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 baffled in that: But, if we give the single person a negative voice, and the dispose of the militia, we give up the very heart and substance of our cause. Therefore, part not 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; I 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,

THO

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 prac tice 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.
Baron Nichols.

}

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.

1

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-,

ment-men that were not liberally provided for before 1653. Yet we conceive that Sir Arthur Hasilrig remembered himself pretty well before that time; however, if the parliament adjudged 30000l. per annum not sufficient for him, let him have more.

This report was taken into consideration accordingly, being of great import.

Thereupon the house resolved into a grand committee, to debate the proportioning of the said lands, to the particular members, according to their wants.

Lenthall. Gentlemen, Can you think that I, that I your Speaker, your everlasting Speaker, who am resolved to live and die with you at 51. per diem, can live to maintain myself and family at that great rate I now live at, and support the grandeur that should attend the Speaker to so noble persons with 130001. per annum, and not above 800001. in personal estate?

Skippon. I have enough of 10001. per annum, and desire no more to live as well as Mr. Speaker.

Hasilrig. You say well, but 1000001. per annum is better; and upon my credit I want Daniel Collingwood's estate to make me up 300001. per annum; I pray consider it.

Scot. Gentlemen, My father-in-law, Plush-Bacon, is dead, and hath cheated me of 50001. besides, it will take 100001. per annum to make me honest.

Martin. If I have not enough to pay my debts at present, and to maintain as many whores as the Earl of Middlesex, Lord Monson (my fellow-boarder in Southwark) or the late Earl of Warwick; I'll leave the house, and go to prison again: What! do you think I'll help to cheat the people for nothing?

Vane. Come, Gentlemen, if you will be a little religious, you may make shift with 150001. per annum as I do.

Darly. My eldest son wishes me hanged that I served so long in this trade, and am like to leave him no better estate. Pray think on it. St. John. I have built me a little house lately, and want some ground to lay to it. If you'll grant me a forest, I'll remove my house thither, for the law is as clear as it was in the Earl of Strafford's case: That I may remove it by habeas corpus.

Weavour. Come, Gentlemen, you are a little too busy; take heed the army prevent not the design; I am a good willer to the mathematicks myself; but let's make them sure, for upon my credit Lambert is no fool: Thereupon the house adjourned till June the first.

From June the 1st to the 4th.-This day the house took into consideration that seasonable motion of Mr. Weavour, and have ordered as follows:

Ordered, that the army-officers be fooled out of their old commissions, by vertue of which they were our masters; and that they take new ones from us, by vertue of which we are their masters.

Ordered likewise, that we juggle with some of the stoutest and soberest colonels in the army, to go snips with us underhand, that they may curb the rest, and keep them in awe.