3: Commons Journals, May 28 and 29, 1657; Godwin, IV. 418-420; Carlyle, III. 264 and 304-305.
"Killing no Murder: briefly discoursed, in Three Questions, by William Allen:" such was the title of a pamphlet in secret circulation in London in June, 1657, and still of some celebrity. It began with a letter "To His Highness, Oliver Cromwell," in this strain: "To your Highness justly belongs the honour of dying for the people; and it cannot choose but be an unspeakable consolation to you in the last moments of your life to consider with how much benefit to the world you are likely to leave it ... To hasten this great good is the chief end of my writing this paper." There follows, accordingly, a letter to those officers and soldiers of the army who remember their engagements, urging them to assassinate Cromwell. "We wish we had rather endured thee, O Charles," it says, "than have been condemned to this mean tyrant, not that we desire any kind of slavery, but that the quality of the master sometimes graces the condition of the slave." Sindercombe is spoken of as "a brave man," of as "great a mind" as any of the old Romans. At the end there is this postscript: "Courteous reader, expect another sheet or two of paper on this subject, if I escape the Tyrant's hands, although he gets in the interim the crown upon his head, which he hath underhand put his confederates on to petition his acceptance thereof." This would imply that, though not in circulation till June, the pamphlet had been written while the Kingship question was in suspense, i.e, before May 8. The name "William Allen" on the title-page was, of course, assumed. The pamphlet, hardly any one now doubts, was by Edward Sexby, the Stuartist arch-conspirator, then moving between England and the continent, and known to have been the real principal of Sindercombe's plot. Actually, when the pamphlet appeared, the desperate man was again in England, despite Thurloe's police. The pamphlet was greedily sought after, and much talked of. The sale was, of course, dangerous. A copy could not be had under five shillings.1
1: Copy of Killing no Murder (first edition, much rarer than a second and enlarged edition of 1659) among the Thomason Pamphlets, with the date "June 1657" marked on it: Wood's Ath. IV. 624-5; Godwin, IV. 388-390 (where the pamphlet is assumed to have been out "early in May"); Carlyle, III, 67. After the Restoration, Sexby being then dead, the pamphlet was claimed by another.—An answer to Killing no Murder, under the title Killing is Murder, appeared Sept. 21, 1657. It was by a Michael Hawke, of the Middle Temple.
People were still talking of Killing no Murder when the First Protectorate came to a close. We have now only to take account of the circumstances of that event, and of the differences there were to be, constitutionally, between the First Protectorate and the Second.
On the 25th of June, 1657, all the details of the Humble Additional and Explanatory Petition and Advice having been at length settled by the House, that supplement to the original Petition and Advice was also ready for his Highness's assent. The two documents together, to be known comprehensively as The Petition and Advice, were to supersede the more military Instrument, called The Government of the Commonwealth, to which Cromwell had sworn in Dec. 1653, at his first installation, and were to be the charter of his new and constitutionalized Protectorate. The Articles of this new Constitution were seventeen in all, and deserve some attention:—Article I., as we know, confirmed Cromwell's Protectorship and empowered him to choose his successor.—Article II. provided for the calling of Parliaments of Two Houses once in three years at furthest.—Article III. stipulated for all Parliamentary privileges and the non-exclusion of any of the duly elected members except by judgment of the House of which they might be members.—Article IV., which was much the longest, determined the classes of persons who should be disqualified from being elected or voting in elections. Universally, all Roman Catholics were to be excluded, and all who had abetted the Irish Rebellion. Farther, in England, were to be excluded all who had been engaged in any war against Parliament since Jan. I, 1641-2, unless they had afterwards given "signal testimony" of their good affections, and all who, since the establishment of the Protectorate, had been engaged in any plot or insurrection against it. In Scotland were to be excluded all who had been in arms against the Parliament of England or against that of Scotland before April 1, 1648 (old Malignants and Montrosists), except such as had afterwards given "signal testimony," &c., and also all who, since April 1, 1648, had been in arms against the English Parliament or the Commonwealth (the Hamiltonians of 1648, and the Scottish Royalists of all varieties who had fought for Charles II. in 1650-51), except such as had since March 1, 1651-2, "lived peaceably"—but with the supplementary proviso, required by his Highness, that, while "having lived peaceably" since Worcester would suffice for the miscellaneous Royalists of 1650-51, who were indeed nearly the whole population of Scotland, the less pardonable Hamiltonians of 1648 would have to pass much stricter tests. In Ireland, though Protestants generally were to be qualified, there was to be like caution in admitting such as, though faithful before March 1, 1649-50, had afterwards opposed the Commonwealth or the Protector. These disqualifications affected both voting and eligibility; but eligibility was restricted still farther. Ineligible were to be all atheistic persons, scoffers at Religion, unbelievers in the divine authority of the Bible, or other execrable heretics, all profaners of the Lord's Day, all habitual drunkards or swearers, and all who had married Roman Catholics or allowed their children to marry such. For the rest, all persons of the voting sex, over the age of twenty-one, and "of known integrity, fearing God, and of good conversation," were to be eligible. One farther exception had been made in the original Petition and Advice; to wit, all in holy orders, all ministers or public preachers. "There may be some of us, it may be, who have been a little guilty of that, who would be loath to be excluded from sitting in Parliament," Cromwell had said laughingly while commenting on this clause; and it had accordingly been defined as excluding only regular pastors of congregations. He had procured an important modification of another clause of the same Article. It had been proposed that the business of examining who had been duly elected, and the power of suspending members till the House itself should decide, should be vested in a body of forty-one commissioners to be appointed by Parliament; but, Cromwell having pointed out that this would be a clumsy process, and that the commissioners themselves might be "uncertain persons," and might "keep out good men," it was agreed that the judgment of the House itself, with a fine of £1000 on every unqualified person that might take his seat, would fully answer the purpose.—Article V. related to the Second House of Parliament, called simply "the other House." It was to consist of not more than seventy nor fewer than forty persons, qualified as by the last Article, to be nominated by the Protector and approved by the Commons House, twenty-one to be a quorum, and no proxies allowed. Vacancies were to be filled up by nominations by the Protector, approved by the House itself. The powers of the House were also defined. They were to try no criminal cases whatsoever, unless on an impeachment sent up from the Commons, and only certain specified kinds of civil cases. All their final determinations were to be by the House itself, and not by delegates or Committees.—Article VI. ruled that all other particulars concerning "the calling and holding of Parliaments" should be by law and statute, and that there should be no legislation, or suspension, or abrogation of law, but by Act of Parliament.—Article VII. guaranteed a yearly revenue of £1,300,000, whereof £1,000,000 to be for the Army and Navy, and the remaining £300,000 for the support of the Government, the sums not to be altered without the consent of Parliament, and no part of them to be raised by a land-tax. There might also be "temporary supplies" over and above, to be voted by the Commons; but on no account was his Highness to impose any tax, or require any contribution, by his own authority. By Cromwell's request it was added that his expenditure of the Army and Navy money should be with the advice of his Council, and that accounts should be rendered to Parliament.—Article VIII. settled that his Highness's Privy Council should consist of not more than twenty-one persons, seven a quorum, to be approved by both Houses, and to be irremovable but by the consent of Parliament, though in the intervals of Parliament any of them might be suspended by the Protector. It was asked that the Government should always be with the advice of the Council, and stipulated that, after Cromwell's death, all appointments to the Commandership-in-chief, or to Generalships at land or sea, should be by the future Protectors with consent of the Council.—Article IX. required that the Lord Chancellor, or Lord Keeper, or Lords Commissioners of the Great Seal, the Lord Treasurer or Lords Commissioners of the Treasury, the Judges, and all the great State-officers in England, Scotland, or Ireland, should, in cases of future appointment by the Protector and his Council, be approved by Parliament.—Article X. congratulated the Protector on his Established Church, and begged him to punish, according to law, all open revilers of the same.—Article XI. related to Religion and Toleration. The Protestant Faith, as contained in the Old and New Testaments, and as yet to be formulated in a Confession of Faith to be agreed upon between his Highness and the Parliament, was to be the professed public Religion, and to be universally respected as such; but all believers in the Trinity and in the divine authority of the Scriptures, though they might dissent otherwise in doctrine, worship, or discipline from the Established Church, were to be protected in the exercise of their own religion and worship,—this liberty not to extend to Popery, Prelacy, or the countenancing of blasphemous publications. Ministers and Preachers agreeing in "matters of faith" with "the public profession," though differing in "matters of worship and discipline," were not to be excluded from the Established Church by that difference, but might have "the public maintenance appointed for the ministry" and promotion and employment in the Church according to their abilities. None but those whose difference extended to matters of faith need remain outside the Established Church. Dissenters from the Established Church, if sufficiently right in the faith, were to have equal admission with others to all civil trusts and appointments, subject only to any disqualification for civil office attached to the ministerial profession. His Highness was requested to agree to the repeal of all laws inconsistent with these provisions.—Article XII. required that all past Acts for disestablishing or disendowing the old Prelatic Church, and appropriating the revenues of the same, should hold good.—Article XIII. required that Old Malignants, and other such classes of persons as those disqualified for Parliament in Article IV., should be excluded also from other public trusts.—Article XIV. stipulated that nothing in the Petition and Advice should be construed as implying the dissolution of the present Parliament before such time as his Highness should independently think fit.—Article XV. provided that the Petition and Advice should not be construed as repealing or annulling any Laws or Ordinances already in force, not distinctly incompatible with itself.—Article XVI. protected in a similar way all writs, commissions, grants, law-processes, &c., issued and in operation already, even though the wording should seem a little past date.—Article XVII. and Last requested his Highness to be pleased to take an oath of office. A form of such oath appeared in the Additional Petition and Advice, with another form of oath for his Highness's Councillors in England, Scotland, and Ireland, and a third for the members of either House of Parliament. This last, besides a promise to uphold and promote the true Protestant Religion, contained a special promise of fidelity to the Lord Protector and his Government. Farther, by the same Additional Petition and Advice, the Lord Protector was requested and empowered to issue writs calling qualified persons to the other House in convenient time before the next session of Parliament, and such persons were empowered to meet and constitute the other House at the time and place appointed without requiring farther approbation from the present Single House.1
1: The original Petition and Advice is given in full in Scobell (378-383), Whitlocke (IV. 292-301), and in Parl. Hist. (III. 1502-1511); the Additional Petition and Advice in Scobell 450-452, and Whitlocke, IV. 306-310. But see also Cromwell's Speech XIII. with Mr. Carlyle's elucidations (Carlyle, III. 279 et seq.)
Friday, June 26, 1657, was the last day of the present Single House, and a day of high ceremonial in London. The House, having met as usual in the morning, and transacted some overstanding business, rose about two o'clock to meet his Highness in the Painted Chamber. There, with the words "The Lord Protector doth consent," the Additional Petition and Advice, and therefore the whole new Constitution of the Protectorate, as just described, became law, and assent was given also to a number of Bills that had passed the House since the 9th. Among these was an "Act for convicting, discovering, and repressing of Popish Recusants," an "Act for the Better Observation of the Lord's Day," and an "Act for punishing such persons as live at high rates and have no visible estate, profession, or calling, answerable thereto." There were also two Money Bills for temporary supplies: viz. one for raising £15,000 from Scotland, to go along with the £180,000 from England, and the £20,000 from Ireland, voted for the three months just ended, and another general and prospective one, assessing England at £35,000 a month, Scotland at £6000 a month, and Ireland at £9000 a month, for the next three years. All these assents having been received, there was an adjournment to Westminster Hall for the solemn installation of his Highness in his Second Protectorate.—The Hall had been magnificently prepared, and contained a vast assemblage. The members of the House, the Judges in their robes, the Lord Mayor and Aldermen in their robes, and other dignitaries, were ranged in the midst round, a canopied chair of state. It was the royal chair of Scotland, with the mystic coronation-stone underneath it, brought for the purpose from the Abbey. In front of the chair was a table, covered with pink-coloured Geneva velvet fringed with gold; and on the table lay a large Bible, a sword, the sceptre, and a robe of purple velvet, lined with ermine. His Highness, having entered, attended by his Council, the great state officers, his son Richard, the French Ambassador, the Dutch Ambassador, and "divers of the nobility and other persons of great quality," stood, beside the chair under the canopy. The Speaker, assisted by the Earl of Warwick, Whitlocke, and others, then attired his Highness in the purple velvet robe; after which he delivered to him the richly-gilt Bible, girt him with the sword, and put the gold sceptre into his hand. His Highness then swore the oath of office, administered to him by the Speaker, After that, the Speaker addressed him in a well-turned speech. "You have no new name," he said, "but a new date now added to the old name: the 16th of December is now changed into the 26th of June." He explained that the robe, the Bible, the sword, and the sceptre were presents to his Highness from the Parliament, and dwelt poetically on the significance of each. "What a comely and glorious sight," he concluded, "it is to behold a Lord Protector in a purple robe, with a sceptre in his hand, a sword of justice girt about him, and his eyes fixed upon the Bible! Long may you prosperously enjoy them all, to your own comfort, and the comfort of the people of these three Nations!" His Highness still standing, Mr. Manton offered up a prayer. Then, the assemblage giving several great shouts, and the trumpets sounding, his Highness sat down in the chair, still holding the sceptre. Then a herald stood up aloft, and signalled for three trumpet-blasts, at the end of which, by authority of Parliament, he proclaimed the Protector. There were new trumpet-blasts, loud hurrahs through the Hall, and cries of "God save the Lord Protector." Once more there was proclamation, and once more a burst of applauses. Then, all being ended, his Highness, with his robe borne up by several young persons of rank, passed with his retinue from the Hall by the great gate, where his coach was in waiting. And so, with the Earl of Warwick seated opposite to him in the coach, his son Richard and Whitlocke on one side, and Viscount Lisle and Admiral Montague on the other, he was driven through the crowd to Whitehall, surrounded by his life-guards, and followed by the Lord Mayor and other dignitaries in their coaches.—There was a brief sitting of the House after the Installation. It was agreed to recommend to his Highness to "encourage Christian endeavours for uniting the Protestant Churches abroad," and also to recommend to him to take some effectual course "for reforming the government of the Inns of Court, and likewise for placing of godly and able ministers there"; and it was ordered that the Acts passed by the House should be printed collectively, and that every member should have a copy. Then, according to one of the Acts to which his Highness had that day assented, the House adjourned itself for seven months, i.e. to Jan. 20, 1657-8.1
1: Commons Journals of June 26, 1657; Parl. Hist. III. 1514-1518 (Reprint of the authorized contemporary account of the Installation-Ceremony, which had a frontispiece by Hollar); Whitlocke, IV. 303-305; Guizot's Cromwell, II. 337-339 (where some of the particulars of the Installation seem to be from French eye-witnesses).