THe Parliament that sate so long, and had so many changes and alterations, and yet was preserved and continued: Was a Counsell that God did highly honour in making of them Instruments of very great things, many of them being very good things, as to the freedome and profit of the people; Amongst which the Change of the Government from Kingly to that of a Com­mon-wealth, may worthily be mentioned, as not of the least, but of the greatest, both to Religions Interest, and the Civill Benefit of all good men.

But long sitting Contracted dulnesse, and a kinde of Indis­position to goe on any farther to perfect the worke which di­vine providence had carried them on in wonderfully: Many of them minding more the greatning of themselves, rather [Page 2] then righting the wronged, and releiving the oppressed peo­ple, and performing their promises to them; so not proceed­ing to perfect the worke of Justice and freedome so happily begun and carried on by them, as Instruments in the hand o [...] God. They became low in the hearts and esteem of good peo­ple; and divine providence so ordering of it, (without which nothing cometh to passe) they were dissolved.

And upon an high Account for Godlinesse, and the Love of the truth, and cause of God, and Interest of his people, others were called together out of the Countries and Cities respec­tively, who assembling at the place and time appointed, after a large Speech made unto them concerning the ground of dis­solving the former Counsell, and calling of this; There was delivered unto them an Instrument in Parchment under seale; delivering the whole power of the Nation or Common-wealth into their hands, to take care of, and to governe for their good. It is very observable that of all that were so cho­sen and summoned to appeare for the end aforesaid, being one hundred and fortie persons, there were but two that refused the call and worke; so unanimous a Concurrence was there found as to the service: Though they knew well their call was not according to ancient formalitie, and the way of the Nation. There seemed to be two Reasons wherein there was satisfaction: First, that divine providence had cast it on them, without their seeking in the least; Secondly, the necessitie, as the case of the Common-wealth stood of having some to Act and carry on Affaires in way of Government, till there might be an Attayner to a better way of settlement, by the Choice of the good people of this Nation, which was not to be de­nied to be their just right, and dearly purchased libertie.

It was great satisfaction and encouragement to some, that their Names had been presented as to that service by the Chur­ches, and other Godly persons: And withall, because they were to undergoe the Trouble but one yeare, or little more: And so long they were willing to serve their Country freely, to their best Abilities, looking for no reward.

The fourth of July, 1653. those thus Assembled and Im­powered, did adjourne themselves from Whitehall to the Par­liament-House, [Page 3] to meet the next morning at eight of the Clocke, and then to begin with seeking God by prayer: which accordingly they did, and the service was performed by the Members amongst themselves, eight or ten speaking in prayer to God; and some briefly from the Word; Much of the presence of Christ, and of his Spirit, appearing that day, to the great gladding of the hearts of many; some affirming they never injoyed so much of the Spirit and presence of Christ in any of the meetings and exercises of Religion in all their lives, as they did that day. In the Evening of that day M^r Francis Rouse was called to the Chaire, and chosen Speak­er: and then the House was adjourned to the next day: when the House appoynted to pray againe three or foure dayes after; which accordingly was done by the Members; principally by such as had not don service before; when also the Lord Generall was present; and it was a very Comfortable day. But after the House had spent the first day in prayer, and were the next day met againe, after prayer, which was daily performed by one Member or other, as they were found free to performe it; They then proceeded to call over the House; Read and laid up the Instrument of their Impowering, chose a Clerke, and after a Sergeant at Armes, and chose a Committee to Consider what Officers and Attendants were necessary to be taken in; and to Consider of the Fees and Sa­laries of such as should be Imployed; which accordingly was done, and Confirmed by the House: Charge being given to the Committee that care should be taken that none but such as feared God should be Imployed. About this Time there was a great Debate what name they should give themselves to be cal­led by, in as much as their cal was looked on as extraordinary; Divers Titles were proposed; but at last being put to the vote it was carried; To call themselves by the name of the Parliament of the Common-wealth of England. The lownesse and innocencie of the Title, having little of earthly glory or boasting in it, induced some to give their vote for that; though others were much against it. The first thing that was done was a solemne Declaration to the good people of this Common-wealth, and to all the world of owning themselves a Parliament, and the [Page 4] Supream Power of this Nation. Which was drawne up by a Committee, and then read and passed in the House; In which specious things are held forth, of the goodnesse of God to the people of these Nations, with Intimation of what our Inde­vours should be, for their good: stirring them up earnestly to prayer, and seeking of God: which seemed to be well relished by all good people.

Then there was a proceed to choose the Councell of State, of the number of Thirtie one persons; which accordingly was done. The Powers and Instructions read and passed, It so fell out that the great grievance of Tythes was taken on and debated three or four dayes, but with little successe, for where­as all the House for the most part were sencible that it was a grievance fit to be removed. The difference was, some would not give way to the remove of it, till some other thing were provided to be sett in the roome of it: Others would have it removed as a grievance in the first place; and then to make provision as God should direct. In the Debate, difference was made betwixt Impropriators, and that which was otherwise; and all seemed free and willing that Impropriators should be satisfied the value: And therefore upon the choosing of a Committee for Tythes; onely that of Incumbants was to be considered of.

The House after much time spent as afore, waved it till a further time and better leisure: Then the House was metho­dized into several Committees, for the better dispatch of bu­sinesse, so as none might be idle, but all employed in publick service; beside the Councel of State, six or seven Committees were chosen and set to work, The Committee for the Army, The Committee for Prisons, and Prisoners, The Committee for Regula­ting the Law, The Committee for Justices, and for the poor, The Committee for Publick Debts, The Committee for the Scotch and Irish Affaires, The Committee for Petitions; which Committees sate dai­ly, and took great paines, morning and evening, almost every day in the week, to dispatch businesse, and make things ready for the House: And many things were fitted and prepared, of which hereafter.

Mr. Lilburn about this time Petitioned the House, then his [Page 5] Wife Petitioned, after some of Buckinghmshire, and also Hert­fordshire; likewise some in and about London: Lastly, some that called themselves young men, and Apprentices, who deli­vered a high and peremptory Petition in his behalfe; all w^ch occasioned much debate and expence of time: The young mens Petition was voted scandalous, and they ordered to be taken into custody, and accordingly six of them were committed, one in a few dayes being sick, the House discharged him; the five Petitioning, having been in custody some dayes, and having been something stiffe, refusing to tell their names, instead of being released, were ordered to be sent to Bridewell, there to be kept to hard labour, and accordingly they were sent, and kept there, and after some time they being some of them sick, and having Petitioned twice, four of the five were by Order of the House released, the other remaineth Prisoner to this day; the onely high piece of Justice the House did all the time of their sitting, and wherein there could not be much of honour, for it was but as the Lyon trampling on the Mouse. This businesse of Mr. Lilburne receiving and answering the Petitions before mentioned, concerning himselfe and the Apprentices Petiti­ons for their Liberty, spent very much time, and held many sharp debates; some Members of the House earnestly moving to have had his Tryal suspended, and the Act called in Questi­on by which he was Banished, and made a Felon, that the me­rit of the cause might be looked into; which they professed a­gaine and againe they did not doe it so much in the favour of Mr. Lilburn, as in the right of themselves and their posterities, and all English men, which they judged highly concerned therein. But other Gentlemen of note being very opposite, no­thing came of the whole but expence of time, and losse of the love & affections of many good people, whose Petitions were denied; his Trial going on, as some in the House had sugge­sted, so it came to passe, he was by the Jury acquitted, to the loosing the love of some, and to the scorne and contempt by others.

By this time many matters were fitted and prepared by the Committees, who made their daily reports. The Councel of State having the preheminence to be first heard, divers things [Page 6] were offered by them, some of which had been considered of by them in the interval of Parliament; many things passed and were dispatched of what they reported, and which other Com­mittees did likewise report, which spent not a little time. Bu­sinesse came on so fast from Committees, which did cause stri­ving which should be first heard, and much time lost thereby. There were many particular things ordered and dispatched by the House, as The relieving the sufferings of many by fires in se­verall parts of the Nation; some their grievances redressed; some their Petitions and desires granted; some had obstructions in their Purchases removed by the House. The businesse of providing mo­neys (all other things ever giving way to that) occasioned expence of much time, and great debate of wayes and means to that end. The Fights at Sea coming to knowledge by Let­ters, the reading of them, the acknowledging Gods goodnesse, and praising of his holy name, the taking care to provide for the sick and maimed, the relieving the Widowes of such whose Husbands were slaine, the honouring with rewards the Chief­tains and Commanders, with the bestowing several sums of money on the widows and Children of such Captains as were slain in the Fight, in consideration of their losse of such Hus­bands and Fathers: All which were things just and honoura­ble, but not done without expence of time. The dispatch of Ambassadors to forreign parts, as to Turkie, and to Sweden, their Letters of Credence, and Commissions signed and sealed; the receipt of Letters from Switzerland, and other free States, the reading of them and returning Answers, may be reckoned into the expence of time. The Councel of State chosen a se­cond time by the Box or Glasse where every one put in his paper of Names, and those that had most Votes carried it, spent more then one whole day.

To omit very many things, toward the end of the House's sitting, the businesse of the Excise came on, where about three dayes were spent in passing the Rates particularly by Vote. The Old and New Drapery, Hats, Capps, and Tobacco-pipes, were by Vote exempted from the duty of Excise: The Bill follow­ing in Order of the Rates, was very large of about eighty sheets of paper, spent one whole day in the hearing of it read; and [Page 7] there appeared so many snares and difficulties in it as to trade, as was judged no way fit to be put on a people that expected freedome as the price of their blood and treasure, by them spent in the late war: whereupon it was by general consent waved and laid aside. There were divers Bils prepared by se­veral Committees, some of which were read in the House, and others offered to have them read, but other businesse hindered, as, A Bill for constituting a Committee for Advance of Trade, A Bill for Work-houses, and providing for the poor. Divers Bills for the Re­gulation of the Law, and making of it lesse chargeable to the people, and more expeditions.

There were severrll Acts passed by the House, in time of their sitting, the perticulars here follow. Viz.

1 An Act for the Committee of the Army, and Treasurers of War.

2 An Act for constituting Commissioners for ordering and managing the Admiralty and Navy.

3 An Act for the settling the Court of Admiralty; much time spent in fixing on Judges.

4 An Act for taking away Fines on Original Writs, which was as some knowing Gentlemen of worth in the House affir­med, to the saving of the people of this Common-wealth, an hundred and twenty thousand pound per annum, only ten or twelve thousand pound thereof coming to the State.

5 An Act touching the several Receipts of the Revenue and Treasuries of the Common-wealth, and the bringing them in­to one Treasury.

6 An Act for Marriages, and the registring of them; as al­so Births and Burials; much time spent in the debate about Marriages, there being many nicities and difficult cases rela­ting to that subject.

7 An Act for the more speedy bringing in of the Arrears of the Excise, and setling Commissioners to that end.

8 An Act concerning the Planters of Tobacco in Gloucester­shire, and elswhere.

9 An Act to continue the receipt of the Excise til the 29 of December last.

10 An Act additional and explanatory for the sale of the [Page 8] remaining Fee farm-rents, and finishing the whole businesse.

11 An Act for setling Ireland, and making it a part of the Common-wealth; and satisfying the Adventurers and Soul­diers with Lands; which Act being very large and compre­hensive, took many dayes Debate before it could be passed as a Law.

12 An Act for the relief of Creditors and poor Prisoners; the fruit of it hath shewed the worth of it, three hundred poor starving souls having been freed thereby, in and about London: a Law so just and honourable, as England hath seen few better, which passed not without serious debate.

13 An Act for Accounts, and clearing publick Debts, and for the discovery of fraud and concealment of any thing due to the Common-wealth.

14 An Act impowering the Committee of the Army to state and determine the accounts of all Souldiers and others em­ployed by them, for moneys by them received from the 26 of March, 1647. until the 25 of July, 1653.

15 An Act for redresse of delayes, and mischiefs, arising by Writs of error, and Writs of false judgement in several cases.

16 An Act for repealing of a branch of an Act of the late Parliament, intituled, An Act for subscribing the Ingagement; which was much to the ease and profit of the people, and to the losse of the Lawyers.

17 An Act for the regulating the making of Stuffes in the County of Norwich and Norfolke.

18 An Act for a High Court of Justice, cost indeed but one dayes time the reading, debate, and passing for a Law, by rea­son of the great hast some Gentlemen made, pretending great danger to themselves, and the Common-wealth, so as no rea­sons could prevaile to have it recommitted as some desired; or that the Acts for Treasons might be read, that the Commis­sioners were to proceed upon, as others moved to have them: nor yet that the Bil might be ingrossed, being to be a Law that concerned life, for then it could not have passed til the next day, when some that were perceived that day absent, being praying at the Black Friers, might be present, and hinder, as it is likely they feared, the passing of it; which had they done, [Page 9] they had saved much the credit of the Counsel, for to wise men it seemed a very weak piece, and experience hath (thanks be to God) shewn there was not that sudden danger as some Gentlemen suggested, that did not let to say (in answer to those that would have had it ingrossed against the next mor­ning) That they knew not but by that time they might have their Throats cut.

19 An Act for Deofforistation, and improvement of the Forrests, and of the Honours, Mannors, Lands, and Tenements within the limits and perambulations of the same, heretofore belonging to the King, Queen, and Prince: a very large Act, and comprehensive in the perticulars; wherein the old Far­mers of the Custome-house, that lent the old King money to make War with the Scots, were admitted to have their old Debts made Publick Faith to double on, to the sum of two hundred seventy six thousand pounds, to the end to be sure to have money against the Spring: It was complied with, and some very eminent and wise Gentlemen made others believe there was no question but the money would be provided ready against the times, though other Members of lesse note, tould the House what they thought, even as it is come to passe.

20 An Act confirming to the Purchasers of Sir John Stowels Lands, what they had purchased of the State.

21 An Act for an Assesment at the rate of one hundred and twenty thousand pound a Month, for six Moneths, from the twenty-fifth of December, One thousand six hundred fifty and three, to the twenty-fourth of June then next ensuing, for the maintenance of the Armies and Navy of this Common-wealth, being a very large Act, and that which took up ma­ny dayes in the debate and passing of it, there being a desire if possible it might have been to have abated something of that sum, and that it might be laid equally: Many Votes passed, and very sharp debates, by reason of the great inequality that was evident in the laying of the Tax, some Countreys bearing beyond their proportion, and some much lesse, which made the burthen more grievous then otherwise it would be: When after many dayes spent in the modelizing of the Bill, and it came to be passed, some Gentlemen gave their reasons why [Page 10] they could not give their Yea to passe it for a Law, for the un­righteousnesse that was in it (and something else) which had been laid forth in the debate. The great unequality be­twixt County and County, City and City, Hundred and Hun­dred, and so of perticular Estates, some paying but two or three shillings the pound, and others four or five, yea some ten or twelve shillings for their reall Estate, beside what they paid for their personall: In which some of London passionate­ly complained of their being over-rated, they paying eight thousand pound a Month, the fifteenth part of the whole As­sesment of the Common-wealth: when as they with great confidence affirmed, that they were not the fortieth part of the Common-wealth in value, as their case now was. The Act ingrossed, and the Question being put, the No's (as to the making it a Law that very day) had they been prosecuted to the pole, had hazzarded the passing of it; It having been ear­nestly pressed that it might be amended at the Table, or re­committed to be amended against the next day.

A Gentleman that first moved to have the House give u [...] that morning they were Dissolved, made this one of his Rea­sons why he could sit no longer with his fellows, because of their dealing so dis-ingenuously with the Army; some other Gentlemen having spoken to the same account; but as to this those that gave their No's in the Vote against the then passing of the Bill upon the account before, can say they never were in arms against the Parliament and Army, nor were ever in Oxford or any other Garrison that stood in op­position to them. And for their constant cordial affection to them, they may safely say without boasting, they have been but a very little behind them that have been the highest and best affected in the Nation, what ever those Gentlemen please to say: To indeavour to have the Assesment equally laid and born, tended much to the Armies good rather then hurt, whereby they might continue to injoy the love and affection of the people unto them.

22 An Act for the continuing of the Priviledges and Juris­diction of the County of Lancaster.

[Page 11]23 An Act touching Idiots and Lunaticks.

24 An Act for inabling Commissioners of Parliament for compounding with DELINQUENTS, to dispose of two parts of the Lands and Estates of Recu­sants, for the benefit of the Common-wealth. An Act that cost much time in the Debate of it, for that some Gentle­men fearing it amounted to the Toleration of Popery, did strongly oppose it, and caused it to be so modelized as that it was never like to attain the end aimed at, as some then declared: Of which experience now can best declare and speak.

25. A second Act for the Constituting Commissioners for ordering and mannaging of the Affaires of the Admiraltie and Navie.

26. An Act for the better and more effectuall discoverie of Theeves and high-way-men.

There was also a Bill brought in and Read and Debated for the Uniting of Scotland to the Common-wealth of Eng­land, as a part of it, with equal priviledges: which spent two or three days Debate in a Grand Committee of the whole House, before it was ordered to be Ingrossed, being a thing of very great weight and concernment, being ingrossed it lay ready on the Table to be read and passed. But the Highlanders putting the Country into distemper, it was not put to be pas­sed for a Law while the House continued.

By this time it will appeare the House was not altogether Idle, nor at a stand in their worke, so as there was need to have them dissolved on that score. Indeed much more might have been done and proceeded in, if there had not been some­thing that did lett. The two Great Grievances of the Law and Tythes, had such friends in the House; as that when ei­ther of those things came into Debate, the House was as divi­ded into two parts; The one very Indulgent, still pleading and making defence in their behalfe; The other Indeavouring the redresse of them. Great Counsells agree not in all things presently, yet is that no good Ground of their dissolution; That the House was not Idle, nor at a stand, nor in an Incapa­citie, [Page 12] to doe the worke of the Nation. Though so divided as aforesaid, may beside what appeareth alreadie, be fur­ther taken knowledge of by these Insuing Votes which fol­low.

There were foure great Votes, that passed in the time of the sitting of the House, w^ch some Interests were much displea­sed at, and they passed not without great Debate.

First, A Vote for the Abolishing and taking away the Court of Chancery.

Secondly, A Vote for a new Body or Modell of the Law.

Thirdly, A Vote to take away the power of Patrons to make presentations.

Fourthly, That Innocent Negative Vote of not agreeing with the Report of the Committee for Tythes, Touching what they Reported, as the best way to eject scandalous pro­phane and ignorant Ministers, &c. Upon which followed pre­sently the dissolution of the House.

A little of each of these, because of the great dust that is rai­sed, to the blinding of some, and inraging of others, against them that sought not themselves, but the good of the Com­mon-wealth in generall, and no private or particular In­terests.

First, For the Chancery, It was looked on as a great grie­vance, one of the greatest in the Nation, so many horrible things were affirmed of it by Members of the House, as those that were or had a minde to be Advocates for it, had little to say on the behalfe of it, and so at the end of one dayes De­bate, the question being put, it was voted downe.

For Delatories, Chargeablenesse, and a facultie of letting Bloud the people in the purse-veine, even to their utter pe­rishing and undoing, as by what was spoken and affirmed at the Debate. That Court may compare (if not surpasse) any Court in the world; It was Confidently affirmed by knowing Gentlemen of worth; that there were depending in that Court, Twentie three thousand Causes; That some of them had been there depending five, some ten, some twentie, some thirtie yeares and more; That there had been [Page 13] spent in Causes many hundred, nay thousands of pounds, to the ruine, nay utter undoing of many families; That no Ship almost (to wit, Cause) that sayled in the Sea of the Law, but first or last putting into that Port, and if they made any considerable stay there, they suffered so much losse, as the Remedy was as bad as the Disease; That what was Or­dered one day, was Contradicted the next, so as in some Causes there had been five hundred Orders, and farre more as some affirmed. That when the purses of the Clients be­gan to be emptie, and their spirits a little cooled; then by a Reference to some Gentlemen in the Countrey, the Cause so long depending, at so great Charge, came to be ended, so as some did looke on it as it now is, as a Mysterie of wickednesse, and a standing Cheat.

How sad a thing is it that after such Appearances of God in the Land, such a Court, in such a way of practise, should be continued, to greaten the Retayners to it, and practisers in it, by the ruine of others, eating the fatt and sweet of other mens labours and estates. It is to be hoped such wic­kednesse is not long lived; How did good people rejoyce when they heard of that Vote, and how sad and sorrowfull were the Lawyers and Clarkes, for the feare of the losse of their great Diana may be remembred: with their great joy and making Bonfiers, and drinking Sacke when they were delivered from their feares by the dissolution of the late Par­liament.

The Committee for the Regulating of the Law, in pur­suance of the Vote, brought in a Bill for the Taking away the said Court: But for that there was not provision made for the future, and for the Causes then depending, altoge­ther; It was opposed by those Gentlemen that had no mind it should be taken away; And so it came to be waved and layd aside, and the Committee ordered to bring in a Bill that might doe all.

The Members of that Committee, having many of them occasion to be absent in the Countrey, in fetching up and settling their Families before Winter. Nothing was done [Page 14] till toward the Terme, when a Bill was brought in and read in the House; That was looked on by many as the washing of the Blackamore, or pruining or lopping evill branches, where three or foure in a little time will come in stead of one cutt off. Upon Debate it came to the Question, and was carried in the Negative, and cast out.

Then shortly after another Bill was brought in and read, which to very many seemed to be a setting up of two Courts, rather then a casting downe one, and an establishing of the Chancery, rather then a Taking of it away: Some Gentle­men of great Note of the Long Robe, had a hand in it; That it is likely will never spoyle their owne Trade; The Bill by very many, after a long and sharpe Debate, was judged short of the end aimed at, and being put to the Question, it passed in the Negative, and was also cast out; At which some of those Gentlemen aforesaid, were very much dis­pleased.

The Term by this time was begun, and the people not eased as was hoped it would have been, at which those Mem­bers that carried the Vote for putting down that corrupt Court, were sorely vexed and troubled, who took little delight to come through the Hall, and to see the corrupt Trade going on; some of them moved to have had the Court suspended for three weeks or a month, till somthing might be done in it, but it was not consented unto, or thought fit, and so the Term and trade of the Law went on, and the Committee went to work again: and by this time some other Members of that Committee, that were not such great zealots for the upholding of that Court, were come to Town, so as a Bill was modelized and prepared, which they of the Committee thought would answer the end, and be to the liking of the House; in which was provided for the ta­king down the Court, and for the dispatch of the Causes depending, and providing for the future in a summary way, so as any ordinary cause might be determined and ended for twenty or forty shillings, and in a very short time, and much strife and going to Law prevented.

[Page 15]But the House being full of business there was no oppor­tunity to tender it, and so they let it alone til a fitter time and more leisure.

If a Copy of that intended Bill were Printed, it might be judged what their intentions were; for that after it was got in and twice read in the House in one day.

The second Vote which was for a new body of the Law, passed not without a large Debate; the Clerk in drawing up the Question, put the word Body in stead of Model, which some Members for the passing of the Vote before and after, desired to have had altered: but others, lovers of the Law as now it is, opposed the alteration of the word, being very angry at the Vote, and so it went as it was, with some seem­ing disadvantage, by means of the word Body, which some of those aforesaid being angry, would needs fancy, and ac­cordingly reported, as if it were intended to destroy the Law, and take away the Laws we had been fighting for all this while as our birth-right and inheritance.

And such a noise was made about it, that made many be­lieve that the House was modelized of Monsters, rather then men of reason and judgment.

There were very sober and moderate Gentlemen, in the ac­count of all men, that concurred heartily in this Vote, such as upon whom little blemish will stick.

The Reasons, or some of them that were alledged in the Debate, producing this Vote, was the intricacy, uncertainty, and incongruity in many things with the word of God, and right reason, in the Laws as now they are.

First, whereas the Laws ought to be easie, plain, and short, so as they that were to be subject to them, and have benefit by them, might be [...]ble to know and understand them in some good measure.

They are now so voluminous, and thereby Intricate and uncertaine, darke and concealed, as few are able to come to the knowledge of them. Those of the profession of the Law differing in very many cases, what the Law is, and being of severall opinions about this and the other thing: And then how should others, though highly concerned be able to un­derstand [Page 16] them; and their Interest therein contained. There being so many Law-Bookes of great Bulke, so many old mustie Records, Reports, and Book-Cases; As that after the time spent in School-learning, the rest of the Time of the flower of a mans yeares, would be little enough to reade them over, and peruse them.

And beside, those Records and Book-Cases are very ill Guides or Lights to goe by, for who knoweth the Circum­stances that did attend them, which alters oft times the whole Case; who knoweth whither in those Cases, bribery did not make the Judgement, or the powerfullnesse of some great man, or the love or hatred of the Judge, or the Negligence or Corruption of the Advocate. And besides, in those Law-Cases, some presidents are directly Contrary to others; And an Advocate or Counsell alledgeth one Case or Report, and another another: and then the Judge followeth which he pleaseth: how Arbitrary is the Law in this Case? and at what uncertainty are the great Interests and proprieties of men?

Beside, how various are the Customs, which notwithstand­ing passeth for Law? Usually unknown, but to some old men of the place, which though it be never so unrighteous and unreasonable, Time out of minde, carries it. How bulky and voluminous are the Statute Books? and of so great a price as few are able to buy them, and so large that few can spare time to read them, to know their right, and how they are con­cerned in them; and yet they must be judged, and stand or fall by them. And many times some old musty Statute of a hun­dred years old, and more imprinted, is found and made use of by some crafty Lawyer, to the undoing of an honest man that meant no hurt, nor knew any thing at all of the danger. Up­on something held forth to this effect, the Vote was carried for a New body or model of the Law, and a Com­mittee chosen to that end, who met often, and had the helpe of some Gentlemen of worth, that have deserved well of their Countrey, being true Patriots: who liked well the thing, as very usefull and desireable: It being not a destroying of the LAW, or putting it downe, [Page 17] as some scandalously reported: But a reducing the whol­some, just, and good Laws, into a Body, from them that are useless, and out of date; such as concerned the Bishops, and holy Church (so called) and were made in favour of Kings, and the lusts of great men, of which there are very many: the Law of God being eyed, and right Reason looked unto in all: there being some of the Laws that are contrary to both: as the putting men to death for Theft, The spa­ring the lives of men for Murther, under the notion and name of Manslaughter, a term and distinction not found in the righteous Law of God: And that unreasonable Law, that if a Waggon or Cart, &c. driven by the owner, or some other, with never so great care and endeavour, fall, and kill any person, the owner, though it were his own son or servant could no way help it, shall loose his Horse and Waggon by the prophane and superstitious name of Deo­dand; And the owners of the goods shall loose them also upon the same account, though they were as innocent as Abel: other instances might also be given.

The way the Committee took in order to their work which must needs be elaborate; was by reducing the severall Laws to their proper heads, to which they did belong: and so modelizing or imbodying of them, taking knowledge of the nature of them, and what the Law of God said in the case, and now agreeable to right reason they were; likewise how proportionable the punishment was to the offence or crime; and wherein there seemed any thing either deficient, or excessive, to offer a supply and remedie, in order to recti­fying the whole: The Committee began with Criminals; Treason being the highest, they considered the kinds: what was meet to be a judged Treason, in a free Common-wealth; and what was meet to be the punishment of Grand and Pettie Treason: Then they proceeded to Murther, the kinds of it, and what was to be so ajudged, and the punishment thereof. The like they intended concerning Theft, and af­ter to have asertained and secured propertie; As also the ex­cecutive part of the Law: so as a person should not need to loose, or part with one propertie, to secure and keep another, [Page 18] as now it is: Persons being forced to loose or part with the propertie of their Cow, to keep the property of their Horse; and one peice or parcel of Land to preserve and keep ano­ther. Which Body of Law when modelized, was to be re­ported to the House to be considered of, and passed by them as they should see cause: A work great, and of high and great esteem with many, for the great fruit and benefit that would come by it: By which means the great volumes of Law would come to be reduced into the bigness of a pocket book, as it is proportionable in New England and elsewhere: A thing of so great worth and benefit as England is not yet worthy of, nor likely in a short time to be so blessed as to injoy. And this being the true End and Endeavour of those Members that laboured in that Committee, it is submitted to every godly (and rationall) man in the Nation, whether (as is most falsly and wickedly reported, and charged upon persons acting in so much love to their Countrey) their en­deavours tended to destroying the whole Laws, and pulling them up by the roots.

The third Vote was the taking away of patrons Presenta­tions, which thing is one of the strong holds of Sathan: At the passing of this Vote some Gentlemen were greatly offended; pretending it was a destroying, and taking away proprietie: The Gentleman that moved first to have the House dissolved, made this one of his great Reasons why he could sit no lon­ger with his fellows, being very contious, like those that stumble at a straw, and yet leap over a block: Tith mint, and Commin, and neglect the great things of the Law: This Vote after a sharp Debate was carried in, in which very sober Gen­tlemen concurred, such as are not blemished, as Sectaries, or Levellers: Though they had of this kind o [...] propertie them­selves, some two or three a peece that out of conscience for the better advance of the knowledge of the Gospel, and In­terest of the Lord Christ, they were willing to part with their right herein.

The nature of this propriety may be a little minded, be­cause of the great outcry that is every where made, Oh the Parliament men, many of them are such as would destroy all property: As if they had none themselves, when as though [Page 19] all of them had not very bulkie Estates, yet they had free Estates, and were not of broken Fortunes, or such as owed great summes of money, ten thousand pounds and more, and those to whom they were so in debt knew not how to get a penny of it, but stood in need of priviledg and protecti­on, as formerly it hath been: The nature of this property looked into, and considered, will appear to be partly of an earthly, and partly of spiritual nature; These two mixed and twisted together, make up this right or property: of having power to present a Person to be Minister there. To have the earthly, or civil advantag'd Tithes, and offerings, and Gleab land if there be any; and to have the more religious, or spiri­tual right and Interest, the cure and care of souls, of all living within that circumference called a Parish, and to have the right to officiat to God, and man there; And is not this pro­perty worth the standing for? to be Lord Patron, so as he may open the dore to whom he pleaseth; And be sure he let in such a one as will comply and serve his Interest, and wink at his vitious courses, and not vex and disquiet his greatness by tel­ling him of his faults, as somtime John Baptist did Herod; or as those, which prophanely they call Puritans, and Sectarian Ministers use to do.

But seeing to sell this property, were no less then the sin of Simony, what worldly advantage can he make of it: thus, if the Church be full (so they blasphemously call it) Christ being the only fulnes of the Church: And not some ignorant, prophane, and lasie Priest: That is a miserable fulness, with which some Churches (so called) are filled; In such a case of fulness the Lord Patron may sell the reversion for a conside­rable sum of money, to some one or other that hath sent his Son to Oxford, o [...] [...]ambridge, to learn the Art of Logick, and Philosophie; By which Craft he may know how to get his li­ving another day: And so the old Incumbent dying, this young Artist cometh to be presented one, to enter and take possession, and so to enjoy his portion his Father provided for him: The Gleab, the Tithes, and oblations; Together with the care, and cure of souls, and right of officiating to God, and man there, for this his Father bought, and purchased for [Page 20] him, and who shall take it from him. But if the Church be empty, that is, of a Priest; then all his proprietie amounteth but to a shadow, unless it be sure to put in one that being be­holding to him, shall be sure to serve him, and to forbear his lusts; or else marry his Kinswoman, or his Wives Gentlewo­man, or Chambermaid: in consideration of being presented to be setled there: But can this work of darkness, and root of Iniquity, abide the light, or look in the face, without blushing the glorious light of the Gospel that now shineth in this our horizon: Is not this property, a relick of the Merchandise of the great Whore, Revel: 18.13. that buyeth, and selleth a­mongst other wares the souls of men. What a sad account have the most of these proprietors, these presenters, and pre­sented to make, for the many thousand souls, that have peri­shed by their means.

But doth that Gentleman that made this one of his Rea­sons as before, why he could fit no longer with his fellows to do the work of the Common-wealth, think indeed, and is it really his judgment, that a Parliament or Supream Authori­ty, have nothing to do to meddle with propriety; so as it should be so great an offence, to meddle with the aytie pro­perty of presentations: Sure upon consideration he and those Gentlemen that were so offended, cannot but think other­wise. That the Parliament may for a common good meddle with, and take away propriety, of a higher nature then Pre­sentations, and of higher, and more nigh concernment: espe­cially when particular mens propriety is prejudicial to com­mon good, so as the whole is profited by the loss of particu­lar persons, he surely was one of them that gave his yea for the passing of the Bill for the monethly Assessement, notwith­standing it medled with propriety, even th [...] [...]th part of the yearly Revenue, and Incomb of most men, and sure he cannot but think they might do it in order to pass like good, with­out any destroying propriety; Though many are as unwil­ling to part with it, as those Gentlemen can be to part with their propriety of Presentations.

Was it a destroying propriety in his judgment, for the former Parliament to take into their hands, and to sel away [Page 21] the Lands of Bishops, Deans, and Chapters, which they en­joyed as their proprieties, with many rights and priviledges not inferior to Presentations; which some of them had ne­ver made forfeit, or of by-acting against the Parliament.

Was the taking the fifth and twentieth part of Persons Estates for the good of the whole, a destroying propriety, in­deed some said so then, but we know what they were accoun­ted for so saying, no less then Malignants.

Surely those Gentlemen will not so say of the Instrument, or model of new Government, or those that made it, as they do of those that passed that Vote; Notwithstanding it take two hundred thousand pound per annum, for the carrying of it on.

The former Parliament they did not reckon that they went beyond their Power, nor that they overthrew proprie­ty, when they passed the Act for the draining of the Fens; gi­ving away very much of the Lands, (the chiefest propriety) of the owner to the undertakers in order to Publick good.

The fourth Vote, whereupon followed the Dissolution of the Parliament, was that harmless Negative of not Comply­ing with the Report of the Committee; Touching what they offered as the best way to eject ignorant, prophane, and scandalous Ministers; and incouraging them that are good, &c. of which two things, and so an end of this discourse; first of the proceed to it, and in the Debate of it; And then that which followed after it til the House was Dissolved: The pro­ceed was shortly thus: After the aforesaid Vote had passed, and some of the Gentlemen of the House were in readiness to offer the Bill; The Committee for Tithes to countet-work, and keep that off as some thought, did on Monday morning offer this Repor [...] and many were for the taking of it on; others were against the medling with it at that time, some moving to have the Bill taken in concerning Presentations, some to fall on things of more present concernment, as the Bill for uniting Scotland to England Reasons were offered on every side, and after one of the clock the House rose, and no­thing fastned on: The next morning those that were for the Report to be taken in the day before, moved again, and the other not opposing, it was taken in, but not without being [Page 22] put to the Vote whether the House would take it in, which was carried in the Affirmative, and so the Debate began, and continued day after day, til after one of the clock each day: The Speaker being aged, and not able to sit longer: The De­bate was managed day by day with very great seriousness, many Arguments and Scriptures being alledged.

The House being evenly poysed, and great attendance be­ing given by the Members, waiting the time of the Vote; and though any Member might by the Rules of the House have spoken every day so long as the Debate continued, yet such was the modestie shewed, that hardly any on all the five dayes spake twice; very little of heat or passion being shewed all that time, onely one Gentleman or two that were for the Report, seeing themselves and their partie so inga­ged, flue out a little, complaining of the expence of Time, to have given a check to the going on of the Debate: But the Orders of the House being called for, by some of the other side to the Speaker, he declared it to be the right of every one to be heard, and that the question could not be put so long as any would speak to it; withall those Gentlemen were told of their restlesness to take on the Debate, and how now they wanted patience to wait the Issue of it: after three or four days a Member that was against the Report offered an Expedient, but was not accepted: At last on Saturday toward noon the question grew neer as did also the end of the Parliament, some Members that were against 1ste Report having not spoken, and assaying to speak, were perswaded to forbear, who onely gathered the Issue and result of the whole and left it to the House, which was whether upon the whole this in the report was the best expedient for that end; which some on the other side that w [...] for the Report perceiving the stress of the question put there, moved that the word best might be put out; but it was not admitted, having been in the Report all the time of the Debate: so about one of the clock the Vote passed, and upon dividing the House was carried in the Negative: A Debate of that nature and length in so great a Councell, hardly ever passed with such soberness and little heat or passion: The business was in statu quo, as to any ones being either [Page 23] better or worse, the report was laid aside, for that the first part of it whereon the other part depended was rejected; to wit, that the best way to eject ignorant, prophane, and scandalous Mini­sters, and to incourage them that are good, was by sending cer­taine Commissioners impowered to do it: as at full hath been put forth in Print already: There was at the passing this Vote 115. Members, whereof 54. were for the affirmative, and 56. for the negative; and two Gentlemen tellers for each side, and the Speaker, which make up that number.

To go about to tell of the Arguments insisted on, from the Scrip­tures, and from Experience, and other Reasons of a prudentiall con­sideration, would be too tedious; that this Vote that hurt no body should occasion such wonderfull displeasure, and out-cry every where is at least wonderfull: If men were asked (as Micah was) what aileth them? they would hardly be able to tell, so well as hee did: is it not much, when as godly sober men in discharge of their duty and trust, for the glory of God, and good of their Countrey, should leave their habitations, relations and injoyments, spend their time and meanes to serve their Countrey, and be so rewarded with scandalous and false reports, and to have judgement of high con­demnation passed on them upon hearsay, without the least shew of proofe? Is it not much that men of learning, Leaders and Teachers of others, that would be esteemed godly Orthodox Divines, Mi­nisters of Christ, and Preachers of his Gospel, should be of such a spirit and strain so unlike Christ and the Gospel, as to utter such speeches in Pulpits, and else-where? that they meaning those that complyed not in the afore mentioned Vote, and voted in the other, were the arrantest Rogues and Villaines that ever the earth bare: That their designe was worse then the Gunpowder treason: That they would have destroyed the Magistracy and the Ministry, the Law and the Go [...] &c. That it were well if one of ten of them were hanged up, and then there would be happy dayes: might not inquiry be made, what is the matter of this their so great rage and displeasure; who hath hurt them or done them wrong? no que­stion, but they would say: Oh they would have destroyed all the Ministers, good aswell as bad, and overthrown the Gospel; for so they frequently say: heynous crimes indeed: but how doth it appeare? onely thus: they were against those grievances of the [Page 24] Law, and Tithes, and would have had those taken away; and they would not concur with the Report of the Committee in order to the setling of Tithes, that being in the bottome of the Report; so as by these mens Logick and conclusion, those two great grievances of the Law and Tithes, (which these so reproched laboured to have ta­ken away) are the Magistracy and Ministry; the corrupt Law, or corruption of the Law, are the Magistracy; and Tithes they are the Ministry: yea more, the Gospel also; but alas, Magistracy can stand without such horrible corruptions of Law, and the Ministry with­out Tithes, as it is in other Countries where there is neither of them. But the belly hath no ears, and therefore no more shall be sayd.

The afore mentioned Vote passing as it did, those Gentlemen that missed of their expectations, and were crossed of having their wils, greatly fearing, as it seemeth, it would goe ill with those cor­rupt interests of the Lawyers and Clergy, which they indeavoured to support: they took the Pet and were exceeding wroth divers of them, and that afternoone and the next day (being the Lords day, a day fittter for better imployment) they tooke Counsell with and among themselves, holding Cabals, and there consulting the over­throw and dissolution of the House, which was as they had decla­red to all the world the supreame Authority or Magistracy, the Par­liament of the Common-wealth of England: is it not much that Gentlemen pretending so high to wisdom and godliness, for missing the having their wills in a Vote carried in the Negative should bee induced thereby presently to take on such desperate Counsels and resolves, and to draw others into them ignorantly, forgetting as it seemeth what they had solemly declared before God and all the world; to wit, that the House was the Supreame Authority of the Common-wealth of England, which Common-wealth God had highly honoured, and made famous throughout the world; forget­ting also their severity against malapart word [...] [...]en in a Petition, because it was the supreame Authority: What might such Coun­sels, Resolves and Actings merit by their owne Law? had they no charity in them towards their fellows, because crossed in that poore Vote? had they lost or laid aside the feare of God, that they could thus venture to overthrow Magistracy even the greatest in the Com­mon-wealth, the Parliament and supream Authority, to the indan­gering the whole Cause? The Members that they were so angry [Page 25] with, and have so reproached as being against Magistracy and Mi­nistry, because that poore negative Vote was carried against their wills may say to them as Jehu said to the Rulers of Samaria, 2 King. 109 ye be righteous: Indeed they voted in the affirmative in those former Votes, and in the negative in these last Votes concerning Triers: but who consulted and put in practise the overthrow and dissolution of the Parliament, and Supreame Authority of the Com­mon-wealth of England? having slept upon their Counsels, they are of the same minde still, and address themselves to put it in execu­tion, rising early and comming betime to put in practise their de­signe, which was to dissolve and put to an end the Parliament of the Common-wealth of England in their own esteem: and being come, they feared not to begin with prayer to God the searcher of hearts, and then proceed to declare their purpose and the reasons of it, lay­ing load upon their fellows in way of blame, that were lesse guilty of evill then themselves, uttering words that could not but astonish any good soule of a dying Parliament; charging their fellowes that were for the removing of the great grievances of the Law and Tithes, that they followed their owne wills; nay, their own lusts, words not fit to be spoken in a free Counsell, and that might have been more truly said of themselves: when those of the other side that knew nothing of their designe offered to speake, telling them it was no time to debate; only one good Patriot of those that were zealous for the remove of those afore mentioned great grievances, stood up and got audience, speaking against what they had moved, intimating the good Bils that were in readiness to be brought in for the Peoples good; and protesting before God, Angels and Men, against what they had moved; and others of the same party stand­ing ready to do the like, who called to the Speaker to be heard those Gentlemen without hearing their fellows, or admitting the de­bate, or putting the question, rose up out of their places to be gone, and others in simplicity followed, as once many did after Absolom, 2 Sam. 15.11. not knowing any thing at all, but how they per­formed their Trust the world may judge.

The Speaker forgetting the duty of his place, though hee was earnestly called unto to keep the Chayr, hee left it, and the Serjeant as if he had been of Counsell, took up the Mace, and carried it be­fore him, though he was spoken unto to the contrary, as in like ma­ner [Page 26] did the chiefe Clerk: and thus in an irruptions way going out of the House without any Adjournment or Vote, left sitting thirty four or thirty five Members in the House; whether those that so went away were a greater or a lesser number, as is more likely, but is hard to be determined, though it be thought by some, there were not seventy so early in the House. Those that went out of the house going toward White-hall, met some comming to the House, who seeing them goe in that maner, thought they had Adjourned thi­ther, and so went along with them; others they sent for up and down where they could finde them, to come to them to the Horse Chamber, where they were: Those in the House immediatly be­took themselves to consider what they had to doe, being so desert­ed of their Fellowes: and telling over their number, they found themselves but thirty four, or thirty five, which could not make a House, forty being the least number that might act in a Parliamen­tary way. And as they were going to consider among themselves, a Colonell and Lievetenant Colonell of the Army, entred the House, and desired them to depart: the Members desired them to with­draw, for that they as Members of Parliament, had warrant to bee there, and if they had warrant to put them out, they wished them to shew it; but not many words passed, but they went backe and opened the doors, and brought in the souldiers with their Muskets, and so then the Gentlemen rose and went out; which was done before the other were halfe way at White-hall: and some so put out of the House, went after to White-hall to see what they were there doing, and found them in the Horse Chamber, preparing a writing of surrender of their power back into his hands, from whom they had received it. If they had been his Counsell, and not Legislators, or a Parliament, much might have been in it; it was three or fowre lines written in fowr or six severall papers, that so the Gentlemen might the more easily read and see what it was, which then the Clerk ingrossed in Parchment, and then they signed it, by subscri­bing their names so many as would. First the Speaker, and then o­ther according to their quality. It may bee wondered at, that so great a power should be passed by so low and little an Instrument. Some Gentlemen went three or fowre dayes after, and set their hands to it: they that subscribed it, did it on severall grounds and reasons: some did it knowingly to dissolve the House, before dissol­ved [Page 27] by the Souldiers, and their disorderly going away, which they had plotted and resolved before: some because some eminent per­sons of their party did it before them, expecting by that meanes to have been rid of some of the other party at the least, and they to have been continued in power without them, wherein they were deceived, and not a little vexed: some therein looked no further then at their owne quiet, and to bee rid of a troublesome imploy­ment: some that they might not be thought lovers of power and dignity; and some out of weakness, and feare of the loss of some worldly injoyment, which they have sufficiently repented and been sorry for since.

But how weak an Act, and contrary to their trust it was for those that professed themselves to be Legislators, had made Lawes and levied mony by way of Tax upon the people as the Parliament and Supream Authority of the Common-wealth of England, as cloathed with their power, so easily, and without their knowledge or con­sent whom they pretended to represent in Parliament, to give up, or give away their power which was none of theirs to give, but at the most to use for their good; to doe it without debate or conside­ration, in so weighty a case; to do it when the Parliament was dis­solved by themselves and the Souldiers, and they but in the capacity of singular persons; to give it up, as much as in them lay, into the hands of one single person, and that against a standing Law then in being, not repealed: was it not in effect to render all the people of England slavs: as would easily be granted by their own party, if they had so delivered to Charles Stuart: were ever men so weake, rash, and inconsiderate, so out-witted, or carried away with passion and spleen against their fellowes, because they indeavoured to remove those grievances of Tithes and the Law which the people of this Nation groan exceedingly under? But might not the validity of this act of theirs be queried? if a Jury should give up their Verdict so, or deliver over their trust to others, would it be counted valid? but so it was, and so they did: and so an end of that Parliament that sate five months and three dayes as the supream Power of the Com­mon-wealth of England, whom God preserve.

And so an end of this Relation and Discourse, with the calling to minde the saying of the Psalmist, 11. Psal. 4.7. If the Founda­tions be destroyed, what can the Righteous doe? The righteous Lord loveth righteousness, his countenance doth behold the Ʋpright.