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." CHAP. LXXI. 1658. his third The next morning news was brought to Cromwell, at Feb. 4. Whitehall, that they were resuming the debate on "the Cromwell appellation and powers of the other House;" when, not stay- dissolves ing for his state carriage, he threw himself into a hackney- and last coach standing by, drawn by two shabby horses, and attended parliament. 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, concluding 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.' 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." † Court of The Protector was now obliged, on the discovery of a High royalist plot, to resort to a very arbitrary measure, by esta- Justice esblishing a High Court of Justice, which was to decide on life tablished. 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." Slings† Com. Jour. vii. 527, 528. 3 Parl. Hist. 1525. CHAP. Whitelock refuses to by. 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."— 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 remit — except decapitation. Whitelock refused to serve on this High Court; yet he continued in favour with the Protector, who himself had be made a a regard for law and justice, as far as was consistent with the enjoyment of his own authority.† A patent was even Viscount. * 5 St. Tr. 871. "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 as in those of 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. * CHAP. LXXI. 1658. When the next anniversary of the great victories of Dunbar Sept. 3. and of Worcester came round Oliver expired, and it is generally Death of supposed that the day was still auspicious to him; but such Cromwell. 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. Charles II. and in some points much better. The laws in general had their course, and were admirably administered."— Burke, Remarks on Policy of the Allies. * 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." CHAPTER LXXII. CHAP. LXXII. Sept. 3. 1658. Fiennes and Lisle confirmed of Great LORDS COMMISSIONERS OF THE GREAT SEAL FROM THE DEATH OF On the doubtful assertion that Oliver, according to the power conferred upon him by the Petition and Advice, had 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 stocka Prince distinguished by the lovely composition of his person, and still more by the eminent qualities of his mind." The new Protector at first graciously confirmed the Great Seal to the military Lords Commissioners, Lord Fiennes and as Keepers Lord Lisle; but hearing loud complaints of their incompetency, he soon after, while sitting in Council, desired them to surrender joined with it, and he re-delivered it to them jointly with Lord Whitelock, in whose judicial integrity and ability he and the public entertained the highest confidence.* Seal, and them, Jan. 22. 1659. Jan. 27. 1659. Writs of summons for a new parliament having been issued by the Lords Commissioners under the Great Seal, the parliament. session was opened by Richard according to royal forms, Opening of "Dec. 30. I went about the business of the Great Seal, whereof I was now again made a Commissioner. Richard had a particular respect for me, and upon the 22d of this month, by advice of some near to him, without any seeking for it by me, I was sent for to Whitehall, where I met the two Lords Commissioners of the Seal, Fiennes and Lisle, and they together being called to the Council Chamber, the Great Seal was delivered to his Highness sitting in Council, and his Highness presently delivered it to Fiennes, Lisle, and me, as Keepers of the Great Seal of England."— Whit. 676. He adds that his appointment was generally attributed to Fiennes, who had found Lisle incompetent. LXXII. except that having addressed both Houses himself in a very CHAP. sensible speech, he did not call upon any Keeper of the Great Seal farther to explain the reasons for assembling them. sioners of the Great Seal sit in the Upper House as Peers. refuse to The three Commissioners, being all ennobled, took the oaths The three with the other Peers, Lord Whitelock presiding on the wool- Commis sack. But they could never get any farther recognition of their "order" from the Commons than "that this House will transact with the persons now sitting in the other House as a House of Parliament for the present, without prejudice to the privilege of such Peers as have been faithful to the parliament, of being duly summoned to be members of that House." The parliament was soon found wholly unmanageable, and a Commons majority of Richard's council advised him to dissolve it, and acknowto trust rather to the combination of military officers now ledge them. struggling for supreme rule. This step was strongly opposed by Lord Whitelock, who foretold that it would eventually lead to the destruction of the Protectorate; but he was overruled, and a commission was made out for dissolving the parliament, Lord Fiennes being named the head Commissioner. The commission being announced to the Lords, and the Commissioners having taken their seats under the steps of the throne, the Black Rod was ordered to summon the Commons to the bar; but they declared they would receive no communication from the Lords except by members of that House, and adjourned for three days. Lord Fiennes, however, in the absence of Parliament the Commons, ordered the commission to be read, and, in the April 18. name of his Highness the Lord Protector, dissolved the par- 1659. liament. A proclamation under the Great Seal communicated the information to the nation the same afternoon.* By this dissolution Richard had signed his own deposition. Although he continued to reside at Whitehall he was deserted by all the world, and the government was in complete abeyance till the council of officers thought fit to restore the Long Parliament, thinking they would have a better chance of power by possessing such an instrument under their control. A majority of the surviving members were Presbyterians and Royalists, but they were still prevented by violence from 3 Parl. Hist. 1544. dissolved, |