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A43972 Behemoth, or, An epitome of the civil wars of England, from 1640 to 1660 by Thomas Hobs ... Hobbes, Thomas, 1588-1679. 1679 (1679) Wing H2213; ESTC R9336 139,001 246

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with them whilst the King had his great Council about him But neither they nor the Lords could present to the King as a Grievance That the King took upon him to make the Laws to chuse his own Privy Council to raise Money and Soldiers to defend the Peace and Honour of the Kingdom to make Captains in his Army to make Governours of his Castles whom he pleased for this had been to tell the King that it was one of their Grievances that he was King B. What did the Parliament do whilst the King was in Scotland A. The King went in August after which the Parliament September the 8th adjourn'd till the 20th of October and the King return'd about the end of November following in which time the most Seditious of both Houses and which had designed the Change of Government and to cast off Monarchy but yet had not wit enough to set up another Government in its place and consequently left it to the chance of War made a Cabal amongst themselves in which they projected how by seconding one another to Govern the House of Commons and invented how to put the Kingdom by the Power of that House into a Rebellion which they then called a posture of Defence against such Dangers from abroad as they themselves should feign and publish Besides whilst the King was in Scotland the Irish Papists got together a great Party with an Intention to Massacre the Protestants there and had laid a design for the ●eizing of Dublin Castle October the 20th where the King's Officers of the Government of the County made their Residence and had effected it had it not been Discovered the night before The manner of the discovery and the Murders they committed in the Country afterwards I need not tell you since the whole story of it is extant B. I wonder they did not expect and provide for a Rebellion in Ireland as soon as they began to quarrel with the King in England For was there any body so ignorant as not to know that the Irish Papists did long for a change of Religion there as well as the Presbyterians in England Or that in general the Irish Nation did hate the name of Subjection to England or would longer be quiet than they feared an Army out of England to chastize them What better time then could they take for their Rebellion than this wherein they were encouraged not only by our weakness caused by this Division between the King and his Parliament but also by the Example of the Presbyterians both of the Scorch and English Nation But what did the Parliament do upon this occasion in the King's absence A. Nothing but consider what use they might make of it to their own ends partly by imputing it to the King 's evil Councellors and partly by occasion thereof to demand of the King the Power of Pressing and Ordering of Soldiers which Power whosoever has has also without doubt the whole ●overaignty B. When came the King back A. He came back the 25th of November and was welcomed with the Acclamations of the common people as much as if he had been the most beloved of the Kings before him but found not a Reception by the Parliament answerable to it They presently began to pick new Quarrels against him out of every thing he said to them December 2. the King called together both Houses of Parliament and then did only recommend unto them the raising of Succours for Ireland B. What Quarrel could they pick out of that A. None but in order thereto as they may pretend they had a Bill in Agitation to assert the power of Levying and Pressing ●oldiers to the two Houses of the Lords and Commons which was as much as to take ●●om the King the Power of the Militia which is in effect the whole Soveraign Power for he that hath the Power of Levying and Commanding of his Soldiers has all other Rights of Soveraignty which he shall please to claim The King hearing of it called the Houses of Parliament together again on December the 14th and then pressed again the business of Ireland as there was need for all this while the Irish were murdering the English in Ireland and strengthening themselves against the Forces they expected to come out of England and withall told them he took notice of the Bill in Agitation for Pressing of Soldiers and that he was content it should pass with a Salvo Jure both for him and them because the present time was unreasonable to dispute it in B. What was there unreasonable in this A. Nothing what 's unreasonable is one question what they quarrell'd at is another They quarrell'd at this that His Majesty took notice of the Bill while it was in debate in the House of Lords before it was presented to him in the Course of Parliament And also that he shewed himself displeased with those that propounded the third Bill both which they declared to be against the Priviledges of Parliament and petitioned the King to give them Reparation against those by whose evil Council he was induced to it that they might receive condign punishment B. This was cruel proceeding Do not the Kings of England use to sit in the Lords House when they please And was not this Bill then in debate in the House of Lords It is a strange thing that a man should be lawfully in the company of men where he must needs hear and see what they say and do and yet must not take notice of it so much as to the same Company for though the King was not present at the Debate it self yet it was lawful for any of the Lords to make him acquainted with it Any one of the House of Commons though not present at a Proposition or Debate in 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 Counsellors 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 grew a kind of War between the Peers of Parliament and those of the Secretaries and other able Men that were with the King ●or upon the 15th 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 ●●pe 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 the restoring and establishing the Antient Honour Greatness and Safety of the Crown and
Authority upon them first A. After the Inundation of Northern People had overflowed the Western Parts of the Empire and possessed themselves of Italy the People of the City of Rome submitted themselves as well in Temporals as Spirituals to their Bishop and then first was the Pope a Temporal Prince and stood no more in so great fear of the Emperors which lived far off at Constantinople In this time it was that the Pope began by pretence of his Power Spiritual to encroach upon the Temporal Rights of all other Princes of the West and so continued gaining upon them till his Power was at the highest in that 300 years or thereabout which passed between the time of Pope Leo the 3. and Pope Innocent the 3. For in this time Pope Zachary 1. deposed Chilperick then King of France and gave the Kingdom to one of his Subjects Pepin And Pepin took from the Lombards a great part of their Territory and gave it to the Church Shortly after the Lombards having recovered their Estate Charles the Great retook it and gave it to the Church again and Pope Leo the 3. made Charles Emperor B. But what Right did the Pope there pretend for the creating of an Emperor A. He pretended the Right of being Christs Vicar and what Christ could give his Vicar might give and you know that Christ was King of all the World B. Yes as God and so he gives all the Kingdoms of the World which nevertheless proceed from the consent of People either for fear or hope A. But this Gift of the Empire was in a more special Manner in such a manner as Moses had the Government of Israel given him or rather as Joshua had it given him to go in and out before the People as the High Priest should direct him and so the Empire was understood to be given him on condition to be directed by the Pope For when the Pope invested him with the Regal Ornaments the People all cryed out Deus dat that is to say 't is God that gives it And from that time all or most of the Christian Kings do put into their Titles the words Dei gratia that is by the gift of God And their Successors use still to receive the Crown and Scepter from a Bishop 'T is certainly a very good Custom for Kings to be put in mind by whose gift they reign but it cannot from that Custom he infer'd that they receive the Kingdom by mediation from the Pope or by any other Clergy For the Popes themselves received the Papacy from the Emperor the first that ever was elected Bishop of Rome after Emperors were Christians and without the Emperors consent executed himself by Letter to the Emperor with this that the People and Clergy of Rome forced him to take it upon him and prayed the Emperor to confirm it which the Emperor did but with Reprehension of their Proceedings and prohibition of the like for the time to come the Emperor was Lotharius and the Pope Calixtus the first A. You see by this the Emperor never acknowledged this gift of God was the gift of the Pope but maintained the Popedom was the gift of the Emperor but in process of time by the negligence of the Emperor for the greatness of Kings makes them that they cannot easily descend into the obscure and narrow Mines of an ambitious Clergy they found means to make the people believe there was a Power in the Pope and Clergy which they ought to submit unto rather than to the Commands of their own King whensoever it should come into Controversy and to that end devised and decreed many new Articles of Faith to the diminution of the Authority of Kings and to the disjunction of them and their Subjects and to a closer adherence of their Subjects to the Church of Rome's Articles either not at all found in or not well founded upon the Scripture as first That it should not be lawful fur a Priest to Marry What influence could that have upon the power of Kings do you not see that by this the King must of necessity either want the Priesthood and therewith a great part of the Reverence due to him from the most Religious part of his Subjects or else want Lawful Heirs to succeed in by which means being not taken for the Head of the Church he was sure in any controversie between him and the Pope that his Subjects would be against him B. Is not a Christian King as much a Bishop now as the Heathen Kings were of old for amongst them Episcopus was a name common to all Kings is not he a Bishop now to whom god hath committed the charge of all the Souls of his Subjects both of the Laity and of the Clergy And though he be in relation to our Saviour who is the chief Pastour of Sheep yet compared to his own Subjects they are all Sheep both Laick and Clergy and he the onely Shepherd and seeing a Christian Bishop is but a Christian endued with power to govern the Clergy it follows that every Christian King is not onely a Bishop but an Archbishop and his whole Kingdom his Diocess And though it were granted that Imposition of hands were necessary for a Priest yet seeing Kings have the power of Government of the Clergy that are the Subjects even before Baptism the Baptism it self where he is received as a Christian is a sufficient Imposition of Hands so that whereas before he was a Bishop now he is a Christian Bishop A. For my part I agree with you this prohibition of Marriage to Priests came in about the time of Pope Gregory the Seventh and William the First King of England by which means the Pope had in England what with Secular and what with Regular Priests a great many lusty Batchelors at his service Secondly that Auricular Confession to a Priest was necessary to Salvation 'T is true that before that time Confession to a Priest was usual and performed for the most part by him that Confessed People And the end which the Pope had in multiplying Sermons was no other but to prop and enlarge his own Authority over all Christian Kings and States B. Within the same time that is between the time of the Emperor Charles the Great and of King Edward the Third of England began their second Policy which was to bring Religion into an Art and thereby to maintain all their Degrees of the Roman Church by Disputation not onely from the Scriptures but also from the Philosophy of Aristotle both Moral and Natural and to that end the Pope exhorted the said Emperor by Letters to erect Schools of all kinds of Literature and from thence began the institution of Universities for not long after the Universities began in Paris and in Oxford It is true that there were Schools in England before that time in several places for the instruction of Children in the Latin Tongue that is to say in the Tongue of the Church but
for an University of Learning there was none erected till that time though it be not unlikely there might be then some that taught Philosophy Logick and other Arts in divers Monasteries the Monks having little else to do but to study After some Colledges were built to that purpose it was not long before many more were added to them by the Devotion of Princes and Bishops and other wealthy men and the Discipline therein was confirmed by the Popes that then were and abundance of Scholars sent thither by their friends to study as to a place from whence the way was open and easie to preferment both in Church and Commonwealth The profit the Church of Rome expected from them and in effect received was the maintenance of the Pope's Doctrine and of his Authority over Kings and their Subjects by School Divines who striving to make good many points of Faith incomprehensible and calling in the Philosophy of Aristotle to their assistance wrote great Books of School Divinity which no man else nor they themselves were able to understand as any man may conceive that shall consider the writing of Peter Lombard or Scotus or of him that wrote Commentaries upon him or of Suarez or of any other School-Divines of later times which kind of Learning nevertheless hath been much admired by two sorts of men otherwise prudent enough The one of which sorts were those that were already Devoted and really affectionate to the Roman Church for they believed the Doctrine before but admired the Arguments because they understood them not and yet found the Conclusions to their mind The other sort were negligent men that had rather admire with others than take the pains to examine so that all sorts of people were fully resolved that both the Doctrine was true and the Pope's Authority no more then that was due to him I see that a Christian King or State how well soever provided he be of Money and Arms where the Church of Rome hath such authority will have but a hard match of it for want of men for their Subjects will hardly be drawn into the Field and fight with courage against their Consciences A. It is true that great rebellions have been raised by Church-men in the Pope's quarrel against Kings as in England against King John and in France against King Henry the Fourth wherein the Kings had a more considerable part on their sides than the Pope had on his and shall always have so if they have Money for there are but few whose Consciences are so tender as to refuse Money when they want it but the great mischief done to Kings upon pretence of Religion is when the Pope gives power to one King to Invade another B. I wonder how King Henry the Eighth so utterly extinguished the Authority of the Pope in England and that without any Rebellion at home or any Invasion from abroad A. First The Priests Monks and Friars being in the height of their Power were now for the most part grown insolent and licentious and thereby the force of their Arguments was now taken away by the scandal of their lives which the Gentry and men of good education easily perceived and the Parliament consisting of such persons were therefore willing to take away their Power and generally the Common people which for a long time had been in love with Parliaments were not displeased therewith Secondly The Doctrine of Luther beginning a little before was now by a great many men of the greatest Judgments so well received as that there was no hope to restore the Pope to his Power by Rebellion Thirdly The Revenue of the Abbies and all other Religious Houses falling hereby into the Kings hands and by him being disposed of to the most eminent Gentlemen in every County could not but make them do their best to confirm themselves in the possession of them Fourthly King Henry was of a nature quick and severe in the Punishing of such as should be the first to oppose his designs Lastly As to Invasion from abroad if the Pope had given the Kingdom to another Prince it had been in vain for England is another manner of Kingdom than Navarre besides the French and Spanish Forces were imployed at that time one against another and though they had been at leasure they would have found perhaps no better success than the Spaniard found afterwards in 1588. Nevertheless notwithstanding the Insolence Avarice and Hypocrisie of the then Clergy and nothwithstanding the Doctrine of Luther if the Pope had not provoked the King by endeavouring to cross his Marriage with his second Wife his Authority might have remained in England till there had risen some other quarrel B. Did not the Bishops that then were and had taken an Oath wherein was among other things that they should defend and maintain the Regal Rights of St. Peter the words are Regalia Sancti Petri which nevertheless some have said are Regulas Sancti Petri that is to say St. Peter's Rules or Doctrine and that the Clergy afterwards did read it being perhaps written in Short-hand by a mistake to the Pope's advantage Regalia Did not I say the Bishops oppose that Act of Parliament against the Pope's against the taking of the Oath of Supremacy A. No I do not find the Bishops did many of them oppose the King for having no power without him it had been great imprudence to provoke his Anger there was besides a Controversiy in those times between the Pope and the Bishops most of which did maintain that they exercised their Jurisdiction Episcopal in the Right of God as immediately as the Pope himself did exercise the same over the whole Church and because they saw that by this Act of the King in Parliament they were to hold their power no more of the Pope and never thought of holding it of the King they were perhaps better content to let the Act of Parliament pass in the reign of King Edward the Sixth the Doctrine of Luther had taken such great root in England that they threw out a great many of the Pope's new Articles of Faith with Queen Mary succeeding him restored again together with all that had been abolished by King Henry the Eighth saving that which could not be restored the Religious Houses and the Bishops and Clergy of King Henry were partly burnt for Hereticks partly fled and partly recanted and they that fled betook themselves to those places beyond Sea where the Reformed Religion was either protected or not prosecuted who after the decease of Queen Mary returned again to favour and preferment under Queen Elizabeth that restored the Religion of her Brother King Edward and so it had continued to this day excepting the interruption made in this late Rebellion of the Presbyterians and other Democratical men But thus the Romish Religion were now cast out by the Law yet there were abundance of people and many of them of the Nobility that still retained the Religion of their Ancestors
as are subject to the Law or its being unconformable to Equity or Charity in all men whatsoever B. It seems you make a difference between the Ethicks of Subjects and the Ethicks of Soveraigns A. So I do The Vertue of a Subject is comprehended wholly in obedience to the Laws of the Commonwealth To obey the Laws is Justice and Equity which is the Law of Nature and consequently is Civil Law in all Nations of the World and nothing is Injustice or Iniquity otherwise then it is against the Law Likewise to obey the Law is the Prudence of a Subject for without such obedience the Commonwealth which is every Subjects safety and protection cannot subsist And though it be Prudence also in private men justly and moderately to enrich themselves yet craftily to withold from the Publick or defraud it of such part of the Wealth as is by Law required is no sign of Prudence but of want of knowledge of what is necessary for their own defence The Vertues of Soveraigns are such as tend to the maintenance of Peace at Home and to the resistance of Forreign Enemies Fortitude is a Royal Vertue and though it be necessary in such private men as shall be Soldiers yet for other men the less they dare the better it is both for the Commonwealth and for themselves Frugality though perhaps you would think it strange is also a Royal Vertue for it increases the publick stock which cannot be too great for the Publick Use nor any man too sparing of what he has in trust for the good of others Liberality also is a Royal Vertue for the Commonwealth cannot be well serv'd without Extraordinary Diligence and Service of Ministers and great Fidelity to their Soveraign who ought therefore to be incouraged and especially those that do him service in the Wars In summ all Actions or Habits are to be esteemed Good or Evil by their Causes and Usefulness in reference to the Commonwealth and not by their Mediocrity nor by their being commended for several men praise several Customes and that which is Vertue with one is blam'd by others and contrarily what one calls Vice an other calls Vertue as their present Affections lead them B. Methinks you should have placed amongst the Vertues that which in my Opinion is the greatest of all Vertues Religion A. So I have though it seems you did not observe it But whether do we Disgress from the way we were in B. I think you have not Digressed at all for I suppose your purpose was to acquaint me with the History not so much of those Actions that past in the time of the late Troubles as of their Causes and of the Counsels and Artifi●es by which they were brought to pass There be divers men that have written the History out of whom I might have Learned what they did and somewhat also of the Contrivance But I find little in them of it I would ask therefore since you were pleased to enter into this Discourse at my request be pleased also to inform me after my own method And for the danger of Confusion that may arise from that I will take care to bring you back to the place from whence I drew you for I well remember where it was A. Well then to your Question concerning Religion Inasmuch as I told you that Vertue is comprehended in Obedience to the Laws of the Commonweath whereof Religion is one I have placed Religion amongst the Vertues B. Is Religion then the Law of a Commonwealth A. There is no Nation in the World whose Religion is not Established and receives not its Authority from the Laws of that Nation It is true that the Law of God receives no obedience from the Laws of Men But because men can never by their own Wisdom come to the knowledge of what God hath spoken and Commanded to be Observed nor be obliged to obey the Laws whose Author they know not they are to acqui●ss in some humane Authority or other So that the Question will be Whether a man ought in matter of Religion that is to say when there is question of his D●ty to God and the King to rely upon the Praeaching of their Fellow-Subjects or of 2 Stranger or upon the voice of the Law B. There is no great difficulty in that point for there is none that Preach here or any where else at least ought to Preach but such as have Authority so to do from him or them that have the Soveraign Power So that if the King give us leave you or I may as lawfully Preach as them that do and I believe we should perform that Office a great deal better than they that preached us into Rebellion A. The Church Morals are in many points very different from these that I have here set down for the Doctrine of Vertue and Vice and yet without any conformity with that of Aristotle for in the Church of Rome the principle Vertues are to obey their Doctrine though it be Treason and that is to be Religious to be beneficial to the Clergy that is their Piety and Liberality and to believe upon their word that which a man knows in his Conscience to the false which is the Faith that they require I could name a great many more such points of their Morals but that I know you know them already being so well versed in the cases of Conscience written by their School-men who measure the goodness and wickedness of all Actions by their Congruity with the Doctrine of the Roman Clergy B. But what is the Moral Philosophy of the Protestant Clergy in England A. So much as they shew of it in their Life and Conversation is for the most part very good and of very good example much better than their Writings B. It happens many times that men live honestly for fear who if they had Power would live according to their own Opinions that is if their Opinions be nor right Unrighteously A. Do the Clergy in England pretend as the Pope does or ●s the Presbyterians do to have a right from God immediately to govern the King and his Subjects in all points of Religion and Manners If they do you cannot doubt but that if they had Number and Strength which they are never like to have they would attempt to attain that Power as the others have done B. I would be glad to see a System of the present Morals written by some Divine of good Reputation and Learning and of the late King's party A. I think I can recommend unto you the best that is extant and such an one as except a few passages that I mislike is very well worth your reading the Title of it is The whole Duty of Man laid down in a plain and familiar way And yet I dare say that if the Presbyterian Ministers even those of them that were the most diligent Preachers of the late Sedit on were to be tried by it they would go near to be found
which they omitted nothing of their former Slanders against His Majesties Government but inserted certain Propositions declarative of their own pretended Right viz. I. That whatsoever they declare to be Law ought not to be questioned by the King II. That no Precedent can be Limits to bound their Proceedings III. That a Parliament for the Public Good may dispose of any thing wherein the King or Subject hath a Right and that they without the King are this Parliament and the Judge of this Public Good and that the King's consent is not necessary IV. That no Member of either House ought to be troubled for Treason Felony or any other Crime unless the Cause he first brought before the Paliament that they may judge of the Fact and give leave to proceed if they see Cause V. That the Sovereign Power resides in both Houses and that the King ought to have no Negative Voice VI. That the Levying of Forces against the Personal Commands of the King though accompanied with his presence is not Levying War against the King but the Levying of War against his Politic Person viz. his Laws c. VII That Treason cannot be committed against his Person otherwise than as he is intrusted with the Kingdom and discharges that Trust and that they have a Power to judge whether he hath discharged his Trust or not VIII That they may dispose of the King when they will B. This is plain-dealing and without hypocrisie Could the City of London swallow this A. Yes and more too if need be London you know has a great Belly but no palate nor taste of Right and Wrong In the Parliament Roll of Henry IV. amongst the Articles of the Oath the King at his Coronation took there is one runs thus Concedes Justas Leges Consuetudines esse tenendas promi●tes per te eas esse protegendas ad honorem Dei corroborandas quas Vulgus elegerit Which the Parliament urged for their Legislative Authority and therefore interpret quas Vulgus elegerit which the People shall choose as if the King should swear to protect and corroborate Laws before they were made whether they be Good or Bad whereas the words signifie no more but that he shall protect and corroborate such Laws as they have chosen that is to say the Acts of Parliament then in being And in the Records of the Exchequer it is thus Will yea grant to hold and keep the Laws and rightful Customs which the Commonalty of this your Kingdom have And will you defend and uphold them c And this was the Answer His Majesty made to that Point B. I think His Answer very full and clear but if the words were to be interpreted in the other sence yet I see no reason why the King should be bound to swear to them for Henry IV. came to the Crown by the Votes of a Parliament not much inferior in wickedness to this Long Parliament that Deposed and Murdered their Lawful King saving that it was not the Parliament it self but the Usurper that murdered King Richard II. A. About a week after in the beginning of May the Parliament sent the King another Paper which they stil'd The Humble Petition and Advice of both Houses Containing Nineteen Propositions which when you shall hear you shall be able to judge what Power they meant to leave to the King more than to any of His Subjects The first of them is this I. That the Lords and other of His Majesties Privy Council and all great Officers of State both at home and abroad be put from their Imployments and from his Council save only such as should be approved of by both Houses of Parliament and none put into their places but by approbation of the said Houses And that all Privy Counsellors take an Oath for the due Execution of their places in such form as shall be agreed upon by the said Houses II. That the great Affairs of the Kingdom be Debated Resolv'd and Transacted only in Parliament and such as shall presume to do any thing to the contrary to be reserved to the Censure of the Parliament and such other Matters of State as are proper for His Majesties Privy Council shall be Debated and Concluded by such as shall from time to time be chosen for that place by both Houses of Parliament And that no Publick Act concerning the Affairs of the Kingdom which are proper for his Privy Council be esteemed valid as proceeding from the Royal Authority unless it be done by the Advice and Consent of the Major part of the Council attested under their Hands and that the Council be not more than 25 nor less than 15 and that when a Counsellors place falls it shall not be supplied without the assent of the Major part of the Council and that such choice also shall be void if the next Parliament after confirm it not III. That the Lord High Steward of England Lord High Constable Lord Chancellor or Lord Keeper of the Great Seal Lord Treasurer Lord Privy Seal Earl Marshal Lord Admiral Warden of the Cinque Ports chief Governor of Ireland Chancellor of the Exchequer Master of the Wards Secretaries of State Two Chief Justices and Chief Baron be always chosen with the Approbation of both Houses of Parliament and in the Intervals of Parliament by the Major part of the Privy Council IV. That the Government of the King's Children shall he committed to such as both Houses shall approve of and in the Intervals of Parliament such as the Privy Council shall approve of that the Servants then about them against whom the Houses have just exception should be remov'd V. That no Marriage be concluded or treated of for any of the King's Children without consent of Parliament VI. That the Laws in force against the Jesuits Priests and Popish Recusants be strictly put in execution VII That the Votes of Popish Lords in the House of Peers be taken away and that a Bill be passed for the Education of the Children of Papists in the Protestant Religion VIII That the King will be pleas'd to reform the Church-Government and Liturgy in such manner as both Houses of Parliament shall advise IX That he would be pleased to rest satisfied with that course the Lords and Commons have appointed for ordering the Militia and recall his Declarations and Proclamations against it X. That such Members as have been put out of any Place or Office since this Parliament began may be restor'd or have satisfaction XI That all Privy Counsellors and Judges take an Oath the Form whereof shall be agreed on and setled by Act of Parliament for the maintaining the Petition of Right and of certain Statutes made by the Parliament XII That all the Judges and Officers placed by Approbation of both Houses of Parliament may hold their places quamdiu benè se gesserint XIII That the Justice of Parliament may pass upon all Delinquents whether they be within the Kingdom or fled out of it
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 Sco●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
Nation And of those Designs the Promoters and Actors were they said 1. Jesuits and Papists 2. The Bishops and part of the Clergy that cherish formality as a support of their own Ecclesiastical Ty●●nny and Usurpation 3. Counsellors and Courtiers that for private ends they said had engaged themselves to farther the Interests of some Foreign Princes B. It may 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 per●●ps wickedly therefore I pray tell me particularly what their Crimes were for me thinks the King should not have conniv'd at any thing against his own Su●●eam 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 accused thereof the Bishops Counsellors 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 Prerogatives and Liberty between the King and his People to the end that seeming much addicted to His Majesty's Service they might get themselves into places of greatest Trust and Power in the Kingdom B. How could this be call'd an Accusation in which there is no Fact for any Accusers to apply their Proof 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 endeavour'd 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 supprest the Doctrine of the Presbyterians that is to say the very Foundation of their Parliaments Treacherous Pretensions A third That they cherished Arminians Papists and Libertines by which they meant the common Protestants that 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 of Money than by the ordinary way of Parliaments Judge whether these may be properly called Accusations or not rather ●pightful 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 any 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 pleased 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 to deny him Subsidies for they were resolv'd to take from him the Soveraign Power to themselves which they would 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 Council 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 by the King himself and such of his Privy-Council as he revealed them to B. But what were those particular pretended faults A. First The Dissolution of the last Parliament at Oxford Secondly The Dissolution of his second Parliament being in the second year of his Reign Thirdly The Dissolution of his Parliament in the fourth year of his Reign Fourthly The fruitless Expedition against Cales Fifthly the Peace made with Spain whereby the Palatine's Cause was deserted and left to chargeable and hopeless Treaties Sixthly The sending of Commissions to raise Money by way of Loan Seventhly Raising of Ship-money Eighthly Enlargements of Forrests contrary to Magna Charta Ninthly The Designment of Engrossing all the Gun-powder into one hand and keeping it in the Tower of London Tenthly A Design to bring in the Use of Brass-Money Eleventhly The Fines Imprisonments Stigmatizings Mutilations Whippings Pillories Gaggs Confinements and Banishments by Sentence in the Court of Star-Chamber Twelfthly The displacing of Judges Thirteenthly The Illegal Acts of Council-Table Fourteenthly The Arbitrary and Illegal Power of the Earl-Marshal's Court. Fifteenthly The Abuses in Chancery Exchequer-Chamber and Court of Wards Sixteenthly The selling of Titles of Honour of Judges and Serjeants Places and other Offices Seventeenthly The Insolence of Bishops and other Clarks in Suspensions Excommunications and Degradations of divers painful and learned and pious Ministers B. Were there any such Ministers Degraded Depraved or Excommunicated A. I cannot tell But I remember I have heard threatned divers painful unlearned and seditious Ministers Eighteenthly The Excess of Severity of the High-Commission-Court Nineteenthly 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 5th 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 when the Parliament was ended and the favour shewed to Papists by Secretary Windebank and others B. All this will go currant with common people for Mis-government and for faults of the King 's though some of them were Mis-fortunes and both the Mis-fortunes and the Mis-governments if any were were the faults of the Parliament who by denying to give him Money did both frustrate his Attempts abroad and put him upon those extraordinary ways which they call Illegal of raising Money at home A. You see what a heap of Evils they have raised to make a shew of ill Government to the People which they second with an enumeration of the many services they have done the King in overcoming a great many of them though not all and in divers other things and say that though they had contracted a Debt to the Scots of 22000 l. and granted six Subsidies and a Bill of Pole-money worth six Subsidies more yet that God had so blessed the Endeavours of this Parliament that the Kingdom was a gainer by it and then follows the Catalogue of those good things they had done for the King and Kingdom For the Kingdom they had done they said these things They had abolished
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