year they voted a new Stamp for the Coyn of this Nation They considered also of Agents to be sent into Foreign Parts and having lately receiv'd Applause from the Army for their work done by the High Court of Justice and incouragement to extend the same farther they perfected the said High Court of Justice in which were tryed Duke Hamilton the Earl of Holland the Lord Capel the Earl of Norwich and Sir John Owen whereof as I mention'd before the first three were beheaded This affrighted divers of the Kings Party out of the Land for not only they but all that had born Arms for the King were 〈◊〉 that time in very great danger of their lives for it waâ— put to the question by the Army at a Council of Waâ— whether they should be all Massacred or no wherâ— the No's carried it but by two Voices Lastly Marâ—â— 24. they put the Mayor of London out of his Office fined him two thousand pound disfranchised him and condemn'd him to two Months Imprisonment in the Tower for refusing to proclaim the Act for abolishing of the Kingly Power And thus ended the year 1648. and the Monthly Fast God having granted that which they fasted for the death of the King and the possession of his Inheritance By these their Proceedings they had already lost the hearts of the generality of the People and had nothing to trust to but the Army which was not in their power but in Cromwel's who never fail'd when there was occasion to put them upon all Exploits that might make them odious to the people in order to his future dissolving them whensoever it should conduce to his ends In the beginning of 1649. the Scots discontented with the proceedings of the Rump against the late King began to levy Soldiers in order to a new Invasion of England The Irish Rebels for want of timely resistance from England were grown terrible and the English Army at home infected by the Adjutators began to cast about how to share the Land among the Godly meaning themselves and such others as they pleas'd who were therefore call'd Levellers Also the Rump for the present were not very well provided of Money and therefore the first thing they did was the laying of a
banished also from within 20 Miles of London all the loyal Party forbidding every one of them to depart more than five miles from his dwelling house B. They meant perhaps to have them ready if need were for a Massacre But what did the Scots in this time A. They were considering of the Officers of the Army which they were levying for the King how they might exclude from Command all such as had loyally serv'd his now Majesty's Father and all Independents and all such as commanded in Duke Hamilton's Army And these were the main things which passed this year The Marquess of Montross that had in the year 1645. with a few men and in a little time done things almost incredible against the late King's Enemies in Scotland landed now again in the beginning of the year 1650. in the North of Scotland with Commission from the present King hoping to do him as good service as he had formerly done his Father but the case was alter'd for the Scotch Forces were then in England in the service of the Parliament whereas now they were in Scotland and many more for their intended Invasion newly rais'd Besides the Souldiers which the Marquess brought over were few and Forreigners nor did the High-landers come in to him as he expected insomuch as he was soon defeated and shortly after taken and with more spightful usage than revenge requir'd Executed by the Covenanters at Edinborough May the 2d B. What good could the King expect from joining with these men who during the Treaty discover'd sâ— much malice to him in one of his one of his best Subjects A. No doubt their Church-men being then prevalent they would have done as much so this King as the English Parliament had done to his Father it they could have gotten by it that which they foolishly aspir'd to the Government of the Nation I do not believe that the Independents were worse than the Presbyterians both the one and the other were resolv'd to destroy whatsoever should stand in the way to their Ambition but necessity made the King pass over both this and many other Indignities from them rather than suffer the pursuit of his right in England to cool and be little better than extinguished B. Indeed I believe the Kingdom if suffered to become an old Debt will hardly ever be recover'd Besides the King was sure where-ever the Victory lighted he could lose nothing in the War but Enemies A. About the time of Montrosses death which was in May Cromwel was yet in Ireland and his work unfinished but finding or by his Friends advertis'd that his presence in the Expedition now preparing against the Scots would be necessary to his Design sent to the Rump to know their pleasure concerning his return But for all that he knew or thought it was not necessary to stay for their Answer but came away and arriv'd at London the sixth of June following and was welcom'd by the Rump Now had General Fairfax who was truly what he pretended to be a Presbyterian been so Catechis'd by the Presbyterian Ministers here that he refused to fight against the Brethren in Scotland nor did the Rump nor Cromwel go about to rectifie his Conscience in that point And thus Fairfax laying down his Commission Cromwel was now made General of all the Forces in England and Ireland which was another step to the Soveraign Power B. Where was the King A. In Scotland newly come over he landed in the North and was honourably conducted to Edinborough though all things was not yet well agreed upon between the Scots and him for he had yielded to as hard Conditions as the late King had yielded to in the Isle of Wight yet they had still somewhat to add till the King enduring no more departed from them towards the North again But they sent Messengers after him to pray him to return but they furnished these Messengers with strength enough to bring him back if he should have refus'd In fine they agreed but would not suffer the King or any Royalist to have Command in the Army B. The sum of all is the King was their Prisoner A. Cromwel from Berwick sends a Declaration to the Scots telling them he had no Quarrel against the people of Scotland but against the malignant Party that had brought in the King to the disturbance of the Peace between the two Nations and that he was willing by Conference to give and receive satisfaction or to decide the Justice of the Cause by Battel To which the Scots answering declare That they will not prosecute the Kings Interest before and without his acknowledgment of the sins of his House and his former ways and satisfaction given to Gods people in both Kingdoms Judge by this whether the present King was not in as bad a condition here as his Father was in the hands of the Presbyterians of England B. Presbyterians are every where the same they would fain be absolute Governours of all they converse with and have nothing to plead for it but that where they reign 't is God that reigns and no where else But I observe one strange demand that the King should acknowledg the sins of his House for I thought it had been certain from all Divines that no man was bound to acknowledg any mans sins but his own A. The King having yielded to all that the Church requir'd the Scots proceeded in their intended War Cromwel marched on to Edinborough provoking them all he could to Battel which they declining and provisions growing scarce in the English Army Cromwel retir'd to Dunbar despairing of success and intending by Sea or Land to get back into England And such was the condition which this General Cromwel so much magnified for Conduct had brought his Army to that all his Glories had ended in shame and punishment if Fortune's and the faults of his Enemies had not reliev'd him for as he retir'd the Scots follow'd him close all the way till within a mile of Dunbar There is a ridge of Hills that from beyond Edinborough goes winding to the Sea and crosses the High-way between Dunbar and Barwick at a Village called Copperspeith where the passage is so difficult that if the Scots had sent timely thither a very few men to guard it the English could never have passed for the Scots kept the Hills and needed not have fought but upon great advantage and were almost two to one Cromwel's Army was at the Foot of those Hills on the North side and there was a great Ditch or Channel of a Torrent between the Hills and it so that he could never have got home by Land nor without utter ruine of the Army attempted to ship it nor have stayed where he was for want of provisions Now Cromwel knowing the Pass was free and commanding a good Party of Horse and Foot to possess it it was necessary for the Scots to let them go whom they brag'd they had impoâ—â—ded er else to fight and
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 the Reign of King Charles I. and the end of the Reign of King James To name them all is not necessary farther then 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 Souldiers and all the Magazines of Ammunition in his power be able to begin the War A. The King had these things in his Right but that signifies little when they had the Custody of the Navy and Magazines and with them all the Trained Souldiers and in a manner all the Subjects were by the Preaching of Presbyterian Ministers and the seditious whispering of false and ignorant Politians 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 Legal 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 behoved them to provoke the King that he might do something that might look like Hostility It hapned in the year 1637. that the King by 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 of Divine Service this being read in the Church at Edinburgh caused such a Tumult there that he that read it had much adoe to escape with his life and gave occasion to the greatest part of the Nobility and others to enter by their own Authority into a Covenant amongst themselves to put down Episcopacy without consulting the King which they presently did animated thereto by their own Confidence or by assurance from some of the Democratical English-men that in former Parliaments had been the greatest opposers of the King's Interest that the King would not be able to raise an Army to chastise them without calling a Parliament which would be sure to favour them for the thing which those Democraticals chiefly then aimed at was to force the King to call a Parliament which he had not done of ten years before as having found no help but hindrance to his designs in the Parliaments he had formerly called Howsoever contrary to their expectation by the help of his better affected Subjects of the Nobility and Gentry he made a shift to raise a sufficient Army to have reduced the Scots to their former obedience if it had proceeded to Battle And with this Army he marched himself into Scotland where the Scotch Army was also brought into the Field against him as if they meant to fight but then the Scotch sent to the King for leave to treat by Commissioners on both sides and the King willing to avoid the destruction of his own Subjects condescended to it the issue was peace and the King thereupon went to Edinburgh and passed an Act of Parliament there to their Satisfaction B. Did he not then confirm Episcopacy A. No but yeilded to the abolishing of it but by the means the English were crossed in their hope of a Parliament but the Democraticals formerly opposers of the King's Interest ceased not to endeavour still to put the two Nations into a War to the end the King might buy the Parliaments help at no luss a price than Soveraignty it self B. But what was the Cause that the Gentry and Nobility of Scotland were so averse from Episcopacy For I can hardly believe that their Consciences were extraordinarily tender nor that there were so very great Divines as to know what was the true Church Discipline established by our Saviour and his Apostles nor yet so much in love with their Ministers as to be over-ruled by them in the Government either Ecclesiastical or Civil for in their lives they were just as other men are Pursuers of their own Interests and Preferments wherein they were not more opposed by the Bishops than by their Presbyterian Ministers A. Truly I do not know I cannot enter into other mens thoughts farther than I am led by the consideration of Human Nature in general Bet upon this consideration I see First That men of Ancient Wealth and Nobility are not apt so to brook that poor Sâ—hollars should as they must when they are made Bishops be their Fellows Secondly That from the emulation of Glory between the Nations they be willing to see their Nation afflicted with Civil War and might hope by aiding the Rebels here to acquire some Power over the English at least so far as to establish here the Presbyterian Discipline which was also one of the points they afterwards openly demanded Lastly They might hope for in the War some great sum of Money as a reward of their assistance bendes great Booty which they afterwards obtained but whatsoever was the cause of their hatred to Bishops the pulling them down was not all they-timed 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 the Bishops in England and in order thereunto they might perhaps deal with the Scots secretly to rest unsatisfied with that pacification which they were before contented with howsoever it was not long after the King was returned to London they sent up to some of their friends at Court a certain Paper containing as they apprehended the Articles of the said pacification a false and scandalous Paper which was by the King's Command burnt as I
as are subject to the Law or its being unconformable to Equity or Charity in all men whatsoever B. It seems you make a difference between the Ethicks of Subjects and the Ethicks of Soveraigns A. So I do The Vertue of a Subject is comprehended wholly in obedience to the Laws of the Commonwealth To obey the Laws is Justice and Equity which is the Law of Nature and consequently is Civil Law in all Nations of the World and nothing is Injustice or Iniquity otherwise then it is against the Law Likewise to obey the Law is the Prudence of a Subject for without such obedience the Commonwealth which is every Subjects safety and protection cannot subsist And though it be Prudence also in private men justly and moderately to enrich themselves yet craftily to withold from the Publick or defraud it of such part of the Wealth as is by Law required is no sign of Prudence but of want of knowledge of what is necessary for their own defence The Vertues of Soveraigns are such as tend to the maintenance of Peace at Home and to the resistance of Forreign Enemies Fortitude is a Royal Vertue and though it be necessary in such private men as shall be Soldiers yet for other men the less they dare the better it is both for the Commonwealth and for themselves Frugality though perhaps you would think it strange is also a Royal Vertue for it increases the publick stock which cannot be too great for the Publick Use nor any man too sparing of what he has in trust for the good of others Liberality also is a Royal Vertue for the Commonwealth cannot be well serv'd without Extraordinary Diligence and Service of Ministers and great Fidelity to their Soveraign who ought therefore to be incouraged and especially those that do him service in the Wars In summ all Actions or Habits are to be esteemed Good or Evil by their Causes and Usefulness in reference to the Commonwealth and not by their Mediocrity nor by their being commended for several men praise several Customes and that which is Vertue with one is blam'd by others and contrarily what one calls Vice an other calls Vertue as their present Affections lead them B. Methinks you should have placed amongst the Vertues that which in my Opinion is the greatest of all Vertues Religion A. So I have though it seems you did not observe it But whether do we Disgress from the way we were in B. I think you have not Digressed at all for I suppose your purpose was to acquaint me with the History not so much of those Actions that past in the time of the late Troubles as of their Causes and of the Counsels and Artifiâ—es by which they were brought to pass There be divers men that have written the History out of whom I might have Learned what they did and somewhat also of the Contrivance But I find little in them of it I would ask therefore since you were pleased to enter into this Discourse at my request be pleased also to inform me after my own method And for the danger of Confusion that may arise from that I will take care to bring you back to the place from whence I drew you for I well remember where it was A. Well then to your Question concerning Religion Inasmuch as I told you that Vertue is comprehended in Obedience to the Laws of the Commonweath whereof Religion is one I have placed Religion amongst the Vertues B. Is Religion then the Law of a Commonwealth A. There is no Nation in the World whose Religion is not Established and receives not its Authority from the Laws of that Nation It is true that the Law of God receives no obedience from the Laws of Men But because men can never by their own Wisdom come to the knowledge of what God hath spoken and Commanded to be Observed nor be obliged to obey the Laws whose Author they know not they are to acquiâ—ss in some humane Authority or other So that the Question will be Whether a man ought in matter of Religion that is to say when there is question of his Dâ—ty to God and the King to rely upon the Praeaching of their Fellow-Subjects or of 2 Stranger or upon the voice of the Law B. There is no great difficulty in that point for there is none that Preach here or any where else at least ought to Preach but such as have Authority so to do from him or them that have the Soveraign Power So that if the King give us leave you or I may as lawfully Preach as them that do and I believe we should perform that Office a great deal better than they that preached us into Rebellion A. The Church Morals are in many points very different from these that I have here set down for the Doctrine of Vertue and Vice and yet without any conformity with that of Aristotle for in the Church of Rome the principle Vertues are to obey their Doctrine though it be Treason and that is to be Religious to be beneficial to the Clergy that is their Piety and Liberality and to believe upon their word that which a man knows in his Conscience to the false which is the Faith that they require I could name a great many more such points of their Morals but that I know you know them already being so well versed in the cases of Conscience written by their School-men who measure the goodness and wickedness of all Actions by their Congruity with the Doctrine of the Roman Clergy B. But what is the Moral Philosophy of the Protestant Clergy in England A. So much as they shew of it in their Life and Conversation is for the most part very good and of very good example much better than their Writings B. It happens many times that men live honestly for fear who if they had Power would live according to their own Opinions that is if their Opinions be nor right Unrighteously A. Do the Clergy in England pretend as the Pope does or â—s the Presbyterians do to have a right from God immediately to govern the King and his Subjects in all points of Religion and Manners If they do you cannot doubt but that if they had Number and Strength which they are never like to have they would attempt to attain that Power as the others have done B. I would be glad to see a System of the present Morals written by some Divine of good Reputation and Learning and of the late King's party A. I think I can recommend unto you the best that is extant and such an one as except a few passages that I mislike is very well worth your reading the Title of it is The whole Duty of Man laid down in a plain and familiar way And yet I dare say that if the Presbyterian Ministers even those of them that were the most diligent Preachers of the late Sedit on were to be tried by it they would go near to be found
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 Insomuch that the Parliament was now sufficiently assured 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 Courage Wisdom and Authority they thought most able to prevent or oppose their further 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 Country which was Yorkshire but more considerable for his Judgement in the Publick Affairs not only of that Country but generally of the Kingdom either as Burgess for some Borrough or Knight of the Shire For his Principles of Politicks they were the same that were generally proceeded upon by all Men else that are thought sit to be chosen for the Parliament which are commonly these To take for the Rule of Justice and the Government the Judgements and Acts of former Parliaments which are commonly called Precedents 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 their Arbitrary Power of the King out of Paâ—liament to seek Redress of Grievances B. What Grievances A. The Grievances were commonly such as these The King 's too much Liberality to some Favourite the too much Power of any Minister of State of Officer the Mâ—sdemeanours 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 Commonwealth B. How then can a King discharge his Duty as he ought to do or the Subject know which of his Masters he is to obey For here are manifestly two Powers which when they chance to differ cannot both be obeyed A. 'T is true but they have not often differed so much to the danger of the Commonwealth as they have done in this Parliament of 1640. In all the Parliaments of the late King Charles before the year 1640. my Lord of Strafford did appear in opposition to the King's Demands as much as any man and was for that Cause very much esteemed and cryed 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 that 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 Bloud 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 that he made him of the Council and again Lieutenant of Ireland which place he discharged with great satisfaction and benefit to his Majesty and continued in that Office till by the Envy and Violence of the Lords and Commons of that unlucky Parliament of 1640. he died in which year he was made General of the King's Forces against the Scotch that then entred into England and the year before Earl of Strafford The Pacification being made and the Forces on both sides Disbanded and the Parliament at Westminster now Sitting it was not long before the House of Commons accused him to the House of Lords of High-Treason B. There was no great probability of his being a Traitor to the King from whose favour he had received his greatness and from whose protection he 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 endeavour'd to subvert the Fundamental Laws and Government of the Realm and instead 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 complain'd to the King if he had not known it before I understand not this Law A. Nor I. B. Had this been by any former Statutes made Treason A. Not that I ever heard of nor do I understand that any thing can be Treason against the King that the King hearing and knowing does not think Treason But it was a piece of that Parliaments Artifice to put the word Traiterously to any Article exhibited against a Man whose life they meant to take away B. Was there no particular Instance of action or words out of which they argued that endeavour of his to subvert the fundamental Laws of Parliament whereof they accused him A. Yes they said he gave the King counsel to reduce the Parliament to their duty by the Irish Army which not long before my Lord of Strafford himself had caused to be levied there for the King's service but it was never proved against him that he advised the King to make use of it against the Parliament B. What are those Laws that are called fundamental for I understand not how one Law can be more fundamental than another except only that Law of Nature that binds us all to obey him whosoever he be whom lawfully and for our own safety we have promised to obey nor any other fundamental Law to a King but Salus Populi The safety and well being of the people A. This Parliament in the use of these words when they accused any Man never regarded the signification of
and Woods and whatsoever was remaining unpaid of any Subsidy formerly granted Him and the Tunnage and Poundage usually received by the King besides the profit of the Sequestration of great persons whom they pleas'd to Vote Delinquents and the profits of the Bishops Lands which â—troversie understood not the Reasons of either Party and for those that by Ambition were once set upon the Enterprize of changing the Government they cared not much what was Reason and Justice in the Cause but what Strength they might procure by reducing the multitude with Remonstrances from the Parliament-House or by Sermons in the Churches and to their Petitions I would not have had any answer at all more than this That if they would disband their Army and put themselves upon his Mercy they should find Him more Gracious than they expected A. That had been a gallant answer indeed if it had proceeded from Him after some extraordinary great Victory in Battel or some extraordinary assurance of a Victory at last in the whole War B. Why what could have hapned to Him worse than at length He suffered notwithstanding His gentle answer and all His reasonable Declarations A. Nothing but who knew that B. Any Man might see that He was never like to be restor'd to His Right without Victory and such His Statutes being known to the People would have brought to His assistance many more hands than all the arguments of Law or force of Eloquence couched in Declarations and other Writings could have done by far and I wonder what kind of Men they were that hindered the King from taking this Resolution A. You may know by the Declarations themselves which are very long and full of Quotations of Records and of Cases formerly Reported that the Penners of them were either Lawyers by Profession or such Gentlemen as had the ambition to be thought so Besides I told you before that those which were then likeliest to have their counsel asked in this business were averse to absolute Monarchy as also to absolute Democracy or Aristocracy all which Governments they esteemed Tyranny and were in love with Monarchy which they us'd to praise by the name of mixt Monarchy though it were indeed nothing else but pure Anarchy and those Men whose Pens the King most us'd in these Controversies of Law and Politics were such if I have not been misinformed as having been Members of this Parliament had declaim'd against Ship-money and other Extra-Parliamentary Taxes as much as any but when they saw the Parliament grow higher in their demands than they thought they would have done went over to the King's Party B. Who were those A. It is not necessary to name any Man seeing I have undertaken only a short Narration of the Follies and other Faults of Men during this trouble but not by naming of persons to give you or any man else occasion to esteem them the less now the faults on all sides have been forgiven B. When the Business was brought to this height by levying of Soldiers and seizing on the Navy Arms and other Provisions on both sides that no Man was so blind as not to see they were in an estate of War one against another why did not the King by Proclamation or Message according to his undoubted Right Dissolve the Parliament and thereby diminish in some part the Authority of their Levies and of other their unjust Ordinances A. You have forgotten that I told you that the King Himself by a Bill that He passed at the same time when He passed the Bill for the Execution of the Earl of Strafford had given them Authority to hold the Parliament till they should by consent of both Houses dissolve themselves If therefore He had by any Proclamation or Message to the Houses dissolv'd them they would to their former Defamations of His Majesties actions have added this That He was a Breaker of His Word and not only in Contempt of Him have continued their Session but also have made advantage of it to the increase and strengthning of their own Party B. Would not the King 's raising of an Army against them be interpreted as a purpose to dissolve them by force And was it not as great a breach of promise to scatter them by force as to dissolve them by Proclamation Besides I cannot conceive that the passing of that Act was otherwise intended than conditionally so long as they should not ordain any thing contrary to the Sovereign Right of the King which condition they had already by many of their Ordinances broken and I think that even by the Law of Equity which is the unalterable Law of Nature a man that has the Sovereign Power cannot if he would give away the right of any thing which is necessary for him to retain for the good Government of his Subjects unless he do it in express words saying That he will have the Sovereign Power no longer for the giving away that which by consequence only draws the Sovereignty along with it is not I think a giving away of the Sovereignty but an error such as works nothing but an invalidity in the Grant it self And such was the King's passing this Bill for the continuing of the Parliament as long as the Two Houses pleas'd But now that the War was resolv'd on on both sides what needed any more dispute in writings A. I know not what need they had but on both sides they thought it needful to hinder one another as much as they could from levying of Soldiers and therefore the King did set forth Declarations in Print to make the people know that they ought not to obey the Officers of the new Militia set up by the Ordinance of Parliament and also to let them see the Legality of His own Commissions of Array and the Parliament on their part did the like to justifie to the people the said Ordinance and to make the Commission of Array appear unlawful B. When the Parliament were Levying of Soldiers was it not lawful for the King to Levy Soldiers to defend Himself and His Right though there had been no other Title for it but His own preservation and that the name of Commission of Array had never been heard of A. For my part I think there cannot be a better Title for War than the defence of a Man 's own Right but the People at that time thought nothing lawful for the King to do for which there was not some Statute made by Parliament For the Lawyers I mean the Judges of the Courts of Westminster and some few others though but Advocates yet of great Reputation for their skill in the Common Laws and Statutes of England had infected most of the Gentry of England with their Maxims and Cases prejudg'd which they call Precedents and made them think so well of their own knowledge in the Law that they were glad of this occasion to shew it against the King and thereby to gain a Reputation with the Parliament of being good
he meant to sweep the Sea of all English Shipping After this in February â—he Dutch with Van Tromp were encountred by the English under Blake and Dean near Ports-mouth and had the worst And these were all the Encounters between them this year in the narrow Seas they fought also once at Leghorn where the Dutch had the better B. I see no great odds yet on either side if there were any the English had it A. Nor did either of them e're the more incline to Peace for the Hollanders after they had sent Ambassadors into Denmark Sweeden Poland and the Hans Towns whence Tar and Cordage are usually had to signifie the Declaration of the War and to get them to their Party re-called their Ambassadors from England and the Rump without delay gave 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 Mâ—nsem B. What was done in the mean time at home A. Cromwel was now quarrelling the last and greatest Obstacle to his Design the Rump and to that end there came out dayly from the Army Petitions Addresses Remonstrances and other such Papers some of them urging the Rump to dissolve themselves and make way for another Parliament to which the Rump unwilling to yield and not daring to refuse determin'd for the end of their sitting the 5th of November 1654. but Cromwel meant not to stay so long In the mean time the Army in Ireland was taking Submissions and granting Transportations of the Irish and condemning who they pleased in a High Court of Justice erected there for that purpose Among 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 that stubborn Nation and thus ended the year 1652. B. Come we then to the year 1653. A. Cromwel wanted now but one step to the end of his Ambition and that was To set his Foot upon the Neck of this Long-Parliament which he did April the 23th of this present year 1653. a time very seasonable for though the Dutch were not master'd yet they were much 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 any more ado attended by the Major Generals Lambert and Harrison some other Officers and as many Souldiers as he thought fit he went to the Parliament House and dissolv'd them turn'd them out and lock'd up the Doors and for this Action he was more applauded by the people than for any of his Victories in the War and the Parliament men as much scorn'd and derided B. Now that there was no Parliament who had the Supreme Power A. If by Power you mean the right to Govern no body had it if you mean the Supreme Strength it was clearly in Cromwel who was obeyed as General of all the Forces in England Scotland and Ireland B. Did he pretend that for Title A. No but presently after he intended a Title which was this That he was necessitated for the defence of the Cause for which at first the Parliament had taken up Arms that is to say Rebell'd to have recourse to extraordinary Actions You know the pretence of the Long-Parliament's 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 Generals duty to do it had he not therefore right for that Law of Salus Populi is directed only to those that have Power enough to defend the People that is to them that have the Supreme Power B. Yes certainly he had as good a Title as the Long-Parliament but the Long-Parliament did represent the People and it seems to me that the Soveraign Power is essentially annexed to the Representative of the People A. Yes if he that makes a Representative that is in the present case the King do call them together to receive the Soveraign Power and he divest himself thereof otherwise not nor was ever the lower house of Parliament the Representative of the whole Nation but of the Commons only nor had that House the Power to oblige by their Acts or Ordinances any Lord or any Priest B. Did Cromwel come in upon the only Title of Salus Populi For this is a Title very few understand A. His way was to get the Supreme Power conferr'd upon him by Parliament therefore he call'd a Parliament and gave it the Supreme Power to the end that they should give it to him again was not this witty First therefore he published a Declaration of the Causes why he dissolv'd the Parliament the sum whereof was That instead of endeavouring to promote the good of Gods people they endeavour'd by a Bill then ready to pas to recruit the House and perpetuate their own Power Next he constituted a Council of State of his own Creatures to be the Supreme Autority of England but no longer than till the next Parliament should be call'd and met Thiâ—dly he summon'd 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 Phanaticks though stil'd by Cromwel Men of approv'd fidelity and honâ—sty to these the Council of State surrender'd the Supreme Authority and not long after these men surrendred it to Cromwel July the fourth this Parliament met and chose for their Speaker one Mr. Rous and called themselves from that time forward The Parliament of England But Cromwel for the more surety constituted also a Council of State not of such petty Fellows as most of these were but of himself and of his principal Officers These did all the business both publick and private making Ordinances and giving Audience to Foreign Ambassadors But he had now more Enemâ—es than before Harrison who was the Head of the Fifth monarchy-men laying down his Commission did nothing but anâ—mate his Party against him for which afterward he was Imprisoned This little Parliament in the mean time were making of Acts so ridiculous and displeasing to the People that it was thought he chose them on purpose to bring all ruling Parliaments into contempt and Monarchy again into credit B. What Acts were these A. One of them was That all Marriages should be made by a Justice of Peace and the Banes asked three several days in the next Market None were forbidden to be Married by a Minister but without a Justice of Peace the Marriage was to be void so divers wary Couples to be sure of one another howsoever