Humble Petition and Advice

Humble Petition and Advice was a constitutional document presented to Lord Protector Oliver Cromwell in 1657 during the Protectorate period of the English Interregnum. It represented the second, and most substantial, attempt to provide a stable written constitution following the Instrument of Government. The petition sought to modify the Protectorate by restoring elements of the ancient constitution, including a reconstituted Other House and a clarified succession, but was ultimately rejected by Cromwell in key parts, failing to achieve lasting political settlement before the Restoration of Charles II.

Background and context

The political instability following the English Civil War and the execution of Charles I led to the establishment of the Commonwealth of England under the Rump Parliament. After its dissolution by Oliver Cromwell and the New Model Army, the Instrument of Government was adopted in 1653, creating the Protectorate with Cromwell as Lord Protector. However, the First Protectorate Parliament proved fractious, and the Rule of the Major-Generals imposed military governance. By 1656, the Second Protectorate Parliament, dominated by more conservative members like Sir Christopher Packe, sought to move away from military rule and create a more traditional, stable government, leading to the drafting of this new constitutional proposal to replace the unpopular Instrument of Government.

Provisions and terms

The document proposed several major revisions to the Protectorate's structure. It offered the crown to Oliver Cromwell, seeking to re-establish a monarchical element, though he ultimately refused the title. It provided for a reconstituted upper chamber, known as the Other House, with members nominated by the Lord Protector and approved by the Commons. It restored a more traditional parliamentary franchise, removing the controversial provisions of the Instrument of Government. The petition also clarified the succession, allowing Cromwell to nominate his successor, and increased the state revenue, while placing checks on the power of the army and the Council of State. Furthermore, it promised religious liberty for all Trinitarian Protestants, excluding Catholics and radical sects like the Quakers.

Reception and implementation

Oliver Cromwell gave a ambivalent response to the Humble Petition and Advice. After lengthy deliberations in the Parliament and with his Council of State, he accepted a revised version on 25 May 1657 but refused the crown, a pivotal moment famously debated at Whitehall Palace. The modified constitution was implemented, leading to the creation of the Other House, populated by Cromwell's supporters like Lord Howard and Edward Montagu. However, the subsequent parliamentary session, the Third Protectorate Parliament, was immediately contentious, as the Commons refused to recognize the legitimacy of the new upper chamber, leading to deadlock and the parliament's swift dissolution by Cromwell in February 1658.

Political and constitutional significance

The episode was a critical attempt to achieve a lasting settlement between the military power embodied by Cromwell and the desire for a return to ancient constitutional forms among the political nation and the gentry. It highlighted the unresolved tension between republican ideals, as seen in the earlier Commonwealth of England, and monarchical tradition. The refusal of the crown by Cromwell demonstrated the enduring power of the anti-monarchical sentiment from the English Civil War and the influence of key army officers like John Lambert. The document itself was a significant experiment in written constitutionalism in British history, standing alongside the Instrument of Government and the later Bill of Rights 1689.

Aftermath and legacy

Following the death of Oliver Cromwell in September 1658, his son Richard Cromwell succeeded as Lord Protector under the terms of the petition, but his weak government quickly collapsed amid renewed conflict between the army and the Parliament. The failure of the Third Protectorate Parliament and the subsequent Committee of Safety led directly to the Restoration of the monarchy under Charles II in 1660, orchestrated by General Monck. The Humble Petition and Advice was nullified, and its constitutional innovations were repudiated. However, its debates over succession, a second chamber, and religious tolerance influenced later constitutional developments, including the Glorious Revolution and the Act of Settlement 1701.

Category:1657 in law Category:1657 in England Category:English Interregnum Category:Constitutions of England Category:Oliver Cromwell