Decem. it shall be The Jurors for the Lord Protector of the Common-wealth of England Scotland and Ireland c. doe say present and no other c. And it is further Ordained by the Authority aforesaid That in all Oaths to be given to any Grand or Petty Jury or to or for any Witnesses to give in Evidence to any such Jury or Juries and all other Oaths wherein the name of Keepers of the Liberty c. was wont to be used the same shall be given in the name of the Lord Protector instead of the name of the said Keepers c. any Law Usage or Custom to the contrary in any wise notwithstanding And it is lastly Ordained by the Authority aforesaid That such Forms and course of proceedings as was heretofore used in the name and time of the Keepers of the Liberty c. in Causes criminal or civil of which no alteration is made in this Ordinance shall stand and continue to be so used and observed as formerly that all Indictments Presentments Inquisitions Commissions Captions made with such Alterations Additions or Omissions as aforesaid or with such other Omissions Additions or Alterations as shall be proper and necessary for making good of Indictments Presentments Commissions Captions Inquisitions and supplying the sence and meaning thereof according to the present Government of this Common-wealth under the Lord Protector as aforesaid shall stand and be good and effectuall in Law to all intents and purposes as if the same had been particularly herein named any Law Custom or Usage to the contrary in any wise notwithstanding The Oath taken by his Highnesse Oliver Cromwell LORD PROTECTOR WHereas the major part of the last Parliament judging that their sitting any longer as then constituted would not be for the good of this Com did dâ—ssolve the same and by a writing under their hands dated the 12 day of this instant Dec. resigned unto Me their powers and Authorities And whereas it was necessary thereupon That some speedy course should be taken for the settlement of these Nations upon such a Basis and foundation as by the blessing of God might be lasting secure Property and answer those great ends of Religion and liberty so long contended for And upon full and mature consideration had of the Form of Government hereunto annexed being satisfied that the same through divine assistance may answer the ends aforementioned And having also been desired and advised as well by severall persons of Interest and Fidelity in this Common-wealth as the Officers of the Army to take upon Me the Protection and Government of these Nations in the manner expressed in the said Form of Government I have accepted thereof and do hereby declare My acceptance accordingly And do promise in the presence of God that I will not violate and infringe the matters and things contained therein but to My power observe the same and cause them to be observed And shall in all other things to the best of My understanding Govern these Nations according to the Laws Statutes and Customs seeking their Peace and causing Justice and Law to be equally administred O. CROMWEL OLIVER CROMWEL Captain Generall of all the Forces of this Common wealth and now declared Lord Protector thereof did this 16 day of Decem. 1653. sign this Writing and solemnly promise as is therein contained in presence of the Lords Commissioners of the Great Seal of Engl. who administred the same Oath and of the Lord Mayor and Alderm of the City of London divers of the Judges of the Land the Officers of State and Arâ—y and many other persons of Quality His Excellencie Oliuer Cromwell Generall of all the Foâ—der of England Scotland Ireland Chancelour of the Vniuersity of Oxford 〈◊〉 Lord Protector of Eng Scot Ire Tho Ienner fecit The Government of the Common-wealth of England Scotland and Ireland 1. THat the Supreâ—m Legislative Authority of the Common-wealth of England Scotland and Ireland and the Dominions thereunto belonging shall be and reside in One Person and the people assembled in Parliament the Stile of which person shall be Lord Protector of the Common-wealth of England Scotland and Ireland 2. That the exercise of the chiefe Magistracy and Administration of the Government over the said Countries and Dominions the people thereof shall be in the Lord Protector assigned with a Councell the number whereof shall not exceed 21 nor be lesse then 13. 3. That all Writs Proces Commissions Patents Grants and other things which now run in the name and stile of the Keepers of the Liberty of England by Authority of Parliament shall run in the Name and Stile of the Lord Protector from whom for the future shall be derived all Magistracy and Honours in these three Nations and shall have the power of Pardons eâ—cept in case of Muder and Treason and benefit of all Forfeitures 〈◊〉 â—he publick use And shall Govâ—â—◠〈…〉 â—â—tions in all tâ—â—â—gs by the 〈…〉 to these presents and the 〈…〉 4. 〈…〉 sitâ—â—â—â—â—all dispose an◠〈…〉 â—â—th by Sâ—â— and Land for the 〈◊〉 and goodliâ—â—◠〈…〉 consent of Parliament And 〈…〉 advice and consent of the maâ—â—◠〈…〉 dispose and order the Misitia for the 〈…〉 â—he Intervaâ—â—â— of Parliament 5. That the Lord Protector by the advice aforesaid shall direct in all things concerning the keeping and holding of a good correspondency with Forreign Kings Princes States and also with the consent of the major part of the Councell have the power of war and peace 6. That the Laws shall not be altered suspended abrogated or repealed nor any New Law made nor any Tax Charge or Imposition laid upon the people but by common consent in Parliament save onely as is expressed in the thirtieth Article 7. That there shall be a Parliament summoned to meet at Westminster upon the third day of Septemb. 1654. and that successively a Parliament shall be summoned once in every third year to be accounted from the dissolution of the preceding Parliament 8. That neither the Parliament to be next summoned nor any successive Parliaments shall during the time of 5 months to be accounted from the day of their first meeting be adjourned prorogued or dissolved without their own consent 9. That as well the next as all other successive Parliaments shall be summoned and elected in manner hereafter exprest That is to say the persons to be chosen within Engl Wales the Isles of Jersey and Guernsey and the Town of Berwick upon Tweed to sit and serve in Parliament shall be and not exceed the number of four hundred The persons to be chosen within Scotland to sit and serve Parliament shall be and not exceed the number of thirty And the persons to be chosen to sit in Paâ—liament for Ireland shall be and not exceed the number of thiâ—ty 10. That the persons to be Elected to sit in Parliament from time to time for the severall Counties of Engl Wales the Isles of Jersey and Guernsey and the Town
and coats of Male or Armour some one thing some another to preserve their bodies from swords entring upon them They had also two or three Coaches that brought Ammunition in which were hand Granadoes and Bottles and some little barrells of powder and bullets and other necessaries if occasion was They had also some Boats ready to attend them at the water side if occasion was for them also Thus they came with a resolution to fall upon every English Gentleman they should find in or about the Exchange and entring in with this equipage the people were exceedingly frighted For first came in the Captaine in the Buffe who led them and after him the Portugall Ambassadors brother and the Knights of Malta and so the rest all with drawn swords and in so furious a posture as if they intended to kill every body they met with that stood before them Hereupon the people fled into the shops in the Exchange to shelter themselves and all that did not so they fell upon though no man gave them the least affront yet they pistol'd and cut and wounded many Mr. Greneway a Gentleman of Grayes Inne Son to the Lady Greneway was there with his Sister and a Gentlewoman whom he was to have married who desired them two to staâ—d up in a shop where he saw them safe and they would have had him to have staid with them but he said he would onely goe see what was the matter but he was no sooner parted from them but immediately the word being given by the Portugall Captaine in Buffâ— which was Safa which was the word when they were to fall on without any affront offered towards them one of them pistol'd him and shot him in the head and he is dead of his wounds and many others tâ—ey have dangerously wounded Col. Mayo had twelve upon him at once yet drew his sword and fought with them as long as he was able to hold his sword in his hand which being cut he was forced to let his sword fall and then cut and wounded him in many places Mr. Tho Howard Mr. Carter and divers others were wounded passing by The Horse at the Muse had taken alarm before they returned and returning home passing by the Muse some of the Horse mo ing towards them some of them discharged pistols towards the Horse and the rest run home to the Ambassadours house but the Horse guards took some of them and carried them into the Muse and sent word thereof to the Lord Generall and a party of horse pursued them and beset the Ambassadors house And Commis Gen. Whalley sent into the Ambassador acquainted him with this horrible attempt and bloody murther of his Followers and shewed him his men they had taken prisoners and required the chiefe of the rest of them to be delivered in the hands of Justice which the Ambassador was loath to doe But seeing he could not baffle them to stop the course of justce in so horrible a bloody businesse as that had been he delivered up his brother and one of the Knights of Malta and some others such as they had then information was chiefe and promised to secure the rest to be forth-coming any of them when they should be demanded After which the Ambassador made his Addresse to the Lord Generall and chiefly for his brother but his Excellency told him that it did concern the publick and therefore his Addresses must be to the Parliament and Councell of State It is such a horrible businesse that his Excellency would not meddle with him in it The Portugals that are in custody are prisoners at Jameses and the businesse is under Examination before the Councell of State For his Highness the Lord Protector of the Common-wealth of England Scotland and Ireland The Declaration with the humble Addresse of the Generalls and the severall Commanders present in the Fleet by them severally subscribed THat these Nations of England Scotland and Ireland having been for some years like the Bush which burned but is not consumed And though the Nations round about us stand gazing on to see us made a desolation as well as a hissing unto them yet we are hitherto by the mighty power of the Lord and his wonderfull out-goings amongst us made rather an astonishment in our preservation then a reproach by our ruine and devastation In which great Work of the Lord we acknowledge with thankfulnesse your Highnesse hath been a glorious Instrument and hath undergone many hardships and hazard of all that was near and dear unto you even to life it selfe and understanding by providence your Highnesse is intrusted with and hath excepted of the Protection of this Common-wealth in the Government thereof We are in hopes that the Lord intends a settlement of Peace to these poor distracted Nations and that our selves with all the people of the Lord shall enjoy and partake of the same under your Highnesse Protâ—ction according to the Rule of the Lord Jesus And therefore we have thought it necessary as a duty incumbent on us to Declare that we shall willingly be obedient and faithfull to your Highness in performance of your great Trust and also in the utmost hazzard of our lives with what else is near and dear unto us be serviceable unto you in the station the Lord hath placed you against yours and the Common-wealths Enemies in our severall places and capacities during our Employments And having had good testimony of your great affection and earning bowâ—â—ls after the weale of Gods people wee are emboldned anâ—â—ncouraged in all humility to make this following Addrâ—â—â— That your â—â—â—hnesse will be pleased to have a more speciall eye of faâ—â—â—â— unto them above all others in regard they are near and dear unto him who is the Lord of Lords and King of Kings even our Lord Jesus For which cause he is ashamed to call them brethren And doe humbly apprehend that their priviledges will be your priviledge And to account of them as of your greatest Jewells which will doubtlesse turne to your great advantage And hereby you will for time to come not onely ingage their hearts unto you who in times past have not stood at a distance from you but your Highnesse will also ingage the great Jehovah your and their Father to be be a refuge shield and defence unto you as well as an everlasting rest for you when all the storms of this Common-wealth shall cease which is and shall be the unfeigned prayers of Your Highnesse most humble and faithfull Servants Signed by the Generalls and the severall Commanders present in the Fleet. Monday Dec. 12. 1653. It being moved That the sitting of this Parliament was not for the peace of the Common-wealth and that therefore it was requisite to deliver up unto the Lord Generall Cromwell the powers which they received from him and seconded by severall other Members and the Speaker with many of the Members departed to Whitehall being the greater number and did by a writing under their
Parliament shall as often as such failer shall happen assemble and be held at Westminster in the usuall place at the times prefixt c. 21. That the Clerk called the Clerk of the Commonwealth in Chancery for the time being and all others who shall afterwards execute that Office to whom the Returns shal be made shall for the next Parliament the two succeeding Trieniall Parliaments the next day after such Return certifie the names of the several persons so returned and of the places for which he and they were chosen respectively unto the Councel who shall peruse the said Returns and examine whether the persons so Elected and Returned be such as is agreeable to the Qualifications not disabled to be Elected And that every person and persons being so duly Elected and being approved of by the major part of the Councell to be persons not disabled but qualified as aforesaid shall be esteemed a Member of Parliament and be admitted to sit in Parliament and not otherwise 22 That the persons chosen and assembled in manner aforesaid or any sixty of them shall be and be deemed the Parliament of England Scotland Ireland and the Supream Legâ—slâ—tive power to be and reside in the Lord Protector and such Parliament c. 23. That the Lord Protector with the advice of the major pa t of the Councel shall at any other time then is before exprest when the necessities of the State shall require it summon Parliaments in manner before exprest which shall not be adjourned prorogued or dissolved without their own consent during the first three months of their sitting And in case of future war with any Forreign State a Parliam shall be forthwith summoned for their advice concerning the same 24. That all Bills agreed unto by the Parliament shall be presented to the Lord Protector for his consent and in case he shall not give his consent thereto within twenty dayes after they shall be presented to him or give satisfaction to the Parliament within the time limited That then upon Declaration of the Parliament that the Lord Protector hath not consented nor given satisfaction such Bills shall passe into and become Laws although he shall not give his consent thereunto provided such Bills contain nothing in them contrary to the matters contained in these presents 25. That Phillip L. Viscount Lisle Charls Fleetwood Esq John Lambert Esq Sir Gilbert Pickering Baronet Sir Charls Woolsley Bar. Sir Anthony Ashley-Cooper Bar. Edw Montagu Esq John Desbrow Esq Walter Strickland Esq Henry Lawrence Esq William Sydenham Esq Phillip Jones Esq Rich Major Esq Francis Rous Esq Phillip Skippon Esq or any seven of them shall be a Councell for the purposes exprest in this Writing and upon the death or other removall of any of them the Parliament shall nominate six persons of Ability Integrity and fearing God for every one that is dead or removed out of which the major part of the Councell shall elect two and present them to the Lord Protector of which he shall elect one c. 26. That the Lord Protector and the major part of the Councell aforesaid may at any time before the meeting of the next Parliament add to the Councell such persons as they shall think fit provided the number of the Councell be not made thereby to exceed 21 and the Quorum to be proportioned accordingly by the Lord Protector and the major part of the Councell 27. That a constant yearly Revenue shall be raised setled and established for maintaining of ten thousand Horse and Dragoons and twenty thousand Foot in England Scotland and Ireland for the defence and security thereof and also for a convenient number of Ships for guarding of the Seas besids two hundred thousand pound per annum for defraying the other necessary Charges for administration of Justice and other expences of the Government which Revenue shall be raised by the Customs and such other wayes and means as shall be agreed upon by the Lord Protector the Councel and shall not be taken away or diminisht nor the way agreed upon for raising the same altered but by the consent of the Lord Protector and the Parliament 28. That the said yearly Revenue shall be paid into the publick Treasury shall be issued out for the uses aforesaid 29. That in case there shall not be cause hereafter to keep up so great a Defence at Land or Sea but that there be an abatement made thereof the mony which will be sav'd thereby shall remain in bank for the publick Service and not be imployed to any other use but by consent of Parliament or in the intervals of Parliament by the Lord Protector and major part of the Councell 30. That the raising of money for defraying the charge of present extraordinary Forces both at Land and Sea in respect of the present wars shall be by consent in Parliament and not otherwise Save onely that the Lord Protector with the consent of the major part of the Councell for preventing the disorders and dangers which may otherwise fall out both at Sea and Land shall have power untill the meeting of the first Parliament to raise money for the purposes aforesaid and also to make Lawes and Ordinances for the peace and welfare of these Nations where it shall be necessary which shall be binding and in force untill Order shall be taken in Parl. concerning the same 31. That the Lands Tenements Rents Royalties Jurisdictions and Hereditaments which remain yet unsold or undisposed of by Act or Ordinance of Parliament belonging to the Common-wealth except the Forrests and Chases and the Honors and Mannors belonging to the same the Lands of the Rebels in Ireland lying in the four Counties of Dublin Corke Kildare Katerlaugh the Lands forfeited by the people of Scotland in the late wars and also the Lands of Papists and Delinquents in England who have not yet compounded shall be vested in the Lord Protector to hold to him and his Successors Lord Protectors of these Nations and shall not be aliened but by consent in Parliament And all Debts Fines Issues Amerciaments penalties and profits certain and casuall due to the Keepers of the Liberties of Engl by Authority of Parliament shall be due to the Lord Protector and be payable unto his publick Receipt and shall be recovered and prosecuted in his Name 32. That the Office of the Lord Protector over these Nations shall be Elective and not Hereditary and upon the death of the Lord Protector another fit person shall be forthwith Elected to succeed him in the Government which Election shall be by the Councell c. Provided that none of the Children of the late King nor any of his Line or Family be Elected to be Lord Protector or other chief Magistrate over these Nations or any the Dominions thereto belonging And untill the aforesaid Election be past the Councell shall take care of the Government and administer in all things as fully as the Lord Protector or
Dominions thereunto belonging and other high Treasons tending to involve the Common-wealth in a new bloody war To which charge of High Treason the said Gerard and Vowel pleaded Not guilty pretending much ignorance and that they were innocent of the knowledge of any such designe and did very much presse the Court to grant them Counsell to advise withall and that they might be tried by a Jury which being not to be granted unto them and waved severall Witnesses were produced upon their Oaths to make appear what they were charged with as John Wiseman Dr. Hudson a blind man Mr. Charls Gerhard Brother to the Prisoner Capt. Dale one Mr. Wharton and others who did sufficiently prove That Mr. Gerrard was to command the party who were to murder his Highnesse the L. Protector as he was going to Hampton Court with thirty Horse and that the said Gerrard had engaged to bring 25 of the 30 and Maj. T Henshaw was to bring 5 more and it was also proved against him that he with Maj. Henshaw and the Witnesse J. Wiseman did view the severall Guards at Whitehall the Mewes and St. Jameses and had computed and designed 600 Horse as sufficient to seize and secure those Guards appointing also a party of Horse to march into Tuttle-fields as friends and so to fall upon the forces then mustering and cut them off It was also proved against him by his Brother Mr. Charles Gerrard that he was at severall meetings at his own Chamber near Essex house and at other places with Maj. Henshaw and Finch and others about this designe and particularly at Mr. Jones his House in Rose street in Covent Garden where in a Chamber Henshaw and Finch gave an account that they had each of them listed 800 men to be ready at a dayes warning severall other things were proved which he obstinately denied but confest his name was much used therein but was no intent Actor And for Mr. Vowell severall Witnesses upon their Oaths did testifie that he was at many meetings with Henshaw Finch Gerhard and other of the Plotters to contrive the management of this businesse being a person thought more fit to be a Councellor then an Actor and his reward should have been to be Master of Suttons Hospitall and it was also proved against him though he could not act himselfe yet he promised to procure those that should act and did engage one Capt. Billingsley who undertook to provide Riders for the Horses who should be taken out of Islington fields it was also proved his buying of Pistols and many other things sufficient to prove his hand deep in the businesse And for Somerset Fox he confessed so much as saved the Court much trouble in examining witnesses His part was to engage as many Apprentices and Citizens of London as he could in the businesse that so when the falling on was upon the Guards at White hall the Mewes and St. Jameses and Col. Ingeldsbies Regiment in Southwark and the rest of the Plot was in agitation there might be a rising and tumult made purposely in the City to imploy what force was there that no help might come elsewhere and the Lord Mayor was to have been seized and carried to proclaim Charls Stuart King at the Exchange and Dr. Wharton was to see him proclaimed yet notwithstanding all these witnesses Gerhard and Vowell denyed they knew of any thing of such a designe but they were not so satisfied but that a base design was intended too unworthy for a Gentleman to have his hand in as did further appear by the testimony of John Wiseman who did relate his going over into France with his brother in Law Maj. Henshaw where they met the said Mr. Gerhard at Paris and there had free accesse to the pretended King of Scots about this designe and received great encouragement in the businesse from Prince Rupert whereupon Henshaw and Wiseman returned into England and Mr. Gerhard came over about 3 weeks after to put the businesse in agitation immediately upon his arrivall the said Henshaw Finch c. repaired to his lodging near Essex house and received an account of the busines and so proceeded to act as the said Wiseman testified The Witnesses being all examined and the Prisoners heard what they could say for themselves the Attorney Gen. Solicitor Gen. and the Councell for the Commonwealth summ'd up all the Evidences and drew them into severall heads which they presented to the Court with the Prisoners at the Bar as objects of their Justice the said Gerhard and Vowell still remaining obstinate The Prisoners were commanded back to the Tower July 6. The Portugall Ambassadors Brother and the rest weâ—e againe brought to their Tryall at the Vpper Bench at Westminster and a Jury of 12 men whereof 6 Denizes and 6 Aliens Impannel'd and swore The Ambass Brother pleaded very hard his ignorance in the Lawes of England and desired Councell but that was denied and he told That the Court were of Councell equall and alike to him as to the Common-wealth and would doe according to Law and the Justice of the Cause Hereupon many Witnesses were sworn and examined and upon full hearing of the Evidence and what the Prisoners could say the Jury withdrew and in a short time returned and delivered their Verdict by their Foreman all agreeing finding them all 5 guilty of the murther and Felony for which they stood indicted whereupon Judgement was afterwards pronounced after a short speech made by the L Chief Justice Rolls in the name of the Court That they should return from whence they came and from thence be carried to the place of Execution there seveally to be hanged by the neck till they are dead The day appointed Saturday but the Prisoners moved for respite till Monday which was granted This afternoon also the High Court of Justice sat in Westminster-hall and there was brought before them Mr. Gerard Mr. Vowel and Mr. Fox who were demanded what they had more to say for themselves Gerhard and Vowell spake much to excuse themselves notwithstanding what had been proved against them after which the L. President Lisle made a learned speech to convince them of the desperate wickednesse of their designe and how fully the Charge had been proved and what punishments the Law had provided in such cases after which the Sentence of the Court was read severally to all three to this effect That upon mature consideration of the Treasons and Murthers plotted and contrived by them against his Highnesse the Lord Protector and the Common-wealth and raising a bloody war in the same the Court did adjudge them to be hanged by the neck untill they be dead Mr. Gerhard desired the Execution might be altered that he might be beheaded or shot to death and therefore petitioned to the Lord Protector About 4 in the afternoon Mr. John Gerhard was brought to the Scaffold on Tower-hill his behaviour was sprightly the substance of his discourse Cavalier-like boasting himselfe of the