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A31642 Treason's master-piece, or, A conference held at Whitehall between Oliver, the late usurper, and a committee of the then pretended Parliament who desired him to take upon him the title of King of England ... : wherein many of the leading-men of those times did, by unanswerable arguments, assert and prove monarchy to be the only legal ancient, and necessary form of government in these kingdoms / collected by a faithful hand.; Monarchy asserted to be the best, most ancient and legall form of government Fiennes, Nathaniel, 1607 or 8-1669.; Whitlocke, Bulstrode, 1605-1675 or 6. 1680 (1680) Wing C19; ESTC R14983 78,281 128

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Treason's Master-piece OR A CONFERENCE Held at WHITEHALL BETWEEN OLIVER The late USURPER AND A COMMITTEE OF The then pretended PARLIAMENT Who desired him To take upon him the Title of KING of England c. with an intent to exclude the ROYAR LINE WHEREIN Many of the Leading-men of those times did by unanswerable Arguments assert and prove MONARCHY to be the only legal ancient and necessary form of Government in these Kingdoms Collected by a faithful hand LONDON Printed for Daniel Major at the Hand and Scepter in Fleetstreet near St. Du●stan's-Church 1680. THE PREFACE IT may be said and that very truely That this Island of Great Britain which though so called is but as it were a Span of ground if compared with many Islands in the Universe hath been a greater Stage or Field of Blood for many Centuries of years last past than any other Island or Nation in the world though of far larger Dimensions and capacity of People And what hath been the occasion of those tragical Revolutions which have happened therein especially in the last Age is too easie for any impartial man to judge if he observe the Series of the several Passages from 1641 to 1659. The strange Jealousies of the Government which had crept into the minds of the People and the desire of Change a thing natural to the Vulgar together with the subtile Artifices of the principal Engines of the late Confusions who stimulated the Disloyalty of the People under a specious pretence of Piety and Reformation when indeed nothing but Covetousness and vile Ambition as the chief End and Rebellion as the means to attain to that End lay like the Snake in the Grass did diffuse such a general Infection through the Veins of the whole Kingdom as if nothing but the Swords of the Incendiaries could have been the Instruments to let out that ill Bloud They directed their Points against the credulous People as well as against the King who they said had offended They slaughtered many and many thousands of poor cheated and deluded men as well as embrued their hands in the bloud of their sacred and lawful Soveraign They deceived their ignorant Fellow-subjects as the Turkish Emperours are mentioned in Story to impose upon their common Souldiers who when their Armies were to ford any unpassable River were wont to perswade them that as many of them as would throw themselves in and make a Pile with their Bodies which should fill or dam up that depth should be sure to go to Elysium Thus did these Time-Reformers wade through the Gore of the ignorant People till they had arrived to the desired shore of their Lust and Ambition But no sooner were they gotten into the Seat of Supremacy but they fell out amongst themselves like so many Robbers for a Booty who should have the greatest share in the Spoil and Havock they had made of a Rich and Opulent Kingdom and who should be the Governours to prescribe Laws and Methods of Regiment over the People And at last the stronger Party of them found it was necessary to keep that Power they had by Arbitrary Government viz. force of Arms such a Force as before they dreamt was intended against them And when they saw their illegal form of No-Government was not like to be long-liv'd and found by Experience that the Nation could be no longer supported under nor relieved from the Exorbitancies of their confused Anarchy then they had Wit enough to prove by Arguments that MONARCHY was the onely LEGAL ANCIENT and NECESSARY Form of Government though they had not so much Honesty as to restore that King to his Throne who had Right to rule over them but endeavoured to set up an Usurper From whence may be concluded That it was not Monarchy alone they first struck at but the utter Exclusion of the Royal Line And this Artifice had certainly taken effect had it not been prevented by the under-hand Policies of Lambert and some others of the then Ring-leaders for though Cromwel made a seeming Denyal yet it might have been fatal to have trusted him too far And now Reader having said this I think I need not make any Apology for the publishing the ensuing Collection at such a time as this is a time which looks so black and dismal which seems to be as it were the Ghost or representation in Effigie of 1641 a Time wherein the Government is threatned by two vast Extreams and seems to stand inter Scyllam Charybdim And I could heartily wish that a due Consideration of what is herein contained may serve to the converting the mindes of several persons who I fear are almost ready to revive the Good Old Cause and act over the old Tragedy again And seeing Regal Government is the great Basis on which the Welfare of this Kingdom stands I wish that all English men would be so far from thinking of the alteration of this admirable Constitution as to bless Almighty God that we have a King already such a King whose transcendent Clemency towards us hath far exceeded our deserts such a King to whom next under God we owe our Laws Religion Wealth Liberty and Property and who graciously condescended to pass An Act of Oblivion upon his Restauration Therefore pray for an Establishment of the present Government to the end of days as prayeth A hearty lover of his King and Country C. C. Thursday the Ninth of April 1657. ORdered by the Parliament that a Committee be appointed to wait upon his Highness the Lord Protector in reference to what his Highness did yesterday propose in his Speech now reported to the House Resolved That this Committee have power to receive from his Highness his doubts and scruples touching any of the particulars contained in the humble Petition and Advice formerly presented and in answer thereunto to offer to his Highness reasons for his satisfaction and for the maintainance of the Resolutions of this House and such particulars as they cannot satisfie his Highness in that they report the same to the Parliament The Names of the Committee Lord Whitlock Lord Broghill Master of the Rolls Lord Commissioner Lisle Mr. Waller Lord Chief Justice Sir Charles Woolseley Gen. Montague Col. Jepson Sir Thomas Jones Sir William Strickland Col. Thistlethwait Lord Commissioner Fines Sir Richard Onslow Sir Rich. Lucy Mr. Secretary Atturney of the Dutchy Atturney General Mr. Godfrey Lord Howard Col. Jones Col. Carter Col. Whitgrave Col. Brooks Mr. Lee. Mr. Jenkinson Mr. Bampfield Mr. Drake Col. Ingoldsby Mr. Pitts Mr. Pickering Lord Cockram Mr. Grove Mr. Lloyd Mr. Nath. Bacon Mr. Ingoldsby Lord Provost of Edenb Mr. Bedfor Col. Ireland Col. Hacker Major Wagstaffe Mr. Franc. Bacon Mr. Downing Mr. Price Maj. Gen. Whaley Sir John Reynolds Mr. Steward Sir Christ Pack Mr. Lawrence Alderm Foot Capt. Lilburne Sir William Roberts Mr. Trevor Mr. Baron Parker Mr. Tigh Sir John Hobart Mr. Hamden Mr. Cromwell Mr. Throgmortou Mr. Fleetwood Mr. Philips Maj. Gen. Goffe Mr. Fowell
last said may make up as it were but one King this 500 years the law not admitting an Inter-Regnum from whence I inferre that as it was not the end of our Warre as appears by six or seven Declarations of Parliament one whereof was ordered to be read in all Churches so our providence led not to lay aside either the Name or Office but that Family which oppressed us then all mens lives and liberties depend on this settlement it is necessary then to lay it in the strongest foundation that may be And as for that of safety it is not for me to speak much to it but certainly it is to be hoped that as a Parliament advise your Highnesse to things honest and lawful and by them judged necessary for a good settlement and therein take care and provide for our Rights as men and Christians and your Highness thereunto all dangers by Gods blessing upon your Highness wisdom backed with such an Annuity and an Army under the conduct of so many religious and faithful persons so well principled to the obedience of lawful powers may be prevented And therefore I humbly hope God will incline your Highness to grant the Petition and advice of the Parliament 16. April Sir Richard Onslow The Lord Protectors Objections OBjection That the Title of King is a name of an office and any other name which may imply the supreme Magistrate hath the same signification and therefore no necessity of the name Answer every office ought to have a name adequate to the said office and no other name than King can be suitable and comprehensive enough to contain in it the common good to all intents and purposes It is a Rule that the Kings of England cannot alter the laws of England ratione nominis but is bound to Govern according to the laws of England but for any other name there is no obligation lies upon it That the very Title is necessary was declared in the 9. year of E. 4. when the great controversie was betwixt E. 4. and H. 6. that sometimes one was in possession and then another that it was necessary the Realm should have a King under whom the laws might be maintained and holden for every action done by the King in possession was valid and good for it was his Jurisdiction Royal so likewise the first of H. 7. so 3. the same opinion was held and declared that a King de facto was necessary and in all alterations from persons and families Yet our Ancestors always retained the Title and the Name There is a prius and a primum another name may in order and degree be first that is before other men but it was a King was primum the first name that had its beginning with our laws The Customes of England are the Laws of England as well as our States laws the title of King and custom are two twins born together and have had continuance together and therefore to say Protector of which we know the date with Custom of which no memory can speak is a kind of contradiction to the Original Then there must be a Law introductive because Protector is a new name that our Law doth not yet know Now to ingraft a young Cien upon an old stock it will never grow but there must be an irradication of the old root and a new plantation must be made and that all the old customes must be put into positive laws and that will be a thing consisting of much time and great difficulty The title of King is so incorporated and in conjunction with our Customes which do very much concern the people of England to be upheld and then there is a rule Quaeque res in conjunctione pro bono conjunctionis that ought to be done which is for the good of the conjunction and benefit thereof and if it be for the advantage of the single person and the people it brings me to mind of another rule my old Master Tully taught me Communis utilitatis derclictio contra naturam est it is not natural to decline that which is for a common benefit and utility And therefore I shall say but this as to the title that as the Patriarch Jacob joyned together in his blessing upon Judah the Law-giver and the Scepter so the Parliament of the three Nations desires to preserve the title King in and upon the Law 2. Objection another argument your Highness was pleased to draw from providence that had brought you to this place through much darkness and had seemed to lay this title aside of King Answer it becomes all men to acknowledge the acting of the providence and power of God for bringing to pass whatsoever he hath determined in the world and it is the mighty and wise hand of providence which Triumphs over Nations and Triumphs and treads down all oppositions Yet your Highness observes it is not a rule to walk by without the word the reason the causes are hidden in the secret Counsel of Gods will you may see in the Revelations the Book is Sealed up with seven Seals we may read what is past because it is written on the outside of the Book but what is to come we cannot read and we ought not to limit providence nor can we bound it with a no further 3. Objection this State hath by providence received several thanges to great ones from the former constitution that of the Keepers of the Liberties of England and this present Government under the title of Protector and the first seemed to be the result of 7 years war against the Title and the Family Answer it must be confessed it proved the event of 7. years war but the reasons of the war did not lead to it for the war was for King and Parliament for the office but against the person against the exorbitancy and irregularities in his Government but it was providence that took away at that time both the Office and the Family It was also providence that altered from that of a Republick to this of a Protector that act being as much against Protector as a King for it was against a Single Person And may not by the same series of providence this Parliament as well set up Kingly Government as that Parliament took it away having also the same power they had 4. Objection Another ground why your Highness would not accept of the Title was the dissatisfaction many persons who had been instrumental in carrying on the work have against that title Answer in every change of Government there was and still will be persons unsatisfied because men are of mixt interests and differing in judgement upon the change to a Republick those that conceived the Monarchical Government best were unsatisfied but all ought to submit and be concluded by the judgement of a Parliament Your Highness was pleased to say that neither your self nor those that tendred to you the instrument were authors in the first change but it was the long
Three Nations both for Spiritual and Civil Liberties If there was a proper time to make David King when they Covenanted with him at Hebron it is now a proper time for you to accept this Title when the Parliament hath brought this with a Covenant for the Three Nations that relates both to their civil and Spiritual Liberties Lord Broghill SIR I can add so little to what hath been already spoken that were it not in obedience to command I should with much more satisfaction be silent then now speak but being under an obligation I may not violate I shall in obedience thereof presume to lay my poor thoughts before you but first I shall take the boldness to say I believe it is a thing impossible for any to particularize every individual reason which invites a Parliament to pass any Vote for the Parliament is a body consisting of many Members and all of them relish those arguments and reasonings which are most consonant to every mans apprehension in which there is so great variety that though when a Vote is past we may conclude that Vote is the sense of the House yet we cannot say that these and none but these reasons produced that result I onely mention this Sir that whatever I shall speak may be considered by you but as my poor apprehension what in some degree might have contributed to move the Parliament to petition and advise your Highness to assume the Title and Office of King for it would be too high a presumption in any Member especially in me above any to dare aver that what I should now say did only invite the Parliament to give your Highness that Counsel having thus humbly premised what I held my self obliged unto in duty I shall now proceed to acquaint you what in my weak judgment did in some measure move the Parliament to do what they have done First I humbly conceive that the Title of King is that which the Law takes notice of as the Title of Supream Magistrate and no other and that the old foundations that are good are better than any new ones though equally good in their own nature what is confirmed by time and experience carries along with it the best Trial and the most satisfactory stamp and authority Secondly It was considered too that it was much better that the Supreme Magistrate should be fitted to the Laws that are in being than that those Laws should be fitted unto him Thirdly The people legally assembled in Parliament having considered of what Title was best for the supreme Magistrate did after a solemn debate thereof pitch upon that of King it being that by which the people knew their duty to him and he the duty of his Office towards them and both by old and known Laws Fourthly There is hardly any who own Government at all in these Nations but think themselves obliged to obey the old Laws or those which your Highness and the Parliament shall enact So that if the Supream Magistrate of these Three Nations be intituled King all those who reverence the old Laws will obediently and chearfully accept of him as that which is setled upon the establishment they own and all that own this present authority will do the like because grafted by it by which none can rest unsatisfied that think it a duty to obey former Authorities or the present Fifthly The former Authorities know no Supream Magistrate but by the Title of King and this present Authority desires to know him by no other which if refused might it not too much heighten our enemies who may boulster up their faint hopes with saying to one another and to those which assist them that their chief is not onely under that Title which all past Parliaments have approved but under that Title which even this Parliament does approve likewise and that your head is not known by the former Laws and has refused to be known by that application which even the Parliament that he himself hath called doth desire to know him by Sixthly By your Highness bearing the Title of King all those that obey and serve you are secured by a Law made long before any of our differences had a being in the 11th Hen. 7. where a full provision is made for the safety of those that shall serve who ever is King 't is by that Law that hitherto our enemies have pleaded indemnity and by your assuming what is now desired that Law which hitherto they pretended for their disobedience tyes them even by their own profession and principles to obedience and I hope taking off all pretences from so numerous a party may not be a thing unworthy consideration That the Law seems very rational for it doth not provide for any particular family or person but for the peace and safety of the people by obeying whoever is in that Office and bears that Title The end of all Government is to give the people justice and safety and the best means to obtain that end is to settle a Supream Magistrate it would therefore seem very irrational that the people having obtained the end should decline that end onely to follow the means which is but conducing to that end so that if the Title and Office of King be vested in your Highness and that thereby the people enjoy their rights and peace it would be little less than madness for any of them to cast off those blessings onely in order to obtain the same end under another person Seventhly there is at present but a divorce between the pretending King and Imperial Crown of these Nations and we know that persons divorc'd may marry again but if the person be married to another it cuts off all hope These may be some of those reasons which invited the Parliament to make that desire and give that advice to your Highness of assuming the Title of King There is another and a very strong one which is that now they have actually given you that advice and the advices of the Parliaments are things which always ought and therefore I am confident will carry with them very great force and Authority nor doth this advice come singly but accompanied with many other excellent things in reference to our civil and spiritual Liberties which your Highness hath born a just and signal testimony to It is also a Parliament who have given unquestionable proofs of their affection to your Highness and who if listned to in this particular will be thereby encouraged to give you more Lord Protector I Have very little to say to you at this time I confess I shall never be willing to deny or defer those things that come from the Parliament to the Supream Magistrate if they come in the bare and naked Authority of such an Assembly as known by that name and are really the representation of so many people as a Parliament of England Scotland and Ireland is I say it ought to have its weight and it hath so and ever will have
the Ministry in times of Episcopacy alas what pityful Certificates served to make a man a Minister if any man could understand Latin and Greek it was as if he spake Welsh he was sure to be admitted which I think in those days went for Hebrew with a great many but certainly the poorest thing in the world would serve turn and a man was admitted upon such an account I and upon a less I am sure the admission that had been to those places since had been under this Character as the rule that they must not admit a man unless he be able to discern some of the Grace of God in him which was so put to as that it was not foolishly or senslesly but so far as men could Judge according to the rules of Charity but such a man whose good life and conversation they could have a very good testimony of four or five of the neighbour Ministers who knew him nor could they admit him unless he could give a very good testimony of the grace of God in him and to this I say I must speak my conscience in it though a great many are angry at it all are angry at it and how shall you please every body then say some none must be admitted except perhaps he will be baptized this is their opinion they will nor admit a man into a congregation except he be so much less to be a Minister the Presbyterian he will not admit him except he will be ordained generally they will not go to the Independants truly I think if I may not be partial I think if there be a freedom of judgment it is there Here is three sorts of Godly men that you are to take care for and that you have provided for in your settlement and how could you now put it to the Presbyterians but you must have done it with a possibility of exclusion of all those Anabaptists and of the Independants and now you have put it into the way that if a man be of any of these judgments if he have the root of the matter of him he may be admitted this hath been our care and work by some Ordinances of ours both laying the foundations of it and many hundreds of Ministers being in upon it and if this be a time of settlement then I hope it is not a time of shaking and therefore I hope you will be pleased to settle this business that you will neither shake the persons that have been poorly instrumental to call you to this opportunity of setling this Nation and doing good to it nor shake those honest mens interests that have been thus setled considering so much good hath been wrought by them and so I have done with the offers to you But here is somewhat that is indeed exceedingly past my understanding for I have as little skill in Arithmetick as I have in the Law there is great sums it is well if I can count them to you The present charge of the forces both by sea and land including the Government will be 2426989 l. the whole present Revenue in England Scotland and Ireland is about 1900000 l. I think this was reckoned at the most as now the Revenue stands Why now toward this you settle by your instrument 1300000 l. for the Government and upon that account to maintain the force by Sea and Land and this without land Tax I think and this is short of the Revenue that now may be raised by the Government 600000 l. because you see the present Government is 1900000 l. the whole sum which may now be raised comes of the present charge 542689 and although an end should be put to the Spanish War yet there will be a necessity of the preservation of the Peace of the three Nations to keep up the present established Army in England Scotland and Ireland and also a considerable Fleet for some good time until it shall please God to quiet and compose mens minds and bring the Nation to some better consistency so that considering the pay of the Army coming to upwards 1100000 l. per annum and the Government 300000 l. it will be necessary that for some convenient time seeing you find things as you do and it is not good to think a wound healed before it be that there should be raised over and above 1300000 l. the sum of 600000 l. per annum which makes up the sum of 1900000 l. that likewise the Parliament declare how far they will carry on the Spanish War and for what time and what farther sum they will raise for the carrying on the same and for what time and if these things be not as●ertained as one faith money is the cause certainly what ever the cause is if money be wanting the business will fall to the ground all our labour will be lost and therefore I hope you will have a care of our undertakings And having received expressions from you that we may believe we need not offer these things to you that these things will be cared for and these things have all of them been made overture of to you and are before you and so hath likewise the consideration of the debts which truly I think are apparent and so I have done that I have to offer you I think I have truly for my part and when I shall understand where it own me to do further and when I shall understand your pleasure in these things a little further we have answered the order o Parliament in considering and debating of these things that were the subject matter of debate and consideration and when you will be pleased to let me here further of your thoughts in these things then I suppose I shall be in a condition to discharge my self as God shall put in my mind and I speak not this to evade but I speak in the fear and reverence of God and I shall plainly and clearly I say when you shall have been pleased among your selves to take consideration of these things that I may hear what your thoughts are of these things I do not say that as a condition to any thing but I shall be very free and honest and plain to discharge my self of what in the whole upon the whole may reasonably be expected from me and God shall set me free to answer you in His Highness Speech to the Parliament in the Banqueting House at Whitehall 8. of May 1657. Mr. Speaker I Came hither to answer that that was in your last paper to your Committee you sent to me which was in relation to the desires which were offered to me by the House in that they called their petition I confess that business hath put the House the Parliament to a great deal of trouble spent much time I am very sorry that it hath cost me some and some thoughts and because I have been the unhappy occasion of the expence of so much time I shall spend little of it now I have the