summoned were the names of the Protector's two sonss-the Lord Richard and the Lord Henry Cromwell (as Princes of the Blood), and, next, Lord Fiennes and Lord Lisle, the Lords Commissioners of the Great Seal. Afterwards follow the names of Lord Whitelock, of Lord Morpeth, ancestor of the present Earl of Carlisle, and of Lord Monk (the Restorer). Four or five of the old nobility were summoned, but they refused to attend; and Sir Arthur Hazelrig, and two or three other members of the House of Commons who were included, wisely preferred to continue to sit there." Jan. 20, On the day appointed for the re-assembling of parliament, the session was opened by the Lord Protector with all 1658. the forms and all the pomp of the ancient sovereigns. The new Lords met in the old chamber which was ornamented with the tapestry of the Armada. A chair of state was there placed for his Highness, resembling the throne. There were no Bishops, for they had been excluded by Charles; but in their place the Judges, in scarlet and ermine, were seated on the right of the throne. The Lord Protector, in splendid attire, and wearing a hat with a gold band, attended by his great officers, and surrounded by his Life Guards, having come from Whitehall in a carriage more splendid than Stuart ever sat in, and seated himself under the "cloth of state," the Gentleman Usher of the Black Rod was sent to command the immediate attendance of the Commons, in the name of his Highness. They soon appeared at the bar, headed by Widdrington, their Speaker; and the two Lords Commissioners of the Great Seal, with the other great officers standing by his side, his Highness, to the great scandal of true republicans, thus began:: 66 My Lords, and Gentlemen of the House of Commons."After a speech much shorter than his usual tiresome, embarrassed harangues, he said that Lord Commissioner Fiennes would explain more fully the reasons for now calling parliament together; and the Lord Commissioner accordingly delivered a long address to the two Houses, by way of enlargement on Commissioners are to seal such writs and to issue them out to such persons as his Highness, under his sign-manual, shall direct and appoint."- Whit. 662. e For an analysis of this House of Peers, see Carlyle's Cromwell, iii. 390. Cromwell likewise created knights and baronets, by what authority I know not, for it is not given by the "Instrument of Government," or the "Petition and Advice." Not being a knight himself, he could not deal according to the ancient usages of chivalry, but he must have had the opinion of his law officers on the subject, for both his Attorney and Solicitor General became baronets.- Whit. Mem. 674. A.D. 1658. COMMONS REFUSE TO RECOGNISE PEERS. 371 that of his Highness; comparing the present state of England to the rising of Cosmos out of chaos, as recorded in Genesis ; and observing that "two firmaments are made two separate houses of parliament.' But this first attempt at a restoration of the ancient constitution, with modern amendments, proved wholly abortive. Cromwell was much weakened in the Commons by transferring so many active supporters to the other House; and there being an article in "the Petition and Advice" that each House should judge of the qualification of its own members, the excluded representatives were all admitted to take their seats, so that there was immediately a decided majority against the Government. The Peers however, with Lord Fiennes on the woolsack, having taken the oaths, proceeded to business, and on the second day after their meeting came unanimously to a resolution, “that an humble address be presented to the Lord Protector, praying that his Highness would be pleased to appoint a day of public humiliation throughout the three nations." Two Judges, Wyndham and Hill, were sent down to the Commons to communicate this resolution, and to ask them to concur in the address. The messengers were admitted, and allowed to deliver their message; but when they had withdrawn, a motion being made that they be again called in and informed that this House concurs in the address to his Highness, an amendment was moved, by an opposition member, that "this House will send an answer by messengers of their own;" and, after a sharp debate, the amendment was carried by a majority of 75 to 51. His Highness, greatly enraged at this rebuff, sent for the Commons to Whitehall (without the Lords), and read them a severe lecture on their contumacy; but this only led to a complaint of breach of privilege, and a debate on the appellation and powers of the other House, with the expression of some doubts as to the validity of the "Petition and Advice," on the ground that it had not been voted by a free parliament. “Their new Lordships, desirous to try the pulse of the Commons once more," ," sent a message to them in writing, by two of the Judges, on a subject expected to rouse all their sympathy, "that the Lords desired the Commons to join with them in an address to the Lord Protector, that his Highness f Carlyle's Cromwell, iil. 399. This was an approach to the ancient fashion on such occasions, of taking a text from Scripture as would be pleased to issue a proclamation, by the advice of both Houses, commanding all Papists and others who had been in arms against the Commonwealth, to depart out of London and Westminster, and twenty miles thereof, by a certain day. But as soon as the message was delivered, the Commons resolved, without a division, "that they would send an answer by messengers of their own." The next morning news was brought to Cromwell, at Whitehall, that they were resuming the debate on "the appellation and powers of the other House;" when, not staying for his state carriage, he threw himself into a hackney-coach standing by, drawn by two shabby horses, and attended only by six of his guards, whom he beckoned to follow him, he proceeded to the House of Lords, and sending the Gentleman Usher of the Black Rod for the Commons, made them an angry speech, which he concluded with these words :-"I think it high time that an end be put to your sitting, and I do dissolve this parliament, and let God judge between you and me.' h A bill had been introduced into the House of Commons this session "for better regulating and limiting the jurisdiction of the Court of Chancery, but, along with various others, it was lost by the hasty dissolution."i The Protector was now obliged, on the discovery of a royalist plot, to resort to a very arbitrary measure, by establishing a High Court of Justice, which was to decide on life and death without a jury, and without the control of any known law. The Lords Commissioners of the Great Seal were placed at the head of it, and Lord Lisle acted as President. I will give a short specimen of the judicial mildness of this protectorial functionary on the trial of Colonel Slingsby, which may soften our resentment against the tyranny of the Stuart Judges:-Lord Lisle. "Thou here standest charged for high treason; this Court requires that thou give a positive answer whether guilty or not guilty."-Slingsby. "I desire to have counsel assigned me."-Lord Lisle. "There is matter of fact laid to your charge which amounts to treason, and there is no counsel allowed in matters of fact."-Slingsby. "There is also matter of law, and I desire to be tried by a jury which is according to the law of the land."-Lord Lisle. "We are all here your jury as well as your judges; we are the number of two or three juries."--Slingsby. "If it be by the law of the land that the trial shall be by a jury, I desire I may have that privilege." b 3 Parl. Hist. 1525. Carlyle's Cromwell, iii. 432. i Com. Jour. vii. 527, 528. A.D. 1658. HIGH COURT OF JUSTICE ESTABLISHED. 66 373 -Lord Lisle. "Acts of parliament make justice and law: they are both. They think fit to change the custom of trials that have been in former times."-Slingsby. "I desire that the act of parliament may be read."-Lord Lisle. You are before your jury and judges. Parliament have great care of the rights of the people, and have appointed this Court; and his Highness hath appointed you to be tried by us. All must submit to my Lord Protector. We sit here by authority of his Highness by a commission under the Great Seal, and by authority of parliament, and you must submit to our authority." The prisoner was convicted for having acted under a commission from Charles II., and in passing sentence of death, Lord Lisle thus addressed him :-"It grieves my very soul to think that, after so many signal providences wherein God seems to declare himself, as it were, by signs and wonders, that your heart should be still hardened, I may say, more hardened than the very hearts of the Egyptians; for they, at length, did not only see, but confessed, that the Lord fought against them: but you, oh, that you would confess and give glory to God! You cannot choose but see that the Lord fights against you, that the stars in their courses fight against you; and yet you will not see, you will not confess, until destruction overtakes you.' The frightful common-law sentence for high treason was pronounced, all which his Highness was pleased to remitexcept decapitation. Whitelock refused to serve on this High Court; yet he continued in favour with the Protector, who himself had a regard for law and justice, as far as was consistent with the enjoyment of his own authority." A patent was even signed by him for raising Whitelock to the dignity of a Viscount. This honour was declined by the Lord Commissioner; but under his former writ of summons to the House of Lords, it was considered that his blood was ennobled; he was treated as a Baron, and he was designated Lord Whitelock till the Restoration." When the next anniversary of the great victories of Dunbar k 5 St. Tr. 871. m "The government of Cromwell was to be sure somewhat rigid, but, for a new power, no savage tyranny. The country was nearly as well in his days as in those of Charles II., and in some points much better. The laws in general had their course, and were admirably administered."-Burke, Re marks on Policy of the Allies. n I only find one other creation by Oliver above the degree of a Baron, "Viscount Howard of Morpeth, July 20, 1657, afterwards created by Charles II. Baron Dacre, Viscount Howard of Morpeth, and Earl of Carlisle, April 30, 1661." and of Worcester came round Oliver expired, and it is generally supposed that the day was still auspicious to him; but such had continued to be the success as well as vigour of his administration, so much was he dreaded by foreign states, and so much was he respected at home, not only for raising the national credit to a pitch unknown since the days of the Plantagenets, but for the desire which he had shown to govern according to law, and to improve our institutions, that if his life had been prolonged, there seems reason to think he might have overcome all the difficulties which surrounded him, and that, notwithstanding the imbecility of Richard, his sceptre might have been long borne by his posterity." CHAPTER LXXII. LORDS COMMISSIONERS OF THE GREAT SEAL FROM THE DEATH OF Sept. 3, On the doubtful assertion that Oliver, according to the power conferred upon him by the Petition and Advice, had 1658. duly named his eldest son as his successor, Richard was immediately proclaimed Lord Protector, in London and throughout the kingdom,—with all the solemnities practised on the accession of a new Sovereign. Nay, addresses to him came pouring in from all classes in a manner greatly to lower the value of such supposed tokens of affection, pledging lives and fortunes in his support, and declaring, "that though the sun had set no night followed," and that, "though Providence by one sad stroke had taken away the breath from their nostrils, it had given them in return the noblest branch of that renowned stock-a prince distinguished by the lovely composition of his person, and still more by the eminent qualities of his mind." 66 Jan. 22, 1659. The new Protector at first graciously confirmed the Great Seal to the military Lords Commissioners, Lord Fiennes and Lord Lisle; but hearing loud complaints of their incompetency, he soon after, while sitting in Council, desired them to surrender it, and he re-delivered it to • See Carlyle's Cromwell, iii. 448-460. |