RESEARCHES HISTORICAL AND ANTIQUARIAN. I. A Debate between the Committee of the House of Commons in 1657, and O. Cromwell, upon the humble petition and advice of the Parliament, by which he was desired to assume the title of King. THE following Debate will, doubtless, engage the attention of our readers, not only by the importance of the question, but by the reputation of those who were deputed to discuss it, and the strength of the arguments employed by them, which, we hope, is not impaired by our method or expression. The difficulty of procuring this Debate, which was published in 1660, and we believe never afterwards re-printed, inclined us to insert it in our Magazine without alteration; but we found it, upon a closer examination, by no means adapted to the taste of those who expect entertainment and instruction at the same time; or require, at least, to be improved without unnecessary labour; for the speeches being taken, probably, in short-hand, with omissions of passages less important, and of such words as the writer imagined himself able to supply from the general contexture of the sentence and drift of the discourse, which is frequently practised by short-hand writers, are either for want of memory, or care in the copier, so ungrammatical, intricate, and obscure; so full of broken hints, imperfect sentences, and uncouth expressions, that very few would have resolution, or curiosity, sufficient to labour in search of knowledge through so many obstructions. Nor should we have attempted it, had we not been encouraged by the hopes of preserving others from so disgusting a task. The various arguments made use of by the several members of the committee, we have reduced, to avoid repetition, into one series or discourse, and annexed to each argument, in the margin, the names of those by whom it was produced. On April the 11th, [according to Whitlocke, on the 4th,] the Protector was attended by the committee, appointed by the parliament, to receive and answer his doubts and scruples relating to their request and advice, that he would assume the title of King; but the Protector being unwilling to disclose his own sentiments, till he was informed of the reasons by which the parliament had been determined, the following arguments were offered by the committee, which consisted of 100 members; those who were deputed to treat on this subject, being Oliver St. John, Lord Chief Justice. Mr. Whitlocke, one of the Commissioners of the Treasury. Mr. Lisle and Mr. Fines, Commissioners of the Great Seal. Lord Broghill. Mr. Lenthal, Master of the Rolls. Sir Charles Wolseley. Sir Richard Onslow. May it please your highness, It is with great satisfaction, that we see ourselves deputed by the parliament to confer with your highness, upon the settlement of the public tranquillity, and the establishment of such a form of government as may best promote the great ends for which government was instituted, for which we have been so long labouring, and for which we have hazarded our fortunes and our lives. We doubt not of finding your highness ready to concur in any lawful measures, that can contribute to the happiness of the public, to the pacification of those differences that have so divided them, and to the perpetuity of that freedom which has been so dearly purchased, and so successfully defended. And we cannot forbear to inform you that, in our opinion, in the opinion of the parliament, and of the people who are represented by it, these purposes cannot be effectually prosecuted by your highness without assuming not the office only, but the title likewise, of King. Your highness may demand why, having already made Chief Justice you Protector, invested you with the office Glynne. of chief magistrate, and intrusted you with the care of our liberties, our commerce, and our honour, we are now grown weary of our institution, and desire to restore a title, which a long series of wicked administration had made it proper to abrogate? To this we can easily answer, that our request is the request of the people, the people whose interest is chiefly to be considerSir Charles ed, and to whom it is your highest honour to be a faithful servant. That they have a right to Wolseley. judge for themselves, to promote their own hap Sir Charles Wolseley, piness by their own measures, and to distinguish their servants by what name or titles they shall judge most proper, cannot be denied. Monarchy has always been thought by this nation, the most eligible form of government, and the title of King has been always considered by them as essen tial to it. The office has never been complained of, nor the title changed, even by those parliaments that have made the strictest inquiries into Ch. Justice the defects of our constitution, and have had Glynne. power to reform whatever they disliked. The office in general was always regarded as useful and necessary, and the title was reverenced, when the conduct of him that held it was condemned. It is never prudent to make needless alterations, because we are already acquainted with all the consequences of known establishments and ancient forms; but new methods of administration may produce evils which the most prudent cannot Whitlocke. foresee, nor the most diligent rectify. But least of all are such changes to be made as draw after them the necessity of endless alterations, and extend their effects through the whole frame of government. That the change of the title of King to that of Protector, or any other, would affect the remotest links of subordination, and alter the whole constitution, is evident, at the most superficial and transient view of the laws Whitlocke, and customs of the nation. Every officer of Lenthal, justice acts in the King's name, and by the King's Glynne, authority, an authority that gives life and effiFines, cacy to law, and makes every sentence valid Broghill. and binding. In all criminal cases the law knows not any prosecutor but the king, nor can inflict any punishment but in his name. If it be urged, the judges have already taken their commissions in the name of the lord Protector, and Glynne. supposed his authority and that of the King to be the same, let it be remembered that the judges themselves were far from concurring in their opinions; they, whose province it is to justify the proceedings of the government to the people, were not satisfied themselves, and even those that complied with least reluctance pleaded rather the resistless force of necessity, than the authority of law or the evidence of reason; and let us not reduce our judges to say, when either the captious or conscientious inquirer shall demand the reasons of their conduct, that they act not as they ought but as they must. In desiring you to assume this title, the parliament has regard not only to conscience but prudence, not only to the people's happiness but to your safety. The office of Protector is new and unheard of till now, and Whitlocke, by consequence unknown to the law, nor unGlynne, derstood with regard to its relation to other parts Lisle, of the constitution; so that neither the duties Broghill of Protector are known by the people, nor those of the people by the Protector; such ignorance and uncertainty can produce nothing but disputes, murmurs and confusion. The knowledge of our duty is necessarily previous to the practice of it, and how can any man know his duty to a magistrate, to whose authority he is a stranger? Wolseley. The limits of obedience to a Protector are settled by no law, nor is there any statute in being that condemns any attempt to shake off his authority. For this reason it is not without long hesitation and importunate persuasion, that juries are prevailed upon to assign the name, and fix the guilt, of treason to any conspiracies against your life or government. The King's authority is supported by the law, and his person is exempt from violation; but the Protector's office has no such sanction, and his power may therefore be, if not justly, yet legally resisted; nor is his person secured any otherwise than that of the meanest subject. The Protector is, indeed, in a state of greater difficulty and embarrassment than any other member of the community; he is obliged to obey the laws, but with regard to his office is not protected by them; he is restrained by the law from any exorbitant exertions of power, but not supported by it in the due exercise of his authority. This defect in the supreme magistracy must affect all subordinate authority; those who act by the Protector's commission, can receive from him no other power than such as he is invested with, a power which the laws of the nation, those laws to which on all occasions every man must appeal, disavow, and reject. So that no man can be obliged by law to admit the determinations of the courts as obligatory and conclusive; and how great the number is of those who deny any moral or conscientious reason for obedience to the present government, your highness needs not to be informed. These men, however at present subjected, are at least formidable by their multitudes, and it is always more eligible to procure |