Refractoria Disputatio: OR, The Thwarting Conference, IN A DISCOVRSE, BETWEEN

  • Thraso, One of the late Kings Colonels.
  • Neutralis, A sojourner in the City.
  • Prelaticus, A Chaplain to the late King.
  • Patriotus, A well-willer to the Parliament.

All of them differently affected, and disputing on the subjects inserted after the Epistle, on the dissolution of the late PARLIAMENT, and other changes of STATE.

Porv. 12. 15.

The way of a fool is right in his own eyes, but he that hearkneth unto counsel is wise.

The wise man foreseeth the evil to come, and preventeth it,

Eccles.

LONDON, Printed by Robert White, and are to be sold by Thomas Brewster at the three Bibles in Pauls Church-yard 1654.

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To the intelligent Reader, whe­ther Royalist, Malignant, or howsoever affected.

Gentlemen,

IT is a facete observation of Mou [...]tague in his Essays. a Person of honour, that a diligent Reader may apprehend more then the Author himself ever meant or inten­ded; If then it shall be either thy fortune or neglect in reading this Thwarting Conserence, to understand less then is intended for the general instruction, that's the Readers fault none of the Authors; If so much as is presented for the rectification of particular mens judgements (doubtful of their own principles) and unset­tled in their minds; here is that which [Page] (if they be afore-hand not infatua­ted) will compose their distractions; out of the whole, the Reader may recollect his memory in some parti­culars of State as haply are either for­gotten or unknown unto him, and so he may take a review of things past as they were caried on in their vari­ous and mystical traverses of Court, and thence to foresee what may be the event of the late miraculous change of Government. If on thy first view of the Title, thou findest any itching desire to know the scope and whereat the Discourse ayms (as all novelties provoke appetite) take this in the way of an advertis­ment, that here are vetera, vera, no­vaque intermixta, old, true, and new passages, cursorily presented in an interlocutory Conference; then look over to the next page, and haply the Contents may set a new edge on thy desires; then read all or none; and not unlikely thou mayst go very neer henceforth to know how to or­der [Page] thy self to the best advantage under the present powers, and there­with judge of the universal destiny of the Nation, should it revert into Mo­narchy; and on casting up of thy ac­compt, take these following Ani­madversions into thy more serious consideration; first, with what labor, travel, care, and vexation of spirit, the two late Kings even from the very Ingress to their Crowns, to the period of their days, prepared the way to their own ruines, by pur­suing their ambitious designs of heightning their Soveraignties above and beyond the bounds and limits thereof; whereas with much honour, love, loyalty, content, and profit to themselves, peace, pleasure, security, and tranquillity to their Subjects, they might have spent those their vexa­tious days in the full fruition of all worldly happiness; But intoxicated with those restless desires of greatness and of ambition, to climb above the right end and orb of Government, [Page] and inflamed with those over-high heats of strengthning themselves with that frail support of the arm of flesh, verified in that their long con­tinued and chargable negotiations, to contract Alliances, and intermar­riages with Spain and France, Fami­lies of contrary and Idolatrous Re­ligions (aspirations) which were ne­ver yet prosperous to Princes, profes­sing (as they pretended) the purity of Religion without intetmixtures; what Apologies and Defences have been made either by themselves (living) or by others surviving and exposed to the world, in vindication of their actions and too too manifest errors, are no other then the superfluity and fineness of mens wits, byassed with­out judgement to discern between truth and falshood, the infallible te­stimonies of humane frailty and the Devils juglings, onely to deceive the common belief, whereas truth is still the same, and will one day clearly appear and discover those dark [Page] traces and ambages of the greatest Masters of Art and Policy, though for a time they may be inveloped and hidden from the sight of the Vul­gar, and happily predominate on the credulity of too many that think themselves wise above the ordinary sort; yet at length they must be un­mask't and layd open to the Worlds view; for magna est veritas, &c. and it cannot be resisted. 'Tis most true, they were: Princes of great parts and endowments, though now in another World, whether we must all follow to render an accompt of our Steward­ships; howsoever without prejudice to their memories, both for our own and the instruction of posterity, we may take into observation what they were living, and what instruments they made use of for carying on their ambitious Designs, to their own dishonour, the blemish of their fames, the disturbance of their domestick peace, the publick tranquillity, and of that secure settlement which the [Page] old King found here in a most perfect establishment on the decease of that unparalleld Princess Elizabeth; and as to the late most unfortunate King to the destruction of three flourishing Kingdoms, himself, his Posterity, the Royalty, and the ruine of many of the Nobility, Gentry, and Commons of England, Scotland and Ireland.

In the next Scene, we may take a short view of that remarkable fate which befel the Authors, Promoters, Incendiaries, and principal Work­masters, both Ecclesiastical and Ci­vil, both before and throughout the whole managery of the late prodi­gious War, and work of darkness to their own ruine, as a just reward to such as in assistance and advance of a lawless and unlimited Soveraignty, most unnaturally and treacheously steered in the Regal course of attain­ing, and well-nigh to the accom­plishing of more absolute power over the three Nations, then ever was at­tempted on the Theator of this [Page] Kingdom; whence we may learn and set up our rests on these infallible Aphorismes, that

Consilium malum consultoribus pessimū. evil counsel is most inauspicious to the Councellours themselves; and on that other which by lamentable ex­perience we have found most true,

Quicquid delirant Reges, plectuntur Achivi:

whatsoever Kings project, the poor innocent people must suffer for all and for their faults.

Gentlemen, to come a little neerer unto you, and more openly to ex­plain my self; you have in the fol­lowing Discourse, not onely a part of the old case between King and Par­liament cursorily disputed, but what the issue (in all probability) will be, in case the Scotch King cometh in by the sword, with the fearful conse­quences thereof, both in relation to your selves and the universal people; ye may by the way remember what [Page] work the late King made in all parts of the Land wheresoever his Armies and Garrisons were, how many Coun­ties he made the constant seats of a furious and bloody War; how long he continued to embrew the land with innocent blood even to desola­tion; in how many places the poor Inhabitants had neither bread left them to eat, nor houses wherein to put their heads; and that had his power been answerable to his will, how much worse it would have been with the whole Nation, had the Danes, French, Lorra [...]nres, Scots, and Irish came to his Assistance; all which how earnestly he solicited their coming over, his own Instru­ctions to Cockrans, his Letters to the Queen, Montross and Ormond, suffi­ciently declare; Yet there are of you that d [...]re publickly say, that you are not ashamed to own his cause, and disown the Parliaments, which is no good sign of your eternal being, when [Page] you are known to glory in evil, and stand fixed in the defence of him, and a cause that was most unjust in the beginning, bloody (beyond exam­ple) throughout the whole managery, tragical in the end to himself, loss of honor, estate, and fortunes of most that sided with him; and should the Scotch Pretender come in, how much worse and more oppressive and more bloody it must be, I leave to your own consideration.

For a close, I wish you all better to bethink your selves, and take this into your more serious thoughts of the wisest of men; He that justifieth the wicked, and condemneth the just, even they both are abomination to the Lord, Prov. 17. 15. Then as you please, read on, and haply you may finde somewhat that will terrifie your consciences, or rectifie your judge­ments in your erroneous princi­ples, and turn the torrent of your depraved affections to a hearty com­pliance [Page] with the present Powers, as they are set over us by the hand of the Almighty, which doubtless, is the best and safest course you can take for your future happiness;

Which that you may enjoy, are the hearty wishes of an unknown yet your un­fained friend

The principal Contents of the fol­lowing Discourse.

1. OF the necessity of continuing the Contributions on the people, with the Reasons thereof.

2. Of the hopes wherewith Royalists flatter themselves in mending their fortunes, by bring­ing in the Scotch Pretender.

3. Of the States Power, and strength for upholding the present Government.

4. Of the difficulties which attend the Scotch Kings coming in, being to invade by Sea.

5. Of the parallel between the Hollanders case and this of the States here in their first establishment.

6. Of the miserable condition that of ne­cessity must befal this Nation, especially the City of London, in case the Scotch King comes in by the sword, with the consequences of changing the Laws, and constitutions of the old Soveraignty.

7. Of King James his plot, for abating the power of Parliaments, and improvement of the Soveraignty, by disowning them, furthered by the Bishops, and pursued by the late King.

[Page]8. Of the necessitated Reasons that induced the Parliament to cut off the late King, and to exclude his Posterity.

9. Whether the present establishment in the nature of a Republick, accompanied with the Taxes imposed on on the people, will not be more safe and less chargeable to them, th [...]n t [...]e ad­mittance of the Scotch Pretender to the Regal Government.

10. Of the grand objection of Royalists, that the late Parliament was not a legal Represen­tative of the people, after it was lamed, lessned by want of the King, the Lords, Prelates, and major part of the Commons excluded; An­swered.

11. That the Parliaments after the com­ming of the Norman, the Witengagoment [...] of the Saxons, and those magna Consilia of the old Britains, were not always of one form, but one and the same in substance.

12. Of the various alterations and changes of Governments throughout all Ages of the World, and that all Powers had their original by the sword, which once obtained, Whether by right or wrong, ought to be obeyed submitted unto, as the Ordinance of God.

Refractoria Disputatio: OR, The Thawrting Conference.

Thraso.

GEntlemen, you are all well met; I perceive you are as good as your words; but now Signiour Patriotus, tell me what is become of your late piece of a Parliament; have they not enacted hand somely to Act them­selves out of their usurped powers, by their injustice and self ends, without any respect either to the publick good, or any poor mans private interest? hath not God in his ju­stice dealt with them, as they did with the late innocent King, and all of us of his ser [...]ants? Tell me I beseech you what will be the issue of this inter-meddly of Government, and whether in the end, confusion will not neces­sarily follow these strange mutations, and ac­compt taken of them for their extortions, and [Page 2] corrupt d [...]meanors towards the whole Na­tion?

Patriotus.

I finde you are still in your old [...]one; but as in our last conference and elsewhere, I have often told you, so now, I shal not take upon me to justifie every of their actions; for they are men made up and com­posed of flesh and blood, subject to sin and error; and that the same God who gave them the power they have had, would as soon di­vest them of it, as (beyond all expectation) he bequeathed it unto them, in case they car­ried not themselves with an upright heart; As to those your Prophetical issues to follow in confusion, and of after-reckonings, may it be­fall them that deserve it; for my hope it, and I doubt not, but that Almighty God i [...] his providence, on this great change of affairs, hath another manner of work in hand then lies within your kenning to discern, and will raise us up such unbyassed Governors as shall set straight all obliquities, both in the Church and State, to his own glory and the comfort of all good men; therefore let me advise y [...]u, not to be too rash in your censure, on that whereof you are not able to judge, nei­ther de [...]cant on his judgements, which are in [...]crutable and past your finding out.

N [...]us.

But Patriotus, I remember at our last con [...]erence, you also were pleased to [Page 3] vent your self in the way of predictions, in­timating that we must expect worse calami­ties then heretofore we have endured, which as you then supposed, would of necessity befal the universal Nation, not onely in the continuation of the Contributions and Taxes imposed on the people, but in other grievous afflictions, which I prosess have ever since very much troubled my cogitations; for God knows we have all suffered too much already, and more then the ability of poor people can longer endure; though I confess, for any thing I can as yet discern out of the motions of the State, the Contri­butions must of necessity be continued, if not encreas'd, for maintenance of their Armies both by Land and Sea, and not unlikely will be long lived, and continued for a Prenti­ship, haply of seven years endurance.

Patri.

Yes, Neutralis, and longer then you imagine; for considering the work the States at present have in hand, within our in-works, to suppress the malignant Party; and in our out-works, for defending the Domini­on of our Seas, against the invading and in­grateful Hollander; we The necessity of the continuation of the Contributions of the people. cannot in any reason ex­pect any cessation or remission of our Taxes, but that constanrly they will be continued, [Page 4] if not encreased; and of this we have a president in the change of the Government in the Nether-Lands; where, on their revolt from the Spaniard, the States were enforc'd to raise their Excise on all things which the Natives did eat or drink, and to impose Cu­stoms on all sorts of Merchandize, either im­ported or exported; without which, they could never have been enabled to pay their Armies, and to wage war with so potent a Prince as the King of Spain, and that for 80 years endurance at least; which shewes out unto us what we are to expect, even a con­tinuation of our Taxes, and well it would be if we escape so.

Prela.

Its a fine liberty and freedom then, that the late Parliament and your reformers have procured to the Nation; and indeed Patriotus, I am of your opinion, that the States here (as you stile them) must of ne­cessity continue, if not encrease the Contri­butions, when as all the Kings Lands and goods, the Bishops and Delinquents Estates are sold and spent, and when the King comes in to multiply their charge, and en­force them for payment of their Armies, to take any thing (as often they have done) wheresoever the Souldier can finde it; there being but one only way left us to preserve the Nation from utter ruine and a final de­struction.

[Page 5]Neut.

I beseech you Doctor, what one way is that? I shall be very thankful unto you to shew me that learning, that so we may see an end of our miseries, and that such as my self (who never bore Arms on either side, neither had a hand in shedding of one drop of blood) might come at length to know the uttermost of our pain, and en­joy our wonted tranquillity.

Prel.

In brief Neutralis, 'tis the admission of the King to his Royal Rights; for without a King, and the restitution of the Crown-Lands, and the Churches Patrimony, never expect an end of our calamities, but an ever­lasting war, with the continuation of the Taxes, and oppressions of the poor people, so long as those innocent Princes of the Royal Line are unjustly kept out of their In­heritance; the example whereof we may see in Holland, very judiciously even now in­stanced by Patriotus, to whose judgement I appeal, as the readiest and surest remedy to cure the convulsions of the Land, and to settle peace throughout the three Nations, which otherwise is impossible to accom­plish.

Patri.

Doctor, give me leave to dissent from your Opinion, and in the first place, to remember you of that wherewith even now you and the Colonel taxed the Par­liament [Page 6] with, the oppressions of the people, wherein you over-shoot the mark without looking to the original causes and the rea­sons which have enforc't the States to impose those payments on the Natives, which are necessitated for keeping the poor people from farther bloodshed and oppression: 'Tis in part true, that in case the King of Scots could be as readily admitted as you speak it, and in a peaceable and safe way for the Nation, both in respect of the present and suture security, it might haply conduce somewhat toward a present settelment of affairs for a time, which would not be either long or lasting, but never disburthen us of our payments; for as the case now stands, on admission of any one of the late Kings Linage, he would doubtless on all opportu­nities have an animum revertendi, a minde to the old way, viz. to rule at will and pleasure, (an ambition inseparably united to the Sep [...]ers of all Kings, especially to these which claim successively and de jure Coronae;) so that in a short time, we should be in statu quo priùs enforc't to fight over again & again the old quarrel fo [...] preservation of the com­mon Liberty; Therefore I beseech you Do­ctor, consider well of the present condition wherein we are, together with the setled re­solution of the State here in being, which [Page 7] have not onely taken away the late Kings life, as the onely remedy left them to settle a firm peace; but farther have resolved to exclude his Posterity, a [...] not holding the Fathers blood either a sufficient expiation for the infinity of blood spilt throughout the three Nations, or the Royalties and Pos­sessions of the Crown, neither the Lands of the Bishops (which without all question were the grand sticklers and promoters of all our late concussions) a competent a­mends for the injuries and losses suffered by the three Nations, but in detestation of Kingly Government (whence through all Ages hath proceeded such numberless op­pressions and imbroylments) never to ad­mit of any more Kings; besides, you may take it in the way, what an essay the States have already made for the settlement o [...] an Aristocratical Government, in im [...]acion of the Romans, af [...]er their cuting of Tarquin us and his Posterity for Ty [...]anny; an [...] a [...] of later days▪ the States of Holland have done, and prosperously accomphshed; I app [...]al to your own judgement, (whether the King of Scots coming in by sorce of Arms or not at all) w [...]ll The destructive con­sequence of the Sco [...]ch Kings com­ing in by the sword. not plunge the Nation into an irreparable condi­tion? yea, into ten degrees worse then at [Page 8] present we are in? and that of necessity i [...] must be so, and can be no other; please you to have patience, I shail render you many infallible reasons, and such as I believe can­not be gainsaid; besides, 'tis well known, that the present Pretender is affected, haply infected with his Fathers principles of abso­lute Soveraignty, which will never sute with the genius of the States here in being, which have the staffe in their hands, with the Powers and strengths of all the Land at their only command, and for ought I can perceive, are both able & intentive to uphold the pre­sent Government, and so to establish it, that in mans reason its impossible to divest them otherwise then by a stronger power, which I believe lies not within the Scotch Kings reach to compass.

Prel.

Doubt not you of that; for the King is not so destitute of friends and means to accomplish his designs as you imagine; nei­ther am I of your opinion that the Kings coming in will make our condition worse then now it is; for worser it cannot be; but on the contrary, he will out of his in­nate goodness and compassion towards the poor oppressed people, relieve them in what possibly he may, and that by an act of Oblivion, all old grutches with the late dissentions shall be coffin'd up and forgot­ten, [Page 9] in his gracious and general pardon to all parties; And I am cleerly of opinion that there can be no safer and readier way to compose all feuds and differences to ease the people of their Contributions, and reestablish an everlasting peace throughout the three Nations, then the acceptance of his Majesty to be our King, as of right he ought to be, and as I doubt not ere long he shall be in spight of all his enemies.

Patri.

Doctor, I be [...]eech you, let us reason this case amongst our selves in moderation, and with patience, and let the first Quere be whether the States Government, as 'tis now setled, or shortly may be, with our present Contributions for payment of their Armies, wil not be more safe and easie for the people, then the Scotch Pretenders coming in by force of Arms to assume the Kingly Govern­ment; Since, by a peaceable and conditional way, I suppose, he will never be admitted; So that Doctor, without all question he hath no choice left him, but that of the sword, and then judge you of the issue, and into what a lamentable condition the poor Na­tives will necessarily be reduced, when the right of the crown comes again to be dis­puted on English ground, the king (as you would have him) being personally pre­sent; And after this Quere, Let us compute [Page 10] the hopes, helps, strengths, and assistances, whereon both parties may dep [...]nd for sup­port of each others cause; For one battel either by Sea or Land, happily will not de­termine the controversie, as twas conceived by some, that one battel (as that at Edghill) in the begining of the late wars would decide the business, which proved to be like the pul­lulation of the Monster Hidra's head, which begot others in infinitum, and when the late King was in person in the head of his A [...]my. Of the hopes, assistances and Forces which the Scotch King may have to recover the Kingly Government, compared with the strengths the States have to main­tain the present Govern­ment, argued on all hands. I say then, Let us make an [...]stimate of the forces and assistances of each party; which on a due examination, and on consideration of that which must ne­cessarily follow, when at once (as we may conjecture) two, four, or happily six several Armies may be in the field, will be so far from easing, or d [...]sburchening of the people, that what by free Quartering, and inforcing of contributions by one or the other party, that the Natives will curse the time that ever your King came amongst them. Now Gentlemen, do one of you tell me, what Forces and Assistances (as you conceive) the King may have or presume upon; for I [Page 11] believe he will come short of his expectation in receiving any considerable Assistance, either from the Scotch, or Irish, and then I will tell you, that which all men and your selves do know to be most true, what the States here have, and may have, as well in their present power by Sea and Land, as by their Politique managery, in fastning friends unto them, whereby to make good the present establishment: Colonel, You being a Souldier, and (not unlikely) having better Intelli­gence, from abroad, then any of us, what preparations the Scots King hath in forraign parts, what friends at home and elsewhere, begin you if you please, and I will rejoyn.

Thraso.

With all my heart; In the first place I'le assure you, that since the death of the late King my Royal Master, his Majesty that now is, whom the States here would ex­clude, hath ten friends for one, more then he had before, thoughout the three King­doms; so much your States have gotten by the bargains in Martyring their King: neither ought you to believe, but that the King hath both in Scotland, and Ireland, a very considerable party that will joyn with him as soon as he arrives, and not a few even in the City of London, which expect a good time, though they lie still and quiet; however the King hath their hearts, and will have their [Page 12] hands on all fitting occasions; Besides, He hath at his devotion all the Catholikes, and most of the Clergy of England, with all the Lords, so lately and Injuriously thrust out of their house, together with the better part of the Members of the Commons house, pul [...]ed out by the ears, by the Independent Soulde­ry, all which refused to take the Engagement, and when time serves will appear in Arms for him, besides all the The Scotch Preten­ders hopes in assistance for recovery of the Crown, summed up. old Royal party Banish­ed the Realm for their fi­delity to their old Master: Thus much for the ayds and assistances his Majesty may relie on from his own Subjects; And as to his forraign assistance, you may rest assured that all the Princes through Christen­dom (when the time serves) will engage for him, since it stands them upon so to do; Neither may you doubt but that all the Princes, his neer Kinsmen, and Allyes will furnish him plentifully with all sorts of Am­munition, and the Hollanders with shipping, so soon as they have mastered the Seas, and made all things ready for an Invasion; for be­lieve it as an evident truth, that in the present quarrel by Sea between them and this State, the Kings Interest is involved, and will be pursued, notwithstanding their late brush which they reckon not of, neither of a few [Page 13] inconsiderable Ships, they having enough of others to recrute in a trice; so that you may evidently see, that as soon as time serves, the King cannot want men: and for mony, good Swords and Pistols will fetch it in with a ven­geance; Whence you may discern what an unwildy task the late piece of a Parliament, and these new sprang-up States have under­taken, and what will necessarily befall them, through their own divisions & when the King appears in power, (as of that you may be sure, he will sooner then you think on) then you shall see a world of the Parliaments friends to fall from them, & for their own sakes will fight for him; and probable it is, that a good number of the States Souldiers, now in their pay, on his Majesties landing (with another manner of equipage then all of you are aware of) will run from them to him, with all their hearts as their indubitable Lord & Soveraign.

Partri.

Colonel, you have indeed suc­cinctly summ'd up what Forces (as you sur­mise) the King may have and expect both at home and from abroad: wherein you are very much mistaken, and do reckon without your host; you speak rather what you would have, then in reason what the King can have: still discovering your malignant heart, and flattering your self (as most of your party use to do) with vain and imagi­nary [Page 14] hopes, not considering how the late King, notwithstanding all his wyles and at­tifices, fail'd in all his designs and practises, and at last, brought him self and his friends to utter ruine, to the great detriment and desolation of three Kingdoms, still soothing up himself with the goodness of his cause (which was as bad as bad might be) to the last gaspe; neither take you the least notice of Gods providence in the disposure of this wonderful work and change of Affairs, nei­ther the continued series of the many mita­culous Victories which it hath pleased God to give to the States Armies, wherein the very hand of the Almighty is most perspi­cuous to all good men; but to you and your complices hidden and unseen, even to obdu­racy and hardning of your hearts. The hea­then Poet methinks should teach you, Quos u [...]lt perder [...] Jupiter dementat, whom God intends to destroy, he blinds and hardens them as he did Pharoah. But Colonel; I b [...] ­seech you, on your better consideration, tell me what assistance can the Princes the Kings kindred afford him, were they able and willing to ayd him? and in what Region are they, and The States power and strengths at present. in what Climate we? are we not both severed by the vast Ocean? I shall tell you a story, and of one [Page 15] of the greatest Princes Christian of his time, even the Emperour Charls the Fifth, who on a defiance sent him by Henry the Eighth, made this Answer to the Herald, Tell my Ʋncle from me, he talks big, and like the Fox in h [...] burrow when he knows himself in safety, so your Master environed with the Sea, but were he on the Continent, happily then he might be talkt withal on better terms then he sends [...]e: You may gue [...]s at the application. What hurt I pray can the Kings of France, Spain, Por­tugal, Denmark, Sweden, with other the Princes of Germany do to this State (in hu­mane judgement) as 'tis an Island environed with the vast Ocean, provided with all In­struments and Abiliments of War both by Sea & Land [...] could their own domestick wars, jealousies, and differences give them leave to attempt against this State: Which without doubt is backed by the power of Heaven, had you the grace to see it, & therewith to call to mind in what strength the late King was but 1645, and of how many strong Garrisons posseft, and what Armies, (almost) in every County of the Land; how many of the Nobi­lity & prime Gentry in every Province at his devotion, how powerful in Scotland and Ireland? and yet within 15 Moneths beaten in all places, his many Garrisons and him [...]elf taken. Look upon the attempts of his Son, [Page 16] whom all of you so much adore and desire, that he would pursue his obstinate Fathers quarrel to the further destruction of the Na­tives; look upon the Scots beaten under Ham­bleton with the whole Nation, by the now Lord General Cromwel; and Ireland likewise reduced by him, and the King himsef with his powerful Army beaten to flitters at Worcester; the Hollanders at Sea; and yet all of you of the Royal Party still flatter your selves with vain hopes, by re­embroyling the Nation in a new War, which can be to no other effect but to the ruine of your selves, in kicking against the pricks, and the immediate hand of the Almighty. Now Colonel, I shall tell you particularly what the States Forces are at present, and what a posture of defence and offence they are in, and will be on any In­vasion from abroad, or rising at home; First, they are possest of all the Forts, Ports, Castles, and Ammunion of the Land, toge­ther with a very great Naval Force, and as occasion requires, more they may and will have; the whole revenue of the Nation be­ing at their command; Moreover, they have a very great veteran and Victorious Army, ready disciplin'd on all occasions, under their pay, and maintain'd at the Natives charge, all the Commanders and Souldiers inured to the Wars, and as I may say, of one Cor­poration [Page 17] and fraternity, such as knows each others minds, and what they are to do on all Invasions and home-bred disturbances; and this is obvious to all men, and known to your selves, when as all those numbers you speak of to be here for the King hand and heart, yet is it evident they will never be able to imbody to any purpose, but will be cut all in pieces whensoever they attempt it, and that by the States horse dispersed throughout the Land: Again, You must of necessity admit that the Scotch King can never make his preparations so silent, but that such is the vigilance of the States (where­soever his rendezvouz shall be) but that they will have particular intelligence thereof, and will be ready with a powerful Fleet to impead the transport of any considerable Army so soon as it puts out to Sea, and to fight or sink them before ever they shall set one foot on English ground; and sup­pose his Naval Forces be never so great, without all question, the States Flect here will be every way equivalent; so that on a right judgment to be made, the Scotch King hath a far more difficult task in hand (being to invade by Of the difficulty that the Scotch King bath to in­vade by Sea. Sea) then any of us can ima­gine: Besides, you may re­member what numbers of the [Page 18] Gentry and Yeomandry of the Land are tied and fixed to the States, and most of the Com­manders and Troopers which have bought much of the Kings and Bishops Lands, are all bound to fight as well for the Venders in­terest as their own; so that you may be sure they will rather stand to the work for their own sakes, then run to the King to their own undoing; now besides all this already recited, I pray take into consideration, the terror which the late sequestrations have im­prest on all Delinquents and adherents to the late King, with the present poverty and de­jection of all that party, which both disables and disheartens them to arm in the behalf of a King that eats no other bread then that of Alms-deed: Tis true, there is a numerous party in the Land both of close and open Malignants, some whereof (answerable to their old humour) will talk big and at large in the Kings behalf; but to fight afresh for him, they will be very cautious, especially those which have any thing left them to lose, and when they very well know how many Watches and Sentinels attend their motious th [...]oughout all corners of the Land.

Prelat.

Its most true, that the King hath a very difficult task in hand for the recovery of his rights, (oeing to inwade by Sea) if we reason ad captum humanum, according to [Page 19] mans understanding; but 'tis far otherwise, when we come to consider what God will do, who never forsakes the righteous cause, but in his own good time never fails to re­member and help the afflicted, when they least think on't and when; he that knows his own time will confound the wicked, and such as most impiously have intruded on the Regal Rights, with the administration of justice to the people, which with what equi­ty they measure out unto them, your own knowledge and the clamours of many an ho­nest man can best restifie. Now as to your late instance in the Hollanders revolt, and with what success they encountred so power­ful an Adversary as the King of Spain, worsted him and established their Aristocra­tical Government, and in humane reason have so fortified it that they seem impregna­ble; between this case and the late Kings there is a great difference; for as your self hath observed, the grounds and reasons of their revolt first sprang from the impetuous demeanor and Tyranny of Don Alvas de Toledo, who as Lipsius reports, in that short time of his Vice-Roy-ship, put to death and massacred [...] not so few as 100000 of the Natives, amongst which the Counts Egmont and Horn, with others of the Nobility, were the chief which withstood his Tyranny, and [Page 20] stood up in defence of their immunities, which the King of Spain by power would have taken from them; which was a just cause given to the people to revolt, both for safegard of their lives and priviledges, which the four great Dukes of Burgandy suffered them to enjoy; so that on a right understanding of the Hollanders case, which was just and but reason, that when they could not obtain right from the King upon their many Petitions and complaints of the Tyranny of his Ministers, they could do no less then endeavor the preservation of their lives and fortunes; And therefore un­der the conduct of the Prince of Orange, they seized on divers of the strongest Towns, and the people unanimously fell in with the Prince, and ever since manfully and fortunately have defended themselves. But in the late defection of the English with the Parliaments raising of Armies against their Soveraign Lord, there is no manner of simi­litude with that of Holland, or any such cause given or ground of the peoples defection; since I presume you will confess that not so much as one guiltless man (during all the late Kings raign) hath been put to death, unless you object and instance in those which by the fatality of the late War befel both parties, which you know to be no other then [Page 21] fortuna de la gu [...]ra, not the Kings Tyranny or the least desire of his that a drop of innocent blood should have been spilt; and that which was, was in his own necessitated defence. But I pray take the case as now it stands be­tween the present King and your States, then you may soon see the difference; for in con­firmation of the Collonels assertion, I dare affirm the King hath ten friends for one to those on whom the States may rely as firm and fixed to them since his late Majesty was put to death; and that major number, (you may be sure on' [...]) are all his in body and soul, and do utterly detest that his Royal Father and [...] himself should be so unjustly cut off and excluded of his birth-right; and by whom think you, but by an inconsiderable part of the representative, the Souldiery, and a handful of the people theirs adherents? and therefore I say, that the King on a right estimate of his party, upon the least turn of the wheel will have a surerer and a stronger side then possibly the States here can have.

Patri.

Doctor, in this your last reply, I observe some notable particulars; first you approve of the justness of the Hollanders de­fection; yet you say, that it parrallels not with this of the States here and change of the Government; the reasons you have given [Page 22] for justifying the Hollander, I confess are most true, self preservation being just and allowable by Gods Law and mans; But that now you should defend their cause, which none of your said party ever did till of late, is somewhat strange, unless it be for that (as you believe) they are secretly engaged in the Scotch Kings Cause; and yet you condemn the late Parliament for de­fending themselves and their liberties against the late Kings Tyranny, which you shameful­ly endevor to excuse, and would quit him from all blood-guiltines [...]. To which I answer, That had you thought upon your own in­stance of 100000, of the Natives massacred by the Tyranny of the Spaniard, it would have put you in minde of a million of people throughout the three kingdoms slain and murthered, by the meer Tyranny, Plots and practises of the late King, of which you take no notice, but after the wonted manner of all Royalists, you justisty his innocency; so that to the worlds-end you give occasion to the Parliaments party to rip up the faults of the dead, and cause them to display all his Falshoods, frauds, breaches of Oaths and Protestations: But as to your assertion, That the major number of the people here, are for the Scotch Pretender in body and soul, is in part granted you, yet therein you ex­tremly [Page 23] delude your self; for the odds in that major number will little advantage him or his party, since the major power lies evident­ly in the lesser number which are for the States; what then? will it avail a prince (unexperienced) to lead a great yet an un­disciplin'd Army, against a lesser number but well disciplin'd, valiant and armed Souldi­ers; though you cannot be ignorant that the States Armies are very strong and nu­merous in all the three Nations. As to your denyall of the similitude and parallel, I say on the same reasons that the Hollanders took up The Hollanders case and of the States here al [...]ke parallel. arms in defence of their liberties, the people here did the same for defence of themselves and their Representative; so that the parallel on the actions of both States holds and is alike, save only in the [...]nanimity and univer­sal promptitude of the Nether Lands in their joyning and uniting of all their Forces, with the Princes Orange. retinn [...]e; tis most true, the parallel in this holds not so ful­ly; for I must confess the State of the mat­ter and manner of the revolt of a part of the people from the late King is different, & re­mains doubtful what may fall out in the issue, in respect that the other major part of the people are conceived still to wish well to his [Page 24] Son the present Pretender, and that all the three Nations stand in a kinde of distracted condition, in regard that they are divided into parties, sides, factions, fractions, fects, schisms and opinions, which I acknowledge may sooner mar the work of the States now in being then they are aware of. But in a word more to the point, that the major num­ber of the people are for the Scocth Pre­tender, I say again, that that number consi­dered as they are a naked, awed, and dejected bulk of discontented animals, signifies little or nothing, compared with that power of which the States here are possest; neither in humane reason can we see how or by whom they can be dispossest. But let us on all hands suppose that the present Pretender shall land again in England or Scotland, (as of late he did, where you know he was beaten, there, and at Worcester, and forc' [...] to fl [...]e for his life;) again, suppose he comes in with a n [...]merous Army of French, Dutch, Lorrainers, Germans, Sweeds, Dants, together with all the prescribed Cavaleers, and all these united with a good party of Scotch and Irish, admit them to be in all 60000 fighting men (which will be too great an Army to be transported without a very powerful Navie) such num­bers you'l grant cannot stay long there, un­less they mean to eat one another; well [Page 25] then, you will say, they may instantly march into England, (as of late they did) and not unlikely in two or three several bodies, and in divers ways, the more to distract our Ar­mies; where you ought to remember that this State hath both in Scotland and the adjacent parts, a very considerable force to encounter these Invaders; but admit again, that the King advances so far as York, though you cannot imagine but that he will be fought with twice or thrice over before he comes thither with fresh men, and not unlikely re­beaten, as at all places he hath been; but let us again admit that he s [...]rmounts all difficul­ties both by Sea and Land, and becomes vi­ctorious, and triumphantly marches towards London, and that the States Force cannot withstand him, and that on the noise of such sad news, the prevailing party (as you are pleased to stile them) being confound [...]d with terrour, betake themselves to their heels as their ultimum refugium, and the best way to shist for themselves, and that after this, all is left to the Kings absolute disposement, (as all this not impossible, but exceeding impro­bable,) what then, on such sudden change of fortune think you, may be the issnes thereof, and what advantage either to your party or the generality of the people, and all Coun­tries through which his Armies shall march [Page 26] and Quarter, accompaned with so many Na­tions dive [...]sly affected?

Prel.

I confess the people must ne [...]essarily suffer, and haply in a greater measure then hitherto they have done; yet am I confi­dent, his Majesty will be very sensible of their sufferings, and in prevention of their farther oppression, and for settling of all things, will immediately call a new Parliament, and re­duce it to the antient Form and Institution of the three Estates, King, Lords Spiritual and Temporal, with the Commons, and then commit all things to a sober, legal, and Parli­amentary discussion; and in what manner re­stitution may be made of his own Lands and goods, the Churches Patrimony, with the many other loosers of his own party; and after all this, in detestation of the foulness of the late War and bloodshed, to bu [...]y all discontents and heart-burnings (as Judge Jenkins very j [...]diciously proposes) in an Act of Oblivion, with free pardon to all, except some special persons that had a principal hand in his Fathers death, and for all other of his Subjects, to spare and cherish them in what possible his affaits will permit.

Patri.

Doctor, excuse me, since I utterly dis­sent from your opinion; for it stands not with reason, or with the Kings then present affaires to take a piece of that course, which [Page 27] you suppose; and should he be willing, there would be so many of the old Cavalry attend­ing his person, as well Natives as Forraigners, which would thrust in to be served and grati­fied, that he should not be suffered to put in practise a title of that which is by you so vainly surmised; but you may build upon't, he would take a clean contrary course, and such a one as the necessity of his then urgent occasions would inforce, and not tie up him­self to his own disadvantage by an Act of Ob­livion, which necessarily must disable him ei­ther to help himself or friends, when the power is in his hands to do what he pleaseth, and carve as he listeth.

Prel.

Since you are so diffident of his Ma­jesties good nature and intentions towards his Subjects, tell us I beseech you, what you conceive he will do for the speedy settling of peace and amity through the three King­doms.

Patri.

May I obtain your lice [...]ce, and a favourable construction of that which I shall deliver, I will tender my opinion, and leave you all to make your own judgments thereon: In the first place, I believe that whereas then he comes in by the sword, in order to his necessities he would rule by the sword and by an Army, with Garrisons throughout the Land, (as now the States up­on [Page 28] the point do and must do, if they mean to go through stitch with their work) and thenceforth begin a new Government (as in like manner the States here intend to do) the Laws of the Land (which under the present power the people yet enjoy, as they were wont to do in quiet and peaceable times) would necessarily be subverted and turn'd topsie-turvie, and such introduced in their room as should best sute with the will and pleasure of a Prince that comes in by Conquest, and by the same power will have them to be no other then agrees with his Affairs and resolutions, or as they are in France, if not worse and more absolute, where a single paper signed under the Kings hand hath the same efficacy as an Act of Par­liament in England: and in order to this, you must expect that his mercenary Souldi­ers must and would be remembred: If you demand in what; I answer, with the whole plunder of London, as the readiest means to give them all content for their service; and if this seem strange to you, I pray call to minde, that in the late Kings time when no occasion of wars or raising of Armies in any reason were necessary to be levied, but such as our late Grandees, the Earl of Strafford, Canterbury and Cottington would have to be raised against the Scots; that Earl spake it [Page 29] openly at the Councel-Table 1640, and to no other man then the Lord Mayor Sir Hen­ry Garway, and others of the Aldermen upon their refusing to lend the king 100000 l. for the Scotch War; It will never do well, (says he) till the King hangs half a dozen of you Aldermen, and then put the whole City to ran­some: Which was proved against him at his Arraignment; neither did the king forbear the seizing of the Mint for supply of that needless War: so that 'tis evident when Princes have power, they will make no scruple to act any thing that conduceth to their designs, or to take all things where they can finde it, as 'tis well known he did in the late barbarous War; neither will it be impertinent to put you in remembrance of another instance of this kinde, when at or before the beginning of the War, the king took his journey towards Scotland, and over­took the Scotch Army in their march home­wards 1641, where he dealt with the princi­pal Commanders to turn head on the Par­liament, in reward whereof they should have the plunder of London, with Jewels for security; an overture which some of them were not so dishonest as to conceal, but gave notice thereof to the City and their own Commissioners then here residing: Now, if you farther demand, What the present [Page 30] Pretender would do in the pre-supposed case, I shall again answer you, that in reason of State (which with Kings and Conquerors hath an Of the miserable con­dition that will befal the Nation, especially the City of London, in case the Scots Pre­tender comes in by the sword. immense latitude) he would and could do no less, then to take present order for the satisfaction of his Country-men the Scots, as also for gratifying the proscribed and fugitive Lords, Cavaleers, both English, Scotch and Irish, which first took part with his Father, and in this supposed Conquest, joyn'd in ayd of himself; so that the estates of the Parliament Members would be much with the least to make them all compensati­on for their services and losses sustained by Seisures, Sequestrations, & many total Confis­cations; nay, you may rest assured, that there would follow upon such a Conquest, a more exact and rigorous search for Delinquents estates against the king, then ever the Parlia­ment made for Delinquents against them; and you may build upon't, that not a com­mon Souldier, whether Native or Stranger, but would press the king for some consider­able recompence for his service; Insomuch that there would necessarily fall out such a strange change of affairs, and so much op­pression of the people above that which we [Page 31] now suffer, as that it would amaze the uni­versal people to look upon the miseries which would befal them; neither ought you to esteem of that ridiculous surmise of Judge Jenkins, annexed to the conclusion of all his jugling fragments, to wit, that the late kings Act of Oblivion would have been the readi­est and onely way both to reconcile all dif­ferences, and (as he infers) settle peace throughout all the three kingdoms, that be­ing a subtil kinde of begging the Question, and onely for his own private ends, having a tacite relation to himself, though craftily umbrated under the vail of the common good, and in a cunningness to endeer the Souldery to him, with a super-indulgent seemingly Of the juglings of Judge Jenkins in Lex terrae. care he pretended to have them paid by all means; when the crafty fox only intended his own indemnity, in freeing himself of all debts, acompts and moneys, trusted in his hands, and for many years most unjustly detained from the right owners Mr. John Earn­ly by name of the county of Wilts.; you may take it in the next de­gree of an article of your faith, that the king com­ming in (by the way of the sword) cannot (for the reasons alledged) be so prodigal of his grace, as to spend so lavishly on the stock [Page 32] of his new gotten Conquest, to grant a piece of an Act of Oblivion; for farther proof whereof, I pray remember, that when the late king, after the battel at Edge-hil, fortified Oxford, and as then (to most mens judge­ment) was in a sairer way to carry all before him, there was not any debate in that mun­gril Parliament (as the king in his Letters to the Queen calls them) that pleased him, and glad he was to be rid of the tumultuous mo­tions there made unto him; for even that Conventicle composed of the Fugitive Members of Westminster (plotted by himself) had not the right measure of his foor, but in a confused and streperous manner fell al­ways athawrt his inclinations, which were secrets he meant not to discover but to such as could guess at them, and comply with his designs before himself came to disclose them; and such as had that faculty, were the best instruments for his turn; and believe it Gentlemen, he was too dark and cunning a Prince for any that he ever imployed; & cer­tain it is, could he then, or at any other time have destroyed this Parliament, he would have altered the Government, and hanged by de­grees most, if not all the Members, together with all their adherents, and consequently to have made use of their estates as the exegency of his affairs then required, to gratifie [Page 33] such of the Nobility and Gentry as he had befool'd in, to side with him, though to their own loss, and that of the universal Nation, and this was well known to all men of an ounce of wit, that made any resort to his Oxford Garrison, as it hath been openly confest by some of his chiefest Comman­ders Colonel Leg and others., and of greatest trust about his person, since the rendition of that City, and in this particular I appeal to you Colonel, who then waited on his Majesty.

Colonel.

That which you now avouch Patriotus, is a known truth, and the king in reason of State, and in reference to his own profit, and the designs he had in hand, as also for our sakes which stood to him, would do no less then change the The change of the Laws and Govern­ment, which of ne­cessity would follow a Conquest. Laws and the Govern­ment, but especially to quit himself of all Parlia­ments, which throughout most Raigns have been so cross and oppo­site to their kings; and so to any Act of Oblivion after a Conquest obtained, and that then a general pardon should have been granted to all sides; the Judge was out of his sphear and pratled like a Parrot; for admit that the king should so much over­shute himself, as to grant an Act of Oblivion, [Page 34] in what a condition should we of the Souldie­ry be? what then could we expect in re­ward of our service, (which for his late Majesties sake and the Kings that now is, or shall be in spight of the Devil) have haz­zarded our lives and fortunes? Sure I am, my late Master, not onely promised me, but granted to divers of us his Commanders, such and such Parliament mens estates; yea, and o [...] Witness Colonel Gunters estate of the County of Pembrook, and divers others. Delinquents, both Lands and Goods; and you may be sure, more he would have given had he obtained his ends, then all of you are aware of; and I doubt not, but that his Royal Successor in good time will do the same as his Father intended, so soon as he comes to be invested with the Septer; other­wise, he would be the most ungrateful Prince, most deficient and wanting to him­self, that ever was in the world? Nay, rea­son perswades me Patriotus to concur with your opinion, as touching this treacherous City of London, from whence the Parliament in the very beginning of the War had their only assistance, and were first enabled to wage War with their King, which I hope his now Majestie will never forget, whensoever he comes to be Enthroned, and then I doubt not, but to have a good shane of the [Page 35] Citizens money, Gold Chains, Rings, Plate, Jewels, Silks, Satins, Velvets, Of the implacable batre: the Cava­leers bear to the City of London. and that in plentiful measure, since I have taken special notice that they bequeathed not all their Riches to the Parliament; some I am sure, and that good store, are left for such as better deserves them, then such Mecanicks as knew not how otherwise to use their goods, then to the de­struction of his Majesty and the Kingdoms detriment.

Patri.

Colonel, I profess I am bound to honour you, for that you have candidly and like your self spoken the truth, and what in reason (in such a case) would befall the City, not onely in the total plunder there­of, which will be much, with the least to satis­fie such a multitude, both of Natives and Strangers; neither can it sink into my un­derstanding, that the ransacking of the City will be the worst that may befall it; such an implacable hatred do you of the old Cavalry in general bear towards the Citizens, that if God ave [...]t it not, in all probability the whole City will run the same fortune with Sagun­tum in Spain, Carthage in Africa, and Jeru­salem in Asia, and this fate the Cavaleers themselves have often in my hearing wisht unto it.

[Page 36]Neut.

Gentlemen, your divinations seem strange to me, and they very much trouble my cogitations to hear you talk in such hor­rid language; I hope you believe the King of Scots to be a Christian, and not that he will destroy himself, which will be as good as done, whensoever so great and oppulent a City becomes ruined, which is the key of the Kingdom, and from whence issues the greatest Revenue and Income the Kings of England have ever received by Customs and Imposts from the Merchants; but more especially, since he cannot be ignorant that he hath within this City a world of loyal Subjects, (as I my self for one) which never bore arms against his Father, nor voluntarily contributed to the Parliament one groat, otherwise then needs he must whom the Devil drives; therefore I doubt not, how­ever the game goes, he will remember his friends, and distinguish them from his foes.

Patri.

Excellently well infer'd Neutralis, it seems then you conceive your self safe and sure, for that in all the late Wars you have carried your self in a neutral way, & according to the old adage, bene vivit qui bene la­tuit, he fares best that keeps himself close and out of the scuffle. But suppose the King after his Victory and march, comes to [Page 37] be possest of the City, accompanied (as that you may believe) with four or five several Nations, can you imagine that so numerous an Army attending his person, will or can Quarter elswhere then in the City, and when they are there, think you not but that the Souldier will have a minde to the business, viz, to take A continued descrip­tion of the lamenta­ble effects that will [...] besal the Nation in the case aforesaid. up their pay out of the ransacking of the Citi­zens, and that without any distinction of persons? haply you con­ceive that the King out of his Grace and good will towards his friends, will cause a mark, or some cross to be set up at their doors, whereby to difference his loyal Sub­jects from those which assisted the Parlia­ment, and took up Arms against him and his Father. No Neutralis, let not such a Chi­maera enter in your thoughts, when you shall finde your imagined cross to be no other then in so promiscuous a plundring, that your self or any others of your mode shall escape scot-free, or that whensoever the Souldierie falls to riffling, think you, any of them will be so nice and mannerly, as to for­bear any that lies in the way of their fury, or that in such a confusion, the King himself (were he willing) can stay them, which a­fore-hand are prompted to enr [...]ch them­selves [Page 38] with a booty, which lies so readily be­fore them, or that the Souldier will be so modest as to omit so fair an opportunity, and suffer the Citizens to convey their cash and commoditities out of the way of their needy, and greedy clutches: Let me I beseech you di­spute this case a little farther with you, for rest assured, that not onely those which had a hand in his Fathers death, (whom long since he hath doom'd to death and confiscation by his own D [...]clarations) but even all those which assi [...]ted the Parliament, or stood neu­tral, will necessarily sall into the number of plundred persons, yea all such as at the begin­ing of the War took up Arms, and were listed under the Earl of Essex (which indeed were the first that broke the Ice, and made the way open to the new Model under the Lord Fairfax, and the now Lord General Cromwel;) Do you think that any of those of the first establishment, which laid down Arms when the Lord General Essex layd down his Commission, divers of which, either before or after have been chosen Par­liament Members: and were known to be bold speakers in the behalf of the late Kings re-admission to the Kingly Government, will or can escape? If you conceive they will, your imagination is vain and reasonless, since it stands not with reason of State, or [Page 39] the Kings necessities to lose the least grist that otherwise may come to his wanting Mill: Moreover, you may be sure on't, that in order to all the premised plundrings and confiscations, you shall finde all rich men, or so accounted, will be cal'd to an after recko­ning, and holes pickt in their coats (of what party soever they have been) to the end to supply the Kings great debts and urgent ne­cessities; for who knows not, but that he hath borrowed much, and yet wants more then can well be Of the fearful consequences that attend a Con­quest. imagined, and that having the sword in his hand, he will and must have money wheresoever it is to be had; and then believe it, the next bout will be a strict inquisition, whom they are or have been, which have taken the old Covenant, and the new Engagement, or have bought any of the Crown-Land;, or goods of the late Kings, the Bishops & Delin­quents estates; and in order to this pro­gress, a rigorous inquiry will of cou [...]se fall in, who they are which the Parliament hath employed, as actors and inst [...]uments for the promoting of their designs, whether in the City or elsewhere in the Country; neither may you doubt on'c, but that all the Judges, Serjeants at Law, Officers, Clerks of the Crown and Chancery, Sheriffs, Justices [Page 40] of peace, Commissioners, Committees, with all other inferior Clerks and Officers, whom the Parliament have employed throughout the Nation, acting by, and under their power, will by degrees be fetcht over and enforc't to come off with greater Fines then possibly they are able to bear, and this (in part) was put in practise by the late Kings Commissions thoughout all his Quarters, and wheresoever his Armies had prevalence, when he resided at Oxford and elswhere; and enough there will be, which will not fail to instruct and inform this King, that all the riches of the Land, (saved from the spoyl of his Father) will not be sufficient to make him satisfaction for the infinite losses which the Crown hath sustained since the beginning of the late War, and to recom­pence such as have suffered by taking his part.

Thraso.

Signiour Patriotus, dam me, if all that you have now said be not Oracles; and the King ought not, or can in honour do less then that which with well measured reason you have declared, and in case he doth it not to a hairs breadth, I shall take him not to be so wise as he should be; for in confirmation of your opinion, Ile tell you a story, and 'tis a true one, on my life, and the reputation of a Souldier, that all of us at [Page 41] Oxford concluded This is a known truth, and hath been often aver'd by many residing at Oxford 1642. when to all mens think [...]ng the King was in a sairer way to have carried all before him. that after the destruction of the Parliament, the King un­doubtedly was resolved both to alter the Laws and change the Government, hang all the Parliament men at Westminster for high Treason, and then banish all the Puritans in England; and next the de­sign was, to take the same cou [...]se with the Presbyterians of Scotland, (as the greatest Enemies to Monarchy and Episcopacy in the World;) and if ever the King comes to be Master, and in the way, wherein I doubt not but he shall be with the sword in his hand, and we of the Cavalry at his heels, if he hangs not ten thousand of these Puritans, Independants and Presbyterians, I shall for ever hereafter judge him uncapable of the managery of any other Scepter, then that of a sweetch or an hon [...]st riding rod; and be confident Gen [...]lemen of the truth of this Story, in confirmation whereof I remember, that my Master commissioned the chief Justice Heath, the Atturney Harbert, with divers more of our Lawyers at Oxford, to go in their Circuits (as I remember they cal'd their Commissions of Oyer and Terminer) with Authority to hang all those (as they [Page 42] well deserved) of the Parliaments party, but a pox take them, they were so much afore­hand with us of his Majesties party, that the King was compeld to The reasons of the late Kings withdrawing of his commissions of Oyer and Terminer. retract his Commissions, for saving of such of his own party, then in the Parliaments cu­stody; though one Francklin, whom I took prisoner at Marleborough, and one Sir Hugh Owins, Bur­gess of Haverford-West, both Parliament Members; the first whereof indeed dyed in prison at Oxford before his Tryal, but as to the other, I well remember he was design'd by the King himself to be tryed in his own Country, and for High Treason; however, as afterward I heard, he escaped the halter, but no otherwise then for the reasons before told you; moreover, I am confident, that if his Majesty that now is comes once to ride on the fore-horse, he will not fail to make sure work with all The late Kings design to quit himself of all Parliaments. Parlia­ments, and that neither him­self or Successors shall stand in fear to be farther con­trouled by them, or made slaves to their Subjects.

Prel.

Gentlemen, you have all spoken according to your fancies and affections; sure I am, 'tis very fit that restitution should [Page 43] be made, where estates have been been injuriously taken from the right Owners, and services rewarded by him for whose use and benefit they were performed; and 'tis Divinity, That the Labourer is worthy of his hire: but in case the King cannot come to his own other­wise then by the sword, I say, that such as shall assist and enable him to obtain that which no man can deny to be rightsully his own, ought in all equity to be recompenc't by some means or other, for as the present condition of the King now stands, I see no other means left him, but by seisure of the Parliaments estates, and plunder of the City, from whom my late innocent Master re­ceived his bane, and the Parliament the means both to furnish and maintain an Army against him at an instant.

Patri.

Pardon me good Doctor, since I perceive you somewhat mistake me, for I say not, that in case the King comes in by the sword, he then ought to ransack the City, but that of necessity he will be compel'd to do it, otherwise the Souldiers will of courle do it of themselves; since 'tis well known to be the design of the Royal party both at home and abroad, to be revenged on the Citizens whensoever opportunity serves them; for 'tis confest on all hands, that in the beginning of the War, they voluntarily [Page 44] came in with their moneys, jewels, and plate, and trusted it on the publick Faith, without which, on an instant the Parliament could not possibly raise and pay such an Army as they did; and there is no doubt on't, that in case the King shall make scruple to plunder the City, yet am I confident he shall be sufficient­ly prest and invited to do it, or at least to impose such a ransome on it, as the Citizens shall never be able to undergo; but God forbid either of them should be put in exe­cution.

Thraso.

Now Patriotus, I perceive your meaning, but what you would not should be put in execution, rest assured, If I can help it on, it shall not be left undone; and I farther say, that in case any such oppor­tunity shall be offered, God forbid it should be omitted.

Neut.

And I am glad, Colonel, I know your good meaning towards the City, but I hope God will so provide for us (as hitherto he hath done) that as yet we have not tasted of those cruelties which you of the Kings party have committed in several parts of the Land, whereby you have made the Kings memory odious to the present times and future; so I doubt not but the same God will preserve and defend us from your malice: But I beseech you Patriotus, may [Page 45] there not some way or other be thought upon to admit of his Majesty (who now is) on safe and honourable terms, and such as may sute with the security of the Na­tion?

Patri.

Surely, in my poor judgement, as the late King, and present Pretender hath handled the matter, there are no hopes left to any of that Family, by a peaceable way to re­invest themselves with the Regal Digni­ty, but onely that of the sword, and then I have already told you in plain English, what in all probability will be the sad issues; either continual attempts made on the present power by the Pretender, or a perpetual con­tinuation of war, so long as any of the Family and dissendants of King King James the first plotter of absolute so­veraignty, & projector to dissolve & destroy Parliaments, and this design farthered by the Prelates. James remain alive; who to speak the truth, lead the way to all our miseries and concussions both in the Church and State, and his Successor pursuing his principles, what through his own inclinations to absolute Soveraignty, the Queens Mother and her Daughters Councels, furthered by the Bishops and other corrupt instruments, so brought it about, both to his own ruine, and the dis-inheriting of the present Pretender; so fatal a thing it is, [Page 46] when Princes will be more then of right they should be, and will not remember that they are no otherwise to govern their peo­ple committed to their tuition, but by the same Rules, Daniel in vita Reg. Johannis. Laws, and con­ditions, as at their first in­gress they received their Crowns on Oath; and when the Grand father and Son shall forget their own Engagements, and recede from their own principles, viz. that if Vide Basili­con Doron. Kings would but consider that they are ordained of God for the good and benefit of their people, and not their Subjects destinated to be governed by their own will and plea­sures, they should then never stray out of the right Orbe of Government: More­over 'tis most true, that the Grandchild and present Pretender, neither in the beginning of the wars nor since, took the right way to gain the love and acceptance of the Par­liament and people, but in his open pur­luance of hostility both by Sea and Land incensed them, and made himself utterly un­capable of acceptance.

Prel.

For Gods love, What would you that the poor innocent Prince should have done on the massacre of his Father, and when all of his undeniable rights, (divolved on [Page 47] him) were taken from him, and no means left him whereby to eat bread, otherwise then to beg or borrow it, and you know he cannot (Camelion-like) live by the ayr.

Patri.

Doctor, 'tis of too transcendent a nature for me to direct Princes dispossest, or rather forfeiting of their Patrimonies by Tyranny, what course to take for their re­covery; but you cannot forget how un­happily he was set on and engaged in his Fathers quarrel, which had he not been, but in such a contest born himself in a neutral way, or sate still as his cousin the Count Palatine did, I cannot disce [...] any reason why the Parliament should have excluded him, but rather admitted him, as the States formerly did Edward the Third after his Fathers deposition; but alass, he was so much, & so far interessed in the quarrel, both in his Fathers life time; and more unhappily since shewed The reasons of the Parliaments excluding the King of Scots, and the rest of the Descendants of King James. himself the Son of that Father, from whom he received all those destructive principles of Tyranny, which have ut­terly undone all those of our English Princes that pursued them, as the in­stances of King John, Edward, and Richard the Second, manifestly demonstrates; some of his Commissions issued out in his Fathers [Page 48] life time whilst he was a Prisoner I have heard of, which shews him not to be over­indulgent towards Parliaments; but to this, doubtless an utter Enemy, and to speak the truth, he took not the right way to win the hearts of the people, since 'tis evident, that he hath granted sundry Commissions, to rob and spoyl the Merchants at Sea, viz. to his cousin Rupert and his brother Maurice, as his Father not long before Commissioned both the said Princes to spoyl and plunder the poor people by Land; more may be al­leaged, which shall rather be concealed then ript up by me; onely in a word more to you Colonel, and all of your party, whom I could wish to look about you, and bethink your selves of the sad issues, which (in such a change as we have presupposed) will ne­cessarily befal your selves and posterity; hap­pily the King during his own time, and to some few of you may carry a favourable re­spect, but that his Successors or himself in­tend to bestow Charters of Immunities upon you all, and intail them on your Heirs-males, is a very vain and idle imagination; for after a Conquest, and not unlikely within a Quar­ters time of a Century, it will of course fall out as it did with Jacobs Posterity upon the decease of Pharoah, when his Successor would not so much as look upon, or know [Page 49] Joseph, but his whole rase and Posterity fell altogether into the common-shore of bon­dage and Slavery; And yet, such is your infatuation like the Israelites, which cryed for a King, and soon after would have been quit of him, but God told them he would not hear them; and indeed few there are amongst us all that judge aright, or know our own happiness and freedom in this present change of the Government.

Neut.

Patriotus, Give me leave in a word or two to interpose; It appears to me, as by your discouse I have collected, that our sub­mission to the present power of some special selected Gentry, without King and the late priviledged Lords, (wh [...]ch I confess were wont to do what they listed) will be more safe, honourable, and profitable for the people, notwithstanding our Contributi­ons, then such as necessarily will befal us, should the excluded King come in by force of Arms; I profess in such a case, I know not which side to take with safety; advise me to the best, and I'le thank you.

Patri.

Neutralis, I perceive you to be a crafty fox; you are best able to judge what party to incline to; I leave you to your own choyce, whether to side with the present power (in case of an invasion) or to assist the Scotch King; for I finde 'tis your own [Page 50] safety, not the common good, that you aym at; onely this, take heed that reason do not invade you before it perswades you, though it be already both sufficiently inti­mated and proved, that your adherence to the present establishment will be your best course, yea, on any Invasion of the Scotch King, to fight for your liberty, and not sit still as you say you have done.

Prel.

Patriotus, In all our conference hi­thereto, we have omitted the principal verb which governs the sentence, and that is, concerning the late Parliaments sitting at Westminster, acting according to their own wils and pleasures; what they Vote, was without any more adoe Enacted for Law, as a Rule to the universal Nation; right or wrong, it must be obeyed; Now whether 160 at most, of 560 at least, which formerly sate in both houses could be a Parliament, is the Quere. I pray resolve me in this point; for in Law, or in any rational mans judgement, a The grand obje­ction of the Royal party answered in the next Reply. Parliament they could not be, but rather an usur­patious and despotical number backt by an Army; therefore I say, speak your own conscience, what you conceive them to have been, without King, Lords, Bishops, and the major part of the Commons, all summo­ned [Page 51] by the Kings Writ, and chosen by their several Countries, and violently pul'd out of the house by the Souldiers for dissenting to the Votes of no more addresses, the re­mainder being so few, that in any reason they could not so much as pretend to be a Parlia­ment, much less the Representative of the universal people; yet had they the confidence that whatsoever they Enacted, to assume it to be done in the name of the Commons of England, which is one of the strangest pieces of Non-sence that ever was heard of in the World; you may call to minde what became of those thirty Tyrants at Athens; the parallel is not at a very wide distance; therefore before we depart, I beseech you deliver your opinion for the better satisfacti­on of my conscience, and tell me how it came to pass that none or very few of the Lords sate there with the Commons, which till of later times, never were admitted to sit with them, neither cal'd to sit by them; for all our ancient Parliaments were onely com­posed of King, Bishops, Abbots, Earls and Barons, without the scum of the Vulgar.

Patri.

Doctor, 'tis most true, that upon the first view, that remnant which so lately sate at Westminster, in most mens understanding, seemed to be no other then an usurped [Page 52] power, and these back't by the Souldier; but when we come to the Examination of their mutilation, and how their number came to be diminished you will be of another minde; for as the Author of the Kings Life and Raign exactly lays it down, and resolves this doubt, and tells you by whom it was first lamed and disordered, this we all know, that it was at first legally summoned by the Kings Writ, with Lords, Bishops, and Commons, which by your favour are not the scum of the people, but as good Gentlemen as any of the Lords; but as afterwards it fell out by the Kings practises and artifices, it was first lessned in both Houses, near to a moity, to make up his Mungril Parliament at Oxford; and yet the King himself and that Conven­ticle, both calls them and acknowledges these at Westminster to be a Parliament, though much against his will; The late reli [...]k of the old Parlia­ment, though lamed and les­sened by the late King. and 'tis a plain case, that since the exclusion of another par­ty by the Souldier, that re­mainder or relick was still the Parliament, and stood upon the same feet, as 'twas first summoned 3 Nov. 1640. with their full number; and that piece of a Parliament left as you call them, acted by the same power; so that you must always take Powers in their present being, not as [Page 53] they have been, when inforc't from their old presidents and usages, which I finde not to have been always one and of the same form, but varied in all Ages, according to the Re­volutions of times and accidents; for without all question, that Magnum Consilium or Commune Consilium, as Caesar calls it, of the old Britons, was not al­together Caesa. Com. lib. 5. of the self-same form with the Witenagomots of the Saxons, neither those with the Parliaments as they were after called on the coming in of the Normans; and since the Conquest, we finde them very much to vary; Parliaments throughout all Ages not one & the same in form, though in substance; nei­ther is there any Record ex­tant, that shews the time when the late form, with King, Lords Spiritual and Temporal, with the Commons, had its institution; but doubless 'tis both a new and false assertion, that the Commons had not their free voyce from the first foundation of Parliaments to this present, as it evindently appears by the citations within mentioned, which are authentick and incontradictable. as for instance, Quarto con­questoris, Rex fecit summon [...]ri per universos consulatus An­glos nobiles, & sapientes, & sua lege eruditos, ut eorum jura & consuetudines ab ipsis audiret: the fourth year of William the Conqueror, the King caused to be summoned out of every Country of Eng­land all the Nobility, the [Page 54] wise men, and all such as were Learned in the Laws, to the end that he might hear and understand, what their Laws and customs were. Hoved, lib. de Litchfield; Moreover, Hen. 1. apud fontem Clericorum fecit sum­moneri omnes Arch-Epis. Episcopos, Abbates, omnes nobiles Angliae, & sapientes, & omnes incolas Regni; The King caused a summons go Clerkenwel, of all the Arch-bishops, Bishops, Abbots, all the Nobles, Wise men, and all the Inhabitants, or as I conceive, by (Incolas) the chief dwellers in the Kingdom, which seems to be a multitudinous Aslembly. Math. Paris, Edm. de Loud. Again, Hov. 2. decimo Reg. praesentibus Arch-Epis. Episcopis, Abbattibus, Prio. Comitibus & proceribus Regni. Math Paris: But Hoveden & Fitz-Steven, make mention of Clerus & Populus, the Clergy and People to be then assembled; the tenth of Henry the Second being pre­sent the Arch-bishops, Bishops, Abbots, Priors, Earls and Barons, together with the Clergy and people. Paris calls this Assembly Generale Consilium, a General Councel; Now amongst many other presidents, I shall only instance in one or two more, viz. Sexto Ioban. at Oxford, Communi consensu Arch-Epis. Episcoporum, Comitum, Baronum, & omnium fidelium nostrorum Angliae; by the common consent of Arch-bishops, Bishops, [Page 55] Earls, Barons, & all our faithful men of Eng­land, Parl. Rot. pat. 5. & there are some presi­dents which only mention Barones & libe­ros bomines totius Regni, onely the Barons and all the free-men of the Realm; tempore Henrici 3. and another of this reign, and before the Grant of the great Charter, hath it, Convocatum est Londoniis, praesidente Arch-Epis. cum toto Clero & tota Sect a Laical [...]: An Assembly at London, the Arch-bishops being President with all their Clergy and all the Laicks, without any mention of Earls, Ba­rons, or Bishops. Auth. Eulog. which seems to be a strange kinde of Parliament; so that in an hundred more of Presidents which may be instanced, it will manifestly appear, that our antient Parliaments though they are acknowledged for a National meeting, made and un-made Laws according to the vicissi­tude of times; yet were they not always of one constant and set form, though tending to no other, and the self-same end (salus populi) the safety and conservation of the people, by their Enacting such Laws as then were thought fit to be established for the common welfare of the Nation, to which all our Laws and Statutes in the same words have special reference, though, 'tis confest in ancient times, often varied in the form, but never from the end; And 'tis very observable [Page 56] that neither the ancient summons to our Par­liaments were always of one stamp, but varied in Neither that the summons to our Parliaments, are of one and the self same form. most our Kings Raigns; sure we are, that last of the kings was much different from those of old, which ever­more had in them inserted, viz. ad tractan­dum, consulendum & ordinandum cum nobis, &c. the principle Gerund (Ordinandum) being purposely omitted, least it might in­timate a greater power in the Commons to act by, then the King was willing they should have; just in the same manner as the Archbishop curtald the most material clause of the Kings Coronation Oath, that so he might assume to himself a greater power then of right belonged unto him; but this is a subject which to dispute to the full, would take up more time then we can at pre­sent well spare; onely in a word, that the Commons sate not in our ancient Parlia­ments, and that now they onely sit there, where the King and Lords sate alone with­out them; Truly Doctor, I retract not from that which I have often said, viz. that these late times have produced such Monsters of men, such Traytors and shameless Vipers that have endevoured to blot out of memory those ancient Rights and Liberties which the [Page 57] Natives have for so many hundred years en­joyed, and to devour the mother that bare them, most unnaturally attempting to enslave themselves and their Posterity: I shall par­ticularly name some of them. Judge Lex terrae, and Mr. Pryns Book. Jenkins, and another, under the name of Mr Prynne, which have avouch­ed that the Commons were not summoned or sate in our ancient Parlia­ments: which is a most imputent lye and false assertion, as it evidently appears by those old authentick Authorities even now recited; and indeed, I have spent many an hour in a diligent search into Antiquities, to finde out the time when our late form of King Lords, and Bishops, with the Commons, all call'd by Writ from their respective Burroughs, had its beginning; though it may be enough, to satisfie rational men, that it hath been at least of 500 years standing if not 600, as by Archyton. Mr Lambert and many other better Authors, and far better seen in the Laws, then that false Judge Jenkins ever was it manifest­ly appears. Doctor, to put a period to this particular, let me tell you, for your own and the better satisfaction of thousands more of your opinion, that new powers will have new Laws, new Forms; and we of the people must and ought to obey them or smart for [Page 58] our disobedience; and so would the King have had, (you should have found it too true) had he prevailed.

Prel.

I confess indeed, you have given me full satisfaction, as well to my first que­stion, Whether that relick of the late Parli­ament was a legal Parliament, as to my last concerning the sitting of the Commons in our Antient Parliament; but what say you to this new form, that meerly is summoned by the power of the Souldiery, and almost half Souldiers that now sit at Westminster? by what right of a legal Election do they sit as a Parliament? for by the Law and right of the people they were to have made choyce of their own Representative?

Patri.

By the right of the sword, which in all Ages hath been the original foundation of all Laws and Powers; and where that weapon hath predominance, we must not altogether insist upon Law; for silent leges inter arma, but look upon Gods Providence with the effects which this power may produce in the issue for the good of the universal Nation, since that after the States Army (by Gods great bles­sing) had no sooner freed the people from farther bloodshed and rapine, the late Par­liament being at ease and not playing their parts so dexterously as they might have done, [Page 59] but minding their own interests more then that of the publick, 'twas thought fit by the Councel of war, to put a period to their fruitless sitting, as formerly they did to the Kings exorbitant Government, and for his often breaches of Faith with God, and his trust with the whole Nation, over whom he was appointed to rule by the Laws of the Land, and not by his own will and pleasure; for bonus pastor ponit vitam pro ovibus, the good Shepherd lays down his life for his sheep, he never flayes or destroys them.

Thraso.

I hope Sir, you cannot say (as your intimation imports) the King my late blessed Master was ever known to flay his Subjects you'l never leave the Round-head lyes and slanders.

Patri.

No Sir, I do not positively say so, or that the King was guilty of pulling his Subjects skins over their heads, as S. Bar­tholmew is reported to have been served by his cruel Persecutors; but by your favor, since you are so captious and uncivil to asperse me with lying and slandring, as that you can do when you please on innocent children, and then make them good with vol­leys of dam-mees, & other fearful Oathes and imprecations, 'tis well known that before the king levied war against the best Subjects [Page 60] he had, some have had their ears cut off by the roots, their bodies whipt all over in gore blood, and their fore-heads branded with hot Irons, no man knows well for what, more then to please the great Arch-Prelate, who would have it so; and the Lords of the Star-Chamber, and others of the High Inquisition, could do no less or durst do no other then vote as he would have them; and as sure it is, that you and your Complices under the Kings Commissions, kill'd, plundered and shaved the poor innocent people wheresoever you march'c or quartered, which in many places of the Land you perpetrated without mercy; so that by your leave, the King himself was the sole Author and cause of all the blood and miseries that besell the three Nations, as himself sometimes hath confest; but good Sir, enough of this; for it grows late, and a time we must have to retreat, as you my good Colonel, have had a time to rob, plun­der, and spoyl the poor people, though I be­lieve, you have not purchased any great store of Lands with the remains of your stoln goods; but in case you have any store left you, there are yet very good peny-worths to be had of Delinquents estates, and you may likewise buy wood and timber if you have any use for it, if not, that you will keep it by you, for some other mischievous pur­poses, [Page 61] and not live quietly and peaceably un­der the present Government, the State you may be sure on't, will finde out a parcel that may serve your turn.

Neut.

Colonel, I have often told you, that he would be too hard for you at this kinde of fencing; yet you'l take no warning; do you not understand Patriotus his meaning, that the State will soon finde out a parcel of Timber for you, if you stir and foment more mischief; you may guess at his meaning; if not, take it into your second consideration, that there is an intent of erecting a new Court of Justice, which will tell us all our fortunes, in case any of us should be over­busie and plot new insurrections.

Thraso.

A pox of him, and the Court of Justice to boot, that ever I saw or heard of either of them; I pree-thee Doctor, suffer not this round-headed-fellow thus to go away with the Bucklers, and to send us away like mutes, and with a flie in our ears.

Prel.

Colonel, to deal plainly, your langnage is insufferable; at our last confe­rence you gave the first offence; and now again, you are at your old lock; for more boldly and uncivilly yon durst not have spoken, when you were in the head of the greatest Army the King ever had; the truth is, [Page 62] you too much forget your self, and think not where you are, and to whom you speak; should I judge of most that the Gentleman hath said, I should be a Witness my self, that he hath spoken truth, and that with well measured Reason; but I beseech you Patrio­tus pardon the Colonels incivility, and be pleas'd to satisfie me in some particulars, which I suppose you may do in a few minutes of time; then I shall both thank you and wish you a good night, and at your better lea­sure, shall not fail to give you a friendly vi­sit; Sir, in brief, King John was a known Tyrant, an Usurper, and a murtherer of his own Brothers children, an Enemy to the Clergy, and the greatest depopulator of the Kingdom that ever before it had; and yet the States and Nobility forget all his Tyrannies & misdeeds, and after his poyson­ing at Swinsteed, admitted of his inno­cent young Son, after call'd by the name of Henry the third, and soon quitted the Land of Lewis the Dolphin of France, whom before they had call'd in to their assistance, and to whom most of the great Lords had sworn fealty; In like manner the Parliament, after the deposiog of Edward the second for his Tyranny, made choyce of his young Son Edward the third, who proved a very gal­land Prince; likewise on the Parliaments [Page 63] deposing of Richard of Burdeaux, for his mis­government, the State made choyse of his cousin-german Henry of Bulling-brook, who though not the next in blood, and conse­quently an Usurper as to the right of Suc­cession, yet was he made King by consent of the Parliament, and he approved himself a very wise and politick Prince; whence it appears that the Parliaments and Nobility of those times had ever an eye on the next Suc­cessor, or to such a one of the blood-Royal, as in their judgements they conceived to be most capable and fit to undertake the kingly Government, as it may be instanced in their Election of Steven Earl of Bulloyn, in the absence of Maude the Empress next in blood; and since that, of Henry of Richmon, after the killing of that Tyrant Richard of Glocester; on these premises I beseech you, a little extend your patience, and tell me what you conceive to have been the reasons, that the late Parliament not only took away the Kings life by a new president, and under colour of a legal hearing, to the great regret of the major part of the Nation, but have re­rejected the young Prince of mature years, hopeful and able to govern, together with the Duke of York and Glocester, with all the discendents of King James, and have changed the Royal Government into a Common-wealth, [Page 64] have sold all the Lands, Honours, Mannors, and Revenues, anciently by right belonging to the Crown, as the proper Inhe­ritance of the Kings of England; Now Sir, By what Law of God, man, or reason of State, they have attempted on so strange an enterprise, passes my understanding; es­pecially the exclusion of the poor innocent Princes, goes directly against my conscience; yet if you please, I shall willing hear what you can say, for my better satis­faction.

Patri.

Doctor, your questions necessarily will require a long search into the reasons wherefore the Parliament enterprized on so high a concernment; yet in brief, I shall tell you what hath been told me, and by some of the late Members on the same Queres you have propounded: First, they say, that on consideration of the Kings seldom calling, and often dissolving of such Parliaments as he summoned without their due effects, and that for ten years together he refused to summon any, but ruled (during so long an intermissi­on) at will and pleasure, whereby the com­mon interest and liberties of the people were so much invaded, and so many grievances and oppressions crept both into the Church and State, that when this late Parliament was (through the extremity of his wants) call'd, [Page 65] the Assembly was to seek where to begin to rectifie and repair the decays of the Com­monwealth, which through his own mis­government, the prodigaltie and dissolute­ness of the Court and Clergy had befallen the universal Nation, which although he wholly then left to their rectification, yet immediately thereupon he not onely went from his word, and falsified his promise, but by the continuance of innumerable practises, and his uttermost endevors, he sought nothing more then to obstruct their Reformation, ruine the Parliament, and put all the King­dom into consusion, by a most bloody and destructive war; which the Assembly per­ceiving, and that his intent in pursuing his designs full six years together, and so long as he was able, aimed at the utter overthrow of the Laws, and envassaladge of the people, and that he had entailed this quarrel on his Son and his Heirs-males in perpetuum; how im­possible then it was for the Parliament to settle a firm peace throughout the three Kingdoms, by re-admitting the King full fraught, (though a prisoner) with his wont­ed Principles and designs, or to take in any of his Posterity (afore-hand indoctrinated, in their Fathers frauds and subtilties) might amaze the wisest of men, even Salomon him­self, to finde out any other way how to [Page 66] free the Nation from pe [...]petual Tyranny and bloodshed, but by cutting off both the Father and Son which were so deeply in­teressed in the controversie; and to make the same use of their victories for the future security and indemnity of the people, as the King himself intended to do in the behalf of himself and his Successor, had the fortune of a Conquest befallen him; thus much in ge­neral, as to the grounds of the Parliaments resolution of cutting off the King and his Posterity; as to the particular reasons, I pray take them in their order.

1. They alledge, that they had no choyce left them whereby to save the Nation from utter ruine, but were by the Law of neces­sity inforc't upon them by the King himself and of his own seeking both to cut off him and exclude his Post [...]rity.

2. That having had so long patience, and taken such infinite pains during all the wars, (after he had lost all and was a Prisoner,) to satisfie him from time to time, in what possibly they could in all things questionable between them, and on all his exceptions to reason the case all along with him in their several Answers and Replies to his Papers, Expresses, and Protestations, attested before God and his Holy Angels, pretending still how really he meant, when by long and sad [Page 67] experience, they found all his pretences fraudulent; yet could they never satisfie him with any Arguments either of Law or Rea­son, but that his own Reason, his Will, his Honour, his Conscience, must be the onely Directory to the Parliament, theirs of no esteem with him.

3. That notwithstanding their many Addresses and humble Petitions presented unto him (after his causless recess from the Parliament) for his return with honor and profit, with this onely reservation to leave Delinquents to the judgement of his Su­pream Court, they prevailed not, but he de­fended them, and was the skreen to most no­torious Offendors, professing still a willing­ness to peace and Treaties (onely to get advantages) when he most intended War and Conquest.

4. That such was the obstinacy of his na­tural inclination (which himself miscalls con­stancy) from which they found it was im­possible to disswade him, or yeeld to any (reason never so well measured by them,) but that they must yeeld to his, though ne­ver so unreasonably prest by himself.

5. That in this wilsull pursuance to ob­tain his most unjust ends, he incorrigibly per­sisted to the last, without the least reluctation [...]or acknowledgement, that any fault was in [Page 68] himself (until he was a Prisoner) but ever­more laid all the blame on the Parlia­ment.

6. That in this long persistance, he had wearied and beggered all his friends and as­sistants, at home and abroad, to the desola­tion of three flourishing Kingdoms, by the continuation of his Hostility, to the de­struction of a million of poor Innocent souls, without any remorse of so much blood spilt, more then of one man, his wicked *Straford. Instrument.

7. That when he protested most, and to the height of imprecation, the Parliament at last found by the Testimony of his own Letters under his hand-writing, that he meant nothing less and more contrary, then to his usual Protestations.

8. That neither all the Honors, Mannors, and Lands of the Crown, or his own blood, (without true repentance) could be a suf­ficient expiation to God, or recompence to his subjects, for the infinite bloodshed, rapines, and dilapidatins made on the Na­tives of three Kingdoms.

9. That such was his insensibility of blood­shed, that the many Lords, Gentlemen, and infinite others of inferiour quality (slaughte­tered in his bloody quarrel) he made no other reckoning of them then this, viz. that [Page 69] they suffered no more then of duty they were bound to do for their King, which he avouched on the death of the Earl of Northampton.

10. That those unjust pretences which he made, under the notion of his Royal Prero­gatives, viz. the Militia, power of War, Peace, Leagues, Treaties, Array of the people, his negative Voyce in all Parliaments, par­doning of Murderers and Fellons condemned by the Laws of the Land, were all at his only disposure, whereas by the known Laws of the Realm, they have been onely entrusted and conferr'd on our Kings by the indul­gence of the people in their Represen­tatives, as hereafter shall manifestly appear.

11. That all his Treaties with the Parlia­ment for peace were persidious, and his Pro­positions evermore umbrated under [...]pecious pretexts, subtilties, subtersuges, and mental reservations, as 'twas evident in that at Colebrook and Ʋxbridge, and more appa­rent by his own Letters to the Duke of Vide, The Kings Letters to the Duke of Rich. mond, with others to the Queen. Richmond, viz. Not to for­get to cajole well the Scots; and by that at Oxford, by Re­gistring in the Councel-books his calling them a Parliament with mental reservations, though not ex animo so acknowledged, [Page 70] yet summoned by his own Writs, and often so esteemed and call'd by himself, and ac­knowledged to be a legal Parliament by his own mungril Conventicle at Ox­ford.

12 That in all his Declarations and Ex­presses to the Parliament, he evermore seemed to have a tender regard both towards them and the people, when he onely intended his own interests with the advance of the Soveraignty to absoluteness by the power of the sword, and to convey his designs to his Successors, as in the instance of the Vide, One of the Kings Expresses, where he yeelds the Militia during his own life, but not sor his Sons. Militia, is most perspicuous, when he per­ceived that the Parliament would no longer trust so dangerous weapons in his hands.

13. That some of his best friends suspected him to be too much vers't in the Florentine Principles, as indoctrinated by a French and Italian party constantly resident in his own Court, and stickled on by the in [...]usions of the Queen-Mother & the Daughter, both which had gained a great interest, & had chiefest in­fluence on his Concels; and as'tis well known, was wholy governed as the Queen lifted, and at last, his inclinations so strictly tyed up as that they were not subject to any other [Page 71] alteration then as she prescribed, which was a Rule to whatsoever he undretook.

14. That he was not wanting to himself (for promoting of his arbitrary designs) to make use of Machiavels principle, Divide & impera, evermore to sow divisions, and to cherish any dissention arising be­tween the Parliament and their friends, there­by to ruine them by themselves.

Thus Gentlemen, according to your de­sires, I have given you an accompt of those Reasons which have been given me, where­fore the Parliament enterprized on the change of the Government by cutting off the King and his Posterity, the premises be­ing so true and undenyable, that they satisfied me, and prevailed so sar on my belief, that I conceive the Parliament could not other­wise possibly have secured the Nation from farther ruine; as also that their resolutions therein were directed by the special hand of God, considered together with the and great constant charge incident to Monarchy, the often pressures, and oppressions of the sub­ject through the Tyranny, ambition, and prodigalitie of most of our Kings, the two last having beggered and impoverished them most of all others, on which considerations, the Parliament in reason of State, and as the state of the controyersie then was between [Page 72] them and the King, they found it much bet­ter to quit themselves and the people of Regal Government, and to change it into a Republick, as a more safe and cheaper Government, rather then any longer to hazard the common liberty on the Rule of any one Prince whatsoever; especially not to trust those of the Sotch Nation; all our Histories and the Parliaments sad experi­ence having taught them, that of late years, the Soveraignty by the ambition and ar­tifices of both the late Kings was strain'd and tentered up to so high a pitch, that it would not stoop to a lower power then that of absolutenes.

Now more particularly to answer your Querie as concerning the King of Scots, the two Dukes, with the rest of the late Kings loyns; it seems likewise, that the Parliament knowing them to be the Sons of that father, who had more wasted the Land then all of the Norman Race before him, they had small hopes left them; that any of the same line would be much better, being tu­tor'd afore-hand by the Father, and at pre­sent residing in a French Academy, which if admitted to the Government, in all likely­hood would be no other then the cause of more blood, more charge, trouble, misery and sorrow to the people; very few of our [Page 73] Kings having given the Nation any great cause to be over-much enamoured with their Governments, but most of the best much re­pentance, through their Tyrannies and op­pressions.

Prel.

Sir, I profess, you have given me fuller satisfaction then I could expect; and I believe that you have taken the right measure of the Parliaments foot, with the true rea­sons wherefore they have not onely cut off the Father, but excluded all his Discendants; onely in the point of their changing the kingly Government into a Republick as more secure and cheaper for the Na­tion, this is a riddle to me; for la­mentable experience enforms us, that all the oppressions and grievances of the people, by all, or most of our Kings, and those so much upbraided and caft in the face of the late King, I dare affirm amounts not to the fisth part of the charge and Contributions im­posed on the Natives by the Parliament; if you grant this for truth, as I presume you cannot gain-say it, doubtless then the State here in being, have brought the people to a very bad market, since 'tis manifest, that what by the Monthly Contributions, the ri­gorous exactions of the Officers of the Cu­stoms on all Merchandize, together with the Excise on all we eat or drink, with the free [Page 74] quartering of the Souldiers in most parts of the Land, are far beyond all the Taxes, Im­positions and Subsides which the late King imposed or intended to lay on the people, which gives them no great cause to rejoyce and make merry, either for their safety or the cheapness of the exchange; Answer me to this point, and I shall (as the Colonel even now said) give you fair leave to carry away the bucklers, and henceforth acknow­ledge you for an expert Fencer.

Thraso.

God amercy honest Doctor, in good faith, thou hast now given him a bone to pick that will stick in his teeth; if he an­swers this to any purpose, he shall not onely carry away the Bucklers, but I shall willingly give him my sword into the bargain, and then dam him for me, that will ever fight one stroke more in the quarrel.

Patri.

Colonel, you and your party have gotten such a habit of swearing, and in such fearful volleys of Oaths, as that had your cause been much better then it was, God could not bless it or give you any good suc­cess therein: but I beseech you leave your prophanation, and then have patience a while, for you have very good reason to leave fighting, when you are so ready to depart with your weapons; but lay your sword to the stake, and then see what in the end [Page 75] will become of him; for whatsoever the Do­ctor hath objected concerning the present impositions, (which are confest to be very heavie on the poor people) yet when you know all, it would have been much better he had said nothing, since I perceive none of you all ever sounded the late Kings depth and what he intended, or took the least measure of his foot; for indeed he was too dark for any of your light to see into his designs; and to tell you more, he was too cun­ning for any that he employed; though some there are which accounted him for little more then an Iguoramus, but one of the shrewdest ones for his reaches to his own ends, of any Prince of his time: True it is, that the Parliament, though they suspected him at the first sitting down, and before, yet knew not a long time what he had in hand, otherwise The Juncto and the Kings Letters taken at Nasby, the one­ly means that the Parliament came to the knowledge of his Intentions. then at random, until the discovery of the Juncto, which was the star that guided them to know somewhat more of his de­signs, then they could clearly discern before; and by degrees (as God would have it) more they came both to know and feel, when a long time after his private Letters were taken at Nasby, wherein more then [Page 76] enough came to light of his pernicious in­tents, or was fitting for a King so much courted and beloved of English Nation) to have attempted for their enslaving; a design (as I have said) though long since by some of the more intelligent sort under­stood, yet till that time never publickly known or visible; the onely bar to the ac­complishment, was that Bellum Episcopale, the Prelatical was against his Native subjects the Scots, which brought it so about, that the Kings game which was a fair fore-game, became in the end by the Scots resistance and managety, to an after and a lost game; and the truth is, the Scots were too subtile for all the kings Arbitrary Instruments, and understood more of his reaches then happily all of us here shall ever know. Now Do­ctor, as to your Objections concerning the present Taxes, Excises, Customs and Free-Quarter, I crave leave for a while to lay them aside, to which anon I shall particu­larly make answer; In the mean time, I think fit to present you with a Preparative, whereby to shew you that all changes and alterations of Government, are and have evermore been accompanied with innumer­able difficulties and hardships, especially where the sword begets them; & who knows not but that the sword is a very chargeable [Page 77] weapon, and such charges are most incident to green and new sprung up Governments, and cannot be avoyded, as in this case, and alteration here with us you see cannot pos­sibly be made good, without a vast expence, which necessarily ought to be defray'd by the people, for whose sakes and conservation of the common freedom, their Trustees the Par­liament thought fit and best for their future indemnity to adventure on the change of the Government, and then as the Adage speaks it, They which reap the gains ought to indure the pains; and 'tis most true, that although new gotten liberty be a sweet bait, yet it often fals out that the enjoyment thereof brings with it a great deal of sufferance, and yet must it be born with patience in hope of better times, which may give way to the un­burthering of the sufferers.

And so to your Objections, which I shall answer in their ord [...]r; and first to the Ex­cise, wherein I shall shew you the mistake; since it seems you look onely at the present Impositions without minding their causes, which as the postures of affairs now are, were necessitated and insorc't on the Parlia­ment to levie on the Nation; neither do you look back to those times wherein during the late king and his Fathers raign, there was no cause or a peece of a reason to be given why [Page 78] any Taxes should have been imprest on the people without their consents in Parliament; yet for your better learning I shall assure you, that the very same House in Broad-Street, wherein the Office of the Excise is erected for the States use, was 20 Moneths at least before the late Parliaments sum­mons rented by Cottington, and purposely for that use design'd by the King himself, though protracted by reasons of the Scotch troubles: As to the Customs, we all know to what a height they were grown in the late Kings time, to the great regret of the Mar­chant; but that you may know what far­ther was much about that time in agitation, there was a private Vide, That and other Commissions in the Signet Of­fice. Com­mission issued out under the Great Seal, wherein twenty eight Lords and Gentlemen were nomi­nated and Authorized to raise on all the Commodities of the Land, what new Cu­stoms and Impositions the Commissioners should think sit, which was the highest strain of Arbitrary power, that ever was attempted by any of our Kings.

As to free-Quarter, it is confest to have bin a very g [...]ievous burthen on the people, not only to pay their Monthly Contributions, but to be for [...]'t to give the Souldier free-quarter [Page 79] wheresoever he march't; But to answer you in a word, that grievance hath been a good space since taken away, and the Souldier wheresoever he now Quarters, pays both for horse and mans meat; moreover the States have very much lessned their Forces, onely retaining such numbers of horse and foot as may keep in awe such as you Col­lonel of the Royal Party, which if not se­cured, it may happily be more hurtful to the Nation, then the not securing of our out­works against the ingrateful Dutch, on whom the Malignant party (which are still rotten at the heart) looks upon with a pleasing eye, in hopes so to order their designs, as at last to bring in the Scotch Pretender, though to their own particular ruine, and the gene­ral destruction of the poor innocent peo­ple; but in farther answer to your Ob­jections, suffer me to put you in remem­brance, what long since, and before the late War began, was projected by the late king, when he was in peace and amity with all the Princes of Europe; you shall finde it most true, that in so great a calm of quietness divers Regiments of Germane horse were designed to be transpotted hither to keep all the Na­tives in awe and under the whip; and in order to that, the Deputy Straford, in as calm a time of quietness as ever Ireland enjoyed, had [Page 80] raised there an Army of near ten thousand Papists, which for many Moneths and some years together were there both disciplined, quartered and paid, for the most part at the charge of private men, and such as were averse to his Tyranous courses; and in addi­tion to those grievances on the Irish, Scotch, and English, the imperious Deputy having taken to farm the Customs of that King­dom at an excessive under-value, he imposed on all the Commodities of the Land, an in­credible surplusage above the Rent he payd to the King. Happily you may here ask the Question, to what end such an Army was there raised and quartered on the Irish, and so great Taxes imp [...]sed on all the Commodi­ties of that kingdom? I answer, The De­puty himself tells you the reason, as you may see it in the Vide. The Juncto. Juncto; You have an Army (says he to the King) in Ireland to reduce this King­dom: If you put the Que­stion farther, Why to reduce this kingdom being in peace; I shall tell you, that Army of foot with the Germane horse were all to be Garrisoned in England on free-quarter, to amuse and keep the people in subjection, whilst the king playd his game for the re­ducing the Scots, & to the Enslaving of all the three Nations; If again you demand, What [Page 81] the King would have done with so vast a Treasure as he intended to raise on both Kingdom; the Deputy could have yeelded you a reason and president for this too, viz. to erect Castles and Forts in both Kingdoms, Witness his great Structure not far from Dublin. Houses of pleasure, as ca­pacious as Towns, Parks of as large an extent as whole Parishes, Masks, Friscals, Comedies, Tragedies for the Saboth, Banquets, Junkets, and such-like petu­lancies, wherewith to please the Queen and the Court Ladies, to gratifie Madam Nurse, her Fidlers and Dancing-Masters; for rest assured, that the King meant not longer to depend on Parliamentary assistance for de­fraying of the Court expences, neither to be controld for any irregularity he pleased to put in execution; and this (as tenacious as he was) had often dropt from his own mouth; and Cottington could openly say at his own Table 1638, when a Gentleman of honour told him, That the best way for the King to fill his Coffers, would be by the ayds of Parliament; What needs that (replies Cottington?) the King hath other ways in hand to supply his wants without Parliaments: And indeed gentlemen, as it seems, you know not what the King had then in agitation; some what more I shall tell you, that there were certain odd [Page 82] Dangerous Papers of the Duputies dis­covered. Papers of the Deputies, which I finde not were in question at his Arrain­ment; for the Parliament had proof enough wherewith to charge him of his intention to alter the Government; but those Papers in­timate that the design was laid, that no man was to stir above ten miles from his Habita­tion without leave and shewing his occasion, and that no man was to be master of his own Train Arms, either for his Domestick use or the Publick defence, but that every Particu­lars mans Arms were to be deposited in one Magazin, and in one place, throughout all the Countries of England and Wales; nei­ther was any Houshoulder to be permitted to have the use of so much as a Pitch-forke without special license; such a strange change of Soverainty was not only in hatch­ing, but in the high way of execution, had it not been put by and obstructed (as already is declared) by the refractory Scot, who marr'd all the Kings work, the Deputies, Arch­bishops, and Cottingtons endevours to have accomplisht the whole design; but how Al­mighty God i [...] his Justice hath disappointed and disposed of them all, I leave to your se­cond considerations. Now Doctor, if I have not given you a full Answer to all your Ob­jections, would my leisure permit my longer [Page 83] stay, I could give you a little better satisfacti­on; but for the present I say no more, but examine well the case, as the King (before the Wars began) was carrying on his designs, and at a time when he had no cause at all to attempt as he did, and then take into your more serious consideration the Parliaments case and condition which inforc't them for safeguard of themselves and those that trusted them, to leavie men and money, and since of necessity to Impose Contributions on the the people for support of the common In­terest, and then you will finde a great dif­ference between one and the others case; onely for a close of our Conference, and in farther proof of the premises, I beseech you tell me, wherefore the King (at this last Expedition against the Sco [...]s 1640) Commis­sioned Cottington Lord-Warden of the Tower, with injunction to see that place well Fortified and man'd, which in obedience to his Majestie in commands was presently put Execution, but with such a refuse of Bank­rupt Billingsly and Suckling. Colonels and Souldiers as could not be match't in all the Kingdom, & then to mount near upon twenty great Guns on the White Tower, with their mussels turned against the City; if you cannot tell the the reason, Ile tell it you; That it was [Page 84] to awe the Citizens, out of fear and jealousie that some one or other insurrection (which the Projectors own guilty consciences sug­gested to themselves) might fall out during the Kings absence in the North, and to mar the work he had then in design, before it came to maturity to be put in execu­tion.

Why then and at the very same time, the King should Commission the late Earl of Worcester, a profest Papist (as Cottington was no better) as Lord President of the Welch-Marches, commanding the Earl of Bridge-water a sound Protestant to desert that go­vernment by Letters under his own hand, which on his examination in Parliament wherefor he waved that command, he produced for his justification, where the reason inserted was for his special service (a proper service if you mark it) Now if you demand, What that service might be, I shall instantly tell you to what purpose, as 'twas then spoken publico consensu; neither ever since denyed, viz. the same Earl being Owner of one of the strongest Ragland. Castles in those parts, seated amidst the greatest neast of Papists of any one place in the Kingdom, had private Commmission from the King to raise 6000 of them for his M [...] ­jesties [Page 85] service, and that service was to convoy the Irish Army on their arival, and to joyn with them when the King pleased to tran­sport them for mastering all those Western parts, and to be farther employed as his occasions should require; for of such kinde of occasions (though never so needless, unne­cessary and destructive, through the whole course of his Reign, (as a fate that followed him to the last) he would not be unfurni­shed.

Why then the late Earl of Arundel, ano­ther suspected Papist, was at the very same time Commissioned for the North parts; you may safely aver, there was no very good meaning in these exorbitant undertakings; or other reason to be given for their con­stant pursuance, but that they all tended to enslave the three Nations, and to subject them all under his Arbitrary Power; If any of you here think otherwise, as many thou­sands there are which will not believe it, I say no more, but that they want wit, but more wisdom to make a right judgement, not of things doubtful and hidden, but of matters visible, and acted on the Theater of the Kingdom: Therefore Gentlemen, be not still blind, neither wilfully stupid, but lay your hands to your hearts, and bethink your selves wherefore the Parliament be-took [Page 86] themselves to their defensive Arms, and the Scots on the same grounds to side with them; can you imagine for any other reasons, then the conservation of their joynt interest, the freedoms and liberties of both Nations, since all the world can witness, that they were not onely first invaded by the King, but designed together with the English to en­vassaladge; & that on the same design, he first b [...]gan the quarrel with the late Parliament, and therefore (as 'tis aforetold you) they could not in any reason or with safety of the people trust a perfidious Prince any longer with the Government, or admit of any more Kings: but in prevention of worse evils, which in all probability would happen to the prejudice of the universal Nation, to alter the Government, as now you see it establi­shed in peace, and in hopes that in short time it may prove much better, safer, and less burthensom to the people then the Re­giment hath been, which you may be sure o'nt would have been much worse, had the Kings designs prospered and taken effect, whether we look back on all the Motions of his Government before the Wars, or for­ward on that which had he been Victor, would necessarily have befallen the Nation; as to that, God knows, he came very near the accomplishment: But all of you may evi­dently [Page 87] see throughout the pursute, that Al­mighty God did not, neither could he give a blessing to his bloody designs, and that a most fearful fare hath befallen the Prose­cutor and his Fathers house, together with most of his Assistants in that work of dark­ness for their bloody and ambitions affectati­ons in opposition to Gods Law, the Laws of the Land, and that of Natures birth-right; so that on a right understanding, you which are so much devoted and besotted to magni­fie and adore a Tyrant, cut off as well by the hand of Gods justice as mans, have rather cause with thankfulness to adore his infinite Providence in taking him away, & likewise to magnifie the Parliament as the instrument or­dain'd of God for the preservation of your li­bertie, & the common interest of the Nations, much rather then to grutch and repine against the present settlement, rail and storm against those Magistrates whom God in his great mercy hath set over us, under whom, he that will may live quietly and contentedly; as to such as will not, I leave them to their fortune; and so Gentlemen, for this time I take my leave.

Thra.

I vow Patriotus, I never till now understood so much of the Kings intentions; I could wish with all my heart, I had known [Page 88] his minde twelve years since; Sure I am, he deceiv'd me, and a thousand more of us, with as fair words and plausible Protestati­ons as ever could come from a Christian; but now I perceive your infallible proofs, and many of them as I well remember of his own hand-writing, and of my own know­ledge, that all is not gold that glisters; and I protest on the reputatio of a Souldier, I now begin to have a better opinion of the Parliaments cause then hitherto I have had.

Patri.

Good Colonel, I have not the command of your opinion; I leave you to your own election to believe and judge as you shall see cause; onely as you wish you had known the Kings minde sooner, I wish he had known himself rather; for this nosce te­ipsum, the knowledge of our selves is the best piece of Philosophy that any of us can pos­sibly learn; and as to his fair and plausible language, whereby to attract to himself friends and assistants, I shall tell you some­what, which I believe you took no notice of; for you were deceived in the King who had such a faculty of his own, that hereto­fore you could not say he was ever known to be over-cheap to any whom he found not fit and serviceable for that purpose, to which [Page 89] he would employ him; but on the be­ginning of the wars the case was altred; for then it stood him upon to be more then ordinarily affable to all you of the Souldiery, since he was to make use of your service for the accomplishment of his ends, which with all my heart I have often wish't that they had bin better byassed; and so Gen­tlemen, we must have a time to depart, sinace for these five hours or more, we have cost the ball from one to the other, and yet at last how different soever in our opinions, I joy in this, that we shall depart in love and friendship, not doubting but this meeting may make way for another of more mirth and less distaste, wishing and praying to the God of Peace, that in this universal dis­agreement of opinions in these times, that odium and hatred which so unhappily hath been contracted between brethren of one and the self-same English blood upon the late fatal quarrel, may yet at length be bury­ed in that pleasing Sepulcher of a cordial reconciliation, and that we may all submit, first to Gods good will and pleasure, and next to that Government which by many vi­sible manifestations he hath been pleased to establish, in the room of that which hath been so sanguinary, so displeasing to him, [Page 90] so dolorous & grievous to the poor innocent people, so improsperous and detrimental to all parties; and it shall be my continual sute unto him, who is the great King of the World, he that makes and unmakes Kings and States at his onely will and pleasure, to put a period to our Calamities, which I fear cannot be permitted, as inconsi­stent with his Justice, or appeased with bare moralities, but with the realtie of a true and timely repentance, which is the onely sacrifice and propitiation that he loves, and the same for which we ought incessantly to pray, it may be given unto us all of this sinful Nation.

Prel.

Patriotus, I beseech you be not so hasty to depart before I have made an acknowledgment that you have convinc't me in sundry particulars, especially by your two last Replies, which have given me more light, and better satisfaction then ever I received from any man living; And truly Sir, I shall ruminate on that which towards the conclusion of your last Re­ply you delivered, and so shall detain you no longer, but onely to give you hearty thanks with assurance that I both love and honout you.

Patri.

Doctor, in a word more, my En­deavors [Page 91] throughout all our conference have been to make use of nothing but plain truth, neither to deliver any thing on bare trust, or delude you with flams without due proofs; and for conclusion, I wish you all to review, and take the particulars following into your second consideration, viz. First, with whom the Parliament had to do, and into what streights, difficulties, and En­cumbrances they were intoy'ld and engaged, which was onely by the continued wiles and practises of the late unfortunate King; next into what plunges and necessities they were driven for the preservation of the com­mon interest and safety of the Nation, their own persons and the people by whom they were trusted together, with those necessitated and forcible reasons, which induced them to cut off the late King, as the cause of so much innocent blood spilt, with the exclusion of his Posterity, & change of the Government. In the next place, take the reasons of the continuation of the Contri­butions, for securing thereof, and staving off a second war, which the Malignant Party endevours by bringing in the Scoth Pre­tender, which should it happen, in all pro­bability may be more bloody and more in­tolerable for the people to bear, then the former have been, which by many in­fallible [Page 92] Arguments and demonstrations in our conference is made manifest. The premises duly considered, cannot be denyed; why then the several parties in this great discrepancy of opinion, should not close in a cordial conjuncture, and unanimous agreement for conservation of their mutual interests, seems to me one of the great won­ders of the world, but that some there are and not a few throughout the Land, which are possest with a spirit of error, and taken with such an Egyptian blindness, that they cannot or will not see Gods high hand and Providence in this Miraculous change of affairs, neither their own happiness involved therein, but are led captive through their own wilfulness, supposing to make their condition better by multiplying their own miseries; so fatally besotted they are with their restless desires, by bringing in upon themselves and the whole Nation, tyranny, ruine, and desolation: It shall therefore be my hearty prayers to Almighty God, to open the eyes of their understanding, as I hope Gentlemen, he will in good time, which would be a comfort to all good and honest men, to be eye-witnesses of unity and concord between brethren of one faith, one language, one linage, and withal my heart I wish it, of one unanimous spirit; then [Page 93] by Gods blessing we should be more secure at home, and more formidable abroad; and so Gentlemen, once more I wish you a good­night, but with this engagement that you shall God-willing, shortly see on what sandy foundations the King built his designs, and on what a rotten building your selves fram­ed your hopes, with the groundless reasons which induced you to take part with a per­sidious King, and how you have been all deluded by him under the specious pretence of Law and Loyalty, and that by the same way he came at last to ruine himself and his Posterity.

Additionals to the former Dis­course, for the better satis­faction of Royalists and all others mistaken in their opi­nions concerning the late Kings Designs, the legality of his Prerogatives, with their destructive consequences, should he have obtained them by the Sword.

AFter so long a time, so often Disputes, and so much written of the differences between the late King and Parliament, and after the determination of the Controversie, and a new Govern­ment established, to repeat de novo what was acted between both parties known to all of [Page 95] understanding, I know must incnr the severe censure of the most intelligent, should they not look upon the reasons, and take into their second considerations how at this time the present postures of affairs of State are traduced, censured, and cryed down, not onely by the old Royal party, but by num­bers of other malitious distempered spirirs newly started up, since the dissolution of the late Parliament, which deny and call into question the verity of most passages acted on the open Theater of the Nation. This hath induced me to revive and repeat some things not vulgarly known, though others, and most of that (which I crave leave now to recite) are visibly known to all the World, and that the enemies to the present Government are more now in number then eyer: I held my self bound (as a member of this Commonwealth) to vindicate truth, and to satisfie such as still are diffident of the truth of passages, as also to perswade others wavering in their belief, to stand fast to their old principles as the b [...]st and most safe for themselves in particular, and the common good of all the Nation in general: In pursu­ance whereof having in former the Discourse answered some of the principal objections of Royalists and others against the present Government, as they are abruptively [Page 96] discust between the Inter-locutors variously and differently affected: We now come to shew not only how the King himself, but those of his party, have been induced to believe the Soveraignty with those Lawless Perogatives claimed by him as inseparables to the Crown, were of right, and by the Laws of the Land, to be disposed at his onely will and pleasure as king and the supream Governor of this Nation.

These being the grounds and basis of the late horrid War, and the reasons wherefore he pretented to take up Arms to maintain them against the Parliament, which, as Roy­alists still constantly aver, were invaded by them: 'Tis most true, that the Parliament did and by their trust were bound to oppose him in those irregular claims, as inconsistent with the nature & constitution of the English So­veraignty, contradictory to the Laws, and prejudicial to the Rights and Liberties of the people. Now, forasmuch as Royalists do still constantly maintain, that their first en­gagements with the King were undertaken on just, loyal, honourable, honest, and re­ligious grounds, and that the king suffered as an innocent Martyr in his own defence, un­der the specious pretexts of his injustice and Tyranny, and that themselves are enforc' [...] to live under Powers utterly unlawful, usurpa­tious, [Page 97] and tyrannical; May they be pleased to give me leave briefly to sum up the whole Controversie (intended for their own good, the quieting of their distempered spirits, the settlement of the universal people in the bles­sed harmony of peace and unanimity) their onely distance and refractory humour to that of the present establishment being the onely cause that the old Rupture cannot be sodred up and cemented, as it ought to be between brethren of one stock & that the States (after their many miraculous Atchievements & Vi­ctories over so powerful enemies) are inforc'c to the great charge and grievance of the Natives, to keep in pay so many Armies for the prevention of such dangerous conspi­racies as are daily hatcht, and seen to flow from the fountain of their malitious hearts, whereas their conformity with the rest of the Natives, in obedience to the present powers, would be the speedy remedy and abatement of those heavie and Monethly Contributi­ons continued on the people; wherein themselves would partake in the easement; the State and Common-wealth in the happi­ness and comfort, that so many Proselytes should be added to their number.

Now in as much as the nature of this sub­ject (by way of advice) will necessarily re­quire some short repetition of the Kings [Page 98] proceedings in the late prodigious War, wherein the grounds of their partaking with him are briefly stated; I shall intreat the Reader (of what garb or party soever) not to conceive that herein I take occasion to rake over the ashes of him who is at rest, but onely for the better manifestation of truth (never more opposed then at present) and to let the universal Nation see and under­stand on what sandy foundations, not onely the King, but the Royalists themselves built the whole fabrick of his designs, how, and by whom they were promoted, to his own ruine, his posterity, and most of the Royal party, to the irreparable loss of three flou­rishing Kingdoms.

Briefly then, that the King at his first ac­cess to the Crown had it in design (as an un­happy legacy left him by his Father King Iames) to advance the Regal power to ab­soluteness, conformable to the French Mo­del, is a truth so perspicuous, as that divers persons of honour (then in Court) both perceived it, and feared the sad issues that would follow the Kings ambitious affectati­ons; True it is, the design a long time was car­ried on in the dark and mystical traverses of Court and State; but 1638 and 39 the King by his active Strafford, Can­terbury, Cottington. Agents, ha­ing prepared all things in [Page 99] readiness, for the accomplishment both in England and Ireland, the onely rub that then lay in his way of compleating an universal invassaladge over the three Nations, and con­forming the Church Government of Scot­land sutable to the Episcopal Discipline of England, was the refractory Presbyterian Scot, whom he first tempted with the bait of a new Liturgy, and whether they should perceive the meaning thereof or not, was (amongst the first Projectors of this Inno­vation here in Court) not much reckoned of; for that in case of the Scots refusal, they very well understood, the King was resolved to compel them to submit by force of Arms; but the Scots utterly rejecting the Liturgy (as an Innovation and Invasion on their National Laws and Liberties) the King raised his first Army against them, and then the second (after a Pacification given them;) passages so commonly known to both Na­tions, that there needs no farther manifestati­on of their contrivances. But most certain it is, that then the Kings grand design began more openly to appear, and that those two Northern Expeditions having exhausted his Treasure, with all that he could shift for, and the extremity of his want of money suc­ceeding, produced the first and the late Par­liament: [Page 100] Where we may not omit to shew how the King at his first entry to the Crown, was after misled and most grosly betray'd, and by persons (of his own choyce) from the very beginning of his raign to the last of his power, who had chiefest influence on his Councels, which principally were the Bi­shops and his Court Chaplaines, which more studied his inclinations then Divinty; and then to comply with whatsoever they found most agreeable to his natural appetite, which was the usual ladder wherewith they climbed to preferment; these sycophants well perceiving the bent and promptitude of his ambition to absolute Soveraingty, had learn' [...] the faculty of wresting of Scripture answerable to Arbitrary power, and made it their ordinary Pulpit-stuff to instill into his apprehensions, that the Subject had no other propriety in any thing he enjoyed but at the Kings good pleasure: And to these there were another sort of Lawyers. Gown-men that could stretch Law and Statutes to the tenter of the Kings designs; neither were there wanting many about his person even from the first to the last of his Power, that to gain his favour, had learn't the art of com­pliance; so that I am confident to affirm [Page 101] (as being often conversant in the Court) that no Prince of his time and of his abilities, was ever so nurst up (what between those Clergy Laquies, and his jugling Judges) in the principles of Tyranny (leaving out those forragn Pedagogues, as well masculine as femine, always in Court and most near his person) insomuch as at last he knew not, or would not know the nature and constitu­tion of the English Soveraignty, neither what the nature of those Royal Prerogatives he claimed were, how intrusted and invested in him, but took them for no other then his own proper inheritance, to be used as his he should think most conducible to the ad­vance of his absolute power.

But to return to the late Parliaments first sitting down, and to relate what in the first place they fell upon, as of highest con­cernment to be redrest, most certain it is that they finding the many grievances of the peo­ple, with the various innovations, disorders, and distempers of the State and Church, all concentring in the Kings indigence, they took it into their serions consultations first of all to call to an accompt such Parti­cipants of the Kings Councels, as were well known to have been the principal Instru­ments for promoting of Arbitrary power, [Page 102] and then to apply themselves to the re­dress of the Publick disorders, and rectifying of the obliquities both in the Church and Commonwealth, crept in through the long dis-use of Parliaments. We shall onely touch on the most eminent passages during their first fifteen Months sitting, viz. The Attaching and Arraignment of the Earl of Strafford, the Archbishop, the flight of the Lord Keeper Finch, Secretary Windibank, Piercy, Jermine, Suckling, all of them prime sticklers for the advance of the Kings designs, &c. In the next place, the Kings continued practises to corrupt his own Army, and that of the Scots, inviting them with great re­wards and promises of preferment, to march against the Parliament, which on any condi­tions he was then resolved to destroy; his then succeding journey into Scotland, with the breaking out of the Irish Rebellion during his residence there; his assault of the House of Commons on his return; his then fortify­ing and manning of White-hall with the Ca­valeers; and when he found that by none of these artifices he could break the Parliament, he leaves them and departs to York, sends Eliot for the Great Seal, and procures as many as possibly he could of both Houses to falsifie their trust and adhere to him, so to [Page 103] divide and destract them, and then raises an Army, causing the Lords there attending him, to attest that he raised that Army onely for a Guard to his Person, and not against the Parliament, and immediately sends out his Commissions of Array, and marches through several Counties to Nottingham, where he erected his Standard of War, and after marches to Edgehill where he fought with the Parliaments Army, notwithstand­ing that before from Nottingham he would have perswaded the Parliament by an Ex­press of his own, that he did not set up his Standard against them; all which and much more of his prodigious Stratagems known to all the World, makes it apparant, that his intent was to destroy the Parliament, and consequently to alter the Government and the Laws as he listed; and yet there are at present a new sprung-up number of perverse people amongst us (besides the old Royal party) that impudently deny the premises, and take occasion upon this late change and dissolution of the Parliament, and the con­tinuation of the Contributions, to asperse the present Parliament with most oppro­brious language. I wish they would look back to the cause; and how diffident soever they are of the kings destructive intentions, [Page 104] yet may they please to take a review of his after-actions, and what horrible cruelties and oppressions were perpetrated through­out most parts of the Land, by his Com­manders, authorized under his own Com­missions, after he began the War at Edgehill, and made Oxford his Head quarters; then questionless they may take the true dimen­sions of a most unfortunate and tyrannical King; neither would it be amiss for them to take it into their remembrance, what the Parliament in so perplext times were con­strained to put in execution, as well for their own safeties as the preservation of the Laws and Liberties of the people.

Thus far in brief we have made a recital of the principal transactions before that fatal battel at Edgehil, whence all Royalists and others diffident of the Kings destructive in­tentions, may evidently see unto what plunges the Parliament was put unto upon the Irish Rebellion, in relief of their poor distressed brethren in Ireland, that affair by the King himself bring wholy recommended to the Parliaments disposement, & 400000l. in Subsidies assented by himself to be levied to that onely use, and the Earl of Leycester by his own approbation design'd for that imployment, whom he so long protracted, [Page 105] that the term of his Commission was near expired before he went over; and as to his proclaiming them Rebels, to which the Par­liament often prest him, he would not in a long time suffer his Proclamations to come forth; and at last, permitted no more then 40 Copies to be printed; notwith­standing these his impediments, the Par­liament with their best Expedition sent over divers Regiments of foot, some horse and cloathes by the way of Minyard and Chester. The premises considered by any indifferent man, with what honour then or justice could the king countermand those Forces, and seize the cloathes, horses and money sent to the relief of the poor distressed Irish Protestants against his own Act and Assent? and by what law or colour of Reason could he in honor grant the remainder of the third part of that Sub­sidie to his Lieutenant-General of South­ Wales, for raising of an Army there against the Parliament, diverting the use thereof for the relief of Ireland? What answer can be made to this, other then that which with impudence of the highest strain is commonly alledged by Royalists? viz. That the king stood bound both in honour and reason of State to support the Rebellious [Page 106] Irish, in what possibly he could, so to lessen the Parliaments power by what means soever for advance of his own: If this be the reason, surely then 'tis evident, that he not onely favoured the Irish, but authorized their Insurrection, and that his intent was to incumber and cut out as much work for the Parliament as possibly he could invent, and in that course to protract the War in Ireland, and to pursue it in England, as 'tis most manifest he did during full six years together; neither would he be induced by the Parliaments many and most humble Pe­titions, really to apply himself to a safe and well-grounded Peace for the Nation, though still pretending how willing he was to embrace it, when as by the sequel he intended to have it no other then as suted to his own will and pleasure; and yet all of the Royal party as constantly defends him, as himself obstinately persisted (so long as his power lasted) to embrew all the three Nations with blood, fire, and devasta­tion; and to his last Vide, The Kings Speech on the Scaffold. hour stood stiffly in the affirma­tive, that the absolute com­mand of the Militia was his; and that the Parliament on that only ground, first began the War, and not he, con­trary [Page 107] to his own acknowledgement in the Ile of Wight and elswhere, viz. That he had been the cause of all the innocent blood spilt throughout the Land; I wish he were not guilty of that in Ireland: the pre­sumptions being so pregnant, as that thousands of honest and knowing men cannot be otherwise perswaded; sure e­nough, he was most notoriously guilty of all the blood spilt in England and Scotland.

We now come to the kings Preroga­tives as the basis on which all Royalists ground the lawfulness of their partaking with him in the late War, as bound by Oath, their Allegiance, and in conscience to support his Soveraign Rights; We shall for their better satisfaction, present them in a Catalogue, and answer them in their order; forasmuch as they still con­stantly maintain them to be the kings, in­separably united to the Crown; and that full sore against his will, he was inforc't to uphold them as invaded by the Par­liament; since then that (as Royalists aver) the King onely fought to uphold his in­heritance and themselves with him; let us briefly examine by what Law and right [Page 108] he claimed them, together with the de­strctive consequences, should he have ob­tained them by the sword, and whether then he had not carved out his own work to the enslaving of the Na­tion.

Of the Prerogatives Royall, which the late King claim­ed as inseparables of the Crown.

  • 1. OF the Royal Power, what it is.
  • 2. His sole and absolute power over the Militia.
  • 3. His Negative voyce in all Parlia­ments.
  • 4. His power to Array the people at will and pleasure.
  • 5. His Prerogative to call and dissolve Parliaments at pleasure.
  • 6. His Prerogative to pardon Murderers and Fellons.
  • 7. His Prerogative to dispose of Wards, Mad-men and Lunaticks, &c.
  • 8. Lastly, that Tyrannous assertion of his own and his Father King Iames, viz. [Page 110] That they were not bound to give ac­count of their actions to any but to God alone.

These Prerogatives claimed by the late King, as the Royalists say, were in­vaded by the Parliament, and the grounds of the late destructive Wars; happily after-Ages as well as the present, may be inquisitive to know whether they were so legally in the Kings absolute power, that he stood bound to uphold them by the sword to the ruine of the Kingdom? and whether the Parliament (by their trust) stood not more obliged to withstand them as encroachments on the common freedoms and liberties of the people? We shall therefore (for the general satisfaction) briefly shew the extent of them all, as they are either defined by our ancient Lawyers, or confined and limited by our common Laws and Statutes.

The Royal power, what it is.

FIrst then, that this Royal power of our Kings, hath never been any other then a limited and intrusted power to govern by [Page 111] Law, to which their Coronation Oathes ob­lige them, which may very well satisfie any ra­tional man, and save us the labour farther to dispute this point. But we shall make it more plain, that the highest of this Royal power was never more by the Law of the Land (throughout all Ages) then in the executive power, Ius suum cuique tribuere, to give to every subject his right; neither can the King otherwise dispence this right or Law to the people, but in and by his Courts of Judicature, non per se tantum, not by himself out of the law of his own breast; for that's plain Tyranny; Stat pro ratione vo­luntas; & quod principi placuit, legis habet vigorem (which are the common principles of all Tyrants) that, That shall be the Law which the king wills, which is more then the Grand Signior claims or exerciseth; nei­ther can this Royal power (whatsoever of late times by flattering Lawyers hath been exposed to deceive the people) enable the king to do that which the Law forbids. What kings as Tyrants will do, makes no­thing to the matter in question, but what they ought to do, and what by the Law, their Oath, and duty of their Office, they are bound to do, is the true state of this Question: Neither were any of our kings [Page 112] ever so absolute in power and Supremacy, but that by the fundamental Laws of this Land, they had their Superiours, and those which were above them, as one of the most eminent and ancient of our Bracton. Lawyers affirms, (often re­cited during the late Contro­versie) viz. Rex habet superiorem, scilicet legem, per quam factus est Rex; alterum, sci­licet curiam, comites, & Barones; which is, The king hath a superiour, to wit, the Law by which he is made king, another (though very much scorned by the late king) viz. The Court of Parliament composed of the Earls, Barons and selected Gentry of the Land; for this Court hath in it the Legislative power or the Authority of making Laws; and who knows not the old principle, Quod efficit tale, est magis tale; that which makes the thing, is greater then the thing made? And another of our eminent and learned Lawyers, Fortiscue Chancellour to Henry the Sixth. fol. 40. cap. 18. positively delivers it as a fundamental Law, that the kings power is no other then that which the Law gives him, and that cannot be farther extended or made greater without the assent of the whole Realm; for should it be otherwise, it fol­lows that the king might then sell, or dispose [Page 113] of the kingdom to whom he pleaseth, which by the Law he cannot do; neither (by the ancient Laws of the Land) can the king sell, or alienate the Regalia and Jewels of the Crown (though the late king took the liberty to sell them for Arms against the Par­liament) neither can the King by his own sole power, dispose of the Cities, Towns, Forts, and Castles of the Kingdom, as the Scotch Lords 1639 told him in down-right terms on his fortifying of the Castles of Edenburgh and Dunbarton; and the reasons they gave, were valid both in Law and reason; for that those Forts and Castles were built for defence, security and safety of the people against Invadors, and not for their offence to be man'd and fortified at the Kings pleasure against themselves; And the reason of this Law is rendred by a most learned and expert Novil. 85. princi. cap. 18. Jurist, viz. Quod Magi­stratus sit nudus dispensator & defensor Iurium Regni, constat ex eo quod non possit alienare Im­perium, oppida, urbes, regionesve, vel res sub­ditorum, bonave Regni, quia Rex Regni non proprietarius: Which is, that a King or Magi­strate is no more then a bare dispensor of the Laws of h [...]s Kingdom; and the reason is ma­nifest, for that he cannot sell or alenate the [Page 114] Kingdom, or the Cities, Towns and Pro­vinces thereof, neither the Subjects goods, or goods of the Kingdom, because the King is onely the Director, not the Owner and Pro­priator of the kingdom: But Royalists and some jugling Judge Ienkins. Lawyers and igno­rant Divines, have both taught and written the contrary, and made the late king believe that his power was absolute and without bounds, which is fearful to imagine, and shameful in those which continue to possess the people with such damnable untruths, as lamentable it is to see the generality of the Nation to stand still unshaken in their belief that the kings rights were invaded, and himself inforc' [...] to make war for his own; the contrary where­unto, that his power stood bounded and li­mited by the Laws of the Land, hath been so often alledged and prest upon him by the Parliament, in their Answers and Expresses, that the re inforcing of more Arguments on a subject so much overworn would be nauseous to all ingenious Readers.

To period this particular, as 'tis the gound-work of all the kings other Prero­gative claims, I shall onely put all Roy­alists in remembrance of that which the Earl of Strafford aver'd to the [Page 115] king 1640. viz. Vide, The Iuncto. loose and absolved from all the reines of Government; whether this assertion (amongst other of the Deputies) tended not to place the kings power above the known Laws of the Land, I appeal to the judgement of any rational man; for as a late, a worthy Mr. John Pim, in his Speech to the Lords. Mem­ber of Parliament observed at the Earls tryal, that the Laws were the boundaries and measures betwixt the Kings Prerogative, and the peoples Liberty: But whether the king throughout the whole course of the late destructive War, and [...]ome years before, was not a prompt disci­ple in the Deputies doctrine, I leave to Royalists to make their own judgement. And whether that which after befell the king and his Fathers house, was not rather of the justice of heaven then of men, I leave to the judgement of all the world. Sure we are, the best Jurists maintain, Si Rex hostili animo arma contra populum gesserit, amittet Regnum; which is, that if a King with an hostile intent shall raise Arms against his people, he loseth or forfeits his kingdom: Now, that the late king assumed to himself such a Royal power as to raise [Page 116] Arms against the great Councel of the Land, I suppose no man in his right wits can deny Its most true, a moderate Royal power to rule by the Laws, is doubtless of Gods Or­dinance; but a Tyrannical power to cut their throats, I am sure is of no Divine Institu­tion, and a Dominion fitter for beasts then men; yet this is that power which Royalists would have fastned on the king; and too many there are which constantly believe that the more injury was done him, that he had it not, as by the Laws of the Land they erroneously conceive he ought to have had.

The Power of the Militia how the Kings.

BRiefly now to the Militia, and what kinde of power our kings by the Laws of England have had therein: It hath been often told the late king (all along the late Controversie) that the power of the Mili­tia was in him no other then fiduciary, and not at his absolute dispose, or that at his own will and pleasure he might pervert [Page 117] the Arms and strength of the kingdom from their proper use, and against the intent of the Law (as 'its visibly known he did even to the highest breach of trust wherein a king could be intrusted:) Now for proof, that this power was onely fiduciary, and by Statute Law first confer'd on Anno 7. Edw. 1. apud Westminster. Edw. 1. in trust, and not his by the Com­mon Law, is most apparent, by the Express words of the Statute it self, which (as they are commonly inserted) were onely for the the defence of the Land and safety of the people, (salus populi) being that grand Law and end of all Laws; now such as are verst in our Historie, know that this Prince was one of the most magnanimous kings that ever swayd the English Scepter; and therefore it cannot be imaginable that he would clip his own power, and so great a right belonging to him by the Common Law, in accepting a less by Statute Law, to his own loss of power, or that ever he would have assented thereunto, by an after Act of his own, as follows in haec verba, viz. Whereas on sundry complaints made to us by the Lords and Commons in this present Parliament, that divers of the standing Bands have been removed and taken out of their [Page 118] respective Counties by vertue of our Com­missions, and sent to us out of their Shires, into Scotland, Gascoyn and Gwoyn, and other parts beyond the Seas contrary to the Laws of the Land, &c. Our Soveraign Lord willeth that it shall be done so no more. Agree­able to this we finde, Anno 1. Edw. 3d. viz. The King willeth that no man henceforth be charged to arm otherwise then he was wont in time of our Progenitors, the Kings of Eng­land, and that no man be compell'd to go out of his Shire, but where necessity requireth, and the sudden coming in of strange Enemies into the Realm.

And in the same kings time, there being a peace concluded between him and the French king, wherein the Duke of Britain was in­cluded, whom the French king shortly thereupon invaded, whereof complaint was made to king Edward, he instantly summons a Parliament, and there moves the Lords and Commons, both for their advice and as­sistance, whereupon it was concluded, that the king should be expeditiously sup­ply'd in ayd of the Britton; but the Act was made with such provisoes and restrictions, as Royallists happily, and others of late years would have deemed them too dishonourable and unbefitting the late kings acceptance; [Page 119] howsoever this Act shews that the ordering of the Militia (of those times) was not solely left to the kings disposure; but that which is of more note, was, that both the Treasure then granted, was committed to certain persons in trust to be issued to the onely use for which it was given; as also that no Treaty or any new peace or agree­ment with the French King should be made without the consent and privity of the Par­liament; By these instances all Royalists may make a clear judgement, that the Mi­litia of those times, and the power of the Arms of the Kingdom were never so ab­solutely conferr'd on our kings, as that their power therein extended to such a latitude as they might use them as they pleased, and to turn that power (provided for the onely defence of the people) against themselves; and therefore wheresover we finde the Mi­litia, by other Statutes conferr'd, and yeeld­ed to the disposal of our kings, without any particular mention of the word (trust) which is necessarily imply'd, or exprest in most of the Statutes or their preambles, viz. Note that these words, viz. for the defence of the Realm, or common profit are afore inserted [...]ither in the Stat. them­selves, or in their preamb. In these wotds, For the honour of God, the Church, common profit of the Realm, or defence of our people; [Page 120] No man in common reason can conceive the Militia to be such an inseparable flower of the Crown, as if it had been brought into the world with the King, and chain'd unto him as his birth-right, but onely as a per­missive power recommended unto him by the people in their Representatives, as the most eminent and illustrious person to be intrusted with such choyce weapons, in trust and confidence that he will use them no otherwise then to the end for which-they were concredited unto him as the Sove­raign of the people, and for their onely safety and defence which trusted him in honour of his person and place; Many o­ther Statutes there are (though some of them repealed) which prove the Militia is onely fiduciary, and not absolutely inherent to the Crowns of our Kings.

Now for our conclusion of this senceless & illegal Prerogative (as to the absolute power thereof) let us in a word take notice of the destructive consequence; admitting this power should be left to the Kings absolute disposure, it then follows that he may take all that the Subject hath (for he that hath the power of the sword, on the same ground may command the purse,) which the late King not onely intended but practised; witness the many great sums of money, plate, jewels and other [Page 121] moveables whatsoever taken either by his command or permission in the late Wars; the instances whereof would amount to a vo­lumn; and as to his intentions, without injury to his memory, we may take notice of his own expressions, in his Letters to the Queen; viz. That though he wanted money, yet good swords and Pistols would fetch it in; Ex un­que Leonis; We may judge of the Lyons strength by his paw, and of the kings in­tentions, had he lighted on the fortune to have mastered the Parliament.

Of the Kings Negative Voyce in Parliament.

WE now come to that so much asser­ted and inseparable Flower of the Crown (as the king and Royalists would have it believed,) viz. his Negative voyce in Parliament; a claim so absurd and con­trary to Law and Reason, that wise men may laugh at it, and fools discern the distru­ctive consequence thereof; for at one blast or breath of the kings, it utterly frustrates the very Essence and Being of all Parliaments, [Page 122] and obstructs all their Consultations; and whatsoever they shall never so well advise and agree upon as a necessary Law, shall be made of no effect with this one single word of the kings (Negatur) which is point blank against his Corronation Oath, where he swears or ought to swear to Govern both by the old Laws, & per istas bonas leges quas vulgus eligerit, (though it pleased the Arch­bishop to emasculate that most essential part of the Oath, so to leave the king at liberty) and by such good Laws as the Parliament shall chuse, so that the Legislative power hath always resided in that Soveraign Court to make and unmake Laws according to the vicissitude of times and change of mens manners, and not at the kings choyce, who hath only the distributive power, when Laws are made to see them duly executed; and the Law of the Land also limits that power; for the king, (as before 'tis noted) cannot exe­cute the Laws at his own pleasure, but in and by his Courts of Justice. But strange it is, what a ridiculous construction Royalists have made of the verb eligerit, to be meant in the preterpersect Tense and not of the future, to make any new Laws (though never so ne­cessary) but that the people must stand to their old Laws (though some of them [Page 123] never so fit to be abrogated) unless the king please to give way to the establishing of new, or repealing of the old, which is a most irrationall and destructive assertion: Nei­ther may we omit to shew what Royalists farther aver, that such is the necessity and force of the Kings assent, that be the Law never so useful and beneficial for the people to be established, yet without the Kings (fiat) it can never have the force and stamp of a Law; which is the same as when the King chosen Generalissimo, and trusted with the conduct of the Kingdoms Armies, will turn the mouth of the Canon from the Enemy on his own Souldiers, and deny them to provide for their own safeties: such ab­surdities have the late and present Licenciates of this time ran into, as if men had been be­witch't to betray their own freedoms; It is not denyed, but that the Kings assent to a Law (thought fit by the Parliament to be Enacted) is very necessary; yet it follows not that it must be of necessity; for if the King out of a perverse humour will not (after some time of consideration) assent to such a Law, which if not ratified by his (fiat) tends to the inevitable destruction of the Common-wealth, shall the publick safety be neglected for the humoring of one mans [Page 124] obstinate will? and in such a case ought not the States Assembled in Parliament provide against a common mischief, Enact and Or­dain for the publick indemnity as former Presidents in such cases may direct them, and when no other remedy can be had? The Lords in the time of king Richard the Se­cond, would not be so answered, when they sent him word that if he would not come to the Parliament (according to his promise) and joyn his helping hand to theirs in re­dress of the publick grievances, they would chuse such a King that should.

The Array of the People.

WE now come to the principal and practical part of the kings power over the Militia; for the Array of the people is the grand piece of that usurpatious claim; viz. That at his own will and pleasure he may send forth his Commissions to Array the people against themselves; and this power (under colour of Law, and of right belong­ing unto him) the universal Nation knows he forbore not to put in execution against [Page 125] their Representative, summoned by his own Writs, a president without president, nei­ther for the legality known either in our Histories or Law-books, otherwise then by consent of Parliament, and in cases of immi­ment danger for opposing of an invading Enemy; but for a king trusted with the de­fence of his people, in calms of peaceable times, and on no necessity, to put in executi­on such a reasonless and unlimited power, as one of his Royal Prerogatives, and to main­tain it by the sword, was besides the breach of his Royal trust; such a daring action, as none but a Tyrant in folio would have at­tempted. 'Tis true, that heretofore, during that long continued feud between the Eng­lish and the Scots, divers Gentlemen of the North parts and others on the Welch-Bor­ders of the kings Tenants, were by their Tenures bound to rise, watch and wind Cornage Tenure. horns, on all incursions of the Scots; and of these kind of Tenures, Littleton treats in his chapter of petty Serjeanty; but I suppose none so very cowards (though not bound by their Tenures) but would take up Arms in the common defence, and contribute their best assistance for the expel­ling of an invading Enemy, though in this [Page 126] very case (by the Law of the Land.) 'Tis very dangerous for him, that shall raise Forces without special Commission from the King and Parliament; and The Lords Cromwels Case. Cromwel Earl of Essex in Henry the Eigth's Reign, (though at that time Lord President of the North) dyed for no o­ther cause then this, that he raised an Army both for the suppression of an insurrection, and expulsion of the Scots; so nice and provident our Ancestors have ever been of levying Armies in the bowels of the Land on any pretence what­soever; But for the king first to raise an Army at York, assuring the Parliament that it was to no other end then for a Guard to his Person, and therewith to cause so many half-witted Lords (then attending him) to attest that for truth, which was false, as it ma­nifestly appeared by his immediate marching to Nottingham, where he set up his Standard of War, as a summons of the people to his assistance against the Parliament, when him­self was both the first Assaulter and Invader: and yet at that very instant of time, to re­assure the Parliament, that he raised not his Standard against them: and at the same con­juncture [...] of time to send out his Commissions [Page 127] of Array, was doubtless such a breach of Trust, and a Treachery of so deep a die, as that in all our Histories we finde it not par­rallel'd amongst all our kings, but onely in that Tyrant of Tyrants king Iohn, who indeed invaded the Land, and ruined the Castles, and Houses of the Barons & Gentry that opposed his Tyrany, and came not to his assistance at a call; and in this kinde of Tyranny, it can­not be gainsaid, the late king came not be­hind him, if not exceeding that irregular king, as 'twas evident by this instance, that im­mediately after the sending forth of his Commissions of Array, on the heels of those, issued out his Commissions of Oyer & Ter­miner, to hang all those which adhered to the Parliament. But in a little more to the il­legality of the kings Commissions of Array, both before and after the setting up of his Standard; surely those Lawyers that waited on him first at York, and after at Oxford, were doubtless those which mis [...]ed him, and with such artifices and pains drew up his Answer to the Parliaments Declaration of the first of Iuly 1642, against the legality of the Commissions of Array. He that will take the pains to examine that Declaration compared with the kings Answer, may soon perceive that the Contrivers and Penners [Page 128] thereof were not so honest as they should have bin, neither as it seems so wel read in the Laws, or so expert workmen, as to avouch the Statute of the 4. & 5. of Hen. the 4. 150 times over in that Answer, and not­standing all their endeavors, to entrust the King with a legal power to send forth his Commissions for arraying of the people at his own will and pleasure without consent of Parliament; yet those fine Iohns for the king, have not, neither could they produce any scrap of Law or piece of Statute that enables the king to Array the people against themselves, to engage English against En­glish, and to set so many as came into his assistance together by the ears with those which adhered to the Parliament, and at a time when there was not the least fear or ex­pectation of an invading Enemy, more then of those which the Parliament feared should be sent him out of France, Lorrain, and Denmark; but to what other ends then to ruine the Parliament, let any impartial Royalist make his own judgement; 'tis true, that in case of Forraign invasions the king by Law hath been evermore trusted as Generalissimo to command the Force [...] of the Kingdom, for defence and safety of the peo­ple, and to no other end; and so was the Law [Page 129] expounded in Parliament, the thirteenth of Queen Elizabeth, but never so wrested be­fore by any of our Lawyers, as by those that waited on the King, would have enforc't thereby to impower him at pleasure, to com­mand the strength of the Kingdom against it self; and surely it appears to me and thou­sands more, that forty Judges, Serjeants, and Lawyers, then in both Houses of Parliament, should better understand and know more of the Law, in the case of Commissions of Array, then those eight or ten Littleton, Banks, Lane, Heath, the Atturney Herbert, Palmer, &c. sycophant fellows that followed, and anima­ted the King in such irre­gular motions, onely in hopes of preferment, and to form him into such a posture of absolute power, that when he pleased he might destroy himself and the Kingdom, as that to our grief we may re­member they had taught him, and put him in the high-way of the accomplishment. I remember a pertinent passage related in our Histories, how that the Earls of War­wick and Leycester being peremptorily sum­moned to attend Edward the First into France, the Earls in plain English told him, that by the Laws of the Land they were not bound to wait on him out of the Land at his pleasure, but onely within the Realm and [Page 130] for the defence thereof, and that onely on Invasions of Forraign Enemies; which agrees with that before recited of his taking the Train-men out of their respective Coun­ties by his Commissions, to serve him in Gascoyn, Gwyn, and other places beyond the Seas, contrary to the Laws of the Land, which grievance the King then redrest; nei­ther could I ever yet finde any one express Law or Statute that enables any of our Kings by their sole power without consent of Par­liament to Array the people, but onely in the case of Forraign Invasions, and coming in of strange Enemies; howsoever the Penners of the Kings Answer to the Parliaments Decla­ration, have laboured (though to no pur­pose) to prove it otherwise; however 'tis worth the observation, what fruitless pains they have taken in their frequent reci­tals of the Statutes of the 4. & 5. of Hen. 4th, the 13. of Edw. the 1o. 1. Ed: 2d. 25. of Edw. the 3d. 9. of Edw. 2d. the 4. & 5. of Phil. and Mary; 1o Iacobi, with divers others, all of them principally tending to the Assize of Arming the Subject secundum facultates, according to his ability; those Assizes ha­ving been almost in every Raign altered, and the Statutes according to the vicissitudes of times, change of Arms, and invention of Guns, for the most part of them repealed, [Page 131] and new Statutes made in their rooms with power of Commissions to be issued as the exigency of affairs should require on In­vasions from abroad, home defence on In­surrections, &c. All which so often and so much prest in the Kings Answer made no­thing to the matter in question, between him and the Parliament 1642. The point in que­stion, was not then concerning the old Commissions of assizing Armes, or Com­missions of Lieutenancies in every Coun­ty; but the reasons of the Parliaments De­claration, and the exceptions they took, were against that exorbitant power the King assumed to himself under pretext of Law, to Array the people one against the other, and against their Representative, as that sure enough he failed not to put in practise, howsoever disguised under an elaborate and ridiculous Answer, when (as we have noted before) there is not one Statute or scrap of Law to be found in all our Law-books, that legally enables the King to raise war against a Court of Par­liament, and raise combuston in the bowels of the Kingdom; which I trust may satis­fie all Royalists, that the Parliament had then good cause to complain, when in times of Peace he made them times of war and desolation, by sending out those his [Page 132] illegal and destructive Commissions, which whether they were so or not, doubtless the Parliament was better able to judge and determine then the King or his Minions then attending his Person.

Of the Kings Prerogative to call and dissolve Parliaments at his own will and pleasure.

AS to the Kings power to call and dis­solve Parliaments at his will & pleasure, to summon a Parliament with one breath, and blow it away with another blast of his mouth (as 'tis still frequently maintained by Royalists and others newly started up, that by Law and presidents he was enabled to do) is an assertion so irrational, as that I wonder not so much at their ignorance, as their audacious language; since 'tis the known Law of the Land, and by two Statutes of near 400 years standing, ordained, That Par­liaments shall be call'd once every year, and oftner as the emergency of affairs may give occasion; why then it should rest in the kings onely power to call them, and that his assent to a Triennial Parliament should be such a [Page 133] boon bestowed on the people, surely may encrease the wonder, since by our old Laws and the usuages of former times, they ought not to be dissolved, until all grievances be heard and redrest; otherwise to what end or use were Parliaments Instituted? which as one calls them, are the Beasoms that sweep clean all the nasty corners of the Common-Wealth. But observe the sad consequences of this absurdity; for suppose the King would not call any Parliament in ten or twelve years together till his necessities inforc't him, how then should the publick grievances be redrest, and by whom shall the disorders and obliquities of the Church and Commonwealth be rectified? Royalists An­swer, by the king alone, or his Councel of State, as the suprem Magistrate within his own Dominions; A strange task surely for one man to undergo, and more then that active Magistrate Moses was able to per­form, as we may see by Exo. 18. Iethro's Counsel, who advised to take in­to his assistance, the Princes and best of the people to ayd him in the Ad­ministration of Justice to the Israelites, and all that with the least in a populous Nation. Well then, let it be considered how many grievous enormities and disorders (during that interval of ten years discontinuance at [Page 134] least of Parliaments) were crept into the Church and State (meerly through their dis­use) we have sorry cause to remember, when through the pangs of the kings necessities, the ill managery of the publick affairs, the prodi­gality of the Court, the corruption of all Courts of Justice & the Judicature, with the li­centiousness of a dissolute Clergy, inforc't him at last to cal the late Parliament; yet how soon he endevoured by his many wiles & practises to annihilate it, nay, by all possible means he could invent, hindred their endeavors, in reducing the Church and Common-wealth into order, never ceasing to interrupt their consultations, purposly to disorder and thrust all into a Chaos of confusion, insomuch as to this day, the Parliament have had their hands full to finde out the means how to reduce and settle things in that order as at first they might have been, had not the publick affairs been obstructed, and all reformation hindred by his onely means, so to render them as odious to the future, and as contemptible to the people, as heretofore they were bo­loved and desired of them; notwithstanding that at their first sitting down he promised to contribute his own Authority to theirs, and to leave the re-ordering of all things amiss to their onely managery, an overture so acceptable unto them, as that in retribu­tion [Page 135] thereof, how willing and intentively bent they were (in the midst and heat of their distractions) to make him rich and glorious; and how indulgently ready to cover his faults in the recovery of his honour at home, and his reputation abroad, none unless blinde men, or besotted, but may remember: But the truth was, he could not brook any Rival with himself in the Government, pursuing to the last his design of absoluteness so long, that in the end the Parliament was inforc't not to retain any longer such a Rival as a King amongst them, but rather chose to estate the people in the same peaceable Go­vernment as we see it now established, then to imagine themselves able to better it by retaining of Kingship.

Of the Kings Prerogative in granting of Pardons to Mur­therers and Fellons.

WE now come to that Prerogative, or rather lawless usuage of our Kings in granting their Charters of pardon to Murtherers and Fellons condemn'd by the [Page 136] Laws of the Land. 'Tis confest, that it hath been practised by all or most of our Kings, though as it may be supposed, rather per­missively then by vertue of any Law extant; but by what warrant in Justice they have assumed such a Soveraign power to them­selves, will be the question; for by Gods Law, 'tis absolutely forbidden; Yee shall take no sa­tisfaction for the life of a murtherer which is guilty of death, but he shall be surely put to death. Numb. 35. 31. and vers. 33. Ye shall not pollute the Land wherein ye dwell, for blood defileth the land; and the land cannot be clean­sed of the blood that is shed therein, but by the blood of him that shed it. Thus much briefly may suffice as to Gods Law; Now as to the Laws of England, the King cannot pardon a Murtherer or Fellon condemn'd by the Laws of the Land, without a plain breach of those Laws and his Coronation Oath; for Anno 2d Edward the Third, it was by Act of Parliament ordain'd, that Charters of pardon should not be granted but onely where the King may do it by his Oath. And further amongst this Kings often breaches of the Laws, this very particular of his frequent granting of pardons to Murtherers was complained of in open Parliament; and the King by three several 4. Edw. 3. I dem 16. Acts was restrained in those [Page 137] cases; but how faulty both the late Kings were in pardoning both Murtherers & Fellons condemn'd by the Laws, is too well known; and how guilty and insensible the late King was of shedding of innocent blood, three Kingdoms have lamentable cause to re­member.

Of Wards, Ideots and Mad men.

AS to the Kings Prerogative in taking of Wards and their Marrages, it hath been granted him by Statute Law, as hereafter shall appear; and as to Ideots incompos mentis, and madmen, or such as have by accident fallen into destraction, for the king to assume to him­self their estates, doubtless there is no Law for it (as I can remember) extant, otherwise to dispose of their estates, but an accompt to be given to the next Heir at Law; and this of late years was resolved by Mr. Calthrop his own Aturney in the Court of Wards, in the case of the Widdow of whose husband being burnt with powder at a muster in Moorfields dyed, & his wife for grief falling [Page 138] distracted, the King gave her estate to one of his Mr. Ramsey. servants a Scotch-man; but she having many chil­dren and good friends, they petitioned the King therein, and in the end he was pleased to retract his grant as to the whole of the estate, but with this proviso, that Ramsey should have the use thereof du­ring the Widows life, in case she continued incompos, giving security for the repayment to the children; but the Gentlewomans friends found it unsafe to trust so great an estate as 30000. l. in Ramseys hands, and therefore with great difficulty they drew Ramsey to accept of 3000. l. ready money to to be quit of him.

Of the Kings assertion, that he was not accomptable for his actions to any but to God alone.

AS to that odious position or rather Ty­rannical assertion, both of the Fathers and the Sons, that they were not accomptable [Page 139] for their actions to any but to God alone, doubtless 'tis an impious position, and in the next degree to blasphemy, and cannot be (without repentance) forgiven of God, nor forgotten of men, and those of their subjects which felt the effects thereof. Should we longer insist on this Theam, and produce proofs that Kings for their irregularities and Tyrannies, have in divers Kingdoms been call'd to account, they would amount to a Vo­lumn. The Justice of Arragon, the Ephori amongst the Lacedemonians, the Senate of Rome, the Parliaments of England and Scotland, will soon evince and put this que­stion out of doubt; for Kings as well as subjects, both by Gods Laws and mans, are under the Law; and in this kingdom and many other well regulated Soveraignties, they have been often over-ruled, withstood in their exorbitancies, sued at Law and evi­cted, and some deposed, expeld and sen­tenced to death; and should it not be so, Subjects would be no other then inanimate slaves; sure we are, Almighty God never impowered Kings with such absolute So­veraignty that might enable them to tram­ple on their subjects without controule. Saul made a rash vow (as a Law to the Isaelites) that none should eat any food [Page 140] all the day until the evening but he should die; Ionathan, being then absent & not know­ing thereof, had dipt his rod in a Honey­comb and tasted it; but being told of his Fathers Law, he answered the people, My Father troubles Israel; and indeed such troublers there are amongst kings; howsoever Ionathan was sentenced to death; but the people withstood the king, and swore that a hair of his head should not fall, and they rescued him in the face of the king; cer­tainly should not there be some one other power in a kingdom to curbe and con­troule the exorbitancies of irregular kings (for few of them are Saints) no man should be exempted from their oppressions; and therefore Bracton delivers it as the law of the Land, that in such cases the Barons or Parliament ought not onely to withstand oppressive kings, but to call them to account for their misdemeanors, which may suffice to show how much the two late kings were mistaken in this their Tyrannous asser­tion.

Now Gentleman Royalists, these So­veraign Rights (as you would have them) so often treated on, utterly dissonant to the Laws of the Land, whereunto particularly I have briefly made answer, are those good­ly [Page 141] Prerogatives wherewith you would have invested the late king as his indubitable birth­rights, and inseparables of his Crown, for which you still constantly aver he was com­peld to fight, and your selves with him to uphold them; where I must by the way remember you of a time, when he shamed not to Vide, The Kings Coyn at Oxford. divulge it to the whole Nation, that he fought for the Protestant Religion, the Laws of the Land, and Priviledges of Parlia­ament (for he was not to seek wherein to please the people, and win them to his cause, though never so unjust) when as in truth he fought against all those three, and so long as untill he could fight no more; but by what law or reason other then his own, none may better know then your selves, which as well as infinite others that opposed him, have felt the fruits of your unadvisedness, & the effects of his obduracy, his cunning and crafty fetches to attract friends for backing of an unlimited Soveraignty, to which had he at­tained, it would have been no other then too heavie a burthen for him to bear, a sting in his own conscience, & a sore in yours, which you will all finde, whensoever it shall please God to open the eyes of your understanding, and [Page 142] enable you to see how you have bin decoyed in with Oathes, Protestations, and hopes of preferment, & made the instruments of your own Invassalage. This if you believe not to have been the design, yet you may finde it legible, not onely in the claims and pretences he made to those illegal and irrational Pre­rogatives before recited, but more appa­rently figured in that bloody Rubrick of a continued War, which he so long waged to be absolute master of them, and consequenly over all the free people of England. Thus have I shewed you how invalid the grounds are whereon you continue to insist in ju­stifying the late king and your selves; how dissonant, and contrary to the Laws, usuages, and Statutes of the land; such was the wise­dom and providence of our ancient Parlia­ments in all their enactings, evermore to pre­fer the common interest before the kings, though they failed not to gratifie them (as they found them compliable, to the redress of the publick grievances) with many Royal immunities, as we may finde them registred in the Statutes at large, on the Title of Pre­rogative, some whereof I think fit here to present to your view, that so you may judge whether Sir Walter Rawly was not in the right, who avoucheth that few of our kings [Page 143] but have gotten ground and improved their Soverainties meerely by their Parliaments, & as I verily believe none more then the late unfortunate King, had he been pleased, (in imitation of Queen Elizabeth) to have com­plyed with the late Parliament. But as to his Prerogative of Wardships and Marriages, they were first conferr'd on our Kings 17 of Edw. 2d, their primer session, 52. Hen. 3d, the tuition of Ideots and distracted persons, 17. of Edw. 2d, 32. of Hen. 8th, but with several proviso's of accompts to be made to the next Heirs of Ideots, and the children of him that was incompos mentis. As to wracks of Sea, Whales &c. they were given by Parlia­ament to Edward the Second the 17 of his Raign; Felons goods the 9 of Hen. 3. power to make Justices of peace; 27. of Hen. 8. the Legitimation of the Kings children born be­yond the Seas; 25. Edw. 3. Tonage and Pondage to Edw. 4. pro tempore, yet granted to every of his Successors by the meer in­dulgence of their Parliaments, though the late King challenged it as his own right. I may not omit farther to inform you, that this Nation hath not been so much abused and deceived by any one proficient in our Laws, as by that false and jug­ling Judge Ienkins, who in his Lex Lex Terrae, a most vile and fraudulent peice. Terrae, by his [Page 144] accumulation of several Statutes, insinuates and endeavors to make the Kings power absolute, and consequently the people mee [...] Slaves and Vassals, alledging this and that to be the Law of the Land, which is not or ever was, taking his Authorities and Authors by piece-meals, curtaling the Statutes in their sense, without the explanation of their mean­ings and intents; whereby (on my own knowledge) he hath deceived and prevailed on the belief of many in the Nation: But not longer to insist on this subject, I shall onely say, that the Soverainty of our kings hath been ever of a mixt nature and not ab­solute; and as Bellarmine affirms of Mo­narchies in his Chapter De Romano Pontifiee, Monarchiam temperatam & mixtam inter Aristocratiam & Democratiam, semper me­liorem esse puts: That a Monarchie mixt and tempered between an Aristocratical Go­vernment and a Democratical, is the best of all Governments: so am I bold to avouch such hath ever been the nature of our English Soverainty; would the late King have so conceived of its constitution, or given credit to the old learned Lawyers, viz. Bracton, Fleta, Fortiscue, and many others; for the Kings of England have originally received their power from the people; Potestatem à populo effluxam Rex habet, quo non licet [Page 145] [...]potestate alia populo suo dominari, Fort. de leg. Aug. The King hath his power from the people, and ought not to govern them but by that Power and Law which he had from them; though Royalists generally have otherwise conceived thereof, supposing that the King cannot be a King, unless he be absolute in power and command over the people: which was the error or rather wilfulness of the late King, who knew not or would not know the extent of the English Soveraignty; but what out of his own inclinations, and others infusions he was induced to believe, that he could not rule otherwise then by a plenary power: which is most dangerous to himself: for plenitudo potestatis, est plenitudo tempestatis, and enables him to destroy himself at his own plea­sure, though the late King conceived otherwise, and that to be subject to the controule of a Court of Parliament, he could be no more then a mock-King, or a Duke of Venice; And certainly the gene­rality of the people thought no less; and that a king was such a supernatural and Divine creature (not made up of sinful flesh and blood like other men) as the poor woman conceived of Henry the Eighth, who riding in progress through a Country [Page 146] Village, attended with a great train of No­bility, the Woman cryed out, Shew me the king; which of these is the king? He (quoth a foot-man) whom thou seest with a Feather in his Cap and a blew Ribban about his neck; Whoo! crys out the wo­man, will you make me believe the Moon is made of Cheese; that's a very man, or else I never saw one in all my life; And the silly soul was in the right; for kings in their humane nature, are no other then mortal men, though in their other capacity (as they are kings the best of men in Supremacy) yet the worst, if they neglect the duty of that great Office wherewith they are invested (by Gods appointment) for the publick good, more then their own; but I have taken too much liberty in ex­patiating my self on a subject so often treated of; though my design therein ex­tends not beyond my affection, which hath lead me rather to perswade by the soft Argument of Law and Reason, then in bit­terness of language to exclaim against any mistaken in their opinions; not doubting that either themselves or any other (on due consideration) will tax me for imper­tinency; when as 'tis well known the whole state of the old Controversie (since the dis­solution [Page 147] of the late Parliament) hath been and is assidually revived by Royalists, and a new disconted sort of male-con­tents, which forbear not to justifie the late King in all his errors, and condemn the Parliament for invading his just and right­ful Prerogatives; so that what and how many soever they are, they must not ex­pect but that of necessity there will new An­swers be made (though upon the old matter) to new objections, which may satisfie all such as out of the over-fineness and sharpness of their wits, will censure whatsoever hath been afore said on a sub­ject long since determined, to be both needless and impertinent; But to con­clude;

It now onely remains, that we proceed to the Law of God and by Scriptural proof to facillitate a reconciliation be­twixt Royalists and that party which ad­heres to the present Government, wherein I shall briefly shew first the justness and lawfulness of their cordial submission to the powers in being; secondly, the neces­sity of their union one with the other, with the profit which thereby will re­dound to the mutual benefit of the whole Nation, not doubting but that by this little [Page 148] which hath been spoken as concerning the Royal Prerogatives, they may receive some kind of satisfaction, that neither the Kings Interests in them were sufficient grounds whereon to lay the foundation of those bloody wars he so long waged against the great Judicature of the Nation, or that they were so valid in Law as to warrant Royalists to assist him to win them by the sword: That controversie being long since decided, and the Power of Go­vernment in other hands; yet in a little let us now examine to whom in con­science we all ought to yield our obedi­ence: S. Paul to the Romans 13. on this very subject of obedience to Authority, prescribes this as a general rule to all men, viz. Let every soul be subject to the higher Powers; The reason of this Precept fol­lows, viz. for there is no power but of God; And thereupon he infers, Therefore ye must needs be subject not onely for wrath but for conscience sake; and to this he ex­horts Timothy to pray for a blessing up­on all those in Authority: Now if Roya­lists make question, (as usually they do) of the lawfulness of the present Authority, and say 'tis usurpatious and unlawful, then they fall foul on Gods Oordinance, and [Page 149] they question S. Pauls Doctrine, and con­tradict the very reason of obedience in the Text, viz. for the powers that are, are the Ordinance of God: Now that this may more evidently appear, upon what a rock Royalists fall, by calling into question the lawfulness of the present powers, I shall intreat them to take it into their second considerations, whether then the Apostle was not out of the way, when he delivered this Doctrine of Obedience to Authority to his Coun­try-men the Jews, which was in the raigns of Claudius Caesar and Nero, both which came to their powers meerly by usurpation and the sword; but these Em­perours being in possession, S. Paul takes no exception (as Royalists do) against their unlawful coming into power, but en­joyns obedience to be yielded to them; and can any of them positively and of truth affirm, that the powers of this Common-wealth are not devolved and confer'd on the States here by the Ordinance of God? Bucer on this very Text. Rom. 13. says, That when the question is, whom we should obey, we ought not to question, what he is that exerciseth the power, or in what manner he dispenseth it; but it only sufficeth those which live under it that he hath power; [Page 150] for if any man hath obtained power, its then out of doubt, that he received that power of God; and then without farther scruple, thou must yield thy obedience to him and heartily obey him: And 'tis mani­fest, that when Christ and Iohn Baptist preach't the Gospel, it was at that very time that the Romans by plain Conquest and Usurpation had gotten the possession of all the Territory of Iudea; neither of them did then teach or disswade the peo­ple from their obedience to them, or that they should not yield submission to those that had Tyrannically obtained their power by the sword; for 'tis plain, Mat. 22. that Christ did teach that Tribute was due unto Caesar, and he himself paid it: Again, Pet. 2. Be ye subject either to the King as Suprem, or unto Governors as those which are sent of him. It would be superfluous longer to insist on this subject, on which so much hath been exposed to the publick view; it may therefore suffice without other Argu­ments then such as our blessed Saviour and his Apostels taught and practised, to perswade obedience to powers in [...]eing: Onely I shall close up this hearty ad­ [...]ress to all Royalists with a piece of a Speech delivered by a Learned Gentle­man [Page 151] Mr Thomas Warmistry in the Convoca­tion, 1640.; viz. ‘The Law of God in Scripture and Rea­son, is the main and gene­ral root and trunk; and all good Laws are banches that grow from thence; and whatsoever hu­mane Constitutions cannot either in a direct line or collateral derive themselvs from them, are bastard Issues and shameful to their Pa­rents, and the Law-makers sins in framing of them; yet the difficulty of Government is to be considered, and many things to be born with; for though they have no ground in Gods Law for the injunction, but are meerly frivolous, and perhaps bur­thensome; yet if their Authority disables them to make it, and enjoyns me to no Act contrary to my allegeance to God, it is their sin, but my affliction, and must be born as other calamities; for though that law hath no good end, yet my obedience hath; Obedience it self is a good and laudable thing, and I may have the end of maintain­ing order or preserving peace, and avoyd­ing disturbance in the Church and Com­monwealth, of preventing scandal and the like, which are ends prescribed by Gods Law to regulate and frame our actions by: All things are not to be turned upside down [Page 152] upon every inconvenience that may be ap­prehended in a Law, whether it be Ecclesia­cal or civil; for besides that there are few that are fit Judges of a Law: that may be unlawful for Governours to command, which yet is not unlawful but expedient for me to obey being commanded; as it was un­lawful for Pharoah to command the children of Israel to make Brick without Straw (as being tyrannons) and so sinful in him, as it was unlawful: but rather commendable in them to obey it as far as they could; and S. Paul will have servants to be obedient unto their Masters, though they be froward and perverse. Indeed, if they enjoyn me to do any thing wherein I should offend against Gods Laws in the least degree; no pretence of any, though never so many or so great good ends, must make me withdraw my allegeance from him, and pay it to humane powers; The authority of all men is limited, and so must our obe­dience to them be also. The Supream power of God is the foundation of all Au­thority; and therefore our duty unto that must be preferr'd in the first place, and without all leave or exception whatso­ever: peace must be maintain'd with the rules of piety and trust; and any scandal [Page 153] to my brother, must rather be admitted then I should prevent it without Gods leave: The rule of Mr. Calvin is good here, Sicut libertas charitati, ita charitas fidei subjicienda est; yet in this case I am to disobey, as modestly and as inoffensively, and with as much shew of reverence to the Ma­gistrate as may stand with our duty unto God; yet resolutely too, not faintly or fearfully, as the three children unto Nebu­chadnezzar, Dan. 3. 17, &c. And where we cannot yield obedience, we must yield the third duty of subjection; especially where the Authority is absolute and supream under God, which may be variously stated according to the Laws and Customs of se­veral Countries and Dominions; then in case we cannot obey, we ought not to resist but suffer, and yield a passive obedience where we may not yield an active one, according to the rule of Gods Word, They that resist, shall receive unto themselves damnation.’ Thus Royalists and all may see the judgement of a Gentleman of temper and learning, concerning obedience to be given to powers and Magistrates in being.

I come now to the necessity of Royalists obedience to the present Government, with the profit and security that of course will [Page 154] acrew to themselves and the whole Nation, by their cordial conjuncture and compliance with the present powers; As to the ne­cessity thereof I shall say no more, but that if they continue obstinate and fix'd to their erroneous principles, and look back with Lots Wife, to him that claims as heir to the late unfortunate king, the consequences and sad effects whereof are particularly layd down in the former discourse, if they be not hardned and past understanding, they will make the best of them to tremble to think upon the issues, whensoever he comes in by their assistance (though surely very impro­bable) and their posterity will doubtless curse the time that ever they had such Fa­thers as were the unhappy Authors of their invassaladge, and the betrayers of the com­mon freedoms of the English Nation; which of necessity must follow whensover the Scotch Pretender comes in by the sword; so that the necessity of their compliance depends on this hinge onely, their present conjuncture with the present establishment, since this state cannot be secure so long as such a numerous party of rotten hearts re­maines, lurking in all corners of the Land, and lying at catch (on all opportunities) to disturb the present settlement; for preven­tion [Page 155] whereof, it hath been the advice of none of the worst heads, on their next di­sturbance or insurrection, to proscribe not onely all such as shall be suspected, but to take the course of Justice with those that shall be known actors in any such attempt; neither let any of them think this course strange, since there is no reason to be given to cherish the Viper too long in the bosom of the Nation, least in the end he eats through the bowels thereof; and as a wise man says, What wisdom or providence can it be for this State to suffer such to live amongst them that will not co-operate, act, and joyn with the present powers? And what sense is there, that after so bloody and rapacious a war ended, and peace resettled, that if Royalists will, they may live quietly and peaceably, yet cannot forebear to spit their venome against those which have rescued them from invassalage; why then should others be seen in unlawful things for their benefit, which refuse to do right to others and them­selves?

Gentlemen Royalists, I have now done, and more I would be willing to do for you, may it be to your advantage; but I know not a more ready way thereunto then at [Page 156] least to advise you to sit quiet, or cordially to employ your selves in the publick ser­vice.

To conclude, I wish you all to call to minde, the late banishment of the Moors, out of the Kingdom of Granado into Africa, for no other cause but that the Philip the Second. King could not convert them from their Mahometan to the Roman Catholick Re­ligion; a punishment that at best will befall you, whensoever you shall be found con­triving of any new disturbance. On this consideration I leave it to your selves to make judgement whether there be not a ne­cessity of your timely compliance and con­juncture with the rest of the Nation, that stands firm and faithful to the present Au­thority; under which we are all bound to give God the glory and praise, that since the sheathing of that raging and bloody sword of the late kings, we may if we list live quietly, enjoy the benefit of our old Laws (if not better) and the peace of our own houses in security; blessings which of late years we had not, neither can we ever have them by the way you perserve to walk in, and wish for by re-introducing Regal Ty­ranny inseparably united to the Scepters of [Page 157] most Kings, but undoubtedly to all those which are brought in by the power of the sword: from such, that our good God will deliver us, shall be the hearty prayers of

Yours, most devoted to serve you in all honest and just Endeavors. T. L. W.
FINIS.

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