you their Advice in; and I think we are rather to offer to your Highness the Reafons of the Parliament, if your Highness's Diffatisfaction be to the Alteration of Government in general, or in particular.

I

Lord Protector.

Am very ready to fay, I have no Diffatisfaction, that it hath pleased the Parliament to find out a way (though it be of Alteration) to bring these Nations into a good Settlement; and perhaps you may have judged the Settlement we were in, was not fo much for the great End of Government, the Liberty and Good of the Nations, and the Prefervation of all thofe honest Interests that have been engaged in this Caufe; I fay, I have no Exception to the general, that the Parliament hath thought fit to take Confideration of a new Settlement, or Government; but you having done it as you have, and made me fo far interested in, as to make fuch an Overture to me, I fhall be very glad, if you so please to let me know it, that befides the Pleasure of the Parliament, may be fomewhat of the Reafon of the Parliament, for interefting me in this thing, and for making the Alteration fuch as it is: Truly, I think, I fhall as to the other Particulars fwallow this, I fhall be very ready to affign particular Objections to clear that to you, that may be either better to clear, or to help me at least to a clearer understanding of the Things for better good, for that I know is in your Hearts as well as mine. Though I cannot prefume that I have any thing to offer to you, that may convince you: But if you will take in good part, I fhall offer fomewhat to every Particular. If you pleafe, as to the firft of the things, I am clear as to the Ground of the thing, being fo put to me, as it hath been put; I think that fome of the Grounds upon which it is done, will very well lead into fuch Objections or Doubts as I may offer, and will be a very great help to me in it; and if you will have me offer this, or that, or the other doubt that may arife methodically, I fhall do it.

I

Lord Whitlock.

Am very much affured, that all this Company is come with the fame 'Affection and faithful Refpect to the publick Settlement, as your Highness hath pleafed to exprefs. For my part, I do with a great deal of Clearnefs and Faithfulness; and in my particular Apprehenfion, I conceive that the Method that your Highness mentioned to proceed in, we may answer; and if any Gentleman be of another Opinion, he will be pleased to correct me in it.

The Parliament taking Confideration of the prefent Government, and the Inftrument that doth eftablifh it, feemeth to my Apprehenfion to be of Opinion, that it was very fit, there fhould be fome Courfe taken for a Settlement in the Government of the Nation, by the Supreme Legislative Power; your Highness and the Parliament concurring together in it, they found the Inftrument of Government in the Originál and Foundation of it, to require this Settlement by the fupreme Legislative Power, in regard of the Original of the other; which they did, as I apprehend by fome Gentlemen's Debates upon it, might be an occafion of fome Doubts, and of lefs Stability, if it were left to continue upon the fame Foundation it is..

That

That it will not be fo clear a Settlement and Foundation for the Prefervation of the Rights and Liberties of the Nation, as if we came to a Settlement by the Supreme Legislative Power; upon that Ground it was taken into Confideration, and a Settlement brought to Effect, upon very folemn, full, and candid Debates among themfelves in Parliament.

Their Intentions, I fuppofe, were only thefe; to provide for the Safety and Peace of the Nations hereafter, to provide for the Rights and Liberties, both Spiritual and Civil, of the People of thefe Nations; and in order to make the beft Provifion they could, for thefe great Concernments of the People, the Petition and Advice which they have humbly prefented to your Highnefs, was brought to a Determination by them.

For that Particular which your Highnefs did formerly intimate, when the Parliament did attend upon you, the Committee of the Parliament, and which you are now pleafed to intimate, concerning the Title, I do humbly apprehend

the Grounds of that to be thefe.

- The Foundation of that Title of Protector being not known by the Law, being a new Title, it was thought, that the Title which is known by the Law of England for many Ages, many hundred of Years together received, and the Laws fitted to it, and that to the Law, that it might be of more Certainty and clear Establishment, and more conformable to the Laws of the Nation; that that Title fhould be that of King, rather than that other of Protector. There is much as to the Effence of the Bufinefs, as fome Gentlemen did apprehend; that the Title should be a known Title, that hath been in all thefe Times and Ages received, and every particular Perfon hath occafion of knowing of it, and of his Rights applied to it: And likewife of the general Rights of the People and their Liberties, which have an Application to that Name, which Application cannot be fo clear and fo certain to a new Title, the Title of Protector. (Some Gentlemen I heard reafon it) that the Title of Protector is only upon the Original and Foundation as it now ftands; but the Title of King, befides the Constitutions by which it fhall be made, will likewife have a Foundation upon the old and known Laws of the Nation; fo that there will be both the prefent Constitution, and likewife the ancient Foundation of the Laws of England to be the Bafis of the Title of King: What Changes of this Nature may bring of Inconvenience with them, can hardly in every Particular be forefeen; but it is imagined, that many will be, that poffibly we may not be able beforehand to comprehend; but there feems to be more of Certainty and Stability, and of the Supreme Authority, civil Sanction upon that Title, than upon the other: This I humbly apprehend to be one Reason, concerning both the Establishment of the whole; and as to that particular, which I think is the first Part of it, your Highness seemed to intimate.

MA

Mafter of the Rolls.

AY it please your Highness, I am very glad that there is fuch a Latitude as we may fhew ourselves here, as I know the Parliament intends to give your Highness all Satisfaction as may be: And truly I fay upon the first Head, which your Highness is pleased to call a Title, as if it were a bare Title, which I must humbly crave Pardon if I do not think, nor the House did not think, but it carries more in it of Weight than a meer Title; for upon due Con

fideration

fideration you fhall find that the whole Body of the Law is carried upon this Wheel, it is not a thing that stands on the top meerly, but runs through the whole Life and Veins of the Law; you cannot almoft make any thing, or do any thing; look upon all our Laws ever fince we had Laws, look upon all the Conftitution, ftill there is fuch an Intereft, not of the Title, but of the Name King, befides the Title, (that is not the Thing) for the Title you may rather tie it to the Perfon than the Thing, but the Word King doth fignify the Perfon. Now, Sir, we do fee in all the Ways of our Proceedings in the maintaining of the Rights, Properties and Interefts of the People, and of the Prerogative of the chief Magiftrate, that the very Office carries on the Business and not the Title, and yet it must be fuch a Title too, as implies the Office, and makes the Office fuitable to the Law; it is the Office that doth dignify the Perfon, not the Perfon the Office: I fhall crave your Highness's Pardon if I speak any thing amifs, we fee that it is the very Office that carries on, and not the Perfon; yet that Office muft have a Suitablenefs. I have obferved all along, that we have had many Debates that have arifen in this Nation about the Thing, but the Ground and Reason why they have adhered to this Title, was for the Maintenance of their Liberties, not for the Change of the Office. I must confefs, I do not fee that the other Title will do the fame Thing; that other Title hath no further Latitude, nor Extent, but the very Inftrument: It goes no further, for the very Inftrument is the Foundation of it; we can find no further Inftrument original: We have had thofe Names heretofore, but never grounded upon the Thing itfelf, but grounded upon the Office of a King; they had no Office, or Duty to perform, but what was under the Office and Duty of a King: It is very true, it is not fo now certainly; for you have now a Title upon that Foundation that is your Inftrument, and it can reach no further; it is a Title that I cannot fee, I must confefs: But if we have a good Magiftrate, and good Officers, it may extend whither it will, it hath no Limit at all; but the chief Magiftrate, if he should prove otherwife, you have no Limit by it by any Rule of Law that I understand: If you please, give me leave to tell you, the very Inftrument does give a Foundation to the Title of Protector, I am fure, to cross if he please, the most fundamental Points that the Law hath. There was a Time when a Prince of this Nation (a very late Time too) would change this Name, and it was a very Blender Change; for it was but from the King of England, to the King of Great Britain, and this was presented to the Parliament; it had a Debate of many Days, and it was refolved there and fettled, that they could not change it: There was fo much Hazard in that Change, they knew not but that all their Rights and Liberties might be thereby altered: and when the King faw he could not obtain it of the Houfe, he declared by Proclamation, that he never intended to take any Name upon him, that should put a Doubt to the Liberties and Privileges of Parliament, and caufed this Proclamation to be put among the Sta. tutes, I may say it indeed, very cunningly to be printed, and put among the Statutes (though indeed it was none;) and because there was a Danger, he laid it down willingly, only (fays he) your Divines in the Pulpits fhall pray for me by the Title (King of Great Britain) and Ambaffadors fhall make their Address by that Name; but in your Laws I will not alter the Name. In the Parliament there was a Question, Whether we should not alter the Name of Parliament, and VOL. III. RS call

Call it, The Reprefentative of the People? But the whole Houfe went upon this Ground, that by changing the Name of Parliament to a Representative," we did not know how it might change the very Courfe, Ground and Reason of Parliament: There is a great deal of thing in the very Name. I remember a very Honourable Perfon, now with God, was then very earnest for it, for having this Name changed, and he did fhew inany Reasons for it; but hearing the Debates and Reasons against it, he fat down and was fatisfied; I think I may name him, it was my Lord Ireton,, who did fay he was fatisfied, it was not fit to be done at that time. It is a famous Story in every Man's Mouth heretofore, when there was but a little Intention to change the Law, it was a general Refolution given by the Lords, Nolumus Leges: Anglia mutare: It is doubted, yea conceived not poffible, to annex the Laws and the Title of Protector together; this I muft fay, we come now with an Intention: of a perfect Settlement, fuch as may give Safety, to the Nation, to your Perfon, to the People: For indeed, Sir, they are very jealous of their Laws and Liberties, and have been in all Ages; and though it may not have an Intention to do fuch a thing, yet if you have a Doubt, it is better and more fafe for the chief Magiftrate, to keep that, which hath no Doubt then.

The Parliament laying their Intereft and their Regard to you together, give you this Advice, this is Vox Populi, for it is the Voice of Three Nations. in one Parliament. Upon publick Intereft the chief Thing is the Safety of the People; that Safety, your Will, your Judgment, nay, give me leave to tell you, your Confcience is bound to it, for it is the principal End of Governmentand Governors: This is prefented to you by three Nations, by the Parliament, although you may make your Hefitations, yet fuch a Thing is great Weight and Confequence: I know this, that what I have faid may feem to imply, as if we should fall upon a Point: By the Laws I can fay in all Generations, this is mine, and this is the Princes, and the Prince cannot do me Wrong, nor the Council do me wrong, &c. Therefore I think you may fafely, and I hope will agree to this Particular, as we have prefented it: I dare not fay that your Highnefs (as it comes as Advice from Parliament) ought to do fo..

The Lord Protector.

I. Cannot deny but the Things that have been spoken, have been fpoken with a great deal of Weight, and it is not fit for me to afk of of you, you have a Mind to fpeak farther of this; but if it had been their Pleafure, truly then I think it would have put me in according to the Method and Way I have conceived to myfelf, to the more Preparedness to have returned fome Answer: And if it had not been to you a Trouble, I am fure the Business requires it from any Man in the World, if he were in any Case, much more from me, to make ferious and true Anfwers, I mean fuch as are not feigned in my own Thoughts, but fuch wherein I exprefs the Truth and Honefty of my Heart, I mean by true Answers. I did hope, that when I had heard you fo far as it is in your Pleasure to speak to this Head,, I fhould have then (taking fome short Notice as I did) have been in a Condition this Afternoon, if it had not been a Trouble to you, to have returned my Anfwer upon a little Advisement with myfelf; but feeing you have not thought it convenient to proceed this way, truly I think I may very well fay, that I had need have a little Thoughts of the thing to return. an Anfwer to it, left your Debate fhould end on my Part, with a very vain.

Difcourfe,

Difcourfe, and with Lightness, which it is very like to do: 1 fay therefore, if you think to proceed farther to fpeak to these things, I fhould have made my own short Animadverfions on the whole this Afternoon, and made fome fhort Reply; and this would have ufhered me in, not only to have given the best Answer I could, but to have made my own Objections.

Lord Chief Justice.

INCE it is your Highness's Pleafure, that it fhould be fpoke now altogether, by those that have any thing to fay, I think it will be the Intent of the Committee and the Parliament, to give your Highness Satisfaction in all Particulars, both Subftance and Circumftance: I confefs I waited for Objections from your Highness, that being the principal Scope of the Order: Truly my Lord, I ftand up with no Confidence that I can add any thing to what hath been faid, but because it pleases your Highness to do us the great Favour to put us to Particulars, I think the Question before you is but fingly thus: I am already Protector, and I have that Office put to the Government, whereby we meet the Parliament now :we defire you to take upon you the Office of King; why do you fo? That which we are to fpeak here, is no other, but that which we can understand was the Senfe of the Parliament, in Juftification of what they have done: I shall not speak any think of the Government itself, but to this Particular, I think the Office of a King is a lawful 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 exercised in this Nation from the Time it hath been a Nation: And I think it is true, that there never was any Quarrel with the Office, but the Male-adminiftration, that I can remember, about the ill Government; Oftentimes Kings have been blamed, and very juftly, for their ill Government, but we do not read that there was any Challenge by the Parliament, that this Government we defire to be difcharged of: If that be true, it is to me a strange Ground, having paft the Scrutiny of so many Parliaments, where they did debate de re, that in all thefe Debates they did not charge it upon the Nation, that the Place is a Burthen in its own Nature, and this too, when Parliaments have had Opportunity to have changed the Government. The name of KING is a Name known by the Law, and the Parliament doth defire that your Highnefs would affume that Title; thefe are the Grounds why the Parliament make it their humble Advice and Request to your Highness, that you would be pleafed to affume that Title, and I think there is fomething more in it: You are now Lord Protector of the three Nations by the Inftrument, and there is a Claufe of this Government, that you should govern according to Law, and your Highnefs is fworn to that Government: The Parliament doth apprehend that it is almoft impoffible for your Highness to answer the Expectation of the People, to be governed by the Laws, and yet you are fo tied up, that neither they can rationally call for it, nor you confcientioufly do it, and fo there is neither Lord Protetor, nor the People, upon a fure Establishment, for there ftands the Cafe: A King hath run through fo many Ages in this Nation, and hath governed the Nation by that Title and Stile, that it is known to the Law; for the Law of the Nation is no otherwife, than what hath been a Cuftom to be practifed, as is approved by the People to be good that's the Law and nothing elfe, excepting Acts Parliament; and now they have been governed by that Title, and by that Mi

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