tend, he could not be so discharged from his publick enmity by any conditions or agreement made with a part of the peoples chosen deputies, whilst he shut out the other part; for no part of the representative body are trusted to consent to any thing in the nation's behalf, if the whole have not their free liberty of debating, and voting in the matters propounded. If he would pretend no higher than to be our conqueror, who for peace and his own safety's sake was content to cease from being a publick enemy, and to be admitted a governor, he could not compass those ends by forcibly excluding (as now he hath done) whom he pleased of the representative body of the people, who were to submit to him in the people's behalf; therefore either takes upon him to be such a conqueror as scorns the peoples acceptance of him by their representative as their governor, and fears not to remain a publick enemy, or else he takes himself to be such an unheard-of sovereign, that against him the people have no claim of right, or property in themselves, or any thing else; for he hath now declared that the people's choice cannot give any man a right to sit in parliament, but the right must be derived from his gracious will and pleasure, with that of his counsellors; and his clerks ticket only must be their evidence for it. Thus hath he exalted himself to a throne like unto God's, as if he were of himself, and his power from himself, and we were all made for him, to be commanded and disposed of by him, to work for him, and serve his pleasure and ambition. Seeing therefore this total subversion of all law and right, and the distractions, miseries, blood and confusions, that will be the most certain consequences of it, and withall, remembering the late effusion of blood upon no other account than to secure religion, liberty and property, and the freedom, power and privileges of parliaments, as the bulwarks thereof; and that by those very hands who now overturn the very foundations of all liberty, right and property, and of the beings of parliaments; and our very souls trembling at the loud cries of that sea of blood, and at the horrid clamours of the many falsified oaths and promises made upon the same account." " For the acquitting therefore of their souls, they solemnly protested and remonstrated unto all the good people of England, that the violent exclusion of the people's deputies in parliament, doth change the state of the people from freedom into meer slavery; that such members of parliament as shall approve the forcible exclusion complained of, or shall sit, vote and act, while many members are by force shut out, are betrayers of the liberties of England, and adherents to the capital enemies of the commonwealth; and that the present assembly at Westminster, being under the awe and terror of the lord protector, is not the representative body of England, nor can tax or tallage be justly or lawfully raised by them."

This remonstrance being "printed was sent in great white boxes some 1000 of them, to be left in several houses in London, and by them to be delivered out when called for."-But the court having private intelligence of the matter, "got four or five of the boxes from the owners of the houses," and thereby prevented their being dispersed according to the intention of the subscribers. I am sorry to add, that many of the gentlemen, who put their hands to this admirable remonstrance, were but mere talkers, and soon found a way to ingratiate themselves with the protector, take their seats in the house, and servilely adore him whom in such terrible colours they here blacken! So uncertain are the signs of patriotism! But in justice it must be said that there were others of them who were true to their principles, and above being worked on by fear or flattery. These at length, in virtue of an article in the Humble Petition and Advice, which required "that those persons who were legally chosen by a free election of the people to serve in parliament, should not be excluded from sitting therein, but by judgment and consent of the house whereof they were members," were also admitted to their seats January 20, 1657, O. S. The oath taken by them on this

Possibly, however, some persons will find an

occasion, was in these words. "I A. B. do, in the presence, and by the name of God Almighty, promise and swear, that, to the uttermost of my power, in my place, I will uphold and maintain the true reformed, protestant, christian religion, in the purity thereof, as it is contained in the Holy Scriptures of the Old and New Testament, and encourage the profession and professors of the same; and that I will be true and faithful to the lord protector of the commonwealth of England, Scotland and Ireland, and the dominions and territories thereunto belonging, as chief magistrate thereof; and shall not contrive or design, or attempt any thing against the person or lawful authority of the lord protector: and shall endeavour, as much as in me lies, as a member of parliament, the preservation of the rights and liberties of the people. "Thus was the wise taken in his own craftiness! Men under a deep sense of injury, were now admitted into the house, who, it might have been foreseen, would use their utmost endeavour to embarrass and perplex that government, which they had looked on and treated as usurped and tyrannical. It must not be omitted that this parliament was dissolved also in great resentment by the protector.These were the high and arbitrary proceedings of Cromwell; proceedings which might easily induce a very ingenious writer to observe that "he who hated the tyrant, admired the tyranny b." For what more odious in the reign of the conquered king, than these? What more opposite to the principles of liberty and freedom? " In the reign, or rather under the tyranny, of this single hand, the whole government and administration contradicted the national constitution; but this contradiction, was planned by a craft and policy as dexterous, as it was new; and carried on by a genius as bold as cunning. Cromwell, when mounted to the head of affairs, found the materials of liberty and freedom rooted in the people, but saw, that these materials were with

a Journals. VOL. III.

Liberty and Right; part I. p. 39. 8vo. Lond. 1747.

Hh

apology for some of these 2 proceedings, in the

out form, without orders, and without laws, to bind and secure them. The people were powerful, but ignorant and divided'; divided in opinion, and ignorant of true government and real security. Cromwell therefore applied himself to the times; encouraged, discountenanced, protected and oppressed by turns, different sects and parties; and thus artfully keeping them divided in their religious and civil views, prevented the nation from uniting in any thing that was natural and proper to freedom and liberty. The same army which had conquered for the people, he taught by mutilation, augmentation, largesses and privileges, to oppress the people." How far this is a just representation, the foregoing notes will enable the reader to determine.

72 Some may find an apology-in the situation and circumstances of the protector.] "Civil war is naturally more subject to rigour," says Mr. Ascham, " than other wars: because they who yesterday were enemies, would be inhabitants always. The conqueror suspects that these will be the first infringers of his new laws; the violation of which ought at the beginning to be severeliest censured, as of dangerous consequence. Wherefore for these reasons though the usurper thought not of establishing himself in an absolute jurisdiction, yet at last he will find himself obliged to secure his conquest by the same means he obtained it. And Dido gave Æneas the true reason of the same case b."

Res dura & regni novitas me talia cogunt
Moliri, & latè fines custode tueri.

My cruel fate,

And doubts attending an unsettled state,
Force me to guard my coasts

VIRG

DRYDEN.

This had long before been taught by Machiavel, in the following words: "When a prince would keep his subjects. united and faithful, he must not heed the reproach of cruelty;

situation and circumstances of the protector.

for if he makes a few examples of justice, he acts with less cruelty than those who, through an excess of mercy, suffer many disorders to arise, which occasion rapine and murder. Now these are prejudicial to the whole society; whereas particular executions, which are ordered by the prince, affect only particular men. Besides, all new governments are exposed to so many dangers, that it is impossible for a new prince to avoid the scandal of being cruel. Thus Virgil makes Dido say,

Res, &c. *."

If ever any prince upon earth had reason to act on these principles, it was Cromwell. Without some acts of severity what could he have done? How tottering would have been his throne? How precarious his life? The cavaliers, the presbyterians, the republicans, and the fifth-monarchy-men were all his foes, and even his most intimate friends did not approve his management in a variety of respects.-Mr. St. John, between whom and the protector there had been the nearest union, highly disliked his setting up himself. " He," [St. John] says Mr. Thurloe, "was so far from advising Oliver to set up himself, that to the best of my knowledge and observation he was a great enemy to it, and hath often to me spake against it. And as for that called the Instrument of Government, I never spake with my lord St. John, either about the whole or any part of it (nor ever heard that any body else did) until some months after it was published in print, when going to visit him after a long and dangerous sickness, he told me, he had just then read our government; and taking it up in his hands, he cast it from him in great dislike, and sayed, is this all the fruit the nation shall have of their warre? or words to that purpose; and then tooke occasion to speak much against it. And as he had nothinge to doe in settinge up this government, soe

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