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A43991 The history of the civil wars of England from the year 1640-1660 / by T.H.; Behemoth Hobbes, Thomas, 1588-1679. 1679 (1679) Wing H2239; ESTC R35438 143,512 291

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or at least make great difficulty to furnish the King with Mony necessary for the most urgent occasions of the Commonwealth B. How then can a King discharge his Duty as he ought to do or the Subject know which of his Masters he is to Obey For here are manifestly two Powers which when they chance to differ cannot both be Obeyed A. 'T is true but they have not often differed so much to the danger of the Common-wealth as they have done in this Parliament of 1640. In all the Parliaments of the late King Charles before the year 1640. my Lord of Strafford did appear in opposition to the Kings Demands as much as any man and was for that Cause very much esteemed and cried up by the People as a good Patriot and one that couragiously stood up in defence of their Liberties and for the same cause was so much the more hated when afterwards he endeavoured to maintain the Royal and Just A●thority of his Majesty B. How came he to change his mind so much as it seems he did A. After the Dissolution of that Parliament holden in the year 1627 and 1628 the King finding no Mony to be gotten from Parliaments which he was not to buy with the Blood of such Servants and Ministers as he loved best abstained a long time from calling any more and had abstained longer if the Rebellion of the Scotch had not forced him to it During that Parliament the King made Sir Thomas Wentworth a Baron recommended to him for his great ability which was generally taken notice of by the disservice he had done the King in former Parliaments but which might be usefull also for him in the times that came on and not long after that he made him of the Counsel and again Lieutenant of Ireland which place he discharged with great satisfaction and benefit to his Majesty and continued in that Office till by the Envy and Violence of the Lords and Commons of that unlucky Parliament of 1640. he died in which year he was made General of the Kings Forces against the Scotch that then entred into England and the year before Earl of Strafford The Pacification being made and the Forces on both sides Disbanded and the Parliament at Westminster now Sitting It was not long before the House of Commons accused him to the House of Lords of High Treason B. There was no great probability of his being a Traitor to the King from whose favour he had received his greatness and from whose Protection he 〈◊〉 to expect his safety What was the Treason they laid to his Charge A. Many Articles were drawn up against him but the summ of them was contained in these two First That he had traiterously endeavour'd to subvert the Fundamental Laws and Government of the Realm and instead thereof to introduce an Arbitrary and Tyranical Government against Law Secondly That he had laboured to subvert the Rights of Parliaments and the Antient course of Parliamentary Proceedings B. Was this done by him without the knowledge of the King A. No. B. Why then if it were Treason did not the King himself call him in Question by his Attorney What had the House of Commons to do without his Command to accuse him to the House of Lords They might have complain'd to the King if he had not known it before I understand not this Law A. Nor I. B. Had this been by any former Statutes made Treason A. Not that I ever heard of nor do I understand that any thing can be Treason against the King that the King hearing and knowing does not think Treason But it was a piece of that Parliaments Artifice to put the word Traiterously to any Article exhibited against a man whose life they meant to take away B. Was there no particular Instance of action or words out of which they argued that endeavour of his to subvert the fundamental Laws of Parliament whereof they accused him A. Yes they said he gave the King Counsel to reduce the Parliament to their duty by the Irish Army which not long before my Lord of Strafford himself had caused to be leavied there for the Kings service but it was never proved against him that he advised the King to make use of it against the Parliament B. What are those Laws that are called fundamental for I understand not how one Law can be more fundamental than another except only that Law of Nature that binds us all to obey him whosoever he be whom lawfully and for our own safety wee have promised to obey nor any other fundamental Law to a King but Salus Populi The safety and well being of his People A. This Parliament in the use of these words when they accused any Man never regarded the signification of them but the weight they had to aggravate their accusation to the Ignorant multitudes which think all faults heinous that are exprest in heinous termes If they hate the Reason accused as they did this Man not only for being of the Kings party but also for deserting the Parliaments party as an Apostate B. I pray you tell me also what they meant by Arbitrary Government which they seemed so much to hate Is there any Governour of a People in the World that is forced to Govern them or forced to make this and that Law whether he will or no! I think or if any be that forces him does certainly make Laws and Govern Arbitrarily A. That is true and the true meaning of the Parliament was that not the King but they themselves should have the Arbitrary Government not only of England but of Ireland and as it appeared by the event of Scotland also B. How the King came by the Government of Scotland and Ireland By descent of his Ancesters every body can tell but if the King of England and his heirs should chance which God-forbid to fail I cannot imagine what Title the Parliament of England can acquire thereby to either of those Nations A. Yet they say they have been conquered Antiently by the English Subjects Money B. Like enough and suitable to the rest of their Impudence A. Impudence In Democratical Assemblies does almost all that is done 'T is the Goddess of Rhetorick and carries on proof with it for ought ordinary Man will not from so great boldness of Affirmation conclude there is great boldness of affirmation conclude there is great probability in the King affirmed upon this accusation he was brought to his Tryal at Westminster hall before the House of Lords and found guilty and presently after declared a Traytor by a Bill of attainder that is by Act of Parliament B. It is a strange thing that the Lords should be induced upon so light Grounds to give ● sentence or give their assent to a Bill so prejudicial to themselves and their posterity A. 'T was not well done and yet as it seems not ignorantly for there is a clause in the Bill that it should not be taken hereafter
The HISTORY OF THE Civil Wars OF ENGLAND From the Year 1640 to 1660. By T. H. Religio p perit Scelerosa atque impia Facta Tantum Religio potuit Suadere Malorum Lucret. de Natur. Rer. Lib. I. Placavi Sanguine Deos. Hor. Serm. Lib. II. Satyr 3. Quicquid delirant Reges Plectuntur Achivi Hor. Cui potior Patria fuit interdicta voluptas Hor. Lib. I. Epist 6. Sociusque Fraternae Necis Sua Urbs haec periret dextera Suis ipsa Roma viribus Ruit Hor. Epod. 16. Printed in the Year 1679. THE HISTORY OF THE Civil VVars OF ENGLAND A. If in time as in place there were Degrees of high and low I verily believe that the highest of time whould 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 then 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 me that could not see so well upon the same Mountain by the relation of the actions you then saw 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 Scotland 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 Magazenes of Ammunition in Places fortified A. If those Souldiers had been as they and all others of his Subjects ought to have been at his Majesties Command the Peace and Hapiness 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. Truely 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 the Earth were called FIFTH-MOMARCHY-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 better sort that had been so educated as that in their youth having read the Books written by famous men of the Antient Grecian and Roman Commonwealths concerning their Policy and great Actions in which Book the Popular Government was extold 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 i● 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 Common-wealth 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 Luke 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
which was not only false but also without any ground at all for a Suspicion B. It is a strange thing that Scholars obscure men that could receive no Charity but from the flame of the State should be suffered to bring their unnecessary Disputes and together with them their quarrels out of the Universities into the Commonwealth and more strange that the State should engage in their Parties and not rather put them both to silence A State can constrain Obedience but convince no Error nor alter the Mind of them that believe they have the better reason Suppression of Doctrines does but unite and exasperate that is increase both the malice and Power of them that have already believed them But what are the Points they disagree in Is there any Controversy between Bishop and Presbyterian concerning the Divinity o● Humanity of Christ Do either of them deny the Trinity or any Article of the Creed Does either Party Preach openly or Write directly against Justice Charity Sobriety or any other Duty necessary to Salvation except only the Duty to the King and not that neither but when they had a mind either to Rule or Destroy the King Lord have mercy upon us Can no body be saved that understands not their Disputations or is there more requisite either of Faith or Honesty for the Salvation of one Man than another What needs so much Preaching of Faith to us that are no Heathens and that believe already all that Christ and his Apostles have told us is necessary to Salvation and more too Why is there so little Preaching of Justice I have indeed heard Righteousness often recommended to the People but I have seldom heard the word Justice in their Sermons nay though in the the Latine and Greek Bible the word Justice occurr exceeding often yet in the English though it be a word that every man understands the word Righteousness which few understand to signify the same but take it rather for Righteousness of Opinion than of Action or Intention is put in the place of it A. I confess I know very few Controversies amongst Christians of points necessary to Salvation they are the Questions of Authority and Power over the Church or of Profit or Honour to Church-men that for the most part raise all the Controversies For what man is he that will trouble himself and fall out with his Neighbours for the saving of my Soul or the Soul of any other than himself When the Presbyterian Ministers and others did so furiously Preach Sedition and animate men to Rebellion in these late Wars Who was there that had not a Benefit or having one feared not to loose it or some other part of his Maintenance by the alteration of the Government that did voluntarily without any eye to reward Preach so earnestly against Sedition As the other party Preached for it I confess that for ought I have observed in History and other Writings of the Heathens Greek and Latine that those Heathens were not at all short of us in point of Vertue and Moral Duties notwithstanding that we have had much Preaching and they none at all I confess also that considering what harm might proceed form a Liberty that Men have upon every Sunday and oftner to Harangue all the People of a Nation at one time whilst the State is ignorant what they will say and that there is no such thing permitted in all the World out of Christendom nor therefore any Civil Wars about Religion I have thought much Preaching an inconvenience nevertheless I cannot think that Preaching to the People the points of their Duty both to God and Man can be too frequent so it be done by Grave Discreet and Antient men that are Reverenced by the People and not by light quibling young men whom no Congregation is so simple as to look to be taught by as being a thing contrary to nature or to pay them any Reverence or to care what they say except some few that may he delighted with their Jingling I wish with all my Heart there were enough of such Discreet and Antient men as might suffice for all the Parishes of England and that they would undertake it but this is but a wish I leave it to the wisdom of the State to do what it pleaseth B. What did they next A. Whereas the King had sent Prisoners into Places remote from London three Persons that had been condemned for publishing seditious Doctrine some in Writing some in publick Sermons that Parliament whether with his Majesties consent or no I have forgotten caused them to be released and to Return to London meaning I think to try how the People would be pleased therewith and by consequence how their endeavours to draw the Peoples Affections from the King had already prospered when these three came through London it was a kind of Triumph the People flocking together to behold them and receiving them with such Acclamations and almost Adoration as if they had been let down from Heaven 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 Sr. Thomas Wentworth a Gentleman both for birth and estate very considerable in his own Country which was Yorkshire but more considerable for his Judgment 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 fit to be chosen for the Parliament which are commonly these To take for the Rule of Justice and the Government the Judgments 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 Parliament To seek Redress of Grievances B. What Grievances A. The Grievances were commonly such as these the Kings too much Liberality to some favorite The too much power of any Minister of State or Officer the Misdemeanours of Judges Civil or Spiritual but especially all Unparliamentary raising of Mony upon the Subjects And commonly of late till such grievances be redressed they refuse
an Independent in England in Answer to it B. I have seen them both they are very good Latine both and hardly to be judged which is better and both very ill reasoning and hardly to be judged which is worst like two Declamations Pro and Con for exercise only in a Rhetorick School by one and the same man so like is a Presbyterian to an Independent A. In this year the Rump did not much at home save that in the beginning they made England a Free State by an Act which runs thus Be it Enacted and Declared by this present Parliament and by to Authority thereof That the People of England and all the Dominions and Territories thereunto belonging are and shall be and are hereby constituted made and declared a Common-wealth and Free State c. B. What did they mean by a Free State and Common-wealth were the people no longer to be subject to Laws They could not mean that for the Parliament meant to Govern them by their own Laws and punish such as broke them Did they mean that England should not be subject to any foreign Kingdom or Common-wealth That needed not be Enacted seeing there was no King nor People pretended to be their Masters What did they mean then A. They meant that neither this King nor any King nor any single person but only that they themselves would be the Peoples Masters and would have set it down in those plain words if the people could have been cozen'd with words intelligible as easily as with words not intelligible After this they gave one another Money and Estates out of the Lands and Goods of the Loyal Party They Enacted also an Engagement to be taken by every man in these words You shall promise to be true and faithful to the Common-wealth of England as it is now established without King or House of Lords They 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 that 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 spiteful usage than revenge requir'd Executed by the Covenanters at Edinborough May the 2d B. What good could the King expect from joyning with these men who during the Treaty discover'd so much malice to him in one of his best Subjects A. No doubt their Church-men being then prevalent they would have done as much to this King as the English Parliament had done to his Father if 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 refus'd 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 were 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
wisest and fittest to be chosen for a Parliament who was most 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 that point you will be better informed in the pursuit of this Narration B. But I desire to know first the several grounds of the Pretences both of the Pope and of the Presbyterians by which they claim a Right to govern us as they do in chief and after that from whence and when crept in the Pretences of that Long Parliament for a Democrasie A. As for the Papists they challenge this Right from a Text in Deut. 17. and other like Texts according to the Old Latin Translation in these words And he that out of Pride shall refuse to obey the Commandment of that Priest which shall at that time Minister before the Lord thy God that man shall by the Sentence of the Judge be put to Death and because the Jews were the People of God then so is all Christendom the People of God now they infer from thence that the Pope whom they pretend to be High Priest of all Christian People ought also to be obeyed in all his Decrees by all Christians upon pain of Death Again whereas in the New Testament Christ saith all Power is given unto me in Heaven and in Earth go therefore and teach all Nations and baptize them in the name of the Father and of the Son and of the Holy Ghost and teach them to observe all those things that I have commanded you from thence they in●er that the Command of the Apostles was to be obeyed by consequence the Nations were bound to be governed by them and especially by the Prince of the Apostles St. Peter and by his Successors the Popes of Rome B. For the Text in the Old Testament I do not see how the Commandment of God to the Jews to obey their Priests can be interpreted to have the like force in the Case of other Nations Christian more then upon Nations Unchristian For all the world are Gods People unless we also grant that a King cannot of an Infidel be made Christian without making himself subject to the Laws of that Apostle or Priest or Minister that shall convert him The Jews were a peculiar People of God a Sacerdotal Kingdom and bound to no other Law but what first Moses and afterwards every High Priest did go and receive immediately from the Mouth of God in Mount Sinai in the Tabernacle of the Ark and in the Sanctum Sanctorum of the Temple And for the Text in St. Mathew I know the words in the Gospel are not Go teach but Go and make Disciples and that there is a great difference between a Subject and a Disciple and between teaching and commanding and if such Texts as these must be so interpreted why do not Christian Kings lay down their Titles of Majesty and Soveraignty and call themselves the Popes Lieutenants But the Doctors of the Romish Church seem to decline that Title of Absolute Power in their distinction of Power Spiritual and Temporal but this Distinction I do not very well understand A. By Spiritual Power they mean the Power to determine Points of Faith and to be Judges in the Inner Court of Conscience of Moral Duties and of a Power to punish those men that obey not their Precepts by Ecclesiastical Censure that is by Excommunication and this Power they say the Pope hath immediately from Christ without dependance upon any King or Soveraign Assembly whose Subjects they 〈◊〉 that stand Excommunicate But for the Power Temporal which consists in judging and punishing those Actions that are done against the Civil Law they say they do not pretend to it directly but only indirectly That is to say so far forth as such Actions tend to the hinderance or advancement of Religion in ordine ad Spiritualia B. What Power then is le●t to Kings and other Civil Soveraign● which the Pope may not pretend to be in ordine ad Spiritualia A. None or very little and this Power the Pope not only pretends to in all Christendom but some of his Bishops also in their several Di●cesses jure Divino 〈◊〉 that is immediately from Christ without deriving it from the Pope B. But what if a man refuse Obedience to this pretended Power of the Pope and his Bishops what harm can Excommunication do him especially if he be a Subject of an other Soveraign A. Very great harm for by the Popes or Bishops Signification of it to the Civil Power he shall be punished sufficiently B. He were in an ill Case then that adventured to write or speak in defence of the Civil Power that must be punished by him whose Rights he des●nded ●ike Uzza that was slain because he would needs unbidden put forth his hand to keep the Ark from falling But what if a whole Nation should revolt from the Pope at once What effect could Excommunication have upon the Nation A. Why they should have no more Mass said at least by any of the Popes Priests Besides the Pope would have no more to do with them but cast them off and so they would be in the same Case as if a Nation should be cast off by their King and left to be Governed by themselves or whom they would B. This would not be taken so much for a Punishment to the People as to the King and therefore when a Pope Excommunicates a whole Nation methinks he rather Excommunicates himself than them But I pray you tell me what were the Rights the Pope pretended to in the Kingdoms of other Princes A. First an Exemption of all Priests Fri●rs and Monks in Criminal Causes from the Cognizance of Civil Judges Secondly Collation of Benefices on whom he pleased Native or Stranger and Exaction of Tenths Fruits and other payments Thirdly Appeals to R●me in all Causes where the Church could pretend to be concern'd Fourthly To be the ●upreme Judge concerning the Lawfullness of Marriage i. e. concerning the Hereditar● Succession of Kings and to have the Cognizance of all Causes concerning Adultery and Fornication B Good A Monopoly of Women A. Fifthly A power of absolving Subjects of their Duties and of their Oathes of Fidelity to their Lawful Soveraigns when the Pope should think fit for the Extirpation of Heresie B. This power of Absolving Subjects of their Obedience as also that other of being Judges of Manners and Doctrine is as absolute a Soveraignty as is possible to be and consequently there must be two Kingdoms in one and the same Nation and so no man be able to know which of his Masters he must obey A. For my part I should rather obey that Master that had the Right of Making
might do something that might look like Hostility It hapned in the year 1637. that the King by the advice as it is thought of the Arch-Bishop of Canterbury sent down a Book of Common Prayer into Scotland not differing in substance from ours nor much in words besides the putting of the word Presbyter for that of Minister commanding it to be used for Conformity to this Kingdom by the ministers there for an ordinary form of Divine Service this being read out the Church at Edinburgh caused such a Tumult there that he that read it had much adoe to escape with his life and gave occasion to the greatest part of the Nobility and others to enter by their own Authority into a Covenant amongst themselves to put down Episcopacy without consulting the King which they presently did animated thereto by their own Confidence or by assurance from some of the Democratical English men that in former Parliaments had been the greatest opposers of the King's interest that the King would not be able to raise an Army to chastise them without calling a Parliament which would be sure to favour them for the thing which those Democraticals chiefly then aimed at was to force the King to call a Parliament which he had not done of ten years before as having found no help but hinderance to his designs in the Parliaments he had formerly called Howsoever contrary to their expectation by the help of his better affected Subjects of the Nobility and Gentry he made a shift to raise a sufficient Army to have reduced the Scots to their former obedience if it had proceeded to Battle And with this Army he marched himself into Scotland where the Scotch Army was also brought into the Field against him as if they meant to fight but then the Scotch sent to the King for leave to treat by Commissioners on both sides and the King willing to avoid the destruction of his own Subjects condescended to it the issue was Peace and the King thereupon went to Edinburgh and passed an Act of Parliament there to their Satisfaction B. Did he not then confirm Episcopacy A. No but yielded to the abolishing of it but by the means the English were crossed in their hope of a Parliament but the Democraticals formerly opposers of the King's Interest ceased not to endeavour still to put the two Nations into a War to the end the King might buy the Parliament's help at no less a price than Soveraignty it self B. But what was the Cause that the Gentry and Nobility of Scotland were so averse from Episcopacy For I can hardly believe that their Consciences were extraordinarily tender nor that they were so very great Divines as to know what was the true Church Discipline established by our Saviour and his Apostles nor yet so much in love with their Ministers as to be over-ruled by them in the Government either Ecclesiastical or Civil for in their lives they were just as other men are Pursuers of their own Interests and Preferments wherein they were not more opposed by the Bishops than by their Presbyterian Ministers A. Truly I do not know I cannot enter into other mens thoughts farther than I am lead by the consideration of Human Nature in general But upon this consideration I see First That men of antient Wealth and Nobility are not apt to brook that poor Schollars should as they must when they are made Bishops be their Fellows Secondly That from the emulation of Glory between the Nations they be willing to see their Nation afflicted with Civil War and might hope by aiding the Rebels here to acquire some Power over the English at least so far as to establish here the Presbyterian Discipline which was also one of the points they afterwards openly demanded Lastly They might hope for in the War some great sum of money as a reward of their assistance besides great Booty which they afterwards obtained but whatsoever was the cause of their hatred to Bishops the pulling of them down was not all they aimed at if it had now that Episcopacy was abolished by Act of Parliament they would have rested satisfied which they did not for after the King was returned to London the English Presbyterians and Democraticals by whose favour they had put down Bishops in Scotland thought it reason to have the assistance of the Scotch for the pulling down of Bishops in England and in order thereunto they might perhaps deal with the Scots secretly to rest unsatisfied with that pacification which they were before contented with howsoever it was not long after the King was returned to London they sent up to some of their friends at Court a certain Paper containing as they pretended the Articles of the said Pacification a false and Scandalous Paper which was by the King's Command burnt as I have heard publickly and so both parts returned to the same Condition as they were in when the King went down with his Army B. And so there was a great deal of Money cast away to no purpose but you have not told me who was General of that Army A. I told you the King was there in Person he that commanded under him was the Earl of Arundel a man that wanted not either Valour o● Judgement but to proceed to Battle or to Treaty was not in his Power but in the King 's B. He was a man of a most Noble and Loyal Family and whose Ancestors had formerly given a great overthrow to the Scots in their own Countrey and in all likelihood he might have given them the like now if they had Fought A. He might indeed but it had been but a kind of Superstition to have made him General upon that account though many Generals heretofore have been chosen for the good luck of their Ancestors in the like occasions In the long War between Athens and Sparta a General of the Athenians by Sea won many Victories against the Spartans for which cause after his death they chose his Son for General with ill success The Romans that Conquered Carthage by the Valor and Conduct of Scipio when they were to make War again in Africk against Caesar chose another Scipio a man Valiant and Wise enough but he perished in the imployment And to come home to our own Nation the Earl of Essex made a fortunate Expedition to Cadiz but his Son sent afterwards to the same place could do nothing 'T is but a foolish Superstition to hope that God has entailed success in War upon a Name or Family B. After the Pacification broken what succeeded next A. The King sent Duke Hamilton with Commission and Instructions into Scotland to call a Parliament there but all was to no purpose and to use all the means he could otherwise but the Scots were resolved to raise an Army and to enter into England to deliver as they pretended their grievances to his Majesty in a Petition because the King they said being in the hands of evil Councellors they could
also they presently did giving out all the way that their march should be without damage to the Country and that their Errand was onely to deliver a Petition to the King for the redress of many pretended Injuries they had received from such of the Court whose Counsel the King most followed so they passed through Northumberland quietly till they came to a Ford in the River of Tine a little above Newcastle where they found some little opposition from a party of the King's Army sent thither to Stop them whom the Scots easily mastered and as soon as they were over seized upon Newcastle and coming farther on upon the City of Duresme and sent to the King to desire a Treaty which was granted and the Commissioners on both sides met at Rippon the conclusion was that all should be referred to the Parliament which the King should call to meet at Westminster the third of November following in the same year 1640. And thereupon the King returned to London B. So the Armies were disbanded A. No The Scotch Army was to be defrayed by the Counties of Northumberland and Duresme and the King was to pay his own till the disbanding of both should be agreed upon in Parliament B. So in effect both the Armies were maintained at the King's charge and the whole Controversie to be desided by a Parliament almost wholly Presbyterian and as Partial to the Scotch as themselves could have wished A. And yet for all this they durst not presently make War upon the King there was so much yet left of Reverence to him in the Hearts of the People as to have made them odious if they had declared what they intended they must have some colour or other to make it be believed that the King made War first upon the Parliament And besides they had not yet sufficiently disgraced him in Sermons and Pamphlets nor removed from about him those they thought could best counsel him therefore they resolved to proceed with him like skilfull hunters First to single him out by men disposed in all parts to drive him into the open field and then in case he should not seem to turn head to call that making a War against the Parliament And first They called in question such as had either Preached or written in defence of those Rights which belonging to the Crown they meant to usurp and take from the King to themselves whereupon some few Writers and Preachers were imprisoned or forced to fly The King not protecting these they proceeded to call in question some of the King 's own Actions in his Ministers whereof they Imprisoned some and some went beyond Sea and whereas certain persons having endeavoured by Book and Sermons to raise Sedition and committed other Crimes of high Nature had therefore been censured by the Kings Council in the Star-Chamber and Imprisoned the Parliament by their own Authority to try it seems how the King and the People would take it for their Persons were inconsiderable ordered their setting at Liberty which was accordingly done with great Applause of the People that flocked about them in London in manner of a Triumph This being done without resistance the Kings Right to Ship-mony B. Ship-mony What 's that A. The Kings of England for the defence of the Sea had power to Tax all the Counties of England whether they were Maritine or not for the Building and furnishing of Ships which Tax the King had then lately found cause to impose and the Parliament exclaimed against it as an oppression and one of their members that had been Taxed but 20 shillings mark the Oppression a Parliament-man of 500 lb. a year Land Taxed at 20 shillings they were forced to bring it to a Trial at Law he refusing payment and he was cast again when all the Judges of Westminster were demanded their opinions concerning the legality of it of Twelve that there are it was judged Legal by Ten for which though they were not punished yet they were affrighted by the Parliament B. What did the Parliament mean when they did exclaim against it as illegal Did they mean it was against Statute Law or against the Judgments of Lawyers given heretofore which are commonly called Reports or did they mean it was against Equity which I take to be the ●ame with the Law of Nature A. It is a hard matter or rather impossible to know what other men mean especially if they be crafty but sure I am Equity was not their Ground for their pretence of Immunity from Contributing to the King but at their own pleasure for when they have laid the Burthen of defending the whole Kingdom and Governing it upon any person whatsoever there is little Equity he should depend on others for the means of performing it or if he do they are his Soveraign not he theirs and as for the Common Law contained in Reports they have no force but what the King gives them besides it were unreasonable that a corrupt or foolish Judge's unjust Sentence should by any time how long soever obtain the authority and force of a Law but amongst the Statute Laws there is one called Magna Charta or The great Charter of the Liberties of English men in which there is one Article that no man shall be distrained that is have his Goods taken from him otherwise than by the Law of the Land B. Is not that a sufficient ground for their purpose A. No that leaves us in the same doubt which you think it clears for where was the Law of the Land then Did they mean another Magna Charta that was made by some King more antient yet No that Statute was made not to exempt any man from payments to the Publick but for securing of every man from such as abused the King's Power by surreptitious obtaining of the King's Warrants to the oppressing of those against whom he had any Suite in Law but it was conducing to the end of some rebellious Spirits in this Parliament to have it interpreted in the wrong sense and suitable enough to the understanding of the rest or most part of them to let it pass B. You make the members of that Parliament very simple men and yet the People chose them for the wisest of the Land A. If Craft be Wisedom they were wise enough but Wise as I de●ino it is he that knows how to bring his business to pass without the Assistance of Knavery and ignoble shifts by the sole strength of his good contrivance a Fool may win from a better Gamester by the advantage of false Dice and Packing of Cards B. According to your difinition there be few wise men now adays such Wisedome is a kind of Gallantry that few are brought up to and most think Folly fine Cloaths great Feathers Civility towards men that will not swallow Injuries and Injury towards them that will is the present Gallantry but when the Parliament afterwards having gotten the power into their hands levied money to their
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 cite all the Antient Authors that speake of the formes of those Common-wealths which were amongst our first Ancesters 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 oftner unjust then otherwise and for those Saxons or Angels that in Antient times by several Invasions made themselves Masters of this Nation they were not in themselves one Body of a 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 Souldiers amongst which Priviledges a man may easily conjecture this to 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 they had a Right to oppose the Kings 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 Kings great Council and when they were assembled to be the highest of the Kings 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 of 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 Shires 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 of 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 Descended most of them from such as in the Invasions and Conquests of the Germans were Peers and Fellow Kings till one was made King of them all 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 serve 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 so the Power of the House of Commons increased But I do not find that they were part of the Kings 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 with them whilst the King had his Great Council about him But neither they nor the Lords could present to the King as a Grievance That the King took upon him to make the Laws to chuse his own Privy Council to raise Money and Souldiers to defend the Peace and Honour of the Kingdom to make Captains in his Army to make Governours of his Castle whom he pleased for this had been to tell the King that it was one of their Grievances that he was King B. What did the Parliament do whilst the King was in Scotland A. The King went in August after which the Parliament September the 8th adjourn'd till the 20th of October and the King return'd about the end of November following in which time the most Seditious of both Houses and which had Designed the Change of Government and to cast off Monarchy but yet had not wit enough to set up another Government in its place and consequently lest it to the Chance of War made a Cabal amongst themselves in which they projected how by seconding one another to Govern the House of Commons and invented how to put the Kingdom by the Power of that House into a Rebellion which they then called a posture of Defence against such Dangers from abroad as they themselves should feign and publish Besides whilst the King was in Scotland the Irish Papists got togeter a great Party with an Intention to Massacre the Protestants there and had laid a Design for the seizing of Dublin Castle October the 20th where the King's Officers of the Government of the County made their Residence and had effected it had it not been Discovered the night before The Manner of the Discovery and the Murders they committed in the Country afterwards I need not tell you since the whole story of it is extant B. I wonder they did not expect provide for a Rebellion in Ireland as soon as they began to quarrel with the King in England For was there any body so ignorant as not to know that the Irish Papists did long for a Change of Religion there as well as the Presbyterians in England Or that in
might compose a body fit to Act according to their Counsels and Resolutions A fourth That they endeavoured to put the King upon other courses of Raising Money than by the ordinary way of Parliaments Judge whether these may be properly called Accusations or not rather spightful 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 mis-liked whether faults or not and whereof they were not able to judge for want of knowledge of the Causes and Motives that induced the King to do them and were known only to the King himself and such of his Privy-Council as he revealed them to B. But what were those particular pretended faults A. First The Dissolution of his 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 current with common people for Mis-government and for faults of the King 's though some of them were Misfortunes and both the Mis-fortunes and the Mis-government 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 waies 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 Ship● money They had taken away Coat and Conduct-money and other Military Charges which they said amounted to little less than the Ship-money That they supprest all Monopolies which they reckoned above a Million yearly sav'd by the Subject That they had quell'd Living Grievances meaning Evil Councillors and Actors by the Death of my Lord Strafford by the flight of the Chancellor Finch and of Secretary Windebank by the Imprisonment of the Arch-Bishop of Canterbury and Judges that they had past a Bill for a Triennial Parliament and another for the Continuance of the present Parliament till they should think fit to Dissolve themselves B. That is to say for ever if they be suffered But the summe of all those things which they had done for the Kingdom is that they had left it without Government without Strength without Money without Law and without good Council A. They reckoned also putting down of the High Commission and the abating of the Power of the Council-Table and of the Bishops and their Courts the taking away of unnecessary Ceremonies in Religion removing of Ministers from their Livings that were not of their Faction and putting in such as were B. All this was but their own and not the Kingdoms business A. The Good they had done the King was first they said the giving of 25000 l. a month for the Relief of the Northern Counties B. What need of Relief had the Northern more than the rest of the Counties of England B. Yes In the Northern Counties were quartered the Scotch Army which the Parliament call'd in to oppose the King and consequently their Quarter was to be discharged B. True but by the Parliament that call'd them in A. But they say no and that this Money was given the King because he is bound to protect his Subjects B. He is no farther bound to that than they to give him Money wherewithal to do it This is very great Impudence to raise an Army against the King and with that Army to oppress their Fellow-subjects and then require that the King should relieve them that is to say be at the Charge of Paying the Army that was
was a putting of themselves into Arms and under Officers such as the Parliament should approve of Fourthly They Voted that His Majesty should be again desir'd that the Prince might continue about London Lastly They Voted a Declaration to be sent to His Majesty by both the Houses wherein they accuse His Majesty of a design of altering Religion though not directly Him but them that counsel'd Him whom they also accus'd of being the Inviters and Fomenters of the Scotch War and Framers of the Rebellion in Ireland And upbraid the King again for accusing the Lord Kimbolton and the Five Members and of being privy to the purpose of bringing up His Army which was rais'd against the Scots to be employ'd against the Parliament To which His Majesty replied from Newmarket Whereupon it was Resolv'd by both Houses That in this Case of extream Danger and of His Majesties Refusal the Ordinance agreed upon by both Houses for the Militia doth oblige the People by the Fundamental Laws of this Kingdom And also that whosoever should execute any Power over the Militia by colour of any Commission of Lieutenancy without Consent of both Houses of Parliament shall be accounted a Disturber of the Peace of the Kingdom Whereupon His Majesty sent a Message to both Houses from Huntingdon Requiring Obedience to the Laws Established and Prohibiting all Subjects upon pretence of their Ordinance to Execute any thing concerning the Militia which is not by those Laws warranted Upon this the Parliament Vote a standing to their former Votes as also That when the Lords and Commons in Parliament which is the Supreme Court of Judicature in the Kingdom shall declare what the Law of the Land is to have this not only questioned but contradicted is a high Breach of the Priviledge of Parliament B. I thought that he that makes the Law ought to declare what the Law is for what is it else to make a Law but to declare what it is so that they have taken from the King not only the Militia but also the Legislative Power A. They have so But I make account the Legislative Power and indeed all Power possible is contain'd in the Power of the Militia After this they seize such Mony as was due to His Majesty upon the Bill of Tunnage and Poundage and upon the Bill of Subsidies that they might disable him every way they possibly could They sent Him also many other contumelious Messages and Petitions after His coming to York amongst which one was That whereas the Lord Admiral by indisposition of Body could not command the Fleet in Person He would be pleased to give Authority to the Earl of Warwick to supply his place when they knew the King had put Sir John Pennington in it before B. To what End did the King entertain so many Petitions Messages Declarations and Remonstrances and vouchsafe His Answers to them when He could not choose but clearly see they were resolv'd to take from Him His Royal Power and consequently His Life For it could not stand with their safety to let either Him or His Issue live after they had done Him so great Injuries A. Besides this the Parliament had at the same time a Committee residing at York to spie what His Majesty did and to inform the Parliament thereof and also to hinder the King from gaining the People of that County to His Party so that when His Majesty was Courting the Gentlemen there the Committee was Instigating of the Yeomanry against him● to which also the Ministers did very much contribute so that the King lost his opportunity at York B. Why did not the King seize the Committee into his hands or drive them out of his Town A. I know not but I believe he knew the Parliament had a greater Party than he not only in Yorkshire but also in York Towards the End of April the King upon Petition of the People of Yorkshire to have the Magazine of Hull to remain still there for the greater security of the Northern Parts thought fit to take it into his own hands He had a little before appointed Governor of the Town the Earl of Newcastle but the Townsmen having been already corrupted by the Parliament refused to receive him but refus'd not to receive Sir John Hotham appointed to be Governor by the Parliament The King therefore coming before the Town Guarded only by a few of his own Servants and a few Gentlemen of the Country thereabouts was deny'd Entrance by Sir John Hotham that stood upon the Wall for which Act he presently caused Sir John Hotham to be proclaim'd Traytor and sent a Message to the Parliament requiring Justice to be done upon the said Hotham and that the Town and Magazine might be delivered into his hands To which the Parliament made no Answer but instead thereof published another Declaration in which they omitted nothing of their former Slanders against His Majesties Government but inserted certain Propositions declarative of their own pretended Right viz. I. That whatsoever they declare to be Law ought not to be question'd by the King II. That no Precedent can be Limits to bound their Proceedings III. That a Parliament for the Publick Good may dispose of any thing wherein the King or Subject hath a Right and that they without the King are this Parliament and the Judge of this Publick Good and that the King's consent is not necessary IV. That no Member of either House ought to be troubled for Treason Felony or any other Crime unless the Cause be first brought before the Parliament that they may judge of the Fact and give leave to proceed if they see Cause V. That the Sovereign Power resides in both Hous●s and that the King ought to have no Negative Voice VI. That the Levying of Forces against the Personal Commands of the King though accompanied with his presence is not Levying War against the King but the Levying of War against his Politique Person viz. his Laws c. VII That Treason cannot be committed against his Person otherwise than as he is intrusted with the Kingdom and discharges that Trust and that they have a Power to judge whether he hath discharged his Trust or not VIII That they may dispose of the King when they will B. This is plain-dealing and without hypocrisie Could the City of London swallow this A. Yes and more too if need be London you know has a great Belly but no palate nor taste of Right and Wrong In the Parliament Roll of Henry IV. amongst the Articles of the Oath the King at his Coronation took there is one runs thus Concedes Justas Leges Consuetudines esse tenendas promitos per te eas esse protegendas ad honorem Dei corroborandas quas Vulgus elegerit Which the Parliament urged for their Legislative Authority and therefore interpret quas Vulgus el●gerit which the People shall choose as if the King should swear to protect and corroborate Laws before they were
have heard I believe how great a Darling of the people his Father had been before him and what Honour he had gotten by the success of his Enterprize upon Cales and in some other Military actions To which I may add That this Earl himself was not held by the People to be so great a 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 be his proper Element unless he had had some extraordinary savour 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 wayes addicted to Presbyterian Doctrines or other Fanatick Tenets in Church or State saving only that he was carried away with the stream in a manner of the whole Nation to think that England was not an absolute but a mixt Monarchy not considering that the Supreme Power must alwayes be absolute whether it be in the King or in the Parliament B. Who was General of the Kings 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 then 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 Fathers Wars in Germany B. But how would 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 relie upon the Benevolence of those that took their parts wherein I confess the Parliament had a mighty great advantage those that helped the King in that kind were only Lords and Gentlemen which not approving the proceedings of the Parliament were willing to undertake the payment every one of a certain number of Horse which cannot be thought any very great assistance the persons that payed them being so few for other Monies 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 Horsemen and to buy Arms for the preservation of the Publick Peace and for the defence of the King and both Houses of Parliament for the Re-payment of which Money and Plate they were to have the Publick Faith B. What Publick Faith is there when there is no Publick What is it that can be call'd Publick 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 Parli●ment promised and declar'd in the Propositions themselves for they declar'd in the first Proposition That no mans Affection should be measured by the pr●portion 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 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 they took to themselves a year or a little more after B. Seeing then the Parliament had such advantage of the King in Money Arms and multitude of Men and had in their hands the King's Fleet I cannot imagine what hope the King could have either of Victory unless He resign'd into their hands the Sovereignty or subsisting for I cannot well believe He had any advantage of them either in Councillors Conducts or in the Resolution of his Soldiers A. On the contrary I think He had also some disadvantage in that for though He had as good Officers at least as any then serv'd the Parliament yet I doubt He had not so useful Council as was necessary And for His Soldiers though they were Men as stout as theirs yet because their Valor was not sharpned so with Malice as theirs was of the other side they sought not so keenly as their Enemies did amongst whom there was a great many London Apprentices who for want of experience in the War would have been fearful enough of death and wounds approaching visibly in glittering Swords but for want of judgment scarce thought of such a death as comes invisibly in a Bullet and therefore were very hardly to be driven out of the Field B. But what fault do you find in the King's Councils Lords and other Persons of Quality and Experience A. Only that fault which was generally in the whole Nation which was That they thought the Government of England was not an absolute but a mixt Monarchy and that if the King should clearly subdue this Parliament that His power would be what He pleased and theirs as little as He pleased which they counted Tyranny This opinion though it did not les●en their endeavors to gain the Victory for the King in a Battel when the Battel could not be avoided yet it weakned their endeavors to procure him an absolute
design'd to set up a Tyrannical Power and to that end had rais'd and maintain'd in the Land a Civil War against the Parliament whereby the Country hath been miserably wasted the Publick Treasure exhausted thousands of people murdered and infinite other mischiefs committed Secondly A Constitution passed of a High Court of Justice that is of a certain number of Commissioners of whom any twenty had power to try the King and proceed to Sentence according to the Merit of the Cause and see it speedily executed The Commissioners met on Saturday January 20. in Westminster-Hall and the King was brought before them sitting in a Chair He heard the Charge read but denied to plead to it either Guilty or not Guilty till he should know by what lawful Authority he was brought thither The President told him that the Parliament affirm'd their own Authority and the King persevered in his refusal to plead though many words passed between him and the President yet this is the sum of all on Monday January 22. the Court met again and the Sollicitor moved that if the King persisted in denying the Authority of the Court the Charge might be taken pro confesso but the King still denied their Authority They met again January 23. and then the Sollicitor moved the Court for Judgment whereupon the King was requir'd to give his Final Answer which was again a denial of their Authority Lastly They met again January 27. where the King then desir'd to be heard before the Lords and Commons in the Painted Chamber and promising after that to abide the Judgment of the Court the Commissioners retir'd for half an hour to consider of it and then returning caused the King again to be brought to the Bar and told him that what he propos'd was but another denial of the Courts Jurisdiction and that if he had no more to say they would proceed to Judgment Then the King answering that he had no more to say the President began a long Speech in justification of the Parliaments proceedings producing the Examples of many Kings kill'd or depos'd by wicked Parliaments Ancient and Modern in England Scotland and other parts of the World All which he endeavour'd to justifie from this only Principle that the People have the Supreme Power and the Parliament is the People This Speech ended the Sentence of Death was read and the same upon Tuesday after January the 30. executed at the Gate of his own Palace of White-Hall He that can delight in reading how villanously he was used by the Souldiers between the Sentence and Execution may go to the Chronicle it self in which he shall see what courage patience wisdom and goodness was in this Prince whom in their Charge the Members of that wicked Parliament stil'd Traytor Tyrant and Murderer The King being dead the same day they made an Act of Parliament That whereas several pretences might be made to the Crown c. it is Enacted by this present Parliament and Authority of the same that no Person shall presume to declare proclaim or publish or any way promote Charles Stuart Son of Charles late King of England commonly called Prince of Wales or any other Person to be King of England and Ireland c. B. Seeing the King was dead and his Successors barr'd by what declar'd Authority was the Peace maintained A. They had in their anger against the Lords formerly declar'd the Supreme Power of the Nation to be in the House of Commons and now on February the fifth they Vote the House of Lords to be useless and dangerous And thus the Kingdom was turn'd into a Democracy or rather an Oligarchy for presently they made an Act That none of those Members who were secluded for opposing the Vote of Non-Addresses should ever be re-admitted And these were commonly called the Secluded Members and the rest were by some stiled a Parliament and by others a Rump I think you need not now have a Catalogue either of the Vices or of the Crimes or of the Follies of the greatest part of them that composed the Long-Parliament than which greater cannot be in the World What greater Vices than Irreligion Hypocrisie Avarice and Cruelty which have appear'd so eminently in the actions of Presbyterian Members and Presbyterian Ministers What greater Crimes than Blasphemy and killing Gods Anointed which was done by the hands of the Independents but by the folly and first Treason of the Presbyterians who betrayed and sold him to his Murderers Nor was it a little folly in the Lords not to see that by the taking away of the Kings Power they lost withall their own Priviledges or to think themselves either for number or judgment any way a considerable assistance to the House of Commons And for those men who had skill in the Laws it was no great sign of understanding not to perceive that the Laws of the Land were made by the King to oblige his Subjects to Peace and Justice and not to oblige himself that made them Lastly and generally all men are Fools which pull down any thing which does them good before they have set up something better in its place He that would set up Democracy with an Army should have an Army to maintain it but these men did it when those men had the Army that were resolv'd to pull it down To these follies I might add the follies of those five men which out of their reading of Tully Seneca and other Antimonarchicks think themselves sufficient Politicks and shew their discontents when they are not called to the management of the State and turn from one side to the other upon every neglect they fancy from the King or his Enemies A. YOU have seen the Rump in possession as they believ'd of the Supreme Power over the two Nations of England and Ireland and the Army their Servant though Cromwel thought otherwise serving them diligently for the advancement of his own purpose I am now therefore to shew you their proceedings B. Tell me first how this kind of Government under the Rump or Relick of a House of Commons is to be call'd A. 'T is doubtless an Oligarchy for the Supreme Authority must needs be in one man or in in more if in one it is Monarchy the Rump therefore was no Monarchy if the Authority were in more than one it was in all or in fewer than all when in all it is Democracy for every man may enter into the Assembly which makes the Soveraign Court which they could not do here It is therefore manifest the Authority was in a few and consequently the State was an Oligarchy B. It is not impossible for a people to be well govern'd that are to obey more Masters than one A. Both the Rump and all other Soveraign Assemblies if they have but one voice though they be many men yet are they but one Person for contrary Commands cannot consist in one and the same voice which is the voice of the greatest part and
therefore they might govern well enough if they had honesty and wit enough The first Act of the Rump was the Exclusion of those Members of the House of Commons which had been formerly kept out by violence for the procuring of an Ordinance for the Kings Tryal for these men had appear'd against the Ordinance of Non-Addresses and therefore to be excluded because they might else be an impediment to their future designs B. Was it not rather because in the Authority of few they thought the fewer the better both in regard of their shares and also of a nearer approach in every one of them to the Dignity of a King A. Yes certainly that was their principal end B. When these were put out why did not the Counties and Burroughs chuse others in their places A. They could not do that without Order from the House After this they constituted a Council of forty persons which they termed a Council of State whose Office was to execute what the Rump should command B. When there was neither King nor House of Lords they could not call themselves a Parliament for a Parliament is a meeting of the King Lords and Commons to confer together about the businesses of the Common-wealth with whom did the Rump confer A. Men may give to their Assembly what Name they please what signification soever such Name might formerly have had and the Rump took the Name of Parliament as most suitable to their purpose and such a Name as being Venerable among the people for many hundred years had countenanced and sweetned Subsidies and other Levies of Money otherwise very unpleasant to the Subject They took also afterwards another name which was Custodes Libertatis Angliae which Title they used only in their Writs issuing out of the Courts of Justice B. I do not see how a Subject that is tyed to the Laws can have more 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 ingrateful Their next work was to set forth a publick Declaration that they were fully resolv'd 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 Fundamental Law in every Commonwealth 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 Fundamentall 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 Souldiers and permitted Free Quarter 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 craftiest 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 Cicero Seneca Cato and other Polititians of Rome and Aristotle of Athens who spake of Kings but as Wolves and other ravenous Beasts You may perhaps 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 the whole War instigated the people against the King so did also Independent and other fanatick Ministers The rest contented with their Livings preached in their Parishes points of Controversie to Religion importinent 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 knowledge 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 encouragement to extend the same farther they perfected the said High Court of Justice in which were tryed Duke Hamilton the Earl of Holland
back into Holland and thence to Orkney where he met with the said five East-India Ships and sent them home and then he endeavour'd to engage with Blake but a sudden Storm forced him to Sea and so dissipated his Fleet that only forty two came home in one Body the rest singly as well as they could Blake also came home but went first to the Coast of Holland with 900 Prisoners and six Men of War taken which were part of twelve which he found and took Guarding their Busses This was the first Bout after the War declar'd In August following there hapned a Fight between De Ruiter the Admiral of Zeland with fifty Men of War and Sir George Ascue near Plimouth with forty wherein Sir George had the better and might have got an entire Victory had the whole Fleet ingaged Whatsoever was the matter the Rump though they rewarded him never more imployed him after his return in their Service at Sea but Voted for the year to come three Generals Blake that was one already and Dean and Monk About this time Arch-Duke Leopold Besieging Dunkirk and the French sending a Fleet to relieve it General Blake lighting on the French at Calais and taking seven of their Ships was cause of the Towns Surrender In September they fought again De Wit and Ruiter commanding the Dutch and Blake the English and the Dutch were again worsted Again in the end of November Van Tromp with 80 Men of War shewed himself at the back of Godwin-sands where Blake though he had with him but 40 adventur'd to fight with him and had much the worst and night parting the Fray retir'd into the River of Thames whilst Van Tromp keeping the Sea took some inconsiderable Vessels from the English and thereupon as it is said with a Childish Vanity hung out a Broom from his Main Top-Mast signifying he meant to sweep the Sea of all English Shipping After this in Frebruary the Dutch with Van Tromp were encountred by the English under Blake and Dean near Ports-mouth and had the worst And these were all the Encounters between them this year in the narrow Seas they fought also once at Legorn where the Dutch had the better B. I see no great odds yet on either side if there were any the English had it A. Nor did either of them e're the more incline to Peace for the Hollanders after they had sent Ambassadors into Denmark Sweeden Poland and the Hans Towns whence Tar and Cordage are usually had to signifie the Declaration of the War and to get them to their Party recalled their Ambassadours from England and the Rump without delay gave them their parting audience without abating a Syllable of their former severe Propositions and presently to maintain the War for the next year laid a Tax upon the People of 120000 l. per Mensem B. What was done in the mean time at home A. Cromwel was now quarrelling the last and greatest Obstacle to his Design the Rump and to that end there came out daily from the Army Petitions Addresses Remonstrances and other such Papers some of them urging the Rump to dissolve themselves and make way for another Parliament to which the Rump unwilling to yield and not daring to refuse determin'd for the end of their sitting the 5th of November 1654. but Cromwel meant not to stay so long In the mean time the Army in Ireland was taking Submissions and granting Transportations of the Irish and condemning who they pleased in a High Court of Justice erected there for that purpose Among these that were executed was hang'd Sir Phelim Oncale who first began the Rebellion in Scotland the English built some Citadels for the bridling that stubborn Nation and thus ended the year 1652. B. Come we then to the year 1653. A. Cromwel wanted now but one step to the end of his Ambition and that was To set his Foot upon the Neck of this Long-Parliament which he did April the 23th of this present year 1653. a time very seasonable for though the Dutch were not master'd yet they were much weakened and what with Prizes from the Enemy and squeezing the Royal Party the Treasury was pretty full and the Tax of 120000 l. a Month began to come in all which was his own in right of the Army Therefore without any more ado attended by the Major Generals Lambert and Harrison and some other Officers and as many Souldiers as he thought fit he went to the Parliament-house and dissolv'd them turn'd them out and lock'd up the Doors and for this Action he was more applauded by the people than for any of his Victories in the War and the Parliament men as much scorn'd and derided B. Now that there was no Parliament who had the Supreme Power A. If by Power you mean the right to Govern no body had it if you mean the Supreme Strength it was clearly in Cromwel who was obeyed as General of all the Forces in England Scotland and Ireland B. Did he pretend that for Title A. No but presently after he intended a Title which was this That he was necessitated for the defence of the Cause for which at first the Parliament had taken up Arms that is to say Rebell'd to have recourse to extraordinary Actions You know the pretence of the Long-Parliaments Rebellion was Salus Populi the safety of the Nation against a dangerous Conspiracy of Papists and a Malignant Party at home and that every man is bound as far as his Power extends to procure the safety of the whole Nation which none but the Army were able to do and the Parliament had hitherto neglected was it not then the General 's Duty to do it had he not therefore right for that Law of Salus Populi is directed only to those that have Power enough to defend the People that is to them that have the Supreme Power B. Yes certainly he had as good a Title as the Long-Parliament but the Long-Parliament did represent the People and it seems to me that the Soveraign Power is essentially annexed to the Representative of the People A. Yes if he that makes a Representative that is in the present case the King do call them together to receive the Soveraign Power and he divest himself thereof otherwise not nor was ever the lower House of Parliament the Representative of the whole Nation but of the Commons only nor had that House the Power to oblige by their Acts or Ordinances any Lord or any Priest B. Did Cromwel come in upon the only Title of Salus Populi For this is a Title very few understand A. His way was to get the Supreme Power conferr'd upon him by Parliament therefore he call'd Parliament and gave it the Supreme Power to the end that they should give it to him again was not this witty First therefore he published a Declaration of the Causes why he dissolv'd the Parliament the sum whereof was That instead of endeavouring to promote the good of God's people
they from time to time should send him And to make this credible Cromwel himself caused Money to be sent to him The following year 1654. had nothing of War but was spent in Civil Ordinances in appointing of Judges preventing of Plots for Usurpers are jealous and in executing of the Kings Friends and selling their Lands The third of September according to the Instrument the Parliament met in which there was no House of Lords and the House of Commons was made as formerly of Knights and Burgesses but not as formerly two Burgesses of a Burrough and two Knights for a County for Burroughs for the most part had but one Burgess and some Counties six or seven Knights besides there were twenty Members for Scotland and as many for Ireland So that now Cromwell had nothing to do but to shew his Art of Government upon six Coach-Horses newly presented him which being as rebellious as himself threw him out of the Coach-box and had almost kill'd him B. This Parliament which had seen how Cromwel handled the two former the long and the short one had surely learnt the wit to behave themselves better to him than those had done A. Yes especially now that Cromwel in his Speech at their first meeting had expresly forbidden them to meddle with the Government of a single Person and Parliament or with the Militia or with perpetuating of Parliaments or taking away Liberty of Conscience And he told them also that every Member of the House before they sate must take a Recognition of his Power in divers points whereupon of above 400 there appear'd not above 200 at first though afterwards some relenting there sate about 300 again Just at their sitting down he published some Ordinances of his own bearing date before their meeting that they might see he took his own Acts to be as valid as theirs But all this could not make them know themselves for they proceeded 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 Cromwell 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 Excise 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 Commmanders 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 frustrated of his hope of Money at Santo Domingo resolv'd to take from the Royalists the 10th 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 10th 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 heretofore 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 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 questioned would sometimes answer Thou sayest it He had also his Disciples that would go by his Horse side to the mid-leg 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 Souldier and partly to carry 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 Astrologie 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 wayes disadvantageous to the Parliament B. I understand not how the Dreams and Prognostications of mad me● for such I take to be all those that foretel future Contingences 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 the Party that 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 his Petition to the Protector to take upon him the Title or 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 sate presented their Petition to the Protector April the 9th in the Banquetting house at Whitehall where 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 took upon him the Government according to certain Articles contained in the said Petition B. What made him refuse the Title of King A. Because he durst not take it at that time the Army being addicted to their great Officers and among their great Officers many hoping to succeed him and the Succession having been promised to Major General Lambert would have mutinied against him he was therefore forced to stay for a more propitious Conjuncture B. What were those Articles A. The most important of them were first That he would exercise the Office of chief Magistrate of England Scotland and Ireland under the Title of Protector and govern the same according to the said Petition and advice and that he would in his life time name his Successor B. I believe the Scots when they first Rebell'd never thought of being Governed absolutely as they were by Oliver Cromwel A. Secondly That he should call a Parliament every three years at farthest Thirdly That those persons which were legally chosen Members should not be secluded without consent of the House In allowing this Clause the Protector observed not that the secluded Members of this same Parliament are thereby re-admitted Fourthly The Members were qualified Fifthly The Power of the other House was defin'd Sixthly That no Law should be made but by Act of Parliament Seventhly That a constant yearly Revenue of a Million of pounds should be setled for the maintenance of the Army and Navy and 300000 l. for the support of the Government besides other Temporary supplies as the House of Commons should think sit Eighthly That all the Officers of State should be chosen by the Parliament Ninthly That the Protector should encourage the Ministry Lastly That he should cause a profession of Religion to be agreed on and published There are divers others of less importance Having signed the Articles he was presently with great Ceremonies installed a-new B. What needed that seeing he was still but Protector A. But the Articles of this Petition were not all the same with those of his former Instrument for now there was to be another House and whereas before his Council was to name his Successors he had Power now to do it himself so that he was an absolute Monarch and might leave the Succession to his Son if he would and so successively or transfer it to whom he pleas'd The Ceremony being ended the Parliament adjourn'd to the 20th of January following and then the other House also sate with their Fellows The House of Commons being now full took little notice of the other House wherein there were not of 60 persons above nine Lords but fell a questioning all that their Fellows had done during the time of their Seclusion whence had follow'd the avoidance of the Power newly placed in the Protector Therefore going to the house he made a Speech to them ending in these words By the living God I must and do dissolve you In this year the English gave the Spaniard another great Blow at Santa Cruz not much less than that they had given him the year before at Cadiz About the time of the dissolution of this Parliament the Royalists had another Design against the Protector which was to make an Insurrection in England the King being then in Flanders ready to second them from thence with an Army But this also was discover'd by Treachery and came to nothing but the ruine of those that were ingaged in it whereof many in the beginning of the next year were by a High Court of Justice imprison'd and some executed This year also was Major General Lambert put out of all employment a Man second to none but Oliver in the favour of the Army but because he expected by that favour or by promise from the Protector to be his Successor in the Supreme Power it would have been dangerous to let him have Command in the Army the Protector having design'd his Successor his Eldest Son Richard In the year 1658. September the third the Protector died at White-Hall having ever since his last Establishment been perplexed with fear of being kill'd by some desperate attempts of the Royalists Being importun'd in his sickness by his Privy Council to name his Successor he nam'd his Son Richard who incouraged thereunto not by his own Ambition but by Fleetwood Desborough Thurloe and other of his Council was content to take it upon him and presently Addresses were made to him from the Armies in England Scotland and Ireland His first business was the chargeable and splendid Funeral of his Father Thus was Richard Cromwel seated in the Imperial Throne of England Scotland and Ireland Successor to his Father lifted up to it by the Officers of the Army then in Town and congratulated by all the parts of the Army throughout the three Nations scarce any Garrison omitting their particular flattering Addresses to him B. Seeing the Army approv'd of him how came he so soon cast off A. The Army was inconstant he himself irresolute and without any Millitary Glory and though the two principal Officers had a near relation to him yet neither of them
or Ministers or Assemblies that Govern the Church under him or them that have the Soveraign Power B. Some doubts may be raised from this that you now say for if men be to learn their Duty from the sentence which other men shall give concerning the meaning of the Scriptures and not from their own Interpretation I understand not to what end they were Translated into English and every man not only permitted but also exhorted to read them for what could that produce but diversity of Opinion and consequently as man's nature is Disputation breach of Charity Disobedience and at last Rebellion Again since the Scriptures were allowed to be read in English why were not the Translations such as might make all that 's read understood even by mean Capacities Did not the Jews such as could read understand their Law in the Jewish Language as well as we do our Statute Laws in English and as for such places of the Scripture as had nothing of the Nature of a Law it was nothing to the Duty of the Jews whether they were understood or not seeing nothing is punishable but the Transgression of some Law The same question I may ask concerning the New Testament for I believe that those Men to whom the Original Language was natural did understand sufficiently what Commands and Counsels were given them by our Saviour and his Apostles and his immediate Disciples Again how will you answer that question which was put by St. Peter and St. John Acts 4. 1● when b● Ananias the High-Priest and others of the Council of Jerusalem they were forbidden any more to teach in the name of Jesus whether is it right in the sight of God to hearken to you more than unto God A. The Case is not the same Peter and John had seen and daily conversed with our Saviour and by the Miracles he wrote did know he was God and consequently knew certainly 〈◊〉 their Disobedience to the High Priests present command was just Can any Minister now say that he hath immediately from God's own Mouth received a Command to disobey the King or know otherwise than by the Scripture that any Command of the King that hath the form and nature of a Law is against the Law of God which in divers places he directly and evidently Commandeth to obey him in all things The Text you cite doth not tell us that a Minister's Authority rather than a Christian King 's shall decide the questions that arise from the different Interpretations of the Scripture And therefore where the King is head of the Church and by consequence to omit that the Scripture it self was not receieved but by the Authority of Kings and States chief Judge of the Rectitude of all Interpretations of the Scripture to obey the King's Laws and publick Edicts is not to disobey and obey God a Minister ought not to think that his Skill in the Latine Greek or Hebrew Tongues if he have any gives him a priviledge to impose upon all his Fellow-subjects his own sense or what he pretends to be his sense of every obscure place of Scripture nor ought he as often as he hath found some fine Interpretation not before thought on by others to think he had it by inspiration as fine as he thinks it is not false and then all his Stubornness and Contumacy towards the King and his Laws is nothing but Pride of heart and Ambition or else Imposture And whereas you think it needless or perhaps hurtful to have the Scriptures in English I am of another mind There are so many places of Scripture easily to be understood that teach both true Faith and good Morality and that as fully as is necessary to Salvation of which no Seducer is able to dispose the mind of any ordinary Readers that the Reading of them is so profitable as not to be forbidden without great Damage to them and the Commonwealth B. All that is required both in Faith and Manner 's for Man's Salvation is I confess set down in Scripture as plainly as can be Children Obey you● Parents in all things Servants obey your Masters Let all men be subject to the Higher Powers whether it be the King or those that are sent by him Love God with all your Soul and your Neighbour as your self are words of the Scripture which are well enough understood but neither Children nor the greatest part of Men do understand why it is their Duty so to do they see not that the safety of the Commonwealth and consequently their own depends upon the doing of it Every man by Nature without Discipline does in all his Actions look upon as far as he can see the benefit that shall redound to himself by his Obedience he Reads that Covetousness is the Root of all Evil but he thinks and sometimes finds it is the Root of his Estate And so in other Cases the Scripture says one thing and they think another weighing the Commodities or Incommodities of this present Life only which are in their sight never putting into the Scales the Good and Evil of the Life to come which they see not A. All this is no more than happens where the Scripture is sealed up in Greek and Latine and the People taught the same things out of them by Preachers but they that are of a Condition and Age fit to examine the sence of what they read and that take a delight in searching out the Grounds of their Duty certainly cannot chuse but by reading of the Scriptures come to such a sense of their Duty as not only to obey the Laws themselves but also to induce others to do the same for commonly Men of Age and quality are followed by their inferiour Neighbours that look more upon the example of those Men whom they Reverence and whom they are unwilling to displease then upon precepts and Laws B. These men of the condition and Age you speak of are in my opinion the unfittest of all others to be trusted with the reading of the Scriptures I know you mean such as have studied the Greek or Latin or both Tongues and that are withal such as love knowledge and consequently take delight in finding out the meaning of the most hard Texts or in thinking they have found it in case it be new and not found out by others these are therefore they that pretermitting the easiy places that teach them their Duty fall to scanning only the Mysteries of Religion Such as are how it may be made out with wit that there be three that bear Rule in Heaven and those three but one how the Deity could be made flesh how that flesh could be really present in many places at once where 's the place and what the Torments of Hell and other Metaphysical Doctrines whether the Will of Man be free or govern'd by the Will of God whether Sanctity comes by inspiration or Education by whom Christ now speaks to us whether by the King or by the Bible to
every Man that reads it and interprets it to himself or by a private Spirit to every private Man These and the like points are the study of the curious and the cause of all our late mischief and the cause that makes the plainer sort of men whom the Scriptures had taught belief in Christ love towards God obedience towards the King and sobriety of Behaviour forget it all and place their Religion in the Disputable Doctrines of these your wise Men. A. I do not think these men fit to interpret the Scriptures to the rest nor do I say that the rest ought to take their interpretation for the word of God Whatsoever is necessary for them to know more does them no good but in case any of these unnecessary Doctrines shall be Authorized by the Laws of the King or other state I say it is the duty of every Subject not to speak against them in asmuch as 't is every Mans Duty to obey him or them that have the Sovereign power and the wisdom of all such powers to punish such as shall publish or teach their private Interpretations when they are contrary to the Law and likely to incline men to sedition or disputing against the Law B. They must punish then the most of those that have had there breeding in the Universities for such curious questions in Divinity are first started in the Universities and so are all those politick questions concerning the Rights of Civil and Ecclesiastical Government and there they are furnished with arguments for liberty out of the works of Aristotle Plato C●cero Se●ica and 〈◊〉 of the Histories of 〈…〉 for their disputation against the 〈…〉 power of their 〈…〉 therefore I dispare of any 〈…〉 our selves till the 〈…〉 their studies to the 〈…〉 obedience to the Laws of the 〈…〉 to his publick Edicts under the great Seal of England for I make no doubt but that solid reason backt with the Authority of so many learned men will more prevail for the keeping of us in peace within our selves than any victory can do over the Rebells but I am afraid 't is unpossible to bring the Universities to such a compliance with the Actions of state as is necessary for the Business seeing the Universities have heretofore from time to time maintain'd the Authority of the Pope contrary to all Laws Divine Civil and Natural against the Right of our Kings why can they not as well when they have all manner of Laws and Equity on their side maintain the Rights of him that is both sovereign of the Kingdom and Head of the Church B. Why then were they not in all points for the Kings power presently after that King Henry the 8. was in Parliament declared Head of the Church as much as they were before for the Authority of the Pope A. Because the Clergy in the Universities by whom all things there are Govern'd and the Clergy without the Universities as well Bishops as inferiour Clerks did think that the pulling down of the Pope was the setting up of them as to England in his place and made no question the greatest part of them but that their spiritual power did depend not upon the Authority of the King but of Christ himself derived to them by successible Imposition of hands from Bishop to Bishop notwithstanding they knew that this derivation passed through the hands of Popes Bishops whose Authority they had cast off for though they were content that the Divine right which the Pope pretended to in England should be denied him yet they thought it not so fit to be taken from the Church of England whom they now supposed themselves to represent It seems they did not think it reasonable that a Woman or a Child or a Man that could not construe the Hebrew Greek or Latin Bible nor know perhaps the declensions and Conjugations of Greek or Latin Nounes and Verbs should take upon him to govern so many learned Doctors in matters of Religion meaning matters of Divinity for Religion has been for a long time and is now by most people taken for the same thing with Divinity to the great advantage of the Clergie B. And especially now amongst the Presbyterians for I see few that are esteemed by them very good Christians besides such as can repeat their Sermons and wrangle for them about the Interpretation of the Scripture and fight for them also with their Bodies or purses when they shal be required to believe in Christ is nothing with them unless you believe as they bid you Charity is nothing with them unless it be Charity and liberality to them and partaking with them in faction How we can have peace while this is our Religion I cannot tell Haeret Laterilethalis arundo The seditious Doctrine of the Presbyterians hath been stuck so hard in the Peoples heads and memories I cannot say into their hearts for they understood nothing in it but that they may lawfully rebel That I fear the Common-wealth will never be cured A. The 2 Great vertues that were severally in Henry the 7. Henry the 8. When they shall be Joyntly in one King will easily cure it that of Henry the 7 was without much noise of the people to ●ill his Coffers that of Henry the 8 was an early severity but this without the former cannot be exercised B. This that you say looks me thinks like an advice to the King to let them alone till he have gotten ready money enough to levy and maintain a sufficient Army and then to fall on them and destroy them A. God forbid that so horrible Unchirstian and unhuman design should ever enter into the Kings heart I would have him have money enough readily to raise an Army able to suppress any Rebellion and to take from the Enemies all hope of success that they may not dare to trouble him in the Reformation of the Universities but to put none to death without the A●tual committing such crimes as are already made Capital by the Laws the Core of Rebellion as you have seen by this and read of other Rebellions are the Universities which nevertheless are not to be cast away but to be better disciplin'd that is to say that the Politicks there taught be made to be as true poli●icks should be such as are fit to make men know that it is their duty to obey a● Laws whatsoever that shall be by the Authority of the King enacted till by the same Authority they shall be repeal'd su●● as are fit to make Men understand that the Civil Laws are Gods Laws as they that make them to make Men know that the people and the Church are one thing and have but one Head the ●ing and that no Man has Title to Govern under him that has it not from him that the King owes his Crown to God onl● and to no Man Ecclesiastick or other and that the Religion they teach there be a quiet waiting ●or the coming again of our blessed Saviour and
Victory in the War And for this cause notwithstanding that they saw that the Parliament was firmly resolv'd to take all Kingly power whatsoever out of His Hands yet their Council to the King was upon all occasions to offer Propositions to them of Treaty and Accommodation and to make and publish Declarations which any Man might easily have foreseen would be fruitless and not only so but also of great disadvantage to those Actions by which the King was to recover His Crown and preserve His Life for it took off the courage of the best and forwardest of his Soldiers that lookt for great benefit out of the Estates of the Rebels in case they could subdue them but none at all if the business should be ended by a Treaty B. And they had reason for a Civil War never ends by Treaty without the Sacrifice of those who were on both sides the sharpest You know well enough how things past the Reconciliation of Augustus and Antonius in Rome But I thought that after they once began to Levy Soldiers one against another that they would not any more have return'd of either side to Declarations or other Paper War which if it could have done any good would have done it long before this A. But seeing the Parliament continued writing and set forth their Declarations to the People against the Lawfulness of the King's Commission of Array and sent Petitions to the King as fierce and rebellions as ever they had done before demanding of him That he would di●band his Soldiers and come up to the Parliament and leave those whom the Parliament called Delinquents which were none but the King 's best Subjects to their Mercy and pass such Bills as they should advise Him Would you not have the King set forth Declarations and Proclamations against the Illegality of their Ordinances by which they Levied Soldiers against him and answer those insolent Petitions of theirs B. No it had done him no good before and therefore was not likely to do him any afterwards for the Common People whose hands were to decide the Controversie understood not the Reasons of either Party and for those that by Ambition were once set upon the Enterprize of changing the Government they cared not much what was Reason and Justice in the Cause but what Strength they might procure by reducing the multitude with Remonstrances from the Parliament-House or by Sermons in the Churches and to their Petitions I would not have had any answer at all more than this That if they would disband their Army and put themselves upon his Mercy they should find Him more Gracious than they expected A. That had been a gallant answer indeed if it had proceeded from Him after some extraordinary great Victory in Battel or some extraordinary assurance of a Victory at last in the whole War B. Why what could have hapned to Him worse than at length He suffered notwithstanding His gentle answer and all His reasonable Declarations A. Nothing but who knew that B. Any Man might see that He was never like to be restor'd to His Right without Victory and such His Statutes being known to the People would have brought to His assistance many more hands than all the arguments of Law or force of Eloquence couched in Declarations and other Writings could have done by far and I wonder what kind of Men they were that hindered the King from taking this Resolution A. You may know by the Declarations themselves which are very long and full of Quotations of Records and of Cases formerly Reported that the Penners of them were either Lawyers by Profession or such Gentlemen as had the ambition to be thought so Besides I told you before that those which were then likeliest to have their counsel asked in this business were averse to absolute Monarchy as also to absolute Democracy or Aristocracy all which Governments they esteemed Tyranny and were in love with Monarchy which they us'd to praise by the name of mixt Monarchy though it were indeed nothing else but pure Anarchy and those Men whose Pens the King most us'd in these Controversies of Law and Politick were such if I have not been misinformed as having been Members of this Parliament had declaim'd against Ship-money and other Extra-Parliamentary Taxes as much as any but when they saw the Parliament grow higher in their demands than they thought they would have done went over to the King's Party B. Who were those A. It is not necessary to name any Man seeing I have undertaken only a short Narration of the Follies and other Faults of Men during this trouble but not by naming of persons to give you or any man else occasion to esteem them the less now that the Faults on all sides have been forgiven B. When the Business was brought to this heighth by levying of Soldiers and seizing on the Navy Arms and other Provisions on both sides that no Man was so blind as not to see they were in an estate of War one against another why did not the King by Proclamation or Message according to His undoubted Right Dissolve the Parliament and thereby diminish in some part the Authority of their Levies and of other their unjust Ordinances A. You have forgotten that I told you that the King Himself by a Bill that He passed at the same time when He passed the Bill for the Execution for the Earl of Strafford had given them Authority to hold the Parliament till they should by consent of both Houses dissolve themselves If therefore He had by any Proclamation or Message to the Houses dissolv'd them they would to their former De●amations of His Majesties actions have added this That He was a Breaker of His Word and not only in Contempt of Him have continued their Session but also have made advantage of it to the increase and strengthning of their own Party B. Would not the King 's raising of an Army against them be interpreted as a purpose to dissolve them by force And was it not as great a breach of promise to scatter them by force as to dissolve them by Proclamation Besides I cannot conceive that the passing of that Act was otherwise intended than conditionally so long as they should not ordain any thing contrary to the Sovereign Right of the King which condition they had already by many of their Ordinances broken and I think that even by the Law of Equity which is the unalterable Law of Nature a man that has the Sovereign Power cannot if he would give away the right of any thing which is necessary for him to retain for the good Government of his Subjects unless he do it in express words saying That he will have the Sovereign Power no longer for the giving away that which by consequence only draws the Sovereignty along with it is not I think a giving away of the Sovereignty but an error such as work nothing but an invalidity in the Grant it self And such was the King's passing