1653. Nov. 1. A new Council of State. CHAPTER XXVIII THE INSTRUMENT OF GOVERNMENT INFLUENTIAL as the fanatics were in the nominated Parliament, they did not constitute a majority in a full House, and the House was far more likely to be full when a new Council of State had to be chosen than when important legislation was in hand. It was arranged that, on November 1, sixteen members of the outgoing Council should be re-elected for the ensuing six months, and that to these should be added fifteen who had hitherto stood outside the Council. When the votes were counted it was found that Cromwell was unanimously elected by the 113 voters present. The next seven, with votes ranging from 110 to 62, were all of them afterwards members of the first Council of the Protectorate, whilst Harrison, who stood thirteenth on the list, reA Cromwel- ceived only 58 votes. The Council as finally lian majority appointed gave to Cromwell a working majority in Council. favour of peace with the Dutch, and of a more conservative policy in Church and State. Yet there was no such working majority in the House. Like the opponents of the Bishops in the first months of the Long Parliament according to Falkland's jest-the Moderate party amongst the nominees could not endure the irksome duty of constant attendance on the debates. Before the day of the election was over the numbers present dropped from 113 to 95. During the next ten days the highest number present at a division was 81. It thus came about that the two on the A balance of parties were pretty equally balanced when an actual vote was taken.1 1 Since this chapter was completed I have met with the following printed list of members (669, f. 19, No. 3), in which the Moderates are marked with a (*) and their opponents with a (†). The publication is assigned by Thomason to June 22 [1654]. "A Catalogue of the names of the members of the last Parliament, whereof those marked with a star were for the Godly Learned Ministry and Universities. 1653 PARTIES IN PARLIAMENT 309 There was, indeed, some progress made in legislation, to which little or no exception was taken. Amongst the Acts passed 2 without resistance was one for the relief of creditors and poor prisoners,1 another for the safe custody of idiots and lunatics, and a third repealing the iniquitous clause by which persons refusing to take the Engagement were denied the benefit of courts of justice, although the Act by Non-contentious legislation. There were therefore 84 Moderates and 60 of the Advanced party. A note of Thomason's incorrectly makes the latter 61. Scobell, ii. 259. 2 Act, 669, f. 17, No. 58. 1653 CHANCERY IN PERIL 311 which the Engagement was imposed was left unrepealed.' Public attention, however, as is usually the case, was directed specially to contentious legislation, and amongst this class was pre-eminently to be reckoned the proposals relating to the reform or abolition of Chancery and tithes. Oct. 15. opinion on Oct. 17. Oct. 22. Oct. 29. 2 On October 15 the struggle over Chancery, laid asleep in August, was revived by a motion that all suits in that Court should be suspended for a month to clear the way for Conflict of new legislation. The motion was, indeed, carried the abolition by a small majority, but a Bill founded on it was reof Chancery. jected on the 17th, though only by the casting vote of the Speaker. On the 22nd a Bill appointing commissioners to hear causes up to a certain date was rejected by the Moderates on the ground that it made no provision for the future, and on the 29th another Bill was rejected by the Advanced party on the opposite ground that it threatened to perpetuate existing abuses. At last, a third Bill was produced in which provision was made to use the language of an enthusiastic supporter-' for the taking down the Court, and for the despatch of the causes depending, and providing for the future in a summary way, so as any ordinary cause might be determined and ended for twenty or forty shillings, and in a very short time, and much strife and going to law prevented.' Yet, though Parliament continued sitting for more than five weeks after this marvellous Bill was read a second time, it never emerged from the Committee of Law to which it was immediately referred.3 Nov. 3. Nov. 4-24. Whatever might be the fate of Chancery, the Assessment Act must be renewed if the military and naval services were to be preserved from an entire collapse. Accordingly, a Bill renewing the monthly assessment of 120,000l. for another half-year was brought in on November 4. It at once met with serious opposition, and before it was brought 1 Act, E, 1,062, 23; see vol. i. 193. The ment Bill. 2 See p. 291. 3 C.J. vii. 335, 338, 340, 346. An Exact Relation, Somers Tracts, vi. 276. |