the Lord Protector and Councell are inabled to doe 33. That O. Cromwell Captain Generall of the Forces of England Scotland and Ireland shall be and is hereby declared to be Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging for his life 34. That the Chancellor Keeper or Commissioners of the Great Seal the Treasurer Admirall chiefe Governors of Ireland and Scotland and the chiefe Justices of both the Benches shall be chosen by the approbation of Parliament and in the intervalls of Parl. by the approbation of the major part of the Councell to be afterwards approved by the Parl. 35. That the Christian Religion contained in the Scriptures be held forth recommended as the publick profession of these Nations and that as soon as may be a provision lesse subject to scruple and contention and more certain then the present be made for the encouragement and maintenance of able and painfull Teachers for instructing the people and for discovery and confutation of Error Heresie and whatever is contrary to sound Doctrine And that untill such provision be made the present maintenance shall not be taken away nor impeached 36. That to the publick profession held forth none shall be compelled by penalties or otherwise but that endeavors be used to win them by sound Doctrine and the example of a good conversation 37. That such as professe Faith in God by Jesus Christ though differing in judgement from the Doctrine worship or Discipline publickly held forth shall not be restrained from but shall be protected in the profession of the Faith and exercise of their Religion so as they abuse not this liberty to the civill injury of others and to the actuall disturbance of the â—ublick peace on their parts provided this liberty be not extended to popery nor prelacy nor to such as under the profession of Christ hold forth and practise licentiousnesse 38. That all Laws Statutes Ordinances and Clauses in any Law Statute and Ordinance to the contrary of the aforesaid Liberty shall be esteemed as null and void 39. That the Acts and ordinances of Parliament made for the sale or other disposition of the Lands Rents and Hereditaments of the late King Queen and Prince of Arch-Bishops and Bishops c. Deans and Chapters the Lands of Delinquents and Forest Lands or any of them or of any other Lands Tenements Rents and Heriditaments belonging to the Common-wealth shall no wayes be impeached or made invalid but shall remain good and firme And that the Securities given by Act and Ordinance of Parliament for any sum or sums of mony by any of the said Lands the Excise or by any other publick Revenue and also the Securities given by the publick Faith of the Nation and the engagement of the publick Faith for satisfaction of Debts and Damages shall remain firm and good and not be made voyd and invalid upon any pretence whatsoever 40. That the Articles given to or made with the Enemy and afterwards confirmed by Parliament shall be performed and made good to the persons concerned therein And that such appeals as were depending in the last Parliament for reliefe concerning Bils of sale of Delinquents Estates may be heard and determined the next Parl. any thing in this writing or otherwise to the contrary notwithstanding 41. That every successive L. Protector over these Nations shall take and subscribe a solemn Oath in the presence of the Councell such others as they shall call to them that he will seek the peace quiet and welfare of these Nations cause law and Justice equally to be administred and that he will not violate or infringe the matters and things contained in this writing and in all other things will to his power and to the best of his understanding govern these Nations according to the Laws Statutes and Customs 42. That each person of the Councel shall before they enter upon their Trust take subscribe an Oath That they will be true and faithfull to their Trust according to the best of their knowledge and that in the election of every successive Lord Protector they shall proceed therin impartially and do nothing therein for any promise fear favour or reward Aprill 25. 1654. Four Ordinances were published touching Scotland â—â—â—ting Scoctland into one Common-wealth with England St Andrews â—â—â—osse the Scots Arms be born in the Arms of this Common-wâ—â—tâ— THirty persons to be called from Scotland in every Parliament That Charls Stewart and all of the late Kings posterity be disabled to enjoy the Crown of Scotland or Name Title Stile Dignity Honors or any Possessions of any Hereditaments thereto belonging As also the Convocation of the three Estates of Scotland to be abolished That Custom and Excise of Goods be no otherwise between England and Scotland then from one place of England to another That Taxes be proportionable to England And that all Possessors of Lands after Apr. 12. 1654. shall hold their Lands of the Lords by Deed Patent or Enfeoffment to be renewed upon the death of every Heritor to his Heirs under such Rents and Services as are due by Deeds now in being without rendring any other duty service vassalage or demand whatsoever except Heritors where the same are due A Court Barron every three weeks to Judge all Contracts Debts Promises and Trespasses not exceeding 40 s. sterling July 1. 1654. The High Court of Justice met in Westminster-hall the Lord Com. Lisle sate as President their Commission was read and the Court called over by their names Mr. Atturney Gen. Prideaux Mr. Sollicitor Gen. Ellis and Mr. Serjeant Glin were Counsell for his Highnesse the Lord Protector The Lieut. of the Tower first brought Mr. Somerset Fox one of the Conspirators in the late Treason to the Bar and Mr. Atturney Gen. then presented a Charge of High Treason against him ingrossed in parchment to the Court which was read The Prisoner said very little to it but made a Confession to the Court of so much as he said he was guilty of having some few dayes before made the like confession and given it under his hand as the tru h and accordingly owned it in Court his confession under his own hand was also read which did discover what was his part to act as an Agent in this bloody designe The Court having satisfied thâ—mselves concerning Mr. Fox the Lievt of the Tower brought Mr. John Gerrard and Mr. Peter Vowell to the Bar where Fâ—x also stood and the like Charge of High Treason was read against them also which Charge consisted of these heads viz. The murdering of his Highness the Lord Protector as he should go to Hampton Court on a Saterday prefixt The seizing of all the Guards about Whitehall the Mews St. Jameses the making of themselves masters of the City of London and the Tower with all the Magazines within the same The proclaiming of Charls Stuart King chief Magistrate of England Scotland and Ireland and the
and coats of Male or Armour some one thing some another to preserve their bodies from swords entring upon them They had also two or three Coaches that brought Ammunition in which were hand Granadoes and Bottles and some little barrells of powder and bullets and other necessaries if occasion was They had also some Boats ready to attend them at the water side if occasion was for them also Thus they came with a resolution to fall upon every English Gentleman they should find in or about the Exchange and entring in with this equipage the people were exceedingly frighted For first came in the Captaine in the Buffe who led them and after him the Portugall Ambassadors brother and the Knights of Malta and so the rest all with drawn swords and in so furious a posture as if they intended to kill every body they met with that stood before them Hereupon the people fled into the shops in the Exchange to shelter themselves and all that did not so they fell upon though no man gave them the least affront yet they pistol'd and cut and wounded many Mr. Greneway a Gentleman of Grayes Inne Son to the Lady Greneway was there with his Sister and a Gentlewoman whom he was to have married who desired them two to staâ—d up in a shop where he saw them safe and they would have had him to have staid with them but he said he would onely goe see what was the matter but he was no sooner parted from them but immediately the word being given by the Portugall Captaine in Buffâ— which was Safa which was the word when they were to fall on without any affront offered towards them one of them pistol'd him and shot him in the head and he is dead of his wounds and many others tâ—ey have dangerously wounded Col. Mayo had twelve upon him at once yet drew his sword and fought with them as long as he was able to hold his sword in his hand which being cut he was forced to let his sword fall and then cut and wounded him in many places Mr. Tho Howard Mr. Carter and divers others were wounded passing by The Horse at the Muse had taken alarm before they returned and returning home passing by the Muse some of the Horse mo ing towards them some of them discharged pistols towards the Horse and the rest run home to the Ambassadours house but the Horse guards took some of them and carried them into the Muse and sent word thereof to the Lord Generall and a party of horse pursued them and beset the Ambassadors house And Commis Gen. Whalley sent into the Ambassador acquainted him with this horrible attempt and bloody murther of his Followers and shewed him his men they had taken prisoners and required the chiefe of the rest of them to be delivered in the hands of Justice which the Ambassador was loath to doe But seeing he could not baffle them to stop the course of justce in so horrible a bloody businesse as that had been he delivered up his brother and one of the Knights of Malta and some others such as they had then information was chiefe and promised to secure the rest to be forth-coming any of them when they should be demanded After which the Ambassador made his Addresse to the Lord Generall and chiefly for his brother but his Excellency told him that it did concern the publick and therefore his Addresses must be to the Parliament and Councell of State It is such a horrible businesse that his Excellency would not meddle with him in it The Portugals that are in custody are prisoners at Jameses and the businesse is under Examination before the Councell of State For his Highness the Lord Protector of the Common-wealth of England Scotland and Ireland The Declaration with the humble Addresse of the Generalls and the severall Commanders present in the Fleet by them severally subscribed THat these Nations of England Scotland and Ireland having been for some years like the Bush which burned but is not consumed And though the Nations round about us stand gazing on to see us made a desolation as well as a hissing unto them yet we are hitherto by the mighty power of the Lord and his wonderfull out-goings amongst us made rather an astonishment in our preservation then a reproach by our ruine and devastation In which great Work of the Lord we acknowledge with thankfulnesse your Highnesse hath been a glorious Instrument and hath undergone many hardships and hazard of all that was near and dear unto you even to life it selfe and understanding by providence your Highnesse is intrusted with and hath excepted of the Protection of this Common-wealth in the Government thereof We are in hopes that the Lord intends a settlement of Peace to these poor distracted Nations and that our selves with all the people of the Lord shall enjoy and partake of the same under your Highnesse Protâ—ction according to the Rule of the Lord Jesus And therefore we have thought it necessary as a duty incumbent on us to Declare that we shall willingly be obedient and faithfull to your Highness in performance of your great Trust and also in the utmost hazzard of our lives with what else is near and dear unto us be serviceable unto you in the station the Lord hath placed you against yours and the Common-wealths Enemies in our severall places and capacities during our Employments And having had good testimony of your great affection and earning bowâ—â—ls after the weale of Gods people wee are emboldned anâ—â—ncouraged in all humility to make this following Addrâ—â—â— That your â—â—â—hnesse will be pleased to have a more speciall eye of faâ—â—â—â— unto them above all others in regard they are near and dear unto him who is the Lord of Lords and King of Kings even our Lord Jesus For which cause he is ashamed to call them brethren And doe humbly apprehend that their priviledges will be your priviledge And to account of them as of your greatest Jewells which will doubtlesse turne to your great advantage And hereby you will for time to come not onely ingage their hearts unto you who in times past have not stood at a distance from you but your Highnesse will also ingage the great Jehovah your and their Father to be be a refuge shield and defence unto you as well as an everlasting rest for you when all the storms of this Common-wealth shall cease which is and shall be the unfeigned prayers of Your Highnesse most humble and faithfull Servants Signed by the Generalls and the severall Commanders present in the Fleet. Monday Dec. 12. 1653. It being moved That the sitting of this Parliament was not for the peace of the Common-wealth and that therefore it was requisite to deliver up unto the Lord Generall Cromwell the powers which they received from him and seconded by severall other Members and the Speaker with many of the Members departed to Whitehall being the greater number and did by a writing under their
hands resigne unto his Excellency their said powers Saturday Decemb. 10. 1653. The Parliament this day resumed the Debate upon the Report made this day from the Committee of Tythes which is as followes 1. That it be represented to the Parliament as the best way for ejecting ignorant prophane and scandalous Ministers That Commissioners be sent from hence into all the Counties divided into six Circuits besides London and Middlesex three Commissioners into each Circuit to joyne with four or six in every County and each riding in Yorkeshire to be as a County and that in every County the said persons or five of them two of the Commissioners sent from hence being alway present be impowred to eject all Ministers of that County that are not of good behaviour and holy in conversation or that are not apt and able to teach or in teaching hold not forth the faithfull word or be not diligent or labour not in the word and doctrine or be greedy of filthy lucre And be also impowred to settle godly and able persons to preach the Gospell in all voyd places and to unite two or three Parishes together so that none be above three miles from the publick Meeting-place 2. That it be presented to the Parliament That Dr. Arrowsmith Col. Gâ—ffe Maj. Haines Mr. John Owen Mr. Thomas Goodwyn Mr. Ben of Dâ—rchester Mr. Fairclough the elder Mr. Lockier Mr. Caryl Mr. Stephen Marshall Mr. Worthington Mr. Turner Mr. Tomes Mr. Martin Holbech Mr. Cradocke Mr. Jessey Mr. Arthur Barnidston Mr. William Greenhill Col. Campfield Mr. Dyke Mr. Stalham may be sent Commissioners by three in a circuit for ejecting and setling Ministers according to the Rules prescribed 3. That all such as are or shall be approved for publick Preachers of the Gospell in the publick meeting-places shall have and enjoy the maintenance already setled by Law and such other encouragement as the Parliament hath already appointed or hereafter shall appoint And that where any scruple payment of Tithes the three next Justices of the Peace or two of them shall upon complaints call the parties concerned before them and by the Oaths of witnesses shall duely apportion the value of the said Tithes to be paid either in money or Land by them to be set out according to the said value to be held and injoyed by him that was to have the said Tithes and in case such approved value be not duly paid or injoyed according to the Order of the said Justices the Tithes shall be paid in kind and shall be recovered in any Court of Record 4. That upon hearing and considering what hath been offered to the Committee touching propriety in Tithes of Incumbents Rectors Possessors of Donatives or propriate Tithes It is the opinon of this Committe and resolved to be reported to the Parliament that the said persons have a legall propriety in Tithes The House having spent severall dayes in debate of the whole Report and especially of the first of the four parts thereof and the Question being put That this House doth agree with the first clause of the Report it passed in the Negative Monday Decemb. 12. 1653. It being moved in the House this day That the sitting of this Parliament any longer as now constituted will not be for the good of the Common-wealth and that therefore it was requâ—sit to deliver up unto the Lord Generall Cromwell the powers which they received from him and that motion being seconded by severall other members the House rose and the Speaker with many of the members of the House departed out of the House to White-hall where they being the greater number of the members sitting in Parliament did by a writing under their hands resigne to his Excellency their said Powers and Master Speaker attended with the Members did present the same to his Excellency accordingly His Excellency the Lord Generall Cromwel and his Councell of Officers met this day at which meeting after a most excellent wise gracious and pious Speech made by his Excellency full of Religion towards God prudence towards the State and love and care towards this distracted Nation some things were transacted in order to a settlement and sweet composure the union of all that fear the Lord is much desired that so we may sit down comfortably under a safe and well grounded peace The late Parliament having upon their Dissolution delivered up the power which they received from his Excellency at their first sitting by a writing under their Hands and Seals his Excellency thereupon called a Councell of Officers and advised with other persons of intererest in the Nation how this great burden of Governing England Scotland and Ireland with the Armies therein and Navies at Sea should be born and by whom who after severall days seeking of God and advising therein it was Resolved That a Councell of godly able and discreet persons should be named consisting of twenty one And that his Excellency should be chosen Lord Protector of the three Nations And on Friday last his Excellency came down to West and was instolled Lord Protector of the three Nations the manner whereof was thus Decemb. 18. His Excellency the Lord Generall Cromwell about one of the cock in the afternoon went from White-hall to Westminster in his Coach foot Souldiers being on both sides the streets all along and in the Pallace at Westminster were many Souldiers both Horse and Foot his Excellency was attended by the Lords Commissioners of the Great Seal of England the Judges and Barons of the severall Benches in their Robes and after them the Councell of the Common-wealth And the Lord Mayor and Aldermen of the City of London in their Scarlet Gowns with the Recorder and Town-Clerk all in their Coaches who passed before his Excellency and last of all came his Excellency in a black Suit and Cloak in his Coach with his Life-Guard and divers bare before him and many of the chiefe Officers of the Army with their Cloaks and Swords and Hats on passed on foot before and about his Coach In this equipage his Excellency and Attendants came to Westminsterhall where was a Chair placed in the High Court of Chancery where being come the Lords Commissioners of the Great Seal of England stood next to the Chair the one on the one side and the other on the other side and next to the Lord Commissioner Lisle who stood on the left hand of the Chair stood his Excellency all being bare and his Excellency also on every side of the Chair in the next place stood all the Judges and Barons on both sides and the Lord Mayor Aldermen on the right side of the Court next unto the Judges and the Councell and the chief Officers of the Army on the left side of the Court. The Rules for this New Government were then read which consist of many particulars expressed in an Instrument the Instrument is large which took up above halfe an hours reading and was read by Mr. Jesop one of
the Secretaries of the Councell After which the Lord Commissioner Lisle read a Parchment in the nature of an Oath to engâ—ge his Excellency to perform on his part according to the Government before mentioned During which tâ—me his Excellency held up his hand and having beard it read accepted thereof and subscribed thereto in the face of the Court. Then the Lords Commissioners of the Great Seal and the Judges c. invited him to take possession of the Chair as Lord Protector of England Scotland and Ireland which he did and sate down with his head covered the Court continuing all bare The Lord Commissioners delivered up to his Highnesse the Purse and Seals and the Lord Mayor of London his Sword which were presently delivered to them back again by his Highnesse and then after a salute the Court rose First came the Aldermen and Councell before his Highnes from the Court to Westminster-hall Gate where the Coaches were after them the Judges then came the Commissioners of the Great Seal one of them bearing the Purse and Seals and before his Highnesse caâ—e the Life-Guard then four Serjeants of Arms with their Maces one being the Mace of the City of London the second of the Chancery the third of the Councell and the other of the Parliament born by the sword bearer of London Serjeant Middleton Serjeant Dendy and Serjeant Berkehead and the Lord Mayor of the City of London went before his Highnesse with the Sword and the Officers of the Army about his person and in the Pallace they took Coach at the Hall Gate and returned to White-hall in the same equipage they went the Lord Mayor rid bare with the Sword in the Boot of the Coach with his Highnesse and there were great Acclamations and shoutings all along the streets as they passed His Highnesse the Lord Protector being returned to Whitehall he went with his Attendants to the Banqueting House where they had an Exhortation made by Mr. Lockier Chaplain to his Highnesse which bing ended they were dimissed with three Vollies of shot by the Souldiers between four and five a clock at night Decemb. 19. 1653. His Highness the Lord Protector met with those named of his Councell in the Councell Chamber at White-hall it being the place where the Councell of State used to sit and severall things were Transacted in order to a settlement and this following Proclamation was ordered to be Printed and published on the Monday following This day this Proclamation following was published at Westminster and in the City of London by divers Serjeants at Arms with their Maces The Lord Mayor and Aldermen being present at the Exchange c. By the Councell A Proclamation WHereas the late Parliament dissolvâ—ng themselves and resigning their Powers and Authorities the Government of the Common-wealth of England Scotland and Ireland by a Lord Protector and successive Trienniall Parliaments is now established and whereas Oliver Cromwell Captain Generall of all the Forces of this Common-wealth is declared Lord Protector of the said Nations and hath accepted thereof We have therefore thought it necessary as we hereby doe to make Publication of the Premises and strictly to charge and command all and every person and persons of what quality and condition soever in any of the three Nations to take notice hereof and to conform and submit themselves to the Government so established And all Sheriffs Mayors Bailiffs and other Publick Ministers and Officers whom this may concern are required to cause this Proclamation to be forthwith published in their respective Counties Cities Corporations and Market Towns to the end none may have cause to pretend ignorance in this behaâ—fe Given at Whitehall this 16 day of Decem. 1653. December 21. 1653. His Highnesse the Lord Protector and the Councell being thirteen in number sate in the Councell Chamber at White-hall where his Highnesse in a sweet Speech to them pressed the Councell to act for God and the peace and good of the Nations and particularly recommended to them to consider and relieve the distresses of the poor and oppressed And severall things were Transacted in order to a quiet and peaceable settlement of these three Nations The Names of the Councell Mr. Lawrence the President L. Viscount Lisle Maj. Ge. Lambert Maj. G. Desbrow Maj. Ge. Skippon Col. Jones Col. Sydenham Sr Gilb. Pickering Sr Charls Wolsley Sir Anthoney Ashley-Cooper Mr. Rous. Mr. Strickland Mr. Major A Declaration for alteration of severall Names and Forms heretofore used in Courts c. OLIVER Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions thereunto belonging having the exercise of the chief Magistracy and the administration of Government within the said Common-wealth invested and established in his Highnesse assisted with a Councell who have power untill the meeting of the next Parliament which is to be on the third of September next to make Laws and Ordinances for the peace and welfare of these Nations where it shall be necassary which shall be binding and in force untill order shall be taken in Parliament concerning the same And the said Lord Protector finding it to be most necessary that some speedy and effectuall course be taken for setling the Names and Forms to be used in Patents Commissions and proceedings in Courts of Justice the said L. Protector by and with the advise consent of his said Councell and in pursuance of and according to the power and trust reposed in him and them doth declare and ordain and be it by the Authority aforesaid declared and ordained That in all Courts of Law Justice or Equity and in all Writs Grants Patents Commissions Indictments Informations Suits returns of Writs and in all Fines Recoveries Exemplifications Recognizances Proces and Proceedings of Law justice or equity within the said Common-wealth of England Scotland and Ireland and the Dominions thereto belonging instead of the Name Stile Title and Teste of the Keepers of the Liberty of England by Authority of Parliament heretofore used that from and after the 26 of Decem. 1653. the Name Stile Title and Teste of the Lord Protector for the time being of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging shall be used and no other and the date shall be in the year of our Lord and no other And that all Duties Profits Penalties Issues Fines Amercements and Forfeitures whatsoever which heretofore were sued for in the Name of the Keepers of the Liberty of England by Authority of Parliament shall from and after the said 26 of Decem. be prosecuted sued forth and recovered in the said name of the Lord Protector for the time being of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging and no other And in all or any of the proceedings aforesaid where the words were The Jurors for the Common-wealth or The Jurors for the Keepers of the Liberty of England by Authority of Parliament do say or present from and after the 26 of
Decem. it shall be The Jurors for the Lord Protector of the Common-wealth of England Scotland and Ireland c. doe say present and no other c. And it is further Ordained by the Authority aforesaid That in all Oaths to be given to any Grand or Petty Jury or to or for any Witnesses to give in Evidence to any such Jury or Juries and all other Oaths wherein the name of Keepers of the Liberty c. was wont to be used the same shall be given in the name of the Lord Protector instead of the name of the said Keepers c. any Law Usage or Custom to the contrary in any wise notwithstanding And it is lastly Ordained by the Authority aforesaid That such Forms and course of proceedings as was heretofore used in the name and time of the Keepers of the Liberty c. in Causes criminal or civil of which no alteration is made in this Ordinance shall stand and continue to be so used and observed as formerly that all Indictments Presentments Inquisitions Commissions Captions made with such Alterations Additions or Omissions as aforesaid or with such other Omissions Additions or Alterations as shall be proper and necessary for making good of Indictments Presentments Commissions Captions Inquisitions and supplying the sence and meaning thereof according to the present Government of this Common-wealth under the Lord Protector as aforesaid shall stand and be good and effectuall in Law to all intents and purposes as if the same had been particularly herein named any Law Custom or Usage to the contrary in any wise notwithstanding The Oath taken by his Highnesse Oliver Cromwell LORD PROTECTOR WHereas the major part of the last Parliament judging that their sitting any longer as then constituted would not be for the good of this Com did dâ—ssolve the same and by a writing under their hands dated the 12 day of this instant Dec. resigned unto Me their powers and Authorities And whereas it was necessary thereupon That some speedy course should be taken for the settlement of these Nations upon such a Basis and foundation as by the blessing of God might be lasting secure Property and answer those great ends of Religion and liberty so long contended for And upon full and mature consideration had of the Form of Government hereunto annexed being satisfied that the same through divine assistance may answer the ends aforementioned And having also been desired and advised as well by severall persons of Interest and Fidelity in this Common-wealth as the Officers of the Army to take upon Me the Protection and Government of these Nations in the manner expressed in the said Form of Government I have accepted thereof and do hereby declare My acceptance accordingly And do promise in the presence of God that I will not violate and infringe the matters and things contained therein but to My power observe the same and cause them to be observed And shall in all other things to the best of My understanding Govern these Nations according to the Laws Statutes and Customs seeking their Peace and causing Justice and Law to be equally administred O. CROMWEL OLIVER CROMWEL Captain Generall of all the Forces of this Common wealth and now declared Lord Protector thereof did this 16 day of Decem. 1653. sign this Writing and solemnly promise as is therein contained in presence of the Lords Commissioners of the Great Seal of Engl. who administred the same Oath and of the Lord Mayor and Alderm of the City of London divers of the Judges of the Land the Officers of State and Arâ—y and many other persons of Quality His Excellencie Oliuer Cromwell Generall of all the Foâ—der of England Scotland Ireland Chancelour of the Vniuersity of Oxford 〈◊〉 Lord Protector of Eng Scot Ire Tho Ienner fecit The Government of the Common-wealth of England Scotland and Ireland 1. THat the Supreâ—m Legislative Authority of the Common-wealth of England Scotland and Ireland and the Dominions thereunto belonging shall be and reside in One Person and the people assembled in Parliament the Stile of which person shall be Lord Protector of the Common-wealth of England Scotland and Ireland 2. That the exercise of the chiefe Magistracy and Administration of the Government over the said Countries and Dominions the people thereof shall be in the Lord Protector assigned with a Councell the number whereof shall not exceed 21 nor be lesse then 13. 3. That all Writs Proces Commissions Patents Grants and other things which now run in the name and stile of the Keepers of the Liberty of England by Authority of Parliament shall run in the Name and Stile of the Lord Protector from whom for the future shall be derived all Magistracy and Honours in these three Nations and shall have the power of Pardons eâ—cept in case of Muder and Treason and benefit of all Forfeitures 〈◊〉 â—he publick use And shall Govâ—â—◠〈…〉 â—â—tions in all tâ—â—â—gs by the 〈…〉 to these presents and the 〈…〉 4. 〈…〉 sitâ—â—â—â—â—all dispose an◠〈…〉 â—â—th by Sâ—â— and Land for the 〈◊〉 and goodliâ—â—◠〈…〉 consent of Parliament And 〈…〉 advice and consent of the maâ—â—◠〈…〉 dispose and order the Misitia for the 〈…〉 â—he Intervaâ—â—â— of Parliament 5. That the Lord Protector by the advice aforesaid shall direct in all things concerning the keeping and holding of a good correspondency with Forreign Kings Princes States and also with the consent of the major part of the Councell have the power of war and peace 6. That the Laws shall not be altered suspended abrogated or repealed nor any New Law made nor any Tax Charge or Imposition laid upon the people but by common consent in Parliament save onely as is expressed in the thirtieth Article 7. That there shall be a Parliament summoned to meet at Westminster upon the third day of Septemb. 1654. and that successively a Parliament shall be summoned once in every third year to be accounted from the dissolution of the preceding Parliament 8. That neither the Parliament to be next summoned nor any successive Parliaments shall during the time of 5 months to be accounted from the day of their first meeting be adjourned prorogued or dissolved without their own consent 9. That as well the next as all other successive Parliaments shall be summoned and elected in manner hereafter exprest That is to say the persons to be chosen within Engl Wales the Isles of Jersey and Guernsey and the Town of Berwick upon Tweed to sit and serve in Parliament shall be and not exceed the number of four hundred The persons to be chosen within Scotland to sit and serve Parliament shall be and not exceed the number of thirty And the persons to be chosen to sit in Paâ—liament for Ireland shall be and not exceed the number of thiâ—ty 10. That the persons to be Elected to sit in Parliament from time to time for the severall Counties of Engl Wales the Isles of Jersey and Guernsey and the Town
Parliament shall as often as such failer shall happen assemble and be held at Westminster in the usuall place at the times prefixt c. 21. That the Clerk called the Clerk of the Commonwealth in Chancery for the time being and all others who shall afterwards execute that Office to whom the Returns shal be made shall for the next Parliament the two succeeding Trieniall Parliaments the next day after such Return certifie the names of the several persons so returned and of the places for which he and they were chosen respectively unto the Councel who shall peruse the said Returns and examine whether the persons so Elected and Returned be such as is agreeable to the Qualifications not disabled to be Elected And that every person and persons being so duly Elected and being approved of by the major part of the Councell to be persons not disabled but qualified as aforesaid shall be esteemed a Member of Parliament and be admitted to sit in Parliament and not otherwise 22 That the persons chosen and assembled in manner aforesaid or any sixty of them shall be and be deemed the Parliament of England Scotland Ireland and the Supream Legâ—slâ—tive power to be and reside in the Lord Protector and such Parliament c. 23. That the Lord Protector with the advice of the major pa t of the Councel shall at any other time then is before exprest when the necessities of the State shall require it summon Parliaments in manner before exprest which shall not be adjourned prorogued or dissolved without their own consent during the first three months of their sitting And in case of future war with any Forreign State a Parliam shall be forthwith summoned for their advice concerning the same 24. That all Bills agreed unto by the Parliament shall be presented to the Lord Protector for his consent and in case he shall not give his consent thereto within twenty dayes after they shall be presented to him or give satisfaction to the Parliament within the time limited That then upon Declaration of the Parliament that the Lord Protector hath not consented nor given satisfaction such Bills shall passe into and become Laws although he shall not give his consent thereunto provided such Bills contain nothing in them contrary to the matters contained in these presents 25. That Phillip L. Viscount Lisle Charls Fleetwood Esq John Lambert Esq Sir Gilbert Pickering Baronet Sir Charls Woolsley Bar. Sir Anthony Ashley-Cooper Bar. Edw Montagu Esq John Desbrow Esq Walter Strickland Esq Henry Lawrence Esq William Sydenham Esq Phillip Jones Esq Rich Major Esq Francis Rous Esq Phillip Skippon Esq or any seven of them shall be a Councell for the purposes exprest in this Writing and upon the death or other removall of any of them the Parliament shall nominate six persons of Ability Integrity and fearing God for every one that is dead or removed out of which the major part of the Councell shall elect two and present them to the Lord Protector of which he shall elect one c. 26. That the Lord Protector and the major part of the Councell aforesaid may at any time before the meeting of the next Parliament add to the Councell such persons as they shall think fit provided the number of the Councell be not made thereby to exceed 21 and the Quorum to be proportioned accordingly by the Lord Protector and the major part of the Councell 27. That a constant yearly Revenue shall be raised setled and established for maintaining of ten thousand Horse and Dragoons and twenty thousand Foot in England Scotland and Ireland for the defence and security thereof and also for a convenient number of Ships for guarding of the Seas besids two hundred thousand pound per annum for defraying the other necessary Charges for administration of Justice and other expences of the Government which Revenue shall be raised by the Customs and such other wayes and means as shall be agreed upon by the Lord Protector the Councel and shall not be taken away or diminisht nor the way agreed upon for raising the same altered but by the consent of the Lord Protector and the Parliament 28. That the said yearly Revenue shall be paid into the publick Treasury shall be issued out for the uses aforesaid 29. That in case there shall not be cause hereafter to keep up so great a Defence at Land or Sea but that there be an abatement made thereof the mony which will be sav'd thereby shall remain in bank for the publick Service and not be imployed to any other use but by consent of Parliament or in the intervals of Parliament by the Lord Protector and major part of the Councell 30. That the raising of money for defraying the charge of present extraordinary Forces both at Land and Sea in respect of the present wars shall be by consent in Parliament and not otherwise Save onely that the Lord Protector with the consent of the major part of the Councell for preventing the disorders and dangers which may otherwise fall out both at Sea and Land shall have power untill the meeting of the first Parliament to raise money for the purposes aforesaid and also to make Lawes and Ordinances for the peace and welfare of these Nations where it shall be necessary which shall be binding and in force untill Order shall be taken in Parl. concerning the same 31. That the Lands Tenements Rents Royalties Jurisdictions and Hereditaments which remain yet unsold or undisposed of by Act or Ordinance of Parliament belonging to the Common-wealth except the Forrests and Chases and the Honors and Mannors belonging to the same the Lands of the Rebels in Ireland lying in the four Counties of Dublin Corke Kildare Katerlaugh the Lands forfeited by the people of Scotland in the late wars and also the Lands of Papists and Delinquents in England who have not yet compounded shall be vested in the Lord Protector to hold to him and his Successors Lord Protectors of these Nations and shall not be aliened but by consent in Parliament And all Debts Fines Issues Amerciaments penalties and profits certain and casuall due to the Keepers of the Liberties of Engl by Authority of Parliament shall be due to the Lord Protector and be payable unto his publick Receipt and shall be recovered and prosecuted in his Name 32. That the Office of the Lord Protector over these Nations shall be Elective and not Hereditary and upon the death of the Lord Protector another fit person shall be forthwith Elected to succeed him in the Government which Election shall be by the Councell c. Provided that none of the Children of the late King nor any of his Line or Family be Elected to be Lord Protector or other chief Magistrate over these Nations or any the Dominions thereto belonging And untill the aforesaid Election be past the Councell shall take care of the Government and administer in all things as fully as the Lord Protector or
Dominions thereunto belonging and other high Treasons tending to involve the Common-wealth in a new bloody war To which charge of High Treason the said Gerard and Vowel pleaded Not guilty pretending much ignorance and that they were innocent of the knowledge of any such designe and did very much presse the Court to grant them Counsell to advise withall and that they might be tried by a Jury which being not to be granted unto them and waved severall Witnesses were produced upon their Oaths to make appear what they were charged with as John Wiseman Dr. Hudson a blind man Mr. Charls Gerhard Brother to the Prisoner Capt. Dale one Mr. Wharton and others who did sufficiently prove That Mr. Gerrard was to command the party who were to murder his Highnesse the L. Protector as he was going to Hampton Court with thirty Horse and that the said Gerrard had engaged to bring 25 of the 30 and Maj. T Henshaw was to bring 5 more and it was also proved against him that he with Maj. Henshaw and the Witnesse J. Wiseman did view the severall Guards at Whitehall the Mewes and St. Jameses and had computed and designed 600 Horse as sufficient to seize and secure those Guards appointing also a party of Horse to march into Tuttle-fields as friends and so to fall upon the forces then mustering and cut them off It was also proved against him by his Brother Mr. Charles Gerrard that he was at severall meetings at his own Chamber near Essex house and at other places with Maj. Henshaw and Finch and others about this designe and particularly at Mr. Jones his House in Rose street in Covent Garden where in a Chamber Henshaw and Finch gave an account that they had each of them listed 800 men to be ready at a dayes warning severall other things were proved which he obstinately denied but confest his name was much used therein but was no intent Actor And for Mr. Vowell severall Witnesses upon their Oaths did testifie that he was at many meetings with Henshaw Finch Gerhard and other of the Plotters to contrive the management of this businesse being a person thought more fit to be a Councellor then an Actor and his reward should have been to be Master of Suttons Hospitall and it was also proved against him though he could not act himselfe yet he promised to procure those that should act and did engage one Capt. Billingsley who undertook to provide Riders for the Horses who should be taken out of Islington fields it was also proved his buying of Pistols and many other things sufficient to prove his hand deep in the businesse And for Somerset Fox he confessed so much as saved the Court much trouble in examining witnesses His part was to engage as many Apprentices and Citizens of London as he could in the businesse that so when the falling on was upon the Guards at White hall the Mewes and St. Jameses and Col. Ingeldsbies Regiment in Southwark and the rest of the Plot was in agitation there might be a rising and tumult made purposely in the City to imploy what force was there that no help might come elsewhere and the Lord Mayor was to have been seized and carried to proclaim Charls Stuart King at the Exchange and Dr. Wharton was to see him proclaimed yet notwithstanding all these witnesses Gerhard and Vowell denyed they knew of any thing of such a designe but they were not so satisfied but that a base design was intended too unworthy for a Gentleman to have his hand in as did further appear by the testimony of John Wiseman who did relate his going over into France with his brother in Law Maj. Henshaw where they met the said Mr. Gerhard at Paris and there had free accesse to the pretended King of Scots about this designe and received great encouragement in the businesse from Prince Rupert whereupon Henshaw and Wiseman returned into England and Mr. Gerhard came over about 3 weeks after to put the businesse in agitation immediately upon his arrivall the said Henshaw Finch c. repaired to his lodging near Essex house and received an account of the busines and so proceeded to act as the said Wiseman testified The Witnesses being all examined and the Prisoners heard what they could say for themselves the Attorney Gen. Solicitor Gen. and the Councell for the Commonwealth summ'd up all the Evidences and drew them into severall heads which they presented to the Court with the Prisoners at the Bar as objects of their Justice the said Gerhard and Vowell still remaining obstinate The Prisoners were commanded back to the Tower July 6. The Portugall Ambassadors Brother and the rest weâ—e againe brought to their Tryall at the Vpper Bench at Westminster and a Jury of 12 men whereof 6 Denizes and 6 Aliens Impannel'd and swore The Ambass Brother pleaded very hard his ignorance in the Lawes of England and desired Councell but that was denied and he told That the Court were of Councell equall and alike to him as to the Common-wealth and would doe according to Law and the Justice of the Cause Hereupon many Witnesses were sworn and examined and upon full hearing of the Evidence and what the Prisoners could say the Jury withdrew and in a short time returned and delivered their Verdict by their Foreman all agreeing finding them all 5 guilty of the murther and Felony for which they stood indicted whereupon Judgement was afterwards pronounced after a short speech made by the L Chief Justice Rolls in the name of the Court That they should return from whence they came and from thence be carried to the place of Execution there seveally to be hanged by the neck till they are dead The day appointed Saturday but the Prisoners moved for respite till Monday which was granted This afternoon also the High Court of Justice sat in Westminster-hall and there was brought before them Mr. Gerard Mr. Vowel and Mr. Fox who were demanded what they had more to say for themselves Gerhard and Vowell spake much to excuse themselves notwithstanding what had been proved against them after which the L. President Lisle made a learned speech to convince them of the desperate wickednesse of their designe and how fully the Charge had been proved and what punishments the Law had provided in such cases after which the Sentence of the Court was read severally to all three to this effect That upon mature consideration of the Treasons and Murthers plotted and contrived by them against his Highnesse the Lord Protector and the Common-wealth and raising a bloody war in the same the Court did adjudge them to be hanged by the neck untill they be dead Mr. Gerhard desired the Execution might be altered that he might be beheaded or shot to death and therefore petitioned to the Lord Protector About 4 in the afternoon Mr. John Gerhard was brought to the Scaffold on Tower-hill his behaviour was sprightly the substance of his discourse Cavalier-like boasting himselfe of the
profession of Religion which was established by Queen Elizabeth K. James and Charls to which family he declared his affection He acknowledged himself guilty of former sins but named them not for which he had deserved death heretofore but as touching the Crime for which he was to die he spent not many words onely he confessed that he knew of the plot At length he submitted his neck to the Executioner who at once severed the Head from the Body July 10. 1654. Don Pontaleon Sa Brother to the Portugall Ambassador and Mr. John Gerhard were both beheaded at Towerhill But a little before he lay down came the Portugal Ambassadors Brother Don Pontaleon Sa. A very observable hand of Providence that these two persons Gerhard and the Don who began that quarrell in the prosecution whereof the murther was committed at the New Exchange should meet thus to die at the same time and place for different crimes It is also to be noted that God did even mark out this Portugall for Justice for when he escaped out of Newgate at first he was immediately found out and now having by Order of the Court been remanded to the Keeper of Newgate he was very near an escape thence againe but the Lord prevented him For yesternight being Lords day at night a new plot was laid for his escaping by two women one was Mrs. Gourdon who brought another woman who under her womans apparrell had a Foot-boys suit on the womans cloths being taken off they drest up the Don in them and so he came down with Mrs. Gourdon to to the door where the Keeper narrowly prying under the hood discovered the fraud and spoyled the businesse This failing and the hour of execution next day approaching he was conveyed from Newgate to Tower hill in a Coach and six Horses in mourning having divers of of his Brothers retinue with him much lamenting his condition Being upon the Scaffold he spake somewhat to those that understood him in excuse of his offence laying the blame of the quarrell and murther upon the English So after some few private words and passages of Popish devotion with his Confessor he surrendred to him his Beads and Crucifix and his Head to the Block which was chopt off with somewhat more then a single blow The rest condemned about th t murther were reprieved all save an Irish man who was executed also this day early in the morning at Tiborn In the morning also of this day the Articles of Peace being fully concluded betwixt England and Portugall were signed by the said Ambassador and immediately thereupon he withdrew from his house out of Town It pleased his Highnesse to reprieve Somerset Fox because of his ingenuous confession but this day the other two were executed for their Treasons against his Highnes and the Commonwealth Vowel a School-master was in the morning executed upon a Gallows at Charing-Crosse and in the same place it was expected Gerhard should have suffered the same death but he had the favour granted him to loose his head Vowel spake little of the crime for which he suffered but the main of his discourse was to proclaim how great a Zelot he was to the old way of Religion and to the cause of the late King and his family wherein he let fall divers expressions tending to sedition and few of repentance for his fault touching which he would not speak out but willed the Executioner to doe his Office and so after halfe an hours hanging he was cut down and conveyed away in a Coach The form of an Indenture between the Sheriff and the Eâ—â—ctors of Person to seâ—ve in Parl. for Counties THis Indenture made the _____ day of _____ in the year of our Lord one thousand six hundred fifty and four at _____ in the County of _____ Between _____ Sheriff of the County aforesaid of the one part and C. D. E. F. G. H. and divers other persons qualified and capable to Elect Members to serve in Parliament for Counties as is prescribed in the Goverment of the Commonwealth of England Scotland and Ireland witnesseth That Proclamation having been made in every Market-Town in the County aforesaid within ten dayes after the receit of a certain Writ of the Lord Protector to the aforesaid Sheriff directed and to one part of these Indentures annexed for the Election of _____ Knights fit and discreet persons of the County aforesaid for the Parliament of the said Lord Protector in the Writ aforesaid specified to be chosen and to be at the Parliament of the said Lord Protector at Westminster in the County of Middlesex the third day of September next to be held The aforesaid C. D. E. F. G. H. c. and divers other Persons of the County aforesaid who were present at such Election freely and indifferently have chosen _____ Knights girt with Swords that is to say A. B. c. to be in the Parliament aforesaid as in the said Writ is mentioned who for themselves as also for all the People of the County aforesaid have full and sufficient power to doe and consent unto those things which in the aforesaid Parliament shall then and there by common consent and councell happen to be ordained Provided and it is hereby Declared That the persons so chosen shall not have power to alter the Government as it is now setled in one single person and a Parliament In witnesse whereof as well the Seal of the Office of the said Sheriff as also the Seals of the Electors aforesaid the day year and place abovesaid to these Indentures are put and affixed The form of an Indenture between the Sheriff and the Burgesses and Inhabitants of Burroughs THis Indenture made the _____ day of _____ in the year of our Lord one thousand six hundred fifty and four Between A. B. High Sheriff of the County of _____ of the one part and C. D. E. F. G. H. c. Burgesses and Inhabitants of the Burrough of _____ of the other part witnesseth That by vertue of a Warrant unto J K _____ of the said Burrough of _____ from the said High Sheriff to him directed for the Electing and choosing of _____ Burgesses of good understanding knowledge and discretion for Causes concerning the publick good of this Commonwealth To be at his Highnesse Parliament to be â—olden at Westminster the third day of September next we the said Burgesses and Inhabitants there have made choice and election of L. and M. to be Burgesses of the said Burrough of _____ to attend at the said Parliament according to the tennor of the said Warrant unto him the said I. K. directed in that behalfe who for themselves and people of the said Burrough have full power to doe and consent to those things which in Parliament shall happen Provided they alter not the Government from one single person and a Parliament In witnesse whereof we the parties above named to these presents interchangeably set our hands and Seals the day and year first
that they should receive no harm in their own persons After that they had taken from the Judges their Paroll they let out the prisoners some for debt as Mr. Gokin who was in for 1000 l. and others and all the Theeves and malefactors with their Irons upon them mounted those that would joyne with them and went out after they had proclaimed Charls Stewart King being about 200. And from thence went to Blanford incouraging their followers that their chiefe Leader was comming from France to head them with 10000 men for they began to be discouraged that the Country people did not rise and joyne with them as was expected so that some of them have left them among which some of them are come to Whitehall to beg pardon They went from thence towards Dorchester The chief are said to be M. Gen. Sir Joseph Wagstaffe Sir Henry More of Berkshire John Penruddock Esq Maj. Henry Clark Esq Thomas Mumparsons Lieut. Col. Boll Capt. Hugh Grove Two of the Joneses c. There are divers of them taken Col Penruddocke Col Jones Mr. John Dean And Mr. Lucas Were Executed at the appointed places on Thursday and Friday last at Salisbury and Excester being the 3 and 4 of this instant May 1655. Sir William Ingram Sir Walter Vavasor Sir Hen Slingsby and divers other Gentlemen are suspected to have had an hand in the businesse a party of horse is gone this morning to secure such as can be found Sir William Ingram is brought in already Part of the Instructions and Orders given to the Major Generalls for preserving the Peace of the Common-wealth are as followeth THey are to endeavor the suppressing all Tumults Insurrections Rebellion or other unlawfull Assemblies which shall be within the said Counties as also all Invasions from abroad and to that purpose shall have power to draw together the said Forces or Troops and march into such places as they shall judge convenient in England and Walâ—s They are to take care and give order That all Papists and others who have been in Armes against the Parliament or assisted the late King or his Son in the late Wars as also all others who are dangerous to the peace of the Nation be disarmed and their Arms secured in some adjacent Garrisons or otherwise disposed of as may be for the publick service And to the end that the Highways and Roads may be more safe for Travellers and the many Robberies and Burglaries daily commâ—tted may be prevented They with the said Captains and Officers shall use their best endeavors to find out all such Thieves Robbers Highway-men and other dangerous persons as lurk lie hid in any place within the several Counties and the houses and places which they frequent and usually lodge in and take such course for the apprehending of them and also for the prosecuting them and their Receivers as is agreeable to Law And they have hereby power to appoint such reward not exceeding ten pounds to such person as shall discover and apprehend any such Thief Highway-man or Robber to be paid unto them after the conviction of the party so discovered and apprehended which the Sheriff for the time being shall pay and which shall according to an Act of Parliament entituled An Act for the better and more effectual discovery and prosecution of Thieves Highway-men be allowed to him upon his account They are to have a strict eye upon the Conversation and carriage of all Diaffected persons within the several Counties And they shall give the like direction to all the said Captains and Officers at their Meetings to be watchfull and diligent in the same kind As also that no Horse-races Cock-fightings Bear-baitings Stage-plays or any unlawfull Assâ—mblies be suffered or permitted within their Counties Forasmuch as Treason and Rebellion is usually hatched and contrived against the State upon such occasions and much Evill and Wickednesse committed They and the aforesaid Officers shall labor to informe themselves of all such idle and loose people that are within their Counties who have no visible way of Livelihood nor calling or imployment and shall consider by what means they may be compelled to work or be sent out of the Common-wealth As also how the poor and impotent of those Counties may be imployed and better provided for then now they are and certifie the same to us and the Councell for our further Direction thereupon And in the mean time shall endeavor as far as in them lies that the Laws in such cases made and provided be put in effectuall Execution They shall in their constant Carriage and Conversation encourage and promote Godlinesse and Vertue and Dâ—scourage and Discountenance all Prophanesse and Uâ—godlinesse and shall endeavor with the other Justices of the Peace and other Ministers and Officers who are intrusted with the care of those things that the Laws against Drunkennesse Blaspheming and taking of the Name of God in vaine by swearing and cursing Plays and Interludes and prophaning the Lords day and such like wickednesse and abominations be put in more effectuall execution then they have been hetherto They shall take an exact account of what proceedings have been upon the Ordinance for Ejecting of Ignorant Insufficient and Scandalous Ministers and Schoolmasters and take care that the same be effectually put in Execution for the time to come in all the Counties aforesaid and that from time to time they give an accout to us and our Councell All those that had any way assisted the King were Decemated that is they were to pay the tenth part of their Estate to the bearing of the charges of the Army which was setled in every County throughout the Land A Perfect LIST of the Names of the Persons returned to serve in this Parl. 1656. For the severall Counties and Corporations within the Common-wealth of England Scotland and Ireland and the Dominions thereunto belonging Bedford WIlliam Butler Kt. John Harvey Richard Wagstaffe Samuel Bedford Richard Edwards Bedford Town Thomas Margets Berkes William Trumball John Southby Edmond Dunche John Dunche William Hide Abington Thomas Holt Reading Sir John Barkstead Daniel Blagrave Buckingham Lord Whitlock Sir Richard Piggot Richard Grenvile Richard Ingoldsby Richard Hamden Buckingham Town Francis Ingoldsby Alisbury Thomas Scot Chipping Wiccomb Maj. Gen. Tobias Bridge Cambridge Ely Sir Francis Russell Bar. Robert Castle Henry Pickering Robert West Vniversity Lord Richard Cromwell Cambridge Town Alderman Richard Tymbes Ely John Thurloc William Fisher Chester Sir George Booth Bar. Thomas Marbury Richard Leigh Peter Brook Chester City Edward Bradshaw Cornwall Francis Rous John St. Aubin Anthony Rous Anthony Nicholl Richard Cartar Thomas Câ—ely William Braddon Walter Moyle Launceston Thomas Gewen Truro Walter Vincent Penryn John Fox Eastlow Westlow John Buller Cumberland Maj. Gen. Charls Howard William Briscee Carlisle Scoutmaster Gen. Downing Derby John Gell Sir Samuel Sleight Thomas Saunders German Pole Derby Town Gervase Bennet Devon Sir John Northcot Bar. Sir John Young Robert Rolle Arthur Upton Thomas