(4) Cowley's Dif

courfe con

he rivaled the greatest of the English mo

4

narchs

berty. So that if Cromwell conquered any party, it was only that again't which he was fent, and what that was must appear by his commiffion (a).' As to cerning Oli- the distracted ftate of affairs, by reason of the diffoluliver Crom- tion of the government, and the tendency all things had wel, p. 80. to confufion, Mr. Cowley, with his ufual fpirit, says, The government was broke; Who broke it? It was diffolved; Who diffolved it? It was extinguifhed; Who was it but Cromwell, who not only put out the light, but caft away even the very fnuff of it? As if a man fhould murder a whole family, and then pof• fefs himself of the whole houfe, because 'tis better (b) Id. p. 82. that he, than that only rats fhould live there (b).'—

However, though Cromwell probably was blameworthy for turning out his mafters and diffolving the government, yet as things were, there feems to have been hardly any remedy fo ready at hand for the establishment of peace and order, as his affuming the fovereignty, and exerting the power he had got into his hands for the good and benefit of the three nations. All other power, through his means indeed, was extinguished; but there was a neceffity for fome fovereignty or other to be erected, that men might not be forced upon new civil wars. And who but Cromwell was capable of this? Who fo fit, in his own eye at least, to exercife it? But let us attend to the reafons which were given by the protector's order, or at leaft approbation, for this new fettlement. They are contained in a fmall tract, intitled

A true ftate of the cafe of the commonwealth of (c) London, England, &c. in reference to the late eftablished governprinted for ment, by a Lord Protector and parliament (c).'--After Newcomb, having fpoken concerning the various tranfactions during

Thomas

1654.

the war; the confequences thereof; the authority and government of the long parliament; the carriage and refignation of the next chofen; and feverely cenfured many of the principles profeffed by fome of its members: it goes on to fay, Wherefore upon thefe, and

• divers

narchs in glory, and made himself courted

and

divers confiderations, it was agreed to come to fome fuck • folid and certain course of settlement, as might hereafter bar up the way against thofe manifold inconveniences, ⚫ which we have felt under other fleeting forms, and reduce us (as near as may be, with moft convenience) 'to our antient way of government by fupream magiftrates and parliaments. And of this nature is the <form now established, and already made publick. But to the end this may be made clear and manifeft, we 'fhall in the next place difcourfe fomewhat concerning it in general, and then defcend to particulars. In general, we fay; that as this laft change hath been made upon the fame grounds of reason and equity, that neceffitated all foregoing changes in the outward forms, and was admitted of abfolute neceffity to fave a fink⚫ing nation out of the gulph of mifery and confufion, caused by the changeable counfels and corrupt interest of other men, who violated their principles, and brake the truft committed to them: fo none of those former alterations did fo truly make good, or fo fully provide for the fecurity of thofe great ends of religion and liberty, which were as the blood and fpirits running through every vein of the parliament and army's declarations; fo that though the commonwealth may now appear with a new face in the outward form, yet it remains still the fame in substance, and is of a better complexion and conftitution than heretofore. And if we take a furvey of the whole together, we • find the foundation of this government laid in the people. Who hath the power of altering old laws, or making new? The people in parliament; without them nothing of this nature can be done; they are to be governed only by fuch laws as they have chofen, 6 or fhall chufe, and not to have any impofed upon ⚫ them. Then who is to adminifter or govern according to thofe laws, and fee them put in execution? Not a perfon claiming an hereditary right of fove6 reignty,

.

the Com

monwealth,

P. 27.

C

reignty, or power over the lives and liberties of the nation by birth, allowing the people neither right nor liberty, but what depends upon royal grant and pleafure, according to the tenor of that prerogative challenged heretofore by the Kings of England; under whom, if the commonalty enjoyed any thing they ⚫ might call their own, it was not to be fo much efteem⚫ed a matter of right, as a boon and effect of grace and favour. But the government now is to be managed by a person that is elective, and that election muft take its rife originally and virtually from the people, as we fhall fully evince by and by, in particular, and fhew that all power, both legiflative and execu(d) Cafe of tive, doth flow from the community; than which there 'cannot be greater evidence of publick freedom (d).' . We see our friends have taken in the good of all the three forts of government, and bound them all • in one. If war be, here is the unitive virtue (but nothing elfe) of monarchy to encounter it; and here is the admirable counfel of ariftocrafie to manage it: if peace be, here is the induftry and courage of democrafie to improve it. And whereas in the present conftitution, the legislative and executive powers are feperated; the former being vefted in a conftant fucceffion of parliaments elective by the people, the latter in an elective Lord Protector and his fucceffors, affifted by a council; we conceive the state of this ⚫ commonwealth reduced to fo juft a temper, that the ills either of fucceffive parliaments, furnished with power both of executing and making laws, or of a perpetual parliament, (which are divifion, faction, and confufion) being avoided on the one fide, and the • inconveniences of an abfolute lordly power on the other; the frame of government appears fo well bounded on both fides, that we hope it may now (through the bleffing of God) prove a feasonable mean (as for the better defending thefe dominions against enemies abroad, and promoting our intereft in foreign parts, fo alfo) of peace and fettlement to this diftracted nation ; and be of durable continuance to fucceeding ages (*).' In this manner was the erection of the protectorate de

(*) Id. p.

fended.

fended. By the fame writer we find it endeavoured to be proved, That by this fettlement all the grand acts of fovereignty were either immediately, or influentially lodged in the people; and that the objections against < it were ill founded.' After which follows a little panegyric on Cromwell and his new government, in the following words: As touching the perfon, whom the • Lord hath now advanced and fet over us to be our supream magiftrate, we fhall not fay much, because he feeks not the praise of men; only we believe even the • enemies will confefs that he is every way worthy to rule, ⚫ whom God hath been pleased to use as his inftrument < in that glorious work of redeeming the liberties of his people; for we are bold to fay (weighing all circumstances together) that this nation was never really free, nor in a way of enjoying its freedom fo fully as now; fo that there wants nothing but a cordial close with the government, to destroy all hopes of the common ene- (e) Cafe of my, and compleat our happinefs (e).This piece the Comis referred to by Cromwell for fatisfaction concerning P. 47. his government, in one of his fpeeches to the parliament (f), and it was alfo tranflated into Latin, for a (f) See Parjuftification abroad. What force there is in it, the rea- Hiftory, vol. der may form fome judgment by the above extracts. xx. p. 419. -No fooner had the inauguration of Cromwell been performed, but he and his council had feveral appli⚫cations and addreffes made to them from divers confi

monwealth,

liamentary

derable places, acknowledging his power and govern- (g) Whitment, and promifing obedience to it (g). Indeed lock, p. there was an almoft univerfal acquiefcence for the pre- 579. fent, as is owned by a mortal foe to Cromwell, in the following paffage. That which difpofed the minds of the people to abstain from a prefent proteftation against this government, befides the agony of the late confufions, and the astonishment upon the new wonderful alteration, was, that it was but temporary, and that limited to a very fhort time; a free parliament was to be called within fo many months, which was entirely to confider and fettle the government of the kingdom, and to remove all thofe obftructions which hinder the peace and happiness of the nation, and to

re

(b) Letter

from a true and lawful

and dreaded (AAA) by the nations around

him.

reftore it to that tranquillity and quiet it had been fo long deprived of: and the protector was fworn to a due obfervation of all thofe articles, which he had Member of himself prefcribed for his own rules and bounds, and Parliament, therefore the more hope that he would be contented Lords of his to be limited by them (b).—The truth is, by the Highneties power and artifice of Oliver the government of England Councel. P. had been diffolved, and a new one was now erected,

to one of the

53. 4to.

1656.

6

.

.

which promifed fair enough for the prefervation and happinefs of the community. Nothing therefore remained for the people to do, but to fubmit unto it, and make the beft of it. The obligation of fubjects to the fovereign, fays Mr. Hobbs, is understood to last as long, and no longer, than the power lafteth, by which he is able to protect them. For the right men have by nature to protect themselves, when none else can protect them, can by no covenant be relinquifhed. The fovereignty is the foul of the commonwealth; which once departed from the body, the members do no 6 more receive their motion from it. The end of obedience is protection; which, wherefoever a man seeth it, either in his own, or in another's fword, nature < applyeth his obedience to it, and his endeavour to maintain it. And though fovereignty, in the intention of them that make it, be immortal; yet it is in its own nature, not only fubject to violent death, but foreign war; but alfo through the ignorance and pasfions of men, it hath in it, from the very inflitution, many feeds of natural mortality, by inteftine difLond. 1651. cord (i).'

(i) Levia

than, p. 114. Fol.

(AAA) He rivaled the greatest of our monarchs in glry, and made himself courted and dreaded by the nations around bim.] If there ever appeared in any state, fays • Wicquefort, a chief who was at the fame time both tyrant and ufurper, moft certainly Oliver Cromwell was 'fuch and yet for all that, never was there an ufurper fo folemnly acknowledged. Immediately after the • death

: