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 used 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 used in these Controversies of Law and Politicks were such if I have not been misinformed as having been Members of this Parliament had declaimed against Ship-Money and other Extraparliamentary 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 the persons to give you or any man else occasion to esteem them the less now that the faults on all sides have been forgiven B. When the business was brought to this height by Levying of Soldiers and seizing of the Navy and 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 dissolved 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 strengthening 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 of this Bill for the continuing of the Parliament as long as the two Houses pleased But now that the War was resolved on on both sides what needed any more dispute in writing 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 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 before 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 at 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 prejudged which they call Presidents and made them think so well of their own knowledge in the Law that they were very glad of this occasion to shew it against the King and thereby to gain a Reputation with the Parliament of being good Patriots and wise States-men B. What was this Commission of Array A. King William the Conqueror had gotten into his hands by Victory all the Land in England of which he disposed some part as Forests and Chases for his 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 now come to the Military part 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
Christendome will be subject to these fits of Rebellion as long as the World lasteth A. Like enough and yet the fault as I have said may be easily mended by mending the Universities B. How long had the Parliament now sitten A. It began November the third 1640. My Lord of Strafford was impeached of Treason before the Lords November the 12 th sent to the Tower November the 22 d his Tryal began March the 22 d and ended April the 13 th After his Tryal he was voted guilty of High Treason in the House of Commons and after that in the House of Lords May the 6 th and on the 12 th of May beheaded B. Great Expedition but could not the King for all that have saved him by a Pardon A. The King had heard all that passed at his Tryal and had declared he was unsatisfied concerning the Justice of their Sentence and I think notwithstanding the danger of his own Person from the fury of the People and that he was counsel'd to give way to his Execution not only by such as he most relied on but also by the Earl of Strafford himself he would have pardoned him if that could have preserved him against the Tumult raised and countenanced by the Parliament it self for the terrifying of those they thought might favour him and yet the King himself did not stick to confess afterwards that he had done amiss in that he did not rescue him B. 'T was an Argument of good Disposition in the King but I never read that Augustus Caesar acknowledged that he had done a fault in abandoning Cicero to the fury of his Enemy Antonius Perhaps because Cicero having been of the contrary Faction to his Father had done Augustus no service at all out of favour to him but only out of enmity to Antonius and out of love to the Senate that is indeed out of love to himself that swayed the Senate as it is very likely the Earl of Strafford came over to the King's Party for his own ends having been so much against the King in former Parliaments A. We cannot safely judge of mens Intentions but I have observed often that such as seek preferment by their stubbornness have miss'd of their aim and on the other side that those Princes that with preferment are forced to buy the obedience of their Subjects are already or must be soon after in a very weak condition for in a Market where Honour and Power is to be bought with stubbornness there will be a great many as able to buy as my Lord Strafford was B. You have read that when Hercules fighting with the Hydra had cut off any one of his many heads there still arose two other heads in its place and yet at last he cut them off all A. The Story is told false for Hercules at first did not cut off those heads but bought them off and afterwards when he saw it did him no good then he cut them off and got the Victory B. What did they next A. After the first Impeachment of the Earl of Strafford the House of Commons upon December the 18 th accused the Arch-bishop of Canterbury also of High Treason that is of Design to introduce Arbitrary Government c. for which he was February the 18 th sent to the Tower but his Trial and Execution were deferr'd a long time till January the 10 th 1643. for the Entertainment of the Scots that were come into England to aid the Parliament B. Why did the Scots think there was so much danger in the Arch-bishop of Canterbury He was not a Man of War nor a Man able to bring an Army into the Field but he was perhaps a very great Politician A. That did not appear by any remarkable event of his Counsels I never heard but he was a very honest man for his Morals and a very zealous promoter of the Church-Government by Bishops and that desired to have the Service of God performed and the House of God adorned as suitably as was possible to the Honour we ought to do to the Divine Majesty But to bring as he did into the State his former Controversies I mean his squablings in the University about Free-will and his standing upon Punctilio's concerning the Service-Book and its Rubricks was not in my opinion an Argument of his sufficiency in Affairs of State About the same time they passed an Act which the King consented to for a Triennial Parliament wherein was Enacted That after the present Parliament there should be a Parliament called by the King within the space of three years and so from three years to three years to meet at Westminster upon a certain day named in the Act. B. But what if the King did not call it finding it perhaps inconvenient or hurtful to the safety or peace of his People which God hath put into his charge For I do not well comprehend how any Sovereign can well keep a People in order when his Hands are tied or when he hath any other obligation upon him than the benefit of those he governs and at this time for any thing you have told me they acknowledged the King for their Sovereign A. I know not but such was the Act. And it was farther Enacted That if the King did it not by his own Command then the Lord Chancellor or the Lord Keeper for the time being should send out the Writs of Summons and if the Chancellor refused then the Sheriffs of the several Counties should of themselves in their next county-County-Courts before the day set down for the Parliaments meeting proceed to the Election of the Members for the said Parliament B. But what if the Sheriffs refus'd A. I think they were to be sworn to it but for that and other particulars I refer you to the Act. B. To whom should they be sworn when there is no Parliament A. No doubt but to the King whether there be a Parliament sitting or no. B. Then the King may release them of their Oath A. Besides they obtained of the King the putting down the Star-Chamber and the high-commission-High-Commission-Courts B. Besides if the King upon the refusal should fall upon them in anger who shall the Parliament not sitting protect either the Chancellor or the Sheriffs in their disobedience A. I pray you do not ask me any reason of such things I understand no better than you I tell you only an Act passed to that purpose and was signed by the King in the middle of February a little before the Arch-bishop was sent to the Tower Besides this Bill the two Houses of Parliament agreed upon another wherein it was Enacted That the present Parliament should continue till both the Houses did consent to the Dissolution of it which Bill also the King signed the same day he signed the Warrant for the Execution of the Earl of Strafford B. What a great Progress made the Parliament towards the ends of the most seditious Members of both Houses in so little time
the House nevertheless hearing of it from some of his Fellow-Members may certainly not only take notice of it but also speak to it in the House of Commons but to make the King give up his Friends and Councellors to them to be put to death banishment or imprisonment for their good will to him was such a Tyranny over a King no King ever exercised over any Subject but in Cases of Treason or Murder and seldom then A. Presently hereupon began a kind of War between the Pens of the Parliament and those of the Secretaries and other able men that were with the King For upon the 15 th of December they sent to the King a Paper called A Remonstrance of the State of the Kingdom and with it a Petition both which they caused to be published In the Remonstrance they complained of certain mischievous Designs of a Malignant Party then before the beginning of the Parliament grown ripe and did set forth what means had been used for the preventing of it by the wisdom of the Parliament what rubs they had found therein what course was fit to be taken for restoring and establishing the Ancient Honour Greatness and Safety of the Crown and Nation 1 st And of these Designs the Promoters and Actors were they said Jesuited Papists 2 ly The Bishops and that part of the Clergy that cherish formality as a support of their own Ecclesiastical Tyranny and Usurpation 3 ly Councellors and Courtiers that for private ends they said had engaged themselves to farther the Interests of some Forreign Princes B. It may very well be that some of the Bishops and also some of the Court may have in pursuit of their private Interest done something indiscreetly and perhaps wickedly therefore I pray you tell me in particular what their crimes were for methinks the King should not have conniv'd at any thing against his own Supream Authority A. The Parliament were not very keen against them that were against the King they made no doubt but all they did was by the King's Command but accus'd thereof the Bishops Councellors and Courtiers as being a more mannerly way of accusing the King himself and defaming him to his Subjects For the truth is the Charge they brought against them was so general as not to be called an Accusation but Railing As first they said they nourished Questions of Prerogative and Liberty between the King and his People to the end that seeming much addicted to his Majesties Service they might get themselves into Places of greatest Trust and Power in the Kingdom B. How could this be called an Accusation in which there is no Fact for any Accusers to apply their Proofs to or their Witnesses for granting that these Questions of Prerogative had been moved by them who can prove that their end was to gain to themselves and Friends the Places of Trust and Power in the Kingdom A. A second Accusation was That they endeavoured to suppress the purity and power of Religion B. That 's Canting it is not in man's power to suppress the power of Religion A. They meant that they suppress the Doctrine of the Presbyterians that is to say the very foundation of the then Parliaments treacherous pretensions A third That they cherished Arminians Papists and Libertines by which they meant the common Protestants which meddle not with Disputes to the end they might compose a Body fit to act according to their Counsels and Resolutions A Fourth That they endeavoured to put the King upon other courses of raising Money than by the ordinary way of Parliaments Judge whether these may be properly called Accusations or not rather spiteful Reproaches of the King's Government B. Methinks this last was a very great fault for what good could there be in putting the King upon an odd course of getting Money when the Parliament was willing to supply him as far as to the security of the Kingdom or to the Honour of the King should be necessary A. But I told you before they would give him none but with a condition he should cut off the Heads of whom they pleas'd how faithfully soever they had serv'd him and if he would have sacrificed all his Friends to their Ambition yet they would have found other excuses for denying him Subsidies for they were resolv'd to take from him the Sovereign Power to themselves which they could never do without taking great care that he should have no Money at all In the next place they put into the Remonstrance as faults of them whose Counsel the King followed all those things which since the beginning of the King's Reign were by them misliked whether faults or not and whereof they were not able to judge for want of knowledge of the Causes and Motives that induced the King to do them and were known only to the King himself and such of his Privy-Council as he revealed them to B. But what were those particular pretended faults A. 1. The Dissolution of his first Parliament at Oxford 2. The Dissolution of his second Parliament being in the second year of his Reign 3. The Dissolution of his Parliament in the fourth year of his Reign 4. The fruitless Expedition against Cales 5. The Peace made with Spain whereby the Palatines Cause was deserted and left to chargeable and hopeless Treaties 6. The sending of Commissions to raise Money by way of Loan 7. Raising of Ship-Money 8. Enlargement of Forrests contrary to Magna Charta 9. The Design of engrossing all the Gunpowder into one hand and keeping it in the Tower of London 10. A Design to bring in the use of Brass Money 11. The Fines Imprisonments Stigmatizings Mutilations Whippings Pillories Gags Confinements and Banishments by Sentence in the Court of Star-Chamber 12. The displacing of Judges 13. Illegal Acts of the Council-Table 14. The Arbitrary and Illegal Power of the Earl Marshal's Court. 15. The abuses in Chancery Exchequer Chamber and Court of Wards 16. The selling of Titles of Honour of Judges and Serjeants Places and other Offices 17. The Insolence of Bishops and other Clerks in Suspensions Excommunications Deprivations and Degradations of divers painful and learned and pious Ministers B. Were there any such Ministers degraded deprived or excommunicated A. I cannot tell but I remember I have heard threatned divers painful unlearned and seditious Ministers 18. The Excess of severity of the High-Commission Court 19. The Preaching before the King against the Property of the Subject and for the Prerogative of the King above the Law and divers other petty quarrels they had to the Government which though they were laid upon this Faction yet they knew they would fall upon the King himself in the Judgment of the People to whom by printing it was communicated Again after the Dissolution of the Parliament May the 5 th 1640. they find other faults as the Dissolution it self The Imprisoning some Members of both Houses A forced Loan of Money attempted in London The Continuance of the Convocation
for the securing them from all Dangers or Jealousies of any 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 named 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 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 named 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 Money for the reducing of Ireland the Parliament invited men to bring in Money by way of Adventure according to these Propositions 1. That two millions and five hundred thousand Acres of Land in Ireland should be assigned to the Adventurers in this proportion  l.  For an Adventure of 200 1000 Acres in Vlster 300 1000 Acres in Conaught 450 1000 Acres in Munster 600 1000 Acres in Lemster All according to English measure and consisting of Meadow Arable and profitable Pasture Bogs Woods and barren Mountains being cast in over and above 2. A Revenue was reserved to the Crown from 1 d. to 3 d. on every Acre 3. That Commissions should be sent by the Parliament to erect Mannors settle Wasts and Commons maintain preaching Ministers to create Corporations and to regulate Plantations The rest of the Propositions concern only the times and manner of payment of the Sums subscribed by the Adventurers And to these Propositions his Majesty assented but to the Petition of the Militia his Majesty denied his Assent B. If he had not I should have thought it a great wonder What did the Parliament after this A. They sent him another Petition which was presented to him when he was at Theobalds in his way to York wherein they tell him plainly That unless he be pleased to assure them by those Messengers then sent that he would speedily apply his Royal Assent to the satisfaction of their former desires they shall be enforced for the safety of his Majesty and his Kingdoms to dispose of the Militia by the Authority of both Houses c. They petition his Majesty also to let the Prince stay at St. James's or some other of his Majesties Houses near London They tell him also that the power of raising ordering and disposing of the Militia cannot be granted to any Corporation without the Authority and Consent of Parliament and that those parts of the Kingdom which have put themselves into a posture of defence have done nothing therein but by direction of both Houses and what is justifiable by the Laws of this Kingdom B. What answer made the King to this A. It was a putting of themselves into Arms and under Officers such as the Parliament should approve of 4. They Voted That his Majesty should be again desired that the Prince might continue about London Lastly They Voted a Declaration to be sent to his Majesty by both the Houses wherein they accuse his Majesty of a Design of altering Religion though not directly him but them that counsel'd him whom they also accused of being the Inviters and Fomenters of the Scotch War and Framers of the Rebellion in Ireland and upbraid the King again for accusing the Lord Kimbolton and the five Members and of being privy to the purpose of bringing up his Army which was raised against the Scots to be employed against the Parliament To which his Majesty sent his Answer from Newmarket Whereupon it was resolved by both Houses that in this Case of extream Danger and of his Majesties refusal the Ordinance agreed upon by both Houses for the Militia doth oblige the People by the fundamental Laws of this Kingdom and also that whosoever shall execute any power over the Militia by colour of any Commission of Lieutenancy without consent of both Houses of Parliament shall be accounted a Disturber of the peace of the Kingdom Whereupon his Majesty sent a Message to both Houses from Huntington requiring obedience to the Laws established and prohibiting all Subjects upon pretence of their Ordinance to execute any thing concerning the Militia which is not by those Laws warranted Upon this the Parliament vote a standing to their former Votes as also that when the Lords and Commons in Parliament which is the Supream Court of Judicature in the Kingdom shall declare what the Law of the Land is to have this not only question'd but contradicted is a high breach of the Priviledge of Parliament B. I thought that he that makes the Law ought to declare what the Law is for what is it else to make a Law but to declare what it is So that they have taken from the King not only the Militia but also the Legislative Power A. They have so but I make account that the Legislative Power and indeed all power possible is contained in the power of the Militia After this they seize such Money as was due to his Majesty upon the Bill of Tonnage and Poundage and upon the Bill of Subsidies that they might disable him every way they possibly could They sent him also many other contumelious Messages and Petitions after his coming to York amongst which one was That whereas the Lord Admiral by indisposition of Body could not command the Fleet in person he would be pleased to give Authority to the Earl of Warwick to supply his place when they knew the King had put Sir John Pennington in it before B. To what end did the King entertain so many Petitions Messages Declarations and Remonstrances and vouchsafe his Answers to them when he could not choose but clearly see they were resolv'd to take from him his Royal Power and consequently his Life For it could not stand with their safety to let either him or his Issue live after they had done him so great Injuries A. Besides this the Parliament had at the same time a Committee residing at York to spy what his Majesty did and to inform the Parliament thereof and also to hinder the King from gaining the People of that County to his Party So that when his Majesty
Cromwel after he had gotten into his own hands the absolute power of England Scotland and Ireland by the Name of Protector did never dare to take upon him the Title of King nor was ever able to settle it upon his Children His Officers would not suffer it as pretending after his death to succeed him nor would the Army consent to it because he had ever declared to them against the Government of a single person B. But to return to the King What Means had he to pay What Provision had he to Arm nay Means to Levy an Army able to resist the Army of the Parliament maintained by the great Purse of the City of London and Contributions of almost all the Towns Corporate in England and furnished with Arms as fully as they could require A. 'T is true the King had great disadvantages and yet by little and little he got a considerable Army with which he so prospered as to grow stronger every day and the Parliament weaker till they had gotten the Scotch with an Army of 21000 Men to come into England to their Assistance But to enter into the particular Narration of what was done in the War I have not now time B. Well then we will talk of that at next meeting Behemoth PART III. B. WE left at the Preparations on both sides for War which when I considered by my self I was mightily puzled to find out what possibility there was for the King to equal the Parliament in such a course and what hopes he had of Money Men Arms Fortified places Shipping Councel and Military Officers 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 designed 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 the Town of Kingston upon Hull besides most of the Powder and Shot that lay in several Towns for the use of the Train'd 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 Councellors 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 General the Earl of Essex 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 had 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 Favorite 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 the Court as other Noble-men 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 Marriages 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 ballance that Calamity but 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 Fanatick 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 Supream 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 his 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 Commissions 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 Fathers 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 payed them being so few For other Moneys that the King then had I have not heard of any but what he borrowed 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 what 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 publick Peace and for the defence of the
this end they spread a whisper through the Army that the Parliament now they had the King intended to disband them to cheat them of their Arrears and to send them into Ireland to be destroyed by the Irish. The Army being herewith enraged were taught by Ireton to erect a Councel amongst themselves of two Soldiers out of every Troop and every Company to Consult for the good of the Army and to assist at the Councel of War and to advise for the Peace and safety of the Kingdom These were called Adjutators so that whatsoever Cromwel would have to be done he needed nothing to make them do it but secretly to put it into the head of these Adjutators The effect of the first Consultation was to take the King from Holmeby and to bring him to the Army The General hereupon by Letter to the Parliament excuses himself and Cromwel and the Body of the Army as ignorant of the Fact and that the King came away willingly with those Soldiers that brought him assuring them withal that the whole Army intended nothing but Peace nor opposed Presbytery nor affected Independency nor did hold any licentious freedom in Religion B. 'T is strange that Sir Thomas Fairfax could be so abused by Cromwel as to believe this which he himself here writes A. I cannot believe that Cornet Joyce could go out of the Army with 1000 Soldiers to fetch the King and neither the General nor the Lieutenant General nor the Body of the Army take notice of it And that the King went willingly appears to be false by a Message sent on purpose from his Majesty to the Parliament B. Here is Perfidie upon Perfidie first the Perfidie of the Parliament against the King and then the Perfidie of the Army against the Parliament A. This was the first trick Cromwel plaid whereby he thought himself to have gotten so great an advantage that he said openly That he had the Parliament in his Pocket as indeed he had and the City too for upon the news of it they were both the one and the other in very great disorder and the more because there came with it a Rumor that the Army was marching up to London The King in the mean time till his Residence was setled at hampton-Hampton-Court was carried from place to place not without some ostentation but with much more liberty and with more respect shewn him by far than when he was in the Hands of the Parliaments Commissioners for his own Chaplains were allowed him and his Children and some Friends permitted to see him Besides that he was much complemented by Cromwel who promised him in a serious and seeming passionate manner to restore him to his Right against the Parliament B. How was he sure he could do that A. He was not sure but he was resolved to march up to the City and Parliament to set up the King again and be the second Man unless in the attempt he found better hope than yet he had to make himself the first Man by dispossessing the King B. What assistance against the Parliament and the City could Cromwel expect from the King A. By declaring directly for him he might have had all the King's Party which were many more now since his misfortune than ever they were before For in the Parliament it self there were many that had discovered the Hypocrisie and private Aims of their Fellows Many were converted to their Duty by their own Natural Reason and their Compassion for the King's Sufferings had begot generally an Indignation against the Parliament so that if they had been by the Protection of the present Army brought together and embodied Cromwel might have done what he had pleas'd in the first place for the King and in the second for himself but it seems he meant first to try what he could do without the King and if that proved enough to rid his hands of him B. What did the Parliament and City do to oppose the Army A. First the Parliament sent to the General to re-deliver the King to their Commissioners In stead of an Answer to this the Army sent Articles to the Parliament and with them a charge against eleven of their Members all of them active Presbyterians of which Articles these are some 1. That the House may be purged of those who by the self-denying Ordinance ought not to be there 2. That such as abused and endangered the Kingdom might be disabled to do the like hereafter 3. That a day might be appointed to determine this Parliament 4. That they would make an Accompt to the Kingdom of the vast Sums of Money they had received 5. That the eleven Members might presently be suspended sitting in the House These were the Articles that put them to their Trumps and they answered none of them but that of the suspension of the eleven Members which they said they could not do by Law till the Particulars of the Charge were produced but this was soon answer'd with their own proceeding against the Arch-Bishop of Canterbury and the Earl of Strafford The Parliament being thus somewhat awed and the King made somewhat confident he undertakes the City requiring the Parliament to put the Militia of London into other hands B. What other hands I do not well understand you A. I told you that the Militia of London was on the fourth of May put into the hands of the Lord-Major and other Citizens and soon after put into the hands of other men more favourable to the Army and now I am to tell you that on July the 26 th the violence of certain Apprentices and disbanded Soldiers forced the Parliament to re-settle it as it was in the Citizens and hereupon the two Speakers and divers of the Members ran away to the Army where they were invited and contented to sit and vote in the Councel of War in nature of a Parliament and out of these Citizens hands they would have the Militia taken away and put again into those hands out of which it was taken the 26 th of July B. What said the City to this A. The Londoners manned their Works viz. the Line of Communication raised an Army of valiant Men within the Line chose good Officers all being desirous to go out and fight whensoever the City should give them Order and in that posture stood expecting the Enemy The Soldiers in the mean time enter into an Engagement to live and die with Sir Tho. Fairfax and the Parliament and the Army B. That 's very fine They imitate that which the Parliament did when they first took up Arms against the King stiling themselves the King and Parliament maintaining that the King was always virtually in his Parliament So the Army now making War against the Parliament called themselves the Parliament and the Army but they might with more reason say that the Parliament since it was in Cromwel's Pocket was virtually in the Army A. Withal they send out a Declaration of the Grounds of their
they require first That the King be brought to Justice 2. That the Prince and Duke of York be summoned to appear at a day appointed and proceeded with according as they should give satisfaction 3. That the Parliament settle the Peace and future Government and set a reasonable period to their own sitting and make certain future Parliaments Annual or Biennial 4. That a competent number of the King 's Chief Instruments be executed And this to be done both by the House of Commons and by a general Agreement of the People testified by their Subscriptions Nor did they stay for an Answer but presently set a Guard of Soldiers at the Parliament-house-door and other Soldiers in Westminster-Hall suffering none to go into the House but such as would serve their turns All others were frighted away or made Prisoners and some upon divers quarrels suspended Above 90 of them because they had refused to vote against the Scots and others because they had voted against the Vote of Non-Addresses and the rest were an House for Cromwel The Fanaticks also in the City being countenanced by the Army pack a new Common Councel whereof any forty was to be above the Major and their first work was to frame a Petition for Justice against the King which Tichborne the Major involving the City in the Regicide delivered to the Parliament At the same time with the like violence they took the King from Newport in the Isle of Wight to Hurst Castle till things were ready for his Trial. The Parliament in the mean time to avoid perjury by an Ordinance declared void the Oaths of Supremacy and Allegiance and presently after made another to bring the King to his Trial. B. This is a piece of Law that I understood not before that when many Men swear singly they may when they are assembled if they please absolve themselves A. The Ordinance being drawn up was brought into the House where after three several Readings it was voted That the Lords and Commons of England assembled in Parliament do declare That by the fundamental Laws of the Realm it is Treason in the King of England to Levy War against the Parliament And this Vote was sent up to the Lords and they denying their consent the Commons in anger made another Vote That all Members of Committees should proceed and act in any Ordinance whether the Lords concurred or no and that the People under God are the original of all just Power and that the House of Commons have the Supream Power of the Nation and that whatsoever the House of Commons enacteth is Law All this passed nemine contradicente B. These Propositions fight not only against a King of England but against all the Kings of the World It were good they thought on 't but yet I believe under God the original of all Laws was in the People A. But the People for them and their Heirs by consent and Oaths have long ago put the Supream Power of the Nation into the hands of their Kings for them and their Heirs and consequently into the hands of this King their known and lawful Heir B. But does not the Parliament represent the People A. Yes to some purposes as to put up Petitions to the King when they have leave and are grieved but not to make a Grievance of the King's Power Besides the Parliament never represents the People but when the King calls them nor is it to be imagin'd that he calls a Parliament to depose himself Put the Case every County and Burrough should have given this Parliament for a Benevolence a Sum of Money and that every County meeting in their county-County-Court or elsewhere and every Burrough in their Town-Hall should have chosen certain men to carry their several Sums respectively to the Parliament Had not these men represented the whole Nation B. Yes no doubt A. Do you think the Parliament would have thought it reasonable to be called to account by this Representative B. No sure and yet I must confess the Case is the same A. This Ordinance contained first a Summary of the Charge against the King in substance this That not content with the Encroachments of his Predecessors upon the freedom of the People he had designed to set up a Tyrannical Government and to that end had raised and maintained in the Land a Civil War against the Parliament whereby the Country hath been miserably wasted the publick Treasure exhausted thousands of people murdered and infinite other mischiefs committed Secondly A Constitution passed of a High Court of Justice that is of a certain number of Commissioners of whom any 20 had Power to try the King and to proceed to Sentence according to the merit of the Cause and see it speedily executed The Commissioners met on Saturday Jan. 20 th in Westminster-Hall and the King was brought before them where sitting in a Chair he heard the Charge read but denied to plead to it either Guilty or Not Guilty till he should know by what Lawful Authority he was brought thither The President told him That the Parliament affirmed their own Authority and the King persevered in his refusal to plead though many words passed between him and the President yet this was the substance of it all On Monday January 22 the Court met again and the Solicitor moved that if the King persisted in denying the Authority of the Court the Charge might be taken pro confesso but the King still denied their Authority They met again January 23 and then the Solicitor moved the Court for Judgment whereupon the King was requir'd to give his final Answer which was again a denial of their Authority Lastly They met again January 27 where the King desir'd to be heard before the Lords and Commons in the Painted Chamber and promising after that to abide the Judgment of the Court The Commissioners retir'd for half an hour to consider of it and then returning caused the King to be brought again to the Bar and told him that what he proposed was but another denial of the Courts Jurisdiction and that if he had no more to say they would proceed Then the King answering that he had no more to say the President began a long Speech in Justification of the Parliaments Proceedings producing the Examples of many Kings killed or deposed by wicked Parliaments Ancient and Modern in England Scotland and other parts of the World All which he endeavoured to justifie from this only Principle That the People have the Supream Power and the Parliament is the People This Speech ended the Sentence of death was read and the same upon Tuesday after January 30 executed at the Gate of his own Palace of White-hall He that can delight in reading how villainously he was used by the Soldiers between the Sentence and Execution may go to the Chronicle it self in which he shall see what Courage Patience Wisdom and Goodness was in this Prince whom in their Charge the Members of that wicked Parliament
in defence of the Civil Power that must be punish'd by him whose Rights he defended like Vzza that was slain because he would needs unbidden put forth his Hand to keep the Ark from falling But what if a whole Nation should revolt from the Pope at once what effect could Excommunication have upon the Nation A. Why they should have no more Mass said at least by any of the Popes Priests Besides the Pope would have no more to do with them but cast them off and so they would be in the same Case as if a Nation should be cast off by their King and left to be governed by themselves or whom they would B. This would not be taken so much for a punishment to the People as to the King and therefore when a Pope Excommunicates a whole Nation methinks he rather Excommunicates himself than them But I pray you tell me what were the Rights that the Pope pretended to in the Kingdoms of other Princes A. First An Exemption of all Priests Friars and Monks in Criminal Causes from the Cognizance of Civil Judges Secondly Collation of Benefices on whom he pleased Native or Stranger and exaction of Tenths First Fruits and other Payments Thirdly Appeals to Rome in all Causes where the Church could pretend to be concern'd Fourthly To be the Supream Judge concerning Lawfulness of Marriage i. e. concerning the Hereditary Succession of Kings and to have the Cognisance of all Causes concerning Adultery and Fornication B. Good A Monopoly of Women A. Fifthly A Power of absolving Subjects of their Duties and of their Oaths of Fidelity to their lawful Sovereigns when the Pope should think fit for the extirpation of Heresie B. This Power of absolving Subjects of their Obedience as also that other of being Judge of Manners and Doctrine is as absolute a Sovereignty as is possible to be and consequently there must be two Kingdoms in one and the same Nation and no Man be able to know which of his Masters he must obey A. For my part I should rather obey that Master that had the Right of making Laws and of inflicting Punishments than him that pretendeth only to a Right of making Canons that is to say Rules and no Right of Co-action or otherwise punishing but by Excommunication B. But the Pope pretends also that his Canons are Laws and for punishing can there be greater than Excommunication supposing it true as the Pope saith it is that he that dies Excommunicate is damn'd Which supposition it seems you believe not else you would rather have chosen to obey the Pope that would cast you Body and Soul into Hell than the King that can only kill the Body A. You say true for it were very uncharitable in me to believe that all English men except a few Papists that have been born and called Hereticks ever since the Reformation of Religion in England should be damn'd B. But for those that die Excommunicate in the Church of England at this day do you not think them also damn'd A. Doubtless he that dies in sin without repentance is damn'd and he that is Excommunicate for disobedience to the Kings Laws either Spiritual or Temporal is Excommunicate for sin and therefore if he die Excommunicate and without desire of reconciliation he dies impenitent You see what follows but to die in disobedience to the Precepts and Doctrines of those Men that have no Authority or Jurisdiction over us is quite another Case and bringeth no such danger with it B. But what is this Heresie which the Church of Rome so cruelly persecutes as to depose Kings that do not when they are bidden turn all Hereticks out of their Dominions A. Heresie is a word which when it is used without passion signifies a private Opinion So the different Sects of the old Philosophers Academians Peripateticks Epicureans Stoicks c. were called Heresies but in the Christian Church there was in the signification of that word comprehended a sinful opposition to him that was chief Judge of Doctrines in order to the salvation of Mens Souls and consequently Heresie may be said to bear the same relation to the Power Spiritual that Rebellion doth to the Power Temporal and is suitably to be persecuted by him that will preserve a Power Spiritual and Dominion over Mens Consciences B. It would be very well because we are all of us permitted to read the Holy Scriptures and bound to make them the Rule of our Actions both publick and private that Heresie were by some Law defined and the particular Opinions set forth for which a man were to be condemned and punished as a Heretick for else not only Men of mean capacity but even the wisest and devoutest Christian may fall into Heresie without any will to oppose the Church for the Scriptures are hard and the Interpretations different of different men A. The meaning of the word Heresie is by Law declared in an Act of Parliament in the first year of Queen Elizabeth wherein it is ordain'd That the persons who had by the Queens Letters Patents the Authority Spiritual meaning the High Commission shall not have Authority to adjudge any Matter or Cause to be Heresie but only such as heretofore have been adjudged to be Heresie by the Authority of the Canonical Scriptures or by the first four General Councils or by any other General Council where the same was declared Heresie by the express and plain words of the said Canonical Scriptures or such as hereafter shall be adjudged Heresie by the High Court of Parliament of this Realm with the Assent of the Clergy in their Convocation B. It seems therefore if there arise any new error that hath not yet been declared Heresie and many such may arise it cannot be judged Heresie without a Parliament for how foul soever the error be it cannot have been declar'd Heresie neither in the Scriptures nor in the Councils because it was never before heard of and consequently there can be no error unless it fall within the compass of Blasphemy against God or Treason against the King for which a man can in Equity be punished Besides who can tell what is declared by the Scripture which every man is allowed to read and interpret to himself Nay more what Protestant either of the Laity or Clergy if every General Council can be a competent Judge of Heresie is not already condemned for divers Councils have declared a great many of our Doctrines to be Heresie and that as they pretend upon the Authority of the Scriptures A. What are those Points that the first four General Councils have declared Heresie B. The first General Council held at Nicaea declared all to be Heresie which was contrary to the Nicene Creed upon occasion of the Heresie of Arrius which was the denying the Divinity of Christ. The second General Council held at Constantinople declared Heresie the Doctrine of Macedonius which was that the Holy Ghost was created The third Council assembled at Ephesus condemned the
shall approve of that the Servants then about them against whom the Houses have just exception should be removed 5. That no Marriage be concluded or treated of for any of the King's Children without consent of Parliament 6. That the Laws in force against Jesuits Priests and Popish Recusants be strictly put in execution 7. That the Votes of Popish Lords in the House of Peers be taken away and that a Bill be passed for the education of the Children of Papists in the Protestant Religion 8. That the King will be pleased to reform the Church-Government and Lyturgy in such manner as both Houses of Parliament shall advise 9. That he would be pleased to rest satisfied with that Course that the Lords and Commons have appointed for ordering the Militia and recall his Declarations and Proclamations against it 10. That such Members as have been put out of any Place or Office since this Parliament began may be restored or have satisfaction 11. That all Privy-Councellors and Judges take an Oath the form whereof shall be agreed on and setled by Act of Parliament for the maintaining the Petition of Right and of certain Statutes made by the Parliament 12. That all the Judges and Officers placed by Approbation of both Houses of Parliament may hold their places quam diu bene se gesserint 13. That the Justice of Parliament may pass upon all Delinquents whether they be within the Kingdom or fled out of it and that all persons cited by either House of Parliament may appear and abide the Censure of Parliament 14. That the General Pardon offered by his Majesty be granted with such Exceptions as shall be advised by both Houses of Parliament B. What a spiteful Article was this All the rest proceeded from Ambition which many times well-natur'd men are subject to but this proceeded from an inhumane and devilish cruelty A. 15. That the Forts and Castles be put under the Command of such persons as with the Approbation of the Parliament the King shall appoint 16. That the extraordinary Guards about the King be discharged and for the future none raised but according to the Law in case of actual Rebellion or Invasion B. Methinks these very Propositions sent to the King are an actual Rebellion A. 17. That his Majesty enter into a more strict Alliance with the United Provinces and other Neighbour Protestant Princes and States 18. That his Majesty be pleased by Act of Parliament to clear the Lord Kimbolton and the five Members of the House of Commons in such manner as that future Parliaments may be secur'd from the consequence of that evil President 19. That his Majesty be pleased to pass a Bill for restraining Peers made hereafter from sitting or voting in Parliament unless they be admitted with consent of both Houses of Parliament These Propositions granted they promise to apply themselves to regulate his Majesties Revenue to his best advantage and to settle it to the support of his Royal Dignity in Honour and Plenty and also to put the Town of Hull into such Hands as his Majesty shall appoint with consent of Parliament B. Is not that to put it into such hands as his Majesty shall appoint by the consent of the Petitioners which is no more than to keep it in their hands as it is Did they want or think the King wanted common sense so as not to perceive that their promise herein was worth nothing A. After the sending of these Propositions to the King and his Majesties refusal to grant them they began on both sides to prepare for War The King raising a Guard for his Person in York-shire and the Parliament thereupon having Voted that the King intended to make War upon his Parliament gave order for the mustering and exercising the People in Arms and published Propositions to invite and incourage them to bring in either ready Money or Plate or to promise under their hands to furnish and maintain certain numbers of Horse Horse-men and Arms for the defence of the King and Parliament meaning by King as they had formerly declar'd not his Person but his Laws promising to repay their Money with Interest of 8 l. in the 100 l. and the value of their Plate with 12 d. the Ounce for the fashion On the other side the King came to Nottingham and there did set up his Standard Royal and sent out Commissions of Array to call those to him which by the Ancient Laws of England were bound to serve him in the Wars Upon this occasion there passed divers Declarations between the King and Parliament concerning the Legality of this Array which are too long to tell you at this time B. Nor do I desire to hear any Mooting about this Question for I think that general Law of Salus Populi and the Right of defending himself against those that had taken from him the Sovereign Power are sufficient to make legal whatsoever he should do in order to the recovery of his Kingdom or to the punishing of the Rebels A. In the mean time the Parliament raised an Army and made the Earl of Essex General thereof by which Act they declared what they meant formerly when they petition'd the King for a Guard to be commanded by the said Earl of Essex and now the King sends out his Proclamations forbidding obedience to the Orders of the Parliament concerning the Militia and the Parliament send out Orders against the Execution of the Commissions of Array Hitherto though it were a War before yet there was no Blood shed they shot at one another nothing but paper B. I understand now how the Parliament destroyed the Peace of the Kingdom and how easily by the help of seditious Presbyterian Ministers and of Ambitious Ignorant Orators they reduced this Government into Anarchy but I believe it will be a harder Task for them to bring in Peace again and settle the Government either in themselves or any other Governor or form of Government For granting that they obtained the Victory in this War they must be beholding for it to the Valor good Conduct or Felicity of those to whom they give the Command of their Armies especially to the General whose good success will without doubt draw with it the Love and Admiration of the Soldiers so that it will be in his power either to take the Government upon himself or to place it where himself thinks good In which case if he take it not to himself he will be thought a Fool and if he do he shall be sure to have the envy of his subordinate Commanders who look for a share either in the present Government or in the Succession to it for they will say has he obtain'd this power by his own without our Danger Valor and Counsel and must we be his Slaves whom we have thus raised Or is not there as much Justice on our side against him as was on his side against the King A They will and did in so much that the reason why
March towards London wherein they take upon them to be Judges of the Parliament and of who are fit to be trusted with the business of the Kingdom giving them the name not of the Parliament but of the Gentlemen at Westminster For since the violence they were under July the 26 th the Army denied them to be a Lawful Parliament At the same time they sent a Letter to the Major and Aldermen of London reproaching them with those late Tumults telling them they were Enemies to the Peace Treacherous to the Parliament unable to defend either the Parliament or themselves and demanded to have the City delivered into their hands to which purpose they said they were now coming to them The General also sent out his Warrants to the Counties adjacent summoning their Trained Soldiers to joyn with them B. Were the Trained Soldiers part of the General 's Army A. No nor at all in pay nor could be without an Order of Parliament But what might an Army do after it had mastered all the Laws of the Land The Army being come to Hounsloe-Heath distant from London but ten Miles the Court of Aldermen was called to consider what to do The Captains and Soldiers of the City were willing and well provided to go forth and give them battle but a Treacherous Officer that had charge of a Work on Southwerk side had let in within the Line a small Party of the Enemies who marched as far as to the Gate of London Bridge and then the Court of Aldermen their hearts failing them submitted on these conditions To relinquish their Militia To desert the eleven Members To deliver up the Forts and Line of Communication together with the Tower of London and all Magazines and Arms therein to the Army To disband their Forces and turn out all the Reformadoes i. e. all Essex's old Soldiers To draw off their Guards from the Parliament all which was done and the Army marched triumphantly through the principal Streets of the City B. 'T is strange that the Major and Aldermen having such an Army should so quickly yield Might they not have resisted the Party of the Enemy at the Bridge with a Party of their own and the rest of the Enemies with the rest of their own A. I cannot judge of that but to me it would have been strange if they had done otherwise for I consider the most part of rich Subjects that have made themselves so by Craft and Trade as Men that never look upon any thing but their present profit and who to every thing not lying in that way are in a manner blind being amazed at the very thought of plundering If they had understood what vertue there is to preserve their Wealth in obedience to their Lawful Sovereign they would never have sided with the Parliament and so we had had no need of arming The Major and Aldermen therefore being assured by this submission to save their Goods and not sure of the same by resisting seem to me to have taken the wisest course nor was the Parliament less tame than the City for presently August the sixth the General brought the fugitive Speakers and Members to the House with a strong Guard of Soldiers and replaced the Speakers in their Chairs and for this they gave the General thanks not only there in the House but appointed also a day for a Holy Thanksgiving and not long after made him Generalissimo of all the Forces of England and Constable of the Tower but in effect all this was the advancement of Cromwel for he was the usufructuary though the property were in Sir Thomas Fairfax For the Independents immediately cast down the whole Line of Communication divide the Militia of London Westminster and Southwark which were before united displaced such Governours of Towns and Forts as were not for their turn though placed there by Ordinance of Parliament in stead of whom they put in Men of their own Party They also made the Parliament to declare null all that had passed in the Houses from July the 26 th to August the sixth and clapt in prison some of the Lords and some of the most eminent Citizens whereof the Lord Major was one B. Cromwel had power enough now to restore the King Why did he not A. His main end was to set himself in his place The Restoring of the King was but a Reserve against the Parliament which being in his Pocket he had no more need of the King who was now an Impediment to him To keep him in the Army was a trouble To let him fall into the hands of the Presbyterians had been a stop to his hopes To murder him privately besides the horror of the Act now whilst he was no more than Lieutenant-General would have made him odious without farthering his Design There was nothing better for his purpose than to let him escape from hampton-Hampton-Court where he was too near the Parliament whither he pleased beyond Sea for though Cromwel had a great Party in the Parliament House whilst they saw not his ambition to be their Master yet they would have been his Enemies as soon as that had appeared To make the King attempt an escape some of those that had him in custody by Cromwel's direction told him that the Adjutators meant to murder him and withal caused a Rumor of the same to be generally spread to the end it might that way also come to the King's Ear as it did The King therefore in a dark and rainy night his Guards being retir'd as it was thought on purpose left Hampton-Court and went to the Sea-side about Southampton where a Vessel had been bespoken to transport him but failed so that the King was forced to trust himself with Collonel Hammond then Governour of the Isle of Wight expecting perhaps some kindness from him for Dr. Hammond's sake Brother to the Collonel and his Majesties much favour'd Chaplain but it prov'd otherwise for the Collonel sent to his Masters of the Parliament to receive their Orders concerning him This going into the Isle of Wight was not likely to be any part of Cromwel's Design who neither knew whither nor which way he would go nor had Hammond known any more than other men if the Ship had come to the appointed place in due time B. If the King had escap'd into France might not the French have assisted him with Forces to recover his Kingdom and so frustrated their Designs both of Cromwel and all the King 's other Enemies A. Yes much just as they assisted his Son our present most Gracious Sovereign who two years before fled thither out of Cornwal B. 'T is methinks no great Politie in Neighbouring Princes to favour so often as they do one anothers Rebels especially when they rebel against Monarchy it self They should rather first make a League against Rebellion and afterwards if there be no remedy fight one against another Nor will that serve the turn amongst Christian Sovereigns till preaching be better
they call the rational Soul is also wholly in the whole man and wholly in every part of the man What is this but to make the humane Soul the same thing in respect of mans Body that God is in respect of the World These his Lordship calls here rational men and some of them which applaud this Doctrine would have the High Court of Parliament corroborate such Doctrines with a Law I said in my Leviathan that it is no honourable attribute to God to say he is in a place because infinite is not confined within a place To which he replies T. H. his God is not wholly every where I confess the consequence For I understand in English he that says any thing to be all here means that neither all nor any of the same thing is else where He says further I take a Circumscriptive a Definitive and a Repletive being in a place to be Heathen Language Truly if this Dispute were at the Bar I should go near to crave the assistance of the Court lest some trick might be put upon me in such obscurity For though I know what these Latin words singly signifie yet I understand not how any thing is in a Place Definitively and not Circumscriptively For Definitively comes from definio which is to set bounds And therefore to be in a Place Definitively is when the bounds of the place are every way marked out But to be in a place Circumscriptively is when the bounds of the place are described round about To be in a Place Repletive is to fill a place Who does not see that this dictinction is Canting and Fraud If any man will call it Pious Fraud he is to prove the Piety as clearly as I have here explained the Fraud Besides no Fraud can be Pious in any man but him that hath a lawful Right to govern him whom he beguileth whom the Bishop pretends to govern I cannot tell Besides his Lordship ought to have considered that every Bishop is one of the Great Councel trusted by the King to give their advice with the Lords Temporal for the making of good Laws Civil and Ecclesiastical and not to offer them such obscure Doctrines as if because they are not versed in School-divinity therefore they had no Learning at all nor understood the English Tongue Why did the Divines of England contend so much heretofore to have the Bible translated into English if they never meant any but themselves should read it If a Lay-man be publickly encouraged to search the Scriptures for his own Salvation what has a Divine to do to impose upon him any strange interpretation unless if he make him err to Damnation he will be damned in his stead J. D. Our God is immutable without any shadow of turning by change to whom all things are present nothing past nothing to come But T. H. his God is measured by time losing somthing that is past and acquiring somthing that doth come every minute That is as much as to say That our God is infinite and his God is finite for unto that which is actually infinite nothing can be added neither time nor parts Hear himself Nor do I understand what derogation it can be to the divine perfection to attribute to it Potentiality that is in English Power so little doth he understand what Potentiality is and successive duration And he chargeth it upon us as a fault that will not have eternity to be an endless succession of time How successive duration and an endless succession of time in God Then God is infinite then God is elder to day than he was yesterday Away with Blasphemies Before he destroyed the Ubiquity of God and now he destroyeth his Eternity T. H. I shall omit both here and henceforth his preambulatory impertinent and uncivil calumnies The thing he pretends to prove is this That it is a derogation to the Divine Power to attribute to it Potentiality that is in English Power and Successive Duration One of his reasons is God is infinite and nothing can be added to infinite neither of time nor of parts It is true And therefore I said God is infinite and eternal without beginning or end either of Time or Place which he has not here confuted but confirmed He denies Potentiality and Power to be all one and says I little understand what Potentiality is He ought therefore in this place to have defined what Potenality is For I understand it to be the same with Potentia which is in English Power There is no such word as Potentiality in the Scriptures nor in any Author of the Latin Tongue It is found only in School-Divinity as a word of Art or rather as a word of Craft to amaze and puzzle the Laity And therefore I no sooner read than intepreted it In the next place he says as wondring How an endless succession of time in God! Why not Gods mercy endureth for ever and surely God endureth as long as his mercy therefore there is duration in God and consequently endless succession of time God who in sundry times and divers manners spake in time past c. But in a former dispute with me about Free-will he hath defined Eternity to be Nunc stans that is an ever standing now or everlasting instant This he thinks himself bound in honour to defend What reasonable soul can digest this We read in Scripture that a thousand years with God is but as yesterday And why but because he sees as clearly to the end of a thousand years as to the end of a day But his Lordship affirms That both a thousand years and a day are but one instant the same standing Now or Eternity If he had shewed an holy Text for this Doctrine or any Text of the Book of Common Prayer in the Scripture and Book of Common Prayer is contained all our Religion I had yielded to him but School-Divinity I value little or nothing at all Though in this he contradict also the School-men who say the Soul is eternal only à parte post but God is eternal both à parte post and à parte ante Thus there are parts in eternity and eternity being as his Lordship says the divine substance the divine substance has parts and Nunc stans has parts Is not this darkness I take it to be the Kingdom of Darkness and the teachers of it especially of this Doctrine That God who is not only Optimus but also Maximus is no greater than to be wholly contained in the least Atome of earth or other body and that his whole duration is but an instant of time to be either grosly ignorant or ungodly Deceivers J. D. Our God is a perfect pure simple indivisible infinite Essence free from all composition of matter and form of substance and accidents All matter is finite and he who acteth by his infinite Essence needeth neither Organs nor Faculties id est no power note that nor accidents to render him more compleat But T. H.
General Councils the Power of the Roman Church grew up a pace and either by the negligence or weakness of the succeeding Emperors the Pope did what he pleased in Religion There was no Doctrine which tended to the Power Ecclesiastical or to the Reverence of the Clergy the contradiction whereof was not by one Council or another made Heresie and punished arbitrarily by the Emperors with Banishment or Death And at last Kings themselves and Commonwealths unless they purged their Dominions of Hereticks were Excommunicated Interdicted and their Subjects let loose upon them by the Pope insomuch as to an ingenuous and serious Christian there was nothing so dangerous as to enquire concerning his own Salvation of the Holy Scripture the careless cold Christian was safe and the skilful Hypocrite a Saint But this is a Story so well known as I need not insist upon it any longer but proceed to the Hereticks here in England and what Punishments were ordained for them by Acts of Parliament All this while the Penal Laws against Hereticks were such as the several Princes and States in their own Dominions thought fit to enact The Edicts of the Emperors made their Punishments Capital but for the manner of the Execution left it to the Prefects of Provinces And when other Kings and States intended according to the Laws of the Roman Church to extirpate Hereticks they ordained such Punishment as they pleased The first Law that was here made for the punishments of Hereticks called Lollards and mentioned in the Statutes was in the fifth year of the Reign of Richard the Second occasioned by the Doctrine of John Wickliff and his Followers which Wickliff because no Law was yet ordained for his punishment in Parliament by the favour of John of Gaunt the King's Son during the Reign of Edward the third had escaped But in the fifth year of the next King which was Richard the Second there passed an Act of Parliament to this effect That Sheriffs and some others should have Commissions to apprehend such as were certified by the Prelates to be Preachers of Heresie their Fautors Maintainers and Abettors and to hold them in strong Prison till they should justifie themselves according to the Law of Holy Church So that hitherto there was no Law in England by which a Heretick could be put to Death or otherways punished than by imprisoning him till he was reconciled to the Church After this in the next King's Reign which was Henry the Fourth Son of John of Gaunt by whom Wickliffe had been favoured and who in his aspiring to the Crown had needed the good Will of the Bishops was made a Law in the second Year of his Reign wherein it was Enacted That every Ordinary may convene before him and imprison any person suspected of Heresie and that an obstinate Heretick shall be burnt before the People In the next King's Reign which was Henry the Fifth in his Second year was made an Act of Parliament wherein it is declared that the intent of Hereticks called Lollards was to subvert the Christian Faith the Law of God the Church and the Realm And that an Heretick convict should forfeit all his Fee-simple Lands Goods and Chattels besides the Punishment of Burning Again in the Five and Twentieth year of King Henry the Eighth it was Enacted That an Heretick convict shall abjure his Heresies and refusing so to do or relapsing shall be burnt in open place for example of others This Act was made after the putting down of the Pope's Authority And by this it appears that King Henry the Eighth intended no farther alteration in Religion than the recovering of his own Right Ecclesiastical But in the first year of his Son King Edward the sixth was made an Act by which were repealed not only this Act but also all former Acts concerning Doctrines or matters of Religion So that at this time there was no Law at all for the punishment of Hereticks Again in the Parliament of the first and second year of Queen Mary this Act of 1 Ed. 6. was not repealed but made useless by reviving the Statute of 25 Hen. 8. and freely put it in execution insomuch as it was Debated Whether or no they should proceed upon that Statute against the Lady Elizabeth the Queens Sister The Lady Elizabeth not long after by the Death of Queen Mary coming to the Crown in the fifth year of her Reign by Act of Parliament repealed in the first place all the Laws Ecclesiastical of Queen Mary with all other former Laws concerning the punishments of Hereticks nor did she enact any other punishments in their place In the second place it was Enacted That the Queen by her Letters Patents should give a Commission to the Bishops with certain other persons in her Majesties Name to execute the Power Ecclesiastical in which Commission the Commissioners were forbidden to adjudge any thing to be Heresie which was not declared to be Heresie by some of the first four General Councels But there was no mention made of General Councels but only in that branch of the Act which Authorised that Commission commonly called The High Commission nor was there in that Commission any thing concerning how Hereticks were to be punished but it was granted to them that they might declare or not declare as they pleased to be Heresie or not Heresie any of those Doctrines which had been Condemned for Heresie in the first four General Councels So that during the time that the said High Commission was in being there was no Statute by which a Heretick could be punished otherways than by the ordinary Censures of the Church nor Doctrine accounted Heresie unless the Commissioners had actually declared and published That all that which was made Heresie by those Four Councels should be Heresie also now But I never heard that any such Declaration was made either by Proclamation or by Recording it in Churches or by publick Printing as in penal Laws is necessary the breaches of it are excused by ignorance Besides if Heresie had been made Capital or otherwise civilly punishable either the Four General Councels themselves or at least the Points condemned in them ought to have been Printed or put into Parish Churches in English because without it no man could know how to beware of offending against them Some men may perhaps ask whether no body were Condemned and Burnt for Heresie during the time of the High Commission I have heard there were But they which approve such executions may peradventure know better grounds for them than I do but those grounds are very well worthy to be enquired after Lastly in the seventeenth year of the Reign of King Charles the First shortly after that the Scots had Rebelliously put down the Episcopal Government in Scotland the Presbyterians of England endeavoured the same here The King though he saw the Rebels ready to take the Field would not condescend to that but yet in hope to appease them was content to pass an