gatherings of people.1 Fighting a duel upon which death should ensue was adjudged to be murder. Challenges, and the conveyance of them, were made punishable.2 The Commissioners of Customs, and other officers, received authority to suppress drunkenness and profane swearing amongst all people employed in their departments.

These laws rested on the authority of the Protector and his Council; and the resolutions enacting them can be traced in the order-books of that small but potent assembly. When we turn to these records, we discover numerous proofs and illustrations of the supreme power which was exercised in this way over ecclesiastical causes. Decisions respecting titles to Church livings, and the augmentation of poor benefices, and for the payment of sums to poor clergymen, frequently appear in those interesting minutes.3

1 At an earlier period, it is remarked in a letter in the State Paper Office, dated 10th of May, 1650: "I received notice of a meeting of my Lord Beauchamp and Sir Arundell, and many others, at Salisbury, upon pretence of being at a race, but purposely to treat of the King's business."

The dates of these ordinances are March 31st, July 4th, June 29th, 1654.-See Scobell.

In these books there occurs an order for the enforcement of arrears of rent due to Dr. Wyniffe, Bishop of Lincoln, before the 9th of November, 1646;-and a reference of the petition of Mrs. Cosin, wife of the Dean of Peterborough, respecting

her claims upon the fifths of the income of the rectory of Brancepeth, Durham, held by her husband, to Sir George Vane and others, who, if possible, were to adjust this dispute with the incumbent, Mr. Leaver. If not, they were to report to the Council accordingly.

There is an order on the 3rd of July, 1654, for exempting from excise duty so much paper used in printing the Bible, in the original and other learned languages, as shall make up 7,000 pounds."

It is remarkable what an unusual number of orders belong to the 2nd of September, 1654, the day before Cromwell met his first Protectorate Parliament.

A

CHAPTER V.

LL the ecclesiastical legislation of the first nine months of the Protectorate had been in the form of ordinances, framed mainly by the genius, and resting principally on the authority, of the Protector. In the autumn of 1654, he summoned his first Protectorate Parliament; and in our notices of its proceedings will be discovered the introduction of measures by certain ecclesiastical parties for modifying the platform of the Broad Establishment which he had laid down in the articles of government.

The elections met with little interference from the Protector and his Council. Glyn, and a large number of Presbyterians, took their seats. Neither Vane nor Marten were returned. Dr. Owen, Vice-Chancellor of Oxford, was elected for the University.

The members assembled on the 3rd of September. It was, we are told, the Lord's Day, and they met "in the temple of the Lord," at Westminster; "and the first work they began was to seek the face of the most high God and Eternal Protector of Heaven, by prostrating themselves before Him in His Divine ordinances." On Monday, his Highness went to Westminster-regally attended by life guards, pages, and lackeys, and, upon

alighting at the door of the abbey, he proceeded to take his seat over against the pulpit, "Members of Parliament sitting on both sides." Goodwin preached a sermon on "the deliverance out of Egypt and the pilgrimage towards Canaan through the wilderness"-which so gratified Cromwell, that he repeatedly referred to it in the speech with which he opened the Parliament, and indeed the spirit of it pervaded the whole of that address.1

This speech indicates that the Protector was environed by difficulties arising from Presbyterians, Ultra-voluntaries, and Fifth Monarchy men. In the estimation of the first of these classes he advanced beyond; in the judgment of the last two he lagged behind, the leadings of Divine truth. Not a theorist, but a practical man-in steering a middle course, he did, as all such statesmen must do, provoke violent opposition in partisans on the right hand and the left. His method of ecclesiastical government, as it appears in his own speeches and proceedings-not as we find them sometimes represented in the generalizations of historical writers—will no more satisfy some of the ecclesiastical reformers, or some of the ecclesiastical conservatives of

parson that prayed this morning, it was moved that something should be done as to matter of religion. And in order thereunto, it was resolved that the several members of each county should present the name of one godly and able minister of the Gospel for each county, to be approved of by the House, who should meet together, and present their advice to the Parliament, in such points only as the Parliament should propose to them; the names to be presented upon Friday next." -Cromwellian Diary, i. p. xxvii.

our own day, than it satisfied similar classes under his own Commonwealth.

Haselrig, the impetuous republican, and Harrison, the religious visionary, both disliked the Protector's authority. The former reluctantly submitted to it, but the latter, being more obstinate, could be subdued only by military apprehension and a brief imprisonment.1 Afterwards, when his Highness required Members of Parliament to declare their acceptance of certain fundamental principles of government, many of the Republicans withdrew, leaving the Presbyterians in a decided majority.

Debates arose on the new constitution and in the course taken by the House respecting the ecclesiastical bearings, of that constitution the strength of the Presbyterian party appeared manifest. The Instrument of December, 1653, in prescribing the religious qualifications of Members of Parliament, only stated that they must be of "known integrity," having "the fear of God and a good conscience."2 But in the month of November, 1654, when the articles of that Instrument came under review, it was resolved that no one should be eligible to a seat who entertained any of the opinions specified in the Act of the 9th of August, 1650; or who should so far sympathize with Popery as to marry a Papist, or consent to his child being educated in that religion; or who should deny the Scriptures to be the Word of God, or sacraments, prayer, the magistracy, or the ministry, to be Divine ordinances; or who should be guilty of profaning the Lord's Day, or of committing certain immoralities. It seems incredible, yet it is a fact, that the resolution

1 Godwin's Commonwealth, iv. 129.
2 Article xvii.

which enumerates such as were excluded, specifies those who should thereafter drink healths.1

Following the example of the Long Parliament, the House now resolved to exclude spiritual persons from secular authority. To all public ministers of religion was applied the principle which had swept the bishops out of the House of Lords. It was determined that the Act of 1642, for disabling persons in holy orders to exercise temporal jurisdiction, should be in force, so as to prevent all public ministers and preachers of the Gospel from serving in Parliament.2

The Presbyterians wished to limit the toleration prescribed in the Articles of 1653. The matter was found. more difficult than any which had been previously propounded for consideration. Accordingly, a sub-committee was appointed to wait upon the Lord Protector, and to advise with him about some probable means of reconcilement. The Committee found no favour in the eyes of his Highness. He evidently had no wish to see the liberty of his subjects circumscribed by minute specifications of doctrines. He told the members he was wholly dissatisfied with what they were about-that he had no "propensity" to it-that the Parliament had already taken the instrument of Government to pieces, and had made alterations without his advice-and it did not become him to counsel them in this particular, apart from the other articles contained in the instrument.3. Yet certain Divines were appointed to explain what was meant