The government of the Common-wealth of England, Scotland, & Ireland, and the dominions thereto belonging; as it was publickly declared at Westminster the 16. day of December 1653. in the presence of the Lords Commissioners of the Great Seal of England, the Lord Maior and aldermen of the City of London, divers of the judges of the land, the officers of state and army, and many other persons of quality, at which time and place His Highness, Oliver Lord Protector of the said Commonwealth, took a solemn oath for observing the same. Published by His Highness the Lord Protector's special commandment.

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Title
The government of the Common-wealth of England, Scotland, & Ireland, and the dominions thereto belonging; as it was publickly declared at Westminster the 16. day of December 1653. in the presence of the Lords Commissioners of the Great Seal of England, the Lord Maior and aldermen of the City of London, divers of the judges of the land, the officers of state and army, and many other persons of quality, at which time and place His Highness, Oliver Lord Protector of the said Commonwealth, took a solemn oath for observing the same. Published by His Highness the Lord Protector's special commandment.
Author
England and Wales. Lord Protector (1653-1658 : O. Cromwell)
Publication
London :: Printed, by William du-Gard, and Henry Hills, Printers to His Highness the Lord Protector,
MDCLIII. [1653]
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"The government of the Common-wealth of England, Scotland, & Ireland, and the dominions thereto belonging; as it was publickly declared at Westminster the 16. day of December 1653. in the presence of the Lords Commissioners of the Great Seal of England, the Lord Maior and aldermen of the City of London, divers of the judges of the land, the officers of state and army, and many other persons of quality, at which time and place His Highness, Oliver Lord Protector of the said Commonwealth, took a solemn oath for observing the same. Published by His Highness the Lord Protector's special commandment." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A74524.0001.001. University of Michigan Library Digital Collections. Accessed April 26, 2025.

Pages

Page 21

[illustration] blazon or coat of arms of the Commonwealth of England
THE GOVERNMENT OF THE Common-wealth OF ENGLAND, SCOTLAND, and IRELAND.

I.

THat the Supreme Legislative Authoritie of the Common-wealth of England, Scotland, and Ireland, and the Domi∣nions thereto belonging, shall bee, and reside, in One Per∣son, and the People assembled in Parlament; The Style of which Per∣son shall bee, Lord PROTECTOR of the Com∣mon-wealth of England, Scotland, and Ireland.

Page 22

II.

That the Exercise of the chief Magistracie and Administration of the Government over the said Countries and Dominions, and the People thereof, shall bee in the Lord PRO∣TECTOR, assisted with a Council; The Number whereof shall not exceed Twentie one, nor bee less than Thirteen.

III.

That all Writs, Processes, Commissions, Patents, Grants, and other things, which now run in the Name and Style of the Keepers of the Libertie of England by Au∣thoritie of Parlament, shall run in the Name and Style of the Lord PROTECTOR, from whom, for the future, shall bee derived all Ma∣gistracie and Honors in these three Nations; and shall have the power of Pardons, (ex∣cept in Case of Murder and Treason) and benefit of all forfeitures for the Publick use. And shall govern the said Countries and Dominions in all things by the Advice of the Council; and according to these Pre∣sents, and the Laws.

IV.

That the Lord PROTECTOR, the Parlament sitting, shall dispose and order the Militia and Forces both by Sea and Land, for the peace and good of the three Nations, by Consent of Parlament; And that the Lord PROTECTOR, with the Advice & Consent of the major part of the Council, shall dispose and order the Militia for the ends aforesaid in the Intervals of Parliament.

V.

That the Lord PROTECTOR by the Advice

Page 23

aforesaid shall direct, in all things, concerning the keeping and holding of a good Corre∣spondencie with forreign Kings, Princes and States, and also with the Consent of the major part of the Council have the power of War and Peace.

VI.

That the Laws shall not bee altered, sus∣pended, abrogated, or repealed, nor any new Law made, nor any Tax, Charge, or Imposi∣tion laid upon the People, but by common Con∣sent in Parlament save onely as is expressed in the 30th Article.

VII.

That there shall bee a Parlament summoned to meet at Westminster upon the third day of September, one thousand six hundred fiftie four; and that successively a Parlament shall bee summoned once in every third yeer, to bee ac∣counted from the dissolution of the preceding Parlament.

VIII.

That neither the Parlament to bee next sum∣moned, nor any successive Parlaments, shall, during the time of the five Moneths, to bee ac∣counted from the day of their first meeting, bee adjourned, prorogued, or dissolved without their own Consent.

IX.

That as well the next, as all other suc∣cessive Parlaments, shall bee summoned, and elected in manner hereafter exprest; That is to say, The Persons to bee chosen within England, Wales, the Isles of Jersey and Guernley, and the Town of Berwick upon Tweed, to sit and serv in Parlament, shall bee, and not

Page 24

exceed, the Number of Four hundred. The Persons to bee chosen within Scotland, to sit in Parlament, shall bee, and not exceed, the number of Thirtie. And the Persons to bee chosen to sit in Parlament for Ireland, shall bee, and not exceed, the number of Thirtie.

X.

That the Persons to bee elected to sit in Parlament from time to time for the several Counties of England, Wales, the Isles of Jer∣sey and Guernsey, and the Town of Berwick upon Tweed, and all places within the same respectively, shall bee according to the propor∣tions and numbers hereafter exprest, That is to say,

  • For the Countie of Bedford, six; viz.
    • For the Town of Bedford, one.
    • For the Countie of Bedford, five.
  • For the Countie of Berks, seven; viz.
    • For the Borough of Abingdon, one.
    • For the Borough of Reading, one.
    • For the Countie of Berks, five.
  • For the Countie of Bucks, eight; viz.
    • For the Town of Buckingham, one.
    • For the Borough of Alisburie, one.
    • For the Borough of Wiccomb, one.
    • For the Countie of Bucks, five.
  • For the Countie of Cambridg and Isle of Ely, eight; viz.
    • For the Town of Cambridg, one.
    • For the Universitie of Cambridg, one.
    • For the Isle of Ely, two.
    • For the Countie of Cambridg, four.

Page 25

  • For the County of Chester, Five, viz.
    • for the City of Chester, one.
    • for the County of Chester, foure.
  • For the County of Cornewall, Twelve, viz.
    • for the Borrough of Dunishwet, otherwise Launceston, one.
    • for the Borrough of Truro, one.
    • for the Borrough of Penryn, one.
    • for the Borroughs of Eastlow and Westlow, one.
    • for the County of Cornewall, eight.
  • For the County of Cumberland, Three, viz.
    • for the City of Carlisle, one.
    • for the County of Cumberland, two.
  • For the County of Derby, Five, viz.
    • for the Towne of Derby, one.
    • for the County of Derby, foure.
  • For the County of Devon, Twenty, viz.
    • for the City of Excester, two.
    • for the Borrough of Plymouth, two.
    • for the Borrough of Dartmouth, Clifton, and Hardnesse one.
    • for the Borrough of Totnesse, one.
    • for the Borrough of Barnstable, one.
    • for the Borrough of Tiverton, one.
    • for the Borrough of Honyton, one.
    • for the County of Devon, eleven.
  • For the County of Dorset, Ten, viz.
    • for the Borrough of Dorchester, one.
    • for the Borrough of Weymouth, and Melcombe-Regis, one.
    • for the Borrough of Lyme-Regis, one.

Page 26

  • ...
    • for the Town and County of Pool, one.
    • for the County of Dorset, six.
  • For the County of Durham, three, viz.
    • for the City of Durham, one.
    • for the County of Durham, two.
  • For the County of York, twenty two. viz.
    • for the City of York, two.
    • for the Town of Kingston upon Hull, one.
    • for the Borough of Beverley, one.
    • for the Borough of Scarborough, one.
    • for the Borough of Richmond, one.
    • for the Town of Leeds, one.
    • for the Towns and Parish of Hallifax, one.
    • for the County of York, fourteen, to be chosen di∣stinctly by the three Ridings: That is to say, for the West-riding, six, for the East-riding four, for the North-riding four.
  • For the County of Essex, sixteen, viz.
    • for the Borough of Maldon, one.
    • for the Borough of Colchester, two.
    • for the County of Essex, thirteen.
  • For the County of Gloucester, and the County of the City of Gloucester, nine, viz.
    • for the City of Gloucester, two.
    • for the Borough of Tewksberry, one.
    • for the Borough of Cirencester, one.
    • for the County, and the County of the City of Glou∣cester, except the said City, five.
  • For the County of Hereford, six, viz.
    • for the City of Hereford, one.
    • for the Borough of Leompster, one.

Page 27

  • ...
    • for the County of Hereford, four.
  • For the County of Hartford, seven. viz.
    • for the Town of St Alban, one.
    • for the Borough of Hartford, one.
    • for the County of Hartford, five.
  • For the County of Huntingdon, four, viz.
    • for the Borough of Huntingdon, one.
    • for the County of Huntingdon, three.
  • For the County of Kent, eighteen, viz.
    • for the City of Canterbury, two.
    • for the City of Rochester, one.
    • for the Borough of Maydston, one.
    • for the Port of Dover, one.
    • for the Port of Sandwich, one.
    • for the Borough of Quinborough, one.
    • for the County of Kent, eleven.
  • For the County of Lancaster, eight, viz.
    • for the Borough of Preston in Anderness, one.
    • for the Borough of Lancaster, one.
    • for the Borough of Leverpool, one.
    • for the Town and Parish of Manchester, one.
    • for the County of Lancaster, four.
  • For the County of Leycester, six, viz.
    • for the Borough of Leycester, two.
    • for the County of Leycester, four.
  • For the County of Lincoln, sixteen, viz.
    • for the City of Lincoln, two.
    • for the Town of Boston, one.
    • for the Borough of Grantham, one.

Page 28

  • ...
    • for the Town of Stamford, one.
    • for the Town of Great Grimsby, one.
    • for the County of Lincolne, ten.
  • For the County of Middlesex, six, viz.
    • for the City of Westminster, two.
    • for the County of Middlesex, foure.
  • For the City of London, six.
  • For the County of Monmouth, three.
  • For the County of Northfolk, sixteen. viz.
    • for the City of Norwich, two.
    • for the Town of Lynne Regis, two
    • for the Town of Great Yarmouth two.
    • for the County of Northfolk, ten.
  • For the County of Northampton, eight, viz.
    • for the City of Peterborough, one.
    • for the Town of Northampton, one.
    • for the County of Northampton, six.
  • For the County of Nottingham, six, viz.
    • for the town of Nottingham, two.
    • for the County of Nottingham, four.
  • For the County of Northumberland, five, viz.
    • for the Town of Newcastle upon Tyne, one.
    • for the Town of Berwick, one.
    • for the County of Northumberland, three.
  • For the County of Oxford, eight, viz.
    • for the City of Oxford, one.
    • for the Universitie of Oxford one.
    • for the Borrough of Woodstock, one.

Page 29

  • ...
    • for the County of Oxford five.
  • For the County of Rutland, two.
  • For the County of Salop, eight, viz.
    • for the Town of Shrewsbury two.
    • for the Borough of Bruges, alias Bridgnorth, one.
    • for the Borough of Ludlow, one.
    • for the County of Salop, four.
  • For the County of Stafford, six, viz.
    • for the City of Litchfield, one.
    • for town of Stafford, one.
    • for the Borough of Newcastle on the Line, one
    • for the County of Stafford, three.
  • For the County of Sommerset, sixteen, viz.
    • for the Borough of Taunton, two.
    • for the City of Bath, one.
    • for the City of Wells, one.
    • for the Borough of Bridgwater, one.
    • for the County of Sommerset, eleven.
  • For the City of Bristol, two.
  • For the County of Southampton, fourteen, viz.
    • for the City of Winchester, one.
    • for the Town of Southampton, one.
    • for the Town of Portsmouth, one.
    • for the Isle of Wight, two.
    • for the Borough of Andover, one.
    • for the County of Southampton, eight.
  • For the County of Suffolk, sixteen, viz.
    • for the Borough of Ipswich, two.
    • for the Borough of Bury St. Edmonds, two.

Page 30

  • ...
    • for the Borough of Dunwich, one.
    • for the Borough of Sudbury, one.
    • for the County of Suffolk, ten.
  • For the County of Surrey, ten, viz.
    • for the Borough of Southwark, two.
    • for the Borough of Guilford, one.
    • for the Borrough of Rygate, one.
    • for the County of Surrey, six.
  • For the County of Sussex, fourteen, viz.
    • for the City of Chichester, one.
    • for the Borough of Lewis, one.
    • for the Borough of East-greenstead, one.
    • for the Borough of Arundel, one.
    • for the Borough of Rye, one.
    • for the County of Sussex, nine.
  • For the County of Westmorland two.
  • For the County of Warwick, seaven, viz.
    • for the City of Coventry, two.
    • for the Borough of Warwick, one.
    • for the County of Warwick, four.
  • For the County of Worcester, seaven, viz.
    • for the City and County of the City of Worcester, two.
    • for the County of Worcester, five.
  • For the County of Wilts, fourteen, viz.
    • for the City of New Sarum, two.
    • for the Borough of Marleborough, one.
    • for the Borough of the Devizes, one.
    • for the County of Wilts, ten.
  • For the County of Anglesey, two.

Page 31

  • For the County of Brecon, two.
  • For the County of Cardigan, two.
  • For the County of Carmarthen, two.
  • For the County of Carnarvon, two.
  • For the County of Denbigh, two.
  • For the County of Flint, two.
  • For the County of Glamorgan, three, viz.
    • for the Town of Cardiffe, one.
    • for the County of Glamorgan, two.
  • For the County of Merioneth, one.
  • For the County of Montgomery, two.
  • For the County of Pembrook, three, viz.
    • for the Town of Haverfordwest, one.
    • for the County of Pembrook, two.
  • For the County of Radnor, two.

The distribution of the Persons to be chosen for Scotland, and the severall Counties, Cities, and places within the same, shall be according to such proportions and number, as shall be agreed upon, and declared by the Lord Protector and the major part of the Councill, before the send∣ing forth Writs of Summons for the next Par∣lament. The distribution of the Persons to be chosen for Ireland, and the severall Counties, Cities, and places within the same, shall be ac∣cording to such proportions and number, as shall be agreed upon, and declared by the Lord Protector, and the major part of the Councill, before the sending forth Writs of Summons for the next Parlament.

Page 32

XI.

That the summons to Parlament shall be by Writ under the Great Seal of England, dire∣cted to the Sheriffs of the several and respe∣ctive Counties, with such alteration as may suit with the present Government, to be made by the Lord Protector and his Council, which the Chancellour, Keeper, or Commissioners of the Great Seal, shall seal, issue, and send abroad by Warrant from the Lord Protector. If the Lord Protector shall not give war∣rant for issuing of Writs of Summons for the next Parlament, before the first day of June, one thousand six hundred fifty four, or for the Trien∣nial Parliaments before the first day of August in every third year, to be accounted as aforesaid; That then the Chancellour, Keeper, or Com∣missioners of the Great Seal for the time be∣ing, shall, without any Warrant or direction, within seven dayes after the said first day of June, 1654. Seal, Issue, and send abroad Writs of Summons (changing therein what is to be changed as aforesaid) to the several and respe∣ctive Sheriffs of England, Scotland, and Ireland, for summoning the Parlament to meet at West∣minster, the third of September next; and shall like∣wise within seven dayes after the said first day of August, in every third year, to be accounted from the dissolution of the precedent Parlament, Seal, Issue, and send abroad several Writs of Summons, changing therein what is to be changed, as aforesaid, for Summoning the Par∣lament to meet at Westminster the sixt of November in that third year. That the said several and respective Sheriffs shall, within ten dayes after

Page 33

the receipt of such Writs as aforesaid, cause the same to be proclaimed and published in every Market-town within his county, upon the Market-days thereof, between Twelve and Three of the Clock; and shall then also publish and declare the certain day of the week and moneth for choosing Members to serv in Parlament for the Body of the said Coun∣ty, according to the tenor of the said Writ, which shall be upon Wednesday five Weeks after the date of the Writ; and shall likewise declare the place where the Election shall be made; for which purpose he shall appoint the most convenient place for the whole county to meet in, and shall send Precepts for Elections to be made in all and every City, Town, Bo∣rough or place within his County, where Ele∣ctions are to be made by vertue of these Pre∣sents, to the Major, Sheriff, or other Head-Officer of such City, Town, Borough or place, within Three days after the receipt of such Writ and Writs, which the said Ma∣jors, Sheriffs and Officers respectively are to make publication of, and of the certain day for such Elections to be made in the said City, Town or place aforesaid, and to cause Electi∣ons to be made accordingly.

XII.

That at the day and place of Elections, the Sheriff of each county, and the said Majors, Sheriffs, Bayliffs and other Head-Officers within their Cities, Towns, Boroughs and places respectively, shall take view of the said Elections, and shall make return into the Chancery within Twenty days after the said Elections of the persons elected by the greater number of Electors, under their hands and seals, between him on the one part, and the

Page 34

Electors on the other part; wherein shall be contained, That the persons elected shall not have power to alter the Government as it is hereby setled in one single Person and a Par∣lament.

XIII.

That the Sheriff, who shall wittingly and willingly make any fals return, or neglect his duty, shall incur the penalty of Two thou∣sand Marks of lawful English Money; the one moyety to the Lord Protector, and the other moyety to such person as will sue for the same.

XIV.

That all and every person and persons, who have ayded, advised, assisted, or abetted in any War against the Parlament, since the First day of January, One thousand six hundred forty one (unless they have been since in the service of the Parlament, and given signal Testimo∣ny of their good Affections thereunto) shall be disabled, and be uncapable to be elected, or to give any Vote in the Election of any Mem∣bers to serv in the next Parlament, or in the three succeeding Triennial Parliaments.

XV.

That all such, who have advised, assisted, or abetted the Rebellion of Ireland, shall be dis∣abled and uncapable for ever to be elected, or to give any Vote in the Election of any Mem∣ber to serv in Parlament; as also all such who do or shall profess the Roman Catho∣lick Religion.

XVI.

That all Votes and Elections given or made contrary, or not according to these Qua∣lifications, shall be null and void: And if any person who is hereby made uncapable, shall give his Vote for Election of Members to serv in Parlament, such person shall lose and

Page 35

forfeit one full years value of his real estate, and one full third part of his personal estate; one moyety thereof to the Lord Protector, and the other moyety to him, or them who shall sue for the same.

XVII.

That the persons who shall be elected to serv in Parlament, shall be such (and no other then such) as are persons of known In∣tegrity, fearing God, and of good conversa∣tion, and being of the age of One and twenty years.

XVIII.

That all and every person and persons sei∣zed or possessed to his own use, of any estate real or personal, to the value of Two hundred pounds, and not within the aforesaid Excep∣tions, shall be capable to elect Members to serv in Parlament for Counties.

XIX.

That the Chancellor, Keeper, or Commis∣sioners of the Great Seal, shall be sworn be∣fore they enter into their Offices, truly and faithfully to issue forth and send abroad Writs of Summons to Parlaments at the times, and in the maner before exprest; 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 pains and penalties thereof.

XX.

That in case Writs be not issued out, as is before exprest, but that there be a neglect there∣in, fifteen days after the time wherein the same ought to be issued out by the Chancellor, Kee∣per or Commissioners of the Great Seal, that then the Parlament shall, as often as such failer shall happen, assemble and be held at Westminster, in the usual place, at the times pre∣fixt,

Page 36

in maner and by the means hereafter ex∣pressed; That is to say, That the Sheriffs of the several and respective Counties, Shrieve∣doms, Cities, Boroughs and places aforesaid, within England, Wales, Scotland and Ireland, the Chancellor, Masters and Scholars of the Vniversities of Oxford and Cambridge, and the Major and Bayliffs of the Borough of Ber∣wick upon Tweed, and other the places afore∣said respectively, shall at the several Courts and places to be appointed as aforesaid, with∣in Thirty days after the said Fifteen days, cause such Members to be chosen for their said several and respective Counties, Shrieve∣doms, Vniversities, Cities, Boroughs and places aforesaid, by such persons and in such maner, as if several and respective Writs of Summons to Parlament under the Great Seal had issued and been awarded according to the Tenor abovesaid: That if the Sheriff or other persons authorized, shall neglect his or their duty herein; That all and every such Sheriff and person authorized as aforesaid, so neglecting his or their duty, shall, for every such Offence, be guilty of High Treason, and shall suffer the pains and penalties thereof.

XXI.

That the Clerk, called The Clerk of the Com∣monwealth, in Chancery for the time being, and all others, who shall afterwards execute that Office, to whom the Returns shall be made, shall for the next Parliament, and the two succeeding Triennial Parliaments, the next day after such Return, certifie the Names of the several persons so returned, and of the places for which he and they were chosen respectively, unto the Council, who shall peruse the said Returns, and examine

Page 37

whether the persons so Elected and Returned be such as is agreeable to the Qualifications, and not disabled to be elected: And that every person and persons being so duly Elected, and being approved of by the major part of the Council to be persons not disabled, but quali∣fied as aforesaid, shall be esteemed a Member of Parlament, and be admitted to sit in Par∣liament, and not otherwise.

XXII.

That the persons chosen and assembled in maner aforesaid, or any Sixty of them, shall be, and be deemed the Parlament of England, Scotland and Ireland; and the Supream Legisla∣tive Power to be and reside in the Lord Pro∣tector and such Parlament, in maner herein exprest.

XXIII.

That the Lord Protector, with the advice of the major part of the Council, shall at any other time then is before exprest, when the ne∣cessities of the State shall require it, summon Parlaments in maner before exprest, which shall not be Adjourned, Prorogued or Dissol∣ved without their own consent, during the first three Moneths of their Sitting: And in case of future War with any Foreign State, a Parlament shal be forthwith Summoned for their Advice concerning the same.

XXIV.

That all Bills agreed unto by the Parla∣ment, shall be presented to the Lord Protector for his consent; and in case he shall not give his consent thereto, within Twenty days af∣ter they shall be presented to Him, or give satis∣faction to the Parlament within the time li∣mited; That then, upon Declaration of the Parliament, That the Lord Protector hath not consented nor given Satisfaction, such

Page 38

Bills shall pass into, and becom Laws, al∣though he shall not give his consent thereun∣to; provided such Bills contein nothing in them contrary to the matters conteined in these Presents.

XXV.

That Philip Lord Viscount Lisle, Charls Fleet∣wood Esquire; John Lambert Esquire; Sir Gil∣bert Pickering Baronet, Sir Charls Wolseley Ba∣ronet, sir Anthony Ashley-Cooper Bar. Edward Montagu, Esq; John Desborow, Esq; Walter Strick∣land Esq; Henry Lawrence Esq;, William Sydenham, Esq; Philip Jones, Esq; Richard Major Esq; Francis Rous, Phil: Skippon, Esqs or any seven of them, shal be a Council for the purposes exprest in this Writing; and upon the death, or other removal of any of them, the Parlament shall nominate six persons of Ability, Integrity, and fear∣ing God, for every one that is dead or remo∣ved, out of which the major part of the Coun∣cil shall elect two, and present them to the Lord Protector, of which he shall elect one: And in case the Parlament shall not nomi∣nate within Twenty days after notice given unto them thereof, the major part of the Coun∣cil shall nominate three as aforesaid to the Lord Protector, who out of them shall sup∣ply the vacancy; And until this Choice be made, the remaining part of the Council shall execute as fully in all things, as if their number were full: And in case of corruption, or other miscarriage in any of the Council in their Trust, the Parlament shall appoint seven of their numbers, and the Council six, who, together with the Lord Chancellor, Lord Keeper, or Commissioners of the Great Seal for the time being, shall have power to hear and determine such corruption and mis∣carriage,

Page 39

and to award and inflict punish∣ment, as the nature of the Offence shall de∣serv; which punishment shall not be pardoned or remitted by the Lord Protector: And in the interval of Parlaments, the major part of the Council, with the consent of the Lord Pro∣tector, may, for Corruption, or other Miscar∣riage as aforesaid, suspend any of their num∣ber from the exercise of their Trust, if they shall finde it just, until the matter shall be heard and examined as aforesaid.

XXVI.

That the Lord Protector and the major part of the Council aforesaid, may at any time before the meeting of the next Parlament, add to the Council such persons as they shall think fit; provided the number of the Council be not made thereby to exceed One and twen∣ty, and the Quorum to be proportioned accord∣ingly by the Lord Protector and the major part of the Council.

XXVII.

That a constant yearly Revenue shall be raised, setled and establisht for maintaining of Ten thousand Horse and Dragoons, and twen∣ty thousand Foot, in England, Scotland and Ire∣land, for the Defence and Security thereof, and also for a convenient number of Ships for guarding of the Seas; besides Two hundred thousand pounds per annum for defraying the other necessary Charges for administration of Iustice, and other Expences of the Govern∣ment: Which Revenue shall be raised by the Customs, and such other ways and means as shall be agreed upon by the Lord Protector and Council, and shall not be taken away or diminisht, nor the way agreed upon for raising the same altered, but by the consent of the

Page 40

Lord Protector and the Parlament.

XXVIII.

That the said yearly Revenue shall be paid into the Publick Treasury, and shall be issued out for the Vses aforesaid.

XXIX.

That in case there shall not be cause here∣after to keep up so great a Defence at Land or Sea, but that there be an abatement made thereof; the Money which will be saved there∣by, shall remain in bank for the Publique Service, and not be employed to any other use but by consent of Parliament; or in the in∣tervals of Parlament, by the Lord Protector and major part of the Council.

XXX.

That the raising of Money for defraying the Charge of present extraordinary Forces both at Land and Sea, in respect of the pre∣sent Wars, shall be by consent in Parlament and not otherwise; save onely that the Lord Protector, with the consent of the major part of the Council, for preventing the Disorders and Dangers which may otherwise fall out both at Sea and Land, shall have power, un∣til the meeting of the first Parlament, to raise Money for the purposes aforesaid, and also to make Laws and Ordinances for the Peace and Welfare of these Nations where it shall be necessary, which shall be binding and in force, until Order shall be taken in Parlament concerning the same.

XXXI.

That the Lands, Tenements, Rents, Roy∣alties, Iurisdictions and Hereditaments which remain yet unsold or undisposed of by Act or Ordinance of Parlament, belonging to the Commonwealth, (Except the Forests and

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Chases, and the Honors and Manors belong∣ing to the same; the Lands of the Rebels in Ireland, lying in the four Counties of Dublin, Cork, Kildare and Katerlaugh; the Lands forfeit∣ed by the people of Scotland in the late Wars; and also the Lands of Papists and Delin∣quents in England, who have not yet compound∣ed) shall be vested in the Lord Protector; To hold, to him and his Successors, Lord Pro∣tectors of these Nations, and shall not be ali∣ened, but by consent in Parlament: And all Debts, Fines, Issues, Amerciaments, Penal∣ties and Profits, certain and casual, due to the Keepers of the Liberties of England by Autho∣rity of Parlament, shall be due to the Lord Protector, and be payable into his Publick Receipt, and shall be recovered and prosecuted in his Name.

XXXII.

That the Office of the Lord Protector over these Nations, shall be Elective, and not Here∣ditary; and upon the death of the Lord Pro∣tector, an other fit person shall be forthwith elected to succeed him in the Government, which Election shall be by the Council; who, immediately upon the death of the Lord Pro∣tector, shall assemble in the Chamber where they usually sit in Council, and having given notice to all their number, of the cause of their assembling, shall, being Thirteen at least pre∣sent, proceed to the Election; and before they depart out of the said Chamber, shall elect a fit person to succeed in the Government, and forthwith cause Proclamation thereof to be made in all the three Nations as shall be re∣quisite: And the person that they or the major part of them shall elect, as aforesaid, shall be, and shall be taken to be Lord Protector over

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these Nations of England, Scotland and Ireland, and the Dominions thereto belonging: Pro∣vided 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 Magi∣strate over these Nations, or any the Domi∣nions thereto belonging. And until the afore∣said Election be past, the Council shall take care of the Government, and administer in all things as fully as the Lord Protector, or the Lord Protector and Council are enabled to do.

XXXIII.

That Oliver Cromwel Captain General of the Forces of England, Scotland and Ireland, shall be, and is hereby declared to be Lord Protector of the Commonwealth of England, Scotland and Ireland, and the Dominions thereto belonging, for his life.

XXXIV.

That the Chancellor, Keeper or Commis∣sioners of the Great Seal, the Treasurer, Admiral, Chief Governors of Ireland and Scotland, and the Chief Iustices of both the Benches, shall be chosen by the approbation of Parlament; and in the intervals of Par∣lament, by the approbation of the major part of the Council, to be afterwards approved by the Parlament.

XXXV.

That the Christian Religion, contained in the Scriptures, be held forth and recommended as the publique Profession of these Nations; and that as soon as may be, a provision less subject to scruple and contention, and more certain then the present, be made for the En∣couragement and Maintenance of able and painful Teachers, for Instructing the people, and for discovery and confutation of Error, Heresie, and whatever is contrary to sound

Page 43

Doctrine: And that, until such Provision be made, the present Maintenance shall not be taken away nor impeached.

XXXVI.

That to the publique Profession held forth, none shall be compelled by penalties or other∣wise, but that Endeavors be used to win them by sound Doctrine, and the Example of a good Conversation.

XXXVII.

That such as profess Faith in God by Ie∣sus Christ (though differing in judgement from the Doctrine, Worship or Discipline publiquely held forth) shall not be restrained from, but shall be protected in the profession of the Faith, and exercise of their Religion; so as they abuse not this liberty, to the civil Injury of others, and to the actual disturbance of the publique peace on their parts: Provided this liberty be not extended to Popery or Prelacy, nor to such as under the profession of Christ, hold forth and practise Licentiousness.

XXXVIII.

That all Laws, Statutes, Ordinances and Clauses in any Law, Statute and Ordinance to the contrary of the aforesaid Liberty, shall be esteemed as null and void.

XXXIX.

That the Acts and Ordinances of Parla∣ment, 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 Chap∣ters, the Lands of Delinquents, and Forest Lands, or any of them; or of any other Lands, Tenements, Rents and Hereditaments be∣longing to the Commonwealth, shall no way be impeached or made invalid; but shall remain good and firm: And that the Securities gi∣ven by Act and Ordinance of Parliament for

Page 44

any sum or sums of money, by any of the said Lands, the Excize, or by any other publick Revenue; and also the Securities given by the publick Faith of the Nation; and the En∣gagement of the publick Faith for satisfaction of Debts and Damages, shall remain firm and good, and not be made void and invalid upon any pretence whatsoever.

XL.

That the Articles given to, or made with the Enemy, and afterwards confirmed by Par∣lament, shall be performed and made good to the persons concerned therein. And that such Appeals, as were depending in the last Parla∣ment, for relief concerning Bills of Sale of Delinquents Estates, may be heard and deter∣mined the next Parlament, Any thing in this Writing, or otherwise to the contrary notwith∣standing.

XLI.

That every successive Lord Protector over these Nations, shall take and subscribe a So∣lemn Oath, in the presence of the Council, and such others as they shall call to them, That he will seek the Peace, Quiet, and Welfare of these Nations, caus Law and Iustice to be equally administred, and that he will not vio∣late or infringe the matters and things con∣tained in this Writing; and in all other things will to his power, and to the best of his under∣standing, govern these Nations, according to the Laws, Statutes and Customs.

XLII.

That each person of the Council shall, before they enter upon their Trust, take, and subscribe an Oath, That they will be true and faithful in their Trust, according to the best of their knowledg; And, that in the Election of every Successive Lord Protector, they shall pro∣ceed therein impartially, and do nothing there∣in for any promise, fear, favor or reward.

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The Oath taken by His Highness OLIVER CROMWEL, LORD PROTECTOR.

WHereas the Major part of the last Par∣lament (judging that their sitting any longer, as then constituted, would not be for the good of this Common-wealth) did dis∣solve the same, and by a writing under their hands, dated the twelfth day of this instant December, resigned unto Mee their Powers and Authorities; And whereas it was neces∣sary thereupon, That som speedy cours 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 contend∣ed for; And upon full and mature Consi∣deration had of the Form of Government hereunto annexed, being satisfied that the same, through divine assistance, may answer the Ends afore-mentioned; And having also been desired, and advised, aswell by several persons of Interest and Fidelity in this Commonwealth, as the Officers of the Ar∣my, to take upon mee the Protection and Government of these Nations in the manner expressed in the said Form of Government,

Page 46

I have accepted thereof, and do hereby de∣clare my acceptance accordingly. And do promise in the presence of God, That I will not violate, or 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 Cu∣stoms, seeking their Peace, and causing Ju∣stice and Law to be equally administred.

O. CROMWELL.

Oliver Cromwell, Captain General of all the Forces of this Commonwealth, and now declared Lord Pro∣tector thereof, did this sixteenth day of December 1653. sign this writing, and solemnly promise, as is therein contained, in presence of the Lords Commissioners of the Great Seal of England, who administred the same Oath, and of the Lord Maior and Aldermen of the City of London, divers of the Judges of the Land, the Officers of State and Army, and many other per∣sons of quality.

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