Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
The fundamental charter of the English commonwealth under the
protectorship of Cromwell, had been the instrument of government,
drawn up by the council of officers in December 1653, and approved
with modifications by the parliament of the next year. It was now
changed to the petition and advice, tendered to him by the present
parliament in May 1657, which made very essential innovations in the
frame of polity. Though he bore, as formerly, the name of lord
protector, we may say, speaking according to theoretical
classification, and without reference to his actual exercise of power,
which was nearly the same, that the English government in the first
period should be ranged in the order of republics, though with a chief
magistrate at its head; but that from 1657 it became substantially a
monarchy, and ought to be placed in that class, notwithstanding the
unimportant difference in the style of its sovereign. The petition and
advice had been compiled with a constant respect to that article,
which conferred the royal dignity on the protector;[450] and when this
was withdrawn at his request, the rest of the instrument was
preserved with all its implied attributions of sovereignty. The style
is that of subjects addressing a monarch; the powers it bestows, the
privileges it claims, are supposed, according to the expressions
employed, the one to be already his own, the other to emanate from his
will. The necessity of his consent to laws, though nowhere mentioned,
seems to have been taken for granted. An unlimited power of appointing
a successor, unknown even to constitutional kingdoms, was vested in
the protector. He was inaugurated with solemnities applicable to
monarchs; and what of itself is a sufficient test of the monarchical
and republican species of government, an oath of allegiance was taken
by every member of parliament to the protector singly, without any
mention of the commonwealth.[451] It is surely, therefore, no paradox
to assert that Oliver Cromwell was _de facto_ sovereign of England,
during the interval from June 1657, to his death in September 1658.
Public-domain text, read in full here on John Shaqi.
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