and his Highness speaks,

answering our arguments of

Thursday last, and indicating still much darkness.

'MY LORDS,'

I have, as well as I could, considered the arguments used by you, the other day, to enforce your conclusion as to that Name and Title, which has been the subject of various Debates and Conferences between us. I shall not now spend your time nor my own much, in recapitulating those arguments, or giving answers to them. Indeed I think they were 'mainly' but the same we formerly had, only with some additional inforcements by new instances: and truly, at this rate of debate, I might spend your time, which I know is very precious; and unless I were 'to end in being' a satisfied person, the time would spin out, and be very unprofitably spent, so it would. I will say a word or two to that only which I think was

new.

'You were pleased to say some things as to the 'power of Parliament, as to the force of a Parliamen'tary sanction in this matter.' What comes from the Parliament in the exercise of their Legislative power, as this Proposal does, I understand this to be an exercise of the Legislative power, and the Laws formerly were always passed in this way of Proposal or Conference,' and the way of Bills is of a newer date, I understand that, I say; but [In short, the Sentence falls prostrate, aud we must start again.] You said, "that what was done by the Parliament now, "and simply made to hang upon this Legislative "power, 'as any Title but that of King will do,' might "seem partly as if it were a thing ex dono, not de jure;

* Glynn, Lenthall, Broghil, Whitlocke (Somers, pp. 371, 2, 384-6).

"a thing that had not the same weight, nor the same "strength, as if it bore a reference to 'the general "Body of the Law that is already in being." I confess there is some argument in that, that is there! But if the degree of strength will be as good without Parliamentary sanction, 'then' [Sentence pauses, never gets started again.] Though it too, 'this Title of Kingship,' comes as a gift from you! I mean as a thing which you either provide for the people or else it will never come to them; so in a sense it comes from you, it is what they cannot otherwise arrive at: therefore in a sense it is ex dono; for whoever helps a man to what he cannot otherwise attain, doth an act that is very near a gift; and you helping them to this Title, it were a kind of gift to them, since otherwise they could not get it 'though theirs' [This Sentence also finds that it will come to nothing, and so calls halt.] But if you do it simply by your Legislative power [Halt again. In what bottomless imbroglios of Constitutional philosophy and crabbed Law-logic, with the Fifth-Monarchy and splenetic Contrariants looking on, is his poor Highness plunging! A ray of natural sagacity now rises on him with guidance.] The question, "What makes such a thing as this more firm?" is not the manner of the settling of it, or the manner of your 'or another's' doing of it; there remains always the grand question after that; the grand question lies, In the acceptance of it by those who are concerned to yield obedience to it and accept it! [Certainly, your Highness; that is worth all the Law-logic in the world] And therefore if a thing [Like this Protectorate, according to your argument, not altogether to mine] hath but, for its root, your Legislative sanction If I may put

-

a "But" to it, 'to that most valid sanction!' I will not do so: for I say, It is as good a foundation as that other, 'which you ascribe to the Kingship, howsoever "grounded in the body of Law." And if that thing, that Protectorate,' be as well accepted, and the other be less well-? Why, then truly it, I shall think, is the better; and then all that I say is founded upon Law too!

Your arguments founded upon the Law do all make for the Kingship. Because, say you, it doth agree with the Law; the Law knows, the People know it, and are likelier to receive satisfaction that way. Those were arguments that have ["had" is truer, but less polite] been used already; and truly I know nothing that I have to add to them. And therefore, I say, those arguments also may stand as we found them and left them already; except, truly, this 'one point.' It hath been said to me [Saluting my Lord Whitlocke slightly with the eye, whose heavy face endeavours to smile in response] that I am a person who meditate to do what never any that were actually Kings of England did: "Refuse the Advice of Parliament." I confess, that runs deep enough, 'that runs' to all; that may be accounted a very great fault in me; and may rise up in judgment against me another time, if my

case be not different from any man's that ever was in the Chief Command and Government of these Nations before. But truly I think, all they that have been in this Office before, and owned in right of Law, were inheritors coming to it by birthright, or if owned by the authority of Parliament, they yet had some previous pretence of title or claim to it. And so, under favour, I think I deserve less blame than any of them

would have done, if I cannot so well comply with this Title, and ‘with' the desire of Parliament in regard to it, as these others might do. For they when they were in, would have taken it for an injury not to be in. Truly such an argument, to them, might be very strong, Why they should not refuse what the Parliament offered! But 'as for me,' I have dealt plainly with you: and I have not complimented with you 'in saying' I have not desired, I have no title to, the Government of these Nations. No title,' but what was taken up in a case of necessity, and as a temporary means to meet the actual emergency; without which we must needs [Have gone you know whither!] - I say we had been all 'topsyturvying now' at the rate of the Printed Book 'you have just got hold of' [Shoreditch STANDARD SET UP, and Painted Lion there], and at the rate of those men that have been seized going into arms, if that expedient had not been taken! That was visible to me as the day, unless I undertook it. And so, it being put upon me, I being then General, as I was General by Act of Parliament, it being 'put' upon me to take the power into my hand after the Assembly of Men that was called together had been dissolved ["I took it, as you all know:" but his Highness blazing off here, as his wont is when that subject rises, the Sentence explodes]

!

Really the thing would have issued itself in this Book: for the Book, I am told, knows an Author [Harrison, they say, is Author]; he was a Leading Person in that Assembly! And now when I say (I speak in the plainness and simplicity of my heart, as before Almighty God), I did out of necessity undertake that 'Business,' which I think no man but myself would

have undertaken, - it hath pleased God that I have been instrumental in keeping the Peace of the Nation to this day. And have kept it under a Title [Protector] which, some say, signifies but a keeping of it to another's use, to a better use; 'a Title' which may improve it to a better use! And this I may say: I have not desired the continuance of my power or place either under one Title or another, that have I not! I say it: If the wisdom of the Parliament could find where to place things so as they might save this Nation and the Interests of it, the Interest of the People of God in the first place; of those Godly honest men, for such a character I reckon them by, who live in the fear of God, and desire to hold forth the excellency of Christ' and a Christian course in their life and conversation [Sentence may be said to burst asunder here for the present, but will gather itself together again perhaps!] I reckon that proceeds from Faith, and 'from' looking to our duties towards Christians, and our humanity to men as men; and to such Liberties and Interests as the People of this Nation are of: and 'I' do look upon that as a standing truth of the Gospel; and whoso lives up to that is a Godly Man in my apprehension! [Looks somewhat animated.] And therefore I say, If the wisdom of this Parliament, I speak not this vainly or as a fool, but as to God, if the wisdom of this Parliament should have found a way to settle the Interests of this Nation, upon the foundations of justice and truth and liberty, to the people of God, and concernments of men as Englishmen [Voice risen into a kind of recitative], . I would have lain at their feet, or at anybody else's feet, that things might have run in such a current! [Your