them but the weight they had to aggravate their accusation to the Ignorant multitudes which think all faults hainous that are exprest in hainous terms If they hate the reason accused as they did this man not only for being of the Kings party but also for deserting the Parliaments party as an Apostate B. I pray you tell me also what they meant by Arbitrary Government which they seemed so much to hate Is there any Governour of a people in the World that is forced to Govern them or forced to make this and that Law whether he will or no! I think or if any be that forces him does certainly make Laws and Govern Arbitrarily A. That is true and the true meaning of the Parliament was that not the King but they themselves should have the Arbitrary Government not only of England but of Ireland and as it appeared by the event of Scotland also B. How the King came by the Government of Scotland and Ireland by descent of his Ancestors every body can â—ell but if the King of England and his Heirs should chance which God forbid to fail I cannot imagine what Title the Parliament of England can acquire thereby to either of those Nations A. Yet they say they have been conquer'd antiently by the English Subjects Money B. Like enough and suitable to the rew of their imdence A. Impudence in Democratical Assemblies does almost all that is done 't is the Goddess of Rhetorick and carries on proof with it for though ordinary men will not from so great boldness of affirmation conclude there is great boldness of affirmation conclude there is a great probability in the King affirmed upon this accusation He was brought to his Trial at Westminster-hall before the House of Lords and found Guilty and presently after declared a Traitor by a Bill of Attainder that is by Act of Parliament B. It is a strange thing that the Lords should be induced upon so light grounds to give a sentence or give their assent to a Bill so prejudicial to themselves and their posterity A. 'T was not well done and yet as it seems not ignorantly for there is a clause in the Bill that it should not be taken hereafter for an example that is for a prejudice in the like case hereafter B. That is worse than the Bill it self and is a plain confession that their Sentence was unjust for what harâ—â— is their in the example of just Sentences Besides if hereafter the like case should happen the Sentence is not at all made weaker by such a provision A. Indeed I believe that the Lords most of them were not-willing to condemn him of Treason they were awed to it by the clamor of the common people that came to Westminster crying out Justice Justice against the Earl of Strafford the which were caused to flock together by some of the House of Commons that were well assured after the Triumphant Welcome of Prinne Burton and Bastwick to put the People into Tumult upon any occasion they desired They were awed unto it partly also by the House of Commons it self which if it desired to undo a Lord had no more to do but to Vote him a Delinquent A. A Delinquent what 's that A sinner is 't not Did they mean to undo all sinners A. By Delinquent they meant onely a man to whom they would do all the hurt they could but the Lords did not yet I think suspect they meant to casheer their whole House B. It 's a strange thing the whole House should not perceive the ruine of the King's power or weakening of themselves for they could not think it likely that they everâ— meant to take the Sovereignty from the King to give it to them who were few in number and less in power than so many Commoners because less beloved by the People A. But it seems not so strange to me for the Lords for their personal abilities as they were no less so also were they no more skilful in the Publick affairs than the Knights and Burgesses for there is no reason to think that if one that is to day a Knight of the Shire in the Lower House be to morrow made a Lord and a Member of the Higher House is therefore wiser than he was before they are all of both Houses prudent and able men as any in the Land in the business of their private Estates which requires nothing but diligence and a Natural Wit to govern them but for the Government of a Common-wealth neither Wit nor Prudence nor Diligence is enough without infallible Rules and the true Science of Equity and Justice B. If this be true it is impossible any Common-wealth in the World whether Monarchy Aristocracy or Democracy should continue long without change or sedition tending to change either of the Government or of the Governours A. 'T is true nor have any the greatest Common-wealths in the World been long from Sedition the Greeks had it first their Petty Kings and then by Sedition came to be Petty Common-wealths and then growing to be greater Common-wealths by Sedition again became Monarchies and all for want of Rules of Justice for the common People to take notice of which if the People had known in the beginning of every of these Seditions the ambitious persons could never have had the hope to disturb their Government after it had been once setled for ambition can do little without hands and few hands it could have if the common People were as diligently instructed in the true Principles of their Duty as they are terrifi'd and amazed by Preachers with fruitless and dangerous Doctrines concerning the nature of Man's Will and many other Philosophical Points that tend not at all to the salvation of the Soul in the World to come nor to their ease in this life but onely to the discretion towards the Clergy of that Duty which they ought to perform to the King B. For ought I see all the States of Christendom will be subject to those fits of Rebellion as long as the World lasteth A. Like enough and yet the fault as I have said may be easily mended by mending the Universities B. How long had the Parliament now sitten A. It began Novemb. 3. 1640. My Lord of Strafford was Impeached of Treason before the Lords November 12 sent to the Tower November 22 his Trial began March 22 and ended April 13. After his Trial he was voted guilty of High Treason in the House of Commons and after that in the House of Lords May 6 and on the 12 of May beheaded B. Great Expedition But could not the King for all that have saved him by a Pardon A. The King had heard all that passed at his Trial and had declared he was unsatisfied concerning the Justice of their Sentence and I think notwithstanding the danger of his own Person from the fury of the People and that he was counselled to give way to his Execution not-only by such as he most relied
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 Counsellors 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 summ 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 A. Yes In the Northern Counties were quartered the Scotch Army which the Parliament call'd in to oppose the King and consequently their Quarters 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 raised to fight against him A. Nay farther they put to the King's Accounts the 30000 l. given to the Scots without which they would not have Invaded England besides many other things that I now remember not B. I did not think there had been so great Impudence and Villany in Mankind A. You have not observ'd the world long enough to see all that 's ill such was their Remonstrance as I have told you with it they sent a Petition containing three points First That His Majesty would deprive the Bishops of their Votes in Parliament and remove such Oppressions in Religion Church Government and Discipline as they had brought in Secondly That he would remove from his Council all such as should promote the Peoples Grievances and Imploy in his great and public Affairs such as the Parliament should confide in Thirdly That he would not give away the Lands Escheated to the Crown by the Rebellion in Ireland B. This last point methinks was not wisely put in at this time it should have been reserv'd till they had subdued the Rebels against whom there were yet no Forces sent over 'T is like selling the Lion's Skin before they had kill'd him But what answer was made to the other two Propositions A. What answer should be made but a Denial About the same time the King himself Exhibited Articles against six persons of the Parliament five whereof were of the House of Comons and one of the House of Lords accusing them of High Treason and upon the fourth of January went himself to the House of Commons to demand those five of them but private notice having been given by some Treacherous person about the King they had absented themselves and by that means frustrated His Majesties Intention and after he was gone the House making a hainous matter of it and a High Breach of their Priviledges adjourned themselves into London there to sit as a General Committee pretending they were not safe at Westminster for the King when he went to the House to demand those persons had somewhat more attendance with him but not otherwise armed than his servants used to be than he ordinarily had and would not be pacified though the King did afterwards wave the prosecution of those persons unless he would also discover to them those that gave him Counsel to go in that manner to the Parliament-House to the end they might receive condign punishment which was the Word they used instead of Cruelty B. This was a harsh Demand Was it not enough that the King should forbear his Enemies but also that he must betray his Friends If they thus tyrannize over the King before they have gotten the Soveraign Power into their Hands how will they tyrannize over their Fellow-Subjects when they have gotten it A. So as they did B. How long staid that Commitee in London A. Not above 2 or 3 Days and then were brought from London to the Parliament-House by Water in great Triumph guarded with a tumultuous number of Armed Men there to sit in security in despite of the King and make Traiterous Acts against Him such and as many as they listed and under favour of these Tumults to frighten away from the House of Peers all such as were not of their own Faction for at this time the Rabble was so insolent that scarce any of the Bishops durst go to the House for fear of Violence upon their Persons insomuch that Twelve of them excused themselves of Coming thither and by way of Petition to the King remonstrated that they were not permitted to go quietly to the Performance of that Duty and protesting against all Determinations as of none Effect that should pass in the House of Lords during their forced Absence which the House of Commons taking hold of sent up to the Peers one of their Members to accuse them of High Treason whereupon Ten of them were sent to the Tower after which time there was no more words of their High Treason but there passed a Bill by which they were deprived of their Votes in Parliament And to this Bill they got the King's Assent and in the beginning of September after they Voted the Bishops should have no more to do in the Government of the Church but to this they had not the King's Assent the War being now begun B. What made the Parliament so averse to Episcopacy and especially the House of Lords whereof the Bishops were Members For I see no reason why they should do it to gratifie a number of poor Parish Priests that were Presbyterians and that were never likely to serve the Lords but on the contrary to do their best to pull down their power and subject them to their Synods and Classes A. For the Lords very few of them did perceive the intention of the Presbyterians and besides that they durst not I
which they omitted nothing of their former Slanders against His Majesties Government but inserted certain Propositions declarative of their own pretended Right viz. I. That whatsoever they declare to be Law ought not to be questioned by the King II. That no Precedent can be Limits to bound their Proceedings III. That a Parliament for the Public Good may dispose of any thing wherein the King or Subject hath a Right and that they without the King are this Parliament and the Judge of this Public Good and that the King's consent is not necessary IV. That no Member of either House ought to be troubled for Treason Felony or any other Crime unless the Cause he first brought before the Paliament that they may judge of the Fact and give leave to proceed if they see Cause V. That the Sovereign Power resides in both Houses and that the King ought to have no Negative Voice VI. That the Levying of Forces against the Personal Commands of the King though accompanied with his presence is not Levying War against the King but the Levying of War against his Politic Person viz. his Laws c. VII That Treason cannot be committed against his Person otherwise than as he is intrusted with the Kingdom and discharges that Trust and that they have a Power to judge whether he hath discharged his Trust or not VIII That they may dispose of the King when they will B. This is plain-dealing and without hypocrisie Could the City of London swallow this A. Yes and more too if need be London you know has a great Belly but no palate nor taste of Right and Wrong In the Parliament Roll of Henry IV. amongst the Articles of the Oath the King at his Coronation took there is one runs thus Concedes Justas Leges Consuetudines esse tenendas promiâ—tes per te eas esse protegendas ad honorem Dei corroborandas quas Vulgus elegerit Which the Parliament urged for their Legislative Authority and therefore interpret quas Vulgus elegerit which the People shall choose as if the King should swear to protect and corroborate Laws before they were made whether they be Good or Bad whereas the words signifie no more but that he shall protect and corroborate such Laws as they have chosen that is to say the Acts of Parliament then in being And in the Records of the Exchequer it is thus Will yea grant to hold and keep the Laws and rightful Customs which the Commonalty of this your Kingdom have And will you defend and uphold them c And this was the Answer His Majesty made to that Point B. I think His Answer very full and clear but if the words were to be interpreted in the other sence yet I see no reason why the King should be bound to swear to them for Henry IV. came to the Crown by the Votes of a Parliament not much inferior in wickedness to this Long Parliament that Deposed and Murdered their Lawful King saving that it was not the Parliament it self but the Usurper that murdered King Richard II. A. About a week after in the beginning of May the Parliament sent the King another Paper which they stil'd The Humble Petition and Advice of both Houses Containing Nineteen Propositions which when you shall hear you shall be able to judge what Power they meant to leave to the King more than to any of His Subjects The first of them is this I. That the Lords and other of His Majesties Privy Council and all great Officers of State both at home and abroad be put from their Imployments and from his Council save only such as should be approved of by both Houses of Parliament and none put into their places but by approbation of the said Houses And that all Privy Counsellors take an Oath for the due Execution of their places in such form as shall be agreed upon by the said Houses II. That the great Affairs of the Kingdom be Debated Resolv'd and Transacted only in Parliament and such as shall presume to do any thing to the contrary to be reserved to the Censure of the Parliament and such other Matters of State as are proper for His Majesties Privy Council shall be Debated and Concluded by such as shall from time to time be chosen for that place by both Houses of Parliament And that no Publick Act concerning the Affairs of the Kingdom which are proper for his Privy Council be esteemed valid as proceeding from the Royal Authority unless it be done by the Advice and Consent of the Major part of the Council attested under their Hands and that the Council be not more than 25 nor less than 15 and that when a Counsellors place falls it shall not be supplied without the assent of the Major part of the Council and that such choice also shall be void if the next Parliament after confirm it not III. That the Lord High Steward of England Lord High Constable Lord Chancellor or Lord Keeper of the Great Seal Lord Treasurer Lord Privy Seal Earl Marshal Lord Admiral Warden of the Cinque Ports chief Governor of Ireland Chancellor of the Exchequer Master of the Wards Secretaries of State Two Chief Justices and Chief Baron be always chosen with the Approbation of both Houses of Parliament and in the Intervals of Parliament by the Major part of the Privy Council IV. That the Government of the King's Children shall he committed to such as both Houses shall approve of and in the Intervals of Parliament such as the Privy Council shall approve of that the Servants then about them against whom the Houses have just exception should be remov'd V. That no Marriage be concluded or treated of for any of the King's Children without consent of Parliament VI. That the Laws in force against the Jesuits Priests and Popish Recusants be strictly put in execution VII That the Votes of Popish Lords in the House of Peers be taken away and that a Bill be passed for the Education of the Children of Papists in the Protestant Religion VIII That the King will be pleas'd to reform the Church-Government and Liturgy in such manner as both Houses of Parliament shall advise IX That he would be pleased to rest satisfied with that course the Lords and Commons have appointed for ordering the Militia and recall his Declarations and Proclamations against it X. That such Members as have been put out of any Place or Office since this Parliament began may be restor'd or have satisfaction XI That all Privy Counsellors and Judges take an Oath the Form whereof shall be agreed on and setled by Act of Parliament for the maintaining the Petition of Right and of certain Statutes made by the Parliament XII That all the Judges and Officers placed by Approbation of both Houses of Parliament may hold their places quamdiu benè se gesserint XIII That the Justice of Parliament may pass upon all Delinquents whether they be within the Kingdom or fled out of it
and that all persons cited by either House of Parliament may appear and abide the Censure of Parliament XIV That the General Pardon offered by his Majesty be granted with such Exceptions as shall be advised by both Houses of Parliament B. What a spightful Article is this All the rest proceeded from Ambition which many times well-natur'd men are subject to but this proceeded from an inhumane and devilish cruelly A. XV. That the Forts and Castles be put under the Command of such Persons as with the Approbation of the Parliament the King shall appoint XVI That the extraordinary Guards about the King be discharged and for the future none raised but according to the Law in case of actual Rebellion or Invasion B. Methinks these very Propositions sent to the King are an actual Rebellion A. XVII That his Majesty enter into a more strict Alliance with the United Provinces and other Neighbour Protestant Princes and States XVIII That his Majesty be pleased by Act of Parliament to clear the Lord Kimbolton and the Five Members of the House of Commons in such manner as that future Parliaments may be secur'd from the consequence of evil Precedent XIX That his Majesty be pleased to pass a Bill for restraining Peers made hereafter from sitting or voting in Parliament unless they be admitted with consent of both Houses of Parliament These Propositions granted they promise to apply themselves to regulate his Majesties Revenue to his best advantage and to settle it to the support of his Royal Dignity in Honour and Plenty and also to put the Town of Hull into such hands as his Majesty shall appoint with consent of Parliament B. Is not that to put it into such hands as His Majesty shall appoint by the consent of the Petitioners which is no more than to keep it in their hands as it is Did they want or think the King wanted common sense so as not to perceive that their promise herein was worth nothing A. After the sending of these Propositions to the King and His Majesties refusal to grant them they began on both sides to prepare for War the King raising a Guard for his Person in York-shire 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 â—late 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 Eight Pound in the Hundred and the Value of their Plate with Twelve Pence 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 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 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 Scots 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. VVE 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
they desired the whole and absolute soveraignty and to change the Monarchical Government into an Oligarchie that is to say to make the Parliament consisting of a few Lords and about 400 Commoners absolute in the soveraignty for the present and shortly after to lay the House of Lords aside for this was the Design of the Presbyterian Ministers who taking themselves to be by right the onely Lawful Government of the Church endeavoured to bring the same Form of Government into the Civil state and as the Spiritual Laws were to be made by their Synods so their Civil Laws should be made by the House of Commons who as they thought would no less be ruled by them afterwards than formerly they had been wherein they were deceived and found themselves out-gon by their own Disciples though not in Malice yet in Wit B. What followed after this A. In August following the King supposing he had now sufficiently obliged the Parliament to proceed no farther against him took a Journey into Scotland to satisfie his Subjects there as he had done here intending perhaps so to gain their good wills that in case the Parliament here should levy Arms against him they should not be aided by the Scots wherein he also was deceived for though they seemed satisfied with what he did whereof one thing was his giving away to the Aboletion of Episcopacy Yet afterwards they made a League with the Parliament and for Money when the King began to have the better of the Parliament invaded England in the Parliaments Quarrel but this was a Year or two after B. Before you go any farther I desire to know the Ground and Original of that Right which either the House of Lords or House of Commons or both together pretend to A. It is a question of things so long past that they are now forgotten nor have we any thing to conjecture by but the Records of our own Nation and some small and obscure fragments of Roman Histories And for the Records seeing they are of things only done sometimes justly sometimes unjustly you can never by them know what Right they had but only what Right they pretended B. Howsoever let me know what light we have in this matter from the Roman Histories A. It would be too long and an useless digression to â—â—â—all the Antient Authors that speak of the forms of those Common-wealths which were amongst our first Ancestors the Saxons and other Germans and of other Nations from whom we derive the Titles of Honour now in use in England nor will it be possible to derive from them any Arguments of Right but only Examples of fact which by the Ambition of Potent Subjects have been oftener unjust than otherwise and for those Saxons or Angles that in Antient times by several Invasions made themselves Masters of this Nation they were not in themselves one Body of Common-wealth but only a League of divers Petty German Lords and States such as was the Graecian Army in the Trojan War without other Obligations than that which proceeded from their own fear and weakness nor were these Lords for the most part the Soveraigns at home in their own Country but chosen by the people for the Captains of the Forces they brought with them And therefore it was not without Equity that when they had conquer'd any part of the Land and made some one of them King thereof the rest should have greater Priviledges than the common People and Soldiers amongst which Priviledges a man may easily conjecture this to be one that they should be made acquainted and be of Council with him that hath the Soveraignty in matters of Government and have the greatest and most honourable Offices both in Peace and War But because there can be no Government where there is more than one Soveraign it cannot be inferr'd that he had a Right to oppose the King's Resolutions by force nor to enjoy those honours and places longer than they should continue good Subjects And we find that the Kings of England did upon every great occasion call them together by the name of Discreet and Wise men of the Kingdom and hear their Councils and make them Judges of all Causes that during their Sitting were brought before them But as he summon'd them at his own pleasure so had he also ever at his pleasure power to Dissolve them The Normans also that descended from the Germans as we did had the same Customs in this particular and by this means this Priviledge have the Lords to be of your King 's great Council and when they were assembled to be the highest of the King's Court of Justice continued still after the Conquest to this day But though there be amongst the Lords divers Names or Titles of Honour yet they have their Priviledge by the only name of Baron a name receiv'd from the Antient Gauls amongst whom that name signified the King's man or rather one of his great men By which it seems to me that though they gave him Council when he requir'd it yet they had no Right to make War upon him if he did not follow it B. When began first the House of Commons to be part oâ— the King 's great Council A. I do not doubt but that before the Conquest some discreet men and known to be so by the King were called by special Writ to be of the same Council though they were not Lords But that is nothing to the House of Commons the Knights of â—lares and Burgesses were never called to Parliament for ought that I know till the beginning of Edward the first or the latter end of the Reign 〈◊〉 Henry the third immediately after the mis-behaviour of the Barons and for ought any man knows were called on purpose to weaken that Power of the Lords which they had so freshly abused Before the time of Henry the third the Lords were deâ—â—oâ—â—ed most of them from such as in the Invasions and Conquests of the Germans were Peers and â—ellow-Kings 'till one was made King of them â—â—ll and their Tenants were their Subjects as it is at this day with the Lords of France But after the time of Henry the third the Kings began to make Lords in the place of them whose Issue fail'd Titularly only without the Lands belonging to their Title and by that means their Tenants being bound no longer to Terve them in the Wars they grew every day less and less able to make a Party against the King though they continued still to be his great Council And as their Power decreased To the Power of the House of Commons increased But I do not find that they were part of the King's Council at all nor Judges over other men though it cannot be denied but a King may ask their advice as well as the advice of any other But I do not find that the end of their summoning was to give advice but only in case they had any Petitions for Redress of Grievances to be ready there
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 Soldiers to defend the Peace and Honour of the Kingdom to make Captains in his Army to make Governours of his Castles 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 left 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 together a great Party with an Intention to Massacre the Protestants there and had laid a design for the â—eizing 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 and 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 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 Scorch 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 Councellors and partly by occasion thereof to demand of the King the Power of Pressing and Ordering of Soldiers which Power whosoever has has also without doubt the whole â—overaignty B. When came the King back A. He came back the 25th of November and was welcomed with the Acclamations of the common people as much as if he 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 2. 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 and Pressing â—oldiers to the two Houses of the Lords and Commons which was as much as to take â—â—om 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 his Soldiers 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 Soldiers 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 quarrell'd at is another They quarrell'd 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 Counsellors 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 â—or upon the 15th of December they sent to the King a Paper called a Remonstrance of the State 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 â—â—pe 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
taken and not long after sent to London but Cromwel marched to Edenburrough and there by the help of the Faction which was contrary to Hamilton's he made sure not to be hindred in his Designs the first whereof was to take away the King's life by the hand of the Parliament whilest these things passed in the North the Parliament Cromwel being away came to it self and recalling their Vote of Non-Addresses sent to the King new Propositions somewhat but not much easier than the former and upon the King's Answer to them they sent Commissioners to treat with him at Neaport in the Isle of Wight where they so long dodged with him about Trisles that Cromwel was come to London before they had done to the Kings destruction for the Army was now wholly at the Devotion of Cromwel who set the Adjutators on work to make a Remonstrance to the House of Commons wherein they require 1. That the King be brought to Justice 2. That the Prince and Duke of York be summon'd to appear at a day appointed and proceeded with according as they should give satisfaction 3. That the Parliament settle the future Government and set a reasonable period to their own sitting and make certain future Parliaments Annual or Biennial 4. That a competent number of the Kings chief Instruments be executed and this to be done both by the House of Commons and by a General agreement of the people testified by their Subscriptions Nor did they stay for an Answer but presently set a Guard of Soldiers at the Parliament House Door and other Soldiers in Westminster-Hast suffering none to go into the House but such as would serve their turns all others were frighted away or made Prisoners and some upon divers Quarrels suspended About ninety of them because they had refused to vote against the Scots and others because they had voted against the Vote of Non-Addresses and the rest were a House for Cromwel The Phanaticks also in the City being countenanced by the Army pack a new Common-Council whereof any forty was to be above the Mayor and their first work was to frame a Petition for Justice against the Xing which Tichboures the Mayor involving the City in the Regicide delivered to the Parliament At the same time with like violence they took the King from Newport in the Isle of Wight to Hurst Castle till things were ready for His Tryal the Parliament in the mean time to avoid Perjury by an Ordinance declar'd void the Oaths of Supremacy and Allegiance and presently after made another to bring the King to his Tryal B. This is a piece of Law that I understood not before that when many men swear singly they may when they are Assembled if they please absolve themselves A. The Ordinance being drawn up was brought into the House where after three several Readings it was Voted That the Lords and Commons of England Assembled in Parliament do declare That by the Fundamental Laws of the Realm it is Treason in the King of England to levy War against the Parliament And this Vote was sent up to the Lords and they denying their consent the Commons in Anger made another Vote That all Members of Committees should proceed and act in any Ordinance whether the Lords concurr'd or no and that the People under God are the Original of all just Power and that the House of Commons have the Supreme-Power of the Nation and that whatsoever the House of Commons Enacted is Law All this passed nemine contradicente B. These Propositions fight not only against a King of England but against all the Kings of the World It were good they thought on 't but yet I believe that under God the Original of all Laws was in the People A. But the People for them and their heirs by consent and Oaths have long ago put the Supreme Power of the Nation into the hands of their Kings for them and their Heirs and consequently into the hands of this King their known and lawful heir B. But does not the Parliament represent the People A. Yes to some purposes as to put up Petitions to the King when they have leave and are griev'd but not to make a grievance of the Kings Power Besides the Parliament never represents the People but when the King calls them Is it to be imagined that he calls a Parliament to depose himself Put the case every County and Burrough should have given for a Benevolence a sum of Money and that every County meeting in their County Court or else-where and that every Burrough in their Town-Hall should have chosen certain men to carry their several sums respectively to the Parliament had not these men represented the whole Nation B. Yes no doubt A. Do you think the Parliament would have thought it reasonable to be called to an account by this Representative B. No sure and yet I must confess the Case is the same A. This Ordinance contained First a Summary of the Charge against the King in substance this That not content with the Incroachments of his Predecessors upon the freedom of the People he had design'd to set up a Tyrannical Power and to that end had rais'd and maintain'd in the Land a Civil War against the Parliament whereby the Country hath been miserably wasted the Publick Treasure exhausted thousands of people murdered and infinite other mischiefs committed Secondly A Constitution passed of a High Court of Justice that is of a certain number of Commissioners of whom any twenty had power to try the King and proceed to Sentence according to the Merit of the Cause and see it speedily executed The Commissioners met on Saturday January 20. in Westminster-Hall and the King was brought before them sitting in a Chair He heard the Charge read but denied to plead to it either Guilty or not Guilty till he should know by what lawful Authority he was brought thither The President told him that the Parliament affirm'd their own Authority and the King persevered in his refusal to plead though many words passed between him and the President yet this is the sum of all on Monday January 22. the Court met again and the Sollicitor moved that if the King persisted in denying the Authority of the Court the Charge might be taken pro confesso but the King still denyed their Authority They met again January 23. and then the Sollicitor moved the Court for Judgment whereupon the King was requir'd to give his Final Answer which was again a denyal of their Authority Lastly They met again January 27. where the King then desir'd to be heard before the Lords and Commons in the Painted Chamber and promising after that to abide the Judgment of the Court the Commissioners retir'd for half an hour to consider of it and then returning caused the King again to be brought to the Bar and told him that what he propos'd was but another denyal of the Courts Jutisdiction and that if he had no more to say they
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 Vlster 300 l. 1000 Acres in Conaught 450 l. 1000 Acres in Munster 600 l. 1000 Acres in Lemster 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 1 d. to 3 d. 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 Scots 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 New-market 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 it 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 Penington 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 spy 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
towards Worcester This made them to divide again and the Earl to go into the West and Waller to pursue the King By this means it so sell out that both their Armies were defeated for the King turn'd upon Waller routed him at Copredy-Bridge took his Train of Artillery and many Officers and then presently followed the Earl of Essex into Cornwal where he had him at such advantage that the Earl himself was fain to escape in a small Boat to Plymouth his Horse broke through the King's Quarters by night but the Infantry were all fore'd to lay down their Arms and upon conditions never more to bear Arms against the King were permitted to depart In October following was fought a second and sharp Battel at Newbery for this Infantry making no Conscience of the Conditions made with the King being now come towards London as far as Basingstoke had Arms put again into their hands to whom some of the Trained Bands being added the Earl of Essex had suddenly so great an Army that he attempted the King again at Newbery and certainly had the better of the day but the night parting them had not a complete Victory And it was observed here that no part of the Earl's Army fought so keenly as they who had laid down their Arms in Cornwal These were the most important Fights in the year 1644 and the King was yet as both himself and others thought in as good a condition as the Parliament which despair'd of Victory by the Commanders then us'd therefore they voted a new modelling of the Army suspecting the Earl of Essex though I think wrongfully to be too much a Royalist for not having done so much as they look'd for in this second Battel at Newbery The Earls of Essex and Manchester perceiving what they went about voluntarily laid down their Commissions and the House of Commons made an Ordinance That no Member of either House should enjoy any Office or Command Military or Civil With which oblique blow they shook off those that had hitherto serv'd them too well and yet out of this Ordinance they excepted Oliver Cromwel in whose Conduct and Valour they had very great confidence which they would not have done if they had known him as well then as they did afterwards and made him Lieutenant-General In the Commission to the Earl of Essex there was a Clause for Preservation of His Majesty's Person which in this new Commission was left out though the Parliament as well as the General were as yet Presbyterians B. It seems the Presbyterians also in order to their ends would fain have had the King murdered A. For my part I doubt it not For a Rightful King living an usurping Power can never be sufficiently secured In this same year the Parliament put to death Sir John Hotham and his Son for tampering with the Earl of Newcastle about the Rendition of Hull And Sir Alexander Carew for endeavouring to deliver up Plymouth where he was Governour for the Parliament And the Archbishop of Canterbury for nothing but to please the Scots For the General Article of going about to subvert the Fundamental Laws of the Land was no Accusation but only soul words They then also voted down the Book of Common-Prayer and ordered the use of a Directory which had been newly compos'd by an Assembly of Presbyterian Ministers They were also then with much ado prevailed with for a Treaty with the King at Vxbridge where they remitted nothing of their former demands The King had also at this time a Parliament at Oxford consisting of such discontented Members as had lest the Houses at VVestminster but sew of them had changed their old principles and therefore that Parliament was not much worth Nay rather because they endeavoured nothing but Messages and Treaties that is to say defeating the Soldiers hope of benefit by the War they were thought by most men to do the King more hurt than good The year 1645 was to the King very unfortunate for by the loss of one great battel he lost all he had formerly gotten and at length his life The new model'd Army after consultation whether they should lay Siege to Oxford or march Westward to the relief of Taunton then besieged by the Lord Goring and desended by Blake famous afterward for his Actions at Sea resolv'd for Taunton leaving Cromwel to attend the motions of the King though not strong enough to hinder him The King upon this advantage drew his Forces and Artillery out of Oxford This made the Parliament to call back their General Fairfax and order him to besiege Oxford The King in the mean time relieved Chester which was besieged by Sir VVilliam Brereton and coming back took Leicester by force a place of great importance and well provided of Artillery and Provision Upon this success it was generally thought that the King's party was the stronger The King himself thought so and the Parliament in a manner confest the same by commanding Fairfax to rise from the Siege and endeavour to give the King battel for the Successes of the King and the treacherous divisions growing now among themselves had driven them to rely upon the fortune of one day in which at Naseby the King's Army was utterly overthrown and no hope left him to raise another therefore after the battel he went up and down doing the Parliament here and there some shrewd turns but never much increasing his number Fairfax in the mean time first recovered Leiâ—ester and then marching into the West subdued it all except only a few places forcing with much ado my Lord Hopton upon honourable conditions to disband his Army and with the Prince of VVales to pass over to Scilly whence not long after they went to Paris In April 1646 General Fairfax began to march back to Oxford in the mean time Rainsborough who besieged VVoodstock had it surrendered The King therefore who was now also returned to Oxford from whence VVoodstock is but six miles not doubting but that he should there by Fairfax be besieged and having no Army to relieve him resolved to get away disguised to the Scotch Army to Newâ—rk and thither he came the 4th of May and the Scotch Army being upon remove homewards carried him with them to Newcastle whither he came May the 13th B. Why did the King trust himself with the Scots They were the first that rebell'd They were Presbyterians i. e cruel Besides they were indigent and consequently might be suspected would sell him to his Enemies for money And lastly They were too weak to defend him or keep him in their Country A. What could he have done better For he had in the Winter before sent to the Parliament to get a Pass for the Duke of Richmond and others to bring them propositions of Peace it was denied he sent again it was denied again Then he desired he might come to them in person this also was denied He sent again and again to the same purpose but instead