Guibon Goddard's Journal
December 1654

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History of Parliament Trust

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John Towill Rutt (editor)

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1828

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'Guibon Goddard's Journal: December 1654', Diary of Thomas Burton esq, volume 1: July 1653 - April 1657 (1828), pp. CII-CXXVII. URL: http://www.british-history.ac.uk/report.aspx?compid=36730 Date accessed: 02 September 2014.


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December 1654

Friday, December 1. The Bill for assessments was continued (fn. 1) and finished, and ordered to be reported upon Monday next.

Upon this day's debate, it was moved that all ministers who had livings of 60l. or under, shall be exempted from paying any taxes; or, at least, that they should be rated but for so much personal estate. But to that several things were objected.

1. That thereby they would exempt all the malignant ministers, who now are reduced, in general, to those small livings; and their friends, who had got into the best livings, would partake nothing of this indulgence.

2. That this would beget an enmity towards the clergy, that they should be so much eased and favoured above other persons.

3. It may prove dangerous in the precedent; in regard, the clergy, of old, pretended a right and privilege to be exempted from secular charges, and this may give them an opportunity and temptation to revive that old claim.

4. It is held dangerous, in any state, and of evil consequence, to exempt any orders or degrees of men from the public charge. For then, that order so exempted, being no way sensible of the charge, will not care how much be laid; nor regard those ways and means which may conduce to the ease of the rest of the people.

5. The parsons, who, heretofore, have had, and in all ages will have, a great influence upon the affections and suffrages of the people, when they find themselves exempt from charge, will not care how much they preach it up, and lay heavy burdens upon their brethren, which they themselves will not be able to touch with their little fingers.

Lastly. Admit they should be exempted or eased, who must bear their part of the rest of the charge ? For every county, and every hundred in the county, and every town in that hundred has its certain proportions, and so has every estate of freehold within that town.

Now, to ease the parson, either the soldier must abate it, or the Commonwealth lose it, or else the rest of the town must bear it. And then, perhaps, a poor man of 5l. per annum, who pays his tithes duly to his parson, must not only do so, but he must also help to pay the taxes of the parson, who hath a living ten times as good as his; while he, poor man, must starve, almost, for want of bread. Which will draw great odium upon the parson; and if the thing were feasible, yet now it would be very unseasonable, in regard of the present interruption it would put upon the service, the rates being now known and certain. But, upon such an alteration, it would make a great confusion, and breed delay in the collection. (fn. 2)

Saturday 2. (fn. 3) —Was spent in the debate on the nomination of the Council; whether the Protector should nominate, and the Parliament approve, or the Parliament nominate, and the Protector approve.

It was moved, that before this came to the question, it be resolved what qualifications should be required, and what the salary. The debate being very earnest, it was desired that there might be no salary, nor any Parliament-man chosen, and then the heats, who should nominate, would not be so great.

It was said to be the Parliament's right to nominate. They were to be the Council of the Commonwealth and the Parliament's Trustees. Therefore, it was fit that the Parliament should choose them, especially being to be trusted with greater matters than ever any former Council were; as, namely, the election of the Protector, the government of the militia and of the whole Commonwealth, in the intervals of Parliament.

But, to that, on the other side, it was said, that the inconveniences would be greater, if the Parliament should nominate.

1. They were a great body, and so not so fit to nominate; and, if fit, yet perhaps not so able; and, if fit and able, yet perhaps they could not do it in all respects so conveniently, in regard that it was necessary, there should be some personal knowledge, opinion, and affection, between the Protector and his Council, and certainly the Parliament cannot choose so well as the Protector himself.

2. To put the Protector upon the point of approving or refusing, there will be this unhappiness in it, either the Protector must accept and approve of all that are nominated unto him, and that may prove very inconvenient; or if he shall make use of his judgment to refuse any, look, how many he doth refuse, so many he must necessarily disoblige in the highest point that can be. That will but make him so many enemies, and create discontents and factions against him, upon personal respects. Whereas, on the contrary, if the Protector nominates, and the Parliament shall refuse or disapprove, there is no danger thereby to the Parliament, and the person so refused will be sure to be blasted for ever.

It was objected, that he that hath the nomination hath the compass of three nations to choose in, but he that approves is confined to the number nominated. Besides, he that hath the nomination, has the first step to preferment in his power, and hath a bar and a negative upon any other, for he that approves only, cannot properly prefer any.

On the other side, it was said, that if the Parliament hath the nomination, it must be by a balloting box, and that was found to have much deceit, and to be capable of practice, and was called indeed no better than a juggler's box; or it must be openly in the House. That hath been found to have many inconveniences; every man being led by particular interest and affection, and, in fine, so many difficulties, as make that way very dilatory and tedious.

It was also said, that if Parliament should nominate, it might be possible that it bring in the old line again, and, at best, if they should nominate, it could not be expected that if the Council should prove bad or insufficient, that ever they would punish them, or call them to account, in regard they were persons preferred by themselves.

It was objected, that most of the arguments might be pressed with much more weight and advantage against the Protector's nomination and the Parliament's approving. But it seems strange, that the Council should nominate the Protector, and the Protector nominate the Council. By such a reciprocation we may judge of the consequences. Besides, the Protector himself, in his speech in the Painted Chamber, calls it your Council, meaning the Parliament's Council, and that he would have to be a check upon him. Now it is strange for a man to choose his own check. The treaties of Uxbridge demanded the same thing of the late King. (fn. 4)

It was answered, that it might be our Council, though not of our nomination.

It was objected, that as it was to be our Council, so all the business was our business, and if we should only approve, how safe could it be for any single person to take personal exceptions, against any one that should be nominated by the Protector ? Who dares oppose him openly, whom the Protector shall have so good opinion of, and who shall come to have so great power and opportunity to avenge himself of any opposer?

Notwithstanding all these reasons, it was put to the ques tion, and carried by a divided House, (fn. 5) that the persons who shall be of the Council, shall be such as shall be nominated by the Lord Protector, and approved by the Parliament. (fn. 6)

Monday 4. The Bill for the assessment (fn. 7) was read the second time, and all the Commissioners names agreed, and ordered to be engrossed. But the proportions were to stand as formerly for these three months, in regard that the speedy necessity of this assessment could not permit time to debate that.

Tuesday 5. The assessments for Scotland and Ireland were taken into consideration. After a long debate, it was, upon the question,

Resolved, that Scotland shall be rated for this next three months, at the rate of 8000l. per mensem, and the same proportion of 8000l. for the next three months, was set upon Ireland.

Much was said by the members of both nations, in order to an abatement of the assessment. The misery and poverty of the nation were at large represented. Therefore, although heretofore Scotland was rated at 10,000l. per mensem, yet it was thought fit for these three months, only to lay them at the former rate of 8000l. and afterwards to raise them to a due proportion, as the Parliament should see cause. (fn. 8)

Wednesday 6. The number and continuance of the standing forces (fn. 9) were debated, and voted to be such as shall be agreed upon by the Lord Protector and the Parliament. Upon some jealousies, lest this vote should seem in the mean time to imply a disbanding of all the forces, until such agreement should be obtained, it was moved, and pressed with much earnestness, that a proviso be added to that vote to this purpose; "that this shall not extend to alter the constitution of the army and forces, as it now stands."

This was conceived of too great a latitude, in regard the present constitution was 57,000 and odd, and in case the Parliament and Protector should not agree, this vote might imply a consent of the Parliament, to the holding up of such a force. It was therefore laid aside.

Then it was pressed again, that the proviso might be thus: that it shall not extend to the reducing of the land-forces to a less number than to 30,000. (fn. 10) But, because that might imply a consent to the establishment of such a number for ever, especially, in case the Protector and Parliament should not agree, this, therefore, was also laid aside, and any thing else of that nature, out of an expectation that, before the Bill should pass, the Protector and Parliament would certainly agree in stating of the number, and in all other things, in relation to the standing forces.

But this gave great offence to the Court-party, some of which were heard to say, that they cared not ever to come into the Parliament House again.

Something was attempted again, to the same purpose; but in vain. Whereupon they proceeded on with the other articles of Government, and went back again to the second article, and

Resolved, that the exercise of the Chief Magistracy of this Commonwealth, and the people thereof, is, and shall be in the Lord Protector, assisted with a Council; the exercise of which power shall be according to the laws, and according to such limitations as are, or shall be, agreed upon in Parliament. (fn. 11)

Then they proceeded to the third article, and

Resolved, that all writs, process, commissions, patents, grants, and other things, which heretofore did or might, lawfully, have passed or issued in the name or style of the Keepers of the Liberties of England, by authority of Parliament, shall pass and issue, in the name of the Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the dominions thereunto belonging.

Resolved, that such titles of honour, as shall be hereafter conferred in this Commonwealth, shall be derived from the Lord Protector, and that no title of honour hereafter to be conferred by the said Lord Protector, shall be hereditary, without consent of Parliament.

Resolved, that it shall not be in the power of the said Lord Protector, to pardon any person lawfully convicted of murder. (fn. 12)

Then they proceeded to the fourth article, and voted that the Lord Protector, by the advice and consent of the major part of his Council, shall have power to direct in all things, concerning the keeping and holding a good correspondency with foreign kings, princes, and states.

And that he shall have the benefit of all forfeitures, and confiscations, not already granted, or otherwise lawfully vested in any other person or persons, bodies politic or corporate, according to the trust reposed in him by law, and as shall be agreed upon by Parliament. (fn. 13)

Then they debated upon the fifth article, and voted the power of making war to be only in the Lord Protector and the Parliament; and that, sitting the Parliament, no peace shall be concluded but by consent of Parliament; and, in the intervals of Parliament, the power of making peace shall be in the Lord Protector and the Council, with such reservations and limitations as the Parliament shall approve. (fn. 14)

After this, we proceeded to the tenth article, and voted that the persons to be chosen within England and Wales, and the town of Berwick-upon-Tweed, to sit and serve in Parliament, shall be, and not exceed the number of four hundred.

Although it was strongly moved in behalf of the city of London, and the Universities, that some more members be added to them, it was voted and settled according to the Instrument. Yet it was urged that the City of London paid the sixteenth part of the charge of the nation, (fn. 15) and that the Universities were but equal in number with the towns.

Nevertheless, it was conceived that London's interest was rather too big already, than in proportion it ought to be. For the Universities, it was not fit to countenance any factions between them and their towns; but to let them go hand in hand, and in an equal balance. Besides, both the cities and the Universities had many great friends in Parliament, always, besides those who did particularly serve for them.

It was voted, also, that the number for Scotland should be, and not exceed thirty, and the like number for Ireland.

Then they proceeded to the distribution of the members, to the several counties and places, and voted them, as they came from the report. Which, for the most part, did agree with the Instrument, (fn. 16) saving as to Queenborough.

Some gentlemen of Kent, being earnest to have that membership conferred, some to the county, some to Maidstone, some to the Cinque Ports, some to one place, some to another, Mr. Garland, who served for that place, suddenly and jocularly moved the Speaker, that we give not any legacies before the Speaker was dead. Which conceit so took with the House, as for that time Queenborough was reprieved, but was voted for the future to be dismembered, and to be added to the county.

It was moved also for Woodstock, that that might not be dismembered; but it was according as was reported. (fn. 17) Morpeth, in Cumberland, was moved to have a member, and that one shall be taken from the county, (fn. 18) but that was denied. The towns in Cornwall were dismembered, and a member added to Bodmin, there. (fn. 19) The rest all passed according to the Instrument.

Then they proceeded to the thirty-second article, and voted that the office of the Lord Protector over these nations, shall be elective, and not hereditary. Wherein it was observable, that there was not any, the least debate upon it, nor one negative to the question.

Then they debated the thirty-fourth article, and voted, that the great officers therein named, shall be chosen by the approbation of Parliament; and added to them the Chief Baron, and all the Barons and Judges of the Courts at Westminster, the Judges of Ireland, and the Judges of the Courts of Justice in Scotland. And it was moved, but not granted, that the Lord Mayor of London, and strongly pressed, that at least the Lieutenant of the Tower, might have the Parliament's approbation.

This was the work of that day, and it was a day of the greatest dispute of business that I had known in the whole Parliament.

Thursday 7. There was a report from the Committee, concerning Religion, to whom the thirty-fifth, thirty-sixth, thirty-seventh, arid thirty-eight articles were referred.

Resolved, that the true Reformed Protestant Christian religion, as it is contained in the Holy Scriptures of the Old and New Testament, and no other, shall be asserted and maintained, as the public profession of these nations. (fn. 20)

Friday 8. It was voted, that no laws shall be made to compel any person or persons to conform to the doctrine, worship, and discipline, publicly professed, without consent of the Lord Protector and Parliament.

To which negative, there were several provisoes endeavoured to be applied, as:

Provided, that such Bills as shall be hereafter agreed upon by the Parliament, requiring from such ministers and preachers of the Gospel, as shall receive the public maintenance for instructing the people, to subscribe to the doctrine and public profession, and such Bills also as shall be presented, for compelling people to come to church upon the sabbath-day, (fn. 21) or to other congregational and Christian meeting-places, shall pass into and become laws, within twenty days after the presentation to the Lord Protector, although he should not give his consent thereunto.

Saturday 9. (fn. 22) The like vote was passed, as to such laws as should be made for the restraining of atheism, blasphemy, damnable heresies, popery, prelacy, licentiousness, and profaneness, which took up the whole day's debate. (fn. 23)

Monday 11. (fn. 24) It was desired that the heresies might be enumerated, which, after another whole day's debate, was voted accordingly. (fn. 25)

Tuesday 12. The enumeration of heresies was referred to a Committee (fn. 26) , and the debate of atheism, blasphemy, and profaneness, taken up; which were conceived to be words of that general notion, as might expose the godly party, and people hereafter, to some danger of suffering under those laws. (fn. 27)

Not agreeing hereupon, it gave occasion of reviving a motion, (fn. 28) which had been made often times before, against the books of one Biddle; (fn. 29) the one containing two catechisms, (fn. 30) the other entituled "Twelve Arguments, refuting the common opinion of the Deity of the Holy Ghost," (fn. 31) which was condemned to be burnt by the common hangman, and a committee appointed to examine the book, to send for the parties and printers, to restrain them if they see cause, and to suppress his keeping of a school. (fn. 32)

Wednesday 18. This day was spent in the debate of another part of the proviso to the Lord Protector's negative in matters of religion, viz. that such Bills as were presented to the Lord Protector, for restraining such as should publish, print, or preach any thing against the profession established, should pass into and become laws, without the Protector's consent.

After a whole day's debate, the word "publish," was agreed to be left out, and to be made no part of the question. But the words, "preach and print," were voted upon the question, to be part of it. But then came the latter part of the question, which, indeed, was cardo rei, the very hinge of all. Whereby, it was endeavoured to exclude the necessity of the Lord Protector's concurrence in making of laws to such purposes. Whereby they would, in a manner, disable him from being what they had voted him, that is, a Protector; especially in that point which is of most weighty and tender consideration of any, that is, the freedom of the tenderness of our consciences.

This could not be agreed upon, (fn. 33) so it was deferred until the next day. Only Biddle, whose books were condemned the day before, was now apprehended, and brought before the bar, and committed to the Gatehouse. (fn. 34)

Thursday 14, (fn. 35) Friday 15. Voted, that the damnable heresies, shall be enumerated, and by this Parliament, (fn. 36) and that the printing and preaching be intended only against such fundamental doctrines as shall be agreed upon by the Lord Protector and Parliament. (fn. 37)

Note, that when the question was wholly put upon the proviso, whereby it was provided that laws should be made without consent of the Lord Protector, against "popery, prelacy, licentiousness, or profaneness," it was moved and desired, that to those words there might be added the word "presbytery," but it was not seconded by any. (fn. 38)

Likewise, when it was voted that there should be no printing nor preaching against such fundamentals as shall be agreed upon by the Lord Protector and Parliament, it was moved, that the twenty articles which were brought in by the Divines, and presented to the House, as all fundamental, and necessary to salvation, might pass the approbation of the House, and the Lord Protector's consent, and so that that vote might refer to those articles. But, upon perusal of the articles, they were laid aside, and not thought fit to be further proceeded upon at that time. (fn. 39)

The articles of religion being thus voted, they proceeded (fn. 40) to the rest of the articles of the Government, namely, the thirty-ninth and fortieth; and agreed them all in substance, according to the Instrument.

They did also agree upon the form of the oath for the Protector, and likewise for the Council; and last of all, that immediately after the death of every Lord Protector, if a Parliament be not then sitting, or not then already summoned, a Parliament be summoned to meet forthwith. (fn. 41) This being done, there remained nothing more of the Instrument to be debated; but only the number of the standing forces, and their continuance, and the consideration of the revenues, which were ordered for the next day's business.

The petition of divers lords of manors, and owners of commons, and inter-commoners, being fen grounds, in the Isle of Ely, and counties adjacent, in behalf of themselves, the tenants, and others, was read, and committed to the Committee for the fens of Lincolnshire. (fn. 42)

Saturday 16. The matter of the twenty-seventh article was taken into consideration, and after a whole day's debate

Resolved, that for maintaining of 10,000 horse and dragoons, and 20,000 foot, in England, Scotland, and Ireland, for the defence and security thereof, and also for a convenient navy of ships for guarding the seas, a revenue be raised, to continue until forty days after the time appointed for the sitting of the next Parliament, unless the Protector and the Parliament, the Parliament sitting, or the Protector and his Council, in the intervals of Parliament, shall otherwise think fit to lessen the same, in the mean time. (fn. 43)

Monday 18. Resolved, that a report shall be made from the Committee of the revenue.

It was represented, that for the last seven years the assessments had run at 90,000l. per mensem, besides the sales of revenues, bishops, deans, and chapters, seizures, forfeitures of papists and delinquents, and several other advantages.

Yet, notwithstanding, there are great arrears of debts upon us. Therefore, if we keep up our forces, or our charge as high now, when we have voted but 60,000l., we must needs expect a vast debt, and an impossibility to discharge it. It will make the nation needy and necessitous; and in fine, will bring ruin upon us.

But, for this proportion of 30,000 men, it may well be that the 60,000l. per mensem may suffice; and if that number be not enough we can enlarge it, when we fall upon the consideration of the militia. (fn. 43)

These kind of debates were had to and fro, but in the end they came to this resolution, upon the twenty-seventh article:—

That a constant yearly revenue of 200,000l. per annum, be settled and established upon the now Lord Protector, and the succeeding Lords Protectors, for the time being, respectively, for defraying the necessary charges for administration of justice, and other expenses of the Government, and for the support of his and their state and dignity, as may be for the honour of this Commonwealth of England, Scotland, and Ireland. And that the said 200,000l. per annum, be constantly paid out of the public receipt of the Exchequer, by warrant of the Lord Protector and the Council; and shall not be taken away nor diminished, without the consent of the Lord Protector and Parliament. (fn. 46)

After which, we proceeded upon the thirty-first article, and voted it, in substance, according to it, whereby the particular way of raising the revenue (fn. 47) —

Tuesday 19. Mr. Read reports from the Committee to whom the blasphemous books, written by John Biddle, were referred, the rude and obstinate behaviours and misdemeanours (fn. 48) of the said John Biddle; and of Richard Moone, and John Cottrell, the printer and publisher of the said books, before the said Committee; and that they refused to tell their names, or to give answer to any questions demanded of them by the said Committee.

Resolved, that Richard Moone and John Cottrell, do stand committed to the prison of the Gatehouse, for their contempts and misdemeanours.

Eodem die, post meridiem. Resolved, that the Committee, to whom the preparing of a Bill upon the votes concerning the Government is referred, be empowered to consider of the printed Instrument, intituled " the Government of the Commonwealth of England, Scotland, and Ireland; and, where they find any thing defective in the votes, which hath not been already debated in the House, to resort to the House with such particulars as may be fit to be supplied without altering the substance of what the House hath already voted. (fn. 49)

Ordered, that the Serjeant-at-Arms, do take into his custody, the bodies of Richard Moone and John Cottrell, and deliver them over to the Gatehouse, according to the order of this House.

Thursday 21. The House being informed, that there was one did deliver divers books at the door, this day, intituled, "Dissertatio de Pace, &c. or a Discourse touching the Peace and Concord of the Church." (fn. 50)

He was, by command of the House, called in: and being called to the bar, Mr. Speaker, by command of the House, demanded his name. He answered, Philip Dancy; that he lives in Lombard Street, and is a Norwich factor: and being showed one of the said books, acknowledgeth, that he did deliver some books of this sort and title, to divers members of this House.

Being demanded, who was the author of this book, he saith, the author he is ignorant of: (fn. 51) and being demanded, who delivered the books to him, saith, he can tell; but craves pardon for his silence in it; saith, he received them this morning. But, being asked where he received them, and who printed thein, craves, pardon therein also, and thereupon withdrew.

The House being informed, there was another at the door who brought those books,

He was called in. And being come to the bar, and being demanded his name, answered Thomas Carpenter; that he lives in Paul's Church-yard, at Richard Moone's house. Saith John Danyell, apprentice to Moone, wished him to deliver them to this man in the morning.

He saith, the books were not printed in his house, because Mo'one hath no press there; but knoweth not who did print them, nor who was the author of them. He was only desired to bring them along.

Resolved, that the said Philip Dancy be committed to the custody of the Serjeant-at-Arms.

Resolved, that this book be referred to the consideration of the Committee, to whom Biddle's books be committed, to examine the substance thereof, and who were the authors, printers, and publishers; with power to send for persons, papers, witnesses, and to secure such persons as they find cause, until the House be acquainted therewith. That the quorum of the said Committee be five.

Resolved, that the Serjeant-at-Arms be required to enter into the house of Richard Moone and John Cottrell, or any others, where the said printed books, intituled " Dissertatio de Pace, &c. or a Discourse touching the peace and concord of the Church," or any of them shall be found, and to seize all the said books.

Resolved, that the merchants, commonly calling themselves merchants of the intercourse, residing in London and elsewhere, within this Commonwealth of England, Scotland, and Ireland, shall pay, and be liable to pay, all such sum and sums of money as shall be assessed and taxed upon them, or any of them, as any merchant-strangers; any privilege of exemption, by colour or pretence of the great intercourse made in the time of King Henry VII. and Philip, Duke of Burgundy, or otherwise, to the contrary notwithstanding.

Saturday 30. The House being informed, that one Theauro John, in the lobby, without the door of the Parliament, did there draw his sword, and struck at divers persons; and ran with his sword against the door of the House.

He was, by order of the House, brought to the bar. Where, being demanded by Mr. Speaker, what his name was, answered, Theauro John. Being asked, why he came hither ? Saith, he fired his tent, and the people were ready to stone him, because he burnt the Bible, which he acknowledgeth he did; saith, it is letters, not life; and he drew his sword, because the man jostled him at the door: saith, he burnt the Bible, because the people say it is the word of God, and it is not; it deceived him. And saith he burnt the sword and pistols and Bible, because they are the Gods of England. He did it not of himself. And being asked, who bid him do it; saith, God. And thereupon was commanded to withdraw.

Resolved, that the said Theauro John be committed to the Gate-house, Westminster, in order to a further proceeding against him, both for drawing his sword at the Parliament door, and for burning the Bible; and affirming that the same is not the word of God. And that there be a charge given to the keeper to take notice of any persons as shall resort to him.

Resolved, that it be referred to a Committee to examine him; and to present to the House their opinion what is fit to be done, in respect of both these offences. (fn. 53) And that it be referred to a Committee, to whom the business touching Biddle is referred, to report with speed.

Resolved, that it be referred to Mr. Serjeant Glyn, Mr. Lechmere, Mr. Recorder, Mr. .Turner, Mr. Godfrey, Mr. Long, Mr. Beale, Mr. Brisco, Colonel Birch, Lieutenant Colonel Kelsey, Mr. Lister, Mr. Bedford, Mr. Timbs, or any three of them, to prepare a Bill, upon the debate of the House touching Quakers; with power to them, to receive informations, from the members of this House or others touching these persons; the better to enable them to describe them in this bill.

Footnotes

1 In "a Committee of the whole House. Mr. Turner was called to the chair." Journals. On this versatile lawyer, become "Sir Edward Turner," &c., see vol. iv. p. 431, note .
2 From the following passage, in a letter written by "Sir Edward Hyde to the Marquis of Ormond, from "Cologne, 1st Dec. 1654," and printed from the "original," it appears that the royalists now indulged the fond, though yet vain expectation of a successful insurrection against the Protectoral Government. "All things go as well in England as you can wish, and we have reason to believe that the army will begin the business for us, and even do the work for us, and we expect speedily to know the day." See "Clarendon State Papers," (1786,) iii. 259.
3 Post meridiem, the morning had been otherwise occupied. "Colonel Morley acquaints the House, that Sir Thomas Rivers being returned to serve in this Parliament, the Clerk of the Commonwealth doth refuse to certify him to the clerk of this House, until he have been approved by the Council, he being chosen upon a writ that issued forth, since the sitting of Parliament, for a new election. "Resolved, that such members as are, or shall be returned upon writs for new elections, issuing by warrant from the Parliament, under the hand of Mr. Speaker, shall be returned and admitted into the House, without any other approbation than of the Parliament. And that the Clerk of the Commonwealth do and shall certify such member, accordingly, to the clerk of the Parliament. "The form of an oath to be administered to the Council of the Lord Protector was read and resolved." Journals.
4 This does not appear in Whitlock, nor in Lord Clarendon's longer narrative of the Treaty in 1644. See his History (1712), ii. 577-600.
5 "Yeas 100, Lord Broghill and Sir Charles Wolseley, Tellers. Noes, 68, Mr. Bulkeley and Colonel Morley, Tellers." Journals.
6 Corvected from the Journals.
7 "For the three months, at the rate of 60,000l. by the month." Journals.
8 "Resolved, that the number of the persons who shall be of the Council, shall not exceed one and twenty. That eleven of them shall be a Council, and not under. "That no person shall continue to be of the Council longer than forty days after the meeting of each succeeding Parliament, without a new approbation by the Parliament." Journals.
9 This provision for "standing forces" had been immediately preceded by a resolution, which might have induced the belief that English men, determined not to "learn war any more" had "beat their swords into ploughshares, and their spears into pruning hooks." The House "Resolved, that the Lord Broghill, Mr. Rous, Mr. Bulkeley, and Sir William Masham," (the deep divines, probably, of the Parliament,) "or two of them, be daily present with the divines, whose advice hath been desired in the business touching religion; and to desire them to attend that business, and perfect the same for a speedy consideration of this House." Journals.
10 "In the three nations; viz. 20,000 foot, and 10,000 horse and dragoons, without the consent of the present Lord Protector and the Parliament, sitting the Parliament; and in the intervals of Parliament, without the consent of the Lord Protector and the Council." Journals.
11 Corrected from the Journals.
12 Ibid."The question being put, that it shall not be in the power of the said Lord Protector, to pardon any person lawfully convicted of treason, "The House was divided. The Yeas went forth. Yeas, 83. Sir John Hobart and Sir Richard Onslow, Tellers. Noes, 81. Sir Ralph Hare and Colonel Jones, Tellers. Eodem die post meridiem. "Resolved that the Lord Protector, with the consent of the Council, shall have power to pardon, except in cases of murder and treason. "Resolved, that the Committee for the consideration of the Ordinances made by the Lord Protector and the Council, do take into consideration the Ordinance touching treasons, and the several former Acts touching the game, and prepare a Bill." Journals.
13 Corrected from the Journals.
14 Ibid.
15 See vol. iii. p. 149, ad fin.
16 See Parl. Hist. (1763,) xx. 250–253.
17 "Resolved, that the House doth agree with the Committee, in transferring the burgess from Woodstock to Banbury." Journals.
18 Which sent only two. Parl. Hist. xx. 251.
19 Here is, probably, some error respecting Bodmin. It was "Resolved, that the House doth agree with the distribution brought in by the Committee, for members to serve in Parliament, for the county of Cornwall, and the several places therein mentioned, in the said distribution." Journals. The distribution gave "Cornwall 8, Launceston 1, Truroe 1, Penryn 1, Eastlow and Westlow 1." Parl. Hist. xx. 250. The present distribution, as restored in 1658–9, (see vol. iii. p. 74, note.) gives 2 for the County of Cornwall, and 42 for 21 boroughs. Such, especially when compared with London and Middlesex, is the applauded "virtual representation," and such Sir William Blackstone's "kind of democracy, chosen by the people from among themselves." See vol. iii. p. 148, note .
20 "Eodem die, post meridiem. Resolved, that until some better provision be made by the Parliament, for the encouragement and maintainance of able, godly, and painful ministers, and public preachers of the gospel, for instructing the people, and for the discovery and confutation of errors, heresy, and whatsoever is contrary to sound doctrine, the present public maintainance shall not be taken away nor impeached. "That it be referred to the Committee to whom the Ordinance concerning uniting parishes is referred, to consider how such impropriators and colleges, who are bound to find ministers, and are not charged with any certain or considerable proportion, may be compelled to allow a competency of maintainance for a minister. "That it be referred to the same Committee to consider of an Act to enable such cities, corporations and market towns, as have no competent maintainance for the ministers in the several parishes, to tax themselves for raising a convenient maintainance." Journals.
21 "Enjoining attendance unto the preaching of the word, and other religious duties on the Lord's Day." Journals.
22 Resolved," that, without the consent of the Lord Protector and Parliament, no law or statute be made for the restraining of such tender consciences, as shall differ in doctrine, worship, or discipline, from the public profession, and shall not abuse this liberty to the civil injury of others or the disturbance of the public peace." Journals.
23 Corrected from the Journals. Eodem die, post meridiem. "The House met and resumed the former debate. "The question being put that these words, 'damnable heresies,' do stand in this question, "The House was divided. The Yeas went forth. Yeas, 91. Colonel Rous and Colonel Matthews, Tellers. Noes, 69. Colonel Jones, and Commissary-general Whalley, Tellers. So it passed in the affirmative." Journals. "Resolved that the House do rise for an hour, and then sit again, and continue this debate.
24 The House, according to former order, proceeded on the debate adjourned on Saturday last. "Resolved, that the Speaker do leave the chair for an hour. "Eodem die, post meridiem. The Speaker resumed the chair. "Resolved, that candles be brought in." Journals.
25 "The question being put, that there be a particular enumeration of heresies, after the words, 'damnable heresies,' "The House was divided. The Yeas went forth. Yeas, 85. Colonel Jones and Colonel Montagu, Tellers. Noes, 84. Sir Richard Onslow and Mr. Fitz-james, Tellers. So it was resolved. "Resolved that Colonel Venables, a member of Parliament, have leave to go upon the expedition." Journals. This expedition was against the Spaniards, in concert with Admiral Penn. It ended in the capture of Jamaica. See infra, vol. iii. p. 102, note *.
26 "To consider of the particular enumeration of damnable heresies, and where it shall be inserted." Journals. In this Committee of sixty-two are the names of Henry Cromwell, Glynn, Whitlock, Fynes, Ashley Cooper, Widdriugton, Lisle, Lambert, Vane, and Lord Broghill.
27 It was, however, at length, "Resolved that the word, 'Atheism,' be part of the question." Journals.
28 Previous to which, "Sir William Masham reports from the Committee empowered to confer with divines, [supra, p. cviii. note,] touching articles of faith, twenty articles, with the proofs thereof, from Scripture. "Resolved, that three hundred copies of these articles be printed, only for the service of the House; and that they be delivered to the clerk, to deliver one to every member: and that no greater number be printed, nor that any of them be delivered to any other than the members." Journals. Thus, it seems, from this economical resolution, to print only three hundred copies, and yet to "deliver one to every member," that only three hundred of the four hundred and sixty members, had yet qualified, by signing the recognition. See supra, pp. xxxv. xxxvi.
29 See infra, p. 57, note.
30 "A Two-fold Catechism. The one simply called a Scripture Catechism; the other, a Brief Scripture Catechism for children. Wherein the chiefest points of the Christian religion, being question-wise proposed, resolve themselves by pertinent answers, taken, word for word, out of the Scripture, without either consequences or comments. "Composed for their Bakes that would fain be meer Christians, and not of this or that sect, inasmuch as all the sects of Christians, by what names soever distinguished, have either more or less departed from the simplicity and truth of the Scripture. "By John Biddle, Master of Arts, of the University of Oxford, " 'Isa. 8, 20. To the law and to the testimony. If they speak not according to this word, it is because there is no light in them.' "London, Printed by J. Cottrell, for. R. Moone, at the Seven Stars in Paul's Church-yard, neer the great north door. 1654."
31 "The Apostolical and True Opinion concerning the Holy Trinity, revived and asserted: partly by Twelve Arguments levied against the traditional and false opinion about the Godhead of the Holy Spirit partly by a Confession of Faith, touching the Three Persons. "Both which having been formerly [1647] set forth, are much altered and augmented, with explications of Scripture, and with reasons; and finally with testimonies of the Fathers and of others. "All reprinted, Anno. 1653. By John Biddle, M.A."
32 "Resolved, that a Committee be appointed to consider of these two books now presented; the one intituled; "The Apostolical and True Opinion, concerning the Holy Trinity, revived and asserted, or Twelve Arguments drawn out of Scripture, wherein the commonly received opinion, touching the Deity of the Holy Ghost, is clearly refuted.' "And the other intituled,' A Two-fold Catechism.' Both of them by John Biddle. "And have power to send for the author before them; and to restrain him, and to suppress his school; and also to send for the printers and publishers thereof; and to seize upon and call in the books, and to prevent the farther printing of them; and to examine the particulars of the books; and to report the same, with their opinion to the House. "Resolved, that it be referred to the Committee for printing." Journals. On this arduous service, were added several lawyers, soldiers, and country-gentlemen; among the rest, that profound theologian, and exemplary moralist, Sir Anthony Ashley Cooper. See vol ii. p. 419, note . For the result of this reference, the House, Zelatores justitiæ, et fidei catholicæ defensores, as King James described himself, when he burned two Unitarians in 1611, (see infra, p. 118, note), could not wait, before they had "Resolved, that the book intituled 'The Apostolical and True Opinion,' &c. doth contain impious and blasphemous opinions, against the deity of the Holy Ghost. "That the House doth adjudge the said book to be burnt by the hand of the common hangman. "That the Sheriffs of London and Middlesex, be required to search for, and seize, all the printed copies of the said book; and to cause them to be burnt, accordingly, at the Old Exchange, and in the New Palace at Westminster, on Thursday next. "That John Biddle be sent for in custody, as a delinquent. "That the Serjeant-at-arms do seize, and cause to be seized all the printed copies of the said book, to be burnt as aforesaid." Journals.
33 "The question being propounded, that these words be part of the question, viz.' which shall be agreed upon by the Lord Protector and the Parliament,' "The House was divided. The Noes went forth. Noes, 80. Mr. Grove and Mr. Bulkeley, Tellers. Yeas,62. Mr. Maidstone and Colonel Rous, Tellers. Ibid.
34 "The House being informed, that John Biddle, being apprehended by the Serjeant-at-Arms, according to the order of the House, was at the door, he was called in: "Being come to the bar, he kneeled awhile, till Mr. Speaker bid him stand up. And being demanded what his name is, he answereth,' John Biddle.' "Being showed the book intituled, 'The Apostolical and True Opinion concerning the Holy Trinity, Revived and Asserted,' saith, he doth acknowledge the book, and the contents of it, and that he wrote it. And being showed the book intituled,' A Twofold Catechism,' saith, he knoweth the book, and the contents of it, and that he wrote it. Denieth he keepeth a school. Saith, he hath no congregation. "Being asked, who printed these books, saith, hitherto he hath answered as a Christian, to give an account of the hope that is in him. What the law of Christ doth warrant him to answer, he will do; but beyond that, he will not. The law of Christ enjoins him not to betray his brethren. "Being asked, whether the law of Christ did enjoin him to believe the Holy Ghost is not God; saith, the law of Christ doth no where tell him the Holy Ghost is God, Thereupon, he was ordered to withdraw. "Afterwards, he was called in again. Being come to the bar, he was, by order of the House, demanded by Mr. Speaker,' whether the Holy Ghost be God ?' Saith, he hath examined the Scriptures, and doth nowhere find, in the Old or New Testament, that the Holy Spirit is God He doth own the books, and his opinion is sufficiently declared in them. "Being demanded, whether Jesus Christ be God, from everlasting to everlasting, answereth, he doth own the books, and therein hath declared his judgment. But saith, he doth not find, in Scripture, where Jesus Christ is called the Most High God, or God from everlasting to everlasting. "Being asked, whether God be confined to a certain place, saith, this is not the hope that is in a Christian; therefore, there is no necessity lying on him to answer. "Being asked, whether God hath a bodily shape, saith, he hath answered sufficiently to that already. "Ordered, that John Biddle be committed prisoner to the Gatehouse, in Westminster, and there to be kept close prisoner, without pen, ink, or paper; in order to a further proceeding against him. "Resolved, that the Committee do proceed in the reference of these two books of Biddle's." Journals. The "Gatehouse, situated near the west end of the Abbey," is described, in 1708, as, "the chief prison for the city of Westminster liberties, not only for debt, but treason, theft, and other criminal matters. The gates were built by Warfield, cetterer to the Monastery, in the reign of Edward III." See "New View of London," ii. 745.
35 Petitions from "the Justices of Peace, and the Grand Jury" of "the West Riding of the County of York," and from "the Mayor and Commonalty of the City of York," were read, and referred to a Committee. This Committee, besides many other members, included "all the gentlemen that serve for the five northern counties," and "all the gentlemen of the Long Robe, members of the House." They were "to consider touching a Court of Justice to be erected at York for the five northern counties, and how the probate of wills and granting administration and recovery of legacies may be settled throughout England and Wales; and the same "in Ireland." Journals. See infra, p. 17, note.
36 "Dec. 15. The question being put, that leave be given to speak against these words: 'damnable heresies, to be particularly enumerated,' it passed in the negative. "Resolved, that in the last vote, next after the word' enumerated,' these words, viz.' by this Parliament' be inserted." Journals.
37 "Dec. 14. The question being propounded, that these words, ' which shall be agreed on, by the Protector and the Parliament,' be part of this question, "The House was divided. The Noes went forth. Yeas, 23. Commissary-general Whalley and Colonel Goffe, Tellers. Noes, 76. Sir Richard Onslow and Mr. Bulkeley, Tellers.
38 The Presbyterians had not been so complaisant in 1648. Then, under the authority of "the Act of the Committee of Estates of Parliament, for renewing the Solemn League and Covenant," they declare "against all error, heresy, and schism," and thus assign a "bad eminence," to the religious profession, now prevalent in this Parliament: "Independency, Anabaptism, Antinomianism, Arminianism, and Socinianism, Familism, Libertinism, Scepticism and Erastianism." Against these they say: "the carrying on the work of uniformity shall be studied and endeavoured by us, before all the worldly interests." Having thus given the watchword of persecution, for uniformity is nothing less, (though of gentler sound than "Jesus and no quarter!" the word of the Covenanters, marching against Montrose,) and proposed to violate the freedom of their fellow-citizens on questions of the dearest interest, these Protestant inquisitors immediately complain that "many have, of late, laboured to supplant the liberties of the Kirk;" and, proh pudor! they resolve to "vindicate and maintain the liberties of the subjects, in all those things which concern their consciences, persons, and estates." See "The Confession of Faith, &c. of public authority in the Church of Scotland." Glasgow, (1753,) p. 467.
39 "The first article was read, in these words: 'The Holy Scriptures of the Old and New Testament, are the word of God, and the only rule of knowing him savingly, and living unto him in all holiness and righteousness, in which we must rest. Which Scriptures, whoso doth not believe, but, rejecting them, doth, instead thereof, betake himself to any other way of discovering the mind of God, cannot be saved.'" Journals.
40 "Eodem die, pott meridiem." Ibid.
41 See Ibid.
42 Corrected from the Journals.
43 Ibid.
44 "The reporter brought in a particular of all the revenues:—
45 "* * * * 24,000l.; * * * * 1254l.; Saymaster of Tin, 2000l. Probate Office, 10,000l.; Exchequer, 20,000l.; Jersey and Guernsey, * * *; * * * *, 4000l.; * * * *, 4000l; Custom and Excise, in Ireland, 20,000l.; Customs in Scotland, 9000l.; no Excise there but 9000l.; Customs of French Wares, if permitted, would raise 150,000l.; Post-Office, 10,000l.; Wine-Office, 1500l.; Papists and Delinquents, 60,000l.; Inn work, 4000l.; Excise, 400,000l.; Custom, 400,000l. " Papist and Delinquents, in Scotland and Ireland * * *.; Revenues in Scotland and Ireland, Deans' and Chapters' lands, in Scotland and Ireland, to be sold at rent of 3d. per acre. " Impropriations of Papists', Delinquents', King, Queen, Prince, Bishops', Dean and Chapters', to pious uses. " Tenths and first fruits not to be demanded, as an unnecessary charge to the parsons, and the revenue not considerable. " The remaining lands, and the revenues in Scotland and Ireland, to be sold in fee farm, reserving 3d. per acre. " One fourth part of the Excise to be set apart, for the payment of the public debts. " All cathedral and collegiate churches to be bestowed upon the cities and counties where they stand, to be kept up and maintained. " No value at all to be set upon Whitehall, Saint James's House and Park, the Mews, Greenwich House and Park, Somerset House, Hampton Court, and the Honour and Manor of Hampton Court, with all the parks and grounds thereunto now belonging, Windsor Castle, the little Park there, and other the land thereunto now belonging; the house called the Manor, in or near the City of York, [see Journals, Dec. 19,] the Tower, and which are to be reserved for the Protector's use and pleasure, yet may be estimated, though, as no part of the public revenue, at 1254l.15s. 4d. This was the effect of the report. " On the other side, the public charge was presented unto us, "As, namely, that the charge of our land-forces, per mensem
was                                             116,000
Sea-forces                                     36,945
The Government                          200,000
Ordnance, yards, docks, &c.           8,000
Lame soldiers and widows             50,000
"In sum our charge is 15,000l. per mensem, greater than our receipts. " Besides, we did receive but at the rate of twelve months per annum, and we pay thirteen months. " The assessment in England at 60,000l. per mensem, comes but to 58,5001. The rest is eaten up, in the four pence per pound charge in collecting it. " Besides, there is a debt due to Penn's fleet of 19,215l.; to Blake's fleet 5,520l. And by contract to the navy and Office of Ordnance, 200,000l. " To this was objected, again, that the sale of the goods upon the prize office was wholly omitted; which came, as was informed, to 2,000,000l. " But in the twelfth year of Queen Elizabeth, by Burleigh's account, her revenue was then but 188,000l. And her charge but 110,000l. And yet she paid her fleet and all other expences; but, in truth, the charge of her navy was then but 20,000l. per annum." Goddard MS. Of the resolution and the report there are no appearances on the Journals of this day. I have printed this, probably, only remaining copy of the report, under all its imperfections; as it may possibly assist to explain other historical documents of the same period.
46 Corrected from the Journals.
47 Here Mr. Goddard's MS. account of the transactions of the Parliament, 1654, closes abruptly. According to the Journals, " the Committee," were " to bring in the report to-morrow, upon the one and thirtieth Article." I shall add, during the remaining days of this short-lived Parliament, from the Journals, such passages as may appear to assist my design of preserving and connecting the principal transactions; and, especially, the Parliamentary History of both the Protectorates.
48 The common cant-language of persecutors; let a victim of their oppression only venture the expostulation: " strike, but hear me!"
49 The Journals are almost entirely occupied, till the dissolution, with divisions upon alterations, proposed by this Committee to a Grand Committee of the whole House. The debates, during those days, could they be recovered, would, probably, be very interesting.
50 " Wherein is elegantly and accurately argued, that not so much a bad opinion as a bad life, excludes a Christian out of the kingdom of Heaven; and that the things necessary to be known for the attainment of salvation, are very few and easy; and, finally, that those, who pass amongst us under the name of heretics, are, notwithstanding, to he tolerated. " London. Printed by James Cottrel, for Richard Moone, at the seven stars, in Paul's Church-yard, 1653."
51 The Dissertatio was reprinted in 1708, and erroneously " supposed to be written by Mr. John Hales, of Eaton." Phenix, ii. 348–390. Wood seems to have led into the error by the following passage, when describing the works of John Hales: "Dissertatio de pace et concordia Ecclesiæ. (Eleutheropoli,) 1628. 12mo. This book, which is much celebrated by famous authors, is printed in the same character, and at the same supposed place as his Brevis Disguisitio; and therefore, by the generality, is taken to be written by our author." Athen. Oxon. (1692,) ii. 125.
52 This proscribed Discourse, was a translation of " Anonymi Dissertatio, de Pace et Concordia Ecclesisæ: edita per Irenseum Philalethen.—Eleutheropoii typis Godfridi Philadelphi, anno 1628." Sandius ascribes this Dissertatio to " Samuel Przipcovius, a Polish knight." See "An Historical and Critical Account of the Life and Writings of the ever-memorable Mr. John Hales." By Des Maizeaux, (1719,) pp. 6, 7. I have now before me, among a collection of John Biddle's Tracts, the Discourse, 1628, in which some, apparently early, possessor has written:— " Sam. Przypcovius, vir elegantissimi ingenii, Radzivilio Principi a Secretis, scripsit Dissertationem de Pace et Concordiâ Ecclesiæ. V. Martini Ruari Epistolas xxviii., zxxi. ad H. Grotium." Przypcovius wrote the earliest Life of Faustus Socinus. This, John Biddle translated from the Latin, in 1653, and he was probably the translator of the Dissertatio. See Dr. Toulmin's Faustus Socinus, (1777,) p. 439.
53 Whitlock says: "Dec. 30. A Quaker came to the door of the Parliament, and drawing his sword, fell to slashing those near him, and knocked at the door, aloud; he was laid hold on, and committed to prison." Memorials, p. 592. It has been justly observed, on this passage, that " according to the account given of this man in the Journals, his principles seem not to quadrate altogether with those of the present Quakers." Parl. Hist. xx. 402. This learned lawyer appears, in his last years, to have adopted the theological opinions of the Quakers, perhaps a consequence of his intimate associations with William Penn. See "Quench not the Spirit; or Several Discourses of the light, power, and guidance of the Holy Spirit of God, to make men and women the true children of God. As they were delivered, in his own family, at several times. By that great man, Sir Bulstrod Whitlock, once Ambassador to Queen Christina of Sweedeland; and Lord Commissioner of the Great Seal of England," (1711) passim. William Penn was the Editor of these Discourses. In " An Epistle to the Reader" he relates a very serious conversation with the author, "about the seventieth year of his age," and assures the public that "the manuscripts of these Discourses come from a daughter of Sir Bulstrod Whitlock, where they have lain since her father's death, with other pieces of great value, in the author's own hand-writing."