1653 THE BAREBONE'S PARLIAMENT 567 gave, in derision, the title of the Barebone's Parliament, because a certain Praise-God Barebone sat in it. In a speech at its opening, on July 4, Cromwell told them that England ought to be governed by godly men, and that they had been selected to govern it because they were godly. Unfortunately, many of these godly men were crotchety and unpractical. A large number of them wanted to abolish the Court of Chancery without providing a substitute, Oliver Cromwell: from the painting by Samuel Cooper and a majority resolved to abolish tithes without providing any other means for the support of the clergy. At the same time, enthusiasts outside Parliament - the Fifth Monarchy men, as they were called - declared that the time had arrived for the reign of the saints, and that they were themselves the saints. All who had anything to lose were terrified, and turned to Cromwell for support, as it was known that no man in England had stronger common sense, or was less likely to be carried away by such dreamers. In the Parliament itself there was a strong minority which thought it desirable that, if tithes were abolished, support should be provided for the clergy in some other way. These men, on December 11, got up early in the morning, and, before their opponents knew what they were about, declared Parliament to be dissolved, and placed supreme authority in the hands of Cromwell. 12. The Protectorate, and the Instrument of Government. 1653. On December 16 a constitutional document, known as The Instrument of Government, was drawn up by Cromwell's military supporters, and accepted by himself. Cromwell was to be styled Lord Protector, a title equivalent to that of Regent, of which the last instance had been that of the Protector Somerset (see p. 412). The Protector was to enter, to some extent, upon the duties which had formerly devolved on the king. There was to be a Parliament consisting of a single House, which was to meet once in three years, from which all who had taken the king's part were excluded, as they also were from voting at elections. The constituencies were to be almost identical with the reformed ones established by Vane's Reform Bill (see p. 566). The Protector was to appoint the executive officials, and to have a fixed revenue sufficient to pay the army and navy and the ordinary expenses of Government; but if he wanted more for extraordinary purposes he could only obtain it by means of a Parliamentary grant. New laws were to be made by Parliament alone, the Protector having no veto upon them, though he was to have an opportunity of criticising them, if he wished to urge Parliament to change its purpose. The main lines of the constitution were, however, laid down in the Instrument itself, and Parliament had no power given it to make laws contrary to the Instrument. In the executive government the Protector was restrained, not by Parliament, but by a Council of State, the members of which he could not dismiss as the king had dismissed his Privy Councillors. The first members were nominated in the Instrument, and were appointed for life; but when vacancies occurred, Parliament was to give in six names, of which the Council was to select two, leaving to the Protector only the final choice of one out of two. Without the consent of this entirely independent Council, the Protector could take no step of importance. 13. Character of the Instrument of Government. -The Instrument of Government allowed less Parliamentary control than had been given to the Long Parliament after the passing of the Tri 1653-1654 A CONSTITUTIONAL PROTECTORATE 569 ennial Act and the Tonnage and Poundage Act (see pp. 530, 531): as, though Parliament could now pass laws without any check corresponding to the necessity of submitting them to the royal assent, it could not pass laws on the constitutional points which the Instrument of Government professed to have settled for ever. Neither except when there was an extraordinary demand for money-could it stop the supplies, so as to bring the executive under its power. It was, rather, the intention of the framers of the Instrument to prevent that Parliamentary absolutism which had proved so hurtful in the later years of the Long Parliament. On the other hand, they gave to the Council of State a real control over the Protector; and it is this which shows that they were intent on averting absolutism in the Protector, as well as absolutism in Parliament, though the means taken by them to effect their end was different from anything adopted by the nation in later years. 14. Oliver's Government. 1653 1654.—Before meeting Parliament, Oliver had some months in which he could show the quality of the new Government. On April 5, 1654, he brought the war with the Dutch to a close, and subsequently concluded treaties with other European powers. On July 10 he had Dom Pantaleon Sa, the brother of the Portuguese ambassador, beheaded for a murder. He had more than enough domestic difficulties to contend with. The Fifth-Monarchy men, and other religious enthusiasts, attacked him for treachery to republicanism, whilst Charles II. incited his followers to rise in insurrection against the usurper. Some republicans were imprisoned, and the royalists Gerard and Vowel, who tried to assassinate Oliver, were executed. In the meanwhile, the Protector and Council moved forward in the path of conservative reform. The Instrument allowed them to issue ordinances, which would be valid till Parliament could examine them; and, amongst others which he sent forth, was one to reform the Court of Chancery, and another to establish a Commission of Triers, to reject all ministers presented to livings, if it considered them to be unfit, and another Commission of Ejectors, to turn out those who, being in possession, were deemed unworthy. Oliver would have nothing to say to the Voluntary system. Tithes were to be retained, and religious worship was to be established; but there was to be no inquiry whether the ministers were Presbyterians, Independents, or anything else, provided they were Puritans. There was to be complete toleration of other Puritan congregations not belonging to the established churches; whilst the Episcopalians, though not legally tolerated, were as yet frequently allowed to meet privately without notice being taken of them. Other ordinances decreed a complete Union with Scotland and Ireland, both countries being ordered to return members to the Parliament at Westminster. As far as the real Irish were concerned, the Union was entirely illusory, as all Roman Catholics were excluded from the franchise. 1654-1655.—On Sep 15. The First Protectorate Parliament. tember 3, 1654, the First Protectorate Parliament met. Its first act was to question the authority of private persons to frame a constitution for the State, on which Oliver required the members of Parliament to sign a paper acknowledging the government as established in a single person and in Parliament, and turned out of the House those who refused to sign it. The House, thus diminished, drew up a new constitution, altering the balance in favour of Parliament, and expressly declaring that the constitution was liable to revision whenever the Protector and Parliament agreed to change it. It is probable that Oliver would have consented to this change, but a dispute arose upon the control of the army. Oliver wished that it should permanently remain under the Protector, and that Parliament should be unable to withdraw the sums of money fixed for its maintenance. Parliament, on the other hand, insisted on voting the money only for five years, thus claiming to determine, at the end of that time, whether the army should be disbanded or not. The only real solution of the difficulty lay in a frank acknowledgment that the nation must be allowed to have its way for evil or for good. Oliver, however, suspected-doubtless with truth-that, if the nation were freely consulted, it would sweep away not only the Protectorate, but Puritanism itself. Practically, therefore, the question at issue was whether the Government should be controlled by Parliament or by the army. On January 22, finding that the House was not likely to give way, he dissolved Parliament. 16. The Major-Generals. 1655.-The Instrument of Government authorised the Protector to levy sufficient taxes without consent of Parliament to enable him to meet the expenditure in quiet times, and after the dissolution Oliver availed himself of this authorisation. Many people, however, refused to pay, on the ground that the Instrument, unless recognised by Parliament, was not binding; and, as some of the judges agreed with them, Oliver could only enforce payment by turning out those judges who opposed him, and putting others in their places. Moreover, the 1654-1655 A MILITARY PROTECTORATE 571 Government was embarrassed by attempts to overthrow it. There were preparations for resistance by the republicans in the armysuppressed, indeed, by the arrest and imprisonment of the leaders --and there was an actual Royalist outburst, with wide ramifications, which showed itself openly in the South of England, where a Royalist gentleman named Penruddock rode into Salisbury at the head of 200 men, and seized the judges who had come down for the assizes. In the face of such danger, Oliver abandoned all pretence of constitutional government. He divided England into eleven military districts, over each of which he set a Major-General, with arbitrary powers for maintaining order, and, by a mere stroke of the pen, ordered a payment of 10 per cent. on the incomes of Royalists. Military rule developed itself more strongly than before. On November 27 Oliver, in his fear of the Royalists, ordered the suppression of the private worship of those who clung to the Book of Common Prayer; perceiving rightly that the most dangerous opponents of his system were to be found amongst sincere Episcopalians. He also made use of the Major-Generals to suppress vice and immorality by shutting up alehouses and imprisoning persons whose lives were disorderly. 17. Oliver's Foreign Policy. 1654-1655.--Partly, perhaps, because he hoped to divert attention from his difficulties at home, partly because he wished his country to be great in war as well as in peace, Oliver had for some time been engaging in naval enterprise. In the early part of his career he had been friendly to Spain, because France intrigued with the Presbyterians and the king. France and Spain were still at war, and when Cromwell became Protector he offered his alliance to Spain, on condition that Spain would help him to reconquer Calais, and would place Dunkirk in his hands as a pledge for the surrender of Calais after it had been taken. He also asked that commerce between England and her own West Indian colonies should be free from Spanish attacks, and for more open liberty of religion for the English in the Spanish dominions than had been offered by Spain in its treaty with Charles I. The Spanish ambassador replied that to ask these two things was to ask his master's two eyes, and plainly refused to admit an English garrison into Dunkirk. Upon this, Cromwell sent out, in the end of 1654, two fleets, one-under Blake-to go to the Mediterranean, to get reparation from the pirates of Tunis and Algiers for wrongs done to English commerce; and the other-under Penn and Venables-to seize a Spanish island in the West Indies. Blake |