THe over-ruling hand of Providence, having upon the third of September (a day of signal mercies unto this Nation) ta­ken away the late Usurper, whilest he was in possession of the Title of Protector of the Commonwealth, his Son Richard was the next day by the Councel at White Hall proclaimed his Succes­sor: He, by the Authority thereof, did, about three months after, issue out Writs for a Parliament to begin the 27th of January fol­lowing. The people who in their diffused condition, is capable on­ly of obeying their Superiors, and not of disputing the legality, or illegality of their commands, made choice of Members to serve in Parliament, they according to their summons assembled upon the day appointed; when they were met, the pretended Protector sent the black Rod to let them know that he was in the Other House, and desired to speak to them there, at which call, not above ten or twelve went out of the House, though more that was not come in appeared before him: Mr. Chute was that day chosen Speaker, and after a Bill unpassed left by the precedent Parliament, was accor­ding to custom read, the House Adjurned until the next day, Then a Gentleman was complained of for affronting two Members, and he ordered to be brought to the Bar of the House by the Serjeant: A private Fast in the House, and the Ministers to perform the du­ties of that day was appointed, a Committee for Elections and Pri­vileges chosen, and so the House Adjurned until the 31. of January, [Page 4]it being customary at the beginning of Parliaments, to give the Speaker a day or two to settle his own business, in that he may the better afterwards attend the service of the House. The Gentleman that affronted the Members was brought to the Bar upon his knees, and for his offence committed to the Tower; but in a few dayes, upon his submission, and at the intercession of the Gentlemen abu­sed, he was released. The first of February a Bill was brought in by Mr. Secretary, under pretence only of acknowledging the pre­tended Protector, but under such terms as had no less in them, than the admittance of the Chief Magistrate, and the Persons then sitting in the Other House, unto the full power, privileges, and pre­rogative of the ancient Kings, and ancient House of Lords which the court party designed to have carried undiscovered, and so have left the Nation, either to have fought the late quarrel over again, or else to be content with a bad change of persons, where there was none of things.

The Bill was that day without much difficulty read the first time, which encouraged those of the long robe related to the single per­son to press for the reading of it again the same day to the end that it being the next day read the third time (as they designed it) it might have passed into an Act; but in opposition to that, some who were more careful of the Liberties of the people than those of the long Robe ordinarily are, moved, that according to rule in cases of such weight, it might be referred to a grand Committee of the whole House; and when that would not be granted, that the se­cond reading of it might at least be put off for some dayes, and li­berty given to the Members to take Copies, that considering of the business, they might be the more fitting for the debate, which was yeilded unto, and the seventh of February appointed for the second reading.

The State of Major General Overtons sad and deplorable con­dition was given at the door, and at the same time the House was Petitioned by his Sister for a hearing of him by them, which was granted, and two Votes passed in order to it; first, that his Keeper should with all speed bring him, with the cause of his imprison­ment before the Parliament: and secondly, that a Frigot should be sent to fetch him from the Isle of Jersey, where he was then pri­soner; About six weeks after he was brought to the Bar of the House, by his Keeper, who produced no authority for his detain­ment, [Page 5]but a bare command (without any cause expressed) from the late Usurper; whereupon the Parliament voted his imprison­ment illegal and unjust; & that first, because no Chief Magistrate had ever power to commit any person by his own warrant: secondly, because there was no cause axpressed in the Warrant: and thirdly, because no man can according to Law be banished, but by Act of Parliament; and so released him from his imprisonment, without paying any fees or charges.

The fifth of February a person who sate in the House, being found to be no Member, was for his offence therein committed to New­gate, and not to the Tower, which is the Parliaments prison, chiefly in regard of the present Lieutenants great exactions and oppressions, and partly, that upon inquiry, the offender was found to be under some degree of distraction.

Upon the day appointed, the Bill for recognising the Protector, was read the second time, and the debate begun: The Petition and Advice was pleaded by the Court party, as the foundation of his Title, but by those that was for the Commonwealth it was denied to be a Law; and that not only from the inconsistency, lameness, and insufficiency of it, but also from the corrupt manner of its procurement, that Assembly that made it being no Parliament, but a Faction, in that the members were never suffered to meet, but so many of them kept out even by him that called them, as he judged would hinder the execution of his will; besides that at the creation of that monster, there was but of 460. chosen, but 104. in the House, whereof 51. was against it, and carried meerly by the strength of Scotch and Irish members, who had no right to sit, but were Usur­pers in the making Laws for England; It was further shewen, that if Caesar Burgia, Pope Alexander the sixth, and Matchivel, had all laid their heads together, they could not have framed a thing more destructive to the Liberties of the people, and for absolute tyranny, giving away all that our ancestors have fought for ever since the Conquest, Than the Petition and Advice, As the Negative Vote, The power of dissolving Parliaments, The purse of the people, and in that all the security they had for their Rights and Liberties; For, give the Single Person your purse, and you give him the Militia; and if he have that, all bounding, of him by Lawes, signi­fies no more than binding of a Lyon with paper Chaines. [Page 6]But the Courtiers being resolved of nothing less than a Turkish power, would suffer no strength of reason to prevail with them to the making of the Petition and Advice unauthentick but would by force allow it for a good Law; which provoked the demanding the pursuance of that Law to be proved, and that the pretenders designation was according as it is there directed; but though this was pressed by divers persons of great abilities, never any answer was given unto it; those of that party knowing, that by the strength of their Members, they could over-rule the strength of Reason: It was from such silence in the point of designation argued, that if Providence had prevented the Usurper of keeping to the Rules of the Petition and Advice, and that it was thereby fal­len to the ground, all Government was reverted to its ori­ginal (the People) and ought by them assembled in Parliament to be derived where ever it should be seeked, which would readily have been done to the Gentleman in possession, if he and his party would upon those terms have accepted of it.

This debate (no man speaking twice to the matter) held eight dayes, in which time superlative excellency and good affections to the publick appeared in several Gentlemen, yet the best end they could bring this debate unto, was to conclude with the two follow­ing Votes, as previous to the commitment of the Bill.

[Page 7] This last previous Vote passed the House without one Negative more then the Secretary; but when the Courtiers knew the sense of White-Hall upon it, from that time for­ward they owned themselves such slavish executioners of a pretenders will and lust, that they never appeared in the least for the making good one word of it.

During this debate, several complaints was made (re­flecting upon the Court designes) as that the Assizes (without president, upon no greater occasion) was put off, to the common wrong of the whole Nation; desiring therefore, that to the end that the people might receive no prejudice by the sitting of Parliament, nor have cause to be out of love with Parliaments, that the Prote­ctor might be moved to command the carrying on of the Assizes; but the Courtiers being resolved not to lose so considerable a part of their strength as the Lawyers, they would have the whole Nation to suffer in the want of Justice, rather than they would want one of their Mem­bers.

That White-Hall had writ eighty Letters for the ma­king members of Parliament, most of which had had their effect. That Mr. Howard a Papist, and brother to the Earl of Arundel boasted, that at the instance of the Protector and Secretary, he had sent twenty four mem­bers to Parliament. That several Tables were kept at White-Hall at the vast charge of the publick, on purpose to corrupt and deboist members by great entertainments; all which was acknowledged to be against the orders of the House, and particularly for any members (not menial servants) to go to White-Hall during the sitting of the Parliament.

After this the Secretary gave an occasion of forraign affairs, declaring a million of money needful for de­fraying the Naval expences for this Sommer, which brought on the debate concerning the Navy, in behalf of the publick; that as the Navy is part of the Militia, and the Militia the right of the people assembled in Parlia­ment; and that without the Militia the Parliament could [Page 8]not make good their promises to the people, in bounding the power of the chief Magistrate, and securing their Rights and Liberities; That the House would appoint certain Commissioners for management of the Naval forces; The debate for setting out a very Considerable fleet to Sea for Defence of the Commonwealth, and Com­merce hold not long; the thing being readily and una­nimously agreed on: But who should Manage the Fleet was a Debate of several days; and at last Carryed with a strong hand by the Court party against all Reason and Policy that the Protector should have the Disposal of it; only the Commonwealths men got into the Vote that the making Peace and War should be reserved unto the Par­liament.

Mr. Portman a prisoner in the Tower, was upon his Petition brought before the House, with the Cause of his imprisonment, The Warrant to the Lieutenant of the Tower for apprehending him was produced, and being onely from the Usurper in these Words following;

[Page 7] The House was called upon to make good their Vote of boun­ding the power of the Chief Magistrate, and securing the Rights, Priviledges and Liberties of the Parliament and people, and that as they had filled the hearts of all men with joy, in expectation of having their Rights ascertained, that they would not render them­selves Juglers, in promising what they never intended to perform. But to take the several parts of the previous Vote into considera­tion: and as bounding the Chief Magistrate is first in order, so to begin with it. Yet such was the dis-ingenuity of the Court-party, being made up of Houshold-servants, Officers of profit, suiters for Offices, Lawyers (the corrupt part of whose Trade, cannot be maintained but by a Corrupt Government) Scotch and Irish Members, chosen by the Pretender's Interest; that no Arguments of honour or honesty could engage them to be Faithful to their Countrey: such as were most open, confessing plainly that they were so far from bounding the Chief Magistrate, that they desired to give him as much, nay more power then any King or Prince of England ever had, seeming to cast Dirt upon the famous long Parliament (whose successes and great Atchievments will by poste­rity be had in Admiration) for asserting the Rights of the people against the Kings own person, not sticking to charge them with murther for that War: and that without reproof, but rather conte­nance from them. But others more prudent waved bounding of the Chief Magistrate, under pretence of first settling the Constitution of the Government; and so falling upon the Debate of that, after some days spent in it, at the last voted, that it should be part of the Bill for Recognition to declare the Parliament to consist of two Houses. After this the House was again put in mind of their duties to the people, and urged to fall upon bounding the power of the Chief Magistrate: which as it was first in Order, ought to have been first in Debate. But the Courtiers commanding all by the strength of their Members, waved the Cheif Magistrate, and fell upon constituting the other House, in which some dayes were spent in disputes be­twixt the new & old Royalists, the Commonwealths-men remain­ing silent, to see what the strength of the others Brains would pro­duce. The first was for the new Creation of Lords, with the mix­ture of the old, upon such limitations as they might not over-top the new: The other for the old with a mixture of the new, and for [Page 8]the full priviledges of the ancient Houses of Peers: but after it appeared, that they could make nothing of the Debate, not da­ring to trust one another. The Commonwealth-men fell in, and shewed that where the Cause is taken away, the Effect must cease. That as the House of Lords had anciently a natural Right to a superiour Jurisdiction, in that their propriety was five parts of six, of the whole Nation: so is it now more natural for the Commons, to have that Superiority; their proportion of propriety being ninty nine parts, or more, of a hundred. And therefore Moved, that if they would have another House, it might be so bounded, as might suit with the people's Interest: whereupon they proceeded to the Debate of the Bounds and Powers of the Members sitting in the other House of Parliament, and begun with the other House of Parliament, in which some days was spent, they being but for life, for that it is against the Common Law for any one to be a Judge for him and his Heirs for ever. Then for their being first al­lowed and approved of by the Parliament. Then upon their having Negatives only in some matters. Yet ended none, but at last dis-ingenuously laid all aside; and, in stead of bounding and ap­proving of them: a bare Question was brought on foot, Whether the members sitting in the other House, as then constituted, should be transacted with or no, thereby to let them at once into the full priviledges of the ancient Lords, and to make it passe the smoothlier. A plausible Cause, to save the Rights of the ancient Peers, was added by the Courtiers, which was done only to gain the Cavaliers in that Vote, and not with any intent to let in the Lords: they confessing occasionally, that the Rights of the ancient Peers could be nothing, so long as the act for taking of them a­way was in being, and un-repealed. Against acting with the Members sitting in the other House as then Constituted, was al­leadged the inconsistency of it with the Rights and Liberties of the People, which they had sworn to maintain. As first, in that they were most dependants upon the Single person by way of sa­laries: and so likely to be his Mercenaries. Secondly, for that the Militia both by Sea and Land was in the hands of the persons then sitting in that House. Thirdly, That all the chief Judges were Members: as the three Keepers of the Seal, two Chief Ju­stices, Master of the Rowls: and that it might well be thought, [Page 9]that the Lord chief Barron would be accounted as worthy to be one as the rest. And then the people in all Cases of Appeales, could do no more then Appeal from the Judges in Westminster Hall, to the same persons sitting in Parliament. And that the chief Judicature being in that House, and having the Militia to main­tain it; That House might wrong the Commons as they pleased, and they remain without Remedy. Fourthly, That all the Privy Council, the chief Judges, and General Officers, both by Sea and Land, being Members; The Lawyers and Officers of profit (of whom the Body of the House of Commons would be made up) would be the Creatures and Mercenaries of one or other of them of the other House: and so make the House of Commons to be nothing but the Executioners of their Lords and Masters Will's; But notwithstanding these and many more excellent Arguments incomparably pressed by persons of great Vertue and Abilities, the servile and mercenary Court-party would not be prevailed with to bound and approve the Members sitting in the other House, before they put it to the Vote for transacting with them: which made the Commonwealths-men immediately, as the Que­stion was coming on, to except against the Constitution of the House, as having sixty persons in it sent from Scotland and Ireland, which had no Right nor Title to sit, which they did as being af­fraid to venture the Question for the transacting with the other House, without first bounding and approving therewith. With this new-started exception, which held afterwards fourteen dayes De­bate, the House risse, and the next day Mr. Chute, their Worthy and Impartial Speaker, finding himself indisposed, desired to be dismissed the service; but the House valuing him at a high Rate, would not accept of his Resignation, but dispensed with his at­tendance untill he should recover his health, by withdrawing into the Countrey, or otherwise as he should think fit; and, to supply his place in the mean time, Mr. Long, Recorder of London was cho­sen, but it pleased God, the great Disposer of all things to end both their dayes before the end of the Parliament; taking away the latter first, in whose room as supplying Mr. Chutes's place, was chosen Mr. Bamfield, Mr. Chute being yet living, though lived not to come any more unto the House.

The Debate concerning the Scotch and Irish Members, came on, [Page 10]which run several wayes: The Courtiers after they found the want of Law, flew to Prudence, arguing that for obliging the Scotch and Irish Nations, their Members ought to be admitted: to which was answered, that nothing could be more provoking to those two Nations, then fraudulently to give them the Name of having Members in Parliament: when in truth by the late Elections they had few or none, most of them being chosen at White hall, where­of some had hardly been ever nearer Scotland then Grayes-Inne. But besides this answer to the Courtiers Arguments of Prudence; The Commonwealths men, argued against their sitting, as having no legal Right or Title, to sit, and that without keeping to legal Rules, Foundations could not be maintained; for otherwise they that sent sixty now, might send three hundred next time: and so make Parliaments of what number and temper they pleased: and therefore would that the Members of both Nations might with­draw, and be afterwards brought in upon legal and equal feet: But White hall being resolved not to part with any of their strength (though after they had done their Work, they intended to have cast them off) would have nothing to do with Law or Right, and therefore whereas the Question should have been, Whether the Scotch and Irish Members had any legal Right to sit, the words Le­gal Right was thrown out. And the bare question put, Whether the Scotch and Irish Members should sit? And, by the help of the Scotch and Irish, who were suffered contrary to the Law of nature to Vote in their own Case; It was carried that they should sit in Parliament. In which Vote, the Parliament may be said to have betrayed their trust, in taking in strangers without Law to make Laws for the English Nation: and in not punishing the Keepers of the Seal: who presumptuously took upon them without and a­gainst Law to send sixty Stangers as Members to Parliament.

After this, the main Question, for transacting with the other House, before-bounded or approved, which had been interrupted by the Debate about the Scotch and Irish Members came on again, It was endeavouring to get the Words Bounding and Approving the Members into the Question; but they were thrown out by a Vote, and the bare question put; Whether they should be transact­ed with or no, as then Constituted, only the Commonwealths-men got the words, during this present Parliament, into the question: [Page 11]and then by the help of the Scotch and Irish Votes, by whose number all questions was carryed in favour of the Court, it was re­solved to transact with the persons then sitting in the Other House of Parliament, during this present Parliament.

The Report of the Committee concerning the Accompts of the Commonwealth was brought in; By it appeared much bad husbandry, and ill Government in the last 5 years: Several Offi­ces being created to serve persons and make Creatures, without having in them any eye to the publick, insomuch that, whereas at the interruption of Government, the Commonwealth (reckoning the ready mony in Cash, the Army's payed some months before hand, and the stores newly laid in) might be accompted rich, they are now neer two Millions and a half in debt.

The Lady Mary Huet petitioned the Grand Committee of the whole House for grievances, against the High Court of Jufl­ice, for unjustly taking away the life of her Husband: but some Members declaring themselvs concerned, and it being the privi­ledge of a Member not to be petitioned against, any where but to the Parliament, the Petition was returned her with that Intima­tion.

A publick Fast through the three Nations was voted, and a de­claration for the same, from the Commons and the Protector on­ly, was ordered to be brought in: But the Court party, to the end to ingage the transacting with the other house, brought in the Declaration in the form of a Bill to be made an Act, which cau­sed the expence of some daies in debating in what manner and form to send it to the Other House, for that the first transaction would be the Rule for the future: It was in order thereunto vo­ted, That the Commons would not shew the Other House any o­ther respect then they should shew to them. Secondly, That they would send Members of their own to the Other House, and that they would receive no Messages from them but by Members of their own number. This was all the Votes of publick con­cernment that was carried in the whole time of the Parliament, which was either honourable or advantagious for the Commons, and yet the Courtiers, after they had consulted with White-Hall, were resolved to have unvoted and made it null and void: It was under debate what Ceremony the Messenger should use at his ap­proach [Page 12]into their House, and what Title to give them; Mr. Spea­ker, My Lord Commissioner, and My Lords and Gentlemen, was all severally spoken of, but none agreed on; and the Courtiers haste be­ing such as they could not stay, the Messenger that carryed the Act for the Fast down to the Other House, was advised to give them no Title at all, which directions he followed, and so left the Bill with them, which was never retured. During this debate some exceptions being taken at Mr. Speaker's carriage as unequal; he was accused of having had Conference at White-Hall with the Pretender, as that which was contrary to the orders of the House; This Charge put the House into a great heat, some taking part with him, and some against him, and as the Courtiers were not onely most in number but best at brawling, so they made the grea­test noise, untill they observed matter of truth in the thing; and then as the party charging was satisfied with giving the reproof, so the Courtiers were willing to have it dye. Some deficiency was observed by the Court in the Acts for forcing the payment of the Excise, and therefore a Bill was brought in by one of that party, under a specious pretence of setling it but for a certain number of years, as the Parliament should agree on, whereas it was setled for ever. This Bill after long debate, was by means of Common-wealths-men laied aside, and a Declaration brought in by them to injoyn the payment of the Excise during the sitting of the Parlia­ment, owning clearly their designe to be, That if the Laws were not good, the ascertaining the Excise no longer then during the Parliament, would put a necessity upon the Chief Magistrate to let the Parliament sit untill they had done some good for the poor people of England; and if they were good, the Declaration did not prejudice them: But as the Commonwealths-men laid aside the Courtiers Bill, so they laied aside the Commonwealths-mens Declaration.

The Parliament fell upon the Accompts of the Common-wealth again, considered how to retrench the Charges, bring the disbursements not to exceed the income, raise present money for the Army out of the Arrears owing the state, and other waies if possile, without laying any new Tax (which the Court party was much for) upon the People: But in this they were interrupted by the Courtiers, who brought on foot, 1. To vote all the [Page 13]Officers of the Army to go to their severall Charges. 2. That they should hold no meeting during the sitting of Parliament, but by consent of the Protector and both Houses. 3. That none should be in Office but such as would subscribe not to interrupt either House of Parliament in their debates &c. These Votes were sent down to the Other House where they remain'd unretur­ned. The next day the Accompts were sallen upon again, but in­terrupted the second time by the Courtiers, who brought on foot the question; Where the right of the Militia did reside? with a designe, first, to vote it in the Protector and both Houses of Parl. And secondly, to vote the Protector General, knowing that in such Case the Parliaments Interest in it, even during their sitting, would have signified nothing, and after they were dissolved it would fall naturally to the Protector soly, because no other power pretend­ing to it would be in being; but in this businesse they could not come to a Question that night though striven hard for by the Court party who was so eager upon it, that when it was desired that they would but consult the declarations of the Parliament, and the Kings Concessions thereupon concerning the Militia, that so they might not rashly give away from the people what the King had granted to be their right; they would not indure the reading of them, lest they could not for shame make the people Slaves af­ter their eyes were open, which they were resolved blindfolded to do. The next day being the 22 of April, the black Rod came to the door to have entrance. The Serjeant, who should have done no more then acquainted the House that such a Messenger was at the door, acquainted them with his Message, (viz.) That by order of the Protector, the Speaker of the other House sent to the House of Commons to come with their Speaker to them in the Other House: which the House received generally with great in­dignation and scorne, some saying They were the Upper House, and so without receiving the Messenger, the House adjourned till Munday the 25th of April: But the next day the pretended Pro­tector dissolved the pretended Parliament by a Proclamation.

This is a brief Relation of the most material debates of the late Parliament, many private and some publick businesses of lesser concernment being omitted.

Upon the whole it may be observed, that as the Court had by [Page 14]the advantages which alwaies follow the Authority of the Chief Magistrate, so packed the Parliament, that the over-ruling Vote was at their Command; So the persons of that party were of such servile and mercenary principles, that they knew no publick In­terest, nor any other then the private Interest of the single Person, and their own.

That all that the Commonwealths-men were able to do was to defer and keep off Slavery for a small time (in hope that God would send deliverance) without power of doing any more good, then by sometimes getting a qualifying word into a Questi­on. For,

If the Parliament had sate longer, the Commonwealths-men could not have preserved the Liberties of the Nation many weeks more, from the ruines the Couriers had designed. And there­fore the Dissolution of it may well be looked upon as a delive­rance equal with that from the Gunpowder-Plot.

And lastly, That as the old Monarchy, The House Lords, the Bishops, and the Presbyterians, were all, in their several Interests, severally destroyed, by their several endeavours to maintain the corrupt parts of each severall Interest; So the down-fall of the new Monarchy hath proceeded from the same Cause. For would a moderate power have satisfyed the Pretender and his party, it had been readily yielded, the Commonwealths-men being so low in their hopes of what God hath since wonderfully brought about, that they would have been glad of any indifferent terms for the good People of this Nation, for whom many and deep Pits were digged, but God hath delivered them out of all.