would proceed to Judgment 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 kill'd or depos'd 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 Supreme Power and the Parliament is the People This Speech ended the Sentence of Death was read and the same upon Tuesday after January the 30. executed at the Gate of his own Palace of White-Hall He that can delight in reading how villanously he was used by the Souldiers 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 styled Traytor Tyrant 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 shall 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 and Ireland c. B. Seeing the King was dead and his Successors barr'd by what declar'd Authority was the Peace maintain'd A. They had in their anger against the Lords formerly declar'd the Supreme Power of the Nation to be in the House of Commons and now on February the fifth they Vote the House of Lords to be useless and dangerous And thus the Kingdom was turn'd into a Democracy or rather an Oligarchy 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 styled a Parliament and by others a Rump I think you need not now have a Catalogue either of the Vices or of the Crimes or of the Pollies 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 appeared so eminently in the actions of Presbyterian Members and Presbyterian Ministers What greater Crimes than Blasphemy and killing Gods Anointed which was done by the hands of the Indipendents 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 Kings Power they lost withall 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 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 Democracy 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 follies of those five men which out of their reading of Tully Seneca and other Antimonarchicks think themselves sufficient Politicks and shew their discontents when they are not called to the management of the State and turn from one side to the other upon every neglect they fancy from the King or his Enemies A. YOU have seen the Rump in possession as they believ'd of the Supreme 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 purpose I am now therefore to shew you their proceedings B. Tell me first how this kind of Government under the Rump or Relick of a House of Commons is to be call'd A. 'T is doubtless an Oligarchy for the Supreme 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 sewer than all when in all it is Democraty for every man may enter into the Assembly which makes the Soveraign Court which they could not do here It is therefore manifest the Authority was in a few and consequently the State was an Oligarchy B. Is it not impossible for a people to be well Governed that are to obey more Masters than one A. Both the Rump and all other Soveraign 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 precuring 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 regard of their shares and also of a nearer approach in every one of them to the Dignity of a King A. Yes certainly what was their Principal End B. When these were put out why did not the Counties and Burroughs chuse others in their Places A. They could not do that without Order from the House After this they constituted a Council of forty persons which they termed a Council 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 among the people for many hundred years had countenanced and sweetened Subsidies and other Levies of Money otherwise very unpleasant to the Subject They took also afterwards another name which was Custodes Libertatis Angliae which Title they used only in their Writs issuing out of the Courts of Justice B. I do not see how a Subject that is tyed to the Laws can have more
the Common Law contained in Reports they have no force but what the King gives them besides it were unreasonable that a corrupt or foolish Judge's unjust Sentence should by any time how long soever obtain the authority and force of a Law but among the Statute Laws there is one called Magna Charta or The great Charter of the Liberties of English men in which there is one Article that no man shall be destrained that is have his Goods taken from him otherwise than by the Law of the Land B. Is not that a sufficient ground for their purpose A. No that leaves us in the same doubt which you think it clears for where was the Law of the Land then Did they mean a another Magna Charta that was made by some King more ancient yet No that Statute was made not to exempt any man from payments to the publick but for securing of every man from such as abused the King's Power by surreptitious obtaining of the King's Warrants to the oppressing of those against whom he had any Suite in Law But it was conducing to the end of some rebellious Spirits in this Parliament to have it interpreted in the wrong sense and suitable enough to the understanding of the rest or most part of them to let it pass B. You make the Members of that Parliament very simple men and yet the people chose them for the wisest of the Land A. If Craft be Wisedom they were wise enough but wise as I define it is he that knows how to bring his business to pass without the assistance of Knavery and ignoble shifts by the sole strength of his good contrivance A Fool may win from a better Gamster by the advantage of false Dice and Packing of Cards B. According to your definition there be few wise men now adays such Wisedom is a kind of Gallantry that few are brought up to and most think Folly fine Cloaths great Feathers Civilty towards men that will not swallow Injuries and injury towards them that will is the present Gallantry but when the Parliament afterwards having gotten the power into their hands levied Money to their own use what said the People to that A. What else but that it was legal and to be paid as being Imposed by consent of Parliament B. I have heard often that they ought to pay what was imposed by consent of Parliament to the use of the King but to their own use never before I see by this it is easier to gull the multitude than any one man amongst them for what one man that has his Natural Judgment depraved by accident could be so easily coused in a matter that concerns his Purse had he not been passionately carried away by the rest to change of Government or rather to a liberty of every one to govern himself A. Judge then what kind of men such a multitude of Ignorant People were like to elect for the Burgesses and Knights of Shires B. I can make no other Judgment but that they who were then elected were just such as had been elected for former Parliaments and as are like to be elected for Parments to come for the Common people have been and and always will be ignorant of their duty to the Publick as never meditating any thing but their particular Interest in other things following their immediate Leaders which are either the Preachers or the most potent of the Gentlemen that dwell amongst them as Common Souldiers for the most part follow their Captains if they like them If you think the late miseries have made them wiser that will quickly be forgot and then we shall be no wiser then we were A. Why may not men be taught their Duty that is the Science of Just and Unjust as divers other Sciences have been taught from true Principles and Demonstrations and much more easily than any of those Preachers and Democratical Gent. could Rebellion and Treason B. But who can teach what none have learned or if any man hath been so singular as to have studied the Science of Justice and Equity how can he teach it safely when it is against the interest of those that are in possession of the power to hurt him A The Rules of the Just and Unjust sufficiently demonstrated and from Principles evident to the meanest capacity have not been wanting and notwithstanding the obscurity of their Author have shined not onely in this but in Foreign Countries to men of good Education but they are few in respect of the rest of men whereof many cannot read many though they can have no leisure and of them that have leisure the greatest part have their minds wholly employed and taken up by their private businesses or pleasures so that it is impossible that the multitude should ever learn their Duty but from the Pulpit and upon Holy-days but then and from thence it is that they learned their Disobedience and therefore the light of that Doctrine has been hitherto covered and kept under hereby a cloud of adversaries which no man's private reputation can break through without the Authority of the Universities but from the Universities came all those Preachers-that taught the contrary The Universities have been to this Nation as the Wooden-horse was to the Trojaus B. Can you tell me why and when the Universities here first began A. It seems for the time they began in the Reign of the Emperor Charles the Great before which time I doubt not but there were many Grammar-Schools for the Latin Tongue which was the Natural Language of the Roman Church but for Universities that is to say Schools for the Science in general and especially for Divinity it is manifest that the institution of them was recommended by the Pope's Letter to the Emperor Charles the Great and recommended farther by a Council held in his time I think at Chal. sur Saone and not long after was erected an University at Paris and the University called University Colledge at Oxford and so by degrees several Bishops Noblemen and rich men and some Kings and Queens contributing thereunto the Universities at last obtained their present splendor B. But what was the Pope's design in it A. What other design was he like to have but what you heard before the advancement of his own Authority in the Countreys where the Universities were erected there they learned to dispute for him and with unintelligible distinctions to blind mens eyes whilst they encroached upon the Rights of Kings and it was an evident argument of that design that they fell in hand with the work so quickly For the first Rector of the University of Paris as I have read some-where was Peter Lombard who first brought in to them the Learning called School-Divinity and was seconded by John Scot of Duns who lived in or near the same time whom any ingenious Reader not knowing what was the design would judge to have been the most egregious Blockhead in the world so obscure and sensless are their
and Woods and whatsoever was remaining unpaid of any Subsidy formerly granted Him and the Tunnage and Poundage usually received by the King besides the profit of the Sequestration of great persons whom they pleas'd to Vote Delinquents and the profits of the Bishops Lands which â—troversie understood not the Reasons of either Party and for those that by Ambition were once set upon the Enterprize of changing the Government they cared not much what was Reason and Justice in the Cause but what Strength they might procure by reducing the multitude with Remonstrances from the Parliament-House or by Sermons in the Churches and to their Petitions I would not have had any answer at all more than this That if they would disband their Army and put themselves upon his Mercy they should find Him more Gracious than they expected A. That had been a gallant answer indeed if it had proceeded from Him after some extraordinary great Victory in Battel or some extraordinary assurance of a Victory at last in the whole War B. Why what could have hapned to Him worse than at length He suffered notwithstanding His gentle answer and all His reasonable Declarations A. Nothing but who knew that B. Any Man might see that He was never like to be restor'd to His Right without Victory and such His Statutes being known to the People would have brought to His assistance many more hands than all the arguments of Law or force of Eloquence couched in Declarations and other Writings could have done by far and I wonder what kind of Men they were that hindered the King from taking this Resolution A. You may know by the Declarations themselves which are very long and full of Quotations of Records and of Cases formerly Reported that the Penners of them were either Lawyers by Profession or such Gentlemen as had the ambition to be thought so Besides I told you before that those which were then likeliest to have their counsel asked in this business were averse to absolute Monarchy as also to absolute Democracy or Aristocracy all which Governments they esteemed Tyranny and were in love with Monarchy which they us'd to praise by the name of mixt Monarchy though it were indeed nothing else but pure Anarchy and those Men whose Pens the King most us'd in these Controversies of Law and Politics were such if I have not been misinformed as having been Members of this Parliament had declaim'd against Ship-money and other Extra-Parliamentary Taxes as much as any but when they saw the Parliament grow higher in their demands than they thought they would have done went over to the King's Party B. Who were those A. It is not necessary to name any Man seeing I have undertaken only a short Narration of the Follies and other Faults of Men during this trouble but not by naming of persons to give you or any man else occasion to esteem them the less now the faults on all sides have been forgiven B. When the Business was brought to this height by levying of Soldiers and seizing on the Navy Arms and other Provisions on both sides that no Man was so blind as not to see they were in an estate of War one against another why did not the King by Proclamation or Message according to his undoubted Right Dissolve the Parliament and thereby diminish in some part the Authority of their Levies and of other their unjust Ordinances A. You have forgotten that I told you that the King Himself by a Bill that He passed at the same time when He passed the Bill for the Execution of the Earl of Strafford had given them Authority to hold the Parliament till they should by consent of both Houses dissolve themselves If therefore He had by any Proclamation or Message to the Houses dissolv'd them they would to their former Defamations of His Majesties actions have added this That He was a Breaker of His Word and not only in Contempt of Him have continued their Session but also have made advantage of it to the increase and strengthning of their own Party B. Would not the King 's raising of an Army against them be interpreted as a purpose to dissolve them by force And was it not as great a breach of promise to scatter them by force as to dissolve them by Proclamation Besides I cannot conceive that the passing of that Act was otherwise intended than conditionally so long as they should not ordain any thing contrary to the Sovereign Right of the King which condition they had already by many of their Ordinances broken and I think that even by the Law of Equity which is the unalterable Law of Nature a man that has the Sovereign Power cannot if he would give away the right of any thing which is necessary for him to retain for the good Government of his Subjects unless he do it in express words saying That he will have the Sovereign Power no longer for the giving away that which by consequence only draws the Sovereignty along with it is not I think a giving away of the Sovereignty but an error such as works nothing but an invalidity in the Grant it self And such was the King's passing this Bill for the continuing of the Parliament as long as the Two Houses pleas'd But now that the War was resolv'd on on both sides what needed any more dispute in writings A. I know not what need they had but on both sides they thought it needful to hinder one another as much as they could from levying of Soldiers and therefore the King did set forth Declarations in Print to make the people know that they ought not to obey the Officers of the new Militia set up by the Ordinance of Parliament and also to let them see the Legality of His own Commissions of Array and the Parliament on their part did the like to justifie to the people the said Ordinance and to make the Commission of Array appear unlawful B. When the Parliament were Levying of Soldiers was it not lawful for the King to Levy Soldiers to defend Himself and His Right though there had been no other Title for it but His own preservation and that the name of Commission of Array had never been heard of A. For my part I think there cannot be a better Title for War than the defence of a Man 's own Right but the People at that time thought nothing lawful for the King to do for which there was not some Statute made by Parliament For the Lawyers I mean the Judges of the Courts of Westminster and some few others though but Advocates yet of great Reputation for their skill in the Common Laws and Statutes of England had infected most of the Gentry of England with their Maxims and Cases prejudg'd which they call Precedents and made them think so well of their own knowledge in the Law that they were glad of this occasion to shew it against the King and thereby to gain a Reputation with the Parliament of being good
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 Forces 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 would the Parliament have done with him They had dethron'd him by their Votes and therefore could have no security while he lived though in Prison it may be they would not have put him to death by a High Court of Justice publicly 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 promis'd 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 that Army are different things to make the Soldiers promise what the Army means not to perform July 11. the Parliament sent their Propositions to the King at Newcastle which Propositions they pretended to be the only way to a settled and well-grounded Peace They were brought by the Earl of Pembroke the Earl of Suffolk Sir VValter Earl Sir John Hyppesley Mr. Goodwin and Mr. Robinson whom the King asked If they had power to treat And when they said No he ask'd why they might not as well have been sent by a Trumpeter The propositions were the same dethroning ones which they used to send and therefore the King would not assent to them Nor did the Scots swallow them at first but made some exceptions against them only it seems to make the Parliament perceive they meant not to put the King into their hands gratis and so at last the bargain was made between them and upon payment of 200000 l. the King was put into the hands of the Commissioners which the English Parliament sent down to receive him B. What a vile Complexion hath this Action compounded of feigned Religion and very covetousness cowardize perjury and treachery A. Now the War that seemed so just by many unseemly things is ended you will see almost nothing in these Rebels but baseness and falseness besides their folly By this time the Parliament had taken in all the rest of the Kings Garisons whereof the last was Pendennis Castle whither Duke Hamilton had been sent Prisoner by the King B. What was done during this time in Ireland and Scotland A. In Ireland there had been a Peace made by order from His Majesty for a time which by divisions by the Irish was ill kept The Popish Party the Pope's Nuncio being then there took this to be the time for delivering themselves from their subjection to the English besides the time of the Peace was now expired B. How were they subject to the English more than the English to the Irish They were subject to the King of England but so also were the English to the King of Ireland A. The distinction is somewhat too subtil for common understanding In Scotland the Marquis of Montross for the King with a very few men had miraculously with Victories over-run all Scotland where many of his Forces out of too much security were permitted to be absent for a while of which the Enemy having intelligence suddenly came upon them and forced them to flie back into the High-lands to recruit where he bagan to recover strength when the King commanded him being then in the hands of the Scots at Newcastle to disband and he departed from scoâ—Scoâ—land by Sea In the end of the same year 1646. the Parliament caused the King's great Seal to be broken Also the King was brought to Holmeby and there kept by the Parliaments Commissioners and here was an end of that War as to England and Scotland but not to Ireland About this time also dyed the Earl of Essex whom the Parliament had discarded B. Now that there was Peace in England and the King in Prison in whom was the Sovereign Power A. The Right was certainly in the King but the exercise was yet in no body but contended for as in a game at Cards without fighting both the years 1647. 1648. between the Parliament and Oliver Cromwel Lieutenant General to Sir Thomas Fairfax You must know that when King Henry VIII abolished the Pope's Authority here and took upon him to be the Head of the Church the Bishops as they could not resist him so neither were they discontented with it For whereas the Pope before allowed not the Bishops to claim Jurisdiction in their Diocesses Jure Divino that is of Right immediately from God but by the Gift and Authority of the Pope now that the Pope was outed they made no doubt but the divine Right was in themselves After this the City of Geneva and divers other places beyond Sea having revolted from the Papacy set up Presbyteries for the Government of their several Churches and divers English Scholars that went beyond Sea during the Persecution of Queen Mary were much taken with this Government and at their return in the time of Q. Elizabeth and ever since have endeavor'd to the great trouble of the Church and Nation to set up that Government here wherein they might domineer and applaud their own Wit and Learning And these took upon them not only a Divine Right but also a Divine Inspiration and having been connived at and countenanced sometimes in their frequent Preaching they introduced many strange and many pernicious Doctrines out-doing the Reformation as they pretended both of Luther and Calvin receding from the former Divinity or Church-Philosophy for Religion is another thing as much as Luther and Calvin had receded from the Pope and distracted their Auditors into a great number of Sects as Brownists Anabaptists Independants Fifth-Monarchy Men Quakers and divers others all commonly called by the name of Fanaticks insomuch as there was no so dangerous an Enemy to the Presbyterians as this Brood of their own hatching These were Cromwel's best Cards whereof he had a very great number in the Army and some in the House whereof he himself was thought one though he were nothing certain but applying himself always to the Faction that was strongest was of a colour like it There was in the Army a great number if not most part that aimed only at Rapine and sharing the Lands and Goods of their Enemies and these also upon the opinion they had of Cromwel's Valor and Conduct thought they could not any way better arrive at their Ends than by adhering to him Lastly In the Parliament it self though not the major part yet a considerable number were Fanaticks enow to put in doubts and cause delay in the Resolutions of the House and sometimes also by advantages of a thin
his first coming to the Crown of England did endeavour it but could not prevail But for all that I believe the Scotch have now as many priviledges in England as any Nation had in Rome of those which were so as you say made Romans for they are all Naturalized and have right to buy Land in England to them and their Heirs B. 'T is true of them that were born in Scotland after the time that King James was in possession of the Kingdom of England A. There be very few now that were born before But why have they a better right that were born after than they that were born before B. Because they were born Subjects to the King of England and the rest not A. Were not the rest born Subjects to King James and was not he King of England B. Yes but not then A I understand not the subtilty of the distinction but upon what Law is that distinction grounded is there any Statute to that purpose B. I cannot tell I think not but it is grounded upon Equity A. I see little equity in this that those Nations that are bound to equal obedience to the same King should not have equal Priviledges and now seeing there be so very few born before King Jame's coming in what greater priviledges had those ingrafted Romans by their Naturalization in the State of Rome or in the State of England the English themselves more than the Scotch D. Those Romans when any of them were in Rome had their voice in the making of Laws A. And the Scotch have their Parliaments wherein their assent is required to the Law there made which is as good Have not many of the Provinces of France their several Parliaments and several Constitutions yet they are all equally Natural Subjects to the King of France And therefore for my part I think they were mistaken both English and Scotch in calling one another Foreigners Howsoever that be the King had a very sufficient Army wherewith he marched towards Scotland and by that time he was come to York the Scots Army was drawn up to the Fronteers and ready to march into England which also they presently did giving out all the way that their march should be without damage to the Countrey and that their Errand was onely to deliver a Petition to the King for the redress of many pretended Injuries they had received from such of the Court whose counsel the King most followed so they passed through Northumberland quietly till they came to a Ford in the River of Tine a little above Newcastle where they found some little opposition from a party of the King's Army sent thither to stop them whom the Scots easily mastered and as soon as they were over seized on Newcastle and coming farther on upon the City of Duresme and sent to the King to desire a Treaty which was granted and the Commissioners on both sides met at Rippon the conclusion was that all should be referred to the Parliament which the King should call to meet at Westminster the third of November following in the same year 1640. And thereupon the King returned to London B. So the Armies were disbanded A. No The Scotch Army was to be defrayed by the Counties of Northumberland and Duresme and the King was to pay his own till the disbanding of both should be agreed upon in Parliament B. So in effect both the Armies were maintained at the King's Charge and the whole Controversie to be desided by a Parliament almost wholly Presbyterian and as Partial to the Scotch as themselves could have wished A. And yet for all this they durst not presently make War upon the King there was so much yet left of Reverence to him in the Hearts of People as to have made them odious if they had declared what they intended they must have some colour or other to make it be believed that the King made War first upon the Parliament And besides they had not yet sufficiently disgraced him in Sermons and Pamphlets nor removed from about him those they thought could best counsel him therefore they resolved to proceed with him like skilful hunters First to single him out by men disposed in all parts to drive him into the open field and then in case he should not seem to turn head to call that making a War against the Parliament And first They called in question such as had either Preached or written in defence of those Rights which belonging to the Crown they meant to usurp and take from the King to themselves whereupon some few Writers and Preachers were Imprisoned or forced to fly The King not protecting these they proceeded to call in question some of the King 's own Actions in his Ministers whereof they Imprison'd some and some went beyond Sea and whereas certain persons having endeavoured by Books and Sermons to raise Sedition and committed other Crimes of high Nature had therefore been censured by the Kings Council in the Star-Chamber and Imprisoned the Parliament by their own Authority to try it seems how the King and the people would take it for their Persons were inconsiderable ordered their setting at Liberty which was accordingly done with great Applause of the People that flocked about them in London in manner of a Triumph This being done without resistance the Kings Right to Ship-money B. Ship-money what 's that A. The Kings of England for the defence of the Sea had power to Tax all the Counties of England whether they were Maritine or not for the Building and Furnishing of Ships which Tax the King had then lately found cause to impose and the Parliament exclaimed against it as an oppression And one of their Members that had been Taxed but 20 Shillings mark the Oppression a Parliament-man of 500 l. a Year Land Taxed at 20 Shillings they were forced to bring it to a Tryal at Law he refusing payment and he was cast again When all the Judges of Westminster were demanded their Opinions concerning the legality of it of Twelve that there are it was judged Legal by Ten for which though they were not punished yet they were affrighted by the Parliament B. What did the Parliament mean when they did exclaim against it as illegal Did they mean it was against Statute Law or against the Judgments of Lawyers given heretofore which are commonly called Reports or did they mean it was against Equity which I take to be the same with the Law of Nature A. It is a hard matter or rather impossible to know what other men mean especially if they be crafty but sure I am Equity was not their ground for their pretence of Immunity from Contributing to the King but at their own pleasure for when they have laid the Burthen of defending the whole Kingdom and governing it upon any person whatsoever there is little Equity he should depend on others for the means of performing it or if he do they are his Soveraign not he theirs and as for
they desired the whole and absolute soveraignty and to change the Monarchical Government into an Oligarchie that is to say to make the Parliament consisting of a few Lords and about 400 Commoners absolute in the soveraignty for the present and shortly after to lay the House of Lords aside for this was the Design of the Presbyterian Ministers who taking themselves to be by right the onely Lawful Government of the Church endeavoured to bring the same Form of Government into the Civil state and as the Spiritual Laws were to be made by their Synods so their Civil Laws should be made by the House of Commons who as they thought would no less be ruled by them afterwards than formerly they had been wherein they were deceived and found themselves out-gon by their own Disciples though not in Malice yet in Wit B. What followed after this A. In August following the King supposing he had now sufficiently obliged the Parliament to proceed no farther against him took a Journey into Scotland to satisfie his Subjects there as he had done here intending perhaps so to gain their good wills that in case the Parliament here should levy Arms against him they should not be aided by the Scots wherein he also was deceived for though they seemed satisfied with what he did whereof one thing was his giving away to the Aboletion of Episcopacy Yet afterwards they made a League with the Parliament and for Money when the King began to have the better of the Parliament invaded England in the Parliaments Quarrel but this was a Year or two after B. Before you go any farther I desire to know the Ground and Original of that Right which either the House of Lords or House of Commons or both together pretend to A. It is a question of things so long past that they are now forgotten nor have we any thing to conjecture by but the Records of our own Nation and some small and obscure fragments of Roman Histories And for the Records seeing they are of things only done sometimes justly sometimes unjustly you can never by them know what Right they had but only what Right they pretended B. Howsoever let me know what light we have in this matter from the Roman Histories A. It would be too long and an useless digression to â—â—â—all the Antient Authors that speak of the forms of those Common-wealths which were amongst our first Ancestors the Saxons and other Germans and of other Nations from whom we derive the Titles of Honour now in use in England nor will it be possible to derive from them any Arguments of Right but only Examples of fact which by the Ambition of Potent Subjects have been oftener unjust than otherwise and for those Saxons or Angles that in Antient times by several Invasions made themselves Masters of this Nation they were not in themselves one Body of Common-wealth but only a League of divers Petty German Lords and States such as was the Graecian Army in the Trojan War without other Obligations than that which proceeded from their own fear and weakness nor were these Lords for the most part the Soveraigns at home in their own Country but chosen by the people for the Captains of the Forces they brought with them And therefore it was not without Equity that when they had conquer'd any part of the Land and made some one of them King thereof the rest should have greater Priviledges than the common People and Soldiers amongst which Priviledges a man may easily conjecture this to be one that they should be made acquainted and be of Council with him that hath the Soveraignty in matters of Government and have the greatest and most honourable Offices both in Peace and War But because there can be no Government where there is more than one Soveraign it cannot be inferr'd that he had a Right to oppose the King's Resolutions by force nor to enjoy those honours and places longer than they should continue good Subjects And we find that the Kings of England did upon every great occasion call them together by the name of Discreet and Wise men of the Kingdom and hear their Councils and make them Judges of all Causes that during their Sitting were brought before them But as he summon'd them at his own pleasure so had he also ever at his pleasure power to Dissolve them The Normans also that descended from the Germans as we did had the same Customs in this particular and by this means this Priviledge have the Lords to be of your King 's great Council and when they were assembled to be the highest of the King's Court of Justice continued still after the Conquest to this day But though there be amongst the Lords divers Names or Titles of Honour yet they have their Priviledge by the only name of Baron a name receiv'd from the Antient Gauls amongst whom that name signified the King's man or rather one of his great men By which it seems to me that though they gave him Council when he requir'd it yet they had no Right to make War upon him if he did not follow it B. When began first the House of Commons to be part oâ— the King 's great Council A. I do not doubt but that before the Conquest some discreet men and known to be so by the King were called by special Writ to be of the same Council though they were not Lords But that is nothing to the House of Commons the Knights of â—lares and Burgesses were never called to Parliament for ought that I know till the beginning of Edward the first or the latter end of the Reign 〈◊〉 Henry the third immediately after the mis-behaviour of the Barons and for ought any man knows were called on purpose to weaken that Power of the Lords which they had so freshly abused Before the time of Henry the third the Lords were deâ—â—oâ—â—ed most of them from such as in the Invasions and Conquests of the Germans were Peers and â—ellow-Kings 'till one was made King of them â—â—ll and their Tenants were their Subjects as it is at this day with the Lords of France But after the time of Henry the third the Kings began to make Lords in the place of them whose Issue fail'd Titularly only without the Lands belonging to their Title and by that means their Tenants being bound no longer to Terve them in the Wars they grew every day less and less able to make a Party against the King though they continued still to be his great Council And as their Power decreased To the Power of the House of Commons increased But I do not find that they were part of the King's Council at all nor Judges over other men though it cannot be denied but a King may ask their advice as well as the advice of any other But I do not find that the end of their summoning was to give advice but only in case they had any Petitions for Redress of Grievances to be ready there
Ship-money They had taken away Coat and Conduct-money and other Military Charges which they said amounted to little less than the Ship-money That they supprest all Monopolies which they reckoned above a Million yearly sav'd by the Subject That they had quell'd Living Grievances meaning Evil Counsellors and Actors by the Death of my Lord Strafford by the flight of the Chancellor Finch and of Secretary Windebank by the Imprisonment of the Arch-Bishop of Canterbury and Judges that they had past a Bill for a Triennial Parliament and another for the Continuance of the present Parliament till they should think fit to Dissolve themselves B. That is to say for ever if they be suffered But the summ of all those things which they had done for the Kingdom is that they had left it without Government without Strength without Money without Law and without good Council A. They reckoned also putting down of the High-Commission and the abating of the Power of the Council-Table and of the Bishops and their Courts the taking away of unnecessary Ceremonies in Religion removing of Ministers from their Livings that were not of their Faction and putting in such as were B. All this was but their own and not the Kingdoms business A. The Good they had done the King was first they said the giving of 25000 l. a month for the Relief of the Northern Counties B. What need of Relief had the Northern more than the rest of the Counties of England A. Yes In the Northern Counties were quartered the Scotch Army which the Parliament call'd in to oppose the King and consequently their Quarters was to be discharged B. True but by the Parliament that call'd them in A. But they say no and that this Money was given the King because he is bound to protect his Subjects B. He is no farther bound to that than they to give him Money wherewithal to do it This is very great Impudence to raise an Army against the King and with that Army to oppress their Fellow-subjects and then require that the King should relieve them that is to say be at the Charge of Paying the Army that was raised to fight against him A. Nay farther they put to the King's Accounts the 30000 l. given to the Scots without which they would not have Invaded England besides many other things that I now remember not B. I did not think there had been so great Impudence and Villany in Mankind A. You have not observ'd the world long enough to see all that 's ill such was their Remonstrance as I have told you with it they sent a Petition containing three points First That His Majesty would deprive the Bishops of their Votes in Parliament and remove such Oppressions in Religion Church Government and Discipline as they had brought in Secondly That he would remove from his Council all such as should promote the Peoples Grievances and Imploy in his great and public Affairs such as the Parliament should confide in Thirdly That he would not give away the Lands Escheated to the Crown by the Rebellion in Ireland B. This last point methinks was not wisely put in at this time it should have been reserv'd till they had subdued the Rebels against whom there were yet no Forces sent over 'T is like selling the Lion's Skin before they had kill'd him But what answer was made to the other two Propositions A. What answer should be made but a Denial About the same time the King himself Exhibited Articles against six persons of the Parliament five whereof were of the House of Comons and one of the House of Lords accusing them of High Treason and upon the fourth of January went himself to the House of Commons to demand those five of them but private notice having been given by some Treacherous person about the King they had absented themselves and by that means frustrated His Majesties Intention and after he was gone the House making a hainous matter of it and a High Breach of their Priviledges adjourned themselves into London there to sit as a General Committee pretending they were not safe at Westminster for the King when he went to the House to demand those persons had somewhat more attendance with him but not otherwise armed than his servants used to be than he ordinarily had and would not be pacified though the King did afterwards wave the prosecution of those persons unless he would also discover to them those that gave him Counsel to go in that manner to the Parliament-House to the end they might receive condign punishment which was the Word they used instead of Cruelty B. This was a harsh Demand Was it not enough that the King should forbear his Enemies but also that he must betray his Friends If they thus tyrannize over the King before they have gotten the Soveraign Power into their Hands how will they tyrannize over their Fellow-Subjects when they have gotten it A. So as they did B. How long staid that Commitee in London A. Not above 2 or 3 Days and then were brought from London to the Parliament-House by Water in great Triumph guarded with a tumultuous number of Armed Men there to sit in security in despite of the King and make Traiterous Acts against Him such and as many as they listed and under favour of these Tumults to frighten away from the House of Peers all such as were not of their own Faction for at this time the Rabble was so insolent that scarce any of the Bishops durst go to the House for fear of Violence upon their Persons insomuch that Twelve of them excused themselves of Coming thither and by way of Petition to the King remonstrated that they were not permitted to go quietly to the Performance of that Duty and protesting against all Determinations as of none Effect that should pass in the House of Lords during their forced Absence which the House of Commons taking hold of sent up to the Peers one of their Members to accuse them of High Treason whereupon Ten of them were sent to the Tower after which time there was no more words of their High Treason but there passed a Bill by which they were deprived of their Votes in Parliament And to this Bill they got the King's Assent and in the beginning of September after they Voted the Bishops should have no more to do in the Government of the Church but to this they had not the King's Assent the War being now begun B. What made the Parliament so averse to Episcopacy and especially the House of Lords whereof the Bishops were Members For I see no reason why they should do it to gratifie a number of poor Parish Priests that were Presbyterians and that were never likely to serve the Lords but on the contrary to do their best to pull down their power and subject them to their Synods and Classes A. For the Lords very few of them did perceive the intention of the Presbyterians and besides that they durst not I
a Member of the Lords House and Hollis Haslerig Hampden Prinn and Stroud five Members of the Lower House of High Treason and after the Parliament had Voted out the Bishops from the House of Peers they pursued especially two things in their Petitions to His Majesty the one was that the King would declare who were the persons that advised him to go as he did to the Parliament-House to apprehend them and that he would leave them to the Parliament to receive condign punishment and this they did to stick upon His Majesty the dishonour of Deserting his Friends and betraying them to his Enemies The other was that he would allow a Guard out of the City of London to be commanded by the Earl of Essex for which they pretended they could not else sit in safety which pretence was nothing but an upbraiding of His Majesty for coming to Parliament better accompanied than ordinary to seize the said five sedicious Members B. I see no reason in petitioning for a Guard they should determine it to the City of London in particular and the Command by name to the Earl of Essex unless they meant the King should understand it a Guard against himself A. Their meaning was that the King should understand it so and as I verily believe they meant he should take it as an affront and the King himself understanding it so denied to grant it though he were willing if they could not otherwise be satisfied to command such a Guard to wait upon them as he would be responsible for to God Almighty Besides this the City of London petition'd the King put upon it no doubt by some Member of the Lower House to put the Tower of London into the hands of persons of Trust meaning such as the Parliament should approve of And so appoint a Guard for the safety of His Majesty and the Parliament This method of bringing Petitions in a Tumultuary manner by great multitudes of Clamorous people was ordinary with the House of Commons whose Ambition could never have been served by way of Prayer and Request without extraordinary terror After the King had waved the prosecution of the five Members but denied to make known who had advised Him to come in person to the House of Commons they questioned the Attorney-General who by the King's command had Exhibited the Articles against them and Voted him A Breaker of the Priviledge of Parliament And no doubt had made him feel their Cruelty if he had not speedily fled the Land About the end of January they made an Order of both Houses of Parliament to prevent the going over of Popish Commanders into Ireland not so much fearing that as that by this the King Himself choosing his Commanders for that Service might aid Himself out of Ireland against the Parliament But this was no great matter in respect of a Petition they sent His Majesty about the same time that is to say about the Twenty seventh or Twenty eighth of January 1641. wherein they desired in effect the absolute Soveraignty of England though by the name of Soveraignty they challeng'd it not whil'st the King was living for to the end that the fears and dangers of this Kingdom might be removed and the mischievous designs of those who are Enemies to the Peace of it might be prevented they pray that His Majesty would be pleased to put forthwith First The Tower of London Secondly All other Forts Thirdly The whole Militia of the Kingdom into the hands of such Persons as should be recommended to him by both the Houses of Parliament And this they style a necessary Petition B. Were there really any such fears and dangers generally conceived here Or did there appear any Enemies at that time with such designs as are mentioned in the Petition A. Yes but no other fear of danger but such as discreet and honest men might justly have of the designs of the Parliament it self who were the greatest Enemies to the Peace of the Kingdom that could possibly be 'T is also worth observing that this Petition began with these words Most Gracious Sovereign so stupid they were as not to know that he that is Master of the Militia is Master of the Kingdom and consequently is in possession of a most absolute Sovereignty The King was now at Windsor to avoid the Tumults of the Common People before the Gates at Whitehall together with the Clamors and and Affronts there the Ninth of February after he came to Hampton Court and thence went to Dover with the Queen and the Princess of Orange his Daughter where the Queen with the Princess of Orange embarked for Holland but the King returned to Greenwich whence he sent for the Prince of Wales and the Duke of York and so went with them towards York B. Did the Lorâ—s join with the Commons in this Petition for the Militia A. It appears so by the Title but I believe they durst not but do it the House of Commons took them but for a Cypher Men of Title onely without real Power but they were very much mistaken for the House of Commons never intended they should be sharers in it B. What Answer made the King to this Petition A. That when He shall know the Extent of Power which is intended to be established in those persons whom they desire to be the Commanders of the Militia in the several Counties and likewise to what time it shall be limited that no Power shall be Executed by His Majesty alone without the advice of Parliament then he will declare that for the securing them from all Dangers or Jealousies of any then His Majesty will be content to put into all the places both Forts and Militia in the several Counties such persons as both the Houses of Parliament shall either approve or recommend unto him so that they declare before unto His Majesty the names of the persons whom they approve or recommend unless such persons shall be nam'd against whom he shall have just and unquestionable Exceptions B. What Power For what Time And to whom did the Parliament grant concerning the Militia A. The same Power which the King had before planted in his Lieutenants and his Deputy-Lieutenants in the several Counties and without other limitation of time but their own pleasure B. Who were the Men that had this Power A. There is a Catalogue of them Printed they are very many and most of them Lords nor is it necessary to have them nam'd for to name them is in my opinion to brand them with the mark of Disloyalty or of Folly When they had made a Catalogue of them they sent it to the King with a new Petition for the Militia Also presently after they sent a Message to His Majesty praying Him to leave the Prince at Hampton Court but the King granted neither B. Howsoever it was well done of them to get Hostages if they could of the King before He went from them A. In the mean time to raise Mony
Patriots and wise Statesmen B. What was this Commission of Array A. King William the Conqueror had gotten into his hands by Victory all the Lands in England of which he disposed some part as Forests and Chaces for his own Recreation and some part to Lords and Gentlemen that had assisted him or were to assist him in the Wars upon which he laid a charge of service in his Wars some with more Men and some with less according to the Lands he had given them whereby when the King sent Men unto them with Commission to make use of their Service they were obliged to appear with Arms and to accompany the King to the Wars for a certain time at their own Charges and such were the Commissions by which this King did then make his Levies B. Why then was it not Legal A. No doubt but it was Legal but what did that amount to with Men that were already resolv'd to acknowledge for Law nothing that was against their design of abolishing Monarchy and placing a sovereign and absolute Arbitrary Power in the House of Commons B. To destroy Monarchy and set up the House of Commons are two Businesses A. They found it so at last but did not think it so then B. Let us come now to the Military power A. I intended only the Story of their Injustice Impudence and Hypocrisie therefore for the proceeding of the War I refer you to the History thereof written at large in English I shall only make use of such a Thread as is necessary for the filling up of such Knavery and Folly also as I shall observe in their several Actions From York the King went to Hull where was His Magazine of Arms for the Northern Parts of Ergland to try if they would admit Him the Parliament had made Sir John Hotham Governor of the Town who caused the Gates to be shut and preseating himself upon the walls flatly denied Him entrance for which the King caused him to be preclam'd Traytor and sent a Message to the Parliament to know if they own'd the Actions B. Upon what grounds A. Their pretence was this That neither this nor any other Town in England was otherwise the King 's than in Trust for the People of England B. I cannot see the force of this Argument We represent the People Ergo all that the People has is ours The Mayor of Hull did represent the King Is therefore all the King had in Hull the Mayor's The People of England may be represented with Limitations as to deliver a Petition or the like does it follow that they who deliver the Petition have Right to all the Towns in England When began this Parliament to be a Representative of England Was it November 3. 1640 Who was it the day before that had the Right to keep the King out of Hull and possess it for themselves For there was then no Parliament whose was Hull then A. I think it was the King's not only because it was called the King's Town upon Hull but because the King Himself did then and ever represent the Person of the People of England If He did not who then did the Parliament having no Being B. They might perhaps say the People had then no Representative A. Then there was no Commonwealth and consequently all the Towns of England being the Peoples you and I and any Man else might have put in for his share You may see by this what weak People they were that were carried into the Rebellion by such weak reasonings as this Parliament used and how impudent they were that did put such Fallacies upon them B. Surely they were such as were esteem'd the wisest Men in England being upon that account chosen to be the Parliament A. And were they also esteem'd the wisest Men of England that chose them B. I cannot tell that for I know it is usual with the Freeholders in the Counties and the Tradesmen in the Cities and Burroughs to choose as near as they can such as are most repugnant to the giving of Subsidies A. The King in the beginning of August after He had summon'd Hull and tried some of the Counties thereabout what they would do for Him set up His Standard at Nottingham but there came not in thither Men enow to make an Army sufficient to give Battel to the Earl of Essex From thence He went to Shrewsbery where He was quickly furnished and appointing the Earl of Lindsey to be General He resolv'd to march towards London The Earl of Essex was at Worcester with the Parliament Army making no offer to stop Him in His passage but as soon as He was gone by marched close after him The King therefore to avoid being inclosed between the Army of the Earl of Essex and the City of London turned upon him and gave him Battel at Edge-hill where though he got not an intire Victory yet he had the better if either had the better and had certainly the fruit of a Victory which was to march on in his intended way towards London in which the next morning he took Banbury Castle and from thence went to Oxford and thence to Brentford where he gave a great Defeat to Three Regiments of the Parliaments Forces and so return'd to Oxford B. Why did not the King go on from Brentford A. The Parliament upon the first notice of the King 's marching from Shrewsbery caused all the Trained Bands and the Auxiliaries of the City of London which were so frighted as to shut up all their shops to be drawn forth so that there was a complete and numerous Army ready for the Earl of Essex that was crept into London just at that time to head it and this was it that made the King retire to Oxford In the beginning of February after Prince Rupert took Cirencestâ—r from the Parliament with many Prisoners and many Arms for it was newly made a Magazine and thus stood the business between the King 's and the Parliaments Forces The Parliament in the mean time caused a Line of Communication to be made about London and the Suburbs of 12 miles in compass and constituted a Committee for the Association and the putting into a posture of defence the Counties of Essex Cambridge Suffolk and some others and one of those Commissioners was Oliver Cromwel from which employment he came to his following greatness B. What was done during this time in other parts of the Country A. In the West the Earl of Stamford had the employment of putting in execution the Ordinance of Parliament for the Militia and Sir Ralph Hopton for the King executed the Commission of Array Between those two was fought a Battel at Liscard in Cornwal where Sir Ralph Hopton had the Victory and presently took a Town called Saltash with many Arms much Ordnance and many Prisoners Sir William Waller in the mean time seized Winchester and Chichester for the Parliament In the North for the Commission of Array my Lord of Newcastle and
towards Worcester This made them to divide again and the Earl to go into the West and Waller to pursue the King By this means it so sell out that both their Armies were defeated for the King turn'd upon Waller routed him at Copredy-Bridge took his Train of Artillery and many Officers and then presently followed the Earl of Essex into Cornwal where he had him at such advantage that the Earl himself was fain to escape in a small Boat to Plymouth his Horse broke through the King's Quarters by night but the Infantry were all fore'd to lay down their Arms and upon conditions never more to bear Arms against the King were permitted to depart In October following was fought a second and sharp Battel at Newbery for this Infantry making no Conscience of the Conditions made with the King being now come towards London as far as Basingstoke had Arms put again into their hands to whom some of the Trained Bands being added the Earl of Essex had suddenly so great an Army that he attempted the King again at Newbery and certainly had the better of the day but the night parting them had not a complete Victory And it was observed here that no part of the Earl's Army fought so 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 a condition as the Parliament which despair'd of Victory by the Commanders then us'd therefore they voted a new modelling 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 look'd for in this second Battel at Newbery 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 serv'd them too well and yet out of this Ordinance they excepted Oliver Cromwel in whose Conduct and Valour 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 In the Commission to the Earl of Essex there was a Clause for Preservation of His Majesty's Person which in this new Commission was left out though the Parliament as well as the General were as yet Presbyterians 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 secured In this same year the Parliament put to death Sir John Hotham and his Son for tampering with the Earl of Newcastle about the Rendition of Hull And Sir Alexander Carew for endeavouring to deliver up Plymouth where he was Governour for the Parliament And the Archbishop 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 soul words They then also voted down the Book of Common-Prayer and ordered the use of a Directory which had been newly compos'd 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 lest the Houses at VVestminster but sew of them had changed their old principles and therefore that Parliament was not much worth Nay rather because they endeavoured nothing but Messages and Treaties that is to say defeating 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 battel 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 desended by Blake famous afterward for his Actions at Sea resolv'd 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 VVilliam 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 confest the same by commanding Fairfax to rise from the Siege and endeavour to give the King battel for the Successes of the King and the treacherous divisions growing now among themselves had driven them to rely upon the fortune of one day in which at Naseby the King's Army was utterly overthrown and no hope left him to raise another therefore after the battel he went up and down doing the Parliament here and there some shrewd turns but never much increasing his number Fairfax in the mean time first recovered Leiâ—ester 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 VVales 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 VVoodstock had it surrendered The King therefore who was now also returned to Oxford from whence VVoodstock 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 disguised to the Scotch Army to Newâ—rk and thither he came the 4th of May and the Scotch Army being upon remove homewards carried him with them to Newcastle whither he came May the 13th 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 Country 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 desired he might come to them in person this also was denied He sent again and again to the same purpose but instead
liberty in one form of Government than another A. Howsoever to the people that understand by Liberty nothing but leave to do what they list it was a Title not ungrateful Their next work was to set forth a publick Declaration that they were fully resolved to maintain the Fundamental Laws of the Nation as to the preservation of the Lives Liberties and Proprieties of the people B. What did they mean by the Fundamental Laws of the Nation A. Nothing but to abuse the people for the only Fur damental Law in every Common-Wealth is to obey the Laws from time to time which he shall make to whom the people have given the Supreme Power How likely then are they to uphold the Fundamental Laws that had murdered him who was by themselves so often acknowledged their lawful Soveraign Besides at the same time that this Declaration came forth they were erecting the High Court of Justice which took away the lives of Duke Hamilton the Earl of Holland and the Lord Capel whatsoever they meant by a Fundamental Law the Erecting of this Court was a breach of it as being warranted by no former Law or Example in England At the same time also they levied Taxes by Soldiers and permitted Free Qarter to them and did many other Actions which if the King had done they would have said had been done against the Liberty and Propriety of the Subject B. What silly things are the common sort of people to be cozen'd as they were so grosly A. What sort of people as to this matter are not of the common sort the crastiest Knaves of all the Rump were no wiser than the rest whom they cozen'd for the most of them did believe that the same things which they impos'd upon the generality were just and reasonable and especially the great Haranguers and such as pretended to Learning for who can be a good Subject in a Monarchy whose Principles are taken from the Enemies of Monarchy such as were Cicoro Seneca Cato and other Polititians of Rome and Aristotle of Athens who spake of Kings but as Wolves and other ravenous Beasts You may perhap think a man has need of nothing else to know the duty he owes to his Governour and what right he has to order him but a good Natural Wit But it is otherwise for it is a Science and built upon sure and clear Principles and to be learn'd by deep and careful study or from Masters that have deeply studied it And who was there in the Parliament or in the Nation that could find out those evident Principles and derive from thence the necessary Rules of Justice and the necessary Connexion of Justice and Peace The people have one day in seven the leisure to hear Instructions and there are Ministers appointed to teach them their duty But how have these Ministers perform'd their Office A great part of them namely the Presbyterian Ministers throughout all the whole War instigated the people against the King so did also Independant and other Fanatick Ministers There contented with their Livings preached in their Parishes points of Controversie to Religion impertinent but to the breach of Charity among themselves very effectual or else Eloquent things which the people either understood not or thought themselves not concern'd in But this sort of Preachers as they did little good so they did little hurt the mischief proceeded wholly from the Presbyterian Preachers who by a long practis'd Histrionick Faculty preached up the Rebellion powerfully B. To what end A. To the end that the State becoming popular the Church might be so too and govern'd by an Assembly and consequently as they thought seeing Politicks are subservient to Religion they might govern and thereby satisfie their covetous humour with Riches and also their malice with Power to undo all men that admir'd not their Wisdom Your calling the people silly things oblig'd me by this digression to shew you that it is not want of Wit but want of the Science of Justice that brought them into these troubles Perswade if you can that man that has made his Fortune or made it greater or an Eloquent Orator or a ravishing Poet or a subtil Lawyer or but a good hunter or a cunning Gamester that he has not a good Wit and yet there were of all these a great many so silly as to be deceived by the Rump They wanted not wit but the knowledg of the Causes and grounds upon which one person has a right to govern and the rest an obligation to obey which grounds are necessary to be taught the people who without them cannot live long in peace among themselves B. Let us return if you please to the proceedings of the Rump A. In the rest of the year they voted a new Stamp for the Coyn of this Nation They considered also of Agents to be sent into Foreign Parts and having lately receiv'd Applause from the Army for their work done by the High Court of Justice and incouragement to extend the same farther they perfected the said High Court of Justice in which were tryed Duke Hamilton the Earl of Holland the Lord Capel the Earl of Norwich and Sir John Owen whereof as I mention'd before the first three were beheaded This affrighted divers of the Kings Party out of the Land for not only they but all that had born Arms for the King were 〈◊〉 that time in very great danger of their lives for it waâ— put to the question by the Army at a Council of Waâ— whether they should be all Massacred or no wherâ— the No's carried it but by two Voices Lastly Marâ—â— 24. they put the Mayor of London out of his Office fined him two thousand pound disfranchised him and condemn'd him to two Months Imprisonment in the Tower for refusing to proclaim the Act for abolishing of the Kingly Power And thus ended the year 1648. and the Monthly Fast God having granted that which they fasted for the death of the King and the possession of his Inheritance By these their Proceedings they had already lost the hearts of the generality of the People and had nothing to trust to but the Army which was not in their power but in Cromwel's who never fail'd when there was occasion to put them upon all Exploits that might make them odious to the people in order to his future dissolving them whensoever it should conduce to his ends In the beginning of 1649. the Scots discontented with the proceedings of the Rump against the late King began to levy Soldiers in order to a new Invasion of England The Irish Rebels for want of timely resistance from England were grown terrible and the English Army at home infected by the Adjutators began to cast about how to share the Land among the Godly meaning themselves and such others as they pleas'd who were therefore call'd Levellers Also the Rump for the present were not very well provided of Money and therefore the first thing they did was the laying of a
Tax upon the people of ninety thousand pound a Month for the maintenance of the Army B Was it not one of their Quarrels with the King that he had levied Money without the consent of the people in Parliament A. You may see by this what reason the Rump had to call it self a Parliament for the Taxes imposed by Parliament were always understood to be by the peoples consent and consequently legal To appease the Scots they sent Messengers with flattering Letters to keep them from ingaging for the present King but in vain for they would hear nothing from a House of Commons as they call'd it at Westminster without a King and Lords But they sent Commissioners to the King to let him know what they were doing for him for they were resolv'd to raise an Army of seventeen thousand Foot and six thousand Horse for themselves To relieve Ireland the Rump had resolv'd to send eleven Regiments thither out of the Army here in England This happened well for Cromwel for the Levelling Soldiers which were in every Regiment many and in some the major part finding that instead of dividing the Land at home they were to venture their Lives in Ireland flatly denied to go and one Regiment having cashier'd their Colonel about Salisbury was marching to joyn with three Regiments more of the same resolution but both the General and Cromwel falling upon them at Burford utterly defeated them and soon after reduced the whole Army to their obedience And thus another of the Impediments to Cromwel's Advancement was soon remov'd Thus done they came to Oxford and thence to London and at Oxford both the General and Cromwel were made Doctors of the Civil Law and at London â—easted and presented by the City B. Were they not first made Masters then Dâ—ctors A. They had made themselves Masters already both of the Laws and Parliament The Army being now obedient the Rump sent over those eleven Regiments into Ireland under the Command of Doctor Cromwel Entituled Governour of that Kingdom the Lord Fairfax being still General of all the Forces both here and there The Marquess now Duke of Ormond was the Kings Lieutenant of Ireland and the Rebels had made a Confederacy among themselves and those Confederates had made a kind of League with the Lieutenant wherein they agreed upon liberty given them in the exercise of their Religion to be faithful to and assist the King To these also were joyned some Forces raised by the Earls of Castlehaven and Clanriccard and my Lord Inchequin so that they were the greatest United Strength in the Island but there were among them a great many other Papists that would by no means subject themselves to Protestants and these were called the Nuncio's Party as the other were called the Confederate Party These Parties not agreeing and the Confederate Party having broken their Articles the Lord Lieutenant seeing them ready to besiege him in Dublin and not able to defend it to preserve the place for the Protestants surrenders it to the Parliament of England and came over to the King at this time when he was carried from place to place by the Army From England he went over to the Prince now King residing then at Paris But the Confederates affrighted with the news that the Rump was sending over an Army thither desir'd the Prince by Letters to send back my Lord of Ormond ingaging themselves to submit absolutely to the Kings Authority and to obey my Lord of Ormond as his Lieutenant And thereupon he was sent back This was about a year before the going over of Cromwel in which time by the Dissentions in Ireland between the Confederate Party and the Nuncio's Party and discontents about Command this otherwise sufficient Power effected nothing and was at last defeated August the second by a Salley out of Dublin which they were besieging Within a few days after arriv'd Cromwel who with extraordinary diligence and horrid Executions in less than a Twelve-month that he staid there subdued in a manner the whole Nation having kill'd or exterminated a great part of them and leaving his Son-in-law Ireton to subdue the rest But Ireton died there before the business was quite done of the Plague This was one step more towards Cromwel's Exaltation to the Throne B. What a miserable condition was Ireland reduced to by the Learning of the Roman as well as England was by the Learning of the Presbyterian Clergy A. In the latter end of the preceeding year the King was come from Paris to the Hague and shortly after came thither from the Rump their Agent Dorisâ—aus Doctor of the Civil Law who had been imployed in the drawing of the Charge against the late King But the first night he came as he was at Supper a Company of Cavaliers near a dozen entred his Chamber kill'd him and got away Not long after also their Agent at Madrid one Ascham that had written in defence of his Masters was kill'd in the same manner About this tire came out two Books one written by Salmasius a Presbyterian against the Murder of the King another written by Milton an Independent in England in Answer to it B. I have seen them both they are very good Laâ—iâ—â— both and hardly to be judged which is better and both very ill reasoning and hardly to be judged which is worst like two Declamations Pro and Con for Exercise only in a Rhetorick School by one and the same man So like is a Presbyterian to an Independent A. In this year the Rump did not much at home save that in the beginning they made England a Free State by an Act that runs thus Be it Enacted and Declared by this present Parliament and by the Authority thereof That the people of England and all the Dominions and Territories thereunto belonging are and shall be and are hereby constituted made and declared a Common-wealth and Free State c. B. What did they mean by a Free State and Common-wealth were the people no longer to be subject to Laws They could not mean that for the Parliament meant to Govern them by their own Laws and punish such as broke them Did they mean that England should not be subject to any foreign Kingdom or Common-wealth That needed not be Enacted seeing there was no King nor People pretended to be their Masters What did they mean then A. They meant that neither this King nor any King nor any single person but only that they themselves would be the Peoples Masters and would have set it down in those plain words if the people could have been cozen'd with words intelligible as easily as with words not intelligible After this they gave one another Money and Estates out of the Lands and Goods of the Loyal Party They Enacted also an Engagement to be taken by every man in these words Tou shall promise to be true and faithful to the Common-wealth of England as it is now established without King or House of Lords They
banished also from within 20 Miles of London all the loyal Party forbidding every one of them to depart more than five miles from his dwelling house B. They meant perhaps to have them ready if need were for a Massacre But what did the Scots in this time A. They were considering of the Officers of the Army which they were levying for the King how they might exclude from Command all such as had loyally serv'd his now Majesty's Father and all Independents and all such as commanded in Duke Hamilton's Army And these were the main things which passed this year The Marquess of Montross that had in the year 1645. with a few men and in a little time done things almost incredible against the late King's Enemies in Scotland landed now again in the beginning of the year 1650. in the North of Scotland with Commission from the present King hoping to do him as good service as he had formerly done his Father but the case was alter'd 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 rais'd Besides the Souldiers which the Marquess brought over were few and Forreigners nor did the High-landers come in to him as he expected insomuch as he was soon defeated and shortly after taken and with more spightful usage than revenge requir'd Executed by the Covenanters at Edinborough May the 2d B. What good could the King expect from joining with these men who during the Treaty discover'd sâ— much malice to him in one of his one of his best Subjects A. No doubt their Church-men being then prevalent they would have done as much so this King as the English Parliament had done to his Father it 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 the Kingdom if suffered to become an old Debt will hardly ever be recover'd Besides the King was sure where-ever the Victory lighted he could lose nothing in the War but Enemies A. About the time of Montrosses death which was in May Cromwel was yet in Ireland and his work unfinished but finding or by his Friends advertis'd 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 welcom'd 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 refused 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 Soveraign Power B. Where was the King A. In Scotland newly come over he landed in the North and was honourably conducted to Edinborough though all things was not yet well agreed upon between the Scots and him for 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 refus'd In fine they agreed but would not suffer the King or any Royalist to have Command in the Army B. The sum of all is the King was their Prisoner A. Cromwel from Berwick 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 by Conference to give and receive satisfaction or to decide the Justice of the Cause by Battel To which the Scots answering declare That they will not prosecute the Kings Interest before and without his acknowledgment of the sins of his House and his former ways and satisfaction given to Gods people in both Kingdoms Judge by this whether the present King was 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 acknowledg the sins of his House for I thought it had been certain from all Divines that no man was bound to acknowledg any mans 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 Edinborough provoking them all he could to Battel 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's and the faults of his Enemies had not reliev'd him for as he retir'd the Scots follow'd him close all the way till within a mile of Dunbar There is a ridge of Hills that from beyond Edinborough 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 if the Scots had sent timely thither a very few men to guard it the English could never have passed for the Scots kept the Hills and needed not have fought but upon great advantage and were almost two to one Cromwel'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 brag'd they had impoâ—â—ded er else to fight and
such a course and what hopes He had of Money Men Arms Fortified Places Shipping Council and Military Offices sufficient for such an Enterprize against the Parliament that had Men and Money as much at Command as the City of London and other Corporation Towns were able to furnish which was more than they needed And for the Men they should set forth for Soldiers they were almost all of them spightfully bent against the King and his whole Party whom they took to be either Papists or Flatterers of the King or that had design'd to raise their Fortunes by the Plunder of the City and other Corporation Towns and though I believe not that they were more valiant than other Men nor that they had so much Experience in the War as to be accounted good Soldiers yet they had that in them which in time of Battle is more conducing to Victory than Valor and Experience both together and that was Spight And for Arms they had in their hands the chief Magazines the Tower of London and Kingston upon Hull besides most of the Powder and Shot that lay in several Towns for the use of the Trained Bands Fortified places there were not many then in England and most of them in the hands of the Parliament The King's Fleet was wholly in their Command under the Earl of Warwick Counsellors they needed no more than such as were of their own Body so that the King was every way inferior to them except it were perhaps in Officers A. I cannot compare their chief Officers for the Parliament The Earl of Essex after the Parliament had Voted the War was made General of all their Forces both in England and Ireland from whom all other Commanders were to receive their Commissions B. What moved them to make the Earl of Essex General And for what cause was the Earl of Essex so displeased with the King as to accept that Office A. I do not certainly know what to answer to either of those Questions but the Earl of Essex had been in the Wars abroad and wanted neither Experience Judgment nor Courage to perform such an undertaking and besides that you have heard I believe how great a Darling of the People his Father had been before him and what Honour he gad gotten by the success of his Enterprize upon Cales and in some other Military Actions To which I may add That this Earl himself was not held by the People to be so great a Favourite at Court as that they might not trust him with their Army against the King and by this you may perhaps conjecture the cause for which the Parliament made choice of him for General B. But why did they think him discontented with the Court A. I know not that nor indeed that he was so he came to Court as other Noblemen did when occasion was to wait upon the King but had no Office till a little before this time to oblige him to be there continually but I believe verily that the unfortunateness of his Marriage had so discountenanced his Conversation with Ladies that the Court could not be his proper Element unless he had had some extraordinary favour there to balance that calamity For particular discontent from the King or intention of revenge for any supposed disgrace I think he had none nor that he was any ways addicted to Presbyterian Doctrines or other Phanatic Tenets in Church or State saving only that he was carried away with the stream in a manner of the whole Nation to think that England was not an absolute but a mixt Monarchy not considering that the Supreme Power must always be absolute whether it be in the King or in the Parliament B. Who was General of the King's Army A. None yet but Himself nor indeed had He yet any Army but there coming to him at that time two Nephews the Princes Rupert and Maurice He put the Command of His Horse into the hands of Prince Rupert a man than whom no man living has a better courage nor was more active and diligent in prosecuting his Commission and though but a young man then was not without experience in the conducting of Soldiers as having been an Actor in part of his Father's Wars in Germany B. But how could the King find Money to pay such an Army as was necessary for Him against the Parliament A. Neither the King nor Parliament had much Money at that time in their own hands but were fain to rely upon the Benevolence of those that took their parts wherein I confess the Parliament had a mighty great advantage Those that helped the King in that kind were only Lords and Gentlemen which not approving the proceedings of the Parliament were willing to undertake the payment every one of a certain number of Horse which cannot be thought any very great assistance the persons that paid them being so few for other Moneys that the King then had I have not heard of any but what he borrow'd upon Jewels in the Low-Countries whereas the Parliament had a very plentiful Contribution not only from London but generally from their Faction in all other places of England upon certain Propositions published by the Lords and Commons in June 1642. at which time they had newly Voted That the King intended to make War upon them for bringing in of Money or Plate to maintain Horse and Horse-men and to buy Arms for the preservation of the public Peace and for the defence of the King and both Houses of Parliament for the Repaying of which Money and Plate they were to have the Public Faith B. What Public Faith is there when there is no Public What is it that can be call'd Public in a Civil War without the King A. The truth is the Security was nothing worth but serv'd well enough to gull those seditious Blockheads that were more fond of change than either of their peace or profit having by this means gotten Contributions from those that were the well-affected to their Cause they made use of it afterwards to force the like Contribution from others for in November following they made an Ordinance for Assessing also of those that had not contributed then or had contributed but not proportionably to their Estates And yet this was contrary to what the Parliament promised and declared in the Propositions themselves for they declared in the first Proposition That no man's Affection should be measured by the proportion of his Offer so that he expressed his good will to the Service in any proportion whatsoever Besides this in the beginning of March following they made an Ordinance to Levy weekly a great Sum of Money upon every County City Town Place and Person of any Estate almost in England which weekly Sum as may appear by the Ordinance it self printed and published in March 1642 by Order of both Houses comes to almost 33000 l. and consequently to above 1700000 l. for the year They had besides all this the profits of the King's Lands