Humble Petition and Advice
The Humble Petition and Advice was a constitutional document drawn up by a group of MPs in 1657 under which Lord Protector Oliver Cromwell was offered the Crown. It represented an attempt by civilian Parliamentarians to move back towards traditional forms of government after the imposition of various army-led constitutional experiments, in particular the unpopular Rule of the Major-Generals. The offer of the Crown was intended to limit Cromwell's power rather than extend it because as King his power would be defined by precedent. The Humble Petition aimed to legitimise the constitution since it came from an elected Parliament, unlike its predecessor the Instrument of Government.
The first version of the Humble Petition was known as the Humble Address and Remonstrance. It was drafted by a small group which included Lord Broghill, Edward Montagu and Oliver St John. The Remonstrance was brought before the Second Protectorate Parliament on 23 February 1657 by Sir Christopher Packe, a former Lord Mayor of London. It included proposals for the re-introduction of a second House of Parliament and for the establishment of a national church regulated by a Confession of Faith, but its most controversial proposal was that the Protector should be invited to assume the office and title of King. The proposal was supported by most lawyers and civilian MPs but was fiercely opposed by Major-General Lambert and other army officers as well as by republicans and religious radicals. Cromwell agonised over the decision for several months and finally declined the offer of the Crown on 8 May. A revised version of the proposal, which avoided reference to the royal title, was adopted on 25 May. Cromwell was re-installed as Lord Protector in a ceremony still reminiscent of a royal coronation on 26 June 1657.
Under the new constitution, Cromwell was to remain Lord Protector for life and could now choose his own successor. He was required to call triennial Parliaments which were to consist of two chambers: the elected House of Commons and a second chamber, or Upper House (referred to only as the "other house"), of between forty and seventy persons nominated by the Protector but approved by Parliament. The Upper House was intended to mediate between the Lower House and the Protector. It had the right to veto any legislation passed in the Lower House and was roundly condemned by republicans as too reminiscent of the old House of Lords. The Council of State was to become the Protector's privy council, consisting of 21 members chosen by the Protector and approved by Parliament.
After the Instrument of Government, the Humble Petition and Advice was England's second — and last — written constitution. It differed significantly from the Instrument in that it was drawn up by civilian parliamentarians rather than by army officers and also in that it was legally endorsed by Parliament. It remained in force throughout the remainder of the Protectorate of Oliver Cromwell and during the brief jurisdiction of his successor Richard Cromwell.
C.H. Firth, The Last Years of the Protectorate 1656-58 vol. i (London 1909)
Ronald Hutton, The British Republic 1649-60 (Basingstoke 2000)
Humble Petition and Advice 25 May 1657 version, www.constitution.org