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
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
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