X. wealth. themselves or their dependents; and in many of their votes gave CHAP. occasion to such charges of injustice and partiality, as, whether true or false, will attach to a body of men so obviously self-inte- Commonrested *. It seems to be a pretty general opinion, that a popular assembly is still more frequently influenced by corrupt and dishonest motives in the distribution of favours, or the decision of private affairs, than a ministry of state; whether it be, that it is more probable, that a man of disinterestedness and integrity may in the course of events rise to the conduct of government, than that such virtues should belong to a majority; or that the clandestine management of court corruption renders it less scandalous, and more easily varnished, than the shamelessness of parliamentary iniquity. The republican interest in the nation was almost wholly composed of two parties, both off-shoots deriving strength from the great stock of the army; the levellers, of whom Lilburne and Wildman are the most known, and the Anabaptists, fifth monarchymen, and other fanatical sectaries, headed by Harrison, Hewson, Overton, and a great number of officers. Though the sectaries seemed to build their revolutionary schemes more on their own religious views than the levellers, they coincided in most of their One of their most scandalous acts was the sale of the earl of Craven's estate. He had been out of England during the war, and could not therefore be reckoned a delinquent. But evidence was offered that he had seen the king in Holland, and upon this charge, though he petitioned to be heard, and, as is said, indicted the informer for perjury, whereof he was convicted, they voted by 33 to 31 that his lands should be sold; Haslerig, the most savage zealot of the whole faction, being a teller for the ayes, Vane for the noes. Journals, 6th March, 1651, and 22d June, 1652. State Trials, v. 323. On the 20th of July in the same year, it was referred to a committee, to select thirty de linquents whose estates should be sold for CHAP. objects and demands *. An equal representation of the people X. in short parliaments, an extensive alteration of the common law, Common- the abolition of tithes, and indeed of all regular stipends to the wealth. ministry, a full toleration of religious worship, were reformations which they concurred to require, as the only substantial fruits of their arduous struggle. Some among the wilder sects dreamed of overthrowing all civil institutions. These factions were not without friends in the commons. But the greater part were neither inclined to gratify them, by taking away the provision of the church, nor much less to divest themselves of their own authority. They voted, indeed, that tithes should cease as soon as a competent maintenance should be otherwise provided for the clergy. They appointed a commission to consider the reformation of the law, in consequence of repeated petitions against many of its inconveniences and abuses; who, though taxed of course with dilatoriness by the ardent innovators, suggested many useful improvements, several of which have been adopted in more 15th Jan. 1651-2. There had been a pro- * Mrs. Hutchinson speaks very favour- never guilty of desiring, but were men of just and sober principles, of honest and religious ends, and were therefore hated by all the designing self-interested men of both factions. Colonel Hutchinson had a great intimacy with many of these, and so far as they acted according to the just, pious, and public spirit which they professed, owned them and protected them as far as he had power. These were they who first began to discover the ambition of Lieut. Gen. Cromwell and his idolaters, and to suspect and dislike it." p. 285. + Whitelock, 399. 401. The levellers rose in arms at Banbury and other places, but were soon put down, chiefly through the energy of Cromwell, and their ringleaders shot. It was referred to a committee, 29th April, 1652, to consider how a convenient and competent maintenance for a godly and able ministry may be settled, in lieu of tithes. A proposed addition, that tithes be paid as before till such maintenance be settled, was carried by 27 to 17. X. wealth. regular times, though with too cautious delay *. They proceeded CHAP. rather slowly and reluctantly to frame a scheme for future parliaments; and resolved that they should consist of 400, to be Commonchosen in due proportion by the several counties, nearly upon the model suggested by Lilburne, and afterwards carried into effect by Cromwellt. It was with much delay and difficulty, amidst the loud murmurs of their adherents, that they could be brought to any vote in regard to their own dissolution. It passed on Nov. 17, 1651, after some very close divisions, that they should cease to exist as a parliament on Nov. 3, 1654+. The republicans out of doors, who deemed annual, or at least biennial parliaments essential to their definition of liberty, were indignant at so unreasonable a prolongation. Thus they forfeited the good-will of the only party on whom they could have relied. Cromwell dexterously. aggravated their faults; he complained of their delaying the settlement of the nation; he persuaded the fanatics of his con Journals, 19th Jan. 1652. Hale was 11th, when the committee was ordered to the first named on this commission, and meet next day, and so de die in diem, and to took an active part: but he was associated give an account thereof to the house on with some furious levellers, Desborough, Tuesday come fortnight. All that came Tomlinson, and Hugh Peters, so that it is to have voices, but the special care thereof hard to know how far he concurred in the commended to sir Henry Vane, colonel alterations suggested. Many of them, how- Ludlow, and Mr. Robinson. We find ever, seem to bear marks of his hand. nothing farther till Jan. 3d, 1650, when Whitelock, 475. 517. 519. 820. et alibi. the committee is ordered to make its report There had been previously a committee for the next Wednesday. This is done acthe same purpose in 1650. See a list of the cordingly, Jan. 9, when sir H. Vane reports acts prepared by them in Somers Tracts, the resolutions of the committee, one of vi. 177; several of them are worthy of which was, that the number in future parattention. Ludlow, indeed, blames the liaments should be 400. This was carried, commission for slowness, but their delay after negativing the previous question in a seems to have been very justifiable, and committee of the whole house. They protheir suggestions highly valuable. It even ceeded several days afterwards on the same appears that they drew up a book contain- business. book contain- business. See also Ludlow, See also Ludlow, p. 313. 435. ing a regular digest or code, which was ordered to be printed. Journals, 20th Jan. 1653. A committee was named, 15th May, 1649, to take into consideration the settling of the succession of future parliaments and regulating their elections. Nothing more appears to have been done till Oct. VOL. II. Two divisions had taken place, Nov. 14 (the first on the previous question), on a motion, that it is convenient to declare a certain time for the continuance of this parliament, 50 to 46, and 49 to 47. On the last division, Cromwell and St. John were tellers for the ayes. X. Common wealth. CHAP. currence in their own schemes; the parliament in turn conspired against his power, and, as the conspiracies of so many can never be secret, let it be seen that one or other must be destroyed; thus giving his forcible expulsion of them the pretext of self-defence. They fell with no regret, or rather with much joy of the nation, except a few who dreaded more from the alternative of military usurpation or anarchy, than from an assembly which still retained the names and forms so precious in the eyes of those who adhere to the ancient institutions of their country*. It was now the deep policy of Cromwell to render himself the sole refuge of those who valued the laws, or the regular ecclesiastical ministry, or their own estates, all in peril from the mad enthusiasts who were in hopes to prevail. These he had admitted into that motley convention of one hundred and twenty persons, sometimes called Barebone's parliament, but more commonly the little parliament, on whom his council of officers pretended to devolve the government, mingling them with a sufficient proportion ofa superior class, whom he could direct. This assembly took care *Whitelock was one of these, and being at that time out of Cromwell's favour, inveighs much against his destruction of the power from which he had taken his commission, p. 552, 554. St. John appears to have concurred in the measure. In fact, there had so long been an end of law, that one usurpation might seem as rightful as another. But, while any house of commons remained, there was a stock left from which the ancient constitution might possibly germinate. Mrs. Macauley, whose lamentations over the Rump did not certainly proceed from this cause, thus vents her wrath on the English nation: "An acquiescence thus universal in the insult committed on the guardians of the infant republic, and the first step towards the usurpation of Cromwell, fixes an indelible stain on the character of the English, as a people basely and incorrigibly attached to the sovereignty of individuals, and of natures too ignoble to endure an empire of equal laws," vol. v. p. 112. + Harrison, when Ludlow asked him why he had joined Cromwell to turn out the parliament, said, he thought Cromwell would own and favour a set of men who acted on higher principles than those of civil liberty, and quoted from Daniel, "that the saints shall take the kingdom and possess it." Ludlow argued against him; but what was argument to such a head? Mem. of Ludlow, p. 565. Not many months after, Cromwell sent his coadjutor to Carisbrook castle. Hume speaks of this assembly as chiefly composed of the lowest mechanics. But this was not the case; some persons of inferior rank there were, but a large proportion of the members were men of good family, or at least military distinction, as the list of the names in the Parliamentary History is sufficient to prove; and Whitelock remarks, it was much wondered at by some, that these gentlemen, many of them being persons of fortune and knowledge, would at this summons, and from those X. wealth. to avoid the censure which their predecessors had incurred, by CHAP. passing a good many bills, and applying themselves with a vigorous hand to the reformation of what their party deemed the most Commonessential grievances, those of the law and of the church. They voted the abolition of the court of Chancery, a measure provoked by its insufferable delay, its engrossing of almost all suits, and the uncertainty of its decisions. They appointed a committee to consider of a new body of the law, without naming any lawyer upon it*. They nominated a set of commissioners to preside in courts of justice, among whom they with difficulty admitted two of that profession +; they irritated the clergy, by enacting, that marriages should be solemnized before justices of the peace ‡ ; they alarmed them still more, by manifesting a determination to take away their tithes, without security for an equivalent maintenance §. Thus having united against itself these two powerful bodies, whom neither kings nor parliaments in England have in general offended with impunity, this little synod of legislators was ripe for destruction. Their last vote was to negative a report of their own committee, recommending that such as should be approved as preachers of the gospel should enjoy the maintenance already settled by law; and that the payment of tithes, as a just property, hands, take upon them the supreme authority of this nation, p. 559. With respect to this, it may be observed, that those who have lived in revolutions find it almost necessary, whether their own interests or those of their country are their aim, to comply with all changes, and take a greater part in supporting them, than men of inflexible consciences can approve. No one felt this more than Whitelock, and his remark in this place is a satire upon all his conduct. He was at the moment dissatisfied, and out of Cromwell's favour, but lost no time in regaining it. * Journals, 19th Aug. This was carried by 46 to 38 against Cromwell's party. Yet Cromwell, two years afterwards, published an ordinance for regulating and limiting the jurisdiction of chancery; which |