Treasons Masterpiece, Date · Date 2
16. April, Sir Richard Onſlow.
The Lord Protectors Objections.
OBjection, That the Title of King is a name of an office, and any other name which may imply the ſupreme Magiſtrate hath the ſame ſignification and therefore no neceſſity of the name.
Anſwer, every office ought to have a name adequate to the ſaid office, and no other name than King can be ſuitable and comprehenſive enough to contain in it the common good to all intents and purpoſes.
It is a Rule, that the Kings of England cannot alter the laws of England ratione nominis, but is bound to Govern according to the laws of England, but for any other name, there is no obligation lies upon it.
That the very Title is neceſſary was declared in the 9. year of E. 4. when the great controverſie was betwixt E. 4. and H. 6. that ſometimes one was in poſſeſſion and then another, that it was neceſſary the Realm ſhould have a King under whom the laws might be maintained and holden; for every action done by the King in poſſeſſion was valid and good, for it was his Juriſdiction Royal, ſo likewiſe the firſt of H. 7. ſo 3. the ſame opinion was held and declared, that a King de facto was neceſſary, and in all alterations from perſons and families. Yet our Anceſtors always retained the Title and the Name.
There is a prius and a primum, another name may in order and degree be firſt, that is, before other men, but it was a King was primum, the firſt name that had its beginning with our laws.
The Cuſtomes of England are the Laws of England, as well as our States laws, the title of King and cuſtom are two twins born together, and have had continuance together, and therefore to ſay Protector, of which we know the date, with Cuſtom (of which no memory can ſpeak) is a kind of contradiction to the Original.
Then there muſt be a Law introductive, becauſe Protector is a new name that our Law doth not yet know. Now to ingraft a young Cien upon an old ſtock it will never grow, but there muſt be an irradication of the old root and a new plantation muſt be made, and that all the old cuſtomes muſt be put into poſitive laws, and that will be a thing conſiſting of much time and great difficulty.
The title of King is ſo incorporated, and in conjunction with our Cuſtomes, which do very much concern the people of England to be upheld, and then there is a rule, Quaeque res in conjunctione pro bono conjunctionis, that ought to be done which is for the good of the conjunction and benefit thereof, and if it be for the advantage of the ſingle perſon and the people, it brings me to mind of another rule my old Maſter Tully taught me, Communis utilitatis derclictio contra naturam eſt, it is not natural to decline that which is for a common benefit and utility.
And therefore I ſhall ſay but this as to the title, that as the Patriarch Jacob joyned together in his bleſſing upon Judah the Law-giver and the Scepter, ſo the Parliament of the three Nations deſires to preſerve the title King in and upon the Law.
2. Objection, another argument your Highneſs was pleaſed to draw from providence, that had brought you to this place through much darkneſs, and had ſeemed to lay this title aſide of King.
Anſwer, it becomes all men to acknowledge the acting of the providence and power of God for bringing to paſs whatſoever he hath determined in the world, and it is the mighty and wiſe hand of providence which Triumphs over Nations, and Triumphs and treads down all oppoſitions: Yet your Highneſs obſerves, it is not a rule to walk by without the word, the reaſon, the cauſes are hidden in the ſecret Counſel of Gods will; you may ſee in the Revelations, the Book is Sealed up with ſeven Seals, we may read what is paſt, becauſe it is written on the outſide of the Book, but what is to come we cannot 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 ſeveral thanges to great ones from the former conſtitution, that of the Keepers of the Liberties of England and this preſent Government, under the title of Protector, and the firſt ſeemed to be the reſult of 7 years war againſt the Title and the Family.
Anſwer, it muſt be confeſſed it proved the event of 7. years war but the reaſons of the war did not lead to it, for the war was for King and Parliament, for the office; but againſt the perſon, againſt the exorbitancy and irregularities in his Government, but it was providence that took away at that time both the Office and the Family.
It was alſo providence that altered from that of a Republick, to this of a Protector; that act being as much againſt Protector as a King, for it was againſt a Single Perſon.
And may not, by the ſame ſeries of providence, this Parliament as well ſet up Kingly Government, as that Parliament took it away, having alſo the ſame power they had.
4. Objection, Another ground why your Highneſs would not accept of the Title was, the diſſatisfaction many perſons, who had been inſtrumental in carrying on the work, have againſt that title.
Anſwer, in every change of Government there was and ſtill will be perſons unſatisfied, becauſe men are of mixt intereſts and differing in judgement, upon the change to a Republick. thoſe that conceived the Monarchical Government beſt were unſatisfied: but all ought to ſubmit and be concluded by the judgement of a Parliament.
Your Highneſs was pleaſed to ſay that neither your ſelf nor thoſe that tendred to you the inſtrument were authors in the firſt change, but it was the long Parliament, ſo that I may conclude, they were not engaged for that Government by King.
It hath been indeed the honour of the Souldiery that in all theſe changes they have ſtill followed providence, and have acquieſced, acting and living in practical conformity, but I wiſh they would be ſatisfied, for their love ſake to us, and their labours for us. High ſhould his reward be in Heaven, and happy hsi remembrance on earth, that would be the means of ſuch an accord, but to ſatisfie all men ſo divided as we are would be no leſs that a wonder. I ſhall ſpeak in a parable in the 37. Chap. of Ezekiel verſ. 16. the Lord ſaid to the Prophet, Take two ſticks, write upon one ſtick for Judah and the children of Iſrael companions, and take the other ſtick and write upon it for Joſeph the ſtick of Ephraim for all the Houſe of Iſrael his Companions, and join theſe two ſticks in one ſtick, and they ſhall become one in thy hand, theſe are the two Nations of Iſrael and Judah, two diſtant and differing names, but they ſhall come under one King, and David ſhall be their King, thus they were united.
5. Objection, Juſtice hath been as well adminiſtred and as free from ſolicitations under theſe changes as before.
Anſwer, you were pleaſed to ſay to undertook that charge to preſerve from confuſion, which indeed is the worſt of evil, and the ſame reaſon might prevail with judges, and other Magiſtrates to execute Juſtice, and give to men their rights, which is ſo deſirable to all men and of abſolute neceſſity.
Juſtice may be compared to the water in the ſpring, if kept from his natural channel will break his way through the bowels of the Earth: nature ſometimes may ſuffer violence, there is a peace in a ceſſation to war, and their is a peace in the regard of the diſtraction may be termed; but an intermitting peace, for your Highneſs is pleaſed to acknowledge that the people call for a ſubſiſtery and cry aloud for ſettlement, from which under favour I may infer, that as yet there is no ſettlement ſo well ſettled as to be accounted perfect and good.
Your Highneſs is pleaſed to declare you had rather take a Title from this Parliament, than any title from any other place or without it.
The Parliament of England is the Womb of the Commonwealth, and in the Womb there hath been a conception and ſhape, and proportion, and form, and life, and groweth as far as the navel could nouriſh; there hath been alſo a delivery and a name given, there hath been conceptu conceptus partus & opus, and it hath been a great work to bring us to this delivery, it is therefore the humble advice of the Parliament that your Highneſs would be pleaſed to make it ſpeak the Engliſh tongue.