Wednesday, May 27, 1657.
The House, according to former Order, resumed the debate,
adjourned yesterday, upon his Highness's speech.
Mr. Lechmere was moving, when I came in, that the Petition and Advice may be printed and published, that the
people may know how they shall be governed.
Mr. Pedley. I move not to publish it till you have perfected the additional Resolves; because some of them are
explanatory, some restrictive, of the several articles of the
Government; and I would have all printed and published
Mr. Bedford. I move, that the Resolves may be read, to
the end you may know what you have to do else; and then
you may resolve to publish them together, or apart.
They were read, till the titles of the Ordinances confirmed
came to be enumerated.
Major-Generals Goff, Whalley, and Kelsey. It is not
needful to read all the titles over, but only such as are fundamental to the Government; but it is not fit to publish it
till the explanatory votes are finished.
Mr. Godfrey. Read them all over, that you may know
what to refer, and what not.
Mr. Pedley moved, only to go on with the Bills that concern monies, and refer the rest to the Committee in gross.
Major-General Goff moved, to skip over the enumeration of
the Acts and Ordinances, and read on, the rest of the Resolves.
Colonel Shapcott. Refer the particulars, as that of the Penalties, to a Committee. As for the Acts and Ordinances, if
you intend to revise them, so as to put them into several
Bills, it will be at least two years' time.
Mr. Bampfield. I move, that all may be read, to the end
that we may know what we have done. It is slipped out of
some of our memories. I move, to put a fair question; not
upon reading the titles only, but upon all the Resolves.
This was put to the question.
Mr. Speaker declared for the Yeas.
Mr. Berkeley for the Noes. But the House being informed
that some were withdrawn before exceptions were taken, and
the exceptor standing up, and saying he was satisfied, it was
waived; and the several titles and the Resolves were all read.
Mr. Bond moved, that the Petition and Advice be printed
Sir William Strickland. Rest is the end of settlement;
peace the end of war. Now we are come to settlement, after
all our fluctuation; let us improve it, so as the people may
know it. Therefore I would have it printed and published.
Colonel White. I move to have the distribution of members, and that about tryers putting out, to be cared for before
you make the rest public.
Mr. Lechmere. I move that you would tread in the steps
of your ancestors; and since this is a law which binds all the
nation now, let it be published, and not stay for the rest;
which I hope will be done this Parliament, and that speedily.
This is to us now as a Magna Charta.
Colonel Philip Jones. I move to print the Resolves also,
as well as the Petition and Advice. I think it may be as safe
not to print the Petition and Advice for a time, as not print
the Resolves with it.
Lord Fleetwood. It will not be for the honour of the
House to print the one and not the other. I therefore move,
that both may be printed.
Lord Strickland. This is the first time that ever I knew
a Parliament print their Resolves. I would not have the
Petition and Advice printed without the other being perfect.
Colonel Jones. The nation will think it strange that you
should print and publish a law, and then presently after, publish what is quite contrary to some part of it.
Mr. Fowell, I move, that it may not only be printed but
published. If it had been King, (fn. 1) it would have been published.
Colonel Holland. It is no new thing for a Parliament to
print their Resolves: The Long Parliament did it in matters
of the highest nature; as that which declared it treason for
the King to set up his standard.
Mr. Speaker. The Petition of Right (fn. 2) was published one
time, and the Articulus super Chartas presently after.
Mr. Bampfield. Men are at a great stand how to act,
knowing how many material alterations are in the Government. Therefore I would, for public satisfaction, have it published. It will save the nation a labour of writing it over;
for every man will have a copy that looks after these things.
Mr. Godfrey. I move that it be one entire question as to
the printing both the Petition and Advice, and the Resolves,
for they mainly depend upon one another.
Mr. Speaker. From information of the Clerk, the Resolves are not yet fit to be printed till they be amended.
Colonel Sydenham. It is fit they should both be printed,
otherwise they will not be sense. Some things in the Petition you have quite altered, as that of the tryers, and the
business of monies not to be levied but by consent of Parliament. This will render you very uncertain in your resolution, if, a month hence, you publish what is quite contrary.
Something in the 15th article is scarcely sense; that about
laws being of force whether under the title of King or Protector; (fn. 3) for in the beginning you say the title of Protector
shall be the title. I would have the Resolves made laws before they are printed.
Colonel Briscoe. I move that the Resolves be made into a
law, and then both printed together; as well the amendments
in the Petition and Advice as the Resolves, all printed together.
Resolved, that a Committee be appointed to put these Resolves into a bill or bills.
Mr. Godfrey moved, upon the 6th article, that provision
may be made for the continuance of Parliament. The article (fn. 4) says, that they shall be according to " the laws and
statutes of the land." There are none now in force but the
Triennial Bill, which gives only fifty days, and surely you
will not leave yourselves worse than before. I move that
triennial Parliaments may continue for six months, and other
Parliaments for three months.
Mr. Lechmere. I second that motion, and also that you
would care for the distribution of your members; for there
is no provision for Scotland nor Ireland at all, and the members for England are very unequally distributed.
Sir William Strickland. I second that motion to set down
a time for Parliaments to sit. That was the great slavery
that the nation was under; that for an impeachment against
any great person, or other matter, a Parliament should be
Colonel Briscoe and Mr. Godfrey. Conclude about the
time of continuance, and for the other, do as you shall think
Colonel Philip Jones. Consider how consistent that would
be with what you have already passed. I would have the
article read, and refer it to the Committee to suit it.
Colonel Sydenham. I would not leave a matter of that
fundamental weight, as the distribution of members, to a
Committee, without some directions. I would not prescribe
the Instrument of Government to be your direction, yet they
might have an eye to it.
Sir Lislebone Long. This is a business, indeed, of great
weight. It is true, the Instrument of Government has provided for the distribution of members, better than before.
I would have a day appointed fully to debate it, before
you refer it to a Committee. Besides, that provision about
choosing members is very uncertain. Though you say
now but such shall choose as have 200l., (fn. 5) yet there is no
way to try that, and many strange elections have happened
Mr. Bond. I move, that you would take it up either in a
Grand Committee or in the House; but not so hastily as tomorrow.
It was resolved to be taken up in the House on this day
Lord Chief-Justice Glynn. I move, that for a week or a
fortnight's time you would go on only with the business of
monies, and nothing to intervene.
Major-General Skippon. I move that you would also take
care about the arrears in the hands of the trustees of Drury
House. There will be, as I have heard, about 80,000l. discovered.
Lord Whitlock. There is a Bill for the Postage, and for
Probate of Wills, which will raise you a good revenue. I
would have that also dispatched amongst the Bills for
Mr. Bond. I move, that the Bills for Assessments, and
Excise, and Customs, those three might be dispatched first,
and let not the Recusants, or any other Bill, thrust them
Mr. Bedford. The Bill for Recusants was appointed for
to-morrow. I desire that you would not put that off.
Dr. Clarges. I move that you let the report for Recusants
go on. It will raise you a considerable sum.
Sir Christopher Pack. Explain what you mean by assessments. Whether you mean only that for three months, or
for the 600,000l. per annum besides.
Colonel White. I move that it be referred to your Committee, to prepare an oath for his Highness to take, according
to a clause in your Government, or else leave out the clause.
And also that an oath be prepared for all members of Parliament, and all officers of trust to take.
Lord Strickland. I move that you first, as you first were
moved, go on with the most material; that is, matter of
Mr. Speaker. You should methodize your proceedings,
and consider whether you will not take the Recusants' business first. Some cried, Yea, Yea.
Lord Chief-Justice Glynn. The Recusants' business may
be best put off. Rather proceed upon the assessments and
Mr. Godfrey. The business of Recusants may best be
postponed. It will rather take monies, than yield you any;
especially if you go by way of the oath of abjuration. You
will but leave a door for them to creep out at.
Colonel Sydenham. There is something in the Petition
and Advice, which needs not only some explanation, but an
expunging. You say, that in the 15th article all Acts shall
be valid under what title soever they pass, either as Protector
or King, and surely you will not make laws in both names,
and leave the nation at a loss which you do adhere to.
Mr. Downing. The alteration of the title was only in
compliance with his Highness's conscience. I would have it
stand as it does. It may be that his conscience may receive
Lord Chief-Justice Glynn. The first that was moved, was
about an oath. I desire that that may be first determined
before any new motion be received.
Captain Hatsel. The usual way to thrust out one motion
is to make another. I desire that that part of the adjustment
may be explained. You will not surely make laws under two
titles. Let the nation be satisfied that you are agreed in the
alteration; and not continue it under that uncertainty, which
will not be ingenuous.
Major-General Jephson. There are some so out of love
with those four letters, that we must, I think, have an Act to
expunge them out of the alphabet, and that is my humble
motion. (fn. 6)
Thus one motion jostled out another, and nothing was concluded, more than was before agreed, as see the. Journals. (fn. 7)
In the Queen's Court sat the Committee, Temple against
the Earl of Strafford, Major Aston in the chair. Mr. Finch
of council for Lord Strafford, and Mr. Green for Temple.
Answer only put in, and adjourned till this day se'nnight.