turbance of the public peace on their parts: provided this liberty be not extended to Popery or Prelacy, nor to such as, under the profession of Christ, hold forth and practise licentiousness.

XXXVIII. That all laws, statutes and ordinances, and clauses in any law, statute or ordinance to the contrary of the aforesaid liberty, shall be esteemed as null and void.

XXXIX. That the Acts and Ordinances of Parliament made for the sale or other disposition of the lands, rents and hereditaments of the late King, Queen, and Prince, of Archbishops and Bishops, etc., Deans and Chapters, the lands of delinquents and forest-lands, or any of them, or of any other lands, tenements, rents and hereditaments belonging to the Commonwealth, shall nowise be impeached or made invalid, but shall remain good and firm; and that the securities given by Act and Ordinance of Parliament for any sum or sums of money, by any of the said lands, the excise, or any other public revenue; and also the securities given by the public faith of the nation, and the engagement of the public faith for satisfaction of debts and damages, shall remain firm and good, and not be made void and invalid upon any pretence whatsoever.

XL. That the Articles given to or made with the enemy, and afterwards confirmed by Parliament, shall be performed and made good to the persons concerned therein; and that such appeal as were depending in the last Parliament for relief concerning bills of sale of delinquents' estates, may be heard and determined the next Parliament, any thing in this writing or otherwise to the contrary notwithstanding.

XLI. That every successive Lord Protector over these nations shall take and subscribe a solemn oath, in the presence of the Council, and such others as they shall call to them, that he will seek the peace, quiet and welfare of these nations, cause law and justice to be equally administered; and that he will not violate or infringe the matters and things contained in this writing, and in all other things will, to his power and to the best of his understanding, govern these nations according to the laws, statutes and customs thereof.

XLII. That each person of the Council shall, before they enter upon their trust, take and subscribe an oath, that they will be true and faithful in their trust, according to the best of their knowledge; and that in the election of every successive Lord Protector they shall proceed therein impartially,

and do nothing therein for any promise, fear, favour or reward.

(Parliamentary History, ed. cit., XX, 248.)

168. Cromwell disciplines his First Parliament

Goddard

The first Parliament of the Commonwealth met in September, 1654. Its members seemed to be resolved to take from Cromwell much of the power which he considered necessary to the office of Lord Protector. These members desired to make absolute the authority of Parliament. Some of them were anxious to set aside the Instrument of Government; others had no love for the Commonwealth or its leaders. So great was the popular dissatisfaction, so imminent was the danger that the royalists might regain power, that Cromwell resolved upon a desperate remedy. He proposed to the members of Parliament a form of oath of allegiance, binding them to himself and his form of government and pledging them not to alter that form. All members who refused to subscribe to this oath he turned out of the House. An account of this high-handed, though — from the Puritan point of view-justifiable proceeding, is given in the following selection.

Tuesday 12. [1654.] This morning news was brought to the Herald's Office, where I lay, with my brother Bish, that the Parliament House was dissolved, and that, for certain, the Council of State and Council of War, had sat together all the Sabbath-day before, and had then contrived this dissolution. Notwithstanding, I was resolved to go to Westminster, to satisfy myself of the truth, and to take my share of what I should see or learn there.

Going by water to Westminster, I was told that the Parliament doors were locked up and guarded with soldiers, and the barges were to attend the Protector to the Painted Chamber. As I went, I saw two barges at the Privy Stairs. Being come to the Hall, I was confirmed in what I had heard. Nevertheless, I did purpose not to take things merely upon trust, but would receive an actual repulse, to confirm my faith.

Accordingly, I attempted up the Parliament-stairs, but there was a guard of soldiers, who told me there was no passage that way; that the House was locked up, and command given to give no admittance to any. That, if I were a member, I might go into the Painted Chamber, where the Protector would presently be.

The mace was taken away by Commissary-general Whalley. The Speaker and all the members were walking up and down the Hall, the Court of Requests, and the Painted Cham

ber, expecting the Protector's coming; the passages there, being likewise guarded with soldiers.

The Protector coming about ten of the clock, attended with his officers, life-guard, and halberds, he took his place upon the scaffold, where it was before, and made a speech of about an hour and a-half long. Wherein he did not forbear to tell us, that he did expect and hope for better fruit and effect of our last meeting in that place than he had yet found; that he perceived there was a necessity upon him to magnify, as he called it, his office. He told us a large series of the providences of God and the suffrages of the people, which were so many witnesses, evidences, and seals, of his calling to the government, and which did cause him to put a greater value upon his title so derived, than upon the broken hereditary title of any prince whatsoever. That having received his office from God and from the people, he was resolved never to part with it, until God and the people should take it from him.

That it could not be expected, when he told us before, that we were a free Parliament, that he meant it otherwise free than as it should act under the government. That those pitiful forwardnesses and peevishnesses, which were abroad, he valued no more than the motes in the sun. But that the Parliament should now dispute his office under whose authority we were then met, was a great astonishment to him. That he was unwilling to break privileges; but necessity had no law.

He told us, he had ordered the Parliament doors to be locked up and guarded, and had appointed an officer to take subscriptions to a recognition of his authority; which being done might give us an entrance. Which being said, we were dismissed about eleven o'clock.

His party, that is, courtiers and officers of the army, and some others, presently subscribed. Before they adjourned, which was about twelve of the clock, there were about one hundred subscriptions; which being entered, they sent for the Speaker, who came, subscribed, entered, and adjourned until two of the clock.

In the mean time, the rest of the members consulted one another's judgments. I went to see what it was that we were to subscribe unto. It was written in a long piece of parchment in these words, or to that effect, viz.:

"I do hereby freely promise and engage, that I will be true and faithful to the Lord Protector and the Commonwealth

of England, Scotland, and Ireland, and that according to the tenor of the indentures whereby I am returned to serve in this present Parliament, I will not propose, or consent to alter the government as it is settled in a sole person and the Parliament."

Our Norfolk members did not presently subscribe, saving only Mr. Frere, who instantly subscribed it. The rest of our members did most of us dine together, purposely to consult what was fitted to be done in so great an exigent, in order to the discharge of our trust. And, truly, the subscription was, in effect, no more than what we were restrained unto by our Indentures, and the thing would be done without us, and we had fairly contended for it: we had not given the question, but it was forced from us, and we were told that plainly it must be so. For these and several other considerations and reasons, which we thought ought to prevail with men preferring the peace of our countries and the safety of our people immediately concerned in this affair, before passions and humours, we thought fit rather to give way to the present necessity, and to comply with it by submitting than refusing. Accordingly we did subscribe, all except Mr. Woodhouse, Mr. Hobart, and Mr. Church. And although we condemn the breach of privilege as much as any, yet we doubt not but to acquit ourselves to God, and to our country, in so doing, rather than to put the nation into another combustion and confusion.

After we had subscribed, we went into the House, and after some expressions of tenderness and respects to our fellow members without, we adjourned until Thursday morning; the next day, Wednesday, being the Fast.

(An Account of the Parliament of 1654 from the Journal of Guibon Goddard, in Diary of Thomas Burton, ed. G. T. Ruth, Lond., 1828, vol. I, p. 32.)

169. Cromwell and the Kingship

Kennett

That Cromwell desired to be king seems, in this day, fully established. When matters had been so arranged that the crown seemed within his grasp, and while the voice of the army had not yet been raised to warn him that his acceptance of the kingship would lead to his overthrow, Cromwell took counsel with his intimates upon the wisdom of the step. The following account of his interview with Whitlock is most characteristic.

Upon this juncture Cromwell advises with Commissioner Whitlock how to maintain all things in order and obedience; "What if a man should take upon him to be King?" Whit

lock, "I think that remedy would be worse than the disease." Cromwell, "Why do you think so?" Whitlock, "As to your own person the title of king would be of no advantage, because you have the full kingly power in you already concerning the militia, as you are general. As to the nomination of civil officers, those whom you think fittest are seldom refused: and altho' you have no negative vote in the passing of laws, yet what you dislike will not easily be caried; and the taxes are already settled and in your power to dispose the money raised. And as to foreign affairs, tho' the ceremonial application be made to the Parliament, yet the expectation of good or bad success in it is from your Excellency; and particular solicitations of foreign ministers. are made to you only. So that I apprehend indeed less envy and danger and pomp, but not less power and real opportunities of doing good in your being general, than would be if you had assumed the title of king." Cromwell went on to argue, that whoever was actually king by election, the acts done by him were as lawful and justifiable as if done by a king who had the crown by inheritance; and that by an act of Parliament in Henry VII's time, it was safer for the people to act under a king (let his title be what it will) than under any other power.

Whitlock agreed to the legality, but questioned the expediency of it; and being asked what danger he apprehended, answered thus, "The danger I think would be this: one of the main points of controversy between us and our adversaries is whether the government of this nation shall be established in monarchy or in free state or a commonwealth; and most of our friends have engaged with us upon the hopes of having the government settled in a free state; and to effect that, have undergone all their hazards and difficulties. They being persuaded (tho' I think much mistaken) that under the government of a commonwealth they shall enjoy more liberty and right, both as to their spiritual and civil concernments than they shall under monarchy, the pressures and dislikes whereof are so fresh in their memories and sufferings. Now if your Excellency shall take upon you the title of king, this state of your cause will be thereby wholly determined, and monarchy established in your person, and the question will be no more, whether our government shall be by a monarch or by a free state, but whether Cromwell or Stuart shall be our king or monarch? And that question wherein before so great parties of the nation were engaged, and