last said may make up as it were but one King this 500 years the law not admitting an Inter-Regnum from whence I inferre that as it was not the end of our Warre as appears by six or seven Declarations of Parliament one whereof was ordered to be read in all Churches so our providence led not to lay aside either the Name or Office but that Family which oppressed us then all mens lives and liberties depend on this settlement it is necessary then to lay it in the strongest foundation that may be And as for that of safety it is not for me to speak much to it but certainly it is to be hoped that as a Parliament advise your Highnesse to things honest and lawful and by them judged necessary for a good settlement and therein take care and provide for our Rights as men and Christians and your Highness thereunto all dangers by Gods blessing upon your Highness wisdom backed with such an Annuity and an Army under the conduct of so many religious and faithful persons so well principled to the obedience of lawful powers may be prevented And therefore I humbly hope God will incline your Highness to grant the Petition and advice of the Parliament 16. April Sir Richard Onslow The Lord Protectors Objections OBjection That the Title of King is a name of an office and any other name which may imply the supreme Magistrate hath the same signification and therefore no necessity of the name Answer every office ought to have a name adequate to the said office and no other name than King can be suitable and comprehensive enough to contain in it the common good to all intents and purposes It is a Rule that the Kings of England cannot alter the laws of England ratione nominis but is bound to Govern according to the laws of England but for any other name there is no obligation lies upon it That the very Title is necessary was declared in the 9. year of E. 4. when the great controversie was betwixt E. 4. and H. 6. that sometimes one was in possession and then another that it was necessary the Realm should have a King under whom the laws might be maintained and holden for every action done by the King in possession was valid and good for it was his Jurisdiction Royal so likewise the first of H. 7. so 3. the same opinion was held and declared that a King de facto was necessary and in all alterations from persons and families Yet our Ancestors always retained the Title and the Name There is a prius and a primum another name may in order and degree be first that is before other men but it was a King was primum the first name that had its beginning with our laws The Customes of England are the Laws of England as well as our States laws the title of King and custom are two twins born together and have had continuance together and therefore to say Protector of which we know the date with Custom of which no memory can speak is a kind of contradiction to the Original Then there must be a Law introductive because Protector is a new name that our Law doth not yet know Now to ingraft a young Cien upon an old stock it will never grow but there must be an irradication of the old root and a new plantation must be made and that all the old customes must be put into positive laws and that will be a thing consisting of much time and great difficulty The title of King is so incorporated and in conjunction with our Customes which do very much concern the people of England to be upheld and then there is a rule Quaeque res in conjunctione pro bono conjunctionis that ought to be done which is for the good of the conjunction and benefit thereof and if it be for the advantage of the single person and the people it brings me to mind of another rule my old Master Tully taught me Communis utilitatis derclictio contra naturam est it is not natural to decline that which is for a common benefit and utility And therefore I shall say but this as to the title that as the Patriarch Jacob joyned together in his blessing upon Judah the Law-giver and the Scepter so the Parliament of the three Nations desires to preserve the title King in and upon the Law 2. Objection another argument your Highness was pleased to draw from providence that had brought you to this place through much darkness and had seemed to lay this title aside of King Answer it becomes all men to acknowledge the acting of the providence and power of God for bringing to pass whatsoever he hath determined in the world and it is the mighty and wise hand of providence which Triumphs over Nations and Triumphs and treads down all oppositions Yet your Highness observes it is not a rule to walk by without the word the reason the causes are hidden in the secret Counsel of Gods will you may see in the Revelations the Book is Sealed up with seven Seals we may read what is past because it is written on the outside of the Book but what is to come we cannot read and we ought not to limit providence nor can we bound it with a no further 3. Objection this State hath by providence received several thanges to great ones from the former constitution that of the Keepers of the Liberties of England and this present Government under the title of Protector and the first seemed to be the result of 7 years war against the Title and the Family Answer it must be confessed it proved the event of 7. years war but the reasons of the war did not lead to it for the war was for King and Parliament for the office but against the person against the exorbitancy and irregularities in his Government but it was providence that took away at that time both the Office and the Family It was also providence that altered from that of a Republick to this of a Protector that act being as much against Protector as a King for it was against a Single Person And may not by the same series of providence this Parliament as well set up Kingly Government as that Parliament took it away having also the same power they had 4. Objection Another ground why your Highness would not accept of the Title was the dissatisfaction many persons who had been instrumental in carrying on the work have against that title Answer in every change of Government there was and still will be persons unsatisfied because men are of mixt interests and differing in judgement upon the change to a Republick those that conceived the Monarchical Government best were unsatisfied but all ought to submit and be concluded by the judgement of a Parliament Your Highness was pleased to say that neither your self nor those that tendred to you the instrument were authors in the first change but it was the long
do it which is evident by their inserting it amongst these three things which they esteem fundamental as to the settlement yea they have placed at the head of all those fundamentals and laid so great stresses on it that in their humble Petition and advice they declare that if it be not accepted of the whole shall be esteemed null and void so that the highest necessity imposed by a Parliament will have the best acceptance your Highness was pleased to mention that we had recent experiments what the supreme Magistracy of the Nation might be well carried into all effects and purposes under another Name and Title than that of King viz. under the name of Keepers of the liberty of England and under the name of Protector but I shall humbly beseech your Highness to consider that because that was not grounded upon the old known Laws it was of very short duration and the second for the same reason the Parliament is now petitioning and advising your Highness to alter so what is brought as are arguments to prove what your Highness mentions possibly may rather evince the contrary besides Sir it is confession on all hands that these two changes sprung from necessity therefore were not neither ought to be of longer continuance than that necessity which caused them and this is the great and real difference between constitutions that are established meerly because necessary and those that are established meerly because good for what is only of necessity is but temporary as no effect lasts longer than it's cause but what is good in it's own nature is always good and if by intervening accidents it be a while clouded yet at length it shines and overcometh and all wise men do desire to revert unto it To prove that the first of these changes the Keepers of the liberty of England was only an act of necessity and not of choice I need but mind your Highness of what the Masters of the Rolls then spake of the Parliament did even now evert that after the absolution of Kingship the Parliament were necessitated to advise with a Civilian of another Nation what the Hollander had done what they did they were at a loss what to do the providence of God hath so altered the temper of officers between that time and this present that the change appeared best because necessary but the Parliament esteems the change now desired necessary because best nor can we possibly better express our thankfulness for the opportunity which now God hath put into our hands than to employment to make the best and lastingest settlement all things are best which are found best upon tryal but all the changes we have been under of late were upon belief not experiment and having had an essay of all the Parliament have sound that above all Kingship is the best so that by the best judges and by the best way of judging that form of Government now presented to your Highness hath the preceeding in the peoples opinion and therefore is hoped you will have it in yours It may possibly be fit for your Highness observation that the best breach which happened amongst those worthy persons which instrumentally carried on our Common cause arise from the taking away the Title and Office of King so often declared for and engaged to be maintained by the Parliament till then we went hand in hand and took sweet council together and if the abolishing thereof caused so sad a breach probably the restoration of it may make it up again Your Highness was pleased to say you assumed the Office you now bear with no better hope than to prevent mischief questionless we may expect better fruits from the supreme Magistracy and if your Highness who is every way so worthy of that office had no better hopes under the Title Protector we may justly subscribe it not unto your self but unto the constitution of Government you acted under and therefore your Highness do assume the Supreme Magistracy according to the Laws we shall both hope and believe that you will not only prevent ill but do much good the best Governour being grasted upon the best Government Your Highness expressed some doubts that the providence of God hath blasted the Kings office in the dust and that by an act of Parliament was laid aside but I humbly hope your Highness will pardon me if I cannot have the like apprehension I cannot believe if that office were blasted by the hand of God that the Parliament would advise and Petition you to take it up Besides Sir the very act which first cast out the Kingly Office did also cast out the Supreme Magistracy in any single person yea by way of election or otherwise therefore I begg your pardon if I cannot think that act of Parliament can be interpreted as a providential blasting of that office which your Highness thought necessary to accept of and by virtue of which we have for some years past enjoyed quiet and protection So that if Kingship be blasted then Supreme Magistracy in a single person is as much being both equally declared against at the same time and in the same Act of Parliament and that since your Highness by your actingsâ— have evinced you did not believe the Supreme Magistracy in a single person was blasted by providence you will permit us to believe that Kingship is no more blasted than that the same authority and the same act having blemished as far as it could both alike but your Highness is pleased to say Kingship is cast out de facto If the weight of the argument do rest thereon your Highness by accepting the Petition and Advice of the Parliament will make your argument as strong for Kingship as ever it was against it and 't is hoped your Highness will not doubt that what one Supreme authority did suppress another may erect that seemed necessary then in the judgment of them only then they knew not what to do when they had erected Kings and we shall be in the like perplexity if now you accept not of this What the long Parliament did after so long a War must be considered rather as result of providence than the casting out the other The Estate of Parliament must be considered under that notion also and yet I think there is few that esteem it not as fit to refer it again under due qualifications as then 't was esteemed fit not to allow of it under any if also your Highness arguments were carried on as farr as it might be I apprehend it might also bring it in question that the Parliaments were blasted by providence for whoever allows not the dissolving of the long Parliament to be under that notion will hardly find a good reason for its dissolution but it may be answered that it may not cast down in reference to some that acted in it who were suspected to have a design of perpetuating themselves in that authority which would have turned what should have been
Constitution and likewise the ancient Foundation of the Laws of England to be the Basis of the Title of King What Changes of this nature may bring of Inconvenience with them can hardly in every particular be foreseen but it is imagined that many will be that possibly we may not be able beforehand to comprehend but there seems to be more of certainty and stability and of the Supream Authority civil Sanction upon tha Title than upon the other This I humbly apprehend to be one reason concerning both the establishment of the whole and as to that particular which I think is the first part of it your Highness seemed to intimate Master of the Rolls MAy it please your Highness I am very glad that there is such a latitude as we may shew our selves here as I know the Parliament intends to give your Highness all satisfaction as may be and truly I say upon the first head which your Highness is pleased to call a Title as if it were a bare Title which I must humbly crave pardon if I do not think nor the House did not think but it carries more in it of weight than a meer Title for upon due consideration you shall find that the whole body of the Law is carried upon this Wheel it is not a thing that stands on the top meerely but runs through the whole life and veins of the Law you cannot almost make any thing or do any thing look upon all our Laws ever since we had Laws look upon all the Constitution still there is such an interest not of the Title but of the name King besides the Title that 's not the thing for the Title you may rather tye it to the person than the thing but the word King doth signifie the person Now Sir we do see in all the ways of our proceedings in the maintaining of the Rights Properties and Interests of the people and of the Prerogative of the chief Magistrate that the very Office carries on the business and not the Title and yet it must be such a Title too as implies the Office and makes the Office suitable to the Law It 's the Office that doth dignifie the person not the person the Office I shall crave your Highness pardon if I speak any thing amiss we see that the very Office that carries on and not the Person yet that Office must have a suitableness I have observed all along that we have had many Debates that have arisen in this Nation about the thing but the ground and reason why they have adhered to this Title was for the maintenance of their Liberties not for the change of the Office I must confess I do not see that the other Title will do the same thing that other Title hath no further latitude nor extent but the very Instrument it goes no further for the very Instrument is the foundation of it we can finde no further Instrument original we have had those Names heretofore but never grounded upon the thing it self but grounded upon the Office of a King they had no Office or Duty to perform but what was under the Office and Duty of a King 't is very true it is not so now certainly for you have now a Title upon that foundation that is your Instrument and it can reach no further it is a Title that I cannot see I must confess but that we have a good Magistrate and good Officers but it may extend whither it will it hath no limit at all but the Chief Magistrate if he should prove otherwise you have no limit by it by any rule of Law that I understand If you please give me leave to tell you the very Instrument does give a foundation to the Title of Protector I am sure to cross if he please the most Fundamental Points that the Law hath There was a time when a Prince of this Nation a very late time too would change this Name and it was a very slender change for it was but from the King of England to the King of Great Britain and this was presented to the Parliament it had a Debate of many days and it was resolved there and settled that they could not change there was so much hazard in that change they knew not but that all their Rights and Liberties might be thereby altered and when the King saw he could not obtain it of the House he declared by Proclamation that he never intended to take any name upon him that should put a doubt to the Liberties and Priviledges of Parliament and caused this Proclamation to be put among the Statutes I may say it indeed very cunningly to be Printed and put among the Statutes though indeed it was none and because there was a danger he laid it down willingly only saies he your Divines in the Pulpits shall pray for me by the Title King of Great Britain and Ambassadours shall make their Address by that name but your Laws I will not alter the name In the Parliament there was a question Whether we should not alter the name of Parliament and call it The Representative of the People but the whole House went upon this ground that by changing the name of Parliament to a Representative we did not know how it might change the very course ground and reason of Parliament There is a great deal of thing in the very name I remember a very Honourable Person now with God was then very earnest for it for having this name changed and he did shew many Reasons for it but hearing the Debates and Reasons against it he sat down and was satisfied I think I may name him it was my Lord Ireton who did say he was satisfied it was not fit to be done at that time It is a famous Story in every mans mouth heretofore when there was but a little intention to change the Law it was a general Resolution given by the Lords Nolimus Leges Angliae mutare It 's doubted yea conceived not possible to annex the Laws and the Title of Protector together this I must say we come now with an intention of a perfect Settlement such as may give safety to the Nation to your Person to the People for indeed Sir they are very jealous of their Laws and Liberties and have bin in all Ages and though it may not have an intention to do such a thing yet if you have a doubt 't is better and more safe for the Chief Magistrate to keep that which hath no doubt then The Parliament laying their interest and their regard to you together and giving you this advice this is Vox populi for it is the voice of Three Nations in one Parliament Upon publick interest the chief thing is the safety of the people that safety your will your judgment nay give me leave to tell you your Conscience is bound to it for it is the principal end of Government and Governours this is presented to you by Three Nations by the
suffrage you have ever trusted us with all your Votes and we will justifie it but besides we have not done it neither we have but setled it upon the old Foundations then the Kingship however some may pretend a King's Prerogative is so large that we know it not it is not bounded but the Parliament are not of that opinion The Kings Prerogative is known by Law he did expatiate it beyond the duty that 's the evil of the man but in Westminster-Hall the Kings Prerogative was under the Courts of Justice and is bounded as well as any Acre of Land or any thing a man hath as much as any controversie between party and party And therefore the Office being lawful in its nature known to the Nation certain in it self and confined and regulated by the Law and the other Office being not so that was a great ground of the reason why the Parliament did so much insist upon this Office and Title not as circumstantial but as essential yea it is the head from whence all the Nerves and Sinews of the Government do proceed as was well said by the Master of the Rolls If we put a new head it s a question whether those Nerves and Sinews will grow and be nourished and strengthned with that head I had something in my thoughts which I had forgot something of an objection Why are you so pertinacious or insist so much upon this Title you may not apply all the Powers and Authorities unto the Office of Protector and then you will give satisfaction I must needs say he that makes this objection makes it but meerely but a Name If any shall say I am content the Protector shall have the Office but not the Name I think this man is very strait laced then he puts it meerly upon the word and truly if there be no more in it if there be nothing but that word you have in the ballance with it the desires of the Parliament I beseech you do not break with your Parliament for a word Another objection is we have been under the Protector and the Judges have taken their Office under that Government and the Judges have taken their measure by the Authority of the King and have taken it to be the same with that of King and so go on I confess that the Judges have gone very far that way and I may not speak my own opinion of this case in this place but yet it is very well known that there hath been variety of opinions and judgments in this case even from those that have been Judges of the Nation and I do not take the people upon a very good establishment when there shall be no doubtings in those that should be best knowing I would never make a doubt that tends to the shaking of foundations if I should avoid it The taking of this Office will avoid a doubt the continuing of the other Office may be more uncertain I would never make a doubt where it may be dear perhaps the taking of the other would reduce men to satisfaction there is but a perhaps in the one and a certainty in the other 11 Of April Sir Charles Woolesley NOt onely we that are here but many honest hearts in England rejoyce to see this day wherein your Highness and the Parliament are with so much nearness and affection debating the settlement of the Nation One reason why your Highness should take this title offered you by the Parliament is because as you stand in relation to the old Government you are obliged to the Law yet have not the advantage of the Law which the chief Magistrate ought to have The Law knows not a Protector and requires no obedience from the people to him The Parliament desires to settle one so that the people may know your duty to them and they their duty to you The Parliament find the minds of the people of these Nations much set upon this Office and Title God hath by his providence put a general desire of it in the Nation and they think in things not unlawful they ought to hearken and to be much inclined by the desires of them that sent them and in such things as are for their good as this is to be much provoked thereby to the doing of them Truly Sir it hath been much in the thoughts of the Parliament that the reason why things of late have been so unsetled throughout in the Nations hath been because that to the body of this people there hath not been a legal head The well-being of the head is not more necessary to the wholsome constitution of the body natural than a right head is necessary to the body politick I may humbly tell your Highness this Nation hath ever been a lover of Monarchy and of Monarchy under the Title of a King the Name and Office hath for above a thousand years been in this Nation though they have often changed their Princes yet never the Name nor Office 'T is the great Common Law that is the Custome of the Nation approved good by many ages to have the Office and Name of a King no new Law that makes any other can have that validity which the Custom of so many ages hath Sir the Parliament doth judge the safety of your person much concerned to take this Title and 't is not your self they look to though their hearts are full of honour I may say it to your Highness as can be but to you as chief Magistrate representing the people and being head of the Law and all Magistracy the people hath a share and concernment in you We see this hath been the great encouragements of these attempts against your person that the Law did not take notice of you as chief Magistrate and that Juries were generally backward to find any guilty for Treason for attempting against you the Parliament cannot think it fit to have their chief Magistrate in such a condition Your Highness hath been pleased to call your self as when you speak to the Parliament a servant you are so indeed to the people and 't is your greatest honour so to be I hope then Sir you will give the people leave to name their own servant that is a due you cannot you will not certainly deny them their Representatives desire you will serve the People under this Title and were there no other reason therefore it is the best I beseech your Highness consider if you should refuse this Title the Parliament presents you with you do not only deny your self the honour they put upon you but you deny the Nation you deny the people their honour which by right they ought to have 'T is the honour and their just birth-right to have a Supream Magistrate with the Title of a King I know Sir though you can deny your self yet you will not deny the Nation their due when their Representative challenge it from you The Parliament have highly engaged all the good people of this
and respect to the Parliament whose sence in this I may presume to speak that never any persons met their Supream Magistrate with more love duty and honour than the Parliament have met your Highness with in their present and addresses which argument of Love deserves the esteem and force which I doubt not but your Highness will put upon it I am fearful to be too tedious at any time especially at so late an hour and therefore shall speak but short to some things which I remember not to have been mentioned Your Highness was pleased at the last meeting to say that the original Institution of the Title King was by common consent and that the same common consent might institute any other Title and make it as effectual as that of King this must be acknowledged but withal you may be pleased to observe that the Title of King is not only by an original common consent but that consent also proved and confirmed and the Law fitted thereunto and that fitted to the Laws by the experience and industry of many ages and many hundreds of years together whereas any other Title will be only by present common consent without that experience and approbation for that experience which your Highness mentioned to have been of other Titles and the due administration of Justice under them this experience is far short of the other and for the course of Justice we have cause to thank that care which plac'd so Good Judges and Officers over us yet give me leave to say that in private causes between Party and Party and in publick matters in nominal causes it was not easy to find justice to be done by some Jurors and many questions have risen upon the occsion of those new Titles concerning that tender point of good mens satisfaction I think it requires a very great regard from us and I doubt not but those good people will be fully satisfied if they consider the covenants promises and precepts which in the Scriptures are annext to the name of King and although some have alledged that they belong to any chief Magistrate as well as to King yet no man did ever read the Original word translated otherwise than King neither do I find the present Title once mentioned in the holy Text if the present authority be a lawsul authority which I hope none of us will deny surely those good men who are so well principled in godliness will not forget that precept of submission to authority and to be satisfied with that which lawful authority shall ordain Their Rights and Liberties are the same with ours and the Parliament cannot advise any thing for the preservation of the peoples Rights but these good men are included which I hope will be no disatisfaction to them in all the changes which we have seen there hath been a dissatisfaction to some yet still the blessing of God hath gone along through all these changes with those who carried on his interest and the cause being the same the same mercies have been continued and I doubt not but if the intended change or rather restitution be made as I hope it will I doubt not but the same God will continue his blessings to that good old cause wherein we are engaged and that good men receive satisfaction by it Your Highness hath been told that the Title of King is upon the foundation of Law and that a new Title must have a constitution to make the Laws relate unto it and that unto the Laws I shall only add this that a Title by relation is not so certain and safe as a Title upon the old foundation of the Law and that a Title upon a present single constitution as any new Title must be cannot be so firm as a Title both upon the present constitution and upon the old foundation of the Law likewise which the Title of King will be if any inconvenience should ensue upon your acceptance of this Title which the Parliament adviseth your Highness satisfaction will be that they did advise it On the contrary part if inconvenience should arise upon your Highness refusal of this Title which the Parliament hath advised your burden will be the greater And therefore whatsoever may fall out will be better answered by your Highness complying with your Parliament than otherwise This question is not altogether new some instances have been given of the like to which I shall add two or three the Titles of the Kings of England in the Realm of Ireland was Lord of Ireland And the Parliament in the 33. year of Hen. 8. reciting that inconveniences did arise there by reason of that Title did enact that Hen. 8. should assume the Stile and Title of King of Ireland which in the Judgement of this Parliament was preferred before the other In the State of Rome new Titles proved fatal to their liberties Their case was not much unlike ours they were wearied with a civil War and coming to a settlement Cuncta discordiis civilibus fessa nomine principis sub imperium accepit some would not admit the Title Rex to be used but were contented to give the Titles of Caesar perpetuus Dictator Princeps Senator Imperator Non sum Rex sed Caesar came at last to this Voluntas Caesaris pro lege habeatur the Northern people wers more happy amongst themselves a private Gentleman of a noble family took up arms with his Countrey-men against a Tyrant and by the blessing of God rescued their native liberties and rights of their Country from the oppression of that Tyrant This Gentleman had the Title of Marshall given unto him which continued for some years Afterwards their Parliament judging it best to resume the old Title elected this Gentleman to be their King and with him was brought in the liberty of Protestant Religion and the establishment of the civil rights of that people which have continued in a prosperous condition ever since unto this day Sir I shall make no other application but in my prayers to God to direct your Highness and the Parliament as I hope he will to do that which will be most for his honour and the good of his people The Lord Protectors Speech April 26. 1657. I Have as well as I could considered the Arguments used by you the other day to inforce the conclusion that refers to the name and Title that was the Subject matter of the debates and conferences that have been between us I shall not now spend your time nor my own much in â—â—â—â—ating those Arguments and in giving answers to them although indeed I think they are but the same that they were formerly only there were some additional inforcements of those arguments by new instances I think truely after the rate of Debate I may spend your time which I know is very precious and unless I were a satisfied person the time would spinne out and be very unprofitable spent so it would I onely must say a word or two
to that that I think was new What comes from the Parliament in the exercise of the legislative power which this is I understand it to be an exercise of the legâ—slative power and the laws were always formerly past this way and that of Bills was of a newer date I understand that I say but it is said that was is done by the Parliament now and simply hangs upon their legislative seems to be a thing that is ex dâ—nâ— not de jure not a thing that is of so good weight and so strong as what refers from them to the law that is already in being I confess there is some argument in that that is there but if the strength will be as good without it though it comes as a gift from you I mean as a thing that you provide for them or else it will never come at them so in a sense it comes from you it is that that they otherwise come by therefore in a sense it is ex dono for that helps a man to what he cannot otherwise come by he doth on act that is very near a gift and you helping them to it it is in a kind a gâ—ft to them otherwise they could not have it but if you do it simply by your legislative power the question is not what makes this more firm whether the manner of the setling of it or the manner of your doing of it it 's always as great a labour but yet the question lies in the acception of them who are concerned to yield obedience and accept this and therefore if a thing that hath for its root and foundation but your legâ—slative in an act of yours if I may put a but to it I do not do so for I say it is as good a foundation as that other is and if it be as well accepted and that the other be less then truely it is I should think the better and then all that I say is founded upon the law I say all those arguments that are founded in the law are for it because it hath been said it doth agree with the law the law knows the Office the law knows the people knows it and the people are likelier to receive satisfaction that way those have been arguments that have been already and truely I know nothing that I have to adde to them and therefore I say also those arguments may stand as we found them and left them already onely this I think truely as it hath been said to me I am a Person that have done that that never any that were actually King of England refused the advice of the Parliament I confess that runs to all and that may be accounted a very great fault in me and may arise up in Judgement against me another time if my case be not different from any mans that was in the chief command and government of these Nations that ever was before truely I think it is they that have been in and owned to be in the right of the law as inheritours coming to it by birthright or otherwise by the authority of Parliament who yet have had some previous pretence of Title or claim to it I think under favour I deserve less blame than another doth if I cannot so well comply with the Title with the desires of the Parliament in it as others do for they that are in would take it for an injury to be out it truely these arguments are very strong to them why they should not refuse that that is tendred to them by the Parliament but I have dealt plainly with you and I have not complemented with you I have not desired I have no Title to the Government of these Nations but what was taken up in a case of necessity and temporary to supply the present immergency without which we must needs I say we had been all after the rate of the printed book and after the rate of those men that have been taken going into arms if had not been taken it was as visible to me as the day if I had not undertaken it and so it being put upon me I being then Generall as I was Generall by act of Parliament being upon me to take power in my hand after the assembly of men that was called together had been dissolved Really the thing would have issued it self in this Book for as I am informed the Book knows an Authour it was a leading principall Person in that Assembly when now I say I speak in the plainness and simplicity of my heart as before Almighty God I did out of necessity undertake that that no man I think would have undertaken but my self it hath pleased God that I have been instrumental to keep the peace of the Nation to this day and to keep it under a Title that some sayes signifies but a keeping it to anothers use to a better use that may improve it to a better use and this I may say I have not desired the continuance of my power or place either under one Title or other that have I not I say it if the wisdome of the Parliament could find where to place things so as they might save this Nation and the interests of it the interest of the people of God in the first place of those godly honest men for such a Character I reckon them by and live in the fear of God and desire to hold forth the excellency and Christian course in their life and Conversation I reckon that proceeds from faith and looking to the duties towards Christians and to the humanity to men as men and to such liberties and interests as the people of this Nation are of and look upon that as a standing truth of the Gospel and I who lives up to that according to that is a godly man in my apprehension and therefore I say if the wisdom of this Parliament I speak not this vainly nor like a fool but as to God and if the wisdome of this Parliament should have found a way to settle the interests of this Nation upon the foundations of Justice and truth and liberty to the people of God and concernments of men as English men I would have layn at their feet or any bodies feet else that this might have run in such a currant and therefore I say I have no pretentions to things for my self or to ask this or that or to avoid this or that I know the censures of the world may quickly pass upon me but I thank God I know not where to lay the weight that is laid upon me I mean the weight of reproach and contempt and scorn that hath been cast upon me I have not offered you any name in competition with Kingship I know the evil spirits of men may easily obtrude upon a man that he would have a name that the law knows not and that is boundless and is that under which a man exercises more arbitrariness but I know there is nothing in that
way to govern is to have men successive and in such great bodies as Parliaments to have men to learn to know how to obey as well as to govern and truely the best expediment that we had then was that I tell you the truth of it is this did not satisfie a company of poor men that had thought they had returuned their lives and had some thoughts that they had a little interest to enquire after these things and the rather because really they were invited out upon principles of honesty conscience and religion for spiritual liberties as many as would come where the cause was a little doubtful there was a declaration that was very inviting and men did come in upon that invitation and did thereby think themselves not to be mercenary men but men that had Wives and Children in the Nation and therefore might a little look after a satissaction in what would be the issue of the business and when this thing was thus preâ—t and it may be over prest that a period might be put and that that might be assertained and a time fixt why truely then the extremity ran another way this is very true that I tell you though it shame me I do not say it shames all that were of the House for I know all were not of that mind why truely when this was urged then another extremity what was that why truely then it was seeing a Parl ament might not be perpetual the the Parliament might always be sitting and to that end there was a Bill framed that Parliaments might always be sitting that as soon as one Parliament went out of their place another might leap in and when we saw this truly we thought we did but make a change in pretence and did not remedy the thing and the upon that was pursued with that great heat I dare say there was more progress in it in a month then was with the like business in four to hasten it to an issue that such a Parliament might be brought in and would bring the state of the Nation into a continual sitting of Parliaments we did think who are plain men and I think it still that that hath been according to the foolish proverb out of the frying pan into the fire for looking at the Government they would then have it was Commonwealths Government why we should have had fine work then we should have had a Council of State and a Parliament of 400 men executing arbitrary Government without intermission saving of one Company one Parliament stepping into the seat of another while they left them warm the same day that one left the other was to leap in truly I did think and I do think however some are very much enamoured with that kind of Government why it was no more but this that Committees of Parliament should take upon them and being in stead of the Courts at Westminster perhaps some will think there had been no hurt in that arbitrariness in Committees where a man can neither come to prove nor defend nor to know his Judges because there are one sort of men that judge him to day and another soâ—t of men to morrow this should have been the Law of England and this should have been the way of judging this Nation and truly I thought that that was an iâ—l way of judging for I may say to you with truth to â—hat after it pleased God your poor Army those poor contemptible men came up hither it was so an outery here in this place to see a cause here determined and judged and Committees erected to fetch men from the extreamest parts of the Nation to London to attend Commâ—â—tees to determine all things and without any manner of satisfaction whether a man travel never so right or wrong he must come and he must go back again as wise as he came this truly was the case and our condition and truly I must needs say take all in that was in the practices I am sorry to tell the story of it though there was indeed some necessity of the business a necessity of some Committees to look to indemnity but no necessity of Committees instead of Courts of Justice but it was so and this was the case of the People of England at that time and that the Parliament assuming to it self the authority of the three Estates that were before it was so assuming that authority and if any man would have come and said what are the rules you judge by Why we have none but we are supream in legislature and in judicature this was the state of the case I thought we thought I think so still that this was a pityful remedy and it will be so while and when soever a legislture is perpetually exercised when the legislative and executive powers are always the same and truly I think the legislature would be almost as well in the sour Curts of Westminster Hall and if they could make laws and judges too you would have excellent laws and the lawyers would be able to give excellent counsel and so it was then this was our condâ—tion without scruple and doubt and I shall say no more to it but truly it was offered then truly and honestly and desire and begg that we might have a settlement and that now is here that is proposed a settlement it was desired then it was offered desired that the Parliament would be pleased either of their own number or any else to chuse a certain number of men to settle the Nation this is unsettlement this in confusion for give me leave if any body now have the face to say and I would die upon this if any man in England have the impudence or the face to say that the exceptions of the Parliament was the sear of their hasty throwing of the liberties of the people of God and the Nation into a bare representative of the people which was then the busines we opposed if any man have the face to say it now that did then or I will say more ought then to judge it had been a confounding of the whole cause that we had fought for which was I would look upon that mans face I would be glad to see such a man I do not say there is any such here but if any such should come to me see if I would not look upon him and tell him he is an hypocrite I dare say it and I dare to die for it knowing the Spirit that hath been in some men to me they come and tell me they do not like my being Protector Why do you not Why because you will exercise arbitrary Government why what would you have me to do Pray turn Gentlemen all again and we will like you exceeding well I was a child in its swadling clouts I cannot transgress by the Government I cannot do nothing but in ordination with the Council they feared arbitrary Government by me upon that account but if returned to
be General then they were not affraid of Arbitrary Government such as these are such hypocrisies as these are should they enter into the heart of any man that hath any truth or honesty in him and truely that is our case and finding our case to be thus we did press the Parliament as I told you that they would be pleased to select some worthy persons that had loved this cause and the Liberties of England and the interest of it and we told them we could acquiesce and lie at their feet but to be thrown into Parliaments that should sit perpetually though but for three years they had the experience of The experience of which many remain to this day to give satisfaction to honest and sober men why truly we thought it might satâ—sfie but it did not and thereupon we did think that it was the greatest of dangers to be overwhelmed and brought under a slavery by our own consent and iniquity to become a law and there was our ground we acted upon at that time and truly they had perfected the Bill for perpetuating of Parliaments to the last clause and were resolved to pass it as a Bill in paper rather than comply with any expedient if your own experience add any thing to you in this in this point whether or no in cases civil and criminal if a Parliament should assume an absolute power without any controul to determine the interests of men in property liberty whether or no this be desirable in a Nation if you have any sence as I believe you have you have more then I have I believe you will take it for a mercy that that did not befall England at that time and that 's all I will say of it truly I will now come and tell you a story of my own weakness and folly and yet it was done in my simplicity I dare avow it was and though some of my companions and truly this is a story that would not be recorded a story that would not be told but when good use may be made of it I say it was thought then that men of our judgment that had fought in the Wars and were all of a piece upon that account why surely these men will hit it and them Men will do it to the purpose whatever can be desired truly we did think and I did think so the more to blâ—me of and such a Company of Men were chose and did proceed in action and truly this was the naked truth that the issue was not answerable to the simplicity and honesty of the design what the issue of that meeting would have been and was feared upon which the sober Men of that meeting did withdraw and came and returned my Power as far as they could they did actually the greater part of them into my own hands professing and believing that the issue of that meeting would have been the subversiâ—n of your Laws and of all the Liberties of this Nation the destruction of the Ministers of this Nation In a word the confusion of all things and instead of order to set up the judicial law of Moses in abrogation of all our Administrations to have been administred the Judicial Law of Moses pro hic nunc according to the wisdom of any man that would have interpreted the Text this way or that way and if you do not believe that they were sent home by the major part who were judicious and sober and learned the worst upon this account and with my consent also à parte post you will believe nothing for the persons that lead in the meeting where Mr. Feake and his meeting in Black fryars Major General Harâ—â—son and those that associated with him at one Mr. Squibbs House and there were all the resolutions taken that were acted in that House day by day and this was so de facto I know it to be true and that this must be the product of it I do but appeal to that Book I told you of the other day that all Magistracy and Ministery is Antichristian and therefore all these things ought to be abolished which we are certain must have been the issue of that meeting so that you have been delivered if I think right from two evilâ— the one evil a secular evil that would have swallowed up all religious and civil interest and made us under the â—orridest arbitrariness that ever was exercised in the â—â—rld that we might have had five or six hundred sâ—â—â—ds with their friends to have had a judgment of a 〈◊〉 and to have judged without a rule thinking that the power that swallowed up all the other lawful powers in the Nation hath all the power that ever they had both a legislative and judiciarie I say that which swallows both the civil and religious interest And the other meerly under a spiritual interest had swallowed up again in another extream all our civil and religious interest and had made our ministrie and all the things we are beholding to God for truly we think we ought to value this interest above all interests in the world but if this latter had not been as sure destroyed as the former I understand nothing and having told you these two things truly I must needs say it makes me in love with this Paper and with all things in it and with these additions that I have to tender to you and with settlement above all things in the world except that where I left you the last time and for that I think we have debated I have heard your mind and you have heard mine I have told you my heart and my judgment and the Lord bring forth his own issue I think we are now to consider not what we are on the foot and of the Government that called this Parliament which till there be an end put to it is that that hath existence and I shall say nothing to that if that accomplisheth the end of our fighting and all those blessed and good ends that we should aim at if it do I would we might have that and remain where we are if it doth not I would we might have that which is better which truly I now come out of my self to tell you that as to the substance and body of your instrument I do look upon it as having things in it if I may speak freely and plainly I may and we all may I say the things that are provided for in this Government have the Liberties of the people of God so as they never had it and he must be a pitiful man that thinks the people of God ever had that Liberty either de facto or de jure that is to say de jure from God I think they have had it from the beginning of the World to this day and have it still but asserted by a jus humanum I say they never had it so as they have it now and I think you have provided for the Liberty of the
Three Nations both for Spiritual and Civil Liberties If there was a proper time to make David King when they Covenanted with him at Hebron it is now a proper time for you to accept this Title when the Parliament hath brought this with a Covenant for the Three Nations that relates both to their civil and Spiritual Liberties Lord Broghill SIR I can add so little to what hath been already spoken that were it not in obedience to command I should with much more satisfaction be silent then now speak but being under an obligation I may not violate I shall in obedience thereof presume to lay my poor thoughts before you but first I shall take the boldness to say I believe it is a thing impossible for any to particularize every individual reason which invites a Parliament to pass any Vote for the Parliament is a body consisting of many Members and all of them relish those arguments and reasonings which are most consonant to every mans apprehension in which there is so great variety that though when a Vote is past we may conclude that Vote is the sense of the House yet we cannot say that these and none but these reasons produced that result I onely mention this Sir that whatever I shall speak may be considered by you but as my poor apprehension what in some degree might have contributed to move the Parliament to petition and advise your Highness to assume the Title and Office of King for it would be too high a presumption in any Member especially in me above any to dare aver that what I should now say did only invite the Parliament to give your Highness that Counsel having thus humbly premised what I held my self obliged unto in duty I shall now proceed to acquaint you what in my weak judgment did in some measure move the Parliament to do what they have done First I humbly conceive that the Title of King is that which the Law takes notice of as the Title of Supream Magistrate and no other and that the old foundations that are good are better than any new ones though equally good in their own nature what is confirmed by time and experience carries along with it the best Trial and the most satisfactory stamp and authority Secondly It was considered too that it was much better that the Supreme Magistrate should be fitted to the Laws that are in being than that those Laws should be fitted unto him Thirdly The people legally assembled in Parliament having considered of what Title was best for the supreme Magistrate did after a solemn debate thereof pitch upon that of King it being that by which the people knew their duty to him and he the duty of his Office towards them and both by old and known Laws Fourthly There is hardly any who own Government at all in these Nations but think themselves obliged to obey the old Laws or those which your Highness and the Parliament shall enact So that if the Supream Magistrate of these Three Nations be intituled King all those who reverence the old Laws will obediently and chearfully accept of him as that which is setled upon the establishment they own and all that own this present authority will do the like because grafted by it by which none can rest unsatisfied that think it a duty to obey former Authorities or the present Fifthly The former Authorities know no Supream Magistrate but by the Title of King and this present Authority desires to know him by no other which if refused might it not too much heighten our enemies who may boulster up their faint hopes with saying to one another and to those which assist them that their chief is not onely under that Title which all past Parliaments have approved but under that Title which even this Parliament does approve likewise and that your head is not known by the former Laws and has refused to be known by that application which even the Parliament that he himself hath called doth desire to know him by Sixthly By your Highness bearing the Title of King all those that obey and serve you are secured by a Law made long before any of our differences had a being in the 11th Hen. 7. where a full provision is made for the safety of those that shall serve who ever is King 't is by that Law that hitherto our enemies have pleaded indemnity and by your assuming what is now desired that Law which hitherto they pretended for their disobedience tyes them even by their own profession and principles to obedience and I hope taking off all pretences from so numerous a party may not be a thing unworthy consideration That the Law seems very rational for it doth not provide for any particular family or person but for the peace and safety of the people by obeying whoever is in that Office and bears that Title The end of all Government is to give the people justice and safety and the best means to obtain that end is to settle a Supream Magistrate it would therefore seem very irrational that the people having obtained the end should decline that end onely to follow the means which is but conducing to that end so that if the Title and Office of King be vested in your Highness and that thereby the people enjoy their rights and peace it would be little less than madness for any of them to cast off those blessings onely in order to obtain the same end under another person Seventhly there is at present but a divorce between the pretending King and Imperial Crown of these Nations and we know that persons divorc'd may marry again but if the person be married to another it cuts off all hope These may be some of those reasons which invited the Parliament to make that desire and give that advice to your Highness of assuming the Title of King There is another and a very strong one which is that now they have actually given you that advice and the advices of the Parliaments are things which always ought and therefore I am confident will carry with them very great force and Authority nor doth this advice come singly but accompanied with many other excellent things in reference to our civil and spiritual Liberties which your Highness hath born a just and signal testimony to It is also a Parliament who have given unquestionable proofs of their affection to your Highness and who if listned to in this particular will be thereby encouraged to give you more Lord Protector I Have very little to say to you at this time I confess I shall never be willing to deny or defer those things that come from the Parliament to the Supream Magistrate if they come in the bare and naked Authority of such an Assembly as known by that name and are really the representation of so many people as a Parliament of England Scotland and Ireland is I say it ought to have its weight and it hath so and ever will have
with me In all things a man is free in to answer desires as coming from Parliaments I may say that but in as much as the Parliament hath been pleased to condescend to me so far to do me this honour a very great one added to the rest to give me the advantage of so many members of theirs so able so understanding the grounds of things It is I say a very singular honour and favour to to me and I confess I wish I may and I hope I shall do that becomes an honest man to do in giving an answer to these things according to the desire that either I have or God shall give me or I may be helped by reasoning with you into and I did not indeed in vain alledge Conscience to the first answer I gave but I must say I must be a very unworthy person to receive such favour if I should prevaricate when I said things did stick upon my Conscience which I must still say they do onely I must say I am in the best way that I can be for information I shall gladly receive it Here hath been divers things spoken by you to day with a great deal of judgment and ability and knowledge and I think the things or the arguments or reasonings that have been used have been upon these three accompts to speak to the thing simply or in the abstract notion of the Title and the positive reasons upon which it stands and then comparatively both in the thing and in the foundation of it which what it is to shew the goodness of it comparatively It is alledged to be so much better than what is and that is so much short of doing the work that this will do and thirdly some things have been said by way of precaution upon Arguments that are little from the thing in the nature of it but are considerations from the Temper of the people of the Nation what will gratifie them which is surely considerable as a lso by way of anticipation of me in my answer by speaking to some objections that others have made against this thing These are things in themselves each of them considerable to answer to objections I know it is a very weighty thing and to make objections is very easie and that will fall to my part and I am sure I shall if I make them to men that know so well how to answer them because they have in part received them from others upon the debates already had but upon the whole matter I having as well as I could taken these things that have been spoken which truely are to be acknowledged by me to be very learnedly spoken I hope therefore you will give me a little time to consider of them when it may be your best time for me to return to you to meet you again I shall leave that to your consideration Lord Whitlock Your Highness will be pleased to appoint your own time Lord Protector On Munday at Nine of the clock I will be ready to wait upon you His Highness Answer at the Conference at the Committee at Whitehal April 13. 1657. My Lord I Think I have a very hard task upon my head though it be but to give an account of my self yet I see I am beset on all hands here I say but to give an account of my self but it is in a business that is very comprehensive of others in some sence to us and as the Parliament have been pleased to make it all the interests of these three Nations I confess I consider two things first to return some very answer to the things that were so ably and well said the other day on behalf of the Parliaments putting that Title in the Instrument of settlement I hope it will not be expected that I should answer to every thing that was then said because I suppose the main things that were spoken were arguments from antient Constitutions and settlement by the Laws of which I am sure I could never be well skill'd and therefore must ask the more pardon in what I have transgressed in my practice or shall now transgress through my ignorance of them in my answer to you Your Arguments which I say were chiefly upon the Law seems to carry with them a great deal of necessary conclusion to inforce that one thing of Kingship and if your argument come upon me to inforce upon the ground of necessity why then I have no room to answer for what must be must be and therefore I did reckon it much of my business to consider whether there were such a necessity or would arise such a necessity from those arguments It was said that Kingship is not a Title but an Office so interwoven with the Fundamental Laws of this Nation as if they could not or well could not be executed and exercised without partly if I may say so upon a supposed ignorance of the Law that it hath of any other Title it knows no other neither doth any other know it the reciprocation is said this Title or Name or Office as you please to say is understood in the dimensions of it in the power and prerogatives of it which are by the Law made certain and the Law can tell when it keeps within compass and when it exceeds its limits and the Law knowing this the people can know it also and people do love what they know and it will noither be pro salute populi nor for our safety to obtrude upon them names that they do not nor cannot understand It is said also that the people have been always by their Representatives in Parliament willing to vary names for as much as hath been said before they love settlement And there were two good instances given of that the one in King James his time about his desire to alter somewhat of the Title and another in the long Parliament wherein they being otherwise rationally moved to admit of the word Representative instead of Parliament they refused it for the same reason It hath been said also that the holding to this word doth strengthen the settlement because it doth not any thing de novo but resolves things in their old currant It is said it is the security of the chief Magistrate and that it secures all that act under him truly these are the principles of those grounds that were offered the last day so far as I do recollect I cannot take upon me to refel those grounds for they are so strong and rational but if I shall be able to make any answer to them I must not grant that they are necessarily concluding but take them only as arguments that they have perhaps much of conveniency and probability towards concluding for if a remedy or expedient may be found that they are not necessary they are not inevitable grounds and if not necessary and concluding why then they will hang upon the reason of expediency or conveniency and if so I shall have a little liberty