Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Cromwell's arbitrary government._--If this decimation of the
royalists could pass for an act of severity towards a proscribed
faction, in which the rest of the nation might fancy themselves not
interested, Cromwell did not fail to show that he designed to exert an
equally despotic command over every man's property. With the advice of
his council, he had imposed, or, as I conceive (for it is not clearly
explained), continued, a duty on merchandise beyond the time limited
by law. A Mr. George Cony having refused to pay this tax, it was
enforced from him, on which he sued the collector. Cromwell sent his
counsel, Maynard, Twisden, and Wyndham, to the Tower, who soon
petitioned for liberty, and abandoned their client. Rolle, the chief
justice, when the cause came on, dared not give judgment against the
protector; yet, not caring to decide in his favour, postponed the case
till the next term, and meanwhile retired from the bench. Glyn, who
succeeded him upon it, took care to have this business accommodated
with Cony, who, at some loss of public reputation, withdrew his suit.
Sir Peter Wentworth, having brought a similar action, was summoned
before the council, and asked if he would give it up. "If you command
me," he replied to Cromwell, "I must submit;" which the protector did,
and the action was withdrawn.[438]
Though it cannot be said that such an interference with the privileges
of advocates or the integrity of judges was without precedents in the
times of the Stuarts, yet it had never been done in so public or
shameless a manner. Several other instances wherein the usurper
diverted justice from its course, or violated the known securities of
Englishmen, will be found in most general histories; not to dwell on
that most flagrant of all, the erection of his high court of justice,
by which Gerard and Vowel in 1654, Slingsby and Hewit in 1658, were
brought to the scaffold.[439] I cannot therefore agree in the praises
which have been showered upon Cromwell for the just administration of
the laws under his dominion. That, between party and party, the
ordinary civil rights of men were fairly dealt with, is no
extraordinary praise; and it may be admitted that he filled the
benches of justice with able lawyers, though not so considerable as
those of the reign of Charles the Second; but it is manifest that, so
far as his own authority was concerned, no hereditary despot, proud in
the crimes of a hundred ancestors, could more have spurned at every
limitation than this soldier of a commonwealth.[440]
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