Cromwell, Oliver, 1599-1658; Great Britain -- History -- Commonwealth and Protectorate, 1649-1660
The Protector was bound to act under the control of the
Council, and though scarcely any record of the political action of
that body has been preserved, there is enough to show that whilst
Cromwell's personal influence over it was necessarily great, it was
by no means a mere tool in his hands. The constitutional control to
which the Protector was subjected was therefore a real one, though that
control was in the hands of a body meeting in secret and sufficiently
self-centred to make no bid for popularity by the speeches made in
the course of discussions amongst its members, as a more popular
assembly would have done. Finally, religious liberty was secured for
all congregations which did not admit 'Popery or Prelacy'; whilst the
right of issuing ordinances with the force of law was granted to the
Protector and Council till the first Parliament met.
It has frequently been urged that the Instrument was the earliest
example of that system of fixed constitutions, of which the most
notable instance is that of the United States, and must therefore rank
with such constitutions rather than with the system of Parliamentary
supremacy which was ultimately adopted in England. The comparison
with the American constitution, however, can only stand with those
who are resolved to fix their attention on similarities and to ignore
differences. The Instrument, it is true, resembles the Constitution
of the United States in refusing to submit the holders of executive
authority to the constant control of the legislature, and in setting
forth the relations between the bodies of the State in a written
document. On more important points there is a world-wide distinction.
In America, the whole federal constitution is redolent of popular
control. Every four years the President is re-elected or replaced,
and though Congress cannot dismiss a President except by a judicial
impeachment, it has complete control over the finances, and can leave
him without supply. Add to this the ingrained habit of the American
people in giving vent to popular opinion, and in pressing it on the
notice of the government which it has given to itself, and we shall
find little cause to seek in the Constitution of the United States for
a justification of the Instrument--a document drawn up by soldiers and
endowing the chief of the State and his councillors with a lifelong
tenure of office, with an abundant armed force, and with a power of
taxation adequate to all ordinary requirements in time of peace. The
question raised by the Instrument was not whether the national control
was to be exercised indirectly through Parliament, or directly
through a popular vote, but whether it should be exercised at all.
The constitutional principles alike respected in England and America
are diametrically opposed to those on which the government of the
Protectorate was founded.
Public-domain text, read in full here on John Shaqi.
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