possessed to his own use, of any estate, real or personal, to
the value of £200, and not within the aforesaid exceptions,
shall be capable to elect members to serve in Parliament for
counties.
XIX. That the Chancellor, Keeper, or Commissioners of the
Great Seal, shall be sworn before they enter into their
offices, truly and faithfully to issue forth, and send abroad,
writs of summons to Parliament, at the times and in the manner
before expressed: and in case of neglect or failure to issue
and send abroad writs accordingly, he or they shall for every
such offence be guilty of high treason, and suffer the pains
and penalties thereof.
XX. That in case writs be not issued out, as is before
expressed, but that there be a neglect therein, fifteen days
after the time wherein the same ought to be issued out by the
Chancellor, Keeper, or Commissioners of the Great Seal; that
then the Parliament shall, as often as such failure shall
happen, assemble and be held at Westminster, in the usual
place, at the times prefixed, in manner and by the means
hereafter expressed; that is to say, that the sheriffs of the
several and respective counties, sheriffdoms, cities,
boroughs, and places aforesaid, within England, Wales,
Scotland, and Ireland, the Chancellor, Masters, and Scholars
of the Universities of Oxford and Cambridge, and the Mayor and
Bailiffs of the borough of Berwick-upon-Tweed, and other
places aforesaid respectively, shall at the several courts and
places to be appointed as aforesaid, within thirty days after
the said fifteen days, cause such members to be chosen for
their said several and respective counties, sheriffdoms,
universities, cities, boroughs, and places aforesaid, by such
persons, and in such manner, as if several and respective
writs of summons to Parliament under the Great Seal had issued
and been awarded according to the tenor aforesaid: that if the
sheriff, or other persons authorized, shall neglect his or
their duty herein, that all and every such sheriff and person
authorized as aforesaid, so neglecting his or their duty,
shall, for every such offence, be guilty of high treason, and
shall suffer the pains and penalties thereof.
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XXI. That the clerk, called the clerk of the Commonwealth in
Chancery for the time being, and all others, who shall
afterwards execute that office, to whom the returns shall be
made, shall for the next Parliament, and the two succeeding
Triennial Parliaments, the next day after such return, certify
the names of the several persons so returned, and of the
places for which he and they were chosen respectively, unto
the Council; who shall peruse the said returns, and examine
whether the persons so elected and returned be such as is
agreeable to the qualifications, and not disabled to be
elected: and that every person and persons being so duly
elected, and being approved of by the major part of the
Council to be persons not disabled, but qualified as
aforesaid, shall be esteemed a member of Parliament, and be
admitted to sit in Parliament, and not otherwise.
XXII. That the persons so chosen and assembled in manner
aforesaid, or any sixty of them, shall be, and be deemed the
Parliament of England, Scotland, and Ireland; and the supreme
legislative power to be and reside in the Lord Protector and
such Parliament, in manner herein expressed.
XXIII. That the Lord Protector, with the advice of the major
part of the Council, shall at any other time than is before
expressed, when the necessities of the State shall require it,
summon Parliaments in manner before expressed, which shall not
be adjourned, prorogued, or dissolved without their own
consent, during the first three months of their sitting. And
in case of future war with any foreign State, a Parliament
shall be forthwith summoned for their advice concerning the
same.
XXIV. That all Bills agreed unto by the Parliament, shall be
presented to the Lord Protector for his consent; and in case
he shall not give his consent thereto within twenty days after
they shall be presented to him, or give satisfaction to the
Parliament within the time limited, that then, upon
declaration of the Parliament that the Lord Protector hath not
consented nor given satisfaction, such Bills shall pass into
and become laws, although he shall not give his consent
thereunto; provided such Bills contain nothing in them
contrary to the matters contained in these presents.
XXV. That [Henry Lawrence, esq.; Philip lord vise. Lisle; the
majors general Lambert, Desborough, and Skippon; lieutenant
general Fleetwood; the colonels Edward Montagu, Philip Jones,
and Wm. Sydenham; sir Gilbert Pickering, sir Ch. Wolseley, and
sir Anth. Ashley Cooper, Barts., Francis Rouse, esq., Speaker
of the late Convention, Walter Strickland, and Rd. Major,
esqrs.]--or any seven of them, shall be a Council for the
purposes expressed in this writing; and upon the death or
other removal of any of them, the Parliament shall nominate
six persons of ability, integrity, and fearing God, for
everyone that is dead or removed; out of which the major part
of the Council shall elect two, and present them to the Lord
Protector, of which he shall elect one; and in case the
Parliament shall not nominate within twenty days after notice
given unto them thereof, the major part of the Council shall
nominate three as aforesaid to the Lord Protector, who out of
them shall supply the vacancy; and until this choice be made,
the remaining part of the Council shall execute as fully in
all things, as if their number were full. And in case of
corruption, or other miscarriage in any of the Council in
their trust, the Parliament shall appoint seven of their
number, and the Council six, who, together with the Lord
Chancellor, Lord Keeper, or Commissioners of the Great Seal
for the time being, shall have power to hear and determine
such corruption and miscarriage, and to award and inflict
punishment, as the nature of the offence shall deserve, which
punishment shall not be pardoned or remitted by the Lord
Protector; and, in the interval of Parliaments, the major part
of the Council, with the consent of the Lord Protector, may,
for corruption or other miscarriage as aforesaid, suspend any
of their number from the exercise of their trust, if they
shall find it just, until the matter shall be heard and
examined as aforesaid.
XXVI. That the Lord Protector and the major part of the
Council aforesaid may, at any time before the meeting of the
next Parliament, add to the Council such persons as they shall
think fit, provided the number of the Council be not made
thereby to exceed twenty-one, and the quorum to be
proportioned accordingly by the Lord Protector and the major
part of the Council.
XXVII. That a constant yearly revenue shall be raised,
settled, and established for maintaining of 10,000 horse and
dragoons, and 20,000 foot, in England, Scotland and Ireland,
for the defence and security thereof, and also for a
convenient number of ships for guarding of the seas; besides
£200,000 per annum for defraying the other necessary charges
of administration of justice, and other expenses of the
Government, which revenue shall be raised by the customs, and
such other ways and means as shall be agreed upon by the Lord
Protector and the Council, and shall not be taken away or
diminished, nor the way agreed upon for raising the same
altered, but by the consent of the Lord Protector and the
Parliament.
XXVIII. That the said yearly revenue shall be paid into the
public treasury, and shall be issued out for the uses
aforesaid.
XXIX. That in case there shall not be cause hereafter to keep
up so great a defence both at land or sea, but that there be
an abatement made thereof, the money which will be saved
thereby shall remain in bank for the public service, and not
be employed to any other use but by consent of Parliament, or,
in the intervals of Parliament, by the Lord Protector and
major part of the Council.
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XXX. That the raising of money for defraying the charge of the
present extraordinary forces, both at sea and land, in respect
of the present wars, shall be by consent of Parliament, and
not otherwise: save only that the Lord Protector, with the
consent of the major part of the Council, for preventing the
disorders and dangers which might otherwise fall out both by
sea and land, shall have power, until the meeting of the first
Parliament, to raise money for the purposes aforesaid; and
also to make laws and ordinances for the peace and welfare of
these nations where it shall be necessary, which shall be
binding and in force, until order shall be taken in Parliament
concerning the same.
XXXI. That the lands, tenements, rents, royalties,
jurisdictions and hereditaments which remain yet unsold or
undisposed of, by Act or Ordinance of Parliament, belonging to
the Commonwealth (except the forests and chases, and the
honours and manors belonging to the same; the lands of the
rebels in Ireland, lying in the four counties of Dublin, Cork,
Kildare, and Carlow; the lands forfeited by the people of
Scotland in the late wars, and also the lands of Papists and
delinquents in England who have not yet compounded), shall be
vested in the Lord Protector, to hold, to him and his
successors, Lords Protectors of these nations, and shall not
be alienated but by consent in Parliament. And all debts,
fines, issues, amercements, penalties and profits, certain and
casual, due to the Keepers of the liberties of England by
authority of Parliament, shall be due to the Lord Protector,
and be payable into his public receipt, and shall be recovered
and prosecuted in his name.
XXXII. That the office of Lord Protector over these nations
shall be elective and not hereditary; and upon the death of
the Lord Protector, another fit person shall be forthwith
elected to succeed him in the Government; which election shall
be by the Council, who, immediately upon the death of the Lord
Protector, shall assemble in the Chamber where they usually
sit in Council; and, having given notice to an their members
of the cause of their assembling, shall, being thirteen at
least present, proceed to the election; and, before they
depart the said Chamber, shall elect a fit person to succeed
in the Government, and forthwith cause proclamation thereof to
be made in an the three nations as shall be requisite; and the
person that they, or the major part of them, shall elect as
aforesaid, shall be, and shall be taken to be, Lord Protector
over these nations of England, Scotland and Ireland, and the
dominions thereto belonging. Provided that none of the
children of the late King, nor any of his line or family, be
elected to be Lord Protector or other Chief Magistrate over
these nations, or any the dominions thereto belonging. And
until the aforesaid election be past, the Council shall take
care of the Government, and administer in an things as fully
as the Lord Protector, or the Lord Protector and Council are
enabled to do.
XXXIII. That Oliver Cromwell, Captain-General of the forces of
England, Scotland and Ireland, shall be, and is hereby
declared to be, Lord Protector of the Commonwealth of England,
Scotland and Ireland, and the dominions thereto belonging, for
his life.
XXXIV. That the Chancellor, Keeper or Commissioners of the
Great Seal, the Treasurer, Admiral, Chief Governors of Ireland
and Scotland, and the Chief Justices of both the Benches,
shall be chosen by the approbation of Parliament; and, in the
intervals of Parliament, by the approbation of the major part
of the Council, to be afterwards approved by the Parliament.
XXXV. That the Christian religion, as contained in the
Scriptures, be held forth and recommended as the public
profession of these nations; and that, as soon as may be, a
provision, less subject to scruple and contention, and more
certain than the present, be made for the encouragement and
maintenance of able and painful teachers, for the instructing
the people, and for discovery and confutation of error,
hereby, and whatever is contrary to sound doctrine; and until
such provision be made, the present maintenance shall not be
taken away or impeached.
XXXVI. That to the public profession held forth none shall be
compened by penalties or otherwise; but that endeavours be
used to win them by sound doctrine and the example of a good
conversation.
XXXVII. That such as profess faith in God by Jesus Christ
(though differing in judgment from the doctrine, worship or
discipline publicly held forth) shall not be restrained from,
but shall be protected in, the profession of the faith and
exercise of their religion; so as they abuse not this liberty
to the civil injury of others and to the actual disturbance of
the public peace on their parts: provided this liberty be not
extended to Popery or Prelacy, nor to such as, under the
profession of Christ, hold forth and practice licentiousness.
XXXVIII. That all laws, statutes and ordinances, and clauses
in any law, statute or ordinance to the contrary of the
aforesaid liberty, shall be esteemed as null and void.
XXXIX. That the Acts and Ordinances of Parliament made for the
sale or other disposition of the lands, rents and
hereditaments of the late King, Queen, and Prince, of
Archbishops and Bishops, &c., Deans and Chapters, the lands of
delinquents and forest-lands, or any of them, or of any other
lands, tenements, rents and hereditaments belonging to the
Commonwealth, shall nowise be impeached or made invalid, but
shall remain good and firm; and that the securities given by
Act and Ordinance of Parliament for any sum or sums of money,
by any of the said lands, the excise, or any other public
revenue; and also the securities given by the public faith of
the nation, and the engagement of the public faith for
satisfaction of debts and damages, shall remain firm and good,
and not be made void and invalid upon any pretence whatsoever.
XL. That the Articles given to or made with the enemy, and
afterwards confirmed by Parliament, shall be performed and
made good to the persons concerned therein; and that such
appeals as were depending in the last Parliament for relief
concerning bills of sale of delinquent's estates, may be heard
and determined the next Parliament, anything in this writing
or otherwise to the contrary notwithstanding.
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XLI. That every successive Lord Protector over these nations
shall take and subscribe a solemn oath, in the presence of the
Council, and such others as they shall call to them, that he
will seek the peace, quiet and welfare of these nations, cause
law and justice to be equally administered; and that he will
not violate or infringe the matters and things contained in
this writing, and in all other things will, to his power and
to the best of his understanding, govern these nations
according to the laws, statutes and customs thereof.
XLII. That each person of the Council shall, before they enter
upon their trust, take and subscribe an oath, that they will
be true and faithful in their trust, according to the best of
their knowledge; and that in the election of every successive
Lord Protector they shall proceed therein impartially, and do
nothing therein for any promise, fear, favour or reward.
ENGLAND: A. D. 1654.
Re-conquest of Acadia (Nova Scotia).
See NOVA SCOTIA: A. D. 1621-1668.
ENGLAND: A. D. 1654 (April).
Incorporation of Scotland with the Commonwealth.
See SCOTLAND: A. D. 1654.
ENGLAND: A. D. 1654-1658.
The Protector, his Parliaments and his Major-Generals.
The Humble Petition and Advice.
Differing views of the Cromwellian autocracy.
"Oliver addressed his first Protectorate Parliament on Sunday,
the 3d of September. ... Immediately, under the leadership of
old Parliamentarians, Haslerig, Scott, Bradshaw, and many
other republicans, the House proceeded to debate the
Instrument of Government, the constitutional basis of the
existing system. By five votes, it decided to discuss 'whether
the House should approve of government by a Single Person and
a Parliament.' This was of course to set up the principle of
making the Executive dependent on the House; a principle, in
Oliver's mind, fatal to settlement and order. He acted at
once. Calling on the Lord Mayor to secure the city, and
disposing his own guard round Westminster Hall, he summoned
the House again on the 9th day. ... Members were called on to
sign a declaration, 'not to alter the government as settled in
a Single Person and a Parliament.' Some, 300 signed; the
minority--about a fourth--refused and retired. ... The
Parliament, in spite of the declaration, set itself from the
first to discuss the constitution, to punish heretics,
suppress blasphemy, revise the Ordinances of the Council; and
they deliberately withheld all supplies for the services and
the government. At last they passed an Act for revising the
constitution de novo. Not a single bill had been sent up to
the Protector for his assent. Oliver, as usual, acted at once.
On the expiration of their five lunar months, 22d January
1655, he summoned the House and dissolved it, with a speech
full of reproaches."
_F. Harrison,
Oliver Cromwell,
chapter 11._
"In 1656, the Protector called a second Parliament. By
excluding from it about a hundred members whom he judged to be
hostile to his government, he found himself on amicable terms
with the new assembly. It presented to him a Humble Petition
and Advice, asking that certain changes of the Constitution
might be agreed to by mutual consent, and that he should
assume the title of King. This title he rejected, and the
Humble Petition and Advice was passed in an amended form on
May 25, 1657, and at once received the assent of the
Protector. On June 26, it was modified in some details by the
Additional Petition and Advice. Taking the two together, the
result was to enlarge the power of Parliament and to diminish
that of the Council. The Protector, in turn, received the
right of appointing his successor, and to name the
life-members of 'the other House,' which was now to take the
place of the House of Lords. ... In accordance with the
Additional Petition and Advice, the Protector summoned
'certain persons to sit in the other House.' A quarrel between
the two Houses broke out, and the Protector [February 4, 1658]
dissolved the Parliament in anger."
_S. R. Gardiner,
Constitutional Documents of the Puritan Revolution,
pages lxiii-lxiv., and 334-350._
"To govern according to law may sometimes be an usurper's
wish, but can seldom be in his power. The protector [in 1655]
abandoned all thought of it. Dividing the kingdom into
districts, he placed at the head of each a major-general as a
sort of military magistrate, responsible for the subjection of
his prefecture. These were eleven in number, men bitterly
hostile to the royalist party, and insolent towards all civil
authority. They were employed to secure the payment of a tax
of 10 per cent., imposed by Cromwell's arbitrary will on those
who had ever sided with the king during the late wars, where
their estates exceeded £100 per annum. The major-generals, in
their correspondence printed among Thurloe's papers, display a
rapacity and oppression beyond their master's. ... All
illusion was now gone as to the pretended benefits of the
civil war. It had ended in a despotism, compared to which all
the illegal practices of former kings, all that had cost
Charles his life and crown, appeared as dust in the balance.
For what was ship-money, a general burthen, by the side of the
present decimation of a single class, whose offence had long
been expiated by a composition and effaced by an act of
indemnity? or were the excessive punishments of the
star-chamber so odious as the capital executions inflicted
without trial by peers, whenever it suited the usurper to
erect his high court of justice? ... I cannot ... 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
II.; 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."
_H. Hallam,
Constitutional History of England,
chapter 10, part 2._
"Cromwell was, and felt himself to be, a dictator called in by
the winning cause in a revolution to restore confidence and
secure peace. He was, as he said frequently, 'the Constable
set to keep order in the Parish.' Nor was he in any sense a
military despot. ... Never did a ruler invested with absolute
power and overwhelming military force more obstinately strive
to surround his authority with legal limits and Parliamentary
control."
_F. Harrison,
Oliver Cromwell,
chapter 11._
"To this condition, then, England was now reduced. After the
gallantest fight for liberty that had ever been fought by any
nation in the world, she found herself trampled under foot by
a military despot. All the vices of old kingly rule were
nothing to what was now imposed upon her."
_J. Forster,
Statesmen of the Commonwealth:
Cromwell._
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"His [Cromwell's] wish seems to have been to govern
constitutionally, and to substitute the empire of the laws for
that of the sword. But he soon found that, hated as he was,
both by Royalists and Presbyterians, he could be safe only by
being absolute. ... Those soldiers who would not suffer him to
assume the kingly title, stood by him when he ventured on acts
of power as high as any English king has ever attempted. The
government, therefore, though in form a republic, was in truth
a despotism, moderated only by the wisdom, the sobriety and
the magnanimity of the despot."
_Lord Macaulay,
History of England,
chapter 1._
England: A. D. 1655-1658.
War with Spain, alliance with France.
Acquisition of Dunkirk.