1656.

September.

Gentleman was not returned to Parliament? He faid, Inter-regnum. Because he had no Certificate of Approbation for him ; and gave the like Anfwer as to all the rest of the Members, who had been refused Admittance into the House. The Deputy-Clerk being withdrawn, the Speaker informed the Houfe, That he had called over all the Places for whom any Perfon was chosen, whofe Name was fubfcribed to the foregoing Letter, and found them all to have been returned in the refpective Indentures.

Soon after the Clerk of the Commonwealth, himfelf, attended the Houfe, when the Speaker acquainted him, That, upon Perufal of the Inden-tures, it appeared that divers Perfons elected were not returned to the House: And demanding, By what Order it was not done? He answered, That he received an Order from his Highness's Council, to deliver Tickets to all fuch Perfons, and fuch only, as, being returned to ferve in Parliament, fhould be certified unto him, from the Council, as Perfons by them approved: And that he did receive feveral Orders of Approbation for feveral Perfons, and made out the Tickets accordingly. Being afk'd, If he had the Order itself? After fome Evafion he produced it, fubfcribed by Mr. Jessop, Clerk of the Council; which was read. And then the House adjourned till the next Morning; when, the Debate being refumed, it was refolved, That the Council be defired to give, on the Monday next, their Reasons why thofe Members, returned from the feveral Counties and Boroughs, were not approved, and why they were not admitted to come into the Houfe. In Answer to which Request, on the 22d, the Lord Commiffioner Fiennes reported, by Word of Mouth, from the Council, That he was commanded by them to return this humble Reply: That whereas, by the 21st Article of The Government of the Commonwealth, 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, who were authorized to peruse the faid Returns, and exa

mine

The whole of this Inftrument is in our 20th Volume, p. 248.

1656. September.

Inter-regnum, mine whether the Perfons fo elected and returned were agreeable to the Qualifications therein prescribed, and not difabled thereby; and that no Perfons fhould be admitted to fit in Parliament, but what were fo approved of by the major Part of the Council: And that whereas, by the 17th Article, it was declared, That the Perfons to be elected to ferve in Parliament should be fuch, and no other than fuch, as were Perfons of known Integrity, fearing God, and of good Converfation, and being of the Age of twenty-one Years:

But are referred

That the Council, in pursuance of their Duty, and according to the Truft reposed in them, had examined the faid Returns; and had not refused to approve any who appeared to them to be within the Description of the faid Article: And as to those who were not approved, his Highness the Lord Protector. had given Örders to fome Perfons to take Care that they fhould not come into the House" A Motion to the Council, being then made to adjourn till the next Morning, it was carried in the Negative by 115 Voices against 80. And then it was refolved, by a Majority of 125 against 29 only, That the Perfons returned from the feveral Counties, Cities, and Boroughs, to serve in this Parliament, who have not been approved, be referred to make their Application to the Council for Approbation; and that the House do proceed with the great Affairs of the Nation.

Whereupon they

publish a Remon-6 ftrance against this injurious Treatment.

This laft Queftion being carried by fo great a Majority, fufficiently fhews what Influence the Protector had in this Affembly: However, the fecluded Members did not reft fatisfied with, nor submitted tamely to, this arbitrary Vote; for they published a noble and spirited Remonftrance against this outrageous Act of Injuftice, which will be beft underftood by its own Words:

WH

THEN our worthy Ancestors have met in Parliament, and have found Oppreffion ' and Tyranny supported by fuch ftrong Hands that they could not prevail to fecure their Country, Lives, and Liberties by wholesome Laws, they

• have

1656.

September.

have often made their Proteftations against fuch Inter-regnum. • Injustice and Oppreffion, and forwarn'd the People ⚫ of their Danger. To omit other Inítances, fo did the Commons in Parliament, in the third and "fourth Year of the late King; for when he challenged a Power to take Tonnage and Poundage ⚫ without the People's Confent in Parliament, they made their Proteftation, That whosoever should counfel or advife the levying of Tonnage and Poundage for the King, not being granted to him by the Par•liament, or should act, or be an Inftrument therein, fhould be reputed a capital Enemy to the Kingdom and Commonwealth: And alfo that whatfoever Merchant, or other Perfon, fhould voluntarily yield or pay Tonnage or Poundage, not being granted by Par Parliament, fhould be reputed a Betrayer of the Li*berties of England, and an Enemy to the fame.

In like Manner we, who have been duely chofen by the People to be Members of the Parliament that fhould now have met, have an un• doubted Right to meet, fit, and vote in Parliament, although we are oppreffed by Force of Arms, and shut out of the ufual Place of Parliaments fitting; yet, having Hearts fenfible of that highest 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 ourselves bound in Duty to God and our • Country, to declare unto the People of England their and our woful Condition, and the most evi⚫dent-Danger of the utter Subverfion of Religion, Liberty, Right, and Property.

We believe the Rumour is now gone through the Nation, that armed Men, employed by the • Lord Protector, have prevented the free meeting ⚫ and fitting of the intended Parliament; and have 6 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 • Will to ferve his lawless Ambition. But we fear ⚫ that the Slavery, Rapines, Oppreffions, Cruelties,

Mur

Inter-regnum. Murders, and Confufions that are comprehended 1656. " in this one horrid Fact, are not fo fenfibly difcern'ed, or fo much laid to Heart as the Cafe requires : September. And we doubt not but (as the common Practice of 'the Man hath been) the Name of God and Religion, and formal Fafts and Prayers, will be made 'ufe of to colour over the Blackness of the Fact: 'We do therefore, in Faithfulness unto God and our Country, hereby remonftrate,

First, That whereas, by the Fundamental Laws of this Nation, the People ought not to be bound · by any Laws but fuch as are freely confented unto 6 by their chofen Deputies in Parliament; and it is a moft wicked Ufurpation, even against the very Laws of Nature, for any Man to impose his Will or Difcretion upon another as a Rule, unless there ⚫ be fome Pact, or Agreement, between the Parties for that Intent: And whereas, by the Mercy ' of God alone, in preserving this Fundamental Law and Liberty, the good People of England have, beyond Memory of any Record, preferved their Eftates, Families, and Lives, which had • otherwise been deftroyed, at the Will of every ⚫ wicked Tyrant; and, by keeping this as their un'doubted Right, they have been kept from being brutish Slaves to the Lufts of their Kings, who 'would otherwise have defpoiled them of their Perfons, Lives, and Eftates, by their Proclamations, and the Orders of themselves and their Courtiers, as they pleafed; and, by virtue of this their undoubted Right, the People have commonly dif 'puted, refifted, and made void the Proclamations ' of their Kings and the Orders of their Council • Table, where they have croffed the Laws unto which they have confented in their Parliaments:

6

Now the Lord Protector hath, by Force of Arms, invaded this Fundamental Right and Liberty, and violently prevented the meeting of the • People's chofen Deputies in Parliament. And he and his Council boldly declare, That none of the People's Deputies shall meet in Parliament, unless they agree to the Measure of their Fantacies, Hu" mours,

September.

mours, or Lufts: They now render the People Inter-regnum. 'fuch Fools, or Beafts, as not to know who are 1656. ⚫ fit to be trusted by them with their Lives, Eftates, and Families. But he and his Council, that daily • devour their Eftates and Liberties, will judge who are fit to counsel and advise about Laws to preferve their Eftates and Liberties: Thus doth he now openly affume a Power to pack an Affembly 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 Estates at his Discretion. And if the People fhall tamely • submit to such a Power, who can doubt but he may pack fuch a Number as will obey all his Com• mands, and consent to his taking of what Part of our Eftates he pleaseth, and to impose what Yokes 'he thinks fit to make us draw in.

،

Secondly, And whereas the Parliament of England, confifting of the People's chofen Deputies, ' always have been, and ought to be, the Ordainers • and Creators of Dignities, Offices, and Authorities in this Nation; and have always, of Right, exercised the Power of difpofing even the Kingly • Office, and an Authority to enlarge and restrain the Kingly Power; to queftion, make void, or confirm, all Commiffions, Proclamations, Charters, • and Patents of any of our former Kings; and have queftioned, cenfured, and judged even the Perfons of our Kings for abufing their Trufts, and in" vading the People's Laws, Rights, and Liberties; and by this Means the highest Officers, and the Kings themselves, have acknowledg'd their Power to be only trusted to them for the People's Welfare; and they have always dreaded the People's Parliaments, who could call them to an Account ❝ for any Injustice or Violence done upon the Per'fon or Estate of any Man; and hereby the People ' were fecured, under the Laws, from the Rapine and Oppreffion of the highest Grandees and Courtiers; " even the Kings themselves, fearing the People's Complaints in their Parliaments, and well know