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

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general the Irish Nation did hate the name of Subjection to England or would longer be quiet than they feared an Army out of England to chastize them What better time then could they take for their Rebellion than this wherein they were encouraged not only by our weakness caused by this Division between the King and his Parliament but also by the Example of the Presbyterians both of the Scotch and English Nation But what did the Parliament do upon this occasion in the King's absence A. Nothing but consider what use they might make of it to their own ends partly by imputing it to the King 's evil Councillors and partly by occasion thereof to demand of the King the Power of Pressing and Ordering of Souldiers which Power whosoever has has also without doubt the whole Soveraignty B. When came the King back A. He came back the 25th of November and and was welcomed with the Acclamations of the Common People as much as if had been the most beloved of the Kings before him but found not a Reception by the Parliament answerable to it They presently began to pick new Quarrels against him out of every thing he said to them December the 2d the King called together both Houses of Parliament and then did only recommend unto them the raising of Succours for Ireland B. What Quarrel could they pick out of that A. None but in order thereto as they may pretend they had a Bill in Agitation to assert the power of Levying Pressing Souldiers to the two Houses of the Lords and Commons which was as much as to take from the King the Power of the Militia which is in effect the whole Soveraign Power for he that hath the Power of Levying and Commanding of the Souldiers has all other Rights of Soveraignty which he shall please to claim The King hearing of it called the Houses of Parliament together again on December the 14th and then pressed again the business of Ireland as there was need for all this while the Irish were murdering the English in Ireland and strengthening themselves against the Forces they expected to come out of England and withall told them he took notice of the Bill in Agitation for Pressing of Souldiers and that he was content it should pass with a Salvo Jure both for him and them because the present time was unreasonable to dispute it in B. What was there unreasonable in this A. Nothing what 's unreasonable is one question what they quarrelled at is another They quarrelled at this that His Majesty took notice of the Bill while it was in debate in the House of Lords before it was presented to him in the Course of Parliament And also that he shewed himself displeased with those that propounded the third Bill both which they declared to be against the Priviledges of Parliament and petitioned the King to give them Reparation against those by whose evil Council he was induced to it that they might receive condign punishment B. This was cruel proceeding Do not the Kings of England use to sit in the Lords House when they please And was not this Bill then in debate in the House of Lords It is a strange thing that a man should be lawfully in the company of men where he must needs hear and see what they say and do and yet must not take notice of it so much as to the same Company for though the King was not present at the Debate it self yet it was lawful for any of the Lords to make him acquainted with it Any one of the House of Commons though not present at a Proposition or Debate in the House nevertheless hearing of it from some of his fellow-Members may certainly not only take notice of it but also speak to it in the House of Commons But to make the King give up his Friends and Councillors to them to be put to Death Banishment or Imprisonment for their good will to him was such a Tyranny over a King no King ever exercised over any Subject but in cases of Treason or Murder and seldom then A. Presently hereupon grew a kind of War between the Peers of Parliament and those of the Secretaries and other able Men that were with the King For upon the 15th of December they sent to the King a Paper called a Remonstrance of the Sate of the Kingdom and with it a Petition both which they caused to be published in the Remonstrance they complained of certain mischievous Designs of a Malignant Party then before the beginning of the Parliament grown ripe and did set forth what means had been used for the preventing of it by the Wisdom of the Parliament what Rubs they had found therein what course was fit to be taken for the restoring and establishing the Antient Honour Greatness and Safety of the Crown and Nation And of those Designs the Promoters and Actors were they said 1. Jesuits and Papists 2. The Bishops and part of the Clergy that cherish Formality as a support of their own Ecclesiastical Tyranny and Usurpation 3. Councillors and Courtiers that for private ends they said had engaged themselves to farther the Interests of some Forein Princes B. It may well be that some of the Bishops and also some of the Court may have in pursuit of their private Interest done something indiscreetly and perhaps wickedly therefore I pray to tell me particularly what their Crimes were for methinks the King should not have conniv'd at any thing against his own Supream Authority A. The Parliament were not very keen against them that were against the King They made no doubt but all they did was by the King's Command but accused thereof the Bishops Councillors and Courtiers as being a more mannerly way of Accusing the King himself and and defaming him to his Subjects For the truth is the Charge they brought against them was so general as not to be called an Accusation but Railing As first They said they nourished Questions of Prerogatives and Liberty between the King and his People to the end that seeming much addicted to His Majesties Service they might get themselves into places of greatest Trust and Power in the Kingdom B. How could this be call'd an Accusation in which there is no Fact for any Accusers to apply their Proof to or their Witnesses for granting that these Questions of Prerogative had been moved by them who can prove that their End was to gain to themselves and Friends the Places of Trust and Power in the Kingdom A. A second Accusation was that they endeavour'd to suppress the Purity and Power of Religion B. That 's Canting It is not in Mans power to suppress the Power of Religion A. They meant that they supprest the Doctrine of the Presbyterians that is to say the very Foundation of their Parliaments Treacherous Pretensions A third That they cherished Arminians Papists and Libertines by which they meant the common Protestants that meddle not with Disputes to the end they
from Popery then they did they might with Glory to themselves leave a Suspition on the Bishops as men not yet well purged from Idolatry Thirdly before their Sermons their Prayer was or seemed to be ex tempore which they pretended to be dictated by the Spirit of God within them and many of the People believed or seemed to believe it or any man might see that they did not take care before hand what they should say in their Prayers And from hence came a dislike of the Common Prayer-Book which is a set form praemeditated that men might see to what they were to say Amen Fourthly They did never in their Sermons or but lightly inveigh against the Lucrative vices of Men of Trade or Handicraft such as are faining lying couzening Hypocrisie and other uncharitableness except want of Charity to their Pastor and to the faithful which was a great ease to the generality of Citizens and the Inhabitants of Market Towns and no little profit to themselves Fifthly by preaching up an opinion that men were to be assured of their Salvation by the Testimony of their own private Spirit meaning the Holy Ghost dwelling within them And from this opinion the People that ●ound in themselves a sufficient hatred towards the Papists and an ability to repeat the Sermons of these men at their coming home made no doubt but that they had all that was necessary how fraudulently and spitefully soever they behaved themselves to their Neighbours that were not reckoned amongst the Saints and sometimes to those also Sixthly They did indeed with great earnestness and severity inveigh often against two Sins Carnal Lust and vain Swearing which without question was very well done but the Common People were thereby inclined to believe that nothing else was Sin but that which was forbidden in the 3d. and 7th Commandment for few men do understand by the Name of Lust any other Concupiscence than that which is forbidden in the 7 Commandment for men are not ordinarily said to lust after another Mans Catle or other goods or possessions and therefore never made much Scruple of the Acts of Fraud Malice but endeavoured to keep themselves from Uncleaness only or at least from the Scandal of it and whereas they did both in their Sermons and writings maintain and inculcate that the very first motions of the Mind that is to say the delight Men and Women took in the sight of one anothers Form though they checked the proceeding therof so that it never grew up to be a Design was nevertheless a Sin they brought Young Men into Desperation and to think themselves damn'd because they could not which no man can and is contrary to the Constitution of Nature behold a delightful Object without Delight and by this means they became Confessors to such as were thus troubled in Conscience and were obeyed by them as these Spiritual Doctors in all Cases of Conscience B. Yes divers of them did preach frequently against Oppression A. T is true I had forgot that but it was before such as were free enough from it I mean the Common People who would easily believe themselves oppressed but never Oppressors And therefore you may reckon this amongst their Artificers to make their People beleive they were oppressed by the King or perhaps by the Bishops or both and inclined the meaner sort to their Party afterward when there should be occasion but this was but sparingly done in the time of Q. Eliz. whose fear and Jealousie they were afraid of nor had they as yet any great Power in the Parliament House whereby to call in question her Prerogative by Petitions of Right and other Devices as they did afterwards when Democratical Gentlemen had received them into their Council for the design of changing the Monarchical Government into Popular which they called Liberty B. Who could think that such Horrible Designs as these could so easily and so long remain covered with the Cloak of Godliness for that they were most Impious Hypocrites is manifest enough by the War these preceedings ended in and by the Impious Act in the War committed But when began first to appear in Parliament the attempt of Popular Government and by whom A. As to the time of attempting the change of Government from Monarchical to Democratical we must distinguish They did not challenge the Soveraignty in plain terms and by that name till they had slain the King nor the Rights thereof altogether by particular Heads till the King was driven from London by Tumults raised in the City against him and retired for the security of his Person to York where he had not been many days when they sent unto him Nineteen Propositions whereof above a Dozen were Demands of several Powers Essential parts of the Power Soveraign but before that time they had demanded some of them in a Petition which they called a Petition of Right which nevertheless the King had granted them in a former Parliament though he deprived himself thereby not only of the Power to Levy Mony without their consent but also of his ordinary Revenue by Custome of Tonnage and Poundage and of the Liberty to put into Custody such men as he thought likely to disturb the Peace and ●●ise Sedition in the Kingdom As for the men that did this 't is enough to say they were the Members of the last Parliament and of some other Parliaments in the beginning of the Reign of King Charles and the end of the Reign of King James To name them all is not necessary farther then the Story shall require most of them were Members of the House of Commons some few also of the Lords But all such as had a great Opinion of their sufficiency in Politicks which they thought was not sufficiently taken notice of by the King B. How could the Parliament when the King had a great Navy and a great number of Train'd Souldiers and all the Magazines of Ammunition in his power be able to begin the War A. The King had these things in his Right but that signifies little when they had the Custody of the Navy and Magazines and with them all the Trained Souldiers and in a manner all the Subjects were by the Preaching of Presbyterian Ministers and the seditious whispering of false and ignorant Polititians made his Enemies and when the King could have no Money but what the Parliament should give him which you may be sure should not be enough to maintain his Legal Power which they intended to take from him And yet I think they would never have adventured into the Field but for that unlucky business of imposing upon the Sc●ts who were all Presbyterians our Book of Common Prayer for I believe the English would never have taken well that the Parliament should make War upon the King upon any provocation unless it were in their own defence in case the King should first make War upon them and therefore it behoved them to provoke the King that he
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 deterr them from the Expedition as hoping by h● disorder of the two Kingdoms to bring to pass that which he had formerly been accused 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 hardly 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 Parliament to meet at Westminster the 13 of April 1640. B. Methinks a Parliament o● England if upon any occasion should furnish the King with Money now in a War against the Scots out of an inveteterate Disaffection to that Nation that had always taken part with their Enemies the French and which alwayes esteemed the Glory of England for 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 Parliament the King had been forced to use such as were Ship money for Knighthood and such other Vails as one may call them of the Regal Office which Lawyers had found justifiable by the antient 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 disolved 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 a 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 Soveraignty should be wholly either in one or both Houses besides they were loath to desert the King when he was Invaded by Forreiners for the Scots were esteemed by them as a Forrein Nation B. It is strange to me that England and Scotland being but one Island and their Language almost the same being Governed by one King should be thought Forreiners 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 unto one People A. King James at his first coming to the Crown of England did endeavour it but could not prevail but for all that I believe the Scotch have now as many priviledges in England as any Nation had in Rome of those which were so as you say made Romans for they are all Naturaliz'd and have right to buy Land in England to them and their Heirs B. 'T is true of them that were born in Scotland after the time that King James was in possession of the Kingdom of England A. There be very few now that were born before But why have they a better right that were born after than they that were born before B. Because they were born Subjects to the King of England and the rest not A. Were not the rest born Subjects to King James And was not he King of England B. Yes but not then A. I understand not the subtilty of the Distinction but upon what Law is that distinction grounded Is there any Statute to that purpose B. I cannot tell I think not but it is grounded upon Equity A. I see little Equity in this that those Nations that are bound to equal obedience to the same King should not have equal Priviledges and now seeing there be so very few born before King James's comeing in What greater Priviledges had those Ingrafted Romans by their Naturalization in the State of Rome or in the State of England the English themselves more than the Scotch B. Those Romans when any of them were in Rome had their voice in the making of Laws A. And the Scotch have their Parliaments wherein their assent is required to the Law there made which is as good Have not many of the Provinces of France their several Parliaments and several Constitutions Yet they are all equally Natural Subjects to the King of France and therefore for my part I think they were mistaken both English and Scotch in calling one another Forreiners Howsoever that be the King had a very sufficient Army wherewith he marched towards Scotland and by that time he was come to York the Scotch Army was drawn up to the Frontiers and ready to march into England which
might compose a body fit to Act according to their Counsels and Resolutions A fourth That they endeavoured to put the King upon other courses of Raising Money than by the ordinary way of Parliaments Judge whether these may be properly called Accusations or not rather spightful Reproaches of the King's Government B. Methinks this last was a very great fault for what good could there be in putting the King upon any odd course of getting Money when the Parliament was willing to supply him as far as to the security of the Kingdom or to the honour of the King should be necessary A. But I told you before they would give him none but with a Condition he should cut off the heads of whom they pleased how faithfully soever they had serv'd him and if he would have sacrificed all his Friends to their Ambition yet they would have found other excuses to deny him Subsidies for they were resolv'd to take from him the Soveraign Power to themselves which they would never do without taking great care that he should have no Money at all In the next place they put into the Remonstrance as faults of them whose Council the King followed All those things which since the beginning of the King's Reign were by them mis-liked whether faults or not and whereof they were not able to judge for want of knowledge of the Causes and Motives that induced the King to do them and were known only to the King himself and such of his Privy-Council as he revealed them to B. But what were those particular pretended faults A. First The Dissolution of his last Parliament at Oxford Secondly The Dissolution of his second Parliament being in the second year of his Reign Thirdly The Dissolution of his Parliament in the fourth year of his Reign Fourthly The fruitless Expedition against Cales Fifthly The Peace made with Spain whereby the Palatine's Cause was deserted and left to chargeable and hopeless Treaties Sixthly The sending of Commissions to raise Money by way of Loan Seventhly Raising of Ship-money Eighthly Enlargements of Forrests contrary to Magna-Charta Ninthly The Designment of Engrossing all the Gun-powder into one hand and keeping it in the Tower of London Tenthly A Design to bring in the Use of Brass-Money Eleventhly The Fines Imprisonments Stigmatizings Mutilations Whippings Pillories Gaggs Confinements and Banishments by Sentence in the Court of Star-Chamber Twelfthly The Displacing of Judges Thirteenthly The Illegal Acts of Council-Table Fourteenthly The Arbitrary and Illegal Power of the Earl-Marshal's Court. Fifteenthly The Abuses in Chancery Exchequer-Chamber and Court of Wards Sixteenthly The selling of Titles of Honour of Judges and Serjeants Places and other Offices Seventeenthly The Insolence of Bishops and other Clarks in Suspensions Excommunications and Degradations of divers painful and learned and pious Ministers B. Were there any such Ministers Degraded Depraved or Excommunicated A. I cannot tell But I remember I have heard threatned divers painful unlearned and seditious Ministers Eighteenthly The Excess of Severity of the High Commission-Court Nineteenthly The Preaching before the King against the Property of the Subject and for the Prerogative of the King above the Law and divers other petty Quarrels they had to the Government which though they were laid upon this Faction yet they knew they would fall upon the King himself in the Judgment of the People to whom by Printing it was communicated Again After the Dissolution of the Parliament May the 5th 1640. they find other faults as the Dissolution it self the Imprisoning some Members of both Houses a forced Loan of Money attempted in London the Continuance of the Convocation when the Parliament was ended and the favour shewed to Papists by Secretary Windebank and others B. All this will go current with common people for Mis-government and for faults of the King 's though some of them were Misfortunes and both the Mis-fortunes and the Mis-government if any were were the faults of the Parliament who by denying to give him Money did both frustrate his Attempts abroad and put him upon those extraordinary waies which they call Illegal of raising Money at home A. You see what a heap of Evils they have raised to make a shew of ill Government to the People which they second with an enumeration of the many services they have done the King in overcoming a great many of them though not all and in divers other things and say that though they had contracted a Debt to the Scots of 22000 l. and granted six Subsidies and a Bill of Pole-money worth six Subsidies more yet that God had so blessed the Endeavours of this Parliament that the Kingdom was a gainer by it and then follows the Catalogue of those good things they had done for the King and Kingdom For the Kingdom they had done they said these things They had abolished Ship● money They had taken away Coat and Conduct-money and other Military Charges which they said amounted to little less than the Ship-money That they supprest all Monopolies which they reckoned above a Million yearly sav'd by the Subject That they had quell'd Living Grievances meaning Evil Councillors and Actors by the Death of my Lord Strafford by the flight of the Chancellor Finch and of Secretary Windebank by the Imprisonment of the Arch-Bishop of Canterbury and Judges that they had past a Bill for a Triennial Parliament and another for the Continuance of the present Parliament till they should think fit to Dissolve themselves B. That is to say for ever if they be suffered But the summe of all those things which they had done for the Kingdom is that they had left it without Government without Strength without Money without Law and without good Council A. They reckoned also putting down of the High Commission and the abating of the Power of the Council-Table and of the Bishops and their Courts the taking away of unnecessary Ceremonies in Religion removing of Ministers from their Livings that were not of their Faction and putting in such as were B. All this was but their own and not the Kingdoms business A. The Good they had done the King was first they said the giving of 25000 l. a month for the Relief of the Northern Counties B. What need of Relief had the Northern more than the rest of the Counties of England B. Yes In the Northern Counties were quartered the Scotch Army which the Parliament call'd in to oppose the King and consequently their Quarter was to be discharged B. True but by the Parliament that call'd them in A. But they say no and that this Money was given the King because he is bound to protect his Subjects B. He is no farther bound to that than they to give him Money wherewithal to do it This is very great Impudence to raise an Army against the King and with that Army to oppress their Fellow-subjects and then require that the King should relieve them that is to say be at the Charge of Paying the Army that was
a Guard for his Person in Yorkshire and the Parliament thereupon having Voted That the King intended to make War upon his Parliament gave Order for the Mustering and Exercising the People in Arms and published Propositions to invite and encourage them to bring in either ready Money or Plate or to promise under their hands to maintain certain numbers of Horse Horsemen and Arms for the defence of the King and Parliament meaning by King as they had formerly declar'd not his Person but his Laws promising to repay their Money with Interest of 8 l. in the hundred and the value of their Plate with 12 d. the ounce for the fashion On the other side the King came to Nottingham and there did set up his Standard Royal and sent out Commissioners of Array to call those to him which by the ancient Laws of England were bound to serve him in the Wars Upon this occasion there passed divers Declarations between the King and Parliament concerning the Legality of this Array which are too long to tell you at this time B. Nor do I desire to hear any Mooting about this Question for I think that general Law of Salus Populi and the Right of defending himself against those that had taken from him the Sovereign Power are sufficient to make Legal whatsoever he should do in order to the recovery of his Kingdom or the punishing of the Rebels A. In the mean time the Parliament raised an Army and made the Earl of Essex General thereof by which Act they declar'd what they meant formerly when they Petition'd the King for a Guard to be commanded by the said Earl of Essex And now the King sends out his Proclamations forbidding Obedience to the Orders of the Parliament concerning the Militia and the Parliament send out Orders against the Executions of the Commissions of Array hitherto though it were a War before yet there was no Blood shed they shot at one another nothing but Paper B. I understand now how the Parliament destroy'd the Peace of the Kingdom and how easily by the help of seditious Presbyterian Ministers and of ambitious ignorant Orators they reduced the Government into Anarchy but I believe it will be a harder task for them to bring in Peace again and settle the Government either in themselves or in any other Governor or form of Government for granting that they obtain'd the Victory in this War they must be beholding for it to the Valor good Conduct or Felicity of those to whom they give the Command of their Armies especially to the General whose good success will without doubt bring with it the love and admiration of the Soldiers so that it will be in his power either to take the Government upon himself or to place it where himself thinks good In which Case if he take it not to himself he will be thought a Fool and if he do he shall be sure to have the Envy of his subordinate Commanders who will look for a share either in the present Government or in the Succession to it for they will say has he obtain'd this Power by his own without our Danger Valor and Council And must we be his Slaves whom we have thus rais'd Or is not there as much Justice on our side against him as was on his side against the King A. They will and did insomuch that the reason why Cromwel after he had gotten into his own hands the absolute Power of England Scotland and Ireland by the Name of Protector did never dare to take upon him the Title of King nor was ever able to settle it upon his Children his Officers would not suffer it as pretending after his death to succeed him nor would the Army consent to it because he had ever declared to them against the Government of a Single Person B. But to return to the King What Means had he to pay What Provision had he to Arm nay Means to Levy an Army able to resist the Army of the Parliament maintained by the great Purse of the City of London and Contributions of almost all the Towns Corporate in England and furnished with Arms as fully as they could require A. 'T is true the King had great disadvantages and yet by little and little he got a considerable Army with which he so prospered as to grow stronger every day and the Parliament weaker till they had gotten the Scotch with an Army of 21000 Men to come into England to their assistance but to enter into the particular Narrative of what was done in the War I have not now time B. Well then we will talk of that at next meeting B. WE left at the Preparations on both sides for War which when I considered by my self I was mightily puzled to find out what possibility there was for the King to equal the Parliament in such a course and what hopes He had of Money Men Arms Fortified Places Shipping Council and Military Offices sufficient for such an Enterprize against the Parliament that had Men and Money as much at Command as the City of London and other Corporation Towns were able to furnish which was more than they needed And for the Men they should set forth for Soldiers they were almost all of them spightfully bent against the King and his whole Party whom they took to be either Papists or Flatterers of the King or that had design'd to raise their Fortunes by the Plunder of the City and other Corporation Towns and though I believe not that they were more valiant than other Men nor that they had so much experience in the War as to be accounted good Soldiers yet they had that in them which in time of Battel is more conducing to Victory than Valor and Experience both together and that was Spight And for Arms they had in their hands the chief Magazines the Tower of London and Kingston upon Hull besides most of Powder and Shot that lay in several Towns for the use of the Trained Bonds Fortified places there were not many then in England and most of them in the hands of the Parliament The King's Fleet was wholly in their Command under the Earl of Warwick Councillors they needed no more than such as were of their own Body so that the King was every way inferior to them except it were perhaps in Officers A. I cannot compare their chief Officers for the Parliament the Earl of Essex after the Parliament had Voted the War was made General of all their Forces both in England and Ireland from whom all other Commanders were to receive their Commissions B. What moved them to make the Earl of Essex General And for what cause was the Earl of Essex so displeased with the King as to accept that Office A. I do not certainly know what to answer to either of those Questions but the Earl of Essex had been in the Wars abroad and wanted neither Experience Judgment nor Courage to perform such an undertaking and besides that you
the next morning He took Banbury Castle and from thence went to Oxford and thence to Brentford where he gave a great Defeat to Three Regiments of the Parliaments Forces and so return'd to Oxford B. Why did not the King go on from Brentford A. The Parliament upon the first notice of the King 's marching from Shrewsbury caused all the Trained Bands and the Auxiliaries of the City of London which were so frighted as to shut up all their shops to be drawn forth so that there was a complete and numerous Army ready for the Earl of Essex that was crept into London just at that time to head it and this was it that made the King retire to Oxford In the beginning of February after Prince Ruport took Cirencester from the Parliament with many Prisoners and many Arms for it was newly made a Magazine And thus stood the business between the King 's and the Parliaments Forces The Parliament in the mean time caused a Line of Communication to be made about London and the Suburbs of 12 miles in compass and constituted a Committee for the Assotiation and the putting into a posture of defence the Counties of Essex Cambridge Suffolk and some others and one of those Commissioners was Oliver Cromwel from which employment he came to his following greatness B. What was done during this time in other Parts of the Countrey A. In the West the Earl of Stamford had the employment of putting in execution the Ordinance of Parliament for the Militia and Sir Ralph Hopton for the King executed the Commission of Array Between those two was fought a Battel at Liscard in Cornwal where Sir Ralph Hopton had the Victory and presently took a Town called Saltash with many Arms and much Ordnance and many Prisoners Sir William Waller in the mean time seized Winchester and Chichester for the Parliament In the North for the Commission of Array my Lord of Newcastle and for the Militia of the Parliament was my Lord Fairfax My Lord of Newcastle took from the Parliament Tadcaster in which were a great part of the Parliaments Forces for that County and had made himself in a manner Master of all the North about this time that is to say in February the Queen landed at Barlington and was conducted by my Lord of Newcastle and the Marquis of Montross to York and not long after to the King Divers other little advantages besides these had the King's Party of the Parliaments in the North. There hapned also between the Militia of the Parliament the Commission of Array in Staffordshire under my Lord Brook for the Parliament and my Lord of Northampton for the King great contention wherein both these Commanders were slain for my Lord Brook besieging Lichfield-Close was kill'd with a shot notwithstanding which they gave not over the Siege till they were Masters of the Close But presently after my Lord of Northampton besieged it again for the King which to relieve Sir William Brereston and Sir John Gell advanced towards Lichfield and were met at Hopton-heath by the Earl of Northampton and routed the Earl himself was slain but his Forces with Victory return'd to the Siege again and shortly after seconded by Prince Rupert who was then abroad in that Countrey carried the place These were the chief Actions of this year 164● wherein the King's Party had not much the worse B. But the Parliament had now a better Army insomuch that if the Earl of Essex had immediately followed the King to Oxford not yet well fortified he might in all likelihood have taken it for he could not want either Men or Ammunition whereof the City of London which was wholly at the Parliaments devotion had store enough A. I cannot judge of that but this is manifest considering the estate the King was in at his first marching from York when He had neither Money nor Men nor Arms enough to put Him in hope of Victory that this year take it altogether was very prosperous B. But what great Folly or Wickedness do you observe in the Parliaments Actions for this first year A. All that can be said against them in that point will be excus'd with the pretext of War and come under one Name of Rebellion saving that when they summoned any Town it was alwayes in the Name of the King and Parliament The King being in the contrary Army and many times beating them from the Siege I do not see how the right of War can justifie such Impudence as that But they pretended that the King was alwayes vertually in the Two Houses of Parliament making a distinction between His Person Natural and Politique which made the Impudence the greater besides the folly of it For this was but an University Quibble such as Boyes make use of in maintaining in the Schools such Tenets as they cannot otherwise defend In the end of this year they sollicited also the Scots to enter England with an Army to suppress the power of the Earl of Newcastle in the North which was a plain Confession that the Parliament Forces were at this time inferior to the Kings and most Men thought that if the Earl of Newcastle had then marched Southward and joined his Forces with the Kings that most of the Members of Parliament would have fled out of England In the beginning of 1643. the Parliament seeing the Earl of Newcastle's power in the North grown formidable sent to the Scots to hire them to an Invasion of England and to Compliment them in the mean time made a Covenant among themselves such as the Scots before had made against Episcopacy and demolished Crosses and Church-windows such as had in them any Images of Saints throughout all England Also in the middle of the year they made a Solemn League with the Nation which was called The Solemn League and Covenant B. Are not the Scots as properly to be called Foreigners as the Irish seeing then they persecuted the Earl of Strafford even to death for advising the King to make use of Irish Forces against the Parliament with what face could they call in a Scotch Army against the King A. The King's Party might easily here have discern'd their design to make themselves absolute Masters of the Kingdom and to dethrone the King Another great Impudence or rather a Bestial Incivility it was of theirs That they Voted the Queen a Traytor for helping the King with some Ammunition and English Forces from Holland B. Was it possible that all this could be done and Men not see that Papers and Declarations must be useless And that nothing could satisfie them but the Deposing of the King and setting up of themselves in His place A. Yes very possible for who was there of them though knowing that the King had the Sovereign Power that knew the Essential Rights of Sovereignty They dreamt of a mixt Power of the King and the Two Houses That it was a divided Power in which there could be no Peace was above their
Army A. First the Parliament sent to the General to have the King re-deliver'd to their Commissioners Instead of an answer to this the Army sent Articles to the Parliament and with them a Charge against Eleven of their Members all of them active Presbyterians of which Articles these are some I. That the House may be purged of those who by the Self-denying Ordinance ought not to be there II. That such as abused and endeavoured the Kingdom might be disabled to do the like hereafter III. That a day might be appointed to determine this Parliament IV. That they would make an Accompt to the Kingdom of the vast Sums of Money they had received V. That the Eleven Members might presently be suspended sitting in the House These were the Articles that put them to their Trumps and they answered none of them but that of the Suspension of the Eleven Members which they said they could not do by Law till the particulars of the Charge were produced But this was soon answer'd with their own Proceedings against the Archbishop of Canterbury and the Earl of Strafford The Parliament being thus somewhat aw'd and the King made somewhat confident he undertakes the City requiring the Parliament to put the Militia into other hands B. What other hands I do not well understand you A. I told you that the Militia of London was on the 4th of May put into the hands of the Lord Mayor and other Citizens and soon after put into the hands of other Men more favourable unto the Army And now I am to tell you that on July 26. the violence of certain Apprentices and disbanded Soldiers forced the Parliament to resettle it as it was in the Citizens and hereupon the two Speakers and divers of the Members ran away to the Army where they were invited and contented to sit and vote in the Council of War in the nature of a Parliament and out of these Citizens hands they would have the Militia taken away and put again into those hands out of which it was taken the 26th of July B. What said the City to this A. The Londoners mann'd their works viz. the Line of Communication rais'd an Army of valiant Men within the Line chose good Officers all being desirous to go out and fight whensoever the City should give them Order and in that posture stood expecting the Enemy The Soldiers in the mean time enter into an Engagement to live and dye with Sir Thomas Fairfax the Parliament and the Army B. That 's very fine they imitate that which the Parliament did when they first took up Arms against the King stiling themselves The King and Parliament maintaining That the King was alwayes vertually in His Parliament So the Army now making War against the Parliament called themselves the Parliament and the Army but they might with more reason say That the Parliament since it was in Cromwel's Pocket was virtually in the Army A. Withall they send out a Declaration of the grounds of their March towards London wherein they take upon them to be Judges of the Parliament and of who are fit to be trusted with the business of the Kingdom giving them the name not of the Parliament but of the Gentlemen at Westminster for since the violence they were under July 26. the Army denied them to be a lawful Parliament At the same time they sent a Letter to the Mayor and Aldermen of London reproaching them with those late Tumults telling them They were Enemies to the Peace Treacherous to the Parliament Vnable to defend either the Parliament or themselves and demanded to have the City delivered into their hands to which purpose they said they were now coming to them The General also sent out his Warrants to the Counties adjacent summoning their Train'd Soldiers to join with them B. Were the Train'd Soldiers part of the Generals Army A. No nor at all in Pay nor could be without an Order of Parliament But what might not an Army do that had master'd all the Laws of the Land The Army being come to Hounsloe-heath distant from London but 10 Miles the Court of Aldermen was called to consider what to do the Captains and Soldiers of the City were willing and well-provided to go forth and give them Battel but a Treacherous Officer that had charge of a work on Southwark side had let in within the Line a small Party of the Enemies who marched as far as to the Gate of London-Bridge and then the Court of Aldermen their hearts failing them submitted on these Conditions To relinquish their Militia To desert the Eleven Members To deliver up the Forts and Line of Communication together with the Tower of London and all Magazines and Arms therein to the Army To disband their Forces and turn out all the Reformadoes i. e. all Essex's old Soldiers To draw off their Guards from the Parliament All which was done and the Army marched triumphantly through the principal Streets of the C●ty B. 'T is strange that the Mayor and Aldermen having such an Army should so quickly yield Might they not have resisted the Party of the Enemies at the Bridge with a Party of their own and the rest of the Enemies with the rest of their own A. I cannot judge of that but to me it would have been strange if they had done otherwise for I consider the most part of rich Subjects that have made themselves so by Craft and Trade as men that never look upon any thing but their present profit and who to every thing not lying in that way are in a manner blind being amaz'd at the very thought of Plundering If they had understood what vertue there is to preserve their Wealth in obedience to their lawful Soveraign they would never have sided with the Parliament and so we had had no need of arming The Mayor and Aldermen therefore assur'd by this submission to save their Goods and not sure of the same by resisting seem to me to have taken the wisest course Nor was the Parliament less tame than the City for presently August 6. the General brought the Fugitive Speakers and Members to the House with a strong Guard of Souldiers and re-placed the Speakers in their Chairs and for this they gave the General thanks not only there in the House but appointed also a day for a holy Thanksgiving and not long after made him Generalissim● of all the Forces of England and Constable of the Tower But in effect all this was the advancement of Cromwel for he was the Usufructuary though the Property were in Sir Tho. Fairfax for the Independents immediately cast down the whole Line of Communication divide the Militia of London Westminster and Southwark which were before united displaced such Governours of Towns and Forts as were not for their turn though placed thereby Ordinance of Parliament instead of whom they put in men of their own Party They also made the Parliament to declare null all that had passed in the
Houses from July the 26th to Aug. the 6th and clapt in Prison some of the Lords and some of the most Eminent Citizens whereof the Lord Mayor was one B. Cromwel had power enough now to restore the King why did he not A. His main end was to set himself in his place the restoring of the King was but a reserve against the Parliament which being in his Pocket he had no more need of the King who was now an impediment to him To keep him in the Army was a trouble to let him fall into the hands of the Presbyterians had been a stop to his hopes to murder him privately besides the horrour of the act now whilst he was no more than Lieutenant General would have made him odious without farthering his design there was nothing better for his purpose than to let him escape from Hampton-Court where he was too near the Parliament whither he pleased beyond Sea For though Cromwel had a great Party in the Parliament Houses whilst they saw not his Ambition to be their Master yet they would have been his Enemies as soon as that had appear'd To make the King attempt an escape some of those that had him in Custody by Cromwel's direction told him that the Adjutators meant to murder him and withal caused a rumour of the same to be generally spread to the end it might that way also come to the Kings Ear as it did The King therefore in a dark and rainy night his Guards being retir'd as it was thought on purpose left Hampton-Court and went to the Sea-side about Southampton where a Vessel had been bespoken to transport him but fail'd so that the King was forced to trust himself with Colonel Hammond then Governour of the Isle of Wight expecting perhaps some kindness from him for Doctor Hammonds sake Brother to the Colonel and his Majesties much-favour'd Chaplain but it prov'd otherwise for the Colonel sent to his Masters of the Parliament to receive their Orders concerning him This going into the Isle of Wight was not likely to be any part of Cromwel's design who neither knew whither nor which way he would go nor had Hammond known any more than other men if the Ship had come to the appointed place in due time B. If the King had escaped into France might not the French have assisted him with Forces to recover his Kingdom and so frustrated the designs both of Cromwel and all other the Kings Enemies A. Yes much just as they assisted his Son our present most gracious Soveraign who two years before fled thither out of Cornwal B. 'T is methinks no great policy in Neighbouring Princes to favour so often as they do one anothers Rebels especially when they rebel against Monarchy it self they should rather first make a League against Rebellion and afterwards if there be no remedy fight one against another Nor will that serve the turn among Christian Soveraigns till Preaching be better lookt to whereby the Interpretation of a Verse in the Hebrew Greek or Latine Bible is oftentimes the cause of Civil War and the deposing and assassinating of Gods Anointed and yet converse with those Divinity Disputers as long as you will you will hardly find one in a hundred discreet enough to be imployed in any great Affairs either of War or Peace It is not the Right of the Soveraign though granted to him by every mans consent expresly that can inable a Subject to do his Office it is the obedience of the Subject and then by and by to cry out as some Ministers did in the Pulpit to your Tents O Israel Common people know nothing of right or wrong by their own Meditation they must therefore be taught the grounds of their Duty and the reasons why Calamities ever follow Disobedience to their lawful Soveraigns But to the contrary our Rebels were publickly taught Rebellion in the Pulpits and that there was no sin but the doing of what the Preachers forbad or the omitting of what they advis'd But now the King was the Parliaments Prisoner why did not the Presbyterians advance their own Interest by restoring him A. The Parliament in which there were more Presbyterians yet than Independents might have gotten what they would of the King during his life if they had not by an unconscionable and sottish Ambition obstructed the way to their Ends They sent him four Propositions to be signed and past by him as Acts of Parliament telling him when these were granted they would send Commissioners to Treat with him of any other Articles First The Propositions are these That the Parliament should have the Militia and power of levying Money to maintain it for twenty years and after that term the exercise thereof to return to the King in case the Parliament think the safety of the Kingdom concern'd in it B. This first Article takes from the King the Militia and consequently the whole Soveraignty for ever A. The second was That the King should justifie the proceedings of the Parliament against himself and declare void all Oaths and Declarations made by him against the Parliament B. This was to make him guilty of the War and of all the Blood spilt therein A. The third was To take away all Titles of Honour conferred by the King since the Great Seal was carried to him in May 1642. The fourth was That the Parliament should Adjourn themselves when and to what place and for what time they pleas'd These Propositions the King refus'd to grant as he had reason but sent others of his own not much less advantagious to the Parliament and desir'd a Personal Treaty with the Parliament for the settling of the Peace of the Kingdom but the Parliament denying them to be sufficient for that purpose voted that there should be no more Addresses made to him nor Messages receiv'd from him but they would settle the Kingdom without him And this they voted partly upon the Speeches and Menaces of the Army-Faction then present in the House of Commons whereof one advised these three Points 1. To secure the King in some In-land Castle with Guards 2. To draw up Articles of Impeachment against him 3. To lay him by and settle the Kingdom without him Another said that his denying the four Bills was the denying Protection to his Subjects and that therefore they might deny him Subjection and added that till the Parliament forsook the Army the Army would never forsake the Parliament This was Threatning Last of all Cromwel himself told them it was now expected that the Parliament should govern and defend the Kingdom and not any longer let the people expect their safety from a Man whose heart God had hardned nor let those that had so well defended the Parliament be left afterward to the rage of an irreconcileable Enemy lest they seek their safety some other way This again was threatning as also laying his hand upon his Sword when he spake it And hereupon the Vote of Non-Addresses was made an
wisest and fittest to be chosen for a Parliament who was most averse to the granting of Subsidies or other publick Payments B. In such a Constitution of People methinks the King is already outed of his Government so as they need not have taken Arms for it For I cannot imagine how the King should come by any means to resist them A. There was indeed very great difficulty in the business but of that point you will be better informed in the pursuit of this Narration B. But I desire to know first the several grounds of the Pretences both of the Pope and of the Presbyterians by which they claim a Right to govern us as they do in chief and after that from whence and when crept in the Pretences of that Long Parliament for a Democrasie A. As for the Papists they challenge this Right from a Text in Deut. 17. and other like Texts according to the Old Latin Translation in these words And he that out of Pride shall refuse to obey the Commandment of that Priest which shall at that time Minister before the Lord thy God that man shall by the Sentence of the Judge be put to Death and because the Jews were the People of God then so is all Christendom the People of God now they infer from thence that the Pope whom they pretend to be High Priest of all Christian People ought also to be obeyed in all his Decrees by all Christians upon pain of Death Again whereas in the New Testament Christ saith all Power is given unto me in Heaven and in Earth go therefore and teach all Nations and baptize them in the name of the Father and of the Son and of the Holy Ghost and teach them to observe all those things that I have commanded you from thence they in●er that the Command of the Apostles was to be obeyed by consequence the Nations were bound to be governed by them and especially by the Prince of the Apostles St. Peter and by his Successors the Popes of Rome B. For the Text in the Old Testament I do not see how the Commandment of God to the Jews to obey their Priests can be interpreted to have the like force in the Case of other Nations Christian more then upon Nations Unchristian For all the world are Gods People unless we also grant that a King cannot of an Infidel be made Christian without making himself subject to the Laws of that Apostle or Priest or Minister that shall convert him The Jews were a peculiar People of God a Sacerdotal Kingdom and bound to no other Law but what first Moses and afterwards every High Priest did go and receive immediately from the Mouth of God in Mount Sinai in the Tabernacle of the Ark and in the Sanctum Sanctorum of the Temple And for the Text in St. Mathew I know the words in the Gospel are not Go teach but Go and make Disciples and that there is a great difference between a Subject and a Disciple and between teaching and commanding and if such Texts as these must be so interpreted why do not Christian Kings lay down their Titles of Majesty and Soveraignty and call themselves the Popes Lieutenants But the Doctors of the Romish Church seem to decline that Title of Absolute Power in their distinction of Power Spiritual and Temporal but this Distinction I do not very well understand A. By Spiritual Power they mean the Power to determine Points of Faith and to be Judges in the Inner Court of Conscience of Moral Duties and of a Power to punish those men that obey not their Precepts by Ecclesiastical Censure that is by Excommunication and this Power they say the Pope hath immediately from Christ without dependance upon any King or Soveraign Assembly whose Subjects they 〈◊〉 that stand Excommunicate But for the Power Temporal which consists in judging and punishing those Actions that are done against the Civil Law they say they do not pretend to it directly but only indirectly That is to say so far forth as such Actions tend to the hinderance or advancement of Religion in ordine ad Spiritualia B. What Power then is le●t to Kings and other Civil Soveraign● which the Pope may not pretend to be in ordine ad Spiritualia A. None or very little and this Power the Pope not only pretends to in all Christendom but some of his Bishops also in their several Di●cesses jure Divino 〈◊〉 that is immediately from Christ without deriving it from the Pope B. But what if a man refuse Obedience to this pretended Power of the Pope and his Bishops what harm can Excommunication do him especially if he be a Subject of an other Soveraign A. Very great harm for by the Popes or Bishops Signification of it to the Civil Power he shall be punished sufficiently B. He were in an ill Case then that adventured to write or speak in defence of the Civil Power that must be punished by him whose Rights he des●nded ●ike Uzza that was slain because he would needs unbidden put forth his hand to keep the Ark from falling But what if a whole Nation should revolt from the Pope at once What effect could Excommunication have upon the Nation A. Why they should have no more Mass said at least by any of the Popes Priests Besides the Pope would have no more to do with them but cast them off and so they would be in the same Case as if a Nation should be cast off by their King and left to be Governed by themselves or whom they would B. This would not be taken so much for a Punishment to the People as to the King and therefore when a Pope Excommunicates a whole Nation methinks he rather Excommunicates himself than them But I pray you tell me what were the Rights the Pope pretended to in the Kingdoms of other Princes A. First an Exemption of all Priests Fri●rs and Monks in Criminal Causes from the Cognizance of Civil Judges Secondly Collation of Benefices on whom he pleased Native or Stranger and Exaction of Tenths Fruits and other payments Thirdly Appeals to R●me in all Causes where the Church could pretend to be concern'd Fourthly To be the ●upreme Judge concerning the Lawfullness of Marriage i. e. concerning the Hereditar● Succession of Kings and to have the Cognizance of all Causes concerning Adultery and Fornication B Good A Monopoly of Women A. Fifthly A power of absolving Subjects of their Duties and of their Oathes of Fidelity to their Lawful Soveraigns when the Pope should think fit for the Extirpation of Heresie B. This power of Absolving Subjects of their Obedience as also that other of being Judges of Manners and Doctrine is as absolute a Soveraignty as is possible to be and consequently there must be two Kingdoms in one and the same Nation and so no man be able to know which of his Masters he must obey A. For my part I should rather obey that Master that had the Right of Making
him that Christ being King of all the World had given the disposing of all the Kingdoms therein to the Pope And that the Pope had given Peru to the Roman Emperor Charles the 5. and required Atabalipa to resign it and for refusing it seised upon his Person by the Spanish Army there present and murdered him You see by this how much they claim when they have Power to make it good B. When began the Popes to take this Authority upon them first A. After the Inundation of Northern People had overflowed the Western Parts of the Empire and possessed themselves of Italy the People of the City of Rome submitted themselves as well in Temporals as Spirituals to their Bishop and then first was the Pope a Temporal Prince and stood no more in so great fear of the Emperors which lived far off at Constantinople In this time it was that the Pope began by pretence of his Power Spiritual to encroach upon the Temporal Rights of all other Princes of the West and so continued gaining upon them till his Power was at the highest in that 300 years or thereabout which passed between the time of Pope Leo the 3. and Pope Innocent the 3. For in this time Pope Zachary 1. deposed Chilperick then King of France and gave the Kingdom to one of his Subjects Pepin And Pepin took from the Lombards a great part of their Territory and gave it to the Church shortly after the Lombards having recovered their Estate Charles the Great retook it and gave it to the Church again and Pope Leo the 3. made Charles Emperor B. But what Right did the Pope there pretend for the creating of an Emperor A. He pretended the Right of being Christs Vicar and what Christ could give his Vicar might give and you know that Christ was King of all the World B. Yes as God and so he gives all the Kingdoms of the World which nevertheless proceed from the consent of People either for fear or hope A. But this Gift of the Empire was in a more special Manner in such a Manner as Moses had the Government of Israel given him or rather as Joshua had it given him to go in and out before the People as the High Priest should direct him and so the Empire was understood to be given him on condition to be directed by the Pope for when the Pope inuested him with the Regal Ornaments the People all cryed out Deus dat that is to say 't is God that gives it and from that time all or most of the Christian Kings do put into their Titles the words Dei gratia that is by the gift of God and their Successors use still to receive the Crown and Scepter ●rom a Bishop 'T is certainly a very good Custom for Kings to be put in mind by whose gift they reign but it cannot from that Custom be infer'd that they receive the Kingdom by mediation from the Pope or by any other Clergy for the Popes themselves received the Papacy from the Emperor the first that ever was elected Bishop of Rome after Emperors were Christians and without the Emperors consent excused himself by Letter to the Emperor with this that the People and Clergy of Rome forced him to take it upon him and prayed the Emperor to confirm it which the Emperour did but with Reprehension of their Proceedings and prohibition of the like for the time to come the Emperour was Lotharius and the Pope Calixtus the first A. You see by this the Emperour never acknowledged this gift of God was the gift of the Pope but maintained the Popedom was the gift of the Emperour but in process of time by the negligence of the Emperour for the greatness of Kings makes them that they cannot easily descend into the obscure and narrow Mines of an ambitious Clergy they found means to make the people believe there was a Power in the Pope and Clergy which they ought to submit unto rather than unto the Commands of their own King whensoever it should come into Controversy and to that end devised and decreed many new Articles of Faith to the diminution of the Authority of Kings and to the disjunction of them and their Subjects and to a closer adherence of their Subjects to the Church of Rome's Articles either not at all found in or not well founded upon the Scripture as first That it should not be lawful for a Priest to Marry What influence could that have upon the Power of Kings do you not see that by this the King must of necessity either want the Priesthood and therewith a great part of the Reverence due to him from the most Religious part of his Subjects or else want lawful Heirs to succeed in by which means being not taken for the Head of the Church he was sure in any Controversy between Him and the Pope that his Subjects would be against him B. Is not a Christian King as much a Bishop now as the Heathen Kings were of old for amongst them Episcopus was a name common to all Kings Is not he a Bishop now to whom God hath committed the charge of all the Souls of his Subjects both of the Laity and of the Clergy And though he be in relation to our Saviour who is the chief Pasture of Sheep yet compared to his own Subjects they are all Sheep both Laick and Clergy and he only Shepheard and seeing a Christian Bishop is but a Christian indued with power to govern the Clergy it follows that every Christian King is not only a Bishop but an Archbishop and his whole Kingdom his Diocess and though it were granted that Imposition of Hands were necessary for a Priest yet seeing Kings have the power of Government of the Clergy that are the Subjects even before Baptism the Baptism it self wherein he is received as a Christian is a sufficient Imposition of Hands so that whereas before he was a Bishop now he is a Christian Bishop A. For my part I agree with you this Prohibition of Marriage to Priests came in about the time of Pope Gregory the Seventh and William the First King of England by which means the Pope had in England what with Secular and what with Regular Priests a great many lusty Batchelers at his Service Secondly That Auricular Confession to a Priest was necessary to Salvation 'T is true that before that time Confession to a Priest was usual and performed for the most part by him that Confessed in writing but that use was taken away about the time of King Edward the Third and Priests commanded to take Confessions from the Mouth of the Confitent and men did generally believe that without Confession and Absolution before their departure out of the World they could not be saved and having Absolution from a Priest they could not be damned You understand by this how much every man would stand in awe of the Pope and Clergy more than they would of the King and what inconveniency
France against King Henry the Fourth wherein the Kings had a more considerable part on their sides than the Pope had on his and shall always have so if they have money for there are but few whose Consciences are so tender as to refuse money when they want it but the great mischief done to Kings upon pretence of Religion is when the Pope gives power to one King to Invade another B. I wonder how King Henry the Eighth so utterly extinguished the Authority of the Pope in England and that without any Rebellion at home or any Invasion from abroad A. First The Priests Monks and Friars being in the heighth of their Power were now for the most part grown insolent and licentious and thereby the force of their Arguments was now taken away by the scandal of their lives which the Gentry and men of good education easily perceived and the Parliament consisting of such persons were therefore willing to take away their Power and generally the Common people which for a long time had been in love with Parliaments were not displeased therewith Secondly The Doctrine of Luther beginning a little before was now by a great many men of the greatest Judgments so well received as that there was no hope to restore the Pope to his Power by Rebellion Thirdly The Revenue of the Abbies and all other Religious Houses falling hereby into the Kings hands and by him being disposed of to the most eminent Gentlemen in every County could not but make them do their best to confirm themselves in the possession of them Fourthly King Henry was of a nature quick and severe in the Punishing of such as should be the first to oppose his designs Lastly As to Invasion from abroad if the Pope had given the Kingdom to another Prince it had been in vain for England is another manner of Kingdom than Navarre besides the French and Spanish Forces were imployed at that time one against another and though they had been at leasure they would have found perhaps no better success than the Spaniard found afterwards in 1588. Nevertheless notwithstanding the Insolence Avarice and Hypocrisy of the then Clergy and notwithstanding the Doctrine of Luther if the Pope had not provoked the King by endeavouring to cross his Marriage with his second Wife his Authority might have remained in England till there had risen some other quarrel B. Did not the Bishops that then were and had taken an Oath wherein was among other things that they should defend and maintain the Regal Rights of St. Peter the words are Regalia Sancti Petri which nevertheless some have said are Regulas Sancti Petri that is to say St. Peter's Rules or Doctrine and that the Clergy afterwards did read it being perhaps written in Shorthand by a mistake to the Pope's advantage Regalia Did not I say the Bishops oppose that Act of Parliament against the Pope's and against the taking of the Oath of Supremacy A. No I do not find the Bishops did many of them oppose the King for having no power without him it had been great imprudence to provoke his Anger there was besides a Controversy in those times between the Pope and the Bishops most of which did maintain that they exercised their Jurisdiction Episcopal in the Right of God as immediately as the Pope himself did exercise the same over the whole Church and because they saw that by this Act of the King in Parliament they were to hold their Power no more of the Pope and never thought of holding it of the King they were perhaps better content to let the Act of Parliament pass in the reign of King Edward the Sixth the Doctrine of Luther had taken such great root in England that they threw out a great many of the Pope's new Articles of Faith which Queen Mary succeeding him restored again together with all that had been abolished by King Henry the Eighth saving that which could not be restored the Religious Houses and the Bishops and Clergy of King Edward were partly burnt for Hereticks partly fled and partly recanted and they that fled betook themselves to those places beyond Sea where the Reformed Religion was either protected or not persecuted who after the decease of Queen Mary returned again to favour and preferment under Queen Elizabeth that restored the Religion of her Brother King Edward and so it had continued to this day excepting the interruption made in this late Rebellion of the Presbyterians and other Democra●ical men But thus the Romish Religion were now cast out by the Law yet there were abundance of people and many of them of the Nobility that still retained the Religion of their Ancestors who as they were not much molested in points of Conscience so they were not by their own Inclination very troublesom to the Civil Government but by the secret practice of the Jesuites and other Emissaries of the Roman Church they were made less quiet than they ought to have been and some of them to venture upon the most horrid Act that ever had been heard of before I mean upon the Gunpowder Treason and upon that account the Papists in England have been looked upon as men that would not be sorry for any disorders here that might possibly make way to the restoring of the Pope's Authority and therefore I named them for one of the distempers of the State of England in the time of our late King Charles B. I see that Monsieur du Plesis and Dr. Morton Bishop of Durham writing of the progress of the Pope's Power and intituling their Books one of them The Mystery of Iniquity the other The Grand Imposture were both in the right for I believe there was never such another cheat in the world And I wonder that the Kings and States of Christendom never perceived it A. It is manifest they did perceive it How else durst they make War against the Pope and some of them take him out of Rome it self and carry him away Prisoner but if they would have freed themselves from his Tyranny they should have agreed together and made themselves every one as Henry the Eighth did Head of the Church within their own respective dominions but not agreeing they let his Power continue every one hopeing to make use of it when there should be cause against his neighbour B. Now as to the other Distemper by Presbyterians How came their Power to be so great being of themselves for the most part but so many poor Scholars A. This Controversie between the Papist and Reformed Churches could not chuse but make every man to the best of his Power examine by the Scriptures which of them was in the right and to that end they were translated into Vulgar Tongues whereas be●●● the Translation of them was not allowed nor any man to read them but such as had express Licence so to do for the Pope did concerning the Scriptures the same that Moses did concerning Mount Sinai Moses suffered no man to
might do something that might look like Hostility It hapned in the year 1637. that the King by the advice as it is thought of the Arch-Bishop of Canterbury sent down a Book of Common Prayer into Scotland not differing in substance from ours nor much in words besides the putting of the word Presbyter for that of Minister commanding it to be used for Conformity to this Kingdom by the ministers there for an ordinary form of Divine Service this being read out the Church at Edinburgh caused such a Tumult there that he that read it had much adoe to escape with his life and gave occasion to the greatest part of the Nobility and others to enter by their own Authority into a Covenant amongst themselves to put down Episcopacy without consulting the King which they presently did animated thereto by their own Confidence or by assurance from some of the Democratical English men that in former Parliaments had been the greatest opposers of the King's interest that the King would not be able to raise an Army to chastise them without calling a Parliament which would be sure to favour them for the thing which those Democraticals chiefly then aimed at was to force the King to call a Parliament which he had not done of ten years before as having found no help but hinderance to his designs in the Parliaments he had formerly called Howsoever contrary to their expectation by the help of his better affected Subjects of the Nobility and Gentry he made a shift to raise a sufficient Army to have reduced the Scots to their former obedience if it had proceeded to Battle And with this Army he marched himself into Scotland where the Scotch Army was also brought into the Field against him as if they meant to fight but then the Scotch sent to the King for leave to treat by Commissioners on both sides and the King willing to avoid the destruction of his own Subjects condescended to it the issue was Peace and the King thereupon went to Edinburgh and passed an Act of Parliament there to their Satisfaction B. Did he not then confirm Episcopacy A. No but yielded to the abolishing of it but by the means the English were crossed in their hope of a Parliament but the Democraticals formerly opposers of the King's Interest ceased not to endeavour still to put the two Nations into a War to the end the King might buy the Parliament's help at no less a price than Soveraignty it self B. But what was the Cause that the Gentry and Nobility of Scotland were so averse from Episcopacy For I can hardly believe that their Consciences were extraordinarily tender nor that they were so very great Divines as to know what was the true Church Discipline established by our Saviour and his Apostles nor yet so much in love with their Ministers as to be over-ruled by them in the Government either Ecclesiastical or Civil for in their lives they were just as other men are Pursuers of their own Interests and Preferments wherein they were not more opposed by the Bishops than by their Presbyterian Ministers A. Truly I do not know I cannot enter into other mens thoughts farther than I am lead by the consideration of Human Nature in general But upon this consideration I see First That men of antient Wealth and Nobility are not apt to brook that poor Schollars should as they must when they are made Bishops be their Fellows Secondly That from the emulation of Glory between the Nations they be willing to see their Nation afflicted with Civil War and might hope by aiding the Rebels here to acquire some Power over the English at least so far as to establish here the Presbyterian Discipline which was also one of the points they afterwards openly demanded Lastly They might hope for in the War some great sum of money as a reward of their assistance besides great Booty which they afterwards obtained but whatsoever was the cause of their hatred to Bishops the pulling of them down was not all they aimed at if it had now that Episcopacy was abolished by Act of Parliament they would have rested satisfied which they did not for after the King was returned to London the English Presbyterians and Democraticals by whose favour they had put down Bishops in Scotland thought it reason to have the assistance of the Scotch for the pulling down of Bishops in England and in order thereunto they might perhaps deal with the Scots secretly to rest unsatisfied with that pacification which they were before contented with howsoever it was not long after the King was returned to London they sent up to some of their friends at Court a certain Paper containing as they pretended the Articles of the said Pacification a false and Scandalous Paper which was by the King's Command burnt as I have heard publickly and so both parts returned to the same Condition as they were in when the King went down with his Army B. And so there was a great deal of Money cast away to no purpose but you have not told me who was General of that Army A. I told you the King was there in Person he that commanded under him was the Earl of Arundel a man that wanted not either Valour o● Judgement but to proceed to Battle or to Treaty was not in his Power but in the King 's B. He was a man of a most Noble and Loyal Family and whose Ancestors had formerly given a great overthrow to the Scots in their own Countrey and in all likelihood he might have given them the like now if they had Fought A. He might indeed but it had been but a kind of Superstition to have made him General upon that account though many Generals heretofore have been chosen for the good luck of their Ancestors in the like occasions In the long War between Athens and Sparta a General of the Athenians by Sea won many Victories against the Spartans for which cause after his death they chose his Son for General with ill success The Romans that Conquered Carthage by the Valor and Conduct of Scipio when they were to make War again in Africk against Caesar chose another Scipio a man Valiant and Wise enough but he perished in the imployment And to come home to our own Nation the Earl of Essex made a fortunate Expedition to Cadiz but his Son sent afterwards to the same place could do nothing 'T is but a foolish Superstition to hope that God has entailed success in War upon a Name or Family B. After the Pacification broken what succeeded next A. The King sent Duke Hamilton with Commission and Instructions into Scotland to call a Parliament there but all was to no purpose and to use all the means he could otherwise but the Scots were resolved to raise an Army and to enter into England to deliver as they pretended their grievances to his Majesty in a Petition because the King they said being in the hands of evil Councellors they could
also they presently did giving out all the way that their march should be without damage to the Country and that their Errand was onely to deliver a Petition to the King for the redress of many pretended Injuries they had received from such of the Court whose Counsel the King most followed so they passed through Northumberland quietly till they came to a Ford in the River of Tine a little above Newcastle where they found some little opposition from a party of the King's Army sent thither to Stop them whom the Scots easily mastered and as soon as they were over seized upon Newcastle and coming farther on upon the City of Duresme and sent to the King to desire a Treaty which was granted and the Commissioners on both sides met at Rippon the conclusion was that all should be referred to the Parliament which the King should call to meet at Westminster the third of November following in the same year 1640. And thereupon the King returned to London B. So the Armies were disbanded A. No The Scotch Army was to be defrayed by the Counties of Northumberland and Duresme and the King was to pay his own till the disbanding of both should be agreed upon in Parliament B. So in effect both the Armies were maintained at the King's charge and the whole Controversie to be desided by a Parliament almost wholly Presbyterian and as Partial to the Scotch as themselves could have wished A. And yet for all this they durst not presently make War upon the King there was so much yet left of Reverence to him in the Hearts of the People as to have made them odious if they had declared what they intended they must have some colour or other to make it be believed that the King made War first upon the Parliament And besides they had not yet sufficiently disgraced him in Sermons and Pamphlets nor removed from about him those they thought could best counsel him therefore they resolved to proceed with him like skilfull hunters First to single him out by men disposed in all parts to drive him into the open field and then in case he should not seem to turn head to call that making a War against the Parliament And first They called in question such as had either Preached or written in defence of those Rights which belonging to the Crown they meant to usurp and take from the King to themselves whereupon some few Writers and Preachers were imprisoned or forced to fly The King not protecting these they proceeded to call in question some of the King 's own Actions in his Ministers whereof they Imprisoned some and some went beyond Sea and whereas certain persons having endeavoured by Book and Sermons to raise Sedition and committed other Crimes of high Nature had therefore been censured by the Kings Council in the Star-Chamber and Imprisoned the Parliament by their own Authority to try it seems how the King and the People would take it for their Persons were inconsiderable ordered their setting at Liberty which was accordingly done with great Applause of the People that flocked about them in London in manner of a Triumph This being done without resistance the Kings Right to Ship-mony B. Ship-mony What 's that A. The Kings of England for the defence of the Sea had power to Tax all the Counties of England whether they were Maritine or not for the Building and furnishing of Ships which Tax the King had then lately found cause to impose and the Parliament exclaimed against it as an oppression and one of their members that had been Taxed but 20 shillings mark the Oppression a Parliament-man of 500 lb. a year Land Taxed at 20 shillings they were forced to bring it to a Trial at Law he refusing payment and he was cast again when all the Judges of Westminster were demanded their opinions concerning the legality of it of Twelve that there are it was judged Legal by Ten for which though they were not punished yet they were affrighted by the Parliament B. What did the Parliament mean when they did exclaim against it as illegal Did they mean it was against Statute Law or against the Judgments of Lawyers given heretofore which are commonly called Reports or did they mean it was against Equity which I take to be the ●ame with the Law of Nature A. It is a hard matter or rather impossible to know what other men mean especially if they be crafty but sure I am Equity was not their Ground for their pretence of Immunity from Contributing to the King but at their own pleasure for when they have laid the Burthen of defending the whole Kingdom and Governing it upon any person whatsoever there is little Equity he should depend on others for the means of performing it or if he do they are his Soveraign not he theirs and as for the Common Law contained in Reports they have no force but what the King gives them besides it were unreasonable that a corrupt or foolish Judge's unjust Sentence should by any time how long soever obtain the authority and force of a Law but amongst the Statute Laws there is one called Magna Charta or The great Charter of the Liberties of English men in which there is one Article that no man shall be distrained that is have his Goods taken from him otherwise than by the Law of the Land B. Is not that a sufficient ground for their purpose A. No that leaves us in the same doubt which you think it clears for where was the Law of the Land then Did they mean another Magna Charta that was made by some King more antient yet No that Statute was made not to exempt any man from payments to the Publick but for securing of every man from such as abused the King's Power by surreptitious obtaining of the King's Warrants to the oppressing of those against whom he had any Suite in Law but it was conducing to the end of some rebellious Spirits in this Parliament to have it interpreted in the wrong sense and suitable enough to the understanding of the rest or most part of them to let it pass B. You make the members of that Parliament very simple men and yet the People chose them for the wisest of the Land A. If Craft be Wisedom they were wise enough but Wise as I de●ino it is he that knows how to bring his business to pass without the Assistance of Knavery and ignoble shifts by the sole strength of his good contrivance a Fool may win from a better Gamester by the advantage of false Dice and Packing of Cards B. According to your difinition there be few wise men now adays such Wisedome is a kind of Gallantry that few are brought up to and most think Folly fine Cloaths great Feathers Civility towards men that will not swallow Injuries and Injury towards them that will is the present Gallantry but when the Parliament afterwards having gotten the power into their hands levied money to their
the honour of God if it be the Presbyterians fail in that A. Why so They kept some Holy Days and they had Feasts among themselves though not upon the same Days that the Church Ordains but when they thought fit as when it pleased God to give the King any notable Victory and they govern'd themselves in this point by the Holy Scriptures as they pretend to be and can prove they did not believe so B. Let us pass over all other Duties and come to that Duty which we owe to the King and consider whether the Doctrine taught by these Divines which adhered to the King be such in that point as may justifie the Presbyterians that incited the People to Rebellion for that 's the thing you call in Question A Concerning our Duty to our Rulers he hath these words An obedience we must pay either Active or Passive the Active in the Case of all Lawfull Commands that is whenever the Magistrate Commands something which is not contrary to some Command of God we are then bound to Act according to that Command of the Magistrate to do the thing he requires but when he enjoyns any thing contrary to what God hath Commanded we are not then to pay him this 〈◊〉 obedience we may nay we must refuse thus to Act yet here we must be very well ass●r'd that the thing is so contrary and not pretend Conscience for a Cloak of stubborness we are in that case to obey God rather than men but even this is a season for the Passive obedience we must patiently suffer what he inflicts on us for such refusal and not to secure our selves rise up against him B. What is there in this to give Colour to the late Rebellion A. They will say they did it in obedience to God inasmuch as they did believe it was according to the Scripture out of which they will bring perhaps examples of David and his Adherents that resisted King Saul and of the Prophets afterwards that vehemently from time to time Preached against the Idolatrous Kings of Israel and Judah Saul was their Lawfull King and yet they Paid him neither Active nor Passive obedience for they did put themselves into a posture of defence against him though David himself spared his Person and so did the Presbyterians put into their Commission to their General that they should spare the Kings-Person besides you cannot doubt but that they who in the Pulpit did animate the People to take Arms in defence of the then Parliament alleadged Scripture that is the Word of God for it if it be lawful then for Subjects to resist the K. when he Commands any thing against the Scripture that is contrary to the Command of God and to be Judge of the meaning of the Scripture it is impossible that the Life of any King or the Peace of any Christian Kingdom can be long secure It is this doctrine that divides a Kingdom within it self whatsoever the men be Loyal or Rebels that Write or Preach it publickly And thus you see that if those seditious Ministers be tryed by this Doctrine they will come off well enough B. I see it and wonder at People that having never spoken with God Almighty nor knowing one more than another what he hath said when the Laws and the Preacher disagree should so keenly follow the Minister for the most part an ignorant though a ready tongu'd Scholar rather than the Laws that were made by the King with the consent of the Peers and the Commons of the Land A. Let us examine his words a little nearer First concerning passive Obedience when a Thief hath broken the Laws and according to the Law is therefore executed can any Man understand that this suffering of his is an obedience to the Law Every Law is a Command to do or to forbear neither of these is fulfilled by suffering If any suffering can be called obedience it must be such as is voluntary for no involuntary Action can be counted a submission to the Law He that means that his suffering should be taken for obedience must not only not resist but also not fly nor hide himself to avoid his punishment And who is there among them that discourses of passive obedience when his life is in extream danger that will voluntarily present himself to the Officers of Justice Do not we see that all Men when they are led to execution are both bound and guarded and would break loose if they could and get away Such is their passive Obedience Christ saith the Scribes and Pharisees sate in Moses Chair all therefore whatsoever they bid you observe that observe and do Mat. 23. 3. which is a doing an active Obedience and yet the Scribes and Pharisees appear not by the Scripture to have been such Godly men as never to command any thing against the Revealed will of God B. Must Tyrants also be obeyed in every thing actively or is there nothing wherein a Lawful Kings Commands may be disobeyed what if he should command me with my own hands to Execute my Father in Case he should be Condemned to Dye by the Law A. This is a Case that need not be put We never have read nor heard of any King or Tyrant so inhumane as to command it if any did we are to consider whether that Command were one of his Laws for by disobeying Kings we mean disobeying his Laws those his Laws that were made before they were applied to any particular person for the King though as a Father of Children and a Master of domestick Secrets yet commands the people in general never but by a precedent Law and as a Publick not a Natural person and if such a Command as you speak of were contrived into a general Law which never was nor never will be you were bound to obey it unless you depart the Kingdom after the publication of the Law and before the Condemnation of your Father B. You Author says farther in refusing Active obedience to the King that Commanded any thing contrary to God's Law we must be very well assured that the thing is so contrary I would sain know how is it possible to be assured A. I think you do not believe that any of those Refusers do immediately from God's own Mouth receive any Command contrary to the Command of the King who is God's Lieutenant nor any other way than you and I do that is to say than by the Scriptures and because men do for the most part rather draw the Scripture to their own sense then follow the true sense of the Scripture there is no other way to know certainly and in all cases what God Commands or forbids us to do but by the sentence of him or them that are constituted by the King to determine the sence of the Scriptures upon hearing of the particular Case of Conscience which is in question and they that are so constituted are easily known in all Christian Commonwealths whether they be Bishops
every Man that reads it and interprets it to himself or by a private Spirit to every private Man These and the like points are the study of the curious and the cause of all our late mischief and the cause that makes the plainer sort of men whom the Scriptures had taught belief in Christ love towards God obedience towards the King and sobriety of Behaviour forget it all and place their Religion in the Disputable Doctrines of these your wise Men. A. I do not think these men fit to interpret the Scriptures to the rest nor do I say that the rest ought to take their interpretation for the word of God Whatsoever is necessary for them to know more does them no good but in case any of these unnecessary Doctrines shall be Authorized by the Laws of the King or other state I say it is the duty of every Subject not to speak against them in asmuch as 't is every Mans Duty to obey him or them that have the Sovereign power and the wisdom of all such powers to punish such as shall publish or teach their private Interpretations when they are contrary to the Law and likely to incline men to sedition or disputing against the Law B. They must punish then the most of those that have had there breeding in the Universities for such curious questions in Divinity are first started in the Universities and so are all those politick questions concerning the Rights of Civil and Ecclesiastical Government and there they are furnished with arguments for liberty out of the works of Aristotle Plato C●cero Se●ica and 〈◊〉 of the Histories of 〈…〉 for their disputation against the 〈…〉 power of their 〈…〉 therefore I dispare of any 〈…〉 our selves till the 〈…〉 their studies to the 〈…〉 obedience to the Laws of the 〈…〉 to his publick Edicts under the great Seal of England for I make no doubt but that solid reason backt with the Authority of so many learned men will more prevail for the keeping of us in peace within our selves than any victory can do over the Rebells but I am afraid 't is unpossible to bring the Universities to such a compliance with the Actions of state as is necessary for the Business seeing the Universities have heretofore from time to time maintain'd the Authority of the Pope contrary to all Laws Divine Civil and Natural against the Right of our Kings why can they not as well when they have all manner of Laws and Equity on their side maintain the Rights of him that is both sovereign of the Kingdom and Head of the Church B. Why then were they not in all points for the Kings power presently after that King Henry the 8. was in Parliament declared Head of the Church as much as they were before for the Authority of the Pope A. Because the Clergy in the Universities by whom all things there are Govern'd and the Clergy without the Universities as well Bishops as inferiour Clerks did think that the pulling down of the Pope was the setting up of them as to England in his place and made no question the greatest part of them but that their spiritual power did depend not upon the Authority of the King but of Christ himself derived to them by successible Imposition of hands from Bishop to Bishop notwithstanding they knew that this derivation passed through the hands of Popes Bishops whose Authority they had cast off for though they were content that the Divine right which the Pope pretended to in England should be denied him yet they thought it not so fit to be taken from the Church of England whom they now supposed themselves to represent It seems they did not think it reasonable that a Woman or a Child or a Man that could not construe the Hebrew Greek or Latin Bible nor know perhaps the declensions and Conjugations of Greek or Latin Nounes and Verbs should take upon him to govern so many learned Doctors in matters of Religion meaning matters of Divinity for Religion has been for a long time and is now by most people taken for the same thing with Divinity to the great advantage of the Clergie B. And especially now amongst the Presbyterians for I see few that are esteemed by them very good Christians besides such as can repeat their Sermons and wrangle for them about the Interpretation of the Scripture and fight for them also with their Bodies or purses when they shal be required to believe in Christ is nothing with them unless you believe as they bid you Charity is nothing with them unless it be Charity and liberality to them and partaking with them in faction How we can have peace while this is our Religion I cannot tell Haeret Laterilethalis arundo The seditious Doctrine of the Presbyterians hath been stuck so hard in the Peoples heads and memories I cannot say into their hearts for they understood nothing in it but that they may lawfully rebel That I fear the Common-wealth will never be cured A. The 2 Great vertues that were severally in Henry the 7. Henry the 8. When they shall be Joyntly in one King will easily cure it that of Henry the 7 was without much noise of the people to ●ill his Coffers that of Henry the 8 was an early severity but this without the former cannot be exercised B. This that you say looks me thinks like an advice to the King to let them alone till he have gotten ready money enough to levy and maintain a sufficient Army and then to fall on them and destroy them A. God forbid that so horrible Unchirstian and unhuman design should ever enter into the Kings heart I would have him have money enough readily to raise an Army able to suppress any Rebellion and to take from the Enemies all hope of success that they may not dare to trouble him in the Reformation of the Universities but to put none to death without the A●tual committing such crimes as are already made Capital by the Laws the Core of Rebellion as you have seen by this and read of other Rebellions are the Universities which nevertheless are not to be cast away but to be better disciplin'd that is to say that the Politicks there taught be made to be as true poli●icks should be such as are fit to make men know that it is their duty to obey a● Laws whatsoever that shall be by the Authority of the King enacted till by the same Authority they shall be repeal'd su●● as are fit to make Men understand that the Civil Laws are Gods Laws as they that make them to make Men know that the people and the Church are one thing and have but one Head the ●ing and that no Man has Title to Govern under him that has it not from him that the King owes his Crown to God onl● and to no Man Ecclesiastick or other and that the Religion they teach there be a quiet waiting ●or the coming again of our blessed Saviour and
Howsoever let me know what light we have in this matter from the Roman Histories A. It would be too long and an useless digression to cite all the Antient Authors that speake of the formes of those Common-wealths which were amongst our first Ancesters the Saxons and other Germans and of other Nations from whom we derive the Titles of Honour now in use in England nor will it be possible to derive from them any Arguments of Right but only examples of fact which by the Ambition of Potent Subjects have been oftner unjust then otherwise and for those Saxons or Angels that in Antient times by several Invasions made themselves Masters of this Nation they were not in themselves one Body of a Common-wealth but only a League of Divers Petty German Lords and states such as was the Graecian Army in the Trojan War without other Obligations than that which proceeded from their own fear and weakness nor were these Lords for the most part the soveraigns at home in their own Country but chosen by the People for the Captains of the forces they brought with them And therefore it was not without Equity that when they had conquer'd any part of the Land and made some one of them King thereof the rest should have greater Priviledges than the Common People and Souldiers amongst which Priviledges a man may easily conjecture this to to be one That they should be made acquainted and be of Council with him that hath the Soveraignty in matters of Government and have the greatest and most honourable Offices both in Peace and War But because there can be no Government where there is more than one Soveraign it cannot be inferr'd that they had a Right to oppose the Kings Resolutions by force nor to enjoy those honours and places longer than they should continue good Subjects And we find that the Kings of England did upon every great occasion call them together by the name of Discreet and Wise men of the Kingdom and hear their Councils and make them Judges of all Causes that during their Sitting were brought before them But as he summon'd them at his own pleasure so had he also ever at his pleasure power to Dissolve them The Normans also that Descended from the Germans as we did had the same Customs in this particular and by this means this Priviledge have the Lords to be of your Kings great Council and when they were assembled to be the highest of the Kings Court of Justice continued still after the Conquest to this day But though there be amongst the Lords divers Names or Titles of Honour yet they have their Priviledge by the only name of Baron a name receiv'd from the Antient Gauls amongst whom that name signified the King's Man or rather one of his great Men By which it seems to me that though they gave him Council when he requir'd it yet they had no Right to make War upon him if he did not follow it B. When began first the House of Commons to be part of the King 's great Council A. I do not doubt but that before the Conquest some Discreet Men and known to be so by the King were called by special Writ to be of the same Council though they were not Lords But that is nothing to the House of Commons the Knights of Shires and Burgesses were never called to Parliament for ought that I know till the beginning of Edward the first or the latter end of the Reign of Henry the third immediately after the mis behaviour of the Barons and for ought any man knows were called on purpose to weaken that Power of the Lords which they had so freshly abused Before the time of Henry the third the Lords were Descended most of them from such as in the Invasions and Conquests of the Germans were Peers and Fellow Kings till one was made King of them all and their Tenants were their Subjects as it is at this day with the Lords of France But after the time of Henry the third the Kings began to make Lords in the place of them whose Issue fail'd Titularly only without the Lands belonging to their Title and by that means their Tenants being bound no longer to serve them in the Wars they grew every day less and less able to make a Party against the King though they continued still to be his Great Council And as their Power decreased so the Power of the House of Commons increased But I do not find that they were part of the Kings Council at all nor Judges over other men though it cannot be denied but a King may ask their advice as well as the advice of any other But I do not find that the end of their summoning was to give advice but only in case they had any Petitions for Redress of Grievances to be ready there with them whilst the King had his Great Council about him But neither they nor the Lords could present to the King as a Grievance That the King took upon him to make the Laws to chuse his own Privy Council to raise Money and Souldiers to defend the Peace and Honour of the Kingdom to make Captains in his Army to make Governours of his Castle whom he pleased for this had been to tell the King that it was one of their Grievances that he was King B. What did the Parliament do whilst the King was in Scotland A. The King went in August after which the Parliament September the 8th adjourn'd till the 20th of October and the King return'd about the end of November following in which time the most Seditious of both Houses and which had Designed the Change of Government and to cast off Monarchy but yet had not wit enough to set up another Government in its place and consequently lest it to the Chance of War made a Cabal amongst themselves in which they projected how by seconding one another to Govern the House of Commons and invented how to put the Kingdom by the Power of that House into a Rebellion which they then called a posture of Defence against such Dangers from abroad as they themselves should feign and publish Besides whilst the King was in Scotland the Irish Papists got togeter a great Party with an Intention to Massacre the Protestants there and had laid a Design for the seizing of Dublin Castle October the 20th where the King's Officers of the Government of the County made their Residence and had effected it had it not been Discovered the night before The Manner of the Discovery and the Murders they committed in the Country afterwards I need not tell you since the whole story of it is extant B. I wonder they did not expect provide for a Rebellion in Ireland as soon as they began to quarrel with the King in England For was there any body so ignorant as not to know that the Irish Papists did long for a Change of Religion there as well as the Presbyterians in England Or that in
a greater skill in the Scriptures than other men have by reason of their breeding in the Universities and knowledge there gotten of the Latin Tongue and some also of the Greek and Hebrew Tongues wherein the Scrlptures was written besides their knowledge of Natural Philosophy which is there publickly taught B. As for the Latin Greek and Hebrew it was once to the Detection of the Roman Fraud and to the Ejection of the Romish Power very profitable or rather necessary But now that is done and we have the Scripture in English and Preaching in English I see no great need of Latin Greek and Hebrew I should think my self better qualified by understanding well the Languages of our Neighbours French Dutch and Italian I think it was never seen in the world before the Power of Popes was set up that Philosophy was much conducing to Power in a Common-wealth A. But Philosophy together with Divinity hath very much conduced to the Advancement of the Professors thereof to places of the greatest Authority next to the Authority of Kings themselves in most of the Antient Kingdoms of the world as is manifestly to be seen in the History of those times B. I pray you cite me some of the Authors and places A. First what were the Druids of old time in Britany and France what Authority these had you may see in Caesar Strabo and others and especially in Diodorus Siculus the greatest Antiquary perhaps that ever was who speaking of the Druids which he calls Sarovides in France says thus There be also amongst them certain Philosophers and Theologians that are exceedingly honoured whom they also use as Prophets These men by their skill in Augury and Inspection into the Bowels of Beasts sacrificed foretell what is to come and have the multitude in obedience to them and a little after It is a custom amongst them that no man may sacrifice without a Philosopher because say they men ought not to present their Thanks to the Gods but by them that know the Divine Nature and are as it were of the same Language with them and that all good things ought by such as these to be prayed for B. I can hardly believe that those Druids were very skilful either in Natural Philosophy or Moral A. Nor I for they held and taught the Transmigration of souls from one body to another as did Pythagoras which Opinion whether they took from him or he from them I cannot tell What were the Magi in Persia but Philosophers and Astrologers you know how they came to find our Saviour by the Conduct of a Star either from Persia it self or from some Country more Eastward than Judea were not these in great Authority in their Country And are they not in most part of Christendom thought to have been Kings Aegypt hath been thought by many the most Antient Kingdom and Nation of the world and their Priests had the greatest power in Civil Affairs that any Subject ever had in any Nation And what were they but Philosophers and Divines Concerning whom the same Diodorus Siculus saies thus The whole Country of Egypt being divided into three parts the Body of the Priests have One as being of most credit with the people both for their Devotion towards the Gods and also for their Understanding gotten by Education and presently after for generally those men in the greatest Affairs of all the King's Councillors partly Executing and partly Informing and Advising foretelling him also by their skill in Astrology and Art in the Inspection of Sacrifices the things that are to come and reading to him out of their Holy Books such of the Actions there recorded as are profitable for him to know 'T is not there as in Greece one man or one woman that has the Priesthood but they are many that attend the Honours and Sacrifices of the Gods and leave the same Imployment to their posterity which next to the King have the greatest Power and Authority concerning the Judicature amongst the Aegyptians he saith thus from out of the most eminent Cities Hieropolis Thebes and Memphis they those Judges which are a Council not inferiour to that of Areopagus in Athens or that of the Senate in Lacedaemon when they are met being in number thirty they chuse one from among themselves to be Chief Justice and the City whereof he is sendeth another in his place This Chief Justice wore about his neck hung in a gold Chain a Jewel of precious Stones the name of which Jewel was Truth which when the Chief Justice had put on then began the Pleading c. And when the Judges had agreed on the Sentence then did the Chief Justice put this Jewel of Truth to one of the Pleas. You see now what power was acquir'd in Civil matters by the Conjuncture of Philosophy and Divinity Let us come now to the Common-wealth of the Jews was not the Priesthood in a Family namely the Levites as well as the Priesthood of Aegypt Did not the High Priest give Judgment by the Breastplate of Urim and Thummim Look upon the Kingdom of Assyria and the Philosophers and Chaldaeans had not they Lands and Cities belonging to their Family even in Abraham's time who dwelt you know in Ur of the Chaldaeans of these the same Author says thus The Chaldaeans are a Sect in Politicks like to that of the Aegyptian Priests for being ordained for the service of the gods they spend the whole time of their life in Philosophy being of exceed●ng great reputation in Astrology and pretending much also to Prophecy foretelling things to come by Purifications Sacrifices and to find out by certain Incantations the preventing of harm and the bringing to pass of good They have also skill in Augury and in the Interpretation of Dreams and Wonders nor are they unskilful in the Art of Foretelling by the Inwards of Beasts sacrificed and have their Learning not of the Greeks for the Philosophy of the Chaldaeans goes to their Family by Tradition and the Son receives it from his Father From Assyria let us pass into India and see what esteem the Philosophers had there The whole Multitude says Diodoru of the Indians is divided into seven parts whereof the first is the Body of the Philosophers for number the least but for eminency the first for they are free from Taxes and as they are not Masters of others so are no others Masters of them By private Men they are called to the Sacrifices and to the care of Burials of the Dead as being thought most beloved of the gods and skilful in the Doctrine concerning Hell and for this Imployment receive Gifts and Honours very considerable They are also of great Use to the People of India for being taken at the beginning of the year in the great Assembly they foretell them of great D●ouths great Rains also of Winds and of Sicknesses and of whatsoever is profitable for them to know beforehand The same Author concerning the Laws of the Aethiopians saith
thus The Laws of the Aethiopians seem very different from those of other Nations and especially about the Election of their Kings for the Priests propound some of the Chief Men among them named in a Catalogue and when the God which according to a certain Custom is carried about to Feastings does accept of him the Multitude Elect for their King and presently adore and honour him as a God put into the Government by Divine Providence The King being chosen he has the manner of his Life limited to him by the Laws and does all other things according to the Custom of the Country neither rewarding nor punishing any man otherwise than from the begining is establisht amongst them by Law nor use they to put any man to death though he be condemn'd to it but to send some Officer to him with a Token of Death who seeing the Token goes presently to his own house and kills himself presently after But the strangest thing of all is that which they do concerning the Death of their Kings for the Priests that live in Meroe and spend their time about the worship and honour of the gods and are in greatest Authority when they have a mind to it send a Messenger to the King to bid him die for that the gods have given such order and that the Commandments of the Immortals are not by any means to be neglected by those that are by nature Mortal using also other speeches to him with men of simple Judgment that have not reason enough to dispute against those unnecessary Commands as being educated under an old and indelible Custom are content to admit of therefore in former times the Kings did obey the Priests not as mastered by force and Arms but as having their reason mastered by superstition But in the time of Ptolomy the second Ergamenes King of the Aethiopians having had his Breeding in Philosophy after the manner of the Greeks being the first that durst dispute their power took heart as befitted a King came with souldiers to a place called Abaton where was then the golden Temple of the Aethiopians killed all the Priests abolished the Custom and rectified the Kingdom according to his will B. Though they that were kill'd were most damnable Impostors yet the Act was cruel A. It was so But were not the Priests cruel to cause their Kings whom a little before they adored as Gods to make away themselves The King kill'd them for the safety of his person they him out of Ambition or love of Change The King's Act may be coloured with the good of his People the Priests had no pretence against their Kings who were certainly very godly or else would never have obeyed the Command of the Priests by a Messenger unarmed to kill themselves Our late King the best King perhaps that ever was you know was murdered having been first persecuted by War at the Incitement of Presbyterian Ministers who are therefore guilty of the Death of all that fell in that War which were I believe in England Scotland and Ireland near one hundred thousand persons Had it not been much better that those seditious Ministers which were not perhaps a thousand had been all kill'd before that they had Preached It had been I confess a great Massacre but the killing of a hundred thousand is a greater B. I am glad the Bishops were out at this business as ambitious as some say they are it did not appear in that business for they were Enemies to them that were in it A. But I intend not by these Quotations to commend either the Divinity nor the Philosophy of those Heathen People but to shew only what the Reputation of those Sciences can effect among the People For their Divinity was nothing but Idolatry and their Philosophy excepting the knowledge of the Aegyptian Priests and from them the Chaldaeans had gotten by long Observation and Study in Astronomy Geometry and Arithmetick very little and that in great part abused in Astrology and Fortune-telling whereas the Divinity of the Clergy in this Nation now considered apart from the mixture that has been introduced by the Church of Rome and in part retained here of the babling Philosophy of Aristotle and other Greeks that has no Affinity with Religion and serves only to breed Disaffection Dissention and finally Sedition and Civil War as we have lately found by dear Experience in the Differences between the Presbyterians and Episcopals is the true Religion But for these Differences both Parties as they were in Power not only suppressed the Tenents of one another but also whatsoever Doctrine lookt with an ill aspect upon their Interest and consequently all true Philosophy especially Civil and Moral which can never appear propitious to Ambition or to an Exemption from Obedience due to the Soveraign Power After the King had accused the Lord Kimbolton a Member of the Lords House and Hollis Hasl●rig Hampden Prinn and Stroud Five Members of the Lower House of High Treason and after the Parliament had Voted out the Bishops from the House of Peers they pursued especially two things in their Petitions to His Majesty the one was that the King would declare who were the persons that advised him to go as he did to the Parliament-House to apprehend them and that he would leave them to the Parliament to receive condign punishment and this they did to stick upon His Majesty the dishonour of Deserting his Friends and betraying them to his Enemies the other was that he would allow a Guard out of the City of London to be commanded by the Earl of Essex for which they pretended they could not else sit in safety which pretence was nothing but an upbraiding of His Majesty for coming to Parliament better accompanied than ordinary to seize the said five seditious Members B. I see no reason in petitioning for a Guard they should determine it to the City of London in particular and the Command by name to the Earl of Essex unless they meant the King should understand it a Guard against himself A. Their meaning was that the King should understand it so and as I verily believe they meant he should take it as an affront and the King himself understanding it so denied to grant it though he were willing if they could not otherwise be satisfied to Command such a Guard to wait upon them as he would be responsible for to God Almighty Besides this the City of London petition'd the King put upon it no doubt by some Members of the Lower House to put the Tower of London into the hands of persons of Trust meaning such as the Parliament should approve of And so appoint a Guard for the safety of His Majesty and the Parliament This method of bringing petitions in a Tumultary Manner by great Multitudes of Clamorous people was ordinary with the House of Commons whose Ambition could never have been served by way of Prayer and Request without extraordinary terror After the King had waved the
prosecution of the Five Members but denied to make known who had advised Him to come in person to the House of Commons they questioned the Attorney General who by the King's Command had Exhibited the Articles against them and voted Him A Breaker of the Priviledge of Parliameut And no doubt had made him feel their Cruelty if he had not speedily fled the Land About the end of January they made an Order of both Houses of Parliament to prevent the going over of Popish Commanders into Ireland not so much fearing that as that by this the King Himself choosing his Commanders for that Service might aid Himself out of Ireland against the Parliament But this was no great matter in respect of a Petition they sent His Majesty about the same time that is to say about the Twenty seventh or Twenty eighth of January 1641. wherein they desired in effect the absolute Sovereignty of England though by the name of Sovereignty they challeng'd it not whil'st the King was living for to the End that the Fears and Dangers of this Kingdom might be removed and the mischievous Designs of those who are Enemies to the Peace of it might be prevented they pray that His Majesty would be pleased to put forthwith First The Tower of London Secondly All other Forts Thirdly The whole Militia of the Kingdom into the hands of such persons as should be recommended to him by both the Houses of Parliament And this they stile a necessary Petition B. Were there really any such Fears and Dangers generally conceived here or did there appear any Enemies at that time with such Designs as are mentioned in the Petition A. Yes but no other fear of Danger but such as discreet and honest Men might justly have of the Designs of the Parliament it self who were the greatest Enemies to the Peace of the Kingdom that could possibly be 'T is also worth observing that this Petition began with these words Most Gracious Sovereign so stupid they were as not to know that he that is Master of the Militia is Master of the Kingdom and consequently is in possession of a most absolute Sovereignty The King was now at Winsor to avoid the Tumults of the Common People before the Gates at Whitehall together with the Clamors and Affronts there the Ninth of February after he came to Hampton Court and thence went to Dover with the Queen and the Princess of Orange his Daughter where the Queen with the Princess of Orange embarked for Holland but the King returned to Greenwich whence he sent for the Prince of Wales and the Duke of York and so went with them towards York B. Did the Lords join with the Commons in this Petition for the Militia A. It appears so by the Title but I believe they durst not but do it the House of Commons took them but for a Cypher Men of Title onely without real power but they were very much mistaken for the House of Commons never intended they should be sharers in it B. What Answer made the King to this Petition A. That when He shall know the Extent of Power which is intended to be established in those persons whom they desire to be the Commanders of the Militia in the several Counties and likewise to what time it shall be limited that no Power shall be Executed by His Majesty alone without the advice of Parliament then he will declare that for the securing them from all Dangers or Jealousies of any then His Majesty will be content to put into all the places both Forts and Militia in the several Counties such persons as both the Houses of Parliament shall either approve or recommend unto him so that they declare before unto His Majesty the names of the persons whom they approve or recommend unless such persons shall be nam'd against whom he shall have just and unquestionable Exceptions B. What Power For what Time And to whom did the Parliament grant concerning the Militia A. The same Power which the King had before planted in his Lieutenants and his Deputy-Lieutenants in the several Counties and without other limitation of time but their own pleasure B. Who were the Men that had this Power A. There is a Catalogue of them Printed they are very many and most of them Lords nor is it necessary to have them nam'd for to name them is in my opinion to brand them with the mark of Disloyalty or of Folly When they had made a Catalogue of them they sent it to the King with a new Petition for the Militia Also presently after they sent a Message to His Majesty praying Him to leave the Prince at Hampton Court but the King granted neither B. Howsoever it was well done of them to get Hostages if they could of the King before He went from them A. In the mean time to raise Mony for the reducing of Ireland the Parliament invited Men to bring in Mony by way of Adventure according to these Propositions First That two Millions and five hundred thousand Acres of Land in Ireland should be assigned to the Adventurers in this proportion For an Adventure of 200 l. 1000 Acres in Ulster 300 l. 1000 Acres in Conaught 450 l. 1000 Acres in Munster 600 l. 1000 Acres in Leinster All according to English Measure and consisting of Meadow arable and profitable Pasture Bogs Woods and Barren Mountains being cast in over and above Secondly A Revenue was reserv'd to the Crown from 1d to 3d. on every Acre Thirdly That Commissions should be sent by the Parliament to erect Mannors settle Wastes and Commons maintain preaching Ministers to create Corporations and to regulate Plantations The rest of the Propositions concern only the times and manner of payment of the Sums subscribed by the Adventurers and to those Propositions His Majesty assented but to the Petition for the Militia His Majesty denied His Assent B. If He had not I should have thought it a great Wonder What did the Parliament after this A. They sent Him another Petition which was presented to Him when He was at Theobalds in his way to York wherein they tell Him plainly That unless He be pleased to assure them by those Messengers them sent that He would speedily apply His Royal Assent to the satisfaction of their former Desires they shall be forc'd for the Safety of His Majesty and His Kingdoms to dispose of the Militia by the Authority of both Houses c. They Petition'd His Majesty also to let the Prince stay at St. James 's or some other of His Majesties Houses near London They tell him also That the Power of Raising Ordering and Disposing of the Militia cannot be granted to any Corporation without the Authority and Consent of Parliament And those Parts of the Kingdom that have put themselves into a posture of Defence have done nothing therein but by direction of both Houses and what is justifiable by the Laws of this Kingdom B. What Answer made the King to this A. It
was a putting of themselves into Arms and under Officers such as the Parliament should approve of Fourthly They Voted that His Majesty should be again desir'd that the Prince might continue about London Lastly They Voted a Declaration to be sent to His Majesty by both the Houses wherein they accuse His Majesty of a design of altering Religion though not directly Him but them that counsel'd Him whom they also accus'd of being the Inviters and Fomenters of the Scotch War and Framers of the Rebellion in Ireland And upbraid the King again for accusing the Lord Kimbolton and the Five Members and of being privy to the purpose of bringing up His Army which was rais'd against the Scots to be employ'd against the Parliament To which His Majesty replied from Newmarket Whereupon it was Resolv'd by both Houses That in this Case of extream Danger and of His Majesties Refusal the Ordinance agreed upon by both Houses for the Militia doth oblige the People by the Fundamental Laws of this Kingdom And also that whosoever should execute any Power over the Militia by colour of any Commission of Lieutenancy without Consent of both Houses of Parliament shall be accounted a Disturber of the Peace of the Kingdom Whereupon His Majesty sent a Message to both Houses from Huntingdon Requiring Obedience to the Laws Established and Prohibiting all Subjects upon pretence of their Ordinance to Execute any thing concerning the Militia which is not by those Laws warranted Upon this the Parliament Vote a standing to their former Votes as also That when the Lords and Commons in Parliament which is the Supreme Court of Judicature in the Kingdom shall declare what the Law of the Land is to have this not only questioned but contradicted is a high Breach of the Priviledge of Parliament B. I thought that he that makes the Law ought to declare what the Law is for what is it else to make a Law but to declare what it is so that they have taken from the King not only the Militia but also the Legislative Power A. They have so But I make account the Legislative Power and indeed all Power possible is contain'd in the Power of the Militia After this they seize such Mony as was due to His Majesty upon the Bill of Tunnage and Poundage and upon the Bill of Subsidies that they might disable him every way they possibly could They sent Him also many other contumelious Messages and Petitions after His coming to York amongst which one was That whereas the Lord Admiral by indisposition of Body could not command the Fleet in Person He would be pleased to give Authority to the Earl of Warwick to supply his place when they knew the King had put Sir John Pennington in it before B. To what End did the King entertain so many Petitions Messages Declarations and Remonstrances and vouchsafe His Answers to them when He could not choose but clearly see they were resolv'd to take from Him His Royal Power and consequently His Life For it could not stand with their safety to let either Him or His Issue live after they had done Him so great Injuries A. Besides this the Parliament had at the same time a Committee residing at York to spie what His Majesty did and to inform the Parliament thereof and also to hinder the King from gaining the People of that County to His Party so that when His Majesty was Courting the Gentlemen there the Committee was Instigating of the Yeomanry against him● to which also the Ministers did very much contribute so that the King lost his opportunity at York B. Why did not the King seize the Committee into his hands or drive them out of his Town A. I know not but I believe he knew the Parliament had a greater Party than he not only in Yorkshire but also in York Towards the End of April the King upon Petition of the People of Yorkshire to have the Magazine of Hull to remain still there for the greater security of the Northern Parts thought fit to take it into his own hands He had a little before appointed Governor of the Town the Earl of Newcastle but the Townsmen having been already corrupted by the Parliament refused to receive him but refus'd not to receive Sir John Hotham appointed to be Governor by the Parliament The King therefore coming before the Town Guarded only by a few of his own Servants and a few Gentlemen of the Country thereabouts was deny'd Entrance by Sir John Hotham that stood upon the Wall for which Act he presently caused Sir John Hotham to be proclaim'd Traytor and sent a Message to the Parliament requiring Justice to be done upon the said Hotham and that the Town and Magazine might be delivered into his hands To which the Parliament made no Answer but instead thereof published another Declaration in which they omitted nothing of their former Slanders against His Majesties Government but inserted certain Propositions declarative of their own pretended Right viz. I. That whatsoever they declare to be Law ought not to be question'd by the King II. That no Precedent can be Limits to bound their Proceedings III. That a Parliament for the Publick Good may dispose of any thing wherein the King or Subject hath a Right and that they without the King are this Parliament and the Judge of this Publick Good and that the King's consent is not necessary IV. That no Member of either House ought to be troubled for Treason Felony or any other Crime unless the Cause be first brought before the Parliament that they may judge of the Fact and give leave to proceed if they see Cause V. That the Sovereign Power resides in both Hous●s and that the King ought to have no Negative Voice VI. That the Levying of Forces against the Personal Commands of the King though accompanied with his presence is not Levying War against the King but the Levying of War against his Politique Person viz. his Laws c. VII That Treason cannot be committed against his Person otherwise than as he is intrusted with the Kingdom and discharges that Trust and that they have a Power to judge whether he hath discharged his Trust or not VIII That they may dispose of the King when they will B. This is plain-dealing and without hypocrisie Could the City of London swallow this A. Yes and more too if need be London you know has a great Belly but no palate nor taste of Right and Wrong In the Parliament Roll of Henry IV. amongst the Articles of the Oath the King at his Coronation took there is one runs thus Concedes Justas Leges Consuetudines esse tenendas promitos per te eas esse protegendas ad honorem Dei corroborandas quas Vulgus elegerit Which the Parliament urged for their Legislative Authority and therefore interpret quas Vulgus el●gerit which the People shall choose as if the King should swear to protect and corroborate Laws before they were
an Independent in England in Answer to it B. I have seen them both they are very good Latine both and hardly to be judged which is better and both very ill reasoning and hardly to be judged which is worst like two Declamations Pro and Con for exercise only in a Rhetorick School by one and the same man so like is a Presbyterian to an Independent A. In this year the Rump did not much at home save that in the beginning they made England a Free State by an Act which runs thus Be it Enacted and Declared by this present Parliament and by to Authority thereof That the People of England and all the Dominions and Territories thereunto belonging are and shall be and are hereby constituted made and declared a Common-wealth and Free State c. B. What did they mean by a Free State and Common-wealth were the people no longer to be subject to Laws They could not mean that for the Parliament meant to Govern them by their own Laws and punish such as broke them Did they mean that England should not be subject to any foreign Kingdom or Common-wealth That needed not be Enacted seeing there was no King nor People pretended to be their Masters What did they mean then A. They meant that neither this King nor any King nor any single person but only that they themselves would be the Peoples Masters and would have set it down in those plain words if the people could have been cozen'd with words intelligible as easily as with words not intelligible After this they gave one another Money and Estates out of the Lands and Goods of the Loyal Party They Enacted also an Engagement to be taken by every man in these words You shall promise to be true and faithful to the Common-wealth of England as it is now established without King or House of Lords They banished also from within 20 Miles of London all the loyal Party forbidding every one of them to depart more than five Miles from his dwelling-house B. They meant perhaps to have them ready if need were for a Massacre But what did the Scots in this time A. They were considering of the Officers of the Army which they were levying for the King how they might exclude from Command all such as had loyally serv'd his now Majesty's Father and all Independents and all such as commanded in Duke Hamilton's Army And these were the main things that passed this year The Marquess of Montross that had in the year 1645. with a few men and in a little time done things almost incredible against the late King's Enemies in Scotland landed now again in the beginning of the Year 1650. in the North of Scotland with Commission from the present King hoping to do him as good service as he had formerly done his Father but the case was alter'd for the Scotch Forces were then in England in the service of the Parliament whereas now they were in Scotland and many more for their intended Invasion newly rais'd Besides the Souldiers which the Marquess brought over were few and Forreigners nor did the High-landers come in to him as he expected insomuch as he was soon defeated and shortly after taken and with more spiteful usage than revenge requir'd Executed by the Covenanters at Edinborough May the 2d B. What good could the King expect from joyning with these men who during the Treaty discover'd so much malice to him in one of his best Subjects A. No doubt their Church-men being then prevalent they would have done as much to this King as the English Parliament had done to his Father if they could have gotten by it that which they foolishly aspir'd to the Government of the Nation I do not believe that the Independents were worse than the Presbyterians both the one and the other were resolv'd to destroy whatsoever should stand in the way to their Ambition but necessity made the King pass over both this and many other Indignities from them rather than suffer the pursuit of his Right in England to cool and be little better than extinguished B. Indeed I believe the Kingdom if suffered to become an old Debt will hardly ever be recover'd Besides the King was sure where ever the Victory lighted he could lose nothing in the War but Enemies A. About the time of Montrosses death which was in May Cromwel was yet in Ireland and his work unfinished but finding or by his Friends advertis'd that his presence in the Expedition now preparing against the Scots would be necessary to his Design sent to the Rump to know their pleasure concerning his return But for all that he knew or thought it was not necessary to stay for their Answer but came away and arriv'd at London the sixth of June following and was welcom'd by the Rump Now had General Fairfax who was truly what he pretended to be a Presbyterian been so Catechis'd by the Presbyterian Ministers here that he refus'd to fight against the Brethren in Scotland nor did the Rump nor Cromwel go about to rectifie his Conscience in that point And thus Fairfax laying down his Commission Cromwel was now made General of all the Forces in England and Ireland which was another step to the Soveraign Power B. Where was the King A. In Scotland newly come over he landed in the North and was honourably conducted to Edinborough though all things was not yet well agreed upon between the Scots and him for he had yielded to as hard Conditions as the late King had yielded to in the Isle of Wight yet they had still somewhat to add till the King enduring no more departed from them towards the North again But they sent Messengers after him to pray him to return but they furnished these Messengers with strength enough to bring him back if he should have refus'd In fine they agreed but would not suffer the King or any Royalist to have Command in the Army B. The sum of all is the King was their Prisoner A. Cromwel from Berwick sends a Declaration to the Scots telling them he had no Quarrel against the people of Scotland but against the Malignant Party that had brought in the King to the disturbance of the Peace between the two Nations and that he was willing by Conference to give and receive satisfaction or to decide the Justice of the Cause by Battel To which the Scots answering declare That they will not prosecute the Kings Interest before and without his acknowledgment of the sins of his House and his former ways and satisfaction given to Gods people in both Kingdoms Judge by this whether the present King were not in as bad a condition here as his Father was in the hands of the Presbyterians of England B. Presbyterians are every where the same they would fain be absolute Governours of all they converse with and have nothing to plead for it but that where they reign 't is God that reigns and no where else But I observe one strange
Laws and of inflicting Punishments then him that pretendeth only to a Right of making Canons that is to say Rules and no Right of Coaction or otherwise Punishing but by Excommunication B. But the Pope pretends also that his Canons are Laws and for Punishing can there be a greater then Excommunication supposing it true as the Pope saith it is that he that dies Excommunicate is damn'd which supposition it seems you believe not else you would rather have chosen to obey the Pope that could cast your Body and Soul into Hell then the King that can only kill the Body A. You say true for it were very Uncharitable in me to believe that all English men except a few Papists that have been born and called Hereticks ever since the Reformation of Religion in England should be damn'd B. But for those that dye Excommunicate in the Church of England at this day Do you not think them also Damn'd and he that is Excommunicate for Disobedience to the Kings Law either Spiritual or Temporal is Excommunicate for Sin and therefore if he Dye Excommunicate and without desire of Reconciliation he Dies Impenitent you see what follows But to Dye in Disobedience to the Precepts and Doctrine of those men that have no Authority or Jurisdiction over us is quite an other Case and bringeth no such danger with it B. But what is this Heresie which the Church of Rome so cruelly persecutes as to Depose Kings that do not when they are bidden turn all Hereticks out of there Dominions A. Heresie is a word which when it is used without Passion signifies a private Opinion so the different Sect of the Old Philosophers Academians Peripateticks Epicureans Sto●●ks c. were called Heresie But in the Christian Church there was in the signification of that word comprehended a sinful opposition to him that was chief Judge of Doctrines in order to the Salvation of mens Souls and consequently Heresie may be said to bear the same Relation to the power Spiritual that Rebellion doth to the power Temporal and is sutably to be persecuted by him that will preserve a power Spiritual and Dominion over mens Consciences B. It would be very well because we are all of us permitted to read the Holy Scriptures and bound to make them the Rule of our Actions both publick and private that Heresie were by some Law defined and the particular Opinions set forth for which a man were to be condemned and punished as Hereticks for else not only men of mean capacity but even the wisest and devoutest Christian may fall into Heresie without any will to oppose the Church for the Scriptures are hard and the interpretations different of different men A. The meaning of the word Heresy is by Law declared in an Act of Parliament in the First Year of Queen Elizabeth wherein it is ordained that the Persons who had by the Queens Letters Patents the Authority Spiritual meaning the High Commission shall not have Authority to Adjudge any Matter or Cause to be Heresy but only such as heretofore have been Adjudged to be Heresy by the Authority of the Canonical Scriptures or by the First 4. General Counsels or by any other General Council where the same was declared Heresy by the express and plain words of the said Canonical Scripures or such as hereafter shall be adjudged Heresy by the High Court of Parliament of this Realm with the assent of the Clergy in their Convocation B. It seems therefore if there arise any new Error that hath not been yet declared Heresy many such may arise it cannot be Judged Heresy without a Parliament for how foul soever the error be it cannot have been declared Heresy neither in the Scriptures nor in the Councils because it was never before heard of and consequently there can be no Error unless it fall within the compass of Blasphemy against God or Treason against the King for which a Man can in Equity be punished Besides who can tell what is declared by the Scripture which every man is allowed to read and interpret to himself nay more what Protestant either of the Laity or Clergy if every General Councel can be a competent Judge of Heresie is not already condemned for divers Councels have declar'd a great many of our Doctrines to be Heresie as they pretend upon the Authority of the Scriptures A. What are those points that the first four General Counsels have declared Heresie B. The first General Councel held at Nicaea declared all to be Heresie which was contrary to the Nicene Creed Upon occasion of the Heresie of Arrius which was the denying the Divinity of Christ the Second General Counsel held at Constantinople declar'd Heresie the Doctrine of M●cedonius which was that the Holy Ghost was created The Third Counsel assembled at Ephesus condemned the Doctrine of Nestorius that there were two persons in Christ. The Fourth held at Calcodon condemned the Error of Emtyches that there was but one nature in Christ. I know of no other Points condemned in these 4 Counsels but such as concern Church-Government or the same Doctrines taught by other Men in other words And these Counsels were all called by the Emperors and by them their Decrees confirmed at the Petition of the Counsels themselves A. I see by this that both the Calling of the Counsel and the confirmation of their Doctrine and Church Government had no obligatory force but from the Authority of the Emperor how comes it then to pass that they take upon them now a Legislative Power and say their Canons are Laws That Text all Power is given to me in Heaven and Earth had the same force then as it hath now conferred a Legislative Power on the Counsels not only over Christian men but over all Nations in the world B. They say no for the Power they pretend to is derived from this that when a King was converted from Gentilism to Christianity he did by that very Submission to the Bishop that converted him submit to the Bishops Government and became one of his sheep which Right therefore he could not have over any Nation that was not Christian. A. Did Silvester which was Pope of Rome in the time of Constantine the Great converted by him tell the Emperor his New Disciple before hand that if he became a Christian he must be the Popes Subject B. I believe not for it is likely enough if he had told him so plainly or but made him suspect it he would either have been not Christian at all or but a Counterfeit one A. But if he did not tell him so and that plainly it was foul play not only in a Priest but in any Christian And for this Derivation of their Right from the Emperors consent it proceeds only from this that they dare not challenge a Legislative power nor call their Canons Laws in any Kingdom in Christendom farther than the Kings make them so But in Peru when Atabalipa was King the Fry●r told