CHAP. Dissolution of officers of the army and those who had served in the House of Commons, should be appointed to rule the affairs of the republic till a new parliament could be assembled. Whitelock again earnestly protested against the formation of such a body, although it was proposed that he should belong to it, and he declared his resolution to stand by the parliament which had conferred such benefits on the country. They separated without coming to any agreement. Historians profess themselves wholly at a loss to account of the Long for the open, imperious, and frantic manner in which Crom Parlia ment. New "Council of State." well a few hours after expelled the members from the House, which they consider as inconsistent with his general character, not attending to the fact that to gain his object he had previously exhausted all the arts of intrigue, deceit, and hypocrisy. The proposed Council was formed merely as the organ of Cromwell's pleasure, and he published a royal proclamation called "a Declaration by the Council," explaining the reasons of dissolving the late parliament, and requiring all persons to proceed as formerly in the execution of their offices. "The Lord Commissioner Whitelock and his colleagues were in a great quandary what to do till this declaration came out, and did not then proceed in the business of Great Seal; but in a little time, considering that they had their authority from the parliament, they went on as usual."* The truth is, that the Lord Commissioner, having given good advice, was generally of a most pliant and conforming temper when his advice had been overruled, and though free from the fumes of fanaticism, was "a waiter upon Providence." He accepted a place in the "Council of State," and though there was no cordiality between him and the President, he abstained from any active opposition to the usurped government. It would be difficult to say where in law or theory the sovereign power was supposed to rest between the dissolution of the Long Parliament and the "PROTECTORATE," - but, de facto, under the title of "Lord General," Cromwell exercised unlimited sway. He now resorted to the most absurd and fantastical attempt to constitute a legislative assembly recorded in the annals of * Life of Whitelock, 162. Whit. Mem. 555. LXX. any nation, by calling "Barebones' Parliament." Having CHAP. succeeded in his late enterprise by means of the violent fanatics, they naturally expected to enjoy power, and his Barebones' conduct can only be explained by supposing that he was re- Parlia solved to give them a taste of it, and to demonstrate to them and the world that the government could not be permanently conducted on their absurd principles. ment. 1653. By his own fiat he named one hundred and fifty-six repre- July 4. sentatives for Great Britain and Ireland*, whose qualification was supposed to be that they were "faithful, fearing God, and hating covetousness." One hundred and twenty of these actually attended on the appointed time, and after being inflamed by "a grave, Christian, and seasonable speech" from Cromwell, in what capacity no one could tell, except that it was believed by his admirers that, on this occasion, "the Spirit of God spoke in him and by him," and after they had spent several days in "seeking the Lord," praying in turn without the assistance of any chaplain, and affirming that they had never before enjoyed so much of the presence, and spirit of Christ, they at last worked themselves up to the belief that they were divinely inspired, and that the reign of the saints on earth had begun. In this notable assembly were some persons of the rank of gentlemen; but the far greater part were low mechanics, fifth monarchy men, Anabaptists, Antinomians, Independents-the very dregs of the fanatics. Resolution and imme the Court Having given but an indifferent specimen of their regard Aug. 5. to liberty, by prosecuting Lilburne for questioning their au- for total thority, and when he had been acquitted by a jury, confining diate abohim in the Tower, with an injunction that no obedience lition of should be paid to any writ of habeas corpus in his behalf, of Chanthey set about reforming the law. Petitions having been cery. presented complaining of undue delays, vexations, and expences in the conduct of Equity suits, they disdained to apply palliatives and correctives to such an evil, and resolved" that the High Court of Chancery of England shall be forthwith taken away, and that a bill be brought in for that purpose, * 139 for England, 6 for Wales, 6 for Ireland, 5 for Scotland. CHAP. Difficulties and that it be referred to a committee to consider how the causes now depending in Chancery may be determined." However, more difficulty was experienced in this root-andin the plan. branch reform than had been anticipated. Not only was there a great clamour among the lawyers, "the sons of Zeruiah," as they were called, but all men of sense who attended to the subject were aware that there were many most important rights for which the Courts of law afforded no remedy, and that the proposed measure would be the triumph of fraud and injustice. These considerations were so palpable, that, by degrees, some members of parliament were made to understand them, and to express doubts whether, in this instance, they were not under a delusion of Satan. To give farther time for illumination, a resolution was passed to suspend all proceedings in Chancery for one month, the Lords Commissioners for the Great Seal, notwithstanding, being empowered to issue forth, under the Great Seal, "original writs, writs of covenant, and writs of entry," for the purpose of originating actions at law; but a bill for this purpose being introduced, it was finally rejected by the casting vote of the Speaker, the numbers on the division being, yeas 39, noes 39.* Bill to suspend all proceedings in Chancery. Oct. 17. Bill to abolish the Court. Nov. 3. The abolitionists, however, nothing daunted by this defeat, two days after carried a vote "that the bill for taking away the High Court of Chancery and constituting Commissioners to hear and determine the causes now depending therein, formerly ordered by the House, should be forthwith proceeded with," and it thereupon was read a first and second time, and ordered to be committed. This bill was thrown out on the report; but there was a reference to a select committee to consider what was fit to be done. The committee being nominated by an abolitionist, and composed almost entirely of his party, reported "that another bill should be brought in for taking away the Court of Chancery, and appointing Commissioners to hear and determine as well causes now pending, as also future matters of Equity, and putting in order matters of law which were within the jurisdiction of that Court." Such a bill was accordingly introduced, read a first and second time, and referred to a select committee, who re * For the Proceedings of Barebones' Parliament, see 3 Parl. Hist. 1381—1414. commended that the famous General Harrison should be CHAP. LXX. added to their number. End of But there the bill slept till the members of Barebones' Dec. 12. parliament, themselves convinced of their own insufficiency, 1653. voluntarily resigned their authority into the hands of him Barebones' from whom they had received it, without having passed one parliament. single act since they met. 1653. Crom- Whitelock goes on an embassy to Sweden. In the meanwhile Lord Commissioner Whitelock had set Nov. 2. out on an embassy to Christina, Queen of Sweden. well was desirous of having him out of the way during the execution of the scheme now nearly matured; and he himself, despairing of being able to ward off the dangers which threatened his Court, was not displeased to submit to this honourable exile, although he had, some months before, peremptorily refused the offer that he should go to Ireland at the head of a Commission to settle the affairs of that island. A tract on the abuses of the Court of Chancery, published soon after, describes with much drollery the consternation of the legal profession while the bill was depending for abolishing the Court of Chancery: "how sad and sorrowful were the lawyers and clerks for the loss of their great Diana, with their great joy and making of bonfires and drinking of sack, when they were delivered from their fears by the dissolution of the parliament." CHAP. July 6. 1654. installed tor. CHAPTER LXXI. LORDS KEEPERS DURING THE PROTECTORATE OF OLIVER WHITELOCK remained absent from England till the 6th of July in the following year, and on his return found Cromwell regularly installed in the office of Lord Protector, and about to meet a parliament called on the soundest principles Cromwell of representative government. Scarcely had the Lord Comas Protec- missioner landed at Gottenburgh on his way to Upsal, when Cromwell, with ill-affected reluctance, agreed to take upon him the office of Chief Magistrate of the State, with the power, though without the name of King, - pretending that it was forced upon him by the army, and that the public tranquillity required that he should accept it. Lords Commissioners Lisle and Keeble attended the procession to Westminster Hall when this pageant was enacted-jointly carrying the Great Seal before him as he passed through two lines of military, accompanied by the Judges and the Lord Mayor of London; and they administered to him an oath that he would be faithful to the Commonwealth, and rule according to the instrument of government and other laws of this land.* In recompence they were allowed, without molestation, to discharge their judicial duties and to receive their salaries. On the 4th of April, 1654, on the death of Lord Commissioner Keeble, Sir Thomas Widdrington, whose scruples were now quieted, was appointed in his place; and on account of the illness of Lisle, on the 30th of May, by warrant under the hand of the Lord Protector, he was appointed to act as sole Commissioner.† Whitelock acknowledges Whitelock, now styled Sir Bulstrode, having been created by Christina Knight of the order of Amarantha, that he Cromwell might resume his place as first Lord Commissioner, made no as Protec tor. * Whit. 571. 577. † Rot. Claus. 1564. p. 22. When Cromwell was installed Protector, he reappointed the Commissioners of the Great Seal with the advice of his council. |