1657]

Oliver refuses the title of King

445

Accordingly on the same day the House accepted without division the succeeding paragraph empowering Cromwell to nominate his successor. This unwonted harmony between Parliament and officers remained apparently undisturbed through the succeeding debates as to the qualifications of members of Parliament, as to toleration, and as to the revenue. But on the final debate on March 25, 1657, as to the postponed clause relating to the title of King, the division. revealed that there were 62 against and 123 for it. "There were several bitter speeches made against it; but they [the malcontents] could not carry it."

66

The new draft Constitution thus framed was presented to Cromwell in the Banqueting House at Whitehall on March 31. Oliver, in reply, asked time to deliberate. On April 3 he refused the title, and therewith the whole proposed new Constitution, but not in express or "I have not been able to find it my duty to God peremptory terms. and you to undertake this charge under that title." On April 8 he repeated his refusal, but in an even more enigmatic and hesitating form — hinting that he desired first to be satisfied of many things in the Humble Petition and Advice. Seizing the possibility of compromise which this invitation held out, the House appointed a committee to confer with him. Of the succeeding conferences there are many, but mutilated and confused, accounts. These extraordinary debates between Oliver and the committee took place on April 11, 16, 20 and 21. From the mass of involution and logomachy it is possible to disentangle Oliver's clear, strong, rugged conviction that, though the legal arguments for the kingly title were strong, they did not establish the necessity of it but only its convenience; and that this was counterbalanced by the offence which the title would give to the army. The other objections taken by Cromwell to the Humble Petition and Advice were of minor import.

Oliver's rejection of the Petition and Advice in its first form disconcerted and amazed his supporters in the House. On May 8 several officers of the army petitioned the House not to press his Highness further; and at last, on May 19, the Parliament resolved by 77 to 45 to insert the title of Protector instead of that of King in the Petition and Advice. As so amended, it was presented to Cromwell on May 25, 1657, and received his assent. Once again the army officers had triumphed by deciding Oliver's indecision; once again their want of practical sense had frustrated a settlement of the nation; and the lawyers who had boasted that they would make penknives of the soldiers' swords hung their heads in sullen defeat.

On June 26 Oliver was solemnly invested at Westminster in his new function, and on the same day, after presenting to the Protector further clauses additional to and explanatory of the Humble Petition and Advice, the Parliament was adjourned till January 20, 1658.

446

The new Constitution.

Republican intrigue [1658

Summarised quite briefly, the Humble Petition and Advice laid down that Oliver should bear the title of Lord Protector of England, Scotland, and Ireland, and should during his lifetime declare his successor; that he should call Parliaments consisting of two Houses once in three years at least; the qualifications of elected and elector were laid down; the Second House was to consist of seventy persons named by the Protector; a yearly revenue of £1,300,000 was provided; a Privy Council of twenty was prescribed; and finally, terms of religious toleration were set out. At the same time it gave Cromwell a retrospective ratification of his government. Clause 12 ratified his Acts and Ordinances for the sale of Crown and Church lands; and Clause 16 ratified all other Acts and Ordinances not contrary to the Humble Petition and Advice itself.

Before the Parliament reassembled in January, 1658, Oliver had issued the writs summoning the members of the Second House. The list of these members contains nine peers and sixty-one commoners.

Accordingly, when Parliament again met on January 20, 1658, it consisted of two Houses, and Oliver opened it in the House of Lords in the ancient manner. But the face of the Lower House was now seriously changed. By Clause 3 of the Humble Petition and Advice the excluded members were now freely admitted, with the result that over 100 (Cromwell himself stated them at 120) of bitter enemies of the Government were now present. Oliver had also taken more than forty of his best managers from the Commons to help towards forming his new Second House, with the further result that the handling of his business in the Lower House suffered correspondingly. The disastrous consequence of this double change became quickly apparent. Led by the Republican newcomers under Scott and Heselrige and by the now recalcitrant officers, who objected to the very existence of a Second House, the Commons set themselves to question factiously the title and powers of that House. Oliver tried personal intervention, and summoned both Houses to his presence (January 25), exhorting them to unity and particularly to an honest acceptance of the Humble Petition and Advice as a working Constitution. His efforts were vain. The Republican party in the Commons had ramifications in the City and in the army; and an intrigue was set on foot to promote a petition in both those quarters. Under cover of specious demands for the right of Parliament to control taxation and for the irremovability of soldiers and officers except by a court-martial, the petition aimed at a Commonwealth. There was to be sent up at the same time, if rumour spoke truly, another petition supported by ten thousand persons demanding the restoration of Charles Stewart. As part of the Republican intrigue, it was intended, on the presentation of the first of these petitions, to pass a vote in the House to ask for a limitation of the Protector's power over the army, and, if need were, to supersede him by Fairfax.

Oliver had quickly perceived that the question of the status of the

1658] Parliament dissolved.-Royalist rising suppressed 447

Second House was merely a side-wind by which to raise the larger question of his own position, and so to tear up the constitutional settlement of the Humble Petition and Advice. But it was not till he received news of the intrigue between the Republicans in the House and his army that he saw its full significance. In a hurricane of wrath, and with a swiftness of decision characteristic of him in his greatest moments, he dissolved the Parliament (February 4, 1658).

The dissolution was promptly followed by the arrest of Hugh Courtney, John Rogers the preacher, Major-General Harrison and John Carew. The immediate danger from his own army Cromwell met with equal promptitude. Two days after the dissolution he summoned the officers to the Banqueting House, and there in a two hours' harangue so prevailed with them that all, with the exception of seventeen or eighteen, swore to stand by him and the cause. Lambert was dismissed with a pension; and six officers of the Protector's own regiment, after a few days spent in futile reasoning with them, were cashiered. They were all Anabaptists.

The threatened Royalist rising and invasion were dealt with not less swiftly. This Royalist danger had been impending since before the preceding December. Royalist congregations had met openly in the City; and a gathering of Cavaliers on Benstead Downs was only just anticipated in time. Daily arrests of Cavaliers took place. The sudden dismissal of the Parliament averted the more immediate danger, but by no means allayed the Protector's fears. On February 25 a proclamation was issued commanding all Papists and Royalists to depart from London, not to reside within twenty miles of it, and not to leave their homes. A fortnight later, on March 12, Oliver summoned the Mayor, Aldermen, and Councillors of the City to Whitehall, and there in the presence of many of the officers expounded to them in a two hours' speech the imminent danger theatening from the Royalists and advised them to settle their militia and to put their city in a posture of defence. The City instantly adopted the advice, and the militia enlisted cheerfully. Later, on Wednesday, March 20, all the general and field officers about head-quarters met at Whitehall and signed an address of loyalty to the Protector. A general search was then made in the City for Royalists, and many were taken prisoners, including Sir William Waller and Colonel Russell. On April 13 a High Court of Justice was constituted, and it met on May 12 for the trial of fourteen Royalists. Mordaunt, the brother of the Earl of Peterborough, escaped conviction; but Sir Henry Slingsby and Dr Hewet both suffered death, together with three others of lesser note, Colonels Ashton, Stacey, and Betteley. While these trials were proceeding, a belated attempt at a rising was made in London on May 15. The militia were called out, and forty conspirators were arrested. Some weeks later seven of these were brought before the High Court (July 1). Six of them were convicted and three executed.

448 Death of Oliver Cromwell. Richard Protector [1658

During the few remaining months of his life Oliver's Government stood at its greatest height of power. Abroad his arms had been successful and his influence decisive; at home all opposition and intrigue, Royalist and Republican alike, had been beaten down, and his hold over his army remained unshaken. There is even some evidence that he had gained over such Commonwealth men as Ludlow, Rich, and Sir Henry Vane. If he had lived to meet the Parliament which he intended to call late in the year the probability is great that he would have secured that recognition of his Government and that financial support from Parliament which in February, 1658, he had only missed through an unnatural combination of Royalist and Republican intrigue.

But it was not to be. On September 3 he died; leaving an unsanctioned military absolutism to be administered by a man who had no hold whatever over the army, no prestige, no administrative gift, no force of character. On the following day, September 4, 1658, Richard Cromwell was proclaimed Protector. At some time during Oliver's last illness he had verbally nominated Richard as his successor. On all hands, by army and country alike, the new Protector's accession was peacefully acknowledged; and a fortnight later the officers at Whitehall unanimously adopted a loyal address to him.

But this unanimity quickly disappeared. Intrigue against the civil power began afresh in the army; and early in October a petition was presented by the malcontents, praying that Fleetwood might be appointed General of all the forces with power to grant commissions, and that none should be cashiered but by court-martial. Fleetwood himself communicated the petition to Richard, who, however, firmly refused to part with the power of the sword. For the moment the agitation was quieted by Fleetwood and Desborough (October 8 and 18); and hereupon Fleetwood was appointed Lieutenant-General of all the forces. But in November the agitation among the officers recommenced. They had met several Fridays in succession at St James'; but until November 12 it is distinctly stated that they meddled not with the affairs, civil or military. On that day they began to break out and to hint at some alterations in the army. Accordingly, on November 19 Richard again met the officers with the object of remaining on good terms with his army. To all appearance he succeeded in again quieting them. courted them at a high rate," says Whitelock. A fortnight later Thurloe wrote to Captain Stoakes that those little notions that were in the army were all quieted and things in good order (November 25, 1658).

"He

When, however, the financial needs of the Government led to the calling of the expected Parliament, the old antagonism between the military and the civil power at once emerged again. On December 3 Richard, by advice of the Council, resolved to call a Parliament to meet on January 27, 1659. Taught by the experience of Oliver's last two

1659]

Parliament and army factions

449

Parliaments, in which the redistribution of seats (the disfranchisement of the lesser boroughs and an increase in the representation of the counties) had served only to produce a strong and independent country gentlemen's party, the Government now resolved to fall back on the old electoral model. The representation of the counties was cut down to two knights each, and the petty boroughs received back their franchise. For the Second House the full number of 70 was summoned; but only 44 at any time appeared, some declining the summons out of disdain, whilst others were in their commands at home or abroad. As before, Heselrige, though summoned to the Lords, sat in the Commons, being elected for Leicester town. The Upper House therefore remained in this Parliament as despised a nonentity as it had been in the last one. When the Commons were summoned to the Lords to hear Richard's speech at the opening, not more than twelve or fifteen members of the Lower House obeyed.

On February 1, 1659, a Bill was introduced for the recognition of Richard's title as Protector. This Bill, which rekindled the fires of faction and intrigue, was put forward by Thurloe ready-drawn, and represented the desires of the Court, civilian, and legal parties. In opposition to the measure were ranged the Republicans, led by Ludlow and Heselrige an opposition intent on remodelling the Humble Petition and Advice by additional clauses which should recover to the Parliament the power over the militia and the abolition of the Protector's veto. The votes of the House, taken on February 21, amounted to the acceptance of the principle of such remodelling. It is true that the courtiers were strong enough three days later to pass by 176 to 98 a vote empowering the Protector to issue orders to the fleet. But this vote was not intended in any quarter as a settlement of the constitutional question of the demand of the forces. It was to divert the attention of the House from this crucial question that the courtiers directed the debate to the problem of the Second House and its recognition, as a preliminary to the greater problem of the fundamentals. On March 28 it was resolved to recognise the Upper House during the current ParliaThe numbers on this division (198 to 125) probably represent the respective strengths of the two parties, Court and Republican.

ment.

The division in the House reproduced itself in the army, which was now split into factions, but in which there had at last emerged triumphant that cross current of motive personal ambition - which during Oliver's life had been kept sternly under. The factions in the army now consisted of the Commonwealth men, led by such personalities as Colonel Lilburn; the Wallingford House party (so called because led by Fleetwood, at whose residence, Wallingford House, the Council of Officers met from April, 1659, in conjunction with Desborough), which desired to make Richard its puppet and so rule through him; and a smaller remaining faction under the lead of Ingoldsby, which sided with the

C. M. H. IV.

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