1: I have taken the account of the Standard Set Up from Godwin, IV. 375-378, not having seen it myself. The passages in Cromwell's speeches referring to it will be found in Carlyle, III, 260, and 276-277.
After the Protector's refusal of the Kingship the House proceeded to adjust the new constitution they had prepared in the Petition and Advice to that unavoidable fact. Not much was necessary. It was only necessary to re-shape the key-stone, by removing the word "King" from the first clause of the First Article and retaining the word "Protector": all the rest would hold good. Accordingly, after some days of debate, it was finally agreed, May 22, that the former first clause of the First Article should be cancelled, and this substituted: "That your Highness will be pleased, by and under the name and style of Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions and Territories thereunto belonging, to hold and exercise the office of Chief Magistrate of these Nations, and to govern according to this Petition and Advice in all things therein contained, and in all other things according to the Laws of these Nations, and not otherwise." The remaining clause of the First Article, empowering Cromwell to appoint his immediate successor, was left untouched, as well as all the subsequent Articles. To the whole of the Petition and Advice, so arranged, Cromwell solemnly gave his assent in the Painted Chamber, May 25, addressing the House in a short speech, in which he expressed his thorough confidence in them in respect to those explanations or modifications of the document which they had promised in order to meet the objections he had taken the liberty of making. He did not doubt there would be "a perfecting of those things."1
1: Commons Journals of dates. The speech of Cromwell in assenting to the Petition and Advice, May 25, 1657, had been accidentally omitted in the earlier editions of Carlyle's Cromwell; but it was given in the Appendix to the edition of 1657. It may stand as Speech XIV*. in the numbering.
The "perfecting of those things" occupied a good deal of time. What was necessary was to cast the resolutions already come to in supplement to the Petition and Advice, or those that might yet suggest themselves, into a valid legal form; and it was agreed, June 4, that, except in as far as it might be well to pass express Bills on specific matters, the best way would be to frame and submit to his Highness a Humble Additional and Explanatory Petition and Advice. The due framing of this, and the preparation of the necessary Bills, were to be work for three weeks more.1
1: Commons Journals of date, and afterwards.
Meanwhile, in evidence that the Session of the Parliament up to this point, notwithstanding the great business of the Petition and Advice and the Kingship question, had by no means been barren in legislation, the House had gathered up all the Bills already passed, but not yet assented to, for presentation to his Highness in a body. On the 9th of June thirty-eight such Bills, "some of the public, and the others of a more private, concernment," were presented to his Highness by the whole House, assembled in the Painted Chamber, the Speaker, "after a short and pithy speech," offering them as some grapes preceding the full vintage, and his Highness ratifying all by his assent.—Among these was one very comprehensive Act with this preamble: "Whereas, since the 20th of April, 1653, in the great exigences and necessities of these nations, divers Acts and Ordinances have been made without the consent of the People assembled in Parliament—which is not according to the fundamental laws of the nations and the rights of the People, and is not for the future to be drawn into example—yet, the actings thereupon tending to the settlement of the estates of several persons and families and the peace and quiet of the nations: Be it enacted by his Highness the Lord Protector and this present Parliament," &c. What is enacted is that about a hundred Acts and Ordinances, all duly enumerated, out of those made by the Barebones Parliament in 1653 or by Oliver and his Council after the establishment of the Protectorate in Dec. 1656, together with all acts and ordinances of the same touching customs and excise, shall by this Act be confirmed and made good, either wholly and absolutely (which is the case with nearly all) or with specified modifications—"all other Acts and Ordinances, and every branch and clause therein contained, not confirmed by these presents, which have been made or passed between the 20th day of April 1653 and the 17th day of September 1656" to be absolutely null and void. In other words, the House had been revising long and carefully the Acts of the Barebones Parliament and the arbitrary Ordinances of Oliver and his Council from Dec. 1653 onwards, with a view to adopt all that might stand and to give them new constitutional sanction. Among the Acts of the Barebones Parliament so confirmed and continued was their famous Act for the forms and ceremonial of Marriage and for the Registration of Births and Burials (Vol. IV. p. 511), except only the clause therein declaring any other marriages than as these prescribed to be illegal. Of Cromwell's own Ordinances from Dec. 1653 onwards all were preserved that, I suppose, he really cared for. Thus, of his eighty-two first public Ordinances, passed between Dec. 1653 and the meeting of his First Parliament Sept. 3, 1654, thirty-six were expressly confirmed; which, as most of the rest were Excise or Customs Ordinances or Orders for temporary occasion, means that substantially all his legislation on his entering on the Protectorate was to remain in force. More particularly, I may note that Nos. 7, 16, 24, 30, 31, 32, 33, 50, 54, 58, 60, 66, 67, 69, 71, 81, and 82, in our List of his first eighty-two Public Ordinances (Vol. IV. pp. 558-565) were among those confirmed. These included his Ordinances against Cockfights and Duels, his Ordinance for Reform of the Court of Chancery, his various Ordinances for the incorporation and management of Scotland, and his various Church-Establishment Ordinances for England and Wales, with his two commissions of Triers and Ejectors. Among contemporary ordinances of his also confirmed, over and above those in the main list of Eighty-two, were that for setting up Lectures in Scotland, that in favour of Glasgow University, and that for the better support of the Universities of Scotland—this last, however, limited to the Universities alone by the omission of what related to "the encouragement of public preachers" (Vol. IV. p. 565: footnote). The most noticeable Ordinances of Cromwell's not confirmed are those relating to Treasons—No. 8 in the List of Eighty-two, and its appendages Nos. 12 and 49. Altogether, the Parliament had handsomely cleared Cromwell in respect of his Interim Dictatorship and what was past of his Protectorate, and he had every reason to be satisfied. But, besides this all-comprehensive Act of retrospection, several of the other Acts presented for his assent at the same time must have been very much to his mind.—There was an Act for settling lands in Scotland upon General Monk, with similar Acts for settling lands in Ireland on Fleetwood, Dr. Owen, Sir Hardress Waller, and other persons of desert; there were several Naturalization Bills in favour of a great number of foreigners and English aliens; there was "An Act for limiting and settling the prices of Wines"; and there was "An Act against Vagrants, and wandering, idle, dissolute Persons." Most welcome to Cromwell, and drawing from him a few words of special acknowledgment after his assent to all the Bills (Speech XV.), were "Two Bills for an Assessment towards the defraying of the charge of the Spanish war and other occasions of the Commonwealth." One was for £60,000 a month from England for the three months ending June 24; the other for an assessment of £20,000 from Ireland for the same three months. These were instalments of a lump sum of £400,000, which the House had voted as long ago as Jan. 30, 1656-7, for the carrying on of the Spanish war, and the remainder of which was to be raised in other ways. The House had already before it a general Bill for the continued assessment of England, Scotland, and Ireland, for Army and Navy purposes, beyond the period specified; but that Bill had not yet passed.1
1: Commons Journals of dates; Scobell's Acts and Ordinances of 1656, given in mass in his book, Part II. p. 371 et seq. See especially there, pp. 389-395.
Army and Navy purposes, and the carrying on of the Spanish War: these, through all the bustle of the Kingship question, had still been the deepest things in Cromwell's mind. His alliance with France, settled so far by the Treaty of Peace and Commerce dated Oct. 24, 1655, but much imperilled since by Mazarin's dexterity in evasion and his occasional oscillations towards Spain, had at length, by Lockhart's exertions, been converted into a great Treaty "offensive and defensive," signed at Paris, March 23rd, 1656-7, and ratified by Louis XIV. April 30, and by Cromwell himself May 4, 1657. By this treaty it was provided that there should be joint action against Spain, by sea and land, for the reduction and capture of Gravelines, Mardyke, and Dunkirk, the three coast-towns of Spanish Flanders adjoining the French territories on the north-east. Gravelines, if taken, was to belong to France ultimately, but, if taken first, was to be held by the English till Mardyke and Dunkirk were taken—which two towns were to belong permanently to England, only with stipulation of inviolability of Roman Catholic worship for the inhabitants, and of no further English encroachments on Flanders. For the joint-enterprise France was to supply 20,000 men, and Cromwell an auxiliary army of 6000 foot (half at the expense of France), besides a fleet for coast-service. A secret article of the Treaty was that neither power should make separate peace with the Spanish Crown for the space of one year from the date of the Treaty.1—Cromwell had lost no time in fulfilling his part of the engagement. To command the auxiliary English army in Flanders he had selected Sir John Reynolds, who had served ably heretofore in Ireland, and was now, as we have seen, member for Tipperary and Waterford in the present Parliament, and a strong Oliverian. His commission was dated April 25; and by May 14 he and his 6000 English foot had all been landed at Boulogne. They were thought the most splendid body of soldiers in Europe, and were admired and complimented by Louis XIV., who went purposely, with Lockhart, to review them. The promised fleet of cooperation was to be under the command of young Admiral Montague, who was still, however, detained in England.2—Meanwhile Blake, in his wider command off the coasts of Spain itself, or wherever in the Atlantic there could be a dash at the Spaniard, had added one more to the series of his naval exploits. To intercept a rich Spanish fleet from Mexico, he had gone to the Canary Isles; he had found the fleet there, sixteen ships in all, impregnably ensconced, as it was thought, in the fortified bay of Santa Cruz in Teneriffe; and, after a council of war, in which it was agreed that, though the ships could not be taken, they might be destroyed, he had ventured that tremendous feat April 20, with the most extraordinary success. He had emerged from Santa Cruz Bay, after eleven hours of connonading and fighting, all but undamaged himself, but leaving not a ship of the Spanish fleet extant, and every fort in ruins. Not till May 28 did the news reach London; but on that day Thurloe presented a narrative of the glorious action to the House, who forthwith ordered a special thanksgiving, and a jewel worth £500 to Blake. On the 10th of June the jewel was sent, with a letter of honour from the Protector, and instructions to leave fourteen of his ships off Cadiz, and return home himself with the rest of his fleet.3
1: Godwin, IV. 540-542. But see Guizot's Cromwell and the English Commonwealth, II. 377 (Engl. Transl. 1854), with Latin Text of the Treaty itself in Appendix to same volume.
2: Godwin, IV. 542-543; Commons Journals of May 5, 1657 (leave to Reynolds to go on the service).