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on should in the name and power of God (or of his own truth and righteousness, which was supposed to be in him) administer the power of these nations, to settle us in freedom and peace upon all accounts, both civil and spiritual; and they never dreamed of a monarch or a family interest, nor did they imagine any need of cautioning it here. Though others, wiser heads (such, who perhaps, by the opportunity of their high places, had approached nearer this temptation in their own hearts) did foresce, and were aware, what might be the consequence and product of this over-hasty credulity and trust, as afterwards indeed it came to pass.

§. II. The protector did clearly run biass to the honest inten-. tions of those, that wished him the administration of the power, when he made himself a civil ruler. But changes in states and governments being brought with such pangs and throws, as are very uucasy and dangerous, they are not every day's work. It was in vain to retract or withdraw the trust committed to the general, though many disliked the way he went; nor could men believe, that the late passages and transactions could ever grow into such oblivion, as that he, or any man, should think that this nation should be willing to match the militia and the scepter together in the government, but only in his person, whom they looked upon as an extraordinary person: They having fought against it in the person of the late king.

§. III. Hereditary succession in the government being so much disgusted by the honest patriots in the late parliament, the nomination of the immediate succession was indulged; his late highness, as an expedient to satisfy the then present, powerful strivings for hereditary succession, which was not neither yielded unto, but upon a very high confidence of the spirit and principles of his late highness, to carry him above all private respects, in the execution of the trust of nomination.

§. IV. Ilis now highness, being in possession of the government, takes therewith the power of the militia, which was invested in his father, and he conceives also the negative voice to descend upon him with the civil government. The question is, whether in truth it do so, or no? I conceive not; and first for the militia, it is true, the supreme command of all the armies in the three nations was in his late highness; but not as he was protector, but as gene, ral, which he was, before he was protector. So that the protector or civil government was annexed to the militia, not the militia to the civil government; or rather the power of administring to a civil settlement was annexed to the person, not to the power or office of the general; and that upon the reputation of his personal virtue: His military power and capacity serving only as a strength and se curity to him, in the due exercise of the power of civil administra tion intrusted. So that it was not Oliver Cromwell as protector, or the supreme civil magistrate that was made general; nor Oliver Cromwell as general simply, that was made protector; but Oliver Cromwell, general of such a spirit, of such integrity and faithfulness, that the like qualified person was not to be found in the three

nations, that was thought fit for all the power that could be cast upon him.

§. V. As for the negative voice, as it was never disputed with his late highness, where it was suffered to sleep as in a safe hand, for his personal virtues; so was it never, since it was taken away from, or rather with the king and kingly government, concredited, or betrusted with any power or person. And, indeed, it is a thing altogether superfluous as well as dangerous; for take away from parliaments, who, sure in this light, that is risen upon us, cannot be imagined, from their source and fountain, the generality and body of the nation, to bring with them that choice discerning, which is singular, to judge of spiritual things: I say, take away from them the coercive power, in things spiritual, and purely of the mind, and admit them, as children of this world, to be so wise in their generation, as to be able to judge, what is good and behoofeful for the nation, wherein their stakes and interests lie; and what use will there be of a negative voice in a commonwealth as we are, or should be, where no distinct personal or family interest, is, or ought to be owned, but what is one with the commonwealth, and in a subserviency thereunto?

§. VI. The negative voice, therefore, being out of doors with kingship, and we having no civil head now that is master of the commonwealth, but a servant to it; that was set up for that end, though an honourable servant, and it is fit he should be so maintained: The resolution is easy.

Let his present highness be acknowledged and confirmed as supreme magistrate in these three nations.

Let the officers of the army choose their general, and let him have his commission from the protector and parliament.

Let his highness, now being with the parliament, have the power of disposing and commanding these forces, and of making war and peace.

The light, in which these things do evidence and offer themselves to the judgment and consciences of men, is manifest.

For the first, a single person cannot hurt us, if an unfit power be not concredited and betrusted with him. When we engaged against a king, it was not against a single person simply; but so stated and circumstanced, arbitrary, tyrannical, with a luxurious court, a burthensome state, &c. For this is a principle we never intended, by that engagement, to engage against what might be useful to us, no rational man would do so, but what we found hurtful. Therefore the single person may stand.

2. When we admitted a single person, and abated so much of the circumstance, we gave not up the substance of our cause; therefore be not bafiled in that: But, if we give the single person a negative voice, and the dispose of the militia, we give the up heart and substance of our cause. Therefore, part not very with that.

Neither, indeed, can his highness, who is but a single person, expect, whoever should invest him with the sole command of the

militia, whilst the army and the officers thereof keep their integrity, that he can make any use thereof, but for publick ends, and there. fore it would be onus non honos.

3. It is fit his highness should have an honourable, though not the only interest, in the commanding the militia: Therefore, let him be always sought unto, to join with the parliament, in the dispose of the forces of the nation.

And, as for those of the other house, let them pass (or so many of them as the parliament shall think fit) into the council of state; and, if they have a concurrent vote with his highness and the commons, yet no negative vote, their usefulness may be chiefly in the vacancy of parliaments, not to be a balance upon the commons; let their balance be that reason and righteousness that is amongst themselves, as to the things of this world, which is their proper sphere.

THE ACTS AND MONUMENTS OF OUR LATE PARLIAMENT:

OR,

A COLLECTION OF THE ACTS, ORDERS, VOTES, AND RESOLVES, THAT HAVE PASSED IN THE HOUSE.

BY SAMUEL BUTLER, Author of Hudibras.

London: Printed according to Order, 1659. And reprinted this year 1710. And sold by J. Baker, at the Black Boy in Pater-noster-Row. Octavo, containing sixteen pages.

READER,

An Advertisement to the Reader.

HOU art desired to take notice of the last order of parliament in this book mentioned, whereby I am enjoined, upon my oath, to discover only things tolerable, and agreeable to the practice formerly of the long parliament; now the lands be sold, offices disposed of, and their own turns satisfied, and they turned out; I shall acquaint you further: For it is a maxim here, that, if I swear to be faithful to another, if that other hath the worse of it, I am not bound by this oath: And this is the opinion of all reformed divines, and, to my knowledge, hath been put in practice for these eighteen years: So that, being now discharged of that oath, I shall hereafter discharge a good conscience, and set forth a history of rare things. These are not an ace to them I have in my budget.' J. CANNE.*

Farewell.

This Canne was a noted man amongst the saints in those times; therefore, the author made use of his name, in order to conceal himself.

May the 9th, 1659.]-THIS day their small assembly was resolved into a grand committee, to debate what the house should be called in ordinary proceedings.

Lenthall. It shall be called, The New-Exchange.

Vane. It shall be called, The House of Prayer.

Hasilrig. It shall be called, A Gaol, for I see Martin and other gaol-birds here.

Lowry. It shall be called, Haberden.

Skippon. It shall be called, A Den of Thieves.
Atkins. It shall be called, A House of Office.
Scot. It shall be called, The Free-State Cross.

Saloway. That is a superstitious name. Let it be called, The, Armies Ware-house.

Martin. Let it be called, A Church, for we are all saints.

St. John. I am of opinion, that, by the ancient known laws of England, this is the legallest parliament that ever was; and that the men, that met here by Oliver's and Richard's writs, made but illegal assemblies; therefore let it be called, The ParliamentHouse.

Baron Hill.

} We are of the same opinion strongly.

Withrington. I shall declare no opinion as to the point, but shall consider thereof.

Prynne this day got in, and he would have it called Bedlam; for here is frantick Mr. St. John, hair-brained Hasilrig, sensless Lowry and Atkins, possessed Vane, distracted Nichols, and a multitude more of mad-men, besides fools; therefore he thought it fit that the chains and fetters might be removed from Newgate hither, to be keepers of the liberties: Thereupon the house ordered it to be referred to a committee, and adjourned till the afternoon; and that Mr. Prynne should come no more there, for he was too wise and too honest to be in that place.

In the afternoon they met, and upon debate these things were resolved on.

First resolved, that the family of the Cromwells are not born protectors.

Secondly resolved, that it is more convenient we should have the government, we having already the crown-lands. So they adjourned till the next morning.

May 10th. This day it was referred to a committee, to consider of the self-denying ordinance; and they are to take notice, that there are several king's lands yet to be sold; therefore they are to report, whether it be convenient that that ordinance be in force

or no.

May 11th. This day this committee, whereof St. John was chair-man, reported to the house, that by law that ordinance was of no force, for the intent of the makers of laws must be observed; and it cannot be intended, that the makers thereof would so far prejudice their own interests, as to have that ordinance to be in force when lands are to be sold, and places to be disposed of.

May 12th.-Ordered, that this day, usually called Ascensionday, be no more called so; but henceforth May 7th be called by that name, in commemoration of our ascent to the old shop on that day. And this was the great work of that day.

From May 13th to May 20th.-The house took into their consideration the titles of honour and dignity conferred by 'Squire Oliver and his son Richard; and, also other titles to be given: And thereupon it was enacted as follows:

The Contents of the Act for Names, Titles, and Dignities, &c.

First enacted, that our fellow-member, Alderman Atkins, be no more called, Alderman Tom, Alderman Shitbreech, Sir Tom, Sir Alderman, Tom Thumb; but in all ordinary proceedings he be called and stiled, Tom Fool; and, in exigents, let him be named, Tom Turd.

Secondly, that Harry Nevill be no more called, Religious Harry Nevill, that the people may take notice he is one of the council of state.

Thirdly, that the eldest son of Oliver Protector have the same addition of title and dignity, that the long-parliament conferred upon the eldest son of the late king to all intents and purposes.

Fourthly, that all other titles of honour whatsoever be sequestered, and the profits arising thence to go to the payment of the late protector's debts.

Provided that this act, nor any thing herein, shall be construed to take away or null those apt and reasonable titles that are given to the several members and council of state, and recorded in the excellent book of England's Confusion.

From May 20th to June 1.-This day the regulation of the law was taken into consideration: and,

Resolved, that the ablest lawyers be prohibited to judge or practise, that the law may flourish, and justice be done.

Ordered, that old Colonel Walton grow young again before three weeks, or the dissolution of this parliament; and by that time become as frolick as he was with the barber's wife, that his young wife may no longer be forced to get a snap abroad, at the great charge of the publick: And that, in the interim, he sit close in the house, and, that she hath allowed to her an universal toleration during that time, and no longer.

Yesterday the colt, formerly drowned at Huntingdon, and taken up at the great charge and pains of the mayor and recorder, was voted a sturgeon, nemine contradicente: And, it was ordered, that Serjeant Bernard have the next sturgeon to his own use, any grant or prescription to others notwithstanding.

Resolved, that Paul's steeple is the cross that stood formerly in Cheapside; and, therefore, to be pulled down forthwith.

Reported from a Committee of Safety as follows:

That the best way to settle this nation in peace, is to sell the residue of the lands, &c. and dispose of them amongst the parlia

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