The Kingship of Charles Stuart was, of course, an utterly forbidden idea in the deliberations. The idea of a revival of any form of the Protectorship, whether by the recall of Richard, or by the election of Fleetwood or Lambert, was equally forbidden, although there had been whispers of the kind about Wallingford House, and Richard was understood to be hovering near, in case he should be wanted. "Such a form of Government as may best suit and comport with a Free State and Commonwealth, without a Single Person, Kingship, or House of Peers," was what had been solemnly promised in the first public declaration of the present powers; and to that all stood pledged. This, of course, involved a Parliament. But what Parliament or what sort of Parliament? The late Rump reinstated at once with full authority, Ludlow was bound to say, and did say; but, as that was out of the question with all the rest, he could suppose himself outvoted on that, and go on. Richard's late Parliament had been the murmur of some outside, perhaps not the least sensible in the main; but the suggestion passed, as meaningless without Richard himself. The Long Parliament as it was before it became the Rump, i.e. with all the survivors of the illegally secluded members of 1642-1649 restored to their seats, was a third proposal, of more tremendous significance, that had been heard outside, and indeed had become a wide popular cry. Inasmuch as this meant the bringing back of the Parliament precisely as it had been before the King's trial and the institution of the Commonwealth, with all those Presbyterians and Royalists in it that it had been necessary to eject in mass in order to make the King's trial and a Commonwealth possible, little wonder that the present junto shuddered at the bare suggestion. A new Parliament, called by ourselves, was the conclusion in which they took rest. But here their debates only began. Should it be a Parliament of one House or of two Houses? If of two Houses, should the Second House be a select Senate of fifty or seventy, coordinate with the larger House, as the Army-chiefs had advised the Rumpers, or should it be a much larger body? What should be the size of the larger House, and what the powers and relations of the two? Then, whether of one or of two Houses, how should the Parliament be elected? To prevent the mere inrush of a Parliament of the old and ordinary sort, whose first act would probably be to subvert the Commonwealth, what qualifications should be established for suffrage and eligibility? Might it not even be advisable not to permit the people at first full choice of their representatives, with whatever prescribed qualifications, but to allow them only choice among nominees sent down to them by a higher power? Should Harrington's principle of Rotation be adopted, and, if so, to what extent? Farther, whatever was to be the structure of the Parliament, were any fundamentals to be laid down beforehand, as eternal principles of the Commonwealth, which even the Parliament should be bound not to touch? Must not the perpetuity of Republican Government itself, or non-return to Kingship or single Chief Magistracy of any kind, be one of these fundamentals, and Liberty of Conscience another? Nay, should a Church Establishment and Tithes be left open questions, or should there be some absolute pre-determination on that great subject? Finally, when the Sub-Committee and the Committee of Safety, and the Army officers round about, should have agreed upon all these questions, so far as to be able to draw out a Constitution or Form of Government sufficiently satisfactory to themselves, ought not that Constitution to be submitted to some wider representative authority for revision and ratification before being imposed on the People? If so, what should that intervening and ratifying authority be?1
1: This is not a paragraph of suppositions, but the result of a study of the actual chaos of opinion at the moment, by the help of hints from Whitlocke, Ludlow, the letters of M. de Bordeaux, and information in contemporary Thomason pamphlets. Strangely enough, some of the most luminous hints come from the letters of M. de Bordeaux. He was observing all coolly and clearly with foreign eyes, and reporting twice a week to Mazarin.
One can see that there were two parties among the debaters. Vane, in his strange position at last after his many vicissitudes, had come trailing clouds of his peculiar notions with him, and was regarded as the advocate of wild and impracticable novelties. Not merely absolute Liberty of Conscience and abolition of Tithes, in which Ludlow and others went with him, but certain Millenarian or Fifth Monarchy speculations, pointing to a glorious future over the trampled ruins of the Church-Establishment and of much besides, were ideas which he wanted to ingraft in some shape into the new Constitution. Here he represented a number of enthusiasts among the subalterns of the Army and among ex-Army men; and, indeed, it had been with some difficulty that Major-General Harrison, the head of the Millenarians, had been kept out of the Committee of Safety at its first formation, and so prevented from resuming public functions after his five years of disablement. Not having Harrison by his side, Vane could do little more than ventilate his Millenarianism, Communism, or whatever it was, though, as Whitlocke says, he "was hard to be satisfied and did much stick to his own apprehensions." The leader of the more moderate party, as against Vane, was Whitlocke himself. He represented the Lawyers, the Established Clergy, all the more sober and conservative spirits. Parliamentary use and wont, with no great new-fangled inventions, but only prudent modifications and precautions; preservation of the Established Church, the Universities, and the existing legal system; Liberty of Conscience certainly, but so guarded as not to give reins to Quakerism and other Sectarian excesses: these were the recommendations of Whitlocke. The Laird of Warriston, it appears, who was not on the Sub-Committee, took up a position of his own in the General Committee, which was neither Vane's nor Whitlocke's, but represented what Ludlow calls "the Scottish interest." One of its principles was that Liberty of Conscience should be very limited indeed. And so, through November, while Monk was consolidating his forces in Scotland, the discussion of the new Constitution had been straggling on in the Sub-Committee and Committee at Whitehall, and in less authorized assemblies in the same neighbourhood. Among these, besides a clerical conclave of Independent ministers, such as Owen and Nye, meeting at the Savoy and advising Whitlocke on the Church-question, one must specially remember Harrington's Rota Club at the Turk's Head in New Palace Yard. That institution was now in its full nightly glory, discussing all the questions that were discussed in Whitehall and many more. It had won by this time the crowning distinction of being a subject of daily jokes and witticisms. In a London squib of Nov. 12, 1659, laughing at Harrington and his Rota-men, the public were informed that among the last "decrees and orders of the Committee of Safety of the Commonwealth of Oceana" had been these three:—1. "That the politic casuists of the Coffee Club in Bow Street [had the Rota adjourned thither, or was this some other debating Club?] appoint some of their number to instruct the Committee of Safety at Whitehall how they shall find an invention to escape Tyburn, if ever the law be restored; 2. That Harrington's Aphorisms and other political slips be recommended to the English Plantation in Jamaica, to try how they will agree with that apocryphal purchase; 3. That a Levite and an Elder be sent to survey the Government of the Moon, and that Warriston Johnstone and Parson Peters be the men, as a couple of learned Rabbis in Lunatics." Heedless of such mockery, the Harringtonians did not cease to put forth their own pamphlets with all seriousness. Valerius and Publicola, or the True Form of a Popular Commonwealth extracted e puris naturalibus is the title of a dialogue of Harrington's, of Nov. 17, expounding his principles afresh.1
1: Whitlocke, IV. 376 and 379-380; Ludlow, 751-752; Letters of M. de Bordeaux, in Appendix to Guizot, II. 275, 293, 304; Thomason Tract of date, entitled Decrees and Orders, &c.; and Thomason Catalogue.
Two conclusions at least had been arrived at in the Sub-Committee and Committee, and approved by the Wallingford-House Council of officers, before the middle of November, when they were actually embodied in the Treaty with Monk's Commissioners in London. One was as to the mode of determining Parliamentary qualifications. That duty was to be entrusted to a body of nineteen persons, ten of them named (Whitlocke, Vane, Ludlow, St. John, Warriston, &c.), and the other nine to be chosen by the Armies of England, Ireland, and Scotland, three by each. A still more important conclusion was as to the body, intermediate between the present powers and the People, to which the whole Constitution should be submitted for revision and ratification before being imposed upon the People. It was to be a great Representative Council of the Army and Navy, to be composed of delegates in the proportion of two commissioned officers from each regiment in England, Scotland, or Ireland, chosen by the commissioned officers of the regiments severally, together with ten naval officers to be chosen by the officers of the Fleet collectively. To Ludlow, approving only coldly of all that departed from his fixed idea of sheer restitution of the Rump, this arrangement seemed, nevertheless, a very fair one. It was settled, in fact, that the great Representative Council should meet at Whitehall on the 6th of December, by which time the complete draft of the Constitution would be ready.1
1: Whitlocke, IV. 374; Phillips. 671-672.
The Army and Navy Council did meet on that day, and it is from their proceedings that we learn best the nature of the Constitution submitted to them. The meeting, indeed, was not the great one that had been expected. The delegates from Ireland had not arrived; none had come from Monk's army, though due intimation had been given to him and he was reckoned bound by the Treaty; and, of course, in the circumstances, delegates could not be spared from Lambert's. There was, however, a sufficient gathering, and Ludlow attended, by request, as one representative from Ireland. In a debate of five or six days all the questions that had been discussed in the Committee of Safety and its Sub-Committee were discussed over again, Ludlow and Colonel Rich fighting for the restitution of the Rump even yet as the one thing needful, others starting wild proposals even yet for a restoration of the Protectorate, but Fleetwood, Desborough, and the majority urging substantially the proposals that had come from the Committee of Safety, or rather a reduction of those, by the omission of such portions of them as were Vane's, to the moderate and conservative core which might be regarded as Whitlocke's. As Whitlocke himself was permitted to be present and advise in the Council, he was able to contribute much to this result by his lawyerly gravity and frequent mentions of the Great Seal. Altogether the Constitution as it passed the Council may be considered as his. And what was it? Nothing very alarming. A new Parliament, of a Single House, to be elected by the people very much as by use and wont, but in conformity with a well-considered scheme of "qualifications" for keeping out the dangerous; a separation, however, of the Executive from the Legislative, by the appointment, as heretofore, of a Supreme Council of State; maintenance of the Established Church, and that by Tithes till some other as ample provision should be devised; Toleration of Dissent and of free expression of religious belief, but still on this side of Quakerism and other anomalies, heresies, and extravagancies: such, after all, was the homely outcome. If Vane and the theorists of the Harringtonian Club were disappointed, Ludlow was even in worse despair; and at the last moment he proposed an extraordinary addition. If the late Rump was not to be restored, and if they were to adopt a Constitution which threatened, as he feared, to let in Charles, or to put all back under the power of the sword, let them at least try to avert such consequences by defining a few fundamentals which should be inviolable, and let them appoint, under the name of Conservators of Liberty, twenty-one men to be guardians of these fundamentals. He was humoured in this; and, three fundamentals having been agreed on—to wit, (1) Commonwealth in perpetuity, without King, Single Person, or House of Peers, (2) Liberty of Conscience, (3) Unalterability of the Army arrangements except by the Conservators—the Assembly proceeded to ballot on a list of persons named by Ludlow as suitable for the office of Conservators. All went as Ludlow wished for the first seven or eight on the list,—dexterously arranged by him so because, being all men of the Wallingford-House party except Vane and Salway, these two could hardly in decency be blackballed. But then the order of voting was broken; and, though Ludlow himself was elected, not another man of the Parliamentarian party was let in. Actually, the Laird of Warriston, who had declared publicly against Liberty of Conscience, and Tichbourne, who had proposed to restore Richard to the Protectorship, were preferred to such men as Hasilrig and Neville, and made guardians of fundamentals in which they did not believe. Ludlow then threw up the entire business in disgust, and resolved that it was high time for him to be back in Ireland. Nevertheless, his afterthought of the Fundamentals and their Conservators was incorporated into Whitlocke's Constitution as it went back to the Committee of Safety, with the ratification of the Council of Army and Navy officers, This was on the 14th of December. The next day the nature of the new Constitution was known to all who were interested, and there was a proclamation for a Parliament to meet in February.1
1: Whitlocke, IV. 377-380; Ludlow, 753-769; Letters of M. de Bordeaux in Guizot, II. 306 and 315.
Monk was now at Coldstream, on the Tweed, about nine miles from Berwick. On the 13th of December he had taken leave, at Berwick, of a deputation of Scottish nobles and gentlemen, headed by the Earls of Glencairn, Tullibardine, Rothes, Roxburgh, and Wemyss, who had come from Edinburgh with certain propositions and requests. As he was going into England, leaving Scotland garrisoned but by a poor residue of his soldiers, would he not permit the shires to raise small native forces for police purposes, or would he not at least restore to the Scottish nobility and gentry the privilege of wearing arms themselves and having their servants armed? Farther, might he not, a little while hence, sanction a general arming, so that Scotland might have the pleasure of putting 6000 foot and 1500 horse at his disposal? The minor requests were, within certain limits, granted easily; but against the last Monk was still very wary. To have granted it would have been to proclaim that he was taking the Scottish nation with him in his enterprise, and so give indubitable foundation to those rumours that "the King was at the bottom of it" which were flying about already, and which it was his first care to contradict. There must be no general arming of the Scots: he would march into England with his own little army only! Still, however, he did not move from Coldstream, but stuck there, exchanging messages with Lambert respecting the renewal of the Treaty. It was now dead winter, and the snow lay thick over the whole region between the two Generals. Monk's personal accommodations at Coldstream were much worse than Lambert's at Newcastle. He was quartered in a wretched cottage, with two barns, where, on the first night of his arrival, he could find nothing for supper, and had to munch more than his usual allowance of raw tobacco instead. But he had the means of paying his men and keeping them in good humour, while bad pay and the cold weather were demoralising Lambert's.1
1: Skinner's Life of Monk, 161-168; Phillips, 674-675.