1654. CHA P. the ancient laws, which at this time was become faLXI. miliar, but one to which no custom or precedent could reconcile the nation. Juries were found altogether unmanageable. The restless. Lilburn, for new offences, had been brought to a new trial; and had been acquitted with new triumph and exultation. If no other method of conviction had been devised during this illegal and unpopular government, all its enemies were assured of entire impunity. 3d of Sep tember. liament. ment. THE protector had occasion to observe the preA new par- judices entertained against his government, by the disposition of the parliament, which he summoned on the third of September, that day of the year on which he gained his two great victories of Dunbar and Worcester, and which he always regarded as fortunate for him. It must be confessed, that, if we are left to gather Cromwel's intentions from his instrument of government, it is such a motley piece, that we cannot easily conjecture, whether he seriously meant to establish a tyranny or a republic. On one hand, a first magistrate, in so extensive a government, seemed necessary both for the dignity and tranquillity of the state; and the authority, which he assumed as protector, was, in some respects, inferior to the prerogatives, which the laws entrusted and still entrust to the king. On the other hand, the legislative power, which he reserved to himself and council, together with so great an army, independent of the parliament, were bad prognostics of his intention to submit to a civil and legal constitution.. But if this were not his intention, the method in which he distributed and conducted the elections, being so favourable to liberty, forms an inconsistency which is not easily accounted for. He deprived of their right of election all the small boroughs, places the most exposed to influence and corruption. Of 400 members, which represented England, 270 were chosen by the counties. The rest were elected by London, and the more LXI. more considerable corporations. The lower po- CHAP. pulace too, so easily guided or deceived, were excluded from the elections: An estate of 200 pounds 1654. value was necessary to entitle any one to a vote. The elections of this parliament were conducted with perfect freedom; and, excepting that such of the royalists as had borne arms against the parliament and all their sons were excluded, a more fair representation of the people could not be desired or expected. Thirty members were returned from Scotland; and as many from Ireland. THE protector seems to have been disappointed, when he found that all these precautions, which were probably nothing but covers to his ambition, had not procured him the confidence of the public, Though Cromwel's administration was less odious to every party than that of any other party, yet was it entirely acceptable to none. The royalists had been instructed by the king to remain quiet, and to cover themselves under the appearance of republicans; and they found in this latter faction such inveterate hatred against the protector, that they could not wish for more zealous adversaries to his authority. It was maintained by them, that the pretence of liberty and a popular election was but a new artifice of this great deceiver, in order to lay asleep the deluded nation, and give himself leisure to rivet their chains more securely upon them: That in the instrument of government he openly declared his intention of still retaining the same mercenary army, by whose assistance he had subdued the ancient established government, and who would with less scruple obey him, in overturning, whenever he should please to order them, that new system, which he himself had been pleased to model: That being sensible of the danger and uncertainty of all military government, he endeavoured to intermix some appearance, and but an appearance, of civil administration, and to balance the army by 3 a seeming LXI. 1654. CHA P. a seeming consent of the people: That the absurd trial, which he had made, of a parliament, elected by himself appointed perpetually to elect their successors, plainly proved, that he aimed at nothing but temporary expedients, was totally averse to a free republican government, and possessed not that mature and deliberate reflection, which could qualify him to act the part of a legislator: That his imperious character, which had betrayed itself in so many incidents, could never seriously submit to legal limitations; nor would the very image of popular government be longer upheld than while conformable to his arbitrary will and pleasure: And that the best policy was to oblige him to take off the mask at once; and either submit entirely to that parliament, which he had summoned, or, by totally rejecting its authority, leave himself no resource but in his seditious and enthusiastic army. IN prosecution of these views, the parliament, having heard the protector's speech, three hours long, and having chosen Lenthal for their speaker, immediately entered into a discussion of the pretended instrument of government, and of that authority which Cromwel, by the title of protector, had assumed over the nation. The greatest liberty was used in arraigning this new dignity; and even the personal character and conduct of Gromwel escaped not without censure. The utmost that could be obtained by the officers and by the court party, for so they were called, was to protract the debate by arguments and long speeches, and prevent the decision of a question, which, they were sensible, would be carried against them by a great majority. The protector, surprised and enraged at this refractory spirit in the parliament, which however he had so much reason to expect, sent for them to the painted chamber, and with an air of LXI. great authority inveighed against their conduct. CHA P. He told them that nothing could be more absurd than for them to dispute his title; since the same -1654. instrument of government which made them a parliament, had invested him with the protectorship; that some points in the new constitution were supposed to be fundamentals, and were not on any pretence to be altered or disputed; that among these were the government of the nation by a single person and a parliament, their joint authority over the army and militia, the succession of new parliaments, and liberty of conscience; and that with regard to these particulars, there was reserved to him a negative voice, to which, in the other circumstances of government, he confessed himself nowise entitled. THE protector now found the necessity of exacting a security which, had he foreseen the spirit of the house, he would with better grace have required at their first meeting. He obliged the members to sign a recognition of his authority, and an engagement not to propose or consent to any alteration in the government, as it was settled in a single person and a parliament; and he placed guards at the door of the house, who allowed none but subscribers to enter. Most of the members, after some besitation, submitted to this condition; but retained the same refractory spirit which they had discovered in their first debates. The instrument of govern ment was taken in pieces, and examined, article by article, with the most scrupulous accuracy: Very free topics were advanced with the general approbation of the house: And during the whole course of their proceedings, they neither sent up one bill to the protector, nor took any notice of him. Being informed that conspiracies were entered into between the members and some malcontent officers, VOL. VII. b Thurloe, vol. ii. p. 620. R he LXI. 1655. CHA P. he hastened to the dissolution of so dangerous an assembly. By the instrument of government, to which he had sworn, no parliament could be dis22d of Jan. solved till it had sitten five months; but Cromwel pretended, that a month contained only twenty-eight days, according to the method of computation practised in the paying the fleet and army. The full time, therefore, according to this reckoning, being elapsed, the parliament was ordered to attend the protector, who made them a tedious, confused, angry harangue, and dismissed them. Were we to judge of Cromwel's capacity by this, and indeed by all his other compositions, we should be apt to entertain no very favourable idea of it. But in the great variety of human geniuses, there are some which, though they see their object clearly and distinctly. in general, yet when they come to unfold its parts by discourse or writing, lose that luminous conception which they had before attained. All accounts agree in ascribing to Cromwel, a tiresome, dark, unintelligible elocution, even when he had no intention to disguise his meaning: Yet no man's actions were ever, in such a variety of difficult incidents, more decisive and judicious. THE electing of a discontented parliament is a proof of a discontented nation: The angry and abrupt dissolution of that parliament is always sure to increase the general discontent. The members of this assembly, returning to their counties, propagated that spirit of mutiny which they had exerted in the house. Sir Harry Vane and the old republicans, who maintained the indissoluble authority of the long parliament, encouraged the murmurs against the present usurpation; though they acted so cautiously as to give the protector no handle against them. Wildman and some others of that party carried still farther their conspiracies against the protector's authority. The royalists, observing this general ill-will towards the establishment, could no |