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reign of the saints from coming to an untimely end, they placed one Moyer in the chair, and began to draw up protests. They were soon interrupted by Colonel White, with a party of soldiers. He asked them what they did there. "We are seeking the Lord," said they. "Then you may go elsewhere," replied he; “for to my certain knowledge, he has not been here these many years.'

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The military being now, in appearance, as well as in reality, the sole power which prevailed in the nation, Cromwell thought fit to indulge a new fancy; for he seems not to have had any deliberate plan in all these alterations. Lambert, his creature, who, under the appearance of obsequiousness to him, indulged an unbounded ambition, proposed, in a council of officers, to adopt another scheme of government, and to temper the liberty of a commonwealth by the authority of a single person, who should be known by the appellation of protector. Without delay, he prepared what was called "the instrument of gov ernment," containing the plan of this new legislature; and as it was supposed to be agreeable to the general, it was immediately voted by the council of officers. Cromwell was declared protector; and with great solemnity installed in that high office.

So little were these men endowed with the spirit of legislation, that they confessed, or rather boasted, that they had employed only four days in drawing this instrument, by which the whole government of three kingdoms was pretended to be regulated and adjusted to all succeeding generations. There appears no difficulty in believing them, when it is considered how crude and undigested a system of civil polity they endeavored to establish. The chief articles of the instrument are these: A council was appointed, which was not to exceed twenty-one, nor be less than thirteen persons. These were to enjoy their office during life or good behavior; and in case of a vacancy, the remaining members named three, of whom the protector chose one. The protector was appointed supreme magistrate of the commonwealth: in his name was all justice to be administered; from him were all magistracy and honors derived; he had the power of pardoning all crimes, excepting murder and treason; to him the benefit of all forfeitures devolved. The right of peace, war, and alliance, rested in him; but in these particulars he was to act by the advice and with the consent of his council. The power of the sword was vested in the protector jointly with the parliament, while it

was sitting, or with the council of state in the intervals. He was obliged to summon a parliament every three years, and allow them to sit five months, without adjournment, proroga. tion, or dissolution. The bills which they passed were to be presented to the protector for his assent; but if within twenty days it were not obtained, they were to become laws by the authority alone of parliament. A standing army for Great Britain and Ireland was established, of twenty thousand foot and ten thousand horse; and funds were assigned for meir support. These were not to be diminished without consent of the protector; and in this article alone he assumed a negative. During the intervals of parliament, the protector and council had the power of enacting laws, which were to be valid till the next meeting of parliament. The chancellor, treasurer, admiral, chief governors of Ireland and Scotland, and the chief justices of both the benches, must be cnosen with the approbation of parliament; and in the intervais, with the approbation of the council, to be afterwards rated by parliament. The protector was to enjoy his office during life; and on his death, the place was immediately to be supplied by the council. This was the instrument of government enacted by the council of officers, and solemnly sworn to by Oliver Cromwell. The council of state named by the instrument, were fifteen; men entirely devoted to the protector, and by reason of the opposition among themselves in party and prin ciples, not likely ever to combine against him.

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Cromwell said, that he accepted the dignity of protector, merely that he might exert the duty of a constante, and preserve peace in the nation. Affairs indeed were brought to that pass, by the furious animosities of the several factions, that the extensive authority and even arbitrary power of some first magistrate was become a necessary evil, in order to keep the people from relapsing into blood and confusion. The Independents were too small a party ever to establish a popular government, or intrust the nation, where they had so little interest, with the free choice of its representatives. The Presbyterians had adopted the violent maxims of persecution; incompatible at all times with the peace of society, much more with the wild zeal of those numerous sects which prevailed among the people. The royalists were so much enraged by the injuries which they had suffered, that the other prevailing parties would never submit to them, who, they knew, were enabled, merely by the execution of the ancient laws, to take

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severe vengeance upon them. Had Cromwell been guilty of no crime but this temporary usurpation, the plea of necessity and public good, which he alleged, might be allowed, in every view, a reasonable excuse for his conduct.

During the variety of ridiculous and distracted scenes which the civil government exhibited in England, the military force was exerted with vigor, conduct, and unanimity; and never did the kingdom appear more formidable to all foreign nations. The English fleet, consisting of a hundred sail, and commanded by Monk and Dean, and under them by Pen and Lauson, met near the coast of Flanders with the Dutch fleet, equally numerous, and commanded by Tromp. The two republics were not inflamed by any national antipathy, and their interests very little interfered: yet few battles have been disputed with more fierce and obstinate courage, than were those many naval combats which were fought during this short but violent war. The desire of remaining sole lords of the ocean animated these states to an honorable emulation against each other. After a battle of two days, in the first of which Dean was killed, the Dutch, inferior in the size of their ships, were obliged, with great loss, to retire into their harbors. Blake, towards the end of the fight, joined his countrymen with eighteen sail. The English fleet lay off the coast of Holland, and totally interrupted the commerce of that republic.

The ambassadors whom the Dutch had sent over to Engländ, gave them hopes of peace. But as they could obtain no cessation of hostilities, the states, unwilling to suffer any longer the loss and dishonor of being blockaded by the enemy, made the utmost efforts to recover their injured honor. Never, on any occasion, did the power and vigor of that republic appear in a more conspicuous light. In a few weeks, they had repaired and manned their fleet; and they equipped some ships of a larger size than any which they had hitherto sent to sea. Tromp issued out, determined again to fight the victors, and to die rather than to yield the contest. He met with the enemy, commanded by Monk; and both sides immediately rushed into the combat. Tromp, gallantly animating his men, with his sword drawn, was shot through the heart with a musket ball. This event alone decided the battle in favor of the English. Though near thirty ships of the Dutch were sunk and taken, they little regarded this loss compared with that of their brave admiral.

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Meanwhile the negotiations of peace were continually advancing. The states, overwhelmed with the expense of the war, terrified by their losses, and mortified by their defeats, were extremely desirous of an accommodation with an enemy whom they found by experience too powerful for them. The king having shown an inclination to serve on board their fleet, though they expressed their sense of the honor intended them, they declined an offer which might inflame the quarrel with the English commonwealth. The great obstacle to the peace was found, not to be any animosity on the part of the English, but, on the contrary, a desire too earnest of union and confederacy. Cromwell had revived the chimerical scheme of a coalition with the United Provinces; a total conjunction of government, privileges, interests, and councils. [1654.] This project appeared so wild to the states, that they wondered any man of sense could ever entertain it; and they refused to enter into conferences with regard to a proposal which could serve only to delay any practicable scheme of accommodation. The peace was at last signed by Cromwell, now invested with the dignity of protector; and it proves sufficiently, that the war had been impolitic, since, after the most signal victories, no terms more advantageous could be obtained. A defensive league was made between the two republics. They agreed, each of them, to banish the enemies of the other: those who had been concerned in the massacre of Amboyna were to be punished, if any remained alive; the honor of the flag was yielded to the English: eighty-five thousand pounds were stipulated to be paid by the Dutch East India Company for losses which the English Company had sustained; and the Island of Polerone, in the East Indies, was promised to be ceded to the latter.

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Cromwell, jealous of the connections between the royal family and that of Orange, insisted on a separate article; that neither the young prince nor any of his family should ever be invested with the dignity of stadtholder. The province of Holland, strongly prejudiced against that office, which they esteemed dangerous to liberty, secretly ratified this article. The protector, knowing that the other provinces would not be induced to make such a concession, was satisfied with this security.

The Dutch war, being successful, and the peace reasonable brough credit to Cromwell's administration. An act of justice, which he exercised at home, gave likewise satisfac

tion to the people: though the regularity of it may perhaps appear somewhat doubtful. Don Pantaleon Sa, brother to the Portuguese ambassador, and joined with him in the same commission,* fancying himself to be insulted, came upon the exchange, armed and attended by several servants. By mistake, he fell on a gentleman whom he took for the person that had given him the offence; and having butchered him with many wounds, he and all his attendants took shelter in the house of the Portuguese ambassador, who had connived at this base enterprise.† The populace surrounded the house, and threatened to set fire to it. Cromwell sent a guard, who seized all the criminals. They were brought to trial; and notwithstanding the opposition of the ambassador, who pleaded the privileges of his office, Don Pantaleon was executed on Tower Hill. The laws of nations were here plainly violated; but the crime committed by the Portuguese gentleman was to the last degree atrocious; and the vigorous chastisement of it, suiting so well the undaunted character of Cromwell, was universally approved of at home, and admired among foreign nations. The situation of Portugal obliged that court to acquiesce; and the ambassador soon after signed, with the protector, a treaty of peace and alliance, which was very advantageous to the English commerce.

Another act of severity, but necessary in his situation, was, at the very same time, exercised by the protector, in the capital punishment of Gerard and Vowel, two royalists, who were accused of conspiring against his life. He had erected a high court of justice for their trial; an infringement of the ancient laws which at this time was become familiar, but one to which no custom or precedent could reconcile the nation. Juries were found altogether unmanageable. The restless Lilburn, for new offences, had been brought to a new trial; `and bad been acquitted with new triumph and exultation. If no other method of conviction had been devised during this illegal and unpopular government, all its enemies were assured of entire impunity.

The protector had occasion to observe the prejudices entertained against his government, by the disposition of the parlia. ment, which he summoned on the third of September, that day of the year on which he gained his two great victories of Dunbar and Worcester, and which he always regarded as Thurloe, vol. i. p. 616.

Thurloe, vol. ii, p. 429.

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