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
hands resigne unto his Excellency their said powers Saturday Decemb. 10. 1653. The Parliament this day resumed the Debate upon the Report made this day from the Committee of Tythes which is as followes 1. That it be represented to the Parliament as the best way for ejecting ignorant prophane and scandalous Ministers That Commissioners be sent from hence into all the Counties divided into six Circuits besides London and Middlesex three Commissioners into each Circuit to joyne with four or six in every County and each riding in Yorkeshire to be as a County and that in every County the said persons or five of them two of the Commissioners sent from hence being alway present be impowred to eject all Ministers of that County that are not of good behaviour and holy in conversation or that are not apt and able to teach or in teaching hold not forth the faithfull word or be not diligent or labour not in the word and doctrine or be greedy of filthy lucre And be also impowred to settle godly and able persons to preach the Gospell in all voyd places and to unite two or three Parishes together so that none be above three miles from the publick Meeting-place 2. That it be presented to the Parliament That Dr. Arrowsmith Col. Gâ—ffe Maj. Haines Mr. John Owen Mr. Thomas Goodwyn Mr. Ben of Dâ—rchester Mr. Fairclough the elder Mr. Lockier Mr. Caryl Mr. Stephen Marshall Mr. Worthington Mr. Turner Mr. Tomes Mr. Martin Holbech Mr. Cradocke Mr. Jessey Mr. Arthur Barnidston Mr. William Greenhill Col. Campfield Mr. Dyke Mr. Stalham may be sent Commissioners by three in a circuit for ejecting and setling Ministers according to the Rules prescribed 3. That all such as are or shall be approved for publick Preachers of the Gospell in the publick meeting-places shall have and enjoy the maintenance already setled by Law and such other encouragement as the Parliament hath already appointed or hereafter shall appoint And that where any scruple payment of Tithes the three next Justices of the Peace or two of them shall upon complaints call the parties concerned before them and by the Oaths of witnesses shall duely apportion the value of the said Tithes to be paid either in money or Land by them to be set out according to the said value to be held and injoyed by him that was to have the said Tithes and in case such approved value be not duly paid or injoyed according to the Order of the said Justices the Tithes shall be paid in kind and shall be recovered in any Court of Record 4. That upon hearing and considering what hath been offered to the Committee touching propriety in Tithes of Incumbents Rectors Possessors of Donatives or propriate Tithes It is the opinon of this Committe and resolved to be reported to the Parliament that the said persons have a legall propriety in Tithes The House having spent severall dayes in debate of the whole Report and especially of the first of the four parts thereof and the Question being put That this House doth agree with the first clause of the Report it passed in the Negative Monday Decemb. 12. 1653. It being moved in the House this day That the sitting of this Parliament any longer as now constituted will not be for the good of the Common-wealth and that therefore it was requâ—sit to deliver up unto the Lord Generall Cromwell the powers which they received from him and that motion being seconded by severall other members the House rose and the Speaker with many of the members of the House departed out of the House to White-hall where they being the greater number of the members sitting in Parliament did by a writing under their hands resigne to his Excellency their said Powers and Master Speaker attended with the Members did present the same to his Excellency accordingly His Excellency the Lord Generall Cromwel and his Councell of Officers met this day at which meeting after a most excellent wise gracious and pious Speech made by his Excellency full of Religion towards God prudence towards the State and love and care towards this distracted Nation some things were transacted in order to a settlement and sweet composure the union of all that fear the Lord is much desired that so we may sit down comfortably under a safe and well grounded peace The late Parliament having upon their Dissolution delivered up the power which they received from his Excellency at their first sitting by a writing under their Hands and Seals his Excellency thereupon called a Councell of Officers and advised with other persons of intererest in the Nation how this great burden of Governing England Scotland and Ireland with the Armies therein and Navies at Sea should be born and by whom who after severall days seeking of God and advising therein it was Resolved That a Councell of godly able and discreet persons should be named consisting of twenty one And that his Excellency should be chosen Lord Protector of the three Nations And on Friday last his Excellency came down to West and was instolled Lord Protector of the three Nations the manner whereof was thus Decemb. 18. His Excellency the Lord Generall Cromwell about one of the cock in the afternoon went from White-hall to Westminster in his Coach foot Souldiers being on both sides the streets all along and in the Pallace at Westminster were many Souldiers both Horse and Foot his Excellency was attended by the Lords Commissioners of the Great Seal of England the Judges and Barons of the severall Benches in their Robes and after them the Councell of the Common-wealth And the Lord Mayor and Aldermen of the City of London in their Scarlet Gowns with the Recorder and Town-Clerk all in their Coaches who passed before his Excellency and last of all came his Excellency in a black Suit and Cloak in his Coach with his Life-Guard and divers bare before him and many of the chiefe Officers of the Army with their Cloaks and Swords and Hats on passed on foot before and about his Coach In this equipage his Excellency and Attendants came to Westminsterhall where was a Chair placed in the High Court of Chancery where being come the Lords Commissioners of the Great Seal of England stood next to the Chair the one on the one side and the other on the other side and next to the Lord Commissioner Lisle who stood on the left hand of the Chair stood his Excellency all being bare and his Excellency also on every side of the Chair in the next place stood all the Judges and Barons on both sides and the Lord Mayor Aldermen on the right side of the Court next unto the Judges and the Councell and the chief Officers of the Army on the left side of the Court. The Rules for this New Government were then read which consist of many particulars expressed in an Instrument the Instrument is large which took up above halfe an hours reading and was read by Mr. Jesop one of
the Secretaries of the Councell After which the Lord Commissioner Lisle read a Parchment in the nature of an Oath to engâ—ge his Excellency to perform on his part according to the Government before mentioned During which tâ—me his Excellency held up his hand and having beard it read accepted thereof and subscribed thereto in the face of the Court. Then the Lords Commissioners of the Great Seal and the Judges c. invited him to take possession of the Chair as Lord Protector of England Scotland and Ireland which he did and sate down with his head covered the Court continuing all bare The Lord Commissioners delivered up to his Highnesse the Purse and Seals and the Lord Mayor of London his Sword which were presently delivered to them back again by his Highnesse and then after a salute the Court rose First came the Aldermen and Councell before his Highnes from the Court to Westminster-hall Gate where the Coaches were after them the Judges then came the Commissioners of the Great Seal one of them bearing the Purse and Seals and before his Highnesse caâ—e the Life-Guard then four Serjeants of Arms with their Maces one being the Mace of the City of London the second of the Chancery the third of the Councell and the other of the Parliament born by the sword bearer of London Serjeant Middleton Serjeant Dendy and Serjeant Berkehead and the Lord Mayor of the City of London went before his Highnesse with the Sword and the Officers of the Army about his person and in the Pallace they took Coach at the Hall Gate and returned to White-hall in the same equipage they went the Lord Mayor rid bare with the Sword in the Boot of the Coach with his Highnesse and there were great Acclamations and shoutings all along the streets as they passed His Highnesse the Lord Protector being returned to Whitehall he went with his Attendants to the Banqueting House where they had an Exhortation made by Mr. Lockier Chaplain to his Highnesse which bing ended they were dimissed with three Vollies of shot by the Souldiers between four and five a clock at night Decemb. 19. 1653. His Highness the Lord Protector met with those named of his Councell in the Councell Chamber at White-hall it being the place where the Councell of State used to sit and severall things were Transacted in order to a settlement and this following Proclamation was ordered to be Printed and published on the Monday following This day this Proclamation following was published at Westminster and in the City of London by divers Serjeants at Arms with their Maces The Lord Mayor and Aldermen being present at the Exchange c. By the Councell A Proclamation WHereas the late Parliament dissolvâ—ng themselves and resigning their Powers and Authorities the Government of the Common-wealth of England Scotland and Ireland by a Lord Protector and successive Trienniall Parliaments is now established and whereas Oliver Cromwell Captain Generall of all the Forces of this Common-wealth is declared Lord Protector of the said Nations and hath accepted thereof We have therefore thought it necessary as we hereby doe to make Publication of the Premises and strictly to charge and command all and every person and persons of what quality and condition soever in any of the three Nations to take notice hereof and to conform and submit themselves to the Government so established And all Sheriffs Mayors Bailiffs and other Publick Ministers and Officers whom this may concern are required to cause this Proclamation to be forthwith published in their respective Counties Cities Corporations and Market Towns to the end none may have cause to pretend ignorance in this behaâ—fe Given at Whitehall this 16 day of Decem. 1653. December 21. 1653. His Highnesse the Lord Protector and the Councell being thirteen in number sate in the Councell Chamber at White-hall where his Highnesse in a sweet Speech to them pressed the Councell to act for God and the peace and good of the Nations and particularly recommended to them to consider and relieve the distresses of the poor and oppressed And severall things were Transacted in order to a quiet and peaceable settlement of these three Nations The Names of the Councell Mr. Lawrence the President L. Viscount Lisle Maj. Ge. Lambert Maj. G. Desbrow Maj. Ge. Skippon Col. Jones Col. Sydenham Sr Gilb. Pickering Sr Charls Wolsley Sir Anthoney Ashley-Cooper Mr. Rous. Mr. Strickland Mr. Major A Declaration for alteration of severall Names and Forms heretofore used in Courts c. OLIVER Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions thereunto belonging having the exercise of the chief Magistracy and the administration of Government within the said Common-wealth invested and established in his Highnesse assisted with a Councell who have power untill the meeting of the next Parliament which is to be on the third of September next to make Laws and Ordinances for the peace and welfare of these Nations where it shall be necassary which shall be binding and in force untill order shall be taken in Parliament concerning the same And the said Lord Protector finding it to be most necessary that some speedy and effectuall course be taken for setling the Names and Forms to be used in Patents Commissions and proceedings in Courts of Justice the said L. Protector by and with the advise consent of his said Councell and in pursuance of and according to the power and trust reposed in him and them doth declare and ordain and be it by the Authority aforesaid declared and ordained That in all Courts of Law Justice or Equity and in all Writs Grants Patents Commissions Indictments Informations Suits returns of Writs and in all Fines Recoveries Exemplifications Recognizances Proces and Proceedings of Law justice or equity within the said Common-wealth of England Scotland and Ireland and the Dominions thereto belonging instead of the Name Stile Title and Teste of the Keepers of the Liberty of England by Authority of Parliament heretofore used that from and after the 26 of Decem. 1653. the Name Stile Title and Teste of the Lord Protector for the time being of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging shall be used and no other and the date shall be in the year of our Lord and no other And that all Duties Profits Penalties Issues Fines Amercements and Forfeitures whatsoever which heretofore were sued for in the Name of the Keepers of the Liberty of England by Authority of Parliament shall from and after the said 26 of Decem. be prosecuted sued forth and recovered in the said name of the Lord Protector for the time being of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging and no other And in all or any of the proceedings aforesaid where the words were The Jurors for the Common-wealth or The Jurors for the Keepers of the Liberty of England by Authority of Parliament do say or present from and after the 26 of
Decem. it shall be The Jurors for the Lord Protector of the Common-wealth of England Scotland and Ireland c. doe say present and no other c. And it is further Ordained by the Authority aforesaid That in all Oaths to be given to any Grand or Petty Jury or to or for any Witnesses to give in Evidence to any such Jury or Juries and all other Oaths wherein the name of Keepers of the Liberty c. was wont to be used the same shall be given in the name of the Lord Protector instead of the name of the said Keepers c. any Law Usage or Custom to the contrary in any wise notwithstanding And it is lastly Ordained by the Authority aforesaid That such Forms and course of proceedings as was heretofore used in the name and time of the Keepers of the Liberty c. in Causes criminal or civil of which no alteration is made in this Ordinance shall stand and continue to be so used and observed as formerly that all Indictments Presentments Inquisitions Commissions Captions made with such Alterations Additions or Omissions as aforesaid or with such other Omissions Additions or Alterations as shall be proper and necessary for making good of Indictments Presentments Commissions Captions Inquisitions and supplying the sence and meaning thereof according to the present Government of this Common-wealth under the Lord Protector as aforesaid shall stand and be good and effectuall in Law to all intents and purposes as if the same had been particularly herein named any Law Custom or Usage to the contrary in any wise notwithstanding The Oath taken by his Highnesse Oliver Cromwell LORD PROTECTOR WHereas the major part of the last Parliament judging that their sitting any longer as then constituted would not be for the good of this Com did dâ—ssolve the same and by a writing under their hands dated the 12 day of this instant Dec. resigned unto Me their powers and Authorities And whereas it was necessary thereupon That some speedy course should be taken for the settlement of these Nations upon such a Basis and foundation as by the blessing of God might be lasting secure Property and answer those great ends of Religion and liberty so long contended for And upon full and mature consideration had of the Form of Government hereunto annexed being satisfied that the same through divine assistance may answer the ends aforementioned And having also been desired and advised as well by severall persons of Interest and Fidelity in this Common-wealth as the Officers of the Army to take upon Me the Protection and Government of these Nations in the manner expressed in the said Form of Government I have accepted thereof and do hereby declare My acceptance accordingly And do promise in the presence of God that I will not violate and infringe the matters and things contained therein but to My power observe the same and cause them to be observed And shall in all other things to the best of My understanding Govern these Nations according to the Laws Statutes and Customs seeking their Peace and causing Justice and Law to be equally administred O. CROMWEL OLIVER CROMWEL Captain Generall of all the Forces of this Common wealth and now declared Lord Protector thereof did this 16 day of Decem. 1653. sign this Writing and solemnly promise as is therein contained in presence of the Lords Commissioners of the Great Seal of Engl. who administred the same Oath and of the Lord Mayor and Alderm of the City of London divers of the Judges of the Land the Officers of State and Arâ—y and many other persons of Quality His Excellencie Oliuer Cromwell Generall of all the Foâ—der of England Scotland Ireland Chancelour of the Vniuersity of Oxford 〈◊〉 Lord Protector of Eng Scot Ire Tho Ienner fecit The Government of the Common-wealth of England Scotland and Ireland 1. THat the Supreâ—m Legislative Authority of the Common-wealth of England Scotland and Ireland and the Dominions thereunto belonging shall be and reside in One Person and the people assembled in Parliament the Stile of which person shall be Lord Protector of the Common-wealth of England Scotland and Ireland 2. That the exercise of the chiefe Magistracy and Administration of the Government over the said Countries and Dominions the people thereof shall be in the Lord Protector assigned with a Councell the number whereof shall not exceed 21 nor be lesse then 13. 3. That all Writs Proces Commissions Patents Grants and other things which now run in the name and stile of the Keepers of the Liberty of England by Authority of Parliament shall run in the Name and Stile of the Lord Protector from whom for the future shall be derived all Magistracy and Honours in these three Nations and shall have the power of Pardons eâ—cept in case of Muder and Treason and benefit of all Forfeitures 〈◊〉 â—he publick use And shall Govâ—â—◠〈…〉 â—â—tions in all tâ—â—â—gs by the 〈…〉 to these presents and the 〈…〉 4. 〈…〉 sitâ—â—â—â—â—all dispose an◠〈…〉 â—â—th by Sâ—â— and Land for the 〈◊〉 and goodliâ—â—◠〈…〉 consent of Parliament And 〈…〉 advice and consent of the maâ—â—◠〈…〉 dispose and order the Misitia for the 〈…〉 â—he Intervaâ—â—â— of Parliament 5. That the Lord Protector by the advice aforesaid shall direct in all things concerning the keeping and holding of a good correspondency with Forreign Kings Princes States and also with the consent of the major part of the Councell have the power of war and peace 6. That the Laws shall not be altered suspended abrogated or repealed nor any New Law made nor any Tax Charge or Imposition laid upon the people but by common consent in Parliament save onely as is expressed in the thirtieth Article 7. That there shall be a Parliament summoned to meet at Westminster upon the third day of Septemb. 1654. and that successively a Parliament shall be summoned once in every third year to be accounted from the dissolution of the preceding Parliament 8. That neither the Parliament to be next summoned nor any successive Parliaments shall during the time of 5 months to be accounted from the day of their first meeting be adjourned prorogued or dissolved without their own consent 9. That as well the next as all other successive Parliaments shall be summoned and elected in manner hereafter exprest That is to say the persons to be chosen within Engl Wales the Isles of Jersey and Guernsey and the Town of Berwick upon Tweed to sit and serve in Parliament shall be and not exceed the number of four hundred The persons to be chosen within Scotland to sit and serve Parliament shall be and not exceed the number of thirty And the persons to be chosen to sit in Paâ—liament for Ireland shall be and not exceed the number of thiâ—ty 10. That the persons to be Elected to sit in Parliament from time to time for the severall Counties of Engl Wales the Isles of Jersey and Guernsey and the Town
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 For the Town of Bedford 1 County of Bedford 5. Abbington 1 Reading 1 County of Berks 5. Buckingham 1 Alisbury 1 Wiccomb 1 County of Bucks 5. Cambridge 1 University of Camb 1 Ely 2 County of Cambridge 4. Chester 1 County of Chester 4. Launceston 1 Truro 1 Penrin 1 Eastlow and Westlow 1 County of Cornwall 8. Carlisle 1 County of Cumberland 2. Derby 1 County of Derby 4. Excester 2 Plimouth 2 Dartmouth Clifton Hardnesse 1 Totnes 1 Barnstable 1 Tiverton 1 Honyton 1 County of Devon 11. Dorchester 1 Weymouth Melcomb-Regis 1 Lyme-Regis 1 Pool 1 County of Dorcet 6. Durham 1 County of Durh 2. York 2 Kinston upon Hull 1 Beverley 1 Scarborough 1 Richmond 1 Leeds 1 Hallifax 1 Cou of York West-Riding 6 East-Riding 4. North-Riding 4. Maldon 1 Colchester 2 Cou of Essex 13. Gloucester 2 Tewksbury 1 Cirencester 1 County of Gloucester except the said City 5. Hereford 1 Leompster 1 County of Hereford 4. St. Alban 1 Hartford 1 County of Hartford 5. Huntington 1 Cou of Huntington 3. Canterbury 2 Rochester 1 Maidston 1 Dover 1 Sandwich 1 Quinborough 1 County of Kent 11. Preston in Andernes 1 Lancaster 1 Liverpool 1 Manchester 1 County of Lancaster 4. Leicester 2 County of Leicester 4. Lincoln 2 Boston 1 Grantham 1 Stamford 1 Grimsby 1 County of Lincoln 10. Westminster 2 County of Middlesex 4 City of London 6. County of Monmouth 3. Norwich 2 Lyn-Regis 2 Yarmouth 2 County of Norfolk 10. Peterborough 1 Northampton 1 County of Northampton 6. Nottingham 2 County of Nottingham 4 Newcastle upon Tine 1 Berwick 1 County of Northumberland 3. Oxford 1 University of Oxf 1 Woodstock 1 County of Oxf 5. County of Rutland 2. Shrewsbury 2 Bridgnorth 1 Ludlow 1 County of Salop 4. Litchfield 1 Stafford 1 Newcastle on the Line 1 County of Stafford 3. Taunton 2 Bath 1 Wells 1 Bridgwater 1 Cou of Somerset 11. City of Bristol 2. Winchester 1 Southampton 1 Pertsmouth 1 Isle of Wight 2. Andevor 1 County of Southamp 8. Ipswich 2 Burrough of Bury St. Edmonds 2 Dunwich 1 Sudbury 1 County of Suffolk 10. Southwark 2 Gilford 1 Rygate 1 County of Surrey 6. Chichester 1 Lewis 1 East-greenstead 1 Arundel 1 Rye 1 Coun of Sussex 9 Coun of Westmorland 2. Coventry 2 Warwick 1 County of Warwick 4. Worcester 2. County of Worcester 5. Sarum 2 Marleborough 1 Devizes 1 County of Wilts 10. Coun of Brecon 2. County of Cardigan 2. County of Carmathen 2. Coun of Carnarven 2. Coun of Denbigh 2. County of Flint 2. Town of Cardiffe 1. Coun of Clamorgan 2. Coun of Merionoth 1. Coun of Montgomery 2. Haverford west 1. County of Pembrook 2. County of Radnor 2. The distribution of the persons to be chosen for Scotland and Ireland 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 Councell before the sending forth Writs of Summons for the next Parliament c. 11. That the Summons to Parliament shall be by Writ under the Great Seal of England directed to the Sheriffs of the severall and respective Counties with such alteration as may suit with the present Government to be made by the Lord Protector and his Councel which the Chancellor Keeper or Commissioners of the Great Seal shall 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 1. of June 1654. oâ— for the Trienniall Parliaments before the 1. 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 dayes after the said 1. day of June 1654. seal issue and send abroad Writs of Summons c. 12. 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 Burroughs and places respectively shall take view of the said Elections and shall make return into the Chancery within twenty dayes after the said Elections c. wherein shall be contained that the persons elected shall not have power to alter the Government as it is hereby setled in one single person and a Parliament 13. That the Sheriff who shall wittingly and willingly make any false return or neglect his duty shall incur the penalty of two thousand Marks 14. 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. unlesse they have been since in the service of the Parliament and given signall testimony of their good affection thereunto shall be disabled and uncapable 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 Trienniall Parliaments 15. That all such who have advised assisted or abetted the Rebellion of Ireland shall be disabled and uncapable for ever to be Elected or to give any Vote in the election of any Member to serve in Parliament as also all such who doe or shall professe the Roman Catholick Religion 16. 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 uncapable shall give his Vote for Election of Members to serve in Parliament such person shall lose and forfeit one full years value of his reall Estate and one full third part of his personall Estate 17. That the persons who shall be elected to serve in Parliament shall be such and no other then such as are persons of known integrity fearing God and of good conversation and being of the age of 21 years 18. That all and every person and persons seized or possessed to his own use of any estate reall or personall to the value of 200 l. and not within the aforesaid exceptions shall be capable to elect Members to serve in Parliam for Counties 19. 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 Parliaments at the times and in the manner before expressed And in case of neglect or failer to issue and send abroad writs accordingly he or they shall for every such offence be guilty of High Treason and suffer the paines and penalties thereof 20. That in case writs be not issued out as is before exprest 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 Sea that then the
Samuell Moyer John Langley John Stone Henry Barton Praise-God Barboue Wales Bushy Mansel James Philips John Williams Hugh Courtney Richard Price John Brown Scotland Sir James Hope Alex Bredy John Swinton Will Lockart Alex. Jefferies Ireland Sir Robert King Col. John Hewson Col. Henry Cromwel Col. John Clark Daniel Hutchinson Vincent Gookyn Called in by the Parliament since they sate Lord Gen Cromwell Maj. Gen. Lambert Maj. Gen. Harrison Maj. Gen. Desborough Col. Mat. Tomlinson Councell of State THe Lord Generall Maj. Gen. Desbrow Maj. Gen. Harrison Mr. Major Col. Sydenham Sir Anthoney Ashley Cooper Ald. Tichbourne Sir Charles Wolsley Sir Gilbert Pickering Mr. Carew Col. Jones Lord Viscount Lisle Mr. Lawrence Col. Mountague Mr. Strickland Cap. Howard The Lord Eyre Sir William Roberts Mr. Sadler Sir Robert King Col. Henry Cromwell Dr. Goddard Col. Barton Sir William Brownlow Cap. Stone Col. George Fleetwood Col. James Mr. Anlaby Mr. Bennet Col. Rous Col. Bingham An ACT Declaring what Offences shall be adjudged Treason 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 Tyrannicall usurped or unlawfull Or that the Commons in Parliament assembled are not the supream 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 an open deed that then every such offence shall be taken deemed and adjudged by Authority of this Parliament to be high Treason That if any person shall maliciously and advisedly plot or endeavour the subversion of the said Keepers of the Liberties of England or the Councell of State and the same shall declare by an 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 they or either of their Authorityes every such offence shall be taken deemed and declared to be high Treason If any person not being an Officer Souldier or member of the Army shall plot contrive or endeavour to stir up any mutiny in the said Army or withdraw any Souldiers or Officers from their obedience to their Superiour Officers or from the present Government as aforesaid or shall procure invite aid or assist any Forreigners or strangers to invade England or Ireland or shall adhere to any Forces raised by the Enemies of the Parliament Common-wealth or Keâ—per of the Liberties of England or if any person shall counâ—efeit the Great Seale of England for the time being used and appointed by Authority of Parliament every such offence shall be taken to be high Treason and also forfeit unto the use of the Common-wealth all and singular his or their Lands Tenements and Heriditaments Goods and Chattells Provided alwayes that no persons shall be indicted and arraigned for any of the Offences mentioned in this Act unlesse such Offenders shall be indicted or prosecuted for the same within one year after the Offence committed That if any person shall counterfeit the money of this Common-wealth or shall bring any false money into this Land counterfeit or other like to the money of this Common-wealth 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 falsly forge and counterfeit any such kind of Coyn of Gold or Silver as is not the proper Coyne of this Common-wealth and is or shall be currant within this Nation by consent of the Parliament or such as shall be by them authorized thereunto Or shall bring from the parts beyond the Seas into this Common-wealth or into any the dominions of the same any such false and counterfeit Coyne of money being currant within the same as is above said knowing the same to be false to the intent to offer or make payment by merchandize or otherwise or shall impaire diminish falsifie clip wash round file scale or lighten for wicked lucre or gaines sake any the proper moneys of this Common-wealth or any other Realm allowed and suffered to be currant All such Offences adjudged high Treason their counsellours procurers aiders and abettors being convicted shall suffer paines of death It shall not extend to or be adjudged to make any corruption of blood to any of the Heires or to make the wife to forfeit her Dour or her title action or interest in the same July 17. 1649. A Relation of the Mutiny on Tuesday the 22 of Nov 1653. in the New Exchange of the Portugall Ambassadors Followers c. THis night was a great Mutiny at the New Exchange in the Strand such as hath scarce ever been the like The businesse upon the best information that I can have from those who were present in part of the businesse and have conferred with others upon the whole is this On Munday night which was the night before three of the Portugall Ambassadours family whereof his brother was one being at the New Exchange they talking in French spake of such discourse of Transactions of some English Affaires which Col. Gerhard Sir Gilbert Gerhards brother understanding the French Tongue hearing told them very civilly that they did not represent the stories they spake of right whereupon one of the Portugalls gave him the lie upon that they began to justle and all three fell upon Col. Gerhard and threw him down and got upon him but tho he be but a little man yet he threw him off that was upon him and so was bustling with him a good while there were some Gentlemen there but knew not who it was they so assaulted and so ne'r medled with them and yet one of the Portugalls with his Dagger stab'd Col. Gerhard in the shoulder and hurt him sore but afterwards Mr. Anfrazer spake to the Portugalls that it was not civill nor handsome for so many to fall upon one three to one being very unequall and endeavoured to pull one of them off and so to perswade them to cease and thereby he came to see who it was they had assaulted who finding it to be Col. Gerhard which he knew well and seeing them still pursue their rage upon him he drew to relieve him and after some bustle the Portugalls went away one of them having a cut upon his cheek and that night afterwards near twenty of their Attendants came to the Exchange and would have quarrel'd with any body and some cuffing there was by some but not much more that night for it was late and they returned home On Tuesday night came about fifty of the Portugalls againe to the New Exchange of which number were the Ambassadours brother and two Knights of Malta and they were led on by a Portugall in Buffe whom they call Captaine one well known to some in the Exchange and they had generally double Arms all or most part of them swords and pistolls
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