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Hawke, of
the Middle Temple.]
People were still talking of _Killing no Murder_ when the First
Protectorate came to a close. We have now only to take account of the
circumstances of that event, and of the differences there were to be,
constitutionally, between the First Protectorate and the Second.
On the 25th of June, 1657, all the details of the _Humble
Additional and Explanatory Petition and Advice_ having been at
length settled by the House, that supplement to the original
_Petition and Advice_ was also ready for his Highness's assent.
The two documents together, to be known comprehensively as _The
Petition and Advice_, were to supersede the more military
Instrument, called _The Government of the Commonwealth_, to
which Cromwell had sworn in Dec. 1653, at his first installation, and
were to be the charter of his new and constitutionalized
Protectorate. The Articles of this new Constitution were seventeen in
all, and deserve some attention:--Article I., as we know, confirmed
Cromwell's Protectorship and empowered him to choose his
successor.--Article II. provided for the calling of Parliaments of
Two Houses once in three years at furthest.--Article III. stipulated
for all Parliamentary privileges and the non-exclusion of any of the
duly elected members except by judgment of the House of which they
might be members.--Article IV., which was much the longest,
determined the classes of persons who should be disqualified from
being elected or voting in elections. _Universally_, all Roman
Catholics were to be excluded, and all who had abetted the Irish
Rebellion. Farther, in _England_, were to be excluded all who
had been engaged in any war against Parliament since Jan. I, 1641-2,
unless they had afterwards given "signal testimony" of their good
affections, and all who, since the establishment of the Protectorate,
had been engaged in any plot or insurrection against _it_. In
_Scotland_ were to be excluded all who had been in arms against
the Parliament of England or against that of Scotland before April 1,
1648 (old _Malignants_ and _Montrosists_), except such as
had afterwards given "signal testimony," &c., and also all who, since
April 1, 1648, had been in arms against the English Parliament or the
Commonwealth (the _Hamiltonians_ of 1648, and the _Scottish
Royalists of all varieties_ who had fought for Charles II. in
1650-51), except such as had since March 1, 1651-2, "lived
peaceably"--but with the supplementary
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