February 1651: Act Constituting a Council of State.

February, 1651

[13 February, 1650/1.]

Bee it Enacted by this present Parliament and the Authoritie thereof that Henry Rolle Lord Chiefe Justice of the upper bench, Oliver St. John Lord Chiefe Justice of the Common Pleas John Bradshaw Sergeant at Law, Oliver Cromwell Captaine Generall of the Parliaments Forces, Philip Skippon Major-Generall of the Citty of London, Sir William Masham Barronett, Bulstroode Whitelocke Sergeant at Law one of the Lords Commissioners for the Great Seale of England, Sr Arthur Hesilrige Barronett, Sir James Harrington Knt, Sir Henry Vane Junior Knt, Denis Bond Esqr, Sir William Armyne Barronett Valentine, Wanton Esqr, Sir Henry Mildmay Knt, William Purefoy Esqr, John Lisle one of the Lords Commissioners for the great Seale of England, Thomas Scott Esqr, John Gurdon Esqr, Thomas Lord Grey of Groby, Sir Gilbert Pickering Barronett, Thomas Challenor Esqr., Richard Salwey Esqr, Francis Allein Alderman of the City of London, Robert Goodwin Esqr, William Lemman Esqr, Major Generall Thomas Harrison Edmund Prideaux Esqr, Attourney Generall for the Commonwealth, Sr Thomas Widderington Sergeant at Law, John Carew Esqr, Sir John Bouchier Knt, Sir John Trevor Knt, Charles Fleetwood Leiutenant Generall of the Horse, Henry Darley Esqr, Thomas Lister Esqr, William Cawley Esqr, Walter Strickland Esqr, Nicholas Love Esqr, William Say Esqr, John Feilder Esqr, George Thompson Esqr, and Sir William Brereton Barronett or any nine of them shall bee and are hereby Constituted and appointed to bee a Councell of State untill the first day of December which shall bee in the yeare of our Lord, One thousand six hundred fifty and one unlesse the Parlament shall otherwise order the same and shall 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 to goe about to sett up or Maintaine the pretended title of Charles Stuart eldest Son to the late King or any other of the said King's issue or clayming under him or them, Or the pretended title or clayme of any other single person whomsoever to the Crowne of England or Ireland Dominion of Wales or to any of the Dominions or Territories to them or either of them belonging.

2. You are hereby Authorized and impowred to order and direct all the Militias and forces both by Sea and Land raised or to bee raised by Authority of Parlament for the service of this Commonwealth in England Ireland and Scotland and the Dominions to them or either of them belonging or elsewhere for preserveing the peace and safety thereof and for preventing resisting and suppressing all tumults and insurrections that shall happen to rise in them or either of them or any invasions of them from abroad And alsoe upon Emergencies to raise and arme such forces as You shall judge necessary for the ends above expressed And in such cases to give Commissions 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 are hereby Authorized and required to use all Goods waies and meanes for the reduceing of Ireland the Isles of Jersey Guernsey Silly and the Isle of Man and all other parts and places belonging to the Commonwealth of England not yet reduced.

4. You are also from time to time to take care of the repaire of the Shipping belonging to the Commonwealth and to build such others as you shall Judge necessary for the defence and safety thereof.

5. You are to use all Good waies and meanes for the secureing advancement and encouragement of the trade of England and Ireland and the Dominions to them belonging and to promote the Good of all Forraigne Plantations and Factories belonging to this Commonwealth or any the Natives thereof.

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

7. You are to advise and consult of any thing concerning the good of this Commonwealth and Report your opinions concerning the same as you find occasion to the Parliament.

8. 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 bee Given unto you.

9. You have hereby power and are Authorized to send for any records writings Accounts bookes or Papers concerning the publique that you shall thinke fitt for your information in any matter or thing in Agitation before you in pursuance of these or any other Instructions that shall bee given you by the Parlament.

10. 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 truth.

11. You are hereby Authorized and impowred to send for and imprison or otherwise to secure by takeing bond or bond with sufficient sureties of any such person or persons as shall bee Offendors against these or any other Instructions which you shall receive from the Parliament And all such as shall disobey your orders in pursuance of the said Instructions.

12. You have hereby power and are Authorized to charge the publique revenue by warrant under the Seale of the Councell with such sume and summes of money from time to time as you shall finde necessary for defraying all Charges of Forreigne negotiations, Intelligence and other necessary incidencies and for the Salary of such subordinate officers and attendants as you shall judge fit to employ 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 Parliament.

13. You are also to observe and put in execution such further orders as you shall receive from time to time from the Parliament.

14. You have also hereby power to appoint Committees or any other person or persons for examinations receiving of Informations and prepareing of businesse for your debates or resolutions.

15. You are to meet at Whitehall on Monday next beeing the seventeenth of February instant and soe from time to time 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.

16. You are Authorized and required to take care for preserveing the Wood and timber growing upon any of the Parks Forrests Chaces and other the Lands belonging to this Comonwealth from Spoyle wast or imbezilment and to give order for the fall of Timber in due seasons and in convenient proportions for the building and repairing the Shipps belonging to this Comonwealth And for such publique uses as you shall thinke necessary, And to appoint Surveyhors Woodwards and other officers and Workemen to execute your orders for the respective purposes before mentioned.

17. You are hereby Authorized and required to take care to prevent such meetings as may bee dangerous and prejudiciall to the safety of the Commonwealth.

18. You are to take care of the publique Library at St. James and of the Statues and pictures there for preserveing 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.

19. You are hereby Authorized and impowred to take care of the supplementall pay of the Army and the extraordinary Charges of carrying on the Warre in Scotland and other incidencies thereunto out of the residue of the monies ariseing by sale of Fee Farme Rents (besides what is already charged upon the Fee Farme Rents) And you are impowred from time to time to issue out warrants for payment of the monies soe to bee raised for the uses aforesaid giveing account thereof to the Parlament.

20. You are hereby Authorized and have power to see the Originalls of the powers given by the King. of Portugall to the publique Minister sent by him and report your opinions and proceeding therein to the Parlament.

21. You have power and are hereby Authorized to remove from London and Westminster and from any place within twenty miles of the same every such person or persons whose abode there shall appeare to you prejudiciall or dangerous to the safety of the Parlament or peace of the Commonwealth.

22. You have power and are hereby Authorized to remove out of all Guarrisons Cittyes Markett Townes and Great Townes all such Ministers as shall upon further tender refuse to acknowledge the present Government of this Commonwealth (by subscribing of the Engagement) to such distance from the same, and for such time as you shall thinke meet.

23. You are to take care that the recruites for Ireland and Scotland bee soe Conducted that free quarter and other mischiefes and abuses to the people by their short marches or otherwise bee prevented and to take speedy and effectuall Course therein.

13° February 1650–51.
Bee it enacted by this present Parlament and by the Authority thereof, that the Councell of State appointed by Authority of Parlament for the yeare ensueing shall have and exercise all such power jurisdiction and Authority, and are hereby Authorized and enabled to doe and execute all such things as pertaine to the Office of the Lord Admirall of England and Lord Warden of the Cinque ports and all such other powers and Authorities as were vested in the Councell of State for the yeare past by force of an Act of Parlament intituled an Act repealing the power formerly Given to the Lord Admirall and transferring it to the Councell of State, Provided that this Act doth continue and stand in force untill the first day of July 1651.