the Lord Protector and Councell are inabled to doe 33. That O. Cromwell Captain Generall of the Forces of England Scotland and Ireland shall be and is hereby declared to be Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging for his life 34. That the Chancellor Keeper or Commissioners of the Great Seal the Treasurer Admirall chiefe Governors of Ireland and Scotland and the chiefe Justices of both the Benches shall be chosen by the approbation of Parliament and in the intervalls of Parl. by the approbation of the major part of the Councell to be afterwards approved by the Parl. 35. That the Christian Religion contained in the Scriptures be held forth recommended as the publick profession of these Nations and that as soon as may be a provision lesse subject to scruple and contention and more certain then the present be made for the encouragement and maintenance of able and painfull Teachers for instructing the people and for discovery and confutation of Error Heresie and whatever is contrary to sound Doctrine And that untill such provision be made the present maintenance shall not be taken away nor impeached 36. That to the publick profession held forth none shall be compelled by penalties or otherwise but that endeavors be used to win them by sound Doctrine and the example of a good conversation 37. That such as professe Faith in God by Jesus Christ though differing in judgement from the Doctrine worship or Discipline publickly held forth shall not be restrained from but shall be protected in the profession of the Faith and exercise of their Religion so as they abuse not this liberty to the civill injury of others and to the actuall disturbance of the â—ublick peace on their parts provided this liberty be not extended to popery nor prelacy nor to such as under the profession of Christ hold forth and practise licentiousnesse 38. That all Laws Statutes Ordinances and Clauses in any Law Statute and Ordinance to the contrary of the aforesaid Liberty shall be esteemed as null and void 39. That the Acts and ordinances of Parliament made for the sale or other disposition of the Lands Rents and Hereditaments of the late King Queen and Prince of Arch-Bishops and Bishops c. Deans and Chapters the Lands of Delinquents and Forest Lands or any of them or of any other Lands Tenements Rents and Heriditaments belonging to the Common-wealth shall no wayes be impeached or made invalid but shall remain good and firme And that the Securities given by Act and Ordinance of Parliament for any sum or sums of mony by any of the said Lands the Excise or by any other publick Revenue and also the Securities given by the publick Faith of the Nation and the engagement of the publick Faith for satisfaction of Debts and Damages shall remain firm and good and not be made voyd and invalid upon any pretence whatsoever 40. That the Articles given to or made with the Enemy and afterwards confirmed by Parliament shall be performed and made good to the persons concerned therein And that such appeals as were depending in the last Parliament for reliefe concerning Bils of sale of Delinquents Estates may be heard and determined the next Parl. any thing in this writing or otherwise to the contrary notwithstanding 41. That every successive L. Protector over these Nations shall take and subscribe a solemn Oath in the presence of the Councell such others as they shall call to them that he will seek the peace quiet and welfare of these Nations cause law and Justice equally to be administred and that he will not violate or infringe the matters and things contained in this writing and in all other things will to his power and to the best of his understanding govern these Nations according to the Laws Statutes and Customs 42. That each person of the Councel shall before they enter upon their Trust take subscribe an Oath That they will be true and faithfull to their Trust according to the best of their knowledge and that in the election of every successive Lord Protector they shall proceed therin impartially and do nothing therein for any promise fear favour or reward Aprill 25. 1654. Four Ordinances were published touching Scotland â—â—â—ting Scoctland into one Common-wealth with England St Andrews â—â—â—osse the Scots Arms be born in the Arms of this Common-wâ—â—tâ— THirty persons to be called from Scotland in every Parliament That Charls Stewart and all of the late Kings posterity be disabled to enjoy the Crown of Scotland or Name Title Stile Dignity Honors or any Possessions of any Hereditaments thereto belonging As also the Convocation of the three Estates of Scotland to be abolished That Custom and Excise of Goods be no otherwise between England and Scotland then from one place of England to another That Taxes be proportionable to England And that all Possessors of Lands after Apr. 12. 1654. shall hold their Lands of the Lords by Deed Patent or Enfeoffment to be renewed upon the death of every Heritor to his Heirs under such Rents and Services as are due by Deeds now in being without rendring any other duty service vassalage or demand whatsoever except Heritors where the same are due A Court Barron every three weeks to Judge all Contracts Debts Promises and Trespasses not exceeding 40 s. sterling July 1. 1654. The High Court of Justice met in Westminster-hall the Lord Com. Lisle sate as President their Commission was read and the Court called over by their names Mr. Atturney Gen. Prideaux Mr. Sollicitor Gen. Ellis and Mr. Serjeant Glin were Counsell for his Highnesse the Lord Protector The Lieut. of the Tower first brought Mr. Somerset Fox one of the Conspirators in the late Treason to the Bar and Mr. Atturney Gen. then presented a Charge of High Treason against him ingrossed in parchment to the Court which was read The Prisoner said very little to it but made a Confession to the Court of so much as he said he was guilty of having some few dayes before made the like confession and given it under his hand as the tru h and accordingly owned it in Court his confession under his own hand was also read which did discover what was his part to act as an Agent in this bloody designe The Court having satisfied thâ—mselves concerning Mr. Fox the Lievt of the Tower brought Mr. John Gerrard and Mr. Peter Vowell to the Bar where Fâ—x also stood and the like Charge of High Treason was read against them also which Charge consisted of these heads viz. The murdering of his Highness the Lord Protector as he should go to Hampton Court on a Saterday prefixt The seizing of all the Guards about Whitehall the Mews St. Jameses the making of themselves masters of the City of London and the Tower with all the Magazines within the same The proclaiming of Charls Stuart King chief Magistrate of England Scotland and Ireland and the
Dominions thereunto belonging and other high Treasons tending to involve the Common-wealth in a new bloody war To which charge of High Treason the said Gerard and Vowel pleaded Not guilty pretending much ignorance and that they were innocent of the knowledge of any such designe and did very much presse the Court to grant them Counsell to advise withall and that they might be tried by a Jury which being not to be granted unto them and waved severall Witnesses were produced upon their Oaths to make appear what they were charged with as John Wiseman Dr. Hudson a blind man Mr. Charls Gerhard Brother to the Prisoner Capt. Dale one Mr. Wharton and others who did sufficiently prove That Mr. Gerrard was to command the party who were to murder his Highnesse the L. Protector as he was going to Hampton Court with thirty Horse and that the said Gerrard had engaged to bring 25 of the 30 and Maj. T Henshaw was to bring 5 more and it was also proved against him that he with Maj. Henshaw and the Witnesse J. Wiseman did view the severall Guards at Whitehall the Mewes and St. Jameses and had computed and designed 600 Horse as sufficient to seize and secure those Guards appointing also a party of Horse to march into Tuttle-fields as friends and so to fall upon the forces then mustering and cut them off It was also proved against him by his Brother Mr. Charles Gerrard that he was at severall meetings at his own Chamber near Essex house and at other places with Maj. Henshaw and Finch and others about this designe and particularly at Mr. Jones his House in Rose street in Covent Garden where in a Chamber Henshaw and Finch gave an account that they had each of them listed 800 men to be ready at a dayes warning severall other things were proved which he obstinately denied but confest his name was much used therein but was no intent Actor And for Mr. Vowell severall Witnesses upon their Oaths did testifie that he was at many meetings with Henshaw Finch Gerhard and other of the Plotters to contrive the management of this businesse being a person thought more fit to be a Councellor then an Actor and his reward should have been to be Master of Suttons Hospitall and it was also proved against him though he could not act himselfe yet he promised to procure those that should act and did engage one Capt. Billingsley who undertook to provide Riders for the Horses who should be taken out of Islington fields it was also proved his buying of Pistols and many other things sufficient to prove his hand deep in the businesse And for Somerset Fox he confessed so much as saved the Court much trouble in examining witnesses His part was to engage as many Apprentices and Citizens of London as he could in the businesse that so when the falling on was upon the Guards at White hall the Mewes and St. Jameses and Col. Ingeldsbies Regiment in Southwark and the rest of the Plot was in agitation there might be a rising and tumult made purposely in the City to imploy what force was there that no help might come elsewhere and the Lord Mayor was to have been seized and carried to proclaim Charls Stuart King at the Exchange and Dr. Wharton was to see him proclaimed yet notwithstanding all these witnesses Gerhard and Vowell denyed they knew of any thing of such a designe but they were not so satisfied but that a base design was intended too unworthy for a Gentleman to have his hand in as did further appear by the testimony of John Wiseman who did relate his going over into France with his brother in Law Maj. Henshaw where they met the said Mr. Gerhard at Paris and there had free accesse to the pretended King of Scots about this designe and received great encouragement in the businesse from Prince Rupert whereupon Henshaw and Wiseman returned into England and Mr. Gerhard came over about 3 weeks after to put the businesse in agitation immediately upon his arrivall the said Henshaw Finch c. repaired to his lodging near Essex house and received an account of the busines and so proceeded to act as the said Wiseman testified The Witnesses being all examined and the Prisoners heard what they could say for themselves the Attorney Gen. Solicitor Gen. and the Councell for the Commonwealth summ'd up all the Evidences and drew them into severall heads which they presented to the Court with the Prisoners at the Bar as objects of their Justice the said Gerhard and Vowell still remaining obstinate The Prisoners were commanded back to the Tower July 6. The Portugall Ambassadors Brother and the rest weâ—e againe brought to their Tryall at the Vpper Bench at Westminster and a Jury of 12 men whereof 6 Denizes and 6 Aliens Impannel'd and swore The Ambass Brother pleaded very hard his ignorance in the Lawes of England and desired Councell but that was denied and he told That the Court were of Councell equall and alike to him as to the Common-wealth and would doe according to Law and the Justice of the Cause Hereupon many Witnesses were sworn and examined and upon full hearing of the Evidence and what the Prisoners could say the Jury withdrew and in a short time returned and delivered their Verdict by their Foreman all agreeing finding them all 5 guilty of the murther and Felony for which they stood indicted whereupon Judgement was afterwards pronounced after a short speech made by the L Chief Justice Rolls in the name of the Court That they should return from whence they came and from thence be carried to the place of Execution there seveally to be hanged by the neck till they are dead The day appointed Saturday but the Prisoners moved for respite till Monday which was granted This afternoon also the High Court of Justice sat in Westminster-hall and there was brought before them Mr. Gerard Mr. Vowel and Mr. Fox who were demanded what they had more to say for themselves Gerhard and Vowell spake much to excuse themselves notwithstanding what had been proved against them after which the L. President Lisle made a learned speech to convince them of the desperate wickednesse of their designe and how fully the Charge had been proved and what punishments the Law had provided in such cases after which the Sentence of the Court was read severally to all three to this effect That upon mature consideration of the Treasons and Murthers plotted and contrived by them against his Highnesse the Lord Protector and the Common-wealth and raising a bloody war in the same the Court did adjudge them to be hanged by the neck untill they be dead Mr. Gerhard desired the Execution might be altered that he might be beheaded or shot to death and therefore petitioned to the Lord Protector About 4 in the afternoon Mr. John Gerhard was brought to the Scaffold on Tower-hill his behaviour was sprightly the substance of his discourse Cavalier-like boasting himselfe of the
A COPY of the LETTER FROM His Excellency the Lord Generall CROMWELL SENT TO THE MEMBERS OF PARLIAMENT Called to take upon them the Trust of the Government of this Common-wealth WHICH Began on Munday the Fourth of June 1653. The day appointed by the Letters of Summons from his Excellency the Lord Gen. Cromwell for the meeting of these GENTLEMEN With the severall Transactions since that time LONDON Printed by M. S. for Tho Jenner at the South-entrance of the Royall Exchange 1656 A COPY of the LETTER From his Exccellency the Lord Generall Cromwell sent to the Members of Parliament called to take upon them the Trust of the Government of this Common-wealth FOrasmuch as upon the dissolution of the late Parliament it became necessary that the Peace Safety and Goverment of this Common-wealth should be provided for and in order thereunto divers persons fearing God and of approved fidelity and honesty are by my Selfe with the advice of My Counsel of Officers nominated to whom the Charge and Trust of so weighty Affaires 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 Common-wealth I Oliver Cromwell Captain Generall and Commander in Chief of all the Armies and Forces raised and to be raised within this Common-wealth do hereby summon and require you being one of the persons nominated personally to be and appear at the Counsell Chamber commonly known or called by the name of the Councell Chamber at White Hall within the City of Westminster upon the fourth 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 And hereof you are not to fail Given under My hand and seale the day of June 1653. O CROMWELL Monday June 4. 1653. This being the day appointed by the Letters of Sâ—mmons from his Excellency the Lord General Cromwell for the meeting of those Gentlemen that were called to the Supream Authority they met accordingly in the Councell Chamber where being entred the Room above one hundred and twenty in number and being set round about the Table the Lord Generall standing by the window opposite to the middle of the Table and having as many of the Army-Officers as the room could well contein on his right hand and on his left his Lordship made a very grave Christian and seasonable speech and Exhortation wherein he breifly recounted the many great and wondrous mercyes of God towards this Nation and the Series of providence wherein the presence of God did wonderfully appear in carrying on this Cause and bringing affaires into the present condition beyond all expectation ascribing the glory of all to God alone He set forth also in particular the progresse of affaires since the famous victory at Worcester wherein that Arch Enemy of this nation was wholly subdued He likewise laid down the actings of the Army there upon after divers applications to the Parliament and much being wanting and forbearance together with the grounds and necessity of their dissolving the said Parliament which his Excellency declared to be for the presevation of this Cause and the interest of all honest men who have been ingaged therein Moreover he very amply held forth the clearenesse of the Call given to the present Members to take the Supream Authority and did from the Scriptures exhort them to their duties and incourage them therein desiring that a tendernes might be used towards all godly and conscientious persons of what judgment and under what form soever Which being ended his Lordship produced an instrument under his own hand and seale wherby he did with the advise of his Officer devolve and entrust the Supream Authority and Government of this Common-wealth into the hands of the persons then met who or any forty of them are to be held and acknowledged the Supream Authority of the Nation unto whom all persons within the same and the Territories thereunto belonging are to yeild obedience and subjection And they are not to sit longer then the 3 day of November 1654. Three months before their dissolution they are to make choyce of other persons to succeed them who are not to sit longer then a twelve month but it is left to them to take care for a succession in Government which Instrument being delivered to the persons aforesaid his Lordship commended them to the Grace of God This being done his Excellency and his Officers withdrew and the said persons so met having the Supream Authority put into their hands after some short space adjourned till the next morning eight a clock and appointed to meet in the old Parliament House there to seek God for direction in this great work and for his presence and blessing therein Hereupon without doing any further businesse they all departed The Names of the Members of Parliament which began June 4. 1653. With the respective Counties for which they serve Berks. SAmuell Dunch Vincent Goddard Thomas Wood Bedford Nathaniell Taylor Edward Cater Edward Cater Buckingham George Fleetwood George Baldwin Cambridge John Sadler Thomas French Robert Castle Samuell Warner Chester Robert Duckenfield Henry Birkinhead Four Nothern Counties Charles Howard Robert Fenwick Henry Dawson Henry Ogle Cornwall Robert Bennet Francis Langdon Anthony Rous John Bawden Derby Jervas Bennet Nathanael Barton Devon George Monke one of the Generalls at Sea John Carew Thomas Sanders Christopher Martin James Erisey Francis Rous Richard Sweâ—â— Dorcet William Sydenham John Bingham Essex Joachim Matthews Henry Barington John Brewster Christopher Earle Dudley Templer Goucester John Crofts William Neast Robert Holmes Southampton Richard Norton Richard Major John Hyldesley Hertford Henry Lawrance William Reeve Hereford Wroth Rogers John Herring Huntington Edward Montague Stephen Phesaunt Kent Lord Viscount Lisle Thomas Blount William Kenrick William Cullen Andrew Broughton Lancaster William West John Sawrey Robert Cunl ffe Leicester Henry Danvers Edward Smith John Prat Lincoln Sir William Brownelow Richard Cust Barnâ—by Bowtell Humphrey Walcot William Thompson Middlesex Sir Willam Roberts Augustine Wingfield Arthur Squib Monmouth Philip Jones Northampton Sir Gilbert Pickering Thomas Brook Norfolk Robert Jermy Tobias Fecets Ralph Walmer Henry King Willam Burton Nottingham John Oddingsels Edward Chid Oxon Sir Charles Wolsley William Draper Dr. Jonathan Goddard Rutland Edward Horseman Salop. William Botterel Thomas Baker Stafford George Bellit John Chetwood Suffolk Jacob Caley Francis Brewster Robert Dunkon John Clark Edward Plumstead Somerset Robert Blake one of the Generalls at Sea John Pine Dennis Hollister Henry Henly Surrey Samuel Hickland Laurence March Sussex Anthoney Stapley William Spence Nathanaell Studely Warwick John St. Nicholas Richard Lucy Wilts Sir Anthony Ashley Cooper Nicholas Greene Thomas Eyre Worcester Richard Salway John James Yorke George Lord Evrâ— Walter Strikland Francis Lassols Iohn Anlaby Thomas Dickenson Thomas St. Nicholas Roger Coats Edward Gill London Robert Tichborn John Ireton