MONARCHY ASSBUTBl), .. > . jfTo be the beft,naoft Ancient and \ legall form of Government , in a conference had at Whitehall, with OI1V E R | late Lord ProteBor & a Committee of i arlIamenT: I ■ I Made good by the Arguments ©f ' Oliver.St,lohw, Lord.chief Juftice. Lord chief Juftice Glyn. Lord Comm. Whitlock. Lord Comjfa. L'tjle.. Lord Comm, Fines, Lord Broghall. Mr. of the Roles. > Ss,Charles Wolfe ley. Sr. Richard Onflow. , . Colonel Iones. Members lof that .. [Commit¬ tee. I; LONDON, . f ' Printed by John Redmayne for Philip Cheftoind , i 6 $o. S ls Hen once the Sword! 1|| had fubdued the See- pter 9 and Policy 111 ( though covered with the vail of Piety) had ad¬ vanced the Military above the Civilpower: Thou canftnot(if a Native) be ignorant, wh at were the fad effe&s of our Civil War. Magiftracy and Miniftry delpi- fed, Law and Gofpel flighted, Propriety in vaded, Parliaments; garbled, garbled, & tmdeliiblervientto ajpbitiousgreatnefle. The An* dent Parliamentary Nobility £cpcout,and Iack^ndTom made Lords ofthe Other Houle. And though our grand Politicians; vyhich lateatthe Helme of State, framed for us many models of government, (fuch as bcflfuted their Teverall Interefis, and might lecurc their vaft cdatcs) yet none did Qmdrare: Nor ; would the Military men be liib- : je&toany, except they might j be freefrom all, but the Marti- ; aU; and might for ever be a bo- I dydiftind, and not liibje<3: t© the Civil power. By this the people clearly fore law that CM would 3W0uld.bc tmmp,Iet who would fhuffle the Cards. > , The Parliament therefore,out oFloye to rhemfelves, and po- ftcrity > thought the Name and Title of King a fit Liewer to take down that exorbitant power, and knew, the govern¬ ment being once fettled upon the old foundation, the law did limit the power of the Gover- oour, and thereupon framed and ptefented the Prote&or with that Petition and advice, which the Debate upon the Bill for Kingfhip (brought into the Houfe by Alderman had produced. The Prote&or feem- ed very forupulous to accept the Name Name . hi|in 7 ; joyed the pfaceaftd power ; be-, cauls Lambert and fameleading,; Officers would not conieht. Therefore was a Committee of theHpufij iordeted^Mifteid his - Highnefle, and to receive his doubts and Icruples, andof- reafbns for his fBghheflfe^tik ftion in the maintenance of tfie:;; | Parliaments Refolutions: upon I this occalion was the Conle- i rence, and the learned Speeches ‘ [ there made; are here prefented i thy view > with the 'Prote&QU j anfwers. ! - > 'ly^a Lover of his king • - ’'' . ^ ' ^id Gottnirej, ‘ Thiirfdaj the ninth o/April 1657. . 0 %dsredby the Parliament, that a Committee be ap pointed to wait upon his Highneffe the Lord Pio tenor s in reference to what his Highneffe did yeflcJi] propofein his Speech, now reported to the Houle. Refalvid , That this Committee have power to receiv from his Highnefle his doubts and ferupks', touchm; any of the particulars contained in the humble Pe;icio and Advice formerly prefenteg ; and in anfwer theteim to, to offer to his Highneffe rcafons for his l’atisfaclion and for the maintenance of the Rclbiutions of th: Houfe; and inch particulars as they cannot fatisfie h; Highn^ffe in j that they report thelaineco the (parha menc. . 7 he Karnes of the Committee. Lord Whitlock* Lord Breghil. Matter of the ^//j. Lord Comm.ttioner Lifle, Mr. Waller. Lord Ckt'ffaftice* Sr. CharletV^ealftley. . Gen .Montague, . Col. Jepfon. ■ Sr. jhotnas ]wt. Sr .William Strickland* 1 ol. 7 hiftletUrvait' Lord Commilhoner Finer. Sr. Rich. Onslow, Sr. Rtch. Lucy* Mr. Secretary . ^.ttourney of rb %tDufehy* Attourhcy General,' * Mr .Godfrey. ' , Lord Howard. Col. lows'. ' ■ Col. Car ter : . Col. Wbitgr avkt. Col. Brook** Mr. Erf. Mr. TexJ^nfin.^ Mr. Bamjfi'ld. Mr .‘Drake-. Col. Ingoldsbj. Mr. Pitt,s* Mr. Pickering* Lord Cockram. M r,. Grove. Mr. Ilojd. Mr. Naihan, Bacon, Mr. Ingoldsbj. Lord ? iovoU of Edir.b. Mr. Bedfor, Col. Ireland. Col. Iiickjr. Mijor Wag flap* Mr. Fran. Bacon. . Mr. Doming. Mr. Price. Maj. Gen .Whpej. Sr. /thn Reynolds. Mr. Steward- Sr. C hrifi. Back* Mr.7_ awrence. Alderm. foot. Cant’r lilbHrn. %t.mtiam%oberts. Mr, Trevor., .... Mr-Biroa fark*r* Mr. T>gh. ' ? ; Sr. to- Hobart. Mr. Hambdtn. Mr. Cromwell. Mr. Throgmorton. Mr. Fleetwood. W.1 hi lifts Maj. Gen. Goff. . M'. Fpwetl. ' Ms\wnA»dlij. Co-. W’lltOii. Mijcr Morgan. Col. Wood. ’M?j.Gen, Berry. Lord Strickland. Lord Clcjpoile. Mr- M7: Major Burton. Mr. Dur.ch. ,• Col* eJifUrtkh^m. Major Afton. Maj. Ge n . Bridges. Sr. i ho- Toufe. Mr. Bond. Col. Forvkn. Col. Fridges, Mr. Moodj. Col. Grove [nor. Mr Gorges. Earle of Thedale. Sr. lobnWeefnrs- Dr. Dowgla*. Maj. B**ke. Mr- Brifrot. Capt. 'Stone* Mr ,Lttcfi‘ : - Col. Harvey. St. Liflcbon L eng. Mr. Thtlwall. Sr. Edward Roads . Sr. Francis Norris To meetfortkwhh in the Speakers Chamberl Refched, Thar this Cclnmitte have powerto appoint fbmc of their number to attend his Highneffc.to delirchi'm to appoint * time when they may wait upon him according to thole Votes. S*) Col. Sydenham, Mr. Roufe. Mr. Tromball . Mr. Burton. Hen. ScebelQtik of theParliament, 7 he Lord'S #hit lock 11. April. , I Onely underftand, that by Order of the Parliamerr?, this Committee are tycd up to receive what your :Highnefle fhall be pleafed to offer, as to; your doubts or ;lcru pies'upon this paper: the very words of the Ordec are, That the Committee have power to attend jour High- t{efe>to receive fromyour Highneffe your doubts and fertt » fits,,touching any the particulars contained tn the humble Petitiohand Advice, formerly preferted ; and in anfwer ■thereunto, to offer to your Highnejfe reafons for your jdtis - faftion , and for the maintenance of t he.R efolutions of the ,Houfh i & fuch particulars as we cannot fatisfieyourTUgh - peffin, that we may report the fame to the Parliament •pkatfarticulars your Uighnefs (hall think fit to cbjtcl. -! r Your Highneffe is pleafed to mention the Govern* -mentis it now is, and. feems to fome ofourappishef* dions, as if your Highneffe did make that an-objedlicin: ff the Government be well, why do you.change.it } if thatte Intended by ;ybur H'ghneffc as anjobjeAion in the.’ 'g.c- ^ B a neral. - (4) nerall, I fuppofc the Committee will give you fatisfa- &ion. .. . -• fat'dProteftor, S R. tiatherydu' nbrl; hut meet with a yvtf good heart’to come to fome iflue of thjs. great bull- iieffe ; arid truly that is, that I cannot affure you, I havc ail chere'afbfl and argument in t’ne vvotld to move me. to it, and am exceeding ixady to be ordered by you in the way of proce?dir ; g;'i)nely I corifeffe according.to thofe thoughts rhaYe, as'I haitexnfvvcred my'o'/v.v thoughts' in preparing lot-fucii& vVbrlrasrthisis? "I h'aVe 'nude’rhisrnptip.n of it . to my ieif; That having met you twice, at the Commit¬ tee firfl, and returned you that aniwer that I-gave you thctif rafrcf tihCHou'e a litoiid time,: 1 doe; perceive that the favour^ die Houle fliewes me irf this is/tliaH might teceiVe liuisfa$ion , j know they jhight havef'ecn poluive in the- thing and.fiid they bad e; ? inforittcd in the grounds th^t lead yb'u v.y.iyhpau. I ,prc^ : perfons^to tlic,chkigi>'.and^yerjy., partbn^' 1 ^artdjfybu.yyillbe^leafedcofhink.lo $c> ; 1 nf&ci: Wrgelt iijbn youTo proceed time way* ‘ B % " it it will be a favour to the, otherwife I (hall deal plainly with you : it doth put me out of the method of my 9Wn conceptions, and then I (hall beg that I may have an hours deliberation, that we might meet again in the afternoon./' ■■■■• unsn:--- fard Chief Itift;cc % T He Parliament fent us to wait upon your Highnefle, to give your Highnefle any (acisfa&ion that is in our underft*ndins to give .* the whole paper confifls of many heads, and if your Highnefle intend fecisfa&ion, the Propofitions being generall, we can give but general! fatisfa&ion, and therein we are ready, if that be your Highnefle meaning : I think we (hall be ready to giye iV pisfaelion as (at as our underftandings. Lori ProtsBor , I F you will pleafe to give me lcave, T do agree, truly the thing is a gen-rail,-as 1:'is either failing under, the i notion of (ectlemenc : tint’s a generall that conflfts of many particulars > and truly if you call it by chat that it is Tituled, there it is generall, ic is advice, detircs and adyice, and that (the truth is) that I have made.my ob¬ jection in, is but to one thing as yet, oaely the lalf time I had thehanour to meet the Parliament I did offer co them , chac they would put me into a condition to re¬ ceive fatisfadhon to the particulars: no queflion I might' eafily offer forneching particular for- debate, if 1 thought that, that would anlwer the end, for truly I-know my end and yourSis the fame, that is, to'bring things toan ifluc oae way or other, chat we may know where we are, that we may attain chic general end,' chat is, fetclement jthe cad is in us both, and ! durft contend' with any oae peffon ' ~ ” ■ is ( 7 ) 1 in the world , that it is no (mate in his heart / then in ' mine# 1 could goe tofomo particulars to ajkaqueftion, ; or ask a reafon of the Alteration, which would welle*. nough Let you into the bufinefle,. (that it.might,) yet I fey it doth not arf fwer me;; I confeffc I did.pqcfo ftndly' examine that oider of reference, or whether I read.it or no I cannot tell you ; if you will have it that way, I (hall (as . well as 1 C2n ) make fuen an ebjedion as may occafion fome anfwer to it, though perhaps I fhdl objed weak c- nough, I iflull very freely i’upmit to yon, . - LordChiefJuftice. T He Parliament hath commanded us for that end, to g ve your Highneffe (atufadion. Lord Commifsiontr Fines. M Ay it pteafe ycur Highneffe, looking upon the Or¬ der, 1 find that we are impowered to offer any realons that we think fit, either for the latisfadion of your Highntfle, or maintenance what the Parliament hath given you their advice in ; and I think we are rather to offer to your Highnefle the Rcafoas ol the Parliament., if your Highneffe diffacisfadion buo the alteration of Go* yernmenc in general, or in particular. Lord ProteEtor. I Am very ready to lay I have no diffatisfadion; that it hath pleafed the Parliament to. find out a way (though it be of alteration) to bring thefe Nations into - ; that may convince you: but if you will take in good pi rb, d firall'cifet lomewhat to every particular : if'you pieaie, ^s-totbe firft of the thing ,= lamclear as to the ground -IffOhe.thing i being 'o pi c.r<- nr >.as. it hath bfeuput; dlttflnk ihat (emc ot the gicurds upon -which; it is- don c .cvViA vety well lead .into inch objections or.doebts-as-I Lotay.cfltef, apd will be a very, g-eat helpio mein it and if -you wtlhteve.merthiS ) or rim ; orjhco;her...doubt that may anicmethodically,1 Audidoic» . Lo'dWhtb:kj ■ I .Am^cry.'muchaffined, that all this company istosic with rHe fame affe&ioa and faithfull refpedt to the pubiick .leulement', as your Highneffe hath plcaid to cxprdfic..: .For;:nty part. ,.I doe with a grelt dral of ckarneiTe and faichtulhefTe i and in my parttejt- jjii * ' lar 1 (f) ‘ lafrappishehfion , Ipsefcito Government:,; and the Mirumeac^ i fe?m,cfb-.Eomy apptehenfipn tobeof cpirtiqrt, 7 .thatfk watf Very fit there fhouldW (bine xpiirle taken for aSetdc* men: in .ihes Goverbm'fcnuoEtbfcNatioo :hpd& S upream iegiflativc Power; ; yoihrHighpe£fe ,?ndthe Parliament conaiHing.fogetH£rah \z,ihty found theinfoumeatbfGc* yernmentintthc OriginaL arid FeundatiOnof tc,to.ref quircrhis.Secdemenc by the- Supream; Tcgiflative Powers, in regardof the OdginabdEthe ocher which they did, as J apprehended by lome Gentlemens debates;.uponici, might b&an occafion ofibme doubts* aRd.of Jefleilabh- Jty ifin. wfre.icfc tQ contmueuponthe lamefoundation . X.bat. ;ic will-;: not be v fa .--clear a iJettlethent and foundation ;for-the ptefetvation of the Rights and iibemes of die. Nation*' as if we came . to a- .Set- . dement: by., the Sypream. Txgiflative powerupon that ..groUnd. it iwas taken: into, confokrarion, ahdva Settlement btoughc to -etfeft upon mty: Ibleran full a nd candid .. .debates - among themEdvcs. in . Parlia¬ ment. ' I • c Their intentions I fuppofe were onely thefe, Topro- videforthe fafety and peace of the Nations hereaftir. to provide for the Rights ati&\Liberties > both Spiritual and Ctvtll of the people of thefe Nations , and in order to/jifJ.ako .thc belt prayifton - they^iould-i .for.' thefe great; concernments of; the: -people v . the Petition -.SedipAdyice which: they ,have - humbly .prefented to youcdldighncfle was ^brought to -a determination by ; .;themi •" ' ' ■ . For that particular which your Highneffc did formerly intimate, when the Parliament did accend u pan.you, 'the Committeeol the Parliament , and which you are now pleafed to intimate.- Concerning the Title* 1 doc humbly apprehend the grounds of that to be thefe The foundation of that Title of Protetto? "being -notf known by the Law, being a new Title, it was thought, that the Title which is known by the Liw of England, formany ages, many hundred of ycares together recei¬ ved, and the Law fitted to it, and that to thelLaw, chat it Blight be of more certainty and dear elbbltfliment, and more con r ormib!e to the Lawes of the Nation- that that Title fliould be that of K'»jr, rather th:n that other of protettor. There is very much as to the e (fence of the bnlinerfe, as fame Gentlemen did apprehend; that the Title fhould b: a known Title, that hath been in all thefe times and ages received , and every particu¬ lar perfon hath occafion of knowing cf it, and of hi* Rights applycdtoit: and likcwile of-the genera 11 ^Rights of the people and their Liberties , hive an appli¬ cation to that name, whch application cannot be lb clear and fo certain to a new Tide, the Title of Pto'ettor. ( Some,Gentlemen 1 heard reafon it-) that the Title of . Pfotetbor is onely upon the O.iginall and foundicionas it now (lands; but the Title ot K/»jr, behdes the con- fiitutionsby which it (hall be made, will likewife hive a foundation upon the old and known Lawes of the Nation- fo that there will be both the prefent confti- tution * and likewife the ancient foundation of the lawes of England tobe the Bajis of the Title of King; What changes of this nature may bring of inconveni¬ ence with them, can hardly in every particular be fore- teen • but i.c is imagined, that many will be, that po(ft- bly we may not be able beforehand to comprehend; buc there feems to be more of certainty and liabilityand (”) ; of the fuprcam Authority, civil Sanftion upon that Title, then upon the other: This I humbly apprehend to be one? reafonconcerningboch the cftablrihment of'the whole;aUd as to that particular, which I think is the firft pitcofie your H,[ghneffc feemed toinciinatc. ' , v ' (Jtfujler of the %ol!t. M Ay it plcafe your Highneffe, I am very glad that there is fuch a latitude as we may (hew our felyas here, as 1 know the Parliament intends to give your High';, nefle all facisfa&ion as may be, and truly I fay upon the firfl held, which your Highneffe is pleafed to call a Title, asifitwere a bare Title, which I mull humbly crave par¬ don if I doe not think , nor the Houfe did not think, Ibutic carries more in it of weight then a meerTrf/f; for upon due confidcration you (hall find that the whole body of the Law is carried upon this Wheel, it is not a thing that hands on the cop mterly, but runs through the whole life and veins of cheLaw; you cannot almoft make any thing or doe any thing, look upon all"our Lawes. ever fincq we had Lawes, look upon all the Cbti- ditution, dill there is fuch an incerelf, nof of the Title , but of the name K/wg, be Tides the Title, [ tint’s not the thing ) for the Title you may rather tye it ro the per¬ fon chen the thing) buKthe word K/w^doth (ignifie the perfon, Now Sir we doc fee in all the wayes of our pro¬ ceedings, in the maintaining of the Rights, Properties and Interefts ofthe people, and of the prerogative of the chief Magiflrate, that the very Office carries on the bu- lineffe and not the Title-, and yet it muft be fuch a Titfe too, as implies theOffice, and makes the Office datable to the Law; it’s the Office that dochdignific the perfon* not the perfon the Office: I(hall gave your Highneffe parjloaiflfpcak any thing amiffcwc fee'that the very (") office tbaro tries on, amt notthe perlbn, yet that Office mutt have a luicabknefis. I have oblerved ailalong chat we have had ninny debates that have nrif’en in this Nation about the thing; but (the ground and rcafon why they have adhered to this Title, was for the maintenance of their Liberties; No: for the change of the office. I muff confcfie , [ do not fee that the other Tide will doc rhe fame thing, that other Ink-hath no further latitude, nor extent, but the very lnttrumenc , it goes’no further , for the very infirumcnc is the foundation of 'if, we can find no further inttrument original, we havejjad thole aamei heretofore > but never grounded upon the thing iclclf i but grounded upon the Office of a King,they had no office, or duty to perform j but what was unuer the office and duty of a King, it's very true, it is not fonow Certainly, for yon have now a Title upon that founda¬ tion chat i» your inttrument, and itcan reach no further ; it is a Title that I cannot fee i mutt confefle, but chat wc have a good M tgittrare , and good Officeis, but it may extend whrdr.r it will, it hath no limit at all but the chief Magittrate, ifi.e ffiould prove ochciwiie, you have noffimitby it by anv rule of L'.W chat I underttand . ;f you plealegivc nn leave to tell you , the very mfliumenc deesgivea fuundationto the Tide of Protector , I am furc to: ctoffe .if he plealc > the mott fundamental points thac the Law hath There was a time when a Prince of this Nation / a very lace time too) would change this name, and it was a very (lender change: For it was but from the K’dg o\ England, to the King of Great Britain and thiswiSiprclemcdtothcPailiamcnt, it had a debate of many dayes v and it was refolved there and fettled, that they could riot change, there was fo much hazard in thac change, they knew not but that all their rights and Iiixrues Itiighrbe thereby altcircd, and when the .King law he could .notobtain itofthe'Houfe, he dedatedby ~,L •. Proda- (IS) ' Proclamatiol^hat hcnever intended to take any name up. on him, that fhould puts doubt to theliberties and privi- ledges at Parliament, and caufed this Proclamation to bt putamongchp Statutes, I may fay it indeed very .cunning¬ ly to be Printed, and put among the 5tatutcs( though in- (ieedtawaswone) and becauic there was a daeger, he laid icd(*#n Willingly , onely ( faies he ) your Divines inthc Pulpits (hall pray for me by the Title, (JCog of Great Brit** ) Slid Atrbaffadouisftiall make their addrclfe by that name, but your Lawes I will notaker the name. In the Parliament there was a quedion, whether we fhould not alter tbe name of Parliament, and ca'l r. the T^ejme- fentutiyt of (be pttple , but the whole Houle went upon this ground, that by changing the name of Parliament, to 4 Reprelentative, we did not know how it might change the very cqiicfe, ground and rcafon of Parliaments: there is a.great deal oi thing in the very name : -I remember, a very Honourable perion now wunGod, was then very earned for ic, tor haying this name dunged » and he did fnew many reafons lor it, but hearing the debates and rea- fons againli it,he Ur down and was latisfied, I think I may n rme him, it was my Lord Ire ton who did fay he was fa- tisfied, it was not fit to be done a t that time* It is a Fa¬ mous dory in every mans mouth heretofore , when -here was but a little intention to thing'.- the Law, it wis a Ge¬ nerali refutation given by the L.i.ds , Nolmits leges A»- glumtttar* , Jc’s doubted, yeaconceiyed not polfible to - annex the Lawcs and the Tid; or ’Protestor together, this - I mu If lay \y; come nowwih ar. intention of-a perfect let- tlement, f u qh as may give fafery to the Nation;, to your jxrl’on, to the people, for indeed Sir, tf.ey arc very jealous. of their laws and liberties, and have bin mall ages * and though itmaynothave an intention todotacha thing,yet kyou have a doubt, it's better and morefafefpr the chief keep that whichhathnadoitfeetbca. Tfa: ( 1 4 ) Tfes Parliament layingtheir interefl.and thet? rfgjfoJ tQ ; you together, and giving you this advice,, this is vox f fpuli * for it is. the voice jotthe three Nations in one Par- Iiament. Upon publick intereft .thc chief thing is the fafety of the people; that fafety., your will, your. Judgement, nay.gtve.me lcayc to tell you, your coniciencc js fipijnd^o it; for it is the principal end ofGovernment and Gpyer* ,.nours .v this, is prefented to you by three Nations , by the :,Parliamehr,although yoU may make your hefitationSjyet filch aching of great weight and confequenct: I know this, • that I. have laid may ieem to imply as ifwefhoufo fall npona point s By iheLaweslcan fay in all Generacions, .this is mine, and this is the Princes j and the Prince cannot do me wrong, nor the Council do me wrong &c. There* . fore 1 think you ma y fafely,. and i hope will agree to this* particular, as we have prefented itI dare not lay that your : Highneffe (as it comes as advice from Parliament) ought to do fo. The Loti f roteclor. I Cannot deny but the things that have been fpoken> have been i'poken with a great deal of weight , and : it is not fit for me to ask. of any of you , ifyou have a mind to fpeak farther of this;. but if it.hadbeen fo, their . pleffure, truly then 1 think it wouid have put me in ac« - = cording to the method and way J have conceived to my . ' felfe, to the more preparedneife ,■ to have return’d fomc : anfwer;» and if it had not beentoyou a trouble: lam lure the buline fie requires it from. any man in the World, if he wereinany cafe, much mprc.frotn me, ; ,ta majee . feriousandtrue answers > I mean luch afire not feigned viiimy own.' thoughts,,but fuch wherein.I expreflethe truth and honellie ofmy hearty, I nwan that.by true l^freardyojaTo^far ■/yyy- ‘ ' ' as . . . <* 5 ) ' " • as >it is in your plciiiireto fpcSkto this head , I fliould i have then ( taking foftie flibre notice as I did ) have Lbeen In a condition this afternoon , if ic had not been ■ a trouble to you, to have returned try anfwer upon a ! little advilement with my felf; but feeing you have not f thoifght it convenient to proceed this way , truly I think • 1 may very well fay, that I had need have a little thoughts iof tHeihingto return an anfwer to it , left your debate • ftiould 4 nd on my paft, With a very Vain difcourle, and J with lightneffc, which it isvery like to do- Ifay therc- J r fore if you think to proceed farther to fpeak ro thefe ' things,Khoiildhave mademyown Ihort animadverfi- ons on the whole this afternoon, and made ibme fliort ' reply ; and this would have ufherd me in, not ondy to have given the beft anfwer I could, but to have made my own objection. Lord Chief Inflict. . . S ince it is your Highnefle pleafure , that it ftiould be : fpoken now altogether, by thole that have any thing to fay ;-1 chink it will be the Intent of the Committee and the Parliament, to give your Highnefle fatisfa&icn in all particulars, both fubftance and circumflancc: I confeflc I waited for objections from your Highnefle, that being the principal! fcopeofthe Order : Truly my Lord, 1 Hand up with no confidence, that l ean addeany thing.to what hach been faid; but becaufc it pleafes your Highnefle to doe us the great fa vour, to put- us to particulars, I think the quedion before you is.but fin¬ ely thus. Tain already Pmeftor , and 1 hive that Office put to the Government, whereby wemcei the Parlia¬ ment now • we defire you to take upon you the Office ©fX»»|,why do you fo ? . ; Thaywhich we arc to (peak here, isnbother, but that v .V; - ' ' ‘ which r which we can imderftand was the fenfe of the Parlia- • ment, in juftification ofwhatthey have done: I {hall ' not fpeak any thing of the Government it felf, but to this particular, I think the office of a King?is~a lawfull office, and the Title too , approved of by the Word.of God, that’s plain. It is plain likewife, it-is an Office that hath been exe veiled in this Nation from the time . it bath been a Nation: and I think it is as true that there never was any quarrel with tV e Office, but the Mal'e- adminiftraticn, that I can remember, about the ill’ Go* vemmerit; oftentimes Kings have been blamed, and very juffiy for t'heir ill Government, but we doe not read that there was any challenge by the Parliament, that ih s Government wc defire to be difeharged; of: if that be true ^ it is tome a firahge ground , having plfi the Icruing of lo many Pailiaments , where they did debate de Re j that in all thefe debates they did not charge itupon the Nation that the place is a burthen in it’s own nature, ar.dthis tcoj when the Parlaments have had opportunity to have changed the Government. The nameof KlNO is a name known by the Law* and the parliament doth deft re that your Highneffe would af- fume that Title; thefe are the grounds why the Parlia* men: make it their humble Advice and requeft to your Hghncfle, that you would be pleafed to a flume that Title and Iihinkthereisfomethmgmorein it: you are now Lord 5 rat tiler of the Three Nactons, by the infirm menc; and thete is a clatifc of this Government that you fhould govern according to Law, and your HigHncfle is fworn to that Government: the Parliament doth appre¬ hend that it is almofi impoflible for your Highneffe to anfwer the expe&aticn of the people to be governed by' the Lawes, and yet you are fo tied up, that neither they can rationally call for it, nor you confcientioufly .do it , and lo there is neither Lord Troteflerj nor the people, uponia fure ettablifh* I. efiabHfbgtenk lor^here (landsttfetbifr :>"k W>fg : ii'ifth uuuthorpyylp many agesdncfrisN Atiohyaifid hath Go¬ verned tfie Nation byrxfiactrTitle and §ctlethat it is 1 known tOithelaw j.^fqf^hedawcffhe'Nati’on;is no 6- j therwifejtheo whar hath been-a cuBofae.io bepracdfed i atsds-approyed by the people to be good rtbat- the IMpr 1 and potbiiig elfe; excepting.A&s of Parliament; and now they h,ave ( been Governed by tbat-Title, dnd-hy \ the Min'ilier, and by that,Office, Iffo be your-Highnefe : nipulddoe any A.el:, abd ont.fhould come and fayj ’^ . xhord Pvptett.ty s - why. are .you feorneto .Ck>vem by-the Law, and.yoii do thns and thus, as you are Lord l Tro'= itctlorydql ? why, hevy a m l bound to doe? vvhy^t : he '\Kingc quid nqt hayedpne fai vvhy.j.butl am not Kkig) Tam notbound todo as the y&xg^mlibt&Proteftw'jl (hew die that the Lawdoth.requiremetadoitasiW- tqMpyvi have not a&ed tf -Prwettor :. : ffiew'ine whete; vvhy. you ppt: ; a.n.y ; -obe to. a ftutnble in tb&£ cafe': tnisds one.thipg that T.h.umblyconcervedid (lidt in the Parliament as to that particular..- Another thing 5 ;i$.thjs,,y’oa are Protc&ot f *.which is. a newefficemob ' kppvy.qtQj^e.La-w,, .and, made put. oldoores^youlare" call’d.uponf t&y^yqn wpuldrhepl.eal.edrtpasicept; tbas* .Officeofa^;King,th 2 t is,.Sy t.fre yy.holeypef>ple,'>;rkis.rhe 3 : 'ifiril.GqYejtpm^ntTfet.jlgsetdbeie ; r.rpubl.es{iath;'been^ "Te.ndred f’byla .generf tbe people, • Another thing' is.thfi?, r it any IJiiastldfinde^aait; 5 yvith^tlicm, ip.4lay-.vyhy^p^cj\me-.-yPHfspjftnake XSo^' : Vernmen 4 tph.thi'sc.afe?. vyEyjtteauhyeTi^ivyerare^PaTP • liament, andhayeyqut fuffiragep, ..yon-.bav.e.x»jQr; tru8.ed/i i ns yyi|h^l|'^jpiir y.oVe^&Aye':yv-|iyirt^|6eJt^l3eefeefiidc^i5 |* we h^e.nbt dope it nytthef ^ we h ebut.^sJed it jjp-s • jhe.Kingffiip-: h o.iyrter ./onac^|yp ? rct^n^3;ai^^g^rer4?^UV645'!f0J^^»sxfa«tkL ;wq know itnoif, u isnpt qpun^ vfcfe Parliament ' 1% : . : .-;Vf:-/' ' 6 .■ ' are I are not of that opinion. The Kings prerogative is known by Law, he did expatiate it beyond the dutie j that's the evil of the man but in Weftminfttr^ Hall: The! Kings prerogative wasunder the Courts of Juftice.and! is bounded as well as any A:re of Land,or any thing a\ man hath, as much asanycontroverfie between partie- andpartie: And therefore the Office being lawfull in' its nature, known to the Nation, certain in it felf, and! confined and regulated by the Law, and the other Of¬ fice being not fo, that was a great ground of the reafon/. why the Parliament did fo much infift upon this Office and Title, not as circumftantiall,bntas eflentiall'; yea,it. is the head from whence all the Nerves & Sinews of thcj Government do proceed, as was well faid by the Matter;. of the Rolls •• If we put a new head,its a queftion whe-l therthofeNerves and Sinews willgrowjandbenonrifh. ed and ftrengthned with that head. 1 had fomeching in my thoughts which I had forgot; fomething of an ob-; jedfion. Why are you fo pertinacious, or infift fo much upon this Title? you may not applieall the Powers and Authorities unto the Office of Protetter , and then you will give fatisfa£tion : I mutt needs fay, he that makes this objection, makes itbut meerly but a Name. If any : fihall fay ,1 am content the ProtcttorPn all have the Office -: but not the Name,I think this man is very ftrait laced; : then he puts it meerly upon the word,and truly if there ^ be no more in it, if there be nothing but that word,' ' you have in the ballance with it, the defires of the Par¬ liament ; I befeech you do not break with your Parlia- * mentfora word. Another objeftion is, we have been under the Protettor^ and the Judges have taken their Of- ' fice under that Government,and the Judges have taken k theirmeafure by the Authority of t\tcKi»g % and have taken it to be the fame with that of King and fo go on.; I confefie that the Judges have gone very far that way,; and , (i 9 ) and I may not fpeake my owne opinion of this cafe in this place, but yet it is very well known that there hath been variety of opinions, and judgements in this cafe, even from thofethat have bqen Judges of the Nation, and I do not take the people upon a very goodetta- bliftuncnt, when there (hall be doubtings, in thofe thatfhould be beft knowing. I would never make a doubt that teDds to the fhaking of foundations, if I fhould avoid it. The taking of this office will avoid a doubt, the continuing of the other office may be more uncertain: I would never make a doubt where it may be dear** perhaps the taking of the other vvould reduce men to fatisfa&ion; there is but a perhaps in the one, and a certainty inthe other. 11. Of AprikSir CharlesWoolefley. ? N Ot only we that are here, but many honed hearts in England, rejoyce to fee this day, wherein your Highneffie and the Parliament, are with fo much near- nelfe andaffe&ion, debating the fettlement of theNa- tion ; Onereaion why your Higbnefie fhould take this title offered you by the Parliament, is becaufe as you (land in relation to the old Government you are obli¬ ged to the law : yet have not the advantage of the law, which the chief Magiftrare ought to have. Thelaw knows not a ProteBor , and requires no obedience from the people to him. The Parliament defires to fettle onefo, that the people may know your duty to them, and they theirdutytoyou. The Parliament findetbe mindesof the people ofthefe Nations much fet upon this office and title : God hath by his Providence put a generall defire of it in the Nation", and they thinke in things not unlawfull they ought C 2 to (*•; to hearken, and to be much inclined by the defires of them that lent them, and in fuch things as are for their good, as this is 5 to be much provoked thereby to the doing of them. TrulySir, it hath been much in the thoughts of the Parliament, that the reafon why things of late have been fo unfettled throughout inthe Nations, hath been be- caufe, that to the body of this people, there hath not been a legall head: The well-being of the head, isnot more neceffary to the wholfome conftitution of the body naturall, thena right head isneceflarie to the bo¬ dy politick. I may humbly tell your Higbnefte, this Nation hath ever been a lover of Mo>:nrchy> and of Mo¬ narchy under the Title of a K/«-£: the name and Office hath for above athoufand years been in this Nation: though they have often changed their Princes, yet ne¬ ver the Name nor Office. 'Tis the great CommonLaw, that is the Cuftome of the Nation, approved good by many Ages, to have the Office and Name of a K ing : no new Law that makes any other, can have that validity, whichtbeCuftomeoffomany Ages hath. Sir,the Par¬ liament doth judge the fafety of your perfon much con¬ cerned to take this Title ; and ’tis not your fclf they look to (though their hearts are full of honour I may fay it toyourHighneffie as can be) but to you as c hide Magiftrate, reprefenting the people, and being head of the Law, and all Magistracy ; the people hath a (hare and concernment in you: We fee this hath been the ureat encouragements of theie attempts againft your perfon, that the Law did not take notice of you as chief Magiftrate, and that Juries were generally backward to find any guilty for Treafon, for attempting againft you: the Parliament cannot think it fit. to have their chief Magiftrate in fuch a condition. Your Highnefle hath been pleafed to call your felf fas when you fpeak ( 2I > to the Parliament) a/erawr, you are fo indeed to the people, add ’cis your greatefl honour to to be. I hope chenSir, you will give the people leave to name their ownlervant, that is a due you cannot, you will nor. certainly deniethemj Their Reprefenrativesdebre you will I'erve the people under this title, and were there no other reafon, therefore it is the beft, I bcfecch your Highnelle conlider, it you fhouidrefute this Tnlc y the Parliament prefents you with, you do not onely denie your (elf the honour they put upon you, but you de¬ nie the Nation, you denie the people their honour, which by right they ought to have. 'Tis this honour and their/u({ birthright, to have a Supreme Magiflrate with the title of.a King. I know Sir, though you can denyyonr (elf, yet you will not deny the Nation their due, when theirReprefentative challenge it from you. The Parliamentharehighlyengaged all the good peo¬ ple of this Nation, to make you who are one' of them, (and have been inthefe troubles their head and leader) to be their King. And certainly Sir, whatever diflatis- faction may be in this cafe, it ought not to weigh, if there be any judge on Earth of the peoples good, ’tig the whole people reprefented together and what others fay, it is but by individuals. Sir, the Parliament have hundreds, nay thoufands upon their backs, the good people ot the Nation, a quiet peaceable people, with you, and what the Parliament (hall judge fit, is their duty,3nd no doubt they will iiibmit; Sir, were there in this matter no other reafon why yon fhould accept this, I know this alone, which indeed is the greateft : reafon I can give, wouldfway you above anything, that what is before you is the advice of your great , Council the Parliament, C 5 Lora ' ; Lord Comm:ffioner Firtcxi f Sha] offer what I conceive from their debates to bee lithe reafons why they ad vile your .Highnefs to this Title, arid feeing what is in the fountain muft Be con¬ veyed by fuch pipes, I flialicleere the ftate of the que- ftion : In the firft place it I miftake not, is onely upon lui-ne'i not upon anything, not upon the office of a King, but upon the title of a King, for the quefiion is, vvhether the fame thing fhall be fignifiedby the of¬ fice of a IOn%, under the name of a King ; or by the office of a Ke other day, on behalfe of the Parliaments put¬ ting tl aat Title in the inflrument of lettlement, I hope it will, not be expedited that I flhould anfvver to ever; thing tl hat was then faid, becaufe I fuppofethemaint things t hat were fpoken were arguments from ancient conftitu itions.and fettlement by the laws,of w hich I am fure I co or changed; And I hope it will be no offence to you,to fay (as the cafe now Hands) lo may you ; and if it be fo that you may, why then 1 lay,there is nothing of necef- fity in your Argument, bnt confideraiion of expedience of ir,I had rather(if I werero rhufe) if ic were the natu- rall queftion , which Ihope is altogether out of the queHion. Butl had rather have any Name from this Parliament then any Name without it, 10 much doe / value the Authoritie of the Parliament, and i believe all men are of my mind,in that I believe the Nation is very much of my mind, though that be an uncertain way of arguing what minde they are of. /.think wfe may fay it without offence (lor 1-would givenone,). though the Parliament be the trued way to know what.the mind of the'Nation is,yet if the Parliament will be plea- fed to give me a liberty to reafonformy felf,3:that that be rmde one Argument, 1 Hope imay urge agaitiH that, eUe I can freely give a reafen of myownmindi but I iay'undoubringly (let ns think wbat we will) .what the Parliament fettles in than, which will run through the law> and will lead the thread of Government shrou? h D tb e ( 34 ) ®heLand, as well as what hath been, confideringthat' what hath been upon the fame account, lave that there ■ hath been fome long continuance of the thing, it is but ( upon the fame account, it had it’s originall fomewhete, and it was in conlent qf the whole.there was the origi¬ nal! of it and confent of the whole 5 will I fay be the needle that will lead the thread through all, and 1 think no man will pretend right againft it, or wrong; and(iffoj then under favour to me,/ think ail thole ar¬ guments from the law are fas / faid before) not necef- farie, but are tobeunderftood upon the account of ! conveniency \ it is in your power to difpofe and fettle, and before we can have confidence that what you doe fettle, willbe as autherttick as thofe things that were before, (efpecially as to the individual! thing) the name of title upon Parliamentary account , upon Parliamen¬ tary ,why then /fay there will be wa y made( with leave) i forme to offer a reafon or two, to all that hath elfe i been faid, otherwife /fay my mouth is ftopt .• there are ! Very many inforcements to carry on this thing, /fnp> j pofe it will'ftand upon a way of expedience and fitnefle j j truly /Ihould have urged one confederation more that I /had forgotten, and that is not only to urge the things ! for reafon, but for experience, perhaps it is a fhort one, but it is atrue one, (under favour) and is known to you all io the fad of it (under favour) although there hath been bo Parliamentary Declarations, that the fupreme Authoritie going in another name, and under another title then King i why it hath been < omplyed with twice without it. That is under the Cnftodes Liberties An - it hath fince rexercifed the place, and truly /may fay that almoft univerfall obedience hath been given toalkherank$,andfortsofmentbboth, and to be¬ gin with the higheft degree of Magiftracy at the firft alteration, and when that was the nameffnil chough it \ was (35) was the name of an invifible thing, yet the very name (though anew name) was obeyed,did paffe for current^ and was received,and did carry on the juflice of the Nation. I remember ve.rie well that my Lords the Jud¬ ges were fomewhat Hartled, and yet upon confiderati- on, (if I miftake not) I beleeve fo, there being of thetti without reflexion, as able and as learned as ha ve fat" there(though they did /confefleat firft demur a little)), yet they did receive fatisfaftion, anddida&as/faiii before: 7 profefs it, for my owne part, I think / may fay it fincethe beginning of that change, / would be loath tofpeak any thing vainly, butfwce the beginning of that change unto this clay, / doe not think inftfmany years thole that were ca!led,(& worthily fo accounted) Halciondaies of peace in 20. £//«,,and K .James, and K. Charles time: /do not think but that the lawes did pro¬ ceed with as much freedome & juftice,with less private folicitation either from that,that was called then fo,or fince /came to the Government; /do not think (under favour) that the lawes have had a more free exercife, more uninterrupted by any hand of power,’the judge lei's folicited by letters or private interpofuiocs either of my owne or other mens, in double fo many yeares in all rhofe iims? of peace, and if more of my Lords the Judges were here then now are they could tell what to fay,to what had men done hnce, & therefore I fay (un¬ der favour) thefe two experiences do manifefily fhew, that it is not a Title, though fo interwoven with the laws- that makes the law to have it’s free paflage&doe its office without interruption,(as vve thinkjbut that if a Parliament fhall determine that another name fhsll runthrough tbelaws, /beleeve it may run with as free a paffage as this,which is all that / have to fay upontha'c head. And if this be fo, then tru! ;r other things may foil D * unde* under a more indifferent confideration, and then I dial arrive at tome ifl'ne to anfwer formyfelfe in this great matter, and all this while nothing that I fhall fay doth any way determine againft my relolution, or thoughts againftthe Parliament, but reallieand honeftlie, and plainlie, confidering what is fit for me to anfwer. The Parliament defires to have this Title , it hath ftuck with me, and yet doth (lick, andtruelie although I hinted the other day, that is thought that your argu¬ ments to mee did panlie give politive grounds for what was to be done, and comparative grounds, faying that which you were pleafed to doe, and I gave no caufe for that I know of, that is to compare the ef- fe&sof Kinglhip with fuch a nameas I for the prefent bear with proredtorfhip, 1 fay I hope it willnot be un- derfiood, that I doe contend for the name cranie name, or aniething, but truelie and plabelie (if I fpeak as in the Lords prefence) I in all things right as a ptrfon undcrthe difpofition of theprovidences of GOd ; neither naming one thing nor other, but onlie anfwering to this Name , or Title ; for I hope I doe not defire to give a rule to any bodie, becaufel haveproieffed I have not been able, and I have faid truelie I have not been able to give one to myfelfe, but I would be un- derltoodin this, l am a man handing in the place I am in, which place I undertooke no. fo much outof the hope of doing any good, as outof a defire to prevent mifehiefe and evill which I did fee waseminenc in iheNation. I fay tVeewere running headlong in¬ to conhifion, and diforder, and would necefiarilie run into blood, and Iwaspafliverothofe that defired me to undertake the place which now I have, I fay aotfo much of doing good, which a min may lawful¬ ly , if hee deale deliberatelie with God and his own con¬ science, a man may* I fay, lawfullie ifhedeal deli be' ratelie ( 37 ) rateiy with God and hisownconfcience, a mm may. lawfully as the ca'emay be (though the cafe is very tickle ) defne a great place to do good in. I profeffe I hadnoc that apprehenlion whenl undertook the place that I could doe much good, but I did thinke that I might prevent eminent evill, and therefore I am not contending for one name compared with another, and therefore have nothing to anfwer to any arguments, that were ufed in givingi.preference to-Kingfhip or Proteftorfhip, for I ihould almofc thinke that any name were better then my name, and I (hon'd al¬ together think that any perlon fitter then lam, for any fuch bufinefs: and I complement not (God knows it) but this [ (hould fay, that I doe thinke from rny very heart, that in your fettling of the peace, and liber¬ ties of this Nation, which cries as loud upon you as e- verNationdid, forfomewfiat that may beget a confi- (lance :otherwife the Nation will faij to pieces, and in that as far as lean, l am ready to ferve not as a King, but as a Conftable; for trulie 1 have, as before God, thought it often, that! could nor tell what mv bufinefs was,not what I was in the place I flood faVe comparing it with a good Conftable, to keep the peace of the Pa- rifh.and truly this hath been my content & fatisfa&ion in the troubles that I have undergone, that yet you have peace, why now trueliefii i may ad vile.) l wifh to God youmaybnt be fo happy as to keepe peace (till if yen cannot attain to thefe perledlions, as to do this,I vvifli to God we may have peace, fthat do!,) but the fruits of righteoufnefs are (ho wn in meckne(fe,(a better thing then we are a ware of) l fay therefore I do judge for my felfe,there is no luch necefliry of the thing, for the other names may do as well,judge for my felfe, l mull fay a little 1 think I have fomewhat ofeonfeience to anfwer as to this matter,why 1 cannot undertake this r.ame, why D 3 trr. { J truly I mud needs go a litde out of the way to come to ; my reafons,and you will be able to judge ofthem,when I have told you them, and I dial deal ferioufly, as be*; fore God: ifyou do not all of you J amfiire fome of you ? do,and it behoves me to lay,I know my calling from the; firft to this day : I was a perfon. that from my bird em-; ployment wasfuddenly preferred and lifted up from leflcr, truits togreater, from myfiril being a Captain of'a: Troop of Horle, and I did labour (as well as I couldjto - difcharge my trulf, & God blefled me as it plea fed him, and I did truly and plainly, and then in a way ofroolilli > 6 mplicity(as it was judged by very great and wife men, and good men too) defired tn make of my inftrutnents; to help me in this work ; and I will deal plainly with | you, 1 bad a very worthy friend then, and he was a very; noble petfon, and I know his memory was very grate-! full to yon all. Mr John Hawd.:n at my firft going out into this En¬ gagement (I fawjthcir men were beaten at every hand; I did indeed, & defired him that he would make fome; additions to m ,: Lord Effsx’s Army, of fome new Regi¬ ments, and I told him I would be lerviceabieto him, in bringing fuch men in, as I thought had a fpiric that would doe fomenting in the work: this is very true that I tell you, God knowesl lie not; your Troops ‘ iaid I, are mod of them old decayed Servingmen and , Tapfters, and luch kind of Fellows j and ftid I, their • Troops are Gentlemens Sonnes, younger Sonnes, and 1 ' perfons ofquality, doe you thinke that ibe fpirits of luch bafe and meane fellows will bee ever able.to en¬ counter Gentlemen, that have Honour, andCou-.! rage, and Refolntion iii them : Truely, I prelented. bitn in this manner confciencioufly, and truly I did teb him you muft get men of a fpiric, and take it not 111 what I fay (I know you will not) of a fpiric that « : ( 39 ) likely togoeonas far as Gentlemen will go, or elie I am fnre you will be beaten ftill, 1 told him i'Os I didtruly. He was a wife and worthy perfon, and he did think that l talked a good Notion, but an tmpra&a- bleone; truly T told him I could doe fomew hat ink,1 didfo, and truly I muft needs fay that to you ( impart it to what youpleafe) I railed fuch men as had the tear of God before them, and made lome Confcience of what they did, and fromthai day forward 1 mud fay to you, -they were never beaten, and where ever they wereen-, gaged againlf the Enemy they beat continuallyj and truly this is matter of praife to God, and it hath fome jDllru&ion in it to own men that are religious and god¬ ly, and fo many of them as are peaceable, and honeftly, and quietly difpofed to live within Governmeat,as will be fubjeft to thofe Gofpeil Rules, of obeying Magi- ftrates, and living under Authority ; i reckon no god - lineffe without this Circle: but without this fpirit.let it precend what it will, it is diabolical!, iris dtvelilh, itis from diabolical fpirits.from the height of J nth ms wic- kednefle; why truly 1 need not f*.y more then to apply it thus. I will behold to apply this to this purpofe>becaufeic is my ail, I could fay as all the world fayes, and run headily upon anything; Imuft tender this to you, as a thing that fwaies with my Conference, orelfe Iwere a Knave and a Deceiver , I teli you there are fiKh.meti in this Nation, that godly men of the lame fpirit, men that will not bebeatendown with a worldly nor Car- nail fpirit,while they keep their integritie .• I deal plain¬ ly and faithfully with you, that 1 cannoc thinke that God would bleffe in undertaking of any thing that will jufily and-with caufe grieve them, that they will be troubledwichouc caufe; i muft be a skve if I fhouid comply with any fuch humour, I fay that arehoneft D 4 men ■ > _ (40) > ! men,and faithful! men, and true ro the great things of, the Government, to wit,!he Libertieof the people, gi- ving them that is due to them, and protecting this In-. cerclf, I think verily God will blefie you font j but if; that I know (as indeed I doe) that very generally good [ men doe not fwallow this Title, (though really it is no|; pare of their goodnelfc) to be unwilling to lubmit to; what a Parliament fba 1 fettle over them 1 yet l mull lay, ■ that it is mydiKie and tnyConfcience to beg of you,, that there may be no hard things put upon me j things j I mean hard to them, that they cannot fwalio w: Tf the > Nationmay as welbe provided for witho.it theie things; that. I have Printed to you, as according to my appre¬ hension^ it may, l think truly it will be no fin in you, : it will be to you as it was t o D.iyidin another calc 5 no grief of heart to yours,that you have a tendernefle, even : poflibly, if it be their wcaknefle, to the weaknefle.'of j thofe that have integritie, and honefiie.and uprightnefs, j and are not carried away with the hurries that I fee \ fomeare, who think that their virtue lies in del piling I Authority, oppofingit: I chink yon wiil be the better | able to root out of this Nation that fpirit and principle* j and it is as defirable as any thing in this world, by com- ! plying,indulging and being patient to the weaknels and ; infirmities of men that have been faithfull, and have ! bled all along in this canfe, and are faithfull, and will ; oppofe all oppolitions; I am confident of it, to the j things that are the fundamentals in yonr Government, I in your fettlememt. for civil am Gofpel-Liberties. iconf'cfle. foric behoves me to deal plainly with you, ' I mufl confefied would fay,l hope I may be underfiood in this 5 for indeed i mufl be tender, what I fay tofuch an audience as this is : tfay l would be nnderftood,thac in this Argument I do not make parallel, between men of a different mind and a Parliament' which fhall have - their (V) their defires; I knonf there is no compafifon, nor rah it be urged upon me, that my words have the lead co- . lour that way, becaufethe Parliament Teems to give It* beitie tometofiyany thing toyou ; as that, thatisa tender of my humble reafons, and judgement, and opi¬ nion to them 5 and if 1 think they are fuch, and will be fuch to them, and are faithful icrvants, and will be fo to the fupreme Authorise, & the Legiflacive wherefoevec it is: if,l fay,i fhould not tell you,knowing their minds to be fo, i fhould not be faithful!, if 1 fhould not tell you fo, to the end you may repoit it to the Parliament: l will fay fomething for my felt, for my ownminde,/do profeffe it, i am not a man f.rupulous about words, ot names .or fuch things I have not; but as I hate the word! of God, and 1 hope l fhall ever have, for me rule of my Confcience, tor my informations .• fo truly, mfen that have been ied in dark paths, through the providence & difpenlation of God; why, furely ic is not to be objedfed to a man, for who can love to walk in the dark, but pro¬ vidence doth often fo dilpofe. And though a man may impute his own folly and blindnefle to«providence f.nfully, yet it muftbeat my peril!: the cafe may be,that is is the providence of God that doth lead men in , darkueflejl muft needs fay,I have had a great deal of ex¬ pet ience ot providence,and though it is no rule without or againft the word,yet it is a very good espofiter of the word in many cafes.* T.u'y the prudence ofGod hath laid afidethis Title providentially de facto, andthisoot by tuddain humour or paflion,bnt it bath been by ifiueoC : as great deliberation as ever was in a nationfit hath been theilfueol i o or 12 years civil war ,wherin much blood hath been (bed: 1 will not difpute the jufticeof it,when it was done,nor need I now tell you what mv opinion is ; in the cafe,were it de mm to be done, but if it be at' all [ . difputable, and that a man comes and finds that God f •' . in (V) \ in his fevericy bath not onely Eradicated a whole family,, and thruft them out of the land forreafons beft known; to himfelf, and hath made the iffue and dofe of that to; be the very indication of a name or title which de facto j is, it was not dons by me nor by them that tendered me j the government, that now I a£t in, it was done by the I long Parliament,that was it,and God hath feemed pro- videndall, not oney to ftrike at the family, but at the * Names and as 1 laid before defucto'h is blotted out,it is. a thing caft out by an a6t of Parliament,’cis a thing that i hath been kept out to this day, and (as Jude faith in an! other cafe) fpeaking of abominable fins that fihould be in the latter times, he doth likewife when he comes to tethorc the Saints, he tells them they fhould hate even the garments fpotted with the flefh./befeech you think DOt^thac I bring this as an argument to prove any thing,! ©od hath feemed fo to deal with the perlons, and with; the family,but he blafted the title, and you know when \ arnian comes (a partepofl )to reflect,and fee this is done,' *nd laid in the duft, 1 can make no conclufion but this, I they may have Rrong imprefltons upon fuch weak men ; us l am, and perhaps, (if there be any fuch) upon wea- ^ dsfermen it will be flronger, 1 will not feek to fet up that ’ •which providence hath deftroyed, and laid in the dull:, ! and I would not build Jericho again, and this is feme* j. what to me, and to my judgment and confidence,that itj istrue, it is that that hath an aw upon my fpirit, and I[ 'iiraft confdfe as the times are, they are very fickle, very! (Uncertain^nay (God knows) you had need have a great j • deal of faith, to ftrengthenyou in your work, and all L Stfffiftance, you had need to look at fettlement, l would; rather I were in my grave, then hinder you in any; ; thing,that may be for fettlement for the Nation, for the j. ilNStfOD needs, and never needed it more, and therefore j of the love and honour I.bearyou, lam forever, bound| (45) bound to doe, whatever becomes of me, /am ever bound to acknowledge you have dealt mott honoura¬ bly and worthily with me v and lovingly, and had re- fpe&for one that deferves nothing indeed out of the love and faithfulnefle / bear you and out o< the fence/ have of the difficulty of your works, / would not have you loleany help that may ferveyou,thatmay (landin (lead to you, but would be a fact ihce that there might be(io long as God fhall pieafe to let this Parliament fit) a harmony, and abetter, and good undemanding be* tween all of you: andf whatsoever any man thinks) it equally concerns one man as another to goe on to fet- tlement, and where /meet with any that is of another minde, indeed / could almoficurfehiminmy heatc»and therefore to theend 1 may deale heartily, and freely, / would have you lofe nothing that may ftand youinitead in this way. / would advife youthat if there be any of a forward and nnmannerly-,or womanifh fpirit,/wbUld not have you lofe them, / would not that you fhould lofe any fervant or friend, that may help in this work, that they fhould be offended by that, that fignifies no l more to me then as /told you. that is, /doe not thifike the thing necdTary, /doenot, / would not that you fhould lofe a friend for it: if /fhould help you to many, and multiply my felfe into many, / would betoferve youinfettlement, and therefore would not that any, efpecially any olthefe,that indeed perhaps are men that do think themfelves engaged to continue to you, and to ferve you, fhould be any wayes difobliged from you. The truth is, a did make that my cbnclufion to ybu ' ' I at the fitthwben l told you what Method I would fpeak i to you in- I may fay, that I cannot with conveniency 1 to my felfe,nor good to this Service. that T wifh to Well j tofpcak outalimyarghmehts'in'oide^ tofafety,and i° work, I fay,l doe not think it fit to ufe all the thoughts ' I have in my mind,as to that point oflafety, but I (hall [ pray to God Almighty, that he would direft you to do what is according to his will, and this is that poor ac-i count 1 am able to give of my felfe in this thing. 1 6 . April, Lord chief Jtiftice Glynne. The name and office effentiall to fettlement. F I'ft, Becaufe it is known to the law,his duty known in reference to the people, and the peoples duty known in reference to him, this cannot be rranfmitted to another name, without much labour, great hazard, if it may at all. To goby individuals,and reckon up all the duties,and powers that a King by our laws hath in reference to his truft towards the people, and the duty of the people towards him is a work of fo great labour, that it would requiremonths ; yea year?,ifnot ages. Secondly,lo apply its relative t.\hs quali', would intro¬ duce thefedifficulties. Fird,ic would be a new thing, how it would prove is but gued, and itsthe Foundati¬ on done, its unlafe to put it to a hazard, when you have a fafe one. Secondly,thofe certainties andfecuri- tiesthac accompanie that title are incident by the and- entlaws and cuftomesofthe Nations, and that which the other office can have, are introduilive, and given him de novo from this Parliament, as their ancienunhe- ritance,that can claim but by a new title of purchaie. Thirdly , The people and your Highnefs lofethebeft title, both to their libertie, and your rights, which is the Lm } Ancient Cuftomefivd Ufage, and claim it only • but C 45 ^ but upon the flrength of the Parliament*, but it you take it asaKing,you have theftrer.gth ofboth, F(7«rt/j// 3 ifyouaffume any other name, and have the rights given you by Parliament, it may leem as if the people had loft their ancient rights : and had need of new ones to be created by this Parliament. Fifthly ,7he affumption of the title ciKing,is without reed of any other authority to protett the people and bind the people to obey you. Sixthly, ifyou fhould take the name of Ptotector, ora- ny other new title whatsoever authoritie isapplied ther- to, is but grafting upon a flock that isnew, and doubt¬ ful whether it will bear the fruits weil,and Bill liable to former objections without doors. Seventhly, if you take thetitle of King, the worft af- fefted cannot objedt againft Authority, or at all againft the Parliament as the Donor. 1 6. April, M,::ficr of the Rolls, | T is certaine that all governments in themfelves may Jlbegood, for none as male infe, but the rule that h;uh alwaieshecn oblerved.tbatthemoft neceffary and prudent courfe to goveme a Nation mull be taken from that proportion which is moft fuitable to the nature and difpofitipn of the people that 3re governed. If this be the generallru'ealwaies inthe world, we may ; well draw this argumentboth from anabfotute necef- fity, and ex mceffttate confecjfientis alfo. The chief gO- verriourin a iettled government, beingobliged to doe for the good of the people, noconely quoad bonttmfvd quoad optimum, then the coufdenriontbat vyill follow - properly here will'be, whether the name King, Which in the judgement.'of th.e law, implies .the office, be not thebeft government for the peoples fafety, but ex m- ceJfjfMte cat* fa, & ex necejfitete Covfequentit, to explaine this 3 it be moft premifed that when we fpeake of K ing, muft take the difference, betweene the perfon dignified with the 'Name-, and the Name itfelfe j tor thtf. muft be taken for a fure ground, the wordKo-^is a Name, asic is a word which the Law doth look up¬ on, fo it hath it’s proper Bafis, and foundation upon tljplaw,and is as ancient as the law/is; now, the Per¬ fon of theK^e is a name that hath its dignity and foun¬ dation frojn the word King, as ex necejfitate confeqtien» tis fyecaufe in reafon a man muft bee ufed to exer- cife that authority which proceeds Irom that name. Thpfe things being very cleere, by the fundamental! grounds of the Law, if then we examine the founda¬ tion of things, according to the rules of the ! aw, itismanifeft that the name KZ#, the Lcne.u Rights, Proper, and Ltheitiesohhz people, and alfo Parliamentt- themfelves have but one foundation, and havecheo- riginall prefcription, and ancient cuftcmes, that is;, cuftomes time out of minde; fo that in judgement of LjaWvthe Three, theK*'«£, the Law, and the Parlia- mottle the parties of the Government of this Nation, which living the Befit and foundation from prescrip¬ tion j creates this forme of Government in this Na¬ tion,\ybiciH s a forme in the vulgar acceptation of the word .(Forme) but it is the forme of Government fetleci iathis Nation, that is oftheeflentiailpart, and hereby the Jaw forme a fat and by other confequences. that would be too long to relate, there is a famous Example .ini Ben. 7. ; The common ground that is taken by the acceffion of the Office and Dignity to theperfon, but .the true • grounds ( 48 ) ground is the Name,and the Office is become part of the body of the Law, which fhould pnnifh the offences, agaibft which it was committed, which doth prove both the neceffities of the Name, and the neceffarie re¬ lation there is between the Name and the Law, and it is a neceffary dedu&ion that the name King is the thing, wherein the Office and Power is placed, and therefore norpra&ifed by any Statute or A&of Parliament, to di¬ vide the power and office from the name, and transfer that power' without the name; the word 'King hath fuch effentiall reference ro the Law, that irnever looks ; to the perion, to make that the ground oftheeffence; but if it had been the name the law was fatiVfied, and therefore it never examined the right of the perfon, how he became inverted with thepower, but de fatto* whether be were or no ; and iffo, whether de facto or de jure, it hath the fame influence upon the peoples right,and the fame Advantages^ the chiefGovernour. The obje&ions of the government now 5 -and of the government un¬ der the Keepers of the Liber¬ ties, and the quietneffe under both of them. I. Emembcr the.d/ffealties in making. J[\. 2 , The Grounds why the Judges acted, though fomereffi-d. , 8 . 'That upon 'Debate when inconvcnier.cies were-fit forth, thefe. Grounds another Parliament m&ht ^change and the like. 4. To r 40 4. To the government , tfo dijlikf of the people, how fme difrehfb this nowfet up. 5, The Laws did proceed farr , when the Ordinary proeefs difobeyed, a good Army to kelp vs, the ground and reafon of the wan againfi the perfon: for the breach of trufi in bis departure againfi his firfi promife in Parlia¬ ment, upon the Petition of the Speakers, &c. and was not againjl the office but agahtfi breach of trufi in that office , by the abf ence of the per fon. There is alfo another reafon why the office cannot be annexe to another name, either by aft of Parlia¬ ment or otherwife, for many other name you muft fuppofe the office, the King, fo that any other name is but a fiftion in relpeft of the right name, and that Ivould be very dangerous, both to the laws and to the properties to lay the bafis and foundation upon a ficti¬ on , which was a reafon-that fome of the Judges for— [ bare to aft upon the name of Cufios liber tat is Anglia, &c. and the fame reafon upon the other name 51 ur¬ ged alfo that this Petition and advice was matter of . right not of grace, which was never denied by any ^Prince in this Naion, nor can it be, becaufe there is an 'obligation in all cafes to do Kigkt, and this obligation | is upon the Protector wlulfthe takes upon him the chief \ Magiftracy. Colonel Tones, 16. April , M Ay it pleafe your Highnefle, I am unwilling to fp£nd the time in fpeaking'afcer thofe two learn¬ ed and honourable perfons that fpake la ft, and therforc fliali endeavour in what I have to fay to thofe doxbt? you were pleafed to make wnen this Committee had E the the honour laft to attend a ou, to be as brief as may be. Your Highncfs was pleafed then to fay, that though the arguments brought to the maintenance of the title King-, in the Petition prefented to you by the Parlia¬ ment were weighty, yet in your anfwcring them \ou} muft not grant them neceflarily conclufions, but takcj' them as having much of convenicncy and probability) of, towards concluding; for if any expedient may bef found,they are not then neceflary. And y.ou were plea-i fed to tell us that though Kingjliif be not a Title, but} an Office interwoven in cur laws, yet it is not fo ra-\ tione wmim-s , but from whatitfignifies, that being a name of office plainly implying the fupream Magiftratc, & therefore whatever name it be, wherein the Supreme Magiftrace refides, the fignification will give to the thing, and not to the name, and feeing this Title had a Commencement, and alfo hath been unfixed, whj may not a new one now commence and be now fixed by the legiflative authority, and thereby be made tc run through the law, as well as the Title King $ from whence may be inferred this Title is not neceflary but mayitpleafe your Highnefle, if it be confideredj the intention of the Parliament in this their humble, addreffeto you, (viz.) that it is a Settlement: it would}'; then be likewife confidered, whether a new nam|! will not be found, in this cafe to make a newOffic|j alfo , and whether then the novelty thereof will}, not hazard it nor frufteratc that great end of fctlej; Bient, the Antiquitie and tryall of Laws, bein| r that which doth beget the greateft reverence and| r fatisfaftion of them in the people; and that thL change of the name makes it a new Office wi’l ap|j pear both in refpeft of his authority, who bearlg the office, and in refpeft of the peoples obligation! m matter ofobediense to that new officer ;for bytbfjj J f50 ^ " 4ncient law he cannot claim fubje&ion from diem 3 16 nor can the people therefore claim fubje&ion from ■ him, the ftrength then of the fettlement, and of their *! Highland Liberties, asfarre as they relate to this % new Suprcam Magiftracy, will reft upon a new and :c l untried confticution, and this authority upon the 7 | fame foundation , the wifdome of our Anceftours, ,C ' ! eren in letter matters when they introduce a new Law-, made it for the moft part a probationer ondy * ^ andd may humbly fay, we have now fome yeares been making probationaries of new Governments, and therefore the Parliament finding the people not yet fettled with any of them, return to chac which by long experience and cuftome hath been found to fuit with their Mindes, and Rights 3 the people having not the fame fatisfaftion nor acquiescence in any new thing which they have in long ap¬ proved Laws, and Cuftcmcs, a new thing being in C i it felf uncertain,.notonely whether it will prove good | or no,but alfo inthiscafe,in refpefit that one mainpro- Iperty of the fetdemenc being a coordinate power, 11 ; depends uponit,and will be fubjeft to be controverted 1 whether one coordinate is well put up by another, or “; ! may not by the like power that fees it up be pulled down f again, which cannot but leave mens minds as doubt-- | ful of fettlcmentasever, things uncertain and difjyuc- '|able, naturally carrying unfcttlcment with them. Time ■|and experience hath grafted this Name and Office in the. |minds of the people, and that (as I faid already) begets “jrevcrence and fatisfa&ion in their minds. Alfo they l |were the exorbitances of the office (which in great mca- Ifure this petition provides againft)that was complained jpf, and not the Office nor jYtfwr, which are founded up- l jpn the ancient laws,the altering of either, alters the cori- flitution, and layes it upon a foundation Idle certain,' £ a and (50 ! and eafier to bcfhaken; and therefore to take up the office without the title will be to take it up with all the Objections of Scandal; or otherwife itisfaidtobe | liable to, and yet to want the fupport of the ancient j Laws it carrys with it, and the advantages of Satisfying and.fettling the mindesof fuch of thepeopleof thefe Nations, as by the confidcration of novelties, and what in this cafe attends it, will otherwife reft doubt- full and unfetled. Thefe are fome of the grounds I ob- ferved in the debate of the Parliament, to induce them to judge this title not onely expedient,but in refpeft of fettlement neceflary. Your Highnefic was pleated to objeft alfo the diffatisfattion of good men which you judged in things indifferent were to be confidered. They are fo, and it hath been fo judged by,the Par¬ liament, who manifeiled great tenderneffe in that kind, and 1 hope ever will: but in this matter found by the Parliament not to be indifferent, but neceflary for the fettlement of thefe Nations, they hope that wherein, good people have net already been fatisfied, they will endeavour for fatisfaftion : and it is to be hoped that! when the matter of this Petition will be nude more j publick, they will find fuch care and provifion made r for good men, and of good things, that will certainly give them fatisfaftion, I think I may fafelyfay, fuch a j politive provifion for their Liberties and incourage-; meat hath not been found under any former King> nor any other form of Government, to which your High- nefle hath been pleafed your fclf to give that teftimm ny, fo that it is not Kingfhip alone,as formerly the Par* 1 'amenc advifeth your Highnefle unto, but rothe of¬ fice with fuch a provifion made for the good intereft; find if then yourHighneffe (of whofe faithfulneflc to their intereft, good people have received fuch ample te- ilimony) will be pleafed to confent to this Petition ol ( 53 ) the Parliament, an authority alwayes of no fmall e- fteem and reverence with the beft men; I doubc n t but when it is done they will chearfully acquiefce, though while it is doing they may have lcmples for that of providence laying a fide the Title, I thinking the argument whence will be as cogentagainft the of*- nee it telfj and againft Government by a lingle perfon under any title, the Afts of Parliament mentioned are as expreffely againft the one as the other; and there¬ fore the exercife-of the Supream power'by a lingle per- fon under any titles js as much a contradiftion of pro¬ vidence and thefe Afts of Parliament, as the exercife thereof under the title of a King: but certainly the laying afideof a-thing de fafto, which though indeed it be an Aft of providerce, yet ic cannot be conflriied, that the intendment of that providence is finally to lay icafide, never to be reafliimed again: the conic - quenfesof fitch a palition are many and may be dan¬ gerous, for what by that rule is not to be laid a- lide. I remember here an objeftion made , that your Highneflein another place , which I had almoft forgot¬ ten, which was d at we did enjoy our Laws, and that the juftice was freely adminiftred under feveral changes and titles, as that of the Keepers of the Liberty, and the title your Higlmefle now bears- To which 1 hum¬ bly anfwer, that if fo it may be find, thanks are rather to be given to the perfons into whofc hands the po wer fell, then to the conftitucions. However 1 crave leave to fay this, that changes imply not a fettlement, and lince providence led us from our old confiicutim, we have in a few years.had 4. or 5. changes, Sc that thefe changes have not been accompanied with more hazards, it is a matter of praife to the Lord, and of commendation t® the powers we have been under, but if one provi- £3 dence ( 54 ) denes both laid afide A>#g/^)another led it in,& calls upon you take it up; and it is to pe a remarkable thing, that providence hath caft it under fuch confii- tutionsand Laws, as if when we have thrown out the Tyrant thatopprefled in our fpiritual and civil Rights* we can by our ancient Laws graft another in, that may be a fit inftrument to preferve bothjwho (as the learned perfon that fpoke laft laid ) may make it up as it were but one King : this 500 years the Law not admitting an Inter regnmi, from whence I inferre, that as it was not the end of our YVarre, as appears by fix or fcaven Declarations of Parliament, one whereof was ordered to be read in all Churches; Co our providence led not to la v afide either the Name or Office^ but that Family which oppreffed us 5 then all mens Lives and Liberties depend on this fettlement,it is neeefiary then to lay it in the ftrongefi foundation that may be. And as for that of fafety, it is not for me to fpeak much lO it, but certainlyit is to be hoped, that as a Parliament advife your Highnefle to things honed and lawful, and by them judged neeefiary for a good fet- tlement, and therein take care and provide for our Rights as men and Chriftians, and your Highnefle thereunto, all dangers upon Gods blefling upon your Higiinefie wifijlome, backed with fuch Annuity and an A; my under the conduft of fo many religious and faithful perfons, f® well principled to the obedience of lawful powers,may be prevented. And therefore I humb’y hope God will incline your Hiehnefle to <»ranC the Petition and advice of the Parliament, * 16' April, 1 6 April, Sir Richard Onflow. the Lord Protestors Objections. O BjettioH) That the Title of King is a name of office, and any other name which may imply the fupreme Magiftrate hath the fame fignification, and therefore no ncceflity of the name. Anfwer, Every office ought to have a name adequate to the faid office > and no ocher name then King can be fuitable and comprehenfive enough to contain in it the common good to all intents and purpofes. It is a Rule,that the Kings of England cannot alter the lawes of England , ratitne nonius , but is bound to go¬ vern according to the Lawes of England , but for anie o- ther name, there is no obligation lies upon it. That the verie Title is neceflarie was declared in the 9. year of E: 4. when the great controverfie was betwixt £;4.and H:6.that fometimesone was in pofleffionand then another, that it was neceffaric the Realmc fhould havea A'i«g under whom the Lawes might be maintain? ed and holden; for everie aftion done by the King in pofleffion was valid and goods for ic was his 1 urifdifti- on Royall, fo likewife the firft of H: 7. fo 3..the fame o- pinion was held and declared, chat a King de faCfo was nceeflarie, and in all alterations fromperfons and fami¬ lies. Yet our Anceftors alwayes retained the "title a'nd the Name. There is a prim & a primm, another name may in or-, dcr and degree be firft, that is, before other racn, but it was a King wispr'inum, the hrft name that had its be¬ ginning with our lawes. The Cuftomes of England are the lawes of England ,as well as pur States laws the title of King 8t cu$m; are rwo E 4 twlit ( 56 ) twins born together, and have had continuance to¬ gether, and therefore to fay Protector, of which we know the date, with Guflm(of which no memorie can fpeik) is a kind of contradiction to the Originall. Then there nvjft be a Law introduttive, becaufe Pro¬ testor is a new name that cur Law doth not yet know. Mow to ingraft a young feience upon an old ftock it will never grow , but there inuftbe an irradication of the old ro.;t and a new plantation muft be made,and that all the old cuftomes muff Be put into politive lawes, and that will be a thing confifting of much time and great difficulty. The tide of King is fo incorporated, and in coitjun- &ion with our Cujtorn, which doe very much concern the people of England to be upheld, and then there is a rule, ®nuqut res in conjmltione pro bom coHjmftmit, that ought to be done which is for the good of the conjunction & benefit thereof, & if it be for the advan¬ tage of the finglc perfon& the people, it brings me to mind of another rule my old Mr. Tully taught me, Com- tumU utV.itaxis dtreliBio contra naturum ejt } it is not na¬ tural] to decline that which is for a common benefit and utilitie. And therefore I ffiall fay but this as to the title, that as the.Patriarch Jacob joined together in his blcffing upon hid alb the Law-giver and h'cepter, for the Par¬ liament of the three Nations defires to preferve the tide King in and upon the Law. a. Objection, another argument your Highnefs was plcafed to draw from providence, that had brought you to this place through much darknefs, and had feemed to Jay this tide afide of King. Jufwer, It becomes all men to acknowledge the afting of the providence and power of God for bringing to pals whatfoever he hath determined in the world, and ic (5 7) it is the mighty and wife hand of providence which Triumphs over Nations, and Triumphs and treads down all oppofitions: Yet your Highnefs obferves, it is not a' rule to walk by without the word, the reafcn, the caufesC are hidden in the (ecret Counccll of Gods will; yon may fee in the Revelations, the Book is Sealed up with fc- ven Seals, we may read what is paft, becaufe it is written on the out fide of the Book, but what is to come we can¬ not read, and we ought not to limit providence, nor can we bound it with a no further. 3, Objection, this State hath by providence received feverall changes to great ones from the former cenfti- tutionythat of the keepers of the Liberties of England and this prefent Government,under the title cf Prote¬ ctor $ and the firft feemed to be the refulc of 7 years war againft the Title and the Family. Anfwer , it muft be confefled it proved ihe event of 7. years war but the reafons of the war did not lead to it,for the war was for King and Parliament, for the office. Bgc againft the perfon,againft the exorbitancy and irre¬ gularities in his Government, but it was providence that took away at that time both the Office and the Fa¬ mily. It was alfo providence that altered from that of a Re- . public 1 ^, to this of a ProteBor ; that a& being as much againft frotcCror as a King , for it was againft a Single Perfon. ' And may not, by the fame feries of providence, this Parliament as well fet up Kingly Government, as that i Parliament took it away, having alfo tke fame power ; they had. 1 4, Objection , Another ground why your Highnefs | would not accept of the Title was, the diiTatisfoftioti.pia,* j ny perfons, who had been inftrumentall in carry^-on the work, haye againft that title. ' Am ( 58 ) Anfwer, in everie change of Goverpient there was' and ftillwill be perfons unfatisfied, becaufemen are of, mixe intcrefts and differing in judgement, upon the change ta a Republiek, thofethat conceived the Mo-j narchicali Goverment beft were unfatisfied: but all ought to (ubinit and be concluded by the judgement of a Parliament. Your Highnefs was pleafed to fay that neither your felfnorthofe thactcndrcd to you the inftrurnent were authors in thefirft change, but it was the long Parlia¬ ment, fo that I may conclude, they were not engaged for that Government by King. It bath been indeed the honour of the Souldiery that' in all thefe changes they have ftill followed providence,; and have acquiefced, a&itig and living in pra^icall conformity} but I wifh they would be fatisfied , for their love fake tons, and their labours for us. High ftiould his reward be in Heaven, and happic his remem¬ brance on earth 5 that would be the means of fuch an accord, but to fatisfie all men fo devided as we are would be no lefs then a wonder. I (hall fpeak in a pa¬ rable in the 27. Chap, of Ezekiel verf 19. the Lord faid to the Prophet. Take Wo liicks, norite upon me flick,for Judah and the children of Ifrael companms,cind take the other ftick^andvritt upon it for Iofeph the flick of Ephraim j for all the Houfe of Ifrael bis companions , and join thefe tmllick? in one dick^nd th'ey (hall become one in. thy hand , thefe are the two Nations of Ifrael and Iudah,, two did ant •, and diferingnames, but they (hallcome under one King, and Vavid fhallbetbeir Ktng , thus they were li¬ nked. 5 .ObjeBioni Jufticc hath been as well adminiftred and as free from felicitations undeF thefe changes as be¬ fore. Anfweti you were pleafed to fay you undertook that charge (5 9) charge to preferve from confufion, which indeed is the worft of evill, and the fame reafon might prevail with judges, and other Magiftrates to execute- Juftice, and give to men their rights, which is fo defirable to all men and of abfolute neceflity. Juftice may be compared to the water in the fpring, if kept from his natural channell will break his way through the bowels of the Earth: nature fometimes may {uffer violence, there is a peace in a ceflation to war,and there is a peace in the regard of the diftra&ion may be termed 5 but an intermitting peace, for your Highnefle is pleafed to acknowledge that the people call for a fubfiftery and cry aloud for fectlement, from which under favour I may infer, that as yet there is no fettletnent fo well fettled as to be accounted perfeft and good. Your Highnefle is pleafed to declare you had rather take a ‘title from this Parliament,then any title from a- ny other place or without it. The Parliament of England is the Womb of the Com¬ monwealth & in that Womb there hath been a concep* tion 8c fhape, 8c proportion, 8c form, 8c life, and grow* eth as far as the navel could nourilh; there hath bee* alfo a delivery 8c a name given, there hath been ctucef- te coHceftus partw & efus } 8c it hath been a great work to bring us to this delivery, it is therefore the humble advice of the Parliament that your Highnefle would be pleafed to make it fpeak the Englifli tongue. Apr ill the 16. Leri Com. fints. ^ 70 ur Highnefle the other day laid down as a ground 1 5 of .yeur enAiing difeourfe. this politien, that there (60) j there was no neceflity of the name and Title of King upon which foundation your Highnefle feemed to build the Arguments and reafons of your Highnefle dif- fatisfattion, as to the Name and Tnle^ind that in fuch fort as the matter is now ci rcumftantiated and ftated by your Highnefle own felf, that there is a neeeflity either in the affirmative or negative, if it be not nccefftry that thenamebeafliimed, it is of neceflity to be declined, and if no neceflity to decline it, then there is a necefli- ty to aflame it : for although the nature of the thing b« it fe!f fuch as poflibiy may admit a latitude of argu¬ ment upon the point of expediency and inconvenicncy, and that wc are not ffiut up under an abfolute neceflity either the one way or the other, yet the Parliament ha¬ ving given their judgment upon it, and their advice to your Highnefle in it, your Highnefle feemeth to admit that there lye the kind of neceflity upon you to afllime it: if there be not a neceflity to wave it, for you will not without neceflity decline the advice of the Parlia¬ ment having Paid that you fhoulJ rather chufe any name, which they fliould fixe then any name what- foever without. Then it holdeth out thus much, that you will not put expediency nor conveniency, bi>: oncly neceflity in ballance with their judgement, who are the proper Judges of things in that nature,and whatismoft expedient and convenient therein for the three Nations, which they reprefent, & thought a name might orherwife be inconvenient, yet accompanied with judgement of the Parliament, it would become more acceptable to your Highnefle, then any other name without, as your Highnefs hath faid and admitted, and belides the grounds of diflacisfa&ion held forth by your Highnefle, relating to confluence, they muft be fuch as are grounded upon a neceflity in the negative through - the reafoas alledged by the Com- f-6l) Committee ffiould not of themfelves conclude, but on¬ ly in expedience in the Affirmative; yet they are fo far from concluding a neceffity in the Negative, that they doe it by accident in the Affirmative, becaufe there is not onely a neceffity of the Negative, but an expedi¬ ence in the Affirmative, which notwithftandingismore then lay upon the Committee to make out, it being fuf- ficient, as this.cafe is,to (hew that, there is not a neceffi- tie to decline it, is to conclude a kind of neceffitic to take it, and whether or no if the polition laid, down by your Highnefle were admitted, the reafons given by your Highneffe, doe upon fuppofition conclude a lie- ceffitie of declaring this Name, is the queftion in the fecond place : when lirft position hath been confidered, how fair it muft or need not tobe admitted; there is a double neeeffitie in a natural! and a morall neceffity; a paternall neeeffitie falleth not under confideration rules,if it be one refpett,becaufe there is a kind of inipo- ifibilitie, at once to enumerate all particular cafes and circumftances, wherein the chief Magifirate ffiall or (hall not have power or right, which manic hundred of years hath done and fitted the Laws in all particu¬ lars to the Name and Title of King, but to the Name of frtiettor ,or any new Name,either all cafes and circum- ftanccs rnufl by particular enumeration be applied, which would be the worke of an age.(as it hath been of manie ages in that Name of a King , or itrauft be left at leait in what is net enumerated boundlefle and Law- lefle, which that it ffiould not be; there is a morall,that . is to (ay a politick neceffity, or elfe,tofuit a particular enumeration, there muft be a gcnerall claufe, that in all things not particularly fpecified, they ffiall be defined by the Laws and Rights belonging to th« word King , and then the queftion will be mcerly nominal, 8c con- fequently not be put in ballance with the judgement of • w die Parliament,for that a necelfity in the Negatifc can¬ not arife out a meer nominal difference of the thing,8c the difinition thereof being Identically the very fame, and there being no difference but onely that of a new Name, which in the judgment of divers wife men, may draw after it fuch a confequence, as the putting of old Wine into a new Bottle, which may hazard the Ioffe of the thing, and of the Laws, and Liberties of the Nation, which are drifted to be preferred thereby; as to moral necelfity, it is either fo ahftluta necefitate, or necefitate precepti , or neceffitate medi't ; for the firft ne- ■ccflity there are but four things which are neceffary in that fence, as God is neccflarily good, true 8ec. And as to that necelfity which is virtute precept^ it is fo either primarily or fecondarily in terrentu adits buntarn , and of the latter fort is the matter in queftion, if at all necefiarily neceffitate precepti, for though Magiftra- cy be an Ordinance of God primarily, yet particular forms ®f Magiftracy and Government, and much more the circumftanccs of thofe forms, as Names, Ti¬ tles, and the like, are firft Ordinances of men, before they arc Ordinances of God; firft man fet’shis ftamp upon them, and then God fet’s alfo imprefle up¬ on them, and therefore though they be but Or¬ dinances of men, yet the Apoftle faith, we are to fubmit unto them for the Lords fake, whether to the KING as Supream, or to the Governors as thofe that are Cent by him, and what Peter calls Ordinances of men, Paul calls Ordinances of God, and yet they arc to be obeyed not onely for fear, but alfo for Confcieuce fake, fo that in thefe forms of Government men may do as they will, as in other coiitra&s, wherein it is free for them to contcafr, or not to contract, or to make their Cove- (* 3 ) nants this way or another * but when they have made them, they nujft keep them, for then Gods fcal is up¬ on them : now as to the matter in queftion, it is clear* that the unqueftionabfe damp of humane authori¬ ty , and the Ordinance of man in thefe Nations* hath accompanied this Office under this Name for many hundred years together; and if it was wa¬ ved and laid alide, as of late yeares, it is now fet up again by as good an Authority, and a fuller rc- prefentative of the three Nations; and though it be onely by petition to your Highnefie , yet it is in fome fort a Petition of Right; for the people of thefe Na¬ tions have an Intereft in their Government and laws ( whereof this was amongft fundamentals , ) N as well as in their Liberties and lands ; and al¬ though particular perfons may have forfeited their intereft in the Government, yet I do not know that the Nations have forfeited their Intereft there¬ in, but if this point (hall feemc to be driven too far, yet it is clear, that if the Office under this Name and T 'Hie be moll known, and moft fuitable to the Laws of thefe Nations, moft agreeable to the delires and dilpoiitions of the people, and moft likely to maintain quiet and peace int-he Na¬ tions, with Juftice and Liberty , which are the great ends of Government, and of all Forms and Names therein, as in the Judgement of the Parlia¬ ment it is; Then as it is the duty of the Parliament to advife it , fo doth thereby lay an obligation upon your Highnefle to accept it nsseQtUU mdii , as a ncceflary medium to attain thofc ends: And whereas your Highnefle is plcafed to fay this medium is not neccflary , becaufe the ends may be attained by another mcd&m , as appea- 'Cfi 4 J 1'cch in thefetwo Names and Titles, Cujhdeslibcrtatis Anglia and prote&or: belldes, the experience in the one, that was blit of fhort continuance) and of the other,that it hath & doth (till ihind but in a (baking & uncertain condition, and of both that the/ have attained the end but imperfe&ly,atid through the help of a great deal of force; and though it cannot be denied, but that the end may in fome degree be obtained by fame other medi¬ um, which may ferve the turn in cafe ofnecelfitie, and when no better can be had; yet where fuch a neceflitie is in the cafe, there doth fpring out a kind of moral], or at lead a politick end of the eontrarie, 8c of embracing that which is the beft medium ; for in cafe of neceflity, there might be a Government without any Laws, and that Arbitrium bom juris (hould ferve inftead of all Laws; and yet where Laws can be had, none will fa/ that Laws are not neceflfary : when a man hath a better Lamb in his Flock,a worce will not ferve , but in that cafe there is morall neceflity, that the beft be brought fora facriiice; when the Parliament f and they fuppofe the like reafoa extends alfo to your Highnelfe ) are per- fwaded in their judgments, that this is the beft medium to p refer ve the Liberties and the Peace of the Nations, and yet no neceffitie appearing unto them fo to doe, (hould make choife of a weaker prop, and that there¬ upon (hould enfue inconvenience, and that the band of peace being broken, blood and confufion (hould return upon the Nation; it muft needs alfo return up¬ on their thoughts, that they had been wanting in their duty, in not providing the beft remedy, which pofli- bly might have prevencedthe mifehief which leadeth to the confideration of the fecond queftion in this mat¬ ter, whether admitting your Highnefle pofition, that there.is not a neceflity of this Name Kr'wg; thereafon held forth by your Highnefle, makes out fuch 3 necefll- .. % tv?, as that you cannot take uponyoli that vxme though advifai thereto by the Parliaments the heft& inofti se¬ ducing to the fends of Government, wichdgrancin^nqc zbiolutdy neecfiary,if there fall not out to.be neceiTicy in the cafc,tO the ce>ntrary,your Highnefs wss pleafcd 'i.ij th e fir-ft place to mention, the diffatisfeftion, as to tins particular of many godly men,&, fitch as have grown'iqi ■all along with you in the carrying on this great caidtj as Soujciiers,. which indeed nuift needs be very great and tender coniideration to your Highneffe as it is a Kb to ali of us., who reap the fruir of their prayers, and of their hazard;, & great & worthy fervi.ee, and. it wouldbc a great happinefty if it might plcafe.God thr.t great and good things were carried on with unanimity and harmony amongft good men: but the felicity hath never yet been gi ;>ntfed unto us, but that great matters and changes have been accompanied with great diffi¬ culties, with great difference of judgements, even a- mongft the bed men,as our Jaec changes fuidiciently te- ffific. For your KighntH knows well when that change was made,, whereby this Ahrwe and Office was laid a fide how. many godly men and yonr old friends were dilfc- •tisfjed therewith : aud yet thole that had then the power did not think that the;/ ffiould therefore forbear to do what then was judged for the good of the Nation.There was the like diflatisfa&ion on che other fide of many Godly men, when your Highneffe took upon you the Government.tmder the name o£jrotecior 3 8c yet it was not held an unjuft obftacle to what was then thought good for the Nation.There is a certain latitude where¬ in there may be had a refpeft to friends,wheil.the pub- lick good of the whole Nations is in qudtion. Other confiderations may not take place,and it is not love to fatisfie mens dehres to their own hurt, and the hurt of thep.ubliek fc iceaonot be thoughts .bur.thatiG.odJ'? F and a$d fisher men * when they fee this name ftamped firft . ytith the ordinance of man, and after with Gods or- liuiancc,(for ,f9 it will then be ) they will fubmit there- -tinco for the Lords fake, and fatishe their minds that -..they ought fo to doe, for that other reafon alledged ^)y.yourHighnefle,that this name hath been blafted and : taken away by the Parliament,'it is clear, that the thing Was as much blafted as the name and the Government ’hy oneperfsn , under what name foever, as much and .more blaikd then this name but in truth, neither name ,mt thing hath been at all blafted by God; otherwife 'then he blaikd all things and names of this nature. It may be as truly laid, that he hath blafted Parliaments, for they have alfo undergone and felt the like blafts,but Ged hath fo declared his will concerning all particu¬ lar forms of Go vernmenr, that they are wholly at the pleafure and difpolltion of men to be continued and altered and changed according to the exigency of af¬ fairs, and pub lick good of the people and Nations for which they are created by men : for the Scripture c-.dleth them hvmana creaticnU. Therefore as men blaiteth them, lo God blafteth them, and when men Let them up again God honoureth them again, and commands they Ihould be honoured ; One Parlia- mert thought the perfeft ftate of affairs required the tak ng away of this Name and Office ; and this Parlia¬ ment judgeth, the prefent ftate of affairs requireth the reftoring it to the Nations again; as to that point of falety which your Highnefie touched upon, we may beft anfwer it by drawing a curtain before it as your Righnefie hath given us an example, there are difla- d'ibiftio-is on the one fide, as well as on the other, itcitncv is the eonfideration of danger onely on the one ;;dc;and fome things may be more convenient sot your- Bighueffe to ^conceive, then for us to /peak one cjiely ? fhall remember your Bighnefs what the Wife* man faith , he th*t obfervetb the wind tfiall never fivj and he that regardeth the douds Jhtill never reapithe huf- bandman in the way of his calling muft rule his afticjii? by the ordinance and revealed will of God, withoiit attending unto the uncertain events which may strife through th e indifpolition of die aire, which is in Gods hands and difpo/ition, fo every man in the way of his calling muft attend to what is the revealed will of God to guide • his -refolutions and aftions thereby, and not by the various minds of men, which are in the jhands of - God : and the Wifeman alfo faith, he that rvalkfth ■uprightly, walkgtb furely ; he walketh uprightly that walkcch according to Gods revealed will. It is .alfo a great note of integrity to fpeak as a man chinketh, to doe as he fpeaketh, and to fute name to things, and as your Parliament hath thought to fuic with this thing s fo have they offered to your Highnefs with much iiice-* grityf, and without any other refpeft faving to your good and liberty of die Nations. Lord BroghiB . April 1 6. Y Our Bighnefs the laft time this Commirtee had the honour to wait on you, feemed to be of opinion, that it was not neceflary that you lhonld a (Til me the Title of King to exercife legally the of¬ fice and duty of fupreme Magiftracy of thefe three Nations; becanfe that the Tide of Protector is ;by the authority ; of Parliament made the Title of the F 2 chief . (> 8 > ckeif Magiftratc, would do as well and anfwer all ends of Government as fully, as that which now the Parlia¬ ment does defire and advice your Highnefs to take up- up on you: but to cffcft this, either .all the powers and li¬ mitations of a frots&er mull be more particularly enu- '.merated, or he muft under the name have all the autho¬ rities with a Kingjis a King has by the Law.Of the firft of ' thefe then (as thofe learned Gentlemen that have Ipo- keu before have fully proved ) whatfoeveris not parti- ; cularly fpecificd, the Pretettor is left to a & arbitrari ly, or a Parliament muft be called to fupply eVerie now difeovered defeft, this power being derived onely from that authoritie that now does, or hereafter fliall con- ftitute them, which will prove dangerous and inconve¬ nient both to himfelfe and the people, and tofet down -all authorities and abundances which arc reqnilite , Will be a work of fomuch time and difficulty, if that in the Nation onely it feems impra&icable, in the a&ing it will be much more found fo, if the ftcond, then it will evidently appeare, if the difficukie is ©nelie about a name, and it would be a fad thing indeed that anie difagreement fhould be between yourHigh- nefs and the Parliament: cfpecially when the thing differed in, as the fettling our foundation, and the thing differed upon, isonelie a name, I hope that unhapineffe will be fo well forefeen as never to rnnnc unto. Your Highnefs was plcafed to take notice that if the Title of ProteUor were fettled by parliament, hardly anie thing could be objefted againft it, but that it is a Title not fo long known to thefe Nations as that of King , which is a grave and weighty obje&ion, fince jn conftituting of Governments, the ableft and moft deferving judges are un capable to fee thefe difadvan- tages and inconveniences which time «nd experience ; <- 9j doe render evident, which may be a reafon, if not the chiefo one, why our AnCeftours would never alter Kingly Government, though they had-often the po¬ wer to doe it , and were provoked thereunto by exor¬ bitance and evil Govcrniuent of their princes, chofipg rather to bound that office proportionably to the evils they have deferred in it, then to eftablifh a new Model of their own, in ere^ing of which they could not have in foue ages the experience they had of that; and to cad off an office that has been forae hundred of yeers a pru¬ ning arid fitting for the good of the people, to eftablifh ope that has been but newly known, Were to think our felves wifer in one day then our Forefathers have been ever fincc the firft eredting of Kmgfhty It has been an unqueftionable principle that the Magiftrate is eftablifht for the Lawes, and not the Lawes for the Magiftrate : if therefore the Title of FroteCfsr fhoujd be the Title of the fupreme Magi¬ ftrate, we fhould fit the Law* to him, not him to the Lawes 5 which would be by our pra&ice to contra- dift our profeffions, and pclfibly wound the peoples rights , but in this point there has been fo rimeh faid, and that fo learnedly by thefe worriiie perfons, who have fpoken before, and to prove the neceffitie of your Highnefs affuming the Title of King , and fhould onelyadaea mentioning of thefe manic reafons that the Parliament of three Nations think it ncccffarie you fhould doe it, which is evident, by their incert- ingit among# thefe three things, which they efteem fundamentals asto thefetdement: yea, they have pla¬ ced at the head of all thofe fundamentals and laid fo greatftrefleson it, that in their humble petition and advice, they declare that if it be not accepted of, the whole (hall be efteemed null and void, fo that the F 3 higheft ( 70 ) _ higheft neceflky impcfed by a Parliament will have the bell acceptance, your Highnefs was pleafed to mention, that we had recent •experiments what the Supreme Magiftracy of the Nation might be well carried into all effetts and purpofes under "another name and Title then that of King , via* under the name ofK etfers of the liberty of England f aftdunder the name of ProHaor , but 1 toll lifimbly bcfcech your Highnefs to confider, that becaufe tbit was not, grounded upon the old known liWed, it was ofverie t of choice, I need but mind your. Highnefs of what the Mafter of the Rolls then Ipake ol, the Parliament did even nbvt evert 5 that after thetbfolution of Kingjhip , the Parliament were neceflitated to advife With a ■ Civilian of another Na- what the Hollander had done, what they did, they (?o they were at a lofle what to doe, the provlr’enceJ'dF God hath fo altered theterrper ofOfficers, between ttaV .. time and this prefent, that the change appeared beftv becaufe neccflary : but the Parliament efteems fife change now defirgd neceflary, becanfebeft ynor-'ctfri we poflibly better eiprefle our thankfuInefTe for 'tHe opportunity, which new God hath put into our hand 0 , 1 then to imployment, to make the beft and lafting¥ft fettlementj all things are beft which are 1 found belt upon tryall; but all the changes we have been under of late were Upon belief, not experiments and having had an effay of all, the Parliament have foihid thaW bove all al },Kinjhi]> is the beft,fo that by the beftjudgefy and by the beft way of judging that form of Govern¬ ment now prefented to your Highnefle, hath the pro¬ ceeding in the peoples opinion, and therefore is hoped you. will have it in yours. It may poffibly be fit for your Highnefie obfervation that the beft breach which happened amongft thofe wor.hv perfbns, which inftrumentally carried oh olir Common caufe, arife from the taking away the ‘Tifle and Office of King , fo often declared for and enga-# ged to be maintained by the Parliament, till then We went hand in hand and tooke fwcer Council toge¬ ther, and if the Abolifting thereof caufed fo ftd-j breach, probably the reftoration of it may make it irp again. Your Highnefie ■ was pleafed to fay, you ' affir- med the office you now bear \vi:h no better hope then- to prevent mifehiefj queftionlefte we xtiay’ ex- peft better fruits from the fupreme MagiftracyAand if your Highnefle, who is .every « Way fo worthy of 1 office,; had no better hopes under the’ Title Tr^- a<>Yj we may juftly fubkribe it not unto your fclf, but unto rhe confufion of Government yoir F4 uader 9 (70 under,and thereforeyour Highneflc now do affiime the Supreme Mag|lh;aey aceording to the Laws: we ffiall both.hC'p.e and believe that-you will not onely prevent ; illj ;but do much.good,. thebed. Governour being granted upon the .bed.Government. Yonr Higlwefs expr.e/TeJ fom e.doubts,:.t hat the providence of-God hath bfafted t he-Ztffig$ officein the dull,'and that by an aft pj Par liaruetk was laid slide ; but 1 humbly hope yqurHiglmeife will pardon rue, if I cannot have the like apprehenfiqn, I cannot believe if that office Were bh.Cted by.theii.and ot God, that tlie Parliament would adyiie and petitj .m-yon to take it up. Betides Sir, the very which fir ft cad o.itthe Kingly office^ did alio caft out tire Supreme Magiftracyin any tingle perlbn : yea, by way of election or otherwife 3 therefore I begge your pardon if I cannot think that aft of par-? jiamcnt can be interrupted as a providential blalling. of,ihat office,, which your Highnelfc thought necef- Jcy* to accept oS and by vertue of which vve have for feme years pad enjoyed quiet and protection; So that if iiiifijn’l be blafted then Supreme Msgijlracy in a Jingle iferfcn is as much, being bprh equally declared againft at the fame time, and in the fame Aft of parliament3 and that /ince yonr Highne/Te by yOHr aftings, have evinced you did not believe the Supreme Magijiracy in . /t- fjigk Jjcrf&;i wsshMed by providence,.you will.pet-. mitus to believe that Kinglhip is no more blafted^hca . t tat,the fame authority & the fame aft having blemiffied • . (Ys.farre as it coi(ld) both alike 3 bin your Highn'efeis pica fed .to fay Kwgjhip is call Out defalio.lithe weight.' cf the argument do red thereon, your Highncffe 'by accepting thy petition and. Adv.ifc of, the parliament will-make your argument as ftrongfor Ringjhip. as ever k was againft jt, and ’tis hoped yoiir-Highne/Te will not ' dgubcthat what pHeSupreme, authority did fupprefie, \ another another nmy ereft: that feemed neceflary^hen ift the' judgement of them onely, then they knew riot w h i t to do when they had erefted Kings, and we (hall bemttor } like perplexity-if now you accept! not: of this:What- the long parliament did after fo lobga Wafre, muft be 5 confidered rather as a refuit of providence,then the ci« • ftingout the other. The ftate of parliariieiittiiuft be ,; * coniidered under that notion alfo, and yet f fihiflfctHfri- <’ is fcw that efteeti; it not aifitto refcrrc it againiindCr due qualifications, as then * ’twas* eftec'iriedfit"not to allow of it under any; if alfo your Highncfleargu-;* nienrs were carryed on as farre as it raight bc, Iappre'- -■ hend it might , alfo bring it in queftion, * that the parlia^ ' ments were blaftedby. providence, for Whoever allow* not the diflolving of the long parliament to* be under* that notion, will hardly find a good reafoii for its dif* folution; but it maybe anfwered, that it may not caff down in reference to fomc thataftedin it, who were - fufpefted to have a defign of perpetuating themfelves in that authority, which would have turned what fhoiild - have been our phyfick into ourfood. To whieh I hum¬ bly anfwerjhad that been fo,che people might have had new Writs fent unto them for the election of their re- prefetttatives, who.might have carried on the publick " affairs ofthe Nation b y a new parliament; butit feems ’ thofe times,would not bear if, and therefore a'convent - tion of feleft perfoiis were called, unchofcn by the peo¥ pie,to. whom all power was devolv’d,and who had even ^ a right to hive perpetuated thenifclves Ivy Calling*into ' themfc'ves from time to rime whom they thought fir.' fo ■ that parliaments were not for that- turn only laid slide 0 blit even by that conftitntion tvliich did it,were pefpe- * tually excluded: by which it is evident that if ifrfcgs ’ w r: de-faBo blaftcdj parliamen s were the like; yea : much more, for iirtlie'aft for abolilhing it ’ . ■was ( 74 -) was treafon in thofeoriely who offered to refiore it, but byeonfent in Parliament: but in that affembly there was no fuch provilion for Parliaments ever, as hath: been faid. By their conftitution Parliaments were ex¬ cluded, and to evidence how much ftreffe there lies barely upon a legal name, that Affembly to give grea^ or Authority to their aftions, ftiled thcmfelves a Par-: lianient, as the onely name the Parliament took notice of, as the Supreme Authority oftheNation, which pub fibly may invite your Highneffe to believe that godly men and wife men think it effential to hare Titles con* fonant to our Laws : and therefore that your Highnefs in the exercife of the Suprcam Magiftracy will be the rather invited to affume the Title King, that being con? fonant, and that onely being confonant to the Law : I think all fober men agree of that Government, but for the.particular form therof, it is left to the wifdome of thofe which the peoplechufe toreprefent them, tofet upon, fuch a form as may be moft fitted to their. Genius and likelie! to prove their good and quiets .If an y can prove that Kmg{hip by the word of trod is unlawful,or that people have not power to give the Supreme Magi- ftrate what name they think beft, I fliould be.then fi- lent; butfince that power is unqueftionable in the re- prefentative of the people, and that they have defined your Highneffeto govern them by the title of Ring, andfincealfo nothing can be obje&ed againft ir, and both reafon 8c cuftome pleads for it, wc earneftly hope you will not think,fit to deny the. people that which is but their Right,8c 1 believe it was not yet deniedbyany Supreme Magiftrate to any people: to whicli may. be adi- ded,that if the King {hip ha3 been call out by any proi- videnees, your Highneffe accepting it willfhew that it is reftored at leafi by as many more' as have happened in reference thereunto, for its abfolutian to its refticu- tion. Your (. 7*0 :■ Your Highneflc did further objeft * that fome-good, men would be offended at your acceptance of that Ti-> dc. I confeffe it is veiy confiderablc, and f think ever ry judicial! perfonofthe Houfewould be very cauti¬ ous to give men under that- eharafter a juft offence* but yeur Highneflc will be pleafed to permit me-; to minde you of the clwraftcr you gave of good, men in yotir laft fpeech \ they are fuch you laid: as give obedience to Gofpel Ordinances, which requires obedience to authorities , not for fear, but for conference fake.. That you reckon no* thing of godlineffc without the circle , and that any principle which' oppofeth thus was diabolicall, and fprung from the depth of Satans wickcdneffe, you were pleafed further, to fay , that though fome good men ficrupled at that name the Parliament thought fit to affume, yet their doing fo was no part of their goodneffe; by. which it will be evident that your acceptance thereof cannot offend good men, but by their eftee ming their obedience to a Gofpel-ordi-? nance an offence, which I hope no good men will or can drt, I fhall alfo humbly befeech your Highnefs to confider,that if o» the other fide the acceptance of the Title htay offend fome good men, fo on the other fide the declining of it will give offence to the Parliament, where all good men are legallyand at once onely re- prefenttd. The cafe of David when his child was fick may poffibly parallel the cafe of fuch good: men as at? herein 1 unfatisfied; while as the child was lick [he was very 1 earned: with the Lord forthe reftoringof it to health , but God was not pleafed fo to doe 5 and the 1 Child died,, his fervants being of another prin¬ ciple then himfelf, thus reafoned, if his trouble and grief were fo great, while yet the child was not dead, . what ( 76 ) ! what will it be now it is dead; bat David reafoned thus, • while there was hope, I.wreftled with God, but fince his will is declared I chearfully fubmitto it. I hope aifcru. pulous good mens cafes in the particular of Kingjkty < is a parable to the Hiftory, fo it will likewife prove iij * the event* YourHighnefle was further pleafed to men- | tion foine confiderafioni in reference to fafety 3 to which t I humbly anfwer, the things that are offered to you art * juft in themfelves in reference to Civils and Spiritual!, f and fo acknowledged by you: that authority that ten- t tiers them is the Supreme legall authority of three greai i Nations. You have afaithfull and a good army s and! < ■we ha ve you at the bead of them ,vrhat Ihallwe then 3 feare To which I Ihall only adde } that fafcty hath been ; often in danger by the Kings and Parliaments difagreei . iiig, but thisis the firft time, (if it be in danger ) . that* ] ever it was by their agreement; to which 1 may further! ( adde 3 that whatever evil may arife from your agree! ( ment with your parliament, it will befall us in, the wajf j of our duty, which is an inward comfort to ballanct ] any outward evil 3 But if any evil happens,by your ne|, doling with your parliament, we (hall undergoc ; th« outward harm, and be denied the inward fupport.Youi j fiighnefswas pleafedtofay,you had rather have anyh name that is not given by thcm.-permic me therfore novl to fay,that to all other arguments we have, one irrefij.; , table, and that is your own engagement,for ihe parlia-j j ment doth delire and advife you to accept the name or, ■King j hitherto we have pleaded but upon the account! of your cngagement,and it is humbly hoped your High-, nels, who hath fo exaftly obferved your word to your | Work enemies, will not break it unto, your beft friends,! the parliament, ■ ; Lord L$rd Whittlocki 16 April. : CIr,I have very little to trouble yaur Highnefle with, much Hath been already fpoken, and fowell, that it will bfe hard for me or any other to undertake to add to it, only the duty o f my imployment>andfome- thing due to your Highnefle, occasions me to (peak a few words to acknowledge :with very humble thatiki, the honour and right which you have done this Com¬ mittee,by the clear and free difeourfes and conferen¬ ces which' they have had with your Highnefle, andfor your frequent expreffions arid teftimonics, ofaffeftion and refpeft to the parliament, whofe fence in this I may prefume to fpeak, that never any perfons met their Su- pream Magiftratc with more love, duty and honour* then the parliament have met your Highnefle with, in their prefent addreffes 5 which argument of love de- ferves the efteem and force, which 1 doubt not but your Highnefle will pHt upon it. I am fearful to be too tedi* otisat any time, elpecially at folate an hour, and I therefore (hall fpeak but Ihort, to fome things which ; I remember not to have been mentioned. Your High- iiefle was pleafed at the laft meeting, to fay, that the 0- Original inftitution of the Title was by common eonfent, and that the fame common eonfent might in- flitute any other Title, and make it as efte&ual as that of King : this muk be acknowledged, but withal you may be pleafed to obferve, that the Title of King is not onely by an original common eonfent, but that con? Cent alfo approved & confirmed,& the Law fitted there? i unto, and that fitted to,the Lawes, by the experience and induftry of many ages, and many hundreds pf years together j whereas any other title will be onely ^ by prefent common eonfent, without that experience (7$y ! ; and approbation for that experience which r your High- nefs mentioned to have been of ^ther'Titles , and the due admimftration of Juftice under them, this expert- 'enCe is farre fliort of the other, and for the courfe of Juftice, we have caufe to tliank(,that care which placed To good Judges and Officers ouer its ;ybt give-me leave to fay,that in pri vate caufes bet ween party and- party 'and in pubhek matters, iii nominall caufes, it was not eafle to finde'juftice to be done by fomc Jurors r and many queftions have rifen upon the occafions of theft new Titles, 1 concerning that tender point of good mensfatisfaftion? 1 think it requires a very great re¬ gard from us’, and I doubt not bur thofc good people will be fully fatisfied, if they confider the covenants, promifesj'and precepts, which in the Scripture are am next to the name of King-, and although Come have alledged, that they belongito’any chiefe Magiftrate as well as to King: yet no mart did ever read the Original word tranQated otherwife'thenKiTjgJheither do 1 find the prefent Title once mentioned in the holy Textif the prefent authority be a lawfull authority, which l hope none of us will deny, furely thofe good men, whd are fo well principled in godlinefle i will not forget that precept offubmiffion to authority, and to be Sa¬ tisfied with that which lawfull authority fhall ordain. Their Rights and Liberties are the fame with ours, and the Parliament cannot’advife any thing for the prCfervation of the peoples Rights, but thefe good men are included, which I hope will be no diflatisfa&i- sn.to them in all the changes which we have feen : jthere bath been a disfatisfaftion to Tome, yetftiil the Welling of God hath gone along through all thefe changes, with thofe ' who carried on his intereft, and the caufc. being the fame , the fame mercies jhaVc been continued) and I doubt not but if the in- vended ( 95 ) tended change, or rather reftmuion bemadc, as I hope it will, 1 doubt not but [the fame God wilt continue his blelfings to that good old caufc, wherein we are engaged ; and that good men receive fathfa&ion by it. Your Highneflc hath been told that the Title of King is upon the foundation of Law, and that a new Title mull have a conftitution to make the laws re- late unto it, and that unto the Laws. I (hall only adde this, that a Title by relation is not fo certain andfafe, as a title upon the old foundation of the Law, and that a Title upon a prefent Jingle. conJlitution, as,any new Title mull be, cannot be fo firm, as a Title both upon the prefent conflitution and upon the old fonn- daiion of the Law likewife, which the Title of King will be ; if any inconvenience Ihonld enfiie upon your ac¬ ceptance of this Title which the Parliament advifeth, your Highncffe fatisfaftion will be, that they did advife it. On the contrary parr, if inconveniency fhouidarife upon your Highnefs refufall of thisTitle which the Par¬ liament hath advifedj your burden will be the greater. And therefore whatfoever may fell out may be better anfwered by your Highneflc complying with your Par- 1 liament, then otherwife. This qpeftion is not altoge- | ther new, feme inftances have been given of the like, to which I (hall adde two or three. Thfc titles of the Kings of England, in the Realm of Ireland , wai lord ! of Ireland . And the Parliament in the 33 year of Ben. 8. reciting that inconveniences did arife there by rea- fon of that Title, did enaft that fe 8. Ihould afliime the Stile and title of Ktng of Ireland,which in the judg r I ment of this Parliament was preferred before the other. In the Stateof Kme t new Titles proved fetwll to their liberties. (80:) 'i ; Their cafe was ilot much unlike onrs,they Were wrea¬ ked with a civil War, and coining to settlement, '.Cunfttt difardwcivitibus feffa nomine frincifis^fub hnfe- ’rium dGcefityfome would not admit the Title Rsxtobe ufedjbut were contented to give the titles of Gsfarrfer- ftiuus j)i3at6r,PriHceps,SenatusJ»iperator.Nonfim Rek fed Ctfar, came aclaft to this, C £ far if fro 'left kkbebatun the Northern people were more happy a- themfelves; a private Gentleman of a noble Fa¬ mily 3 :00k up arms with his Countrymen againft a Ty¬ rant, & by the bleffing ofGod refened their native Li¬ berties,# rights of their Country from the opprdlion ©f that Tyrant. This Gentleman had the TitlcofM/rr- (haU given mito him, which continued for fome years. Afterward their Parliament, judging it keft to refunie the old title, ele&ed this Gentleman to be their Ktngfr with him was brought in the Liberty of Proteftant reli¬ gion, & the eftabliihment of the civil rights of that peo¬ ple, which have contiuued in a profperous condition ever fince unto this day. Sir I (hall make no other ap¬ plication but in. my prayers to God to direct your Highnefs and the parliament (asl hope he willj todoe that which will be nioft for his honour and. the good of his people. ■ the Letd Ftotettors Speech. April ad. 1657. I Have as well as I could confidcred the Arguments ufed by you the other day, to inforce the concluljon that refers to the name,and title that was the fubjeft matter of the debates, and conferences that have been - between us, I (hall not new fpend your time, nor my v ownmuch in repeating thofe Arguments, and in giving : an- r*o aiifwers tp them, although (indeed) I think they are but the fahie that they were formerly, oncly there were fome additional inforcements of thofe arguments by new inftanfccs, I think truly after the rate of Debate, I-may fpend your time, which I know is very preci¬ ous, and unlefle I were a fatisfied perfon: the time would fpinne out and be very unprofitably fpeht, foi it would ; I onely miift fay a word or two to that, that I think was new. What comes from the Parliament in the exercife of the Legiflative power, which is this, I underhand it to be ail exercife of the Legiflative power, and the Laws were alwaies formerly pafl this way. and that of Billswasdf a newer date I under¬ hand that, I fay, but it is faid that was, is done by the Parliament now, and limply hangs upon their Legis¬ lative, feemstobe a thing that is ex dono-, not deptre^ not a thing that is of fogood weight, and fo liroiig, as what referres from them to the Law that is already in being: I confefle there is fome argument in that that is there, but if the ftrength will be as good with¬ out it, though it comes as a gift from you, I mean as a thing that you provide for them, or elfe it will never come at home, foina fence it comes from you, it is that, that they otherwife come by, therefore i‘n a fence it is ex dono , for that helps a man to what he cannot o- therwife come by, he doth an Aft that is very near a gift, and you helping them to it, it is in a kind a gift to them; otherwife they could not have is, but if you do it /imply by your Legiflative power, the queftion is not what makes this more firm, whether the manner of the fettling of it, or the manner of your doin" of it, its alwaies as great a labour; but yet the qUeftioh lies in theaceeptionof them, who are concerned to yeildo- bedieace and Accept this, and therefore if a thing that hath for its root and foundation but your legiflative G iii in ana£fc of yours, ifl may put a but to it, I do not do fo, for 1 fay it is as good a foundation, as that other island if it be as well accepted, and that the other be leffe then truly it i$, I fhould think the better, and then all that,! fay, that is founded upon the law 1 fay all thofe arguments that are founded in the law are for it, bccaufeit bath been fi.*d, it doth agree with the law, the law knows the office, the law knows the people knows it, and the people are likelier to receive fatisfaftion that way 3 thofe have been arguments that have been already ; and truly I know nothing that I have to adde to them, and therefore I lay alfo thole arguments may ftand as we found them, and left them already ; oncly this I think truly , as it hath been faid to me, I am a- perfon that have done that that never any that wire aftually King of England refufed ; the advice of the Parliament i confefle that runnes to all, and that may be accounted a very great fault in me, and may a rife up in Judgement again!! me another time, if my cafe be not different from any mans that was in the chief command, and government of thefe Nations that ever v bitrarinefle , but 1 know this is nothing in that argument, and if it were in your thoughts to do any r.frhat king, 1 think whatfoeverit was, it would bound it,ancl limit it fufficiently; I wifh it were come to that, that no favour Ihould be fhewed to me, but that the good of thefe Nations might be confulted, as I am confident they will be by you in whatfoever you do; but I may fay this in an anfwer to that, that doth a little pinch upon me, and the more when I am told it was my duty. I think it can be no mans duty, nor obligation, butbetweenGod and himfelfe, if he be confcious of his own infirmities, difabilities, and weak- ( 85 ) weakness; and that he is’ not able perhaps to eir nounter with, ( although he may have a little faith too, for a little exercife ) I fay I do not know which way it can be imputed t© me for a fault, or laid upon me as a duty, except I meant to gripe at the Government of the Nations without a legal con- fent, which I fay I have done in times pad, upon pinciplcs of neceflky , and I promife, 1 (hall think whatever is done without authority of Parliament, in order to Settlement , will neither be very honed, nor yet that that I underftand. I think we have fought for the Liberties of the Nation, as well as for other interefts .• you will pardon me, that I fpeak thefe things in filch a way as this is, 1 may be born withall, becaufe I have not truly well born the ex¬ ercife that hath been upon me now thele three or four dayes, I have not I fay, I have told you my thoughts, and have laid them before you, you have been pleafed to give me your grounds,. and I have told you mine; and truly I doe purpofely refufe to mention thofe arguments wereufed when you were iaft here, but rather tell you, what fince I tell you lies upon my heart out of the abundance of difficulty, and trou¬ ble that lies upon me , and therefore you having ur¬ ged me,I mean offered reafons to me, and urged me with fuch grounds as did occurre to you, and having told you the laft time I met you, that the fathfa&ion of them did not reach to me, lo as wholly to con¬ vince my judgement of what was my duty: 1 have thought rather to anfvver you with telling you my griefe, and the trouble j am under; and .trite¬ ly , my intentions and purpofes they are honeft to the Nation , and (hall be by tire grace of God; and I cannot tell how upon col la terall pretences to w to cat towards things that will be deftruftive to the Liberties of this Nation: any man may give me leave to dye, and every body may give me leave to be as a dead man, when God takes away the Spirit, and Life, and activity that is neceflary for the carrying on fuch a work; and therefore I do leave the former Debates as they were, and we had them, letting you know that I have looked a lit¬ tle upon the paper, the Inftrument, I would fay in the other parts of it, and confidering that there are very many particulars in the inftrument, ibme of the general, of reference, others Ipccified, and all of weight, (let the Title be what it will be) cf weight to the concernment of the Nati¬ ons. I th : nk I may defire that tnofe may be fuch as what they be applyed to, either one thing or an¬ other , they might be fuch as the people have no catjfe, as I am confident your care and ■ faithfulnefle needs neither a fpurre, nor any admonition to that : 1 fay (reading in your order, by order of Parlia¬ ment for the Committee) that there are divers par¬ ticulars that are, that if 1 do make any fcruple of them, I fhould have the freedome with this Com¬ mittee to caft my doubts; the truth of it is, I have a paper here in my hand # that doth contain di¬ vers things, with relation to the inftrument, that I hope have a publick afpeft with them , therefore I cannot prefume but the/ will be very welcome to you, therefore I fhall defire that you will read them. 1 fhould defire if it pleafe you , that liber¬ ty (which I fubmit to your judgement, whether you think I have it or no) that I might tender thefe few things, and Fomc others that 1 have in pre¬ paration, and truly I {hall reduce them to as jtlueh freviry as! can; they are too large here, and (» 7 ) if it pleafe you tomorrow in the afternoon at three of the clock I may meet you again, and I hope we (hall come to know one anothers mindes, and (nail agree to that 5 that (hall be to the glory of God,and the good of thefc Nation*. j the lord frote^Gr s April 21.1657. My Lord , I Think you may well remember what the ifliie was of the lafl conference I had with you, and what the Stick was then, I confefle I took occafion from the order of Parliament, in which they gave you power to (peak with me, about thefe things that were in the body of that inftrument 8c defire, which you have been plcafed to fpeak with me; but that I might conferre with you about thofe particulars, and might receive fatisfaftion from you as to them, whether a good iflfue will be to all thefe affairs or no, is onely in the hands of God, that’s a great feeret, and fecrets belong to God, and things revealed to us, and fitch things are the fubjeft matter of this inftrument of yours, and. arc,as farre as they may have relation to me, that you and I may confider, what may be for publick good, thatfo they may receive fuch an impreffion as can hu¬ manely be given to them. I ffiould be well under- ' (food, and that I fay the former debates and confe¬ rences have been upon the title, and that l efts as it did, feeing that as I laid before, your order of Com¬ mitment, doth as well reach to the particular^ ,donr tained in the inftrument, as to that of the Title, I did offer to you that 1 (hould defire to fpeak with! you ( 88 ) Handing one vyith another not what the thing is in parts, but what it is in the whole eonduceable to , that end, that we ought to aime at, which is a geiie- rall fettlement upon good foundation; as truely, as I have often faid even to the Parliament it felf, when they had the honour to me, to meet me in the Eanqueting-houfe, fo mull I fay to you , that arc a Committee, a very confiderable reprefentation of them, that I am hugely taken with the word fettlement, with the thing and with the notion of it, I think he is not worthy to live in England that is not; no, I will doe my part fo farre as I am able, to expell that man out of the Nation; that doth not of that in the Generali to come to a fettlement, becaufe indeed it is the great rnifery and unhappinefle of a Nation to be without it; and it is like a houfe, and fo much worfe then a houfe divided againft it felf, it cannot Hand with¬ out fettlement; and therefore I hope we are all Co farre at a good point, and the fpirit of the Nation, ] hope in the generality ofit, is fo farre at a good point, we are all contending for a fettlement, that’s lure; but the queftion is de mtda, and of thofe things that will make it a good one if it were pofli- ble: that’s no fault to aim at perfeftion in fettlement, truly 1 have faid, and I fay it again, that I think that thattends to the making of the Nation, to enjoy the things we have declared for, and I would come upon that ifliie with all pien pr any man; the things we have declared, that have been the ground of our quarrelling and fighting all along, is that will accomplifh the ge¬ neral! work, fettleniiiit is the generall work, now that which will give the Nation to enjoy their ci¬ vil and Religious liberties, that will conferve the li¬ berty of every man, and not to rob any man cf what is juftly his, I think thofe two things make up fettlement; ( 89 ) I am fare they acquit us before God and man,who hare endeavoured as we have done, through fome ftream- ings of blood to attain that end, if ! may tell you my experiences in this bufinefle, and offend no good man that Loves the publick before that which is perfonall, truly I ihall a little fhortly recapitulate to you what my obfervations, and indeavours and in ter eft hath been to this end, and I hope no man that hath been interreft- ed in tranfaftions all a long, will blame meiflfpeaka little plainly, and he (hall have no caufe to blame me becaufe 1 will take my felf into the number of culpa¬ ble perfons,- if there be any fuch, though perhaps apt enough out of the felf love I have, to be w illing to be innocent,where I am fo,and yet to be as willing to take my reproach, if any body will lay it upon me where I am culpable; & truly I have through the providence of God, endeavoured to difeharge a poor duty, having had as I conceive a clear call to the llation 1 have afted in'all thefe affairs, and I believe very many are fuffi- ciently fatished in that, I (hail not go about to fay any thing to clear it to you, but muft cxercife my (elfin a little fhort Chronology to come; to that 1 fay is really all our bufinefsat this time,and the bufinefs of this Na¬ tion to come upon clear grounds; and to confider the providence of God, how they have led us hither un¬ to. After it pleated God to put an end to the war of this Nation, a finall end which was done at Worfter in the determination and deceflion that was there by the hand of God, for other war we have had none,that per¬ haps deferves the name of war, fince that time, which is now fix years in September,! came up to the Parliament that then was, and truely I found the Parliament, as I thought very difpofed, to put a good iffuc to all. thofe tranfaftions that had been in the Nation,and ! re.joyeed at it, and thought I had not been well skilled in Parlia- men~ mentary affairs, having been neer ten years in the field, yet in my poor meafure my dcfires did tend to feme ifliie, believing verily that all the blood that had been filed, and alkhediftemperthat God hadfuffered to be amongft us, and in feme fence God hath railed amongft ns, that furely fighting was not the end, but the means that had an end, and was in order to fomewhat; truly it was then, I thought fettlement.that is that men might come tofome confiftancies, & to that end I did endea¬ vour to adde my mite, which was no more then the in- terefts of any one Member that was there, after I was returned again to that capacity, and I did, ‘1 ftall tell you no fable, but the things that divers perfons here can tell, whether 1 fay trueor no .• I didindeavour it, I would make the beft interpretation of this, but yet this is truth, and nothing of difeovery on my part, but that which every body knows to be true, that the Parliament having done thefa memorable things, than they had done thing* of honour, and things of necefii- ty, things that if at this day you have any judgement, that there lyeth a poflibility upon you to do any good, to bring this Nation to any foot of fcttlemcnt, I may fay you are all along beholding to them in a good meafure, but truly as men that contend for publick intereft are not like to have the applaufe of all men, nor juftification from all hands; foit was with : them, and truly when they had made preparation that might lead to the, ifliiing in fome good for the fet- tlcmenc of thefc Nations in point of Liberty and frcc- dome, from Tyranny andOppreffion,from the hazard of our Religion, to throw it atvayuponme thatde- figned by innovations to introduce Popery, and by complying with fome Nations introduce arbritrarinefs upon a eivil account, why they had more enemies then friends, they hadfo all along, and this made them oo them careful out of principals of nature, that : doe fometimes fuggeft belt, and upon the moft unde¬ niable grounds , they did think that it was not fit for them prefently to goeand throw thcmfclves , and all this caufc into hands that perhaps had no heart nor principle with them to accomplifli the end that they aimed at, I fay perhaps through infirmity, they did "define to have continued themfelvcs and to have perpetuated therafelves upon that Aft which was per¬ haps juftly enough obtained, and neceflarily enough obtained, when they did get it from the King*, though truly it was good in the firft obtaining of it, yet it was by moft men, who had ventured their lives in this caufc, judged net fit to be perpetuated, but rather a thing that was to have an end, when;,it had finished it’s eourfe, which was certainly the true way of it; in the fubferviency to.the bringing in , that which might be a good and honeft fettle- ment to the Nation; I muft fay to you that I found them very willing to perpetuatG therafelves, and truly this is not a thing of refleftion upon all, for perhaps fome were not fo, I can fay f© of fonie of them, the fober men that I had converfe with, they would not have, but I think the major part did over rule, in that they would have continued; this is true that I fay to you, I was intreated to it, and advifed to it, and was by this Medium to have ac- eomplifht it, that is, to have fent into the Country to have reinforced their number, and by new Ele- ftionsto have filled them up, and this excufe it had, it would not be againftthe Liberty of the people, nor againft the fucceflion of men to come into rule and Go¬ vernment, becaufe as men dyed out of the houfe fa they fhould be fupplyed, and this was- the b«ft an- fvyer could be given to that objaftion that was then, made ( 9 * ) made, that the beft way to govern, is to have men fuc- ceflive, and in fueh great bodies as Parliaments, to have mento laarn to know, howto obey as well as to govern, 8c truly the beft expediment that we had then was, thatl tell you, the truth of it is, this did notfatisfie a company of poor men, that had thought they bad re¬ turned their lives, and had fome thoughts, that they had a little intcreft to enquire after thefe things,and the rather becaufe really they were invited out, upon prin¬ ciples ofhonefty, confidence and religion, for fpi ritual liberties, as many as would come, where the caufewas n little doubtful, there was a declaration that was very inviting, and men did come in upon that invitation, & did thereby think themfelves not to be mercenary men, but men that had wives and children in the Nation,and therefore might a little look afeera fatisfa&ion in what would be the iflue of the bufinefle, and when this thing; was thuspreft, and it may be over preft, that a period might be put, and that, that might be aflertainsd, and a time fixt, why truly, then the extremity ran another way, this is very true that I tell you, though it (hame me, I do not fay it (hames all that were of rhe Houfe, for I know all were not of that mind, why truely when this was urged, then another extremity; what was that 1 why truly then it was feeing a Parliament might not be perpetual, the Parliament might alwaies be fitting,& that end was, there a bill framed, that Parliaments might be alwaies fitting, that as foon as one Parlia¬ ment went out of their place, another might leap in, 8c when we faw this; truly we thought we did but make a chance in pretence, and did not remedy the thing,and thereupon that waspurfued with that great heat, 1 dare fay there was more progrefs in it in a month, then was with the like bufineffc in four, to haften it to an ifliie; that fuch a Parliament might be brought in, and would bring («■) bring the ftate of the Nation into a continuall fitting of Parliaments.-we did think,who are plain men,8c I think" it ftill, that that hath been according to the foolifh pro¬ verb, out of the frying pan into the fire, for looking at the Government, they would then have, it was Com¬ monwealths Government,why?weffiould have had fine work then,we fhmiM have had a Council of State, and a Parliament of 400 men,executing arbitrary govern¬ ment without intcrmifijon faving of one company, one parliament ftepping into the feat of another, while they left them warm,the fame day that one left,the other was to leap in , truly I did think, and I do think , however fame are very much enamoured with that kind of Go¬ vernment,why it was no more but this, that Commit¬ tees of Parliament fhould take upon them,8c be in ftead ofthe Courts of VVeftminfter, perhaps fome will think there had been no hurt in that arbitrarinefs in Com¬ mittees, where a man can neither come to prove nor defend, nor to know his Judges, becaufe there arc one fort of men thatjudge him to day, and another fort of men to morrow, this fhould have been the Law of England, 8c this fhould have been the way of judgeing -this Nation,and truly 1 thought that,that was an ill way of judging, for I may fay to you with truth to that,after it pleafed God your poor Army thofe poor contempta* ble men came up hither,it was fo,an outcry here in this place to fee a caufehere, determined and judged, and Committees erefted to fetch men from the excreameft parts of the Nation to London to attend the Commit¬ tees to determin all things& without any manner of fa- tisfaftion,whether a man travil never fo right,or wrong he muft come, and he muft go back again as wife as he came, this truly was the cafe and our condition, and truly I mud needs fay, take all in that was in the practi¬ ces, Iamforry to tell the dory of it, though there was indeed ( 94 ) indeed fome necelfity of bufinefs, a neceffity of fomi Committees to look to indemnity* but no liecefEcy o Committees indeed of Courts of Juftice, but it was fo 8c this was the cafe of the people of England at that time & that the Parliament affuming to it felfe the authority of the three tftates that were before, it was fo affuminii that authority,& if any man-would have dome and fail 1 what are the rules you judge by,why we have none bit we are fupream in legiflatnre,Se in judicature, this wa; the date of the cafe, & 1 thought,& we though t,& I thin! fo ftillf that this was a pittiful remedy, and it will be fi while & whenfoever a lcgiflat ure is perpetually cxerci ; fed,when the legiflative & and the executive powers an alwaies the fame, & truly I think the legiflature, woulc be almod as wel in the four Courts of Weftminder-Hall and if they could make Laws and Jadgcs too, yor would have excellent Laws, and the lawyers would hi able to give excellent councel, and fo it was then: thi was our condition without fcruple and doubt, and fnall fay no more to it, but teuly it wai offered chei trulie,and honedly, and defire,and begge that we migli: have a fettlement, and that now is here that is propofl a fetderaent;rt was defired then,it was offered 8c defired that the Parliament would be pleafed either of theii own number, or any elfc to chide a certain number oi men to fettle the nation,this is unfettlement, this is con- fufionffor give me leave if any body now have the fact to fay, and I would dye upon this, if any man in Eng Iml have the impudence or the face to fay, that the ex¬ ceptions of the parliament was the fear of their hafty throwing of the liberties of the people of God, and the Nation into a bare reprefentativc of the people, whicli was then the bufinefs we oppofed, if any mnn have the face to fay it now, that did then, or I will fay. more ought then to judge it had been* confounding of the ! . ( 95 ) whole caufe, that we had fought for, which was,T would look upon that mans face, I would be glad to fee fueh a man, I doc not fay there is any fuch here, but if any ! fuch fliould come to me, fee if I would not look upon ; him and tell him he is an hypocrite. 1 dare fay it, and |i 1 dare to dye for it, knowing the fpirit that hath been : in fome men to me, they come and tell me they do not ~ like my being PrdteBor. Why do you not, why? bccaufe you will exercifc arbitrary Government, why what I would you have me to do, pray turn Gentlemen all a- : gain, and we will like you exceeding well, I was a child ; in it’s fwadlings clouts, I cannot tranfgrcffe by the Go¬ vernment,! can do nothing but in ordination with the counfellj they feared arbitrary Government by me up¬ on that account, bnt if returned to be General, then they were not affraid of Arbitrary Government; fuch as | thefeare,fuch hipocrilies as thefe are, fhould they eutcr ! into the heart of any man that hath any truth or ho¬ is afty in him, and truly that is our cafe, and finding our cafe to be thus, we did prefs the Parliament as I told you,that they would be pleafed to feledt fome worthy,- perfons,that had loved this caufe & the liberties of Eng- hndfc the intereft of it; 8c we told them,we would ae- quiefs & lyeac their feet,but to be thrown into Parlia¬ ments, that fliould fit perpetually, though but for three years they had the experience of. The experience of which many remain to this day to give fatisfaftion toheneft andfober men, why truly we thought it might fatisfie but, it did not, and there¬ upon we did think that it was the greateft of dan¬ gers, to be overwhelmed and brought under a flave- i ry by our ©wn sonfent, and iniquity to become a law; : and there was our ground we afted upon at that time, , and truly they had perfected the bill for perpetuating i of Parliaments to the laft claufe, and were refolyed to CpO pafle it as a bill in paper, rather then comply with any expediuit, if ) our own expedience addeany thing to you in this, in this point, whether or no in cafes civil and criminal; if a Parliament fhould aflume an abfo- lute power, without any controle, to determine the ill- terefts of men in property,& liberty, whether or no this be defirable in a Nationifyou have any fenced as I be¬ lieve you have, you have more then I have. I believe you will take it for a mercy that, that did not befal [England at that time, and thas’s all I will fay of it,truly I will now eomeanc 1 tell you a ftory of my own weak- neffe and folly, and yet it was done in my fimplicity, I dare a vow it was, and though fomcof my compa¬ nions and truely this is a llory, that would not be re¬ corded a ftory, that would not be told, but when good ufe may be made of it- I fay it was thought then, that men of your judgement, that had fought in thewars,& were all of a piece upon that account, why furely thefe men hit it, and them men will do it to the purpofe whatever can be defired, truely we did think, and I did think fo, the more to blame of, and (ueha company of men were chofc and did proceed in aftion, & tru¬ ly this was the naked Jtruth, that the ilTue was not an- fwerable to the fimplicity and honefty of the defigne, what the iftfue of that meeting would have been, .and was feared, upon which the fober man of that meeting did withdraw, and came and returned my power as far as they could, they did actually the greater part of them into my own hands, profefling and believing that theifliie of that meeting would have been the fub- verfion of your Laws, and of all the liberties of this Na¬ tion, the defti uftion of the Minifters of this Nation. Io a word, the confufion of all things and inftead of order, to fet up the judicial Law of Mofes, in abrogation of all our adrainiftrations, to have been adminiftred the ( 97 ) Judici^tl Law of Mo/es, pro bis & nunc, according to the wifdomeof any man that would have interpreted the Text, this way or that way, and if you do riot believe that they were lent home by the major part» who were judicious and foberand learned> the worft upon this ac* count and with my confent alfo apartepojl. You will be» lieve nothing, for the perfons that lead in the meeting where Mr. Veakemd his meeting in Blackfryersj Major ■Generali Harrifon, and thofe that afTociated with him at one Mr, Squibbs Houfe,and there were all the refolu* tions taken that were a&ed in that Houfe day by day* and thi* was fo de fatto , I know it to betru'ej and that this mull be the produft of it, I do but appeal to that Book,I told you of the other day,that all Magiftracy & Minifteryis Antichriftian, & therefore all thefe things ought to be abolifhed, which we are certain muft have been the iflue of that meeting, fo that you have been delivered if I think right, from two evils j the one e* vil a iecular evil, that would have fwallowed up all re¬ ligious and civil intereft, and made us under the hor- rideft arbitrarinefs that ever was exercifed in the world, that we might have had five or fix hundred friends, with their friends to have had a judgement of all caufes, and to have judged without a rule, thinking that .the power that fwallowed up all the other lawfull powers intheNation, hath all the power that ever they had* both alegiflativeand judiciarie, I fay that which fwal* lows both the Civil and Religious intereft. And the other meerly under a fpirituall intereft, had fwal¬ lowed up again in another extreme, all our Civil and Religious intereft and had made our Miniftry, and all the things we are beholding to God for; truely, wethink we ought to value this intereft, above all in* terefts in the world , but if this latter had not Been asfure deftroyed as the former, I underftand nothing, H and andhaving told you thefe two things, triiely I mult needs fay, it makes me in love with this Paper, and with all things in it, and with thde additions, that I have to tender to you, and with fcttlement above all thingsdnthe world, except that where I left you the -lafttime, and for that 1 think we have debated: I have heard your mind, and you have heard mine, I have told you my heart and my judgement, 3 nd the Lord bring forth his own ilftie, I think we are now to confider not what we are on the foot, and of the Government that called this Parliament, which till there he an end put to it, is that that hath exigence, and I fhall lay nothing to that, if that ac- complifheth the end of our fighting, and all thole bkffed and good ends that we (hould aim at, if it do, .1 would we might have that, and remain where we are, if it doth not, I would we might have that winch is better, which Trudy I now come out of my fell' to tell you, that as to the fubftance and body of your in* ilrument I do look upon it as having things in it (if I may fpeak freely and plainly )1 may, and we all may,I lay the things that are provided for in thisGovernment have the Liberties of the people of God, io-astheyne* ver hadit,andhe muftbe apirtifuli man that thinks the people of God ever had that Liberty, either Defafto, or dejure, that is to fay, dejure , from God; I think they- 'have had it from the beginning of the world to this day , and have it ffill aflerted by a jus bu- ■manum 5 I fay they never had it fo , as they have it now, and I think you have provided for the li¬ berty of the people of God & of the Nation, and I fay hefings fwectlythatfings aSong of reconciliation be¬ twixt thefe two interefts, ana it is a pittifuil fancy, and wiiccme, and ignorance to think they are inconfift. tm, and may ceimfl, and I ipesk my- conscience .in ' t this ( 99 ) this Government , I think you have made ?o con- fid: ,* and therefore I mull fay in that and in other things you have provided well, that y.ou have ; and becaufs I fee the root of the Parliament gives you leave to fpeak with me about the particulars? I think the Par* liamenc doth think , that any member they have is not to be negle&edin offering of any thing that may be of additional! good , and upon that accompt I having a little furveyed the inftrument , I have a pa¬ per here to offer to you upon chat accompt, and mi- lie I mufi: need, fay and think, that in fuchacafe as this where fo new a work, and fo ft range a work as this that is before you , it will not be thought ill of. I doe with a little earneflneffe prefle to you fome explamU tions in fome that may. help to contemplate , and leave me ; for it is onelie handled with me , this • trania&ion is onely handled with me at this time which you and the Parliament, whom you reprefent. I fay I would be glad that you might leave me and all oppofers without excufe , as well as that I-could with that you fhould fettle this Nation to the utter- moft good of it , in all things I have to offer to you , they are not verie weigbcie , they may tend to the complexion of the bufineffe , and there¬ fore I fhill take the freedome to read them td you. _ in the fourth Article and lecond Paragraph you have fomething under that head chat refpe&s the caL iing of Members to Parliament, you would not ex r elude thole that (were under Duke Hamilton) made that Invafion , becaufe it hath beenfaid to you perhaps.> that if you exclude all, you (hall haverio Members from Scotland, I hope there be perfons of that Nation] that \vill be ready to give a better teftimoriy ofiheir Country then to admit of that argument, and I h'oo'e C ioo) it is hone, but if it be one, then trulie to meet with the lead upon that certaintie of the qualifications, you fhould indeed exclude men of your own Country perhaps upon better crimes , and hold them of upon ftri&er Chara&ers ; it is thought that that qualifica¬ tion, that faith, that the teftimonie that they (hall have, that they are men that have given goodteflimonyin rheir Pea¬ ceable and quiet living , why trulie for divers years ;; they have not been willing to doe other, they have nor had an eafiepoffibility to doeotherwife , to live unquiet iy, though perhaps have been the fame men manic of them? though I know manic of them arc good men , worthie men , and therefore whether it be not fit , in that place to explain fomewhat elfe , and put fume other Character upon it , that may be accounted a good te- flimohie, of other being , otherwife minded , and of their being of another judgement , I con'fefs .1 have not anie thing here to fupplie it with , but certainly if it fhould be fo , as it is in your article , though they be never fo indifpofed and enemies and remain fo , yet if they have lived peaceably , where they could neither will nor chule , they are to be ad¬ mitted ; I orielie tell you fo , being without anie amendment f6r it , and when I have done I (hall offer the J whole to you , this is the fecond Para¬ graph.. .. In the third Paragraph of the fame Article , whereas it is faid that the perfons in Ireland be made uneatable , to elett or be.elecied , that be c ore the firft of March 1649. haite borne Arnes for the Parliament , or otherwife given teJUnmy of their good affections, and continued faithfull td the Parliament , and are fince revolted , whether it be not neceffatie that it be more clearly expreft , it feeming to capacitate all thofe who have revolted from the Parliament , if they have born armes for the State before C toi) before the firft of March i 5 49. it feems to reflore them, but iffince then they have revolted;, as manie I doubt of our English Irish have done , why then the queftionis, whether thefe men , who have lately been angry, and fled to armes, whether you will think their having borne armes formerly on the P aaliaments fide , fllouldbean exemption to them, that is but tendered, to you that fome worthy perfon here will give an anfwer unto. In the fifth Paragraph of the fame Article you have^ incapacitated publick Preachers, from fitting in Par¬ liament, andtrulicl think that your intention is fudv as have paftorall funftion , fuch as are actually and; reall Minifters, for I rauft % to you in the behalf 0/ ourArmie, in their next place to their fighting, they have been verie good Preachers , and IIhould.be for- ry they fliould be excluded from ferving the Com¬ monwealth , becaufe they have been accuftomed to preach to their Troops, Companies, and Regiments, which I think have been one of the beft bleffings upon them , to the carrying on of the great work. I think you doe not mean fo > but I tender it to you , that if you think fit there may be a confi- deration had of it > there may be fome of ys > it may be, that have been a little guilty of that , that would be loath to be excluded from fitting in Parlia¬ ment. In ahe fame Paragraph there is care taken for the nominating Commiftioners to try the Member? which are chofen to fit in Parliament , apd,tryli.e thole ■ Commiffioners are uncertain perfons ,,apd itjs hard to fay what may happen , I hope they \vilf be alwaies good men , but if they fhoyld be bad , then per¬ haps they will keep out good men : befides we think, irulie if you will give us leave to help , as to the H 5 free- *■ ( 102 ) ireedome of the Parliament , it will be fomething that willgoe rather harfhly down , then otherwife', verie manie rcafons might be given , but I doe but tender it to you , I think if there be no Commiffio- ners , it would be never a whit the worfe , but if you make qualifications , if anie man will prefeme to fit without thofe qualifications you may deal without them 5 A man without qualifications fitting there , is as if he be not chofe , and if he fit with¬ out being chofen and fb without a qualification, J am fiure the old cuftome was to fend him to the Tower, to imprifon fuch a one , if anie one fit there, that have not right to fit there , if anie Granger Come in upon his pretended Title of eledtion , then perhaps it was a different cafe, if anie fit thereupon pretence of a qualification upon him , you may lend him to prifon without anie more adoe j whether you think fit to do fo or no , it is Parliamentary bu- iinefs., I doe but hint to you , I believe if anie man had fat in former Parliaments , that had not taken the oathes preferibed , it would have been a fault enough, &c. I believe fomething of that kind, would be equivalent to anie other way , if not bet¬ ter. In that Article which I think is the fifth Arti¬ cle , which concerns the nomination of the other Houfe, in'the beginning of that Article , it is that the Houfe is to be nominated as you defigne it, and the approbation is to be from this Houfe , I Would fay to be from the Parliament, it is fo ; but (then now , if anie fhail be fubfequently named $fter this Houfe is fat , upon anie accidentall re- pao.vall or death, you doe not fay , though it feeins to refer to the fame that the fir it eledion doth , yet |t doth not- refer clearly to this 3 that the nomina¬ tion C i°.<) tion fhall be, where it was in the chief Officer, and the approbation of the other Houfe, if I do ex- prefle it clearly that you will pardon me in,but 1 think that b the aim of f, it is not clearly expreft there as I think you will be able to judge whether it be or no. In they. Article that which concerns.the revenue, that is the revenue that you have appointed to the Go¬ vernment, which you have diflributed 500000 1, of it to the maintenance of the civil authority 1000000 1. to be dillributed to the maintenance of your For¬ ces by Sea and Land, you have indeed laid it in your inUrument, and we cannot doubt of it, but yet you have not made it certain, nor yet thofe temporary fupplies which arc intended for the peace and fifety of the Nations. It is defired that: you w^ill take it into your thoughts , and make both thofe cer¬ tain , both as to the iumme and time, that thofe fupplyes (hall be continued , and truely I hope T do noc curry favour with you, but it is defired , and I may very reafonablv delire it , that thefe monies whatever they are, that they may not if God fhall bring me to any inieref: in rhis bufineffe, which lyecla in his own power, that thefe moneys may not be i(Tiled out, by the authority of the chief Magiifrate , but by the advice of his Councel, feeing you have in your inftrument made a coor¬ dination in generall termes , that this might be a refervtd thing , that the moneys might not-be diftributed , it will be a fafety to whomfoever i$ your luoreme Magiftrate , as well 'as, fecurity to the publick , that the monyes might be iffued out by. the advice of the Gouncell , and 1 that the Treafurers that receive this money, may be ac- . H 4 coun. ( 104 ) countable every Parliament within a Certain time limited by. your felves every new Parliament tbeTreafurer may be accountable to the Parliament for the difpofing of the Treafury, and there is men¬ tion made of the judges in the 9. Article. It is men¬ tioned that the Officers of State, and the judges are to be chofen by the approbation of the Parliament, if there be no Parliament fitting, if there be never (b great a Ioffe of judges it cannot be fupplied, and whether vou do not intend, that it fhould be by the choice with the confent of the Counfell in the inter- >a 1 !sof Farlfament to be afterwards approved by Par¬ liament. The ij. Article relates to fc-verall qualifications, that perfons muff be qualified with , that are put into places of publick office and truft, now if men {hall ftep'into publick places and truft , that are not io qualified they may execute it , an office of truft is a very large word, it goeth to almoft a Conftable, if not altogether, it goeth far. now if any (hall come that are not fo qualified, they certainly do commit a breach upon your rule, and whether you will not think in this cafe, that if any (hall take upon them an office of truft, that a penalty fhall be put upon them where jie is excepted, bythegenerall rule whether you will not think it fitting that refped to deterre men from accepting of offices and places of truft contrary to that Article ; the next is fetcht in fome refpe&s I may fay by head & fhoulders in your inftrument,yet in fome re« fpe& 'it hath affinity with it, I may fay I think is within your order upon this account,I am fure of it, there is a : mention in th'e.laft part of your inftrument, of our purpofe to do many good things, I am confident not like the Gentlemen that made his laft will, and fet down (ioj) a great number of the names of menj that fliould re¬ ceive benefit by him, and there was no fum at the latter endj I am confident you are refolved to deal effe&ual- lyin the thing at the latter end, and I fliould wrong my own confidence, if I fliould think otherwise: I hope you will think fincerely as before God, that the laws maybe regulated : I hope you will. We have been often talking of them, and I remembred well at the old Par¬ liament, that we were three months, and could not get over the word incumbrances,and then we thought there was little hope of regulating of the law, when there was fuch a difficulty as that, but furely the laws need be regulated, and I muft needs fay, I think it is a Sacri¬ fice acceptable to God upon many accounts; and lam perfwaded, it is one thing that God looks for and would have, I confeffe, if any man would ask me,why, how would you have it done ? I confeffe 1 do not know how, but I think verily at the leaft,the delayes in fuites, and the exceffiveneffe in fees, and the coftlineffe of fuites, and thofe various things, that I do not know what names they bear, I beard talk of demurrers, and fuch like things whichlfcarce know; but I fay certain¬ ly, that the people are greatly fuffering in this refpeft, they, are fo; and truely, if all this whole bufineffe of fettlement, whatfoevertheiffueof it (hall be, it comes,’ as I am perfwaded that it doth, as a thing that would pleafe God by a Sacrifice in, or rather as an ex*' preffion of «ur thankfulneffe to God I am perfwaded that this will be one thing that will'be ffpon your hearts,to do fomething that is honourable and effe&a. all in it, that truely I fay, that it is not in your inftru- : ment in fomewhat that relates to the reformation of manners; you will pardon me my fellow fouldiers that were raifed upon that juft occafion of the ihfurre&ion, not onely to fecure the peace of the Nation, but t 0 f ee that •(t°0 that perfons that were leaft likely, to help ,on peace or continue it, but rather-to break? diiToIute and -oofe perfons, tha: can go.up and down from houfe to houfe, and they are.Gentlemens Tonnes that have nothin'? to ‘ live on,and cannot.be fappiied to live to the profit o.f the Commonwealth, which I think had a good courie taken with them, and I think that which was done- to them was honourable, and honefi.iy, and profitably done; and for my own part>I muf: reeds Tty, tt fh.wed the diflfolu tenefTe which- wa"- then in the-Nation, as in¬ deed it fprings moil from that part of tire Cavaliers, fhoiild ihar parry run on, and no cat c to be .-aken to re¬ form the Nation,to prevent pc-rhap-. -abmcv that will not fall under this confiderarion? we car. ien.d cliiidren- into France, before they know God org- vl manners, and return with al’the licentiousiieiTe.of iha: Nation; neither care taken to educate them before they go, nor to keep them in good order when they come borne; indeed this makes ihe Nation, which not onely com¬ mitting thofe abominable things, mo ft inhumane things amongft us, but hardens men tojuftine thofe things: and the Apoftle faith, notonelyto do wicked¬ ly themfelves, but take pleafurein them that do fb ; and truely, if fomethmg be not done in this kind, without ipaiing that condition of men, without lpa* ring mens fonnes, though they be noble mens formes, let them be who they will is deboift, it is for the glory of God that nothing of outward conlideration fhould fave them in their dcbaucher , from a juft pu- nifhment and reformation $ and rrudy, 1 mult needs fay it, I would as much bldle God to fee lb me thing done, as to that heartily., upon this account, notonelyto thofe perlons mentioned, but to all the Nation, that fome courfe might be taken for refor¬ mation,, that there might be fome flop put tofucha currant ( 107 ) currant of wickednefTe and evil as that is ; and truely, to doe it heartily, and nobly, and worthily : the Nobi¬ lity of this Nation efpecially, and the Gentry will have caufe to bleiTe you , and likeivife that Tome care might be taken , that thofe good lawes already made, for the punifhing of vice , may be effectually put in execu¬ tion. This mull; I needs fay of our Major Generalls that doe you f'ervice, I think it was an excellent good thing , Iprofefiel doe , and I hope you will not think it unworthy of you , that when you have feen that, though you have good againft the common coun¬ trey diforders, that are every where , who inhere to execute them : really , a juftice of Peace , (hall from the mod: be wondred at, as anOwle, if he goe but one frep out of the ordinary courfe of his fellow Iu- ilices , in-the reformation ofthele things, and there¬ fore I hope may reprefent that to you , as a thing worthy of your conlideration , that fomething may be found out to fupprefle fuch things. Iamperfwa- ded you would glorifie God in it , as much as by any one thing you can doe , and fo I think you will pardon me. I cannot tell in this Article that I am now to (peak unto , whether I fpeak to any thing or nothing : There is a defire that the pubiick Reve¬ nue be not alienated, but by the confent oi the Par¬ liament , I doubt pubiick Revenue is like encodes Libertatis Anglu , that is a notion onely ? and not to be found as I know of; but if chere be any, and Godbleffeus in our {ettlemenc, there will 1 pubiick Revenue accurring, and whetheryou willfTibjeCt this to any alienation without the confent of the Parliament, is that which is offered to you ; truely this thing thac I have further to offer to you , it is the laft in this paper, and it is a thing that is mentioned in the t.^.Ar- iicle, that you would have rhofe Adis and Ordinances (io8) that have been made fince the late troubles during the time of them,that they fhould if they be contrary to this -advice, that they fhould remain in fueh force, in fuch manner, as if this advice had not been given} why that that is doubted , is whether, or no this will be fufficient to keep things in a fettled condition , becaufe it is but an implication, it is not determined, but you doe pafle by the thing without fuch a foundation as will keep thofe people which are now in poffeffion ofEftates up- .on this account, that their Titles may bequeftioned& •fhakcn,if that be not explained;and truely I believe you intend very fully in this bufinefs,if the words alreadydc not fuffice, that I fiibmit to your own advifement, but there i> in this a verie great conlideracioqthere hath •been fince the Government feverall Ads, and ordinan* - ces, that have been made by the exercife cf that legifla- tive power, that was exercifedfince we undertook this Governmentjand I think your inftrument /peaks a little more faintly to thefe, and dubioufly then to the other ; and truely I will not make Apologie for any thing, but furely two perfons , two forts ot men will be meerly concern’d upon this account; that is, they that are exer- cifed , and the perfons who are the objefts of that exer¬ cife , it diffettlcs them wholly , jfyoubenotclearin your expreffions in this bufine/Te, it will diffettle us ve¬ ry much to think that the Parliament,that doth not ap¬ prove well ofwhat hath been done upon a true ground ofnectflitie, as farreasithathfaved this Nation from running into totall arbitrarinelfe , orfubje# it to any fortof men that would perhaps doe fo. Wethink we have in that thing deferved well ofthe State, if any man will ask me, but ah Sir, what have you done fince ? why •ah , as I will confeffe my fault wherel ana guilty , fol think taking the things as they were, I think we did the Common wealth fervice, and we have in that made great ( * 0 ?) fettlements, that have we, we have fctrled almoft all the whole affairs in Inland) the rights andinterefts of the foultiiers there, and of the planters and adventurers; and truelywe have fettled very lr.uch’of the bufineffe of the Miniftry, and 1 could w.llh thatthat.be not to fecure the grave men, I wifh it be not, but I mult needs fay, if I hnye any thing to rcjoyce before the Lord in this world, as Laving done .any good, or fcrvice,I can fay it from my heart 5 and I know lfnythe truth, that it hath been,let any man fay what lie will to the Contrary, he will give me leave to enjoy my own opinion in it, and confidence, and heart, & dare bear my tcliimony to it,there hath not been fuefa a fervice to £»g/ur here is fome-.vhat chat is indeed exceedingly yaftmy unde-(landing, fori have as little skill in Arirhmecick a^I havein theLawjthere i great fumms,iriswell i I can count them to you. The prefent charge of the forces both by fea and iand, inclu¬ ding the Government, will be 2446989/. the whole prefent Rcvc- nuein England, Scotland, and Ireland , is about 1900000/. I think this was reckoned at tne mod, as now the Revenue (lands: Why now toward t his, you fettle by your inftrument t; 00000 1 . for the Government, and upon that accomptto maintain the f rc. byfea and land, and t is without land Taxe I think, and t .is i - fhort of the Revenue, that now may be raifed by the Government, 600.00 1 . beraufeyou fee the prefent Government is 1900000 1 . & the whole fuwme which may now be raifed, comes of the prefent chage 542689, and although an end ihouldbeput to the Spanifi War, yet there will be a neceffity of the prefevvstion of the Peace of the 1 three Nations, to keep up the prefc t eftabiifhed Army in England, Scotland, and Ireland, nndaifoa confiderable Fleet for fomegood time, until! it fVial! cleafe God, to quiet, and compote mens minds, "and brir.g the Nationto fomebetter confiftency, fo thatcorJIde- ' ring the pay of the r .y,coming to upwards 1100000/ ferannv.m, and the Gov. runic nt 300000/ it will be necefi'aty, that for. fome convenient time, feeing you find things as you doe, and it is not good to think a wound healed b-fore it be j that there fhould berate fed over and above tj 00000/.the fummeof 600000 /. per annum, •which makes up the fumrre of 1900000/i that likewiferhe Parlia¬ ment declare how far they will carry on the SpanijhWzt. and for What time, and what farther, fumme- they will raife for the carry¬ ing (nO ing on the fame, arid for what time , and if thefe things be notaifer- tained , as one faith , money is the ciufe certainly , what ever' the caufe is,if money be warning, the kmUncfle will fall to the ground'. St¬ all our labour will be loftjtmd therefore I hope you will have a care of our undertakings. ' ' And having wceived exprdlions from youjthat we may believe,we U?cd not offer mefc rhino-, to you 3 that chefe things will be cared forjSe '.thefe things have ail of'hem been made overture of ro you , and are brio re you,and fo have likrwile the confideration of the debtSjWhich ttv.lv l tlimk are apparent, and fo I have done , that I have to offer you ; I think I have truly for my part j and when I {hall underhand where.it cw.1 me ro doe further > and whenllhall underhand your pleaiure in thefe rhiiivs a little further, we have anfwered theorderof Parliament,in conud'tmig and debating of thefe things,that were this fubjvft matter ofd--ba:e and coniideranon,& wren you will be plea- fed to let me here r.irr.ier cl vour nioug'ns in thefe things ,theh I fup- pofe , lfhali Bern a condition ro ducharge my felf, as God fhall put in my mind, 1 c tde, but 1 {peak in the fear and reverence of God end I 111 dl plain iy mid dearly,I fay,when you fliall have been pleafed among your feives to take confideration of thefe things,, that-rmayhenrwaa: your thoughts areofthefe things, Idoe not'fiiy, that, as a condition to any rhing.but 1 ihall be very free, and honed.and plain, to difeharge my felf, of what in the whole, upon the whole-may reafonady be expefted from me,and God {hall fet me free> toaniwer you iu. His Highnefs Speech to the Parliament in the Banqueting Houle at Whitehall 8. of May 1657. .Mr. Speaker. JCdinr hither to anfwer that,that was hr your b.f paper to your Committee ' jy on fent to me., which was in relation :•> the defires which were offered to me hy the h’oufe , in that they called their petition , 1 confefs that brjinefs hath put the Hnufe-the 'Parliament to d great deal of trouble^? [pent much time, I am very Jerry that it hath colt me [owe , and fame thoughts, and be- caufe I have been the unhappy occt'ion of the expence of fo much time , I (hall [pend little of it now, 1 have the befi I can refolved the whole bufiitefs in my thoughts , and 1 have jaidfo much already in teftimony of, the whole, that 1 think1 fhall not need to repeat any thing that I have [aid. 1 think it is a Government that the aimes of it feeks much a fettling the Nation on a good foot in relation to civill rights and liberties, which are the rights of the Nation , and 1 hi.pe 1 fhall never be found to be of them that fhall goe about to rob theNarion of tbofe rights,bo.t to ferve them what I can to the attaining cfthem.lt hath aijo exceeding well provided for the fafety Cffeettrtty of.ho• ncfi men, in that great, natnrall anirsligms liberty / which islibertycf con • (Ill) eonfcienct, theft ategreat fundamentals, and 1 mu ft hear my teftimonyto tbm ids l have and (hall doe ftill fo tongas God lets me live in this mild) that the intentions of the things are very honourable and honefl , and the pioiuB worthy of a Parliament 5 I have onely had the tinbappinejfe both in my conferences withy our Committees, and in the befl thoughts It could take to my felfnot to heconviBed of thenetcfsity of that thing, that hath heen fo often inf fled upon hyyou, to wit,the Title of King, as in it felf fo tiecefjary, as it feems to be apprehended by your felves; and I do with all honour and refpeB to the Judgement of the 'Parliament, teftifie that (cxte- ris paribus) no private judgement is to lie in the ballance with the judge- ment of a Parliament-, but in things that refpeB particular per fans: every man that is to give an account to God of his aUions, he mufi in fome mea¬ sure be able to prove his owntvork, that to have an approbation in his own confcienceof thatheisto do, or forbear , and vthilflyou are grantingothers ' liberties, furely you will not deny me this, it being not onely a liberty, but a duty (_ and J'uch a duty as I cannot without finning forbear ) to examine my own heart,and/houghts, and judgement, in every work which Jam to fet mine hand too, or to appear in or for. J muft con ftjfe therefore, that though J do acknowledge all the other yet 1 muflbeafittle confident in this, that what with the circumftances that accompany humane aBions, whether they be circumftances of time, or per- fons, whether circumftances that relate to the whole, or private or particu¬ lar circumftances, that compaffe any perfonthat istorender an account of his own aBions; J have tritely thought, and do ftill think, that if I jhould ( at the befl ) do any thing on this account to anfwer your expectation, it would le at the heft io.ihtindy : and certainly what is fo is not of faith, whatfoevesis net of faith is finne to him that doth it, whether it be with relation to thefubftance of the aBion, about which the confideration is con- verfant, or whether to circumftances about it, which make all think indifferent aBion'. good or evil to him that doth it. Hying under this confi- deration, think it my duty, onely J could have wifhedl had done it fooner, for the fake of the Hoc ft, who have laid fo infinite obligations on it, I wijh I had done it fooner for your fake, for faving time and trouble; and indeed for the Committees fake, to whom J mufi acknowledge puhlickly I have been unfeafonably trcublefome } Z fay, I could have wijhed J had given it fooner, but tritely this is my anfwer, that although J think the government doth confift of very excellent parts in all, hut in that one thing the Title as to me, 1 fbould not be an honefl man, if J Jhould not tellyou, that I cannot ac¬ cept of the government, nor undertake the trouble or charge of it, which J have a little more experimented then every man ; what troubles, and diffi¬ culties do befall men under fuel) trufls, andin fuch undertakings, I fay, 1 amp erf waded toreturnthi; anfwer toyou. That I cannot undertake this Government with the Title of a King , and that is mine anfwer to this great and weighty bufinefTe. FINIS,