The Online Library of Liberty

A project of Liberty Fund, Inc.

• Preface to the Second Edition
• Introduction
• I.: To the Meeting of the Third Parliament of Charles I. [—— 1628.]
• II.: From the Meeting of the Third Parliament of Charles I to the Meeting of the Long Parliament. [1628-1640.]
• III.: From the Meeting of the Long Parliament to the Outbreak of the Civil War. [1640-1642.]
• IV.: From the Outbreak of the Civil War to the Execution of the King. [1642-1649.]
• V.: The Commonwealth and Protectorate. [1649—1660.]
• Part I: From the Accession of Charles I to the Meeting of the Third Parliament of His Reign.
• 1.: Speech of Sir Nathaniel Rich, Proposing Terms On Which the House of Commons May Be Prepared to Grant Supply.
• 2.: Protestation of the Commons.
• 3.: Documents Relating to the Impeachment of the Duke of Buckingham.
• 4.: The Restraint of the Earls of Arundel and Bristol.
• 5.: The King’s Letter and Instructions For the Collection of a Free Gift.
• 6.: Commission For Raising Tonnage and Poundage With Impositions.
• 7.: The Commission and Instructions For Raising the Forced Loan In Middlesex.
• 8.: The Case of the Five Knights, Before the Court of King’s Bench.
• Part II: From the Meeting of the Third Parliament of Charles I. To the Meeting of the Long Parliament.
• 9.: Notes of a Bill Brought In By Sir Edward Coke to Secure the Liberties of the Subject.
• 10.: The Petition of Right.
• 11.: The Remonstrance Against Tonnage and Poundage.
• 12.: The King’s Speech At the Prorogation of Parliament At the End of the Session of 1628.
• 13.: The King’s Declaration Prefixed to the Articles of Religion.
• 14.: Resolutions On Religion Drawn By a Sub-committee of the House of Commons.
• 15.: Protestation of the House of Commons.
• 16.: The King’s Declaration Showing the Causes of the Late Dissolution.
• 17.: The Declaration of Sports 1 .
• 18.: Act of the Privy Council On the Position of the Communion Table At St. Gregory’s.
• 19.: Specimen of the First Writ of Ship-money.
• 20.: The King’s Case Laid Before the Judges, With Their Answer 2 .
• 21.: Extracts From the Speech of Oliver St. John In the Ship-money Case.
• 22.: Extracts From the Argument of Sir Robert Berkeley, Justice of the King’s Bench.
• 23.: The Scottish National Covenant.
• 24.: Petition of Twelve Peers For the Summoning of a New Parliament.
• 25.: The King’s Writ Summoning the Great Council.
• Part III: From the Meeting of the Long Parliament to the Outbreak of the Civil War.
• 26.: The Root and Branch Petition.
• 27.: The Triennial Act.
• 28.: The Protestation.
• 29.: The Act For the Attainder of the Earl of Strafford.
• 30.: The Act Against Dissolving the Long Parliament Without Its Own Consent.
• 31.: The Tonnage and Poundage Act.
• 32.: The Ten Propositions.
• 33.: Bill On Church Reform Bead Twice In the House of Lords 1 .
• 34.: The Act For the Abolition of the Court of Star Chamber.
• 35.: The Act For the Abolition of the Court of High Commission.
• 36.: Act Declaring the Illegality of Ship-money.
• 37.: Act For the Limitation of Forests.
• 38.: Act Prohibiting the Exaction of Knighthood Fines.
• 39.: Resolutions of the House of Commons On Ecclesiastical Innovations.
• 40.: Order of the House of Lords On the Services of the Church.
• 41.: Extract From the Instructions to the Committee In Scotland, Proposed By the House of Commons.
• 42.: The King’s Speech to the Recorder of the City of London.
• 43.: The Grand Remonstrance, With the Petition Accompanying It.
• 44.: The King’s Proclamation On Religion.
• 45.: The King’s Answer to the Petition Accompanying the Grand Remonstrance.
• 46.: The Impeachment of One Member of the House of Lords, and of Five Members of the House of Commons.
• 47.: A Declaration of the House of Commons Touching a Late Breach of Their Privileges.
• 48.: The Clerical Disabilities Act.
• 49.: The Impressment Act.
• 50.: The Militia Ordinance.
• 51.: The Declaration of the Houses On Church Reform.
• 52.: The King’s Proclamation Condemning the Militia Ordinance.
• 53.: The Nineteen Propositions Sent By the Two Houses of Parliament to the King At York.
• 54.: Declaration of the Houses In Defence of the Militia Ordinance.
• 55.: The King’s Letter Sent With the Commissions of Array to Leicestershire.
• 56.: The Votes of the Houses For Raising an Army.
• Part IV: From the Outbreak of the Civil War to the Execution of the King.
• 57.: The Propositions Presented to the King At the Treaty of Oxford.
• 58.: The Solemn League and Covenant.
• 60.: The Ordinance Appointing the Second Committee of Both Kingdoms.
• 61.: The Propositions of the Houses Presented to the King At Oxford, and Subsequently Discussed At the Treaty of Uxbridge.
• 62.: The King’s Propositions to Be Discussed At Uxbridge.
• 63.: The Self-denying Ordinance.
• 64.: The Negative Oath.
• 65.: Order of the Two Houses For Taking Away the Court of Wards.
• 66.: The Propositions of the Houses Sent to the King At Newcastle.
• 67.: The King’s First Answer to the Propositions Presented At Newcastle.
• 68.: The King’s Second Answer to the Propositions Presented At Newcastle.
• 69.: Suggested Answer to the Propositions Drawn Up For the King By the Leading Presbyterians and a Small Number of the Independents, and Forwarded By the French Ambassador to Cardinal Mazarin to Be Laid Before Queen Henrietta Maria.
• 70.: The King’s Third Answer to the Propositions Presented At Newcastle.
• 71.: The Heads of the Proposals Offered By the Army.
• 72.: The King’s Answer to the Propositions of Parliament.
• 73.: Letter of Charles I to the Speaker of the House of Lords.
• 74.: The Agreement of the People, As Presented to the Council of the Army.
• 75.: The Four Bills, With the Propositions Accompanying Them.
• 76.: The Engagement Between the King and the Scots.
• 77.: Additional Articles of the Engagement.
• 78.: The King’s Reply to the Four Bills and the Accompanying Propositions.
• 79.: The Vote of No Addresses.
• 80.: The Act 1 Erecting a High Court of Justice For the King’s Trial.
• 81.: The Agreement of the People.
• 82.: The Charge Against the King.
• 83.: The King’s Reasons For Declining the Jurisdiction of the High Court of Justice.
• 84.: The Sentence of the High Court of Justice Upon the King.
• 85.: The Death Warrant of Charles I.
• Part V: The Commonwealth and Protectorate
• 86.: Act Appointing a Council of State.
• 87.: Engagement Taken By the Members of the Council of State.
• 88.: The Act Abolishing the Office of King.
• 89.: An Act Abolishing the House of Lords.
• 90.: An Act Declaring England to Be a Commonwealth.
• 91.: An Act Declaring What Offences Shall Be Adjudged Treason.
• 92.: Engagement to Be Taken By All Men of the Age of Eighteen.
• 93.: Act Repealing Several Clauses In Statutes Imposing Penalties For Not Coming to Church.
• 94.: Act For the Settlement of Ireland.
• 95.: Declaration By the Lord General and the Council On the Dissolution of the Long Parliament.
• 96.: Summons to a Member of the So-called Barebones Parliament.
• 97.: The Instrument of Government.
• 98.: An Ordinance By the Protector For the Union of England and Scotland.
• 99.: An Ordinance By the Protector For Elections In Scotland.
• 100.: An Ordinance By the Protector For Elections In Ireland.
• 101.: The Constitutional Bill of the First Parliament of the Protectorate.
• 102.: The Humble Petition and Advice.
• 103.: The Additional Petition and Advice.
• 104.: The Writ Summoning Richard Cromwell to the House of Lords of the Protectorate.
• 105.: The Declaration of Breda.
• Appendix: the Navigation Act.

PART V

THE COMMONWEALTH AND PROTECTORATE

86.

Act appointing a Council of State.

Be it ordained and enacted by this present Parliament that Basil Earl of Denbigh, Edmund Earl of Mulgrave, &c., &c., or any nine of them shall be a Council of State, and have hereby power, and are authorised to put in execution the following instructions.

1. You are hereby authorised and required to oppose and suppress whomsoever shall endeavour or go about to set up or maintain the pretended title of Charles Stuart, eldest son to the late King, or any other of the said late King’s issue or claiming under him or them, or the pretended title or claim of any other single person whomsoever to the Crown of England or Ireland, dominion of Wales, or to any of the dominions or territories to them or either of them belonging.

2. You are hereby authorised and empowered to order and direct all the militias and forces both by sea and land of England and Ireland and the dominions to them or either of them belonging, preserving the peace or safety thereof, and for preventing, resisting, and suppressing all tumults and insurrections that shall happen to rise in them or either of them, or any invasions of them from abroad: and also upon any emergencies to raise and arm such forces as you shall judge necessary for the ends above expressed, and to give commissions under the seal of the Council to such officers as you shall judge necessary for the leading, conducting and commanding of the said forces, and for the prosecution and pursuance of these instructions, or of any other instructions you shall receive from the Parliament.

3. You are hereby authorised and required to use all good ways and means for the reducing of Ireland, the Isles of Jersey, Guernsey, Scilly, and the Isle of Man, and all other parts and places belonging to the Commonwealth of England not yet reduced.

4. You shall take care that the stores and magazines of all military provisions both for the land service and for the sea be from time to time well and sufficiently furnished, and that the same be issued as you shall by warrant direct: and you are also from time to time to take care of the repair of the shipping belonging to the Commonwealth of England, and to build such others as you shall judge necessary for the defence and safety thereof.

5. You are to use all good ways and means for the securing, advancement, and encouragement of the trade of England and Ireland and the dominions to them belonging, and to promote the good of all foreign plantations and factories belonging to this Commonwealth or any of the natives thereof.

6. You shall advise, order, and direct concerning the entertaining, keeping, renewing, or settling of amity and a good correspondency with foreign kingdoms and states, and for preserving the rights of the people of this nation in foreign parts, and composing of their differences there: and you are hereby authorised to send ambassadors, agents, or messengers to any foreign kingdom or state, and to receive ambassadors, agents, or messengers from them for the ends aforesaid.

7. You are to advise and consult of anything concerning the good of the Commonwealth, and report your opinion concerning the cause as you find occasion to the Parliament.

8. You are hereby authorised to send for any person or persons whatsoever to advise with them in pursuance of these or any other instructions that shall be given unto you.

9. You have hereby power and are authorised in case of danger to the Commonwealth to administer an oath to any person or persons for the discovery of the truth.

10. You are hereby authorised and empowered to send for and imprison or otherwise to secure by taking bond in recognizancy any such person or persons as shall be offenders against these or any other instructions which you shall receive from the Parliament; and all such as shall contemn or be refractory to any of your commands, directions, or orders in pursuance of the said instructions.

11. You have hereby power and are authorised to charge the public revenue by warrant under the seal of the Council with such sum or sums of money from time to time as you shall find necessary for defraying all charges of foreign negotiations, intelligence, and other incidencies, and for the salary of such subordinate officers and attendants as you shall judge fit to employ, and for the effectual carrying on of the service by those instructions committed to you, or by any other instructions hereafter to be given you from the Parliament.

12. You are also to observe and put in execution such further orders as you shall receive from time to time from the Parliament.

13. The power hereby committed to the Council of State shall continue for the space of one whole year from the day of passing hereof, unless it be otherwise ordered by the Parliament.

14. You have also hereby power to appoint committees or any person or persons for examinations, receiving of informations, and preparing of business for your debates or resolutions.

15. You are to meet at Derby House at four of the clock this afternoon, and from time to time and from place to place as you shall see cause, and in such manner as you shall think fit for the execution of your instructions.

87.

Engagement taken by the members of the Council of State.

I, A. B., being nominated a member of the Council of State by this present Parliament, do testify that I do adhere to this present Parliament, in the maintenance and defence of the public liberty and freedom of this nation, as it is now declared by this Parliament (by whose authority I am constituted a member of the said Council) and in the maintenance and defence of their resolutions concerning the settling of the government of this nation for the future in way of a Republic, without King or House of Lords; and I do promise in the sight of God that, through His grace, I will be faithful in the performance of the trust committed to me as aforesaid, and therein faithfully pursue the instructions given to the said Council by this present Parliament; and not reveal or disclose anything, in whole or in part, directly or indirectly, that shall be debated or resolved upon in the Council, without the command or direction of the Parliament, or without the order or allowance of the major part of the Council or of the major part of them that shall be present at such debates or resolutions. In confirmation of the premises I have hereto subscribed my name.

88.

The Act abolishing the office of King.

Whereas Charles Stuart, late King of England, Ireland, and the territories and dominions thereunto belonging, hath by authority derived from Parliament been and is hereby declared to be justly condemned, adjudged to die, and put to death, for many treasons, murders, and other heinous offences committed by him, by which judgment he stood, and is hereby declared to be attainted of high treason, whereby his issue and posterity, and all others pretending title under him, are become incapable of the said Crowns, or of being King or Queen of the said kingdom or dominions, or either or any of them; be it therefore enacted and ordained, and it is enacted, ordained, and declared by this present Parliament, and by authority thereof, that all the people of England and Ireland, and the dominions and territories thereunto belonging, of what degree or condition soever, are discharged of all fealty, homage, and allegiance which is or shall be pretended to be due unto any of the issue and posterity of the said late King, or any claiming under him; and that Charles Stuart, eldest son, and James called Duke of York, second son, and all other the issue and posterity of him the said late King, and all and every person and persons pretending title from, by, or under him, are and be disabled to hold or enjoy the said Crown of England and Ireland, and other the dominions thereunto belonging, or any of them; or to have the name, title, style, or dignity of King or Queen of England and Ireland, Prince of Wales, or any of them; or to have and enjoy the power and dominion of the said kingdom and dominions, or any of them, or the honors, manors, lands, tenements, possessions, and hereditaments belonging or appertaining to the said Crown of England and Ireland, and other the dominions aforesaid, or to any of them; or to the Principality of Wales, Duchy of Lancaster or Cornwall, or any or either of them, any law, statute, ordinance, usage, or custom to the contrary hereof in any wise notwithstanding.

And whereas it is and hath been found by experience, that the office of a King in this nation and Ireland, and to have the power thereof in any single person, is unnecessary, burdensome, and dangerous to the liberty, safety, and public interest of the people, and that for the most part, use hath been made of the regal power and prerogative to oppress and impoverish and enslave the subject; and that usually and naturally any one person in such power makes it his interest to incroach upon the just freedom and liberty of the people, and to promote the setting up of their own will and power above the laws, that so they might enslave these kingdoms to their own lust; be it therefore enacted and ordained by this present Parliament, and by authority of the same, that the office of a King in this nation shall not henceforth reside in or be exercised by any one single person; and that no one person whatsoever shall or may have, or hold the office, style, dignity, power, or authority of King of the said kingdoms and dominions, or any of them, or of the Prince of Wales, any law, statute, usage, or custom to the contrary thereof in any wise notwithstanding.

And it is hereby enacted, that if any person or persons shall endeavour to attempt by force of arms or otherwise, or be aiding, assisting, comforting, or abetting unto any person or persons that shall by any ways or means whatsoever endeavour or attempt the reviving or setting up again of any pretended right of the said Charles, eldest son to the said late King, James called Duke of York, or of any other the issue and posterity of the said late King, or of any person or persons claiming under him or them, to the said regal office, style, dignity, or authority, or to be Prince of Wales; or the promoting of any one person whatsoever to the name, style, dignity, power, prerogative, or authority of King of England and Ireland, and dominions aforesaid, or any of them; that then every such offence shall be deemed and adjudged high treason, and the offenders therein, their counsellors, procurers, aiders and abettors, being convicted of the said offence, or any of them, shall be deemed and adjudged traitors against the Parliament and people of England, and shall suffer, lose, and forfeit, and have such like and the same pains, forfeitures, judgments, and execution as is used in case of high treason.

And whereas by the abolition of the kingly office provided for in this Act, a most happy way is made for this nation (if God see it good) to return to its just and ancient right, of being governed by its own representatives or national meetings in council, from time to time chosen and entrusted for that purpose by the people, it is therefore resolved and declared by the Commons assembled in Parliament, that they will put a period to the sitting of this present Parliament, and dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them, and with what is absolutely necessary for the preserving and upholding the Government now settled in the way of a Commonwealth; and that they will carefully provide for the certain choosing, meeting, and sitting of the next and future representatives, with such other circumstances of freedom in choice and equality in distribution of members to be elected thereunto, as shall most conduce to the lasting freedom and good of this Commonwealth.

And it is hereby further enacted and declared, notwithstanding any thing contained in this Act, no person or persons of what condition and quality soever, within the Commonwealth of England and Ireland, dominion of Wales, the islands of Guernsey and Jersey, and town of Berwick-upon-Tweed, shall be discharged from the obedience and subjection which he and they owe to the Government of this nation, as it is now declared, but all and every of them shall in all things render and perform the same, as of right is due unto the supreme authority hereby declared to reside in this and the successive representatives of the people of this nation, and in them only.

89.

An Act abolishing the House of Lords.

The Commons of England assembled in Parliament, finding by too long experience that the House of Lords is useless and dangerous to the people of England to be continued, have thought fit to ordain and enact, and be it ordained and enacted by this present Parliament, and by the authority of the same, that from henceforth the House of Lords in Parliament shall be and is hereby wholly abolished and taken away; and that the Lords shall not from henceforth meet or sit in the said House called the Lords’ House, or in any other house or place whatsoever, as a House of Lords; nor shall sit, vote, advise, adjudge, or determine of any matter or thing whatsoever, as a House of Lords in Parliament: nevertheless it is hereby declared, that neither such Lords as have demeaned themselves with honour, courage, and fidelity to the Commonwealth, nor their posterities who shall continue so, shall be excluded from the public councils of the nation, but shall be admitted thereunto, and have their free vote in Parliament, if they shall be thereunto elected, as other persons of interest elected and qualified thereunto ought to have.

And be it further ordained and enacted by the authority aforesaid, that no Peer of this land, not being elected, qualified and sitting in Parliament as aforesaid, shall claim, have, or make use of any privilege of Parliament, either in relation to his person, quality, or estate, any law, usage, or custom to the conrtary notwithstanding.

90.

An Act declaring England to be a Commonwealth.

Be it declared and enacted by this present Parliament, and by the authority of the same, that the people of England, and of all the dominions and territories thereunto belonging, are and shall be, and are hereby constituted, made, established, and confirmed, to be a Commonwealth and Free State, and shall from henceforth be governed as a Commonwealth and Free State by the supreme authority of this nation, the representatives of the people in Parliament, and by such as they shall appoint and constitute as officers and ministers under them for the good of the people, and that without any King or House of Lords.

91.

An Act declaring what offences shall be adjudged Treason.

Whereas the Parliament hath abolished the kingly office in England and Ireland, and in the dominions and territories thereunto belonging; and having resolved and declared, that the people shall for the future be governed by its own representatives or national meetings in Council, chosen and entrusted by them for that purpose, hath settled the Government in the way of a Commonwealth and Free State, without King or House of Lords: be it enacted by this present Parliament, and by the authority of the same, that if any person shall maliciously or advisedly publish, by writing, printing, or openly declaring, that the said Government is tyrannical, usurped, or unlawful; or that the Commons in Parliament assembled are not the supreme authority of this nation; or shall plot, contrive, or endeavour to stir up, or raise force against the present Government, or for the subversion or alteration of the same, and shall declare the same by any open deed, that then every such offence shall be taken, deemed, and adjudged by authority of this Parliament to be high treason.

And whereas the Keepers of the liberty of England, and the Council of State, constituted, and to be from time to time constituted by authority of Parliament, are to be under the said representatives in Parliament, entrusted for the maintenance of the said Government, with several powers and authorities limited, given, and appointed unto them by the Parliament: be it likewise enacted by the authority aforesaid, that if any person shall maliciously and advisedly plot or endeavour the subversion of the said Keepers of the liberty of England, or the Council of State, and the same shall declare by any open deed, or shall move any person or persons for the doing thereof, or stir up the people to rise against them, or either of them, their or either of their authorities, that then every such offence and offences shall be taken, deemed, and declared to be high treason.

And whereas the Parliament, for their just and lawful defence, hath raised and levied the army and forces now under the command of Thomas Lord Fairfax, and are at present necessitated, by reason of the manifold distractions within this Commonwealth, and invasions threatened from abroad, to continue the same, which under God must be the instrumental means of preserving the well-affected people of this nation in peace and safety; be it further enacted by the authority aforesaid, that if any person, not being an officer, soldier, or member of the army, shall plot, contrive, or endeavour to stir up any mutiny in the said army, or withdraw any soldiers or officers from their obedience to their superior officers, or from the present Government as aforesaid; or shall procure, invite, aid, or assist any foreigners or strangers to invade England or Ireland; or shall adhere to any forces raised by the enemies of the Parliament or Commonwealth, or Keepers of the liberty of England; or if any person shall counterfeit the Great Seal of England, for the time being, used and appointed by authority of Parliament, that then every such offence and offences shall be taken, deemed, and declared by authority of this Parliament to be high treason, and every such persons shall suffer pains of death; and also forfeit unto the Keepers of the liberty of England, to and for the use of the Commonwealth, all and singular his and their lands, tenements and hereditaments, goods and chattels, as in case of high treason hath been used by the laws and statutes of this land to be forfeit and lost.

Provided always, that no persons shall be indicted and arraigned for any of the offences mentioned in this Act, unless such offenders shall be indicted and prosecuted for the same within one year after the offence committed.

And be it further enacted by the authority aforesaid, that if any person shall counterfeit the money of this Commonwealth, or shall bring any false money into this land, counterfeit or other, like to the money of this Commonwealth, knowing the money to be false, to merchandize or make payment, in deceit of the people of this nation; or if any person shall hereafter falsely forge and counterfeit any such kind of coin of gold or silver, as is not the proper coin of this Commonwealth, and is or shall be current within this nation, by consent of the Parliament, or such as shall be by them authorised thereunto; or shall bring from the parts beyond the seas into this Commonwealth, or into any the dominions of the same, any such false and counterfeit coin of money, being current within the same, as is abovesaid, knowing the same money to be false and counterfeit, to the intent to utter or make payment with the same within this Commonwealth, by merchandize or otherwise; or if any person shall impair, diminish, falsify, clip, wash, round or file, scale or lighten, for wicked lucre or gain’s sake, any the proper monies or coins of this Commonwealth, or the dominions thereof, or of the monies or coins of any other realm, allowed and suffered to be current within this Commonwealth, or the dominions thereof, that then all and every such offences above-mentioned, shall be and are hereby deemed and adjudged high treason, and the offenders therein, their councillors, procurers, aiders and abettors, being convicted according to the laws of this nation of any of the said offences, shall be deemed and adjudged traitors against this Commonwealth, and shall suffer and have such pains of death and forfeitures, as in case of high treason is used and ordained.

Provided always, and be it enacted by the authority aforesaid, that this Act touching the monies and coins aforesaid, or anything therein contained, nor any attainder of any person for the same, shall in any wise extend or be judged to make any corruption of blood, to any the heir or heirs of any such offender, or to make the wife of any such offender to lose or forfeit her dower, of or in any lands, tenements, or hereditaments, or her title, action, or interest in the same.

92.

Engagement to be taken by all men of the age of eighteen.

I do declare and promise, that I will be true and faithful to the Commonwealth of England, as it is now established, without a King or House of Lords.

93.

Act repealing several clauses in Statutes imposing penalties for not coming to church.

The Parliament of England taking into consideration several Acts, made in the times of former Kings and Queens of this nation, against recusants not coming to church, enjoining the use of Common Prayer, the keeping and observing of holy days, and some other particulars touching matters of religion; and finding, that by the said Act divers religious and peaceable people, well-affected to the prosperity of the Commonwealth, have not only been molested and imprisoned, but also brought into danger of abjuring their country, or in case of return, to suffer death as felons, to the great disquiet and utter ruin of such good and godly people, and to the detriment of the Commonwealth, do enact, and be it enacted by this present Parliament, and by authority of the same, that all and every the branches, clauses, articles, and provisoes expressed and contained in the ensuing Acts of Parliament; viz. in the Act of the first of Eliz. intituled, ‘An Act for uniformity of prayer, and administration of Sacraments’; and in an Act of the thirty-fifth of Eliz. intituled, ‘An Act for punishing of persons obstinately refusing to come to church, and persuading others to impugn the Queen’s authority in ecclesiastical causes’; and all and every the branches, clauses, articles, and provisoes contained in an Act of Parliament of the twenty-third of Eliz. intituled, ‘An Act for retaining the Queen’s subjects in their due obedience’; hereafter expressed, viz. ‘Be it also further enacted by the authority aforesaid, that every person above the age of sixteen years, which shall not repair to some Church, Chapel, or usual place of Common Prayer, but forbear the same, contrary to the tenor of a statute made in the first year of her Majesty’s reign, for uniformity of Common Prayer, and being thereof lawfully convicted, shall forfeit to the Queen’s Majesty for every month, after the end of this session of Parliament, which he or she shall so forbear, £20 of lawful English money; and that over and besides the said forfeitures, every person so forbearing by the space of twelve months as aforesaid, shall for his or her obstinacy, after certificate thereof in writing made into the Court, commonly called the King’s Bench, by the Ordinary of the diocese, a Justice of assize and gaol-delivery, or a Justice of Peace of the county where such offender shall dwell, be bound with two sufficient sureties, in the sum of £200 at the least, to the good behaviour, and so to continue bound until such time as the persons so bound do conform themselves and come to the church, according to the true meaning of the said statute made in the said first year of the Queen’s Majesty’s reign: and be it further enacted, that if any person or persons, body politic or corporate, after the feast of Pentecost next coming, shall keep or maintain any schoolmaster, which shall not repair to church as is aforesaid, or be allowed by the Bishop or Ordinary of the diocese where such schoolmaster shall be so kept, shall forfeit and lose for every month so keeping him, £10: provided, that no such Ordinary or their Ministers shall take anything for the said allowance: and such schoolmaster or teacher presuming to teach contrary to this Act, and being thereof lawfully convict, shall be disabled to be a teacher of youth, and shall suffer imprisonment without bail or main-prize for one year. And be it likewise enacted, that all and every offences against this Act, or against the Acts of the first, fifth, or thirteenth years of her Majesty’s reign, touching acknowledging of her Majesty’s supreme Government in causes ecclesiastical, or other matters touching the service of God or coming to church, or establishment of true religion in this realm, shall and may be enquirable as well before justices of peace, as other justices named in the same statutes, within one year and a day after every such offence committed: anything in this Act, or in any other Act to the contrary notwithstanding’; and all and every the branches, clauses, articles, and provisoes expressed and contained in any other Act or Ordinance of Parliament, whereby or wherein any penalty or punishment is imposed, or mentioned to be imposed on any person whatsoever, for not repairing to their respective parish churches, or for not keeping of holy days, or for not hearing Common Prayer, or for speaking or inveighing against the Book of Common Prayer, shall be, and are by the authority aforesaid, wholly repealed and made void.

And it is also hereby enacted and declared, that all proceedings had or made by virtue of any the clauses, branches, or articles mentioned and contained in any of the aforesaid Acts, and hereby repealed, against any such person or persons as aforesaid, shall be fully and wholly superseded, made void and null.

Provided, that this Act, nor anything therein contained, shall extend to the taking away of any Act or Ordinance made by this present Parliament, concerning the due observation of the Lord’s day, days of public thanksgiving and humiliation.

And to the end that no profane or licentious persons may take occasion by the repealing of the said laws (intended only for relief of pious and peaceably-minded people from the rigour of them) to neglect the performance of religious duties, be it further enacted by the authority aforesaid, that all and every person and persons within this Commonwealth and the territories thereof, shall (having no reasonable excuse for their absence) upon every Lord’s day, days of public thanksgiving and humiliation, diligently resort to some public place where the service and worship of God is exercised, or shall be present at some other place in the practice of some religious duty, either of prayer, preaching, reading or expounding the scriptures, or conferring upon the same.

And be it further declared by the authority aforesaid, that every person and persons that shall not diligently perform the duties aforesaid, according to the true meaning hereof (not having reasonable excuse to the contrary) shall be deemed and taken to be offenders against this law, and shall be proceeded against accordingly.

94.

Act for the Settlement of Ireland.

Whereas the Parliament of England, after the expense of much blood and treasure for suppression of the horrid rebellion in Ireland, have by the good hand of God upon their undertakings, brought that affair to such an issue, as that a total reducement and settlement of that nation may, with God’s blessing, be speedily effected, to the end therefore that the people of that nation may know that it is not the intention of the Parliament to extirpate that whole nation, but that mercy and pardon, both as to life and estate, may be extended to all husbandmen, ploughmen, labourers, artificers, and others of the inferior sort, in manner as is hereafter declared; they submitting themselves to the Parliament of the Commonwealth of England, and living peaceably and obediently under their government; and that others also of higher rank and quality may know the Parliament’s intention concerning them, according to the respective demerits and considerations under which they fall; be it enacted and declared by this present Parliament, and by the authority of the same, that all and every person and persons of the Irish nation, comprehended in any of the following qualifications, shall be liable unto the penalties and forfeitures therein mentioned and contained, or be made capable of the mercy and pardon therein extended respectively, according as is hereafter expressed and declared; that is to say,

I. That all and every person and persons, who at any time before the tenth day of November, 1642 (being the time of the sitting of the first General Assembly at Kilkenny in Ireland), have contrived, advised, counselled, promoted, or acted, the rebellion, murders, or massacres done or committed in Ireland, which began in the year 1641; or have at any time before the said tenth day of November, 1642, by bearing arms, or contributing men, arms, horse, plate, money, victual, or other furniture or hablements of war (other than such which they shall make to appear to have been taken from them by mere force and violence), aided, assisted, promoted, acted, prosecuted, or abetted the said rebellion, murders, or massacres, be excepted from pardon of life and estate.

II. That all and every Jesuit, priest, and other person or persons who have received orders from the Pope or See of Rome, or any authority derived from the same, that have any ways contrived, advised, counselled, promoted, continued, countenanced, aided, assisted, or abetted; or at any time hereafter shall any ways contrive, advise, counsel, promote, continue, countenance, aid, assist, or abet the rebellion or war in Ireland, or any the murders or massacres, robberies, or violences committed against the Protestants, English, or others there, be expected from pardon for life and estate.

III. That James Butler Earl of Ormond, James Touchet Earl of Castlehaven, Ulick Bourke Earl of Clanricarde, Christopher Plunket Earl of Fingal, James Dillon Earl of Roscommon, Richard Nugent Earl of Westmeath, Morrogh O’Brien Baron of Inchiquin, Donogh MacCarthy Viscount Muskerry, Theobald Taaffe Viscount Taaffe of Corren, Richard Butler Viscount Mountgarret, &c., &c., be excepted from pardon for life and estate.

IV. That all and every person and persons (both principals and accessories) who since the first of October, 1641, have or shall kill, slay, or otherwise destroy any person or persons in Ireland, which at the time of their being so killed, slain, or destroyed, were not publicly entertained and maintained in arms as officers or private soldiers, for and on behalf of the English against the Irish; and all and every person and persons (both principals and accessories) who since the said first day of October, 1641, have killed, slain, or otherwise destroyed any person or persons entertained and maintained as officers or private soldiers, for and on the behalf of the English against the Irish (the said persons so killing, slaying, or otherwise destroying, not being then publicly entertained and maintained in arms as officer or private soldier under the command and pay of the Irish nation against the English), be excepted from pardon for life and estate.

V. That all and every person and persons in Ireland, that are in arms or otherwise in hostility against the Parliament of the Commonwealth of England, and shall not within eight and twenty days after publication hereof by the Commissioners for the Parliament, or Commander-in-Chief, lay down arms and submit to the power and authority of the said Parliament and Commonwealth, as the same is now established, be excepted from pardon for life and estate.

VI. That all other person and persons (not being comprehended in any of the former qualifications) who have borne command in the war of Ireland against the Parliament of England, or their forces, as general, lieutenant-general, major-general, commissary-general, colonel, governor of any garrison, castle, or fort, or who have been employed as receiver-general or treasurer of the whole nation or any province thereof, commissary-general of musters or provisions; marshal-general, or marshal of any province, advocate of the army, or secretary to the Council of War, or to any general of the army, or of any the several provinces, in order to the carrying on the war against the Parliament or their forces, be banished during the pleasure of the Parliament of the Commonwealth of England, and their estates forfeited and disposed of as followeth, viz. that two-third parts of their respective estates be bad, taken, and disposed of for the use and benefit of the said Commonwealth; and that the other third part of their said respective estates or other lands, to the proportion and value thereof (to be assigned in such places in Ireland, as the Parliament, in order to the more effectual settlement of the peace of this nation, shall think fit to appoint for that purpose) be respectively had, taken, and enjoyed by the wives and children of the said persons respectively.

VII. That the Commissioners of Parliament and Commander-in-Chief have power to declare, that such person or persons as they shall judge capable of the Parliament’s mercy (not being comprehended in any of the former qualifications), who have borne arms against the Parliament of England or their forces, and have laid down arms, or within eight and twenty days after publication hereof by the Commissioners for the Parliament, and the Commander-in-Chief, shall lay down arms and submit to the power and authority of the said Parliament and Commonwealth, as the same is now established (by promising and engaging to be true to the same), shall be pardoned for their lives, but shall forfeit their estates to the said Commonwealth, to be disposed of as followeth, viz. two third parts thereof (in three equal parts to be divided) for the use, benefit, and advantage of the said Commonwealth, and the other third part of the said respective estates or other lands, to the proportion or value thereof (to be assigned in such places in Ireland, as the Parliament, in order to the more effectual settlement of the peace of that nation shall think fit to appoint for that purpose), be enjoyed by the said persons, their heirs or assigns respectively, provided, that in case the Commissioners and Commander-in-Chief, or either of them, shall see cause to give any shorter time than twenty-eight days, unto any person or persons in arms, or in any garrison, castle, or fort in hostility against the Parliament, and shall give notice to such person or persons in arms, or in any garrison, castle, or fort, that all and every such person and persons who shall not within such time as shall be set down in such notice, surrender such garrison, castle, or fort to the power of the Parliament, and lay down arms, shall have no advantage of the time formerly limited in this qualification.

VIII. That all and every person and persons of the Popish Religion, who have resided in Ireland at any time from the first day of October, 1641, to the first of March, 1650, and have not manifested their constant good affection to the interest of the Commonwealth of England (the said persons not being comprehended in any of the former qualifications), shall forfeit one third part of their estates in Ireland to the said Commonwealth, to be disposed of for the use, benefit, and advantage of the said Commonwealth; and the other two third parts of their respective estates or other lands, to the proportion or value thereof, to be assigned in such place in Ireland, as the Parliament, for the more effectual settlement of the peace of that nation, shall think fit to appoint for that purpose, be enjoyed by such person or persons, their heirs or assigns respectively: and that all other persons who have resided in Ireland within the time aforesaid, and have not been in actual service for the Parliament, or otherwise manifested their good affection to the interests of the Parliament of England, having opportunity to do the same, shall forfeit one fifth part of their estates to the use of the said Commonwealth.

IX. That all and every person and persons (having no real estate in Ireland, nor personal estate to the value of ten pounds) that shall lay down arms, and submit to the power and authority of the Parliament by the time limited in the former qualifications, and shall take and subscribe the engagement, to be true and faithful to the Commonwealth of England, as the same is now established, within such time and in such manner as the Commissioners for the Parliament and Commander-in-Chief shall appoint and direct, such persons (not being excepted from pardon, nor adjudged for banishment by any of the former qualifications) shall be pardoned for life and estate for any act or thing by them done in prosecution of the war.

X. That all estates declared by the former qualifications concerning rebels or delinquents in Ireland to be forfeited, shall be construed, adjudged, and taken, to all intents and purposes, to extend to the forfeitures of all estates tail, and also of all rights and titles thereunto, which since the five and twentieth of March, 1639, have been or shall be in such rebels or delinquents, or any other in trust for them or any of them, or their or any of their uses, with all reversions and remainders thereupon, in any other person or persons whatsoever and also to the forfeiture of all estates limited, appointed, conveyed, settled, or vested in any person or persons declared by the said qualifications to be rebels or delinquents, with all reversicns or remainders of such estates conveyed, vested, limited, declared, or appointed to any the heirs, children, or issues of such rebel or delinquent; which estate or estates, remainders, or reversions since the five and twentieth of March, 1639, have been or shall be in such rebels or delinquents, or in any their heirs, children, or issues of such rebels or delinquents, and to all estates granted, limited, appointed, or conveyed by any such rebels or delinquents, unto any their heirs, children, or issue, with all the reversions and remainders thereupon: provided, that this shall not extend to make void the estates of any English Protestants, who have constantly adhered to the Parliament, which were by them purchased for valuable consideration before the three and twentieth of October, 1641; or upon like valuable consideration mortgaged to them before that time, or to any person or persons in trust for them for satisfaction of debts owing to them.

Provided, that if any person or persons excepted by name or otherwise, comprehended in these qualifications, have been comprised within any articles granted unto them, or agreed upon between them and any commander of the Parliament’s forces thereto authorised, that such person or persons shall nevertheless enjoy the benefit of those articles, in case the Commissioners of Parliament in Ireland shall adjudge them to be comprised therein; and that they have observed and kept, and continue to observe and keep the Articles on their parts, and that nevertheless it shall be in the power of the Parliament, or their Commissioners, if they see cause, to transplant such persons from the respective places of their usual habitation or residence, into such other places within that nation, as shall be judged most consistent with public safety, allowing them such proportion of land or estate in the parts to which they shall be transplanted, as they had or should have enjoyed of their own other where, in case they had not been so removed.

95.

Declaration by the Lord General and the Council on the dissolution of the Long Parliament.

Our intention is not to give an account, at this time, of the grounds which first moved us to take up arms, and engage our lives and all that was dear unto us in this cause; nor to mind, in this declaration, the various dispensations through which Divine Providence hath led us, or the witness the Lord hath borne, and the many signal testimonies of acceptance which He hath given, to the sincere endeavours of His unworthy servants, whilst they were contesting with the many and great difficulties, as well in the wars, as other transactions in the three nations; being necessitated, for the defence of the same cause they first asserted, to have recourse unto extraordinary actions, the same being evident by former declarations published on that behalf.

After it had pleased God not only to reduce Ireland and give in Scotland, but so marvellously to appear for His people at Worcester, that these nations were reduced to a great degree of peace, and England to perfect quiet, and thereby the Parliament had opportunity to give the people the harvest of all their labour, blood, and treasure, and to settle a due liberty both in reference to civil and spiritual things, whereunto they were obliged by their duty, their engagements, as also the great and wonderful things which God hath wrought for them; it was matter of much grief to the good and well-affected of the land to observe the little progress which was made therein, who thereupon applied to the army, expecting redress by their means; notwithstanding which, the army being unwilling to meddle with the civil authority in matters so properly appertaining to it, it was agreed that his Excellency and officers of the army which were members of Parliament, should be desired to move the Parliament to proceed vigorously in reforming what was amiss in government, and to the settling of the Commonwealth upon a foundation of justice and righteousness; which having done, we hoped that the Parliament would seasonably have answered our expectation: but finding, to our grief, delays therein, we renewed our desires in an humble petition to them, which was presented in August last; and although they at that time, signifying their good acceptance thereof, returned us thanks and referred the particulars thereof to a Committee of the House, yet no considerable effect was produced, nor any such progress made, as might imply their real intentions to accomplish what was petitioned for; but, on the contrary, there more and more appeared amongst them an aversion to the things themselves, with much bitterness and opposition to the people of God, and His spirit acting in them; which grew so prevalent, that those persons of honour and integrity amongst them, who had eminently appeared for God and the public good, both before and throughout this war, were rendered of no further use in Parliament, than by meeting with a corrupt party to give them countenance to carry on their ends, and for effecting the desire they had of perpetuating themselves in the supreme government, for which purpose the said party long opposed, and frequently declared themselves against having a new representative: and when they saw themselves necessitated to take that Bill into consideration, they resolved to make use of it to recruit the House with persons of the same spirit and temper, thereby to perpetuate their own sitting; which intention divers of the activest amongst them did manifest, labouring to persuade others to a consent therein: and the better to effect this, divers petitions, preparing from several counties for the continuance of this Parliament, were encouraged, if not set on foot, by many of them.

For obviating of these evils, the officers of the Army obtained several meetings with some of the Parliament, to consider what fitting means and remedy might be applied to prevent the same: but such endeavours proving altogether ineffectual, it became most evident to the Army, as they doubt not it also is to all considering persons, that this Parliament, through the corruption of some, the jealousy of others, the non-attendance and negligence of many, would never answer those ends which God, His people, and the whole nation expected from them; but that this cause, which the Lord hath so greatly blessed and borne witness to, must needs languish under their hands, and, by degrees, be wholly lost; and the lives, liberties, and comforts of His people delivered into their enemies’ hands.

All which being sadly and seriously considered by the honest people of this nation, as well as by the Army, and wisdom and direction being sought from the Lord, it seemed to be a duty incumbent upon us, who had seen so much of the power and presence of God going along with us, to consider of some more effectual means to secure the cause which the good people of this Commonwealth had been so long engaged in, and to establish righteousness and peace in these nations.

And after much debate it was judged necessary, and agreed upon, that the supreme authority should be, by the Parliament, devolved upon known persons, men fearing God, and of approved integrity; and the government of the Commonwealth committed unto them for a time, as the most hopeful way to encourage and countenance all God’s people, reform the law, and administer justice impartially; hoping thereby the people might forget Monarchy, and, understanding their true interest in the election of successive Parliaments, may have the government settled upon a true basis, without hazard to this glorious cause, or necessitating to keep up armies for the defence of the same. And being still resolved to use all means possible to avoid extraordinary courses, we prevailed with about twenty members of Parliament to give us a conference, with whom we freely and plainly debated the necessity and justness of our proposals on that behalf; and did evidence that those, and not the Act under their consideration, would most probably bring forth something answerable to that work, the foundation whereof God Himself hath laid, and is now carrying on in the world.

The which, notwithstanding, found no acceptance; but, instead thereof, it was offered, that the way was to continue still this present Parliament, as being that from which we might reasonably expect all good things: and this being vehemently insisted upon, did much confirm us in our apprehensions, that not any love to a representative, but the making use thereof to recruit, and so perpetuate themselves, was their aim.

They being plainly dealt with about this, and told that neither the nation, the honest interest, nor we ourselves would be deluded by such dealings, they did agree to meet again the next day in the afternoon for mutual satisfaction; it being consented unto by the members present that endeavours should be used that nothing in the mean time should be done in Parliament that might exclude or frustrate the proposals before mentioned.

Notwithstanding this, the next morning the Parliament did make more haste than usual in carrying on their said Act, being helped on therein by some of the persons engaged to us the night before; none of them which were then present endeavouring to oppose the same; and being ready to put the main question for consummating the said Act, whereby our aforesaid proposals would have been rendered void, and the way of bringing them into a fair and full debate in Parliament obstructed; for preventing thereof, and all the sad and evil consequences which must, upon the grounds aforesaid, have ensued; and whereby, at one blow, the interest of all honest men and of this glorious cause had been in danger to be laid in the dust, and these nations embroiled in new troubles at a time when our enemies abroad are watching all advantages against us, and some of them actually engaged in war with us, we have been necessitated, though with much reluctancy, to put an end to this Parliament; which yet we have done, we hope, out of an honest heart, preferring this cause above our names, lives, families, or interests, how dear soever; with clear intentions and real purposes of heart, to call to the government persons of approved fidelity and honesty; believing that as no wise men will expect to gather grapes of thorns, so good men will hope, that if persons so qualified be chosen, the fruits of a just and righteous reformation, so long prayed and wished for, will, by the blessing of God, be in due time obtained, to the refreshing of all those good hearts who have been panting after those things.

Much more might have been said, if it had been our desire to justify ourselves by aspersing others, and raking into the misgovernment of affairs; but we shall conclude with this, that as we have been led by necessity and Providence to act as we have done, even beyond and above our own thoughts and desires, so we shall and do in that part of this great work which is behind, put ourselves wholly upon the Lord for a blessing; professing, we look not to stand one day without His support, much less to bring to pass any of the things mentioned and desired, without His assistance; and therefore do solemnly desire and expect that all men, as they would not provoke the Lord to their own destruction, should wait for such issue as He should bring forth, and to follow their business with peaceable spirits, wherein we promise them protection by His assistance.

And for those who profess their fear and love to the name of God, that seeing in a great measure for their sakes, and for righteousness’ sake, we have taken our lives in our hands to do these things, they would be instant with the Lord day and night on our behalfs, that we may obtain grace from Him; and seeing we have made so often mention of His name, that we may not do the least dishonour thereunto: which indeed would be our confusion, and a stain to the whole profession of Godliness.

We beseech them also to live in all humility, meekness, righteousness, and love one toward another, and towards all men, that so they may put to silence the ignorance of the foolish, who falsely accuse them, and to know that the late great and glorious dispensations, wherein the Lord hath so wonderfully appeared in bringing forth these things by the travail and blood of His children, ought to oblige them so to walk in the wisdom and love of Christ, as may cause others to honour their holy profession, because they see Christ to be in them of a truth.

We do further purpose, before it be long, more particularly to show the grounds of our proceedings, and the reasons of this late great action and change, which in this we have but hinted at.

And we do lastly declare, that all Judges, Sheriffs, Justices of the Peace, Mayors, Bailiffs, Committees, and Commissioners, and all other civil officers and public ministers whatsoever, within this Commonwealth, or any parts thereof, do proceed in their respective places and offices; and all persons whatsoever are to give obedience to them as fully as when Parliament was sitting.

Signed in the name, and by the appointment, of his Excellency the Lord General and his Council of Officers.

Will. Malyn, Secretary.

96.

Summons to a Member of the so-called Barebones Parliament.

Forasmuch as upon the dissolution of the late Parliament it became necessary that the peace, safety, and good government of this Commonwealth should be provided for; and, in order thereunto, divers persons fearing God, and of approved fidelity and honesty, are by myself, with the advice of my council of officers, nominated, to whom the great charge and trust of so weighty affairs is to be committed; and having good assurance of your love to, and courage for, God and the interest of His cause, and of the good people of this Commonwealth:

I, Oliver Cromwell, Captain-General and Commander-in-Chief of all the armies and forces raised, and to be raised, within this Commonwealth, do hereby summon and require you NA (being one of the said persons nominated) personally to be and appear at the Council-Chamber, commonly known or called by the name of the Council-Chamber at Whitehall, within the City of Westminster, upon the 4th day of July next ensuing the date hereof; then and there to take upon you the said trust unto which you are hereby called and appointed, to serve as a member for the county of NA. And hereof you are not to fail.

Given under my hand and seal the 6th day of June, 1653.

O. Cromwell.

97.

The Instrument of Government.

The government of the Commonwealth of England, Scotland, and Ireland, and the dominions thereunto belonging.

I. That the supreme legislative authority of the Commonwealth of England, Scotland, and Ireland, and the dominions thereunto belonging, shall be and reside in one person, and the people assembled in Parliament: the style of which person shall be the Lord Protector of the Commonwealth of England, Scotland, and Ireland.

II. That the exercise of the chief magistracy and the administration of the government over the said countries and dominions, and the people thereof, shall be in the Lord Protector, assisted with a council, the number whereof shall not exceed twenty-one, nor be less than thirteen.

III. That all writs, processes, commissions, patents, grants, and other things, which now run in the name and style of the keepers of the liberty of England by authority of Parliament, shall run in the name and style of the Lord Protector, from whom, for the future, shall be derived all magistracy and honours in these three nations; and have the power of pardons (except in case of murders and treason) and benefit of all forfeitures for the public use; and shall govern the said countries and dominions in all things by the advice of the council, and according to these presents and the laws.

IV. That the Lord Protector, the Parliament sitting, shall dispose and order the militia and forces, both by sea and land, for the peace and good of the three nations, by consent of Parliament; and that the Lord Protector, with the advice and consent of the major part of the council, shall dispose and order the militia for the ends aforesaid in the intervals of Parliament.

V. That the Lord Protector, by the advice aforesaid, shall direct in all things concerning the keeping and holding of a good correspondency with foreign kings, princes, and states; and also, with the consent of the major part of the council, have the power of war and peace.

VI. 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 only as is expressed in the thirtieth article.

VII. That there shall be a Parliament summoned to meet at Westminster upon the third day of September, 1654, and that successively a Parliament shall be summoned once in every third year, to be accounted from the dissolution of the present Parliament.

VIII. That neither the Parliament to be next summoned, nor any successive Parliaments, shall, during the time of five months, to be accounted from the day of their first meeting, be adjourned, prorogued, or dissolved, without their own consent.

IX. That as well the next as all other successive Parliaments shall be summoned and elected in manner hereafter expressed; that is to say, the persons to be chosen within England, Wales, the Isles of Jersey, 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 in Parliament, shall be, and not exceed, the number of thirty; and the persons to be chosen to sit in Parliament for Ireland shall be, and not exceed, the number of thirty.

X. That the persons to be elected to sit in Parliament from time to time, for the several counties of England, Wales, the Isles of Jersey and Guernsey, and the town of Berwick-upon-Tweed, and all places within the same respectively, shall be according to the proportions and numbers hereafter expressed: that is to say,

The distribution of the persons to be chosen for Scotland and Ireland, and the several counties, cities, and places therein, shall be according to such proportions and number as shall be agreed upon and declared by the Lord Protector and the major part of the council, before the sending forth writs of summons for the next Parliament.

XI. That the summons to Parliament shall be by writ under the Great Seal of England, directed to the sheriffs of the several and respective counties, with such alteration as may suit with the present government, to be made by the Lord Protector and his council, which the Chancellor, Keeper, or Commissioners of the Great Seal shall seal, issue, and send abroad by warrant from the Lord Protector. If the Lord Protector shall not give warrant for issuing of writs of summons for the next Parliament, before the first of June, 1654, or for the Triennial Parliaments, before the first day of August in every third year, to be accounted as aforesaid; that then the Chancellor, Keeper, or Commissioners of the Great Seal for the time being, shall, without any warrant or direction, within seven days after the said first day of June, 1654, seal, issue, and send abroad writs of summons (changing therein what is to be changed as aforesaid) to the several and respective Sheriffs of England, Scotland, and Ireland, for summoning the Parliament to meet at Westminster, the third day of September next; and shall likewise, within seven days after the said first day of August, in every third year, to be accounted from the dissolution of the precedent Parliament, seal, issue, and send forth abroad several writs of summons (changing therein what is to be changed) as aforesaid, for summoning the Parliament to meet at Westminster the sixth of November in that third year. That the said several and respective Sheriffs shall, within ten days after the receipt of such writ as aforesaid, cause the same to be proclaimed and published in every market-town within his county upon the market-days thereof, between twelve and three of the clock; and shall then also publish and declare the certain day of the week and month, for choosing members to serve in Parliament for the body of the said county, according to the tenor of the said writ, which shall be upon Wednesday five weeks after the date of the writ; and shall likewise declare the place where the election shall be made: for which purpose he shall appoint the most convenient place for the whole county to meet in; and shall send precepts for elections to be made in all and every city, town, borough, or place within his county, where elections are to be made by virtue of these presents, to the Mayor, Sheriff, or other head officer of such city, town, borough, or place, within three days after the receipt of such writ and writs; which the said Mayors, Sheriffs, and officers respectively are to make publication of, and of the certain day for such elections to be made in the said city, town, or place aforesaid, and to cause elections to be made accordingly.

XII. That at the day and place of elections, the Sheriff of each county, and the said Mayors, Sheriffs, Bailiffs, and other head officers within their cities, towns, boroughs, and places respectively, shall take view of the said elections, and shall make return into the chancery within twenty days after the said elections, of the persons elected by the greater number of electors, under their hands and seals, between him on the one part, and the electors on the other part; wherein shall be contained, that the persons elected shall not have power to alter the government as it is hereby settled in one single person and a Parliament.

XIII. That the Sheriff, who shall wittingly and willingly make any false return, or neglect his duty, shall incur the penalty of 2000 marks of lawful English money; the one moiety to the Lord Protector, and the other moiety to such person as will sue for the same.

XIV. That all and every person and persons, who have aided, advised, assisted, or abetted in any war against the Parliament, since the first day of January, 1641 (unless they have been since in the service of the Parliament, and given signal testimony of their good affection thereunto) shall be disabled and incapable to be elected, or to give any vote in the election of any members to serve in the next Parliament, or in the three succeeding Triennial Parliaments.

XV. That all such, who have advised, assisted, or abetted the rebellion of Ireland, shall be disabled and incapable for ever to be elected, or give any vote in the election of any member to serve in Parliament; as also all such who do or shall profess the Roman Catholic religion.

XVI. That all votes and elections given or made contrary, or not according to these qualifications, shall be null and void; and if any person, who is hereby made incapable, shall give his vote for election of members to serve in Parliament, such person shall lose and forfeit one full year’s value of his real estate, and one full third part of his personal estate; one moiety thereof to the Lord Protector, and the other moiety to him or them who shall sue for the same.

XVII. That the persons who shall be elected to serve in Parliament, shall be such (and no other than such) as are persons of known integrity, fearing God, and of good conversation, and being of the age of twenty-one years.

XVIII. That all and every person and persons seised or possessed to his own use, of any estate, real or personal, to the value of £200, and not within the aforesaid exceptions, shall be capable to elect members to serve in Parliament for counties.

XIX. That the Chancellor, Keeper, or Commissioners of the Great Seal, shall be sworn before they enter into their offices, truly and faithfully to issue forth, and send abroad, writs of summons to Parliament, at the times and in the manner before expressed: and in case of neglect or failure to issue and send abroad writs accordingly, he or they shall for every such offence be guilty of high treason, and suffer the pains and penalties thereof.

XX. That in case writs be not issued out, as is before expressed, but that there be a neglect therein, fifteen days after the time wherein the same ought to be issued out by the Chancellor, Keeper, or Commissioners of the Great Seal; that then the Parliament shall, as often as such failure shall happen, assemble and be held at Westminster, in the usual place, at the times prefixed, in manner and by the means hereafter expressed; that is to say, that the sheriffs of the several and respective counties, sheriffdoms, cities, boroughs, and places aforesaid within England, Wales, Scotland, and Ireland, the Chancellor, Masters, and Scholars of the Universities of Oxford and Cambridge, and the Mayor and Bailiffs of the borough of Berwick-upon-Tweed, and other places aforesaid respectively, shall at the several courts and places to be appointed as aforesaid, within thirty days after the said fifteen days, cause such members to be chosen for their said several and respective counties, sheriffdoms, universities, cities, boroughs, and places aforesaid, by such persons, and in such manner, as if several and respective writs of summons to Parliament under the Great Seal had issued and been awarded according to the tenor aforesaid: that if the sheriff, or other persons authorised, shall neglect his or their duty herein, that all and every such sheriff and person authorised as aforesaid, so neglecting his or their duty, shall, for every such offence, be guilty of high treason, and shall suffer the pains and penalties thereof.

XXI. 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 shall be made, shall for the next Parliament, and the two succeeding triennial Parliaments, the next day after such return, certify the names of the several persons so returned, and of the places for which he and they were chosen respectively, unto the Council; who shall peruse the said returns, and examine whether the persons so elected and returned be such as is agreeable to the qualifications, and 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 Council 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.

XXII. That the persons so chosen and assembled in manner aforesaid, or any sixty of them, shall be, and be deemed the Parliament of England, Scotland, and Ireland; and the supreme legislative power to be and reside in the Lord Protector and such Parliament, in manner herein expressed.

XXIII. That the Lord Protector, with the advice of the major part of the Council, shall at any other time than is before expressed, when the necessities of the State shall require it, summon Parliaments in manner before expressed, 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 foreign State, a Parliament shall be forthwith summoned for their advice concerning the same.

XXIV. 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 days 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 pass 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.

XXV. That Henry Lawrence, Esq., &c.1 , or any seven of them, shall be a Council for the purposes expressed in this writing; and upon the death or other removal 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 Council shall elect two, and present them to the Lord Protector, of which he shall elect one; and in case the Parliament shall not nominate within twenty days after notice given unto them thereof, the major part of the Council shall nominate three as aforesaid to the Lord Protector, who out of them shall supply the vacancy; and until this choice be made, the remaining part of the Council shall execute as fully in all things, as if their number were full. And in case of corruption, or other miscarriage in any of the Council in their trust, the Parliament shall appoint seven of their number, and the Council six, who, together with the Lord Chancellor, Lord Keeper, or Commissioners of the Great Seal for the time being, shall have power to hear and determine such corruption and miscarriage, and to award and inflict punishment, as the nature of the offence shall deserve, which punishment shall not be pardoned or remitted by the Lord Protector; and, in the interval of Parliaments, the major part of the Council, with the consent of the Lord Protector, may, for corruption or other miscarriage as aforesaid, suspend any of their number from the exercise of their trust, if they shall find it just, until the matter shall be heard and examined as aforesaid.

XXVI. That the Lord Protector and the major part of the Council aforesaid may, at any time before the meeting of the next Parliament, add to the Council such persons as they shall think fit, provided the number of the Council be not made thereby to exceed twenty-one, and the quorum to be proportioned accordingly by the Lord Protector and the major part of the Council.

XXVII. That a constant yearly revenue shall be raised, settled, and established for maintaining of 10,000 horse and dragoons, and 20,000 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; besides £200,000 per annum for defraying the other necessary charges of administration of justice, and other expenses of the Government, which revenue shall be raised by the customs, and such other ways and means as shall be agreed upon by the Lord Protector and the Council, and shall not be taken away or diminished, nor the way agreed upon for raising the same altered, but by the consent of the Lord Protector and the Parliament.

XXVIII. That the said yearly revenue shall be paid into the public treasury, and shall be issued out for the uses aforesaid.

XXIX. That in case there shall not be cause hereafter to keep up so great a defence both at land or sea, but that there be an abatement made thereof, the money which will be saved thereby shall remain in bank for the public service, and not be employed to any other use but by consent of Parliament, or, in the intervals of Parliament, by the Lord Protector and major part of the Council.

XXX. That the raising of money for defraying the charge of the present extraordinary forces, both at sea and land, in respect of the present wars, shall be by consent of Parliament, and not otherwise: save only that the Lord Protector, with the consent of the major part of the Council, for preventing the disorders and dangers which might otherwise fall out both by sea and land, shall have power, until the meeting of the first Parliament, to raise money for the purposes aforesaid; and also to make laws and ordinances for the peace and welfare of these nations where it shall be necessary, which shall be binding and in force, until order shall be taken in Parliament concerning the same.

XXXI. 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 Commonwealth (except the forests and chases, and the honours and manors belonging to the same; the lands of the rebels in Ireland, lying in the four counties of Dublin, Cork, Kildare, and Carlow; 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, Lords Protectors of these nations, and shall not be alienated but by consent in Parliament. And all debts, fines, issues, amercements, penalties and profits, certain and casual, due to the Keepers of the liberties of England by authority of Parliament, shall be due to the Lord Protector, and be payable into his public receipt, and shall be recovered and prosecuted in his name.

XXXII. That the office of 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 Council, who, immediately upon the death of the Lord Protector, shall assemble in the Chamber where they usually sit in Council; and, having given notice to all their members of the cause of their assembling, shall, being thirteen at least present, proceed to the election; and, before they depart the said Chamber, shall elect a fit person to succeed in the Government, and forthwith cause proclamation thereof to be made in all the three nations as shall be requisite; and the person that they, or the major part of them, shall elect as aforesaid, shall be, and shall be taken to be, Lord Protector over these nations of England, Scotland and Ireland, and the dominions thereto belonging. 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 until the aforesaid election be past, the Council shall take care of the Government, and administer in all things as fully as the Lord Protector, or the Lord Protector and Council are enabled to do.

XXXIII. That Oliver Cromwell, Captain-General 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.

XXXIV. That the Chancellor, Keeper or Commissioners of the Great Seal, the Treasurer, Admiral, Chief Governors of Ireland and Scotland, and the Chief Justices of both the Benches, shall be chosen by the approbation of Parliament; and, in the intervals of Parliament, by the approbation of the major part of the Council, to be afterwards approved by the Parliament.

XXXV. That the Christian religion, as contained in the Scriptures, be held forth and recommended as the public profession of these nations; and that, as soon as may be, a provision, less subject to scruple and contention, and more certain than the present, be made for the encouragement and maintenance of able and painful teachers, for the instructing the people, and for discovery and confutation of error, hereby, and whatever is contrary to sound doctrine; and until such provision be made, the present maintenance shall not be taken away or impeached.

XXXVI. That to the public profession held forth none shall be compelled by penalties or otherwise; but that endeavours be used to win them by sound doctrine and the example of a good conversation.

XXXVII. That such as profess faith in God by Jesus Christ (though differing in judgment from the doctrine, worship or discipline publicly 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 civil injury of others and to the actual disturbance of the public peace on their parts: provided this liberty be not extended to Popery or Prelacy, nor to such as, under the profession of Christ, hold forth and practise licentiousness.

XXXVIII. That all laws, statutes and ordinances, and clauses in any law, statute or ordinance to the contrary of the aforesaid liberty, shall be esteemed as null and void.

XXXIX. 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 Archbishops 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 hereditaments belonging to the Commonwealth, shall nowise be impeached or made invalid, but shall remain good and firm; and that the securities given by Act and Ordinance of Parliament for any sum or sums of money, by any of the said lands, the excise, or any other public revenue; and also the securities given by the public faith of the nation, and the engagement of the public faith for satisfaction of debts and damages, shall remain firm and good, and not be made void and invalid upon any pretence whatsoever.

XL. 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 relief concerning bills of sale of delinquents’ estates, may be heard and determined the next Parliament, any thing in this writing or otherwise to the contrary notwithstanding.

XLI. That every successive Lord Protector over these nations shall take and subscribe a solemn oath, in the presence of the Council, and such others as they shall call to them, that he will seek the peace, quiet and welfare of these nations, cause law and justice to be equally administered; 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 thereof.

XLII. That each person of the Council shall, before they enter upon their trust, take and subscribe an oath, that they will be true and faithful in their trust, according to the best of their knowledge; and that in the election of every successive Lord Protector they shall proceed therein impartially, and do nothing therein for any promise, fear, favour or reward.

98.

An Ordinance by the Protector for the Union of England and Scotland.

His Highness the Lord Protector of the Commonwealth of England, Scotland and Ireland, &c., taking into consideration how much it might conduce to the glory of God and the peace and welfare of the people in this whole island, that after all those late unhappy wars and differences, the people of Scotland should be united with the people of England into one Commonwealth and under one Government, and finding that in December, 1651, the Parliament then sitting did send Commissioners into Scotland to invite the people of that nation unto such a happy Union, who proceeded so far therein that the shires and boroughs of Scotland, by their Deputies convened at Dalkeith, and again at Edinburgh, did accept of the said Union, and assent thereunto; for the completing and perfecting of which Union, be it ordained, and it is ordained by his Highness the Lord Protector of the Commonwealth of England, Scotland and Ireland, and the dominions thereto belonging, by and with the advice and consent of his Council, that all the people of Scotland, and of the Isles of Orkney and Shetland, and of all the dominions and territories belonging unto Scotland, are and shall be, and are hereby incorporated into, constituted, established, declared and confirmed one Commonwealth with England; and in every Parliament to be held successively for the said Commonwealth, thirty persons shall be called from and serve for Scotland.

And for the more effectual preservation of this Union, and the freedom and safety of the people of this Commonwealth so united, be it ordained, and it is ordained by the authority aforesaid, that all the people of Scotland and of the Isles of Orkney and Shetland, and of all the dominions and territories belonging unto Scotland, of what degree or condition soever, be discharged of all fealty, homage, service and allegiance, which is or shall be pretended due unto any of the issue and posterity of Charles Stuart, late King of England and Scotland, or any claiming under him; and that Charles Stuart, eldest son, and James, called Duke of York, second son, and all other the issue and posterity of the said late King, and all and every person and persons pretending title from, by or under him, are and be disabled to hold or enjoy the Crown of Scotland and other the dominions thereunto belonging, or any of them; or to have the name, title, style or dignity of King or Queen of Scotland; or to have and enjoy the power and dominion of the said kingdom and dominions, or any of them, or the honours, manors, lands, tenements, possessions and hereditaments belonging or appertaining to the said Crown of Scotland, or other the dominions aforesaid, or to any of them, any law, statute, usage, ordinance or custom in Scotland to the contrary hereof in any wise notwithstanding.

And it is further ordained by the authority aforesaid, that the said office, style, dignity, power and authority of King of Scotland, and all right of the three Estates of Scotland to convocate or assemble in any general Convocation or Parliament, and all conventional and Parliamentary authority in Scotland, as formerly established, and all laws, usages and customs, ordaining, constituting or confirming the same, shall be and are hereby and from henceforth abolished and utterly taken away and made null and void.

And that this Union may take its more full effect and intent, be it further ordained by the authority aforesaid, that the Arms of Scotland, viz. a cross, commonly called St. Andrew’s Cross, be received into and borne, from henceforth in the Arms of this Commonwealth, as a badge of this Union; and that all the public seals, seals of office, and seals of bodies civil or corporate, in Scotland, which heretofore carried the Arms of the Kings of Scotland, shall from henceforth instead thereof carry the Arms of this Commonwealth.

And be it further ordained by the authority aforesaid, that all customs, excise and other imposts for goods transported from England to Scotland, and from Scotland to England, by sea or land, are and shall be so far taken off and discharged, as that all goods for the future shall pass as free, and with like privileges and with the like charges and burdens from England to Scotland, and from Scotland to England, as goods passing from port to port, or place to place in England; and that all goods shall and may pass between Scotland and any other part of this Commonwealth or dominions thereof, with the like privileges, freedom, charges and burdens as such goods do or shall pass between England and the said parts and dominions thereof, any law, statute, usage or custom to the contrary thereof in any wise notwithstanding, and that all goods prohibited by any law now in force in England to be transported out of England to any foreign parts, or imported, shall be and hereby are prohibited to be transported or imported by the same law, and upon the same penalties, out of Scotland to any foreign parts aforesaid, or from any foreign parts into Scotland.

And be it further ordained by the authority aforesaid, that all cesses, public impositions and taxations whatsoever, be imposed, taxed and levied from henceforth proportionably from the whole people of this Commonwealth so united.

And further, to the end that all dominion of tenures and superiorities importing servitude and vassalage may likewise be abolished in Scotland, be it further declared and ordained by the authority aforesaid, that all heritors, proprietors and possessors of lands in Scotland, or the dominions thereunto belonging, and their heirs, shall from and after the 12th day of April, in the year of our Lord 1654, hold their respective lands of the respective lord and lords by deed, charter, patent or enfeoffment, to be renewed upon the death of every heritor, proprietor or possessor (as now they do) to his heir or heirs, by and under such yearly rents, boons and annual services as are mentioned or due by any deeds, patents, charters or enfeoffments now in being, of the respective lands therein expressed, or by virtue thereof enjoyed without rendering, doing or performing any other duty, service, vassalage or demand whatsoever, by reason or occasion of the said lands, or any the clauses or covenants in the said deeds, charters, patents or enfeoffments contained, saving what is hereafter, herein and hereby particularly expressed and declared; that is to say, heriots, where the same are due, fines (certain where the same is already certain, and where the fine is uncertain, reasonable fines) upon the death of the lord, and upon the death or alienation of the tenant, or any of them, where the same have usually been paid, which said fine (not being already certain) shall not at any time exceed one year’s value of the lands, and also doing suit and service to such Court and Courts Baron, as shall be constituted in Scotland, in such manner as is ordained by one other Ordinance, entitled, an Ordinance for erecting Courts Baron in Scotland.

And be it ordained by the authority aforesaid, that all and every the heritors, proprietors and possessors aforesaid, and their heirs, are and shall be from henceforth for ever discharged of all fealty, homage, vassalage and servitude, which is or shall be pretended due from them, or any of them, unto any their lords or superiors whatsoever, claiming dominion or jurisdiction over them, by virtue of the said patents, charters, deeds or enfeoffments, and other rights thereof, or of any clauses or conditions therein contained, other than is before declared and ordained. And that all the said superiorities, lordships and jurisdictions (other than as aforesaid) shall be, and are hereby abolished, taken off and discharged; and that all and every the said deeds, patents, charters and enfeoffments in that behalf be, and are hereby declared, and made so far void and null; and particularly, that all and every the heritors, and others the persons aforesaid, and their heirs, are and shall be for ever hereafter freed and discharged of, and from all suits, and appearing at or in any their lords’ or superiors’ courts of justiciary, regality, stuartry, barony, bailiary, heritable sheriffship, heritable admiralty, all which, together with all other offices heritable, or for life, are hereby abolished and taken away; and that all and every the heritors and persons aforesaid, and their heirs, are and shall be for ever hereafter freed and discharged of and from all military service, and personal attendance upon any their lords or superiors in expeditions or travels, and of all casualties of wards’ lands formerly held of the King, or other superiors, and of the marriage, single and double avail thereof, non-entries, compositions for entries, and of all rights and casualties payable, if they be demanded, only or upon the committing of any clauses irritant. And that the said heritors and persons aforesaid be now, and from henceforth, construed, reputed, adjudged and declared free and acquitted thereof, and of and from all and all manner of holding suits, duties, services, personal or real, and demands whatsoever (other than is before declared and ordained), notwithstanding the present tenor of any their deeds, patents, enfeoffments, or any clauses, articles or covenants therein contained or mentioned to the contrary in any wise; and that in time to come all and every clause, covenant, article, condition, or thing to the contrary hereof, shall be omitted out of all such deeds, patents, charters and enfeoffments.

And be it further ordained, that all forfeitures, escheats, simple, or of life, rent bastardy, and last heir, which heretofore escheated, forfeited and fell to the King, lords of regality, or other superiors, shall from henceforth fall, escheat, and forfeit to the Lord Protector of the Commonwealth for the time being.

Passed 12th April, 1654. Confirmed Anno 1656, Cap. 10.

99.

An Ordinance by the Protector for Elections in Scotland.

Whereas by the Government of the Commonwealth of England, Scotland and Ireland, publicly declared at Westminster, the 16th day of December, 1653:

It is declared, that the distribution of the persons to be chosen for Scotland, and the several counties, cities and places within the same, shall be according to such proportions and numbers as shall be agreed upon and declared by the Lord Protector, and the major part of the Council, before the sending forth writs of summons for the next Parliament. And whereas his Highness and the major part of the Council, before the sending forth of any writs of summons aforesaid, did agree and declare the distribution of the persons to be chosen for Scotland, according to the proportions and numbers hereafter mentioned; it is therefore ordained, declared and agreed by his Highness the Lord Protector, with the consent of the Council, that the persons to be chosen for Scotland, and the several counties, cities and places within the same, shall be according to the proportions and numbers hereafter expressed; that is to say, for the shires of Orkney, Shetland and Caithness, one, and the place of meeting for the election of such person shall be at Caithness; for the shires of Sutherland, Ross and Cromarty, one, and the place of meeting for the election of such person shall be at Ross; for the shire of Inverness, one, and the place of meeting for the election of such person shall be in the same shire; for the shires of Elgin and Nairn, one, and the place of meeting for the election of such person shall be at Elgin; for the shire of Banff, one, and the place of meeting for the election of such person shall be in the same shire; for the shire of Aberdeen, one, and the place of meeting for the election of such person shall be in the same shire; for the shires of Kincardine and Forfar, one, and the place of meeting for the election of such person shall be at Forfar; for the shires of Fife and Kinross, one, and the place of meeting for the election of such person shall be at Fife; for the shire of Perth, one, and the place of meeting for the election of such person shall be in the same shire; for the shires of Linlithgow, Stirling, and Clackmannan, one, and the place of meeting for the election of such person shall be at Stirling; for the shires of Dumbarton, Argyle, and Bute, one, and the place of meeting for the election of such person shall be at Dumbarton; for the shires of Ayr and Renfrew, one, and the place of meeting for the election of such person shall be in Ayrshire; for the shire of Lanark, one, and the place of meeting for the election of such person shall be in the same shire; for the shire of Mid-Lothian, one, and the place of meeting for the election of such person shall be in the same shire; for the shire of the Merse, one, and the place of meeting for the election of such person shall be in the same shire; for the shire of Roxburgh, one, and the place of meeting for the election of such person shall be in the same shire; for the shires of Selkirk and Peebles, one, and the place of meeting for the election of such person shall be at Peebles; for the shire of Dumfries, one, and the place of meeting for the election of such person shall be in the same shire; for the shire of Wigton, one, and the place of meeting for the election of such person shall be in the same shire; for the shire of East-Lothian, one, and the place of meeting for the election of such person shall be in the same shire; and for the boroughs of Dornoch, Tain, Inverness, Dingwall, Nairn, Elgin, and Fortrose, one, and the place of meeting for the election of such person shall be at Inverness; for the boroughs of Banff, Cullen, and Aberdeen, one, and the place of meeting for the election of such person shall be at Aberdeen; for the boroughs of Forfar, Dundee, Arbroath, Montrose, and Brechin, one, and the place of meeting for the election of such person shall be at Dundee; for the boroughs of Linlithgow, Queensferry, Perth, Culross, and Stirling, one, and the place of meeting for the election of such person shall be at Stirling; for the boroughs of St. Andrews, Dysart, Kirkcaldy, Cupar, Anstruther East, Pittenween, Crail, Dunfermline, Kinghorn, Anstruther West, Inverkeithing, Kilrenny, and Burnt Island, one, and the place of meeting for the election of such person shall be at Cupar in Fife; for the boroughs of Edinburgh, two; for the boroughs of Lanark, Glasgow, Rutherglen, Rothesay, Renfrew, Ayr, Irvine and Dumbarton, one, and the place of meeting for the election of such person shall be at Glasgow; for the boroughs of Dumfries, Sinclair, Lochmaben, Annandale, Wigton, Kirkcudbright, Whithorn, and Galloway, one, and the place of meeting for the election of such person shall be at Dumfries; for the boroughs of Peebles, Selkirk, Jedburgh, Lauder, N. Berwick, Dunbar, and Haddington, one, and the place of meeting for the election of such person shall be at Lauder. And it is further ordained by his said Highness the Lord Protector, with the consent of the Council, that for the effectual and orderly election of the persons aforesaid to be chosen to sit and serve in Parliament, as in the said Government is declared, several writs under the Great Seal of England shall issue, and be directed to the several and respective Sheriffs of the several and respective shires, wherein the respective elections are to be made of the respective persons to serve in Parliament for the respective shires, and to the respective Sheriffs of the county where the elections for the boroughs are hereby appointed to be made according to the distribution aforesaid; and that the respective Sheriffs to whom such writs shall be directed, are hereby authorised and impowered to make or cause proclamation to be made of such writ in all the counties, boroughs, and places respectively, for the making such election and elections, and to issue his warrant to the chief officer of the place, where such election for boroughs is to be made, notwithstanding the same be not within the shire whereof such person is Sheriff, and to cause the elections to be made accordingly; which writs the Chancellor, Keeper, or Commissioners of the Great Seal of England, for the time being, shall seal, issue and send forth.

Tuesday, June 27th, 1654.

Ordered by his Highness the Lord Protector and his Council, that this Ordinance be forthwith printed and published.

Henry Scobell,

Clerk of the Council.

100.

An Ordinance by the Protector for Elections in Ireland.

Whereas by the Government of the Commonwealth of England, Scotland and Ireland, publicly declared at Westminster the 16th day of December, 1653, it is declared, that the distribution of the persons to be chosen for Ireland, and the several counties, cities and places within the same, shall be according to such proportions and number as shall be agreed upon and declared by the Lord Protector and the major part of the Council, before the sending forth writs of summons for the next Parliament: And whereas his Highness and the major part of the Council, before the sending forth of any writs of summons aforesaid, did agree and declare the distribution of the persons to be chosen for Ireland, according to the proportions and numbers hereafter mentioned; it is therefore ordained, declared and agreed by his Highness the Lord Protector, with the consent of the Council, that the persons to be chosen for Ireland, and the several counties, cities and places within the same, shall be according to the proportion and number hereafter expressed; that is to say, for the province of Leinster, ten; that is to say, for the counties of Meath and Louth, two; and the place of meeting for the election of such persons shall be at Drogheda. For the counties of Kildare and Wicklow, two; for the county and city of Dublin, two; and the place of meeting for the election of such persons shall be at Dublin. For the counties of Carlow, Wexford, Kilkenny and Queen’s, two; and the place of meeting for the election of such persons shall be at Carlow. For the counties of Westmeath, Longford and King’s, two; and the place of meeting for the election of such persons shall be at Mullingar. For the province of Ulster, seven, that is to say, for the counties of Down, Antrim and Armagh, two; for the towns of Carrickfergus and Belfast, one; and the place of meeting for the election of such persons shall be at Belfast. For the counties of Derry, Donegal and Tyrone, two; for the towns of Derry and Coleraine, one; and the place of meeting for the election of such persons shall be at Derry. For the counties of Cavan, Fermanagh and Monaghan, one; and the place of meeting for the election of such persons shall be at Enniskillen. For the province of Munster, nine; that is to say, for the counties of Kerry, Limerick and Clare, two; and the place of meeting for the election of such persons shall be at Rathkeale. For the city and county of the city of Limerick and Killmallock, one; and the place of meeting for the election of such persons shall be at Limerick. For the county of Cork, one; for the towns of Cork and Youghall, one; and the place of meeting for the election of such persons shall be at Cork. For the towns of Bandon and Kinsale, one; and the place of meeting for the election of such persons shall be at Bandon. For the counties of Waterford and Tipperary, two; and the place of meeting for the election of such persons shall be at Clonmel. For the cities of Waterford and Clonmel, one; and the place of meeting for the election of such persons shall be at Waterford. For the province of Connaught, except the county of Clare, four; that is to say, for the counties of Sligo, Roscommon and Leitrim, two; and the place of meeting for the election of such persons shall be at Jamestown. For the counties of Galway and Mayo, two; and the place of meeting for the election of such persons shall be at Galway.

And it is further ordained by his said Highness the Lord Protector, with the consent of the Council aforesaid, that for the effectual and orderly election of the persons aforesaid, to be chosen to sit and serve in Parliament, as in the said Government is declared, several writs under the Great Seal of England shall issue, and be directed to the several Sheriffs of the aforesaid counties and cities, to make the respective elections of the respective persons to serve in Parliament, for the said respective counties, cities, towns and boroughs, according to the distributions hereinbefore declared; which writs the Chancellor, Keeper, or Commissioners of the Great Seal of England for the time being shall seal, issue and send forth.

Hen. Scobell,

Clerk of the Council.

Tuesday, 27th June, 1654.

Ordered by his Highness the Lord Protector and the Council, that this Ordinance be forthwith printed and published.

Hen. Scobell,

Clerk of the Council.

101.

The Constitutional Bill of the First Parliament of the Protectorate.

Be it enacted and declared by His Highness the Lord Protector and the Parliament of the Commonwealth of England, Scotland, and Ireland, and the dominions thereto belonging; and it is hereby enacted and declared by the authority aforesaid, that the supreme legislative authority1 of the Commonwealth of England, Scotland, and Ireland, and the dominions thereto belonging, is and shall reside in one person and the people assembled in Parliament in manner following, that is to say, All Bills agreed unto by the Parliament shall be presented to the said single person for his consent, and, in case he shall not give his consent thereunto within twenty days after they shall be presented unto him, or give satisfaction to the Parliament within the time limited, that then such Bills shall pass into and become law, although he shall not consent thereunto; provided such Bills contain nothing in them contrary to such matters wherein the single person is hereby declared to have a negative.

That if any Bill be tendered at any time hereafter to alter the foundation and constitution of the government of this Commonwealth from a single person and a Parliament as aforesaid, that to such Bills the single person is hereby declared shall have a negative.

That the style of such single person is and shall be Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the dominions thereunto belonging.

That the office of the Lord Protector over these nations shall be elective and not hereditary.

That the manner of electing the Protector, in the vacancy of a Protector (sitting the Parliament), shall be such as the Parliament shall think fit.

That the Protector dying in the intervals of Parliament, the Council, hereby to be constituted, shall immediately assemble in some convenient place, and having given notice to all their number, or to as many of them as conveniently they may, of the cause and time of their assembling, shall (being thirteen at least present) proceed to the election, and eleven of these or more shall agree who shall be the succeeding Protector, and before they depart shall declare such person so agreed upon to succeed in the government: the manner of election in all other things to be as the Council shall think fit.

That the person so to be elected Protector shall be such and no other than as, by his good conversation amongst the people of these nations, shall manifest himself to be a man of ability, truth, and courage, fearing God and hating covetousness: provided that he shall not be under the age of five-and-twenty years, no alien, nor Papist, nor any of the children of the late King Charles, nor such as shall have or may pretend to have title of inheritance unto the supreme government of these nations of England, Scotland, and Ireland; or any of them, or any other title than by election as aforesaid.

That the present Lord Protector shall take and subscribe a solemn oath for the due calling of Parliaments, and the good government of these nations, and every future Lord Protector, immediately after his election, and before he enter upon the government, shall taken and subscribe the same solemn oath for the due calling of Parliament, and the good government of these nations; that such oath shall be taken in Parliament, if the Parliament be then sitting, and in the intervals of Parliament in such public place and manner as the Council shall appoint.

That this shall be the oath to be ministered to the Lord Protector, viz.: ‘I do, in the presence and by the name of God Almighty, promise and swear that to the uttermost of my power, I will uphold and maintain the true reformed Protestant Christian religion in the purity thereof, as it is contained in the Holy Scriptures of the Old and New Testament, and encourage the profession and professors of the same; and will duly cause Parliaments to be summoned and called; and that I will not wittingly or willingly violate nor infringe the liberties and privileges of Parliament, or any of the matters or things contained in the Act of Parliament declaring and settling the government of the Commonwealth of England, Scotland, and Ireland; and will in all things, to the best of my understanding, govern according to the laws, statutes, customs, and liberties of the people of these nations; and will seek their peace and welfare according to those laws, customs, and liberties; and cause justice and law to be equally and duly administered.’

That immediately after the death of every Lord Protector, and after the election of a succeeding Lord Protector, a Parliament be summoned to meet, if a Parliament be not then sitting, or not to meet within four months by force of this Act, or not then already summoned.

That the exercise of the Chief Magistracy over this Commonwealth and the people thereof shall be in the Lord Protector assisted with the Council, the exercise of which power shall be according to the respective laws and customs of these nations of England, Scotland, and Ireland, and the dominions thereunto belonging.

That after the death of any Lord Protector, and until the next Lord Protector shall be elected and sworn, the Council shall take care of the government and administer in all things as fully as the Lord Protector or the Lord Protector and Council are enabled to do.

That no writ of summons to any Parliament or any other writ, process, patents, commissions, nor any proceedings in law or justice shall be discontinued or made void by the death of any Lord Protector.

That all writs, process, patents, commissions, and proceedings in law or justice, issuing forth or being after any succeeding Lord Protector shall be elected and sworn, shall issue forth and be in the name of such Lord Protector, and are hereby declared to be of full force in law to all intents and purposes; and that all former writs, process, patents, commissions, offices, and officers, shall continue and be in full force as they should have been in if the said Lord Protector had been still living.

That all writs, process, commissions, patents, grants, and other things which heretofore did or might lawfully have passed or issued in the name or style of the Keepers of the Liberties of England by authority of Parliament, shall pass and issue in the name of the Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the dominions thereunto belonging.

That such titles of honour as shall be hereafter conferred in this Commonwealth, shall be derived from the Lord Protector: and that no title of honour hereafter to be conferred by the said Protector shall be hereditary without consent in Parliament.

That it shall not be in the power of the said Lord Protector to pardon murder.

That it shall not be in the power of the said Lord Protector to pardon treason.

That the Lord Protector with the consent of the Council shall have power of pardon, except in case of murder and treason; provided that no pardon extend to exempt any Councillors of State, Judges, Officers, or other Ministers of State from being questioned or sentenced in Parliament for any maladministration or corruption in his office or employment, or for any sentence or judgment agreed upon in Parliament, or any execution thereof, nor shall extend to pardon any person for any breach of privilege of Parliament, nor any other sentence or judgment thereupon.

That Oliver Cromwell, Captain-General of the forces of England, Scotland and Ireland, is, and shall be, Lord Protector of the Commonwealth of England, Scotland and Ireland, and the dominions thereunto belonging for his life.

That a constant yearly revenue of £200,000 by the year be settled and stablished upon the now Lord Protector, and the succeeding Lords Protectors, for the time being respectively, for defraying the necessary charges for administration of justice, and other expenses of the government, and for the support of his and their state and dignity as may be for the honour of this Commonwealth of England, Scotland, and Ireland: and that the said £200,000 by the year be constantly paid out of the public receipt of the Exchequer by warrant of the Lord Protector and the Council, and shall not be taken away nor diminished without the consent of the Lord Protector and the Parliament.

That Whitehall, St. James’ House and Park, the Mews, Somerset House, Greenwich House and Park, Hampton Court, and the Honour and Manor of Hampton Court, with the parks and grounds thereunto belonging, Windsor Castle, the little park there, and other the lands thereunto now belonging, and the house called the Manor near the city of York, with their and every of their appurtenances now unsold and undisposed of, be vested in the present Lord Protector, for the maintenance of his and their state and dignity, and shall not be aliened but by consent in Parliament.

That a Parliament be summoned to meet and sit at Westminster the third Monday of October, 1656.

That a Parliament shall be summoned to meet and sit at Westminster upon the third Monday in October, 1659, and so likewise on the third Monday in October in every third year successively.

That neither this present Parliament, nor the Parliament which shall be summoned to meet on the third Monday of October, 1656, nor the Parliament that shall be summoned to meet on the third Monday in October in the year 1659, nor any succeeding triennial Parliament shall, during the time of twenty-six weeks, to be accounted from the day of their first meeting, be adjourned, prorogued, or dissolved without their own consent.

That neither this present Parliament, which shall be summoned to meet on the third Monday in October, 1656, nor the Parliament that shall be summoned to meet on the third Monday in October, 1659, nor any successive triennial Parliament, shall continue above twenty-six weeks without the Lord Protector’s consent, to be by Act of Parliament, in which Act there shall be a limited time for their sitting, not exceeding thirteen weeks.

That the Lord Protector, with the advice of the major part of the Council, shall at any other time than is before expressed, when the necessities of the State shall require, summon Parliaments in manner hereby expressed, which shall not be adjourned, prorogued, or dissolved, without their own consent, during the space of thirteen weeks, to be accounted from the day of their first sitting, nor shall continue to sit beyond that time without the consent of the Lord Protector to be by Act of Parliament, in which Act there shall be a limited time for their sitting, not exceeding four weeks, provided that such Parliament shall end and be determined before the summoning of such Parliaments as are before hereby appointed.

That the summons to Parliament shall be by writ under the Great Seal of England, directed to the Sheriffs and other officers (according to law) of the several and respective counties and places in manner and form following:—

‘Oliver, Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the dominions thereunto belonging, to the Sheriff of the County of NA, greeting. Whereas, in the Parliament holden at Westminster the third day of September, 1654, it is amongst other things enacted that Parliament shall be duly held in such manner as therein is expressed, and, to that end, that a Parliament be holden at the City of Westminster the NA day of NA next coming, there for us to consult with the knights, citizens, and burgesses of the said Commonwealth, of the weighty and urgent affairs concerning us, the state and defence of the said Commonwealth, and the maintenance of the true reformed Protestant Christian religion in purity thereof: we do command you firmly, enjoining that proclamation being made of the day and place aforesaid in every market town within your county, you cause, according to the form of the said statute, to be freely and indifferently chosen by them who shall be present at such election of the most fit and discreet persons to serve as knights with their swords girt, for the County of NA and for the City of NA, citizens of the most discreet and sufficient, and the names of the same knights, citizens, and burgesses so to be chosen, whether present or absent, you cause to be certified in certain indentures thereupon to be made between you and them who shall be present at such choice, and that you cause them to come at the day and place aforesaid; so that the knights severally may have full and sufficient power for themselves and the people of that county and borough aforesaid, to do and consent to those things which then and there by common counsel of the said Commonwealth in Parliament by God’s blessing shall be ordained upon the weighty affairs aforesaid; so that for defect of such power, or by reason of improvident choice of the knights, citizens, and burgesses aforesaid, the said affairs may not be left undone in any wise, and we will that you be not chosen to serve as knight for your said county: and that the said choice in your full county distinctly and openly so to be made, you forthwith certify to us in our Chancery under your seals and the seals of them which shall be present at such choice, sending to us the other part of the said indentures annexed, together with this writ: and in your proceedings and execution hereof, we will that you pursue and observe the several directions limited and appointed by the said Act of Parliament. Witness ourselves, &c.,’ which said writ the Chancellor, Keeper, or Commissioners of the Great Seal shall issue and send abroad by warrant from the Lord Protector.

That in case the Lord Protector shall not before the first of July, 1656, give warrant for issuing out of writs of summons for a Parliament to meet the third Monday in October, 1656, and before the first day of July, 1659, give warrant for issuing forth of summons for a Parliament to meet the third Monday in October, 1659, and before the first day of July in every third year after that time give warrant for issuing writs of summons for a Parliament to meet every third Monday in October every third year successively, that then the Chancellor, Keeper, or Commissioner of the Great Seal for the time being, shall, without any warrant or direction, within seven days after the respective times aforesaid, seal, issue, and send abroad writs of summons to the several and respective Sheriffs of England, Scotland, and Ireland, and other officers for summoning another Parliament to meet at Westminster the third Monday in October, 1659, and for other Parliaments to meet at Westminster on the third Monday in October in every third year successively; and that the said Sheriffs and other officers respectively shall, within ten days after the receipt of such writs as aforesaid, cause the same to be proclaimed and published in every market town in the said county upon the market days thereof, between twelve and three of the clock, and shall then also publish and declare the certain day of the week and month and the certain place for electing of members to serve in Parliament for the body of the said county according to the tenor of the said writ, which election shall be within six weeks after the date of the said writ; but not until fourteen days after all the proclamations made as aforesaid: for which purpose the Sheriff shall appoint some convenient day, and the usual or some other convenient and indifferent place for the electors of each county and place to meet in, and shall proceed to election between the hours of eight and eleven before noon: and shall send precepts for elections to be made in all and every city, town, borough, or place within his and their county and place where elections are to be made, to the Mayor, Sheriff, or other head officer, and officers of such city, town, borough, or place, within six days after the receipt of such writ and writs, which the said Mayor, Sheriff, and other officers respectively within eight days after the receipt of the said precept are to make publication of, and of the certain day for such elections to be made in the said city, town, or place aforesaid, and cause elections to be made accordingly within eight days after publication of the said precept made as aforesaid, provided that the usual place for elections for the county of Sussex shall be at Lewes.

That at the day and place of elections, the Sheriff of each county, and the said Mayor, Sheriffs, and Bailiffs and other head officer and officers within the cities, towns, and boroughs and places respectively, shall take view of the said elections, and shall make return into the Chancery, within twenty days after the said elections, of the persons elected by the greater number of electors under the hands and seal of twelve or more of the said electors on the behalf of himself on the one part, and on the behalf of the electors on the other part, wherein shall be contained that the persons elected shall not have power to alter the government from one single person and a Parliament.

That the Sheriff who shall wittingly or willingly make any false return, or wittingly or willingly neglect his duty in execution of the premises, shall incur the penalty of £200 of lawful English money, and that every Mayor, Sheriff, or Bailiff, or other head-officer of any city, town, borough, or place aforesaid, who shall wittingly or wilfully make any false return, or wittingly or wilfully neglect his duty in the execution of the premises, shall incur the penalty of £100 of like lawful English money; the one moiety of all and every the penalties aforesaid to go to the Lord Protector, and the other moiety to such party grieved as shall sue for the same in any of the Courts of record at Westminster, by any action [of] debt, bill, plaint, or information, wherein shall be no wager of law, essoign, or protection allowed; which suit shall not be commenced until the Parliament hath adjudged the same to be such offence as aforesaid.

That all and every person and persons who have voluntarily aided, advised, assisted, or abetted in any war against the Parliament since the first day of October, 1641, unless they have been since in the service of the Parliament, and given signal testimony of their good affections thereunto; and also all and every person and persons whatsoever professing the Popish religion, or that did side, advise, assist, or abet in the Rebellion of Ireland before the 15th of September, 1643, shall during their lives be disabled and incapable to be elected or to give any vote in election of any members to serve in any Parliament.

That all votes and elections given or made contrary or not according to the aforesaid qualifications, shall be void and of none effect; and if any person who is by these aforesaid qualifications made incapable shall give his vote for election of members to serve in Parliament, such person shall lose and forfeit one full year’s value of his real estate; and one full third part of his personal estate, one moiety thereof to the Lord Protector, and the other moiety to him or them who shall sue for the same in any of the Courts of record at Westminster by action of debt, bill, plaint, or information wherein shall be no wager of law, essoign, or protection allowed.

That the persons who shall be elected to serve in Parliament shall be such and none other than such as are persons of known integrity, fearing God, and of good conversation, and being of the age of one and twenty years, and not such as are disabled by the Act of the 17th of King Charles, intituled An Act for disabling all persons in Holy Orders to exercise any temporal jurisdiction or authority, nor such as are public ministers or public preachers of the Gospel, nor such as are guilty of any of the offences mentioned in an Act of Parliament bearing date the 9th of August, 1650, intituled An Act against several atheistical, blasphemous, and execrable opinions derogatory to the honour of God and destructive to human society; no common scoffer nor reviler of religion, or of any person or persons for professing thereof; nor persons that have married or shall marry a wife of the Popish religion, or hath trained or shall train up his child or children, or any other child or children under his tuition or government in the Popish religion; or that shall permit or suffer such child or children to be trained up in that said religion, or hath given or shall give his consent that his son or daughter shall marry any of that religion, no person that shall deny the Scriptures to be the word of God, or the sacraments, prayer, magistracy, and ministry to be the ordinances of God; no common profaner of the Lord’s day, nor profane swearer, nor curser; no drunkard or common haunter1 of taverns or ale-houses.

That all and every person and persons not within the aforesaid exceptions having an estate in freehold to the yearly value of forty shillings within any county, riding, limit, or place (to be declared upon oath by such person or persons, is required, and which said oath the Sheriffs or their deputies are hereby empowered to give), shall be capable to give his or their votes for the election of members for such county, riding, limit, or place, where such land or estate doth lie, provided this extends not to alter any ancient customs, charters, privileges of any cities, boroughs, towns, or corporations who have hereby right to elect members of Parliament, but the same to continue as formerly, anything in these presents to the contrary notwithstanding.

That the now Lords Commissioners of the Great Seal shall forthwith take a solemn oath in Parliament for the due issuing and sending abroad writs of summoning to Parliament, according to the tenor of the Act, which oath shall be in these words: ‘I do, in the presence and in the name of Almighty God, promise and swear that I will, to the utmost of my power, truly and faithfully issue forth and send abroad writs of summons to Parliament at such times and in such manner as is expressed and enjoined by an Act of Parliament, intituled An Act declaring and settling the government of the Commonwealth of England, Scotland, and Ireland, and the dominions thereunto belonging’; and such Chancellor, Keeper, or Commissioner of the Great Seal as shall hereafter be, shall before they enter unto their said office, take the same oath in Parliament (sitting the Parliament), and in the interval of Parliament the same shall be administered to them by the two Chief Justices, and the Chief Baron for the time being, or one of them.

That if the Lord Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal for the time being shall not issue and send abroad in manner and at the times hereby to them limited and appointed, writs of summons to the several and respective Sheriffs and other officers for England, Scotland, and Ireland, for summoning a Parliament to meet at Westminster on the third Monday in October, 1656, and for summoning another Parliament to meet at Westminster on the third Monday in October, 1659; and for summoning other Parliaments to meet at Westminster on the third Monday in October, every third year successively; and shall not issue and send abroad by authority hereof and without further warrant like writs of summons (within ten days after the death of every Lord Protector and after the election of another Lord Protector) for the summoning of a Parliament to meet at Westminster within forty days the next following (if a Parliament be not then sitting, or not to meet within four months, or not then already summoned), every such wilful neglect and failure of issuing and sending out writ of summons as aforesaid, is hereby adjudged and declared to be High Treason, and all and every Lord Chancellor, Lord Keeper, or Lord Commissioner of the Great Seal so neglecting or failing, shall be adjudged guilty of High Treason, and shall suffer the pains and penalties thereof. And in case writs be not issued out as is before expressed, but that there be a neglect therein fifteen days after the time wherein the same ought to be issued out by the Chancellor, Keeper, or Commissioners of the Great Seal, and in case the Sheriff or other officer shall not receive such writs within fifteen days aforesaid, that then every such Sheriff or other officer shall within ten days after the said fifteen days, as fully to all intents and purposes as if such writs had been issued forth and received as aforesaid, cause proclamation to be made in every market town within his or their county or counties, riding, and places, upon the market days thereof between twelve and three of the clock, declaring the certain place and the day of the week and month for electing of members to serve Parliament for the body of the said county or counties, riding, or places respectively in such manner and form as is before provided, which said elections are to be made within twenty days after the said ten days, and shall send precepts for elections to be made in all and every city, town, borough, and place within his or their county or counties, riding, or place where elections are to be made, to the Mayor, Bailiff, or other officer or officers of such city, town, borough, or places within six days after the said fifteen days, which precept the said Mayors, Bailiffs, or other officer or officers respectively within eight days after the receipt of the said precept are to make publication of and of the certain day for such elections to be made accordingly within eight days after proclamation of the said precepts made as aforesaid, to the end there may be no failures, but that the Parliament may assemble and be held at Westminster at the usual place, and at the same times hereby appointed; and in case the said Sheriff, or Sheriffs, or other officer or officers authorised as aforesaid shall neglect his or their duty therein, so as through his or their neglect there shall be a failure or disappointment of the said elections, and all and every wilful neglect or failure by such Sheriff or Sheriffs, officer or officers authorised as aforesaid is hereby adjudged and declared to be High Treason, and every such Sheriff or Sheriffs, officer or officers, shall be adjudged guilty of High Treason, and shall suffer the pains and penalties thereof.

And in case by failure or neglect of the said Sheriffs and other officers, elections shall not be made before the five and twentieth day of August, 1656, of knights, citizens, and burgesses, to meet in Parliament at Westminster in the third Monday in October in the same year; and if like elections for succeeding Parliaments shall not be made before the five and twentieth day of August in every third year successively; that in case of any such failure or neglect, the freeholders of the said several and respective counties, ridings, and places, and the citizens, burgesses, and other persons having voices in such elections, and being qualified as aforesaid, within their several cities, boroughs, towns, and places respectively shall by authority hereof, without any other notice or warrant, assemble and meet on the second Wednesday in September next following after the five and twentieth day of August in every third year successively at the places where they [met] formerly for the selection of members to the then last preceding Parliament, and there between the hours of eight and eleven in the forenoon, shall respectively proceed to the election of such fit and discreet persons qualified as aforesaid to serve in Parliament as knights, citizens, and burgesses for their said several counties, ridings, cities, boroughs, towns and places respectively, as if writs of summons had been issued and sent abroad; and at the day and place of election such justices or justice of peace of every the said counties, ridings, and places respectively who shall be present at the said elections and not elected; and if no such justices or justice of the peace be at the said election; then the major part of the electors being present for the said counties, ridings, and places, and the Mayor, Bailiff, or other head officer of every the said cities, boroughs, towns, and places who shall be present at the said election, and not elected, and if no such head officer be present, then the major part of the electors that shall be at the said election shall by authority hereof respectively make returns into the Chancery within ten days after the said elections of the persons elected by indentures under the hands and scals of the said electors or the major part of them; wherein shall be contained that the persons so elected shall not have power to alter the government from one single person and a Parliament, and the Clerk of the Commonwealth in Chancery, or such other officer or officers to whom it appertains shall accept and receive the returns of such elections, and file and record them according to law in like manner as if writs of summons had issued and been executed, as hath been used and accustomed, which persons so elected and returned as aforesaid for knights, citizens, and burgesses, shall have as full and sufficient power for themselves and the people of their respective counties, cities, boroughs, towns, and places, to sit and act in Parliament as if the said Sheriffs and other officers had received writs of summons, and had made such returns; and that such knights, citizens, and burgesses so chosen shall appear and serve in Parliament at the times and place aforesaid, and shall each of them be liable to such pains and censures for his and their not appearing and serving then and there in Parliament, as if he and they had been elected and chosen by virtue of a writ under the Great Seal, and shall be likewise subject unto such further pains and censures as by the rest of the knights, citizens, and burgesses assembled in Parliament he or they shall be adjudged unto, any writ, proclamation, edict, act, restraint, prohibition, order, or warrant to the contrary in any wise notwithstanding; and every county that shall neglect or fail to make such elections and returns in manner and at the times aforesaid, shall forfeit the sum of £1000 to the use of the Commonwealth; and every city, borough, town, or place that shall neglect or fail to make such elections and returns in manner and at the times aforesaid, shall forfeit £200 to the use of the Commonwealth, to be sued for, recovered, and disposed of as the ensuing Parliament shall direct.

That the Council be hereby empowered to examine upon oath as touching any articles of popery or delinquency mentioned in Cap. 29 against any person or persons returned for members of Parliament, and, if they shall find such charge to be true, and shall certify the same to the Parliament, the first day of the sitting of the Parliament, that then such members shall not sit until the House have adjudged of the same.

That the persons chosen and assembled in manner aforesaid, or any sixty of them, shall be and be deemed the Parliament of England, Scotland, and Ireland.

That the persons to be chosen within England, Wales, and the Town of Berwick upon Tweed to sit and serve in Parliament shall be and not exceed the number of four hundred, viz.:—

[The list of constituencies with the number of members allotted to them follows here. It is, however, imperfect, many counties being omitted. The list, so far as it is given, is almost exactly the same as that in the Instrument of Government. The exceptions are that, in Kent, Hythe is to return one member in the place of Queenborough; that, in Leicestershire, the city of Leicester is to return one member instead of two, the number of members allotted to the county being increased from four to five; that, in Oxfordshire, Banbury is to return a member instead of Woodstock, and that the County of Carmarthen loses one member which is given to the borough.]

That the persons to be chosen within Scotland to sit and serve in Parliament shall be and not exceed the number of thirty.

That the persons to be chosen within Ireland to sit and serve in Parliament shall be and not exceed the number of thirty.

That the Lord Protector for the time being shall be assisted with a Council.

That the persons who shall be of the Council shall be such as shall be nominated by the said Lord Protector, and approved by the Parliament.

That the number of the persons who shall be of the Council shall be, and not exceed, one and twenty.

That eleven of them shall be a council1 , and not under.

That no person shall continue to be of the Council longer than forty days after the meeting of each succeeding Parliament without a new approbation of the Parliament. That such persons as shall be of the Council before they shall take their trust upon them shall take a solemn oath for the faithful discharge of their duty in that employment; which oath shall be taken in Parliament (sitting the Parliament), and in the interval of Parliament, before the Lord Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal for the time being, which oath shall be as follows, viz.: ‘I do, in the presence and by the name of Almighty God, promise and swear that I will be true and faithful in performance of the trust committed unto me as one of the Council: and that I will not reveal or disclose anything in whole or in part, directly or indirectly, that shall be debated or resolved upon by the Council; wherein secrecy shall be enjoined by the said Council, without the direction of the Lord Protector or the Parliament, or leave of the Council: and that in the election of every successive Lord Protector, I will proceed thereon faithfully and impartially according to an Act of Parliament, intituled An Act declaring and settling the government of the Commonwealth of England, Scotland, and Ireland: and do nothing therein for any promise, fear, favour, or reward. I will to the best of my knowledge and understanding give faithful advice to the Lord Protector for the time being, in order to the good government, peace, and welfare of these nations, and will not advise, act, or consent unto anything to disadvantage the liberty, property, or interest of the people, contrary to the laws of the land, to the best of my understanding and knowledge, and I will faithfully pursue the instructions and directions which are or shall be given to the Council by the Parliament.’

That the true reformed Protestant Christian religion as it is contained in the Holy Scriptures of the Old and New Testament, and no other, shall be asserted and maintained as the public profession of these nations.

That in case any Bill shall be tendered to the Lord Protector by the Parliament to compel any person to the said public profession by any penalty to such Bill, the said Lord Protector shall have a negative: provided that such Bills as hereafter shall be agreed upon by the Parliament, requiring from such ministers and preachers of the Gospel (as shall receive public maintenance for instructing the people) a submission and conformity to the public profession aforesaid, or enjoining attendance unto the preaching of the word and other religious duties on the Lord’s day in some public church or chapel; or at some other congregational and Christian meeting, shall pass into and become laws within twenty days after the presentation to the Lord Protector, although he shall not give his consent thereunto.

That without the consent of the Lord Protector and Parliament, no law or statute be made for the restraining of such tender consciences as shall differ in doctrine, worship, or discipline from the public profession aforesaid, and shall not abuse their liberty to the civil injury of others, or the disturbances of the public peace: provided that such bills as shall be agreed upon by the Parliament for restraining of damnable heresies particularly to be enumerated by the Lord Protector and1 Parliament: and also such bills as shall be agreed upon by the Parliament for the restraining of atheism, blasphemy, popery, prelacy, licentiousness, and profaneness; or such as shall preach, print, or publicly maintain anything contrary to the fundamental principles of doctrines held within the public profession which shall be agreed upon by the Lord Protector and the Parliament, or shall do any overt or public act to the disturbance thereof, shall pass into and become laws within twenty days after their presentation to the Lord Protector, although he shall not give his consent thereunto.

That until some better provision be made by the Parliament for the encouragement and maintenance of able, godly, and painful ministers and public preachers of the Gospel for instructing the people, and for discovery and confutation of errors, heresy, and whatsoever is contrary to sound doctrine, the present public maintenance shall not be taken away nor impeached.

That Oliver Cromwell, the present Lord Protector, during his life (the Parliament sitting) shall by consent of Parliament, and not otherwise, dispose and employ the forces of this Commonwealth by sea and land for the peace and good of the same.

That such of the standing forces of this Commonwealth as shall be agreed to be continued upon the charge of the Commonwealth in the intervals of Parliament shall be ordered and disposed of for the ends aforesaid in the intervals of Parliaments by the present Lord Protector during his life, by and with the advice and consent of the said Council, and not otherwise.

That the standing forces after the death of the present Lord Protector in the intervals of Parliament shall be in the disposition and ordering of the said Council for the ends aforesaid, until a Parliament be assembled, and then the disposal of the said forces to be made by the Parliament as they shall think fit.

That the standing forces of this Commonwealth both by sea and land during the life of the now Protector shall be no more in number than shall be agreed upon from time to time by the said Lord Protector and the Parliament.

That the sum of £400,000 arising by the customs and the public receipts in England, Scotland, and Ireland, shall be yearly paid out of the public receipts of the Exchequer by warrant of the Lord Protector and the Council, for and towards the maintenance of a convenient number of ships for guarding of the seas, and securing and encouragement of trade; and the maintenance of such garrisons as shall be necessary for the defence of the Commonwealth of England, Scotland, and Ireland, and the dominions thereunto belonging, which revenue shall continue and not be altered without consent of the Lord Protector and the Parliament; and that the yearly sum of £700,000 more arising by excise or other public receipts in England, Scotland, and Ireland, shall be provided by Parliament and paid out of the Exchequer by warrant of the Lord Protector and the Council for the maintenance and full discharge of such field forces as shall be thought needful to be kept up for the defence of this Commonwealth of England, Scotland, and Ireland, and the dominions thereunto belonging; and for the payment and full discharge of such forces in garrisons, and naval charges, and all incident charges belonging to every of them as shall not be satisfied and paid out of the £400,000 aforesaid, which said £700,000 shall continue and be paid until the 25th of December, 1659, unless the Lord Protector and the Parliament shall agree to lessen the said sum before that time.

That such ordinances as heretofore were made by the Lord Protector and his Council before this Parliament, for the raising, bringing in, and disposing of monies for the maintenance of the forces of this Commonwealth by sea and land in England, Scotland, and Ireland; and for the necessary charges of the government, shall remain and continue to the end of this Parliament and no longer, unless the Parliament shall take further order to [the] contrary, or unless the said ordinances shall expire before that time.

That the laws of this Commonwealth 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 of the people assembled in Parliament.

That the power of making war is only in the Lord Protector and the Parliament.

That sitting the Parliament, no peace shall be concluded, but by consent of Parliament; and in the interval of Parliament the power of making peace shall be in the Lord Protector and the Council, with such reservations and limitations as the Parliament shall approve.

That the said Lord Protector, by the advice and consent of the major part of the Council, shall direct in all things concerning the keeping and holding a good correspondence with foreign kings, princes, and states.

That the Chancellor, Keeper, or Commissioners of the Great Seal, the Treasurer or Commissioners of the Treasury, Admiralty, or Commissioners exercising the power of the Lord Admiral; the Chief Governors of Ireland and Scotland; the Chief Justices and the rest of the Judges of both the benches; Chief Baron and the rest of the Barons of the Exchequer, shall be chosen by the approbation of Parliament, and in the interval of Parliament by the approbation of the major part of the Council, to be afterwards approved by the Parliament.

That the Chancellor, Keeper, or Commissioners for the Great Seal of Ireland, the Chief Justices and Judges of both benches, and Chief Baron and Barons of the Exchequer in Ireland, shall be chosen by the approbation of the Parliament, and in the interval of Parliament by the approbation of the major part of the Council, to be afterwards approved by the Parliament.

That the Judges of the public Courts of Justice in Scotland shall from henceforth be chosen by the approbation of Parliament, and in the intervals of the Parliament by the approbation of the major part of the Council, to be afterwards approved by the Parliament.

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 Archbishops and Bishops, Deans and Chapters, the lands of delinquents, and forest lands, or any of them, or of any other lands, tenements, rents, and hereditaments belonging to the Commonwealth, shall no way be impeached or made invalid, but shall remain good and firm, and that the security given by act and ordinances of Parliament for any sum or sums of money by any of the said lands, the excise, or by any other public revenue; and also the securities given by the public faith of the nation, and the engagement of the public faith for satisfaction of the debts and damages shall remain firm and good, and not be made void or invalid upon any pretence whatsoever: provided 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: provided also that all appeals or petitions that were made or exhibited to this Parliament before the first day of December, 1654, for relief concerning bills, may be heard and determined this Parliament.

That the articles herein contained, nor any of them, shall be altered, repealed, or suspended without the consent of the Lord Protector and the Parliament.

Provided that this Bill, intituled An Act declaring and settling the government of the Commonwealth of England, Scotland, and Ireland, and the dominions thereunto belonging, be ingrossed in order to its presentment to the Lord Protector for his consideration and consent; and that if the Lord Protector and the Parliament shall not agree thereunto, and to every article thereof, then this Bill shall be void and of none effect.

Provided that this Act for the government does not extend, nor be construed to extend, to abrogate, alter, or diminish any of the charters, customs, liberties, or franchises of the City of London, or any other cities, boroughs, towns corporate, or places within this Commonwealth, saving in such things wherein any alteration is hereby particularly made, but that the City of London, and all other the said cities, boroughs, towns corporate, and places, shall and may have and enjoy their said charters, customs, liberties, and franchises as aforesaid, the said Act or anything therein contained notwithstanding.

Provided that whereas the militia of this Commonwealth ought not to be raised, formed, and made use of, but by common consent of the people assembled in Parliament: be it therefore enacted, that the said militia, consisting of trained forces, shall be settled as the Lord Protector and Parliament shall hereafter agree, in order to the peace and safety of the Commonwealth, and not otherwise.

102.

The Humble Petition and Advice.

We, the knights, citizens and burgesses in this present Parliament assembled, taking into our most serious consideration the present state of these three nations, joined and united under your Highness’ protection, cannot but in the first place, with all thankfulness, acknowledge the wonderful mercy of Almighty God in delivering us from that tyranny and bondage, both in our spiritual and civil concernments, which the late King and his party designed to bring us under, and pursued the effecting thereof by a long and bloody war; and also that it hath pleased the same gracious God to preserve your person in many battles, to make you an instrument for preserving our peace, although environed with enemies abroad, and filled with turbulent, restless and unquiet spirits in our own bowels, that as in the treading down the common enemy, and restoring us to peace and tranquillity, the Lord hath used you so eminently, and the worthy officers and soldiers of the army (whose faithfulness to the common cause, we and all good men shall ever acknowledge, and put a just value upon): so also that he will use you and them in the settling and securing our liberties as we are men and Christians, to us and our posterity after us, which are those great and glorious ends which the good people of these nations have so freely, with the hazard of their lives and estates, so long and earnestly contended for: we consider likewise the continual danger which your life is in, from the bloody practices both of the malignant and discontented party (one whereof, through the goodness of God, you have been lately delivered from), it being a received principle amongst them, that no order being settled in your lifetime for the succession in the Government, nothing is wanting to bring us into blood and confusion, and them to their desired ends, but the destruction of your person; and in case things should thus remain at your death, we are not able to express what calamities would in all human probability ensue thereupon, which we trust your Highness (as well as we) do hold yourself obliged to provide against, and not to leave a people, whose common peace and interest you are intrusted with, in such a condition as may hazard both, especially in this conjuncture, when there seems to be an opportunity of coming to a settlement upon just and legal foundations: upon these considerations, we have judged it a duty incumbent upon us, to present and declare these our most just and necessary desires to your Highness.

1. That your Highness will be pleased by and under the name and style of Lord Protector of the Commonwealth of England, Scotland and Ireland, and the dominions and territories thereunto belonging, to hold and exercise the office of Chief Magistrate of these nations, and to govern according to this petition and advice in all things therein contained, and in all other things according to the laws of these nations, and not otherwise: that your Highness will be pleased during your lifetime to appoint and declare the person who shall, immediately after your death, succeed you in the Government of these nations.

2. That your Highness will for the future be pleased to call Parliaments consisting of two Houses (in such manner and way as shall be more particularly afterwards agreed and declared in this Petition and Advice) once in three years at furthest, or oftener, as the affairs of the nation shall require, that being your great Council, in whose affection and advice yourself and this people will be most safe and happy.

3. That the ancient and undoubted liberties and privileges of Parliament (which are the birthright and inheritance of the people, and wherein every man is interested) be preserved and maintained; and that you will not break or interrupt the same, nor suffer them to be broken or interrupted; and particularly, that those persons who are legally chosen by a free election of the people to serve in Parliament, may not be excluded from sitting in Parliament to do their duties, but by judgment and consent of that House whereof they are members.

4. That those who have advised, assisted or abetted the rebellion of Ireland, and those who do or shall profess the Popish religion, be disabled and made incapable for ever to be elected, or to give any vote in the election of any member to sit or serve in Parliament; and that all and every person and persons who have aided, abetted, advised or assisted in any war against the Parliament, since the 1st day of Jan., 1641 (unless he or they have since borne arms for the Parliament or your Highness, or otherwise given signal testimony of his or their good affection to the Commonwealth, and continued faithful to the same), and all such as have been actually engaged in any plot, conspiracy or design against the person of your Highness, or in any insurrection or rebellion in England or Wales since the 16th day of December, 1653, shall be for ever disabled and made incapable to be elected, or give any vote in the election of any member to sit or serve in Parliament. That for Scotland none be capable to elect, or be elected to sit or serve in Parliament, who have been in arms against the Parliament of England, or against the Parliament in Scotland, before the 1st day of April, 1648 (except such as have since borne arms in the service of the Parliament of England or your Highness, or given other signal testimony of their good affection), nor any that since the said 1st day of April, 1648, have been in arms, or otherwise aided, abetted, advised or assisted in any war against the Parliament of England or your Highness, except such as since the 1st day of March, 1651 (old style1 ), have lived peaceably, and thereby given testimony of their good affection to the Parliament and your Highness.

Provided, that nothing in this Article contained shall extend to put any incapacity upon any English or Scotch Protestants in Ireland, either to elect or be elected to serve in Parliament, who, before the 1st day of March, 1649, have borne arms for the Parliament or your Highness, or otherwise given signal testimony of their good affection to this Commonwealth, and continued faithful to the same; that all votes and elections, given or made contrary, or not according to the qualifications aforesaid, shall be void and of none effect; and that if any person or persons so incapable as aforesaid, shall give his or their vote for election of members to serve in Parliament, all and every such person or persons so electing shall lose and forfeit one year’s value of his and their respective real estates, and one full third part of his and their respective personal estates; the one moiety to your Highness, and the other moiety to him or them who shall sue for the same in any Court of Record, by action of debt, bill, plaint or information, wherein no essoine, wager of law, or protection shall be allowed. And that the persons who shall be elected to serve in Parliament be such, and no other than such, as are persons of known integrity, fearing God, and of good conversation, and being of the age of twenty-one years, and not such as are disabled by the Act of the seventeenth year of the late King, entitled, ‘An Act for disenabling all persons in Holy Orders to exercise any temporal jurisdiction or authority, nor such as are public ministers or public preachers of the Gospel.’ Nor such as are guilty of any of the offences mentioned in an Act of Parliament bearing date the 9th of August, 1650, entitled, ‘An Act against several atheistical, blasphemous, and execrable opinions derogatory to the honour of God, and destructive to human society’; no common scoffer or reviler of religion, or of any person or persons professing thereof; no person that hath married or shall marry a wife of the Popish religion, or hath trained or shall train up his child or children, nor any other child or children under his tuition or government, in the Popish religion, or that shall permit or suffer such child or children to be trained up in the said religion, or that hath given or shall give his consent that his son or daughter shall marry any of that religion; no person that shall deny the Scriptures to be the Word of God, or the sacraments, prayer, magistracy, and ministry to be the Ordinances of God; no common profaner of the Lord’s day, no profane swearer or curser, no drunkard or common haunter of taverns or alehouses.

And that these qualifications may be observed, and yet the privilege of Parliament maintained, we desire that it may be by your Highness’ consent ordained, that forty-one Commissioners be appointed by Act of Parliament, who, or any fifteen or more of them, shall be authorised to examine and try whether the members to be elected for the House of Commons in future Parliaments be capable to sit, according to the qualifications mentioned in this Petition and Advice; and in case they find them not qualified accordingly, then to suspend them from sitting until the House of Commons shall, upon hearing of their particular cases, admit them to sit; which Commissioners are to stand so authorised for that end, until the House of Commons in any future Parliament shall nominate the like number of other Commissioners in their places; and those other Commissioners so to be nominated in any future Parliament, to have the same powers and authorities; that the said Commissioners shall certify in writing to the House of Commons, on the first day of their meeting, the causes and grounds of their suspensions of any persons so to be elected as aforesaid; that the accusation shall be upon the oath of the informer, or of some other person, that a copy of the accusation shall be left by the party accusing, in writing under his hand, with the party accused, or, in his absence, at his house in the county, city or town for which he shall be chosen, if he have any such house, or if not, with the Sheriff of the county, if he be chosen for a county, or with the Chief Magistrate of the city or borough for which he is chosen; and that the number of persons to be elected and chosen to sit and serve in Parliament for England, Scotland and Ireland, and the distribution of the persons so chosen within the counties, cities and boroughs of them respectively, may be according to such proportions as shall be agreed upon and declared in this present Parliament.

5. That your Highness will consent, that none be called to sit and vote in the other House, but such as are not disabled, but qualified according to the qualifications mentioned in the former Article, being such as shall be nominated by your Highness, and approved by this House, and that they exceed not seventy in number, nor be under the number of forty (whereof the quorum to be one-and-twenty), who shall not give any vote by proxies; and that as any of them do die, or be legally removed, no new ones be admitted to sit and vote in their rooms, but by the consent of the House itself. That the other House do not proceed in any civil causes, except in writs of error, in cases adjourned from inferior courts into the Parliament for difficulty, in cases of petitions against proceedings in Courts of Equity, and in cases of privileges of their own House; that they do not proceed in any criminal causes whatsoever against any person criminally, but upon an impeachment of the Commons assembled in Parliament, and by their consent; that they do not proceed in any cause, either civil or criminal, but according to the known laws of the land, and the due course and custom of Parliament; that no final determinations or judgments be by any members of that House, in any cause there depending, either civil, criminal or mixed, as Commissioners or Delegates, to be nominated by that House; but all such final determinations and judgments to be by the House itself, any law or usage to the contrary notwithstanding.

6. That in all other particulars which concern the calling and holding of Parliaments, your Highness will be pleased that the laws and statutes of the land be observed and kept; and that no laws be altered, suspended, abrogated or repealed, or new law made, but by Act of Parliament.

7. And to the end there may be a constant revenue for support of the Government, and for the safety and defence of these nations by sea and land; we declare our willingness to settle forthwith a yearly revenue of £1,300,000 pounds, whereof £1,000,000 for the navy and army, and £300,000 for the support of the Government, and no part thereof to be raised by a land tax; and this not to be altered without the consent of the three Estates in Parliament; and to grant such other temporary supplies, according as the Commons assembled in Parliament shall from time to time adjudge the necessities of these nations to require; and do pray your Highness that it be declared and enacted, that no charge be laid, nor no person be compelled to contribute to any gift, loan, benevolence, tax, tallage, aid, or other like charge without common consent by Act of Parliament, which is a freedom the people of these nations ought by the laws to inherit.

8. That none may be added or admitted to the Privy Council of your Highness or successors, but such as are of known piety, and undoubted affection to the rights of these nations, and a just Christian liberty in matters of religion, nor without consent of the Council to be afterwards approved by both Houses of Parliament, and shall not afterwards be removed but by consent of Parliament, but may in the intervals of Parliament be suspended from the exercise of his place by your Highness, or your successors and the Council, for just cause; and that the number of the Council shall not be above one-and-twenty, whereof the quorum to be seven, and not under; as also that after your Highness’ death, the Commander-in-Chief under your successors of such army or armies as shall be necessary to be kept in England, Scotland or Ireland, as also all such field-officers at land or generals at sea, which, after that time shall be newly made and constituted by your successors, be by the consent of the Council, and not otherwise.

And that the standing forces of this Commonwealth shall be disposed of by the Chief Magistrate, by consent of both Houses of Parliament, sitting the Parliament; and in the intervals of Parliament, by the Chief Magistrate, by the advice of the Council; and also that your Highness and successors will be pleased to exercise your Government over these nations by the advice of your Council.

9. And that the Chancellor, Keeper or Commissioners of the Great Seal of England, the Treasurer or Commissioners of the Treasury there, the Admiral, the chief Governor of Ireland, the Chancellor, Keeper or Commissioners of the Great Seal of Ireland, the Chief Justices of both the Benches, and the Chief Baron in England and Ireland, the Commander-in-Chief of the forces in Scotland, and such officers of State there, as by Act of Parliament in Scotland, are to be approved by Parliament, and the Judges in Scotland hereafter to be made, shall be approved of by both Houses of Parliament.

10. And whereas your Highness out of your zeal to the glory of God, and the propagation of the gospel of the Lord Jesus Christ, hath been pleased to encourage a godly ministry in these nations, we earnestly desire that such as do openly revile them or their assemblies, or disturb them in the worship or service of God, to the dishonour of God, scandal of good men, or breach of the peace, may be punished according to law; and where the laws are defective, that your Highness will give consent to such laws as shall be made in that behalf.

11. That the true Protestant Christian religion, as it is contained in the Holy Scriptures of the Old and New Testament, and no other, be held forth and asserted for the public profession of these nations; and that a Confession of Faith, to be agreed by your Highness and the Parliament, according to the rule and warrant of the Scriptures, be asserted, held forth, and recommended to the people of these nations, that none may be suffered or permitted, by opprobrious words or writing, maliciously or contemptuously to revile or reproach the Confession of Faith to be agreed upon as aforesaid; and such who profess faith in God the Father, and in Jesus Christ His eternal Son, the true God, and in the Holy Spirit, God co-equal with the Father and the Son, one God blessed for ever, and do acknowledge the Holy Scriptures of the Old and New Testament to be the revealed Will and Word of God, and shall in other things differ in doctrine, worship or discipline, from the public profession held forth, endeavours shall be used to convince them by sound doctrine, and the example of a good conversation; but that they may not be compelled thereto by penalties, nor restrained from their profession, but protected from all injury and molestation in the profession of the faith, and exercise of their religion, whilst they abuse not this liberty to the civil injury of others, or the disturbance of the public peace; so that this liberty be not extended to Popery or Prelacy, or to the countenancing such who publish horrible blasphemies, or practise or hold forth licentiousness or profaneness under the profession of Christ; and that those ministers or public preachers, who shall agree with the public profession aforesaid in matters of faith, although in their judgment and practice they differ in matters of worship and discipline, shall not only have protection in the way of their churches and worship respectively, but be esteemed fit and capable, notwithstanding such difference (being otherwise duly qualified and duly approved), of any trust, promotion or employment whatsoever in these nations, that any ministers who agree in doctrine, worship and discipline with the public profession aforesaid are capable of; and all others who agree with the public profession in matters of faith, although they differ in matters of worship and discipline as aforesaid, shall not only have protection as aforesaid, but be esteemed fit and capable (notwithstanding such difference, being otherwise duly qualified) of any civil trust, employment or promotion in these nations: but for such persons who agree not in matters of faith with the public profession aforesaid, they shall not be capable of receiving the public maintenance appointed for the ministry.

Provided, that this clause shall not be construed to extend to enable such ministers or public preachers, or pastors of congregations; but that they be disenabled, and they are hereby disenabled, to hold any civil employment, which those in Orders were or are disenabled to hold, by an Act, entitled, ‘An Act for disenabling all persons in Holy Orders to exercise any temporal jurisdiction or authority.’ And that your Highness will give your consent, that all laws, statutes, ordinances and clauses in any law, statute and ordinance, so far as they are contrary to the aforesaid liberty, be repealed.

12. That all Acts and Ordinances of Parliament made for the abolishing of Archbishops and Bishops, and for the abolishing of Deans, Deans and Chapters, Canons, Prebends, and other offices and titles of or belonging to any Cathedral, or Collegiate Church or Chapel, and for the sale or other disposition of the lands, rents and hereditaments, unto any or either of them belonging, or for the sale or other disposition of the lands, rents and hereditaments of the late King, Queen, or Prince; or of the lands of delinquents, fee-farm, or other rents, forest-lands, or any of them; or any other lands, tenements, rents or hereditaments, lately belonging to the Commonwealth, shall no way be impeached, but that they do remain good and firm; and that the security given by Act and Ordinance of Parliament, for any sum or sums of monies, by any of the said lands, the excise, or by any other public revenue; and also the securities given by the public faith of the nation, and the engagement of the public faith for satisfaction of debts, may remain firm and good, and not be made void by any pretence whatsoever.

13. That all and every person and persons who have aided, abetted, advised or assisted in any war against the Parliament, since the 1st day of January, 16411 (unless he or they have since borne arms for the Parliament or your Highness, or otherwise given signal testimony of his or their good affection to the Commonwealth, and continued faithful to the same); and all such as have been actually engaged in any plot, conspiracy or design, against the person of your Highness, or in any insurrection or rebellion, in England or Wales, since the 16th of December, 1653: and for Scotland, that all and every person and persons who have been in arms against the Parliament of England, or against the Parliament in Scotland, before the 1st day of April, 1648 (except such as have since borne arms in the service of the Parliament of England or your Highness, or given other signal testimony of their good affection); and every person or persons that since the said 1st day of April, 1648, have been in arms, or otherwise aided, abetted, advised or assisted in any war against the Parliament of England or your Highness (except such persons who having been in arms, or otherwise abetted, advised or assisted in any war against the Parliament of England or your Highness, since the 1st day of April, 1648), and were not in arms against the Parliament of England, or against the Parliament of Scotland, before the 1st day of April, 1648; and have since the 1st day of March, 1651 (old style), lived peaceably, and thereby given testimony of their good affection to the Parliament and your Highness, be made incapable for ever of holding or enjoying of any office or place of public trust, in these three nations, or any of them.

Provided, that nothing in this Article contained shall extend to put any incapacity in this Article mentioned upon any English or Scotch Protestants in Ireland, who, before the 1st day of March, 1649, have borne arms for the Parliament or your Highness, or otherwise given signal testimony of their good affection to this Commonwealth, and continued faithful to the same.

14. And that your Highness will be pleased to consent, that nothing in this Petition and Advice contained, nor your Highness’ assent thereto, shall be construed to extend to the dissolving of this present Parliament, but that the same shall continue and remain, until such time as your Highness shall think fit to dissolve the same.

151 . And that nothing contained in this Petition and Advice, nor your Highness’ consent thereunto, shall be construed to extend to the repealing or making void of any Act or Ordinance which is not contrary hereunto, or to the matters herein contained, but that the said Acts and Ordinances not contrary hereunto shall continue and remain in force, in such manner as if this present Petition and Advice had not at all been had or made, or your Highness’ consent thereunto given.

16. And that all writs issued out of the Chancery, and all writs and patents of the Justices of the one Bench, and of the other, Barons of the Exchequer, Commissions of oyer and terminer, gaol-delivery, and Justices of the Peace, and all other commissions, patents, and grants, made and passed under the Great Seal of England, Scotland or Ireland, shall stand good and effectual in the law, notwithstanding this Petition and Advice, or your Highness’ assent thereunto, or any law, statute or custom to the contrary; and that all writs, and all commissions, indictments, informations, process, actions, suits, bills or plaints, taken out, or now depending in any Court of Record at Westminster, or any other Court of Record, in England, Scotland or Ireland, or in the town of Berwick-upon-Tweed; and all process, pleas, demurrers, continuances and proceedings, in every such writs, indictments, informations, actions, suits, bills and plaints, shall be returnable, stand good and effectual, and be prosecuted and sued forth, in such manner and form, and in the same state, condition and order, the style and test of proceedings, after passing of these presents, being made conformable thereunto, this present Petition and Advice, or your Highness’ assent thereunto, or any law, custom or usage to the contrary thereof in any wise notwithstanding; and that any variance that shall be occasioned by reason thereof, touching any the said writs, process or proceedings in the name, style, test or otherwise, shall not be in any wise material as concerning any default or error to be alleged or objected thereunto.

17. And that your Highness and your successors will be pleased to take an oath, in such form as shall be agreed upon by your Highness and this present Parliament, to govern these nations according to the law.

18. And in case your Highness shall not be satisfied to give your consent to all the matters and things in this humble Petition and Advice, that then nothing in the same be deemed of force, to oblige the people of these nations in any the particulars therein contained.

And these our desires being granted by your Highness, we shall hope (through the rich mercy and goodness of God) that it will prove some remedy to those dangers, distractions, and distempers which these nations are now in, and be an effectual means to remove those jealousies and fears which remain in the minds of many men concerning the Government of this Commonwealth; and thereby we shall be enabled and encouraged with all cheerfulness to the settling of such things, which shall be further necessary for the good of these nations, and be most ready to join with you in promoting the work of reformation, happily begun by your Highness, the regulating courts of justice, and abridging both the delays and charges of law suits, and apply ourselves to such other courses and counsels as may be most like to heal our breaches and divisions, and to restore these poor nations to a union and consistency with themselves, and to lay a foundation of further confidence between your Highness and them, to the rejoicing of the hearts of our friends and terror of our enemies.

Which Petition being presented the 25th day of May, 1657, his Highness’ answer thereunto was read by the Clerk of the Parliament in these words,

The Lord Protector doth consent.

103.

The Additional Petition and Advice.

Whereas upon the humble Petition and Advice of the said knights, citizens and burgesses, now assembled in the Parliament of this Commonwealth, lately presented and consented unto by your Highness, certain doubts and questions have arisen, concerning some particulars therein comprised, for explanation whereof may it please your Highness to declare and consent unto the additions and explanations hereafter mentioned, and may it be declared with your Highness’ consent:

In the fourth Article.

That such person and persons as invaded England, under Duke Hamilton, in the year 1648, or advised, consented, assisted or voluntarily contributed unto that war, and were for that cause debarred from public trust by the Parliament of Scotland, be incapable to elect or be elected to sit and serve as members of Parliament, or in any other place of public trust, relating unto the fourth and thirteenth Articles in the Petition and Advice, excepting such as since have borne arms for your Highness or the Parliament, or have been admitted to sit and serve in the Parliament of this Commonwealth, and are of good life and conversation, or such as shall hereafter be declared by your Highness, with the advice of your Council, to have given some signal testimony of their good affection and continuance in the same.

That the proviso in the said fourth Article be explained thus, viz. that such English and Scottish Protestants, who (since the defection of the Earl of Ormond, and the Lord Inchiquin, and before the 1st day of March, 16491 ) have borne arms for, and ever since continued faithful to the Parliament or your Highness, or have otherwise (before the said 1st day of March, 16491 ) given signal testimony of their good affection to this Commonwealth, and have ever since continued faithful to the same, shall not be debarred or deemed incapable of electing or being elected to serve in Parliament.

And whereas in the said fourth Article, public ministers or public preachers of the Gospel are disabled to be elected to serve in Parliament; it is hereby explained and declared to extend to such ministers and preachers only as have maintenance for preaching, or are pastors or teachers of congregations.

In the said fourth Article.

That instead of Commissioners to be appointed by Act of Parliament, to examine and try whether the members to be elected for the House of Commons in future Parliaments be capable to sit according to the qualifications mentioned in the said Petition and Advice, there shall be the penalty and fine of £1,000 laid and inflicted upon every such unqualified member (being so adjudged) by the said House of Commons, and imprisonment of his person until payment thereof.

And that the ensuing clauses in the said Article, viz. ‘We desire that it may by your Highness’ consent be ordained, that forty-one Commissioners be appointed by Act of Parliament, who, or five, or more of them, shall be authorised to examine and try whether the members to be elected for the House of Commons in future Parliaments be capable to sit, according to the qualifications mentioned in this Petition and Advice; and in case they find them not qualified accordingly, then to suspend them from sitting until the House of Commons shall, upon hearing their particular cases, admit them to sit; which Commissioners are to stand so authorised for that end, until the House of Commons in any future Parliament shall nominate the like number of other Commissioners in their places; and those other Commissioners so to be nominated in any future Parliament, to have the same power and authority. That the said Commissioners shall certify in writing to the House of Commons, on the first day of their meeting, the cause and grounds of their suspensions of any person so to be elected as aforesaid; that the accusation shall be upon oath of the informant, or of some other person. That a copy of the accusation shall be left by the party accusing, in writing under his hand, with the party accused, or, in his absence, at his house in the county, city or town for which he shall be chosen, if he have any such house, or if not, with the Sheriff of the county, if he be chosen for a county, or with the Chief Magistrate of the city or borough for which he is chosen’; shall not be put in execution or made use of, but shall be void, frustrate, null, and of none effect, and shall be so construed and taken to all intents and purposes whatsoever, anything contained in the said Petition and Advice to the contrary notwithstanding.

In the fifth Article.

That the nomination of the persons to supply the place of such members of the other House as shall die or be removed, shall be by your Highness and your successors.

In the seventh Article.

That the monies directed to be for the supply of the sea and land forces, be issued by advice of the Council; and that the Treasurer or Commissioners of the Treasury shall give an account of all the said money to every Parliament.

That the Officers of State and Judges, in the ninth Article of the said Petition and Advice mentioned, shall be chosen in the intervals of Parliament, by the consent of the Council, to be afterwards approved by Parliament.

That your Highness will be pleased, according to the usage of former Chief Magistrates in these nations, and for the better satisfaction of the people thereof, to take an oath in the form ensuing:

‘I do in the presence, and by the name of God Almighty, promise and swear, that to the uttermost of my power I will uphold and maintain the true reformed Protestant Christian religion, in the purity thereof, as it is contained in the Holy Scriptures of the Old and New Testament, to the uttermost of my power and understanding, and encourage the profession and professors of the same; and that to the uttermost of my power I will endeavour, as Chief Magistrate of these three nations, the maintenance and preservation of the peace and safety, and of the just rights and privileges of the people thereof; and shall in all things according to my best knowledge and power, govern the people of these nations according to law.’

That your Highness’ successors do, before they take upon them the government of these nations, take an oath in the form aforesaid.

That all such persons who now are or shall hereafter be of The Privy Council of your Highness or successors, before they or either of them do act as Councillors, shall respectively take an oath before persons to be authorised by your Highness and successors for that purpose, in the form following:

‘I, A. B., do in the presence, and by the name of God Almighty, promise and swear, that to the uttermost of my power, in my place, I will uphold and maintain the true reformed Protestant Christian religion, in the purity thereof, as it is contained in the Holy Scriptures of the Old and New Testament, and encourage the profession and professors of the same; and that I will be true and faithful to His Highness the Lord Protector of the Commonwealth of England, Scotland, and Ireland and the dominions thereto belonging, as Chief Magistrate thereof; and shall not contrive, design or attempt any thing against the person or lawful authority of his said Highness, and shall keep secret all matters that shall be treated of in Council, and put under secrecy, and not reveal them but by command or consent of his Highness, the Parliament or the Council, and shall in all things faithfully perform the trust committed to me as a Councillor, according to the best of my understanding, in order to the good government, peace and welfare of these nations.’

That the same oath be taken by the members of your Highness’ Council of Scotland and Ireland.

That every person who now is, or hereafter shall be, a member of either House of Parliament, before he sit in Parliament, shall, from and after the 1st day of July, 1657, take an oath before persons to be authorised and appointed by your Highness and successors for that purpose, in the form following:

‘I, A. B., do in the presence, and by the name of God Almighty, promise and swear, that to the uttermost of my power, in my place, I will uphold and maintain the true reformed Protestant Christian religion, in the purity thereof, as it is contained in the Holy Scriptures of the Old and New Testament, and encourage the profession and professors of the same; and that I will be true and faithful to the Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the dominions and territories thereunto belonging, as Chief Magistrate thereof, and shall not contrive, design or attempt anything against the person or lawful authority of the Lord Protector, and shall endeavour as much as in me lies, as a member of Parliament, the preservation of the rights and liberties of the people.’

That your Highness would be pleased in convenient time, before the next meeting of this Parliament, to cause several summons in due form of law, to be issued forth to such persons as your Highness shall think fit (being qualified according to the humble Petition and Advice of the Parliament, whereto your Highness hath consented), to sit and serve as members in the other House of Parliament; by which summons the said persons shall be respectively commanded to be, and personally to appear at a certain place and time, to be appointed by your Highness, to give their advice and assistance, and to do such things concerning the great and weighty affairs of this Commonwealth, as to the other House of Parliament doth appertain by the said humble Petition and Advice.

That the persons so summoned and assembled together, shall be, and are hereby declared to be, the other House of Parliament; and shall, and may without further approbation of this House, from such time of their meeting, proceed to do and perform all such matters and things as the other House of Parliament ought to do and perform, and shall and may have and exercise all such privileges, powers and authorities as the other House of Parliament ought, by the aforesaid humble Petition and Advice to have and exercise; the said humble Petition and Advice, or anything therein contained to the contrary thereof notwithstanding.

Which Petition being presented the 26th day of June, 1657, his Highness’ answer thereunto was read by the Clerk of the Parliament in these words,

The Lord Protector doth consent.

104.

The Writ summoning Richard Cromwell to the House of Lords of the Protectorate.

Oliver, Lord Protector of the Commonwealth of England, Scotland and Ireland, and the dominions and territories thereunto belonging: to our trusty and beloved son, Lord Richard Cromwell, greeting.

Whereas, by the advice and assent of our Council, for certain great and weighty affairs concerning us and the state and defence of the said Commonwealth, we ordained our present Parliament to be held at our city of Westminster, the 17th day of September, in the year of our Lord 1656, and there to consult and advise with the knights, citizens and burgesses of our said Commonwealth; which Parliament was then and there held, and continued until the 26th day of June last past, and then adjourned until the 20th day of January now next coming; therefore we command and firmly enjoin you, that, considering the difficulty of the said affairs and imminent dangers, all excuses being set aside, you be personally present at Westminster aforesaid, the said 20th day of January next coming there to treat, confer, and give your advice with us, and with the great men and nobles in and concerning the affairs aforesaid; and this, as you love our honour and safety, and the defence of the Commonwealth aforesaid, you shall in no wise omit.

Witness ourself at Westminster, the 10th day of December, 1657.

105.

The Declaration of Breda.

Charles R.

Charles, by the grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c. To all our loving subjects, of what degree or quality soever, greeting.

If the general distraction and confusion which is spread over the whole kingdom doth not awaken all men to a desire and longing that those wounds which have so many years together been kept bleeding, may be bound up, all we can say will be to no purpose; however, after this long silence, we have thought it our duty to declare how much we desire to contribute thereunto; and that as we can never give over the hope, in good time, to obtain the possession of that right which God and nature hath made our due, so we do make it our daily suit to the Divine Providence, that He will, in compassion to us and our subjects, after so long misery and sufferings, remit and put us into a quiet and peaceable possession of that our right, with as little blood and damage to our people as is possible; nor do we desire more to enjoy what is ours, than that all our subjects may enjoy what by law is theirs, by a full and entire administration of justice throughout the land, and by extending our mercy where it is wanted and deserved.

And to the end that the fear of punishment may not engage any, conscious to themselves of what is past, to a perseverance in guilt for the future, by opposing the quiet and happiness of their country, in the restoration of King, Peers and people to their just, ancient and fundamental rights, we do, by these presents, declare, that we do grant a free and general pardon, which we are ready, upon demand, to pass under our Great Seal of England, to all our subjects, of what degree or quality soever, who, within forty days after the publishing hereof, shall lay hold upon this our grace and favour, and shall, by any public act, declare their doing so, and that they return to the loyalty and obedience of good subjects; excepting only such persons as shall hereafter be excepted by Parliament, those only to be excepted. Let all our subjects, how faulty soever, rely upon the word of a King, solemnly given by this present declaration, that no crime whatsoever, committed against us or our royal father before the publication of this, shall ever rise in judgment, or be brought in question, against any of them, to the least endamagement of them, either in their lives, liberties or estates, or (as far forth as lies in our power) so much as to the prejudice of their reputations, by any reproach or term of distinction from the rest of our best subjects; we desiring and ordaining that henceforth all notes of discord, separation and difference of parties be utterly abolished among all our subjects, whom we invite and conjure to a perfect union among themselves, under our protection, for the re-settlement of our just rights and theirs in a free Parliament, by which, upon the word of a King, we will be advised.

And because the passion and uncharitableness of the times have produced several opinions in religion, by which men are engaged in parties and animosities against each other (which, when they shall hereafter unite in a freedom of conversation, will be composed or better understood), we do declare a liberty to tender consciences, and that no man shall be disquieted or called in question for differences of opinion in matter of religion, which do not disturb the peace of the kingdom; and that we shall be ready to consent to such an Act of Parliament, as, upon mature deliberation, shall be offered to us, for the full granting that indulgence.

And because, in the continued distractions of so many years, and so many and great revolutions, many grants and purchases of estates have been made to and by many officers, soldiers and others, who are now possessed of the same, and who may be liable to actions at law upon several titles, we are likewise willing that all such differences, and all things relating to such grants, sales and purchases, shall be determined in Parliament, which can best provide for the just satisfaction of all men who are concerned.

And we do further declare, that we will be ready to consent to any Act or Acts of Parliament to the purposes aforesaid, and for the full satisfaction of all arrears due to the officers and soldiers of the army under the command of General Monk; and that they shall be received into our service upon as good pay and conditions as they now enjoy.

Given under our Sign Manual and Privy Signet, at our Court at Breda, this 4/14 day of April, 1660, in the twelfth year of our reign.

[1 ] The names of fifteen members are given here.

[1 ] MS. authoritive.

[1 ] hunter in MS.

[1 ] ? a quorum.

[1 ] This clause was altered by the insertion of the words in italics on Jan. 12. See Commonwealth and Protectorate, iii. 241.

[1 ] i.e. 165½.

[1 ] i. e. 164½.

[1 ] In quoting the articles, it should be remembered that both Scobell and the official publication (B. M. Press Mark, E 1065, 18) number them wrongly from this point.

[1 ] i.e. 16 49/50.

[1 ] i.e. 16 49/50.