[Footnote 1: Exact Relation, 25, 26. True Narrative, 3. Thurloe, i. 730. I adopt the number given by Mansel, as he could have no motive to diminish it.]
On the third day the signatures amounted to eighty, an absolute majority of the whole house; on the fourth, a new constitution was published, and Cromwell obtained the great object of his ambition,—the office and authority, though without the title, of king.[1]
On that day, about one in the afternoon, the lord-general repaired in his carriage from the palace to Westminster Hall,[a] through two lines of military, composed of five regiments of foot and three of horse. The procession formed at the door. Before him walked the aldermen, the judges, two commissioners of the great seal, and the lord mayor; behind him the two councils of state and of the army. They mounted to the court of Chancery, where a chair of state with a cushion had been placed on a rich carpet. Cromwell was dressed in a suit and cloak of black velvet, with long boots, and a broad gold band round his hat. He took his place before the chair, between the two commissioners; the judges stood in a half-circle behind it, and the civic officers ranged themselves on the right, the military on the left, side of the court.
[Footnote 1: Exact Relation, 26. True Narrative, 4. Ludlow, ii. 33. Clarendon, iii. 484. Thurloe, i. 754. The author of this new constitution is not known. Ludlow tells us that it was first communicated by Lambert to a council of field officers. When some objections were made, he replied, that the general was willing to consider any amendments which might be proposed, but would not depart from the project itself. Some, therefore, suggested that, after the death of the present lord-general, the civil and military government should be kept separate, and that no protector should be succeeded by any of his relatives. This gave so much offence, that, at a second meeting, Lambert, having informed them that the lord-general would take care of the civil administration, dismissed them to their respective commands.—Ludlow, ii. 37. It is to this, perhaps, that the Dutch ambassador alludes, when he says that Cromwell desisted from his project of being declared king on account of the displeasure of the officers.—Thurloe, i. 644.]
[Sidenote a: A.D. 1653. Dec. 16.]
Lambert now came forward to address the lord-general. He noticed the dissolution of the late parliament, observed that the exigency of the time required a strong and stable government, and prayed his excellency in the name of the army and of the three nations to accept the office of protector of the commonwealth. Cromwell, though it was impossible to conceal the purpose for which he had come thither, could not yet put off the habit of dissimulation; and if, after some demur, he expressed his consent, it was with an appearance of reluctance which no one present could believe to be real.
Jessop, one of the clerks of the council, was next ordered to read the "instrument of government," consisting of forty-two articles. 1. By it the legislative power was invested in a lord-protector and parliament, but with a provision that every act passed by the parliament should become law at the expiration of twenty days, even without the consent of the protector; unless he could persuade the house of the reasonableness of his objections. The parliament was not to be adjourned, prorogued, or dissolved, without its own consent, within the first five months after its meeting; and a new parliament was to be called within three years after the dissolution of the last. The number of the members was fixed according to the plan projected by Vane at the close of the long parliament, at four hundred for England, thirty for Scotland, and thirty for Ireland. Most of the boroughs were disfranchised, and the number of county members was increased. Every person possessed of real or personal property to the value of two hundred pounds had a right to vote,[1] unless he were a malignant or delinquent, or professor
[Footnote 1: During the long parliament this qualification had been adopted on the motion of Cromwell, in place of a clause recommended by the committee, which gave the elective franchise under different regulations to freeholders, copyholders, tenants for life, and leaseholders,—See Journals, 30th March, 1653.]
of the Catholic faith; and the disqualifications to which the electors were subject attached also to the persons elected. 2. The executive power was made to reside in the lord-protector acting with the advice of his council. He possessed, moreover, the power of treating with foreign states with the advice, and of making peace or war with the consent, of the council. To him also belonged the disposal of the military and naval power, and the appointment of the great officers of state, with the approbation of parliament, and, in the intervals of parliament, with that of the council, but subject to the subsequent approbation of the parliament. 3. Laws could not be made, nor taxes imposed, but by common consent in parliament. 4. The civil list was fixed at two hundred thousand pounds, and a yearly revenue ordered to be raised for the support of an army of thirty thousand men, two-thirds infantry, and one-third cavalry, with such a navy as the lord-protector should think necessary. 5. All who professed faith in God by Jesus Christ were to be protected in the exercise of their religion, with the exception of prelatists, papists, and those who taught licentiousness under the pretence of religion. 6. The lord-general Cromwell was named lord-protector; his successors were to be chosen by the council. The first parliament was to assemble on the 3rd of the following December; and till that time the lord-protector was vested with power to raise the moneys necessary for the public service, and to make ordinances which should have the force of law, till orders were taken in parliament respecting the same.
At the conclusion, Cromwell, raising his right hand and his eyes to heaven with great solemnity, swore to observe, and cause to be observed, all the articles of the instrument; and Lambert, falling on his knees, offered to the protector a civic sword in the scabbard, which he accepted, laying aside his own, to denote that he meant to govern by constitutional, and not by military, authority. He then seated himself in the chair, put on his hat while the rest stood uncovered, received the seal from the commissioners, the sword from the lord mayor, delivered them back again to the same individuals, and, having exercised these acts of sovereign authority, returned in procession to his carriage, and repaired in state to Whitehall. The same day the establishment of the government by a lord-protector and triennial parliaments, and the acceptance of the protectorship by the lord-general, were announced to the public by proclamation, with all the ceremonies hitherto used on the accession of a new monarch.[1]