May 1659: An Act for Constituting a Councell of State.

May, 1659.

[19 May, 1659.]

Bee it Enacted and Ordained by this present Parlament: and the Authority thereof, That Leiut: Gen. Fleetwood, Sir Arthur Hesilrige, Sir Henry Vane, Lord Cheife Justice St. John, Lord Commissioner Whitlocke, Leiut. Gen.: Ludlow, Algernon Sydney, Richard Salway Herbert Morley, Thomas Scot, Robert Wallop Esq. Sir James Harrington, Valentine Wauton, John Jones William Sydenham, Henry Nevill, Thomas Challoner, John Downes, George Thompson, John Dixwell, Robert Reynolds, Esqrs., Thomas Lord Fairfax, Maior Gen. John Lambert, John Disbrow, James Berry Esq., John Bradshaw Serjeant at Law, Sir Anthony Ashley Cooper, Sir Horatio Townsend, Sir Archibald Johnson, Sir Robert Honywood and Josiah Barners Esq, Or any nine or more of them whereof six to be Members of Parlament shall be a Councell of State from the seaventeenth day of May one thousand six hundred fifty nine, untill the First day of December, which shall bee in the yeare of our Lord One thousand six hundred Fifty and nine, unless the Parlament shall otherwise order the same, And that the members of the said Councell shall take this ensuing Oath before the said Councell, or any three or more of them. viz. I: A: B: being nominated of the Councell of State, by this present Parlament, doe promise in the sight of God, that through his Grace, I will endeavour to maintaine this Commonwealth, as it is declared by Parlament without a single person Kingship or house of peeres; And that I will bee Faithfull in the performance of the trust Committed to me and therein faithfully pursue the Instructions given to the Councell, by this present parlament, And not reveale or disclose any thing in whole or in part directly, or indirectly, that shall be debated or resolved upon in the said Councell, and ordered to be kept secret by the said Councell, without the Commaund direction, or allowance of the Parlament, or Councell.

And the said Councell have hereby power and are authorized to put in execution these following Instructions

1. You are hereby authorized and required to oppose and suppresse whomsoever shall endeavour, or Goe about to sett up or maintaine the pretended title of Charles Stuart, Eldest sonne of the late King, or of any other of the said late Kings Issue, or claymeing under him or them, or the pretended Title, or clayme of any other single person whomsoever, to the Crowne or to the office, or exercise of the Chiefe Magistracy of England Scotland or Ireland, or to any of them, or to any of the Dominions or Territoryes to them or any of them belonging.

2. You are hereby authorized and impowred to order and direct all the Militia's and Forces both by Sea and land raised or to be raised by Authority of Parlament, For the service of this Commonwealth in England Scotland and Ireland, or any of them, and the Dominions to them or any of them belonging, or else where, for preserving the peace and safety thereof, and for preventing, resisting and suppressing, All Tumults and Insurrections, That shall happen to rise in them, or any of them or any Invasions of them from abroad; And alsoe upon emergencyes to raise, and arme such Forces, as you shall iudge necessary for the ends above expressed; And in such cases to give Comissions under the Seale of the Councell, to such officers as you shall judge necessary, for the leading Conducting and Commanding of the said Forces, And for the prosecution and pursuance of these Instructions, or of any other Instructions you shall receive from the Parlament.

3. You shall take Care, that the Stoares and Magazines of all Military provisions, both for the Land service and for the Sea, bee from tyme to tyme well and sufficiently furnished and that the same bee issued forth for the good and service of the Commonwealth, you are alsoe from tyme to tyme to take Care of the repaire of the Shipping belonging to the Commonwealth, And to build such others as you shall iudge necessary for the defence, and safety thereof.

4. You are to use all Good wayes, and meanes for the secureing advancement, and incouragement of the Trade of England Scotland and Ireland, and every of them and the Dominions to them, or any of them belonging, and to promote the good of all Forreigne plantations, and Factoryes belonging to this Commonwealth, or any of the Natives thereof, and alsoe to take Care of the Interest of this Commonwealth in Forreigne parts.

5. You shall advise order and direct concerning the entertaining keeping renewing or setling of Amity, and a good Correspondency with Forreigne States and Kingdomes, and for preserving the rights of the people of this Commonwealth in Forreigne parts, and composeing of their differences there, And you have power to send Agents and Messengers for the ends aforesaid.

6. You are to advise and consult of anything concerning the good of this Commonwealth, and report your opinions concerning the same (as you find occasion) to the parlament.

7. You are hereby authorized to send for any person or persons whatsoever, to advise with them in pursuance of these, or any other Instructions, that shall be given unto you.

8. You have hereby power and are authorized, to send for any Records, writings Accompts, Bookes or papers concerning the publique, that you shall thinke fit, for your Information, in any matter or thing in agitation before you, in puruance of these, or any other Instructions, that shall bee given you by the Parliament.

9. You have hereby power and are Authorized in case of danger to the Commonwealth, to administer an Oath to any person or persons for the discovery of the Truth

10. You are hereby authorised and impowred to send for and imprison any person or persons, or otherwise to secure by taking Bond or Bonds, with sufficient Suretyes, of any such person or persons, as shall bee offenders against these or any other Instructions, which you shall receive from the Parlament, And all such as shall disobey your orders in pursuance of the said Instructions

11. You have hereby power, and are authorized to charge the publique Revenue by warrant under the Seale of the Councell, with such Summeand Summes of money from tyme to tyme, as you shall find necessary for defraying all charges of Forreigne Negotiations, Intelligence, and other necessary Incidencyes, And for the Salary of such Subordinate officers, and Attendants as you shall iudge fitt to imploy, and for the effectuall carrying on of the service by these Instructions Committed to you, or by any other Instructions hereafter to bee given you, from the parlament.

12. You are alsoe to observe, and put in execution such further Orders, as you shall receive from tyme to tyme from the parlament.

13. You have alsoe hereby power to appoint Committees or any other person, or persons, for examinations, receiving of Informations, and preparing of business for the debates or resolutions.

14. You are to meet at Whitehall on the nineteenth day of May one thousand six hundred fifty and nine. And soe from tyme to tyme, and from place to place as you shall see cause, and in such manner, as you shall thinke fitt, for the execution of your Instructions.

15. You are authorized and required to give order for the fall of Timber at due Seasons, and in convenient proportions for the building and repayring of the Shipps belonging to this Commonwealth, And you have power to sell such of the Timber as you shall thinke fitt, And with the money to be raised by such sale to provide other Timber, which may more conveniently, and at lesse charge bee had for the uses aforesaid, for the best advantage of the Commonwealth.

16. You are hereby Authorized and required to take Care to prevent such meetings, as may be dangerous, and preiudiciall to the Safety of the Commonwealth.

17. You are to take Care of the publique Library at St. James, and of the Statues and pictures there, for preserving thereof, And you are hereby impowred to dispose of such of them, as are for the present service of the State, as you shall thinke fitt.

18. You are hereby authorized, and impowred to give warrants for the issueing out of the residue of the moneys arising by sale of the Fee Farme rents (besides what is already disposed of) for the better performance of these Instructions, giveing an account thereof to the Parliament.

19. You are to take Care, that free quarter and other mischiefs; and abuses to the people by short marches of Souldiers, or other wise, be prevented, and to take speedy and effectuall Course therein.

20. You are to cause all warrants, whereby you charge the Treasury of this Commonwealth, upon the respective Treasurers thereof, in pursuance of the Instructions already Given you, or to bee Given you by Parliament, to be fayrely ingrossed in a Book, which book together with an abstract of the Heads of the disbursments made by vertue of such warrants, as you are to deliver into the Parlament upon the day of one thousand six hundred fifty and nine, And as to that head of disbursments which concerne Incidents for the managing of Intelligence, you are to cause the same to be stated in the Gross Summe, to be allowed by yourselves, for the full discharge thereof unto all persons concerned in the issuing or receiving of the same, And all warrants Graunted by you for the issuing of moneys or imprisonment of any person in pursuance of your Instructions shall be signed by the hands of five or more of you.

21. You have alsoe power and are hereby authorized, to give all due encouragement to the exercise of the Fishing Trade by the people of this Commonwealth, upon the Coasts of England Scotland and Ireland, Newfound Land, and other parts belonging to this Commonwealth, and to promote the same to the best advantage of this Commonwealth, by all such wayes and meanes as you shall thinke fitt.