THE LIBRARY
OF
THE UNIVERSITY
OF CALIFORNIA
LOS ANGELES
,
THE 7
PARLIAMENTARY
O R CONSTITUTIONAL
Hiftory of England,
From the earlieft TIMES,
T O T H E
Reftoration of King CHARLES II.
COLLECTED
From the RECORDS, the ROLLS of Parliament, the JOURNALS of both Houfes, the Publk LIBRARIES, Original MANU- SCRIPTS, fcarce SPEECHSS, and TRACTS j all compared with the feveral Contemporary Writers, and connected, throughout, with the Hiftory of the Times.
By SEVERAL HANDS.
THE SECOND EDITION. IN TWENTY-FOUR VOLUMES.
VOL. XXI. .
From the Meeting of Cromwell's third Parliament, in Seflehitxr, 1656, to the great Confufions in Ofiofar, 1659.
LONDON,
Printed for J. and R. TONSON, and A. MILLAR, in the Strand; and W. SANDBY, in Fleet -Jlreet,
MDCCLXIII,
*,*** * ,*S * * ,*x *
THE
Parliamentary Hiftory
O F
ENGLAND.
Vigorous Profecution of theXVar with fy<7/tf, requiring large Supplies, the Protestor was neceffitated to call a Parliament : But left a new one (hould prove as refractory as thelaft, which, in January, 1654, he had diflblv'd in high Difguft, he refolved to leave no Means unat- tempted to pack together an Aflembly of Men de- voted to his own Ambitious and Arbitrary Defigns. In effecting this his Major-Generals of Counties, of which new Kind of Officers we have taken parti- cular Notice in our laft Volume, were highly fer- viceable"; not only in procuring, by their Influence and Authority, themfelves and their Dependents, fuch as Governors of Caftles and Garrtfons, Colo- nels of Regiments in the Army, Captains of County Troops, Civil Officers, and Relations of the Lord Vet. XXI. A Fro.
inter- regaum, l656-
• Vol. XX.
ttfr?.
127217°
2 'The Parliamentary HISTORY
Inter-regnum. Prote&or, to be chofen ; but alfo in preventing the »656- Election of many Gentlemen of the beft Families c-.-v— ~j ancj Fortunes b. Yet finding, neverthelefs, that a ' SePtember- great Number of Members of the laft Parliament, who had been the moft refolute Oppofers of his Mea- fures, were return'd to ferve in the prefent; and ap- prehenfive he fhould not, therefore, be able, by a Legiflative Sanction, to ratify and eftablifh his Go- vernment, which had hitherto no Authority but what was derived from the Sword, he determined that not a Man mould be permitted to fit in thtf Houfe, without firft producing a Certificate of his being approved by the Council of State.
This Tyrannical Project of Cromwell's, betngthe higheft Infringement of the Liberties of the Nation we have yet met with, in the whole Courfe of thefe Inquiries, we fhall endeavour to inveftigate, and bring together, every authentic Circumftance that can pofiibly contribute to illuftrate fo important a Crifis.
To this End we exhibit a Lift of the Members of this Parliament, diftinguifhing all fuch as were the Dependents or Relations of Cromwell ; and alfo thofe who, though duly return'd by the Sheriffs, were not permitted to fit in the Houfe. „-,
b In the Fifth Volume of Tburloc's State Papers, is a Copy of a Pamphlet, intituled, England's Remembrancer, or a Word in Seafoit to all Englifhmen about their Eleflior.s of Members for the approach- ing Parliament. This Piece, great Numbers whereof were difperfed all over the Nation, feems to have been calculated to fpirit up the People againft the Protector and his Government.
In that Colleftron alfo are feveral Letters from Lord Broghilt, Henry Cromwell, Monck, cJt>ur!oe, M'halley. Lilburne, Haynes, Di/browe, Kelfey, Gaffe, Berry, Bridges, feff. from the Perufal of which may be form'd a juft Idea of the arbitrary Meafures made ule of to fecuie a Majoiity of Members in the P. elector's Intereft, to be return'd
for England, Scotland, and Ire/and. We lhall give an Extract of
one only, as a Specimen of the left.
London, Aug. 12, 1656.
" All our Newes is about the Choyce of Members for Parliament. Where our honeft Soldiers can appeare, a reafonable good Choyce is Inade, but the farther off from London the worfe ; for even here amongft us, under our Nofes, the Ill-affected are fo bould and in- gratefull, as, at Elections, to cry out, Noe Souldiers, noe Courtiers: But curft Cowes have fli.:>rt Homes ; and the Prudence of our Gover- nors, by the fending for up of the reft of the Army, will doubtleii fecure us agaiuft the jaew and old Malignants boaUV'
Gf E N G L A N D. 3
Ttie NAMES of the PERSONS returned to ferve in the Parliament
appointed to meet at Weftminfter, September 17, 1656, fo-i
the fever al COUNTIES, CITIES, TOWNS, BOROUGHS, and
CINQUE PORTS, of the Commonwealth of England, Scotland,
• and Ireland. c
The Members in the Italic Char after were denied Admittance into the Houfc ; and tbofe witl? k prefixed, voted for CromwellV being King. d
BEDFORDSHIRE. OIR William Boteler, Knt.
John Harvey, Efq; Richard Wagftaffe, Efq; as Captain of Fcot,
!, per Ann. and Captain of a County Troop, iooA k Samuel Bedford, Efq; one of the Receivers cf
the Public Revenues, 300 /. per Ann, Richard Edwards, Efq; Bedford T. Thomas Margets, Efq; Judge- Advocate of the
Army, 2737. 15*. par Ann. BERKSHIRE. k William Trumbull, Efq; John Southby, Efq;
k Edmund Dunch, of Eaft- Wittenham, E6j; /- Capt. John Dunch, related to the Lord Pro-
tector by Marriage. k William Hide, EJq-, Mngdon B. Thomas Holt, Efq;
A 2 Rjed.
c Extracted from the Journals, Dr. Willit's Not i tin ParltAmeistaria, the Diaries of the Times, Tburloe, &c.
The Account of the feveral Offices, &c. of which th* Members were poflefled, with their refpe<ftive Value, are taken from a Pamphlet publirtied immediately after the Dillblutioo of the Parliament. - This Piece, which is wrote with equal Truth and Refentment, is intituled, A Narrative of the latt Parliament, (ft called) their flefiion and Appearing 5 the Stcfajion of a great Part of then ; the Sitting of the rejt. tfitb an Account of tbf Places of Profit, Salaries, and Advantages, ivbtcb t&ev bold and receive under the prefent P fiver. With feme Queritt thereupon ; and upon the mojl material Aeit 'and Proceedings paff'ed by them. All Jbumtly prefuifcd to Confederation ; publified for Information of tbe People, hy a Friend to the Commonwealth, and to its J^dr-bought Right; end L:l>t>tict. — It was communicated b> tlic Rev. Dr. Birch, Se- cretary to the Royal Society ; to whom ihe Authors of this Work are much obliged for feveral valuable Materials.
d It is remarkable that fome of thofc Members who were denied their Seats in the Houfe, at the Opening of the Parliament, afterwards voted for making of Croimuetl King. - That they were at firft refnftd Admittance, as not being approved by the Council, is copfitm'd by the Journals ; and yet, from the frequent Mention of their Names in thofc Authorities afterwards, as Tellers, (&c. it is evident they got in by fome Means or other. It is not improbable, therefore, that their promiJTnp tovotj fat the Pjotcftor's Advancement to the Crown, was the Price of their Admjdiou§
Aylefbury B. Dipping - fff
comb B. CAMBRIDGE-
4 The Parliamentary HISTORY
Reading B. Daniel Blagrave, Efq;
BUCKINGHAM- k Rt. Hon. Bulftrode Whitlocke, as Commif- SHIRE. fioner of the Treafury, iooo 7. per Ann. his
Son a Colonel in the Army, and made a
Knight by the Lord Protector, Jan. 6, 1656* Sir Richard Piggot, Knt. Richard Grenville^ Efa; k Richard Ingoldfby, Efq; Colonel of Horfe,
4747. ioj. per Ann. The Protector's Kinf-
man.
k Richard Hampden, Efq; Buckingham T. k Francis Ingoldfby, Efq; a Relation to the Lord
Protector.
Thomas Scott^ of Lamleth-Houfe^ Efq; Maj. Gen. Tobias Bridge, Colonel of Horfe,
4747. 10 s. per Ann.
k Sit Francis Rufiel, Bart. Chamberlain of Che- Jter, 500 7. per Ann. One of his Daughters
married the Lord Protector's fecond Son. Robert Caftle, Efq; Henry Pickering, Efqj k Robert Weft, Efq; Rt. Hon. Lord Richard Cromwell, Chancellor
of the Univerfity. Eldeft Son of the Lord
Protector.
Richard Tymbes, Alderman. k Rt. Hon. John Thurloe, Principal Secretary
of State, and Poftmafter of England. William Fijher, Efq; Sir George Booth, Bart. Thomas Marbury, of Marbury, Efq; k Richard Legh, ofLyme, Efq; k Major Peter Brooke, of Reddifli. Edward Bradfhaw, Efq; Rt. Hon. Francis Roufe^ as one of his High-
nefs's Council. iooo7. per Ann. and Provoft
of Eaton College, 500 7. Anthony Nichols, of Penrofe, Efq; k Richard Carter, of Colomb-Major, Efq; Thomas Ceeley, of Trevifham, Efq; William Braddon, Efq; Captain of a County
Troop, 1 00 7. ptr Ann.
SHIRE.
Cambridge Uni- verfity.
Cambridge T. Me of £7.
CHESHIRE.
Chefler C. CORNWALL.
Of ENGLAND.
5
Launcefton B. Truro B. Penryn B.
John St. Aubyn, of Clowance, Efq;
Col. Anthony Roufe, Vice -Admiral of the North and South Coafts of Cornwall.
Walter Moyle, of Bake, Efq-,
Thomas Gewen, of Bradridge^ Efq;
Walter Vincent, Efq-t
John Fox, Efq; Recorder of this Borough, Governor of Pendennis Caftle, and Captain of Horfe. The Protector's Kinfman.
MiddIeTemPle» CUMBERLAND, k Maj. Gen. Charles Howard, as Colonel of Foot, 3657. per Ann. and Captain of a Coun- ty Troop, ioo/. alfo Governor of Berwick , Carlijle, and Tinmsuth. k William Brifcoe,Efq; Colonel of Foot, 3657.
per Ann.
Carlijle C. k George Downing, Efq; as one of the Tellers
of the Exchequer in England, 500 /. per Ann. and, as Scout- Mafter General of Scotland,
3*5'- DERBYSHIRE. John Cell, Efq\
Sir Samuel Sleigh, Knt.
Thomas Saunders, Efq;
German Pole, Efq;
Derby T. k Gervafe Bennet, Efq; one of the Committee
for the Prefervation of the Excife and Cuf- toms, 300 /. per Ann. alfo a valuable Place in the Wine-Office, and one of the Commit- tee for the Army. DEVONSHIRE. Sir John Northcot, Bart.
Sir John Young, Knt.
Robert Rolle, Efq;
Arthur Upton, Efq; a Commiflioner of the Cuf- toms, fuppofed to be worth near 8oo/. per Ann.
Thomas Reyncll, Efq;
William Morrice, of Werringtony Efq\
Capt. Henry Hatfel, Commiflioner of the Navy at Plymouth, 300 /. per Ann.
Edmund Fowel, Efq;
A 3 John
Exeter C. Plymouth B.
Cllftonl &art; mouth, Hard-
nejs, is. Totnefs B.
B.
Tiverton B. Honyton B. DORSETSHIRE.
Dorcbe/lfr, Weymoiitb and
The Parliamentary HISTORV
John Hele, Efy;
"John Dodderidge, Efq\
Thomas Saunders, Efq; Major of Foot, ancf
Governor of Plymouth.
Thomas Bampfield, Efq; Recorder of this City. Thomas Weftlake, Gent. Town-Clerk. Job*1 Maynard, Serjeant at Law, call'd to the
Bar by a Writ of the Lord Proteftor^ Jan. 19,
.1653- Timothy Alfop, Merchant.
Ed ward Hopkins, Efq; a Commiffioner of the Admir,ltyj 5OO /. ^ ^
Chriftopher Maynard, Merchant,
Sir John Copplefton, Colonel of a County Re- giment. Knighted by the Lord Prote&or, June I, 1655.
Robert Shapcot, of Broadmarfh, Efq;
Major Samuel Searle.
Rt. Hon. William Sydenham, as one of his Highnefs's Council, iooo/. per Ann. and as a Commiffioner of the Treafury, iooo /. be-r fides the Government of the Ifle of JVight.
k Col. John Bingham, Governor of Guernfey.
Robert Coker, Efq;
£ Col. John Fitz- James.
James Dewey, Efq;
John Trenchard, Efq;
John Whiteway, Efq;
Dennis Bond> E(q. Comptroller of the Re* CeiptS in the Exchecluer> 5°0/- Per Ann- Lyme-Regis B. k Edmund Prideaux, Efq; Attorney-General to the State. His Fee for every Patent and Pardon, 5/. each. His Place fuppofed worth near 6000 /. per Ann. Poole T. Edward Boteler, Efq; one of the Receivers of
the Public Revenues, 300 /. per Ann. DURHAM. k Thomas Lilburn, of Ufferton, Efq; Captain
of Horfe, 2737. per Ann. James C layering, Efq\
Durham C. k Anthony Smith, Alderman, Mafter of an
Hof-
Of ENGLAND. 7
Hofpital, and one of the Regifters of Mar- riages, &c. there, 2OO /. per Ann, llesEX. Sir Thomas Honeywood, Knt.
Dionyfius Wakering, Efq; Henry Alildmay, of Graces, Efq; Carew Mildmay, Efq; Sir Richard Everard, Bart. Robert Barringron, of Weftminfter, Efq; a
Relation of the Lord Protector. • Dudley Temple, Efq; Oliver Raymond^ Efq', Edward Turner, Ejq; Sir Thomas Bowes, Knt. Hezekiah Haynes, Efq; Major of Horfe, 3587.
13*. 4^. per Ann. John Archer, Efq; Sir Harbottle Grimjlon, Bart. Colchefler B. Rt. Hon. Henry Lawrence, Prefident of the
Lord Protedlor's Council, loool.-prr Ann. John Maidftone, Efq; Steward of his High-
nefs's Houfliold.
Maiden B. Joachim Matthews, Efq; Recorder.
GLOUCESTER- George Berkeley, Efq; SHIRE. John Howe, Efq;
John Crofts, Efq; Captain of a County Troop,
IOO/. per Ann.
Baynham Throckmorton, Efq; William Neaft, Efq;
Gloucefler C. Rt. Hon. Maj. Gen. John Difbrowe, made his Election for Somerfetjhire. In his Place, k James Stephens, Alderman. Thomas Pury, jun. Efq; Tewk/bury B. Francis White, of Weftminfter, Efq; Colonel
of Foot, 365 /. per Ann.
Cirencejler B. k Capt. John Stone, of Weftminfter, as Teller in the Exchequer, 500 /. per Ann. as Re- ceiver-General of the Taxes, 300 /. and as Comptroller of the Excife and Cuftoms, 400 /. alfo a Commiffioner of the Wine- Office.
HEREFORD- Major-General Berry, made his Election for SHIRE. jyorcejlerjbire.
Parliamentary HISTORY
Edward Harley, Efq;
Bennet Hofkins, Efq; one of the Welch Judge? for the Shires of Pembroke, Carmarthen, and Cardigan. k Benjamin Mafon, Efq; Lieutenant of a
County Troop. Hereford C. Col. Wroth Rogers, Governor of this City,
and Captain of a County Troop. LeominJIer B. Jahn Birch, Efq; HERTFORD- k William Earl of Soli/bury. SHIRE. k Sir Richard Lucy, Bart.
Sir John JPitteiurong, of Harding , Knt* Sir John Gore, Knt. Rowland Litton, of Knebworth, Efq; St. Allans B. Col. Alban Cox, Captain of a County Troop,
ioo/. per Ann.
Hertford T. Ifaac Pulter, Efq;
HUNTINGDON- k Rt. Hon. Edward Montagu, as one of his
SHIRE., Highnefs's Council, iooo/. per Ann. as a
Commiflioner of the Treafury, iooo/. and
General at Sea, 1095 /.
h Col. Henry Cromwell, jun. of Ramfay. The
Protestor's Nephew. Nicholas Pedley, Efq; a Commiflioner of the
Wine-Office at IVeftminftcr.
Huntingdon T. John Barnard, Efq; of this Borough. KENT. JohnDixwell, Efq;
William James, Efq; Henry Oxenden, Efq; Sir Thomas Style, Bart. John Boys, of Eettejhanger, Efq; Lambert Godfrey, Efq; Recorder of Maidjlone* Richard Beale, Efq; John Selliard, Efq; Ralph Welden, Efq; Richard Meredith, Efq; Daniel Shatterden, Efq; Canterbury C. Thomas St. Nicholas, Efq;
Vincent Denn, Efq; Rochefter C. Hon. John Parker, one of the Barons of the
Exchequer, iooo/. per Ann, Maid/lone B. John Bankes, Efq;
Lancafttr T. Prejhn B. Liverpool B. Manckejler B. LEICESTER*
SHIRE,
Ltutjler T.
Efq;
O/ ENGLAND. 9
Queenborough B. Gabriel Livefey, Efq; LANCASHIRE. Sir Richard Houghton, Bart.
k Col. Gilbert Ireland, Captain of a County Troop, loo/, per Ann.
Col. Richard Holland.
Col. Richard Standifh.
Major Henry Porter.
Col. Richard Shuttleworth.
Thomas Birch. Efq;
Richard Radcli/e, Efq\
Col. Thomas Beaumont, of Stoughton* Grainge.
k Francis Hacker, of Oakham, in Rutland- fhire, Efq; Colonel of Horfe, 474.7. IOJ. per Ann.
William Quarles, ofEnderby, Efq;
Thomas Pochen, of Barkely Thorpe,
Sir Arthur Hafierigg, of A cjelyy Bart.
William Stanley, Efq; LINCOLNSHIRE. Thomas Hall, of Dunnington, Efqj
Thomas Lifter, of Colby, Ejq\
Thomas Hatcher, of Carleton, Efq;
Edward Rofiiter, of Somerby, Efq;
Charles Hall, of Kettlethorpe, Elq-y
William Woolley, ef Will, Efq;
k Francis Clifton, <7//rfjFiennes, of Great Stour- ton, Efq; Captain of a County Troop, 100 /. per Ann.
William Savile^ of Newton, Efq\
William Welby, of Denton, Ejq;
Charles Hujfey, of Hunnington, Efq\
Origen Peart, Efq;
Humphrey Walcot, Efq;
Sir Anthony Irby, Knt.
William Ellis, Efq; Solicitor- General to the>
State, worth about 3000 /. per Ann. Stamford R. John Weaver, Efq', Grim/by. William Wrav, Efq;
MIDDLESEX. Sir John Barkftead, as Captain of Foot, 1467. per Ann. Major-General for Middlesex and Weftminfter, 6661. i$s. ±d- and as Lieu- tenant of the Tower, 250 /. Salary, befides
the
Lincoln C*
Eoftcn T. Grant ham B.
lo *Tfo Parliamentary HISTORY
the Perquifites of that Office, about 2000 /. per Ann. more. Knighted by the Lord Pro- tector Jan. 19, 1655.
k Sir William Roberts, Knt. as one of the Committee for Prefervation of the Excife and Cuftoms, 300 A per Ann. and as Comptrol- ler of the Exchequer, 600 /• alfo a Com- jniffioner of the Wine- Office, and one of the Committee for the Army. Chaloner Chute, Efq; Col. William Kiffen, Captain of a County
Troop, ioo/. per Ann.
Weflminfter C. Col. Edward Grofvenor, Quarter-Mafter Ge- neral, 4IQ/. lOs. per Ann. e Edward Carey, Efq; Deputy to the High Stew- ard of this City and Liberties. London C. k Thomas Foot, Alderman. .
k Sir Chriftopher Packe, Alderman. Knighted by the Lord Protector September 20, 1655. Thomas Adams, Alderman. Richard Brown, Efq; Theophilus Biddulph, Efq; John Jones i Efq;
'MoNMOUTH- Major-General Berry, made his Election for
SHIRE, Worcefterjhire. In his Place, Nathaniel
Waterhoufe, of Weftminfter, Efq; Steward
to the Lord Protector for his Highnefs's
Lands in Wales.
Capt. John Nicholas, Governor of Chepftow Caftle, Captain of Foot, alfo of a Militia Troop, and Treafurer- General of South- Wales. He married the Lord Protector's Niece. k Sir Edward Herbert, Knt. Overfeer, or Chief Bailiff, of the Lord Protector's Lands in Wales. NORFOLK. Rt. Hon. Charles Fleetwood, as one of his
Highnefs's Council, iooo/. per Ann. Lord Deputy of Ireland, 36407. Colonel of Horfe there, 474 /. IQS. and of Foot, 3657. Alfo Colonel of Horfe in England, 474 /, IOJ. and Major-General of the Counties of Ox-
ford,
c In order to carry this Eleftion many of the Soldiers threw off their Uniform, put on other Clothes, and polled as Houfekeepers. Narrative before cited.
Norwich C.
Of ENGLAND. M
ford) Buckingham, Hertford, Cambridge and Ifle of Ely, E/ex, Norfolk, and Suffolk ; the Protestor's Sen -in- Law, having, married his cldeft Daughter, Bridget, Irctons Widow.
Sir John Hobart, Bart.
Sir William D'Oiley, Knt.
Sir Ralph Hare, Bart.
Sir Horatio Townftiend, Bart.
Philip Woodhoufe, Efq;
k Col. Robert Wilton.
k Col. Robert Wood.
k John Buxton, Efq;
Thomas Mother ton, Efq;
Bernard Church, Efq;
John Hobart, Efq;
T. Major-General Difbrowe, made his Election
for Somerf etjhire. In his Place, Guibbon Goddard, Efq-, Recorder. Rt. Hon. Philip Skippon, as one of his High- nefs's Council, 1000 A per Ann. and Major- General of London, 666 /. 1 3 s. 4.0".
Great Yarmouth Charles George Cocke, one of the Judges of T. the Admiralty, 500 /. per Ann. and as Com-
miflioner of the Prerogative Court, 300 /. Major William Burton.
NORTH AMP- Rt. Hon. Sir Gilbert Pickering, Bart, as one TONSHIRE. of his Highnefs's Council, iooo/. per Ann.
alfo Chamberlain of the Court, and High Steward of Weflminjler.
k Rt. Hon. John Lord Cleypole, Son-in-Law to the Lord Protedror, having married his fe- cond Daughter, Elizabeth; and Matter of the Horfe to his Highnefs. William Boteler, Efq; as Major of Horfe, 3587. 13*. 4</. per Ann. and Major-General of the Counties of Northampton, Bedford, Rut" land, and Huntingdon, 6661. 13*. 4 d. James Langham, of Cottefbrooke, Efq; Thomas Crew, of Stene, Efq; Alexander Blake, Efq; one of the Receivers of
the Public Revenues, 300 /. per Ann. Peterborough C. Francis St. John, Efq;
North-
JLXISD,
upon
12 The Parliamentary HISTORY
Northampton T. Francis Hervey, of Wefton-Favell, Efq;
L- William Fenwick, of Wallington, Efq; Mafter of Sherborn Hofpital.
Rt. Hon. Sir Thomas Widdrington, Knt. Re- corder of York, as Speaker of the Houfe, 35 /. per Week, befides 5/. for every private Act patted, and 5/. for every Stranger na- turaliz'd ; alfo a Commiffioner of the Trea- fury, 1000 /. per Ann.
Robert Fenwick, of Bedljngton, Efq;
Rt. Hon. Walter Strickland, as one of his Highnefs's Council, IOOO/. per Ann. alfo Captain of his Grey-Coat Foot- Guard at Whitehall.
Col. George Fenwick^ of Brenkbornfy Governor
of Leith.
NOTTINGHAM- Edward Whalley, Efq; as CommifTary- General of the Horfe, 273 /. 155. per Ann. as Colo- nel of a Regiment of Horfe, 474.7. ioj. and as Major- General of the Counties of Lincoln, Nottingham, Derby, Warwick, and Leicejier^ 666 7. 13 s. Afd.
Edward Cludd, Efq; one of the Committee for the Army.
Edward Nevil, Efq;
Peni/lon Whalley, Efq\
T.
SHIRE.
Nottingham T. Col. James Chadwick, one of the Judges of
the Peverel Court at Nottingham, an old op-
preflive Office newly revived by the Lord
Prote&or.
William Drury, Alderman. . Lord Deputy Fleetwood, made his Election for
Norfolk. k William Lenthall, Efq; late Speaker of the
Long Parliament, Mafter of the Rolls, worth
about 2OOO /. per Ann. k Robert Jenkinfon, Efq; k Miles Fleetwood, Efq; one of the Clerks of
the Privy-Seal, about 500 /. per Ann. k Sir Francis Norris, Knt. k Rt. Hon. Nathaniel Fiennes, as one of his
Highnefs's Council, icoo/. per Ann. a
Com-
Oxford Univer- fry.
QxfordC, (food/lock E.
RUTLAND- SHIRE. SHROPSHIRE,
Shrew/bury. Bridgnortb B,
Ludlow B, SOMERSET- SHIRE.
Bath C.
Of ENGLAND. 13
Commiffioner of the Great- Seal iooo/. and, as Keeper of the Privy-Seal, fuppofed iooo/. more.
k Richard Croke, Efq; Recorder.
Major- General William Packer, as Colonel of Horfe, 474 /. ioj. per Ann.
William Shields, Efq;
Abel Barker^ Efq-,
Thomas Mackworth, Efq; Farmer of the Ex- cife in Lancajhire.
Philip Young, Efq; , Col. Samuel Moore.
Col. Andrew Lloyd.
Col. Humphrey Maekworth, Governor of the Garrifon there.
Samuel Jones, Efq\
Edward Waring, Efq; Captain of a County Troop, ioo/. per Ann. and a Farmer of the Excife.
£ John AJlon, Efq\
Rt. Hon. Major-General John Difbrowe, as one of his Highnefs's Council, iooo/. per Ann. General at Sea, 10957. Col. of Horfe, 474 /. 10 s. as Major-General of the Coun- ties of Gloucejier> Wilts, Dorfet, Somerfet* Devon^ and Cornwall^ 666 /. 13*. 4</. He married the Lord Protector's Sifter.
John Euckland, Ef&
Alexander Pop ham , Efq;
Robert Long, Efq',
k Col. John Gorges, Captain of a County Troop, iQol.perAnn.
Francis Luttrell, Efq;
k John Afhe, Efq;
John Harrington, Efq;
k Sir Liflebone Long, Recorder of London^ Knighted by the Lord Prote&or Dec.i 5, 1665,
William Wyndham, Efq;
Francis Rolle, Efq;
k Robert Aldworth, Efq;
John Doditeridge* Efq\
James Aflje, Efq; Recorder,
H
Welh C.
The Parliamentary HISTORY
John Jenkyn, Efq; Captain of Horfe, 2737. per
Ann.
Taunton B, Robert Blake, Efq; as General at Sea, 1095 ^
per jinn, befides other Advantages.
Col. Thomas Gorges, one of the Commif- iioners for the Taxes upon new Buildings about London and IVeftminJler* Bridge-water B. k Sir Thomas Wroth, Knt. SOUTHAMP- Rt. Hon. Lord Richard Cromwell, made 'his TONSHIRE. Election for the Univeriity of Cambridge.
Major- General William Goffe, as Colonel of Horfe, 474/. IGJ. per Ann. and as Major- General of the Counties of SuJJex^ Southamp- ton, and Berks, 6661. 13*. \d.
Robert Wallop, of Hurfley, Efq;
Richard Norton, of South wick, Efq; Colonel of a Regiment of Foot, and Governor of Portf* mouth.
Thomas Cole, of Lifs, Efq;
John Bulk ley i of Over-Burget, Efa
Richard Cobb, of King's- Gate- Street, Efq; -
IVincheftr C.
Edward Hooper, of South-Stoneham, John Hildefley, of Hinton, :
Portfmoutb T. Ifaot Wight.
Efq; aCommiifion-
er of the Prerogative Office, 300 /. per Ann.
and one of the Committee for the Army. Southampton T. k Rt. Hon. John Lifle, one of the Commiffion-
ers of the Great Seal, iooo/. per Ann. k Thomas Smith, Efq; Commiffioner of the
Navy, 300 /. per Ann. Col. William Sydenham, made his Election
for Dorfet/hire. In his Place, Roger Hill,
Efq; one of the Barons of the Exchequer,
IOOO/. per Ann. k Capt.Thomas Bowerman, Deputy-Governor
of the Tfle of Wight, with the Command of
the Caftles of Sandotvn and Weymouth^ alfo
a Captain of Foot.
Thomas Huffey, of Huno;erford-Park, Efq; k Rt. Hon. Sir Charles Wolfeley, Bart, as one
of his Highnefs's Council, iooo/. per Ann. Thomas Crompton. Efq; k Thomas Whitegrave, Efqj Captain of a
County
Andover B. STAFFORD- SHIRE.
Litcbfield C. Sta/ord T.
Newcajlle un- der Line. SUFFOLK.
Of E N G L A N D. 15
County Troop, ioo/. per Ann. Thomas Minors, Efq; k Martin Noel, of London, Scrivener. Has a
Share in the Pott- Office with Secretary
Thurloe.
John Bowycr, Efq\
Sir Henry Felton, ofPlayford, Bart. SirThomasBarnardifton, of Keddington, Knt. Henry North, of Wyckombrook, Efq\ Edmund Harvey , of Wyckombjkeyth, Efq\ Edward Le Neve, of Bre ttenham, Efq\ John SickUmore, of Ipfwich, Efq\ William B/oys, of Ipjwich, Efq; William-Gibbet, of Stoke- Nayiand, Efq\ k Robert Brewfter, of Wrentham, Efq; Daniel Wall, of Stratford, Efq;
tpfivtch T. k Nathaniel Bacon,
St. Edmundf- bury B. • .
Dunwicb B. Sudbury B, SURREY.
Maers of
. Re-
Southward B. GuildfordZ.
Samuel Moody, Efq;
John Clarke, Efq; as Colonel of Foot, 3657. per Ann. as a Commiflioner of the Admi- ralty, 500 /. He married Secretary Tkurfae's Sifter.
Francis Brewfter, of Wrentham, Efqj
Col. John Fothergill.
•k Sir Richard Onflow, Knt.
Arthur Onflow, Efq;
k Francis Drake, Efq;
Maj. Lewis Audley, a Place in the Ordnance- Office, 300 /. per Ann. Captain of a County Troop, and a Deputy-Major-General for this County and Kent.
k George Duncomhe, Efq;
Capt. John Black well, Treafurer of the Army, 600 /. per Ann.
Samuel Highland, Efq;
k Peter De la Noy, Efq;
Maj. Gen. Kelfey, made his Election for Do- ver. In his Place, John Hewfon, Efq; Co- lonel ttf Foot, and Governor of Dublin.
t
16
JRyegate B.
SUSSEX.
fbe Parliamentary HISTOHV
Sir Thomas Pryde, an Colonel of Foot, 365 /» per Ann. belide? his great Profit as Brewer to the State. His Daughter married a Nephew of the Protedtor, who knighted him Jan. 19,
Clichefter C. Lewes B. JEaft-Grinftead'R Arundel B.
WARWICK- SHIRE.
Coventry C.
Warwick B.
WESTMORE-
LAND.
WILTSHIRE.
nt. A Relation of the
Herbert Morley^ ofG/yne, Efq\ Sir John Pelham, Bart. John Fagg, of Whiflon^ Efq; JohnStapley, Efq; Anthony Shirley, £fq; George Courthorpe, ofTyfeburJl^ Efqi Sir Thomas Riven* Bart. Sir Thomas Parker, Knt. Samuel Gott, Efq\ Henry Peckham, Efq-9 Anthony Scapley, £fq; .kJohn Goodwin, Efq\ k Sir John Trevor, Kn
Lord Protestor.
k Richard Lucy, Efq; a Commiflioner of the Prerogative Office, 300 /. per Ann. and one of the Committee for the Army* Sir Roger Burgoyne, Knt. Edward Peyto, E-q; Jofeph Hawkfworth, Efq; Governor of War-
wick Caftle, and Captain ®f Foot. t Major Robert Beake, a Commiflioner of the
Admiralty, 500 /. per Ann. Col. William Purefoy. k Clement Throckmorton^ Efq\ Chriftopher Lifter, Efq; one of the Tellers e£
the Exchequer, 500 /. per Ann* Thomas Burton, E(q; Sir Anthony Ajhiey Cooper* Bart. Sir Walter St. John, Bart. Sir Alexander Popham, Knt. Thomas Grove, Efq; Alexander Thiftlethwaite, Efq; John Bulkley, Efo Richard Grubharn Howe, Efq; William Ludlow, of Clarendon-Park, Efq; Captain of a County Troop, ioo/. per Ann.
Henry
Of E N G L A N D. 17
Henry Hungerfordy of Farleigh-CaJIIey Efq\
k Gabriel Martin, Efqj SalfiuryC. Edward Tooker, Efq;
James Heeley, Efq; Lieutenant of a County
Troop. Marlborough B. Jeremy Sankey, Efq; Colonel of Horfe in 7r*-
landy 474 /• IOJ. />*r v/«». Devizes B. Edward Scotten, Efq; Captain of Horfe, 273/.
/>*r y/»«.
WORCESTER- Maj. Gen. James Berry, Colonel of Horfe,
SHIRE. 474 /. \ss.perAnn. and Major- General of
the Counties of JVorceJler, Hereford^ and Sa-
lop, and alfo of North-Wales^ 6661. 13 s. ^d.
k Sir Thomas Roufe, Bart.
k Edward Pitt, of Kiere-Park, Efq;
Nicholas Lechmere, Efqj Attorney of the Duchy of Lancafler.
John Nanfan, Efq;
Edmund Giles, Efq; one of the Mafters in Chancery. He married a Relation of the Lord Protector.
William Collins, Efq;
Sir William Strickland, Bart.
Col. Hugh Bethell,
Richard Darky , Efq;
Henry Darley^ Efq;
Rt. Hon. Lord Lambert, as one of his High- nefs's Council, iooo/. per Ann. a Major- General of the Army, 3657. Colonel of a Regiment of Horfe, 474 /. los. of a Regi- ment of Foot, 365 /. and, as Major-General of the fiveNorthern Counties, 666A 13*. 4</. alfo one of the Lords of the Cinque Ports.
Francis Thorp t Efq; Serjeant at Law.
Ccl. Henry Ternpejl,
Henry Artkingtcn, Efq;
Capt. Edward Gill,
'Jchn Stanhope, Efq; North-Riding. George Lord Eurc.
Maj. Gen. Robert Lilburne, Colonel of Horfe,
474 /. 10 s. per Ann. VOL. XXI. B Luke
Worccfier C.
YORKSHIRE.
Eajl-Riding.
TVeJl-R'iding.
i
1 8 The Parliamentary HISTORY
Luke Robinfon, Efq; Francis Lafcelles, Efq;
York C. Sir Thomas Widdrington, Knt. made his Elec-
tion for Northumberland, In his Place Johri Geldart, Alderman : He was Lord Mayor of York in 1653, and prefented an Addrefe of Congratulation from that City to Crom- Ivelly upon his Advancement to the Protec- torate. See Vol. 20, p. 277. Sir Thomas Dickenfon, Alderman. Knighted by the Lord Protedtor, March 3, 1656.
KingJJon on Hull. William Lifter, Efq; Recorder.
Beverley B. Francis Thorpe , Efq; Serjeant at Law.
Scarbrtugh B. Edward Salmon, of Havering in Effex, Efq; as Colonel of Foot, 3657. per Ann. and Com- miflioner of the Admiralty, 500 /.
Richmond B. k John Bathurft, M. D.
Leeds. Adam Baynes, Efq; as Captain of Horfe, 273 /.
per Ann. and as one of the Committee for Prefervation of Excife and Cuftoms, 300 /.
Halifax. Jeremy Bentley, Efq;
C I N d U E PORTS.
Dover. Lieut. Col. Kelfey, as Commiflioner of the
Admiralty, 500 /. per Ann. as Major-Ge- neral of the Counties of Kent and Surrey, 6661. 131. 4</. alfo Governor of Dover Caftle.
Sandwich. James Thurbarne, Efq-y
Rye. William Hay, Efq;
WALES. ANGLESEY. k Col. George Twifleton.
k Griffith Bodville, Efq; A Commiflioner of
the Wine- Office at Weftminfter.
BRECON. Rt. Hon. Col. Philip Jones, made his Election
for Glamorgan/hire. In his Place, Robert Nicholas, Efq; one of the Barons of the Ex- chequer, i ooo /. per Ann. Evan Lewis, Efq; Captain of a County Troop. CARDIGAN. Col. James Philips, made his Election for Pern- brokejhire. In his Place, Col. James Lewis.
Col.
O/* ENGLAND. 19
k Col. John Clarke, one of the Commiffioners
of the Admiralty, 500 /. per Ann.
CARMARTHEN. Rt. Hon. Lord Cleypole : Made his Election for Northamptonjlnre. In his Place, Robert Atkins, Efq;
Col. Rowland Dawkins, as Maj. Gen. of Man- mouthjhire and South-Wales, 6667. 13*. 4^. per Ann. alfo Governor of Carmarthen. CARNARVON, k Henry Lawrence, Efq; Son to the Lord Pre-
fident of his Highnefs's Council, k Robert Williams, of Conway, Efq; a Rela- tion of the Lord Protector.
DENBIGH. Col. John Jones, made his Election for Meri-
oneth. In his Place Col. Simon Theloall. k Col. John Carter. FLINT. k Rt. Hon. John Glynn, Lord Chief Juflice of
the Upper Bench, 1000 /. per Ann. k John Trevor, Elq; a Relation of the Lord
Protect or.
GLAMORGAN, k Col. Philip Jones, as one of his Highnefs's Council, 1000 /. per Ann. Steward of the Lord Protector's Lands in Wales, and Cuftos Rotulorum of two Counties there. Edmund Thomas, Efq; Caerdlff T. John Price, Efq; Receiver-General of South-
Wales.
MERIONETH. Col. John Jones, Governor of the Ifle of Angle- fey. He married the Lord Protector's Sifter. MONTGOMERY. £ Hugh Price, Efq; Captain of a County Troop,
and Governor of Red-Cajlle. k Charles Lloyd, of Garth, Efq; PEMBROKE. k Col. James Philips, one of the Committee of
the Army.
Col. John Clarke, made his Election for Car- digunjhire. In his Place, Sir John Tho- roughgood, Knt. one of the Truftees for dif- pofing of Augmentations for the better Main- tenance of Miniftersi for which he has a confiderable Salary.
llt.i-erford-iyejl.k John Upton, Efq; one of the Commiilioners of the Cuftoms,
B 2 RAD-
20 The Parliamentary HISTORY
RADNOR. George Gwynn, Efq;
Henry Williams, Efq;
SCOTLAND.
SHIRES. Rofs, Sutherland, znACromarty^ Dr. Thomas Clarges, ofWefl:-
minfter. Invernefs, Thomas Fitch, Efq; Colonel of Foot, 3657. per Ann.
and Governor of Inverness. Bamjfi k Dr. Alexander Douglas.
Aberdeen^ William Mitchel, Efq; Colonel of Foot, 3657. per Ann. Forfar and Kinkardine, k Colonel David Barclay, of Urie. Fife and Kinrofs, k Sir John Wemyfs, of Bogie, Knt. Tenant to
the State for the Salt Pans near Leitb, a very benefi- cial Place. Perthy Sir Edward Rhodes, one of his Highnefs's Council for
Scotland.
Linlithgow, Stirling, and Clackmannan, k Godfrey Rhodes, Efq; Dumbarton, Argyle, and Bute, k Capt. John Lockhart. Aire and Renfre^v, k William Lord Cochran, of Dundonald. Lanerk, k Col. William Lockhart, of Lee, one of his High- nefs's Council in Scotland. Mid-Lothian, Samuel Difbrowe, Efq; one of his Highnefs's
Council in Scotland, Son to the Major- General. Merce, John Swinton, of Swinton, Efq; one of the Judges of
Scotland, 600 /. per Ann. Roxborough, William Ker, of Newton, Efq; Selkirk and Peebles, Henry WThalley, Efq; Judge-Advocate of
the Army \nScotland, 273!. i$s. per Ann. Brother
to the Commiflary-General. Dumfries, George Smith, Efq; one of the Judges in Scotland,,,
600 /. per Ann. Wigton, Sir James MacDowel, of Garthland, Knt. one of the
Commiffioners of the Cuftoms at Leitb, about 300 /.
per Ann.
Eaft-Lothian, k John Earl of Tweedale. Orkney, Zetland, and Caithnefs, Col. Robert Stewart. Elgin and Nairn, k Richard Beake, Efq; He married the Lord
Protector's Niece, and a Captain in his Highnefs's
Life- Guard, 51 1 /. per Ann.
CITIES
Of ENGLAND. 21
CITIES and BOROUGHS.
Edinburgh k Roger Boyle, Lord Broghill, Prefident of his High- nefs's Council in Scotland, made his Election for the County of Cork in Ireland, k Andrew Ramfay, Efq; Lord Provoft of Edinburgh.
Dornoch, Tayne, Invernefs, Dingwall, Nairn% Elgin, and Forres9 k Robert WooJfely, Efq; Commiflary of Airjbire.
Banff and Aberdeen, ^Stephen VVinthorpe, of Aberdeen, Efq; Colonel of Horfe, 474 /. JO*, per Ann.
Forfar, Dundee, Aberbrothock, Msntrofe, and Brechin Sir Alex- ander Wedderburn, of Blacknefs, Knt.
Linlithgow, Queen's -Ferry, Perth, Culrofs, and Stirling, k Col. Henry Markham, one of the Commiffioners for let- ting the forfeited Eftates in Ireland, 300 /. per Ann.
St. Andrews, Dyfart, Kirkaldy, Coupar, AnJJruther-EaJler9 P'tttniueen, Crail, Dumfermling, Kinghorn, Anjtru- ther-iyejler, Innerkeithing, Kilrenny, and Burnt- Jfland9 Col. Nathaniel Whetham, one of the Council in Scot- land, about 500 /. per Ann.
Lanerk, Glafgow, Rutherglen, Rothfay, Renfrew, Aire, Irvin, and Dumbarton, George Talbot, Efq; Col. of Foot, 365 /. per Ann.
Dumfries, Sanquhar, Lochmaben, Annan, IVigton, Kirkcud- bright, lyhitehorn, and Galloway, Col. Salmon, made his Election for Scarborough. In his Place, Col. Thomas Talbot.
Peebles, Selkirk, "Jedburgb, Louder, North-Berwick, Dunbar^ and Haddington, George Downing, Efq; Scout- Mafter General, made his Eledion for Carlifie. In his Place, John Vincent, of Warnford, in Northumberland, Efq;
IRELAND.
COUNTIES.
Meath and Lowth, k John Fowke, Efq; Colonel of Foot, 365 A, per Ann. and Governor of Dragheda. k Major Wil- liam Afton.
Kildare and ff'icklow, Sir Hardrefs Waller, Knt. as a Major- General in the Army, 365 /. per Ann. and Colonel of Foot ; made his Election for Kerry, Limerick, and Clare.
83 k Anthony
22 The Parliamentary HISTORY
£ Anthony Morgan, Efq; Major of Horfe, 3587. 13 s. tfd.
Dublin, k John Byfle, Efq; Recorder of Dublin.
Catherlsugb, Wexford, Kilkenny, and Queen's County, Thomas Sadler, Efq; Colonel of Foot, 365 /. per Ann. Daniel Redman, Efq; Major of Horfe in Ireland, 358 1 13*. 4</.
Weft-Meatb, Longford, and King's County, k Sir Theophilus Jones, Knt. Major of Horfe, 358 /. 13 s. ^d. k Henry Owen, Efq; Major of Horfe, 358 7.13. f. 4</.
Dawn, Antrim, and Armagh, Thomas Cooper, Efq; Colonel of a Regiment of Foot in Scotland, and another in Ireland '; alfo Governor of Carickfergus. Lieutenant- Colonel James Trayle.
Derry, Donegal, and Tyrone, k Lieutenant- Colonel Triftram Ee- resford, ofColerane. Lieutenant-Colonel Thomas Newburgh, ofLiffbrd.
Cavan, Fermannagb, and Monoghan, Richard Blaney, Efq;
Kerry, Limerick, and Clare, Sir Hardrefs Waller, Knt.
Henry Ingoldfby, Efq; Colonel of Foot, the Protec- tor's Kinfman.
Cork, k Roger Boyle, Lord Broghill, as Prefident of the Coun- cil in Scotland, 1000 /. per Ann. befides otherAdvanta- ges ; and, as Colonel of Horfe in Ireland, 474. /. 10 s.
Tipperary and Waterford, k Sir John Reynolds, as Commiflary- General of Horfe in Ireland, 273 /. per Ann. and as Colonel of Horfe there, 474 /. 10 s. Knighted by thq Lord Protector June n, 1655. Daniel Abbot, Efj; Colonel of Dragoons in Ireland.
Sligo, Rofcommon, and Le Tjrirn, Sir Robert King, Knt. Commif- fary of the Mufters. k John Bridges, Efq; Captain of Foot, 146 /. per Ann.
Gal-way and Mayo, Sir Charles Coot, Knt. and Bart. Prefi- dent of Connaught. k Lieutenant-Colonel John Bret.
CITIES and TOWNS.
Dublin, k Richard Tigh, Efq; Mayor of the faid City. Limerick and Killmallock, k Walter Waller, Efq; Son of Sir Har- drefs Waller. Waterford and Clonmel, k Capt. William Halfey.
Ca-
'Of E N G L A N D. 23
CarickfergM* and Belfajl, John Davies, Efq; Inter-regnum.
Cork and Toughal, k Maj. Gen. William Jephfon. l656-
Bandon and Kingfalt, k Vincent Gookyn, Efq; one ''~ of the Commifiioners for letting the for- feited Eftates in Ireland, 300 /. per Ann.
Derry and Colerane, Ralph King, of Londonderry, Efq; one of the Commiflioners for letting the forfeited Eftates in Ireland, 300 /. per Ann.
The foregoing Lift confirms Mr. Ludlow's Ob~ fervation, * That tho' about one hundred Englijh Members, elected by their Country, were kept out of the Houfe ; yet thofe for Scotland and Ireland, being chofen by the Sword, were admitted without Scruple.' f
Having thus endeavoured to exhibit the beft Idea we could of the Characters of the Members which conftituted this Partial and Unconstitutional AfTem- bly, we (hall now give an Account of their Pro- ceedings.
On the iyth of September, being the Day ap-The Meeting of pointed for the Meeting of the Parliament, the-£rTw//'s lhird Journals inform us, That the Lord Protedor, at- a' tended by his Council, with the Officers of State and of the Army, the Gentlemen of his Houmold, and his Guards, came to the Abbey Church, about Ten in the Morning ; where the Members being met, a Sermon was preached before them by Dr. John Owen, Vice-Chancellor of the Univermy of Oxford, on this Text, What Jhall one then anfwer the MeJJengers of the Nation? That the Lord hath founded Zion, and the Poor of his People Jball trvfl in it. Ifaiah xiv, v. 32.
After Sermon, the Lord Protector and the Par- liament alTembled in the Painted-Chamber, whete his Highnefs was pleafed to communicate to them the Occafion of their Meeting.
Upon
f Abmolrs, Vol. II. p. 579.
See alfo Lord Brogbill and Henry Cr«wwf//'s Letters to Secretary Iburloi, relating to the Eleftiom in Scttlar.J and Ireland.
Tburlie, Vol. V. p. 195, 303, 311, 3*7.
24 The Parliamentary HISTORY
Inter-regnum, Upon the ftricteft Refearch, we have not been l_ — — ,lwj a^e to nieet with Cromwell's Speech at the Open- September *n§ °^ tn's P^iament; nor is there the leaft Sketch of it in the Journals of the Houfe, the Diaries, or the Contemporary Writers. From hence we are in- clined to think that, for Reafons of State, it was never printed.
However, a Letter to Cardinal Mazarin, from the French Ambaffador at London, informs us g, * That the Lord Protector very much enlarged him- felf againft Spain; exaggerating all the Enterprizes, which the Spaniards had formerly attempted againft England, and the Motives which obliged him to break with that Nation : That he alfo feemed to be perfuaded that his Catholic Majefty and the Duke of Newburgb had engaged to furnifli the King [Charles II.] with 9000 Men, to be tranfported in- to England : But that, in regard there were very few Advices conformable to this, many believed it an Invention of Cromwell's, calculated to raife an Alarm, and to keep the Army united to his Inte-
refts at this prefent Conjuncture.'— Thefe few
Hints being all we have been able to collect of the
Lord Protector's Speech at opening the Seflion, we
proceed to obferve, that his Highnefs having fintih'd
his Harangue in the Painted- Chamber, the Members
repaired to their Houfe ; where, to the Surprize of
all thofe that were not in the Secret, fpme Perfons,
by the Lord Protector's Appointment, attended at
Several Members tjie J)oor> to receive of each Member the following
Set inio the Certificate, before he was permitted to enter:
Sept. 17, 1656. County of
Thefe are to certify, That A. B. is returned, by Indenture, one of the Knights to ferve in this prefent Parliament for the faid County, and is approved by his Highnefs's Council.
NATH. TAYLOR, Clerk of the Commonwealth in Chancery.
Lord
g M. de Bourdeattx's Letter to Cardinal Maxarin, dated Sept. 28, 1656, N, S. f burke" s State Pafert, Vol. V. p. 427. "
Of E N G L A N D. 25
Lord Clarendon writes, ' That Cromwell impofed a Subfcription upon the Members before they fat, purporting, * That they would a«5t Nothing preju- *~7
' dicul to the Government, as it was eftabliftied CFta 4 under a Protector \ and that the major Part frankly fubmitted and fubfcribed h. This appears to be a Miftake, for no fuch Teft was offered ; but they were obliged to produce a Certificate as above recited : Indeed the Members of the Parliament elected in Stptember^ 1654, were required to fubfcribe only fuch a Declaration as his Lordlhip mentions ; but, in this Parliament, the Matter was carried much higher.
Such of the Members as produced their PafTport from the Council, having taken their Seats in the Houfe, the Lord Gommiflioner Lijle put them in Mind, That their firft Work was to chufe a Speaker \ and propofed Sir Thomas lyiddrtngton, Serjeant at Law, as a Perfon of great Integrity and Experience in relation to Parliamentary Bufinefs, and every Way qualified for that Service: Which being ap- proved of, he took the Chair accordingly; but with- out being prefented to the Lord Protector for his Approbation: A Circumftance of Royalty, which Cromwell never thought fit to affume.
The next Day the Houfe appointed a Faft to be held on the 24th of this Month, by the Members thereof, in Margaret'^, Church, Wejlminfter\ and an extraordinary Number of Preachers were affigned for this Solemnity. The 2gth Day of Ottober enfuing was alfo appointed for a General Faft, throughout the three Nations, by a Declaration ordered to be drawn up and fet forth for that Purpofe.
The Houfe alfo appointed Committees on feveral Occafions ; for Privileges and Elections ; for Reli- gion ; Courts of Juftice, and for Trade. Sir Cherries jydfeley prefented a Bill, For renouncing and difan- nulling the pretended Title of Charles Stuart to tie Crown of England, &c. which was read twice, and committed.
The
h ttijtory, Vol. VI. f. 587.
26 The Parliamentary HISTORY
inter-regnum. The fame Day an Affair of great Confequence l6sf- happened, which fo engaged the Attention of the
*""*"I"'^T Houfe, as to prevent all other Proceedings for fome Time. Sir George Booth prefented a Letter, di- rected to the Speaker, which he was ordered to read privately firft ; and, afterwards, it was read openly, in thefe Words :
S I R,
They prefer a TftTE whofe Names are fubfcribed, with others, be- ° " ™S c"°fen-> and accordingly returned, to fervc
r« o M Speaker° Sir with you in this Parliament ; and, in Difcharge of
Thomas Wid- our Tru/l, offering to go into the Houfe, were, at the Lobby Door, kept , back by Soldiers : Which, left we Jhould be wanting in our Duty to you and to our Gauntry, we have thought it e>fpedient to reprefent unto you, to be communicated to the Houje, that we may be admitted thereinto. *
On the Reading of this it was ordered, That the Clerk of the Commonwealth in Chancery be com- manded to attend the Houfe the next Morning, with all the Indentures of Returns of Knights, Citizens, and BurgefTes, chofen to ferve in this Parliament, when they would take this Bufmefs into farther Con- fideration.
Accordingly, September 19, the Deputy-Clerk of the Commonwealth attending at the Door, he was called in; and, by Order of the Houfe, the Speaker demanded of him, Where 'the Clerk of the Common- wealth was ? To which he anfwered, That he was at his Houfe out of Town when the Warrant came ; that he expected him that Morning, and fo did not fend for him ; but that he did not come. Being afk'd, Whether he had all the Indentures with him for England and Wales ? He anfwer'd, Yes ; and, by Command of the Speaker, produced that for the Election in Norfolk, and read it ; in which was returned Sir Ralph Hare. Being afk'd, Why that
GCH-
i The Names of the Members who figned this Letter, are not entered in the Journals : We fuppofe they were the fame Perfons who fubfcribed the following Remonftrance.
1656. -V—
September.
Of E N G L A N D. 27
Gentleman was not returned to Parliament? He faid, Inter-regnum. Secaufe he had no Certificate of Approbation for him j and gave the like Anfwer as to all the reft of the Members, who had been refufed Admittance into the Houfe. The Deputy-Clerk being withdrawn, the Speaker informed the Houfe, That he had called over all the PLces for whom any Perfon was chofen, whofe Name was fubfcribed to the foregoing Letter, and found them all to have been returned in the re- IpecYive Indentures.
Soon after the Clerk of the Commonwealth, him- felf, attended the Houfe, when the Speaker ac- quainted him, ' That, upon Perufal of the Inden- tures, it appeared that divers Perfons elected were not returned to the Houfe : And demanding, By •what Order it was not done ? He anfvvered, That he received an Order from his Highnefs's Council., to deliver Tickets to all fuch Perfons ', and fuch only, as3 . being returned to ferve in Parliament, Jhould be cer- tified unto him, from the Council, as Perfons by them approved : And that he did receive fever al Orders of Approbation for feveral Perfons, and made out the Tickets accordingly. Being afk'd, If he had the Or- der itfelf? After fome Evafion he produced it, fub- fcribed by Mr. Je/op, Clerk of the Council; which was read. And then the Houfe adjourned till the next Morning; when, the Debate being refumed, it was refolved, That the Council be defircd to give, on the Monday next, their Reafons why thofe Mem- bers, returned from the feveral Counties and Bo- roughs, were not approved, and why they were not admitted to come into the Houfe. In Anfwer to which Requelr, on the 22d, the Lord Commiflioner Fiennes reported, by Word of Mouth, from the Council, That he was commanded by them to re- turn this humble Reply : That whereas, by the lift Article a/" The Government of the Commonwealth k, the Clerk of the Chancery was required to certify the Names of the Perfons returned to him, and the Places for which they were chofen, unto the Council, why were authorized to perufe the faid Returns, and exa- mine k The whole of this Inftrument is in our aoth Volume, p. 248.
28 The Parliamentary HISTORV
-Inter- regnum. mine whether the Perfons fo elefled and returned were 1656. agreeable to the Qualifications therein prefcribed, and
V* "** — ' not difabled thereby ; and that no Perfons Jhould be September. Emitted f0 Jit in Parliament , but what were fo ap- proved of by the major Part of the Council: And that yvbereas, by the ijtb Article, it was declare d. That the Perfons to be elecJed to Jerve in Parliament Jhould le fuck, and no other than fucht as were Perfons of known Integrity^ fearing God, and of good Converfa- jion9 and being of the Age of twenty-one Years •
That the Council, in purfuance of their Duty, and according to the Truft repofed in them, had exa- mined the faid Returns ; and had not refufed to ap- prove any who appeared to them to be within the Defcription of the faid Article : And as to thofe who were not approved, his Highnefs the Lord Protector had given Orders to fome Perfons to take Care that they fhould not come into the Houfe*' A Motion
bdn§ then made to adJourn ti!1 the next Morning, it was carried in the Negative by j 15 Voices againft 80. And then it was refolved, by a Majority of 125 againft 29 only, That the Perfons returned from the feveral Counties, Cities, and Boroughs, to ferve in this Parliament, who have not been approved, be referred to make their Application to the Council for Approbation ; and that the Houfe do proceed with the great Affairs of the Nation.
This laft Queftion being carried by fo great a Majority, fufficiently (hews what Influence the Pro- tector had in this Aflembly : However, the fecluded Members did not reft fatisfied with, nor fubmitted tamely to, this arbitrary Vote ; for they publifhed a noble and fpirited Remonftrance againft this out- rageous Act of Injuftice, which will be beft under- ftood by its own Words :
Whereupon thcy< "T T THEN our worthy Anceftors have met in ftUraI!«aaSnft°n"C VV Parliament, and have found Oppreflion this injurious * and Tyranny fupported by fuch ftrong Hands that Treatment. y they could not prevail to fecure their Country, ' Lives, and Liberties by wholefome Laws, they
* have
Of ENGLAND. 29
* have often made their Proteftations againft fuch Inter-regmitu.
* Injuftice and Oppreflion, and forwarn'd the People l656-
* of their Danger. To omit other Inftances, fo did ^ ~*~, 7* c the Commons in Parliament, in the third and
* fourth Year of the late King ; for when he chal-
* lenged a Power to take Tonnage and Poundage ' without the People's Confent in Parliament, they
* made their Proteftation, That whofoever foould ' counfel or advife the levying of Tonnage and Pound-
* age for the King, not being granted to him by the Par-
* liament, or Jhould aft, or be an Inftrument therein^
* Jhould be refuted a capital Enemy to the Kingdom ' and Commonwealth : And alfo that whatsoever Mer-
* chant, or other Perfon, Jhould voluntarily yield cr ' pay Tonnage or Poundage^ not being granted by Par-
* Parliament, Jhould be reputed a Betrayer of the Li-
* berties of England, and an Enemy to the fame.
* In like Manner we, who have been duely cho-
* fen by the People to be Members of the Parlia- ' ment that (hould now have met, have an un- ' doubted Right to meet, fit, and vote in Parlia- ' ment, although we are opprefled by Force of ' Arms, and {hut out of the ufual Place of Parlia- ' ments fitting ; yet, having Hearts fenfible of that
* higheft Truft repofed in us, and being filled with
* Cares for the Church and Commonwealth, which ' with Grief of Heart we behold bleeding, we do ' hold ourfelves bound in Duty to God and our
* Country, to declare unto the People of England ' their and our woful Condition, and the moft evi-
* dent Danger of the utter Subverfion of Religion, ' Liberty, Right, and Property.
4 We believe the Rumour is now gone through
* the Nation, that armed Men, employed by the
* Lord Prote&or, have prevented the free meeting ' and fitting of the intended Parliament ; and have ' forcibly fhut out of Doors fuch Members as he ' and his Council fuppofed would not be frighted, " or flattered to betray their Country, and give up ' their Religion, Lives, and Eftates, to be at his c Will to ferve his lawlefs Ambition. But we fear ' that the Slavery, Rapines, Opprcflbns, Cruelties,
« Mur-
30 The Parliamentary HISTORY Jnter-regnum. « Murders, and Confuflons that are comprehended i ,i55— . f in this one horrid Fadl, are not fo fenfibly difcern- September. ' ec^» or *° muc^ 1^ to Heart as the Cafe requires :
* And we doubt not but (as the common Practice of
* the Man hath been) the Name of God and Reli- 4 gion, and formal Fafts and Prayers, will be made 4 ufe of to colour over the Blacknefs of the Fa& :
4 We do therefore, in Faithfulnefs unto God and
* our Country, hereby remonftrate,
' Flrfti That whereas, by the Fundamental Laws ' of this Nation, the People ought not to be bound 4 by any Laws but fuch as are freely confented unto
* by their chofcn Deputies in Parliament ; and it is
* a moft wicked Ufurpation, even againft the very
* Laws of Nature, for any Man to impofe his Will
* or Difcretion upon another as a Rule, unlefs there ' be fome Pad!:, or Agreement, between the Parties 4 for that Intent : And whereas, by the Mercy ' of God alone, in preferving this Fundamental
* Law and Liberty, the good People of England 4 have, beyond Memory of any Record, preferved
* their Eftates, Families, and Lives, which had 4 otherwife been defttoyed, at the Will of every
* wicked Tyrant ; and, by keeping this as their un- ' doubted Right, they have been kept from being ' brutifh Slaves to the Lufts of their Kings, who
* would otherwife have defpoiled them of their Per- 4 fons, Lives, and Eftates, by their Proclamations,
* and the Orders of themfelves and their Courtiers, 4 as they pleafed ; and, by virtue of this their un-
* doubted Right, the People have commonly dif- 4 puted, refifted, and made void the Proclamations
* of their Kings and the Orders of their Council
* Table, where they have crofted the Laws unto
* which they have confented in their Parliaments :
4 Now the Lord Protector hath, by Force of 4 Arms, invaded this Fundamental Right and Li-
* berty, and violently prevented the meeting of the ' People's chofen Deputies in Parliament. And he 4 and his Council boldly declare, That none of the 4 People's Deputies fiall meet in Parliament, unlefs 4 they agree to the Meafure of their Fantacies, Hu-
* mours,
Of E N G L A N D. 31
e mours, or Lujls : They now render the People inter-regnu«. fc fuch Fools, or Beads, as not to know who are .J^^^f ' fit to be trufted by them with their Lives, -Eftates, September. 6 and Families. But he and his Council, that daily
* devour their Eftates and Liberties, will judge who ' are fit to counfel and advife about Laws to pre- 4 ferve their Eftates and Liberties : Thus doth he
* now openly aflume a Power to pack an Aflembly
* of his Confidents, Parafites, and Confederates ; ' and to call them a Parliament, that he may thence ' pretend that the People have confented to become
* his Slaves, and to have their Perfons and Eftates c at his Difcretion. And if the People fhall tamely c fubmit to fuch a Power, who can doubt but he may ' pack fuch a Number as will obey all his Com-
* mands, and confent to his taking of what Part of ' our Eftates he pleafeth, and to ifnpofe what Yokes 1 he thinks fit to make us draw in.
« Secondly, And whereas the Parliament of Eng-
* landj confifting of the People's chofen Deputies* ' always have been, and ought to be, the Ordainers < and Creators of Dignities, Offices, and Authori- ' ties in this Nation ; and have always, of Right,
* exercifed the Power of difpofing even the Kingly
* Office, and an Authority to enlarge and reftrain the
* Kingly Power ; to queftion, make void, or con-
* firm, all Commiffions, Proclamations, Charters,
* and Patents of any of our former Kings ; and have
* queftioned, cenfured, and judged even the Per- ' fons of our Kings for abufmg their Trufts, and in- ' vading the People's Laws, Rights, and Liberties;
* and by this Means the higheft Officers, and the
* Kings themfclves, have acknowledg'd their Power
* to be only trufted to them for the People's Wel- ' fare ; and they have always dreaded the People's
* Parliaments, who could call them to an Account ' for any Injuftice or Violence done upon the Per-
* fon or Eftate of any Man ; and hereby the People
* were fecured, under the Laws, from the Rapine and 4 Oppreflion of the higheft Grandees and Courtiers j
* even the Kings themfelves, fearing the People's
* Complaints in their Parliaments, and well know-
'ing
$2 The Parliamentary HISTORY
jnter-regnum. ' ing the People's Cuftom to chufe for their Depu- 1656. « ties the molt known Champions for their Liber- ~ * *'es» agamft tne arbitrary Powers and Injuftice of ^ f£jngs amj t^ejr (Jourtjers . anc] none of the
' moft wicked Kings, in their higheft Hope to erecl: ' a Tyranny, ever dared, fmce Members were fent ' to Parliaments by Elections, to throw afide, by
* Force, as many of the chofen Members as they
* thought would not ferve their Ends ; they know- ' ing it to be the undoubted Right of the People to ' truft whom they think fit, and as much the Right ' of every Man, duly chofen and trufted, to meet ' and vote in Parliament without afking their Leave ' or begging their Tickets.
' And although there hath been, frequently, fe- ' cret Deflgns, for many Years, to fubvert Religion,
* Liberty, and Property in this Nation; and to that
* End the Defigns of Tyranny nave attempted to 4 deftroy fometimes the Being, and fometimes the
* Power, Privileges, and Freedom of Parliaments ;
* yet the Mercy of God hath almoft miraculoufly
* preferved the Being, Privileges, and Authority of
* Parliaments ; and therein Religion, Liberty, and
* Property, untill the Time of the Lord Protector :
* But now he hath aflumed an abfolute arbitrary So-
* vereignty (as if he came down from the Throne ' of God) to create in himfelf and his Confederates, ' fuch Powers and Authorities as muft not be under
* the Cognizance of the People's Parliaments. His 6 Proclamations he declares fliail be binding Laws ' to Parliaments themfelves ; he takes upon him to
* be above the whole Body of the People of Eng- ' /and, and to judge and cenfure the whole Body and ' every Member of it, by no other Rule or Law
* than his Pleafure, as if he were their abfolute
* Lord, and had bought all the People of England
* for his Slaves.
4 Doubtlefs, if he would pretend only to have
* conquered England at his own Expence, and were ' there as much Truth as there is Falfehood in that
* Pretence, yet he could not but know that the
* Right of the People's Deputies in Parliament, to
« their
Of E N G L A N D. 33
6 their antient Powers and Privileges, would remain
* good againft him, as againft their public capital
* Enemy, whom every Man ought to deftroy; wntijl, ' by fome Agreement with the Body of the People in
* Parliament, fome Sort of governing Power in him ' were fubmitted unto ; that hereby he might ceafe
* to be a public Enemy and Deftroyer, and become *• a King or Governor, according to the Conditions ' accepted by the People ; and if he would fo pre-
* tend, he could not be fo difcharged from his public
* Enmity by any Conditions or Agreement made ' with a Part of the People's chofen Deputies, whilft
* he (hut out the other Part ; for no Part of the Re- ' prefentative Body are trufted to confent to- any 4 Thing in the Nation's Behalf, if the Whole have 1 not their free Liberty of debasing and voting in the 4 Matters propounded.
c If he would pretend no higher than to be our 6 Conqueror, who, for Pe^ce and his own Safety's
* Sake, was content to ceafe from being a public
* Enemy, and to be admitted a Governor, he could, ' not compafs thofe Ends by forcibly excluding (as fc now he hath done) whom he pleafed of the Re-
* prefentative Body of the People, who were to fub-
* mit to him in the People's Behalf; therefore h&
* either takes upon him to be fuch a Conqueror as
* fcorns the People's Acceptance of him, by their 6 Reprefentative, as their Governor, and fears not
* to remain a public Enemy; or elfe he takes himfejf
* to be fuch an unheard-of Sovereign, that againft
* him the People have no Claim of Right, or Pro-
* perty in themfelves, or in any Thing elfe ; for he
* hath now declared, That the People's Choice
* cannot give any Man a Right to fit in Parliament,
* but the Right mud be derived from his gracious 1 Wijl and Pleafure with that of his Counfcllors t ' and that his C^lerfe's Ticket, only, muft be the it
* Evidence for it.
* Thus hath he exalted himfelf to a Throne like ' unto God's, as if he were of himfelf, and hi?
* Power from himfdf, and we were all made fof
* him, to be commanded and difpofed pf by him, to
Vo|,.XXI, ^ ' '
Inter- regnum. 1656.
September.
34 The Parliamentary HISTORY
4 work for him, and only to ferve his Pleafure and 4 Ambition.
' Seeing therefore this total Subverfion of all Law c and Right, and the Diftra£tions, Miferies, Blood, ' and Confufions that will be the moft certain Con-
* fequences of it ; and withall remembering the late ' Effufion of Blood upon no other Account than to ' fecure Religion, Liberty, and Property, and the ' Freedom, Power, and Privileges of Parliament, as ' the Bulwarks thereof; and that by thofe very ' Hands, who now overturn the very Foundation ' of all Liberty, Right, and Property, and of the
* Being of Parliaments ; and our very Souls trem-
* bling at the loud Cries of that Sea of Blood, and ' at the horrid Clamours of the many falfified Oaths ' and Promifes made upon the fame Account :
' For the acquitting of our own Souls, in the
* faithful Difcharge of our Duties to our Country, ' in fuch Manner as we are capable under this high 4 Oppreflion, we do hereby, moft folemnly, re-
* monftrate and protefl. unto all the good People of < England,
' Ftr/t) That the violent Exclufion, by any Go-
* vernor, or pretended Governor, of any of the
* People's chofen Deputies, from doing their Du- ' ties, and executing their Truft freely in Parlia-
* ments, doth change the State of the People from
* Freedom unto a meer Slavery; and that whofo- ' ever hath advifed, affifted, or adhered unto the ' Lord Protector in fo doing, is a capital Enemy to ' the Commonwealth ; and our Anceftors have fo
* declared and adjudged the Advifers of fome of our ' Kings to Attempts not fo deftructive or dangerous ' as this of his. In the nth Year of Richard the
* Second, Chief Juftice Trcfilian and Juftice Blake
* were convicted of High Treafon by the Parlia-
* ment, and executed at Tyburn, chiefly for advi- 'fag the King that he might, when he plea fed ^ diflohe ' the Parliament, and command the Members to de- ' part under the Penalty of Treafon '. And we be-
' lieve
1 See and compare the i ith of Richard the Second with the 2 ift of Richard the Second, Chap, xii, And the firft of Henry the Fourth, Chap, iii, iv, Art!(f in the QrigitxiU
Qf ENGLAND. 35
* Jlcve every Man can difcern how much it Is more Inter-regnum. e mifchievous for a King, or any other, to com- j6 5j*
* numl one, two, or three hundred of the Members *
* to depart, and call the reft a Parliament, to give
* Countenance to his Oppreffion.
* If our Kings might have commanded away, from 1 the Parliaments, ail fuch Perfons of Confcience,
* Wifdom, and Honour, as could not be corrupted, ' frighted, nor cozened by them to betray their ' Country, our Anceftors could not have left us ' cither Liberties or Eftates to defend.
' Secondly, We do further likewife proteft, That
* all fuch chofen Members for a Parliament, as (hall ' take upon them to approve of the forcible Exclu-
* fion of other chofen Members, onfhall lit, vote, ' and adl by the Name of the Parliament of England*
* while, to their Knowledge, many of the cbofen
* Members are fo by Force ihut out ; we fay fuch
* ought to be reputed Betrayers of the Liberties of
* England^ and Adherents to the capital Enemies of c the Commonwealth.
4 Thirdly t We do hereby further proteft, That
* the prefent Aflembly at Wejlminjler is not the Re-
* prefentative Body of England ; and alfo that they
* fit upder the daily Awe and Terror of the Lord ' Protector's armed Men, not daring to confult or
* debate, freely, the great Concernments of their 4 Country, nor daring to oppofe his Ufurpation and ' Oppreflion : And that, therefore, untill there can ' be a free Parliament, we do proteft againft all ' fuch Votes, Orders, Ordinances, or Laws, as fhall
* be pretended to be made or enacted by the prefent ' Aflembly at Jfa/lminjhr, as being null and void in ' themfelves, and of no legal EfFect or Power.
* Neither can any of them, according to the Laws
* of God, or the Fundamental Conftitutions of our ' Country, be impofed upon any Man ; neither ' can Tax or Tallage be juftly, or lawfully, raifed
* by them.
' And to avoid all further vain Pretences of a Ne»
* cefHty, at prefent, to a<5t in extraordinary Way*
* fur prefejH Safety, we do further declare, That a
C 2 « Fret
36 The Parliamentary HISTORY
Inter-regnum. < Free Parliament is the only Judge of fuch Dangers
_ 5— . ' and Neceffities of this Commonwealth, as may
September. ' warrant any extraordinary a&ing befide or againft
' the Laws : And if the Kingly Power, that was in
' England^ were lawfully fettled in the Lord Pro-
* teitor, yet had he no Colour of Right to judge of
* the Cafes of Neceflity that fhould make it lawful ' for him to tranfgrefs the known Laws; but, by
* the known Judgment of Parliaments, thofe that ' Ihould fo advife him were guilty of High Treafon.
* We do therefore appeal unto God, and all the ' good People of England^ for Affiftance and Pro- ' tection in their Service ; hereby declaring our ' Readinefs and earneft Defires to attend upon our ' Country's Service, and to expofe our Lives and ' Eftates to the uttermoft Hazards therein, to pre- ' vent the Ruin and Confufion that now threatens ' it, if it fhall pleafe God to enable them to redeem ' themfelves from the prefent Opprefiion ; that their ' chofen Deputies may meet and confult how to ad-
* vance the Glory of God, promote the true Reli- ' gion, and provide for the Safety, Liberty, Peace, ' and Happinefs of the Commonwealth And, in ' the Interim, we (hall endeavour to pour out our fad ' Complaints before the Lord againft our powerful
* OpprefTors ; humbly hoping that he will come ' forth fpeedily, to redeem his People out of the ' Hands of wicked and deceitful Men. m
Arthur Hajlerigge* Thomas Saunders9
Thomas Scotty Henry Darley^
John Bulkley, John Weaver*
John Birch, Alexander Popbam,
George Fenwick* John Goodwyn^
Anthony Irby^ Francis Thorpe^
Thomas Lifter* Anthony AJhley Cooper*
Thomas Birch* John Southbyy
Thomas Adams* Richard Grenvil/e,
Richard
i" Mr. WLltloclic has given us a Copy of this Remonftrance 5 and, amongft the Subfcnbers to it, mentions Mr. Herb/rt Morfey and Mr. John Fagg : But. by Letters in Tburloe's Colt'efiions, it appears' that, tho' thofe two Gentlemen were denied Admittance into the Houfe, they either disproved, or had not Courage to fign, this e. r£burh', Vol. V. p. 490.
Of E N G
Richard Browne, Richard Darley, Thomas St. Nicholas^ William James, John Boys, Charles Hall, John Jones, William Woolley, Richard Radcliffe, William ^avile, Theophilus Biddulph, Henry Mildmay, Harbottle Grimfton, William IVelby, Charles Hu/ey, Edmund Harvey, John Sicklemore, 'William D'Oiley, Ralph Hare, John Hobart, Oliver Raymond,
?eremy Bentley, hilip Woodhoufe, John Buxton, William Bloys, William Gibbs^ Thomas Sothertont Thomas Bowes, Edward Harley, Clement Throckmorton, Daniel Wall, Henry North, Richard Lucy, John Wittewrong, George Courthorpe^ Samuel Got, John Buckland, Robert Long,
LAND. 37
John Northcott, John Young, John Dodderidge, Henry Hungerfordy Sfilijbury, Edward Tooker, William Morris9 John Hele, Edward Turner^ Chaloner Chute, Daniel Shatterden^ Thomas Styles, Richard Beale, John Sell'ard, Walter Moyle, Walter Vincent, John Gell, Henry Artbington% Henry Tempe/l, Jomes Clavering) john Stanhope, PeniJIon IPhaley, Abel Barker, Samuel Moore, Thomas Minors^ John Bowyer, Samuel Jonesy John Ajfton, Andrew Lloyd, Edward Hooper^ Thomas Rivers, Henry Peckham, Charles Lloyd, John Thurbarne, "William Fijher, John Gore, Rowland Litton.
Inter* rcgnunit
1656.
September.
Animated by this gallant Remonftrance, and re- fenting the infamous Behaviour of a pack'd Majo- rity, fo many Members, alhamed of their Compa- C 3 nions,
38 'The Parliamentary HISTORY
nions, left the Houfe, that, in order to fave Appesr- 1656. ances, it was refolv'd, on the 2gth of this Month, *- — v— "-^ That all Perfons who had been return'd to ferve in Oaober, thjg Parliament, and had been, or might be, ap- proved by the Council, fhould give their Attend- ance within feven Days. As to thofe who had been excluded for Want of fuch Approbation, no farther Notice was taken of them : But the reft proceeded to appoint Committees on public Bufmefs, particu- larly Scots and Ir'ijh Affairs : And, to give the Pro- tector ftill greater A durances of their Attachment to his Government, a Bill was brought in, and read once, intitled, An A£l for the Security of his Higb- nefs the Lord Protestor's Perfon, and Continuance of the Nation in Peace and Safety. A Bill was alfo or- dered to be brought in, For taking away the Court of Wards and Liveries , and Tenures by Knight- Service.
A Bill pafTed for Nothing occurs more in the Journals^ but regu- fenouncing the lating of double Returns, &c. till the 26th of this Stuart Family. Month, when the Bill for renouncing and difannul- ling the •pretended Title of Charles Stuart, &c. was read a third Time; and feveral Additions were pro- pofed, which were, That the King's Titles fhould not only be abrogated, but all the Titles that ever belonged to his eldeft Son, or any of the Family ; as Prince of Wales^ Duke of Cornivall, Prince of Scotland^ Duke of Albany, Duke of Rothefay, Duke of York, or Duke of Clcuce/hr. Afterwards the Bill, with thefe and other Amendments made to it, being put to the Queftion, puffed ; and, as the Jour- nals have it, netnine contradicente. It was ordered^ at the fame Time, That the Lord Protector's Af- fent be defired to this Bill. Laftly, a Committee was appointed to confider of the Way of Addrcfs to his Highnefs, with Bills, and report it to the Houfe. Accordingly,
^ Q&ofar I. The faid Report was made ; on which for the'pfotec- ^ was rdolved, i. ' That a Copy of every Bill that tor's Coafent. ftiall pafs the Houfe, be made, and carefully examin-
ed
Of E N G L AND. 39
cd by the Clerk of the Parliament, with the Origi- Inter-regnunu nal, and figned by him: That the Speaker, with the ' J whole Houfe, fhail attend the Lord Protestor; and, in their Name, prefent the Bills to his Highncfs for hisConfent: That the Clerk (hall read the Titling cf the Bills ; and, if the Lord Protestor requite it, the Bills alfo : And then the Speaker (hall deliver to his Highnefs the Copy.
2. ' That the Place of Meeting for the Lord Pro- tcftor to pafs Bills, fnall be the Painted- Chamber.
3. ' That when the Lord Protedor (hall pafs a Bill, the Form of Words to be ufed (hall be thefe, The Lord Protefior doth confenty which; Words fhall be entered " upon the Bill.
4. ' That the Lord Protector may require the Judges and fuch Officers of State to attend him, at the Time of prefenting and patting of Bills, as his Highnefs (hall think fit.
5. ' That it be referred back to the fame Com- mittee, to confider what Words are fit to be ufed when a Bill is rirft parted by this Houfe ; and to be indorfed by the Clerk thereupon : How Notice (hall be given to the Houfe, when his Highnefs comes to pafs Bills : What Words {hall be ufed when, in cafe the Lord Prote&or doth not confent in twenty Days, a Bill is to become a Law : And how Bills may be pafled in cafe of the Lord Protestor's Sick- nefs or Abfence.'
A War with Spain having been entered into byrhe Parliament the Protestor and his Council, it was, at the fame3PProv*olthe Time, thought proper to communicate this Affair Warwith5/W*g to the Parliament; who, having heard the Report, it was refolved, « That the War againft the Spa- niard was undertaken upon juft and necefiary Grounds, and for the Good of the People of this Commonwealth : That the Houfe doth approve thereof; and will, by God's Bleffing, affift his Highnefs therein : And a Committee was appointed
to
» The Word Entered was infertcd inflcad of the Wcrd InJorftd And this Note is Britten againft it in the Margin, " Aineiwlcd \» Order, upon the Q^eftion, the zotli of Ntrvtmbtr, 1656.
46 *fhe Parliamentary HISTORY
Inter- reghum. to prepare a Declaration to fliew the Juftice of thl§ War, and the Neceffity of carrying on the fame.'
oaober. The very next Day Letters from the Admiral? Blake and Montague, to the Protector > were com* municated to the Houfe by Mr. Secretary Tburlod^ giving Intelligence of a confiderable Victory over A great Viftory the Spanijh Weft- India Fleet, and of the taking of obtained over feveral of their Ships, On which News a Day of Thankfgiving was appointed by the Houfe, to blefs God for his great Mercies on this Occafion ; and a Declaration ordered to be drawn up as a Narrative of this Succefs, to be prefixed to the Order for the Thankfgiving. The Thanks of the Houfe were alfo voted to Admiral Montague^ who that Day took his Seat in Parliament j and the fame Compliment was afterwards paid to Admiral Blake,
A Bill fat Secu-» Off. 9. Great Debates were this Day on the Bill
rity of the Pro- for the Security of the Protector's Perfon, and many
tefor's Perron, Additions and Amendments made to it ; after
which, being put to the Queftion, and pafied, it
was ordered, ' That his Highnefs's Confent be de-
fired thereto.' The Houfe was alfo at this Time
employed about feveral other Bills, of different Na-
tures, of which Notice will be taken in the Sequeh
Ofi. i t. This Day a Letter, or rather a Meflage, from the Lord Protector, was delivered to the Speaker; which, for its having all the Attributes of Regal Style, more than for the Matter of it, we give as follows :
To our Right Trufty and Right Well-beloved Sir THOMAS WIDDRINGTON, Knight, Speaker of the Parliament^
OLIVER P.
Right Trufty and Right Well-beloved, we greet
you well,
Creat Officers of fT being exprejfid in the thirty-fourth Article of ttm appointed. / ^ Qovernment ^ That the Chancellor, Keeper,
or
• In our Twentieth Volufte, p. 260,
Of E N G L A N D. 41
Or Commitiioners of the Great Seal, the Trea- furer, Admiral, Chief Governors of Ireland and Scotland, and the Chief Juftices of both the Benches, fhall be chofen by the Approbation of Parliament ; and in the Intervals of Parliament, bjr the Approbation of the major Part of the Coun- cil, to be after approved by the Parliament ;' and ive having, before the Meeting of the Parliament* appointed, with the Approbation of the Council, our Right Trujly and Right Well- beloved Nathaniel Fiennes and John Lifle, Commijfiotttfi of the Great Seal of England ; and our Right Trujly and Well- beloved John Glynne, Chief 'Jujlice of the Upper Bench, I have thought it necejjary to tranfmit to you. the Names of thofe Perfons, to the end that the Refo- lution of the Parliament may be known concerning their Approbation ; which I dejire may be with fucb Speed as the other public Occafions of the Common- 'tucalth will permit : And fo 1 bid you heartily fare- Well.
Given at Whitehall^ the loth of Oclober^ 1656.
The Confequence of this Meflage was, that the three Perfons recommended by his Highnefs, were all approved by three leveral Relblutions of the Houfe,
The Spanijb War continuing to be carried on With Vigour, the Houfe went upon Ways and Means to raife Money for that Purpofe; and, after con- fidering how to retrench fome fupernumerary Ex- pences, &c. they fell, as their Predeceflbrs had done on like Occafions, to raife farther Contribu- tions upon the Eftates of Papifts and Delinquents. In order thereto they appointed Committees to in- quire ftri&ly into any Frauds or Collufions ufed in the Compofitions for thofe Eitates; as alfo into any other Methods relating to the Excife or Cuftoms, that they could find for raifing Money for this War.
The Remainder of this Month was chiefly em- ployed in the above-mentioned Expedients, And,
Nov.
42 The Parliamentary PIi STORY
Inter-regnum. Nov. 7. A Report was made from the Protector l656- and his Council, That an Account had been drawn Vr~~vT~"11'' up of what would be neceflary for carrying on the 1 "' Spanijb War another Year, and how far the pre- fent public Revenues would reach to the defraying of that Charge. This Account was foon after re- ferred to a Committee, to coniider how to anfwer the Expence, and to prefent their Propofitions for it to the Houfe as fpeedily as poilible.
Nov. 27. Several Bills being now ready for the Lord Protector's AfTeut, a Committee was appoint- ed to wait upon him, and defire to know the Time when he would pleafe to have them prefented to him The Lord Pro- for that pu,-pOfe. His Highnefs appointed Ten C™L?tofcie.0'Cloc,k: that Morning in the Painted Chamber; but ral Bills. before the Houfe went up thither, they thought
proper to read another Bill three Times, and pals it; which was, That bis fHigbnefs's pajfing of Bills Jboitld net be any Determination of this Sejffign of Parliament. They alfo ordered, 4 That this Bill be the firft that fliould be prefented to his Highnefs for his Confent.' It was fo done; and accordingly ftands firft in the Acts of this Seflion. P
So extraordinary a Caution jfhews very plainly, that the Houfe, though thoroughly purged and modelled, had fome Jealoufy that the Protedor might intend to diflblve them : However, it hap- pened otherwife ; for now the Serjeant at Arms bringing Word that Serjeant Dendy was at the Door with a Meffage from his Highnefs, he was
called in : The Ceremonial on this Occafion
was as follows :
The Ceremonial ' Having made two Obeifances to the Parliament thereof. when he came into the Middle of the Houfe, with
his Mace in his Hand, he declared to the Speaker, That he was commanded by the Lord Protector to let this Parliament know, that his Highnefs was in the Painted-Chamber^ and defired to fpeak with that Honourable Houfe there j and withdrew.
* Then
P SeobelPs Ctlle&ions, p. 371.
O/
ENGLAND.
43
* Then the Speaker with the whole Houfe (the Inter- Clerk with the Bills in his Hand, and the Serjeant l6S6- with his Mace, going next ami immediately before ^""*""v~ him) went up to the Painted- Chamber ; where his Highnefs, attended by the Lord Prefidcnt and the
reft of the Council, the Lords Commiiiioners of the Great Seal and of the Treafury, the Lord Chief Juftice of the Upper Bench, the Mailer of the Rolls, the Lord Chief Juftice of the Common Pleas, and the reft of the Judges, were expecting the Parlia- ment.
4 The Serjeant carried his Mace upon his Shoul- der up to the Table, where was a Chajr fet for the Speaker, and a Form for the Clerk.
4 Then the Speaker, addrefling himfelf to his Highnefs, gave an Account of the Employment of the Houfe during their Sitting: That many Bills for the Public Good were upon the Anvil, feme where- of were compleated ; and of thefe he made a parti- cular Relation. The ftrft of which was an Aft, Ibat the puffing of Bills Jhall not determine this pre- fent ScJJion of Parliament : This he fryled a Bill for the Parliament's Prefervation. The next, which •was an A£t For renouncing and difannulling the pre- tended Title of Charles Stuart, &c. he called a Bill for quieting the Pofleffion of the Government. The third, For the Security of his Highnefs the Lord Pro- tcftor's Perfon, and Continuance of the Nation in Peace and Safety^ he faid was for a Security to every Perfon in the Nation, all their feveral Intc- refts being comprehended in that of his Highnefs. The Fourth., an A£t For taking away the Ceuit of Wards and Liveries^ he ftylcd an A£t of Manumit fiun. The fifth was an Act For granting Liberty to export federal Commodities of the Breed^ Growth^ and Manufacture of this Ccnitn^mueaith^ the good Intentions whereof were felf- evident; and that there •were alfo feveral more Bills of private Concernment to particular Perfons.
* After this the Clerk read the Title of the firuV Bill prefented to the Lord Piotcctor, which his Highnefs ordered to be read through, and declared
to
Inter- regnum, 1656.
December.
ker.
44 tte Parliamentary HISTORY
to the Clerk his Confent to the fame, in thefe Words, We do conjent ; and, thereupon, the Clerk made this Entry thereof on the Bill, The Lord Pro- teftor doth conjent ; and read the fame over again. Then the Clerk read the Titles of the reft of the public Bills firft, and next the private Bills, to each of which the Lord Protector's Confent was de- clared, entered, and publifhed, as before.
' The Serjeant at Arms attending his Highnefs, and likewife the Serjeant attending the Parliament, flood all this Time with their Maces on their Shoulders ; and his Highnefs having made a fhort Speech, the Speaker, with the reft of the Members, departed, in the like Order as they came thither, to the Parliament Houfe.' --- But no Entry is made of this Speech in the Journals^ or any other Authority we have yet met with.
December. The Parliament now proceeded upon other Bills, both public and private; amongft which was carried on, in a Committee of the whole Houfe, a Bill for uniting the Kingdoms of England and Scotland into one Commonwealth. An Affair which had long taken up the Attention of this and prece- ding Parliaments.
The Beginning of this Month James Naylor* * by the Diaries of thefe Times, The Quakers le^ was brought up from Briftol, and feveral of his Female Followers along with him. On the 6th he was brought to the Bar of the Houfe j where, keeping on his Hat, the Serjeant, by Command of the Speaker, took it off. Being afked, If his Name was James Naylor ; anfwered, He was fo called : and being alfo afked, How long he had been called fo; anfwered, Ever fmce he could remember. The Particulars of his Confeffion being read to him, and afked if it was his, he acknowledged it all. The next Day, on Debate, the Houfe voted him guilty of horrid Blafphemy ; that he was a grand Impoftor, and a great Seducer of the People.
But
O/ E N G L A N. D. 45
But after this the Parliament feem'd to be under Inter-regntun. fome Dilemma what Puniihment to infliit upon l656- him, for it was debated feveral Days, without co- <^*TVTTJ ming to a Conclufion ; till, on the i6th of this Month, the Queftion being put, That the Punifli- ment of James Naylor, for his Crimes, (hall be by Death, and that a Bill be brought in for that Pur- pole, it pafled in the Negative, by 96 againft 82. Then a Motion being made, That Part of his Pu- nifhrrlent be to have his Hair cut off, it pafled in the Negative, without Divifion. After which the Houfe came to the following Refolution :
* That James Nay/or be fet on the Pillory, with his Head in the Pillory, in the New-Palace\ Ifcy?- minjler, during the Space of two Hours, on Tlntrf- 4uy next ; and (hall be whipp'd by the Hangman through the Streets, from Wtflnditfter to the Old- Exchange^ London ; and there likewife be fet upon the Pillory, with his Head in the Pillory, for the Space of two Hours, between the Hours of Eleven and One, on Saturday next ; in each of the faid Places wearing a Paper containing an Infcription of his Crimes : And that at the Old Exchange his Tongue (hall be bored through with a hot Iron; and that he be there alfo ftigmatized in the Forehead with the Letter B. That he be afterwards fent to Brijfol) and conveyed into and through the faid Ci-~ ty, on a Horfe bare ridged, with his Face backward ; and there alfo publickly whipped the next Market- Day after he comes thither : That from thence he be committed to Prifon in Bridewell^ London^ and there reftrained from the Society of all People, and kept to hard Labour, till he (hall be releafed by Parliament ; and during that Time be debarred from the Ufe of Pen, Ink, and Paper, and (hall have no Relief, but what he earns by his daily La-
The
«1 Upon thU Occafion there was publifljed by Authority of the Parliament, the following Paper, intitleo, A brief Actfunt of Jarne« Naylor, the Quaker j and the uttering of many horrible LUafpbemiei, tte Jtk:-, for at! Circumflancet, nevtr beard of in any Agt brfite, viitb
the Judgment pronaunctd upon him by Mr. Speaker, be being biougl-t
46 The Parliamentary HISTORY"
nCXt ^^ 7amcs Naylar being brought up to receive his Sentence, a Motion was made, that he might be afked, Whether he had any Thing to offer why Judgment fhould not be pronounced upon him ?
it
t» tie Bar in toe Commons Hcxfe, for toale bigb Crimes wbercofkc bad teen guilty, Dec. ij, 1656. At tbeTop of this Sheet is a Print engra- ved by Hollar, reprefenting the Manner of Kaylar's Sentence being put in Execution. Then follows tlie Account itfeif, in bat Verba.
'James Baylor, the Qu-kcr, having been releafed out of Exeter Coal, he began immediately to play his P.anks at divers Places in the Weft j among the reft, he paiTcd by ffelts and Glafienlury, thro* •which Towns he rode on Horfeback, a Man going bare before him, and others walking on Foot on each Side of his Stirrup, and others Brewing their Garments in the Way ; from thence he took his Way towards Brifto!, and coming to a little Village call'd Bcdrnnfier, about a Mile fcom Brijiil, he rode through that Place likewife, a young Wan lare-headeci leading his Hone by the Bridle, and another Man before with his Hat on.
' There accompanied him two Men, with each a Woman behind him on Horfeback 5 which Women alighted when they came to the Suburbs vfBrifnl, and footed it along on each Side ofNaylor's Horfe, the Man ftiii bare-headed leading the Horfe; and as they advanced along they furg;, and entered Bnftol finging, Holy, Holy, Holy, Lord Csd oflfrae/j and then the Women led the Hone with the Reins in their Hands, up to the High-Crofs of Brifal, and from thence to tr.e WL:tt-Uart Inn in Broadftrfet.
' The Magistrates fending for Naylor and his Companions, they came finging all the Way Ucj'ar.r.a, and Holy, Holy, Holy, &c. His Name that went bare before'him was T:m!>tby Wedlock, a Devtnjbirt Wan. The one Woman was named Martha Symonds, Wife oflhamcu Symonds, Stationer of Landau j the other Hannah Strangcr, Wife of John Stranger, of London, Comb-maker.
' The Magiftrates having convened NayJ&r and the reft, divers flrange blafphemous Letters and Papers were found about there, wherein it appeared, that this Deceiver had fo far gained upon his Followers by his Impoftures, that they afcribed to him Divine Ho- »ours, and gave him in Scripture Phrafe the fame Titles which ere applicable to none but Cbrift himfeif.
* In a Letter of one Richard ¥ airman, from Dorchejier GoaJ, to Way lor, we-e thefe horrid Expreflions, / am filed with Jcy and Rejoi- cing laben I behold tbee in the ctsrnal Unity. O my boul it melting •within ntt, ivhtn I behold thy Beauty and Itinocexcj, dear and precious Sen of Z ion, -u/bofe Mother is a Virgin, and vfafe Birth is imacrta/.
* Another writes of him thus, Mil the ivife Menjhailfeek for him, and -when they have found him, they Jhall open their Ears, and flail give unto him of their Gold, Frankincense, and Myrrh.
' The fame Woman, in another Letter to him, proceeds thus, 0 tbeu fat reft ofTen Ibfufand: 1'bcu inly begotten Son of God, bow my Heart panieth after tbee, 0 flay me ivitb flagons, and comfort me •ioitb Wine. My Well beloved, tbou art like a Roe, or young liartt uptn the Mountains of Spices. Then, by way of Poftfcript, her Haf- J;»nd, John Strs.r.gert adds this, Tby A'amt is «» mare tt in called James but Jefus.
Of E N G L A N D. 47
it pafTcd in the Negative, by 107 againft 85 ; which inter- r^mim. arbitrary Vote feems to jtiitify Mr. Wbitkctft Ob- >6s6. fervation, ' That many thought he was loo fiercely ^***~*'~' "^ profeeuted by rigid Men.' Januar*'
Thus much tor this Enthufiaft.
The reft of this Month, and Part of the next, was chiefly taken up in hearing of Petitions relating to private Affairs, and going upon Ways and Means to raife Money for the Spanijh War. But,
About the Middle of January , Secretary, Tbur- A Thankfgivini; Joe alarmed the Houfe with a wicked Defi^ti to take away the Lord Protector's Life, and fire /^**<?/> and read the Examination of divers Perfons con- cerned in the faid Plot, taken before the Council : For the happy and timely Difcovery hereof the Parliament ordered a Day of Thankfgiving to be held, fir II by the Houfe, and afterwards by the three Nations. A Declaration, by way of Narrative of this dangerous Confpiracy r, was ordered to be
drawn
' Alfr> a Maid, named Dorcas Erbury, being examined, declared J.imes Nay/or to be the Holy One of Ifrjcl, the only begotten Son ot" tied j and that (he pulled off his Stockings, and put her Cloaths un- der his Feet, becaule he was the floly Lord of Ifrael, and that flic knew no other Saviour but him ; affirming moreover, That the Spirit of the Lord within her commanded her to call him Lord and Mailer, and to ferve him : That, in Exeter Goal, he had railed her frr.m the Dead after (he had been dead two Days : And that Janes Naybr Aall fit at the Right Hand of the Father, and judge the World. "
' Thus you fee how this wretched Importer hath prevailed upon his Followers, to bewitch them to the committing of flrange Abfurdi- tjes. An Account whereof I had hitheito fbrborn, but have now given it in brief", that the Honour and Juftice of the Parliaments Sen- tenet; paftrd uppn him, may be evident to the People.*
«• It was called Synder comic's Plot, which is taken Notice of by moft of our Hiftorians. TlysMan was found dead in his Bed the Morning before his intended Execution. Whether he poifoned hira- fclf, as was given out by public Authority at this Time ; or wa« fmothereil, by private Orders from Cromwell, for lear he ftiould make fome Difcovecies at the Callows to the Prejudice of the Protestor, (as charged upon him by Col. Titus, in his Killing no Murder) re- mains yet a Queftion. We fliall therefore content ourfclvcs xvith remarking, That, in the 5th and 6th Volumes of Tburloc'a Su:t Papers, there are Letters from Lockbatt, Ooww^/'s Amballador in Franc*, to 'Tburlot^ and from him to lltr.ry CromzocK, in Ireland^ with ft-. rial Examinations and other Papers teh ing to this Defiga againft the Protector's Life ; which fcems to have beta, in &me xncafurc, encouraged by the Court *f Spain.
48 *£be Parliamentary HISTORY
fcte»-regnum. drawn up and publifh'd ; wherein the Minifters were enjoined, on all Occasions for the future, to pray for the Lord ProtccJor^ and all that are in Authority in this Commonzuealtb. The Parliament alfo voted their Thanks to Secretary Thurloe^ for his great Di- ligence in tracing out this Plot ; and relolved to congratulate the Lord Protector upon his happy Efcape. This was done by the whole Houfe, with the Speaker at their Head ; who, in his Harangue upon the Occafion, fet forth the terrible Confe- quences which might have enfued, had it not pleafed Almighty God to defeat this Confpiracy j as, I/?, The Danger and Ruin of the Reformed Churches abroad, and three Nations at home, who were all ftruck at by this intended Blow. idly-> The cunning Secrecy of it, no more than two knowing the whole Defign. 3%, The Extenfivenefs of it, for, if they failed in one Place, they rejolved to do it in another. He concluded with faying, That, if Cicero were living, he would want Expreflion to fet out the Danger, or the Mercy; fo unparallel'd, fo unprecedented a Mercy, that the Parliament's Hymn was, O cantemus Canticum novum^ Q come let us fmg a new Song unto the Lord |
The Difcovery of this Confpiracy furnifhed the Protector and his Council with a frefh Pretence for opprefiing theRoyalifts; for, in confequence there- of, we find a Bill was ordered to be brought in For continuing and ajjeffing a Tax for the Payment of the Militia Forces in England and Wales, raijed for the Security and Prefervatisn of the Commonwealth j the Debate upon which was opened to the Houfe? by Secretary Tburloe^ hi a Speech to this JEftecl : *
Mr. Speaker,
Secretary T*»r- s fTl H E Scope of this Bill is to fet an extraor- ids Speech for J^ dinary Tax upon the old Delinquent Party, (SSny'nknF-w^ a Retrofpe& by way of Approbation of what
on thefcoyatffts, hath
9 From the 5th Volume of Tburhe's State Papers; in which
there being fome Hiatus', we have endeavouitid to fupply therrij and
to cjear up a few Pafisges w&ch feem to have cf«J>?4 th? Car? pf
tie TrajjjTciiber.
Of E N G L A N D. 49
hfitn been done of this Kind by his Highnefs and Inter-r^n the Council ; fo that we are to confider, l6s
1. « What Reafons his Highnefs and Council had t~T^ to lay the Charge.
2. ' Upon what Grounds it (hall be continued by Acl of Parliament.
1 What moves me to fpeak in it is, the Place I have the Honour to bear.
' The Occafion was, the laft Infurrec~lion made by the old Delinquent Party. Who thefe old De- linquents are, I fuppofe Nobody needs any Infor- mation ; they are defcribed in the Bill, to be thofc who were in Arms for the late King againu the Par- liament, or for Charles Stuart the Son ; or have adhered to, aflifted, or abetted the Forces raifed againft the Parliament ; or whofe Eftates have beert fequeftered for Delinquency.
4 You know, Sir, much better than I, and fo do molt Men here, what the Defign was before the Long Parliament. It was to alter our Religion, and to fubvert the Fundamental Laws.
« The Biftiops, fo they might cnflave our Con- fciences, and have us at their Will to impofe their Ceremonies, which were but Inlets to Popery, were content we mould be at the King's Will for our Perfons and Eftates. I remember myfelf, and many here remember much better, how many were baniftied into foreign Parts, that they might ferve God without Fear, which they could not do here. Many good Minifters were imprifoned, others filenced : If two or three Chriftians met together to pray, this was a Conventicle, and they were haled before the then Powers.
* I fear thefe Things are forgotten, and we value not the Liberty we have in thefe Cafes. I know what Thoughts we had then j that that was the Defign.
* And fo in the State, the Prerogative was tery high, but the People's Liberty was very low. We have not forgot the German Horfe that were to be brought over, and the Army in Ireland that was to be raifed to enflave them firft, and then to do the
VOL. XXI. D fame
5 o *Fhe "Parliamentary HISTORY
fnter-repnum. fame here. What was doing in Scotland many Gerc- l656- tlemen here, I doubt not, that rejoice to fee this V"T~V J Day, can tell you large Stories of.
' Parliaments were fet afide : How many had ye between 3° and 16° Car. in thirteen Years toge- ther ? Not one ; no, they had got a Way to govern without Parliaments ; and the Laws in Weftminftfr- Hall began to be of little Ufe. The Judges, that were honeft and true to the People's Liberties, were either removed or difcountenanced, that ad Placl- tum Regis fmt Sententits Legis : Other Courts flou- rifhed ; the Marches otlVales, the Prefidentftiip of Tork^ the Star-Chamber, the Council-Board, the High-Commiflion, and, I am loth to name, the Chancery ; but good Ufe was made of that too, for their Purpofes that were arbitrary ; and the De- fign was to rack all Things fo, that a Man could not be met with there that would hear Reafon".
' The Truth was, the Defign was to govern us fcy a Power that might be turned againft us ; and it was faid, quod placuit Principi Legis Vim habet.
( Things were almoft become defperate ; and all Men who loved their Country thought, all, either of fuffering, or of flying. This, I fay, was the firft Defign. To do an arbitrary A6t, out of Ne- ceflity to fave the whole, that's another Thing ; but this was Matter of Choice.
' In this Conjun£ture of Affairs the Long Parlia- ment comes j queftions the King's Counfellors ; undertakes the Caufe of the Nation, and advifes the King : Inftead of liflening to them, he takes the Advantage of railing an Army in Profecution of his former Defign, and to defend thofe who were the Inftruments thereof. A great Part of the Nation, whom he and his Counfellors had debauched, and who were feafoncd with the fame Principles, in Ha- tred to the Spirit of Reformation and Liberty, which appeared in the Parliament, adhered to him ; took up Arms with him, and in his Caufe ; and I believe Nobody here hath forgot how much Blood and Treafure this Courfe hath coft this Nation in a Ten- years War i for near fo long hath this Party of
Men
Of ENGLAND. 51
Men held up their Caufe aforefaid, againft the good People of this Land, by an open War; and what
Havock hath been made of the Lives and Eftates of
i r» • i i • <•¥->• January.
many a good Patriot during this Time, is yet to be
lamented ; and the Lofs of your Relations, the Emptincfs of your Purfes exhaufled in this War, the ftgnal Deliverances which God hath given you, w.ll not fuffer you to forget what our Condition had been, if we had been given up into the Hands of thefe Men.
* Thefe are the Men, Sir, this is the old Delin- quent, that we have to do with in this Bill.
' In the Management of this War, we have had many Divifions and Subdivifions amongft ourfelves : 4 In the Church, Prefbyterians, Independents, Anabaptills ; in the State, bad Commonwealth's- mcn ; fuch as mercenary Soldiers, Lawyers, Fifth Monarchy-men ; every one labouring for their own Interefts ; but none of all thefe are now in Queftion. Lut 'tis the old Enemy; Men that would bring irf the Hierarchy again, and with it Popery ; Perfecution for Confcience Sake ; bring in 'I^yranny over our Perfons and Eftates ; who endeavoured to have made the Land defolate, rather than not have brought this to pafs ; brought in all Manner of Profanenefs and Debauchery: I wifti we do not forget what Manner of Men they were. We did all once agree againft them, and I hope we {hall do fo again, fo long as they retain their old Principles.
* I fay, the worft in this Bill is, to make thefe Men pay an extraordinary Tax for the Support of the public Charge.
4 Aye, but 'tis faid they have compounded ; many of them have, for their Delinquency; and they have had an A61 of Oblivion; and are now, in Juftice, to be looked upon as the reft of the Nation f
4 That fure is not hard to anfwer. Their Com- pofition was but for what they had done : Sure it was not for all they mould do. The Pardon was but of Offences part ; it was not like the Pope's Pardons, that are of all Sins committed, and to be committed •> fo that if they be guilty of new Offen-
D 2 CCo,
52 The Parliamentary HISTORY
Tnter-regnum. ces, it is juft to fubject them to new Penalties ; and
1656. they to be dealt with, as if they had made no Com-
*~T~*~ ~~* portion, nor had any fuch Pardon granted them.
But then the greater Queftion is, What thefe Men
have done, which may juftly cancel their former
Grants ; and how this comes to be a common Cafe;
if forne of them have offended, muft all fufferf
' In Anfwer to this, I would premife two Things:
1. ' The Queftion is not about Confifcation of Life and Eftate, which the former War fubjected- them to; and which, without their Compofition or Pardon, might have been inflicted ; that Offence was capital ; but it is only, whether they (hall pay fome- what more to the public Charge, than thofe that have been of the other Party ?
2. ' Exception is propounded to thofe, who cither have or (hall give Evidence of their having forfaken their former Intereft.
4 The Onus probandi is put orr their Side, and ma- ny have had the Fruit of this : His Highnefs and the Council, having had good Satisfaction concerning jnany of them, have difcharged their Decimation ; and I fuppofe this Bill is not, or ought to be, to reach to thefe ; fo that the Queftion will not be of every individual Man, but of fuch only as have not nor can give any Teftimony of their having changed their Interefts and Principles; on the contrary, have given a juft Ground of Sufpicion that they do retain them.
* For thofe who have actually had a Hand in- defigning, contriving, acting, or abetting in the late Infurrection, and can be convicted thereof by Teftimony, that is under another Confideration, and will not be pertinent to be fpoke of under this Head.
4 Then to anfvver that Queftion, What have they tlone ? It's true, there was an Infurrection, and of fome of the Party, Wagftaffe^ Wtlmott, &c. but are all therefore to be punimed ? What hath the •whole Party done ? This I would fay, in general, that the old Delinquent Party have not only the fame Intention^ that they had, when they were in
open
O/* ENGLAND. 53
open Arms, and notorioufly manifefted it to the inter-regnum, Confciences of all Men who will confider it, but lfirfi they do retain their old Principles, and ftill adhere to their former Intereft (what that is I have fpoke before); and have been all along hatching newDi- Iturbances, to trouble the Peace of the State : And although the Teftimonies do not extend to fuch a Proof 'as is necetfary to a legal Conviction, ^et fo much is known of the Actions and Converfation of the whole Party, as may fatisfy any indifferent Man, (efpecially a State, who ought rather to be too jealous than too fecure) that they were generally in- volved in the late Defign ; and ought, in Reafon, to have the Charge laid upon them.
' To evince that, take a View of this Party ever fmce the Battle of Worcefter. There you knov/ their Hopes were broken ; and the Lives and Eftates of that whole Party, in the Three Nations, fubjectetl to your Power. What, Doth the Parliament apply themfelves to heal and cement, and to take away the Seeds of Divifion ? Hence it is, that not only JufHce is done them all, but an Act of Grace is granted to them, and that by the Government. What do they meditate ? The Overthrow of thofe, \vhofe Favour they were, by the Providence of God, compelled to feek ; for, from that very Day, untHl the late Infurrection broke forth, they have been m Agitation of ill Defigns.4
Notwithftanding the Arguments alledged, by the which Secretary of State, in favour of this Bill "for levying is rejected by the a Tax upon the Royalifts; yet there being a ftrongjj^. f own Sufpicion m the Houfe, that the real Tendency Relations, thereof was to fupport and increafe the Authority of the Major-Generals, it met with great Oppofition. Thefe Officers had Bafhaw'd it to fo high a Degree, as to give Offence to the whole Nation : Cromwell^ fenfible of this, and having already ferved his ovrn Ends by them, the principal of which was to influ- ence the Elections for this Parliament ; and begin- ning to be jealous of their growing Power, deter- mined to gratify the Defircs of the People by laying D 3 them
54 ¥he Parliamentary HISTORY
|ijter-r?pnim. them afide ; and accordingly, foon after, the Of- ?656- free and JurifdicYion of thefe Major-Generals were
^rrT**~~^ wholly abolifhed. — This accounts for the Oppoft- tion made to the Bill by Cromwell's own Family. We find that his Son in-Law, Cleypole, in the De- bate thereupon, told the Houfe, * That he, being young in Bufmefs, could only {tart the Game; and muft leave thofe, who had more Experience, to fol- low the Chace : That therefore he fhould only fay, That he had, formerly, thought it neceflary, in re- fpe6t to the Condition in which the Nation had been, that the Major-Generals fhould be intruded with the Authority which they had exercifed ; but, in the prefent State of Affairs, he conceived it in- •confiftent with the Laws of England, and Liberties of the People, to continue their Power any longer/ Eotchr^ one of the Major-Generals, having fpoke in favour of himfelf and his Brethren, Col. Henry Cromwell, the Protector's Nephew, took him up very fmartly^ faying, * He obfervcd that many Gen- tlemen, and particularly the laft, feem'd to think it juft that, becaufe fome of the Cavaliers had done
amifs, therefore all ftiould be punifhed. By the
fame Argument, fays the Colonel, becaufe fome of the Major-Geiierals have acted unjuflly and againft Law, which I will undertake to prove, all of them deferve to be puniflied.' — Hereupon Major General Kelfey call'd To Order ; and defiled that thofe who had done wrong mi^ht be named. Col. Cromwell^ •with great Spirit and Refolution, feconded the Mo- tion ; and begg'd Leave of the Houfs, that he rnight nam? the Offenders ; and was fupported, herein, by Mr. James Ajhe. But this was over- ruled, as the Journals inform us, left it fhould in- terrupt the main Bufmefs of the Houfe : However, cm the 28th of this Month, the Debate was re- iumcd ; and there appearing a general Refentment a^ainft the Bill, the Major- Generals Party would have dropp'd the Debate for the prefent j but this was over- ruled, by a Majority of 128 againft 50. And, the next Day, a Motion for the fecond Read- jng pf the Bill having pafled in the Negative, by
Of E N G L A N D. 55
121 againil 78, it was refolvecl, by 124 againft 88, inter-wgnura that the fame be rejected. 1656
The Writer of the Letters ' from whence we ^^J^" have extracted our Account of the foregoing De- bate, and who was himfelf a Member of this Par- liament, informs us, * That the rejecting of this Bill, which feems to have been effected principally by the Opposition made to it by fome of the Pro- tector's own Family, gave great Difgufl to the Ma- jor-Generals, and the Behaviour of Col. Cromwell
more particularly fo.' ' Harry Crvrmvell^ fays
he, bcin« threatened, by the Major-Generals Par- ty, that the Protector would and did take ill what he had fpoke in the Houfe, went direclly to his Highnefs, and ftood to what he had faid manfully and wifely : And, to make it appear that he fpoke not without Book, had his black Book and Papers ready to make good what he had aflerted. His Highnefs anfwered him in Raillery, took a rich, Scarlet Cloak from his Back, and Gloves from his Hands, and gave them to Harry, who Strutted with his new Cloak and Gloves in the Houfe, the next Day; to the great Satisfaction and Delight of fome, and Trouble of others.'
This public Affront thus put upon the Major- Generals, contributed, perhaps, not a little to their Oppofition, foon after, to the Propofal for making cf Cromwell King; and probably was an equal in- ducement to fome of the Cavalier Party in the Houfe, to vote for his Advancement to the Crown,
But not to anticipate Matters too much, we (hall return to the Journals.
February. This Month began with Debates upon Ways and Means \o raife Money for the Spani/b A Grant of War; which were carried on, de Die in Diem% '^^^L a Grand Committee of the whole Houfe, till the WaVwhh yth, when the Report being made, it was refolved, • • That, towards raifing 400,000 /. voted by the Houfe, there be an Afleflment, for three Months,
9 through-
t Mr. Vincent Gsokin, one of the Members for Inland,
2A«r/«, Vol. VI. p. 20 j 37,8.
56 The Parliamentary HISTORY
Jnter-regnum. throughout England, to commence the 25th of 1656, March next, after the Rate of 60,000 /. per Men-
*-— v— — ' Jem: That 15,000 /. be raifed, by Afleflment, in Fe ruary. Scotland, and 2O,OOO /. in Ireland, to be paid in be- fore the 24th of June next.' Then it was farther refolved, *That it be referred to the Grand Com- inittee appointed to prepare a Bill in purfuance of the foregoing Votes, to confider of a Claufe in the Preamble, or other Part thereof, for aflerting the Rights of the People, That no Monies ought to be levied without common Confent in Parliament.'
The laft Refolution feems to have been diftafte- ful to the Protector and his Council ; for we find that, on the loth of this Month, the faid Refolu- tion being read again in the Houfe, and the Que- ftion put, That Leave be given to the Members to fpeak again concerning this Vote, the Houfe divided, when it was carried in the Affirmative, by 82 againft 53. The Serjeant at Arms was then fent to fum- mon all the Members in IVeJlminfter-Hall, to at- tend the Service of the Houfe; and, after Debate, the Queftion being again put, That the Grand Committee appointed to prepare the Bill for the Afleflment of 6o,ooo/. for three Months, and other Sums, towards the raifing of 400,000 /. for carry- ing on the Spanijh War, do prepare and bring in the fame without inferting the Claufe directed by the Vote of the yth Inftant in that Bill, it patted in the Affirmative, by 132 againft 46. But, at the fame Time, it was agreed that that Claufe be put in a Bill for the Settlement of the ordinary Revenue : So that the Matter was not made much more plea- fing to the Protector and his Council by this Alte- ration.
Mr. WlitlocJte Mr. Whithcke having acled as Speaker, for fome
receives the Time, during the Indifpofition of Sir Thomas Wtd-
Thanksof the Jrington, on the i8th of this Month the Houfe
' voted him their Thanks for his great Services in that
Station, aod alfo in the Capacity of Ambafiador to
Sweden : They likewife ordered the Commiifioners
of
Of E N G L A-N D. 57
of the Treafury to pay him 500 /. due on account of that Embafly, and 2OOO/. more as a Gratuity for his faithful Conduit therein.
February.
Hitherto there is nothing elfe particular in the Af-Thc parijarnent fairs of this Month ; but that, on the I9th, the dine with the Speaker acquainted the Houfe, That the Lord Pro-Lofd Pr°tcft°* te&or had invited all the Members to dine with him,at Wbltt af' at the Banq uetti ng- Houfe in Whitehall^ the next Day, being the public Thankfgiving for the happy Deliverance of his Highnefs's Perfon from the late dangerous and bloody Defign of Aflaflination, by the Difcovery of Synder combe's Plot. The Parlia- ment accepted the Invitation; when, as our Autho- rity exprefles it ", ' The Lord Protector gave them a moft Princely Entertainment, attended with rare Mufic, both of Inftruments and Voices.' This Compliment was fo well relifhed by the Houfe, that they were determined not to be behind-hand with his Highnefs in point of Complaifance. Ac- cordingly,
Feb. 23. Alderman Pact, one of the Reprefen- Alderman P«rf tativrs of the City of London^ after taking Notice topiopofestomalw the Houfe of the unfettled State of the Nation this Time, and the Difcompofure of Men's Minds, with the ill Afpeft thefe had upon foreign Princes, Trade and Commerce, moved that the Lord Pro- tedtor might be defired to aiTume the Title of King, as the belt known and moft agreeable Kind of Go- vernment to the Englijh People : He then prefented to the Speaker a Paper, declaring it to be fomewhat come to his Hand, tending to the Settlement of the Nation, and of Liberty and Property, which he defi- red might be received and read x. This Motion oc-
cafioned
u The Public Initlligencrr, N°. 7 1 , in which may be found a par- ticular Narrative of Syndcrcombe's Plot.
* Thh Alderman Pack was Lord Mayor of the City of London, ia 16155, and was then knighted by Cromwell, He is charged, by Hif- tori.ms, with embezzlijrig the Charity-Money coileclcd for the Relief of the poor Proteftants \nPiedntent\ and alfo with being fevcral Thou- fand Pound* in Arrear to the Excife, in which Office he was a Commif- fioacr. It is added, That ail thefe Sins were forgiven him by Oom-
58 The Parliamentary HISTORY
fioned a great Debate ; but, at length, it was re- . _ folved in the Affirmative, by a Majority of 144 March. Voices againft 54, and the Paper was read accord- ingly, intituled, The humble Addrefs and Remon- ftrance of the Knights, Citizens, and Rurgeffes now ajjenihled in the Parliament of this Commonwealth. ? The next Day the Debate was refumed ; when it was icfolved, on a Divifion of 100 againft 44, that the faid Remonftrance be read in Parts, beginning at the firft Article after the Preamble. It was alfo or- Which is agreed dered, ' That all the Members fhould conftantly at- to.by thcHoufe.tend the Service of the Houfe, and not depart with- out Leave : And the 25th of this Month was ap- pointed to be fet apart to feek the Lord for his Di- rection in this important Bufmefs.'
March. The Addrefs and Remonftrance above- mentioned, engaged the Attention of the Parliament almoft every Day this Month. Many Additions and. Alterations were made in it, but none of them fignificant enough to mention here, except that, on the 26th, they refolved to give it a new arid more moderate Name, by ftyling it only The humble Pe- tition and Advice, &c.
The next Day it was ordered that the Speaker, attended by all the Members, mould prefent it to the Lord Protestor ; and, at the fame Time, fhew the Grounds and Reaforis inducing them to oft'er it. Then a Committee was appointed to acquaint him,
* That
•icifll, in ConfiJeration of his undertaking to make this bold Propo- fal to the Houfe. HeatISs Chronicle, p. 386.
Narrative of this Parliament, before cited, p. 17,
Mr. Ludhtu writes, ' That a Piopofal of this Nature had been
made before by Col. 'Jefbfon, but was laid afide upon the firft Men-
' tion of it ; and that Cromwell, to reward his good Intentions, fent
him Ambaffador to Sweden. There is no Notice taken in the
Journals of any Motion of this Kind but Alderman Pack's. How- ever, Jepbfcn did vote for Cramiveirs being King, as appears by the foregoing Lift of the Parliament, p. 23, and was actually fent to Sweden in the Capacity Mr. Ludloia mentions.
y Mr. Wbithcke informs us, That this Addrefs was intended to have been offered to the Houfe by himfclf ; and that he declined it, as not liking feveral Things contained therein 5 but Sir Cbrijhpher faiky to gain Honour, prefentcd it firft to the Houfe.
Memorials, p. 647.
Of E N G L A N D. 59
' That the Houfe having Occafion to wait upon him, inter-regnunu
on fome important Affairs, they defired he would 1657.
name a Time and Place for that Purpofe. The 31 ft v. — v— *•*
of this Month being appointed accordingly, at the March.
Banquet ting- Houfe y Whitehall, the Speaker and the
whole Houfe went up thither with their Petition ;
where the Lord Protector, attended by the Prefi-
dent of the Council, and other Officers of Stare,
were aflembled. After a learned Speech made to
his Highnefs by Mr. Speaker, he prefented, in the
Name of the Parliament, the faid humble Petition
and Advice: Which was read by Henry Scohell, Efq-,
the Clerk : And that being done, his Highnefs gave
Anfwer thereto to this Effect * * * *.
Thus far the Journals : But they leave us at a
Lofs as to the Refult of this Meeting. The Hiatus, however, is, in fome Mcafure, fupplicd by one of J"rJje^.57^Jhe the Diaries of thefe Times z, which informs us. Lord Protetfor ' That the Speaker took this Occafion to commend the Parliament^ the Title and Office of a King, in this Nation, for JjJjJ^^J" Several Reafons ; as that a King firft fettled Chrifti- famc the Title anity in this Iflund : That the Title had been longof King, received and approved by our Anceftors, who, by Experience, found it to be confident with their Li- berties : That it was a Title beft known to our Laws, moft agreeable to our Conftitution, and to the Temper of the Englijb People : And that thefe Things he made evident, at large, by divers grave and weighty Arguments.
4 Afterwards he proceeded to open the Senfeof the Parliament upon the fevcral other Particulars con- tained in that Writing, which they came to prcfent to his Highnefs, in order to the Settlement of the Three Nations.'
' In Return to this the Lord Protector, after an Crctmoell <kftres engroffed Copy of the Petition had been prefented to Tirne to feclt him, was pleafed to deliver himfelf in a Speech, ex- pod forCoun-
/r i /- n- /"« • A r *c' thoeupon.
prefling very much of Piety, Gravity, and good Af- fection to the Parliament and People of thefe Na- tions.
• He obferved that the Welfare, Peace, an,l Settle- ment
» Mercurius Pititicut, N°. 355.
60 The Parliamentary HISTORY
Into-regnum. ment of Three Nations, and all the richTreafure of
^ J^jL' w the beft People of the World being involved therein,
March. ^ ought -to beget in him the greateft Reverence and
Fear of God, that ever poireflcd any Man upon
Earth; with feveral other Expreflions intimating his
Fear and Reverence before the Almighty, upon this
fo great and folemn an Occafion.
' That among all the Burdens which God had laid upon him, he, to his Comfort, had found the good Hand of God aflifting him, when he knew not which Way to ftand under their Weight, but by looking up to his good Pleafure contained therein.
' That, before he came to any Refolution, his Intent was, firft, to feek God, who had been his Guide hitherto, to have an Anfwer put into his Heart.
' That if he fhould enter upon fuch a Work as this without due Confideration, to pleafe Humours that are of this World ; without feeking fuch an An- fwer from God as might prove a Ble fling to the Perfon ufed, and make up the noble, worthy, and honeft Intentions of thofe that had prepared and ef- fected the Work, it would feem to proceed from Luft and Arguments of Self; and that, mould his Motives be fuch, the Iflue might prove fad to them and the Three Nations, who, he believed, intended well in this Bufinefs ; and had none but honeft and fincere Ends therein, as the Glory of God, the Good of the People, and the Rights of thefe Nations.
« That therefore, fmce they had made fuch a Pro- grefs in the Work, he defired fome fhort Time to afk Counfel of God and his own Heart: Arid he hoped that neither the Humours of any weak or un- wiie People, nor the Defires of any who might have a Lufting after Things that were not good, mould fleer him to any other Anfwer but what might be ingenuous, and for the Good of thole that he and they ferved, and were made to ferve. And con- cluded, That as the Thing well deferved the utmoft Deliberation, fo he mould think himfelf bound to give as fpeedy an ArUwer as he could.'
Thefe
Of E N G L A N D. 61
« Thefe, fays our Journalift, are only fome {hort Intcr-regnunr» Heads of what was much more copioufly and ele- gantly fpoken, by his Highnefs, to the Parliament, U"^v,^ with that Majefty and Authority, which appeared moft eminent in all his public Actions ; in the Re- petition whereof he had only to crave Pardon, left he had been injurious to the Dignity of fo wife and fo ferene a Perlbn.'
Obferving only, from the Style of the foregoing Extracts, That Tyrants never want Flatterers, we return to the Journals of the Houfe, which inform us, That
The Protector fent a Letter to the Speaker, defiring the Houfe to appoint a Committee to attend him that Day at Whitehall; which being done accordingly, on the next the Lord-Commif- fioner JVbitlocke reported from them, That they had waited on his Highnefs, according to the Order of the Houfe, and that he expreffed himfelf to the Committee to this Effect * * * *.
Here is another Hiatus in the Journals; the more to be regretted, fmce we have it not in our Power to fupply the Deficiency from any of the Contemporary Authorities : And we can only fuppofe, that the Pro- tector gave the Committee fome Reafons agaimt their Offer of making him King ; and defired them to carry their Petition and Advice back to the Houfe for Amendment ; becaufe the next Day they fell into Debate on this Matter ; and a Queftion being pro- pofed, That this Houfe doth adhere td their humble •Petition and Advice, prefented to his Highnefs the Lord Protector, it was refolved in the Affirmative, by a Majority of 78 againft 65 : But at the fame Time it was ordered, ' That the prefent Debate fhould be adjourned to their next Meeting, to be entered on the firft Bufmefs, and nothing elfe to intervene.' Accordingly,
On the yth, the Debate was renewed in the Houfe i when we find that they ftill adhered to their
laft
6 2 ¥he Parliamentary HISTORY
Inter-regnum. laft Vote, and appointed another, and a more riu- *657« merous, Committee to attend the Lord Protector ^""""""^T — ' with the following Refolution : c That the Parlia- ment having lately prefented their humble Petition The Houfe ap- an^ Advice to his Highnefs, whereunto they had not point a Commit- as yet icceived Satisfaction ; and the Matters con- tee to wait on tained in that Petition and Advice being agreed up- fwer- n"on by the Great Council and Reprefentative of the
Three Nations ; and which, in their Judgments, were moft conducing to the Good of the People thereof, both in their Spiritual and Civil Concern- ments ; they therefore thought fit to adhere thereto, and to put his Highnefs in Mind of the great Obli- gation which refted upon him, in refpect of that Advice ; and again to defire him to give his Aflent thereunto.'
The next Day the Parliament, in a Body, attend- ed the Lord Protector in the Eanquetting- Houfe at Whitehall, when the Speaker prefented to him the foregoing Refolution. His Anfwer on that Occa- But he de.lres flon js not enterec} jn t|)e Journals; but the laft
further Time, . A . . . r TM t • rr-
and raifes many Clted Authority a informs us, I hat his Highnefs was . pleafed to make a Return by a Speech, with his wonted Piety, Wifdom, and Moderation, to the following Effect :
4 That no Man could put a greater Value than he did, and always fhould do, upon theDefires and Advice of the Parliament; readily acknowledging, that it was the Advice of the Parliament of thefe Three Nations.
* That he looked upon the Things advifed to, in the general Notion of them, as tending to the Set- tlement of the chiefeft Things that could fall into the Hearts of Men to defire or endeavour after; and this at fuch a Time, when the Nation was big with Expectation of any Thing that might add to their better Being; and therefore that he muft needs put a very high Efteem upon, and have a very reverend Opinion of, any Thing that came from them j and
that
» Mercuriui PeHiicus, N°. 356,
Of E N G L A N D. 63
that fo he hath had of that Inftrument prefented to later- regnum.
him, as he had already exprefled himfelf; and that
what he exprerted had been from a very honeft Heart
toward the Parliament and Public, which (he faid)
he (pake not to compliment them, being part all
Confederations of that Kind, feeing both himfelf and
the Parliament muft be real now, if ever.
4 That in this Bufinefs they laid a Burden upon^a Man confcious of his own Infirmities and Difabili- ties ; ami therefore he hoped that it would be no Evil in him to meafure their Advice and his own In- firmities, feeing thcfe would have fome Influence upon Confcience ; Confcience in him that receives Talents, to know how he might anfwer the Truft of them : That he hath had, and ftill hath, fuch a Confcience ; and therefore that when he thought he had had an Opportunity, lately, to make an Anfwer, he made that Anfwer; being a Perfon that had been before, and then, and fmce, lifting up his Heart to God, to know what might be his Duty at fuch a Time as this, and upon fuch an Occafion and Trial as this was to him. '
' That he knew great Place, great Authority, to be a great Burden ; and that he knew a Man who was convinced, in his Confcience, that nothing lefs would enable him to the Difcharge of it, than Af~ fiftance from above ; and that it concerned fuch a Perfon, fo convinced and fo perfuaded, to be right with the Lord in fuch an Undertaking. And that if he undertook any Thing not in Faith, he might ferve them in his own Unbelief, and fo be the un- profitableft Servant that ever a People or a Nation had.
' That he defired Leave therefore to afk Coun- fcl, being ready to render a Reafon of his own Ap- prehenfions, which, haply, might be overfwayed by better Apprehenfions.
4 That as to the Point of Liberty, he acknow- ledged they had made Provifion for it, both Spiri- tual and Civil ; the greateit Proviiion that ever was made.
•That
64 ?#<? Parliamentary HISTORY
Inter- rcgnum. ' That himfelf defired Liberty to vent his own
1657. Doubts, and his own Fears and Scruples, though
^-""V""1 "^ haply, in fuch Cafes as thefe were, the World had
Ai" ' judged that a Man's Confcience ought to know no
Scruple; but that his did; and that he durft not
diflemble ; and therefore they who were knowing
in the Ground of their own Actions, would beft be
able to meafure Advice to others.
' That there were many Things in that Inftru- jnent, befides that one of the Name and Title of King) which required much Information as to his Judgment; and that it was they, and none but they, that could capacitate him to receive Satisfaction in them : That otherwife he muft fay, He was not in- formed, and fo not ac"led, as he knew they intended he fliould be, and as every Man in the Nation fhould be.
' That he could not tell what other Return to make to them than this, That he was ready to give ' them a Reafon if they would capacitate him to give it, and themfelves to receive it, and to do that in . the other Things, if they would inform him a little more particularly than the Vote palTed Yefterday, and now read to him : And that he hoped, when he underftood the Grounds of thofe Things, the whole being not fo much for their Good and his.own, as for the Good of the Nation, there would be no Doubt but that they might, even in thofe Particu- lars, find out fuch Things as might anfwer their Duty, his own, and all their Duties, to thofe whom they both ferved.
* That this was what, with a great deal of Affection, Honour, and Refpeft, he offered then unto them.'
A Committee On the gth, the Speaker having reported the appointed to re- Tranfa&ions of the foregoing Day, it was refolved, ceive his Scru- t That a Committee be appointed to wait on the ?es* Lord Protector, and to receive from his Highnefs
his Doubts and Scruples touching any of the Parti- culars contained in the humble Petition and Advice
for-
Of E N G L A N D. 65
formerly prefented ; and, in Anfwer thereunto, to Inter-recnum. offer to his Highnefs Reafons for his Satisfaction, l657- and for the Maintenance of the Refolutions of the r~~*~T^ Houfe : And fuch Particulars as they could not fa- p
tisfy his Highnefs in, to report to the Parliament.*
In purfuance of this Order the Committee waited on the Lord Protestor, but were put off, from Day to Day, as the Journals inform us, on account oj an Indifpofition of Health in his Highnefs, and by rcafon of a new Plot juft then difcovered againft himc; fo that it was not till the 1 6th that they were admitted to an Audience. The principal Speakers on this Occafion were the two Chief Juftices, Glynne and St. John, Mr. ffflutlffcJbtanc of the Com- iniilioners of the Treafury, Mr. Lijle and Mr. Na- thaniel Plenties, Commiffioners of the Great Seal, Lord Brogbill, Mr. Lentball, Mafter of the Rolls, Sir Charles ff^otfe/ey^ Sir Richard Onflow ', and Col. Philip Jones.
VOL. XXI. E The
c This was an intended Infurreftion of the Fifth MoAarcky-Mtn, heaJtd by Major- General Harrifon, Colonel Rich, Major Dan-vers, and Vice Admiral Laivfon, who were taken into Cuftody of the Ser- jeant at Arms ; and for the Difcovery of this Plot, Secretary Tbur- he received the Parliament's Thanks.
•This new.Secl of Enthufiafts called themfelvcs The Remnant ivb* tad -waited for the blcJJ'cd Appearance and Hope. The Device of their Standard, which was brought into the Houfe by the Secretary, was a Lion Couchant, gules, in a Field argent ; with this Motto, I'/ko Jball roufe bim up f Gen. xlix. 9. One of the Perfons that had been apprehended on this Occafion, being afked by the Speaker, What was meant by this Lion ? anfwercd, " The Lion of the Tribe ofjudab" This Standard they filled The Banr.fr that God bad gi- ven to bit poor f tattered People : They invited all of their Opinion to gather together into one, and to be united in the Work ; intending, with Sword in Hand, according to their Light and Apprehenfion of Things, (as they declared in Print) to give their Judgment, in re- fpecl of Power, Laws, Government, Exercife of Magiftracy, Ad- tniniftrdtion of Juftice, Rights and Privileges.
' And ho A- they intended to do this, they fet forth in thefe feveral Particulars, vix.
1. ' By executing Vengeance upon the Beaft and the falfe Prophet, the Kings of the Earth and their Armies and all the Inhabitants and Powers of Btbjlon j which Name they failCn'd upon all Powers bcfide their own.
2. ' By placing the Supreme LcgiHative Power in Cbrift.
3. ' By crofting a Sanbedrnr, fas they c.u'M it) or a S.-.'rem* Coun- cflof Men, to be chofen by thenjfclvos, to b~ the Rcprefentativc of the whole Body of the Saints, on the Bchah of Cat if,, wiiofc Pay
they
66 The Parliamentary HISTORY
inter-regnum. The Arguments offered by this Committee, witli 1657. the Protestor's Anfwers, were printed at this Time ; *— — v~-J they were alfo reprinted in April, 1660, upon the April. t^gn approaching Reftitution of Monarchy, and again in 1680 and 1742, but all extremely incorrect. The Journals, of the I5th of this Month, help us to account for this unlucky Circumftance, by informing; us, That the Committee's Notes not being perfectly tranfcribed, they prayed further Time for that Pur- tLod Pofe' We flla11 therefore endeavour to fupply this Proteftor there- Deficiency in the beft Manner we are able j and upon. where any of Cromwell's Speeches, on this Occa-
fion, are entered in the Journals, or the authentic Diaries of the Times, give them from thofe Autho- rities.
Having premifed thus much, we proceed to the Matter of the Debate, which was opened by Mr. Whitlocke, Chairman of the Committee, to this Effed:
May it pleafe your Highnefs,
Wr. JWtitkcke, < I underftand that, by Order of the Parliament, this Committee are tied up to receive only what your Highnefs (hall be pleafed to offer, as to your Doubts or Scruples upon this Paper : The very Words of the Order are, That the Committee have Power to attend your Highnefs, to receive from your Highnefs your Doubts and Scruples touching any of the Particu- lars contained in the humble Petition and Advice, for- merly prefented ; and, in Anfwer thereunto, to offer
to
they faid, was now come ; and therefore that they were to aft as Princes under Cbrift, and to govern according to their Light.
Comment Journals. Public* Intelligencer, N°. 79. Mercurius Politicus, N°. 403.
There are alfo in the 5th and 6th Volumes of Tburloe's State- Papers, and in Nickel/is Collection of Letters, &c. addre/ed to Oliver Crormvell, many Papers and Examinations relating to this Plot, and the Principles of this wild Seel, to whom Mr. Butler feems to allude in thefq Lines,
Some -were far fettir.g up a King, ' But all the reft for no fuch "Thing,
Vnlefs King Jefus.
Hudihras, publifhed by Dr. Grey, Vd, II, p, 244.
Of E N G L A N D. 67
tb your Highnefs Reafons for your Satisfafiiony and Inter-regnulh. for the Maintenance of the Refolutions of the Houfe ; ^_ 7"^ and fuch Particulars as we cannot Jatisfy your High- ^j^ nefs in, that ice may report the Jame to the Parlia- ment.
4 Your Highnefs is pleafed to mention the Gb- vernment, as it now is ; and feem, to fome of our Apprehenfions, as if you made that an Objection,* If the Government be welt, why do you change it ? If that be intended by your Highnefs as an Obje&ion in the general, I fuppofe the Committee will give you Satisfaction.'
The Lord Commiffioner IVhithckt having of- fered thus much, the Protestor faid,
' He thought all of them met with a very good Inclination to come to fome Iflue in that grand Af- fair; and he could afiure them he had all the Rea- fon and Argument in the World to move him to it, and was very ready to be guided by them in thci Way of Proceeding; only he confefled that, ac- cording to his own Thoughts in preparing for fuch a Work as this, he had formed this Notion of it to himfelf : That having met them twice, at the Committee firft, and returned them that Anfwer that he gave them then, and the Houfe a fecond Time, he did perceive, that the Favour and Indul- gence the Houfe fhew'd him in that, was, that he might receive Satisfaction : That he knew they might have been pofitive in the Thing, and faid, They had done enough, if they had only made fuch an Addrefs to him : That they might have infifted, That by only offering it, he could plainly fee his Satisfaction was aimed at : That he, really and fin- cerely, thought fo ; and that, truly, he thought there was one Claufe in the Paper that did a little warrant this Notion, To offer fuch Reafons for his Satisfaftion, and for the Maintenance of the Refolu- tions of the Houje.
* That it was true, the Occafion of all this was
the Anfwer he had made : That this occafioned a
Committee to come thither, in order to his Satis-
E 2 faction 3
Inter- regnum, 1657.
U^-v~*-
April.
68 *fbe Parliamentary HISTORY
faction ; and that if they would draw out his Reafons from him, he would offer them ; but he doubted, on his Part, if they ftiould proceed that Way, it would put him a little out of the Method of his own Thoughts ; and it being mutual Satis- faction, that was endeavoured, if they would do him the Favour, it would more agree with his Me- thod, to leave them, firft, to confider their own Thoughts of it together.
The Prote&or having paufed here, the Lord Commifiloner thought it proper to exprefs himfelf, briefly, after this Manner :
Mr. mitloeke. « The Committee that are commanded by the Parliament, and are here prefent to wait upon your Highnefs, I do fuppofe, cannot undertake to give the Reafons of the Parliament for what they have done ; but any Gentleman here can efive his own particular Opinion, for your Highnefs's Satisfac- tion ; and if you will be pleafed to go in the Way \vhichyouhave propofed, and, either in general or in particular, to require Satisfaction from the Com- mittee, I fuppofe we {hall be ready to do the bell we can to give it you.'
The Proteaor took the Word, and faid,
fcord Protttfor. ' ^ think if this be fo, then I fuppofe nothing can be faid by you, but what the Parliament hath dila- ted to you ; yet I think it is clearly exprefled, That the Parliament intends Satisfaction ; then is it as clear, That there muft be Reafons and Argumenta that have Light and Conviction in them, in order for Satisfaction.
4 I fpeak for myfelf herein ; I hope you will think no otherwife : I fay, it doth appear fo to me, That you have the Liberty of your own Reafons : I think, if I mould cite any of them, I cannot calf this the Reafon of the Parliament. In Parliament tary Determinations and Conclufions, by Votes of the feveral Particulars of the Government, that Reafon is dilated and diffufed, and every Man hath a Share of it -t and therefore, when they have deter-
jnin'd
Of E N G L A N D. 69
inin'd fuch a Thing, certainly it was Reafon that intcr-regnum. Jed them up into it. I do very refpectfully rcprefent 1657. to you, That I have a general Diflatisfaction to *— -v— -* the Thing ; and I defire that I may be informed April, in theGrounds that led you, who, I prefume, are all Perfons well fatisfied with the Thing, and every Part of it; and if you will not be pleafed to think that fi£, 1 will not farther urge it upon you : To proceed that Way will be a Favour to me; otherwife, I (halt deal plainly with you, it doth put me out of the Method of my own Conceptions : And then I fhall •beg that I may have an Hour's Deliberation, and that we may meet again in the Afternoon.'
Here the Lord Chief Juftice St. John acquainted Lord Chi-f Ju- the Lord Proteftor, « That the Parliament had fent «»« St. John. them to wait upon his Highnefs, to give him any Satisfaction that their Abilities could fuggeft : That the whole Paper confided of many Heads : And that if his Highnefs intended Satisfaction, the Pro- pofitions being general, they could give but gene- ral Satisfaction, for which they were ready.' The Protector hereupon went on : ' If you will pleafe to. give me Leave, I do agree the Thing is general, as it falls under the Notion of a Settlement : That's a General that confifts of many Particulars j and tru- ly, if you call it by the Title it bears, there it is general ; it is Advice, Defires and Advice : And, the Truth is, that which I have made my Objec- tion to, is but one Thing as yet ; only the laft Time I had the Honour to meet the Parliament, I did offer to them, That they would put me into a Condition to receive Satisfaction to the Particulars : No QuefHon, I might eafily offer fomething parti- cular tor Debate, if I thought that would anfwer the End ; for, truly, I know my End and yours is the fame ; that is, to bring Things to an Ufue one Way or other, that we may know where we are ; that we may attain that general End, which is a Settlement : The End is in us both ; and I durft contend with any one Perfon in the World, That it is not more in his Heart than in mine. I could go to fonic Particulars to afk a Queftion, or aflc a E 3 Rca*
jo 'The Parliamentary HISTORY
Jater-regnum. Reafon of the Alteration, which would well enough l657- let you into the Bufmefs ; yet I fay it doth not an-
•*""TV7"""J fwer me. I confefs, I did not fo ftrictly examine that Order of Reference, or whether I read it or not, I cannot tell ; if you will have it that Way, I fhall, as well as I can, make fuch an Objection as may occafion fome Anfwer to it, though perhaps I mail object weakly enough. I ihall very freely fubmit to you.'
Lord Chief Ju- The Lord Chief Juftice St. John and the Lord flice St. John Commiflioner Fiennes^ owning, here, to the Protec- ***'^ ' That they found they were impower'd to offer any Reafons that they thought fit, either for the Sa- tisfaction of his Highnefs, or Maintenance of what the Parliament had given him their Advice in ; and that they thought they were rather to offer to his Highnefs the Reafons of the Parliament, if his High- nefs's Diflatisfaction was to the Alteration of Go- vernment in general, or in particular ;' the Lord Protector told them, ' He was very ready to fay, he had no Difiatisfadion : That it had pleafed the Par- liament to find out a Way, though it were of Alte- ration, to bring thefe Nations into a good Settle- ment; and that, perhaps, they might 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 honeft Interefts that had been engaged in that Caufe: He faid, * He had no Exception in the general, that the Parliament had thought fit to take into their Con- fideration a new Settlement, or Government; but that having done it as they had, and made him fo far interefted as to make fuch an Overture to him, he mould be very glad if they were pleafed to let him know their Reafon for making the Alteration fuch as it was: That though he could not prefume that he had any Thing to offer to them that might convince them ; yet, if they would take it in good Part, he mould offer fomewhat as to every Particu- lar : That as to the firft Particular, he was clear as to the Ground of it, being fo put to him as it had That he thought fome of the Grounds,
upoq
€>/ E N G L A N D. 71
ITOOR which it was done, would very well lead him Inter-regnum. into fuch Objections or Doubts as he might offer, and would be a very great Help to him therein ; and that if they would have him ftate this, that, or the other Doubt that might arife methodically, he ftiould do it/
Hereupon the Lord Commiffioner/i^zV/?^* beganMr. the Argument in this Manner : ' 1 am very much aflured, that all this Company is come with the fame Affection, and faithful Refpect to the publick Settle- ment, as your Highnefs hath been pleafed to exprefs. For my Part, I do, with a great deal of Clearnefs and Faithfulnefs, and, in my particular Apprehen- fion, conceive that the Method which your High- ne(s mentioned to proceed in, we may anfwer for ; and if any Gentleman be of another Opinion, let him be pleafed to cor reel: me in it.
* The Parliament taking Confideration of the prefent Government, and the Inftrument that doth eftablifli it, feem to be of Opinion that it was very fit there mould be fome Courfe taken for a Settle- ment in the Government of the Nation, by the Su- preme Legiflative Power: Your Highnefs and the Parliament concurring together, they found the In- itrumcnt of Government, in the Original and Foun- dation of it, to require a Settlement by the Supreme Legiflative Power, in regard the Original of the other, as I apprehended by fome Gentlemen's De- bates upon it, might be an Occafion of fome Doubts, and of lefs Stability, if it were left to continue upon the fame Foundation as it now is.
4 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 Settle- ment by the Supreme Legiflative Power; upon that Ground, I fay, it was taken Lnto Confideration ; and a Settlement brought to Effect, upon very folemn, full, and candid Debates, among themfelves, in Parliament.
« Their Intentions, I fuppofe, were only thefc: To provide for the Safety and Peace of the Nations here- after y to provide for the Rights and Liberties) both Spiritual and Civil t of the People of theft Nations:
72 The Parliamentary HISTORY
Tnter-rcgnum. And, in order to make the beft Provifion they could . _^-; for thefe great Concernments of the People, the Pe- tition and Advice, which they have humbly prefent- ed to your Highnefs, was brought to a Determina- tion by them.
6 As for that Particular which your Highnefs did formerly intimate, when the Parliament did attend upon you, and the Committee of the Parliament fmce, and that which you are now pleafed to inti- mate, concerning the Title, I do humbly apprehend the Grounds thereof to be thefe :
' The Foundation of the Title of ProteHor being not known by the Law, but being a new Title, it was thought that the Title which was known by the Law of England for many Ages, many Hundreds of Years together received, the Law fitted to it, and that to the Law, might be of more Certainty, clear- er Eftablifhment, and more conformable to the Laws of the Nation ; that this Title, I fay, fhould be that of King , rather than that other of Prctcttor.
' There is very much as to the EfTence of the Bu- finefs, as fome Gentlemen did apprehend, that the Title fhould be a known Title; that which hath been, in all thefe Times and Ages, received ; that which every particular Perfon hath Occafion to know, and his Rights applied to it: The general Rights of the People, and their Liberties, have an Application likewife, to that Name; which Application cannot be fo clear and certain to fo new a Title, as that of Prote£lor.
' I have heard fome Gentlemen argue, that the Title of Proteftor is grounded only upon the Ori- ginal and Foundation as it now ftands; but the Title of Kingi befides the Conftitutions to which it (hall be made to relate, will likewife have a Foundation upon the old and known Laws of the Nation : So that there will be both the prefent Conftitution, and Jikewife the antient Foundation of the Laws of Eng- land, to be the Bafis of the Title of King :
' What Inconveniences Changes of this Nature may bring with them, can hardly, in every Particu- lar, be forefeen j but it is imagined that there will be
many
Of E N G L A N D. 73
many, which pofiibly we may not be able before- Interregnum.
hand to comprehend : Therefore there feems to be J^57«
more of Certainty and Stability, and of the Supreme <ta*TvT~^
Authority and Civil Sanction, upon the Title of
King, than upon the other of Proteftor: This I
humbly apprehend to be one Reafon concerning
both the Eftablifhment of the whole Petition and 4d-
i)ice> and alfo that Particular, which I think is the
firft Part of it, to which your Highnefs feemed to
object.'
The Lord Commiflioner Whitlocke was feconded herein by Mr. Lentball^ Mafter of the Rolls. *
May it pleafe ymir Higbnefs^
• I am very glad there is fuch a Latitude that we Mr. Ltntball. may fhcw ourlelves here: I know the Parliament intends to give your Highnefs all the Satisfaction that may be: And truly, 1 fay, upon the firvt Head, which your Highnefs is picafed to call a Title, as if it were a bare Title, I muft humbly crave Pardon if I do not think it, neither did the Houfe think it fo; but it carries more in it of Weight than a meer Title: For, upon due Confideration, you fliall find, that the whole Body of the Law is carried upon this Wheel j it is not a Thing that Hands on the Top meerly, but runs through the whole Life and Veins of the Law: Look upon all our Laws ever fmce we had Laws ; look upon all the Conftitution , ftill there is fuch an Intereft, not of the Title, but of the Name of King. Befides, the Title, that's not the Thing; for the Title you may rather tie to the Per- fon, than to the Thing ; but the Word King doth fignify the Perfon.
4 Now, Sir, we fee, in all the Ways of our Pro- ceedings, in the maintaining of the Rights, Proper- ties and Interefh of the People, and of the Preroga- tive of the Chief Magiftrate, that the very Office
carries
a Speaker of the Houfe of Commons In February, 1648 ; when it was rcfolv'd, « That it hath been found by Experience, that the Of- fice nt .1 K;r.g in thii Nation, and to have the Power thereof in any Single Perfon, is unnecellafy, burthenfome, and dangerous to the Liberty, S.ifrty, and public Intereft of the People of this Nation ; and therefore ou^ht tu be aboliflud.* Stt our iSri vol. p, 554.
74 ^fa Parliamentary HISTORY
Interregnum, carries on the Bufinefs, and not the Title; arid yet l657- it muft be fuch a Title too, as implies the Office
*- 7~l'~ ~~* and makes the Office fuitable to the Law : It's the p Office that doth fignify the Perfon, not the Perfon
the Office. I (hall crave your Highnefs's Pardon, if I fpeak any thing amifs. We fee that the very Of- fice carries it on, and not the Perfon, yet that Of- fice rrtuft 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 Reafon why they have adhered to this Title, was for the Maintenance of their Liberties, not for the Change of the Office.
' I muft confefs, I do not fee that the other Title of Protestor will do the fame Thing, that having no further Latitude, nor Extent, but the very In- •ftrument ; it goes no further, for the very Inftru- ment is the Foundation of it, and it can find no other Original; we have had thofe Names heretofore, yet never grounded upon the Thing itfelf, but grounded upon the Office of a King. The Proteftor had no Office or Duty to perform, but what was under the Office and Duty of a King; it's very true, it is not fo now, certainly, for you have now a Title upon that Foundation which is the Inftrument, and it can reach no further : It is a Title that I cannot fee, I muft confefs, but that we may have, under it, a good Magiftrate and good Officers ; but it may extend whither it will; it hath no Limit at all ; and if the Chief Magiftrate fhould prove otherwife than good, you have no Limits to it by any Rule of Law that I underftand : If you pleafe, give me Leave to tell you, that the very Inftrument does give a Foundation to the Title of Protestor, I am iure, to crofs, if he pleafe, the moft Fundamental Points of the Law.
* There was a Time, when a Prince of this Na- tion b, a very late Time too, would change a Name; and it was a very (lender Change, for it was but from that of King of England to King of Great- Britain ; and this was prefented to the Parliament.
It
b Xing James I. See the Proceedings on this Affair, fut, At;r.s 1604.
Of E N G L A N D. 7-
It was debated many Days, and it was refolved Inter-regnui». there, and fettled, That they could not change it; l657- there was fo much Hazard in that Change, they S"~T JT knew not but that all their Rights and Liberties might be thereby altered ; and when the King fa\v he could not obtain it of the Houie, he declared by Proclamation, That he never intended to take any Name upon him that fhould raife any Doubt as to the Liberties and Privileges of Parliament; and cau- fed that Proclamation to be very cunningly printed, and put among the Statutes, though indeed it was none of them: tfut becaufe there was Danger, he laid it down willingly ; only, fays he, your Di- vines, in the Pulpit, thall pray for me by the Tide of King of Great -Britain^ and Ambafiadors (hall make their Addrefs by that Name ; but the Name, in your Laws, I will not alter.
* In the Parliament of 1653, there was a Que- ftion, Whether they (hould not alter the Name of Parliament c, and call it, The Reprefentative of the People ? But the whole Houfe went upon this Ground, That by changing the Name of Parlia- ment to a Representative, they did not know how it might change the very Couilb, Ground, and Reafon of Parliaments ; there is a great deal of Impor- tance in the very Name : 1 remember a very honour- able Pcrfon was then very earneft for it ; I mean, for having this Name changed, and he fhew'd ma- ny Reafons for it ; but hearing the Debates and Reafons againlt it, he fat down, and was fatisfied ; I think I may name him, it was my Lord Ireton^ who faid, He was fatisfied it was not fit to be done at that Time.
' It was a famous Story in every Man's Mouth heretofore, when there was but little Intention to change the Law; I fay, it was a general Resolution given, by the Lords, Nolumus Leges Angliamntarc: It's doubted, yea conceived impoilible, to annex the Laws and the Title of Prttetlor together : This I muft fay, we come now with an Intention for a per- fccl Settlement, fuch as may give Safety to the Na- tion, c In our Twentieth Volum^, p. 182.
76 ¥he Parliamentary HISTORY
tion, to your Perfon, and to the People ; for in- 16 57- deed, Sir, they are very jealous of their Laws and *"""TV*r"""'^ Liberties, and have been fo in all Ages ; and tho* there may be no Intention to do fuch a Thing, yet if you have a Doubt, it's better and more fafe for the Chief Magistrate to keep to that which hath no Doubt.
' The Parliament putting their own Interefts and Regard for you together, and giving you this Ad- vice, this is Vox Pcpuli ; for it is the Voice of Three Nations in one Parliament. Upon Public Intereft, the chief Thing is the Safety of the People ; to that Safety, your Will, your Judg- ment, nay, give me Leave to tell you, your Con- icience is bound ; for it is the principal End of Go- vernment and Governors : This is prefented to you by Three Nations, by the Parliament ; altho' you may make your Hefitations, yet fuch a Thing is of great Weight and Confequence. By the Laws, I can fay, in all Generations, this is mine, and this is the Prince's ; and the Prince cannot do me Wrong, nor the Council cannot do me Wrong, &c. Therefore I think you may fafely, and I hope you •will, agree to this Particular, as we have prefented it : I dare not fay, that your Highnefs, as it comes in a way of Advice from the Parliament, ought to dofo.'
i«rd Protefior. Mr. Lentball having ended, the Lord Proteclor told the Committee, ' That he could not deny but the Things that had been fpoken, had been urged with great Weight ; and that it was not fit for him to afk any of them if they had a Mind to fpeak farther to it ; but if fuch had been their Pleafurc, that truly then he thought it would have made him, according to the Method and Way he had concei- ved to himfelf, the more prepared to have returned fome Anfwer : He was fure the Bufmefs required it from any Man in the World, much more from him, to make ferious and true Anfwers j he meant fuch as were not feigned in his own Thoughts, but fuch wherein he exprelTed the Truth and Honefty of his
Heart :
Of E N G L A N D. 77
Heart : In fhort, That he hoped, when he ha<l Inter-regnnni. heard them fo far as it was their Pleafure to fpeak to that Head, he fhould have been in a Condition that Afternoon, if it had not been a Trouble to them, to have returned his Anfwer upon a little Conllde- ration with himfelf; but that feeing they had not thought it convenient to proceed that Way, truly he thought he might very well fay, That he haa need to have a little Time to refolve what Anfwer to return, left their Debate fhould end, on his Part, with a very vain Difcourfe, and with Lightnefs : And therefore, if they thought to proceed farther, and to fpealc to thefe Things, he fliould have made his own fhort Animadvemons on the whole that Afternoon, and return'd fome fhort Reply; and this would have ufher'd him into the Way, not on- ly to have given the beft Anfwer he could, but to have made his own Objections.'
The Protector having, in this Manner, given In- timation of his Readinefs to hear any farther Ar- guments, the Chief Juftice Glynne began thus :
< Since it is your Highnefs's Pleafure that itLord Chief ju fliould be fpokento now, altogether, by thofe thatft have any Thing to fay, I think it the Intent of the Committee, and the Parliament, to give your Highnefs Satisfaction in all Particulars, both as to Subftance and Circumftance. I confefs I waited for Objections from your Highnefs, that being the principal Scope of the Order.
' Truly, my Lord, I ftand up with no Confi- dence that I can add any Thing to what hath been, laid ; but becaufe it pleafes your Highnefs to do us the great Favour to put ustto Particulars, I think the Queition with you is but fmgly thus : / am already Protector, and 1 am by that Office put at the Head of the Government, whereby 1 meet the Parliament now ; you defire me to take upon me the Office of King, Why do ye fo ? That which we are to fpeak here, is no other but that which we can under- irand was the Senfe of the Parliament, in JuiKfica- iion of what they have done : I fhaJl not ipeak any
Thing
78 1'he Parliamentary HISTORY
Inttr-regnum . Thing of the Government itfelf, but to this Parti- 1657. cular.
^— — \^-~^ * I think the Office of a King is a lawful Office, AFnl« and the Title too, approved of by the Word of God ; that's plain. It is plain likewife, that it is an Office that hath been exercifed in this Nation from the Time it hath been a Nation ; and I think it is as true, that then- never was any Quarrel with the OiHce, but the Mai Administration, that lean remember; I mean, 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 Govern- ment we defire mould be difcharged : If that be true, it is to me a ftrange Ground, having pafTed the Scrutiny of fo many Parliaments where they did debate de Re, that, in all thele Debates, they did not charge it upon the Nation, that the Office cf a King was 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 aflume that Title. Thefe are the Grounds why the Parliament make it their humble Advice and Requeft to your Hiehnefs, that you would be pleafed to aflume that Title ; and I think there is fomething more in it : You are now Lord Protestor of the Three Nations by the Inftrument j and there is a Claufe in this Conftitution, that you (hould govern according to Law ; and your High- nefs is fworn to that Government. The Parlia- ment doth apprehend, that it is almoft impoflible for your Highnefs to anfwier the Expectation of the People to be governed by the Laws ; becaufe you are fo tied up, that neither can they rationally call for it, nor you confcientioufly do it ; and fo nei- ther is the Lord Prctcflor, nor the People, upon any fure Eftablifhment : For here (lands the Cafe : A King hath run through fo many Ages in this Nation, and hath governed the Nation by that Title and Style, that it is known to the Law ; for
the
Of E N C L A N D. 79
the Law of the Nation is no othcrwife than what hath been a Cuftom to be pra&ifed, and is ap- proved by the People to be good ; that's the Law ; and nothing clfe, excepting A£ts of Parliament : And now they have been governed by that Title, and by that Minifter, and by that Office, if fo be your Highnefs fhourd do any Act, and onq fhould come and fay, My Lord Protefior^ you are Jworn to govern by the Law, and yet do thus and thus, as Lord Protector ; tvhyt the King cndd not have done fo ! Aye^ (fay you) but I am not King, 1 am not bound to do as the King, / am Lord Protec- tor \ Jhew me, that the Law doth require me to do It as Protedlor ; if 1 have not afted as Protector, Jbew me where that Law is : Why, you put every one to a Stumble in that Cafe : This is one Thing that, I humbly conceive, did ftick with the Parliament, as to that Particular.
' Another Thing is this, you are Protestor; which is a new Office not known to the Law, and made out of Doors : You are called upon, that you woul J: be pleafed to accept the Office of a King; this is, by the whole People: It's the fir ft Government that, fince thefe Troubles, hath been tendered by a gene- ral and univerfal Confent of the People. If any fhould find Fault with them, and fay, ll'hy^ how fame you to make Governments in this Cafe? Why, the Anfwer is, We are a Parliament, and have your Suffrage ; you have ever trufted us with all your Votes , and we willjuftify it: But be/ides, we have not dene it Jttither ; we have but fettled it upon the old Fcundations. ' Then as for Regal Government ; however, fome may pretend that a King's prerogative is fa large that we know it not, but is unbounded; the Parliament are not of that Opinion. The King's Prerogative is known by Law ; if he fhould extend it beyond his Duty, that's the Evil of the Man: But in Wejlminjler- Hall, the King's Prerogative was un- der the Courts of Jufticc ; and was bounded as wel! as any Acre of Land, or any Thing a Man hath ; as irtuch as any Controvcrfy between Party ruvl Party: And therefore the Office being lawful in its Nature,
known
So *flse Parliamentary HISTORY
known to the Nation, certain in itfelf, and confin'd and regulated by the Law, and the other Office be- ing not fo, that was a fufficient Reafon why the Parliament did fo much infift upon this Office and Title, not asCircumftantial, bur as EiTential; yea, it is the Head from whence all the Nerves and Si- news of the Government do proceed, as was well faid by the Mafter of the Rolls: If we put a new Head, it's a Queftion whether thofe Nerves and Si- news will grow, and be nourifhed and ftrcngthened with that Head.
* I had fomething in my Thoughts which I had forgot ; fomething of an Objection. ' Why are we
* fo pertinacious, or infift fo much upon this Title ? ' May we not apply all the Powers and Authorities ' unto the Office of Proiettor, and then we (hall
* give Satisfaction f ' I muft rjeeds fay, He that makes this Objection, makes it merely to a Name. If any Man ihall fay, I am content the Protestor fhall have the Office, but not the Name, I think this Man is very ftrait laced ; Then he puts it merely upon the Word ; and truly, if there be no more in it, if there be nothing but that Word, you have, in Balance againft it the Defires of the Parliament : I befeech you, do not break with the Parliament for a Word.
' Another Objection is, We have been under the Proteflor^ and the Judges have taken their Office under that Government ; and the Judges have ta- ken their Meafures by the Authority of the King ; and have taken it to be the fame with that of Kingj and fo go on. I confefs that the Judges have gone very far th^ Way, and I fhall not fpeak my own Opinion of the Matter here ; but yet it is very well known, that there hath been Variety of Opi- nions and Judgments in this Cafe, even from thofe that have been Judges of the Nation ; and I do not take the People to be upon a very good Eftablifh- ment, when Doubts arife in thofe that (hould have moft Knowledge. I would never make a Doubt that tends to the making of Foundations, if I could avoid it. The taking of this Office will avoid a
Doubt t
Of E N G L A N D. 81
Doubt ; the continuing of the other Office may be Inter-regnum, more uncertain. I would never make a Doubt l657- where it may be clear ; puhaps the taking of the other would reduce Men to Satisfaction ; there is but a Perhaps in the one, and a Certainty in the other.
* The Chief- Juftice was feconded in this Argu- ment by Sir Charles ffaljeley^ to this Effect.
' Not only we that are here, but many honed Sir Cbarkt Hearts in England^ rejoice to fee this Day, wherein Wolf'fy* your Highnefs and the Parliament are, with fo much Ncarnefs and Affection, debating the Settle- ment of the Nation : One Reafon why your High- nefs fhculd take this Title offered you by the Par- liament, is, becaufe, as you ftand in relation to the old Government, you are obliged to the Law, yet have not the Advantage of the Law ; which the Chief Magiftrate ought to have. The Law knows not a Proteftor^ and requires no Obedience from the People to him. The Parliament defires to fet- tle one fo, that the People may know your Duty to them, and they their Duty to you. The Parliament find the Minds of the People of thefe Nations much fet upon this Office and Title : God hath, by his Providence, put a general Defire of it into the Na- tion ; and they think, in Things not unlawful, they ought to hearken, and to be much inclined by the Defires of them that fent them ; and in fuch Things as are for their Good, as this is, to be much provo- ked thereby to the doing of them.
* Truly, Sir, it hath been much in the Thoughts of the Parliament, that the Reafon why Things of late have been fo unfettled, throughout, in thefe Na- tions, hath been, becaufe that to the Body of this People there hath not been a Legal Head : The Well-being of the Head is not more neceffary to the wholefome Conftitution of the Body Natural, than a right Head is neceffary to the Body Politic.
' I muft humbly tell your Highnefs, This Nation hath ever been a Lover of Monarchy, and of Mo- narchy under the Title of a King : The Name and Office hath, for above a Thoufand Years, been in
VOL. XXI. F this
82 The Parliamentary HISTORY
inter-regnum, this Nation ; though they have often changed their Princes, yet never the Name nor Office. 'Tis the great Common Law, that is, the Cuftom of the Nation, approved for good by many Ages, to have "the Office and Name of a King : No new Law that makes any other, can have that Validity, which the Cuftom of fo many Ages hath.
' Sir, the Parliament doth judge the Safety of your Perfon much concerned to take this Title ; and 'tis not yourfelf they look to, (though their Hearts are as full of RefpecT:, I may fay it, for your Highnefs as can be) but to you as Chief Magiftrate, reprefenting the People ; and being Head of the Law, and of all Magiftracy % the People have a Share and Concernment in you. We fee the great En- couragement of thofe Attempts againft your Perfon, hath been this, that the Law did not take Notice of you as Chief Magiftrate ; and that Juries were ge- nerally backward te find any guilty of Treafon for ill Attempts againft you. The Parliament cannot think it fit to have their Chief Magiftrate in fuch a Condition.
' Your Highnefs hath been pleafed to call your- felf, when you fpeak to the Parliament, a Servant ; you are fo indeed to the People, and 'tis your great- eft Honour fo to be. I hope then, Sir, you will give the People Leave to name their own Servant : That is a Due you cannot, you will not, certainly deny them : Their Reprefentatives defire you will ferve the People under this Title ; and, were there jio other Reafon, 'tis therefore the beft.
' I befeech your Highnefs to confider, if you fhould refufe this Title the Parliament prefents you with, you do not only deny yourfelf the Honour they put upon you, but you deny the Nation, you deny the People, their Honour which by Right they ought to have. 'Tis this Honour and their juft Birth- right, to have a Supreme Magiftrate un- der
a At the Trial of Sytidercomle, who was inclined of High-Treafon, for being concerned in a Plot to afiafiinate the Lord Proteftor, the Chief JufHce Glyr.ne told the Jury, that hy the Word King, the Law always underftood the Chief Magiflute, by whatsoever Name he was '' '
O/ E N G L A N D. .83
der the Title of King. I know, Sir, tho' you can Inter-regnumi
deny yourfelf, yet you will not deny the Nation *
their Due, when their Reprefentatives challenge it '"^a^
from you. The Parliament have highly engaged
all the good People of this Nation to make you,
who are one of them, and have been in thefe-
Troubles their Head and Leader, to be their King.
And certainly, Sir, whatever Diflatisfaclion may
be in this Cafe, it ought not to weigh : If there be
any Judge on Earth of the People's Good, 'tis the
whole People reprefented together; and what others
fay is but by Individuals. Sir, the Parliament have
Hundreds, nay Thoufands, upon their Backs, the
good People of the Nation, a quiet peaceable People
•with you ; and what the Parliament {hall judge fit,
is their Duty, and no doubt they will fubmit to it :
Sir, were there in this Matter no other Reafon why
you fhould accept this Title, I know this alone,
which indeed is the greatefl. Reafon I can givej
•would fway with you above any Thing, That what
is before you, is the Advice of your great Council^
the Parliament.'
• The Lord Commiflloncr Fiennes fpoke next :
* I mail offer what I conceive, from the Parlia-Mr. N. FieaneA ment's Debates, to be the Reafons why they advife your Highnefs to this Title ; and feeing what is in the Fountain muft be conveyed by fuch Pipes, I ftiall clear the State of the Queftion ; which, in the firft Place, if I miftake not, is only upon the Name, not upon the Thing ; not upon the Office of a King9 But upon the Title of a King: For, the Queftion is, Whether the fame Thing mail be fignified by the Office of a King under the Name of a King, or by the Office of a King under the Name of a Proteftor. • Undoubtedly the Office of a King may be more ri- goroufly exercifed under Another Name, than tho' the Name of Kin» be there : He that faid, He would not do his Matter's Will, and yet did it, did it more than he that faid he would, and yet did it not : He that hath all the Powers and Authorities of a King, is a King, tho' he have not the Name : F 2 But
84. The Parliamentary HISTORY
fater-regnum. ^ut there *s fomevvhat of Diverhty in this Cafe, 1657. wherein, Sir, you muft either enumerate all the
L«i ^*J— ** Poweis of a Protestor , or what is left to be enume- April. rated muft be the fame Thing as the Law fays is the Duty of a King ; and this I think the Judges have determined.
* This therefore being the clear State of the Que- ftion, the Difference will arife meerly upon the Name; and the Parliament did not think it agree- able to their Wifdom to infpect all the Laws, and all the Cafes, and make the Name of Protettor to fuit them, or elfe leave it lawlefs and boundlefs ; but what was not confined to the Power of a King, Was confined to the Decifion of the Law. That be- ing fo, the Parliament thinks it is fit for them to do as all wife Men do, to give Names according to the Nature of the Thing, and either they muft fit all the Laws to the Name, and that is impoflible ; or leave the Name unbounded, and that's intolerable. All Creatures were brought to Adam to give them Names, which he did according to their Natures. And fo the Parliament, confidering what the Thing is that they were about to advife your Highnefs to, find this to be the fame Government as was before ; and if they would have that, why not their old Name ? If the Thing, why not the Title ? Truly, it feems very reafonable that Names ftiould be proportioned to the Things : They have found divers Reafons why the Name mould be King, becaufe it is a Thing elear to all the World that the People are more wil- lingly obedient to old Things and Names, than to new ; and fo far as old Things can be retained with- out Danger or Inconvenience, it is the Wifdom and Duty of all Governments to retain them.
Mr, Lijk. The Argument offered on this Occafion, by Mr.
L'tfle, the other Commiffioner of the Great Seal, was in thefe Terms. ' I humbly conceive, That, in this Title propofed to your Highnefs by the Par- liament, they take the fame Care for yourHighnefc, as Jethro took for Mofes ; they find the Weight of the Government, as it is now upon you under the Title of Proteftor, to be a Burthen that will weary
both
Of E N G L A N D. 85
both vourfclf and the People likewife ; and therefore intcr-regnum. they 'do defire your Highnefs will be pleafed to ac- l6S7- cept of that Title which may be an Eafe to your ^— ~v"~"-' ' Highnefs and to the People.
4 The greatcft Weight and Burthen of Govern- ment, is, when there is a Jealoufy between the ' Prince and the People for want of a right Under- ftanding: Now, though, neither Parliament nor People have a Jealoufy of your Perfon, yet of the Title they have, for want of a right Underftanding : But if your Highnefs will be pleafed to accept of the Title that is now offered, all Jealoufies will be done away ; for they will then underftand what you arc ; and truly, Sir, I think the Jealoufy will be higher now, than at firft when the Remonftrance was of- fered to you : For the Title of Protettor is either the fame 7'hing in Power with the Title of King, or it is fomething elfe. If it be fomething elfe than what the Title of King is when it is confined, this will raife their Jealoufy very much. If it be the fame Thing, then there is nothing of Difference but a Name; and they will think there is more than a Name, if the Parliament do offer it to your High- nefs, and you (hould wave it.
« Sir, the Parliament did think, that your High- nefs was never able to provide for doing Juftice to the Nation for the prefent, nor that Peace (hould be maintained in the Nation for the future, unlefs your Highnefs do accept of this Title. National Juftice does confift in two Things; that you do right to the People, with refpecl: to their juft Privi- leges in relation to the Parliament; that you do right to the People in refpect to their juft Rights, accord- ing to the Law of the Land. Sir, the Nations Rights in Parliament can never be done to the Peo- ple, unlefs the Parliament hath it's antient Rights in relation to the Government: And they can never have their Right in relation to the Law, unlefs the Laws have their antient Right in relation to the Go- vernors.
• Sir, the Reafon why the Parliament doth now
offer this Advice, as I conceive, is this: They did
F 3 confider.
86 The Parliamentary HISTORY,
Inter-regnum. conflder the Cafe of David, when the Elders of Ifrael, and the People, did covenant with him at Hebron. The Remonftrance offered to your High- nefs is the Covenant of the Three Nations, both for Spiritual and Civil Liberties. If there was a proper Time to make D.avid King, when they covenanted with him at Hebron, it is now a proper Time for you to accept this Title, when the Parliament hath brought this with a Covenant for the Three Na- tions, that relates both to their Civil and Spiritual Liberties.'
The Lord Brogkill™ took up the Argument after Mr. Lijle.
\AI& Bnglitt. ' Sir, I can add fp little to what hath been al- ready fpoken, that were it not in Obedience to Command, I fhould with much more Satisfaction be filent than now fpeak; but, being under an Obli- gation I muft not violate, I (hall, in Obedience thereto, prefume to lay my poor Thoughts before you : And firft I fhall take the Boldnefs to fay, I believe it is a Thing impoflible for any to particula- rize every individual Reafon which invites a Parlia- ment to pafs any Vote ; for the Parliament is a Bo- dy confifting of many Members, and all of them relifli thofe Arguments and Reafonings which are moft confonant to every Man's Apprehenfion ; in which there is fo great Variety, that though when a Vote is pafled, we may conclude that Vote is the Senfe of the Houfe, yet we cannot fay, that thefe, and none but thefe, Reafons produced that Refult. jonly mention this, Sir, that whatever 1 fhall fpeak may be confidered. by you, but as my poor Appre- henfion of what, in fome Degree, might have con- tributed to move the Parliament to petition and ad- vife your Highnefs to affume the Title and Office of King : For it would be too high a Prefumption in #ny Member, efpecially in me above any, to dare to aver, That what I fhould now fay, did alone invite
the
«". Afterwards Earl of Orrery.
Of ENGLAND. 87
the Parliament to give your Highncfs that Coun- Inter-regnum. fcl.
' Having thus humbly premifed what I held my felf obliged unto in Duty, I fhall now proceed to acquaint you what, in my weak Judgment, did in fome Meafure move the Parliament to do what they have done.
1. « I humbly conceive, that the Title of King. is that which the Law takes Notice of as the Title of Supreme Magiftrate, and no other ; and that the old Foundations that are good, are better than any new ones, tho' equally good in their own Nature. What is confirmed by Time and Experience, car- ries along with it the beft Trial, and the moft fatif- fa (Story Stamp and Authority.
2. ' It was confidered too, That it was much better that the Supreme Magiftrate fhould be fitted to the Laws that are in Being, than that thofe Laws ihould be fitted unto him.
3. ' The People legally aflembled in Parliament, having confidered what Title was beft for the Su- preme Magiftrate, did, after a folemn Debate there- of, pitch upon that of King • it being that by which the People knew their Duty to him, and he the Du- ty of his Office towards them.
4. « There is hardly any who own Government at all in thefe Nations, but think themfelves obliged to obey the old Laws, or thofe which your High- nefs and the Parliament (hall enact : So that, if the Supreme Magiftrate of thefe Three Nations be in- titled King) all thofe who reverence the old Laws, will obediently and chearfully accept of him, as that which is fettled upon the Eftabliftiment they own ; and all that own this prefent Authority will do the like, becaufc grafted by it ; whereby none can reft unfatisfied that think it a Duty to obey former Au- thorities, or the prefent.
5. ' The former Authorities knew no Supreme Magiftrate, but by the Title of King; and this pre- fent Authority defires to know him by no other ; which if refufed, might it not too much heighten pur Enemies, who may bouHter up their faint Hopes
with
88 The Parliamentary HISTORY
Inter-regnum. with faying to one another, and to thofe which af- them, « That their Chief is not only under that Title which all paft Parliaments have approved, but under that Title which even this Parliament does approve of likewife; whereas our Head is not known by the former Laws, and has refufed to be known by that Application which even the Parlia- ment, that he himfelf hath called, doth defire to * know him by ?'
6. * By your Highnefs bearing the Title of King, all thofe that obey and ferve you, are fecured by a Law made long before any of our Differences had a Being, in u. Henry VII. whereby a full Provifion is made for the Safe^ of thofe that {hall ferve who- ever is King: JTis oy that Law that hitherto our Enemies have pleaded Indemnity ; and by your af- fuming what is now defired, that Law, which hi- therto they pretended for their Difobedience, ties them, even by their own Profeflion and Principles, to Obedience: And I hope the taking off all Pre- tences from fo numerous a Party, may not be a Thing unworthy of Confideration : That Law feems very rational; for it doth not provide for any parti- cular Family or Perfon, but for the Peace and Safety of the People, by obeying whoever is in that Of- fice, and bears that Title. The End of all Go- vernment is to give the People Juftice and Safety j and the beft Means to obtain that End, is to fettle a Supreme Magiftrate. It would therefore feem ir- rational, that the People, having obtained the End, fhould decline that End only, to follow the Means which are but conducing to that End j fo that if the Title and Office of Kin? be veiled in your High- nefs, and if thereby the People enjoy their Rights, and Peace, it would be little lefs than Madnefs for 3ny of them to caft off thofe Bleflings, only in order to obtain the fame End under another Perfon.
7. ' There is, at prefent, but a Divorce between, {he pretended King; and the Imperial Crown of thefe Nations ; and we know that rerfons divorced may marry again j but if the Perfon be married to ano- ther,
Of ENGLAND. 89
ther, it cuts off all Hopes. Thefe may be fome of intCr.regnum. the Reafons which invited the Parliament to make 1657. that Delire, and give that Advice, to your High- t— — y— — ' nefs to aflume the Title of King. There is another, ' APr'^ and a very ftrong one, which is, That they now have actually given that Advice ; and the Advices of Parliaments are Things which always ought, and therefore I am confident will, carry with them very great Force and Authority : Nor doth this Advice come lingly, but accompanied with many other ex- cellent Things, in reference to our Civil and Spiri- tual Liberties, to which your Highnefs hath borne a juft and fignal Teftimony. It is alfo a Parlia- ment, who have given unqueftionable Proofs of their Affection to your Highnefs ; and who, if liftened to in this Particular, will be thereby encouraged to give you more.'
April 17. The Lord Commiflioner IVkitlocke re- The Lord Pro- ported to the Houfe the foregoing Conference withteftor <3e'i''« yet the Lord Protector; and that his Highnefs declared cf"erto the Committee's Reafons to be fo weighty as to re- quire mature Deliberation ; that therefore he could not then come to a final Refolution as to the Ac- ceptance or Non-acceptance of the Title propofed to him ; though he feemed, to the Committee, to decline it.
In confequence of this Report, the Houfe ad- journed for three Days, to give Time for the Com- mittee to wait upon the Protector again j but his Jiighnefs happening to be ficlc the very Day they waited upon him, it was not till the 2Oth that they were admitted to an Audience, which was then put off to the next Day ; when, as the Journals inform MS, he fpoke fomething to them as to what had beenmi<h °«ar'<»» before offered, and gave them a Paper containing ™« withT feveral Scruples as to the Matter of their Petition Committee.
and Advice. This Paper it is not in our Power
to fupply ; but the Want of it is the lefs to be re- gretted, as moft of the Protector's Objections feem to be cited, and anfwered, in the following Argu- ments of the Committee.— We flill find that the
prin-
9O The Parliamentary HISTORY
Inter-regnum. principal Objection was the Title of King; againft
1657.
Lord Chief Ju-
ftice Glynne.
which Cromwell having urged, ' That all the good * Purpofes of Government might be as fully anfwer- ' ed under that of Prate ftorj the Lord Chief Juftice Glynne infifted, « That the Name and Office of a King was eflential to the Settlement of the Nation, for the following Reaforis :
1. ' Becaufe it is known to the Law; his Duty is known in reference to the People, and the People's Duty known in reference to hini : This Cannot be tranfmitted to another Name without much Labour and great Hazard, if it may at all. To go by Individuals, and reckon up all the Du- ties and Powers that a King, by our Laws, hath in reference to his Truft towards the People, and the Duty of the People towards him, is a Work of fo great Labour, that it would require Months, yea Years, if not Ages.
2. ' To apply its Relative, tails quails ^ would introduce thefe Difficulties : It would be a new Thing : How it would prove is but guefs'd at ; and it is the Foundation Stone ; 'tis unfafe to put it to a Hazard when you have a fafe one. Thofe Cer- tainties and Securities that accompany the Title of King, are incident by the antient Laws and Cuftoms of the Nation; and that which the other Office can have, are introduclive, and given him de nova from this Parliament, as their antient Inheritance who can claim but a new Title of Purchafe.
3. * The People and your Highnefs lofe the beft Title, both to their Liberty and your Rights, which Is the Law, Antient Cuftom, and Ufage, and claim 5t only upon the Strength of the Parliament; but if you take it as a King^ you have the Strength of both.
' 4. * If you a flu me any other Name, and have the Rights given you by Parliament, it may feem as if the People had loft their antient Rights, and had Need of new ones to be created by this Parlia- ment.
5. ' The AfTumption of the Title of King, is, without Need of any other Authority, fufficient to protect the People, and bind them to obey you.
Of ENGLAND. 91
6. ' If you fhould take the Name of Protetlor^ or any other new Title, whatfoevcr Authority is applied thereto, is but grafting upon a Stock that is new, and doubtful whether it will bear the Fruits well, and ftill liable to former Objections without Doors.
7. « If you take the Title of King, the Worft- affe&ed cannot object againft your Authority, or at all againft the Parliament as the Donor.'
..-.A)
The Lord Chief Juftice Glynne having thus brief- ly, but clofely, fpoke to the Matter, Mr. Lenthall proceeded :
* Sir, It is certain that all Governments in them- Mr. LtatLa& felvcs may be good, for none is malum in je ; but the Rule that hath always been obferved, is, Tha{ the moft neceflary and prudent Courfe to govern a Nation, muft be taken from that Proportion which is moft fuitable to the Nature and Difpofition of the People that are governed : If this be the general Rule always in the World, we may well draw this Argument, both from an abfolute Neceflity, and ex Necejfitate Confequentis alfo. The Chief Gover- nor, in a fettled Government, being obliged to do for the Good of his People, not only quod bonum* fed quod optimum ; then the Confide ration that will follow properly here, will be, Whether the Name of King, which in the Judgment of the Law, implies the Office, be not the beft Government for the People's Safety, both ex NeceJJitate Caufa:, et ex NeccJJitate Confequentis. To explain this, it muft be premifed, that when we fpeak of a King, we muft take the Difference between the Perfon digni^ fied with the Name, and the Name itfelf ; for this muft be taken for a fuie Ground, that as the Word King is a Name, which the Law doth look upon, fo it hath its proper Bafts and Foundation upon the Law ; and is as antient as the Law itfelf. Now, the Perfon of the King is a Name that hath its Dignity and Foundation from the Word King, as €x Neceffitate Confequentis ; becaufe, in Reafon, 4 Man muft be ufed to exercifc that Authority which proceeds from that Name,
« Thefe
gz ¥he Parliamentary HISTORY
Inter-regnum. * Thefe Things being very clear, by the Funda- 1657. mental Grounds of the Law, if then we examine the Foundation of Things according to the Rules of the Law, it is manifeft that the Name of King, Laws, Rights, Properties, and Liberties of the People, and alfo Parliaments themfelves, have but one Foundation; which is Original or Prefcription, being antient Cuftoms, or Cuftorns Time out of Mind : So that, in the Judgment of the Law, thefe three, viz. King, Law, and Parliaments, are the Parts of the Government of this Nation, which, having their Bafis and Foundation from Prefcrip- tion, conftitute the Form of it amongft us ; not a Form, in the vulgar Acceptation of the Word Form ; but it is the Form of Government fettled in this Nation, and of the EfTence of it. Then to me it feems impofiible, that any Act of Parliament, without the Deflrudlion of the P.flential Part of the Government, can place that Office in another Name, (be it what it will) which naturally wants the Foundation and Ground of that Power and Of- fice which that Name imports.
1. ' Becaufe the Alteration deftroys the Founda- tion, which is Prefcription ; and annexes to it a Name that the Law of the Land hath no Acquaint- ance with.
2. ' It fets all Laws, Liberties, and what is dear to us, upon a new Foundation, as to the People ; for whatfoever is created by an Act, cannot have Life and Authority but from that Act, and (hall ne- ver look back to its firft original Conftitution. It takes from the People the Rules and Grounds which they have known by Experience; and fends them to feek them in a Power of which no Wit of Man can fuddenly apprehend the Bounds and Limits, •when fo many Doubts may arife, even in the old Foundation, which Experience and Time hath fo excellently refined.
' From thefe Grounds I may fafely fay, That there never was but one King in England from the firft Foundation of Regal Power, and can fafely
Conclude
Of E N G L A N D. 93
conclude there will never be more ; although there have been many, and more I hope there will be, whofe Perfons exercife that Office : For the Law doth positively affirm, "That the King never dies : Indeed, the Perfon, like that of other Men, dies j but the Name and Thing hath a kind of Immortality, if we confidcr the Connexion of the Word with the Perfon that is inverted with that Namej who is not faid to die, but to demife, which is to depofite and to lay up the Name and Title of King.
' The common Ground is taken from the Accef- fion of the Office and Dignity to the Perfon ; but the tiue Ground is the Name; and the Office is be- come Part of the Law, which mould punifh the Of- fences that are committed againft it j which proves both the Neceffity of the Name, and the necef- fary Relation there is between the Name and the Law ; and it is a necefiary Deduction, that the Name of King is the Thing wherein the Office and Power is placed j and therefore it is not practicable, by any Statute, or Act of Parliament, to divide the Power and Office from the Name, and transfer that Power without the Name : The Word King hath fuch eflential Reference to the Law, that it never looks to the Perfon, to make that the Ground of Eflence ; if it had but the Name, the Law was fa- tisfied ; and therefore it never examined the Right of the Perfon, how he became invefted with the Power ; but, dt Faflo, whether he were fo or not ; and if fo, whether de Fatla^ or de Jure, it hath the fame Influence upon the People's Rights, and the fame Advantages to the Chief Governor.
4 There is alfo another Reafon why the Office cannot be annex'd to another Name, either by Act of Parliament, or otherwife; for in any other Name you muft fuppofe the Office, the King ; fo that any other Name is but a Fiction in refpect of the right Name ; and it would be very dangerous both to our Laws and Properties, to lay the Bafis and Founda- tion upon a Fiction ; which was a Reafon why fome Judges forbore to act upon the Name of Cu/lodes
Li-
94 7&? Parliamentary HISTORY
Libertatis Angiice, &c. a and the fame Reafon holds upon any other Name. Mr Lenthall alfo further T'T ~~ urged, ' That this Petition and Advice was Matter of Right, not of Grace, which was never denied by any Prince in this Nation, nor could be, becaufe there was an Obligation in all Cafes to do Right ; and this Obligation was upon the Proteflor, whilft he took upon him the Chief Magiftracy.'
Colonel Philip Jones fpoke next to this EfFecT: :
May it pleafe your Highnefs,
Od. Jsnes. < I am unwilling to fpend much Time in fpeaking
after thofe two learned and honourable Perfons that fpake latt ; and therefore {hall endeavour, in what I have to offer to thofe Doubts you were pleafed to make when this Committee had the Honour laft to attend you, to be as brief as may be.
' Your Highnefs was pleafed then to fay, e That
* though the Arguments brought in Favour of the
* Title of King, in the Petition prefented to you by ' the Parliament, were weighty ; yet, in your an-
* fwering them, you muft not grant them to be ne- ' ceflary Conclufions; but take them as having much. ' of Conveniency and Probability towards a Conclu- ' fion; for if an Expedient could be found, they
* were not then neceflary.' And you was pleafed to tell us, « That tho' King/hip be not a Title, but
* an Office interwoven in our Laws, yet it is not fo ' Ratione Nominis, but from what it fignifies ; that
* being a Name of Office plainly implying the Su-
* preme Magiftracy : And therefore whatever Name
* it be, wherein the Supreme Magiftracy refides, the " Signification will give it to the Thing;, and not to ' the Name; and feeing this Title had a Commence-
* ment, and aifo hath been unfix'd, why might not a ' new one now commence, and be now fix'd by the
' Le-
a The Names of the Judges, who refufed to aft as fuch, under the Authority of the new Commonwealth, were ^Trevor, Bacon,
Crefif/J, itktns, Br'<: • ne and Btdingfield. See the Declaration
of the CoKtncm en tbft Qccafion, in tur Nines eentb Felume, p. 7.
Of E N G L A N D. 95
r Legiflative Authority; and thereby be made to run Inter-regmnu. ' through the Law, as well as the Title of King ? l6S7- * From whence you did infer that this Title is not *"-7v^T"1' 6 neceflary.' But, Sir, if the Intention of the Par- liament, in this their humble Addrefs to you, be confidered, viz. That it is a Settlement, it would be likewife to be confidered, whether a new Name will not be found, in this Cafe, to make a new Of- fice alfo ; and whether then the Novelty thereof will not hazard, if not fruftrate, that great End of Settlement; the Antiquity, and Trial, of Laws, be- ing that which doth beget the greateft Reverence and Satisfaction of them in the People.
' Now that the Change of the Name makes it a new Office, will appear, both in refpecT: of his Au- thority who bears the Office, and in refpecT: of the People's Obligation in Matter of Obedience to that new Officer : For, by the antient Law, he cannot claim Subjection from them, nor can the People thereby claim Protection from him ; the Strength then of the Settlement, and of their Rights and Li- berties, as far as they relate to this new Supreme Magiftracy, will reft upon a new and untried Con- ftitution ; and his Authority, upon the fame Foun- dation. TheWifdom of our Anceftors, even in lefler , Matters, when they introduced a new Law, made it, for the moft Part, a Probationer only; and I may humbly fay, we have now, fome Years, been making Probationaries of new Governments; there- fore the Parliament, finding the People not yet fix'd and reconciled to any of them, return to that which, by long Experience and Cuftom, hath been found to fuit with their Minds and Rights ; the People ha- ving not the fame Satisfaction nor Acquiefcence in any newThing, as they have in long-approv'd Laws and Cuftoms ; fince a new Thing is in itfelf uncer- tain, not only whether it will prove good or no, but alfo in this Cafe, in refpedl that one main Property of the Settlement, being a co-ordinate Power, de- pends upon it ; and it will be1 fubjed to be contro- verted whether one Co-ordinate is well put by ano- ther,
g6 The Parliamentary
Inter. regnum. ther, or may not, by the like Power that fets it
1657. tip, be pulled down again; which cannot but leave
%•>! ••%••• «J Men's Minds as dubious of a Settlement as ever,
April, Things difputable naturally carrying Unfetdement
with them.
' Time and Experience hath grafted the Name and Office of King in the Minds of the People; and that, as I faid already, begets Reverence and Satif- faction in their Minds. Alfo, they were the Ex- orbitances of the Office, which, in a great Meafure, this Petition provides againft, that was complained of, and not the Office nor Name, which are found- ed upon the antient Laws : The altering of either alters the Conftitution, and lays it upon a Founda- tion lefs certain, and eafier to be fhaken ; and there- fore, to take up the Office without the Title, will be to take it up with all the Objections of Scandal or otherwife it is faid to be liable to ; and at the fame Time to want the Support of the antient Laws it carries with it, and the Advantage of fatisfying and fettling the Minds of fuch of the People of thefe Na- tions, as, by the Confideration of the Novelty, and what in this Cafe attends it, will otherwife reft doubtful and unfettled.
' Thefe are fome of the Grounds I obferved in the Debate of the Parliament, to induce them to judge this Title not only expedient, but, in refpedt of a Settlement, neceflary.'
* Your Highnefs was pleafed to object alfo, e The 4 Diflfatisfaction of good Men, which you judged, in c Things indifferent, were to be confidered :' They are fo; and it hath been judged by the Parliament, who (hewed great Tendernefs in that Kind, and I hope ever will : But in this Matter they are found, by the Parliament, not to be indifferent, but necef- fary for the Settlement of thefe Nations ; and they hoped that, in thofe Things wherein good People have not already been fatisfied, they will calmly en- deavour for Satisfaction; and that when the Matter of this Petition comes to be more public, they will find fuch Care and Provifion made for good Men,
and
Of ENGLAND. 97
and good Things, that will certainly give them Sa- Interregnum; tisfaction. I think I may fafely fay, fuch a pofitive Provifion for their Liberties and Encouragement, hath not been found out under any former Kingy nor any other Form of Government, to which your Highnefs hath been pleafed yourfelf to give that Te- flimony ; fo that it is not to Kingfhip alone, as for- merly, that the Parliament advifes your Highnefs, but to the Office, with fuch and fuch a Provifion made for the Public Intereft : And if then your Highnefs, of whofe Faithfulnefs to their Intereft good People have received fuch ample Teftimony, will be pleafed to confent to this Petition of the Parliament, (an Authority always of no fmall Efteern and Reverence with the beft Men) I doubt not but, when it is done, they will chearfully acquiefce, tho* while it is doing they may have Scruples.
« As for that * of Providence laying afide the Ti-
* tie,' I think the Argument hence will be as cogent againft the Office itfelf, and againft Government by a Single Perfon under any Tide ; the Acts of Par- liament mentioned, are as exprefly againft the one as the other ; and therefore the Exercife of the Su- preme Power by a Single Perfon, under any Title, is as much a Contradiction of Providence and of thefe Acts of Parliament, as the Exercife thereof under the Title of a King : But certainly the laying afide of a Thing de Fafto, though indeed it be an Act of Providence, yet it cannot t>e conftrued that the In- tendment of that Providence is finally to lay it afide, never to be re-afTumed again. The Confequences of fuch a Pofition are many, and may be dangerous 5 for what is there, by that Rule, which is not to be laid afide ?
* I now remember an Objection, made by your Highnefs in another Place, which I had almoft for- got ; < That we did enjoy our Laws, and that Ju-
* ftice was freely adminiftred, under feveral Changes ' and Titles j as under that of the Keepers of the Li- « berty ^England, and that of Prottftor> the Title « your Hiphnefs now bears.' To which I humbly anfvver, That, if fo, Thanks are rather to be given
VOL, XXI. G to
98 'The Parliamentary HISTORY
inter- regnum. to the Perfons into whofe Hands the Power fell, than ^ — 5— _j to the Conftitutions. However, I crave Leave to April. fay tn's> That Changes imply not a Settlement ; and, fince Providence has led us from our old Con- ftitution, we have in a few Years had four or five Changes; and that thefe Changes have not been ac- companied with more Hazard, is a Matter of Praife to the Lord, and of Commendation to the Powers we have been under : But if one Providence hath laid afide King/hip, another leads it in, and calls upon you to take it up. And it is to me a remark- able Thing, that Providence hath caft-it under fuch Conftitutions and Laws, as that, when we have thrown out the Tyrant that opprefTed us in our Spi- ritual and Civil Rights, we can, by our antient Laws, graft another Perfon in, that may be a fit In- ftrument to preferve both; who (as the learned Per- fon that fpoke laft faid) may make up, as it were, but one King thefe five hundred Years, the Law not admitting an Inter-regnum: From whence I infer, That as it was not the End or Defign of our War that led us, (as appears by fix or feven Declarations of the Parliament, one whereof was ordered to be read in all Churches) fo neither did Providence lead us to lay afide either the Name or Office, but only that Family which opprefied us. And fince all Men's Lives and Liberties depend on this Settlement, it is iieceflary to lay it on the ftrongeft Foundation that may be.
* And ' as for that of Safety,' it is not for me to fpeak