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 recovered and prosecuted in his name.

said election.

XXXII. That the office of Lord Protector over these nations shall be elective and not hereditary; Article of and upon the death of the Lord Protector, another Succession: elective, fit person shall be forthwith elected to succeed him not herediin the Government; which election shall be by the tary ruler. Council, who, immediately upon the death of the Manner of 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 shall 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 family, 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 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 Cromwell, Captain-General

of the forces of England, Scotland and Ireland, Oliver Cromshall be, and is hereby declared to be, Lord Pro- well, Protectector 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,

tor.

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.

XXXV. That the Christian religion, as contained Tolerance of in the Scriptures, be held forth and recommended Religion. 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.

XXXVI. 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 a good conversation.

XXXVII. That such as profess faith in God by Jesus Christ (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 Intolerance liberty be not extended to Popery or Prelacy, nor to such as, under the profession of Christ, hold forth and practise licentiousness.

toward Roman

Catholicism.

Spirit of freedom,

XXXVIII. 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 Par

liament made for the sale or other disposition of the lands, rents and hereditaments of the late King, Queen, and Prince, of Archbishops 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 the 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 delinquent's 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 contained 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.

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 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.

CONTEMPORARY EXPOSITION

OLIVER CROMWELL (1653)

I suppose the Summons that hath been instrumental to bring you hither gives you well to understand the occasion of your being here. Howbeit, I have something farther to impart to you, which is an Instrument drawn-up by the consent and advice of the principal Officers of the Army; which is a little (as we conceive) more significant than the Letter of the Summons. We have that here to tender you; and somewhat likewise to say farther for our own exoneration: which we hope may be somewhat farther for your satisfaction. And withal seeing you sit here somewhat uneasily by reason of the scantness of the room and heat of the weather, I shall contract myself with respect thereunto..

"But indeed" that is contained in the Paper here in my hand, which will be offered presently to you to read. But having done that, we have done upon such ground of necessity as we have "now" declared, which was not a feigned necessity but a real, "it did behove us," to the end we might manifest to the world the singleness of our hearts and our integrity who did these things, Not to grasp at the power ourselves, or keep it in military hands, no not for a day; but, as far as God enabled us with strength and ability, to put it into the hands of Proper Persons that might be called from the several parts of the Nation. This necessity; and I hope we may say for ourselves, this integrity of concluding to divest the Sword of all power in the Civil Administration, hath been that that hath moved us to put You to this trouble" of coming hither: " and having done that, truly we think we cannot, with the discharge of our own consciences, but offer somewhat to you on the devolving of the burden on your shoulders. It hath been the practice of others who have, voluntarily and out of a sense of duty,

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divested themselves, and devolved the Government into new hands; I say, it hath been the practice of those that have done so; it hath been practised, and is very consonant to reason, to lay down," together with their Authority, some Charge" how to employ it," (as we hope we have done), and to press the duty" of employing it well: " concerning which we have a word or two to offer you.

I have only this to add. The affairs of the Nation lying on our hands to be taken care of; and we knowing that both the Affairs at Sea, the Armies in Ireland and Scotland, and the providing of things for the preventing of inconveniences, and the answering of emergencies, did require that there should be no Interruption, but that care ought to be taken for these things; and foreseeing likewise that before you could digest yourselves into such a method, both for place, time and other circumstances, as you shall please to proceed in, some time would be required, which the Commonwealth could not bear in respect to the managing of things: I have, within a week "past," set-up a Council of State, to whom the managing of affairs is committed. Who, I may say, very voluntarily and freely, before they see how the issue of things will be, have engaged themselves in business; eight or nine of them being Members of the House that late was. I say I did exercise that power which, I thought, was devolved upon me at that time; to the end affairs might not have any interval "or interruption." And now when you are met, it will ask some time for the settling of your affairs and your way. And, "on the other hand," a day cannot be lost, or "left vacant," but they must be in continual Council till you take farther order. So that the whole matter of their consideration also which regards them is at your disposal, as you shall see cause. And therefore I thought it my duty to acquaint you with thus much, to prevent distractions in your way: That things have been thus ordered; that your affairs will "not stop, but" go on, in the meanwhile," — till you see cause to alter this Council; they having no authority or continuance of sitting, except simply until you take farther order.

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CARLYLE, Life of Cromwell, First Speech to the Sixth Parliament. III. 43, 70.