AN EXACT RELATION OF THE PROCEED AND TRANSACTIONS OF THE LATE PARLIAMENT: Their Beginning and Ending. With a brief account of their Expense of the time of their Session, and of the Acts that were made by them, who were dissolved the 12. Decemb. 1653. As likewise of four great Votes, viz. I. For abolishing the Court of Chancery. II. For a new Model of the Law. III. For taking away the power of Patrons to make Presentations. iv That innocent negative Vote of not agreeing with the Report of the Committee for Tithes. And an account of some Reasons of those Votes: With a brief Apology in way of Vindication of those Gentlemen that appeared for the Votes from the great OUTCRY made against them. By L. D. a Member of the late PARLIAMENT. Math. 5.11. Blessed are ye when men revile you, and persecute you, and speak all manner of evil of you falsely for my Names sake; rejoice and be exceeding glad, for great is your reward in Heaven. London, Printed for Livewell Chapman, at the Crown in Popes-head Alley. 1654. To the Reader. HAd not great Blasphemy reproach and scorn been offered every where unto the holy name of God, his truth, his ways, his servants, by evil men to the great grief of many fearing God, The following relation and discourse had never seen the light: the particular persons loaded with great reproach and scandal, could in regard of themselves, have been contented to have borne all patiently with silence: and left the clearing of their innocency to the most righteous God. It is no new thing in the world for good men to be reproached for well doing, and to have no other reward for endeavouring to do their Country service, and labouring to take off their heavy oppressions and grievances, then to be counted evil doers: what is generally reported, is as easily believed and taken for truth though it be never so false: great lightness and vanity attending persons as is too too evident. That one part of the House would have destroyed all the Ministry, the good as well as the bad (passes for currant) when as they were only against that old corrupt unequal, burdensome and debate making way of their maintenance by Tithes: In which way beside other things, many a good soul hath only 20 or 30 l. per Ann. to keep him and his alive; and others of less desert have 300 or 400 l. per Ann. or more, they thinking some more equal and less burdensome way might be found out and provided; and that their wives and children might have had allowance for their subsistence also when they were dead: many also were against their standing on that old Popish foot of account as now they do, as a part of the old Hierarchy, judging it reason that as Archbishops and Bishops, Deans, and prebend's, etc. were removed as Antichristian; so Parsons, Vicars, Curates, Rectors, Donatives, and Incumbents, (strangers to the Gospel) should be taken away also being of the same stamp: and that all faithful Teachers and Preachers of the truth and Gospel, should by Law stand upon a more Gospel account, and their outward interest secured unto them accordingly: a short Bill being by them offered for that purpose but refused; whether this amounteth to the destroying the Godly Ministry, or whether they were their enemies or rather their friends in it, they may please to consider. Reader, if thou thinkest that thou art come to Canaan the land of rest, and that there is attained unto the full end aimed at and intended by Almighty God, in answer of all those mighty works and wonders (near unto miracles) that he hath wrought in these Lands: If thou thinkest there is already the harvest of all that treasure spent, and blood spilt in the late Wars, then rejoice and be glad: but if thou judgest God intended greater and more high things then yet thou hast seen, in way of removing wickedness and oppression, and advancing justice and righteousness, then believe, and wait and pray; so adviseth he that is a well wisher to the interest of the Lord Christ, the welfare of the Saints, and the prosperity of the common wealth of England. L. D. AN EXACT RELATION OF THE PROCEED and Transactions of the late Parliament, their beginning and ending: with a brief account of the expense of their time while they sat; and the Acts that were made by them, who were dissolved the 12th of December. 1653. THe Parliament that sat so long, and had so many changes and alterations, and yet was preserved and continued: Was a Counsel that God did highly honour in making of them Instruments of very great things, many of them being very good things, as to the freedom and profit of the people; Amongst which the Change of the Government from Kingly to that of a Commonwealth, may worthily be mentioned, as not of the least, but of the greatest, both to Religion's Interest, and the Civil Benefit of all good men. But long sitting Contracted dulness, and a kind of Indisposition to go on any farther to perfect the work which divine providence had carried them on in wonderfully: Many of them minding more the greatning of themselves, rather than righting the wronged, and relieving the oppressed people, and performing their promises to them; so not proceeding to perfect the work of Justice and freedom 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 pass) they were dissolved. And upon an high Account for Godliness, 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 Counsel, and calling of this; There was delivered unto them an Instrument in Parchment under seal; delivering the whole power of the Nation or Commonwealth into their hands, to take care of, and to govern for their good. It is very observable that of all that were so chosen and summoned to appear for the end aforesaid, being one hundred and forty persons, there were but two that refused the call and work; so unanimous a Concurrence was there found as to the service: Though they knew well their call was not according to ancient formality, 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 necessity, as the case of the Commonwealth stood of having some to Act and carry on Affairs 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 liberty. 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 withal, because they were to undergo the Trouble but one year, 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 adjourn themselves from Whitehall to the , to meet the next morning at eight of the Clock, 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 enjoyed 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 Mr Francis Rouse was called to the Chair, and chosen Speaker: and then the House was adjourned to the next day: when the House appointed to pray again three or four days after; which accordingly was done by the Members; principally by such as had not done service before; when also the Lord General 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 again, after prayer, which was daily performed by one Member or other, as they were found free to perform it; They than proceeded to call over the House; Read and laid up the Instrument of their Impowering, chose a Clerk, and after a Sergeant at Arms, 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 Employed; 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 Employed. About this Time there was a great Debate what name they should give themselves to be called by, in as much as their call 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 Commonwealth of England. The lowness and innocence 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 solemn Declaration to the good people of this Commonwealth, and to all the world of owning themselves a Parliament, and the Supreme Power of this Nation. Which was drawn up by a Committee, and then read and passed in the House; In which specious things are held forth, of the goodness of God to the people of these Nations, with Intimation of what our Endeavours 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 Council of State, of the number of Thirty one persons; which accordingly was done. The Powers and Instructions read and passed, It so fell out that the great grievance of Tithes was taken on and debated three or four days, but with little success, for whereas all the House for the most part were sensible 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 set in the room 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 Tithes; only 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 methodised into several Committees, for the better dispatch of business, so as none might be idle, but all employed in public service; beside the Council 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 Public Debts, The Committee for the Scotch and Irish Affairs, The Committee for Petitions; which Committees sat daily, and took great pains, morning and evening, almost every day in the week, to dispatch business, 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, than his 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 behalf; all which occasioned much debate and expense of time: The young men's Petition was voted scandalous, and they ordered to be taken into custody, and accordingly six of them were committed, one in a few days being sick, the House discharged him; the five Petitioning, having been in custody some days, and having been something stiff, 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 only 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 Lion trampling on the Mouse. This business of Mr. Lilburne receiving and answering the Petitions before mentioned, concerning himself 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 Trial 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 again and again they did not do 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 expense of time, and loss 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 pass, he was by the Jury acquitted, to the losing the love of some, and to the scorn and contempt by others. By this time many matters were fitted and prepared by the Committees, who made their daily reports. The Council of State having the pre-eminence to be first heard, divers things 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. Business 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 several 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 business of providing moneys (all other things ever giving way to that) occasioned expense of much time, and great debate of ways and means to that end. The Fights at Sea coming to knowledge by Letters, the reading of them, the acknowledging God's goodness, and praising of his holy name, the taking care to provide for the sick and maimed, the relieving the Widows of such whose Husbands were slain, 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 loss of such Husbands and Fathers: All which were things just and honourable, but not done without expense of time. The dispatch of Ambassadors to foreign parts, as to Turkey, 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 expense of time. The Council of State chosen a second time by the Box or Glass where every one put in his paper of Names, and those that had most Votes carried it, spent more than one whole day. To omit very many things, toward the end of the House's sitting, the business of the Excise came on, where about three days were spent in passing the Rates particularly by Vote. The Old and New Drapery, Hats, Caps, 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 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 freedom 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 Bills prepared by several Committees, some of which were read in the House, and others offered to have them read, but other business 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 less chargeable to the people, and more expeditions. There were severrll Acts passed by the House, in time of their sitting, the particulars 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 Commonwealth, 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 Commonwealth, and the bringing them into one Treasury. 6 An Act for Marriages, and the registering of them; as also Births and Burials; much time spent in the debate about Marriages, there being many niceties and difficult cases relating to that subject. 7 An Act for the more speedy bringing in of the Arrears of the Excise, and settling Commissioners to that end. 8 An Act concerning the Planters of Tobacco in Gloucestershire, and elsewhere. 9 An Act to continue the receipt of the Excise till the 29 of December last. 10 An Act additional and explanatory for the sale of the remaining Fee farm-rents, and finishing the whole business. 11 An Act for settling Ireland, and making it a part of the Commonwealth; and satisfying the Adventurers and Soldiers with Lands; which Act being very large and comprehensive, took many days 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 showed 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 public Debts, and for the discovery of fraud and concealment of any thing due to the Commonwealth. 14 An Act impowering the Committee of the Army to state and determine the accounts of all Soldiers 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 redress of delays, 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, entitled, An Act for subscribing the Engagement; which was much to the ease and profit of the people, and to the loss of the Lawyers. 17 An Act for the regulating the making of Stuffs in the County of Norwich and Norfolk. 18 An Act for a High Court of Justice, cost indeed but one day's 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 Commonwealth, so as no reasons could prevail 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 Bill might be engrossed, being to be a Law that concerned life, for than it could not have passed till the next day, when some that were perceived that day absent, being praying at the Black Friars, might be present, and hinder, as it is likely they feared, the passing of it; which had they done, 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) shown 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 engrossed 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 Forests, and of the Honours, Manors, 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 particulars; wherein the old Farmers of the Customhouse, that lent the old King money to make War with the Scots, were admitted to have their old Debts made Public 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 less note, told the House what they thought, even as it is come to pass. 20 An Act confirming to the Purchasers of Sir John Stowels Lands, what they had purchased of the State. 21 An Act for an Assessment at the rate of one hundred and twenty thousand pound a Month, for six Months, from the twenty-fifth of December, One thousand six hundred fifty and three, to the twenty-fourth of June than next ensuing, for the maintenance of the Armies and Navy of this Commonwealth, being a very large Act, and that which took up many days 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 countries' bearing beyond their proportion, and some much less, which made the burden more grievous than otherwise it would be: When after many days spent in the modelizing of the Bill, and it came to be passed, some Gentlemen gave their reasons why they could not give their Yea to pass it for a Law, for the unrighteousness 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 particular Estates, some paying but two or three shillings the pound, and others four or five, yea some ten or twelve shillings for their real Estate, beside what they paid for their personal: In which some of London passionately complained of their being overrated, they paying eight thousand pound a Month, the fifteenth part of the whole Assessment of the Commonwealth: when as they with great confidence affirmed, that they were not the fortieth part of the Commonwealth in value, as their case now was. The Act engrossed, 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 hazarded 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 disingenuously 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 endeavour to have the Assessment equally laid and born, tended much to the Armies good rather then hurt, whereby they might continue to enjoy the love and affection of the people unto them. 22 An Act for the continuing of the Privileges and Jurisdiction of the County of Lancaster. 23 An Act touching Idiots and Lunatics. 24 An Act for enabling Commissioners of Parliament for compounding with DELINQUENTS, to dispose of two parts of the Lands and Estates of Recusants, for the benefit of the Commonwealth. 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 managing of the Affairs of the Admiralty and Navy. 26. An Act for the better and more effectual discovery of Thiefs and high-way-men. There was also a Bill brought in and Read and Debated for the Uniting of Scotland to the Commonwealth of England, as a part of it, with equal privileges: 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 engrossed 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 appear the House was not altogether Idle, nor at a stand in their work, 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 let. The two Great Grievances of the Law and Tithes, 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 behalf; The other Endeavouring the redress of them. Great Counsels 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 incapacity, to do the work of the Nation. Though so divided as aforesaid, may beside what appeareth already, be further taken knowledge of by these Ensuing Votes which follow. There were four great Votes, that passed in the time of the sitting of the House, which 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 Model 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 Tithes, Touching what they Reported, as the best way to eject scandalous profane and ignorant Ministers, etc. 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 enraging of others, against them that sought not themselves, but the good of the Commonwealth in general, 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 mind to be Advocates for it, had little to say on the behalf of it, and so at the end of one day's Debate, the question being put, it was voted down. For Delatories, Chargeableness, and a faculty of letting Blood 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 surpass) any Court in the world; It was Confidently affirmed by knowing Gentlemen of worth; that there were depending in that Court, Twenty three thousand Causes; That some of them had been there depending five, some ten, some twenty, some thirty years and more; That there had been spent in Causes many hundred, nay thousands of pounds, to the ruin, nay utter undoing of many families; That no Ship almost (to wit, Cause) that sailed 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 loss, 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 fare more as some affirmed. That when the purses of the Clients began to be empty, and their spirits a little cooled; then by a Reference to some Gentlemen in the Country, the Cause so long depending, at so great Charge, came to be ended, so as some did look on it as it now is, as a Mystery of wickedness, 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 practice, should be continued, to greaten the retainers to it, and practisers in it, by the ruin of others, eating the fat and sweet of other men's labours and estates. It is to be hoped such wickedness is not long lived; How did good people rejoice when they heard of that Vote, and how sad and sorrowful were the Lawyers and Clerks, for the fear of the loss of their great Diana may be remembered: with their great joy and making Bonfires, and drinking Sack when they were delivered from their fears 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 laid aside, and the Committee ordered to bring in a Bill that might do all. The Members of that Committee, having many of them occasion to be absent in the Country, in fetching up and settling their Families before Winter. Nothing was done till toward the Term, when a Bill was brought in and read in the House; That was looked on by many as the washing of the Blackamoor, or pruining or lopping evil branches, where three or four in a little time will come in stead of one cut 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 than a casting down one, and an establishing of the Chancery, rather than 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 spoil their own Trade; The Bill by very many, after a long and sharp 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 something 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. But the House being full of business there was no opportunity to tender it, and so they let it alone till a fit 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 fight for all this while as our birthright and inheritance. And such a noise was made about it, that made many believe that the House was modelized of Monsters, rather than men of reason and judgement. There were very sober and moderate Gentlemen, in the account of all men, that concurred hearty in this Vote, such as upon whom little blemish will stick. The Reasons, or some of them that were alleged 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 easy, 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 uncertain, dark 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 several opinions about this and the other thing: And then how should others, though highly concerned be able to understand them; and their Interest therein contained. There being so many Law-Bookes of great Bulk, so many old musty Records, Reports, and Book-Cases; As that after the time spent in School-learning, the rest of the Time of the flower of a man's years, would be little enough to read them over, and peruse them. And beside, those Records and Book-Cases are very ill Guides or Lights to go by, for who knoweth the Circumstances that did attend them, which altars oft times the whole Case; who knoweth whither in those Cases, bribery did not make the Judgement, or the powerfulness of some great man, or the love or hatred of the Judge, or the Negligence or Corruption of the Advocate. And besides, in those Lawcases, some precedents are directly Contrary to others; And an Advocate or Counsel allegeth 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 mind, 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 help of some Gentlemen of worth, that have deserved well of their Country, being true Patriots: who liked well the thing, as very useful and : It being not a destroying of the LAW, or putting it down, as some scandalously reported: But a reducing the wholesome, 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 Murder, 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 Wagon or Cart, etc. 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 lose his Horse and Wagon by the profane and superstitious name of Deodand; And the owners of the goods shall lose 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 several 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 remedy, 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 Commonwealth; and what was meet to be the punishment of Grand and Petty Treason: Then they proceeded to Murder, 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 property; As also the excecutive part of the Law: so as a person should not need to lose, or part with one property, to secure and keep another, as now it is: Persons being forced to lose or part with the property of their Cow, to keep the property of their Horse; and one piece 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 enjoy. And this being the true End and Endeavour of those Members that laboured in that Committee, it is submitted to every godly (and rational) man in the Nation, whether (as is most falsely and wickedly reported, and charged upon persons acting in so much love to their Country) their endeavours tended to destroying the whole Laws, and pulling them up by the roots. The third Vote was the taking away of patron's Presentations, which thing is one of the strong holds of Satan: At the passing of this Vote some Gentlemen were greatly offended; pretending it was a destroying, and taking away propriety: 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: tithe 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● property themselves, some two or three a piece 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 all of them had not very bulky Estates, yet they had free Estates, and were not of broken Fortunes, or such as owed great sums 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 privilege 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 advantaged 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 door to whom he pleaseth; And be sure he let in such a one as will comply and serve his Interest, and wink at his vicious courses, and not vex and disquiet his greatness by telling him of his faults, as sometime John Baptist did Herod; or as those, which profanely they call Puritans, and Sectarian Ministers use to do. But seeing to sell this property, were no less than 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 fullness of the Church: And not some ignorant, profane, and lazy Priest: That is a miserable fullness, with which some Churches (so called) are filled; In such a case of fullness 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 Logic, and Philosophy; 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 him, and who shall take it from him. But if the Church be empty, that is, of a Priest; then all his propriety 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 Wife's Gentlewoman, or Chambermaid: in consideration of being presented to be settled 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 relic 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 Commonwealth, think indeed, and is it really his judgement, that a Parliament or Supreme 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 than Presentations, and of higher, and more nigh concernment: especially when particular men's 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 monthly Assessment, notwithstanding it meddled with propriety, even threuth 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 judgement, for the former Parliament to take into their hands, and to sell away the Lands of Bishops, Deans, and Chapters, which they enjoyed as their proprieties, with many rights and privileges 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 than 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 Public 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, profane, and scandalous Ministers; and encouraging them that are good, etc. of which two things, and so an end of this discourse; first of the proceed to it, and in the Debate of it; And than that which followed after it till 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 Report and many were for the taking of it on; others were against the meddling 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 risen, and nothing fastened 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 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, till 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 alleged. The House being evenly poised, 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 modesty shown, that hardly any on all the five days spoke twice; very little of heat or passion being showed all that time, only one Gentleman or two that were for the Report, seeing themselves and their party so engaged, slew out a little, complaining of the expense 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; withal those Gentlemen were told of their restlessness 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 near as did also the end of the Parliament, some Members that were against 1ste Report having not spoken, and assaying to speak, were persuaded to forbear, who only 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 Council, hardly ever passed with such soberness and little heat or passion: The business was in statu quo, as to any one's being either 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, profane, and scandalous Ministers, and to encourage them that are good, was by sending certain 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 prudential consideration, would be too tedious; that this Vote that hurt no body should occasion such wonderful displeasure, and outcry every where is at least wonderful: If men were asked (as Micah was) what aileth them? they would hardly be able to tell, so well as he 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 Country, should leave their habitations, relations and enjoyments, spend their time and means to serve their Country, and be so rewarded with scandalous and false reports, and to have judgement of high condemnation passed on them upon hearsay, without the least show of proof? 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 elsewhere? that they meaning those that complied not in the afore mentioned Vote, and voted in the other, were the arrantest Rogues and Villains that ever the earth bare: That their design was worse than the Gunpowder treason: That they would have destroyed the Magistracy and the Ministry, the Law and the Go● etc. That it were well if one of ten of them were hanged up, and then there would be happy days: 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: heinous crimes indeed: but how doth it appear? only thus: they were against those grievances of the 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 settling of Tithes, that being in the bottom of the Report; so as by these men's Logic and conclusion, those two great grievances of the Law and Tithes, (which these so reproached 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 said. The afore mentioned Vote passing as it did, those Gentlemen that miss of their expectations, and were crossed of having their wills, greatly fearing, as it seemeth, it would go ill with those corrupt interests of the Lawyers and Clergy, which they endeavoured to support: they took the Pet and were exceeding wroth divers of them, and that afternoon and the next day (being the Lord's day, a day fittter for better employment) they took Counsel 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 supreme Authority or Magistracy, the Parliament of the Commonwealth 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 be 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 solemnly declared before God and all the world; to wit, that the House was the Supreme Authority of the Commonwealth of England, which Commonwealth 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 supreme Authority: What might such Counsels, Resolves and Actings merit by their own Law? had they no charity in them towards their fellows, because crossed in that poor Vote? had they lost or laid aside the fear of God, that they could thus venture to overthrow Magistracy even the greatest in the Commonwealth, the Parliament and supreme Authority, to the endangering the whole Cause? The Members that they were so angry with, and have so reproached as being against Magistracy and Ministry, because that poor 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 Supreme Authority of the Commonwealth of England? having slept upon their Counsels, they are of the same mind still, and address themselves to put it in execution, rising early and coming betime to put in practise their design, which was to dissolve and put to an end the Parliament of the Commonwealth 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 less guilty of evil than themselves, uttering words that could not but astonish any good soul of a dying Parliament; charging their fellows that were for the removing of the great grievances of the Law and Tithes, that they followed their own wills; nay, their own lusts, words not fit to be spoken in a free Counsel, and that might have been more truly said of themselves: when those of the other side that knew nothing of their design offered to speak, 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 Bills that were in readiness to be brought in for the People's 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, risen 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 he was earnestly called unto to keep the Chair, he left it, and the Sergeant as if he had been of Counsel, took up the Mace, and carried it before him, though he was spoken unto to the contrary, as in like manner did the chief Clerk: and thus in an eruptions 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 Whitehall, met some coming to the House, who seeing them go in that manner, thought they had Adjourned thither, and so went along with them; others they sent for up and down where they could find them, to come to them to the Horse Chamber, where they were: Those in the House immediately betook themselves to consider what they had to do, being so deserted of their Fellows: 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 Colonel and Lieutenant Colonel of the Army, entered the House, and desired them to departed: the Members desired them to withdraw, for that they as Members of Parliament, had warrant to be there, and if they had warrant to put them out, they wished them to show it; but not many words passed, but they went bacl and opened the doors, and brought in the soldiers with their Muskets, and so then the Gentlemen risen and went out; which was done before the other were half way at Whitehall: and some so put out of the House, went after to Whitehall 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 Counsel, and not Legislators, or a Parliament, much might have been in it; it was three or four lines written in fowr or six several papers, that so the Gentlemen might the more easily read and see what it was, which then the Clerk engrossed 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 be wondered at, that so great a power should be passed by so low and little an Instrument. Some Gentlemen went three or four days after, and set their hands to it: they that subscribed it, did it on several grounds and reasons: some did it knowingly to dissolve the House, before dissolved by the Soldiers, 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 means 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 than at their own quiet, and to be rid of a troublesome employment: some that they might not be thought lovers of power and dignity; and some out of weakness, and fear of the loss of some worldly enjoyment, which they have sufficiently repent 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 Laws and levied money by way of Tax upon the people as the Parliament and Supreme Authority of the Commonwealth of England, as clothed 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 do it without debate or consideration, in so weighty a case; to do it when the Parliament was dissolved by themselves and the Soldiers, 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 slaves: as would easily be granted by their own party, if they had so delivered to Charles Stuart: were ever men so weak, rash, and inconsiderate, so out-witted, or carried away with passion and spleen against their fellows, because they endeavoured 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 sat five months and three days as the supreme Power of the Commonwealth of England, whom God preserve. And so an end of this Relation and Discourse, with the calling to mind the saying of the Psalmist, 11. Psal. 4.7. If the Foundations be destroyed, what can the Righteous do? The righteous Lord loveth righteousness, his countenance doth behold the Upright. FINIS.