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Gardiner Samuel Rawson
Oliver Cromwell

CHAPTER V.
THE NOMINATED PARLIAMENT AND THE PROTECTORATE

As at the trial of the King, so in the ejection of Parliament, Cromwell had been thrown back on the employment of military force. Legality was clearly against him on both occasions. Yet it must not be forgotten that he was the last to concur in the employment of force; and that there was much to be said for his assertion that the sitting members were no Parliament. Reduced by the flight of Royalists to the King in 1642 and by Pride's Purge in 1648, they had, after an existence of twelve years and a half, little remaining to them of that representative character which is the very being of a Parliament. At all events, this time, at least, Cromwell was secure of popular favour. Not a single voice was raised in defence of the expelled members. In the evening some wag scrawled on the door of the Parliament House: "This House to be let unfurnished". The Parliament disappeared amidst general derision. For all that, the work before Cromwell was one of enormous – perhaps even of hopeless – difficulty. Without Parliament or King, the nation was thrown upon its own resources to reconstruct its institutions as best it might. It was inevitable that in such stress of storm it should hark back to the old paths, and should see no prospect of settled government, save in the restoration of the throne, or at least in the election of another Parliament. Yet this was the very thing that Cromwell and all who were associated with him most dreaded. It was but too probable that such a solution would sweep away not only Puritanism, but all hope of political reform. Everything for which the army had fought and for which the nation had suffered was at stake, and it was not in human nature – certainly not in Cromwell's nature – to make such a sacrifice without a struggle. That such a struggle could only be prolonged with the support of the army was self-evident. Cromwell, however, was the last of men to desire to establish a purely military government, and the army, to do it justice, was commanded by men who were, for the most part, desirous to support their general in the experiment of establishing a civil government which would have dispensed with the interference of military power. The tragedy – the glorious tragedy – of Cromwell's subsequent career lay in the impossibility of permanently checking the instincts of military politicians to intervene in favour of those guarantees regarded by them as indispensable for the maintenance of the cause which they had so long upheld with all their might.

Distrust of the constituencies was the prominent feature of Cromwell's next move. The compromise offered by him of the temporary establishment of a non-elective body to prepare a basis of settlement whilst Parliamentary institutions remained in abeyance, was now adopted by the officers. Lambert, – who advocated a scheme for establishing a Council of State, apparently with provision for the increased independence of the executive, together with the election of a Parliament with restricted functions, – was unable to enforce his views. A small Council of State was established to carry on current affairs, but it was in the Council of Officers that the main question of the constitution was to be determined. Cromwell, after some hesitation, rallied to a very different scheme which had been suggested by Harrison, the brilliant soldier who dreaded to see the government in the hands of any but the Saints. Cromwell, however, whilst accepting Harrison's views on the whole, determined to modify them, in order to make the new assembly something more than a group of pious fanatics. He was consequently now anxious that it should include notable personages – even Fairfax was suggested – who had contended against the King, but who had no connection with the extreme sections of the community which found favour in Harrison's eyes. It was eventually resolved that the Council of Officers should invite nominations from the Congregational Churches in each county, reserving to itself the power of rejecting persons so named, and also of adding names which found no place on the list. On June 8 the persons finally selected received writs issued in the name of Cromwell as Lord General. An attempt had been made to secure the inclusion not only of Fairfax but of Vane, but neither of them would accept a place in the new assembly.

On July 4 the nominees of the army took their seats at Westminster. Cromwell, at all events, threw himself entirely into the spirit of the occasion. In a long speech he manifested his delight at seeing the government at last entrusted to the hands of the godly. No such authority, he proclaimed triumphantly, had ever before been entrusted to men on the ground that they owned God and were owned by Him. For once the emotional side of his nature had gained the upper hand over his practical common-sense. In long detail he told of the misconduct of the late Parliament, and repelled the idea that he had had any intention of substituting his own authority for that of the discarded House. It had been incumbent on him and his colleagues 'not to grasp at the power ourselves, or to keep it in military hands, no, not for a day, but, as far as God enabled us with strength and ability, to put it into the hands of proper persons that might be called from the several parts of the nation'. "This necessity," he proceeded to aver; "and I hope we may say for ourselves, this integrity of concluding to divest the sword of all power in the civil administrations, hath been that that hath moved us to put you to this trouble." Then, enlarging on the providential character of the mission of the members of the new assembly, he urged them with many Scriptural quotations to take up their authority as men whom God had placed as rulers of the land. What, then, was to be said of that ideal of elected Parliaments, which had sunk so deeply into the minds of that generation? "If it were a time," he suggested, "to compare your standing with those that have been called by the suffrages of the people – which who can tell how soon God may fit the people for such a thing? None can desire it more than I! Would all were the Lord's people; as it was said, 'Would all the Lord's people were prophets': I would all were fit to be called." In time, indeed, this might be possible when the good and religious conduct of this assembly had won the people to the love of godliness. "Is not this the likeliest way to bring them to their liberties?" Finally, after much enforcement of the encouragements held forth by the Prophets and the Psalmists, he resigned all the power provisionally exercised by himself into the hands of his hearers, announcing to them that their power also was to be provisional. They were to hold it only till November 3, 1654, and then to give place to a second assembly to be elected by themselves – an assembly which was to sit for no more than a year, in which time it was to make provision for the future government of the country.

Contrary, as it would seem, to the intention of those by whom it had been called, the new assembly audaciously assumed the name of Parliament. Its real position being that of a mere body of nominees, Lilburne was once more brought into the field. In 1649 Lilburne had been tried and acquitted, but had subsequently been banished by the Long Parliament, which had added to its sentence a declaration that he would be guilty of felony if he, at any time, returned to England. He now reappeared in London, where he was sent to prison, again tried, and again acquitted. The line taken by him and his followers was that the so-called Parliament now in existence was no Parliament at all, as it was not elected by the people. With Cromwell's full consent, Lilburne was retained in confinement, being ultimately removed to Jersey, where no writ of habeas corpus could deliver him.

For a time Lilburne's attack consolidated the alliance between the Lord General and the nominees to whom political power had been entrusted. Yet it was not long before Cromwell's practical sense took alarm at their proceedings. It was indeed not the case, as has often been said, that the majority of the members were mere enthusiasts, but the enthusiasts settled down to Parliamentary work, seldom absenting themselves from the House, and being always ready to vote when a division was called; whilst those who distrusted them could not always be brought to a due sense of the importance of their Parliamentary duties, and were apt to be led away by interest or pleasure from supporting their opinions by their votes. Two questions were soon found to divide the parties, that of law reform, more especially the reform of Chancery, and that of a religious organisation other than compulsory uniformity under Bishops or Presbyters. On both these questions Cromwell was intensely interested, and there can be little doubt that if the nominated Parliament had conducted itself with due regard for practical exigencies, it would have retained his good-will to the end. Unfortunately this was not the case. It proposed a total abolition of the Court of Chancery, thus handing over to the hostile judges of the Common Law that system of equity which had been growing up with beneficial results for generations, whilst it also took in hand with a light heart the codification of the law, though not a single practising lawyer had a seat in the House, in the hope that 'the great volumes of law would come to be reduced into the bigness of a pocket book'. No wonder that Cromwell dropped into a friend's ear the words: "I am more troubled now with the fool than with the knave". No wonder either that in September he drew aside from Harrison, under whose influence he had decided in favour of summoning the nominees, and that he listened with greater respect to Lambert, the military representative of constitutionalism and the determined opponent of political fanaticism.

Cromwell's position was rendered difficult by his association with this ill-starred assembly. On September 14 a broadside was scattered in the streets charging him with treason to 'his Lords the people of England,' not because he had broken up the miserable remnant of the Long Parliament, but because he had stood in the way of the election of a new House, and it is highly probable that a large number of people who had nothing to do with the distribution of broadsides shared in this opinion. Still greater was the danger of an appeal to the army, with which the writers concluded. It was known that many of the soldiers, and even of the officers, were restive under the suspension of popular elections, and it was found necessary to secure submission by cashiering Lieutenant-Colonel Joyce, who had formerly, as a cornet, carried off the King from Holmby House, and who now threw himself on the side of those who cried out for constitutional rights.

On the subject of Church organisation, Parliament was as subversive as on the subject of law reform, many of its members held with the Fifth Monarchy preachers, that the government of the State ought to be exclusively in the hands of the Saints, and, not unnaturally, concluded that they were themselves the Saints; thus taking a broad issue in defiance of the theory that the government ought to be administered or controlled by the elected representatives of the nation. The immediate dispute, however, turned on the unwillingness of the advanced party to continue any sort of endowment of the clergy. Cromwell, it is true, on more than one occasion had expressed himself strongly against the existing tithe system and would have been perfectly ready to concur in any plan for the removal of its abuses, or for substituting for it – as had been suggested in The Agreement of the People presented by the army – a more equitable mode of raising the money needed by the clergy. Further than that he was not likely to go, and matters were brought to a crisis by a resolution passed on November 17 for the abolition of patronage, and still more by the decision of the House on December 10 – though only by a majority of two – to reject a scheme of Church-government founded in the main on the lines drawn by Owen, in which the payment of tithes was taken as a financial basis.

Some time before the last vote was taken, the principal officers, under Lambert's leadership, had had under consideration a plan of a written constitution in which the executive power was to be strengthened and conferred upon Cromwell with the title of King, whilst the legislative power was to be conferred on an elected assembly, thus embodying the ideas which had been enunciated by Cromwell in his conference with the lawyers and politicians at the end of 1651. When this constitution was complete it was shown to Cromwell, who objected to the royal title, and who seems also to have been unwilling to have anything to do with another violent dissolution. On December 10, when the vote on Church organisation was taken, Lambert and his allies found their opportunity. It is probable that they promised Cromwell that the House should be dissolved by its own action, and that, on receiving this assurance, he preferred not to be informed of the course by which this desirable end was to be attained. The course indeed was simple enough. The conservative reformers, if they chose to attend in anything like their full strength, were in a majority, and on the 12th they got up early and flocked to the House, where, before their bewildered opponents could rally in force, they immediately voted that Parliament should resign its powers into the hands of the Lord General. Then, starting for Whitehall in procession with the Speaker at their head, they announced to Cromwell the decision they had taken. Their advanced colleagues kept their seats, but upon attempting to remonstrate were expelled by a body of soldiers. As in the absence of the Speaker they could not technically be considered to be a House, those who interfered were able to aver, without literary untruthfulness, that there had been no forcible dissolution of Parliament.

In a very short time Cromwell had agreed with the officers on the constitution to be adopted under the name of The Instrument of Government. The executive power was to reside in a Lord Protector and Council, the members of which were to be appointed for life, Cromwell being named as the first Protector. The legislative power was assigned without restriction to a Parliament elected by constituencies formed, so far as the counties were concerned, upon a new franchise, the franchise in the boroughs being left in its old anomalous condition. This latter concession to prejudice was, however, of less importance, as a sweeping redistribution of seats, copied with little alteration from the scheme put forward in The Agreement of the People, largely increased the number of the county members, and disfranchised in equally large numbers the smaller boroughs which had fallen under the influence of the country gentlemen. The Parliament thus constituted was to meet once in three years and to sit at least for five months. Any Bill passed by this body was to be suspended for twenty days to give an opportunity for the Protector to explain objections he might entertain to it. If Parliament refused to listen to his objections, the Bill became law in spite of him, provided that it contained nothing contrary to the Instrument itself. The negative voice about which so much had been heard in the last years of Charles I. was, therefore, not assigned to the Protector. For all that, the control over the executive is of greater importance to the development of representative institutions than legislative independence, and in this respect the hold of Parliament over the executive was of the flimsiest description, consisting merely of the right to propose six names whenever there was a vacancy in the Council, out of which the Council would select two, and the Protector again make his choice between the two. Even the financial arrangements, through which Parliaments usually make their way to power, were settled in such a way as to debar the elected House from obtaining even indirect control. It is true that the Instrument started with the sweeping generalisation that 'no tax, charge, or imposition' was to be 'laid upon the people but by common consent in Parliament,' but this statement was followed by a clause assigning to the Protector £200,000 for civil expenses, besides as much as was needed for keeping up the navy, as well as an army of 30,000 men, and this sum, to which no definite limits were placed, was to be raised out of the customs 'and such other ways and means as shall be agreed upon by the Protector and Council'. As to the army and navy thus secured, the Protector was to dispose and order them with the consent of Parliament during its short session, but during all the rest of the three years with the consent of the Council only. It would, however, be a mistake to say that the Instrument established absolute government in England. The Protector was bound to act under the control of the Council, and though scarcely any record of the political action of that body has been preserved, there is enough to show that whilst Cromwell's personal influence over it was necessarily great, it was by no means a mere tool in his hands. The constitutional control to which the Protector was subjected was therefore a real one, though that control was in the hands of a body meeting in secret and sufficiently self-centred to make no bid for popularity by the speeches made in the course of discussions amongst its members, as a more popular assembly would have done. Finally, religious liberty was secured for all congregations which did not admit 'Popery or Prelacy'; whilst the right of issuing ordinances with the force of law was granted to the Protector and Council till the first Parliament met.

It has frequently been urged that the Instrument was the earliest example of that system of fixed constitutions, of which the most notable instance is that of the United States, and must therefore rank with such constitutions rather than with the system of Parliamentary supremacy which was ultimately adopted in England. The comparison with the American constitution, however, can only stand with those who are resolved to fix their attention on similarities and to ignore differences. The Instrument, it is true, resembles the Constitution of the United States in refusing to submit the holders of executive authority to the constant control of the legislature, and in setting forth the relations between the bodies of the State in a written document. On more important points there is a world-wide distinction. In America, the whole federal constitution is redolent of popular control. Every four years the President is re-elected or replaced, and though Congress cannot dismiss a President except by a judicial impeachment, it has complete control over the finances, and can leave him without supply. Add to this the ingrained habit of the American people in giving vent to popular opinion, and in pressing it on the notice of the government which it has given to itself, and we shall find little cause to seek in the Constitution of the United States for a justification of the Instrument – a document drawn up by soldiers and endowing the chief of the State and his councillors with a lifelong tenure of office, with an abundant armed force, and with a power of taxation adequate to all ordinary requirements in time of peace. The question raised by the Instrument was not whether the national control was to be exercised indirectly through Parliament, or directly through a popular vote, but whether it should be exercised at all. The constitutional principles alike respected in England and America are diametrically opposed to those on which the government of the Protectorate was founded.

On December 16, 1653, Oliver was installed at Westminster as Lord Protector under the conditions of the Instrument. His Council consisted of seven officers and eight civilians, the most notable of the latter being Sir Anthony Ashley Cooper – better known by the title long afterwards conferred on him by Charles II. as the Earl of Shaftesbury – who had been an active member of the Councils formed after the break-up of the Long Parliament. Little as is known of his actions during this period of his life, his rallying to the Protectorate can only be explained as the result of the conviction that Oliver was in earnest in his intention of giving to the new government a preponderatingly civilian character, and of keeping it out of the hands of fanatics on one hand, and of soldiers on the other. In Thurloe, who had acted as Secretary to the Council since the spring of 1652, the Protector acquired an official whose ability was beyond dispute, who was appalled by no labours, and one who, with the aid of the network of spies whose poverty he utilised, was keen-sighted in penetrating the secrets of conspirators at home and abroad.

The Protectorate was at least placed beyond immediate danger by the adhesion of the army and the fleet. Scarcely less important was the concurrence of the judges, amongst them that honourable man and eminent lawyer Matthew Hale, who had won Oliver's approbation by his services in the cause of law-reform. Hale, indeed, informed the Protector that as he was personally desirous of seeing a Royalist restoration, he could only remain on the bench on the condition that he should be excused from taking part in the trials of political prisoners. Oliver at once gave the required promise. The compromise was creditable to both the parties concerned.

The Protector, by his assumption of the government, had roused up enemies enough to make him chary of dispensing with the support of so valuable a helper. To the Royalists, who hoped to strike at a single person more easily than at a Parliament, were added the Fifth Monarchy preachers, who held that Oliver was 'the vile person to whom they shall not give the honour of the kingdom,' but who should 'come in peaceably and obtain the kingdom by flatteries,' as foretold by the Prophet Daniel. They were the more dangerous as they were known to have supporters in the army, especially as Harrison, who shared their opinions, had been thought of by the advanced members of the nominated Parliament as a possible substitute for Oliver in the command. The first repressive action of the Protectorate was therefore to place two of the most turbulent of the preachers under lock and key, and to deprive Harrison of his commission. Such men were only really dangerous by their hold on a portion of the army, whilst the Commonwealth's men, such as Bradshaw and Vane, though not in the least likely to head an armed resistance, were strong in the conviction which they shared with a considerable number of their countrymen, that the only possibility of defence against the evils of military rule was to be found in a recurrence to legality. It is true that with them legality consisted in the restoration of a sovereign Parliament, whilst the Royalists saw it in the restoration of the King, but if ever time and circumstances should fuse the two ideas together, a body of opinion would be created which would try to the uttermost the fabric of a government raised on other principles.

Oliver's task was necessarily conditioned by the nature of the opposition he had to encounter. His new system, if it were to have a chance of becoming permanent, would have to commend itself to that large majority of men who follow no ideals, but are content to live under any rule, whatever may have been its origin, if only the rulers confer upon them a reasonable amount of protection, and are sufficiently in sympathy with the governed to be regarded with love rather than with fear. It was this quality that had mainly helped Elizabeth to make a doubtful legal position a step in her triumphant career, and it was to Elizabeth alone amongst recent English sovereigns that Oliver looked with respect and admiration. Nor was he deficient in many of the characteristics which had made Elizabeth great. He had the same patriotism, the same skill in the selection of agents, the same impatience of partisan bitterness in Church and State, the same readiness to trust in the healing virtues of time. The chief obstacles in the way of a repetition of Elizabeth's success lay, not merely in the stain of the king's blood upon his hands, but also in his leadership of an army of which the officers shaped their conduct in accordance with distinct religious and political ideas. He had risen to power by the sympathy of these men. Was it possible to secure the sympathy of the nation without alienating the army to the support of which he must look till he could place his authority on a wider basis?

In the first and easiest portion of the task before the Protector, the redress of grievances weighing upon the people, there was no hesitation. The Instrument had conferred upon Oliver and his Council the right of issuing ordinances with the force of law up to the meeting of Parliament; and in little more than eight months no fewer than eighty-two of these ordinances had been issued subject to amendment, if Parliament chose to interfere. The Council was, in fact, like the Cabinet of to-day, far more capable of initiating legislation than a Parliament consisting of several hundred members, and that so little criticism attended these ordinances may be taken as satisfactory evidence that there was good reason for that strengthening of the government which had been the main argument of the founders of the new constitution. The ordinance for the reform of Chancery was certainly exposed to the conservative objections of the lawyers and was, no doubt, susceptible of improvement, but it aimed at the removal of acknowledged abuses, especially at accelerating the movements of a Court whose long delays had caused that wide-spread irritation which had given support even to the exaggerated proposals of the nominated Parliament.

Still more important was the adoption of the new scheme of Church government. The minister presented to a living was required to have a certificate of fitness from three persons of known godliness and integrity, one of them being a settled minister; afterwards he was to hand this certificate to certain commissioners known as Triers and to obtain their testimony that he was 'a person for the grace of God in him, his holy and unblamable conversation, as also for his knowledge and utterance, able and fit to preach the gospel'. Having become an incumbent, he was liable to expulsion by a local body of Ejectors for immorality or for holding blasphemous or atheistical opinions. As long as he was maintained in his post, he might uphold any Puritan system he pleased and organise his congregation on the Presbyterian, Independent, or Baptist system, if he could persuade them to follow him. Those persons, whether lay or clerical, who objected to the system upheld in their parish church, were at liberty to form separate congregations – gathered Churches, as they were called – at their own discretion. Later on, towards the close of 1655, Oliver's tolerant spirit gave way to the return of the Jews, who had been exiled from England since the reign of Edward I. A few Unitarians were no doubt excluded from the benefits of his toleration. Moreover, the Society of Friends, now rising into importance under the leadership of George Fox, was also threatened with exclusion as presumably guilty of blasphemy, though the Protector himself not infrequently interfered on behalf of its members. Even if this had been otherwise, the Society put in no claim for participation in a legal support or even for acknowledgment by the State.

That the Church thus constituted was but a Puritan Church is the charge commonly brought against the system of the Protectorate. That it was so is certainly not to be denied, but, after all, it must be remembered that, so far as opposition to Puritanism was based on definite religious grounds, and not merely on moral slackness, it was confined to a comparatively small number of Englishmen. Before the days of Laud, the clergy of the Church had been for the most part, so far as their teaching was concerned, Puritan in their ideas, and lax in their ceremonial observances, and thus the ecclesiastical changes initiated by the Long Parliament had been received by the bulk of the laity rather as the removal of innovations than as the establishment of something entirely new. The honour in which episcopacy and the Prayer Book were now held was mainly confined to the Royalist gentry and to scholars expelled from the Universities, and was therefore understood to be closely connected with political aims. Even so, there was no attempt as yet on the part of the Government to suppress the use of the Prayer Book in private houses, and there is reason to suppose that if no political disturbances had followed, no such attempt would have been made at a later time. The system of the Protectorate was undoubtedly the most tolerant yet known in England – more tolerant, indeed, than public opinion would, if left to itself, have sanctioned.

Not only by its legal reforms did the Protectorate strive to commend itself to the nation. Oliver had never thrown his heart into the Dutch war, and a little before he dissolved the Long Parliament, a great English victory in a battle which began off Portland and ended under Cape Grisnez, had secured the mastery over the Channel to the English fleet. That fleet rallied to the new Government; even Blake, who was hostile at first, accepting the result of political changes, and finally throwing in his lot with the Protectorate, on the ground that it was the business of the navy to leave politics alone, and – though the expression is not traceable on sufficient evidence to Blake's lips – 'to keep foreigners from fooling us'. The wound that Blake received off Portland incapacitated him from taking a considerable part in the later battles of the war, the burden lying for the most part on Monk, who won victories off the Gabbard in June and off the Texel in July, not long after the nominated Parliament had entered on its unlucky career. In the latter conflict, Tromp, the great Dutch admiral whose ill success was due not to any failure of his powers or to any want of manliness in his crews, but to the inefficiency of the Government he served, was killed by a shot as he was entering into the battle. Even whilst the nominated Parliament was still in session, a negotiation with the Dutch had been opened, and this negotiation, which was countenanced by Oliver from the first and carried on earnestly by him as Protector, ended in a peace signed on April 5, 1654.