[387] Parl. Hist. 349. The council of war more than once, in the year 1647, declared their intention of preserving the rights of the peerage. Whitelock, 288, and Sir William Waller's Vindication, 192.
[388] Commons' Journal, 13th and 19th May 1646.
[389] Lords' Journals.
[390] Commons' Journals. It had been proposed to continue the House of Lords as a court of judicature, or as a court of consultation, or in some way or other to keep it up. The majority, it will be observed, was not very great; so far was the democratic scheme from being universal even within the house. Whitelock, 377. Two divisions had already taken place; one on Jan. 9, when it was carried by thirty-one to eighteen, that "a message from the Lords should be received;" Cromwell strongly supporting the motion, and being a teller for it; and again on Jan. 18, when, the opposite party prevailing, it was negatived by twenty-five to eighteen, to ask their assent to the vote of the 4th instant, that the sovereignty resides in the Commons; which doubtless, if true, could not require the Lords' concurrence.
[391] Whitelock, 396. They voted that Pembroke, as well as Salisbury and Howard of Escrick, who followed the ignominious example, should be added to all committees.
[392] Commons' Journals; Whitelock. It had been referred to a committee of five members, Lisle, Holland, Robinson, Scott, and Ludlow, to recommend thirty-five for a council of state; to whose nominations the house agreed, and added their own. Ludlow, i. 288. They were appointed for a year; but in 1650 the house only left out two of the former list, besides those who were dead. Whitelock, 441. In 1651 the change was more considerable. Id. 488.
[393] Six judges agreed to hold on their commissions, six refused. Whitelock, who makes a poor figure at this time on his own showing, consented to act still as commissioner of the great seal. Those who remained in office affected to stipulate that the fundamental laws should not be abolished; and the house passed a vote to this effect. Whitelock, 378.
[394] Whitelock, 444 et alibi. Baxter's Life, 64. A committee was appointed, April 1649, to enquire about ministers who asperse the proceedings of parliament in their pulpits. Whitelock, 395.
[395] State Trials, v. 43. Baxter says that Love's death hurt the new commonwealth more than would be easily believed, and made it odious to all the religious party in the land, except the sectaries. Life of B., 67. But "oderint dum metuant" is the device of those who rule in revolutions. Clarendon speaks, on the contrary, of Love's execution triumphantly. He had been distinguished by a violent sermon during the treaty of Uxbridge, for which the parliament, on the complaint of the king's commissioners, put him in confinement. Thurloe, i. 65; State Trials, 201; though the noble historian, as usual, represents this otherwise. He also misstates Love's dying speech.
[396] Whitelock, 516.