ment of his illegal and tyrannical actions. 66 selves, being perswaded they should better discharge their duty to the nation by this way of expressing their abhorrence of his tyrannical proceedings, than by surrendering their liberties under their own hands, and then treating with him who was possessed of the sword, to recover some part of them again."Another contemporary speaks in a like strain. "These grave, necessary and important debates," says he, were no sooner entered into, than in contempt of all privileges of parliament, which will not allow matters in debate to be taken notice of, the protector, like a king, Nam impune quælibet facere, id est, regem esse, summons them into his presence, with the highest and sharpest language, reproaches them for disputing his authority, by whom they were called together; requires them to renounce and disclaim that liberty, before they proceeded to farther consultation, and to that purpose delivered an instrument, without subscribing to which, the band of soldiers which guarded the door of the parliament house, would not suffer any man to enter, whereupon a major part of the parliament departed to their houses, and they only went in who submitted to the conditions, which many afterwards did, who in detestation of the violence, at that time had forborne to subscribe. Thus he, who without the consent or privity of a dozen persons, had assumed to himself the title and stile of protector of three kingdoms, and therefore found a general submission, because he had bound himself within a short time to call a parliament, that might settle the government, when it was now met and possessed of the power it was to have, because they came together upon his call, would not suffer them to question any thing he had done, or what he should do hereafter, their submission (as he said) to his authority of summoning them, being a tacit acknowledgment of his power, which he would not endure to be argued against, without calling Ludlow, vol. II p. 501. to mind (besides the practice of these last ill years) that by the express letter of the law, any restraint from altering or revoking an ordinance or act of parliament itself, is void, being against the jurisdiction and power of parliament." -But this treatment was nothing when compared with that which he gave many members returned to the parliament September 17, 1656. After it was deemed expedient (by reason of the Spanish war) to call a parliament to meet at this time, every art was made use of usual on those occasions, money excepted, to procure a choice of such members as might fall in with the views of the protector. Scot land and Ireland were in his own hands, and the members sent from thence were to be depended on, three only of the latter excepted, who met not with approbation. In England things went not so well. For though, it is said, 182 of Cromwell's kinsmen, dependants, placemen or officers, were chosen, yet were a great number of zealous republicans and anti-courtiers, of different principles, returned, who wanted not will or ability to give much interruption to the business and designs of the government. This was well known, and therefore without ceremony, admission was given to none who produced not a certificate, signed by the clerk of the commonwealth in chancery, "that he was returned to serve in this present parliament, and approved by the council, [Oliver's]." This was undoubtedly an high act of tyranny, and surpassed any thing to be met with in our histories. The gentlemen unapproved were about one hundred; fifty-six of whom sent a letter to the Speaker, Sir Thomas Widdrington, which was read in the house the next day, in these words. "Sir, We whose names are subscribed (with others) being chosen, and accordingly returned to serve with you in this parliament ; and, in discharge of our trust, offering to go into the house, a Letter from a true and lawful Member of Parliament, p. 54. vol. V. p. 477. b Thurloe, See Narrative of the late Parliament, in the 3d vol. of the Harleian Miscellany, p. 440. p. 453. Journals. And Thurloe, vol. V. were, at the lobby door, kept back by soldiers: which, lest we should be wanting to our duty to you, and to our country, we have thought it expedient to represent unto you, to be communicated to the house, that we may be admitted thereinto." After the reading this letter it was ordered, That the clerk of the commonwealth in chancery be ordered to attend the house to-morrow morning, with all the indentures of returns of knights, citizens, and burgesses, chosen to serve in this parliament." The deputy of the clerk of the commonwealth attended then with the returns, which being examined, confirmed the truth of what the secluded members had written.-The house being acquainted that the clerk of the commonwealth was himself at the door: he was called in; and by order of the house, Mr. Speaker acquainted him, "That upon the perusal of the indentures, it appears, divers persons are elected, which are not returned to the house: and he was demanded by what order it was done. He returns this answer: that he received an order from his highness's council, that he should deliver tickets to all such persons, and such only, as being returned to serve in parliament, should be certified unto him, from the council, as persons by them approved: and that he did receive several orders of approbation for several persons; and so he made out the tickets." Being demanded whether he had the order itself: answered he knew not whether it were at the door. But being withdrawn; and again brought in by the serjeant; he delivered in the order, subscribed by Mr. Jessorp, clerk of the council. This order being read, it was resolved the next day, "That this house doth desire the council to give unto this house on Monday next, their reasons, why those members, who are returned from the several counties and boroughs for members, are not approved; and why they are not admitted to come into the house." Accordingly on Monday, the 22d of September, "The lord commissioner Fiennes reported by word of mouth, from the council, their answer to the order made by the house, to this effect: Whereas the parliament did desire the council to give unto them, their reasons, why those members who are returned for the several counties and boroughs for members are not approved; and why they are not admitted into the house; the council have commanded me to return this humble answer: That whereas by a clause in the government it is ordered, that the clerk, called the clerk of the commonwealth, &c. as in the one and twentieth article; and by another clause in the government, it is ordained, That the persons who shall be elected to serve in parliament, shall be such, as are persons of known integrity, fearing God, and of good conversation: That the council in pursuance of their duty, and according to the trust reposed in them, have examined the said returns, and have not refused to approve any who have appeared to them to be persons of integrity to the government, fearing God, and of good conversation: and those who are not approved, his highness hath given order to some persons to take care that they do not come into the house." This was very plain language, and perfectly well understood by the members. As it appeared therefore in vain to contend with the master of legions, as there might be little disposition, it was resolved on the question by a majority of 125 to 29, "That the persons who have been returned, from the several counties, cities, and boroughs, to serve in this parliament, and have not been approved, be referred to make their application to the council for an approbation; and that the house do proceed with the great affairs of the nation." Thus ended this affair in parliament. But the secluded members, far enough from being satisfied with this determination, made an appeal to the public in a remonstrance which does honour to their courage and abilities. Some parts of it I will here insert. "We believe," say they, "the rumour is now gone through the nation, that armed men employed by the lord protector have prevented the free meeting and sitting of the intended parliament, and have forcibly shut out of doors such members as he and his council suppose would a Journals. not be frighted, or flattered to betray their country, and give up their religion, lives and estates to be at his will, to serve his lawless ambition. But we fear that the slavery, rapines, oppressions, cruelties, murders and confusions that are comprehended in this one horrid fact, are not so sensibly discerned, or so much laid to heart as the case requires; and we doubt not but, as the common practice of the man hath been, the name of God, and religion, and formal fasts and prayers, will be made use of to colour over the blackness of the fact; we do therefore in faithfulness unto God, and our country hereby remonstrate; First, That whereas by the fundamental laws of this nation, the people ought not to be bound by any laws but such as are freely consented unto by their deputies in parliament, and it is a most wicked usurpation, even against the very laws of nature, for any man to impose his will or discretion upon another as a rule, unless there be some pact, or agreement between the parties for that intent. And whereas by the mercy of God only in preserving the fundamental law and liberty, the good people of England have beyond memory of any record preserved their estates, families and lives, which had been otherwise destroyed, at the will of every wicked tyrant; and by keeping this only, as their undoubted right, they have been kept from being brutish slaves to the lusts of their kings, who would otherwise have despoiled them of their persons, lives, and estates, by their proclamations, and the orders of themselves, and their courtiers as they pleased and by virtue of this their undoubted right the people have commonly disputed, resisted, and made void the proclamations of their kings, and the orders of their council-table, where they have crossed the laws unto which they have consented in their parliaments. Now the lord protector hath by force of arms invaded this fundamental right and liberty, and violently prevented the meeting of the peoples chosen deputies in parliament. And he and his council boldly declare, That none of the peoples deputies shall meet in parliament, unless they agree to the measure of their phantasies, humours, or lusts; they now render the |