for members, are not approved; and why they are not admitted to come into the house.' Accordingly on Monday, the 22d of September, The lord commiffioner Fienes reported by word of mouth, from the council, their answer to the order made by the house, to thiș effect: Whereas the parliament did defire the council to give unto them, their reasons, why those members who are returned for the feveral counties and boroughs for members are not approved; and why they are not admitted into the house; the council have ⚫ commanded me to return this humble answer: That whereas by a claufe in the government it is ordered, that the clerk, called the clerk of the commonwealth, &c. as in the one and twentieth article; and by another claufe in the government, it is ordained, That the perfons who fhall be elected to ferve in parliament, fhall be fuch, as are perfons of known integrity, fearing God, and of good converfation: That the council in purfuance of their duty, and according to the truft repofed in them, have examined the faid returns, and have not refufed to approve any who have appeared to them to be perfons of integrity to the government, fearing God, and of good converfation: and those who are not approved, his highness bath given order to fome perfons to take care that they do not come into the houfe. This was very plain language, and perfectly well underftood by the members. As it appeared therefore in vain to contend with the mafter of legions, as there might be little difpofition, it was refolved on the queftion by a majority of 125 to 29, That the perfons who have been returned, from the feveral counties, cities, and boroughs, to ferve in this parliament, and have not been approved, be referred to make their application to the council for an approbation; and that the houfe do proceed (Journals. with the great affairs of the nation (i).' Thus ended this affair in parliament. But the fecluded members, far enough from being fatisfied with this determination, made an appeal to the public in a remonftrance which does honor to their courage and abilities. Some parts of it I will here infert.

· We

We believe, fay they, the rumour is now gone through the nation, that armed men imployed by the Lord Protector have prevented the free meeting and fitting of the intended parliament, and have forcibly fhut out of doors fuch members as he and his council fup* pofe would not be frighted, or flattered to betray their country, and give up their religion, lives and estates to be at his will, to ferve his lawless ambition. But we fear that the flavery, rapines, oppreffions, cruelties, murders and confufions that are comprehended in this one horrid fact, are not fo fenfibly difcerned, ⚫ or so much laid to heart as the cafe requires; and we doubt not but, as the common practice of the man hath been, the name of God, and religion, and formal fafts and prayers, will be made ufe of to colour over the blackness of the fact; we do therefore in * faithfulness unto God, and our country hereby remon• ftrate; 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 confented unto by their deputies in parliament, and it is a moft wicked ufurpation, even against the very laws of nature, for any man to impose his will or difcretion upon another as a rule, unless there be fome pact, or agreement between the parties for that intent. And whereas by the mercy of God only in preferving the fundamental law and liberty, the good people of England have beyond memory of any record preferved their eftates, families and lives, which had been otherwife destroyed, at the will of every wicked tyrant; and by keeping this only, as their undoubted right, they have ⚫ been kept from being brutish slaves to the lufts of their kings, who would otherwife have defpoiled them of their perfons, lives, and eftates, by their proclamations, and the orders of themselves, and their courtiers as they pleased: and by virtue of this their undoubted right the people have commonly difputed, refifted, and made void the proclamations of their kings, and the orders of their council-table, where 4 they have croffed the laws unto which they have • confented in their parliaments. Now the Lord Pro

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te or hath by force of arms invaded this fundamental right and liberty, and violently prevented the meeting of the peoples chofen deputies in parliament. And he and his council boldly declare, That none of the peoples deputies fhall meet in parliament, unless they agree to the mcafure of their phantafies, humours, or lufts; they now render the people fuch fools or beafts, as know not who are fit to be trufted by them with their lives, cftates, and families. But he and his council that daily devour their eftates, and liberties, will judge who are fit to counsel and advife about laws to preferve their eftates and liberties: thus doth he now openly aflume a power to pack an aflembly of his confidents, parafites and confederates, and to call them a parliament, that he may thence pretend that the people have confented to become his flaves, and to have their perfons and eftates at his difcretion. And if the people fhall tamely fubmit to fuch a power, who can doubt but he can pack such a number as will obey all his commands, and confent to his taking of what part of our eftates he pleafeth, and to impofe what yokes he thinks fit to make us draw in. Secondly, And whereas the parliament of England, confiftig of the pcoples chofen deputies, always have been, and ought to be the ordainers, and creators of dignities, offices, and authorities in this nation, and have always of right exercifed the power of difpofing even the kingly office, and authority of enlarging and retraining the kingly power, and of queftioning, making void, or confirming all commiffions, proclamations, charters, and patents of any of our former kings; and have queftioned, cenfured and judged even the perfons of our kings for abufing their trufts, and invading the peoples laws, rights, and liberties; and by this means the higheft officers, and the kings themselves have acknowledged their power to be only trufted to them for the peoples welfare; and they have always dreaded the peoples parliaments who could call them to an account for any injuftice, or violence done upon the perfon, or estate of any man; and hereby the people were fecured un• der

der the laws from the rapine, and oppreffion of the highest grandees, and courtiers; even the kings themfelves, fearing the peoples complaints in their parliaments, and well knowing the peoples cuftom to choofe for their deputies the moft known champions. for their liberties, against the arbitrary powers, and injuftice of the kings and their courtiers; and none of the most wicked kings in their highest hope to erect a tyranny, ever daring fince members were fent to parliaments by elections, to throw afide by force as many of the chofen members as they thought would not ferve their ends; they knowing it to be the undoubted right of the people to truft whom they think fit, and as much the right of every man duly chofen and trufted to meet and vote in parliament without alking their leave or begging their tickets. And although here hath been frequently fecret defigns for many years to fubvert religion, liberty and property in this nation, and to that end the defigns of tyranny have attempted to deftroy, fometimes the being, and fometimes the power, privileges and freedom of parliaments, yet the mercy of God hath almoft miraculously preferved the being, privileges and authority of parliaments, and therein religion, liberty and property, until the time of the Lord Protector. But now he hath affumed an abfolute arbitrary fovereignty (as if he came down from the throne of God) to create in himself, and his confederates, fuch powers and authorities, as must not be under the cognizance of the peoples parliaments. His proclamations he declares thall be binding laws to parliaments themfelves, he takes upon him to be above the whole body of the people of England, and to judge and cenfure the whole body, and every member of it, by no other rule or law than his pleafure, as if he were their abfolute lord, and had bought all the people of England for his flaves. Doubtlefs, if he would pretend only to have conquered England at his own expence, and were there as much truth as there is falfhood in that pretence, yet he could not but know that the right of the peoples deputies in parliament to their Hh 4

• antient

antient powers and privileges, would remain good against him, as against their publick capital enemy, whom every man ought to deftroy, until by fome agreement with the body of the people in parliament, fome fort of governing power in him were fubmitted unto, that hereby he might cease to be a publick enemy and destroyer, and become a king or governor according to the conditions accepted by the people, and if he would fo pretend, he could not be fo difcharged from his publick enmity by any conditions or agreement made with a part of the peoples chofen deputies, whilft he fhut out the other part; for no part of the reprefentative body are trufted to confent to any thing in the nation's behalf, if the whole have not their free liberty of debating, and voting in the mat⚫ters propounded. If he would pretend no higher than to be our conqueror, who for peace and his own fafe<ty's fake was content to ceafe from being a publick enemy, and to be admitted a governor, he could not compass those ends by forcibly excluding (as now he hath done) whom he pleafed of the reprefentative body of the people, who were to fubmit to him in the people's behalf; therefore either takes upon him to be fuch a conqueror as fcorns the peoples acceptance of him by their reprefentative as their governor, and fears not to remain a publick enemy, or elfe he takes himfelf to be fuch an unheard-of fovereign, that againft him the people have no claim of right, or pro'perty in themselves, or any thing elfe; for he hath • now declared that the people's choice cannot give any man a right to fit in parliament, but the right muft be ⚫ derived from his gracious will and pleasure, with that of his counsellors; and his clerks ticket only must be their evidence for it. Thus hath he exalted himself to a throne like unto God's, as if he were of himself, and his power from himself, and we were all made for him, to be commanded and difpofed of by him, to work for him, and ferve his pleasure and ambition. Seeing therefore this total fubverfion of all law and right, and the diftractions, miferies, blood and confufions, that will be the most certain confequences of

• it,