Chapter IX: Part II: ========== (1)
_A._ You are welcome; yet, if you had staid somewhat longer, my memory would have been so much the better provided for you.
_B._ Nay, I pray you give me now what you have about you; for the rest I am content you take what time you please.
_A._ After the Parliament had made the people believe that the exacting of ship-money was unlawful, and the people thereby inclined to think it tyrannical; in the next place, to increase their disaffection to his Majesty, they accused him of a purpose to introduce and authorize the Roman religion in this kingdom: than which nothing was more hateful to the people; not because it was erroneous, which they had neither learning nor judgment enough to examine, but because they had been used to hear it inveighed against in the sermons and discourses of the preachers whom they trusted to. And this was indeed the most effectual calumny, to alienate the people’s affections from him, that could possibly be invented. The colour they had for this slander was, first, that there was one Rosetti, Resident, at and a little before that time, from the Pope, with the Queen; and one Mr. George Con, Secretary to the Cardinal Francisco Barberini, nephew to Pope Urban VIII, sent over, under favour and protection of the Queen, as was conceived, to draw as many persons of quality about the court, as he should be able, to reconcile themselves to the Church of Rome: with what success I cannot tell; but it is likely he gained some, especially of the weaker sex; if I may say, they were gained by him, when not his arguments, but hope of favour from the Queen, in all probability prevailed upon them.
_B._ In such a conjuncture as that was, it had perhaps been better they had not been sent.
_A._ There was exception also taken at a convent of friars-capucins in Somerset-House, though allowed by the articles of marriage: and it was reported, that the Jesuits also were shortly after to be allowed a convent in Clerkenwell. And in the mean time, the principal secretary, Sir Francis Windebank, was accused for having by his warrant set at liberty some English Jesuits, that had been taken and imprisoned for returning into England after banishment, contrary to the statute which had made it capital. Also the resort of English Catholics to the Queen’s chapel, gave them colour to blame the Queen herself, not only for that, but also for all the favours that had been shown to the Catholics; in so much that some of them did not stick to say openly, that the King was governed by her.
_B._ Strange injustice! The Queen was a Catholic by profession, and therefore could not but endeavour to do the Catholics all the good she could: she had not else been truly that which she professed to be. But it seems they meant to force her to hypocrisy, being hypocrites themselves. Can any man think it a crime in a devout lady, of what sect soever, to seek the favour and benediction of that Church whereof she is a member?
_A._ To give the Parliament another colour for their accusation on foot of the King, as to introducing of Popery, there was a great controversy between the Episcopal and Presbyterian clergy about free-will. The dispute began first in the Low Countries, between Gomar and Arminius, in the time of King James, who foreseeing it might trouble the Church of England, did what he could to compose the difference. And an assembly of divines was thereupon got together at Dort, to which also King James sent a divine or two, but it came to nothing; the question was left undecided, and became a subject to be disputed of in the universities here. All the Presbyterians were of the same mind with Gomar: but a very great many others not; and those were called here Arminians, who, because the doctrine of free-will had been exploded as a Papistical doctrine, and because the Presbyterians were far the greater number, and already in favour with the people, were generally hated. It was easy, therefore, for the Parliament to make that calumny pass currently with the people, when the Archbishop of Canterbury, Dr. Laud, was for Arminius, and had a little before, by his power ecclesiastical, forbidden all ministers to preach to the people of predestination; and when all ministers that were gracious with him, and hoped for any Church preferment, fell to preaching and writing for free-will, to the uttermost of their power, as a proof of their ability and merit. Besides, they gave out, some of them, that the Archbishop was in heart a Papist; and in case he could effect a toleration here of the Roman religion, was to have a cardinal’s hat: which was not only false, but also without any ground at all for a suspicion.
_B._ It is a strange thing, that scholars, obscure men that could receive no clarity but from the flame of the state, should be suffered to bring their unnecessary disputes, and together with them their quarrels, out of the universities into the commonwealth; and more strange, that the state should engage in their parties, and not rather put them both to silence.
_A._ A state can constrain obedience, but convince no error, nor alter the mind of them that believe they have the better reason. Suppression of doctrines does but unite and exasperate, that is, increase both the malice and power of them that have already believed them.
_B._ But what are the points they disagree in? Is there any controversy between Bishop and Presbyterian concerning the divinity or humanity of Christ? Do either of them deny the Trinity, or any article of the creed? Does either party preach openly, or write directly, against justice, charity, sobriety, or any other duty necessary to salvation, except only the duty to the King; and not that neither, but when they have a mind either to rule or destroy the King? Lord have mercy upon us! Can nobody be saved that understands not their disputations? Or is there more requisite, either of faith or honesty, for the salvation of one man than another? What needs so much preaching of faith to us that are no heathens, and that believe already all that Christ and his apostles have told us is necessary to salvation, and more too? Why is there so little preaching of justice? I have indeed heard righteousness often recommended to the people, but I have seldom heard the word justice in their sermons; nay, though in the Latin and Greek Bible the word justice occur exceeding often, yet in the English, though it be a word that every man understands, the word righteousness (which few understand to signify the same, but take it rather for rightness of opinion, than of action or intention), is put in the place of it.
_A._ I confess I know very few controversies amongst Christians, of points necessary to salvation. They are the questions of authority and power over the Church, or of profit, or of honour to Churchmen, that for the most part raise all the controversies. For what man is he, that will trouble himself and fall out with his neighbours for the saving of my soul, or the soul of any other than himself? When the Presbyterian ministers and others did so seriously preach sedition, and animate men to rebellion in these late wars; who was there that had not a benefice, or having one feared not to lose it, or some other part of his maintainance, by the alteration of the Government, that did voluntary, without any eye to reward, preach so earnestly against sedition, as the other party preached for it? I confess, that for aught I have observed in history, and other writings of the heathens, Greek and Latin, that those heathens were not at all behind us in point of virtue and moral duties, notwithstanding that we have had much preaching, and they none at all. I confess also, that considering what harm may proceed from a liberty that men have, upon every Sunday and oftener, to harangue all the people of a nation at one time, whilst the state is ignorant of what they will say; and that there is no such thing permitted in all the world out of Christendom, nor therefore any civil wars about religion; I have thought much preaching an inconvenience. Nevertheless, I cannot think that preaching to the people the points of their duty, both to God and man, can be too frequent; so it be done by grave, discreet, and ancient men, that are reverenced by the people; and not by light quibbling young men, whom no congregation is so simple as to look to be taught by (as being a thing contrary to nature), or to pay them any reverence, or to care what they say, except some few that may be delighted with their jingling. I wish with all my heart, there were enough of such discreet and ancient men, as might suffice for all the parishes of England, and that they would undertake it. But this is but a wish; I leave it to the wisdom of the State to do what it pleaseth.
_B._ What did they next?
_A._ Whereas the King had sent prisoners into places remote from London, three persons that had been condemned for publishing seditious doctrine, some in writing, some in public sermons; the Parliament (whether with his Majesty’s consent or no, I have forgotten), caused them to be released and to return to London; meaning, I think, to try how the people would be pleased therewith, and, by consequence, how their endeavours to draw the people’s affections from the King had already prospered. When these three came through London, it was a kind of triumph, the people flocking together to behold them, and receiving them with such acclamations, and almost adoration, as if they had been let down from heaven; insomuch as the Parliament was now sufficiently assured of a great and tumultuous party, whensoever they should have occasion to use it. On confidence whereof they proceeded to their next plot, which was to deprive the King of such ministers as by their wisdom, courage, and authority, they thought most able to prevent, or oppose their further designs against the King. And first, the House of Commons resolved to impeach the Earl of Strafford, Lord Lieutenant of Ireland, of high-treason.
_B._ What was that Earl of Strafford before he had that place? And how had he offended the Parliament or given them cause to think he would be their enemy? For I have heard that in former Parliaments he had been as parliamentary as any other.
_A._ His name was Sir Thomas Wentworth, a gentleman both by birth and estate very considerable in his own county, which was Yorkshire; but more considerable for his judgment in the public affairs, not only of that county, but generally of the kingdom; and was therefore often chosen for the Parliament, either as burgess for some borough, or knight of the shire. For his principles of politics, they were the same that were generally proceeded upon by all men else that were thought fit to be chosen for the Parliament; which are commonly these: to take for the rule of justice and government the judgments and acts of former Parliaments, which are commonly called precedents; to endeavour to keep the people from being subject to extra-parliamentary taxes of money, and from being with parliamentary taxes too much oppressed; to preserve to the people their liberty of body from the arbitrary power of the King out of Parliament; to seek redress of grievances.
_B._ What grievances?
_A._ The grievances were commonly such as these; the King’s too much liberality to some favourite; the too much power of some minister or officer of the commonwealth; the misdemeanour of judges, civil or spiritual; but especially all unparliamentary raising of money upon the subjects. And commonly of late, till such grievances be redressed, they refuse, or at least make great difficulty, to furnish the King with money necessary for the most urgent occasions of the commonwealth.
_B._ How then can a King discharge his duty as he ought to do, or the subject know which of his masters he is to obey? For here are manifestly two powers, which, when they chance to differ, cannot both be obeyed.
_A._ It is true; but they have not often differed so much to the danger of the commonwealth, as they have done in this Parliament, 1640. In all the Parliaments of the late King Charles before the year 1640, my Lord of Strafford did appear in opposition to the King’s demands as much as any man, and was for that cause very much esteemed and cried up by the people as a good patriot, and one that courageously stood up in defence of their liberties; and for the same cause was so much the more hated, when afterwards he endeavoured to maintain the royal and just authority of his Majesty.
_B._ How came he to change his mind so much as it seems he did?
_A._ After the dissolution of the Parliament holden in the years 1627 and 1628, the King, finding no money to be gotten from Parliaments which he was not to buy with the blood of such servants and ministers as he loved best, abstained a long time from calling any more, and had abstained longer if the rebellion of the Scotch had not forced him to it. During that Parliament the King made Sir Thomas Wentworth a baron, recommended to him for his great ability, which was generally taken notice of by the disservice he had done the King in former Parliaments, but which might be useful for him in the times that came on: and not long after he made him of the Council, and after that again Lieutenant of Ireland, which place he discharged with great satisfaction and benefit to his Majesty, and continued in that office, till, by the envy and violence of the Lords and Commons of that unlucky Parliament of 1640, he died. In which year he was made general of the King’s forces against the Scots that then entered into England, and the year before, Earl of Strafford. The pacification being made, and the forces on both sides disbanded, and the Parliament at Westminster now sitting, it was not long before the House of Commons accused him to the House of Lords for high-treason.
_B._ There was no great probability of his being a traitor to the King, from whose favour he had received his greatness, and from whose protection he was to expect his safety. What was the treason they laid to his charge?
_A._ Many articles were drawn up against him, but the sum of them was contained in these two: first, that he had traitorously endeavoured to subvert the fundamental laws and government of the realm; and in stead thereof to introduce an arbitrary and tyrannical government against law: secondly, that he had laboured to subvert the rights of Parliaments, and the ancient course of Parliamentary proceedings.
_B._ Was this done by him without the knowledge of the King?
_A._ No.
_B._ Why then, if it were treason, did not the King himself call him in question by his attorney? What had the House of Commons to do, without his command, to accuse him in the House of Lords? They might have complained to the King, if he had not known it before. I understand not this law.
_A._ Nor I.
_B._ Had this been by any former statutes made treason?
_A._ Not that I ever heard of; nor do I understand how anything can be treason against the King, that the King, hearing and knowing, does not think treason. But it was a piece of that Parliament’s artifice, to put the word _traiterously_ to any article exhibited against any man whose life they meant to take away.
_B._ Was there no particular instance of action or words, out of which they argued that endeavour of his to subvert the fundamental laws of Parliament, whereof they accused him?
_A._ Yes; they said he gave the King counsel to reduce the Parliament to their duty by the Irish army, which not long before my Lord of Strafford himself had caused to be levied there for the King’s service. But it was never proved against him, that he advised the King to use it against the Parliament.
_B._ What are those laws that are called fundamental? For I understand not how one law can be more fundamental than another, except only that law of nature that binds us all to obey him, whosoever he be, whom lawfully and for our own safety, we have promised to obey; nor any other fundamental law to a King, but _salus populi_, the safety and well-being of his people.
_A._ This Parliament, in the use of their words, when they accused any man, never regarded the signification of them, but the weight they had to aggravate their accusation to the ignorant multitude, which think all faults heinous that are expressed in heinous terms, if they hate the person accused, as they did this man not only for being of the King’s party, but also for deserting the Parliament’s party as an apostate.
_B._ I pray you tell me also what they meant by arbitrary government, which they seemed so much to hate? Is there any governor of a people in the world that is forced to govern them, or forced to make this and that law, whether he will or no? I think not: or if any be, he that forces him does certainly make laws, and govern arbitrarily.
_A._ That is true; and the true meaning of the Parliament was, that not the King, but they themselves, should have the arbitrary government, not only of England, but of Ireland, and, as it appeared by the event, of Scotland also.
_B._ How the King came by the government of Scotland and Ireland by descent from his ancestors, everybody can tell; but if the King of England and his heirs should chance (which God forbid) to fail, I cannot imagine what title the Parliament of England can acquire thereby to either of those nations.
_A._ Yes; they will say they had been conquered anciently by the English subjects' money.
_B._ Like enough, and suitable to the rest of their impudence.
_A._ Impudence in democratical assemblies does almost all that is done; it is the goddess of rhetoric, and carries proof with it. For what ordinary man will not, from so great boldness of affirmation, conclude there is great probability in the thing affirmed? Upon this accusation he was brought to his trial in Westminster Hall before the House of Lords, and found guilty, and presently after declared traitor by a bill of attainder, that is, by Act of Parliament.
_B._ It is a strange thing that the Lords should be induced, upon so light grounds, to give a sentence, or give their assent to a bill, so prejudicial to themselves and their posterity.
_A._ It was not well done, and yet, as it seems, not ignorantly; for there is a clause in the bill, that it should not be taken hereafter for an example, that is for a prejudice, in the like case hereafter.
_B._ That is worse than the bill itself, and is a plain confession that their sentence was unjust. For what harm is there in the examples of just sentences? Besides, if hereafter the like case should happen, the sentence is not at all made weaker by such a provision.
A, Indeed I believe that the Lords, most of them, were not of themselves willing to condemn him of treason; they were awed to it by the clamour of common people that came to Westminster, crying out, _Justice, Justice against the Earl of Strafford!_ The which were caused to flock thither by some of the House of Commons, that were well assured, after the triumphant welcome of Prynne, Burton, and Bastwick, to put the people into tumult upon any occasion they desired. They were awed unto it partly also by the House of Commons itself, which if it desired to undo a Lord, had no more to do but to vote him a delinquent.
_B._ A delinquent; what is that? A sinner is it not? Did they mean to undo all sinners?
_A._ By delinquent they meant only a man to whom they would do all the hurt they could. But the Lords did not yet, I think, suspect they meant to cashier their whole House.
_B._ It is a strange thing the whole House of Lords should not perceive that the ruin of the King’s power, and the weakening of it, was the ruin, or weakening of themselves. For they could not think it likely that the people ever meant to take the sovereignty from the King to give it to them, who were few in number, and less in power than so many Commoners, because less beloved by the people.
_A._ But it seems not so strange to me. For the Lords, for their personal abilities, as they were no less, so also they were no more skilful in the public affairs, than the knights and burgesses. For there is no reason to think, that if one that is to-day a knight of the shire in the lower House, be to-morrow made a Lord and a member of the higher House, he is therefore wiser than he was before. They are all, of both Houses, prudent and able men as any in the land, in the business of their private estates, which require nothing but diligence and natural wit to govern them. But for the government of a commonwealth, neither wit, nor prudence, nor diligence, is enough, without infallible rules and the true science of equity and justice.
_B._ If this be true, it is impossible any commonwealth in the world, whether monarchy, aristocracy, or democracy, should continue long without change, or sedition tending to change, either of the government or of the governors.
_A._ It is true; nor have any the greatest commonwealths in the world been long free from sedition. The Greeks had for awhile their petty kings, and then by sedition came to be petty commonwealths; and then growing to be greater commonwealths, by sedition again became monarchies; and all for want of rules of justice for the common people to take notice of; which if the people had known in the beginning of every of these seditions, the ambitious persons could never have had the hope to disturb their government after it had been once settled. For ambition can do little without hands, and few hands it would have, if the common people were as diligently instructed in the true principles of their duty, as they are terrified and amazed by preachers, with fruitless and dangerous doctrines concerning the nature of man’s will, and many other philosophical points that tend not at all to the salvation of the soul in the world to come, nor to their ease in this life, but only to the direction towards the clergy of that duty which they ought to perform to the King.
_B._ For aught I see, all the states of Christendom will be subject to these fits of rebellion, as long as the world lasteth.
_A._ Like enough; and yet the fault, as I have said, may be easily mended, by mending the Universities.
_B._ How long had the Parliament now sitten?
_A._ It began November the 3d, 1640. My Lord of Strafford was impeached of treason before the Lords, November the 12th, sent to the Tower November the 22d, his trial began March the 22d, and ended April the 13th. After his trial he was voted guilty of high-treason in the House of Commons, and after that in the House of Lords, May the 6th, and on the 12th of May beheaded.
_B._ Great expedition; but could not the King, for all that, have saved him by a pardon?
_A._ The King had heard all that passed at his trial, and had declared he was unsatisfied concerning the justice of their sentence. And, I think, notwithstanding the danger of his own person from the fury of the people, and that he was counselled to give way to his execution, not only by such as he most relied on, but also by the Earl of Strafford himself, he would have pardoned him, if that could have preserved him against the tumult raised and countenanced by the Parliament itself, for the terrifying of those they thought might favour him. And yet the King himself did not stick to confess afterwards, that he had done amiss, in that he did not rescue him.
_B._ It was an argument of good disposition in the King. But I never read that Augustus Cæsar acknowledged that he had done a fault, in abandoning Cicero to the fury of his enemy Antonius: perhaps because Cicero, having been of the contrary faction to his father, had done Augustus no service at all out of favour to him, but only out of enmity to Antonius, and out of love to the senate, that is indeed out of love to himself that swayed the senate; as it is very likely the Earl of Strafford came over to the King’s party for his own ends, having been so much against the King in former Parliaments.
_A._ We cannot safely judge of men’s intentions. But, I have observed often, that such as seek preferment, by their stubbornness have missed of their aim; and on the other side, that those princes that with preferment are forced to buy the obedience of their subjects, are already, or must be soon after, in a very weak condition. For in a market where honour and power is to be bought with stubbornness, there will be a great many as able to buy as my Lord Strafford was.
_B._ You have read, that when Hercules fighting with the Hydra, had cut off any one of his many heads, there still arose two other heads in its place; and yet at last he cut them off all.
_A._ The story is told false. For Hercules at first did not cut off those heads, but bought them off; and afterwards, when he saw it did him no good, then he cut them off, and got the victory.
_B._ What did they next?
_A._ After the first impeachment of the Earl of Strafford, the House of Commons, upon December the 18th, accused the Archbishop of Canterbury also of high-treason, that is, of design to introduce arbitrary government, &c.; for which he was, February the 18th, sent to the Tower; but his trial and execution were deferred a long time, till January the 10th, 1643, for the entertainment of the Scots, that were come into England to aid the Parliament.
_B._ Why did the Scots think there was so much danger in the Archbishop of Canterbury? He was not a man of war, nor a man able to bring an army into the field; but he was perhaps a very great politician.
_A._ That did not appear by any remarkable event of his counsels. I never heard but he was a very honest man for his morals, and a very zealous promoter of the Church-government by bishops, and that desired to have the service of God performed, and the house of God adorned, as suitably as was possible to the honour we ought to do to the Divine Majesty. But to bring, as he did, into the State his former controversies, I mean his squabblings in the University about free-will, and his standing upon punctilios concerning the service-book and its rubrics, was not, in my opinion, an argument of his sufficiency in affairs of state. About the same time they passed an act, which the King consented to, for a triennial Parliament, wherein was enacted, that after the present Parliament there should be a Parliament called by the King within the space of three years, and so from three years to three years, to meet at Westminster upon a certain day named in the act.
_B._ But what if the King did not call it, finding it perhaps inconvenient, or hurtful to the safety or peace of his people, which God hath put into his charge? For I do not well comprehend how any sovereign can well keep a people in order when his hands are tied, or when he hath any other obligation upon him than the benefit of those he governs; and at this time, for any thing you have told me, they acknowledged the King for their sovereign.
_A._ I know not; but such was the act. And it was further enacted, that if the King did it not by his own command, then the Lord Chancellor or the Lord Keeper for the time being, should send out the writs of summons; and if the Chancellor refused, then the Sheriffs of the several counties should of themselves, in their next county-courts before the day set down for the Parliament’s meeting, proceed to the election of the members for the said Parliament.
_B._ But what if the sheriffs refused?
_A._ I think they were to be sworn to it: but for that, and other particulars, I refer you to the act.
_B._ To whom should they be sworn, when there is no Parliament?
_A._ No doubt but to the King, whether there be a Parliament sitting or no.
_B._ Then the King may release them of their oath.
_A._ Besides, they obtained of the King the putting down the Star-chamber, and the High-Commission Courts.
_B._ Besides, if the King, upon the refusal, should fall upon them in anger; who shall (the Parliament not sitting) protect either the Chancellor or the sheriffs in their disobedience?
_A._ I pray you do not ask me any reason of such things I understand no better than you. I tell you only an act passed to that purpose, and was signed by the King in the middle of February, a little before the Archbishop was sent to the Tower. Besides this bill, the two Houses of Parliament agreed upon another, wherein it was enacted, that the present Parliament should continue till both the Houses did consent to the dissolution of it; which bill also the King signed the same day he signed the warrant for the execution of the Earl of Strafford.
_B._ What a great progress made the Parliament towards the ends of the most seditious Members of both Houses in so little time! They sat down in November, and now it was May; in this space of time, which is but half a year, they won from the King the adherence which was due to him from his people; they drove his faithfullest servants from him; beheaded the Earl of Strafford; imprisoned the Archbishop of Canterbury; obtained a triennial Parliament after their own dissolution, and a continuance of their own sitting as long as they listed: which last amounted to a total extinction of the King’s right, in case that such a grant were valid; which I think it is not, unless the Sovereignty itself be in plain terms renounced, which it was not. But what money, by way of subsidy or otherwise, did they grant the King, in recompense of all these his large concessions?
_A._ None at all; but often promised they would make him the most glorious King that ever was in England; which were words that passed well enough for well meaning with the common people.
_B._ But the Parliament was contented now? For I cannot imagine what they should desire more from the King, than he had now granted them.
_A._ Yes; they desired the whole and absolute sovereignty, and to change the monarchical government into an oligarchy; that is to say, to make the Parliament, consisting of a few Lords and about four hundred Commoners, absolute in the sovereignty, for the present, and shortly after to lay the House of Lords aside. For this was the design of the Presbyterian ministers, who taking themselves to be, by divine right, the only lawful governors of the Church, endeavoured to bring the same form of Government into the civil state. And as the spiritual laws were to be made by their synods, so the civil laws should be made by the House of Commons; who, as they thought, would no less be ruled by them afterwards, than they formerly had been: wherein they were deceived, and found themselves outgone by their own disciples, though not in malice, yet in wit.
_B._ What followed after this?
_A._ In August following, the King supposing he had now sufficiently obliged the Parliament to proceed no further against him, took a journey into Scotland, to satisfy his subjects there, as he had done here; intending, perhaps, so to gain their good wills, that in case the Parliament here should levy arms against him, they should not be aided by the Scots: wherein he also was deceived. For though they seemed satisfied with what he did, whereof one thing was his giving way to the abolition of episcopacy; yet afterwards they made a league with the Parliament, and for money, when the King began to have the better of the Parliament, invaded England in the Parliament’s quarrel. But this was a year or two after.
_B._ Before you go any further, I desire to know the ground and original of that right, which either the House of Lords, or House of Commons, or both together, now pretend to.
_A._ It is a question of things so long past, that they are now forgotten. Nor have we any thing to conjecture by, but the records of our own nation, and some small and obscure fragments of Roman histories: and for the records, seeing they are of things done only, sometimes justly, sometimes unjustly, you can never by them know what right they had, but only what right they pretended.
_B._ Howsoever, let me know what light we have in this matter from the Roman histories.
_A._ It would be too long, and an useless digression, to cite all the ancient authors that speak of the forms of those commonwealths, which were amongst our first ancestors the Saxons and other Germans, and of other nations, from whom we derive the titles of honour now in use in England; nor will it be possible to derive from them any argument of right, but only examples of fact, which, by the ambition of potent subjects, have been oftener unjust than otherwise. And for those Saxons or Angles, that in ancient times by several invasions made themselves masters of this nation, they were not in themselves one body of a commonwealth, but only a league of divers petty German lords and states, such as was the Grecian army in the Trojan war, without other obligation than that which proceeded from their own fear and weakness. Nor were those lords, for the most part, the sovereigns at home in their own country, but chosen by the people for the captains of the forces they brought with them. And therefore it was not without equity, when they had conquered any part of the land, and made some one of them king thereof, that the rest should have greater privileges than the common people and soldiers: amongst which privileges, a man may easily conjecture this to be one; that they should be made acquainted, and be of council, with him that hath the sovereignty in matter of government, and have the greatest and most honourable offices both in peace and war. But because there can be no government where there is more than one sovereign, it cannot be inferred that they had a right to oppose the King’s resolutions by force, nor to enjoy those honours and places longer than they should continue good subjects. And we find that the Kings of England did, upon every great occasion, call them together by the name of discreet and wise men of the kingdom, and hear their counsel, and make them judges of all causes, that during their sitting were brought before them. But as he summoned them at his own pleasure, so had he also ever the power at his pleasure to dissolve them. The Normans also, that descended from the Germans, as we did, had the same customs in this particular; and by this means, this privilege of the lords to be of the King’s great council, and when they were assembled, to be the highest of the King’s courts of justice, continued still after the Conquest to this day. But though there be amongst the lords divers names or titles of honour, yet they have their privilege only by the name of baron, a name received from the ancient Gauls; amongst whom, that name signified the King’s man, or rather one of his great men: by which it seems to me, that though they gave him counsel when he required it, yet they had no right to make war upon him if he did not follow it.
_B._ When began first the House of Commons to be part of the King’s great council?
_A._ I do not doubt but that before the Conquest some discreet men, and known to be so by the King, were called by special writ to be of the same council, though they were not lords; but that is nothing to the House of Commons. The knights of shires and burgesses were never called to Parliament, for aught that I know, till the beginning of the reign of Edward I, or the latter end of the reign of Henry III, immediately after the misbehaviour of the barons; and, for aught any man knows, were called on purpose to weaken that power of the lords, which they had so freshly abused. Before the time of Henry III, the lords were descended, most of them, from such as in the invasions and conquests of the Germans were peers and fellow-kings, till one was made king of them all; and their tenants were their subjects, as it is at this day with the lords of France. But after the time of Henry III, the kings began to make lords in the place of them whose issue failed, titulary only, without the lands belonging to their title; and by that means, their tenants being no longer bound to serve them in the wars, they grew every day less and less able to make a party against the King, though they continued still to be his great council. And as their power decreased, so the power of the House of Commons increased; but I do not find they were part of the King’s council at all, nor judges over other men; though it cannot be denied, but a King may ask their advice, as well as the advice of any other. But I do not find that the end of their summoning was to give advice, but only, in case they had any petitions for redress of grievances, to be ready there with them whilst the King had his great council about him. But neither they nor the lords could present to the King, as a grievance, that the King took upon him to make the laws; to choose his own privy-counsellors; to raise money and soldiers; to defend the peace and honour of the kingdom; to make captains in his army; to make governors of his castles, whom he pleased. For this had been to tell the King, that it was one of their grievances that he was King.
_B._ What did the Parliament do, whilst the King was in Scotland?
_A._ The King went in August; after which, the Parliament, September the 8th, adjourned till the 20th of October; and the King returned about the end of November following. In which time the most seditious of both Houses, and which had designed the change of government and to cast off monarchy, but yet had not wit enough to set up any other government in its place, and consequently left it to the chance of war, made a cabal amongst themselves; in which they projected how, by seconding one another, to govern the House of Commons, and invented how to put the kingdom, by the power of that House, into a rebellion, which they then called a posture of defence against such dangers from abroad, as they themselves should feign and publish. Besides, whilst the King was in Scotland, the Irish Papists got together a great party, with an intention to massacre the Protestants there, and had laid a design for the seizing, on October the 23rd, of Dublin Castle, where the King’s officers of the government of that country made their residence; and had effected it, had it not been discovered the night before. The manner of the discovery, and the murders they committed in the country afterwards, I need not tell you, since the whole story of it is extant.
_B._ I wonder they did not expect and provide for a rebellion in Ireland, as soon as they began to quarrel with the King in England. For was there any body so ignorant, as not to know that the Irish Papists did long for a change of religion there, as well as the Presbyterians in England? Or, that in general, the Irish nation did hate the name of subjection to England, nor would longer be quiet, than they feared an army out of England to chastise them? What better time then could they take for their rebellion than this, wherein they were encouraged, not only by our weakness caused by this division between the King and his Parliament, but also by the example of the Presbyterians, both of the Scotch and English nation? But what did the Parliament do upon this occasion, in the King’s absence?
_A._ Nothing; but consider what use they might make of it to their own ends; partly, by imputing it to the King’s evil counsellors, and partly, by occasion thereof to demand of the King the power of pressing and ordering soldiers; which power whosoever has, has also, without doubt, the whole sovereignty.
_B._ When came the King back?
_A._ He came back the 25th of November; and was welcomed with the acclamations of the common people, as much as if he had been the most beloved of all the Kings that were before him; but found not a reception by the Parliament, answerable to it. They presently began to pick new quarrels against him, out of every thing he said to them. December the 2nd, the King called together both Houses of Parliament, and then did only recommend unto them the raising of succours for Ireland.
_B._ What quarrel could they pick out of that?
_A._ None: but in order thereto, as they may pretend, they had a bill in agitation to assert the power of levying and pressing soldiers to the two Houses of the Lords and Commons; which was as much as to take from the King the power of the militia, which is in effect the whole sovereign power. For he that hath the power of levying and commanding the soldiers, has all other rights of sovereignty which he shall please to claim. The King, hearing of it, called the Houses of Parliament together again, on December the 14th, and then pressed again the business of Ireland: (as there was need; for all this while the Irish were murdering the English in Ireland, and strengthening themselves against the forces they expected to come out of England): and withal, told them he took notice of the bill in agitation for pressing of soldiers, and that he was contented it should pass with a _salvo jure_ both for him and them, because the present time was unseasonable to dispute it in.
_B._ What was there unreasonable in this?
_A._ Nothing: what is unreasonable is one question, what they quarrelled at is another. They quarrelled at this: that his Majesty took notice of the bill, while it was in debate in the House of Lords, before it was presented to him in the course of Parliament; and also that he showed himself displeased with those that propounded the said bill; both which they declared to be against the privileges of Parliament, and petitioned the King to give them reparation against those by whose evil counsel he was induced to it, that they might receive condign punishment.
_B._ This was cruel proceeding. Do not the Kings of England use to sit in the Lords' House when they please? And was not this bill in debate then in the House of Lords? It is a strange thing that a man should be lawfully in the company of men, where he must needs hear and see what they say and do, and yet must not take notice of it so much as to the same company; for though the King was not present at the debate itself, yet it was lawful for any of the Lords to make him acquainted with it. Any one of the House of Commons, though not present at a proposition or debate in the House, nevertheless hearing of it from some of his fellow-members, may certainly not only take notice of it, but also speak to it in the House of Commons: but to make the King give up his friends and counsellors to them, to be put to death, banishment, or imprisonment, for their good-will to him, was such a tyranny over a king, no king ever exercised over any subject but in cases of treason or murder, and seldom then.
_A._ Presently hereupon began a kind of war between the pens of the Parliament and those of the secretaries, and other able men that were with the King. For upon the 15th of December they sent to the King a paper called _A Remonstrance of the State of the Kingdom_, and with it a petition; both which they caused to be published. In the remonstrance they complained of certain mischievous designs of a malignant party, then, before the beginning of the Parliament, grown ripe; and did set forth what means had been used for the preventing of it by the wisdom of the Parliament; what rubs they had found therein; what course was fit to be taken for restoring and establishing the ancient honour, greatness, and safety, of the Crown and nation.
And first, of these designs the promoters and actors were, they said, Jesuited Papists:
Secondly, the bishops, and that part of the clergy that cherish formality as a support of their own ecclesiastical tyranny and usurpation:
Thirdly, counsellors and courtiers, that for private ends, they said, had engaged themselves to further the interests of some foreign princes.
_B._ It may very well be, that some of the bishops, and also some of the court, may have, in pursuit of their private interest, done something indiscreetly, and perhaps wickedly. Therefore I pray you tell me in particular what their crimes were: for methinks the King should not have connived at anything against his own supreme authority.
_A._ The Parliament were not very keen against them that were against the King; they made no doubt but all they did was by the King’s command; but accused thereof the bishops, counsellors, and courtiers, as being a more mannerly way of accusing the King himself, and defaming him to his subjects. For the truth is, the charge they brought against them was so general as not to be called an accusation, but railing. As first, they said they nourished questions of prerogative and liberty between the King and his people, to the end that seeming much addicted to his Majesty’s service, they might get themselves into places of greatest trust and power in the kingdom.
_B._ How could this be called an accusation, in which there is no fact for any accusers to apply their proofs to, or their witnesses. For granting that these questions of prerogative had been moved by them, who can prove that their end was to gain to themselves and friends the places of trust and power in the kingdom?
_A._ A second accusation was, that they endeavoured to suppress the purity and power of religion.
_B._ That is canting; it is not in man’s power to suppress the power of religion.
_A._ They meant that they suppressed the doctrine of the Presbyterians; that is to say, the very foundation of the then Parliament’s treacherous pretensions.
A third, that they cherished Arminians, Papists, and libertines (by which they meant the common Protestants, which meddle not with disputes), to the end they might compose a body fit to act according to their counsels and resolutions.
A fourth, that they endeavoured to put the King upon other courses of raising money, than by the ordinary way of Parliaments.
Judge whether these may be properly called accusations, or not rather spiteful reproaches of the King’s government.
_B._ Methinks this last was a very great fault. For what good could there be in putting the King upon an odd course of getting money, when the Parliament was willing to supply him, as far as to the security of the kingdom, or to the honour of the King, should be necessary?
_A._ But I told you before, they would give him none, but with a condition he should cut off the heads of whom they pleased, how faithfully soever they had served him. And if he would have sacrificed all his friends to their ambition, yet they would have found other excuses for denying him subsidies; for they were resolved to take from him the sovereign power to themselves; which they could never do without taking great care that he should have no money at all. In the next place, they put into the remonstrance, as faults of them whose counsel the King followed, all those things which since the beginning of the King’s reign were by them misliked, whether faults or not, and whereof they were not able to judge for want of knowledge of the causes and motives that induced the King to do them, and were known only to the King himself and such of his privy-council as he revealed them to.
_B._ But what were those particular pretended faults?
_A._ 1. The dissolution of his first Parliament at Oxford. 2. The dissolution of his second Parliament, being in the second year of his reign. 3. The dissolution of his Parliament in the fourth year of his reign. 4. The fruitless expedition against Calais. 5. The peace made with Spain, whereby the Palatine’s cause was deserted, and left to chargeable and hopeless treaties. 6. The sending of commissions to raise money by way of loan. 7. Raising of ship-money. 8. Enlargement of forests, contrary to Magna Charta. 9. The design of engrossing all the gunpowder into one hand, and keeping it in the Tower of London. 10. A design to bring in the use of brass money. 11. The fines, imprisonments, stigmatizings, mutilations, whippings, pillories, gags, confinements, and banishments, by sentence in the Court of Star-chamber. 12. The displacing of judges. 13. Illegal acts of the Council-table. 14. The arbitrary and illegal power of the Earl Marshal’s Court. 15. The abuses in Chancery, Exchequer-chamber, and Court of Wards. 16. The selling of titles of honour, of judges, and serjeants' places, and other offices. 17. The insolence of bishops and other clerks, in suspensions, excommunications, deprivations, and degradations, of divers painful, and learned, and pious ministers.
_B._ Were there any such ministers degraded, deprived, or excommunicated?
_A._ I cannot tell. But I remember I have heard threatened divers painful, unlearned, and seditious ministers.
18. The excess of severity of the High Commission-Court. 19. The preaching before the King against the property of the subject, and for the prerogative of the King above the law. And divers other petty quarrels they had to the government, which though they were laid upon this faction, yet they knew they would fall upon the King himself in the judgment of the people, to whom, by printing, it was communicated.
Again, after the dissolution of the Parliament May the 5th, 1640, they find other faults; as the dissolution itself; the imprisoning some members of both Houses; a forced loan of money attempted in London; the continuance of the Convocation, when the Parliament was ended; and the favour shewed to Papists by Secretary Windebank and others.
_B._ All this will go current with common people for misgovernment, and for faults of the King, though some of them were misfortunes; and both the misfortunes and the misgovernment, if any were, were the faults of the Parliament; who, by denying to give him money, did both frustrate his attempts abroad, and put him upon those extraordinary ways, which they call illegal, of raising money at home.
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The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)Chapter IX: Part II: ========== (1)
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