Second Protectorate Parliament
Encyclopedia
The Second Protectorate Parliament in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

 sat for two sessions from 17 September 1656 until 4 February 1658, with Thomas Widdrington
Thomas Widdrington
Sir Thomas Widdrington SL was an English politician and judge of the 17th century.He and his brother Ralph were of a junior branch of an ancient Northumbrian family and were distantly related to William Widdrington, 1st Baron Widdrington...

 as the Speaker of the House of Commons
Speaker of the British House of Commons
The Speaker of the House of Commons is the presiding officer of the House of Commons, the United Kingdom's lower chamber of Parliament. The current Speaker is John Bercow, who was elected on 22 June 2009, following the resignation of Michael Martin...

. In its first session, the House of Commons was its only chamber; in the second session an Other House with a power of veto over the decisions of the Commons was added.

Background

There were two sessions the first from 17 September 1656 until 26 June 1657 and a second from 20 January until 4 February 1658. The Second Protectorate
The Protectorate
In British history, the Protectorate was the period 1653–1659 during which the Commonwealth of England was governed by a Lord Protector.-Background:...

 Parliament was summoned reluctantly by the Lord Protector
Lord Protector
Lord Protector is a title used in British constitutional law for certain heads of state at different periods of history. It is also a particular title for the British Heads of State in respect to the established church...

 Oliver Cromwell
Oliver Cromwell
Oliver Cromwell was an English military and political leader who overthrew the English monarchy and temporarily turned England into a republican Commonwealth, and served as Lord Protector of England, Scotland, and Ireland....

 on the advice of the Major-Generals
Rule of the Major-Generals
The Rule of the Major-Generals from August 1655 – January 1657, was a period of direct military government during Oliver Cromwell's Protectorate.England was divided into 10 regions each governed by a Major-General who answered to the Lord Protector....

 who were running the country as regions under military governors. The Major-Generals thought that a compliant parliament would be the best way to raise money to pay for the Army occupation, and the Navy both of which were involved in the Anglo-Spanish War
Anglo-Spanish War (1654)
The Anglo-Spanish War was a conflict between the English Protectorate of Oliver Cromwell and Spain, between 1654 and 1660. It was caused by commercial rivalry. Each side attacked the other's commercial and colonial interests in various ways such as privateering and naval expeditions. In 1655, an...

 (1654–1660).

The elections were held under the new written constitution called Instrument of Government. It included returning up to thirty members from Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

 and up to another thirty from Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...

. Royalists and Catholics were prevented from standing or voting under Articles XIV and XV. After the election the Council of State stopped one hundred elected members from taking their seats by declaring that they were not "of known integrity, fearing God" (Article VII). A further fifty withdrew in protest which left about two hundred and fifty to take their seats for the first session.

First Session

The first session opened in December 1656. The Protectorate government did not have much pressing legislation to present so the House occupied its time with private members bills. However over the next few months three issues would dominate the session. The first was the Militia Bill, the second was the Naylor case and the third was constitutional reform (the Humble Petition and Advice
Humble Petition and Advice
The Humble Petition and Advice was the second, and last, codified constitution of England after the Instrument of Government.On 23 February 1657, during the sitting of the Second Protectorate Parliament, Sir Christopher Packe, a Member of Parliament and former Lord Mayor of London The Humble...

), which was influenced by the failure of the Militia Bill to pass and the The Naylor case was to show that the members of Parliament were less religiously tolerant than was constitutionally allowed in Instrument of Government.

Militia Bill

The House voted down Major-General John Desborough
John Desborough
John Desborough was an English soldier and politician who supported the parliamentary cause during the English Civil War.-Life:He was the son of James Desborough of Eltisley, Cambridgeshire, and of Elizabeth Hatley of Over in the same county, was baptized on 13 November 1608. He was educated for...

's "Militia Bill" on 29 January 1657 by one hundred and twenty four votes to eighty eight. This bill would have perpetuated the Decimation Tax that funded the mounted militia, which was collected by Cromwell's Major-Generals
Rule of the Major-Generals
The Rule of the Major-Generals from August 1655 – January 1657, was a period of direct military government during Oliver Cromwell's Protectorate.England was divided into 10 regions each governed by a Major-General who answered to the Lord Protector....

; the failure of the bill caused the so-called rule of the Major-Generals in the counties to end.

Introduction of the Humble Petition and Advice

With the rejection of the Decimation Tax, it was clear that government through the Major-Generals could not continue. In February 1657 Cromwell was offered the crown and a new constitution called the Humble Petition and Advice
Humble Petition and Advice
The Humble Petition and Advice was the second, and last, codified constitution of England after the Instrument of Government.On 23 February 1657, during the sitting of the Second Protectorate Parliament, Sir Christopher Packe, a Member of Parliament and former Lord Mayor of London The Humble...

.

Naylor case

On Palm Sunday
Palm Sunday
Palm Sunday is a Christian moveable feast that falls on the Sunday before Easter. The feast commemorates Jesus' triumphal entry into Jerusalem, an event mentioned in all four Canonical Gospels. ....

 1656 James Nayler
James Nayler
James Nayler was an English Quaker leader. He is among the members of the Valiant Sixty, a group of early Quaker preachers and missionaries. At the peak of his career, he preached against enclosure and the slave trade....

 reenacted the arrival of Christ in Jerusalem by riding a horse into Bristol attended by followers who sang "Holy, holy, holy" and strewed the way with their garments. Although Naylor denied that he was impersonating Jesus, this act outraged many in Parliament in what was seen as an act of blasphemy. There was consensus in the House that Naylor should be punished. However while the House of Common could pass, and had in recent times passed, acts of attainder
Bill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...

 against people, it was questioned whether the House could invoke a judicial procedure like that of the now disbanded House of Lords. After much debate and looking at old precedents, the House concluded that it had the right to act in a judicial capacity. So they tried Naylor and passed the following resolution for his blasphemy:

Acceptance of the Humble Petition and Advice

After some thought Cromwell declined the crown as embodied in the Humble Petition. The Naylor case had showed that the members of Parliament were less religiously tolerant than the constitution allowed, and the assumption of judicial powers by the House, worried many in the House, the Grandees in the Army, and Cromwell. So encouraged, Cromwell with the support of the Grandees, pressed the house for a second chamber
Cromwell's Other House
The Other House , established by the Lord Protector Oliver Cromwell under the terms of the Humble Petition and Advice, was one of the two chambers of the Parliaments that legislated for England and Wales, Scotland and Ireland, in 1658 and 1659, the final years of the Protectorate.During the Rule of...

.

After modifications had been made to the Humble Petition, Cromwell agreed to the new constitution and in June 1657 he was reinstated as Lord Protector under the articles of the Humble Petition and Advice. Parliament then went in to recess for the summer.

Second Session

The Army Grandees agreed to allow the MPs who had been excluded under Article VII of the Instrument of Government to be allowed to take their seats. But to make sure that the House would be compliant to their wishes, Cromwell nominated 63 members to "Other House" permitted by the Humble Petition and Advice, 42 accepted and 37 came to the first meeting.

This triggered a wave of republican protest in the House of Commons which spread to the rank and file of the Army. Amidst fears of a Levellers
Levellers
The Levellers were a political movement during the English Civil Wars which emphasised popular sovereignty, extended suffrage, equality before the law, and religious tolerance, all of which were expressed in the manifesto "Agreement of the People". They came to prominence at the end of the First...

 revival and Royalist plots, under the prerogative granted to the Lord Protector by the Humble Petition and Advice, Oliver Cromwell dissolved Parliament on 4 February 1658.

Succession

The Second Protectorate Parliament was preceded by the First Protectorate Parliament
First Protectorate Parliament
The First Protectorate Parliament was summoned by the Lord Protector Oliver Cromwell under the terms of the Instrument of Government. It sat for one term from 3 September 1654 until 22 January 1655 with William Lenthall as the Speaker of the House....

 and succeeded by the Third Protectorate Parliament
Third Protectorate Parliament
The Third Protectorate Parliament sat for one session, from 27 January 1659 until 22 April 1659, with Chaloner Chute and Thomas Bampfylde as the Speakers of the House of Commons...

.
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