had shewn themselves averse to a victorious conclusion of the war, without putting a direct affront upon them. It must also be supposed, that at least many of the supporters of the measure were strongly convinced of the advantage of separating the character of an officer, civil or military, and a legislator. СНАР. XXI. 1645. causing the What was the cause of the striking difference Motives between the first and the second self-denying or- second. dinance, must be a matter purely of conjecture. It is not improbable that some of the great leaders of the independent interest began in this interval to suspect, that the advantage of permanently separating the legislative character, and that of an officer, civil or military, was more specious than real. Besides, as their adversaries had contrived to defeat their measure in the upper house, they felt less delicacy towards them, and constructed an edict which more plainly pointed at the individual change in the public service which they held to be immediately required. The new law therefore was a temporary expedient, and the general principle was left as before. How far it is true, that the party now in power shamelessly grasped at every emolument they could procure, and enriched themselves with the spoils of the nation, is a question we shall hereafter have oc casion to examine. of John Lil From the scene of these momentous changes, Disposition and these heroic proceedings, it is not unnatural burne. CHAP. 1645. Disposition to look back to John Lilburne. While all this was doing, he sat in his corner, and could think of nothing, but the impropriety of answering interrogatories. Such is the true picture of a vulgar patriot-narrow of comprehension, impassioned, stiff in opinion-seeing nothing, but what he can discern through one small window, and sitting at a distance from that-so that the entire field of his observation, his universe, in the wide landscape of the world, and the immense city of man'kind, with all its lanes, its alleys, its streets, and its squares, is twelve inches by twelve. Remarkably in contrast with this is the spirit ofCromwel of Cromwel's letter to the house of commons, giving an account of the surrender of Bristol. Officers of state. Presbyterians, independents," says he, "all have here the same spirit of faith and prayer : they agree here, have no names of difference : pity it is, it should be otherwise any where "." The self-denying ordinance which passed into a law early in the present year, purported no more than the discharging all members of either house of parliament from whatever offices, civil or military, that had been conferred on them by the legislature. In pursuance of this law many eminent officers resigned their appointments, and among the rest the earl of Warwick, lord high admiral. It was however judged expedient, that the affairs of the admiralty, of the navy, and of the revenue should be administered by commissioners who were members of the two houses. The commissioners of the admiralty were six lords and twelve commoners, of whom the most conspicuous were the earls of Northumberland, Essex, and Warwick, lord Say, Denzil Holles, Selden and Whitlocke. The commissioners of the great seal, the majority of whom were members of parliament, were continued as before. CHAP. 1645. tion of Towards the close of the year, the parliament Nomina took another step in the style and character of an judges. authority sovereign and complete, but which the state of affairs seemed to render necessary. About the end of August the two houses voted, that it be referred to the commissioners of the great seal, to consider of fit persons to be judges in the room of those who were either dead or displaced ; and, one month later, Henry Rolle, Peter Pheasant, and Edward Atkins, serjeants at law, were nominated to be, a judge of the king's bench, a judge of the common pleas, and a baron of the exchequer, respectively. They were sworn into their offices, preparatory to the commencement of Michaelmas term a. About the same time Richard Tomlyns was constituted cursitor baron of the exchequer, in the room of the person who had previously held * Journals of Commons, April 7. ▾ Journals of Commons, Aug. 27. Of Lords, Sep. 30. * Ibid. Sep. 30. a Whitlocke, Oct. 28. XXI. 1645. CHAP. the office, but who had adhered to the king b. An ordinance at the same time received the sanction of parliament, declaring five of the judges, Heath, Crawley, Weston, Foster and Mallet, for having deserted their places, and advised and assisted the war against the parliament, to be disabled, and their appointments to be void, in the same manner as if they were actually dead. In opposition to these proceedings, the anti-parliament at Oxford emitted a declaration, pronouncing the commissions of the judges under the great seal at Westminster, and the pleadings there, to be high treason, and that great seal to be void. This was nearly the last sitting of that anomalous assembly. Journals of Lords, Sep. 29. Journals of Lords, Nov. 24. 47 CHAPTER XXII. COMMENCEMENT OF THE MISUNDERSTANDING BETWEEN THE PARLIAMENT AND THE SCOTS.- BESIEGE NEWARK. XXII. 1645. Commencement of the mis under standing between the DURING the whole of this year that coolness and CHAP. alienation grew up between the Scots and the ruling party in England which was afterwards attended with such memorable consequences. The first root of this difference is to be found in the question of presbyterianism. The motive that had at all times been assigned as being the leading parliament inducement to the Scots to enter into the solemn Scots league of autumn 1643, and afterwards to send an army into England to cooperate with the forces of the parliament, was the desire to see an uniformity of church-government established in both parts of the island. The Scots had therefore always looked on the party of the independents and the |