Council dare not break. limited or restrained, let the choice be of one never so wicked or unfit, or even of Charles Stuart himself. But the Parliament cannot be Notwithstanding all these arguments, which seemed to prefer the election by the Council before that of the Parliament, it was by many concluded, especially those who were for the hereditary way, that even this way, which was conceived the best that could be contrived, was yet but ex malis minimum, of evils, to take that which seemed to have least evil in it. But the reasons for the Parliament, especially sitting the Parliament, did preponderate, and it was so voted accordingly. Tuesday 24. The rest of the thirty-second article, concerning the manner of election and the qualifications, were referred to a Committee. The thirty-third article being formerly resolved, the thirty-fourth was debated,* and agreed, as it is in the article. Accordingly, the Lord Deputy of Ireland, the Commissioners of the Seal, the Commissioners of the Treasury, and the Chief Justices, (being formerly nominated by the Lord Protector,) were this day approved in Parliament.† Wednesday 25. Mr. Speaker kept the chair. It being formerly resolved that every Wednesday in the week the Speaker should keep the chair, to hear reports from Committees, and other business that should concern the public. Accordingly, this day, the Reporter, Mr. Yorke, the Chairman of the Committee to whom the proceedings and powers of the Judges at Salter's Hall were referred,§ did make report of several exorbitant and arbitrary powers that they "A Letter from his Highness, the Lord Protector, to Mr. Speaker, dated Oct. 5, 1654, and read that day, touching the approving of the Deputy of Ireland, Commissioners of the Great Seal, Commissioners of the Treasury, and the Chief Justices of both the benches, was now again read." Journals. + See Ibid. "They are judges in their own cases; for the more of the prisoner's estate they judge to be sold, the more comes to themselves: which is a temptation, and makes them judges as well as parties." Journals. § Supra, p. xxxix. find in the Act and Ordinances for relief of creditors and poor prisoners.* After a whole day's debate, it was at length resolved to be suspended, and a new Bill to be brought in with all speed, to afford just relief in the same cases.† Thursday 26. The thirty-fifth Article of the government was taken into debate and voted, that the true Christian Religion contained in the Scripture, be held forth and recommended as the public profession of these nations, and that the present maintenance of ministers shall not be taken away nor impeached, until some provision, less subject to scruple and contention, be made for them. Friday 27, Saturday 28. Wholly spent upon the debate of the thirty-sixth Article.§ The House being much divided, nothing was, either day, resolved, but adjourned over until Monday next. Monday 30. The matter of the thirty-sixth, thirty-seventh, and thirty-eighth articles, concerning indemnity to all that cannot subscribe to the public profession, and toleration to tender consciences, was again in debate. Nothing being concluded upon, at length, after a whole day's debate, it was referred to a sub-committee to draw up a question upon all the three articles, and to present it to the House upon Wednesday next for their debate.¶ * Corrected from the Journals. "Yeas, 115. Mr. Cromwell and Colonel Jephson, Tellers. Noes, 80. Sir Charles Wolseley and Colonel Clark, Tellers." Journals. Not in the Journals. See Ordinances (1654), p. 42; Parl. Hist. xx. 261. "That to the public profession held forth, none shall be compelled by penalties or otherwise, but that endeavours be used to win them by sound doctrine, and the example of a good conversation." Ordinances, (1654) p. 43; Parl. Hist. xx. 261. Of which there is no notice in the Journals, except Oct. 31. "Ordered that the Sub-Committee for Religion, have liberty to sit this afternoon notwithstanding the Grand Committee for Trade do sit." ¶"October 30. The new Lord Mayor, Alderman Packe, took his oath before the Barons of the Exchequer." Whitlock, p. 589. See infra, p. 378. Tuesday 31. Several petitions were presented to the House.* Wednesday, November 1. The sub-Committee, to whom the three articles were referred, brought in a question. Being a long time debated upon, it was generally apprehended more difficult than any thing that had been formerly propounded. Finding an unlikelihood of drawing to any good agreement about it, it was resolved to appoint a Sub-Committee of ten to attend upon the Lord Protector, and to advise with him about some probable means of reconcilement. Which was done accordingly.† "Westminster, October 26, 27, 28, 30, 1654. The Parliament sat each day in a Grand Committee, upon that part of the government, which relates to religion, and went through the 14 Articles of Faith, published by the late Assembly of Divines. This last day, Alderman Pack [See infra, p. 378,] was sworn Lord Mayor in the Exchequer, and the day was observed in London with usual solemnities." See "The Observator, with a Summary of Intelligence," (1654) p. 16. * One from "Sir William Killegrew and others, the participants, adventurers, and purchasers, with Robert, Earl of Lindsey, deceased, in his draining the fens in Lincolnshire, lying between Bourne, Boston, and Lincoln, and up to Trent River." Journals. "Resolved, that it be referred to a Committee to bring in a Bill for the further confirmation of those votes of Parliament, for taking away the Court of Wards." Ibid. "Oct. 31. Voted by the Parliament, that any natives of the Commonwealth may transport wheat, when the price shall not exceed 36s. the quarter, paying 4d. the quarter, custom: and rye, when it exceeds not 248. paying 3d. custom: and barley or malt, when it exceeds not 208. paying 2d. custom and pease, not being above 24s. paying 3d. custom and beans, not being above 248. paying 3d. custom. : "The corn to be transported in vessels of this Commonwealth. "Butter to be transported, when it is not above 6d. the pound. A Bill to be brought in for this purpose." Whitlock, p. 589. See Journals. On the transportation of butter the House was divided. The Yeas went forth. Yeas, 92. Lord Broghill and Mr. Guys, Tellers. Noes, 62, Alderman Gibbs and Sir Charles Wolseley, Tellers. "The officers of the army met at St. James's, to keep a day of praying together. "A committee of ten persons were appointed to confer with his Thursday 2. The fortieth article was debated, and for the most part agreed unto.† Friday 3. The Petitions of Sir John Stowell, the Lord Craven, and others, who had appeals depending concerning the said fortieth Article were read and debated, and referred to a Committee.§ Saturday 4. The forty-first and forty-second Articles concerning the Lord Protector's, and the Council's oaths were debated, and the drawing up of the oaths referred to a Committee. A Petition from the Civil Law Doctors for continuance and some encouragement, referred to a Committee, for regulating the law which was appointed immediately before.|| Highness, about stating the point of liberty of conscience." Whitlock, p. 590. "Resolved that Mr. Vines and Mr. Manton be desired to preach before the Parliament, at Margarett's, Westminster, on next Lord's Day, being the fifth of November." Journals. Of Mr. Manton, see vol. ii. p. 311, note. Mr. Vines, who died in 1655, had lost the mastership of Pembroke-Hall, Cambridge, in 165 for refusing the engagement, (See vol. ii. p. 279 note *.) "The Parliament," says Neal, "employed him in all their treaties with the King; and his Majesty valued him for his ingenuity, seldom speaking to him without touching his hat, which Mr. Vines returned with most respectful language and gestures." History of Puritans, (1822) iv. 118. "That the Articles given to, or made with, the enemy, and afterwards confirmed by Parliament, shall be performed and made good to the persons concerned therein. And that such appeals as were depending in the last Parliament, for relief concerning Bills of Sale of Delinquents' Estates, may be heard and determined the next Parliament." + Not in Journals. ↑ See vol. ii. pp. 125-130. § "The Parliament sat upon the Articles of Government, and voted the forfeiture of lands for treason and delinquency." Whitlock, p. 590. "The humble petition of Wm. Earl of Salisbury, was this day read. "Resolved, that it be referred to a Committee to consider how the 53607. 188. 4d. due to the Earl of Salisbury may be satisfied. "Ordered, that it be referred to a Committee to consider of the abuses of certioraris and habeas-corpus, and of fit remedies for redress thereof; with power to consider of all the abuses in the law-courts, and to present their opinion to the House." Journals. See vol. ii. p. 419 note. || See Journals. Resolved, that a report be made, on Tuesday next, from the Grand Committee upon the Government, to the House, of such things as shall have been then resolved upon in that Committee.* Monday 6. A bill was brought in for the ejecting scandalous, ignorant, and insufficient ministers and school-masters, and read the first time. It was moved,† that the former Ordinance of the Lord Protector, to the same purpose,‡ be suspended; but could not prevail.§ Tuesday 7. The report was made¶ from the Grand Committee of the whole House, upon the Government, according to former order.** It was moved that the first article++ be debated in the House, and settled, according to the vote of the Grand Committee. But, it being objected, on the other side, that the twenty-fourth article, concerning the Protector's negative, had not at all been debated; that it had some considerable reference and influence upon the first article; and that, therefore, it was necessary to debate that article first. Thereupon, after a long debate, it was resolved to lay that debate aside,‡‡ and to proceed with the twenty-fourth article, the next day. *"Order for all accounts to be brought in, of the value of all customs and receipts in several offices." Whitlock, p. 590. † By Mr. James Ash, from the Committee. Journals. "Aug. 29, 1654." Ordinances, (1654,) pp. 593–633. § "Noes, 77. General Disbrowe and Lord Broghill, Tellers. Yeas, 67. Mr. Bulkeley and Mr. Hollis, Tellers." Journals. || "Nov. 7, 1654. London. Great rumours have been, this week, about the City, of discontents in the seamen, and a petition; all which amount to no more but this, that they have drawn a petition, wherein they pray only that they may not be impressed to serve, but be as free as the Dutch seamen, and hired as they are. Both they and the fleet are in a very orderly equipage." Observator, p. 32. See Vol. ii. p. 78, note. See, also, Journals, March 8, 1652, 3. ¶ By Mr. Hoskins. Journals. ** See Journals; Parl. Hist. xx. 377. ++ Concerning "the supreme legislative authority." It" While this was in debate, Colonel Shapcot acquainted the House, that there is a printed pamphlet scattered abroad, tending much to the |