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 questioned by the King II. That no Precedent can be Limits to bound their Proceedings III. That a Parliament for the Public 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 Public 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 he first brought before the Paliament that they may judge of the Fact and give leave to proceed if they see Cause V. That the Sovereign Power resides in both Houses 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 Politic 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 promiâ—tes per te eas esse protegendas ad honorem Dei corroborandas quas Vulgus elegerit Which the Parliament urged for their Legislative Authority and therefore interpret quas Vulgus elegerit which the People shall choose as if the King should swear to protect and corroborate Laws before they were made whether they be Good or Bad whereas the words signifie no more but that he shall protect and corroborate such Laws as they have chosen that is to say the Acts of Parliament then in being And in the Records of the Exchequer it is thus Will yea grant to hold and keep the Laws and rightful Customs which the Commonalty of this your Kingdom have And will you defend and uphold them c And this was the Answer His Majesty made to that Point B. I think His Answer very full and clear but if the words were to be interpreted in the other sence yet I see no reason why the King should be bound to swear to them for Henry IV. came to the Crown by the Votes of a Parliament not much inferior in wickedness to this Long Parliament that Deposed and Murdered their Lawful King saving that it was not the Parliament it self but the Usurper that murdered King Richard II. A. About a week after in the beginning of May the Parliament sent the King another Paper which they stil'd The Humble Petition and Advice of both Houses Containing Nineteen Propositions which when you shall hear you shall be able to judge what Power they meant to leave to the King more than to any of His Subjects The first of them is this I. That the Lords and other of His Majesties Privy Council and all great Officers of State both at home and abroad be put from their Imployments and from his Council save only such as should be approved of by both Houses of Parliament and none put into their places but by approbation of the said Houses And that all Privy Counsellors take an Oath for the due Execution of their places in such form as shall be agreed upon by the said Houses II. That the great Affairs of the Kingdom be Debated Resolv'd and Transacted only in Parliament and such as shall presume to do any thing to the contrary to be reserved to the Censure of the Parliament and such other Matters of State as are proper for His Majesties Privy Council shall be Debated and Concluded by such as shall from time to time be chosen for that place by both Houses of Parliament And that no Publick Act concerning the Affairs of the Kingdom which are proper for his Privy Council be esteemed valid as proceeding from the Royal Authority unless it be done by the Advice and Consent of the Major part of the Council attested under their Hands and that the Council be not more than 25 nor less than 15 and that when a Counsellors place falls it shall not be supplied without the assent of the Major part of the Council and that such choice also shall be void if the next Parliament after confirm it not III. That the Lord High Steward of England Lord High Constable Lord Chancellor or Lord Keeper of the Great Seal Lord Treasurer Lord Privy Seal Earl Marshal Lord Admiral Warden of the Cinque Ports chief Governor of Ireland Chancellor of the Exchequer Master of the Wards Secretaries of State Two Chief Justices and Chief Baron be always chosen with the Approbation of both Houses of Parliament and in the Intervals of Parliament by the Major part of the Privy Council IV. That the Government of the King's Children shall he committed to such as both Houses shall approve of and in the Intervals of Parliament such as the Privy Council shall approve of that the Servants then about them against whom the Houses have just exception should be remov'd V. That no Marriage be concluded or treated of for any of the King's Children without consent of Parliament VI. That the Laws in force against the Jesuits Priests and Popish Recusants be strictly put in execution VII That the Votes of Popish Lords in the House of Peers be taken away and that a Bill be passed for the Education of the Children of Papists in the Protestant Religion VIII That the King will be pleas'd to reform the Church-Government and Liturgy in such manner as both Houses of Parliament shall advise IX That he would be pleased to rest satisfied with that course the Lords and Commons have appointed for ordering the Militia and recall his Declarations and Proclamations against it X. That such Members as have been put out of any Place or Office since this Parliament began may be restor'd or have satisfaction XI That all Privy Counsellors and Judges take an Oath the Form whereof shall be agreed on and setled by Act of Parliament for the maintaining the Petition of Right and of certain Statutes made by the Parliament XII That all the Judges and Officers placed by Approbation of both Houses of Parliament may hold their places quamdiu benè se gesserint XIII That the Justice of Parliament may pass upon all Delinquents whether they be within the Kingdom or fled out of it
have heard publickly and so both parties 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 or 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 valour 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 Employment 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 a foolish Superstition to hope that God has entailed Success in War upon a Nation 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 Counsellors they could not otherwise obtain their right but the truth is they were otherwise animated to it by the Democratical and Presbyterian English with a promise of reward and hope of Plunder Some have said that Duke Hamilton also did rather encourage them to than deter them from the Expedition as hoping by the disorder of the two Kingdoms to bring to pass that which he had been formerly accused of to endeavour to make himself King of Scotland but I take this to have been a very uncharitable Censure upon so little ground to judge so uncharitably of a man that afterwards lost his life in seeking to procure the liberty of the King his Master This resolution of the Scots to enter into England being known the King wanting Money to raise an Army against them was now as his Enemies here wished constrained to call a Parliamene to meet at Westminster the 13. of April 1640. B. Me-thinks a Parliament of England if upon any occasion should furnish the King with Money now in a War against the Scots out of an inveterate disaffection to that Nation that had always taken part with their Enemies the French and which always esteemed the Glory of England an abatement of their own A. 'T is indeed commonly seen that Neighbour-Nations envy one anothers Honour and that the less potent bears the greater malice but that hinders them not from agreeing in those things which their common ambition leads them to And therefore the King found for the War but the less help from this Parliament and most of the Members thereof in their ordinary discourses seemed to wonder why the King should make a War upon Scotland and in that Parliament sometime called them their Brethren the Scots but instead of taking the King's business which was the raising of Money into their consideration they fell upon the redressing of Grievances and especially such way of levying Money as in the last intermission of Paâ—liament the King had been forced to use such as were Ship-Money Knighâ—hood and such other Vails as one may call them of the Regal Office which Lawyers had found justifiable by the antâ—ent Records of the Kingdom Besides they fell upon the actions of divers Ministers of State though done by the Kings own Command and Warrant insomuch that before they were called the Money which was necessary for this War if they had given Money as they never meant to do had come too late It is true there was mention of a sum of Money to be given the King by way of bargain for relinquishing his right to Ship-money and some other of his Prerogatives but so seldom and without determining any Sum that it was in vain for the King to hope for any success and therefore on the Fifth of May following he dissolved them B. Where then had the King Money to raise and pay his Army A. He was forced the second time to make use of the Nobility and Gentry who contributed some more some less according to the greatness of their Estates but amongst them all they made up a very sufficient Army B. It seems then that the same men that crossed his business in the Parliament now out of Parliament advanced it all they could what was the reason of that A. The greatest part of the Lords in Parliament and the Gentry throughout England were more affected to Monarchy than to a Popular Government but so as not to endure to hear of the King 's absolute Power which made them in time of Parliament easily to condescend to abridge it and bring the Government to mixt Monarchy as they called it wherein the absolute Sovereignty should be divided between the King the House of Lords and the House of Commons B. But how if they cannot agree A. I think they never thought of that but I am sure they never meant the Sovereignty should be wholly either in one or both Houses besides they were loth to desert the King when he was invaded by Foreigners for the Scots were esteemed by them as a Foreign Nation B. It is strange to me that England and Scotland being but one Island and their Language almost the same and being governed by one King should be thought Foreigners to one another The Romans were Masters of many Nations and to oblige them the more to obey the Edicts of the Law sent unto them by the City of Rome they thought fit to make them all Romans and out of divers Nations as Spain Germany Italy and France to advance some that they thought worthy even to be Senators of Rome and to give every one of the common People the priviledge of the City of Rome by which they were protected from the contumelies of other Nations where they resided Why were not the Scotch and English in like manner united into one People A. King James at
prospered When these three came through London it was a kind of Triumph the People flocking together to behold them and receiving them with such Acclamations and almost Adoration as if they had been let down from Heaven Insomuch that the Parliament was now sufficiently assured of a great and tumultuous Party whensoever they should have occasion to use it on confidence whereof they proceeded to their next Plot which was to deprive the King of such Ministers as by their Courage Wisdom and Authority they thought most able to prevent or oppose their further Designs against the King And first the House of Commons resolv'd to impeach the Earl of Strafford Lord Lieutenant of Ireland of High-Treason B. What was that Earl of Strafford before he had that Place And how had he offended the Parliament or given them cause to think he would be their Enemy For I have heard that in former Parliaments he had been as Parliamentary as any other A. His Name was Sir Thomas Wentworth a Gentleman both for Birth and Estate very considerable in his own Country which was Yorkshire but more considerable for his Judgement in the Publick Affairs not only of that Country but generally of the Kingdom either as Burgess for some Borrough or Knight of the Shire For his Principles of Politicks they were the same that were generally proceeded upon by all Men else that are thought sit to be chosen for the Parliament which are commonly these To take for the Rule of Justice and the Government the Judgements and Acts of former Parliaments which are commonly called Precedents to endeavour to keep the People from being subject to Extra-Parliamentary Taxes of money and from being with Parliamentary Taxes too much oppressed to preserve to the People their Liberty of Body from their Arbitrary Power of the King out of Paâ—liament to seek Redress of Grievances B. What Grievances A. The Grievances were commonly such as these The King 's too much Liberality to some Favourite the too much Power of any Minister of State of Officer the Mâ—sdemeanours of Judges Civil or Spiritual but especially all Unparliamentary raising of Money upon the Subjects And commonly of late till such Grievances be redressed they refuse or at least make great difficulty to furnish the King with Money necessary for the most urgent occasions of the Commonwealth B. How then can a King discharge his Duty as he ought to do or the Subject know which of his Masters he is to obey For here are manifestly two Powers which when they chance to differ cannot both be obeyed A. 'T is true but they have not often differed so much to the danger of the Commonwealth as they have done in this Parliament of 1640. In all the Parliaments of the late King Charles before the year 1640. my Lord of Strafford did appear in opposition to the King's Demands as much as any man and was for that Cause very much esteemed and cryed up by the People as a good Patriot and one that couragiously stood up in defence of their Liberties and for the same cause was so much the more hated when afterwards he endeavoured to maintain the Royal and Just Authority of his Majesty B. How came he to change his mind so much as it seems he did A. After the Dissolution of that Parliament holden in the year 1627 and 1628 the King finding no Money to be gotten from Parliaments which he was not to buy with the Bloud of such Servants and Ministers as he loved best abstained a long time from calling any more and had abstained longer if the Rebellion of the Scotch had not forced him to it During that Parliament the King made Sir Thomas Wentworth a Baron recommended to him for his great ability which was generally taken notice of by the disservice he had done the King in former Parliaments but which might be useful also for him in the times that came on and not long after that he made him of the Council and again Lieutenant of Ireland which place he discharged with great satisfaction and benefit to his Majesty and continued in that Office till by the Envy and Violence of the Lords and Commons of that unlucky Parliament of 1640. he died in which year he was made General of the King's Forces against the Scotch that then entred into England and the year before Earl of Strafford The Pacification being made and the Forces on both sides Disbanded and the Parliament at Westminster now Sitting it was not long before the House of Commons accused him to the House of Lords of High-Treason B. There was no great probability of his being a Traitor to the King from whose favour he had received his greatness and from whose protection he was to expect his safety What was the Treason they laid to his Charge A. Many Articles were drawn up against him but the sum of them was contained in these two First That he had traiterously endeavour'd to subvert the Fundamental Laws and Government of the Realm and instead thereof to introduce an Arbitrary and Tyrannical Government against Law Secondly That he had laboured to subvert the Rights of Parliaments and the ancient course of Parliamentary Proceedings B. Was this done by him without the knowledge of the King A. No. B. Why then if it were Treason did not the King himself call him in question by his Attorney What had the House of Commons to do without his Command to accuse him to the House of Lords They might have complain'd to the King if he had not known it before I understand not this Law A. Nor I. B. Had this been by any former Statutes made Treason A. Not that I ever heard of nor do I understand that any thing can be Treason against the King that the King hearing and knowing does not think Treason But it was a piece of that Parliaments Artifice to put the word Traiterously to any Article exhibited against a Man whose life they meant to take away B. Was there no particular Instance of action or words out of which they argued that endeavour of his to subvert the fundamental Laws of Parliament whereof they accused him A. Yes they said he gave the King counsel to reduce the Parliament to their duty by the Irish Army which not long before my Lord of Strafford himself had caused to be levied there for the King's service but it was never proved against him that he advised the King to make use of it against the Parliament B. What are those Laws that are called fundamental for I understand not how one Law can be more fundamental than another except only that Law of Nature that binds us all to obey him whosoever he be whom lawfully and for our own safety we have promised to obey nor any other fundamental Law to a King but Salus Populi The safety and well being of the people A. This Parliament in the use of these words when they accused any Man never regarded the signification of
taken and not long after sent to London but Cromwel marched to Edenburrough and there by the help of the Faction which was contrary to Hamilton's he made sure not to be hindred in his Designs the first whereof was to take away the King's life by the hand of the Parliament whilest these things passed in the North the Parliament Cromwel being away came to it self and recalling their Vote of Non-Addresses sent to the King new Propositions somewhat but not much easier than the former and upon the King's Answer to them they sent Commissioners to treat with him at Neaport in the Isle of Wight where they so long dodged with him about Trisles that Cromwel was come to London before they had done to the Kings destruction for the Army was now wholly at the Devotion of Cromwel who set the Adjutators on work to make a Remonstrance to the House of Commons wherein they require 1. That the King be brought to Justice 2. That the Prince and Duke of York be summon'd to appear at a day appointed and proceeded with according as they should give satisfaction 3. That the Parliament settle the future Government and set a reasonable period to their own sitting and make certain future Parliaments Annual or Biennial 4. That a competent number of the Kings chief Instruments be executed and this to be done both by the House of Commons and by a General agreement of the people testified by their Subscriptions Nor did they stay for an Answer but presently set a Guard of Soldiers at the Parliament House Door and other Soldiers in Westminster-Hast suffering none to go into the House but such as would serve their turns all others were frighted away or made Prisoners and some upon divers Quarrels suspended About ninety of them because they had refused to vote against the Scots and others because they had voted against the Vote of Non-Addresses and the rest were a House for Cromwel The Phanaticks also in the City being countenanced by the Army pack a new Common-Council whereof any forty was to be above the Mayor and their first work was to frame a Petition for Justice against the Xing which Tichboures the Mayor involving the City in the Regicide delivered to the Parliament At the same time with like violence they took the King from Newport in the Isle of Wight to Hurst Castle till things were ready for His Tryal the Parliament in the mean time to avoid Perjury by an Ordinance declar'd void the Oaths of Supremacy and Allegiance and presently after made another to bring the King to his Tryal B. This is a piece of Law that I understood not before that when many men swear singly they may when they are Assembled if they please absolve themselves A. The Ordinance being drawn up was brought into the House where after three several Readings it was Voted That the Lords and Commons of England Assembled in Parliament do declare That by the Fundamental Laws of the Realm it is Treason in the King of England to levy War against the Parliament And this Vote was sent up to the Lords and they denying their consent the Commons in Anger made another Vote That all Members of Committees should proceed and act in any Ordinance whether the Lords concurr'd or no and that the People under God are the Original of all just Power and that the House of Commons have the Supreme-Power of the Nation and that whatsoever the House of Commons Enacted is Law All this passed nemine contradicente B. These Propositions fight not only against a King of England but against all the Kings of the World It were good they thought on 't but yet I believe that under God the Original of all Laws was in the People A. But the People for them and their heirs by consent and Oaths have long ago put the Supreme Power of the Nation into the hands of their Kings for them and their Heirs and consequently into the hands of this King their known and lawful heir B. But does not the Parliament represent the People A. Yes to some purposes as to put up Petitions to the King when they have leave and are griev'd but not to make a grievance of the Kings Power Besides the Parliament never represents the People but when the King calls them Is it to be imagined that he calls a Parliament to depose himself Put the case every County and Burrough should have given for a Benevolence a sum of Money and that every County meeting in their County Court or else-where and that every Burrough in their Town-Hall should have chosen certain men to carry their several sums respectively to the Parliament had not these men represented the whole Nation B. Yes no doubt A. Do you think the Parliament would have thought it reasonable to be called to an account by this Representative B. No sure and yet I must confess the Case is the same A. This Ordinance contained First a Summary of the Charge against the King in substance this That not content with the Incroachments of his Predecessors upon the freedom of the People he had 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 denyed 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 denyal 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 denyal of the Courts Jutisdiction and that if he had no more to say they
liberty in one form of Government than another A. Howsoever to the people that understand by Liberty nothing but leave to do what they list it was a Title not ungrateful Their next work was to set forth a publick Declaration that they were fully resolved to maintain the Fundamental Laws of the Nation as to the preservation of the Lives Liberties and Proprieties of the people B. What did they mean by the Fundamental Laws of the Nation A. Nothing but to abuse the people for the only Fur damental Law in every Common-Wealth is to obey the Laws from time to time which he shall make to whom the people have given the Supreme Power How likely then are they to uphold the Fundamental Laws that had murdered him who was by themselves so often acknowledged their lawful Soveraign Besides at the same time that this Declaration came forth they were erecting the High Court of Justice which took away the lives of Duke Hamilton the Earl of Holland and the Lord Capel whatsoever they meant by a Fundamental Law the Erecting of this Court was a breach of it as being warranted by no former Law or Example in England At the same time also they levied Taxes by Soldiers and permitted Free Qarter to them and did many other Actions which if the King had done they would have said had been done against the Liberty and Propriety of the Subject B. What silly things are the common sort of people to be cozen'd as they were so grosly A. What sort of people as to this matter are not of the common sort the crastiest Knaves of all the Rump were no wiser than the rest whom they cozen'd for the most of them did believe that the same things which they impos'd upon the generality were just and reasonable and especially the great Haranguers and such as pretended to Learning for who can be a good Subject in a Monarchy whose Principles are taken from the Enemies of Monarchy such as were Cicoro Seneca Cato and other Polititians of Rome and Aristotle of Athens who spake of Kings but as Wolves and other ravenous Beasts You may perhap think a man has need of nothing else to know the duty he owes to his Governour and what right he has to order him but a good Natural Wit But it is otherwise for it is a Science and built upon sure and clear Principles and to be learn'd by deep and careful study or from Masters that have deeply studied it And who was there in the Parliament or in the Nation that could find out those evident Principles and derive from thence the necessary Rules of Justice and the necessary Connexion of Justice and Peace The people have one day in seven the leisure to hear Instructions and there are Ministers appointed to teach them their duty But how have these Ministers perform'd their Office A great part of them namely the Presbyterian Ministers throughout all the whole War instigated the people against the King so did also Independant and other Fanatick Ministers There contented with their Livings preached in their Parishes points of Controversie to Religion impertinent but to the breach of Charity among themselves very effectual or else Eloquent things which the people either understood not or thought themselves not concern'd in But this sort of Preachers as they did little good so they did little hurt the mischief proceeded wholly from the Presbyterian Preachers who by a long practis'd Histrionick Faculty preached up the Rebellion powerfully B. To what end A. To the end that the State becoming popular the Church might be so too and govern'd by an Assembly and consequently as they thought seeing Politicks are subservient to Religion they might govern and thereby satisfie their covetous humour with Riches and also their malice with Power to undo all men that admir'd not their Wisdom Your calling the people silly things oblig'd me by this digression to shew you that it is not want of Wit but want of the Science of Justice that brought them into these troubles Perswade if you can that man that has made his Fortune or made it greater or an Eloquent Orator or a ravishing Poet or a subtil Lawyer or but a good hunter or a cunning Gamester that he has not a good Wit and yet there were of all these a great many so silly as to be deceived by the Rump They wanted not wit but the knowledg of the Causes and grounds upon which one person has a right to govern and the rest an obligation to obey which grounds are necessary to be taught the people who without them cannot live long in peace among themselves B. Let us return if you please to the proceedings of the Rump A. In the rest of the year they voted a new Stamp for the Coyn of this Nation They considered also of Agents to be sent into Foreign Parts and having lately receiv'd Applause from the Army for their work done by the High Court of Justice and incouragement to extend the same farther they perfected the said High Court of Justice in which were tryed Duke Hamilton the Earl of Holland the Lord Capel the Earl of Norwich and Sir John Owen whereof as I mention'd before the first three were beheaded This affrighted divers of the Kings Party out of the Land for not only they but all that had born Arms for the King were 〈◊〉 that time in very great danger of their lives for it waâ— put to the question by the Army at a Council of Waâ— whether they should be all Massacred or no wherâ— the No's carried it but by two Voices Lastly Marâ—â— 24. they put the Mayor of London out of his Office fined him two thousand pound disfranchised him and condemn'd him to two Months Imprisonment in the Tower for refusing to proclaim the Act for abolishing of the Kingly Power And thus ended the year 1648. and the Monthly Fast God having granted that which they fasted for the death of the King and the possession of his Inheritance By these their Proceedings they had already lost the hearts of the generality of the People and had nothing to trust to but the Army which was not in their power but in Cromwel's who never fail'd when there was occasion to put them upon all Exploits that might make them odious to the people in order to his future dissolving them whensoever it should conduce to his ends In the beginning of 1649. the Scots discontented with the proceedings of the Rump against the late King began to levy Soldiers in order to a new Invasion of England The Irish Rebels for want of timely resistance from England were grown terrible and the English Army at home infected by the Adjutators began to cast about how to share the Land among the Godly meaning themselves and such others as they pleas'd who were therefore call'd Levellers Also the Rump for the present were not very well provided of Money and therefore the first thing they did was the laying of a
Tax upon the people of ninety thousand pound a Month for the maintenance of the Army B Was it not one of their Quarrels with the King that he had levied Money without the consent of the people in Parliament A. You may see by this what reason the Rump had to call it self a Parliament for the Taxes imposed by Parliament were always understood to be by the peoples consent and consequently legal To appease the Scots they sent Messengers with flattering Letters to keep them from ingaging for the present King but in vain for they would hear nothing from a House of Commons as they call'd it at Westminster without a King and Lords But they sent Commissioners to the King to let him know what they were doing for him for they were resolv'd to raise an Army of seventeen thousand Foot and six thousand Horse for themselves To relieve Ireland the Rump had resolv'd to send eleven Regiments thither out of the Army here in England This happened well for Cromwel for the Levelling Soldiers which were in every Regiment many and in some the major part finding that instead of dividing the Land at home they were to venture their Lives in Ireland flatly denied to go and one Regiment having cashier'd their Colonel about Salisbury was marching to joyn with three Regiments more of the same resolution but both the General and Cromwel falling upon them at Burford utterly defeated them and soon after reduced the whole Army to their obedience And thus another of the Impediments to Cromwel's Advancement was soon remov'd Thus done they came to Oxford and thence to London and at Oxford both the General and Cromwel were made Doctors of the Civil Law and at London â—easted and presented by the City B. Were they not first made Masters then Dâ—ctors A. They had made themselves Masters already both of the Laws and Parliament The Army being now obedient the Rump sent over those eleven Regiments into Ireland under the Command of Doctor Cromwel Entituled Governour of that Kingdom the Lord Fairfax being still General of all the Forces both here and there The Marquess now Duke of Ormond was the Kings Lieutenant of Ireland and the Rebels had made a Confederacy among themselves and those Confederates had made a kind of League with the Lieutenant wherein they agreed upon liberty given them in the exercise of their Religion to be faithful to and assist the King To these also were joyned some Forces raised by the Earls of Castlehaven and Clanriccard and my Lord Inchequin so that they were the greatest United Strength in the Island but there were among them a great many other Papists that would by no means subject themselves to Protestants and these were called the Nuncio's Party as the other were called the Confederate Party These Parties not agreeing and the Confederate Party having broken their Articles the Lord Lieutenant seeing them ready to besiege him in Dublin and not able to defend it to preserve the place for the Protestants surrenders it to the Parliament of England and came over to the King at this time when he was carried from place to place by the Army From England he went over to the Prince now King residing then at Paris But the Confederates affrighted with the news that the Rump was sending over an Army thither desir'd the Prince by Letters to send back my Lord of Ormond ingaging themselves to submit absolutely to the Kings Authority and to obey my Lord of Ormond as his Lieutenant And thereupon he was sent back This was about a year before the going over of Cromwel in which time by the Dissentions in Ireland between the Confederate Party and the Nuncio's Party and discontents about Command this otherwise sufficient Power effected nothing and was at last defeated August the second by a Salley out of Dublin which they were besieging Within a few days after arriv'd Cromwel who with extraordinary diligence and horrid Executions in less than a Twelve-month that he staid there subdued in a manner the whole Nation having kill'd or exterminated a great part of them and leaving his Son-in-law Ireton to subdue the rest But Ireton died there before the business was quite done of the Plague This was one step more towards Cromwel's Exaltation to the Throne B. What a miserable condition was Ireland reduced to by the Learning of the Roman as well as England was by the Learning of the Presbyterian Clergy A. In the latter end of the preceeding year the King was come from Paris to the Hague and shortly after came thither from the Rump their Agent Dorisâ—aus Doctor of the Civil Law who had been imployed in the drawing of the Charge against the late King But the first night he came as he was at Supper a Company of Cavaliers near a dozen entred his Chamber kill'd him and got away Not long after also their Agent at Madrid one Ascham that had written in defence of his Masters was kill'd in the same manner About this tire came out two Books one written by Salmasius a Presbyterian against the Murder of the King another written by Milton an Independent in England in Answer to it B. I have seen them both they are very good Laâ—iâ—â— 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 that runs thus Be it Enacted and Declared by this present Parliament and by the 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 Tou 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
Storm because it resisted this the Soldiers plundered and had good booty because the Scots for safety had sent thither their most precious Goods from Edinborrough and St. Johnston's he took likewise by surrender Aberdeen and the place where the Scotish Ministers first learned to play the Fools St. Andrews Also in the Highlands Colonel Alured took a knot of Lords and Gentlemen viz. four Earls and four Lords and above twenty Knights and Gentlemen whom he sent Prisoners into England so that there was nothing more to be feared from Scotland all the trouble of the Rump was to resolve what they should do with it at last they resolved to Unite and Incorporate it into a Common-wealth with England and Ireland and to that end sent thither St. Johns Vane and other Commissioners to offer them this Union by publick Declaration and to warn them to chuse their Deputies of Shires and Burgesses of Towns and send them to Westminster B. This was a great favour A. I think so and yet it was by many of the Scots especially by the Ministers and other Presbyterians refused the Ministers had given way to the Levying of Money for the payment of the English Soldiers but to comply with the Declaration of English Commissioners they absolutely forbad B. Methinks this contributing to the pay of their Conquerors was some mark of Servitude where entring into the Union made them free and gave them equal Priviledge with the English A. The cause why they refused the Union rendered by the Presbyterians themselves was this That it drew with it a subordination of the Church to the Civil State in the things of Christ B. This is a down-right Declaration to all Kings and Common-wealths in general that a Presbyterian Minister will be a true Subject to none of them in the things of Christ which things what they are they will be Judges themselves what then have we gotten by our Deliverance from the Popes Tyranny if these pretty men succeed in the place of it that having nothing in them that can be beneficial to the Publick except their silence for their Learning it amounts to no more than an imperfect knowledge of Greek and Latin and acquir'd readiness in the Scripture Language with a Gesture and Tone suitable thereunto but of Justice and Charity the manners of Religion they have neither knowledge nor practice as is manifest by the Stories I have already told you nor do they distinguish between the Godly and Ungodly but by Conformity of Design in men of Judgment or by Repetition of their Sermons in the Common sort of people A. But this sullenness of the Scots was to no purpose for they at Westminster Enacted the Union of the two Nations and the Abolition of Monarchy in Scotland and ordained Punishment for those that should transgress the Act. B. What other business did the Rump this year A. They sent St Johns and Strickland Ambassadors to the to Hague to offer League to the Vnited Provinces who had Audiance March the third St. Johns in a Speech shewed those States what advantage they might have by this League in their Trade and Navigations by the use of the English Ports and Harbors the Dutch though they shewed no great forwardness in the business yet appointed Commissioners to treat with them about it but the people were generally against it calling the Ambassadors and their Followers as they were Traytors and Murderers and made such Tumults about their House that their Followers durst not go abroad till the â—tates had quieted them the Rump advertis'd hereof presently recall'd them the Complement which St. Johns gave to the Commissioners at their taking leave is worth your hearing You have said he an Eye upon the Event of the Affairs of Scotland and therefore do refuse the Friendship we have offered now I can assure you many in the Parliament were of Opinion that we should not have sent any Ambassadors to you till we expected your Ambassadors to us I now perceive our Error and that those Gentlemen were in the right In a short time you shall see that business ended when it shall perplex you that you have refus'd our proffer B. S. Johns was not sure that the Scotish business would end as it did for though the Scots were beaten at Dunbar he could not be sure of the Event of their entering of England which happened afterward A. But he guess'd well for within a Month after the Battel at Worcester an Act passed forbidding the importing of Merchandize in other than English Ships The English also molested their Fishing upon our Coast They also many times searched their Ships upon occasion of our War with France and made some of them Prize and then the Dutch sent their Ambassadors hither to desire what they before refus'd but partly also to inform themselves what Naval Forces the English had ready and how the people were contented with the Government B. How sped they A. The Rump shewed now as little desire of Agreement as the Dutch did then standing upon terms never likely to be granted First For the Fishing on the English Coast that they should not have it without paying for it Secondly That the English should have free Trade form Middleburgh to Antwerp as they had before their Rebellion against the King of Spain Thirdly They demanded amends for the old but never-to-be-forgotten business of Amboyna so that the War was already certain though the Season kept them from Action till the Spring following The true Quarrel on the English part was that their proffer'd Friendship was scorn'd and their Ambassadours affronted On the Dutch part was their greediness to ingross all Traffick and a false Estimate of our and their own strength Whilst these things were doing the Reliques of the War both in Ireland and Scotland were not neglected though these Nations were not fully pacified till two years after The Persecution of Royalits also still continued among whom was beheaded one M. Love for holding Correspondence with the King B. I had thought Presbyterian Ministers whilest they were such could not be Royalists because they think their Assembly have the Supreme Power in the things of Christ and by consequence they are in England by a Statute Traytors A. You may think so still for though I called Mr. Love a Royalist I meant it only for that one act for which he was condemned It was he who during the treaty at Vxbridge preaching before the Commissioners there said It was as possible for Heaven and Hell as for the King and Parliament to agree Both he and the rest of the Presbyterians are and were Enemies to the Kings Enemies Cromwel and his Phanaticks for their own not for the King's sake Their Loyalty was like that of Sir John Hotham that kept the King out of Hull and afterwards would have betrayed the same to the Marquess of New-castle These Presbyterians therefore cannot be rightly called Loyal but rather doubly perfidious unless you think that as two
plainly told them they must sit no longer Richard's Authority and business in Town being thus at an end heretir'd into the Country where within a few days upon promise of the payment of his Debts which his Fathers Funeral had made great he signed a Resignation of his Protectorship B. To whom A. To no body But after ten days cessation of the Soveraignty some of the Rumpers that were in Town together with the old Speaker Mr. William Lenihall resolv'd among themselves and with Lambert Haslerig and other Officers who were also Rumpers in all 42 to go into the House which they did and were by the Army declar'd to be the Parliament There were also in Westminster-Hall at that time about their private business some few of those whom the Army had secluded in 1648. and were called the secluded Members These knowing themselves to have been Elected by the same Authority and having the same Right to sit attempted to get into the House but were kept out by the Soldiers The first Vote of the Rump reseated was That such persons as were heretofore Members of this Parliament and have not â—â—tten since the year 1648. shall not sit in this House till farther order of the Parliament And thus the Rump recover'd their Authority May the seventh 1659. which they lost in April 1653. B. Seeing there have been so many shiftings of the Supreme Authority I pray you for memories sake repeat them briefly in time and order A. First From 1640 to 1648. when the King was murthered the Soveraignty was disputed between King Charles the First and the Presbyterian Parliament 2ly From 1648 to 1653. the Power was in that part of the Parliament which voted the Tryal of the King and declar'd themselves without King or House of Lords to have the Supreme Authority of England and Ireland For there were in the Long-Parliament two Factions the Presbyterian and Independent The former whereof sought only the subjection of the King not his destruction and this part is it which was called the Rump 3ly From April the 20 to July the 4 the Supreme Power was in the Hands of a Council of State constituted by Cromwel 4ly From July the 4 to December the 12 of the same year it was in the Hands of Men called unto it by Cromwel whom he termed men of Fidelity and Integrity and made them a Parliament which was called in contempt of one of the Members Barebone's Parliament 5ly From December the 12 1653 to September the 3. 1658 it was in the hands of Oliver Cromwel with the Title of Protector 6ly From September 1658 to April the twenty fifth 1659. Richard Cromwel had it as Successor to his Father 7ly From April the twenty fifth 1659. to May the seventh of the same year it was no where 8ly From May the 7th 1659. the Rump which was turn'd out of Door 1653. recovered it again and did lose it again to the Committee of Safety and again recover it and again lose it to the right Owner B. By whom and by that Art came the Rump to be turn'd out the second time A. One would think them safe enough the Army in Scotland which when it was in London had helped Oliver to pull down the Rump submitted now beg'd pardon and promis'd Obedience The Souldiers in Town had their pay mended and the Commanders every where took the old Engagement whereby they had acknowledged their Authority heretofore they also received their Commissions in the House it self from the Speaker who was Generalissimo Fleetwood was made Lieutenant-General with such and so many limitations as were thought necessary by the Rump that remembred how they had been serv'd by their General Oliver Also Henry Cromwel Lord Lieutenant of Ireland having resign'd his Commission by Command returned into England But Lambert to whom as was said Oliver had promis'd the succession and as well as the Rump knew the way to the Protectorship by Oliver's own foot-steps was resolv'd to proceed in it upon the first opportunity which presented it self presently after Besides some Plots of Royalists whom after the old fashion they again persecuted there was an Insurrection made against them by Presbyterians in Cheshire headed by Sir G. Booth one of the secluded Members they were in number about 3000 and their pretence was for a Free-Parliament There was a great talk of another Rising or endeavour to Rise in Devonshire and Coâ—â—wâ—l at the same time To suppress Sir George Booth the Rump sent down more than a sufficient Army under Lambert which quickly defeated the Cheshire party and recover'd Chester Leverpool and all the other places they had seized divers of their Commanders in and after the battel were taken Prisoners whereof Sir George Booth himself was one This exploit done Lambert before his return caressed his Soldiers with an entertainment at his own house in York-shire and got their consent to a Petition to be made to the House that a General might be set up in the Army as being unfit that the Army should be judged by any power extrinsick to it self B. I do not see that unfitness A. Nor I. But it was as I have heard an action of Sir Henry Vane's But it so much displeased the Rump that they Voted that the having of more General 's in the Army than were already setled was unnecessary burthensom and dangerous to the Common-wealth B. This was not Oliver's method for though this Cheshire Victory had been as glorious as that of Oliver's at Dunbar yet it was not the Victory that made Oliver General but the resignation of Fairfax and the proffer of it to Cromwel by the Parliament A. But Lambert thought so well of himself as to expect it therefore at his return to London he and other Officers assembling at Wallingford-house drew their Petition into form and called it a representation wherein the chief point was to have a General with many other of less importance that were added And this they represented to the House October the 4th by Major General Desborough And this so far forth awed them as to teach them so much good manners as to promise to take it presently into debate which they did and October the 12th having recovered their Spirits Voted That the Commissions of Lambert Desborough and others of the Council at Wallingford-house should be void Item That the Army should be governed by a Commission to Fleet-wood Monk Haslerig Walton Morley and Overton till Feb. the 12th following and to make this good against the Force they expected from Lambert they ordered Haslerig and Morley to issue Warrants to such Officers as they could trust to bring their Soldiers next Morning into Westminster which was done somewhat too late for Lambert had first brought his Soldiers thither and beset the House and turn'd back the Speaker which was then coming to it but Haslerig's Forces marching about St. James's Park wall came into St. Margaret's Church-yard and so both Parties looked all day one upon another