Rutgers College, New Brunswick,
N. J.; $10,000 for the engineering
school of the University of New
York; $8,000 to Vassar College;
$100,000 to the University of New
York for a Hall of Fame; $250,-
000 for the erection of a Presby-
terian church at Roxbury, N. Y.,
and $50,000 for a building for the
Naval Branch of the Young Men's
Christian Association in Brook-
lyn, N. Y.

Gould, Jay, capitalist; born in
Roxbury, N. Y., May 27, 1836;
studied in Hobart Academy and
afterwards was employed as book-keeper in
a blacksmith shop. Later he learned sur-
veying and was given employment in
making surveys for a map of Ulster
county. After completing the survey
of several other counties, he became
interested in the lumbering business with
Zadock Pratt, whose share he later pur-
chased. Just before the panic of 1857 he
sold his lumber business and went to
Stroudsburg, Pa., where he entered a
bank. It was at this time that he
first became interested in railroad en-
terprises. Removing to New York City
he became a broker, dealing at first in
Erie Railroad bonds. In 1868 he was
elected president of that company and re-
mained in that office till 1872, when the
company was reorganized, and he was
forced as a result of long litigation to re-
store $7,550,000, a portion of the amount
which it was alleged he had wrongfully ac-
quired. While president of the Erie com-



GO URGES— GOVERNMENT



pany he invested heavily in stocks of
various railroads and telegraph companies.
After losing his office in the Erie company
he applied himself to the Pacific railroads,
in which he had become interested, the
elevated railroads of New York, and the
Western Union Telegraph Company. He
built many branch roads, took a number
of roads from receivers, and brought
about combinations which effected what
was known as the " Gould System." He
was actively connected with the Black
Friday (q. v.) and other financial sen-
sations. His financial standing having
been assailed in 1882, he exhibited to a
committee of financiers stocks and bonds
to the face value of $53,000,000, and stated



an important place in English political
history, but in the general history of the
development of the idea of a written con-
stitution.

The following is its text:




that he could produce $20,000,000 more if
desired. He died in New York City, Dec.
2, 1802.

Gourges, Dominic de. See Florida.

Government, Instrument of. A con-
stitution adopted by Cromwell and his
council of officers when the Little Parlia-
ment dissolved itself in December, 1G53,
surrendering authority to Cromwell as
Lord Protector. It is therefore to be re-
garded as the constitutional basis of defini-
tion of the Protectorate; and under it the
reformed Parliament met in September,
1054. This assembly proceeded to settle
the government on a Parliamentary basis,
taking the "Instrument" as the ground-
work of the new constitution, and carry
ing it clause by clause. The Instrument
of Government holds therefore not only



The government of the Commonwealth
of England, Scotland, and Ireland, and
the dominions thereunto belonging.

I. That the supreme legislative author-
ity of the Commonwealth of England.
Scotland, and Ireland, and the dominions
thereunto belonging, shall be and reside in
one person, and the people assembled in
Parliament; the style of which person
shall be the Lord Protector of the Com-
monwealth of England, Scotland, and Ire-
land.

II. That the exercise of the chief magis-
tracy and the administration of the gov-
ernment over the said countries and
dominions, and the people thereof, shall be
in the Lord Protector, assisted with a
council, the number whereof shall not
exceed twenty-one, nor be less than thir-
teen.

III. That all writs, processes, commis-
sions, patents, grants, and other things,
which now run in the name and style
of the keepers of the liberty of England,
by authority of Parliament, shall run in
the name and style of the Lord Protector,
from whom, for the future, shall be de-
rived all magistracy and honours in these
three nations; and have the power of par-
dons (except in case of murders and trea-
son) and benefit of aU forfeitures for
the public use; and shall govern the said
countries and dominions in all things by
the advice of the council, and accord
ir,g to these presents and the laws.

IV. That the Lord Protector, the Par-
liament sitting, shall dispose and order
the militia and forces, both by sea and
land, for the peace and good of the throe
nations, by consent of Parliament; and
that the Lord Protector, with the advice
and 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 ad-
vice aforesaid, shall direct in all things
concerning the keeping and holding of a
good correspondency with foreign kings,
princes, and states; and also, with the



100



GOVERNMENT, INSTRUMENT OF

consent of the major part of the council, Plymouth, 2; Clifton, Dartmouth, Hardness,

hare the power of war and peace. 1 '. Totnes, 1 ; Barnstable, 1 : Tiverton, 1 ;

VI. That the laws shall not be altered, " onltoD ; H 1 : D „ or8 ? f t8 } 1,r \ V f ,orc 1 heste T r ' 1:

, . . , , . Weymouth and Melcomb-Regis, 1 ; Lyme-

suspended, abrogated, or repealed, nor Reg i s , i . Poo ie, 1 ; Durham, 2 ; City of Dur-

any new law made, nor any tax, charge, ham. 1 ; Essex, 13 ; Maiden, 1 ; Colchester, 2 ;

or imposition laid upon the people, but Gloucestershire, 5; Gloucester, 2; Tewkes-

. r _ , f -o .._„ . „„„„ bury, 1; Cirencester, 1; Herefordshire, 4;

by common consent in Parliament, save Hereford, 1; Leominster, 1; Hertfordshire,
only as is expressed in the thirtieth ar- 5 ; St. Alban's, 1 ; Hertford, 1 ; Huntingdon-
title, shire, 3 ; Huntingdon, 1 ; Kent, 11 ; Canter-

VII. That there shall be a Parliament 1 bury o n 2 n : H ^ c h hes ^ er ' j£ J5KS5? V ^t™'

, , , ,„ , . . 1 ; bandwich, 1 ; Queenborough, 1 ; Lan-

eummoned to meet at Westminster upon casu i re , 4; Preston, 1; Lancaster, 1; Llver-

the third day of September, 1654, and pool, 1 ; Manchester, 1 ; Leicestershire, 4 ;

that successively a Parliament shall be Leicester, 2; Lincolnshire, 10; Lincoln, 2;

j .. i_ ™ „ j.v,;_j „„„_ *„ Boston, 1 ; Grantham, 1 ; Stamford, 1 ; Great

summoned once m every third year, to Grlmsb ' V) 1; Middlese ' x , 4; Lon don, 6 ; West-
be accounted from the dissolution of the minster, 2 ; Monmouthshire, 3 ; Norfolk, 10 ;
present Parliament. Norwich, 2; Lynn-Regis, 2; Great Yarmouth.

VIII. That neither the Parliament to j*; Northamptonshire 6 ; Peterborough 1;

, . Northampton, 1 ; Nottinghamshire, 4 ; Not-
be next summoned, nor any successive tlngham( 2 ; Northumberland, 3; New-
Parliaments, shall, during the time of castle-upon-Tyne, 1 ; Berwick, 1 ; Oxford-
five months, to be accounted from the ahlre. 5 ; Oxford City, 1 ; Oxford University,

j„„ „* *!,„:- i„„+ ™««+; u„ n A;m,*. nn A 1; Woodstock, 1; Rutlandshire, 2; Shrop-

day of their last meeting, be adjourned, ghlre> 4 . Sh ;. ewsbury! 2 . Bridgnorth, 1 ;

prorogued, or dissolved, without their own Ludlow, 1 ; Staffordshire, 3 ; Lichfield, 1 ;

consent. Stafford, 1 ; Newcastle-under-Lyne, 1 ; Som-

IX. That as well the next as all other ersetshire, 11 ; Bristol, 2 ; Taunton 2 ; Bath.

_ ,. , ., . 1; Wells, 1; Bridgewater, 1; Southampton-
successive Parliaments, shall be sum- sblre> 8 . winches ter, 1; Southampton, 1;
moned and elected in manner hereafter Portsmouth, 1 ; Isle of Wight, 2 ; Andover,
expressed; that is to say, the persons to 1; Suffolk, 10; Ipswich, 2; Bury St. Ed-
be <*<**„ within England, Wales, and J^Si&SE^iiJStffiiSTi
Ihles of Jersey, Guernsey, and the town Sussex, 9 ; Chichester, 1 ; Lewes, 1 ; East
of Berwick-upon-Tweed, to sit and serve Grinstead, 1 ; Arundel, 1 ; Rye, 1 ; Westmore-

in Parliament shill be and not exceed land ' 2 : Warwickshire, 4 ; Coventry, 2 ; War-
in Parliament, snail t»e, ana not exceea, ^^ 1; Wiltshire 10; New s arum> 2; Marl-

the number of four hundred. Ihe per- borough, 1; Devizes, 1; Worcestershire, 5;

sons to be chosen within Scotland, to sit Worcester, 2.

and serve in Parliament, shall be, and not YwteMre.— West Elding, C I; East Riding,
, ., , . ... , , ., M „ 4 ; North Riding, 4 ; City of York, 2 ; Kings-
exceed, the number of thirty; and the per- ton . upon . Hull> ! . Beverley, 1 ; Scarborough,
sons to be chosen to sit in Parliament for 1 ; Richmond, 1 : Leeds, 1 ; Halifax, 1.
Ireland shall be, and not exceed, the num- Wales.— Anglesey, 2; Brecknockshire, 2 ;
vp- n f +hirtv Cardiganshire, 2 ; Carmarthenshire, 2 ; Car-
L J, 7 ; ^ , * narvonshire, 2; Denbighshire, 2; Flintshire,

X. That the persons to be elected to 2 ; Glamorganshire. 2 ; Cardiff, 1 ; Merioneth-
Bit in Parliament from time to time, for shire, 1 ; Montgomeryshire, 2 ; Pembrokeshire,
the several counties of England, Wales, 2; Haverfordwest, 1; Radnorshire, 2.

the Isles of Jersey and Guernsey, and „.,...... . ,, . .

., . e -r, . , rp„ j a oil The distribution of the persons to be
the town of Berwick-upon-Tweed, and all X11C " " ' , , T , , , ..„
places within the same respectively, shall A— «« Scotland and Ireland, and the
be according to the proportions and -several con nties, cities, an dp ^es ^re-
numbers hereafter expressed: that is to J, shall be according to such proper-
r tions and number as shall be agreed upon
y ' and declared by the Lord Protector and
Bedfordshire, 5 ; Bedford Town. 1 ; Berk- the major part of the council, before the
shire, 5 ; Abingdon, 1 ; Reading, 1 ; Bucking- sending forth writs of summons for the
hamshire, 5 : Buckingham Town, 1 ; Ayles- nex ^ Parliament

1 ; Isle of Ely, 2 ; Cheshire, 4 ; Chester, 1 ; shall be by writ under the Great beal ot

Cornwall, 8 ; Launceston, 1 ; Truro, 1 ; England, directed to the sheriffs of the

cXESlaU ^cJXle."?: D e erbyshTr e e ; l\ -veral and respective counties with such

Derby Town, 1 ; Devonshire, 11 ; Exeter, 2 ; alteration as may suit with the present

101



GOVERNMENT, INSTRUMENT OF



government, to be made by the Lord
Protector and his council, which the
"Chancellor, Keeper, or Commissioners of
the Great Seal shall seal, issue, and send
abroad by warrant from the Lord Pro-
tector. If the Lord Protector shall not
give warrant for issuing of writs of sum-
mons for the next Parliament, before the
first of June, 1G54, or for the Triennial
Parliaments, before the first day of
August in every third year, to be ac-
counted 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 days after the said first day of
•Tune, 1654, seal, issue, and send abroad
writs of summons (changing therein
what is to be changed as aforesaid) to
the several and respective sheriffs of
England, Scotland, and Ireland, for sum-
moning the Parliament to meet at West-
minster, the third day of September next:
and shall likewise, within seven days
after the said first day of August, in every
third year, to be accounted from the dis-
solution of the precedent Parliament,
seal, issue, and send forth abroad several
writs of summons (changing therein
what is to be changed) as aforesaid, for
summoning the Parliament to meet at
Westminster the sixth of November in
that third year. That the said several
and respective sheriffs, shall, within ten
days after the receipt of such writ as
aforesaid, cause the same to be pro-
claimed 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 month, for choosing members to serve
in Parliament for the body of the said
county, 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 pur-
pose he shall appoint the most con-
venient place for the whole county to
meet in ; and shall send precepts for elee-
tions to be made in all and every city,
town, borough, or place within his
county, where elections are to be made
by virtue of these presents, to the Mayor,
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 Mayors, Sheriffs,
and officers respectively are to make pub-
lication of, and of the certain day for
such elections to be made in the said
city, town, or place aforesaid, and to
cause elections to be made accordingly.

XII. That at the day and place of elec-
tions, the Sheriff of each county, and the
said Mayors, Sheriffs, Bailiffs, 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 num-
ber of electors, under their hands and
seals, between him on the one part, and
the 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 settled in one
single person and a Parliament.

XIII. That the Sheriff, who shall wit-
tingly and willingly make any false re-
turn, or neglect his duty, shall incur the
penalty of 2000 marks of lawful English
money; the one moiety to the Lord Pro-
tector, and the other moiety to such per-
son as will sue for the same.

XIV. That all and every person and
persons, who have aided, advised, assisted,
or abetted in any war against the Par-
liament, since the first day of January
1641 (unless they have been since in the
service of Parliament, and given signal
testimony of their good affection there-
unto) shall be disabled and incapable to
be elected, or to give any vote in the elec-
tion of any members to serve in the next
Parliament, or in the three succeeding
Triennial Parliaments.

XV. That all such, who have advised,
assisted, or abetted the rebellion of Ire-
land, shall be disabled and incapable for
ever to be elected, or give any vote in
the election of any member to serve in
Parliament; as also all such who do or
shall profess the Roman Catholic religion.

XVI. 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 incapable, shall give his vote for
election of members to serve in Parlia-



102



GOVERNMENT, INSTRUMENT OF

raent, such person shall lose and forfeit sities, cities, boroughs, and places afore-
one full year's value in his real estate, 6aid, by such persons, and in such man-
and one full third part of his personal ner, as if several and respective writs of
estate; one moiety thereof to the Lord summons to Parliament under the Great
Protector, and the other moiety to him Seal had issued and been awarded accord-
or them who shall sue for the same. ing to the tenor aforesaid: that if the

XVII. That the persons who shall be sheriff, or other persons authorized, shall
elected to serve in Parliament, shall be neglect his or their duty herein, that all
such (and no other than such) as are and every such sheriff and person author-
persons of known integrity, fearing God, ized as aforesaid, so neglecting his or their
and of good conversation, and being of duty, shall, for every such offence, be
the age of twenty-one years. guilty of high treason, and shall suffer

XVIII. That all and every person and the pains and penalties thereof.

persons seized or possessed to his own XXI. That the clerk, called the clerk
use, of any estate, real or personal, to of the Commonwealth in Chancery for the
the value of £200, and not within the time being, and all others, who shall after-
aforesaid exceptions, shall be capable to wards execute that office, to whom the
elect members to serve in Parliament for returns shall be made, shall for the next
counties. Parliament, and the two succeeding Trien-

XIX. That the Chancellor, Keeper, or nial Parliaments, the next day after such
Commissioners of the Great Seal, shall return, certify the names of thp several
be sworn before they enter into their of- persons so returned, and of the places for
flees, truly and faithfully to issue forth, which he and they were chosen respec-
and send abroad, writs of summons to tively, unto the Council ; who shall peruse
Parliament, at the times and in the man- the said returns and examine whether the
ner before expressed; and in case of neg- persons so elected and returned be such as
lect or failure to issue and send abroad is agreeable to the qualifications, and not
writs accordingly, he or they shall for disabled to be elected : and that every per-
every such offence be guilty of high trea- son and persons being so duly elected, and
son, and suffer the pains and penalties being approved of by the major part of the
thereof. Council to be persons not disabled, but

XX. That in case writs be not issued qualified as aforesaid, shall be esteemed
out, as is before expressed, but that there a member of Parliament, and be admitted
be a neglect therein, fifteen days after the to sit in Parliament and not otherwise,
time wherein the same ought to be issued XXII. That the persons so chosen and
out by the Chancellor, Keeper, or Com- assembled in manner aforesaid, or any
missioners of the Great Seal; that then sixty of them, shall be. and be deemed
the Parliament shall, as often as such the Parliament of England, Scotland, and
failure shall happen, assemble and be held Ireland; and the supreme legislative
at Westminster, in the usual place, at power to be and reside in the Lord Pro-
the time prefixed, in manner and by the tector and such Parliament, in manner
means hereafter expressed; that is to herein expressed.

say, that the sheriffs of the several and XXIII. That the Lord Protector, with
respective counties, sheriffdoms, cities, bor- the advice of the major part of the Coun-
oughs, and places aforesaid, within Eng- cil, shall at any other time than is before
land, Wales, Scotland, and Ireland, the expressed, when the necessities of the
Chancellors, Masters, and Scholars of the State shall require it, summon Par-
Universities of Oxford and Cambridge, liaments in manner before expressed, which
and the Mayor and Bailiffs of the borough shall not be adjourned, prorogued, or dis-
of Berwick-upon-Tweed, and other places solved without their own consent, during
aforesaid respectively, shall at the sev- the first three months of their sitting,
eral courts and places to be appointed as And in case of future war with any for-
aforesaid, within thirty days after the cign State, a Parliament shall be forth-
said fifteen days, cause such members with summoned for their advice concern-
to be chosen for their said several and ing the same,
respective counties, sheriffdoms, univer- XXTV. That all Bills agreed unto by

ion



GOVERNMENT, INSTRUMENT OF

the Parliament, shall be presented to the may, at any time before the meeting of
Lord Protector for his consent; and in the next Parliament, add to the Council
case he shall not give his consent thereto such persons as they shall think fit, pro-
within twenty days after they shall be pre- vided the number of the Council be not
sented to him, or give satisfaction to the made thereby to exceed twenty-one, and
Parliament within the time limited, that the quorum to be proportioned according-
then, upon declaration of the Parliament ly by the Lord Protector and the major
that the Lord Protector hath not con- part of the Council.

sented nor given satisfaction, such Bills XXVII. That a constant yearly reve-

shall pass into and become laws, although nue shall be raised, settled, and estab-

he shall not give his consent thereunto; lished for maintaining of 10,000 horse and

provided such bills contain nothing in dragoons, and 20,000 foot, in England,

them contrary to the matters contained Scotland and Ireland, for the defence and

in these presents. security theieof, and also for a convenient

XXV. That Henry Lawrence, Esq., number of ships for guarding of the seas;
&c, or any seven of them, shall be a Coun- besides £200,000 per annum for defraying
cil for the purposes expressed in this the other necessary charges of admin-
writing; and upon the death or other re- istration of justice, and other expenses of
moval of any of them, the Parliament the Government, which revenue shall be
shall nominate six persons of ability, in- raised by the customs, and such other
teority, and fearing God, for every one ways and means as shall be agreed upon
that is dead or removed; out of which the by the Lord Protector and the Council,
major part of the Council shall elect two, and shall not be taken away or dimin-
and present them to the Lord Protector, ished, nor the way agreed upon for raising
of which he shall elect one; and in case the same altered, but by the consent of
the Parliament shall not nominate within the Lord Protector and the Parliament,
twenty days after notice given unto them XXVIII. That the said yearly revenue
thereof, the major part of the Council shall be paid into the public treasury,
shall nominate three as aforesaid to the and shall be issued out for the uses afore-
Lord Protector, who out of them shall said.

supply the vacancy; and until this choice XXIX. That in case there shall not be

be made, the remaining part of the Coun- cause hereafter to keep up so great a de-

cil shall' execute as fully in all things, as fence both at land or sea, but that there

if their number were full. And in case be an abatement made thereof, the money

of corruption, or other miscarriage in any which will be saved thereby shall remain

of the Council in their trust, the Parlia- in bank for the public service, and not be

ment shall appoint seven of their number, employed to any other use but by con-

and the Council six, who, together with $ent of Parliament, or, in the intervals of

the Lord Chancellor, Lord Keeper, or Com- Parliament, by the Lord Protector and

missioners of the Great Seal for the time major part of the Council

being, shall have power to hear and de- XXX. That the raising of money for

termine such corruption and miscarriage, defraying the charge of the present ex-

and to award and inflict punishment, as traordinary forces, both at sea and land,

the nature of the offence shall deserve, in respect of the present wars, shall be by

which punishment shall not be pardoned consent of Parliament, and not otherwise:

or remitted by the Lord Protector; and, save only that the Lord Protector, with

in the interval of Parliaments, the major the consent of the major part of the Coun-

part of the Council, with the consent of cil, for preventing the disorders and dan-

the Lord Protector, may, for corruption or gers which might otherwise fall out both

other miscarriage as aforesaid, suspend by sea and land, shall have power, until

any of their number from the exercise of the meeting of the fir3t Parliament, to

their trust, if they shall find it just, until raise money for the purposes aforesaid ;

the matter shall be heard and examined as and also to make laws and ordinances for

aforesaid. * ne peace and welfare of these nations

XXVT. That the Lord Protector and where it shall be necessary, which shall

the major part of the Council aforesaid be binding and in force, until order shall



GOVERNMENT, INSTRUMENT OF

be taken in Parliament concerning the election be past, the Council shall take

same. care of the Government, and administer

XXXI. That the lands, tenements, in all things as fully as the Lord Pro-
rents, royalties, jurisdictions and heredit- tector, or the Lord Protector and Council
amenta which remain yet unsold or undis- art enabled to do.

posed of, by Act or Ordinance of Parlia- XXXIII. That Oliver Cromwell, Cap-

ment, belonging to the Commonwealth tain - General of the forces of England,

(except the forests and chases, and the Scotland and Ireland, shall be, and is here-

honours and manors belonging to the by declared to be, Lord Protector of the

same; the lands of the rebels in Ireland, Commonwealth of England, Scotland and

lying in the four counties of Dublin, Cork, Ireland, and the dominions thereto be-

Kildare, and Carlow; the lands forfeited longing, for his life.

by the people of Scotland in the late XXXIV. That the Chancellor, Keeper