RICHARD CROMWELL.

January 27. (Thursday.) The Parliament meets at West- 1659. minster. After a Sermon at the Abbey, His Highness goes to A. R. the Lords' House, where are a few Members of the Commons. Car. II. About 150 Members, sitting in their House while His Highness was speaking, do not attend, on Summons from Black Rod.

Commissioners are appointed to administer the Oath, &c. Chaloner Chute, Esq. is elected Speaker, and the Mace is placed before him.

Resolved. J. Smythe, Esq. to be Clerk of Parliament, Ralph Darnall, Esq., Clerk Assistant, Edward Birkhead, Esq., Serjeantat-Arms.

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Jan. 31. The House is called, and Report made on Elections. A. R. Ordered, A Writ for the Town of Seaford, a Member of the Cinque Ports, which had sent two Barons to the Parliament, 3 Nov., 1640, but is not mentioned in the present Returns.

Feb. 5. Resolved, The Serjeant-at-Arms do take William King, and that he be committed to Newgate, for his offence and misdemeanours, in his wilful, insolent and bold intruding himself into this House, several days, to hear the debates, being no Member of this House.

Feb. 7. An Act of Recognition of His Highness's Right and Title is read a second time.

Sir Arthur Haselrigge speaks from 9 till 12 o'clock on the Government of England, and on the Proceedings of late Parliaments. "We are here, (he says of the present Parliament,) the freest and clearest and most undoubted Representatives that ever were since the Desolation of the Three Estates-King, Lords and Commons." (p)

Feb. 10. On the Question of the Commitment of a Bill, Sir Henry Vane observes, "It is long since any Bill passed regularly. At the first Reading no man can speak for a Bill, but against it he may. At the Second Reading he may speak, for or against any part of it. The natural Orders will preserve you from Rocks. In times when we had Kings, the House was surprised by previous votes, our Ancestors foresaw the necessity of committing a Bill."

Feb. 12. Resolved, that Mr. E. Jones, returned to serve as a Member for the County of Brecon, in this Parliament, be, for his Delinquency (as a Cavalier) expelled this House, and for ever disabled from sitting in any other Parliament.

Resolved. Mr. Robert Villiers, returned by the name of

(p) The same subject is handled with much skill and under various views in the Debate which continued during this and the following days. The Long Parliament is treated, even by the Republican Speakers, somewhat unceremoniously. Mr. Skipwith desires it may be examined by what authority the ancient Constitution was taken away by a "hand full of the House of Commons."

Mr Neville says "The Long Parliament was an Oligarchy, detested by all men that love a Commonwealth," &c.

"How like the sea, (says Whitlock in his Memorials, p. 320,) the People of the world are, still ebbing and flowing, always in an uncertain motion, and constant in nothing but inconstancy."

1659. A. R.

Car. II. 11

Danvers, for the Borough of Westbury, be, for his Delinquency, expelled, &c., and new Writs issued. (q)

Feb. 14. Resolved, that it be part of the Bill, to recognise and declare His Highness, Richard, to be the Lord Protector and Chief Magistrate of England, Scotland and Ireland, &c. &c.

Feb. 15. On the Question of the Reception of a Petition, Mr. Swinfen says, "I would have this caution, that the coming in the name of boundless Liberty, may not destroy Liberty. That unlimited Liberty has been the source of all Mischief. There is as much Tyranny in Liberty as otherwise. I would not stir up that Liberty that leaves you no Liberty here."

Feb. 19. Resolved. It shall be part of this Bill to declare the Parliament to consist of two Houses.

Feb. 28. A Committee is named to peruse the Journal Books of this House, on every Saturday, or oftener.

A Debate takes place touching the Bound and Powers of the other House. (r)

March 7. Resolved, by 173 against 142, That Old Malton has a Joint Right with New Malton, to elect Burgesses.

March 9. Sir Lislebone Long is chosen Speaker, pro tempore, on the indisposition of Mr. Speaker.

A Debate commences touching the right of sitting of the Scotch and Irish Members.

Sir H. Vane. A greater Imposition never was by a Single Person upon a Parliament, to put Sixty votes upon you. By this means, it shall be brought upon you insensibly to vote by Scotch and Irish Members, who will enforce all your votes hereafter.

Mr. Knightley. The Union with Ireland must be preserved. THIS HAS BEEN ONE OCCASION OF THE GREAT TUMULTS IN IRELAND THAT WE HAVE NOT TILL NOW TAKEN THEM INTO OUR LEGISLATURE.

Mr. Hewley. We are now all one body: Irish are natives here, and have all one Soul. It is not prudent or safe to TURN THEM OUT OF THE HOUSE.

March 16. Mr. Bampfield is elected Speaker, Sir Lislebone Long being indisposed.

The Debate on the Scotch and Irish Members is continued. Mr. Solicitor General. To GROUND OUGHT UPON WHAT THE LONG PARLIAMENT DID, NONE WILL NOW INSIST AS ANY FOUNDATION. By the Act of Union, thirty for Scotland are to come and sit in every successive Parliament. The Act of Union is confirmed for Scotland. Had you ever peace with Wales till you were incorporated. I wish Scotland may have benefit by this Union.

Sir Arthur Haselrigge. The Instrument turned over the fundamental Laws of sitting in this House, and brought in two Nations to sit here that never sat before. This Instrument came not in by Lords and Commons. It came in, nobody can tell how, and how it went out, no man knows, whether out of window or door. (s)

(q) It is said of Mr. Danvers, "that he came a month before the Election to the Place, and made the Electors drunk every day with Sack. It cost him, they say, £100 to be chosen."

(7) See in the Debates of Feb. 19 and 28, and March 1, much on the Constitution by King, Lords, and Commons. It is said, "The Government hath been interrupted de facto and put out of practice, but the Right cannot be taken away. The People of England have a Right to the Single Person and two Houses of Parliament."

(s) Sir Arthur Haselrigge had the rare merit of being consistent. He was one of the excluded Members in the Third Parliament, and his name, with that of Thomas Scott, is the first in the List of 93 Remonstrants, Sept. 19, 1656. Jan. 25, 1658, being chosen by

I hope all foundations of that kind will perish like the Gourd. 1659. The Act confirms 112 Acts and Ordinances of that Council, and A. R. nought at all read but the Titles. The Act was never so much Car. II. as read. The Petition and Advice is, it seems, our Magna Charta. The Intention of this Petition and Advice was set above all the Laws of the Nation.

Resolved. The Petition for Reading to be dismissed. It lay between the Mayor and Aldermen on one party, and the Comimonalty on the other. Records from Edw. I., never questioned till 1640, were for the Commonalty.

March 21. The Debate is resumed on the Scotch and Irish Members.

Mr. Annesley. "This House has all along dispensed with Acts of Parliament; as in case of non-residency. If the Union were not for the Interest of England, I should be the first to withdraw."

Mr. Boscawen. "The Union was made but by the fag end of the Long Parliament. Scotland will not think themselves obliged to keep that Union, longer than till they can break it."

Colonel West. "As not one native may be here, then Sixty, (30 for Ireland and 30 for Scotland) are the Quorum; and it may happen that it will be in their power to impose Laws upon us."

Resolved. That the Members returned to serve for Scotland, shall continue to sit as Members during this present Parliament. March 22. Reports are made on Elections, and a Special Report on Colchester.

Debate is resumed on the Irish Members.

Sir Henry Vane. "Ireland is but a Province. They had Power there to have a Parliament, and the Royal Assent came from hence. They are still in the State of a Province, and you MAKE THEM A POWER, not only to make Laws for themselves, but for this nation; nay, to have a Casting Vote, for aught I know, in all your Laws. It changes the very Constitution of a Parliament of England. How can you then carry on affairs? There will still be a Worm at the Root." (t)

March 23. The Debate on Ireland is resumed.

Major Ashton. "I am a Member for Ireland. The Members that come in for that place serve no more for Ireland than for England. Ireland was anciently a Province. Henry II. went thither, and they made a Resignation of their Power to him, by Confirmation of the Pope. He granted it to his Son, John, but SO UT NON SEPARETUR AB ANGLIA.' King John went into Ireland, and ordained by Act of Parliament, that Ireland should be governed by all the Laws of England.

"10 Hen. VII. came in the Statute of Poynings, which made the Statute Laws also the same in Ireland, only they had Purliaments, as being most fit for that Nation.

the People to sit in one Assembly, and by Cromwell to sit in another, he in preference' took his Place in the Commons' House. He gives, however, the following reason for his preference (Feb. 2-58) "I will not take the Bishops scat, because, I know not how long after, I shall keep the Bishops' Lands. For no King, no Bishop; no Bishop, no King: we know the Rule. I do not aspire to be higher than a Commoner of England." On the 7th Feb. 1659, he enters into a long detail on the History of past Governments, and spake severely of the "Instrument of Government, contrived to serve the Protec

tor's turn."

(f) In allusion to these Debates, Secretary Thurloe to H. Cromwell, says, March 22' 1659, "it is a miracle of Mercy that we are yet in Peace, considering what the Debates are, and what underhand working there is to disaffect the Officers of the Army." State Papers VII. 636.

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1659.

A. R.

Car. II. 11

"In a Parliament held that year at Drogheda, it is Enacted' that all Statutes made in England, &c., from henceforth be deemed effectual in Law, and be accepted, used and executed, within this land of Ireland, in all points.

"I think it best that they should have Parliaments of their own, for the very reason, THAT VOTES MAY NOT BE IMPOSED

UPON YOU HERE.

"When the War broke out, (17 Car.) England had great care not to lose Ireland, and once had gained it almost all, till Ormond's and Inchiquin's Revolt. In 1653, you had a total recovery of that nation. The first Tax that was laid upon them was by the Parliament, 1653, to encourage your Plantations, &c. Then comes the Parliament 1656, and attaints all the Rebels. Till then, there was no Power to dispose of their Estates. All was brought in to his Highness; £9,000 per mensem, imposed on them to this day. Now, if the Long Parliament, and all Powers since, have the care of us hitherto, how come we now to be shaken off? Will you lay a Tax upon us, and we have no Representatives? If the Petition and Advice be a Law to impose Taxes on us, surely it is, as to our right of sitting here. You will either refund our Money, and give us a Parliament of our own, or else allow us our possessory Right. We are not here as Trespassers, but in obedience to your Service."

Mr. Gewen. It were better for England and Ireland, that they had Parliaments of their own.

Mr. Thomas. How does it consist with our Privilege to admit Strangers?

Mr. Annesley. England is in no danger of 30 Members from Ireland, but if 30 from Scotland should join them, much mischief might ensue.

March 24. On a Report from the Committee of Privileges, it is said-"Before the Statute 5 Henry V., the Sheriffs always took Bail of Members to appear. It was so troublesome to sit in Parliament, and the Boroughs not able to pay wages, therefore they got Strangers chosen that were able to bear their own charges. It is an adjudged case, that the Law touching Residency and Freeman, is an obsolete Law. If admitted for Law, many must go out."

Resolved, that the Members returned to serve for Ireland shall continue to sit in this present Parliament.

March 28. Resolved, (198 against 125), That this House will transact with the Persons sitting in the other House, as an House of Parliament, during this present Parliament, and that it is not hereby intended to exclude such Peers as have been faithful to the Parliament from their Privilege of being duly summoned to serve as Members of that House. (u)

April 6. Resolved. In all Messages unto, and at a Conference with the other House, the like respect is to be observed by the Members of this House and no other, than is observed by the Persons sitting in the other House.

April 8. Resolved. Messages from this to the other House to be carried by Members of this House, and Messages from the other House not to be received, unless brought by Members of their own number.

(u) Divisions in February were 173-155; 145-112; 191-168; 209-153; 223-134; 202-110; 217-86; 119-177; 176-98; 177-113. In March 173-142; 188-185; 195-188; 184-203; 160-148; 187-160; 158-115; 211-120; 150-95; 119-113; 156-106; 183-146; 169-89; 198-125.

529

April 13.

Resolved. Orders and Resolutions of this House 1659.

not to be printed without Special Leave.

A. R.

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April 14. Resolved. The Persons delivering a Message to the Car.11. Persons in the other House to return without staying for an answer. April 15. Mr. Bampfield is chosen Speaker, on the death of Mr. Chaloner Chute. (v)

April 18. A Debate occurs on the Army.

Lord Falkland. "You have been a long time talking of the Three Estates. There is a Fourth, which if not well looked to, will turn us all out of Doors. They have not only made Resolutions, but have had the impudence to print them. I am against their meetings and would have them suppressed."

Mr. Swinfen. "This is a Council directly contrary from a Council of War. It is not known to the Laws of War, nor to the Laws of the Nation. The danger is a great deal. It fills the People with fear. People talk what will become of the Parliament. It weakens the reputation of the Parliament. After the meeting of the Officers, may be that of the Soldiers." Mr. Hungerford. "You ought not to suffer any without doors to descant upon your Resolutions."

Mr. Scot. "It can never be policy to distrust those you are obliged to trust. A Declaration was passed to make the Army Traitors. Some few of us were against it and moved how will you bring them to justice unless you raise another Army? You were fain to eat that vote next day."

upon

Colonel Terrill. "I have looked all transactions since 48, as upon a Military Power. I am as much against the imposing upon you as any man; but I fear the like consequences as former votes of this kind have had. What power have we to enforce

our votes ?"

Lord Falkland. "The Army hath done well it is true; but we cannot but remember they have done ill; pulled us twice out by the ears."

Resolved. During the sitting of Parliament, there shall be no general Council or Meeting of the Officers of the Army, without the direction and authority of the Lord Protector, and both Houses of Parliament.

April 22. Resolved. None of the Members to depart out of the House, and all Strangers to depart.

This Day, The Parliament is Dissolved by Proclamation. (w)

(v) On the 16th April a Report is made of the Finances as follows.

s. d.
£
Annual Income of England, Scotland, and Ireland...... 1,868,717 9 0
2,801,540 15 4
Annual Expences
80,623 6 4

Debts owing to Commonwealth

358,938 10 11

"All that can now be recovered, (says the
Here Mr. Burton's MS. finally closes.
Editor,) respecting the Proceedings on the last day of this Parliament, I subjoin from
the Journals."

With the true spirit of Prophecy, Lord Lambert, on this day, exclaimed, "This
House is a Fluid Body that is gone!"

(w) From this moinent, Richard Cromwell was no longer considered as Protector, and May 25, acquiesces in the new arrangement by which the Republican government was restored. In consequence of the Letters sent, about 50 Members of the Long Parliament (1648-1653)returned with their Speaker, Lenthall, and resumed their seats in the Chapel of St. Stephen. The whole number, finally, amounted to nearly 100. This Parliament bore the name of" The Rump.'

The Commons Journals have no Proceedings between April 22 and May 7.