Cromwell had gained over Parliament; he had influenced the public mind; but, notwithstanding his ardent endeavors, some of the most important of the leaders of the army remained hostile to him, and persisted in their opposition to his design, either through envy or republican and sectarian fidelity, or as in the case of Desborough, his brother-in-law, and Fleetwood, his son-in-law, in the very interests of his family; all were convinced that the re-establishment of the monarchy would turn to the advantage of Charles Stuart. In vain did Cromwell repeat his favorite phrase; that it was a feather in a hat, and that he was astonished that some men did not allow children to play with their rattles; the Republican chiefs were inflexible. The country was in reality indifferent to the question. England did not expect from the projected change the return of the two things which it had at heart, a stable monarchy and a free Parliament. Meanwhile the House was convoked for the 6th of May, at Westminster. The choice of the place appeared to indicate a resolution at length to accept the crown, for the Protector ordinarily received the House at Whitehall. But on the 7th of May the committee learnt that the general audience was postponed to the morrow; they were awaiting in vain the interview which had been promised. When they returned on the morrow to Whitehall, a deputation of officers presented themselves before the House. "Cromwell has decided to accept the crown," Desborough said to Colonel Pride. "He will not do it," said Pride. "How will you prevent it?" "Get me a petition well drawn up, and I will prevent it!" It was this petition, written by Doctor Owen, formerly chaplain to Cromwell, which the officers brought to the bar of Parliament. "Certain people," they said, "were making great efforts to place their country under its former servitude, by urging their general to accept the title of king; and that to ruin him, in order that the power should no longer be in the hands of the faithful servants of God and the public! They implored the House to lend no support to such people or to such designs, and to remain firm to the good old cause, for which they were always ready to sacrifice their lives."
The House was embarrassed and agitated. Cromwell being immediately informed of this incident, sent for Fleetwood, complaining bitterly that he should have suffered such a petition, and demanding that the House should repair on that very day to Whitehall. As soon as the assemblage was present in the Banqueting Hall, Cromwell entered.
"Mr. Speaker," he said, "I come hither to answer that which was in your last paper to your committee you sent me yesterday, which was in relation to the desires that were offered me by the House in that they called their petition.
"I have the best I can resolved the whole business in my thoughts. I must bear my testimony to the act, that the intentions and the things are very honorable and honest, and the product worthy of a Parliament. … I have only had the unhappiness not to be convinced of the necessity of that thing which hath been so often insisted on by you—to wit, the title of king. … And whilst you are granting other liberties, surely you will not deny me this, which is not only a liberty but a duty. … If I shall do anything on this account to answer your expectation at the best, I should do it doubtingly. … And whatsoever is not of faith is sin to him that doth it. …
"I, lying under this consideration, think it my duty, only I could have wished I had done it sooner for the sake of the House, who have laid such infinite obligations on me. … But truly this is my answer that, although I think the act of government doth consist of very excellent parts in all but that one thing of the title as to me, … I cannot accept of the government, nor undertake the trouble and charge of it as to which I have, a little more experimented than everybody. … I say I am persuaded to return this answer to you, that I cannot undertake this government with the title of king. And that is mine answer to this great and weighty business."
The House withdrew, astonished and discontented. Three weeks later it voted, in all its details, the "Humble petition and advice," in which the title of Protector everywhere replaced the title of King, and on the 26th of June, in great pomp, Cromwell took the oath to the new constitution which re-established the two Houses, concentrated the power in the hands of the Protector, and gave him the right of designating his successor. There was no longer a Republic. There were only wanting a hereditary right and the title of king to make a monarchy.
Cromwell had attempted more than he could accomplish; and, notwithstanding the splendor which surrounded the new act of the Protectorate, notwithstanding the new rights which were attached thereto, he felt his power and reputation lessened. A little tract was profusely circulated, under this title: "Killing no Murder." The pamphlet was dedicated to Cromwell himself. "To your Highness the honor is due of dying for the people," said the pamphlet, which was attributed to Sexby, "and it will surely be for you, at the last moment of your life, an inexpressible consolation to see how much good you will do in the world by quitting it. Then alone, my Lord, the titles which you now usurp will really belong to you; then you will be the liberator of your country, for you will deliver it from a bondage almost equal to that from which Moses freed the Jews. … All this we hope from the death of your Highness. … It is to hasten this great good that I write this tract. …" Sexby was arrested and placed in the Tower; he died there several months later, thus escaping the punishment which he had so often merited.
While the assassination of the Protector was thus openly proposed to the country, as a means of deliverance, the Upper House, which had been recently formed with great difficulty, met in the Commons with considerable jealousy and ill-will. Cromwell had been compelled to place in the former assembly a few of his most faithful adherents; he had summoned thither seven of his former peers: one only responded to the appeal. A friend of Cromwell, Lord Warwick himself, whose son, Mr. Rich, had recently married Lady Francis, youngest daughter of the Protector, refused to take his seat. "I will not," he said, "sit beside the shoemaker Hewson." In vain did Cromwell, on the 25th of January, 1658, open the sitting of Parliament with a speech which began with these decisive words: "My Lords and Gentlemen of the House of Commons;" the Commons refused to give the honorary title of the "other" House, and only accepted communications with the Peers through their own messengers. The members excluded at the opening of Parliament, in 1657, presented themselves to take their seats, and Cromwell no longer thought of excluding them, for they proposed to take the oath to the new constitution. Republican passion gained the ascendant; it had found its former chief, Sir Arthur Haselrig; being summoned to the House of Lords he refused to sit, and returned to take his place in the House of Commons at the head of the opposition.