OLIVER, LORD PROTECTOR of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereto belonging, having the Exercise of the chief Magistracy, and the Administration of Government within the said Commonwealth, invested and established in His Highness, assist­ed [Page 10] with a Council, who have Power until the meeting of the next Parliament (which is to be on the third day of September, now next ensuing) 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.

And the said LORD PROTECTOR find­ing it to be most necessary, that some speedy and effectual course be taken for setling the Names, and Forms to be used in Parents, Commissi­ons, and Procedings in Courts of Iustice, the said LORD PROTECTOR, by, and with the Advice and Consent of His said Council, and in pursuance of, and according to the Power and Trust reposed in Him and them, doth De­clare and Ordain, And be it by the Authority a­foresaid Declared and Ordained. That in all Courts of Law, Iustice or Equity, and in all Writs, Grants, Patents, Commissions, Indict­ments, Informations, Suits, Returns of Writs, and in all Fines, Recoveries, Exem­plifications, Recognizances, Process and Pro­ceedings of Law, Iustice or Equity, within the said Commonwealth of England, Scotland, and Ireland, and the Dominions thereto belonging, instead of the Name, Stile, Title and Teste (of the Keepers of the Liberty of England by Authori­ty of Parliament) heretofore used, that from and after the six and twentieth day of December, 1653 the Name, Stile, Title and Teste of the LORD PROTECTOR, for the time being, of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereto belonging, shall be u­sed, and no other; And the date shall be in the year of our Lord and no other.

And that all Duties, Profits, Penalties, Issues, Fines, Amercements, and Forfeitures whatsoever, which heretofore were sued for in the name of the K [...]epers of the Liberty of Eng­land by Authority of) Parliament, shall from & after the said six and twentieth day of Decem­ber be prosecuted, sued forth, and recovered in the said name of the LORD PROTECTOR for the time being, of the Common wealth of Eng­land, Scotland, and Ireland, and the Dominions thereto belonging, and no other. And in all or any of the proceedings aforesaid, where the words were, [The Iurors for the Common­wealth] or, [The Iurors for the Keepers of the Liberty of England by Authority of Parlia­ment, do say or present from and after the said six and twentieth day of Decemb it shall be, The Iurors for the LORD PROTECTOR of the Common-wealth of England, Scotland, and Ireland, &c. do say, or present, and no other.

And all Iudges, Iustices, Officers and Ministers of Iustice whatsoever, are to take notice hereof, and are hereby Authorized and Required to proceed accordingly; And whatsoe­ver shall from & after the said six and twentieth day of December be done contrary to this Ordi­nance, shall be, and is hereby Declared to be null and void.

And it is hereby further Declared and Or­dained by the Authority aforesaid, That all Writs, Commissions, Indictments, Infor­mations, Actions, Suits, Bills or Plaints now depending in any of the Courts of Record at Westminster, or any other Court of Record, And all Pleas, Demurrers, Continuances, and Proceedings whatsoever in all and every such [Page 12] Indictments, Informations, Actions, Suits, Bills and Plaints shall be returnable, stand good and effectuall, and be prosecuted and sued forth in such manner and form, and in the same state, condition and order (the said Changes and Alterations to be as in this Ordinance are particularly expressed) as if the change of Go­vernment had not been made, any Law, Cu­stom, or Vsage to the contrary thereof in any wise notwithstanding; And that any variance that shall be occasioned by reason thereof, touch­ing any the said Writs, Process, or Proceedings, in the Name, Stile, Teste, or otherwise, shall not be in any wise material, as concerning any default or error to be alledged or objected there­unto.

And it is further Declared and Ordained by the said LORD PROTECTOR, with the consent of His Council. That from and after the said six and twentieth day of this instant De­cember, All Indictments, Presentments, and Inquisitions for Treasons, Felonies, Mispri­sions and other Trespasses and Misdemeanours whatsoever, the pleadings therein, and the issues thereupon, shall and may be joined with such person and persons so Indicted, Presented, or Prosecuted by the Clerks of the several Courts wherein such Indictments, Present­ments or Inquisitions shall be Proceeded upon, for and on the behalf of the LORD PROTEC­TOR, as his Atturney, in such sort, manner and form, as they might have done, before the tenth day of this instant December, for and on the behalf of the Keepers of the Liberty, Any Law, Custome or usage to the contrary in any wise notwithstanding. And be it also Declared and [Page 13] Ordained by the Authority aforesaid, That all Indictments, Presentments, and Inquisi­tions taken by Coroners, And all Actions, In­formations and Suits, for and on the behalf of the Keepers of the Liberty, or for and on the behalf of the said Keepers & some Informer or Informers, and now depending, or which did de­pend, in any Court of Iustice, the tenth day of December instant, shall not be discontinued, or put without day, by this change of Government, but that the Process, Pleas, Demurrers, Is­sues and Continuances in every of the said In­dictments, Presentments, Inquisitions, Acti­ons, Informations and Suits, shall stand good and effectual, and be continued, prosecuted, and sued forth, in such manner and form, and in the same Estate, Condition, and Order, as the same were at the tenth day of December afore­said; And that all manner of Iudicial process that shall be had or pursued since the said tenth day of this instant December, upon the said In­dictments, Presentments, Inquisitions, Acti­ons, Informations or Suits, or upon the Pleas, Demurrers, or Issues, & all proceedings thereupon, shall be had, made and prosecuted in the Name of the LORD PROTECTOR, or as well by Him as by the Informer or Informers; And that variance touching the same Process and proceedings between the name of the said Keepers and the said LORD PROTECTOR, shall not be in any wise material as concerning any default or error to be alleged or objected for the same. And it is further Ordained, that all Indictments, Presentments, or Inquisiti­ons, Actions, Suits, or Informations for any offence committed or done in the time of the [Page 14] said Keepers of the Liberty, &c. or for any Debt due to the late King or Keepers of the Liberty, &c. or Cause of Action or Suit by Him or them, and were to be had, made, done, or prosecuted in the Name of the said late King or the Keepers of the Liberty, &c. and an Informer or Informers re­spectively, the same shall be had, made, done, and prosecuted, in the Name, and on the behalf of the LORD PROTECTOR, or in his Name, and the Name of some Informer or Informers, as the Case shall require, in such sort as where such offences were committed, or where such Cause of Action was in one Kings time, and the Indictments, Presentments, Inquisitions, Actions, Informations and Suits, were to be in another Kings time, saving that the Name of the said LORD PROTECTOR shall be used in the stead and place of the succeeding King, or the Keepers of the Liberty, &c. And it is like­wise Ordained by the Authority aforesaid, That all Indictments, Presentments, Inquisitions, Actions, Informations, or Suits, for any of­fence had, made, commited or done since the death of the late King, or for any debt, duty, or mat­ter growing due, or cause of Action arising since that time, shall be had, made, done and prose­cuted in the Name and for the behalf of the LORD PROTECTOR of the Common­wealth of England, Scotland, and Ireland, or in the Name of Him and an Informer or Infor­mers, as the Case shall require; And that the Alterations, Additions, and Omissions in this Ordinance mentioned, shall extend aswel unto Appeals as Indictments, Presentments, and Inquisitions, as the Case shall require.

And it is further Ordained by the Authority [Page 15] aforesaid, That in all Oaths to be given to any Grand Iury or Petty Iury, or to, or for any Witnesses to give in Evidence to any such Iu­ry or Iuries, and in all other Oaths wherein the name of Keepers of the Liberty, &c. was wont to be used, the same shall be given in the name of the LORD PROTECTOR instead of the name of the said Keepers, &c. any Law, Vsage or Custome to the contrary in any wise notwith­standing. And it is lastly Ordained by the Authority aforesaid, That such forms and course of proceedings as were heretofore used in the name and time of the Keepers of the Liberty, &c. in Causes Criminal or Civil, and of which no alteration is made in this Ordi­nance, shall stand and continue to be so used and observed as formerly; And that all In­dictments, Presentments, Inquisitions, Commissions, and Captions made with such Alterations, Additions, or Omissions, as a­foresaid, or with such other Omissions, Additi­ons, or Alterations as shall be proper and ne­cessary for making good of Indictments, Pre­sentments, Commissions, Captions and In­quisitions, and supplying the sence and mean­ing thereof, according to the present Govern­ment of this Commonwealth under the LORD PROTECTOR as aforesaid, shall stand and be good and effectual in Law to all intents and purposes, as if the same had been particularly herein named, Any Law, Custome, or Vsage to the contrary in any wise notwithstanding.