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them who shall sue for the same.

XVII. That the persons who shall be elected to serve in
Parliament, shall be such (and no other than such) as are
persons of known integrity, fearing God, and of good con-
versation, and being of the age of twenty-one years.

XVIII. That all and every person and persons seised or
possessed to his own use, of any estate, real or personal, to
the value of £200, and not within the aforesaid exceptions, sball
be capable to elect members to serve in Parliament for counties.

XIX. 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 Parliament, at the times and in the
manner before expressed: and in case of neglect or failure
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, at is before
expressed, 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 Seal ;
that then the Parliament shall, as often as such failure shall
happen, assemble and be held at Westminster, in the usual
place, at the times prefixed, in manner and by the means
hereafter expressed ; that is to say, that the sheriffs of the
several and respective counties, sheriffdoms, cities, boroughs,
and places aforesaid within England, Wales, Scotland, and
Ireland, the Chancellor, Masters, and Scholars of the Uni-
versities of Oxford and Cambridge, and the Mayor and
Bailiffs of the borough of Berwick-upon-Tweed, and other
places aforesaid respectively, shall at the several courts and
places to be appointed as aforesaid, within thirty days after



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4ia Constitutional Documtnts [1653

the said fifteen days, cause such memhers to be chosen for
their said several and respectire counties, sheriffdoms, nni-
Tersities, cities, boroughs, and places aforesaid, by such persons,
and in such manner, as if sereral and respectiye writs of
summons to Parliament under the Great Seal had issued and
been awarded according to the tenor aforesaid: that if the
sheriff, or other persons authorised, shall neglect his or their
duty herein, that all and every such sheriff and person
authorised 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 Commonwealth
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, certify
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
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 qualified as aforesaid, shaU be
esteemed a member of Parliament, and be admitted to sit in
Parliament, and not otherwise.

XXII. That the persons so chosen and assembled in manner
aforesaid, or any sixty of them, shall be, and be deemed the
Parliament of England, Scotland, and Ireland; and the
supreme legislative power to be and reside in the Lord
Protector and such Parliament, in manner herein expressed.

XXIII. That the Lord Protector, with the advice of the major
part of the Council, shall at any other time than is before
expressed, when the necessities of the State shall require it,
summon Parliaments in manner before expressed, 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 foreign State, a Parliament shall
be forthwith summoned for their advice concerning the same.



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1 6531 The Instrument of Government 413

XXrV. 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 days
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 pass
into and become laws, although he shall not give his consent
thereunto; provided such Bills contain nothing in them con-
trary to the matters contained in these presents.

XXV. That Henry Lawrence, Esq., &c.*, or any seven of them,
shall be a Council for the purposes expressed in this writing ;
and upon the death or other removal of any of them, the Parlia-
ment 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 Council shall elect two, and present them to
the Lord Protector, of which he shall elect one ; and in case
the Parliament shall not nominate within twenty days after
notice given unto them thereof, the major part of the Council
shall nominate three as aforesaid to the Lord Protector, who
out of them shall supply the vacancy ; and until this choice be
made, the remaining part of the Council shall execute as fully
in aU things, as if their number were full. And in case of
corruption, or other miscarriage in any of the Council in their
trust, the Parliament shall appoint seven of their number, and
the Council six, who, together with the Lord Chancellor, Lord
Keeper, or Commissioners of the Qreat Seal for the time being,
shall have power to hear and determine such corruption and
miscarriage, and to award and inflict punishment, as the nature
of the oflence shall deserve, which punishment shall not be
pardoned pr remitted by the Lord Protector ; and, in the interval
of Parliaments, the major part of the Council, with the consent
of the Lord Protector, may, for corruption or other miscarriage
as aforesaid, suspend any of their number from the exercise of
their trust, if they shall find it just, until the matter shall be
beard and examined as aforesaid.

XXVI. That the Lord Protector and the migor part of
the Council aforesaid may, at any time before the meeting

' The nMnM of fiftetn memUrs Are giveii here.



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4^4 Constitutional Documents [1653

of the next Parliament, add to the Council such persons as
they shall think fit, provided the number of the Council be
not made thereby to exceed twenty-one, and the quorum to
be proportioned accordingly by the Lord Protector and the
major part of the Council.

XXYII. That a constant yearly revenue shall be raised,
settled, and established for maintaining of 10,000 horse and
dragoons, and 20,000 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; besides £200,000
per annum for defraying the other necessary charges of
administration of justice, and other expenses of the Government,
which revenue shall be raised by the customs, and such other
ways and means as shall be agreed upon by the Lord Protector
and the Council, and shall not be taken away or diminished,
nor the way agreed upon for raising the same altered, but
by the consent of the Lord Protector and the Parliament.

XXYIII. That the said yearly revenue shall be paid into the
public treasury, and shall be issued out for the uses aforesaid.

XXIX. That in case there shall not be cause hereafter
to keep up so great a defence both at land or sea, but that
there be an abatement made thereof, the money which will
be saved thereby shall remain in bank for the public service,
and not be employed to any other use but by consent of
Parliament, or, in the intervals of Parliament, by the Lord
Protector and major pai-t of the Council.

XXX. That the raising of money for defraying the charge
of the present extraordinary forees, both at sea and land, in
respect of the present wars, shall be by consent of Parliament,
and not otherwise: save only that the Lord Protector, with
the consent of the major part of the Council, for preventing
the disorders and dangers which might otherwise fall out
both by sea and land, shall have power, until the meeting
of the first Parliament, 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 Parliament concerning the same.

XXXI. That the lands, tenements, rents, royalties, juris-



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1653] The Instrument of Government 415

dictions and hereditaments which remain yet unsold or
undisposed of, bj Act or Ordinance of Parliament, belonging
to the Commonwealth (except the forests and chases, and the
honours and manors belonging to the same; the lands of
the rebels in Ireland, lying in the four counties of Dublin,
Cork, Kildare, and Carlow ; 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 rested in the Lord Protector, to hold, to him and
his successors, Lords Protectors of these nations, and shall
not be alienated but by consent in Parliament. And all
debts, fines, issues, amercements, penalties and profits, certain
and casual, due to the Keepers of the liberties of England
by authority of Parliament, shall be due to the Lord Protector,
and be payable into his public receipt^ and shall be recorered
and prosecuted in his name.

XXXn. That the office of 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 Council, who, immediately upon the death
of the Lord Protector, shall assemble in the Chamber where
they usually sit in Council ; and, having given notice to all
their members of the cause of their assembling, shall, being
thirteen at least present, proceed to the election; and, before
they depart 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
requisite; and the person that they, or the major part of
them, shall elect as aforesaid, shall be, and shaJl be taken
to be, Lord Protector over these nations of England, Scotland
and Ireland, and the dominions thereto belonging. Provided
that none of the children of the late King, nor any of his
line or &mily, be elected to be Lord Protector or other Chief
Magistrate over these nations, or any the dominions thereto
belonging. And until the aforesaid election be past, the
Council shall ta]^e a^x^ of the Gpvemment, and administer in
all things as fully as the Lord Protector^ or tlie Lord Protector
and Council are enabled to do.



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4i6 Constitutional Documents [1653

XXXIII. That Oliver Cromwell, 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 Commissioners
of the Great Seal, the Treasurer, Admiral, Chief Governors of
Ireland and Scotland, and the Chief Justices of both the Benches,
shall be chosen by the approbation of Parliament ; and, in the
intervals of Parliament, by the approbation of the major part
of the Council, to be afterwards approved by the Parliament.

XXXY. That the Christian religion, as contained in the
Scriptures, be held forth and recommended as the public
profession of these nations; and that, as soon as may be,
a provision, less subject to scruple and contention, and more
certain than the present, be made for the encouragement and
maintenance of able and painful teachers, for the instructing
the people, and for discovery and confutation of error, hereby,
and whatever is contrary to sound doctrine; and until such
provision be made, the present maintenance shall not be taken
away or impeached.

XXXYI. That to the public profession held forth none shall
be compelled by penalties or otherwise ; but that endeavours
be used to win them by sound doctrine and the example of
% good conversation.

XXXVII. That such as profess feith in God by Jesus Chi'ist
(though differing in judgment from the doctrine, worship or
discipline publicly 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 public 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.

XXXVin. That all laws, statutes and ordinances, and
clauses in any law, statute or ordinance to the contrary of
the aforesaid liberty, shall be esteemed as null and void.

XXXIX. That the Acts and Ordinances of Parliament made
for the sale or other disposition of the lands, rents and



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i653] The Instrument of Government 417

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 hereditaments belonging to the
Commonwealth, shall nowise be impeached or made invalid,
but shall remain good and firm ; and that the securities given
by Act and Ordinance of Parliament for any sum or sums
of money, by any of the said lands, the excise, or any other
public revenue; and also th« securities given by the public
faith of the nation, and the engagement of the public 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 Parliament, shall be performed
and made good to the persons concerned therein; and that
such appeals as were depending in the last Parliament for
relief concerning bills of sale of delinquents' estates, may be
heard and determined the next Parliament, any thing in this
writing or otherwise to the contrary notwithstanding.

XLI. That every successive Lord Protector over these
nations shall take and subscribe a solemn 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,
cause law and justice to be equally administered; and that
he will not violate 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 understanding, govern these
nations according to the laws, statutes and customs thereof.

XLn. 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 knowledge ; and that in the election of every successive
Lord Protector they shall proceed therein impartially, and do
nothing therein for any promise, fear, favour or reward.



B e



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4i8 Constitutional Documents [1654



98. An Obdinanos by the Pbotegtob fob the Union
OP England and Scotland.

[April 13, 1654. Scobelly ii. 393. See Commonwealth and
Protectorate, ii. 103.]

His Highness the Lord Protector of the Commonwealth of
England, Scotland and Ireland, &c., taking into consideration
how much it might conduce to the glory of God and the peace
and welfare of the people in this whole island, that after
all those late unhappy wars and differences, the people of
Scotland should be united with the people of England into
one Commonwealth and under one Government, and finding
that in December, 165 1, the Parliament then sitting did send
Commissioners into Scotland to invite the people of that
nation unto such a happy Union, who proceeded so far therein
that the shires and boroughs of Scotland, by their Deputies
convened at Dalkeith, and again at Edinburgh, did accept
of the said Union, and assent thereunto ,* for the completing and
perfecting of which Union, be it ordained, and it is ordained
by his Highness the Lord Protector of the Commonwealth
of England, Scotland and Ireland, and the dominions thereto
belonging, by and with the advice and consent of his Council,
that all the people of Scotland, and of the Isles of Orkney and
Shetland, and of all the dominions and territories belonging
unto Scotland, are and shall be, and are hereby incorporated
into, constituted, established, declared and confirmed one
Commonwealth with England ; and in every Parliament to be
held successively for the said Commonwealth, thirty persons
shall be called from and serve for Scotland.

And for the more effectual preservation of this Union, and
the freedom and safety of the people of this Commonwealth
so united, be it ordained, and it is ordained by the authority
aforesaid, that all the people of Scotland and of the Isles of
Orkney and Shetland, and of all the dominions and territories
belonging unto Scotland, of what degree or condition soever,
be discharged of all fealty, homage, service and allegiance,
which is or shall be pretended due unto any of the issue and
posterity of Charles Stuart, late King of England and Scotland,



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1654] The Union with Scotland 419

or any claiming under him ; and that Charles Stuart, eldest
son, and James^ called Duke of York, second son, and all other
the issue and posterity of the said late King, and all and every
person and persons pretending title from, by or under him,
are and be disabled to hold or enjoy the Crown of Scotland
and other the dominions thereunto belonging, or any of them ;
or to have the name, title, style or dignity of King or Queen
of Scotland ; or to have and enjoy the power and dominion of
the said kingdom and dominions, or any of them, or the
honours, manors, lands, tenements, possessions and hereditaments
belonging or appertaining to the said Crown of Scotland, or
other the dominions aforesaid, or to any of them, any law,
statute, usage, ordinance or custom in Scotland to the contrary
hereof in any wise notwithstanding.

And it is further ordained by the authority aforesaid, that
the said office, style, dignity, power and authority of King
of Scotland, and all right of the three Estates of Scotland
to convocate or assemble in any general Convocation or Par-
liament, and all conventional and Parliamentary authority in
Scotland, as formerly established, and all laws, usages and
customs, ordaining, constituting or confirming the same, shall
be and are hereby and from henceforth abolished and utterly
taken away and made null and void.

And that this Union may take its more full effect and intent,
be it further ordained by the authority aforesaid, that the
Arms of Scotland, viz. a cross, commonly called St. Andrew's
Cross, be received into and borne, from henceforth in the Arms
of this Commonwealth, as a badge of this Union ; and that all
the public seals, seals of office, and seals of bodies civil or
corporate, in Scotland, which heretofore carried the Arms of
the Kings of Scotland, shall from henceforth instead thereof
carry the Arms of this Commonwealth.

^d be it further ordained by the authority aforesaid, that
all customs, excise and other imposts for goods transported
from England to Scotland, and from Scotland to England, by
sea or land, are and shall be so far taken off and discharged,
as that all goods for the future shall pass as free, and with
like privileges and with the like charges and burdens from
England to Scotland, and from Scotland to England, as goods

Be2

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420 Constitutional Documents [1654

passing from port to port, or place to place in England ; and
that all goods shall and may pass between Scotland and any
other part of this Commonwealth or dominions thereof, with the
like priyileges, freedom, charges and burdens as such goods do
or shall pass between England and the said parts and dominions
thereof, any law, statute^ usage or custom to the contrary thereof
in any wise notwithstanding, and that all goods prohibited
by any law now in force in England to be transported out of
England to any foreign parts, or imported, shall be and hereby
are prohibited to be transported or imported by the same law,
and upon the same penalties, out of Scotland to any foreign
parts aforesaid, or from any foreign parts into Scotland.

And be it further ordained by the authority aforesaid, that
all cesses, public impositions and taxations whatsoever, be
imposed, taxed and leyied from henceforth proportionably from
the whole people of this Commonwealth so united.

And further, to the end that all dominion of tenures and
superiorities importing servitude and vassalage may likewise
be abolished in Scotland, be it further declared and ordained
by the authority aforesaid, that all heritors, proprietors and
possessors of lands in Scotland, or the dominions thereunto
belonging, and their heirs, shall from and after the 12th day
of April, in the year of our Lord 1654, hold their respective
lands of the respective lord and lords by deed, charter, patent
or enfeofiment, to be renewed upon the death of every heritor,
proprietor or possessor (as now they do) to his heir or heirs,
by and under such yearly rents, boons and annual services
as are mentioned or due by any deeds, patents, charters or
enfeoffments now in being, of the respective lands therein
expressed, or by virtue thereof enjoyed without rendering,
doing or performing any other duty, service, vassalage or
demand whatsoever, by reason or occasion of the said lands,
or any the clauses or covenants in the said deeds, charters,
patents or enfeoffments contained, saving what is hereafter,
herein and hereby particularly expressed and declared; that is
to say, heriots, where the same are due, fines (certain where
the same is already certain, and where the fine is uncertaiu,
reasonable fines) upon the death of the lord, and upon the
death or alienation of the tenant, or any of them, where the



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1654] The Union with Scotland 421

same have usually been paid, which said fine (not being already
certain) shall not at any time exceed one year's value of the
lands, and also doing suit and service to such Court and
Courts Baron, as shall be constituted in Scotland, in such
manner as is ordained by one other Ordinance, entitled, an
Ordinance for erecting Courts Baron in Scotland.

And be it ordained by the authority aforesaid, that all and
every the heritors, proprietors and possessors aforesaid, and
their heirs, are and shall be from henceforth for ever discharged
of all fealty, homage, vassalage and servitude, which is or shall
be pretended due from them, or any of them, unto any their
lords or superiors whatsoever, claiming dominion or jurisdic-
tion over them, by virtue of the said patents, charters, deeds
or enfeoffments, and other rights thereof, or of any clauses or
coDditions therein contained, other than is before declared and
ordained. And that all the said superiorities, lordships and
jurisdictions (other than as aforesaid) shall be, and are hereby
abolished, taken off and discharged ; and that all and every the
said deeds, patents, charters and enfeoffments in that behalf
be, and are hereby declared, and made so far void and null ;
and particularly, that all and every the heritors, and others
the persons aforesaid, and their heirs, are and shall be for ever
hereafter freed and discharged of, and from all suits, and
appearing at or in any their lords' or superiors' courts of
justiciary, regality, stuartry, barony, bailiary, heritable sheriff-
ship, heritable admiralty, all which, together with all other
offices heritable, or for life, are hereby abolished and taken
away ; and that all and every the heritors and persons aforesaid,
and their heirs, are and shall be for ever hereafter freed and
discharged of and from all military service, and personal



Online LibrarySamuel Rawson GardinerThe constitutional documents of the Puritan revolution 1625-1660 → online text (page 44 of 51)