tence of qualification in him, you may send him to prison without more ado. Whether you think fit to do so or no, is parliamentary business: - I do but hint it to you. I believe, If any man had sat in former Parliaments without, for instance,' taking the oaths &c. that were prescribed, it would have been fault enough in him. I believe something of that kind, instead of your Forty-one Commissioners,' might be equivalent to any other way, if not better.

[The Honourable House does not want any more concern with Nathaniel Tayler and his Certificates. This Paragraph remains unaltered. Forty-one Commissioners, Fifteen a quorum; future Parliaments to name a future set when they like: the Examinations as to Members are to be by oath of informer in writing, with copies left &c., and rigorous enough formalities. Let us now glance at Article Fifth:

"Article Fifth relates to the 'Other House;' a new House of "Lords we are getting up. Not more than Seventy of them, "not fewer than Forty: they are to be nominated by our High"ness and approved by this House: all classes excluded by the "preceding Article from our body are of course excluded from "theirs." His Highness has a remark to make on this also.]

*

In that Article, which I think is the Fifth Article [Yes], which concerns the Nomination of the Other House, in the beginning of that Article it stands, That the House is to be nominated as you there design it, and the approbation is to be from This House, I would say, from the Parliament. It stands so. But then now, if any shall be subsequently named, after the Other House is sat, upon any accidental removal or death, you do not say 'How.' Though it seems to refer to the same 'rule' as the first 'original' selec44 as you there design it; " polite for "by me."

tion doth; yet it doth not so clearly intimate this, That the nomination shall be, where it was, with the Chief Officer,* and the approbation of the "Other House." If I do express clearly what you Pardon me: but I think that is the aim of it; and it is not clearly expressed there; as I think you will be able to judge whether it be or no.

[Article Fifth ruled as his Highness wishes. And now take Article Seventh:

"Article Seventh promises, but does not say how, that there "shall be a yearly Revenue of 1,300,000.; one million for Navy "and Army, 300,000l. for the support of the Government. No "part of it by a Land-tax. Other temporary supplies to be "granted by the Commons in Parliament, and neither this "Revenue nor any other charge whatever to be laid upon the "subject except according to the Parliament's direction and "sanction." Such yearly Revenue the Parliament promises in this Petition and Advice, but does not specify in what way it shall be raised: which omission also his Highness fails not to comment on.]

In the Seventh Article, which concerns the Revenue, that is, the Revenue which you have appointed for the Government; wherein you have distributed Three-hundred-thousand pounds of it to the Maintenance of the Civil Authority, and One-million to the maintenance of your Forces by Sea and Land:

you

have indeed in your Instrument said so, 'that there shall be such a Revenue,' and we cannot doubt of it: but yet you have not made it certain; nor yet those "temporary supplies" which are intended for the peace and safety of the Nations. It is desired, That you will take this into your thoughts, and make the general

* Cannot say "me."

and temporary allowances of Revenue certain, both as
to the sum and to the times those "supplies" are to be
continued. [Let us know what ground we stand on.] And
truly I hope I do not curry favour with you: but an-
other thing is desired, and I may very reasonably de-
sire it, That these moneys, whatever they are; that
they may not, if God shall bring me to any interest in
this business,* as lieth at His disposal; that these
moneys, 'I say,' may not be issued out by the autho-
rity of the Chief Magistrate, but by the advice of his
Council. You have made in your Instrument a coör-
dination of Council and Chief Magistrate' in general
terms: 'but I could wish' that this might be a specified
thing, That the moneys were not to be distributed
'except by authority of both.' It will be a safety to
whosoever is your Supreme Magistrate, as well as a
security to the Public, That the moneys be issued out
by advice of the Council, and that the Treasurers who
receive these moneys be accountable every Parliament,
within a certain time limited by yourselves; 'that'
every new Parliament, the Treasurer be accountable
to the Parliament for the disposing of the Treasury.

["Article Ninth: Judges, Principal Officers of State, Com"manders-in-chief by Sea or Land, all chief Officers civil and "military, 'are to be approved-of by both Houses of Parlia"ment.""]

There is mention made of the Judges in your Ninth Article. It is mentioned that the Officers of State and the Judges are to be chosen with the approbation of Parliament. But now if there be no Parliament sitting, should there be never so great a loss of Judges, it

* If I live, and continue to govern.
L

Carlyle, Cromwell. IV.)

8

ARD

cannot be supplied. And whether you do not intend that, in the intervals of Parliament, it should be by the choice [Omit "of the Chief Magistrate," or politely mumble it into indistinctness], with the consent of the Council; to be afterwards approved by Parliament?

-

[Certainly, your Highness; reason so requires it. Be it tacitly so ruled. And now for Article Twelfth:

66

-

"Article Twelfth (Let us still call it Article Twelfth, though "in the ultimate Redaction it has come to be marked Thir 'teenth): - Classes of persons incapable of holding any office. "Same, I think, as those excluded from elections, only there "is no penalty annexed. His Highness makes some remarks "upon this, under the Title of Article Twelfth;". a new "article introduced for securing Purchasers of Church Lands, "which is now Article Twelfth, has probably pushed this "into the Thirteenth place."]

The Twelfth Article relates to several qualifications that persons must be qualified with, who are put into places of Public Office and Trust. [Treats all of DISqualifications, your Highness; which, however, comes to the same thing.] Now if men shall step into Public Places and Trust who are not so qualified, 'I do not see but hereby still' they may execute them. "Office of Trust" is a very large word; it goeth almost to a Constable, if not altogether; it goeth far. Now if any shall come-in who are not so qualified, they certainly do commit a breach upon your rule: and whether you will not think in this case that if any shall take upon him an Office of Trust, there shall not some Penalty be put upon him, where he is excepted by the general rule? Whether you will not think it fit in that respect to deter men from accepting Offices and Places of Trust, contrary to that Article?

* Whitlocke, p. 659.

[Nothing done in this. The "Penalty," vague in outline but all the more terrible on that account, can be sued-for by any complainant in Westminster Hall.

"Article Thirteenth suddenly provides that your Highness "will be pleased to consent that 'Nothing in this Petition and “Advice, or the assent thereto, shall be construed to extend to "—the dissolving of this present Parliament!"" - "Oh, no!” answers his Highness in a kind of bantering way; "not in the least!"

*

The next 'Article' is fetched, in some respects, I may say, by head and shoulders into your Instrument! Yet in some sense it hath an affinity 'with the rest, too;' I may say, I think it is within your general scope upon this account; 'yes,' I am sure of it: There is mention made in the last parts of your Instrument [Looking in the Paper; Article Eighteenth] of your purpose to do many good things: - I am confident, not like the gentleman who made his last will, and set down a great number of names of men who were to receive benefit by him, and there was no sum at the latter end! ["You cannot do these 'many good "things' if I dissolve you! That will be a Will, with "many beneficiary legatees, and no sam mentioned at the แ end!" His Highness wears a pleasant bantering look; to which the countenances of the others, even Bulstrode's leaden countenance, respond by a kind of smile.]

I am confident you are resolved to deal effectually in these things at the latter end; and I should wrong my own conscience if I thought otherwise. I hope you will think sincerely, as before God, "That the Laws be regulated!"** I hope you will. I hope you will. We have been often talking of them: and I remember well, at the

"order" in orig.

** One of their concluding promises (Article Eighteenth).