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
liberty in one form of Government than another A. Howsoever to the people that understand by Liberty nothing but leave to do what they list it was a Title not ungrateful Their next work was to set forth a publick Declaration that they were fully resolved to maintain the Fundamental Laws of the Nation as to the preservation of the Lives Liberties and Proprieties of the people B. What did they mean by the Fundamental Laws of the Nation A. Nothing but to abuse the people for the only Fur damental Law in every Common-Wealth is to obey the Laws from time to time which he shall make to whom the people have given the Supreme Power How likely then are they to uphold the Fundamental Laws that had murdered him who was by themselves so often acknowledged their lawful Soveraign Besides at the same time that this Declaration came forth they were erecting the High Court of Justice which took away the lives of Duke Hamilton the Earl of Holland and the Lord Capel whatsoever they meant by a Fundamental Law the Erecting of this Court was a breach of it as being warranted by no former Law or Example in England At the same time also they levied Taxes by Soldiers and permitted Free Qarter to them and did many other Actions which if the King had done they would have said had been done against the Liberty and Propriety of the Subject B. What silly things are the common sort of people to be cozen'd as they were so grosly A. What sort of people as to this matter are not of the common sort the crastiest Knaves of all the Rump were no wiser than the rest whom they cozen'd for the most of them did believe that the same things which they impos'd upon the generality were just and reasonable and especially the great Haranguers and such as pretended to Learning for who can be a good Subject in a Monarchy whose Principles are taken from the Enemies of Monarchy such as were Cicoro Seneca Cato and other Polititians of Rome and Aristotle of Athens who spake of Kings but as Wolves and other ravenous Beasts You may perhap think a man has need of nothing else to know the duty he owes to his Governour and what right he has to order him but a good Natural Wit But it is otherwise for it is a Science and built upon sure and clear Principles and to be learn'd by deep and careful study or from Masters that have deeply studied it And who was there in the Parliament or in the Nation that could find out those evident Principles and derive from thence the necessary Rules of Justice and the necessary Connexion of Justice and Peace The people have one day in seven the leisure to hear Instructions and there are Ministers appointed to teach them their duty But how have these Ministers perform'd their Office A great part of them namely the Presbyterian Ministers throughout all the whole War instigated the people against the King so did also Independant and other Fanatick Ministers There contented with their Livings preached in their Parishes points of Controversie to Religion impertinent but to the breach of Charity among themselves very effectual or else Eloquent things which the people either understood not or thought themselves not concern'd in But this sort of Preachers as they did little good so they did little hurt the mischief proceeded wholly from the Presbyterian Preachers who by a long practis'd Histrionick Faculty preached up the Rebellion powerfully B. To what end A. To the end that the State becoming popular the Church might be so too and govern'd by an Assembly and consequently as they thought seeing Politicks are subservient to Religion they might govern and thereby satisfie their covetous humour with Riches and also their malice with Power to undo all men that admir'd not their Wisdom Your calling the people silly things oblig'd me by this digression to shew you that it is not want of Wit but want of the Science of Justice that brought them into these troubles Perswade if you can that man that has made his Fortune or made it greater or an Eloquent Orator or a ravishing Poet or a subtil Lawyer or but a good hunter or a cunning Gamester that he has not a good Wit and yet there were of all these a great many so silly as to be deceived by the Rump They wanted not wit but the knowledg of the Causes and grounds upon which one person has a right to govern and the rest an obligation to obey which grounds are necessary to be taught the people who without them cannot live long in peace among themselves B. Let us return if you please to the proceedings of the Rump A. In the rest of the year they voted a new Stamp for the Coyn of this Nation They considered also of Agents to be sent into Foreign Parts and having lately receiv'd Applause from the Army for their work done by the High Court of Justice and incouragement to extend the same farther they perfected the said High Court of Justice in which were tryed Duke Hamilton the Earl of Holland the Lord Capel the Earl of Norwich and Sir John Owen whereof as I mention'd before the first three were beheaded This affrighted divers of the Kings Party out of the Land for not only they but all that had born Arms for the King were 〈◊〉 that time in very great danger of their lives for it waâ— put to the question by the Army at a Council of Waâ— whether they should be all Massacred or no wherâ— the No's carried it but by two Voices Lastly Marâ—â— 24. they put the Mayor of London out of his Office fined him two thousand pound disfranchised him and condemn'd him to two Months Imprisonment in the Tower for refusing to proclaim the Act for abolishing of the Kingly Power And thus ended the year 1648. and the Monthly Fast God having granted that which they fasted for the death of the King and the possession of his Inheritance By these their Proceedings they had already lost the hearts of the generality of the People and had nothing to trust to but the Army which was not in their power but in Cromwel's who never fail'd when there was occasion to put them upon all Exploits that might make them odious to the people in order to his future dissolving them whensoever it should conduce to his ends In the beginning of 1649. the Scots discontented with the proceedings of the Rump against the late King began to levy Soldiers in order to a new Invasion of England The Irish Rebels for want of timely resistance from England were grown terrible and the English Army at home infected by the Adjutators began to cast about how to share the Land among the Godly meaning themselves and such others as they pleas'd who were therefore call'd Levellers Also the Rump for the present were not very well provided of Money and therefore the first thing they did was the laying of a
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
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