Part 294

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.

"Though the German war ['the Thirty Years' War,' concluded in 1648 by the Treaty of Westphalia] was over, the struggle between France and Spain was continued with great animosity, each country striving to crush her rival and become the first power in Europe. Both Louis XIV. and Philip IV. of Spain were bidding for the protector's support. Spain offered the possession of Calais, when taken from France; France the possession of Dunkirk when taken from Spain (1655). Cromwell determined to ally himself with France against Spain. … It was in the West Indies that the obstructive policy of Spain came most into collision with the interests of England. Her kings based their claims to the possession of two continents on the bull of Pope Alexander VI., who in 1493 had granted them all lands they should discover from pole to pole, at the distance of 100 leagues west from the Azores and Cape Verd Islands. On the strength of this bull they held that the discovery of an island gave them the right to the group, the discovery of a headland the right to a continent. Though this monstrous claim had quite broken down as far as the North American continent was concerned, the Spaniards, still recognizing 'no peace beyond the line,' endeavoured to shut all Europeans but themselves out of any share in the trade or colonization of at least the southern half of the New World. … While war was now proclaimed with Spain, a treaty of peace was signed between France and England, Louis XIV. agreeing to banish Charles Stuart and his brothers from French territory (October 24, 1655). This treaty was afterwards changed into a league, offensive and defensive (March 23, 1657), Cromwell undertaking to assist Louis with 6,000 men in besieging Gravelines, Mardyke, and Dunkirk, on condition of receiving the two latter towns when reduced by the allied armies. By the occupation of these towns Cromwell intended to control the trade of the Channel, to hold the Dutch in check, who were then but unwilling friends, and to lessen the danger of invasion from any union of Royalists and Spaniards. The war opened in the year 1657 [Jamaica, however, had already been taken from the Spaniards and St. Domingo attacked], with another triumph by sea." This was Blake's last exploit. He attacked and destroyed the Spanish bullion fleet, from Mexico, in the harbor of Santa Cruz, island of Teneriffe, and silenced the forts which guarded it. The great sea-captain died on his voyage home, after striking this blow. The next spring "the siege of Dunkirk was commenced (May, 1658). The Spaniards tried to relieve the town, but were completely defeated in an engagement called the Battle of the Dunes from the sand hills among which it was fought; the defeat was mainly owing to the courage and discipline of Oliver's troops, who won for themselves the name of 'the Immortal Six Thousand.' … Ten days after the battle Dunkirk surrendered, and the French had no choice but to give over to the English ambassador the keys of a town they thought 'unsi bon morceau' ['a good …'] (June 25)."

_B. M. Cordery and J. S. Phillpotts, King and Commonwealth, chapter 15._

ALSO IN: _T. Carlyle, Oliver Cromwell's Letters and Speeches, book 9, speech 5 and book 10, letters 152-157._

_J. Campbell, Naval History of Great Britain, chapter 15 (volume 2)._

_J. Waylen, The House of Cromwell and the Story of Dunkirk, pages 173-272._

_W. H. Dixon, Robert Blake, chapters 9-10._

_D. Hannay, Admiral Blake, chapter 9-11._

See, also, FRANCE: A. D. 1655-1658.

ENGLAND: A. D. 1658-1660. The fall of the Protectorate and Restoration of the Stuarts. King Charles II.