therefore they might govern well enough if they had honesty and wit enough The first Act of the Rump was the Exclusion of those Members of the House of Commons which had been formerly kept out by violence for the procuring of an Ordinance for the Kings Tryal for these men had appear'd against the Ordinance of Non-Addresses and therefore to be excluded because they might else be an impediment to their future designs B. Was it not rather because in the Authority of few they thought the fewer the better both in regard of their shares and also of a nearer approach in every one of them to the Dignity of a King A. Yes certainly that was their principal end B. When these were put out why did not the Counties and Burroughs chuse others in their places A. They could not do that without Order from the House After this they constituted a Council of forty persons which they termed a Council of State whose Office was to execute what the Rump should command B. When there was neither King nor House of Lords they could not call themselves a Parliament for a Parliament is a meeting of the King Lords and Commons to confer together about the businesses of the Common-wealth with whom did the Rump confer A. Men may give to their Assembly what Name they please what signification soever such Name might formerly have had and the Rump took the Name of Parliament as most suitable to their purpose and such a Name as being Venerable among the people for many hundred years had countenanced and sweetned Subsidies and other Levies of Money otherwise very unpleasant to the Subject They took also afterwards another name which was Custodes Libertatis Angliae which Title they used only in their Writs issuing out of the Courts of Justice B. I do not see how a Subject that is tyed to the Laws can have more liberty in one form of Government than another A. Howsoever to the people that understand by Liberty nothing but leave to do what they list it was a Title not ingrateful Their next work was to set forth a publick Declaration that they were fully resolv'd to maintain the Fundamental Laws of the Nation as to the preservation of the Lives Liberties and Proprieties of the people B. What did they mean by the Fundamental Laws of the Nation A. Nothing but to abuse the people for the only Fundamental Law in every Commonwealth is to obey the Laws from time to time which he shall make to whom the People have given the Supreme Power How likely then are they to uphold the Fundamental Laws that had murdered him who was by themselves so often acknowledged their lawful Soveraign Besides at the same time that this Declaration came forth they were erecting the High Court of Justice which took away the lives of Duke Hamilton the Earl of Holland and the Lord Capel whatsoever they meant by a Fundamentall Law the erecting of this Court was a breach of it as being warranted by no former Law or Example in England At the same time also they levied Taxes by Souldiers and permitted Free Quarter to them and did many other Actions which if the King had done they would have said had been done against the Liberty and Propriety of the Subject B. What silly things are the common sort of people to be cozen'd as they were so grosly A. What sort of people as to this matter are not of the common sort the craftiest Knaves of all the Rump were no wiser than the rest whom they cozen'd for the most of them did believe that the same things which they impos'd upon the generality were just and reasonable and especially the great Haranguers and such as pretended to Learning for who can be a good Subject in a Monarchy whose Principles are taken from the Enemies of Monarchy such as were Cicero Seneca Cato and other Polititians of Rome and Aristotle of Athens who spake of Kings but as Wolves and other ravenous Beasts You may perhaps think a man has need of nothing else to know the duty he owes to his Governour and what right he has to order him but a good Natural Wit But it is otherwise for it is a Science and built upon sure and clear Principles and to be learn'd by deep and careful study or from Masters that have deeply studied it And who was there in the Parliament or in the Nation that could find out those evident Principles and derive from thence the necessary Rules of Justice and the necessary Connexion of Justice and Peace The people have one day in seven the leisure to hear Instructions and there are Ministers appointed to teach them their duty But how have these Ministers perform'd their Office A great part of them namely the Presbyterian Ministers throughout the whole War instigated the people against the King so did also Independent and other fanatick Ministers The rest contented with their Livings preached in their Parishes points of Controversie to Religion importinent but to the breach of Charity among themselves very effectual or else Eloquent things which the people either understood not or thought themselves not concern'd in But this sort of Preachers as they did little good so they did little hurt the mischief proceeded wholly from the Presbyterian Preachers who by a long practis'd Histrionick Faculty preached up the Rebellion powerfully B. To what end A. To the end that the State becoming popular the Church might be so too and govern'd by an Assembly and consequently as they thought seeing Politicks are subservient to Religion they might govern and thereby satisfie their covetous humour with Riches and also their malice with Power to undo all men that admir'd not their wisdom Your calling the people silly things oblig'd me by this digression to shew you that it is not want of Wit but want of the Science of Justice that brought them into these troubles Perswade if you can that man that has made his Fortune or made it greater or an Eloquent Orator or a ravishing Poet or a subtil Lawyer or but a good Hunter or a cunning Gamester that he has not a good Wit and yet there were of all these a great many so silly as to be deceived by the Rump They wanted not wit but the knowledge of the Causes and grounds upon which one person has a right to govern and the rest an obligation to obey which grounds are necessary to be taught the people who without them cannot live long in peace among themselves B. Let us return if you please to the proceedings of the Rump A. In the rest of the year they voted a new Stamp for the Coyn of this Nation They considered also of Agents to be sent into foreign parts and having lately receiv'd Applause from the Army for their work done by the High Court of Justice and encouragement to extend the same farther they perfected the said High Court of Justice in which were tryed Duke Hamilton the Earl of Holland
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
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
the Lord Capel the Earl of Norwich and Sir John Owen whereof as I mention'd before the first three were beheaded This affrighted divers of the Kings Party out of the Land for not only they but all that had born Arms for the King were at that time in very great danger of their lives for it was put to the question by the Army at a Council of War whether they should be all massacred or no where the No's carried it but by two Voices Lastly March 24. they put the Mayor of London out of his Office fined him two thousand pound disfranchised him and condemn'd him to two Months imprisonment in the Tower for refusing to proclaim the Act for abolishing of the Kingly Power And thus ended the year 1648. and the Monthly Fast God having granted that which they fasted for the Death of the King and the possession of his Inheritance By these their proceedings they had already lost the hearts of the generality of the people and had nothing to trust to but the Army which was not in their power but in Cromwel's who never fail'd when there was occasion to put them upon all Exploits that might make them odious to the people in order to his future dissolving them whensoever it should conduce to his ends In the beginning of 1649. the Scots discontented with the proceedings of the Rump against the late King began to levy Souldiers in order to a new Invasion of England The Irish Rebels for want of timely resistance from England were grown terrible and the English Army at home infected by the Adjutators began to cast about how to share the Land among the Godly meaning themselves and such others as they pleas'd who were therefore called Levellers Also the Rump for the present were not very well provided of Money and therefore the first thing they did was the laying of a Tax upon the people of ninety thousand pound a Month for the Maintenance of the Army B. Was it not one of their Quarrels with the King that he had levied Money without the consent of the people in Parliament A. You may see by this what reason the Rump had to call it self a Parliament for the Taxes imposed by Parliament were always understood to be by the peoples consent and consequently legal To appease the Scots they sent Messengers with flattering Letters to keep them from ingaging for the present King but in vain for they would hear nothing from a House of Commons as they call'd it at Westminster without a King and Lords But they sent Commissioners to the King to let him know what they were doing for him for they were resolv'd to raise an Army of seventeen thousand Foot and six thousand Horse for themselves To relieve Ireland the Rump had resolv'd to send eleven Regiments thither out of the Army in England This happened well for Cromwel for the Levelling Souldiers which were in every Regiment many and in some the major part finding that instead of dividing the Land at home they were to venture their lives in Ireland flatly denied to go and one Regiment having cashier'd their Colonel about Salisbury was marching to joyn with three Regiments more of the same resolution but both the General and Cromwel falling upon them at Burford utterly defeated them and soon after reduced the whole Army to their obedience And thus another of the Impediments to Cromwel's Advancement was soon remov'd Thus done they came to Oxford and thence to London and at Oxford both the General and Cromwel were made Doctors of the Civil Law and at London feasted and presented by the City B. Were they not first made Masters then Doctors A. They had made themselves Masters already both of the Laws and Parliament The Army being now obedient the Rump sent over those eleven Regiments into Ireland under the Command of Doctor Cromwel entituled Governour of that Kingdom the Lord Fairfax being still General of all the Forces both here and there The Marquess now Duke of Ormond was the Kings Lieutenant of Ireland and the Rebels had made a Confederacy among themselves and those Confederates had made a kind of League with the Lieutenant wherein they agreed upon liberty given them in the exercise of their Religion to be faithful to and assist the King To these also were joyned some Forces raised by the Earls of Castlehaven and Clanriccard and my Lord Inchequin so that they were the greatest United Strength in the Island but there were among them a great many other Papists that would by no means subject themselves to Protestants and these were called the Nuncio's Party as the other were called the Confederate Party These Parties not agreeing and the Confederate Party having broken their Articles the Lord Lieutenant seeing them ready to besiege him in Dublin and not able to defend it to preserve the place for the Protestants surrenders it to the Parliament of England and came over to the King at this time when he was carried from place to place by the Army From England he went over to the Prince now King residing then at Paris But the Confederates affrighted with the news that the Rump was sending over an Army thither desir'd the Prince by Letters to send back my Lord of Ormond ingaging themselves to submit absolutely to the Kings Authority and to obey my Lord of Ormond as his Lieutenant And thereupon he was sent back This was about a year before the going over of Cromwel in which time by the Dissentions in Ireland between the Confederate Party and the Nuncio's Party and discontents about Command this otherwise sufficient Power effected nothing and was at last defeated August the second by a Salley out of Dublin which they were besieging Within a few days after arriv'd Cromwel who with extraordinary diligence and horrid Executions in less than a Twelvemonth that he staid there subdued in a manner the whole Nation having kill'd or exterminated a great part of them and leaving his Son-in-law Ireton to subdue the rest But Ireton died there before the business was quite done of the Plague This was one step more towards Cromwel's Exaltation to the Throne B. What a miserable condition was Ireland reduced to by the Learning of the Roman as well as England was by the Learning of the Presbyterian Clergy A. In the latter end of the preceding year the King was come from Paris to the Hague and shortly after came thither from the Rump their Agent Dorislaus Doctor of the Civil Law who had been imployed in the drawing of the Charge against the late King But the first night he came as he was at Supper a Company of Cavaliers near a dozen entred his Chamber kill'd him and got away Not long after also their Agent at Madrid one Ascham that had written in defence of his Masters was kill'd in the same manner About this time came out two Books one written by Salmasius a Presbyterian against the Murder of the King another written by Milton