had been concerned in a murder in London, which had arisen out of a quarrel between himself and some of his train, and an English gentleman, at the New Exchange. After the commission of the crime, he had taken refuge in the ambassador's house, as in a privileged asylum; but, notwithstanding, he, and several more Portuguese, were seized, committed to Newgate, and, in due course, tried before the court even yet, by Whitelock, styled that of King's Bench.* Here, the chief criminal pleaded, that, not only as he was the ambassador's brother, but as he was by his royal master constituted ambassador in his brother's absence, he was by the law of nations exempt from trial; but, in disregard of this plea, upon the jury (consisting, as in all ordinary cases of the kind, of six denizens and six aliens) finding him guilty with the rest, all were sentenced to be hanged. Whereupon, the only mercy extended to him in quality of his functions, by the Protector, was commutation of the sentence

* More commonly, however, it would appear to have been now designated the Upper Bench. But its having, in any degree, retained its original appellation during the Protectorate, is the more remarkable, as, under Queens-Regnant, this court is always called the Queen's Bench, the chief magistrate, in person, being by law presumed to preside over its jurisdiction.

into beheading: and the unhappy ambassador himself, not to stay to witness the execution, signed the treaty with Cromwell at eight o'clock in the morning, and embarked at Gravesend at ten, of the same day, on the afternoon of which his brother proceeded, in a coach and six horses, in mourning, and attended with several of his retinue, to Tower-hill, where the awful ceremony was duly performed. This unfortunate occurrence, it thus appeared, was not, by the Portuguese agent, in prudence permitted to be any bar to the signature of a treaty, which Lord Chancellor Hyde himself considered, in very many respects, the most advantageous to this nation that was ever entered into with any prince or people.'* But, as the King of Portugal hesitated to confirm this treaty, Cromwell sent word to his renowned Admiral, Blake, to that effect: accompanied with his instructions to take, arrest, and seize upon the fleet or fleets belonging to the King of Portugal, or any of his subjects, now expected from the East or West Indies, and to keep and deteyne the same, without breaking of bulk, or embezilment, toward satisfaction for wrongs and damages,' &c.; unless Mr. Meadows, his envoy at the court of Portugal, should, before any such ac

*Speech to both Houses, May 8, 1661.

tual seizure or act of hostility, give assurance that satisfaction had been obtained relative to the treaty; in which case his instructions should be void. These orders being signified to the Portuguese monarch, upon Blake's intimation, by the English agent, the treaty was ratified with all imaginable expedition. And additional satisfaction was made, by a very large sum of money, which was immediately shipped and sent to England.

CHAPTER XI.

FROM THE MEETING OF THE FIRST PARLIAMENT

OF THE PROTECTORATE, TO THE EVENTS IMMEDIATELY PRECEDING THE SUMMONS OF THE SECOND.

Meeting of Parliament-Novel Distribution of the WritsThe Protector's Opening Speech-Observations on his Recent Government-The National Greatness-His Economical Administration-Universally Tolerant PrinciplesImpartial Execution of the Laws-Patronage of Learned Men-Political Liberality Private Virtue-Lord Broghill's Attempt to procure an Union between Charles II. and one of Cromwell's Daughters-Its ill-success-Extraordinary Proceedings of the Parliament-The Protector's Reproof, and Interruption of their Functions-They Sign a Recognition of his Authority-Dissolution of the ParliamentSpeech on that Occasion-The Cavalier Plot-Regulation of the Chancery Court-Capture of Jamaica-Cromwell's Speech to the Swedish Ambassador, and Unusual Honours conferred upon Him-He Endeavours to Win Over the Royalists-To procure Freedom of Trade for the Jews, &c. &c.—THE CHANGE in the Protector's Mode of Government, and its Causes-Hatred of nearly all Parties-Plots and Conspiracies-Projects to Assassinate Him-His Harshness toward the Cavaliers and Episcopal Clergy- Interferes with the Administration of Justice-Packs Juries-Nullifies the Privilege of Habeas Corpus-Appoints Political Majorgenerals Solution of Cromwell's Latter Severity.

THUS Was Cromwell proceeding in a truly glorious career; having, along with his magna

nimous prosecution of foreign affairs, effected the incorporation of Scotland with England, * and distinguished his domestic administration by a dignified severity of air, attempered with much mildness in the actual exercise of his authority, when the Parliament assembled on the day so justly pleasing to his recollections, the 3rd of September. In calling this Parliament, it deserves particular remark, he had not observed the old course in sending writs out to all the little boroughs throughout England, which used to send burgesses, (by which method some single counties send more members to the Parliament than six other counties do). He took a more equal way, by appointing more knights for every shire to be chosen, and fewer burgesses whereby the number of the whole was much lessened and yet, the people being left to their own election, it was not, by him, thought an ill temperament; and was then generally looked upon as an alteration fit to be more warrantably made, and in a better time.' +

* The Union of this period was in pursuance of an Ordinance by the Protector and Council, to which the consent of the Scots had been previously obtained, through their deputies from the shires and boroughs, convened at Dalkeith, and again at Edinburgh.

+ Lord Clarendon.