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A44019 Tracts of Mr. Thomas Hobbs of Malmsbury containing I. Behemoth, the history of the causes of the civil wars of England, from 1640 to 1660, printed from the author's own copy never printed (but with a thousand faults) before, II. An answer to Arch-bishop Bramhall's book called the catching of the Leviathan, never before printed, III. An historical narration of heresie and the punishment thereof, corrected by the true copy, IV. Philosophical problems dedicated to the King in 1662, but never printed before.; Selections. 1682 Hobbes, Thomas, 1588-1679. 1682 (1682) Wing H2265; ESTC R19913 258,262 615

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Attributes And the words God and Deity are of different signification Damascene a Father of the Church expounding the Nicene Creed denies plainly that the Deity was incarnate but all true Christians hold that God was incarnate Therefore God and the Deity signifie divers things and therefore Eternal and Eternity are not the same no more than a wise man and his wisdom are the same Nor God and his justice the same thing and universally 't is false that the Attribute in the Abstract is the same with the Substance to which it is attributed Also it is universally true of God that the Attribute in the Concrete and the substance to which it is attributed is not the same thing I come now to his next Period or Paragraph wherein he would fain prove that by denying Incorporeal Substance I take away Gods Existence The words he cites here are mine To say an Angel or Spirit is an Incorporeal Substance is to say in effect there is no Angel nor Spirit at all It is true also that to say that God is an Incorporeal Substance is to say in effect there is no God at all What alledges he against it but the School-Divinity which I have already answered Scripture he can bring none because the word Incorporeal is not found in Scripture But the Bishop trusting to his Aristotelean and Scholastick Learning hath hitherto made no use of Scripture save only of these Texts Who hath planted a Vineyard and eateth not of the fruit thereof or who feedeth a flock and eateth not of the milk of the flock and Rev. 4.11 Thou art worthy O Lord to receive glory honour and power for thou hast created all things and for thy pleasure they were created thereby to prove that the right of God to govern and punish mankind is not derived from his Omnipotence Let us now see how he proves Incorporeity by his own Reason without Scripture Either God he saith is Incorporeal or Finite He knows I deny both and say he is Corporeal and Infinite against which he offers no proof but only according to his custom of disputing calls it the root of Atheism and interrogates me what real thing is left in the world if God be Incorporeal but Body and Accidents I say there is nothing left but Corporeal Substance For I have denyed as he knew that there is any reality in accidents and nevertheless maintain Gods Existence and that he is a most pure and most simple Corporeal Spirit Here his Lordship catching nothing removes to the eternity of the Trinity which these my grounds he says destroy How so I say the Trinity and the Persons thereof are that one pure simple and eternal Corporeal Spirit and why does this destroy the Trinity more than if I had called it Incorporeal He labours here and seeketh somewhat to refresh himself in the word Person by the same grounds he saith every King has as many Persons as there be Justices of Peace in his Kingdom and God Almighty hath as many Persons as there be Kings why not For I never said that all those Kings were that God and yet God giveth that name to the Kings of the earth For the signification of the word Person I shall expound it by and by in another place Here ends his Lordships School Argument now let me come with my Scripture Argument St. Paul concerning Christ Col. 2.9 saith thus In him dwelleth all the fullness of the Godhead Bodily This place Athanasius a great and zealous Doctor in the Nicene Councel and vehement enemy of Arius the Heretick who allowed Christ to be no otherwise God then as men of excellent piety were so called expoundeth thus The fullness of the Godhead dwelleth in him Bodily Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 id est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 id est Realiter So there is one Father for Corporality and that God was in Christ in such manner as Body is in Body Again there were in the primitive Church a sort of Hereticks who maintained that Jesus Christ had not a true real Body but was onely a Phantasm or Spright such as the Latins called Spectra Against the head of this Sect whose name I think was Apelles Tertullian wrote a Book now extant amongst his other Works intituled De Carne Christi wherein after he had spoken of the nature of Phantasms and shewed that they had nothing of reality in them he concludeth with these words whatsoever is not Body is Nothing So here is on my side a plain Text of Scripture and two ancient and learned Fathers nor was this Doctrine of Tertullian condemned in the Council of Nice but the division of the Divine Substance into God the Father God the Son and God the holy Ghost For these words God has no parts were added for explication of the word Consubstantial at the request of the dissenting Fathers and are farther explained both in Athanasius his Creed in these words not three Gods but one God and by the constant Attribute ever since of the Individual Trinity The same words nevertheless do condemn the Anthropomorphites also For though there appeared no Christians that professed that God had an Organical Body and consequently that the Persons were three Individuals yet the Gentiles were all Anthropomorphites and there condemned by those words God has no parts And thus I have answered his accusation concerning the Eternity and Existence of the Divine Substance and made appear that in truth the question between us is whether God be a Phantasme id est an Idol of the Fancy which St. Paul saith is nothing or a Corporeal Spirit that is to say something that has Magnitude In this place I think it not amiss leaving for a little while this Theological dispute to examine the signification of those words which have occasioned so much diversity of opinion in this kind of Doctrine The word Substance in Greek Hypostasis Hypostan Hypostamenon signifie the same thing namely a Ground a Base any thing that has Existence or Subsistence in it self any thing that upholdeth that which else would fall in which sence God is properly the Hypostasis Base and Substance that upholdeth all the world having Subsistence not only in himself but from himself whereas other Substances have their subsistence only in themselves not from themselves But Metaphorically Faith is called a Substance Heb. 11.1 because it is the foundation or Base of our Hope for Faith failing our Hope falls And 2 Cor. 9.4 St. Paul having boasted of the liberal promise of the Corinthians towards the Macedonians calls that promise the ground the Hypostasis of that his boasting And Heb. 1.3 Christ is called the Image of the Substance the Hypostasis of his Father and for the proper and adequate signification of the word Hypostasis the Greek Fathers did always oppose it to Apparition or Phantasme as when a man seeth his face in the water his real face is called the Hypostasis of the phantastick face in the water So also in
concourse of natural Causes as T. H. seemeth to intimate or a fiction of the Brain without real Being cherished for advantage and politick Ends as a profitable Error howsoever dignified with the glorious title of the eternal Cause of all things T. H. To his Lordship's Question here What I leave God to be I answer I leave him to be a most pure simple invisible Spirit Corporeal By Corporeal I mean a Substance that has Magnitude and so mean all learned men Divines and others though perhaps there be some common people so rude as to call nothing Body but what they can see and feel To his second Question What real Being he can have amongst Bodies and Accidents I answer The Being of a Spirit not of a Spright If I should ask any the most subtil Distinguisher what middle nature there were between an infinitely subtil Substance and a meer Thought or Phantasm by what Name could he call it He might call it perhaps an Incorporeal Substance and so Incorporeal shall pass for a middle nature between Infinitely subtil and Nothing and be less subtil than Infinitely subtil and yet more subtil than a thought 'T is granted he says that the Nature of God is incomprehensible Doth it therefore follow that we may give to the divine Substance what negative Name we please Because he says the whole divine Substance is here and there and every where throughout the World and that the Soul of a man is here and there and every where throughout man's Body must we therefore take it for a Mystery of Christian Religion upon his or any Schoolman's word without the Scripture which calls nothing a Mystery but the Incarnation of the eternal God Or is Incorporeal a Mystery when not at all mentioned in the Bible but to the contrary 't is written That the fulness of the Deity was bodily in Christ When the nature of the thing is incomprehensible I can acquiesce in the Scripture but when the signification of words are incomprehensible I cannot acquiesce in the Authority of a Schoolman J. D. We have seen what his Principles are concerning the Deity they are full as bad or worse concerning the Trinity Hear himself A person is he that is represented as often as he is represented And therefore God who has been represented that is personated thrice may properly enough be said to be three Persons though neither the word Person nor Trinity be ascribed to him in the Bible And a little after To conclude the doctrine of the Trinity as far as can be gathered directly from the Scripture is in substance this that the God who is always one and the same was the Person represented by Moses the Person represented by his Son incarnate and the Person represented by the Apostles As represented by the Apostles the holy Spirit by which they spake is God As represented by his Son that was God and Man the Son is that God As represented by Moses and the High Priests the Father that is to say the Father of our Lord Jesus Christ is that God From whence we may gather the reason why those Names Father Son and Holy Ghost in the signification of the Godhead are never used in the Old Testament For they are Persons that is they have their Names from representing which could not be till divers Persons had represented God in ruling or in directing under him Who is so bold as blind Bayard The Emblem of a little Boy attempting to lade all the Water out of the Sea with a Cockle-shell doth fit T. H. as exactly as if it had been shaped for him who thinketh to measure the profound and inscrutable Mysteries of Religion by his own silly shallow conceits What is now become of the great adorable Mystery of the blessed undivided Trinity It is shrunk into nothing Upon his grounds there was a time when there was no Trinity And we must blot these words out of our Creed The Father eternal the Son eternal and the Holy Ghost eternal And these other words out of our Bibles Let us make man after our Image Unless we mean that this was a consultation of God with Moses and the Apostles What is now become of the eternal generation of the Son of God if this Sonship did not begin until about 4000 years after the Creation were expired Upon these grounds every King hath as many Persons as there be Justices of Peace and petty Constables in his Kingdom Upon this account God Almighty hath as many Persons as there have been Soveraign Princes in the World since Adam According to this reckoning each one of us like so many Geryons may have as many Persons as we please to make Procurations Such bold presumption requireth another manner of confutation T. H. As for the words recited I confess there is a fault in the Ratiocination which nevertheless his Lordship hath not discovered but no Impiety All that he objecteth is That it followeth hereupon that there be as many Persons of a King as there be petty Constables in his Kingdom And so there are or else he cannot be obeyed But I never said that a King and every one of his Persons are the same Substance The fault I here made and saw not was this I was to prove That it is no contradiction as Lucian and Heathen Scoffers would have it to say of God he was One and Three I saw the true definition of the word Person would serve my turn in this manner God in his own Person both created the World and instituted a Church in Israel using therein the Ministry of Moses the same God in the Person of his Son God and Man redeemed the same World and the same Church the same God in the Person of the Holy Ghost sanctified the same Church and all the faithful men in the World Is not this a clear proof that it is no contradiction to say that God is three Persons and one Substance And doth not the Church distinguish the Persons in the same manner See the words of our Catechism Quest. What dost thou chiefly learn in these Articles of thy Belief Answ. First I learn to believe in God the Father that hath made me and all the World Secondly In God the Son who hath redeemed me and all Mankind Thirdly In God the Holy Ghost that hath sanctified me and all the elect people of God But at what time was the Church sanctified Was it not on the day of Pentecost in the descending of the Holy Ghost upon the Apostles His Lordship all this while hath catched nothing 'T is I that catched my self for saying instead of By the Ministry of Moses in the Person of Moses But this Error I no sooner saw then I no less publickly corrected then I had committed it in my Leviathan converted into Latin which by this time I think is printed beyond the Seas with this alteration and also with the omission of some such passages as Strangers are not concerned in And I
there no particular instance of action or words out of which they argued that endeavour of his to subvert the fundamental Laws of Parliament whereof they accused him A Yes they said he gave the King counsel to reduce the Parliament to their Duty by the Irish Army which not long before my Lord of Strafford himself had caused to be Levied there for the King's Service but it was never proved against him that he advised the King to use it against the Parliament B. What are those Laws that are called fundamental for I understand not how one Law can be more fundamental than another except only that Law of Nature that binds us all to obey him whosoever he be whom lawfully and for our own safety we have promised to obey nor any other fundamental Law to a King but Salus Populi the safety and well-being of his People A. This Parliament in the use of their words when they accused any man never regarded the signification of them but the weight they had to aggravate their accusation to the ignorant multitude which think all faults hainous that are express'd in hainous terms if they hate the Person accus'd as they did this man not only for being of the King's Party but also for deserting the Parliaments Party as an Apostate B. I pray you tell me also what they meant by Arbitrary Government which they seemed so much to hate Is there any Governour of a People in the World that is forced to govern them or forced to make this and that Law whether he will or no I think not or if any be he that forces him does certainly make Laws and govern arbitrarily A. That 's true and the true meaning of the Parliament was that not the King but they themselves should have the Arbitrary Government not only of England but of Ireland and as it appeared by the event of Scotland also B. How the King came by the Government of Scotland and Ireland by descent from his Ancestors every body can tell but if the King of England and his Heirs should chance which God forbid to fail I cannot imagine what Title the Parliament of England can acquire thereby to either of those Nations A. Yes they 'l say they had been conquer'd anciently by the English Subjects Money B. Like enough and suitable to the rest of their impudence A. Impudence in Democratical Assemblies does almost all that 's done 't is the Goddess of Rhetorick and carries proof with it for what ordinary man will not from so great boldness of affirmation conclude there is great probability in the thing affirmed Upon this Accusation he was brought to his Tryal in Westminster-Hall before the House of Lords and found guilty and presently after declared Traitor by a Bill of Attainder that is by Act of Parliament B. It is a strange thing that the Lords should be induced upon so light grounds to give a Sentence or give their Assent to a Bill so prejudicial to themselves and their Posterity A. 'T was not well done and yet as it seems not ignorantly for there is a Clause in the Bill that it should not be taken hereafter for an example that is for a prejudice in the like Case hereafter B. That 's worse than the Bill it self and is a plain Confession that their Sentence was unjust for what harm is there in the Examples of just Sentences Besides if hereafter the like Case should happen the Sentence is not at all made weaker by such a Provision A. Indeed I believe that the Lords most of them were not of themselves willing to condemn him of Treason they were awed to it by the clamor of Common People that came to Westminster crying out Justice Justice against the Earl of Strafford the which were caused to flock thither by some of the House of Commons that were well assur'd after the triumphant welcome of Prin Burton and Bastwick to put the People into tumult upon any occasion they desir'd They were awed unto it partly also by the House of Commons it self which if it desir'd to undo a Lord had no more to do but to vote him a Delinquent B. A Delinquent what 's that A Sinner is 't not Did they mean to undo all Sinners A. By Delinquent they meant only a Man to whom they would do all the hurt they could but the Lords did not yet I think suspect they meant to cashiere their whole House B. It 's a strange thing the whole House of Lords should not perceive that the ruin of the King's Power and the weakening of it was the ruin or weakening of themselves for they could not think it likely that the People ever meant to take the Sovereignty from the King to give it to them who were few in number and less in power than so many Commoners because less beloved by the People A. But it seems not so strange to me for the Lords for their personal abilities as they were no less so also they were no more skilful in the Publick Affairs than the Knights and Burgesses for there is no reason to think that if one that is to day a Knight of the Shire in the Lower House be to morrow made a Lord and a Member of the Higher House is therefore wiser than he was before They are all of both Houses prudent and able Men as any in the Land in the business of their private Estates which require nothing but diligence and natural Wit to govern them but for the Government of a Common-wealth neither wit nor prudence nor diligence is enough without infallible Rules and the true Science of Equity and Justice B. If this be true it is impossible any Common-wealth in the World whether Monarchy Aristocratie or Democratie should continue long without change or Sedition tending to change either of the Government or of the Governors A. 'T is true nor have any the greatest Common-wealths in the World been long free from Sedition The Greeks had for a while their petty Kings and then by Sedition came to be petty Common-wealths and then growing to be greater Common-wealths by Sedition again became Monarchies and all for want of Rules of Justice for the Common People to take notice of which if the People had known in the beginning of every of these Seditions the Ambitious Persons could never had the hope to disturb their Government after it had been once setled for Ambition can do little without hands and few hands it would have if the Common People were as diligently instructed in the true Principles of their Duty as they are terrified and amazed by Preachers with fruitless and dangerous Doctrines concerning the Nature of Man's Will and many other Philosophical Points that tend not at all to the salvation of the Soul in the World to come nor to their ease in this life but only to the direction towards the Clergy of that Duty which they ought to perform to the King B. For ought I see all the States of
Christendome will be subject to these fits of Rebellion as long as the World lasteth A. Like enough and yet the fault as I have said may be easily mended by mending the Universities B. How long had the Parliament now sitten A. It began November the third 1640. My Lord of Strafford was impeached of Treason before the Lords November the 12 th sent to the Tower November the 22 d his Tryal began March the 22 d and ended April the 13 th After his Tryal he was voted guilty of High Treason in the House of Commons and after that in the House of Lords May the 6 th and on the 12 th of May beheaded B. Great Expedition but could not the King for all that have saved him by a Pardon A. The King had heard all that passed at his Tryal and had declared he was unsatisfied concerning the Justice of their Sentence and I think notwithstanding the danger of his own Person from the fury of the People and that he was counsel'd to give way to his Execution not only by such as he most relied on but also by the Earl of Strafford himself he would have pardoned him if that could have preserved him against the Tumult raised and countenanced by the Parliament it self for the terrifying of those they thought might favour him and yet the King himself did not stick to confess afterwards that he had done amiss in that he did not rescue him B. 'T was an Argument of good Disposition in the King but I never read that Augustus Caesar acknowledged that he had done a fault in abandoning Cicero to the fury of his Enemy Antonius Perhaps because Cicero having been of the contrary Faction to his Father had done Augustus no service at all out of favour to him but only out of enmity to Antonius and out of love to the Senate that is indeed out of love to himself that swayed the Senate as it is very likely the Earl of Strafford came over to the King's Party for his own ends having been so much against the King in former Parliaments A. We cannot safely judge of mens Intentions but I have observed often that such as seek preferment by their stubbornness have miss'd of their aim and on the other side that those Princes that with preferment are forced to buy the obedience of their Subjects are already or must be soon after in a very weak condition for in a Market where Honour and Power is to be bought with stubbornness there will be a great many as able to buy as my Lord Strafford was B. You have read that when Hercules fighting with the Hydra had cut off any one of his many heads there still arose two other heads in its place and yet at last he cut them off all A. The Story is told false for Hercules at first did not cut off those heads but bought them off and afterwards when he saw it did him no good then he cut them off and got the Victory B. What did they next A. After the first Impeachment of the Earl of Strafford the House of Commons upon December the 18 th accused the Arch-bishop of Canterbury also of High Treason that is of Design to introduce Arbitrary Government c. for which he was February the 18 th sent to the Tower but his Trial and Execution were deferr'd a long time till January the 10 th 1643. for the Entertainment of the Scots that were come into England to aid the Parliament B. Why did the Scots think there was so much danger in the Arch-bishop of Canterbury He was not a Man of War nor a Man able to bring an Army into the Field but he was perhaps a very great Politician A. That did not appear by any remarkable event of his Counsels I never heard but he was a very honest man for his Morals and a very zealous promoter of the Church-Government by Bishops and that desired to have the Service of God performed and the House of God adorned as suitably as was possible to the Honour we ought to do to the Divine Majesty But to bring as he did into the State his former Controversies I mean his squablings in the University about Free-will and his standing upon Punctilio's concerning the Service-Book and its Rubricks was not in my opinion an Argument of his sufficiency in Affairs of State About the same time they passed an Act which the King consented to for a Triennial Parliament wherein was Enacted That after the present Parliament there should be a Parliament called by the King within the space of three years and so from three years to three years to meet at Westminster upon a certain day named in the Act. B. But what if the King did not call it finding it perhaps inconvenient or hurtful to the safety or peace of his People which God hath put into his charge For I do not well comprehend how any Sovereign can well keep a People in order when his Hands are tied or when he hath any other obligation upon him than the benefit of those he governs and at this time for any thing you have told me they acknowledged the King for their Sovereign A. I know not but such was the Act. And it was farther Enacted That if the King did it not by his own Command then the Lord Chancellor or the Lord Keeper for the time being should send out the Writs of Summons and if the Chancellor refused then the Sheriffs of the several Counties should of themselves in their next County-Courts before the day set down for the Parliaments meeting proceed to the Election of the Members for the said Parliament B. But what if the Sheriffs refus'd A. I think they were to be sworn to it but for that and other particulars I refer you to the Act. B. To whom should they be sworn when there is no Parliament A. No doubt but to the King whether there be a Parliament sitting or no. B. Then the King may release them of their Oath A. Besides they obtained of the King the putting down the Star-Chamber and the High-Commission-Courts B. Besides if the King upon the refusal should fall upon them in anger who shall the Parliament not sitting protect either the Chancellor or the Sheriffs in their disobedience A. I pray you do not ask me any reason of such things I understand no better than you I tell you only an Act passed to that purpose and was signed by the King in the middle of February a little before the Arch-bishop was sent to the Tower Besides this Bill the two Houses of Parliament agreed upon another wherein it was Enacted That the present Parliament should continue till both the Houses did consent to the Dissolution of it which Bill also the King signed the same day he signed the Warrant for the Execution of the Earl of Strafford B. What a great Progress made the Parliament towards the ends of the most seditious Members of both Houses in so little time
stiled Tyrant Traitor and Murderer The King being dead the same day they made an Act of Parliament that whereas several pretences might be made to the Crown c. It is Enacted by this present Parliament and Authority of the same That no person presume to declare proclaim or publish or any way promote Charles Stuart Son of Charles late King of England commonly called Prince of Wales or any other person to be King of England or Ireland c. B. Seeing the King was dead and his Successor barred by what declar'd Authority was the Peace maintain'd A. They had in their anger against the Lords formerly declar'd the Supream Power of the Nation to be in the House of Commons and now on February 5 th they vote the House of Lords to be useless and dangerous And thus the Kingdom is turned into a Democracie or rather an Oligarchie for presently they made an Act That none of those Members who were secluded for opposing the Vote of Non-Addresses should ever be re-admitted And these were commonly called the secluded Members and the rest were by some stiled a Parliament and by others the Rump I think you need not now have a Catalogue either of the Vices or of the Crimes or of the Follies of the greatest part of them that composed the Long Parliament than which greater cannot be in the World What greater Vices than Irreligion Hypocrisie Avarice and Cruelty which have appear'd so eminently in the Actions of Presbyterian Members and Presbyterian Ministers What greater Crimes than Blaspheming and Killing God's Anointed which was done by the hands of the Independents but by the folly and first Treason of the Presbyterians who betrayed and sold him to his Murderers Nor was it a little folly in the Lords not to see that by the taking away of the King's Power they lost withal their own Priviledges or to think themselves either for number or judgment any way a considerable assistance to the House of Commons And for those men who had skill in the Laws it was no great sign of understanding not to perceive that the Laws of the Land were made by the King to oblige his Subjects to Peace and Justice and not to oblige himself that made them And lastly and generally all men are fools which pull down any thing which does them good before they have set up something better in its place He that would set up Democracie with an Army should have an Army to maintain it but these men did it when those men had the Army that were resolv'd to pull it down To these Follies I might add the folly of those fine men which out of their reading of Tully Seneca or other Antimonarchiques think themselves sufficient Politiques and shew their discontents when they are not called to the management of the State and turn from one side to another upon every neglect they fancy from the King or his Enemies Behemoth PART IV. A. YOU have seen the Rump in possession as they believ'd of the Supream Power over the two Nations of England and Ireland and the Army their Servant though Cromwel thought otherwise serving them diligently for the advancement of his own purposes I am now therefore to shew you their Proceedings B. Tell me first how this kind of Government under the Rump or Relique of a House of Commons is to be called A. 'T is doubtless an Oligarchy for the Supream Authority must needs be in one man or in more If in one it is Monarchy the Rump therefore was no Monarchy If the Authority were in more than one it was in all or in fewer than all When in all it is Democracy for every man may enter into the Assembly which makes the Sovereign Court which they could not do here It is therefore manifest that the Authority was in a few and consequently the State was an Oligarchy B. Is it not impossible for a People to be well govern'd that are to obey more Masters than one A. Both the Rump and all other Sovereign Assemblies if they have but one Voice though they be many Men yet are they but one Person for contrary Commands cannot consist in one and the same Voice which is the Voice of the greatest part and therefore they might govern well enough if they had Honesty and Wit enough The first Act of the Rump was the Exclusion of those Members of the House of Commons which had been formerly kept out by violence for the procuring of an Ordinance for the King's Tryal for these men had appear'd against the Ordinance of Non-Addresses and therefore to be excluded because they might else be an Impediment to their future Designs B. Was it not rather because in the Authority of few they thought the fewer the better both in respect of their shares and also of a nearer approach in every one of them to the Dignity of a King A. Yes certainly that was their principal end B. When these were put out why did not the Counties and Burroughs choose others in their places A. They could not do that without order from the House After this they constituted a Councel of 40 persons which they termed a Councel of State whose Office was to execute what the Rump should command B. When there was neither King nor House of Lords they could not call themselves a Parliament for a Parliament is a Meeting of the King Lords and Commons to confer together about the businesses of the Common-wealth With whom did the Rump confer A. Men may give to their Assembly what name they please what signification soever such Name might formerly have had and the Rump took the Name of Parliament as most suitable to their purpose and such a Name as being venerable amongst the people for many hundred years had countenanced and sweetned Subsidies and other Levies of Money otherwise very unpleasant to the Subject They took also afterwards another name which was Custodes Libertatis Angliae which Titles they used only in their Writs issuing out of the Courts of Justice B. I do not see how a Subject that is tied to the Laws can have more liberty in one form of Government than another A. Howsoever to the people that understand by liberty nothing but leave to do what they list it was a Title not ingrateful Their next work was to set forth a publick Declaration That they were fully resolv'd to maintain the fundamental Laws of the Nation as to the Preservation of the Lives Liberties and Proprieties of the People B. What did they mean by the fundamental Laws of the Nation A. Nothing but to abuse the people for the only fundamental Law in every Common-wealth is To obey the Laws from time to time which he shall make to whom the People have given the Supream Power How likely then are they to uphold the fundamental Laws that had murder'd him who was by themselves so often acknowledged for their Lawful Sovereign Besides at the same time that this Declaration came
Commission from the present King hoping to do him as good Service as he had formerly done his Father but the Case was altered for the Scotch Forces were then in England in the Service of the Parliament whereas now they were in Scotland and many more for their intended Invasion newly raised Besides the Soldiers which the Marquess brought over were few and Forreigners nor did the Highlanders come in to him as he expected in so much as he was soon defeated and shortly after taken and with more spightful usage than revenge requir'd executed by the Covenanters at Edenburgh May 2. B. What good could the King expect from joyning with these men who during the Treaty discovered so much malice to him in one of his best Servants A. No doubt their Church-men being then prevalent they would have done as much to this King as the English Parliament had done to his Father if they could have gotten by it that which they foolishly aspir'd to the Government of the Nation I do not believe that the Independents were worse than the Presbyterians both the one and the other were resolv'd to destroy whatsoever should stand in the way to their Ambition but necessity made the King pass over both this and many other Indignities from them rather than suffer the pursuit of his Right in England to cool and be little better than extinguished B. Indeed I believe a Kingdom if suffered to become an old Debt will hardly ever be recover'd Besides the King was sure wheresoever the Victory lighted he could lose nothing in the War but Enemies A. About the time of Montrosse his death which was in May Cromwel was yet in Ireland and his work unfinished but finding or by his Friends advertised that his presence in the Expedition now preparing against the Scots would be necessary to his design sent to the Rump to know their pleasure concerning his return but for all that he knew or thought it was not necessary to stay for their Answer but came away and arriv'd at London the sixth of June following and was welcomed by the Rump Now had General Fairfax who was truly what he pretended to be a Presbyterian been so catechis'd by the Presbyterian Ministers here that he refus'd to fight against the Brethren in Scotland nor did the Rump nor Cromwel go about to rectifie his Conscience in that Point and thus Fairfax laying down his Commission Cromwel was now made General of all the Forces in England and Ireland which was another Step to the Sovereign Power B. Where was the King A. In Scotland newly come over He landed in the North and was honourably conducted to Edenburgh though all things were not yet well agreed on between the Scots and him for though he had yielded to as hard Conditions as the late King had yielded to in the Isle of Wight yet they had still somewhat to add till the King enduring no more departed from them towards the North again But they sent Messengers after him to pray him to return but they furnished these Messengers with strength enough to bring him back if he should have refused In fine they agreed but would not suffer either the King or any Royalist to have Command in the Army B. The sum of all is the King was there a Prisoner A. Cromwel from Barwick sends a Declaration to the Scots telling them he had no quarrel against the People of Scotland but against the Malignant Party that had brought in the King to the disturbance of the Peace between the two Nations and that he was willing either by Conference to give and receive satisfaction or to decide the Justice of the Cause by Battle To which the Scots answering declare That they will not prosecute the King's Interest before and without his acknowledgment of the sins of his House and his former ways and satisfaction given to God's People in both Kingdoms Judge by this whether the present King were not in as bad a condition here as his Father was in the hands of the Presbyterians of England B. Presbyterians are every where the same they would fain be absolute Governours of all they converse with and have nothing to plead for it but that where they Reign 't is God that Reigns and no where else but I observe one strange Demand that the King should acknowledge the sins of his House for I thought it had been certainly held by all Divines that no man was bound to acknowledge any man's sins but his own A. The King having yielded to all that the Church requir'd the Scots proceeded in their intended War Cromwel marched on to Edenburgh provoking them all he could to Battle which they declining and Provisions growing scarce in the English Army Cromwel retir'd to Dunbar despairing of success and intending by Sea or Land to get back into England And such was the Condition which this General Cromwel so much magnified for Conduct had brought his Army to that all his Glories had ended in Shame and Punishment if Fortune and the faults of his Enemies had not relieved him For as he retir'd the Scots followed him close all the way till within a Mile of Dunbar There is a ridge of Hills that from beyond Edenburgh goes winding to the Sea and crosses the High-way between Dunbar and Barwick at a Village called Copperspeith where the passage is so difficult that had the Scots sent timely thither a very few men to guard it the English could never have gotten home For the Scots kept the Hills and needed not have fought but upon great advantage and were almost two to one Cromwell's Army was at the foot of those Hills on the North side and there was a great Ditch or Channel of a Torrent between the Hills and it so that he could never have got home by Land nor without utter ruine of the Army attempted to Ship it nor have stayed where he was for want of Provisions Now Cromwel knowing the Pass was free and commanding a good Party of Horse and foot to possess it it was necessary for the Scots to let them go whom they bragged they had impounded or else to fight and therefore with the best of their Horse charged the English and made them at first to shrink a little but the English Foot coming on the Scots were put to flight and the flight of the Horse hindered the Foot from engaging who therefore fled as did also the rest of their Horse Thus the folly of the Scottish Commanders brought all their odds to an even Lay between two small and equal Parties wherein Fortune gave the Victory to the English who were not many more in number than those that were killed and taken Prisoners of the Scots and the Church lost their Canon Bag and Baggage with 10000 Arms and almost their whole Army The rest were got together by Lesly to Sterling B. This Victory happened well for the King for had the Scots been Victors the Presbyterians both here and there would
They sate down in November and now it was May in this space of time which is but half a year they won from the King the adherence which was due to him from his People they drave his faithfulest Servants from him beheaded the Earl of Strafford imprison'd the Arch-bishop of Canterbury obtain'd a Triennial Parliament after their own Dissolution and a continuance of their own sitting as long as they listed which last amounted to a total Extinction of the King 's Right in case that such a Grant were valid which I think it is not unless the Sovereignty it self be in plain terms renounced which it was not But what Money by way of Subsidy or otherwise did they grant the King in recompence of all these his large Concessions A. None at all but often promised they would make him the most glorious King that ever was in England which were words that passed well enough for well meaning with the Common People B. But the Parliament was contented now for I cannot imagine what they should desire more from the King than he had now granted them A. Yes they desir'd the whole and absolute Sovereignty 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 Sovereignty 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 Divine Right the only lawful Governors 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 the Civil Laws should be made by the House of Commons who as they thought would no less be ruled by them afterwards than they formerly had been wherein they were deceived and found themselves out-gone 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 deceiv'd for though they seemed satisfied with what he did whereof one thing was his giving way to the abolition 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 now 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 done only 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 cite all the Ancient 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 Argument of Right but only Examples of Fact which by the Ambition of potent Subjects have been oftner unjust than otherwise And for those Saxons or Angles that in Ancient times by several Invasions made themselves Masters of this Nation they were not in themselves one Body of a Common-wealth but only a League of divers petty German Lords and States such as was the Grecian Army in the Trojan War without other obligation than that which proceeded from their own fear and weakness Nor were those Lords for the most part the Sovereigns 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 when they had conquered any part of the Land and made some one of them King thereof that 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 Councel with him that hath the Sovereignty in matter 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 Sovereign it cannot be inferr'd that they 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 Counsel 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 the power at his pleasure 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 of the Lords to be of the King 's Great Councel and when they were assembled to be the Highest of the King's Courts 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 Ancient Gaules 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 Counsel when he requir'd it yet they had no Right to make War upon him if he did not follow it B. When began first the House of Commons to be part of the King 's Great Councel 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 Councel though they were not Lords but that is nothing to the House of Commons The Knights of Shires and Burgesses were never called to Parliament for ought that I know till the beginning of the Reign of Edward the first or the latter end of the Reign of Henry the third immediately after the misbehaviour 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
shall approve of that the Servants then about them against whom the Houses have just exception should be removed 5. That no Marriage be concluded or treated of for any of the King's Children without consent of Parliament 6. That the Laws in force against Jesuits Priests and Popish Recusants be strictly put in execution 7. 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 8. That the King will be pleased to reform the Church-Government and Lyturgy in such manner as both Houses of Parliament shall advise 9. That he would be pleased to rest satisfied with that Course that the Lords and Commons have appointed for ordering the Militia and recall his Declarations and Proclamations against it 10. That such Members as have been put out of any Place or Office since this Parliament began may be restored or have satisfaction 11. That all Privy-Councellors 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 12. That all the Judges and Officers placed by Approbation of both Houses of Parliament may hold their places quam diu bene se gesserint 13. That the Justice of Parliament may pass upon all Delinquents whether they be within the Kingdom or fled out of it and that all persons cited by either House of Parliament may appear and abide the Censure of Parliament 14. That the General Pardon offered by his Majesty be granted with such Exceptions as shall be advised by both Houses of Parliament B. What a spiteful Article was this All the rest proceeded from Ambition which many times well-natur'd men are subject to but this proceeded from an inhumane and devilish cruelty A. 15. That the Forts and Castles be put under the Command of such persons as with the Approbation of the Parliament the King shall appoint 16. That the extraordinary Guards about the King be discharged and for the future none raised but according to the Law in case of actual Rebellion or Invasion B. Methinks these very Propositions sent to the King are an actual Rebellion A. 17. That his Majesty enter into a more strict Alliance with the United Provinces and other Neighbour Protestant Princes and States 18. That his Majesty be pleased by Act of Parliament to clear the Lord Kimbolton and the five Members of the House of Commons in such manner as that future Parliaments may be secur'd from the consequence of that evil President 19. That his Majesty be pleased to pass a Bill for restraining Peers made hereafter from sitting or voting in Parliament unless they be admitted with consent of both Houses of Parliament These Propositions granted they promise to apply themselves to regulate his Majesties Revenue to his best advantage and to settle it to the support of his Royal Dignity in Honour and Plenty and also to put the Town of Hull into such Hands as his Majesty shall appoint with consent of Parliament B. Is not that to put it into such hands as his Majesty shall appoint by the consent of the Petitioners which is no more than to keep it in their hands as it is Did they want or think the King wanted common sense so as not to perceive that their promise herein was worth nothing A. After the sending of these Propositions to the King and his Majesties refusal to grant them they began on both sides to prepare for War The King raising a Guard for his Person in York-shire and the Parliament thereupon having Voted that the King intended to make War upon his Parliament gave order for the mustering and exercising the People in Arms and published Propositions to invite and incourage them to bring in either ready Money or Plate or to promise under their hands to furnish and maintain certain numbers of Horse Horse-men and Arms for the defence of the King and Parliament meaning by King as they had formerly declar'd not his Person but his Laws promising to repay their Money with Interest of 8 l. in the 100 l. and the value of their Plate with 12 d. the Ounce for the fashion On the other side the King came to Nottingham and there did set up his Standard Royal and sent out Commissions of Array to call those to him which by the Ancient Laws of England were bound to serve him in the Wars Upon this occasion there passed divers Declarations between the King and Parliament concerning the Legality of this Array which are too long to tell you at this time B. Nor do I desire to hear any Mooting about this Question for I think that general Law of Salus Populi and the Right of defending himself against those that had taken from him the Sovereign Power are sufficient to make legal whatsoever he should do in order to the recovery of his Kingdom or to the punishing of the Rebels A. In the mean time the Parliament raised an Army and made the Earl of Essex General thereof by which Act they declared what they meant formerly when they petition'd the King for a Guard to be commanded by the said Earl of Essex and now the King sends out his Proclamations forbidding obedience to the Orders of the Parliament concerning the Militia and the Parliament send out Orders against the Execution of the Commissions of Array Hitherto though it were a War before yet there was no Blood shed they shot at one another nothing but paper B. I understand now how the Parliament destroyed the Peace of the Kingdom and how easily by the help of seditious Presbyterian Ministers and of Ambitious Ignorant Orators they reduced this Government into Anarchy but I believe it will be a harder Task for them to bring in Peace again and settle the Government either in themselves or any other Governor or form of Government For granting that they obtained the Victory in this War they must be beholding for it to the Valor good Conduct or Felicity of those to whom they give the Command of their Armies especially to the General whose good success will without doubt draw with it the Love and Admiration of the Soldiers so that it will be in his power either to take the Government upon himself or to place it where himself thinks good In which case if he take it not to himself he will be thought a Fool and if he do he shall be sure to have the envy of his subordinate Commanders who look for a share either in the present Government or in the Succession to it for they will say has he obtain'd this power by his own without our Danger Valor and Counsel and must we be his Slaves whom we have thus raised Or is not there as much Justice on our side against him as was on his side against the King A They will and did in so much that the reason why
keenly as they who had laid down their Arms in Cornwal These were the most important Fights in the Year 1644. and the King was yet as both himself and others thought in as good condition as the Parliament which despair'd of Victory by the Commanders they then used Therefore they voted a new modeling of the Army suspecting the Earl of Essex though I think wrongfully to be too much a Royalist for not having done so much as they looked for in this second Battle at Newbury The Earls of Essex and Manchester perceiving what they went about voluntarily laid down their Commissions and the House of Commons made an Ordinance That no Member of either House should enjoy any Office or Command Military or Civil with which oblique blow they shook off those that had hitherto served them too well and yet out of this Ordinance they excepted Oliver Cromwel in whose Conduct and Valor they had very great confidence which they would not have done if they had known him as well then as they did afterwards and made him Lieutenant-General to Sir Thomas Fairfax their new made General In the Commission to the Earl of Essex there was a Clause for preservation of his Majesties Person which in this new Commission was left out though the Parliament as well as the General were as yet Presbyterian B. It seems the Presbyterians also in order to their ends would fain have had the King murdered A. For my part I doubt it not For a Rightful King living an usurping Power can never be sufficiently secur'd In this same Year the Parliament put to death Sir John Hotham and his Son for tampering with the Earl of New-Castle about the Rendition of Hull and Sir Alexander Carew for endeavouring to deliver up Plimouth where he was Governour for the Parliament and the Arch-Bishop of Canterbury for nothing but to please the Scots For the general Article of going about to subvert the fundamental Laws of the Land was no Accusation but only foul words They then also voted down the Book of Common-Prayer and ordered the use of a Directory which had been newly composed by an Assembly of Presbyterian Ministers They were also then with much ado prevailed with for a Treaty with the King at Vxbridge where they remitted nothing of their former Demands The King had also at this time a Parliament at Oxford consisting of such discontented Members as had left the Houses at Westminster but few of them had changed their old Principles and therefore that Parliament was not much worth Nay rather because they endeavour'd nothing but Messages and Treaties that is to say defeating of the Soldiers hope of benefit by the War they were thought by most men to do the King more hurt than good The Year 1645. was to the King very unfortunate for by the loss of one great Battle he lost all he had formerly gotten and at length his life The new model'd Army after Consultation whether they should lay Siege to Oxford or march Westward to the relief of Taunton then besieged by the Lord Goring and defended by Blake famous afterward for his Actions at Sea resolved for Taunton leaving Cromwel to attend the motions of the King though not strong enough to hinder him The King upon this advantage drew his Forces and Artillery out of Oxford This made the Parliament to call back their General Fairfax and order him to besiege Oxford The King in the mean time relieved Chester which was besieged by Sir William Brereton and coming back took Leicester by force a Place of great Importance and well provided of Artillery and Provision Upon this Success it was generally thought that the King's Party was the stronger The King himself thought so and the Parliament in a manner confess'd the same by commanding Fairfax to rise from the Siege and endeavour to give the King battle for the Successes of the King and the Divisions and Treacheries growing now amongst themselves had driven them to rely upon the fortune of one day in which at Naseby the Kings Army was utterly overthrown and no hope left him to raise another Therefore after the Battle he went up and down doing the Parliament here and there some shrewd turns but never much encreasing his number Fairfax in the mean time first recovered Leicester and then marching into the West subdued it all except only a few Places forcing with much ado my Lord Hopton upon Honourable Conditions to disband his Army and with the Prince of Wales to pass over to Scilly whence not long after they went to Paris In April 1646. General Fairfax began to march back to Oxford In the mean time Rainsborough who besieged Woodstock had it surrendered The King therefore who was now also returned to Oxford from whence Woodstock is but six Miles not doubting but that he should there by Fairfax be besieged and having no Army to relieve him resolved to get away disguis'd to the Scotch Army about Newark and thither he came the fourth of May and the Scotch Army being upon remove homewards carried him with them to New-Castle whither he came May 13 th B. Why did the King trust himself with the Scots They were the first that rebell'd They were Presbyterians i. e. cruel besides they were indigent and consequently might be suspected would sell him to his Enemies for Money And lastly they were too weak to defend him or keep him in their Countrey A. What could he have done better for he had in the Winter before sent to the Parliament to get a Pass for the Duke of Richmond and others to bring them Propositions of Peace It was denied He sent again it was denied again Then he desir'd he might come to them in Person This also was denied He sent again and again to the same purpose but in stead of granting it they made an Ordinance That the Commanders of the Militia of London in case the King should attempt to come within the Line of Communication should raise what force they thought fit to suppress Tumults to apprehend such as came with him and to secure i. e. to imprison his Person from danger If the King had adventured to come and had been imprisoned What could the Parliament have done with him They had dethron'd him by their Votes and therefore could have no security whilst he liv'd though in prison It may be they would not have put him to death by a High Court of Justice publickly but secretly some other way B. He should have attempted to get beyond Sea A. That had been from Oxford very difficult Besides it was generally believ'd that the Scotch Army had promised him that not only his Majesty but also his Friends that should come with him should be in their Army safe not only for their Persons but also for their Honours and Consciences 'T is a pretty trick when the Army and the particular Soldiers of the Army are different things to make the Soldiers promise what the Army means not
they require first That the King be brought to Justice 2. That the Prince and Duke of York be summoned to appear at a day appointed and proceeded with according as they should give satisfaction 3. That the Parliament settle the Peace and future Government and set a reasonable period to their own sitting and make certain future Parliaments Annual or Biennial 4. That a competent number of the King 's Chief Instruments be executed And this to be done both by the House of Commons and by a general Agreement of the People testified by their Subscriptions Nor did they stay for an Answer but presently set a Guard of Soldiers at the Parliament-house-door and other Soldiers in Westminster-Hall suffering none to go into the House but such as would serve their turns All others were frighted away or made Prisoners and some upon divers quarrels suspended Above 90 of them because they had refused to vote against the Scots and others because they had voted against the Vote of Non-Addresses and the rest were an House for Cromwel The Fanaticks also in the City being countenanced by the Army pack a new Common Councel whereof any forty was to be above the Major and their first work was to frame a Petition for Justice against the King which Tichborne the Major involving the City in the Regicide delivered to the Parliament At the same time with the like violence they took the King from Newport in the Isle of Wight to Hurst Castle till things were ready for his Trial. The Parliament in the mean time to avoid perjury by an Ordinance declared void the Oaths of Supremacy and Allegiance and presently after made another to bring the King to his Trial. B. This is a piece of Law that I understood not before that when many Men swear singly they may when they are assembled if they please absolve themselves A. The Ordinance being drawn up was brought into the House where after three several Readings it was voted That the Lords and Commons of England assembled in Parliament do declare That by the fundamental Laws of the Realm it is Treason in the King of England to Levy War against the Parliament And this Vote was sent up to the Lords and they denying their consent the Commons in anger made another Vote That all Members of Committees should proceed and act in any Ordinance whether the Lords concurred or no and that the People under God are the original of all just Power and that the House of Commons have the Supream Power of the Nation and that whatsoever the House of Commons enacteth is Law All this passed nemine contradicente B. These Propositions fight not only against a King of England but against all the Kings of the World It were good they thought on 't but yet I believe under God the original of all Laws was in the People A. But the People for them and their Heirs by consent and Oaths have long ago put the Supream Power of the Nation into the hands of their Kings for them and their Heirs and consequently into the hands of this King their known and lawful Heir B. But does not the Parliament represent the People A. Yes to some purposes as to put up Petitions to the King when they have leave and are grieved but not to make a Grievance of the King's Power Besides the Parliament never represents the People but when the King calls them nor is it to be imagin'd that he calls a Parliament to depose himself Put the Case every County and Burrough should have given this Parliament for a Benevolence a Sum of Money and that every County meeting in their County-Court or elsewhere and every Burrough in their Town-Hall should have chosen certain men to carry their several Sums respectively to the Parliament Had not these men represented the whole Nation B. Yes no doubt A. Do you think the Parliament would have thought it reasonable to be called to account by this Representative B. No sure and yet I must confess the Case is the same A. This Ordinance contained first a Summary of the Charge against the King in substance this That not content with the Encroachments of his Predecessors upon the freedom of the People he had designed to set up a Tyrannical Government and to that end had raised and maintained in the Land a Civil War against the Parliament whereby the Country hath been miserably wasted the publick Treasure exhausted thousands of people murdered and infinite other mischiefs committed Secondly A Constitution passed of a High Court of Justice that is of a certain number of Commissioners of whom any 20 had Power to try the King and to proceed to Sentence according to the merit of the Cause and see it speedily executed The Commissioners met on Saturday Jan. 20 th in Westminster-Hall and the King was brought before them where sitting in a Chair he heard the Charge read but denied to plead to it either Guilty or Not Guilty till he should know by what Lawful Authority he was brought thither The President told him That the Parliament affirmed their own Authority and the King persevered in his refusal to plead though many words passed between him and the President yet this was the substance of it all On Monday January 22 the Court met again and the Solicitor moved that if the King persisted in denying the Authority of the Court the Charge might be taken pro confesso but the King still denied their Authority They met again January 23 and then the Solicitor moved the Court for Judgment whereupon the King was requir'd to give his final Answer which was again a denial of their Authority Lastly They met again January 27 where the King desir'd to be heard before the Lords and Commons in the Painted Chamber and promising after that to abide the Judgment of the Court The Commissioners retir'd for half an hour to consider of it and then returning caused the King to be brought again to the Bar and told him that what he proposed was but another denial of the Courts Jurisdiction and that if he had no more to say they would proceed Then the King answering that he had no more to say the President began a long Speech in Justification of the Parliaments Proceedings producing the Examples of many Kings killed or deposed by wicked Parliaments Ancient and Modern in England Scotland and other parts of the World All which he endeavoured to justifie from this only Principle That the People have the Supream Power and the Parliament is the People This Speech ended the Sentence of death was read and the same upon Tuesday after January 30 executed at the Gate of his own Palace of White-hall He that can delight in reading how villainously he was used by the Soldiers between the Sentence and Execution may go to the Chronicle it self in which he shall see what Courage Patience Wisdom and Goodness was in this Prince whom in their Charge the Members of that wicked Parliament
Important of them were First That he would exercise the Office of Chief Magistrate of England Scotland and Ireland under the Title of Protector and govern the same according to the said Petition and Advice and that he would in his life-time name his Successor B. I believe the Scots when they first rebell'd never thought of being governed absolutely as they were by Oliver Cromwel A. Secondly That he should call a Parliament every three years at farthest Thirdly That those Persons which were Legally chosen Members should not be secluded without consent of the House In allowing this Clause the Protector observ'd not that the Secluded Members of this same Parliament are thereby re-admitted Fourthly the Members were qualified Fifthly The Power of the other House was defin'd Sixthly That no Law should be made but by Act of Parliament Seventhly That a constant yearly Revenue of a Million of Pounds should be setled for the maintenance of the Army and Navy and 300000 l. for the support of the Government besides other Temporary Supplies as the House of Commons should think fit Eighthly That all the Officers of State should be chosen by the Parliament Ninthly That the Protector should encourage the Ministry Lastly That he should cause a Profession of Religion to be agreed on and published There are divers others of less Importance Having signed the Articles he was presently with great Ceremony installed anew B. What needed that seeing he was still but Protector A. But the Articles of this Petition were not all the same with those of his former Instrument For now there was to be another House and whereas before his Councel was to name his Successor he had power now to do it himself so that he was an absolute Monarch and might leave the Succession to his Son if he would and so successively or transfer it to whom he pleas'd The Ceremony being ended the Parliament adjourned to the 20 th of January following and then the other House also sate with their Fellows The House of Commons being now full took little notice of the other House wherein there were not of sixty Persons above nine Lords but fell a questioning all that their Fellows had done during the time of their Seclusion whence had followed the avoidance of the Power newly placed in the Protector Therefore going to the House he made a Speech to them ending in these words By the Living God I must and do dissolve you In this year the English gave the Spaniard another great Blow at Santa Cruz not much less than that they had given him the year before at Cadiz About the time of the Dissolution of this Parliament the Royalists had another Design against the Protector which was to make an Insurrection in England the King being in Flanders ready to second them with an Army thence But this also was discover'd by Treachery and came to nothing but the ruine of those that were engaged in it whereof many in the beginning of the next year were by a High Court of Justice imprison'd and some executed This year also was Major General Lambert put out of all Employment a man second to none but Oliver in the favour of the Army but because he expected by that favour or by promise from the Protector to be his Successor in the Supream Power it would have been dangerous to let him have Command in the Army the Protector having design'd for his Successor his eldest Son Richard In the year 1658. September the third the Protector died at White-hall having ever since his last Establishment been perplexed with fear of being kill'd by some desperate attempt of the Royalists Being importun'd in his sickness by his Privy-Council to name his Successor he nam'd his Son Richard who encouraged thereunto not by his own Ambition but by Fleetwood Desbrough Thurloe and other of his Council was content to take it upon him and presently Addresses were made to him from the Armies in England Scotland and Ireland His first business was the chargeable and splendid Funeral of his Father Thus was Richard Cromwel seated in the Imperial Throne of England Scotland and Ireland Successor to his Father lifted up to it by the Officers of the Army then in Town and congratulated by all the parts of the Army throughout the three Nations scarce any Garrison omitting their particular flattering Addresses to him B. Seeing the Army approved of him how came he so soon cast off A. The Army was inconstant he himself irresolute and without any Military Glory And though the two principal Officers had a near relation to him yet neither of them but Lambert was the great Favorite of the Army and by courting Fleetwood to take upon him the Protectorship and by tampering with the Soldiers had gotten again to be a Collonel He and the rest of the Officers had a Councel at Wallingford-house where Fleetwood dwelt for the dispossessing of Richard though they had not yet considered how the Nations should be govern'd afterwards for from the beginning of the Rebellion the Method of Ambition was constantly this first to destroy and then to consider what they should set up B. Could not the Protector who kept his Court at White-hall discover what the business of the Officers was at Wallingford-house so near him A. Yes he was by divers of his Friends inform'd of it and councel'd by some of them who would have done it to kill the Chief of them but he had not courage enough to give them such a Commission He took therefore the Counsel of some milder Persons which was to call a Parliament Whereupon Writs were presently sent to those that were in the last Parliament of the other House and other Writs to the Sheriffs for the Election of Knights and Burgesses to assemble on the 27 th of January following Elections were made according to the Ancient manner and a House of Commons now of the right English temper and about 400 in number including twenty for Scotland and as many for Ireland Being met they take themselves without the Protector and other House to be a Parliament and to have the Supream Power of the three Nations For the first business they intended the Power of that other House but because the Protector had recommended to them for their first business an Act already drawn up for the Recognition of his Protectoral Power they began with that and voted after a fortnights Deliberation that an Act should be made whereof this Act of Recognition should be part and that another part should be for the bounding of the Protector 's Power and for the securing the Priviledges of Parliament and Liberties of the Subject and that all should pass together B. Why did these Men obey the Protector at first in meeting upon his only Summons Was not that as full a Recognition of his Power as was needful Why by this Example did they teach the People that he was to be obeyed and then by putting Laws upon him teach them
to and sent three Officers to London to Treat with as many of theirs These six suddenly concluded without power from the General upon these Articles That the King be excluded a Free State setled the Ministry and Universities encouraged with divers others Which the General liked not and imprisoned one of his Commissioners for exceeding his Commission Whereupon another Treaty was agreed on of five to five But whilst these Treaties were in hand Haslerig a Member of the Rump seized on Portsmouth and the Soldiers sent by the Committee of Safety to reduce it instead of that entred into the Town and joyned with Haslerig Secondly the City renewed their Tumults for a Free-Parliament Thirdly the Lord Fairfax a Member also of the Rump and greatly favour'd in York-shire was raising Forces there behind Lambert who being now between two Armies his Enemies would gladly have fought with the General Fourthly there came news that Devonshire and Cornwal were Listing of Soldiers Lastly Lambert's Army wanting Money and sure they should not be furnished from the Councel of Officers which had neither Authority nor Strength to Levy Money grew discontented and for their free Quarter were odious to the Northern Countries B. I wonder why the Scots were so ready to furnish General Monk with Money for they were no Friends to the Rump A. I know not but I believe the Scots would have parted with a greater Sum rather than the English should not have gone together by the ears amongst themselves The Councel of Officers being now beset with so many Enemies produced speedily their Model of Government which was to have a Free-Parliament which should meet December the 15 th but with such qualifications of no King no House of Lords as made the City more angry than before To send Soldiers into the West to suppress those that were rising there they durst not for fear of the City nor could they raise any other for want of Money There remained nothing but to break and quitting Wallingford-house to shift for themselves This coming to the knowledge of their Army in the North they deserted Lambert and the Rump the 26 th of December repossessed the House B. Seeing the Rump was now re-seated the business pretended by General Monk for his marching to London was at an end A. The Rump though seated was not well setled but in the midst of so many Tumults for a Free-Parliament had as much need of the General 's coming up now as before He therefore sent them word that because he thought them not yet secure enough he would come up to London with his Army which they not only accepted but also intreated him to do and voted him for his Services 1000 l. a year The General marching towards London the Country every where petition'd him for a Free-Parliament The Rump to make room in London for his Army dislodged their own The General for all that had not let fall a word in all this time that could be taken for a Declaration of his final Design B. How did the Rump revenge themselves on Lambert A. They never troubled him nor do I know any cause of so gentle dealing with him but certainly Lambert was the ablest of any Officer they had to do them service when they should have means and need to employ him After the General was come to London the Rump sent to the City for their part of a Tax of 100000 l. a month for six months according to an Act which the Rump had made formerly before their disseizin by the Committee of Safety But the City who were adverse to the Rump and keen upon a Free-Parliament could not be brought to give their Money to their Enemies and to purposes repugnant to their own Hereupon the Rump sent order to the General to break down the City Gates and their Portcullices and to imprison certain obstinate Citizens This he performed and it was the last service he did them About this time the Commission by which General Monk with others had the Government of the Army put into their hands by the Rump before the usurpation of the Councel of Officers came to expire which the present Rump renewed B. He was thereby the sixth part of the General of the whole Forces of the Common-wealth If I had been as the Rump he should have been sole General In such Cases as this there cannot be a greater Vice than pinching Ambition should be liberal A. After the pulling down of the City Gates the General sent a Letter to the Rump to let them know that that Service was much against his Nature and to put them in mind how well the City had serv'd the Parliament throughout the whole War B. Yes But for the City the Parliament could never have made the War nor the Rump ever have murdered the King A. The Rump considered not the merit of the City nor the good Nature of the General They were busie They were giving out Commissions making of Acts for Abjuration of the King and his Line and for the Old Engagement and conferring with the City to get Money The General also desir'd to hear Conference between some of the Rump and some of the Secluded Members concerning the Justice of their Seclusion and of the hurt that could follow from their re-admission And it was granted after long Conference the General finding the Rump's pretences unreasonable and ambitious declared himself with the City for a Free-Parliament and came to Westminster with the Secluded Members whom he had appointed to meet and stay for him at White-hall and replaced them in the House amongst the Rumpers so that now the same Cattle that were in the House of Commons in 1640. except those that were dead and those that went from them to the late King at Oxford are all there again B. But this methinks was no good Service to the King unless they had learnt better Principles A. They had learnt nothing The Major part was now again Presbyterian 'T is true they were so grateful to General Monk as to make him General of all the Forces in the three Nations They did well also to make void the Engagement but it was because those Acts were made to the prejudice of their Party but recalled none of their own Rebellious Ordinances nor did any thing in order to the good of the present King but on the contrary they declared by a Vote that the late King began the War against his two Houses B. The two Houses considered as two Persons were they not two of the King's Subjects If a King raise an Army against his Subject is it lawful for that Subject to resist with force when as in this Case he might have had peace upon his submission A. They knew they had acted vilely and sottishly but because they had always pretended to greater than ordinary wisdom and godliness they were loth to confess it The Presbyterians now saw their time to make a Confession of their Faith and presented it to
oftentimes were little elder than themselves And therefore I think the Parliament did not much reverence that Institution of Universities as to the bringing up of young men to vertue though many of them learned there to preach and became thereby capable of preferment and maintenance and some others were sent thither by their Parents to save themselves the trouble of governing them at home during that time wherein Children are least governable Nor do I think the Parliament cared more for the Clergy than other men did but certainly an University is an excellent Servant to the Clergy and the Clergy if it be not carefully look'd to by their Dissentions in Doctrines and by the advantage to publish their Dissentions is an excellent means to divide a Kingdom into Factions B. But seeing there is no place in this part of the World where Philosophy and other humane Sciences are not highly valued where can they be learned better than in the Universities A. What other Sciences Do not Divines comprehend all Civil and Moral Philosophy within their Divinity And as for Natural Philosophy is it not remov'd from Oxford and Cambridge to Gresham-Colledge in London and to be learned out of their Gazets But we are gone from our subject B. No we are indeed gone from the greater businesses of the Kingdom to which if you please let us return A. The first Insurrection or rather Tumult was that of the Apprentices on the ninth of April but this was not upon the King's account but arose from a Customary Assembly of them for Recreation in Moor-fields whence some zealous Officers of the Trained Soldiers would needs drive them away by force but were themselves routed with Stones and had their Ensign taken away by the Apprentices which they carried about in the Streets and frighted the Lord-Major into his House where they took a Gun called a Drake and then they set Guards at some of the Gates and all the rest of the day childishly swaggered up and down but the next day the General himself marching into the City quickly dispersed them This was but a small business but enough to let them see that the Parliament was ill belov'd of the People Next the Welch took Arms against them There were three Collonels in Wales Langhorne Poyer and Powel who had formerly done the Parliament good service but now were commanded to disband which they refused to do and the better to strengthen themselves declared for the King and were about 8000. About the same time in Wales also was another Insurrection headed by Sir Nicholas Keymish and another under Sir John Owen so that now all Wales was in Rebellion against the Parliament and yet all these were overcome in a months time by Cromwel and his Officers but not without store of Bloodshed on both sides B. I do not much pity the loss of those men that impute to the King that which they do upon their own quarrel A. Presently after this some of the People of Surrey sent a Petition to the Parliament for a personal Treaty between the King and Parliament but their Messengers were beaten home again by the Soldiers that quartered about Westminster and the Mews And then the Kentish Men having a like Petition to deliver and seeing how ill it was like to be receiv'd threw it away and took up Arms. They had many gallant Officers and for General the Earl of Norwich and encreased daily by Apprentices and old disbanded Soldiers In so much as the Parliament was glad to restore to the City their Militia and to keep Guards upon the Thames side and then Fairfax marched towards the Enemy B. And then the Londoners I think might easily and suddenly have mastered first the Parliament and next Fairfax his 8000 and lastly Cromwel's Army or at least have given the Scots Army opportunity to march unfoughten to London A. 'T is true but the City was never good at venturing nor were they or the Scots principled to have a King over them but under them Fairfax marching with his 8000 against the Royalists routed a part of them at Maidstone another part were taking in of places in Kent farther off and the Earl of Norwich with the rest came to Black-heath and thence sent to the City to get passage through it to joyn with those which were risen in Essex under Sir Charles Lucas and Sir George Lisle which being denied the greatest part of his Kentish Men deserted him With the rest not above 500 he crossed the Thames into the isle of Dogs and so to Bow and thence to Colchester Fairfax having notice of this crossed the Thames at Gravesend and overtaking them besieged them in Colchester The Town had no defence but a Breast-work and yet held out upon hope of the Scotch Army to relieve them the space of two months Upon the news of the defeat of the Scots they were forced to yield The Earl of Norwich was sent Prisoner to London Sir Charles Lucas and Sir George Lisle two Loyal and Gallant Persons were shot to death There was also another little Insurrection headed by the Earl of Holland about Kingston but quickly suppressed and he himself taken Prisoner B. How came the Scots to be so soon dispatch'd A. Meerly as it is said for want of Conduct Their Army was led by Duke Hamilton who was then set at liberty when Pendennis Castle where he was Prisoner was taken by the Parliamentarians He entred England with Horse and Foot 15000 to which came above 3000 English Royalists Against these Cromwel marched out of Wales with Horse and Foot 11000 and near to Preston in Lancashire in less than two hours defeated them and the Cause of it is said to be that the Scotch Army was so ordered as they could not all come to the Fight nor relieve their Fellows After the defeat they had no way to fly but farther into England so that in the pursuit they were almost all taken and lost all that an Army can lose for the few that got home did not all bring home their Swords Duke Hamilton was taken and not long after sent to London But Cromwel marched on to Edenburgh and there by the help of the Faction which was contrary to Hamilton's he made sure not to be hindred in his designs the first whereof was to take away the King's Life by the Hand of the Parliament Whilst these things passed in the North the Parliament Cromwel being away came to it self and recalling their Vote of Non-Addresses sent to the King new Propositions somewhat but not much easier than formerly and upon the King's Answer to them they sent Commissioners to treat with him at Newport in the Isle of Wight where they so long dodged with him about trifles that Cromwel was come to London before they had done to the King's destruction For the Army was now wholly at the devotion of Cromwel who set the Adjutators on work again to make a Remonstrance to the House of Commons wherein