[Sidenote a: A.D. 1649. Jan. 30.]
[Sidenote b: A.D. 1649. Feb. 6.]
[Sidenote c: A.D. 1649. Feb. 7.]
to be ingrafted on them were postponed, proved sufficient; from that hour the kingship (the word by which the royal dignity was now designated), with the legislative and judicial authority of the peers, was considered extinct, and the lower house, under the name of the parliament of England, concentrated within itself all the powers of government.[1]
The next measure was the appointment, by the Commons, of a council of state, to consist of forty-one members, with powers limited in duration to twelve months. They were charged[a] with the preservation of domestic tranquillity, the care and disposal of the military and naval force, the superintendence of internal and external trade, and the negotiation of treaties with foreign powers. Of the persons selected for this office, three-fourths possessed seats in the house; and they reckoned among them the heads of the law, the chief officers in the army, and five peers, the earls of Denbigh, Mulgrave, Pembroke, and Salisbury, with the Lord Grey of Werke, who condescended to accept the appointment, either through attachment to the cause, or as a compensation for the loss of their hereditary rights.[2] But at the very outset a schism appeared among the new counsellors. The oath required of them by the parliament contained an approval of the king's trial, of the vote against the Scots and their English associates, and of the abolition of monarchy and of the House of Lords. By Cromwell and
[Footnote 1: Journals, 1649, Jan. 30, Feb. 6, 7. Cromwell voted in favour of the House of Lords.—Ludlow, i. 246. Could he be sincere? I think not.]
[Footnote 2: The earl of Pembroke had the meanness to solicit and accept the place of representative for Berkshire; and his example was imitated by two other peers, the earl of Salisbury and Lord Howard of Escrick, who sat for Lynn and Carlisle.—Journals, April 16, May 5 Sept. 18. Leicester's Journal, 72.]
[Sidenote a: A.D. 1649. Feb. 13.]
[Sidenote b: A.D. 1649. Feb. 14.]
eighteen others, it was taken cheerfully, and without comment; by the remaining twenty-two, with Fairfax at their head, it was firmly but respectfully refused.[a] The peers alleged that it stood not with their honour to approve upon oath of that which had been done in opposition to their vote; the commoners, that it was not for them to pronounce an opinion on judicial proceedings of which they had no official information. But their doubts respecting transactions that were past formed no objection to the authority of the existing government. The House of Commons was in actual possession of the supreme power. From that house they derived protection, to it they owed obedience, and with it they were ready to live and die. Cromwell and his friends had the wisdom to yield; the retrospective clauses were expunged, and in their place was substituted a general promise of adhesion to the parliament, both with respect to the existing form of public liberty, and the future government of the nation, "by way of a republic without king or house of peers."[1]
This important revolution drew with it several other alterations. A representation of the House of Commons superseded the royal effigy on the great seal, which was intrusted to three lords-commissioners, Lysle, Keble, and Whitelock; the writs no longer ran in the name of the king, but of "the keepers of the liberty of England by authority of parliament;" new commissions were issued to the judges, sheriffs, and magistrates; and in lieu of the oaths of allegiance and supremacy, was required an engagement to be true to the commonwealth of England. Of the
[Footnote 1: Journals, Feb. 7, 13, 14, 15, 19, 22. Whitelock, 378, 382, 383. The amended oath is in Walker, part ii. 130.]
[Sidenote a: A.D. 1649. Feb. 17.]
[Sidenote b: A.D. 1649. Feb. 22.]