against us or our royal father before the publication of this, shall ever rise in judgment, or be brought in question, against any of them, to the least endamagement of them, either in their lives, liberties or estates, or (as far forth as lies in our power) so much as to the prejudice of their reputations, by any reproach or term of distinction from the rest of our best subjects; we desiring and ordaining that henceforth all notes of discord, separation and difference of parties be utterly abolished among all our subjects, whom we invite and conjure to a perfect union among themselves, under our protection, for the re-settlement of our just rights and theirs in a free Parliament, by which, upon the word of a King, we will be advised.

And because the passion and uncharitableness of the times have produced several opinions in religion, by which men are engaged in parties and animosities against each other (which, when they shall hereafter unite in a freedom of conversation, will be composed or better understood), we do declare a liberty to tender consciences, and that no man shall be disquieted or called in question for differences of opinion in matter of religion, which do not disturb the peace of the kingdom; and that we shall be ready to consent to such an Act of Parliament, as, upon mature deliberation, shall be offered to us, for the full granting that indulgence.

And because, in the continued distractions of so many years, and so many and great revolutions. many grants and purchases of estates have been made to and by many officers, soldiers and others, who are now possessed of the same, and who may be liable to actions at law upon several titles, we are likewise willing that all such differences, and all things relating to such grants, sales and purchases. shall be determined in Parliament, which can best provide for the just satisfaction of all men who are concerned.

And we do further declare, that we will be ready to consent to any Act or Acts of Parliament to the purposes aforesaid, and for the full satisfaction of all arrears due to the officers and soldiers of the army under the command of General Monk; and that they shall be received into our service upon as good pay and conditions as they now enjoy. Given under our Sign Manual and Privy Signet, at our Court at Breda, this day of April, 1660, in the twelfth year of our reign.

4

APPENDIX.

THE CONSTITUTIONAL BILL OF THE FIRST PARLIAMENT

OF THE PROTECTORATE.

[From a MS. in the possession of Lord Braye.]

An Act declaring and settling the government of the Common- 11 Nov., wealth of England, Scotland, and Ireland, and the domin- 1654. ions thereto belonging.

Be it enacted and declared by His Highness the Lord CAP. I. Protector and the Parliament of the Commonwealth of England, Scotland, and Ireland, and the dominions thereto belonging; and it is hereby enacted and declared by the authority aforesaid, that the supreme legislative authority1 of the Commonwealth of England, Scotland, and Ireland, and the dominions thereto belonging, is and shall reside in one person and the people assembled in Parliament in manner following, that is to say, All Bills agreed unto by the Parliament shall be presented to the said single person for his consent, and, in case he shall not give his consent thereunto within twenty days after they shall be presented unto him, or give satisfaction to the Parliament within the time limited, that then such Bills shall pass and become law, although he shall not consent thereunto; provided such Bills contain nothing in them contrary to such matters wherein the single person is hereby declared to have a negative.

into

CAP. 2.

That if any Bill be tendered at any time hereafter to 14 Nov., alter the foundation and constitution of the government of 1654. this Commonwealth from a single person and a Parliament as aforesaid, that to such Bills the single person is hereby declared shall have a negative.

That the style of such single person is and shall be Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the dominions thereunto belonging.

1 MS. authoritive.

да

16 Nov.,

1654.

CAP. 3.

That the office of the Lord Protector over these nations shall be elective and not hereditary.

That the manner of electing the Protector, in the vacancy of a Protector (sitting the Parliament), shall be such as the Parliament shall think fit.

That the Protector dying in the intervals of Parliament, the Council, hereby to be constituted, shall immediately assemble in some convenient place, and having given notice to all their number, or to as many of them as conveniently they may, of the cause and time of their assembling, shall (being thirteen at least present) proceed to the election, and eleven of these or more shall agree who shall be the succeeding Protector, and before they depart shall declare such person so agreed upon to succeed in the government: the manner of election in all other things to be as the Council shall think fit.

That the person so to be elected Protector shall be such and no other than as, by his good conversation amongst the people of these nations, shall manifest himself to be a man of ability, truth, and courage, fearing God and hating covetousness; provided that he shall not be under the age of five-and-twenty years, no alien, nor Papist, nor any of the children of the late King Charles, nor such as shall have or may pretend to have title of inheritance unto the supreme government of these nations of England, Scotland, and Ireland; or any of them, or any other title than by election as aforesaid.

That the present Lord Protector shall take and subscribe a solemn oath for the due calling of Parliaments, and the good government of these nations, and every future Lord Protector, immediately after his election, and before he enter upon the government, shall take and subscribe the same solemn oath for the due calling of Parliament, and the good government of these nations; that such oath shall be taken in Parliament, if the Parliament be then sitting, and in the intervals of Parliament in such public place and manner as the Council shall appoint.

That this shall be the oath to be ministered to the Lord Protector, viz.: 'I do, in the presence and by the name of God Almighty, promise and swear that to the uttermost of my power, I will uphold and maintain the true reformed Protestant Christian religion in the purity thereof, as it is contained in the Holy Scriptures of the Old and New Testament, and encourage the profession and professors

of the same; and will duly cause Parliaments to be summoned and called; and that I will not wittingly or willingly violate nor infringe the liberties and privileges of Parliament, or any of the matters or things contained in the Act of Parliament declaring and settling the government of the Commonwealth of England, Scotland, and Ireland; and will in all things, to the best of my understanding, govern according to the laws, statutes, customs, and liberties of the people of these nations; and will seek their peace and welfare according to those laws, customs, and liberties; and cause justice and law to be equally and duly administered.'

That immediately after the death of every Lord Protector, and after the election of a succeeding Lord Protector, a Parliament be summoned to meet, if a Parliament be not then sitting, or not to meet within four months by force of this Act, or not then already summoned.

That the exercise of the Chief Magistracy over this Commonwealth and the people thereof shall be in the Lord Protector assisted with the Council, the exercise of which power shall be according to the respective laws and customs of these nations of England, Scotland, and Ireland, and the dominions thereunto belonging.

That after the death of any Lord Protector, and until the next Lord Protector shall be elected and sworn, 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.

15 Dec.,

1654.

CAP. 9.

6 Dec.,

1654.

CAP. 10.

20 Dec.,

1654.

CAP. II.

That no writ of summons to any Parliament or any other CAP. 12. writ, process, patents, commissions, nor any proceedings in law or justice shall be discontinued or made void by the death of any Lord Protector.

That all writs, process, patents, commissions, and pro- CAP. 13. ceedings in law or justice, issuing forth or being after any succeeding Lord Protector shall be elected and sworn, shall issue forth and be in the name of such Lord Protector, and are hereby declared to be of full force in law to all intents and purposes; and that all former writs, process, patents, commissions, offices, and officers, shall continue and be in full force as they should have been in if the said Lord Protector had been still living.

That all writs, process, commissions, patents, grants, and CAP. 14. other things which heretofore did or might lawfully have passed or issued in the name or style of the Keepers of the

CAP. 15.

CAP. 16.

Liberties of England by authority of Parliament, shall pass and issue in the name of the Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the dominions thereunto belonging.

That such titles of honour as shall be hereafter conferred in this Commonwealth, shall be derived from the Lord Protector: and that no title of honour hereafter to be conferred by the said Protector shall be hereditary without consent in Parliament.

That it shall not be in the power of the said Lord Protector to pardon murder.

That it shall not be in the power of the said Lord Protector to pardon treason.

That the Lord Protector with the consent of the Council shall have power of pardon, except in case of murder and treason; provided that no pardon extend to exempt any Councillors of State, Judges, Officers, or other Ministers of State from being questioned or sentenced in Parliament for any maladministration or corruption in his office or employment, or for any sentence or judgment agreed upon in Parliament, or any execution thereof, nor shall extend to pardon any person for any breach of privilege of Parliament, nor any other sentence or judgment thereupon. 16 Nov., That Oliver Cromwell, Captain-General of the forces of 1654. England, Scotland, and Ireland is, and shall be, Lord ProCAP. 17. tector of the Commonwealth of England, Scotland and Ireland, and the dominions thereunto belonging for his life.

18 Dec.,

That a constant yearly revenue of £200,000 by the year 1654. be settled and stablished upon the now Lord Protector, and CAP. 18. the succeeding Lords Protectors, for the time being respec

19 Dec.,

tively, for defraying the necessary charges for administration of justice, and other expenses of the government, and for the support of his and their state and dignity as may be for the honour of this Commonwealth of England, Scotland, and Ireland and that the said £200,000 by the year be constantly paid out of the public receipt of the Exchequer by warrant of the Lord Protector and the Council, and shall not be taken away nor diminished without the consent of the Lord Protector and the Parliament.

That Whitehall, St. James' House and Park, the Mews, Somerset House, Greenwich House and Park, Hampton CAP. 19. Court, and the Honour and Manor of Hampton Court, with the parks and grounds thereunto belonging, Windsor Castle,