title of Lord Protector of the commonwealth

prefented to the parliament, that all fuch as are or hall be approved for publick preachers of the Gospel in the publick meeting places, fhall have and enjoy the maintenance already fettled by law; and such • other encouragement, as the parliament hath already appointed, or hereafter fhall appoint: and that where any fcruple payment of tythes, the three next jus tices of the peace, or two of them, fhall, upon complaint, call the parties concerned before them; and, by the oaths of lawful witneffes, fhall duly apportion the value of the faid tythes, to be paid either in money, or land by them to be fet out according to the faid value, to be held and enjoyed by him that was to have the faid tythes: and in cafe fuch apportioned • value be not duly paid, or enjoyed, according to the order of the faid juftices, the tythes fhall be paid in • kind, and shall be recovered in any court of record. Upon hearing and confidering what hath been offered to this committee touching propriety in tythes of incumbents, rectors, poffeffors of donatives, or propriate tythes, it is the opinion of this committee, and refolved to be fo reported to the parliament, that the faid perfons have a legal propriety in tythes (q). So that a regulation in tythes we fee was the thing intend- . ed, which yet raised a clamour against, and fixed a character on this parliament, as enemies to the ministry, to learning, and every thing valuable in fociety. Such is the hatred of ecclefiaftics against all who would reform their laws and cuftoms, however unjust and tyrannical. "Tis not forgotten how zealous thefe men were against the Quakers tythe bill in the year 1736. A bill founded (r) Anfwer on ftri&t juftice and perfect equity, and opposed through to the Coup- intereft, prejudice, or worfe views, as was then shewn, Plea against to a demonftration, in one of the best written tracts of the Quakers the age, by Lord Hervey (r).The parliament foon Tythe Bill, after refigned back their power into the hands of Cromwell. The account given of it in the Journals is as ful

(2) Journal,

Dec. 2,

1653.

try Parfon's

8ve Lond.

1736.

wealth of England, Scotland and Ireland. The

follows: Monday, 12th of December, 1653. It being moved in the houfe this day, that the fitting of this parliament any longer, as now conftituted, will ⚫ not be for the good of the commonwealth; and that ⚫ therefore it was requifite to deliver up unto the lord

general Cromwell the powers which they received " from him; and that motion being feconded by feveral other members; the house rofe; and the Speaker, with many of the members of the house, departed out of the houfe to Whitehall; where they, being the greater number of the members fitting in parliament, did, by a writing under their hands, refign unto his excellency their faid powers: and Mr. Speaker, attended with the members, did present the fame to his excellency, accordingly.' The following extract from a letter of Buffy Manfel, Efq; one of the members of this parliament, to his brother Edward Pritchard, Efq; will give us a clearer idea of this affair. Since I writ my laft to you, and some days before, wee were about a report from the committee of tieths, about fending • commiffioners to the feveral circuits to caft out all that they judged to be unfit to be minifters, and to put in all they judged to be fit upon the last day of • the weeke. This power and its appurtenances came to the queftion, and it was carried in the negative. Hereupon thofe gentlemen, that were for the report, came fooner than their usual hower upon Munday to the house, and there fpoke of the unlikelihood of doing good, and inftanced in feveral things, that they judged evill, that was don; and therefore defired that they would goe, and returne that power they had from whence they received it; and thereupon about forty, and the Speaker went to the generall, and did accordingly. Twenty feven flayed in the house a little time fpeaking to one another, and going to speak to the Lord in prayer, coll. Goff and liet. coll. White 6 came into the house, and defired them that were there Z. 2

to

(3) Thurloe, vol. i. p. 637

The grounds and reafons of this new fettle

ment

to come out. Some answered, that they were there by a call from the generall, and would not come out by their defire, unless they had a command from him. • They returned noe answer, but went out, and fetched two files of mufquetiers, and did as good as force them out; amongst whom I was an unworthy one (s).'— Ludlow, fpeaking of this refignation, attributes it to the ambition and artifice of Cromwell in the following words: The perfidious Cromwell having forgot his • most folemn profeffions and former vows, as well as the blood and treasure that had been spent in this conteft, thought it high time to take off the mafque, and refolved to facrifice all our victories and deliverances to his pride and ambition, under colour of taking upon him the office as it were of a high conftable, in order to keep the peace of the nation, and to re• strain men from cutting one another's throats. One difficulty yet remained to obftruct his defign, and that was the convention, which he had affembled and invefted with power, as well as earnestly follicited to reform the law, and reduce the clergy to a more evangelical conftitution. And having fufficiently alarmed thofe interefts, and fhown them their danger from the convention, he informs them farther, that they cannot be ignorant of the confufion that all things are brought into by the immoderate zeal of those in authority, and to what extremities matters might be reduced, if permitted to go on; poffibly, faid he, to the utter extirpation of law and gospel from amongst us; and therefore advised that they would join their interefts to his, in order to prevent this inundation. His propofition was readily embraced by the corrupt part of the lawyers and clergy, and fo he became their protector, and they the humble fupporters of his tyranny. But that his ufurpation might feem less horrid, he fo contrived it by his inftruments, that fome of the convention muft openly manifeft their difap⚫ pro

ment will deferve (zz) the attention of the curious

probation of their own proceedings, and under divers • fpecious pretences put a period to their fitting (t).'- (t) Vol. ii. • When the inftrument of refignation figned as above P. 471. • mentioned in the journal, was brought to Cromwell, 'tis faid he lifted up his eyes with astonishment; and, < with no less seeming modefty refused to receive it; but, at length, through the importunity of major-ge•neral Lambert and others, representing to him that the < welfare of the nation abfolutely required his acceptance of the parliament's refignation, he thought fit to comply with their requeft.'Cromwell indeed in a speech made to the enfuing parliament, September 12, 1654, pofitively affirms in the moft folemn manner, "That (u) Parliahe was fo far from having any hand in this project, mentary • that he was an abfolute stranger to the defign, till the xx. p. 244. Hiftory, vol. Speaker, with the major part of the house, came to In this vol. him with the inftrument of their refignation (u).' is the comFor my own part, I much doubt of the strict truth of count of this this. Can it be fuppofed that his creatures and favou- Parliament rites would have ventured on fuch a thing without be- extant. ing fatisfied of his approbation? Or that the officers would have dared to bring in a file of mufquetiers, and in a manner force the non-refigners out of the house, if they had not been well affured that it would be acceptable to him?-But be this as it may, the lord general having the power of the nation thus formally refigned up into his hands, he embraced the opportunity of exercifing it in his own name, in order to preserve the peace and fecure the laws and religion of the nation as he profeffed, though poffibly the luft of sway might have some small influence on his determination *.

(zz) The grounds and reafons of this new fettlement deJerve attention.] Cromwell having accepted the parliaZ3

ment's

Mr. Hume, in order I fuppofe to divert the readers, on mentioning Praife-God Barebone, has informed them, that It was ufual for the $ prefended Saints at this time to change their names from Henry, Ed

pleatest ac

ward,

curious reader. But how blameworthy foe

ver

Cambden's Re

mains, p. 42. 4to.

Lond. 1629.

ment's inftrument of refignation, called a council of officers and others, who after feveral days confultation, refolved that a council fhould be named, to consist not of more than 21, nor less than 13 perfons, and that the general fhould be chofen lord protector of the three nations. On the 16th of December, 1653, Oliver with great pomp was inaugurated in Westminster-Hall, after having first folemnly fworn to an inftrument of government prepared by his council, and others. It is well drawn, and fhews much judgment. By it the fupream legiflative authority of the commonwealth was placed in one perfon, and the people affembled in parliament; but the executive was to be in the lord protector, affifted with a council, who fhould difpofe of all magiftracy and honor, and have the power of pardons and benefit of forfeitures. In him likewife, with consent of parliament when fitting, was vefted the power of the militia, and forces by fea and land, as well as the prerogative of making war and peace. So that Cromwell, who by this inftrument was conftituted lord protector, was in a manner vefted with the old real rights of the English Kings, and had the authority conferred on him. But that provifion might be made for the people, and their benefit and advantage confulted, it was declared,

ward, Anthony, William, which they regarded as Heathenifh, into others more fanctified and godly: even the new Teftament names James, Andrew, &c. were not held in fuch regard as those borrowed from the Old Testament, Hezekiah, Habbakuk, Joshua, Zorobabel. Sometimes a whole odly fentence was adopted for a name.' In proof of this he gives a lift of names of a jury in the county of Suffex about this time, on the authority of one Brome, an obfcure and inconfiderable writer. This gentleman, however, fhould have known that this practice, (not of changing their names, as he fuppofes, but of fgiving fanctified and godly ones to their children) how ridiculous foever, was in ufe long before thefe times; and alfo that it was not more common then, than it had before been. Cambden would have informed him of the one, and the great variety of lifts of names ftill remaining in Thurloe, Scobel, and other collectors, of the other,

That