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
is their private gain are naturally mortal Enemies their only glory being to grow excessively rich by the wisdom of buying and selling B. But they are said to be of all Callings the most beneficial to the Commonwealth by setting the poorer sort of people on work A. That is to say by making poor people sell their Labour to them at their own prizes so that poor people for the most part might get a better Living by working in Bridewell than by spinning weaving and other such labour as they can do saving that by working slightly they may help themselves a little to the disgrace of our Manufacture And as most commonly they are the first Encouragers of Rebellion presuming in their strength so also are they for the most part the first that repent deceiv'd by them that command their strength But to return to the War Though the King withdrew from Glocester yet it was not to fly from but to fight with the Earl of Essex which presently after he did at Newbery where the Battel was bloody and the King had not the worst unless Cirencester be put into the Scale which the Earl of Essex had in his way a few days before surpriz'd But in the North and the West the King had much the better of the Parliament for in the North at the beginning of the year May 29. the Earls of Newcastle and Cumberland defeated the Lord Fairfax who commanded in those parts for the Parliament at Bramham-moor which made the Parliament to hasten the assistance of the Scots In June following the Earl of Newcastle routed Sir Thomas Fairfax Son to the Lord Fairfax upon Adderton-heath and in pursuit of them to Bradford took and kill'd 2000 Men and the next day took the Town and 2000 Prisoners more Sir Thomas himself hardly escaping with all their Arms and Ammunition and besides this made the Lord Fairfax quit Hallifax and Beverley Lastly Prince Rupert reliev'd Newark besieg'd by Sir John Meldrum for the Parliament with 7000 men whereof 1000 were slain the rest upon Articles departed leaving behind them their Arms Bag and Baggage To ballance in part this success the Earl of Manchester whose Lieutenant General was Oliver Cromwel got a Victory over the Royalists near Horn-Castle of which he slew 400 took 800 Prisoners and 1000 Arms and presently after took and plunder'd the City of Lincoln In the West May 16. Sir Ralph Hopton at Stratton in Devonshire had a Victory over the Parliamentarians wherein he took 1700 Prisoners 13 Brass Peeces of Ordnance and all their Ammunition which was 70 Barrels of Powder and their Magazine of their other Provisions in the Town Again at Landsdown between Sir Ralph Hopton and the Parliamentarians under Sir William Waller was fought a fierce Battel wherein the Victory was not very clear on either side saving that the Parliamentarians might seem to have the better because presently after Sir William Waller follow'd Sir Ralph Hopton to the Devizes in Wiltshire though to his cost for there he was overthrown as I have already told you After this the King in Person marched into the West and took Exeter Dorchester Barnstable and divers other places and had he not at his Return besieged Glocester and thereby giving the Parliament time for new Levies 't was thought by many he might have routed the House of Commons But the end of this year was more favourable to the Parliament for in January the Scots entered England and March the first crossed the Tyne and whil'st the Earl of Newcastle was marching to them Sir Thomas Fairfax gathered together a considerable Party in Yorkscire and the Earl of Manchester from Lyn advanced towards York so that the Earl of Newcastle having two Armies of Rebels behind him and another before him was forced to retreat to York which those three Armies joyning presently besieged and these are all the considerable Military Actions in the year 1643. In the same year the Parliament caused to be made a new great Seal the Lord Keeper had carried the former Seal to Oxford Hereupon the King sent a Messenger to the Judges at Westminster to forbid them to make use of it this Messenger was taken and condemned at a Council of War and Hang'd for a Spy B. Is that the Law of War A. I know not But it seems when a Soldier comes into the Enemies Quarters without address or notice given to the chief Commander that it is presum'd he comes as a Spy The same year when certain Gentlemen at London received a Commission of Array from the King to Levy Men for his Service in that City being discover'd they were Condemn'd and some of them Executed This Case is not unlike the former B. Was not the making of a new great Seal a sufficient proof that the War was raised not to remove evil Counsellors from the King but to remove the King himself from the Government what hope then could there be had in Messages and Treaties A. The Entrance of the Scots was a thing unexpected to the King who was made to believe by continual Letters from His Commissioners in Scotland and Duke Hamilton that the Scots never intended any Invasion The Duke being then at Oxford the King assur'd that the Scots were now entered sent him Prisoner to Pendennis Castle in Cornwal In the beginning of the year 1644. the Earl of Newcastle being as I told you besieged by the joint Forces of the Scots the Earl of Manchester and Sir Thomas Fairfax the King sent Prince Rupert to relieve the Town and as soon as he could to give the Enemy Battle Prince Rupert passing through Lancashire and by the way having storm'd the seditious Town of Bolton and taken in Stock ford and Leverpool came to York July 1. and relieved it the Enemy being risen thence to a place called Marston-moor about four miles off and there was fought that unfortunate Battel that lost the King in a manner all the North Prince Rupert return'd by the way he came and the Earl of Newcastle to York and thence with some of His Officers over the Sea to Hamburgh The Honour of this Victory was attributed chiefly to Oliver Cromwel the Earl of Manchester's Lieutenant General the Parliamentarians return'd from the Field to the Siege of York which not long after upon honourable Articles was surrendred not that they were favoured but because the Parliament could not employ much time nor many men in the Siege B. This was a great and sudden abatement of the King's prosperity A. It was so but amends was made him for it within 5 or 6 weeks after for Sir William Waller after the loss of his Army at Roundway-down had another raised for him by the City of London who for the payment thereof imposed a weekly Tax of the value of one Meals meat upon every Citizen This Army with that of the Earl of Essex intended to besiege Oxford which the King understanding sent the Queen into the West and marched himself