The Instrument of Government confided the executive power to a Lord
Protector and Council; Cromwell was named as the first Protector. The
legislative power was assigned without restriction to a Parliament
elected by constituencies formed on a new and equitable franchise, there
being a sweeping redistribution of seats. Parliament could pass a Bill
over the Protector’s veto, and was to meet once in three years, for at
least five months; but it had little control over the executive, save
that with it rested the initiative in filling vacancies in the Council.
The Protector was allotted a certain fixed sum, which made him largely
independent of the Parliament’s action. Nevertheless, the Protector was
under real constitutional control. Religious liberty was secured for all
congregations which did not admit “papacy or prelacy,” the Episcopalians
and Roman Catholics being excluded from this right just as they were
excluded from the right of voting, rather as enemies to the Commonwealth
than because of their mere religious beliefs. They were regarded as what
would now be called, in the political terminology of continental Europe,
“irreconcilables”; and the mass and the Prayer-Book were both
prohibited. Until the first Parliament met, which was to be on the
anniversary of the Battle of Dunbar, on September 3, 1654, the Protector
and Council were to issue ordinances with the force of law.
The Constitution thus had very many points of difference from that under
which the United States grew into a great nation. Yet it ranks with it,
rather than with the system of Parliamentary supremacy which was
ultimately adopted in England. It was, of course, less popular, in the
true sense, than the government of either the United States or Great
Britain at the present moment. Oliver, later on, insisted on what he
called the “Four Fundamentals,” which answered to what we now style
Constitutional Rights. His position was strictly in accord with the
American, as opposed to the English, theory of embodying, by preference
in some written document, propositions which neither the law-making body
nor the executive could modify. It was not to be expected that he should
hit on the device of a Supreme Court to keep guard over these
propositions.
Public-domain text, read in full here on John Shaqi.
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