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
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
Negatives make an Affirmative so two Treasons make Loyalty This Year also were reduced to the obedience of the Rump the Islands of Scilly and Man and the Barbado's and St. Christophers One thing fell out that they liked not which was that Cromwel gave them warning to determine their sitting according to the Bill for Triennial Parliaments B. That I think was harsh A. In the year 1652. May 14. began the Dutch War in this manner three Dutch Men of War with divers Merchants from the Straights being discovered by one Captain Young who commanded some English Frigats the said Young sent to their Admiral to bid him strike his Flag a thing usually done in acknowledgment of the English Dominion in the Narrow Seas which accordingly he did Then came up the Vice-Admiral and being called so as the other was to take down his Flag he answered plainly he would not but after the exchange of four or five Broadsides and mischief done on either part he took it down but Captain Young demanded also either the Vice-Admiral himself or his Ship to make satisfaction for the dammage already sustained To which the Vice-Admiral answered that he had taken in his Flag but would defend himself and his Ship where-upon Captaiu Young consulting with the Captains of his other Ships lest the beginning of the War in this time of Treaty should be charged upon himself and night also coming on thought sit to proceed no farther B. The War certainly began at this time but who began it A. The Dominion of the Sea belonging to the English there can be no question but the Dutch began it and that the said Dominion belonged to the English it was confest at first by the Admiral himself peaceably and at last by the Vice-Admiral taking in their Flags About a Fortnight after there happened another Fight upon the like occasion upon Tromp with 42 Men of War who came back to the back of Godwin-sands Major Bourn being then with a few of the Parliament's Ships in the Downs and Blake with the rest farther Westward and sent two Captains of his to Bourn to excuse his coming thither To whom Bourn returned this answer that the Message was civil but that it might appear real he ought to depart So Tromp departed meaning now Bourn was satisfied to sail towards Blake and he did so but so did also Bourn for fear of the worst When Tromp and Blake were near one another Blake made a shot over Tromp's Ship as a warning to him to take in his Flag This he did thrice and then Tromp gave him a Broad-side and so began the Fight at the beginning whereof Bourn came in and lasted from two a Clock till night the English having the better and the Flag as before making the Quarrel B. What need is there when both Nations were heartily resolved to fight to stand so much upon this Complement of who should begin For as to the gaining of Friends and Confederates thereby I think 't is in vain seeing Princes and States on such occasions look not much upon the Justice of their Neighbours but upon their own concernment in the Event A. It is commonly so but in this case the Dutch knowing the Dominion of the Narrow Seas to be a gallant Title and envied by all the Nations that reach the Shore and consequently that they were likely to oppose it did wisely enough in making this point the state of the Quarrel After this Fight the Dutch Ambassadors residing in England sent a Paper to the Council of State wherein they stiled this last Encounter a rash action and affirmed it was done without the knowledge and against the will of their Lords the States General and desired them that nothing might be done upon it in heat which might become irreparable The Parliament hereupon voted First That the States General should pay the Charges they were at and for the Dammages they sustained upon this occasion Secondly That this being paid there should be a Cessation of all Acts of Hostility and a mutual Restitution of all Ships and Goods taken Thirdly And both these agreed so that there should be made a League between the two Common-wealths These Votes were sent to the Dutch Ambassadors in answer of the said Paper but with a Preamble setting fâ—rth the former kindnesses of England to the Netherlands and taking notice of their new Fleet of 150 Men of War without any other apparent Design than the Destruction of the English Fleet. B. What answer made the Dutch to this A. None Tromp sailed presently into Zealand and Blake with 70 Men of War to the Orkney-Islands to seize their Busses and to wait for five Dutch Ships from the East-Indies and Sir George Ascue newly return'd from the Barbados came into the Downs with fifteen Men of War where he was commanded to stay for a Recruit out of the Thames Tromp being recruited to 120 Sail made account to get in betwen Sir George Ascue and the Mouth of the River but was hindred so long by contrary Winds that the Merchants calling for his Convoy he could stay no longer and so he went back into Holland and thence to Orkney where he met with the said five East-India Ships and sent them home and then he endeavour'd to engage with Blake but a sudden Storm forced him to Sea so dissipated his â—leet that only forty two came home in one Body the rest singly as well as they could Blake also came home but went first to the Coast of Holland with 900 Prisoners and six Men of War taken which were part of twelve which he found and took Guarding their Busses This was the first Bout after the War declar'd In August following there hapned a Fight between De Ruiter the Admiral of Zeland with fifty Men of War and Sir George Ascue near Plimouth with forty wherein Sir George had the better and might have got an entire Victory had the whole Fleet engaged Whatsoever was the matter the Rump though they rewarded him never more imployed him after his return in their Service at Sea but Voted for the year to come three Generals Blake that was one already and Dean and Monk About this time Arch Duke â—eopold Besieging Dunkirk and the French sending a Fleet to relieve it General Blake lighting on the French at Calaâ—s and taking seven of their Ships was cause of the Towns Surrender In September they fought again De Wit and Râ—iter commanding the Dutch and â—lâ—ke the English and the Dutch were again worsted Again in the end of November Vâ—n Tromp with 80 Men of War shewed himself at the back of Gâ—dwinsandâ— where Blâ—ke though he had with him but 40 adventur'd to fight with him and had much the worst and night parting the â—ray retir'd into the River of Thames whilst Van Tromp keeping the Sea took some inconsiderable Vessels from the English and thereupon as it is said with a Childish Varity hung out a Broom from his Main Top-Mast signifying