Behemoth: the History of the Causes of the Civil Wars of England, and of the Counsels and Artifices By Which They Were Carried On From the Year 1640 to the Year 1660
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- B. What was this commission of array A.
- B. Why then was it not legal A.
- B. To destroy monarchy, and set up the House of Commons, are two businesses. A.
B.Who were those? A.It is not necessary to name any man, seeing I have undertaken only a short narration of the follies and other faults of men during this trouble; but not, by naming the persons, to give you, or any man else, occasion to esteem them the less, now that the faults on all sides have been forgiven. B.When the business was brought to this height, by levying of soldiers and seizing of the navy and arms and other provisions on both sides, that no man was so blind as not to see they were in an estate of war one against another; why did not the King, by proclamation or message, according to his undoubted right, dissolve the Parliament, and thereby diminish in some part the authority of their levies, and of other their unjust ordinances? A.You have forgotten that I told you, that the King himself, by a bill that he passed at the same time when he passed the bill for the execution of the Earl of Strafford, had given them authority to hold the Parliament till they should by consent of both Houses dissolve themselves. If therefore he had, by any proclamation or message to the Houses, dissolved them, they would to their former defamations of his Majesty’s actions have added this, that he was a breaker of his word: and not only in contempt of him have continued their session, but also have made an advantage of it to the increase and strengthening of their own party. B.Would not the King’s raising of an army against them be interpreted as a purpose to dissolve them by force? And was it not as great a breach of promise to scatter them by force, as to dissolve them by proclamation? Besides, I cannot conceive that the passing of that act was otherwise intended than conditionally; so long as they should not ordain any thing contrary to the sovereign right of the King; which condition they had already by many of their ordinances broken. And I think that even by the law of equity, which is the unalterable law of nature, a man that has the sovereign power, cannot, if he would, give away the right of anything which is necessary for him to retain for the good government of his subjects, unless he do it in express words, saying, that he will have the sovereign power no longer. For the giving away that, which by consequence only, draws the sovereignty along with it, is not, I think, a giving away of the sovereignty; but an error, such as works nothing but an invalidity in the grant itself. And such was the King’s passing of this bill for the continuing of the Parliament as long as the two Houses pleased. But now that the war was resolved on on both sides, what needed any more dispute in writing? A.I know not what need they had. But on both sides they thought it needful to hinder one another, as much as they could, from levying of soldiers; and, therefore, the King did set forth declarations in print, to make the people know that they ought not to obey the officers of the new militia set up by ordinance of Parliament, and also to let them see the legality of his own commissions of array. And the Parliament on their part did the like, to justify to the people the said ordinance, and to make the commission of array appear unlawful. B.When the Parliament were levying of soldiers, was it not lawful for the King to levy soldiers to defend himself and his right, though there had been no other title for it but his own preservation, and that the name of commission of array had never before been heard of? A.For my part, I think there cannot be a better title for war, than the defence of a man’s own right. But the people, at that time, thought nothing lawful for the King to do, for which there was not some statute made by Parliament. For the lawyers, I mean the judges of the courts at Westminster, and some few others, though but advocates, yet of great reputation for their skill in the common-laws and statutes of England, had infected most of the gentry of England with their maxims and cases prejudged, which they call precedents; and made them think so well of their own knowledge in the law, that they were very glad of this occasion to shew it against the King, and thereby to gain a reputation with the Parliament of being good patriots, and wise statesmen. B.What was this commission of array? A.King William the Conqueror had gotten into his hands by victory all the land in England, of which he disposed some part as forests and chases for his recreation, and some part to lords and gentlemen that had assisted him or were to assist him in the wars. Upon which he laid a charge of service in his wars, some with more men, and some with less, according to the lands he had given them: whereby, when the King sent men unto them with commission to make use of their service, they were obliged to appear with arms, and to accompany the King to the wars for a certain time at their own charges: and such were the commissions by which this King did then make his levies. B.Why then was it not legal? A.No doubt but it was legal. But what did that amount to with men, that were already resolved to acknowledge for law nothing that was against their design of abolishing monarchy, and placing a sovereign and absolute arbitrary power in the House of Commons. B.To destroy monarchy, and set up the House of Commons, are two businesses. A.They found it so at last, but did not think it so then. B.Let us now come to the military part. A.I intended only the story of their injustice, impudence, and hypocrisy; therefore, for the proceeding of the war, I refer you to the history thereof written at large in English. I shall only make use of such a thread as is necessary for the filling up of such knavery, and folly also, as I shall observe in their several actions. From York the King went to Hull, where was his magazine of arms for the northern parts of England, to try if they would admit him. The Parliament had made Sir John Hotham governor of the town, who caused the gates to be shut, and presenting himself upon the walls flatly denied him entrance: for which the King caused him to be proclaimed traitor, and sent a message to the Parliament to know if they owned the action. Download 0.52 Mb. Share with your friends:
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