[Footnote 1: Journals, Dec. 23. Whitelock, 363.]

[Sidenote a: A.D. 1649. Jan. 1.]
[Sidenote b: A.D. 1649. Jan. 2.]
[Sidenote c: A.D. 1649. Jan. 4.]

that "whatsoever is enacted and declared for law by the Commons in parliament hath force of law, and concludes all the people of the nation, although the consent and concurrence of the king and the House of Peers be not had thereunto." But even in that hypothesis, how could the house, constituted as it then was, claim to be the representative of the people? It was in fact the representative of the army only, and not a free but an enslaved representative, bound to speak with the voice, and to enregister the decrees of its masters.[1] Two days later an act for the trial of the king was passed by the authority of the Commons only.

In the mean while Cromwell continued to act his accustomed part. Whenever he rose in the house, it was to recommend moderation, to express the doubts which agitated his mind, to protest that, if he assented to harsh and ungracious measures, he did it with reluctance, and solely in obedience to the will of the Almighty. Of his conduct during the debate on the king's trial we have no account; but when it was suggested to dissolve the upper house, and transfer its members to that of the Commons, he characterized the proposal as originating in revolutionary phrensy; and, on the introduction of a bill to alter the form of the great seal, adopted a language which strongly marks the hypocrisy of the man, though it was calculated to make impression on the fanatical minds of his hearers.[a] "Sir," said he, addressing the speaker, "if any man whatsoever have carried on this design of deposing the king, and disinheriting his posterity, or if any man have still such a design, he must be the greatest

[Footnote 1: Journals, x. 641. Commons, Jan. 1, 2, 4, 6. Hitherto the Lords had seldom exceeded seven in number; but on this occasion they amounted to fourteen—Leicester's Journal, 47.]

[Sidenote a: A.D. 1649. Jan. 9.]

traitor and rebel in the world; but since the providence of God has cast this upon us, I cannot but submit to Providence, though I am not yet prepared to give you my advice."[1]

The lord general, on the contrary, began to assume a more open and a bolder tone. Hitherto, instead of leading, he had been led. That he disapproved of much that had been done, we may readily believe; but he only records his own weakness, where he alleges in excuse of his conduct that his name had been subscribed to the resolves of the council, whether he consented or not. He had lately shed the blood of two gallant officers at Colchester, but no solicitations could induce him to concur in shedding the blood of the king. His name stood at the head of the commissioners: he attended at the first meeting, in which no business was transacted, but he constantly refused to be present at their subsequent sittings, or to subscribe his name to their resolutions.[A] This conduct surprised and mortified the Independents: it probably arose from the influence of his wife, whose desperate

[Footnote 1: For Cromwell's conduct see the letters in the Appendix to the second volume of the Clarendon Papers, 1. li. The authenticity of this speech has been questioned, as resting solely on the treacherous credit of Perrinchiefe; but it occurs in a letter written on the 11th of January, which describes the proceedings of the 9th, and therefore cannot, I think, be questioned. By turning to the Journals, it will be found that on that day the house had divided on a question whether any more messages should be received from the Lords, which was carried, in opposition to Ludlow and Marten. "Then," says the letter, "they fell on the business of the king's trial." On this head nothing is mentioned in the Journals; but a motion which would cause frequent allusions to it, was made and carried. It was for a new great seal, on which should be engraven the House of Commons, with this inscription:—"In the first year of freedom, by God's blessing restored, 1648." Such a motion would naturally introduce Cromwell's speech respecting the deposition of the king and the disherison of his posterity.]

[Sidenote a: A.D. 1649. Jan. 3.]