the representation in parliament (RR), of

the

the English government; they had invaded the English territories, and put the government to great charges, and were known, moft of them, to be ftill, in their hearts, addicted to the race, from whom, and for whom, they had fuffered fo much. Could thefe men then expect any favour, any reward from his hands? That the jurifdictions were in the hands of enemies, and supported their power, had been caufe fufficient to wrest thefe from them. So that, by this learned gentleman's leave, tyranny is not to be imputed to Cromwell on this account, but his policy, and, indeed, humanity, ought to be applauded, who difarmed a fet of petty tyrants, and gave freedom to thofe who had groaned long under vaffalage and chains.

(RR) New modelling the reprefentation in parliament.] At what time the commons began to have reprefentatives in parliament is none of my bufinefs to enquire. Those who defire information must confult our historians and antiquaries, especially Prynne, and Petyt, men of vaft diligence and erudition. Suffice it here to say, that in the time of Henry the third they were poffeffed of it.—The advantages of this reprefentation are well known. The house of commons has frequently afferted the liberties of the nation, framed good laws, brought to punishment bad minifters, and hindered the introduction of defpotifm, to which fome of our princes have been but too much inclined. It has been the aim therefore of thefe to influence the electors in their choice of members, and to bribe, to flatter, to menace, and terrify them when chofen, from adhering to the interefts of their country and conftituents. The fmall boroughs being moft eafily led by the agents of princes and their minifters, were from time to time privileged with the choice of members, especially if in any good degree dependant on the crown, whereby it came to pafs that the majority was generally under court influence, and directed by the will of the fovereign, or his

fa

the people of the kingdom of England, fo

much

favourite for the time being. This was an inconvenience which had long been felt, but was almost impoffible to be remedied in the common course of things. But when the conftitution was broken, when the power of the crown and of the lords was abolished, and there was a neceffity for great alteration in the frame of the government, one of the first things that was proposed to the confideration of the parliament of the commonwealth of England was a more equal reprefentative. This was contained in a Petition from his excellency Thomas Lord Fairfax, and the general councel of officers of the army, to the honourable the commons in parliament affembled, concerning the draught of an agreement of the people for a fecure and prefent peace, by them framed and prepared,' prefented January 20, 1649, N. S. The agreement was offered to the confideration of the house firft, and then to every man without doors, to fubfcribe it, to whofe judgment it was agreeable. In this they fay- Since our former oppreffions, and not yet ended troubles, have been occafioned, either by want of frequent national meetings in councel, or by the undue or unequal conftitution thereof, or by rendring thefe meetings uneffectual: we are fully refolved, God willing, to provide, that hereafter our reprefentatives be neither left to an uncertainty for time, nor be unequally conftituted, nor made ufe'lefs to the ends for which they are intended. In order whereunto we declare and agree,

、

1. That to prevent the many inconveniences, ap'parently arifing from the long continuance of the fame 'perfons in fupream authority, this prefent parliament ' end and diff Ive upon, or before the last day of April, 1649.

6

2. That the people of England (being at this day very unequally diftributed, by counties, cities, and burroughs, for the election of their reprefentatives) be indifferently proportioned, and to this end, that the " repre

U

much needed and approved, though left

unfi

reprefentative of the whole nation fhall confift of four hundred perfons, or not above; and in each county, and the places hereto fubjoined, there fhall be chofen, to make up the faid representative at all times, the feveral members here mentioned.'-Then follows the number of each county, with the burroughs, towns and parifhes therein, except fuch as were under particularly named.

It is obfervable that in the fcheme for a new reprefentative, the little burroughs were wholly deprived of the liberty of fending members, any otherwife than as they had votes in common for the county, though fome of the opulent towns and cities had the priviledges of fending one or more according to the number and riches of the inhabitants. Thus for inftance, the county of Cornwall, with the boroughs, towns, and parishes therein, were to fend eight, the county of Deven with the boroughs, towns and parithes were to have twelve, befides Exeter, which were to chufe two, Plymouth two, and Barnfalle one. Wilts, including one for Salisbury, eight; the Cinque Ports three, &c. But on the contrary, the county of Middlefex were to chufe four; the city of London eight, the city of Wefiminfer and the dutchy two, befides Southwark, which had two allotted for it likewife. Many rules relating to the choice and regulation of the reprefentative were recommended, as

That of courfe it fhould be chosen every two years; that no member of any councel of ftate, nor any officer of any falary, forces in the army, or garrifon, nor any treasurer or receiver of publique moneys, fhall, while fuch, be elected to be of a reprefentative; that one hundred and fifty members be always prefent at each fitting of the reprefentative at the paffing of any law, or pafling any act, whereby the people are to be bound; that in each interval betwixt biennial reprefentatives, the councel of ftate (which was to be chofen by parliament, and to continue till

'the

unfinished by them; their attempts to reform

the tenth day after the mecting of the next reprefentative for the management of publique affairs) in cafe of imminent danger or great neceflity, may fummon a representative to be forthwith chofen and to meet; fo as the feffion thereof continue not above fourfcore days, and fo as it diffolve at least fifty days. before the appointed time for the next biennial reprefentative.With regard to the power given to the reprefentative, it was declared that though the fupream truft was to be invefted with them for the prefervation and government of the whole, yet many things ought not to be left in their power: particularly prefling men to ferve in war either abroad or at home, unlefs in the way of training and exercifing them in order to repel foreign invafions, or quell inteftine commotions; invalidating fecurities given or to be given on the publique faith; exempting any perfons from fubjection to the laws, or giving judgment on any man's perfon or eftate, where no law hath before provided.' It was alfo added, That no reprefen-. tative may in any wife render up, or give, or take away any the foundations of common right, liberty and fafety contained in the agreement; nor level mens cftates, deftroy propriety, or make all things common: and that in all matters of fuch fundamental concernment, there fhall be a liberty to particular 'members of the faid reprefentatives to enter their ditfents from the major voice.'--With refpect to religion, they defired, That the chriftian religion be held forth and recommended as the publick profefion in the nation; that publick teachers might be maintained by the reprefentatives out of the publick treafury, not by tythes, provided that popery or prelacy be not held forth as the publick way or profeflion in this nation. It was moreover added, that to the publick profeffion fo held forth, none be compelled by penalties or otherwife; and that fuch as profefs faith U 2

.

(g) Petition, &c.4to.Lon

don printed for John Partridge, &c. 1649.

form the abuses of the law, and their enacting

in God by Jefus Chrift, (however differing in judgment from the doctrine, difcipline or worship publickly held forth) fhall not be reftrained from, but fhall be protected in the profeffion of their faith, and exercife of their religion according to their confciences in any place (except the places fet apart for the publick worship, which without leave they were not to make use of) fo as they abuse not this liberty to the civil injury of others, or to the actual disturbance of the publick peace (g).' The officers who presented this petition and agreement were thanked by the Speaker in the name of the house, and told withall that it should be taken into confideration with all convenient fpeed. It was at the fame time ordered by them to be printed. According to their promife, the house fell very feriously to confider this propofal for a new reprefentative. A committee was appointed, May 15 following, for this purpose; and on the 9th of January, 1649, O. S. Sir Henry Vane junior reported from the committee their proceedings, and their votes, as heads, to be the grounds of the debate of the house. These contained the numbers each county were to fend to parliament, formed on the plan in the agreement of the people, though in many inftances differing from it, but yet proportioned in fuch a mannner as to be apparently for the public (b) See Jour- good, and preferable to what had before been made nal of Jan. 9, ufe of (b). In confequence of this report, it was re16.9. And folved by the parliament, that the number of perfons, Parliamen that fhall he elected for the commonwealth, to fit and vol. xix. p. ferve in parliament for this nation, as members thereof, fhall not exceed four hundred. The committee had refolved alfo, that the pleasure of the houfe fhould be known whether there fhould be a particular diftribution of the faid proportions upon feveral places within each respective county. And morcover, that the right of electing and fending of members to parliament for ever, according to the faid proportions refpectively be granted

tary History,

245.

and