September 1656.

[3.] The Protector and his Council kept a solemn day of thanksgiving for the 2 victories obtained at Dunbar, and Worcester on this day of the month.

[4.] Sir William Davenant printed his Opera; notwithstanding the nicety of the Times.

[17.] This being the day appointed for * the meeting of the Parliament, the Protector and the members of Parliament came to the Abbey Church at Westminster, where they heard a Sermon preached by Dr. John Owen Vice-Chancellor of the University of Oxford. After Sermon His Highness and the members went to the Painted-Chamber, where he made a Speech to them, and then they went to the House; upon their going in, the Members received Certificates in this form.

Sir Thomas Widdrington was chosen Speak∣er.

[18.] The House resolved to keep a Fast day on Wednesday next, and they appointed a Committee to prepare a Declaration for a General Fast throughout the three Nations.

They appointed Grand Committees, for * Elections, Religion, Grievances, Courts of Justice, and for Trade.

A Bill was read for renouncing, and disanulling the pretended Title of Charles Stuart.

[19.] The same Bill was read the second time.

[22.] Some amendments to this Bill for renouncing, &c. were reported to the House from the Committee, and agreed: and the Bill ordered to be Ingrossed.

A Report being made to the House from the Council of the Reasons why some Persons Page  638 〈1 page duplicate〉 Page  639 〈1 page duplicate〉 Page  640 returned for Members were not admitted into the House, upon the Question, It was Resolved, That those persons should make their application to the Council for approbation.

Upon which several of the Members that were chosen to serve in Parliament and not approved by the Council, published a Re∣monstrance in these words.

WHen our worthy Ancestors have been Met in Parliament, and have found Oppression and Tyranny supported by such strong hands, that they could not pre∣vail to secure their Countries, Lives, and Li∣berties by wholesome Laws, They have often made their Protestations against the Inju∣stice and Oppression; and forewarned the People of their danger. To omit other In∣stances, so did the Commons in Parliament in the Third and Fourth year of the late King, when he Challenged a Power to take Tonnage and Poundage without the Peoples Consent in Parliament, they made their Protestation, * That whosoever should Counsel or Ad∣vise * the leavying of Tonnage and Poun∣dage for the King, not being granted him by the Parliament; or should act, or be an Instrument therein, should be reputed a Capital Enemy to the Kingdom and Com∣mon-wealth: And also that whatsoever Merchant or other Person should volunta∣rily yield or pay Tonnage or Poundage, not being granted by Parliament, should be reputed a betrayer of the Liberties of England, and an Enemy to the same.

In like manner We who have been duely Chosen by the People to be Members of the Parliament that should now have Met, and have an undoubted right to Meet, Sit, and Vote in Parliament although we are oppres∣sed by force of Arms, and shut out of the usu∣al place of Parliaments sitting, yet having Hearts sensible of that highest Trust reposed in us, and being filled with cares for the Church and Common-wealth, which with grief of Heart we behold bleeding, We do hold our Selves bound in duty to God and our Coun∣trey, to declare unto the People of England their and our woful Condition, and the most evident Danger of the utter Subversion of Religion, Liberty, Right, and Proper∣ty.

We believe the Rumour is now gone through the Nation, that armed Men imploy∣ed by the Lord Protector have prevented the free Meeting and Sitting of the intended Parliament, and have forcibly shut out of Doors such Members as he and his Councel supposed would not be frighted, or flattered to betray their Countrey, and give up their Religion, Lives and Estates to be at his will, to serve his lawless Ambition. But we fear that the Slavery, Rapines, Oppressions, Cru∣elties, Murders, and Confusions that are Com∣prehended in this one Horrid Fact are not so sensibly discerned, or so much layed to Heart as the Case requires; And we doubt not but, as the Common practice of the Man hath been, the name of God, and Religion, and formal Fasts, and Prayers will be made use of to Co∣lour over the blackness of the Fact, We do therefore in faithfulness unto God, and our Countrey hereby Remonstrate.

First, That whereas by the Fundamental Laws of this Nation, the people ought not to be bound by any Laws but such as are freely Consented unto by their Chosen Deputies in Parliament, and it is a most wicked Ʋsurpa∣tion, even against the very Laws of Nature, for any Man to impose his will or Discreti∣on upon another as a Rule, unless there be some Pact, or Agreement between the Par∣ties, for that Intent. And whereas by the Mercy of God only in preserving this Funda∣mental Law and Liberty, the good People of England have beyond Memory of any Record preserved their Estates, Families, and Lives, which had otherwise been destroyed, at the will of every wicked Tyrant; and by keep∣ing this only, as their undoubted Right, they have been kept from being bruitish Slaves to the Lusts of their Kings, who would other∣wise have despoiled them of their Persons, Lives, and Estates by their Proclamations, and the Orders of themselves, and their Cour∣tiers as they pleased: and by Virtue of this their undoubted Right the People have com∣monly disputed, resisted, and made void the Proclamations of their Kings, and the Or∣ders of their Councel Table, where they have crossed the Laws unto which they have con∣sented in their Parliaments.

Now the Lord Protector hath by force of Arms invaded this Fundamental Right and Liberty, and violently prevented the meet∣ing of the People chosen Deputies in Parlia∣ment. And he and his Councel boldly de∣clare, That none of the Peoples Deputies shall meet in Parliament, unless they agree to the measure of their Fantasies, Humors, or Lusts; They now render the People such Fools, or Beasts, as know not who are fit to be trusted by them with their Lives, Estates, and Families. But he and his Councel that daily devour their Estates, and Liberties, will judge who are fit to Counsel and Ad∣vise about Laws to preserve their Estates and Liberties: Thus doth he now openly assume a power to pack an Assembly of his Confidents, Parasites, and Confederates, and to call them a Parliament, that he may thence pretend that the People have consent∣ed to become his Slaves, and to have their Persons and Estates at his discretion. And if the People shall tamely submit to such a Power, who can doubt but he may pack such a Page  641 number as will obey all his commands, and consent to his taking of what part of our Estates he pleaseth, and to impose what Yoaks he thinks fit to make us draw in.

Secondly And whereas the Parliament of England, consisting of the Peoples chosen deputies, always have been, and ought to be the Ordainers, and creators of Dignities, Offices, and Authoritys in this Nation, And have always of right exercised the power of disposing even the Kingly Office, and autho∣rity of Inlarging and Restraining the Kingly power, and of Questioning,-Making void, or Confirming all Commmissions, Proclamations, Charters, and Patents of any of our former Kings; And have Questioned, Censured, and Judged even the Persons of our Kings for a∣busing their Trusts, and invading the Peo∣ples Laws, Rights, and Libertys; And by this means the highest Officers, and the Kings themselves have acknowledged their power to be only trusted to them for the Peoples welfare; And they have always dreaded the Peoples Parliaments who could call them to an Account for any Injustice, or Violence done upon the Person, or Estate of any Man; And hereby the People were secured under the Laws from the Rapine, and Oppression of the highest Grandees, and Courtiers; Even the Kings themselves, fearing the Peoples Com∣plaints in their Parliaments, and well know∣ing the Peoples custom to choose for their De∣puties the most known Champions for their Liberties, against the Arbitrary powers, and Injustice of the Kings and their Courtiers; And none of the most wicked Kings in their highest hope to Erect a Tyranny, ever da∣ring since Members were sent to Parliaments by Elections, to throw aside by force as many of the chosen Members as they thought would not serve their Ends; They knowing it to be the undoubted Right of the people to trust whom they think fit, and as much the Right of every man duely chosen and trusted to meet and vote in Parliament without asking their leave or begging their Tickets. And al∣though here hath been frequently secret designs for many years to subvert Religion, Liberty, and Property in this Nation, and to that end the designs of Tyranny have attempted to destroy, sometimes the being, and sometimes the Power, Priviledges, and Freedom of Parliaments, yet the mercy of God hath al∣most Miraculously preserved the being, Privi∣ledges, and Authority of Parliaments, and therein Religion, Liberty, and Property, un∣till the time of the Lord Protector.

But now he hath assumed an absolute Ar∣bitrary Soveraignty (as if he came down from the Throne of God) to create in himself, and his Confederates such Powers, and Au∣thorities, as must not be under the Cogni∣zance of the Peoples Parliaments. His Pro∣clamations he declares shall be binding Laws to Parliaments themselves, he takes upon him to be above the whole body of the Peo∣ple of England, and to Judge, and Censure the whole Body, and every Member of it, by no other Rule or Law than his pleasure, as if he were their absolute Lord, and had bought all the People of England for his Slaves. Doubtless if he would pretend on∣ly to have Conquered England at his own expence, and were there as much truth as there is falsehood in that pretence, yet he could not but know that the Right of the Peoples Deputies in Parliament to their an∣tient Powers and Priviledges would remain good against him, as against their publick Capital Enemy, whom every Man ought to destroy, untill by some Agreement with the Body of the People in Parliament, some sort of Governing power in him were submit∣ted unto, that hereby he might cease to be a publick Enemy, and Destroyer, and become a King or Governour according to the Conditi∣ons accepted by the People, and if he would so pretend, he could not be so discharged from his publick Enmity by any Conditions or Agreement made with a part of the Peoples chosen Deputies, whilest he shut out the other part, for no part of the Representa∣tive body are trusted to Consent to any thing in the Nations behalf, if the whole have not their free Liberty of Debating, and Voting in the Matters propounded. If he would pre∣tend no higher than to be our Conqueror, who for Peace and his own safety sake was content to cease from being a publick Enemy, and to be admitted a Governour, he could not compass those ends by forcibly exluding (as now he hath done) whom he pleased of the Representative body of the People, who were to submit to him in the Peoples behalf; therefore either takes upon him to be such a Conquerour as scorns the Peoples acceptance of him by their Re∣presentative as their Governonr, and fears not to remain a publick Enemy, or else he takes himself to be such an unheard of Sove∣raign that against him the People have no Claim of Right, or Property in themselves, or any thing else; for he hath now declared that the Peoples choice cannot give any man a Right to Sit in Parliament, but the Right must be derived from his gracious will, and pleasure with that of his Councellors; And his Clerks Ticket only must be their Evi∣dence for it. Thus hath he exalted himself to a Throne like unto Gods, as if he were of himself, and his power from himself, and we were all made for him, to be commanded, and disposed of by him, to work for him, and serve his pleasure and ambition.

Seeing therefore this total Subversion of all Law and Right, and the Distractions, Mi∣series, Blood, and Confusions that will be the most certain Consequences of it; And withal Page  642 remembring the late Effusion of Blood upon no other Account than to secure Religion, Liberty, and Property, and the freedom, Power and Priviledges of Parliaments, as the Bulwarks thereof; and that by those ve∣ry hands who now overturn the very Founda∣tions of all Liberty, Right, and Property, and of the beings of Parliaments; and our very Souls trembling at the loud Cries of that Sea of Blood, and at the horrid Cla∣mours of the many falsified Oaths and Promi∣ses made upon the same Account.

For the acquitting of our own Souls, in the Faithful discharge of our Duties to our Countrey, in such manner as we are capable under the High oppression, We do hereby most Solemnly Remonstate and Protest unto all the good People of England.

First, That the violent exclusion by any Governour, or pretended Governour, of any of the Peoples chosen Deputies, from doing their Duties, and executing their Trust free∣ly in Parliaments, doth change the State of the People from freedom unto a meer Slave∣ry: And that whosoever hath advised, as∣sisted, or adhered unto the Lord Protector in so doing, is a Capital Enemy to the Common-wealth; And our Ancestors have so declared, and adjudged the Advisers of some of our Kings to attempts not so destructive, or dan∣gerous, as this of his; In the 11th year of Richard the Second; Chief Justice Tresilian, * and Justice Blake were Condemned of High Treason by the Parliament, and executed at Tyburn, chiefly for advising the King that he might when he pleased dissolve the Par∣liament, and command the Members to depart under the penalty of Treason. And we believe every Man can discern how much it is more mischievous for a King, or any other to command 100, 200, or 300 of the Mem∣bers to depart, and to call the rest a Parlia∣ment, to give Countenance to his Oppression.

If our Kings might have Commanded away from the Parliaments, all such Persons of Conscience, Wisdom, and Honour, as could not be corrupted, frighted, nor couzened by them to betray their Countrey, our Ancestors could not have left us either Liberties, or Estates to defend.

Secondly, We do further likewise pro∣test, That all such chosen Members for a Par∣liament as shall take upon them to approve of the forcible exclusion of other chosen Mem∣bers, or shall Sit, Vote, and Act by the name of the Parliament of England, while to their knowledge many of the chosen Members are so by Force shut out, We say such ought to be reputed Betrayers of the Liberties of Eng∣land, and Adherents to the Capital Ene∣mies of the Common-wealth.

Thirdly, We do hereby further protest, That the present Assembly at Westminister is not the Representative Body of England, and also that they sit under the daily awe, and terror of the Lord Protectors armed Men, not daring to Consult, or debate free∣ly the great Concernments of their Countrey: nor daring to oppose his Ʋsurpation, and Op∣pression; And that therefore until there can be a free Parliament, we do protest against all such Votes, Orders, Ordinances, or Laws as shall be pretended to be made, or Enacted by the present Assembly at Westminster, as being Null, and Void in themselves, and of no legal Effect, or power. Neither can any of them according to the Laws of God, or the Fundamental Constitutions of our Countrey, be imposed upon any Man, neither can Tax or Tallage be justly, or lawfully raised by them.

And to avoid all further vain pretences of a necessity at present to act in extraordi∣nary ways for present Safety, we do further declare, That a free Parliament is the only Judge of such dangers, and necessities of this Common-wealth, as may warrant any extra∣ordinary acting besides or against the Laws; and if the Kingly power that was in Eng∣land, were lawfully settled in the Lord Pro∣tector, yet he had no colour of Right to Judge of the Cases of necessity, that should make it lawful for him to transgress the known Laws; But by the known Judgment of Par∣liaments, those that should so advise him were guilty of High-Treason.

We do therfore Appeal unto God, and all the good People of England for Assistance, and Protection in their service, hereby decla∣ring our readiness, and earnest desires to at∣tend upon our Countreys service, Expose our Lives and Estates to the uttermost hazards therein, to prevent the ruin and Confusion that now threatens it; if it shall please God to Enable them to redeem themselves from the present oppession, That their chosen De∣puties may meet and Consult how to advance the Glory of God, promote the true Religion, and provide for the Safety, Liberty, Peace and Happiness of the Common-wealth. And in the Interim we shall endeavour to pour out oursad Complaints before the Lord against our powerfull Oppressors, humbly hoping that he will come forth speedily, to redeem his people out of the hands of wicked and de∣ceitful men.

Arthur Haslerig, Thomas Scot, Her∣bert Morley, John Bulkley, John Birch, George Fenwick, Anthony Earby, Tho∣mas Lyster, Thomas Birch, Thomas Saun∣ders, Henry Darly, John Weaver, Alexan∣der Popham, John Goodwyn, Francis Page  643 Thorpe, Anthony Ashley-Cooper, John Southby, Richard Greenhill, Thomas A∣dams, Richard Browne, Richard Darly, Thomas St. Nicholas, William James, John Boyse, Charles Hall, John Jones, William Wolley, Richard Radcliffe, William Sa∣ville, Theophilus Biddolph, Henry Mild∣may, Harbottle Grimstone, William Wel∣by, Charles Hussey, Edmund Harvey, John Sicklemore, William Doyly, Ralph Hare, John Hubbard, Oliver Raymond, Jeremy Bentley, Philip Woodhouse, John Buxton, William Bloyle, William Gibbs, Thomas Southerton, Thomas Bowes, Ed∣ward Harloe, John Hanson, Clement Throckmorton, Daniel Wall, Henry Worth, Richard Luey, John Witrong, George Courthop, Samuel Got, John Buck∣land, Robert Long, John Northcott, John Young, John Dodderida, Henry Hunger∣ford, Salisbury, Edward Yooker, William Morris, John Hale, Edward Turner, Chal∣loner Chute, Daniel Shatterden, Thomas Styles, Richard Beale, John Scylliard, Wal∣ter Moyle, Walter Vinsent, John Gell, Hen∣ry Atlington, Henry Tempest, James Cla∣vering, John Stanhop, Peneston Whaley, Abel Barker, Samuel Moore, Thomas Mi∣ners, John Bowyer, Samuel Jones, John Aston, Richard Hinton, Andrew Lloyd, Edward Hooper, Richard Wyren, John Fagg, Thomas Rivers, Henry Peckham, Charles Lloyd, John Thurlane, William Fisher, John Gore, Rowland Litton.

[23.] The House ordered, that no Private Petition should be read in the House for a month, and that no Petition presented to the Parliament be printed before it is read in the House.

[24.] The fast day.

[26.] The Bill Intituled, An Act for Re∣nouncing and disannulling the pretended Title of Charles Stuart &c. was read the Third time, and passed.

[29.] Several members being absent, the House ordered, That all persons that have been or shall be approved, do attend on Mun∣day next.

Alderman Tichburn was chosen Lord Mayor of the City of London.