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Rh to demonstrate that military government had given place to civil; for he approached his task in the same spirit that had prompted his declaration to the Little Parliament of his wish “to divest the sword of all power in the Civil administration.”

In the interval between his nomination as Protector and the summoning of his first parliament in September 1654, Cromwell was empowered together with his council to legislate by ordinances; and eighty-two were issued in all, dealing

with numerous and various reforms and including the reorganization of the treasury, the settlement of Ireland and Scotland and the union of the three kingdoms, the relief of poor prisoners, and the maintenance of the highways. These ordinances in many instances showed the hand of the true statesman. Cromwell was essentially a conservative reformer; in his attempts to purge the court of chancery of its most flagrant abuses, and to settle the ecclesiastical affairs of the nation, he showed himself anxious to retain as much of the existing system as could be left untouched without doing positive evil. He was out-voted by his council on the question of commutation of tithes, and his enlightened zeal for reforming the “wicked and abominable” sentences of the criminal law met with complete failure. Most of these ordinances were subsequently confirmed by parliament, and, “on the whole, this body of dictatorial legislation, abnormal in form as it is, in substance was a real, wise and moderate set of reforms.” His ordinances for the “Reformation of Manners,” the product of the puritan spirit, had but a transitory effect. The Long Parliament had ordered a strict observance of Sunday, punished swearing severely, and made adultery a capital crime; Cromwell issued further ordinances against duelling, swearing, race-meetings and cock-fights—the last as tending to the disturbance of the public peace and the encouragement of “dissolute practices to the dishonour of God.” Cromwell himself was no ascetic and saw no harm in honest sport. He was exceedingly fond of horses and hunting, leaping ditches prudently avoided by the foreign ambassadors. Baxter describes him as full of animal spirits, “naturally of such a vivacity, hilarity and alacrity as another man is when he hath drunken a cup of wine too much,” and notes his “familiar rustic carriage with his soldiers in sporting.” He was fond of music and of art, and kept statues in Hampton Court Gardens which scandalized good puritans. He preferred that Englishmen should be free rather than sober by compulsion. Writing to the Scottish clergy, and rejecting their claim to suppress dissent in order to extirpate error, he said, “Your pretended fear lest error should step in is like the man who would keep all wine out of the country lest men should be drunk. It will be found an unjust and unwise jealousy to deprive a man of his natural liberty upon a supposition he may abuse it. When he doth abuse it, judge.” It is probable that very little of this moral legislation was enforced in practice, though special efforts were made under the government of the major-generals. Cromwell expected more results from the effects of education and culture. A part of the revenue of confiscated church lands was allotted to the maintenance of schools, and the question of national education was seriously taken in hand by the Commonwealth. Cromwell was especially interested in the universities. In 1649 he had been elected D.C.L. at Oxford, and in 1651 chancellor of the University, an office which he held till 1657, when he was succeeded by his son Richard. He founded a new readership in Divinity, and presented Greek MSS. to the Bodleian. He appointed visitors for the universities and great public schools, and defended the universities from the attacks of the extreme sectaries who clamoured for their abolition, even Clarendon allowing that Oxford “yielded a harvest of extraordinary good and sound knowledge in all parts of learning.” In 1657 he founded a new university at Durham, which was suppressed at the Restoration. He patronized learning. Milton and Marvell were his secretaries. He allowed the royalists Hobbes and Cowley to return to England, and lived in friendship with the poet Waller.

Cromwell’s religious policy included the maintenance of a national church, a policy acceptable to the army but much disliked by the Scots, who wanted the church to control the state, not the state the church. He improved the incomes of poor livings by revenues derived from episcopal estates and the fines of delinquents. An important feature of his church government was the appointment on the 20th of March 1654 of the “Triers,” thirty-eight clerical and lay commissioners, who decided upon the qualifications of candidates for livings, and without whose recommendation none could be appointed; while an ordinance of August 1654 provided for the removal of the unfit, the latter class including besides immoral persons those holding “popish” or blasphemous opinions, those publicly using the English Prayer Book, and the disaffected to the government. Religious toleration was granted, but with the important exception that some harsh measures were enacted against Anglicans and Roman Catholics, to neither of whom was liberty of worship accorded. The acts imposing fines for recusancy, repealed in 1650, were later executed with great severity. In 1655 a proclamation was issued for administering the laws against the priests and Jesuits, and some executions were carried out. Complete toleration in fact was only extended to Protestant nonconformists, who composed the Cromwellian established church, and who now meted out to their antagonists the same treatment which they themselves were later to receive under the Clarendon Code of Charles II.

Cromwell himself, however, remained throughout a staunch and constant upholder of religious toleration. “I had rather that Mahommedanism were permitted amongst us,” he avowed, “than that one of God’s children should be persecuted.” Far in advance of his contemporaries on this question, whenever his personal action is disclosed it is invariably on the side of forbearance and of moderation. It is probable, from the absence of evidence to the contrary, that much of this severe legislation was never executed, and it was without doubt Cromwell’s restraining hand which moderated the narrow persecuting spirit of the executive. In practice Anglican private worship appears to have been little interfered with; and although the recusant fines were rigorously exacted, the same seems to have been the case with the private celebration of the mass. Bordeaux, the French envoy in England, wrote that, in spite of the severe laws, the Romanists received better treatment under the Protectorate than under any other government. Cromwell’s strong personal inclination towards toleration is clearly seen in his treatment of the Jews and Quakers. He was unable, owing to the opposition of the divines and of the merchants, to secure the full recognition of the right to reside in England of the former who had for some time lived in small numbers and traded unnoticed and untroubled in the country; but he obtained an opinion from two judges that there was no law which forbade their return, and he gave them a private assurance of his protection, with leave to celebrate their private worship and to possess a cemetery.

Cromwell’s policy in this instance was not overturned at the Restoration, and the great Jewish immigration into England with all its important consequences may be held to date practically from these first concessions made by Cromwell. His personal intervention also alleviated the condition of the Quakers, much persecuted at this time. In an interview in 1654 the sincerity and enthusiasm of George Fox had greatly moved Cromwell and had convinced him of their freedom from dangerous political schemes. He ordered Fox’s liberation, and in November 1657 issued a general order directing that Quakers should be treated with leniency, and be discharged from confinement. Doctrines directly attacking Christianity Cromwell regarded, indeed, as outside toleration and to be punished by the civil power, but at the same time he mitigated the severity of the penalty ordained by the law. In general the toleration enjoyed under Cromwell was probably far larger than at any period since religion became the contending ground of political parties, and certainly greater than under his immediate successors.