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<in;\yj;ljK»10M4J!lli»:iA>  -V 

1 

■ 

THE 


CONSTITUTIONAL  DOCUMENTS 


OF   THE 


PURITAN    REVOLUTION 


1625 — 1660 


SELECTED  AND  EDITED 


DY 


SAMUEL  RAWSON  GARDINER,  M.A.,  D.C.L. 

FKLLOW  or  MBRTON  COLLEGE,  ETC.,  ETC 


THIRD  iDITION.  RIVI8ID 


OXFORD 
AT    THE    CLARENDON    PRESS 

1906 


^S'l' 


-^ 


r     y^ 


// 


HENRY  FROWPE.  M.A. 

PVftiitiisB   TO  TMC   i^ivtatirv  Of  oirua* 

LOMOO^.   CDI^IBL'ROII,    KLW   YORK 

TORO^IO   A^D   MLLHOLRME 


«      .  •     •    ■ 


L    .Y 


V 


•/-!'/:     / 


PREFACE  TO  THE  SECOND  EDITION 

The  documents  in  this  volume  are  intended  to  serve 
either  as  a  basis  for  the  study  of  the  Constitutional 
History  of  an  important  period,  or  as  a  companion  to 
the  Political  History  of  the  time.  By  far  the  greater 
number  of  them  are  printed  in  books  which,  though 
commonly  to  be  found  in  large  libraries,  ai*e,  on  account 
of  their  size  and  expense,  not  readily  accessible  to 
students  in  general.  The  MS.  of  the  Constitutional  Bill 
of  the  first  Protectorate  Parliament,  in  the  handwriting 
of  John  Browne,  Clerk  of  the  Parliaments,  is  preserved 
at  Stanford  Hall  in  the  possession  of  Lord  Braye,  with 
whose  kind  permission  the  copy  used  in  this  volume  has 
been  taken.  It  is  possible  that  a  great  part  of  the 
document  might  have  been  recovered  from  the  entries  of 
clauses  and  amendments  in  the  Journals  of  the  House  of 
Commons,  but,  as  far  as  I  know,  this  is  the  only  complete 
copy  in  existence. 

The  documents  in  Part  I  of  the  present  edition  have 

been  added  at  the  suggestion  of  Professor  Prothero, 

who  very  generously  placed  at  my  disposal  the  copies 

he  had  made  with  the  intention  of  adding  them  to  his 

own  Staivies  and  other  Gonstitutional  Documents  illvs^ 

trative  of  the  reigns  of  Elizabeth  and  Jamee  I  {ClaTtndoTi 

Press,  1 894).  Though  the  Navigation  Act  of  the  Common* 

wealth  has  no  claim  to  a  place  amongst  Constitutional 

Documents,  it  is  of  sufficient  importance  to  be  printed  in 

the  Appendix. 

S.  R.O. 


a  • 


CONTENTS 

PART  I. 

From  the  Accession  of  Ghables  I  to  the  Meeting  of 
THE  Third  Parliament  of  his  Keion. 

PAOB 

1.  Speech  of  Sir  Nathaniel  Rich,  proposing  terms  on  which  the 

House  of  Commons  may  be  prepared  to  grant  Supply  i 

2.  Protestation  of  the  Commons a 

8.  Documents  relating  to  the  Impeachment  of  the  Duke  of 

Buckingham 3 

4.  The  Restraint  of  the  Earls  of  Arundol  and  Bristol         .  44 

5.  The  King's  Letter  and  Instructions  for  the  collection  of  a 

Free  aift 4^ 

6.  Commission  for  raising  Tonnage  and  Poundage  with  Im- 

pobitions 49 

7.  The  Commission   and  Instructions  for  raising  the  Forced 

Loan  in  Middlesex 51 

8.  Thecaseof  the  Five  Knights,  before  the  Court  of  King's  Bench      57 

PART   II. 

From  the  Meeting  of  the  Third  Parliament  of  Charles  I 
TO  the  Meeting  of  the  Long  Parliament. 

9.  Notes  of  a  Bill  brought  in  by  Sir  Edward  Coke  to  secure  the 

liberties  of  the  subject 65 

10.  The  Petition  of  Right 66 

11.  The  Remonstrance  against  Tonnage  and  Poundage  70 

12.  The  King's  Speech  at  the  Prorogation  of  Parliament  at  the 

end  of  the  Session  of  1698 •73 

18.  The  King's  Declaration  prefixed  to  the  Articles  of  Religion   .      75 

14.  Resolutions  on  Religion  drawn  by  a  Sub-Committee  of  the 

House  of  Commons 77 

16.  Protestation  of  the  House  of  Commons 8a 

18.  The  King's  Declaration  showing  the  causes  of  the  late  Dis- 
solution         83 

17.  The  Declaration  of  Sports 99 

18.  Act  of  the  Trivy  Council  on  the  position  of  the  Communion 

Table  at  St.  Qrogory*s 103 

19.  Specimen  of  the  first  Writ  of  Ship-money       ....     105 

80.  The  King*s  Case  laid  before  the  Judges,  with  their  Answer  .     108 

21.  Extracts  from  the  Speech  of  Oliver  St.  John  in  the  Ship- 
money  Case 109 


▼i  CoHienis 

S.*    EiirftHa  fmm  tli^  Argiiiii*nt  of  Sir  R<l«ri  tl«rli«U^.  Juttir« 

•■f  III*  Kifiit «  li«-ii'*li                                                  .         .         .  i\\ 

S3.   Th«Hrv4tiah  N«tlADJU  t'oTrBAnt  fa« 
!ll.   P*tilion  of  Tw«lv«  l'««r«  ff»r  tli#  ftamiu"iuag  of  a  ii«w  Tarlu- 

in^nt      ....                 134 

2ft.  Th«  Kingt  Wrii  •umiD* ulng  tb«  «»ral  C'lon-lt              .         .  ij6 

PART   III. 
Fiiitii  Tui  Mtrriyo  «»r  thb  I^vo  PA«i.iAiiE»f  !••  tuk 

OtlliKKAK    4»r   TUB  CiTIL    WaR. 

M.  The  R'Nii  AH'!  Br»n<  h  l*«titiun  137 

ST.  Tlir  TrienniAl  Act     ...  I44 

SSh.    Hii*  rr<4«atAlinti  15% 

C^.   An  f«r  lli<   AitBlti'l«-r    >f  llir  Stfl  «>f  Mral!<>.1  1  \ft 

V\  Art  ftiFBiiitl  l>i«KiltinK  lh»  l^ng  ParliArnvni  wiih"«ii  lU  'twn 

otrtMhl                            .                  .                  .                           .  i>H 

11.  Tlir  T"nnaf»  Aiiil  I**<iib«U««*  A<-t                                                   ■  ) 'o 

S.'.  Thr  Trn  i*ru|ii«  tioiii                                                                     .  ir*4 

SI.   ItiU  ••n  Charrh  lief«irin  raftd  twic«  in  lli<   ||<mM*  ^f  Li>r«i«  ir«; 

84.   A«*t  f<ir  Iho  At-  lil."ii  •'/  Uic  Court  <•(  SUr  l'h«tnU  r                  .  •  T'i 

S-'i.  Ai  I  f  r  Ihr  Almlilion  of  llir  (*oart  "f  lliffh  CoDiiiiiHi<*n  \f*t 

9'i.   Ai-t  (Ir^-UniiK  thr  illvgalily  t.f  Miip  mf>o*v                                  .  K# 

!t7.   At  f<r  titt  limitati'>n  '-f  K«-n>«i«     ...  iqj 

n*.   A'-l  |>r<  h.Kiliiic  thr  ••lartmn  i-f  Kriifflilh>«'<«l  Firi'-*  :gA 

9V    Rf«*':titi>fi*  i-f  fhv  ll->iiM>  **i  r»mtii*>n«  ••n  |>r|(»«iA«ii'-«t   Xu- 

ii-.«Aii-  111                                    ....  i<^: 

4t>    «*i<l«  r  •*([  thr  l|<>ii«*  ff  I^»r>l*  •-■•  ilie  S#rvi(r««  of  iho  <*hiirch    .  199 
41    KitrA<-t  fr  m  thr  lii«trtirit>.ii«  t«»  th<r  <*-mRiilt««  in  ^rolUll•l. 

|ir..|..  Mr^l   \\    Ih*    ll'>«l^  i-f  <*fi||linoB«     ....  19, 

4i    Th«r  Kifs'a  *«|>«i^t.  t    iIm  KriT^nl^r  i-f  th«  Mtv  nf  l>kti«l  in  so 

49.  l!ir<tr«n>4  Krrn   i.iirjti''*.  with  th#  iViiii-  n  •'v^mpAByiBC  it  «m 

41    1  tir  Ki*  ,:  *  I'r  «  Ijiniaf  I'iri  •  n  l£«*l-ffi- n      .....  93J 

4.'    llf  Kii.^'v  An««rr  t>   ti.«  l*<-tit.-.||  ArmmpBBTinx  ihr  tlrin*! 

Krn)i>rf!rjt. -r                            .......  jj ; 

44    Thr  ln.pr«'*)iit.'nt  <-f    nr  mnnU  r  <»f  thr  ||i-iitt«  of  Lonl*.  sad 

<  f  Ai •  m*  iiil<  r*  •  f  t)  r  II    i«r  '  f  ('••min<*i<«  a3l# 
4?.   A    I>r^! trail   ri   «.f   thr    ||   'im    if  i'  mmoB*   (•'itrhing  b  Lite 

LfA.  h   -f  their  I'r.vil- k'««  ajT 

4*     T>  r  t  Irli'-al    hiMt     :i!-««   A<-'  •«  t 

41f     I  !.■   Itiif  r«eniit«*ii^  A**!  S4a 

fti»      tl.r    tfll.llA  Or*l   lisri   •  94\ 

II     The  l^erUfAlf  B    f  the  II*  u«»t  ou  4'lmrrh  iirf  nn  44; 
it.  The  Kinf*a  rr«rUaMii«'B  rnmlrmmnf  the  MilitiA  UHii 


Contents  vii 

FAUB 

58.  The  Nineteen  Propositions  sent  by  the  two  Houses  of  Parlia- 
ment to  the  King  at  York   . 949 

54.  Declaration  of  the  Houses  in  Defence  of  the  Militia  Ordinance    254 

55.  The  King's  Letter  sent  with  the  Commissions  of  Array  to 

Leicestershire 258 

56.  The  Votes  of  the  Houses  for  raiaing  an  Army         .  .    a6i 

PART  IV. 

From  the  Outbreak  of  the  Civil  War  to  the 
Execution  of  the  King. 

57.  The  Propositions  presented  to  the  King  at  the  Treaty  of 

Oxford a6a 

58.  The  Solemn  League  and  Covenant 267 

59.  The   Ordinance  appointing  the   First   Committee  of   both 

Kingdoms 271 

60.  The  Ordinance  appointing  the  Second  Committee  of  both 

Kingdoms 373 

61.  The  Propoeitions  of  the  Houses  presented  to  the  King  at 

Oxford,  and  subsequently  discussed  at  the  Treaty  of 
Uxbridge 275 

62.  The  King's  Propositions  to  bo  discussed  at  Uxbridge  a86 

63.  The  Self-denying  Ordinance 387 

64.  The  Negative  Oath 389 

65.  Order  of  the  two  Houses  for  taking  away  the  Court  of  Wards  390 

66.  The  Propositions  of  the  Houses  sent  to  the  King  at  Newcastle  390 

67.  The  King*s  first  answer  to  the  Propositions  presented  at  New- 

castle   . 306 

68.  The  King's  second  answer  to  the  Propositions  presented  at 

Newcastle 308 

69.  Suggested  answer  to  the  Propositions  drawn  up  for  the  King 

by  the  leading  Presbyterians  and  a  small  number  of  the 
Independents,  and  forwarded  by  the  French  Ambassador  to 
Cardinal  Mazarin  to  be  laid  before  Queen  Henrietta  Maria    309 

70.  The  King*s  third  answer  to  the  Propositions  presented  at 

Newcastle 311 

71.  The  Heads  of  the  Proposals  offered  by  the  Army    .  .316 

72.  The  King^s  answer  to  the  Propositions  of  Parliament    .        .    336 
78.  Letter  of  Charles  I  to  the  Speaker  of  the  House  of  Lords       .    338 

74.  The  Agreement  of  the  People,  as  presented  to  the  Council  of 

the  Army 333 

75.  The  Four  Bills,  with  the  Propositions  accompanying  them    .    335 
70.  The  Engagement  between  the  King  and  the  Scots  .        .        .    347 

77.  Additional  Articles  of  the  Engagement 353 

78.  The  King's  reply  to  the  Four  Bills  and  the  accompanying 

Propositions 353 


% 


▼iii  CamUnis 

7f .  Th»  Vut«  iii  Nu  Aair%MM       ...                 •  IS^ 

1^.  Tb«  Act  tfr*«iiBf  a  High  Coort  of  iiMii<>«  for  tb*  Ktnfc**  Tr  i«l  337 

81.  Tli«  Agff— Bi»Bt  of  III*  Fm>pI«  359 

91  TIm  Clurs*  affftinst  lh«  King.  37* 

M.  The  King's  rM»)iw  for  d««liniBg  t|i«  jaritrlialloD  of  Ik*  Iligb 

t^ourt  of  Ja>»lic« 374 

$4.  Til*  8«nt«D««  Af  tli#  High  Coart  of  JimCico  u|»"B  tho  King  377 

•i.  Tlio  I»MiUi  WarrAiii  of  Chmrlm  I Slo 

PAKT   V. 

TrB   CoHHOirWBALTR    ASD    PanTgCTOBATC. 

•6    Act  tp^'inling  a  CwQiiril  of  Bui* jPt 

87.  EogAgom#Dt  Ulion  hy  tb«*  in#nbof«  of  Um  C'iia<-tl  of  Suio  .  JII4 

%*.  Art  ab«ilUhiiig  III*  oAeo  of  King 384 

•f.  Act  Alvilitbiiig  Iho  ll»ttw  of  I/irdt ^^ 

•0.  Aet  docUring  EnglAn<l  U>  lio  a  ronm**Dwt;ilili  3M 

91.  AH  dff^'Uriiii:  what  f>flon<M«  •IiaII  ^m  aHjiidgod  Tr9mi»tk  ^00 

tt.  Kagagt^iDont  u»  t«  Ukon  by  all  n#D  of  tlio  ago  of  oaghtoon  .  391 

98.  At-I  ropoaltng  arroral  cUum**  10  Huiiil««  inpnoiaff  ponaltW* 

fur  not  coming  !••  rhurt'h jqi 

94.  Atft  f'T  tho  MoillrinrnI  «»f  Irt^hml  ...  394 

9^.  Uorlaratitiii  bj  tli«  L«>r(l  Q^umrA  aitit  lk«  CiMin'-il  on  ll.#  'It* 

oolulion  of  tlir  I^fttg  Parliament         ....  400 

98.  AummoBs  Ui  a  Mfabor  of th<>  «^'-aHti«|  ^rvb<>nr«  r«rll«nirnr  405 

97    Tht  Invtninirnl  of  (•<i%onin#nt  4*>s 

98.  An  OrdtnAB«w  by  Um  Priori. »r  fr  tUm  I  rifn  of  EiifflanH 

and  A«M)tIan*l       ......  4t9 

9^'.   An  <H>ltnanea  by  lh<'  Pr  twti-r  f  ^r  I  Ir^-iion*  m  SenlanH  %9: 

l*C   An  OrliBaiK**  by  Cli-    Pr  •|pci<*r  f>r  EI«rtittria  m  Ir^^and  49^ 

101.  Tbo   ToDalilufi'nal    Bill    of   fb-    Firvt    Parliammt    of   ihr 

Prirrl'irato                                                         ...  4^7 

t'^.  Tlio  llumMf*  Piifi-n  ftn*!  A'!*!--* 447 

108.  Um-  A-l<lili--nal  P-titi'H  •»•!  A'Uir.  4^ 

104    Wtit  Minim>iuiB|C  Kc  bard  (  r«^aiw«!l  t<    fh«   ll'Qw  <.f  L^r  !• 

of  I  be  Pnj<»ctnral»  464 

lot.  Tb*  IkoaWaii^'b  wf  Brvda  .465 

APrKMUX. 

T^it  KavigAtion  A«t                                                    .        .  4M 

IJIPIlX    .        .        .        •        •  4}a 


INTRODUCTION 

I.    To  the  meeting  qf  the  Third  Parliament  of  Charles  I. 

[ 1628.] 

RsYOLunoirs,  no  less  than  smaller  political  changes,  are  to 
be  accounted  for  as  steps  in  the  historical  development  of 
nations.  They  are  more  violent,  and  of  longer  duration,  in 
proportion  to  the  stubborn  resistance  opposed  to  them  by  the 
institutions  which  stand  in  their  way ;  and  the  stubbornness 
of  that  resistance  is  derived  from  the  services  which  the 
assailed  institutions  have  rendered  in  the  past,  and  which 
are  remembered  in  their  favour  after  they  have  ceased  to 
be  applicable  to  the  real  work  of  the  day,  or  at  least  have 
become  inapplicable  without  serious  modification. 

On  the  other  hand,  many  who,  throwing  ofif  the  conser- 
vatism of  habit,  have  bent  themselves  to  sweep  away  the 
hindrances  which  bar  the  path  of  political  progress,  show 
an  eagerness  to  put  all  established  authority  to  the  test. 
and  to  replace  all  existing  institutions  by  new  ones  more 
in  accordance  with  their  ideal  of  a  perfect  State — an  ideal 
which,  under  all  circumstances,  is  necessarily  imperfect. 
Revolutions,  therefore,  unavoidably  teem  with  disappoint- 
ment to  their  promoters.  Schemes  are  carried  out,  either 
blundering  in  themselves  or  too  little  in  accordance  with 
the  general  opinion  of  the  time  to  root  themselves  in  the 
conscience  of  the  nation ;  aiid,  before  many  years  have  passed 
away,  those  who  were  the  m^t  ardent  revolutionists^  looking 
back  upon  their  baffled  hoped^eclare  that  nothing  worthy 
of  the  occasion  has  been  accomphi^ed. 


I  Iniroduchon 

The  hiiitoriAn  writing  in  a  lAt«»r  ((tnenition  is  dijitnMi«<d 
nifith<*r  by  th<4*  huuyant  ho|iM.  nor  by  this  luekncboly 
d«ii|iair.  !!•  knowii,  on  th#  un«  hand,  thiit,  in  fcroat  m«Miur». 
th«  drpuiia  of  tht<  ideal  iaU  were  but  antici|Miliunii  uf  future 
|>n»Ki'**M  :  Mid  on  tlie  other  hand,  that  the  conaerY Alive  mii- 
givings  of  thoee  who  tunietl  back  wt»re  but  the  inatnimeot 
through  which  thf  nteaflineee  of  |»n»greaa  iodiftpenaabU  to 
all  healthy  growth  waa  maintained.  A  Kevulution.  in  ahoH. 
aa  an  object  of  •itudy,  baa  an  imriTalle«l  attraction  for 
hini.  n«»t  >iecaUNe  it  ia  eiciting.  but  becanae  it  reveala  more 
clearly  tlun  anialK'r  changea  the  Uw  of  human  |iri>gTeaa. 

One  f<«atiin*.  thervforp,  ia  c«>miiion  t4>  all  Hevolutiiina,  that 
tlie  nation  in  which  they  a|i|M«r  ia  euntent.  |ierha|m  after 
yearn  of  agitation,  with  juat  ao  much  change  aa  ia  aufficient 
to  iiKNiify  or  al»olUh  the  inatitution  which,  ao  Co  ^fieak. 
rankleN  in  thf  flt-^ih  uf  tlie  ImmIv  |M»litic.  In  the  Frrnrh 
Kevolutiitit.  for  instance,  the  ««xiat«*nrr  of  priTilegMl  claaaee 
wan  the  evil  which  the  vaiit  iiiaj«irity  uf  the  natii»a  waa 
rM^Adlvotl  tt>  eradicate ;  and  aft«*r  bl«NM|  had  l«*en  ahe«l  in 
torn«nta,  th«*  a«-bi«»vetnent  of  i>«|uality  undf«r  a  dea|iut  «ati<i('i«Hl. 
for  a  tiiii**  at  l««aftt.  tlii«  united  <l<*niand  of  the  nation.  Not 
thf  taking'  "f  tbt*  liaHtilb*  nor  the  rxccutmn  of  I^iui<»  XVI. 
but  the  flight  uf  August  4.  when  h<utLI  itrivilt*^-^  wt*rr 
thriiwn  t«>  tli*>  wjiiiIa.  waA  \\\v  ix^ntnJ  fact  of  the  French  Ki<- 
vulutioii.  It  waa  of  thi*  enaeiio*  of  the  iiiov«*i»fnt  that  there 
ahoulil  C4*aM*  t>»  Im*  |inTileKi«tl  <»nl«*ni.  It  waa  a  «iNHiiidank' 
coniM<«|Ui>nrv  that  thi*  King*a  anlbonty  waa  reatrict«^l  or  hia 
pi'r^'h  mifiuiHMi. 

In  tht*  Knglifth  K«*vi*lution.  on  the  oth^^r  hand,  it  waa  of 
the  e4a«*iir«*  «'f  the  movement  that  tbi*  authority  of  the  Kinj; 
ah«>iild  >!«•  rentrii-tMl.  Tb«»  Kinc^hip  had  done  to«>  mui-h 
aervii'f  in  the  recent  pant,  ami  mi;;ht  do  too  much  aprrirr 
again,  to  \m  alMolutely  alioli*h«^l.  and  there  waa  no  wide- 
•|*reail  ilMiint  for  any  iHM-ial  im|»rov«*menta.  The  alMihtion 
of  thf  llouM*  of  L<»rtla  and  th«-  4w««i|iiiig  away  of  K|*iacv|iacj 
were  aecoudary  cpuae«|uencea  of  the  movrmeul.     Ita  caotrml 


The  Tudor  Cottstitution  xi 

facts  are  to  be  traced  in  the  legislation  of  the  first  months 
of  the  Long  Parliament,  especially  in  the  Triennial  Act,  the 
Tonnage  and  Poundage  Act,  and  the  Acts  for  the  abolition 
of  the  Star  Chamber  and  the  High  Commission.  Then,  just 
as  in  the  French  Revolution  the  Eeign  of  Terror  followed 
upon  the  abolition  of  privileges  on  account  of  the  suspicion 
that  those  who  had  lost  by  the  change  were  conspiring 
with  foreign  armies  to  get  them  back ;  so  in  the  English 
Bevolution  there  followed,  first  the  Civil  War  and  then  the 
trial  and  execution  of  the  King,  on  account  of  the  suspicion 
that  Charles  was  personally  unwilling  to  consent  to  the  loss 
of  power  and  was  conspiring  with  foreign  armies  to  recover  it. 

The  authority  inherited  by  Charles  at  his  accession  was 
derived  from  the  Tudor  monarchy,  which  had  come  into 
power  in  defence  of  the  middle  classes  against  the  great 
landowners,  and  had  maintained  itself  in  power  as  the 
champion  of  a  National  Church  against  a  foreign  eccle- 
siastical organisation  backed  by  foreign  governments.  No 
such  conflict  could  be  successfully  waged  without  reliance 
on  spiritual  forces,  as  well  as  on  the  craving  for  the  material 
advantages  to  be  obtained  by  casting  ofif  the  oppressions  of 
the  nobility  at  home  or  by  repelling  invaders  from  abroad. 
To  some  extent  the  spiritual  force  grew  out  of  the  struggle 
itself,  and  the  exaggerated  expressions  of  loyalty  to  the 
wearer  of  the  crown,  which  fall  so  strangely  on  modern 
ears,  were  but  the  tokens  of  a  patriotic  tide  of  feeling  which 
was  indeed  very  far  from  clearing  away  evil  passions,  but 
which  at  all  events  did  something  to  elevate  the  men  who 
were  subject  to  them.  In  the  main,  however,  the  spiritual 
force  which  bore  Elizabeth  to  triumph  was  religious  zeal,  or 
at  least  zeal  which  was  permeated  by  the  influence  of  religion. 

Of  this  combined  effort  of  patriotism  and  religion  the 
Tudor  institutions  bore  the  impress.  Not  only  were  the 
judges  removable  by  the  Crown,  but  the  Court  of  Star 
Chamber^  which  could  fine,  imprison,  and  in  certain  cases 
sentence  to  the  pillory,  without  the  intervention  of  a  jury, 


xii  /nfrckfurttoh  [1*03  »$ 

was  coDipoMd  of  all  ih«  m«inb#rB  of  ih«  Pnry  Counetl  and 
of  two  of  the  judg««,  thus  •nmbling  ih<'  Sovereign  to  0»cur» 
tb«  decision  in  cams  in  which  he  was  psrsonally  afl»cta<l 
by  a  court  in  manifsst  dependence  on  hiniPielf.  The  same 
thing  may  be  said  of  the  Court  of  High  Commission,  which 
dealt  with  ecclesiastical  offences  and  in  which  the  judicial 
authority  was  practically  exercised  by  the  Bishops  and  the 
lawyers  of  the  Ecclesiastical  Courts,  as  the  laymen  named 
in  the  commission  seldom  or  never  sttsnded  to  their  duties^ 
Again,  the  right  exerciser!  by  Elixabeth  of  levying  Imposi- 
tions, or  Customn-duties  not  voted  by  Parliament,  was  th» 
germ  uf  an  uniMirlismefitary  revenue  which  might  make 
it  needl<«H,  except  in  times  of  great  necessity,  to  consult 
Parliament  at  all.  It  is  true  that  Kliialieth  exercised  h#r 
powers  with  extn»me  ssgscity  and  moderation,  and  that  the 
nation,  confident  in  h'^r  l«ad**nihi|>,  had  not  been  ready  to 
take  offence ;  but  it  was  certain,  that  if  the  time  should 
arrive  when  a  ruler  less  trusted  and  less  rNi{iected  was  on 
the  throne,  there  would  l>e  a  strDny  disp<isitiun  to  lessen  his 
authority.  es[»ecially  if.  as  wan  the  case  at  the  opening  of  th«» 
ssvent«*enth  century,  the  rea»>n4  for  entnitting  the  Crown 
with  Hurh  «>xteni»ive  |M)weD»  had  ceased  to  eii%t. 

Thiii  was  prei  iM*ly  what  happened  during  the  tw«*nty-two 
yearn  of  the  riMk'ti  of  Jstn-e  I.  Jsnu*^  was  out  of  touch 
with  tht*  national  f«««-lin);.  and  thouj^h  h«-  wan  often  wis*  r 
in  his  sinm  than  th«>  llou^e  of  (omiitons.  h^  uausIIv  sought 
to  attain  th^ni  in  an  iinwis«*  wav  1I<*  was  not  tyrannical, 
but  htfi  {Hiliry  afi«i  lii^  con«luct  fitru<'k  no  H'ots  in  the  heart 
of  th«*  nation  ;  an«i  it%o«»n  lM<cain«*  iin|K>-*>ihlt*  to  rt-ffurd  him 
as  in  anv  ^um*  a  l««ed*T  of  th«»  national  action.  At  th«*  same 
tim«*  his  tituini  ial  «lif!irulti«*s.  cau^^ni  tkartlv  hv  an  unavoid* 

s  •  * 

Mv  p-owth  of  ex|>enditiir»*.  h  ;t  fwirtly  aluo  hv  hin  Uvuih 
geiK»ri>«iity  to  his  f^ivouritc-s,  U-*!  him  to  prv^^  ih©  real  or 
sup)*o^xl  rights  of  the  Crown  farther  than  Klixal^th  had 
rart^!  to  pnisi  them.  Twicr  in  h'm  reiKn  ho  raised  a  Ben^ 
volence,  uut  mdeed  by  poeiti\e  ord^r  under  the  Oreat  tieal. 


i6o3-flsl  The  Impositions  xiii 

but  by  invitation  conveyed  in  letters  from  the  Privy  Council. 
The  most  important  financial  step  taken  by  him,  however, 
was  the  levy  of  largely  increased  Impositions.  Elizabeth 
had,  indeed,  for  special  reasons,  levied  a  few ;  and  one  of 
these,  the  Imposition  on  currants,  was  in  1607  the  subject 
of  a  trial  in  the  Court  of  Exchequer,  known  as  Bates's  case. 
Bates,  a  merchant  who  refused  to  pay  the  duty,  on  the 
ground  that  the  King  had  no  legal  power  to  take  it  without 
a  grant  from  Parliament,  was  declared  to  be  in  the  wrong, 
and  the  Crown  found  itself,  by  the  opinion  of  the  Court 
which  was  constitutionally  entrusted  with  the  decision  of 
such  questions,  entitled  to  raise,  in  addition  to  the  Tonnage 
and  Poundage — which,  according  to  established  precedent, 
had  been  voted  to  James  for  life  by  the  first  Parliament  of 
his  reign — as  much  revenue  from  exports  and  imports  as  the 
amount  of  the  consumption  of  foreign  articles  would  permit 
The  claim  of  James  to  levy  Impositions  naturally  raised 
opposition  in  the  House  of  Commons,  as  it  effected  not 
merely  the  pockets  of  the  members  and  their  constituents, 
but  the  constitutional  position  of  Parliament.  According 
to  the  tradition  of  generations,  the  Eling  ought  in  ordinary 
times  'to  live  of  his  own;'  that  is  to  say,  to  supply  his 
needs  from  his  hereditary  revenue  and  from  the  Tonnage 
and  Poundage  which  was  intended  to  enable  him  to  defend 
the  realm  by  sea.  In  extraordinary  times,  when  there  was 
war  or  rebellion  or  any  other  demand  for  unusual  expendi- 
ture^ he  might  fairly  expect  Parliament  to  vote  him  sub- 
sidies, a  form  of  direct  taxation  loosely  resembling  the 
modem  Income  Tax.  In  the  early  part  of  James's  reign, 
however,  the  increasing  necessities  of  the  Crown  seemed 
likely  to  set  at  naught  this  old  theory,  and  subsidies  were 
sometimes  demanded  and  even  granted  when  there  was 
neither  war  nor  rebellion.  The  frequent  convocation  of 
Parliament  became  a  necessity  for  the  Crown,  and  the 
House  of  Commons,  in  proportion  as  the  Crown  entered 
on  unpopular  courses,  saw  its  opportunity  of  bringing  the 


XIV 


IntrodtutioH  ^603 


Crown  to  act  in  fteeortlAncr  with  it*i  wtshM  by  d^lAying 
or  n»fuiiinK  a  gtmitt  of  nubsidi*^  If  howrir«>r  tK«  King 
could  siilMtituU  A  certain  n^vt^nue  from  Im)iu0ttionA  l^Tifnl  by 
prerogatiY<»  for  an  uncertain  rpv#nut»  from  nulisidiM  irninted 
by  ParliAment,  he  would  be  reltered  from  the  neceeetty  of 
conmiltinff  pArliJunent  except  in  really  momentous  crteee. 

The  miHpicion  of  dan^^er  which  may  have  been  entertained 
when  Betee'fi  caw  wne  edjudfCH)  in  the  Exchequer  wae  r* in- 
verted into  a  certainty  in  160H.  when  Jamee  ordered  by 
letters  (patent  the  raising  of  new  Impoaition<i  to  the  value  of 
about  X7;>.ooo,  a  sum  which  would  tncrsase  in  future  years 
with  the  increasing  trsd««  of  the  country.  When  Parliament 
met  in  1610  his  right  to  do  so  wsa  contested  by  the 
Commons,  and  a  compromise  was  sgrwil  to.  by  which 
Jamcfi  was  tit  ntrike  off  jilxiut  s  third  of  the  new  duties 
as  s|)ecially  bunWsomc  to  the  ni^rrhants,  whiUt  the  r%»- 
mainder.  as  matters  then  «»tood,  alK>ut  jt;,o.ooo,  was  to  \m* 
•eeured  t4>  him  by  an  Act  of  Parliament  in  which  words 
wor«»  to  be  inserted  precluding  him  and  his  succeeaors  from 
ever  again  It*vying  dutii>e  without  Parliamentary  consent. 
This  compromise,  however,  was  dependent  on  a  larger 
bann^in.  known  as  th<*  (treat  (ontract,  for  the  sale  by  the 
Crown  in  rvturn  of  certain  feudal  rights,  of  which  the 
principal  was  that  of  Wanliihip,  for  X  100,000  a*year.  and 
when  th«»  t^r^at  Contract  failed,  the  compromise  relating 
to  thf>  Im|>oettions  frll  through  as  welL  Whso  the  second 
Parliament  of  Jamee  I  met  in  t^M.  the  Commons  renewed 
th«-ir  prot««ets  Sirainut  th«*  Imfioeitions,  but  the  Lords  rrfii^ed 
to  di^cufls  the  <|u«*stion.  and  an  early  dissolution  prevente«l 
any  further  steps  from  l*etni;  taken. 

This  dispute  on  the  i%iibj.ct  of  taxation  affected  the  wholt* 
eonoititutiiinal  Miifice.  It  raised  the  i|ueetion  which  is  at 
the  Itottom  «*f  all  constitutional  struKfi:l^<^  the  <|iiestit»n  te. 
tweeri  the  iiati«»nal  will  and  the  national  law.  Whatever 
nav  have  been  the  valu*  t^i  the  statutee  and  precedents 
quoted  at  the  bar  and  on  tlie  bench  in   Bates  s  easa,  the 


i6o3-a5]  The  Church  of  England  xv 

judges  were  the  only  authorised  exponents  of  the  law,  and 
the  judges  had  decided  that  James's  claim  was  legal. 
Against  this  there  was  nothing  to  allege  but  a  resolution 
of  the  House  of  Commons,  and  a  resolution  of  the  House  of 
Commons  could  not  change  the  law.  Only  an  Act  of  Parlia- 
ment could  do  that,  and  in  those  days  an  Act  of  Parliament 
was  not  to  be  had  without  the  real  assent  of  King,  Lords, 
and  Commons.  In  this  case,  however,  the  assent  of  King 
and  Lords  was  not  to  be  had. 

When  the  national  will  is  strongly  asserted,  some  way  is 
certain  to  be  found,  in  spite  of  all  constitutional  difficulties, 
to  change  the  law.  It  is  not  to  be  supposed  that  any  such 
assertion  was  likely  to  be  made  in  1610  or  in  16 14.  Though 
the  members  of  the  House  of  Commons  were  dissatisfied,  they 
were  not  as  yet  disaffected  to  the  Crown,  and  even  their 
dissatisfaction  was  not  fully  shared  by  the  nation  at  large. 

Nor  were  difiiculties  about  religion  likely,  at  this  stage  of 
our  history,  to  incite  to  resistance.  The  Church  of  England 
during  the  Middle  Ages  had  been  to  a  great  extent  national, 
and  when  Henry  VIII  threw  off  the  Papal  jurisdiction  she 
became  entirely  national.  More  than  any  other  Church, 
indeed,  she  retained  a  connection  with  the  past  historical 
development  of  Catholic  Christianity,  and  she  claimed  that 
in  casting  off  the  innovations  of  the  Middle  Ages  she 
appealed  to  the  Scriptures,  and,  in  cases  of  doubt,  to  their 
interpretation  by  the  Christian  writers  of  the  early  centuriea 
Basing  herself  on  this  foundation,  she  retained  the  Episcopal 
office,  which  could  be  shown  to  have  been  in  existence  at 
least  in  very  early  times. 

In  theory  a  descendant  of  the  Church  of  the  first  ages  of 
Christianity,  the  Church  of  England  cut  off  from  Papal 
authority  could  not  fail  to  be  subjected  to  the  influences  of 
an  age  of  religious  change.  On  the  one  hand  she  was  sub- 
jected to  the  Crown,  because  the  nation  was  subjected  to  the 
Crown,  and  on  the  other  hand  her  clergy  and  people  were 
liable  to  be  drawn  this  way  and  that  by  tides  of  opinion 


Tfi  lntrodHcH<m  \  ite)  •% 

flowing  in  frum  tli**  |j«*rtiirlMK!  Continent.  To  enter  into 
thete  mAttern  in  detail  would  be  to  write  the  reliipoui 
hintory  of  the  EiigUnd  of  tli«*  siiteenth  century,  and  it  it 
•nough  to  say  that  at  the  end  of  Eliiabeth*a  reign,  whilat 
the  Queen  had  succeeded  in  maintaining  Epiaeopaey  uid 
to  a  great  extent  the  use  (»f  the  Common  Prayer  Book  aa  it 
had  been  settled  soon  after  her  aoeeaaton,  the  doctrine 
taught  and  accepted  by  the  vast  migority  of  that  part  of  the 
clergy  which  was  in  any  real  sense  of  the  word  religious  was 
CalYiiiistic.  Elizalieth  was,  however,  slow  to  mark  oflenesa* 
tnd  thouf^li  nhe  had  insisted  on  the  complete  use  of  the 
Prayer  B^xik  and  on  conformity  to  the  nibrica  in  important 
placee  Huch  as  C*athe<lrmU  and  College  Chapels,  ahe  had 
winked  at  refuaaU  by  the  incumbents  of  country  parishee 
to  wi*ar  the  surplice  and  to  carry  out  certain  other  cere- 
monial rules.  After  the  al>«>rtivc  llamfiton  Court  Conference 
in  1604  Jamea  re«K»h*tH]  to  enforce  conformity,  and  a  con- 
siderable numl»er  of  th«*  clor^ry  were  depriYed  of  their 
lN*n^H<*««M  for  refusing  to  conform.  These  Puritans*  as 
they  were  calletl.  found  supfiort  in  the  House  of  Commons 
on  the  ground  that  it  would  be  well  at  a  time  when  there 
was  a  d<^rth  of  good  preai^hem  to  retain  the  senriosa  of  men 
who  were  notoriously  conscientious*  and  who  were  morally 
and  intellectually  qualified  for  tlte  fulfilment  of  their  mini*- 
terial  of!i«^.  The  |>usition  of  the  non-conforming  Puritans 
who  appeared  at  Hampton  C<»urt  and  of  their  lay  sup|>orters 
may  at  this  time  lie  eaaily  defined.  Both  accepted  the 
Episcopal  constitution  of  the  Church  and  its  relations  with 
the  Crown.  Both  accept«Hl  the  Prayer  Book  aa  a  whole, 
and  the  Calrinistic  doctrine  commonly  taught  in  the  pulpita. 
On  the  othtT  lumd.  whiUt  the  laymen  did  not  offer  any 
direct  opposition  to  such  ceremonies  as  the  use  of  the 
sur}>lice,  some  of  the  clergy  resigned  their  cures  rather  than 
conform  to  them.  Obvioualy  the  temper  of  the  laity  who 
sympathised  with  the  non-conforming  clergy  waa  still  leas 
likely  to  lead  to  rsaistance  than  tlie  temper  roused  in  them 


i6«i-5]  James  1  and  Parliament  xvii 

by  the  levy  of  the  new  Impositions.  Yet,  though  internal 
peace  was  maintained,  there  was  a  rift  between  the  Crown 
and  the  House  of  Commons,  and  the  rift  was  widened 
during  the  latter  part  of  James's  reign  by  difference  of 
opinion  on  foreign  politics.  The  proposed  mafriage  of  the 
Prince  of  Wales  with  a  Spanish  In&nta,  and  James's  desire 
to  settle  the  troubles  on  the  Continent  caused  by  the  out- 
break of  the  Thirty  Years'  War  -by  means  of  the  Spanish 
alliance,  was  received  with  disapprobation  by  all  classes 
of  Englishmen;  and  when,  in  the  Parliament  of  1621,  the 
Commons  petitioned  the  King  to  abandon  the  Spanish 
marriage,  James  denied  the  right  of  the  House  to  treat 
of  matters  other  than  those  on  which  he  asked  its  advice. 
On  this  the  Commons  drew  up  a  Protestation,  claiming  the 
right  to  discuss  all  matters  relating  to  the  affairs  of  the 
kingdom.  James  dissolved  Parliament,  and  tore  the  Pro- 
testation out  of  the  Journal  Book. 

In  1624  another  Parliament  met,  which  at  first  seemed 
likely  to  come  to  terms  with  the  King ;  as  after  the  failure 
of  his  negotiations  with  Spain  he  was  about  to  take  arms 
for  the  restoration  of  his  son-in-law,  the  Elector  Palatine. 
Differences  of  opinion,  however,  soon  arose  between  James 
and  the  House  of  Commons  as  to  the  principles  on  which 
the  war  was  to  be  conducted.  An  expedition  sent  out 
under  Count  Mansfeld  ended  in  desperate  failure.  Under 
these  circumstances  James  died  in  1625.  His  successor, 
Charles  I,  was  anxious  to  carry  on  war  with  Spain,  but  he 
was  completely  under  the  influence  of  the  Duke  of  Bucking- 
ham, and  all  that  went  wrong  was  naturally  attributed 
to  Buckingham's  mismanagement  Accordingly,  the  Com- 
mons in  the  first  Parliament  of  Charles,  which  met  in  1625, 
after  showing  their  reluctance  to  grant  supplies  for  the  war, 
using  Sir  Nathaniel  Rich  as  their  mouthpiece  in  a  last  effort 
to  find  a  compromise  (No.  i,  p.  i),  proceeded  to  ask  that 
the  King  should  take  the  advice  of  counsellors  in  whom 
Parliament  could  confide.     They  did  not  indeed  propose 

b 


IVUl 


IntroducHoH  Cite6>  7 


that  he  ahould  dismiM  BuckitiKhAxn,  l>ul  th«  grmnCiiig  of 
their  requent  irould  hjive  hetin  a  \on^  sUp  towards  th<> 
••tabltahinent  of  a  rMi|K>n»i>>U  minuitry.  and  would  have 
out  at  the  root  of  th«  Tudor  AViitem.  under  which  the 
■upminacy  f»f  the  Crown  was  (i#<ured  by  th«  rMpoanihility 
of  mtnisten  to  ttwlf  alone  CharlM,  neetng  the  diminution 
of  his  authority  which  would  rrault  from  the  change, 
diaitoWed  Parliament 

Charle«i*e  second  Parliam<»nt  niet  in  i6i6.  An  ex|*editioQ 
to  Cadiz  had  in  the  interval  faiM  to  accoropli<ih  anything, 
and  ther»  were  n^aeona  for  Iwlieving  that  Buckingham  wae 
about  to  pick  a  quarrel  with  Franc4»  in  addition  to  the 
quarrel  with  iSpain.  AU  Buckingham '•  misdeeds  werv  im- 
puted to  the  moat  sordid  motives,  and  the  Commons  had 
every  inducement  to  Ijelieve  the  worst  of  hi%  actiona. 
Charges  of  crime  in  order  to  obtain  the  diamiaud  of  a 
minister  would  commend  tlieiiiaelvee  to  a  House  which  had 
no  flower  to  dismiss  by  simple  resolution  or  petition,  and 
Buckingham  was  tlit*refore  impeached  as  guilty,  not  of 
incum|ietence.  but  of  high  crimes  and  misdemeanours  againat 
the  stat««  (Na  3,  p.  3|l  Charles,  however,  again  interfennl  and 
dissolved  his  second  Parliament  as  sharply  as  he  had  dis- 
solved the  first.  Charles's  failure  in  the  sani«*  Parliament  to 
ket* p  under  restraint  tht*  Harls  ot  Arundel  and  Bristol  f  No.  4, 
p.  44),  might  have  served  as  a  warning  to  him  that  there 
were  Imiits  to  the  devotion  ¥S^t\  of  the  Hous4*  of  Li»rda. 

In  the  autumn  of  lOjft  Charles,  finding  hi*  financial 
nec«^ties  pressing,  and  having  failed  to  persuade  his  subJ4«eis 
to  prss«*nt  him  with  a  fre«  gift  iNo.  5^  p.  46 1,  issued  a  com* 
mission  for  tlie  levy  of  tonnage  and  poundage  by  prerogative 
iNo.  6,  p.  49),  after  which  he  proceeded  to  levy  a  forc«d  loan 
(No.  7.  p.  51 1  In  1617  he  engaged  in  a  war  with  France,  and 
sent  out  a  fleet  and  army  under  Buckingliam  U*  relieve  the 
Huguvuot  stronghold  of  Kochelle  which  was  bt»ing  besieged 
by  the  King  of  Franc*.  This  sipadition.  like  the  preeeding 
Miei  ended  in  Csilure,  and  puhhc  optnion  was  even  mors 


i6a8j  The  Five  Knights'  Case 


XI X 


excited  against  Buckingham  than  before.  In  the  meanwhile 
the  execution  of  the  forced  loan  had  been  resisted,  and  Charles 
had  imprisoned  leading  personages  who  had  refused  payment. 
Five  of  their  number  had  applied  for  a  writ  of  Habeas  Corpus, 
and  the  King's  claim  to  imprison  without  showing  cause, — 
and  thus  by  stating  no  issue  which  could  go  before  a  jury,  to 
prevent  the  imprisoned  person  from  obtaining  a  trial — was 
argued  before  the  Court  of  King's  Bench  in  what  is  known 
as  The  Five  Knights'  Case  (No.  8,  p.  57).  In  the  end  the  five 
knights  were  remanded  to  prison,  but  the  judges  expressed 
80  much  doubt  as  to  the  King's  right  permanently  to  im- 
prison that  Charles's  authority  in  the  matter  was  consider- 
ably shaken.  The  general  result  was  that  the  judges  treated 
the  King's  power  as  something  exceptional,  to  be  employed 
in  special  crises,  and  though  they  were  willing  to  trust  the 
King  to  judge  when  such  a  crisis  existed,  they  were  unable 
to  regard  arbitrary  imprisonment  as  an  ordinary  instrument 
of  government 

Meanwhile,  the  soldiers  who  had  returned  from  Rh^ 
were  billeted  in  private  houses  in  order  that  they  might  be 
kept  in  readiness  for  a  fresh  expedition  in  the  following 
year,  and  were  subjected  to  the  discipline  of  Martial  Law. 
Complaints  were  soon  heard  of  the  oppressive  nature  of  the 
system.  The  Courts  Martial  too  did  not  content  themselves 
with  the  punishment  of  soldiers,  but  also  punished  civilians 
upon  the  complaint  of  soldiers. 


IL  From  the  Meeting  qf  the  Third  Parliament  cf  Charles  I  to 

the  Meeting  qf  the  Long  Parliament. 

[1628-1640.] 

When  Charles's  third  Parliament  met  in  1628,  it  imme- 
diately occupied  itself  with  these  grievances.  After  a  long 
struggle,  in  which  he  refused  to  accept  a  Bill  proposed  by 
Wentworth  and  brought  in  by  Coke,  with  the  object  of  pre- 

b2 


XX  InirotiuchoH  Iitot 

venting  the  re|>eCiti(»n  of  ih«  conduct  compUiiMd  of  without 
|)a»ftinK  judgm<>nt  on  the  King's  conduct  in  the  ]M*t  (No.  9, 
p.  ^5K  Charles  consent^  to  the  Pf*tition  of  Right  ( No.  1  o,  p.  66), 
which  iiftt*r  declaring  that  the  Uw  had  Ix^n  broken,  demanded 
that  thv  King  should  acknowledge  the  exaction  of  'any  gilt, 
loan,  U*neTolenoe,  tax.  or  such  like  cliarge,  without  oommoo 
consent  by  Act  of  Parliament*  all  imprisonment  without 
cau«*e  sliown,  all  billeting  of  soldiers  in  private  houses^  and 
all  exeroine  of  Martial  Law  to  be  illegal  (No.  10.  p.  69I. 

The  IVtititin  of  Right  is  memorable  as  the  fini  statutory 
rmt fiction  of  th<*  |K>weri  of  the  Crown  idnce  the  arrsasion  of 
the  Tudor  dynanty.  Yet«  though  the  principles  laid  down  in 
it  hail  the  wident  |»o«%iiible  liearing,  its  remedies  were  not 
int««iid(Hl  to  apply  to  all  «|uet»tions  which  had  arisen  or  might 
arim*  between  the  Cn>wn  and  the  Parliaments  but  merely 
to  those  which  had  arisen  since  Charlie's  accession.  Parlis* 
ment  liad  waived,  for  the  preeent  at  least,  the  coniii«lermtion 
of  Buckingham^  misconduct.  It  had  ahio  waived  the  con* 
sid<*mti(»n  of  the  que«»tion  of  Impositions.  That  this  was  so 
apiMNirm  by  a  comfMirison  of  the  language  of  the  PeCitioo  of 
Right  with  that  of  th«*  Tonnage  and  Poundage  Act  of  1641 
(No.  31.  p.  i;)9l.  The  prohibition  from  taking  without  Par- 
liamentary C4»nsent  extends  in  the  former  to  'any  gift,  loan« 
benevolenc«*,  tax,  or  such  like  charge.'  in  the  latter  to  any 
'  subeidy.  custom,  impost,  or  charge  whatsoever/  The 
franiem  of  tht*  Petition  of  Right  were  the  first  lawyers  ot 
the  day.  and  it  can  hardly  have  been  through  inadvertence 
that  th*«y  imiitttnl  the  decisive  words  necessary  to  include 
Im|KmitionA  if  tbey  had  intended  to  do  so.  Nor  was  it 
without  "lignificanr**  that  whilst  the  Houm«  in  the  preamble 
to  tbv  Petition  of  Right  refer  to  tht*  imaginary  statute  dr 
TailiHuy  mm  nmrttiendo  aa  enacting  that  *n«>  tallage  or  aid 
ahould  t»e  taken  without  consent/  they  make  no  reference 
to  the  clauses  in  the  Omjinmai%o  Cartwrmm  which  r^er  to  the 
duties  upi»n  merchandise. 

The  moii%v«  of  the  Common*  m  keeping  aileoce  on  the 


i6a8-9l  The  Petition  of  Right  xxi 

Impoaitions  were  probably  twofold.  In  the  first  place,  they 
probably  wished  to  deal  separately  with  the  new  grievances, 
because  in  dealing  with  them  they  would  restrain  the  King's 
power  to  make  war  without  Parliamentary  consent.  The 
refusal  of  Tonnage  and  Poundage  would  restrain  his  power 
to  govern  in  time  of  peace.  In  the  second  place,  they  had 
a  Tonnage  and  Poundage  Bill  before  them.  Such  a  Bill  had 
been  introduced  into  each  of  the  preceding  Parliaments,  but 
in  each  case  an  early  dissolution  had  hindered  its  considera- 
tion, and  the  long  debates  on  the  Petition  of  Right  now 
made  it  impossible  to  proceed  farther  with  it  in  the  existing 
session.  Tet,  for  three  years  the  King  had  been  collecting 
Tonnage  and  Poundage,  just  as  he  collected  the  Impositions, 
that  is  to  say,  as  if  he  had  no  need  of  a  Parliamentary  grant. 
The  Commons  therefore  proposed  to  save  the  right  of  Parlia- 
ment by  voting  Tonnage  and  Poundage  for  a  single  year,  and 
to  discuss  the  matter  at  lenglh  the  following  session.  When 
the  King  refused  to  accept  this  compromise  they  had  some 
difficulty  in  choosing  a  counter-move.  They  were  precluded 
from  any  argument  from  ancient  statute  and  precedent,  be- 
cause the  judges  in  Bates's  case  had  laid  down  the  law  against 
them,  and  they  therefore  had  recourse  to  the  bold  assertion 
that  the  Petition  of  Right  had  settled  the  question  in  their 
favour  (No.  ii,  p.  70).  Charles  answered  by  proroguing 
Parliament,  and  took  occasion  in  so  doing  to  repudiate  the 
doctrine  which  they  had  advanced  (No.  12,  p.  73). 

Soon  after  the  prorogation  Buckingham  was  murdered, 
and  it  is  possible  that  if  no  other  question  had  been  at  issue 
between  the  Crown  and  the  Commons  than  that  of  the 
Customs-duties  the  next  session  would  have  seen  the  end  of 
the  dispute.  The  Church  question  had,  however,  by  this 
time  reached  a  new  stage.  To  the  dispute  about  surplices 
had  succeeded  a  dispute  about  doctrine  and  discipline.  A 
school  of  theological  students  had  arisen  which  rejected  the 
authority  of  Calvin,  and  took  up  the  principle  advocated  by 
Cranmer  that  the  patristic  writings  afforded  a  key  to  the 


Inlrotfuetiom  {i«m 

muftBins  of  th«  Seriptun*  in  dutiMful  poUttiL  In  |>m»- 
cuUbc  thsir  sIuiUm  Ibvjr  iMrnt  to  ktueh  q>*dal  t*1im  t«  lh» 
dMbiiM  of  MonouaUl  (rae*.  «ad  to  Nftfd  B|ri«*|iMf  M  ■ 
diria*  iiMtlfaitioa  Md  not  m  a  tawsly  hatitMi  ■magoBMil  t 
wkOst,  on  Om  oUmt  hud,  tlvr  bMid  thiir  oanyJiHr—  m 
hiatoriMl  atmly.  tkas  wtling  tk«ir  &o«  rurinrt  the  plM 
Ibal  truth  wu  dtritMly  rfVMM  In  Um  SoipUm*  bIbb^ 
without  tho  nintity  of  MtppboMaltnc  il  hj  Ibo  two- 
chMiMU  of  huDU  nMoo.  In  Ih*  AdMarftal  fW^  W 
tho  fiMl  HookM-  thmi  idoM  war*  wt  tmik  wfth  o  lufo. 
DM  of  nind  ukd  >  hfMdth  M  ehuitf  wUeh  undo  U*  work 
aMnonUtMnludiMrklatkoUrtarroftho^L  Itww 
Um  alMtinrpoinl  of  n  ohiago  wUeh  wis  to  NbatliHto 
rwimtiliniM  for  dognnHw,  uid  obieh  ww  altinntoly  to 
bUnd  with  tha  poUtl(«l  uid  pht)oM>|^ic«l  td«M  of  tho  Utl#r 
hUf  of  th«  WTvntavnU)  rvntun'  in  putting  an  and  to  in- 
lolannn*  and  porMoutiun.  Tha  (oIIowms  of  Honluir  wmo  oI 
fini  tbo  hFW  who.  in  iptto  of  Ibotr  ^)|m»)  to  uliqmilr.  ««n 
in  thoir  emtnl  oobtIoUmm  la  advuMo  of  Ihoir  ai«.  TW 
(iv*  •neb  noD  iMr  doo  !•  almT*  hud  far  e>alMttpB«nrii^ 
and  H  WM  MpocUlf  hud  at  •  U»o  wboo  tho  idon  of  m 
•ulnaiTo  KatioBol  Church  hod  o  &rai  hold  on  oil  mUuk  If 
thon  WM  Mjrthbv  Itholjr  to  nuk*  it  impOMiblo,  at  bMt  far 
th*  Urm,  U  wedd  bo  an  alfanpt  to  pboa  than  in  pmIUmm 
of  aothuritf .  T«l  thia  wm  th*  vary  tUa«  whidi  Chatfaa 
did.  Hta  tnriad  adri»r  in  Ohoreh  Mtt«  «m  Bliti| 
Und.  oad  Land.  aluriMi  Ruofcar'a  dUha  of  ChlTfahlit 
doftnaUun.  ww  hiUy  p«atntod  with  tho  wyirtfaa  thai 
ho  and  Uo  frtonda  idmI  attbor  onA  tht  ChhtaJMa  or  ha 
WMhod  bf  than,  and  thai  Iha  onljr  way  to  prodaco  thai 
vailjr  bi  Ih*  Chnnh  wbkh  ho  dwirod  to  mo  waa  to  W 
faoHl  in  tho  aiilharitatfva  onftaaaiiioiit  of  onifamity  in  tho 
pnftkoaorihoCbwvkaablddawnbyUw.  H«Mo.hoUio« 
Iho  King'*  Mda  and  on  that  of  hia  ant^inJala.  polW^  a^ 
laBtiiiaaiiiiinidillniwTriTBiliiiil]  nnnniitif  TWiMidtea 
•laqy  hdm  in  a  inteofily  onahad  tho  Boyal  ptonflMlra 


1699-40]     The  King's  breach  with  the  Commons       xxiii 

from  which  they  expected  protection,  and  declared  them- 
selves in  its  favour  even  in  such  purely  constitutional 
questions  as  those  relating  to  arbitrary  taxation,  whilst  the 
Calvinistic  clergy  and  laity,  feeling  themselves  to  be  in  a 
majority,  exalted  the  authority  of  Parliament  by  which  that 
minority  was  represented.- 

One  of  the  questions  at  issue  was  Calvin's  doctrine  of 
predestination.  The  Galvinists  held  it  to  be  one  of  6he 
fundamental  tenets  of  Christianity  and  condemned  those  who 
opposed  it  as  Arminian  heretics.  Laud  always  asserted 
that  he  was  not  an  Arminian,  as  he  considered  the  question 
to  be  one  beyond  the  reach  of  his  faculties  to  resolve.  It 
was  doubtless  upon  Laud's  advice,  though  ostensibly  upon 
the  advice  of  as  many  Bishops  as  could  be  got  together 
upon  short  notice,  that  Charles  prefixed  a  Declaration  on 
the  subject  to  a  new  edition  of  the  Articles  (No.  13,  p.  75). 
The  Commons  on  their  re-assembly  for  the  session  of  1629 
took  offence  not  merely  at  the  Declaration  itself,  but  at 
the  growth  of  ceremonialism  amongst  the  clergy  favoured 
by  the  Court,  and  their  feelings  were  doubtless  expressed  by 
the  resolutions  drawn  up  by  theii*  sub-committee  (No.  14, 
p.  77),  though  in  consequence  of  the  early  dissolution  those 
resolutions  were  never  put  to  the  vote  in  the  House  itself. 
The  quarrel  about  religion  would  certainly  have  embittered 
the  quarrel  about  Tonnage  and  Poundage,  but  the  latter  was 
complicated  by  a  fresh  dispute  about  the  liability  of  some 
Customs-officers  who  had  seized  the  goods  of  a  member  of 
Parliament  for  refusal  to  pay  unvo|;ed  Customs,  to  answer 
their  conduct  before  the  House  of  Commons.  The  King 
declared  that  his  ministers  were  responsible  only  to  himself, 
and  dissolved  Parliament.  Before  the  dissolution  took  place, 
the  Commons  voted  a  Protestation  (No.  15,  p.  82),  and  a  few 
days  later  the  King  discussed  the  quarrel  from  his  point  of 
view  in  a  published  Declaration  (No.  16,  p.  83).  Eleven  years 
passed  before  a  Parliament  was  again  summoned. 

During  those  eleven  years  the  breach  between  the  King 


IXlT 


/Htrwhtctum 


utd  kk  Ml^^cti  gnw  nNutaaUjr  widw.  Hot  wilr  PuMhw 
tntt  otdlBMy  PpaUaUntB  mn  iHMnItt  bjr  t^n^  «flbrt»  t« 
•afoTM  iwUmiily  la  Um  OlinKb  by  inaiaUag  do  abiJiMii 
lo  Uw  Uw  u  iaIannM  by  Um  EeehHiiMCiaal  OMnti.  WImb 
ta  lAjj  I«nd  bMrnin*  Anhhvliap  af  OuOmbwf  b*  « 
to  Ml  with  Rnatw  MttMiritf.  Tha  DaetaiaUi  of  Sparta 
(Nik  17.  p.  99I  Md  Um  A«l  oT  Uw  PrHrjr  Omactl  mi  tk» 
IMMiUon  of  Um  OoouDttaioa  Tkbl*  tXo.  il,  p.  la^l  aMy  b* 
UkM)  H  ipMimaBB  of  Uw  iwaBwJIag*  la  which,  ondw  Um 
influMaM  of  tbo  Arehbub^  Chub*  bat  hb  luuDa.  For 
lb«n  pfoooiiHin*  than  ma  ahriTB  Bona  tobrahla  nmtm  t» 
U  ghao.  Th*  r«d  obJaeUoa  to  th«n  mM  thai  Ihigr  took  ao 
aeoeiuit  of  tfa»  nUftotM  fM^ingt  of  Um  ai^iofiljr  of  loliglaaK 
mm  ia  EaclaBd.  la  1634  Laad  radartMik  »  wlwipoUliwl 
VMilatiua  of  Um  ProriDot  of  Caalarlmry  whioh  WloJ  far 
ihrM  TMia.  and  whkh  itapinMl  tho  now  ofaUtD  npMi  owiy 
pvi«h  in  Um  ProvioM,  whiUt  Nail*.  Um  AnhhMhop  of  Tork, 
l«wk  th«  mtam  BMaana  ia  Iha  Norlhvn  Prartaea.  Tho 
■atbarintien  of  Um  drealalioa  of  books  la  wUeh  war*  wl 
forth  dootriaM  hwdljr  diitiaffnbhaUo  ban  Iboao  of  Um 
ttoaua  0»tboli<%  tha  taloceoano  of  Iba  Kli^  with  tbo  Papal 
affMiti  oolobHihaJ  at  Um  QuomIi  Ooart,  aad  Iba  iaftMtan 
uf  ofiMl  paakbBMDta.  bj  erdu'  of  lb*  Stmt  Cbambar,  ap«i 
tbwt  «ba  iiial%Md  Um  Bbkapa  ar  M«iM  tboir  jvibdidiaa. 
■pn^  far  aad  wUa  Um  b^Mf  that  a  TMt  oaaopliaarla  bri^ 
■boat  Iho  iahMMoii  of  Um  Ohanh  of  Ea^aad  la  Iha  Fbpa 
waaaotaiDf  la  ozirtiaoo. 
IUmb  bjr  da-It  Iha  di— Itafailina  of  thoi^hWU  nti 


m  anar  pfftli,  hawator,  to  Mt  •!  naagbl  t 
UHtaghtM  Md  nUflMo  mm  iriUMal  tohtaf  ■tops  wkkh 
roaM  tba  lUtroUac  of  thaoo  who  an  atitUr  thoochtfal  aar 
lalicioaik  AAorUMdimdatiaa  «f  iti«CharlMhadMifamd 
tha  paynMat  of  Toaaaga  and  PMsdof*  am  woU  00  af  Iho 
MpoaitiMM  lanad  bj  hia  falhar,  aad  with  aa  laiiMifin 
liada  aad  riainc  (avivva  waa  aaarif  ia  a  paaitioM  to  aak* 


1634-7]  Ship-money  xxv 

both  ends  meet,  so  long  as  he  did  not  incur  any  extra- 
ordinary expense.  The  effort  to  pay  off  the  debts  incurred 
in  the  late  war  and  to  obtain  a  surplus  led  to  the  introduc- 
tion of  unpopular  monopolies  granted  to  companies, — thus 
evading  the  Monopoly  Act  of  1624,— to  the  levying  fines 
upon  those  who  had  neglected  to  take  up  their  knighthood 
according  to  law,  and  to  the  imposition  of  fines  on  those 
who  had  encroached  on  the  old  boundaries  of  the  forests. 
A  more  serious  demand  on  the  purses  of  the  subjects  was 
made  by  the  imposition  of  Ship-money  in  1634.  The  asser- 
tions made  in  the  first  writ  (No.  19,  p.  105)  set  forth  so  much 
of  the  King's  objects  in  demanding  the  money  as  could  be 
made  public,  and  there  can  be  no  doubt  that  a  fleet  was 
absolutely  needed  for  the  defence  of  the  country  at  a  time 
when  the  French  and  Dutch  navies  had  so  preponderant 
a  force. 

The  reasons  why  the  imposition  of  Ship-money  gave 
more  offence  than  the  levy  of  Tonnage  and  Poundage  are 
easy  to  perceive.  On  the  one  hand  direct  taxation  is  always 
felt  to  be  a  greater  annoyance  than  indirect,  and  on  the 
other  hand  Ship-money  was  a  new  burden,  whereas  Ton- 
nage and  Poundage,  and  even  the  Impositions,  had  been 
levied  for  many  years.  The  constitutional  resistance  rested 
on  broader  groimds.  To  levy  direct  taxation  to  meet 
extraordinary  expenditure  without  recourse  to  Parliament 
was  not  only  contrary  to  the  Petition  of  Right,  but  was 
certain,  if  the  system  was  allowed  to  establish  itself,  to 
enable  the  King  to  supply  himself  with  all  that  he  might 
need  even  in  time  of  war  without  calling  Parliament  at  all. 
As  there  could  be  no  doubt  that  Charles's  main  ground 
in  omitting  to  summon  Parliament  was  his  fear  lest  his 
ecclesiastical  proceedings  might  be  called  in  question,  the 
dissatisfaction  of  those  who  resented  his  attack  on  their 
religion  was  reinforced  by  the  dissatisfaction  of  those  who 
resented  his  attack  on  the  Constitution,  and  of  the  far 
greater  number  who  resented  his  attack  on  their  pockets. 


IIVI 


Introduction  (f«97 


On  th««  Kings  side  it  wm  urgvd  thAt  Ship-money  wms  not 
A  tax  At  all.  but  an  ancient  payment  in  lieu  of  pervonal 
service  in  defence  of  the  realm  by  sea,  and  also  thai  the 
King  was  himNf^lf  the  sole  judge  of  the  exiittenee  of  the 
danger  which  would  re<piire  such  exertions  to  be  made.  In 
1637  Charles  took  the  opinion  of  the  judges  on  his  case 
(No.  io,  p.  108),  and  the  whole  quMtiun  was  thrashed  oat 
before  the  twelve  judges  in  the  Exchequer  Chamber  in  the 
ease  of  Hampden  in  1^37-38.  The  arguments  on  either 
aide  bristled  with  pn*ce<lenta  and  references  to  law  book% 
but  a  fair  idea  of  the  bniader  grounds  on  which  each  party 
t<K>k  itM  »taiid  may  be  gathered  from  the  extracts  fn>m  the 
iipeech  of  Oliver  SL  John,  who  was  one  of  IIam|>den'i* 
counH«»l  (No.  J  I.  p.  109^  and  from  the  argumwit  of  Sir  Robert 
Berkel«*y  <No.  n,  p.  115K  In  rNuling  St  John's  speech, 
it  mufit  n<»t  \it*  forgott4*n  tliat  he  waa  precluded  by  his 
poeition  as  an  advocate  from  adducing  any  conaiderationa 
drawn  fn*m  his  suspicions  of  Chsrlta's  motives  in  levying 
Ship-money  by  prerogative  rather  than  by  Parliamentary 
authoritv. 

Ultimntoly  judgment  was  given  for  the  King,  only  two 
of  the  jutltre^  dissenting  on  the  main  |iuint  at  issue,  though 
ihre«»  t>th**ni  refrained  from  giving  their  sup|M>rt  to  the  King 
on  other  grounds. 

\Vh«>tl»er.  if  Kngland  had  \'f^\\  l**ft  to  its«*lf.  any  resist* 
ancM  Would  have  «>n%u«*4i  it  is  im|Kieail»le  to  say.  There  were 
no  ftigns  of  anything  of  th«»  Aort,  and  the  whoU  organisati«»n 
of  the  country  )*«ing  in  th«*  hands  of  the  King,  it  would 
hav(>  been  very  difficult,  unlesn  the  King  choe«  to  summon 
a  Parliament,  to  obtain  a  nurlt^us  for  morp  than  paM»iv«» 
reai<itanoe.  Passive  r«*et»tAnce  m  the  aha|»e  of  a  wide-epread 
refusal  to  |4iy  Ship  mon*y  indeed  exii»te<i.  but  however 
annoying  may  bt*  th«*  difficulties  of  s  govmim^'nt  expi<*«*d 
to  gt»n«Tal  ill-will.  th«*y  are  not  likt*ly  at  once  ti»  endanger 
ita  exutt^nce.  It  la  whrn  dangi-m  thnpAtfn  it  from  abroad, 
and  when  it  liec(.»mea  neciisr}'  to  rouse  the  national  apirit 


1638-40]  Scottish  National  Covenant  xxvii 

in  its  defence,  that  the  weakness  of  an  unpopular  govern- 
ment stands  clearly  revealed. 

This  danger  was  already  approaching.  In  1637  Charles 
attempted  to  force  a  new  liturgy  and  canons  upon  the 
Scottish  people,  and  in  Scotland  he  had  not  the  govern- 
mental organisation  on  his  side  which  he  had  in  England. 
The  Bishops  who  had  heen  set  up  by  his  father  had  far 
less  influence  than  the  English  Bishops,  and  the  members 
of  the  Privy  Council  which  governed  in  his  name,  though 
nominated  by  himself,  were  for  the  most  part  noblemen 
whose  position  in  the  country  was  much  stronger  than 
that  of  the  English  nobility,  and  who  were  actuated  by 
jealousy  of  the  Scottish  Bishops  and  by  fear  lest  the  King 
should  give  wealth  and  power  to  the  Bishops  at  the  expense 
of  the  nobility.  In  consequence,  resistance  not  only  broke 
out  but  organised  itself;  and  in  1638  a  religious  manifesto, 
the  Scottish  National  Covenant  (No.  23,  p.  124),  was  signed 
by  the  greater  part  of  the  nation.  It  attacked  the  church 
system  of  Charles,  though  it  nominally  professed  respect  for 
his  authority  and  avoided  all  direct  attack  on  Episcopacy. 

All  attempts  at  a  compromise  having  failed,  and  an 
Assembly  which  met  at  Glasgow  in  the  end  of  1638  having 
continued  to  sit  after  Charles's  High  Commissioner,  the 
Marquis  of  Hamilton,  had  pronounced  its  dissolution,  and 
having  then  declared  Episcopacy  to  be  abolished,  Charles 
attempted  in  1639  an  invasion  of  Scotland.  He  was  unable, 
however,  to  bring  money  enough  together  to  support  an 
army,  and  he  agreed  in  the  Treaty  of  Berwick  to  terms 
which  involved  a  practical  surrender  of  his  claims  to  dictate 
the  religion  of  Scotland.  His  subsequent  attempt  to  con- 
strue the  Treaty  to  his  own  advantage  led  to  the  threat  of  a 
new  war,  and  on  April  13,  1640,  by  the  advice  of  Strafford, 
the  Lord  Lieutenant  of  Ireland,  who  had  come  to  England 
in  September,  1639,  and  had  from  that  date  become  Charles's 
principal  coimsellor,  an  English  Parliament  met  at  West- 
minster. 


xinu 


Introductum  [% 


The  Short  Parlianifnt,  an  it  waa  called,  wm  toon  diti- 
•olved.  It  wafi  ivady  to  Rrant  tupidic*  if  the  King  would 
come  to  t«niiH  with  the  Scota^  An«l  thin  Charles  refut<>d  to  do. 

A  new  war  waa  the  ri'sijlt  The  Scota  invaded  Kiigland, 
defeated  a  Urue  |>art  of  the  Koyal  Army  at  Newhum.  and 
occupied  Northumberland  and  Durham.  C*fiarlea  bad  neither 
an  army  nor  a  people  liehiiid  hia  )»a(*k,  and  he  wan  forro*!  to 
treat  with  the  inradera.  Tlie  feelintr*  <>f  the  Knf^liah  nation 
were  expreased  in  thi*  Petit i<»n  of  the  Twelre  Peer*  for  a  New 
Parliament,  laid  l»eforethe  Kin^  on  Auirunt  aH,  1640  (N«i.  24, 
p.  i^^V  In  aildition  t4>  the  piled-tip  f^'i^^^'^'^^M  of  the  paat 
elev**n  yearn,  waa  the  new  one  that  Charlee  waa  belieTe«l  to 
have  pur|>oeed  making  himM*lf  maater  of  England  an  %iell  aa 
of  Scotland  hy  meana  of  an  Iriah  army  led  int<i  England  hy 
HtrafTord,  and  |)aid  by  aubaidiea  granted  by  th«*  Iriali  Parlia- 
ment ^k>  utterly  powerleaa  waa  Charlea  before  the  demand* 
of  the  Scota  for  compentiation  for  the  exfieiiMe  of  inrading 
England  tluit,  on  8ept«*nilier  7.  he  aummoned  a  Graat  Council, 
or  an  aaaembly  of  the  llouae  of  Lonla  al<»ne  (No.  ifn  p*  i.)^l. 
to  meet  at  York  to  advi^*  him  and  to  guarantee  a  loiui.  On 
Noveml^er  7,  the  Long  Parliament  met  at  Westminater. 

III.    /n/m  tkr  mtfttmg  of  the  Ijfmg  I^trinitmemi  to  the 

(mihrrttk  of  the  t'lrtl  War, 

■  l»;4n-ir,42. 

F«>r  th«'  fip*t  tini««  in  i)u*  r^'i^n  «if  C'harlt* n  I.  a  Parliament 
nii't  with  an  annid  f«»rrw*  l*«*hind  it.  Though  the  Scottiah 
army,  which  contmiuii  to  ticvupy  the  northern  c«>untie« 
till  .ViUMi^t  1641.  wa-«  n«>t  directly  in  it*  venire,  it  deftrnded 
for  iti  KU|»|M*rt  iiixfi  the  ni«  ih-v  vot«-d  by  the  Engliah 
Parliamctit,  and  would  rf»n^'«{U«*ntly  hav«»  places)  itwlf  at 
the  di-i'^t^ition  «'f  ParhanM'Ut  li  t'h.irU-*  liad  threatened 
a  di*>M*>liition,  {  ki;al«^  wa^  tlien  f«*rt*  no  lon^r  in  a  ita^t^aton 
to  rf*fitiM-  111*  aMM'Ht  to  BilU  of  which  he  di%approvf>i).  and 
the   *«>n«  n  of  i  uiutituttonAl   Actn   iiamw**!   «lunng    tlie  timl 


i64»]  The  Long  Parliament  xxix 

ten  months  of  the  existence  of  the  Long  Parliament  (Nov. 
1 640- August  1 641),  bear  witness  to  the  direction  taken  by 
it  in  constitutional  matters.  The  Triennial  Act  (No.  27, 
p.  144),  enacting  that  Parliament  was  to  meet  at  least  once 
in  three  years,  and  appointing  a  machinery  by  which  it 
might  be  brought  together  when  that  period  had  elapsed, 
if  the  Crown  neglected  to  summon  it,  struck  at  Charles's 
late  system  of  governing  without  summoning  Parliament 
until  it  suited  him  to  do  so,  but  it  did  nothing  to  secure 
the  attention  of  the  King  to  the  wishes  of  the  Houses. 
Whilst  measures  were  being  prepared  to  give  efifect  to  the 
further  changes  necessary  to  diminish  the  King's  authority, 
the  attention  of  the  Houses  and  of  the  country  was  fiilly 
occupied  by  the  impeachment,  which  was  ultimately  turned 
into  the  attainder  of  the  Earl  of  Strafford. 

No  great  constitutional  change  can  take  place  without 
giving  dire  offence  to  those  at  whose  expense  the  change 
is  made,  and  Parliament  had  therefore  from  the  very 
beginning  of  its  existence  to  take  into  account  the  extreme 
probability  that  Charles,  if  he  should  ever  regain  power, 
would  attempt  to  set  at  naught  all  that  it  might  do. 
Against  this,  they  attempted  to  provide  by  striking  at  his 
ministers,  especially  at  Strafford,  whom  they  knew  to  have 
been,  for  some  time,  his  chief  adviser,  and  whom  they 
r^arded  as  the  main  supporter  of  his  arbitrary  government 
in  the  past,  and  also  as  the  man  who  was  likely  from  his 
ability  and  strength  of  will  to  be  most  dangerous  to  them 
in  the  future,  in  the  event  of  an  attempted  reaction.  They 
imagined  that  if  he  were  condemned  and  executed  no  other 
minister  would  be  found  daring  enough  to  carry  out  the 
orders  of  a  King  who  was  bent  upon  reducing  Parliament 
to  subjection.  They  therefore  impeached  him  as  a  traitor, 
on  the  ground  that  his  many  arbitrary  acts  furnished 
evidence  of  a  settled  purpose  to  place  the  King  above  the 
law,  and  that  such  a  purpose  was  tantamount  to  treason; 
because,  whilst  it  was  apparently  directed  to  strengthening 


XII 


IniroducHim  [\Ut 


the  King,  it  in  rwUity  wMikenfMl  htm  by  d«*priTing   him 
of  th«'  tiHirtit  of  hin  iiuhj<»cU. 

Whethi^r  it  wa«  juAtifiAhl«*  or  not  to  put  StmfTord  to  d««th 
for  acti«>nA  which  had  never  ^M«fore  heeii  held  to  be  tre^ftun- 
able,  it  m  O'Hain  that  the  Commona,  in  imagining  thai 
StrafTord'n  death  would  end  their  troublea,  under-«atimated 
the  gravity  of  the  situation.  They  imagined  that  the  King, 
in  breaking  through  what  they  calle<!  the  fun«lamental  lawn, 
had  )>een  let!  astray  by  wicke<l  roun«iel,  and  that  they 
miKht  therefore  fairly  ex|>ect  that  when  his  councilors  w**re 
puni?tb«^i  or  remove*!,  he  would  readily  ac«|uieace  in  changes 
which  would  l«*ave  him  all  the  legal  power  nact— ary  for  the 
well*)>eing  of  the  State. 

Such  a  view  of  the  case  was,  however,  far  from  b«ing 
accurate.  As  a  matt4>r  of  fact,  the  0»nititutional  arrange* 
ments  be4|ueath**d  by  the  Tudom  to  the  Stuarts  had  bn>ken 
down,  and  Charlen  ci»uld  ar^ue  that  he  had  but  perpetuated 
the  leadership  of  the  Tudoni  in  the  only  way  which  the 
ambition  of  the  House  of  (  ommons  left  open  to  him.  and 
that  therefore  every  attempt  now  made  to  subj«ct  him  to 
Parliament  was  a  violation  of  tho^e  constitutional  righta 
which  he  ought  ifi  exercise  for  the  good  of  the  tuition.  It 
is  true  that  an  id«*ally  gn*at  tnan  might  have  been  en- 
lightene<i  by  the  failure  of  his  projects,  but  Charlea  waa 
very  far  from  l>eing  ideally  great,  and  it  was  therefore 
certain  tluit  he  would  reganl  the  tie«ii|fns  of  the  (\>mmons  aa 
ruinous  to  the  welM»eing  of  the  king«lom  aa  well  aa  to  his  own 
authoritv.  The  circumstances  of  HtrafTord's  trial  increaMNl 
his  irritation,  and  he  had  recourse  to  intrigtiea  with  the 
Knglish  army  which  still  remained  on  ft>ot  in  Yorkahirv*, 
hoping  to  engage  it  in  hit  cause  acrainst  tha  pretension*  of 
Parliament.  It  waa  against  these  intriguea  that  the  Pro* 
taatation  <Na  ix,  p.  I55;|was  directed.  It  was  drawn  up  by 
Pym.  and  waa  tak<«n  by  every  mem^/er  of  l«oth  Ilousea  aa 
a  token  of  their  determination  to  resist  any  forri>>U  inter- 
fen»nce  with  their  proceeding«b     It  waa  rapidly  folloi«td  by 


164O  Restrictions  on  the  Kingship  xxxi 

the  King's  assent,  given  under  stress  of  mob  violence,  to  the 
Act  for  Strafford's  attainder  (No.  29,  p.  156). 

On  the  day  on  which  the  King's  assent  to  Strafford's 
death  was  given,  he  also  consented  to  an  Act  against  the 
dissolution  of  the  Long  Parliament  without  its  own  consent 
(No.  30,  p.  158).  It  was  the  first  Act  which  indicated  the 
new  issues  which  had  been  opened  by  the  manifest  reluctance 
of  Charles  to  accept  that  diminution  of  his  power  on  which 
Parliament  insisted.  Taking  into  account  the  largeness  of 
the  changes  proposed,  together  with  the  character  of  the 
King  from  whom  power  was  to  be  abstracted,  it  is  hardly 
possible  to  avoid  the  conclusion  that  nothing  short  of  a 
change  of  Kings  would  meet  the  difficulties  of  the  situation. 
Only  a  King  who  had  never  known  what  it  was  to  exercise 
the  old  powers  would  feel  himself  at  his  ease  under  the  new 
restriction& 

However  reasonable  such  a  conclusion  may  be,  it  was  not 
only  impossible,  but  undesirable,  that  it  should  be  acted  on 
at  onoa  Great  as  was  both  physically  and  morally  the 
injury  inflicted  on  the  country  by  the  attempt  of  Parliament 
to  continue  working  with  Charles,  the  nation  had  more  to 
gain  from  the  effort  to  preserve  the  continuity  of  its  tradi- 
tions than  it  had  to  lose  from  the  immediate  evil  results  of 
its  mistake.  If  that  generation  of  Englishmen  was  slow  to 
realise  the  truth  in  this  matter,  and  suffered  great  calamities 
in  consequence,  its  very  tenacity  in  holding  firm  to  the 
impossible  solution  of  a  compromise  with  Charles  I,  gave 
better  results  even  to  itself  than  would  have  ensued  if  it 
had  been  quick  to  discern  the  truth.  A  nation  which  easily 
casts  itself  loose  from  the  traditions  of  the  past  loses  steadi- 
ness of  purpose,  and  ultimately,  wearied  by  excitement,  falls 
into  the  arms  of  despotism. 

In  spite,  therefore,  of  the  appearance  of  chaos  in  the 
history  of  the  years  1 640-1 649,  the  forces  which  directed 
events  are  easily  to  be  traced.  During  the  first  months  of 
the  Long  Parliament  there  is  the  resolution — whilst  retaining 


IXXII 


introdui  turn  \  164 1 


ih<»  Kinir»hi|>-  -ti>  tran«if«*r  th#  general  direction  of  |poT«rn 
m<*nt  from  the  Kiiik'  t«»  IWlimuient  and  mort  eftpi^udly  to 
th#  House  of  Coniniona,  a  nMolution  which  at  first  wf^imn 
eaftable  <if  l^ein^  carried  out  by  the  ab<»Iitiun  of  ths  inUitu- 
lions  which  luui  (nven  aii  exceptional  ponition  to  the  Tudt»r 
and  Stuart  soTen»i{^%.  I^ter  on  then»  is  th«  f^adual 
awakenint;  of  a  fiart  of  the  nation  to  the  truth  that  it  is 
inifMMMilde  to  carry  out  the  new  sjatem  in  combination 
with  CharleA,  and  this  leads  t<»  the  |>uttin^  forth  by  Parlia- 
ment 4»f  a  claim  to  fioven^i^nty  really  inconifiatibU  with 
KinK'^hip.  Even  th«iae.  however,  who  are  moat  really  to 
break  with  th«*  pant,  strive  hard  to  maintain  political  con- 
tinuity by  a  aucceMiion  of  prt»{Hi«ed  compromiaaa«  not  one 
of  which   is  accepted   by  Ixith   |MUiieH. 

The  Tonna^  and  PoundaKe  Act,  which  became  law  on 
June  J  J  (N<».  )i.  p.  i.'igl.  lM«mrB  the  imprviM  of  the  first  of 
these  movementa.  On  the  one  hand,  whilst  it  aaM»fta  the 
illegality  of  the  le\'y  of  Customs-dutiee  without  a  Parlia- 
mentary fnimt,  it  ^\'^m  to  Charl««  not  merely  the  Tonnag« 
and  Pounda^^  gi^'**'>  to  hia  father,  but  also  'such  other 
aumn  of  money  as  hare  U^en  imfMiaed  upf>n  any  marehandiaa 
either  outwsnl  or  inward  by  pretext  of  any  Utiera  patent, 
commiaaion  under  the  (treat  Heal  of  England  or  Prirr 
Seal  since  the  first  year  of  his  late  Majesty  King  Jamea. 
of  bleaeed  memory,  and  which  were  continutni  and  }«id  at 
the  beginning  of  this  present  Parliament'  <!».  1611.  In 
other  wonis,  it  f<*ll<»wed  th«»  precedent  of  the  alortir*  Bill 
of  t6io  (fM*«*  \\  xiv)  by  in<lu<linff  tl>e  ImfH^iitiona  in  the 
grant  and  thus  enable*]  the  King  'to  lire  <if  hia  own'  in 
time  t»f  |»ear«.  (>n  the  other  hand,  it  ahows  bow  greatly 
Charles  wsA  distrust«d  by  limiting  the  grant  to  Isna  tlian 
two  months,  from   May  i*  to  July  15  (p.  i6it 

The  circumstancee  which  caused  this  distrust  are  revealed 
in  the  T«*u  Pn»|>oAition^  (N(iw  .)i.  p.  1631.  The  Engliah  army 
wa*  still  under  Ann«»  in  Yorkshire,  and  though  it  waa  about 
to  bs  disbanded,  the  King  pn»|iussd  to  Tiait  Bcotlaad  with 


i64»]  Restrictions  on  the  Kingship  xxxiii 

the  intention,  as  was  then  suspected,  and  is  now  known,  of 
stirring  up  the  Scots  to  assist  him  in  England.  At  such 
a  time  it  may  well  have  seemed  unwise  to  make  the  King 
financially  independent,  and  subsequent  events  increasing 
the  feeling,  the  Tonnage  and  Poundage  Act  was  renewed 
for  short  periods  only,  till  the  outbreak  of  the  Civil  War 
put  an  end  to  any  wish  to  supply  the  Eling, 

In  spite  of  the  King's  hope  of  bringing  about  a  I'eaction 
with  Scottish  aid,  he  did  not  feel  himself  strong  enough  to 
refuse  his  assent  to  the  Bills  prepared  for  cutting  off  the 
powers  acquired  by  the  Tudors,  and  on  July  5  he  gave  his 
consent  to  the  Act  for  the  Abolition  of  the  Star  Chamber 
(No.  34,  p.  179)  and  to  the  Act  for  the  Abolition  of  the 
High  Commission  (No.  35,  p.  186).  The  work  of  branding 
with  illegality  the  extraordinary  financial  means  to  which 
he  had  himself  resorted  was  completed  by  the  Act  declaring 
the  illegality  of  Ship-money  (No.  36,  p.  1 89),  the  Act  for  the 
Limitation  of  Forests  (No.  37,  p.  192),  and  the  Act  pro- 
hibiting the  exaction  of  Knighthood  Fines  (No.  38,  p.  196). 

Thus  far  Parliament  had  been  practically  unanimous. 
The  Constitution  which  had  been  virtually  modified  in  1629 
to  the  profit  of  Monarchy,  was  legally  modified  in  1641  to 
the  disadvantage  of  Monarchy.  If  there  had  been  nothing 
more  than  constitutional  questions  at  issue,  it  is  highly 
probable  that  if  the  King  had  continued  to  intrigue  with 
tiie  object  of  redressing  forcibly  the  balance  in  his  favour. 
Parliament,  backed  by  the  active  part  of  the  nation,  Would 
have  at  last  been  almost  unanimous  in  demanding  a  change 
of  sovereigns.  It  is  however  seldom,  if  it  is  ever  the  case, 
that  political  movements  are  determined  on  such  simple 
lines.  Human  action  is  influenced  by  many  motives,  and 
as  the  political  current  shifts  and  varies,  ideas  which  have 
at  one  time  hardly  obtained  recognition  rise  to  the  surface 
and  become  all  important  in  the  direction  of  events. 

At  the  end  of  August,  164 1,  the  political  changes  which 
had  been  unanimously  adopted,  and  which,  with  the  exception 


XXXIV 


Iniroduction  ;t««t 


of  th«»  clatiMHi  in  the  TrH»iiniAl  Act  fur  th«*  automAtic 
AMi«*iiihlin|{  of  pArlianieiit,  w«*r»  |wriiuui#ntly  acc«(»t«d  in 
1660  by  the  (}ov«*minent  of  th«  Rastormtion,  had  b#rti 
arcom|>lijih«H].  K^hiiu  wa.%  tht*n>h3r  made  for  the  cocitider*' 
tion  of  another  cUta  oi  cIuuiitp^  on  which  conniderabte 
dilTerenoe  of  opinion  exiata<l.  Soinethinic  mual  be  done  to 
aettle  the  Church  an  well  an  the  State,  and  excepting  •«>  Car 
aa  the  abolition  of  the  HiKh  Commia^ion  waa  ooncemed. 
there  waa  no  auch  aKrH«*ni«»iit  about  xcleaiaatkml  aa  iher* 
had  l)efn  about  political  rtfonna.  It  wa*»  indeed  generally 
denired  that  tht*  Clmrch.  like  the  State.  «ihauld  lie  rtifulated 
by  Parlianii*iitAr>'  law  rather  than  by  the  Koyal  authority  : 
and  thai  an  end  iihould  be  put  to  the  alterations  in  th«* 
conduct  o(  wor^ip,  which  in  laud'a  evMi  w#re  but  tit* 
reetoration  of  legal  order,  whilat  in  the  eyea  of  i^thert  they 
were  unauihorined  innoTatioiia.  Further  than  thia.  agn*«^ 
nient  wan  not  to  lie  had.  There  were  thoee  who  wiahed 
Epij>MM»pacy  and  thf  (\miinon  Prayor  Book  tc»  be  alioliiihed. 
and  there  were  oth«*ni  who  wished  them  to  lie  retained  with 
aonie  ri^^raint  of  the  authority  of  the  Bieho|ie.  and  with  aocn«' 
uion»  or  lenn  Hli^'ht  alteration  of  the  formal  of  prayer. 

TliMM*  two  tendfnciefi  ha^i  alr«ailv  made  thenitelTt<e  felt: 
the  finit  in  tlie  Koot  and  Branch  Petition  (Na  26,  p^  137I, 
pre«ient«Hi  to  tlie  IIou««e  uf  ronini«»ne  on  I>ec«mlM*r  11.  1640, 
and  in  the  •w>*calM  Koot  and  Branch  Bill  for  tranaferriiiK 
Kpi«»copAl  jun^lirtKHi  to  Parliamentary*  Commiaaionera,  whkh 
reach<*«l  th«'  rnniniitte«»  «tii|{e  in  the  Houa«*  of  Coniniona  ;  the 
af^»nd  in  th«*  Bill  on  Church  K^^fomilNo  \\.  p.  167^  which 
waa  r<Mid  twi(«  in  the  Houm*  of  Lorda.  Neither  of  the^ 
oUaine<!  the  final  aanctit»n  ev#n  of  th«  Ifoiui^  in  which  it 
IumI  Ikfen  intrt>«luc««d.  and  wh«»n  in  th«»  li«^inning  <»f  Srp- 
t«*niU»r.  uhdat  th»*  Kiiiff  waa  Away  iti  ?v^tland.  the  Houeea 
ptt*|ianH|  for  a  Altort  r*  rt--«i.  the  K««MdutionK  of  th«»  Cummona 
on  F.rrl«^uMrtical  lnii«»v«tionft  tNo  jv.  p.  197!  and  th«»  |»«b- 
licjition  «>f  an  i>ni«T  «»f  th«»  Lord^on  tlw*  Sorrier*  of  theChurrh 
(No  40.  p.  i<#v)  ^howvd  that  theie  were  dnen^v'nt  t^i'ienci*^ 


t6it]  The  Grand  Remonstrance  xxxv 

in  the  two  Houses  at  least  so  far  as  Church  matters  were 
concerned. 

The  event  which  precipitated  the  division  of  parties  was 
the  Ulster  Rebellion.  The  first  indication  that  the  majority 
of  the  Commons  felt  that,  with  a  war  in  Ireland  in  prospect, 
it  was  necessary  that  harmony  should  exist  between  the 
Crown  and  Parliament  is  to  be  found  in  the  Instructions  to 
the  Commons'  Committee  in  Scotland  sent  up  to  the  Lords 
on  November  8  (No.  41,  p.  199).  The  demand  made  in 
these  Instructions  was  for  the  appointment  of  councillors  and 
ministers  approved  by  Parliament  (p.  200).  To  grant  such 
a  wish  would  practically  annihilate  the  independent  action 
of  the  Crown,  and  the  division  of  parties  on  ecclesiastical 
affairs  now  gave  to  the  Eling  a  majority  of  the  Lords  and 
a  large  minority  of  the  Commons  upon  whom  he  could  rely. 
All  those^  in  shorty  who  wished  to  see  considerable  eccle- 
aiastical  changes  made  in  the  Puritan  direction  supported 
the  authority  of  the  House  of  Commons,  whilst  those  who 
wished  the  changes  to  be  few  or  none  supported  the  authority 
of  the  King.  When  Charles  returned  to  London  on  Nov.  25 
his  speech  to  the  Recorder  (No.  42,  p.  201)  showed  that  he 
was  aware  where  his  real  strength  lay,  and  his  policy  was 
completely  in  accordance  with  his  conscience.  On  Dec  i 
a  deputation  of  the  Commons  presented  to  him  the  Grand 
Remonstrance  (No.  43,  p.  202),  which  had  been  carried  by 
a  small  majority  before  his  return.  After  setting  forth  at 
length  the  details  of  the  late  misgovernment,  the  House 
asked  for  the  employment  of  ministers  in  whom  Parliament 
might  confide  (p.  231),  and  for  the  reference  of  Church  reform 
to  a  synod  of  divines  whose  conclusions  might  be  confirmed 
by  Parliament  (p.  229).  As  there  was  to  be  no  toleration 
of  Nonconformity,  the  plan  of  the  framers  of  the  Grand 
Remonstrance  waste  substitute  the  general  enforcement  of 
their  own  form  of  Church  government  and  worship  for  that 
which  had  recently  been  enforced  by  the  authority  of  the 
King  and  the  Bishops.     On  December  10  Charles  answered 

c  2 


XXXVI 


IniroHuctiim  [le^t 


in<ltrM*tly  by  a  Pr<>rUitiatic»n  on  Ri*HKion  (No.  44.  p.  2\z\. 
anil  i]iri*rtly  on  I>H<'<*inlM*r  i\  Ky  hi*t  An«w«*r  to  th«»  p^ition 
accompanyinit  tli«*  Omnd  I{«*mon4traiic««  <Na  4.**.  p.  2\\t 
Th«'  i{en*Tal  oiit«'iini«*  of  tli«*  fliMMiwMoii  waa  that  tho  Ifi»u4« 
of  CominonA  wnntfti  tlii*ir  will  to  pn'%'ail  in  all  that  wan  In 
be  <lono.  whiUt  tin*  Kinu'  wjm  t^mAx  t«>  hi'ar  what  th^v  hail 
to  aay  and  tu  afii^nt  to  ju^t  a^  much  aa  h<*  p1«-&wn|. 

If  only  an  ap|»eal  tu  fore**  rouM  In*  Av«*rtm|.  th#  majority 
of  th«  Cnninion!!  ha«l  thi*  i{anie  in  th«'ir  own  hanil%.  Th«^ 
had  hut  to  rvfuM  to  continue  the  Krant  of  Tonnaff<^  and 
Poundaire  to  rtnluo*  I'harlMi  to  liankniptry.  It  waa  the 
conticiouHn«««  that  thi<*  wan  lht>  caiw*  which  fill«*«t  the  air 
with  num»uni  uf  Royalist  plota  during  th«*  hut  fortniirht 
of  I)«ct*nilN*r,  and  which  hrouffht  a  m<>h  of  apprentices  ti> 
aup|Mirt  till*  C<imnum4  in  Palace  Yanl.  and  »  crowd  of  4»ffiriipi 
wli«i  had  wr\'«Hi  in  th«*  nnw  dialtandt-il  amiy  tif  the  North 
to  Mip|t«>rt  the  King  at  >Miitehall. 

Such  a  tenni^n  of  ff«*linf(  cotih!  n<*t  \%sX  l*ini;.  and  the  Kinjc 
wa^  the  fiml  tf>  move.  On  Januar>*  ^  1642.  hui  Att«»niey- 
Ctvn«*nil  tni|»eacheil  fi%'e  h^adin^  nienil»er«  of  tlie  liou^e  <if 
i\>iiim«>na,  and  on«*  nit*tii)H*r  of  th**  IIou«*  of  IxtnU  I  No.  4  A. 
p.  i\^U  t>n  January  4.  the  Kinv  ram«*  in  |ieraon  to  the 
Huuae  of  t*«»mm«>n«  to  ^eiie  th«*  five  ni«>mlH*r«.  The  five 
took  n*fuf^'  in  the  city,  which  n^e  in  th«*ir  tleffuee.  and 
Charlea,  tiiidinff  the  f«irc«*4  of  thi*  city  arraye«l  airainat 
him.  l«*ft  \Vfi«tminMi*r  on  Januar>*  10.  thi  January  17.  the 
Comniitna  ai*t  forth  a  tli<claratii*n  tidlintf  the  «ionr  from 
th««ir  |*oint  of  vi«'W.  and  t|«*ffndintf  thrir  ohh  c«matituti«>nal 
fKiaition  (N'>.  47.  p.  j^i. 

Thouhrh  thti  KuiK  ali4ent«<«l  him«»lf  fn*m  W«Hitniin«ter. 
ne|{<*tiatioii«»  li«*twi*«*ti  him  ami  th«*  Parluim«*nt  atill  run* 
tinu«*<l.  nil  F«*(>riiary  1;  h«*  travt*  hi^  con^nt  to  the  laat 
twii  Act*  wIikIi  l«<am**  law  in  hi*  n'i;jn.  Th«»  fir*t  waa 
tlif  i'lflfical  I>t*ahilitii-»  Act  fNn  4^.  p.  1411.  by  uh;ch  the 
cl«*rk'^  %««*ri*  di*a(>b-<l  from  <'\*'rciMnff  tem|*(tral  jurisdiction 
.ind  till'  l{:*iii»|»*  Uffi*  d«  pri%'««l  of  tlieir  Vott-n  in  tli«*  llouee 


164a]     Breach  between  Charles  and  the  Houses     xxxvii 

of  Lords,  the  other  the  Impressment  Act  (No.  49^  p.  242), 
authorising  the  impressment  of  soldiers  for  the  service  of 
Ireland.  The  fact  that  an  army  was  being  brought  into 
existence  for  Ireland  constituted  a  danger  for  whichever  of 
the  two  parties  failed  to  hold  military  command,  and  this 
last  Act  was  soon  followed  by  a  claim  put  forward  by  Par- 
liament to  appoint  the  Lords  Lieutenants  of  the  Counties, 
who  were  at  the  head  of  the  militia  or  civilian  army  which 
was,  in  time  of  peace,  the  only  force  at  the  disposal  of  the 
King.  As  Charles,  naturally  enough,  refused  to  give  such 
power  into  the  hands  of  those  whom  he  regarded  as  his 
enemies,  the  Houses,  on  March  5,  passed  a  Militia  Ordinance 
to  the  effect  which  they  desired  (No.  50,  p.  245).  An 
Ordinance  was  nothing  more  than  a  Bill  which  had  been 
accepted  by  the  two  Houses  but  had  not  received  the  Royal 
assent,  and  for  some  months  the  Houses  had  claimed  the 
right  of  acting  on  such  Ordinances  as  if  they  had  the  force 
of  law. 

For  the  next  few  months  a  long  and  wordy  controversy 
on  the  legality  of  this  step  arose,  of  which  the  King's 
Proclamation  of  May  27  (No.  52,  p.  248),  and  the  Declara- 
tion of  the  Houses  of  June  6  (No.  54,  p.  254),  may  be 
accepted  as  specimens,  whilst  the  Declaration  of  the  Houses 
on  Church  Reform  of  April  8  (No.  51,  p.  247)  may  be 
regarded  as  an  attempt  to  minimise  the  diffei*ence  between 
the  two  parties  in  ecclesiastical  mattei*s. 

The  Nineteen  Propositions  (No.  53,  p.  249)  have  a  wider 
scope.  They  set  forth  as  a  whole  the  constitutional  changes 
demanded  by  the  prevailing  party  at  Westminster.  They 
would  simply  have  established  government  by  persons 
appointed  by  Parliament  in  lieu  of  government  by  the 
King,  and  they  may  therefore  be  taken  as  definitely 
marking  the  acceptance  by  the  majority  of  the  House  of 
Commons  of  the  idea  that  the  King's  sovereignty  must  not 
merely  be  weakened  but  practically  set  aside  (see  p.  xxxii). 
Against  this  proposed  system  were  enlisted  not  only  the 


xxxviii  /NtnkttutiOH  ^i 

fe^liiifct  f>f  CharlvN.  I>iit  aImi  tho^*  of  fv^ry  man  who  ilNilikrd 
the  ecclefiiasticAl  or  civil  |H>licy  of  tht*  lIoiMeik  In  Mhrt 
wonK  a  (lUiMiiin  iiiinm*  wh«*th<*r  the  iinliiiiit<H|  |i«>%rfr  of 
the  Hou8i«A  won  hi  Dot  \m  An  tl«*ft|MiticAlly  \tx«tioiiii  aa  hftil 
lieen  th«*  unliniitf«l  |tower  of  the  Kiiik'.  Ami  th«*  iiolulion  of 
dimin lulling  the  h|»h4-i«*  <>f  Koveninivnt  hy  en  lancing  th«  fi|>hert 
of  indiviiluAl  ri^ht  did  not  as  yet  occur  to  either  fiarty. 

l*ivil  War  wan  the  natural  re»ult  of  mich  a  condition  of 
things.  On  June  li.  i'harlen  i*iiiuvd  ConmiiahionM  of  Array 
iNa  '».')«  r-  T)^!  <<*  Humnion  the  militia  of  tlie  count i«a  to 
hia  tide,  and  on  Julv  li.  the  Hounea  n*anlv«^.  in  athlitioD 
to  their  rlaini  to  minniajid  the  militia,  to  raiae  an  army, 
and  ploi^ed  it  untlet  th«-  iNunmand  of  the  Larl  of  Vj 
iNn.  ;,6.  |».  26il.  l^n  Autrust  32,  the  Ktni:  raiiie«l 
ktandani  at  Nottingham,  and  th**  Civil  War  hcftao  which 
waM  to  deciilt*.  at  least  fttr  a  time,  in  whofie  hand<i  was 
M»verei^nty  in  KngUiKL 

•»/■  th*    A'iN«;. 

:I»il2-l»i4'». ' 

The  efT«M  t  «*f  the  I'lvil  WAr  in  In  U*  nt-en  hv  c<»in|i«rinie 
with  th«'  Nineteen  Pn>|»o»iitiuiui  (N«*.  ;«{.  ]*.  24**1  the  rn*|iO- 
•iitiniifi  |in-M'iitotl  to  the  Kin^  at  C^if<»rd  on  Fehnury  1.  104J 
(No.  '7.  p.  2'*2l  Si  far  an  the  i*iinMitiitit*nal  |'n*|*««aU  are 
(tint-eint'^l.  the  tendeiH  y  t>f  the  latter  tinciinient  i<i  to  sul^ 
Mitiifi-  ilidiffH  t  fi>r  diitt't  ttttiMit  «*ii  the  t'rtiwn.  The  foll«>w- 
in>;  tieiuAndi  ni;kd<'  in  the  NniftM-n  l*ro|M>Mtions  entin-Iy 
di«A|i|rt.ir  fr<*iii  th«  <*\hird  l*ri*]*«Hkiti<'n» :  namely,  thow  for 
An  oath  tit  )-«•  tak«-n  hy  all  fVi%'y  t'tiunt'illor*  anti  JuilgvM 
to  maintain  the  I'etititin  of  Kik'ht  and  'eit^in  •^tatutt-*  to 
lie  nam*  d  hv  I'arluinient  i4  1 1 1.  U*r  th«>  di*nu<Mal  of  aII  Trivv 
t Viun**)ll('r«*  And  MiniM«>r-  of  State  «-&t-e|«i  «iirh  a*i  were 
A|>|'r«i\«-«1  ).\  l'.irli«nieiit  U  11 :  fnr  the  |ierm.uient  ruh*  that 
no  Tnvy  <'«'iiiirillt*r  ws-  to  l«  ■|'|M>inte4l  without  the 
a|»|'iul>t»tioD  «'f  railiAntt-nt.  and  that  ni*  |*iiMi«'  Aft  m  which 


id43]  The  Treaty  of  Oxford  xxxix 

the  Privy  Council  was  to  be  consulted  was  to  be  recognised 
as  proceeding  from  the  King  unless  it  was  signed  by  the 
majority  of  the  Council*  (§2);  for  the  restriction  of  appoint- 
ments of  the  chief  officers  of  State  to  those  whose  nomina 
tions  were  approved  by  Parliament  (§  3) ;  for  the  placing 
of  the  education  of  the  King's  children  (§  4)  and  their 
marriage  (§  5)  under  the  control  of  Parliament ;  as  well  as 
to  the  restriction  of  the  right  of  Peers  hei*eafter  created 
to  sit  and  vote  in  Parliament  to  those  who  were  admitted 
with  the  consent  of  both  Houses  (§  19).  In  lieu  of  all 
this,  in  the  Oxford  Propositions,  Parliament  defined  more 
clearly  the  exemptions  which  it  demanded  should  be  added 
to  the  general  pardon  to  be  issued,  especially  declaring  that 
Newcastle  and  Digby  were  to  be  excluded  (§  13),  and  that 
Bristol  and  Herbert  of  Raglan  were  to  be  incapacitated  from 
office  (§  6),  whilst  they  contented  themselves  with  asking 
for  the  restoration  of  such  Parliamentaiy  Justices  of  the 
Peace  as  had  been  put  out  of  office  since  April  r,  1642, 
and  for  the  deprivation  of  office  of  such  as  were  excepted 
against  by  Parliament  (§  9),  as  well  as  for  the  restitution  to 
office  of  such  members  of  either  House  as  had  been  deprived 
since  the  beginning  of  the  Long  Parliament  (§  1 4). 

To  some  extent,  no  doubt,  these  great  concessions  may  be 
regarded  as  proceeding  from  a  desire  to  conciliate  Charles, 
and  to  make  possible  the  peace  which  seemed  more  desir- 
able after  a  brief  experience  of  war  than  it  had  seemed 
before  the  commencement  of  hostilities.  Tliat  there  was  no 
intention  of  conceding  the  substance  of  the  dispute,  appears 
from  the  fact  that  the  claim  put  forward  in  the  Nineteen 
Propositions  to  the  command  of  the  militia  and  forts  (§§  9, 
15),  is  fully  maintained  in  the  Oxford  Propositions  (§  7). 
The  alterations  made  on  the  subject  of  the  judges  however 
require  some  consideration.  In  the  Nineteen  Propositions 
permanent  provision  was  made  for  the  submission  of  the 
nominations  of  the  two  Chief  Justices  and  of  the  Chief  Baron 
'  Thu»  anticipating  the  well-known  clause  in  the  Act  of  Settlement. 


x\  Intrikiuihon  Ii«4) 

to  tli«  Appn>)ifttii*ii  «»f  r^rl taint' lit  ($  )l  H'hiUt  th«*  Ap|*«*irit- 
inc*iit  <if  |»uiMn«'  ju<l^«"*  wa**  Uft  an  li«*f«*n*  in  tlir  hAiiJt  oi 
till*  Kinir.  In  tli«*  Oxfuni  l'n.>tK>fliifionti  tli«*  iiatiu***  ••£  tw^lw 
|M*rBi>nii  ui*re  rvr>4»iiiiiifn*l«-«i  fi>r  jiiil^«-filii|M.  an<l  tif  tim*  |>rrM4i 
fur  till*  Ma«ti*rNhi|»  uf  the  K<*IU  \\  ^l.  whiUt  n«>  pnivUino 
WAH  inaair  for  the  rlinic«>  uf  tli««ir  fiuci^if**MinL 

Tukiiiic  tlie««*  difffn*ti<'ffi  toirt-tln'r.  we  M^t'in  to  bave 
Arriv«'«l  at  m  frt«b  hta^  in  tlit*  r«*iif»tiCutit»nal  iilt-an  ol  tb# 
L.4tii^  Parliament.  In  AiiKU-t.  1641.  it  M-ente«l  enough  to 
wrt.'at  frtmi  the  King  th«*  i«|if«-ial  |MiWfr»  ar<|uirMi  by  tb« 
Crown  aince  tin*  Acce-knton  of  tlie  Tiifl«»r«i.  truntiiifc  tu  the 
|Htwer  «*f  fil«*|»|iinK  HU|i|>li«fi  to  ^ixv  evfrkthing  «l»e  that 
iiiiKht  U*  ni'«<(iei].  In  June.  1642.  it  M-emeti  wrfiary  that 
Parliament  iiht*iil«l  dirt-ctly  ami  fierroatit-fitly  graafi  the  rtio- 
tml  ti>er  tht*  niilitar>',  ailminintrativr.  and  judicial  fMiw^n  ut 
the  l*n»wn.  In  (Vbruary.  l^4.^  it  api^earB  t«i  have  l^evii 
t bought  that  tiliaiit'ial  and  uiilitar>'  control  would  be  nufll- 
cient.  without  aMiigntng  t«'  Parliament  any  |i«*rmaiient  direct 
influence  over  tht*  judirial  aiitl  a4liiiini«»trativi*  ap|Miintinenta. 
la  it  iHiwible  that  thiA  chantf**  wan  owiiitf  t«»  an  inrrNwinx 
|it*rr**|>tion  t»f  the  tnith  that  with  I'harhfk*^  fiu«  <^eaiM*r  it  might 
lie  eanii'r  t<>  ri*ni«*  to  t*-niiA,  and  that  th«*  «inly  ini|«i»itaiit  «liiB« 
rulty  wan  to  tid«*  \*\vx  tht*  yi<arft  whilM  ( 'harl<H|  I.  brMi  u|*  an  he 
had  U«fn  undt*r  the  old  nystwu.  wai  ttill  u|Nin  th*-  thr  ^ne? 

Tluit  i'hail*-*  I  nhould  havf  r>*ii**«-ot«-d.  ev«>n  to  the«e 
motlitimi  Ciiii<«(itutional  proi^.f^K  waa  not  to  \w  •'&!«<* ted ; 
and  it  wan  th«'  ]<■«»  hki-Iv  that  thrre  Bhould  1«*  anv  «*&|»n*^ua 
of  fiM'hiiK'  ainon^'^t  bin  i»u|i|>i>rt«*ni  in  fav«iiir  of  thwr  arrv|it 
atii'«*.  on  whiUt  till'  ri>n*>titiitional  dfiiiaiidfi  of  Parlianie&t 
had  Ut'oiiit*  Ivan  Fkti«>  t.  itn  fo  lff¥«iantical  dvmaiuN  bad  lamtiiie 
iiiori-  -triit  than  in  th*-  |irtv*-«iiiig  .liint*.  Th«'  Nii»»tt-«*n  Prc^ 
|Mr.i(ii>n*«  h.^!  a«k«-«l  th**  Kiiu' t«»  <  tiitw  lit  tokiirb  a  rt'formatitio 
tif  th«*  <  hurch  p^«*v«riiiiti  nt  uiitl  hturu'V  aa  Parhaninit  iiiitfbt 
ad\  OM*  i)  M.  Th«'  t  ixlord  I*ro|»«Mitiont  drnian«l«-4J  in  addititin 
till'  it}.nM^U.»tf  uUihtitin  of  Kpi^i'i  a«*y.  riie  removal  ir«'m 
the  lliiuni*  ct  all  lltft'  l.|'i*M   ]>.4han  m«mUpi,  who  wert  now 


>^3-5]  The  Treaty  of  Uxbridge  xli 

fighting  on  the  King's  side,  had  probably  combined  with  the 
desire  of  Parliament  to  gain  the  military  assistance  of  the 
Scots  to  bring  about  this  change. 

When  the  negotiations  at  Oxford  failed,  and  the  prospects 
of  success  in  the  field  grew  more  doubtful,  the  need  for 
Scottish  help  grew  more  imperativa  The  terms  of  agreement 
between  the  two  Parliaments  were  set  forth  in  the  Solemn 
League  and  Covenant  (No.  58,  p.  267).  However  helpful 
they  may  have  been  in  bringing  about  the  preponderance  of 
the  Parliamentary  armies,  they  raised  a  fresh  obstacle  in  the 
way  of  an  understanding  between  the  two  English  parties. 

£ver3rthing  therefore  boded  a  continuance  of  the  war,  and 
the  union  of  the  armies  of  the  Parliaments  of  England  and 
Scotland  rendered  it  necessary  to  establish  some  authority 
which  would  control  the  united  armies.  This  was  done  by 
the  two  Ordinances  of  February  16  (No.  59,  p.  271)  and 
May  22, 1644  (No.  60,  p.  273)  appointing  a  Committee  of  both 
Kingdoms.  Though  this  Committee  was  only  to  manage 
the  war,  it  may  be  regarded  as  the  first  attempt  to  give 
practical  shape  to  the  idea  of  a  government  residing  in 
a  body  of  men  acting  under  the  control  of  Parliament. 

The  progress  of  the  war  in  1643  and  1644  resulted  in 
sharpening  the  proposals  presented  to  the  King  in  November, 
1644,  And  discussed  at  Uxbridge  in  the  first  months  of 
1645  (No.  61,  p.  275).  Not  only  did  the  demands  for 
the  exclusion  from  seats  in  the  House  of  Lords  of  Peers 
afterwards  created  unless  with  the  consent  of  Parliament, 
for  the  permanent  submission  of  appointments  of  officers 
and  judges  to  the  approbation  of  Parliament,  and  for  the 
education  and  marriage  of  the  King's  children  being  placed 
under  Parliamentary  control,  which  had  been  omitted  from 
the  Oxford  Propositions,  re-appear  (§§  19,  20,  21),  but  the 
necessity  for  Parliamentary  approbation  Wiis  to  roach  to  all 
the  judges  instead  of  being  confined  to  three  as  in  the 
Nineteen  Propositions,  and  there  was  added  a  new  proposition 
asking  that  the  right  of  declaring  peace  and  war  might  only 


xlii  iHtriHiiictwn  [i««S 

\w^  exrrriiiMl  with  th<>  aimi'iit  of  Farliamffit  (f  J3I  uhI  aHtilif 
up  a  permanent  InNly  of  ComuiiflKion«ni  to  act  in  comlMuatiun 
with  a  ainiilar  InxIv  uf  .Vuttuih  Comniimonara  to  cuntrol  all 
military  forcfH  in  both  kiuKd^nifi  with  tha  miMt  ratanaiva 
fKiwera  (}  171.  Bvaiclen  thin,  lung  liata  ware  drawn  up  of 
tha  nami'a  iif  thuM*  Rnyaliata  whu  wan*  to  b«  MiLjactad  to 
divera  |»t>naltieH,  and  whula  catagviriM  of  unnamad  |iaraona 
wara  addad.  the  fXt)«*iiP4*fi  of  tha  war  baing  laid  up4»n  tliaaa 
Koyaliat  dalin<|UvntA  ({  14V  ^  to  raligion  in  England,  not 
only  waa  it  to  ha  hruugbt  to  tha  n««rafit  poaaihla  uniformity 
witli  that  of  ScutUnd  \S  ;,»,  hut  Xha  King  hiniaalf  waa  to 
awear  and  ni^n  the  Silemn  Luagua  and  Covenant  ()  1).  Such 
damandtt  can  only  have  liean  maila  with  tha  objact  of 
tratn|iling  ufion  the  KingA  feelingii  aa  well  as  upon  hit 
politit-al  authority,  and  it  would  have  Im^d  far  mora 
reaMinable  to  auk  hia  consent  to  an  act  of  alxlication  than 
t«>  Auch  articla«i  an  tht«e. 

rharleas  count^'rHlfniantU  of  .lanuar>*  11.  164.^  (Na  6j. 
p.  jH6^  are  cimrvivf^l  in  a  far  more  leaMinable  spirit.  They 
apfieal  to  thf  Kiiu''fi  Itgal  ritfhtj«.  aaking.  in  f»hort,  that  the 
C*onf»titiition  mIi'^uM  l^e  acc«|»tfd  an  it  had  sXkhA  at  the  and  of 
August.  1^41.  an«l  an  it  wa.^  to  ntand  at  tlie  Ket^ttiration  in 
1 660.  and  that  the  romiiion  Prayer  liook  <ihould  lia  prt> 
nervetl  fri>m  *M-*trn  ami  vii>hi«««>.*  aii«l  that  a  liill  ^h«iul«l  'ba 
fraUH«l  for  iIm*  «'a*>fnf  t«ii(ItT  1  iiiitwifncf^.'  If  ri»n*tituti(»nal 
•it-ttleiut'ntt  t-iiuld  If  ju«l^e«l  aa  th«'y  ^tand  u|n>n  |»A|M*r  witlH^ut 
n*fi*niu-i'  t«i  tlic*  charac tfr  of  iIkjim*  who  wtmld  hav«>  to  work 
tlieiii.  th«*n'  c«Mtld  l«*  no  tluubt  that  the  King'a  ufl«-r  alTonled 
at  hast  an  admirabh*  lja>in  for  iHv**iiation.  To  r^-tuni  to 
a  l«val  |Mi«kititin.  and  to  a]l«iw  the  llou««^  to  tiu^t  to  their 
r&clii«iVf*  rtiiitntl  owr  i\w  Mippliea  t«»  win  pit<^*ni«-al  reforma 
Would  1m>  ti>  4nti<'i|iati*  the  |Mditiral  situation  cf  th«*  Kt-atora- 
(loii  lflov«Tiun'*tit.  It  t\a>*  th«'  (»*eni*ral  di^tntat  of  the  cliar- 
acter  of  I'harlt*^  whiih  mad<*  tliia  inifioaaiMe.  and  which 
niadr  hm  aUliratiiiii  or  drthnmement  tha  onlv  |H««niMe 
temi'viary  "H.Iii(ii>n.     It  waa  tlie  inatiuctivv  feeling  that  thia 


1645-6]  A  Presbyterian  Scheme  xliii 

was  the  case,  combined  with  a  strong  disinclination  to 
acknowledge  that  it  was  so,  which  led  the  party  then  pre- 
dominant in  Parliament  to  fling  at  the  King  the  insulting 
Propositions  of  Uxbridge :  and  this  party  was  that — not  of 
wild  fanatics  or  dreamers — but  of  the  steady  Parliamentarians, 
whose  voices  were  always  raised  in  favour  of  peace. 

If  the  negotiations  at  Uxbridge  failed,  as  fail  they  must, 
there  was  nothing  for  it  but  to  prepare  for  war.  The  army 
was  remodelled,  and  the  new  model  army  better  paid  and 
disciplined  than  former  armies  had  been  must  be  put  under 
commanders  who  would  think  first  of  military  success  only, 
without  being  hampered  by  political  considerations.  To 
effect  this,  the  Self-denying  Ordinance  was  passed  on  April  3, 
1645  (No.  ^3)  P-  287)7  ^^^  in  order  to  weaken  the  King's 
power  the  Houses  drew  up  a  Negative  Oath  (No.  64,  p.  289) 
to  be  taken  by  Royalists  who  wished  to  forsake  the  King 
and  to  live  peaceably  under  the  protection  of  Parliament. 

The  year  1645,  the  year  of  Naseby,  was  too  fully  occupied 
with  militaiy  events  to  leave  much  time  for  constitutional 
reforms  or  proposals.  On  February  24,  1646,  however, 
Wardship  and  all  burdens  connected  With  feudal  tenures 
were  abolished  by  order  of  the  Houses  (No.  65,  p.  290),  an 
immense  boon  to  the  gentry  and  nobility  who  formed  the 
bulk  of  the  members  sitting  in  either  House.  On  April  5, 
Parliament,  hoping  to  win  over  some  at  least  of  the  King's 
adherents,  passed  an  Ordinance,  authorising  them  to  come 
under  the  protection  of  Parliament,  on  swearing  what  was 
known  as  the  Negative  Oath  (No.  64,  p.  289),  engaging 
themselves  to  give  no  support  to  the  King  in  future. 

On  July  4,  1646,  when  the  war  was  practically  at  an  end, 
and  the  King  was  in  the  hands  of  the  Scots  at  Newcastle, 
Parliament,  in  combination  with  the  Scottish  Commissioners 
residing  at  Newcastle,  despatched  fresh  propositions  to 
Charles  (No.  66,  p.  290).  The  Propositions  of  Newcastle 
were  framed  on  those  of  Uxbridge,  and  were  to  a  great  extent 
identical  with  them.    The  demands  for  a  Presbyterian  settle- 


xliv  /ftfraJiictiOH  ;i6«7 

nifiit.  for  the  KitiK**  takin}{  the  Covenant,  for  the  a|i|kuintinent 
of  jufifTi^fl  and  tifficeni.  f<»r  the  sweepintf  peiuihiea  on  dalin- 
<4uentfi.  n'niainecl  iirvtty  much  an  they  had  lieen.  The  pow«r 
of  the  CommiMionem  wa«  however  cunniderably  modified, 
and  the  rv<|U««tii  for  subject  infc  peace  and  war  as  well  aa  the 
education  of  the  Kinfj^'n  chihlren  to  the  control  of  Parliament 
difuiptHNirMl  entirely.  The  militia  wan  to  lie  placed  under 
Parliamentary  conf  nil  for  twf  nty  yearn,  a  |ienod  which  would 
pnibaMy  embrace  the  whole  of  l*harlea*a  remaininic  lifaCimcv 

To  theae  pro|HMUtionfi  Cluirles.  on  Auguat  i,  iFive  aa 
evanive  answer  I  No.  67,  p.  .io6i:  and  on  IVceml>er  10  ha  gave 
a  sfciind  anaw«*r  in  a  similar  atratn  I  No.  6H.  |i.  30^|w 

\Vh*'n  in  February.  1^47.  the  Kin^r  waa  removed  fron 
the  cuiitfKJv  of  the  Scotfi  at  Newcastle  to  the  cuatodv  of  tha 
Kn^liah  Parliament  at  Holiuby  IIouw.  it  aeeme«l  aa  if  thera 
was  no  thiril  course  ci|«n  t«»  Parliament  Iwtween  the  dep<^ 
flit  ion  of  i*harlen  atitl  the  ai'ceptaiice  of  hia  terms.  Charles 
hatl  howi'V'er  1m-«*ii  buny  durint;  the  la^t  montlm  t»f  his  sojourn 
at  Newcastle  in  h«»ldinK  out  h«>|iea  of  concesaion  tin  hia  |iari, 
and  ea|ie«*ially  of  bin  trrantinK  Prsabyterianism  f<»r  ihnm 
years,  in  the  ex|«H'tati<in  that  he  would,  during  thai  pariod, 
U*  able  tt»  rt*gain  sufficient  influence  to  obtain  the  reatoratioii 
of  Epi»co|iac  y  and  the  Prayt>r  Boi>k  when  it  came  to  an  amL 
ParlianH»nt  liad  now  fnr  noine  time  lieen  airain  split  up  into 
two  |iarties.  On  th«*  one  si«le  were  the  Presbyteriana,  who 
wen*  attempt  ini:  to  tirtfani«ie  an  Kraut  iaii  Preabyterianiam 
in  KnkrlaJid.  and  wh«i^  principle  waa  to  sul*stitute  the  pre- 
domuuince  «if  Parliament  in  Church  and  8tata  for  that  <»f 
the  King.  l>n  the  other  side  wen*  the  Ind*-|«pndt*nta.  who 
wisht^tl  t4>  intn>iluc«*  a  large,  if  not  a  complete  toleration, 
and  thus  t4i  lilierate  individual  conaciencsa  fn>m  the  control 
both  of  Parliament  an«l  King.  Aa  the  Independenta  had 
a  great  hnld  upon  the  army,  the  Pn-abyterians.  who  in  tlie 
beginning  of  1647  commanded  a  minority  in  Ivith  Ilouaea. 
had  strong  rsasnns  for  falling  back  on  the  King.  The  tvault 
waa  a  consultatioa  bat  ween  their  laaden.  who  wetr  joi 


X647]  The  Heads  of  the  Proposals  xlv 

by  one  or  two  of  the  weaker  Independents^  such  as  the  Earl 
of  Northumberland,  with  the  French  ambassador  Belli^vre, 
and  the  production  on  January  29  of  a  proposed  answer 
which  was  to  be  sent  through  the  Queen's  hands  to  the 
King  in  order  that,  if  he  approved  of  it,  he  might  return  it 
to  those  who  had  drawn  it  up,  on  which  they  were  ready 
to  support  the  King's  wish  to  come  to  London  to  enter  into 
a  personal  negotiation  with  Parliament  (No.  69,  p.  309). 
On  May  12,  Charles  sent  to  the  Houses  what  was  in  form 
a  third  answer  to  the  Propositions  of  Newcastle  (No.  70, 
p.  311),  but  which  was  in  reality  intended  to  be  a  reply  to  the 
secret  proposals  of  the  Presbyterians,  and  which,  in  fact,  ac- 
cepted them  with  some  not  very  important  modifications. 

The  historical  importance  of  these  two  documents  can 
hardly  be  overrated.  In  them  the  alliance  was  struck  between 
the  King  and  the  Presbyterian  party  which  led  to  the 
Second  Civil  War  in  1648  and  ultimately  to  the  Restoration 
in  i66o.  The  Presbyterians,  with  a  majority  in  Parliament 
at  their  disposal,  gave  up  the  attempt  to  coerce  Charles 
which  they  had  made  in  the  Nineteen  Propositions,  and  in 
the  Propositions  of  Oxford,  of  Uxbridge,  and  Newcastle,  and 
fell  back  on  the  principle  of  re-establishing  his  authority  as 
it  was  in  August,  1641,  in  return  for  the  concession,  scarcely 
more  than  nominal,  of  a  three  years'  Presbyterianism. 

The  first  step  to  the  realisation  of  this  scheme  was  an 
attempt  on  the  part  of  the  Presbyterians  to  get  rid  of  the 
army,  and  when,  chiefly  through  their  mismanagement, 
the  attempt  failed,  the  army  allied  itself  entirely  with  the 
Independents,  carried  off  the  King  from  Holmby  House, 
and  obtained  the  impeachment  and  suspension  of  the  eleven 
leading  Presb3rterians  in  the  House  of  Commons. 

On  August  I,  the  army  came  forward  with  its  own  plan 
for  the  settlement  of  the  kingdom,  the  Heads  of  the  Proposals 
which  were  drawn  up  by  Ireton  and  amended  by  the  Council 
of  the  Army  after  they  had  been  informally  submitted  to 
the  King  (No.  71,  p.  316). 


kIvi  Introduction  [i««i 

Tli«  H#«d»  of  tile  Propo—ln  wt»r»  X)¥h  mfMt  fompr»lMa«iv« 
Attempt  at  A  p»rinAn«nt  Mttlvnient  wliirh  \\wA  vH  hmtk 
d«viMd.  They  «lid  nut,  lik«  th#  vani>ufi  propotitionft  Lud 
Iwforv  Cbark«  on  fomivr  occAiiiuiiA»  fie«k  to  c^tabluh  a  Pat- 
liAOMntAry  ibspotiatn  upon  th«  ruin*  of  th<>  drnpotism  of  %hm 
King.  Th«*y  pmpoMd  indev«l  t«>  nimk^  th*  King'*  |iuw«r 
^MiliMfinrifnt  to  that  of  tho  pArliAnient,  hut  to  lesMa  tho 
powt>r  of  IWIiAnivnt  by  nuking  it  nior»  Am^nAble  to  tho 
otnslituviicieii,  And  by  rMtricttng  th«  fMiwori  of  tb«  H<aI« 
over  the  liU*rty  of  individtwU. 

TU»  fimt  obji'ci  WAS  nuunly  to  be  tcAined  by  proTiding 
for  bii»nniAl  pArliAm«ntA  and  for  a  rMlialributton  of  Ai«fei^ 
which,  by  tuppriHwing  wliAt  in  Utfr  tiniMi  were  known  aa 
rotten  borouffhji,  would  hAve  nude  FArliAni«*nt  note  lepce- 
^ntAtive  ({  I.  I   r,|. 

The  iHH'ond  object  waa  to  lie  gAined  by  the  f«tAbliAhnieiit 
of  religiiiiii  liberty,  by  depriving  the  Biahope  of  roervivo 
jurisdiction.  And  by  refiealing  a11  Art*  impoaing  fienAltieA 
u|»on  Atten«Iiiig  or  not  Atten«ling  on  Any  niieciAl  form  of  wor- 
iliip.  or  u|»un  refiiMtitc  to  tak**  the  <  ovenAnt  ((^  XI-XIII^ 

With  the  power  iff  pArliament  thus  AtteuuAted.  it  i^- 
nuiiie«l  to  lit*  (Niimidfrt^l  whAt  were  to  be  its  rsUtionA  with 
the  Cn»wn.  Ilfie  the  uerfAnity  of  diAtinguisliing  bslw»n 
n*<«trit'tiotin  nt'tHb'vl  whilst  thf  exritement  «»f  th«*  Civil  War 
WA^  calming  ilown.  An«!  re«»trirtions  {^^munently  neceaMry, 
WAA  hot  b'ft  out  of  Hitflit.  The  niilitiA  waa  to  lie  placed  for 
t«*n  \«-an%  tmiltT  tht*  ParliAm«*nt.  After  that  it  was  to  bo 
«*omiiiatit)ttl  liy  lli«>  Kiiitf.  but  hot  without  the  Advice  Aod 
fontrnl  ttf  pArliaiiieiit  (^  II.  i.  ii.  For  M*ven  y««rs  thsrs 
WAH  to  1^  a  Council  of  Suti*.  th«*  niemlifm  <»f  which  wore 
to  In*  At  ••lit**  agn<«-il  ttn.  ami  thLi  t  ouncil  of  Stale  was  U* 
su|irriiittti*l  the  niihiia  and  tu  conduct  fi»reitfn  negottatioO)^ 
th^"  t'uial  dfH'iMon  in  |«eAce  or  %iai  iM'intf  rt^M^r^ed  ti»  PArlia 
nirtit  i;  III.  4.  *.  fi\,  Nt»  attfrnpt  w»%  uu«lf  to  interfere  with 
th«-  Kinh;'<«  « lioit-v*  t»t  hui  oltir«»ni.  f&if|*t  that  KoValist^  whi* 
ha-t  Ifurio*  liriiln  ii.;.iiti^t   (br  Parh^tilt-tit  Wf*r»-  t«>  \m  r&clu«l«^ 


i«47]  The  Heads  of  the  Proposals  xlvii 

ttom.  office  for  five  years,  and  from  sitting  in  Parliament  till 
after  the  end  of  the  second  biennial  Parliament  (§  II,  4). 
No  Peers  created  after  May  21,  1642,  were  to  sit  in  Parlia- 
moit  without  the  consent  of  the  Houses  (§  V).  Acts  under 
the  King's  Oreat  Seal  since  it  had  been  carried  off  from 
Parliament  were  to  be  declared  invalid,  and  those  under  the 
Parliament's  Great  Seal  to  be  valid  (§  VII). 

Such  were  the  principal  proposals  made  in  this  note- 
worthy document.  It  is  unnecessary  to  call  attention  to 
its  vast  superiority,  ftoxa  a  constitutional  point  of  view,  to 
the  Presbyterian  plan  of  waiting  upon  event&  Yet  it  was 
this  very  superiority  which  rendered  it  impossible  to  put 
it  in  execution.  It  contained  too  much  that  was  new,  too 
much  in  advance  of  the  general  intelligence  of  the  times, 
to  obtain  that  popular  support  without  which  the  best 
Constitutions  are  but  castles  in  the  air;  and  even  if  this 
could  have  been  got  over,  there  was  the  fatal  objection  that 
it  proceeded  from  an  army.  The  Presbyterian  plan  was 
more  suited  to  the  slow  and  cautious  progressiveness  of 
human  nature.  It  too,  however,  had  for  the  present  its  root 
of  failure  in  it,  in  that  it  was  based  on  the  calculation  that 
Charles,  if  he  were  i-estored  to  power,  would  be  amenable 
to  Presbyterian  pressure.  He  was  already  giving  them 
hopes  that  he  would  be  so.  Before  the  end  of  July  he  had 
intimated  to  the  Scots  his  readiness  to  make  such  concessions 
to  them  as  would  induce  them  to  send  an  invading  army  to 
support  the  Presbyterians  in  England.  The  army,  on  its 
part,  on  August  6,  took  military  possession  of  Westminster. 
Yet,  even  so,  it  found  its  hold  upon  Parliament  uncertain, 
and  instead  of  taking  up  the  Heads  of  the  Proposals,  the 
Houses  sent  to  the  King  a  revised  edition  of  the  Propositions 
of  Newcastle,  differing  only  in  a  few  unimportant  particulars 
from  the  paper  originally  presented  to  Charles  in  1646  by 
the  Presbyterian  Parliament  and  the  Scots.  In  reply,  the 
King,  on  September  9,  despatched  a  letter  expressing  his 
preference  for  the    army  proposals  (No.  72,  p.  326).     On 


xlvrii  IntroducHam  .  i««f 

N<>v«»nit»or  II.  h«  fl«^  from  Ifftinpton  Court.  wh»r^  h»  had 
lMN>n  uiifh'r  th«*  cu^tiNlv  of  th<*  ftrmv.  to  tli«*  Ifil«*  of  Wiitht, 
wli*Tt*  h«»  wan  plar«Nl  in  virtual  imprison int 'lit  in  Cari^hmok* 
CaMltf^.  On  Ni«v**nifi^r  i^  he  wn»t**  «  l«4t**r  to  the  Sfwttker 
of  the  Iloiiiie  of  Ij«ir«U  (Xo.  7;),  |k  3a8).  offerinff  to  abuifloQ 
the  niilitia  «lurinK  hi*>  own  lift*.  Hut  refuMnir  to  a)ii»Im1i 
E|>iiiro|kncy.  And  proponini;  threo  re«rs*  PrMhyteriAni«m.  to 
lie  folliiwed  by  A  M*«ti*ni  to  be  approved  of  by  the  King  aimI 
the  Hoiiw^  with  full  liberty  tfi  aII  thone  who  ^ould  differ 
on  r«»n<irifntiou4  irr«>un(lii  from  thAt  «i«*ttlement.  and  coii* 
«M'ntiiii:  to  riin«i«|«*r  th**  pn>|KMAlA  of  the  Aimy  coneeminff 
•^lectinna  And  th««  aurremion  of  ParliAinent^  rArliaineot 
ivpli«d  on  DtH^nifM*r  14,  bv  aendinir  th«*  F«*iir  KiilaiN*!.  ^f^ 
P*  .V).'A  whirh.  toi^ther  with  th«>  Arn»ni|«nyinK  denunda^ 
wi'rv  tAiitdiiuiiiiit  to  A  reiterate*]  rp«|u«nit  for  the  Acreptan<v 
of  th«*  IVo|MMiition«*  of  NewcaAtl**. 

On  |Miper.  at  b*A*»t.  rhftrle^  hA«l  th«>  A«lvAntA|re :  bat  00 
IWftnlier  i'*.  h**  roip'ltidttl  a  secret  ««nira|{einent  with  the 
S'liltiih  ('oiiinii*»«»ii»iier*  lN«>.  7ft.  p.  \4l^  «»n  th*»  liaaia  «if  the 
thr»«»»  vi^arn'  I*rp**ivt»»r>*,  but  fiiil'^titutinff  for  the  full  liberty 
fur  th(*4*  wbi»  ditTcrf^l  from  the  final  vltlrni«*nt  of  the 
rhurrh  n  rlauM>  providini;  that  an  ••fT«Ttual  riMirm*  waa 
to  U*  taknn  *for  auppieiMinir  the  opiniona  and  prartirea 
t>f  Atiti-TrinitArianK.  AnabaptiHt-*.  Aritinomian*.  Arminiaiuk' 
\'«*.  On  x\\\%  i:n»un<l  th«*  Parli.ninent  i^f  S<N»tland  waa  to 
re^jiiin*  the  di«)*aiidiii«nt  of  all  amii*^.  and  if  that  %raa 
•lfni*-<l.  to  aw>M*rt  *th^  rudit  whi<-h  bi*lMti(pi  t<»  the  t*niwn 
in  th«*  |MiWrr  <*f  tb**  niiiitia.  tbt<  I  treat  S-al.  lM«t«>wini{  *A 
b*miiur*  and  Mrlir.^,  «if  imat.  i*hiti**r  of  I*rivy  t'ounrilli-r*. 
'hi*  ri«;ht  «if  tb«*  Kinir'ti  n«'L'.ttiv^  v<*ir**  in  Parliament.'  Ar. 
ip.  utji  If  thii»  were  d«*ni«Ml.  a  Smiti^h  anny  waa  to 
inva<b*  Fnifland  with  tlit*«M*  itbj#<t«.  and  al^^  t^*  end««vtHir 
that  l)i-rf  mi;:l>t  tie  'a  fre**  and  full  Parliam«'nt  in  Kntfland. 
iinl  th.it  .1  «!»••. U  i-eri'iil  !••-  «e(  !•■  tbi-  prtHit>nt  Parliani«>iit.' 
\\\  .idilitixnal  .irtir!.*  iNt».  77.  p.  \' W  t'barlt^  •*ntmr«**l 
to  Cfrtaiii  |it'r«oiiaI  *<inditii»n4  in  f.ivttiir  of  S**  t«nieii.     The 


1649J  The  Agreement  of  the  People  xlix 

discrepancy  between  the  terms  offered  to  the  Scots  and 
those  which  he  offered  to  the  English  Parliament  offers 
a  good  illustration  of  the  difficulty  of  coming  to  terms  with 
Charles.  The  simple  addition  of  the  words  Hhe  right  of 
the  King's  negative  voice  in  Parliament,'  made  the  rest 
worthless.  He  would  start  with  the  understanding  that 
EpiBcopacy  was  established  by  the  law  of  the  land,  and 
would  therefora  hold  its  legal  position  as  soon  as  the  three 
Presbyterian  years  were  over,  except  so  far  as  it  was  modi- 
fied by  mutual  agreement  between  Charles  and  the  Houses. 
As,  however,  he  was,  according  to  the  rules  of  the  old 
Constitution  and  his  present  claim,  entitled  to  reject  any 
compromise  which  he  disliked,  he  would  find  himself,  when 
the  three  years  were  over,  master  of  the  situation. 

Two  da3r8  after  the  signature  of  the  Engagement,  Charles 
refused  his  consent  to  the  Four  Bills  in  a  paper  (No.  78, 
P-  353)>  ^  which  the  Houses  replied  on  Januaiy  17,  1648, 
by  the  vote  of  No  Addressee  (No.  79,  p.  356),  breaking  off 
all  further  negotiations  with  the  King. 

The  secret  engagement  with  the  Scots  produced  the 
Second  Civil  War.  The  army  returned  exasperated,  and 
after  an  attempt  of  the  Parliament  to  come  again  to  terms 
with  the  King  in  the  Treaty  of  Newport,  carried  out  Pride's 
Purge,  and  on  January  8,  1 649,  obtained  ^m  the  members 
who  still  remained  sitting  an  Ordinance  for  the  erection 
of  a  High  Court  of  Justice  for  the  trial  of  the  King 
(No.  80,  p.  357). 

On  January  15,  1649,  whilst  the  King's  fate  was  still  in 
suspense,  the  Council  of  the  Army  set  foi*th  a  document 
known  as  the  Agreement  of  the  People  (No.  81,  p.  359), 
a  very  much  modified  edition  of  the  Agreement  of  the 
People  offered  by  the  Levellers  in  October,  1647  (No.  74, 
P*  333)*  ^^  was  a  sketch  of  a  written  Constitution  for 
a  Republican  Government  based  on  the  Heads  of  the  Pro- 
posals, omitting  everything  that  had  reference  to  the  King. 
The  Heads  of  the  Proposals  had  contemplated  the  retention 

d 


I  IntroduciwH  (i*«« 

c»f  tilt*  Rnyal  Atithtirity  in  M>mr  •hapt*  nr  another,  and  had 
iNfii  (mil tent  to  l«Kik  for  security  to  Acta  of  Parliammt, 
U*cAtifif,  th(>u((h  ev«*ry  Art  waa  ca[ia)>U  of  l^ini;  i»pc«l«d. 
it  «'4Milil  not  \ni  r«»|i«*aliHl  without  th«  cunwnt  hoth  of  tha 
Kintf  an«i  tin*  Hi»iim>h,  and  th«*  IIoutM  uii|{ht  l«  truaUd 
to  ivfuM-  thi'ir  coiiiient  to  th^  re|«al  of  any  Act  which 
rhcvki-d  the  de«|K>ti«iu  of  th«*  Kinir :  whilnt  Uie  Kinir  couM 
l»e  trufit«Hl  to  H'fiifw  hi«»  c<>nM>nt  to  the  re|N-al  of  any  Act 
whirh  rh«*ck«Mi  th«*  deh|K»ti«tni  of  thr  lIouirf».  With  tba 
dinapiN'arnno*  of  Koyahy  the  fiituati*>n  was  alt«rMl.  Tba 
il«*M|uiti«ni  «  t'  l*iirliam«'nt  waw  the  chief  danirer  to  ha  faaiad, 
and  thc'H'  wan  im  |HtniiihiIity  of  avfilinir  this  hy  Acta  of  tha 
Pnrlianifnt  itM-If.  Naturally,  tlierefore,  an  mm*  tha  id«a  of 
a  written  i'nniititution.  which  the  Parliament  itaelf  wouM 
1h>  inooni|H>tfiit  to  violate.  According  to  the  propoaad 
M'hfme,  the  ezi«ittn,^  Parlianu^nt  wan  to  lie  diasolred  on 
April  {O.  ir>4g.  After  thi»  tht-re  waA  to  he  a  hi^jinial 
Parliament  wit  In  ait  a  Houm*  of  L«>rda.  a  rediAtritiutioo  of 
iN>at«,  and  a  rating  franchi^*.  Fi»r  M-vt-n  yearn  all  who  had 
alh<*r«H|  to  th«*  Kin^'  w«>re  to  lie  deprived  of  their  votea. 
and  diirinir  the  first  and  nac«ind  Parliament «  only  thoae  who 
\\aA  hy  oontrihutittns  or  hy  |>ersonal  service  asaistad  tha 
Psrlianiwit.  or  wh«>  ha<l  refrained  from  aliettinp  oartaia 
t->inhinatioh*i  amkiii^t  Parlianit>nt.  wen*  X**  ht*  capaMe  of 
\n*\\\^  fltn't***!.  whilst  tho^  wh(i  h«i)  artually  supt^ortatl  the 
Kitic  in  th«'  war  wert*  tu  lie  eicluded  fur  fourteen  vran^ 
Flirt hfr.  tiu  offirial  wan  tu  1m*  «*Ii-cte<l.  There  waa  to  tie  a 
I'oiiiuil  fi>r  *  nianak'injf  pu Mir  affaira.  Further,  sii  particulars 
Wfii*  aift  ilown  with  which  Parliamt-nt  could  n«'t  m^ldle. 
.dl  law^  tnadi'  on  thi^ir  aiihje«  ts  ha%  in^;  n<i  hindintr  forr«*. 

A  A  t'*  r*li«:ion.  tht're  wa*i  to  li«k  a  public  prof<e%Aion  of 
thv  t*hri*itun  ri'Iip«>n  '  r^-fornitnl  to  the  >rreat«4%t  |»uhty 
of  d<ii  trwif.*  anil  the  rlrr^y  w-««rv  to  he  maintained  'out  ^4 
a  publir  trfaaunk'.'  l*ut  n^t  hy  tith«*s.'  This  puMic  reliin**n 
wa»  iH't  t«i  Im*  *  Pit|M'r>  ••r  Pn*Iarv  *  N^^  on*-  was  to  lie 
ciim|M-Uid  to  cuufuimity.  but  all  tvligioua  which  did  out 


x649]  The  Commonwealth  li 

create  disturbances  were  to  be  tolerated.  It  was  not,  how- 
ever, to  be  understood  'that  this  liberty  shall  necessarily 
extend  to  Popery  or  Prelacy,'  a  clause  the  meaning  of  which 
is  not  clear,  but  which  was  probably  intended  to  leave  the 
question  open  to  Parliament  to  decide.  The  Article  on 
Religion  was,  like  the  six  reserved  particulars,  to  be  out  of 
the  power  of  Parliament  to  modify  or  repeal. 

The  idea  of  reserving  certain  points  from  Parliamentary 
action  was  one  which  was  subsequently  adopted  in  the 
American  Ck>nstitution,  vdth  this  important  difference,  that 
the  American  Constitution  left  a  way  open  by  which  any 
possible  change  could  be  effected  by  consulting  the  nation  ; 
whilst  the  Agreement  of  the  People  provided  no  way  in 
which  any  change  in  the  reserved  powers  could  be  made  at 
all.  In  short,  the  founders  of  the  American  Ck>nstitution 
understood  that  it  was  useless  to  attempt  to  bind  a  nation 
in  perpetuity,  whilst  the  English  Council  of  the  Army  either 
did  not  understand  it,  or  distrusted  the  nation  too  far  to 
make  provision  for  what  they  knew  must  come  in  time. 

It  was  this  distrust  of  the  nation — perfectly  justified  as 
£ar  as  themselves  and  their  projects  were  concerned — which 
made  it  hopeless  for  the  Council  of  the  Army  to  build  up 
the  edifice  which  they  designed.  It  is  well  to  note  that  the 
document  which  to  every  sober  student  of  Constitutional 
History  seems  evidence  that  the  scheme  of  the  army  was 
a  hopeless  one,  was  published  before  the  execution  of  the 
King.  That  that  execution  made  the  difficulties  in  the  way 
of  the  establishment  of  a  Republic  greater  than  they  had 
been,  it  is  impossible  to  deny;  but  the  main  difficulties 
would  have  existed  even  if  the  King  had  been  deposed 
instead  of  executed.  There  are  two  foundations  upon  which 
government  must  rest  if  it  is  to  be  secure,  traditional  con- 
tinuity derived  from  the  force  of  habit,  and  national  support 
derived  from  the  force  of  will.  The  Agreement  of  the  People 
swept  the  first  aside,  and  only  trusted  the  latter  to  a  very 
limited  extent  . 

da 


Ill  InirotitHtiam  [ 

Th«»  KitiGr'4  f-xeriiiif.ii  WHO  ii<»t  Ioiir  in  folluwinjr.  ^*ii 
January  20  the  rhanr^  afraiiiat  him  was  briHight  b^fiprf*  th» 
High  Court  of  .lu4tice(N«i.  Hi,  |i.  )7ii.  t»ii  th«  3i»t,  Charba 
d«liv«iro«I  hill  rpa»oiiii  for  decliniiifr  th«  juriadirtion  of  tho 
Court  (No.  H;*.  |).  374 1,  ^>ent•llcr  of  daath  was  proaoaiM^d 
on  thtf^  a7th  (Na  H4,  p.  )77t.  Tho  doath-warrant  waa  sifiiad 
on  tho  ir>th  I  No.  H5.  |>.  J^«o|.  and  on  the  jocb  Chariot  I  waa 
beheade<l . 

V.     Uk€  CommymcfnUk  and  I^ottftOfoU. 

ir.4!»-  I  ruin.  1 

On  KoKniarv  1  .^  i^4(^*  tho  oxistinfc  House  of  Commons 
ui»w  rUiinintf  the  i^iwors  and  ntyle  ^f  the  entire  Farliameot. 
th«>ufrh  sitting  with  sadly  diminished  numbers,  appointed 
aCounril  of  State  I  Nu.  Mri.  p.  ^Htl  and  on  the  J  and  drew  up 
an  Liik^a^oment  to  (n*  takfii  by  tho  Councillor*  to  mainuia 
and  doffnd  mi»lutiiins  of  Parliament  for  tbo  eatablishnieot  of 
a  Commonwealth  without  Kint;  «»r  House  of  LoidslNo.  H7. 
p.  .^84).  It  abolished  the  «>fhc«-  of  King  on  March  17  (No.  St. 
p.  384 1,  and  the  Houm'  of  Lords  «in  .Vsrch  i<i(Na  H^  p.  .1^7^ 
On  Mav  19  it  finallv  do<-lart*d  Eii^'lsnd  to  be  a  Commonwealtll 
iNo.  .|0.  p.  .)Hh|.  On  July  17.  ttt%u,  it  |4u*ed  a  naw  Trsaaon 
l^w  I  No.  c/i.  p.  pH):  and  on  Jsiiusry  1.  if^so.  directed  an 
Knfnip*niont  of  Fidolity  to  th^  Coiiimonwf^Ith  to  ba  taken 
by  all  men  of  tho  a^  *»i  01  (^h teen  I  No.  (|i.  p.  3H8I.  On 
8ept«-ml*«*r  17.  i^.^o.  it  rf|««led  all  A«*t«  and  dauaee  of  Acts 
mi|N»iiin^*  |N*naltiiie  for  not  r«»minff  to  Church,  but  enacted 
instead  that  rv^ry  ont*  (»n  thf  I.«ord*a  Ilay.  and  «»B  days 
of  public  thanksgiving  and  humiliation,  should  be  prsaent 
soniowhtre  'in  tht*  practice  of  some  reliftioua  duty*  iNa  ^3. 
p.  )iit  I.  So  far  I hr  Parliament  ha«l  iruiie  ta  carry idc  out  tiM 
AKr«N*n)ont  of  th**  PtHiplo.  but,  as  might  be  ri|«<ied.  it  took 
no  ste|«  to  limit  its  own  p«>w«>rs.  nor  waa  it  at  all  in  a  hurry 
t«>  apiMiint  a  dsy  ft^r  ita  own  diasolution. 

In  thp  mi«n while,  tho  t-nly  force  which  supported  the 
new  Ci'mmon wealth  or  c«/uld  dictate  to  ita  reiife^ntativea 


1653]  The  Instrutnent  of  Governtnent  hh 

was  that  of  the  army.  In  1649  &  large  part  of  the  army 
under  Cromwell  had  been  engaged  in  the  conquest  of 
Ireland,  and  on  August  12,  1653,  an  Act  was  passed  for  the 
settiement  of  Ireland  on  the  principles  which  commended 
themselves  to  the  conquerors  (No.  94,  p.  394).  In  1650 
Cromwell  became  Lord  Qeneral,  and  in  that  year  and  in 
1 65 1  he  conducted  a  war  against  the  Scots,  defeating  them 
at  Dunbar  on  September  3, 1650,  and  at  Worcester  on  Sep- 
tember 3, 1651.  As  soon  as  peace  was  restored,  the  leaders  of 
the  army  became  impatient  for  the  fulfilment  of  the  neglected 
demands  of  the  Agreement  of  the  People.  On  April  20, 
i^53y  Cromwell  dissolved  the  Parliament  by  force,  and  stated 
his  reasons  for  doing  so  in  a  public  Declaration  (No.  95,  p. 
400).  Instead,  however,  of  summoning  a  Parliament  either 
after  the  new  scheme  or  after  the  old  system,  he  allowed 
the  Council  of  Officers,  on  advice  from  the  Congregational 
ministers,  to  nominate  an  assembly,  usually  known  by  a 
nickname  as  the  Barebones  Parliament,  to  provide  generally 
for  the  Commonwealth  (No.  96,  p.  405).  In  the  end,  the 
Assembly  dissolved  itself,  surrendering  authority  to  Crom- 
well as  Lord  Protector,  who,  on  December  16,  1653,  an- 
nounced his  intention  of  ruling  according  to  a  constitutional 
document  prepared  by  a  select  body  of  officers,  and  known 
as  the  Instrument  of  Gh)vemment  (No.  97,  p.  405). 

The  Instrument  of  Government  was  intended  to  suit 
a  Constitutional  Government  carried  on  by  a  Protector  and 
a  single  House.  The  Protector  stepped  into  the  place 
of  the  King,  and  there  were  clauses  inserted  to  define 
and  check  the  power  of  the  Protector,  which  may  fitly  be 
compared  with  those  of  the  Heads  of  the  Proposals.  The 
main  difference  lay  in  this,  that  the  Heads  of  the  Proposals 
were  intended  to  check  a  King  who,  at  least  for  some  time 
to  come,  was  to  be  regarded  as  hostile  to  the  Parliament, 
whereas  the  Instrument  of  Government  was  drawn  up 
with  the  sanction  of  the  Protector,  and  therefore  took  it  for 
granted  that  the  Protector  was  not  to  be  guarded  against 


Ijv  Iniroduchom  [i6si 

AM  A  |M»Milile  fl*nein3r.  Hin  pownr  however  wat  to  Ih«  liinit««i 
by  I*Arliaini*nt.  An«i  ttill  morp  l>}r  the  C«»unciL 

pArliam^nt  wan  to  Y»  A^cX^  and  t4»  uin4.  not,  an  aeconlitiff 
to  th^  AtfrM^iiifnt  of  tho  Poopl^.  onr^  in  two,  but  one* 
in  thn*^  y«ars  ({  7),  and  to  ramain  in  Maaion  at  laaat 
ftre  monthfi  <f  81.  It  waa  to  b<»  «»l<«tad  in  aceordanea 
with  a  Hch^m^  for  the  rediatrilMition  of  amta  baa>d  on 
that  w»t  forth  in  the  AirrM>mant  of  the  Pe<if»U  If  to|L 
ihf  Pn>teetor  and  Council  having  leave  to  eatabliah  aon* 
Htitiienciaa  in  Scotland  and  Ireland,  which  were  now  to 
H«*nd  mi«m>>er»  to  the  Parliament  of  Weatminater.  It  waa 
thf*  ftrat  attempt  at  a  Parliamentary  union  bt^waen  the 
tlir*^>  i*4>untrieii.  rarri»*<]  out  at  a  time  when  «uch  a  union  wae 
«inly  |Mi*Mil»|e  lMi<>auw  two  of  the  countriea  had  b«en  con« 
4U«Tt*4i  by  one.  InatHul  of  tha  old  frsahold  franchiae.  or 
of  tlie  rating  franrhine  of  tha  Airnem«*nt  of  the  Paof»le. 
the  franchise  in  th«*  count ieii  waa  to  ba  given  to  the 
lioMieMora  of  real  or  fHkriKinal  entate  to  the  valua  of  Xfoo 
(I  18^  Aa  nothing  waa  Naid  aUmt  the  lioruugha.  the  right 
of  «*l«H*tion  would  remain  in  thoae  who  ha«i  it  under  the 
Monarchy,  that  ia  to  lav.  it  woul«l  %'arv  acconling  to  the 
cuatom  of  each  boroutfh.  Thin  how«<ver  waa  of  l<«i  im- 
l^irtAnr**  than  it  would  have  lie«*n  in  ftirnier  yeara.  aa  one 
of  the  main  featun*^  of  the  Instrument  wia  an  enorroons 
inrivaae  nf  tht*  nunilierof  r«»unty  mi'ml^ep*.  and  a  |ii%>|M»rtional 
ilecniajM*  of  the  numlier  of  Utrough  memlieni.  In  tboae 
l»or«>UKh<i  in  which  the  riir|M»nitiona  elerted.  the  feeling  l>y 
this  tim«>  W(»uld  l^e  likelv  to  Im»  anti-Rovaliat.  The  dia- 
qualitirntion  claunea  w«-n*  leaa  atrintr«-ntly  drawn  than  in  tha 
A^T^xement  of  the  IViple.  but  all  who  hail  abetted  the  King 
in  the  war  w«n*  to  lie  depriveil  of  their  votea  at  the  firal 
elartion  and  of  the  riffht  of  aitting  in  the  timt  four  Pariia- 
mi-ntii  if  14I  Tli«>4e  whn  had  aU-tted  the  Keliellion  in 
ln>Unil.  «*r  w^re  K«)man  l*athtdica.  w^re  pennanently  dia- 
«|u.ilit't«d  from  «ittmg  or  voting. 

Till  «*<iiinril  ykx%  nain«(d  in  the  In«trunient  itavlf.      When 


1653]  The  Instrument  of  Government  iv 

▼acancies  occurred,  Parliament  was  to  give  in  six  names,  to 
be  diminished  to  two  by  the  Council,  out  of  which  one  was 
to  be  selected  by  the  Protector  (§  2  5).  The  chief  officers  of  the 
State  were  to  be  chosen  '  by  the  approbation  of  Parliament' 

The  clauses  relating  to  the  power  of  Parliament  in  matters 
of  finance  seem  to  have  been  modelled  on  the  old  notion 
that '  the  King  was  to  lire  of  his  own '  in  ordinary  timea  A 
c<mstant  yearly  revenue  was  to  be  raised  for  supporting  an 
army  of  30,000  men — now  regarded  as  a  permanent  charge 
— and  for  a  fleet  sufficient  to  guard  the  seas,  as  well  as 
JCaoo,ooo  for  the  domestic  administration*  The  total 
amount  and  the  sources  of  the  necessary  taxation  were  to 
be  settled  by  the  Protector  and  Council ;  Parliament  having 
no  right  to  diminish  it  without  the  consent  of  the  Protector 
(§  27).  With  resx)ect  to  war  expenses,  they  were  to  be  met 
by  votes  of  Parliament,  except  that  in  the  intervals  of  Parlia- 
ment the  Protector  and  Council  might  raise  money  to  meet 
sudden  emergencies  from  war  till  the  Parliament  could  meet 
(i  3o)y  which  the  Protector  and  Council  were  bound  to  summon 
for  an  extraordinary  session  in  such  an  emergency  (§  23). 

As  to  legislation,  a  Bill  passed  by  Parliament  was  to  be 
presented  before  the  Protector.  If  after  twenty  days  he 
bad  not  given  his  consent,  or  induced  Parliament  to  with- 
draw the  Bill,  it  became  law  unless  it  were  contrary  to  the 
Instrument  of  Government  (§  24). 

As  to  administration,  'the  Chancellor,-  Keeper,  or  Com- 
missioners of  the  Great  Seal,  the  Treasurer,  Admiral,  Chief 
Governors  of  Ireland  and  Scotland,  and  the  Chief  Justices 
of  both  the  Benches '  were  to  be  chosen  by  the  approbation 
of  Parliament  (§  34).  All  other  appointments  were  in  the 
hands  of  the  Protector. 

The  functions  of  the  Council  were  of  considerable  impor- 
tance. In  all  important  matters  the  Protector  had  to  act 
by  its  advice,  and  when  Parliament  was  not  in  session  it  was 
to  join  him  in  passing  Ordinances  which  were  to  be  obeyed 
until  in  the  next  session  Parliament  either  confirmed  them 


)vt  Iniroductiom  [i«si 

or  dindlowed  Ihem  H  .lok  On  th*  d^th  of  th*  ProUHor 
it  WM  tli^  Council  which  wm  to  •bet  hw  iiucr<-^aor  It  i'l- 

Th«»  Artkl«ii  «»n  Lifierty  of  Wonhipi^  .^6.  .nlM^  alnoil 
verbally  tjUc#n  from  the  Affn«in«»t  «*f  th«  PeopU.  eieapl 
that  for  the  cUii«*  *  Nerertheltnt.  it  \%  not  inlencM  to  b* 
h«n*1*y  provided  that  Uiis  libivty  shall  ni'cuwirily  vit«tid  to 
Po|ion'  or  Prelftry.*  is  MilMtitut«d  *  I^roTidtnl  this  liberty  hm 
not  •! tended  t«>  Popery  or  Prelacy,  nor  to  auch  aa,  under  the 
profeaaii>n  of  (*hrii»t,  hold  forth  and  practise  licentiouaneaab* 

To  obtain  «>nie  sort  of  confirmation  for  this  new  Con« 
St  it  lit  ion.  the  returning  Officer  waa  to  obtain  frutn  the 
eliTtor^  by  whom  th**  memlwrs  of  Parliament  were  choiva 
a  written  acknowb*dicment  'that  the  |i«rs4*ns  elected  ahall 
not  liave  power  to  alter  the  ((oTemment  aa  it  is  hereby 
aettleii  in  one  single  penM>n  and  a  Parliament*  |f  \i^ 

The  Instrument  of  tioveniment  suffered  not  onlr  under 
the  vice  of  itrnorinfr  the  |>robable  neceasity  of  oooatitutional 
amendment  in  the  future,  as  is  shown  l*v  its  ailenee  on 
this  head.  crimbine«l  with  the  elaborate  pmrisions  for 
a  change  in  the  amount  <if  money  set  aaide  for  fixed  chargaa; 
but  alsu  und«*r  the  vice  uf  having  no  supfml  either  in 
traditional  lovaltv  or  in  national  sanction.  If.  howerer. 
we  pass  over  these  all  important  faulta,  and  discuss  it 
from  the  purely  constitutional  |M>int  of  view,  it  is  ia« 
|»o^ibl«  not  to  1n»  struck  with  the  ability  of  it«  framen^ 
•'ven  if  we  pronounce  their  work  to  lie  not  entirely  Mtia- 
fartury.  It  liears  the  stamp  of  an  intention  to  steer  a 
middle  rttursi*  between  the  i]t«i|»«»tism  of  a  'single  person* 
and  tilt*  d«n|M»tism  of  a  'single  Houae.*  Parliameat  had 
«iiprem<*  riffhts  of  le^sUtion.  and  the  Protectt>r  waa  not 
«>iil>  sworn  til  s<hniiii«ter  tli«*  law.  Iiut  every  illegal  ad 
Wi*iiM  r<ime  iM'fiirn  thfl*  court"!  of  law  for  condemnation. 
Psrliaiii«*ii1  tiKi.  hnil  the  right  of  di««p|'ri*ving  th«*  nomi- 
nstiMii^  t«i  the  |irifit-i|ial  ministerisl  «>ffirei^  and  of  voting 
innn**y  for  ri»fif|iictini{  o|H*nition^  in  tune  of  war.  Whi-re 
it  f«*ll  ^hort  ••{  ih«*  |kiiw#»rs  ttf  mr»*)em  Psriiameiits  was  in 


i653l  The  Instrument  of  Government  ivii 

its  inability  to  control  administrative  acts,  and  in  its  power- 
lessnees  to  refuse  supplies  for  the  carrying  on  of  the  govern- 
ment in  time  of  peace.  A  modem  Parliament  can  exercise 
these  powers  with  safety,  because  if  it  uses  them  foolishly 
a  government  can  dissolve  it  and  appeal  to  the  nation, 
whereas  Cromwell,  who  was  but  the  head  of  a  party  in 
the  minority,  and  whose  real  strength  rested  on  the  army, 
did  not  venture  to  appeal  to  the  nation  at  large,  or  even 
to  appeal  too  frequently  to  the  constituencies  who  were  to 
elect  his  Parliament. 

The  real  constitutional  safeguard  was  intended  to  be  in 
the  Council.  Ultimately,  after  the  death  of  the  Councillors 
named  in  the  Instrument,  the  Council  would  indirectly 
represent  the  Parliament,  as  no  one  would  have  a  place  on 
it  whose  name  had  not  been  one  of  six  presented  by  Parlia- 
ment In  the  Council,  the  Protector  would  be  in  much  the 
same  position  as  a  modeni  Prime  Minister  in  his  Cabinet, 
except  that  each  member  of  the  Council  held  his  position 
for  life,  whereas  a  modern  Prime  Minister  can  obtain  the 
resignation  of  any  member  of  the  Cabinet  with  whom  he  is 
in  strong  disagreement.  On  the  other  hand,  the  greater 
part  of  the  members  of  a  modem  Cabinet  are  heads  of 
executive  departments,  and  thus  have  a  cei-tain  independent 
position  of  their  own.  In  some  respects  indeed,  the  relations 
between  the  Protector  and  the  Council  were  more  like  those 
between  an  American  President  and  the  Senate  in  executive 
session,  than  those  between  an  English  Prime  Minister  and 
the  Cabinet.  The  members  of  the  American  Senate  are 
entirely  independent  of  the  President,  as  the  members  of  the 
Council  of  the  Protectorate  were  entirely  independent  of 
the  Protector  when  once  they  had  been  chosen.  On  the 
other  hand,  the  two  bodies  differed  in  a  most  important 
particular.  The  tendency  of  the  American  Senate,  which 
is  never  officially  brought  into  personal  contact  with  the 
President,  is  to  be  antagonistic  to  the  President.  The 
tendency  of  the  Council  of  State,  which  was  in  daily  contact 


Uiii 


tniroductiom 


tH4-S 


with   the   Protector,  wan  to  work  with    him    imt^Ml    of 
Agminst  him. 

Thi>  chief  pointii  in  which  the  PArlianientAry  eon«tittitionAl 
scheme  I  No.  loi.  \\  427)  JifTemi  frum  tht*  InstnimrDt  ol 
Iffuvernmenl  will  l»e  lnwt  aoeii  if  Kiven  in  a  tahuUted  form  :  — 


1     l'li«»iri«|A|i 
rill  C'uimriTt  • 


1    KLfCTtoy  or     Art.  3J.  Hj  Um  I*< 
A  ri  ri'ftt  i*Ro- 
rtitui. 


Cap.  y  Ft  iK«  Coauil. 
rie*;4  «k«tt  r^ri  ■■rat 
It  ■illinf.  A»l  tk^m  m 
l*aaUm«fti  My  tMak 
f.t. 


S    Ett'Tion  or 

C'OUSCIL. 


I   Tf^'Ator 
Orr.it 


I      KlfftV-v  L 


Art     15.      P»rlUm«il    to     Tap  jg     T»  (<«  p'^m 
Bi*ii.in«t«   Mit  «>f  wbicli  I'T    tk«    ProiKt-r, 

th«  C'«Hiaril  U  t"  cbtmM         Apftruvail  by  PImI 
ivii.  ,4  which  th«  l*r- 
Uctair  u  U)  rhfita>«r  ««• 


Art.  jt.      Kcfii.iVAlfU  ft>r 

bv  »  i'omin't- 
«il  M««a  HMOibrrt 
•if  ParliMMAi,  Ml  mrm- 
Kvr«  uf  th«  (''rttacil,  Mi«l 
tb«  11mik«1I««.  Ib  tb^ 
ittUrvali  nf  t'arliiwta 
mav  b*  •ucf^ttiUd  by  lb» 
4'.'j«ril  with  thr  c«'>Otrttl 
"f  ih#  Tr-tc^i.* 

Art  t;  IV  t#rtnr  awl 
I*  'Uftril  In  rmi*"  Mi-'U^b 
V>  tu(|<<t    lO.OCC  b'lrw 

A»«l    AO.OOO    UmH.    •»!    to 

!t*i»  ^i>o,o:o  ftnn   ally 

mmt  Kiiranrlinarv 

'■■*«-•     to     hp     |uii|     b« 
rbl  iif  rwli*u.«tit 


Cap  40     Nnt  Ut  raatia 
IB  i4lnr  a»i«« 
«Ut«  af^   tb« 
.>r  Pariiawttt.  aa 
pffovff«l  tj  |*arl 


Cap.  1^.  4^.     £490  3C-?  la 
ba  |iar«.aa«ftUy  atjif  t 
1^  tba  l'r«4aet«r  for  auli 
tonr  aad  saval  aip^^aa. 
iM30,ooo    t^    r^rpawt 

/7oo.oor    ft    T«ar    tU 


6.    PlACE      AND 

Wab. 


The  Parliamentary  Scheme 


Uz 


7.  Control 

TBI  A&MT. 


or 


8.  Rkltotous 
tolkbation. 


Instrument  of  Oovermnsnt. 

Art.  5.    To  be  decUred  by 
Ptotecior  and  CoodoU. 


Art.  4.  Protector  to  dis- 
pose of  the  Militia  and 
forces  daring  the  session 
of  Parliament  by  consent 
of  Parliament,  and,  when 
Parliament  is  not  sitting, 
to  dispose  of  the  Militia 
with  the  consent  of  the 
CounciL 


Art.  37.  Toleration  of  wor- 
fhip  to  be  giTen  to  all 
sncb  as  profess  faith  in 
God  by  Jesus  Christ,  if 
they  do  not  use  it  to  the 


Parliamentary  teheme. 

Cap.  53.  War  to  be  de- 
clared with  consent  of 
Parliament. 

Cap.  53.  Peace  with  con- 
sent of  Parliament  if 
sitting,  or  if  not,  with 
consent  of  Council,  with 
such  restrictions  as  may 
be  imposed  by  Parlia- 
ment. 

Cap.  45.  The  Present  Pro- 
tector to  dispose  of  the 
forces  during  the  session 
with  consent  of  Parlia- 
ment. 

Cap.  46.  When  Parliament 
is  not  in  session,  he  is  to 
dispose  of  the  standing 
forces  with  the  consent 
of  the  Council. 

Cap.  48.  Those  forces  are 
during  the  life  of  the 
present  Protector  to  be 
no  more  in  number  than 
shall  be  agreed  on  be- 
tween the  Protector  and 
the  Parliament. 

Cap.  47.  After  the  death 
of  the  present  Protector 
the  stuiding  forces  are 
to  be  at  the  disposal  of 
the  Council  till  Parlia- 
ment meets,  and  then  to 
be  disposed  of  as  Parlia- 
ment shall  think  fit. 

[N.B.  The  Militia  is  ex- 
pretsly  excluded  from 
these  forces  by  the  final 
proviso  of  the  Bill,  Cap. 
59.  See  Commonwealth 
and  Protectorate,  iii.  345. 

Cap.  43,  43.  Toleration  of 
worship  for  those  who  do 
not  use  it  to  civil  injury 
of  others,  or  the  dis- 
turbance of  the   public 


u 


luiroJiuh*»H 


i«Hi 


^.    l(n.iuiot*4 

TnlKRATI'tN 


iuilrmmemt  ••^i»i»r#f «■*«■/ 
•  -.vil  injury  <  f  •*tbM«»  biuI 

public  |«j-  •• :    IhiI    th-« 

lilt^V    !•    Ilti*    W    l«    rk 

l*r*-lA>  T,    ••'    |>r»ct'rv    t4 
iirvn'.t  •ii«t  ••■ 
Art    \h     \11  U«t  r*4itrarr 
!•>   thia    l:><»rt]r  *r«    Buil 
•fid  •  II I 


•hall   iMOjniv   Uv    «tl^ 
••It  %hm  P^.(M-;^e'■  ««« 
•'III  whkh  r«^trttia  iIab:- 
it«bl«  b*rr«  r«    \%  K»l  *r» 
•  UniMiUc  hirtwtitm,  ham- 
r^^.  ftr«   t<t   bt   t^K d 
•Ml  bv  Pr-4*<^"r  mmd  F^r 
liBUi#iit      B-IU  tfv  •!•• 

ih*  Pmurtnr't 
f  r  rMtmiaia^  m\ 

blMphrUi\.   i^prr^.  |«v* 
UC}.  lict*  U'  IMIll.    M^ 

yrfii%UfU*m  AUo  IhlU 
•fttiatt  ibuav  •Ko  puU 
lidj  matBUitt  aaytlUB^ 
c«jAtr»nr  !••  tk*  f.»-K 
»««Ul  pn»i-i|il«a  •■/  4ar. 
trinv*  pabU'lv  uiv49mmA 
WbAi  ih.««  «lartnft«i 
arv,  h'*vv««r,  M  V>  b« 
»4r««*l   »a  br  iK«   l*r«> 

It  win  n<<w  )^  ini<l*>p»t'> 'i1  i>n  what  i^ruuniN  CrDmw#ll 
ilistiilvt^l  till-  IImiim.  II«  iilijiM-t«Hl  «^|itf>riaHy  t*>  xh^  limiUUon 
•  >f  th«-  i^rrnnt  of  X'700.000  a  VMir  )i«*inK  t^rminAKU  in  i6^g. 
A4  takiiitf  niilitAn*  iinam*«.  ami  with  it  th»  cuntrol  of  ibm 
army,  'lut  of  th**  han*)^  «*f  thf  PrMtiM-ttir  Aft«<r  UiAt  datci 
Aft#r  tlii%  h«*  waa  uhlitf*^!  to  rarry  uti  Uie  K<iT^niin**nt 
withttiit  it.  «iiiii|ilyin^  hiin^lf  with  th«  nro^aary  fun«!«  lir 
th«>  vott>  «ff  thi>  (*otin<il.  acriiplinK  to  ArticU  2;  «»f  tb« 
ln*ttniin«'iil  t,i  (••i\friuiipiit.  S|i«*cial  fiiM^iiaMi  Ariain|{  fn*m 
th«*  ntN'-Hniiy  nf  <iii|i|ir*-%^iiiie  a  K'>yali%t  «*<iii«|'iiYrT  wrrr  ni»l 
)y  th«>  ir:i|Ni^i(:..|t  ••!  a  titlif  lifi  Kit\Ali«ta.  whirh  hati  no 
i'un^iiitiitiiiiial  viirti'-n  at   ull 

.\ii)i*n«;«t  th»-  triiijMiran  oplin.inc«^  i'**!!*^!  I.y  th*»  Vt**- 
(•-tor  )«f«>rv  th"  iiiittmff  **i  hi«  fir^r  Parhamt'nC  waa  un« 
fi>r  th*  iiiii<>n  III  Kiu*lan<l  .inii  Sxtlanil  tN<*.  i4«<.  pi  1  ill. 
fiill.'Wfi  ).\  jfcitli*  I  |k.riiian«ni  Orthnanri-  m  a^-oinlanop 
^ilh  Artii-lv  13  uf  thi'  In^triiin#nt  *»i  <ti>Vtfrniiif  m    for  th« 


»^]  The  Humble  Petition  and  Advice  bd 

distribution  of  seats  in  Scotland.  In  accordance  with  the 
same  article,  another  Ordinance  was  issued  for  the  dis- 
tribution of  seats  in  Ireland  (No.  loo,  p.  425).  Irish  elec- 
tions, however,  were  only  a  matter  of  interest  to  the 
English  and  Scottish  colony,  as  aU  Roman  Catholics  and 
all  persons  who  had  supported  the  late  Rebellion  were 
permanently  excluded  from  voting. 

In  1656,  the  Protector  called  a  second  Parliament.  By 
excluding  from  it  about  a  hundred  members  whom  he 
judged  to  be  hostile  to  his  government,  he  found  himself 
on  amicable  terms  with  the  new  assembly.  It  presented 
to  him  a  Humble  Petition  and  Advice,  asking  that  certain 
changes  of  the  Constitution  might  be  agreed  to  by  mutual 
consent,  and  that  he  should  assume  the  title  of  King.  This 
title  he  rejected,  and  the  Humble  Petition  and  Advice  was 
passed  in  an  amended  form  on  May  25, 1657  (No.  102,  p.  427), 
and  at  once  received  the  assent  of  the  Protector.  On 
June  26,  it  was  modified  in  some  details  by  the  Additional 
Petition  and  Advice  (No.  103,  p.  459).  Taking  the  two 
together,  the  result  was  to  enlarge  the  power  of  Parliament 
and  to  diminish  that  of  the  Council.  The  Protector,  in 
return,  received  the  right  of  appointing  his  successor,  and 
to  name  the  life-members  of  '  the  other  House,'  which  was 
now  to  take  the  place  of  the  House  of  Lords. 

The  Parliament  gained  the  control  over  its  own  elections, 
and  security  that  its  members  should  not  be  arbitrarily 
excluded.  For  the  complicated  scheme  of  nomination  to 
the  Council,  which  was  now  to  be  called  by  the  old  name 
of  the  Privy  Council,  was  to  be  substituted  nomination 
by  the  Protector,  with  the  consent  of  the  Council,  and 
the  subsequent  eonsent  of  Parliament  The  members  were 
only  to  be  removable  with  the  consent  of  Parliament 
The  principle  of  a  permanent  revenue  sufficient  to  support 
the  government  in  times  of  peace  was  accepted,  but  the 
mode  in  which  it  was  to  be  raised  was  to  be  settled  by 
Parliament  and  not  by  the  Council. 


Izii  Iniroduchon  \ 

In  the  niAtUr  of  n*lif;ious  lih^rty.  th#  if^n^nX  \mm  €4 
the  Inttrumtiit  df  (tovernjn«*nt  were  followed :  hot  OMtAia 
opinions  were  name^l  which  must  he  held  hy  wil  whoee 
womhip  wan  to  >>«•  tolfrated  1$  i  lU 

In  Ac-cordann*  with  the  Petition  and  Adriee  (Na  lOf.  f  5. 
p.  4521,  the  Protector  summoned  certain  |>er»ooe  to  eat  io 
the  other  Hous«*  iNu.  10^  |i.  463k.  A  quarrel  belweea 
the  two  Houses  broke  out,  tmten^ihly  oo  pointa  uf  form,  bat 
in  reality  «in  a  far  deeper  matter.  The  Humble  Petitioo  and 
Advice  liad  not  only  ^ivfn  the  Protector  the  ri^ht  of  namiof 
the  ni«*ni)»f  rs  of  the  oth«*r  Huu*ie.  hut  had  also  declared  thai 
no  future  mem)M*rs  nominated  by  himself  ur  by  any  future 
Protector  should  be  allowed  to  take  their  seata  without  the 
ronM*nt  of  thf  Houm*  I  No.  102,  S  r>*  V-  45'^  The  reeull 
Would  )*e  that,  as  <Uiver  had  nominated  Puritana  only,  do 
|)«*rsons  suft|>frttHl  of  Iteing  up|K>sed  to  Puritanism  would  be 
allow«Ml  to  take  thi-ir  seats,  and  that  consequently  a  Purttaa 
l*arrier  would  be  op|M«ie<l  to  all  anti-Puritan  lefpslatioo  by 
the  representative  House.  Any  attempt  to  weaken  this 
barrier  whioh  had  taken  the  place  of  the  artidea  dedarsd 
in  the  Instrument  to  !>«  unalt4«nible  by  Parliament  roused 
Oliv.-r'ft  d«*«*|>eiit  indignation,  and  without  delay  he  diseolved 
the  Parliament  in  anger  in  165N.  After  a  fieriod  of  disorder 
t<>lI"WinK  0]i\*<r*8  death  in  the  ^snie  year.  Charl««  II  was 
reetiire«l  to  th<»  Crown.  Ii«'fore  he  arrived  he  iaaued  from 
Hoila  a  iKvUratmu  of  the  principles  «>n  which  be  intended 
to  goYrrn  iNo.  105.  p.  46.'l.  Thuee  prin<-i pies  were  set  forth 
in  four  arti«l««:— 1.  There  waa  to  Iw  a  Ketieral  aniii— >y. 
••x<«pt  so  far  as  Parlianifnt  mik'ht  eicepi  certain  i^fBooa^ 
•*.  There  wa**  to  I-**  a  liberty  f<>r  t«<ndrr  c«>n»cieocee  accoidinit 
to  fkuch  laiKH  as  Parlianifnt  aliould  propoei*.  3.  There  waa 
to  lie  serunty  ffiv«*n  for  pro|>erty  acquinnJ  durinir  the  late 
troublouH  tiine^.  in  %uch  a  way  as  Parliament  might  de- 
terniitie.  4.  Kinally.  full  arrt^m  were  to  be  paid  le  the 
soblifr*  arrordiMtf  to  an  Art  of  Parliament, 

The  Uo^vruuurut  of  the  lUatoration  accepted  aa  lie  Isfal 


i«o]  The  Declaration  of  Breda  ixiii 

basis  the  Acts  passed  by  Charles  I  up  to  the  end  of 
August,  1 64 1.  Its  principle  however  is  to  be  found  in 
the  answer  suggested  to  the  King  by  the  Parliamentary 
Presbyterians  on  January  29, 1647  (No.  69,  p.  309).  It  was 
the  policy  of  trusting  to  free  discussion  and  the  pressure 
of  national  opinion  expressed  in  Parliament  to  decide  dis- 
puted questions  which  then  got  the  upper  hand,  so  far 
as  the  Parliamentary  Presbyterians  were  concerned,  over 
the  policy  of  imposing  fixed  conditions  on  the  exercise 
of  the  Royal  power.  Such  a  policy  necessarily  brought  the 
Cavaliers  and  the  Parliamentary  Presbyterians  together, 
and  it  was  to  this  union  of  the  Cavaliers  and  the  Parlia- 
mentary Presb3rterians  that  the  Bestoration  was  due.  The 
Cavaliers  obtained  the  restoration  of  Monarchy  and  Episco- 
pacy with  the  Book  of  Common  Prayer.  The  Parliamentary 
Presbyterians  obtained  the  dependence  of  the  King  and 
Bishops  on  Parliamentary  action.  Charles  II  was  not  what 
Charles  I  had  been,  nor  were  Juxon  and  Sheldon  what  Laud 
had  been. 

Charles  II  dated  the  Declaration  of  Breda  in  the  twelfth 
year  of  his  reign.  In  this  there  was,  no  doubt,  much  of 
the  usual  pretensions  of  dethroned  Kings  to  regard  all  that 
passes  in  their  absence  as  having  no  existence  which  demands 
recognition.  Tet  it  was  not  with  Charles  II  as  it  was  with 
Louis  XVllI,  in  the  days  of  the  Directory,  the  Consulate, 
and  the  Empire.  Very  few  in  France  thought  in  those  times 
that  Louis  XVUI  ought  to  reign ;  whereas  there  is  every 
reason  to  believe  that  the  majority  of  political  Englishmen 
during  the  Commonwealth  and  Protectorate  thought  that 
Charles  II  ought  to  be  their  King. 

If  then  the  Bestoration  was  founded  on  the  abandonment 
of  the  principles  which  were  to  be  found  alike  in  the  Grand 
Bemonstrance  and  in  the  Heads  of  the  Proposals,  are  we 
to  say,  as  has  been  said,  that  the  whole  Civil  War  was 
a  mistake,  and  that  the  nation  ought  to  have  been  guided 
in  the  autumn  of  1641  by  Hyde  and  Falkland,  as  it  was  to 


Ixiv  IntroduchOH  [i 

th«*ir  |>rifiriplf«i  ihnt  the  Pre«»hytfruiii%  rrturiiMl  in  164;. 
and  the  wh«*lt»  nation  «*xc«»|)t  a  imall  minority  rMuroMl  in 
1660?  If  ruuititutiiinal  forms  w^rp  •T«>rytking.  it  wuuM 
hAnlly  lie  iMisitiliU*  t«i  AToid  this  runrliiiinn.  As  a  mAtt«r  of 
fact,  how^vf^r,  ^r^^X  at  is  th<»  iniiiurtancv  of  cvnatatutioiiAl 
fomta.  the  f  harnrter  of  the  ^iX^rnot  and  the  guTMnad  is  of 
fAr  greater  importani-e.  The  Action  of  the  Li»ng  Parliamenl 
up  t<i  Auipifit,  1A41.  effected  neceaaary  chmngaa  in  tha  C<4i- 
stitution,  hut  could  n<»t  eflfect  a  cliange  in  the  character 
nf  Charka  I.  IIi*nce  to  the  daniand  for  the  alt«ration  M 
the  Constitution  was  added,  in  additiiUi  to  a  call  for  eccli^ 
siaatical  chanfffs^  a  ilfmand  leaa  uniTeraallj  felt,  bat  fait  by 
m««n  t»f  stiffi«-i<-nt  ahility  and  strength  of  will  to  giira  e0Mi 
to  their  reaolutiona*  that  Charlea  I  muat  cither  bend  or 
break,  it  was  this  fiart  of  tha  Revolution  which  was  not 
acc<»mpliahed  till  the  depoaition  of  Charlea  I.  which  iib- 
happily  t4K»k  thf  form  of  his  execution.  After  that  theio 
waa  nothing  more  to  ba  done  which  could  poaaibly  have 
any  pernuinent  effect.  Commonwealth  and  Prulactorala 
were  alike  the  creation  of  the  army:  and  ftiffco.  whilat  it  is 
sbU  to  remove  oLatarlea  fruai  tha  natural  davalopment  ol 
A  niitioii.  im  powerl**^  permanently  to  block  the  way  against 
it.  The  army  nsild  take  rara  that  a  man  like  Chaiiaa  I 
*Jiould  not  rul»*  Lnvland,  but  the  Agrsemant  of  the  Penplic 
the  Inst ni men t  of  itciTemment.  and  tha  Humble  Pi*titio« 
and  Advice  were  but  aca<iemical  atudi*^  intanating  aa 
anticipating  in  many  respects  the  constitutional  and  politieal 
devf  lupnient  of  FInffland  and  of  thi*  United  Stataa  of  Amanca. 
but  utterly  incapable  of  rnnimrnding  themaalvaa  to  the 
convientv  of  I  ••iitfni|«>rarieab 


PART  I 

FROM    THE    ACCESSION    OF    CHARLES    I    TO    THE 
MEETING    OF    THE    THIRD    PARLIAMENT 

OF    HIS    REIGN. 


1.  Speech  of  Sib  Nathaniel  Rich,  pboposiko  tsbhs  on 
which  tbs  hou8s  of  common8  liat  bb  pbbpabbd  to 
OBANT  Supply. 

[Aug.  6,  1635.    DebfttM  in  the  Hoote  of  Commoiu  in  1635  (CMndoi 
Soo.;,  Appendix,  p.  139.    See  HUL  of  Engl.  v.  414.] 

Some  moved  to  give,  and  give  presently,  and  some  would  not 
give  at  all,  and  some  would  give  9uh  modo ;  and  a  fourth,  to 
which  he  inolineth,  is : 

(i)  That  we  should  first  move  the  King  for  his  answer  to  our 
petition  \  for  we  can  have  no  hope  of  a  blessing  so  long  as  the 
execrable  thing  remaineth  amongst  us,  and  to  have  His  Majesty's 
answer  in  Parliament,  and  afber  a  parliamentary  way. 

(a)  And  there  is  a  necessity  that  His  Majesty  should  declare 
the  enemy  to  g^ve  us  satisfaction,  and  every  one  may  contribute 
his  reasons,  which  may  do  much  good ;  but  the  proper  design 
no  man  holdeth  fit  should  be  disclosed  to  us. 

(3)  And  he  wisheth  that  when  His  Majesty  doth  make  a  war, 
it  may  be  debated  and  advised  by  his  grave  (Council. 

(4)  And  there  is  a  necessity  to  look  into  the  King  s  estate, 
how  it  may  subsist  of  itself,  which  is  an  old  parliamentary 
coarse,  and  hath  always  been  used  when  as  any  great  aid  hath 
been  required  of  the  Commons. 

^  Oa  religion. 


J  CoHsMuHonal  Doeumnis  \%%&^ 

(.')  Anil  alto  to  cniTr  Hit  Majettv't  answer  to  the  iiu|o«- 
titmn  ;  nnii.  ns  for  that  i<hj*rtion  tbat  the  tine  is  not  now  fitttnf, 
and  tha*  it  will  nH|uirf  a  Kinirer  time  tlian  we  maj  ait  here,  \m 
tliinlcrth  not  u.\  ft>r  a  rommittt'e  niiyht  lie  namMl  to  diirett  into 
headi,  which  mi^ht  )»e  preteuted  unto  II ii  Majratr,  and  at  thia 
time  to  capitulate  with  the  Kin^,  lieiD{('  that  never  Itad  the 
■ubject  m(ire  cause  to  do  it  than  we  haTe  now. 

And  it  this  without  prc<«dent1  No,  and  that  in  the  beet 
time,  eren  uf  that  nooit  renuwned  Kinir.  Edward  III;  for  he 
preieudinK  tu  make  a  war,  as  now  our  Kiu|f  d^th,  he  did  dceire 
Aubnidird  from  hii  Au)>j<^ts,  and  thejr,  lie  fore  thev  would  grant  it, 
did  rapituUte  with  him,  and  j»u  ehall  find  hj  the  very  Act 
itaelfi  whirh  wai  in  the  tweuty-neinnd  Tear  of  hii  n-ifrn.  thnt 
thej  did  irrant  him  a  lulwidv.  and  hut  one;  and  that  opon 
fonditiim,  t<io.  that  if  he  di!  ni>t  ffn  on  with  his  war.  the  prmnt 
fihiiuld  <'ea»c,  and  the  same  not  to  \w  IrTi«sl. 

2     rROTK-iTATloN    OF    Till    (\iMl|«iSS 

Ait^   IJ,  i6l«.      IMmim  in  th«  ll-tuM  itf  (*«iatt»<r  ■  ir.  |S|«  (f'l 
't*. ',  |,   lie      Smm  U\»i.  of  Frn^l   \    431. 


We,  the  kni;;litH.  c-iii/rn«  and  hurffefses  of  the  CV 
Houso  of  rarliAineiit.  Umii^  the  repreeentative  hudr  of  tW 
wlmlr  < 'iimniDii^  of  thi«  lealm.  shundantlj  ciimfurted  in  Uia 
Msjefty'i  late  ^mcinut  aiiswrr  to  u-hint;  1  elision,  nod  hu 
iiic^ML'r  f*'r  thr  rare  nf  «iur  h«-Althi,  du  sulrmulj  pruleal  and 
%uw  liefore  <ftid  and  th^  worlii.  with  i>ne  heart  and  Tuiee.  thai 
wr  are  all  rpi^dvrd  and  du  h*  rrhy  t!«vlare  that  we  will  ever 
continur  m-'ol  li>yal  and  nlie«lieut  »ul»jert*  t«i  vur  m**«i  frsciooa 
sovereikMi  I.<'nl  Kintf  riisrlrn :  and  that  we  will  lie  mdy  in 
a  coDTrnient  tmi«-  simI  iti  a  |«rliamentary  waj  freelj  and  data- 
fullr  to  do  our  utmost  eoileavoun  to  disri»ver  and  reform  tbe 
siKises  and  |fri*'Vi*nrr«  nf  thr  rsalm  and  itate.  and  in  like  soft 
to  affoni  sli  ne«-«i<i«an  supply  to  his  most  eiccllent  Molest j 
uptn  hi*  pre«*  nt  an  I  all  "fher  hii  just  •<«^asioaa  and  designs, 
HMnt  huml  1%  l«««H-  hi:.g  ..iir  ever  drar  and  dread  aovereign  in 
hi«  prini-el}  wi«dnm  biiI  if  «aln^«  to  ie«t  aM^red  uf  the  tme 
si.d  h^sr*  t  s^*    '■•':  «  ••!   hii  |*ji>r  i*onim<ins  S!id  to  eeteeoi  the 


i6a6]     Impeachment  of  the  Duke  of  Buckingham      3 

•ame  (as  we  conceive  it  indeed)  the  greatest  worldly  reputation 
and  security  a  just  King  can  have,  and  to  account  all  such  as 
slanderers  of  the  people's  affections  and  enemies  to  the  Common- 
wealth, that  shall  dare  to  say  the  contrary. 


3.  Documents  belatiko  to  the  Iiipeachment  of  the 

Duke  of  Buckingham. 

A.  The  King^s  reply  to  the  Address  of  the  House  of  Commons, 

[March  15,  i6a6.    Brit.  Mus.  Add.  MSS.,  23,474,  fol.  19.    See  Eia. 

of  Engl,  v\.  78.] 

Mr.  Speaker :  Here  is  much  time  spent  in  inquiring  after 
grieyances.  I  would  have  that  last,  and  more  time  bestowed  in 
preventing  and  redressing  them.  I  thank  you  all  for  your  kind 
offer  of  supply  in  general,  but  I  desire  you  to  descend  to 
particulars  and  consider  of  your  time  and  measure,  for  it 
concemeth  yourselves  who  are  like  first  to  feel  it  if  it  be 
too  short. 

But  some  there  are— -I  will  not  say  all — that  do  make  inquiry 
into  the  proceeding,  not  of  any  ordinary  sei-vant,  but  of  one 
that  is  most  near  unto  me.  It  hath  been  said,  *  What  shall  be 
done  to  the  man  whom  the  King  delighteth  to  honour  T  But 
now  it  is  the  labour  of  some  to  seek  what  may  be  done  against 
the  man  whom  the  King  thinks  fit  to  be  honoured. 

In  a  former  time,  when  he  was  the  instrument  to  break  the 
treaties  ^,  you  held  him  worthy  of  all  that  was  conferred  upon 
him  by  my  father.  Since  that  time  he  hath  done  nothing  but 
in  prosecution  of  what  was  then  resolved  on ;  and  hath  engaged 
himself,  his  friends,  and  his  estate  for  my  service,  and  hath 
done  his  uttermost  to  set  it  forwards;  and  yet  you  question 
him.  And  for  some  particulars  wherewith  he  hath  been 
pressed,  however  he  hath  made  his  answer,  certain  it  is  that 
I  did  command  him  to  do  what  he  hath  done  therein.  I  would 
not  have  the  House  to  question  my  servants,  much  less  one  that 
is  so  near  me.  And  therefore  I  hope  to  find  justice  at  your 
hands  to  punish  such  as  shall  offend  in  that  kind. 

'  Le.  the  negotaatioat  with  Spain,  la  1634. 

B  a 


4  ConshtutioiUii  DacurngMist 

n.  Spfi^hfi  of  tk^  Kin  J  ami  tk^  FAmi  Keeper. 
.  Manrh  jy,  i6j6.     Ruali««4tk.  i.  jji  Mq.     Sm  Hitl  ^  iUfi.  vi.  If.? 

Hit  MAJeitj  li^i^iDt: 

Mj  Ijordu  and  C}«*ntlf tiiMi :  I  luiTe  called  joa  hither  IimIaj. 
I  mean  Wh  Ilouaea  of  Farliamnit.  hut  it  ia  for  ■eTeral  aad 
•listinct  rrajionii  .  .  .  And  you,  Oeotlrmcn  of  tba  Houm  of  Coot- 
raoDS  ...  I  iiiu*t  trll  you  th-it  I  am  come  here  to  ahowroa  fout 
erroni  aod.  ai  I  maj  term  them,  unjiarliiimeotary  procredin);i  ia 
tills  Parliameiit     .  . 

[The  lionl  Keeper]  .  .  .  Fint  Hif  Majettj  woald  hart  to«  to 
unilerfltaiid.  Tliat  there  wa«i  nrTer  anj  King  more  lovinf  to  hi* 
p^)|»le.  or  lietter  affect  it  •ne«l  to  the  right  ate  of  Parliamrsta.  tbaa 
His  Majesty  liath  a{>pr<i\e<l  )iini>-rlf  tf>  he,  nut  only  hj  hu  long 
|iatieDce  since  the  sitting;  down  c»f  this  Parliament .  hot  by  thoae 
mild  and  calm  directioiis  which  from  time  to  time  that  Iloosa 
hath  recriveii  hy  nirsaagc  and  letter,  *.nd  fn*m  his  royal  Mouth; 
\%hen  the  im-cular  humours  of  some  |>articiilar  prraona  wiuughl 
•liver Bi«>i.ii  and  «liitractiiins  therr,  to  thf  disturhanee  of  thaw 
irreat  and  weighty  affairs,  which  the  ntcessity  of  the  tiinea,  tk* 
honour  and  ^affty  of  the  King  and  Kingilom.  called  opoa. 
An<l  th«*rrfi.re  His  Majesty  iloth  assure  you.  thst  wheo  tbcae 
i;riAt  ufT.iirs  are  s«-ttlr«l.  and  th«t  Hi«  Majesty  hath  received 
nati-'fiit  tii'U  t*(  hm  n'axit.al'le  dtrmands.  he  will  as  a  just  Kiag 
hear  and  sn«iwer  %«ur  just  irrievanoe*.  which  in  a  dutiful  way 
«hA!l  U<  |>!r*riit«*  1  unto  hini ;  and  thi*  His  Majesty  dcth  avow. 

Next  Hi«  Msjrnty  woulii  hiive  yi^u  ku'>w  of  •  surety,  That  m 
ni<Ter  aiiv  King  waji  morr  I- 'Ting  to  his  people,  nor  heCier  al- 
fectinned  In  till-  ri^'ht  ii»e  i-f  rarlismentii ;  ao  never  Ktaf  Mere 
jt-aliius  «'f  his  hi'iMir.  nor  nioir  ^enftihle  of  the  uetflect  aod  €««• 
tempt  of  hi«  rM\«l  ritfht*  wlnrh  Hit  Majeaty  will  by  no 
•utlff  to  )4»  %!•  Ute-1  l»\  «ii\  prrtendetl  r-ilour  nf  parlii 
lilirrt}  .  wi.eii  in  Hi«  M;ijr«ty  il'>th  n<'t  furgvt  that  the  Parliament 
is  hit  oHiucil,  anil  ther«'t<irr  «>Uk'ht  t"  hare  thr  lilirrty  of  a  coancil; 
Imt  Hi«  Maj«sty  un>lrr*taii<U  tlie  ilitTerrm^  lietwist  council  aad 
coiktrolliiig.  mmI  lietve^ii  liliertv  and  the  almse  of  Iibertv.  Coa* 
cernii'tr  0>e  I>uke  i»(  )Ui(*kintfham.  His  Majeaty  hath  coaatanded 
me  to  ifi\  you,  Tluit  himtelt  dt»th  knt>w  letter  than  any  nuA 
living   the    sincerity  of   the    I>uke's    proceediaga ;    with   what 


i6a6]     Impeachment  of  the  Duke  of  Buckingham      5 

cauiiona  of  weight  and  discretiou  be  hath  been  guided  in  his 
public  employments  from  His  Majesty  and  his  blessed  father ; 
what  enemies  he  hath  procured  at  home  and  abroad ;  what  peril 
of  his  person  and  hazard  of  his  estate  he  ran  into  for  the  service 
of  His  Majesty,  and  his  ever  blessed  father ;  and  how  forward 
he  hath  been  in  the  service  of  this  house  many  times  since  his 
return  from  Spain :  and  therefore  His  Majesty  cannot  believe 
that  the  aim  is  at  the  Duke  of  Buckingham,  but  findeth  that 
these  proceedings  do  directly  wound  the  honour  and  judgment 
of  himself  and  of  his  father.  It  is  therefore  His  Majesty's 
express  and  final  commandment.  That  you  yield  obedience  unto 
those  directions  which  you  have  formerly  received,  and  cease 
this  unparliamentary  inquisition,  and  commit  unto  His  Majesty's 
care,  and  wisdom,  and  justice,  the  future  reformation  of  these 
things  which  you  suppose  to  be  otherwise  than  they  should  be. 
And  His  Majesty  is  resolved,  that  before  the  end  of  this  session, 
he  wiU  set  such  a  course  both  for  the  amending  of  anything 
that  may  be  found  amiss,  and  for  the  settling  of  his  own  estate, 
as  be  doubteth  not  but  will  give  you  ample  satisfaction  and 
comforts. 

Next  to  this  His  Majesty  takes  notice,  That  you  have  suffered 
the  greatest  council  of  State  to  be  censured  and  traduced  in 
this  house,  by  men  whose  years  and  education  cannot  attain  to 
that  depth :  That  foreign  businesses  have  been  entertained  in 
this  house,  to  the  hindrance  and  disadvantage  of  His  Majesty's 
n^y^ociations :  That  the  same  year,  yea  the  fii'st  day  of  His 
Majesty's  inauguration,  you  suffered  his  council,  government 
and  servants  to  be  paralleled  with  the  times  of  most  exception : 
That  your  committees  have  presumed  to  examine  the  letters  of 
Secretaries  of  State,  nay  his  own,  and  sent  a  general  warrant 
to  his  Signet  Office  not  only  to  produce  and  shew  the  records, 
but  their  books  and  private  notes  made  for  His  Majesty's  sei-vice. 
This  £Us  Majesty  holds  as  unsufferable,  as  it  was  in  former 
times  unusual. 

Then  His  Majesty  spake  again : — 

I  must  withall  put  you  in  mind  a  little  of  times  past ;  you 
may  remember,  that  in  the  time  of  my  blessed  father,  you  did 
with  your  council  and  persuasion  persuade  both  my  father  and 
me  to  break  off  the  treaties.     I  confess  I  was  your  instrument 


6  Comshtutional  Documemis 

for  two  re»«oiit;  «*ue  «a«,  Um  titnetf  of  Uir  time;  tbc  otlicr 
bccaOM  I  WAfl  irouiM]e<l  by  ■■»  frrrat  ami  worthy  m  body,  as  tkt 
whoU  body  of  Parliftmeitt ;  thru  thrir  wu  nubudy  ia  «>  icmt 
fftvoar  with  vi-u  at  thii  niAU  whun  vou  •rem  now  lo  tooch,  b«t 
indeetl,  my  futhrr'ii  goTenimrnt  and  min^.  Now  that  yoo  havt 
all  thincri  according  to  your  wi»hi't,  and  that  I  atn  au  Car  engaged, 
that  you  think  thrrr  ia  no  rctrvat ;  now  you  l»efrin  to  art  tW 
dic«,  and  nuke  your  own  minie ;  Imt  1  pray  ynu  be  not  dexriTed. 
it  11  not  a  parlianentar>'  way.  uor  ii  it  a  way  to  deal  with 
a  King. 

Mr.  Cook  tctld  you.  It  was  Ijrtter  to  tie  eat rn  up  by  a  tortiffs 
enemr,  th.m  to  be  dettn»Te<I  at  h<>mr;  Indeed.  I  think  it  more 
hontfor  fur  a  Kinfr  to  Ix*  invaded,  and  alirn  tt  dettn^yed  l*y 
a  foreign  enemy,  th.m  to  be  ile^pifted  Inr  hi«  own  tubjecta. 

Kr member  ttiat  Parliameiita  are  altofretlier  in  my  power  i<m 
thair  calling,  sitting  and  diaaolution:  tlirrvfura  aa  I  find  tht 
fruitt  uf  thcMn  frond  or  evil,  they  are  to  continue  or  not  to  be; 
And  remember,  that  if  in  thifi  time,  iutiead  of  mending  yov 
•rron,  by  delay  yoo  prrttat  in  your  crron,  you  nuke  them 
greater  ami  irreo-ncileablr  Whereaji  on  the  othrr  tide,  if 
you  go  on  cheerfully  to  n.eiid  theiu.  and  Io«jk  to  the  diairraMd 
•tate  of  ('briatendum,  and  the  alfaira  of  the  Kingdom  aa  it 
lycth  nuw  by  thi*  ffreat  engair^ment ;  }ou  will  do  yountlTVi 
honour.  \uu  ahall  encourace  nir  to  ffo  on  with  I'arliameuU;  and 
I  hope  all  ('Kri»t«*nil<»ni  »h.tll  Ir<-1  tlia  good  of  it. 

('.      iUmn  tttranrt  t.f  th*  liouu  of  Commt/ns 

;  April  I.  I'  j'»      K  th «••.".]..  i.  i^\  mi)      s^  //if  •/  /."•-.•I   it  j    «*  ■  [ 

lli>»t<fiaciim«  >N>veiei^n...<  'uUiriningxt'Ur  Majesty's  trrvar. t a 
•nd.  i:anif'.y,  thr  Pi.kr  «  t  HuiktUrfham.  wr  humbly  beseech  y«/ur 
M^eity  to  \h'  iuf-  rni- it  l<y  u»  y<'ur  fnitl.tul  <  '««mmona  .  .  that  it 
hath  Uen  thr  :kni  in.i,  tA>t.»tant  an«l  ui.d«  ubtml  ri^ht  ai.d  u^age 
•  f  rarli«niri.t*.  ti»  <|Ur»t:<>n  ai.tl  ii'mpJAin  i*f  all  |)er9uiia.  of  what 
•Irgff^  f"^\*:.  f  Mi.il  kM:fT<  ti«  t«»  thr  c  mmi«n Wraith,  in  almaing 
the  piwrr  AI..1  trii*t  i-rnriiitt'd  t<»  tKem  by  thrir  anverrign  .  . 
mith-'U!  «t.irrt  lit^ity  in  I'url.anirnt  n«>  pnrate  nian.  !.•'  atf^ant 
t>>  a  Ki.^*,  ]«ih.«|'»  !.••  (lui.iill'i.  Hitl.t'Ut  •  i|«'*ii.f:  h.iuacif  tA 


'  1  .-•    «'.«  th*r«  ^«rn  •  f  Apru  4  it  .bv* 


rr«rt 


i696]     Impeachment  of  the  Duke  of  Buckingham      7 

the  hazard  of  great  enmity  and  prejudice,  can  be  a  means  to 
call  great  officers  into  question  for  their  misdemeanours,  but 
the  commonwealth  might  languish  under  their  pressures  without 
redress :  and  whatsoerer  we  shall  do  accordingly  in  this  Parlia- 
ment, we  doubt  not  but  it  shall  redound  to  the  honour  of  the 
Crown,  and  welfare  of  your  subjects  .  .  • 


D.    The  dmrnumi  DeelarcUion  and  Impeachment  against  the 

Duke  of  Buckingham, 

[PraMBied  to  the  Home  of  Lordi,  May  lo,  i6a6.    Lords*  Journals, 
iii.  619.    8«e  EiH.  of  Engl  ti.  9S-107.] 

For  the  speedy  redress  of  great  evils  and  mischiefs,  and  of 
the  chief  of  these  evils  and  mischiefs,  which  this  kingdom 
of  England  now  grievously  sufifereth ;  and  of  late  years  hath 
suffered,  and  to  the  honour  and  safety  of  our  Sovereign  Lord 
the  King,  and  of  his  crown  and  dignity,  and  to  the  good  and 
welfare  of  his  people ;  the  Commons  in  this  present  Parliameut, 
by  the  authority  of  our  said  Sovereign  Lord  the  King  assembled, 
do,  by  this  their  bill,  shew  and  declare  against  Qeorge,  Duke, 
Marquis  and  Earl  of  Buckingham,  Earl  of  Coventry,  Viscount 
Villiers,  Baron  of  Whaddon,  Great  Admiral  of  the  kingdoms  of 
England  and  Ireland,  and  of  the  principality  of  Wales  and  of 
the  dominions  and  islands  of  the  same,  of  the  town  of  Calais 
and  of  the  marches  of  the  same,  and  of  Normandy,  Gascony, 
and  Guienne,  General  Governor  of  the  seas  and  ships  of  the 
said  Kingdoms,  Lieutenant  General,  Admiral,  Captain  General 
and  Governor  of  His  Majesty's  Eoyal  Fleet  and  Army,  lately  set 
forth,  Master  of  the  Horse  of  our  Sovereign  Lord  the  King, 
Lord  Warden,  Chancellor,  and  Admiral  of  the  Cinque  Ports 
and  of  the  members  thereof.  Constable  of  Dover  Castle,  Justice 
in  Eyre  of  all  the  forests  and  chases  on  this  side  of  the  river  of 
Trent,  Constable  of  the  Castle  of  Windsor,  Gentleman  of  His 
Majesty's  Bedchamber,  one  of  His  Majesty's  most  Honourable 
Privy  Council  in  his  realms  both  in  England,  Scotland  and 
Ireland,  and  Knight  of  the  most  Honourable  Order  of  the 
Garter ;  the  nisdemf  anours,  misprisions,  offences,  crimes,  and 
other  matters,  comprised  in  the  articles  hereafter  following; 


8  ConsHtutioftal  DocumMts  [i4^ 

and  him  tite  ui<l  Diikr  do  arcute  fttid  impcftch  of  tli«  aaid 
miideiuraiiourc.  mi^priBioim,  ofTencvt  mud  crini««. 

J.  Fii>t.  that  wlirrMii  the  frnrat  offices  cxprewcd  in  tli«  tmkd 
Ihike't  Btyle  aikI  title  have  lietn  the  tini^Ur  prriermeuta  of 
MTcrml  |MTt4->ut  euiinont  in  wiwiotn  and  tnmt.  and  fullj  aIjU 
for  the  wettrhty  flrniie  and  ^reiteit  emplnrment  of  the  State, 
whcrebT  the  laid  i-fiicrt  w^re  buth  rarefullj  and  aufficimtlj 
•xectited,  hy  aiveial  |4'rion*>  of  »uch  wiKiom,  tniftt,  and  abilitj; 
and  otheiB  alto  thai  were  employed  hy  the  ro}al  progMiitart  of 
our  SoTereif^n  L/'hI  the  King,  in  placet  of  leM  difrnitj,  wert 
much  encouraged  with  the  h(  \^%  of  a^Ivanreirent ;  and  wbereaa 
diTert  of  th«*  Mitl  placrt.  leverally  of  themaelfet,  and  ncecMarily, 
require  the  »ht>U  care,  industry,  and  attendance  of  a  inott  able 
perton;  he  the  Mid  Duke,  being  jouug  and  inexpeiiencetl.  hatk 
of  late  yran.  with  esorbitant  ambition  and  for  hia  own  profit 
and  iidvaiitafre.  prnruretl  and  en|(rii«Md  into  hit  own  banda  the 
«aid  teTcral  nffiri  *i  loth  to  the  danger  of  the  State,  the  prejudice 
of  that  ter^ici*  wiiich  »hou!d  hare  br^n  |terf«irmerl  in  tlMUi.  ^tA 
to  the  gnat  diramrafrtm^nt  of  othera.  that,  by  thit  pftcunng 
and  engrut»ing  of  the  naid  officea.  are  prrcludeti  from  luch  h<>|#f« 
M  thrir  Tirtuct.  abihtiea  and  public  emi'loytrentf  mi^*ht  uth«r- 
wite  haTe  ^'iven  ti.em. 

3.  "U* hi- real  by  the  lawp  aLd  it'itute*  of  thii  kingdom  of 
England,  if  %u\  |*rr%<  n  whatroevrr  gire  or  pay  any  mm  of 
monev.  lev  <.r  rewaril.  liirectlr  or  mdirrctlv,  ftir  max  office  or 
«>ffice«.  mliirh  in  i&nv  wi«e  ttu.  h  or  concern  the  admiiiittratiua 
of  justice,  ur  the  k«r|'ir.g  cf  .iii\  (»f  the  King'«  M^jetty't  towua, 
furtretftca.or  ca*t!<*».  leni:  um*  i  ixcupirtl  or  ap|M<ii4trd  at  placrt 
i>f  ttreii^rth  anti  drlence.  thr  ftanie  i^rtin  it  tin  met!  lately.  u\*^n 
the  tame  fee.  money  or  rfWAnl,  giTen  or  paid,  U>  be  adjudged 
a  diMkl-Ird  |<rMin  in  thr  Uw  t<>  ail  intenta  and  purpotet.  to 
haTe.  (tvuir,  ai.<1  n  \  tt.r  *ai«!  nff.ce  or  ofiicet.  for  the  whi.h 
he  Ki  giTrtii  <*r  i^vftn  any  »uiii  uf  minev  fee  or  reward:  l.e 
the  tai'l  I'uke  «ltii.  in  or  aU  iit  the  n.>iith  of  Januarr.  in  lit 
•i\te«tkth  yrAr  « f  the  iat«<  Ku'U  .Un  ••.  of  fam«^at  memt *nr.  give 
and  |iiiy  uLtu  the  lli.i.t  llt>i.ouiabl<'  <  harlrt  thrn  Earl  of 
Noittnt;l4im.  for  the  i  thee  Cif  (treat  Admiral  of  En;: land  Mkl 
Irrlat  d.  and  the  prii.«  ;|^iity  o(  Walet.  ai;«i  offi«-e  of  the  <»er;eraJ 
(to\erLoroi  ti.c  •e*!  an*i  «hipf.  t«>  tit«  iiitcnt  that  the  laad  Duke 


i696]     Impeachment  of  the  Duke  of  Buckingham      g 

might  obtain  the  said  offices  to  his  own  use,  the  sum  of  three 
thousand  pounds  of  lawful  money  of  England;  and  did  also 
about  the  same  time,  procure  from  the  said  King  a  further 
reward,  for  the  surrender  of  the  said  office  to  the  said  Earl,  of 
an  annuity  of  a  thousand  pounds  by  the  year,  for  and  during 
the  life  of  the  said  Earl ;  and,  by  the  procurement  of  the  said 
Duke  the  said  King  of  famous  memory,  did  by  his  letters 
patents,  dated  the  27th  day  of  January,  in  the  said  year  of  his 
reign,  under  the  Great  Seal  of  England,  grant  to  the  said  Earl 
the  said  annuity,  which  he  the  said  Earl  accordingly  had  and 
enjoyed  during  his  life;  and,  by  reason  of  the  said  sum  of 
money  so  as  aforesaid  paid  by  the  said  Duke,  and  of  his  the 
said  Duke*8  procurement  of  the  said  annuity,  the  said  Earl  of 
Nottingham  did,  in  the  same  month,  surrender  unto  the  said 
late  King  of  fiimous  memory,  his  said  offices,  and  his  letters 
patents  of  them ;  and  thereupon,  and  by  reason  of  the  premises, 
the  said  offices  were  obtained  by  the  said  Duke,  for  his  life, 
from  the  said  King  of  famous  memory,  by  letters  patents  made 
to  the  said  Duke  of  the  same  offices  under  the  Great  Seal  of 
England,  dated  the  28th  day  of  January,  in  the  said  sixteenth 
year  of  the  said  King  of  famous  memory :  And  the  said  offices 
of  Great  Admiral  and  GoTemor,  as  aforesaid,  are  offices  that 
highly  touch  and  concern  the  administration  and  execution  of 
justice,  within  the  provision  of  the  said  laws  and  statutes  of 
this  realm;  which  notwithstanding,  the  said  Duke  hath  un- 
lawfully, ever  since  the  first  unlawful  obtaining  of  the  said 
grant  of  the  said  offices,  retained  in  his  hands,  and  exercised 
them  against  the  laws  and  statutes  aforesaid. 

3.  The  said  Duke  did  likewise,  in  and  about  the  month  of 
December,  in  the  twenty-second  year  of  the  said  late  King 
James,  of  famous  memory,  give  and  pay  unto  the  Eight 
Honourable  Edward  late  Lord  Zouch,  Lord  Warden  of  the 
Cinque  Ports,  and  of  the  members  thereof,  and  Constable  of 
the  Castle  of  Dover,  for  the  said  offices,  and  for  the  surrender 
of  the  said  offices  of  Lord  Warden  of  the  Cinque  Ports  and 
Constable  of  the  said  Castle  of  Dover  to  be  made  to  the  said 
late  King,  of  famous  memory,  the  sum  of  one  thousand  pounds 
of  lawful  money  of  England ;  and  then  also  granted  an  annuity 
of  five  hundred  pounds  yearly  to  the  said  Lord  Zouch,  for  the 


Omah'fMtiotui  Doatmrnts 


fl 


life  of  Um  mkI  Lofd  Kowlma  Uw  iM<^  ll»t  ha  thi  mU  D«Im 
■tictii  thmhr  abUia  Uia  aU  aOow  to  hU  mra  bm  ;  u4  Iw 
■od  bj  muoa  of  ihm  Mid  mn  of  dmnut  id  paid  bj  ika  aud 
D«kt,  and  of  tba  aout^  aa  puUd  to  Iha  ^  Edward  iMd 
Seawk  Um  footli  day  af  baeanbrr,  ia  Uw  yw  •foraaaid.  did 
aonrndtr  hit  idd  oOoti.  aad  Ui  Ulfatta  palnia  cf  tkaa,  to  tka 
mii  bf  Kikg ;  aad  Uiawp— ,  aad  I7  raaMS  of  tbi  f«aMia« 
ht  Uh  hU  Duka  abtoiMd  Uw  vid  afieaa  Iw  kio  li&  fna  iW 
late  Uof.  br  Ua  iHton  pataata  wid«r  tU  Gnat  Sad  «r  E^lMd, 
^tod  tba  «xtb  d>7  of  UMMHbar,  is  llw  »id  IwibIj  mmmj 
jmr.  And  tba  «id  oOm  of  tba  Lard  Wuim  ti  lb  O^m 
PM^  u»d  af  Um  Boaban  Uomf,  ii  «■  aOaa  tbM  daU  Ufldr 
tooahaad  aanwn  adBMBJaUatioa  ef  Joaliaa;  aadtboHido&a 
of  GoMtoUa  of  iba  Ctotla  of  Dovor  ia  u  (Oka  ibat  U(Uf 
naaawuatb  tb*  baaptsf  aad  dafeoca  of  tba  tow*  oad  pan,  aad 
of  lb*  aaid  ChaUa  of  Uovor.  whieb  b  aad  Wb  «nr  boaa^ 
appaiatoda  Mnat  a»iaial  plaw  af  rti^jtb  and  daftaatafl^ 
U^doM;  wbieh  aatvHbatowlim,  IW  mM  Dnka  balb  «ak«- 
lUIr,  aw  riaaa  bfa  Im  ookvtal  ablaiaii«  id  Iba  Mid  aSw, 
a  ia  bi*  baada,  aad  aaaalad  tbaa  afanal  Ibo  lawa 


4.  Wbanaa  tba  aud  Dnba,  by  i«aaea  of  Ua  mM  irfba  rf 
Om  Adnial  of  tba  hi^doM  of  Kegla«d  aad  InlM<  a^ 
«f  Iba  pnaoipali^  of  Walaa,  aad  af  Adsifal  of  tba  Cb^io 
hcta,  aad  Gaaaial  Onanur  of  tba  ana  aad  ridp  of  tbo  ^d 
Maidfwi.  and  by  iaa«Mi  of  tbo  traH  tbai—la  '^''"frg, 
o^ibt  at  all  tma  riaoa  tba  aaid  oOcaa  oblaiaod,  to  IMT*  mMt 
(wdad,  bift  aad  pmwTCd  Um  aaid  awa.  aad  tba  li  iiiaiii  rf 


■aahiaa  ar  otbcr  atrai^  wlMlaaarw  iW  avbt  aaadaoo  to 
tbebattor  aJa-faard  0^  ibaai,  to  ban  aaad,  INm  tiaa  to  Mm; 
Ua  abaaat  ouloafoar,  far  tba  aapidj  of  aaeb  waala  to  tbo  Bifhl 
BoMBtabla  tbt  Lotda  aad  otbara  af  tbo  Wrj  Ooaaail.  aad  bf 
prae«ria(  aaAaapplrfc«a  Ua  aownifa  or  otborviao  i  boAo 
Mid  Dak«  batb  afar  ataea  tba  diaMfartiaa  af  tbt  t«*  ti^iM 
■wiliMid  ia  tba  Act  of  Saboidy  of  Iba  om  aad  t«aaii««h  yMr 
af  Oa  Ua  Kiaf.  af  faaoM  aoManr.  Hat  k  to  mj,  tba  ifan  of 
t«a  ymn  laat  |aat,  nagl>t(od  tba  jaal  parfataHact  of  Ua  aaid 
oflMoaddatj;  aad brobaa  tba  aid  tnut  ibarawitb  MMMlttod 


i636]     Impeachment  of  the  Duke  of  Buckingham     ii 

anU>  him ;  aud  hath  not,  acco^rding  to  his  said  offices,  durinf^ 
tbe  time  aforesaid,  safely  kept  the  said  seas,  in  so  much  th^t, 
by  reason  of  his  neglect  and  default  therein,  not  only  the  ^de 
and  strength  of  this  kingdom  of  England  hath  heen,  during  the 
said  time,  much  decayed,  but  the  same  seas  also  have  bee^,  during 
the  same  time,  ignominiously  infested  by  pirates  And  ^emies,  to 
the  loss  both  of  very  many  ships  and  goods,  and  of/many  of  the 
subjects  of  our  Sovereign  Lord  the  King;  and  the  dominion  of  the 
said  seas  being  the  undoubted  patrimony  of  th^^ings  of  England, 
is  thereby  also  in  most  eminent  danger  4ol)e  utterly  lost. 

5.  Whereas,  about  Michaelmas  last  year,  a  ship,  caUed  the 
St.  Peter  of  Newhaven^  (whereof  John  Mallewe  was  master) 
laden  with  divers  goods,  merchandifes,  monies,  jewels  and 
commodities,  to  the  value  of  forty  thousand  pounds  or  there- 
abouts, for  the  proper  account  of  Monsieur  de  Villiers,  the 
then  Governor  of  Newhaven,  and  other  subjects  of  the  French 
king,  being  in  perfect  amity  and  league  with  our  Sovereign 
Lord  the  King,  was  taken  at  sea,  by  some  of  the  ships  of  His 
Majesty's  late  fleet,  set  forth  under  the  command  of  the  said 
Duke,  as  well  by  direction  from  the  said  Duke  as  Great 
Admiral  of  England  as  by  the  authority  of  the  extraordinary 
commission  which  he  then  had,  for  the  command  of  the  said 
fleet;  and  was  by  them,  together  with  the  said  goods  and 
lading,  brought  into  the  port  of  Plymouth,  as  a  prize,  amongst 
many  others,  upon  probabilities  that  the  said  ship  or  goods 
belonged  to  the  subjects  of  the  King  of  Spain  ;  aud  that  divers 
parcela  of  the  said  goods  and  loading  were  thence  taken  out  of 
the  said  ship  of  St  Peter  s ;  that  is  to  say  sixteen  barrels  of 
cochineal,  eight  bags  of  gold,  three  and  twenty  bags  of  silver, 
two  boxes  of  pearls  and  emeralds,  a  chain  of  gold,  jewels, 
monies,  and  commodities,  to  the  value  of  twenty  thousand 
pounds  or  thereabouts;  and  by  the  said  Duke  were  delivered 
into  the  private  custody  of  one  Gabriel  Marsh,  servant  to  the 
said  Duke;  and  that  the  said  ship  with  the  residue  of  her 
•aid  goods  and  lading,  was  sent  from  thence  up  the  river  of 
Thames;  and  there  detained;  whereupon  there  was  an  arrest 
at  Newhaven,  in  the  kingdom  of  France,  on  the  seventh  day 
of  December  last,  of   two  English    merchant  ships  trading 

^  Le.  HaTre  de  GrAce. 


la  Conshhitionai  Documftiis  (!«■* 

thitiicr,  at  wan  allrtJ(;<«i  in  »  i-«it.uit  |jrtiUoii  bj  t^tuic  Kiigliall 
mcrchanU  trading  int«i  France,  to  the  Lonla  and  otiirn  of  Hit 
Majesty's   in*  M  h«>n«iiiai>]e  TiiTj  (.'« until.     Aftrr  whidi,  that 
is  to  Mj,  <»n   the  aMh   day  of  thr  s<ii«i   ni-'iith,   Ilia   Majesty 
was  pVa»ed  t<>  unlrr.  with  the  ml^ioe  of  hit  I'rivy  (  ouncil,  that 
the  said  ship  and  ({«km1s  belonging  to  the  tubjt  cts  of  the  Frr&di 
king,  should  b«  re-delivered  to  such  as  should  le-cUim  them ; 
and    accordingly    infunnation    was    giTen    unto   Uts   ]iaj*«ty's 
AdTocate,   in    the   Chief  (uurt    of  Admiralty,   by    th«    lU^bl 
llniiourable   sir   John    (*ttk«*.    Knitrht,   me    of    Ilia    M^jptty's 
princi|»al  secretaries  of  state,  for  tli«-  fieeii.g  and  diacharirmg 
'A  the   said   ship  and   fg****\9  in   thi*   saul  Court  of  Atimiialty 
And  sftemanN.  that  is  t"  k»>  un  tite  ms  au<l  twentieth  day  of 
Janiury  last,  it   was  lUcreed   in  thr  faiil  Cuurt,  by  tb«*  jU'-g*' 
thereof,  with  th«*   innst^nt   (if  thr   Mid  ail\i<ate,  that  the   said 
•hip  with  whatsofYer  g<Jo«hi  as  seife«l  m   t^ken  in  hrr  (cio |>i 
three  hiindrr«l   Mriicn  hidrii.  sixteen  ^ackii  of  ginc^r,  one  l^n 
of  gilt  head*,  axxt  fivr  lacks  of  gtngri   nrnre,  mentmiml  in  the 
said  decrrrt,  should  \-e  clearly  rileaneil  frmi  faithei  detentit-n. 
and  deaTered  to  the  said  master;    and  thrrrfore  a  coouBiasion 
under  »eal  »«•  in  that  brhalf  duiv  sent  tUt  of  the  ssid  Court 
unt4i  Sir   Alirn   A|)*lry.  Sir  John   W<>iitenholme.  and  others. 
Kr  thi*  due  i  lecutitm  ttirr*«'t     the  raid  I>uke.  nutwithstaiHiing 
the  said   order.  Cdii.niip^i'  n   .ind   ilecre*-.  detAibe«l    still   to   hif 
own  use  the  Miid  gold,  •ilvi  r.  j^i-aiU.  4tr.r raids,  j*  «r Is.  moAies. 
and  CfimntMities.  ^o  tAkm    -ut  of  th-    sai<l  ihip  as  aforesaiil . 
and  for  hi*  own  ikin(,M)i.ir  .i\  til  and  ri»Trti«r   mi  tl.e  »i&th  iU> 
of    Krlru.tr>     last.    laTitig    im    :i.Iorniati>>ii    «f  ai.y    nrw    pi««if 
with«  u!     aii\     li'/a;     priitrniings.    bv    flour    of    hi*    ^aid    ufht'e, 
unju«tlv   «Ai.mi   iKr  rtiip  miA  giM**!!  t«>  Iw  a*:Mn  .-iirr»t^l  and 
drtaiiird    in    pul'lu     vn>at)*ii    ai.d    i'oiJrin|'t    if  !)>r    U«p    ,\tkd 
sLfttutr*    iif   iMA    ].t;.>-     to   thr    L'rrat    di'tur'ai.ce   "i  tiadr.  .vsi 
prrjUilue   of  tt.r    ii.ii.  .  ,tiiT. 

6.  NNhrira^  thr  ij  i.ii:r  Wf-aitli  .11. •!  "trei  ^th  •!  tin*  rrAiti.  «f 
K I  gland  It  murh  ii.irr.iM*d  \-\  thr  ;r»rtit-  i}.ietl\  <f  suck  tun- 
•  liAitti  a*  rni|>»-'y  ai-'i  t<uiid  gr«  ut  wariiki-  »liips,  a  coiisidci.* 
tion  that  «K<  u!-!  m- \r  a!1  (  •ut.t  j.  r*  oi  Mate.  e»|4^-ulh  thr 
I»rd  Ailmiral  :•■  (ti«riiri  ajaf  u.aii.!aii.  suih  oierchanta .  the 
•aid  \*\ikr    iibi«»«ui;  tr.«  L<  id*  •!  ti.c   I  ar>;-*n:rtit  in  th«  t«ciit«- 


i696]     Impeachment  of  the  Duke  of  Buckingham     13 

first  year  of  the  late  King  James,  of  famous  memory,  with 
pretence  of  serving  the  State,  did  oppress  the  East  Indian 
merchants,  and  extorted  from  them  ten  thousand  pounds,  in  the 
subtle  and  unlawful  manner  following: — About  February,  in 
the   year  aforesaid,  he  the    said  Duke,  hearing   some    good 
success  that  those  merchants  had  at  Ormuz,  in  parts  beyond 
the  seas;    by  his  agents,  cunningly,  in  or  about  the  month 
aforesaid,  in  the  said  year  of  the  said  King,  endeavoured  to 
draw  from  them  some  great  sum  of  money ;  which  their  poverty 
and  no  gain  by  that  success  at  Ormuz,  made  those  merchants 
absolutely  deny;    whereupon   he  the   said  Duke,  peix^eiving 
that   the    said    merchants   were    then    setting    forth   in   the 
course  of  their  trade,  four  ships  and  two  pinnaces,  laden  with 
goods  and  merchandize  of  very  great  value,  like  to  lose  their 
voyage  if  they  should  not  speedily  depart ;  the  said  Duke,  on 
the  first  day  of  March  then  following,  in  the  said  year  of  the 
said  late  King  did  move  the  Lords  then  assembled  in  the  said 
Parliament,  whether  he  should  make  stay  of  any  ships  which 
were  in  the  ports  (as  being  High  Admiral  he  might);    and 
namely  those  ships  prepared  for  the  East  India  voyage,  which 
were  of  great  burthen  and  well  furnished ;  which  motion  being 
approved  by  their  lordships,  the  Duke  did  stay  those  ships 
accordingly :  But  the  fifth  of  March  following,  when  the  then 
deputy  of  that  company,  with  other  of  those  merchants,  did 
make  suit  to  the  said  Duke  for  the  release  of  the  said  ships 
and  pinnaces,  he  the  said  Duke  said,  he  had  not  been  the 
occasion  of  their  staying;  but  that,  having  heard  the  motion 
with  much  earnestness  in  the  Lords'  House  of  Parliament,  he 
could  do  no  less  than  give  the  order  they  had  done;    and 
therefore  he  willed  them  to  set  down  the  reasons  of  their  suit, 
which  he  would  acquaint  the  house  withall ;  yet  in  the  mean 
time  he  gave  them  leave  to  let  their  said  ships  and  pinnaces 
down  as  low  as  Tilbury.     And  the  tenth  of  March  following, 
an  unusual  joint  action  was,  by  his  procurement,  entered  in  the 
chief  Court  of  Admiralty,  in  the  name  of  the  said  late  King, 
and  of  the  Lord  Admiral,  against  fifteen  thousand  pounds, 
taken  piratically  by  some  captains  of  the  said  merchant  ships, 
and  pretended  to  be  in  the  hands  of  the  East  India  Company; 
and  thereupon  the  King's  Advocate,  in  the  nsxne  of  advocate 


CoHStihitiomat  Doeumfmit 


1 


tnm  tbe  Kins  '"^  ^^  ***^  I'^'*^  Adiwnl,  w>Hd  aad 
MM  mttMluuAt.  wkich  bf  t^  SctrmoI  of  tkf  mU  OmH  trf 
Admirahf  «ru  wnrd  on  iW  Mid  nwnktnta,  is  iWr  flOBrt. 
U»  tistnulh  ikj  of  Hkrek  Mtowiiy:  WkwMpoa  Ik  mii 
mmth»a>0,  Ifcaoiih  Um»  «m  a»  cavM  far  thk  tMr  BalMto- 
tioa  k^  Uw  Lord  Adninl.  ;§«  tka  B«a  day  t^  w«n  vgad 
u  tU  Md4  CMit  oT  Adainllr  to  lna(  i>  tb>  SAmb  lli— iJ 
(•■nda  w  IP  to  priwn ;  whcnfara  iamwdiitiJy  tho  MBfMj 
oTtkaMii)  SMrdMsta  did  acoia  Mnd  Ibe  dipwtjafcnnid  aid 
MM  BtWi.  ta  BMk*  anr  aoil  wrio  tU  Mid  ttakv,  hr  tho 
niMM  of  tfco  mU  ■U|a  ond  pi—iiM,  who  majattt^  wrfaawr 
b«  t*  ntoct  mmuf  tram  tk  aid  n>tdaMa  fnttatai  that 
iIm  fUfa  iboBkl  mt  a*,  muni  tbojr  cBMpn— dtd  with  him; 
■ad  wbM  dMj  onrid  wuv  nan  immw  far  iIh  wUw  oI  tW 
■id  ililp  and  pfauMOM,  tbo  Mvww  of  Um  aid  Dakr  »«  thai 
tba  tlM  FkrfkMot  H«ua  nM.  bo  fint  wnd.  TU  mU 
iTfhanta  b«n«  in  tUi  parplMu^  is  tUir  t—MJutMi.  tb 
thna  aad  twwti«tii  of  Ihat  Mootli,  onr  raodjr  to  fir*  *nr 
UmI  tfada;  jot.  oonidviaf  iImI  thmj  oImmU  Itao  mm  iWo 
wta  rfwMiwW.  b)r  Mioadiag  tb«tr  ihip^  faMd«  tUr  toyaf^ 
Ikay  rwolTod  to  |t*r  i1m  md  D«k«  tmt  tkwuoBd  f— di  far 
Uao^l««d«MUido:  udlMtUioid  IMu  bf  Um  omIoo  bhoo 
afarcMid,  aod  aodv  Nfaoj  of  Ua  aA«  aad  apoa  falw  fiiliwii 
of  ri^rta.  wOMtIr  did  oiaal  aad  azfart  frooi  tlM«  Uh  ^d 
•waUat^  tha  aid  tan  tbaoMMl  pMndi^  ood  locoivod  tW  a^ 
obot  IW  twatytidhtt  id  A|«il  falfavii«  tka  dkaUiia  af 
thaaaahifo;  «Udi  «•!«  oe*  rafanwd  by  U^  tin  thaj  tfca  ail 
■anbali  had  yiaUad  to  |i«o  lua  tbo  aid  Dob*  (bo  aU  l« 


■r  ri^  Mdo  It  Ibo  aaid  l>aba  a  aJbiwUd. 
1.  VTbanaa  tbo  obi^  of  ow  Bonroifa  Lod  tba  Kiag  Mid 
■r  Ua  bi^daa*  alwnud  an  tba  friMpal  atnoftb  Md 
Maaa  of  iba  aid  biBcdoaw  aad  oogbc  ttinlii  to  W  alwi^a 
|mwood,aBd  aafaly  btpi.  oadw  tU  —naiiad.  aad  far  Ibo 
■wrfao  of  oar  aid  HwwaJf  Lard  Iba  Ki«  ao  Ua  tUa 
aaj  oltba  fcrtnaaa  Md  oaatla  of  lb>  aaid  bl^^aa;  od 
abaiaa  ao  wttiMt  of  tUa  raaba  oncfat  to  bo  dafaaaMl  ^ 
■ar  id  Ua  (aoda  or  sbatt^  wiibMl  mim  at  j/mim,  or  hfa 
•n  oaaani  drrt  daly  had  aad  obtoiaid;    tba  aM   Dab^ 


i696]     Impeachf9$ent  of  the  Duke  of  Buckingham     15 

being  Qreat  Admiral  of  England,  Qovernor  General  and  keeper 
of  the   said  sbips  and   seas,  and  thereof  ought  to  have  and 
take  especial  and  continual  care  and  diligence  how  to  preserve 
the  same;   the  said  Duke,  on  or  about  the  end  of  July  last, 
in  the  first  year  of  our  Sovereign  Lord  the  King,  did,  under 
the  colour  of  the   said  o£fice  of  Great  Admiral  of  England, 
and  by  indirect  and  subtle  means  and  practices,  procure  one 
of  the  principal  ships  of  His  Majesty's  navy  royal,  called  the 
Vanguard,  then  under  the  command   of  Captain  John  Pep- 
nington,  and  six  other  merchant  ships  of  great  burthen  and 
value,  belonging  to  several  persons  inhabiting  in  London,  the 
natural  subjects  of  His  Majesty,  to  be  conveyed  over,  with  all 
their  ordnance,  ammunition,  tackle  and  apparel,  into  the  ports 
of  the  kingdom  iA  France,  to  the  end  that  being  there,  they 
might  be  more  easily  put  into  the  hands  of  the  French  king, 
his  ministers   and   subjects,  and  taken   into  their  possession, 
command  and  power ;    and  accordingly  the  said  Duke,  by  his 
ministers  and  agents  with  menaces  and  other  ill  means  and 
practices,  did  there,  without  order  of  justice,  and  without 
the  consent  of  the  said   masters  and  owners  unduly  compel 
and   enforce  the  said   masters  and  owners  of  the    said    six 
merchant  ships  to  deliver  their  said  ships  into  the  said  pos- 
session, command  and  power  of  the   said   French  king,  his 
ministers  and  subjects ;  and  by  reason  of  this  compulsion,  and 
under  the  pretext  of  his  power  as  aforesaid,  and  by  his  indirect 
practices  as  aforesaid,  the  said  ships  aforesaid,  as  well  the 
said  ship  royal  of  His  Majesty,  as  the  others  belonging  to  the 
said  merchants,  were  there  delivered  into  the  hands  and  com- 
mand  of  the  said  French   king  his  ministers   and   subjects, 
withoat  either  8u£ficient  security  or  assurance  for  re-delivery, 
or  other  necessary  condition  in  that  behalf  taken  or  propounded, 
either  by  the  said  Duke  himself,  or  otherwise  by  his  direction, 
contrary  to  the   duty  of  the  said  offices  of  Great  Admiral, 
Governor  General  and  keeper  of  the  said  ships  and  seas,  and 
to  the  faith  and  trust  in  that  behalf  reposed,  and  contraxy 
to  the  duty  which  he  owed  our  Sovereign  Lord  the  King  in 
his  place  of  Privy  Councillor,  to  the  apparent  weakening  of 
the   naval   strength  of  this   kingdom,  to  the  great   loss   and 
pTQudioe  of  the   said  merchants,  and  against  the   liberty  of 


ComtHtitiotiai  Documtnb 


I 


L 


Ihoaa  «uIi)m-U  af  mir  SoTcrrtifa  Imtd  ihm  Kiag  tiat  an  mmlm 
tLc  juriMlictiun  of  Um  Adnbrnhy. 

8.  Tba  Hid  Doka,  eoolmy  to  tW  fnt^nm  of  ev  Bmoiif 
Unl  tW  Kipff  ud  Hi>  Mi^Mty'i  luova  imI  far  lU  aai^ 
toauM  Mkd  adruMMMBk  ef  tlM  trai  nlifiM  wtofcliifciJ  to 
tfaa  chuck  of  EagUad,  hoaviaf  tiw  mm)  abipa  «•>•  taliahJ 
to  bt  «to|ilaH  by  tb»  toid  rmeli  U^  ^aiMl  Una*  af  tha 
naa  nligiea  at  JtoAalk,  aad  ■Iwa-Wa  la  tha  kiafiaa  al 
f^anar,  did  prooan  thi  Mid  aUp  rojal,  aad  «onp«l  aa  afataml 
Ik*  iU  alW  lUp  to  ha  ddivand  nto  tha  «id  PiaaA 
hiiw'i  nuiiiftora  and  aibfeeta  aa  a&naaid,  to  tha  aad  thu  Iha 
Hid  aU|«  Bifht  b*  aMd  Md  «M|dayad  hr  tha  hU  Fm«h 
ldi«,  la  Ua  iateadad  vmt  afpiaM  thoM  a(  tha  aud  fdifiaa, 
b  tha  mM  ton  aT  Roahdla,  aad  alaavhn*  is  tha  HigJip 
«f  yiMLB,  aad  tha  Mid  ihipa  va«.  aad  ha*a  haw  aaaa,  aa 
laad  and  tMplayad  b^  tha  aaid  Fnaeh  kiac  bti  aaltfaali  aad 
miaialanacaiHtthaa;  aad  thia  tha  mM  Daha  did  aa  afaa^ii 
la  fml  aad  mmI  apparaat  pr^imUM  af  (ha  aid  nS^m, 
MOttmr;  to  the  parp"**  *^  iatooliaa  of  oar  8M«alfa  liOid 
Uw  Xiofr  aad  afaiaat  \Ab  datj  ia  that  babaH  bai^  a  iMra 
ooaadlbr  to  Hia  Ut^iMj,  aad  to  tht  ffraal  aaaadal  aad  dia* 
boaoar  af  tbb  aatiw :  oad  aHt*ilhataadia(  Iha  daUnvr  a( 
tha  aaid  lUp  bjr  bia  pnewaMaBt  and  mwpalaina  m  afanand, 
to  ba  aMphijad  m  afaraMid,  tha  aaid  Doha  ia  aaaaiic  aad 
Matotoaa  maaatr  to  aaak  bia  Ul  iatmtlaaa,  did  at  tha  paiia- 
■aal  hald  al  Ouhl,  ta  Aacnat  laa«.  batea  tha  ■■■■lllato 
•f  both  BoBM  of  Iha  aaU  PariiaMat  totJMto  aad  daahnt. 
tial  tha  lUpa  wan  aot,  aar  ihaald  Ihajr  ba.  to  aaad  aM 
■lilijil  affaiaat  IhoM  af  Iht  Mid  Rl>|poa,  h  afantoid.  ia 
iawlMip<  of  aar  Savaaaiffa  LoH  tha  Kiag.  aad  ia  ahaw  of 
tha  add  HaaoM  af  rariiuaaat,  aad  is  iJAliaa  af  t^  tmh 
wUah  avary  ■•>  ahoald  pfofaaa. 

9.  "1  II    n  im     fr         nir  ir  iin    rrnint 

ma  waat  to  ba  aeofafiad  m  fraal  rawaida,  apea  aach  riitaaaa 
Md  ladaattioM  pmoM  m  bad  Haritod  than  bj*  thair  MlhM 
•miaa;    tba  Mid  Daba  hj  Ua  isportaaato  aad  aahtfa  paa- 

tm I.  bath  aat  aaly    parrarlad  IW  aatiaa*  aad   aaift 

haaaanMa  wsj,  bat  akn  aialnlr  br  hia  aws  partiealar  gala, 
ha  bath  laluaiad  awa  that  w«n  rich  (thaach  aawiBl^  to 


i6a6]    Impeachment  of  the  Duke  of  Buckingham     17 

purchase  honour,  as  the  Lord  Robaries,  Baron  of  Truro,  who, 
by  practice  of  the  said  Duke  and  his  agents,  was  drawn  up 
to  London,  in  or  about  October,  in  the  two  and  twentieth 
year  of  the  reign  of  the  late  King  James  of  famous  memory, 
and  there  so  threatened  and  dealt  withall,  that  by  reason 
thereof,  be  yielded  to  give,  and  accordingly  did  pay  the  sum 
of  ten  thousand  pounds  to  the  said  Duke  and  to  his  use,  for 
which  said  sum  the  said  Duke,  in  the  month  of  January,  the 
two  and  twentieth  year  of  the  said  late  King,  procured  the 
title  of  Baron  Bobartes  of  Truro,  to  the  said  Lord  Robartes ; 
in  which  practice  as  the  said  Lord  Bobartes  was  much  wronged  in 
his  particular,  so  the  example  thereof  tendetb  to  the  prejudice 
of  the  gentry  and  dishonour  of  the  nobility  of  this  kingdom. 

10.  Whereas  no  places  of  judicature,  in  the  courts  of  justice 
of  our  Sovereign  Lord  the  King,  or  other  like  preferments 
given  by  the  Kings  of  this  realm,  ought  to  be  procured. by 
any  subjects  whatsoever,  for  any  reward,  bribe,  or  gift;  he 
the  said  Duke  in  or  about  the  month  of  December,  in  the 
eighteenth  year  of  the  reign  of  the  late  King  James  of  famous 
memory,  did  procure  of  the  said  King  the  office  of  High 
Treasurer  of  England  to  the  Lord  Viscount  Mandeville,  now 
Earl  of  Manchester ;  which  office  at  his  procurement  was  given 
and  granted  accordingly  to  the  Lord  Viscount  Mandeville; 
and  as  a  reward  for  the  said  procurement  of  the  same  grant, 
he  the  said  Duke,  did  then  receive  to  his  own  use,  of  and 
from  him  the  said  Lord  Viscount  Mandeville,  the  sum  of 
twenty  thousand  pounds,  of  lawful  money  of  England.  And 
also  in  or  about  the  month  of  January  in  the  sixteenth  year 
of  the  said  late  King  did  procure  of  the  said  King  of  famous 
memory,  the  office  of  Master  of  the  Wards  and  Liveries  to 
and  for  Sir  Lionel  Cranfield,  afterwards  Earl  of  Middlesex, 
which  office  was  upon  the  same  procurement  given  and  granted 
to  the  said  Sir  Lionel  Cranfield ;  and  as  a  reward  for  the  same 
procurement,  he  the  said  Duke  had  to  his  own  use.  or .  the 
use  of  some  other  person  by  him  appointed,  of  the  said  Sir 
Lionel  Cranfield,  the  si^m  of  six  thousand  pounds  of  lawful 
money  of  England,  contrary  to  the  dignity  of  our  Sovereign 
Lord  the  King,  and  against  the  duty  which  should  have  been 
performed  by  the  said  Duke  unto  him. 


» 


I 


iB  CenMUtdiomttl  Docmmmla 

II.  TiMl  1m  (1m  Mid  Dalcc  katb  wHUa  tiwa  tw  ymn  htk 
fUt  |BWKtl  divm  iilln  of  liuwiif  ti  U*  —thif.  bntlai, 
UadtW,  mhI  •IIm;  m  Om  (ilk  «#  CniiiliM  «r  W^iMiitiB 
to  kit  nuxlwr,  wliibt  tlw  wm  Sb  TVinH  Oi|ilBi'i  wOt; 
ilw  till*  ^  E«l  of  AsfflMM  to  Ui  7Dai««  kaUMrCbfatafhw 
Vniicrv;  tlM  till«  of  Borai  af  KowbImm  IWUk.  TbHot 
r>ildtiiir  w>a  tU  Etft  of  Dnbigb  to  U>  ■««'•  Imlnl  Hr 
VniUtm  PeihH^r:  tb  tMa  «f  Bkna  of  SI0U  ^^  Viwnt 
PurbMk,  t4>mrJohaT{lli«i,iUM>W«llM-<rftlN«>i  Ddls; 
mhI  dmn  Mra  «r  tfca  Ulto  Uad  to  bb  Uadrad  ud  «lfi«; 
•toolir  tba  Bobla  Buoh  of  Ba^cBd,  m  *«D  tewnif  b 
llliiiiil»»t  ud  i>  tb«r  ueofain.  k*t  Iwai  aadi  ii^iBiil. 
tai  Ik  CnwB  dmUad  to  rmnrd  ntnadlawj  fWow  b 
IMwo  thMi  witk  IwBMtr:  wUb  Ik  poor  vteto  of  Umm  Cor 
whoa  nch  iim  iiiwiiy  »!»»■»■■  iit  iMtk  bo*  yi— ■■<  b  o^ 
pwHitJjr  UMjr  to  W  man  oad  MnbwdMMB*  to  tkoKioff: 
MtwHlMuduf  iwh  oasdtka,  poiii— .  aad  gnati  of  haAi 
MMnd  totboOrawB,orgrMtT^u.*hNlilkMM  Dokoholk 
proovod  far  Ikaoi  Uo  Uadrod,  to  nppvt  iboir  4i(BhMo. 

la.  B«  Ilw  mU  Dobt  mA  oMlnrtod  villi  tfco  ffrort  ■<»■■■■ 
bmI  fcriMrly  lOMtvad  (rnb  Dm  late  Klof,  of  faooos  ■wry. 
hf  Uo  iwumwoMot  omI  fnobet,  io  Iko  fcortwlii  fmt  of  tiM 
miA  Xiac.  far  Um  Mpfwrt  of  Um  nugr  pboM,  fcoai— .  ond 
diimlM  ouafonod  a  hin,  did  sbtois  »  giuA  if  A««n  — oon 
ywori  flf  iko  mwM  of  tU  OowB,  oad  if  tti  t)Mbr  of  U»* 
Mrtw.  to  tW  TMriy  tcIm  if  Mt  Hiiiiil  «■  bodnd  Md 
I  liHj  M01  pMwb,  two  AOIiagi^  MtJS-ftmf  feftkag  W  ifa 
oU  nM,  wU  >n  TCi^  tiafaor,  Inw,  mA  odwiMi;  fM« 
-b«of  womtiiv  tolW  iwa  of  m*m  IiiiiiIii»  tm^  mnrn 


pB— ^  IkirtoM  < 

•ad Oitty  UwMMd  piadit brt  to  tnlh  if  0  br  graotarnlM: 
•ad  Hhnria^  to  tito  dilmlli  yr  of  tU  Mao  Kb«^  triga, 
did  fnran  diMfa  oUmt  ■■aw.  aaaaaad  to  Iho  Omm,  «(  Um 
TMilyvBlaoollhooUnalortwdTohaadnd  poaadowtkn^ 
okooM,  MOMdisf  ai  toanhodalo  iMnaato  oaaioid  offMMtk ; 
tolh»»atToatfcofi«iif  rfwhkhUadiWfcyfctogilfcwr. 
rntuvd  dircn  aaMaol  ctoMo  to  ha  iawtod;  \l\\  I.  Ifci> 
•a  r«^drfl»  if  mrto  iknU  bt  valaod  oad  tkal  all  WHV 
fcti  tfaoaU  bo  nfimA  to  Um  fartkalon  afw  vbtab  IbiM 


i6a6l     Impeachment  of  the  Duke  of  Buckingham     19 

lands  were  rated;  whereby  a  precedent  hath  been  introduced, 
which  all  those  that  since  that  time  have  obtained  any  lands 
from  the  Crown  have  pursued  to  the  damage  of  his  late  Majesty, 
and  of  our  Sovereign  Lord  the  King  that  now  is,  to  an  ex- 
ceeding great  value ;  and  afterwards  he  surrendered  to  his  said 
Majesty  divers  manors  and  lands,  parcel  of  those  lands  formerly 
granted  unto  him  to  the  value  of  seven  hundred  twenty  three 
pounds,  eighteen  shillings,  two  pence  half-penny  per  annum; 
in  consideration  of  which  surrender,  he  procured  divers  other 
lands  of  the  said  late  King,  to  be  sold  and  contracted  for  by  his 
own  servants  and  agents ;  and  thereupon  hath  obtained  grants 
of  the  same,  to  pass  from  his  late  Majesty  to  several  persons  of 
this  Kingdom,  and  hath  caused  tallies  to  be  stmcken  for  the 
money,  being  the  consideration  mentioned  in  these  grants  in 
the  receipt  of  the  exchequer,  as  if  such  money  had  really  come 
to  his  Majesty's  coffers ;  whereas  the  said  Duke  (or  some  other 
by  his  appointment)  hath  indeed  received  the  same  sums,  and 
expended  them  upon  his  own  occasions;  and,  notwithstanding 
the  great  and  inestimable  gain  by  him  made  by  the  sale  of 
offices,  honours,  and  by  other  suits  by  him  obtained  from  His 
Majesty  and  for  the  countenancing  of  divers  projects  and  other 
courses  burthensome  to  His  Majesty's  realms  both  of  England 
and  Ireland ;  the  said  Duke  hath  likewise,  by  his  procurement 
and  practice,  received  into  his  hands,  and  disbursed  unto  his 
own  use,  exceeding  great  sums,  that  were  the  monies  of  the  late 
King,  of  famous  memory,  as  appeareth  also  in  the  said  schedule 
hereunto  annexed ;  and  the  better  to  colour  his  doings  in  that 
behalf,  hath  obtained  several  privy  seals  from  his  late  Majesty, 
and  His  Majesty  that  now  is,  warranting  the  payment  of  great 
sums  to  persons  by  him  named,  causing  it  to  be  recited  in  such 
privy  seals,  as  if  those  sums  were  directed  for  secret  services 
concerning  the  State,  which  were  notwithstanding  disposed  of 
to  his  own  use,  and  other  privy  seals  by  him  procured  for  the 
discharge  of  those  persons  without  accompt ;  and  by  the  like 
fraud  and  practice,  under  colour  of  free  gifts  from  His  Majesty, 
he  hath  gotten  into  his  hands  great  sums,  which  were  intended 
by  His  Majesty  be  be  disbursed  for  the  preparing,  furnishing 
and  victualling  of  his  royal  navy ;  by  which  secret  and  colour- 
able devices  the  constant  and  ordinary  course  of  the  exchequer 

0  a 


i  bMfl  hnilwB.  thnt  htia$  m  mmmt  \>y  mmtut  ti  ni— A 
te  «bug«  ttlbsr  Inwvnr'  or  virtwUtf  af  the  navy  witk  ihM* 
mm  wUck  Mght  to  hxn  leot*  to  Uwir  *""*-.  aarf  la  h* 
MOMiatad  lor  to  Uu  Hj^jr;  and  aMh  a  ■■ftniau  mti 
mixian  halh  faMa  mda  UIwnb  tfca  Kin'*  ("t^  Mi  Ik 
Dnka'i  u  cauot  ba  dcwtd  bj  tk  ligal  «rtri«  aad  mirti. 
which  «^  to  h*  tnil]>  and  bithfalljr  Bad*  and  Im|«t  heth  fcr 
tha  lafcly  vt  Hia  Mi^y'a  twaaaw  aaJ  for  th«  iodcsMty  aT  hia 
oBew  asd  lahifcla,  whoa  it  iloth  cooMrm :  aad  alM  ia  tha 
■iitwalh  ftar  of  tha  wiJ  Kii«,  and  u  Iht  twotiach  }«r  fl< 
tha  «ia  Xii«,  dU  pnom  to  UMrif  amnl  nl«aaa  few  Iha 
Mid  Kiat.  id  divan  pwt  naa  id  tht  mmtf  af  Iha  Mid  lUa« 
I9  Urn  iKmtalr  nocifad:  and  vUA  ha  pmnad  tM  ha 
ni^  datais  the  mmt  for  Ihi  MpfMrt  ol  hfa  plaao^  hiaiii, 
asd  diff>itiaa:  and  thoaa  thbg^  aad  dhws  othm  af  iha  Uha 
Uad,  M  anaanth  ia  tha  nid  lebadya  aMMiad.  teth  ha  daM. 
to  tha  anaadiaff  dinastioa  af  tha  raTCMMa  of  tha  CbWB,  aad 
is  dacait  holh  of  o«r  BmrmicB  Laid  tha  Kiat  that  M«  K  Md 
of  tha  tatoKiiv  Jama  ^faaaaa  ■iiry;  aad  to  tha  ftaal 
dalriMrt  «r  tha  vboU  Ui^doa. 

15.  Wbataaa  a^aelal  «ara  aad  ordar  Mh  baaa  Uhaa  hj  IW 
lawa  id  this  raala  to  naliaia  aad  pravaat  tha  BiddJW  adaia- 
iatnUoa  af  phr^  «h«t>y  tha  h«llh  aad  lib  ef  M*  Hf  ht 


L 


of  Ui^  ol  Ihb  raala.  b  whoa  *a  thoir  h)j«l  oal^Mla  hmmt»r 
Aallwui  a  fnat  iatami,  ara  aad  al«aj«  Uva  haaa.  aMnaid 
hy  aa  ie  aamd.  thai  aelld^  OH^  to  ba  pnpacad  ftr  Am.  at 
idpjahfa  il  Mto  than,  ta  tha  wmg  «l  jkj^  m  mti.  ia  tha 
tiaai  If  thiir  JaHaM.  vithoat  tha  inaiwl  <f  asM  aT  ihiir 
d  Iha  III  hill 
ad  ftn«ar}«fca 
H  to  oAr  aay 
,  halh  haaa  alvaya 

niikad  ta  tha  aatobv  at  hi«h  nfiani'  aad  iilil in; 

mi  «hanaa  tha  avara  phj^ihw  ol  oar  Ma  nmiiriia  Lard 
Kiat  Jaaaa  at htmai  mamatf,  MmMat  «a  Hia  Mi^oHr ia  tha 
■oath  af  Manh,  ia  tha  twa  aad  tawilMh  <d  Ua  Boat  gncfawa 
niga,  ia  tha  tiaaa  at  Ua  ■ghiiaM.  Was  ■*  *€**■  did.  ia  daa 
taLJ. 


i6a6]     Impeachment  of  the  Duke  of  Buckingham    21 

and  necessary  care  of  and  for  the  recovery  of  his  health  and 
preservation  of  his  person,  upon  and  after  several  mature 
consultations  in  that  behalf  had  and  holden,  at  several  times  in 
the  same  month,  resolve  and  give  directions,  that  nothing 
should  be  applied  or  given  unto  His  Highness  by  way  of  physic 
or  diet  daring  his  said  sickness,  but  by  and  upon  their  general 
advice  and  consents,  and  after  good  deliberation  thereof  first 
had ;  more  especially,  by  their  like  care,  and  upon  like  consulta- 
tions, did  justly  resolve,  and  publicly  give  warning  to  and  for 
all  the  gentlemen,  and  other  servants  and  officers,  of  his  said 
late  Majesty's  bed-chamber,  that  no  meat  or  drink  whatsoever 
should  be  given  unto  him  within  two  or  three  hours  before  the 
usual  time  of  and  for  the  coming  of  his  fit  in  the  said  ague,  nor 
during  the  continuance  thereof,  nor  afterwards  untill  his  cold 
fit  were  past ;  the  said  Duke  of  Buckingham,  being  a  sworn 
servant  of  his  late  Majesty,  of  and  in  His  Majesty's  said  bed- 
chamber, contrary  to  his  duty  and  the  tender  respect  which  he 
ought  to  have  had  of  his  most  sacred  person,  and  after  the 
consultations,  resolutions,  directions,  and  warning  aforesaid, 
did  nevertheless,  without  any  sufficient  warrant  in  that  behalf, 
unduly  cause  and  procure  certain  plaisters  and  a  certain  drink 
or  potion,  to  be  provided  for  the  use  of  his  said  Majesty,  without 
the  direction  or  privity  of  his  said  late  Majesty's  physicians,  not 
prepared  by  any  of  His  Majesty's  sworn  apothecaries  or  surgeons, 
but  compounded  of  several  ingredients  to  them  unknown ;  not- 
withstanding the  same  plaister,  or  some  plaister  like  thereunto, 
having  been  formerly  administered  unto  his  said  Majesty,  did 
procure  such  ill  effects  as  that  some  of  the  said  sworn  physicians 
did  altogether  disallow  thereof,  and  utterly  refuse  to  meddle 
any  further  with  his  said  Majesty  until  those  plaisters  were 
removed,  as  being  prejudicial  to  the  health  of  His  Majesty ;  yet 
nevertheless  the  same  plaister,  as  also  a  drink  or  potion,  was 
provided  by  the  said  Duke,  which  he  the  said  Duke  by  colour 
of  some  insufficient  and  slight  pretences,  did  upon  Monday  the 
one  and  twentieth  day  of  March  in  the  two  and  twentieth  year 
aforesaid,  when  His  Majesty  (by  the  judgment  of  his  said 
physicians)  was  in  the  declination  of  his  disease,  cause  and 
procure  the  said  plaister  to  be  applied  to  the  breast  and  wrists 
of  his  said  late  Majesty ;  and  then  also  at  and  in  His  Majesty's 


CtmsHMitmmt  OocMmmit 


1 


fit  of  Um  Mid  iffiM.  tlw  MM*  M  Willi  J,  nd  at  mvmsI  Ubm 
vhbin  two  bMn  cf  iW  MMJf  rf  Uw  mm*  ft,  ud  lafarc  Hk 
lIajMt;'a  tWn  mU  ft  «M  pMMd.  dM  ddinr  nd  «■«  I*  ha 
Mi«w«l  MTCnl  ^oulitiM  of  tb  Mtd  druk  or  jmIm  *»  lit 
kl>  M^JMlr;  vho  iWtmpMi,  M  tW  mm-  Umm.  vHUb  ite 
M«MM  U  itel  b«lMtf  praliiUled  by  HU  MMJMtyB  ghjwifcM 
M  tS^nmiA  did.  bj  lU  mmm  mI  |ww»»iimm<  rf  «W  mM 
D«ln,  drnk  ud  Uk»  dmn  quatitiM  of  tk  mM  drnk  «r 
patiM  spfliid  and  iitm  ulo  and  Ukaa  Md  iwaivad  by  U> 
aaU  lUfMtjr  M  afonaaid.  gnal  diMMpan  aad  dircn  ■ 
■j!M|i(— ■  auMwd  vpoa  Ida  mU  lCa^7.  ii 


Mta  idiyais,  whUot  Ihor  allavaMw  aad  ipfaaitaliM.  mi  kb 
Mid  Hi^Hlr  UMBrif. ««»««  koMdr  Madt  diMMad  a^  ^Mid 
wiUi  paia  a^  iidnM*  aftar  Ui  tkM  ft.  whM.  17 IW  awM  «l 
Ua  di«MM,  ba  npMHad  iaiMMiMiaa  aad  aMa,  did  aHriUte  tha 
MW  of  aMh  h»  traaUa  M*>  tha  Mid  phMM- aad  dcW.  whiA 
IbaMid  PakafadMcitMiaMlMMaduU  1  I  I  1  lla 
Um.  WUahMidadT«tan«ail.brapafaMaUirdia4a^ 
aad  ifcaakfalaaa^  deaa  to  tha  panaaaf  wfnat  a  Ki^.yte 
•  iU  ««•«■  at  Iba  Ufca  farMarijr  adainiMnd,  Matrarrto  nah 


diwli— aaalM— id,a 


Miadvtib  M  aab^fi)'  u 


a  gnat  griW  aad  lliinaifiiil  «f  all  Hia  lUHtr'i  aa4aala 
ia  faaml,  b  M  aSMaa  aad  a^ftMMMMr  afM  %li  a  Mtw;  w 

— 7lanlyWMlbd,MrftibythaMidn mi  liia  Halw.w 

art  altoauacnaiia*  fwaaiptiBn  aad  «f  dn|M«ai  cMM^aMiak 
Aad  Iba  Mid  OnMwiai  \*j  paliiUtiia  Mria«  la  ibailiM 
(In  UMr  •<  >■"*'■■  ■«  aajr   liMa  WnaA*  a^  alkr 
tapiaattha  Mid  DidHi,Mlaka«( 

mU  actiriM,  ar  to  aajr  a 

aka  af  tiM  praMiMi,  or  aay  of  t^M,  m  tba  mm  •IhU  {« 

to  tha  M«M  of  PuliaMaal)  raqaira,  do  pnjr  Ual  tba  Mid  IM^ 

Mar  W  pal  to  aaawor  to  all  aad  avoff  ll«  |ri  ili     ;  aad  tte 

la*  piataadiag.  awiaalMa,  Irial  aad  jadgiaaat.  May  W  af— 

vmr  al  Ibaa  Ud  aad  Mad.  aa  ia  agwiMlh  to  bw  aad  ja^iff. 


i6ms]     Impeachment  of  the  Duke  of  Buckingham     33 

£.  The  humble  amwer  and  plea  of  Oeorge  Duke  of  Bttcktngham, 
to  the  dedaroHon  and  impeachment  made  against  him  before 
your  Lordships,  by  the  Commons  House  of  Parliament, 

[Pretantad  to  the  Hoase  of  Lordf ,  June  8, 1626.    Lords'  JoanuJi,  iii.  656. 

See  Ri$t  of  Engl,  vi.  116.] 

The  said  Duke  of  Backs  being  accused,  and  sought  to  be 
impeached  before  your  Lordships  of  the  many  misdemeanours, 
misprisions,  offences,  and  crimes,  wherewith  he  is  charged  by 
the  Commons  House  of  Parliament,  and  which  are  comprised  in 
the  articles  preferred  against  him,  and  were  aggravated  by  those 
whose  service  was  used  by  that  house  in  the  delivery  of  them ; 
doth  find  in  himself  an  unexpressible  pressure  of  deep  and  hearty 
sorrow,  that  so  great  and  so  worthy  a  body  should  hold  him 
suspected    of  those   things  that    are    objected  against   him; 
whereas  had  that  honourable  house  first  known  the  very  truth 
of  those  particulars,  whereof  they  had  not  there  the  means  to 
be  rightly  informed,  he  is  well  assured,  in  their  own  true 
judgments,  they  would  have  forborne  to  have   charged  him 
therewith.     But  the  integrity  of  his  own  heart  and  conscience^ 
being  the  most  able  and  most  impartial  witness,  not  accusing 
him  of  the  least  thought  of  disloyalty  to  his  sovereigns  or  to  his 
country,  doth  raise  his  spirits  again  to  make  his  just  defence 
before  your  Lordships ;  of  whose  wisdom,  justice,  and  honour, 
he  is  so  well  assured,  that  he  doth  with  confidence  and  yet  with 
all  humbleness,  submit  himself  and  his  cause  to  your  examina- 
tions and  judgments ;  before  whom  he  shall,  with  all  sincerity  and 
clearness,  unfold  and  lay  open  the  secrets  of  his  actions  and  of  his 
heart ;  and,  in  his  answer,  shall  not  affirm  the  least  substantial, 
and  as  near  as  he  can  the  least  circumstantial  point,  which  he 
doth  not  believe  he  shall  clearly  prove  before  your  Lordships. 
The  charge  consisteth  of  thirteen  several  articles ;  whereunto 
the  Duke,  saving  to  himself  the  usual  benefit  of  not 
being  prejudiced  by  any  words  or  want  of  form  in  his 
answer,  but  that  he  might  be  admitted  to  make  further 
explanation  and  proof  as  there  shall  be  occasion;  and 
saving  to  himself  all  privileges  and  rights  belonging 
to  him  as  one  of  the  peers  of  the  realm ;  doth  make 
these  several  and  distinct  answers  following,  in  the  same 
order  they  are  laid  down  unto  him :— * 


34  CoHsHtutiaHal  Do(um§mis  [ 

I.  To  thr  firat  which  ronccnieth  the  plarmlitj  d  Mtcm  whick 
hi*  huMeth,  Iw  muiwrrrth  thui :  That  it  U  tnie  be  boMetb  thoM 
neveral  pUceH  and  itrticri  which  art*  i*iiuinrratc«l  in  the  |>rraiBbl« 
tif  hii  charge :  whoreol  only  thre**  artf  W4irthy  the  oanr  ol 
uffice»  ;  vidflictt,  the  Adniiraltj.  the  Wanlff*nahi|i  ui  tlie  t*iii«)«« 
Purtf.  aiitl  Mast«*nihi|)  of  the  Hone.  Tlie  other*  are  rmtkef 
titular}*,  and  ailditiunM  uf  honour.  For  tbeae  oflicea  he  huoiMi 
and  fn*e]y  acknowlt*d|{rth  the  liounty  anil  f^wdDeM  of  Hia  Ifual 
Gracioui  Majesty  who  ii  with  Go«i ;  who.  when  be  hatl  cart  aa 
eye  of  favour  upon  him,  and  liad  takrn  him  into  a  more  near  place 
of  lervice  ahout  his  royal  |»enion.  wai  more  willing  to  multiply 
his  Krii^*''*  *"*^  fuviium  u|Kai  him  than  the  I>nke  wa«  forward 
to  a«k  them  ;  and  for  the  nio^t  part.  a«  many  lionouraUe  perKwa, 
and  hi»  own  mu«t  excellent  llajctty  aljore  all  other*  crna  bm 
tf'Htify,  did  prevent  thr  very  deftin*i  of  the  Duke  in  atkinir. 

Aiul  all  theM*  particular  place*  hr  ran  and  doth  truly  affins. 
his  late  Majesty  did  he«tow  them  of  his  own  n»yal  mocioti 
^exce]»t  the  WArdennhip  of  tlie  ('inipie  Ports  onlyt.  and  therefu 
also  he  iravtf  his  appndtation  and  encouragement.  AimI  tbe 
l>uke  denieth  that  he  ohtaine<l  thrsi*  places  either  to  satisfy  bis 
cxi>rbitaiit  amliition  or  his  own  profit  or  ailvanta|re.  as  it 
ul»jevte<l  Ak'niukt  him  ;  and  he  ho|)eth  he  shall  ffive  f{oud  aalia- 
factiiin  t>>  the  contrary,  in  hi«  particular  amtwrrs  enMitaif. 
touchini;  the  inaiiiuT  ul  his  «>l>tainintf  the  place*  i>f  Admiralty. 
Mitl  the  Wardrnship  of  tlie  (*in«|Ur  l*orts  ;  whereunto  he  humbly 
dr!»irrth  to  refer  himM'lt'  Ainl  tor  the  Maj»tef»hip  f»f  the  Horw 
to  iii»  Ms^^ty,  he  "laith  it  m  a  nten*  di»me*tic  i*ffice  t»f  alteDd- 
aiice  u|ion  the  Kiotfo  |«.*r«on.  wherehy  he  rrceiveth  «time  |irofit. 
vet  hut  a*  a  mnveniencv  t<i  rrndi-r  him  more  fit  for  bit  coat inoal 
attrnilAiit-f.  And  in  that  place,  the  time*  cura|»Ared.  be  balb 
rrtn  ni-()«-<l  t'.i*  Kin;:'*  annual  charge  to  a  i-oi**iderahle  Value,  a* 
^hal!  1»*  ni*>l**  aijMrent.  An<i  ft»r  the  nunilier  of  place*  be 
huldfth.  he  'Aith  that,  if  the  < '.-ninKinwealth  doth  Dot  suffer 
thervliy.  h*<  h<i|Mth  he  niay,  with«mt  hlame,  receive  and  rttaia 
that  whit'h  tKe  liU'ral  and  U'Untitul  hand  of  his  maater 
hath  fri-rl\  ci-hfrrrol  u|ii>n  htm  .  an«l  it  is  not  without  many 
prrcoleiit*.  U>th  in  anciei.t  and  m<itiern  tiroa*«  that  one  man 
emihrnt  in  th«-  etterm  uf  hi«  H>%ereih*n.  hath  at  one  time 
held  a*  i(reat  autl  m  many  i-lfit-«4,  Imt  when  it  shall  be  du- 


i6a6]     Impeachment  of  the  Duke  of  Buckingham    25 

cemed  that  he  shall  falsify  or  corruptly  use  those  places  tr  any 
of  them,  or  that  the  public  shall  suffer  thereby,  he  is  so  thankful 
for  what  he  hath  freely  received,  that,  whensoever  his  gracious 
master  shall  require  it,  without  disputing  with  his  sovereign,  he 
will  readily  lay  down  at  his  royal  feet,  not  only  his  places  and 
offices,  but  his  whole  fortunes  and  his  life  to  do  him  service. 

a.  For  his  buying  of  the  Admiral's  place,  the  said  Duke 
maketh  this  clear  and  true  answer : — 

That  it  is  true,  that  in  January,  in  the  sixteenth  year  of  his 
late  Majesty's  reign,  his  late  Majesty  by  his  letters  patent 
under  the  great  seal  of  England,  granted  unto  the  Duke  the 
office  of  Admiralty,  for  his  life,  which  grant,  as  he  well  knoweth 
it  was  made  freely,  and  without  any  contract  or  bargain  with 
the  late  Lord  Admiral,  or  any  other,  and  upon  the  voluntary 
surrender  of  that  noble  and  well-deserving  lord,  so  he  is  advised 
it  will  appear  to  be  free  from  any  defect  in  law,  by  reason  of 
the  statute  of  5  Ed.  VI,  mentioned  in  this  article  of  his  charge, 
or  of  any  other  cause  whatsoever.  For  he  saith,  that  the  true 
manner  of  his  buying  this  office,  and  of  all  the  passages  thereof, 
which  he  is  ready  to  make  good  by  proof,  was  thus:  That 
honourable  lord,  the  Earl  of  Nottingham,  then  Lord  Admiral, 
being  gro¥m  so  much  in  years,  and  finding  that  he  was  not 
then  so  able  to  perform  that  which  appertained  to  his  place, 
as  in  former  times  he  had  done  to  his  great  honour,  and  fearing 
lest  His  Majesty's  service  and  commonwealth  might  suffer  by 
his  defeat,  became  an  humble  and  earnest  petitioner  to  his  late 
Majesty,  to  admit  him  to  surrender  his  office.  His  late  Majesty 
was,  at  the  first,  unwilling  unto  it,  out  of  his  royal  affection 
to  his  person,  and  true  judgment  of  his  worth.  But  the  Earl 
renewed  his  petitions,  and  in  some  of  them  nominated  the  Duke 
to  be  his  successor,  without  the  Duke's  privity  or  forethought 
of  it.  And  about  that  time  a  gentleman  of  good  place  about 
the  Navy,  and  of  long  experience,  of  himself  came  to  the  Duke, 
and  earnestly  moved  him  to  undertake  the  place.  The  Duke 
apprehending  the  weight  of  the  place,  and  considering  his 
young  years  and  want  of  experience  to  manage  so  great  a  charge, 
gave  no  ear  unto  it;  but  excused  it,  not  for  form,  but  really 
and  ingenuously  out  of  his  apprehension  of  his  then  unfit- 
ness for  it.     This  gentleman  not  thus  satisfied,  without  the 


1 


afi  Cons/ihtfuma/  Dccumtnti 

l>ai»»it>|ib«l  Usnir  !•  Um  kto  Kii«.»l  botmI  Bh  H^fMlr 
tb««b,  and  oOtml  fmmm  for  it.  thrt  tlw  l>aU  wm  tht 
MMt  BU  Bt  ttwl  U>w,  mmI  M  lb*  >UI*  e(  Ibt  Ma*7  ll^ 
■tood,fattkat  pUca,  kr  U  mU  it  *m  I^m  »  Ihh  ■£  fwa( 
Ikftt  tha  b«l  Mnrie*  omiU  b*  doM  lar  tk*  pfWMM  «m  t* 
rapttir  tb  iwTj  (Atl  iluia  raral,  wfckk  th«B  mtn  m»A  \m 


\fi  $bA  tka  hdan  lL«n  n*  yimid  w  af  Mvriea 
■U»»ii^  tha  DbIw.  baiac  rouag  and  aatm  Bigbt  gaia  ■■- 
yiMM.  lad  wm3t»  UaMBlT  ••  fit  ai  aajr  vihm ;  mA  Uwl. 
IB  tha  Moaa  tiwm.  aoa*  «aa  a  fit  ••  liiMaalf.  ha«k|  (ha  af- 
paHsaity  el  Uia  Mj^aatr*  bwttr,  bmI  aaanMat  le  lite  fmm», 
to  pncara  a  coaataat  ■aigaaiat  aad  fyl  af  aaaiai  far 
tha  BaV7,  Iba  naa  vkiraof  «m  tW  gnatet  mu*  oT  tfe 


aad  apoa  Bia  lli^j'*  wa  aMtMn,  par^aiJai  th»  Dalw  to 
lafca  tka  charfe  aino  him.  Aad  ihanfar*  Ifca  EarL  wlaalafilf , 
fraa^ir  aad  villiagly,  aad  apaa  hia  aaa  aitaaa*  aad  aAaa  mitt 
■wraadand  Ua  plaoib  viliMNU  aaj  praaadirt  aaaliMt  m 
paafaa  wktaavar  tlial  wigfct  raadar  Ua  Daka  ia  l*a  ImA 
digiat  aat)^  ta  Ika  daapr  af  tha  law  (whWi  na  aat  thaa 
aa  mt»A  aa  oom  thaaght  apoa);  aad  apoa  that  aBmadv, 
tha  gnat  araa  aada  ta  tha  DaW  EM  it  h  traa,  t^A  Uh 
U^fMlr,  oat  of  Ua  njral  baoatj,  far  r  nia|ini  rf  Iha  li^ 
aad  failUU  anrlaa  oflha  aid  brl,  aad  to  aa  I  i  ii  II 
■MMty  af  Ua  daaarta  la  hia       '    '    "  '  "  j"     '    T 

gtaat  his  a  p«*toi  af  ha  tha^tad  paaada  par  oMaia.  hr  hfa 
Ufa;  whitk  ia  aU  agn  hath  btca  tha  rofal  wvf  «t  pHeaaa. 
ahwiailli   ta  rawaid  anckal   ,  -  - 


I 


Ihair  aUar  jmn,  «ha%  vUhaal  thair  «va  faaka,  tl«j  an 
haaMo  laaa  anJaaaUa  ta  tha  alala.  Aad  tha  Daha  aha^ 
nlaalari^  aad  ftaJy,  aad  aa  aa  argnnaat  of  ha  aaU»  raapaaC 
laWBfda  n  hoMMraUa  a  pradacaMr,  whaa  ta  h»  daalh  ha  aaOad 
fathar,  lAaaa  lalalv,  m  ha  thaa  aadantaad,  mi^  wall  haw  it, 
wfth  hia  laU  lUMy'*  F*n*7  •»*  ^»|waliaHni^  dU  aaad  hte 
thtaa  Hi  I  iM ail  paaaib  ia  mmmj;  «hit4  ha  hiyath  m  pvaa 
«(  worth  aad  hoaaar  will  aatam  ta  U  aa  a«t  warthj  of  UaaM 
iahiak    Aad  wfaaa  tha  Daka  had  thai  ahtaiaad  tUa  pkaa  af 


•  La.' 


i6«6]     Impeachment  of  the  Duke  of  Buckingham    27 

great  taut,  he  was  so  careful  of  bis  duty  that  he  would  not 
rely  upon  his  own  judgment  or  ability ;  but  of  himself  hnmUy 
bMongfat  his  then  Majesty  to  settle  a  Commission  of  fit  and  able 
persons  for  the  afilBdrs  of  the  Navy,  by  whose  counsel  and 
assistance  he  might  manage  that  weighty  business  with  iiie 
best  advantage  for  His  Majesty's  service;  which  commission 
was  granted  and  still  continneth ;  and  without  the  advice  of 
those  commissioners  he  had  never  done  any  thing  of  moment ; 
and  by  their  advice  and  industry  he  hath  thus  husbanded  the 
King's  money,  and  furthered  the  service;  that  whereas  the 
ordinaiy  charge  of  the  Navy  was  four  and  fifty  thousand  pounds 
per  annum,  and  yet  the  ships  were  very  much  decayed,  and 
their  provisions  neglected;  the  charge  was  reduced  to  thirty 
thousand  pounds  per  annum;  and  with  that  charge  the  ships 
all  repaired  and  made  serviceable,  and  two  new  ships  builded 
yearly ;  and  for  the  two  last  years,  when  there  were  no  ships 
built,  the  ordinary  charge  was  reduced  to  twenty-one  thousand 
six  hundred  pounds  per  annum ;  and  now  he  dare  boldly  affirm, 
that  His  Majesty's  Navy  is  in  better  state  by  much  than  ever 
it  was  in  any  precedent  time  whatsoever. 

3.  For  his  buying  the  Wardenship  of  the  Cinque  Ports,  he 
maketh  this  plain  ingenuous  and  true  answer : — 

That  in  December,  in  the  two  and  twentieth  year  of  his 
late  Majesty's  reign,  he  obtained  the  office  of  Lord  Warden  of 
the  Cinque  Ports,  and  Constable  of  the  Castle  of  Dover  (being 
one  entire  office)  upon  the  surrender  of  the  Lord  Zouch,  then 
Lord  Warden.  The  manner  of  obtaining  whereof  was  thus: 
The  Lord  Zouch  being  gro¥m  in -years,  and  with  his  almost 
continual  lameness  being  grown  less  fit  for  that  place,  he  dis- 
covered a  willingness  to  leave  it,  and  made  several  offers  thereof 
to  the  Duke  of  Richmond,  and  Richard,  Earl  of  Dorset,  de- 
ceased ;  but  he  was  not  willing  to  part  with  it  without  recom- 
pence ;  notice  whereof  coming  to  the  Duke,  by  an  offer  from 
the  Lord  Zouch,  he,  finding  by  experience  how  much  and  how 
many  ways  both  the  King's  service  might  and  many  times 
did  suffer,  and  how  many  inconveniences  did  arise  to  the 
King  8  subjects,  in  their  goods  and  ships  and  lives,  by  the  inter- 
mixture of  the  jurisdiction  of  the  Admiralty  and  Wardenship 
of  the  Cinque  Ports,  by  the  emulation,  disaffection  and  con- 


a8  ConsHhitional  Documents  (ti«i 

teDtion  o{  their  otticert,  aa  will  clewlj  ^pp^r  hy  \hftm  |Mr- 
UcuUrt.  mnonf^t  mjiny  othen  that  ihat  be  iosU&crd. 

(i)  Where  the  Atlniirml'f  juriiiliction  eztemlt  freoermllj  to  all 
the  narrow  •••*«.  th**  WAnlen  of  the  Cinqae  F*orU  bath  Mid 
exercieeth  Admirml  juntdiction  on  all  the  era  coa»ta  (torn 
Showe  Beacon'  in  Em^x.  to  the  Red  Noore*  in  Hants;  and 
within  thoee  limiti  there  have  been  eontinaal  diflervaec*  h^ 
tween  the  liord  Admiral  and  the  Lonl  Warden,  whether  tbe 
LortI  Wartlen'i  jurisdiction  extendi  into  the  main  ten.  or  otiij 
at  far  aa  the  low  water  mark,  and  to  moch  further  into  the  mm 
at  a  man  on  horaeWk  can  reach  with  a  lance;  which  oeta- 
ftionHh  quettionff  U-tween  th<»«i*  chief  officer*  themtelvea. 

(3)  Thrrr  an*  many  and  ctmtinual  differences  in  esec«ttair 
warrant*  a^iust  offendrn* ;  the  officem  of  the  cot  rtfostag  to 
obey  ur  aasist  the  authoritr  of  the  other  :  wherebj  the  offender, 
protected  or  countenanced  bj  either,  coailr  esoapeth. 

(3)  Merclianta  and  ownen  of  goods  qaefltiooed  in  the 
AdmiraltT  are  often  enforced  to  soo  in  both  coorta,  and  often 
enforced,  for  their  peace,  to  compmnd  with  tioth  oficon. 

(4)  The  Kind's  serTice  is  much  hindered  ;  for  the  Qaaal  reo- 
dexTous  of  tlie  Kinif's  ships  l»eing  at  the  IWiwna.  and  that  beinir 
within  the  jun»<lictiiin  of  the  sai<l  Wanien.  the  Lord  Admirml 
or  (  aptains  of  the  Kind's  shi|»s  hare  no  power  or  warrant  to 
press  men  from  the  »hrre,  if  the  King's  ships  be  in  distrtsa. 

(;,)  When  the  Kinfr's  thips  or  others  l«  in  danger  oo  the 
(«iK4lwiii«<,  or  other  places  within  riew  of  the  p>rts»efi,  thej 
have  refu«e«l  to  lielp  with  thrir  boats  lett  the  Kind's  ships 
•h(»uld  c\>roman4l  them  on  lioanl ;  wherebr  many  ahipa  hare 
fiert^hfd.  And  much  tfo<i<U  have  lieen  lost. 

(6)  \VhenthewsrrAntscometo|ire«aa  «hipat  roodforthe  Kind's 
serrin*.  the  offirers  take  occasion  to  dift«)U*v  the  warrmnta.  and 
prejudice  the  Kinf( «  lenrice ;  for  if  the  warrant  come  from  the 
Lotd  Wju-flen  they  will  preteml  the  ship  to  be  out  of  their  jwis- 
diction  ;  if  the  warrant  rome  fmm  thr  I>»nl  Admiral,  they  will 
pretend  it  to  lie  within  jiiriMlt(*ti«m  f>f  the  Tinque  I'orts;  and  su 
whiltt  the  ••tlioers  dt«(Hite  the  opportunity  (»f  the  service  is  lost. 


*   f'r  A^mm-t  \\ifry  «•  bM  •u«*^tU<l  t.*  nw  \h%\  ikis  mutt  b»  tK«  '  R>«k« 
f  NiCv  '  to  tb«  MAt  *4  llsaUa^a 


t6a6]    Impeachment  of  the  Duke  of  Buckingham    29 

(7)  When  the  King's  ships  lye  near  the  Ports,  and  the  men 
come  on  shore,  the  officers  refuse  to  assist  the  captains  to  reduce 
them  to  their  ships  without  the  Lord  Warden's  warrant. 

(8)  If  the  King's  ships  on  the  sadden  have  any  need  of  pilots 
for  the  sands,  coasts  of  Flanders  or  the  like,  wherein  the  ports- 
men  are  the  best  experienced,  they  will  not  senre  without  the 
Lord  Warden's  or  his  lieutenant's  warrant,  who  perhaps  are 
not  near  the  place. 

(9)  When  for  great  occasions  for  the  service  of  the  State,  the 
Lord  Admiral  and  the  Lord  Warden  must  both  join  their 
authority;  if  the  officers  for  want  of  true  understanding  of 
their  several  limits  and  jurisdictions,  mistake  the  warrants,  the 
service  which  many  times  can  brook  no  delay  is  lost,  or  not 
so  effectually  performed. 

For  these,  and  many  other  reasons  of  the  like  kind  the  Duke, 
not  being  led  either  with  ambition  or  hope  of  profit,  as  hath 
been  objected  (for  it  could  be  no  increase  of  honour  unto  him, 
having  been  honoured  before  with  a  greater  place;  nor  for  profit, 
for  it  hath  not  yielded  him  in  a  manner  any  profit  at  all,  nor 
is  like  to  yield  him  above  three  hundred  pounds  per  annum 
at  any  time),  but  out  of  his  desire  to  do  the  King  and  king- 
dom service,  and  prevent  all  differences  and  difficulties,  which 
heretofore  had,  or  hereafter  might,  hinder  the  same;  he  did 
entertain  that  motion:  And  doth  confess,  that  not  knowing, 
nor  so  much  as  thinking,  of  the  said  Act  of  Parliament  before 
mentioned,  he  did  agree  to  give  the  said  Lord  one  thousand 
pounds  in  money,  and  five  hundred  pounds  per  annum,  in  re- 
spect of  his  surrender ;  he  not  being  willing  to  leave  his  place 
without  such  consideration,  nor  the  Duke  willing  to  have  it 
without  his  full  satisfeustion.  And  the  occasion  why  the  Duke 
of  Buckingham  gave  that  consideration  to  the  Lord  Zouch  was, 
because  the  Duke  of  Richmond,  in  his  life  time,  had  first  agreed 
to  give  the  same  consideration  for  it ;  and,  if  he  had  lived,  he 
had  had  that  place  upon  the  same  terms.  And  when  the  Lord 
Duke  of  Richmond  was  dead,  his  late  Majesty  directed  the 
Duke  of  Buckingham  to  go  through  for  that  place ;  and,  for  the 
reasons  aforementioned,  to  put  both  these  offices  together ;  and 
to  give  the  same  consideration  to  the  said  Lord  which  the 
Duke  of  Richmond  should  have  given ;  and  his  late  Majesty 


CoHih/uHomai  Doaummit 


1 


I 


mM.  U  wm>U  f«r«7  tk  maaaf.  And  U«  hr  tUi  Ml  of  k^ 
ta  MqviriBc  iUb  oAw,  MMiipa>i«l  wHli  Uhm  riTWilM^> 
WKf  W  within  tin  dv^w  of  Ika  bw.  tka  Ku«  W^  fmy  to 
aU  ^  pHMiK"*  *f  ^  »'  Mwo>n4pag  aad  dinctnf  af  il,  W 
braUr  MfamtMk  to  jmigmmA :  Aad  U  hsnUj  Iwna  K  to 
ygor  lonlkkipi'  jwifwili,  to  «l«l  tkM  «»r,  u  »MiMi 
^TTMk  to  lb*  CnwB,  bjr  Bfi  ftsd  iBAt«%  diwiWid  to  pwfan 
hb  NTvie*,  tui  is  aa  kdaoantil*  onim  nHafiiA  kia  flam; 
tmUOm  Kbw  UM»tf  (KM  tfe  mnird.  it  a^  la  mU  it  b 
»  chHfi  totWCnwa;  tf  Ikt  Mwiidlat  oAmt  gir*  tka  ■*- 
LBBpiBri.  it  M>j  ba  tlwa  o^wtad  to  W  wiOni  tiM  4nfv  W 
tU  ko :  And  liaw««»TCr  H  b*.  ^  Im  hapfth  H  tbali  art  b 
hald  in  hia  •  crtna,  »km  hii  intontiMM  w*  )«•  aad  haaaa^ 
■bU, and  for  tba  rnrtharane*  of  Um  U^'iMniM;  naitkavii  it 
«WmM  F— ■Joto.  tfcnl,  in  Iwmt  tisM  af  (lant  aw|JnjWMl. 
kmfc  Ifaaai  a«aaa  w«  pm  into  onn  bM4,  I9  aamni  iMta. 
4.  Te  tUa  artiaa  wkmbjr  iba  »ol  foahU^  ef  Uw  aaiMv 
Maa,  in  tWo  kal  two  ymn,  kf  tbo  DnK  naaaadiit 
to  Uw  trat  and  dntjr  of  m  Ad^ni.  b  Ui  to  kb 


.  .'].      .. 

ban  toaraly  Ika^  hb  Wank,  nro  Uw  i 
liAalfag  of  tba  coart  vbh  piralai  and  mi^w.  tto 
Milaiigirii^  of  tfe  doBiaba   af  tbiM  Ma,  tka  a»- 
toiBi  law  of  iW  aarehanta  and  ^Magr  <f  Uw  tmda  and 
iti^fth  of  tba  kt«l« : — 
TU  Daka  aalutli  lUi  aatwv,  Tlat  ka  duakHli  nal  bal  ka 


lfc<taha>khnipMidw«afckwtotkalUV«iilglili 
aid  tiaa  af  twa  yoaw. by  pbatoi  and  laiali^yrt 
M  kapfwnad  ikra^  tko  n^bol  if  Ua  Dafcn,  m 
■  ordibfam  in  bte  ptoa:  fa  wImm,  a  teaar 


laar  lUp^  tko  Dnka  balk,  rinca  kaalUbjr  b«u.  and  baia« 
fpnaand  tbair  nnabar  to  ka  aaifc  ia  fin  iil;  to  mm  J«m 
i«i4.  Uhm  katb  mw  ban  faw*  Ikan  i«*  of  tha  Kii^* 


^  awlall  tkatowoUlmiriadanda 


i,  tfm  •>  r---t---.  aa^anialad  Bb  lUiatj 


t696]     Impeachment  of  the  Duke  of  Buckingham    31 

and  the  Cooncil  Board  therewith,  and  craved  their  advice,  and 
oaed  the  assistance  of  the  commiBsioners  for  the  Navy  in  this 
service ;  and  for  the  Dunkirkers,  who  have  of  late  more  infested 
these  coasts  than  in  former  years,  he  saith  there  was  that  provi- 
dence used  for  the  repressing  of  them,  that  His  Majesty's  ships 
and  the  Hollanders  joined  together,  the  port  of  Dunkirk  was 
blocked  up,  and  so  should  have  continued,  had  not  a  sudden 
storm  dispersed  them,  which  being  the  immediate  hand  of  God, 
could  not  by  any  policy  of  man  be  prevented,  at  which  time 
they  took  the  opportunity  to  rove  abroad ;  but  it  hath  been  so 
far  from  endangering  the  dominion  of  the  narrow  seas  thereby 
as  is  suggested;  that  His  Majesty's  ships,  or  men  of  war,  were 
never  yet  mastered  or  encountered  by  them,  nor  will  they 
endure  the  sight  of  any  of  our  ships;  and  when  the  Duke 
himself  was  in  person,  the  Dunkirkers  came  into  their  harbours. 
But  there  is  a  necessity  that,  according  to  the  fortune  of  wars, 
interchangeable  losses  will  happen ;  yet  hitherto,  notwithstanding 
their  more  than  wonted  insolency,  the  loss  of  the  enemy's  part 
hath  been  as  much  if  not  more,  than  what  hath  happened  unto 
us ;  and  that  loss  which  hath  fallen  hath  chiefly  come  by  this 
means,  that  the  Dunkirkers*  ships  being  of  late  years  exercised 
in  continual  hostility  with  the  Hollanders,  are  built  as  fit  for 
flight  as  for  fight,  and  so  they  pilfer  upon  our  coasts,  and  creep 
to  the  shore,  and  escape  from  the  King's  ships ;  but  to  preyent 
that  inconveniency  for  the  time  to  come,  there  is  already  order 
Xtkea  for  the  building  of  some  ships,  which  shall  be  of  the  like 
mould,  light  and  quick  of  sail,  to  meet  with  the  adverse  part  in 
their  own  way.  And  for  the  pirates  of  Sallee  and  those  parts, 
he  saith,  it  is  but  very  lately  that  they  found  the  way  into  our 
coasts ;  where  by  surprise,  they  might  easily  do  hurt ;  but  there 
hath  been  that  provision  taken  by  His  Majesty,  not  without  the 
care  of  the  Duke,  both  by  force  and  treaty  to  repress  them  for 
the  time  to  come,  as  will  give  good  satisfaction.  All  which  he 
is  assured  wi}l  clearly  appear  upon  proof. 

5.  To  this  article  the  Duke  maketh  this  answer ;  that,  about 
September  last,  this  ship  called  St.  Peter,  amongst  divers  others, 
was  seized  on  as  lawful  prise  by  His  Majesty's  ships  and  brought 
into  Plimworth,  as  ships  laden  by  the  King  of  Spain.  In  the 
end  of  October  or  beginning  of  November,  they  were  all  brought 


3a  Coftsiihitwnal  IhKumiHif  [tta* 

to  the  Tower  tif  Ixindon.  All  of  thrni  wcrr  t\\trt  unl^dfti  Imt 
the  IVter ;  hut  tlie  hulk  of  hor  gcMwls  ver«  Do(  ftirrid.  beeautt 
they  were  challetifr<Hl  hy  the  luhjeetA  of  the  French  King;  anil 
there  tltd  not  then  mp|>efir  •o  much  |'ro->f  mgmin»t  lier.  mod  the 
goodi  in  her,  mm  a^Ainit  the  n  tt.  About  the  middle  of  Nt>Temher, 
mllefrationi  were  f^nermlly  put  in  afrninat  tbem  all,  in  Um  Admiral 
Court,  to  juftifj  the  teizare;  and  all  the  prttendaote  were  called 
in  :  rpon  thepe  proceedinfr*.  diren  of  the  froode  were  condemoed. 
and  (liTer*  were  relea«e«l,  in  a  lefral  coarte  ;  and  other*  of  tkcn 
were  in  nuitpeiiM  till  full  proof  made.  The  eifcht  and  twentietb 
of  IVremWr,  complaint  wan  niaile,  on  the  liebalf  of  aome 
Frenchmen,  nt  the  Council  lioard,  concrminfr  thi»  ship  and 
othern ;  when  tlte  King  hy  advice  of  hit  Council  (Ui«  Majesty 
Iteing  prei^nt  in  |)erannV  did  onler  that  the  ship  of  NewhaTeB. 
calle<i  the  l*eter,  and  the  goods  in  her,  and  all  such  olber  guode 
of  the  other  prixea  ae  should  lie  found  to  appertain  to  Hia 
Majesty '■  own  tuhjects  or  to  the  rahjecta  of  Li*  good  brotber 
the  French  King,  or  the  State*  of  the  Cnited  Prorincetw  or 
any  other  princes  or  staten  in  friendship  or  allianra  with  Hie 
llajeety.  should  lie  delireretl :  Hat  this  was  not  afaaolote,  as  was 
suppof^i  hy  the  chsrge  :  hut  was  thus  qualified,  so  aa  tbej  were 
not  fraudulently  cohered :  and  it  was  referrsd  to  a  judicial 
pnHX'etiintr. 

Ai*c«>nling  to  this  great  and  honourable  direction,  tbt  King's 
Adro«*ate  procee<led  u|M>n  the  general  allegationa  fomerlj 
put  in,  the  sOth  of  January .  after,  there  was  a  eenteooe  in 
the  Admiralty,  that  the  I*etrr  should  lie  diacbarged ;  and  ibt 
King*  Advocate  not  having  then  any  knowledga  of  fvtber 
proof,  coiiM>iitetl  to  it. 

Hut  this  was  not  a  definitive  M*ntence.  but  a  sentence  inter- 
locutory, as  it  is  termed  in  that  court.  Witbin  foar  days 
after  this  ship  pr^|iare«i  herself  to  be  gone,  and  waa  falltBir 
down  the  nver .  then  came  new  intelligeooe  to  tbe  Lofd 
Admiral  hy  .Mr.  Lieutenant  of  the  T«twer.  that  all  tboae  aktp 
were  latien  hy  the  subjects  of  the  King  of  Hpain  in  Hpaia: 
that  the  Amirantaxgo  wsfted  tbem  heyood  tbe  North  Cape; 
that  they  were  Imt  ci<l«mreil  hy  Frenchmen ;  tbat  tbert  were 
witnesses  rsatiy  to  make  good  this  new  allegation;  naitbar 
was  It   inprubahie  to  be  so,  fur  part  of  tbe  gooda   IB   ibal 


i6a6j    Impeachment  of  the  Duke  of  Buckingham    33 

•hip  have  been  confessed  to  be  lawful  prize  ^  This  skip 
being  now  in  falling  do¥m  the  river,  and  being  a  ship  of  the 
most  value  of  all  the  rest,  the  Duke  acquainted  the  King 
therewith,  and  by  his  commandment,  made  stay  of  the  ship, 
lest  otherwise  it  would  be  too  late :  which  the  Duke,  in  the 
duty  of  his  place  of  Admiral,  as  he  believeth,  ought  to  have 
done  without  such  commandment;  and,  if  he  had  not  done 
so,  he  might  worthily  have  been  blamed  for  his  negligence; 
and  then  he  instantly  sent  for  the  Judge  of  the  Admiralty, 
to  be  informed  from  him  how  far  the  sentence  then  already 
passed  did  bind,  and  whether  it  might  stand  with  justice  to 
make  stay  of  her  again,  she  being  once  discharged  in  such 
manner  as  before.  The  judge  answered,  as  he  was  then 
advised,  that  it  might  justly  be  done,  upon  better  proofs 
appearing;  yet  discreetly,  in  a  matter  of  that  moment,  he 
took  time  to  give  a  resolute  answer,  that,  in  the  interim,  he 
might  review  the  acts  which  had  passed.  The  next  day  or 
very  shortly  after,  the  judge  came  again  to  the  Duke,  and 
upon  advice,  answered  resolutely,  that  the  ship  and  goods 
might  justly  be  stayed,  if  the  proofs  fell  out  to  be  answerable 
to  the  information  given ;  whereof  he  said  he  could  not  judge 
till  he  had  seen  the  depositions ;  and,  according  to  this  reso- 
lution of  the  judge,  did  five  other  learned  advocates,  besides 
the  King's  Advocate,  concur  in  opinion,  being  entreated  by 
the  Duke  to  advise  thereof,  so  cautious  was  the  Duke  not  to 
do  an  unjust  act.  Then  he  acquainted  the  King  therewith; 
and  His  Majesty  commanded  him  to  re-seize  this  ship,  and  to 
proceed  judicially  to  the  proofs,  and  the  Duke  often  required 
the  Eling's  Advocate  to  hasten  the  examination  of  the  witnesses; 
and  many  witnesses  were  produced  and  examined,  in  pursuance 
of  this  new  information ;  but  the  French  merchants  impatient 
of  any  delay  complained  again  at  the  Council  Board;  where 
it  was  ordered,  not  barely,  that  the  ship  and  goods  should 
be  presently  delivered  upon  security ;  and  upon  security  they 
had  been  then  delivered  if  it  had  been  given;  and  security 
was  once  offered,  but  afterwards  retracted ;  and  when  all  the 
witnesses  produced  were  examined  and  published,  the  King's 
Advocate,  having  duly  considered  of  them,  forthwith  acquainted 

^  '  Unlawful,*  in  L.  J. 


34  (nnsiihiiitmal  Doeumetiis 

tlip  Ihike  tliat  the  |»ru<if»  •  miit*  \***  iilii»tt  f^r  thr  IVter  .  a&nl 
themipou  tlie  Ihikr  (;kvp  onlf  r  in^tMiitly  for  hrr  fiiiftl  tliackArffr 
Mid  ilie  WAA  fli«<*harK**«l  liv  nnlrr  of  the  rtiart  acconlihirly  Ht 
which  true  iiarrfttion  uf  thr  fact,  ami  all  the  prorc«diii|r*.  the 
Duke  lM>prth  it  will  sufficivntly  ap|iear.  tliat  he  hath  iM»t  ilooe 
atijthinfr  hrn-iu  <>ii  hit  part  which  waa  not  juiti(ial»W.  aaii 
grounded  u|Mm  deliberate  and  well  a«lvi«ed  ciiou«rU  and  war* 
rants;  but  for  the  doiiiff  of  thii  to  hit  own  lucre  or  ailTantA;rt 
he  utterly  denieth  it  ;  for  h>*  ii.tith  that  tliere  wa*  i»ochiii|| 
renioTed  out  of  the  iliifi  but  Mime  moiiie*.  and  lofnf  small 
bn\e<  of  ittnnff  of  rery  niran  value,  and  (»ther  amall  |«nalil« 
thinu'*  ^A*T  to  be  eniU-yrled :  ami  wh.tt soever  was  taken  oat 
of  thr  ship  was  first  publicly  shewed  to  His  Majesty  kim«#U. 
and  then  commit teil  tii  th«*  custodr  of  <tabrirl  Marsh  in  tkt 
article  meutiuii«*«l,  br  invrntorr.  then  atid  still  Marsha]  of  the 
Admiralty,  by  him  tn  lie  safely  kept  :  whereof  tlie  money  was 
eniplojrd  for  the  Kiijr's  imme«liate  serrire  ami  by  his  direction, 
and  the  rest  was  left  in  safe  keepiufr.  nml  art*  all  since  delivertd 
and  reiinburse«l  to  the  ownrm  or  pretended  owners,  and  not  a 
penny  profit  thereof,  or  thrrrby.  hath  comr  to  the  Ihike  hiinstlf. 
aa  shall  l«  nia«ie  f(«iod  by  pnnif.  ami  whereas  the  ininrratmi 
bath  Wn  mad«*.  that  this  a<*cidrnt  was  the  must  of  tbeeafanrfo 
of  the  shifia  ami  giols  of  otir  ni**rchanta  tradin|r  for  Frmooe,  he 
aaith  that  it  is  utterly  mistaken ;  for  diTers  of  tbeir  iP^xb 
were  embar|(ued  before  this  happenetl;  and.  if.  in  troth  tW 
French  had  therein  received  that  injury  aa  either  they  pre- 
tended or  is  pretended  for  them,  yet  the  embarifoinf  of  tbe 
goods  of  the  Knglinh  upon  that  orcaaion  was  atteily  ilWgml 
and  unwarrantable,  for  bv  the  nuitoal  articles  lietween  the  two 
Kinffs  they  ought  not  to  have  rightc<i  tbemselvce  before  leffal 
com  plaint  and  a  denial  on  our  patt  and  then  by  way  of  rvpriaAl 
and  not  by  eml*rgo.  so  that  the  Duke  doch  hnnUy  leave 
it  til  the  cotisitleration  of  your  I«orUhtpa«  whether  the  har« 
which  hath  hapjieiied  to  our  merrhauts  halh  nut  he«n  OKtre 
occasion«M|  by  the  uhsta^o liable  justifying  of  the  actiooa  of  tbe 
Krritoh,  which  animate<l  th«*m  to  incrvaae  their  injurice.  than 
by  aii%  act  niher  bt  the  Duke  or  anv  other. 

^.  To  this  article  wh:ch  comisteth  of  two  main  pointa.  the 
of>e  of  the  eitorting  of  ten  th^^usand  pounds  unja^tly 


i6a6]     Impeachment  of  the  Duke  of  Buckingham     35 

and  without  right  from  the  East  India  Ck>mpany ;   the 

other,   admitting    the    Duke    had    a    right    as    Lord 

Admiral,  the   compassing   of    it  by  undue  ways,  and 

abusing  the  Parliament  to  work  his  private  ends : — 

The  Duke  giveth  this  answer,  wherein  a  plain   narration 

of  the  fact,  he  hopeth,  will  clear  the  matters  objected;    and 

in  this  he  shall  lay  down  no  more  than  will  fully  appear  upon 

proof. 

About  the  end  of  Michaelmas  term  1623,  the  Duke  had 
information  given  him,  by  a  principal  member  of  their  own 
Company,  that  the  Company  had  made  a  great  advantage  to 
themselves  in  the  seas  of  East  India,  and  other  parts  of  Asia 
and  Africa,  by  rich  prizes  gotten  there  forcibly  from  the 
Portugales  and  others ;  and  a  large  part  thereof  was  due  to 
His  Majesty,  and  [to]  the  Duke  as  Admiral  by  the  law,  for  which 
neither  of  them  had  any  satisfaction. 

Whereupon  directions  were  given  for  a  legal  prosecution 
in  the  Court  of  Admiralty,  and  to  proceed  in  such  manner 
as  should  be  held  fittest,  by  the  advice  of  counsel. 

In  the  months  of  December  and  January  in  that  year,  divers 
witnesses  were  examined  in  the  Admiralty,  according  to  the 
ordinary  course  of  that  court,  to  instruct  and  furnish  an  in- 
formative process  in  that  behalf. 

After  this,  the  tenth  of  March  1623^,  an  action  was  com- 
menced in  that  court,  in  the  joint  names  of  His  Majesty  and  the 
Admiral,  grounded  upon  the  former  proceedings.  This  was 
prosecuted  by  the  King's  Advocate,  and  the  demand  at  first  was 
fifteen  thousand  pounds.  The  action  being  thus  framed  in  both 
their  names,  by  the  advice  of  counsel,  because  it  was  doubtful  in 
the  judgment  of  the  counsel,  whether  it  did  more  properly 
belong  to  the  one  or  to  the  other,  or  to  both ;  and  the  form  of 
entering  that  action  being  most  usual  in  that  court;  on  the 
28th  of  April  1624  the  judicial  agreement  and  sentence  there- 
upon passed  in  the  Admiralty  Court,  wherein  the  Company's 
consent  and  their  own  offer  plainly  appeareth ;  so  that,  for  the 
first  point  of  the  right,  it  was  very  hard  to  conclude  that  the 
Duke  has  no  right  contrary  to  the  Company's  own  consent,  and 
the  sentence  of  the  court  grounded  upon  their  agreement,  unless 

^  L  0.  i6a|. 
D  2 


Con^tuHamal  Doaumtnts 


\ 


nft  WM  jMl.  or  at  liMt «  pnUUv,  H  tU  OMpMV  wOliii^ 
dMirvd  ft  fcr  Uwir  MMi,  far  lU  Mumr  wH  JMl  m4  bMMf^ 
•hi*;  jvm  LoHdilpa  m»  huRhl;  ntnstod  U  plum  IImm 
fav  ina  dnswMUwM.  TW  mU  bi  Um  Adaiinkf  kfui 
dWvn  moaUia  Wfon  tU  lint  MtnUan  of  it  in  rwriiiMMl ; 
wd.  MM  BMtto  bdbra  Ibt  iNfiuliV  of  tW  P»riiiMi«t.  K 
WM  fawacBtaJ  is  >  l((d  aoant,  nd  npos  twfc  p««»Ai  >•  \m 
jM  BMBtBiiMd  to  U  jot.  Tlw  MMpodtiM  Had*  by  \h» 
Cb«|Mi>r  «M  not  aovid  hf  tha  0«ka;  bat  Ua  bla  lUiaalj 
UMair,  Ml  tfca  baWr  oT  UmmV  anl  «f  tta  IMw,  Inatod  villi 
ditm  Banban  «r  tW  CoMfwqr  abasl  ft,  and  tka  Daks  UmbV 
tfaalad  aal  a  aB  wHk  thM. 

Dm  Owpaay,  wUhaat  aajr  eespakiaM  at  aU,  lywd  to  tka 
flMpMhian;  nat  tkat  thay  mm  wOSaff  to  giva  aa  wafc  V 
tlwjr  might  Iwfa  wef  id  Ibr  aolfciav,bal  Um^  wtf*  «iUii«  to 
gifa  m  nadi  nlkar  Utoa  to  boMd  Iha  aaaaaaa  af  llw  mH. 
1  aeapeailka  soealadad  by  Hia   Ifa^nty,  tte 


^■at  tbaa.  "nw  aatioa  ia  Partiawrt.  aboal  tba  alaay  af 
tfaa  Cbnpaay'a  aU|M  tiwi  rmAy  prtfarad  aad  Iknuabad,  waa 
aal  aot  of  aajr  raipaat  tha  ratbar  to  draw  Unm  to  lin  Iba 
aoaipMitiiia.  bat  rarily  oat  oT  aa  apprahaadoa  tbal  liwra  MJfbl 
\muni  af  tUr^rmftbfertitodafiaaaartbanBlBalbaaa; 
uaA,  tf  M.  tbaa  all  prirato  rarpaeto  aaiat  gm  wajr  to  tha  |i«bfit 
latanaL  Thaae  Mf»  apa«  tba  lapMlaHy  af  tk  ■wrtiali. 
aad  tmmm  giraa  bjr  Uiaa^  van  aagwad  nmHliiliw  to  Ml 
d»«B  to  IHbarr.  tv  Ua  lato  a^arty-a  dirartiaa.  to  ifaad  iMr 
t«7V  Iba  balMr,  wUkl  Ibay  Mlghl  ba  aDiimwidilil  far  Ihia 
TCTaga  arltbaal  prQadJui  to  tlw  paldfa  afalr.  Ikqr  «■«  4i» 
abwgad  wImi  tbara  «aa  ••  aaaoaaaadaaian  pnfMitodad  mA 
allMnd]  «Ueh  va%  that  tbaj  aUdd  fartbvitb  (vafwa  alkar 
alOpa  far  Ika  batoa  ttnim.  vbilal  UH7  aaal  aa  aritb  tUr 
varaga:  «bU  tbay  iiiBilliigly  dU. 

Tkat  tba  atotian  Mada  ia  «ka  Oowaoa^  Ha< 
Um  Daka'a  kaevlcdp  or  pririlj:  I 
tbat  tba  Dafca  bad  dn««  aa  tba  »Bga«tlia  Vr  "^W  ^  *^ 


x6o6]     Impeachment  of  the  Duke  of  Buckingham    37 

ships  which  were  then  gone,  the  Duke  was  so  much  offended 
thereat,  that  he  would  have  had  the  formal  communication  to 
have  broken  off,  and  have  proceeded  in  a  legal  course ;  and  he 
sent  to  the  Company  to  that  purpose.  But  the  Company  gave 
him  satisfaction  that  they  had  raised  no  such  rumours,  nor 
would  nor  could  avow  any  such  thing,  and  entreated  him  to  rest 
satisfied  with  their  public  act  to  the  contrary.  That,  after 
this,  their  ships  being  gone,  themselves,  careful  of  their  future 
security,  solicited  the  dispatch  of  the  composition,  consulted  with 
coonsel  upon  the  iDstruments  that  passed  about  it,  and  were 
at  the  charge  thereof;  and  the  money  was  paid  long  after  the 
sentence,  aud  the  sentence  given  after  the  ships  were  gone,  and 
no  security  at  all  given  for  the  money,  but  the  sentence ;  and 
when  this  money  was  paid  to  the  Duke,  the  whole  sum  (but 
two  hundred  pounds  thereof  only)  was  borrowed  by  the  King, 
and  employed  by  his  own  officers  for  the  service  of  the  Navy. 
If  these  things  do  upon  proof  appear  to  your  Lordships,  as  he 
18  assured  they  will,  he  humbly  submitteth  to  your  judgments, 
bow  far  verbal  affirmations,  or  informations  extrajudicial,  shall 
move  your  judgments,  when  judicial  acts,  and  those  which  were 
acted  and  executed,  do  prove  the  coutiary. 

7.  To  this  ai-ticle,  which  is  so  mixed  with  actions  of  great 
princes,  as  that  he  dareth  not  in  his  duty  publish  every  passage 
thereof,  he  cannot  for  the  present  make  so  particular  an  answer 
as  he  may,  and  hath,  and  will,  do  to  the  rest  of  his  charge. 

But  he  giveth  this  general  answer,  the  truth  whereof  he 
humbly  prayeth  may  rather  appear  to  your  Lordships  by  the 
proof  than  any  discourse  of  his,  which,  in  reason  of  state,  will 
happily  be  conceived  fit  to  be  more  privately  handled. 

That  these  ships  were  lent  to  the  French  King  at  first  without 
the  Duke's  privity ;  that,  when  he  knew  it,  he  did  that  which 
belonged  to  an  Admiral  of  England,  and  a  true  Englishman ; 
and  he  doth  deny  that,  by  menace,  or  compulsion,  or  any  other 
indirect  or  undue  practice  or  means,  by  himself,  or  by  any 
others,  did  deliver  those  ships,  or  any  of  them  into  the  hands  of 
the  French,  as  is  objected  against  him. 

That  the  error  which  did  happen,  by  what  direction  soever  it 
were,  was  not  in  the  intention  any  ways  injurious,  or  dis- 
honourable, or  dangerooi  to  this  state  or  prejudicial  to  any 


38  CoHsiiiuiwnal  DocuPHtHis  {1%^ 

|irivfti«  nuui  iiiUreited  in  aiiv  of  tkow  »hi|Mi ;  iior  ouaM  Uavc 
given  Aoy  juiit  ofTrnce  at  all.  if  lbi>9e  priimiam  I  mil  U-ro  olMerrrJ 
l)V  others,  whiili  wrre  pn»frt!>«*i  and  rralh  |»«Tl«iriiiid  bj  Hi« 
M»jrMy  anil  hii  hulijrcti  on  their  |>artA. 

Sinir  tin*  iKikr'n  answer  delivrrtil  into  the  huute.  lie  hath 
himself  uivnly  drcUrt-cl  tu  tlieir  liord^hipt.  that  for  the  letter 
i-|rarinf(  of  hi*  honour  ami  lidrlity  to  the  rtatr  in  ttiat  pait  oC 
hill  iharf^e  which  it  ubjet't^  a^^iu^t  him  by  this  terenth  artiile. 
he  hath  hern  an  earnest  aii«l  humble  tuitLrr  to  Hit  Majctty.  t«> 
give  him  ha\r,  in  hi^  |ir(i«if.  to  unfuhl  the  nholr  trutii  and  M«nri 
of  that  f?rrat  action;  and  bath  obtained  Mi*  Majeaty*»  irracioua 
le.ive  thrnin ;  and  arc«irdin^»ly  doth  intend  to  make  »ucb  o|«n 
anil  oIr.tr  |iriNif  t)ieie«d.  that  he  nothing  diiubtrth  l«ut  tlie  tame, 
when  it  nliall  a|>|iear,  will  not  only  clear  bim  froni  blame,  bat  be 
a  tr^timony  of  bis  rarr  and  fAtthtuIueft*  in  servinfr  the  stait. 

H.  To  tliii  nrticlr,  whrr«*witb  he  is  taxed  to  hate  |»rai-titrd 
for  th**  eni|»Ioynifnt  of  the*  fihi|i«  affainit  Horhrllr.  lie  answrrrtb. 
that  ■«»  tar  from  |rai'ti^iii|f  it  o»h»entin|;,  that  tlie  »aid  tliipa 
should  so  far  )m*  cntitloyrtl ;  that  hr  sliall  make  it  clearly  apipear. 
th.it,  wlirn  It  wa**  diroi^rrid  that  thry  wimld  !«  emfdoyed 
auiiiii^t  thiiM*  of  thr  nlipon.  tlie  |»rot«'«tatitin  of  the  Frruch 
U  iiik'  c»t)iiiMi>r,  un<l  thrir  prt-trncr  lirinu'  that  tlierr  was 
a  |>«.tir  iiiiitludf'tl  with  thii«e  of  the  rrliin^ii.  and  tliat  the 
Frriuh  Kiiit;  w«>ulil  um*  those  ships  affain^t  (friKA,  which  had 
)p<-<n  an  ACtixn  i«f  ii«»  ill  c<«nMM|uruc«*  to  the  affjiin  of  (*hn*trii* 
diMii ;  tlie  I>iikr  dd  hv  ull  tit  and  h>*nourablf  mraD<i  eiidf*avuar 
todi\frt  thr  o»urM*  ot  th<'ir  rniploymi-itt  ai;ain«t  lUichrllf .  ami 
hr  d«  til  trulv  and  lioldU  ;tffiim,  that  hii  en«i«*a\<'nn  under  th« 
ri<>.tl  i-arr  fl  his  m«t»t  exi-rllrnt  Majenty,  hath  U^n  a  yvrat  part 
of  thf  ni«*aii-  tu  prtiM'ivr  the  tfwn  of  I«tM-)M-l!e.  aa  tliv  pruufa 
wh«*n  t).r\  AxrnW  U*  pritlurid  ^ilj  m.ikp  a|'|ir«r  .  and  when  Ilia 
Mii:r«f\  did  tind  th.it.  )«  \o{.d  his  intentinn  atnl  n  ntrart  to  the 
failht  •!  |-i>>nti-r«  **'.  thr  FivMh  th«y  were  H>  miMmployed,  hm 
fouid  h  ni*^  it  Uui.il  ill  h>'iM>tir  to  intrrirtle  with  the  mosC 
i'hii»!ian  Kin;*.  Lis  p«4l  l-n>lh«*r,  ttir  thr  |MMce  ot  that  toVB 
aii>l  tf  the  rrlik'K'ii.  I*  ^t  111*  Maj' »t\  ^  l.«>itt  ur  niu'i.t  utherwiae 
■uilt-r  .  which  intrrcr^M- n  lli>  Maj'-stjb  did  s«^uK>u»Iy  and  so 
successfully  purs.it  that  that  t«i«n  and  the  rrli|(iou  there  will 
and  do  acknowlctigr   the   fiuita   thtm»f.     And  whereat  it  it 


i6a6]     Impeachment  of  the  Duke  of  Buckingham     39 

further  objected  against  him,  that  when,  in  so  un&ithfii] 
a  manner,  he  deliyered  the  said  ships  into  the  power  of  a  foreign 
state,  to  the  danger  of  the  religion,  and  scandal  and  dishonour 
of  our  nation,  which  he  utterly  denieth  to  be  so ;  that  to  make 
his  ill  intentions  in  cunning  and  cautelous  manner  he  abused 
the  Parliament  at  Oxon,  in  affirming,  before  the  committees  of 
both  houses,  that  the  said  ships  were  not,  nor  should  be,  so 
used  or  employed ;  he  saith,  under  the  favour  of  those  who  so 
understood  his  words,  that  he  did  not  then  use  those  words 
which  are  expressed  in  the  charge  to  have  been  spoken  by  him ; 
but,  there  being  then  a  jealousy  of  the  mis-employing  of  those 
ships,  but  the  Duke  having  no  knowledge  thereof,  the  Duke 
knowing  well  what  the  promises  of  the  French  were,  but  was 
not  then  seasonable  to  be  published ;  he,  hoping  that  they  would 
not  have  varied  from  what  was  promised,  did  say,  that  the  event 
would  show ;  which  was  no  undertaking  for  them;  but  a  declara- 
tion of  that  in  general  terms  which  should  really  be  performed, 
and  which  His  Majesty  had  great  cause  to  expect  from  them. 

9.  That  the  Duke  did  compel  the  Lord  Hobartes  to  buy  his 
title  of  honour,  he  utterly  denieth;  and  he  is  very  confident 
that  the  Lord  Bobartes  himself  will  not  affirm  it,  or  anything 
tending  that  way;  neither  can  he  or  any  man  else  truly  say  so; 
but  the  said  Duke  is  able  to  prove  that  the  Lord  Robartes  was 
before  willing  to  have  given  a  much  greater  sum,  but  could  not 
then  obtain  it ;  and  he  did  now  obtain  it  by  solicitation  of  his 
own  agents. 

10.  For  the  selling  of  places  of  judicature  by  the  Duke,  which 
are  specially  instanced  in  the  charge ;  he  answereth,  that  he 
received  not,  nor  had  a  penny  of  these  sums  to  his  own  use ; 
but  the  truth  is,  that  the  Lord  Mandeville  was  made  Lord 
Treasurer  by  his  late  Majesty,  without  contracting  for  any 
thing  for  it ;  but,  after  that  he  had  the  office  conferred  upon 
him,  his  late  Majesty  moved  him  to  lend  him  twenty  thousand 
pounds,  upon  promise  of  re-payment  at  the  end  of  a  year.  The 
Lord  Handeville.  yielded  to  it,  so  as  he  might  have  the  Duke's 
word  that  it  i^hould  be  re-paid  unto  him ;  accordingly  the  Duke 
gave  his  word  for  it.  The  Lord  Mandeville  relied  upon  it,  and 
delivered  the  said  Eum  to  the  hands  of  Mr.  Porter,  then  the 
Duke's  servant,  by  the  late  King's  appointment,  to  be  disposed 


40  ConthtHHamat  Demmmh 

MBialUHtydHvUdinel:  od  ■nrntili^ty  ttrt  wty 
«M  Mtr  pud  oat  to  olUn;  ud  Ifc*  Dvfe  bmIW  1 
ft  pawj  llwwrf  lo  Ui  ovft  MM,  M  li  NggMlad  nfthwl 
And  ftftom^  wbea  Un  Locd  XftidmlU  Ml  tlwl  |lMh  Mi 
\m  mao»j  wu  not  rtfMkU  hta.  U  ufad  tk»  DbIw  ipoM  Ua 
pnmiai;  ohcnafna  tb  Dokn,  huf  JmIom  of  kk  Immbt, 
ftad  to  knp  Ui  »nl,  wkt  l«nnf  woaaj  to  ^mj  Ite,  W  ■aarad 
kwb  (/ha  «wft  to  tW  lionl  HmhUiUU  far  Ui  Mcvhr. 

Bvl  wImb  lk«  Doha  vm  ia  flfwa  tkft  Utd  MftadMSOa 
vbtobHd  •  pcmiM  frm  U*  kto  lUMr  "^  mm  bHb  ta  Iw 
fitfw,  to  nek  ft  «dM  M  W  MHptad  W^Un  mm  to  HtiArtfa* 
•ftkiaddBOMr;  vbiak  vera  ftftraHi  pMftftd  Mto  Ua : 
ftsd.  ftl  Um  D«k*-a  mwrm.  tU  Unl  Mud-nlk  daUnnd  Ivb 
•Bto  him  Um  BKuilj of  tht  Dska'a  kada  wUek  ^d  bna  givM 
■■to  kia  »  ■faiwdil. 

Aad  for  iIm  lU  lhoM»ftd  pwdi  — ppi— I  to  kat*  kaaa  t^ 
wAnA  \rj  Um  Doka  ht  fnauia^  to  tk«  i:w)  al  IThUIcmx  tk« 
Mariankip  ol  tka  Wanla,  U  sttoHj  daniaUi  it ;  hat  afbrvardi 
ba  kaaid  tkftl  tka  EatI  a(  ITuUkm  did  diaban*  aix  tko^^ 
poaada  abgat  tk»t  baM ;  and  kM  Uto  Hiycrt;  toatoarf  tka 
■UM  npoa  Hir  Uaory  Uildna^,  Ua  aaraal,  wilbnrt  iIm  Oaka'a 
|vi«it7 1  aad  k*  kad  h  aad  m^j^  it,  and  w  paoaj  af  it  nmi 
to  tka  IMh*.  at  to  Ua  Mk 

II.  Tu  tkia  articla  tka  Daka  ftBa«<mk,  ibt  it  te  Iraa  tJM 
kii  kla  TttiMtj,  oat  of  kia  roral  Civaar  aato  hi*.  I»i^ 
hMMvnd  tka  Diika  tiJiawlf  witk  bmiij  iHlaa  amI  difaktoa  aT 
hi*  baoalj,  aad  aa  a  gnat  ftiyiwMt  it  kit  fiaaaly  paaa,  did 
ftiM  tkiak  It  to  kaoaar  tbMo  wb>  «««a  la  afMl  dapaa  af 
Uaad  vitk  Ub.  aad  atoa  to  amtoUa  tkvr  Mtk«.  «Ih  waa  tk 
ataoh  tkat  kara  tkoK     Tka  tiUa  a(  OaoalaM  af  OMUnka^ 


At  Utk  aatkiim  tnm  ll»  Cnnre  bat  a  titla  af  kaaw  wkiak 
diftkvitkkw.  Tka  titlw  toatoiJ  apaa  tka  Th— M  Paikaih. 
tka  Daka'a  aldar  kratlwr,  W«  Mafcmd  apaa  bha.  wka  «m 
ft  aanaat  aad  af  Ika  bad-dMsbar  to  kk  aa*  1U>h*7.  (hn 
priaaa,  kj  bia  Hifkarai'a  a>Maa.  Th*  Eari  alAa^Ma  vaa  al 
Ua  lato  Uw^j\  b«l<dM»h*r.  aad  tka  kaaaan  aad  laadi 
flonbcTad  on  kin  vaa  dona  wfaw  tka  baka  waa  ia  f^a.  TW 
lari  W  OMbifh  Utk  tka  kaaaan  ■iiiirnil  to  tka  cterf.; 


ite6]   Impeachment  of  the  Duke  of  Buckingham     41 

bat  he  hath  not  a  foot  of  land  which  came  firom  the  Crown,  or 
of  the  King's  grant. 

Bat  if  it  were  trae  that  the  Dake  had  procured  honours  for 
thoee  that  are  so  near  and  so  dear  unto  him ;  the  Law  of 
nature,  and  the  King's  royal  favour,  he  hopeth,  will  plead  for 
his  excuse ;  and  he  rather  believeth,  he  were  to  be  condemned 
of  all  generous  minds,  if  being  in  such  favour  with  his  master, 
he  had  minded  only  his  own  advancement,  and  had  neglected 
those  who  were  nearest  unto  him. 

I  a.  To  this  article  he  answereth  this,  that  he  doth  humbly, 
and  with  all  thankfulness,  acknowledge  the  bountiful  hand  of 
his  late  Migesty  unto  him  ;  for  which  he  oweth  so  much  to  the 
memoiy  of  that  deceased  King,  and  to  the  King's  most  Excellent 
Majesty  that  now  is,  and  their  posterity,  that  he  shall  willingly 
render  back  whatsoever  he  hath  received,  together  with  his  life 
to  do  them  service.  But  for  the  immense  sums  and  values 
which  are  suggested  to  have  been  given  unto  him,  he  saith 
there  are  very  great  mistakings  in  the  calculations,  which  are 
in  the  schedule  in  this  article  mentioned ;  unto  which  the  Duke 
will  apply  particular  answers  in  another  schedule,  which  shall 
express  the  truth  in  every  particular  as  near  as  he  can  collect 
the  same;  to  which  he  referreth  himself;  whereby  it  shall 
appear  what  a  great  disproportion  there  is  between  conjectures 
and  certainties.  And  those  gifts  which  he  hath  received,  though 
he  confesseth  that  they  exceed  his  merit,  yet  they  exceed  not 
precedents  of  former  times.  But  whatsoever  it  is  that  he  hath, 
or  hath  had,  he  utterly  denieth  that  he  obtained  the  same  or 
any  part  thereof  by  any  undue  solicitation  or  practice  or  did 
unduly  obtain  any  release  of  any  sums  of  money  he  received. 
But  he  having  at  several  times,  and  upon  several  occasions, 
disposed  of  divers  sums  of  the  monies  of  his  late  Majesty,  and 
of  His  Majesty  that  now  is,  by  their  private  directions,  he  hath 
releases  thereof  for  his  discharge;  which  was  honoumble  and 
gracious  in  their  Majesties,  who  granted  the  same  for  their 
servant*s  indemnity,  and  he  hopeth  was  not  unfit  for  him  to 
accept  of,  lest  in  future  times  he  or  his  might  be  charged 
therewith,  when  they  could  not  be  able  to  give  so  clear  an 
account  thereof,  as  he  hopeth  he  shall  now  be  well  able  to  do. 

13.  To  this  charge  which  is  set  forth  with  such  an  expression 


4a  ComstiiHiioHal  DocHnmUs  [ 

of  WQnb  B9  might  ar|(ar  mn  exfrBonliiiary  guiltiiiMi  in  Um 
Duke,  who  bjr  ■ach  inCinuiCc  lioti«U  of  datj  and  thmnkfulncat. 
WM  obliifeil  to  \n9  tcDcirr  of  thr  Iif«  •ml  beslth  of  hit  iDnsI 
drmd  ftn>l  dear  K>vrrei|;ii  «ii<l  ina»trr.  he  nuhrth  tliti  clmr  and 
true  AiiftWiT,  thdt  hr  did  neitlirr  a|  |>1t  nor  procure  tlie  pUiatrr 
or  |M»s»et  dr.iik.  in  the  charge  trrnit^l  to  lit  %  |M>tiou.  unto  lib 
Maj«»ty.  nnr  w*a  prmrnt  when  the  ramr  was  fint  taken  or 
«|iplitd;  but  the  ttuth  !■  tbie,  that  Hi*  llajnty  l«it<ir  •ack  of 
an  afOA'f  he  took  notice  of  the  Duke't  rvHrtiTery  of  an  Hpie  not 
looK  liefore;  and  aakrd  htm  liow  be  rcc(»Ter«d,  and  what  lie 
found  did  hioi  oioet  good.  The  I  hike  ipive  him  a  parikular 
iinnwer  thrnto;  and  that  unv  «Imi  wae  the  (latl  of  Warwick'^ 
phviiiiiiu  hrtd  miniiteretl  a  pUUtrr  and  a  poeret  drink  ant«> 
liim;  and  the  chief  thin^r  \\\mi  did  him  gooil  wu  a  vomtl,  which 
ht?  wishid  the  King  hail  taken  in  the  brgiuning  of  hit  tickoeai. 
The  King  waJi  very  drtiiuus  to  haTi*  that  pUiitcr  and  pjatet 
drink  wnt  fur;  but  the  I>uke  deUycd  it;  whereufion  the  King 
ini|iutirntly  aake<l  whelhtr  it  waa  trnt  for  or  nc*t;  and  finding 
by  th«*  I>iike'i  fi|ie«che«i  that  he  hail  nut  ernt  fur  it,  hii  late 
Majtvtv  trnt  for  John  lUkrr,  thr  nukr*4  teiTant.  and  with  hit 
own  mouth  cuuiniuiidrd  hiui  to  i;o  fi^r  it.  Whereupon  the  Ihike 
Ijetou^ht  llii  Mnjraiy  not  to  m«ke  u*e  of  it,  but  by  the  adTiet 
«if  tii^  own  |ih\*ician».  i;ot  until  it  fhouM  br  tir«t  trifd  by 
Jamr*  Talii.ti  of  bin  Im d-i-h«mber.  who  was  then  tick  of  an 
ague,  and  upi'U  two  childrrn  in  thf  town,  ahich  the  King  aud 
he  Wf  uM  do.  And  in  thit  refM>lntion  thr  Puke  left  Hit  llajetty, 
and  wmt  to  l.tiiidon ;  at.d  in  the  mean  tine,  in  hi>  alivrnce.  th« 
|ilai»tir  aid  |iii»ti*t  drink  wan  l>ri*Utfht  and  aiiptieal  by  hit  lat« 
M«j-9fyt  <'«in  ct'Mimand.  At  the  Puk<*'«  rrturn.  Hit  Majracy 
w.!*  ill  Ltking  thf  |MHk*rt  «!riiik  ;  an*!  the  King  then  ci>mmand«d 
the  Duke  to  i;ive  it  to  him.  whirh  hi*  did  in  the  |-rciwnc«  of 
louif  if  thr  Kifig't  phy»iciant,  they  then  no  way*  areming  to 
di»lik«  it ;  the  MUie  drink  Wtng  firvt  takrn  by  aoice  of  tbefn, 
and  divrre  of  thr  Kin;;'»  l'ril-chaml>er;  and  be  thinkftk  thia 
wai  th<*  ari'tind  tine  thf*  King  took  it. 

.\it«rwan!t.  when  tlte  King  giew  Mim'what  wort*  than 
lirt-  le.  the  Puke  heanl  a  rumour  at  if  thi«  ph}tic  hMl  doce  tba 
Kiig  hurt,  and  that  the  Duke  had  minittered  that  phytic  unto 
h.m  mithvut  ail « 111'.     'I  he  Puke  Ac«|aaintail  tha  King  tbert- 


i6a6]    Impeachment  of  the  Duke  of  Buckingham     43 

with.  To  whom  the  King,  with  much  discontent,  answered 
thus:  'They  are  worse  than  devils  that  say  it;'  so  far  from 
the  truth  it  was,  which  now  notwithstanding  (as  it  seemeth)  is 
taken  up  again  by  some,  and  with  much  confidence  affirmed. 
And  here  the  Duke  humbly  prayeth  all  your  Lordships,  not  only 
to  consider  this  truth  of  his  answer;  but  also  to  commiserate 
the  sad  thoughts  that  this  article  hath  revived  iu  him.  This 
being  the  plain,  clear  and  evident  truth  of  all  those  things 
which  are  contained  and  particularly  expressed  in  his  charge 
(the  rest  being  in  general  require  no  answer) ;  he  being  well 
assured  that  he  hath  herein  affirmed  nothing  which  he  shall 
not  make  good  by  proof,  in  such  way  as  your  Lordships  shall 
direct.  He  humbly  referreth  it  to  the  judgment  of  your  Lord- 
ships, how  full  of  danger  and  prejudice  it  is  to  give  too  ready 
an  ear  and  too  easy  a  belief,  unto  reports  or  testimony  without 
oath,  which  are  not  of  weight  enough  to  condemn  any. 

He  humbly  acknowledgeth  how  easy  it  was  for  him,  in  his 
young  years  and  unexperienced  to  fall  into  thousands  of  errors, 
in  those  ten  years  wherein  he  had  the  honour  to  serve  so  great 
and  80  open-hearted  a  sovereign  and  master;  but  the  fear  of 
Almighty  Gkxl,  his  sincerity  to  true  religion  established  in  the 
Church  of  England  (though  accompanied  with  many  weak- 
nesses and  imperfections,  which  he  is  not  ashamed  humbly  and 
heartily  to  confess)^  his  awfulness  not  willing  to  offend  so  good 
and  gracious  a  master,  and  his  love  and  duty  to  his  country, 
have  restrained  him,  and  preserved  him  (he  hopeth)  from 
running  into  heinous  and  high  misdemeanours  and  crimes. 
But  wliatsoeyer,  upon  examination  and  mature  deliberation, 
they  shall  appear  to  be,  lest  iu  anything  unwittingly  or  un- 
willingly within  the  compass  of  so  many  years  he  shall  have 
offended,  he  humbly  prayeth  your  lordships,  not  only  in  those, 
but  as  to  all  the  said  misdemeanours,  misprisions,  offences  and 
crimes,  wherewith  he  standeth  charged  before  your  Lordships, 
to  allow  unto  him  the  benefit  of  the  free  and  general  pardon, 
granted  by  his  late  Majesty  in  Parliament  in  the  one  and 
twentieth  year  of  his  reign,  out  of  which  he  is  not  excepted ; 
and  of  the  gracious  pardon  of  his  now  Majesty,  granted  to  the 
said  Duke,  and  vouchsafed  in  like  manner  at  the  time  of  his 
most  happy  inauguration  and  coronation;  which  said  pardon 


44  ComstihUumai  Doamanls  (■«•§ 

ooder  the  Oreftt  8c«l  of  EnirUiid  grmiiled  to  Um  Mid  I>ak«, 
btftring  dftir  tlie  i«Dlh  d^y  of  Frbnuij  now  bwt  p«ct.  Mid  brrv 
it  kbowD  furtb  to  your  Ix>rdfthi(«.oii  which  h«  dolh  bamblT  reljr 
And  }'rt  he  boprih  jnur  Loidahifit  in  juur  jiutire  and  h4ini>ur. 
upon  which  with  coAlitlfiice  he  putt  htniiplf,  will  Arquit  hia 
of  and  fiom  tbi«e  iiiiftirma»nour«.  offrncc*.  nii»|>ri»itint,  and 
criinr*,  whrrcwith  he  hath  l>r«n  charK^d.  And  he  hopeth  aad 
will  daily  pray,  tliat  for  thr  futun*.  he  shall,  by  Ctod'i  Kract.  to 
watch  ovrr  hi»  actiona,  buth  public  and  private,  thai  ha  thall 
sol  gira  any  juat  offence  to  any. 


4.  Tub  lUaTBAianr  or  the  Eabls  of  Afti*VDBL 

A3ID    IlaidTOL. 

A.   Ctfmplaimi  of  tkt  Ifoum  of  Lords  in  AfHt^JsTB 

[Mareb  14.  i6j6     l^mW  JmmaU.  Hi.  5  j6.    He*  Bui  ^f 

Kmgl.  ti.  VI,  91. 1 

The  Karl  of  Amndr]  lirinf(  miiitnilted  by  the  Kin^r  to  the 
Tower,  vitting  the  l*»rliatiieiit,  the  lIiMiie  wm  movfiil,  to  take 
the  aatnr  iutu  their  con^ideratiun.  and  ki  t*i  ivrtMTed  tbrfvia.  aa 
they  mi^'ht  (five  no  junt  cffrnce  to  Hit  llajrety,  and  yet  praterve 
the  pri%iUge  of  rarliaiunit. 

Tlie  I^tnl  Kei  |H*r  therru|«»n  M(fniti«-d  to  the  Hon>e.  that  he 
waa  rom mandril  to  ileliver  thii  ni«*Mia|^  fn>ni  Hit  Majeaty  unto 
tlieir  I^'nUhi|»,  \ix.  Tliat  the  I'Url  t*f  Arundel  «aa  re«tiained 
for  a  miMli  meanour  whiih  was  |ierfi)nal  unto  lii*  l|jije«ty  and 
lay  in  the  |>n>prr  knowlrtlife  of  Ilia  Majesty,  and  had  no  relatioa 
to  maltrr*  of  I'ailiament. 

R  /VriffON  of  ikf  /;«ir/  of  Rnttiii. 
[Msrrh  30.  i^jA      I^fU*  Jirtira*li.  i:i    144.     Sm  il%»t  of  K:jt  «i  •>4  ^ 

TIh*  |«-titiiin  cif  the  VatI  nf  I'.iirtnl.  fur  \i\p  writ  nt  •ini'iDtfO*. 
l*iiiL*  i»  ferrr*!  tn  tijr  L  r«!»  < '•  inmittrr*  f.-r  |iri*i«.T«,  Ac, 
the  l!.irl  •  I  llrrll-'nl  n*|«ii(«-tl  thr  »inir.  *n\  thta  in*ni.er,  Mt 

Uy  I>  nU.  whrrra^  tL«-  Ksrl  c*(  |lri»t«»l  hath  |rr!rirrd  a  |«ti* 
tinn  uMii  tKi«  III  u*e  theri-by  si;;nif\iiitf  that  hi«  wnt  «f  *uid- 
moua  IS  withhrM  frvn  him  thts  |ietilU'U  bt  ug  le'.errrd 


i696]      The  Restraint  of  Arundel  and  Bristol        45 

onto  the  Committee  for  privileges,  and  after  diligent  Bearch,  no 
precedent  being  found  that  any  writ  of  summons  hath  been 
detained  from  any  peer  that  is  capable  of  sitting  in  the  House 
of  Parliament ;  and  considering  withal  how  far  it  may  trench 
into  the  right  of  every  member  of  this  House,  whether  sitting  by 
ancient  right  of  inheritance  or  by  patent,  to  have  their  writs 
detained ;  the  Lords  Committees  are  all  of  opinion,  That  it  will 
be  necessary  for  this  House  humbly  to  beseech  His  Majesty, 
that  a  writ  of  summons  may  be  sent  to  this  petitioner,  and 
to  such  other  Lords  to  whom  no  writ  of  summons  hath  been 
directed  for  this  Parliament,  excepting  such  as  are  made 
incapable  to  sit  in  Parliament  by  judgment  of  Parliament  or 
any  other  legal  judgment. 

Whereupon  the  Duke  of  Buckingham  signified  nnto  the  House, 
That  upon  the  Earl  of  Bristol's  petition,  the  King  had  sent  him 
his  writ  of  summons. 

C.  Lord  Keeper  Coventry' 8  Letter  to  the  Earl  of  Bristol^, 
[March  31,  i6a6.     LoitLi'  Journals,  iiL  563.] 

My  very  good  Lord,  By  His  Majesty's  commandment  I  here- 
with send  unto  your  Lordship  your  writ  of  summons  for  the 
Parliament,  but  withal  signify  His  Majesty's  pleasure  herein 
further ;  That,  howsoever  he  gives  way  to  the  awarding  of  the 
writ,  yet  his  meaning  thereby  is  not  to  discharge  any  former 
direction  for  restraint  of  your  Lordship's  coming  hither;  but 
that  you  continue  under  the  same  restriction  as  you  did  before, 
■o  as  your  Lordship's  personal  attendance  is  to  be  forborne  . .  • 

Thoicas  Coventbt. 
Dorset  Court, 

March  31,  i6a6. 

'  On  April  1 7,  Briftol,  who  had  come  to  London  and  justified  his  action 
that  the  King's  writ  of  summons  wm  of  mater  weight  than  a  letter  from 
the  Lord  Keeper,  accused  Buckingham  before  the  House  of  Lords.  On 
the  a  I  St,  Charles  accused  him  of  high  treason  before  the  same  House. 


46  CoHsiiiuhimal  iJocumfnis  lifas 

of  iht  Karl  *>f  Ar*'%nlfl. 
[April  19,  l'>a6.     l>«iU'  J«i«irtt»U   m   5^>4.     ^rr  //mC.  <v/  /*»|/.  «i.  V<  ] 

Majt  it  p]«iiM»  your  Mitje»t>'.  «re.  tli«  iVrn  of  thii  your  rr«lai 
now  aMrintiK-ti  in  rarliament.  fiiMliiiff  \\\t  Karl  of  Arui«d«l 
aWnt  from  liii  |>l«re.  tliftt  iMim«*timr»  iu  thii  Parltamrnt  mI 
amtinfr^t  ui.  hip  prevrDce  wm  thertfurv  oil!^  for,  liut  hrreoa 
a  mewiiirr  WM  (lrliTrre«l  unto  uf  frnm  yiiur  Mnjettj  liy  tht 
Ix)rtl  K«'ej>rr,  that  the  VmtX  of  Anin<lrl  «•■  mtr«iiml  [4cc..  at 
«)K>Tf,  p.  44].  Thi4  nif-fMfrr  oix««ionnl  ui  to  eii<iuirr  into  th« 
act*  of  our  aner^t*  m  .  .  .  ami  at'trr  dili^nt  aearrh  l«>th  of  all 
itoririt.  »tatut«'P  and  rrconl*  that  might  infitmi  as  in  thit  cmar, 
we  find  it  to  lie  an  undouht^-d  ri|;ht  aiMi  constant  privi!e,fe  of 
Parliamrnt.  that  no  I»rd  of  rarliament.  th**  Tailiamrnt  fiitinir. 
or  within  the  u-ual  tiro<-»  of  privile/*-  of  Tarliiment,  is  to  h# 
impriKontKl  or  reMrainetl  withuut  pentrncr  or  or<lrr  of  the 
HoiiM*.  uide»>  it  lir  for  trraton  or  frlooT,  or  f*»r  r«*fu*in;»  1 1  irire 
PuretT  for  the  |«raiv  .  .  nhnrforr  we,  \our  Majr^ty'n  lo}al 
fiuhjcTtt  and  humlde  aerrant*.  the  wli^de  UmIv  of  the  Terr*  itow 
iu  I'arlianient  ar^emMed  nio»t  humhly  lie««-t-«  h  your  Ma^  at y. that 
the  Knrl  of  Anindel.  a  mtml^er  of  thi*  ImmIv.  may  |*r<^ei.tly  be 
admit tr«l.  with  y«>ar  grmc  ou«  favour,  to  rome,  ftit.  and  aenrt 
your  Maj«»ty  and  the  (*onim>n  wealth  in  the  frrrat  affair*  of  thia 
rarliament.     And  we  ^hall  pray.  A'c. 

Thi«  remonMranre  and  petition  lieing  read,  it  was  freoerally 
approTe<l  of  hy  the  whole  llouve.  and  agre**!  to  be  pie«eotcd 
unto  hi»  Majetty  hy  the  whole  Houm*. 

5    ThK    KlN<i*|i    LffTTKB   XyiV   iKPTECrTIOVp    ruft  TIIK 
(V»LLC4T109(    or   A    Y%V%   (fllT. 

[JuW  7.  i6j6     S.  r.  lK4a  mi.  30.  51.     Sm  IIxM  ^  ^•^  «i.  lie] 

Trutty  and  well  lieloTed  wr  grert  you  well  It  it  not 
onknowD  unto  you  that  in  Kr hniarr  latt  our  high  Cuart  of 
r.irl lament  wa«  by  a*  tammoneil  and  aaM*mbled  to  treat  of 
the  fm*at  and  »ri|rhty  affairt  cottctrning  theCliarrh  of  KofrUod 
ami  the  tnie  religion  therein  ettabli*ned,  and  the  defvnct  and 

*  Af   b<WI  «M  at  lft*l  r«!«««*M|  oa  Jua«  5 


i6a6]         The  King's  Letter  and  Instructions  47 

safety  of  the  Kingdom ;  and  that  they  there  continued  together 
antil  the  15th  of  Jane  last,  within  which  time  many  things 
of  good  moment  . .  .  were  propounded  and  began  to  be  handled; 
and  amongst  other  things,  our  Commons  here  assembled  .  .  . 
not  for  our  own  private  use,  but  for  the  common  safety  of  us 
and  our  people,  did,  with  one  unanimous  consent,  agree'  to 
give  unto  us  a  supply  of  four  entire  subsidies  and  three  fifteens, 
and  did,  by  order  of  that  House,  set  down  the  days  and  times 
for  payment  of  the  same;  which  their  loving  and  free  offer  unto 
us  we  did  graciously  accept  and  rely  upon,  and  dispose  of  our 
affairs  accordingly,  and  afterwards  with  much  patience,  even 
beyond  the  pressing  necessity  of  our  public  affairs^  continually 
did  expect  the  real  performance  thereof;  and  we  are  assured 
the  same  had  been  performed  accordingly,  had  not  the  disoi-dered 
passion  of  some  members  of  that  House,  contrary  to  the  good 
inclination  of  the  graver  and  wiser  sort  of  them,  so  far  misled 
themselves  and  others,  that  they  neither  did  nor  would  intend 
that  which  concerned  the  public  defence  of  the  Kingdom,  for 
which  they  were  specially  called ;  wherefore,  when  no  gracious 
admonitions  could  stay  them  (though  much  against  our  heart) 
we  have  dissolved  that  Parliament. 

And  the  Parliament  being  now  ended  and  yet  the  necessity 
of  a  supply  of  money  lying  still  upon  us  .  .  .  and  pressing  us, 
without  which  the  common  safety  of  us  and  our  people  cannot 
be  defended  and  maintained,  but  is  in  eminent  and  apparent 
danger  to  be  assailed  and  swallowed  up  by  a  vigilant  and 
powerful  enemy,  we  have  been  enforced  to  cast  all  the  ways 
and  means  which  honourably  and  justly  we  might  take  for 
supply  of  these  important  affairs;  and  many  several  courses 
have  been  propounded  and  offered  unto  us:  and  although  no 
ordinary  rules  can  prescribe  a  law  to  necessity,  and  the  common 
defence  and  safety  and  even  the  very  subsistence  of  the  whole 
might  justly  warrant  us,  if  out  of  our  royal  prerogative  and 
power  we  should  take  any  way  more  extraordinary,  or  less 
indifferent  to  any  part  thereof,  yet  we  desiring  nothing  more 
(next  to  the  love  and  favour  of  Almighty  God,  by  whose 
gracious  assistance  we  desire  to  govern  ourselves  and  all  our 

'  The  agreement  wm  merdj  by  retolation.  No  bill  hAring  been 
fDtinded  on  it,  it  had  no  l^^l  force. 


CatutHutienel  Dotummt* 


z 


• 


gTMUrt  rfabM,  «•  1«T»  MBit  oMm  of  tiMt  vsy  wUch  mtf 
h»  MMt  «|m1  uid  meetfUbtm  to  tkf&    Asd  UMfwfon  «•  ^ 

Mwltj.  to  ba  ft  U»  nle  lliwiMhw  aad  hT^r>r.  hwlr. 
Mdnd«storil7  to  parfani  tW  vUth  bj  few.  Vit  ^d  ^Md 
fenMlly  bj  u  ML  M  «M  fartradMl,  tiwr  had  bM«  igwiwllibli 
ulo :  «ad  »  iD  •  tindy  wkjr  to  |innrld*  Mt  naljr  t&r  ov  b«( 
for  lli«ir  own  dafmw,  ittd  lor  tW  •omwipw  «J«ty  of  all  a«r 
(licndi  KBd  alliea,  asd  if  oar  Una  aad  Iwaoar;  tba  fnlermamn 
of  wUcb  ow  rvqaMt  wUl  aot  Mdy  si««  la  a*  Mipla  toliaMMj 
of  lb*  dalifal  and  |aod  afartioM  of  aw  pMfIa  is  gtMmL 
but  viU  urn  ujaat  ■■pnanfwiwl  thr  ■<«  if  iidOj  to  wwH 


t  ordar  aa  B^r  bfat  adtaaaa  av  awriei^  aad  im  mr 


I 


Mmaliaaa  ••  barvwith  wa  aMd   sBto  ymt, 
aol  Ul  b«d7  to  gi««  aato  «•  a  hQ  anpplir  a 
aaeaarilf  a/  oar  praiiat  oraaaiaaai.     Aad  tbato 

tnttr^ttitm*  tm  da  Jutticf  ^  Fmm  t»dm  m 

I.  TVa  q«adilj  npon  racaipt  «f  tbaaa  Latlan  job 


I  win  pnrrail  wllb  aw 
paefl^ 

|.  Tbat  !«■  Ut  tbato  luw«  bow  aseb  it  viD  avail  to  a«r 
•■dra  aad  to  Um  wtttin  a(  oar  fhaada  aad  aDiai^  to  mmQ 
■av  MwaJM  aa  tbair  ova  laaati ;  and  t^t  «b  bare  bagaa 
a  prn^ntMB 


i6fl6]     Commission  for  Tonnage  and  Poundage      49 

same.  And  that  whilst  we  are  in  these  consultations,  we  are 
advertised  from  all  parts,  of  powerful  preparations  made  to 
assail  us  at  home,  or  in  Ireland,  or  hoth. 

4.  That  you  put  them  in  mind  that  nothing  invites  an 
enemy  more  to  invasion  than  an  opinion  that  that  part  intended, 
to  he  invaded  is  either  secure,  or  distracted,  aud  so  unprovided 
for  a  resistance. 

5.  That  therefore  you,  the  Deputy  Lieutenants,  give  present 
direction  to  have  all  the  troops  and  hands  of  the  county  com- 
pleted, mustered,  trained,  and  so  well  furnished  that  they  may 
be  prepared  to  march  unto  the  rendezvous  at  an  hour's  warning 
upon  pain  of  death. 

6.  That  ye  conclude  upon  a  constant  way  of  propounding 
and  pursuing  this  our  supply  in  your  several  divisions,  to  the 
inhabitants  of  all  Mbsb  whole  county. 

7.  That  when  you  have  first  settled  this  work  among  your- 
selves, ye  agree  how  to  divide  yourselves  throughout  the  whole 
county  into  so  many  parts  and  divisions  as  ye  in  your  judgments 
shall  think  fittest.  .  .  . 

8.  [Collectors  to  be  nominated  by  the  justices.] 

9.  That  ye  assure  them  in  our  name  and  in  our  royal  word, 
which  we  will  not  break  with  our  people,  that  we  will  wholly 
employ  all  the  monies  which  shall  thus  be  given  unto  as,  to 
the  common  defence  of  the  kingdom  and  not  to  or  for  any 
other  end  whatsoever. 

10.  That  together  with  the  monies  ye  collect,  ye  send  a 
perfect  roll  of  the  names  of  all  those  who  do  thus  contribute, 
and  of  them  who  shall  refuse,  if  any  such  be,  that  we  may 
be  thereby  informed  who  are  well  affected  to  our  service,  and 
who  are  otherwise,  and  what  monies  are  given  unto  us  . .  . 

11.  And  lastly  that  all  this  be  instantly  performed,  for  that  all 
delays  will  defeat  and  overthrow  our  greatest  counsels  and  affairs. 

6.  Comassioir  fob  baisiko  Tonkaob  and  Poundaox 

WITH  Impositions. 

[July  a6,  i6a6.    Ryin«r*i  ¥mi%ra^  zviii.  737.    Set  Hiai,  of  Engl,  vi.  135.] 

Charles,  by  the  grace  of  Gk>d  [Ac.],  to  our  Lord  Treasurer  of 
England,  now  and  for  the  time  being,  the  Commissioners  of  our 


50  GmsiiimhaHai  Docmmimis  [i4a* 

Treftnanr  f«>r  tk«  tim^  ^i^'inff*  ^  ^^^  CkanrWU^r  ftud  t'nclfr- 
Trraturrr  of  our  Eidiequrr,  now  ftod  fur  tli«  timr  l»eiii|C.  to  our 
Cbirf  lWri>ii  ami  th«  rest  of  tb«  B«ruDi  of  our  Excbc«|urr  [ai.4 
oth**r«].  fn'rrtinir. 

\Vb«*rrA«  th<*  I»nl»  ami  otli«»ri  nf  «inr  IVitt  f*oQiicil  har* 

m 

tftkrn  into  thn'r  M-iioui  consideration  thr  prpttnt  ttair  of  o«r 
rvvriiue  ariftin^  !it  cuMoniP  lulitiiiT  anti  ini|««t  ufon  ffiiivl*  and 
mrrchandi*«  to  b«  i*i|iorte«l  and  im|iortrd  out  of  and  into  Utia 
our  rvalm  .  .  .  and  tinflitiK  that  it  hath  Wn  mnstanlr  con- 
tinurd  tor  manjr  aire*,  and  if  now  a  prini  \\m\  part  of  tha 
rrTri.uf  «if  our  Ouwn.  aii«l  in  of  nrcr«*itv  to  (h*  ai>  rontinne>l 
for  thf  »upp<>ttatii>n  thfii-^f.  whirh  in  tbr  two  Uftt  rarlianM>uta 
hath  Wn  thou;:ht  u|iuu,  hut  cnuld  not  he  there  ■rttlrvl  hj 
authoiitT  of  Parliiiuient  .  .  .  !iv  reason  of  the  di«aolntion  of 
thu«r  I  arliatuehti  U  fure  thoM  tiling  which  wrre  there  treated 
of  Could  he  perfrcte«l,  have  therrfore  .  .  .  »|>eciall5  oriervd.  thai 
all  those  ilutif-t  upt^n  f^MMln  anJ  m^rtliaiidiiet,  callrd  hj  the 
several  names  of  customs  su)»fiidy  and  ini|ioftts.  sIkhiM  he  leTied 
.  .  in  such  m.*nner  as  thr  same  were  levied  in  the  time  of  our 
late  (Irar  fath*'r  Kiiij;  James  .  .  .  ami  fora«muih  as,  thruofrh  the 
wAnt  of  a  |«rlianieiitarT  course  t«>  settle  the  payment  of  those 
iluties,  many  incunTeniruces  may  ari«e,  which  would  tend  to  the 
ini|iairinfr  «if  our  revenue  of  thiit  nature,  if  in  convenient  time 
aome  settlvd  cuur>e  slwuld  nut  he  taken  for  the  preveotioo 
theieof :  — 

Know  je  theri'fore  that  we  .  .  .  hy  the  advice  of  the  Lords 

and  others  of  our  Trivv  <  'ouncil.  do  hv  thrse  iirvaenta  declare 

•  •  • 

our  will  and  pleavure  to  1m-.  that  all  tlwiae  duties  .  .  .  shall  W 
levied  in  such  uiauner  as  the  *ame  were  levied  at  the  time  of 
the  diHrsM-  of  itur  Miid  late  father,  and  upon  ftuch  accounts  and 
forms  sji  uow  tl.e  s.tme  are  rollrrtrtl.  or  h«*reaftrr  shall  he  hy  ue 
api"*  iute*l  ...  all  which  uur  will  and  pleasure  it  thall  continoe 
until  "Uih  time  as  hy  pAiiiamput  u*  in  former  tiOM*)  it  mmy 
ret-rive  an  al>M>lute  petthui;.  An*!  it  any  prrsun  whatsoever 
shall  nfuM*  nr  lefplfct  t  i  pay  the  tluti^  .  .  aforraaid  .  .  then 
ntir  will  and  pleaaure  is,  and  we  d'>  further  i^ant  hj  these 
preeri.t*  uutu  the  Ix>rd«  and  othen  of  out  lYiry  l*<Tttncil  for  the 
time  )>eintf.  or  unto  the  Lord  Treasurer  (•f  Ko|rlaod  or  i  'haoceIk<r 
of  uur  Ksche^uer,  now  or  for  the  time  heing,  full  power  to 


t6o6]  The  Forced  Loan  in  Middlesex  51 

commit  every  such  person  to  prison,  who  shall  disobey  this  our 
order  and  declaration,  there  to  continue  until  they  .  .  .  shall 
have  conformed  and  submitted  themselves  unto  due  obedience 
concerning  the  premises  . .  . 

Witness  ourself  at  Westminster,  the  26th  day  of  July  [1626]. 
Per  breve  a  privato  concilio. 

7.  The  Commission  and  Instbugtions  fob  baisino  the 

FoBGED  Loan  in  Middlesex. 

[Sept.  a3,  i6a6.    8.  P.  Dom.  zxxv.  43,  43.    See  Hi$t,  of  Engl.  vi.  144.] 

Charles,  by  the  grace  of  God  [&c.],  To  our  right  trusty  and 
right  well  beloved  Counsellors  Qeorge  Lord  Archbishop  of  Canter- 
bury, Sir  Thomas  Coventry,  Knight,  Lord  Keeper  of  our  Great 
Seal  of  England,  [and  40  others]  greeting. 

When  the  Imperial  Crown  of  this  realm  descended  first  upon 
us,  we  found  ourselves  engaged  in  a  war,  undertaken  and 
entered  into  by  our  late  dear  father  of  blessed  memory,  not 
willingly  nor  upon  light  or  ill-grounded  counsels,  but  by  the 
many  provocations  of  an  ambitious  enemy,  and  by  the  grave 
and  deliberate  counsels  and  persuasions  of  both  the  Houses  of 
Parliament,  upon  promise  of  their  continual  assbtance  therein ; 
and  thereby  not  ourselves  alone  and  our  own  people  became 
thus  engaged,  but  also  our  friends  and  allies,  and  amongst  them 
and  above  all  others  our  most  dear  uncle  .  .  .  the  King  of 
Denmark  .  .  .  whom  in  honour  and  in  reason  of  State  we  may 
not  desert,  but  by  the  advice  of  our  Council  are  resolved  to 
assist  him  presently  with  men  and  money,  we  evidently  fore- 
seeing that  otherwise  our  common  enemy  will  in  an  instant 
become  master  of  all  Germany,  and  consequently  of  all  the 
ports  and  parts  where  the  mass  and  bulk  of  our  cloth  is  vented, 
and  whence  we  must  furnish  ourselves  of  provision  for  our 
shipping,  which  how  fatal  it  would  be  to  us  and  our  people 
may  easily  be  discerned. 

But  when  we  came  to  enter  into  this  great  work,  we  found 
our  treasures  exhausted  and  our  coffers  empty,  and  our  ordinary 
revenue  hardly  sufficient  to  support  our  ordinary  charge,  much 
less  to  undergo  so  great  and  extraordinary  a  burthen  as  a  war 
will  produce.    Our  a&irs  at  home  and  abroad  thus  standing 

1  2 


5a  CamsHtuitoHal  Documthis  it««« 

we,  brioff  willing  to  tr««(l  in  iht  »t#i)t  of  our  anc^tton,  with  all 
the  coDTrnient  p|>eed  wecooM.  ftummoned  a  Parliament,  hat  not 
fiiidinir  thftt  pucceM  therein  which  we  ha^l  ja«t  caute  to  eip^'Ct* 
we  are  enforc<Kl  to  thi«  courK*  wr  are  now  rr«r>lYed  upon  ;  waicb 
wai  haiitette<l  the  rather  when  our  uuaYoi<iahIe  nr€e«eiti«»t  botii 
at  home  and  abroad  multiplied  upon  mm.  when  our  en*  mtet'  sreat 
and  niikriitT  preparati<»ni  l»oth  bj  tea  and  land  threaten  ut  daiW, 
and  when  the  late  diaaaier'  (the  chance  of  war)  which  hath 
fall(*n  u|M>n  our  dearest  uncle  the  Kinff  of  I)enmark,  to  tbe 
endai);;^!  ing  of  his  ruynl  pereitn.  the  haxardinj;  of  hit  whole 
army,  and  the  utter  dinhearteninf?  of  all  our  partT,  do  at  CHica 
call  u|xm  ui.  and  cry  in  our  eats,  that  n^^t  our  own  honrur 
alono,  aiitl  the  ancient  renown  of  this  nation  (which  b  dear 
unto  ui).  but  the  nufetj  and  rerr  tubtittencc  of  ourtelf  and 
proj^Ic,  the  true  rrli^ion  of  <iod,  and  the  common  caoie  of 
Cbri*>trtid(>m  pmfrtainf;  that  true  relifrion  with  oa,  are  in 
appatent  dan^rer  of  ■uffrrtng  irrf^parably.  unleaa  not  onlj  a 
ftpeetly  but  a  prreent  stop  be  madr  to  to  great  a  breach,  which 
cannot  endure  to  long  a  delaj  an  the  calling  of  a  Parliament. 

We  theiefore,  in  a  case  of  thie  eitremitT.  after  diligent  aod 
deep  enquiry-  into  all  the  wars  and  meant  poasible  which  are 
honourable  nnd  just  in  ca^et  of  auch  unaToidable  ne<w«»itj. 
have  ut  latt.  by  the  ad  rice  of  our  whole  FHtj  (\>ancil,  reaolrad 
to  rfsjuire  the  aid  of  our  good  and  loring  lubjecta  by  lending 
unto  u*  tuch  a  competent  i»um  of  money  to  lie  apeedily  collecte«l 
to  our  u»e  aa  may  enable  ui  to  pr>>Yide  fur  their  aafetica  and 
our  own  :  to  lie  rr|Miid  unto  them  an  lo  n  as  we  shall  be  any 
ways  ensblril  thereunto,  upon  showing  forth  of  the  acr|nittance 
of  the  Collector  testifying  the  receipt  thereof.  And  theae  sums 
we  are  confitlent  will  readily  and  cheerfully  \m  lent  unt4>  us  by 
our  loviok*  subjects,  when  they  shall  be  truly  informed  from  us 
of  whst  im|>ortani*r  and  of  what  necei^s.ty  that  is  which  we  nt»w 
re<juiri«  <f  them,  and  when  they  shall  be  aasured  by  us,  which 
we  fAithfuIIy  promise  and  undertake  on  the  ro}al  word  of 
a  King,  (which  we  will  lie  jealous  not  to  break  with  our  peopWV 
that  not  a  penny  of  those  mo&iea  which  thoa  we  borrow  of  them 
shall  be  l>e*towrd  or  ripcnded  but  upon  those  public  and  general 
srrYicea  only,  wheieiu  every  of  them  and  the  whole  body  of  the 

'  Hm  laiU*  wf  Lult«r.  A':f^:a  t;.  l^:^. 


i6«6]  The  Forced  Loan  in  Middlesex  53 

kiogdom,  their  wiTes,  children  and  posterity,  have  their  personal 
and  common  interest. 

Know  ye  therefore  that  we,  reposing  special  trust  and  confi- 
dence in  your  fidelities . . .  appoint  you  to  be  our  Commissioners, 
. . .  and  command  you  . . .  that,  all  other  occasions  set  apart,  you 
or  any  three  or  more  of  you  ...  do  with  all  speed,-  after  the 
receipt  of  this  our  Commission,  •  •  .  call  before  you  all  such 
persons  within  our  county  of  Middlesex'  and  the  liberties  thereof 
as  by  our  instinct  ions  (which  we  shall  send  unto  you  herewith) 
are  appointed ;  and  that  ye  acquaint  them  with  this  our  will 
and  pleasure,  and  see  it . .  .  performed  accordingly  . . .  And  we 
authorise  you  or  any  two  or  more  of  you  to  minister  an  oath  to 
such  persons  and  in  such  cases  as  by  our  said  instructions  are 
directed. 

.  .  .  per  ipsum  regem  [dated  23  Sept  1626]. 

[Endorsed]  A  Commission  to  the  Lords  and  others  of  His 
Majesty's  Privy  Council  and  others,  concerning  the  loan  oi 
monies  to  His  Majesty  within  the  county  of  Middlesex. 

Instrtiction$  which  our  CommiMianers  for  the  loan  0/ money 
are  exactly  and  effectually  to  observe  and  foUow, 

First,  with  all  speed,  after  the  receipt  of  this  our  Com- 
mission, ye  shall  assemble  yourselTes  together ;  ye  shall  deter- 
mine in  what  manner  ye  shall  proceed  to  the  execution  of  this 
our  Commission  in  the  several  parts  and  divisions  of  the  whole 
county ;  and  before  your  departing  .  .  .  yon  shall  yourselves  for 
a  good  example  to  others  lend  unto  us  those  several  sums  of 
money  which  are  hereby  required  of  you  to  be  lent,  testified 
by  the  writing  of  your  names  with  your  own  hands :  that  when 
you  shall  in  our  name  require  others  to  lend,  they  shall  discern 
your  own  forwardness,  and  that  you  do  not  move  others  to 
that  which  you  forbear  to  do  yourselves ;  the  Lords  and  others 
of  our  Privy  Council,  attending  our  person,  having  already  done 
the  same  by  the  subscription  of  every  of  their  names.  And 
before  your  parting  you  shall  cause  those  of  that  one  hundred 
to  appear  before  you,  and  proceed  with  them,  according  to  these 
our  Commission  and  instructions. 

^  A  similAr  Commisrion  for  London,  containing  loo  namet,  dated  Feb.  5. 
1628,  in  printed  in  Rymer,  ZTiii.  855-8. 


OmuA'IhAmm/  Oocmmnits 


1 


lBfortBBit7,  aad  ksra  an  w*j  to  tib*  fsftikl  ioteattlioa  of  ithi^ 
in  iha  andcr  or  «w  ?«l«fttMiB  of  un'i  taUlw  (wUdt  b  oAm 
•■l()(«t  t»  dHMik  «T«r).  w«  W*B  thMfkl  Oui  to  ba  iU  ■«• 
■■liftirTBl  wd  aqsal  VK7  cf  flMO«tariaf  at  nwT  Mu'i  •IkUI]' 
ta  UMl.b]r  uUa|  Unm  ralm  far  mv  fi^.  at  vhick  tfccj  ««n 
•MMMa  IJB  tW  bonk  of  tb*  iMt  Mliii^,  Md  to  n^oira  tba  tou 
of  n  aub  ■enty  only,  aa  tb«  ntira  rat*  aad  ralaa  tamm  wa»» 
■i  wbkb  thor  at*  ntsd  bs4  Mt  lb««:  m  aaoiilr  bt  tbat  b  ■• 
at  «M  baikdnd  pMuda  b  bada,  to  bad  M  a  hondmd  pwaiiB 
in  nowy,  aai  m  afttf  tbat  tata  far  a  man  er  bia  mb.  Aad 
bt  tbat  k  art  at  a  bandnd  poanda  b  fwdi  Is  bad  •■  a  b«>> 
drad  aarha ' :  and  be  tbat  b  wt  at  tm  pnurii  gmdt,  to  bad  m 
Iwtatf  Bobla  * :  and  m  pa  rata,  far  a  |natv  ar  b«ar  hbl 
Aad  «b«ra  tbwa  art  baaran  or  oaatiibalan  tbajr  dhall  Mbl 
tb  aaboUr-aiaa. 

S.  Wbaa  yoB  ban  afrxd  aoMUfM  yaawal»aa  of  tba  •vnal 
di^  aad  pbaaa  at  jwn  nUiog  . . .  ytn  abaU  wad  par  watfaata 
■adar  yoar  haada,  or  lb*  haada  of  t«o  of  yoa  at  tb*  boat,  la 
tba  Ugb  ooaabbb,  patty  ceaatablaa.  aad  «lhar  oAnrs  aTtboaa 
aavwal  dJrbioaa,  ponaoally  to  wan  all  aaob  panaoa  wba  vara 
OMOMod  far  tba  brt  ■aboidy,  or  ta  bava  aaib  watrmal  ia 
wTitiBf  at  tbatr  dvdUarboaaaa,  tbat  tWy  hU  aol  ta  itvi  yaa 
aMatlBff  at  tba  tinaa  aad  pbcaa  appoiatad  by  y«a  aad  tbat  tbaaa 
aSaan  to  vboa  yavr  vamirta  aro  dtiaatid  fail  aal  to  ffta  aa 
aetoaal  toyoBof  tbair  aarrba  tbarria. 

4.  Tbat  at  amy  of  tboaa  Battiafi.  wbaa  Um>«  b  a  ea»* 
fMlut  anbar  aaaaildad.  yoa  aaa  afl  poaAla  aafcaaiw^  to 
Mato  avary  of  tbaa  vilB^y  aad  cbawfaBy  to  bad  iIhm  aaM 


if  Ibia  roan*.  ..aad  aaoaiiaf  Ibaa  tbal  tbb  aoana  . .  .ahaH 
Bot  ba  dnvB  bla  aaaapb  or  paoaJaal. 

(.  That  if  yoa  »ban  ataat  vitb  aay  ohjaatJaai . . .  tbat  yaa 
■aa  aU  dUlfaaea  far  f«aa*li«  tb«B  . . .  Aad  if  aay  1^0  ab^ail 
or  wbbpar.  tbal  if  Ibb  «ay  if  faU^  aaaaf  late  pbae,  ibM 


L 


»dJaaaaaa  aad  lapartaata  af  tb*  ataaabaa  an  aaab, 
t  paaaiUy  adwl  of  tbat  da^  wUcb  tba  mnai^ 


t6a6]  The  Forced  Loan  in  Middlesex  55 

ABsembly  and  resolationB  of  a  ParliamoDt  do  necessarily  draw 
with  it ; .  .  .  but  that  we  are  fully  purposed  to  call  a  Parliament 
as  soon  as  fitly  we  may,  and  as  oft  as  the  Commonwealth  and 
State  occasions  shall  require  the  same  .  . . 

6.  That  ye  appoint  the  days  of  payment  of  the  sums  of 
money  to  be  lent  unto  us  to  be  within  fourteen  days,  and  per- 
suade such  as  shall  be  able  to  pay  it,  to  pay  it  at  one  entire 
payment  .  .  .  But  to  such  as  ye  in  your  discretions  shall  think 
it  more  convenient,  ye  may  accept  of  one  half  at  the  fourteen 
days,  and  the  other  half  to  be  paid  before  the  twentieth  day  of 
December  now  next  ensuing. 

7.  That  yon  treat  apart  with  every  one  of  those  which  are  to 
lend  unto  us,  and  not  in  the  presence  or  hearing  of  any  others, 
unless  you  see  cause  to  the  contrary  in  your  discretions.  And 
as  every  one  giveth  consent,  that  you  cause  him  or  her  to  set 
his  or  her  name  and  mark  to  a  book,  roll,  or  list,  to  be  made  by 
you,  testifying  their  assent,  with  a  mark  or  distinction  of  the 
times  of  payment  accorded  unto.  And  if  ye  shall  find  any  who 
either  shall  deny  to  lend  us,  or  shall  make  delays  or  excuses, 
let  them  know  they  do  thereby  incur  our  high  displeasure; 
and  if  they  persist  in  their  obstinacy  notwithstanding  that, 
then  ye  shall  examine  such  persons  upon  oath,  whether  he  hath 
been  dealt  withal ...  to  refuse  to  lend,  or  to  make  excuse  for 
his  not  lending :  who  hath  so  dealt  with  him,  and  what  speeches 
or  persuasions  he  or  they  have  used,  tending  to  that  purpose. 
And  ye  shall  also  charge  every  such  person  in  our  name,  upon 
his  allegiance,  not  to  disclose  to  any  other  what  his  answer 
was;  and  ye  shall  enjoin  him  in  like  manner  to  be  forth- 
coming and  ready  to  attend  us  or  our  Council  when  he  shall 
be  sent  for,  to  answer  his  contempt  and  neglect  of  as  in  this 
case. 

8.  Ton  shall  show  your  own  afiections  and  zeal  to  this  busi- 
ness and  to  our  service  by  your  effectual  treating  with  all  men 
freely  to  run  this  course,  and  in  using  your  powers,  feivours  and 
credits,  which  every  [one]  of  you  have  in  the  country  ...  to 
advance  this  business,  that  it  may  come  off  cheerfully  and  soundly. 
And  that  ye  yourselves  by  any  means  discover  not  any  coldness 
or  unwillingness  to  the  service,  whereby  any  other  to  their  dis- 
couragement may  gather  that  you  have  no  heart  to  the  work 


CaHstituhonal  Dommimis  [i«i« 

although  f«r  fomi*»  Mk«  jou  matt  takt  it  opun  joo,  bring 
•nployed  thrrein ;  .  .  . 

9.  That  in  yoar  trMiting  with  your  MighhoQfv  aboQt  this 
biuiiieM,  joa  tliow  your  own  iliKmimif  aiMl  affectioot,  hj  aak* 
iDg  choice  of  aurh  to  brf^io  with,  who  arc  \ikr\y  to  give  th# 
best  rxamplt^.  and  when  you  h*T«  a  competent  numlier  of  the 
hantift  to  the  roll  4ir  list  of  the  len«lera.  that  je  ihow  the  tmam 
to  other*,  as  they  come  betoic  yua,  tu  lca<i  them  to  lend  in  th« 
like  maitner. 

10.  You  ihall  obaenre  and  divoiTer  hy  all  good  wayi  and 
meant,  whether  any.  iiublicly  ttr  underhand.  )«  worker*  or 
lierauatlrn  of  other*'  dmaent  or  diahk«*  from  thu  cuurae,  .  .  . 
:ind  a»  mtich  ai  ye  may,  ye  ihall  hinihr  all  tlitronrvt  about  it. 
And  ye  ihall  certify  tiur  I'riry  Co  mcil.  in  whtinir,  of  the  namca. 
i|ualitirt  and  dwelling  placrt  of  all  puch  rrfractory  prrvuni.  with 
all  4|iefd,  and  ipecially  if  ye  ahall  (li»cuver  any  comhinati^o  or 
ci'ufe«lenicy  vgaintt  theee  our  pn>cee«linga. 

11.  Ye  •hall  lf*t  all  to  know  whom  it  may  eoaeem.  that  ve 
are  well  pleaded  u|ioii  lending  of  tlie*e  pum»  requimi,  to  remit 
all  that  which  hy  Irtteri  in  our  name  waa  desired  upon  the  Ut«* 
)ii-iM*Tulence  or  ftee  gift.  Ami  if  any  hare  already  paid  to  our 
use  any  roch  tuni,  thai  the  sum  l«  accepted  fur  to  much  a«  in 
|>ait  fif  thii  loan,  ami  if  it  etrreil  the  sum  drMrvd  to  br  lekt, 
that  till*  ^uiplui  «hmll  U*  rr|Mi<l  t«i  thnn  without  fre  f>r  charge. 

11.  I.ikrwi*^*.  if  »ince  the  U*t  Tarliameut  anv  harr  receiTcd 
privy  Mull,  our  plea»utr  ,i»^  tlmt  if  thry  liavr  not  already  pa:d 
in  any  tnonir*  tii«'rru|ion.  ihnt  they  agreeing  to  thr  Ii.aii  of  the 
puni  rr<(|uire«l  he  rsrune*)  of  thr  |m\n)fnt  of  the  privy  teaU 
And   if  thry  have  already  paid   .  an\    ^uih  turn  of  monty 

upon  thetr  privy  teal*,  [allfWance  11  to  lje  ni««ie  a«  in  {irecrdiof 
clau»r 

13  If  \e  rithiT  know  or  find  any  ahlr  |ier«i>n  not  *rt  in  tha 
laM  «iil»i>U.  thnt  w  ili-iil  viith  •  Trr\  nuch  iid.ahifaiit  aftrr  the 
•an.r  inaiint  r  mu\  atconhng  tti  th«-  AJime  pr«»|i«  rf  i«>ii  a«  la  held 
with  fthtr  •uthiiri.t  m«'ti  iic«i>rtii|;  to  your  Irtt  jud.menia 
aifl  diwrrtioti*.  and  in^eit  thrir  naiu«-4  and  ^umt  m  the  a»id 
k>-'L  roll.  \-r  I:«t.  4ni«*nk'  the  i>th«Tt  nf  th«m.  lUil  %r  are  i*ol 
to  nlni.t  nf  aii%  «tiit  T«i  le  ina*!**.  **r  ahv  rra*«'ni  to  li^  (Tiven  Tt 
the  m*  «Mi.^  K't  au)  ru«h  vunit  the  timr  and  the  inttant  i<c*»ioAS 


i6a7]  The  Case  of  the  Five  Knights  57 

not  now  admitting  any  Buch  dispute,  which  would  but  disturb 
and  protract  the  service. 

14.  [appointment  of  coUectors.] 

15.  [directions  to  collectors.] 

16.  And  if  any  of  the  Commissioners  shall  be  absent  from 
the  execution  of  this  service  (which  we  hope  will  not  be),  that 
the  rest  of  you  the  Commissioners  certify  their  names  who  shall 
make  such  default,  as  also  the  names  of  all  such  who  upon  these 
summons  do  not  come  and  attend  you. 

17.  And  we  do  hereby  explain  and  declare  that  the  charge 
given  by  the  said  Commission,  or  by  these  our  instructions,  .  .  . 
be  not  intended  to  any  of  our  Privy  Council,  for  that  they  are 
daily  employed  otherwise  in  our  service,  nor  to  any  peer  of  this 
realm  not  resident  in  the  county  where  he  is  named  a  Com- 
missioner, nor  to  any  other  that  by  our  special  directions  is 
otherwise  employed  in  our  service. 

And  these  our  instructions  we  require  and  command  you  .  .  . 
to  keep  secret  to  youi*selves,  and  not  impart  or  disclose  the 
same  to  any  others  \ 

8.  Thb  Casx  of  thb  Frvx  Eniohts,  bbfobe  thb  Coubt  of 

King's  Bbnoh. 

[Nov.  i5-a8,  1627.    State  Trials,  iii.  114-139.    See  HxH,  of  Engl 

▼i.  213.] 

A.     Return  of  the  Warden  of  the  Fleet  to  the  Writ  of 

Habeas  Corpus  \ 

Responsio  Johannis  Liloe,  guardiani  Prisonae  de  le  Fleet. 

Ego  Johannes  Liloe  [&c.]  serenissimo  domino  regi  apud 
Westminster.  Post  receptionem  hujus  brevis  quod  in  hac 
schedula  est  roentionatum,  certiRco  quod  Walterus  Erie  miles, 
in  eodem  brevi  nominatus,  detentus  est  in  prisona  de  le  Fleet 
sub  custodia  mea  praedicta,  per  speciale  mandatum  domini  regis 
mihi  significatum  per  wari-autum  dominorum  duorum  et  aliorum 
de  privato  concilio  perhonorabilissimo  dicti  domini  regis,  cujus 
quidem  tenor  sequitur  in  haec  verba : 

*  An  abetract  of  these  instractiona  is  given  in  Raihworth,  i.  418,  419, 
under  ten  heads  only. 
'  The  writ  is  in  the  ordinary  form. 


WWaa  Sir  Willa  Eria,  bifkl.  »>  kmMkn 


1 

■■»m 


to  }Mv  eatltfdj,  lb«M  art  to  will  lad  n^aln  ywn  lUll  ta  4 
Ua,  l«tUi«  fM  kMw  that  baU  Ml  ftral  wiwIbmI  ud  IMi 
tnakiMk  far  tka  aonlinnaiiaa  wl  Ua  la  priMa  «<■«  tad  an 
by  HU  M«)r>tj'«  apadal  cawMBidaMl.  rroai  WWtolaB,  } 
Mannbria  i«jl  TVaaaa  Ovv«Ui7  CA,  Bafj  Mmliwlir. 
Thonai  Baflblk,  DrUfwatar.  KeUr,  R  Danafais  Amm 
Unutd^  Jaha  Cblu^  Marilnraivli,  habraka.  Hillrtai/. 
TMmi^  Qfiadaoa.  OaHala.  Batk  Md  WalK  B«Ut«  Naw^ 
Btbfd  Waataa.  UaaylMr  Kay. 

Ta  til*  Oauilian  aftlM  Waat  ar  la  Jayty. 

Bl  baM  nt  «aa  ilifHiiiili  pvaadkli  Waliad  Eari  lafc 


Wallari  V 


■  at  lae 


%fnM*Mt 


wa«ftioaaa  far**lf  pntdteti  pantm  halwo  |ro«t  blai  hf«va 
in  M  aaifat  at  raqvirrt. 


Ma;  it  plaaM  jaar  Loriabi^  I  aUU  bwUy  aava  Bpo*  tUa 
rttBTn  in  tlM  Miklf  of  Sir  Jaba  UtrMu^ibaa.  wkb  wkw 
I  aa  of  OoumI— it  i>  bii  |nlitiei>— tUl  ba  aajr  ba  baiM 
fna  bia  iayriMiaaaat  .  .  .  Tha  aMaytiiiB  tbat  t  taka  to  tUa 
niva  U  M  waU  to  tb*  aattar  and  MbotaM*  of  Iha  nian.  a 
to  Iba  aaaiw  aad  lafal  fcra  tbaMf . . .  Pv  tha  aaMar  aad 
wbalaaea  «f  tba  ratara,  it  ia  not  good,  bacaaae  tbon  a^fbt 
to  ba  a  aaaa  af  tfcal  lapriMMMaL  TUa  vnt  [af  Hibia 
CbvpOi]  i>  tba  aaaaa,  aal  lb«  onlj  nuana,  tbat  tba  m1i^ 
iMtb  Ib  tU>  aad  mdHUka  aa*  to  ablalo  bte  Wbmkf ...  aid 
tfaaaadaftbiawritia  tonlwallMcaaaaar  tba  iafiiiwiai. 
Uat  it  aa;  ba  anaiaod  ia  tUa  Owt,  vbaUw  tka  faitia 
o^ht  to  b>  duebariad  or  aat  Bat  tbat  oaaot  h  daw 
apM  tU(  ratan,  fcr  tba  caaa  of  tba  iafrinawt  of  thb 
fartJaaaa  at  in*  to  w  hr  ft«a  ■>»»«»«  frtiwlaty  hy 
it.  tbat  tbara  ia  m  cmm  at  aO  a^pnatd  ia  it  .  .  .  If  Um 
law  ba  ilMt  apM  tUi  latani  tUa  fallaiia  dbaaM  ba  ra- 
id—1  win  aat  diifti  wbatbar  ar  M  ■  aaa  ^j  ba 
«a  ba  ba  iiaTJBtod  Moradiat  to  tba  kv— bat. 
if  tba  ratara  aUI  W  paad,  tb«i  Ua  ia|iiiiiiaaiiil  lUI  aat 
flMllaaaaa  Im  a  liaa,  bat  Isr  a«ar;  ladtfcaMltfKto  ^  iJm 


i6b7]  The  Case  of  the  Five  Knights  59 

kingdom  may  be  restrained  of  their  liberties  perpetually,  and 
by  law  there  can  be  no  remedy  for  the  subject ;  and  therefore 
this  return  cannot  stand  with  the  laws  of  the  realm  or  that 
of  Magna  Carta,  nor  with  the  statute  of  28  Edw.  3,  c.  3; 
for  if  a  man  be  not  bailable  upon  this  return,  they  cannot 
have  the  benefit  of  these  two  laws,  which  are  the  inheritance 
of  the  subject.  .  . . 

Mr,  Selden's  Argument 

My  Lords,  I  am  of  counsel  with  Sir  Edmund  Hampden.  . .  . 
I  shall  humbly  move  you  that  this  gentleman  may  also  be 
bailed;  for  under  favour,  my  Lord,  there  is  no  cause  in  the 
return  why  he  should  be  any  farther  imprisoned  and  restrained 
of  his  liberty.  .  .  .  Now,  my  Lord,  I  will  speak  a  word  or  two 
to  the  matter  of  the  return;  and  that  is  touching  the  im- 
prisonment, 'per  speciale  mandatum  domini  regis,'  by  the 
Lords  of  the  Council,  without  any  cause  expiessed.  ...  I  think 
that  by  the  constant  and  settled  laws  of  this  kingdom,  without 
which  we  have  nothing,  no  man  can  be  justly  imprisoned  by 
either  of  them,  without  a  cause  of  the  commitment  expressed 
in  the  return.  . .  .  The  statute  of  Magna  Carta,  cap.  29 — that 
statute  if  it  were  fully  executed  as  it  ought  to  be,  every  man 
would  enjoy  his  liberty  better  than  he  doth  . .  .  out  of  the  very 
body  of  this  Act  of  Parliament,  besides  the  explanation  of  other 
statutes,  it  appears,  'Nullus  liber  homo  capiatur  vel  imprisonetur 
nisi  per  legem  terrae.'  .  .  .  My  Lords,  I  know  these  words, 
'legem  terrae,'  do  leave  the  question  where  it  was,  if  the 
interpretation  of  the  statute  were  not.  But  I  think,  under 
your  Lordships'  favour,  there  it  must  be  intended,  by  'due 
course  of  law,'  to  be  either  by  presentment  or  by  indictment. 
My  Lords,  if  the  meaning  of  these  words,  '  per  legem  terrae,' 
were  but,  as  we  use  to  say,  'according  to  the  law' — which 
leaves  the  matter  very  uncertain ;  and  [if]  '  per  speciale  man- 
datum  &c.'  be  within  the  meaning  of  these  words  'according 
to  the  law,'  then  this  Act  had  done  nothing. 

C.    Attomey-Generdl  Heath* s  Argument. 

May  it  please  your  Lordship,  against  this  return  the  counsel 
of  the  gentlemen  have  .  .  .  divided  their  objections  into  two 
main  points,  the  one  the  form,  the  other  the  matter.  . .  • 


Canstituliamal  Donmunts 


1 


IWbiM^  tU  Mtter  of  Uw  ntiirai,  Um  w 
H  !■  bal  ft  dngh  qoMlioo  »bi1  I  hop*,  bjt  Lord,  of  ao 
diOcnilty:  a^  tUt  ia,  vbMlwr  t^  b»  r«pI««Mfty»*, 
raptoviMUft.  ll  tf^mn  tW  tbt  conftiitMai  fa  mI  b 
ud  MdiMrr  VBj,  bst  tWt  il  b  '  pr  ipKJda  mm  ill  m  4nri«i 
nffe':  «Udi  i«|iU«,  iMt  «Bl7  tW  bM  ifaM,  b«l  w  Ortn- 
Of^aMily  dam.  Urt  tt  b  BotoriMi  la  b»  Hit  lIaJM«j^ 
ioiHwduaa  wt  imI  win  It  ilMaU  U  m:  [m>4  tfca  ytii 
b]  wbrtUr  ift  llib  cut  Umj  iAoatd  b«  baakUa  or  ■«(  i» 
tkb  OiMrt. . .  ,  Tb*  Ki^  «aaat  mmmmnA  jwu  LanbUp,  or 
■ay  otkar  Cimrt  ti  Jaatk^v  to  pm««d  olhanriaa  Utaa  ■wwiHf 
ta  tfca  km  of  lUi  UaidMB.  fcr  it  b  |wt  af  jow  L«^p^ 
oatb.  la  Jwl|a  MMnUi^f  t«  tka  k«  of  ika  UagdoM.  Bm. 
■J  Lacd,  tban  k  a  gnat  dUbrvtm  bHwaan  iLam  k|Bl  ««»• 
aavk  aad  lUt  akaib^a  jilnlai  ikat  a  wnnifB  hatk,  I7 
wkeb  a  Uttf  wwiHMwk  Bnl  vten  I  caU  it  «k>l«ia  /aiMMi, 
I  4a  BoC  MMa  tlial  it  b  mHi  a  piwtr  a*  thai  a  kiag  bmj  4a 
«M  U  plMMtfc,  Jbr  U  balk  i«ka  to  fmn  UmmU  hjr.  aa 
mO  aa  ftmt  LoHahipa^  «k>  an  wkwdkak  JwlfM  vrfw 
ItfaK.  TU  difinnn  K  Uw  ldi«  k  Iba  hmd  af  tU  wm 
liMataiB  at  J«aUa«.  wU^  jmt  LM^aUp  ateuktan  to  aO  Ua 
aat^aala.  AM  Jutkt  b  •krind  bna  b»,  avl  vkak  ha  4tlk 
ha  datb  aa»  aa  ft  ptitato  pafMS,  fait  aa  tba  bMd  of  tha  aaMM^ 
maltb,  ift  jmttitimimt  ryd,  jta,  Om  my  iwiaaa  af  jMlka 
■adfr  Ood  mfuu  aarth  u  is  bia.  And  ahall  wa  gaa— Ijy, 
aat  ia  aiViaMa  oaljr,  bat  aa  kwjran^  wba  fmm  tbaanalra 
by  tba  nika  af  Um  k«,  ao«  tabalt  to  bk  wiM—ad.  b« 
■aba  as^uirki  wbrtb«T  tbi7  ba  kwTal,  aad  mf  tba  tba  Kiag 
iklb  Mt  ibb  « tbftl  k  eeana  af  jaalkat 

If  7«ar  LordaUiK  ahtkc  ban,  iball  puaiid  anardi^  to 


aMM  arran  is  tba  |»ni«riiiiy.  and  Ibta  jtm  an  awt^irt  to 
a  writ  of  acrar.  Bat  «ba  ibdl  tall  ia  ^aaalka  tba  actkaa  ar 
tba  jaatka  tt  tba  fciB(.  vba  k  aat  to  lin  aaj  anaut  oT  tbm  1 
aa  in  tbk  av  aaaa.  ihat  ba  aaiawuk  a  aa^aal,  a^  ab*«i  m 
aawakrH.  Pw  Kli^  1— aiili  aadaltoa  abawaaaaaan:  fcr 
H  b  iiwitiBii  lanBaOT.  'pr  ifackk  aaadataa  4tmM 
Ma  *fm  aartk  aawia  ^aam  imdmmm  ngaa 


i6a7l  The  Case  of  the  Five  Knights  6i 

moTentibus.'  But  if  the  King  do  this,  shall  it  not  be  good  % 
It  is  all  one  when  the  commitment  is  '  per  speciale  mandatom 
[&c.],*  and  when  it  is  '  pro  certis  causis  [&c.] '  .  .  .  And,  my 
Lord,  onless  the  return  doth  open  to  you  the  secrets  of  the 
commitment,  your  Lordship  cannot  judge  whether  the  party 
ought  by  law  to  be  remanded  or  delivered,  and  therefore,  if  the 
King  allow  and  give  warrant  to  those  that  make  the  return 
that  they  shall  express  the  cause  of  the  commitment — as  many 
times  he  doth,  either  for  suspicion  of  felony,  or  making  money, 
or  the  like —  . .  .  this  Court  in  its  jurisdiction  were  proper  to 
try  these  criminal  causes,  and  your  Lordship  doth  proceed  in 
them,  although  the  commitment  be  'per  speciale  mandatum 
domini  regis '  ...  But  if  there  be  no  cause  expressed,  this 
Court  hath  always  used  to  remand  them :  for  it  hath  been  used, 
and  it  is  to  be  intended  a  matter  of  State,  and  that  it  is  not 
ripe  nor  timely  for  it  to  appear. 

My  Lord,  the  main  fundamental  ground  of  argument  upon 
this  case  begins  with  Magna  Carta  .  .  .  No  freeman  can  be  im- 
prisoned but  by  '  legale  judicium  parium  suorum  vel  per  legem 
terrae.'  But  will  they  have  it  understood  that  no  man  should 
be  committed,  but  first  he  shall  be  indicted  or  presented? 
I  think  that  no  learned  man  will  offer  that ;  for  certainly  there 
is  no  justice  of  peace  in  a  county,  nor  constable  within  a  town, 
but  he  doth  otherwise,  and  might  commit  before  an  indictment 
can  be  drawn  or  a  presentment  made.  What  then  is  meant  by 
these  words,  '  per  legem  terrae '  %  If  any  man  shall  say,  this 
doth  not  warrant  that  the  King  may,  for  reasons  moving  him, 
commit  a  man  and  not  be  answerable  for  it,  neither  to  the  party 
nor  (under  your  Lordship's  favour)  unto  any  court  of  justice,  but 
to  the  High  Court  of  Heaven,  I  do  deny  it  and  will  prove  it  by 
our  statutes. 

[Stat.  25  Edw.  Ill,  cap.  4;  28  £dw.  HI,  cap.  3 ;  and  other 
Statutes,  recited  and  examined.]. 

And  now,  my  Lord,  we  are  where  we  were,  to  find  out  the 
true  meaning  of  Magna  Carta — for  there  is  the  foundation  of 
[our]  case;  all  this  that  hath  been  said  concemeth  other 
things,  and  is  nothing  to  the  thing  in  question.     There  is  not 


CoHstihitiomU  Oaaamtrnts 


A  wwd aitW alii* MwahMMt  af  tU Kia» or  « 
orilwCbaMa,iaalllk«itat«t«ui)nsaHa... . 

TW  BUI  tkbf  I  riMU  o««  to  jMT  LM^Upa  k  Ikfa  . . . 
it  b  tU  mototkaif  aU  tka  >%«.  «U«li  wm  |i«an  ia  tba 
}4lh af  Qmmi  EHai!w«fc,  b  Ml oM  ap» •« uilM|ipj  -nr-i'-|\ 
itUafa  «M  Ihok.  Tfca  Hfaa  Um^  eon|MMd  llttl  Aari*  u4 
«(har  oAewi  eoaU  sot  axamto  dM  prataa  of  tte  kw  ■•  tbay 
o^l,  kr  llMt  tha  paitlH  an  wImw  n«fc  yraaav  tboaU  te 
axaantad,  van  «al  amj  hj  aeaa  oT  tfca  QaMs'a  Condi,  that 
thty  eaaU  not  ba  knd.  Tb»  jadgaa  hwwirpoa  prtiUoaaJ  lk» 
loni  CWacaDv,  Uut  Iw  «oaU  bo  a  aAttor  la  Bar  MaJMlr 
tkit  aalliiag  bo  Ama  iMmafiar.  And  Umtovimb  tW  JMlfot 
van  4nnd  to  akw  b  wW  eaiM  bmi  UmI  won  laM^lHaJ 
wwa  wM  baikhk^  wbatkar  nfM  tfco  ePM»il»aBl  ti  Um  Qhmi 
«  o»r  otkrr.  Tha  Jiadgaa  BMko  aMwar.  Uut  if  a  ■«  JmU  W 
caamiitcd  bjr  Iho  Qooia.  bjr  bor  cowiaaad.  or  bf  Uw  Privy 
Ctaodl,  ba  k  oat  talkbk.  V  yavr  Lac4ahip  aA  aa  wfctf 
OBthoritr  I  bn  br  tbi^  I  aan  oalf  aj  I  ^va  il  ant  al  tba 
boak  of  Um  Uid  AMktw.  writtw  «iU  bk  on  ba>d'... 
nk,  mj  La(<  WM  Iba  nmAmti«»  of  aU  tba  JaJf*  asd  [tbaj 
baniaa  (^  tbo  Bx«bM)iiar,  and  aot  *  [of]  aoaa  fraat  aaa. 

Haw  I  vill  apply  NTaair  to  ibal  vbieb  baa  bM  oafcnod  by 
tbo  eouMd  o«  tba  otbor  aid*,  which  «m  tbo  rtMoa.  thai  Iha 
wbiMt  bath  iotonrt  ia  tbu  cmb.  Mj  Urd.  I  do  i«b«owlad|a 
il.  favt  I  aoat  njr  tbal  tba  aavaraigB  Isth  fiwl  iaIaiMt  ia  it 
to*.  Aad  ma  I  aM  that  tbo  tr*  otaM  of  Hvoraifaty  waa  aa 
•MMT  Ud.  bal  Ihk  pawor  *m  gina  to  tU  Mvoadfa.  If  yM 
aak  toa  wbolbOT  it  bo  aaliHitad— My  Lord,  I  aay  it  k  aot  iba 


kr  tba  aavamHat  of  oar  Ktag  aad  bk  pM- 
paiton.  kii«i  of  tbk  nala,  tetb  o«ar  l»d  Ite  noarwt 
nopaat  of  tha  BaTaroifB,  m  tbal  it  Wh  onaetadad  tha  Kiag  caa 
da  aa  wn^. ...  B«  tba  Kiaf  eD««ik  a  oal^Ml,  aad  as- 
pwailh  aa  oaaa  of  iha  ootoailBMal  Vbat  thoa  t  ihaB  il  ba 
thaagbt  t^than  k  aa  mm  why  ha  dbadU  ba  i  ■illlil 
Har,  mf  Lard,  tba  oMuaa  of  «Q  tkna  balh  ban.  to  mf  than 
m  MpiiMiJ.  aad  tb««(a(«  tk  aattor  k  aat  ripo ;  aad 
'  ooarto  of  Jodicotwo  hat*  ow  natod  alMad 
•  kw«w<V'wt  itoi-i««'>*^  ■40'  '  l^nototi 


i6a7]  The  Case  of  the  Five  Knights  63 

therewith :  they  would  not  search  into  it.  My  Lords,  there  be 
arcana  Dei,  et  arcana  impei*ii,  .  .  .  There  may  as  much  hazard 
come  to  the  commonwealth  in  many  other  things  with  which 
the  King  is  trusted,  as  in  this  particular  there  can  accrue  to  the 
subject ...  It  may  be  divers  men  do  suffer  wrongfully  in  prison, 
but  therefore  shall  all  prisoners  be  delivered]  That  were 
a  great  mischief.  .  .  .  The  King  may  pardon  all  traitors  and 
felons;  and  if  he  should  do  it,  may  not  the  subjects  say,  If  the 
King  do  this,  the  bad  will  overcome  the  good?  But  shall 
1^7  8&7y  "^0  King  cannot  do  this  I  No :  we  may  only  say.  He 
will  not  do  this. 

...  I  shall  conclude  what  I  shall  say  in  this  case — to  answer 
the  fear  rather  than  the  just  ground  of  them  that  say  this  may 
be  a  cause  of  great  danger — with  the  words  of  Bracton  [lib.  i, 
cap.  8].  Speaking  of  a  writ  for  wrong  done  by  the  King  to 
the  subject  touching  land,  he  hath  these  words :  '  Si  autem  ab 
eo  petatur  (cum  breve  non  currat  contra  ipsum),  locus  erit 
supplicationi,  quod  factum  suum  corrigat  et  emendet;  quod 
quidem  si  non  fecerit,  satis  sufficit  ei  ad  poenam,  quod  Dominum 
expectet  ultorem.  Nemo  quidom  de  fiactis  suis  praesumat  dis- 
putare,  multo  fortius  contra  factum  suum  venire.'  .  .  .  And 
therefore  I  pray  your  Lordship,  that  these  gentlemen  may  be 
remitted,  and  left  to  go  the  right  way  for  their  delivery,  which 
is  by  a  petition  to  the  King.  Whether  it  be  a  petition  of  right 
or  of  grace  I  know  not ;  it  must  be,  I  am  sure,  to  the  King, 
from  whom  I  do  personally  understand  that  these  gentlemen 
did  never  yet  present  any  petition  to  him  that  came  to  his 
knowledge. 

D.     Lard  Chief  Justice  Hyd^e  Judgment, 

.  .  .  The  exceptions  which  have  been  taken  to  this  return 
were  two;  the  one  for  the  form,  the  other  for  the  substance. 
...  In  our  case  the  cause  of  the  detention  is  sufficiently 
answered,  which  is  the  demand  of  the  writ,  and  therefore  we 
resolve  that  the  form  of  this  return  is  good. 

The  next  thing  is  the  main  point  in  law,  whether  the  sub- 
stance or  matter  of  the  return  be  good  or  no :  wherein  the 
substance  is  this — he  [the  Warden]  doth  certify  that  they  are 
detained  in  prison  by  the  special  command  of  the  King;  and 


64  ComsHhUionat  DocumifUs 

whether  thin  be  gfiod  in  law  i»r  no,  that  it  the  qnettion.  .  .  . 
[After  ezAininfttiun  of  prfH'e«lriiU J  Then  the  fireccdebti  are 
all  au'aiiift  you  rvrr>'  one  uf  them,  and  what  shall  guifi*  oor 
iucigments  f»iiice  therr  it  i.otliii.^  allt-Ke«i  in  thu  cw  hot  I'Tfce- 
cirntal  That,  if  im>  cauae  of  the  commitmrnt  In-  nprewed.  it  it 
to  he  preauniMl  to  be  for  m«»tter  uf  «tate,  whirh  wr  cannot  takt 
Uf»tice  of;  joa  nee  we  find  none,  no,  not  oni*.  that  hath  hern 
deli  Tens!  by  Iwil  in  th«*  like  ctMa,  but  bj  the  hand  of  th<*  Kii)|r 
or  hit  direction.  .  .  .  We  haTr  looked  apc*D  that  preceiletit  that 
was  meiitionvd  by  Mr.  Attorney — the  rewlatiun  of  all  the 
Judges  of  Kuglaiiil  in  34  Klis.  .  .  .  The  queation  now  is,  whether 
we  may  deliver  thesr  gentlemrn  or  not  .  .  .and  this  rrtolati->n 
of  all  the  jud^eA  teachrih  us ;  and  what  can  we  du  but  walk  in 
the  steiie  uf  our  forefathers  I .  .  .  If  in  justice  wr  ought  to 
deliver  you,  we  would  do  it ;  but  npon  thaaa  gn>ands  and  theae 
ircords,  and  the  prccadentt  and  refolntions,  we  eannot  delaier 
\ou,  but  you  must  be  remaodad. 


PART   II 

FROM  THE  MEETING  OF  THE  THIRD  PARLIAMENT 
OF  CHARLES  I.  TO  THE  MEETING  OF  THE  LONG 
PARLIAMENT. 

9.  Notes  op  a  Bill  bbouoht  ik  by  Sib  Edwabd  Coke  to 
secubs  the  libebties  of  the  subject. 

[April  29, 1628.    HarL  MSS.  1771,  fol.  1 23.    See  HUt  of  Engl,  vi.  264-5.] 

An  Act  for  the  better  securing  of  every  freeman  touching 
the  propriety  of  his  goods  and  liberty  of  his  person. 

Whereas  it  is  enacted  and  declared  by  Magna  Carta  that  no 
freeman  is  to  be  convicted,  destroyed,  &c.,  and  whereas  by 
a  statute  made  in  E.  7,  called  de  tallagio  non  concedendo;  and 
whereas  by  the  Parliament,  5  E.  3,  and  29  E.  3,  &c. ;  and 
whereas  by  the  said  great  Charter  was  confirmed,  and  that  the 
other  laws,  &c. 

Be  it  enacted  that  Magna  Carta  and  these  Acts  be  pat  in 
dae  execution  and  that  all  allegements,  awards,  and  rules  given 
or  to  be  given  to  the  contrary  shall  be  void ;  and  whereas  by  the 
common  law  and  statute  it  appeareth  that  no  freeman  ought  to 
be  committed  ^  by  command  of  the  King,  &c. ;  and  if  any  free- 
man be  so  committed  and  the  same  returned  upon  a  habeas 
corpus,  he  ought  to  be  delivered  or  bailed,  and  whereas  by  the 
common  law  and  statutes  every  freeman  hath  a  propriety  of  his 

>  'oonriotad'inMS. 
F 


66 


Ccn$tihitia9tal  Docufrntnis 


{(fx>di  an<i  entatc  m  do  tai,  ull»i;r  Ac.  ti«>r  any  aoUiirr  rmo  \m 
hilletrtl  in  hiii  liouf»e.  kc. 

R«  it  t*imctetl  that  no  tm,  t«lUi;i*.  or  loan  •hmW  Im>  levini  Jtc, 
by  the  Kin^  or  any  nuni«t«*r  hy  Act  of  I'arliamrat.  aiwl  tbat 
none  >)e  romprll«Hl  t«}  receive  any  ivililier*  into  hiA  hoow  A|;»iiMt 
hifi  will. 


l'>   Till  PimTK»x  or  Kioht. 

;Jane  7.  i<(jH      3  Tar.  I,  raft   I.     Sl*tat««  -if  lh#  lUalm.  ▼.  ix      *<#* 

TV  Pftition  txhibit^i  to  His  Majfsiy  ^v  M#  /.fin/#  Sfintmmi 
and  Tern /-oral  ami  f'ommo9u  in  fAi«  prt*tni  l**%ri%am^ni 
assemUni.  ronr^minj/  *itrer$  Hiifhu  and  /.iA^tImj  of  tks 
Suhjtcts.  inlA  fA/  A'tN'/'tf  Majesi^B  Hoyal  Answrr  tk^r^- 
fin/o  in   /'f'//  PttrUamefU. 

m 

To  till'  Kinff't  M(i-t  Kicfllent  Vajr^tt 

HiniiMy  hliow  iint.t  out  SiiTrrei#rn  I*«'«H  'h*-  Kinir.  iIt  I.,  r  |« 
Sjiiiituiil  ai.«l  T.iiii»tifrtl.  hih!  (  omimuip  in  rar!iaai«iit  »•••  r.p  .^l 
that  wWnaa  it  in  tWlareil  an*!  en-u'el  ly  a  •tatutr  (!.»!«• 
ill  the  time  of  the  mign  uf  Km^*  K  !»ai*l  thr  Kir«t.  ci»m- 
numlv  callt^l  Siaiaium  d*  TalUnjit  fum  ttnr^^l^ntio^ ,  that  no 
tallage  or  jiil  iJiftH  he  lai«l  or  Ifvinl  h\  thr  King  i»r  hif  Krirt 
in  thi»  rrmlm.  without  tkie  gumlwtll  an«l  a**ent  i»f  the  Artb- 
buho|«.  lU«hopa.  FUrU,  lUnmn.  Kiti^l.t*,  liurgove*.  ar.i|  oibrr 
thr  fn^mrn  of  the  commonaltv  i*f  thi*  nalm  aihI  I.t  authnrit% 
of  Tarliament  h«'li]rii  in  the  fiTi*  aIkI  twr:*i«th  vt«r  *1  th^ 
reign  of  KincKilwanl  th^*  Third  *.  it  i«  «l*>!jirr«i  \uk\  rnaetrd. 
that  frnm  tkieii<*efi>rth  \\*y  |trr«i>it  Bhall  Im*  rtini|>elle<l  \**  make 
mny  loan*  to  thr  King  AhTAin-t  hi*  «ill,  l*eeau««'  mch  htini  wen 
againft  reamn  and  tli«>  irnui'hifte  of  the  land  ;  .ind  by  othrr  lava 
of  ihU  ri-aliii  it  it  pr 'Tided,  that  ni>ne  •)H»iild  be  charged  by 
any  charge  or  iniiki^ition,  ralle*!  a  lirnevolenre.  or  hy  turh  like 
rhargi**.  hy  which  tkn*  statute*  hefi»re  meuticmeil.  and  other 
the  giM«l   Uw<  nnd   ■tatutt«  «f   thi*    leahn    \oiir   tuhjecta  liave 

iM    I*;*.     II    14;.  >  ''W  *  \%ii»t$,  I'   *7 


I  \  ... 


'•  .«^i 


! 


4'* 


1:. 


<    * 

:tl 


1  r      t),M  ••    •.:■-■ 


\ 


i6a8]  The  Petition  of  Right  67 

inherited  this  freedom,  that  they  should  not  be  compelled  to 
contribute  to  any  tax,  tallage,  aid,  or  other  like  charge,  not  set 
by  common  consent  in  Parliament : 

Yet  nevertheless,  of  late  divers  commissions  directed  to 
sundry  Commissioners  in  several  counties  with  instructions  have 
issued,  by  means  whereof  your  people  have  been  in  divers 
places  assembled,  and  required  to  lend  certain  sums  of  money 
unto  your  Majesty,  and  many  of  them  upon  their  refusal  so  to 
do,  hnve  had  an  oath  administered  unto  them,  not  warrantable 
bv  the  laws  or  statutes  of  this  realm,  and  have  been  constrained 
to  l)ecome  bourd  to  make  appearance  and  give  attendance 
before  your  Privy  Council,  and  in  other  places,  and  others 
of  them  have  been  therefore  imprisoned,  confined,  and  sundry 
other  ways  molested  and  disquieted :  and  divers  other  charges 
have  been  laid  and  levied  upon  your  people  in  several  counties, 
by  Lords  Lieutenants,  Deputy  Lieutenants,  Commissioners  for 
Musters,  Justices  of  Peace  and  others,  by  command  or  direction 
from  your  Majesty  or  your  Privy  Council,  against  the  laws  and 
free  customs  of  this  realm  : 

And  where  also  by  the  statute  called,  *The  Great  Charter 
of  the  Liberties  of  England  \*  it  is  declared  and  enacted,  that 
no  freeman  may  be  taken  or  imprisoned  or  be  disseised  of  his 
freeholds  or  liberties,  or  his  free  customs,  or  be  outlawed  or 
exiled;  or  in  any  manner  destroyed,  but  by  the  lawful  judg- 
ment of  his  peers,  or  by  the  law  of  the  land : 

And  in  the  eight  and  twentieth  year  of  the  reign  of  King 
Edward  the  Third ',  it  was  declared  and  enacted  by  authority 
of  Parliament,  that  no  man  of  what  estate  or  condition  that  he 
be,  should  be  put  out  of  his  lands  or  tenements,  nor  taken,  nor 
imprisoned,  nor  disherited,  nor  put  to  death,  without  being 
brought  to  answer  by  due  process  of  law : 

Nevertheless,  against  the  tenor  of  the  said  statutes',  and 
other  the  good  laws  and  statutes  of  your  realm,  to  that  end 
provided,  divers  of  your  subjects  have  of  late  been  imprisoned 
without  any  cause  showed,  and  when  for  their  deliverance  they 
were  brought  before  your  Justices,  by  your  Majesty's  writs  of 
Habeas  Corpus,  there  to  undergo   and  receive  as  the  Court 

»  9  Hen.  III.  29.  »  28  Ed.  III.  3. 

'  37  Ed.  III.  18;  38  Ed.  III.  9;  42  Ed.  III.  3;  17  Ric.  II.  6. 

F  a 


dw«U  oHot.  ud  tlMh-  tmrm 


aiti  to  mttitj  th> 


hgr  te  Lotds  irf  yHir  Privy  Osucil,  aad  yvl  ««*  nrtanMl 
iMok  to  nnnl  fwiiotM,  wtUmrt  ln(i«  cl«rfMl  witk  rajtU^ 
to  wkieh  Umj  miyhl  auka  aatmt  ■watJiiiit  to  tiM  la«  : 

Aid  wlianM  ot  hu  gnat  eomfm^m  ot  vUi«n  ud  — ritw 
Urc  bwB  dbptnad  iato  dirw*  ewBtiMaf  tha  mK  •»!  tk 
tolMfcilMte  ^piMt  Umv  wilk  hm  \mm  wrtM  to  rwitw 


■yilMt  tU  Iwn  wl  lailiwi  of  tUa  wlm.  ud  to  tfe  grMt 
{[rirruMB  mm]  v«udda  af  Um  pAopW : 

And  wiMnM  aIm  bf  ralbori^  of  Pftritoawnl.  b  Ifca  isth 
rMW  of  tiM  nip  •'  Klaf  Edmd  tba  TUid '.  it  ii  dwknd 
•nl  MHtod.  tint  m  bu  tlwil  bi  fcn>idfMl  ol  Ub  or  l»h 
■([■tHt  tlN  farm  vt  tk  OrMl  Outer.  umI  tk*  bw  of  tbt  U*d : 
ukI  by  lb*  Mid  Of«U  CUitor  ud  otbOT  tb>  ton  aad  ttotarin 


b«t  bjr  Um  bn  wlBbHibad  fa  tbii  yaw  ndto.  ahbar  by  th» 
eutom  ■#  U»  MM  nalB  or  by  Aato  of  F  " 
wbanM  M  atfwdor  of  what  Uad  Mvnr  b  n 
|K«eMdlii(t  to  b»  vmA,  and  pvabhsMrta  to  b«  ii 
bwiMdrt»tai«idtbbr>vn«l«:  wnHlMbairi 
lUBiif  111  I  ud«  TMr  M«Htr'>  ^nat  8^  ^'v ^ 
brwhUi  MTtato  fmtatm  ban  bM  ■wig-l  aad  Mffm^k^ 
Otmmmkmwn  witb  pow  aad  aBtborhf  to  prawad  wiibto 
'  (  jMtba  of  Mrtbl  bv  ^Mt  mA 
dbnlBto  I I  iM^  wHb 


L 


■  ud  «d«,  H  b  afiMabb  to  tHbl  b«,  aad 
I  to   %km»  ti  WBT,  to  prow  I J  to  tb*  utol 
■  -  »U  b. 

«s«t«tod  aad  pat  to  dMib.  ■■Mjiiig  % 

Br  pnteit  wbanoC.  MM  of  J 
bam  iff  MM  «f  tba  «U  (>> 
wd  *ban.  U  bjr  tht  bm  aad  Matatoa  of  Iha  b^  tb^y  fed 

<  ■»  H.  IIL  ».       *  f  Hm.  UL  •*!  II  H.  m.  41  ■■  M.  111.  1 


i6a8]  The  Petition  of  Right  69 

deserved  death,  by  the  same  laws  and  statutes  also  they  might, 
and  by  no  other  ought  to  have  been,  adjudged  and  executed : 

And  also  sundry  grievous  offenders  by  colour  thereof,  claim- 
ing an  exemption,  have  escaped  the  punishments  due  to  them 
by  the  laws  and  statutes  of  this  your  realm,  by  reason  that 
divers  of  your  officers  and  ministers  of  justice  have  unjustly 
refused,  or  forborne  to  proceed  against  such  offendei*s  according 
to  the  same  laws  and  statutes,  upon  pretence  that  the  said 
offenders  were  punishable  only  by  maHial  law,  and  by  authority 
of  such  commissions  as  aforesaid,  which  commissions,  and  all 
other  of  like  nature,  are  wholly  and  directly  contrary  to  the 
said  laws  and  statutes  of  this  your  realm : 

They  do  therefore  humbly  pray  your  Most  Excellent  Majesty, 
that  no  man  hereafter  be  compelled  to  make  or  yield  any 
gift,  loan,  benevolence,  tax,  or  such  like  charge,  without 
common  consent  by  Act  of  Parliament;  and  that  none  be 
called  to  make  answer,  or  take  such  oath,  or  to  give  attendance, 
or  be  confined,  or  otherwise  molested  or  disquieted  concerning 
the  same,  or  for  refusal  thereof;  and  that  no  freeman,  in 
any  such  manner  as  is  before-mentioned,  be  imprisoned  or 
detained;  and  that  your  Majesty  will  be  pleased  to  remove 
the  said  soldiers  and  mariners,  and  that  your  people  may  not 
be  so  burdened  in  time  to  come;  and  that  the  foresaid 
commissions  for  proceeding  by  martial  law,  may  be  revoked 
and  annulled ;  and  that  hereafter  no  commissions  of  like  nature 
may  issue  forth  to  any  person  or  persons  whatsoever,  to  be 
executed  as  aforesaid,  lest  by  colour  of  them  any  of  your 
Majesty's  subjects  be  destroyed  or  put  to  death,  contrary  to  the 
laws  and  franchise  of  the  land. 

All  which  they  most  humbly  pray  of  your  Most  Excellent 
Majesty,  as  their  rights  and  liberties  according  to  the  laws 
and  statutes  of  this  realm :  and  that  your  Majesty  would  also 
vouchsafe  to  declare,  that  the  awaits,  doings,  and  proceedings 
to  the  prejudice  of  your  people,  in  any  of  the  premises,  shall 
not  be  drawn  hereafter  into  consequence  or  example  :  and  that 
your  Majesty  would  be  also  graciously  pleased,  for  the  further 
comfort  and  safety  of  your  people,  to  declare  your  royal  will 
and  pleasure,  that  in  the  things  aforesaid  all  your  officers  and 
ministers  shall  serve  you,  according  to  the  laws  and  statutes 


70  CoHshiut$onal  Di^umn^is^ 

of  thia  rralui,  as  Uiey  temlrr  the  boinMir  vi  vvui  Mj^jr^ty.  an4 
tb*  |ir«»«|irritv  of  lliii»  kllJf^ltillt 

^Whicb  I'tftitiub  liriii^  rrAi)  tlir  Jud  oi  June  l6j».  Um 
KiuK"  «tu*««*r  maa  tbua  ilih\cic«l  unto  it. 

TLe  Kiii^  villrth  tbM  h|rbt  l«  iluiiC  accordinir  to  the  Uvt 
And  cu»ti}iiia  nf  tbc  rraliu;  aimI  tb«t  the  Rtrntutc*  br  fiUt  ia 
du«  riecutiun.  tbat  bia  lubJFCti  idav  hftte  tiu  caust  to  cuiii|iUin 
of  any  wruii^  or  op|iiT*»i«*ii«.  tmittAry  tu  tbeir  jusc  ricbt*  Atid 
liltrrtim,  tc»  ibr  |irrarrvati«i||  wbrrmf  ht  Ixild*  bin:ielt  a»  well 
obliifrtl  ju  of  bi«  prriu^Ativr. 

f>u  Juhr  7   the  Aii*wir  h.i«  u'i%cii  la  tbr  A4:cuttoiiml  iorm« 


11.    Till.    Kl.M(>.N<*11U>4'|.    A«tAINf*T    TuSf^tAUft    AXI»    ruVXt'Atil. 

Mi«t  (irMcioii*  S>veri-i;:ii.  yi>ur  Majevty'i  inoal  loyal  aihI 
dutiful  ftubje«-tft,  th«*  riimiu<»i)4  in  tbit  pmeiit  Pkriument 
•••eiuUeii,  ieiog  lu  iiotbiiitf  tn*  n*  cartful  than  u^  the  hiMMPur 
atul  |»ruiipf'rity  of  your  Maj**^t%.  ai.tl  tlie  kiiiffdooi,  which  tliey 
know  iit>  inuib  dr|»rmi  u|NfU  that  lui|>|>y  unioo  and  rela'.itKi 
lietwi&t  v>ui  Majfty  and  y<<ur  |iro|i)e,  do  with  mocb  ^AT^m 
a|f|iieb«  mi,  that  by  ieaM»u  (if  the  iiioertainty  of  their  cootmiaance 
t«vvthir.  the  unfX|ie<-te\i  interrupt imii  which  haw  hern  ca»t 
U|iiiii  them,  aiul  the  shoitiieva  of  tinir  iii  which  %our  Majevly 
kialb  \\vu  riuint^l  t«»«*ntl  this  S*«f>ii>n,th«*%  cannot  brinff  to  maturity 
and  |H-i  fti  (ion  ilivft*  bumnf  ••#€■«  t*f  «i-ci^*ht.  wbitb  tbry  haTe  taken 
into  ti.rir  ioii>id«'ratiuu  iiiul  re««lutif»n.  a*  iDt«t  iin|k>rtaiit  for  the 
tMintiiMii  i:>">*i  atuxiiiTnt  iitb'T  tbiii^'B  tttry  liave  taken  into  r<y»x  lal 
larr  till-  }ii-|«iii.^  ot  .1  lull  lor  the  irrantintf  of  yiair  Ma;r»tY 
puib  A  «u)t«;'iy  of  Ti'iiiiAiff  and  I'uuiKia^e.  aa  miirtit  upbold 
>our  I  r< M  AU'l  rt*%t-nue  in  as  atu|<le  a  manner  aa  tlteii  ju«t 
tare  ainl  rt*4|M.  t  tf  tra«lt<  iwhcrnn  not  only  the  |m«|«n'y. 
Imt  *'\*'M  tiir  lit**  «f  ibt  kiii»'<ioiii  dt»tb  ion*i»t)  woold  |<ermit : 
but  K  iii^'  «  witrk  wLu*h  will  rcfjuire  much  tiuie.  and  \\i^* 
|<irjiti«<ii  by  iontfit-iice  with  yuur  Majr>ty •  otbcer*,  and  with 
tbr  niriib«iit».  i.*>t  oi.Iy  o|  I««i|idoii.  but  ol  other  leiuute  fiarta. 
Uif  \  t.i..i  tt  u  t  |«>  ••.i-l«   lu  In*  av«"m|  ii«li*d  a1  tbi*  time     «ii«rie 


i6a8]  Remonstrance  against  Tonnage  and  Poundage  71 

fore  oonsideriug  it  will  be  much  more  prejudicial  to  the  right 
of  the  subject,  if  your  Majesty  should  continue  to  receive  the 
same  without  authority  of  law,  after  the  deteimination  of  a 
Session,  than  if  there  had  been  a  recess  by  adjournment  only, 
in  which  case  that  intended  grant  would  have  related  to  the 
first  day  of  the  Parliament ;  and  assuring  themselves  that  your 
Majesty  is  resolved  to  observe  that  your  royal  answer,  which 
you  have  lately  made  to  the  Petition  of  Hight  of  both  Houses  of 
Parliament;  yet  doubting  lest  your  Majesty  may  be  misinformed 
concerning  this  particular  case,  as  if  you  might  continue  to  take 
those  subsidies  of  Tonnage  and  Poundage,  and  other  impositions 
upon  merchants,  without  breaking  that  answer,  they  are  forced 
by  that  duty  which  they  owe  to  your  Majesty,  and  to  those  whom 
they  represent,  to  declare,  that  there  ought  not  any  imposition 
to  be  laid  upon  the  goods  of  merchants,  exported  or  imported, 
without  common  .consent  by  Act  of  Parliament,  which  is  the 
right  and  inheritance  of  your  subjects,  founded  not  only  upon 
the  most  ancient  and  original  constitution  of  this  kingdom,  but 
often  confirmed  and  declared  in  divers  statute  laws. 

And  for  the  better  manifestation  thereof,  may  it  please 
your  Majesty  to  understand,  that  although  your  royal  prede- 
cessors the  Kings  of  this  realm  have  often  had  such  subsidies, 
and  impositions  granted  unto  them,  upon  divers  occasions, 
especially  for  the  guarding  of  the  seas,  and  safeguard  of 
merchants;  yet  the  subjects  have  been  ever  careful  to  use 
such  cautions,  and  limitations  in  those  grants,  as  might 
prevent  any  claim  to  be  made,  that  such  subsidies  do  proceed 
from  duty,  and  not  from  the  free  gift  of  the  subjects:  and 
that  they  have  heretofore  used  to  limit  a  time  in  such  grants, 
and  for  the  most  pai-t  but  short,  as  for  a  year  or  two,  and 
if  it  were  continued  longer,  they  have  sometimes  directed  a 
certain  space  of  cessation,  or  intermission,  that  so  the  right 
of  the  subject  might  be  more  evident.  At  other  times  it 
hath  been  granted  upon  occasion  of  war,  for  a  certain 
number  of  years,  with  proviso,  that  if  the  war  were  ended  in 
the  meantime,  then  the  grant  should  cease;  and  of  course  it 
hath  been  sequestered  into  the  hands  of  some  subjects  to  be 
employed  for  the  guarding  of  the  seas.  And  it  is  acknow- 
ledged by  the  ordinary  answers  of  your  Majesty's  predecessors 


in  lUr  awnt  to  lU  Bilb  «f  NlaUin  vf  TigMi^>  m< 
hMMbca,  tfcAt  it  te  af  lk«  MUtN  id  oikrr  HiWdiMi  p*- 
«mlbic  ftw  lK»  gw4«tU  of  lU  Nb)wc.  V«7  1^  of  yMt 
pwJwiMiW  hMi  K  far  Hfa,  ntU  tht  niga  of  Hm^  WU*. 
«l»  ««■  m  far  Imi  wwtTJBg  Im  Ih4  uij  righ* 
tktf  aMbM^k  h*  giwlMl 

far  raniviag  tba  nfabdjr  of  Tmh^*  aad  Pa—rti^i.  wrtO 
tW  MUM  WW  fmlad  uto  Um  in  FluiiMMM.  flfaM  bfa 
Um  all  Um  Xii«>  mhI  Qm^m  <tf  tkk  nmln  Imtc  ^4  tW 
Uka  Rnoto  far  lib  I7  tlw  fraa  lav*  smI  foedwOl  of  tba 
•ab^Mta.  A>d  vlniuaewr  th*  pwpk  Imt*  ban  fti*va4  if 
lajing  anj  mpautioM  or  utiiar  cfcargai  «p«i  tbatr  gaMia 
and  ■atrtM^JiaM,  wkboat  wrthwitj  af  Inr  (wUA  Mk 
baM  Mi7  wMam).  j«l  ipas  a— H''"*  >■  Pariiawt  thay 
bsw  baaa  fartbwHh  nli«*dl;  aavi^  b  tba  Umm  af  jwm 
nj^  btbar,  wbo  lavi^  tltiMfh  iD  aauvl  nfa^  Iba  ntaa 
ud  <^arfta  spn  ■irabawJtiii  to  thai  batifM  al  vfcfab  Ibay 
■WW  am,  jat  ba  waa  plwpl  ao  far  faHb  to  jriald  I*  tba  aaan 
plaist  itf  bb  paafla.  aa  to  a«rr  tlHl  if  tba  ««Im  af  Ibaaa 
iMpe^aiM  wbwb  ba  bad  aH  slffbl  ba  naaa  flaad  ula  kirn, 
ha  wmM  bM  biaaalf  m^  bfa  bain  br  Aat  af  Pwlk^ 
■nar  la  hf  aiqr  atbar;  wbiab  iMtr  tba  Oohmm  m  ibM 
tlM,  !■  racwtl  of  tba  $nU  bwdan.  dU  M  ttdiJk  tk  tm  paU 
«ato.  NrartbalM.  jmr  fa^d  OaMMoa  ia  «1^  Pi  ill  !■  ill. 
Ml  nt  iMr  aapaejal  aaal  to  jpmt  aarriaa,  mi  a^iiaJ  r^Md 
of  joar  fwiag  aaaaMU^  ban  laka*  Ma  tbair  mmiim^ 
tioD,  aa  to  bsaa  a  gnal  pi  nbiidjr  af  l^wa^  ar  W— JNIi 
ta  yaar  Uitf^.  thai  both  y«a  n^(bt  ban  Ibm  tba  Uttar 
I  «<  Tsar  ntim,  aad  foar  ial|ii>la.  hj 


J 


fto  pracaad  iatbiiraaarM  el  Kada;  by  tba  janaaai 
t  yaar  lUfai^a  pmlt.  ami  likavita  *!■  rtn^lb  af  tb* 
kiafdoai  waaU  ba  vary  maab  aafaatod. 

Bat  aol  ■•«  bnac  aUa  t«  aaeo^pWl  tUa  tbatr  daaba, 
than  b  BO  ooana  kA  aato  tbaat.  witbMt  BMinifail  bwaab 

■  tmmtf,  imt  r— a*^  «m  y.M  l«  Ufc  to  M— »4  IT  w  l«l« 

(I  *  4  ll  IV  ,  Xat.  P'W.  *.  *a«      ti   «m  ate  aiMHa4  la   i^l}  *■ 
■Mart  m  h>  bb  ,1 11^  lit),  o!  tt  •)>.  I 


i6a8]  The  King*s  Speech  73 

of  their  duty,  both  to  your  Majesty  and  their  country,  save 
only  to  make  this  humble  declaration,  'That  the  receiving 
of  Tonnage  and  Poundage,  and  other  impositions  not  granted 
by  Parliament,  is  a  breach  of  the  fundamental  liberties  of 
this  kingdom,  and  contrary  to  your  Majesty's  royal  answer 
to  the  said  Petition  of  Bight/  And  therefore  they  do  most 
humbly  beseech  your  Majesty  to  forbear  any  further  receiv- 
ing of  the  same,  and  not  to  take  it  in  ill  part  from  those  of 
your  Majesty's  loving  subjects,  who  shall  refuse  to  make  payment 
of  any  such  charges,  without  warrant  of  law  demanded. 

And  as  by  this  forbearance,  your  Most  Excellent  Majesty 
shall  manifest  unto  the  world  your  royal  justice  in  the  obser- 
vation of  your  laws :  so  they  doubt  not,  but  hereafter,  at  the 
time  appointed  for  their  coming  again,  they  shall  have  occasion 
to  express  their  great  desire  to  advance  your  Majesty's  honour 
and  profit. 

12.  The  Kino's  Speech  at  the  Pborooation  of  Pabuamemt 

AT  THE  END  OF  THE  SkSSION  OF  1628. 
[June  a6,  i6a8.     Lordi  JoumaU,  iii.  879.    See  Hist,  of  Engl,  vt  324.] 

It  may  seem  strange,  that  I  come  so  suddenly  to  end  this 
Session ;  wherefore  before  I  give  my  assent  to  the  Bills,  I  will 
tell  you  the  cause,  though  I  must  avow,  that  I  owe  an  account 
of  my  actions  to  none  but  to  God  alone.  It  is  known  to  every 
one,  that  a  while  ago  the  House  of  Commons  gave  me  a  Re- 
monstrance *,  how  acceptable  every  man  may  judge ;  and  for 
the  merit  of  it,  I  will  not  call  that  in  question,  for  I  am  sure  no 
wise  man  can  justify  it. 

Now  since  I  am  certainly  Ibformed,  that  a  second  Remon- 
strance '  is  preparing  for  me  to  take  away  my  profit  of  Tonnage 
and  Poundage,  one  of  the  chief  maintenances  of  my  Grown, 
by  alleging  I  have  given  away  my  right  thereof  by  my  answer 
to  your  Petition;  this  is  so  prejudicial  unto  roe,  that  I  am 
forced  to  end  this  Session  some  few  hours  before  I  meant  it, 

^  A  general  remonBtrance  on  the  misgovemtnent  of  the  kingdom,  in 
which  Buckingham  wm  named  as  the  author  of  abuies,  had  been  presented 
to  the  King  on  June  17. 

*  See  No.  ii. 


74  CoHsiiiuhonal  Documenis  ;iM» 

Wing  willing  m»t  t«»  nc«*i«r  aii>  tn«iiT  hrnkoii»trAiicr*.  t«*  wbicb 
I  must  gtvr  »  hariih  aiktwt  i 

Aiitl   »inoe  I  rtv  tkmt  rvrn   thr    li<  um*  tif   Comiiioii*  liririiii 
mlrr«ilv  ti>  makr  ta)»«<  ronst  ructions  of  wluit  I  grmnird  in  jcmr 
Prtitioii.  lr«t  it  miKht  U-  whfm*  intcq>ri*tf«l  in  thr  onantri 
I  «ill  now  ni«kr  m  UrcUntiuu  cuocrriiinir  tlie   true  mc«iiinir 
thereof : 

Thr  pn>fe«pion  of  hoth  lliiUte*.  iti  timr  of  hamiucniig  thw 
IVtitHji.  wa»  no  WATu  t«»  intrrnrh  up^m  mv  rrrrogmtive,  Mjing, 
thrv  had  neither  int«*Dti«>u  nor  fKiwrr  to  hurt  it. 
fore  it  muit  nr«cU  he  ctimeivnl  that  I  kwvr*  ifrmutcvi  ito 
hut  only  coulirmrtl  the  »ncirnt  liliertie*  u\  nij  tuhjcct* :  vet 
to  ftiiow  thr  rh-unrM  of  mj  intentions,  that  I  or  it  her  repent, 
nor  rnenn  to  tcceilc  fn>iu  an\tltiiit;  I  h*\e  |>romitc«l  yoa.  I  do 
h«n*  «irclare,  that  those  thinics  which  kuire  k>ren  doiM*,  wherrb% 
rorn  hail  m'Iih*  caum*  t4>  iuii{>ect  the  likn-rties  of  thr  subitctt 
to  U>  trt'nt'hrd  upi>n. — which  intler<i  was  the  first  Ami  tmr 
grtKiiMl  ti  thr  lVtitti*n.  nhall  ihit  hrrsAfler  be  drawn  int«> 
rKsni|>lr  for  your  |»rrjuittrr ;  sinl  in  timr  to  c<imr,  on  thr  wortl 
of  A  king  TiHi  Khali  n<it  luiTr  thr  like  cause  Ui  cooiplaan. 

Hut  a»  for  Toniiagr  ami  PouuiUgr,  it  is  a  thtB|t  I  CMUw4 
want,  hihI  wa-  nr.rr  i:.tri.ilnl  by  you  to  ask,  DOT  meant — 
1  am  »uir — t^y  ni«'  to  grant. 

T<>  <on«Iu<lc,  I  i-«iiniiiAn«l  Tfu  all  that  are  here  to  t^ke 
iMiiu'c  «<f  aliat  I  hiiTi*  ii|Htkrn  at  this  time,  to  be  thr  tmr 
intrnt  .hhI  mraniiitr  «>f  wKnt  I  grAUtrvl  y*>u  tn  your  iVtitHiii ; 
but  c»|H*t-iaIIy.  \uu  luy  I^>it|i  thr  Ju«lge«,  for  to  you  only 
ui»tl«T  nir  hrltMigs  thr  intripiriAtiou  of  la»>:  f«<r  none  ol  tlir 
IIoU««-  I't  C\>niiii«>iiii.  joiiii  tif  •«-|urate.  (mhat  tirv  i|t«tnnr 
dorvrr  nia\  U-  i.fti*«-«l)  haVt*  «uiv  piW«*r  rithcr  t«»  make  tir 
drclatr   a  ia«   «itiiuut  i..\   i:>>iisriit* 

'    Tbr  .Mt  rUuM  <4  thw  |ttr*^r»(h  i«  i-* miri««l  fri4a  TaW   /liif.  il  454 


i6a8]  The   King's   Declaration  75 


13.  Thk  Kiiio's  Declakation  pbi^fixed  to  the  Akticles 

OF  Religion. 

[November,  1628.     Commonly  printed  with  the  Book  of  Common 
Prayer.     See  nut.  of  Engl,  vii.  20.] 

Being  by  God's  ordinance,  according  to  our  just  title, 
Defender  of  the  Faith,  and  Supreme  Governor  of  the  Church, 
within  these  our  dominions,  we  hold  it  most  agreeable  to 
this  our  kingly  office,  and  our  own  religious  zeal,  to  conserve 
and  maintain  the  Church  committed  to  our  charge,  in  the 
unity  of  true  religion,  and  in  the  bond  of  peace ;  and  not  to 
suffer  unnecessary  disputations,  altercations,  or  questions  to  be 
raised,  which  may  nourish  faction  both  in  the  Church  and 
Commonwealth.  We  have  therefore,  upon  mature  deliberation, 
and  with  the  advice  of  so  many  of  our  Bbhops  as  might  con- 
veniently be  called  together,  thought  fit  to  make  this  declaration 
foUowing : 

That  the  Articles  of  the  Church  of  England  (which  have 
been  allowed  and  authorised  heretofore,  and  which  our  clergy 
generally  have  subscribed  unto)  do  contain  the  true  doctrine 
of  the  Church  of  England  agreeable  to  God's  Word :  which  we 
do  therefore  ratify  and  confirm,  requiring  all  our  loving 
subjects  to  continue  in  the  uniform  profession  thereof,  and 
prohibiting  the  least  difference  from  the  said  Articles ;  which 
to  that  end  we  command  to  be  new  printed,  and  this  our 
declaration  to  be  published  therewith: 

That  we  are  supreme  Governor  of  the  Church  of  England : 
and  that  if  any  difference  arise  about  the  external  policy* 
concerning  the  injunctions,  canons,  and  other  constitutions 
whatsoever  thereto  belonging,  the  Clergy  in  their  Convo- 
cation is  to  order  and  settle  them,  having  first  obtained  leave 
under  our  broad  seal  so  to  do :  and  we  approving  their  said 
ordinances  and  constitutions;  providing  that  none  be  made 
contrary  to  the  laws  and  customs  of  the  land. 

That  out  of  our  princely  care  that  the  churchmen  may 
do  the  work  which  is  proper  unto  them,  the  Bishops  and 
Clergy,  from  time  to  time  in  Convocation,  upon  their  humble 
desire,  shall  have  license  under  oui*  broad  seal  to  deliberate 


76  Caiu/ihUiemai  Dotmrnmitf  [tm 

oC  Md  li  da  «U  HMk  tUap  M,  M^  Mdt  fWa  tgr  IImi. 
Md  I  iitil  arti  by  m,  thkU  omms  Uh  Mitlad  «». 
Iliiiiiri  rf  tU  aMtriM  a^  dMpBM  of  tW  CUrdt  rf 
Ei«1m4  bm  MuUHUd;    »«■  »Uak  ««  «ai  Mt  aiaw* 

•oj  Tftfjinff  or  il»|pMliaf  In  tha  ImM  ifc||iifc 

TiMt  br  tha  jnmM,  thdoffa  taai  Jilwiiw  tmm  ham  iQ 
tmiMd.  7«t  n  Ukfca  li  wlurt,  in  tUi,  thai  aB  tl»iyia  vitbta 
■  Ww  alwagra  noal  wUU^Ir  MbwiM  to  ttw  Aitidw 


U  Iha  ln%  umI,  liural  lainint  oT  Ik*  aU  Artkka;  Md 
thaHwbthBia«riag»|Mi1a.uiwy»HW|iiiiiillfftiiiii 
Ik.  MB  ol  ill  Mrta  uka  tW  Aiti<l«  atf  tU  CiMnli  (f  Si«k»l 
lobafar  Umh;  wUdi  ii  aa  arpuml  ^m.  thai  bom «f  Ifc^ 
iaiaad  ai^  iaitiM  aT  tha  Artiala  Mjahliihil 

Th«  thaidbii  ia  than  hath  aariaM  aad  aaliffj  diftr^ 
aaaM,  which  l«*a  Cor  ae  maaj  hasdrad  yaan,  ia  diftMl  tisM* 
aad  ptaM,  MM^Md  Iha  Ckanh  af  ChrW.  wa  vtil,  thai  aB 
fartWnri«M  Mn4  U  UU  Mida.  aad  tWa  di«p«tM  ahal 
«p  ia  Ood'a  inaiaia,  aa  thaj  ba  faoarally  art  Inrth  t«  aa  b 
Iht  holy  MriiMwaa.  a^  tha  frnmaX  ■■■lag  rf  tha  Aitialaa 
of  Um  Chanh  tf  EagUnl  aaaorfi^  to  than.  Aad  itel  m 
Man  hoMllar  tUI -ilher  pttat,  or  |BMah.  to  dn«  Hm  ArtUb 
■aid*  aa7  waj.  Ut  thall  aat»it  to  H  ia  tha  plain  mmi  Ml 
■Oiaiail  tharaof :  aad  ohall  sat  |i«l  Ua  awa  oma  or  eaaaMal 
to  ha  thaw  lalin  of  tha  Aftieia.  ht  AaU  taka  it  ia  tha  Ittatal 


That  tf  BBf  fthBt  Badv  ia  dihw  tf  aar  UaiiM^in. 
or  aajF  Hand  or  Hartor  of  a  Oilloga.  ar  anr  othot  pmoa 
r«ifartiT«l7  la  oithar  of  Uwm,  dMll  afli  aajr  now  oaaoa  to  ani 
Artida.  w  ihaO  pablicly  laad,  datactoiaa,  ar  haV  aay  pAUc 
dtapatatiaa,  or  mCm-  aajr  oneh  la  ha  hold  oithar  w^.  to  oithar 
tha  Uaiiiowiti—  ar  OollofM  wo|waitol]r ;  or  If  aay  diviaa  in 
Um  UaivOTvlioa  riMll  pnaeh  or  ptia*  aay  thiaf  aithor  w%j, 
athor  Iba  ia  abwdr  rotahifebd  ia  Cbnawatka  with  aar  fOfil 
•oaaat;  ha,  or  thojr  tha  ifiii  lirii.  oha»  ht  Ibhb  to  aw  dia- 
plMoan,  a«l  tha  Chanb'o  caaoaa  in  owr  I    I  i  aacW- 

mUcbI,  aa  wan  a*  aar  athor:    and  «a  will  ow  Ihora  ihall  ha 
d—  aaiiaUiB  nyaa  iho*. 


C698-9]  Resolutions   on   Religion  77 


14.  Resolutions  on  Religion  drawn  by  a  Sub-Committee 

OF  inE  House  of  Commons. 

[February  24,  i6a8-9.     Cobbett*f  Parliameiitary  History,  ii.  ool.  483. 

See  nut,  of  Engl.  vii.  65.] 

Heads  of  Articles  to  be  insisted  on,  and  agreed  upon,  at 
a  Sab-Committee  for  Religion. 

I.  That  we  call  to  mind,  how  that,  in  the  last  Session  of 
this  Parliament,  we  presented  to  His  Majesty  an  humble 
declaration  of  the  great  danger  threatened  to  this  Church 
and  State,  by  divers  coui<ses  and  practices  tending  to  the  change 
and  innovation  of  religion. 

II.  That  what  we  then  feared,  we  do  now  sensibly  feel ;  and 
therefore  have  just  cause  to  renew  our  former  complaints 
herein. 

III.  That,  yet  nevertheless,  we  do,  with  all  thankfulness, 
acknowledge  the  great  blessing  we  have  received  from  Almighty 
Ood,  in  setting  a  king  over  us,  of  whose  constancy  in  the 
profession  and  practice  of  the  true  religion  here  established, 
we  rest  full  assured';  as  likewise  of  his  most  pious  zeal  and 
careful  endeavour  for  the  maintenance  and  propagation  thereof ; 
being  so  far  from  having  the  least  doubt  of  His  Majesty's 
remissness  therein,  that  we,  next  under  God,  ascribe  unto  his 
own  princely  wisdom  and  goodness,  that  our  holy  religion  hath 
yet  any  countenance  at  all  amongst  us. 

TV.  And  for  that  the  pious  intention  and  endeavours,  even 
of  the  best  and  wisest  princes,  are  often  frustrated  through  the 
unfaithfulness  and  carelessness  of  their  ministers ;  and  that  we 
find  a  great  unhappiness  to  have  befallen  His  Majesty  this  way ; 
we  think,  that  being  now  assembled  in  Parliament  to  advise  of 
the  weighty  and  important  affairs  concerning  Church  and 
State ;  we  cannot  do  a  work  more  acceptable  than,  in  the  first 
place,  according  to  the  dignity  of  the  matter,  and  necessity  of 
the  present  occasions,  faithfully  and  fireely  to  make  known, 
what  we  conceive  may  conduce  to  the  preservation  of  Ood's 
i*eligion,  in  great  peril  now  to  be  lost;  and,  therewithal,  the 
safety  and  tranquillity  of  His  Majesty  and  his  kingdoms  now 
threatened  with  certain  dangers.     For  the  clearer  proceedings 


78  CofisHhitionnl    Pt^umfPtts  't6tM  o 

thririn.  w^  •hall  il«*rliir<».   i.   Whut    tlm*^  «Unflrr»   unH  incut, 
vcni^nt'r*  atv.      j     W'hvuct*   tliry   ;»ri«*».      \     In  m»*mr^  •<>rt,  h'»w 
th«'v  m*%*   l«e  re«lrr«*»»<l. 

Thr  <fiiin:ini  fnfiy  fipt««*Ar  j»a»tlv  frMm  th**  r-.n*!*!* nit»«»n  ■•< 
th«»  »t«tr  of  rriiu'ioii  nl>n4ul :  iin<l  parily  fmtn  tin*  ri»n'iih"f» 
th^r»»<»f  within  Hi«  M.-ir-ty'a  own  «l*»fnininn«,  nn  I  r«pr«ii:i^ 
within  thi<  kiniril'^m  i»f  Knu''Ar.«1. 

Fruni  nhit»flMl  w**  ninkr  lh«-M»  «»)»««Tv.^t'<»n» :    |.   V»\  tl.r   •'■.'.*}'*'. 

m 

ami  |»r^v.ilrnl  |HirtT.  hy  which  trnr  nliiri'ii  i*  aitiwily  ••|i|«i«r«l. 
aiiil  thr  «xmtrmrT  maintnin^l.  2.  Th«-ir  liimhin*'!  r<>Mn*rU. 
forr»«,  uttemptii,  An<l  pr.irticf^.  t<»if»'thrr  with  n  mi»t  iJiiicrtit 
|iar«uit  of  their  (lr«ii;i>*>.  nimintf  at  the  «nh\«r*i'»n  of  nil  iK« 
l*n»t»'«tAnt  <*lnirrhf«»  in  •'hri'-trii.lofn.  v  *^*  wmk  rf^tM*nr<* 
thiit  i*  miit\e  .-%frtin»t  thrin  4  Thrir  Tirti>niiu«  mw\  •nrrr*»fiil 
ent«'rpri«t^,  wh«»r*»hy  th«»  < 'hurchru  of  IJrrriMJT,  Krsnc*.  »ihI 
otht*r  pl.ii  e*.  %rt  in  fi  tsmi  jwrt  nlrta'ly  niineil.  An«l  thr  r»«t 
in  thr  nni*t  wmk  jukI  ini«rnihlr  r<in<)iti<>n 

In  Hi*  M«j«*«ttT*p  own  ilominion**.  thr«r  :  1  In  Sr».tlart«!.  th*- 
•tim  Utrt\  rmiMNi  luul  in-oI«'nr<M  i*iininiitt«-«l  hy  thr  l*opi*h  p*rt>. 
ha%*r  Alt*>.iily  not  n  littlr  ili«)!iirtr<l  th.it  fninfiM  l^liurrh  :  •  f 
wiiirh.  withri>ni!ort  wr  tikr  nt»tir#».  Hi*  Maj«'»ty  htth  ri|ir>— *J 
hini»e't  ricrt^hni;  «rn«ihlr ;  an<i  h«ith  acronlinirl)  iri^rti  m*M 
r%*\.\i  Mu\  pru«lrnt  ihnvtfm*  th*T«-in.  9.  In»lAn«1  i«  ii<>wr  AJrooct 
wh.-ll\  M\rn|'rr«d  with  Puprnr,  nwArmine  with  fmr»,  prircts. 
lUiiX  .Ii-Miit*,  ftii«l  otiirr  •U|«rr«titi«»««  |'«T*«'n«  of  all  ••>?!*  .  vhoir 
pr.utirr  !•  «Uil\  t.»  •rilmnr  Hi«  Miij#»«ty'»  •uhjrrt*  fmm  thrir 
allfifiiini*!-.  (iml  t.-  r«n*t«  thrni  to  Ailhrrr  ti»  hi«  rnrmirt  TKa! 
rri«n  in  tho  ritr  <>f  iMU-lin.  in  thr  \i.'W  *^(  tl>r  Stutr.  wbrrr  o»«t 
nmny  \r.kr«  *iih'«-.  jib  wr  harr  hrrn  civdihly  infonnr*).  thrrr 
w«-Tr  ff'u  iT  n<«nr  tli.it  irfuMNl  to  r«ime  to  churrh.  tbcpr  »rr 
Utflx  r«-«ti«rril  Aiitl  »r»M  tfsl  f.-r  fri.ir^  J«-«tiit«.  and  itli»UtrMU« 
ma*.-  I'!  :••!••  tliirtir'i  h<»u«ir*.  Iwintj  n:«»n*  til  niimhrr  tKnn  tli^ 
|«iri<*li  il.ui«-'i**  iii*hin  that  rit\  .   hr«.ilt*«  many  lanrr  likrwite 

rr*t.'tril     III     th«*     \H-*t     {kart*    of    th«'     kll:C'h>ni,     AD«i    thr    |irO|*tr. 

ahii  «t  «'.-  li\.  n-^<>!t*<il  fn>m  onr  rrltirioD,  to  thr  oprn  rxrmar 
<.f  r..j.i«h  •up«*nitition.  Thr  dantrrr  from  hrno  it  furth^ 
inrrra^ifl.  \\  rra*«<n  nf  'lir  ir«trr«'-  nr»r  whirh  tlir  •ti*«jr<-t«>,  of  »1I 
•frt*  I  .  th.it  kiiik**i«*n).  hivr  inS*  Spciin.  aO«l  tlir  Arrh<iuchc«»  • 
co'.rttr}  .     ar;ii     *^jt,     *>(    latr      i|i\rr«     |innci|ia!     t^nHtAa     hriii|f 


i6a8-9]  Resolutions   on   Religion  79 

Papists  are  trusted  with  the  command  of  soldiers ;  and  great 

numbers  of  the  Irish  are  acquainted  with  the  exercise  of  arms 

and   martial    discipline;     which,    heretofore,   hath   not    been 

permitted,  even  in  times  of  greatest  security.     3.  Lastly,  here 

in  England  we  observe  an  extraordinary  growth  of  Popery, 

insomuch  that  in  some  counties,  where  in  Queen  Elizabeth's 

time  there  were  few  or  none  known  Recusants,  now  there  are 

above  2000,  and  all  the  rest  generally  apt  to  revolt.     A  bold 

and  open  allowance  of  their  religion,  by  frequent  and  public 

resort  to  mass,  in  multitudes,  without  control,  and  that  even  to 

the   Queen's  Court;    to   the  great  scandal  of  His  Majesty's 

government.      Their  extraordinary    insolence;     for    instance, 

the  late  erecting  of  a  College  of  Jesuits  in  Clerkenwell,  and 

the  strange  proceedings  thereupon  used   in  favour  of  them. 

The  subtle  and  pernicious  spreading  of  the  Arminian  faction ; 

whereby  they  have  kindled  such  a  fire  of  division  in  the  very 

bowels  of  the  State,  as  if  not  speedily  extinguished,  it  is  of 

itself  sufficient  to  ruin  our  religion ;    by  dividing  us  from  the 

Reformed  Churches  abroad,  and  separating  amongst  ourselves 

at  home,  by  casting  doubts  upon  the  religion  professed  and 

established ;    which,  if  faulty  or  questionable  in  three  or  four 

Articles,  will  be  rendered  suspicious  to  unstable  minds,  in  all 

the  rest,  and  incline  them  to  Popery,  to  which  those  tenets,  in 

their  own  nature,  do  prepare  the  way :    so  that  if  our  religion 

be  suppressed  and  destroyed   abroad,  disturbed   in  Scotland, 

lost  in  Ireland,  undermined  and  almost  outdared  in  England, 

it  is  manifest  that  our  danger  is  very  great  and  imminent. 

The  causes  of  which  danger  here,  amongst  divers  others,  we 

conceive  to  be  chiefly  these  instanced  in  :    i.  The  suspension  or 

negligence  in  execution  of  the  laws  against  Popery.     2.  The 

late  proceedings  against  the  College  of  Jesuits*.     3.  Divers 

letters   sent  by  Sir  Robert   Heath,  His   Majesty's   Attorney, 

into  the  country,  for  stay  of  proceedings  against  Recusants. 

4.  The  publishing  and  defending  points  of  Popery  in  sermons 

and  books,  without  punishment;    instance  Bishop  Montague's 

three  books,  viz.  'The  GagV  'Invocation  of  Saints',' and  his 

»  Hifi,  of  Engl.  vi.  338. 

'  A  gag  for  the  new  gospel  I     No  /  a  neto  gag  for  an  old  goote.     1624. 
'  Immediate  addres$  unto  Ood  alone  .  .  .  enlarged  to  a  juH  treatise  of 
invocation  of  aaints. .    1624. 


1 


■AppMl':'  •!■  Dr. ('««•»-•  ■Oarw)>''UMltlMBWwp of  aii» 
OHlar'i  HirmwM  *.  5.  TIm  Wd  Mid  OMwamstad  iBliidwMf. 
|«»cti>iAK,  kDd  J«ftn«Hiif  vt  mb^  m«  iiMii»in  Mid  kfiag 
■I  i^jHBili—  Bp—  —a  hj  tinmmn  af  tti  ChwA  — d  rtfcw, 
«illMikMUMritj,la«MiAnBil]rlollMChmkallt«M:  ^fer 
■Mfli.  h  ■McidMM  MMti^  ■#  almi.  im  Mmn  ifciagiig 
lU  mmI  Mid  pMcrAad  ■mir  of  ylirixf  lb  ——tw 
taUc,  uid  Mtlioir  it  kt  Um  sppw  Md  irf  tbf  thwgil.  Mstb  »d 
wolK.  in  imiuiiaa  pf  \km  Hi(li  Ahv;  I9  vkkh  Uwf.  kIm, 
«UI  it.  uid  adorn  it  villi  «MdtMlkfc^  wUdi,  bjr  lb*  u^tmetiam. 
IS  Da..  ««■  ta  W  l«l«B  awar ;  a*d  da  alw  ■»)■  olniMMa 
by  boviag  tlMrmatai,  aoMaMdbg  bm  to  ■taad  «p  M  tiVwia 


i  far  whkh  thm  b  m  wlWitj ;  a^tafali^  tka 
WWMMaWakadMdwllfaMU  K  vdJ;  wttii^  op  irf  pirtWfc 
Itfrt^  Md  tiyi  in  ihiriliii ;  ptayiac  tovanb  tlw  art,  ann- 
i^  ad  caawi  aMtaat  «<  fi«MK.  6.  TU  Uaa  aad  ■lualirfail 
aaadbcadljr  of  Plipiata,  ^Am^  t^  do  aol  Hly  rr^a  ika  b», 
balebtauyboaaortnaiaadaBlJMritr:  Jiwlaaw  Mr  \kvwm 
if  Oidbri.aadhMltMtiMviiltantotlMliiBrpw*;  tW  BblHp 
af  QlMwMar;  and  lb  aav  Blahap  of  Dvkas.  y.  TW 
■appnaiilaf  a^  rartraiat  of  tb  ortbodos  daalria^  aaataiMd 
in  Uk  Ailidao  of  BaUtpM,  eoaCmad  ia  Ptrilawiil.  1%  Ua. 


I  daMriaa  oT  lU  CbMah  rf  g^h^  *■  tb* 


«raw  AitU^ia 
dmwtod  poiato,  b  kaowa  aad  pwnd.      t.  TW 


pahliaUac  af  baafca.  aad  praaaUflt -f  • 


ddMK  Ifaafarf:  laataaea  Bbkap  Mnalagaa'a  'Ooc'  aad 
•  Appaal,*  Hr.  Jadona'a '  Boak  of  Um  toiaia  aU  Attiifcaua  «« 
Ood.'  Dr.  WUla'i  l««  Mnaoaa  |ii^arlii^  at  Ctaait.  aa*  apea  ika 
gtfi  rf  Wiiriaifcg.  tht  oHwr  aa  QiiiilMii  iJ^  kMi  avl  fa* 
«f<kadoa  boak*  lappnMd.  JMtaaaa   b  aU  tlst  hat*  Wmt 

<  Jrw*U*  Cnimrwm.  %**%. 

*  J  .««««»•  ^-nMr  Smafhw  ...  alW  tk>  Hmm  af  rnwM.  >«M 

•  PnhiUrib  JUafJfM,  hyflilt»)  ITii  liM,  p^lihhJ  la  **r* 
lb  MM  wr  BWmp  af  OlMcaM.     A  bm  iAM*  «m  \mmmk  la  ■••« 


z6aB-9]  Resolutions  on  Religion  8i 

written  against  Bishop  Montague  and  Cosin,  yea  even  Bishop 
Carleton's  hook.  9.  That  these  persons  who  have  puhlished 
and  maintained  such  Papistical,  Arminian,  and  superstitious 
opinions  and  practices,  who  are  known  to  he  unsound  in 
religion,  are  countenanced,  favoured,  and  preferred:  instance, 
Mr.  Montague  made  Bishop  of  Chichester;  also  the  late 
Bishop  of  Carlisle  ^  since  his  last  Arminian  sermon  preached 
at  Court,  advanced  to  the  hishopric  of  Norwich;  a  known 
Arminian'  made  Bishop  of  Ely;  the  Bishop  of  Oxford', 
a  long-suspected  Papist,  advanced  to  the  bishopric  of  Durham ; 
Mr.  Cosin,  advanced  to  dignity  and  a  great  living ;  Dr.  Wren, 
made  Dean  of  Windsor,  and  one  of  the  High  Commission 
Court.  10.  That  some  prelates  near  the  King,  having  gotten 
the  chief  administration  of  ecclesiastical  affairs  under  His 
Majesty,  discountenance  and  hinder  the  preferment  of  those 
that  are  orthodox,  and  favour  such  as  are  contrary  :  instance, 
the  Bishops  of  Winchester  *  and  London  ^  in  divers  particulars. 
The  points  wherein  the  Arminians  differ  from  us  and  other 
the  Reformed  Churches,  in  the  sense  of  the  Articles  confirmed 
in  Parliament,  13  Eliz.,  may  be  known  and  proved  in  these 
controverted  points,  viz.:  i.  By  the  Common  Prayer,  established 
in  Parliament.  2.  By  the  book  of  Homilies,  confirmed  by 
the  acts  of  religion.  3.  By  the  Catechism  concerning  the  points 
printed  in  the  Bible,  and  read  in  churches,  and  divers  other 
impressions  published  by  authority.  4.  Bishop  Jewel's  works, 
commanded  to  be  kept  in  all  churches,  that  every  parish  may 
have  one  of  them.  5.  The  public  determination  of  divinity 
professors,  published  by  authority.  6.  The  public  determina- 
tion of  divines  in  both  the  Universities.  7.  The  Resolution 
of  the  Archbishop  of  Canterbury  and  other  rev.  bishops  and 
divines  assembled  at  Lambeth,  for  this  very  purpose,  to  declare 
their  opinions  concerning  those  points,  anno  1595,  unto  which 
the  Archbishop  of  York  and  all  his  province  did  likewise  agree. 
8.  The  Articles  of  L*eland,  though  framed  by  the  Convoca- 
tion there,  yet  allowed  by  the  Clergy  and  State  here.  9.  The 
suffrage  of  the  British  divines,  sent  by  King  James,  to  the  Synod 
of  Dort.     10.  The  uniform  consent  of  our  writers  published  by 

^  Frandi  White.  '  John  Backeridge.  '  John  Howion. 

«  Richard  NeUe.  •  WiUUm  Laud. 

6 


8a  Consiiiuhonal   DocumeHis  ites-« 

•uthoritY.  II.  The  cruiun*!.  rrcAiiUtiontp  fioniilimenu.  and 
■uhmiMioiu.  nuMle.  rig(>iii«il.  mxI  iiiflictrtl  u|wa  ihume  thai 
Uuk'ht  ixtntnuy  themiDtu,  m  llarruw  and  ikrrtll  in  Canbriilft. 
•11(1  Hridgr*  in  Oifuni. 

The*  rriiiMly  of  which  ahuMt  we  coDceirc  maj  hr  thwf  : 
I.  PiM  tfsrcutiuu  of  law«  airainit  PajiitU  s.  Escmplary 
imiiiihineiita  to  hr  inflicted  upon  trachert,  publithetii,  and  nuin- 
tainrra  of  l'o|ii»h  o|iiiiion»,  and  |iractiiin||  of  Mprntitioiw  errt- 
monifs,  and  ■•imr  stiictrr  lawt  in  that  caw  to  br  pniritlrd. 
3.  The  orthoiiox  ductrinr  of  our  C*hurch,  in  these  now  cooUo- 
verted  |iointa  by  t)ie  Arminian  wet,  may  be  rttablitbrd  and 
freely  tautfht ;  AcctirdiuK  m  it  hath  bern  hitherto  gen«*nilly 
recriTnt,  withniit  any  alteration  or  innovation;  and  WTrrt 
imiii^hmnit.  by  thr  Fame  lawi  to  be  |iroTided  aipiinit  inch  aa 
■hall,  cither  by  won!  or  writing,  publish  anything  euntrmrr 
thereunt«».  4.  Hiat  the  laid  iMXikt  of  Hi»hup  Montague  and 
C\«iu  nidy  1m*  burned.  5.  Tluit  tuch  mm  have  been  aathon. 
or  alvttorn,  of  thutr  Popish  aiMi  Arminian  iniMnralioiM  in 
doctrine,  may  be  amditnilj  punished.  6.  That  •ome  good  order 
may  be  taken  for  licensing  l«>okt  herraftrr.  7.  Tlial  Ifw 
Mii]inty  would  lie  gnu:i(»usly  plraeitl  to  confer  biahoprica,  and 
nthtT  ecol<*siafttical  pref«>rroenta.  with  advice  of  his  liiTy  CooneiL 
u|»iin  learned,  pioue.  and  orthiMlox  men.  8.  That  liithopt  and 
rlrik'vmcn  bring  well  ch'-sen.  may  ie«ide  upon  their  charge, 
anil  with  dili^'rncr  and  fidelity  perform  their  Meenl  <hitica, 
.tntl  that  eccorilinirly  they  may  be  amntenanci^  and  preferred. 
V  Tliat  »om<*  ruurse  m»y.  in  this  I'arliament,  be  coneidered 
of.  fur  |>n»viding  coni|«tcnt  means  tA>  maintain  n  g^y*  i^l*!* 
minister  in  errry  |»Aiish  church  of  this  kingdi^m.  10.  That 
His  Msjcsty  w.uld  lie  graciously  pirased  to  make  a  special 
chi-icc  of  auch  persons^  for  the  execution  of  his  ecclesiastical 
ivni!:ii%si>>..f>.  as  are  approved  for  integrity  of  liCs  and  ■oundiisse 
of  dwtrinr. 

15.  rhiTK^TATiiiv  <*r  TMV  Iloiu  or  CoXHoxa 

M*rrh  I.  l6l*'-v      Kaah*>eUk.  1.  46o       !^m  Hut.  ^  A'afI    «tl.  *l.] 

I.  Whtisortrr  shall  bnng  in  innitvatiou  of  rebgioci.  or  by 
t<i\xui   or   cuuutei«ancr    ••erk    to  extend  or  intrudiaer   Tupery 


i6a6-9]  The  King^s  Declaration  83 

or  Arminianimn,  or  other  opinion  disagreeing  from  the  true 
and  orthodox  Church,  shaU  be  reputed  a  capital  enemy  to 
this  Kingdom  and  Commonwealth. 

a.  Whosoever  shall  counsel  or  advise  the  taking  and  levying 
of  the  subsidies  of  Tonnage  and  Poundage,  not  being  granted 
by  Parliament,  or  shall  be  an  actor  or  instrument  therein, 
shall  be  likewise  reputed  an  innovator  in  the  Qovemment,  and 
a  capital  enemy  to  the  Kingdom  and  Commonwealth. 

3.  If  any  merchant  or  person  whatsoever  shall  voluntarily 
yield,  or  pay  the  said  subsidies  of  Tonnage  and  Poundage,  not 
being  granted  by  Parliament,  he  shall  likewise  be  reputed  a 
betrayer  of  the  liberties  of  England,  and  an  enemy  to  the  same^ 


16.  The  EIinq's  Declaration  bhowinq  the  causes  of  the 

LATE  Dissolution. 

[M*rch  10,  i6a|.    Rmhworth,  i.  App.  i.    See  Ritt,  ofBmgl.  vii.  78.] 

Howsoever  princes  are  not  bound  to  give  account  of  their 
actions,  but  to  God  alone;  yet  for  the  satisfaction  of  the 
minds  and  afifections  of  our  loving  subjects,  we  have  thought 
good  to  set  down  thus  much  by  way  of  declaration,  that  we 
may  appear  to  the  world  in  the  truth  and  sincerity  of  our 
actions,  and  not  in  those  colours  in  which  we  know  some 
turbulent  and  ill-affected  spirits  (to  mask  and  disguise  their 
wicked  intentions,  dangerous  to  the  State)  would  represent 
us  to  the  public  view. 

We  assembled  our  Parliament  the  seventeenth  day  of  March, 
in  the  third  year  of  our  reign,  for  the  safety  of  religion,  for 
securing  our  kingdoms  and  subjects  at  home,  and  our  friends 
and  allies  abroad;  and  therefore  at  the  first  sitting  down  of 
it  we  declared  the  miserable  afilicted  estate  of  those  of  the 
reformed  religion,  in  Qermany,  France,  and  other  parts  of 
Christendom;  the  distressed  extremities  of  our  dearest  ancle, 
the  King  of  Denmark',  chased  out  of  a  great  part  of  his 
dominions ;  the  strength  of  that  party  which  was  united  against 

*  Thii  proteitation  wm  redted  by  HoUee  afier  the  Speaker  had  been  held 
down  in  his  chair,  as  the  Eling  was  approaching  to  break  open  the  door  of 
the  House  of  Commoni. 

'  Christian  lY. 

O  2 


CoHsiUuhonal  Documinh  li«ii^ 

lu;  that  (Iwtidft  the  i'u|»r,  and  the  Hou»r  of  Au%trui.  aiid 
tbeir  aucieut  cuiifrtienU^)  the  Fn> nch  Kin^*  prvftmd  the 
tooting;  out  of  the  rnrtcttAiit  lieliirioo  ;  that,  of  t)ie  lVit>ce« 
aod  StMtet  on  cor  |*Arty,  iome  were  oTerrufi.  othert  ciiTrrte<). 
and  •ome  di»AbIe<l  to  give  aatittauce :  for  which,  atid  other 
importAiii  motivet,  we  propounded  «  speed j  lupply  of  trcMure. 
aukwrrable  to  the  nrceMity  of  the  cause. 

Tbeto  things  in  the  beginning  were  well  re»ent#<i  hy  the 
House  of  CommoDs,  and  with  much  alacrity  and  resdioesa 
the  J  agreed  to  grant  a  lilteral  aid :  but  l>efort  it  was  broofht 
to  any  perfection,  they  were  diverted  by  a  multitodt  of 
fjoestions  raised  amongst  them  touching  their  liliertiat  aad 
priviletret.  and  by  other  long  disputes,  that  the  Bill  did  not 
pa^s  iu  a  long  time ;  and  by  that  delay  oor  afliurs  were  pal 
into  a  (mx  worse  case  than  at  the  first,  our  foraign  actions 
then  in  hand  being  thereby  dis|(raccd  and  luiAsd  for  want 
of  timely  help. 

In  this,  as  we  are  Dot  willing  to  derogate  from  the  merit 
and  good  iutentiooi  of  those  wise  and  moderate  men  of  that 
House,  (to  whose  forwardness  wr  attribute  it,  that  it  was 
propounded  and  reaoWed  so  soon) :  so  we  roost  needs  say, 
that  the  delay  of  passing  it,  when  it  was  rraoWed, 
by  cau»elrss  jealousies,  stirred  up  by  men  of  another 
did  muih  lessen  b.)th  the  reputation  and  reality  of  that 
supply :  and  their  spirit,  infused  into  msny  of  the  Commis- 
sioners and  Awsesaors  in  the  country,  hath  returned  up  the 
subaidiea  in  such  a  scanty  proportion,  as  is  infinitely  short 
n<^  only  of  our  great  occasions,  but  of  the  prroec^ts  of 
former  suUidies.  and  of  the  intentions  of  all  welJ-afliected  OMm 
in  tliat  Hi>use 

In  thi«e  large  disputes,  ms  wr  |»ermitted  many  of  our  high 
prerugmtires  to  be  debated,  which  in  the  beat  tiowa  of  our 
pr(«lecess«.>ni  tuul  never  been  questioned  withoat  pomshment 
or  sharp  re |  roof,  so  we  did  endeavour  to  have  ahorteoed  those 
debatea,  for  winning  of  time,  which  would  have  much  advan- 
taged our  great  affairs  bi»th  at  home  and  abroad.  KiA 
thert- fore  both  by  speeches  and  meessgci  we  did  ofUa  declare 
oor  (fiacioos  and  clear  reeolotioo  to  maiutAiA,  oot  ooly  the 
IWliameut,    bot   ail   ooi    people,  in   their   aacieat   aad  juat 


t6a8-9l  The  King's  Declaration  85 

liberties  without  either  violation  or  diminution ;  and  in  the 
end,  for  their  full  satisfaction  and  security,  did  by  an  answer, 
framed  in  the  form  by  themselves  desired,  to  their  Parliamen- 
tary Petitions  confirm  their  ancient  and  just  liberties  and 
rights,  which  we  resolve  with  all  constancy  and  justice  to 
maintain. 

This  Parliament,  howsoever,  besides  the  settling  our  neces- 
sary supply  and  their  own  liberties,  they  wasted  much  time 
in  such  proceedings,  blasting  our  government,  as  we  are  un- 
willing to  remember,  yet  we  suffered  them  to  sit,  until  them- 
selves desired  us  to  appoint  a  time  for  recess,  not  naming  either 
adjournment  or  prorogation. 

Whereupon,  by  advice  of  our  Council,  we  resolved  to  pro- 
rogue and  make  a  Session ;  and  to  that  end  prefixed  a  day, 
by  which  they  might  (as  was  meet  in  so  long  a  sitting)  finish 
some  profitable  and  good  laws;  and  withal,  gave  order  for 
a  gracious  pai*don  to  all  our  subjects;  which,  according  to 
the  use  of  former  Parliaments,  passed  the  Higher  House,  and 
was  sent  down  to  the  Commons.  All  which  being  graciously 
intended  by  us,  was  ill-entertained  by  some  disaffected  persons 
of  that  House,  who  by  their  artifices  in  a  short  time  raised 
80  much  heat  and  distemper  in  the  House, — for  no  other 
visible  cause  but  because  we  had  declared  our  resolution  to 
prorogue,  as  our  Council  advised,  and  not  to  adjourn,  as  some 
of  that  House  (after  our  resolution  declared,  and  not  before) 
did  manifest  themselves  to  afiect, — that  seldom  hath  greater 
passion  been  seen  in  that  House,  upon  the  greatest  occasions. 
And  some  glances  in  the  House,  but  upon  open  rumours 
abroad,  were  spread,  that  by  the  answer  to  the  Petition  we 
had  given  away,  not  only  our  impositions  upon  goods  ex- 
ported and  imported,  but  the  Tonnage  and  Poundage — whereas 
in  the  debate  and  hammering  of  that  Petition,  there  was  no 
speech  or  mention  in  either  House  concerning  those  impo- 
sitions, but  concerning  taxes  and  other  charges,  within  the 
land ;  much  less  was  there  any  thought  thereby  to  debar  us 
of  Tonnage  and  Poundage,  which  both  before  and  after  the 
Answer  to  that  Petition  the  House  of  Commons,  in  all  their 

^  i.  e.  The  Petition  of  Right. 


1 


■pfMhwrad  inKtim,Ai  pnlw  Umjt  wm  wOliai  to  gm*; 
■aa  Bt  Uw  MBt  tia*  Moy  oUmt  ■liiJwtwpMilldM  «h» 
nfadi  of  t^i  FMitlM  iBi  Amw.  hr  MB  mi  mU  a*- 
Ui^JilM  b«««MB  wiU-aidind  Ubit^  n)l  lUmtiowMM; 
M  if  hy  ou  kMWOT  to  Ika  htUoB  «•  hid  kt  Imm  lh«  niM 
flf  Mr  (ownMot:  ui  In  tkb  aMaiMr.  Dm  Hom>  of 
OasMMM  l^rtoff  nUa  Ik  PwIm  (a  Mmt  wnr  4«m  to 
nj  isTMr  PfcrtoiMt)  ud  alk«  tMiuwi.  K  to  Imtc  hMB 
cMcWad  UmI  Himbb,  mm  of  I^m  «m«  almM  to  friat 
nd  natriv*  «  DmmiIimh  •«ub«  o«r  rvMivtof  rf  l^aMfB 
ud  I>MB<lag>.  wkU  «M  10  hr  yiBMiiIri  to  tba  Bi«kt  Mom 


by  Ua  eoirtrinn  Aanat,  ttol  Umj  mmI  to  baw  yat  it  to 
Um  TOto  «r  Um  Bm«  Iba  mM  nociili«,  bAn  «•  ih«M 


fivwn  ia  Ibal  HiMJaa.  sfcntod  to  ov  paopk  m  JllmaHil, 
ami  Mdk  nkUr  attmiai  onda  apM  mar  iMwir  to  Ika* 
PMitkn.  to  Iba  (ftodaatiM  «f  oar  fntH.  and  (wUdi  tna 
■an)  to  Iba  daapr  of  oar  grraraaaMi:  *■  rawlfrf  to 
faatato  tba  ftafaMag  af  tbal  BiainaHiw>w.  aad  alb«  da» 
l««M  limthwi  or  aaM  UUAdad  r«Hu.  ^  «di^  tha 
HiiriPB  tba  aait  ■afjiig.  mm»  inr  baaia  aeoaar  lha»  ■■• 
flapaatad,  aad  by  oar  e«a  BMaUt  to  dactoia  to  batb  Haaaa 
Iba  mam  tbanaf ;  aad  far  UadaHait  iba  qmadt^  ot  ihMa 
di^alar  iatorpntotlaw  af  tbat  PMitioa  aad  Aaaww.  to  ^ 


ba  u  aad  Mwltotli  rf  iva  ImL 
Tba  Smim  daa  wdad.  aad  tba  ISwMawtal  rtos.  Ibal  to- 


Uw4  iMai  toa  hr,  bat  naatrcd  to  fMttmwmU^Ota  fKMlka 
af  fcraar  agaa,  Md  anafla  af  oar  aaat  aeUa  pradMaaan; 
Uiakiag  Ikaa  caoaa*!*  bart  aaiiaafl,  vhtob  Uto  wtoto«  mt 


I 


faMrdt:     apea  «biab   it  wai  (oaad,  Ikd  ohlai^  to  tba 
PariiMMai  baUea  ia  tk  <ti«  far  aT  iW  i«i«a  af  Kit* 


X698-9I  The  King^s  Declaration  87 

Edward  the  Fourth,  the  snbsidy  of  Tonnage  and  Poundage 
was  not  granted  nnto  that  King,  bat  was  first  granted  unto 
him  by  Parliament  in  the  third  year  of  his  reign ;  yet  the 
same  was  accounted  and  answered  to  that  King,  from  the 
first  day  of  his  reign,  all  the  first  and  second  years  of  his 
reign,  and  until  it  was  granted  by  Parliament:  and  that  in 
the  succeeding  times  of  King  Richard  the  Third,  King  Henry 
the  Seventh,  King  Henry  the  Eighth^  King  Edward  the  Sixth, 
Queen  Mary,  and  Queen  Elizabeth,  the  subsidy  of  Tonnage 
and  Poundage  was  not  only  enjoyed  by  every  of  those 
Kings  and  Queens,  from  the  death  of  each  of  them  deceasing, 
until  it  was  granted  by  Parliament  unto  the  successor;  but 
in  all  those  times  (being  for  the  most  part  peaceable,  and  not 
burdened  with  like  charges  and  necessities,  as  these  modem 
times)  the  Parliament  did  most  readily  and  cheerfully,  in  the 
beginning  of  eveiy  of  those  reigns,  grant  the  same,  as  a  thing 
most  necessary  for  the  guarding  of  the  seas,  safety  and  defence 
of  the  realm,  and  supportation  of  the  royal  dignity:  and  in 
the  time  of  our  royal  father  of  blessed  memory,  he  enjoyed  the 
same  a  full  year,  wanting  very  few  days,  before  his  Parlia- 
ment began ;  and  above  a  year  before  the  Act  of  Parliament  for 
the  grant  of  it  was  passed :  and  yet  when  the  Parliament  was 
assembled,  it  was  granted  without  difficulty.  And  in  our  own 
time  we  quietly  received  the  same  three  years  and  more, 
expecting  with  patience,  in  several  Parliaments,  the  like  grant 
thereof,  as  had  been  made  to  so  many  of  our  predecessors; 
the  House  of  Commons  still  professing  that  multitude  of  other 
businesses,  and  not  want  of  willingness  on  their  part,  had 
caused  the  settling  thereof  to  be  so  long  deferred :  and  there- 
fore, finding  so  much  reason  and  necessity  for  the  receiving 
of  the  ordinary  duties  in  the  Custom  House,  to  concur  with 
the  practice  of  such  a  succession  of  Kings  and  Queens,  famous 
for  wisdom,  justice,  and  government ;  and  nothing  to  the  con- 
trary, but  that  intended  Remonstrance,  hatched  out  of  the 
passionate  brains  of  a  few  particular  persons;  we  thought  it 
was  so  far  from  the  wisdom  and  duty  of  a  House  of  Par- 
liament, as  we  could  not  think  that  any  moderate  and  discreet 
man  (upon  composed  thoughts,  setting  aside  passion  and  dis- 
temper) could  be  against  receiving  of  Tonnage  and  Poundage; 


88  Comstiiuiumal  Documgmis 


ti 


etprcUllr  aincc  we  du.  and  ttill  nutt.  purvue  thoa»  #D<la.  Aftd 
Di.dcrKti  that  rhanrr.  fur  which  it  was  6rM  ffruitfd  to  tkv 
Ouwii ;  It  bavinfr  t^^n  wo  loDif  and  couttantlT  CfiBtinOfd  to 
our  prvdrt-ovtirs.  m  that  in  fi4ir  t^reral  Acts  of  rarliam#tkt 
Ui€  the  icraotiutf  thrirof  to  King  Edward  the  Hiitb.  ynmi 
Mary.  Vurcn  Klixatirth,  and  our  blcMMl  fathrr.  it  ii  ia  ai- 
prm  ternit  mentioned,  to  have  lieen  bad  and  enjoyed  hf  Ike 
Mveral  Kingi,  named  in  tbo»e  acti.  timr  out  of  mind,  by 
autboritj  of  Parliament:  and  ther^fcra  upon  tbrae  reuftiot 
wr  held  it  afrreeal>le  to  our  kinglj  honour,  and  nccumnrj  far 
the  aafetj  ami  ic^^nI  of  nur  kinirdtim.  to  continue  the  receipt 
thrrritf.  aa  mi  many  i>f  our  predrcetaora  bad  ilooa.  Wberefurt 
wlieu  a  frw  merchants  (hrtng  at  firat  but  one  tr  two  .  Ibment«l. 
aa  it  ia  well  known,  hy  thotc  evil  ■|Mrita.  that  would  have 
hatched  that  undutiful  It' m<  mat  ranee.  U^an  to  oppoae  tba 
|ia>nient  of  uur  accuitomfd  dutiea  in  tlie  C*uatom  IIoum.  we  gave 
order  to  the  officera  of  uur  customa  tu  go  on,  notwitbatanding 
that  oppoaitiun.  in  the  receiTing  of  the  uaual  dutiea  ;  and  canaad 
tbctar  that  refused  t4i  l«  warned  to  atteml  at  the  (*ouncil  RcMUt), 
that  hjT  the  wiadoni  and  authority  of  «-ur  (*ouncil  tkey  might  be 
redui'etl  to  ubedirme  and  dutv;  where  Mime  oC  them.  witlMMt 
revrmice  or  r^a|in-t  to  the  honour  and  dignity  of  that  prrwoce 
lwlia«rd  tLemM*ivrii  with  luch  Ivildi  eaa  and  inaoleoey  of  aptcb. 
an  waa  not  to  lie  rndurrd  by  a  tar  meaner  aaaembly.  much  \tm 
to  !<«*  ccMintenanced  hy  a  Ifouae  of  Tarliamcnt.  against  tlie  body 
of  itur  I'nvy  Council. 

Ai.d  a*  in  tbia  we  did  what  in  reason  and  honour  was  fit 
for  thf*  |)rrarnt.  b«i  our  thoughts  were  daily  intent iva  upon 
the  rea»»eml'ling  uf  uur  Tarliament.  with  full  intention  on 
r  |i.<rt  to  take  away  all  ill  understanding  lietween  us  and 
r  ]»n  pir.  wh«HM>  love  as  we  desired  to  contii.iM  and  pre- 
rt  r%e.  ao  we  usnl  tmr  best  ^mlravi  ura  to  pre|iar«  and  facilitate 
t:.ff*  way  to  it  :  and  ti  thia  ei.d.  tiaving  taken  a  strict  and 
rmct  ftUiTev  'f  «»ur  goveinm«-nt,  l^jth  in  tlie  rhurrh  and 
i'oiiiiiiou«faith.  aiiil  what  thii.i.i  wrre  must  lit  and  neceaasry 
to  («  ieti>nic«l.  »f*  fi>ui.«l  in  the  tirat  place  lliat  much  e&* 
•  e|«ii*'n  had  Uen  taken  ut  a  twuk  entitled  Ayptilo  Ctmmrrm. 
•t  an  Aff^al  to  ''•i#*fir.  mi.l  pu)  li»hr«i  in  the  year  1615 
hy    KiiiiAia    y*  i*t«.^'i.e.  tiiru    i>«ciirH*r   u(    Diiiiiit^.  and  nw« 


II 1 


i69a--9l  The  King^s  Declaration  89 

Bishop  of  Chichester;  and  becaase  it  did  open  the  way  to 
those  schisms  and  divisions  which  have  since  ensaed  in  the 
Church,  we  did,  for  remedy  and  redress  thereof,  and  for  the 
satisfaction  of  the  consciences  of  oar  good  people,  not  only 
by  our  public  proclamation,  call  in  that  book,  which  minis- 
tered matter  of  ofifence,  but  to  prevent  the  like  danger  for 
hereafter,  reprinted  the  Articles  of  Religion,  established  in 
the  time  of  Queen  Elizabeth  of  famous  memory,  and  by  a 
declaration  before  those  Articles^,  we  did  tie  and  restrain  all 
opinions  to  the  sense  of  those  Articles,  that  nothing  might 
be  left  for  private  fancies  and  innovations.  For  we  call  God 
to  record,  before  whom  we  stand,  that  it  is,  and  always  hath 
been,  our  heart's  desire  to  be  found  worthy  of  that  title,  which 
we  account  the  most  glorious  in  all  our  Crown,  Defender  of 
the  Faith.  Neither  shall  we  ever  give  way  to  the  authorising 
of  anything,  whereby  any  innovation  may  steal  or  creep  into 
the  Church,  but  to  preserve  that  unity  of  doctrine  and  dis- 
cipline, established  in  the  time  of  Queen  Elizabeth,  whereby  the 
Church  of  England  hath  stood  and  flourished  ever  since. 

And  as  we  were  careful  to  make  up  all  breaches  and  rents 
in  religion  at  home,  so  did  we,  by*  our  proclamation  and 
commandment,  for  the  execution  of  laws  against  Priests  and 
Popish  Recusants,  fortify  all  ways  and  approaches  against 
that  foreign  enemy ;  which,  if  it  have  not  succeeded  according 
to  our  intention,  we  must  lay  the  fault  where  it  is,  in  the 
subordinate  officers  and  ministers  in  the  country,  by  whose 
remissness  Jesuits  and  Priests  escape  without  apprehension, 
and  Recusants,  from  those  convictions  and  penalties  which 
the  law  and  our  commandment  would  have  inflicted  on  them: 
for  we  do  profess,  that,  as  it  is  our  duty,  so  it  shall  be  our 
care,  to  command  and  direct  well;  but  it  is  the  part  of 
others  to  perform  the  ministerial  office,  and  when  we  have 
done  our  office  we  shall  account  ourself,  and  all  charitable 
men  will  account  us  innocent,  both  to  God  and  men;  and 
those  that  are  negligent  we  will  esteem  as  culpable  both  to 
God  and  us,  and  therefore  will  expect  that  hereafter  they  give 
us  a  better  account. 

And,  as  we  have  been  careful  for  the  settling  of  religion  and 

^  Sm  p.  75. 


[>« 


Ck«n4,  n  *«n  w«  Ml  uMtHUU  of  thi  praMnw 
Um  g<  iIm  Jul  ukd  Mcimt  UbvtiM  tt  «ar  n^Mta,  wkkk  «« 
MCttrtd  to  Umoi  by  oar  (tmwm  uw<nr  to  tkt  PiUliMi  1>  f^r- 
IwHMrt,  hiTing  not  i^bm  IW  tin*  don*  any  art  wlMn4ir  to 
faifriagvtbMt:  bat  «w  ear*  it,  and  b«vllv  iball  bii  to  batf 
than  •alii*  aad  isrwIaUiva*  w*  wmU  da  oar  ava  riglM  aid 
wvaniinir,  h«viii«  lor  dial  pwpoM  «nllMl  tiw  IMImb  aid 
Awmr  is  ow  OMita  if  Jwliar. 

MmI  to  iW  m«  of  nlicin  aad  of  ow  nl^atk^  rl^riig  «• 
dU  aar  b«l  farlha  Mn>MM<  mi  aatt-odwtof  rf  Ihal  aU 


BO  part  halb  baoB  WMtefaUj  apMrt.  Bar  pat  to  aay  athw  bm, 
tlaw  thaaa  Cv  wUA  H  waa  d«ir«d  aad  niaalod.  aa  ^oa 
pyl  of  oar  SoM  aad  amy ;  whvoia  o«r  can  hatk  Woa 
■Bih  ao  wa  oIhm  latW  to  dhfaatoat  oar  daarMi  Mm^  aad 


■i^  wito  to  oar  piofli  Wo  hafo  altoy  with  part  «f  thaa 
moaim,  Infu  to  fappl^  aar  ma^mam  aad  itora*  if  mmUm, 
■ad  to  pal  oar  aa»7  iato  a  ogaMaal  larm  aad  fltd«-.  Ow 
flaat  Bkmito  b  flttin^  aad  alMrt  ia  a  ffiaai.  wWoty 
t^  aarmr  tm»  nay  fat  Roardad,  cowBMaa  awteubad.  aad 
oar  htayiaai  Meon>d  fron  all  bcaifv  altonpto.  Tbiaa  aoto 
of  oan  aiiiilrt  ban  anda  thia  faapiaaaoa  ia  aD  good  abAk 


•«iaa^  aa  wi^  bmI  owdaao  to  tfct  nalatoaoMo  of  nMgfoo. 
hoooar  of  oar  ffOwnaMt,  aad  toMjr  «(  oar  poopto.  Bol 
wllb  ailathiawiaa  oma  n       ~    ~       ~ 


laalStoaoa,  bilaf  by  oar  pnaaaly  «ai»  m  iMJaaal;  nlinnd, 
tbo  PkrIiaMaat  iiai  iiillil  Uh  tOTaUolh  of  Jaawy  la* 
Wo  imptolad.  ■iiiriHag  to  Iho  caadoar  nd  iliiir<M  d"  aar 


r  of  a  riaM  aailiiiliaii^  brtai 


lawd  artbta,  did  rtriva  to  aaha  a««  wrk.  ai^  to  In**  ■ 
dlaaaai   oa   CmI.  to  ho^  tlwMMlvoi  ia  vt^wma,  aad  to  ba 


i6a8-9]  The  King's  Declaration  91 

employed  and  entertained  in  the  core.  And  yet  to  manifest 
how  mnch  offences  have  been  diminished,  the  committees  for 
grievances,  committees  for  Courts  of  Justice,  and  committees 
for  trade,  have,  since  the  sitting  down  of  the  Parliament, 
receiyed  few  complaints,  and  those  such  as  they  themselyes 
have  not  thought  to  be  of  that  moment  or  importance,  with 
which  our  ears  should  be  acquainted. 

No  sooner  therefore  was  the  Parliament  set  down  but  these 
ill-affected  men  began  to  sow  and  disperse  their  jealousies, 
by  casting  out  some  glances  and  doubtfxd  speeches,  as  if  the 
subject  had  not  been  so  clearly  and  well  dealt  with,  touching 
the  liberties,  and  touching  the  Petition  answered  the  last 
Parliament  This  being  a  plausible  theme,  thought  on  for 
an  ill  purpose,  easily  took  hold  on  the  minds  of  many  that 
knew  not  the  practice.  And  thereupon  the  second  day  of 
the  Parliament,  a  committee  was  appointed  to  search  whether 
the  Petition  and  our  Answer  thereunto  were  enroUed  in  the 
Parliament  roll,  and  in  the  Courts  at  Westminster,  and  in 
what  manner  the  same  was  done.  And  a  day  also  was  then 
appointed,  on  which  the  House,  being  resolved  into  a  com- 
mittee, should  take  into  consideration  those  things  wherein 
the  liberty  of  the  subject  had  been  invaded,  against  the 
Petition  of  Bight.  This,  though  it  produced  no  other  effect 
of  moment  or  importance,  yet  was  sufficient  to  raise  a  jealousy 
against  our  proceedings,  in  such  as  were  not  well  acquainted 
with  the  sincerity  and  clearness  of  them.  There  followed 
another  of  no  less  skill;  for  although  our  proceeding  before 
the  Parliament,  about  matters  of  religion,  might  have  satisfied 
any  moderate  men  of  our  zealous  care  thereof  (as  we  are  sure 
it  did  the  most),  yet,  as  bad  stomachs  turn  the  best  things 
into  their  own  nature  for  want  of  good  digestion,  so  those 
distempered  persons  have  done  the  like  of  our  good  intents 
by  a  bad  and  sinister  interpretation;  for,  when  they  did 
observe  that  many  honest  and  religious  minds  in  that  House 
did  complain  of  those  dangers  that  did  threaten  the  Church, 
they  likewise  took  the  same  word  in  their  mouth,  and  their 
cry  likewise  was  Templum  Domini,  Templum  Domini,  when 
the  true  care  of  the  Church  never  came  into  their  hearts; 
and  what   the  one  did  out  of  zeal  unto  religion,  the  other 


9a  CoHsHhiiional  DocumfNts  [i 

took  up  A*  a  plau^ihU  thi'me  to  deprave  our  irnTmiinftit.  u 
if  wr.  our  clrriry  and  miincil.  wrre  rithrr  ■riiirIrM  ur  cmreU«i 
of  rrtitfion  :  ami  thi*  wicke<l  |>r»ctic-r  liath  \irtn  t«i  make  lis  M<eiii 
to  walk  U  fiiri*  ''Ur  |i««i|i|r  aa  if  wr  bali^nl  («fure  (fi^l. 

HaviDi;  l>y  tht-M<  artiticf-a  niaiie  a  jral<*ua  im|frp«aion  in  tKe 
hrarti  ot  mniiy,  and  a  «Uy  l«inK  ap|ii>iiitMi  to  trvat  of  the 
f^rant  of  T<innai;e  and  I'onndaire,  at  th*  time  prWised.  all 
riprrM  ip^at  willintrne««  to  irraiit  it.  I'ut  a  naw  ■train  la 
found  out.  that  it  rould  mtt  )*r  done  without  m^al  peril  to 
the  ricrht  of  th«*  iuliject.  nnleaa  we  «hould  di«claim  any  right 
therein,  hut  by  arrant  in  Tarl lament,  ami  tbould  canee  all 
thoie  isn<U  to  he  ri'^tiirr*!.  tihirh.  upi»n  cikmmandmenl  from 
u%  or  t»ur  (%ium'il,  wm-  ataid  by  our  olHcer  until  tkuae  datiea 
weri-  |>aid.  and  c-on«e«{uently  ihould  put  oararlvra  ont  of  the 
poaiie«*ion  of  the  Tom  a|rr  ami  I'oumlaffv  Iwfore  thry  vcrr 
pranteil :  fi>r  v\m\  it  wa«  pretrn«led,  the  tuhject  itood  not  in 
fit  ca«r  to  irrant  it.  A  fanry  aod  ravil  raia^l  of  purpoae  to 
triMiliIe  the  huRin<*«» :  it  heinff  eviilent  that  all  the  Kinc* 
befirr-nanied  did  rroi  ive  that  duty,  ami  wrre  in  actual 
po^ne^ninn  of  it  \^i*  re,  and  at  th<*  Terr  tine,  wlien  it  wa« 
planted  t«»  them  hj  Parliament  Ami  althoairb  we.  to  itwiw 
all  diihrultie*.  did  from  «»ur  own  mouth,  in  thoaa  clrar  and 
i>I»en  t«-rm4  that  miifht  havr  i.tti^fietl  any  moderate  and  well- 
dii»|*«<^r«l  Miiiid*.  flrt-i.ire  thai  it  wai  i>ur  meaninir.  bj  lk«  gift 
of  our  |e«i|i:r.  to  rnj<iy  it.  and  that  wr  ilid  not  cballens*  it 
of  riL'ht,  hut  tofik  it  *h  Um0  t$st,  ih^'ninir  tberebr  net  tbe 
ri^ht  hut  thf*  iierr«»ity  by  whirk  w«  won-  tu  take  it  .vhervin 
Wr  dr«rrnde«l.  fr  tlirir  «ati«fa«  tion.  «o  far  henratk  ouraelf. 
a«  we  air  cuiilidt-nt  tii-rrr  any  of  our  prnlrre««i»n  did  tke 
hkr  1)1  •!  wan  the  hke  r\er  n-«(uirr<l  or  rx|«*teil  fr^  m  tbem^ 
Vr^  liT  all  thii.  I  lie  Id  1 1  of  Toniia«:r  ami  I'ouinlaife  waa  laid 
u-i  ir.  ufiM  pr%*ti*nrt-  thry  mutt  fir«t  clrar  the  nifht  of  tbe 
nuljiTt  fhrrrin  ;  uM'I' r  rojuur  whrrrof.  they  rntertain  tbe 
ri-inpl  lilt*.  ti«>t  i-iily  if  .liihn  RJU.  a  mrmhrr  of  their  liouae 
h'lt  a'««>  of  ]:i<h.%rii  Th.-i rii I •rn.  Jotm  Fowke*.  aiMl  Raflholocnew 
<ti!miii.  .iL'iiii-t  t- r  ■  tV.<-cr«  of  oar  cuvtumt.  for  detamir^ 
thi  ir  c  tifiii  iij.  I)  frtii«iil  ti»  par  the  ordinary  iluty.  arco*ti*mr«l 
t.»  *r  ]  «iii  f'»!  thr  •.irnr  An  1  up'm  tf<-«e  complaint*  thry 
•«-ii«i  f •  r  the   ••t)ii-rrt  <•!   \Ur   ruit«  MiS.  rnfuriii  i;   them  to  att'-ud 


iftaB-9]  The  King*s  Declaration  93 

day  after  day  by  the  space  of  a  month  together;  they  cause 
them  to  produce  their  letters  patents  under  our  Qreat  Seal, 
and  the  warrants  made  by  our  Privy  Council  for  levying  of 
those  duties.  They  examine  the  officers  upon  what  questions 
they  please,  thereby  to  entrap  them  for  doing  our  service 
and  commandments.  In  these  and  other  their  proceedings, 
because  we  would  not  give  the  least  show  of  interruption,  we 
endured  long  with  much  patience  both  these  and  sundry  other 
strange  and  exorbitant  encroachments  and  usurpations,  such  as 
were  never  before  attempted  in  that  House. 

We  are  not  ignorant  how  much  that  House  hath  of  late 
years  endeavoured  to  extend  their  privileges,  by  setting  up 
general  committees  for  religion,  for  C^ourts  of  Justice,  for 
trade,  and  the  like;  a  course  never  heard  of  until  of  late: 
so  as,  where  in  former  times  the  Knights  and  Burgesses  were 
wont  to  communicate  to  the  House  such  business  as  they 
brought  from  their  countries;  now  there  are  so  many  chairs 
erected,  to  make  inquiry  upon  all  sorts  of  men,  where  com- 
plaints of  all  sorts  are  entertained,  to  the  unsufferable  dis- 
tnrbanoe  and  scandal  of  justice  and  government,  which,  having 
been  tolerated  awhile  by  our  father  aud  ourself,  hath  daily 
grown  to  more  and  more  height;  insomuch  that  young  lawyers 
sitting  there  take  upon  them  to  decry  the  opinions  of  the 
Judges;  and  some  have  not  doubted  to  maintain  that  the 
resolutions  of  that  House  must  bind  the  Judges,  a  thing  never 
heard  of  in  ages  past :  but  in  this  last  assembly  of  Parliament 
they  have  taken  on  them  much  more  than  ever  before. 

They  sent  messengers  to  examine  our  Attorney-General 
(who  is  an  oftcer  of  trust  and  secrecy)  touching  the  execu- 
tion of  some  commandments  of  ours,  of  which,  without  our 
leave  first  obtained,  he  was  not  to  give  account  to  any  but 
ourself.  They  sent  a  captious  and  directory  message  to  the 
Lord  Treasurer,  Chancellor,  and  Barons  of  the  Exchequer, 
touching  some  judicial  proceedings  of  theirs  in  our  Court  of 
Exchequer. 

They  sent  messengers  to  examine  upon  sundry  questions,  our 
two  Qiief  Justices  and  three  other  of  our  Judges,  touching 
their  judicial  proceedings  at  the  Gaol  Delivery  at  Newgate,  of 
which  they  are  not  accountable  to  the  House  of  Commons. 


94  ConsMuiional  Docufnenis  [t 

And  whcrcs*  luiti  wrre  comnirucr«i  iu  our  C\iart  nf  Star 
(^kuunhrr.  affAiniC  Kirluini  ( 'liAinberv,  Jnbn  Fovkc*.  lUrtkolo- 
tnrw  UtliiiAii,  Aiid  Ku-hanl  rkilli|>».  Iiv  our  Attonirj-CtmerBl. 
for  frrmt  miKlriiiMUMiura ;  tlir«  remilvrd  tkmt  tli^y  mr«  to 
liave  |invilrir«  of  I'arliarufiit  Airniiut  ui  fur  thrir  penou*.  far 
no  other  i*aiiiir  hut  lir<«u»e  tlic\  had  prlitioua  de|«iidiii|r  in 
tluit  lloUM*  ;   ftiwi  (which  ii  mure  strmiitcv)  thty  m^Ar^d  tiMtf 

•  Bi|r»ific«tioD  tbould  be  iu»tle  frffn  thui  Hou»e.  br  m  IrCler 
to  iMue  uiiiier  th«  hand  of  their  S|>c«krr  unto  thr  I^>ri  Keeper 
of  our  Great  Sr»l,  that  no  attachinenti  should  W  prahtnl  oat 
affainit  the  ikiid  C*hAiiilirr»,  Fowkr»,  (■iliii»n,  or  rhillip*.  ifurinif 
their  Mid  |tnvilei;e  of  rarlinmeiit.  Wberraa  it  ie  far  AUivr  the 
|H>wer  (if  tlMt  Ht'UM  tti  irive  dirrrtioo  to  any  of  «iar  Court*  at 
^Vrtt^lin^ter  tti  it  i^p  Attachment  a  afrainit  mnr  man.  tboagh  tierer 
lo  Ptrunirly  priTileffcd ;  the  hrrach  of  privilrtfe  IwiuK  not  in  the 
(*ourt  that  irrautfi,  but  in  the  l^artT  or  miniitrr  that  pata  ia 
rirrutioii  Mirh  attachraenta.  And  therefore,  if  any  aach  letter 
hail  roine  to  the  I^nnl  Keeper,  aa  it  did  not,  ht  ahuuld  bare 
htifhlv  otTrndrtl  ui  if  he  bad  oheved  it  NaT,  tber  vent  to 
tar  an  they  nfiareil  n«»t  the  honour  «f  «)ur  Council  RoaitJ,  hut 

•  xamiiirtl  thrir  |>ioct^lin|(a  in  thr  caae  of  our  cuit4iaicri,  inter- 
n^i^itinff  wlut  this  or  that  man  of  our  Council  aaid  in  dirrctifa 
«if  thrni  in  the  l>utinfRB  coniniittrtl  to  thrir  charffe.  And  when 
one  of  thr  mrnili«*n  of  that  Houte.  iiKaking  of  oar  Cttuntellora 
tenid  wr  had  wicked  counsel ;  and  another  laid  that  the  Coancil 
and  Jiidirra  piYUtfht  to  traiiiple  under  feet  the  lil«rtT  of  ihr 
vuhjei-t :  and  a  thini  tn^lucMl  our  (*«>urt  of  Star  Chamber  fur 
the  at  ntrme  ^ivrii  airaintt  Savage,  they  pa»»rd  with«vut  check 
or  crn^tirv  by  the  IluUir.  By  which  may  ap|«ar.  bow  far 
the  nu'iulirra  i>f  tliat  ift>uar  ha%-e  of  late  iwoln  l«yuod  the 
rulr*  I'f  niiHlrratiun  and  the  luodraty  of  former  timet ;  and 
this  under  |'rrteiicr  of  priTiIefpe  and  frre<lum  of  tpaecb,  whrnr^ 
bv  thrv  take  hhrrtv  to  declare  airainat  all  aatlturity  of  Ciancil 
ai}d  Courts  at  tlif-ir  fileasure. 

Tliry  sent  fur  our  Shi-ritf  of  Li^ndou  to  eiamin«  hua  in 
a  cause  wlirrenf  they  hail  no  junndictiou ;  their  true  ami 
am  irnt  jurisilit'tMii  estrndin^  «*nly  to  their  own  membera,  and 
to  th«-  comerratiun  ot  their  priTilcfrts,  and  not  to  the  censara 
uf  fun'i|cu  i^rsous  and  cauaea.  whuh  have  no  ralatiou  to  their 


1698-9]  The  King's  Declaration  95 

priyileges,  the  same  being  but  a  late  innovation.  And  yet 
upon  an  enforced  strain  of  a  contempt,  for  not  answering  to 
their  satisfaction,  they  commit  him  to  the  Tower  of  London, 
using  that  outward  pretext  for  a  cause  of  committing  him,  the 
true  and  inward  cause  being,  for  that  he  had  showed  himself 
dutiful  to  us  and  our  commandments  in  the  matter  concerning 
our  customs. 

In  these  innoYations  (which  we  will  never  permit  again) 
they  pretended  indeed  our  service,  but  their  drift  was  to  break, 
by  this  means,  through  all  respects  and  ligaments  of  govern- 
ment, and  to  erect  an  universal  over-swaying  power  to  them- 
selves, which  belongs  only  to  us,  and  not  to  them. 

Lastly,  in  their  proceedings  against  our  customers,  they 
went  about  to  censure  them  as  delinquents,  and  to  punish 
them  for  staying  some  goods  of  some  factious  merchants  in 
our  store-house,  for  not  paying  those  duties  which  themselves 
had  formerly  paid,  and  which  the  customers,  without  inter- 
ruption, had  received  of  all  other  merchants  many  years  before, 
and  to  which  they  were  authorised  both  by  our  Qreat  Seal 
and  by  several  directions  and  commandments  horn  us  and  our 
Privy  Council. 

To  give  some  colour  to  their  proceeding  herein,  they  went 
about  to  create  a  new  privilege  (which  we  will  never  admit), 
that  a  Parliament-man  hath  privilege  for  his  goods  against 
the  King;  the  consequence  whereof  would  be,  that  he  may 
not  be  constrained  to  pay  any  duties  to  the  King  during  the 
time  of  privilege  of  Parliament.  It  is  true,  they  would  have 
this  case  to  have  been  between  the  merchants  and  our  farmers 
of  our  customs,  and  have  severed  them  from  our  interest  and 
commandment,  thereby  the  rather  to  make  them  liable  to  the 
censure  and  punishment  of  that  House.  But  on  the  other 
side,  we  holding  it  both  unjust  and  dishonourable  to  withdraw 
ourself  from  our  officers  in  anything  they  did  by  our  command- 
ment, or  to  disavow  anything  that  we  had  enjoined  to  be  done ; 
upon  Monday,  the  twenty-third  of  February,  sent  a  message 
unto  them  by  Secretary  Coke  \  thanking  them  for  the  respect 
they  had  showed  in  severing  the  interest  of  oar  farmers  from 

i  Sir  John  Cok«. 


96  ComsMiiiional  IhKumenU  [i 

liar  own  iiitrrnt  ami  roiun.iiii-itnfnt.  NeTrithrie**  we  werr 
bound  in  honour  to  •cknomleilfre  a  tnith.  Umt  what  wa*  cioor 
hv  thrni  w»<k  finnr  hv  our  ritirft*  cotuin*ndmrnt  ami  dirrc- 
lion ;  And  if,  f«ir  iloin^  clirrntf.  our  fannrri  »)hiu1<1  luifrr.  it 
would  lii^rlily  mncf^m  u*  in  h«ini'Ur.  Which  mf^^ttr  «*•  nr 
roonrr  d«  liT«Tcd  uiit«»  them,  hut  in  a  tumultuoo*  Aiid  dtK«»o- 
tentt^l  niAnner  thry  rallrd  Adjourn.  Adjourn;  and  therrapoa. 
without  Any  cau-r  (riven  on  oar  |«rt.  in  a  very  uduauaI  numiier 
.idjoumr<i  unti»  t)ie  Wt-^lnrMlay  fnllowintf. 

On  which  d.iy,  hy  thi*  unifi»nn  wiMh.Mi  4if  i»ur  PHtj  <'ounrd. 
we  CAated  Uith  llou*et  tti  h<*  adjuunird  until  the  tt^niid  dAy 
iT  March,  hoping  thAt  in  the  uieantime  a  letter  Aini  mort 
riffht  und*i«t.in<iin^'  might  \^  l>e^f>tt#n  lf^we«*n  ut  Ami  the 
mrmlieni  of  thAt  liuute,  whereby  the  rArlianient  might  come 
to  A  happy  ifnuf. 

Dut  underlet anding  hy  gc»iMi  adTrrti^ement  thAt  their  dii- 
Cfintrnt  did  not  in  that  time  dii;e«t  and  paa*  AWAy.  we  reaolved 
to  roAke  A  per«>nil  Adjournment  until  the  tenth  of  If  arch,  which 
WAS  doiio.  AB  well  to  take  timr  tn  oorvelf  to  think  o(  anme 
meanp  to  accomm'^^iate  t)ii>«e  iliflirultiea  at  to  giT^  then  tin.e 
to  ailviw*  l<ettt*r ;  and  Bcc«»rdiniriy  wr  ^ave  cfinimandmcfit  ft^ 
a  second  Mdjnurnniettt  in  l-'th  lloufc*.  and  for  cetMitiofi  r  f 
all  huMiieM  till  thr  day  ap|Mintr«I.  which  waa  verjr  dotifolly 
«>l>e\r«l  in  the  Highrr  iliiut^c.  no  man  citntradicting  or  qaeaticin- 
in^  It.  Hat  when  the  aame  commaiidmeiit  waa  lieliTered  in 
the  Huuae  nf  l*i«mmon«  hy  their  S]i«»Ak«  r.  it  waa  atraightWAy 
rontrAdicted  .  and  althou^^h  the  Sp-aker  declared  onto  them 
it  waa  an  al>«-«lute  right  and  |inwer  in  ui  to  adjourn  aa  well 
At  to  pntnyue  or  diMolre.  and  de^lareil  and  read  unto  thrm 
diTi-ra  pre<-t*dent»  of  that  House  to  warrant  the  aame ;  yet  our 
ri>ni;nAiiilineiit  wan  mo«t  contempt uouily  divoltejeil,  and  warn* 
rising  up  to  i|irak  Mid  thrj  ha«i  haaiueia  to  do  before  thr 
Iliiusr  iihould  l«*  ailj«>umed  *. 

WhiUt  th«'  I  hike  of  Huckinijham   lived  he  waa  entitled  t« 
all  the  d>»tetii)ier«  and  ill  erenta  i»f  former  Farliamcnta.  and 


•t#l  <tin#'.t  in  th«  lloiM*  mrbti'e««i  la  ihit  l*«<rlMmUi«.  vhiek  ««  f  et««# 
>«•  rvp#At,  in  r^'AT^l  ihr  tMn^  Ar»  aI  larf*  •ife«aM4  la  iJbe  Ial«WAl»>«  ib 


i6a8-9l  The  King's  Declaration  97 

therefore  much  endeavour  was  used  to  demolish  him,  as  the 
only  wall  of  separation  between  us  and  our  people.  But  now 
he  is  dead,  no  alteration  was  found  amongst  those  envenomed 
spirits  which  troubled  then  the  blessed  harmony  between  us  and 
our  subjects,  and  continue  still  to  trouble  it.  For  now  under 
the  pretence  of  public  care  of  the  Commonwealth  they  suggest 
new  and  causeless  fears,  which  in  their  own  hearts  they  know 
to  be  false;  and  devise  new  engines  of  mischief,  so  to  cast 
a  blindness  upon  the  good  affections  of  our  people,  that  they 
may  not  see  the  truth  and  largeness  of  our  heart  towards  them. 
So  that  now  it  is  manifest,  the  Duke  was  not  alone  the  mark 
these^  men  shot  at,  but  was  only  as  a  near  minister  of  ours, 
taken  up,  on  the  by,  and  in  their  passage  to  their  more  secret 
designs;  which  were  only  to  cast  our  affairs  into  a  desperate 
condition  to  abate  the  powers  of  our  Crown,  and  to  bnng 
our  government  into  obloquy,  that  in  the  end  all  things  may 
be  overwhelmed  with  anarchy  and  confusion. 

We  do  not  impute  these  disasters  to  the  whole  House  of 
Commons,  knowing  that  there  were  amongst  them  many 
religious,  grave,  and  well-minded  men ;  but  the  sincerer  and 
better  part  of  the  House  was  overborne  by  the  practices  and 
clamours  of  the  other,  who,  careless  of  their  duties,  and  taking 
advantage  of  the  times  and  our  necessities,  have  enforced  us 
to  break  off  this  meeting ;  which,  had  it  been  answered  with 
like  duty  on  their  parts  as  it  was  invited  and  begun  with  love 
on  ours,  might  have  proved  happy  and  glorious  both  to  us  and 
this  whole  nation. 

We  have  thus  declared  the  manifold  causes  we  had  to 
dissolve  this  Parliament,  whereby  all  the  world  may  see  how 
much  they  have  forgotten  their  former  engagements  at  the 
entry  into  the  war,  themselves  being  persuaders  to  it;  pro- 
mising to  make  us  feared  by  our  enemies  and  esteemed  by 
our  friends,  and  how  they  turned  the  necessities  grown  by 
that  war  to  enforce  us  to  yield  to  conditions  incompatible  with 
monarchy. 

And  now  that  our  people  may  discern  that  these  provoca- 
tions of  evil  men  (whose  punishments  we  reserve  to  a  due 
time)  have  not  changed  our  good  intentions  to  our  subjects, 
we  do  here  profess  to  maintain  the  true  religion  and  doctrine 

B 


^8  CcmsHiutumal  Pi^nttmemh 

r%tmhU*)iei\  in  tbr  Chorrh  ot  Kik^lattJ.  witiioat  ■dBiitta«f  uc 
cunuiTiiiff  •*  B"J  )jttck"!i'tiiiir  rtth-r  to  Poprrr  or  pckiMB 
Wr  d«»  alft/  d^  Iftrr  t)^t  Mr  m\\\  mAiiit*in  th«  AAcirat  aad 
J  i*t  rik'tit«  »im1  liUrtir*  «if  our  lul jecU.  vitb  ao  mucb  con- 
■UiiC«  Aii'i  juAtic  :h«t  thr\  •h«!l  U*%r  e»UA«  t«i  acknuvUvltr 
that  uh'irf  iiuf  giiTerum'-Dt  and  irrmcioui  }'rotectioti  xhvy  Ut^ 
111  •  Uinrc  b*|>py  Abd  frrr  rst«tr  tlAti  sat  tu^-jcctA  ui  iW 
i'hri-tiau  world  Yet  let  mi  uiau  berebr  t^ke  tkc  bolAawi 
til  mlfute  tbftt  li(«rtr,  taming  it  to  iicf litioutiiea* ;  nor  mi*- 
ii.t*-r|trrt  the  l'etitp«ii  hy  |irr^ertinir  it  tu  a  UvIcm  liberty. 
wiii'i'iiK  or  fr<ii*rdlv,  uiider  tliAt  or  aur  tth^r  culuor,  to 
f>  ^iBt  Uwf.l  Mild  uvirtmrnrj  Anthuhtj.  Fur  m  we  will  maia- 
tniii  our  ftuhjer*!  iu  their  ju^t  lil»-rtie-,  »u  we  du  and  will 
rxiit-' t  tliAt  th<  \  %i*ld  A*  tuui  h  tubiuiwinn  abd  dutT  tu  oar 
ri*>;il  j'ttTi-irativi--.  aii'l  an  reailr  ubvdiencf  to  our  autbontj 
:iitd  <'<i.i.iii4U«liiifiitj,  ai  liath  U'eD  prumi-ed  Ut  iht  greatoit 
•  •f  «  ur   j»rr«lr»  !••*•« 

A  lid  tiT  <»ur  in-nifltcrp  Vf  will  Dot  that  they  he  terrified 
l»y  tli4»!^  har^h  |ir<4ee<lii  (?»  that  h.*«vr  U^ii  itra'-Sied  a|niiiii| 
fttifijr  of  them  For,  a»  «r  tiiil  iiut  r"iiiinand  abythiiiK  otijotC 
or  difili('ii"urahlr,  h.it  i>hall  u*r  Kur  iiutli«'rit%  a&d  preru|raiiT«i 
fur  thf  ii^mmi  of  our  |H'«iplt> ,  Bii  ae  will  ri[«t-t  that  oor  mti 
i>U -.  lit.  and  tht'V  thall  ajinurt-  thtiuiriTr*  «e  will  protect  th 

A-  Ut  lur  rarnhaijta,  we  let  them  know  we  tbail  alwaja 
iiidra\(»ur  to  chrriah  aiid  rtilark'e  tii«*  tiade  of  tudi  m  bo 
iluti!ul.  iftithcHit  hurthriiinif  thrm  lirytitid  what  ii  fittifig; 
liut  t)t<-  duty  of  fire  in  thr  hutidi(«l  f>r  ifu^riltun  uf  tht  waa^ 
aii'l  drfrtiir  nt  thr  rialtn.  U*  wliii  h  fie  h«iM  ciuriplTe*  tlill 
i-Mipnl  (lid  whi'h  duty  hnth  ciiiitihut'«l  futh^Hit  intemi|>tii« 
r*'  iiiAiiV  »iiirtNiiiiii  lit  a^'««).  ac  hold  ito  ^ijinI  ur  dutifnl  sab* 
jr.*  will  ill  i.y  it  I'eint;  *>■'  n«<'«'»»aiy  for  the  it**^  «'f  thr  wliolc 
kiii;;!-:u.  mM  if  any  laitioui  n>i  nhaxit  will  affront  Qi  in 
A  thii.kT  «(»  reaHii*aMe.  aiNl  wlien*in  we  n-tiuirt  imi  murr.  nor 
111  i«o  ctl.rr  nianuer.  than  wi  many  if  unr  \  n  lUrwiiin  bare 
doiir  aid  h^vp  l^^n  dutif'illy  o)«\r«i,  li*t  tbem  nut  tWcviw 
tl.itii»«  !%eo.  hit  he  a»»uriii  that  tir  shall  find  booouraMr  axid 
ju-t  ;:i.ti-  to  »ii||«irt  Ktir  e«tatr  viiidicatr  uur  ■uTeffet|rnty. 
\'..'\  pit*«i%r  thr  jiut)i«»iit%  ahirh  iU»\  hatb  |>«it  into  uur 
■i  III  1- 


»^1  The  Declaratiott  of  Sports  99 

And  now  hsYiDg  laid  down  the  tmth  and  clearness  of  our 
proceedings,  all  wise  and  discreet  men  may  easily  judge  of 
those  rumours  and  jealous  fears  that  are  maliciously  and 
wickedly  bruited  abroad;  and  may  discern,  by  examination 
of  their  own  hearts,  whether  (in  respect  of  the  free  passage 
of  the  Gospel,  indiffereut  and  equal  administi-ation  of  justice, 
freedom  from  oppression,  and  the  great  peace  and  quietness 
which  every  man  enjoy eth  under  his  own  vine  aud  fig-tree) 
the  happiness  of  this  nation  can  be  paralleled  by  any  of  our 
neighbour  countries;  and  if  not,  then  to  acknowled<^e  their 
own  blessedness,  and  for  the  same  be  thankful  to  God,  the 
author  of  ail  goodness. 

17.  The  Declaration  op  Spobts'. 

[October  i8,  1633.    See  Uitt.  of  Engl.  vii.  318-324.] 

Our  dear  father  of  blessed  memory,  in  his  return  from 
Scotland,  coming  through  Lancashire,  found  that  his  subjects 
were  debarred  from  lawful  recreations  upon  Sundays  after 
evening  prayers  ended,  and  upon  Holy-days ;  and  he  prudently 
considered  that,  if  these  times  were  taken  from  them,  the 
meaner  sort  who  labour  hard  all  the  week  should  have  no 
recreations  at  all  to  refresh  their  spirits :  and  after  his  return, 
he  further  saw  that  his  loyal  subjects  in  all  other  parts  of 
his  kingdom  did  suffer  in  the  same  kind,  though  perhaps  not 
in  the  same  degree :  and  did  therefore  in  his  princely  wisdom 
publish  a  Declaration  to  all  his  loving  subjects  concerning  law- 
ful sports  to  be  used  at  such  times,  which  was  printed  and  pub- 
lished by  his  royal  commandment  in  the  year  16 18,  in  the  tenor 
which  hereafter  followeth : 

Whereas  upon  our  return  the  last  year  out  of  Scotland,  we 
did  publish  our  pleasure  touching  the  recreations  of  our  people 
in  those  parts  under  our  hand;  for  some  causes  us  thereunto 
moving,  we  have  thought  good  to  command  these  our  directions 
then  given  in  Lancashire,  with  a  few  words  thereunto  added, 

^  The  fall  title  is, '  The  King's  Majesty's  decUration  to  his  subjects  eon- 
ceming  lawful  sports  to  be  used.  Imprinted  at  Iiond.  by  Robert  Barker, 
Printer  to  the  King*B  most  excellent  Majesty  :  and  by  the  Assigns  of 
Robert  Bill,  M.DC.XXXlil.' 

H  a 


CanstihiHomat  Doemmunts 


1 


I 


and  MMt  applteU*  ttt  (IwM  |wta  fif  aw  mlw^  to  W  pnUhlMf 
la  all  Mr  Hhlaeta. 

WbMvM  «■  did  Jnadj  fat  oar  fiaf,nm  ikroofrit  I«aMiWn 
nbaha  aoMa  PHrlHoa  aad  pr«dM  |ia«pla.  awl  loek  avdv 
IM  dM  Ska  nIavM  Mtritfe  ihoaU  art  ka  «Md  hj  amj  tt 
IImb  Iwmflv.  te  the  pKBtAilia«  »4  adawfal  f  iw[  H^  af 
aw  |oal  pMfla  far  Mlaf  tMr  b«f>l  laoMUaaa  and  hMaM 
awniMi  «poa  Sodaji.  aid  fAn  Htiy-^yy  alW  tfca  rilar> 


t  aaantrr  b  amek  iift»tod.  wa  n 
•ad  PoritMM.  han  awlMoMlj  IndMad  a«d  ilmilim  Om 
oar  Ja«t  aad  l>oao<myi  pffwmdJagi :  aad  Ikanlata^  hal  aar 
rvpriatMii  iai|kt  apaa  tha  aaa  lida  (tlM«|b  tinmarty)  W«a 


caed  pMfla  ia  that  eentiyW  airiad  I7  1 
■UataqpraMton  of  cv  Miaaiaf.  *a  hm 


al  a«r  fBod  pMfda  ia  UtM*  patta. 
B  b  trw  Oat  al  aar  fnl  wter  *•  tUi  Oova  aad  kfag. 


of  iMKBiUfa  abeaadtd  man  ta  ftpbk  Ricaiaaii  thaa  aar 
cOTtatj  oT  Ksf U«i,  aad  thoa  lulk  atiB  aowti— d  iiaaa,  la  aar 
fiwt  nffnt  «itk  l>*^  aaaadaia*.  wta  tfaat,  aaw  of  laU^ 
[«  nar  kat  rtdJac  dfvm^  aar  aild  aaaiAfj,  «b  lad  tetk 
trr  Um  rapovl  of  Um  JadgM.  aad  of  At  Bubap  rf  thai  DIaMaa. 


ao  iB«M  aaaliBlMiat  la  aa. 

1W  laport  «f  lUa  grawiaff  ■■!■<■  int  aaoapil  Ibia  aadt 
oa  Ika  Mara  mnj,  ahaa  witfc  aw  vara  aan  wa  bard  Uw 
gaaifal  tooiftaial  af  oar  paopb,  iW  Uwjr  «««  karrad  9nm 
■II  kwfcl  raoMliaM  aad  «a«oiB  mfm  tka  Saada^a  iftiraiaa. 
tttM  dM  Midlm  of  an  «Tiaa  ■arrioi.  wtMi  faaaal  k«  pto- 
daeo  t««  afib:  tka  Ma  Um  Madari^  af  tfe  nam  iia  af 
Bw«7,  «koai  tMr  prbata  will  laka  BttMloa  fcawky  ta  faa. 
piraaadlog  tkna  ikat  iw  koaari  mMk  m  iiwUia  la  bwfcl 
m  talarakb  ta  oar  r*Bfk».  wUi^  aaaaol  kal  Inad  a  fiM 
dhaaaltalwrat  ia  oar  pMpla'*  hfarli^  «pMJal|r  «l  mA  aa  at* 
pat^vaateraapMlWpMatarianii^:  tfcaatkatlaiiawiiiiii 
KIlMl  tkia  paUbHlM  kamtk  tka aoMMM aad  sMaar  Mft of 


»^  The  Declaration  of  Sports  loi 

people  from  using  such  exercises  as  may  make  their  bodies 
more  able  for  war,  when  His  Majesty  or  his  successors  shall 
haye  occasion  to  use  them ;  and  in  place  thereof  sets  up  filthy 
tippling  and  drunkenness,  and  breeds  a  number  of  idle  and 
diiBContented  speeches  in  their  ale-houses.  For  when  shall  the 
common  people  have  leave  to  exercise,  if  not  upon  the  Sundays 
and  Holy-days,  seeing  they  must  apply  their  labour  and  win 
their  liying  in  all  working-days  f 

Our  express  pleasure  therefore  is,  that  the  laws  of  our 
kingdom  and  canons  of  the  Church  be  as  well  observed  in 
that  county,  as  in  all  other  places  of  this  our  kingdom :  and 
on  the  other  part,  that  no  lawful  recreation  shall  be  barred  to 
our  good  people,  which  shall  not  tend  to  the  breach  of  our 
aforesaid  laws  and  canons  of  our  Church:  which  to  express 
more  particularly,  our  pleasure  is,  that  the  Bishop,  and  all  other 
inferior  churchmen  and  churchwardens,  shall  for  their  parts  be 
careful  and  diligent,  both  to  instruct  the  ignorant,  and  con- 
vince and  reform  them  that  are  misled  in  religion,  presenting 
them  that  will  not  conform  themselves,  but  obstinately  stand 
out,  to  our  Judges  and  Justices :  whom  we  likewise  command 
to  put  the  law  in  due  execution  against  them. 

Our  pleasure  likewise  is,  that  the  Bishop  of  that  Diocese 
take  the  like  strait  order  with  all  the  Puritans  and  Pre- 
cisians within  the  same,  either  constraining  them  to  conform 
themselves  or  to  leave  the  county,  according  to  the  laws  of  our 
kingdom  and  canons  of  our  Church,  and  so  to  strike  equally 
on  both  hands  against  the  contemners  of  our  authority  and 
adversaries  of  our  Church ;  and  as  for  our  good  people's  lawful 
recreation,  our  pleasure  likewise  is,  that  after  the  end  of  divine 
service  our  good  people  be  not  disturbed,  letted  or  discouraged 
from  any  lawful  recreation,  such  as  dancing,  either  men  or 
women ;  archery  for  men,  leaping,  vaulting,  or  any  other  such 
harmless  recreation,  nor  from  having  of  May-games,  Whitsun- 
ales,  and  Morris-dances ;  and  the  setting  up  of  May-poles  and 
other  sports  therewith  used:  so  as  the  same  be  had  in  due 
and  convenient  time,  without  impediment  or  neglect  of  divine 
service:  and  that  women  shall  have  leave  to  carry  rushes  to 
the  church  for  the  decorating  of  it,  according  to  their  old 
custom ;  but  withal  we  do  here  account  still  as  prohibited  all 


H             ulavful  frnma  u  ka  mm)  a|io«  H<u>l»^  mljr,  M  h>ar  ^^^| 

W            •!  I~pl«  »J  !•.  rnUUui.  I..I1.,'.                               l^B 

Ad  mnb  n  W  fhn  tki.  h-M  ud  lil«l,  ill  aA 

«iaii«  to  fkmli  or  di>ii»  Mrrin.  b<i«  U>ua<on  •raxkr 

iM  «~  to  Iki  danh  ad  am  Od:  |nUUIiii(  la  BM 

•«<  Ika  toid  t«nttl»  to  iq  Hal,  Iktoiik  oatoa  ia  n«|ia. 

•!•  M  pntoM  ia  IW  tUnk  al  lb  an ><•  rf  (M.  Mm  IWc 

pia,  to  lb  aU  motiaan     Oar  plrann  likrai*  k.  IkM 

liar  to  wba  il  hloaiMk  la  iSa.  ilaU  ptt«>l  ud  ilaf^ 

raddi  all  •ark.  a  ia  abaa  i(  lUr  aar  libmr.  a>ill  aa  Iba 

rurtwa  Mara  Uia  awl  af  all  Aria*  raraiaa  br  Ibt  ^j: 

ntart  to  kir  an  |.rWi  akaiak  to  kar  Uriia  larTka.  aal  aak 

rarirk  b,  HaU  to  aa  Ua  aU  miallna  altor  dMv  araia: 

K           al  Ika  Uiaaar.  Ik>aa|li  all  Ika  pariik  rkarrka,  aad  IM  kaik 

■           aar  Ja4|a  <<  aar  oirauit  aad  aar  Jauiaa  cl  aar  IWa  U 

H                  OinaalaarIlaaro<Oiaai«>dilblMraallaaalalk 

^M                      dajr  a(  Xar,  ia  Ika  alHaatk  faar  at  aar  IM|a.  a( 

^1                      B^tlud.fianaidlralaad:  aalalBiallaiid  Ikaaaa 

^1                      aalifliMk. 

H               Raw  aal  rf  a  lika  pioaa  aia  br  Ika  aaaka  •(  Ood.  aal 

Uir  Xalatr  dMk  raOl;  aad  |«UU>  lUt  aar  khaad  Mka^ 

Uavba.  aa  lal  ttal  aala  pataaa  tt  IMtf  aaar  aha« 

allHap.  hal  •<  Ua  FaaiU  >(  Ika  IMIaallaa  a(  Ika  rlllllllk 

H            la,  Uat  Ikaa  raMa.  wilk  aU.^..  <tall  ka  .bliiii  a>d  Ual 

H                                       ■a.uBai,niL..li  III. 

^                                                                                                    . 

i^]  Act  of  the  Privy  Council  103 

our  Justices  of  the  Peace,  in  their  several  divisious,  shall  look 
to  it,  both  that  all  disorders  there  may  be  prevented  or 
punished,  and  that  all  neighbourhood  and  freedom,  with  manlike 
and  lawful  exercises  be  used:  and  we  fuither •command  all 
Justices  of  Assize  in  their  several  circuits  to  see  that  no  man 
do  trouble  or  molest  any  of  our  loyal  and  dutiful  people,  in 
or  for  their  lawful  recreations,  having  first  done  their  duty 
to  Grod,  and  continuing  in  obedience  to  us  and  our  laws :  and 
for  this  we  command  all  our  Judges,  Justices  of  Peace,  as  well 
within  liberties  as  without,  Mayors,  Bailiffs,  Constables,  and 
other  officers,  to  take  notice  of,  and  to  see  observed,  as  they 
tender  our  displeasure.  And  we  further  will  that  publication 
of  this  our  command  be  made  by  order  from  the  Bishops, 
through  all  the  parish  churches  of  their  several  dioceses  re- 
spectively. 

Given  at  our  Palace  of  Westminster,  the  eighteenth  day 
of  October,  in  the  ninth  year  of  our  Reign. 

God  save  the  King 


18.  Act  of  the  Pbivy  Council  on  the  position  of  the 
Communion  Table  at  St.  Gbeooby's. 

[November  3,  1633.     Piyune'i  Cantefhury*$  Doome^  88.     See  i/tn/.  of 

Engl,  vii.  310.] 

At  Whitehall,  the  third  day  of  November,  1633. 
Present,  the  King's  Most  Excellent  Majesty. 
Lord  Archbishop  of  Canterbury  [William  Laud], 
Lord  Keeper  [Sir  Thomas  Coventry], 
Lord  Archbishop  of  York  [Bichard  Neile], 
Lord  Treasurer  [Earl  of  Portland], 
Lord  Privy  Seal  [Earl  of  Manchester], 
Lord  Duke  of  Lennox, 
Lord  Chamberlain  [of  the  Household,  Earl  of  Pembroke  and 

Montgomery], 
Earl  of  Bridgwater, 
Earl  of  Carlisle, 
Lord  Cottington, 
Master  Treasuier  [of  the  Household,  Sir  Thomas  Edmondes], 


I04  CoHsiituhounl  iKnumenis  ;t«3j 

Mflflter  C*iini|>tn>IWr  [of  Uir  lltiUftrhoM   ^ir  llrnrjr  V«of  ]. 
IxiH  lli^li  ChamkirrlAin  [KafI  of  LiiubeyJ. 
Flarl  M»r»lia]  [  Vj^t\  uf  Araodel]. 

Mft>(er  HecieUr)'  <  »ke. 
MMln  Krcrrtary  Windehanke. 

Tliii  Amy  was  cirk«ird  liefor«  Hi*  Mftjistjr  Htting  in 
CouDril,  the  queitiim  and  diff«rencr  which  grew  abnat  ikr 
remuTJiifr  of  thf  i-oinmunion  table  in  St.  Circfrun  »  rkaixb. 
iMar  tlie  cathedral  churcb  of  Rt.  Paul,  from  the  middW  td 
the  cbanrel  to  the  upfter  eiid,  and  there  |iUccd  altar- wise,  in 
•uch  maniHT  a*  it  itaiidcih  in  the  »aid  catbrdral  ami  mcHber 
church  (a«  alM>  in  all  otbcf  cAthcdraU  and  in  II ii  MajeetT'* 
ciwn  rlm|4*]).  and  an  it  ii  cuniiftiiant  to  the  prmctioe  of  ap|in>ved 
anticjiiit V :  which  reincTal  and  placing  of  it  in  thai  aurt  waa 
done  !•>  ordrr  from  tlie  I>ean  and  Chapter  of  Rt.  PaoT*  wbo 
are  nnlinnriee  thereof,  ap  waa  avowe<i  before  II ii  Majcatv  bv 
Ikictur  King  and  I>octor  Mont  fort,  two  of  the  prebrndt 
there;  yet  •«inie  few  of  the  |iari*l.ion«rv.  lieing  iMit  five  in 
namlirr,  did  complain  of  this  act  b>  app**al  to  the  Coart  M 
Arrb«'fi,  prrtemliiig  that  the  Wn\V  of  t%iffnnuHi  TraTer  and 
the  Hjtid  Canun  do  iri\«*  |M'rmi*Ri*>n  to  pla4e  tlie  oiaBianiofi 
taMe  wlicie  it  nmT  utand  with  tlie  in<>*t  fitneaa  and  ron 
venirnre  Now  II i«  Maj«iit\  haTing  heanl  a  |iarticalar  rela- 
tion n)ad«-  bj  tlie  cotin^l  of  Imth  |«rtii-«  nf  all  the  earria|rr 
aiMi  pHM-ci'diiigv  in  thi«  caupc.  wa»  p.ea^  to  ilrclarr  hit  diilikr 
of  all  innnTAtion  and  rccrdinir  frum  ancient  con»tttution« 
gmuhilnl  U]x)n  jiitt  and  warniiitablr  reaaonf.  e*|«ciallr  in 
mattei«  otinceiuing  ecr]e*ia*tii  aI  cnler  and  guTemmeut,  know- 
in^r  Ih)w  cn^ily  rn«-n  .irr  'ir.iwn  to  afTrct  noTrltie*.  ami  how 
Mtun  neak  jtid|*mei>t«  in  lurh  caar*  may  1«  uvertuken  anfl 
al'UMTtl  Ai.d  he  waa  a1»<>  pleaaed  to  oljaerve.  thai  if  tl.eae 
few  |hiri«)ih>nei-  imjiit  havr  tl.cir  wilN.  tlte  diff'-rrnce  t).er*b> 
fiom  the  fiiiiv.i'l  rathtdral  m«tlier  church,  bv  which  all  oibrr 
«hur.  lit'R  ilr|<«  i.-iii,^«  thriv«>n  miffht  t>>  \tt  gvidrd,  woubl  l«  the 
lunri  n<«*i  rxiii*  aini  give  n)<>tr  subject  of  dicrimrve  ami  «Ii«putea 
that  iitv'l't  1«  »]i«re.l.  b\  r^j«<>ii  i>f  St  iffri>gon|r*a  atauding  cl«»^ 
ti>  the  waH  thereof  And  likrwiM^  for  m*  much  an  mnrern*  the 
lil«rtt%  ^\\r\.  \i\  tbr  «Ai  i  lomniuiiion  W*k\  i>r  canon,  ic»r  placing 
tlie  V   !' nun  i*-r.  Ti-  !r   ii.   aiiv   rhun  h  or     ht|irl  with  Ri««t  «vn- 


i%4]  First  Writ  of  Ship^Money  105 

▼enience ;  that  liberty  is  not  so  to  be  understood,  as  if  it  were 
ever  left  to  the  discretion  of  the  parish,  much  less  to  the 
particular  fancy  of  any  humorous  person,  but  to  the  judgment 
of  the  ordinary  to  whose  place  and  function  it  doth  properly 
belong  to  give  direction  in  that  point,  both  for  the  thing  itself, 
and  for  the  time,  when  and  how  long,  as  he  may  find  cause. 
Upon  which  consideration  His  Majesty  declared  himself,  that 
he  well  approved  and  con6rmed  the  act  of  the  said  ordinary, 
and  also  gave  command  that  if  those  few  parishioners  before 
mentioned  do  proceed  in  their  said  appeal,  then  the  Dean  of 
the  Arches*  (who  was  then  attending  at  the  hearing  of  the 
cause)  shall  confirm  the  said  order  of  the  aforesaid  Dean  and 
Chapter. 


19.  Specimen  of  the  first  Writ  of  Ship-monet. 

[October  ao,  1634.    Rnshworth,  ii.  357.    See  HiH,  of  Engl.  vil.  556,  569.] 

CaroluB  Rex,  &c. 

To  the  Mayor,  commonalty,  and  citizens  of  our  city  of  London, 
and  to  the  sheriffs  of  the  same  city,  and  good  men  in  the  said 
city  and  in  the  liberties,  and  members  of  the  same,  greeting: 
Because  we  are  given  to  understand  that  certain  thieves,  pirates, 
and  robbers  of  the  sea,  as  well  Turks,  enemies  of  the  Christian 
name,  as  others,  being  gathered  together,  wickedly  taking  by 
force  and  spoiling  the  ships,  and  goods,  and  merchandises,  not 
only  of  our  subjects,  but  also  the  subjects  of  our  friends 
in  the  sea,  which  hath  been  accustomed  anciently  to  be  defended 
by  the  English  nation,  and  the  same,  at  their  pleasure,  have 
carried  away,  delivering  the  men  in  the  same  into  miserable 
captivity:  and  forasmuch  as  we  see  them  daily  preparing  all 
manner  of  shipping  farther  to  molest  our  merchants,  and  to  grieve 
tlie  kingdom,  unless  remedy  be  not  sooner  applied,  and  their 
endeavours  be  not  more  manly  met  withal;  also  the  dangers 
considered  which,  on  every  side,  in  these  times  of  war  do  hang 
over  our  heads,  tliat  it  behoveth  us  aud  our  subjects  to  hasten 
the  defence  of  the  sea  and  kingdom  with  all  expedition  or 

>  Sir  Henry  Marteiu 


fo6  CoHShhitionaJ  Docummts  .t4^4 

■f»er<i  thjit  wi»  t'Aii  :  wr  villiii(f  hy  tKr  hrip  •>(  <t<i>l  « hirrty 
to  pn>vi(ir  lor  th^  liefencf"  of  the  kiii(r<li>tii.  Nifetrn.^ni  <*f  the  •#• 
•rt'urity  ol  (ur  «ubjr<*ts,  wtAt  con<luct  of  «hifi«  «ii«i  ti;rrrhAiifli*«^ 
to  our  kiiiL'Hom  of  Kii^lan«l  (Hitiiiiii:.  aii<i  rtitin  the  mhit 
kinpiotn  t4>  forn^n  p«rti  |NUMing ;  for»»much  a«  we.  Jiitd  oor 
|inyrnitor»,  Kiitfr*  ^f  Knvcla»«l.  liATe  ^leen  alwuyt  berK4>fi»r« 
nui^tiTi  of  tbr  af«>reMU<i  te*,  and  it  wotiUI  \w  xtrx  irksomr  onto 
uii  if  that  prtm^ly  honour  id  our  tinm  thouhi  he  lutt  or  in  aaj 
thiiifr  (liinihi^htn!.  Ami  althouffh  that  cliarife  of  (leS-nrr  whirh 
coiiceriirth  all  tii<  n  ou^ht  to  l>e  »U|»|ii)rte«i  hy  alt.  a«  hy  tlir 
Uwm  ami  cuiitom«  <»f  tlif  kinir(l«>in  of  KriirUii<l  l»ath  hern  amu 
tomrtl  ti»  W  «lon«' :  n^ftwithiitandint?  wt*  i-onfti«ierititf  that  you 
roiuititute%l  in  th<*  fea-cnantB.  to  whom  h\  ^a  as  wdl  irreat 
(i.ui^*f*r^  are  inimii.rut,  niul  who  h\  tKr  «dimr  <ii»  ^vi  more  pVntrol 
ffain*  f«»r  the  (li*f«*nce  of  the  tea.  aud  con«erTati<>D  of  our  prifirely 
honour  in  tluit  liehalf,  acconling  to  thr  duty  of  yoor  alleinancr 
afrain«t  tiicli  attrmptu,  an*  chietiv  Umnd  to  fet  to  yoor  helping: 
liand ;  we  i^umtmind  timdy.  enjoinini;  yon  the  af'^reiaid  Maytr. 
c«»inmoiuiIt\  and  citi/cnn,  and  ohftitfa  of  thr  Mid  city.  af>«l  tltr 
(food  men  in  the  i^am**  city  and  in  tlir  li)»erti*t».  autl  mc mben  \»i 
the  iame.  in  thi'  f«iith  au<1  alle^'iance  w(M*mn  yoa  are  tAttnd 
unto  ut.  antl  an  )«>u  do  love  u^  an«i  our  hi»nour.  ami  uod^  tbe 
foifnture  of  all  which  tou  can  forfeit  to  u^.  that  too  caoie 
to  \w  |irr|«n*d  and  hroufrht  to  tin*  j>i»rt  »»f  rort»m««uth.  hrfort 
thr  tir*t  d.iy  of  March  now  nrxt  en*uit  ir  one  thip  of  war  of 
thr  hiinlf:!  nf  nine  hundred  ton«,  witli  three  hutidrsd  aad  fiftT 
ni<  u  at  the  !t.i«t.  ai  well  rX{)ert  maiter*.  a.«  rrry  aide  and  skilful 
mariner^  ;  onr  of  hrr  ihip  of  war  of  the  hurd*  n  of  right  huixlrvd 
ti»i)ii.  With  two  hundre«l  and  iiity  mm  at  the  leant,  aa  wrll 
■kilful  ni.i>!<  m.  a«  \ery  uhU*  an«l  r\|ert  mannrn :  four  other 
•hi|«  nf  war  <'T(*ry  of  thoni  of  thr  turdm  of  tivr  handred  tons. 
ai<tl  r\%r\  «•!  thrm  with  two  hui.drr^l  mm  at  the  kraat.  aa  wrll 
rx|rit  ni.%«trni.  m  Tery  ah'e  and  tkiUuI  nurini*r«:  and  ot.e 
otli«'r  »hip  itf  war  of  the  hunlrn  cf  three  h'.indrrd  ton*,  with 
a  l.ui.-'nHi  and  lifty  men.  *•  well  eiprrt  mnstm.  a*  frry  ahir 
aid  ^)kllfuI  tranniM:  and  a1m>  f  very  «>t  thr  aaid  fthip«  with 
i-rdi.ani  e,  aa  wrll  ^rreatrr  a»  Irvi^er  ji^ur  |*iW«Irr.  and  •{♦ara  «:•! 
wr««]»>>M.  and  <  tl>rr  iK-rr^iury  Am:^  luff'icient  for  war.  and  wit*. 
duaU«  tackling,  and  with  victuals*  until  %Xit  «id  firvt  of  V^rxh. 


1634]  First  Writ  of  Ship-Money  107 

competent  for  so  many  men ;  and  from  that  time,  fur  twenty-six 
weeks,  at  your  charges,  as  well  in  victuals  as  men's  wages,  and 
other  things  necessary  for  war,  daring  that  time,  upon  defence 
of  the  sea  in  our  service,  in  command  of  the  admiral  of  the 
sea,  to  whom  we  shall  commit  the  custody  of  the  sea,  before 
the  aforesaid  first  day  of  March,  and  as  he,  on  our  behalf,  shall 
command  them  to  continue ;  so  that  they  may  be  there  the  same 
day,  at  the  farthest,  to  go  from  thence  with  our  ships,  and  the 
ships  of  other  faithful  subjects,  for  the  safeguard  of  the  sea,  and 
defence  of  you  and  yours,  and  repulse  and  vanquishing  of  whom- 
soever busying  themselves  to  molest  or  trouble  upon  the  sea  our 
merchants,  and  other  subjects,  and  faithful  people  coming  into 
our  dominions  for  cause  of  merchandise,  or  from  thence  returning 
to  their  own  countiies.  Also  we  have  assigned  you,  the  aforesaid 
Mayor  and  Aldermen  of  the  city  aforesaid,  or  any  thirteen,  or 
more  of  you,  within  thii-teen  days  after  the  receipt  of  this  writ, 
to  assess  all  men  in  the  said  city,  and  in  the  liberties,  and 
members  of  the  same,  and  the  landholders  in  the  same,  not 
having  a  ship,  or  any  part  of  the  aforesaid  ships,  nor  serving 
in  the  same,  to  contribute  to  the  expenses,  about  the  necessary 
provision  of  the  premises;  and  to  assess  and  lay  upon  the 
aforesaid  city,  with  the  liberties  and  members  thereof,  viz. 
upon  every  of  them  according  to  their  estate  and  substances, 
and  the  portion  assessed  upon  them;  and  to  nominate  and 
appoint  collectors  in  this  behalf.  Also  we  have  assigned 
you,  the  aforesaid  Mayor,  and  also  the  Sheriffs  of  the  city 
aforesaid,  to  levy  the  portions  so  as  aforesaid  assessed  upon 
the  aforesaid  men  and  landholders,  and  every  of  them  in  the 
aforesaid  city,  with  the  liberties  and  members  of  the  same,  by 
distress  and  other  due  means ;  and  to  commit  to  prison  all  those 
whom  you  shall  find  rebellious  and  contrary  in  the  premises, 
there  to  remain  until  we  shall  give  further  order  for  their 
delivery.  And  moreover  we  command  you,  that  about  the 
premises  you  diligently  attend,  and  do,  and  execute  those  things 
with  effect,  upon  peril  that  shall  fall  thereon :  but  we  will  not, 
that  under  colour  of  our  aforesaid  command,  more  should  be 
levied  of  the  said  men  than  shall  suffice  for  the  necessary 
expenses  of  the  premises ;  or  that  any  who  have  levied  money 
for  contribution  to  raise  the  aforesaid  charges,  should  by  him 


to8  CoushiHiiaHat  Documenis  ii«9i 

det«io  tbo  Mmc>,  or  %\\y  |)«n  thrreuf ;  i>r  ibould  pi««uiur,  bj  aut 
mAiiner  of  oolour»to  ftpprDfiriatr  the  fame  tii  c4h^  iiart;  vilUoiTf 
that  if  iiiorp  than  biaj  he  •uficicnt  ahAll  be  eollarUd.  the  tame 
may  be  |Mud  out  among  the  con tri baton,  for  the  rate  uf  the  part 
to  them  belttiiging. 

Witnfta    myirlf,   at    Wectminater  the   twestietb   day   nf 
October,  io  the  teoth  year  of  our  reiffB '. 


20.  Thb  Kiko*ii  i*A»it  LAir>  aKr<iaK  thk  Jri»oi,».  with  mua 

A%hwra». 

|F«briiAnr  7.  1A.17.     Koakwuffik,  11.  3(5.     Me»  iliw.  •/  Kmft.  «iii   ^07.] 

i'arulu»  He\. 

Wht-ii  thr  fTood  aiid  pafrty  uf  thf  kin^om  in  general  it 
eom-t'tiird,  aiid  the  whole  kiiipii»ui  in  dangrr,  whether  may  not 
the  Kiug.  by  writ  iiinlrr  the  Ureal  Seal  uf  Enfrland,  command 
all  the  vubjacta  of  uur  king«ljm  at  their  charire  to  provi«le  and 
furnish  such  a  nuinlier  of  shiiM,  with  men.  victuals,  aiid  munition, 
and  for  Mich  time  a«  we  shall  think  fit  for  the  «lelence  and 
safeguard  of  the  kingdttm  from  such  danger  and  peril,  and  by 
law  ct.iupel  the  doing  thtreof.  in  cast-  of  rrfusal  or  refractoriness 
au.i  whethrr  in  surh  a  caae  is  not  the  King  the  lule  judg*  both 
of  the  (latiger.  and  when  and  how  the  ««air  it  tv  bt  prtfetotcd 
and  avoided  I 

May  it  pirate  ymir  Iftwt  Ktrellrnt  If  aJMty. 

We  have,  arronling  to  your  Majesty's  command,  e^ery  man 
by  hiro*r!f.  and  all  of  ut  tonrthrr  taken  into  s«noo«  eonsidera> 
tion  the  case  and  ^ue^tioii  sigLrd  l>y  }our  Majevty.  aod  iDclcae>l 

'  In  i'v;i  tbr  wriU  mwrw  rtUniM  to  lb*  lr.Ua4  («iual«««. 

*  \tt  rafl  ft  i-iiiti'tti  t.A.1  t««t:  ^t«r.  1>t  ih*  J utl^M  M  Ktark's  lasiAa^* 
lb  N  <«tUiUr  !'»■.:  I:  .•*  «  rth.  |ji.  A| ,  £4*4  .  %»•  0.^  f^'ll.>«ii^'  HT«<t  .-- 
*  I  Atti  if  •  I  tii^  II  UkAt.  M  wL'ti  \h*  )«n«ftt  •I'llb  lunrr  |Aftiii  -jUily  M4i"i»d 
%r  th«  |-vr1a  ««  ttiAr.i.m*  |«a«U.  m  In  rmm  ••(  |Mnr)  or  «lt|iimlsHMat  y^wa 
Um  ar*!.  il^i  ibr  •Kat^t  Lath  barn.  mr.  i  bat  be  lawful jr  i«i|o^  u fr  a 


tb«ni  A.«   r>liii|;  t.-  I  rrrr^lcr.u  4  f-enrr  1  in««  .  »^  «h«n  iW  i,-«*«l  aoH  lamv 
'4  ibe  kiB|,-.l.-ai  in  |f«B#r%l  it  raitir#ffn««|.  a»iI  ibr  wknU  biisr'i'ttt  la  daafw 
.of  wKiib  lit!  MAj««t;  M  lb*  «'alj  ju<lf«  .  ib«a  Ibe  cbarvr  «il  IW  <Wfi 
Of  1)1  t..  >«  K'r««  by  ijl  ft*  rr«!ti>  ta  ^-woml.     HiIs  t  b«4d  sgrssaKj  1 


1637]  speech  of  Oliver  St.  John  109 

in  your  royal  letter;  and  we  are  of  opinion,  that  when  the  good 
and  safety  of  the  kingdom  in  general  is  concerned,  and  the 
kingdom  in  danger,  your  Majesty  may,  by  writ  under  the  Qreat 
Seal  of  England,  command  all  your  subjects  of  this  your 
kingdom,  at  their  charge  to  provide  and  furnish  such  a  number 
of  ships,  with  men,  victuals,  and  munition,  and  for  such  time 
as  your  Majesty  shall  think  fit  for  the  defence  and  safeguard 
of  this  kingdom  from  such  danger  and  peril :  and  that  by  law 
your  Majesty  may  compel  the  doing  thereof  in  case  of  refusal, 
or  refractoriness :  and  we  are  also  of  opinion,  that  in  such  case 
your  Majesty  is  the  sole  judge  both  of  the  danger,  and  when 
and  how  the  same  is  to  be  prevented  and  avoided. 

John  Bramston,  George  Croke, 

John  Finch,  Thomas  Trevor, 

Humphry  Davenport,  George  Vernon, 

John  Denham,  Francis  Crawley, 

Richard  Button,  Robert  Berkeley, 

William  Jones,  Richard  Weston. 

21.  Extracts  vbom  the  Speech  ot  Olhteb  St.  John  nr 

THE   ShIP-MONET   CaSE. 
[NoTemb«r,  1637.    Ruihwoiih,  it  481.    Se«  Hiit,  of  Engl,  viii.  271.] 

My  Lords,  by  the  law  the  King  is  Paier  fitmiliae,  who  by  the 
law  of  economics  is  not  only  to  keep  peace  at  home,  but  to 
protect  his  wife  and  children  and  whole  fiuniliea  firom  ii^uries 
from  abroad. 

It  is  his  vigilance  and  watchfulness  that  discovers  who  are 
our  friends  and  foes,  and  that  after  such  discovery  first  warns 
us  of  them,  for  he  only  hath  power  to  make  war  and  peace. 

Neither  hath  the  law  only  intrusted  the  care  of  the  defenoe 
to  His  Majesty,  but  it  hath  likewise,  secondly,  put  the  iMrma- 
tarn  patsstatem  and  means  of  defence  wholly  in  his  hands ;  for 
when  the  enemy  is  by  him  discovered  and  declared,  it  is  not 
in  the  power  of  the  subject  to  order  the  way  and  means  of 
defence,  either  by  sea  or  by  land,  according  as  they  shall  think 
fit ;  for  DO  man  without  commission  or  special  license  from  His 


CmsAAiA'oini/  Doeumrnh 


■a  aajr  MO,  wHJmM  Mab  «Mniiifaa  ar  I 


tfcnuli  mfm  W  tfwa  |p«wi4;  ■■JlW,  Wl  ■(■•  ■«■  «A 
■iii|iBl  mam,  m  M  Uwhl  Car  ujr  MU>iMt,  vithoai  aiMtU 


oT  MUtcni,  or  to  omIm  say  fOktnl  gnlUtllw  af  mamrj  id  Bay 
of  Bia  H^ivrfjr'a  MhJMto.  th»H*  **tk  ^^^  •OMnl. 

NrntWr.  is  Uw  Uufd  pbw^  b  Bia  Mi^iMty  UMd  aa^  wiifc 
iJua  frinUiv*  pwwiKaUw  % 


aalil  ht  gina  Um  aigaal.  aor  in  olW  naaair  II 
ta  Ua  Analiaa  i  bnl  lifcaviia  wilb  all  atW  fawara  nualrfti 
WUm  mi  ««eMi<n  «f  all  lUi«a  iacidaal  ta  aa  U«k  a  pbM. 
«  watl  (a  tiflMa  itf  aaiiaaal  daagw  aa  of  artaal  m.  TW 
•iMhff  of  aadi  ooantjr,  wha  la  bal  ffia  H^^Mt/'i  aUialv.  ha 


tU  IW  Pmm  Btgrn  ia  in  hiaMriC 

Hy  Le«da,  aot  le  bus  ihjUikl  laaffar.  H  Maal  aaa^  W 
gtaalad  tt*l  ia  titia  baaaan  of  Mm*  tte  aiff  a  |aM*M 
ia  iahatvat  in  Hb  ICi^HitJ-  aa  part  of  Ua  emni  a^  Ui^ 
digait)'. 

~  I  tbat  u  lb*  can  mad  pnraioa  of  tka  law  af  F^iaJ 


U7>  tka  banlaa  apaa  all,  and  br  eo^  I  feva  to  t^j  ^aJMl 
it,  it  naWh  tb*  qwsliljr  «r  aaak  ma'b  aatala  tka  nia  vtMvabr 
tUa  hvdM  b  to  U  aiBaaT  appartknad  apaa  aaefa  paiaaa ;  aa 
Ukawba  bUh  il  b  IW  aird  pbaa  toada  Hb  llat«lj  iW  aria 
>adfa  ef  daagaw  frm  brviraan,  and  wIms  aad  havtlto  aaaw 
ara  to  b  pravnriad,  aad  to  aawi  aaanr.  hath  gm«  U*  paw 
hj  «tH  ndar  tU  Onal  BmI  at  Eafbad.  to  ti  iimiiI  IIm 
UhaWtoato  af  aah  aaoalr  to  pnfida  Mf^^  far  tka  difcti 
aTtha  U^dMK.  Md  awy  by  b»  aaapri  tba  dab«  tbn^ 

fla  Ifaat,  ■;  l«nb,  aa  I  ttiO  aMMaiv*  tlka  ^aaMba  wOl  aal 
ba  A  ymoM,  ia  wboa  tba  japria  fatiriaf  «f  fM^  tba 
aatbaritiai  or  povm  la  tba  abariC  «bbb  a««  -iiiliiail  ia 
Ob  wtit.  d«(b  lb.  Ipt  that  K  b  (a  tba  Khw;  brt  tba  ^awlii 
b  aalf  4*  mUt.  bj  «twt  aadbn  ar  aatbad  tbb  wptaiaa 
pavar,  »bbb  b  i»  Hb  H>>-»tr.  datb  iafaw  aad  bt  aal  haaV 


1637]  speech  of  Oliver  St.  John  iii 

into  this  paiiicular;  and  whether  or  no  in  this  cause  such  of 
them  have  been  used,  as  have  rightly  accommodated,  and  applied 
this  power  unto  this  writ  in  the  intended  way  of  defence  for  the 
law  of  England,  for  the  applying  of  that  supreme  power,  wEich 
it  hath  settled  in  His  Majesty,  to  the  particular  cau8es  and 
occasions  that  fall  out,  hath  set  down  methods  and  known 
rules,  which  are  necessary  to  be  observed. 

In  His  Majesty  there  is  a  two-fold  power,  volwUaB,  or  potesUu 
interna,  or  fuUuralis;  externa,  or  legalia,  which  by  all  the 
Judges  of  England,  2  H.  3.  fo.  11,  is  expressed  per  voluntatem 
Regis  in  camera,  and  v6lunt<Uem  Regie  jyer  legem. 

My  Lords,  the  forms  and  iides  of  law  are  not  observed; 
this  supreme  power  not  working  per  media,  it  remains  still 
in  himself  as  voluntas  Regis  interna,  and  operates  not  to  the 
good  and  relief  of  the  subject  that  standeth  in  need. 

To  instance, 

His  Majesty  is  the  fountain  of  bounty ;  but  a  grant  of  lands 
without  Letters  Patent  transfers  no  estate  out  of  the  King  to 
the  patentee,  nor  by  Letters  Patents,  but  by  such  words  as  the 
law  hath  prescribed. 

His  Majesty  is  the  fountain  of  justice;  and  though  all 
justice  which  is  done  within  the  realm  flows  from  this  fountain, 
yet  it  must  run  in  certain  and  known  channels:  an  assize  in  the 
King's  Bench,  or  an  appeal  of  death  in  the  Common  Pleas, 
are  coram  non  judice,  though  the  writ  be  His  Majesty's  com- 
mand ;  and  so  of  the  several  jurisdictions  of  each  Court,  the 
justice  whereby  all  felons  and  traitors  are  put  to  death,  proceeds 
from  His  Majesty;  but  if  a  writ  of  execution  of  a  traitor  or 
felon  be  awarded  by  His  Majesty,  without  appeal  or  indictment 
preceding,  an  appeal  of  death  will  lie  by  the  heir  against  the 
executioner.  If  the  process  be  legal,  and  in  a  right  Court, 
yet  I  conceive  that  His  Mi^esty  alone,  without  assistance  of 
the  Judges  of  the  Court,  cannot  give  judgment.  I  know 
that  King  John,  H.  3,  and  other  King8,  have  sat  on  the  King's 
Bench,  and  in  the  Exchequer;  but  for  ought  appears  they 
were  assisted  by  their  Judges.  This  I  ground  upon  the  Book 
Case  of  2  B.  3.  fo.  10  &  11. 

Where  the  party  is  to  make  fine  and  ransom  at  the  King's 
will  and  pleasure,  this  fine,  by  the  opinion  of  the  Judges  of 


Coms/iiithomU  Doeumunti 


1 


K^lu^  Mft  b*  Ml  I17  tW  JndfM  Ufcra  wkni  iW  fu\f  m 

MOVMtMl,  Md  euMKrt  k  Mt  bjT  tW  Kla|t:  tka  mnb  df  tU 

iMgk  n  thaa:  /<*  Jkratniu,  it  kmi  jar  Jbyw* |Mr  « 

mt  ^(t*r  rantM  w  mm  jut  }»tl»timi»t  «h««,-  W  L 

Ayu,  jmIm^  far  jutlitiuriM  mmw  «(  /wr  by>  mbm  I«  d«  iL 

Ami  u  wilhoat  th*  M»i«lMtf  of  Ui  Jsdfta,  who  an  Ui 
MttUd  wmumI  U  k«.  Hk  U^tnrt;  ■pH'm  m*  tka  kv  •*! 
jMf In  b  hm;  cum  uts  Ua  MbJHU ;  m  UkmriM  ia  vtW 
CMH :  BHtUr  b  IhU  M&ciflit  to  du  it  wllbaM  tW  iiiiilMiii 
■r  kit  gnat  OvuMcil  in  FkriiMMat;  it  u  wwom—  j  idjMil 
WW  |i«M  btbr*  (ha  8ui«ta  ef  ■}  EUi. ia  tlw  Ki^i  BmA. lU 
Kb«MvUMl  NlwnhugTwndMd^MtauymrbMtbrWril 
onCmriaPferiUaMBt;  tmklhn  cm  \m  art  of  Ptofaam  altar 
Iba  oU  U««,  DM  Hftka  aov,  nr  iwihi  aaj  MtenUHiMM*  or  byi- 
ll— itoiM^  Mr  do  HMO  oIkM  thiafo;  and  jvl  ia  Ikr  IkrtioMort 
Ub  HitMr'*  OMut  too,  M  »«U  M  alW  Ua  Owrta  of  JMtin. 
U  b  Hia  IUH>r  tut  fivM  lib  aal  teii«  to  Hmt,  fcr  ko  «lj 
•MMOM,  eontlMMi^  ua  dtawlvM  it,  a^  W  hy  kfa  k  Mfe  oalbwa 
•a  tW  actiouoTIt;  od  aft*  Iha  fcMhti—  orU,  bf  ay- 
pMtkg  Ui  Orarti  rf  JaMtai,  bo  haapa  tboa  itm  aUfa,  if 
paltlH  tb«M  ia  nm^m :  aad  oMbaagb  n  tba  Writ  rf  Waal. 
aad  aoM  otbar  »rit^  it  b  mT  '  '  ~      ~         ~ 

b  nafoct  tbat  Iho  wbab  kiagdoa  b  r 
aad  oaooadly.  tbat  Ibo  vbob  UagdoM  ban  aoeaaa  tbitbar  ia 
•a  tbiafo  tbrt  cwanni  tboa^  otbM  Ooaila  aArdi^  nUaf  bal 
ia  ipaabl  HaaM ;  aad  lUnUf,  ia  tM^aal  tiMt  Um  wbab  Ui«daB 
biDtanaladiB,aad  nc^*a  bwaOl  bf  Iba  bwa  aad  tUi^  tbar* 
fMaHl;  jatitbCaMtllhMiJBiyatfBaotbannMtbaatbaOaaiwB 
Uw  H  /«•  rw*<aa.  Iba(  b  far  aMAm  ttt/U  wham  It  b;  if 
I  mmj  m  lora  it  ia  a  gnat  part,  vtm  in  paiat  af  iataral, 
■•  bo  b  Iba  baad  of  tba  CoMnaawoabb.  aad  wboo*  it  b  whaOf 
ia  traat  br  tb>  gMid  of  tba  wbab  body  of  tba  nala;  far  b« 
abao  b  tiaalait  wttb  tbo  rxacalba  ef  it. 


TW  I 


liaff  wUeb  I  obaam  b  tbb^  bgr  tbo  omm 
kabn  cHad  it  appMn.  tUi  witbaat  tba  Mablaaaa  ia  PMlia- 
■oat,  Hb  Mi^y  caaaot  ia  Maa«  i«m  Laaiawiaali  ailbat 


1637]  speech  of  Oliver  St.  John  113 

My  Lords,  I  have  now  done  with  the  stating  of  the  question  : 
the  things  whereupon  I  shall  spend  all  the  rest  of  my  time  are 
these  five. 

I.  Admitting  that  the  ordinary  means  hefore-mentioned  had 
been  all  used,  and  that  they  had  not  been  sufficient,  whether  in 
this  case  His  Majesty,  without  consent  in  Parliament,  may, 
in  this  case  of  extraordinary  defence,  alter  the  property  of  the 
subject's  goods  for  the  doing  thereof. 

a.  In  the  next  place  I  shall  endeavour  to  answer  to  some 
objections  which  may  be  made  to  the  contrary. 

3.  In  the  third  place,  for  qualifying  of  this  I  shall  admit, 
that  in  some  cases  the  property  of  the  subject*s  goods,  for 
the  defence  of  the  realm,  may  be  altered  without  consent  in 
Parliament ;  and  I  shall  show  what  they  be  in  particular,  and 
compare  them  and  the  present  occasion  together. 

4.  In  the  fourth  place,  because  of  some  precedents  of  the 
matter  of  fact,  and  likewise  legal  authorities  that  may  Eeem  to 
prove  a  legality  in  this  particular  of  shipping  for  the  defence  at 
sea,  whatever  it  be  in  the  general ;  I  shall  therefore  endeavour 
an  answer  to  such  of  them  as  I  have  met  withal. 

And  shall  conclude  in  the  last  place  with  the  authorities  in 
point. 

For  the  first,  that  to  the  altering  of  the  property  of  the 
subject's  goods,  though  for  the  defence  of  the  realm,  that  a 
parliamentary  assistance  is  necessary. 

In  this  it  must  be  granted  in  the  first  place,  that  the  law 
ties  no  man,  and  much  less  the  King,  to  impossibilities. 

And  secondly,  that  the  kingdom  must  be  defended. 

As  therefore  the  law  hath  put  this  great  trust  upon  His 
Majesty;  so  when  the  supplies,  which  by  the  ways  before 
mentioned  it  hath  put  into  his  hands,  are  spent,  therein  it 
hath  provided  other  ways  for  a  new  supply,  which  is  the  first 
thing  that  I  shall  present  to  your  Lordships,  and  this  is  the 
aids  and  subsidies  in  Parliament. 

That  amongst  the  ardua  Regni  negotia^  for  which  Parlia- 
ments are  called,  this  of  the  defence  is  not  only  one  of  them, 
but  even  the  chief,  is  cleared  by  this,  that  of  all  the  rest  none 
is  named  particularly  in  the  summons,  but  only  this ;  for  all  the 
summons  to  Parliament  show  the  cause  of  the  calling  of  them  to 


114  CoHsiitmhmai  Ooeumttmh  ti%i 

Im  fn  fmihttmimm  antmu  rngtlii*  mm  M  4*^mm»m»m  Mtfm  mmtri 
Am^iatMS^mmlitfUimwtnm htw.  Andn«oMlMM, 

M^mm,tlmlt^i»mtm.Mj^iiitutm  Btpd  tt  KmUmm  jOiflL 
And  la  aO  Dm  ndmX  wmmm  of  PtoUuMrt,  wWa  aU 

«M  dMwM.  Ikl  fMlkalW  SMM  of  MmM  Md  i^lMl  *l^ 
MMjUifMckl 


M]t  Lonb,  ih»  I-vUmdmI,  m  iI  n  bat  qmltftKl  Md  f  Hal 
la  mIm  tUt  Mpplj  far  awM  of  tMli  raak,  aad  tkal  tiwaagh 
•Q  Ika  parts  af  Um  yagiba  !«»(  llwa  «<  Hb  H^Jm^ 
batnw  dwiand  tbt  Jaiyr.  Ibj  b«t  kaoviaf  iba  aalalai  of 
an  naa  wttUa  tW  nafaa.  an  Mai*,  b;  mmgu^  Urn  Jiag» 
aad  ma'a  aataUa  lagathar.  la  ynfMrtioa  th*  aU  iinrlinly. 

And  aooadlj,  at  tkay  an  StUM  far  Iha  piMWlioa  ■< 
tka  ftiwJaaiMital  vn^nttf  wlikk  Ibt  hI^mI  Iwlfc  ia  kfa  laadi 
aad  iM^  baaMM  aaah  Mbftrt'i  nla  h  iacMad  la  vhatM- 
vTwialhndsM;  n  Ika  it  Maaat  bt  4aM  etlMnviw  I  iWI 
MJMiTCBr  to  ima  to  j«ar  LorUipi  boik  by  nwoa  aa* 


Mj  flnl  raMoa  ii  thK  Ihrt  Um  PwliuMal  bj  Um  law  ii 
i^faialad  aa  tW  trdiaar?  ■waa  for  Pi|ipl7  "pM  calnoHiaatx 
oMaitoao.  wbn  Iba  onliaafT  Mppliai  will  aot  do  ft :  if  tUi  ia 
tba  veil  tbanCora  wmj,  wUkoal  rwofiiaf  to  Ibal,  ba  nO,  tba 

floM*  orroBWl  will  boU  a«  hafcr*  to  raMrttag  to  (1 

"    rr.  l9[«aclMtoBl]  oftbao  ' 


» 


My  MaMd  na«ia  ia  tobw  &«■  iha  aaioM  ol  tmwm  Ki^* 
iaUUiaftiiadofnac 

no  ^d«  ilwiinlil  ^  tkw,  aad  fraatod  to  NiIibwI. 
•vaa  tor  thii  rorpoat  of  Ik  dafwaa,  awl  lha«  to  ^mm  af 
toialacsl  A^aia.  ar»  w  fraqoaat,  Ibal  I  will  opwo  tho  cttiaf 
vl  aay  of  Ibaai :  it  i*  ran  ia  a  NlgfCt,  aad  mtn  to  a  fnaaa, 
to  Hh  aad  laba  tbat  «f  fKI,  wfaieb  bo  Bay  and  aagbt  la  baa* 
«l  riiM,  aad  tbat  vitboat  m  Batb  aa  a  aalai^  ar  dritoaatka  if 
bbrifbt 


Mj-  Lotd*.  it  appMr*  aat  hr  MTtbin  *■  *k*  «Trt.  tbal  oar 
war  At  all  WM  pracUtoifd  aywart  any  Stato.  or  ttot  tf  aaj 


1698]         Argument  of  Sir  Robert  Berkeley  115 

His  Majesty's  subjects  had  t«ken  away  the  goods  of  auy  prince's 
subjects  in  ChristeDdom,  but  that  the  paiiy  might  have  re- 
covered them  before  your  Lordships  in  any  His  Majesty's  Courts; 
so  that  the  case  in  the  first  place  is,  whether  in  times  of  peace 
His  Majesty  may,  without  consent  in  Parliament,  alter  the 
property  of  the  subject's  goods  for  the  defence  of  the  realm. 

Secondly,  the  time  that  will  serve  the  turn  for  the  bringing 
in  of  the  supplies  and  means  of  the  defence,  appears  to  your 
Lordships  judicially  by  the  writ,  that  is  seven  months  within 
four  days;  for  the  writ  went  out  Aug.  4,  and  commands  the 
ship  to  be  at  Portsmouth,  the  place  of  the  rendezvous,  the  first 
of  March  following ;  and  thereby  it  appears  that  the  necessity 
in  respect  of  the  time  was  not  such,  but  that  a  parliamentary 
consent  might  in  that  time  have  been  endeavoured  for  the 
effecting  of  the  supply. 


22.  EXTBACTS  PBOM  THE  AbOUMEKT  OF  SiB  ROBEBT 

BsBKELET,  Justice  of  the  King's  Bench. 

[1638.     State  Triab,  iii.  col.  1090.     Se«  Hitt  (ffEmgl.  viii.  278.] 

For  my  clear  delivery  and  expression  of  myself,  I  divide  all 
that  I  shall  say  into  these  four  heads,  (i)  I  will  state  the 
case  and  will  settle  the  proper  question  of  it,  as  the  pleadings 
are.  (The  true  stating  and  settling  of  a  case  conduceth  much 
to  the  right  answer  of  it.)  (2)  I  will  consider  the  policy  and 
fundamental  rules  of  the  Common  Law,  applicable  unto  that 
which  upon  stating  the  case  shall  appear  to  be  the  proper 
question.  (3)  I  will  consider  the  Acts  of  Parliament,  the 
answer  to  petitions  in  Parliament,  and  the  several  Magna 
Chartas  of  the  liberties  of  England,  which  concern  the  King's 
proceeding  in  this  case.  (4)  I  will  answer  the  material 
objections,  which  have  been  made  on  the  other  side. 

Upon  my  first  general  head.  I  hope  that  none  doth  imagine, 
that  it  either  is  or  can  be  drawn  by  consequence,  to  be  any 
part  of  the  question  in  this  case,  whether  the  King  may  at 
all  times,  and  upon  all  occasions,  impose  charges  upon    his 

I  2 


Mt     n*  pMpb  of  tW  U^iImi  mn  wn^mlM,   sot  riftiw. 
fnttMA.  Ml  vilUiu,  to  bt  tuW  A  aliv  «  Amm^ 


mUM  In  hi*  tnwm  aad  pWMB,  far  gsrenuMat  •!  Ui  Mliftcl* : 
ytt  kia  gnnniHMat  b  lu  b*  «k«iA(m  U/m  rtgm.  Il  b  «• 
«f  tb«  <|MwtlaM  ia  UwjwfWiiilwi  ngu.  »t  kit  MraMtka  {*• 
tU  oU  UkgtH  OMTta, IbL  i«4);  C*MM^>«Miw  l^w  m  «m- 
Mt^Mua  nfnf  mm  Immdaa  t  And  Iha  ki^  ii  to  aMww. 
OMMrf*.  BytlMMhwilkvMkiMttutwttaaMtoMtUkia^i 
wtU.  rf  wkrt  tkf}  kM.    Tb^  k»va  u  Ikiir  luib  /'mAm 

ml  |Nif«.  Hhj  kaw  to  tkcir  gvoda  ■  pnyartj,  ■  fmabar 
tolMHi,  ft  MMw  «  (MUM.  TlMjr  bftf*  »  hbtinifkt  In  Ik*  Umt 
tt  tb«  kiigifaw.  X«  &*w  U«»  «w  k«  pat  •poa  tkta ;  mm  •( 
tk«r  kwt  on  b*  altond  w  abnfitorf  iritlMBt  eoMMB  MMOt 
tohrtiftiMt. 

TkM  HiA  I  iftA  to  *««d  ■iw|ifii>iiiMiui  ami  mimtfmtt 
tpam  tfaftt  »ki(k  1  ikftll  ny  »  tbit  tmm-.  Mt  m  U  dMn  ««n 
CftMiof  M]riiif  M  niacli  wpoa  maytklnf  gbftlli^J M  Uw  Kl^i 
rtda.  W.  ban  in  print  Hit  UaH</'  ««>  ■»«  frnifaw 
DHbnlwn,  tkM  it  in  kU  nM.si^  tbftt  tkn  pMpto*a  lifctiw 
JwHtb—  ^  Kb>^trnne»ldf%  m^  tkal  lk>  Ki^n  f"^ 
tin  to  to  ditad  tk«  pMpb'a  libartiM. 

SwomDr.  tkosflfc  Ur.  HnvprfMi  «oumI  bftw  •rwl  nil  tkair 
pnwdir  to  cHtof  n  wikhad*  of  raoonk  bnfinniit  *U  >>* 
to  Ktof  Joka'i  tiaa.  nnd  ao  dawnwnnla,  to  paw*  tkal  Ik* 
Kuf'a  NUttton  hsTC  f«U,  tkat  tka  hnraM  ban  ban  by  writa 
eaamftaM  in»rtiaiii  to  paj,  MaatiBaa  to  aaka  inawMta^ 
Mt«rtka  Ktog'f  MMjiardM^— U(Maa■<fcni■«>uiUHT■ 
Ml  votoatoiy  «nn :  to  cMta  af  paHicalir  cr  Mtftoaiy  difcnta 
•r  Iba  fMl^  M  spw  nkallkNi  oT  aakMa,  or  iwM^  b;  aMsiaa. 
tola  pnrta^  ■atrfw^  ar  awiUaa ;  HMk  «Maik«  1  wmm,  aa  an 
M»  ftwtly  faraUftUa,  aa  Ma  apt  to  iw  a«v  «bM  tbajr  hanr 
•t  anv  kaaa  mmuf  ivaiaat  Ikaa :  to  mmm  af  aalttof  faatk 
Alfa. laaaaotiiy  tka  a»aa  fc<»  patty  pifntoa.aatkn>  winkanli 
■V  knn  mh  fMNgai    to  Mwa  vfam  nctanla,  or  atkar  fa»* 


1638]         Argument  of  Sir  Robert  Berkeley  117 

visions,  were  taken  from  particular  persons,  by  way  of  purvey- 
ance, for  soldiers,  or  for  the  King's  army :  in  cases  of  borrowing 
of  money  by  the  King's  officers  for  war,  or  ordinary  or  extra- 
ordinary  defence:  in  cases  of  taking  money  or  goods  against 
the  owner's  consent,  by  warrant  for  the  King*s  uge,  for  war,  or 
other  manner  of  defence :  in  cases  where  particular  men's  ships, 
horses,  or  armour,  were  lost  in  the  wars :  in  cases  where  private 
men's  houses  were  used  in  the  King's  service :  lastly,  in  cases  of 
general  and  extraordinary  defence,  where  the  King  had  sufficient 
aids  for  that  purpose  granted  to  him  in  Parliament.  Although 
I  confess  it  be  true,  that  the  King  in  all  these  cited  cases  must 
pay  of  his  own,  without  imposing  upon  the  subject ;  yet  I  say 
that  those  cases  come  not  close  to  our  case :  for  every  of  those 
cases  hath  a  manifest,  particular,  and  just  reason ;  but  none  of 
these  reasons  are  applicable  to  the  case  now  in  question,  as  is 
easy  to  demonstrate,  if  a  man  would  enter  into  every  of  these 
particulars;  which  I  forbear,  for  saving  of  time.  And  these 
records  being  taken  away,  the  multitude  of  vouchers  on 
Mr.  Hampden's  side  will  be  gi-eatly  abated. 

Thirdly,  the  case  of  the  ancient  tribute  called  Danegelt,  of 
which  Mr.  Hampden's  counsel  hath  spoken,  though  it  come 
nearer  than  any  of  the  former  mentioned  cases,  yet  it  much 
dilFers  from  the  charge  imposed  in  our  case. 

Fourthly,  I  affirm,  with  some  clearness,  under  favour,  that 
the  charge  now  demanded  is  not  within  the  ancient  acceptation 
or  signification  of  the  words,  aids,  mises,  prizes,  taxes,  or  talliages, 
which  it  is  to  be  agreed  cannot  be  exacted  by  the  King,  with- 
out consent  in  Parliament.  Neither  is  it  within  the  compass 
of  the  word  subsidy,  which  may  not  be  levied,  but  upon  grant 
of  it  in  Parliament.  Aids,  if  you  take  the  word  in  a  general 
sense,  they  were  of  two  kinds :  (i)  Such  as  were  aids  and 
services  too,  as  jnir  faire  fitz  chevalier,  pur  file  marier.  That 
kind  of  aid,  common  peraons,  who  had  seigniories,  had  right 
unto,  as  well  as  the  King.  No  colour  of  comprehending  this 
kind  of  aids,  within  the  word,  aids,  pertinent  to  this  question. 
(2)  To  the  second  kind  of  aids,  were  sums  of  money  from  the 
subject  to  the  King,  by  way  of  help,  ad  agenda^  regis;  as  for 

^  Corrected  from  Siowe  MSS.  187/a. 


ii8  CtmMNhofnil  IhKununts  [i^ 

DiAkiiig  of  raiitir*.  ImilJiiig  of  hriclifM,  belfn  for  Toluntjiry  or 
ftuiilmrv  war*,  oi  for  tbi*  Kit.:;  to  do  hU  plrAturr  with.  Mid  th« 
like  .  .  .  Mi«rt  w«*r«  |>re«riit:itiiii»  in  kind  of  a  bnie%«»letir«. 
apuu  A  Kiiiyt  timt  cuiinii|(  to  hi«  crowu ;  tach  %g%  jicldrd  At 
thb  dAj  iu  Wales  to  a  Prince  of  Wnlec.  rritet  are  tAkin^  of 
pArt  of  the  nulgt^t'i  ffoods  frDtn  them  U»  the  King't  use  without 
pAy  ;  liv-nrr  pri^Aijt*  of  win<-t  At  this  iIat. 

•  •  •  ■ 

Fifthly,  it  CAnnot  be  iaiiI  thAt  tlte  prreent  cam  !•  to  be 
»tAted  to.  AS  tinleei  the  chAr^e  ri'iuiiiAi>de«i  be  uKejed,  ah 
AiAurcil  infAlHMr  iuid  aii«1  tubvenion  of  tbii  kitiKilocn  will 
liAppen,  aimI  that  inttAiitly.  In  sttcb  a  oaat,  qm^i  non  it  Uw- 
tul ;  And  bappy  bi*  who  by  doin;;  any  exploit  cao  iata  the  ahip 
from  ■inkiiiff.  the  Uidy  ftom  f.illinir. 

Siitblv.  it  it  to  lie  otttervrtl  ibAt  the  princtpAl  cowsAad 
in  thr  Hbipping-Writ  it  Dot  to  Wvy  money,  it  is  to  proTide 
A  ship;  which  ship  l>ein(;  to  be  proTide<l  At  the  chArge  of  a 
inultitadr.  in  n*tfArd  the  tbint;  cAuoot  lie  dooe  Any  mAiiaer 
of  way.  but  bv  the  niraiis  of  tliat  whkh  is  mesuimi  nrytm^ 
iiantely,  iuon«*y,  therrfore  tb«*  iiittmct^'oiif  in  the  Hhippiair* 
Writ  ar«>  not  only  apt.  l»ut  nectMAr}*;  that  ah  AMeeaaeot 
l«  niAd«*.  wbtTiby  |iro|ta.rtit.i>abI«*  saro«  of  mofiey  may  be 
coIW*nl  for  tbf*  prurt^iou  of  the  thiiiK  CL»nimAiid«L  And 
thrreu|N»n  it  may  b»*  aaid.  tliat  the  num  aaarase«l  apoo  every 
one.  ai«d  in  our  case  U|*tn  Hr-  lliim|Klen,  i«  not  a  dehl  i^i 
f^rmini.  but  is  rather  a  duly  to  \w  i»erformed  aa  a  meena 
cuoduciiiu  to  the  prioiiii^il  end.  The  refusal  uf  performAiKe 
of  which  duty  It  a  re!us.d  to  obey  the  principal  UitOK  cum- 
niAndrii.  yyi  t\^*jtU  m^itum.  »Us^rutt  jingm  And  the  principAl 
thin^'  atriiiiiaiiiieti.  U  intr  of  a  kinl  concerniD|r  the  comoum- 
wcAlth.  the  King,  %kbo  i»  the  bra«i,  the  aoirer>pi|fn  of  the 
t\>mmon«eAlth.  and  who  bath.  a«  incident  to  bit  reffal  uArc. 
|>uiirr  uf  o<rri-i  n  i«  b>  Iiw  U*  etercite  toeh  Kit  power  ol 
coem«tii.  to  intt-rcr  •u*  b  as  if  I'u^*  t*  juin  with  other*  IB  per- 
lunuAi.t-e  i*(  tliAt  tibub  i*  rimnmndrvl  Tt  tlie  commonweAlth 
And  thi*  l«*.nK  the  tiur  «tat<  .-itil  wa\  uf  tlie  prooredin^s  to  t*.«' 
prr«ei.t  •  a«i  It  It  a|>)«rf  itt.  that.  tb«iu^h  the  Nctre  FmnoB  a|piii  st 
Mr  H  i;nf>l<*r  l«  lu  thr  Kii:u'  «  r:aiik<*,  yt-i  it  ia  OOl  t  •  Ka«e 
«i«<iiti«Mi    AS   U\x    tl.r    Kii.g  •    tuo-.«>%     kT  as   f«ir  A   drM    «1  :«    U» 


1698]         Argument  of  Sir  Robert  Berkeley  119 

the  King  from  Mr.  Hampden.  But  as  is  manifest,  if  the  whole 
contexture  of  the  Writ  of  Swrt  F<icia$  be  observed,  it  is  nothing 
else  but  to  bring  on  a  declaratory  payment.  That  Mr.  Hampden 
ought  onerari  to  the  payment  of  the  20«.  assessed  upon  him.  So 
that  with  his  20«.,  together  with  the  other  money  of  Bucking- 
hamshire men,  assessed  also  upon  eveiy  of  them  particularly, 
the  ship  commanded  from  the  county  of  Buckingham  may  be 
provided. 

Seventhly  and  lastly,  having  declared  of  what  nature  our  case 
is  not,  I  oome  now  to  tell  you  what  the  state  of  it  is.  The  true 
state  of  our  question  must  be  made  out  of  the  whole  record  or 
pleading  of  the  ca^e,  the  matter  of  fact  wherein  the  defendant 
hath  confessed  (as  I  noted  in  the  beginning).  In  the  writ  of 
Aug.  II  Car.  and  in  the  Writ  of  Miitimut,  there  are  causes 
expressed  of  the  issuing  of  the  writ  of  Aug.  1 1,  of  the  Shipping- 
Writ  ;  those  causes  are  several,  but  not  to  be  severed,  all  of 
them  are  to  be  laid  together  into  the  balance. 

I.  PiratM  eangregati,  upon  the  English  seas.  a.  Piratae 
navigium  indie9  preparantes,  ad  mercatores  uUerius  moUttandoSy 
et  ad  regrmm  gravandum,  3.  Pericula  are  undi^ue  regno 
Angliae,  in  his  guerrinis  t^m'porihus,  4.  Those  pericula  do  im- 
minere  regno,  nisi  citius  remedtum  ponatiir;  where  the  word 
citiui  is  a  comparative  word,  relative  to  slow  ways  of  remedy, 
amongst  which  Parliaments  is  one.  5.  Regi  et  subdiiia  eon- 
venii,  omni  qua  poterint  festinatiane  aecelerare,  ad  regni  defen- 
sionem,  maris  tuitionem,  et  seeuritcUem  subdiiorum. 

Out  of  all  those  positions  it  appears  that  there  is  in  the 
case  real  and  manifest  peril ;  not  panicus  terror,  fear  without 
cause ;  tempora  are  de  /ado  guerrina,  there  is  de  facto  navium 
congregatio. 

Again,  we  must  observe,  that  in  this  case:  i.  The  command 
is,  ad  prqficiscendum  cum  navUnis  regis.  So  the  King  himself 
is  to  join  with  the  subject  in  the  common  defence.  Here  is  not 
a  quod  tibi  fieri  non  vis.  Here  is  rather  a  eoniribuiio  than 
a  tributio,  2.  The  ships  and  arms  to  be  provided  are  to  con- 
tinue the  subject's  own  in  property.  The  King  doth  not  assume 
the  property  of  them  to  himself;  he  only  commands  them  to  be 
made  and  used  for  the  common  defence.  This  appears  by  the 
words   ad  }>ro/iciscendum  cum  navibus  nostris.     So  the  writ 


I20  Consiiluhonal  iJiKuments  [9^ 

iM»t*  n  Hi»tinrtioTi  lirtirrrti  nar^9  no^tra^  (that  if,  t}»i»  Kinff't^ 
Ait«l  tin*  »>kii|M  til  Im*  pn>Tti|«N|.  See  th^  liki*  of  thii  m.  j8  and 
iiy  I*!*!  I  '\mimMiii<i,  nirh  th«*  Kiiifr**  Hrmrmbimrirrr.  fur  crmll^t 
rommAnH'il  \y]*"t\  the  likr  (irra«inii :  and  IV  5.  K  2.  aiul  P.  13. 
K  3.  With  the  Kiiii;>  lUm»"mhnirirrr,  ini^  hrrria  dtr^in  hm- 
rofithuM  3.  'Flic  tuhjtvtf  •T  oiminari'W.  in  thit  ra«^  to  li» 
at  thf  fY|M*nf««.  f'rm  ifi  rirtualihis.  yii/tm  Anfnintim  tn'ariis  mi 
tjtifrrnm  u*rfMntrii$.  Thi«  I  rhall  pn^rr  rl^ttrlj  Ation.  to  Iw 
ciiiiKmjiiit  to  law.  and  wAirmntrd  hj  many  |>rvrf«lrntt  in  the 
like  cA»r]i.  4.  Alt  the  conntipt  of  the  kin^otn.  that  ii.  all  the 
kiiit?<l«'m  in  ^i»ml.  in  rhArtred,  not  any  fff4u^  ;  the  rlerj^r 
thi'  KnifT  himself,  nre  to  ji»in  in  the  fin*Ti«ioii«.  .'».  The  final 
eni!  iin«)  trope  i>f  a11  thi*  |>r«*i«nriitinn  i«  ihfmnn  rt^i  imiho 
fmaris.   rrtfuti"  i/«>vMiiifi   ttytnt.   gtruntat  guimiuorum^  Mi/wf  m- 

•  ■  ■  •  ■  •  • 

Nmw  wh*'thei  to  iirt  the  rommonwealth  fre^  an<l  in  tafrtv 
fn»in  tlii-*  |***ril  of  niin  an'l  ile^tnirtion,  the  Kinif  may  r*«it. 
of  hi«  f»wn  rovAl  iiitth<>ritv.  ami  without  common  aaaent  in 
rnrh.unrnt.  imp'^e  .1  cK  tr.'e  ii|^in  Ki*  «tihj*rt»  in  ipentril  t«t 
|»ro%iilr  Mirh  «)ti|>]Mn(f  n*  i«  n-i*««.iry  in  hit  royvl  jofltfioent 
t"  J-  ill  u  \*.\i  Hi«  M.ijr*ty"*  own  i^liip-  t«i  Attend  them  for  tarh  time 
ito  \\\*  M.tj«-tit}  ii  i.iH  pynl  wi«i|-  m  rhiiM  think  fit.  and  al«o  to 
t'iij..if:  th«ni  tM  U-  thr'iifcrlvr«  lit  th  •  eiT^n««»*.  fam  in  n-tiitf/jWi 

I  w-'ilil  }»e  l-th  t'»  irritat*-  'Ij\  i\i\Tmv.{*  in  opinion  fr«m 
n-r  with  |fMV«»Vir  i»  'T  «lii'ti«  t.rii'«i;  hut  I  »,if.n't  mofr  fnlU 
rtp'r^f  !ii\-.  1?  ■!*•.•!  -I  I  i|i  ••r»*  !•  UMi\  )*»  taken  a*  an  ei- 
|-r«**T  !:  »»"!  I  •■•  j%«  "<  rt»tnp>n*«»i  )  than  in  M]tinff.  that  it  i* 
•%  <1  «!■).'•  r*i<  t<i  <-t.  11  kit.  t  it  ;-i  i  I  /iiibT  f|'iri<»ti,  t^  h«>M  tha* 
O.'  w.  %  I  ii)-i!r  ft  t:-t  )-•  ii^ii.««-«i  to  iw-ril  of  utt«*r  mm  an«I 
•M*  ^  •  "■.  I  a*!:*  r  *  ).i«ii  •*!•  •  iil^i'^'i  :%*i  thi«.  which  m«)  aer.rr 
th»  •  T'l!- •  •  wi  .»l»l  ni>\  U-  I  i.|-**  1  \i\  the  Kinir  u|*'n  t»ir 
•ti*'*.  t  wifh-nr  r  .:ij  I."  ..■!.•.:?  n.  r.%r!:.^ment  S»  that  the 
••'•»  :»\  f  tJif  i-:;i  fitt-  .l?'i.  f.,r  Mm  %rr\  «uti«i«tenre  <»f  it 
r?  •?  ••  k\  :ii '!  iiie  •  uiit  .  1  Tarl-an-.n.*.  i-ro^nh-  f.-r  it.  it* 
%)t  .  I.  ir-ttTiv;  ■?  f!'t;.-.  I?  !•  |*-*iu».V.  iiav  .^kpparentl)  i-ro^iable 
y'%  !♦•  *  n:  if  »  ■  !  t  »-■  j  T  u  ri  'Ival  aIi  n:a}  )^,  %ea  will 
li     •  r   iii:^.*  *     »  ^fit!  j-n  .'     !    'ti«fn  •;  .fi  af^d  d«*^tlati«>n 


1638]         Argument  of  Sir  Robert  Berkeley  lai 

All  know  that  the  Jews  were  go  strict,  that  they  would  not 
use  meaDs  for  defence  of  themselves  and  their  country  upon 
their  Sabhath.  Their  enemies  took  the  advantage,  and  ruined 
their  state. 

The  Second  General  Head. — I  now  come  to  my  second 
general  head,  wherein  I  proposed  to  consider  of  the  funda- 
mental policy,  and  maxims,  and  rules  of  law,  for  the  govern- 
ment of  this  realm,  and  of  the  reasons  of  law  pertinent  to  oar 
case,  which  are  very  many.  I  will  briefly  and  severally  point 
at  those  which  make  impression  on  me.  i.  It  is  plain  that 
as  originally,  even  before  the  Romans'  time,  the  frame  of  this 
kingdom  was  a  monarchical  state,  so  for  divers  hundreds  of 
years  past,  upon  the  Romans'  desertion  of  it,  and  after  the 
heptarchy  ended,  it  was,  and  continued,  and  still  continueth 
monarchical.  And  our  gracious  sovereign  is  a  monarch,  and 
the  rights  of  free  monarchy  appertain  unto  him ;  and  yet  still 
with  this,  that  he  must  leges  ad  eonstietttdines  regnt  gervare,  et 
praeeipue  leges  et  consuetvdines  et  libertatea  a  glorioso  rege 
Edwardo  (that  is,  Edward  the  Confessor)  clero  populoque  eon- 
cessas;  as  appears  in  the  old  Magn,  Chart,  foL  164,  tit.  jura- 
mentum  regis  quando  coronaiur. 

2.  Where  Mr.  Holborne^  supposed  a  fundamental  policy  in 
the  creation  of  the  frame  of  this  kingdom,  that  in  case  the 
monarch  of  England  should  be  inclined  to  exact  from  his 
subjects  at  his  pleasure,  he  should  be  restrained,  for  that  he 
could  have  nothing  from  them,  but  upon  a  common  consent 
in  Parliament. 

He  is  utterly  mistaken  herein.  I  agree  the  Parliament  to  be 
a  most  ancient  and  supreme  court,  where  the  King  and  Peers, 
as  judges,  are  in  person,  and  the  whole  body  of  the  Commons 
representatively.  There  Peers  and  Commons  may,  in  a  fitting 
way,  parler  lour  menty  and  show  the  estate  of  every  part  of 
the  kingdom ;  and  amongst  other  things,  make  known  their 
grievances  (if  there  be  any)  to  their  sovereign,  and  humbly 
petition  him  for  redress. 

But  the  former  fancied  policy  I  utterly  deny.  The  law 
knows  no  such  king-yoking  policy.  The  law  is  of  itself  an 
old  and  trusty  servant  of  the  King's ;  it  is  his  instrument  or 

'  One  of  Hampden'fl  counsel. 


by. 

tMd  WW h«afd  tW  Imwn'ftmi  \mt  it  ia  mmmot 
tiM  Ifcal  iToi  b  l«^  for  Im  i*  In  latti^M,  •  Uvl^.  t 
u  MlUif  b« :  uxl  fcieiMf  ih*  K lax  ■  1^  Imptm^  t\ 
It  b  ntd  tbt  JbB  mutimr   ' 


.bipmr*  Hr.  HeUnraa'i  wppoMd  poliejr.  TW  in*  K  '  Tkil 
Um  King  u  »  p0i«  tratlad  vilk  tW  atttt  iT  tht  mhmm- 

WMltll.'     -'  I- '  J -t- '--  ■-  .^-.  -«--  »>-j  |-,j,|^ 

tio  imRff.'  Up«  IkiM  twa  BAxina  tba  jmrm  mmmmm  Mf«tMM 
w«  giMMbd,  wiUi  whM  BdM  b«l  tW  Kioff  luMalf  (m*  Ui 
h%h  cooit  el  hriMunrat  wUlwat  )m*«)  Iwlk  t»  wddk  M^ 
11HHI7.  nr  ftad  imbi.  nloa  of  oau,  FM-fiwant  al  fInMir, 
pa<nr  t»  difftnut  wiiJi  p*B«l  bw^,  wd  di*«n  olWn;  UMapl 
»hbh  I  lufi  lb««  alan,  of  ngal  power  to  vmmaaA  yrftfaJM 
(ia  Mw  a(  wmw'ly)  oT  Maaa  fnm  tk*  lal^iHta.  la  bo  a^riaod 
to  Um  Kiaf '■  awn  Maai  far  tba  4afwca  ■!  tW  ■■■■■aiiiUfc. 
fcr  tha  pmawatio*  rf  tfca  lafca  itifUiwm.  Otimwim  I  4t 
aol  aadmtaad  haw  tlw  Kiag**  Mi^y  Mf  fc*  aM  to  tea* 
tb«  OMJHtkal  ri(tA  aad  |a««r  nt  a  IVw  ■naartt 

It   ia   ««T*td  thai  tha  Kra«  U.  bjr   hi*  ncal  oAtt.  houd 


L 


M,  nulMTlMl  .VafNra  Anfi«»,  Ibt. 

■  >.  t*  •  iniirfri  r> 

•m,  m^la.  tat'  in  <> 

-     «.r«    dM     bdb.; 

mrnki  odU.  M.  .1^  •  rr^ 

-..«U-..i>i^ 

Aa  Itw  Ma;  if  •  Mir«.  Ita>  tf^m  d  <li«nWi.  W 

tb  laarf  fMt  amffi  Ik^  lal  ckMy.  ■•  ■>  !>%' 

BfMkx  »l  Uknill,  >•  lk>  rnM  >(  IW>  b«K  r^ 

IU»d  llMt  IW  Kia(  Bvt  Wn  ana 

M  «U  M  hw*;  «■» 

•^  Ktatik  HtiM  Ibnio  _•>>> 

l.nk.M>)Kk. 

b  aal  b  aakU  (ilk  •«_  Ihr  ibn  lal  Ibl  o(  Uaall. 

fcr  il  ia   ri»  li  >wt<. 

1.  a>.r->il.  ,w  .lipitf  i««  » 

«*^         ilil  4i  W  am 

3.  Thanfli  I  ban  fUM  alffla4j  vwy  W«h,  1  ahall  n<ri  la 


1698]  Argument  of  Sir  Robert  Berkeley  193 

a  higher  oontemplation  of  the  fundamental  policy  of  oar  laws : 
which  is  this,  that  the  King  of  mere  right  ought  to  have,  and 
the  people  of  mere  duty  are  bound  to  yield  unto  the  King, 
supply  for  the  defence  of  the  kingdom.  And  when  the  Parlia- 
ment itaelf  doth  grant  supply  in  that  case,  it  is  not  merely  a 
benerolenoe  of  the  people,  but  therein  they  do  an  act  of  joatioe 
and  duty  to  the  King.  I  know  the  most  solemn  form  of  Parlia- 
ment, and  of  the  humble  expression  of  the  Commons,  of  their 
hearty  affection  and  goodwill  to  their  King,  in  tendering  to  him 
their  bills  of  subsidies  or  fifteenths. 

4.  I  confess,  that  by  the  fundamental  law  of  England,  the 
Parliament  is  eommime  concilium  regis  e$  regni,  that  it  is  the 
greatest,  the  most  honourable  and  supreme  court  in  the  kingdom; 
that  no  man  ought  to  think  any  dishonourable  thing  of  it :  yet 
give  me  leave  to  say  that  it  is  but  a  concilium ;  to  say  so  is  no 
dishonour  to  it :  the  King  may  call  it,  prorogue  it,  dissolve  it, 
at  his  pleasure;  and  whatsoever  the  King  doth  therein,  is 
always  to  be  taken  for  just  and  necessary.  We  must  consider 
that  it  is  a  great  body,  moves  slowly ;  sudden  despatches  cannot 
be  expected  in  it.  Besides,  though  the  Parliament  cannot  err, 
parliament-men  may  de  facto ;  every  particular  member  of  the 
House  hath  his  free  voice ;  some  of  them  may  chance  to  make 
scruples,  where  there  is  no  cause ;  it  is  possible  some  of  them 
may  have  sinister  ends;  these  things  breed  delays,  so  they  may 
disturbances. — I  would  to  Qod  the  late  woeful  experience  of 
this  kingdom  had  not  verified  these  speculations.  Yea,  there 
have  been,  in  former  times,  censures  of  Parliaments  themselves : 
the  Good  Parliament^  temp.  £d.  3,  parliameatum  indoctorum, 
temp.  Hen.  4,  and  in  the  same  King*s  time,  if  we  believe  my 
Lord  Coke,  11,  fo.  113,  Brangwit,  id  eet,  the  White-Crow 
Act.  These  matters  are  considerable  in  such  cases  as  ours  is. 
Wherein  apparently  Mora  trahit  periciUum,  and  to  follow  the 
rule,  Festina  lente,  is  most  dangerous. 

5.  The  point  of  retentio  dominii  marie  (which  is  in  the  case) 
is  not  of  an  ordinary  consideration;  for,  besides  the  ancient 
inheritance  and  right  which  the  crown  of  England  hath  in  it,  it 
is  obvious  to  every  judgment,  that  in  the  continuance  or  not 
continuance  of  it  to  the  crown,  not  only  the  bene  esse,  but  even 


124  CoH$hlHiio9ml  DocHmmh  [iM 

th<*  #t««  it«^1f  of  the  commoniroihh  doth  rofi«i«t  ;  ftnH  therrforv 
It  Ikrhnrrth  l)i«*  aulijcrt^  nrrflrrart  to  tb<*  tQitinn  of  it  iloviMft 
ii  nil  ar^iiroent  of  ttuiticlitr.  cr  WAnt  of  that  M>ntiMen^M  of  th» 
dimiriutt'*!!  of  that  riirht  vliich  rverr  tuli;«^  oacht  of  ngbt. 
aud  hath  a  oincr riling  rratoii.  to  prupote  to  hinf^lf. 


23.  Tub  Srorrimi  Natiohal  Vomkwt, 

Tlie  ronfmion  ff  faith  of  the    Kirk  of  (IroflaDd.  ■tihaeribe<t 

At  lint  hy  the  Kine's  MAj«*«tr  and  bit  hooathold  in  the 

y<-Ar  of  (fod   15-^0;  therr^Aer  hy  perioiii  of  all  imski  in 

the  year   i.',Hi.  hy  onlinance  of  t^e  lorda  of  the  atcret 

council,  and  acti   of  the   general    ataembly :    «baeribed 

afrnin  hj  all  aorta  of  |(rr««>n*  in  the  jear  1590.  by  *  M« 

onlinance  of  council,  at  the  deaire  of  the  ffeneral  aaaemblj : 

with  a  ireiieral   band   fur   the   matntenance   of  tha  trot 

reli^i*n.  and  the  Kinp**  |iennn.  and  now  raborribed  in  tho 

}rar  1638.  by  u>  n<  bl''fn*T,  Itan^ni.  ippntlefnen,  liarfMan* 

n«iniitri«.  ami  coinii)>>ni  undrr  ■ubacrihinir:  tOf(ethcr  with 

ciir  reaciliitiifn  ami  |imniiii'f  fir  the  eauiea  aftrr  iiienfied. 

to  m»:ntaiii  thr  aaid  tmr  rrliffion.  ami  the  Kiug'i  Majraty. 

arc.  nlihfT  t<>  tlw  ri>nfe««ion  afore«aid.  and  Acta  of  Farlia* 

ment ;  thr  tenure  whrreof  here  fullowtth. 

\Vp  all.  and  errry  on«-  of  n*  untlrrwrittm,  do  profeat,  that 

after  lotiff  ai'tl  due  eiaminatiun  of  our  own  ron»riencea  in  aattrra 

of  trtir  ami  fnNr  rrli;;i-ii.  ve  are  now  tboiou;:bly  retired  of  thr 

ttutl..  I  y  tie  wiinl  ami  »|iirit  of  (••  d  ;  and  theitf  re  we  believe 

with  our  hf-art^,  onl'^t  with  our  rronth*    •' )»K*ribe  with  fOr 

liAnl*.  ail!  «oii«tantlv  aflliim  Itrffre  ft  ^l  am)  the  whole  worM. 

that  thi*  ••nU  i«  the  true  (  htMtian  faith  and  relii^OD.  picaurg 

tn^l   ai.it  lniik^'iiii;  falvati-'n  t>i  mmii.  vhi' h  n- w  1*  by  the  merry 

of  <M«I   reveal- d  ti*  thr  w-  r!<l   by  thr  prearhinff  of  the  blmi d 

rvai  vcl.  a:  •!    rrrrivnl    )«-iir\r«|.   ami    •'rf«*r.dcii    bT   oiAnT  and 

•uii'li)  II  !ali!c  kill*  ^ml  r--^lni«.  but  rhirfly  by  the  Kirfc  *4 

Sc  tiat-l    tJ.r  Kiii{*  M«:r«»y     ♦■■I  •>rrr  •••ta!»*«  '^f  thi«  iralm. 

aa  (fO'i'a  et*  rnal  ti.tth  auL   utity  gtuuiid  ul  i»iii   »Al%ation;    at 


1698]  The  Scottish  National  Covenant  125 

more  particularly  is  expressed  in  the  coufessiou  of  our  faith, 
established  and  publicly  confiiiued  by  sundry  Acts  of  Par- 
liament; and  now  of  a  long  time  hath  been  openly  professed 
by  the  King's  Majesty,  and  whole  body  of  this  realm,  both 
in  burgh  and  land.  To  the  which  confession  and  form  of  religion 
we  willingly  agree  in  our  consciences  in  all  points,  as  unto  God  e 
undoubted  truth  and  verity,  grounded  only  upon  His  written 
Word ;  and  therefore  we  abhor  and  detest  all  contrary  religion 
and  doctrine,  but  chiefly  all  kind  of  papistiy  in  general  and 
particular  heads,  even  as  they  are  now  damned  and  confuted 
by  the  Word  of  God  and  Kirk  of  Scotland.  But  in  special  we 
detest  and  refuse  the  usurped  autliority  of  that  Boman  Antichrist 
upon  the  Scriptures  of  God,  upon  the  Kirk,  the  ciyU  magistrate, 
and  consciences  of  men;  all  his  tyrannous  laws  made  upon 
indifferent  things  against  our  Christian  liberty;  his  erroneous 
doctrine  against  the  sufficiency  of  the  written  Word,  the  per- 
fection of  the  law,  the  office  of  Christ  and  His  blessed  evangel ; 
hia  corrupted  doctrine  concerning  original  sin,  our  natural 
inability  and  rebellion  to  God's  law,  our  justification  by  faith 
only,  our  imperfect  sanctification  and  obedience  to  the  law, 
the  nature,  number,  and  use  of  the  holy  sacraments ;  his  five 
bastard  sacraments,  with  all  his  rites,  ceremonies,  and  false 
doctrine,  added  to  the  ministration  of  the  true  sacraments, 
without  the  Word  of  God ;  his  cruel  judgments  against  infants 
departing  without  the  sacrament;  his  absolute  necessity  of 
baptism ;  his  blasphemous  opinion  of  transubstantiation  or  real 
presence  of  Christ's  body  in  the  elements,  and  receiving  of  the 
same  by  the  wicked,  or  bodies  of  men ;  his  dispensations,  with 
solemn  oaths,  perjuries,  and  degrees  of  marriage,  forbidden  in 
the  Word;  his  cruelty  against  the  innocent  divorced;  his  devilish 
mass ;  his  blasphemous  priesthood ;  his  profane  sacrifice  for  the 
sins  of  the  dead  and  the  quick ;  his  canonization  of  men,  calling 
upon  angels  or  saints  departed,  worshipping  of  imagery,  relics, 
and  crosses ;  dedicating  of  kirks,  altars,  days,  vows  to  creatures ; 
his  purgatory,  prayers  for  the  dead,  praying  or  speaking  in  a 
strange  language ;  with  his  processions  and  blasphemous  litany, 
and  multitude  of  advocates  or  mediators ;  his  manifold  orders, 
auricular  confession;  his  desperate  and  uncertain  repentance; 
his  general  and  doubtsome  faith;  his  satisfactions  of  men  fSor 


Catuittmiiomat  Documumti 


1 


Ma  Uy  wrriar,  lapliBat  •(  Uli.  •>«»<•(  af  ■pbiK  <raiia>. 

■ril^  MwtaHnf.  n^lwg.  IwlliBiiig  rf  Orf«  |—i  e 

wMk  Uk  ^iiinllirin  lfl»ln  Jdaad  iWnrilli:  ' 

■iW«b;>adwUi4kim<t;:  U>  tina  >bBi 

d  Ua  ihndlv  •<  anW  aaala:  Ui     il    I 

daama  m4a  at  Tian*.  with  all  Iba  lahuitwi  aad  ayyaaiwa 

ar  UM  nd  a>l  Uaady  \tmi  ai^arj  aipiaal  Ika  KM  rf 

8aJ.    Aad  flaalty,  «»  4atal  aO  Ua  aaia  allnialM.  nl«a..  agM^ 

wti  UlMiaia.  InaaU  ia  lb  KM  wiaart  ar  alalia  Ika 

Warf  rf  (M,  ana  dMiiaa  oT  Uila  ma  nCaiai)  Kirt.    Ta 

wUali  •«  jabi  auBlna  •illiailr.  ia  i 

JWliliaa.  aal  Ma  a>  ll»  W;  I 

af  Iha  MBa,  In  Ckrial  anr  bMd.  firmuiaf  aad  aaawbfc  hf 

tta  fnal  nam  aT  tfca  Uwil  ow  Uad,  that  «a  ahail   Tail 

ia  Iha  al«4>aaa  af  Iba  daatriaa  aad  liadpliaa  a<  tUa  KM.  a^ 


tb  ckp  aT aar  Kaa«  aalar  IW  faiaa  iinriit  ia  lb  la».  ad 
dal^v  bUiafhdridiadtalbdvar  Oafi  (mW 
jaitfawl.  Aad  Miag  tbi  mtaf  «a  4ifiad  ap  hf  flalaa  aad 
Ibl  Baaaa  A«liahriM,  la  ynmim,  ammr.  aabofK  aad  lb  • 
tba  aaa  lb  bl;  jua—ali  ia  lb  KM,  ImiWdlT  i 


daak  of  ralifiaa.  la  eaata^  aad  aobaal  aaafally  Oad'a  liaa 
lalifiai  •ilMa  lb  KM :  aad  aKanank  Maa  tim  mtj 
Miaa,  la  beaaw  apm  aaaaiaa  aad  yanaaatata  af  lb  naa, 
•dvaalabratdlb  Fapa'l  llt|ii.liii.  daAad  ataiaal  lb 
Wari  ar  dad.  la  Ui  paal  aairfaiam  ad  tbir  daaUa  aa^ 
iiJiiiriii  ia  lb  day  a(  tb  Lad  iaaaa. 

Wa  tbarfora,  arijliaff  la  tab  away  all  laqilaiw  tl  liy|iaai>ij. 
aad  af  lack  daaUa  dMbiw  with  r.«d  aad  Hto  KM.  pawbrt 
aad  aall  lb  WMufcia  el  all  barti  faa  wtUMB,  Ibl  aar  nlada 
aad  barta  da  Mly  niaa  wiUi  tMa  aar  i  iialijtria,  pia»i».  jlh. 


1638]  The  Scottish  National  Covenant  137 

perceive  that  the  qnietness  and  stability  of  our  religion  and 
Kirk  doth  depend  upon  the  safety  and  good  behaviour  of  the 
King's  Majesty,  as  upon  a  comfortable  instrument  of  Qod's 
mercy  £^nted  to  this  country  for  the  maintenance  of  His  Kirk, 
and  ministration  of  justice  among  us,  we  protest  and  promise 
with  our  hearts  under  the  same  oath,  hand-writ,  and  pains, 
that  we  shall  defend  his  person  and  authority  with  our  goods, 
bodies,  and  lives,  in  the  defence  of  Christ  His  evangel,  liberties 
of  our  country,  ministration  of  justice,  and  punishment  of 
iniquity,  against  all  enemies  within  this  realm  or  without,  as 
we  desire  our  God  to  be  a  strong  and  merciful  defender  to  us  in 
the  day  of  our  death,  and  coming  of  our  Lord  Jesus  Christ ; 
to  Whom,  with  the  Father  and  the  Holy  Spirit,  be  all  honour 
and  glory  eternally. 

Like  as  many  Acts  of  Parliament  not  only  in  general  do 
abrogate,  annul,  and  rescind  all  laws,  statutes,  acts,  consti- 
tutions, canons  civil  or  municipal,  with  all  other  ordinances 
and  practick  penalties  whatsoever,  made  in  prejudice  of  the  true 
religion,  and  professors  thereof,  or  of  the  true  Kirk  discipline, 
jurisdiction,  and  freedom  thereof;  or  in  favours  of  idolatry  and 
superstition ;  or  of  the  papistical  kirk  (as  Act  3.  Act  31.  F^rl.  i. 
Act  33.  Pari.  II.  Act  114.  Pari.  la,  of  K.  James  VI),  that 
papistry  and  superstition  may  be  utterly  suppressed,  according 
to  the  intention  of  the  Acts  of  Parliament  reported  in  Act  5. 
Pari.  30.  K.  James  VL  And  to  that  end  they  ordained  idl 
papists  and  priests  to  be  punished  by  manifold  civil  and  ec- 
clesiastical pains,  as  adversaries  to  God's  true  religion  preached, 
and  by  law  established  within  this  realm  (Act.  34.  ParL  11  • 
K.  James  VI)  as  common  enemies  to  all  Christian  government 
(Act  18.  Pari.  16.  K.  James  VI),  as  rebellers  and  gainstanders 
of  our  Sovereign  Lord's  authority  (Act  47.  Pari.  3.  K.  James 
VI),  and  as  idolaters  (Act  104.  Pari.  7.  K.  James  VI),  but  also 
in  particular  (by  and  attour  the  confession  of  faith)  do  abolish 
and  condemn  the  Pope's  authority  and  jurisdiction  out  of  this 
land,  and  ordains  the  maintainers  thereof  to  be  punished  (Act  a. 
Pari.  I.  Act.  51.  Pari.  3.  Act  106.  Pari.  7.  Act  114.  Pari.  la.  of 
K.  James  VI);  do  condemn  the  Pope's  erroneous  doctnne,  or 
any  other  erroneous  doctrine  repugnant  to  any  of  the  Articles 
of  the  true  and  Chiistiau  religion  publicly  preached,  and  by 


ia8  CoHshiuitomai  DocutHemis  (i^gi 

Uw  e«u)>hiihe«l  iu  thii  reditu,  aiiu  «*r«Uii«»th«  •i>irA«icr»t  r  OMkert 
t>f  bookt  ot  liiirU.  or  Irttrm  or  wtit-  of  tlmt  uaturv,  tobe  |«tUiii»h«il 
(Act  46.  Pari.  J.  Act  to6.  I'ail  7.  Avt  i4.  Pari.  II.  K.  Jama*  VI •; 
tit)  coiitl*  mil  all  l«|>(i»tii  contoriu  t<*  ti«r  r«i|<r  i  kirk,  aixl  tii«> 
idoUtr>  ol  i\w  Maa*;  and  onUini  all  Mi}rri».  mlfal  brarert, 
Aud  coUifalcrs  of  tli€  Mali,  the  maiotait<«r«  aiid  rrartUrt  of 
thr  F*rir*t*>.  Jrauitf,  traflickiiig  Taputa,  tu  be  paoUh««i  vitb^'Ut 
«xcr|)tioii  or  rettrcttoii  (Act  5;.  Tarl.  1.  Act  no  TarL  12.  Act 
164.  Tarl  13.  Act  19  V  Tarl  14  Act.  1  Tarl  19  Art  5.  i*arl  >o 
K  Jamca  VI);  do  cuiidemij  all  rrrutiroui  Ijuukt  ai>d  writa 
contain ing  errourou»  doctrine  a^init  thr  religion  prtatPtly 
|>tufca^e<l«  or  o>ntaining  tuiienttitiout  rigliia  and  ctmooniev 
papifttical.  wlirrrby  the  |»«*ople  are  greatly  abused  ;  am!  oniaifit 
the  borne- br insert  of  tb«*m  to  lie  puninbrd  (Art  15.  Tarl  ii< 
K.  Jamca  VI) ;  do  ooiHlcmn  the  monument*  and  dregt  of  bygooa 
idolatry,  at  going  to  cruaaet,  ol^tmng  tbc  featival  daft  of  aaiiita, 
and  such  otber  iu|«entitiou»  ao<i  papistical  rites,  to  tba  dta- 
honour  of  Ciod,  contempt  of  true  religion,  and  fotiering  of  grrat 
errors  among  the  |>e«)plc.  and  ordains  the  users  of  tbam  lo  be 
puni»be<l  fur  the  second  fault  as  i<lulalen  (Act  104.  Far!.  7. 
K   James  VI). 

I«ike  as  niany  Arts  of  Psrhameot  arc  coneetTsd  for  maio- 
t«*nanca  of  (mmI  11  true  and  C'hrutiao  religion,  and  ibe  p«mljr 
tlierrof  in  doctrine  and  sacrameuta  of  tbe  true  Church  of  God, 
the  liliritv  and  freedom  thereof  io  her  natiocial  sfnodal  aasem- 
bliea.  preth\  tenet,  scauiions,  policy,  disciplint.  and  |unadictioo 
thereof,  as  that  purity  of  religion  and  liberty  of  th«  <littrch  waa 
usod,  piofrs«*e<l.  aierviaed,  preached,  and  coofasaed  aecordiag  lo 
tl^  reformation  of  religion  in  this  realm.  (As  fur  iailAOte: 
Act  99.  Pari  7.  Act  a 3.  Pari  ii.  Act  114.  Tarl.  11.  Act  t6o» 
TarL  13  K.  James  VI.  ratified  by  Act  4  K.  i'harlas.)  8u  thai 
Act  6.  Pari.  I.  and  Act  68  Pari.  6.  of  K.  Jamaa  VI.  id  the 
)ear  of  (tod  1579,  declare*  the  ministers  of  iha  Mnitd  erangel, 
whom  (m^  of  Hi»  mercy  had  raised  up  or  hereafier  shottld  raise, 
agreeing  with  them  tlxat  then  lifed  in  doctrioe  and  adainialra- 
tion  tkf  the  •atraments.  ami  the  |)ef>ple  that  profeeard  i^hrial, 
as  Hr  was  then  offere«l  in  the  evangrl.  aad  doth  communicale 
with  the  holy  sacraments  las  in  the  reformed  Kirks  of  thia 
rrala  they  weie  pfesently  adimnutercd;  acconUof  U>  the  cott* 


1638I  The  Scottish  National  Covenant  129 

feasion  of  faith  to  be  the  true  and  holy  Kirk  of  Christ  Jesas 
within  this  realm,  and  discerns  and  declares  all  and  sundry, 
who  either  gainsays  the  word  of  the  evangel,  received  and 
approved  as   the   heads  of  the   confession  of  faith,  professed 
in  Parliament  in  the  year  of  Qod  1560,  specified  also  in  the 
first  Parliament  of  K.  James  YI,  and  ratified  in  this  present 
Parliament,  more  particularly  do  specify;  or  that  refuses  the 
administration  of  the  holy  sacraments  as  they  were  then  minis- 
trated,  to  be  no  members  of  the  said  Kirk  within  this  realm 
and  true  religion  presently  professed,  so  long  as  they  keep 
themselves  so  divided  from  the  society  of  Christ's  body.    And 
the  subsequent  Act  69.  Pari.  6.  K.  James  YI,  declares  that 
there  is  no  other  face  of  Kirk,  nor  other  face  of  religion  than 
was  presently  at  that  time  by  the  favour  of  Gk)d  established 
within  this  realm,  which  therefore  is  ever  styled  God's  true 
religion,  Christ's  true  religion,  the  true  and  Christian  religion, 
and  a  perfect  religion,  which  by  manifold  Acts  of  Parliament 
all  within  this  realm  are  bound  to  profess  to  subscribe  the 
Articles  thereof,  the  confession  of  faith,  to  recant  all  doctrine 
and  errors  repugnant  to  any  of  the  said  Articles  (Act  4  and  9. 
Pari.  I.  Act  45.  46.  47.  Pari.  3.  Act  71.  Pari.  6.  Act  106.  Pari.  7. 
Act  24.  Pari.  II.  Act  123.  ParL  12.  Act  194  and  197.  Pari.  14 
of  K.  James  YI).     And  all  magistrates,  sheriffs,  &c.,  on  the 
one  part,  art  ordained  to  search,  apprehend,  and  punish  all 
contraveners  (for  instance,  Act  5.  Pari.  i.  Act  104.  Pari.  7. 
Act2  5.  Pari.  II.  K.  James  YI).    And  that,  notwithstanding  of 
the  King's  Majesty's  licences  on  the  contrary,  which  are  dis- 
charged and  declared  to  be  of  no  force,  in  so  far  as  they  tend 
in  any  ways  to  the  prejudice  and  hindrance  of  the  execution 
of  the  Acts  of  Parliament  against  Papists  and  adversaries  of 
the  true  religion  (Act  106.  Pari.  7.  K.  James  YI).     On  the 
other  part,  in  Act  47.  Pari.  3.  K.  James  YI,  it  is  declared 
and  ordained,  seeing  the  cause  of  Qod's  true  religion  and  EUs 
Highness's  authority  are  so  joined  ai  the  hurt  of  the  one  is 
common  to  both ;  and  that  none  shall  be  reputed  as  loyal  and 
faithful  subjects  to  our  Sovereign  Lord  or  his  authority,  but 
be  punishable  as  rebellers  and  gainstanders  of  the  same,  who 
shall  not  give  their  oonfession  and  make  profession  of  the  said 
true  religion ;  and  that  they,  who  after  defection  shall  give  the 


130  CansiitHtionnl  Docnmenh  !tHi 

coufeMion  of  their  faith  uf  nrw.  iheT  %\.%\\  \%T\»n\i^m  to  rontinuc 
thrrrii)  in  tlm«*  coininir.  to  mAtntAin  uur  SiTrrnifn  Lonl  ■ 
authority.  Ami  %X  the  uttemitMit  uf  thrir  pnwrr  lu  fi-rtifv,  Maitt. 
ftiiil  maintain  the  true  pmch<*r*  %iv\  |iritfraM>r»  of  <liri*t  • 
reli^i«>n.  at^mintt  wha(M«rTrr  cDemim  aiiti  gaiiiitani|«*r«  uf  thr 
mnir:  And  nAmrlj.  Afrainit  aII  lurh  c>f  wKaIa-  rver  tuition.  •^lAtr, 
or  (li  ;;rf*r  thrr  )«  i>f  that  hAre  ji<ire<i  t>r  IkmiiM  tliemtrlTr*.  or 
hATr  AA4i*tt4|  f>r  AMii«t4  ti»  Aft  fi^rwApi  An<l  rv'cute  thf  rnirl 
(IrCft  r*  I  if  Trent,  cnntrarT  t^t  thr  prra*  ht-n  An  I  tni#  |>rt  fr«N>r« 
of  thr  Wmil  t*f  tiiM).  mhirh  ia  rr|>eAtt«l  vuni  hy  whpI  id  the 
Arti(-lr«tif  rArit*(i-.ttMii  At  IVrth.the  jjniof  Frl>..  1^,71  A|>priiTeil 
liv  rarliAnirnt  thf  lant  uf  .\|inl  i',73.  rAtifiitl  in  i'«rliAiiieBt 
t;»7N.  anil  rrlat«ii  Art  I  Jj  TArl.  ij.  <>f  K.  JAinn  VI,  with  thia 
a^ltiition.  thAt  th«*j  Air  U  uiM  to  rraist  all  trM»iiiabIe  upr«An 
ami  hofetihtiri  raided  atfaii.ft  the  true  rrligiou.  tbt  Kiog't 
Majo-ty  auii  the  true  prnfe^-ori. 

Like  aa  al!  \'w^r%  arr  U.un<l  to  maintain  thr  Kind's  Majr*tj*t 
royal  |h  rion  ami  authority,  the  authority  of  rarliamrnta.  without 
which  urithrr  any  law*  or  law  fell  ja«iicatoriffl  can  l«  eftahliihed 
(Act  tj^o.  Act  ijt  I'arl.  ^.  K.  Jamr*  VI).  and  th«*  aubjecta' 
lilmtirr  wh^t  t>itu*i>t  ^nly  to  IiTt*  ai.J  he  ff'tvemeii  )»y  the  KiD^'t 
lawa.  th«*  ninniuii  lawn  1  f  thia  rralm  allanrrly  (Act  48-  I'arl.  j. 
K  Jaiiira  I.  Act  7«^  Tnrl.  6  K.  Jamra  VI.  re|(ratc«l  io  Act  131. 
I'arl  H  K  Jamea  VI 1.  which  if  thry  he  iniKi\atr«!  or  |irejud|rMl 
thr  oi-i  iiii«hi«in  anent  the  uui-'D  of  the  two  kinirdouM  o!  S<o(- 
lanil  an<l  Kn^'laml.  which  ia  thr  ahIc  A'*t  uf  17  Tail.  Jauea  VI, 
cleclan't  inch  confutinn  wnuhi  ri.sue  ai  thia  realm  couM  he  no 
more  a  free  monarchr .  hicauae  hv  the  fun<lamrntAl  Iaw»,  ancient 
pitrileiTi-a.  officm.  aii'l  lihrrtir*  of  thia  ktn«;ilom,  not  only  \hm 
|rini-«]y  auth*  rity  of  Ilia  Majeaty'a  royal  decent  bath  IvoeD 
t).r«.  II  ai.y  ak'i'*  maii.tainrd.  nlao  thr  |«4iptr'a  aecunty  if  their 
lAii'i^.  !i\iii:».  lu'litfi  ofllicrf.  libirtira  and  ilipniitie*  prracr^ni. 
Atiil  th>*r<  f>Te  tor  thi  |*rt  •rrration  (•!  th«  aaid  tm*  rrlifpcn.  Uwa 
ai.tl  IiUniia  «f  thi  kincrlim.  it  it  atatate  hy  Act  b.  I'ail  1 
tri-rutrd  it;  A^  t  gg.  ri»rl  7  ratitievl  in  Act  jj  l*arl.  II  aMi  14 
At*  tif  K  .Uiiira  VI  bmI  4  Act  of  K.  t'karlrt  that  all  King* 
ai.'l  I'm. era  at  thrir  c«<rDiuti<tii  and  rece|iti«4i  of  tbrir  )  rinccl/ 
auth-'iity.  ahall  makr  thrir  (a  thful  |)r>>miae  by  thrir  »!ema 
Mth  in  the  prraence  of  the  F.temal  Clod,  that  dnnnv  the  whuW 


1638]  The  Scottish  National  Covenant  131 

time  of  their  lives  they  shall  serve  the  same  Eternal  Gkxl  to  the 
utmost  of  their  power,  according  as  He  hath  required  in  His 
most  Holy  Word,  contained  in  the  Old  and  New  Testaments, 
and  according  to  the  same  Word  shall  maintain  the  true  religion 
of  Christ  Jesus,  the  preaching  of  His  Holy  Word,  the  due  and 
right  ministration  of  the  sacraments  now  received  and  preached 
within  this  realm  (according  to  the  confession  of  faith  immedi- 
ately preceding) ;  and  shall  abolish  and  gainstand  all  false 
religion  contrary  to  the  same ;  and  shall  rule  the  people  com- 
mitted to  their  charge  according  to  the  will  and  commandment 
of  God  revealed  in  His  foresaid  Word,  and  according  to  the 
lowable  laws  and  constitutions  received  in  this  realm,  no  ways 
repugnant  to  the  said  will  of  the  Eternal  God ;  and  shall  pro- 
cure to  the  utmost  of  their  power,  to  the  Kirk  of  God,  and  whole 
Christian  people,  true  and  perfect  peace  in  all  time  coming; 
and  that  they  shall  be  careful  to  root  out  of  their  Empire  all 
heretics  and  enemies  to  the  true  worship  of  God,  who  shall  be 
convicted  by  the  true  Kirk  of  Gk)d  of  the  aforesaid  crimes. 
Which  was  also  observed  by  His  Majesty  at  his  Coronation  in 
Edinburgh,  1633,  as  may  be  seen  in  the  Order  of  the  Coronation. 
In  obedience  to  the  commands  of  QoA,,  conform  to  the  prac- 
tice of  the  godly  in  former  times,  and  according  to  the  laudable 
example  of  our  worthy  and  religious  progenitors,  and  of  many 
yet  living  amongst  us,  which  was  warranted  also  by  act  of 
council,  commanding  a  general  band  to  be  made  and  subscribed 
by  His  Majesty's  subjects  of  all  ranks  for  two  causes :  one  was, 
for  defending  the  true  religion,  as  it  was  then  reformed,  and  is 
expressed  in  the  confession  of  faith  above  written,  and  a  former 
large  confession  established  by  sundry  acts  of  lawful  general 
assemblies  and  of  Parliament,  unto  which  it  hath  relation,  set 
down  in  public  catechisms,  and  which  had  been  for  many  years 
with  a  blessing  from  heaven  preached  and  professed  in  this  Kirk 
and  kingdom,  as  God's  undoubted  truth  grounded  only  upon 
His  written  Word.  The  other  cause  was  for  maintaining  the 
King's  Majesty,  his  person  and  estate ;  the  true  worship  of  God 
and  the  King's  authority  being  so  stndtly  joined,  as  that  they 
had  the  same  friends  and  common  enemies,  and  did  stand  and 
fietll  together.  And  finally,  being  convinced  in  our  minds,  and 
confessing  with  our  mouths,  that  the  present  and  succeeding 

K  a 


CoHM/itutiimat  Oocummts 


1 


oBMu  m4v  MlwriUiW,  HMUarfav  4hwi  tiMi  Ufan,  wi 

flf  tW  EiM**  hwMir,  a>a  of  tW  p«Ul«  pan  if  lb  tinli^ 
b^tka  BMUfsU  famnwIfaM  urf  «rili  fMMrallr  aMt^Md  wmi 
rutiMkri;  MMtiMrf  is  Mr  kto  MpfUatiMi,  MB|liilal^ 
I.  *o  fcwty  fPiliii.  — d  hrfbw  Owl,  Bk  ^pib 


i«n*  «i«J  rvol**  all  Um  tkyi  af  o«r  lifc  iMMtally  to  nftw* 
ttBto  aad  to  defood  tka  ifcrwiU  trat  raligioa,  tod  hdwtriig 
tW  pnotiw  rf  all  BOTMlUn  uirmdj  iatnimati  ia  tka  — titw 
■ItU  —rAtpaf  QoJ.  «r  »pffrg>tla>rftU  ■wwyHiMi  ol  llto 
p«Uk  MiwiBl  of  tW  Kiffe.  ar  cMl  ptow  aad  pnw  gf 
ilifcwu.  liU  tlM7  U  trWd  uid  alWad  to  hm  aMnaUia  mJ 
to  NriJMwwto.  to  tobovr  hy  all  muu  kvM  to  nwtw  tha 
puil7  aad  Utorrtj  of  (ba  Oo^  aa  il  vm  M«>yiihtH  ami  piw 


I  ■■iliiifctiJIj  Ultow  Ifat 
Ik*  laMvatiaM  tad  «Tik  aoal^aad  i«  Mr  wpfBlfaM,  aiM- 
pktoli^  aad  pntoitotleM  kfa  M  «M«ul  af  IW  Wflid  of  Oad, 
mocuilvary  to  tW  Mtfelaa  of  Ika  afcwaiM  nnafcidM^  to  ll» 
htoMiM  a»d  ■MMJir  af  IW  Uaaad  wfor— «  itf  nUgfM  to 
lUa  la«d.  to  Um  akMa-vrittM  Asta  af  FafliiBHl,  «^  fc 
iMiMy  iMd  to  Aa  n  wtoMbhtof  «l  U»  papiifc  nigiM  a«d 
tTnaay,  and  to  Iba  MbffWMM  aad  ran  of  tW  bva  nA««ad 
nfigtan.  Mid  of  «Br  HUrttoi,  towa  and  aaUAaa ;  wa  alw  4m1m* 
UmI  tU  atorwud  aMlMtoM  an  to  ba  totaryntod,  wd  o^ft 
to  ba  nwtonlMd  of  Um  ttanmii  MraltoM  aad  wwi^  •»  laa 
IbM  irmfroMortbaMbdlMBnpc^idto 


■nl  Ibwitri  tnm  Iba  bsMrtodfa  aad  WMdMBa  of  Mr  da^ 
to  Ood,  to  Mr  Kb^  wd  oaaatrjr.  vttbaat  a«]r  worldly  nnfMl 
>r  IndBdaawl  m  hr  m  b«aM  iainaitj  «iU  laflir.  vU^ 

'      ••  ...       ^  .»     ..       ^T        -,,^  ^  ^,, 

aad  marbjtba  |nat  avMaf  tba  Lori  mt  Ood,  to  aaaUMa 
ia  lh»  1 1  iliiiti  II  Md  ahadteaoa  af  Iha  afiiMiiil  laltfaaj  iW 


1638]  The  Scottish  National  Covenant  133 

we  shall  defend  the  same,  and  resist  all  these  contrary  errors 
and  conniptions  according  to  oar  vocation,  and  to  the  utmost 
of  that  power  that  Gk>d  hath  put  into  our  hands,  all  the  days  of 
our  life.  And  in  like  manner,  with  the  same  heart  we  declare 
before  Qod  and  men,  that  we  have  no  intention  or  desire  to 
attempt  anything  that  may  turn  to  the  dishonour  of  God  or  the 
diminution  of  tiie  King's  greatness  and  authority;  but  on 
the  contrary  we  promise  and  swear  that  we  shall  to  the  utmost 
of  our  power,  with  our  means  and  lives,  stand  to  the  defence 
of  our  dread  Sovereign  the  King's  Majesty,  his  person  and 
authority,  in  the  defence  and  preservation  of  the  aforesaid  true 
religion,  liberties  and  laws  of  the  kingdom;  as  also  to  the 
mutual  defence  and  assistance  every  one  of  us  of  another,  in  the 
same  cause  of  maintaining  the  true  religion  and  His  Majesty's 
authority,  with  our  best  counsels,  our  bodies,  means  and  whole 
power,  against  all  sorts  of  persons  whatsoever ;  so  that  what- 
soever shall  be  done  to  the  least  of  us  for  that  cause  shall  be 
taken  as  done  to  us  all  in  general,  and  to  every  one  of  us  in 
particular ;  and  that  we  shall  neither  directly  or  indirectly  suffer 
ourselves  to  be  divided  or  withdrawn  by  whatsoever  suggestion, 
combination,  allurement  or  terror  from  this  blessed  and  loyal 
conjunction ;  nor  shall  cast  in  any  let  or  impediment  that  may 
stay  or  hinder  any  such  resolution  as  by  common  consent  shall 
be  found  to  conduce  for  so  good  ends;  but  on  the  contrary 
shall  by  all  lawful  means  labour  to  further  and  promote  the 
same ;  and  if  any  such  dangerous  and  divisive  motion  be  made 
to  us  by  word  or  writ,  we  and  every  one  of  us  shall  either 
suppress  it  or  (if  need  be)  shall  incontinently  make  the  same 
known,  that  it  may  be  timously  obviated.  Neither  do  we  fear 
the  foul  aspersions  of  rebellion,  combination  or  what  else  our 
adversaries  from  their  craft  and  malice  would  put  upon  us, 
seeing  what  we  do  is  so  well  warranted,  and  ariseth  from  an 
unfeigned  desire  to  maintain  the  true  worship  of  Qod,  the 
majesty  of  our  King,  and  the  peace  of  the  kiugdom,  for  the 
common  happiness  of  ourselves  and  posterity.  And  because 
we  cannot  look  ior  a  blessing  from  Qod  upon  our  proceedings, 
except  with  our  profession  and  subscription,  we  join  such  a  life 
and  conversation  as  beseemeth  Christians  who  have  renewed 
their  covenant  with  Qod ;  we  therefore  fidthfully  promise,  for 


134  CamshtHi%amal  Documumis  ii««» 

••urBrlm,  our  follow^ri,  ami  all  oChrr  uii«lcr  u«.  UiUi  in  puhlic, 
in  our  |iarticular  faniiliea  Ati«l  |M*rttrtiAl  carriaiTP.  to  ei.«lraTovr 
to  k^p  uur«i*Ur«  within  the  IjouihU  of  t'hnitiau  lil«itr.  aixl  to 
be  pwd  riAOiplri  to  otlirn  of  all  ffiMliur**.  iM>lirtii'*«a  and 
ri(;lit«>iuii«-M.  anc)  of  «vrry  tluty  ve  owr  t<i  iUA  Ami  man ; 
and  titat  tbii  our  union  an«l  conjunct  ion  may  be  ol»««rvr<l  wit  boat 
violation  we  call  tb^  living  <tucl,  tbf  ■rArrbrr  of  c*nr  liaarts  to 
witorsis  m  lid  knowrtb  tb:i  to  \m  our  tincrre  ilr^irr  and  unfriirncd 
rriolution.  aa  w<*  »ball  aiiswar  to  Jmui  Cliriiit  in  the  pri^t  d*j» 
and  undrr  tbr  |iain  of  (tod'a  uTarlaatiiiK  wrath,  ai^i  of  infamy, 
and  of  lofti  of  all  honuur  and  rnprct  in  tbii  world;  nio«t  humbly 
U-wrchin^f  the  liord  to  itrengtlien  ui  liv  Hip  Holy  S|iirii  for 
thin  rnil.  and  to  MeM  our  drtim  and  |irocrfilingii  with  a  bap|iy 
pnc«'v*ji,  tliat  rrliffion  and  riffbUimtiiMa  may  flounah  in  Ibr  land, 
to  1  lie  k1(*0'  ^*^  ^^'  ^^*  honour  uC  our  King,  and  pracr  mad 
colli  fort  of  UI  all. 

In  wit  neat  wherrof  wa  have  auLaciibcd  with  our  haoda  all 
the  prrmiica,  Ac. 


24.    rcTiiii».\  d  TwKivK  rr.Eai»  roa  tiir  BrMiiii9ii!iu  or  a 

NKW  raaLiAMiM. 

;  Au|;x^i  j^,  1640      >uir  r*|i«r«,  4  tutflM  I.  |k»cb««iM.  oeodiv.  16. 

>*<r  U\H.  of  >.*«yl    II.  \^)] 

Tfi  tlir  Kiiifc'i  Mo-t  Kicellrnt  M«jc«ty. 
TKf  k»tn^4*  /Vlifi'fi  of  ymr  Mnjimy  riioti  h.yil  aiyi  o^Mii^nl 

thrfnsfh^$$  ami  tUrrrt  oihert. 

Mi«t  (f runout  Siverrign. 

Ttii  ftcnftc  iif  that  duty  and  trrvic*  which  w^  owe  to  yo«r 
Satird  Majr*ty,  and  our  cariKst  atTrcti««n  to  thr  g^HMl  and 
wrlfar'*  of  tin*  ynur  rralm  nt  Kntflan*i,  havr  movant  at  in  all 
Kunnlity  X**  \te»rr<\i  y«  ur  Ki>yal  ]lAj«»ty  to  i;iv<*  ua  l*avr  to  offtr 
utito  your  |iriii«rlT  wt»«l'iu  the  a||>rfhrnti><n  whith  wa  and 
•  thcr  your  faithful  ■uljecti  have*  (itucnvni  of  the  grrat  di^ 
t«  in|«*r«  ai.d  dan;:«-r«  ii«iw  threatening  thr  < 'hurch  and  State 
an>l  ynur  Ktiyal  )«rBou.  and  tb«  I'lttaat  maani  by  which  tht&j 
may  b«  rtmovcd  and  prvvaatod. 


1640]  Petition  of  Twelve  Peers  135 

The  evili  and  dangers  whereof  your  Ifajesty  may  be  pleased 
to  take  notice  are  these : 

That  your  Majesty's  sacred  person  is  exposed  to  hazard  and 
danger  in  the  present  expedition  against  the  Scottish  army, 
and  by  occasion  of  this  war  your  reyenue  is  much  wasted,  your 
subjects  burdened  with  coat-and-conduct-money,  billeting  of 
soldiers,  and  other  military  charges,  and  divers  rapines  and 
disorders  committed  in  several  parts  in  this  your  realm,  by  the 
soldiers  raised  for  that  service,  and  your  whole  kingdom  become 
full  of  fear  and  discontents. 

The  sundry  innovations  in  matters  of  religion,  the  oath  and 
canons  lately  imposed  upon  the  clergy  and  other  your  Majesty's 
subjects. 

The  great  increase  of  Popery,  and  employing  of  Popish  Re- 
cusants, and  others  ill-affected  to  the  religion  by  law  established 
in  places  of  power  and  trust,  especially  in  commanding  of  men 
and  arms  both  in  the  field  and  in  sundry  counties  of  this  your 
realm,  whereas  by  the  laws  they  are  not  permitted  to  have 
arms  in  their  own  houses. 

The  great  mischiefs  which  may  fall  upon  this  kingdom  if  the 
intentions  which  have  been  credibly  reported,  of  bringing  in 
Irish  and  foreign  forces,  shall  take  effect. 

The  urging  of  ship-money,  and  prosecution  of  some  sheriffs 
in  the  Star  Chamber  for  not  levying  of  it. 

The  heavy  charges  of  merchandise  to  the  discouragement  of 
trade,  the  multitude  of  monopolies,  and  other  patents,  whereby 
the  commodities  and  maiiuflBtctures  of  the  kingdom  are  much 
burthened,  to  the  great  and  universal  grievance  of  your  people. 

The  great  grief  of  your  subjects  by  the  long  intermission  of 
Parliaments,  in  the  late  and  former  dissolving  of  such  as  have 
been  called,  without  the  hoped  effects  which  otherwise  they 
might  have  procured. 

For  remedy  whereof,  and  prevention  of  the  dangers  that  may 
ensue  to  your  royal  person  and  to  the  whole  state,  they  do  in  all 
humility  and  faithfulness  beseech  your  most  Excellent  Majesty 
that  you  would  be  pleased  to  summon  a  Parliament  within  some 
short  and  convenient  time,  whereby  the  causes  of  these  and  other 
great  grievances  which  your  people  lie  under  may  be  taken 
away,  and  the  authors  and  counsellors  of  them  may  be  thera 


136  CoHstihihomaJ  Docummis 

faronghl  to  luch  l«|(al  tnal  mkI  cot;'lign  puniihoieDt  m  Um  natm 
of  Um*  tPYrral  offpiicrfl  ihiill  rMjuirr,  aD«l  tlut  the  prMriit  war 
mAj  be  conipnMd  bj  voar  MAJrttr'i  wiMiom  vithuut  bluodabMl. 
in  lUch  manDer  m  maj  conduce  to  the  hnonur  and  Mfety  of  four 
llaj«*«tj'i  |vr«i>n.  the  comfort r  of  yoiir  |>e«»ple,  and  the  uniting 
of  Iwth  of  your  real  mi  ai^aintt  the  rommon  enemifa  of  iha 
refumiad  rrligiuD.  And  juar  MajMty'i  pctitiooen  thall  crer 
pimy,  *c. 

Rutland.  Ilolingbroke. 

Fra  Bedford.  lIulgraTe. 

W.  Uertfiird.  W  Say  and  Stki 

Rob  Yjmfx.  Rob.  Brooke. 

Eieur.  K.  MandeTilU  *. 

Wai^ick.  Ed.  Howard  (of  Eacrick )  * 


25.  The  Ktvo't  Wait  nmcMosrmo  tub  (fBiAT  Council. 

ISeptomUr  ;.  1640     Kotkvtirtli.  lii.  1157.    Hm  Hwtf  rf  K%$1.  it.  Ml.] 

Rex  lUrcrvndiuimd  in  i*hnito  l*atri  ar  fideli  eontiliario  oottro 
Willie  I  mi  I  eadi-m  gratia  i  *aiituar.  Arrlitepiic«>po.  totiui  Att;;liae 
primati  rt  Mrtro|MiIitaiio  saJulem  (juia  aufier  fiuibunlam  arduia 
et  urgent iiaim in  negutiii  mia  et  Regui  noitrt  ttatum  t'orunac<|u« 
nofttrae  Jura  ipertAliter  concementibui  Yiil>i«cum  et  cam  aliit 
lYaeUti*.  Mauiiattbup  rt  rrxK-rribui  ipaius  Regiii  apud  cintatem 
iioatmm  Ktiof  die  Juvin,  J4  dir  iii*tAnti«  meii»is  Scptrubna 
rolliN^uium  bal>err  Tfiluinu*et  tnctatuni.%'>bi*  iii  fidr  et  <lilerti<<ne 
4uibu»  nubia  tenemini  finuitt-r  iiijuniriniua  ft  man>Umua,  qa^d 
eesMnte  e&ruNitiitne  i|uat-uiit{ue,  ilirtii  die  et  loco  |icri>ina]itar 
iuti-i»itio  linhiK-um  et  cum  rrar!.iti«.  Ma<riiati)Mi4  et  rrocehhaa 
prae«lu-tii  in  per  ilirtia  uef;i>tii>  trartaturi  Teftruiip|ue  conailiam 
imiM-iiPiiri.  1 1  \\*<  puut  t.i^  rt  lionormi  rifjttnirti  a«-  tran<|ui!Iitatrm 
rej^-iii  h«>«tTi  j<]riumi|ue  ii«^tr'niin  prae^lictuium  diligitia,  nallft* 
tei»u»  t'K.ittati*.     Tente  rtf.  7  S-pt. 

'    I  ftriin  K  r:Ui*,|.  r   -n  K:t    wr.  r  ^-Ki 

*  1:c  ■.^-r  mA  :r««  «a  h'fv  ^itrr.  %X9  b  •!  'it-t  t^«  r«4TM>t  B««.  %»  Um  t^'^J 
oa  ml.  ■>.  tK«^  »|  ;«-«r  K*«  ft  IV  t«  •  i.  :l  in  .N.. ;.  *%»'%  L*i.-'.  <  itbar  cu^iW 
viih  ft  •!  ff^rvtii  wt  r  ■.^.Ai':rr«  mmr*  in  cirrul^ii  a.  &•  4  «ht<h.  oaiAia* 
ia^'  ••«rr»;  »rT<if«.  ft|-f4«f«  '  I  Kjthw  r.h.  .li  ib«  t^^-nftfjiM  ar»  anftiunid 
about  tK«  pa|«r,  1  luv«  idaaad  Ihaoi  la  ovtW  of 


PART  III 

FROM  THE  MEETING  OF  THE  LONG  PARLIAMENT  TO 
THE   OUTBREAK  OF  THE  CIVIL  WAR. 

26.  The  Root  akd  Bbakch  Petition. 

[December  ii,  1640.    Rmhworihi  iy.  93.    See  Higt,  0/ Sng,  iz.  347.] 

To  the  Right  Honourable  the  Commons  House  of 

Parliament. 

The  humble  Petition  of  many  of  His  Majesty's  subjects  in 
and-  about  the  City  of  London^  and  several  Counties  of 
the  Kingdom, 

Sheweth, 

That  whereas  the  government  of  archbishops  and  lord  bishops, 
deans  and  archdeacons,  &c.,  with  their  courts  and  ministrations 
in  them,  have  proved  prejudicial  and  very  dangerous  both  to 
the  Church  and  Commonwealth,  they  themselves  having  formerly 
held  that  they  have  their  jurisdiction  or  authority  of  human 
authority,  till  of  these  later  times,  being  farther  pressed  about 
the  unlawfulness,  that  they  have  claimed  their  calling  imme- 
diately from  the  Lord  Jesus  Christ,  which  is  against  the  laws 
of  this  kingdom,  and  derogatory  to  His  Majesty  and  his  state 
royal.  And  whereas  the  said  government  is  found  by  woeful 
experience  to  be  a  main  cause  and  occasion  of  many  foul  evils, 
pressures  and  grievances  of  a  very  high  nature  unto  His  Majesty's 
subjects  in  their  own  consciences,  liberties  and  estates,  as  in 
a  schedule  of  particulars  hereunto  annexed  may  in  part  appear : 

We  therefore  most  humbly  pray,  and  beseech  this  honourable 


I3S  ConsHhUtOHal  Documemb  [i^to 


lably,  X\\m  |irraiiM«  cuiuiil«*re«l.  tb*t  the  Mid  |{QT<»mni«nt, 
with  all  itH  (le|M*nfUncirfi,  hm^u  aihI  lirmnchM,  tii»y  \m  aUilithed, 
Mid  nil  1a wt  ill  their  lirhAlf  inA«le  vkhI.  %t\*\  the  ifuvernnietit 
ftcci>nling  ti>  Wmri  Wonl  nuj  br  ri^htU  plftcc<l  amoiiipt  u» 
and  mm  }-f.ur  hunihlr  ■uiipliantt.  m  in  (liity  we  are  luuiid. 
will  dally  prmr  for  His  Mftjeatj'i  Iuok  and  happj  n-i|(n  over 
ua.  ftu«l  for  the  prMpcrxiui  succcm  of  this  high  uid  hobuufAbU 
Cuurt  uf  rarliAiDctit. 


A    I'anirufftr  of  tkt  tmani/uU  mf%U.  grrtsmtru,  and  yn#rwMrw« 
cauafd,  prmriistii  amd  oec«fWfi#rf  Ay  tk$  Prdaiu  omd  ikmr 

t.  Tlie  tubjcctiug  aikI  enthnlling  all  miuifltrri  under  them 
aiitl  thrir  authority,  ami  m  by  deipiMa  exempt lug  them  from 
thr  teiii|>onil  |w>wer  ;  whenc«  ftilUiwt, 

J.  The  faiut-hraitf*iliif'H«  of  niiuift^ri  to  prr«ch  the  truth  of 
<iii<l,  left  thry  •IhiiiM  di^pNa^r  the  prrlatca;  at  namely.  th« 
d«H*trihe  of  iufHlcatiiiatioi).  of  fr«e  grace,  of  prrwTermtire.  of 
on^'iiial  tin  ri'miiiiiink'  aft«*r  IwipCiam,  c>f  the  AaMiath,  the  dix*trii«e 
ak'«iu»t  universal  k'^***-'^.  •"iectimi  f>>r  faith  forrwen,  frre-«ill 
af;iiii>«t  uiitichriit.  iimi-rttidenta,  human  inTentiooa  in  (Mid't 
woflitp;  nil  whirh  an*  generally  withhrM  frum  the  people*! 
kiiouli-«|^r.  )M'i.iti<r  iifit  rrlmhint;  to  the  biihit|«. 

\  llii*  eiiCoiiLi^'t-niriit  uf  miiitkten  to  dr«piae  the  temporal 
nLi^i^trary.  the  noble*  and  gentry  of  tite  land  ,  to  abuer  the 
■ubj«t-tB,  and  lire  (tintriitiouily  with  their  nrighUturv.  Iin«>wing 
that  they.  I^nitf  the  liiihop»'  crraturef.  tliall  be  lupfMirtrd 

4  Tlir  n-st taint  uf  many  g-^lW  and  able  men  fmm  tlie 
tnii.iiitrv.  and  t bruiting  out  of  many  cunirrrgationi  tlieir  faith* 
ful.  dili^'i-nt.  «intl  |- wrrfiil  niiniiterv.  wb«»  lired  peaceably  with 
i)>*iu.  Aiil  ilid  th-m  ^'ixl.  only  lieraa»e  tliry  cant^  in  ron- 
a<-iti.t-r  -ul'U.tt  unto  an-l  mail. tain  tlic  biAbo|«'  needlMB  drvur«. 
i.m\.  •>•  rm-tiiur*  fur  utt  «'ther  cauac  but  for  tbeir  teal  in 
preAi  ).i:ik',  (»t    grrat   audit  tinea 

fi  T!ir  puj)irei*ing  o!  that  godly  draign  set  nn  f>«-t  by 
(^rt.iii«  aainta  ami  >i;i:»re*l  with  many  grrat  ff*fi»  by  sundry 
w«!i  attiiti'l  |«r*«»n«  fur  thr  Ituyiug  of  imprvpriationa.  ainl 
plac  in^'  of  able  ministers  in  them,  n^aintaining  of  lectures,  and 
fuuiidiiig  o(  free  aihoub,  which  the  prslatee  eoold  not  eodart* 


id4o]  The  Root  and  Branch  Petthon  139 

lest  it  should  darken  their  glories,  and  draw  the  ministers  from 
their  dependence  upon  them. 

6.  The  great  increase  of  idle,  lewd  and  dissolute,  ignorant 
and  erroneous  men  in  the  ministry,  which  swarm  like  the 
locusts  of  Egypt  over  the  whole  kingdom ;  and  will  they  but 
wear  a  canonical  coat,  a  surplice,  a  hood,  bow  at  the  name 
of  Jesus,  and  be  zealous  of  superstitious  ceremonies,  they  may 
live  as  they  list,  confront  whom  they  please,  preach  and  vent 
what  errors  they  will,  and  neglect  preaching  at  their  pleasui'es 
without  control. 

7.  The  discouragement  of  many  from  bringing  up  their 
children  in  learning;  the  many  schisms,  errors,  and  strange 
opinions  which  are  in  the  Church;  great  corruptionB  which 
are  in  the  Universities;  the  gross  and  lamentable  ignorance 
almost  everywhere  among  the  people;  the  want  of  preaching 
ministers  in  very  many  places  both  of  England  and  Wales; 
the  loathing  of  the  ministry,  and  the  general  defection  to  all 
manner  of  profaneness. 

8.  The  swarming  of  lascivious,  idle,  and  unprofitable  books 
and  pamphlets,  play-books  and  ballads ;  as  namely,  Ovid's  '  Fits 
of  Love,'  '  The  Parliament  of  Women,'  which  came  out  at  the 
dissolving  of  the  last  Parliament;  Bams's  'Poems,'  Parker's  'Bal- 
lads,' in  disgrace  of  religion,  to  the  increase  of  all  vice,  and  with- 
drawing of  people  from  reading,  studying,  and  hearing  the  Word 
of  Qod,  and  other  good  books. 

9.  The  hindering  of  godly  books  to  be  printed,  the  blotting 
out  or  perverting  those  which  they  Buffer,  all  or  most  of  that 
which  strikes  either  at  Popery  or  Arminianism;  the  adding 
of  what  or  where  pleaseth  them,  and  the  restraint  of  reprinting 
books  formerly  licensed,  without  relicensing. 

10.  The  publishing  and  venting  of  Popish,  Arminian,  and 
other  dangerous  books  and  tenets;  as  namely, '  That  the  Church 
of  Rome  is  a  true  Church,  and  in  the  worst  times  never  erred 
in  fundamentals ; '  '  that  the  subjects  have  no  propriety  in  their 
estates,  but  that  the  King  may  take  from  them  what  he  pleaseth ;' 
'  that  all  is  the  King's,  and  that  he  is  bound  by  no  law ; '  and 
many  other,  from  the  former  whereof  hath  sprung, 

11.  The  growth  of  Popery  and  increase  of  Papists,  Priests 
and  Jesuits  in  sundry  places,  but  especially  about  London  since 


ConsHtuHomml  Donamtmh 


1 


pialmtkalfc  i^nm  lad  priated.  i^  iht  plMiaf  if  Hwh 


ti.  1W  ■■UilMl*  of  ■MWfolUi  Ml  !•**■*••  dnwlac  «Hk 


i|.  MoTMrar,  tb«  oSmi  Mid  jnriidktWM  af  u«UMBfNk 

gmwHi.  lAU  ii  i»  tU  llMBiik  dnnh.  wd  »Udi  «m 
»  I^Mi  ia  tiM  Um  of  r»r«7.  Uttb  •ha^*  AmiI  Wi« 
■■at  (oMp*  wljr  tbt  ImU  frM  whnM  li  «h  temd).  IW 
■M  wfUMMa  Hppwtlof  tka  Pap  «Udi  d*  apUU  tha  |n> 
kt«,  ud  •mcthrawiMf  tW  pnklM,  vhUi  dv  pOl  dMn  tW 
I^;  uiaallMrBil«BMlGhmeUi,kTbf  vpMtWri^fMliM 
vf  tU  Pbpa  cMl  th*  p««hlN  Mt  aho  M  BMOibwa  •(  tlw  fa«iL 
H«KS  II  w  tWt  Um  prihli  hm  b  aiylnd.  by  UiimiIiii  ar 
iWr  diMtipU,  plaad  ud  aMiatm  Uiri  tha  Rija  ia  aal  Aali* 
(Mm,  ud  that  lUChutfcorBoM  te  a  tna  OhvA  k«k 
■at  arwd  la  fiwilianalal  paiwta. aad  thai  »l»»tiu  la  »la<a*Wi 
latkat  nligian,aMl  UMnrfm  kma  nambad  to  pnr  far  lU 
•utwaiM  of  oar  Bffvcialfa   Udy  tba  ()M«a.     Huaa  alw 


14-  TiM  «i 

inwaawil  ti  war  Cknth  bi  tW  Orafak  af  BaMv  ta 

paalasMiMm 

laabaU  and  Iba  kwa-alaaraa,  Um  fcai  ^uiwiad  ttf,  Iba  aapa 

awl  awpliaa,  tba  Up|>al,  tW  boad.  ud  tba  wawiiwl  aaal;  tba 

pBl|te.  ehtbad,  m^»6ai\j  nov  of  Ula^  «itb  tba  JaaaHa'  hadr 


ig.  tW  iteMli^  «p  al  MMa  Ptiti  and  at  lla  wa  JJaf  af 
tba  Ooipal,  pnjiaf  towarda  tba  Eut,  tba  howiaff  at  tb*  mmm 
of  Jata*,  tba  bewi^  la  tha  altar  lowiida  tba  bal,  ctua  ta 


16.  Tba  taral^  of  tba  Owwirn  lalli  aUaiHtiaa^  wMim^ 
laagaa,  ndftsa,  aad  aawaUa  anar  tbas,  aad  topm  and  baaba 
•fu  tbiaa.  aad  bawiaf  «r  adari^  la  m  bate*  tbaa;  tba 
fwiteff  of  tha  mud  awviu  at  tba  altar,  aad  fawti^  pMtb 
to  caM  ■»  tUlfav  to  tiiihl,  ar  dUa  dMajriaf  Iba  wifaMUl  to 


1640]  The  Root  and  Branch  Petition  141 

them ;  terming  the  altar  to  be  the  mercy-seat,  or  the  place  of 
Qod  Almighty  in  the  church,  which  is  a  plain  device  to  usher 
in  the  Mass. 

17.  The  christening  and  consecrating  of  churches  and  chapels, 
the  consecrating  fonts,  tables,  pulpits,  chalices,  churchyards, 
and  many  other  things,  and  putting  holiness  in  them;  yea, 
reconsecrating  upon  pretended  pollution,  as  though  every- 
thing were  unclean  without  their  consecrating;  and  for  want 
of  this  sundry  churches  have  been  interdicted,  and  kept  from 
use  as  polluted. 

18.  The  Liturgy  for  the  most  part  is  framed  out  of  the 
Bomish  Breviary,  Bituals,  Mass-book,  also  the  Book  of  Ordina- 
tion for  archbishops  and  ministers  framed  out  of  the  Roman 
Pontifical. 

19.  The  multitude  of  canons  formerly  made,  wherein  among 
other  things  excommunication,  ipso  faeto^  is  denounced  for 
speaking  of  a  word  against  the  devices  abovesaid,  or  subscrip- 
tion thereunto,  though  no  law  enjoined  a  restraint  from  the 
ministry  without  subscription,  and  appeal  is  denied  to  any 
that  should  refuse  subscription  or  unlawful  conformity,  though 
he  be  never  so  much  wronged  by  the  inferior  judges.  Also 
the  canons  made  in  the  late  Sacred  Synod,  as  they  call  it, 
wherein  are  many  strange  and  dangerous  devices  to  undermine 
the  Qospel  and  the  subjects'  liberties,  to  propagate  Popery,  to 
spoil  Qod's  people,  ensnare  ministers,  and  other  students,  and 
so  to  draw  all  into  an  absolute  subjection  and  thraldom  to 
them  and  their  government,  spoiling  both  the  King  and  the 
Parliament  of  their  power. 

20.  The  countenancing  plurality  of  benefices,  prohibiting  of 
marriages  without  their  licence,  at  certain  times  almost  half  the 
year,  and  licensing  of  marriages  without  banns  asking. 

a  I.  Profanation  of  the  Lord's  Day,  pleading  for  it,  and 
enjoining  ministers  to  read  a  Declaration  set  forth  (as  it  is 
thought)  by  their  procurement  for  tolerating  of  sports  upon 
that  day,  suspending  and  depriving  many  godly  ministers  for 
not  reading  the  same  only  out  of  conscience,  because  it  was 
against  the  law  of  Qod  so  to  do,  and  no  law  of  the  land  to 
enjoin  it. 

22.  The  pressing  of  the  strict  observation  of  the  sainta' 


14a  Cons/ifHhonai  DocHnunis  lt««o 

(Uyi,  wh«rtby  fgrmx  in  mi  of  moue?  arr  «lr»wo  00 1  of  m#ii*t 
porM*  fur  workiug  00  tli^m  ;  a  ▼I'ry  lii|{b  bartlirn  un  moet 
per»plr.  who  ^cttiiiK  thrir  living  «>ri  tKeir  tlaily  rflipl»vflVBt% 
mutt  fithrr  omit  thrm.  ami  lie  Mt,  or  part  with  their  mi»iieT. 
whrrrhv  manr  poor  families  are  undone,  or  broiiirht  behioii- 
hau«l ;  \et  many  church wartieiia  are  aue*!.  or  threateiieil  to  be 
•ue«l  h\  their  tniuhleaome  minitter*,  aa  |»erjureil  |ler«olu^  U%f  not 
prrm  ntiii|(  thrir  |)an)ihiotirn  who  faile«l  in  ol«emii((  hiiU-<UYi 

13  The  ffrrat  incrraai*  ami  frequency  of  wh<-re«ionu  abd 
adultorini,  (KM-ajiidneil  by  the  pr«*late«'  c«»rrupt  a<!miniitration  of 
justice  in  nuch  caaet.  who  taking  u|K>n  theiu  the  puniihmmt  of 
it.  do  turn  all  into  monies  for  the  fillinir  of  tliPtr  purMit, 
and  l^f^t  thfir  i*fticrni  ^iMHild  ilefraud  them  «>f  their  ^in.  tbry 
have  in  theT  Utr  c^ai.un,  inatrad  of  rrrordying  tbeat  Tiret, 
decree*!  that  th«*  i*oramutation  of  penance  ahall  not  ba  witb<jut 
thr  hiahopt*  privity. 

14  The  genrral  almae  of  tbat  ffrtat  ordinance  of  eicocn- 
munication.  whirh  (hid  hath  left  in  Ilia  Churcb  ai  the  U»t 
and  frrrate<t  punuhment  whiih  the  Church  can  inflict  apuo 
cilntiiiat**  and  |(reat  offender*;  and  the  prvUi'*a  and  their  i/0)cert, 
who  cf  lii^ht  have  nothing  to  do  with  it,  di»  daily  eic«>mmn ntc ate 
mri).  etthi  r  f<>r  ili»intf  that  which  \%  lawful,  or  for  vain.  idle,  and 
trivml  matter*.  a«  working,  or  o|»riiin|r  *  ahop  cin  a  buly-day. 
for  hmi  i%p}i«»iirinir  at  every  beck  u|H>n  their  aummona,  not  |iayin|f 
a  lee.  «>r  thf  like .  yea,  they  ha%'c  mailc*  it.  aa  they  do  all  otlier 
tbiiti:*.  a  hi«ik  or  inntrument  wherewith  to  empty  mcn'a  pur»«« 
and  to  advance  thnr  own  grratnraa  ;  and  w  tliat  aacf^d  <>rliii- 
anci*  of  (mhI.  by  thrir  |»erTprliiig  of  it  ItecooKa  contemfitiMe  to 
all  Mien,  and  it  aeMitni  or  nrver  uanl  againat  ncHoriona  offendera. 
who  for  t!>«*  nioftt  |i«rt  are  their  favfuntra. 

J'.  Vra  turthrr.  the  pride  and  ambition  of  the  prvUt«a  being 
boui.*iIr««.  ui. willing;  t«i  br  »ubjrct  rithiT  to  man  or  law*  ti.'  v 
claim  tl.rir  i>tVi<-r  «iid  juri*4lirtii>n  t»  Im*  Jnr$  Ih$nmo,  etrrcitr 
ecc!r»Mit!CAl  auth«rity  m  th^  tr  own  namea  ami  righta.  urn! 
nndrr  thrir  <>wii  mIa.  and  tak«*  u\*n  tlirm  temptirml  digfiitirs 
pU.  e«  aih)  ittficrfl  in  the  Coram*  in  wealth,  that  tiiey  may  away 
U'th  *ai«id« 

if'.  Whence  ftilli  wa  the  taking  (*>mmiaaiona  in  their  own 
(.Vutt*   ai.il  ('•■niifft>-rir«.  and  wherr   rlae  tliev  ait   in    matt#r« 


x64o]  The  Root  and  Branch  Petition  143 

determinable  of  right  at  Common  Law,  the  patting  of  ministers 
upon  parishes,  without  the  patron's  and  people's  consent. 

27.  The  imposing  of  oaths  of  various  and  trivial  articles 
yearly  upon  churchwardens  and  sidesmen,  which  they  cannot 
take  without  perjury,  unless  they  fall  at  jars  continually  with 
their  ministers  and  neighbours,  and  wholly  neglect  their  own 
calling. 

28.  The  exercising  of  the  oath  ex  officio^  and  other  proceed- 
ings by  way  of  inquisition,  reaching  even  to  men's  thoughts,  the 
apprehending  and  detaining  of  men  by  pursuivants,  the  fi-equent 
suspending  and  depriving  of  ministers,  fining  and  imprisoning 
of  all  sorts  of  people,  breaking  up  of  men's  houses  and  studies, 
taking  away  men's  books,  letters,  and  other  writings,  seizing 
upon  their  estates,  removing  them  from  their  callings,  separating 
between  them  and  their  wives  against  both  their  wills,  the 
rejecting  of  prohibitions  with  threatenings,  and  the  doing  of 
many  other  outrages,  to  the  utter  infringing  the  laws  of  the 
realm  and  the  subjects'  liberties,  and  ruining  of  them  and  their 
families ;  and  of  later  time  the  judges  of  the  land  are  so  awed 
with  the  power  and  greatness  of  the  prelates,  and  other  ways 
promoted,  that  neither  prohibition.  Habeas  CorjnM,  nor  any 
other  lawful  remedy  can  be  had,  or  take  place,  for  the  distressed 
subjects  in  most  cases ;  only  Papists,  Jesuits,  Priests,  and  such 
others  as  propagate  Popery  or  Arminianism,  are  countenanced, 
spared,  and  have  much  liberty ;  and  from  hence  followed  amongst 
others  these  dangerous  consequences. 

1.  The  general  hope  and  expectation  of  the  Romish  party, 
that  their  superstitious  religion  will  ere  long  be  fully  planted 
in  this  kingdom  again,  and  so  they  are  encouraged  to  persist 
therein,  and  to  practise  the  same  openly  in  divers  places,  to  the 
high  dishonour  of  Qod,  and  contrary  to  the  laws  of  the  realm. 

2.  The  discouragement  and  destruction  of  all  good  subjects, 
of  whom  are  multitudes,  both  clothiers,  merchants  and  others, 
who  being  deprived  of  their  ministers,  and  overburthened  with 
these  pressures,  have  departed  the  kingdom  to  Holland,  and 
other  parts,  and  have  drawn  with  them  a  great  manu&cture  of 
cloth  and  trading  out  of  the  land  into  other  places  where  they 
reside,  whereby  wool,  the  great  staple  of  the  kingdom,  is  become 


144  ComsiiiHHoHai  DocmmmUs  [i 

uf  wmX\  Taloe,  and  vrudi  not .  irading  it  dM^ajvd,  many  poor 
|jcuple  want  work,  wauen  luar  ein}iloyiii*Dt,  and  the  whuW  Uad 
it  much  impoveruhcd,  to  tlM  Kreftt  diBhuuoar  uf  ilii«  kiiigdoM 
and  biemuhroeut  tu  the  goTemmeot  ikerruf. 

3.  Hm  pmeiit  wmrv  and  lominutiout  happened  between  Ilia 
Maje«ty  and  hit  ■ubjerta  of  Scotland,  whrniu  Hie  Majeety  and 
all  hit  kiiiplums  are  «ntlAn|(err«l,  and  raffer  gTeatlj,  and  art 
like  to  liecome  a  prejr  to  the  cummon  rneroj  in  caae  the  »an 
gu  on.  which  we  eiceedinifly  frar  will  not  onlj  go  on,  bat  alto 
increase  to  an  utt^r  ruin  of  all,  unle«  the  prtUtea  with  their 
dependcncre  lie  rrmovrd  out  of  England,  and  alto  they  and 
their  practitrt,  who,  at  we  under  vour  Ilonour't  favoara.  do 
verily  believe  and  conceive  have  occatioited  tlie  <|aarrel. 

AH    which    we    humblv   refer  to   the   contideralion  of  thit 

m 

Honourable  AwM-mbly,  desiring    the    Lord   of   heaveii   to 
direct  yuu  in  the  right  way  to  rcdrett  all  thete  evila. 


27.  Trb  TatBiiyiAL  A<t. 

[F^brvary  15.  1649      16  ('»r   I  r^p.  I.     SutuU*  of  Um  BmIoi,  t.  54. 

h««  l/w#.  •/  A'«y/.  li    J«|.  f6j,  jyo  ] 

An  A€i  fvr  th4  jirfttnhng  of  imeimrfHwm^s  ka^ftmmg  hf  cAe 

Umtf  tnS^nmsmon  of  ParhamtnU. 

V  Whereat  by  the  lawt  and  ttatutct  of  this  realm  tW 
I'arliarornt  ought  to  be  holden  at  leaat  once  every  year  Cor 
the  retlrrtt  uf  grievaucet.  but  the  appointment  of  the  tiow 
and  pUce  fur  the  holding  thereof  hath  always  btlonge«L  at  it 
ought,  to  Hit  Majeety  and  hit  royal  progenitort :  and  wherNO 
it  it  by  eifienence  found  that  the  not  holding  of  Piarliamenta 
accuniingly  hath  |>rudured  tundry  and  great  autchieft  aad 
incuiiveuieucrt  U\  the  Kiug't  Vlajeety,  the  Church  and  ComnMn* 
wealth:  for  ih*-  prevmtiun  of  the  like  mitchiefc  aad  incun* 
venieiicct  in  time  to  come  : 

II  IW  It  enacted  by  the  King't  Mott  Exealleoi  Mi^Mtf. 
with  the  content  of  the  Ix>rd't  tpirilual  and  temporal,  and  the 
Cumiiifnt  in  thu  |irreriit  Tarliament  amemblrd,  that  the  Hktl 
la  tit  and  statutes  Iw  fri>m  hrnceforth  dulv  kept  an«!  obterred ; 
and  }Our  Uj^^cety't  loyal  and  obedient  tubjectt.  in  thit  prtttftl 


1640-1]  The  Triennial  Act  145 

Parliament  now  assembled,  do  humbly  pray  that  it  be  enacted : 
and  be  it  enacted  accordingly,  by  the  authority  of  this  present 
Parliament,  that  in  case  there  be  not  a  Parliament  summoned 
by  writ  under  the  Great  Seal  of  England,  and  assembled  and 
held  before  the  loth  of  September,  which  shall  be  in  the  third 
year  next  after  the  last  day  of  the  last  meeting  and  sitting 
in  this  present  Parliament,  the  beginning  of  the  first  year  to 
be  accounted  from  the  said  last  day  of  the  last  meeting  and 
sitting  in  Parliament;  and  so  from  time  to  time,  and  in  all 
times  hereafter,  if  there  shall  not  be  a  Parliament  assembled 
and  held  before  the  loth  day  of  September,  which  shall  be  in 
the  third  year  next  after  the  last  day  of  the  last  meeting  and 
sitting  in  Parliament  before  the  time  assembled  and  held ;  the 
beginning  of  the  first  year  to  be  accounted  from  the  said  last 
day  of  the  last  meeting  and  sitting  in  Parliament ;  that  then 
in  every  such  case  as  aforesaid,  the  Parliament  shall  assemble 
and  be  held  in  the  usual  place  at  Westminster,  in  such  manner, 
and  by  such  means  only,  as  is  hereafter  in  this  present  Act 
declared  and  enacted,  and  not  otherwise,  on  the  second  Monday, 
which  shall  be  in  the  month  of  November,  then  next  ensuing. 
And  in  case  this  present  Parliament  now  assembled  and  held, 
or  any  other  Parliament  which  shall  at  any  time  hereafter  be 
assembled  and  held  by  writ  under  the  Great  Seal  of  England, 
or  in  case  any  Parliament  shall  be  assembled  and  held  by 
authority  of  this  present  Act;  and  such  Parliaments,  or  any 
of  them,  shall  be  prorogued,  or  adjourned,  or  continued  by 
prorogation  or  adjournment,  until  the  loth  day  of  September, 
which  shall  be  in  the  third  year  next  after  the  last  day  of  the 
last  meeting  and  sitting  in  Parliament,  to  be  accounted  as 
aforesaid ;  that  then  in  every  such  case,  every  such  Parliament 
80  prorogued  or  adjourned,  or  so  continued  by-  prorogation  or 
adjournment,  as  aforesaid,  shall  from  the  said  loth  day  of 
September  be  thenceforth  clearly  and  absolutely  dissolved,  and 
the  Lord  Chancellor  of  England,  the  Lord  Keeper  of  the  Gi-eat 
Seal  of  England,  and  every  Commissioner  and  Commissioners, 
for  the  keeping  of  the  Great  Seal  of  England,  for  the  time  being, 
shall  within  six  days  after  the  said  loth  day  of  September, 
in  every  such  third  year  as  aforesaid,  in  due  form  of  law 
and  without  any  fuiiher  warrant  or  direction  from  His  Majesty^ 


FMiMNnl  to  b«  Uy  «l  WMtntoifar  m 
wU«k  aUQ  W  la  NonnW  Mst  falkwi^  iW  mH 
HiflMihff.  Umm  ui4  tbw*  to  Inrt  caw«ralB(  U 
MIMrt  dlakn  vamemmiaf  Hk  M«i«tr,  Ut  risto  aa 
UwUi«dM  MtaChvehaTEivkMl;  a>4  iImU  ake 
Haaa  kkk,  ui  mat  aknmi  mwwni  aal  mfMctin  »ril 
■rvMil  aad  n^iMlm  AicMi  «f  iIm  anwal  aad 
MBBtiH.  ctliM  aad  lara^^  wl  Ebgksri  aad  Wali^ 
OMtokk  a(  IW  CMla  of  Dnv.  Laid  Wanlaa  af  I 
IWit  ar  Ua  UaMoaM  fcr  Ifaa  Um  bil^  and  to  tiM 
Bulift  af  Bnfek  ayaa  TwmJ,  aad  to  aO  mJ  an 
oAacn  and  panoM  ta  vImibi  wrila  han  aaaal  to  fca 
tor  Ifca  al«aia(  tt  Um  bdgfata,  dtiaaM,  baraM  aad 
oTanl  fcv  Um  aaM  CtaattM,  CHim,  CSn^aa  INitto  aad 
oT  Eagkod  and  Walaa  laafwctivaly,  ia  Um  aaewtM 
to  affaar  a^  Mm  ia  Ife  hriiaaMat  to  to  toU 
■iMtor  oa  tl»  Mid  «aMd  Kowlar.  wUdi  ikUl  b*  ia 


wUah  Mid  Ughto,  aiUaaM  teraaa  aad  barfMM 
Tbtaa  irf  Ik*  aU  wtll%  iUB  ttoa  aad  tWa  • 
■am  IB  Pkrifanaaat  aaaatdiivlr.  AadtiMawdUid 
Lead  Kaapar.  OaaaBiwaaar  aad  OtaMaualaaara  afca 
wafMtwaly  tofa  a  aakwa  «a«k  ar«ai  tlw  Bttj 
UtodM  ^aiag  ^wrta,  aaaardia*  to  iW  towir  a( 


'Taa  aUl  awaar  ttol  yaa  AaU  tnlj  aad 
$mtk.  aad  aand  abaaad  all  vrito  <d  aaMMaa 
ftr  Wth  Haaaa.  a>  aaafc  Um,  aad  to  aaA  bmb 
ii|iiiiil  aad  iijiitaiil  hy  m  Aat  af  rurlhawl 
-Aa  Aa  far  IW  fiaiaaliag  of  far  ifiilwiai  harp 


hill  ■'■■>> 

mU  oMk  it  taikiU  to  b  totaa  b;  thm  pou  L>4 
laifv.  aal  U  b  lliillililjil  hf  lb  CInt  o<  lb  Cna 

to  •mr  La4  Cbaalor,  U><  K«(«.  Ci f r  ad 

C>»»l«i»m  aixBU;  lad  Ibl  aai  aTlb  aid  iOan 
■aftoli^dr  abU  baalMk  aanto  m  lb  ail  4bto  brftn 


i64o-i]  The  Triennial  Act  147 

they  have  taken  the  said  oath.  And  if  the  said  Lord  Chancellor, 
Lord  Keeper,  or  any  of  the  said  Commissioners  shall  fail,  or 
forbear  so  to  issae  oat  the  said  writs,  according  to  the  true 
meaning  of  this  Act,  then  he  or  they  respectiyely  shall,  beside 
the  incurring  of  the  grievous  sin  of  perjury,  be  disabled,  and 
become,  by  yirtae  of  this  Act,  incapable,  ipdo  fdcto^  to  bear 
his  and  their  said  offices  respectively  ;  and  be  further  liable  to 
such  punishments  as  shall  be  inflicted  upon  him  or  them  by 
the  next,  or  any  other  ensuing  Parliament.  And  in  case  the 
said  Lord  Chancellor,  Lord  Keeper,  Commissioner  or  Com- 
missioners aforesaid,  shall  not  issue  forth  the  said  writs  as 
aforesaid :  or  in  case  that  the  Parliament  do  not  assemble 
and  be  held  at  the  time  and  place  before  appointed,  then  the 
Parliament  shall  assemble  and  be  held  in  the  usual  place  at 
Westminster,  in  such  manner,  and  by  such  means  only,  as 
is  hereafter  in  this  present  Act  declared  and  enacted,  and 
not  otherwise,  on  the  third  Monday  which  shall  be  in  the 
month  of  January  then  next  ensuing.  And  the  peers  of  this 
realm  shall  by  virtue  of  this  Act  be  enabled,  and  are  enjoined 
to  meet  in  the  Old  Palace  of  Westminster,  in  the  usual  place 
there,  on  the  third  Monday  in  the  said  month  of  November : 
and  they  or  any  twelve  or  more  of  them,  then  and  there 
assembled,  shall  on  or  before  the  last  Monday  of  November 
next  following  the  tenth  day  of  September  aforesaid,  by  virtue 
of  this  Act,  without  other  warrant,  issue  out  writs  in  the 
usual  foim,  in  the  name  of  the  King's  Majesty,  his  heirs  or 
successors,  attested  under  the  hands  and  seals  of  twelve  or 
more  of  the  said  peers,  to  the  several  and  respective  sheriffs 
of  the  several  and  respective  counties,  cities,  and  boroughs  of 
England  and  Wales;  and  to  the  Constable  of  the  Castle  of 
Dover,  Lord  Warden  of  the  Cinque  Ports,  or  his  lieutenant 
for  the  time  being,  and  to  the  Mayor  and  Bailiffs  of  Berwick 
upon  Tweed ;  and  to  all  and  every  other  the  said  officers  and 
persons  to  whom  writs  have  been  used  to  be  directed,  for  the 
electing  of  the  knights,  citizens,  barons  and  burgesses,  of  and 
for  the  said  Counties,  Cities,  Cinque  Ports  and  Boroughs,  to  be 
and  appear  at  the  Parliament  at  Westminster  aforesaid,  to 
be  held  on  the  third  Monday  in  January  then  next  following : 
all  and  every  which  writs  the  Clerks  of  the  Petty  Bag,  and 

L  2 


I  wiMivflTlfai  wHto  far    mi 

t«  tlw  PkriluMMt  inOi  ud  iUI  htlrn^.  "f  mtmm  tk  mii 
L«di,  m  twtln  or  DKN*  oftiUi  ri»U  B|iHat,  ikU  U  tW 
iiiiMMiiil  «r  tW  mU  Urdt  M  iMMfcM.  «r  «r  Mr  t«l«« 
•r  man  of  U»— .  naka  u^  pnv*n  fw4r  (ir  Uw  rfgwalMW 
«r  (bt  Mi4  Lonlih  or  ujr  t«dn  or  nan  of  Unm,  b^v  pb  i/ 
Ik  hw  of  iWr  pUni  Bad  ^m^  ud  af  nA  slkv  puUn 
■Mrf  M  b  Um  ant.  or  amy  mW  awaiiNr  l^riiMwl,  lUl 
be  bAktad  M  Um  or  tbaa:  ■*!  it  b  MMtod  tfal  IW  aid 
write  M  iMMd  *hma  ba  of  U»  ■»•  pawv  aad  hna  b  bH 
b4>Bte  aad  pfpoMi,  ■■  tba  vrila  or  wnaa  b  fWMManl 
owhr  tbt  Omt  Sm)  a<  Kafflud  lm«  trar  baw  ar  «i^  b  W 
Aad  an  tba  ■hiih"i  <^  *ba  Cb—bw  or  aUwta  wfca  «Ua  b« 
■ppobtaJ  bjr  tba  aid  Lorda,  ar  aa j  twain  or  »an^  aia  baraVy 
laidfad  lahUUUjr  and  apM^lir  b  daUvar  Um  aid  wrib  ta  rrcrr 
paOBB  aad  pMaoaa,  ibariA^  aAtata,  aad  atbara,  b  vbaa  Om 
aaMaballUdiraebdi  wbkb  tf  iba  aU  iiiiBiBgiii  ar  aay  «f 
tboM  *Ua  fan  b  poribnn,  tbaj'  iImII  hrMl  Ibair  mfirtiw 
pbaa.  aad  ioaar  aaali  bUmt  paliM  aad  paaiibawri  m  bf  Ibal 
or  aa  J  atbar  laiiilm  I^<bMa«l  aball  ba  JMfiail  oa  tbaa. 

m.  Aad  il  b  alw  hitbar ■-'.  tbat  all  aad  awy  Iba 

fmn  of  tUa  raaJa  iball  ^^  tbir  afipafaaaa,  aad  ^mU 
■wailili  aa  tba  aid  tbM  MamUj  u  Jaaaary,  b  aacb  ■laair. 
•ad  b  aacb  alM,  aad  wilb  mA  pnrar.  a  if  (bar  had  nariiad 
•mr  of  tlMM  vrlb  vt  .aaMMMO  b  PM<bMMl  aadv  tba 
Gnat  Baal  a(  bflud,  b  tba  aaaal  aad  iiartnaiJ  aaHMr. 
Aad  baa  tba  aaid  Lank  or  t»a)f«  a  aon  of  tbaa.  (bait 
ba  b  iaaa  (artb  tacb  writ^  a  tbat  tbt  aU  write  d»  aat  aaaa 
b  tba  aid  aararal  Ooaatia^  Citiao.  daqaa  Pate  aad  Baraaglia. 
a  tbat  aa  abctbaba  aot  tbaraap^  aada ;  aodb  aaa  tbaab 
Bo(  a  ParUaaoal  aaiMbbd  aad  bald  bafaa  tba  sjnl  dar 
of  tba  oaid  auatb  af  Jaaaarri  and  a  fraa  liaa  b  tum»,  aad 
b  all  tiaa  baraftar,  iribm  dbll  not  bo  a  rarliaawt  aM«- 
Uad  aad  babl  babn  tba  aid  and  daj  of  JaaMiT,  tbaa  b  aratr 
•asb  oaa  a  afimaid  tba  Pirllaiaial  aUl  aaaabb,  aad  ba 

bald  b  tba  aaaal  pka  a  Waatauaator.  b  aaab .  aad 

by  aaab  naaaa  oalj.  u  ia  bwaaflar  ta  tUa  paaaot  Aat  daalaad 
aad  waatad,  aad  aat  otbarvba^aa  tba  iiiBwd  Taaadaj  wbkb 
AaU  ba  b  tU  aoatb  ol  Hanb  aaU  albw  tba  aid  >ird  d«r 


1640-1]  The  Triennial  Act  149 

of  January ;  at  which  Parliament  the  peers  of  this  realm  shall 
make  their  appearance,  and  shall  assemble  at  the  time  and 
place  aforesaid,  and  shall  each  of  them  be  liable  unto  such 
pains  and  censures  for  his  and  their  not  appearing  and  serving 
then  and  there  in  Parliament,  as  if  he  or  they  had  been  summoned 
by  writ  under  the  Great  Seal  of  England,  and  had  not  appeared 
and  served ;  and  to  such  further  pains  and  censures,  as  by  the 
rest  of  the  peers  in  Parliament  assembled  they  shall  be  ac^udged 
unto. 

IV.  And  for  the  better  assembling  of  the  knights,  citizens, 
barons,  and  burgesses  to  the  said  Parliainent,  as  aforesaid,  it  is 
further  enacted,  that  the  several  and  respective  sheriffs  of  the 
several  and  respective  Counties,  Cities  and  Boroughs  of  England 
and  Wales,  and  the  Chancellors,  Masters  and  Scholars  of  both 
and  every  of  the  Universities,  and  the  Mayor  and  Bailiffs  of  the 
borough  of  Berwick  upon  Tweed,  shall  at  the  several  courts  and 
places  to  be  held  and  appointed  for  their  respective  Counties, 
Universities,  Cities  and  Boroughs,  next  after  the  said  a  3rd  day 
of  January,  cause  such  knight  and  knights,  citizen  and  citizens, 
burgess  and  burgesses  of  their  said  Counties,  Universities,  Cities 
and  Boroughs  respectively,  to  be  chosen  by  such  persons,  and  in 
such  manner,  as  if  several  and  respective  writs  of  summons  to 
Parliament,  under  the  Great  Seal  of  England,  had  issued,  and 
been  awarded.  And  in  case  any  of  the  several  Sheriffs,  or  the 
Chancellors,  Masters  and  Scholars  of  either  of  the  Universities, 
or  the  Mayor  and  Bailiffs  of  Berwick  respectively,  do  not  before 
ten  of  the  clock  in  the  forenoon  of  the  same  day  wherein  the 
several  and  respective  courts  and  places  shall  be  held  or  ap- 
pointed for  their  several  and  respective  Counties,  Universities, 
Cities  and  Boroughs  as  aforesaid,  begin  and  proceed  on  accord- 
ing to  the  meaning  of  this  law,  in  causing  elections  to  be 
made  of  such  knight  and  knights,  citizen  and  citizens,  burgess 
and  burgesses,  of  their  said  Counties,  Universities,  Cities  and 
Boroughs  as  aforesaid,  then  the  freeholders  of  each  County, 
and  the  Masters  and  Scholars  of  every  the  Universities,  and 
the  citizens  and  others  having  voices  in  such  election  re- 
spectively, in  each  University,  City  and  Borough,  that  shall 
be  assembled  at  the  said  courts  or  places  to  be  held,  or 
appointed,  as  aforesaid,  shall  forthwith,  without  further  wanant 


CoHMtHmhomal  Ootmmmh 


1<M^H 


m  dliMttaa,  fnail  to  Ik  alMlia  if  nA  kalgM  «  taliHi, 

flUiMS  OT  rtiiiM.  iMffM  or  b«n aianMU,  la  iMh 

^mmn  M  It  hmI  !■  <■*•  of  wrila  of  mmmmm  ImwI  mJ 


V.  Aid  lib  AullMr  fOMlMl  Ihrt  Ifa  Mrcnl 
■Urift  >f  tMr  wwnni  uA  n>VMUi«  (NatlM,  Md  IJw  Om- 
■Ulte  W IW  0»k  of  Dm>.  iM  UH  Wudia  rf  Ik  C1av» 


ISMn«  to  tf»  Mid  PufiiawLrt  Ik  ti—  »wl  plMt  t 
•IM  aU  CIUm.  Cbqx  IWU  iW  Iknaik  nq>alnlj,  lUI 
hrfn  Ik  ImI  <■;  o(  Ik  atU  aXt  •(  filnu;  aak  alalia 

idint  dika  mJ  iIII ki—t  kn»«  »»l  linmii.j 

»  write  fcr  ■ii»««ilin  «r  «  Ratliniil,  «»<»  Ik  Ohm  »■< 
rf»Mfc«*kik»rii«<l— .wirtrf  AaJiaBanank 
pnrt  daU  <oa>  aMo  Ik  aid  Cilia,  Ciafaa  Fuu  aad 
Baaigk  iiniullwly.  bf  Ik  Ik*  knia  Baited:  a  ia  aa 
■aj  paaf*  dall  waMb  aad  ao  aialiaa  k  Bad*  Ihiiaf , 
M»a  Ik  aid  laal  dar  a(  FakaaiT,  Dal  Ika  Ik  ataaal 
^  haiinaaa,  aw'     ' 


Ik  Im  Ika^r  la  Mank  Ika  aaat  faaiiiag  Ik  aM  lal  da; 
af  FalaaaiT  aak  alada  af  aaak  ailka  aad  aliaa^  kna& 
a  11  a  aril  af  aateaaaa  aada  Ik  Otaat 


•d.  «a  aatk  CMiaa,  Cla^aa  IMa  aad  Baawk 


afffaar  aad  larva  la  Partiaaial  a  Ik  liaw  aa  1  plaa  alaaaal. 
aad  rfaU  aaak  if  Ika  k  Balda  aala  aaak  faki  aad  aaaaana 
tea  Ua  aad  Ikli  aat  afpariac  aad  aaTia«  Ika  aad  Ikn 
ia  Fariiaaial,a  If  k  a  Ik;  kd  baai  ikaUd  aad  ^ata 
tf  rinaa  a(  a  aril  aada  Ik  Otaa  8al  al  ^«had,  aad 
daH  k  likatea  aal^at  aalo  aaak  failkr  (aiaa  aad  naaaia 
I  iavaiaf  Ika  aad  Ikaa 


i64o-z]  The  Triennial  Act  151 

in  Parliament,  as  if  he  or  they  had  been  elected  and  choien 
by  Tirtue  of  a  writ  under  the  Great  Seal  of  England,  and 
shall  be  likewise  subject  to  such  further  pains  and  censures 
as  by  the  rest  of  the  knights,  citizens  and  burgesses  assembled 
in  the  Commons  House  of  Parliament,  he  or  they  shall  be 
adjudged  unto.  And  the  Bherififs  and  other  officers  and  persons 
to  whom  it  appertaineth  shall  make  returns,  and  accept  and 
receive  the  returns  of  such  elections  in  like  manner  as  if  writs 
of  summons  had  issued,  and  been  executed,  as  hath  been  used 
and  accustomed :  and  in  default  of  the  sheriffs  and  other  officers 
respectively,  in  not  accepting  or  making  return  of  such  elections, 
it  shall  and  may  be  lawful  to  and  for  the  several  freeholders, 
and  other  persons  that  haye  elected,  to  make  returns  of  the 
knights,  citizens,  barons  and  burgesses  by  them  elected,  which 
shall  be  as  good  and  effectual  to  all  intents  and  purposes  as 
if  the  sheriff  or  other  officers  had  received  a  writ  of  summons 
for  a  Parliament,  and  had  made  such  returns :  and  that  such 
elections,  precepts  and  returns  shall  be  had  and  made  at  such 
times,  by  such  persons,  and  in  such  manner,  as  before  in  this 
Act  is  expressed  and  declared,  according  to  the  true  intent  and 
meaning  of  this  law ;  any  writ,  proclamation,  edict,  act,  restraint, 
inhibition,  order  or  warrant  to  the  contrary  in  any  wise  not- 
withstanding. And  in  case  any  person  or  persons  shall  be  so 
hardy  to  advise,  frame,  contriye,  serve  or  put  in  execution  any 
such  writs,  proclamation,  edict,  act,  restraint,  inhibition,  order 
or  warrant  thereupon,  then  he  or  they  so  offending  shall  incur 
and  sustain  the  pains,  penalties  and  forfeitures  limited,  ordained 
and  provided  in  and  by  the  Statute  of  Proyision  and  Premunire 
made  in  the  1 6th  year  of  King  Richard  the  Second,  and  shall 
from  thenceforth  be  disabled,  during  his  life,  to  sue  and  implead 
any  person  in  any  action  real  or  personal,  or  to  make  any  gift, 
grant,  conveyance,  or  other  disposition  of  any  his  lands,  tene- 
ments, hereditaments,  goods  or  chattels  which  he  hath  to  his 
own  use,  either  by  act  executed  in  his  lifetime,  or  by  his  last 
will,  or  otherwise,  or  to  take  any  gift,  conveyance,  or  legacy 
to  his  own  use :  and  if  any  Sheriff,  Constable  of  the  Castle  of 
Dover,  or  Lord  Warden  of  the  Cinque  Ports,  shall  not  perform 
his  duty  enjoined  by  this  Act,  then  he  shall  lose  and  forfeit 
the  sum  of  £1000,  and  every  County,  City,  Cinque  Port  and 


15* 

Boram^  Ua  tUl  Bol  Mb*  ilMtka  «r  tkdir  fcaigUi^ « 
Imdh  ud  hufMMi,  nrnftHrtif.  (ImII  latar  tfca  | 
ffUoviiW  (lUl  U  to  my)  rrtrj  C1.U1I7  iW  lua  «l  Xiei 
rfwjr  Citj,  whick  w  no  CmmIj,  Xic«,  wd  mry  Obi|M  rm 
uri  BociwifliiWMBof  Xioo;  all  vtA  tnrj  ^  vUtli  wnnl 
fi)rifitarM,ud  ftU  oUwrfwfdtotti  !■  lU«  Alt  SMliMad.  ibJI 
»»d  Hwy  W  iwDfwvii  i&  Mjr  of  Um  Kwf't  CtovHi  if  Bword  ti 
W«M»lK*Ur,  witbo«t  MBiaf  On  Cbriatiaa  ■■■•  lad  «■«■■• 
of  lb  Mid  M«7H  hr  ika  Um  Wiif .  by  mIIm  af  Md,  Ul. 
|ltlat  or  ialonMlioa,  whrnin  m  Mwba,  pralMUiM,  —fw  of 
bw,  aid,  pra^w,  i«lTikg%  i^JueUw,  w  atdcr  wl  nttntmt,  ^«il 
U  is  MJ  wiM  pnfid,  giutod  «r  kllo«*d,  mt  taj  mmv  llwM 
MM  kipuksM :  asd  if  amy  pwiM  afUr  Betic*  (ivta  tist  iW 
MliiB  drpradiof  ia  giwndad  sad  prmwlad  apis  or  kf  nrlM 
«f  lUa  StoM«  dnD  «nM  «r  prgmu*  Mjr  iwli  tt^im  to  W 
■l«7Pd  «  dabjad  balon  jidftt  by  wliwr  M-  ■■■■  t/  mj 
efdar,  wwraat,  power  or  Mtlwrilj,  wro  oaly  of  tW  MOrt 
wfcmb  oaA  Mboa  m  »fcwo*id  tUB  U  h— gtt  or  di|—di^ 


tW  «octf»aw  of,  or  npoB  oajr  MMfa  jodfwt,  lo  Iw  ati^od  or 
4»kj*A  bj  colMir  or  aMUo  of  uij  otdar,  wtsaI,  pew  « 
ulWitf,  MM  only  bj  writ  of  «mr  er  MtaiMl.  lb»l  thoa  iW 
Mid  pHMiM  M  ofttoJbg  ohaU  benr  aad  tUio  oil  Mtd  orvy 
tho  lioiM^  ptnUtiot  ud  farfMUroi^  Imitod,  onkiaai  ami  p» 
Tidod  is  ud  bf  tbo  mU  BUtnto  of  PmUos  oad  Pi  [■mini, 
■odo  la  tiw  t«tk  of  King  Bkhord  tbo  8moo4.  Aadtf^ 
Lord  MaxDT  of  Loodoa  tboU  at  mj  teo  WhAot  oommm* 
or  pnfcr  aaj  wmA  mk,  adiam  m  JaforMolJaa,  oad  ohofl  baffn 
to  dit  or  bo  roawwd  oal  of  Uo  oAoo  botoro  woawiy  lad 
nooalwa  bod,  tbat  joi  not  oaeb  ootka,  mH  or  iaIiifalluB. 
oBod,  eg»Mta*ad  or  (rdsTid,  ^oO  hf  oacb  i1iiflo«iag  or  dalb 
U  afaatod.  AMoatiaaod  m  oadod.  bat  UmI  it  ri»U  «»d  May 
W  Uwlbl  la  oad  ftr  Ibt  Lord  Major  •#  lU  CHj  of  LoadM 
MSt  aawatdlog  la  ikat  oCco  and  ploaa,  Is  pnnoal^  paiMi 
oad  IdUo*  oO  oad  0*017  aaab  aoliw,  bill.  |Jiii«  or  lofinaillaa 
fcr  tbo  taoMi  afbrOMid,  i»  bai^iac  ond  drptadiac  ia  oMk 
Moaaar  and  larM,  oad  u  all  latoau  oad  faipaoM^  aa  tboi  Lard 
Maror  Biiflbl  haw  doao,  «bicb  tnl  iiiaiinii  or  |iiofin«d  Ibo 
MM*.     Tho  ftAb  fort  of  at)  oad  ovary  iho  fcrMtaroa  ia  tUo 


1640-1]  The  Trienrtial  Act  153 

Act  mentioned,  shall  go  and  be,  to,  and  for  the  use  and  behoof 
of  the  City  of  London,  and  the  other  four  paiis  and  residue  to 
be  employed  and  disposed  to,  and  for  such  only  uses,  intents 
and  purposes  as  by  the  knights,  citizens  and  burgesses  in 
Parliament  assembled,  shall  be  declared,  directed  and  appointed. 

Provided  that  in  case  the  freeholders  of  any  County  and 
inhabitants,  or  other  persons  having  or  claiming  power  to  make 
election  of  any  knights,  citizens,  barons  or  burgesses,  shall  proceed 
to  making  of  election  of  their  knights,  citizens,  barons  and 
burgesses,  which  election  shall  afterwards  fall  out  to  be  adjudged 
or  declared  void  in  law  by  the  House  of  Commons,  by  reason  of 
equality  of  voices  or  misdemeanour  of  any  person  whatsoever, 
then  the  said  County,  City,  Cinque  Port  or  Borough  shall  not 
incur  the  penalties  in  this  law,  so  as  an  election  de  facto  be  made. 

YI.  And  it  is  further  enacted,  that  no  Parliament  henceforth 
to  be  assembled  shall  be  dissolved  or  prorogued  within  fifty 
days  at  least  after  the  time  appointed  for  the  meeting  thereof, 
unless  it  be  by  assent  of  His  Majesty,  his  heirs  or  successors, 
and  of  both  Houses  in  Parliament  assembled ;  and  that  neither 
the  House  of  Peers  nor  the  House  of  Commons  shall  be  ad- 
journed within  fifty  days  at  least  after  the  meeting  thereof,  unless 
it  be  by  the  free  consent  of  every  the  said  Houses  respectively. 

YII.  And  be  it  further  enacted  and  declared  by  authority  of 
this  present  Parliament,  that  the  Peers  to  be  assembled  at  any 
Parliament  by  virtue  of  this  Act,  shall  and  may  from  time  to 
time,  at  any  time  during  such  their  assembly  in  Parliament, 
choose  and  declai'e  such  person  to  be  Speaker  for  the  said 
Peers  as  they  shall  think  fit.  And  likewise  that  the  said 
knights,  citizens  and  burgesses  to  be  assembled  at  any  Parlia- 
ment by  virtue  of  this  Act,  shall  and  may  from  time  to  time, 
at  any  time  during  such  their  assembly  in  Parliament,  choose 
and  declare  one  of  themselves  to  be  Speaker  for  the  said  knights, 
citizens  and  burgesses  of  the  House  of  Commons  assembled  in 
the  said  Parliament  as  they  shall  think  fit;  which  said  Speakers, 
and  every  of  them,  as  well  for  the  said  Peers  as  for  the  said 
House  of  Commons  respectively,  shall,  by  virtue  of  this  Act, 
be  perfect  and  complete  Speakers  for  the  said  Houses  respectively, 
and  shall  have  as  full  and  large  power,  jurisdiction  and  privi- 
leges, to  all  intents  and  purposes,  at  any  Speaker  or  Speakers 


■54  ComjMMmm/  /XxMHwna 


rm.  AW  U  b  fnh>  aaiM  •>!  iHknJ.  ax  an  IMto- 

writ  nte  U»  Otml  8al  rf  Eqlui.  or  ■•;  aaate  Omml 

■ilU  «  tqU  U  hnt;  lad  aU  inl  tnrj  Iht  aaiWi  IW 

AiU ilili  iW  ■4M  !•  lU  Ooaaaa  UoB>  i(  hrihaat. 

nd  JuU  iMar  ilia  IW  aai,  id  ho  i«i_i  b  ad  hrik- 

aat  bin  ud  wilkm  lU  kUw  tl  Om  mmnl  >U>  af 

MpnMay  ud  aOaruM^  nc  riUwr  of  tWai,  aar  Im  w  iMiria 

ftelliaiial,  aad  aa7  U»  aaoban  a<  ttat  Haaaa  tai«  M> 

luimiM  *lu  ^iKa    tkat  *            -•              *     -'     Mit  .aHK^  ^  i^^^a 

IT  aa(laalia|  ibaU  ba  daaaaad  aa  aaalar  af  UM  BaaiK  aar 

>  aa  ir  ha  lad  yiiwiBii  la  lU  ia  tka  mm  BaiM 
wilfcaat  iIhUm^  ia4va  ar  aalheHtf. 

X.  Aad  U  b  likawiaa  laimdid  and  aMatad,  Ital  lUa  aaMa 
aba  ba  raUal;  lad  jarir  rt  aaar;  Oaanl  HaalaM  a(  tka 
Paaaa^  ta  ba  bald  »aa«  alter  Iba  Zfifhtmf,  md  aaaaj  AadbM 
IbM  aed  aMai^  It  tba  daib  al  Iba  haia  aad  Clark  a(  tba 
Aaiiaa  te  Iba  Uaa  Wat  na|>a>inl;.  Aad  if  lla;  ar  tUim 
ar  Ibaa  abal  ao|la«  ar  Ul  la  da  Iba  luaa  aaeardiafi;.  IbM 
■art  farty  -  iii|li<lin »  hilii^  ilall  >«<Ul  Iba  i»  rf  ^ 


XI.  Aad  ttla laallT  fiaiHil aad  —Hid,  tbu  Hh 
Mai  aaaM  la  Ibb  Ul  riiall  art 


1 


1641]  The  Protestation  155 

Session  of  Parliament  *,  and  that  all  statutes  and  Acts  of  Parlia- 
ment which  are  to  haye  continuance  unto  the  end  of  this  present 
Session,  shall  he  of  full  force  after  His  Majesty's  assent,  until 
this  present  Session  be  fully  ended  and  determined ;  and  if  this 
present  Session  shall  determine  by  dissolution  of  this  present 
Parliament,  then  all  the  Acts  and  statutes  aforesaid  shall  be 
continued  until  the  end  of  the  first  Session  of  the  next 
Parliament. 


28.   ThB   PBOTXSTAnON. 

[May  3i  1641.    Rashworth,  Tiil.  735.    See  Hid,  of  Engl  is.  353.] 

We  the  knights,  citizens  and  burgesses  of  the  Commons 
House  in  Parliament,  finding  to  the  grief  of  our  hearts  that 
the  designs  of  the  Priests  and  Jesuits,  and  other  adherents 
to  the  See  of  Home,  have  of  late  been  more  boldly  and  fre- 
quently put  in  practice  than  formerly,  to  the  undermining  and 
danger  of  the  true  reformed  Protestant  religion  in  His  Majesty's 
dominions  established ;  and  finding  also  that  there  hath  been, 
and  having  just  cause  to  suspect  there  still  are,  even  during 
the  sittings  in  Parliament,  endeavours  to  subvert  the  funda- 
mental laws  of  England  and  Ireland,  and  to  introduce  the 
exercise  of  an  arbitrary  and  tyrannical  government  by  most 
pernicious  and  wicked  counsels,  practices,  plots  and  conspiracies; 
and  that  the  long  intermission  and  unhappier  breach  of  Parlia- 
ments hath  occasioned  many  illegal  taxations,  whereby  the 
subjects  have  been  prosecuted  and  grieved;  and  that  divers 
innovations  and  superstitions  have  been  brought  into  the 
Church,  multitudes  driven  out  of  His  Majesty's  dominions, 
jealousies  raised  and  fomented  between  the  King  and  his 
people;  a  Popish  army  levied  in  Iceland,  and  two  armies' 
brought  into  the  bowels  of  this  kingdom,  to  the  hazard  of  His 
Majesty's  royal  person,  the  consumption  of  the  revenue  of  the 
crown  and  the  treasure  of  this  realm.     And   lastly,  finding 

'  It  was  at  that  time  the  oastom  that  the  royal  aasent  was  giTen  to 
Bills  at  the  end  of  the  Seasion,  and  it  was  oomequently  argued  that  the 
absent  put  an  end  to  the  Session. 

*  The  Scottish  army  and  the  English  anny  opposed  to  it 


156  Constituttomil  DiHuments  \\t^t 

the  KC^**^  cautr  uf  jral<>ii«>.  thai  cmirAVi  un  havt  kt^u.  %iA 
arr  iii«il.  t*>  liritiff  t).r  F'iii'li«h  arniy  mtn  .1  iiiiiUL«lcrttAii<iinAr 
of  tliii  I'arliAiiirht,  thi-rili\  («>  iiirln.r  tiar  airiij  )>j  fTcr  t«i 
briiitf  ti»  |MM4  tliDiir  Mu-kr«l  o<ui.»rN;  l.A\r  itirrrlurr  tkon^Kt 
^(inmI  to  ^(  ill  iMirv-Irr^  m  a  I 'rflAmiii-ii  u!  our  uiiit«'>l  aff«ii-  ni 
.itul  inK>liitiMf)«  ai.il  ti»  niaki  l)ii«  rii^iiiii;:  riotiitaiiim  : 

I.  A  1'.,  ill*,  ill  thi-  |iif**riKf  i.f  in^i.  |r-riji>«.  v>w  anii  |irr,tr«t 
to  iu.iiii(Aiii  aixi  tirfi  till,  aa  far  ai  la«fu!!v  I  mav  with  lu?  liV. 
|)0«ri  ami  i*ttat«*,  t)i«'  Irur  rtformril  I'n-tet'aht  rvlitriiiU  ^1- 
piei'rril  ill  th«'  lii-^ trine  if  tl.r  <'!.uri)i  of  Kiitflaiiil,  affainat  all 
ro|«r\  afi<l  |H  |)i!»li  iiitio\at:<>ii  within  thif  tr aim.  contrary  t«) 
th<*  Kiai  •ii<triiir.  auil  ar>iiii|iii;;  to  ih**  iluty  ff  uij  alle|*ianrr. 
I  Mill  inAiiiiain  amidrfriitl  II i^  Maj«**(y'B  rMval  prrviin  and  ettat*. 
as  a'm)  thf  |Mi\«rr  mul  pmiliyr  nf  i'Arli.^mrn(»,  the  lawful 
ri|:ht>  ainl  lilMrtu-s  of  thi'  •ul<jirt«,  an-l  cTrry  |wrt«>n  that  ihaa 
luakr  tlii*  Trt'tritAtiin  in  wLatK-rtf-r  hi-  -iha!!  i\*\,  in  th«  lawf-.! 
|>uriiuaiiv'e  of  the  -ami'  ;  aiiil  t*>  niy  |iii««r,  a*  far  aa  lawfully 
I  niny.  I  uill  •i|i|4»-f.  aihl  hy  all  L'«iuii  wayf  miu\  nieani  eL- 
ilra^our  to  l*riii^  In  t'^ihiliirn  {■•ji.iOiin*  nt  all  Mi«-h  aa  ahall  by 
fiircr.  praitiii'.  cmui.m-I>.  (-|iit<i.  i-in^iiirai  irp  or  otherwi««  i|.i 
aiitthii)'.'  ti)  tl.i*  ifiitr>r\  in  thi«  |>p  »ri.t  rrole*t.itii>n  Ct>fitiir.c«i 
ami  fuittitr.  th.it  I  Ai.\\\  in  all  ju*t  mA  h<-n' urabl«*  wayi  rn- 
thaVfcr  !•>  |ri-'Me  fltr  ui.ion  jmi  |iracr  l«-twiit  \\\r  thrr^ 
kiiii^il' IU4  mI  Ki.k'iai.il,  >«-i>tl.ii.<l  An*!  Irrliinil.  an*i  mithtr  for 
h- I  f.  ti-i«r  i-r  Any  •  li.ei  rr^jr^ts.  «h.iil  i«iii.'|U:iri  thi«  pruniiM, 
\ii«i  .\U\\  |*rctrotAt.i>ii. 

'J*.<.  The  A<  t  k  h  the  Ami^i'KR  nr  thi:  Fakl 

-•r  >7kA>>i-hi-. 

Uiirna^  \\  r  ki.ik'hff.  riti/>  i.«  -i:  •!  )i':ri:r««-t  'f  the  Hnaap 
of  ('••!M}iii«  III  ll.i-  ]•!?••  i;(  lir!  .imri  t  .i>-eni)  !i^l.  have,  in 
thr  :  .tni  if  t)irn.**U<«  a:  •!  i-f  !1  t^e  Coiiin.tnt  tf  KiitflaDii 
iiiij  •  »  •  •••!  Til  ::..»•  K-»rI  ■  f  Sfr.i?f  rl  ■  f  hitfh  tna-o'  .  f-r  rn- 
i{ea«  'rii  »:  s>  «uV\rrt  tl.r  ai.>  i- ;  I  xwA  f<ir.-iAn.rt.tal  la«i  aii<l 
If.  xni'  "li*  ■t  !l  *  X!.i-««m'«  rr,ilrnf  if  Ki  i^'IaH'!  and  IrvUnd. 
ai.'i    i>i    i.tri-l-.i-r    au    art  :traf^    auil    twanni.ai    ||'u%i  inmrDt 


1641]     The  Attautder  of  the  Earl  of  Strafford      157 

against  law  in  the  said  kingdoms,  and  for  exercising  a  tyran- 
nous and  exorbitant  power  aboye  and  against  the  laws  of  the 
said  kingdoms,  over  the  liberties,  estates  and  lives  of  His 
Majesty's  subjects ;  and  likewise  for  having  by  his  own  authority 
commanded  the  laying  and  sessing  of  soldiers  upon  His  Majesty's 
subjects  in  Ireland,  against  their  consents,  to  compel  them  to 
obey  his  unlawful  summons  and  orders,  made  upon  paper 
petitions  in  causes  between  party  and  party,  which  accordingly 
was  executed  upon  divers  of  His  Majesty's  subjects  in  a  war* 
like  manner  within  the  said  realm  of  Ireland ;  and  in  so  doing 
did  levy  war  against  the  King's  Majesty  and  his  liege-people 
in  that  kingdom ;  and  also  for  that  he,  upon  the  unhappy  dis- 
solution of  the  last  Parliament,  did  slander  the  House  of  Com- 
mons to  His  Majesty  ;  and  did  counsel  and  advise  His  Majesty 
that  he  was  loose  and  absolved  from  rules  of  government ;  and 
that  he  had  an  army  in  Ireland  which  he  might  employ  to 
reduce  this  kingdom,  for  which^e  deserves  to  undergo  the  pains 
and  forfeitures  of  high  treason.  And  the  said  Earl  hath  also 
been  an  incendiary  of  the  wars  between  the  two  kingdoms 
of  England  and  Scotland,  all  which  offences  hath  been  sufficiently 
proved  against  the  said  Earl  upon  his  impeachment. 

Be  it  therefore  enacted  by  the  King's  Most  Excellent  Migesty, 
and  by  the  Lords  and  Commons  in  this  present  Parliament 
assembled,  and  by  authority  of  the  same,  that  the  said  Earl 
of  Strafiford,  for  the  heinous  crimes  and  offences  aforesaid, 
stand  and  be  adjudged  and  attainted  of  high  treason,  and 
shall  suffer  such  pains  of  death,  and  incur  the  forfeitures  of 
his  goods  and  chattels,  lands,  tenements  and  hereditaments 
of  any  estate  of  freehold  or  inheritance  in  the  said  kingdoms 
of  England  and  Ireland,  which  the  said  Earl  or  any  other  to 
his  use,  or  in  trust  for  him,  have  or  had,  the  day  of  the  first 
sitting  of  this  Parliament,  or  at  any  time  since. 

Provided  ^  that  no  judge  or  judges,  justice  or  justices  what- 
soever, shall  adjudge  or  interpret  any  act  or  thing  to  be 
treason,  nor  hear  or  determine  any  treason  nor  in  any  other 

'  Note  by  Boihworih :  '  Iliis  pfovito  bath  oooadoned  the  common  dii- 
ooame  and  opinion  that  thii  judment  againat  the  Earl  was  enacted  never 
to  be  drawn  into  precedent  in  Parliament|  whereas  it  eipreeely  reapecta 
only  jadgei  in  inferior  courte.* 


158  CoHsMmitonai  Documenis  \it%\ 

iimtii.er  than  he  nr  X\%ty  pttnultl  or  i«iit:)i(  (n  I.A«e  '{•tiM*  lirforv 
tbv  niJikiiiK  uf  till*  Art.  aiuI  mi  if  tliM  Ad  hml  n«*Trr  li'-rti  \%mA 
nor  miulr:  »Aviiitf  uIwav*  iintn  all  «rul  ■iiiffuUr  {lerMiUt.  U>!it«. 
politit'  ani  ciir|4ir»t«\  thnr  lirim  m.'i  »uor*-on.  i/tiirn  ttian 
the  iwiil  tlurl  aail  hi*  hi'ir»,  ami  %\\c\\  m  ilairii  fnwi.  hy.  f  r 
nniler  him,  all  «urh  nifht,  title  Ai.«i  iiiti  ntt  nf,  id.  aimI  to  all 
ami  pihi^MiUr  -urh  of  the  UiuU,  triumenU  and  ht  r^litamrnt*. 

a»  he.  thrv.  ur  niiv  nf  them  lui*l   N'fcirt-  thf  fiivt  «lav  i>f  ihii 

•  •  • 

|>reM-ht  rarlumt lit,  anything  lieiein  cont«iiif*«l  to  the  CMiitranr 
mitwithttainliiitf. 

rriiviilfil  that  tho  |«Miiif;  of  thit  |)rr««>iit  Art.  i>r  Hit 
Majint)'*  a.«Miit  thrrenntii.  ■'•all  mt  1«  aiiv  drtrr  mi  nation  nf 
lhi«  present  S  -»ioiii  ut  rdrii.iiiirnt .  hut  tiiat  th^i  |>rr<rnt 
KeaMi'ii«  of  I'arliamrut,  ami  all  Itilii  ami  matter*  what««»^Trr 
tle|vi.iiiiitf  in  rarlidmeiit,  and  n«'t  fully  eiiaiti-l  or  detrrmiued. 
and  all  Matutm  ami  AcU  uf  rarliam^-nt  whirh  hare  their 
(ontiiiuaoi-e  until  the  riid  ff  thin  prearnt  Srs«.unf  of  TarlM* 
nii-iit,  tliall  rrmnin,  coiitiuue,  and  he  in  full  toict,  m  if  thia 
Act  had  nut  hrvn. 


.lt>.     Thr  A«-t   aoai!«-t  ni«s'>ivi^i.  iiir  I.'t^ro  Parmaiiest 

WITIIOIT    IT*    "W^    ro!f%i:M. 
Il-kf  K'^,1'41      i;  I  «r   I   <-ai-    :      **ut-iir«  .-f  ti«  K#«l!it.  *    1:^ 

S«r  //i.l    .//■*;/    11    .15.,     \***} 

.In  Aet  to  ^fT'v^nt  \ntttn%tnu%ir*»  which  awi^  hajj^n  l^  fJU 
un*im*ly  tuljifurntn*/.  ^^rori>ytitny,  ur  «iiMo/nny  cAij  /•rvjrnl 
/'•ir/ririk^iil. 

\Vl.crf.w%  K'reat  ^umi  uf  Mniiirj  mujit  uf  ner«mty  («  »peniily 
a'Uikii'i«l  aijtl  |iriividril  for  tlie  iv!ief  of  lii«  Majeaty's  army 
ai.d  |*><i|>ir  in  tht*  iiorthrrii  |wirtii  ••;  tlii«  tralm.  ami  fi-r  prr- 
T'liTini;  tii«'  imminent  daii^'er  it  i«  in,  a!.«l  fiT  •u|i|>ly  of  other 
III*  .M.i;e  ty  •  |>reH*nt  and  iir^*-nt  nc(-Ji«ii<n«.  which  cannot  \m 
ik  tiTii  \\  r!?ri-trd  ai  it  rr«juii.t«  «i!l.>>.t  rre«iit  nt  rai>inir  the 
%*'t\  m  liirr  ,  whi.  Ii  rri*dit  ranni  t  U*  ohtaine*!  unfil  wch 
i>}<<*ai  !r«  1"  fir*t  iru.>'\id  a»  arr  li^vAki'Ji.ed  hy  fear*.  jeAlouiir* 
and  ai>i»rrl.rb»iona  uf  dncrt  iiii  llajcat)  •  lo}al  Milgccia»  i^*t 


1641]         The  Tonnage  and  Poundage  Act  159 

thifl  present  Parliament  may  be  adjourned,  prorogued,  or 
disflolYed,  before  justice  shall  be  duly  executed  upon  delin- 
quents, public  grievances  redressed,  a  firm  peace  between  the 
two  nations  of  England  and  Scotland  concluded,  and  before 
sufficient  provision  be  made  for  the  re-payment  of  the  said 
monies  so  to  be  raised ;  all  which  the  Commons  in  this  present 
Parliament  assembled,  having  duly  considered,  do  therefore 
most  humbly  beseech  your  Majesty  that  it  may  be  declared  and 
enacted. 

And  be  it  declared  and  enacted  by  the  King,  our  Sovereign 
Lord,  with  the  assent  of  the  Lords  and  Commons  in  this 
present  Parliament  assembled,  and  by  the  authority  of  the  same, 
that  this  present  Parliament  now  assembled  shall  not  be 
dissolved  unless  it  be  by  Act  of  Parliament  to  be  passed  for 
that  purpose;  nor  shall  be,  at  any  time  or  times,  during  the 
continuance  thereof,  prorogued  or  adjourned,  unless  it  be  by 
Act  of  Parliament  to  be  likewise  passed  for  that  purpose ;  and 
that  the  House  of  Peers  shall  not  at  any  time  or  times  during 
this  present  Parliament  be  adjourned,  unless  it  be  by  themselves 
or  by  their  own  order;  and  in  like  manner,  that  the  House 
of  Commons  shall  not,  at  any  time  or  times,  during  this  present 
Parliament,  be  adjourned,  unless  it  be  by  themselves  or  by  their 
own  order ;  and  that  all  and  every  thing  or  things  whatsoever 
done,  or  to  be  done  for  the  adjournment,  proroguing,  or  dis- 
solving of  this  present  Parliament,  contrary  to  this  Aot»  shall 
be  utterly  void  and  of  none  effect. 


31.  The  Tonnaob  and  Poukdaoe  Act. 

[Jane  aa,  1641.    17  Car.  I.  cap.  8.    SUtates  of  th«  Baalm,  t.  104. 

See  Hiti,  of  Engl,  ix.  400.] 

A  subsidy  granted  to  the  King,  of  tannage,  poundage,  and  other 
sums  of  money  jpayable  upon  merehandiee  exported  and 
imported, 

1.  Whereas  upon  examination  in  this  present  Parliament  of 
divers  of  the  farmers,  customers,  and  collectors  of  the  customs 
upon  merchandise,  and  likewise  upon  their  own  confession,  it 
appeared  that  they  have  taken  divers  great  sums  of  money  of 


l6o 


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VI '     :  .  • :      •  »  \    ■  •     •  ^  VI    ■  I-  •    ».i       •     .  .  ,   ;:.t     •).■  :r       r.-     r    i 

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r  i"i  .  ■    !    .1'-  %      •.•■-.,:.  ,    ..■ .  V.        .  .  •       .    i    A.    : 

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•.  *        I      !         ■  .  r       ■       :     ■  .'  .".!..;.         /•■ 


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e\er\    .. :    a    ji    ;.  •        .u:.*.     ».    :■     ''•t-.vr    j-...r    v^^t;    A..  1    •       l'     *..'.< 


1641]  The  Tonnage  and  Poundage  Act  161 

twelve  pence  aforesaid,  except  and  foreprized  out  of  this  grant 
of  Bubfiidj  of  poundage  all  manner  of  woollen  oloth  made  or 
wrought,  or  which  shall  be  made  or  wroaght  within  this  realm 
of  England  and  by  every  or  any  merchant  denizen,  and  not 
born  alien,  carried  or  to  be  carried  out  of  this  realm ;  and  all 
manner  of  wools,  woolfells,  hides,  and  backs  of  leather,  that  is 
or  shall  be  carried  out  of  this  realm  ;  and  all  wines  not  before 
limited  to  pay  subsidy  or  tonnage,  and  all  manner  of  fresh  fish 
and  bestial  coming  or  that  shall  come  into  this  realm. 

II.  And  further  the  said  Commons  by  the  advice,  assent, 
and  authority  aforesaid,  do  give  and  grant  unto  our  said  liege 
Lord,  our  Sovereign  for  the  causes  aforesaid,  one  other  subsidy, 
that  is  to  say,  of  every  merchant  bom  denizen  of  and  for  every 
sack  of  wool  thirty-three  shillings  four  pence,  and  of  and  for 
every  two  hundred  and  forty  woolfells  thirty-three  shillings 
four  pence,  and  of  and  for  every  last  of  hides  and  backs  three 
pounds  six  shillinf^s  eight  pence,  and  so  after  the  same  rate 
for  every  less  or  greater  quantity  for  any  the  same  merchandise 
more  or  less ;  and  of  every  merchant  stranger  not  born  denizen, 
of  and  for  every  sack  of  wool  three  pounds  six  shillings  eight 
pence ;  and  of  and  for  every  two  hundred  forty  woolfells  three 
pounds  six  shillings  eight  pence,  and  for  every  last  of  hides 
and  backs  three  pounds  thirteen  shillings  four  pence,  and  so 
of  all  the  said  wools,  woolfells,  hides  and  backa,  and  of  every 
of  them  after  the  rate,  and  such  other  sums  of  money  as  have 
been  imposed  upon  any  merchandise  either  outward  or  inward 
by  pretext  of  any  letters  patents,  commission  under  the  Great 
Seal  of  England  or  Privy  Seal,  since  the  first  year  of  the  reign 
of  his  late  Majesty  Ring  James  of  blessed  memory,  and  which 
were  continued  and  paid  at  the  beginning  of  this  present 
Parliament;  to  have,  take,  enjoy,  and  perceive  the  subsidiea 
aforesaid,  and  other  the  fore-mentioned  sums  and  every  of  them, 
and  every  part  and  parcel  of  them  to  our  said  liege  Lord  and 
Sovereign  from  the  five  and  twentieth  of  May,  one  thousand  six 
hundred  forty-one,  to  the  fifteenth  of  July  next  ensuing. 

m.  And  be  it  further  enacted  by  the  authority  aforesaid : 
that  the  said  subsidy  of  tonnage,  poundage,  wools,  and  other 
sums  of  money  shall  be  taken  and  employed  during  the  time 
aforesaid  to  and  for  the  intents  and  purposes,  and  upon  and 

M 


i6a 


ComHiMiemat  Datntmfntt 


1 


i«  OM  Art  MMb  ia  tlw  Plulhwat  WU  k  tW  AnI  ;w  rftha 

nMtU  An  Act  far  Ifc*  cnatv«  ut  •  fliibMr  to  d»  Kla*.  af 
TtaM^.  Pamdafa.  WmIi^  Aa. 

tV  AwlitiaW«l7«aclanrilMdMau»*fMMrhnhT 
fraalad  ains  iwhawltaa  an  aallW  n*m  u*m4td  to  to  tm- 
liMMd.  Int  Um  aw  to  In  banaAar  ia  lUa  r««iit  PariMMt 
•hand  ia  wuA  vutMr  aa  tUU  to  UMgkt  Si. 

V.  Pravyad  tkal  m  pamllj  or  tafciton  iiilili  I  to  Ikfa 
ynawi  Ad  «r  la  Iha  «U  Aal  Mda  (a  tka  flnl  yaar  arU^ 
Jataaa  Aa  ar  akaU  aaaaa  to  aar  yanaa  ar  fmmmti,  aat—  Ifeaj 
ntaaa  to  nwyoaad  far  amy  ■wAaadjai  ar  faoda  jMyrtid 
ar  parted  aAar  aalm  pna  of  ikb  ael,  paaal^,  aad  !■>• 
Mian  Igr  pnohwaHna.  wton  tto  mM  ^aod*  an  ar  aafU  to 

VL  Aad  ft  M  hrtlm-  aaartad  tint  aay  a 


liaa  ef  tUa  |t«iit  aUI  toka  ar  naain  or  aaan  to  ha  I 
ar  naiiwd  Ifca  mU  aatoMy.  aaaa  a(  aaaay  ar  aqf  i 


(aBMft  tto  MM  br  (nal  to  NrHaaial  ha  daik «  bf  ■ 
ffiaat  riMll  touaM  Jaa  ar  ban  baaa  aaaltoaaBr  |«U  ftaa  Ua 
Mi  af  tka  nJn  of  tka  bto  Kii«  BiwaH  ll»  IkM  nifl 
*a  bagiaatoK  ol  tka  n%B  of  dw  lato  Qaaaa  Itarr),  Aatt 


to  tto  aisttaalh  JMT  al  Kl^  Wabrd  Ik*  Snaad,  aad  lAal 
aba  tmm  itoanJialt  to  dinUad  Aartoff  Ua  Hfc  to  aM  ar 
patMa  la  aay  artiaa  nal,  nlBad  at  panaal,  ar  to 


VII.  Ptvridad  alva^  ttol  tUa  AH  itoQ  aat  aatoad  to  aaj 
iHpiMitMa  er  iharfi  apoa  u^  aart  of  tabaeea  o(  IfagHit  ftoa- 
nbaaa,  tat  that  tba  Had  totonaa  atoll  to  ehaf|ad  mkf  wilk 
tba  f^waal  t4  l«a  paac*  to  Ikt  peaad  aad  aa  aarai 


k 


1641]  The  Ten  Propositions  163 


32.  Thk  Ten  Pbopobitions. 

[June  24,  1 641.     Ruihworth,  it.  298.    See  Hist,  of  Engl.  ix.  401.] 

A  large  conference  with  the  Lords,  concerning  several  particulars 
about  disbanding  the  army,  the  Capuchins^  SfC. 

I.  The  first  head,  concerning  the  dishanding  of  the  armies ; 
and  under  this  there  are  several  particulars. 

I.  That  five  regiments,  according  to  the  former  order  of 
hoth  Houses,  be  first  disbanded. 

a.  That  the  Commissioners  for  Scotland  be  entreated  to  retire 
some  part  of  their  aimy. 

3.  That  their  lordships  will  join  with  us  in  a  petition  to 
His  Majesty,  to  declare  his  pleasure  concerning  the  disbanding 
of  the  five  regiments,  for  which  there  is  present  money  provided , 
and  of  the  rest  of  the  army  as  soon  as  money  is  ready. 

4.  And  to  declare  if  any  be  refractory,  and  contemn  His 
Majesty's  authority,  that  he  will  use  it  for  the  punishment 
of  them. 

5.  And  that  the  Lord  QeneraP  go  down  to  his  charge  of 
the  army,  and  begin  his  journey  on  Saturday  next ;  and  that  the 
Master  of  the  Ordnance  go  then  down  also  to  take  care  of  his 
charge  of  artillery. 

II.  The  second  head  is  concerning  His  Majesty's  journey  to 
Scotland. 

That  His  Majesty  will  be  pleased  to  allow  a  oonvenient  time 
before  his  journey  into  Scotland;  that  both  armies  be  first 
disbanded,  and  some  of  the  business  of  importance,  concerning 
the  peace  of  the  kingdom  depending  in  Parliament,  may  be 
diapatched  before  hb  going:  this  is  seconded  with  diTon 
reasons. 

1.  The  safety  of  His  Majesty's  person. 

2.  Preventing  the  jealousies  of  his  subjects. 

3.  Suppressing  of  the  hopes  of  persons  ill-affected,  that 
may  have  designs  upon  the  army  to  disturb  the  peace  of  the 
kingdom. 

*  The  Sari  of  HoUaad. 


164  Cfmsiituiiimal  Documents  ;i««i 

4    (Sri-iif  .I'lvantntfo  to  \\\^  Kintr '«  alfAirt.  anJ  routfntmfiit 

t;.  That  w*fiie  of  thr  \\\\\%  nnw  firprniiinff  in  Parliament, 
whrrviif  iliTi-r*  arr  M-nt  u|i  alrraiiy  tn  thr  Lonii,  aiiil  •mnr 
|>r>cer«litig  in  thH  IIhuip,  iua\  itrrivr  hu  n-^al  aavrnt  befi'rv 
hr  Ki>  t«>  S<*titlan<i ,  an«l  that  wr  ma\  have  time  to  paaa  the 
Hill  I'f  ToniisKr  to  Hill  Majeftty  for  luppiirtinfr  (<C  the  rojal 
t-^tati',  and  to  ■«'ttlr  Hii  Ifaj^^tr'f  rrvrnup*  fi>r  the  l«»t  adrao- 
lAK'^  of  Hm  iieririce ;  afvl  for  tliete  rra«<»n«  to  allow  ttme  tine 
)«rfi)rr  he  f(«>  iii'o  the  Nurtli. 

Ill  The  thini  h*-ail,  coiirerning  Hit  MajetCj'i  CooDcil  aftd 
Minister*  of  State. 

I.  It  th  lluuir«  to  niAki"  luit  to  Uii  Majesty  to  rem-Te 
tntm  him  all  turh  rt'iintellorii  a*  I  am  ru:itniaii>!eii  to  deacrihe , 
\\t.  -u.  It  AB  have  leeii  active  t(ir  the  time  |Nut  io  forthariaf 
thiae  courses  cwintrary  to  reliffion.  lilierty,  ipood  goremaiat 
of  the  kin^dutii,  anii  a*  have  lately  intemted  thrraielTrt  in 
thoti*  (  nunciU.  to  »tir  up  iliviMon  lietveen  him  and  hia  people. 

a  A«  we  desire  r^m-val  «}f  thoae  that  arr  en],  ao  to  takt 
iiiti>  hia  Council  t*r  luanaKing  of  the  trreat  affain  of  ihia 
kiKfrili>m  anrh  o(Kcer«  and  r«tun«ell  "ra  aa  hia  people  and  Tarlui- 
nifut  ni!%>  hare  juit  rautp  to  rinifiir  in.  Thia  ia  all  coDCtraiBf 
th«-  ihinl  hff*ad. 

IV.  The  fourth  lie.id  t'ln  titiff  the  i^uf^n'a  Ifuat  Eieelltttt 
llajr«t\.  «hi'  li  lontaineth  direra  particulara. 

I  That  11  If  Majeaty  \w  pleaaed,  hy  ailriee  of  hia  KarliaaMBl« 
to  fietfuade  tlif  ijueen  to  accept  aorne  uf  the  nohility,  and 
othen  of  trupt.  into  llrr  M^eity'a  ■errice.  into  auch  plaoaa  aa 
Are  uiiv  in  htr  diapoaal. 

i  That  no  Jeauit,  nor  any  m  ordera.  what  countrrmen  ao- 
rvi*:.  whrther  Krauch  or  Italian,  he  recaieed  into  VLm  Maj«al|'s 
•r:vicr;  nur  any  Trieata  of  Ilia  Uajarty  a  dominioa.  Eoffliah 
>^iittiiih  Mr  lri*h.  aitd  that  tlity  be  reatraintd  fria  eofliisf  to 

t  he   <  out  t 

)  That  the  Colleffe  of  (^apurhina  at  SuoMraet  HooM  nay 
he  li'.aiolveil  aiitl  aeut  out  of  the  king^lom.  Theoe  two  which 
I  la%t  mentiiinc«l  r>)nceming  the  Qneon,  Pricita.  Jetuita  aftd 
('a|>ichiiia.  I  am  ci>mmand«d  tn  delirrr  you  aome  portACttlarv 
lui. 


i64x]  The  Ten  Propositions  165 

(i)  Public  danger  and  scandal  of  this  kingdom^  and  peace 
of  the  kingdom. 

(a)  The  disaffection  of  some  of  those  wicked  conspirators 
is  expressed  in  two  lettei^s;  which  letters  were  here  read 
openly. 

(3)  A  particular  letter  of  Father  Phillips  here  also  read. 

(4)  Because  of  the  Priests,  Jesuits,  and  the  College,  there  are 
divers  great  quantities  of  gold  transported  frequently. 

(5)  Particular  touching  the  Queen  is  upon  special  occasions 
of  His  Miyesty's  absence,  that  their  lordships  will  be  pleased 
to  join  with  us  to  advise  the  King  that  some  of  the  nobility, 
and  others  of  quality,  with  competent  guards,  may  be  appointed 
to  attend  the  Queen's  person,  against  all  designs  of  papists, 
and  of  ill-affected  persons,  and  of  restraining  resort  thither 
in  his  absence. 

v.  The  fifth  head  concerns  the  King's  children,  that  some 
persons  of  public  trust,  and  well-afifected  in  religion,  may  be 
placed  about  the  Prince,  who  may  take  care  of  his  education, 
and  of  the  rest  of  his  children,  especially  in  matters  of  religion 
and  liberty. 

VI.  The  sixth  head  coucerneth  such  as  shall  come  into  the 
kingdom  with  titles  of  being  the  Pope's  nuncio,  that  it  may 
be  declared  that  if  any  man  come  into  this  kingdom  with 
instructions  from  the  Pope  of  Home,  it  be  a  case  of  high 
treason ;  and  that  he  be  out  of  the  King's  protection  and  out 
of  the  protection  of  the  law ;  and  I  am  to  inform  your  lord- 
ships, tliat  there  is  notice  given  upon  very  good  grounds,  that 
Count  Rossetti^  doth  yet  continue  in  the  kingdom  and  yet 
resorts  unto  the  Court. 

VII.  The  seventh  head  is  concerning  the  security  and  peace 
of  the  kingdom. 

I.  That  there  may  be  good  lord-lieutenants,  and  deputy- 
lieutenants;  and  such  as  may  be  faithful  and  tiiisty,  and  careful 
of  the  peace  of  the  kingdom. 

a.  That  the  trained  bands  be  furnished  with  arms  and 
powder,  and  bullets,  and  exercised  and  made  fit  for  service; 
and  that  a  special  oath  may  be  prepared,  by  consent  of  both 

*  The  Pope's  Agent  %X  the  Queen's  Court. 


■66  dmshhittoHai  Doeununis  it^i 

HouMi.  AutlM>ria«<l  \\y  U*  :  And  to  tie  taken  hx  thr  UjciI- 
UcutriuuiiB  Miiil  ilrputy  lieutriiAUtA,  rafilAin*.  ami  oilier  uAitfi, 
■ucL  «n  until  M  u^v  \tr  tit  to  teiuir  UB  in  tLew  tiBi«  ol 
ilangcr 

3.  Tli«t  thr  rii)c|u«*  I'ortii  and  all  the  porta  of  the  kiugiUfm 
mav  he  put  into  gtioii  hand»;  and  a  Ii»t  of  thoM  in  whoa* 
cliarfTT  thr  J  uo«  are  maj  he  pre*«nted  in  I'arliMMnt,  and  tptcial 
care  takm  for  the  rr|«ration  and  proYitioo  of  thote  foiia. 

4  Tlwt  my  Lord  Ailmirml '  may  inform  th«  Farliammt  in 
what  caw  Hi*  Majesty '■  navy  ip  whuh  if  to  ht  pro«ide«l  for 
out  of  ti>niiaffe  and  pouu<lage  fur  the  •rcurity  and  peace  «/ 
the  kingdom 

VIII.  The  riirhth  head,  thai  His  Majesty  bt  plaa»«d  lo  give 
directi«>ua  to  hit  Irarned  cuuudi  t^i  prr|iArr  a  georial  pardua 
in  puch  A  laigt  manner  aa  luay  be  for  the  rrlitf  uf  Hit 
llajevty'f  *ukijrcta. 

I\.  The  ninth  h<-ail  doth  cunt^ern  a  c<<mmittr«  «if  buih 
Houaet.  that  tlu-ir  loidahipa  would  apfioint  •  nuiiii«r  of  their 
membrn  to  join  together,  with  a  propurtiunaldr  number  of 
this  House,  who  fruin  time  tti  tirur  may  coufrr  upon 
particular  cauirs,  aa   shall  he   moat  effectual  fur  the  comi 

X.  The  tenth  and  Ust  Lead,  that  Hi«  Maj«**t>  be  moveil 
that  hr  «ii)ulti  lie  |>ic*aMd  tn  lje  veiy  a|«riiitf  in  vcndii.g  for 
FapiPt*  to  (  i'Uit.  and  tliat  if  any  »hi«uld  oim*-  tiithoot  heiag 
M'ht  Ut.  that  thr  U«it  be  scvnrly  put  in  ciei-utiou  agaiBsl 
thrin  ,  and  th.it  the  Kn^hsii  Uiiirs  that  arr  rrx  uMUts,  t»e  rr 
mnteii  fn>m  ('«>urt;  and  that  ilia  llajeaty  lie  moved  to  givt 
hi»  a*trnt.  tliat  thr  |riscnff  tif  thr  nn'st  artive  Papiftia,  eitbrr 
I«<<rii»  ti|  (\)mm«>ui.  may  lie  m>  n-atrained  as  may  lie  »•  at 
i.eteMAiy  !'>•!  tl.r  •.lU-tv  of  the  kin^'iii  m  .  anil  that  n*'  |en»i>  nt 
lie  al^a>>t  t>>  »Ui)i  rn-u«ai.*»  a»  air  hrM  liAiireroua  to  tlir  at^te. 


1641]  Bill  on  Church  Reform  167 


33.  Bill  on  Chubch  Reform  read  twice  in  the 

House  of  Lords  ^ 

[HooM  of  Lords'  MSS.    First  reading  J  uly  i ,  second  reading  July  3, 1 64 1 '. 
See  Fuller,  Church  Hittoiy,  ed.  £rewer,  vi.  188;   Sist.  of  Engh  ix. 

409-] 

An  Act  for  the  better  regulating  of  Archbiehops,  Bithojye,  DeanSj 
Deans  and  Chapters,  Canons  and  Prebends,  and  the  better 
ordering  of  their  revenuss,  and  for  the  better  governing  of 
the  Courts  Ecclesiastical  and  the  Ministers  thereof  and  the 
proceeding  therein. 

Whereas  the  preaching  of  Qod's  Holy  Word  hath  of  late 
years  been  much  neglected  in  several  places,  and  to  the  end 
that  Archbishops  and  Bishops  may  from  henceforth  give  good 
examples  to  others  in  Holy  Orders,  by  doing  their  duties 
in  their  own  persons  for  the  better  instmction  of  the  people 
committed  to  their  charge,  His  Majesty,  out  of  his  abundant 
goodness  and  religious  care  of  the  souls  of  his  people,  is 
graciously  pleased  that  it  be  enacted,  and  by  the  authority 
of  this  present  Parliament  be  it  enacted,  that  every  Arch- 
bishop and  Bishop,  being  under  the  age  of  seventy  years, 
and  not  being  hindered  by  sickness  and  being  within  bis  dio- 
cese, shall  from  henceforth,  from  and  after  the  first  day  of 
January  now  next  ensuing,  upon  every  Lord's  Day  throughout 
the  year,  preach  in  some  one  Cathedral  Church,  Parish  Church 
or  public  Chapel,  upon  pain  to  forfeit  the  sum  of  five  pounds 
for  every  default  therein,  to  the  use  of  the  poor  of  the  same 
parish  where  the   said  Archbishop  or  Bishop  shall  then  be, 

>  Indorsed  <The  Bishops*  BiU.  Hodie  i*  lice  lecU  est  Billa,  i«  Jnlii, 
1641.    a'  vice  lecU  est  3®  Julii,  1641.    Committed  to  the  whole  House.' 

'  Faller  says  that  the  bishops  and  divines,  directed  by  the  lords  '  to 
consult  together  for  correction  of  what  was  amiss '  in  the  Church  *  and  to 
settle  peace/  of  which  John  Williams,  Bishop  of  Lincoln,  was  chairman,  con- 
siderea  four  subjects  : — Innorations  in  doctrine ;  innorations  in  disdpline ; 
the  Conmion  Prayer ;  and  regulation  of  goTemment.  Their  pioposal  on 
the  latter  head,  he  says,  'was  not  brought  in,  because  the  Bishop  of 
Lincoln  had  undertaken  the  draft  thereof,  but  not  finished  it.'  Fuller 
seems  to  have  been  mistaken,  as  the  Bill  here  given  was  certainly  brought 
into  the  House  of  Lords,  and  can  hardly  be  other  than  that  pnmosed  by 
WUliams. 


^P        IM                   C'lMuAAiiHMM/  Dvtitmmti                  ^'^'^^^l 

whn  la  aila  ink  WkaH.  Md  oT  ll»  p»r  •(  IW  tan 

lb  (mil  a<  anrr  mA  •tmtm  hf  <Una  ••J  all  Ibtnl, 

If  m;  IM  Jiaio  •<  U»  Fm  >!>•  ar  •»  aclliiuM  ••  >b 

rbo  wlan  HMk  i«an  iUO  la  aa-IlM,  b  ba  imtU 

rf  a.  »iJ  iCTtil  iirlrl  II  -i  rmj  wl  !>».    AW  u  lb 

»;  aot  b>  Uadma  to  d>ibi|>  iWr  dula  ■•  lb  <■>  |< 

Udais  BbHM'an.  Ti..  «  Mbr  ro.  .baamr.  UM 

U  Hoir  Oidaa  wilk  cu>  </  Kidi^  ibll  •>  uf  Ua«  tea  ••< 

•fbrlb  aid  int  daj  rf  JuBi;  bn  aq  aab«a  ar  aata, 

w  aaa  ar  axaeala  aarpomrar  aatbrity  la  lb  Caanaaaallr 

adW  lb  Slai-Cbabr.  aar  ibll  bn  aaf  >ilrar>  a.  niaa. 

a.  aa  >  aaaaala  aa;  jaliaial  pnar  ar  aalbril>  U  aaj 

ar  Faaaa,  aa  aa  at  aaaaato  lb  a^aa  i<  a  Janiaa  >t  lb 

Waia:  aa  ibll  bn  a  nOaf  aa;  jadiaial  laaa  a  flaa 

IB  aaj  af  lb  aid  Caaila,  aa  ibB  aaaaato  aaj  mmmitdm 

aa  ibil  b  a(  lb  Pri>;  Oaaad  a(  Hia  Uaiall,  Ua  bin 

bn,  nai<a.  aa  a  ai.au  .aj  al  lb  aid  oCat  rfaaat 

kgr  lb  aalbailr  aianaid.  Ibl  all  aau  baa  aad  a*a  lb 

aU  >M  da,  a(  Jaaaj  .Uat  daU  b  daaa  a  aaaaaad 

ft)  aagr  AnhbUaK  IMap.  Paaa^  r>ar  a  olbr  paaa 
•bbaani  ia  Hair  <Maa,  aad  all  aad  an^t  aflaiat  Ma 

aad  aalaa  to  b  (ina  a  daliiaad  I7  Iba  a  aa;  a(  Iba. 

caalnry  to  lb  paipat  aad  Itaa  aiiaiag  af  lUa  fill  Ml 

aad  ra.|..ai    aal  b  .1  lalb.  nuld  k,  lb  aUbrilJ 

». 

id40  Bill  on  Church  Reform  169 

aforesaid,  that  if  any  Archbishop,  Bishop,  Parson,  Vicar  or 
other  person  whatsoever  in  Holy  Orders  from  or  after  the 
said  first  day  of  January,  shall  give  his  or  their  votes,  suf- 
frage or  voice,  or  shall  do  or  execute  anything  prohibited  or 
forbidden  by  this  Act,  contrary  to  the  true  intent  and  meac- 
ing  thereof,  shall  for  the  first  offence  forfeit  and  Jose  so  much 
money  as  shall  amount  unto  the  full,  and  true  value  of  one 
whole  year's  profit  and  benefit  of  all  his  and  their  spiritual 
and  ecclesiastical  livings,  benefices,  dignities  and  promotions 
whatsoever,  the  same  to  be  recovered  in  any  of  His  Majesty's 
Courts  of  Record  by  action  of  debt,  bill,  plaint  or  informa- 
tion by  him  or  them  that  will  sue  for  the  same,  in  which 
suit  no  essoine,  protection,  wager  of  law,  aid,  prayer,  privi- 
lege, injunction  or  order  of  restraint,  nor  any  more  than  one 
imparlance  shall  be  in  anywise  prayed,  granted,  admitted  or 
allowed,  the  one  moiety  whereof  to  be  unto  our  Sovereign 
Lord  the  King,  his  heirs  and  successors,  and  the  other 
moiety  to  him  or  them  that  will  sue  for  the  same.  And 
if  any  Archbishop,  Bishop,  Parson,  Vicar  or  other  person 
whatsoever,  once  convict  of  any  offence  concerning  the 
premises  or  against  whom  any  such  recovery  shall  be  had  as 
aforesaid,  shall  therein  offend  again  or  shall  thereafter  do 
anything  contrary  to  the  true  intent  and  meaning  of  this  law, 
and  shall  be  thereof  duly  convicted  by  indictment,  information 
or  any  other  lawful  ways  or  means,  then  such  party  shall 
from  and  after  such  conviction,  forfeit  and  lose,  and  be  in- 
capable to  hold  all  and  every  the  spiritual  and  ecclesiastical 
livings,  benefices,  dignities  and  promotions  which  he  shall 
then  have,  and  be  from  thenceforth  utterly  disabled  to  have, 
receive,  take  or  enjoy  any  the  same  spiritual  or  ecclesiastical 
livings,  benefices,  dignities  or  promotions  whatsoever ;  and 
that  all  the  spiritual  and  ecclesiastical  livings,  benefices, 
dignities  and  promotions  which  he  shall  have  at  the  time  of 
such  conviction^,  shall  be  to  all  intents,  constructions  and 
purposes  utterly  void.  Provided  always,  and  be  it  enacted 
by  the  authority  aforesaid,  that  no  lapse  shall  incur  against 
the  patron  or  such  person  as  ought  to  present  unto,  collate 
or  dispose  of  all  or  any  such  spiritual  or  ecclesiastical  bene- 

*  CoBveution  in  MSL 


CoHftitMhamoi   Dvcmmnttt 


1 


MliM  gmn  \iy  thm  UnUnvj  ot  Um   Ummm  witkia  wUtli 
•wfc    ipitiMkl    or    >wlwMWiBal    U*iagi   twrfiw.   lUgBllj   a* 


1  b>  it  likawwi  hrtJMT  [i>mii»d  ud  MMtad,  t 


•■to  Um  iMraw  of  uy  jarwlklM,  imw*  w  Mlt— ill 
withb  litfctr  of  tW  im  UdnniliM  or  Um  UbMiM  likMit 
aor  sab  aay  |MnnB  ar  ftnm»  baiaf  ar  who  karallOT  dhaU 
ba  b  Boly  Onlan.  lad  «ha  la  ar  iMn^br  aUI  ba  a  Daka, 
Mw^aia,  Kmti,  VlMMt,  Bwaa  ar  Fkar  of  tUa  U^'Abm  Igt 
4aae«Bt,  nar  nata  iha  aianiaa  of  taj  tfca  powar  <f  a  Jartiaa 
af  haoa  al  aay  timt  hvtiote*  gma  bj  aay  Aal  «l  Parlia- 
■Bt  to  tka  OMb  af  Wiafif  vitUa  Ik  UWUa  rf 
WolHiaolw.  at  Saiat  Martia'i  La  Qnmi  kt  Uados. 

Aad  to  tte  wa  ttat  AnkWahopa  aMi  Babafa  wilUa  tMr 
aiitMBl  rlJBOMai  Btj  hava  Mcb  aniataaaa  aa  wmj  b««dtor 
toad  aad  bo  iortba  batur  nuMJaa  af  Ihair  aaU  oAato  ml 
plaeai,  ha  It  Ihwafoia  aaaalad  by  Iba  aalbarily  afciMaid. 
tbal  vilUa  wmj  lUn  m  ttmAy  of  oodi  Mvaral  4toaM 
wHUa  tba  UafdoB  af  Bafkad  and  iliiiatolm  of  Walaa  ttata 
b*  aaaiinalaJ.  ia  aaeh  aMaa»  aa  la  hmmMm  aspaaaai, 
twaha  tobiotora  faauf  ia  Holy  Ordiaa.  omI  Uiaf  ft  bMb 
ia  PHfatt  Wlhair  Ida  aad  daelriao,  to  W  aaiolaato  to  oowy 
aaak  AfiihlilrfM|i  aad  Btobof^  tijaUiir  vitb  tha  Dwa  Md 
Oh^iar  af  aaok  aavofal  diaaaaa,  ia  ooafKri^  af  Holy  Owkn 
Md  ia  tba  aar^  tad  adMaiatntioa  af  nrlidtolhal  Jatto- 
tfrtka,aad  braaeb  otbor  paryiw  aa  bo  hiaiaftar  daaJaiad; 
a^  UmI  aaaa  a(  Um  nid  ArabfaiAoiM  ar  Bbbara  at  aajr 
itM  frM  bMoateUi  iUI  aoalv  aajr  Boly  Orioto  apoa  aay 
faiMB  or  foiiBaa  wilbaat  tba  praaawo  aad  affrabatio*  •( 
Um  af  tba  toiU  wiiitMto  at  Iba  Uaal;    aad  tlwt  aaao  if 

Ika  Mid  Afilihiabiiia  ar  Biabnya,  ar  aaj  Daa,  AriH 

-         -        -        ■ -  „u^   _„^ 


1641]  Bill  on  Church  Reform  171 

or  other  person  in  Uoly  Orders,  or  any  sentence  of  excom- 
munication or  absolution  of  or  against  any  person  whatsoever, 
or  shall  proceed  to  the  final  sentence  of  any  cause  whatsoever 
depending  in  any  of  their  several  Courts,  or  to  the  sentence 
or  taxation  of  costs  or  charges  of  suit,  or  to  the  making  of 
any  request  or  instance  to  any  ordinary  or  superior  Judge  to 
hear  or  determine  any  cause  depending  before  them  without 
the  presence  and  appiobation  of  two  or,  at  the  least,  of  one  of 
the  said  assistants  next  dwelling ;  and  that  the  said  assistants 
shall  from  time  to  time  be  nominated  or  chosen  in  manner 
following,  that  is  to  say :  before  the  said  first  day  of  January 
four  of  them  by  the  King's  Majesty,  his  heirs  or  successors, 
under  the  sign  manual;  four  other  of  them  by  the  order  of 
the  Lords  in  Parliament  assembled,  and  the  other  four  by  the 
order  of  the  House  of  Commons  in  Parliament  assembled; 
and  upon  the  death  or  removal  of  any  of  the  said  assistants 
out  of  any  of  the  shires  or  counties  in  the  several  dioceses 
aforesaid  respectively,  such  other  person  or  persons  shall  be 
named  in  their  stead  and  to  supply  their  rooms,  as  by  His 
Majesty,  his  heirs  or  successors,  shall  be  nominated  and  ap- 
pointed in  like  manner  as  is  aforesaid,  which  said  assistants 
and  every  of  them  respectively,  shall  from  time  to  time 
hereafter  give  their  personal  attendance  in  and  for  the  due 
execution  of  the  trust  by  this  Act  in  them  reposed,  at  each 
public  Ordination  within  each  several  diocese,  and  at  such 
other  times  when  any  such  sentence,  or  any  such  taxation 
of  costs,  or  any  such  act  for  request  or  instance  shall  be 
made  as  is  aforesaid,  upon  sufiicient  notice  to  be  given  or 
left  at  their  several  dwelling-houses  by  the  known  apparitor 
of  any  such  Archbishop  or  Bishop  by  the  space  of  fourteen 
days  next  before  any  meeting  shall  be  had  for  any  of  the 
purposes  aforesaid;  and  if  any  such  assistant,  having  such 
notice  as  is  aforesaid,  shall  fail  to  appear  at  the  place  so  inti- 
mated unto  him  aa  is  aforesaid,  that  then  the  said  assistant 
for  every  such  default  shall  forfeit  £10,  to  be  levied  by  distress 
and  sale  of  the  goods  of  every  such  offender  (rendering  to 
every  such  offender  the  overplus)  to  the  use  of  the  poor  of 
the  parish  where  such  assistant  shall  be  then  dwelling,  by 
warrant  from  any  Justice  oi  the  Peace  next  or  nigh  adjoining 


17^  ( oH>iUHhonai   Documenh  \i^\ 

to  the  ftAiii  |«ri«h.  tu  )«  li  rritni  to  tht-  (••rtftta^lr.  ihur^h* 
wardfii  Of  livrivcrr  fl  the  kAiiir  pArii>b  nr  Ab%  if  then.  unlcM 
the  uid  lifftiiiirr  ihall  have  luch  re.uioi.abIe  cicum  for  hii 
•aiil  ilrLtult  M  ^lklll  be  aIIuwmI  by  thi-  •Aid  Archbithop  or  by 
the  liithop  of  thr  wtkiur  iluiceee  aiul  the  mhI  tiien  i>ther 
AMuUiit*  re«|trctiTeiT.  ur  the  ^re^ter  uutubtr  of  them,  with- 
io  thr^w  mouthi  nnt  diftrr  dii.v  "Uth  ilrfault.     AikI  \ft  it  abu 

m 

eUiictttl  bj  the  aiithfrity  afurrMiii,  that  all  trntei.crt  aod 
uthcr  uf  th«*  acta  of  Tourt*  AfiTetaul.  «hiih  at  aiiv  Ume 
bereattrr  shall  Ije  %ye*\,  prunouiu'r*!.  drcUrnJ  or  iiiadr  in  any 
othrr  iiiai.iii'i  tli«u  ik  by  thii  preteiit  Act  ap|H«ix.teii.  thall 
be  utt«Ti\  Tdiii  to  all  intriita  aihI  purpo^ci  ;  ami  that  all  aiiil 
t^Vf-rv  Ar«.hlii>h«i|i.  liifih«|>  and  <  tber  the  «s-rlr«iMticaJ  Ju'lfTca 
«ftireMi'l  which  lihall  nfired.  liHii.nuitce.  (it-clare  or  tiiakr 
any  ot  the  Mid  "eiitriiceB  or  a<.ti  of  <'ourt,  ur  which  •iiall 
confer  «n\  ll-Iv  <  *nier>  tithrrwi^e  •li.in  .!•  bv  thi-  Ait  i« 
liniit«ti  AU\\  a)>|>tiiiitf-«r  ^h«ll  iyo  Ptctc  be  »u«|«iidr«l  fnjis  tl*t 
•Kfri'i»'-  tif  tliiti  Niid  im|iecti\r  piace*.  «*ffii*'*  ai.d  luncti  i.« 
bv  tltr  f»i>a<  I'  lit  lifie  «»lj>-le  \i*.ir  nnt  en»uii  k;  rteiv  ■uci. 
i'tlrncr,  iiiiil  «hall  li-ilrit  ?i>r  fverv  tui  !>  liflrif. «■  tKr  auni  >  ! 
jCioo,  t>  liT  n-ci%'iril  li\  I'lil  a4'M>  II  p^aiii!  ^r  intuiniati' u 
by  any  |4*i*<iii  that  ^!t^i!  ^\i»  f-r  tKe  ^aiue  ii.  any  of  Hn 
M.i;r-t>  •  <  oii't-  >f  Ki-«i>ri)  ii.  uluih  i.«>  %i.i^rr  ••!  law.  e^aoint 
|iii>*<  •  tifii  jiri%ii<'.'i-.  iiijuiicti' It  •!  ••Mn  uf  nttiiiint,  n^r  ^uy 
inure  tK.iti  '  nr  imjarlaiice  ithail  br  .fttln.ittcd  or  alluwfd.  the 
one  ni«'iity  ••!  ti.e  i^aid  ImiViturc  t"  \k  tn  aach  pervon  or 
|ier^  n«  m.%  «ill  »ue  fur  thr  iiAtiir  ai.il  *r.r  ctl.rr  tn  )ir  employ*^ 
to  aiiil  foi  thi  ir.irt  •!  tr.c  |««  i  «•!  the  |Miiiii  u:.e:»  the  taid 
oflebir  ^hall  l^*  f  :i::iiittrtl 

.^Il•i  t'.Rt  ft>  in  hr:.irf'iith  «U(  h  |>riMi|iM  mat  lir  |  refer re^i 
til  \*  At::  '  "yt  ai.d  )ii«!.<>|«  %i).ith  •l.all  bv  uf  the  tj<tt 
i't«k't:*>  «f  :^r.  <M  111. 'neM  <t  il'- *r'.i.r  mill  fitnrM  !iir  |^>Tcrx.- 
:i.>ii(.  t<  .t  tf.*:'*  r*  rt..%>  tfj  '\  »i*.'.-nty  ot  thii  preaci.t 
I  ai  ii.iiiii  :.t  tl..«t  i.]*i.  r\rry  a\<::tr.ir  uf  any  •!  the  A:«h- 
bi»)ii|*  •!  \  :•'•.•  )•«  .1!  rir«iil  at  ai.v  ti!u«-  heieaftt  r  t*  tn-  luaaie. 
t..«-  1 '1  .ti.  ai,<l  <'i.a|!**i  tjf  eai'f>  •'•\tial  ili  1  e^  rer|<rctivrly  aii«l 
thr  vai  i  .ti'-i^tai/o  •  I  all  thr  -hite*  abd  o>Ubtira  within  lh« 
*%x\  ii  -  «i  •  •<  •••  i«  nauie*i  a*  ii  aforeaai  1  ir  the  fTflmr 
;«uu.bei  ul  ti.«.   kai«i  I>cai.,  Cr.apttr  and  aaaittauta  th«n  hving 


1641]  Bill  on  Church  Reform  173 

within  twenty  days  next  after  every  such  avoidance,  shall, 
by  a  writing  under  their  hands  and  seals,  recommend  and 
present  to  His  Majesty,  his  heirs  or  successom,  the  names 
of  three  persons  in  Holy  Orders  within  the  same  or  any  other 
of  the  said  dioceses,  whom  in  their  judgments  they  shall  hold 
fit  and  worthy  for  so  great  a  function;  and  that  thereupon 
HiB  Majesty,  his  heirs  or  successors,  shall  and  may  be  pleased 
bj  his  or  their  Letters  Patents,  under  the  Great  Seal  of 
England,  to  nominate  one  of  the  said  three  persons  to  be 
Archbishop  or  Bishop  of  the  see  so  respectively  being  void ; 
and  if  the  same  be  a  Bishopric  which  shall  be  bo  void,  that 
then  the  nomination  by  His  Majesty,  his  heirs  or  successors, 
to  be  as  aforesaid  made,  shall  be  made  to  the  Archbishop  of 
the  Province  within  which  the  see  of  the  said  Bishopric  shall 
happen  to  be;  and  if  it  shall  be  an  Archbishopric  which 
shall  be  so  void,  that  then  every  such  nomination  shall  be 
made  to  the  other  Archbishop  or,  in  his  vacancy,  to  four 
such  Bishops  within  this  realm  of  England  as  shall  be 
thereunto  appointed  by  His  Majesty,  his  heirs  or  Bucce8K>r8 ; 
and  that  with  all  convenient  speed,  after  every  such  nomi- 
nation to  be  made  as  is  aforesaid,  the  said  Archbishop  or 
four  Bishops,  to  whom  the  same  shall  be  made  as  is  aforesaid, 
shall  invest  and  consecrate  the  said  person  so  nominated  to 
the  said  Archbishopric  or  Bishopric  so  being  void;  and  that 
every  person  hereafter  being  so  nominated  as  aforesaid  to  any 
Archbishopric  or  Bishopric,  and  so  invested  and  consecrated 
and  receiving  their  temporalities  out  of  the  bands  of  His 
Majesty,  his  heirs  or  successors,  and  taking  their  oath  and 
making  their  homage  as  in  such  case  is  now  accustomed, 
shall  and  may  from  thenceforth  be  installed  and  have  and 
take  their  restitution  out  of  the  bands  of  His  Migesty,  hia 
heirs  or  successors,  of  all  the  possesrions,  rents  and  profits 
belonging  to  the  said  Archbishopric  or  Bishopric  wherennto 
they  shall  be  so  nominated  as  ir  aforesaid,  and  shall  be  from 
thenceforth  enabled  fully  and  to  all  intents  and  purposes  to 
do,  execute  and  perform  all  and  every  thing  and  things  in 
the  present  Act  expressed  and  declared  to  be  done  by  every 
such  Archbishop  and  Bishop  respectively,  and  in  such  manner 
as  in  and  by  this   present  Act  is  expressed,  limited    and 


ftppwitad,  Md  «1m  to  do  lU  aafc  tttkw  tkiaf  or  thinf*  m 
ooy  ARhbUdf  or  Btabof  of  tko  mm  no  ■i(bt  UwfsUr 
do  bAn  tko  nokbv  of  Ikfe  prrooM  Art ;  oad  if  Um  hU 
Dm.  (liopKr  o»l  udMoola  lUI  drihr  or  M>r  •»»  iWr 
noaioolim  oad  |ir»onl»ort  af  Um  noan  si  tko  vM  Ikrat 
p«HM  kaflor  tlMft  bj  tko  ■!■<«  of  Innty  dop  oosft  oAor 
IW  orddoaoo  tl  mt  mA  AioUiilaffk  or  »ijiii|iili  ol  U 
•knooid.  Hat  lko«   •pa  one;  o«b   doiudl   lb   KliCo 

MalMr.  Wo  koln  Old  mil ol  lUr  libM;  oad  |1 i. 

■ImI]  omJ  omj  oooiiaolo  oad  foooml  oay  oook  fmmm  m  Ifcof 
lUI  Ikiak  U.  •  »  IMo  pniool  An  hod  M  ba  aado, 
oo^iog  hmrio  to  lb  natnxj  UtfnoT  aolwHtif  diat- 
And  fer  *nry  mtA  dofaall  lb  olid  Dooa  oad  Cbfdv  oad 
■aialoau.  or  a»li<(  Iba  oo  ibll  b  U  iaok  dotak  oo  io 
olor»aU.  ibU  bW  lb  ona  of  liao  to  b  looaoond  It 
hilj,  oolioa,  ploM  or  jafiiiotoliim  bj  oajr  pMooa  Ibl  will  na 
fer  lb  toaoi  la  oar  K  Uio  liiitMr'i  Bid  CtalU  of  looood. 
la  afcieh  ao  wogir  of  law,  ^adao,  Jiiilwlifta.  piliflofi.  i»- 
jMMHoa  or  olbr  ordor  of  loiliaial,  aor  oa;  Mio  Iba  oao 
laprioaoo  AaD  b  odaMod  •  ollawad.  lb  om  aoMjf  af 
lb  aU  fciMlart  to  b  to  lacli  paooa  or  portooo  ao  wfll  Ho 
b  lb  WMBO.  oad  lb  olbr  to  b  Mflojad  to  oad  hr  lb 
■00  •!  laok  Oombtaoro  oo  rial!  b  t 
kr  lUo  pnaM  AH  ia  lb  taiiat  la  rf  li 

Aal  to  lb  iaioni  lb  romaoa  of  Oioao  oad  O^adHO 
oad  of  on  CUbdnIo  oad  adWIoto  Cloiiliii  _;  b  tatto 
ii|lijil  kr  lb  (ood  of  lb  Ctanli  oad  odoiinaiil  of 
nligioa.  oad  Ibl  lb  Doooo,  Conoao,  Pribadorito  tad 
niddialiillii  Bar  ao*  liwawlin  Uvo  idljr  dariaf  lb  titoo 
rflWr  laidoadoo.  M  iraid  Iblr  liaoa  «a  lb  loMmU^ 
of  lb  fooflo,  woU  adatof  of  lb  «atk.  ood  faod  •<■ 
oafia  of  olbr  Mlafolaoi    b  U  Iblbr  aiilll.  Ibt  ol 


liri^i  Willi  ia»  of  ooaK  Ibll  a  diafoa  of  Ibir  Ibo  of 
riddany  ia  lb  aid  CUbdnl  a  Oellifioto  riaiifca.  a 
Ibl  Ibqt  ibll  BM  arondir  aid  laroMiool;  ipoad  aaa  Ibo 
la  Ibir  aid  iiilliri  Iba  iioli  dop  la  ao  ;oa, 00  bal 
aauaaif  lb  aidUbnbo  w  lb  iiiliiiij  lilollhaiodlal. 


1641]  Bill  on  Church  Reform  175 

and  that  they  shall  likewise  preach  or  provide  to  be  preached 
two  seimoos  upon  every  Lord's  Day,  the  one  in  the  forenoon 
and  the  other  in  the  afternoon,  and  one  upon  every  Holy 
Day,  and  one  Lecture  upon  every  Wednesday,  for  which  they 
shall  pay  to  the  Lecturer  one  hundred  marks  per  annum  at 
the  least,  in  every  one  of  the  said  Cathedral  and  Collegiate 
Churches,  upon  pain  and  penalty  of  £100  to  the  King  upon 
every  default,  and  to  be  suspended  from  the  profit  of  their 
places  for  one  whole  year,  and  the  profit  of  that  year  to  be 
employed  to  raise  a  stock  for  the  poor  of  that  city  or  town, 
where  such  Cathedral  or  Collegiate  Church  is  situate.  And 
further,  that  when  any  Archbishop,  Bishop,  Dean,  Dean  and 
Chapter,  or  any  other  Dignitary  or  Prebendary  of  any 
Cathedral  or  Collegiate  Church,  Master,  Fellows  and  Scholars 
of  any  College  in  either  University  or  elsewhere  in  the 
kingdom  of  England,  shall  take  a  fine  or  sum  of  money 
for  the  renovation  or  letting  of  any  lease  belonging  to  any 
of  their  several  corps  or  the  communalty  of  their  Church  or 
College,  or  shall  increase  the  rent  upon  any  such  lease,  they 
shall  lay  aside  one-fourth  part  of  that  fine  or  sum  of  money, 
and  of  that  increase  of  yearly  rent,  for  the  buying  in  of  im- 
propriations of  parsonages  or  vicarages  or  portions  of  tithes 
now  made  lay  fees,  all  such  sums  of  money  to  be  delivered 
into  the  hands  of  so  many  able  Commissioners  as  shall  from 
time  to  time  be  nominated  by  the  orders  of  both  Houses  of 
Parliament,  in  every  shire  or  county  of  England  and  Wales, 
for  the  collecting  and  receiving  of  the  said  money,  and  for  the 
purchasing  and  bringing  in  of  such  impropriations,  when  the 
money  shall  arise  to  a  sufficient  sum  for  such  an  employment, 
and  that  such  fine  shall  not  be  agreed  or  concluded  of  between 
the  lessors  and  lessees,  or  any  other  on  their  behalf,  without  the 
approbation  of  three  of  the  said  Commissioners  under  their 
hands  in  writing. 

And  be  it  further  enacted,  that  every  impropriation  or 
parsonage  or  vicarage  or  portion  of  tithes  now  impropriate, 
■hall  by  due  course  of  law,  upon  the  purchases  thereof,  be 
made  disappropriate  and  annexed  to  the  Chivch,  and  made 
presentative  for  ever,  without  any  license  of  mortmain  to  be 
obtained  for  the  same ;  and  that  the  said  Commissioners  shall 


1 


prMmt  ft  (Ink  far  tba  ftnl  Um  :    lt«  AnkbUM^  Bkbop. 


Sohakn  of  dw  ^«  OoO^n    frm   vfaa  tbw  a^  if 

■oaajr  u*  iietiTrf  rwyidUyiiy.  bImU  mr  alUr  A*  ftni  iIm* 
wnnllj  ■mI  ifwIJMlj  fnMBt  ar  mamiatkf  mA  Chtfa 
M  ikftU  Wv«  1^  nwin  lU  InmAI  tlMrMf  Aad  il  k 
hftlwr  fiiiiJi*  Md  mmImI,  Iha  if  Ifca  mm  wtlt^  if 
aagr  Am  «r  ■■■  cf  aiwwy  wrivwl  by  «r  ftwi  uy  if  IhaM 

pMHBi^badiM  «  MTpnliMB  MtaiV  MatMid,  In-  MfliM* 

or  Unwii  «f  not  iina  mj  tepropriMt  witory  bttM^af 
le  Mf  ■(  thi  Mid  ArthWibtpih  Wihipi.  Diu>,  OaMi  m« 


if  W7  iflka  «U  fcnMT  Oollira.  — »l— Ifc  |Mt  if  Ihi  f«> 
Miyi*  Am  ^n  bt  Ur  |Mid  wto  IW  Tinr  w  Omto  («km 
-  fiMTH*  »  wdiiwid)  lint  iiwfcinilh  Uw  WW  rf  tfa  MM 
[■pMfrirtlii,  vBtfl  tb*  MM  abdl  ht  r«wiit«4  ud  UMOBd 
to  «•  Obmb,  Md  bt  Mifk;^  far  Um  OM  i^  bsA  if 
tUI  MbM«  whtt  iUI  idlebto  Uw  e»*:  ud  if  My  oT  Um 
«ld  Awbtiihiif^  Biibaf.  Daut,  Dmm  ud  CbfrtOTi,  UgmtiM. 
PlibMihilii,  U«Un.  P*UiWi  ud  SebalM  «f  ny  of  lb«  Mid 
riltiiM.  M  M17  mT  U^  JmII  da6Md  ar  hi\  tm  fmj  ula  IW 
mU  OaMMiMiwif^,  or  lbs  »U  Vieui  rmftttinij,  Uw  mU 
Mi— 1  affttiiaati  imm  aad  ■«■■  of  mmmj,  tba  mm*  hifat 
bwMIr  diMiMbd  •!  Uw  tw»  Mwl  fMU  of  tbi  j«M.  Ib«  «M  «r 
8t  Mk^ol  tba  Awl«H«'  b^  IW  olbo  of  Ibo  Hiiiiiiillii 
at  Oar  Lady,  aU  pWMM  mi  MTforatioM  m  rfcaill^  dhal 
teMt  oio  lb*  Mid  CWMMJiri—iw  aad  Tmn  in^iilin^f 
thTM  tJMM  Um  toIm  of  UmI  Sm  or  tai  «f  MMoy  m  databwd 
M  Ml  >Mtl7  omI  dalf  pud,  lb*  mmo  I*  h»  MMnml  by  lb> 
OtMMWoMr*  aad  Viain  r«f*ati««)j  bi  amf  Oanl  of  Imw  at 

Br  U  UhsviM  MMtad,  IbM  atrnj  BiridiaHory  or  C^mm  al 
•ay  Chlbidral  or  CbDigM*  OMtdk,  |^  balb  •  linat  «i*k 
e««  of  aoali,  ilwU  pqr  «Ma  hia  Oanto  1^1  yrMibiib  aid 
oAmmm  that  c«n  it  «r  upaa  (bat  Urug  fc»  bk  bin  or  bw  vaffH 
(•w  aid  >iridii  Wa  ordiaary  jaiMtaiaMirt  far  tba  alhar  pMt 
of  (W  yMrV  a  propartiaa  of  lb*  M*Mty  uf  tbo  ralM  of  thai 
^liilii,  U  h  M*w  <T  Um.  far  tbalMMi  of  tk,  faar  w%m^m 


1641]  Bill  on  Church  Reform  177 

such  Prebendary,  Residentiary  or  Canon  liveth  at  the  Cathedral 
Church,  and  is  non-resident  from  his  parsonage  or  vicarage; 
and  that  every  Parson  or  Vicar  that  hath  two  or  more  livings 
with  cure  of  souls,  shall  maintain  upon  that  living  on  which  he 
doth  reside,  an  able  minister  and  preacher,  that  shall  preach 
twice  every  Lord's  Day,  and  shall  pay  unto  him  for  his  enter- 
tainment a  full  moiety  of  the  profits  of  the  said  benefice  for  the 
time  he  doth  not  reside  thereon,  first-fruits,  tenths  and  subsidies 
being  first  deducted. 

And  for  the  better  regulating  of  Ecclesiastical  Coui-ts,  which 
are  now  an  extreme  grievance  and  vexation  to  the  common 
people  of  England,  be  it  enacted,  that  no  citation  shall  at  any 
time  hereafter  issue  forth  against  any  of  the  King's  subjects, 
without  the  articles  and  libel  be  first  left  in  Court  ready  to  be 
showed  and  delivered  to  the  party  cited,  under  pain  of  suspension 
ah  officio  ei  hen^ieio  in  both  the  Judge  and  Registrar ;  and  that 
no  cause  hereafter  be  proceeded  in  against  any  of  the  King's 
subjects  ex  officio  mero,  but  both  the  Judge  and  Registrar  shall 
be  liable  to  pay  the  costs  and  double  damages  to  the  party 
80  proceeded  against,  in  case  the  cause  be  not  confessed  or 
proved  against  him ;  and  further,  that  none  of  the  King's  sub- 
jects hereafter  be  put  to  accuse  themselves  by  or  upon  their 
own  oaths  in  any  criminal  cause  whatsoever  in  any  of  the  said 
Courts  Ecclesiastical,  unless  it  be  voluntarily  taken  by  them 
to  clear  themselves  from  a  fame,  thereby  to  satisfy  the  Church 
or  Congregation;  and  that  the  defendant  being  cited,  shall 
answer  within  twenty  days  after  the  day  assigned  for  his 
appearance,  and  the  agent  and  defendant  shall  examine  all  their 
witnesses  in  that  cause,  which  they  mean  to  produce  upon  the 
articles,  libel  and  interrogatories,  or  other  proofs  and  evidences* 
within  four  months  then  next  following,  or  else  the  defendant  to 
be  dismissed  and  have  costs  paid  unto  him,  her  or  them,  for 
their  unjust  vexation.  And  to  avoid  that  dilatory  and  vexatious 
course  yet  in  use,  it  is  further  enacted,  that  no  exceptions  be 
admitted  against  witnesses,  but  either  for  some  matters  appear- 
ing of  record  in  one  of  the  King's  Courts,  or  for  some  matters 
proved  against  or  confessed  by  the  party  produced  in  some 
Ecclesiastical  Court  before  that  time,  whereby  it  shall  appear 
that  such  witness  is  a  party  interested  in  the  cause,  or  a  person 

N 


1 


lawlHMi  iMliaM7<i*dilMa«ttoWsiv«i;  mJ  U«t  mmm  ia 
Otf  Omwi  May  eon*  to  •  tfetHmt  md  tWs  hantalmn,  W  il 
hrtlwr  <Mriwl.  tWt  If  anj  amm  U  |»wlf««tod  w  tin*  H  to 
Ml  mAmI  wilU>  «M  t««K»-«Mlk  liUr  Ito  AnI  '-g'trhg 
otlto  Nit,  tton  at  Ito  Ml  iT  tto  TMT  tto  JifciJMl  Ad 
to  dimiMd  wtU  his  cwIk,  Is  to  paM.  Ito  «m  toV  hf  Ito 
pkiMiS.  ud  tto  (rttof  b7  Ito  i«dc»  m>I  tto  hwlv  far 
Ito  ^rrat  or  pkiatiT  is  ttot  Oowt.  wabn  tto^  itoU  Acm 
ule  Ito  Butop  of  tto  Utam,  vitli  tto  olfim—  of  tM 
■r  WW  oTlto  ■wiHinto.  itol  tto  ilifcirfam  M  wOhtky  UUm 
Ito  mmm.  in  »M*  mw  Ito  Hihuf .  wJih  tw»  ig  — ro  i  iililna 
■ton  onto  ■wniiiH  to  tmaam  mJ  JtUt*. 

A«l  to  viM  Ito  UMMiM  raator  oT  Pravtm  oad  Af 
porilon  u  Oavta  Ecdauriical,  to  il  farttor  i^iJ.  itot 
Ito  Httof*  ab4  MS  of  tto  oHiUMto  itoU  mm  tto  iiiib^ii 
mod  ktoi  Ito  itoica  of  tto  Proelon  oad  Affortlon  ia  iMt 
H*«nl  dioeaoM  tMpoetivdjr,  ttot  mo  la  ylaad  aad 
in  all  tto  Mnnl  Fwlwioitiwt  Ctotto  witUa  Urn  ' 
mmI  ttot  M  Jadfa.  Pntbat  or  B^ialiar  itoll  • 
Milav,  plaiaiiC  ar  Wtodaal,  to  fa  ayaa  trait  Im  itoir  fcn 
IB  aaynaat  ^  iaatoBw.  aadtr  paia  of  Maptadaa  hvm  Itoar 
plaoaa  lor  ••■  )oar  far  omi;  ito*  m  ofcadlag;  aad  ttoi  tto 
Piaatar  Aatl  to* •  m  <w  allow*d  Uai  at  (to  taaatiaa  tot  to 
Itoaa  dap  imlj  wtonia  to  dalb  pioad  <r  Mad  aotmllr.  Md 


B*w,  hf  naaw  of  «MM«cMarj  oppvd*.  bar  er  !«•  laolaaaM  •« 
piaiaMi  IB  all  ar  aoat  aaav  aod  ffiwaiiliinii  vriaMailml, 
to  tto  inat  ndMttoi  aad  ndoiH  of  Ito  plaialiiraBd  dalwlHl, 
Md  Ito  »ftmnu  wwwn  aad  ocaadal  of  all  iafaftor>gwlwiifc 
Biitopo.  awl  inliiiMHial  JariadiclkB,  to  h  ew«t*d.  Itot  fcva 
toMafartb  Iton  itoO  to  flraa  tto  Int  inUhiliMl  iwlm  to 
tto  oasM.  to  to  Dwa.  Atifcilmfn.  rntoo^ir,  OSttol,  Cam- 
aim»rj,  ChMwllor.  or  of  aay  oltor  litb  wtotantw,  waiilii  at 
■  tola««  iM|«ind,  tot  l«ti  offxali  oalf,  oao  to  tto  Biitop  ol 
tto  diotMo.  wto  *toU  mk  toar  tto  hbo  oltonriM  Itoa  a*aM 
iwuod  vitb  us  Hi  ito  Hid  MiiMBBla  at  tto  liHt.  w  to  to 
awwaitod  *■  oforcMid.  aad  itos  froM  Ito  Biotof  w  ii  iilil 
to U* lUaf  ■  Uaimja itk^tm obI/ Md  {■■■liilily.  imi^ 
'     I  «f  tMitMtoij  aad  «f  Vwk,  iritt 


J 


1641]     Abolition  of  the  Court  of  Star  Chamber     179 

respect  to  the  causes  arisiug  from  their  several  proviuces,  shall 
be  always  in  every  Commission,  and  of  the  quorum  inferenda 
mnieniia^  in  all  causes  wherein  the  appeal  lieth  not  from  their 
own  Bentence,  and  all  other  appeals  from  the  several  dioceses  to 
the  Arches  or  audience  to  be  from  henceforth  utterly  abolished 
as  an  intolerable  vexation  to  the  subject — and  altogether  un* 
necessary;  which  Courts  of  Arches  and  audience  are  by  virtue  of 
this  Act  utterly  suppressed  and  made  void  as  concerning  appeals 
from  inferior  Courts ;  and  the  Lord  Keeper  for  the  time  being  is 
hereby  required  to  be  very  careful  what  persons  he  doth  nominate 
for  Judges  delegates  in  this  high  and  supreme  Court  in  causes 
ecclesiastical,  which  care  hath  hitherto  been  much  neglected. 

Lastly,  because  the  Church  of  England  hath  now  lived  under 
no  certain  ecclesiastical  laws,  but  in  an  interim  only,  from  the 
35th  of  Henry  VIII  to  this  present,  by  reason  that  the  persons 
for  the  purging  of  the  ecclesiastical  laws  and  the  squaring  of 
them  to  the  common  laws  of  the  realm  haye  not  as  yet  met 
together,  be  it  enacted  by  the  authority  aforesaid,  that  sixteen 
persons,  to  be  named,  six  by  the  King's  Majesty,  five  by  the 
House  0/  Lords,  and  five  by  the  House  of  Commons  respectively, 
understanding  in  both  the  laws,  do  presently  meet,  and  taking 
the  form  begun  by  Doctor  Haddon  into  their  consideration, 
reduce  by  their  general  assent,  or  by  the  assent  of  the  migor 
part  of  them,  all  the  canon  laws  of  use  and  practice  within  this 
kingdom  into  as  short  a  body  and  digest  in  the  English  tongue 
as  well  can  be,  so  as  they  may  be  understood  as  well  by  the 
Bishops,  Deans,  Archdeacons,  and  Prebendaries,  as  also  by  the 
rest  of  the  ELing's  liege  people,  and  may  be  more  ascertained  in 
matter  and  form,  and  receive  the  allowance  of  the  King  and  the 
Parliament 

34.  The  Act  fob  the  Abolition  of  the  Coubt  of 

Stab  Chambsb. 

[July  5,  1 641.    Statutes  of  the  Reahn,  v.  no.     17  Qur.  I.  cap.  10.    See 

Hist,  qf  Engl,  ix,  404.] 

An  Act  far  the  Regulating  the  Privy  Council  and  for  taking 
away  the  Cowrt  commonly  called  the  Star  Chamber. 

I.  Whereas  by  the  Great  Charter  many  times  confirmed  in 
Parliament,  it  is  enacted  that  no  freeman  shall  be  taken  or 

IT  J 


i8e  tomahtmhmmt  Dormmtmtt  <«*ii 

hMpriMMd.  «r  ia^atA  <4  bU  (racboU  ur  Ufawtix  ar  fr^ 
eutow.  «r  ht  vMkmA  «r  «riM  or  athOTviM  dMiraftd.  mA 
llMl  tW  Kiac  «ill  Mit  pM«  apM  bfaa  at  Linli^a  bfa*  Iwt  by 
lavM  Jwilgwil  vf  Mi  PMn  «  by  tbi  kv  of  ite  kad;  Md 
b7  wollMr  aWaU  Md*  te  lb«  SAb  7W  rf  tU  Mga  if  Ku« 
EdwHd  tbi  TbM  *,  it  u  tMitMl  tlwt  M  BUI  dMU  bi  MMkU 
\q  w^  Mc— tfao  MM-  fBntMdtiJ  rf  Ml  «t  lisKaor  hk  haii, 
tmiwiiiti.  fOiA  Hir  ibrttili  «iMd  fart*  tbi  Kli^i  bMrfi 
afUMl  tbi  UKn  of  tbi  Or«it  CkM«r  owd  Ifci  b«  itf  lb* 
kad*:  ud  by  mvUw  rtirtuli  aoai  ia  Ibo  im-od^vntMlb 
ynref  Um  nifs  ar  tbi  ^  Kii«  Uwud  Um tUid '.M  k 
•notdid,  MMtid  ond  ntaUMifJ  Uh*  «Mi  «UI  bi  tabM 
hj  pMitkti  iHT  wMiiti—  Mdi  k  Ibi  Kiaff  or  to  bk  Cwaiil. 

inbM  H  hi  by  tadktwal  cr  |i I  rf  toad  aad  iMrM 

pio|d>  uf  IW  Mai  aiigbliwiliiiJ  wWa  ia«b  dinb  W  dmk 
i«  dw  ■anair  or  by  proi^  nadi  by  vril  irigfaMl  al  Iha 
MBMO  kv,  tad  tbit  aooi  b*  y«l  art  of  hk  ftiaibhi  » 
Hfiibili  aalM  bo  faa  dely  breafbl  ia  to  aiiMr  aad  rm^i^ii 
et  tba  naM  by  tba  tpnm  of  Ibo  kw.  aad  tf  aaytbiaff  bo  4m» 
aipdail  IW  MM,  il  lU)  bi  ndraMd  aad  holdta  tm  mmt: 
aad  by  aaolbir  itatato  aadi  ia  l^  kfbVMd^wiMkOi  j«r 
i«  tbi  raica  "f  tbi  MM  K  iat  Ed  wild  tbi  nM  *,  k  k  ^M^ 
olfair  UOiv  MMtad  IW  ao  noa  of  what  iilato  w  npaWriia 
mnn  bi  bi  ibaD  hi  pat  uvt  of  bk  laado  at  taMMMla,  aar 
kiMa  aor  kipfkoMd  aar  dkEabarited  vHbaat  btiac  Wnt^  is 
toumffrly*w|nMM>rkw:  aod  by  aMtbar  Matato  mA* 
IB  tki  t«»«ad-lBrtklk  jMr  of  tba  ni|a  W  Iba  Md  Kkf 
Uwari  tbi  IVifd  *.  it  k  iaailod  that  M  «>•  ba  prt  to  OHMT 
wal  fRMalaaat  bafcvi  JmUmi  or  aiatlw  of  noad.  ar  by 

r  to  ibi  oU  k«  «r  tbi 


L 


kad.  aad  if  a^tUaf  ba  dMO  to  Ibi  eootnry,  it  ikll  bo  *«id 
ia  k«  aad  heUaa  Ut  mnt :  aad  by  aaotb*r  itatMi  iMdo  ia 
Ibi  Bifr«Md-«UftMb  yw  af  Iki  MM  K  ia(  Bdrad  tbi  nM  *. 
k  k  ■■iMil  oI1m>  tMaw  Mactod,  tba  aU  ] 


ba  ill  I  III  k  a^  Cbnto  bakra  wmj  ^  \hm  %im^t  Jattkan.  iv 
ia  bk  atbir  pkoM  or  b«fcr»  «iy  of  bk  otbw  Miaiitot^  «r  k 


*  »i  1.  m. «  f  •.  ft 

*  •■  &  m.  a.  J. 


*  UafOB  Cm«^  «  II-  UL  a.  *». 

•  *•  1.  m.  c  J. 


J 


1641]      Abolition  of  the  Court  of  Star  Chamber        181 

the  Courts  and  places  of  any  other  Lords  within  the  realm, 
shall  be  entered  and  enrolled  in  Latin :  and  whereas  by  the 
statute  made  in  the  third  year  of  King  Henry  the  Seventh  \ 
power  is  given  to  the  Chancellor,  the  Lord  Treasurer  of  England 
for  the  time  being,  and  the  Keeper  of  the  King's  Privy  Seal, 
or  two  of  them  calling  unto  them  a  Bishop  and  a  Temporal  Lord 
of  the  King's  most  honourable  Council,  and  the  two  Chief 
Justices  of  the  King's  Bench  and  Common  Pleas  for  the  time 
being,  or  other  two  Justices  in  their  absence,  to  proceed  as  in 
that  Act  is  expressed  for  the  punishment  of  some  particular 
offences  therein  mentioned :  and  by  the  statute  made  in  the  one- 
and- twentieth  year  of  King  Henry  the  Eighth ',  the  President 
of  the  Council  is  associated  to  join  with  the  Lonl  Chancellor 
and  other  Judges  in  the  said  statute  of  the  third  of  Henry  the 
Seventh  mentioned :  but  the  said  Judges  have  not  kept  them- 
selves to  the  points  limited  by  the  said  statute,  but  have  under- 
taken to  punish  where  no  law  doth  warrant,  and  to  make 
decrees  for  things  having  no  such  authority,  and  to  inflict 
heavier  punishments  than  by  any  law  is  warranted ;  and  for- 
asmuch as  all  matters  examinable  or  determinable  before  the 
said  Judges,  or  in  the  Court  commonly  called  the  Star  Chamber, 
may  have  their  proper  remedy  and  redress,  and  their  dae 
punishment  and  correction  by  the  common  law  of  the  land,  and 
in  the  ordinary  course  of  justice  elsewhere,  and  forasmuch  as 
the  reasons  and  motives  inducing  the  erection  and  continuance 
of  that  Court  do  now  cease,  and  the  proceedings,  censures  and 
decrees  of  that  Court  have  by  experience  been  found  to  be  an 
intolerable  burden  to  the  subjects,  and  the  means  to  introduce 
an  arbitrary  power  and  government :  and  forasmuch  as  the 
Council  Table  hath  of  late  times  assumed  unto  itself  a  power 
to  intermeddle  in  civil  causes  and  matters  only  of  private 
interest  between  party  and  party,  and  have  adventured  to 
determine  of  the  estates  and  liberties  of  the  subject  contrary 
to  the  law  of  the  land  and  the  rights  and  privileges  of  the 
subject,  by  which  great  and  manifold  mischiefs  and  incon- 
veniences have  arisen  and  happened,  and  much  uncertainty 
by  means  of  such  proceedings  hath  been  conceived  concerning 

*  3  H.  VII.  0.  I.  §  I,  «  31  H.  VIII.  c.  ao. 


F^*^^ 

mm;  linVb  xil  aMa:   to  mtOmf  •knrf  a^  friilin 

ll»  Ilk.  in  liv  to  na>.  ta  H  aaUad  lU  iiaMia  br  lb 

••llacttT  •(  •!»  psnl  hria-Mi.  IM  Ik  mti  Owl  •_- 

axl;  ^M  lb  DUr  OaaW.  and  tU  jarodMktk  r~> 

lb  (M  ikr  •'  Aw>t  lslbjm.rwLa<IOo.la> 

iiil  Amj  i-f  Aagwl  Milbf  tb  LmiI  CbM«ilM  ar  Tm|w 

rfib  Omil  fM  of  Kmlud.  lb  Urd  Tnuwar  W  K^bri. 

Iki  K«>p.r  >(  lb  K1>|'|  rri<7  lU.  n  PiaUnl  rf  lb  Oaaal. 

•rHdanjtJidaUarBUMiUaitblbail  Om:  mi 

lb>  in  aal  ««T  Aal  lal  AM  i(  Tm* lad  ill  i^ 

Cbabr,  or  nau  all  or  aa^  tb  JadfM^  (Mkan  nr  Miilaiii 

mU  Com,  or  far   aay   mattar  or   Ihinfl   la   b   draw*   iMa 

aa  aoMonalk  lb  aU  Orail  a(  Sur  Obabt.  aad  lb  ranr 

K                 II.  Aad  b  it   libwiaa  aaaaud.  Ibl  lb  lib  Jiiiijiliia 

^M             aaa  awj  aad  nrrctaad  ia  lb  OnH  bfaia  tb  Pi  diial  a^ 

V             I'ounl  ia  Ilia   Hartba  al  Walaa;    aad  ab  ia  lb  Cam 

aaila'    ^ti  aka  ia  tb  Oaut  n.— —  ii.ii-  «|U  lb  GaatI  of 

t^>*"  •       M^™*    "^^     ■!■     11^    I^^BI*     H^B^BflH^    <aai^l>    HIV    \^^H*    ^ 

lb  D>ctr  at  laaaalv,  bU  blan  lb  CbaaBar  aad  0_ri 

^              o(  lb  Coait:    aad  alao  la  lb  Caan  a(  fatttqa.  •<  lb 

V             Ibaat  •»■.»»  lb  aid  llrildaro(AariMo»lb>aadd> 

i64i]     Abolition  of  the  Court  of  Star  Chamber .   183 

hundred  forty  and  one,  be  also  repealed  and  absolutely  revoked 
and  made  void,  any  law,  prescription,  custom  or  usage ;  or  the 
said  statute  made  in  the  third  year  of  King  Henry  the  Seventh ; 
or  the  statute  made  the  one-and -twentieth  of  Henry  the  Eighth ; 
or  any  Act  or  Acts  of  Parliament  heretofore  had  or  made  to 
the  contrary  thereof  in  any  wise  notwithstanding;  and  that 
from  henceforth  no  court,  council,  or  place  of  judicature  shall 
be  erected,  ordained,  constituted,  or  appointed  within  this  realm 
of  England  or  dominion  of  Wales,  which  shall  have,  use  or  exer- 
cise the  same  or  the  like  jurisdiction,  as  is  or  hath  been  used, 
practised  or  exercised  in  the  said  Court  of  Star  Cham1>cr. 

m.  Be  it  likewise  declared  and  enacted  by  authority  of  this 
present  Parliament,  that  neither  His  Majesty  nor  his  Privy  Coun- 
cil have  or  ought  to  have  any  jurisdiction,  power  or  authority 
by  English  bill,  petition,  articles,  libel,  or  any  other  arbitrary 
way  whatsoever,  to  examine  or  draw  into  question,  determine 
or  dispose  of  the  lands,  tenements,  hereditaments,  goods  or 
chattels  of  any  the  subjects  of  this  kingdom,  but  that  the  same 
ought  to  be  tried  and  determined  in  the  ordinary  Courts  of 
Justice  and  by  the  ordinary  course  of  the  law. 

lY.  And  be  it  further  provided  and  enacted,  that  if  any 
Lord  Chancellor  or  Keeper  of  the  Great  Seal  of  England, 
Lord  Treasurer,  Keeper  of  the  King's  Privy  Seal,  President 
of  the  Council,  Bishop,  Temporal  Lord,  Privy  Councillor,  Judge, 
or  Justice  whatsoever,  shall  offend  or  do  anything  contrary  to 
the  purport,  true  intent  and  meaning  of  this  law ;  then  he  or 
they  shall  for  such  offence  forfeit  the  sum  of  £500  of  lawful 
money  of  England  unto  any  party  grieved,  his  executors  or 
administrators,  who  shall  really  prosecute  for  the  same,  and  first 
obtain  judgment  thereupon  to  be  recorded  in  any  Court  of 
Record  at  Westminster  by  action  of  debt,  bill,  plaint  or  in 
formation,  wherein  no  essoined,  protection,  wager  of  law,  aid, 
prayer,  privilege,  injunction  or  order  of  restraint  shall  be  in  any 
wipe  prayed,  granted  or  allowed,  nor  any  more  than  one  im- 
parlance ;  and  if  any  person  against  whom  any  such  judgment  or 
recovery  shall  be  had  as  aforesaid,  shall  after  such  judgment 
or  recover}*  offend  again  in  the  same,  then  he  or  they  for  such 
offence  shall  forfeit  the  sum  of  jBiooo  of  lawful  money  of  England 

^  Allegation  of  absence  from  lawful  reasons. 


■Hio  uj  p»tt7  frwvM,  Ml  •sMvlun  dv  ■ 

riHil  mllr  fraaMrt*  Itr  tW  mm.  awl  tnl  altei*  jilgwiil 

■iltr  I9  Mtioa  of  lUt.  hiD.  fijiibt  or  nbwiwliM.  >■  whM 
M  MniM,  fnlMtioa,  wspr  of  U«,  aid.  pnjar.  |«i*ilap«. 
i^|«MtfaB  OT  ofdw  af  MtnuBt  tlwU  W  ia  m>7  wiM  fjii. 


■f  ujr  ptTMio  agRiMt  wkaai  «i)'  Mah  jwig— I  «r  iwwy 
AJi  W  hwl  M  >>  iimIiI.  tUa  dUr  mBfcJwIfirt  »  iimj 
aCnda««iii  in  tW  mm  kted,  uU  iImII  b*  UMnof  Jaly  «»• 


AmUwI  Md  bMMM  by  *irtM  «(  tUi  Art  ianfaUt  i^>* 
to  bMT  lua  mmI  tMr  mU  ■•«  Md  oBcw  riifiHiwIy,  m4 
•hall  ba  likawiaa  ^t~"-^  ta  wabr  aaf  gift,  graatt  aaMvajBM* 
■r  otbtf  fiapidtiov  of  U7  Ua  Uwl*.  laoaMM^  hwi*tiwi»la, 
faada  or  chaUak,  or  to  laha  amj  baaall  of  aay  |iA.  mmnfwmm 
or  ligaay  to  Uanra  aw. 
T.  Ami  avorr  ■arimi 


L 


laaa  uto  Uw  party  vriara^  by  aaytbog  Aom  coatnty  to  lb* 
tm*  iatral  and  MMai^  of  tbia  kw.  kia  toabla  iwaagM  «baab 
ba  Aall  •w(ab  and  ba  pal  aato  by  ■Mm  or  awaa—  of  aay 
•Btfcaot  or  tbiaf  ikaa,  tSa  Mtooto  ba  ncorarad  in  aay  of  Hk 
lUtMty  a  Cowb  of  lUcard  al  WaatalaoUr  by  aattaa  of  dafel. 
bin.  pUat  ar  iafaratotiaa.  vbartia  w  Maoiaa.  pratooliaa.  vagar 
of  lav,  aU,  ptayar,  ptWikg*,  maaaliam  or  ordar  of  raatnUal,  1^ 
ba  ta  aay  wiaa  pajrad,  gi—lid  or  atlowal.  nor  aay  ■<■«  tbaa 
fla>  isfarhaiBL 

TL  And  ba  U  ako  |w«vtdad  aad  anacUd.  ibat  if  say  panaa 
abaB  haraftar  im  MaMittnl.  mtnJwd  tif  kk  bkmy  ar 
•aCtr  laprkMiawat  [by  tha  ocdar  at  daara*  af  aay  aaek 
Coaat  if  Har  ClMoibar  w  mWr  Omt  aliaaaaid.  m«  or  al 
aay  tfaw  bmnftM  bawinf  ««  pratandtag  to  bam  Uw  auaa 
or  Bha  JoriadkUaa,  pavpr  or  aollMrity  to  naaait  ar  kaprkaa 
aa  aCaraMid.  or  by  Iba  naiaiMii  or  wartwit  tt  Uw  Kiag'a 
Hajfmtj,  bk  bob*  ar  lateawan.  ia  tbair  «wa  ponaa  tv  by 
Md  ar  vamsl  «f  tba  CaoatU  Bnnl  or  of  aay  af 
llw  Lord*  or  otban  of  Hk  UiOtotya  Prky  CbaaaQ'^  Ihal 

A—a i*<  I-  tfea  nf^iHl  AH  la  •  xfMalB  wfcal'U 


1641]     Abolition  of  the  Court  of  Star  Chamber     185 

iu  every  such  case  every  person  so  committed,  restrained 
of  his  liberty,  or  suffering  imprisonment,  upon  demand  or 
motion  made  by  his  coonsel  or  other  employed  by  him  for 
that  purpose  unto  the  Judges  of  the  Court  of  King's  Bench 
or  Common  Pleas  in  open  Court,  shall,  without  delay  upon 
any  pretence  whatsoever,  for  the  ordinary  fees  usually  paid 
for  the  same,  have  forthwith  granted  unto  him  a  Writ  of 
Habeas  Corpus  to  be  directed  generally  unto  all  and  every 
sheriff's  gaoler,  minister,  officer  or  other  person  in  whose 
custody  the  party  committed  or  restrained  shall  be,  and  the 
sheriff's  gaoler,  minister,  officer  or  other  person  in  whose 
custody  the  party  so  committed  or  restrained  shall  be,  shall 
at  the  return  of  writ  and  according  to  the  command  thereof, 
upon  due  and  convenient  notice  thereof  given  unto'him  [at 
the  charge  of  the  party  who  requireth  or  procureth  such 
writ,  and  upon  security  by  his  own  bond  given  to  pay  the 
charge  of  carrying  back  the  prisoner  if  he  shall  be  remanded 
by  the  Court  to  which  he  shall  be  brought,  as  in  like  cases 
hath  been  used,  such  charges  of  bringing  up  and  carrying 
back  the  prisoner  to  be  always  ordered  by  the  Court  if  any 
difference  shall  arise  thereabout'],  bring  or  cause  to  be  brought 
the  body  of  the  said  party  so  committed  or  restrained  unto  and 
before  the  Judges  or  Justices  of  the  said  Court  from  whence 
the  same  writ  shall  issue  in  open  Court,  and  shall  then  like- 
wise certify  the  true  cause  of  such  his  detenior  or  imprison- 
ment, and  thereupon  the  Court,  within  three  court  days  after 
such  return  made  and  delivered  in  open  Court,  shall  proceed 
to  examine  and  determine  whether  the  cause  of  such  com- 
mitment appearing  upon  the  said  return  be  just  and  legal  or 
not,  and  shall  thereupon  do  what  to  justice  shall  appertain, 
either  by  delivering,  bailing  or  remanding  the  prisoner. 
And  if  anything  shall  be  otherwise  wilfully  done  or  omitted 
to  be  done  by  any  Judge,  Justice,  officer  or  other  person 
aforementioned,  contrary  to  the  direction  and  true  meaning 
hereof,  that  then  such  person  so  offending  shall  forfeit  to 
the  party  grieved  his  treble  damages,  to  be  recovered  by  such 
means  and  in  such  manner  as  is  fonnerly  in  this  Act  limited  and 
appointed  for  the  like  penalty  to  be  sued  for  and  recovered. 

'  Aunexed  to  the  original  Act  in  a  sejMtrate  scheJule. 


f86  Ca$$shhih<mal  Doatmenh  '.%u* 

VII.  i'ri»%ided  aIwaji  ami  li^  it  rnartrd.  chAt  thif  Art  %u*\ 
tbr  ftrTrral  rtBti«ie«  thrifii.  <uiitAiiinl  9b»ll  Im*  Ukm  and  n- 
|iuaii<lnl  til  rxtriiil  i>til\  ti»  tli**  (\mit  nf  Star  rhftmlirr.  »ih1 
to  till*  Mid  < 'mil In  hoMrii  lirture  the  IV-mdriit  and  (*outial 
ia  the  Marihrs  of  Walr-.  and  lirf  r«*  the  Pmid^tit  %»\ 
(  ouncil  in  Chi«  northrm  |Mrt«.  and  al«)  to  th«*  (^>urt  rotnmoiaU 
c^WrtX  the  (\mn  of  th«*  Ihirhy  of  lAucaptrr.  hold^fi  btlurp 
tbr  (^haiicelltir  and  Council  of  that  i  'oort.  and  alto  in  thr 
C*ourt  of  K&i  hri|urr  of  the  Tionty  I'alatine  of  ThMUr,  li#M 
befon*  the  < 'haro)«rlain  and  Council  of  that  Ciiort.  and  to  all 
<*ourtf  ot  ttke  juriadiction  to  be  hereafter  rrrrted.  (-nlained 
ronHtitiife<l  or  a]i|MiiDtMl  at  aforrtaid.  and  to  the  warrar.ti 
nnd  dimtifiiii  of  the  ('"uncil  Kiarir  and  to  the  rommitmcnta 
p-*tr.iint*.  and  inipnMnmeuta  uf  any  perum  or  per«oof  iiunW 
romroanded  or  awanled  h\  the  Kihk*  Maje«*T.  hit  brtn  or 
•ui-ceiwor«.  in  their  own  |ierB«>n  ur  \»y  the  I«iinl«  ami  otber* 
i»f  tbe  Trivy  t'oanril  and  every  one  of  them. 

VIII.  Anil  lastly,  prnrid-d  and  lie  it  enacted,  that  no 
|M>r«on  or  |Mr*»n«  shall  lie  »ueil.  ifn|il«a<l«^1.  m  levted  "r  troubled 
for  an\  o|T«*nre  Atfainit  thi«  |>re4«*i.t  Art  iinlew  the  p^rtj 
■up|Mi«^l  to  have  •<•  utfendt*tl  -httll  lie  fiie«l  or  itnpleailed  for 
the  vame  within  two  vean  at  the  tuo«t  ifter  inch  time  wherein 
th**  «aiil  offeiic*>  «hall  he  rotnmitteil 


3*>     Tio    A«T  ri>H  Tiir.  Ah^mii-  s  <■»   thk  <'"»aT  or  11i-*h 

J   !t  c    ir«i       i7<Ar    I   '-Ai    II      <^t«  •..;•«•  f  ik^  R'ftl-     «    iti 

An     {   t    'iT  th     rrtwftil  t.*    t   'Tiiin'/i  .'   il   >•  ttttU  ftrtfn"  ^.ItZaM^'ttK^t 

I  \V),fr«  %  i:.  th-  rarluTi.Mit  hoM«-it  in  *Ke  tirtt  year  of 
the  ie:L'i<  «'t  tht<  Ute  (^!.e«it  K^M^'th.  late  i{  ;ern  <*f  Miig!and 
fhtfi-  **  !•  ail  A«t  ii.a«le  .i?i<l  •  *t.il'h«Kr.*.  ei.Mtlrd  An  Act 
r»»»*iriis^  s»  the  *  r  wti  tin  at.  it-t.t  j«f  :*iiir*i«  ii  "^er  the  State 
<«it  va'tiiai  »tt  1  «|'ir.*.il  nnd  .t^^  -i^h  iik'  '•'■  t -retjpi  |>i>wer 
rr}iU|{f4»iit    to   tbr  faille      in   wbicb   Ait.  aifi^nK^t   other   tbii 


f64i]  Abolition  of  the  Court  of  High  Commission     187 

there  is  contained  one  claaee,  branch,  article  or  sentence  where- 
by it  was  enacted  to  this  effect :  namely,  that  the  said  late 
Queen's  Highness,  her  heirs  and  successors,  Kings  or  Queens 
of  this  realm,  should  have  full  power  and  authority  by  virtue  of 
that  Act,  by  Letters  Patents  under  the  Great  Seal  of  England, 
to  assign,  name  and  authorise  when  and  as  often  as  Her  High- 
ness, her  heirs  or  successors,  should  think  meet  and  convenient, 
and  for  such  and  so  long  time  as  should  please  Her  Highness, 
her  heirs  or  successors,  such  person  or  persons  being  natural 
bom  subjects  to  Her  Highness,  her  heirs  or  successors,  as  Her 
Majesty,  her  heirs  or  successors,  should  think  meet  to  exercise, 
use,  occupy  and  execute  under  Her  Highness,  her  heirs  and 
successors,  all  manner  of  jurisdictions,  privileges,  and  pre- 
eminence in  any  wise  touching  or  concerning  any  spiritual  or 
ecclesiastical  jurisdiction  within  these  her  realms  of  England  and 
Ireland,  or  any  other  Her  Highnesses  dominions  and  countries, 
and  to  visit,  reform,  redress,  order,  correct  and  amend  all  such 
errors,  heresies,  schisms,  abuses,  offences,  contempts  and  enormi- 
ties whatsoever,  which  by  any  manner  spiritual  or  ecclesiastical 
power,  authority  or  jurisdiction  can  or  may  lawfully  be  re- 
formed, ordered,  redressed,  corrected,  restrained,  or  amended, 
to  the  pleasure  of  Almighty  God,  the  increase  of  virtue  and 
the  conservation  of  the  peace  and  unity  of  this  realm. 
And  that  such  person  or  persons  so  to  be  named,  assigned, 
authorised  and  appointed  by  Her  Highness,  her  heirs  or 
successors,  after  the  said  Letters  Patents  to  him  or  them  made 
and  delivered  as  aforesaid,  should  have  full  power  and 
authority  by  virtue  of  that  Act  and  of  the  said  Letters  Patents 
under  Her  Highness,  her  heirs  or  successors,  to  exercise,  use 
and  execute  all  the  premises,  according  to  the  tenor  and 
effect  of  the  said  Letters  Patents,  any  matter  or  cause  to  the 
contrary  in  any  wise  notwithstanding;  and  whereas  by 
colour  of  some  words  in  the  foresaid  branch  of  the  said  Act, 
whereby  Comihissioners  are  authorised  to  execute  their 
commission  according  to  the  tenor  and  effect  of  the  King's 
Letters  Patents,  and  by  Letters  Patents  grounded  thereupon, 
the  said  Commissioners  have,  to  the  great  and  insufferable 
wrong  and  oppression  of  the  King's  subjects,  used  to  fine  and 
imprison  them,  and  to  exercise  other  authority  not  belonging 


CottshiMtHma!  Uammtnts 


1 

Ml  aii«n 


)   MMM,  W    it 

I  hf  Uw  ICuc'a  Mart  EiMllMt  Mt^ttf  mA  At  Lark 
Mi  UMBMNu  in  tki*  rMMM  FwrlbmM  ■— lliiL  urf  bj 
Iha  ulbaritj  if  tka  MM,  Ikri  Ik  hnrnJi  \>nmk,  alHn. 
utkb  or  iMlMii  ■cataJBwl  ia  tk  mU  Ail,  udmfjr  wmJ. 
maUM-  and  tUi«  eaalibwl  fai  1^  buok.  efeww,  wtM>  w 
MUMt  dwU  tnm  UMdorth  U  n|M»l*l,  uadM.  rarckU. 
uniUlMad  ud  altarlr  bmI*  ««M  far  rw,  MytUMf  b  tha 
iu4  Act  U  tka  HMiwr  la  wr  «i>*  — Iwilklirfi^ 

Q.  A»d  U  H  alM  voKtod  I7  (W  ■xtUMriay  afarwilJ,  Ikal 
M  Anbfaubo^  Mibofk  aw  Vicar  0«a«nl.  aor  «av  ChaaeallM-. 
0«>kl.av  CkMBMtaanr  if  aar  AnUiAap,  Bn^  «  Ti«r 
Ocatad,  atr  aajr  OMmrj  wiMtntnr,  aur  >aj  otlwr  lyMtaal 
or  iiiiliriiiliial  Jadgi^  CNkir  or  Miabtw  ml  Jattk«.  aar  tav 
•Ikv  fmaa  m  fmmm  wSalwiTM  wfaMai  lyifitMl  w 
•nWialioal  powar.  aalkrity  or  jariidktMa  bf  a^r  inMi 
immm  m  1— wJMna  of  tka  Kiiiff'i  iUj^tr,  Iw  h«n  at 
■■MiwBHi.  or  bf  iajr  pa«*r  «r  »Blhw<ty  iKinA  fraa  Ika 
Klac  Ui  hdn  or  fwoMma.  «r  «tb«rwM^  AM  tnm  ami 
•Iter  Ibi  Irrt  day  af  AmaH.  wUek  tUH  U  it  At  jmt  9I 
oar  Lord  0«d  «a»  tliiMiiiil  ab  haadr^  bttj  aad  Ma. 
a«Bi4,  najMM  or  iallel  aaj  paia,  paaalty.  la*!  ananaaiac, 
iapriaaaaaBl  or  otbar  aorponU  paairfiMiiit  afoa  ai^  if 
Iha  Kiag^i  nl^MTla  fcr  aay  iaatia^  ■  ' 
oCMMa.  awllar  w  tUag  wl 
MoliiiMtiaal   mifaiii  m 


aiy^  Mdhrai^  taadar,  fi«a  v 

iidaaaaii  or  oUwr  pw— >  wtwlMiiTM  aay  oorpwal  oalfc.  wfcawbf 

W  or  ibi  (ball  or  rm/  ba  tiMffad  or  abUgid  la  aaka  aaj 

[If  latMim  irf  asy  criaw  ar 

kim  or  baraalf  of  aajr  trimt,   iffiaii,  ddia^ajary  tt 

daaoaaoar,  or  %hf  aaglait  ar  tbiaf  wbarafay.  «r  bf 

wbiwaC  b»  or  iha  tbaJI  m  awji  ba  ItiUa  or  aapoaad 


1 


1641]     Act  declaring  the  illegality  of  Ship-money      189 

censure,  pain,  penalty  or  punishment  whatsoeyer,  upon  pain 
and  penalty  that  every  person  who  shall  offend  contrary  to  this 
statute  shall  forfeit  and  pay  treble  damages  to  eyei*y  person 
thereby  grieved,  and  the  sum  of  £100  to  him  or  them  who 
shall  demand  and  sue  for  the  same ;  which  said  treble  damages 
and  sum  of  Xioo  shall  and  may  be  demanded  and  recovered 
by  action  of  debt,  bill  or  plaint  in  any  Couii  of  Record 
wherein  no  privilege,  essoine,  protection  or  wager  of  law  shall 
be  admitted  or  allowed  to  the  defendant. 

III.  And  be  it  further  enacted,  that  every  person  who  shall 
be  once  convicted  of  any  act  or  offence  prohibited  by  this 
statute,  shall  for  such  act  or  offence  be  from  and  after  such 
conviction  utterly  disabled  to  be  or  continue  in  any  office  or 
employment  in  any  Court  of  Justice  whatsoever,  or  to  exercise 
or  execute  any  power,  authority  or  jurisdiction  by  force  of 
any  Commission  or  Letters  Patents  of  the  King,  his  heirs  or 
successors. 

IV.  And  be  it  further  enacted,  that  from  and  after  the  said 
first  day  of  August,  no  new  Court  shall  be  erected,  ordained 
or  appointed  within  this  realm  of  England  or  dominion  of 
Wales,  which  shall  or  may  have  the  like  power,  jurisdiction 
or  authority  as  the  said  High  Commission  Court  now  hath 
or  pretendeth  to  have ;  but  that  all  and  every  such  Letters 
Patents,  Commissions  and  Grants  made  or  to  be  made  by  His 
Majesty,  his  heirs  or  successors,  and  all  powers  and  authoritiea 
granted  or  pretended  or  mentioned  to  be  granted  thereby,  and 
all  acts,  sentences  and  decrees,  to  be  made  by  virtue  or  colour 
thereof  shall  be  utterly  void  and  of  none  effect 


36.  Act  declaring  the  illeoality  or  Ship-monbt. 

[August  7,  1641.     17  Car.  I.  c»p.  14.     Statutes  of  th«  Realm,  v.  116. 

See  Hist.  0/  Engk  iz.  415.] 

An  Act  for  the  declaring  %mlawful  and  void  the  laU  proceedings 
totLching  Ship-money,  and  for  the  vacating  of  aU  records 
and  process  concerning  the  same, 

L  Whereas  divers  writs  of  late  time  issued  under  the  Qreat 
Seal  of  England,  commonly  called  Ship-writs,  for  the  charging 


Constttmhinuii  DoamunH 


1 


<d  tb«  I-urta,  Towat,  CUm,  h<m<M^  ud  ONuHiM 
n»lB  rt«ptetiT(>}.  to  pnvUa  and  (knkli  Mfteb  Atft  ftr 
Hb  IUM7'*  •«r«>M.  urfvlNraM  «|m  tkoMMlMWllw 
■>a«  vrita  ud  ntuw  td  ctrtMmiM  thiwtoii  tmit,  ami 
tka  Msliiw  Un  mm  bf  JfcBiMM  uta>  lk«  CHrt  af  Miihifir. 
pwiM  hatii  bMR  tkanat  aiadt  i^it  Madfj  pwaoM  pxi' 
iMdad  to  W  ^uffd  I9  war  af  oiatribitiM  fir  Uf  Mkii« 
«|i«f«rtaiiitUM  — iii  fcf  lh>  prwrtdbg rf  IW  Mid  ifcipi ; 
utd  is  ••pKialia  Eutar  IWw  in  tha  thbHiU  ymt  ^  tkt 
ralCB  af  au  &>w«in  t'i*^  >^  Kii«  tinrt  Mtr  b.  a  Writ 
o<  Mn  >WH  WM  avodad  •«  of  tb*  Cbart  af  EadM^  ■«  I* 
Ika  tka  aNViff  oT  Bi.liiiufcaBiliiw  ifuil  iaha  II  nil  , 
h^ra,  10  a|f«r  ud  •!»«  oaVM  VI17  la  AaaU  Mt  W 


a«r  IW  Euha^aM- a^aarscd  tW  HM«Ma  Wtolkt 


mmI  at  Iraftii  it  «ai  than  ifltaad  bjr  tbt  gnalar  part  af  aB 
tU  JtHtien  uf  iba  rami*  of  Kiav'i  Baa^  wd  CWama  PIm. 

•ad  af  Dm  Ibram  af  Um  Eiahaswr  tWa  11 tl  l„  Um  tk 

■  Ua»rd«  abavld  ha  ahu«ad  wttit  iW  mU  aw  ■  aa 


tka  Mid  Jariitaa  aad  Baraaa  wUah  aa  iftaad  baia^  tkA  w^m 
tha  good  aad  aalat^  si  tW  kii«dsM  ta  gaail  b  aawaaMJ. 
aMi  Iba  wbOa  fciafdaa  u  da^w,  tk  Kimg  wl^  kf  «n» 
aadv  Iha  Onat  BmI  af  CB«bad  I  all  iha  Ml4«fa  aT 

Ihbhb  Uagdm  al  tk«r  ^b«|a  la  pntida  aad  fanbh  nab 
aaabw  o(  dup  with  mb,  vbtaab  aad  BwiUaa.  aad  to 
Mak  IbM  aa  tlM  Ki^  akeaU  tUak  tl  far  tW  datoat  aad 
niMgaard  of  Um  fciigtiii  tnm  ladi  daagar  aad  fmO,  aad 
tWi  hr  lav  Iba  %i^  m^^  ttmfri  tbt  dai^  Ibaaal  ia  ^ 
oT  nAHal  or  iWiaslariaMi,  aad  tUl  tba  Kii«  b  tba  aab 
Jad|a  hMb  «rf  tba  Jkafm,  aad  vbn  aad  how  tba  mmm  b  to 
I  aTcidid ;  ManoP^  to  which  gnwa^  aad 
I  aU  Iba  Jaatbaa  of  lb«  aaid  Caarta  af  Kiaf'i  Bhwb 


ha*i^  baaa  fanavlj  taaanltod  «hh  I9  Hb  K^art/a  aaM- 
■aad,  had  Ml  Ibair  kaada  to  as  ntraMinai  afUaa  M> 
ftaiaid  to  tba  laaa  |af|in.  whU  oftaba  ailfc  tb«r  ■ 


1641]      ytci  declaring  the  illegcUity  of  Ship-money     191 

thereunto  was  also  by  His  Majesty's  command  enrolled  in 
the  Courts  of  Chancery,  King's  Bench,  Common  Pleas  and 
Exchequer,  and  likewise  entered  among  the  remembrances 
of  the  Court  of  Star  Chamber,  and  according  to  the  said 
agreement  of  the  said  Justices  and  Barons,  judgment  was 
given  by  the  Barons  of  the  Exchequer  that  the  said  John 
Hampden  should  be  charged  with  the  said  sum  so  assessed 
on  him :  and,  whereas  some  other  actions  and  process  depend, 
and  have  depended  in  the  said  Court  of  Exchequer  and  in 
some  other  Courts,  against  other  persons  for  the  like  kind  of 
charge  grounded  upon  the  said  writs  commonly  called  Ship- 
writs;  all  which  writs  and  proceedings  as  aforesaid  were 
utterly  against  the  law  of  the  land:  be  it  therefore  declared 
and  enacted  by  the  King's  Most  Excellent  Majesty  and  the 
Lords  and  the  Commons  in  this  present  Parliament  assembled, 
and  by  the  authority  of  the  same,  that  the  said  charge  imposed 
upon  the  subject  for  the  providing  and  furnishing  of  ships 
commonly  called  Ship-money,  and  the  said  extrajudicial  opinion 
of  the  said  Justices  and  Barons  and  the  said  writs,  and  every' 
of  them,  and  the  said  agi*eement  or  opinion  of  the  greater 
part  of  the  said  Justices  and  Barons,  and  the  said  judgment 
given  against  the  said  John  Hampden,  were  and  are  contrary 
to  and  against  the  laws  and  statutes  of  this  realm,  the  right 
of  property,  the  liberty  of  the  subjects,  former  resolutions  in 
Parliament,  and  the  Petition  of  Right  made  in  the  third  year 
of  the  reign  of  His  Majesty  that  now  is. 

11.  And  it  is  further  declared  and  enacted  by  the  authority 
aforesaid,  that  all  and  every  the  particulars  prayed  or  desired 
in  the  said  Petition  of  Right  shall  from  henceforth  be  put  in 
execution  accordingly,  and  shall  be  firmly  and  strictly  holden 
and  observed  as  in  the  same  Petition  they  are  prayed  and  ex- 
pressed ;  and  that  all  and  every  the  records  and  remembrances 
of  all  and  every  the  judgment,  enrolments,  entry,  and  proceedings 
as  aforesaid,  and  all  and  every  the  proceedings  whatsoever,  upon 
or  by  pretext  or  colour  of  any  of  the  said  writs  commonly 
called  Ship-writs,  and  all  and  every  the  dependents  on  any  of 
them,  shall  be  deemed  and  adjudged,  to  all  intents,  constructions 
and  purposes,  to  be  utterly  void  and  disannulled ;  and  that  all 
and  every  the  said  judgment,  enrolments,  entries,  proceedings 


19a  ( OHSiiiutwmU  /hHitmrmis  i««i 

«ii(l    «i«  |irh«lriil>    <t|    wlmt    kilnl    ^•*\rt.    shall    li«    ta*  Jif«*«1    AtiH 

CAnri-Ufd  111  •iu*h  lujitiuri  tkw\  U*rni  m  rfi(>rU  um  If  ^«  lluit 
»r«  vATAteti. 


37     AfT  r«»ft  rii».  iiMiTATi"^  nr  Kitufriv 
Auiiitti  ;.  1641      17  «  M   1   i«f    1^      HtA*   tM  Af  th'  KmIic.  «    1:9 

^*«  iSTijr     ./  Kntfi    II     415 

.4n    .4-f    for  iKf   ftn»U9ti%4  nr    h'r*m».  nnJ   "f  tK4   mftrg^    ■*#«*! ' 

f  \V)ifi«A«i  )»  Alt  iif  I'at.t  lUiriit  n:A«lr  m  tKi  lir«?  %f^r  uf 
the  nitri.  of  thr  Uir  Kill;;  F«lw*ri1  tin*  Thinl ',  it  it  uniMiM«l 
that  iIm*  tihl  |)ermmbiiUtioii  of  thr  fontt  in  tbe  tinM  of  RiDfr 
K<l«aril  th«*  I'lr^t  vhnuld  l<*  thrnrrf  rtb  hi  •Mm  in  hkr  fctra 
All  it  m.i»  thru  titMi'U  At.d  Uuittlfii.  *Ofi  in  *uch  pUc^**  whert 
it  ma^  iit>t  UrtRfhii.  thi  Kii.;;  wnutil  that  it  ^hoaM  Iw  )■  ob4cb 
h\  fTi-tNl  ni«  n  A  ml  lawful :  An«l  wherena  f<r  niJinj  airrt 
If  itAin  tiii-flp.  m<NT«.  limit*  %\  d  Uiuinl*  of  thr  furr^fp.  baTr 
ci>mnv-nly  km-wn  »ii'i  nh»rrvr<i  in  thr  ftrTrral  I'uui.tir*.  wbrma 
t^ir  Niid  frt^t*  Itr  ai.il  mhirta*  nf  Utr  diTrn  |irr«riitniMili 
hj\r  \<^u  inii'li  Ai.il  Nitnr  ju<I^*nir&ti  ffivrn  whfrrl'T  the 
TwrtT*  liiiiiM  .iihI  UuntI*  Iif  wmr  nf  thr  Ml  1  formtf  Hatv  K 
>«rii  U'1%  <  tt«ii<iri|  nr  iirrtrndrd  to  ritn.tl  lirTunfl  iniii#  of 
tYji  n)<>t\  mrcrii  limit*  »nr1  Uiuncli  •■•  i*oiutiKinlT  kni'-n  mwA 
f«-Mr.rilv  (>)>»rrTe«).  t  the  frrr*t  ^ir^ancr  iinti  %<-iAt:nn  of  mmnj 
|irrM-t.»  }ui%ii>tr  Ui.'U  iiiij4>inin({  to  thr  >aiil  lurrtn.  nif«r«,  limttt 
.%tMi  U'.ti-.-i*  •*\  (I  mniniilv  knnwn  anil  formrrlv  c>l»trrTt«i  aad 
whrrr.i'  >  f  latr  tiinf  «• -mr  riidi  ii\oiir«  <ir  firrtrnrrp  havr  W«« 
ti>  »rt  i-n  ti-tit  !irr»t«  in  tnnir  |iArt«  nf  tbii  rralm  mi-!  Ibv 
iii>mit.p  1.  I't  W.t!r*  whrre  in  truth  ni-nr  baTf  b^n  or  ougiit 
•f>  U  i-r  at  Ira*t  h^vr  ri' t  >irrri  ijmn|  ..f  Idnif  tiiBf  for  rrn.r4y 
thrrr«  f.  may  it  |  IraM'  y.ur  Mf»«t  F.irillrnt  llaj^fttT  UkAt  it 
)«•  ilrilarrd  ai.il  rnartrl  hy  authi  n*}  ^f  l*arliamrnt .  aiKi  b* 
It    li.  i  ami  ii.jirtrtl  l<\  iht  Kini?!  Mn«t  Kicrl!rnt  M^|r«(j 

•   |\i««Uffm  •  MMaur«a 

*  I  S.  III.  M.  a  c.  I 


i«4x]  Act  for  the  limitation  of  Forests.  193 

and   the    Lords    and   Commons    in   this    present    Parliament 
assembled,  and  by  the  authority  of  the  same,  that  from  hence- 
forth the  meets,  meers,  limits  and  bounds  of  all  and  every  the 
forests  respectively,  shall  be  to  all  intents  and  purposes  taken, 
adjudged  and  deemed  to  extend  no  further  respectively  than  the 
meets,  meers,  limits  and  bounds  which  in  the  several  Counties 
respectively  wherein  the   said  forests  do  lie  were  commonly 
known,  reputed,  used  or  taken  to  be  the  meets,  meers,  limits 
and  bounds  of  the  said  forests  respectively  in  the  twentieth 
year  of  the  reign  of  our  late  Sovereign  Lord  King  James,  and 
not  beyond  in  any  wise  any  perambulation,  or  perambulations, 
presentments,  extents,  surveys,  judgments,  records,  decrees,  or 
other  matter  or  thing  whatsoever  to  the  contrary  notwith- 
standing:  and  that  all  and  every  the  presentments  since  the 
Bald  twentieth  year  made,  and  all  and  every  other  presentment 
and  presentments,  and  all  and  every  judgment  and  award  upon 
or  by  reason  or  pretext  of  any  such  present  or  presentments, 
and  all  and  every  perambulation,  and  perambulations,  surveys, 
extents,  and  other  act  and  acts  at  any  time  heretofore  had  or 
made,  by  which  the  meets,  meers,  limits  or  bounds  of  the  said 
forest,  or  any  of  them,  are  or  are  pretended  to  be  further  extended 
than  as  aforesaid ;  and  also  all  and  every  presentment  of  any 
other  person  or  persons  at  any  Justice  seat,  Swainemota,  or 
Court  of  Attachments,  for  or  by  reason  or  by  colour  of  any 
act  or  acts  whatsoever  done  or  committed  in  any  place  without 
or  beyond  the  said  meets,  meers,  limits  or  bounds  respectively, 
so  commonly  known,  reputed,  used,  or  taken  as  aforeeaid,  and 
all  and  every  fine  and  fines,  and  amercement  and  amercements, 
upon  by  reason  or  colour  of  any  such  presentment  or  present- 
ments, shall  from  henceforth  be  adjudged,  deemed,  and  tabDn 
to  be  utterly  void  and  of  no  force  or  effect ;  any  law,  statute, 
record  or  pretence  whatsoever  to  the  contrary  notwithstanding. 
II.  And  be  it  further  enacted  by  the  authority  aforesaid, 
that  no  place  or  places  within  this  realm  of  England  or  dominion 
of  TV  ales,  where  no  such  Justice  seat,  Swainemote,  or  Court  of 
Attachment  have  been  held  or  kept,  or  where  no  Verderers 
have  been  chosen,  or  i*egard  made  within  the  space  of  sixty 
years  next  before  the  first  year  of  His  Majesty's  reign  that 
now  is,  shall  be  at  any  time  hereafter  judged,  deemed,  or  taken 


ComstitMtionat  Daeumtnta 


C>^^| 


to  ka  tonal,  ur  viibin  tW  I 


■  oTlkafcrM:  Wt 


famtMl.  Md  trwd.  ud  n^^ud  fria  tW  brat  bwa;  My 
JimUm  a«t,  HwbMinla,  m  OD«ut  W  AttMhMM  kU  or  kafi 
wilUa  «r  Car  aaj  aneh  plaaa  or  plarai  at  »mj  ilam  m  (uaaa 
■aea  tiM  tK(iu«ii|  af  Hi*  M^jaatj'i  wid  ni(>,  or  >v  yraart 
aMt,  •oquiT.  a<«,  of  tUog  hMMofos  nada,  at  bwMlkac  to 
b  Mwla  or  doaa  to  tte  aantnu?  aalwitlMfawdi^ 

HL  HwMlailalaowMdbaitfwtJharaaMtodbjtbMtkari^ 
rfamaM,  dtot  fv  tha  baltv  pMla«  iato  wrtiwif  >U  «■! 
•TCfT  tka  waala.  Mwra,  boasdi  aad  Hate  «f  all  «■!  anfjr 
\k»  fanala  aa  alhraaiJ.  tha  Laad  CiMaalkr  w  Lar4  Kmir 
of  lU  Oraat  Baal  aT  EhUU  fcv  iIm  tina  Ui^  ^U.  ** 
virtM  of  tlya  A«t.  lyaB  nqwit  W  m?  of  Um  Kan  id  tkM 
U^doa,  ar  «(  tha  Kaighla  wd  BuftMaa  «(  tka  hrlHMM 
•r  U7  af  tlMB,  ffMl  wml  wiwiiwa  awlv  tU  Ot«^ 
Baal  at  Emk»4  to  OoMMMaaam  fa  ba  wiaHai  wayaatiwly 
bjr  tba  mmI  Pmo^  Kai^rt»  aarf  BiigiiiM.  aa  aq  rf  tU«,  to 
aaq«irt  «f  aa4  lad  a«t  bgr  iirniirti  af  gaad  aad  kwM  mb 
■paa  oalb.  aad  tijr  tba  aMha  td  witoaaaaa  «l«  W  fwlaiirt  at  tte 
aU  iw|Ma(a,  amI  bj  aU  oUwr  UmtaX  mmm,  aU  aid  aawy 
Ik  aacn.  Mal%  bwuwb  aad  tuita  of  tka  roraMa  rMyaeti>J|. 
wU«k  wan  ootonady  Iraawa  to  U  iWr  aaan,  mata,  havA 
aad  Umita  naiMalitri/  is  lb*  md  t««atktk  yaar  af  ik>  faipi 
■r  aw  lato  SovaraigB  Lard  Kiof  Jaaaa;  awl  to  ratoni  iW 
iw|Mrta  to  tokaa  lato  Iha  Caut  af  ChaM«T.  aad  ite  all 
Md  arifT  Ik  Sbwifli  mI  BailA  •(  ami  ia  amj  CMatj 
wknJa  aiv  Mek  biianla  dadl  ha  ■>  to  ba  tokaa;  aad  all 
aal  awwy  tlw  Vadama^  rorartar^  Bii^ara.  mA  otkr  ■&■■ 
<|Im  ianal  laapaetivalj,  »kfa  aajr  ladi  aOam  k  JmU  W 
iiiiilial  ladillaiiihani  till  iinnHrri  Tlh  toirl  iiaaiMi^i, 
■ciiidl^  m  by  TOla*  af  iba  aaid  a— aiaMaaa  na^aMiwi^  Ikay 

dWl  U ■  ';  aad  wkara  aa  aaak  oAtats  »  or  whan 

■Mb  aAaan  ba.  tf  tlMy  oraajaf  thm  ikaU  nfca*  or  aajUo 
aaab  awialaaia  aad  iHiadiani  aa  afciitoid.  Ihaa  tba  toid  Cato- 
D  aad  B^  paaatad  ailhaal  IhiB  is  tha  aaaaataM 


1641]  Act  for  the  limitation  of  Forests  195 

shall  be  so  returned  and  certified  by  virtue  of  auy  the  said 
commissions  as  aforesaid,  from  thenceforth  shall  not  extend, 
nor  be  extended,  nor  be  deemed,  adjudged,  or  taken  to  extend 
any  further  in  any  wise  than  the  meets,  meers,  limits  and 
bounds  that  shall  be  so  returned  and  certified;  and  that  all 
the  places  and  territories  that  shall  be  without  the  meets, 
meers,  limits  and  bounds  so  returned  and  certified,  sliall  be 
and  are  hereby  declared  to  be  from  thenceforth  free  to  all 
intents  and  purposes  as  if  the  same  had  never  been  forest, 
or  so  reputed ;  any  Act  or  Acts,  matter  or  thing  whatsoever  to 
the  contrary  thereof  notwithstanding. 

V.  Provided,  and  be  it  further  enacted  by  the  autbodtj 
aforesaid,  that  all  and  every  the  grounds,  territories  or  places 
which  have  been  or  are  disafforested  or  mentioned  to  be  dis- 
afforested in  or  by  any  Letters  Patents,  Charters,  or  otherwisa 
since  the  said  twentieth  year  of  the  reign  of  our  said  late 
Sovereign  Lord  King  James,  shall  be  excluded  and  left  out 
of  the  meets,  meers,  limits  and  bounds  of  the  forests  which 
are  to  be  enquired  of,  returned  and  certified  by  virtue  of  the 
said  commissions,  or  any  of  them  respectively,  and  shall  be, 
and  hereby  are  declared  and  enacted  to  be  utterly  disafibrestecl, 
free,  and  exempt  to  all  intents  and  purposes  as  if  the  same 
had  never  been  at  all  forest,  or  so  reputed ;  any  thing  in  this 
present  Act  contained,  or  any  other  Act,  matter  or  thing  what- 
soever to  the  contrary  in  any  wise  notwithstanding. 

VI.  Provided  nevertheless  and  be  it  enacted  that  the  tenants* 
owners,  and  occupiers,  and  every  of  them,  of  lands  and  tene- 
ments, which  shall  be  excluded  and  left  out  of  the  meetl^ 
meers,  limits  or  bounds  of  the  forests  to  be  returned  and 
certified  by  virtue  of  any  the  said  commissions,  shall  or  maj 
use  aud  ex^joy  such  common  and  other  profits  and  easements 
within  the  forests  as  anciently  or  accustomarily  they  have 
used  and  enjoyed ;  anything  in  this  present  Act  contained,  or 
any  Act  or  Ordinance  made  in  the  three-and-thirtieth  year  <^ 
King  Edward  the  First,  or  any  onstom  or  law  of  the  forest, 
or  any  other  matter  or  thing  to  the  contrary  thereof  not- 
withstanding. 


o  t 


A*  Am  fie  At  jiiiiiii*iiii  y  MM 

At  Ordt  ^  KmifkAcmL 

WImnm  ofM  fwwkmt  rf  M  Mbnrt  imL _    __ 

thb  mla  ^  Ra^u4.  llMl  MM  cT  Ml  ^*  hiii«  Ml  Kal^i^ 
Mtd  bd^  NiMd  of  iM^  <r  rvli  If  Ibi  yvHr  niM  itf  Mr 
pMiiii  or  ■»•«  (mftAXfy  if  tlMir  MbM  hwl  m  Matfaari 
hr  llw  opMO  of  tfaw  TMra  mrI  pMt).  Bight  ho  wyoUiJ 
I7  ti»  Kioff'o  wrk  to  nm**,  w  tain  apM  lh«  tho  Oi4v  itf 
KnighlliocNl.  v  oIm  Ui  atko  Im  far  tho  aaoharf  or  101^*^ 
oftbiMw,  w««nl  vrili^  obMt  Iho  t«(iMiii(  i«  Hio  1I4«*7'" 
lilga  faMod  out  of  tbo  Oottrt  of  Ctmmmrj  tor  fwHMiilfaM 
U  bo  Modo  m  omy  Coiwtj  U  tUt  parroM,  lad  l«  wrtiiyiag 
tiM  BUMM  ef  oO  Hck  pttooM.  Bad  far  faMMoaiaf  thoa  fo^ 
anallj  to  iffMr  is  tW  Ri^a  pfMBi,  brfwo  •  efvtota  itf, 
to  W  Umi*  raadj  to  roMira  iW  «U  Orlor  or  Dlfailj:  afaa 
Mara  of  vhMi  writo.  and  InMailtiBt  tiw  mm  wilk  iMr 
ntafM  lata  Um  Ooart  of  EadkaqaM,  Md  apM  albM  vrito  far 
AwtW  ia^rj  of  Uw  oasM  of  rm^  poraoM  iamag  oat  «f  Iki 
*aU  Coart  rf  Eub«|aor,  prsMH  by  Amm^m  «w  iboaoo  aodt 
■galMl  a  nry  gnal  aaabw  of  fwaa.  aaajr  of  »Uah  wva 
olfaflrtiMr  ull,  b  toganloahvafartatoor^aalitr.  tormh* 
tW  nM  Ordv  or  O^iilj,  asd  t^tf  Muiy  v«f«  pal  to  friw 
faM  aad  otW  MMkicM  far  tb*  mmo,  akboafb  te  tratb  il 
«N«  Mt  M*oiwUy  hiMMnt  hMT.  or  la  vfaat  Mrt,  or  wtmn 
IhtT.  w  Mj  of  Ibna,  oboaU.  or  alfbl  Im*o  idiiiBil  tboM. 
mNm  far  nmMH  tbr  mid  Orfe  or  Die***?,  wd  fcr  M*i^ 
IboBorftii  tbowhy  ft«M  Uw  Hid  Imo,  pwfM  aad  thiIjim: 
Md  «1m«m  U  fa  MMl  ^yanat  that  all  and  arcrj  Mcb 
fwiiillin,  la  Hfaid  of  thr  aattfr  tbnwia  |riHafad.  la 
■Itogalbar  aMfan  aad  aHMMaaUi:  may  H  Uwialwo  yfaaa 
|Mr  Moat  KanllMt  M^mIj  ikA  H  bo  by  aatlwrity  af 
fWririB  1 1  ilwlaii  Md  iMitii;  Md  br  H  daofarad  aad 
oaaolod  by  llw  Kia^a  HhI  KaooBoat  U^Prfy,  aad  IW  Ltr^ 


1641]    Resolutions  on  Ecclesiastical  Innovations.     197 

and  Commons  in  this  Parliament  assembled,  and  by  the 
authority  of  the  same,  that  from  henceforth  no  person  or 
persons  of  what  condition,  quality,  estate  or  degree  soever, 
shall  at  any  time  be  distrained  or  otherwise  compelled  by  any 
writ  or  process  of  the  Court  of  Chancery  or  Court  of  Exchequer, 
or  otherwise  by  any  means  whatsoever,  to  receive  or  take 
upon  him  or  them  respectively  the  Order  or  Dignity  of  Knight- 
hood, nor  shall  suffer  or  undergo  any  fine,  trouble  or  molestation 
whatsoever  by  reason  or  colour  of  his  or  their  having  not 
received  or  not  taken  upon  him  or  them  the  said  Order  or 
Dignity ;  and  that  all  and  every  writ  or  process  whatsoever, 
and  all  and  every  proceeding  which  shall  hereafter  be  had 
or  made  contrary  to  the  intent  of  this  Act,  shall  be  deemed 
and  adjudged  to  be  utterly  void;  and  that  all  and  every 
process,  proceeding,  and  charge  now  depending  by  reason  or 
colour  of  the  said  pretended  custom  or  writs  aforesaid,  or  of 
any  the  dependents  thereof,  shall  from  henceforth  cease,  and 
stand,  lie  and  remain  discharged  and  utterly  void,  any  former 
law  or  custom,  or  any  pretence  of  any  former  law  or  custom 
or  any  other  matter  whatsoever  to  the  contrary  in  any  wise 
notwithstanding. 


39.  Resolutions  of  the  House  of  Commons  on 
Ecclesiastical  Innovations. 

[September  i,  1641.     JounuJs  of  the  Uouie  of  Commoni,  ii.  279.     See 

Hiii.  of  Engl.  x.  14.] 

Whereas  divers  innovations  in  or  about  the  worship  of  Qod 
have  been  lately  pi-actised  in  this  kingdom,  by  enjoining  some 
things  and  prohibiting  others,  without  warrant  of  law,  to  the 
great  gtievance  and  discontent  of  His  Majesty's  subjects;  for 
the  suppression  of  such  innovations,  and  for  preservation  of  the 
public  peace,  it  is  this  day  ordered  by  the  Commons  in  Parlia- 
ment assembled : 

That  the  churchwardens  of  every  parish  church  and  chapel 
respectively,  do  forthwith  remove  the  communion  table  from 
the  east  end  of  the  church,  chapel,  or  chancel  into  some 
other  convenient  place;    and  that  they  take  away  the  i-ailsi 


CffHjMUWfMt/  Dvmmailt 


I rftfc.  IVMtr.  m4  iO  iM«o  "f  1^  ViTVtt  Mwy.  ihdl 

Wtolw»«— y— d  iliiliiliii:  inJ  Mwt  all  ifwi.  i  i  II  Ihh 


M«Uafml  ^wAm  «f  dm  UngdM.  m^  all  tbi  iiill^hli 
dwrchM  or  chftpak  i>  iW  t««  Uunnttin.  m  tmf  aibir 
pkrt  a(  Ik  loiiiJpM;  Md  !■  iW  IWfIt  Chdnk.  Mri  Ibt 
d»H>  i'  t^  "t^»  !«■  "f  Oom*^  W  I!"  »M'>*  *f  tk  «tf 
flrilwAnl  cIismIm,  kr  ll»  nM-ChunOun  of  iW  mU  Vai- 
f«niUa^Mi4  bj  Ik  hMda  lai  (Mvraon  af  Um  wMnI  allitiv 
mmI  Ulb  rfgwuiJ  1  M<1  br  Um  kMkn  mmI  rwbr.  in  iW 
mid  Ibm  of  CmK  twpMMWjr  i 

Tkt  tW  LonTi  Uny  riMll  k  <l«l7  .4iw>rf  m>4  wMti«Ml. 
ftU  ^MMtag  «r  oikr  ipdHa.  «(tkv  Ww  or  ilkar  dMa*  «r*iM, 
k  farktM  ud  MitniMd ;  ud  tkt  Ik  fnmU^  wt  Qmt* 
WtHkpmBiUid  u  tk  ■JWaooa  fai  tk  ■unbJ  ikwha  mi 
ckp«h  «r  llik  hngdM .  ui4  tkl  KiaMm  Ml  pvwkn  k 


Tkl  tk  ViM-CkMtUm  «/  Ik  rnivcrwiMa.  I 

MkMTtiitel*  oT  tk  |««nBU(*arik»M4m:  mmk  if 
Ik  «■•  akll  Mt  k  gknrcd  ia  mj  vf  Ik  |iJm  kfan- 
MiBlhi— A.  apM  wfhirt  tknrf  mm^  t«  tk  !«•  ant 
JuUm*  (tf  Pm^  H^,  w  kid  ■■■111  of  eitiw,  m  tmnm 
■(•:  il  b  «nknd.  tkl  Ik  aaU  JmImm.  Ibjrar.  er 
tr  ^  «Aw  nipMtivdr,  akB  auHnw  ik  Iralb  ^  all 
I  wrhinli.  Md  «Mtil^  hf  «hHt  drfMit  tk  ^  in 
MiUad:  J  wliiA  iMliiMlii  aw  to  k  drfiwU  ia  IWIk- 
il  brfk*  Ik  UiblMMk  td  Oil  Air  umi. 


1641]    Instructions  to  the  Committee  in  Scotland   199 
40.  Obdeb  of  the  House  of  Lobds  on  the  Sebyicbs 

OF   THE    ChUBGH. 

[September  9,  1641.  Imprinted  at  London  by  Robert  Barker,  printer  to 
the  King's  Most  Excellent  Majetty,  and  by  the  Anigna  of  John  Bill. 
See  Hut  of  Engl.  z.  16.] 

Die  Sabbati  16  Januarii,  1640  ^ 

It  is  this  day  ordered  by  the  Lords  spiritual  and  temporal 
in  the  High  Court  of  Parliament  assembled,  that  the  divine 
service  be  performed  as  it  is  appointed  by  the  Acta  of  Parlia- 
ment of  this  realm;  and  that  all  such  as  shall  disturb  that 
wholesome  order,  shall  be  severely  punished  according  to  the 
law ;  and  the  parsons,  vicars,  and  curates  in  the  several  parishes, 
shall  forbear  to  introduce  any  ntes  or  ceremonies  that  may  giye 
offence,  otherwise  than  those  which  are  established  by  the  laws 
of  the  land. 

Die  Jo  vis  9  Septemb.,  1641. 

It  is  this  day  voted  by  the  Lords  in  Parliament,  that  the 
order  abovesaid  shall  be  printed  and  published. 


41.    EXTBACT    FBOM   THE   InSTKUCTIONS   TO   THE   COMMITTEE 

IN  Scotland,  proposed  by  the  House  of  Commons. 

[November  8,  1641  '.     Journals  of  the  House  of  Lords,  iv.  431.     See 

Hiii,  of  Engl.  x.  55-57.] 

•  •••••  •••• 

7.  Lastly ',  you  shall  represent  to  His  Most  Excellent  Majesty 
this  our  humble  and  faithful  declaration :  that  we  cannot 
without  much  grief  remember  the  great  miseries,  burdens, 
and  distempers,  which  have  for  divers  years  afflicted  all  his 
kingdoms  and  dominions,  and  brought  them  to  the  last  point 
of  ruin  and  destruction ;  all  which  have  issued  from  the 
cunning,  false  and  malicious  practices  of  some  of  those  who 
have   been   admitted   into   very   near  places    of  counsel    and 

>  I.e.  i64f. 

'  Presented  to  the  Lords  on  November  g, 

^  The  preceding  instructions  relate  to  the  preparations  for  the  Irish 
war. 


90O  CoHSiUuiioHal  Docmtmenis  li4«i 

AOthority  about  liim,  who  luTr  hetn  CiTourcn  of  P^prr^. 
ftUprntitioii  and  iiiiioTmti<»o.  *uhT«rtrr»  uf  rpIii;i<»o,  htmnar  aiwi 
jiutice,  fActort  fur  |>r«»iiioUiifr  tb«  ci»«ign^  of  forriKi  |irit»ce« 
and  iiUtei,  to  tb«  if r rat  aud  Appttreiit  dangrr  of  hit  ruyal 
|Kr«uii,  crowu  Aud  dif(iiity,  ami  of  all  hit  pn>pl«* .  Authun  of 
UIm  •camiali  aiitl  jt-alnu^im  lie(i»iit  Hit  Ma'ettT  and  hit 
IiiviiiK  »uhjr€t».  t*ii«'iuir«  to  th«-  fiea*^.  union  aii*!  cofifi<Uoc« 
lM-t»iit  him  aiid  hia  Paiiiiiiiirijt.  which  it  the  tumi  fuai>iUuoQ 
of  pTutiM-rity  ami  Kr^atiie*t  to  Mi«  MajtftT*  ajid  «if  comfurt  and 
hupa  to  them  :  tliat,  hy  th«ir  onintrli  and  •odcsTuttrB,  iboae 
great  lumt  whi«*h  kiave  U-cn  latrly  dnrnu  fri*in  tlaa  people  have 
lirrii  <*ither  coutumrd  uii profitably,  or  lu  the  maint^naaca  of 
such  df*figi)t  «•  iiaTf  be«-ii  miachi«*V(*u»  ai.d  drttnictire  to  tike 
State ;  ami  whiltt  wr  have  bern  Ubounog  to  tup|aift  III* 
Majesty  ti>  iHii^e  i»ut  the  corrupts 'lu  and  retttire  tba  decAji 
loth  of  thr  Churrh  ami  State,  othrn  of  thnr  fartioo  ami  |*ny 
have  Ufii  4X>iit riving  hy  \itileuc«-  to  »ii{|irr««  the  li^^rty  of 
rar)i«iinfiit,  Ami  emiaii.'er  thr  Mifrty  of  thfat-  wiko  htTr  fp|B«ed 
•uch  wit  kril  amt  |i«niii-it»ut  courte* 

8  'lliat  >»«*  hik%e  ju^t  i-aute  of  Ulief  that  th««r  O'litpiraci^^ 
and  c«'tnniotii»ut  in  lirland  arf  hut  th*-  «*ff.  <-!•  uf  the  atae 
ciiunMU;  Aud  if  pri^int  of  «U(  h  aim«  aiul  «- •mlitiont  thall 
»till  i«>titii.ut'  III  (n*<iit.  authority  and  rnipl>i%iiii>nt  tb^  KV^^^ 
Au\*  «tlii«h  nr  >^  all  Im-  f*n!«>riri  tn  dni%i  tr<<ni  hit  |in  pir 
tor  ^uUluini;  th«-  ithelli>*n  in  Ii«-Ui.<i  «iill  U*  applir^l  to  t^^ 
l>  turiitM.u'  .itfi  tlirtuhilltf  ff  it  th-rr  ti.d  •  nci»uiai;in|>  te'Blr 
turh-liki-  attriniit  h\  thr  Pii|>i**«  aU*\  ill-affe«te«i  •ul>jf«'ti>  tu 
Kn^lanii.  an^l  in  thr  c*ih1.  ti*  ti.f*  •uli%>i«n'n  i*t  rrlitfion  ami 
dr»tniction  of  iii»  Iti\)il  puhj'tt*  in  \t  th  kiMfiium*  .  ai.d  do 
th<rrfori<  luo^t  liiiinMy  ii«*«e«-«  h  H.«  llie*!\  to  th»ti|rr  th*«r 
ititin*tl«>.  Im  ni  lAhuh  »tc\i  ill  «<ii:«c«  ).a\r  pnce»tir<l.  ai.-l 
i*M  ■^  !.«%•  >  au  •  :  »*•  II. any  ini«fiit«  ah.I  dai'^cr*  tti  htn.ttrlf 
*:  «1  \\  ii.'  «i«>ii.-|.i  l.o  .\U*\  th  tt  If  Mii!  \w  ^*:ai  ii»u»Iy  |'le»*r*l 
ti)  •  11)1  .  \  «:;i  ?i  .  <  lii.-r.itT*  ai.d  niii.t**>r-  .it  »Kall  Im*  appruv*^ 
h\  i.it  I  .ir!:  .ni' t.t,  wl.o  .\rf»  hj«  k.'rr«*v«t  aiid  moit  faitiiful 
*  mi:  1  t!  •  *  t.«  |-  I  >  n:ay  mri.  c*>.iT%c*-  a?  il  i^^i  ti  irt.'-e 
■  »i.  iir^*.'  :•.  hirfcT  u.-l  ba/at'l  t.|*  t:.jf  ».*r  .*nd.  l-y  ti.eir 
U>  .nt\  ai.'i  ti.fhfu.  '-^''-rav.  nr*  <«  i^t.  i  •>«{'»  !a\ii;;i  anil  Me«*inc* 
tiat 'le   t'*  H.o    M.o«*«*\   ai.i   thit   kii  ,:  itvi.    tl.at    ho  •  .ir. 


1641]  The  King's  Speech  to  the  Recorder  of  London  201 

safety  and   prosperity   which   they   have    enjoyed   in    former 
times. 

And,  if  herein  His  Majesty  shall  not  vouchsafe  to  condescend 
to  our  humhle  supplication,  although  we  shall  always  continue 
with  reverence  and  faithfulness  to  his  person  and  his  crown, 
to  perform  those  duties  of  sei'vice  and  obedience  to  which,  by 
the  laws  of  Ood  and  this  kingdom,  we  are  obliged,  yet  we  shall 
be  forced,  in  discharge  of  the  trust  which  we  owe  to  the  State, 
and  to  those  whom  we  represent,  to  resolve  upon  some  such 
way  of  defending  Ireland  from  the  rebels  as  may  concur  to  the 
securing  of  ourselves  from  such  mischievous  counsels  and  designs 
as  have  lately  been,  and  still  are  in  practice  and  agitation 
against  us,  as  we  have  just  cause  to  believe ;  and  to  commend 
those  aids  and  contributions  which  this  great  necessity  shall 
require,  to  the  custody  and  disposing  of  such  persons  of  honour 
and  fidelity  as  we  have  cause  to  confide  in. 


42.  The  King's  Spbsch  to  the  Recobdeb  of  the  Citi 

OF  London. 

[November  25, 1 64X.     Rush  worth,  iv.  430.    ^w  Eui,  of  Engl,  x.  %^'] 

Mr.  Recorder, 

I  must  desire  you,  because  my  voice  cannot  reach  to  all 
those  that  I  desire  should  hear  me,  to  give  most  hearty  thanks 
to  all  the  good  citizens  of  London,  for  their  hearty  expressions 
of  their  love  to  me  this  day;  and,  indeed,  I  cannot  sufficiently 
express  the  contentment  I  have  received  therein,  for  now  I  see 
that  all  these  tumults  and  disorders  have  only  risen  from  the 
meaner  sort  of  people,  and  that  the  affections  of  the  better, 
and  main  part  of  the  City,  have  ever  been  loyal  and  affectionate 
to  my  person  and  government. 

And  likewise  it  comforts  me  to  see,  that  all  those  mis- 
reports  that  have  been  made  of  me  in  my  absence,  have  not 
the  least  power  to  do  me  prejudice  in  your  opinions,  as  may 
be  easily  seen  by  this  day's  expression  of  joy. 

And  now  I  think  it  fit  for  me  to  assure  you,  that  I  am 
returned  with  as  hearty  and  kind  affections  to  my  people  in 
general,  and  to  this  City  in  particular,  as  can  be  desired  by 


Coiotitmiionai  Dixuwmiti 


I  in   n^  In  Uxmam  |>r«lM 
)w  EHwMk  Md  nr  bthw;  and  tUt  1  «iU  do,  V  mmJ  W, 
a  lb*  hmmrA  •(  aij  Kfc  mkI  kII  Ifail  b  iImt  t*  ■». 
A*  Ibr  tW  Ci^  b  rHtidakr.  I  •kkU  (tv^y  bjr  kD  wwh 

'  ~       n*  yoB,  1  »9I  tfi^r  gnat  Um* 


MM  ««  tU  Otji  Md  likMiM,  I  lUll  tt«4y  to  i hJili 

tkal  iMffaU^  liwk  vUek  mw  te  to  mm  tfHriw  iMi«M 
jM,  vMHi  I  iImI*  Ml  ta  i«Mt  whh  tte  «Mi  ^Mmh  «I 


Om  lUi«  I  fan*  thMgU  •(,  M  a  pwtiaikv  iftiliii  to 
!•«.  vkiflli  k  to  fin  btdk  Mto  jm   ftwij  (M  pMt  at 
■  vrktod  fnm  |v«.    TW^ 


to  marir  it  fint.  aad  Umb  to  ghra  il  to  ^oa  whob  a»d  aatiralr: 
ari  farlba  Ugal  ^rt  af  lUi  1  iwiiJ  jaa,  Mr.  ■■mfci. 
to  vait  apM  aw  to  Ma  il  pMotoaU;  paHtotorf. 

I  vtn  and  u  1  tofsa,  to  dnin  yan.  Mr.  BMotdar.  to  0^ 
aU  iIh  Cftr  llMiln  {a  tattor  aiptiiiaa*  dm  I  «ui  ^^. 
UmnvIi   I   aiaM   lad    yoa    h   viti   Im   far   •hart   ff  tkM    vmI 

aoatoeltoMt  I  lad  la  aqr  baart,  far  UUa  ml  aad tli 

ilwiiailiaiha  rf  tUlt  afcrtiaai  to  toa. 


4S.  Tm  OujTD 


TU  PttUmm  tf  $im  tfaw*  ^  r«<ai 


*  AaMMinw*  tf  At  mm  •/  tto  kimf^m,  tdmt  it  aap 


Tmt    »^)Mlr'i    awat    k^Mm   and    i 
JtomaM  ia  tkk  faaaaal  hri^Msl  Hai 


1641]  The  Grand  Remonstrance.  203 

UiankfalnesB  and  joy  acknowledge  the  great  mercy  and  favour 
of  Qod,  in  giving  yotu*  Majesty  a  safe  and  peaceable  retam 
out  of  Scotland  into  your  kingdom  of  England,  where  the 
pressing  dangers  and  distempers  of  the  State  have  caused  us 
with  much  earnestness  to  desire  the  comfort  of  your  gracious 
presence,  and  likewise  the  unity  and  justice  of  your  royal 
authority,  to  give  more  life  and  power  to  the  dutiful  and 
loyal  counsels  and  endeavours  of  your  Parliament,  for  the 
prevention  of  that  eminent  iniin  and  destruction  wherein 
your  kingdoms  of  England  and  Scotland  are  threatened.  The 
duty  which  we  owe  to  your  Majesty  and  our  country,  cannot 
but  make  us  very  sensible  and  apprehensive,  that  the  multi- 
plicity, sharpness  and  malignity  of  those  evils  under  which 
we  have  now  many  years  suffered,  are  fomented  and  cherished 
by  a  corrupt  and  ill-affected  party,  who  amongst  other  their 
mischievous  devices  for  the  alteration  of  religion  and  govern- 
ment, have  sought  by  many  false  scandals  and  imputations, 
cunningly  insinuated  and  dispersed  amongst  the  people,  to 
blemish  and  disgrace  our  proceedings  in  this  Parliament,  and 
to  get  themselves  a  party  and  faction  amongst  your  subjects, 
for  the  better  strengthening  themselves  in  their  wicked  courses, 
and  hindering  those  provisions  and  remedies  which  might,  by 
the  wisdom  of  your  Majesty  and  counsel  of  your  Parliament, 
be  opposed  against  them. 

For  preventing  whereof,  and  the  better  information  of  your 
Majesty,  your  Peers  and  all  other  your  loyal  subjects,  we  have 
been  necessitated  to  make  a  declaration  of  the  state  of  the 
kingdom,  both  before  and  since  the  assembly  of  this  Parliament, 
unto  this  time,  which  we  do  humbly  present  to  your  Majesty, 
without  the  least  intention  to  lay  any  blemish  upon  your  royal 
person,  but  only  to  represent  how  your  royal  authority  and 
trust  have  been  abused,  to  the  great  prejudice  and  danger 
of  your  Majesty,  and  of  all  your  good  subjects. 

And  because  we  have  reason  to  believe  that  those  malignant 
parties,  whose  proceedings  evidently  appear  to  be  mainly  for 
the  advantage  and  increase  of  Popery,  is  composed,  set  up,  and 
acted  by  the  subtile  practice  of  the  Jesuits  and  other  engineers 
and  factors  for  Rome,  and  to  the  great  danger  of  this  kingdom, 
and  most  grievous  affliction  of  youi*  loyal  subjects,  have  so  far 


ao4 


CoHStttutu  'If (i/  /  h  ifumrnty 


164 1 


|i|r\.ili'«1  «Ji  t<i  LiriUp!  iliVrr*  •(  \'»lir  lil«h  )«  al.'l  •»thr:«  in 
|>lini(  !•!.••  >.-  •!  ti<r  f  l.uii:..  .u.*i  .1  ^^  t"  l-i  ::.»  i  \rj%  u(  t.'.'*«r 
lti"!inii  rii!-  !••  It  i'I  ^nUt  V\l\\  *  «  ui.  t!  .U.<1  •  *h*  r  rmi  l"\  :.  <  :.*.■ 
of  truT'l  mil  i.vAri.rHi  aU<ut  \>  nt  ^1.ki-'v,  i\.*  I'm.- r  ai;ii  th# 
irnt  11!  \<  1.1  I    \ .»i  rliii'lirii 

•  ■ 

Aid     )•>     till*    11. •ai."    kiavr    iiAii      ii'h    «ii    i>|«*r»M->i.     IL     »  'Uf 
(KilllBa'l      .ilnl     thr     ll.i>«it     llli|«>ItAlit      iif?.tll»     Al.'l     I  r«»  r«    :ir.|:«     ()f 

\iiur  k''  \rri.uiri.?  (ii.it  a  ii.i>«!  •iiii.;.ti<iu«i  iliTi^i"!!  miA  cK.»rk"r- 
■Mr  |'rr|i.ii.«t t- 11  s -I  WAi  Ut«i&t  \  !ii  kir.j'i'-ni-  •(  h.ii^*!jiii«l 
Aiitl   >4-uii.t till,  til*    tt.ria**    i-t  jr.kl   ii«t«"«   ItIh.iI   \- ur    Maj^itv 

AUd  >>>:tr  llii'^t  ••i>rilhlit  nuliji  tj>  l)if  \I<!rit  •tl-tr-i(-t|  I.  mtA 
lutrriiipti  11  1*1  ti.  «  I'ai  li.iiii*-!.!,  ti.r  i:.'tirti  I  ti'ii  uf  t(«e  I'a{'  •*.■ 
Ill  viii  kiii^il'iii  iif  liflai.l  .ftit'l  )•!"■!)  iii<i«*iirrr  nf  y^ur 
ft-' )'i<-  h.ivi-  Ui|i  ii<>t  •  tikv  rf.  iiAV  'iir«l  and  Attrni|4nl  *ut 
in   A   ^Ti-.tt    ii:r.i-u;r  1  niilpii'Mk*  •!   .il.il   t  !*.  1  *r«l 

Vt'T  I'Fi  %t  liMhu'  tlir  lili.il  ArifSlilMol.ri.riit  wKeirtif  \fur  }*mi€ 
■uli.i'l-  Alt  r|il<  r«'<  d  til  t'l.u'i***  tf'l.  |M|**lt4  Ali<l  r»'Atr«  to 
til'  ti..tiiit*iiiiii  K  •'!  A  vrr\  <  %}••  ..-ivi-  Aifl  iIai.i;*  ri-u«  «ir. 
iiii!\«  !<}.«f.iiidiiii:  tliry  \im\r  AlrrA'l\  «int-»  fNt  t«v  '  Mitk'  '*  ^Ki* 
I'ui  li.iin*  tit  J.i.df  r.'t'i.i  till-  I  h.-%T/i-  ■  t  JLi  'o  T'c  •^•rlr  j  ■  r  tKrr»>- 
aN  ut«  Iff  T  !;•■  iirir*-.»iy  •.u|-j"'t  .it.  I  "'I  |  »^  'f  \i»ir  Miw-ttTin 
tlir*«>  pi  •  ••  lit  .iiid  |»-ii:-u«  ilr*]^'!.*  Alid  !>i.ill*«-  a!I  <»iir  1^*—l 
♦.ilV'.'-.i  1:  .!i  .i\  -.JI-  ;i:..i  ff.fcMt't  rii«-i;T«  wili  f-r  n.f-rlMtiiA!  f*  *ht 
|-«*n  r.  -.i!r«  \  4  1.  i  |>|i-fr\A*l  It  •  t  \-  ur  ^I»;--t\  ai.'l  Vi'iir  |*  j!**, 
if  ••(III**  I  tr-ri.'  |t  t.  .11. •!  •t^t'ti.tl  «  'ir-r  Iv  i.ut  takrii  fi*r 
iiii|.]  if-««:i.^    tl.i"    Nikt   i     il.<l    liii!i/    .».,t    I   il'\ 

\\ .  \  I  ni«-*'  1  ui!i'  ••  .1:  d  ■•■■.:?  fii  •■■•-,  ■!!>  wi'Ji  ail 
f.iiO.f  ill..  .•  jKi   \   \  .»:'.. ::it\    !*-inK   \.  ■:•    \1iijft\ 

I  I'  %•  \  ■•  Hil.  )«■  i!i  .  !»•!%  J  !i  .««il  ti  -  :.' Ml  »i*r.  t.'ir 
I.  .!ii'  .r  !  .■•-•!  \  M  I  ■  I  !•  i:.  A  |»irii  •■  rr.v»ry  » «y  !«*r 
•"'  !  »  ■:%:..'  •I.'-  I  •  .1- •  \.  \  ».!''•%  ■!  rl.r  Kir  .■•!  t:,  fr«»:ij  tr* 
1:.        .    .    -ii     >•■  *     !  r:.i    It     :    1  i:  r\ 

■:«,:i^       .:     •    •      1-  •  .    I  •  •:.•:!     \.'t«     iii     lAr..Ai.  r.«t 

•t:    !      »*;.■.•■,•      •■.■.:       '..::;-:•  r  *'        i  ■   ■*  ■  i      i.»    ri  -d     ■  \rr      I    c 

■ 

•     •:■'..    •:   i       • '  •  !    \    ■.!     fc-  -  .'■  ■    ••     »*;.:»    M.*  \    J  .i\r    }■  r- 

I  :      .       1'    ,<"    i     I        •".       :    I,"  iri        :     :f.:.l       .     a:    i     L^r*!      I  ■'•'" 

J.t  *      1  !  »'    *     "    '•      *^»     ■»*•    »^'    'l'*"    *:*-•■   «i     "l-d   /4«l 

I I  ■  •  ;  r »      I   \      It-;! 


1641]  The  Grand  Remonstrance  205 

gOTerninent  and  discipline,  as  have  been  brought  in  and 
fomented  by  them: — 

For  nniting  all  such  your  loyal  subjects  together  as  join  in 
the  same  fundamental  truths  against  the  Papists,  by  removing 
aome  oppressive  and  unnecessary  ceremonies  by  which  divers 
weak  consciences  have  been  scrupled,  and  seem  to  be  divided 
from  the  rest,  and  for  the  due  execution  of  those  good  laws  which 
have  been  made  for  securing  the  liberty  of  your  subjects. 

a.  That  your  Majesty  will  likewise  be  pleased  to  remove 
from  your  council  all  such  as  persist  to  favour  and  promote 
any  of  those  pressures  and  corruptions  wherewith  your  people 
have  been  grieved ;  and  that  for  the  future  your  Majesty  will 
vouchsafe  to  employ  such  persons  in  your  great  and  public 
affairs,  and  to  take  such  to  be  near  you  in  places  of  trust, 
as  your  Parliament  may  have  cause  to  confide  in ;  that  in 
your  princely  goodness  to  your  people  you  will  reject  and 
refuse  all  mediation  and  solicitation  to  the  contrary,  how 
powerful  and  Hear  soever. 

3.  That  you  will  be  pleased  to  forbear  to  alienate  any  01 
the  forfeited  and  escheated  lands  in  Ireland  which  shall 
accrue  to  your  Crown  by  reason  of  this  rebellion,  that  out  of 
them  the  Crown  may  be  the  better  supported,  and  some  satisfao- 
tion  made  to  your  subjects  of  this  kingdom  for  the  great  expenses 
they  are  like  to  undergo  [inj  this  war. 

Which  humble  desires  of  ours  being  graciously  fulfilled 
by  your  Majesty,  we  will,  by  the  blessing  and  favour  of  Gk>d, 
most  cheerfully  undergo  the  hazard  and  expenses  of  this  war,  and 
apply  ourselves  to  such  other  courses  and  counsels  as  may 
support  your  real  estate  with  honour  and  plenty  at  home,  with 
power  and  reputation  abroad,  and  by  our  loyal  affections, 
obedience  and  service,  lay  a  sure  and  lasting  foundation  of 
the  greatness  and  prosperity  of  your  Majesty,  and  your  rojral 
posterity  in  future  times. 

Hu  Grand  Eemonstranee, 

The  Commons  in  this  present  Parliament  assembled,  having 
with  much  earnestness  and  faithfulness  of  affection  and  zeal 
to  the  public  good  of  this  kingdom,  and  His  Majesty's  honour 


of  kU  llw  lll^^y'•  |Md  ■il^iili.  m4  iiiiliuli  wuhBii 
aad  nmAtwmimd  lU  (i«^«liM  aad  •b««ti>  ^  h^  •«■  nval 
tkniM,  do  7«t  tad  M  abMwUiv  ilifig  and  iff^lln 
ia  thoM  putiM  «ad  hrfoai  vtw  haw  hmm  lU  «■■  aT 
thiM*  «<raa,  mmI  d»  riill  hkamr  to  msI  mfinkaa  srw  l^l 


Ite  UadiMM  «f  iIh*  vkiek  n^M  r«l  sMbM.  aU  to 
feaant  jmImhim  Wmw  tk  Kin*  aod  FWrlMMt.  1^  m 
ikuf  aajr  difrin  Um  ud  hit  pMpte  •(  U»  frul  rf  Ua  •■» 


tW  paUia  |mm,  aMy  aad  lwfpiii»w  of  lUa  Nal 

hr  tW  pcanaltm  of  lltoat  ■iiiniUi  dbato  mtUk  aaali 
■alkioaa  aadMnan  saj  pradaoa,  «a  Wva  Ifeaagkt  gaad  to 
daakra  tka  laol  aad  ika  fmrtk  af  iW-  awAlamaadtoi^: 


Iwyaaiat  af  tk*  f 


ndi  W  Ui>  M^ttoty-an  1  ■ 
aad  tW  viadov  of  iW  IWtianMt:  Iba  vaya  ul  ataliMlwa  Md 
Uliilll  ■  hf  »Udi  Ikal  pra(Ma  htA  Um  iilwiaylii:  Ife 
eaania  la  U  tobw  far  Um  nawviaf  Ihoaa  iil  'i  In.  ■  I  §m 
tht  niiii|illAlai  «l  aar  bmI  datiM  aad  fakJdhI  iatoM^ 

Mdiai rfi  il  li^aaditoliliihliiUhaiaafaathaMig. 

gnaiMM  and  Moarilr  of  tfeia  Oatra  Md  Mbaa. 

1W  t«ol  of  aUtkfa  ■tiiMif  aa  lait  li  lii  i  Mli|Mal  Md 
ynilMWi  dtoifB  a<  aaWattiav  tU  laaitMaNial  b«a  Md 
yilau(|iha  af  giiipa»iil.  apaa  vUafc  tha  laHfiM  aad  Jtotfaa 
ariUakia|dotoanirBly«toUuUd.  TWa«towaad|i  i  iiliii 
WaafbvabMa: 

I.  TIm  iawitod  PapbU  »lw  l»to  Iha  U«*,  ••  tW  '  -  '  i 
«r  iWl  dMB(«  and  mktwnkm  of  nfigiaa  »Wh  Unj  »  aMh 
lii«far. 

a.  Hm  Biikifib  mi  Iba  aamft  part  ol  Uw  CImiT'  *^ 


1641]  The  Grand  Remonstrance,  207 

more  probable  supports  of  their  own  ecclesiastical  tyranny  and- 
osorpation. 

3.  Such  Councillors  and  Courtiers  as  for  private  ends  have 
engaged  themselves  to  further  the  interests  of  some  foreign 
princes  or  states  to  the  prejudice  of  His  Majesty  and  the  State 
at  home. 

The  common  principles  by  which  they  moulded  and  governed 
all  their  particular  counsels  and  actions  were  these : 

First,  to  maintain  continual  differences  and  discontents  be- 
tween the  King  and  the  people,  upon  questions  of  prerogative 
and  liberty,  that  so  they  might  have  the  advantage  of  siding 
with  him,  and  under  the  notions  of  men  addicted  to  his  service, 
gain  to  themselves  and  their  parties  the  places  of  greatest  trust 
and  power  in  the  kingdom. 

A  second,  to  suppress  the  purity  and  power  of  religion  and 
such  persons  as  were  best  affected  to  it,  as  being  contrary  to 
their  own  ends,  and  the  greatest  impediment  to  that  change 
which  they  thought  to  introduce. 

A  third,  to  conjoin  those  parties  of  the  kingdom  which  were 
most  propitious  to  their  own  ends,  and  to  divide  those  who  were 
most  opposite,  which  consisted  in  many  particular  observations. 

To  cherish  the  Arminian  part  in  those  points  wherein  they 
agree  with  the  Papists,  to  multiply  and  enlarge  the  difference 
between  the  common  Protestants  and  those  whom  they  call 
Puritans,  to  iutroduce  and  countenance  such  opinions  and  cere- 
monies as  are  fittest  for  accommodation  with  Popery,  to  increase 
and  maintain  ignorance,  looseness  and  profaneness  in  the  people; 
that  of  those  three  parties.  Papists,  Arminians  and  labertines, 
they  might  compose  a  body  fit  to  act  snch  counsels  and  resolu- 
tions as  were  most  conducible  to  their  own  ends. 

A  fourth,  to  disaffect  the  King  to  Parliaments  by  slander 
and  false  imputations,  and  by  putting  him  upon  other  ways 
of  supply,  which  in  show  and  appearance  were  fuller  of  ad- 
vanti^e  than  the  ordinary  course  of  subsidies,  though  in  truth 
they  brought  more  loss  than  gain  both  to  the  King  and  people, 
and  have  caused  the  great  distractions  under  which  we  both 
suffer. 

As  in  all  compounded  bodies  the  operations  are  qualified 
according  to  the  predominant  element,  so  in  this  mixed  party. 


ao8  CoHsiitutiofial  Documents  ;i««i 

th<*  Jrtuitrd  coun^t-it,  Ijeitibf  tiio*t  *rtirr  aimI  pr^TAlliiiff.  rav 
«-«iil}-  U-  ilitc«>Tfr*<l  t*i  )i*\r  Kftil  thr  ^rtAt«^t  iwav  in  all  th#ir 
ilrtrrmiiiAtioit*,  an.i  if  t'if\  (i^  ni>t  iirrti-ntMi  are  likrU  to 
drvitiir  the  int.  or  to  *iirit  tlieru  iiitu  tin  ir  own  tii>liire 

In  tli«*  l^'tfiMiiiihf  i>f  Hi*  Maj*  !»tT  »  r«-ii.'n  th«*  |«rtT  (vfrAii  to 
rr%-ivi*  An>t  rtiurmh  aK**i>>  hAvint;  Ueii  *i>m«*wli«t  (Uin|«<l  hj  the 
hreai-li  with  >)«iii  in  th<*  Ukf  Vi'nr  nf  Kin^  J^uu-*,  muti  hr  Hi* 
llaj'-ity'i  maniac^  with  Krat.cr  ;  the  int*  te«ta  Ami  c<>untrU  of 
thAt  SUtf*  lirinir  ii«>t  «•»  oiittrAr\  !<•  thr  (;ip«l  i>f  rrliKion  And  the 
|'ri*i|irrit\  tif  t:i«  kih^ii'in  aji  thfe  nf  SfAii.  ;  An>i  th«»  pApitta 
of  Kii;;I.kntl.  hAviiitf  l»-«*n  fvrr  in**rr  Ail>lirtr>l  ti  SpAin  tliAn 
FrAiii-r.  \rt  thr}  utit)  n*t.ii:ir«i  A  pur|Mi«r  Aticl  rr» •latum  to 
wrAkei.  thr  pKttrntant  |iArtir«  Ml  aII  |*rt«,  An<i  r\^n  in  Fmrre. 
whri«'hv  tti  inAkr  WA>  f'T  thr  chftiiffe  of  rviicfitiii  which  thej 
inti  i.tie  1  At  h<M]it- 

I  Ti.r  tir»t  rti'i-t  mill  rvidence  of  thrir  rrcurrrr  An«l  ttrrofftk 
WA»  the  (1i«»«iluti>>n  'if  the  rAflianient  At  Oifurtl.  af^er  there  KaiI 
lierii  Kivrli  twn  «uli«;<iirft  tti  Hi*  yAjectT.  Alid  twfore  theT  re- 
(■ri\ff<i   relief  in  aut  <»ne  (fneTAnre  mAny  other  more  miarrmbU 

rtTi  I't*  fiiliit«*«l. 

i.  The  l>  ••  t'f  thr  Ilm.-he!  flret.  hy  thr  help  of  our  Akippiiif. 
•et  lurth  BXi'i  ileliYere*!  uvi-r  tii  the  French  in  cppocilioii  to 
the  Ailtue  I'f  TArliAment,  whi<  h  !fft  fhAt  t<<wn  with«>ut  defence 
l>y  •€«.  Ai:>i  mAtlr  WAV.  not  t'i.l^  to  the  li>«t  i>f  thAt  impi  rlAnt 
pl.irr.  hut  liliewiir  'o  the  !•«■  *'f  aI!  the  itren^h  Af.d  ercantj 
of  the  Pn»tr»tAnt  rrlik'ion  in  Fr»nfr. 

)  Till'  ilivrrtiiitf  •  f  Hi*  SfAj'-fttY'*  oiurve  of  w«n  firm  the 
\Vr»(  Ii.iliea.  whit  h  was  the  ni««t  fArile  And  hti|irful  wat  fnr 
thi*  kiii»:ii<'in  tu  I'leTAil  A|^in«t  the  S|iAni»r^l.  tn  ah  eiprnorfal 
Aiiil  ■u- I'l  •>«!!  •■  Attemf't  ti|ii>n  <'«dtx  which  wah  to  •  rdered  ae 
if  :t  l.A  1  rather  >  •  ru  ii.tei.d«d  t*»  m^kr  ii«  weAre  of  vat  thaa 
t<    pn>t[-  r  r.  it. 

4  Tl.r  I  rtt  i;  i*.tfr  hrrAfh  with  FrAn>  e,  hx  tAkin^  thetr  fthipe 
to  A  k'-'At  Tfti-.r  with  '..?  ni^kii.tf  ri«'in|ieii»c  tti  the  Kbffliih, 
vih-fti  »*<«-i»  wrrr  t)  errTi|><i.  iinKtrreti  Ard  ri>r.ti«rAtrd  in  thftt 
kt  ^•■i--!i. 

;,  !'.*  e  I  r«(.-e  wit!<  S|M>n  «-!^.  iit  c*  r.«i  i.t  of  Tar !i intent 
o  i.triir\  t.'  !he  |  r  m:i».  >>(  Kkj/  .N-ira  t-i  U-tl.  H-  M^e*.  whereht 
the   rA'<>'iit«  •    •- tu««    WA«   •l«>eit*i|    «r  i    .rft   ti>   chArffrAMr   And 


1641]  The  Grmid  Remonstrance  209 

hopeless  treaties,  which  for  the  most  part  were  managed  by 
those  who  might  justly  be  suspected  to  be  no  friends  to  that 
cause. 

6.  The  charging  of  the  kingdom  with  billeted  soldiers  in 
all  parts  of  it,  and  the  concomitant  design  of  German  horse, 
that  the  land  might  either  submit  with  fear  or  be  enforced 
with  rigour  to  such  arbitrary  contributions  as  should  be  re- 
quired of  them. 

7.  The  dissolving  of  the  Parliament  in  the  second  year  of  His 
Majesty's  reign,  after  a  declaration  of  their  intent  to  grant  five 
subsidies. 

8.  The  exacting  of  the  like  proportion  of  five  subsidies, 
after  the  Parliament  dissolved,  by  commissipn  of  loan,  and 
divers  gentlemen  and  others  imprisoned  for  not  jdelding  to 
pay  that  loan,  whereby  many  of  them  contracted  such  sick- 
nesses as  cost  them  their  lives. 

9.  Great  sums  of  money  required  and  raised  by  privy  seals. 

10.  An  unjust  and  pernicious  attempt  to  extort  great  pay- 
ments from  the  subject  by  way  of  excise,  and  a  commission 
issued  under  the  seal  to  that  purpose. 

11.  The  Petition  of  Right,  which  was  granted  in  full  Par- 
liament, blasted,  with  an  illegal  declaration  to  make  it  destrao- 
tive  to  itself,  to  the  power  of  Parliament,  to  the  liberty  of  the 
subject,  and  to  that  purpose  printed  with  it,  and  the  Petition 
made  of  no  use  but  to  show  the  bold  and  presumptuous  injustice 
of  such  ministers  as  durst  break  the  laws  and  suppress  the 
liberties  of  the  kingdom,  after  they  had  been  so  solemnly  and 
evidently  declared. 

12.  Another  Parliament  dissolved  4  Car.,  the  privilege  of 
Parliament  broken,  by  imprisoning  divers  members  of  the 
House,  detaining  them  close  prisoners  for  many  months  toge- 
ther, without  the  liberty  of  using  books,  pen,  ink  or  paper; 
denying  them  all  the  comforts  of  life,  all  means  of  preservation 
of  health,  not  permitting  their  wives  to  come  unto  them  even  in 
the  time  of  tlieir  sickness. 

1 3.  And  for  the  completing  of  that  cruelty,  after  years  spent 
in  such  miserable  durance,  depriving  them  of  the  necessary 
means  of  spiritual  consolation,  not  su£fering  them  to  go  abroad 
to  enjoy  God's  ordinances  in  God*s  House,  or  God's  ministers  to 


aio  ('oHsMutioMal  /^tHummfs  i^fi 

ioue  to  tlifin   to  luiitiitrr  c%»:uU'T%  to   th*ui   iii  t '•ir  |iiiTai« 

14  AimI  I(»  krrp  tlt«ii)  »till  ill  thi«  o|i|irrtM<«l  rfUtliti<  d.  Ij"I 
ailmi'tiiii;  tli*in  t4i  be  littilftl  acc'iiliLf;  tu  !••.  jrrt  %raif:|;  thriu 
with  iiifumijitiiiii  in  iuftTioi  i-uurta*.  ft<*iitriicin^  mu*\  fi'.iitg 
iuiiic  of  tbrni  fur  niAtteit  «!  ur  in  I'mrliam -u*.  :  aipI  •itorting 
the  |«ynK*iitv  uf  th<i«r  finr*  t'rutn  them,  riifomiiK  utbrn  to  pat 
in  ftrcurity  «>f  $^vii  lirb.i\  .c.r  )>r^irr  thrv  nmM  \tr  rrleft«r<l 

15.  Tbr  iiu|*rii«>niiiriit  of  tbi*  Tr%i.  wbirh  rrfu«cd  tn  lir  (^umL 
ktill  mutiuuril,  wbicb  mi/ht  b^Te  \ir^u  p«*r|irtiitl  if  iteceMiiT 
bad  111  it  tbe  lA»t  viai  bn^utrht  anutlirr  TiirliAni^bt  to  rv!ie«« 
tbfiu.  ul  whom  t  lie  ili«*<l '  bv  tbr  rruel'T  mud  bAr«hiie<«  of  hit 
iiii[>ii*iMiu«*iit.  whiib  ttiiuM  a<1iiiit  ••  !)•<  irliiAtiun,  notwith- 
ktMi.diiiK  tbe  iuiiuiueut  d.iu^r  of  bit  life  ili«1  »uAcieiitly  A|ipr«r 
by  tbe  decUiatiuii  of  hif  |ib\»ii-iao.  aimI  lii»  rrlr««e.  *»t  at  UaM 
bi»  rrfrrabiiieiit.  wa»  tmi^'bt  by  iiiaiiv  bjiub>  i^titious,  Mftd 
bi«  M<H<4l  »till  diet  eitbei  f«>r  TrOfreAitce  or  rejieiitAiicr  of  tbow 
Miuiiter-  c-f  State.  w1k>  bA\e  at  uu:r  o)«tni-te«l  the  ctiurve  both 
of  II l^  Mftje^ty'i  juitirr  adiI  uiercy 

16.  r|K»ii  tbr  tliPptilutioii  of  liotb  tbe««-  rArliamriitB.  uniTiM 
AU«I  ti-aiKlaliiu*  dei'Urmtinhi  wrrr  |>ubliibc«l  to  A»peric  tli^tr 
proceeiliitfrii.  aii<l  Hftue  of  tbeir  lurmber*  utijuitly;  to  mak« 
tbeiu  iMiiiiUn  «i.l  I'oI'Ur  tbe  \i-iliii>*e  wliirh  vu  med  aipuiHt 
tbeiii :  (•lilt  luiii  i!|ii^!>  trt  I'Ut  to  tl.«*  »Aiu^  p  ir|««e  ;  *nH  to  tK* 
^•uut  (i«j>iti].g  uf  tbr  btArtt  uf  tbe  |»e*i|ile.  furbid«lit^f  thiam 
even  to  »|H'Ak  of  rafiiiiiiit  i,*«. 

17  Aftti  tbr  bii«ib  'f  tbr  riftii.Riar..t  in  tbe  fnurth  of  Ilia 
Maj«*  t\,  ii.ju«tice  upprcMio..  aiai  \ii>leiice  broke  in  vpoo  va 
nitbout  any  n -tra  nt  11  n  •Mb-iaf  1  u.  aud  yrt  tb-  finA  prt^^t 
11  *«  tbr  great  »uiiii  r&«ct'd  tbmugb  tbe  whuU  kinffvbkCD  fur 
d«  fault  of  Li.igbtbiN<«i.  nbu'b  *ernied  tf  hj%e  »•  me  c«*luQr  And 
^b«d  n  <f  a  la^«  \et  if  it  br  rijbtlv  e&jiiiinr«l  bv  thai  oW  lrt« 
I.kW  «buli  ua«  |>r*teiitl.  !  fr  r.  it  will  )<  fuui.il  to  be  a,;Ainal 
all  tbe  ruIt->  I'f  justur  t^rb  in  r^|Mct  of  tbe  prnou*  chary«^ 
thr  pr-)uttioij  uf  thr  fih- 1  drmar.de*!.  and  th«  aboard  aad 
UMrati-na^'b'   inaunn    uf  tiieir    pn>ce««lir»gt 

iii    TonnAirv  a.id  Tuunda^'r  hath  b««o  rcoaived  withuot  colosr 

'  L«.  laletM  »•  r«r.Miy«M.  "  6ir  J«ka  UUiC 


1641]  The  Grand  Remonstrance  211 

or  pretence  of  law ;  many  other  heavy  impositioiifl  coutiuued 
againbt  law,  and  some  so  unreasonable  that  the  sum  of  the 
charge  exceeds  the  value  of  the  goods. 

19.  The  Book  of  Eates^  lately  enhanced  to  a  high  ])ro- 
portion,  and  such  merchants  that  would  not  submit  to  their 
illegal  and  unreasonable  })ayments,  were  vexed  and  oppressed 
above  measure ;  and  the  ordinaiy  course  of  justice,  the  com- 
mon biiihright  of  the  subject  of  England,  wholly  obstructed 
unto  them. 

20.  And  although  all  this  was  taken  upon  pretence  of  guard- 
ing the  seas,  yet  a  new  unheard-of  tax  of  ship  money  was 
devised,  and  ui>on  the  same  pretence,  by  both  which  there  was 
charged  u|)on  the  subject  near  £700,000  some  years,  and  yet 
the  merchants  have  been  left  so  naked  to  the  violence  of  the 
Turkish  pirates,  that  many  great  ships  of  value  and  thousands 
of  Uis  Majesty's  subjects  have  been  taken  by  them,  and  do  still 
remain  in  miserable  slavery. 

2 1.  The  enlargements  of  forests,  contrary  to  Carta  de  Foresta, 
and  the  composition  thereupon. 

22.  The  exactions  of  coat  and  conduct  money  and  divers 
other  military  charges. 

23.  The  taking  away  the  arms  of  trained  bands  of  divers 
counties. 

24.  The  desperate  design  of  engrossing  all  the  gunpowder 
into  one  hand,  keeping  it  in  the  Tower  of  London,  and  setting 
so  high  a  rate  upon  it  that  the  poorer  sort  were  not  able  to 
buy  it,  nor  could  any  have  it  without  licence,  thereby  to  leave 
the  several  parts  of  the  kingdom  destitute  of  their  necessary 
defence,  and  by  selling  so  dear  that  which  was  sold  to  make  an 
unlawful  advantage  of  it,  to  the  great  charge  and  detriment  of 
the  subject. 

25.  The  general  destruction  of  the  King's  timber,  especially 
that  in  the  Forest  of  Deane,  sold  to  Papists,  which  was  the 
best  store-house  of  this  kingdom  for  the  maintenance  of  our 
shipping. 

'  The  Book  of  Rates  wm  iasued  from  time  to  time  by  the  King  to  state 
the  Talue  of  goods  according  to  the  current  prices  of  the  day.  This  was 
necessary  becaose  Poondage  was  laid  on  goods  by  the  £i  value,  not  on 
their  weight  or  measure.  Most  writers  oonfiise  this  Book  of  Rates  with 
tlie  setting  of  impositions  by  patent,  which  was  a  very  diflferent  thing. 


[rtM^I 


ail  CMuMWAimo/  Doemmmh  [rtn 

•ft.  TU  Uku(  'Mr  of  bm'i  ri^  aMkr  Uw  mImt  of  tW 
Kinii'i  lillc  to  UmI,  U(««m  Ujii  uid  bw  mlw  nvkB- 
>7.  Tla  miMi|MltM  ofMip.  hH.  wine,  laMW,  Hft-cMJ.  «arf 

18.  Tlw  rMtniiit  «r  Uw  lib«rtl«i  of  Ikt  n%Mli  k  iWr 
K«lnUb<M.  U»lw  Mi4  otlMT  brteniita. 

>«.  IVir  maUiMi  sod  oppraMM  bjr  par?«70«%  «lMka  •! 
tlia  nurlMt  «d4  Mh|Mln  bmo. 

JO.  TIm  «la  of  pnUadad  aouuiCM,  m  IwiMiBg  ia  aad  shMrl 


31.  Goavwiiaa  oTanbla  lal 
vndir  Ua  mm  iirdapopBUtiea,  kaw  d 
vf  llM  MiVlarts'  pani^  wiUoal  aa;  laaildtrahli  ynil  l»  I 
HaMr 

31.  I^rfi  ^aaotkiM  al  Maanoa  aad  w«ml  graaadi  hath 
hMB  tkkn  ftvB  Um  M^Nt  It  «olaar  if  Um  BlalaW  af  !»• 
fvonaiCDt,  ud  by  iImh  of  U*  C 


S3   A»l  aot  oalj  prirala  istMMl,  M  aka  fallk  hiik.  lata 

Hd  Um  «Wi  Ui«>Im  Uka  la  ba  nIAal  at  aw  la  tkM  aW 
Mnaala  pn^Ka  ac  aiwM  awasjr. 

34.  OfMt  anUfa  rf  Bk  Ui^y'i  nl^Mla  fcr  i^Mi« 
thoaa  aakwN  chatfM,  Im««  ban  ntid  wkll  iMg  a*l  «■- 


lagr^pa.  «H|akad  a( 
an  ia  a  bwlih  ■anaar  by  pm^wtam  h  br  a  asHaaa  aaaaf. 

3*.  HmbaUpvUWadlaaahdilhabfaaiiaiwbpvta 
M  wwa  Sv  tMr  an  advaal^a,  aad  lotaad  ta  tartH  tbaM  t» 
1^  pbaw  wUA  wwa  Mash  far  tba  adTaataga  if  ti^  BMa^ 


17.  TW  Chart  af  9tag  CUmW  badi  abaaafcd  ia  wlra- 


x64i]  The  Grand  Remonstrance  213 

whereby  His  Majesty's  subjects  have  been  oppressed  by  grievous 
fines,  imprisonments,  stigmatisings,  mutilations,  whippings, 
piUories,  gags,  confinements,  banishments;  after  so  rigid  a 
manner  as  hath  not  only  deprived  men  of  the  society  of  their 
friends,  exercise  of  their  professions,  comfort  of  books,  use  of 
paper  or  ink,  but  even  violated  that  near  union  which  Qod 
hath  established  between  men  and  their  wives,  by  forced  and 
constrained  separation,  whereby  they  have  been  bereaved  of  the 
comfort  and  conversation  one  of  another  for  many  years  together, 
without  hope  of  relief,  if  God  had  not  by  His  overruling  pro- 
vidence given  some  interruption  to  the  prevailing  power,  and 
counsel  of  those  who  were  the  authors  and  promoters  of  such 
peremptory  and  heady  courses. 

38.  Judges  have  been  put  out  of  their  places  for  refusing 
to  do  against  their  oaths  and  consciences;  othei*s  have  been 
so  awed  that  they  durst  not  do  their  duties,  and  the  better 
to  hold  a  rod  over  them,  the  clause  Quam  diu  ae  bene  gesserit 
was  left  out  of  their  patents,  and  a  new  clause  Durante  bene 
placiio  inserted. 

39.  Lawyers  have  been  checked  for  being  faithful  to  their 
clients;  solicitors  and  attorneys  have  been  threatened,  and 
some  punished,  for  following  lawful  suits.  And  by  this  means 
all  the  approaches  to  justice  were  interrupted  and  forecluded. 

40.  New  oaths  have  been  forced  upon  the  subject  against  law. 

41.  New  judicatories  erected  without  law.  The  Council 
Table  have  by  their  orders  offered  to  bind  the  subjects  in 
tlieir  freeholds,  estates,  suits  and  actions. 

42.  The  pretended  Court  of  the  Earl  Marshal  was  arbitrary 
and  illegal  in  its  being  and  proceedings. 

43.  The  Chanceiy,  Exchequer  Chamber,  Court  of  Wards, 
and  other  English  Courts,  have  been  grievous  in  exceeding 
their  jurisdiction. 

44.  The  estate  of  many  families  weakened,  and  some  ruined 
by  excessive  fines,  exacted  from  them  for  compositions  of  ward- 
ships. 

45.  All  leases  of  above  a  hundred  years  made  to  draw  on 
wardship  contrary  to  law. 

46.  Undue  proceedings  used  in  the  finding  of  offices  to  make 
the  jury  find  for  the  King. 


ai4  CoHsiittihonal    P.HumeHts  i6«i 

47.  Tilt  i'iimni*iii  I^w  ('uiirt*.  !r«-.iitK  *'^  n^^u  t  .«ir«  u- 
ilinad  to  "fek  juMirr  tJerr.  »h«Tr  it  xvuy  l«  fil»<«d  tu  thtir 
two  <le«>iir  arv  ktc  wn  fn<juri.t!ji  to  T  :«akf  thr  ni!«i  if  rK«i 
<  *<iiiiri)i>ii  fjiw  Aiid  t'TH}!!  g  Im'}<  ii>i  t^rir  t«  uD<fi.  niKlfr  prrlrrtr* 
:»f  rqi  itr.  to  lio  ii  ju-*tire. 

48.  T  tVt  of  honour,  jiidit- a1  |i!v'^t,  •rrj«aitt«hir  t  ml  Uw, 
r  ltd  oOhT  offcri  hiivt  )- m  •«  I.|  f .  r  t^rrftt  -un  ■  -f  m«  r.rT, 
whrnt'T  the  liiirni'ii  justice  if  thr  kiit;.'iloiii  hath  b  rn  rn'irb 
rtitUi  pr*<i.  ii"t  «>iil%  Ky  o|iriiinif  a  «»\  of  f-m|<Io\mri  t  111  |'-%  •• 
of  ^'rrnt  ttu-t*  Ai  <I  utiTitnt.iKr  tit  m<  n  **(  «f-ak  |Mr^«.  hut  r 'mi 
1>j  ifivititf  iN-ra*-i<iii  to  hii^^rr.  •it«i,ti<ii.  |«it-»iitT.  it  "eM^  m 
hapfw  hiiiff   thikt   plarf  •   I'l-trottfti   arc   Will   ii«r<l. 

4q  < 'otniiii'piiiii^  hnvr  Urn  fc,*raiitr«i  fur  ri«Bii.inff  th« 
r\i-<  *■■  «if  frt  I,  ai.ti  %k  hru  ^Tritt  <-iar*iont  h«re  lirrn  dltruVtr*-!. 
«i-ir|v  ■  ti«  III  hiivr  tictii  iiAtlr  with  (lrliM|urtit«,  titiC  oalj  (^  r  tV« 
tirn«-  pA^t  hut  hkiwi^r  for  iiiiiitnii.ty  and  Mruritv  in  off^rd  t  if 
fur  thr  tune  to  ntn  •.  whii  h  uiider  coh  ir  of  rrmr«lj  hath  tut 
I*  itfirii.ril  aiitl  iirnaMd  the  (;ii<v;n<e  to  the  tul-j-ct 

fjO.  The  u»uj«1  r>  lime  of  |ir:rkinf{  Sh*r  If^i  in't  o^ai^rre*!.  V«at 
maDV  tini't  ShrrtN  tim'te  in  an  rtrraordii.aiy  wai.  ti  tii.  tiioc^ 
at  a  {uiii-hir.riit  a*  d  tlii-.r  tititu  thi  tii .  •r.metimet  turh  «<re 
pri'kfil  •  ut  ai  wi  uld  )e  :it«trniiiriit«  to  r^rrute  «b*t*nrTer 
t)  r\    W'lild    h:t\e   to   h<»   do|)». 

;.  I  Tl  r  Mi-^  ••]»«  ai.il  tl.r  re«t  of  the  <  h  r^rv  did  trium|b 
ID  fhe  -u*]  rn^ioti,  *  I' I'li.Ti  uiiica'ii'iii,  i?r|>rivar  «»i;«,  and  *\^ 
^Tii-'a*!' tl-  '-f  liitr:^  ]>.»ii.  ui.  Ir.un  •!  ar.d  pi^tit  niii-i*trr«.  m 
!he  ir\.>tion  .  inl  ifirviiui  opprr«>ifiii  i.f  ^'reat  iiMiihcfii  tif  H*.| 
Mjt  tv  *  u'»*  d   -uhji'ff*. 

5^,;.    1  K«-  \\:^'\\  r.fi  iir««)i'n  (f^ew  to  -iich  « i«^««  of  »harp!w>«a 

..   d    f\«iiT\    i»  w.  R  in  t  mill  h  !•  ••  rhaiit^e  HotiiUb  Ini|m*itti>n, 

■  i.d  )*\   iti   III  i!  V    •'  «■  II  hy  H.r    Xr- hhio^op't  pover  waa  m  de 

•■  »■  :.  Ti.     r  hi  aw     y  *■  !.-•     ^'i-^f-^i  at  i|  -f  re:  ,  t^  riird  bf  au'Ktaitir 

'^  n.r  I:'.;*  \\\  f^.-ir  *'iir'«  i».  ••  a*  «ai.*er  id  the 
r.  i.Tv  ,  al*'  u.!,  •).•  r  'ii  *.  •■•1  ii  •  ti..|  r.'i  rra<  h  •o  hiirb 
ti  5^  ir  n*  1  II  riTi.i'\  I  itiiifmni,  •  rt  were  thev  no  !r*t 
^•ri*  T  .•  :i.  r-j.-i  :  ?K  fc»i:tr.i*\  ill  d  ;i  u'lt  p*iii  it%  tf 
\ .  t  a*  ■  :  •.  »  ^  ii-  h  tf*  •  '  i(  u ;  •  u  *^  r  ru  am  r  »  ft  of  f-  a  ir  n  c  a 
a:  d   n  tl    err*  'ill    iTii|-  vr  ••  fi    n  a".}r    M><u»a:dft. 


1641I  The  Grand  Remonstrance  215 

54.  And  80  afflict  and  trouble  others,  that  great  numbers  to 
ayoid  their  miseries  departed  out  of  the  kingdom,  some  into  New 
England  and  other  parts  of  America,  others  into  Holland, 

55.  Where  they  have  transported  their  manufactures  of 
cloth,  which  is  rot  only  a  less  by  diminishing  the  present 
stock  of  the  kingdom,  but  a  great  mischief  by  impairing  and 
endangering  the  loss  of  that  particular  trade  of  clothing, 
which  hath  been  a  plfntiful  fountain  of  wealth  and  honour 
to  this  nation. 

56.  Those  were  fittest  for  ecclesiastical  preferment,  and 
soonest  obtained  it,  who  were  most  officious  in  promoting 
superstition,  moFt  virulent  in  railing  against  godliness  and 
honesty. 

57.  The  most  public  and  solemn  sermons  before  His  Majesty 
were  either  to  advance  prerogative  above  law,  and  decry  the 
property  of  the  subject,  or  full  of  such  kind  of  invectives. 

58.  Whereby  they  might  make  those  odious  who  sought 
to  maintain  the  religion,  laws  and  liberties  of  the  kingdom, 
and  such  men  were  sure  to  be  weeded  out  of  the  commission 
of  the  peace,  and  out  of  all  other  employments  of  power  in 
the  government  of  the  country. 

59.  Many  noble  personages  weie  councillors  in  name,  but 
the  power  and  authority  remained  in  a  few  of  such  as  were 
most  addicted  to  this  party,  whose  resolutions  and  deter- 
minations were  brought  to  the  table  for  countenance  and 
execution,  and  not  for  debate  and  deliberation,  and  no  man 
could  ('fifer  to  oppose  them  without  disgrace  and  hazard  to 
himself. 

60.  Nay,  all  those  that  did  not  whoUy  concur  and  actively 
contiibute  to  the  furtherance  of  theT  designs,  though  other- 
wise pei'sons  of  never  so  great  honour  and  abilities,  were  so 
far  from  being  employed  in  any  place  of  trust  and  power, 
that  they  were  neglected,  discountenanced,  and  upon  all 
occasions  injured  and  oppressed. 

61.  This  faction  was  giown  to  that  height  and  entireness 
of  power,  that  now  they  began  to  think  of  finishing  their 
work,  \vhi(h  consisted  of  these  three  paiii. 

6a.  I.  The  government  must  be  set  free  fiom  all  restrair.t 
of  laws  concerning  our  persors  and  estates. 


ai6  CamsitiHhonal  Documifrnts  1641 

6 J  II.  TlMre  tiiuit  Ym  ■  oaijunctiuii  Utwfrn  l*a|4ttt  ai.il 
IViitratauU  ill  ductrinr,  dijcipliiie  au«l  crre lutium ;  only  it  aiul 
uut  \i-t  lir  cjilleU  rufirnr. 

64  III.  The  PuiitBiit,  uiiil^r  which  uabm  thrj  iocla-W 
ftU  thoM*  that  desire  to  |trta«rT«  the  Uw*  aiitl  liUrtira  »f  iIm 
kiDf(dtiin.  ADd  to  mainUin  irliisiun  in  tbr  fu'Wrr  of  it,  ii<uM 
Iw  fit  her  nxitrd  out  uf  the  kiii|(di»rii  with  furc*.  01  diivro 
out  with  frar. 

65.  For  the  rffpctiitg  of  thii  it  wie  th<»u^bt  aeceeMTf  lo 
retluce  Scotland  to  lucb  ro|ii«h  ■0)rrttiti4iiii  aod  inm'TAtiofte 
•I  might  mak*'  them  apt  to  join  with  Kitfcland  io  tlial  ip^Mt 

rhAllfTf*    which    WM    itltrlnlt^l. 

66  \Vher%*ii|«iii  new  t-Anuiii  and  a  new  liturfcj  were  prmcd 
U|Hiii  them,  aiiil  whm  thry  rrfuanl  to  admit  nf  them,  an  army 
wan  rai«e<i  to  torcr  thi  m  to  it,  towanli  which  the  Clerg;}  aitd 
the  l'»piMta  werr*  rrry  forwanl  iu  their  loutrilHitiou. 

67.  Hitf  Soota  likr%ii»e  raiiNnI  an  anuv  fur  their  dWeDc*. 

6H.  And  when  huth  annim  were  cumr  to|;ethrr.  and  ready 
fur  a  hliKxiy  eiuciuiitrr.  Hii»  Majrat^'ii  own  irrac.t'Ut  di*|M«iti«^a. 
ainl  th«*  ('(tuiiiel  nf  thi*  Kn;;li<h  ikohiiity  and  dutiful  •uhmiMwa 
t  f  th«-  Si^^otn.  did  »!•  f.ir  ]'ir\aii  airaii.tt  the  e\il  counarl  uf  oClter% 
thnt  a  pai-itii*atiuu  was  niadr,  ai.d  llii  Uajraty  returned  wiib 
|Mair  ai.d   much  htiiitiui    t*)  l^iiilon. 

6cj  The  uites|iertr«i  ircui.nliatum  wm  m^et  accepCALIe  to 
all  thr  kiiiKdum.  rxiepC  to  the  nuli^itant  |i*rty ,  wkrreul 
the  Ari'hhuhiip  and  tkir  WurX  of  Srrafr<>rd  Iwing  headi,  ii'^y 
niid  thi-ir  tat- 1 ion  iMTk'an  to  invpitfh  afraii.it  thr  |ieM<e.  and  to 
n^L'raViite  th*-  |>n<*reiiink:t  uf  the  utat*  •.  «l.i<-h  »•  inrrnwd  flu 
Mnj<»ty    thiit  hr  f'i>rth«ith  |tr<'|«re«l  a^ain  f<'i   w.ir. 

70  Ai.d  luth  Ha«  th>  it  rui.lidrhcr.  tt^t  kiariDfT  comtptrd 
vi\A  ill**' ni]-<rt<l  th*  «htile  frame  nnd  goerrnnit  i.t  of  the  kiig- 
«li  r<.  \\\r\  (lul  now  ).•  i«  tu  C4»rru|<t  that  which  aaa  the  uuiy 
ni'iii  -  to  ri«t>>rr  aH  !••  a  rttfht   lianie  and  tem|>er  akHun. 

71  T*  wi.i.  h  ri.  i  ttrv  |MrMia«l*«l  lli«  llaje«t\  to  call 
»  I'li;  i.i!ik«ii*.  ii"t  tu  »erk  rnii:.«el  ai.<l  aii%ice  uf  them,  tmt  t-> 
ill  «u    f  II  iiitf  i.Aifit    iii.il    »ui  I  !«    tru:;i    th«*:ii.  ai.il  to  ei  traif*'  the 

;.-.    Ai.i   .ti   *••    iifai.titiir  i..iitiiii*tl   %\\  *\\r  T  unjuvt  levir« 

1!      '1  ■<!  p\       (t  >..-.;■  J     t-:t:i<r     tu      riiikr     th*       i'.i;  Iijili:*  iit     |>liJkIit 


1641]  The  Grand  Remonstrance  217 

to  their  will,  and  to  establish  mischief  by  a  law,  or  else  to 
break  it,  and  with  more  colour  to  go  on  by  violence  to  take 
what  they  could  not  obtain  by  consent.  The  ground  alleged 
for  the  justification  of  this  war  was  this, 

73.  That  the  undutiful  demands  of  the  Parliaments  in 
Scotland  was  a  sufiBcient  reason  for  His  Majesty  to  take  arms 
against  them,  without  hearing  the  reason  of  those  demands, 
and  thereupon  a  new  aimy  was  prepared  against  them,  their 
ships  were  seized  in  all  ports  both  of  England  and  Ireland, 
and  at  sea,  their  petitions  rejected,  their  commissioners  refused 
audience. 

74.  This  whole  kingdom  most  miserably  distempered  with 
leyies  of  men  and  money,  and  imprisonments  of  those  who 
denied  to  submit  to  those  leyies. 

75.  The  Earl  of  Strafford  passed  into  Ireland,  caused  the 
Parliament  there  to  dtclare  against  the  Scots,  to  giye  four 
subsidies  towards  that  war,  and  to  engage  themselyes,  their 
lives  and  fortunes,  for  the  prosecution  of  it,  and  gave  directions 
for  an  army  of  eight  tliousand  foot  and  one  thousand  horse 
to  be  levied  there,  which  were  for  the  most  part  Papists. 

76.  The  Parliament  met  upon  the  13th  of  April,  1640. 
The  Earl  of  Strafiford  and  Archbishop  of  Canterbury,  with 
their  party,  so  prevailed  with  His  Majesty,  that  the  House  of 
Commons  was  pressed  to  yield  a  supply  for  maintenance  of 
the  war  with  Scotland,  before  they  had  provided  any  relief 
for  the  great  and  pressing  grievances  of  the  people,  which 
being  against  the  fundamental  privilege  and  proceeding  of 
Parliament,  was  yet  in  humble  respect  to  His  Majesty,  so  £sr 
admitted  as  that  they  agreed  to  take  the  matter  of  supply  into 
consideration,  and  two  several  days  it  was  debated. 

77.  Twelve  subsidies  were  demanded  for  the  release  of  ship- 
money  alone,  a  third  day  was  appointed  for  conclusion,  when 
the  heads  of  that  party  began  to  fear  the  people  might  close 
with  the  King,  in  satisfying  his  desires  of  money;  but  that 
withal  they  were  like  to  blast  their  malicious  designs  against 
Scotland,  finding  them  very  much  indisposed  to  give  any 
countenance  to  that  war. 

78.  Thereupon  they  wickedly  advised  the  King  to  break 
off  the  Parliament  and  to  return  to  the  ways  of  confusion,  in 


;il8  Co9ISiliti/ti»9nU    l)t^U99tntt$  ;i64l 

which  tlitir  ••'Au  v\i\  ii.ii  11?  ••!«•  w<  le  in  it  likr!«   tu  jr  tpr 
lind  Riii'riTii. 

79.  Afttr  the  riiiiinm^-iit  rn-le-i  iKr  f;?h  ..f  M  j.  1^43, 
chii  |u'>rtjr  ^'tew  mi  (••M  m  tti  ci*t  ri'rl  t'.c  Kiriy  to  «q|]-It 
liim^rlf  <>iit  ttf  III*  ^utjir'i'  rttt.-i*f*t  )>J  Irt  <'VU  |BWi*r.  mX  \\  • 
I'Wii  Will,  virhoiit  tl  rir  rmi^ei  t 

rio  The  Trr%'  i<rit  iUt  tone  p  ^n:h«*t  cif  )•  th  H<  Q«rt  ^•i 
tlit'ir  htaiI'M  i%i»l  rjiMiit  t*.  jra.  thf  ir  {»  i-kf*i  ■•air^  ff«l  An<4h<'r 
ff  thrin  nut  l(ini(  afti-r  was  ciimnut!«<l  il<i*e  pntnnrr  for  o  4 
(1i'liTrnn|{  •nine  |>iti".«mi  wi  irh  he  rr  f*i%rtl  b?  authnritj  i4 
tlftt  Ifoi*^. 

81.  Aini  if  h  T^y  rt  n.ii  •t^  wrie  ii.trri<lisl  ••  wm  r^- 
fitittp])  it  ii  \%^T\  Jill  )t.tl»'e  that  tl.«>  ^irkiiiM  '^f  th«  K^rl  <f 
Str.iiToni.  iiii>l  tlir  runiiiltui  lu  ri^iriw'  in  >«>uthwark  and  »ho>  t 
l.atiili  th  wrrv  the  rHo^tft  tl>.%t  siii  h  vifVi  t  ititi*iifio:  t  w*;e 
ni<t  I'ri'iii;:  t  iiito  rirrutinn 

Ml  A  ^ii'«e  aitd  •^mi.iliili.iis  Pei  InnirinD  Ainiir.M  the  fl'-Q  e 
nf  I'l.niniMiii  w.  •  jMilil  ahed  in  Hi*  MAjrit\'i  nnnie.  which  ;tt 
wr>  iifrht  liitli*  rt't-i  t  w.th  the  pro|  1«*,  but  nt.lj  to  niaMf>«l 
the  in;pu<'enre  <*f  thi«e  «l<o  wrr«  jiath<>n  i>f  it. 

R,V   A  fximl  Ifi.ti  I  if  moiiej  w.ii  Kt*rm|it«N|  in  Ue  i'iXj  oi 

I>'liih>ll. 

H4  The*  V  i>iil  M^Mtr  •111  A^^rru•n  in  tht  ir  tfTrnd  w%rf% 
ei.j*  :tp«i  to  Itriii;;  m  a  It  t  •  f  the  iiainrt  uf  iiu«h  pertott  m 
th«%  ji  t'L.*'  i  fit  tu  Irr.ii.  Ai  •!  uf  the  fii:ini  thfj  »h«>u'd  ItOtl.  And 
^llrh  AM>  .  till  li  na  n  fi:»r*i|  to  ih*  «•)  Wrie  riiM  niittrd  to  fri^nn. 

Hi;.  Thr  A'rl.lii»h(i|i  iiii«i  the  i»tl.rr  l-ie^ipe  and  (  Ur^j 
niiitiiu'tl  thr  < '..i.Ttv.itinn.  Aiid  bv  ft  new  c«>roini»fti<D  tart^J 
it  11. ?o  n  jToTiii'  i^l  Syt.<«l,  in  wh  rh.  by  an  onheftrd-of  pe^ 
Miiu}ti  11.  til  J  limit-  r^ini.t  th  t  ri>utain  in  them  bacj 
ni.i"rii  I  i.**nrT  ^o  lie  Kiiitf  1  prrTi  ;:«ii«e.  to  tht  fill  da  met.  t^J 
la«i  fti.'l  ^t  .futri  iif  ihr  nft'm,  to  thi*  n^'ht  uf  Parlinmrota.  to 
the  {■'■)l«'  t\  it|j>l  l.firrtj  of  rhe  »u>  rrt.  aid  matten  teDiiiof 
tu  •  if]-  Ii  liiiii  i'i  tiank'i  r«-i:t  ^*i  u^^-.rti'^.  thi  reby  rs*ftbli»binf 
th<iri>«n  i'»txrr^vii!  t.  ii«*i 'm;  ip  th*  ir  a!*ftr-w>>r-hi|i,  aad  lko«« 
-  *!'•  r  ■;:;  •!*'.!  1  u%  iiii  (i«kti<>i:i  « i  1  h  thi  t  f>  ru  1 ; \w  iutrodarvij 
«rh<'..i  «    ii-ji   t  <  f    iw. 

*6  I  hr>  itij- *f*l  a  :  rw  la'b  uf  mi  :t»"*  •  f  II  a  Ma.e-ti't 
•ubji-.'t,  I*  th  •  rr  le*  la  at  irtl  and  !aT,  fur   laaiitenan'e  ii#  tWtr 


1641]  The  Grand  Remofistrance.  2x9 

own  tyranny,  and  laid  a  gr^  at  tax  on  the  Clergy,  for  lupply 
of  His  Majesty,  and  generally  they  showed  themselves  very 
affei-tionate  to  the  war  with  Scotland,  which  was  hy  some  of 
them  styled  Bdlum  EpiseajwU,  and  a  prayer  competed  and 
enjoined  to  he  read  in  all  chnrchf  s,  calling  the  Scots  rehels,  to 
pat  the  two  nations  in  blood  and  make  them  irreconcileahle. 

87.  All  those  pretended  canons  and  constitutions  were 
armed  with  the  several  censnres  of  suspension,  excommuni- 
cation, deprivation,  by  which  they  would  have  thrust  out 
all  the  good  ministers,  and  most  of  the  well-affected  people 
of  the  kingdom,  and  left  an  easy  passage  to  their  own  design 
of  reconciliation  with  Rome. 

88.  The  Popish  party  enjoyed  such  exemptions  from  penal 
laws  as  amounted  to  a  toleration,  besides  many  other  en- 
couragements and  Coui*t  favours. 

89.  They  had  a  Secretary  of  State,  Sir  Francis  Windebanck, 
a  powerful  agent  for  speeding  all  their  desires. 

90.  A  Pope's  Nuncio  residing  here,  to  act  and  govem 
them  according  to  such  influences  as  he  received  from  Rome, 
and  to  intercede  for  them  with  the  most  powerful  ooncun-ence 
of  the  foreign  Princes  of  that  religion. 

91.  By  his  authoi-ity  the  Papists  of  all  sorts,  nobility, 
gently,  and  clergy,  were  convocated  after  the  manner  of 
a  Parliament. 

9a.  New  jurisdictions  were  erected  of  Romish  Archbishops, 
taxes  levied,  another  state  moulded  within  this  state,  inde- 
pendent in  government,  contrary  in  interest  and  affection, 
secrutly  corrujiting  the  ignorant  or  negligent  professors  of 
onr  religion,  and  closely  uniting  and  combining  themselTes 
against  Fuch  ns  were  found  in  this  posture,  waiting  for  an 
opportunity  by  force  to  destroy  those  whom  they  could  not  hope 
to  seduce. 

93.  For  the  effecting  whereof  they  were  strengthened  with 
arms  and  munitions,  encouraged  by  superstitious  prayers, 
enjoined  by  the  Nuncio  to  be  weekly  made  for  the  prosperity 
of  some  great  design. 

94.  And  such  power  had  they  at  Court,  that  secretly 
a  commission  was  issued  out,  or  intended  to  be  issued  to  some 
great  men  of  that  profession,  for  the  levying  of  soldiers,  and 


CanttttHhoHal  DocHmrmts 


1 


ta  Wi»il  and  aaplay  tW«  Mcordlag  !•  prim*  !■ 


I 


.  Bit  MtnaU  mA  aAcan  CDapalM  to  )mk  gn*!  mm 

97.  VdiitadM  mm  mIM  to  tU  Owucil  TaUt^  vlw  w* 
lind  wilh  la^  attaBdMoea  Umn  for  nlniiac  itl^^  fijMuli 

««.  TIm  prinM  wwa  Albd  «UJi  ihrir  amMMMta;  tmrnj 
of  tlw  Sh«4ft  >a»—tJ  iato  tW  Star  CUak«.  aad  mmt 
Mi|i»'— III  fcr  ■•(  baiaf  ^alcfc  Moifli  im  kvfMf  Um  iU^ 
■MMj ;  tfc*  paopb  bng^riMd  oate  (tmI  aad  tar.  w  vWUa 
hapabaiiig  Ml  bat  ia  JM|i«l»i«. 

f9.  Tk*  pobUitybifuito  wMryaf  iMr  AMaa^fMbiMat 
aal  M^Ui  af  Iha  da^  aad  tMt  wUah  ba^H*  ••  l^a: 
aad  thif«B|MNi  Mna  af  tha  MM  awiaM  «f  Ikn  dU  paUtiM 
HU  lUiwtj  Bi  nak  a  Um,  vIm  ani  a 
tbat  Umjt  had  « 


P 


100.  WtOltt  Um  I 
Unpar,  tU  Hrala,  iwtraiaad  is  Ihair  lnd«k  i 
by  tba  lu*  aC  Maf  af  tWr  Atpi,  b«w««l  ^  aU  |i  flfTlg 
af  Hlb^iiv  Uta  lUfaatj  bjr  aaj  aakad  awpplkattaa.  wiirrf 
whb  a  pawartU  anaj  Mb  Iha  hB<di»,  aad  arhkaat  ^j 
WrtOa  Ml  ar  apail  n  Um  aaaMir  lk«r  paaad,  mtn  Ihn 
Aaalaf  a  pawaja  wiw  tU  T>aa  at  Navtera.  aaar  KawaaaUa. 
I ,  I  I  I  ikwalaaaof  Nawila,  and  Ud  a  Wr  appartMiitp 
la  praaa  an  faithar  apaa  tW  Klaff**  anay. 

lei.  Bat  datf  aad  iiiirMiai  to  Uia  M^M7<  ^d  ^lBlh■^| 
kna  to  tha  Eacliah  aalia«,  Mada  tkan  atoy  tkara^  wkaiahi 
tW  KiH  kMl  latava  to  Mrtartaia  baUar  aaHaah. 

i«(.  Wbacaia  Oad  aa  blMad  aad  diiaatod  Ua  tbM  W 
MMMMd  tba  Onat  OMneO  af  hara  to  aiBt  al  Taa%  apa* 
tha  14*  af  8tf4aa)hv.  aad  Ibaa*  lidand  a  rutttaaMM  to 
barn  tba  3nl  of  KimBbar  Ihaa  MWIh* 

103.  TW  Bcal^  Iba  Irak  1^  af  Ika  Oiairt  CoaaaO.  pt*- 
■atod   aa    hwaUt   AmMh  to   Hb   H^faMj. 
Tnalf  1  ...   — 


1641]  The  Grand  Remoftstrance  221 

104.  A  present  cessation  of  arms  agreed  upon,  and  the  full 
conclusion  of  all  differences  referred  to  the  wisdom  and  care 
of  the  Parliament. 

105.  As  our  first  meeting,  all  oppositions  seemed  to  yanish, 
the  mischiefs  were  so  evident  which  those  evil  counsellors 
produced,  that  no  man  durst  stand  up  to  defend  them:  yet 
the  work  itself  afforded  difficulty  enough. 

106.  The  multiplied  evils  and  corruption  of  fifteen  years, 
strengthened  by  custom  and  authority,  and  the  concurrent 
interest  of  many  powerful  delinquents,  were  now  to  be  brought 
to  judgment  and  reformation. 

107.  The  King's  household  was  to  be  provided  for: — they  had 
brought  him  to  that  want,  that  he  could  not  supply  his  ordinary 
and  necessary  expenses  without  the  assistance  of  his  people. 

108.  Two  armies  were  to  be  paid,  which  amounted  very 
near  to  eighty  thousand  pounds  a  month. 

109.  The  people  were  to  be  tenderly  charged,  having  been 
formerly  exhausted  with  many  burdensome  projects. 

no.  The  difficulties  seemed  to  be  insuperable,  which  by 
the  Divine  Providence  we  have  overcome.  The  contrarieties 
incompatible,  which  yet  in  a  great  measure  we  have  reconciled. 

III.  Six  subsidies  have  been  granted  and  a  Bill  of  poll- 
money,  which  if  it  be  duly  levied,  may  equal  six  subsidies  more, 
in  all  £600,000. 

1 1  a.  Besides  we  have  contracted  a  debt  to  the  Scots  of 
£220,000,  yet  God  hath  so  blessed  the  endeavours  of  this 
Parliament,  that  the  kingdom  is  a  great  gainer  by  all  these 
charges. 

113.  The  ship-money  is  abolished,  which  cost  the  kingdom 
about  £200,000  a  year. 

114.  The  coat  and  conduct-money,  and  other  military 
charges  are  taken  away,  which  in  many  oountriet  amounted 
to  little  less  than  the  ship-money. 

115.  The  monopolies  are  all  suppressed,  whereof  some  few 
did  prejudice  the  subject,  above  £1,000,000  yearly. 

116.  The  soap  £100,000. 

117.  The  wine  £300,000. 

1 1 8.  The  leather  must  needs  exceed  both,  and  salt  could  be 
no  less  than  that. 


323  Co9ishtuttofiti!  Ih>tume9th  ifr«i 

ii«/  lU'ii'li-*  titr  iiifrriifr  iiiiiIim|ki1ii».  vliuK,  il  tLr<  i- uM 
Iv  rs  irtlv  (•  iii|iutril,  %ki>ul  i  iiifi'^f  r|»  «  p'^t  tUJi. 

I  JO.  Tlint  «h  rh  i*  ni 'P'  U'li**!!' lal  th«ii  all  thi*  it.  \\h^\ 
\\\r  rmt  ct  tKfUr  r\ IN  ip  takr.i  AW.t\,  wiiirh  «a*  tlir  Ait'itrarr 
Y*wr\  |irrtriiilrii  t*i  W  in  lim  M.ijr*t\  cif  LititiiT  tk^  •a^'jrit, 
(•I  i-tuir^'iii^:  thrir  r-tAtm  «:i)i<iiit  ••*ii«*-iit  in  rarliAinciit.  *biik 
in  ifiw  ilrdnrKl  t^  )*r  B^mtti^t  law  \*\  tlic  ju-lfTinriit  %A  l«/tk 
HouM-.  mill  iikr%ii*r  hv  at.  Act  (>f  i*.trliAnjrijt. 

121  Aiiothri  *ivy  fi!'  ^'rrat  n'lVai.ta^e  it  th  ».  the  li«iiif 
(;rif tRiici'»,  t^t•  r\il  c>iuii»4ll<*r«  anl  a  tiir»  ot  tbr»r  iiuichirb 
liiivr  )ir«ii  fit!  (|UfIli**l 

1 3  J.  r>\  t^.r  ni-lu'r  tluii*^  ufK'ti  tiir  Flar!  r>f  SrrmffunS  the 
fli^'hl  nf  the  \*  1  I  Kiiiih  a.'itl  Srcrrtar^   Wii.ilrLfti.ck, 

1}^  Thr  KCi-iiiuti  'It  aii«l  iin|in*i>iritr:tt  oi  the  Arcuhiako|  cf 
( 'iiiitcil>ur\ .  cif  Jul^'r  I'M-rk'-lr}  :  wiA 

1^4  The  iii>|i<achiDeiit  cf  diviraolher  IiiBhi>|i»  aikI  Jutl«;'», 
tk^t  It  it  like  lift  {•iil\  to  \k  an  lAfr  t>>  thr  |>rr»rt.t  tiiuca, («ut 
a  iiirti  r%atiuu  to  thr  futurr. 

ijj;.  Thr  «lirr<>ntiiiuanc€  of  r<trhaniei*t«  i«  preieD!e<l  hv  M^ 
l*i!l  f'l  A  triennial  rarliammt  ami  th*-  a' rup'  iii»K>|jt;(i.  of 
tt.i«  I'arl lament  hv  aii«*th«*r  IWU.  \*\  «liuh  ii  i*  |'r"«iiri  it 
iilialt  lint  U-  «IiiiB<ihe«i  ur  aiij  'Urne^i  %ii*.ht*ut  the  ct>Lteiit  of  l^ytii 

lit*  Whiih  t«ii  Itm  %ieii  rtiii*  i|err<l  nuv  he  thought  n  >rc 
a  lvji)Iafrt-«>u«  than  .ill  the  furiii*  i  l««.«ii«r  tb-«  t-cure  a  fall 
o|ier.ttii>ii  tif  th<  |>ir«ent  rnnetU  ami  aff*  pI  a  |er|iitiiAl  ait^iag 
of  If  nie<li«ft  fiT  thf  future 

I  j;     Tl.r  St.ir  ('ii«:n^«r 

\2^    Tie  liifrh  t *«>ni;iii-ai>>ij 

ijii  Thr  Tiiurt*  cf  the  l'reti<lrt.t  an  1  ('itULcil  lu  the  N<*fth 
were  •«»  ni.in%  fmiret  of  'ii^erv  opj  ir^iim.  Ai;<l  «i«.>!ec.ce.  aii<i 
a'r  ah    taken   awa;. .  %ib-rrbv   n.*  n   ar*    lu-ne  accurrd   ii.   thctr 

tirii' n--.   he.t.et   ami   e-taten    th^u    tb-.    c<iuM  be  h«   ai..   U« 

■  •  ■        ■ 

or  eianij  le   fur   th<*    rei»'ulati<jo   of  th**^  ('nurt*   ■«    terr'r   of 
the  .'».«!i.''  • 

i,^c  Thr  in.m  ^!rrate  p>«ei  fi  tb*-  ToiLcil  TaKe.  ar.<^  t!M 
eire»t  ▼•  aT  i.»e  of  th.it  p  «r.  ii  »•  ••iihrvd  aji'J  rr«train«>i!, 
tliat  «•  II. .«  mrll  hijv  t^at  !.•»  •urh  thiagi  %a  ^rir  fr»- 
i^iien!:v  riotir  hv  theii.  U.  \  .c  |iie^a>iue  «.f  tuc  public  LL«.t/, 


1641]  The  Grand  Remofistrance  223 

will  appear  in  future  times  but  only  in  stories,  to  give  us  and 
our  posterity  more  occasion  to  praise  Qod  for  His  Majesty's 
goodness,  and  the  faithful  endeavours  of  this  Parliament. 

131.  The  canons  and  power  of  canon-making  are  blasted  by 
the  votes  of  both  Houses. 

132.  The  exorbitant  power  of  Bishops  and  their  courts  are 
much  abated,  by  some  provisions  in  the  Bill  against  the  High 
Commission  Court,  the  authors  of  the  mauy  innovations  in  doc- 
trine and  ceremoiiies. 

133.  The  ministers  that  have.been  scandalous  in  their  lives, 
Lave  been  so  terrified  in  just  complaints  and  accusations,  that 
we  may  well  hope  they  will  be  more  modest  for  the  time  to 
come ;  either  inwardly  convicted  by  the  sight  of  their  own  folly, 
or  outwardly  restrained  by  the  fear  of  punishment. 

134.  The  forests  are  by  a  good  law  reduced  to  their  right 
bounds. 

135.  The  encroachments  and  oppressions  of  the  Stannary 
Courts,  the  extortions  of  the  clerk  of  the  market. 

136.  And  the  compulsion  of  the  subject  to  receive  the  Oi'der 
of  Knighthood  against  his  will,  paying  of  fines  for  not  receiving 
it,  and  the  vexatious  proceedings  thereupon  for  levying  of  those 
fines,  are  by  other  beneficial  laws  reformed  and  prevented. 

137.  Mauy  excellent  laws  and  provisions  are  in  preparation 
for  removing  the  inordinate  power,  vexation  and  usurpation  of 
Bishops,  for  reforming  the  pride  and  idleness  of  maoy  of  the 
clergy,  for  easing  the  people  of  unnecessaiy  ceremonies  in  re- 
ligion, for  censuring  and  removing  unworthy  and  unprofitable 
ministers,  and  for  maintaining  godly  and  diligent  preachers 
through  the  kingdom. 

138.  Other  things  of  main  importance  for  the  good  of  this 
kingdom  are  in  proposition,  though  little  could  hitherto  be 
done  in  regard  of  the  many  other  more  pressing  businesses, 
which  yet  before  the  end  of  this  Session  we  hope  may  receive 
some  progress  and  perfection. 

139.  The  establishing  and  ordering  the  King's  revenue,  that 
so  the  abuse  of  officers  and  superfluity  of  expenses  may  be  cut 
ofif,  and  the  necessary  disbursemente  for  His  Majesty's  honour, 
the  defence  and  government  of  the  kingdom,  may  be  moi-e  cer- 
tainly provided  for. 


CotuHMietmt  Ooatmrnttt 


^ 


140.  1W  nf«la«iM  «f  wiute  of  JMliM,  w4  •kidgi^a  Wtfc 

141.  TW  wttliai  «f  ■ 


IwtwcM  M  and  otbu-  BAtisai,  for  tW  tAimmAa%  tt  aati**  mb- 

InJt.  «Im*«Ii7  iW  Mosk  of  iW  kin||d>>a  wy  W  i I.  ar 

•1  kMt  iMpI  fhw  hnpftMag,  h  IhrMfh  Mghot  tervirf  tt  hnk 


t4a.  laycBTtot  tb»  hfnfJtifcif  Mpen  mr  HMfc^  vkidi 

'  i)  miM>7  of  BtfiMn  lor  MiUi^  tb«  kii«4M  h  ^ 


I4J.  Ti»m, 
wiUi  n  Un  Imm  wiIihJ,  wI  wUdi  itiO  lia  b  aw  viV 

■   ..  ■^- ^*.  --«_^.t.  -*^^'---j '        ->        "pinl 

putj  *kii«  «*  km  Iw ly  dwirifcil  to  ht  tlM  Mlon  «■! 
ptwMtow  of  dl  oar  ■iMvy,  Umt  Im*«  lakaa  ImmI  ofofa. 

144.  noy  ^TC  bow  oUa  to  prafcr  Mac  il  tUr  Mm  fcrtm 
■sd  ofMrfa  to  digriM  of  bnoar,  to  pkna  of  IhmI  ••!  oaiflir- 
MM,  m*  4wb(  tk*  Parlliwl 

■  45.  Tkiy  \mitm  mdmnfimnA  to  work  u  Hi*  M^ly  01 
our  prwiinfi.  aa   if  wt  ka4 


fran  bia  BMqr  Map  vary  pc^M»«*»l  *•  *k*  0>«%  halfc  to 
mpaal  itf  inaoflMif*  aiad  praiL 

i4«.  To  wtpa  ort  tkto  alMdw  «■  tknfc  fooi  ody  to  a^ 
tfaaa  wioA :  tkal  an  tW  n  bat*  doM  ia  far  Hb  H^ly.  bia 
frailaaM,  baa  ear  and  wpport,  wbaa  *•  yMd  to  giv*  Xi$.eoe 
anoatblbrtharaliaf-rthaNtotbnOnaliaa;  IbtowMfnaa 
to  Iba  KiH.  br  ba  WM  boaad  to  paetoal  Ua  aaftriaiAa. 

I4T  1Wy»at«  HMH^Ml7'ia*a»aHa&nkMd  tbawM 
I     1  II  fii  lliii    gill  I  HUB  iikrii  laiBill 


.  Aad  If  Hk  tUtarty  I>*«m«  to  fara  tbMa  vba 

■iaf  tUanrI 
Mii|y4a,ll.aa»« 
baaMaaadfrMl^ 
lai a^  bw  ftaa  U^  a«  mm  af  (k 


1641]  The  Grand  Remonstrance  225 

149.  When  we  undertook  the  charge  of  the  army,  which 
cost  above  £50,000  a  month,  was  not  this  given  to  the  King) 
Was  it  not  His  Majesty's  army  1  Were  not  all  the  com- 
manders under  contract  with  His  Majesty,  at  higher  rates 
and  greater  wages  than  ordinary ) 

150.  And  have  we  not  taken  upon  us  to  discharge  all  the 
brotherly  assistance  of  £300,000,  which  we  gave  the  Scots? 
Was  it  not  toward  repair  of  those  damages  and  losses  which 
they  received  from  the  King's  ships  and  from  his  ministers  1 

151.  These  three  particulars  amount  to  above  £1,100,000. 

152.  Besides,  His  Majesty  hath  received  by  impositions  upon 
merchandise  at  least  £400,000. 

153.  So  that  His  Majesty  hath  had  out  of  the  subjects' 
purse  since  the  Parliament  began,  £1,500,000,  and  yet  these 
men  can  be  so  impudent  as  to  tell  His  Majesty  that  we  have 
done  nothing  for  him. 

154.  As  to  the  second  branch  of  this  slander,  we  acknow- 
ledge with  much  thankfulness  that  His  Majesty  hath  passed 
more  good  Bills  to  tho  advantage  of  the  subjects  than  have 
been  in  many  ages. 

155.  But  withal  we  cannot  forget  that  these  venomous 
councils  did  manifest  themselves  in  some  endeavours  to  hinder 
these  good  acts. 

156.  And  for  both  Houses  of  Parliament  we  may  with 
truth  and  modesty  say  thus  much :  that  we  have  ever  been 
careful  not  to  desire  anything  that  should  weaken  the  Crown 
either  in  just  profit  or  useful  power. 

157.  The  triennial  Parliament  for  the  matter  of  it,  doth 
not  extend  to  so  much  as  by  law  we  ought  to  have  required 
(there  being  two  statutes  still  in  force  for  a  Parliament  to  be 
once  a  year),  and  for  the  manner  of  it,  it  is  in  the  King's  power 
that  it  shall  never  take  effect,  if  he  by  a  timely  summons  shall 
prevent  any  other  way  of  assembling. 

158.  In  the  Bill  for  continuance  of  this  present  Parliament, 
there  seems  to  be  some  restraint  of  the  royal  power  in  dis- 
solving of  Parliaments,  not  to  take  it  out  of  the  Crown,  but 
to  suspend  the  execution  of  it  for  this  time  and  occasion  only : 
which  was  so  necessary  for  the  King's  own  security  and  the 
public  peace,  that  without  it  we  could  not  have  undertaken 

Q 


CoNstituiio9iai  Documntis  i6«i 

Ally  nf  these  ifrrat  duir^ra,  liiit  mii»t  \km\9  !•  ft  \a>%\\  the  MlUMa 
to  diMirilrr  aiM  ruiifu^iuu,  aiiii  \\w  whi  '.%-  kiuirilum  tu  hloutl  aad 
npiiir. 

ifii#.  Tlir  Stjir  Chamlirr  wa»  inu>  h  rimrr  fruitful  in  ii)*|*ii'AaifD 
than  111  I'rutit.  the  irivAt  fiitr*  Ih-iii^  f<<r  tiic  lutict  |i«it  givra 
awjiv,  Aiitl  t)  c  rmt  *tallr«l  '  at  li»ii|r  tiiiirii. 

160.  The  tiiirii  uf  tlir  iliirli  < 'ommi-tn  n  vcrr  in  thrmwlTaa 
unjuit.  and  irUlMiii  or  iir\pr  (aiiir  ibtu  the  Kiii^'t  |««iiw. 
Thr«c  fuiir  I'llii  arr  pnituuLrly  aod  nnTe  »|*m«Ily  inttiDccd. 

1 6 1.  Ill  the  ii-»t  there  %iill  nut  br  Iwund  ■«#  unch  a«  a 
•ha*Iiiw  iif  prrjiiilice  tu  tin*  ('niwn. 

|f»i.  Tri«y  have  KiU^'ht  to  ilintiiiifth  t)ur  reputatMD  with  l^<* 
|iei-|<lt*.  Aiui  til  Itiii:;  thrm  «>ut  uf  !i«vr  with  l'arI:Aiuri.ta. 

|6^  T).t.'  iiniriaiui.si  uhili  thrj  have  atteaipiad  ibia  wa? 
huvi*  iir«-it  lUih  »f»  th*'*r  . 

iri4  Tlukt  Hr  hnvr  #|irht  lunch  tinir  And  dune  lltti«.  e«pr«iAllj 
III  ihi'M*  c>ieY.»nrio  wl.iih  i-i>nirrn  rrli.*ii>n. 

ir>.^.  Tliat  thr  Tar  iaiU' lit  i«  .1  huitlm  x»%  th«  kio|rdum  hf 
the  iihuijtiAiiir  if  |'!tti-cti<ii»  %ihirh  h  n<lrr  ju^tic*  aimI  trade; 
uud  hy  iiiAiiv  •uhtidic:*  ^lantnl  inn^h  niure  heary  tikaa  aay 
[••niii  rlv  i-i.<l:i<  •!. 

irifi.  Tu  uhiih  thi*(r  I-  .1  rrady  answer;  if  the  tiina  tpeftt 
111  tl.i»  l'ArIi.tntpnt  )•«*  c«>i-Ai<lerrtl  in  reUtitai  backward  to  th« 
i.<:i^  ^T*  uth  Aiid  lU-eji  riAii  •  t  tlp»iN*  k'rir\Ancr*,  which  wr 
hjftvr  riiii"Vr«!,  !••  the*  ]m  verfiil  •u|>|*<rt««  uf  chi-«e  delioqu«clato 
uhhh  «r  hA\r  puirurd.  tu  thr  k'rrat  nrce«aitie«  and  other 
I  l.Aib.'rfi  tif  th'  !•  until »i. wealth  f^r  vii.ii  h  we  have  ftruvidsd. 

Id;.  *  *r  if  It  \<  c^tuiidrrrti  in  n-iAthiii  furwanl  to  manj 
A«lvAnt«ii:*  *.  which  nut  unly  thr  |*n**«nt  hut  futurt  a|Cta  ar« 
I  kr  t'l  iri|'  t>\  thi'  ^(«<i  law*  an-1  uthrr  |'nic«««iin|tB  io  ihaa 
r.»rliAn:r:.t.  me  «|iuht  ni't  hut  it  will  \m  tbuu^bt  hj  all 
iiiiiitf*  i«nt  ju-ik'uiriit-  th«t  4iur  tiin^  l:Afh  liern  liiDi  h  }wM9r 
rni|  1  }e'l  thiin  \u  m  f'.ir  k'n'«t*-r  pTu|Airtiun  tif  timt  id  naiijr 
!- iiufr  )  ill  ^AM:tiii»  |.ut  t*  h'cthrr  :  Ai.d  t)»p  i-KAr|(«a  which  Lave 
Ufii  I.ti.i  i.|H  It  (he  >ui'jffHt  aii'l  thr  uther  iiiCuuTenicnon  which 
thry  h«\r  1-  riif.  will  wrtxxi  \rry  light  in  ri*»|i«'Ct  \i  X^m  t^nrfif 
tii-%   t.a\*«  an  1  u««v  rrcri\i. 

I'  ^     Aiitl    l>r    !hf    luAts  r    ..f    |rv'tr<t:    [.■.  the    rarliABefat  !• 


x64x]  The  Grand  Remonstrance  227 

80  sensible  of  it  that  therein  they  intended  to  give  them 
whatsoever  ease  may  stand  with  honour  and  jostice,  and  are 
in  a  way  of  passing  a  Bill  to  give  them  satisfaction. 

169.  They  have  sought  by  many  subtle  practices  to  cause 
jealousies  and  divisions  betwixt  us  and  our  brethren  of  Scot- 
land, by  slandering  their  proceedings  and  intentions  towards  us, 
and  by  secret  endeavours  to  instigate  and  incense  them  and  us 
one  against  another. 

170.  They  have  had  such  a  party  of  Bishops  and  Popish 
lords  in  the  House  of  Peers,  as  hath  caused  much  opposition 
and  delay  in  the  prosecution  of  delinquents,  hindered  the 
proceedings  of  divers  good  Bills  passed  in  the  Commons' 
House,  concerning  the  reformation  of  sundry  great  abuses  and 
corruptions  both  in  Church  and  State. 

171.  They  have  laboured  to  seduce  and  corrupt  some  of 
the  Commons'  House  to  draw  them  into  conspiracies  and 
combinations  against  the  liberty  of  the  Parliament. 

172.  And  by  their  instruments  and  agents  they  have 
attempted  to  disaffeot  and  discontent  His  Majesty's  army,  and  to 
engage  it  for  the  maintenance  of  their  wicked  and  traitorous 
designs;  the  keeping  up  of  Bishops  in  votes  and  functions, 
and  by  force  to  compel  the  Parliament  to  order,  limit  and  dispoae 
their  proceedings  in  such  manner  as  might  best  concur  with 
the  intentions  of  this  dangerous  and  potent  faction. 

173.  And  when  one  mischievous  design  and  attempt  of  theirs 
to  bring  on  the  army  against  the  Parliament  and  the  City  of 
London  hath  been  discovered  and  prevented; 

174.  They  presently  undertook  another  of  the  same  damn- 
able nature,  with  this  addition  to  it,  to  endeavour  to  make 
the  Scottish  army  neutral,  whilst  the  English  army,  which  they 
had  laboui'ed  to  corrupt  and  envenom  against  us  by  their 
false  and  slanderous  suggestions,  should  execute  their  malice 
to  the  subversion  of  our  religion  and  the  dissolution  of  our 
government. 

175.  Thus  they  have  been  continually  practising  to  disturb 
the  peace,  and  plotting  the  destruction  even  of  all  the  King's 
dominions;  and  have  employed  their  emissaries  and  agents 
in  them,  all  for  the  promoting  their  devilish  designs,  which 
the  vigilancy  of  those  who  were  well  affected  hath  still  di»- 

Q  a 


Ctmslihthotiai  UocMmftUa 


I 


Enckad  u4  BratkwI. 

tft.  Onljr  i&  InUwl,  mh^k  «m  bftW  off,  IW^  ^*«  I 
liB*  Mid  oppwtWBJljr  la  »obU  Md  pnpart  iMr  work,  • 
M  braofU  H  to  tWt  pwfaikM  itet  tkj   ha4  ^mm 

IvrwMBMt  of  il.  nNrtMl  «rt  nlitiaa,  i 
PnlHUiite  viMn  Uw  oMKiMn  if  tkw  dMy  l«  0«i,  Unr 
Kiiif  Md  wortTT,  wMid  Ml  IwTC  ptraOttod  to  Jato  vitk  ihMi, 
if  t^  Ood^  wwidnM  imvidMM  tlMir  Mil  «M«priN  ^M  Ua 
cilj  sad  fMtk  ti  DaUia  Wd  not  bM«  dMMtod  Md  jwiiMid 
BpoB  tbt  *«r]r  «n  Won  it  abmid  lw«»  bwn  ■Kwwtrf 

177.  NotwitlMtoMli^  tWf   kav*  {•  atkv   pMta  if  (l»l 
kiaffilBa  brakM  Mt  into  vfm  nUUoB,  fiyciiit  tow  aad 


•UkM  of  all  iMidi  of  nWditBw  to  Hii  lU^lr  Md  Ika  bva 
•TdwrMlB. 

i;B.  Aad  }m  gaMnI  hm  UadM  iwh  a  In^  ai  MtUii« 
bst  Ood'a  lalaito  UaMJaf  vpaa  iIm  wiadoa  aad  indtwian 
flf  Ikb  Btola  win  b*  aUa  to  qawA  it 

Iff.  And  aartaialjr  iMd  sat  Ood  b  Hii  fiaM  mmix^  nto 
tto  had  JJawwawd  and  wifaamdad  tWr  Wwiai  ilMigM,  t  >a< 
baM  Ifca  inkvM  la  tUa  Vn^j  m  Iralaad.  aad  lad  It  lUi 
ban  BMtit  tk*  luMOtoUa  ipactocia  af  mImvt  aad  andlMtM. 

■to  Aad  aav  vkal  Ufa  kava  «■  bat  (a  Oad,  wbM  aa 
tba  oaljr  laaua  a(  a«r  aitairtwaa  aad  pawar  cl  ladHaatiaa 
ia  aadv  Hi*  ia  Iba  PteUasMtl 

III.  Bat  what  <M  wt  tba  OoaMMK  wMm*  iba  mm- 
jnctka  ol  tbt  Hum  af  Lm^^  aad  wtet  iim)MuliM  «M 
««  wKfmit  tbtm.  wbaa  lU  Kabupi  aad  1  laaal  larda  aia 
m  aaaiiTOua  aad  pravalaal  tbat  tbajr  ai*  KUa  to  nmm  aaJ 
'  ■(  aadaafaata  far  nAfatiaa.  wd  hj  thai 
I  fi**  advaatofa  to  Ibia  ■■liyiwt  paitj  to  I 


t  mma  to  abgliA 
■t,  aad  taava  avar;  aaa  to  bb  «wb 
i  awriaa  and  wanUp  of  0«d,  alMtrtM  bia  «f 
tUI  abadiaaaa  wUab  bi  awai  aadv  Ood  Mto  Bk  M  |i<j, 
vbsB  w*  kaow  to  W  aatnutod  witb  tb»    iFiliaMtliil  )tm 


lis.  Thar  iaJbaa  iato  tba  paafda  that  1 


i64x]  The  Grand  Remonstrance  229 

as  well  as  with  the  temporal,  to  regulate  all  the  members  of 
the  Church  of  England,  by  such  rules  of  order  and  discipline 
as  are  established  by  Parliament,  which  is  his  great  council, 
in  all  affairs  both  in  Church  and  State. 

183.  We  confess  our  intention  is,  and  our  endeavours  have 
been,  to  reduce  within  bounds  that  exorbitant  power  which 
the  prelates  have  assumed  unto  themselves,  so  contrary  both 
to  the  Word  of  God  and  to  the  laws  of  the  land,  to  which 
end  we  passed  the  Bill  for  the  removing  them  from  their  tem- 
poral power  and  employments,  that  so  the  better  they  might 
with  meekness  apply  themselves  to  the  discharge  of  their  func- 
tions, which  Bill  themselves  opposed,  and  were  the  principal 
instruments  of  crossing  it. 

184.  And  we  do  here  declare  that  it  is  far  from  our  pur- 
pose or  desire  to  let  loose  the  golden  reins  of  discipline  and 
government  in  the  Church,  to  leave  private  persons  or  particular 
congregations  to  take  up  what  form  of  Divine  Service  they 
please,  for  we  hold  it  requisite  that  there  should  be  through- 
out the  whole  realm  a  conformity  to  that  order  which  the 
laws  enjoin  according  to  the  Word  of  Qod.  And  we  desire 
to  unburden  the  consciences  of  men  of  needless  and  super- 
stitious ceremonies,  suppress  innovations,  and  take  away  the 
monuments  of  idolatry. 

185.  And  the  better  to  effect  the  intended  reformation,  we 
desire  there  may  be  a  general  synod  of  the  most  grave,  pious, 
learned  and  judicious  divines  of  this  island ;  assisted  with  some 
from  foreign  parts,  professing  the  same  religion  with  us,  who 
may  consider  of  all  things  necessary  for  the  peace  and  good 
government  of  the  Church,  and  represent  the  results  of  their 
consultations  unto  the  Parliament,  to  be  there  allowed  of  and 
confirmed,  and  receive  the  stamp  of  authority,  thereby  to  find 
passage  and  obedience  throughout  the  kingdom. 

186.  They  have  maliciously  charged  us  that  we  intend  to 
destroy  and  discourage  learning,  whereas  it  is  our  chiefest  care 
and  desire  to  advance  it,  and  to  provide  a  competent  mainten- 
ance for  conscionable  and  preaching  ministers  throughout  the 
kingdom,  which  will  be  a  great  encouragement  to  scholars,  and 
a  certain  means  whereby  the  want,  meanness  and  ignorance,  to 
which  a  great  part  of  the  clergy  is  now  subject,  will  be  prevented. 


ajo  ConsiiiHitonal  Dikudnents  'i««i 

1S7.  \uk\  wr  intrixfrfl  liLrwi»«  to  reforu;  uid  |>uf|rt  tbc 
fuuiitaiu^  of  Irariiiiitf.  tlic  twu  I'liitrriitift  thai  tli#  •trraat 
fliiwiiiK  from  tliriiii  \\k\  \*t  cUav  mA  |iur«.  anl  aij  booour 
mill  ii>iiif"rt  til  the  wlmlr  IaicI 

1^^.  Tlirv  li.i\r  iitr.iiiir«l  tn  KLi^t  fiir  |ioc#edinfrB  ii>  Farlia- 
iiiriit,  liv  HirMiiif(  thr  iiiter|iictaii«  HI  ul  our  onlcn  from  tbnr 
^eiiuiiiv  iiitriitioii. 

1R9.  Tlii-\  t«*U  thr  |4^i|ilr  thiit  our  nirfMlii:^'  with  thr  |««rr 
iif  r|tiiico|4ii'y  hath  ciiu^mI  p>rctarir«  and  cuiivfinticlei  wlics 
i'lulatrtim  uii«l  rii|>i«h  crrrnMitiin.  ihtn^iucrd  iiit«>  tb*  <  burck 
liy  ti  r  roiiiiiiaiiil  ff  the  I'iihitj-fl,  have  iiot  uiiIt  dfhAind  tbt 
|ic«|>lr  frtjii  thriirr,  hut  (i|i«'llfH|  thcni  from  the  kin^iiom. 

iiiO.  ThiiH  nith  Klijah'.  «p  ai«  ca!!r«l  hv  tbii  maliffiMBt 
|Nirtv  the  tH'uhh'r"  if  thr  Rtatr.  axul  f»till.  while  wr  eiid«avMtf 
t(i  rffntiii  thrir  ahu^m,  tb*v  niaki*  ua  thr  authivn  uf  tboar  mi»* 
chirfa  Wr  •tU'ly  to  |iie\fiit. 

igi  Fur  thr  |i^fr<  tiDiT  o!  the  work  liffnin.  >xiil  rtmoviBir  all 
iutuir  iiii|M«limeiit<.  wf  ctuicrivr  thcar  courv^n  %rill  be  very  e#- 
le^'tual  ^el•inff  th*-  n-lik'H'ii  of  thr  ra|ii*t*  hath  auib  priociplrt  M 
«h>  L-ritMiiily  trmi  tn  liir  devtructmu  and  rstirpati*  u  of  all  fiv- 
IrMiint-  whi-n  llif\  -hill  hare  oppurluiiity  t**  rtf«ct  it 

I'i.*  It  i«  itixrf«(«ry  111  the  t'irM  place  to  keep  tbrn  in  mkIi 
r>i.<iili<it  Mil  that  thrv  iiia%  Hut  l^*  nhle  to  d<i  ua  aiiT  bull,  attd 
tiT  avoitlii  L'  4't  PUi'h  iMUuiTanre  ai.d  favntir  at  hath  bereiolcr* 
\n\-  •  *>h>'Wii  uiitii  tiieni. 

!!>;  Ti.  t  liin  Mjj'*ty  ■  •■  |»!ra.*««l  t>i  ^Maiit  .-\  itaij-tif 
I  •  iitiiii«>*.iii  to  M-ii.«  I'lti  li't*  liii-ii  i.air.fii  iu  rArliaxneat,  wbo 
iii.i\  tak>  ii'ti-f  «>f  thnr  iiii:i-ii*r.  thnr  cfUutcU  aad  pfi^ 
trrituj  .  ui.tl  i;-^r  a\\  liur  iiiiAi»«  hv  I'ACCUtioll  of  tbe  laWf  Ia 
pi-viit   .\\\  mi-i  ii.rvi-u«   ih">.ifiii  n^'Mii.t*.  tht    |ieace  and  aa^j 

1 1^4  'li.  ;«  ••  ii»*  u'<«*l  I'uuiMT  In*  taken  ti>  tii«coTer  tb«  maa- 
'.-  ilVit  ai.'i  I..  ••  i«  nf  i:i:i!y  if  l'.i}  i«t*  '  thr  t  hurcb.  Vy  rcloar 
\iK<rit'f  ]<«rvi;.-  \rry  in'i>  h  liKatirrtrvi  t«>  tf>«-  true  rrlii;ioti  bfttc 
)  r«  •.  All-  '*■  i  II. !t'  I  !  «<-t  i-f  t{r  .I'r-t  -lilt-'  •  ritv  m  •)  tniat  in  iW 
ki:.-.l..|... 

If'.     Y  T  \)r   1<-Mrr  |'rp*i  r  \  at  i<  11   it   tl  r  lAwa  and  libcrti 


1641]  The  Grand  Remonstrance  231 

of  the  kingdom,  that  all  illegal  grievaDces  and  exactions  be 
presented  and  punished  at  the  sessions  and  assizes. 

196.  And  that  Judges  and  Justices  be  very  careful  to  give 
this  in  charge  to  the  grand  jury,  and  both  the  Sheriff  and 
Justices  to  be  sworn  to  the  due  execution  of  the  Petition  of 
Right  and  other  laws. 

197.  That  His  Majesty  be  humbly  petitioned  by  both  Houses 
to  employ  such  councillors,  ambassadors  and  other  ministers,  in 
managing  his  business  at  home  and  abroad  as  the  Parliament 
may  have  cause  to  confide  in,  ¥rithout  which  we  cannot  give 
His  Migesty  such  supplies  for  support  of  his  own  estate,  nor 
such  assistance  to  the  Protestant  party  beyond  the  sea,  as  is 
desired. 

198.  It  may  often  fall  out  that  the  Commons  may  have  just 
cause  to  take  exceptions  at  some  men  for  being  councillors,  and 
yet  not  charge  those  men  with  crimes,  for  there  be  grounds  of 
diffidence  which  lie  not  in  proof. 

199.  There  are  others,  which  though  they  may  be  proved, 
yet  are  not  legally  criminal. 

200.  To  be  a  known  favourer  of  Papists,  or  to  have  been 
very  forward  in  defending  or  countenancing  some  great  offenders 
questioned  in  Parliament ;  or  to  speak  contemptuously  of  either 
Houses  of  Parliament  or  Parliamentary  proceedings. 

201.  Or  such  as  are  factors  or  agents  for  any  foreign  prince 
of  another  religion ;  such  are  justly  suspected  to  get  coun- 
cillors' places,  or  any  other  of  trust  concerning  public  em- 
ployment for  money ;  for  all  these  and  divers  others  we  may 
have  great  reason  to  be  earnest  with  His  Majesty,  not  to  put 
his  great  affairs  into  such  hands,  though  we  may  be  unwilling 
to  proceed  against  them  in  any  legal  way  of  charge  or  impeach- 
ment. 

202.  That  all  Councillors  of  State  may  be  sworn  to  observe 
those  laws  which  concern  the  subject  in  his  liberty,  that  they 
may  likewise  take  an  oath  not  to  receive  or  give  reward  or 
pension  from  any  foreign  prince,  but  such  as  they  shall  within 
some  reasonable  time  discover  to  the  Lords  of  His  Migesty's 
Council. 

203.  And  although  they  should  wickedly  forswear  them- 
selves, yet  it  may  herein  do  good  to  make  them  known  to 


7 


fari^  iUm  ialo  m  liUla  wvdit  wUh  iktm  am  vtlh  w. 

M4.  n>t  Hm  lUiMtf  ■■J  ^n  <■■>■  <«  b*  i»  bn  wilk 
ftod  MiuMal  ftad  gMd  uri^  hj  •kowisf  hiai  ia  as  biaUi 
wd  antifU  MUMt  iMw  Ml  «f  minata^  H  wmU  U  to 
UMtlf;  to  M  1^  an  wUta  Mttled  is  ft  ylMiHIiil  1  1  irif  1 
lo  Mppvt  Ua  bOMor;  ta  va  lua  paa^a  BaHMl  ia  «■;■  rf 
daijp  l«  Ua,  uJ  wdMToan  ti  Ihm  pMie  pol:  Is  «*  ha^ 
piaw,  wMhh.  |MM  uU  Mfclr  dnimi  to  hk  Mm  I'  gl     . 

I  pf«c«nd  to  U*  »IU«  b]r  lb>  a^wmm  ti  Ui  ««•  fMnr 


44.  T^E  Komi'b  PaocLuutua  ob  Rjbmmv. 

(OVMBtor  M,  ttft.     twAmmtk.  !■.  4t4.    Mm  HmI  V 1^^  >.  «Ll 

J  yplrf  »■<!»—  /ar  atajiiww  I*  riL  Lim.  Vf^aimtd  fm  l&#  MkA- 
tuAfaf  y  Out  tnt*  niifimt  m  lAu  kimflUm  af  MmflmiJ. 

Hk  M^jljf  BBMahliriBg  it  ••  «  dirtjr  nott  biwi^iaf,  ami 
Ikil  MM*  «Ui««lli  wnrdga  MUWily  !■  »  GMMiu  Kn« 
to  U  w^tal  (abm  «U  athm  th»fi>  of  iMwi^  -^  »*■ 
TMMiBg  Iba  booosr  aad  HniM  af  Alaighty  Ood.  aad  Ika 
PMM  wd  tomM|BUlit7  of  tU  Chwal^  to  wUifc  «■!  Uia  ]l»- 
JaMy  whli  kU  fWiaMat  haik  h  udcr  iiMiJiiUJja.  Imv 
kU  iaH  Miwpla  May  b«  iMnand.  aai  Waf  ia  ika  a  iwliaa 
awibia  tUl  Iha  pnant  iindaa.  mfimtim  aad  diMrte  ftkn« 
IW  MtaU|>  aad  •wrist  aT  O^  aa  to  k  wtoUiihad  by  Ika  toaa 
■  ifl  nnnii  iiniii  liiniiiiii  !■  Hi  ITiii  li  irFatlnllnliH 
to  gnaA  diatiaatMB  aai  waflMina,  aad  aay  aidaafw  Iha  n^ 
Tanks  at  Um  Ttfy  taiMes  sad  MlMtoaoa  of  Uaa  nlika; 
halk  ttoelvad  lir  tfca  |«aiTatfaa  J  aaMy  aad  paaaa  (wWik  ia 
■aat  amiMiy  a>  thk  tkw  far  tU  Chaftii  of  gnglto  ij.  1 1  i|ili  1 
ihiKtori  to  tW  km  and  itototoa  «^ia>d  far  tb*  -  T  f  li  j 
•r Um  Uat  raliKka  ia  lUa  Unffdoa^  wiMcshr  tha  iMaaraf  OsA 
maj  W  adTUMd.  to  lb*  gnat  eanfart  aad  fcifyiaw  balk  tf 
Hk  U^Mr  *'>d  bi*  fuMl  aalgKU. 

Bk  K^^y  doth  tktnfan  dutffa  aad  tiiwiii.  tkat  Di* 
viaa  Swrka  W  parianaad  la  thk  Iw  kiaH^  of  Bagjuid 


1641]         The  King^s  Answer  to  the  Petition         233 

and  dominion  of  Wales,  as  is  appointed  by  the  laws  and 
statutes  established  in  this  realm;  and  that  obedience  be 
giyen  by  all  his  subjects,  ecclesiastical  and  temporal,  to  the 
said  laws  and  statutes  concerning  the  same.  And  that  all 
Judges,  officers  and  ministers,  ecclesiastical  and  temporal,  ac- 
cording to  justice  and  their  respective  duties,  do  put  the  said 
Acts  of  Parliament  in  due  execution  against  all  wilful  con* 
temners  and  disturbers  of  Divine  Service  contrary  to  the  said 
laws  and  statutes. 

His  Majesty  doth  further  command  that  no  parsons,  vicars 
or  curates  in  their  several  parishes  shall  presume  to  introduce 
any  rite  or  ceremonies  other  than  those  which  are  established 
by  the  laws  and  statutes  of  the  land. 

Dated  the  tenth  day  of  December,  in  the 

beveuteenth  year  of  His  Majesty's  I'eign. 


45.  The  King's  Answkr  to  thb  Pbtition  accompanying  the 

Gband  Kemonbtbance. 

[December  23,  1641.     Kuahworih,  iv.  45a.     See  Hi$t.  of  Engl.  x.  108.] 

We  having  received  from  you,  soon  after  our  return  out  of 
Scotland,  a  long  petition  consisting  of  many  desires  of  great 
moment,  together  with  a  declaration  of  a  very  unusual  nature 
annexed  thereunto,  we  had  taken  some  time  to  consider  of  it, 
as  befitted  us  in  a  matter  of  that  consequence,  being  confident 
that  your  own  reason  and  regard  to  us,  as  well  as  our  express 
intimation  by  our  comptroller^,  to  that  purpose,  would  have 
restrained  you  from  the  publishing  of  it  till  such  time  as  you 
should  have  received  our  answer  to  it ;  but,  much  against  our 
expectation,  finding  the  contrary,  that  the  said  declaration  is 
already  abroad  in  print,  by  directions  from  your  House  as 
appears  by  the  printed  copy,  we  must  let  you  know  that  we 
are  very  sensible  of  the  disrespect.  Notwithstanding,  it  is  our 
intention  that  no  failing  on  your  part  shall  make  us  fail  in 
ours  of  giving  all  due  satisfaction  to  the  desires  of  our  people 
in  a  parliamentary  way ;  and  therefore  we  send  you  this  answer 
to  your  petition,  reserving  ourself  in  point  of  the  declaration 
*  Sir  Thomas  Jermyn.    See  JouroaU  of  the  House  of  Commons,  ii.  330. 


2J4 


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1641]         The  King's  Answer  to  the  Petition         235 

apply  oonelf  to  give  due  satisfaction  therein ;  but  we  are  very 
sorry  to  hear,  in  such  general  terms,  corruption  in  religion 
objected,  since  we  are  persuaded  in  our  consciences  that  no 
Church  can  be  found  upon  the  earth  that  professeth  the  true 
rehgion  with  more  purity  of  doctrine  than  the  Church  of 
England  doth,  nor  where  the  government  and  discipline  are 
jointly  more  beautified  and  free  from  superstition,  than  as  they 
are  here  established  by  law,  which,  by  the  grace  of  God,  we 
will  with  constancy  maintain  (while  we  live)  in  their  purity 
and  glory,  not  only  against  all  invasions  of  Popery,  but  also 
from  the  irreverence  of  those  many  schismatics  and  separatists, 
wherewith  of  late  this  kingdom  and  this  city  abounds,  to  the 
great  dishonour  and  hazard  both  of  Church  and  State,  for  the 
suppression  of  whom  we  require  your  timely  aid  and  active 
assistance. 

To  the  gecond  prayer  of  the  petition,  couceniing  the  removal 
and  choice  of  councillors,  we  know  not  any  of  our  Council  to 
whom  the  character  set  forth  in  the  petition  can  belong :  that 
by  those  whom  we  had  exposed  to  tiial,  we  have  already  given 
you  sufficient  testimony  that  there  is  no  man  so  near  unto  us 
in  place  or  affection,  whom  we  will  not  leave  to  the  justice  of 
the  law,  if  you  shall  bring  a  particular  charge  and  sufficient 
proofs  against  him ;  and  of  this  we  do  again  assure  you,  but 
in  the  meantime  we  wish  you  to  forbear  such  general  aspersions 
as  may  reflect  upon  all  our  Council,  since  you  name  none  in 
particular. 

That  for  the  choice  of  our  councillors  and  ministers  of 
state,  it  were  to  debar  us  that  natural  liberty  all  freemen 
have;  and  as  it  is  the  undoubted  right  of  the  Crown  of 
England  to  call  such  persons  to  our  secret  counsels,  to  public 
employment  and  our  particular  service  as  we  shall  think  fit, 
80  we  are,  and  ever  shall  be,  very  careful  to  make  election 
of  such  pereous  in  those  places  of  trust  as  shall  have  given 
good  testimouies  of  their  abilities  and  integrity,  and  against 
whom  there  can  be  no  just  cause  of  exception  whereon  reason- 
ably to  ground  a  diffidence;  and  to  choices  of  this  nature,  we 
assure  you  that  the  mediation  of  the  nearest  unto  us  hath 
always  concurred. 

To   the  third   prayer  of  your  petition  concerning  Ireland, 


Umia  ihtnut,  to  fivmi  tnm  aadl  t 
mim  Um(  it  a^y  b«  ■  wafatioa  nty  H  iw  ■•  to  tok* ;  bM 
irliMUr  it  b*  wm»mM«  to  JmUk  fihrtiiiM  af  tlwt  mttn 
fatfat*  tk«  avHiU  of  «  wftr  U  mm,  that  w  naek  <1mU  «fl 
I  b«l  tkudi  7M  Ibr  llifa  can,  aoA  ymt 
at  iha  mtffnmiam  ti  UmI  raUUiM :  i^m 
Ik  (pMilir  tOMliBf  wlMtw<  tha  gbfjr  «f  0«m1  is  tW  fVotoMM 
pidiiitai.  Ih»  Mfclj  of  tiM  MimJi  Um«,  *nr  Immmt,  ttnl  Ite 
«f  llw  ■■ttow.wawt  Jiyiali;  all  lt»  iulwwli  «f  lUa  Uqr 
doto  Mag  m  iMnlvai  la  that  hoirfaMB,  «•  aaaot  ImI  i|ai(ftia 
yaw  ■Miitioai  Ihwaia,  aad  ifeall  4Mira  jvm  to  Ahbh  jaar 
iiitili^  to  |lva  wdt  «t|MdiU«i  to  Ifca  work  m  Um  aataM 
IkaaarMdUwpnaaiwiapwataf  tint  i«i{nn  i  aalwWaar 
JOB  aia  pat  ia  aumd  bjr  tW  dailjr  iaialiaw  hmJ  iacnaM  a#  thnr 
ralHk. 

For  oiBalaaaa,  joar  |aaBbt  to  •f>pl7  Toanalfw  to  mA 
toaiw  H  awj  laiiinrt  oar  royal  Mtolo  with  hMiar  amA 
pltntjr  at  \nmm,  aaA  antk  paw  aad  rvpatolfaai  afeaaal.  b 
thai  which  wa  ha*«  «<rar  proaUaad  mtmit,  both  ftaa  jaar 
lajahioi  aa4  dfcHtoat.  aaal  oIm  far  what  va  baoa  alnajj 
4ow,  «kI  AoU  <hair  |i>  addiag  aato,  fca  tha  im>rt  ll 
haH^atai  uT  war  fiPpli. 


Id.  Iks  iMraJunonorr  o*  on  mataaa  or  nu 
LfiuM,  AKi>  nr  rtTB  Mmaaa*  or  tmb  Hoi-m  or 


ArtkiM  at  kigb  trvaooa  aa4  Ml 
w^piMA  tho  tcad  KiHbaMoa,  Mr.  DmbI  HallH.  Kir  Aithv 
Hiifanci.  Mr.  John  !>..  Mr.  Joho  "f-p'-r  oad  Hr.  WH- 
UMieuada. 

I.  That  thvy  ha*a  ttaitotaaair  aadMTaarMl  to  aah««t1  iha 
ftiailiMiiril  kn  aaa  iBiwa^Mt  ^  tha  UagJoto  oT  Pi^ha^, 
to^oiriwAaKfaf  orMiHyJpwwg.Mdtophtoiai  Ijiill 
aa  arbitimrr  aad  tyroaaiMl  pawar  oaar  lha  Uti^  IJbwlito  aa4 
a  of  Hi*  MaJMlgr'*  b^p  pMfk. 


1641-a]    A  Declaration  of  the  House  of  Commons     237 

2.  That  they  hare  traitorooBly  endeavoared,  bj  many  foal 
aspersions  upon  His  Majesty  and  his  government,  to  alienate 
the  affections  of  his  people,  and  to  make  Hb  Majesty  odions 
unto  them. 

3.  That  they  have  endearonred  to  draw  His  Majesty's  late 
army  to  disobedience  to  His  Majesty's  commands,  and  to  side 
with  them  in  their  traitorous  designs. 

4.  That  they  have  traitorously  invited  and  encouraged  a 
foreign  power  to  invade  His  Majesty's  kingdom  of  England. 

5.  That  they  have  traitorously  endeavoured  to  subvert  the 
rights  and  the  very  being  of  Parliaments. 

6.  That  for  the  completing  of  their  traitorous  designs  they 
have  endeavoured  (as  far  as  in  them  lay)  by  force  and  terror 
to  compel  the  Parliament  to  join  with  them  in  their  traitorous 
designs,  and  to  that  end  have  actually  raised  and  countenanced 
tumults  against  the  King  and  Parliament. 

7.  And  that  they  have  traitorously  conspired  to  levy,  and 
actuaUy  have  levied,  war  against  the  King. 


47.    A  Declaration  of  the  House  of  Cobcmoks  touchimo 

A    LATE   BBEAGH   OF   THEIB   PbIYILEOES. 

[Januury  17,  164}.    RaBhworth,  iv.  484.    See  Jonmak  of  the 
Hoofle  of  Commoni,  ii.  373,  383.] 

Whereas  the  chambers,  studies  and  trunks  of  Mr.  Densil 
Holies,  Sir  Arthur  Haslerigg,  Mr  John  Pym,  Mr.  John  Hampden 
and  Mr.  William  Strode,  Esquires,  members  of  the  House  of 
Commons,  upon  Monday  the  third  of  this  instant  January,  by 
colour  of  His  Majesty's  warrant,  have  been  sealed  up  by  Sir 
William  Killigrew  and  Sir  William  Fleming  and  others,  which 
is  not  only  against  the  privilege  of  Parliament,  but  the  common 
liberty  of  every  subject ;  which  said  members  afterwards  the 
same  day  were  under  the  like  colour,  by  Seijeant  Francis,  one 
of  His  Majesty's  serjeants-at-arms,  contrary  to  all  former  pre- 
cedents, demanded  of  the  Speaker,  sitting  in  the  House  of 
Commons,  to  be  delivered  unto  him,  that  he  might  arrest  them 
of  high  treason;  and  whereas  afterwards,  the  next  day  His 
Majesty  in  his  royal  person  came  to  the  said  House,  attended 


2^8 


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i64x-a]    A  Declaration  of  the  House  of  Commons    239 

thaD  we  onrselyes  to  bring  them  to  a  speedy  and  due  trial; 
being  sensible  that  it  equally  imports  us,  as  well  to  see 
justice  done  against  them  that  are  criminal  as  to  defend  the 
just  rights  and  liberties  of  the  subjects  and  Parliament  of 
£ngland. 

And  whereas,  upon  several  examinations  taken  the  7th 
day  of  this  instant  January,  before  the  committee  appointed 
by  the  House  of  Commons  to  sit  in  London,  it  did  fully  appear 
that  many  soldiers,  Papists  and  others,  to  the  number  of 
about  five  hundred,  came  with  His  Majesty  on  Tuesday  last 
to  the  Faid  House  of  Commons,  armed  with  swords,  pistols  and 
other  weapons,  and  divers  of  them  pressed  to  the  door  of  the 
said  House,  thrust  away  the  door-keepers,  and  placed  them- 
selves between  the  said  door  and  the  ordinary  attendants  of 
His  Majesty,  holding  up  their  swords,  and  some  holding  up 
their  pistols  ready  cocked  near  the  said  door  and  saying,  '  I  am 
a  good  marksman ;  I  can  hit  right,  I  warrant  you,'  and  they 
not  suffering  the  said  door  according  to  the  custom  of  Parlia- 
ment to  be  shut,  but  said  they  would  have  the  door  open,  and 
if  any  opposition  were  against  them,  they  made  no  question 
but  they  should  make  their  party  good,  and  that  they  would 
maintain  their  party ;  and  when  several  members  of  the  House 
of  Commons  were  coming  into  the  House,  their  attendants 
desiring  that  room  might  be  made  for  them,  some  of  the  said 
soldiers  answered,  'A  pox  of  God  confound  them,'  and  others 
said,  '  A  pox  take  the  House  of  Commons,  let  them  come  and 
be  hanged,  what  ado  is  here  with  the  House  of  Commons  t' 
And  some  of  the  said  soldiers  did  likewise  violently  assault, 
and  by  force  disarm  some  of  the  attendants  and  servants  of 
the  members  of  the  House  of  Commons  waiting  in  the  room 
next  the  said  House,  and  upon  the  King's  return  out  of  the 
said  House,  many  of  them  by  wicked  oaths  and  otherwise, 
expressed  much  discontent  that  some  members  of  the  said 
House  for  whom  they  came  were  not  there,  and  others  of  them 
said,  '  When  comes  the  word  f '  And  no  word  being  given,  at 
His  Majesty's  coming  out  they  cried,  '  A  lane,  a  lane ' ;  after- 
wards some  of  them  being  demanded  what  they  thought  the 
said  company  intended  to  have  done,  answered  that,  question- 
less, in  the  posture  they  were  set,  if  the  word  had  been  given, 


ComatihiHmmt  Dpnamuttj 


\%M*-m 


tfc«r  •bnU  k«TC  hSim  m^mi  Ibt  Hm«  ■!  Odmhm  aai  te«* 
tnt  sll  tbair  Ihmlii  "rnn  H  T|-|r^  ri  in  nf  »|lriw.  Urt 
U  k  ndWotlj  prand  tk^l  Ua  aniiv  nf  iW  aud  i  TTIwi. 
hfiiiU  utd  ockm.  with  Hh  M^pM;  to  tW  BawvaTOMMM* 
OB  ToMdiV  Uat,  bainir  tb*  4th  of  (hi*  luUM  JaaMmry,  fai  tfe 
nuBWV  afriwid.  «•■  lo  tok*  aw»j  mmb*  af  iIm  mamkm%  af 
Um  Mid  Bmm  ;  aad  if  tbajr  iheidil  tav*  foud  «p^tfa«  <r 
4hmI,  tUa  to  Un  IkllM  opM  Um  aid  BaMs  la  u  Wtfl* 


I 


Um  Kiac  Md  hrlfaMMt.  Aad 
wiMnaa  Dm  i^  Mr.  HoUm.  Kr  Artkar  UHlan»  Mr.  F^ 
■r.  Haspdaa.  md  Ifr.  Stiada,  q^  lafOTt  a^  Iha  M^^ 
af  tka  Mid  Kddiaaa,  P«|Mla  aad  oUHia,  ia  Um  *wfiW  ^ 
hwlfla  laiiwir  ifciMill  did.  vHti  Um  apyioteiM  af  tW 
Baaaa.  ahaart  rtiMwliM  traM  iW  pvvka  a#  Iha  Baaaib  far 
aTCidtag  Um  fnal  aad  naajr  tMaavaaiaaaM  wUck  alhaaaJM 
tffuMUf^wi^UnUffmtii  riaaa  wVifc  Um  a  pdMad 
payar,  in  tka  fana  of  a  rradaMaUMi.  baariaf  data  Um  itk  daf 
of  tUi  iaataai  Jumary  hath  ImbmI  aat,  ftriba  ■|i|iiiliw«^ 
I,  UMfiia  wnaaUi^  I        ' 


•  o(  thair  ova  caOt  tWjr  van  almrt  airf  iad,  aal 


Uaa 


that  Um  nU  pvislad  p^«r  it  Uaa,  • 


vamnt  tMoad  aal,  w  aa j  athar  Batlar  7«t  appaari^  ^ 
Am  ar  anv  of  Umm,  Ihqr  aay  a^  oH)>t  to  oOmJ  I 
•arrtea  af  tba  aoM  Bawa  of  Ckaaaaaa  aad  Uw  wratal  Ch 
idttoH  BHv  M  faali    aad  tW  H  k  lavfttl  far  oD  pan 


af  thaa ;  aad  vt f  AaO  ba    |ii    li     il  far  iha  mm^ 

ifcillli  niilir  llii  frnlirirnii  ml  iriiily  if  rirtliMwa 

Aad  v«  da  farthv  daalaia^  tkt  Ika  p^Uridif  af  Ha«tf 
arUatM  paipartii«a  farai  if  a  durfa  of  U||li  li  laiia  aplMt 
LMd  glMheHoa.  aaa  tf  Ifca  laiialiai  W  tfca  tarda'  Ha«% 
aad  apiiaat  Uo  Mid  Mr  HoUta.  Sir  Anbv  HiiImIh. 
Mr  P^.  Mr.  Haapba  aad  Mr.  Htrada^  hy  Hr  WDBaB  KilR> 
gtav,  »r  WilHaM  rU«i^  aad  alhan  af  Ifca  bM  af  Onrt, 
Md  AavWa  ia  tW  Ki^a  mbm.  vaa  a  M|^  krmth  af  Ik 


i64i~a]  The  Clerical  Disabilities  Act  241 

priyilege  of  Parliament,  a  great  scandal  to  His  Majesty  and 
his  government,  a  seditious  act  manife&tly  tending  to  the  sub- 
version of  the  peace  of  the  kingdom,  and  an  injury  and  dis- 
honour to  the  said  members,  there  being  no  legal  charge  or 
accusation  against  them. 

That  the  privileges  of  Parliament  and  the  liberties  of  the 
subjects  so  violated  and  broken,  cannot  be  fully  and  suffi- 
ciently vindicated  unless  His  Majesty  will  be  graciously  pleased 
to  discover  the  names  of  those  persons  who  advised  His 
Majesty  to  issue  out  warrants  for  the  sealing  of  the  chambers 
and  studies  of  the  said  members,  to  send  a  serjeant-at-arms  to 
demand  the  said  members,  to  issue  out  several  warrants  under 
His  Majesty's  own  hand  to  apprehend  the  said  members,  His 
Majesty's  coming  thither  in  his  own  royal  person,  the  pub- 
lishing of  the  said  articles  and  printed  paper,  in  the  form  of 
a  Proclamation,  against  the  said  members  in  such  manner  as 
is  before  declared,  to  the  end  that  such  persons  may  receive 
condign  punishment. 

And  this  House  doth  further  declare,  that  all  such  persons 
as  have  given  any  counsel,  or  endeavoured  to  set  or  maintain 
division  or  dislike  between  the  King  and  Parliament,  or  have 
listed  their  names  or  otherwise  entered  into  any  combination 
or  agreement  to  the  aiding  or  assisting  to  any  such  counsel  or 
endeavour,  or  have  persuaded  any  other  so  to  do,  or  that  shall 
do  any  the  things  above  mentioned ;  and  that  shall  not  forth- 
with discover  the  same  to  either  House  of  Parliament,  or  the 
Speaker  of  either  of  the  said  Houses  respectively,  and  disclaim 
it,  are  declared  public  enemies  of  the  State  and  peace  of  this 
kingdom,  and  shall  be  enquired  of  and  proceeded  against  ac- 
cordingly. 

48.  Thx  Clerical  Disabilitieb  Act. 

[February  13, 164}.     17  Car.  I,  oap.  17.    SUtuies  of  the  Realm,  ▼.  138. 

See  UxH,  of  Engl,  z.  165.] 

An  Act  for  dtsendbltng  all  jpersons  in  Holy  Orders  to 
exercise  any  temporal  jurisdiotion  or  atUhority, 

I.  Whereas   Bishops    and  other  persons    in    Holy   Orders 
ought  not  to  be  entangled  with  secular  jurisdiction,  the  office 


(l«M-« 


»r  (b*  I 

teka  ni>  Um  wkala  MM ;  wd  lar  lUt  it  M  feul  hf  1 
•xpMwiK*  tlMt  tWr  uttcrwddUaf  with  mmW  >viidialkM 
Ulk  iiriiiiwirt  (Ml  MiMUdb  Md  mmhU  bstli  to  Ckw^ 
■sa  SMa;  Bn  kUJwtr,  «el  «f  Ua  wligiwi  «w«  if  lU 
Cbartb.  utd  nvk  of  Ui  |iwyh,  b  grMJawly  |4«Hid  tkat  it 
ht  «ueua.  Md  Iv  MUMrit7  sT  thM  invM  PiiiiMiil  b»  it 


mamitm  IwrMffar  iJmU  Ii>  ia  U«ly  Ot^m.  dUQ  at  a^  liaa 
aJlar  iha  igtk  dajr  af  r«b««HT.  is  Iba  Yaw  oT  On  Lari  «m 
UmuMi  lii  hwdraa  lwtr«M\  han  saj  Mi  «  ylaa^ 
Mflrag*.  or  niat,  ar  oaac  «a  iiiaili  aay  pMrar  ar  aalkHi^ 
in  I)m  fWiuMota  af  tlda  imli^  mot  JmII  W  of  tka  frivy 

OouaU  «f  Hb  M^M7.  kb  Mn  ar  i ar  Jvtiaa  af 

tLa  haM  of  ofKr  a4Ml  Unmimw  or  fMl  AaUrary.  ar  iia—la  waf 
Umfonl  anUHiritjr  bj  virtoa  of  aay  n  ■■■!■»■.  bsl  ahall  W 
«4nU7  (Uaabiad  awl  U  iMffftUa  la  hava^  nHiva.  aa  or  b». 


1.  Aad  bi  H  flu^Mr  aaaalaJ  by  Ite  aatbH^j  ifcrniH.  «■* 
aU  Mta  frw  aad  aftar  lb*  ^4  i  stli  ^j  af  raWaary.  arhbh 
■liall  ba  dan*  or  aaavatad  bj  —j  AnbUabop  or  Piibupt  ar 
atlMr  fttma  wfaalaoanr  ia  B11I7  Owkn.  aad  all  aad  avarj 
aaffwfa  m-  *«ba  ftvaa  or  daiifwad  bgr  tbaa  or  aay  «<  Ibaah 
ar  otbcr  U^i*  doM  by  Ibaa  ar  aaj  af  Ibas  aaatiary  to  Ite 

lad  toaa  ■iiMag  rf  tbb  fiwrnA  Art,  ifcaM  ba  atlai^f 

il  btMMi^  MoalnnliiiMa  aad  pirpoan. 


41.  Tbk  InymBaaMBvr  Act. 
Ja  dd /W IJU  bur  raMWf  aad  iNfuy  ^  «Uin>r  aU  p 


latolf  rabad  aad  itirrod  ap  hi  Hb  U^^y'*  Uagdaa  rf  ba- 
lari  br  Ihi  «Uad  plati  and  wiyinMbi  tt  di<an  rf  Oh 


i64i-a]  The  Impressment  Act  ^43 

Majesty's  subjecis  there  (being  traitorously  affected),  to  the 
great  endangering  not  only  of  the  said  kingdom,  bat  also  of 
this  kingdom  of  England,  unless  a  speedy  course  be  taken  for 
the  preventing  thereof,  and  for  the  raising  and  pressing  of  men 
for  those  services :  and  whereas  by  the  laws  of  this  realm  none 
of  His  Hajeety's  subjects  ought  to  be  impressed  or  compelled  to 
go  out  of  his  county  to  serve  as  a  soldier  in  the  wars,  except  in 
case  of  necessity  of  the  sudden  coming  in  of  strange  enemies 
into  the  kingdom,  or  except  they  be  otherwise  bound  by  tenure 
of  their  lands  or  possessions ;  therefore  in  respect  of  the  great 
and  urgent  necessity  of  providing  a  present  supply  of  men  for 
the  preventing  of  these  great  and  imminent  dangers,  and  for 
the  speedy  suppressing  of  the  said  heinous  and  dangerous  rebel- 
lions, be  it  enacted  by  authority  of  this  present  Parliament,  that 
the  Justices  of  the  Peace  of  every  county  and  riding  within 
this  realm,  or  any  three  or  more  of  them,  as  ahso  the  Mayor 
or  other  head  officer  or  officers  of  every  city  or  town  corporate 
within  this  realm  having  Justices  of  the  Peace,  together  with 
any  two  or  more  Justices  of  the  Peace  of  the  same  city  or 
town  corporate  respectively,  or  in  default  of  such  Justices, 
then  with  two  or  more  Justices  of  the  Peace  of  the  county 
wherein  the  said  city  or  town  is,  shall  and  may  at  any  time 
or  times  between  the  ist  of  December  one  thousand  six  hun- 
dred forty  and  one  and  the  ist  of  November,  which  shall 
be  in  the  year  of  Our  Lord  God  one  thousand  six  hundred 
forty-two,  within  their  several  Limits  and  jurisdictions  raise, 
levy  and  impress  so  many  men  for  soldiers,  gunners  and 
chirurgeons,  as  shall  be  appointed  by  order  of  the  King^s 
Majesty,  his  heirs  or  successors,  and  both  Houses  of  Parliament, 
for  the  said  services,  and  to  command  all  and  every  the  high 
constables,  other  constables,  and  inferior  officers  of  and  within 
every  such  county,  riding,  city  or  town  corporate,  or  the 
liberties  thereof  respectively,  by  warrant  under  the  hands  and 
seals  of  such  Justices  of  the  Peace,  Mayor,  or  other  head 
officer  or  officers,  as  are  authorised  by  this  Act  as  aforesaidi 
to  bring  before  them  any  such  person  or  persons  as  shall  be 
fit  and  necessary  for  the  said  services,  which  said  persons  so 
to  be  impressed  as  aforesaid,  and  every  of  them  shall  have 
such  imprest  money,  and  such  allovrance  for  coat  and  conduct 

B  2 


Coiatituhtmmi  Docummih 


1 


MUrUiMMAt  tnm  tU  liaa  of  tWr  SnI  Mlwiag  iiite  f^ 


■miry  oIhutim  aU  alfewMNM  akdl  W  ■ 
mU  pnM:  tW  Mid  smmj  ttad  athv  dwrfa  aaJ  kUawaaM 
U  Iw  iwd  I7  Mtth  pMMM  ud  ia  Mdk  Munar  «  bj  aHw 
«fBialUHrU*  Mna>dMooMnn^aB««fbalhUoM««« 
Bu-I  !■■»!,  •ball  b«  »yfoiaUd ;  lod  if  aav  panoa  w  pM»«a 
■ball  wiUaDjr  nfoM  to  W  tiaiwiaMi  for  tba  auil  wrrlai.  tbal 
Umr  it  iliaU  and  awy  ha  kwM  to  and  far  tha  «h4  finiM  m 
■  Hill  irii-  lilt  nf  rriiilinhii  aiU  jriM  la  iniaiil  raib  AmIm 
to  priMB,  tbara  to  ra^ua  villMat  bail  or  naiqpnaa  by  Ika 
•paaa  of  aii  MMrtk,  aad  aatil  ba  Aall  pay  tha  mm  if  Xi« 
to  Iba  1^!««Bnn  far  Um  aataiil  arfdian  af  Iba  mmt  aawtr- 
■Hjr  «r  tova  antpafto.  wtwra  aajr  aaab  Tnaanma  an  to  ba 

wmfimjmi  km  wbA  towanb  tba  iWiaf  asl  wiiit rf  <■* 

nUiwi.  gvBMn  and  thinuiaaM.  aa  iban  bafpM  to  ba  aaiMd 
ia  Iba  atid  ^i— 1  or  if  aaM  aaab  riHO  haffaa  to  b«  lfa« 
far  Iba  raltaf  of  otbar  tba  MiMd  MMim  of  tt»  mM  ««i4. 
eit;  ar  tova  aoqncato  laifartigdy ;  aaJ  ia  Jihah  of  fKgmmA 
af  Iba  aid  MB,  Ibm  tba  Mid  pataaa  n«iitiai  to  lawia  ia 
priaau  by  tb«  afaea  of  oaa  mimM  jmr  mm  aad  abviw  tba  aaU 
iii  awatlia,  wilboat  lauJ  ar  — iiipriaa 

U.  PravU*!  aJvara  tbat  tbii  Aol  AaU  ant  oto^  to  tba 
fmniag  af  aaj  wkK^jmam,  or  aaj  labahra  ar  alaibato  ar 
pcivil«aad  pafaoM  of  aitbar  af  tba  I'aivtnatka.  laaa  rfOMrt 
«r  fTbaacarr.  or  aay  of  tba  lnis>d  kaada  af  tbk  raala,  ar  to 
tba  praMRf  of  aay  otbar  panaa  «ba  vaa  latad  towanh  tba 
laywat  af  tba  kai  aabaUlai.  or  tbat  ^i\  W  ntod  or  tatod 
tawanb  tba  fvyaMat  af  aaj  almUM  barMflar  to  ba  giaatod 
brforatbatiao  of  «tob  isfnaaiac.  ar  to  tba  Mt*mm^mj 
panaa  wha  ia  «r  ibatt  ba  batan  tba  tuaa  of  «Hb  bafwiH 
mad  la  tba  nbatdl-bnk  al  Xj  kada  or  !«  ^a^  ar  to  ^p 
pMBM  id  tba  nab  «r  digm  ^  an  aaqain  ar  ayardi^  «r  to 
Iba  ana  af  aagr  aacfc  panaa  of  ibe  mmI  nak  ar  dagmk  ar  ol 
Iba  sUav  wl  a^p  mA  paraw,  ar  to  aay  paeaaa  aadw  Iba  ^a 
■f  aigMaaa  or  abna  iIm  ^a  of  tknaaci—  jaan,  ar  to  a^r 


al  agbliin 

K  aahiian.  « 


UI    PivfitU  abK  aad  to  h  I 


i64i-a]  The  Militia  Ordinance  245 

other  reward  shall  be  taken,  or  other  comipt  practice  used 
in  or  for  the  pressing,  changing  or  releasing  of  any  person 
impressed,  or  to  be  impressed  by  force  of  this  Act,  by  any 
person  hereby  authorised  in  that  behalf  or  their  agents,  under 
pain  of  forfeiture  of  £20  by  every  person  so  offending  for 
every  such  ofifence,  to  be  paid  and  employed  to  the  Treasurers 
of  the  maimed  soldiers  in  manner  aud  to  the  uses  aforesaid. 

IV.  Provided  also,  and  be  it  enacted,  that  this  present  Act 
shall  not  extend  to  the  impressing  of  any  of  the  menial 
servants  of  the  members  or  assistants  or  officers  of  the  Lords* 
House  of  Parliament,  or  to  the  menial  servants  of  the  members 
or  officers  of  the  House  of  Commons,  or  of  any  of  the  in- 
habitants of  the  I^le  of  Wight,  or  of  the  Isle  of  Anglesey,  or 
of  any  of  the  Cinque  Ports,  or  members  thereof. 


50.  The  Militia  Ordinance. 

[March  5,  164  j.     Journals  of  the  House  of  Lords,  iv.  587.     See  HUi. 

of  Engl.  X.  167,  171  *.] 

An  Ordinance  of  the  Lords  and  Commons  in  Parliament^  f<yr 
the  safety  and  defence  of  the  kingdom  of  England  and 
dominion  of  Wales, 

Whereas  there  hath  been  of  late  a  most  dangerous  and 
desperate  design  upon  the  House  of  Commons,  which  we  have 
just  cause  to  believe  to  be  an  effect  of  the  bloody  counsels  of 
Papists  and  other  ill-affected  persons,  who  have  already  raised 
a  rebellion  in  the  kingdom  of  Ireland  ;  and  by  reason  of 
many  discoveries  we  cannot  but  fear  they  will  proceed  not 
only  to  stir  up  the  like  Rebellion  and  insurrections  in  this 
kingdom  of  England,  but  also  to  back  them  with  forces  from 
abroad. 

For  the  safety  therefore  of  His  Majesty's  person,  the  Par- 
liament and  kingdom  in  this  time  of  imminent  danger  : 

'  A  very  similar  Ordinance  was  nent  up  to  the  Lords  on  Feb.  15  and 
accepted  by  them  on  the  i6th  (Journals  of  the  House  of  Lords,  iv.  587). 
It  was  sent  to  the  King,  and  hi.<i  answer  having  been  voted  to  be  a  denial, 
the  Lords  returned  the  Ordinance  to  the  Commons  in  a  slightly  altered 
furm.     It  was  finnlly  adopted  by  both  Houses  on  March  5. 


CtmshhihotMi  tiontnunts 


CM 


It  k  ordalMl  bj  ■  llw  I^anb  ud  Ciimbm  bm  ia  I 

of  tfca  Omay  of  IMu.  (Hmr  Eul  *rf  IlillinlMiti  cUll 
liMlwwit  «r  tb«  Onuty  of  BmHuH  *«. 

Asd  ik*Q  wvOTklljr  uii  mpMUnly  H-n  po«nr  to  mimAIb 
and  adl  Hgilhw^  all  aii4  mfahr  Bk  M^a^a  — t^ato, 
vUUd  tW  mM  M«nl  Mid  rwpiiUTi  MNnttiM  kmI  ^Um^m 
w»U  vHUb  UlMrllM  M  vHhMt.  tktf  an  mM  asd  It  far  tte 
«*ii^  and  tiMCa  totfsia  aadcanriaa  ■*<  |«l  ia  rai  liaiM.  aaj 


tnm  tJM  ta  tiM  to  tmmm  to  b*  anvH  u4  i 
to  tab*  tba  anator  of  iIms  to  plaMB  HMi  ■  tl  <or  UM  fwpaa : 
■ad  Um  aliii— ill  Hwtfr  X«ri  rf  HaUaarf.  Obmr  Bail  aT 
BaKnitooka.  *e.,  aball  arfanlly  aad  rwfaaliTCly  kaw  pa«w 
vHhia  tW  Wfaral  and  rM|MctlTa  maaiiai  a»d  pIaM>  afan  ■id, 
to  Bnaunato  aad  appatot  tMli  pHnaa  rf  ^mUIj  aa  to  Ihmm 
AaU  nm  nM«t  to  ba  tbiir  CWpaAjr  Mart— ati.  to  ba  ap- 
pwfid  «r  hr  faatk  Hawa  aT  FMiMMti: 

Aad  that  Mqr  oM  AT  son  «r  Iba  aaid  dijaliM  w  i  ilf  I 
aad  apynTad  of  to  Iba  abwM*  ar  by  tba  riwMd  af  «W 
Mid  Han7  bri  ol  BolUad.  OUnr  Eari  af  Wan^b  ifca.  te. 
■hall  ha**  pNTw  and  aallMn^  to  do  aad  awli  witUa  iba 


I 


aa  afanBid,  all  a««h  pawn  aad  aalhoriltoi  Mora  to  Ikir 
pwaal  QttfiMMa  iiililiil;  aad  Iba  afar«ld  Bwy  BaH 
oTBallnd,  OUmr  ■«)  af  EMmbrafca,  ftr^  AaQ  U«*  pavw 
ta  aaka  wiloaaK  aaflalaa  aad  atW  oAMra,  aad  to  n»OT« 
oat  of  tbair  yhaw.  aad  aMkr  allwn  froai  tiaa  to  tiaM.  m  Oay 
iUllfcbli  Itfcr  iMpaipoar:  aad  Iba  mM  Ewty  bri  aT 
Baikal,  Olhar  Earl  af  Miagbraba,  te.  Ih*  ^paty  ar 
dapatka  la  tbair  abaaaea  or  by  Ibair  iiBiil.  ^11  kva 
paw  to  l«d,  aMdoat  aad  aaq^  *^  F"""*  »k»«i* 
amijad  aad  waapaaid.  fcr  tba  wpftiiiaa  aT  aB  r*brllka^ 
d  lamtoM  tbat  aay  bapfwi  wflUa  Iba  amral 


I  Majatr.'  k  toi»  iMtoi  <■  ito 


by  Ito  KWk  Mmi  I 


164a]  Declaration  on  Church  Reform  247 

authority  to  lead,  conduct  and  employ  the  persons  aforesaid 
arrayed  and  weaponed,  as  well  within  their  said  several  and 
respective  counties  and  places,  as  within  any  other  part  of 
this  realm  of  England  or  dominion  of  Wales,  for  the  suppression 
of  all  rebellions,  insurrections  and  invasions  that  may  happen, 
according  as  they  from  time  to  time  shall  receive  directions 
from  *  the  Lords  and  Commons  assembled  in  Parliament. 

And  be  it  further  ordained,  that  Sir  John  Gayre,  Sir  Jacob 
Garret,  Knights,  Ac,  citizens  of  London,  or  any  six  or  more 
of  them,  shall  have  such  power  and  authority  within  the  City 
of  London  as  any  of  the  Lieutenants  before  named  are  author- 
ised to  have  by  this  Ordinance,  within  the  said  several  and 
respective  counties  (the  nomination  and  appointment  of  Deputy 
Lieutenants  only  excepted).  And  it  is  further  ordained,  that 
such  persons  as  shall  not  obey  in  any  of  the  premises,  shall 
answer  their  neglect  and  contempt  to  the  Lords  and  Commons 
in  a  Parliamentary  way,  and  not  otherwise  nor  elsewhere,  and 
that  every  the  powers  granted  as  aforesaid  shall  continue  until 
it  shall  be  otherwise  ordered  or  declared  by  both  Houses  of 
Parliament  and  no  longer. 


61.  The  Declaration  of  the  Houses  on  Ghubch 

Reform. 

[April  8,  164a.     Journals  of  the  House  of  Lords,  iv.  706.     See  Hiti. 

of  Engl.  X.  1 86.) 

The  Lords  and  Commons  so  declare,  that  they  intend  a 
due  and  necessary  reformation  of  the  government  and  liturgy 
of  the  Church,  and  to  take  away  nothing  in  the  one  or  the 
other  but  what  shall  be  evil  and  justly  offensive,  or  at  least) 
unnecessary  and  burdensome ;  and,  for  the  better  effecting 
thereof,  speedily  to  have  consultation  with  godly  and  learned 
divines ;  and  because  this  will  never  of  itself  attain  the  end 
sought  therein,  they  will  therefore  use  their  utmost  endeavour 
to  establish  learned  and  preaching  ministers,  with  a  good  and 
sufficient  maintenance,  throughout  the  whole  kingdom,  wherein 

*  '  by  His  Majesty's  authority,  sigfnified  unto  them  by  *  stands  in  the 
Ordinance  of  February  16  in  the  place  of  'firom.' 


j^S  Lotishtutioftiii    DtiftiWfuis  t64s 

iiiAiiv   lUrk   crTiirfk   tifr   tiii«-i  r.i(i!V    «i'-*f  !uN*   «•!   tli«*   n*#an*   of 

'»'!.     Tlir     KlM.'«     Tnin  I.AVA1I     N    (  ••!«Mll!CI3l(i.    Till 

Ml!  iTiA  OhM^A^rr 

^Ma«  j;.  )'>4i      Ji'im.\ii  i*f  th«  li<>-.»    of  L«<rU.  t    i;i.     '■W*  ttwi.  t.f 

/  ■  //   1    ."  J  i 

H^    tiir   Kinif. 

t*%  th^  trntitfti  Ktntis  or  milihn  ttf  thtt  litt*^i*nn  t'*  r^m  tm^rrK, 
muaUr  i-r  rr^rr'xu^^  htf   rirfuf  ftf  nny  1  tnf*r  tw  tH^Unnnrt  ti^ 
int*    or  f'flfh  a/tm^*  nf  /'<ir/i  rm^rif    trtf'.out  /vnia^ii.'   <«r  v«rr 
muf  fr  ««  If  10  .Ifttif^tu    "f  «»Fi  ^<lifi  f^  j'untaAm^Hi  ii/^'T /••*.; 

Wti«  riA».  )>v  the  -tAtutr  mA'!«*  in  the  »<-v>-iith  Tmr  uf  Kir.ir 
l-!dwarii  the  Fir-t  '.  thr  |*rfl.-itr«.  F^rU.  IWrnr.i  axuI  Cmbi- 
innnAlty  of  the  n'lilm  nffiniif*!  in  rArliainriit,  that  to  tbr 
Kin^  it  iM'liiTitfrth,  And  hi"  part  it  i«  Kr  hit  r>yAl  ■•iipiiufj 
»trAii;htly  to  •!<*frri1  wesiriT:;:  •  f  Arnnur  «ni!  aII  other  (f^r* 
Kiniinpt  th«*  ]wAi-r.  At  aII  ti'i,«  >  i«h«ii  it  ^KaII  pIrAfw  hira  and 
to  |>nni«h  thrni  whi.-h  «!n  tK«'  •'  -ntrAry  Arr<  nlini;  t'»  the  Uvf 
un«l  ti>.i:;i*«  of  th«*  ri.ilm  .  .inil  hereunto  aII  «ii}>jert«  are  hoaikd 
to  nil!  the  Killer  a«  th«*ir  ^ttrrrriffu  IhFiI.  At  aU  -rAA-in*  vh^n 
iH-etl  iih»Il  )i«*  .  aihI  « h*  rrA*  we  Mnt|<*ni*An<l  that.  r«|in«alj 
itintrAry  t^^  th**  •Ai*!  »*  itiit^  Aii't  •  fher  i;***  *1  Uva  i«f  this  nar 
kinpii'  ni  tii.'ler  mlour  ah^!  |  ret*  r.rr  i-f  ah  Orilinanrr  ttf  Par* 
liAmert.  with^  ut  < 'ir  loiaent.  or  Any  rcnimi«*i«>ti  «<r  VArrmct 
fn>m  II* ,  the  tniinfl  I^Andf  nn«l  m-.litiA  of  thtt  kiikirdom  haw 
Urn  '.  i*t!y.  nnil  :\Ti-  •xA*'w\»A  to  }^  |iiit  in  Arm*.  aimI  ilrAvs 
11.?-  ■  ■  ■•  J  .iiiit*  J!  I  w  ir!:Kf  mAniiir.  wh»Tr)ii  the  prarr  jirxfl 
'^\l^.r*  .f  .  ur  nuKw  t-  !•  i-r  mh\  W,  diwMirltevl ;  we  l«in|r 
i|r*iriMi»  hy  \\\  (TTA- I- ii«  .If  d  fAir  Ailn:nn:M  Ml*,  to  prrTrot 
thi*  *  ni«  *■  lii^'nuiit  |»rM.r>  in  thi«  ''iir  kintflom  do  noC  bj 
«!• /r- «  ■  9t*\::  r  •  ur  i;  •*!  -u  j'«r*  Ir-rv.  thrir  due  o^*<lieftre  t* 
r.«  .»:  :  ••  r  iw*  if  til!"  'ir  k:|j^'il  n\  'tilitiVly  endeaTt-artH^. 
hv    .t    jTi :  .  •  .'    li''.*".  •    If     i-r    •'f.fiJ*:-!!     *•■    hi»U    thetr    mi*- 


164a]  The  Nineteen  Propositions  249 

chieyous  designs  and  intentions  against  the  peace  of  this  our 
kingdom,  and  under  a  specious  pretence  of  putting  our 
trained  bands  into  a  posture,  draw  and  engage  our  good 
subjects  in  a  warlike  opposition  against  us,  as  our  town  of 
Hull  is  already  by  the  treason  of  Sir  John  Hotham,  who  at 
first  pretended  to  put  a  garrison  into  the  same  only  for 
security  and  service. 

We  do  therefore,  by  this  our  Proclamation,  expressly  charge 
and  command  all  our  sheriffs,  and  all  colonels,  lieutenant- 
colonels,  sergeant-majors,  captains,  officers  and  soldiers,  be- 
longing to  the  trained  bands  of  this  our  kingdom,  and  like- 
wise all  high  and  petty  constables,  and  other  our  officers  and 
subjects  whatsoever,  upon  their  allegiance,  and  as  they  tender 
the  peace  of  this  our  kingdom,  not  to  muster,  levy,  raise  or 
march,  or  to  summon  or  warn,  upon  any  warrant,  order  or 
ordinance  from  one  or  both  of  our  Houses  of  Parliament 
(whereunto  we  have  not,  or  shall  not,  give  our  express  con- 
sent), any  of  our  trained  bands  or  other  forces,  to  rise,  muster, 
march  or  exercise,  without  express  warrant  under  our  hand 
or  warrant  from  our  sheriff  of  the  county,  grounded  upon  a 
particular  writ  to  that  purpose  under  our  Qreat  Seal ;  and  in 
case  any  of  our  trained  bands  shall  rise  or  gather  together 
contrary  to  this  our  command,  we  shall  then  call  them  in  due 
time  to  a  strict  account,  and  proceed  legally  against  them,  as 
violators  of  the  laws  and  disturbers  of  the  peace  of  this  kingdom. 
Given  at  our  Court  at  York 

the  27th  day  of  May,  1642, 


53.  The  Nineteen  Pkopositions  sent  by  the  two  Houses 
OK  Pabliament  to  the  King  at  York. 

[June  I  S  1643.      Joumalfl  of  the  House  of  Lordi,  v.  97.    See  Hiti, 

of  Engl.  z.  196.] 

Your  Majesty's  most  humble  and  faithful  subjects,  the 
Lords  and  Commons  in  Parliament,  having  nothing  in  their 

*  Rashworth  (iv.  77a)  gives  the  date  of  June  a,  but  see  Lords*  Jonmals, 
T.  100.  In  my  History  I  bftve  followed  Busbworth^s  date.  The  propositions 
way  not  have  been  actually  despatched  till  that  day.  At  all  events  June  i 
is  the  date  of  their  final  acceptance  by  the  Houses. 


age  ComaHMiemal  Doammth 


1 


(nnt  ta  tbt  Imww  ttad  1— wlhli  mrwim  al  (M)  ll«a  iW 
>Ht  and  bilUU  pMfcnsaMi  «f  Uwir  Artf  to  }««r  M^^Ay 

h  sad  of  IW  ianiMMl  iamg&n  §ai 
ilMM  w4  dUMfi  M«  Uka  to 
totof  ttpw  jMr  M^Mtjr  lad  jmr  hIImM  ;   kll  vUA  kn 


ud  tvU  tmamk  of  mb  JlMftplrf  to  Oad'i  In*  nUfiM,  jmt 
H^mI/b  hoMoar  ud  nMy,  Md  tha  p«Uk  pMM  Md  pmv""^ 
if  yiar  papl*.  afUr  »  hHinm  ah—irtiuu  of  tk>  m«m  of 
Umw  Miwliti*^  do  in  all  haailitr  nd  wwearily  praaM  to 
jmr  Mi^artj  Uwir  MmI  datihl  pMitiaa  and  adncM.  IM  ■« 
of  jnwr  |«i«ealy  wiadcM  |gr  Uw  ■rtabljrfiit  jaar  owa  Ihmv 
aad  Miii7,  a»d  ywd—  towdwi  of  tW  walfan  and  Mnrflj 
of  rmr  anl^jMto  aad  doBiateM.  yaa  wUl  U  plaaMd  to  pwl  aad 


I 

L 


ifiiiliiil  BMi«  UwM^  (M-a  bl—ii»  af  ri^arin 


nu  AVfM* 

I.  nal  tW  Lonla  awl  oUxn  of  jmf  M^hIi'*  IVhr 
Camdl,  aad  mA  fnM  afcm  and  MioMton  if  Stato. 
aUw  «t  Ihnm  or  bqrud  Um  aaaa.  tmy  im  fM  tnm  yaw 
Prifjr  Cmmii,  aad  fcw  iIm*  oAom  and  iwflijwiato. 
•MftiiV  Mil  M  aha  ba  ^frmMl  af  fay  Mb  Bmm  «f 
hfliiMnt.-  aad  tiat  Ifaa  ftntm  pat  ratn  tfaa  ptoav  aad 
— plajMWIa  af  iboaa  Ifaal  an>  nawwrf  nay  h  afniiid  rf 
by  halli  Ilawa  «f  PwliaMM« ;  aad  tiMt  tba  ftny  Caaanlfaia 
^n  Uba  aa  oalb  W  tba  da*  omiaa  of  Oair  |dM^ 
b  nch  Ibm  H  dUU  ba  aflraad   ap<a   by  balk  Boaaai  «l 


t.  Thai  Ibt  (nal  aCiin  of  Um  liii«ilaai  avy  a«  ba  os- 

■M  ar  mi I  by  tW  adtiaa  of  prim*  aaa.  or  by 

y  aakaown  ar  aaawam  uaaatflliv  bat  that  aaab  aaltow 
aa   raaeata  tba  paUia.  aad  on  prapir  far  tW  Bigh  Ooart 


i64al  The  Nineteen  Propositions  251 

of  Parliament,  which  is  your  Majesty's  gi*eat  and  supreme 
council,  may  be  debated,  resolved  and  transacted  only  in 
Parliament,  and  not  elsewhere:  and  such  as  shall  presume 
to  do  anything  to  the  contrary  shall  be  reserved  to  the 
censure  and  judgment  of  Parliament :  and  such  other  matters 
of  state  as  are  proper  for  your  Majesty's  Privy  Council  shall 
be  debated  and  concluded  by  such  of  the  nobility  and  others 
as  shall  from  time  to  time  be  chosen  for  that  place,  by  ap- 
probation of  both  Houses  of  Parliament:  and  that  no  public 
act  oonceming  the  affairs  of  the  kingdom,  which  are  proper 
for  your  Privy  Council,  may  be  esteemed  of  any  validity, 
as  proceeding  from  the  royal  authority,  unless  it  be  done 
by  the  advice  and  consent  of  the  major  part  of  your  Council, 
attested  under  their  hands:  and  that  your  Council  may  be 
limited  to  a  certain  number,  not  exceeding  five  and  twenty, 
nor  under  fifteen :  and  if  any  councillor's  place  happen  to 
be  void  in  the  inter\'al  of  Parliament,  it  shall  not  be  supplied 
without  the  assent  of  the  major  part  of  the  Council,  which 
choice  shall  be  confirmed  at  the  next  sitting  of  Parliament, 
or  else  to  be  void. 

3.  That  the  Lord  High  Steward  of  England,  Lord  High 
Constable,  Lord  Chancellor,  or  Lord  Keeper  of  the  Qreat 
Seal,  Lord  Treasurer,  Lord  Privy  Seal,  Earl  Marshall,  Lord 
Admiral,  Warden  of  the  Cinque  Ports,  Chief  GJovemor  of 
Ireland,  Chancellor  of  the  Exchequer,  Master  of  the  Wards, 
Secretaries  of  State,  two  Chief  Justices  and  Chief  Baron,  may 
always  be  chosen  with  the  approbation  of  both  Houses  of  Par- 
liament ;  and  in  the  intervals  of  Parliament,  by  assent  of  the 
major  part  of  the  Council,  in  such  manner  as  is  before  expressed 
in  the  choice  of  councillors. 

4.  That  he,  or  they  unto  whom  the  government  and  edu- 
cation of  the  King's  children  shall  be  committed,  shall  be  ap- 
proved of  by  both  Houses  of  Parliament :  and  in  the  intervals 
of  Parliament,  by  the  assent  of  the  major  part  of  the  Council, 
in  such  manner  as  is  before  expressed  in  the  choice  of  coun- 
cilloi*8;  and  that  all  such  servants  as  are  now  about  them, 
against  whom  both  Houses  shall  have  any  just  exceptions,  shall 
be  removed. 

5.  That  no  marriage  shall  be  concluded  or  treated  for  any 


of  th«  Kwff**  aUMiMi.  viik  uj  IbrafB  priaM, 


,  wiik  uj  IbrafB  prmM,  m  waw  mtmm 


■unl,  BMlar  Um  |MMhr  of  t 

B—dBJi  or  tiwl  wt»mf  aorrtito  m  ■fcwJil;  mi4  Ikrt  i 

mM  pmaI^  thdl  Mt  W  raH«Nd  or  ifli|iinil  whli  b«i  by 


i.  TUlttolMnin  tunm  ^OmI  JmvU^  pnMla,  •»!  KfUk 
«euuiU.  bo  otrirtlr  p«  fa  onmUos.  wiiboM  aaj  tolowriM 
wiMfmtmtimm  to  iha  wliTj  j  aftd  ikat  ■■•  ww  ifcilool 
loam  MI7  U  tMoM,  bjr  wUkocHy  of  PariionMt,  to  lliHi 
feM  ftoa  Mkiiv  U17  dirtn*UM  !■  *U  Mato.  or  Jafcg  Iko 


).  TUl  tho  TCloo  of  tofiik  Iot4o  in  tW  Bowo  of  fmn  maf 

U  takn  owoj. M  la^  M  Umt MBlinikt  P^ibto:  uJUhotjvw 

.  Mi^Mj  wUl  MMiBt  to  omIi  0  BUI  M  iUIW  dnn  kr  tk 

■htotiiw  *f  lb  oUUfM  <rf  Pkfiita  by  ProtMUata  m  tko  Pro- 


S.  TUt  70W  HajMiT  «ai  Im  plaoiBd  to 
>  nfor— Utm  W  mmU  of  Ibo  Cbonfe  m 


tWf  lato^  to  l»««  fl 

win  ( 


■Q  oMw:    vbonla 


f  Wffl    Im   ploM 

,  to  kwo  far  Ifc*  bikiMg   mmf  of  iuwoalka 
■orf   nponthkn.  tad  of  phmlttMo.  •aA  ofotoil  mm*Ai 


^  not  raw  U^trrty  will  b*  j 


M^ri^  of  tlw  MObio,  nlil  tW  wm  ^atl  bo  hrilw  mMM 
b7»BUI;  oBd  tUl  rw  K4^  *Q1  m^  yowIWcbraltow 
Md  ri-liMliiiM  ofKlart  Ih.  (Minttoo  Bate  by  tbo  Uf4> 


IS.  Ttel  Mob  Mabon  of  cttbor  Howe 
bmt,  daitet  tbo  rroom  IWIumobI,  boon  pnt  e«t  of  ony  jtam 


IbiA  H—to  whow»f  W  or  ihiy  wo  ■oihonu 


x64a]  The  Nineteen  Propositions  253 

1 1 .  That  all  Privy  Couucillors  aud  Judges  may  take  an 
oath,  the  form  whereof  to  be  agreed  on  aud  settled  by  Act 
of  Parliament,  for  the  maintaining  of  the  Petition  of  Right 
and  of  certain  statutes  made  by  the  Parliament,  which  shall 
be  mentioned  by  both  Houses  of  Parliament:  and  that  an 
enquiry  of  all  the  breaches  and  yiolations  of  those  laws  may 
be  given  in  charge  by  the  Justices  of  the  King's  Bench 
every  Term,  and  by  the  Judges  of  Assize  in  their  circuits, 
and  Justices  of  the  Peace  at  the  sessions,  to  be  presented  and 
punished  according  to  law. 

12.  That  all  the  Judges,  and  all  the  officers  placed  by 
approbation  of  both  Houses  of  Parliament,  may  hold  their 
places  quam  diu  bene  se  gessertrU. 

13.  That  the  justice  of  Parliament  may  pass  upon  all 
delinquents,  whether  they  be  within  the  kingdom  or  fled  out 
of  it;  aud  that  all  persons  cited  by  either  House  of  Parlia- 
meut  may  appear  and  abide  the  censure  of  Parliament. 

14.  That  the  general  pardon  offered  by  your  Majesty  may 
be  granted,  with  such  exceptions  as  shall  be  advised  by  both 
Houses  of  Parliament. 

15.  Tliat  the  forts  and  castles  of  this  kingdom  may  be 
put  under  the  command  and  custody  of  such  persons  as  your 
Majesty  shall  appoint,  with  the  approbation  of  your  Parliament : 
and  in  the  intervals  of  Parliament,  with  approbation  of  the 
major  part  of  the  Council,  in  such  manner  as  is  before  expretsad 
in  the  choice  of  councillors. 

16.  That  the  extraordinary  guards  and  military  forces  now 
attending  your  Majesty,  may  be  removed  aud  discharged; 
and  that  for  the  future  you  will  raise  no  such  guards  or 
extraordinary  forces,  but  according  to  the  law,  in  case  of 
actual  rebellion  or  invasion. 

17.  That  your  Majesty  will  be  pleased  to  enter  into  a  more 
strict  alliance  with  the  States  of  the  United  Provinces,  and 
other  neighbouring  princes  and  states  of  the  Protestant  religion, 
for  the  defence  and  maintenance  thereof,  against  all  designs 
and  attempts  of  the  Pope  and  his  adherents  to  subvert  and 
suppress  it ;  whereby  your  Majesty  will  obtain  a  great  access 
of  strength  and  reputation,  and  your  subjects  be  much  en- 
couraged and  enabled,  in  a  Parliamentary  way,  for  your  aid 


•54 


CaHstituhoiiai  Dotumtmlt 


mJ  Mtlitirw.  ia  mAanm^  jmu  nyti  «M(ar  ftad  kv  | 
iMM  to  thoM  a%iiki«  «mI  dwMm  >hiek  WMff  uto  « 
sad  rcUmiv  Uw  Mbrr  PnitMtut  phMM  wU  Wtc 

iB  th«  MM  OMW. 

i8.  TiMt  7»v  Ha>M(r  vitl  b«  pkMad,  b^  Act  rf  IWIkwMl. 
lodMrlb*  Unl  KinbolhMMiitlwflnMMBbmartiM  Bsaw 
of  Obbwbbi,  m  (Mb  iMWiTT  Ifaftl  Man  ffWB— mIi  sajt  W 
•M««rf  frM  tki  MBwyiww  i/  dBt  ml  pibJmL 

19.  Tka*  yoar  Muf  *?  *i^  ^  fnwoMljr  plMMd  to  fwa 
a  BUI  for  nrtniMiv  p*«i  ■«!>  fciw»<lir.  tnm  liWh^  ot 

VMtiatI  in  IW<ii«t,  ulM  Umt  W  vkmHUtti  H  1  villt 

tlM  eoBMBt  of  lath  B*M«  ti  rarthiat 

AmI  Ibna  oar  IkaaiUt  Aimtm  bib«  giaalid  by  |aar 
lUiwtjr.  wa  •hall  lirtinrUli  apylr  oanalvw  to  ruahli  yaar 
p Filial  rvvMaa  to  wcfc  Mrt  m  aa;  ba  far  yaar  hm.  ml- 
vBBtaf*;  ani  UkaviM  to  MtUt  ncfc  aa  oriiMtry  aad  aaartHt 
laiiiMi  aT  it,  aa  dwO  ha  Mbiaat  to  nppart  jaar  1^ 
digaitj  (a  boaaar  aad  pbaty,  bayoad  Iha  pnfotttoa  a(  tag 
fcfMT  liaato  of  tU  aal^Mto  aT  tUa  U^JM  to  Twr  Mfl^M^ 
fapl  nfiiiiiiiin.  W«  aktll  lihawW  pal  tiw  towa  if  Bd 
tato  Ncd  haada    at   foar  M^Mlir  *aU  a|>ptel.  «kb  Iha 


Jaal  aaoaaat  of  all  tba 

•UarBoal  of  aar  pawar  aad  mimttmun  ta  iho  iwl  opnari 

aad  rM^nmao  of  aar  aaal  dalUU  aad  kpd    ■  Ifin 

tha  prwarTJaf  aad  taaialalaiaf  Uw  ivTal  b« 

a«d  miAy  fi  yaar  M^ily  oal  yaa*  ^^mAj. 


I 

^H  M.    Dmi,*aAt»oa  oa  tbs  Honaa  b  Danaoa  or 

^H  Utuxu  OaaoiAaea. 

L 


J 


W  ika  DaMi  if  LH4i, «.  1 1 1, 
i  OMlmnUim  if  tU  Ur4t  mid  Cvmmmw  *»  Pviitmtmi  M«- 

fllirlijiliii  lotkUiliat  ill  Hb  M^r'i  nVnU  bila«i« 


f64s]  Defence  of  the  Militia  Ordifiance  255 

to  the  trained  bands  or  militia  of  this  kingdom,  to  rise, 
march,  muster  or  exercise,  by  virtue  of  any  Order  or  Ordinance 
of  one  or  both  Houses  of  Parliament,  without  consent  or 
warrant  from  His  Majesty,  upon  pain  of  punishment  according 
to  the  laws : 

Do  thereupon  declare,  that  neither  the  statute  of  the 
seventh  of  Edward  the  First,  therein  vouched,  nor  any  other 
law  of  this  kingdom,  doth  restrain  or  make  void  the  Ordinance 
agreed  upon  by  both  Houses  of  Parliament,  for  the  ordering 
and  disposing  the  militia  of  the  kingdom  in  this  time  of  extreme 
and  imminent  danger,  nor  expose  His  Majesty's  subjects  to  any 
punishment  for  obeying  the  same,  notwithstanding  that  His 
Majesty  hath  refused  to  give  his  consent  to  that  Ordinance, 
but  ought  to  be  obeyed  by  the  fundamental  laws  of  this  kingdom. 

The  declaration  of  7  Edward  I,  quoted  in  His  Migest/s 
Proclamation,  runneth  thus: 

The  King  to  the  Justices  of  his  Bench  sendeth  greeting: 
Whereas  of  late,  before  certain  persons  deputed  to  treat  upon 
sundry  debates  had  between  us  and  certain  great  men  of  our 
realm,  amongst  other  things  it  was  accorded,  that  in  our 
next  Parliament,  after  provision  shall  be  made  by  us,  and 
the  common  assent  of  Prelates,  Earls  and  Barons,  ^at  in  all 
Parliaments,  treaties  and  other  assemblies,  which  should  be 
made  in  the  realm  of  England  for  ever,  that  every  man  shall 
come,  without  all  force  and  armour,  well  and  peaceably,  to 
the  honour  of  us  and  our  realm;  and  now,  in  our  next  Par- 
liament at  Westminster,  after  the  said  treaties,  the  Prelates, 
Earls,  Barons  and  the  Commonalty  of  our  realm,  there  as- 
sembled to  take  advice  of  this  business,  have  said,  that  to 
U8  belongeth,  and  our  part  is,  through  our  royal  seigniory, 
straightly  to  defend  force  of  armour,  and  all  other  force 
against  our  peace  at  all  times  when  it  shall  please  ns,  and  to 
punish  them  which  shall  do  contrary  according  to  our  laws 
and  usages  of  our  realm. 

And  hereunto  they  are  bound  to  aid  us,  as  their  sovereign 
lord,  at  all  reasons  when  need  shall  be  ;  we  command  you, 
that  you  cause  these  things  to  be  i*ead  before  you  in  the  said 
Bench  and  there  to  be  enrolled. 

Given  at  Westminster  the  30th  day  of  October. 


as6  CoHs/iMiotuU  DoaumiUi 

TU  ooBMioM  irf  tU»  UtcUnrfioa  wm  Ibr  tha 
mnatA  «M  (wvm  oamiu^   t»  Um   PmUmmbC 
pMM  of  it,  aad  b  my  iapropariy  aUafad  iw 

litb  of  th*  riatnt*  btbft  Uiw, '  T»  ■: 


ia  mt  wbalW  it  brlwK  to  tb«  Ktof  or  m 
fana.  bat.  if  tk*  King  lUI  n/nv  to  diMluuf*  ifari  4mr 
ftBd  triMt,  whrtbvr  iW*  is  iMt  ■  pn«ar  in  Uw  tn  BiaiM 
to  ftvnAi  tat  tW  hMj  of  tk*  IMiuaMt  nd  pMM  «r  Ik* 

b^diw.  vUtk ii tba Mi fcr «UA  iw CMiMM    -    -■-_ 

lb«  wOhift  WH  Mwb,  Md.  W^  lywahU  to  Ik  mtf*  aaA 
porpMi  rf  tb«  bw.  aoaot  b  ■««■  W  >4iaifid  to  W 
raamiT  to  it ;  f«r.  aJtiMacb  Um  k«  4o  aarB  il  to  ba  w  tk 
Kui(.  y«t  it  aoUi  ant  udada  tkw  ia  «toMi  ikf  lav  kik 
plwMl  a  pawar  for  Uiat  \miryam.  aa  in  tka  nart*  of  Jailiii, 


a«l  aa  tkair  pa««t  ia  rfarind  (nm  tka  Ktog  by  U»  yalM*. 
jral  aaoMA  it  U  natniawl  bjr  Hia  lUjartj'a  laaiwait  by 
tiU  OfMt  8«al  or  atkcnva;  mmA  laai  mn  tka  fimm  al 
PaiUaMaat  ba  ooMlaial  bf  Hit  X^Mly'a  ■■■mbI,  Iiihii 
tha  aatbnritr  lb«iMf  b  of  a  higbw  aad  man  —iaMt  ■•■«• 
tlwi  Mjr  «f  IhaM  aowto. 

U  b  aahaMbdfid  tkl  Iba  U^  b  tfai  toaatoto  af  jiiliii 
•■A  ftotoatiau,  fa«t  iIm  Mto  of  Jaatiaa  wad  polaetiM  an  Ml 
ifgliii  ia  bb  awa  p«M«,  aor  *ifw4  apoa  kb  |iliMWi>  bal 
br  kb  Maria  and  ky  kb  auMtaa,  wka  hM  da  tMr  4a^ 
llMnia,  tkoi«k  Um  Kii«  ia  kb  «»n  pmaa  abaaU  tebU  Am  : 
and  Ikvdbnk  If  jaJfwIi  UwaM  ba  ^«aa  by  IkM  ^riart 
Ika  Ki^a  aU  aad  |iiniiail  ifiMMii*.  yM  ai*  tkaf  Um  Ki^a 


Um  Blik  Ooatt  af  Pulbnanl  b  nai  oaiy  a  «Dart  af 
JdUaalata.  waUad  kf  tka  baa  to  ■ 
rifkb  aad  Ubartiw  af  iW  blivdaai,  i 
(raau  of  Hb  M^Mly  aa  an 
■tiii^thMid  baUi  ky  Ui  parUwl  laMaMwl  aad  bjr  kb  PM> 
ifcMl^  aMbr  tW  OtmI  8m1:  bat  it  b  MUmim  a  ii  mn. 
to  paiidt  fcr  tka  Baa^itiw,  pnvvat  tka  iMMMial  4aa^n, 
aad  fnmn%  tkt  paUia  paaaa  Md  nMy  af  Ika  btagiba.  aad 


164a]  Defence  of  the  Militia  Ordinance  257 

to  declare  the  King's  pleasure  in  those  things  as  are  requisite 
thereimto;  and  what  they  do  herein  hath  the  stamp  of  the 
royal  authority,  although  His  Majesty,  seduced  by  evil  counsel, 
do  in  his  own  person  oppose  or  interrupt  tht)  same ;  for  the 
King's  supreme  and  royal  pleasure  is  exercised  and  declared 
in  this  High  Court  of  law  and  council,  after  a  more  eminent 
and  obligatory  manner  than  it  can  be  by  personal  act  or  resolu- 
tion of  his  own. 

Seeing  therefore  the  Lords  and  Commons,  which  are  His 
Majesty's  great  and  high  council,  have  ordained,  that  for  the 
present  and  necessary  defence  of  the  realm,  the  trained  bands 
and  militia  of  this  kingdom  should  be  ordered  according  to 
that  Ordinance,  and  that  the  town  of  Hull  should  be  committed 
to  the  custody  of  Sir  John  Hotham,  to  be  preserved  from  the 
attempts  of  Papists  and  other  malignant  persons,  who  thereby 
might  put  the  kingdom  into  a  combustion,  which  is  so  far  from 
being  a  force  against  the  King's  peace  that  it  is  necessary 
for  the  keeping  and  securing  thereof,  and  for  that  end  alone 
is  intended ;  and  all  His  Majesty's  loving  subjects,  as  well  by 
that  law  as  by  other  laws,  are  bound  to  be  obedient  there- 
unto ;  and  what  they  do  therein  is  (according  to  that  law) 
to  be  interpreted  to  be  done  in  aid  of  the  King,  in  discharge 
of  that  trust  which  he  is  tied  to  perform;  and  it  is  so  &r 
from  being  liable  to  punishment,  that,  if  they  should  refuse 
to  do  it,  or  be  persuaded  by  any  commission  or  command  of 
His  Majesty  to  do  the  contrary,  they  might  justly  be  punished 
for  the  same,  according  to  the  laws  and  usages  of  the  realm ; 
for  the  King,  by  his  sovereignty,  is  not  enabled  to  destroy  his 
people,  but  to  protect  and  defend  them ;  and  the  High  Court 
of  Parliament,  and  all  other  His  Majesty's  officers  and  ministers, 
ought  to  be  subservient  to  that  power  and  authority  which  the 
law  hath  placed  in  His  Majesty  to  that  purpose,  though  he 
himself,  in  his  own  person,  should  neglect  the  same. 

Wherefore  the  Lords  and  Commons  do  declare  the  said 
Proclamation  to  be  void  in  law,  and  of  none  effect ;  for  that, 
by  the  constitution  and  policy  of  this  kingdom,  the  Kong  by 
his  Proclamation  cannot  declare  the  law  contrary  to  the  judg- 
ment and  resolution  of  any  of  the  inferior  courts  of  justice, 
much  less  against  the  High  Court  of  Parliament;    for  if  it 

8 


2^K 


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!««• 


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%rli!i  h    Mil  i'.f    tun.   t<    fK<    «i|l>%    rTit..*   •>!    *Ki*    i.kii    •(   tb«>    Ur-I. 

Aim!  t'.«-  1/i<;4  Atnl  < ''itiiM.-i.*  •!■>  r«*j'iirt'  tuA  ri  m'^AH'l  all 
i'tii*t.i}.I.*.  ti-tfv  !•■  Tj«t.k'  !i'4.  fiiiil  Aii  "tr.«r  III*  N!a»««t\  •  'r»r« 
Mil  •.ilj*ii«  wh.1**- Vi-r.  t.i  fni-*' r.  Irty.  rai'*-.  mArrh  %rA 
fH-ni-r.  ..r  t"  «tinirii  II  i-r  W!*rii  »•  y,  iij»  u  it.irrAn!*  fp  r:  •?,# 
I.if.itfi..i!<Y«  I'«jMi»y  !.«• 'i**-!  ir.l-  <\j*ait:".  nr  i'tht  r  *'*}..  rr« 
nf  til*-  tiuM.t-1  Lit.!'.  HI.-!  ai!  i»'i-»  nri-i-r-Lrij  '••  tli#»  aai  i 
ni.!|i.ir>«<  if  U>*ii  ll-iio**.  iii.<l  «K.»!I  !.<•*  |-rr»iini«*  !•!  matter. 
Ir\  \ .  ii%iki  ti.  if- ti  •■r  •  i<  ri  i«r.  }-v  \ir*Ufl*  •(  hi\\  (•nmx««^-ri 
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Kf  'I'lr  {Mil!*,  iii.'l  It.  tl.rir  •>•  •!•  i;..'  \\,*\  •{  •  !urlbrr  *ifr\^x^ 
lli!\t  tl..  I  'i..i!I  }■•  jif  ?rrr. il  )y  thf  |-'W#ir  Aiui  A..thoii:«  if 
)••  t!i  it'll}"!  "it  I'ltr li  ifiif  i.f  .  Ai.il  ti.it  i«h.«*«>^rpr  ■iiAil  «■!•{"•' 
ijk.  .tinii  iir  lilt  <!i'i  \\.' '.\i  \u  tl.r  i'\pi-rif  i<>ii  ff  *h'-  Mkitl  ( iriiiriAFfOp. 
»h.i!!  \-  \  rKTrnifil  R/«m.-»  n*  v;  I*'-  r»  I'f  t).f»  I»wi  An-i  iiittur*«r« 
•  if  !l.f  |ii-n.  f  "t*  fl,r  hi;  /  '■  :•! 


'I'll'      K'V'i-    I.»T'»'      -»NT     WT"     T»'l     ' '-'WM^Iiiir^    i-r 
\»  !.  ^^      I"     I.I.I-  >  -  I  »  K-"Ihl 

■     I  •  -'-ji        1:  .•:•    f  '      I .     '17        >••  //iff       '/•«•      I     I    J 

ri  »  I..  I: 

l;i.'?i»  'r-.-^y  .\'.A  Tik.'!  •  wr  !  1-^;.  \t^\  .  ..-i*.!!-.  «i.  i  riffht  trusty 
.11.!  \%r.!  l-rl..%-ri.  ur  ^T-r*  y;i  wrl!  WLrfA*  it  (lAth  U  •  n 
i!«i!ii.!  '•  \  •!.•■  V  'r*  .1  j-.»'i  H.u«««  ■■I  TftriiJiMiri.;  lh«  i  Mh 
.!.4>    -7   \!ir   ^   !  t««    r- A*    t    ^   ki:.k''l--'M      a*:.   ••*    ..%S-    aul   atii'    it 

l:      .       .  \      !r'.'    .1:     !     ;       ;■      I  ••I.»     iiil  !.»'■•        *-♦?.     fr    »ll     rli<PRl   •  •     A^  r  ««i 

x\  ]."'.  .l".  !.*rr.'.«!  j«»?\  ^*  J  Tl.r  that  trrr-  i«  Aii 
I.-/'  •  ^■  ;:t\  V^  !•  i.it*  :*\  .?  1  •:'?.!..•  .•■.jf  iu )■■**-••  i:.«.i 
.1  !  •  • .-  f  ir'r:  .  ••  •  »^  r:  !■  •^'.  i;-:ir  '■  'li  •■?  ■■11?  |"  r»«  ii  at! 
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'\\.         :.'.•.....!    f    r:r     j-'-':    :•    t.     Ti.\'     |';rj-  •^        Ah!     «hrfr«t 
.1     .  •     i  ■.  •'     *•         f     '-•'.     I!        •.  -     I  »"rr     1*      \  A-\     J*»^fi     rr"*v?r.l 

m 

'\    •:..     1/  •  :-    i:.    %   f  .".1    M    •:*•.    ai.  :    ».!''n»    ■■  ir    r«^-. aI    A^wrt^ 
r    f;.i    I  {  i'.i   li    I  I    tti-    Ju!^'r«    •  «>i.>*r;Mti|r    fl*'    U^alitt      -f    it) 


i64fll   The  Kiug's  Letter  on  Commissions  of  Array  259 

have  attempted  by  way  of  Ordinance,  to  put  in  execution  the 
militia  of  the  kingdom,  and  to  dispossess  many  of  our  ancient 
nobility  of  the  command  and  trust  reposed  in  them  by  us,  and 
have  nominated  divers  others  who  have  no  interest,  nor  live 
near  to  some  of  the  counties  to  which  they  are  nominated  for 
the  Lieutenancy,  whereby  they  cannot  be  properly  serviceable 
to  the  counties  wherewith  they  are  entrusted,  nor  our  people 
receive  that  content  and  security  which  wo  desire  they  should. 
To  submit  to  the  execution  of  which  power  by  the  way  of 
Ordinance,  without  it  were  reduced  into  a  law  by  Act  of  Par- 
liament established  by  our  royal  assent,  were  to  reduce  and 
expose  our  subjects  to  a  mere  arbitrary  government,  which  by 
Qod's  grace  we  shall  never  permit. 

We,  therefore,  considering  that  by  the  laws  of  the  realm  it 
belongeth  to  us  to  order  and  govern  the  militia  of  the  kingdom, 
have  thereupon  by  our  Proclamation  of  the  27th  of  May  last, 
prohibited  all  manner  of  persons  whatsoever  upon  their  allegiance 
to  muster,  levy  or  summon  upon  any  warrant,  order  or  ordinance 
from  one  or  both  Houses  of  Parliament,  whereunto  we  have 
not,  or  shall  not  give  our  express  consent  to  any  of  the  trained 
bands,  or  other  officers  without  express  warrant  under  oar 
hands,  or  warrant  from  our  Sheriff  of  the  county,  grounded 
upon  a  particular  writ  to  that  purpose  under  our  Great  Seal ; 
and  considering  that  in  ancient  time  the  militia  of  the  kingdom 
was  ever  disposed  of  by  the  Commissions  of  Array,  and  that 
by  a  particular  statute  upon  record  in  the  Tower,  made  in 
the  fifth  year  of  Henry  the  Fourth  ^  by  full  consent  of  the 
Prelates,  Earls,  Barons  and  Commons,  and  at  their  suit,  and 
by  the  advice  and  opinion  of  the  Judges  then  had,  such  Com- 
missions were  mitigated  in  respect  of  some  clauses  perilous 
to  the  Commissioners,  and  approved  of  for  the  time  to  come. 
And  by  the  subsequent  records  it  appeareth  that  all  our  royal 
predecessors  have  continually  exercised  that  power  by  such 
Commissions,  till  of  late  time  they  have  been  discontinued 
by  the  grants  of  particular  Commissions  of  Lieutenancy,  little 
differing  in  substance  from  the  said  Commissions  of  Array, 
against  which  the  Houses  it  seems  have  taken  some  exception ; 

*  RoUs  of  PArimment,  iii.  526. 


Cmuhtwiiontil   Daruminh 


['< 


iMT  «mm1  bdng  »«TW  hiarf  b  Uw  tUhsM  tkaraaC  y«l  Uisff 
wUUm  ta  wM  ftO  vtMpUiMM  n  prawt.  w  Ur*  thw^.  it 
tB  nfvr  H  to  tki*  sMlMt  b«U  vi^  af  dkv<na  Um  pM« 
ortWnllltk  brCMmWoMor  Arr»x«)r<Mba»ar  W.OV 
kiifilHi  ud  Mtr  wwtf ;  aatWiainf  yvo,  vr  aif  tkm  av 
■on  of  JIM,  to  krnijr  Md  tni»  oar  pimlfc  owl  to  f  y»rtioa 
■ad  MOM  Msh  yiwM  w  hoto  oMoMo  vd  on  Mt  iklo  •• 
boor  ofiM,  to  ftoid  una  far  nthir  ■•■  !■  o  nonaBUo  oad 


tiM  of  oar  townito  ia  cMo  rf  do* 
or  OBjr  tkroo  or  OMto  vt  joa,  iImII  mok 
HMwy  Boil  of  Uooliafdea,  and  in  yoor  ol 
«l  DnwiAbo,  or  Hmi;  BHti^a.  Eo^^  ta  W  «»;  a^  W^ 
boU  ooaAdmt  Ui  a  fraal  noaMra  beUi  oT  Uw  ta|«l  akollMO 
•(  ovr  piofK  Bad  <nrj  toadar  to  htioi  aay  aaaiMii;  fcai^M 
or  d»^  Ml  Umm  li]r  om(wbUv  Uw  ubW  af  lU  tntaod 
taada.wodolBrUwpwiial  oo^  iw|olio  thot  yoa  do  WOvM 
MMitoWBMtonMl  omI  tfsiaod  all  tW  ooaiaiil  troiaad  haada 
aad  bMlwU  Iwadi  «f  tko  aoatr,  eanfcUjr  wiia«  IM  liar 
ha  Nfipiiad  wttk  aUo  oad  oaftriMl  foiw.  aad  wrMily 
amod;  utaa  job  ftod  Uwi  tJwra  ba  >Ml  caM^oad  UaC  it 
^  bawlUilbe«DodHluBf  «f  IkaiakUtaatofcrtWrovo 
Wtar  tooonty,  to  aaka  oay  iaaraaoa  of  tWr  ■ 


«  it  far  dw  diaatefo  of  Hal 
nrrioa,  Mof  iooli  fiwoaa  oo  hoTo  teoriditohli  iatonrt  ia  tba 
cMUrtjr,  ood  Dot  rttsofon;  aoil  iii  noa  al  ooy  a|iforiliM.  y— 
on  to  rmiO  Uo  poaor  of  Uw  cooty  M  afftaai  H,  aad  to 
mowil  all  aoak  pcnooo  ao  on  faaod  wlalBaaa  hw^  talo  Iho 
MwbJyaf  oar  flkaiii;  vImm  oara  a^  oaMaM*  wo  aifHWIr 
foqoira:  omI  tkol  ho  ilioU  fraoi  tiM  to  ttet  laaa  faMh  aaA 
vunali  far  Uw  oaatoWof  id  an  paafb  at  OMh  Ifaoao  aad 
flaoM  ao  Iqr  yoo  4aO  ho  i^ioid  oa.«aoaHlaff  to  Uw  tram 
III      ■■    "    'j     -     ■"*        ■    ■  ■-    »--        ..     ..  . 

ym  oar  Oiwailailpawx  «r  aay  Ikooa  of  yoa  aftw  awh  amy 
■odi^ftitoUtooto  Uw*  to  Iroio  aad  taha  wartMa  of  ■«  toid 


1642]      Votes  of  the  Houses  for  raising  an  Army      261 

better  exercising  of  our  people,  and  discovery  of  sudden  in- 
vasions and  commotions.  Of  all  which  your  proceedings  herein 
we  expect  a  plenary  and  speedy  account,  according  to  the  trust 
reposed  in  you,  and  authority  given  you  by  our  Commission* 
on  that  behalf. 

Given  at  our  Court  at  York  the  1 2th  day  of  June,  in 
the  1 8th  year  of  our  reign,  1642. 


66.    The  Votes  of  the  Houses  for  raising  an  Armt. 

[July  I  a,  1642.    Raehwortb,  iv.  755.    Seeilw^.  of  EngU  x.  an.] 

Die  Martis  12  Julii,  1642. 

Resolved  upon  the  question,  that  an  army  shall  be  forthwith 
raised  for  the  safety  of  the  King's  person,  defence  of  both 
Houses  of  Parliament,  and  of  those  who  have  obeyed  their  orders 
and  commands,  and  preserving  of  the  true  religion,  the  laws, 
liberty  and  peace  of  the  kingdom. 

Resolved  upon  the  question,  that  the  Earl  of  Essex  shall 
be  general. 

Resolved  upon  the  question,  that  this  House  doth  declai*e, 
that  in  this  cause,  for  the  safety  of  the  King*s  person,  defence 
of  both  Houses  of  Parliament,  and  of  those  who  have  obeyed 
their  orders  and  commands,  and  preserving  of  the  true  religion, 
the  laws,  liberty  and  peace  of  the  kingdom,  they  will  live  and 
die  with  the  Earl  of  Essex,  whom  they  have  nominated  general 
in  this  cause. 

Resolved  upon  the  question,  that  a  petition  shall  be  framed, 
to  move  His  Majesty  to  a. good  accord  with  his  Parliament  to 
prevent  a  civil  war. 


PAKT    IV 

n:oM  THE  ommKAK  *»y  tiik  ri\ii.  wau  to  thk 

KXIXTTluN    (»K  THK    K1N<;. 
57.     This  Troimi'^itkin**  rftk.si.Mi:i)  th  the  Kivi*  at 

TIIK    THFJilT    fF   (»X»uh|i 
[KrWi!ar\   I,  l^4|.    l<iiih«>rlh.  «.  l'i«      >«v  iif**it  firt/  H'cr.  l  *'^ ' 


7'A^  huuiU*  iffstm  iirul  /'r"j0t»tti»inB  of  the  L**r\l»  nn^i  ' '< 
IN  Varlutfntnt  att^nifjf'f.  Un  \^rt.l  to  H\$  Mnjftiy,  /V6  .  1641 

Wr  \i>  .r  M^ji^ty'ft  iD'ipt  liutnl'Ie  and  faithful  tulijicli.  the 
I.oiiln  niii!  Coiiiiuiii.ii  ill  rAihaiiii  lit  Mteiiihlftl.  haviiJir  id  «>«r 
tli>*u^lit!t  till-  };\**ry  iif  liiwl.  your  Majratr't  hnuuur  uh!  i1»« 
|iiii«i{ifrily  *»*.  }i>-.ir  |M«>|>lr,  Aini  lu'liiff  ih«^t  i^rievmulj  afllKlctl 
%ii;!i  thf  |)rr««itih'  iiiiM*rir«  and  raUniitir«  which  have  ovrr- 
nh'lninl  vuur  two  kiiik'doiiin  tf  I!ij^1au«!  aiid  InUml  uiue*  yvnw 
)|:kjr«t\  hath.  l>\  (hr  |rriua»i>'n  uf  rvil  c>>uii*c!li>n.  withilnvn 
youriN'lf  fn.ui  thi*  rAiliameut.  niMHl  an  anov  af^aiiiil  it.  ax>J 
hr  foici-  tht'iTi'f  |ir<'te«  t«-«l  ilt  lii]*|uri.ti  fn>iii  the  juaticr  uf  it, 
cotiitrniiiii  •?  Uf>  t<»  tak-  arn;*  fur  the  drfeiitt  of  our  rrh|ri>iii, 
lawi.  !ili  rtir*.  iirivilr^-fii  of  rarliamei.t.  and  for  the  littinir  of 
the  I.-iriianiriit  :n  R.«tc^r.  which  ft  arr  axid  daxiffrn  are  eooticuftl 
and  ii.cxraM.l  \,\  thr  rain-tiir  diawii;^'  ttveth«»r,  aikJ  am.iii|f 
of  trnat  liUinber*  of  ra|>i*t^.  111. drr  (i.r  cummatnl  of  the  Karl 
uf  Newcaatlr.  !ikr«i-«>  hy  making'  L<rd  Hi-ibrrt  uf  ICatflaa. 
and  othrr  ki.(iwii  |<a]-irtP.  ••-mriiat.iirxii  i>f  ^'rrat  furccf.  whnehj 
luAXiy   griituiii   i'|>|  II  laivUf .   lajMUPt   ai.tl   truritira   have 


The  Propositions  presented  to  the  King       263 

and  are  daily  exercised  upon  the  persons  and  estates  of  your 
people,  much  innocent  blood  hath  been  spilt,  and  the  Papists 
have  attained  means  of  attempting  and  hopes  of  effecting  their 
mischievous  design  of  rooting  out  the  reformed  religion,  and 
destroying  the  professors  thereof: — in  the  tender  sense  and 
compassion  of  these  evils,  under  which  your  people  and  king- 
dom lie  (according  to  the  duty  which  we  owe  to  God,  your 
Majesty,  and  the  kingdom,  for  which  we  are  intrusted),  do 
most  earnestly  desire  that  an  end  may  be  put  to  these  great 
distempers  and  distractions,  for  the  preventing  of  that  desolation 
which  doth  threaten  all  your  Majesty's  dominions.  And  as  we 
have  rendered,  and  still  are  ready  to  render  unto  your  Majesty 
that  subjection,  obedience  and  service  which  we  owe  unto  you, 
so  we  most  humbly  beseech  your  Majesty  to  remove  the  cause 
of  this  war,  and  to  vouchsafe  ub  that  peace  and  protection 
which  we  and  our  ancestors  have  formerly  enjoyed  under  your 
Majesty,  and  your  royal  predecessors,  and  graciously  to  accept 
and  grant  these  most  humble  desires  and  propositions. 

I.  That  your  Majesty  will  be  pleased  to  disband  your  armies, 
as  we  likewise  shall  be  ready  to  disband  all  those  forces  which 
we  have  raised ;  and  that  you  will  be  pleased  to  return  to  your 
Parliament. 

II.  That  you  will  leave  delinquents  to  a  l^al  trial  and 
judgment  of  Parliament. 

III.  That  the  Papists  not  only  be  disbanded,  but  disarmed 
according  to  law. 

IV.  That  your  Majesty  will  be  pleased  to  give  your  royal 
assent  unto  the  Bill  for  taking  away  superstitious  innovations: 
to  the  Bill  for  the  utter  abolishing  and  taking  away  of  all 
Archbishops,  Bishops,  their  Chancellors  and  Commissaries, 
Deans,  Sub-deans,  Deans  and  Chapters,  Archdeacons,  Canons 
and  Prebendaries,  and  all  Chanters,  Chancellors,  Treasurers, 
Sub- treasurers,  Succentors  and  Sacrists,  and  all  Vicars  Choral 
and  Choristers,  old  Vicars  and  new  Vicars  of  any  Cathedral 
or  Collegiate  Church,  and  all  other  their  under  officers  out 
of  the  Church  of  England:  to  the  Bill  against  scandalous 
ministers :  to  the  Bill  against  pluralities :  and  to  the  Bill  for 
consultation  to  be  had  with  godly,  religious,  and  learned 
divines:    that  your  Majesty  will   be   pleased  to   promise   to 


Comt/ituhoma/  DoeumttUi 

r  iwd  BIU  tm  wMlu§  wl  CkuA  | 

I  wiiii  tW  MHnUjr  <f  Um  bM  d 
thtXX'U  raolnd  •»  (9  tn*k  Hom 
thm»  Im  |if  Mtiil  to  jaar  U^i^f. 

V.  TW  jvnr  M^Mtf.  I»ri4v  «xprMMd  bi  jwriwww  to  lb* 
Nia«to»  PivpoaU^  af  Utfc  Boom  af  Pfcrthwl.  •  hw«y 
dUetim  ud  iauMtaa  (>r  Ifaa  rMtiat  «a  il  r*p»j  Ml  «f 
tUaUBcdoa;  Md  tkkif  killitb«BaH««f  F    ~ 

■Dd   Pb^ 


»  Aoa  afalMtt^  tha  Stoto  w  d 


UmU  j«n  wmU  bt  inehNulT  fimtti,  lar  Ifca  bMv  iiM«»wy 
■ad  fl|H«li«  uaTietim  of  nesMBta,  UmI  u  Mtb  a^  I* 
totoUialMd  bjr  Ad  of  IWUhmbI  to  W  ■ilawNwwl  m  tmk 
nuuMT  u  bjr  belh  Bmmh  thdl  ba  iffTMd  m;  wlwaii  (kiT 
rinll  Uitan  ud  nDoaim  tW  Fby^'a  ■■pt— ijr,  ika  dvatrim 
af  UwasbatoHOatlMmMuptaij,  VBnU|i|iH  "f  tW  MMMnM 
bMl,  KwttMi  ud  tB^aaf  M>d  tW  nfun^  iW  aid  a«lK 
WiW  tawltnd  iM  Mtk  Muar  u  iUU  ba  sifoJaMd  br  AM  aT 
FkribMol.  iWl  ba  a  wMilw*  aaarietiaa  is  b«  i'  111  iiiy. 
And  Uial  yew  Ui^mHj  wOl  ba  giMioHljr  |laa«4  to  fitv  jmt 
nj*l  atorat  uito  a  BiD  br  th*  adawthwi  a(  tU  cbiUraa  af 
Papato,  bjr  Pnuatobta  to  tbt  riihatoiM  i«U«tM:  llial  far 
Urn  non  dlMbHl  annliaa  at  tim  ton  ^afaM  tba  ft|i<il 
navuta.  row  MitHtf  «"«U  ba  plsMd  to  I  to  a  HI 

fcr  tiw  ina  tovyiof  af  Uw  fiaalliM  aotoiA  tba.  ud  UM 

tUtoiwpa^ttjMyhalanadaad  lii|i  11  I  rfto  i«afc ■ 

aabotb  Baana  gf  Parliatotat  lAdl  ap«a  on,  aa  ■•  raw  Ua||Hlr 
ba  at  an  kto:  and  Ukawiaa  to  a  IKD  whMal?  iba  pnotka  af 
Fkpiato  a^iaal  IW  fluto  tmj  ba  paanrtad.  awl  tba  km  agdMl 


VI.  Tbal  tfaa  Ekrt  af  Biteal  aaj  ba  iMcmd  htn  yaw 
Ib^artjr'i  aaWMak  ud  ll»l  boifa  b«  and  tW  Urd  Uarbatl. 
ild^  M  to  tba  bri  rf  Wwiln'.  mmj  lth«««a  !■  imtnumi 
ft«M  aoniiV  wilkto  Iba  rwf*  of  tba  OmH.  «id  IbM  UHgr  m? 
Ml  b«r  ur  aSia,  ar  hsTa  aor  iplnyto  aaaaviiag  tka 


lait  rf  Olwa  i^» 


1643-3]     The  Propositions  presented  to  the  King      265 

VII.  That  your  Majesty  will  be  gracioasly  pleased  by  Act 
of  Parliament  to  settle  the  militia  both  by  sea  and  land,  and 
for  the  forts  and  ports  of  the  kingdom,  in  such  a  manner  as 
shall  be  agreed  on  by  both  Houses. 

VIII.  That  your  Majesty  will  be  pleased  by  your  Letters 
Patent  to  make  Sir  John  Brampston  Chief  Justice  of  your 
Court  of  Ring's  Bench,  William  Lenthall,  Esq.,  the  now 
Speaker  of  the  Commons'  House,  Master  of  the  Rolls,  and  to 
continue  the  Lord  Chief  Justice  Bankes  Chief  Justice  of  the 
Court  of  Common  Pleas,  and  likewise  to  make  Mr.  Serjeant 
Wilde  Chief  Baron  of  your  Court  of  Exchequer.  And  that 
Mr.  Justice  Bacon  may  be  continued,  and  Mr.  Seijeant  Eolle 
and  Mr.  Serjeant  Atkins  made  Justices  of  the  King's  Bench. 
That  Mr.  Justice  Reeves  and  Mr.  Justice  Foster  may  be  con- 
tinued, and  Mr.  Serjeant  Pheasant  made  one  of  your  Justices 
of  your  Court  of  Common  Pleas;  that  Mr.  Seijeant  Creswell, 
Mr.  Samuel  Browne,  and  Mr.  John  Pulestou,  may  be  Barons 
of  the  Exchequer ;  and  that  all  these,  and  all  the  Judges  of 
the  same  Courts,  for  the  time  to  come,  may  hold  their  places 
by  Letters  Patent  under  the  Great  Seal,  Quam  diu  se  bene 
gesserinty  and  that  the  several  persons  not  before  named,  that 
do  hold  any  of  these  places  before  mentioned,  may  be  removed. 

IX.  That  all  such  persons  as  have  been  put  out  of  the 
Commissions  of  Peace,  or  oyer  and  terminer^  or  from  being 
ciistodes  rotiUorum,  since  the  first  day  of  April  1642  (other 
than  such  as  were  put  out  by  desire  of  both,  or  either  of  the 
Houses  of  Parliament),  may  again  be  put  into  those  com- 
missions and  offices;  and  that  such  persons  may  be  put  out 
of  those  commissions  and  offices,  as  shaU  be  excepted  against 
by  both  Houses  of  Parliament. 

X.  That  your  Majesty  will  be  pleased  to  pass  the  Bill  now 
presented  to  your  Majesty  to  vindicate  and  secure  the  privi- 
leges  of  Parliament  from  the  ill  consequence  of  the  late 
precedent  in  the  charge  and  proceeding  against  the  Lord 
Kimbolton,  now  Earl  of  Manchester,  and  the  five  members 
of  the  House  of  Commons. 

XI.  That  your  Majesty's  royal  assent  may  be  given  unto 
such  Acts  as  shall  be  advised  by  both  Houses  of  Parliament, 
for  the  satisfying  and  paying  the  debts  and  damages  wherein 


a66 


[>4 


Uw  t»0  UouM  . 
of  tkr  kiivka. 

XU  TiMl  j«ar  M^lNty  viU  ba  plM^.  imfJI^  te  • 
giMlan  aiMwv  btrakifan  fM>iir»J  ftm  jwn,  is  iBl«  Mb 
»  Ml*  Mrid  BUbM*  wHK  lb  SMm  t(  lb*  DaHid  ftii^nw. 
■^  mUmt  BM^bouiag  priMM  aU  Statai  uT  Um  IViliii^l 
nUffhMi.  tot  Um  JrfMw  Asd  ■rfBtwBw  (WmT  ^MMt  an 
Jm%m  Md  allNqto  ^  lib*  Pofiih  and  tmti&mX  hM^m,  ta 
■■bvtrt  and  aapfnaa  it,  whwabf  jpoar  nl^Hto  mm^  h»pa  to 
ba  bwbwlba  mkaUA  wbieb  Ikb  UndoB  bib  w  latii 
>  pmr  «Uali  aom  aT  tbat  parir  bsta  1^  to 
ila.  asd  wiD  ba  BMcb    laiaiMid    to  a  m>I» 


nya)  aWar  and  tba  p«ton  altctor  la  tbaw  difwiia  aad 
ilBMJaiiai  wbkb  balaaf  ul«  Iba^  asd  nfori^  lh«  athar 
dirtnwid  rntattMt  jictoaM  wba  bm«  mJUni  to  tba  mm* 


XIII.  nat  IB  iW  gaanl  fwdaa 
batb  Uca  [ikaanl  to  oStr  M  jasr  m1i|M^  all  oOtaeaB  Md 
■(MWaMaaasn  cMMJItod  bdon  Iba  1Mb  tiiaammry,  1*41*, 
whidi  bava  btoo,  m  abaU  ba  ^aatioMd  ar  twiaiJid  ^hmI 
ia  l*ariiBflNBA,  apon  oaaiplatot  to  Iba  BaiaM  ^  Ohbhi 
bdara  Um  lotb  tii»mmrf,  ■**]*.  •^■1  W  ■ 


•4HH  I*  !<■  Ml;  duKbanH  a«WMl   til   albw 
OMrta.     Tkt  libawM  Iban  aball  ba  aa  tai»plto«  af 


bad  »Kj  h«(dor  paadfaa  to  iba  tohdUw  of  Ink^  ^lab 
balb  or  ha?*  gnaa  aaj  eoaaaai  awjataafa  ar  aMavngnHBl 
to  Ibt  nUa  Iban  far  tba  aMJalaaaaaa  af  Omi  fahdUn.  aa 
utptin  of  WOUato.  Sari  of  WiaiMlli.  aaJ 
0«w|a,  L«<dtHfbjr. 

XIT.  Ibl  yaar  lUfa^  wOl  ba  pl«atd  to  i«taf«  oMb 

'   '  W  Homo  of  IWtowM  la  lUr  aavanl  phoa 

M|ilijMl.  oBl  or  «Uab  Uw;  ban  b-as  pal 

bifinl^  af  tbii  fWUsMsl)  lb(  tbty  m;  nmim 


1643]  The  Solemn  League  arnd  Ccrc€maMt 

which  they  haye  lost  bj  nch  rcBOvmla,  vpon  tbe  pgtitiiiB  of 
both  Houses  of  Fkrliameiit ;  and  thst  mil  odtcES  auj  be 
restored  to  their  offices  and  empk^mentB,  who  bsv*  bcsL  pot 
out  of  the  same  upon  anj  dJapfeaaore  eooccETad  againflC  them 
for  any  assistance  giTcn  to  bodi  Hnoara  of  FviancuSr  or 
obeying  their  commanda,  or  forbearing  to  loKva  their  atcendaace 
upon  the  Parliament  wilfaoBt  Hcgnce,  or  kx  any  athcr  eeeaaioa 
ail^g  firom  theae  unhappy  difleiciicea  between  yovr  Majesty 
and  both  Houaea  of  FarikmeBt,  vpiai  the  like  pecitioB  ef  bodi 
Houses. 

These  things  being  granted  and  periormed,  aa  it  bath  ahr^ 
been  our  hearty  prayer,  so  shall  we  be  enahfed  to  OHife  it 
hopeful  endeaTOur  that  your  Majesty  and  ysv  psapk; 
enjoy  the  bleaaings  of  peace,  trvtk  and  j— tiee  ;  the  royalty 
and  greatnesa  of  ymr  throne  may  be  supported  by  the  loyal 
and  bountiful  affections  of  your  people;  their  Iibertiea  »d 
privileges  maintained  by  your  Majesty  4  proteetioa  %iA  jantiet ; 
and  this  public  hmioar  and  h^>pfnesa  of  year  Majenty  aad 
all  your  dominions  commonieaied  to  c<her  Cbitrdiea  and  ?Hatea 
of  your  alliance,  and  deriTcd  to  your  royal  posterity  and  the 
future  generations  in  thia  kingdom  iar  erer. 

58.     The  Sohhus  Lkague  amu  Cotesasj, 

[Taken  by  the  Hoaae  of  CoauaoBs.  SepCemfjtsr  25,  1643,     Kmtkwurikf 
T.  478.    ijce  <?rea/  Ciril  ITaf ,  L  aj^a^] 

il  «o2emn  league  and  corenarU  far  Ref/rnuUum  and  Defence  of 
Religion,  the  honour  and  happineee  of  the  King,  and  the 
peace  and  tafety  of  the  thru  kingdoms  0/  England,  ScaUand 
and  Ireland, 

We  noblemen,  barons,  knigfata,  gentlemen,  citizens,  bur- 
gesses, ministers  of  the  Gospel,  and  commons  of  all  aorta 
in  the  kingdoms  of  England,  Scotland  and  Ireland,  by  the 
proyidence  of  God  living  under  one  King,  and  being  of  one 
reformed  religion ;  haying  before  our  eyes  the  glory  of  God, 
and  the  adyancement  of  the  kingdom  of  our  Lord  and 
Sayiour  Jesus  Christ,  the  honour  and  happiness  of  the  King's 
Majesty  and  his  posterity,  and  the  true  public  liberty,  safety 
and    peace   of   the   kingdoms,    whei'ein    eyery    ones   private 


I 


(MilitiwIaiadBMi  *»d  mUuht  t»  wto^  tW  tiwifcnuui  —i 
VfHAf  fitU,9m0rintim,»Xkmmftm  tad  rnatifm  at  Am  wm^lm 
tiOpi  aiiiMt  Uw  tew  n^^m  aad  piifaMw  tWiW  b  dl 
yhw.<tpwiiJlyiBtfctwti»wHiBfaM.wir«>epa»w<ani» 
Um  rf  nligiaa  i  «a4  hMr  nwk  tUr  ■■■•,  pinnr  ami  |r  ^| 

awiliHiii»i«iUUrfttoCfcMifc— lliliHii«rflwibi<tfc» 
Jitte— id  mU*  oTlfaa  Cbmh  imI  H^m  rfl^wj.^* 
tb»  4u(Mnm  MtaU  oT  tb«  ijkank  ud  Uagtei 
m  yrMMil  arI  pnUic  iMtinwfai :  w*  imm  (aov  rt  hM)  il 
oUht  mmw  of  HppUMtiw,  woMte—ti.  fntrntntiam  t 
wJhriim.  br  tht  fgmmnttim  af  — iitwi  aad  ow 
fr<MB  attar  mb  u4  dartnwIiaB,  MMtduv  la  i^  mmhiA- 
•fcli  fCMtJM  of  tUn  kim&iw  IB  ftnstt  ttM^  ud  da  ««Wift» 
of  Ood'a  fMopk  ia  othv  mUom.  albr  Mtm  JrfftwiWi^ 
naahad  ud  dMarBlMd  U  Mbr  iMa  »  BBtMl  ud  mImb 
t«4<M  Bad  oavMuil,  wWwn  <*•  »ll  MtfaMrjlw,  aad  mak  tmt 
«(  ■■  far  UMdt  »ili>  ow  lMd>  lift«l  vp  lo  Uh  a«t  Wgfl 


TUl  ««  bImJI  riaMnljr,  tmDjt  and  BwiiiiHlly.  Unagk 
tU  (TSM  c/  Ood,  ■dtawr  la  mt  artml  fUow  aad  rilia»^ 
tfca  praimtkB  <d  tha  rateaMl  nJigfaw  b  tW  CkmiA  «f 
Saatkad,  la  dattriai,  mahip,  dbeipUaa  aad  giiiiiBMl 
■faiait  oar  mbmb  «MraiM;  Uw  nknmtiim  ti  rrtiflw  ia 


diadpfiaa  and  gafwuMMt,  Miiadii^  to  lU  Wtfd  of  Did. 
aadtlM  aiaaipbaf  tha  b«l  nfcrnrf  Cfcawlw ;  aad  ««  dbl 
aadMnar  to  biag  Ik*  CkuakM  of  Ood  la  tb*  ifcfw  kii^Ma 
to  Um  aaaiart  mOaatlMn  aad  aiUlmBdr  b  nlifba,  floalMHa 
«(  bitK,  fana  af  ilMvab  gavmaaal,  diivrtnrj  far  wmkif 


kalfaan,  Im  b  bltk  aad  bv*.  aad  IIm  Ufd  ■«  dri^hi 
to  d««D  b  tka  aidit  aT  aa 


LlWt  «•  atiaU  b  liha  mm«.  witkoal  rwpMl  of  r">^^^H 
dMWor  tW  oSiriMtua  if  fafiry,  pniM:;  (Ual  '»,  *^^^^^^^| 


1643]  The  Solemn  League  and  Covenant        269 

goyernment  by  Archbishops,  Bishops,  their  Chancellors  and 
Commissaries,  Deans,  Deans  and  Chapters,  Archdeacons,  and 
all  other  ecclesiastical  officers  depending  on  that  hierarchy), 
Buporstition,  heresy,  schism,  profaneness,  and  whatsoever  shall 
be  found  to  be  contrary  to  sound  doctrine  and  the  power  of 
godliness,  lest  we  partake  in  other  men's  sins,  and  thereby  be  in 
danger  to  receive  of  their  plagues;  and  that  the  Lord  may 
be  one,  and  His  name  one  in  the  three  kingdoms. 

m. 

We  shall  with  the  same  sincerity,  reality  and  constancy,  in 
our  several  vocations,  endeavour  with  our  estates  and  lives 
mutually  to  preserve  the  rights  and  privileges  of  the  Parliaments, 
and  the  liberties  of  the  kingdoms,  and  to  preserve  and  defend 
the  King's  Majesty's  person  and  authority,  in  the  preservation 
and  defence  of  the  true  religion  and  liberties  of  the  kingdoms, 
that  the  world  may  bear  witness  with  our  consciences  of  our 
loyalty,  and  that  we  have  no  thoughts  or  intentions  to  diminish 
His  Majesty's  just  power  and  greatness. 

IV. 

We  shall  also  with  all  faithfulness  endeavour  the  discovery 
of  all  such  as  have  been  or  shall  be  incendiaries,  malignants 
or  evil  instruments,  by  hindering  the  reformation  of  religion, 
dividing  the  King  from  his  people,  or  one  of  the  kingdoms 
from  another,  or  making  any  faction  or  parties  amongst  the 
people,  contrary  to  the  league  and  covenant,  that  they  may  be 
brought  to  public  trial  and  receive  condign  punishment,  as  the 
degree  of  their  offences  shall  require  or  deserve,  or  the  supreme 
judicatories  of  both  kingdoms  respectively,  or  others  having 
power  from  them  for  that  effect,  shall  judge  convenient. 

V. 

And  whereas  the  happiness  of  a  blessed  peace  between  these 
kingdoms,  denied  in  former  times  to  our  progenitors,  is  by  the 
good  providence  of  Qod  granted  to  us,  and  hath  been  lately 
concluded  and  settled  by  both  Parliaments :  we  shall  each  one 
of  us,  according  to  our  places  and  interest,  endeavour  that  they 


27C  Constitutioual  l^^rumftth  iA«i 

n)..y  innnin  i-.  ftjuiii'tl  ii.  a  tirni  |to-«c-i-  aim!  u;  i  ii  ti>  :\:1  |k^trrit«. 
.mil  td.it  jii^tiir  ti  .IV  l>^  ildiif  u|M>ii  thf  wilful  o|»|«»M^r»  l)irr«iof, 
ill  niftui.ui  f*i|>ir»v-ii  in  tl.<*  |  ri'crilmt  iirti>  lr«- 


VI. 

\W  «liill  al««\  nrroplii:^'  ti»  •>tir  pLre^  an«l  r.illinffi.  in  tku 
ri-iiniiitii  t*aii««*  «if  ri  lii/niii.  liUrty  Aii«l  ]iearr  tif  (k«*  kiiiff> 
til 'III.  it«*i»t  Rtii!  (Irfritd  nil  tln-m-  tl.At  riitrr  iiitu  thit  l«*B^nif> 
ikiHi  C4>\riiiiiit.  ill  thr  :n]iii;taiiiiiiLr  Mil  |>in>i;iii;:  thrrr<>f;  anj 
■linll  in  it  nutTt*r  oiifrUpo.  direi'lly  or  iiiiLmctly.  \*y  mXitXmy 
rTiT  roniliiiiAtii'ii.  |KTiua.«i<)ii  nr  ti-rpir,  to  U-  •1iti«1M  ukI 
vitlnirnwii  fpiiii  tlii«  Mi^m.I  union  aiiiI  r<>r jiinrtii-n,  vhrlkvT 
to  iDJiki*  ilefff*«-(i>>n  tn  the  ruhtrmry  |»Art.  i  r  ^\\r  cMinrlTr*  to 
A  «lt  trutAl'lc  iiitlitTrn  nry  fir  i>riitrilit\  in  tltii  rAiiir.  vhirk  m 
niiirh  i-nnrfrneth  thf  ^l>try  of  (idil.  the  i^ol  nf  the  kiLciomt, 
aimI  thr  h'lMi  ur  (*f  thf*  Kin;;;  hut  «h.kll  aII  th>*  *\x\%  xf  f^ur  !ivr« 
/ettlouvly  nti'l  rximtAiitU  ifiitinui*  thrn^in.  Apkiniit  aII  uppAitioa. 
Aiiil  |ir'iii>>te  the  ^Aiue  Acrunlnu'  tn  mir  |tf)w«T.  A^'Aimt  all  lett 
M\\\  in)|ifiliiiient4  «h.*tMicvfi  .  ai.^I  whAt  wi-  ap*  nt't  AtiU  '<ir- 
^elvr^  ti>  iiu|>|iief9  «>r  overri<nii*  Wi*  «hAll  rrtrAJ  Ai.'i  mak«>  kikvn, 
thnt  it  i\\n\  hr  limrlv  ppvrntr«l  ur  feiii><Tr«l  all  whith  w«  AhAll 
il->  .\%  iti  tf.r  ^ i^'ht  iif  iffiai 

Ai.'l  tiei'AUM-  ihrvr  kinf^h-nu  Are  tfuiltj  of  many  iiiif  ad4 
I  ri>\iv.itii'iiii  Ak'nii'^t  tf'^l,  Atn!  Ili4  .'^■n  .T«-»ii«  f'Lri«t.  a«  ii  t«>i 
iiiAiiif'-^t  )>y  Diir  |ir«At't.t  lii^'rrvjirf  ai.  1  •iAt.ir^rv.  the  fraita 
tht T"/  wt«  ni«'f*»  Alii  ile^-l.trr.  l*«f-re  ^tml  ai.iI  thr  vnfltl, 
•  >tir  unr-ih'iii'-l  <ir«itf  t<>  U*  huuiMitl  for  I'ur  ••wn  »iii*.  amI  for 

tl.r  *iill^  tf  (fp«r  klicl"nii:  fl*|«ilAllT  thAt  »e  ^»:iT«*  Ih  I  A0 
«-•  ■  ii^'ht  T:klue'i  thf  it.r«*tiii.th!v  lien*  tit  *i  thr  (t<«fw-l.  that 
».  I.Mv  I.  t  i.il^i  irei  f  r  tl.t-  |nrity  amI  |»  w.  r  therr».f.  And 
tl.it  «•  li.iM-  II- 1  •  i;-l«  A^oUM'l  t"  !•■  riir  (  hri»t  iH  •  ur  hearty 
It- r  t"  w.ilk  «.•;■!. Til!  liiMi  in  -tr  .\^r%.  whirh  Are  the  cauat* 
if  •  t'rr  *!i.«  .%i-l  tr.in«i;ri-«*i>in«  ••■  niti- li  a^*  in.  liiii;  Am«>n;^ 
T.»  .  »i.-l  iir  tr^ir  Ai.il  iiiif'U'iiiil  |>ur|k>«e,  liikirr  Anti  er»*lratiiar, 
f  T  •■iirM*lvr*  Ai.'i  a!1  •thrr*  iin-h  r  •  iir  \^  nrr  An*l  ikAryr.  Uitk 
It.  I  .1  !ii   .11. >i  III  I'fivAte.  in  Ail  iiiiti«-«  we  owr  t<*  (t«al  aaiI  mAn. 

t-     .aliii  liil    •  u{     ll^ei.    all  i    fAi  il    t>nr    Xk*   ^x    l«-f"r«   Altfther    lU    iW 


1643-4]      The  First  Committee  of  both  Kingdoms      271 

example  of  a  real  reformatioD,  that  the  Lord  may  turn  away 
His  wrath  and  heavy  indignation,  and  estahlish  these  Churches 
and  kingdoms  in  truth  and  peace.  And  this  covenant  we  make 
in  the  presence  of  Almighty  Qod,  the  Searcher  of  all  hearts, 
with  a  true  intention  to  perform  the  same,  as  we  shall  answer 
at  that  Great  Day  when  the  secrets  of  all  hearts  shall  be  dis- 
closed: most  humbly  beseeching  the  Lord  to  strengthen  us 
by  His  Holy  Spirit  for  this  end,  and  to  bless  our  desires  and 
proceedings  with  such  success  as  may  be  a  deliverance  and 
safety  to  His  people,  and  encouragement  to  the  Christian 
Churches  groaning  under  or  in  danger  of  the  yoke  of  Anti- 
christian  tyranny,  to  join  in  the  same  or  like  association  and 
covenant,  to  the  glory  of  God,  the  enlargement  of  the  kingdom 
of  Jesus  Christ,  and  the  peace  and  tranquillity  of  Christian 
kingdoms  and  commonwealths. 


59.  The  Ordinance  appointing  the  Fibst  CoMifiTTEE 

OF  BOTH  Kingdoms. 

[February  i6,  164}.    Joamals  of  the  Hoose  of  Lordi,  vi.  430. 

See  Great  Civil  War,  i.  306.] 

An  Ordinance  for  the  appointing  a  Committee  of  both  Houses  of 
Parliament,  to  join  with  the  Committees  and  Commissioners 
of  Scotland,  for  the  better  managing  the  affairs  of  both 
nations  in  the  common  cause,  according  to  the  ends  ex- 
pressed in  the  late  covenant  and  treaty  between  the  two 
nations  of  England  and  Scotland. 

Whereas,  by  the  covenant  and  treaty  ratified  and  established 
between  the  two  kingdoms,  both  nations  are  engaged  in  one 
common  cause  against  the  enemies  of  their  religion  and 
liberties,  and,  by  the  late  entrance  of  the  Scottish  forces  into 
this  kingdom  in  pursuance  hereof,  are  firmly  united  in  a 
joint  posture  of  arms  for  their  own  necessary  defence,  and  for 
the  attaining  of  the  ends  expressed  in  the  covenant  and  treaty. 

And  whereas  both  kingdoms  have  thought  it  necessary  that 
they  should  be  joined  in  their  counsels  as  well  as  in  their 
forces,  and,  in  pursuance  thereof,  the  Convention  of  the  Estates 


Comshtit/iima/  Doaimunh 


(X 


flf  Ssotfend  haw  »tV^*^  OnudUMi.  mUbf  ia  TTiilhai 
ami  M  Uw  Seottiak  Army,  Md  Wn  vnt  amt  rf  Uw 
Mid  Ciwii  ■{»»•■ '  H  Cbn—iwlein  far  tW  |nr)MMi  •!■«- 
mU,  U  nptir  nnln  and  bi  lwU«  mw  tb*  PbH^mmI.  «h«, 
9  Uwir  arriwi.  tw  priiwilid  thair a 


crtUa  ud  •ppont  AJ«>nM  Biri  of  NarthuiWlMd.  l>fc«t 
Sari  of  Emi  (Lotd  OwMnl),  BulMt  Eari  nf  Wnvwk  (L«4 
Adntnt),  Kdwud  Ewl  of  UaMlmUr.  Waiwai  rnoout  flbr 
•ad  8cK  FUlip  Lord  Whutoa,  Jaka  Uvd  BolmHa,  WUUui 
Piaqtobt.  Sir  Hanir  Vaaa  (Maior),  Hir  Philip  StaplMan,  Sir 
WIIUaH  WaOaf.  Sir  OtIlMt  Owwd,  Sir  WUBaa  AnaTsa, 
Sir  Artbttr  Baalrriss,  Sir  Bcny  Vam  Ucaiar)b  Jaha  CVan^ 
BabMt  Wallop  Olhrar  BL  JiJia  (SolieitorOaMtal).  OHw 
CraannU,  Saowd  BravM  and  Jobt  0\jmm  (Raeankr),  ar 
aaj  na  of  tkan.  vlMraa<  om  Lotd  aad  Ive  f'onaoaaf^  Is 
UMt  with  tba  CuBBiUfW  aad  C^iiaiMinMi  appoialad  ky  aw 
tntlirm  g(  Beetkad.  is  nek  tki^i  aa  lUll  by  tkaa  U  pM> 
paBiid«lftMiaadi«lbaBa»Brtk*  Uafdoa  af  SMtlaad,  far 
tU  aoda  afarMMd;  aa  Hkaviaa  to  prapoaad  to  iIm  OBa^Hav 
aad  CtamlaiaBan  af  SaallaDd  wbalavar  tky  ahall  raeahra  te 
ckaift  b«M  faetb  Reoaa,  aad,  brm  tIaM  to  Um;  to  aMv 


A»d  hftkar  povar  aad  aatbority  U  kanl?  |if«>  to  tka^ 
ar  aaf  aU  ol  Ik—,  wkanaf  om  Lard  aad  tw«  CoaMaMa* 
ai  a  jgtat  Oianuttoa  wilk  tba  Conaitlaa  and  OaMaininNa 
af  Birtfaad,  to  arfriaa.  aoaaaH,  ardw  aad  Jiwrt.  i  un  raiag  Oa 
CMTTiif  oa  aad  waaiifi^  a*  Dm  war  far  tba  b«l  adTaal^ 
ar  Un  Ikna  MihIiimi,  aad  tka  kiifjag  a  (oad  iiliirniBM 
fartvMa  Um  tkfaa  Uafdaa^  tkair  fanai^  no— illtiw  Md 
eoaaaah :  aad  ikaviM  «Hk  yaaar  to  hnU  gnod  ainaa|n>d»» 
aad  iaIalUfaaM  vitk  fcraiga  Btotoa;  and  fartlm  to  adtfaa  aad 


1644]     The  Second  Committee  of  both  Kingdoms      273 

coD&ult  of  all  things  iii  pursuance  of  the  ends  in  the  late 
covenant  and  treaty. 

Provided  always  that  nothing  in  this  Ordinance  shall 
authorise  the  Committee  hereby  api)oiutcd  to  advise,  treat 
or  consult  concerning  any  cessation  of  arms  or  making  peace, 
without  express  directions  from  both  Houses  of  Parliament. 

And  lastly,  the  said  Committee  are  to  observe  such  orders 
and  directions  as  they,  from  time  to  time,  shall  receive  from 
both  Houses  of  Parliament ;  provided  also,  that  this  Ordinance 
shall  continue  for  three  months  and  no  longer. 


60.   TuE  Obdinaxce  appointing  the  Second  Comiiitteb 

OF  BOTH  Kingdoms. 

[May  3  3,  1644.     JounuUB  of  the  Uouie  of  Commoni,  iii.  504. 
See  Grtat  Cicil  War^  L  343.] 

A  n  Ordinance  for  the  apjmnting  a  Committee  of  both  Houses^ 
to  join  with  the  Committees  and  Commissioners  of  Scotland, 
for  the  better  managing  of  the  affairs  of  both  nations^  in 
the  common  cause,  according  to  the  ends  expressed  in  the 
last  covenant  and  treaty  between  the  two  nations  of  England 
and  Scotland, 

Whereas  by  the  covenant  and  treaty  ratified  and  established 
between  the  two  kingdoms,  both  nations  are  engaged  in  one 
common  cause  against  the  enemies  of  the  religion  and  liberties ; 
and  by  the  late  entrance  of  the  Scottish  forces  into  this  kingdom, 
in  pursuance  hereof,  are  firmly  united  in  a  joint  posture  of  arms 
for  their  own  necessary  defence,  and  for  maintaining  of  the 
ends  expressed  in  the  covenant ;  and  forasmuch  as  nothing  can 
be  more  advantageous  and  conducible  to  the  purpose  aforesaid 
than  that  the  conduct  of  the  affairs  of  both  kingdoms,  in 
prosecution  of  the  ends  before  mentioned,  be  managed  by  the 
joint  advice  and  direction  of  both  nations  or  their  Committees 
authorised  itf  that  behalf;  that  is,  not  only  the  counsels, 
resolutions  and  forces  of  both  kingdoms  may  be  to  the  utmost 
improved  to  the  common  good,  and  a  right  intelligence  and 
firmer  unity  held  and  pi*escrved  between  and  within  themselves^ 


374 


CoHstitutiMHii  UmuhuhU 


■ 
■ 


hit  aim  ■  |aod  eatnapowUMT  rnaj  ba  Mt  «a  fcM  Mid  mtit^ 
UiBcd  thtmA  wiUi  oUwr  SUte*  in  a  Jnbt  ny.  *"  wiiti«<M 
Ik  viekad  eoaM*neiai  awl  4«iKiM  oT  tha  PofU  wJ  Aall- 
ctriiUaii  iactawi  in  ail  pam  agaJml  iba  traa  ProtoaUrt  f  rfi hm* 
niicioo,  aad  iha  wdltfa  of  Hi*  M^jraty  •  Uum  kiinpliMa; 
aad  wktnaa  Uw  CenTWtMNi  ot  iba  l^atataa  vt  BoaUaad  )m«« 
apfwiirfad  CoamiUaai  naiOii^  u  Sartkad  aad  in  tba  °  ilIJA 
amj,  and  kara  aant  aoaa  of  Uia  aald  CbtoHUw  aa  Otaai*. 
Aaum  toft  tka  iwrya—  afaiMald.  In  rifiir  malo  and  tMiJa 
naarUMtm  Uunaaa,  wfavaafaoM  an  nIraaJj  isthno^:  (• 
cMMidaratiM  Iwraof  Um  Unl*  and  Owbmh  iwiwHid  fa 
iUiaoMBt,  do  wDJaala,  ardab  asd  apfaiat  AJgaraaa  Bail 
af  NorthuDbarknd,  finUrt  Kari  of  Km  (La>4  OiMnl), 
Bobart  Eari  ef  Watvlek  (Lord  Adminl).  BdwatJ  Bnri  af 
UamlMUr.  Willua  ViMonat  Say  and  Sala,  PkUir  L^wd 
WlMriMi.  Jokn  \m^  lUMrt*.  ViUiaa  Kwpeint.  Sir  Bory 
Van-  (MQtor).  Sir  [1iUi[>  6U|^t<M>.  Sir  Willian  Wallar,  Sir 
tiilbert  QtnxtX.  8«r  WUliam  Anujrn.  rOr  Artkar  B^ilr% 
Fir  llrtirjr  Vaac  ()"»I>"')<  'obn  Citnr.  Rolwrt  WaHof,  OBnr 
St  JtJiB  (SuUaitof -OfltanU),  Otivnr  Cruwwdl,  SmmmA  RIdvmi, 
Jobn  OlTtt  (Kaeordar),  or  aof  Umr  of  tbaa  (vbaiwf  a  mtmStm 
•r  vdi  HoaM  to  W  |wantX  to  towt  witli  Iba  "— i— *1 —  a^ 
OontMlaaiotiara  appeiatod  hj  om  Lvwtbnn  <rf  Baa*h»d.  is  mA 
tbtnga  aa  abaU  l^  Ibaaa  bt  prufmukdol  (raa  and  is  tlw  aaaa 
uT  IIm  Idasdon  af  BHtkad  fcr  Iba  aada  aCe«U :  aad.ftiB 
lian  to  liJBM,  to  adriaa  mad  mmmlt  wHk  tlmm  iwiialu  te 
aaaat  and  do  ftDtbar  gii*  pavar  onto  tha  ■—bar*  tt  boA 
Uonaaa  abaw  wad.  a*d  «Bto  iobo  Evl  ol  London  (L«ad 
Htgli  ClMaealkr  oT  Saolkad).  Jalu  Laid  lUilkad.  hu  AfAa- 
baU  JoluHlMi  9t  Warrtitoa,  and  Mr.  Bobort  Batday.  oc  a^r 
aano  af  IboB  («b«wr  a  Mmbarirf  mA  B«M  ia  to  ba  prwaal). 
r  aad  direct  wbi 


nnearB  Ik  ""•— f'f  af  tbo  war,  baafiay  |aod  bilangwaa 
botwaan  Iba  fatwa  of  ifaa  Ibra*  bitwdan*.  wd  «batoaaa«r 
•ajr  aantwa  Ua  |hub  ti  Hia  Jl^fwly'a  ikwinlon^  aad  wM 
vHbm  Ibinfi  in  pwaaaaoa  of  tb*  anda  rtfumitt  in  tba  laid 
OavMoat  and  Tnatj:  aad  Iba  (.^uaittoa  of  bnib  tlmtm 
an  Ui  abMm  mek  oidtn  aa  tkj  abnO.  fro*  tiaa  to  timm^ 
raxWa  fmt  batb  Haani. 


[644]  The  Propositions  of  Uxbridgc  275 


61.  The  Propositions  of  the  Houses  presented  to  the 
Kino  at  Oxford,  and  subsequently  discussed  at 
THE  Treaty  of  Uxbridoe. 

[PrMcnted  to  the  King,  November  34^,  1644.    Joumals  of  the  House 
of  Lordfi,  vii,  54.     See  Grtai  Civil  War,  ii,  76,  85,  1 34, 

1.  That  by  Act  of  Parliameiit  in  each  kingdom  respectively, 
all  oaths,  declaratioDs  and  proclamations  against  both  or  either 
of  the  Houses  of  Parliament  of  England,  and  the  late  Con- 
vention of  Estates  in  Scotland,  or  Committees  flowing  from 
the  Parliament  or  Convention  in  Scotland,  or  their  Ordinances 
and  proceedings,  or  against  any  for  adhering  unto  them ;  and 
all  indictments,  outlawries  and  attainders  against  any  for  the 
said  causes,  be  declared  null,  suppressed  and  forbidden;  and 
that  this  be  publicly  intimated  in  all  parish  churches  within 
His  Majesty's  dominions,  and  all  other  places  needful. 

2.  That  His  Majesty,  according  to  the  laudable  example 
of  his  royal  father  of  happy  memory,  may  be  pleased  to  swear 
and  sign  the  late  solemn  League  and  Covenant;  and  that  an 
Act  of  Parliament  be  passed  in  both  kingdoms  respectively,  for 
enjoining  the  taking  thereof  by  all  the  subjects  of  the  three 
kingdoms,  and  the  Ordinances  concerning  the  manner  of  taking 
the  same  in  both  kingdoms  be  confirmed  by  Acts  of  Parliament 
respectively,  with  such  penalties  as,  by  mutual  advice  of  both 
kingdoms,  shall  be  agreed  upon. 

3.  That  the  Bill  be  passed  for  the  utter  abolishing  and 
taking  away  of  all  Archbishops,  Bishops,  their  Chancellors 
and  Commissaries,  Deans  and  Sub-Deans,  Deans  and  Chapters, 
Archdeacons,  Canons  and  Prebendaries,  and  all  Chanterf, 
Chancellors,  Treasurers,  Sub-Treasurers, Succentors  and  Sacrists, 
and  all  Vicars  Choral  and  Choristers,  old  Vicars  and  new 
Vicars  of  any  Cathedral  or  Collegiate  Church ;  and  all  other 
their  under  officers  out  of  the  Church  of  England  and  dominion 
of  Wales,  and  out  of  the  Church  of  Ireland,  with  such  altera- 
tions concerning  the  estates  of  Prelates,  as  shall  agree  with 
the  articles  of  the  late  Treaty  of  the  date  at  Edinburgh, 
29  of  November,  1643,  ^^^  W'^^  Declaration  of  both  kingdoms. 

^  See  Joumalfl  of  ih«  Hoom  of  Lord%  vii.  8a. 

T  2 


»7« 


Cvnitttutiftbit   Oofumtttti 


M 


I 


4.  Tlwl  Um  Onliiwuc*  oammniag  tli*  aUiag  »mI  altiog 
af  tW  AmemUy  of  DirinM  U  cotifinMJ  bj  Act  «l  failwiUBt 

5.  TIm  nfocBMliM  of  laUfivD,  KvatdJug  fa*  Ika  Ctwmal, 
U  wIUmI  br  Art  oI  IWliuknt,  la  andi  awMr  m  buA 
HoooM  iImJI  agra*  npiB  kA«r  vonnhatioB  h«d  with  A* 
AmaaMy<4  Dirimn;  ud  for  m  dntb  «  Iwlfc  UagdMMM* 
smtully  «bU|(cil,  bjr  Uw   wm  Conaul.  to  ibAiwwt  iU 

tUt  MMh  wutj  and  BiiUbtai^  ia  raUgMs,  MwtCaf  to  tkm 
OwMwM,  M  Altor  BOBwttotintt  ImiI  wilb  Uw  Diiimm  of  Utfi 
M»  WMMbM,  tbU  U  >ndT  agrad  ipia  It 
•  of  tb*FkriiuMBtof  Ei«hiid,  kad  t>r  Uw  Ghwdi 
wd  UngilMB  of  SNilud,  U  MOflrawd  bf  Ada  rf  IMiia  ■! 
of  Uitb  kiaiploiM  mfiMtlvtljr. 

«.  Tlwt  for  Um  wn  cTmIwI  diMbUn  <I«M>la,  Prioto, 
Pupirti  aad  Popuh  t«cnMnla  rram  dntarUi«  Iba  Btoto  a^ 
dWvliMg  Uw  bwa,  ud  fac  tba  brttor  daaorwiag  aid  apaa^ 
cMivlaliaa  af  tvaaati^  •■  imUi  U  iiliirMhiit  bj  Aat  •< 
ParUaMMrt.  to  ba  adslnialtnd  by  Uwn.  whtnim  th»y  ^mM 
al^  aad  iMoaaoa  tba  Ptfa'a  iBpwwty,  tba  docUiM  rf^ 
tranaabatoatuttoa,  pugalarj,  woftbipping  i>f  Uw  ooaaamiid 
boat,  amaitm  aad  taugcs,  aad  all  ulbar  I'bpiA  wyitlliMa 
ami  wmn :  and  nful^  tba  taid  iwUi.  btiag  taalwad  ia  mA 
Baanir  aa  ihall  ba  appoialad  by  Iba  mU  A«I,  to  ba  adUHl 
wwtiattaB  In  k«  tl  n  niaaiinjr 

7.  As  Ad  of  FwUuwot  far  faacatiaa  a(  iba  •Uyiw  rf 
hpiaU  b]r  Pntoataiito,  ia  tba  Prataaturt  nligiaB. 

8.  Aa  Art  for  tba  trw  laT7ii«  oT  Uw  pnattiaa  agaiiwl  lba«. 
wUab  paaaltlaa  to  ba  Wviad  aad  diapoaad  ia  neb  wmmt  aa 
botb  HoMto  abaU  agm  on.  obanb  to  ba  pwtidad  Uwl  Hu 
MMJm*/  lUI  hava  m  kaa. 

9.  Ilwl    aa  A«t  ba  |^wd  in   Paribuaaat,   wbaiabj    tba 
pnvtieM  «r  Pa|Mta  a§tim^  tba  Stato  way  ba  [iinwiid.  awl 
tba  Un  agaiaat  Iban  doljr  auntod,  aad  a  ilfktor  mt^ 
tabaa  to  ynvaat  tba  mjiat  «r  baariag  of  Maw  ia  Iba  dart  _ 
•r  a«y  aUwr  part  of  tbia  bingdaK 

10.  1W  Uba  far  Uw  Uai4oB  of  SeoUaad. 
faar  laal  pmaJiig  jMopaaitiaaa.  iaaaeb  wawaa 
al  IWIiaMtal  tbm  ^U  Uaak  tL 


1644]  The  Propositions  of  Uxbridge  stj 

1 1.  Tliat  the  King  do  give  hie  royal  aBMnt, 

To  an  Act  for  the  dae  obBerration  of  the  Lord's  Day; 

And  to  the  Bill  for  the  auppreBaioa  of  innoTations  in 
churches  and  chapela,  in  and  abont  the  worship  of  God,  and 
for  the  better  advancement  of  the  preaching  of  God's  Holy 
Word  in  all  parts  of  this  kingdom ; 

And  to  the  Bill  against  the  enjoying  of  plnralitieB  of  henefices 
by  spiritual  persons,  and  non -reside n cy ; 

And  to  an  Act  to  be  framed  and  agreed  upon  by  both 
Housee  of  Parliament,  for  the  leforming  and  regulating  of 
both  Uaivereities,  of  the  Colleges  of  "Westminster,  Winchester 
and  Eton; 

And  to  an  Act  in  like  manner  to  be  agreed  npon  for  the 
sappresiing  of  interludes  and  stage  plays:  this  Act  to  be 
perpetual ; 

And  to  an  Act  for  the  taking  the  accounts  of  the  kingdom ; 

And  to  an  Act  to  be  made  for  relief  of  sick  and  maimed 
soldiers,  and  of  poor  widows  and  children  of  soldiers ; 

And  to  snch  Act  or  Acts  for  raising  of  moneys  for  the 
pavment  and  satisfying  of  the  public  debts  and  dami^tes  of  the 
kingdom,  and  other  public  uses  as  shall  hereafter  be  agreed 
on  by  both  Houses  of  Parliament ; 

And  to  an  Act  or  Acts  of  Parliament  for  taking  amy  the 
Court  of  Wards  and  Liveries,  and  all  Wardships,  Liveries, 
primer  teitini,  and  ouiltr  Ui  maim,  and  all  other  charges 
incident  or  arising  for  or  by  reason  of  Wardship,  Livery, 
primer  leitin  or  ouMer  les  mai'fu ; 

And  for  the  taking  away  of  all  tenures  by  homage,  and 
nil  lines,  licences,  seisures  and  pardons  for  alienation,  and  all 
other  charges  incident  thereunto,  and  for  turning  of  all  tenures 
by  knight  service,  either  of  His  tfajesty  or  others,  or  by  knight 
service  or  socage  in  eapiu  of  His  STfqesty,  into  free  and 
common  socage:  and  that  His  Miy'etty  will  please  to  accept, 
in  recompense  thereof,  £too,ooo  f«r  annum; 

And  give  assutance  of  his  consenting  in  the  Parliament  of 
Scotland  to  an  Act  ratifying  the  Acts  of  Convention  of  the 
Estates  of  Scotland,  called  by  the  Council  and  Conservatory 
of  Peace  and  the  Commissioners  for  common  hardens,  and 
aisembted   the    land   day  of  Jane,    1643,  and   several  timet 


■78  ConsfiMioHoi  Dorumtntt 


.  TImI  in  Act  tw  pttmi  li  Um  PuUmmIi  ti  fc«th  kfa«. 
•  mpMtivcl;  far  oMiftnn«l«a«t  of  th*  IrMtla  ftiJ  iMlvni 

I  twt)  kingibot,  ra.  tlw  Uni"  tiMtjr  ■,  !&■  kit  IrMty  b*  th* 
naiag  sT  tlw  Seata  wmy  inla  KnjfUiMl  ud  ilw  wtUiag  of  iW 
gMTiMB  ef  lUnriok  of  Iba  a^th  «(  KovambM-,  16143 :  t^  Uwty 
flOHMalag  Inlaad  «f  iba  Mli  arARgsit,  ■641;  with  *n  alfar 
wdbaniw  ud  pnMMdii^  pMMd  failwul  tk«  t«v  kiayliai 
in  pwwHww  of  |S«  bU  ImtiM. 

13*.  That  u>  Act  of  Ririuwiit  tw  puvd  to  mI»  fdi 

>  piMtina  of  iNkad,  ud  iJI  trMtiM  iritk  tW  nUI> 
wilkmt  cinwnt  o(  hrtlt  Uowm  of  PwliMMat.  ud  to  Mtlb 
icotMn  ef  the  w  u  InUnd  »  bolk  Bmmm  rf 
FuflnnI,  la  ba  —agad  by  Um  >t>bt  adrim  of  lalh  Uar 
dnu,  and  tba  Kii«  bi  Miut  aad  to  do  ao  ael  la  dJaaoodawMt 
or  melaM  tlwn  tlMrds. 

14.  That  aa  Act  ba  pwaad  b  tba  fwriiiwla  tf  ba* 
U^ioM  napactiraljr  far  wtabBAbg  ^  >a^  ■■  ■■■  '■  ■ 
•r  both  UiiiinB.  bMriaf  data  tba  30U1  of  itamn.  ■*«& 
ia  Ea^aad,  aad    1644  is  Beotkad,  witb  tU  <     " 


l^f,  That  Iba  p«waa  iriw  riMtll  aspael  as  pardM  ba  mig 
"-  I  fcUovnw:  Rapart  aad  )hmim,  Cooat  PabliaM  af  Ite 
M,  JaaMa  Bwl  oT  Dacb^,  Joha  bri  of  blalal,  mOha 
d  of  Nawtaatk.  rmxi*  Lord  OotliB|ttaev  Jaha  Lotd  liihl. 
(iMria  Leri  Digbj,  EdwaH  Lord  Lfttallaa,  WilBaa  Laa< 
ArvhLubap  of  Caatarborr.  Mattbav  Wna,  BUd|.  of  Kir, 
Sir  Robart  HcaUi.  KB%bl.  Dorter  BMaihall.  fULap  id  Dwry. 
Sir  Joha  ^nm,  Kaigbt,  Sir  Willimn  Widdnaftoa.  Cda«l 
Omti*  (kaia(,  BMay  Jmajw.  1^..  Air  Ralpb  fbyta^ 
Sir  Pnaeia  Daddiaffloa.  Mr.  Eadjwoa  Purtar.  8ir  Omfa 
BaddiA;  Sir  Hanaadaha  Uafldak.  Rir  Jabn  Hotkia.  Curtate 
iaba  Hatbaa  bii  ana.  Sir  Uoary  Va^aa.  Sir  Fraaaia  WiaJB> 
baab.  Sir  Wtbanl   Onarn*.   Ur.  EAward   HjU,  Sir  JaW 


L 


IklbattwlTWriffl. 
IW%M«l*MilMla  lb*  J. 


1644]  The  Propositions  of  Uxbridge  2ri<) 

Marloj,  Sir  Nicholas  Cole,  Sir  Thomas  Riddell,  junior,  Colonel 
Ward,  Sir  John  Strangways,  Sir  John  Culpepper,  Sir  Richard 
Lloyd,  John  Bodvile,  Esq.,  Mr,  David  Jenkins,  Sir  George 
Strode,  Sir  Alexander  Carew,  Marquis  of  Huntly,  Earl  of 
Montrose,  Earl  of  Nithsdale,  Earl  of  Traquair,  Earl  of  Cam- 
wath,  Viscount  of  Aboyne,  Lord  Ogilvy,  Lord  Reay,  Lord 
Harris,  Ludovic  Lindsay,  sometime  Earl  of  Crawford,  Patrick 
Kuthven,  sometime  Earl  of  Forth,  James  King,  sometime  Lord 
Eythin,  Irvine  younger  of  Drum,  Gordon  younger  of  Gight, 
Leslie  of  Auchintoul,  Sir  Kobert  Spottiswood  of  Dunipace, 
Colonel  John  Cochrane,  Mr.  John  Maxwell,  sometime  pretended 
Bishop  of  Koss,  Mr.  Walter  Balcanquhal,  and  all  such  others, 
as  being  processed  by  the  Estates  for  treason,  shall  be  con- 
demned before  the  Act  of  oblivion  be  passed. 

ii.  All  Papists  and  Popish  recusants  who  have  been,  now  are, 
or  shall  be  actually  in  arms,  or  voluntarily  assisting  against  the 
Parliaments  or  Estates  of  either  kingdom. 

iii.  All  persons  who  have  had  any  hand  in  the  plotting, 
designing  or  assisting  the  rebellion  in  Ireland. 

iv.  That  Humphrey  Bennet,  Esq.,  Sir  Edward  Ford,  Sir 
John  Penruddock,  Sir  George  Vaughan,  Sir  John  Weld,  Sir 
Robert  Lee,  Sir  John  Pate,  John  Acland,  Edmund  Windham, 
Esquires,  Sir  John  Fizherbert,  Sir  Edward  Laurence,  Sir 
Ralph  Dutton,  Henry  Lingen,  Esq.,  Sir  William  Russell  of 
Worcestershire,  Thomas  Lee  of  Adlington,  Esq.,  Sir  John 
Girlington,  Sir  Paul  Neale,  Sir  William  Thorold,  Sir  Edward 
Hussey,  Sir  Tho.  Liddell,  senior.  Sir  Philip  Musgrave,  Sir 
John  Digby  of  Nottingham,  Sir  Henry  Fletcher,  Sir  Richard 
Minshull,  Lawrence  Halstead,  John  Denham,  Esquires,  Sir 
Edmund  Fortescue,  Peter  St.  Hill,  Esq.,  Sir  Thomas  Tildesley, 
Sir  Henry  Griffith,  Michael  Wharton,  Esq.,  Sir  Henry  Spiller, 
Sir  George  Benion,  Sir  Edward  Nicholas,  Sir  Edward  Walgrave, 
Sir  Edward  Bishop,  Sir  Robert  Ouseley,  Sir  John  Mandy, 
Lord  Cholraley,  Sir  Thomas  Aston,  Sir  Lewis  Dives,  Sir  Peter 
Osborne,  Samuel  Thornton,  Esq.,  Sir  John  Lucas,  John  Blaney, 
Esq.,  Sir  Thomas  Chedle,  Sir  Nicholas  Kemish,  and  Hugh 
Lloyd,  Esq.,  and  all  such  of  the  Scottish  nation  as  have 
concurred  in  the  votes  at  Oxford  against  the  kingdom  of 
Scotland  and  their  proceedinsB,  or  have  sworn  or  subscribed 


sSo 


CnnstUvHonal  Otmtmmts 


1 


Ihc  IWUrfttion  ■gkintt  tU  OMVnrttn  i 
kll  MKk  u  fa*n  Mriibd  tbt  raMUoH  u  iLc  Nartk.  ar  iW 
imtuicM  in  Iha  SoaA  of  Um  «ud  Hiyl—  of  Pf  i  ih>4.  «r 
Ui*  kl«  iararioa  mU*  Umt*  bjr  tW  Iriih  wuA  tbair  ■Mnwnta; 
wmI  UmI  Um  Bflnhcn  oT  alllier  Hmm  of  Fwlhwtwl,  «U 
harc  not  onljr  dvMtttd  Um  IteUnNat,  brt  Imtc  *Ui  Wn 
voted  b]r  bath  kJnfdama  tnHan^  mty  b*  wowi  fiwa  Hit 
V^JMty'i  eoanak,  and  b»  rMtnuBtd  fraa  wlag  wtUua  Iba 
TMf*  of  Um  Cmrt;  aad  that  thajr  war  "^  wilhoat  lU  adm* 
and  Bnaaiai  of  both  timd— ,  Uar  any  eSa*  m  haf*  aaj 
MBplojvant  eoneemnig  tba  Stat*  or  OwiMaiatib  i  trnt 
mlM,  tlial  Um  wnbrr*  «f  tlUMv  Hmm  af  FhrilaiBawt  wW 
ban  dewiMi  (hr  ParUamant  awl  adbaml  t*  tba  mamm 
ibaraof.  and  not  rmdarad  ihanaahva  btHnrt  tba  ImI  a< 
Ottnbrr,  l644i  laaj  ba  ramanA  from  Ub  H^Mjr'a  «a«nak 
and  he  mOaiBi^  froai  cootiag  within  Ihc  rerfs  of  iha  Oart, 
and  that  the;  waj  not,  witboot  tha  adma  aad  vammmtt  af 
hath  HoaaM  of  hriiaBmt,  baar  U17  oOoa  or  bavt  aajr  ^ 
ploywiaBt  ooBoaraiaf  tha  HMa  or  ConrauBwaahh ;  mA  fa 
Mat  vkj  or  than  ahall  offtad  tbante.  to  h*  |w1lr  of  h4||h 
twainii,  nd  inaapaUa  of  aaj  |»fdn  by  Bta  Majaalj,  aad 

a  to  U  dlapoaad  ai  both  BoMaia  «t  rnrifiwiil  !■ 
Englafld,  or  tba  Eatatca  of  tha  ParikMnt  b  BHtkaJ  f»^ 
■pocthdr,  ihaU  thtah  fit 

V.  Ibal  by  Act  of  Pkriiamoat  aU  Jwlpa  oad  oAear*  I>«mi4» 

Ih*  kw  oomaaa  or  dni,  who  Wn  daaartad  tW  niillM  ■! 

I  adband  to  Iho  anaiaiai  thamf.  U  «ad«  fawafahli  of  aay 

■  af  jwlintan  or  oAeo,  tvnrda  tha  tav  »■—  ar  altfl: 

I  tbiU  all   Baijaaala,  Coaaaallon  aad  AttocMn  DHtMft. 

nUvnaalaa  and  Pnaton  of  tha  law  »■■»  ar  atrO,  ^m  hat* 

daaartad  tha  Parilaakoat  aad  adharad  ta  tha  mmiAm  Amwti. 

banado  iaeafsUo  af  aajr  praatlea  ia  Iha  lavnaaoa  ordrtL 

•Uia  or  ia  privala:   aad  that  ihor.  >ad  Mha»iw 

aU  Bfabo^.  Ckrgjmn.  aad  oihar  aaalaaloitiMi  | ate 

hara  daMtlad  tbo  hr&»ont  aad  adhand  to  tha  Moafaa 

I)  Mt  ha  tapahia  nt  asj  piifciawt  ar  oaajiliijawi, 
•Hhor  ia  Charoh  «r  OaBBoawoalth,  withoat  tha  advioo  aal 
•  if  hath  BoMw  or  IMiaaML 
tL  Thapiwaaaofanothatatobofraaof  alia 


1644!  The  Propositicnts  of  Uxbridge  281 

notwithstanding  any  act  or  thing  done  in  or  concerning  this 
war,  they  taking  the  Covenant. 

vii.  The  estates  of  those  persons,  excepted  in  the  first 
three  preceding  qualifications,  to  pay  public  debts  and 
damages. 

viii.  A  third  part  in  full  value  of  the  estates  of  the  persons 
made  incapable  of  any  employment  as  aforesaid,  to  be  employed 
for  the  payment  of  the  public  debts  and  damages,  according 
to  the  Declaration. 

ix.  And  likewise  a  tenth  part  of  the  estates  of  all  other 
delinquents  within  the  joint  Declarations;  and  in  case  the 
estates  and  proportions  aforementioned  shall  not  suffice  for 
the  payment  of  the  public  engagement,  wherennto  they  are 
only  to  be  employed,  that  then  a  new  proportion  may  be 
appointed  by  the  joint  advice  of  both  kingdoms,  providing  it 
exceed  not  the  one  moiety  of  the  estates  of  the  persons  made 
incapable  as  aforesaid,  and  that  it  exceed  not  a  sixth  part  of 
the  estate  of  the  other  delinquents. 

X.  That  the  persons  and  estates  of  all  common  soldiers, 
and  others  of  the  kingdom  of  England,  who  in  lands  or  goods 
be  not  worth  £200  sterling;  and  the  persons  and  estates  of 
all  common  soldiers,  and  others  of  the  kingdom  of  Scotland, 
who  in  lands  or  goods  be  not  worth  £100  sterling,  be  at 
libeiiy  and  discharged. 

xi.  That  an  Act  be  passed  whereby  the  debts  of  the  king- 
dom, and  the  persons  of  delinquents,  and  the  value  of  their 
estates  may  be  known ;  and  which  Act  shall  appoint  in  what 
manner  the  confiscations  and  proportions  before  mentioned 
may  be  levied  and  applied  to  the  discharge  of  the  said 
engagements. 

15.  That  by  Act  of  Parliament  the  subjects  of  the  kingdom 
of  England  may  be  appointed  to  be  armed,  trained  and 
disciplined  in  such  manner  as  both  Houses  shall  think  fit, 
the  like  for  the  kingdom  of  Scotland,  in  such  manner  as  the 
Estates  of  Parliament  there  shall  think  fit. 

16.  That  an  Act  of  Parliament  be  passed  for  the  settling 
of  the  admiralty  and  forces  at  sea,  and  for  the  raising  of  such 
moneys  for  maintenance  of  the  said  forces  and  of  the  navy,  as 
both   Houses  of  Parliament  shall  think  fit;    the  like  for  the 


ConstituticHal  Doamunts 


!•« 


Irigf^ifTii  af  BmUuid,  in  mcIi  ■■■■tr  ■■ 
OMBt  tkn«  dvll  tUnJi  fit 

17.  An  Act  fbr  Ike  wttUBg  of  aD  tanm  bolli  hf  mm  wmA 
hod,  Ib  riwiiMiiiiwi  to  U  i>wi>»UJ  l^  \tik  BmM*  af 
PariiaHMt,  of  panns  of  haova  iatofritx.  Mid  mmIi  m  Mb 
kuvdnns  My  coiAda  ii  for  lUIr  bhlifalaM  b.  rriicM 
Md  paw*  orik  UaffdoMM  of  tb«  How*  «f 
Ftaan,  Mid  itf  tW  B«w»  rf  CbmMt.  «h«  lUII 
U  nvond  or  illarad  Cn«  ttn*  to  tin*  m  bodi  Homh  •Ml 
think  It;  Mid  wInb  aay  lUl  dit.  Mbm  to  bi  igwlitid  im 
tWr  phm  bf  tlw  aU  BoMi  vkieb  r ii  i dwH 


(i>To> 
UooM*  of  nu^iuwnt,  or  ta  lb*  iMcmfa  of  1 
wiUxMt  cooMit  of  Uw  wU  CtamUaiHiM*,  b>  Uk  dJ^Bitaiw 
«r  tba  poUic  p«Ma  of  Uw  Uagdoafc  aad  to  Mffna  ^mf 


I  aaj  wlw  •kftU  In;  u^j  ii 
iBt.  to  tU  dktariMM  af  tka  pOlit 
ttd«r  tht  Qnat  ^ 


•UQ  b*  higk  \nam 

Hdh  sallMici^  or  « 

peMB  «f  tbi  hufda 

or  varruit  to  Um  omilmy  notwilbihindtaf.  uul  tHvy  to  W 

inca|»U«  of  uj  pudon  bnai  Hu  M^jwtf,  Md  tbcir  wtotoi 

U  bo  dufiDMd  of  M  Urili  Hown  of  PlHtiUHiit  *hdl  thioh  flL 

(ii)  Ta  prownfi  tbo  peac*  nw  to  bg  wUImI,  ud  to  fHfw* 
Mil  dutorbuBP  af  tb*  ptbba  pMci  tint  W17  mSm  by  inrnl  ■ 
of  tb«  UU  tnMblw:  w  br  tb*  kufdon  of  HMtkad. 

(iii)  Tb  ban  |«mr  to  wmA  put  of  tbaawtTw,  ••  00  tbiy 
•MMd  Ml  a  tbird  pnt  or  ba  Ht  mdv  tba  wbw  af 
to  rwida  la  tha  H^dw  af  Bi  II  ^ 
to  MHit  aaul  fnto  m  itniW  pwaaao  wHb  tho  OoMBhataaan 
of  Beotlaad  ia  Ibaoa  BMttar*  wbrnlii  tba  Ungdon  of  Wruhad 
■a  U1I7  (HMMMd :  bEdt  UHki^dowafBntkBd. 

<{v)  Tlwt  tba  CowMnam  of  bo(b  kfa^dnw  aay  Maai 
M  a  jotat  CoMsiUia,  m  tboy  obaU  tm  aa 
of  tbwMalTM  M  tSanmiA,  to  do  la  fellowrtb: 

(i)  Ta  prowrro  Iba  pHca  b«twMa  tba  UogdaHi 
KiaK,  aod  trcfy  mm  of  tbni. 

(ii)  Tb  pr««««t  Iba  viaUUea  of  tba  ArticlM  of 
1,  or  any  tiaabka  oriai^  ia  tba  kiagdaow  by 


1 


1644]  The  Propositions  of  Uxbridge  283 

the  said  articles,  and  to  hear  and  determine  all  differences  that 
may  occasion  the  same  according  to  the  Treaty,  and  to  do 
further  according  as  they  shall  respectively  receive  instructions 
firom  both  Houses  of  Parliament  of  England,  or  the  Estates  of 
the  Parliament  in  Scotland,  and  in  the  intervals  of  Parliaments 
from  the  Commissioners  for  the  preservation  of  the  public  peace. 

(iii)  To  raise  and  join  the  forces  of  both  kingdoms  to  resist 
all  foreign  invasion,  and  to  suppress  any  forces  raised  within 
any  of  the  kingdoms,  to  the  disturbance  of  the  public  peace 
of  the  kingdoms,  by  any  authority  under  the  Great  Seal,  or 
other  warrant  whatsoever,  without  consent  of  both  Houses  of 
Parliament  in  England,  and  the  Estates  of  the  Parliament  in 
Scotland,  or  the  said  Commissioners  of  that  kingdom  whereof 
they  are  subjects ;  and  tliat  in  those  cases  of  joint  concernment 
to  both  kingdoms,  the  Commissioners  to  be  directed  to  be  all 
there,  or  such  part  as  aforesaid,  to  act  and  direct  as  joint 
Commissioners  of  both  kingdoms. 

(iv)  To  order  the  war  of  Ireland  according  to  the  Ordinance 
of  the  nth  of  April,  and  to  order  the  militia  to  consenre  the 
peace  of  the  kingdom  of  Ireland. 

18.  That  His  Majesty  give  his  assent  to  what  the  two 
kingdoms  shall  agree  upon,  in  prosecution  of  the  articles  of  the 
large  Treaty,  which  are  not  yet  finished. 

19.  That  by  Act  of  Parliament  all  Peers  made  since  the  day 
that  Edward  Lord  Lyttelton,  then  Lord  Keeper  of  the  Great 
Seal,  deserted  the  Parliament,  and  that  the  said  Great  Seal  was 
surreptitiously  conveyed  away  from  the  Parliament,  being  the 
2ist  day  of  May,  1642,  and  who  shall  be  hereafter  made,  shall 
not  sit  or  vote  in  the  Parliament  of  England,  without  consent 
of  both  Houses  of  Parliament ;  and  that  all  honour  and  title 
conferred  on  any  without  consent  of  both  Houses  of  Parliament 
since  the  20th  day  of  May,  1642,  being  the  day  that  both 
Houses  declared  that  the  King,  seduced  by  evil  counsel,  intended 
to  raise  war  against  the  Parliament,  be  declared  null  and  void. 
The  like  for  the  kingdom  of  Scotland,  those  being  excepted 
whose  patents  were  passed  the  Great  Seal  before  the  4th  of 
June,  1644. 

20.  That  by  Act  of  Parliament  the  Deputy  or  Chief  Governor, 
or  other  Governors  of  L'eland,  be  nominated  by  both  Houses  of 


I 


Conatittthonnt  Dofvmtnix 

PkrliuwBt.  or  id  lk«  EMltrv*!*  of  IVtiunmi  bj  (Im>  Cammm- 
tiootfs,  1o  cmliiHM  i)nriii(  iIm  plnmra  «f  Um  Hid  IIihmi.  «r 
in  tba  iptomb  of  ParliwHst  daiillft  ika  ylwiw  af  tka 
■AnoNaticNwd  CoaniaiaMn,  ta  b*  ftpprarcd  or  iHwIlwrf 
\tf  boih  Hmmm  tt  lh«r  tint  nltinK.  And  tk^  tfca  CliMwIlw 
or  LaH  KMptr,  Lord  Tnubw.  CuwBiaiafwra  of  iW  OiMt 
SHlarTNwnry.UrdWwdcniirtbf  Cin^M  EWta,  C^Mrfkn 
of  Um  Esdwqwr  and  Dnky,  SeenUrr  of  Suia,  Jad|pa  i< 
both  BnchM,  utd  sT  tlw  Exe)M«|«a-  oC  Uw  ktafdom  af  Bm^mJ 
Mid  Inknd,  W  nfomutod  t^  both  Hotum  i]f  I^rWawMt.  tm 
contiaw  f«MM  Jm  «  hmn  ftmmimt,  aaA  in  tha  iattmit  J 
hrliaoMBt  bf  tbi  ttlat  lautiawd  OoaawailMMn.  ta  ba  ayptwwl 
ardnlknradbjrboUtHBOMBalUwirMUiiUiBf ;  Um  lib*  far 
Um  biagdiM  «r  SnUud,  adAi^  Iba  Jutka  OMml,  aad  la 
■Mb  Muar  H  Um  EatatM  IB  FkrUuMMt  tbm  ahidl  UMl  Cl 

■  t .  Tbal  br  Act  of  PwlfUBaat  lb*  adMabon  of  jov  H^fMljr^ 
rbiUnoi,  Md  Um  abDdivB  of  ytnr  bnn  and  aotaanan,  b«  !• 
Um  Iraa  Pntwtaiit  r«ligioB,aBd  UmI  thtir  intsn  ud  gwiwuia 
ba  nf  baom  ultfrJty,  sad  b*  eboan  bj  Iba  RufiaaMls  tt 
hath  Uagdaan^  or  in  tb«  imorrxh  «f  Pu-luuBMitt,  hf  tba 
■fgrMMawd  Cnmmimioaen,  tn  ba  appraml  »r  duallawwd  bf 
betb  IWHuMnta  ■!  Umif  naxt  attling.  Awl  (bM  if  Ibay  W 
■Mkithajba  laaniad  tomcb  oaljraa  onaf  Um  bnaPnilwlHC 
nUgion,  if  tbay  ba  Inwin,  Umj  mtj  mo*  ba  aamid  bat  «ritb 
tba  ■Mea  «ad  MMCBt  of  betb  PBrihaMrU,  or  U  tW  iatawb 
of  PariiaaMMt.  rf  tiwr  Ommdt^katn. 

aa.  TW  7«ar  M^aatj'  will  fin  yrar  roTMl  wmmM  ta  aak 
nj*  u4  nttm  aa  tba  ParHaawta  of  hatb  blagiwi  iMI 
Ibinb  Attiiif  br  Um  onitiaff  of  tba  Pf«lN«ul  priaoa,  oad  fe 
tba  aatirt  mUtrtiua  aad  la  latabbabwMnl  of  CWJai  UJawfah. 
Priaea  daaUr  Pkkliat, Ua  bain  mi  aaiiMiii. ta  Ua  akriural 
difai^,  rifhla  aad  diaitalii.  profUad  l^t  tUa  titaad  m*  ta 
Mm  Bi^  or  Priaao  Maariw,  ar  tba  diOdra  af  ahbw  «f 
I  af  aa  « 


ty  Tbal  by  Aat  of  pMliaaMat  tba  caaalaili^  afp 
■Ub  feraita  Priaaaa  ud  Stalra.  b*  witb  ad«i(«  a  ' 
r  ia  Um  ii4amk  i-f  I'arlfa 


1644]  The  Propositions  of  Uxbridge  285 

24.  That  au  Act  of  Oblivion  be  passed  in  the  Parliamenta  of 
both  kingdoms  respectively,  relative  to  the  qualifications  in  the 
propositions  aforesaid,  concerning  the  joint  Declaration  of  both 
kingdoms,  with  the  exception  of  all  murderers,  thieves,  and 
other  offenders  not  having  relation  to  the  war. 

25.  That  the  members  of  both  Houses  of  Parliament,  or 
others,  who  have  during  this  Parliament  been  put  out  of  any 
place  or  office,  pension  or  benefit,  for  adhering  to  the  Parliament, 
may  either  be  restored  thereunto  or  otherwise  have  ricompeube 
for  the  same,  upon  the  humble  desire  of  both  Houses  of 
Parliament.     Tlie  like  for  the  kingdom  of  Scotland. 

26.  That  the  armies  may  be  disbanded  at  such  time  and  in 
such  manner  as  shall  be  agreed  upon  by  the  Parliaments  of  both 
kingdoms,  or  such  as  bhall  be  authorised  by  them  to  that  effect. 

27.  That  an  Act  be  passed  for  the  granting  and  confirming 
of  the  charters,  customs,  liberties  and  franchises  of  the  City  of 
London,  notwithstanding  any  nonuser^  mistMer,  or  abtuer.  That 
the  militia  of  the  City  of  London  may  be  in  the  ordering  and 
government  of  the  Lord  Mayor,  Aldermen,  and  Commons  iu 
Common  Council  assembled,  or  such  as  they  shall  from  time  to 
time  appoint,  whereof  the  Lord  Mayor  and  Sheriffs  for  the 
time  being  to  be  there.  And  that  the  militia  of  the  parishes 
without  London,  and  the  liberties  within  the  weekly  bills  of 
mortality,  may  be  under  command  of  the  Lord  Mayor,  Aldermen, 
and  Commons  in  Common  Council  of  the  said  City,  to  be 
ordered  in  such  manner  as  shall  be  agreed  on  and  appointed  by 
both  Houses  of  Parliament. 

That  the  Tower  of  London  may  be  in  the  govemmeut  of  the 
City  of  London,  and  the  chief  officer  and  governor  thereof  from 
time  to  time  be  nominated  and  remoTable  by  the  Common 
Council. 

That  the  citizens  or  forces  of  London  shall  not  be  drawn  out 
of  the  City  into  any  other  parts  of  the  kingdom  without  their 
own  consent,  and  that  the  drawing  of  their  foices  into  other 
parts  of  the  kingdom  in  these  distracted  times  may  not  be  drawn 
into  example  for  the  future. 

And  for  prevention  of  incouTeniences,  which  may  happen  by 
the  long  intermission  of  Common  Councils,  it  is  desired  that 
there  be  an  Act  that  all  Bye-laws  and  OrdinanoM  already  made 


CoHsitiuttimal  Dixumtnts 


1 


r 


or  hwMftor  to  W  oMik  bjr  lh>  Urd  lUyv, 

CmaoM  fai  OnmMM  CtencU  ■w«iibUil.  kmchl^  tiw  ■lUi^ 

eoatimbg,  iiimAmg  wd  nfaUtlMft  of  ihm  hum,  itell  ba  m 

«fi>twi  in  k*  to  all  iaUala  mk  pupoM,  m  if  tlw  «at  vara 

rutiadul;  «aMlMl  by  tW  utlMrily  oT  P 

tU  U»d  Ibjor.  AUoan,  ud  Oa 

M)*  Adrf  to  ornpMJ  Um  nU  OtiUhmm  Cm  tiw  to  Um  m 

Umj  ^mD  w*  fluan. 

TW  a^  othar  prapoHtiDM  aa  aUl  U  a^  ft»  tW  CS^ 
fat  tb^  fwtbtr  mMj-.  v*lAr»  aad  fmraMid,  ud  «WI  W 
B|i|wvnd  of  br  boUi  Hooaaa  af  Pariia^aat.  aay  W  gnatad  mmi 
aadbaaad  bjr  Aal  of  ParUaMut 


•t.  Tub  Kixa'a  PaoaoRnon  ro  n  sun 

UXIUBAB. 

HwI  Hii  U^iMty*!  own  ravaniM.  iiwuaiiiiw 
ud  ikipi^  wyeb  tiavi  baan  tekan  «r  hayt  frva  Ua  hf  fana, 
W  fcrtlnrith  raatwad  mto  bin. 

1.  TU  w^ataotvar  batb  baas  doM  or  fbtiahad  eaatraaj  to 
tiM  knova  lava  af  tba  bad,  or  JwafatoiT  to  Bia  Uaj/rnkf'* 


J 


tlwt  M  aaad  anj  nuls  Car  Um  Uto  to  apuif  oat  af  br  th* 

).  Tlwt  wbaboavcr  illagal  powai 
caaraiaad  \j  or  mar  hia  aahjaaH  aa  ii 
daatb  iMr  pataeaawHlwal  Urn,  atopfim  tbairifaftaaa  CWpaaM. 
Md  bapoMSff  aiMi  iMr  aatolaa  withaol  A«t  gf  hfUftMet.  te^ 
«UW  bj  boUi  V  aitW  HoaM,  ar  aay  Oi«mHtoe  of  hrtb  ar 
aitbar,  or  by  aajr  paraoaa  appoiatad  by  aajr  ttf  Ikaa,  ba  4^ 
daiwid.aad  aD  aaali  patwaaaaai 

4-  Tbat  aa  Hk  U^aMy  hath  ahnya  pnfa«ad  I 
to  that  parpoaa,  M  ha  will  BMNk  ebawfaUy  aeMMl 
Ada  to  ba  aada  far  Iha  aappraaaioB  af  Vrnjarj,  ■ 
flnaar  laHUat  af  tha  Pniaatoal  raliflaa  aatobOdbaa  I 
■a  alaa  Ihat  a  goad  BUI  aqr  ba  IraMi  far  Iha  batlar 
af  tha  Baeh  of  OMnm  nr«|tr  ftw 


1645]  The  Self-Denying  Ordinance  287 

that  another  Bill  may  be  framed  for  the  ease  of  tender 
couBcieuces,  in  such  particulars  as  shall  be  agreed  upon.  For 
all  which  His  Majesty  conceives  the  best  expedient  to  be,  that 
a  National  Synod  be  legally  called  with  all  convenient  speed. 

5.  That  all  such  persons,  as  upon  the  Treaty  shall  be  excepted 
and  agreed  upon  on  either  side  out  of  the  general  pardon,  shall 
be  tried  per  pareSy  according  to  the  usual  course  and  known 
law  of  the  land,  and  that  it  be  left  to  that  either  to  acquit  or 
condemn  them. 

6.  And  to  the  intent  this  Treaty  may  not  sufiPer  interruption 
by  any  intervening  accidents,  that  a  cessation  of  arms  and  free 
trade  for  all  Uis  Majesty's  subjects  may  be  agreed  upon  with  all 
possible  speed. 

Given  at  the  Court  at  Oxford,  the  twenty-first  day  of 
January,  1644. 


()3.    The  Self-dbntino  Obdinance. 

[April  3,  1645.     Rushworth,  vi.  i6.    See  Great  Civil  TTnr,  ii.  188-191.] 

An  Ordinaiice  of  the  Lordi  and  Commons  assembled  in  Farlio' 
mentf  for  tlie  discJutrtjing  of  tJie  Members  of  both  Houses 
from  all  offices^  both  military  and  civil. 

Be  it  ordained  by  the  Lords  and  Commons  assembled  in 
Parliament,  that  all  and  every  of  the  members  of  either  House 
of  Parliament  shall  be,  and  by  authority  of  this  Ordinance  are 
discharged  at  the  end  of  forty  days  after  the  passing  of  this 
Ordinance  ^  of  and  from  all  and  every  office  or  command 
military  or  civil,  granted  or  conferred  by  both  or  either  of  the 
said  Houses  of  this  present  Parliament,  or  by  any  authority 
derived  from  both  or  either  of  them  since  the  20th  day  of 
November,  1640. 

And  be  it  further  ordained,  that  all  other  goyemors  and 
commanders  of  an  island,  town,  castle  or  fort,  and  all  other 
colonels  and  officers  inferior  to  colonels  in  the  several  armies, 

'  In  the  first  Ordinanoe  tent  up  by  the  Commoni  on  December  lo,  1644, 
and  thrown  out  by  the  Lords  on  January  13,  164I,  members  of  either 
Houses  were  absolutely  disqualified  from  serving. 


288 


Con>titut:i»nal  Documenh 


.  &*s 


lint  U  iii^'  tiifiit)M-i.>.  Ill'  I  It!. It  •'{  tlii*  IIoi.hc  «>f  Tikri  amiitt.  ir^.I. 
.i<  I  i-i'iliiu'  til  ill*  if  ii-]iitt.\i'  i->-iiiiui  ^i  ii!i.  1*  .i.tiLUf  ixi  iL^.i 
^•vcint  I'!  !•  •'-  tiii-1  CO  iiiii.iii>l<*.  wii'ifi:.  ti.i-v  Mri*  «m]-!  \*r\  \  -i 
ilitr>>  t' il  *iii  .-Q'h  i!.i\  n!  M.ilili.  l'-44  .!»  if  t  .;%  <>::::..i:.  r 
111  I  lit  iiMi  II.  I  !•■  Alii  ti..it  tl.t'  v:i  ■■  .1'lniii.i',  tear  «i  :..  a. 
i.'l  nil  •  rif  I   ii|t.t-if>  .11.1  •tl.'T  II  ir  i'<i   •  ;h  vr»  iii  ti.r   :'  •  r 

•  1  .i!l.  .i'"«*-:'':i;Lr  ti'  'li'T  -•.•r.ii  .i:.  i  rt'Ji'''l.»"  ri-iii:.  !•■  .{.*. 
i'i.*ii.'f  III  t'.fii  ^■v•l.t!  )-l.i- t-.  Aii'i  C' liriMit  i«.  wi.rfit:.  \\tt y 
\\<  ir  r:i.|<!  \r  1  .kh-:  i:*i.i^i<  i  tip  !t.ii<l  .*Ct!t  •i.ir  'f  MatC'..  .•  ;f 
tfll^  *  •: -ii;  :ii.i-«    li.i  I  li--!   i- i-li  n..i  :•  . 

li  x.'ii'i  .iIm  \-.  ii.  1  It  I-  !'.iiili*r  «  r-l»i:.'-l  .m.*!  ilcv'iAri«i 
tli.it  iliill..:  ll.i-  %«.il.  t}i*  )••■:. I  !it  i-t  all  ••*':••-.  UiiJh*  :.«  .ti.rr 
\  \.\^.\\\  Il  1  :i>ii>  il.  !f:i'ilTir  t*<  l>'-  u'l-n-tt*!.  "r  ai.\  «a\  t<<  be 
,i|  )•  :!.ti"i  til  itiiv  1 4 1  -  ii.  •  r  |h  r-i  11"  It.  )-'ili  'I  ritti*  r  n<.-u»<  -/ 
r.ii  .1  ii.ri.t. 'ir  l\  .lii'ii  .!'•  •l*M\>il  ;i  111  l!.i  lii'i  ,  •h.kli  ^*  %i^\ 
II. till  til  Pill  it  |>  .! '.:■'  'ii-c"  !%.»  Ik'IK  II  -.  i«  ••!  r.irliJiiiM'i.t  »:.a.I 
r%]  I"  111'         Aii'i    *.ijf    i.'i.i:.'''«    Kli'I    |"i->M    r\iiut;ii»'    *l!    •.   h 

•  ir.it'*  ••i.:il  )  I- .i>'i'< '.II.' i'  r  T>-  :!.•  r:\riikiiiri.t  f  •!  Ai!  tljr  |ir*:;'.« 
.It  •!  )>rii[<i  -  !•  9  ;!ii  II  •  !  .Ml  I  >l..t.l  it.i^c  If!  |i.i:i'.  •  ut  <  f  «:.«  t  .(.h 
I  :;.i  •  'til.  ;i..ki.  :i  «;  :.  ]  -ti.*  - 1.  ..•  .  !•  r  t:i«  ^i-4U*t.-:.  -f  the 
:  tii.t .  II)  --i  il  lii.t;.:.*  r  .1*  I- tii  II  •  i"  ^  •  f  rAil.AZiifiit  hI.aII  ^ricr 
rfi.'l  '  r  i.i::.. 

Il    \,li<l    Milt    tl..^    I'l!.:.!:    ••      I.  »:i    I. 'it     ritrt..!    ti     tftkt 

•tM  A\     '!.'■    I     ''i;     ..I.!     .iUli.>M!\         t     .11.  k     L!tU!'ltAIl>%     ••r    1^'l'^tT- 

«  i  •  •  ■  ■  • 

I.  I  .'i  I.i:.- V  ih  t  :<■  ■■^'iii  <  "Uii*;v,  I  itu."  •!  |Ui'>p.  '-r  •■(  at.r 
'  u*;' «  i.   'id-     ."I  •■!  ■-:  .ii-v  ('  -.w  .  i-oi  ■:.  t>  I  .lu-t.i   «  .f  !'««•«.  ^^r 

r»viri-.     ■!     .11.^1     I'   l;i:i  •"■.'■'.       t    "-.•'''    a:.  1     I^riitmr''.    «r    «:*04* 

I  I    ..:    i.i!vi.i\<.  .ii.  i  .t  i<  i.i  ri  i  .- -ir- l.iii«i.  li.Ai  ti.'-fr- iu<*mb*n 

ft 

■  :  'I'll'  il  ..-•  m'.  •  il  I'l  tfi.'-  Vv  ^'X.\:.t  fr  :!i  tin  .M«|<«fj 
)  !■  :  •  *:..  I '.I*  :i:u-i.!.  .i;.  i  \%>:>  \x  lii»  M  «;•■•(>  •ii»|lftrr<d 
*i'M.  .■  •':.  '  I  i! ..  I...- i.t  ..:.  i  '  .»\f-  •::.  r  \\  »'.2tl.>>  i!^  .f  U<h 
H  •;  •  I  •:.:■'  ;t  i  ;..»..•  \  •  ■.:•  i  »r'l;:..i;.f ^  !■  ii;fti'fkAri:T<i 
:j     ..   •.'.•■::    *ri   ■■:'.   •«  .-i    p    r.r^    ''.rri*  l".    i  u!    *!.%ii    «■  ."^'J    U^ 

•  .    .         t.  •*.    ....     ;;.    ti.it    ' 'I  .:...i:.i.i.     t       t:.«    C"L'.r»rr    th«r«vf 


li.     h^«a*flaAl>      ■■ 


1645]  The  Negative  Oath  289 


G4.     The  Negative  Oath. 

[April  5,  1645.     Rushworth,  vi.  141.] 

An  Ordinance  of  the  Lords  and  Commons  assembhd  in  Parlia- 
ment.for  enabling  the  Commissioners  of  the  Great  Seal,  and 
the  other  Committees  in  their  several  CourUieSj  to  tender  an 
Oath  to  all  such  persons  of  what  degree  or  quality  soever, 
that  shall  come  in  to  the  protection  of  the  Parliament. 

Be  it  ordained  by  ihe  Lords  and  Commons  in  Parliament 
assembled,  that  all  and  every  person  of  what  degree  or  quality 
soever,  that  hath  lived  or  shall  live  within  the  King's  quarters, 
or  been  aiding,  assisting  or  adhering  unto  the  forces  raised 
against  t)ie  Parliament,  and  hath  or  shall  come  to  inhabit  or 
reside  under  the  power  and  protection  of  the  Parliament,  shall 
swear  upon  the  holy  evangelist  in  manner  following : 

'  I,  A.  B.,  do  swear  from  my  heart  that  I  will  not  directly  or 
indirectly  adhere  unto  or  willingly  assist  the  King  in  this  war, 
or  in  this  cause  against  the  Parliament,  nor  any  forces  raised 
without  the  consent  of  the  two  Houses  of  Parliament  in  this 
cause  or  war.  And  I  do  likewise  swear  that  my  coming  and 
submitting  myself  under  the  power  and  protection  of  the 
Parliament,  is  without  any  manner  of  design  whatsoever,  to 
the  prejudice  of  the  proceedings  of  the  two  Houses  of  this 
present  Parliament,  and  without  the  direction,  privity  or  advice 
of  the  King,  or  any  of  his  Council  or  officers,  other  than  what 
I  have  now  made  known.  So  help  me  Qod,  and  the  contents  of 
this  Book.' 

And  be  it  further  ordained  by  the  authority  aforesaid,  that 
the  Commissioners  for  keeping  of  the  Great  Seal  of  England 
for  the  time  being,  shall  have  power,  and  are  hereby  authorised 
to  tender  and  administer  the  said  oath  onto  any  peer,  or  wife 
or  widow  of  any  peer,  so  coming  to  inhabit  as  abovesaid. 

And  it  shall  be  lawful  to  and  for  the  Committee  of  the  House 
of  Commons  for  examinations,  the  Committee  for  the  militia  in 
London,  and  all  Committees  of  Parliament  in  the  several  counties 
and  cities  of  the  kingdom,  to  tender  and  administer  the  said 
oath  unto  every  other  person  so  coming  to  inhabit  as  abovesaid : 
and  if  any  person  (not  being  a  member  of,  or  assistant  unto 

u 


99^ 


Ctwsftfunopinl  Ih^ummts 


[1649^ 


**ithrr  nf  tlii>  M'-'un-i  nf  tLi  r:itli.iriifi.t )  A.%\\  r*-tiiM'  ir  iM-tfl^vt 
X**  t.ik<  til*'  siiil  \-\\\\  -iiilulv  trii«lfr"i  iiiit'i  liiiii  >'>r  hrr  an  afnvr- 
Hiiii).  tlif  xnul  <  *>>iiiiiiir*'>i..|]t>rh  iiml  ( '«>iii:nittri>-  rr»|wi-tiTfIy  tha*! 
K\\*\  iiin>  roiiiriiit  thi-  ^Ani^-  |  er-4iii  tn  ^•  ii.r  |  r  n-'ti  thrr«»  ti<  rrrnAir. 
withxiif  liail  i-r  inaiLpri/r  uii*il  ir  ■h«ll  mitfi'mi  (hriYuiit'i. 


Til. it  t'l.  <'-i'itt  1!  NV.i».U  iiii'l  liivrrp*.  iiii<i  \\\  vi-^r  !«Lij'«. 
Iivirif-  jntti'r  ^'i*i  n  .i':-i  f*iMtfr  I'M  ffi<itpi#.  am!  aU  ••!*  rr 
rh.irL'*'-    iiH  I'ifTit    t-r    .iri^iiic    f-r    «<r    l-y    rri%*i>ii   of    «iiri*lii|M 

liviTV    Jftt,f<   ••i«'H    t.f  'Uaf^r  /»  •    ■ii-riin.    Iif   'nilll    tl»i«   «!,»?   IftkrO 

thrp '.:iitu.  I4*  likfwi  ••  f  I'm  n  .lunv;  nini  tliAt  nil  t«*nt:rv«  kvt 
kni^'tit  •itrvi.f.  iitKi-r  •«•  Hi^  Miw*ty  f»r  fllirr*  i-r  )•>  kni^^it 
!irn*:  •■   'f  -•  .1/1-  Fi  '•  1^  rf*-  I  f  M:-   Miijrty  ♦•••  iiiri,t<l  n.ti'  ?rr* 

ni;-l    lOMi}:!!.!)    S'*< ML*' 


•".I.     Tim    I'i.i»i  •-iTr- \-  -n    im    ||..- ..m  -k^t  T'*  the   Ki!v*« 

M     N  I  W  •  A-  I  I  » 


'  .Mr 


•* 


*.•*■: 


\Vi  r).f  I..  I  |.  :ui  )  (  •»inin>  ii«  n-flriiiM^l  in  thr  l'ArI:iin>-t>t 
I'!  ].:k'•»^i  Ki  t^•-  I.  I' ■•  (till  •>:>  tin*  (••halfitf  t)ir  kintf^ltMn  (.<( 
1  I.. !  :  .1:  i  li>..ii.i  :ii.'i  ri.r  I'  nriii-M>Mi*  r«  •!  t)if  I'jirliAmrnt 
!•:  ^  •!  ■.  i  :■.  •!..  I  r  .:..!  i.  tij.-  U  l.alt  i.!  th.-  k:i.fc-.ltiii.  ..f 
>».*.i:.'i.  !-.  I.MM>''1\  |i.«ri.t  'ir-ti.  \iiir  M  ii^'y  X'tit  humUr 
i|t'»:!t--  .1:.  i  j:  ;■•!?:  I.-  f  :  ..  «.af»-  a:  •{  ur!l-^'n>'.ii.tl>-<i  |irAnp. 
.it'itf  :  t;|...:.  ).y  fi.,.  Iv,:J  »;;;  :».  ,.f  |,,t|j  kii.*r  i-  ■!■•  rr«|ef!i¥M\, 
'.  '  w'  !  ^*t  ■!■■  Jl.iv  \  ::i  \!  1  .  -tv  ^  «■•.•;!  .MiA  O-aX  '.hry, 
■*•    !  -  ;    '.     r.  .!■    .»*     ■]  •%   .     It      ri;  .|t-:i-  1    •   ■     i..;ir      '!%?•-••%     m 


1646]  The  Propositions  of  Neivcastle  291 

enacted  for  Statutes  anil  Acts  of  Parliament,  by  yoar  MajeBty's 
royal  aesent,  in  tlie  Parliament  of  both  Icingdoma  respectively. 

I.  Whereas  both  HotueB  of  the  Parliament  of  England  have 
been  necessitated  to  undertake  a  war  in  their  just  anit  lawful 
defence,  and  afterwards  both  kingdoms  of  England  and  Scot- 
land joined  in  solemn  League  and  Covenant  were  engaged  to 
prosecute  the  same ; 

Tliat  by  Act  of  Parliament  in  each  kingdom  respectively,  all 
oaths,  declarations  and  proclamations  heretofore  had,  or  hereafter 
to  he  had,  against  both  or  either  of  the  KooEes  of  Parliament 
of  England,  the  Parliaments  of  the  kingdom  of  Scotland,  and 
the  Inte  Convention  of  Estates  in  Scotland,  or  the  Committees 
flowing  from  the  Parliament  or  Convention  in  Scotland,  or  their 
ordinances  and  proceedings,  or  against  any  for  adhering  onto 
them,  or  for  doing  or  executing  any  office,  place  or  charge,  by 
any  authority  derived  from  them ;  and  all  judgments,  indict- 
ments, outlawries,  attainders  and  inquisitions  in  any  the  said 
causes ;  and  all  granla  thereupon  had  or  made,  or  to  be  made 
or  had,  be  declared  null,  suppressed  and  forbidden :  and  that 
this  be  publicly  intimated  in  all  parish  churches  within  His 
Majesty's  dominions,  and  all  other  places  needful. 

3.  That  His  ]tlajesty,  according  to  the  laudable  example  of 
his  royal  father  of  happy  memory,  may  be  pleased  to  swear  and 
sign  the  late  solemn  League  and  Covenant ;  and  that  an  Act 
of  Parliament  be  passed  in  both  kingdoms  respectively,  for 
enjoining  the  taking  thereof  by  all  the  subjects  of  the  three 
kingdoms ;  and  the  Ordinances  concerning  the  manner  of 
taking  the  lame  in  both  kingdoms  be  confirmed  by  Acts  of 
Parliament  respectively,  with  sach  penalties  as,  by  matnal 
advice  of  both  kingdoms,  shall  be  agreed  npon. 

3.  That  a  Bill  be  passed  for  the  utter  abolishing  and 
taking  away  of  all  Archbishops,  Bishops,  their  Chancellors 
and  Commissaries,  Deans  and  Sub-deans,  Deans  and  Chapters, 
Archdeacons,  Canons  and  Prebendaries,  and  all  Chaunters, 
Chancellor?,  Treasurers,  Sub-treasurers,  Succentors  and  Sacrists, 
and  all  Vicars  Choral  and  Choristers,  old  Vicars  and  new  Vicars 
of  any  Cathedral  or  Collegiate  Church,  and  all  other  under 
officers,  out  of  the  Church  of  England  and  dominion  of  Wales, 
uud  out  of  the  Church  of  Ireland,  with  such  alterations  con- 


f'onstitutumni  lhHU99tf9tts 


■6«6 


I'rriiiii^   !•'•    • -tal••^  i-f   I'r- lutt*.  .»-  -Iitll   j\.'r»f  \Mtli  tKr    Arti<-!«-« 

|if  till-   !iltr  Tri.it\  iif  til*    «i  ^S      it   K'lilil't.f  L'^.  NnVriiiUl    2i»     l'*f  1 

Aliil  jiiilit    i 'rr\il:iTi--|i  i*   ii<it}i   k  ll:u'ii<iM)P 

4.   'Mint    tlii    Miilii  k   I-  >    I   -ill  ill  II.'  t'r.i'   • -t.ilrii;   a'*'1   'it^ir  c 

o!  tl.«-  .\-*'lr.' ly  •  f  I  h\  i:  ■  *  I ntfii      i  ^^    A- t  'if  rftrii»T:i«-i.< 

;.     Till*    ii'*'.  !:  .  t'l-r     .'    n  1  .•:   I     .i- •    r-liii;.'   !•■   t*  .    <'••»•■!. \x.» 

)•■  M  Mil  ■!  r.  \.  f  !■•'  I  ..:  :  ifiP  •  f .  in  -':  1  I:  .ili  I.i  :  .1 '  *  •  •  >  II  '.m  • 
ln\«-  ;it'n  ■    !    i-r     ii.i'     .i_r  ■    ■  j-i     .•?•■  i    1    M.-ii!    !;    ;     I   iil  \»   'f.  t    r 

'«     I  ■  r  1*1.  'j« '1    .1-     In.'Ii    I.ii  t' I""'    ?»»•     iif  ti|  .;]\    •■•i:i:«'J     I. 
tl.i     -.iiuf  «  i-\- !.    !.•     t      ■  :  ■!•  ii    Mr   til-     lii.iri-t    1  •  i.    iiirT ;    ii    »|.>! 
llli:'i*Mt\     II.    riri**i  1^    *i   r<    Il'i    Ii.   .1' I'i'tiiiiij    t-     lt.<     !'•  tri  A!  t 
II-    ;ifti'     K-    Ii«-ir!nt  :■  ii    I.1.I    u    'ii    tl..     I».\iii.  -    i-f    }•  'f      V\:  .   \    • 

It*-!-:- J  !i  ■!.  I-   •<!    •!..!!    !-■   •   ii.!!\   h^ir*-!    •.•■«  n   l»\    N  iJ     M   u»cf 

of    I'm    iircflit    i-f    l.i  jl.1l.'!     !1T:>1    l'\    tl.r    (    l.-lfiK   .iml   k:i.i?'!<  Rl    'f 

Sr-. 'I.-i'-l  |i.  fi.iiflTT'i.  ■!  |.\  A'!-  '?  I'ur'ii  r  «•!.•  "f  U'th  kin»*<!- mt 
ii  -|ii  I  ti\i'!y. 

7.   Til. it    f.ii    till     ni' rf    •■t'»rt!i:il    •ii-iMii  j    .^rMiiU     rriett^ 

i'ftj-  -•-    Mini    l'..J.>*     Tl     i:-.i:.l-     li'lii    ill^'MT^I.C    thf    StJItr    hxA 

•!•  I'i  i  :./  \\.v  l.i»-.  .ii.l  St  tl..  !-!t-:  -'i-r«  vmntf  mi'!  "f***?} 
i-  i.M.t  1.  1/  inii-.i!'..  .1:.  i-itli  U-  •  ••.1' I:K«-il  liy  Aft  »/  J'ftf- 
Ii;illl«  !i?  V-  \  i-  . i'if!!;i. !-••!•  i  t.  !!■•■.  Hlii!ril.  tl:iV  ■!.»!!  ftV'Urr 
Mi.'l  ri  .;.■■  'Ii-  I'  J-  -  -lijTi '...i.  y  tin-  <i'-triiir  •:  tii«i.0ttK- 
-tiiJ  •    »•  j'i  jit.r\.    u    »-'    I  I  :i.j    ff    tlif    ri  i.K^T.it^l    I.  «t 

iru  'Ix'"  III'!  isn-iji-.  .^i.-i  \\'.  itiii  1  ■  j  i«Ji  (iti|»r*t:!!"r.t 
ni.'i  iri'  •  ..:.  :  ulii-:^'  ff-  -<ii  i  «  ntl..  l-ii»'  f»:  iirt-**  r: 
■•■till  T!..i:  I.  I  -  liill  I-  .iMii.t"!  *\  ll.r  *.'»ii  Ai!.  I  }* 
II    -';•■  ■  !•  '.t    r   rvii  '1        ■  !    r   ■  u-.ir  >  \ 

"•     A:     A'f    'f    l.i'!i.iM«:?    f  i    i.l.r»fi»ii    if   t'.-    •  J.iMrrri   •! 
I    I  .  t     '  \    ]'r  ••  -?.iv»*  II.  'i.r  I  r  ••  ■•  »;.r  -i  iij  i-!. 

I.       \      A    •   f    !    •"•  ■    •!  ;•    i.  \_\   I  .•  I  I   V  .    I  •  i.itH-  KiT^ilitt  Xi.rv. 
w I      '.    liT-x'".!      •     U    !'\ii-!    :.i.  !   ■;  -J    M- i    n.   *■.•!.    ii..<%r-.i.>  r  a* 
I-'        Ii     .  .1        .r.-     ■:      \\    *'*    :     •  ■    l-     |  ;<•«  i'ir*l   l)_kt     lli« 

V.i  ■    •■■     !        i    \f   I. 

1  I        '      ..        .\.»  I    .    *.■!     i:       I.I-!    »•■  .  r  t       nhiT'lt     th» 

I  '    I    .;    -••  '•    !    .     ^"    '.     :     I       ■■      j'.\^rtfi    a:.*! 

!li-        w  .....       ;  .  \.  .;•.'.»::.    ••ri  !•  r    11  «-.r«r 

I  t  ..  \     ■  I    ■  i  -I  •    i  *       * 


1646]  The  Propositions  of  Newcastle  393 

II.  The  like  for  the  kingdom  of  ScollfLDdjComeniiDg  the  fonr 
last  preceding  propositioDF,  in  such  maoner  as  the  Elatates  of  the 
Parliament  there  shall  think  fit. 

■  a.  That  the  King  do  give  his  ro^al  assent  to  an  Act  for 
the  due  observance  of  the  Lord's  Day ; 

And  to  the  Bill  for  the  suppression  of  ionOTationB  in 
cliurches  and  chapels,  in  and  about  the  worship  of  God,  Ac; 

And  for  the  better  advancement  of  the  preaching  of  God's 
Hily  Word  in  all  parts  of  this  kingdom; 

And  to  the  Bill  against  the  enjoying  of  pluralities  of  beoe- 
iices  by  spiritoal  persons,  and  non-residency; 

And  to  an  Act  to  be  framed  and  agreed  upon  by  both 
Houses  of  Parliament,  for  the  reforming  and  regulating  of 
both  Universities,  of  the  Colleges  of  Westminster,  Winchester 
and  Eton; 

And  to  such  Act  or  Acts  for  raising  of  monies  for  the 
payment  and  satisfaction  of  the  public  debts  and  damages  of 
the  kingdom,  and  other  public  uses,  as  shall  hereafter  be  agreed 
on  by  both  Houses  of  Parliament :  and  that  if  the  King  doth 
not  give  his  osBent  thereunto,  then  it  being  done  by  boUi 
Houses  of  Parliament,  the  same  shall  he  as  valid  to  all  intents 
;ind  purposes,  as  if  the  royal  assent  had  been  given  thereonto. 

The  like  for  the  kingdom  of  Scotland. 

And  that  His  Majesty  give  assorance  of  his  consenting  in 
the  Parliament  of  Scotland  to  an  Act  acknowledging  and 
ratifying  the  Acta  of  the  Convention  of  Estates  of  Scotland, 
called  by  the  Council  and  Conservers  of  the  Peace  and  the 
Coniuiirsiouers  for  the  common  burdens,  and  assembled  the 
3ind  of  June.  1643,  and  several  times  continued  since,  and 
uf  the  Pui'liamtut  of  that  kingdom  since  convened. 

13.  That  the  Lords  and  Commons  iu  the  Parliameut  of 
Enij'land  assembled,  shall  during  the  space  of  twenty  years^ 
Itom  the  ist  of  July,  1646,  arm,  tiain  and  diseipLne,  or  cause 
to  be  uriiied,  trained  and  disciplined,  all  the  forces  of  the  king- 
doms of  England  and  Ireland  and  dominion  of  Wales,  the  Isles 
of  Guernsey  and  Jersey,  and  the  town  of  Ikrwick  upon  Tweed, 
already  raised  both  for  sea  and  land  service ;  and  shall  arm, 
train  and  disci]>liu>',  or  cause  to  be  raised,  levied,  armed,  trained 
and  disciplined,  any  other  forces  for  laud  and  sea  service,  in 


Ilw  kiBgdooH,  HcMJnlw,  mmI  pImm  ifcmiiii.  h  ia  thafar  ii%- 
Mota  Uw7  il^a  fran  Um  Io  Um,  *m^  Um  mU  qw*  af 
tWM^  jTMn,  tUiJi  ft  tnd  afpoiat :  ud  Ite  adllMr  tU  Ei^ 
kia  Imui  or  lUBawaun,  mm-  aojoUiM-  li«t  mtA  MifcBaael  bf 
tba  aBtkont;  m  afipnifaatian  of  tW  wid  I^«4a  and  OMiaaai^ 
(ball  dwiMg  tbe  auit  afaca  of  twea^  jraan  cxaniaa  amf  «f  tim 
fomtn  afunaaid. 

And  Um  Uln  for  tb«  ki&rlo»  oT  Bcotkiid.  if  Dm  bMa 
o(  tkt  raHuBCBt  Umh  iUI  Uiiak  St 

That  HMBajr  ba  imiaad  and  Wriad  for  Ilw  BalalaMaet  Md 
iM  af  tlia  Mid  fanaa  for  laad  aarrka.  aad  of  Iha  MVf 
and  fbrDoa  for  Mk  MTviec,  in  nA  nrt  awl  I7  aaah  wmjw  sad 
n«iia  aa  tU  aaid  Lorda  ud  ODaaaM  aboU  frw  l«w  «• 
tima,  dnrian  Hm  aaid  tpoM  of  twontj  yoan,  tkiak  M  aad 
a|>poial,  and  B0«  otbonriaa.  That  aO  Um  aaid  fbraaa,  hoik  fcr 
land  aad  aaa  arrriao.  m  ralwd  nr  krM.  v  to  bo  nfaid  or 


darbg  tbo  idd  ifoao  of  twootjr  ymn,  bo  anidojod,  aMOf^ 
oadmd  oad  dli^oaad  bjr  tbo  mU  Lar4i  mA  <  ummm.  in  nab 
Hit  and  bjr  MKb  vaja  ud  mom  ao  thoy  abaB  tUak  tl  a^ 
a|ifMat,«ndDatatbar«iM.  Aad  tba  aid  Lerda  aad  Ommmb^ 
dwing  tba  mU  apaea  rf  tawntj  jmn,  aboU  bavo  pew, 

(i)  Tq  wffnm  an  lurtaa  tajaad  w  la  bo  raiaad,  »hbaal 
aatHMrity  and  eoaaaa*  of  tba  aaU  Lonia  and  "Vtw— n.  ta  ibo 
diatarbaaea  ti  tba  |HbUa  paooa  ti  tbo  U^daao  of  rinlir  t 
aad  Irakad  and  doalaion  of  Walaa,  tba  ldm«iamnmjmt 
Jenqr.  and  tba  lava  of  Barwick  npoa  Tvaad,  er  a^  of  Ib^ 

(ii)  Ta  npfiraM  aar  (M«igB  Ibroaa  wba  ifeall  iavada  or 
•ndooToar  to  iavado  tba  Ui«doaH  of  Kaglaod  aad  tnlaad. 
doauaiaa  of  Wabia,  tbo  laloi  of  OBacwa?  aad  Janoj,  aad 
tba  torn  af  Bwwkk  vpoa  Twaad,  or  aaj  of  tbaa 

<iii)  Ta  oa^}aia  neb  hn»  of  tba  Uh<*m 
with  tbo  fgraaa  of  tbo  bii«doBi  af  SHthad.  aa  I 
Larda  and  CWiwana  ihall  tnm  lina  la  tima,  dati^  Ibo 
aa»d  flpaca  ef  twaaty  Taora,  jadga  At  aad  ■ae^aij;  U  naiok 
an  IWtifa   tayadoaa,  and  to  aapfraaa  aay  fareaa  lalaad  ar 


1646]  The  Propositions  of  Newcastlt  295 

whatsoever,  without  consent  of  the  said  Lords  and  Commons  of 
the  Parliament  of  England,  and  the  Parliament  or  the  Estates 
of  the  Parliament  of  Scotland  respectively.  And  that  no  forces 
of  either  kingdom  shall  go  into  or  continue  in  the  other  king- 
dom, without  the  advice  and  desire  of  the  said  Lords  and 
Commons  of  the  Parliament  of  England,  and  the  Parliament 
of  the  kingdom  of  Scotland,  or  such  as  shall  be  by  them 
appointed  for  that  purpose :  and  that  after  the  expiration  of 
the  said  twenty  years,  neither  the  King,  his  heirs  or  successors, 
or  any  person  or  persons,  by  colour  or  pretence  of  any  com- 
mission, power,  deputation  or  authority,  to  be  derived  from 
the  King,  his  heirs  or  successors,  or  any  of  them,  shall  raise, 
arm,  train,  discipline,  employ,  order,  manage,  disband  or  dispose 
of  any  of  the  forces  by  sea  or  land,  of  the  kingdoms  of  England- 
and  Ireland,  the  dominion  of  Wales,  Isles  of  Quemsey  and 
Jersey,  and  the  town  of  Berwick  upon  Tweed:  nor  exercise 
any  of  the  said  powers  or  authorities  in  the  precedent  articles 
mentioned  and  expressed  to  be  during  the  said  space  of  twenty 
years,  in  the  said  Lords  and  Commons :  nor  do  any  act  or  thing 
concerning  the  execution  of  the  said  powers  or  authorities, 
or  any  of  them,  without  the  consent  of  the  said  liords  and 
Commons  first  had  and  obtained.  That  after  the  expiration 
of  the  said  twenty  years,  in  all  cases  wherein  the  Lords  and 
Commons  shall  declare  the  safety  of  the  kingdom  to  be  concerned, 
and  shall  thereupon  pass  any  Bill  or  Bills  for  the  raising,  arming, 
disciplining,  employing,  managing,  ordering  or  disposing  of  the 
forces  by  sea  or  land,  of  the  kingdoms  of  England  and  Ireland, 
the  dominion  of  Wales,  Isles  of  Guernsey  and  Jersey,  and  the 
town  of  Berwick  upon  Tweed,  or  of  any  part  of  the  said  forces, 
or  concerning  the  admiralty  and  navy,  or  concerning  the  levying 
of  monies  for  the  raising,  maintenance  or  use  of  the  said  forces 
for  land  service,  or  of  the  navy  and  forces  for  sea  service,  or 
of  any  part  of  them  :  and  if  that  the  royal  assent  to  such  Bill 
or  Bills  shall  not  be  given  in  the  House  of  Peers  within  such 
time  after  the  passing  thereof  by  both  Houses  of  Parliament, 
as  the  said  Houses  shall  judge  fit  and  convenient,  that  then 
such  Bill  or  Bills  so  passed  by  the  said  Lords  and  Commons 
ns  aforesaid,  and  to  which  the  royal  assent  shall  not  be  given 
as  is  herein  before  expressed,  shall  nevertheless  after  declaration 


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1646]  The  Propositions  of  Newcastle  297 

The  like  for  the  kingdom  of  Scotland,  if  the  Estates  of 
the  Parliament  there  shall  think  fit. 

14.  That  by  Act  of  Parliament  all  Peers  made  since  the  dny 
that  Edward  Lord  Lyttelton,  then  Lord  Keeper  of  the  Great 
Seal,  deserted  the  Parliament,  and  that  the  said  Great  Seal  was 
surreptitiously  conveyed  away  from  the  Parliament,  being  the 
2i8t  dpy  of  May,  1642,  and  who  shall  be  hereafter  made,  shall 
not  sit  or  vote  in  the  Parliament  of  England,  without  consent 
of  both  Houses  of  Parliament;  and  that  all  honour  and  title 
conferred  on  any  without  couFent  of  both  Houses  of  ParliameLt 
since  the  20th  of  May,  1643,  being  the  day  that  both  Houses 
declared  ihat  the  King,  seduced  by  evil  counsel,  intended  to 
raise  war  against  the  Parliament,  be  null  and  void. 

The  like  for  the  kingdom  of  Scotland,  those  being  excepted 
whose  patents  were  passed  the  Great  Seal  before  the  14th  of 
June,  1644. 

15.  That  an  Act  be  passed  in  the  Parliaments  of  both 
Houses  respectively,  for  confirmation  of  the  Treaties  passed 
between  the  two  kingdoms;  viz.  the  large  Treaty,  the  late 
Treaty  for  the  coming  of  the  Scots  army  into  England,  and 
the  settling  of  the  garrison  of  Berwick,  of  the  39th  of 
November,  1643,  and  the  Treaty  between  Ireland  of  the  6th 
of  August,  1642,  for  the  bringing  of  10,000  Scot«  into  the 
province  of  Ulster  in  Ireland ;  with  all  other  Ordinances  and 
proceedings  passed  between  the  two  kingdoms,  and  whereunto 
they  are  obliged  by  the  aforesaid  Treaties. 

And  that  Algernon  Earl  of  Northumberland,  John  Earl  of 
Rutland,  Philip  Earl  of  Pembroke  and  Montgomery,  Robert 
Earl  of  Essex,  Theophilus  Earl  of  Lincoln,  James  Earl  of  Suffolk, 
Robert  Earl  of  Warwick,  Edward  Earl  of  Manchester,  Henry 
Earl  of  Stamford,  Francis  Lord  Dacres,  Philip  Lord  Wharton, 
Francis  Lord  Willoughby,  Dudley  Lord  North,  John  Lord 
Hunsdon.  William  Lord  Gray,  Edward  Lord  Howard  of  Escrick, 
Thomas  Lord  Rruce,  Ferdinando  Lord  Fairfax,  Mr.  Nathaniel 
Fiennes,  Sir  William  Armin,  Sir  Philip  Stapleton,  Sir  Henry 
Vane,  senior,  Mr.  William  Pierpoint,  Sir  Edward  Aiacough,  Sir 
William  Strickland,  Sir  Arthur  Haslerig,  Sir  John  Fenwick, 
Sir  William  Brereton,  Sir  Thomas  Widdrington,  Mr.  John 
Toll,  Mr.  Gilbert  Millington,  Sir  WiUiam  ConsUble,  Sir  John 


\ 


»)8 


Wragr.  Hir  Umij  Vmm,  janMr,  Mr.  Hrary  DwWjr.  Gflrcr 
81. JibHEq,  lib  atHl* ><Gl.<ilct-aiMnI,8ir  Doidl Hdfc 
Ur.  Akmiki  Ki|b;.  Mr.  O^mlin  tUUmmi,  Mr.  I 
Vial,  Mr.  HmfitM  IMhui.  Jalw  Olja.  B«i.,  B« 


I 


,  Mr.  Hinr;  Muiii.  Mr.  Alibnau  EtjU.  Mr.  Jab 

"'  rii'  I  "iiiijiiiir"iiri  Hi  niiimi~iii  iii  iiiti 

Illir.  Mr.  liUant,  Mr.  B>llia|l>a.  lad  Mr.  Ttlmm.  Miiilji 
a<  Ml  Hnaa  ■<  Ua  IWimal  cil  Ei«kad.  lUI  b  U»  Cat- 
aiaaaao  (or  U»  U^iliai  rfB«hal,l»  aMratfaa  rfUa 
paara  iMtwwB  llM  two  kiafiloBM;  to  Ml  Moanli^  Is IW  ywm 
in  UmI  b*lMlr  iiyiM»l  ia  tim  utidM  oT  Um  Imif*  Tnmtf. 


Tlwt  Hi>  Mj^JMlj  fir*  U>  «Mat  to  what  tW  two  Ua|*Ma 
•lull  ifiw  VINOi  la  fiMiiialiuii  n(  iIm  utklaa  at  Ika  brgi 
Ttaalj,  wUd  in  •«  jM  iaiibnl. 

Itf.  Thai  aa  Art  ba  |Mnd  ia  Iha  PaHkiaaato  cf  iMIk 
Uaadeoa  Hi|iwUiJj,  far  artaUiaUaff  lb  iaiat  PialaialJM 
of  bath  Uaidaoa  baariae  date  tba  jolh  af  Jaaaarr,  1443,  ia 
ltwghia«l.aad  1644  ia  HeoUaad;  with  Iha  |Mlilwliiiii  laaihn 

til  QoaUAntiaa  TiMt  tha  paraow  wha  ihall  aapaat  aa 
panhia  Iw  aalj  ihaM  faUawiag :  Rnpart  aarf  Maariea,  Cbaato 
ralaliaa  ot  lha  Rhiaa.  JaaMa  Earl  d  Darb;.  Jaha  Ead  al 
BHnal.  WiUiaa  Eari  a<  Nnraaalla.  Praacia  Laid  Oattiafh^ 
Oaoft  Lard  Difhj.  Malthaw  Wraa,  niih.^  JOj.tb  Bahirt 
Haalk.  Kal..  Dr.  Bnadall.  Blahap  cl  DaaiT.  Xir  WiUaa  Wid- 
diiaftoa,  Od.  Oaoip  Oaainff.  Uaarr  Janara,  Ea^  «r  Balfh 
Haftoa,  8ir  Joha  ^roa.  Kr  Fiaaaia  DaddlafUa.  Kir  PMaaia 
Miaaiwa;^  Mr.  Ead7»ao  Fattar.  Sir  Oaaga  llidilifa.  Hr 
Mainadaha  Laafdair,  Uaai;  Va^ba,  Emf,  aaw  aalM  Ma 
Baar;  Vaa(liaa.  Sr  Fraaaia  Wiadilaah,  Hr  Rithafd  aianilik 
Mr.  Edward  lljdi^  aaw  aallad  Sir  Kdwaid  Ujda,  Sr  Jaha 
Maria;.  Nr  Xicbka  Cala.  Or  Thaaaa  BiddaUjaaiar,  Oa  lata 
Cal|»ii|i<T,  Mr.  Riahaid  Uajd.  aaw  aallad  Sr  Uihaid  Uafd. 
Mr.  Darid  JaaUai^  8ir  Oaaiia  KIradat  Oaaifa  rarlaaA  1^ 
aaw  allad  ib  Oaia||a  Chrtaal,  Sr  Charlaa  Di  111  nil,  KaL. 
Uiahaid  Uaa.  b|,  aaw  ollad  Kb  Wthaid  laaa,  l«r  Id— id 
Kithaha.  Jaha  Aihharahaa,  Eaq,  Nir  Edward  llaibal,  (at. 
AUanarOaaanl.  Earl  a(  Tiariwlr.  LaH  llarria.  LaH  Ba«. 
Oaar«a  Oaadaa,  aoaiatiw  Man|ait  af  UuaUj.  Itmm  C 


1646]  The  Propositions  of  Newcastle  299 

sometime  Earl  of  Montrose,  Robert  Maxwell,  late  Earl  of  Niths- 
dale,  Robert  Dalyel,  sometime  Earl  of  Carnwath,  James  Gordon, 
sometime  Viscount  of  Aboyne,  Ludovic  Lindsay,  sometime  Earl 
of  Crawford,  James  Ogilvy,  sometime  Earl  of  Airlic,  James 
Ogilvy,  sometime  Lord  Ogilvy,  Patrick  Ruthven,  sometime  Earl 
of  Forth,  James  King,  sometime  Lord  Eytbin,  Alaster  Mac- 
donald,  Irvine  the  younger  of  Drum,  Qordon  the  younger  of 
Qight,  Leslie  of  Auchintoul,  Col.  John  Cochrane,  Graham  of 
Gorthie,  Mr.  John  Maxwell,  sometime  pretended  Bishop  of  Ross, 
and  all  such  others  as  being  processed  by  the  Estates  for  treason, 
shall  be  condemned  before  the  Act  of  Oblivion  be  passed. 

and  Qualification.  All  Papists  and  Popish  recusants  who 
have  been,  now  are,  or  shall  be  actually  in  arms,  or  volun- 
tarily assisting  against  the  Parliament  or  Estates  of  either 
kingdom  ;  and  by  name  the  Marquis  of  Winton,  Earl  of 
Worcester,  Edward  Lord  Herbert  of  Raglan,  son  to  the  Earl 
of  Worcester,  Lord  Brudenell,  Caryl  MoUineux,  Esq.,  Lord 
Arundel  of  Wardour,  Sir  Francis  Howard,  Sir  John  Wintour, 
Sir  Charles  Smith,  Sir  John  Preston,  Sir  Basil  Brooke,  Lord 
Audley,  Earl  of  Castlehaven,  in  the  kingdom  of  Lreland,  William 
Sheldon,  of  Beely,  Esq.,  Sir  Henry  Bedingfield. 

3rd  Qualification.  All  persons  who  have  had  any  hand  in 
the  plotting,  designing  or  assisting  the  rebellion  of  Ireland, 
except  such  persons  who  have  only  assisted  the  said  rebellion, 
have  rendered  themselves,  or  come  in  to  the  Parliament  of 
England. 

4th  Qualification.  That  Humphrey  Bennet,  Esq.,  Sir 
Edward  Ford,  Sir  John  Penruddock,  Sir  George  Vaughan, 
Sir  John  Weld,  Sir  Robert  Lee,  Sir  John  Pate,  John  Acland, 
Edmund  Windham,  Esq.,  Sir  John  Fitzherbert,  Sir  Edward 
Lawrence,  Sir  Ralph  Dutton,  Henry  Lingen,  Esq.,  Sir  William 
Russell  of  Worcestershire,  Thomas  Lee  of  Adlington,  Esq.,  Sir 
John  Girlington,  Sir  Paul  Neale,  Sir  William  Thorold,  Sir 
Edward  Hussey,  Sir  Thomas  Liddell,  senior,  Sir  Philip  Mas- 
grave,  Sir  John  Digby  of  Nottinghamshire,  Sir  Henry  Fletcher, 
Sir  Richard  Minshull,  Lawrence  Halstead,  John  Denham,  Esq., 
Sir  Edmund  Fortescue,  Peter  St.  Hill,  Esq.,  Sir  Thomas  Til- 
desley.  Sir  Henry  Griffith,  Michael  Wharton,  Esq.,  Sir  Henry 
Soulier,  Mr.  George  Benion,  now  called  Sir  George  Benion, 


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i6<6]  The  Propositions  of  Nevxastle  301 

Piirliament  in  England,  or  the  fietates  of  the  Parliament  of 
Scotland  reBpectirely  shall  think  fit. 

and  Branch.  That  the  late  niembere,  or  any  who  pretended 
themaelves  members  of  either  House  of  Parliament,  who  have 
sat  in  the  unlawful  assembly  at  Oxford,  called  or  prefended  by 
Borae  to  be  a  Parliameot,  and  have  not  Tolniitarily  rendered 
themsclvep  before  the  last  of  October,  1644,  be  removed  from 
llis  Majenty'b  connsels,  and  restrained  from  coming  ivithtn  the 
vet'frc  of  tlie  Court  ;  and  that  they  may  nol,  without  the  advice 
and  consent  of  bolli  Houses  of  Parliament,  bear  any  office  or 
linve  any  employment  concerning  the  State  or  Common  wealth. 
And  in  case  any  of  them  shall  offend  therein,  to  be  guilty  of 
hiph  treason,  and  incapable  of  any  pardon  from  His  Majerty, 
and  Ihtir  estates  to  be  disposed  of  as  both  Houses  of  the 
Parliament  of  England  shall  think   fit. 

3rd  Branch.  That  the  late  members,  or  any  who  pretended 
themselves  members  of  either  House  of  Parliament,  who  have 
deserted  the  Farliameut,  and  adhered  to  the  enemies  thereof, 
pnd  have  not  rendered  themselves  before  the  last  of  October, 
1644,  be  removed  from  His  Majesty's  counsels,  and  be  restrained 
froni  coming  within  the  vei^e  of  the  Court ;  and  that  they 
may  not,  without  the  advice  and  consent  of  both  Honaes  of 
Parliament,  bear  any  office  or  have  any  employment  concerning 
the  State  or  Commonwealth.  And  in  caee  any  of  them  shall 
offend  therein,  to  be  guilty  of  hijjh  treason,  and  incapable  of 
any  pardon  from  His  Majesty,  and  their  estates  to  be  disposed 
as  both  Houses  of  Parliament  in  England  shall  think  fit. 

Sth  Qualification.  That  all  Judges  and  o£Soers  towards  the 
law,  common  or  civil,  who  have  deserted  the  Parliament  and 
adhered  to. the  enemies  thereof,  be  incapable  of  any  place  of 
judicature,  or  otiice  towards  the  law,  common  or  civil :  and  that 
all  serjeantB,  councillors,  and  attorneys,  doctors,  advocates,  and 
proctors  of  the  law,  common  or  civil,  either  in  pnblic  or  private, 
shall  not  be  capable  of  any  preferment  or  employment  in 
the  Commonwealth,  without  the  advice  and  consent  of  both 
Houses  of  Pnrliameut :  and  that  no  Bishop  or  Clergyman,  no 
Master  or  Fellow  of  any  College  or  Hall  in  either  of  the 
Universities,  or  elsewhere,  or  any  Haster  of  school  or  hospital, 
or  any  ecclesiaslicnl  person,  who  haUi  deserted  the  Parliament 


CemMHiiomtl  Dormmtmtt 


ba  npaUa  of  amj  pffcraaoi  or  aaplufBiat  I 


I,  iImII  b*  trttorijp  ffvM,  M  if  tbff7  « 
dMd :  tu>r  didl  tWj  otKMiriM  wm  Unir  hMtian  of  tk>  aU*- 
tr^,  withool  ftdrie*  utd  coimBt  of  both  Bomm  «f  rullaal : 
imviM,  ll»t  ao  hfM  dwll  iwn-  by  ibk  wity  utfl  ate 
ownUw  put  afttr  mUm  tb«rmt 

tth  QiuUiHoOka.  Tbrt  *n  pmMM  vho  bn«  Wm  Mlwlly 
in  am*  t^Omtk  Um  pMJiaflw«t.flr  Wv*  csmmIM  or  »w|— larfl/ 
MJtIod  Um  aaoaka  tbmd:  on  tfMbM  to  b*  SbwA,  JmUm 
«r  Uw  PMcr.  Hqran.  or  MbMr  BMd  OMiiw  of  osj  Olr  «r 
OWrocaUoa,  Chwatiriwww  of  Oyv  Bid  Ttrmum.  or  to  A 
■mI  Mm  M  ■MfBbm  or  laiilmti  la  titbor  of  dw  Boa^  «l 
FarinMMit,  or  to  ban  aay  aiiiHarr  — |ibiytwto  ia  lUa  feji^ 
do^  witboai  tbo  eoiuaat  of  both  Baoaw  of  """ 

7tb  QaaUkaUoa  1W  panou  ofaa  otbon  tobafroaaTil 
[inwilBiBaar^aatwhbotoiJiM— y**  wtHf  *t  i>w^ 
oottMniac  lUa  war,  Ibajr  tokiaff  tht  CbfHMuM. 

nfcQMlUatfiM.  Ibo  MMa of  tlHto  pmM  aBMrtod !• 
Ibo  fint  thrw  |««Mdin(  qaaBiratiaai,  ud  Ibr  Mtot*  rf 
Edward  LoH  Ljrtlahaa  aMi  if  WOBm  Uad,  kto  Attbb^oy 
of  Owtorfaaty,  to  pay  pabUe  dabto  aad  daiaof. 

94b  QaaliftoiliaB.  )■!  Braaobi  tbat  two  Ml  pMto  b  I^m 
to  bo  diridod  of  all  tbo  oitatMof  Iba  a«nbora  f  liHii  Tliu. 
af  Puliunoat,  wtia  Imt*  aol  tmXf  dtaorttd  tito  IWU^mM,  bwl 
bava  aba  folad  batb  kiagdMBo  tiaitor^  ood  bava  aol  tmHkmwA 
IhoBMlrca  bdbta  tha  i«  of  Dwbir.  1645,  JmII  b*  lahB 
■ad  Mipbjod  iw  Or  paytoaal  aftba  paldit  drtto  oad  4i^«H 
ofUHUafdoM. 

•ad  9aaA  e  tba  Iwa  AdI  part*  ia  tbiw  to  ba  dMdHl  af  lb* 
•atalOi  of  H«b  bto  liMbOT  of  ahbar  Hoaoa  af  railwalw 
Ml  fai  tbo  aakwfbl  aMOMUjr  at  Oxford,  aad  thaU  aat  \mm 
nadorad  Uiw^lfM  bofeta  lb*  lit  oT  DoHtobtr.  ■*4S.  ri  ~  ' 
labaa  aad  •nployod  tm  tbt  pajMmi  of  tba  pablia  i 


3rd  Btaacb:    tbu  aw*  (all  nairtj  of  ibo  MtalM 
panooa.  bto  M»bn«  of  atbor  of  Um  HoaaM  of 
wba  ban  dMartad  tba  l^liaiMat.  aad  aJlNnd  to  th» 


1646]  The  Propositions  of  Netvcastle  303 

thereof,  and  shall  not  have  rendered  themselveB  before  the  ist 
of  December,  1645,  shall  be  taken  and  employed  for  the  pay- 
ment of  public  debts  uid  damages  of  the  kingdom. 

loth  Qnalifi cation.  That  a  full  third  part  of  tl)e  value  of  the 
estates  of  all  Judges  and  ofGcen  towards  the  law,  common  or 
civil,  and  of  all  Serjeants,  councillors  and  attorneys,  doctors, 
advocates  and  proctors  of  the  law,  common  or  civil ;  and  of 
all  Bishops,  Clergymen,  Masters  and  Fellows  of  any  College 
or  Hall  in  either  of  the  Universities,  or  elsewhere ;  and  of  all 
Masters  of  hospitals,  and  of  ecclesiastical  persons,  who  have 
deserted  the  Parliament  and  adhered  to  the  enemies  thereof, 
and  have  not  rendered  themselves  before  the  ist  of  December, 
1645,  shall  be  taken  and  employed  for  the  payment  of  public 
debts  and  damages  of  the  kingdom. 

That  a  full  sixth  part  of  the  value  of  the  estates  of  the 
persons  excepted  in  the  sixth  qualification,  concerning  sach  as 
have  been  actually  in  arms  agabst  the  Parliament,  or  have 
counselled  or  voluntarily  assisted  the  enemies  thereof,  and  ve 
disabled  according  to  the  said  qualification,  to  be  taken  and 
employed  for  the  payment  of  the  public  debts  and  damages  of 
the  kingdom. 

1  ith  Qualification.  That  the  persons  and  estates  of  all  com- 
mon soldiers  and  others  of  the  kingdom  of  England,  who  in 
lands  or  goods  be  not  worth  £100  sterling,  and  the  persons 
and  estates  of  all  common  soldiers  and  others  of  the  kingdom 
of  Scotland,  who  in  his  lands  or  goods  be  not  worth  ^100 
sterling,  be  at  liberty  and  discharged. 

iBt  Branch.  This  proposition  to  stand  as  to  the  EhigUsh,  and 
OS  to  the  Scots  likewise,  if  the  Parliament  of  Scotland  or  their 
CoramisBioners  shall  think  (it. 

3ud  Branch.  That  the  ist  of  May  last  is  now  the  day  limited 
for  the  persoDB  to  come  in,  that  are  comprised  within  the  former 
qualiiicatioD. 

That  an  Act  be  passed,  whereby  the  debts  of  the  kingdom 
and  the  persons  of  delinquents,  and  the  value  of  their  estates 
may  be  kuown:  and  which  Act  shall  appoint  in  what  manner 
the  confiscation 3  and  proportions  before  mentioned  may  be 
levied  and  applied  to  the  discharge  of  the  said  engagements. 

The  like  for  the  kingdom  of  Scotland,  if  the  Estates  of  the 


J04  Conshtuttomtl  Documents  [% 

P.trliiimeiit.  ur  bucli  uji  ^liall  Imvi-  y  'wrr  fn»m  th^m.  iIiaU 
think   tit. 

17.  Tliitt  all  At-t  uf  rarli.iiiiritt  U*  |M«*fl  ti»  ilrtUrr  aivJ 
iiiakr  %'i>iil  tlir  •r^.-a!iuii  ot  Iivijiijti.  nii-i  nil  TrvfttK-a  Ai.ii  t .  u- 
ilii'i-l.^    ii|    p'liir.    !•!    iiliy    artlilnn    tin  li-ii|ai|i    «itli    titr    |V'«li 

\«it)i>)Ut   till!-- lit   ••!'  (hiMi    il>  11 {   rnrii.iiii*  i.t  :    aiA   !••   tat'ic 

t!it    \t% jutii'ti  f|   tilt*  u.ir-   ft   In-l.ii.i.  a.*  U  tii   ll>  um^  ••!   Th« 

TaillUllit  lit  (it  KliL''  ilni  lt.l\f  .iu'l«  •-«!,  t*r  -K.iii  :«;:i>f  U|»<li.  xiut 
t-Mii.-uIt  iti-li   li:«ii  Hitii  \\iv  .\.-«*  {iil'iT  I'f  l'i\ll.v«  lirrr. 

Tl..it    tlif    l'i|i;ity   m    <'hirt   < tt-Vrri- r.   i^r   otlifr  tioTrm-jrt 

«it   Inlalfi.  iil'tl    til*'   rit-l«irlit      ft    till*    ^Vf-ra!    |ir%II.C*ii   if   tI.Al 

kiii j<l*>tii.  In*  M>:iiii..'itf  I  \t\  \nA\\  tlic  11"Um'"  i>f  til**  rArliAiu-fit 
(it  KiiL'^iinl ;  ''T  III  tli«  int«r\>U  nt'  r«rliAiufiit  !■>  t  icI*  (*'m- 
iiiitti«>  t>f  iMitli    ll"Unt--  lif  l\iriiaiiirut   a«   liuth  Kl<iuii«  -f  the 

r.illiail.cl.t     (>:     LliL'Ult-i     ^)i;tll     liitlllilwtc-    Mill    A|  |*f ii.t    f  r    tkftl 

|>  ;r|H'M- :  iixjil  th:it  tiir  1 'huiuclii'r  ur  \a*t\\  KtT|vr,  Li-r\l  1:ca- 
fun  r,  ( 'till  III  i**iii4>iirni  nt'  llic  Cip-Ht  Sr«l  ur  Trva^urr.  Lurd 
NV.inK'u  (tt  tli«-  < 'iiii)u«*  Tftth.  CliaiiCrllur  ft  tlir  K&tli«^|Uir  aai 
iKuhv.   S<^ii'taririi    of   StAt*-,    M.mtrr   of   tlir    Kdl*.    Ju'ik"*!   of 

iH-tii  I'MiitlicN.  itiii  lUrjii*  of  till'  Ki<  bnjuii.  ff  tiic  kiuy>i  ii» 
i't  ]!ii|/l.iiiii  ait<l  IiflAiiil,  uii'l  tiii-  Vii>  Tit-.ikun'i  aim!  Trcm»urrr 
at  \N  ar.  ••!  tltt  kilik'<li'Ui  ft  IrrUi.*!.  U-  Li»  i.lli.itc-i  liV  kioth  Klvuw* 
ff  tlif  Tai  Imiiii'iit  ft  l'!i  ;^Iaii>i.  t"  lo.itiuur  y*^'"*  '''u  »t  A«i»#  y«» 
FtriH*  .  uiiil  111  tlif*  iiitiTVaU  ft  rikrliamriit  hv  tht*  atf r«-  .  ro- 
t:  >li«il  (^'ll:li:ltl<l^  til  U'  a|<|>|f\i-il  or  ill-aljiiwcti  !•%  lA^th  H«.aAr« 
.if   ti.rll    llr\t  -l't:i  u*. 

Th>  liki  t<  I  ti.e  kiijk'<l  ■:i>  <f  S.  oiIahiI,  ronct  rMntf  thr  r<4>iai* 
I  ati'iit  of  tin  l.(  rilk  ft  tlii  I'riTx  <  '"Ut.ril,  !.•  nl*  •!  S-miod  *bd 
l.&t  i.i'jU'  I .  <  m!.  if  ft  Stnt«  niul  Jii^tiir-Uri.irul.  111  »ui.h  mAJUtcr 
.1-  ti.i    r.-TiittHf!  P-iil:Aiii«-ii?  tl.tri    ultall  tltifik  tit. 

I"  Iha*  tl.i  Hi  i:'!^  ff  ll.i  t'it>  f!  L-L-lfir  fti^ci  lilv-nit-* 
tl.fot.  li.a\  l>«  ii.  ll.«-  fl<if-riitk*  ai.ii  i:i'\rriiiiiri.t  ff  I!.r  i^t\\ 
\'.  .1  <  I  A!  ill  III-  I  .  iiii  t  *  fiiiiii'  i.«  lit  I  Xuii-  \\  iMiMiKlilrii.  i.r  Boch 
.t«  titr\  -ii  iL  :r>-'ii  tiitii- tf  tiiiit  a]  |k  u.t  (  w  ii**!*^*!  thr  l^<ri  Matuc 
i\:A  S.  fiitN  tf(  thr  tiiiii*  U'lKk'  t>  U  th:i-9^  t^-  U  i-ai|ilo«r«t  u^ii 
•  :!•  *•  t  fr  111  tiiDi  T>  M::.f.  lit  kill.':  ii..iii].iT  A»  A^Vi  Ijt  ajTml 
.    .  .1.  :    >]  I-  II  ti-t  \\   i-  til   M       -  -  «>!   \'.\i  \i  k::.i  lit. 

'\\..\\  I  i.ti/ti.  f*  tf.'-  t':'\  •:  L'l.  i'l*.  Iff  Aii>  i'f  tr.t  furrv* 
.■!    Ml'    ^ -I'i   (  .!>     •!.   '-i.  i    '--    ii.iuii   f  rtii   •>!    i.>^iii|«ilr«l   tu    |f\« 


1646]  The  Propositions  c^  Newcastle  305 

out  of  the  said  City,  or  liberties  tiiereof,  for  military  aefTice, 
without  their  own  free  conseDt. 

That  an  Act  be  passed  for  granting  and  coofirming  of  the 
charters,  customs,  liberties  and  franchises  of  the  City  of  London, 
notwithstanding  any  lumtuer,  minoer,  or  aim$tr. 

That  the  Tower  of  London  may  be  in  the  goTemment  of  the 
City  of  London,  and  the  chief  officer  and  governor  thereof,  from 
time  to  time,  be  nominated  and  remoTable  by  the  Commcm 
Council :  and  for  prevention  of  inconveniences  which  may 
happen  by  the  long  intermission  of  Common  Councils,  it  is 
desired  that  there  may  be  an  Act  that  all  by-laws  and 
ordiuances  already  made,  or  hereafter  to  be  made  by  the  Lord 
Mayor,  Aldermen,  and  Commons  in  Common  Council  assembled, 
touching  the  calling,  contiuoing,  directing  and  regulating  the 
said  Conmion  Councils,  be  as  effectual  in  law  to  all  intents 
and  pnrix)6e8,  as  if  the  same  were  particularly  enacted  by  the 
authoi-ity  of  Parliament.  And  that  the  Lord  Mayor,  Aldermen, 
and  Commons  in  Common  Council  may  add  to  or  repeal  the 
said  Ordinances  from  time  to  time,  as  they  shall  see  cause. 

That  such  other  propositions  as  shall  be  made  for  the  City, 
for  their  further  safety,  welfare  and  govemmeut,  and  shall  be 
approved  of  by  both  Houses  of  Parliament,  may  be  granted  and 
confirmed  by  Act  of  Parliament. 

19.  That  all  grants,  commissions,  presentations,  writs, 
processes,  proceedings,  and  other  things  passed  under  the  Great 
Seal  of  England,  in  the  custody  of  the  Lords  and  others 
Commissioners  appointed  by  both  Houses  of  Parliament  for  the 
custody  thereof,  and  by  Act  of  Parliament  with  the  royal 
assent,  shall  be  declared  and  enacted  to  be  of  like  force  and 
effect  to  all  intents  and  purposes,  as  the  same  or  like  grants, 
commissions,  presentations,  writs,  processes,  proceedings,  and 
other  things  under  any  Great  Seal  of  England  in  any  time 
heretofore  were  or  have  been:  and  that  for  time  to  come, 
the  said  Great  Seal,  now  remaining  in  custody  of  the  said 
Commissioners,  continue  and  be  used  for  the  Great  Seal  of 
England :  and  that  all  grants,  commissions  and  presentations, 
writs,  processes,  proceedings,  and  other  things  whatsoever, 
passed  under  or  by  authority  of  any  other  Great  Seal  since 
the   22  nd  day  of  May,  anno   dom.  1642,  or  hereafter  to  bo 


CemttiMkmai  Doemmimtt 


1 


ftmmA,  b*  hmlid,  maA  d  mo  abet  to  all  ialaaU  tmi  fmftam: 
«a(«|A  laeli  wriU,  pnccM  smI  coawiiiniii.  ••  Wiy  f*' 
niMUr  M>r  oUmt  QrMt  8m1  Uhw  Um  mU  Oral  8nl  n  tU 
nwtnljr  of  tlw  Onw biintitw  kCBtnttld,  oa  «r  dl«  tW  mU 
iiwl  (.f  Ma/,  and  Ufon  Uw  tBU  imj  cl  Htmmbw,  mm  4aa. 
I  (4J.  w«ra  aftarwania  pwcaiJad  vpos,  rati— J  iato,  or  pat  ia 
UM  in  an/  tif  Um  Kiajf'a  Oaarta  at  Waatwiwalar;  a^  aaaafi 
tb*  gruil  to  Mr.  JmtiM  Omm  to  U  ooa  of  tka  JwlLw  of  tW 
Klnft'a  Beach ;  ani  anafil  all  aela  aod  pranadiafi  I7  nrtaa 
vt  aaj  aoek  ooMuaJwimia  of  ||MMaliTM7,  imiam,  asd  Aio'  ^'jm 
M'  (^  awl  r«rauMr,  paaad  ular  aajr  OimA  Baal  tkM  iW 
8mI  afo^U.  in  Um  natoar  o(  Dm  Mid  CbMWMMM,  Mmm 
tU  lalofOrtoUr.  1641. 

A^  tlwt  aO  gtnia  of  afcaa.  lanA.  I  1  iiili  mimtm^ 
■Mala,Midaerpaaad  wwlar  Um  Owt  Baal  af  Iwlawi.  — *»  mg 
potMM  ar  piraai,  bafiM  pnlHk  ar  oocponta,  dnm  Iho  a^HiiiB 
■ada  ia  Inlaad  Iba  isthday  afSaplaMbar,  t«43>rfMU  W  adi 


panoa  «r  pacwaa  is  llNnid  Idi^dMB  of  lnl>Bd( 
oaMatiM,  iImU  k  mU  aad  rad. 


C7.  Tn  Koto's  mar  AmwBB 

rkunmti  at  Nkwcaxtul 
lA^wi  t,  iM.     J>mmI>  irf  *•  Hum  rf  Lib*,  Htt.  4 
OMI  rar.  UL  isj.] 
GbaflM  R. 
TIm  prapoaKiMM  tmimwi  la  Hia   M^Mty  hy  tlw  Om- 

MiManMn  ftva  tlu  LaHi  a«l  Ommam  illil   is  lU 

Pariiawanl  of  IbflaMl  al  WaotnuMlM.  ud  tlw  OanMiMa^Ms 
•r  Um  IWliaaaBt  of  Hbolkod  (to  which  tW  II OBBM  «r  rarikMMl 
iMtT*  l«koa  twico  m  anj  MMtU  far  doliWstW,  m  Ikor 
h-**  oaaigMd  da^a  far  ir*  H^Mtya  uawM^  do  tapwt  ■. 
gnat  aharatiuM  ia  ivraniMBal  both  ia  tba  CfcacA  mi 
Uafin^  M  il  {•  varj  dlfacslt  to  ratsra  a  pMtiMlv  imI 


W  rifkttj  waifhad  a^  1 


1646]     The  King's  first  answer  to  the  Propositions   307 

(upoa  a  full  view  of  the  whole  propoBitione)  may  know  what  is 
left,  aa  well  as  what  is  takeu  awaj  and  changed :  in  all  which 
he  Gods  (upoD  discoaree  with  the  saiil  CommJBsioDere)  that 
they  are  80  bound  ap  from  any  capacity  either  to  gire  rca§ons 
for  the  demandB  tliey  bring,  or  to  give  ear  to  aach  desires  as 
His  Uajesty  is  to  propoond,  a>  it  is  impossible  for  him  to  give 
such  a  present  jadgment  of,  and  answer  to  these  propositions, 
whereby  he  can  answer  to  Ood  that  a  safe  and  well-grounded 
peace  will  ensue  (which  is  evident  to  all  the  world  can  never 
be,  unless  the  just  power  of  the  Crown,  as  well  as  the  freedom 
and  propriety  of  the  subject,  with  the  just  liberty  and  privilegos 
of  Parliament,  be  likewise  settled) :  to  which  end  His  Majesty 
desires  and  proposeth  to  come  to  London,  or  any  of  his  houses 
thereabouts,  upon  the  public  faith  and  security  of  the  two 
Houses  of  bis  Parliament,  and  the  Scots  CommissionerB,  that 
he  shall  be  there  with  freedom,  honour  and  safety ;  where  by 
his  personal  presence  be  may  not  only  raise  a  mutual  confidence 
between  him  and  his  people,  but  also  have  these  doubts  cleared, 
and  these  difficulties  explained  unto  htm,  which  he  now  conceives 
to  be  destructive  to  his  just  regal  power,  if  he  should  give  a  full 
consent  to  these  propositions  as  they  now  stand :  as  likewise, 
that  he  may  make  known  to  them  such  his  reasonable  demands, 
as  he  is  most  assured  will  be  very  much  oonducible  to  that 
peace  which  all  good  men  desire  and  pray  for,  by  the  settling 
of  religion,  the  just  privileges  of  Parliament,  with  the  freedom 
nnd  propriety  of  the  subject:  and  His  Uajesty  assures  them, 
that  as  he  can  never  condescend  unto  what  is  absolutely 
destructive  to  that  just  power  which,  by  the  laws  of  Ood  and 
the  land,  he  is  born  unto ;  so  he  will  cheerfully  grant  and  give 
his  assent  unto  all  such  Bills  (at  the  desires  of  his  two  Houses), 
or  reasonable  demands  for  Bcotland,  which  shall  be  really  for 
the  good  and  peace  of  his  people,  not  having  regard  to  his 
own  pnrticular  (much  less  of  anybody's  else)  in  respect  of  the 
huppiiiess  of  these  kingdoms.  Wherefore  His  Majesty  conjures 
them  as  Christians,  as  subjects,  and  as  men  who  desire  to  leave 
a  good  name  behind  them,  that  they  will  so  receive  and  make 
use  of  this  answer,  that  all  issuee  of  blood  may  be  stopped,  and 
these  unhappy  disti-actioni  peaceably  settled. 
At  Newcobtle,  the  ist  of  August,  1646. 


CoHStitMhonal  DoeumuHh 


Vfoa  I 


.  Hb  lU>Miy  »dl 


far  kn  pnfcct  tthtikntm. 


68.  Tbb  Kiko'ii  tmoawv  Anwn  n  nn  Pw 


OrMf  OMl  W^.  U.  I«i.] 
CIwHm  R. 
Ilia  Ui^Ht/a  UiM«ltb  bdng  ftlwayi  tincmly  bnl  I*  tki 
|i««*  of  kb  lusfdaiai,  ww  ud  wiO  \m  mr  teinM  to  tobi 
ftll  mja  wUcfa  nigbl  tW  noM  ciMrly  hmIcb  aiipMr  IW  wm<wi 
■f  hu  ialamiiMw  bi  Ut  p«a|il«:  sad  to  tU*  Md  cmU  Im4  w 
btttor  way  thaa  to  prapoM  •  pn«MMl  &«•  fct»to  wilk  In 
two  BooMi  of  hrtMBMit  ■!>»  ftQ  Um  frwl  Af««MW; 
ytt  fiaGi«,  nr7  BBch  ■fvart  ku  Mp«totMM,  Ikst  tUi  aflM 
»H  kid  Miii^  Hm  X^Mt  btirt  all  hii  tkoMfhl*  to  mU  1 
latontfaMifttBylaMrw,by»yHi«ilTiM»w  tottop 
Jotmml  to  him  to  Un  mm  of  kxk  H^Jwii.  141^  Jslj  li 
bat  Uh  nan  bo  «>JwtowwI  it,  W  mm  pUidjr  h«  iWt  a 
■Mnr  In  amU  Mfc«  weaM  b»  nl^iMt  to  ■liMifiiiwiIJi 
maA  ■iwBMlr»tliBB%  wUd  vpoa  bio,  ova  pi»|ili—  ■ 
upkMtiow  \»  u  Mort  maftihiil  will  gin  ■ 
H  WWdd  JBlbllwi  AMU*  ft   ItoppjF   sad    I 


Mi^wty  a^to  fcopn—  ud  dwinata  oomo  to  Laadoa,  «r  tt^ 
af  Ua  Imhm  Uwrnbauto.  apaa  tki  paUic  Utb  aad  wiiHj  aT 
Ut  t«a  BMfat  «f  Pkrikwwrt,  aad  tb>  Boato  K>mmamkaamm, 
Ibat  U  ibaU  bt  Ibm  vilk  ksMW.  frMdaa  aad  «M)r :  vbwa. 
bjr  bk  pirtTtaal  pnnata,  ba  vq'  aoi  m\$  lato  1 

1  Uh  aad  hii  pMpfe,  bat  aln  ha«a  t 
'    '     I  dWeallMi  oplabod  «    " 


,  b«l  witli  Iba  afam 


«bin 


1^  fin  >  partioakr  aaaww  to  tha  Piupuailiuaa  1  tmk 
vilk  vhiab  ba  ^abto  Ml  bal  ■  to  aMadkift  Ua  imI  iatoatiaoa 
br  tha  aatUit«  «f  nli|ioa.  Ika  JmI  yriiilifaa  <d  ftiliiiK. 
ailk  Iha  fraadoB  aad  prapitotj  of  Iba  aal^ait,  Ikt  it  a^B  Ml- 


1646-7]     Suggested  answer  to  the  Propositions       309 

be  in  the  power  of  wicked  and  malicious  men  to  hinder  the 
establishing  of  that  firm  peace  which  all  honest  men  desire: 
assuring  them  that  as  he  will  make  no  other  demands  but  such 
as  he  believes  confidently  to  be  just,  and  much  conducing  to 
the  tranquillity  of  the  people:  so  he  will  be  most  willing  to 
condescend  unto  them  in  whatsoever  shall  be  really  for  their 
good  and  happiness :  not  doubting  likewise  but  you  will  also 
have  a  due  regard  to  maintain  the  just  power  of  the  Crown, 
according  to  your  many  protestations  and  professions :  for 
certainly  except  King  and  people  have  reciprocal  care  each  of 
other,  neitlier  can  be  happy. 

To  conclude,  'tis  your  King  who  desires  to  be  heard,  the 
which  if  refused  to  a  subject  by  a  King,  he  would  be  thought 
a  tyrant  for  it,  and  for  that  end  which  all  men  profess  to 
desire.  Wherefore  His  Majesty  conjures  you,  as  you  desire 
to  show  yourselves  really  what  you  profeEs,  even  aa  you  are 
good  Christians  and  subjects,  that  you  will  accept  this  his 
offer,  which  he  is  confident  God  will  so  bless,  that  it  will  be 
the  readiest  means  by  which  these  kingdoms  may  again  become 
a  comfort  to  their  friends,  and  a  terror  to  their  enemies. 

Newcastle,  the  20th  of  December,  1646. 


69.  Suggested  answer  to  the  Propositions  drawn  up  for 
THE  King  by  the  leading  Pbesbttxrians  and  a  small 
number  of  the  independents,  and  forwardxd  bt  the 
French  Ambassador  to  Cardinal  Mazaein  to  be  laid 
BEFORE  Queen  Henrietta  Maria. 

^-— — ^— -?*  i<54f  •      Archives  des  Affairea  fitrang^ret,  Angleterre, 

Memoir e  envoy e  far  M,  de  Bdlievrt  au  Cardinal  Mazarin  *. 

Les  sinc^res  intentions  du  Roy  n'ayant  pas  est^  bien  enten- 
dues  par  les  responses  que  sa  Ma^  vous  a  fait  cydevant^  elle 
juge  k  propos  de  vous  faire  connoistre  quelle  estoit  lors  sa 
pens4e,  semblable  k  la  resolution  en  laquelle  elle  est  aujourd'huy, 
elle  estimoit,  lorsque  vous  ayant  &it  s^aToir  en  termes  g^n^raux 

^  This  document  is  only  known  to  exist  in  the  French  form. 


3»o 


CotuhtuhoHat  DoatmtMts 


[•< 


qB*«Ui  mMi  «uUir  b  nUfioa  M  tm  jutoa  |«iiiHti>  4h 
TMiauta  »*«■  b  ■wwM  da  m  •^Hi^  ft>i  dam  da^Mli 
«Ut  prttMddl  I'Mwwuiw,  H  fain  tMtM  Im  •' 
L  TMtebleHaM  pmr  kur  biea  it  Ivar  < ' 


Uftii  poor  TMH  U  fain  aaUadn  |i1m 


fail  |wr  !•  grand  tfmn  jOiqv'A  m  >o«r.  dif«k  fw  Us  4ms 
luiMtu  •'«!  Mot  Mrtjr :  ^'tO*  art  uwif  m  toloM*  dt  ■■MM 
k  pMnlr  d«  k  miUm  tajit  par  (■»•  qM  par  bv  Mh«  ka 


•t  d*«  ■■UtflBW  iTaatiM  m  kan  pkow;  at  oa  fan  Vtafam 
da  di«  MiaiMt  ^P  wt  ^ig*  ga'B  faUk  Urt  da  ia^a  fmr  a—iw 

k  aoalraatka  da  k  pab  a4  riiiiBfllMiwiiil  d«  c^m*  qai 


fla  JIal'  dooMn  panriOanMrt  pkiaa  tiifaartw  lowhaa* 
k  aeoddU  da  k  gwam  •■  Irknda  «l  lawkm  r«alaUkaaaa«* 
da  k  nUffkM  ao  k  H^ka  ««*alk  mo  aalaUk  as  latlrtpii. 
al  »  HmK  iiiaiiallw  da  taat  na  cnr  Ik  FMb  ^  Ma  Ml 
par  k  (MiftrMtka  daa  piiviltfai  at  daa  BP«ita«ii  da  k 
TtUa  da  Loodraa:  dk  m  portara  4'a«taat  piaa  wlialiin  4 
•Msnkr  ca  (|si  Ml  ejr  daaaa,  qn'aUa  m  doata  pakt  qaa  va^ 
Tuadna  anir  k  igaaidfcalka  qaa  voaa  dana  paor  Baklaak 
k>iMa  pomek  da  ■  •oonoM,  qa*  na  tmit  m  mtm*  paaa> 
an  pqnH  paor  ranir  avivj,  at  qa'il  aara  paarras  far  «»  aala 
d'aanilalk  at  pardas  g«a*«l  paiai  iku  k  ParksMl.  t  aa  qw 

tooka  Ua  iipmlii  da  tmabk  al  da  ■iiULUiat I  Mfwt 

MrtknaMBt  a«a«piaa. 

-tptkvMrM^wm 
ap^tMaatdaaAa 
da  n  HaM ;  u  Ray  hlnat  Mir  qaaUa  <al  an  Itrtmtka  fawdhml 
ka  iiliBwa  ka  phu  (vpwfaataa  d*  aaUaa  qui  lont  avMBBaa 
daM  ki  rnpaaitiowa,  nmt  puavaa  jfat  ifM  m  ^pi'il  a 
4  mtrm  tmj,  akajr  qv'fl  k  daaMsda  aaean  irliiala 


T  fc  Leadna,  «■  aa  TaM 
■  a«a«  pnaba^  aw  k  %  at  faa 


liaiiii 

1 


1647]   The  King's  third  answer  to  the  Propositions  311 

que  Yons  luj  donnerez,  qu'il  y  demeurera  avec  honneur^  searet^ 
et  liberty. 

Ce  n'est  que  pour  y  pouYoir  plus  promptement  et  avec  plus 
de  facility  que  d'un  autre  lieu  prendre  et  donner  des  esclaircisBe- 
ments,  faire  et  recevoir  les  Propositions  qui  peuvent  faire  naistre 
une  confiaDce  r^iproque  entre  sa  Ma^  et  ses  sujets  et  con- 
tribuer  k  establir  et  maiutenir  une  bonue  paix  taut  desir^  par 
les  gens  de  bien  ^ 

70.  The  Kino's  thibd  aksweb  to  the  Pbopositiohs 

vrbssntsd  at  newcastle. 

[Mfty  12,  1647.    Journals  of  the  Hooie  of  Lords,  ix.  193.    See  Oretit 

Civil  War,  iii.  35a.] 

Charles  R 

As  the  daily  expectation  of  the  coming  of  the  Propositions* 

hath  made  His  Majesty  this  long  time  to  forbear  the  giving 

of  his  answer  unto  them,  so  the  appearance  of  their  sending 

being  now  no  more,  for  any  thing  he  can  hear,  than  it  was  at 

his  first   coming   hither',  notwithstanding  that   the   Earl   of 

Lauderdale  hath  been  at  London  these  ten  days^  (whose  not 

coming  was  said  to  be  the  only  stop),  hath  caused  His  Majesty 

thus  to  anticipate  their  coming  unto  him ;  and  yet,  considering 

his  condition,  that  his  servants  are  denied  access  to  )^im,  all 

but  very  few,  and  those  by  appointment,  not  his  own  election, 

and  that  it  is  a  declared  crime  for  any  but  the  Commissioners, 

or  such  who  are  particularly  permitted  by  them,  to  converse 

with  His  Majesty ;    or  that  any  letters  should  be  given  to  or 

received  from  him;   may  he  not  truly  say  that  he  is  not  in 

case  fit  to  make  confessions  or  give  answers,  since  he  is  not 

master   of  those   ordinary  actions  which   are  the  undoubted 

rights  of  every  free-born  man,  how  mean  soever  his  birth  be. 

And  certainly  he  would  still  be  silent  on  this  subject  until  his 

'  '  Le  m^moire  cy  joint  est  ce  que  les  Presbyt^ens  qui  venlent  nn  Roy 
et  Be  veulent  bien  passer  du  Covenant,  et  quelquet  penonnes  de  quality  de 
party  contraire,  jugent  que  le  Roy  de  la  G.  B.  doit  envoyer  k  ce  Parlement 
arrivant  k  Hoiiibj.*  Bellicvre  to  Mazarin,  Jan.  39-Feb.  8,  1647.  Arch, 
des  Aff.  Ktr.  Angl.  Iv.  p.  177. 

'  The  Houses  had  for  some  time  been  engaged  in  amending  the 
Propositions  sent  to  Newcastle,  but  had  been  interrupted  by  their 
quarrel  with  the  army. 

'I.e.  Holmby  House.  *  As  a  Scottish  Commissioner. 


3ia 


CoHshfultitHal  Dommumtt 


d  (did  be  Mt  prate  Mtk  •  i^hl 
uatettMHiitig  MwMB  kw  ud  kia  hrlkaant  of  both  Ua^- 
doaa,  vhiait  luy  omIw  ■  Ira  aimI  hatinf  paaaa  ia  *U  lib 
AMlBtnna,  bflfot*  anr  pvliMikr  ol  liu  mm  w  aaf  aaatl^f 
Uamiif),  aad  tl>mlur«  H»  UftjMtr  IhUi  diUgMtlf  ■■^liijal 
hia  utnoat  dtdMrotin  (fcr  divan  dmmiUw  paat)  W  Is  wte^ 
kit  WMUntawUng  ud  «tMiy  Ua  lWMda^c^  UmI  b«  ailgM 
ba  ftUa  la  fin  aodi  auwtn  to  X\m  Pm|inaiti«a  m  waaiU  ba 
■oat  afnashJa  to  Ua  farliaaarta ;  bvt  ha  lofaoaMulf  pnyaaia 
tint.  MtvidMlMidim  ftU  Uw  pMM  ikat  W  kalli  talM  Uiaaaaa, 
Uw  ntnn  of  aoow  of  tbaai  appcwa  aaeb  nto  Uaa,  Itet  ^wiib> 
Mt  diaelabibig  tkat  rwawn  wldali  Ood  iMlh  |i«n  his  Is  Jad^ 
lijr  far  Um  gaud  of  kint  Md  Ma  pao^  ud  wiUmmI  patUig  Uw 
gnsUal  Tklanc*  D|i«a  Ua  ova  aouariaaaa)  ke  maatA  gtva  kia 
ooaaant  to  all  sf  Uwa :  jrat  Bla  lUH^  <^t  it  m^j  appaar 
le  all  Um  world  kow  daMima  ba  ia  le  (in  fall  iili^iliial 
hath  tboacbt  Bt  kanbj  to  ■aftaaa  Ua  r  " 
ha  awjr,  and  Ua  wilHafaaa  I 
liwiMilly.  if  Ua  l«o  Hovaa  at  Wm 
Ibmoi;  aaah  fartkar  Jafanaaltaa  ia  Iba  rat,  ■ 
eoariaea  Ma  >ri<awat  aad  aati^  tkaai  doabla  wMdi  at*  wt 
pt  daar  k)  bin  i  daatriag  tbaa  aUi  ta  taaadv  Ikal,  if  Hia 
Hajtitjr  iaiandad  la  wind  Uaaatf  aal  tt  thaaa  laaaUaa  by 
iadUtaat  taaaat,  ««fa  it  aat  aaal  aaay  fbr  bta  aav  nadily  to 
hath  er  riMn  ba  prepoaaJ  aats  kis,  B«l 
>  tlM  to  bcMb  aB.  aBagfaw  tbat  fanad 
a  Bf»  nat  ta  ba  bapt :-  aaralj  ba  aicbt,  aad  aot  jat 
1  Baaaari  fran  aa;  hiJHhtaal  vaa.  Bat  aasMaa 
oftfak  kind  afa  aat  tka  foAm  ttf  M»  lli^H>r'a  aalioaa;  far  ha 
ftaa^  aad  elaarljr  avvwa  that  ba  ladda  H  aabvM  far  aaj  ^^ 
a  Kia^  la  racada  tnm  Ua  praihai  far  bavi^ 


Wknafora  Uia  Ha^a^,  aot  oalj  raiaetiac  tkaaa  arta  wUfa 
ka  aalaawi  aaaartk;  of  Un,  ba*  mm  fBMBg  hf  thai  vhMh 
ha  Hilibt  wall  iaaiit  apaa  aa  a  poial  af  boooar,  ia  itipaal  tf 
1^  pcnaal  Madilioa,  tbaa  aaaaaia  tba  flnt  PiapaMliaai 

That,  apoa  Hia  lUtaaty-a  aeaui«  to  Lo»b»,  ha  «U1 
Jab  ia  an  Ibkl  *hall  MMMara  Iba  koacw  of  hia  Iwe 
M-  tba  katmUj  of  HUlra  of  thallaad.  ar  of  Um  CuaHi 


^ 


1647]   The  King's  third  answer  to  the  Propositions   313 

or  Deputies  of  either  kingdoms,  particularly  in  those  things 
which  are  desired  in  that  Proposition;  upon  confidence  that 
all  of  them  respectively  with  the  same  tenderness  will  look 
upon  those  things  which  concern  His  Majesty's  honour. 

In  answer  to  all  the  Propositions  concerning  religion,  His 
Majesty  proposeth  that  he  will  confirm  the  Presbyter ial  gOTern- 
ment,  the  Assembly  of  Divines  at  Westminster,  and  the 
Directory,  for  three  years  (being  the  time  set  down  by  the  two 
Houses),  so  that  His  Majesty  and  his  household  be  not 
hindered  from  using  that  form  of  Qod's  service  which  they  have 
formerly ;  and  also  that  a  free  consultation  and  debate  be  had 
with  the  Divines  at  Westminster  (twenty  of  His  Majesty's 
nomination  being  added  unto  them),  whereby  it  may  be 
determined  by  His  Majesty  and  the  two  Houses,  how  the 
Church  shall  be  governed  after  the  said  three  years,  or  sooner 
if  differences  may  be  agreed. 

Touching  the  Covenant,  His  Majesty  is  not  therein  yet 
satisfied,  and  desires  to  respite  his  particular  answer  thereunto 
until  his  coming  to  London:  because,  it  being  a  matter  of 
conscience,  he  cannot  give  a  resolution  therein  till  he  may 
be  assisted  with  the  advice  of  some  of  his  own  chaplains  (which 
hath  hitherto  been  denied  him),  and  such  other  divines  as 
shall  be  most  proper  to  inform  him  therein ;  and  then  he  will 
make  clearly  appear  both  his  zeal  to  the  Protestant  profession 
and  the  union  of  these  two  kingdoms,  which  he  conceives  to 
be  the  main  drift  of  the  Covenant. 

To  the  seventh  and  eighth  Propositions,  His  Migesty  will 
consent. 

To  the  ninth.  His  Majesty  doubts  not  but  to  give  good 
satisfaction,  when  he  shall  be  particularly  informed  how  the 
said  penalties  shall  be  levied  and  disposed  of. 

To  the  tenth,  His  Majesty's  answer  is,  that  he  hath  been 
always  ready  to  prevent  the  practices  of  Papists;  and  there- 
fore is  content  to  pass  an  Act  of  Parliament  for  that  purpoee, 
and  also  that  the  laws  against  them  be  duly  executed. 

His  Majesty  will  give  his  consent  to  the  Act  for  the  due 
observation  of  the  Lord's  Day,  for  the  suppression  of  innova- 
tions, and  those  concerning  the  preaching  of  Qod's  Word,  and 
touching  non-residence  and  pluralities. 


3H 


Coiuiilmhemi  Docmmtmta 


1 

:  vA«to         ^ 


And  Hh  Ui^j  »>U  W  vOliBg  lo  pM  mmJi  Aal 
u  tlwU  U  iiBqaWlt  to  CUM  MMiyi  for  Um  fti^mt^t  mad 
MtutrUf  of  bQ  H>I»  dabia:  opMtuiff  aha  tb^  hb  will  h> 
Uicrcia  condnJid. 

As  ht  tU  PropMitiaD  tfluduii*  tW  MiBtk:  lh«Mgk  Hte 
Mi^ntj  ckniMit  ■o—>rt  unto  K  m  ImMnu  m  K  »  fnf^ti 
(bfeaoM  thartby.  Ii*  eoneaivM,  In  wb<iUj  |Mrta  wilb  Um  pamtr 
id  th«  nrord  ialnulMl  to  km  I7  Oai  ud  Ik  kva  rf  Us 
had  far  th»  prolMtioB  and  gwrwMmt  of  U>  pw|4f.  ttiwby 
ftl  oM*  diTHtUff  hkmmV,  tad  duialMritiac  hu  frntawitj  td 
ib^  right  «>d  pnnirKtiTC  cT  tW  Oowa  wUdt  b  ■WnliBlt^r 
BMMnfT  to  tha  UBflj  oSm^  aad  m  ■■fchnjf  mmmm^  m 
lUi  kii«dMB  that  littU  mof*  Ihu  Ikt  auM  aad  ilMdsw  af 
it  will  iWBMb),  j«t,  U  it  ba  oolr  Mcnrity  far  ite  |iMtf»MiM 
«f  tW  pMca  ■/ lUi  kuciloa  alter  tbM*  iMkppj  tnaUa^aat 
tlw  6m  pwforMOH  of  aQ  tfca  agniBili  wUck  m*  m«  to 
ba  Modtidtd.  wUdk  ia  doirtd  (wU^  Hia  M^-tf  >l«ay» 
■■dwiluMil  to  bi  tka  «MBk  ud  bopM  tbat  barwa  Iw  ia  m» 
■iitakaaX  Uk  lU)«*r  will  (Itc  abudaat  Mthfcrtiaa ;  ta 
wUeb  and  b«  b  wOliiv  to  iBMWt.  by  Aat  of  Parliaant.  Ifal 
tfaa  whob  poww  or  tU  ailitb,  boUi  bj  M»  aad  bad,  far  tba 
a|BM  of  tMi  ymn,  b«  IB  mA  pHMW  M  tfaa  tww  How  af 
il  MauMU  <«Mac  iImm  poww,  d«ti«  Ik 


to  Ihair  pbo«  at  fbMBra)^  ud  aftarwaidi  to  ntaim  to  ifaa 
pnfw  ibuDil  a^iii,  a*  U  waa  ia  tba  tinta  of  Qaaaa  BbabMfc 
aad  Kii«  Jnaa  oT  hlMad  MaMVy.  Aad  ww  Hb  M  jiilj 
M^jBTM  Ui  two  BoDwa  of  ParliiMwt.  m  tbrjr  an  la^ilMia 
tad  btara  *d  paaaa.  by  Ik  dvtj  ihar  ava  to  H»  Uaimty  tiMir 
Ktag,  aad  bj  Ibt  b«««b  vi  MSfMarioa  tbry  bavo  to  Ikar 
Mtow.Ml)tKta,  tUt  ibar  wiU  aawpt  af  Ibb  Hb  Mi^Mr^  dfar. 
wbai«bj  Iba  jojrfol  aowi  oT  p«aa  mj  U  raMorad  to  lUa 
liydibtog  Ui4<lo«.  Hb  Mfbity  wiU  sraal  tbt  liln  to  ika 
Ua«daao(8aalbad.trHbad>aind;  aad  ba  wfll  affraa  to  aU 


batwaM  Iba  two  ki^dana. 


«a  gifa  MlbfaatiM  ttmta. 


I  lnliiiiliii  fw| 


J.  UblbM^J 

iMtoUbl^^^l 


1647]   The  King's  third  answer  to  the  Propositions   315 

both  kingdoms  by  Act  of  Parliament,  and  the  qualifications, 
modifications  and  branches,  which  follow  in  the  Propoeitions, 
His  Majesty  only  professes  that  he  doth  not  sufficiently  under- 
stand, nor  is  able  to  reconcile  many  things  contained  in  them  ; 
but  this  he  well  knows,  that  a  general  act  of  obliTion  is  the 
best  bond  of  peace,  and  that  after  intestine  trouble,  the  wisdom 
of  this  and  other  kingdoms  hath  usually  and  happily,  in  all 
Ag^S)  granted  general  pardons,  whereby  the  numerous  dis- 
contentments of  many  persons  and  families  otherwise  exposed 
to  ruin  might  not  become  fuel  to  new  disorders,  or  seed  of 
future  troubles.  His  Majesty  therefore  desires  that  hb  two 
Houses  of  Parliament  would  seriously  descend  into  these  con- 
siderations, and  likewise  tenderly  look  upon  his  condition 
herein,  and  the  perpetual  dishonour  that  must  cleave  to  him, 
if  he  should  thus  abandon  so  many  persons  of  condition  and 
fortune  that  have  engaged  themselves  with  and  for  him  out  of 
a  sense  of  duty ;  and  propounds,  as  a  very  acceptable  testimony 
of  their  affection  to  him,  that  a  general  act  of  oblivion  and  full 
pardon  be  forthwith  passed  by  Act  of  Parliament. 

Touching  the  new  Great  Seal,  His  Majesty  ia  vary  willing 
to  confirm  both  it  and  all  acts  done  by  virtue  thereof  until 
this  present  time ;  so  that  it  be  not  thereby  pressed  to  make 
void'  those  acts  of  his  done  by  virtue  of  his  Great  Seal,  which 
in  honour  and  justice  he  is  obliged  to  maintain ;  and  that  the 
future  government  thereof  may  be  in  His  Majesty,  according 
to  the  due  course  of  law. 

Concerning  the  officers  mentioned  in  the  17th  Article, 
His  Majesty,  when  he  shall  come  to  Westminster,  will  gratify 
his  Parliament  all  that  possibly  he  may,  without  destroying 
the  relations  which  are  necessary  to  the  Crown. 

His  Majesty  will  willingly  consent  to  the  Act  lor  the  con* 
firmation  of  the  privileges  and  customs  of  the  City  of  London, 
and  all  that  is  mentioned  in  the  Propositions  for  their  particular 
advantage. 

And  now  that  His  Majesty  hath  thus  far  endeavoured  to 
comply  with  the  desires  of  his  two  Houses  of  Parliament,  to 
the  end  that  this  agreement  may  be  firm  and  lasting,  with- 
out the  least  force  or  question  of  restraint  to  blemish  the  same. 
His  Majesty  earnestly  desires  presently  to  be  admitted  to  his 


ji6  (\mshhitn'tuil  /hfCUMfPits  ..i4i7 

I'lirliuiueiit  at  \Vestiiiiii*'tri,  with  that  htiiinur  which  !•  Jti#  lu 
th«*ir  Si\eri  ii;ii.  th»Ti-  Milfinnlv  to  contiriii  the  anine.  am)  I^caIIt 
t«i  |i:iK<i  the  Art*  ttrfiin*  riieiitiniiet)  ;  ami  to  ^irr  aiul  rrr^iTr  aa 
wril  -ati^fiirtiiiii  in  all  thr  reriiainiiij  fiArtiruUri.  at  hkrwiir 
hill  h  other  |>U-iii.'e«i  of  niiitiial  love,  triiit  niii!  ruiificlfure.  •■  ftiitll 
iiiif*t  i-i>ni-eiii  the  ^*ih\  mid  |iiif«|M«iity  uf  hiui  and  hit  |^«  |-W 
u|Hii  whir  1 1  li*|>I>v  atfri-t  in«iit  Hit  Majrtly  will  «lff^|«tch  bit 
liin-i  tii»ii*>  tt>  thr  rriiii'r  hit  m)i..  tn  rrtiini  iiiinie«liat^lT  to  him. 
riiiii  \till  uiidiTtttke  fur  hi^  rcs'ly  iil^-iiirine  tliert-ur.tn. 


71      TlIK     1I»:AIi*«    of     THK    rHOMi^At.^    OiriRII*    l<T    Tl<  K 

AHMT. 

(Ank'iiat  I,  i^m7       i:  i«h»-'rl*.,  •.!.  731       *<r«  fiV-jr  «  iti 
H'.ir,  111    3i.,   333,  34:    313.) 

r/i*  //'III/*  of  th^  I*rt»^-ftt*ilg  aijfTfM  i#/i"fi  fcy  Aif  A'^r^lUney  >fr 
/'hifn  !•  /'iiir'iir  'in  /  /^.^  '*  i».ii-i/  >-r  tK^  .Irvfii/,  fi*  '^  Ut^Ur^U 
f'l  f/i«  f '«tmr/ii ••tfri/r«  iir  /'tiriftn^nt  rftt-fitttj  infA  fiw 
.4  rrri  V.  riNi/  !/')'/•  fA^r/i  f'l  '/  tr*'iU-i  ■•■•  6y  fA#  ^ '.  wtiiiftmrrt 
I'f'  f/t^  .(rr/iy.  fi-hUnnttij  fA/  j  ttrttrularB  of  iknr  *Umr9» 
Mi  j  titf}!  inr*  f  tKetr  f'^rntrr  i<rinr  it%  hm  an  I  /«j#r«.  tn 
■  r.if  f.>  */,f  rV^i I ri III/  ntul  tfmrtn  f  ff  thf  nuhta  iiwl  /i?*rff#* 

/'••  i<  'if''.  'IT'  (|./  '•./  Bimit  'uriKer  jurti-uLtr  'i^nrrs  <,^ue  l4# 

'i/«<'  ri> '1^.14^'/   IN    i*r   M^i-'«<  irv  /•'  r/udiif*/   «•''  rArtr   'orwirr 
rr^  •-'#r/ifii'ii-fi«  iin>/  ifiy-^rt  tiy ^ 4iiiif/./  fd  /^  fr/iif^/  Uf9m 

I  If.  if  itl.iik:-  Irrtatirr  pnno*^!,  Ui.ii:  pn'Vi«ied  f  r  by 
t)  !'<  1  .irliiiiiiriit  I  ••rtaiii  |»T'.i»i  may  l>v  Art  of  rarliaiiMttt) 
it  •••  I.  r  !hi-  i:.-i.i..-  •!  thi«  I'.i:  liii:ip  itt  <»uch  |irric^  !•»  («  ^t 
ui"  :.  .1  y*  AT  .1?  Hi  ^' >  ui.'i  ti.  tin  »jiii.f  At't  |ir*'Tt»ion  to  br 
11.1 '•  fii;  !ii<  «i:>  •  f**!- I.  .11. •!  <  •■ii»ti'u'.:<  ii  **(  i'Ariiamviiia  ib 
tii'-.r       »'   f  i!   w-  ?■ 

I  1  hat  1  .11.-..1-.  •  I  !-  lua^  :  ir.  :::.ti.v  («  iall««ii  ai.ti  mr^  at 
.1  ••r*i:  \m  M.rt.  !:.  K  |ir\i«i>>ii  f •  r  tiir  •>ritainty  ther*\«f. 
..>    Ill    !iii    ibtf    Alt    «••    ii..iilr    t   r    tiiiiii.ial    rarlianiruta,    aDil 


1647]  Heads  of  the  Proposals  offered  by  the  Army    317 

what  further  or  other  provision  shall  be  found  needful  by 
the  Parliament  to  reduce  it  to  more  certainty;  and  upon  the 
passing  of  this,  the  said  Act  for  triennial  Parliaments  to  be 
repealed. 

3.  Each  biennial  Parliament  to  sit  120  days  certain  (unless 
adjourned  or  dissolved  sooner  by  their  own  consent),  after- 
wards to  be  adjoumable  or  dissolvable  by  the  King,  and  no 
Parliament  to  sit  past  240  days  from  their  first  meeting,  or 
some  other  limited  number  of  days  now  to  be  agreed  on ;  upon 
the  expiration  whereof  each  Parliament  to  dissolve  of  course, 
if  not  otherwise  dissolved  sooner. 

3.  The  King,  upon  advice  of  the  Council  of  State,  in  the 
intervals  between  biennial  Parliaments,  to  call  a  Parliament 
extraordinary,  provided  it  meet  above  70  days  before  the  next 
biennial  day,  and  be  dissolved  at  least  60  days  before  the  same ; 
80  as  the  coui-se  of  biennial  elections  may  never  be  interrupted. 

4.  That  this  Parliament  and  each  succeeding  biennial  Par- 
liament, at  or  before  adjournment  or  dissolution  thereof,  may 
appoint  Committees  to  continue  during  the  interval  for  such 
purposes  as  are  in  any  of  these  Proposals  referred  to  such 
Committees. 

5.  That  the  elections  of  the  Commons  for  succeeding  Parlia- 
ments may  be  distributed  to  all  counties,  or  other  parts  or 
divisions  of  the  kingdom,  according  to  some  rule  of  equality 
or  proportion,  so  as  all  counties  may  have  a  number  of  Parlia- 
ment members  allowed  to  their  choice,  proportionable  to  the 
respective  rates  they  bear  in  the  common  charges  and  burdens 
of  the  kingdom,  according  io  some  other  rule  of  equality  or 
proportion,  to  render  the  House  of  Commons  (as  near  as  may 
be)  an  equal  representative  of  the  whole ;  and  in  order  there- 
unto, that  a  present  consideration  be  had  to  take  off  the 
elections  of  burgesses  for  poor  decayed  or  inconsiderable  towns, 
and  to  give  some  present  addition  to  the  number  of  Parliament 
members  for  great  counties  that  have  now  less  than  their  due 
proportion,  to  bring  all  (at  present),  as  near  as  may  be,  to  such 
a  rule  of  proportion  as  aforesaid. 

6.  That  effectual  provision  be  made  for  future  fireedom  of 
elections,  and  certainty  of  due  retoms. 

7.  That  the  House  of  Commons  alone  have  the  power  from 


3ia 


CtMSAiMwiMi/  Doammtta 


tina  ta  lint  to  »t  down  fRrtW  flnlwi  Md  nUm  Sw  tfcs  a 
mtpwiJ  ia  Um  two  iMt  ineadisg  aitlolM,  ao  m  to  i«d 


fecUiM  of  •qnslitjr  in  tba  dutrilmtiaa,  frMdon  ia  tk*  alvtoi^ 
ordtr  in  ilw  procMrfing  (tonto,  aad  orUtBlj  ia  tto  ntam^ 
aritb  ordan  aad  raid  (ia  tlMt  mm)  to  ha  ia  Uwa 

8.  UnI  thera  be  a  UlMftr  lor  Mtoriac  diawato  ia  Um 
Boom  ofCoamoai,  wUk  praviaiaB  tWt  nsM^lMr  b  mmb*^ 
aUa  far  aagkt  Mid  or  voted  in  tba  Haota  ftatW  tlna  to 
asdMioa  from  tlwt  traM;  aad  tkak  oaly  ^  tba  JadfMl 
of  tU  HooM  ito^. 

(.  That  iba  jwfitial  yiwn,  or  povor  of  loal  jad>»t1  ia 
tba  Lofda  aad  Coanona  (aad  tbair  |»««r  of  vyoaitiaB  aad 
applicatioB  of  U»,  witkaat  hrtlMr  apyaalX  aajr  W  elaand; 
and  iWt  DO  oAow  of  jaatur,  BiaiaUr  of  atoto^  or  alhar  yaoaa 
adjadgad  bj  Owai,  nay  be  aafaUa  «f  ptataattea  or  fifJM 
froiB  tba  Kiag  wilhawt  tfcair  adviaa  or  aoaoaal. 

■o.  nal  tW  ri«bt  aad  Kbwtj  af  Ifaa  (hM^m  of  "j'  t 
mar  t"  ebarod  aad  riadkatod  aa  to  a  daa  iiiB|liii  9nm 
aaj  jadfiaaat,  trial  of  oUwr  praaaadjan  i^laal  tkaaa  by  Ite 
Bawa  of  tmn.  vithont  tbe  oMMarriiw  jadgWM*  <f  tW  Ha— 
af  Ooauaaaa :   aa  alao  (ran   aaj  otbor  jadipaial,  i 


to  tiw  law  of  Um  laad. 

It.  Tbo  MM  Act  to  psvida  Oat  (iwd  jiy  ■agr  ba 
ehoaaa  b7  aad  far  wranl  lacto  or  divtaiaaa  tf  aaab  aatoi^ 
rHpadiTvly,  in  aoaa  oqaal  wajr  (aad  aol  to  laMaia  aa  aaw, 
at  tbe  duaratiaB  af  aa  Padw  BbarJg  to  W  pat  aa  «r  aC^ 
and  tlMl  Mch  iptaad  jaiTBaa  far  tbair  iiayiKlfa  aaaa«ia% 
BMj  at  aaab  Ajaiat  prwal  tba  aa«e  of  pwwao  to  be  aad* 
Jaatiew  af  the  Paaca  iam  li»a  to  Iim.  aa  tka  aaaalj  balh 
oaad  far  aax  to  t«a  addad  to  tbe  Qtmmkmia^  aad  at  Iba 

° '—-  to  pavaat  tfca  aaMa  af  tbna  |i— ai,  oai  of 

wlwa  Um  Kim  ^  V"^  «aa  to  ba  fibarifl  far  U»  aatt  y«r. 

n.  Fto  tin  fWota  toaarilr  af  PuluaNal  aad  tbe  aililto 
ia  gaaacal.  la  ofd«  tbacaaato^  tbat  it  ba  patUad  by  Aal  ^ 


I.  Tbat  Um  powar  of  tbe  nulttia  tgr  aoa  aad  Uad.  dariap 
tbe  afMM  of  toa  yvan  aaa*  waalng,  aball  ba  <   ' 


1647]    Heads  of  the  Proposals  offered  by  the  Army  319 

disposed  by  tbc  Lords  and  Commona  aSBembled,  and  to  be 
MSembltd  id  the  Psrliamont  or  Parliaments  of  England,  bj 
flucb  penons  as  thej  shal]  nominate  and  appoint  for  tliat 
purpose  from  time  to  time  during  tbe  said  space. 

1.  That  the  said  power  shall  not  be  ordered,  disposed  or 
exercised  by  the  King's  Uajesty  that  now  is,  or  by  any  person 
or  persona  by  any  antbority  derived  from  bim,  during  the 
said  space,  or  at  any  time  hereafter  by  His  said  Majesty, 
witbont  the  advice  and  consent  of  the  said  Lords  and  Com- 
mons, or  of  such  Committees  or  Conncil  iu  the  interrals  of 
Parliament  as  the;  shall  appoint. 

3.  That  during  the  same  space  of  ten  years  the  said  Lords 
and  Commons  may  by  Bill  or  Ordinance  raise  and  dispose 
of  what  moneys  and  for  what  forces  they  shall  from  time  to 
time  find  necessary ;  as  also  for  payment  of  the  pnblic  debts 
and  damages,  and  for  all  other  the  pnblic  nses  of  the  kingdom. 

4.  And  to  the  end  the  temporary  security  intended  by  the 
three  particulars  last  precedent  may  be  the  better  atnred,  it 
may  therefore  be  provided, 

That  DO  subjects  that  hare  been  in  hostility  against  the 
Parliament  in  tbe  late  war,  shall  be  capable  of  bearing  aoy 
office  of  power  or  public  trust  in  the  Commonwealth  dnring 
tbe  space  of  five  years,  without  the  consent  of  Parliament  or 
of  the  Council  of  State;  or  to  sit  as  members  or  assistanta  of 
either  House  of  Parliament,  until  tbe  second  biennial  Parliament 
be  passed. 

III.  For  the  present  form  of  disposing  the  militia  in  order  to 
the  peace  and  safety  of  this  kingdom  and  the  service  of  Ireland : 

I.  That  there  be  Commissioners  for  the  Admiralty,  with  the 
Vice-Admiral  and  Rear-Admiral,  now  to  be  agreed  on,  with 
power  for  the  forming,  regulating,  appointing  of  offioersaod  pro- 
viding  for  the  Navy,  and  for  ordering  the  same  to,  and  in  the 
ordinary  service  of  the  Kingdom ;  and  that  there  be  a  sufficient 
provision  nnd  establishment  for  pay  and  maintenance  thereof. 

z.  That  there  be  a  (Jeneral  fur  command  of  the  land  forcM 
that  are  to  be  in  pay  both  in  England,  Ireland  and  Wales, 
both  for  field  and  garrleon. 

3.  That  there  be  Commissioners  in  the  several  eonnfies  for 
the  standing  militia  of  tbe  respective  ooantie*  (oonaisting  gf 


3W                   CoHahMiimttJ   AimMMA                 ^^^| 

Uui»d  ludi  fi  >niliuto  i»t  i.  pj).  ntk  pntr  kc«*     ' 

•(U>a. 

1.  lUt  tian  ba  •  Ckaueil  </  SUM  wUk  |»nc  to  a|B> 

inlMd  awl  dine*  lU  Mnral  wd  putinhr  prnvn  af  *• 

ua  >i  Inkirf. 

fi.  Ilwt  Um  MB*  Oouid]  W7  l»T«  pwOT  M  IW  Kja«'» 

Om  luUiv  .r  nr  or  pfiM.  •ilk  aqt  aUiv  UafliB  •  MM 

imIiMUwiihM  lit  tiny  wmimmmAoirMtmaL 

«.  TW  Iba  aU|«nn'ri.(ll»ClaDdl<i(IIW>b>ri<  W> 

Um  hudi  J  UM;  lad  lUi  paaa  low  to  l»  wtod  tou 

ud  0»  m»  ptototo  to  otlaa  b  lU  rnnt  (.  trnt',. 

fcr  tktokiy  fcntobrtkb  lM<~ri  ud  Iniarl.  lb -tok- 

liibaal  u  oMum  uUI  M  aorib  altor  Ito  atoUit  •< 

IV.  TU  ••  Aa  to  patoid  fer  Jlifiriin  Ika  pM  ••>« 

lor  too  rto"  >T  <i»  Lofdo  oad  Cen>o»  to  IWtoa»:  or 

b,  _di  CotoidUooi  to  ll»r  al*!!  insiu  for  iWt  foq.toi 

oosl  rulioaoU).  oad  lAto  Ho  fotoi  Uto;  to         '    ■    Un, 

ond  Iko  Kl>(  oM  or  tkot  naW  to  OITobl  »  tor  *> 

_                  V.  nn  oo  Art  bo  poaod  Cir  nomUai  ol  o>r  IS«  ao^ 

M            itoto  II-  nil  d»y  of  lUr.  i«4i,  or  to  l«  WtoH.  toofc  fctoi 

■             ItoTiiiflMVpovor  toHlorooto  to  IMtooMlwMavtoaMoMI 

■             ol  Mil  Bootoi. 

W                Vt  TUl  ••  Aal  bo  potood  Ibr  nalliM  o>d  ■oluof  ooU 

m              or  ■foiool  007  Ibot  boTO  oriod  br  or  owkr  IMr  oolbod^      1 

B             tolbolouwor,  or  to  toloUoa  UU:o^lkollboOidh^^^ 

■            krtod»il,to.,bo...b.od.                                    ^^H 

■                m.  not  ■•  AM  bo  rotood  t»  adu(  nid  oil  p^^H 

■            *..  ..do.  lb.  OiM  Dtol,  Ibot  »  «ToH  o<tor  IM^H 

■            roHfiatol.  totoo  Ibo  litoo  Utol  il  WW  to  oonojod  t^^M 

I .J 

1647]   Heads  of  the  Proposals  offered  by  the  Army    321 

those  valid  that  have  been  or  shall  he  passed  aoder  Uie  Orsat 
Seal,  made  by  the  authority  of  both  Houses  of  Parliament. 

VIII.  That  an  Act  be  passe<l  for  confirmation  of  the  Treatise 
between  the  two  kingdoms  of  England  and  Scotland,  and  for 
appointing  conEervators  of  tbe  peace  betveen  them. 

IX.  That  the  Ordinance  for  taking  away  the  Court  of  Wards 
and  Liveries  be  confirmed  by  Act  of  Parliament;  provided 
His  Majesty's  revenue  be  not  damniSed  thoreio,  nor  those  that 
last  held  offices  in  the  same  left  without  reparation  some  other 

X.  An  Act  to  declare  void  the  cessation  of  Ireland,  Ac, 
and  to  leave  the  prosecution  of  that  war  to  the  Lords  and 
Commons  in  the  Parliament  of  England. 

XI.  Au  Act  to  be  passed  to  take  away  all  coerciTe  power, 
authority,  and  jurisdiction  of  Bishops  and  all  other  Eccle- 
sisetical  OBiceis  whatsoever,  extending  to  any  civil  penalties 
upon  any :  and  to  repeal  all  laws  whereby  the  civil  magis- 
tracy hath  been,  or  is  boand,  upon  any  ecolesiastical  censure 
to  proceed  (ex  officio)  unto  any  civil  penalties  against  anj 
persime  so  censured. 

XII.  That  there  be  a  repeal  of  all  Acts  or  ckuses  ia  any 
Act  enjoining  the  use  of  the  Book  of  Common  Prayer,  and 
imposing  any  penalties  for  neglect  thereof;  as  also  of  all  Actc 
or  clauses  of  any  Act,  imposing  any  penalty  for  not  coming 
to  church,  or  for  meetings  elsewhere  for  prayer  or  other  reli- 
gious duties,  exercises  or  ordinances,  and  some  other  provision 
U>  be  made  for  discovering  of  Papists  and  Popish  recusants, 
and  for  disabling  of  them,  and  of  all  Jesuits  or  priests  from 
disturbing  the  State. 

.^III.  That  the  taking  of  the  Covenant  be  not  enforced 
upon  any,  nor  any  penalties  imposed  on  the  refusen,  wherel^ 
men  might  be  restrained  to  take  it  against  their  judgment! 
or  consciences;  but  all  Orders  and  Ordinances  tending  to 
that  purpose  to  be  repealed. 

XIV.  That  (the  things  here  before  proposed  being  pravided, 
for  settling  and  securing  tbe  rights,  liberties,  peace  and  safety 
of  the  kingdom)  His  Uajesty'i  person,  his  Queen,  and  royal 
is^ue,  may  be  restored  to  a  condition  of  safety,  honour  and 
freedom  in  thu  nation,  without  diminntion  to  their  personal 


CtmstHuHonal  Dommmts 


hImvw 


rifhU.  or  fvtb«r  limitation  to  the  woBtviM  ml  tW  nfU  ftmm 
thui  afmrdinit  to  th»  paitiralkn  fartgoif 

XV.  F<ir  tlM  nMM«r  of  eonptMUioa : 

I.  That  ft  Im  MHBlMr  aot  or  tha  pMMna  aiwi^Mj  ta  ifa 
two  Ant  (toftHflMlkM  <M(  cuaadiBfl  tva  far  tlw  E^Hik) 
halnc  MmiMlad  paitittiariy  bj  Ik  FafTuMart.  «b  (!»• 
vrtli«r  vitli  tlia  |>*nuiM  b  tba  Iriib  lUMlioa,  ittlailii  !■ 
tbn  third  <{inlLfteatkM)  xmj  ba  rwartail  to  iba  ftntlMr  jarff^ 
iDBttt   of  t)ia    Pu^iaawnt   aa   tkaj  aball   lad  «aMB,  all  atkav 

^r«e*ptrd   pvmu    taaj  ba   nmKlad   ttwm   tba    iiBiyUi^  aai 
Hinitlnl  to  ronprntion. 
>.  That  lb*  ntra  of  all  ftttva  aafaaitiaaa  wmj  bs  iMHaal 
aiH]   linittil.  not  lo  «c^   iba  wva* 
vKftfCMad  rM^Mctivfly.     Tbat  la  la  aay. 
(i>  For  all  , 
part. 
(>)  For  Um  lata  iMcmbaii  of  Parlbvwl  n^r  tW  In! 
bnuwh  of  tbr   foortb   qoaU&allaa    in    iba    Prafiadtka^ 
ft  btirtb  part, 
p  (j)  For  atbar  naabn  of  Parl^nawl  Ik  tba  MMd  ^ 

■     tbbdbfnebaaoftbaM 
■        W  Far  tba 
J 
iriii. 


ion.  ao  •■i^tk  part. 

(S)  For  all  otban  iaclwlad  ia  Iba  aiilb  < 
ft  tantb  part:   aW  tbat   r^l   dabta   Mlber  ftpM  raaac< 

r  pro*«d  hj  witMawa,  bt  ceMitead 
vfthHtM  of  tbair  mMm  te  ftB  Mm  ■ 
%.  Tbat  tfceaa  wbo  iball  bwMftat  mm» 
Mt  barn  Iba  OoTOaM  p«t  opMi  Ibea  la  a  « 

■^  nal  aawpaaaJ.  faM  la  wa  Ibay  ibftll   aa* 
wiUnflljr  taka  it,  tbqr  aftj  pui  (batr  cDMywilMn  witbMrt  iL 

4.  Tbat  tba  pwaoM  aad  Mtataa  of  all  bgUab  aat  — <h 
Xjoo  ia  Iftwl  er  goo^  ba  •!  Ubw^  Md  iBiibiniil :  m4 
that  lfa>  Ku^a  ■anial   Mraota  Ibk  aaw  la^  «p  w^ 


ba  ItmI  Ami  MapaaiUaa,  «  la  paj  (at  MM)  bat  tba  fn- 
pgrtka  «(  «m  jnar'a  rataMM,  or  a  twwtialfc  part 

(.  Thalb  Mdar  to  tba  ■akit  tU  parfcaU^  aT  1 1  ■pial 


1647]   Heads  of  the  Proposals  offered  by  Ou  Army    303 

tionB  ftt  th»  nXet  kforaud,  Ute  r«Dt%  rOTtooei,  tnd  other 
daties  uid  profits  of  ftU  MqoMtered  Mtatei  iriutooam  (ezeept 
the  eatatei  of  saob  penou  who  ahall  be  eoDtinned  tutdw 
exception  m  before),  be  from  benoeforth  mqieDded  ud'  de- 
tained in  the  handB  of  the  rwpeotiTe  tenuitB,  oconputti  and 
others  from  irhom  they  an  doe,  for  the  ipM*  of  nz  monthi 
following. 

6.  That  the  &ith  of  the  umy,  or  other  fbrcei  of  the  Farli^ 
ment  given  in  articlee  upon  sDrrenden  to  tiaj  of  the  King's 
party,  may  be  fally  made  good ;  and  where  any  breach 
thereof  ihall  appear  to  have  been  made,  full  reparation  and  Btie- 
fiiction  may  be  given  to  the  partiea  injured,  and  the  penou 
ofi'ending  (being  fbond  oat)  may  be  eompelled  thereto. 

XVI.  That  there  may  be  a  general  Aot  <rf  Oblincm  to 
extend  nuto  all  (except  the  peieons  to  be  oontinned  in 
exception  as  before),  to  abeolve  from  all  trespaaeee,  miide- 
meanoars,  Ac.  done  in  proeeovtion  of  the  war;  and  frimi 
ell  trouble  or  prejodioe  for  or  oonceming  (he  Mme  (after 
their  compositions  past),  and  to  restore  them  to  aD  privilegae, 
ftc.  belonging  to  other  ■uhjecte,  provided  as  in  the  fourth 
particular  under  the  aeooud  general  head  afbrsgoing  ooooemlog 
Eecority. 

And  whereas  there  hare  been  of  late  strong  endoaTonn 
and  practices  of  a  &ctioui  and  desperate. parfy  to  embroil 
this  kingdom  in  a  new  war,  and  for  that  purpose  to  indnos 
the  King,  the  Queen,  and  the  Prince  to  declare  for  the  said 
party,  and  also  to  excite  and  stir  up  all  those  of  the  King's 
late  party  to  appear  and  ei^[age  for  the  aam^  whidt  attempta 
end  deKigns,  many  of  the  Kin^s  party  (out  of  their  desires 
to  avoid  further  misery  to  the  Idngclom)  have  eontributad 
their  endeavours  to  prerant  (as  for  diren  of  them  we  ban 
had  particular  asauranoe) :  we  do  therelbre  deeir^  that  saeh 
of  the  King's  party  who  shall  appear  to  havv  eaprswed,  aal 
shall  hereafter  ezp-esa,  that  way  their  good  sfleetioiiB  to  the 
peace  and  wel&re  of  the  kingdom,  and  to  hinder  the  ent- 
broiling  of  the  same  in  a  new  war,  mi^  be  f^eed  and 
exempted  from  eomposition^  w  (o  piy  hot  ona  year's  rarenoa, 
or  a  twentieti)  part. 

These  parUeulars  afarsgoing  an  the  haada  of  sooh  iVo- 


CamMtitutiimai  DeetmuiUs 


1 


fcmSm  n  wt  Imtc  agntd  m  to  Under  ia  ardar  to  \\m  Mtttiag 
of  tlM  |MMa  «f  tU«  ktmdoB,  l«vlii(  lb*  tMW  of  p«M  ftr 
tW  U^dtM  of  Seolk^  to  ibAd  M  in  tW  Uto  PnfMMitiav  rf 
both  IntigdMM^  utit  UmI  Usfdea  lUl  ■gn*  to  anj  alteralioak 
Nitst  to  tka  Pki|>m1i  •fMMUtl  fbr  Uw  pr«ul  «ttlia«  ^ 
ft  pMM,  n  ilukl)  dnin  tbat  ao  tisM  mk;  ha  Wt  bj  Um 
Pmrikai«rt  for  dM]ial«k  of  otW  Uiiiigi  twMtiag  to  tka  w«l. 
fiu«,  CM*  and  joat  aatiriartion  of  tW  kiofiJam,  and  in  afaaial 

L  That  tha  Jiut  and  nanaify  ^lim*j  of  tfaa  paopla  to 
rapraaant  thair  griawoaa  ftad  daaiiai  hf  waj  af  fatkia^ 
■•7  ba  eUarad  and  *inUe>tad,  aeeoi>dii«  to  tha  ftlUi  hm< 
in  tW  lato  rifraainlalian  or  DaekniMn  of  Ite  wrmr  wmtL 
Iron  St.  Albua*. 

XL  na  0*  pWMMM  of  Um  aoM  hand  bi  iha  mm)  Dadban- 
tioa)  Uh  eowBoa  griatuaoi  cf  lUa  pMpla  Rmy  U  iva«l% 
aeaiddorad  ol,  nad  afhotaaUj  raitnawd,  nnd  in  paitirakr. 

I.  That  Uw  axaioa  tmj  faa  tohan  off  few 


I  povr  paopla  «f  tha  Und  da  ocdJnarily  lira,  and 
■  aatoin  Hmm  to  bo  linitod  Car  Inking  itf  tbt  »Wa. 

».  That  iha  n|ifTwdaii  aod  iBiwiihawti  o(  fcnat  k«« 
iMkjr  ba  iwiiBMlid  im  tho  Mn« 

3.  All  mMayoMao  (old  «*  nnn)  and  natialnto  to  tha  tnmAom 
of  tnda  to  ha  tahw  aff. 

4.  nat  a  aooraa  any  ba  takan,  and  OaamfaMonen  ay- 
pafartad  to  ranadj  and  mtiJy  Iha  JnaqaafiQ'  of  ntoa  Iji^ 
npm  iowaal  aawrtia^  and  aaronl  parta  ti  aah  oaaaAy  •» 
foafoat  orothon,andto  aattia  tha  prayactian  of  Iwd  ralaa  to 
■on  ai|Balh7  Ihraaghavt  Iba  Uncdsao ;  in  ofdv  to  nhiA  wn 
■han  offtr  am*  taithar  partiaidan,  vUeh  ««  hapo  any  hn 

'  ••7 
I  hj  tithaa  to  ba  ooaaidand  vi,  and 

•.  Thai  tha  nilM  and  aonnc  of  law,  and  tba  oMeata  <f  il. 
■^  ba  ao  nidnaad  and  wfcfad,  m  (JMt  all  anil*  and  ^m^ 
liana  of  right  any  ba  Her*  daar  and  cartw' 


■  BaihMMli,  «■.  iH 


16471  fi cads  of  the  Proposals  offered  by  the  Army  335 

aud  not  BO  tedious  nor  chargeable  in  the  proceeding*  m  now;  iu 
order  to  wiiich  we  ahall  offer  aome  further  particulni-B  hereaft«r. 

7.  That  priBonera  for  debt  or  other  creditors  (who  hAve 
estates  to  discharge  them)  may  not  hj  embracing  impriaon- 
meut,  or  any  other  wa;>,  have  advantage  to  defraud  their 
creditors,  but  that  the  estates  of  all  men  may  be  some  way 
made  liable  to  their  debts  (as  well  as  tradesmen  are  by  com- 
missions of  bankrupt),  whether  they  be  impriaoDed  for  it  or 
not;  and  that  such  prisoners  for  debt,  who  have  not  where- 
with to  pay,  or  at  least  do  yield  up  what  they  haTe  to  their 
creditors,  may  be  freed  from  imprisonment  or  some  way  pro- 
vided for,  ao  as  neither  they  nor  their  families  may  perish 
by  imprisonment. 

8.  Some  provision  to  be  made,  that  none  may  be  compelled 
by  penalty  or  otherwise  to  answer  unto  questions  tending  to 
the  accusing  of  themselves  ur  their  nearest  relations  in  criminal 
causes;  and  no  man's  life  to  be  taken  away  under  two  witnesses. 

9.  That  consideration  toay  be  had  of  all  Statutes,  and  the 
laws  or  customs  of  Corporations,  im]M>sing  any  oaths  either 
to  repeal,  or  else  to  qualify  and  provide  againat  the  aame,  to 
far  aa  they  may  extend  or  be  construed  to  the  molestation  or 
eiianaring  of  religious  and  peaceable  people,  merely  for  noncon- 
formity in  religion. 

III.  That  according  to  the  sixth  head  in  the  Declaration 
of  tlio  army,  the  large  power  given  to  Committees  or  Deputy- 
LieuteuHDts  during  the  lata  times  of  war  and  distraction, 
may  be  spefdily  taken  into  consideration  to  be  recalled  and 
made  void,  and  that  such  powers  of  that  nature  aa  shall 
appear  necessary  to  be  continued,  may  be  put  into  a  regu- 
tilled  way,  and  left  to  as  little  arbitrariness  m  the  statute  and 
necessity  of  the  things  (wherein  they  are  conversant)  will  bear. 

IV.  That  (according  to  the  seventh  bead  in  the  said 
Declaration)  an  effectual  course  may  be  taken  that  the  king- 
dom may  be  righted,  and  satisfied  in  point  of  accouipte  for 
the  vast  sums  that  have  been  levied. 

V.  That  provision  may  be  made  for  payment  of  aireara 
to  the  ai-my,  and  the  rest  of  t&e  soldiers  of  the  kingdom  who 
have  concurred  with  the  army  in  the  late  desiroa  and  pn>- 
oeediogs  thereof;   and  in  tli«  next  place  for  payment  of  tlw 


.^.•6 


Co9nhtlitW9Ull    Ihn  liHStHfS 


i«^: 


|»lll>Iii-    •!•  l)t^    .111(1    •!.illi.1;.'ih    iif    ll.r     kll..'  !  -Ii.  .      ami     ttlAt    til    U 

|N'rfiirfiiiil.    !ii  "t     t^     -ui  h     |n  rf»«>it!*    uI.'M*    ilr^-l    i-r    'Ian;  t^^rf 
(ii|M>ii   thr   |)'ililii    ;it  I'iiiiit  )  an-   L'fnt,   .it.-l   lli«-ir   r***.t!f«    *i!.».l 
Ml  un   tln-v   .irr   th«lt)>\    irilurcil  tti   a   i)i!^r..lt\    nf  ail*-  «:rl.^c 
ill  iinKr  to  nV.   uliiili.  .«ii>l   t      tltr  t- urtli   |>ii:t>uUr   ia^t    | 
(-•■«. iiiiL:.  wi*    -iiii  1    ^j'l't-tlilv    (itftT    t"  xu*-    turti'iT    |iarti«i:Iar*    ■.:. 
tin     ii.itiiii*    lit    iiil'i-,    uiiivli    Hi'    1.- |«    Mill    Itt'    i-f    ^' ««1    utr 
t4iM';ilil-    |>'.il>li«'   Mit  iitiiL'ti  >li. 

Aiujust   I.  I '147. 

>U*i.e  i    \'\    tli«-    .iiij^-'iiitmri.t    nf    hik    Kirellrncj    >ir 

'^l•>ll.»^  F:iiifax  aud  ti.i*  ( '11111101  nf  War. 

J.    Ul'lillWi.i.l; 


7 J.      Tlil     KlNti'."*    .W^VIJh    T"    lilt    Ph'-lHtMTIiiJf*    •■» 

I'AM  :  Wl  ^  I 

I  >• -]  111  ii«  n  V  tl.i    K  I..;  ^i  J :...'- I    ..I'M?       !•    ■■  »   rlK.  ^i;    *ic 

*•■ .    'ir    I.*  '   1    I.     1 1     » ,   .        .''"i .   .■'••■ 

(  ii.iilin   l!i  X 

Ill<     M  •;r<»t'.    >  .il.    ■•*     ■}.'--••    I'l.:     lir    |A-*s|0|iatriy    N  ll«|7  U    I  a# 

)i     l«!i»M*    .1'..  I.*    j--i    <.i'-j.  ii-    ;»!••!  ff  tl.»'    lat««    :;t«a(    •!:•• 

tr.i  '.   '  -    .1: 'I  -'i!!    1 1:      .:*lii:  J    aiA    iii>it*!itl    ••a*i     n!    !S..« 

kii..'-i   III  ;   .1!.!  ).•■  •  .iii«   li  •!   t>i  %*  :*iif*i|i,  .ii.ll   i«   Mi'li   ii  ••■  {fi^' 

tr-!:ii.    !  _\    ?■•   .1  1    tl.i    u.i      i.  •■!    tii4    nA<lir>«^    t t.tnh  .fr    r  :• 

!»tr:.    -•   'l.i'.iN  '.;:-   I-  I    !•-••-!  il.^'   it   l«i    .1    1    •}■!  >     ^> '1    *•    :i:-".:_: 

Hi-   M  • -!  .   }  avi*  ^  jt:n*i'i  t'r  r:i>]->kiM<'i.t   I.   »   l'f»i:ji.l  l.i 

l.itii.  !■:.  :  ri.t-i.  •}.•    -.iT!ir  ::.  §  **i  .  •  wi.-   h  h«  rr  •  ??c  rr^i  t-i  h::::  at 
N««-    I"*!'         f  :..  f    «l.      i;      :%-    !.•      •■    i'.\    li  it    tf.»-.     •     l;*r:;t 

w  1*  ■        ■    \      '»•.:.■•■.-        :.      :■     •       ..i.  1    .     :.    '.;i     •»■  ■   !.•  :!  :.e-      a:i 
!  '  ■    »    •         *•■-■■■»■:.•.■.:.■  ti.'        II.   :.    »:  \    ?•  •!•  I  •••  i:-.    rr 

■:  ■  ■  ■     '     ■        1    ■      -  ■   ■        ..'i   ..   «  :   ..••  .1      I  ..tii  VI    .  .  r.  r  . 

\\-  't       I  .    '      j    .  ■«    •.  ;    • 

I    »        ;  ■         I   . 

1  :    I  •■     •  •    I-    »    :.  -.  r  ■  t    .   <  :,•:    s.    :*  !:.  ::.  i..-  t»  ■  H    u«-  ■ 

X'.K  (.1  ..I .. j{  .fci..t  M    .1 .4.^;  ti.«  1  ip i.t  Aiiii  ii("-i If  •  u:  liic  %.i.gvi 


i&t7]      The  King's  answer  to  the  ProposiHons      ytj 

and  tb«  aetUisg  »  juat  uid  iMting  puoe,  to  vhioh  PropoMli, 
as  he  oonceives  hit  two  Honaei  not  to  be  strangera,  ao  be 
believei  the;  will  think  with  him,  that  they  mnch  mora  coi^ 
duce  to  the  satiafactioa  of  all  intereeta,  »nd  maj  be  a  fitUr 
fonndatiaD  for  a  laating  peace,  than  the  Propoiitioni  which 
at  thii  time  are  tendered  to  him. 

He  therefore  proponnda  (aa  the  beat  way  in  hia  jndgment 
in  order  to  peace)  that  hia  two  Hoiuea  would  isatantly  take 
into  oonaideration  thoee  Proponla,  upon  which  then  may 
be  a  peraonal  treaty  with  Hia  Majeatj,  and  upon  mch  other 
Propoaitiona  as  Hia  U^jeaty  ahall  make,  hoping  that  the 
■aid  Fropoaali  may  be  m  moderated  in  the  aaid  trea^  a>  to 
render  tb«m  the  more  capable  of  Hia  U^eaty'a  Adl  ooncaa 
■ions,  wherein  he  reaoWea  to  give  full  aatia&ction  nnto  hia 
people  for  whataoever  ahall  concern  the  aettling  of  the  Pro- 
teataut  profeaiion,  with  liberty  to  tender  conacienoea,  and  the 
•ecoring  of  the  laws,  liberties  and  propertiee  of  all  hia  mtgeeta, 
and  the  just  privilegca  of  Parliament  for  tbe  fatora ;  and  like- 
wise by  bia  present  deportment  in  this  treaty,  be  will  maks 
the  world  clearly  judge  of  his  intentions  in  the  matter  of 
future  goTemment:  in  which  trea^  Hia  Mqaatf  will  ba 
pleased  (if  it  be  thought  fit)  that  Commiaaionen  fnm  tba  anoy 
(whose  the  Proposali  are)  may  likewiae  bo  admitted. 

His  Majesty  therefi)re  conjnrea  hia  two  Hoasea  at  Parliammt 
by  the  duty  they  owe  to  Ood  and  Hia  Higeety  their  Kii^, 
and  by  the  bowela  of  compasnon  they  hare  to  their  Gsllow  nb- 
jecte,  both  for  relief  of  their  preaent  aufferinga,  and  to  prerent 
future  miseries,  that  they  will  forthwith  aooept  Hia  liberty*! 
offer,  whereby  tbe  joyful  newi  of  peace  may  be  nstond  to  tlua 
distressed  kingdom. 

And  for  what  concerns  tin  kingdtni  of  Beotland  menticnad 
iu  the  Propoaitiona,  Hia  M^eaty  will  raiy  willingly  treat  opaa 
tboiw  particulan  with  Scotch  CommisBioiMri,  and  doofata  not 
but  to  give  a  reasonable  satiafaotion  to  that  Bia  Hiyeaty'B 
kingdom. 


7S.    Lnrwa  op  Chiauo  I  to  tbi  SraAKSi  o*  raa 

UiK-u  or  Loan*. 

IHmattti  h|  tka  Hmm  rf  Lwik,  HittmUw  ii.  1&4J.     fMOMMMT 

UMan.  ik  Tm.    Um  Hmm'*  j^^  ^  JTUIH^  UL  IH     "M  *«* 

CiMt  MW,  I*-  ■«.] 
CUriv  BoL 

Hu  UiOMty  b  mMMt,  ikM  baCm  tkta  tia*,  Ub  •*• 
Hmua  of  pMlbawit  Wt»  nMiv«d  tlw  iiiii  41  vUifc  U  Ml 
iMhind  Kim  al  Bmpton  Onrt  tW  iitfc  «i  *hm  mmA;  If 
wUeb  tbiy  win  Im*«  ondcntoad  Ifc*  imum  «kkh  mtm^ti 
Um  to  go  ftwB  thri ;  m  Ukawnt  Ua  wbiIm*  aaJMvm 
br  Uw  MtUiag  of  a  Kb  and  waU-gnxuMMl  paaaa  wfawwoanr 
ba  •IwbU  bat  and  baias  now  ia  a  |4aM  wWa  ha  aMMT^ 
kimaalf  to  ba  at  mmA  nan  (raadoa  and  Mmhtj  tbaa  fanaaly. 
bi  tbiaki  H  iiniMfT.  iMt  oalj  lor  aaUaf  |ao4  of  hfa  •«« 
pralwinM,  bvt  alM  far  Um  ipaadj  pmaaiim  of  a  paaea  ia  Ib^ 
liinaiiliiiif  and  lUittmid  tJagdnaM,  at  Ibii  tiaw  to  vtm  «Mk 
irindB  to  Ua  t*«  Bmmh  Ibt  tbal  dbal,  wUah  apaa  *m 
w^iaattoaafall  latonal  naj  baal  aoadana  Ibanaato. 

Aadbaww  r*%(M  b  tba  b>al  aid  ebidtol  teadrttw  at 
IMN.  Hb  U^tj  will  togb  aWi  tbal  paitioabr. 

IWt  fbr  tba  abolbhbf  Ar<Ubba|>a.  Bbbar^  *c.  Hb  lUMr 
timilj  profiitb  tbat  ba  MUuA  ^  bia  coaMat  lbmB4^ 
botb  ia  raUiMM  m  bi  b  •  ChrtiAiaB  and  a  Kiaf;  far  lb*  Im 
baa*Mn,tWt  ba  b  niMUd  ta  bb  JadgMot  t^t  lUa  oHv  «m 
pland  in  tba  Cfattdi  bjr  Iba  ApaMlaa  tWaaitvM^  aad  mw 
liiiiilTiiiillailiallir  rll  iiiifi  i'"1iiiniii-1i  iiiIimT'umI 


aat  llw  vorU,  aatO  tl^  bat  anitary  at  jfua ;  aad  ia  thia 
Cbwab  ia  all  tt»«  «f  cbaaga  aad  wfan—Uua  it  bMh  hiB 
apMJ  by  tba  wudon  oT  kiM  aaatalw^  aa  Iba  graal  |a—iii 
ef  daatriaa,  diadpUaa  aad  ardar  ia  Un  mrioa  af  Ood.  Aa 
a  JUi«  at  bb  uawMlba.  ba  batb  ac*  miIj  tobaa  a  iiliaa  ^tk 
to  aaiataia  tbb  order,  bnl  Hb  Haiealj  aad  bb  pnJuiMnii  is 
tbair  aoagmatiaaa  ol  tba  Oiaat  Cbarlar.  bata  ii  if  araUy  wnm 
t^  ri^  tt  Um  Cirarcb  into  tba  lil«rtT  uT  tba  nl^Mto;  mt 
yal  ba  b  wiUiag  it  ba  jirandad,  tbat  iba  partiaaW  Biiba|a 
psftVM  tbair  Mvaial  dalba  af  tbair  t^linga,  batb  bj  I*  ' 
pHBoaal  laridiaw  and  fra^Mat  praaebiaji  i 
aba  tbat  tWr  aaanba  aa  aat «(  Jaibdialiaa  «r  «diaMia%  a 


i64i]     Letter  of  Charles  I  to  the  House  of  Lords      325 

out  the  consent  of  their  PreBbyteTB,  and  will  cODMnt  that  their 
powers  in  all  thinga  be  ho  limited,  that  they  be  not  grievoua  to 
the  tender  conscienceB  of  others.  He  sees  no  reason  why  he 
alone,  and  those  of  his  judgment,  should  be  prOBsed  to  a  viola- 
tion of  theirs :  nor  can  His  Majesty  consent  to  the  alienation 
of  Church  lands,  because  it  cannot  be  denied  to  be  a  sin  of  the 
highest  sacrilege ;  as  also  that  it  subverts  the  intentioiu  of 
1:0  many  pious  donors,  who  have  laid  a  heavy  curse  upon  all 
such  profane  violations,  which  His  Majesty  is  very  unwilling  to 
undergo ;  and  besides  the  matter  of  consequence,  His  Majesty 
IjelievcB  it  to  be  a  prejudice  to  the  public  good,  many  of  his 
subjects  having  the  benefit  of  renewing  leases  at  much  easier 
rates  than  if  those  possessions  were  in  the  hands  of  private 
men ;  Kot  omitting  the  discouragement  it  will  be  to  all  learning 
and  industry,  when  such  eminent  rewards  shall  be  taken  away, 
which  now  lie  open  to  the  children  of  meanest  persons.  Yet 
His  Majesty,  coneideiing  the  great  present  distompers  conceniing 
Church  discipline,  and  that  the  Presbyterian  government  is  now 
in  practice,  Hia  Majesty,  to  eschew  confusion  as  much  as  may 
be,  and  for  the  satisfaction  of  his  two  Houses,  is  content  that 
the  same  government  be  legally  permitted  to  aland  in  the  ume 
condition  it  now  is  for  three  years ;  provided  that  His  Majesty 
and  those  of  his  judgment,  or  any  other  who  cannot  in  con- 
science submit  thereunto,  be  not  obliged  to  comply  with  the 
Presbyterian  government,  bat  have  free  practice  of  their  own 
profession,  without  receiving  any  prejudice  thereby ;  and  that 
a  free  consultation  and  debate  be  had  with  the  divines  of  West- 
minster (twenty  of  His  Majesty's  nomination  being  added  unto 
them) ;  whereby  it  may  be  determined  by  His  Majesty  and  the 
two  Houses,  how  the  Church  government  after  the  said  time 
shall  be  settled  (or  sooner,  if  differences  may  be  agi'eed),  as  is 
most  agreeable  to  the  Word  of  God,  with  full  liberty  to  all 
those  who  shall  differ  upon  conscientious  grouoda  from  that 
settlement ;  always  provided,  that  nothing  aforesaid  be  under- 
stood to  tolerate  those  of  the  Popish  profession,  nor  exempting 
uuy  Popish  recusant  from  the  peualtiea  of  the  laws ;  or  to  tolerate 
the  public  profession  of  Atheism  or  blasphemy,  contrary  to  the 
doctrine  of  the  Aposlles',  Nicene  and  Athanosiaa  Creeds,  they 
having  been  received  bytond  had  in  reverence  of  all  tbeChristiao 


CamtitutuMtai  Dmitmantt 


•  puticBlHl  y  bj  tUs  of  Eafkad,  tnm  dm 


I 
I 


I   ^ 

wkn  to 
FWfift- 


Nfst  tha  militw  Uii^  Uwt  ri«li(,  vlikfc  m 
wd  BBdMbtcdIjr  tnlMmit  lo  (Im  CrovD  hj  Um  Um 
niliaB,  sad  ikaX  wludi  fanner  ParliAnrati,  m  Uk«*M 
)mn  MkaowMifttd  m  to  U.  UU  llv^tj  tmamA  hi 
vnofl  tbftt  tniii.  wUeh  tba  la<n  of  Ood  ud  lU»  Im 
U)MX«d  lo  tbf  CrnwB,  fur  Um  pnilaciMn  bmI  wmrilj 
pM^lf^  H  to  dimt  kinMtf  aid  iBaBiOT  «(  te  p 
tka  nvnd  i  y*l  lo  gin  mn  iBfaPiTilo  wriih—  of  hit  ifc 
Mean  llw  perl»nB«nn  of  mcti  agnNMali  m  iholl  W  ■ 
ucdar  lo  «  pnca,  HU  M^jcalj  vUl  mmmI  la  aa  Aot  of 
mnl,  Ikat  llw  wltaU  pom  if  lh«  mIUIm,  boUi  1^  «•  u 
for  aod  dorisg  Us  wbols  nigs,  tfaoU  b*  ofdind  oad 
tlw  tva  Hm^  of  PkriuuMMl,  or  I7  tmA  fmwmm  am 
•ppoial,  with  povm  liniud  for  ■wffnMiiig  of  hras 
tiiit  kiogdoM  to  tba  dutariwiM  of  tb«  |mUu  pMM,  aad 
breigB  iavMloa ;  *i»d  tbot  Umj  diaU  ban  pom  dar 
■aid  f«i(B  to  T«iM  BiaBiM  far  Iha  fairpan  afuwld ;  a 
iMtUwr  Hb  MiOntjr  UmI  tmm  ia,  or  aajr  oUmt  hj  taj 
darind  eulj  froai  him,  thall  otanito  aaj  ot  tJw  mi 
dnrioK  Hi*  H^JmI/s  and  rtifa,  bat  tach  m  thai 
ooOMnt  uid  afiftfobalkio  of  lb*  too  lloaaw  of 
omrtlMlM  Hi*  Mv^  iaiaadi  tbat  all  |Ml«at^  vm^mkm^ 
and  otbor  acta  weaniiHg  tbo  mililia,  ba  awda  aad  adad  aa 
faciMrl};  a^  tWt  afkv  Hi*  Mj^T**  nip,  aU  tba  ra«v  d 
Iba  Militia  riMll  ratora  antiralj  to  Iba  Onwa.  aa  H  wia  is  Ika 
Unot  of  Qoaao  Eliaabatb  aad  Kia«  Jaowa  of  blaaad  MMar. 

AAar  iKm  baad  of  iba  aulilia,  Iba  aaaaidaratMa  al  lb*  a 
duo  to  tba  amy  ia  aot  isimpar  lo  faUow ;  faa  tba  pajt 
vbanai;  aad  Iba  aaaa  af  bia  pan|il>.  Hi*  Majaat;  b  a     ' 
caaear  ia  aaj  tbi&K  tbat  oaa  ba  doaa  vitbont  tba  t' 
bia  naaaiaan  aad  boaoar* 

Wbanfn  if  bia  two  Baaan  abaU  aaaaae 
Un  m^  baarSt  ool  of  at^anlratiaaa  tnm  Mkbaa^M  | 
aad  on  «r  aaapaattioH  thai  OmU  ba  mada  b^n  ttej 
■1b  dint  ti  tba  paaaa.  aad  tb*  arrtan  of  aaab  aa  baa*  f 
alrwdr  Mada,  tbt  aaikaaai  rf  tba  ckrif.  aad  tba  1  ^ 
of  MKh  rvrta  of  Ua  oara  maaaa  aa  bia  too  Bosh*  I 


1647]     Letter  of  Charles  I  to  the  House  of  Lords     331 

Dot  bftTe  received  before  the  concluding  of  the  peace,  Hia 
Majesty  will  undertake  within  the  space  of  cight«en  months 
the  payment  of  ^400,000  for  the  BstiBfaction  of  the  luiiiy ; 
and  if  those  ineane  shall  not  l>e  aufficient,  His  U^egty 
iut«ndB  to  give  way  for  tiie  sale  of  forest  lands  for  that 
purpose.  This  being  the  public  debt  which  in  His  Majesty's 
judgment  is  first  to  be  satislied :  and  for  other  public  debts 
already  contracted  upon  Church  lands  or  any  other  engage- 
ments, His  Usjeaty  will  give  hia  consent  to  such  Act  or  Acts 
for  raising  of  moniea  for  payment  thereof,  as  both  Houses 
hereafter  shall  agree  upon,  so  as  they  be  equally  laid ;  where- 
by his  people,  alteady  too  heavily  burdened  by  these  late 
distempers,  may  have  no  more  pressures  upon  them  than  t&is 
absolute  necessity  requires. 

And  for  the  further  securing  all  fears.  His  Majesty  will  con- 
sent  that  nn  Act  of  Parliament  be  passed  for  the  disposing  of 
the  great  offices  of  State,  and  naming  of  Privy  Councillors  for 
the  whole  term  of  hia  reign,  by  the  two  Houses  of  Farliatnent, 
their  patents  and  commisaiona  being  taken  from  His  Majesty, 
and  after  to  return  to  the  Crown,  as  is  expressed  in  the  articles 
of  the  militia.  For  the  Court  of  Wanls  and  Liveries  Hit  Majesty 
very  well  knows  the  consequence  of  takii^  that  away,  by  torniug 
of  all  tenures  into  common  socage,  as  well  in  point  of  revenue 
to  the  Crown,  as  in  the  prot«ctiou  of  many  of  his  subjects  being 
infants ;  nevertheless,  if  the  continuauce  thereof  seem  grievous 
to  bis  aubjecta,  rather  than  be  will  fail  on  bia  part  in  giving 
N^itisfiiction,  he  will  conaent  to  an  Act  for  taking  of  it  away, 
Eu  ns  a  full  recompense  be  settled  upon  His  Majesty  and  hia 
Eucce^surs  in  jierpetuity;  and  that  the  arrears  now  due  be  re- 
served unto  bim  towards  the  payment  of  the  arrears  of  the  army. 

And  that  the  memory  of  these  late  distractions  may  be 
wbiilly  wijiL-d  away,  Hia  Majesty  will  consent  to  an  Act  of 
I'lLrliuint'iit  for  tlie  supprerising  and  making  null  all  Oaths, 
I)ei'hir,itions  and  Proclamations  against  both  or  either  House 
of  I'ai'linmciit,  and  of  all  indictments  and  other  pi'oceedinga 
n^inst  any  persons  for  adhering  unto  them;  and  His  Majesty 
jtroposctb,  as  the  best  expedient  to  take  away  all  seed  of 
future  differences,  that  there  be  an  Act  of  Oblivion  to  extend 
to  all  hL.  subjecbi. 


CofutthtHonal  DocHtmmti 


A*  for  InUnd,  Um  e 


n  thtnia  \m%  I 


>  itUm 


bat  (or  Um  fatan,  ftU  aUi«r  tUap  (Ming  fallj  ^imU.  Bb 
M^iMtj  will  gtTC  fiill  wtuboliw  (•  Bit  Hmih  ^mmai^ 
tiMt  kingdun. 

And  •kUngk  Bb  MaiMly  muwI  ooawnt  u  hosaw  mJ 
JBttiM  ta  KToid  «U  hii  tHra  graaU  ftwl  wU  p«ad  aathr  bia 
OrMt  B«ftl  idBM  tba  iiad  of  Hay  1641,  or  la  lb*  nairMt 
of  all  UMgTub  ud  Mb  pMMd  aadu-  thai  mUm  by  Ite  Iw* 
BoiMn,  yiit  Bii  )(«H*7  ■>  conAdwt,  lUl  tt^^  fwiit  •( 
pftintian,  ha  abaU  gin  AOI  iatidbattoa  ta  Ua  l«e  HoMai  la 
vtel  Maj  Im  f  aaaibly  AmiinA  ia  tkat  partWalar. 

Aad  WW  Um  U^y  mmmtm,  iW  by  ttaa  kia  «&» 
wUeh  lia  ia  raaJjr  to  naka  ^mi  ^oa  tka  wHhMa*  aT  a 
pMOa,  b*  hatb  altarlj  ^Bifcal<d  Mi  iataatioM  la  (i«a  hi 
aaearhj  and  MlMhrttqa  la  aU  lalatwta,  hr  wfcal  m*  j/mUg 
ba  aMfaad  ia  ardar  to  Iba  hten  bafftai  af  lua  fayla,  aa4 
far  tba  p— fc^'^g  of  ifaaM  caneaataait  ai  alao  fcr  laali  alhv 
tbii«i  ai  »^  be  frupoaad  bjr  iIm  twa  Hawai ;  md  tm  mA 
JMI  mi  laaaoMbUdMaaada  aa  Bb  H^itr  AaU  Awl  1  iiij 
la  frnpoaa  •■  Mi  part,  ba  a 


h  baiag.  ia  bb  > 

mmm  to  a  ftna  aad  arttlad  paaca,  aad  faB|«iiiMa  witb—l  it 

to  raeoaaik  forawr,  or  avoid  fetan  aim»Atn/tmAm^ 

Afl  Umm-  baiiw  bf  tiaalj  |nifcilijil.  B«  Hearty  I 
bii  two  Hmm*  will  tUak  il  riMMiilili  Ibal  tba  Pi 
of  tba  ana;  niinrnfiilwg  tba  MMMMlaa  M  V*t\mui%\ 
tbair  daa  alartjaa^  •koaU  W  lakMi  iala  wiUwiHM. 

Aa  br  wha  aoM«  tba  Uagdaa  of  Seatkad,  I 
wUl  TO7  raadil;  mf^  huMalf  to  giva  aO  iiiMailili  iitiifti 
tka.  wban  tba  diitna  of  tba  t«w  UoaM  «f  Pariia—rt  as  iWr 
b»baataretlb»tJiwrMliiaiMoftbatbiagdBa^arofbatb>ikaJ 
liCrtbar,  riwU  U  awda  bnawa  mto  bi«. 

Far  tba  Spaahv  of  UM  Lofd^  BaMo  ^tw  toVM.  la  ha 

liaiMaiitialiJ  to  tba  Lord*  aad  " ia  Ifca 

FbHfaMM  of  BaghwJ.  al  Wai 
Qj^iaiMiiiaMa  of  tba  ^rtiaaiiat  it  fl 


MiMl«.aMI|^ 
t  af  Saalha^^^l 


1647J         Agreement  of  the  People  for  Peace  333 


74.  Thr  AoRBEMEirr  or  the  People,  as  presented  to  the 

Council  of  the  Army. 

[An  agTMment  of  the  People  for  a  firm  and  present  peace,  &c.»  E.  412,  ai. 
October  a8,  1647.     See  Oreat  Civil  War,  iiL  383-394] 

An  Agreement  of  the  People  for  a  firm  and  present  peace 
upon  grounds  of  common  right. 

Having  by  our  late  labours  and  hazards  made  it  appear  to 
the  world  at  how  high  a  rate  we  value  our  just  freedom,  and 
God  having  so  far  owned  our  cause  as  to  deliver  the  enemies 
thereof  into  our  hands,  we  do  now  hold  ourselves  bound  in 
mutual  duty  to  each  other  to  take  the  best  care  we  can  for 
the  future  to  avoid  both  the  danger  of  returning  into  a  slavish 
condition  and  the  chargeable  remedy  of  another  war ;  for,  as  it 
cannot  be  imagined  that  so  many  of  our  countrymen  would  have 
opposed  us  in  this  quarrel  if  they  had  understood  their  own 
good,  80  may  we  safely  promise  to  ourselves  that,  when  our 
common  rights  and  liberties  shall  be  cleared,  their  endeavours 
will  be  disappointed  that  seek  to  make  themselves  our  masters. 
Since,  therefore,  our  former  oppressions  and  scarce-yet-ended 
troubles  have  been  occasioned,  either  by  want  of  frequent 
national  meetings  in  Council,  or  by  rendering  those  meetings 
ineffectual,  we  are  fully  agreed  and  resolved  to  provide  that 
hereafter  our  representatives  be  neither  left  to  an  uncertainty 
for  the  time  nor  made  useless  to  the  ends  for  which  they  are 
intended.     In  order  whereunto  we  declare : — 


That  the  people  of  England,  being  at  this  day  very  un- 
equally distributed  by  Counties,  Cities,  and  Boroughs  for  the 
election  of  the  ir  deputies  in  Parliament,  ought  to  be  more 
indifferently  proportioned  according  to  the  number  of  the 
inhabitants;  the  circumstances  whereof  for  number,  place, 
and  manner  are  to  be  set  down  before  the  end  of  this  preient 
Parliament. 

n. 

That,  to  prevent  the  many  inconyeniences  apparently  arising 
from  the  long  continuance  of  the  same  persons  in  authority, 


I 


334  CemtMutitnttt/  Oixumtnb 

lliii  pCiMMt  PariUmmt  he  diMnlvol  npon  the  twt  daj  oTlli^ 
laahar  wkkh  ^H  I*  in  I)m  j«*r  of  oar  lo-nl  164! 

iir. 

TImI  the  p*o|ib  40,  af  emmp,  chmM  tlM-n«J*ca  »  ^«C»- 
■MBt  uBM  bi  two  jMn,  via.  ii(uti  tbs  fini  TliBivWf  in  ■twj 
H  H*nb*.  after  Um  muuwTM  dull  Im  ptwribMl  tafcn  Ik 
•Ml  of  thia  f^rlJMMni.  I«  Iwgi*  to  rit  «|mmi  iW  Int  TWtaAif 
in  April  foUowi^r.  •(  WMt»tiiil«r  or  (wh  olUr  ykw  m  ^Jl 
be  ■i>{niBt(d  ftvui  tiiM  \n  tioic  Iij  tfc«  pfowR^  KtftH^ite' 
lifM,  Ml)  to  oMtina*  Utl  Um  ImA  iky  afSiplMiWr  iLa  mhI 
tMainfr  utd  no  longar. 

IV. 

TIttt  th>  pow<r  af  thb.  mw>  kU  htw*  Itiyn—UIJiM  rft^b 
NAtioD.  >•  infwiM-  oaljr  to  tbain  whs  cfanM  tkia.  aai  AA 
»l«Bd,  witboat  lis  uu— I  m  vbmBmrtmm  at  my  mlhar  y— 
or  pcnou,  to  tti*  MMciiB^  altcffiait  m4  nftwUsf  af  kwa,  I*  tW 
«R«ti^[  wmI  aboltihiDf  rf  dBna  ui  «art>,  to  tha  ifinialiig. 
mMii«.  and  mtOat  to  m  iiial  n^^alntoa  and  •*»««  af  a 
difNMt,  to  tba  wJtiii(  war  and  psM,  to  iha  tnaliaf  viA 
tanigm  Stotoi,  and.  fwarmUr.  to  wWMvrar  k  aat  iif—^ar 
tMplkdly  rwafrad  b;  tba  w|ifiatod  to  ibMMalita: 
WUeh  araaa  falkwalh. 

1.  That  aattan  of  ralifion  aod  Uw  vajra  af  Oafs  1  iiiil| 
ar*  not  at  all  aatnatod  by  «  to  aay  baa—  pvw,  ba^Ha 
tberda  wa  eauot  nnait  ar  «Boaad  a  thtk  af  «bat  aw  aw- 
adaoaa  £atoto  to  b«  tba  auad  cf  Oad  vUbMt  vilM  m: 
MWrtbili  tba  paUia  nj  af  iBativttair  tU  Mtkn  («  it  ba 
Mt  eaaip«lri*a)  k  rvfanad  to  tUk  dknaCka. 

a.  Tbal  tb>  MaltM-  of  inpraiii^  aad  < 


J,  TlMt  aflar  tba  UiMobitiaB  uf  tbk  pfwaal  IWik 
yincM  ba  at  aaj  tlaa  <|aaMHnad  Ibr  aBTtbiag  aifd  ar  d 
*  L  K  )■  MiMk  to  tnwrj  altov  f«ar. 


1647]  The  Four  Bills  335 

in  rerertnce  to  the  late  public  differeaces,  otherwise  than  in 
execation  of  the  jiidgmentB  of  the  present  RepresentatiTes  or 
Houie  of  Commons. 

4.  That  in  all  laws  made  or  to  be  made  every  person  may 
tie  bound  alike,  and  that  no  tenure,  estate,  chartor,  degree,  birth, 
or  place  do  confer  any  ecemption  from  the  ordinary  course  of 
legal  prortc<1iDgB  whereunto  others  are  subjected. 

5.  That  as  the  laws  ought  to  be  etiual,  so  they  must  be  good, 
and  not  evidently  destructive  to  the  safety  and  well-being  of 
the  people. 

These  things  we  declare  to  be  our  native  rights,  and  there- 
fore are  agreed  and  resolved  to  maintain  them  with  onr  utmost 
possibilities  against  all  opposition  whatsoever;  being  compelled 
thereunto  not  only  by  the  examples  of  our  ancestora,  wboM 
blood  was  often  spent  in  vain  for  the  recovery  of  their  fireedoma, 
Bufiering  themselves  through  fraudulent  accommodatiouB  to  be 
still  deluded  of  the  fruit  of  their  victories,  but  also  by  onr 
own  woeful  experience,  who,  having  long  expected  and  dearly 
earned  the  establishment  of  these  certain  mlea  of  government, 
are  yet  made  to  depend  for  the  settlement  of  our  peace  and 
freedom  upon  him  that  intended  our  bondage  and  brought  k 
cruel  war  upon  us. 

75.     Thb  Foob  Bills,  wna  thx  Pbopositions 

ACCOMPANY INO  THXIf. 
[PuMd  the  Hoiua  of  Lordi  Deoamber  14,  1647.     Old  Purilammtauy 
HUloiy,  vi  405.    Sm  Qrtat  Citiil  War,  \i.  31,  36.] 
The  Four  BilU   tent    to   tht   King  in   the  tile   of   Wight   to  bt 
patted,  together  with  the  Propontione  tent  unto  Aim  at  (A« 
tame  lime,  tchich,  upon  the  patting  of  thou  BilU,  loers  to  bt 
treated  upon. 
The  Lords  and  Commons  assembled  in  Parliament  lum  com- 
manded US  to  present  to  your  Mqerty  these  Four  Bills,  which 
have  passed  the  two  Honaes  of  Parliament. 

I.     Soil  bailie  aux  Stiffneur*, 

A  eette  BilU  lu  Seigttturt  tout  antntuM. 

An  Act  concerning  the   raising,  settling  and  maintaining 

forces,  by    sea  and    land,  within   the    kingdoms  of  England 


3*S 


ConstitHtional 


•All  IrfUwl  tutd  dMninim  of  WsIm.  Dm  uI«  of  OairaHr 
Srrmy,  aad  ika  hnrti  of  Bnr»idi-«po«t-TwBd. 

B»  it  toMUd  bj  tW  KiBff**  M^)Mt7.  aaa  bf  Uh  Ut4> 
Cmiiboh  MirwiMwl  is  FivUuMrt,  ud  I17  Um 
Um  mom,  Ui»1  Um  Leria  kwl  OHiBi^  In  tfc* 
Eagkil  MOW  — — fclij  or  kariolUr  to  tio  oa^tLM. 
during  tko  apwo  nf  Iwnly  ywn.  bom  tko  lit  of  M«n 
li^T,  KB,  tnun  sad  diietpUiM.  or  auo  to  ha  waM4, 
Hd  <aMi|itb«l,  kU  Um  fiMwa  of  tlw  kuMplan  of  E^had 
Inlud  Md  Um  doMimM  ti  WnUo,  tb>  U«  of  Qbw^ 
Jonojr,  nad  Um  tova  of  Binrkk-apOB-Twood.  abondy  m 
balk  iir  tn  and  had  MrriM  t  wd  riHU  orpDirt  alt  o^MMB 
and  oOaata  br  IW  aaid  foMa :  and  ihall  fra*  Umm  to  tj 
dniiac  tba  hU  apooa  af  twinty  TBaia,  niM,  larj,  am.  It 
and  dWpliM,  or  wm»  to  ba  rabtd.  ImtM.  amad,  tra^d 
diaripHnad  aiqr  oUwr  foreaa  for  bad  md  aea  awiea^  to  tba 
l.MiBdMirHg» 


tUak  II  aad  appoinl ;  and  dull,  tnm  liaM  to  liaah  af^ 
Mnmadan  nsd  oOean  far  tba  aaid  fanaa.  or  iiMati  t 
tlwy  ahaU  aan  caaaa ;  aad  ibnll  Ufcawia  niinato,  apf  nin 
ar  dufdaoa,  aa  tbaj  ikall  aca  (Bwa,  all  oanaaadan  aad 
wtUiin  tbo  aannl  gnrrJaana,  lorta  and  ptoaoa  of 
AaU  fan  witbin  Um  U^fdoM  «(  bfUnd.  tfdand  a*l 
of  Walai^  Um  iaU  of  Ownamf  and  Jantr,  and  tba 
Banruk'apea-'hMd:  and  Iha  naitbar  tba  Ki^.  bk 
aMWcin  nor  aajr  olbw  bnl  aa^  m  AaU  aa  bjr  tba 
•r  ^pnbaUon  of  Uw  Htd  I^vda  and 
tba  Mid  afaMof  twvniy  yanra,  oureiaa  anj  tit 


V 


And  bt  it  futbor  anact«L  bj  tba  antboritj  nhriMH.  Ibal 
■eniaa  ba  Tafaad  aad  lari-d  far  Um  lailal— am  and  aaa  of 
tba  aid  fanaa  far  land  awriea.  and  of  Uw  ant7  and  faaoa* 
far  aaa  aarTJoa.  in  anab  aoat  and  hj  and  w^ja  aad  mmmK 
aa  tba  aid  LnrA  nnd  OasMaa  ahal),  fro*  Uhm  to  Um^ 
dnrii«  tba  Mid  apaoa  cf  Iwwly  jraara,  Iblak  fit  aad  iffil^ 
and  not  olbanriaa ;  aad  tbat  dw  aid  faaaa  bitb  far  kad  ~ 
aaa  aatrier,  ao  rniatd  or  lonad.  or  to  ba  niaad  or 
aod   atao   tba    AdairaJtr  m   navj   ikall.  tnm   tiaa   to 


1 


1647I  The  Four  Bills  337 

during  thfl  nid  ipace  of  tv«Dt<r  jwra,  bs  omidofed,  muiaged, 
ordered,  disposed  or  diabanded  by  the  Mid  Lordi  or  Coramoni, 
ill  lueh  sort,  uid  by  iuch  wnjs  sod  means,  u  tbsj  ihsll  thiuk 
£t  and  appoint,  and  not  otherwise. 

And  be  it  furtber  enacted,  by  tlw  aathority  aforenid,  tbat 
tbe  said  Lords  and  Commons,  during  tba  said  spaee  of  tweut; 
years,  shall  have  power  in  mch  Bc»t,  and  by  snob  ways  and 
means  as  they  shall  think  fit  and  appoint,  to  suppren  all 
forces  raised  wilbont  authority  and  eonseut  of  the  said  Lords 
and  Commons,  to  tbe  distnrbanee  of  the  pnblie  peace  of  the 
kingdoms  of  England  and  Ireland  and  dominion  of  Wales,  and 
tbe  isles  of  Ooemsey  and  Jersey,  and  the  town  of  Berwiok- 
npon-Tweed,  or  any  of  them ;  and  also  to  snppreH  any  foreigu 
forces  who  shall  invade,  or  endearoor  to  invade,  the  kingdoms 
of  England  and  Ireland  and  dominion  of  Wales,  and  the  isles 
of  Qnemsey  and  Jersey,  and  tbe  town  of  Berwiok-npon-Tweed, 
or  any  of  them ;  and  likewise  to  ooqjoin  laoh  fwees  of  the 
kingdom  of  England  with  the  forces  of  the  kingdom  of  Scotland, 
ai  tbe  said  Lords  and  Commons  diall,  from  time  to  time,  dnring 
the  said  space  of  twentj  years,  jodga  fit  and  neeessBiy  to  tesiat 
all  foreign  invasians,  and  to  mppMH  any  fiu-ees  nised,  w  to 
be  raised,  against  or  within  either  of  the  said  kingdom^  to 
the  disturbance  of  the  public  peace  of  the  smd  kingdoms,  or  aaj 
of  them,  by  any  authority  under  the  Great  EJeal,  or  othv 
warrant  whatsoever,  without  eonnnt  of  the  nid  Loida  and 
Commone  of  the  Parliament  of  England  and  the  hrUuMot 
or  the  Estates  of  the  Parliament  of  Seotla&d  laapactivaly :  and 
that  no  forces  cf  either  VingiliiiM  dull  go  into  or  eontinn 
iu  tbe  other  kingdnn  without  the  adviee  and  damn  of  the  Hud 
Lords  and  Commons  of  the  Pariiaraent  of  Kngiand,  and  the 
Parliament  of  ScoUand,  cr  mdi  ••  shall  he  hy  them  iwpeettfely 
apiioioted  for  that  pupoee. 

And  be  it  enaeied  by  the  anthority  aforenid,  that  after  the 
expiration  of  the  iaid  twenty  yean,  neither  the  King,  his  horg 
or  aucoessots,  or  any  penon  or  fwrsMis,  by  etdoor  or  prslanoe 
of  any  commission,  power,  dspotation  or  aathocity  to  be  deriTad 
from  tbe  King,  his  hein  or  ■aceawow,  or  any  of  them,  eheU 
raise,  arm,  train,  dismpUae,  «npk{y,  onUr,  aanege,  disband  «r 
diipoee  of  any  of  the  fmtm,  I7  wm  lad  knd.  of  the  kingdoie 


Ai^ 


( \msiitu:t"ua!  l)ocumt'nh 


iA«; 


•i'  Ki'LrlAii'l  ni'<l  liiiAiiii.  tl.i  <iiiiuiiiiuii  (if  \\ a«r«,  tb^  it'r*  -.4 
(fUiTnitiy  .ml  Jfr*^*).  hi.'I  tt.>  Ti^wii  ul  iU*rwi>  k-u|i  ii-T«r«*i.  <m 
\\i\\  it  thi*iii  .  ii«  r  rxi|i  i-i-  niiv  .if  tin-  *iii<l  |>-'Wrnicr  aurh  r;ti'« 
Yi!  Tf  iiirnti'iif  •!  uii>i  rxpr' -of*  1  1<<  U  -iuriiiu*  t)ie  ««i\i  p}*rcr  / 
T'.%tii*\  vt'ai«,  i::  thi-  Eii:il    I.<'r>l-  HL'I  ( '•>;n:i.'-ii«      b -r  ■}••  ax.%  art 

•  >i  ti.ii.j  i-i'i.i  •  riiiii..'  tin*  •  kt  i-uti'iii  ••!  ihe  m:>1  |io»m»  ^r  Aut&  'ri- 
ti«'».  nr  .»(i\  ut  thtin.  witl.MUt  thv  i-  •u-^-ii!  ft  the  Miil  Ix^ri*  a^i 

< 'i  ii):..>-l.«  ti[«t   liii'i  Ai.il  (•titaii;rii. 

Aii'l  In  It  fsirlirr  »!«<«  •  iiatti'*!,  th^t  after  thr  iiprmUc 
uf  thr  Ki  «1  tMfiitv  Tr«i-  111  ail  ca^^-n  wiiert-iii  tl«r  iA«<l  I^  r '• 
Bii<!  ( '.ti.iii'iij!'  hi. all  (li*>  !jrr  ti.t*  ^af'•ty  i<t  thr  kini^i>*iu  to  i« 
■->-i.<  •  ii.e<i.  ui.-l  <hit.l  t).«*rrii|- I.  |«i-!i  aii\  I'lll  ur  liiii*  f  r  t^ 
!  I  i:  if.  (It  mil. ^'  triiiiiii  »:.  lii^  ij'iiiJiiiff.  fn.jiuTiiu*.  u.^na^'ic^ 
!•:  ii-iitii;  II  ■ii-|i  -iii;;  i<t  tl.r  fiirii'i*  lir  mca  ur  laud.  *»i  ^Jbm 
kii.K'<l«'iii*-  >■!  i!i.jl.iii«i  airi  Irelaii'l.  rhf  •!  iinniou  uf  ^^  a.  t. 
•I.'  i-!r  I'l  (iiirM.^' V  aiiil  Jt  rswv.  and  thr  town  o(  K^r*  k- 
u{"ii-'I  V.  ii-«i.  if-  niik  |kiit  ct  thi-  ^Ai'l  t'>r<eii.  iir  o>(.  'ri.c^ 
ti.i-  ^mA  A-l::ir.i!'\  «r  liH^y,  \}X  ti>nifri.ii«g  tbr  Ut«;:.|£  A 
■.;  •  lll•^  I'-i  the  r.iiiiii;*:  iiiRii.ti-iiann-,  i>r  uar  i<f  ihr  aai«l  f.'rcaa 
t>  r  Lii.-i  MTri>  I-.  «r  •!  t.'i*  i.avy  .lul  fin^*  fur  ira  •crv.i*  ••r 
iiiiy    I  irt    «>t    t'.eii.     i«i.>i    it    lh»t   tin*    r«-Tkl   aMriit   t«>    rui  L    i'>wj 

•  t  !'•:.  -  ''^  iL  !.••'  )•(■  ;«':\rti  Hi  ti.>  lli<  .-r  *A  i'ccrs.  aithin  ^i  h 
t:ii:i-  Al?i-:  tfr  )m*>-i:..'  fi.-ri-*  f  ly  )«i!h  H"U»>i  ct  Taf  liar  tfct 
.%'  !:.•-  -.t:  1  il  .kr<  ih  ill  ri*lk**-  t.T  .iiiil  i  ••liVrhirXi*,  tt«at  V 
••ui  :.  }•>..  'f  I'lilit  M-  |w«^ft«-ii  I'k  th«'  Miii  I^^nli  atitl  C'«>i 
an  .il  ir-.ii  i.  ui.  i  to  H!.i>li  tht'  r>-\\\  a*»eiif  •La'.I  i.i  t  l^  irivri.  j^ 
1^  j.fini.  ]i:<>ri-  I  x{>:>  ^icii  bhit'i  i<r\rrthfUM.  "vftar  I>t<larati  •& 
I  I  t!  tr  t.it  i  [.•  r<N  n:.'!  <  •  ii;iii>i:.h  ih^ii-  ii.  that  l>«lAaif.  baTr  t:*« 
lit  .i!.>l  o^nitM't:.  i-l  Ai.  Alt  «  r  Aitg  i<t  r.irliaii«en!  ,  aijJ  At^; 
it-  \.i.,  1  'i.  .lii  i:.!i  ii!ii  ii:..l  p.;r]M<Ma,  aa  ii  thr  ri-«ai  aam^t  i.aJ 
h   •  ::  t'«  ■  ■  i-   ■)••■:'   i:.!-- 

I  r<  \i  i'  i  .tlvi.-w-  <t:.<i  U'  it  i<iith>r  eij^te^l.  hy  ih*  auU'i'.  ritv 
./  I'-i  I.  i'..»'  :  ?'tiv  hrr>iiit<*:-»r>-  i- i.Tu !«•■«!  vha..  eit#c«l 
*.>  r:.  :.»\::.«,-  .iwu;i  •!  thr  i  r>iii  ary  !•'•:•«)  ]- wv-r  ut  >Kcri£a. 
.1  .  '.  f  lt.i  r,  Mt%\    I-    li.ki..!**.  (  nil  :.rr>.  I  •  i.«taM«a.  Hci^» 

*■  :     .„!.'   ii     'i.tr     :*..:-     I  j..»!i.i.  i.  I  U  .j.^   i;ii.ilary     fEccra. 
.;....■:..    .»:...!:..-!:.»'.  :.  -  i  ju«ti  r  .    ••'  ««  i.r;:h«r  thr  laii 
^   I.  *'-    I  .«';  •  n     f  thr   IVict.  Udky«  II,  l^.it!*.  ( VruQtra.  CV^q- 
..  .IV    ii'dii.''*:   u^:.^,  auii  uther  ('f!;i.cis,  ut  mux  ol   tikciu,  d^ 


1647I  The  Four  Bills  339 

levy,  conduct,  employ,  or  commniid  any  forcoi  whatBoever, 
by  coloui'  or  pretence  of  any  Commiraion  of  Array,  or  eztra- 
oi'diaary  conmiand  from  His  Majesty,  hia  heirs  or  aucoeMort, 
without  the  conseut  of  the  said  Lords  and  CommonB;  and 
tliat  if  auy  peraons  aljall  l>e  gathered  and  aaaembled  together 
iu  warlike  manner,  or  otherwise,  to  the  number  of  thirty 
persoue,  and  ahall  not  forthwith  separate  and  disperse  them- 
selves, being  required  thereto  by  the  said  Lords  and  Commons, 
or  cummaiid  from  them,  or  any  of  them  especially  authorised  for 
that  purpoee,  then  such  person  and  persons,  not  to  aeparatiug 
and  digperaiiig  theoiselveB,  shall  be  guilty,  and  incur  the  pains 
of  high  treason  \  being  first  declared  gnilty  of  such  offence  by 
tbe  said  Lords  and  Commons,  any  Commission  under  the  Great 
Seal,  or  other  warrant  to  the  contrary  notwithstanding  ;  and 
lie  or  they  that  shall  offend  herein,  shall  be  incapable  of  any 
pardon  from  His  Majesty,  his  heirs  and  aucceaaors,  and  their 
estates  shall  be  disposed  aa  the  said  Lords  and  Commons  shall 
think  fit.  and  not  otherwise. 

Provided  also  further,  that  the  City  of  London  shall  have 
and  eujoy  all  their  rights,  liberties,  franchises,  customs  and 
usages  in  the  raising  and  employing  tlia  forces  of  that  City 
for  tbe  defence  tliereof,  in  as  full  and  unplc  manner,  to  all 
intents  and  purposes,  as  they  faaTe,  or  might  hare,  used  or 
enjoyed  the  same  at  any  time  before  the  sitting  of  this  preaent 
Parliament. 

II.     Smt  bailie  mix  Seigneuri, 
A  etiie  BilU  Ui  Stigneurt  tont  asMntitz. 

An  Act  for  justifying  the  proceedings  of  Parliament  in  the 
late  war,  and  for  declaring  all  Oaths,  Declarations,  Proclama- 
tions and  other  proceedings  against  it  to  be  Toid. 

Wlitreas  the  Lords  and  Commons  assembled  in  Parliament 
have  beon  necessitated  to  make  and  prosecute  a  war  in  their 
just  and  lawful  defence  ;  and  thereupon  Oaths,  Declaratioiu  and 
Proclainatious  have  been  made  against  them,  and  their  Ordin- 
ances and  proceedings,  and  against  others  for  adhering  onto 
them,  and  for  executing  ofBcea,  placet  and  charges  by  authority 
del  ived  from  them ;  and  judgments,  indictments,  outlawries, 
attainders  and  inquisitions  for  the  ckumb  afureisid  bave  beeo. 


H           l>d  lad  aala  ifitel  >»  if  tk>  aailan  or  Ifa  Baaatf^ 

■             rM,oM.,^M^BlMlUtM,,r^,AI.M,^gu^ 

■             UnbodadtrflUrludiuarali: 

■             m»iil,aii<]b]rMtWit7afl)MBM.a^dOtfHDBfanti«K 

■           tf  a»  B»>niirkcli««l,>_,iribaialnrfdA« 

loin.  «  «<«XI>«  ..,.»».  piM.  >  dtC  IV  •qr  >dk.ritr 

1«<>«I  halktaU  Bnu>,  ar  ailte  •(  Ibia,  id  •■  I^V- 

■••Ik,  baiuaab,  oukwiio,   Ulihilirt  liiquiilial   Ml 

•rar  Jidia,  JatkK  a«rifc  Uiuta^  «  07  «k«,  an 

rad  ul  o<  » tlM,  >Kl  an  aMoiT  to  «l  ipial  IW  |M> 

•riUindii. 

All  U  il  hftkv  aiuUd.  ud  bnbr  tahnd.  k;  lb 

•<i(l»rH7  adimld.  Ilul  lU  Jadfa.  Jatiaa  a(  lb   PtM. 

».;<n.  SWilh.  Caatfabha.  and  allar  OOaia  a>l  HialaUn 

aar  af  Uia  >U  aacaban  a(  tba  ta>  Baoa  rf  ttoni.iil. 

a  agatnal  aaj  of  Ilia  ralgwla  vt  tiiia  ku«d<a,  te  aar  a(  ^ 

UL    Sal  taOl  om  Sti^mn. 

il  a*  Mb  laavaaa  aal  aiiai 

Ba  it  aiaalad.  It  lb  Klar>  tl<|a>r  aad  br  Ika  Lada  aad 

(Wa«  Iba  da;  Ibal  Unud  Lad  LrlUtoa.  Iba  lad-Iara 

ar  lb  Onal  Sal.   danlad    lb   faliial,  aad  IbM  lb 

i64il  The  Four  Bills  341 

ParliBueni ),  be   and  is  herebj  nude  and   decl&red  null  knd 

Be  it  farther  enact«d,  Bn<l  it  is  hereby  enacted,  by  the  anthority 

aforeiaid,  that  no  pcrsoa  that  shall  bereaner  be  made  a  Peer, 

or  b'l  heirs,  Bhall  alt  or  vote  in  tie  Parliampnt  of  England 

without  conaeut  of  both  Honiea  of  Parliament. 

IV.     Soit  haitU  mtx  Seigneur*, 

A  eetle  BilU  let  Seigneurt  itmt  iwiMiiue. 

An  Act  concerning  the  adjouromeutB  of  both  Honsra  of 
Pailiament. 

Pe  it  declared  and  enaotad,  by  the  King's  Uajesty  and  by 
the  Lords  and  Comotoni  aaeemhled  in  Parliament,  and  by  the 
authority  of  the  same,  that  when  and  aa  often  aa  the  Lorda 
and  Commons  assembled  in  tfaia  present  Parliament  afaall  jndge 
it  necessary  to  adjourn  both  Houses  of  the  present  Parliament 
to  any  other  place  of  the  kingdom  of  England  than  where  they 
now  sit,  or  from  any  place  adjonm  the  same  again  to  the  place 
vhere  they  now  sit,  or  to  any  other  place  within  the  kingdom 
of  England,  then  such  their  adjonmment  and  adjoamments  to 
such  place,  and  for  snch  time  as  they  shall  appoint,  ahall  at 
all  times,  and  from  time  to  time,  be  valid  and  good,  any  Act, 
Statute  or  usage  to  the  ccntrM-y  not withatan ding. 

Provided  always,  and  be  it  enacted  by  the  authority  afbreaaid, 
that  DO  adjournment  or  adjournments  \a  be  had  or  made,  by 
reaFon  or  colour  of  this  Act,  shall  be  deemed,  adjudged  or  taken  to 
make,  end  or  determine  any  Session  of  this  present  Parliament. 

And  they  have  also  commanded  us  to  present  to  yonr  Majesty 
these  ensuing  Propositions: — 

I.  That  an  Act  or  Acts  of  Parliament  be  paaeed,  that  all 
tfrnnts,  commissiona,  presentations,  ke.  (This  Propoeition  !■ 
the  same  with  the  nineteenth  Proposition  presented  to  the  King 
at  Newcastle.     See  p.  [305  '].) 

1.  That  an  Act  or  Acta  of  Parliament  be  peeeed,  that  the 
King  do  give  his  royal  assent  to  inch  Act  or  Acta,  for  raising 
monies,  ftc,  (This  is  the  aame  with  the  sixth  clause  of  the 
twellth  ProjiosilioD,  at  Newcastle,  p.  [393].) 


I 


ConsHtu/ioHoi  Dormmtmti 


J.  TW  llw  Kin|  do  gin  bb 
botb  Boom  of  hriUmnt,  or  Hbn  who  Un  adbmd  to  Ife* 


4.  Tkal  u  A«t  or  Aali  if  PariiMMt  U  pMH<  (a  4wb* 

NTwUenlli  Prapoaition,  p.  [304]-) 

5.  UmIuiAcI  ar  AeU  of  fttrti— wrt  \m  ftm^  far  jwii— ilj, 
acroMbl*  to  Um  two  OnUiMBOM  of  botlt  HotUM  alrMdj  ^mmJ 
for  Uial  paqicw. 

6.  TImI  Ilia  UiO*^7  b*  dMirad  to  gin  bit  aM«t  to  m  A«1 
or  Aeta  of  rkriuunect,  lor  tb«  t*kik(  awB^  tbo  Oooit  irf  Wu* 
•ad  livariM,  uid  of  kll  ir«nUd)M,  Umiot,  firimtr  «hmm  aad 
WMitr  (m  «u'a«;  aad  of  all  otliar  chorfM  iarHil  ■■■■,  or 
amtag  tar.  or  \rf  reoMB  of  aajr  «tu4aU|M,  KvwiM,  fMV 
mWw  or  MiMr  Iw  ommw  :  and  of  all  tanm  bj  haaofa,  iaa^ 
tiMM«t,a«t«rai  and  |uJoaa  far  aHadrtiow;  aad  of  oQ  otWv 
cbtfaa  boidnil  or  hoio<niBg  tbanMnlo.  or  Ifar  or  bj'  iwbm 
Ihtmef,  froa  the  a4tb  itf  Fafarwy,  1645'.  ud  Ibot  »a  Uwmm 
by  kniglrt  aor^ar,  graad  atrfarat j,  ftttf  iirgMMj.  «r  aaMgo 
M  aapUt,  oHbv  of  Hk  Hajaitj,  ar  of  a^  otbar  raavM  v 
patMBo,  BMy  bo,  fiva  tba  tiaa  ttenaM.  tunai  tato  (bo  aai 
eonaaii  aocoge,  and  Ibot  tba  mm  of  Jtso,ooe  |Mr  a«MB  feo 
graalod  to  Uh  King  \iy  <n.y  of  raeowpaoM. 

].  Tbat  an  Act  or  Aeto  of  l-ferlioMrt  iUI  bo  ftmU, 
dadaring  tbo  Kng'a  opfKobuios  af  tbo  Boking  tbo  T^wtiao 
btl*«M  tba  UagdoM  of  E^ikod  tad  SeoUud,  te.  ■. 

t.  Tbot  tba  atraui  of  pa  j  Am  to  tba  trmj  and  atkara  Iko 
aoUtarr  of  tUb  hiairdao.  «ba  bra  UlMUlj  tarred  tb*  FtoW 
■oot  ia  tUa  war,  tboU  ba  ncnrad  and  fmiA  ulo  tboH  o«»  of 
Iba  roBMiai^  put  of  Iha  kada  and  immm  of  Ai«bUahafa 
Bad  HalMi|«.  haleaglag  to  tbalr  orehbtek>pria  ar  llibi|il». 
aflar  neh  augagtoai 


'  La.  )44|.    Sw  X*.  6*. 

■1WMMMikaUMMh.p.»f;.MM|4tto>Uaalth«fWM  Am 
—  1^  ^.-..i  ■   -..^,.»  ..t  -^,    -  .^  ij  I  I    ■_ 

lU   iv*  Hm  I  ma.  ua*   «knm1«  tka*    m«  ttLgmt  (j    tka   oIm«^ 
Tnktlta).    1W*  w»  •!»  •«■  ilumlt^  h  lb*  mom  W  ito  Q,^ 


1647]  The  Four  Bills  343 

upon  by  an  Ordinance  of  both  HonseB  of  Parliament,  and  oat 
of  two-thirds  in  three  to  be  divided  of  all  the  forfeitn  res  of  lands ; 
and  all  the  tineg  of  the  persona  mentioned  or  comprehended 
in  the  three  fir^t  qualifications  of  the  Proposition  concerning 
delinquents ;  and  also  out  of  all  forest  lands  within  the  kingdom 
of  England  and  dominion  of  Wales,  provision  being  made 
upon  the  disafforest  at  ion  thereof,  for  the  lelief  of  the  iohabitants 
within  the  same,  and  all  other  the  subjects  of  this  realm,  who 
have  right  of  common,  or  any  other  right  in  the  said  forests ;  and 
that  the  King  do  give  his  consent  to  Eiich  Act  or  Acts  as  shall 
he  presented  to  him  \>j  both  Moasea  of  Parliament,  for  the  sale  or 
iliiposing  of  the  said  lands  and  fines  for  the  purpose  aforesaid. 

9.  That  an  Act  or  Acts  of  Parliament  be  passed,  for  the 
niter  abolishing  and  taking  away  of  all  Archbishops,  Bishops, 
&c.     (The  same  as  the  third  Proposition,  p.  [391].) 

10.  That  the  seTeral  Ordinances,  the  one  entitled  'An 
Ordinance  of  Parliament  for  abolishing  of  Archbishops  and 
Bishops  within  the  kingdom  of  England  and  dominion  of 
Wntes;  and  for  settling  of  their  lands  and  possessions  upon 
trustees  for  the  use  of  the  Commonwealth';  the  other  en- 
tilled  'Au  Ordinance  of  the  Lords  and  Commons  assembled  in 
Parliament  for  appointing  the  sale  of  Bishops'  lands  for  the  ose 
of  the  Commouweiilth,'  be  confirmed  hj  Act  of  Parliament. 

1 1.  That  the  King  do  give  his  consent  to  such  Act  or  Acta 
of  Parliament  as  shall  be  tendered  to  him  by  both  Houses  of 
}'ai'liameut,  for  the  sale  of  the  lands  of  Deans  and  Sub-Deans, 
DeauB  and  Chnpters,  Archdeacons,  Canons  and  Prebendaries, 
ntid  all  Chnntors,  Chancellors,  Treasurers,  Sub- Treasurers,  Suc- 
centors  and  Sacrists,  and  all  Vicars  Choral  and  Choristers,  old 
Vicars  anil  new  Viwirs  of  any  Cathedral  or  Collegiate  Church, 
and  for  the  disposal  (hereof,  as  both  Houses  shall  think  fit. 

I  a.  That  the  persons  expressed  and  contained  in  the  three 
fir«t  qunlifi cations  following  be  proceeded  with  and  their  estatrn 
disposed  of  as  both  Houses  of  Parliament  shall  think  fit  to 
appoint ;  and  that  their  persons  shall  not  be  capaUe  of  pardon 
by  His  Majesty  without  consent  of  both  Houses  of  Parliament; 
the  Houses  hereby  declaring,  that  they  will  not  proceed  as  to 
the  taking  away  of  life  of  any  in  the  first  qualification  to  above 
the  uumber  of  seven  persona 


ConaHtuttimal  Ooatmtmtt 

t'tnt  i(iul(Bsaii<M. 
Rvpwt  Md  HMriM.  ConcU  PaUliM  «l  tlw  BUm^  « 
TW  hotJ,  third  mm!  (•■mith  qiultflntinn,  m4  Ifca  tiMa 
brwuhii  of  iIm  loarili.  Um  wb*  h  m  ppi  [*»'}«■)'  1^ 
Ulk,  iistk  Mud  wMtk  qwUfiiMtMna,  i1m  mm*  m  al  pft.  [joi-a}, 
Tin  ^tk  qMlUMtioa,  ud  Um  Otm  lnMk«  llMfwC  «• 
tW  MM  M  lU  BmUi  *t  NvraatK  p-  [iosl  tk  «i^lb  rf 
Umm  baing  bow  drofifMri.  Tb«  aialk  qnliftcatiM  Iha  ^aa  m 
tba  tMith.  Tha  tanlb  ^Ukalios  tha  aaa  •■  Ika  ilnitk 
p.  rjoj),  ascafrt  Um  oMiMioB  of  what  rapfila  aeolhad,  tni 
Um  feUovum  ailditioa : 

PnrUad  Uiat  aO  awl  nary  iW  dafiafvaala,  wkiah  h;  ar 
•MoadiiV  ta  Iha  trrrral  mad  na|iartm  OHtaaaaM  «r  Ordn* 
laada  bf  bo(b  or  aiibcr  Um  Houaa  of  hriiaoMal,  aa  or  fcrfaia 
tha  Mli  dajr  of  Afcil,  164).  ara  to  W  admitlad  la  mmk*  Ua« 
iaaa  and  tiuniiaaiUawa  aadar  tin  raU  aad  ytapMrtiuai  «(  lb* 
llatha^dCMiH 


aad  (Mm  rii|iDll?aly,  ba  UMranto  adnuad.  and  hrtfcw 
■  (a  


«M.« 


i 


m  Wviag  bacn  tn  araa  ar  relaatanly 
ParUaMMil,  iMring  bj>  eoMaaliaf  tbair  i|aaUtj 
wlaUaioa  to  nNapontion)  wkkh  haT«  aJraadjr  1 
iMI  bcnaAar  nw.|»«ad,  and  ba  Ihaiaaata  adaiUad  hj  lialk 
Baamm  at  PkriiaiMai,  at  any  of  dia  ntoi  a»d  fimfmMmm 
afafwaiJ.  or  aadcr  napocUT»ly,  thall  bo  put  to  aa;  Mmr  ia» 
ibaa  UMt  Umj  ba*a  or  «^aU  ra^adivaly  ao  tamfmrnt  ^; 
*no|>t  for  Mcb  aatada,  or  aaeh  part  at  tMr  Mtato*,  aad  lir 
aaeb  valaa*  Ihamif  napfctrrrly,  aa  ban  baaa  ar  •taU  ba 
Boaaaaliil  or  raHtad  in  iba  partkalan  wbaraapoa  th*7  aa»- 
pMcd ;  aad  tba  all  aad  artty  t4  ihm  thail  k*»  Umm^m 
Ibujr  pardaaa  ia  aa«b  naaaar  aad  term  m  m  afraid  by  balk 
U«MM  of  rarlianaat. 

i>  That  «■  Art  or  AeU  ba  pow*d.  whaiaby  tW  daUa  ml 
Um  bb«df«.  aad  Um  ponoaa  ni  dtUaqaaalih  aad  tba  rata* 
of  Ikair  MlalM  May  ba  kaavn.  *a. 

(Tbia  ii  tba  («eoad  ^tafntdi  at  lb*  iicoad  bnadk  af  ^ 
ilcvnlb  ^aaHiotiaa  al  p.  [y>i].) 

14.  TWt  Iba  KiBf  ba  dMiiwd  la  ftra  bk  oohmI  ta  Mab 


t«4i]  Tk*  Four  Bilis  345 

Act  or  AeU  of  Parliftment  m  shall  be  presentod  onto  him  fttr 
th«  settling  of  the  Freihytfriwi  goremmeut  uid  direatorj  in 
England  and  Ireland,  according  to  anoh  Ordinanoea  aa  han 
alreadf,  rince  the  sitting  of  thia  I^Uament,  paaaed  both  Hooaea, 
and  are  hnrewithal  lent;  whieh  Act  or  ktAa  are  to  atand  in 
bree  to  the  end  of  the  next  Beaaion  of  Parliament  after  the  end 
of  thii  present  Seaiion. 

'RiKt  no  penona  whataoerer  ahall  be  liable  to  anj  qtieation 
or  penaltj  for  nonconfbrmitjr  to  the  form  <tf  goremment  and 
Dirine  Serrice  appointed  in  the  aaid  Ordinanoea;  and  that 
all  nch  penons  aa  ihall  not  eonA»in  to  the  aaid  form  of  govan^ 
ment  and  Divine  Serrice,  flhall  hare  liberty  to  meat  for  tbt 
lervice  and  wonhip  of  Ood,  and  fat  the  eieroiae  of  religiona 
datiei  and  ordinanoea,  in  anj  fit  and  conTenieat  plaoaa,  ao  a* 
nothing  be  done  by  then  to  the  dietitrbanoe  of  the  peace  of 
the  kingdom :  that  all  tithea  cv  other  maii.teiianca  af^tntaining 
to  any  church  or  chapel,  which  do  now  belong  to  the  If  iniatan 
of  Boch  choTchei  or  ohapela,  ihall  be  ^plied  to  the  nae  and 
beneRt  of  anch  Hiniitera  aa  do  conform  to  the  gorvninwnt 
settled  In  tbe  laid  Ordinanoea,  and  to  none  other,  nnleaa  H  be 
by  the  consent  of  tfae  preaant  Incumbent 

That  nothing  in  this  proniion  ahall  extend  to  anj  tolantiw 
of  the  Popish  religion,  nor  to  exempt  any  Foiub  iMoaata  from 
any  penaltiea  impoaed  iqran  them  tar  the  azermae  of  the  aama. 

That  thia  indo^nca  ^all  not  oxtmid  to  tolerata  the  jrintin^ 
pablishing  or  preaching  of  any  thing  conbair  to  the  prineiplei 
of  the  Christian  religion,  aa  they  aro  contained  in  the  first, 
sectmd,  third,  fourth,  fifth,  nxtb,  Bemilh,  ninth,  tenth,  derentb, 
twelfth,  thirteentli,  fomteenth  and  fifteenth  Artielea  of  the 
Clinrch  of  England,  according  to  the  tnie  aenaa  and  maaniDg 
of  them,  and  aa  they  hare  been  oleared  and  Tindieated  \f 
the  Assembly  of  DiTinea,  now  sitting  at  Weabninatar;  nor  tt 
any  thing  contrary  to  thcae  pnota  of  hith,  fbr  tha  igBonaaa 
whereof  men  are  to  be  kepi  &>cm  the  Baeiama&t  of  tba  Lord*a 
Snpper,  as  they  are  contained  in  the  mlaa  anddiraotlonBtirthnt 
purpose,  paaaed  both  Honiea  tha  *oth  of  October,  1645. 

That  it  be  also  pmrided)  that  thia  indolganco  iliall  not  ex- 
tend to  exempt  any  peracm  or  peraona  frmn  any  penalty  \fj  law 
impoced,  or  to  be  impoaed,  npon  then  tat  abaanting  thamaohrti 


346 


Co9ishtiihonal  Documents 


iiAt** 


i.|'>ii  till-    Ij-nl'*    iHiy   fr-'i:    h>.iiiiii;  Thi    \V..pl  nf  'I-i.   uiilc»t 

fill  ■  Ati  f*«.w  na-'-tt.!*  I  I  .«'i-»-  'f  fli"  II  al- ••■!. •■••.•  r  tK^t  t.*jrT 
V.  iii-   I Ti*  •  ii!   fl-M'wJitr*'  t«'  li- ;«r  !*•-  ^^■•r'!  ■  '  *J  -i   prti^f^e-i      r 

•  \|Ni.ii.>ir-I  m.t  t)irni  ••»  aa  t  •  <i.(i)  jip-Ar^  i'.l*  ■  r  «>i;<  .- ■'  -^ 
III-  t)>  •  I'V  ai.;.    ^ti"  i-t.  !   ifHi:!  -TiTri!  Mt  I  L  !  re»t  ■rf»! 

Tl- »♦  rli-   i?.i!».L'iri.r   -■    1'    :  i-t   i-i?tTi  !  !■■  !!•!!»••■  !f  e  »«^      f 
tl  I    r."  U  i-H  "..iir.-iiii   !:»;.  I!    '.n  Jii.\  j  "  .<■     hi.  i»*«-%if. 

Ti.'it    liU-rty  "•Im.I   }  ••   /  \*i.   T  ■       I    ^!:I  i-!- r«   u!   \h»    «t   •^w  . 
th'-i.'h  tl:i\  inlil.i't    ii'il'-Mii    t  ■  tl.f    |irf.ti.»  « i  •»■  ri.Mit  r.!     :.    i  ! 
ll.ilij-.    l-f-il.J     !»'  t      Ul.iirl     N»       n  •.frn'l'i:      •  ■■!     **«jMr«t»  ?aV'       •■ 

|»i«  ii*f  ;t?.\  lii'tTir.  r  !  rMir- -  t:.  .\t.\  •  i.  .r*).  •■r-Kij--!  •■  f 
tl,.-\  ■' a.M*'  lir-ir.  •!  ?  _v  t'  r  it  J  i'  :•  k:  !•  tKi'lt  <  t  j!  Vilr«i''mt 
1^    ■       i.-'t     \\  inch  hi-   .i-  tlii    ^'•.!  ;  't     i  Mi.    •'■:    |*:i-h    \    '• 

•  :■!:!. .11  1\    |»i«iii''.    };:•!••  i!.    n '1    •}.:!!!    r*- •  :vi-    ••.■■h    rx.rBi.«    m  ! 
Iti  I      ••  r-  i[    ■    :i-  ■'!■-•'!    ■  r  -Jii'i    M.i  i»  '.•  T      :i|  J*•!•«:■ 
I.■     'li.it   .ii.   Alt   ir  A.'l-  -f  iVi'Ii.n-:.  i.t   *-^  jn-*.- 1    list  t    • 

I  •■  I  uT\     I  i  J.i-  !  J I  i\i  ri  ■  r      I  I*!  •  r  J  n-vt  ri  ■  r-  *^f  I  f!«:.  t.  A  - 

(IK:-    I'li-p  -.(:•  I.    !■    !'i-    -!\r- •     .!■    \\.f    t'.'.rl*    ■  ^•'.H*      !    I*.* 
•••  M'-.!' I  i.f  I.  |ri  •••!.••  ■!  J*'   N»'i».-.»*?Ii«    ]■      ;**! 

iliif    ^ll!«  •:!}».    -r  \.'j  !.  •  ij' :      r  ^'l.'e-  :  '*.     tli  !    Miit^^J.'K     Af 
li!'»i,  ti  r   !}.f    i!:t.ri    itT- itin;    ■'.'.•ii!.I:i..'   ■'   .!•  •uili  ai.<1    I'a^.«*« 
U    ;i»  .!;"•. il:  ."    'i«'M^*r  !   rl  i  i:i:-'   tJ.c   U«f  ;    T  f  t/ir   f^:  ^ 

I  I?:  1.  f  f- .' i!  !!«•:.■  f  r  J  !-•-  :  •f.i  !'r  r- ••.ilj*,  r  1  ,:i  Af  . 
.Ill-  t'r  -.ii:,.  .1-  ?*•'  •iv.  :  Ml  ■  ."••i  !.ir.Mi  .iT.  I  l^i.^h  I'r  •]•«;• 
1 1-  I  *    ;it  I'      :i2     '  Tit  .i:.    1    w  i\t. :   '.  !  t..  !'• !  inH  I 

I'i..  ?».:•-..  tWi!.!\  !  ■•?.  'HM  !  .  ..  :.l  M.  :  twri  t»  V  ;r-.S 
A  :  r :  !■  -  1 .  !  I'r  %•  O..  .  )  -•  r^  r  :.  ■  f  •  r  •  S.^-"-  jiv  i:  z.  i  at.  t 
II:  M  ih':.  |>.  ]-ii  I.  i.ii:/.  piir.ii.r  ■  -  :.  ri-.-i'i.-i-  »t.'\  *rv  th.« 
-•x-  I   .1-  !'..  t.r  •••<   .r  I  !*■:■-•"••••■  l*i'if!h  I  r  i-  •  T:  :.   p     rij ; 

■  •  !•     M-  ■.••  . 

I  :  •  \    '   I.  ■      »!-  ■  TI.'    *?•■!•!    u*    t      ''.tt  rt     *ti\\    ii-i:r    M  *  ••••» 

V     .     ■■    •     .  .t    :  •    •      II.*  ^r    I-:  .•    ]'\    y 'ir    I^rt^r* 

I   i'-                :•  •    •'.•■'i  f**    '*t.ii    ■  *.    v.-  J. hi.'     »:  ■!    •:  •!  r.l    Kt    «    «r 

•  .:   :     ■*:   i     i     '^r.  i  ■»     i  '  '•  i   I      •.!  ■     I.     ■■-    iin-i   ^'of^.p^.r^ 

*.  I     :       ■  It       •.        '    |i.r«     fti-:'tli«r    ?ii    ?h# 


.  1* 


■      ij  1  ■  »•;.  »       I.'       t    •  '::     u|-  n 


"*-■*     :.  1 


»647l   Engagement  between  the  King  and  the  Scots  347 

mfttare  deliberation,  that  it  standa  not  with  the  safety  Mid 
secnrity  of  the  kingdom  and  Parlisment,  to  have  your  Mtjesty's 
asaeiit  at  tliis  time  given  otherwiK.  They  desire,  therefore, 
that  jour  Majerty  be  pleased  to  grant  yoar  warrant  for  the 
draught  of  a  Bill  for  snch  your  Letters  Patent,  to  be  presented 
to  your  Majesty;  and  then  a  warrant  to  Edward  Earl  of 
Hnnchester  and  William  Lenthall,  Esq.,  Speaker  of  the  UoQse 
of  Conimoni,  who  have  now  the  custody  of  the  Great  Seal 
of  England,  to  put  the  same  to  such  yonr  Jfajesty's  Letters 
Patent  signed  as  aforesaid,  tliereby  authorising  Algernon  Earl 
of  Nortliuniberland,  Henry  Earl  of  Kent.  John  Earl  of  Rutland, 
Philip  Earl  of  Pembroke,  William  Earl  of  Salisbury,  Robert 
Eurl  of  Warwick,  and  Edmund  Earl  of  Uulgrave,  or  any  three 
of  them,  to  give  your  Majesty's  royal  assent  unto  the  said 
Rills,  according  to  the  law  in  that  behalf  declared ;  and  for  the 
other  particulars  contained  in  the  aforementioned  Propoeitions, 
the  two  Houses  of  Parliament  will,  after  such  your  Majesty's 
assent  ^ivi^ii  to  the  said  Bills,  send  their  Committee  of  both 
Houses  to  treat  with  your  Majesty  in  the  Isle  of  Wight  there- 

76.     Thb  Engiobmeht  between  the  Kino  and  the 

Scots. 

[December  16,  1647.    Clarmdon  MS3.  i6S£,  16B6.    See  Qrtat  CMt 

War,  i».  39.] 

Charles  R. 

His  Majesty  giving  belief  to  the  professions  of  those  who 

have  entered   into  the  League  and  Covenant,  and  that  their 

intentions  are  real  for  preservation  of  His  Ifajeaty's  person 

and  authority  accoiding  to  their  allegiance,  and  no  ways  to 

diminish  his  just  power  and  greatness,  His  Ui^esty,  so  soon 

as  he  can  with  freedom,  honour  and  safety  be  present  in  a 

free  Parliament,  ts  content  to  confirm  the  said  League  and 

Covenant  by  Act  of  Parliameiit  in  both  kingdoms,  for  seonrity 

of  all  wlio  have  taken  or  shall  take  the  said  Covenant,  provided 

tliat    none  who    is  unwilling   shall  be   constrained  to  take  it. 

liii  Majenty  will  likewise  confirm  by  Act  of  Parliament  in 

Ei>L,'land,   I'rosbyterial  goYeroment,  the  directory  for  worship, 

and  Assembly  of  Divines  at  Westminster  for  three  years,  so  that 


94a 


CenshtuHoMal  Deoitmnli 


{4 


Hb  M^wtj  M>d  bte  ImmIioU  h*  not  hiixlMvd  bw  afa^ 
tlMt  farm  at  DMm  StrriM  fa*  hrtli  latmnlT  pnrtiMrf ;  «•< 
llMt  *  h**  <Ub*U  wd  eooniltoUon  l>«  Ud  wiUt  tka  DMw> 
»l  WMtaioarr,  iwntjr  oT  Hit  M^JMty's  amaaaikm  bate( 
■dd»d  uto  Ukb.  u<d  with  ia«fa  m  i1»U  ha  •mt  Inm  ite 
Chorch  of  ScplUikd.  whanby  It  a»j  h*  iitanmitmi  bj  Hi* 
U^jHty  and  tha  two  Hoawt  bow  ttw  Okanlt  (vrcnaraA, 
•fUr  Ibc  hU  tbm  ymn,  ikKO  l«  lUly  MUhltArf  m  ii  bM 
■gnMbio  lo  Um  W«nl<irOoa:  tlMl  ta  Aetml  wsna  ttmM 
bt  Ukm  bjr  let  of  IVlkaiat,  and  «n  oUtOT  wsj«  mmittl  m  ' 
tspadiMri:,  fbr  wippwinf  iba  afla'ciM  aad  pawbaaa  mt  Aali> 
lyfajtariaaa;  ABabaptntt.  AatlMcaiaaa,  Aiaiawn^  fawiHn^ 
BmraiMa,  Sepualiata,  ladapBdcnia,  LibtrtiBai,  awl  Saakw^ 
and  gmmnity  lor  mffrtmii^  all  hlaift— y,  h««ay,  aiUia.  ami 
•U  Rwh  nMlabMia  ihwUiiHa  ■    * 


tbaHcht  orMtm,orto  Iba  komn  priaaipUa  af  Chifartaa^tj. 
wbalbar  eooeantag  fiulK  wqnUp  or  aasTanatiaa,  «r  la  tha 
povtr  af  OodBsaM,  ar  wUab  m?  ba  dfalmtin  to  miw  tad 
gprawaai.  or  la  Iba  paaM  cf  ibt  CUnb  awl  Uafdaa ;  Um* 
is  tba  Bad  Staalaa  ol  PhriiaMf  at  aftrr  tbat  iba  U^d«  af 
Sntlaad  abal)  dachra  fev  Hi*  Hi^y  ia  |w«MaM  af  ibia 
AflTMHnt,  ba  aball  la  panna  or  by  wommmkm  aoair«  Iba 
LMf«aaadConnaBtaeeordw|totbalnlAitlalfc  Ooanrala* 
tbaAcUpaaarftolbabattriaaaMParfaaiwrlafbhtlnliii 
of  BeoUaad.  aad  tba  Owawtttaaa  apfnialcd  by  tiw  mmm,  Bia 
V^ly  b  ewtaat  tbaa  aba  to  ^  iwaiiaii  by  Aat  if  ^ 
IbBMl  tba  Bailbtr  bo  a«  bb  laaiiwan  aball  <|wml.  mI  bi 
Hawtiaa.  er  aaamaad  tba  eoatnry  af  aay  of  tbaM.  aov  qaaatiaa 
Bay  for  gHiof  abaAmn  to  tba  Hna;  and  whrnma  aft»  Iha 
ratara  of  tba  8mUMi  amy  to  Bsetkad.  tba  BaaaM  of  fm^ 
HaMB*  af  Eafbad  did  rmAn  aad  affwbrt  tba  af«y  mAw 

I  af  Or  Tbaawa  PUr&a  to  dbtwd.  aad  ibay  haii^ 
I  lagifiwoat  to  tU  aaatnry.  Hit  V^^Mty  waa 

away  tnm  UoUlaaby  w^imt  bb  will  by  a  party  af  tba 
litotaid  ia  tbair  paMV  ai4il  ha  waa  fcm4  to 
ly  ftwa  aMM«Bt  Iba*  to  tba  I«la  if  Wi|^l 
tba*  Bb  Ma}arty  awl  Iba  C<»uabifcw«n  tt  tba 
frathad  bava  mnmtf  |Hwii  Ibal  Hb  Majnty  m^ 
to  Loadao  la  mbty.  be«w  lad  frMloM  hr 


ba  btoflda^^^J 

Hy-ifbtM^^H 


1647]  Engagement  between  the  King  and  the  Scots   349 

witb  the  two  Houses  and  the  CommissiouerB  of  the  Parliament 
of  Scotland,  which  hath  not  been  granted:  and  whereas  the 
Btiid  army  hath  in  a  violent  manner  forced  away  divers  members 
of  both  Houses  from  the  discharge  of  their  trust,  and  possessed 
themselves  of  the  City  of  London  and  all  the  strengths  and 
gairisons  of  the  kingdom,  and,  through  the  power  and  influence 
of  tie  said  army  and  their  adhcreuts,  Propositions  and  Bills 
have  been  sent  to  His  Majesty  without  the  advice  and  consent 
of  the  kingdom  of  Scotland,  contrary  to  the  Treaty  between 
the  kingdoms,  which  are  destructive  to  religion.  His  Majesty's 
just  rights,  the  privileges  of  Parliament,  and  liberty  of  the 
subject,  from  which  Propositions  and  Bills  the  said  Scots  Com- 
missioners have  dissented  in  the  name  of  the  kingdom  of 
Scotland;  and,  forasmuch  as  His  Majesty  is  willing  to  give 
satisfaction  concerning  the  settling  of  religion  and  other  matter 
in  difference,  as  is  expressed  in  this  Agi*eement,  the  kingdom  of 
Scotland  doth  oblige  and  engage  themselves  first  in  a  peaceable 
way  and  manner  to  endeavour  that  His  Majesty  may  come  to 
liondon  in  safety,  honour  and  freedom  for  a  personal  treaty 
with  the  Houses  of  Parliament  and  the  Commissioners  of 
Scotland  upon  such  Propositions  as  shall  be  mutually  agreed 
on  between  the  kingdoms,  and  such  Propositions  as  His  Majesty 
shall  think  fit  to  make ;  and  that  for  this  end  all  armies  may 
be  disbanded,  and  in  case  this  shall  not  be  granted,  that 
Declarations  shall  be  emitted  by  the  kingdom  of  Scotland  in 
pursuance  of  this  Agreement,  against  the  unjust  proceedings 
of  the  two  Houses  of  Parliament  towards  His  Migesty  and 
the  kingdom  of  Scotland,  wherein  they  shall  assert  the  right 
which  belongs  to  the  Crown  in  the  power  of  the  militia,  the 
Great  Seal,  bestowing  of  honours  and  offices  of  trust,  choioe 
of  Privy  Councillors,  the  right  of  the  King's  negatire  voice 
in  Parliament ;  and  that  the  Queen's  Majesty,  the  Prince,  and 
the  rest  of  the  royal  issue,  ought  to  renouiin  where  His  Majesty 
shall  think  fit,  in  either  of  the  kingdoms,  with  safety,  bonoiir 
and  freedom;  and  upon  the  issuing  of  the  said  Declarations, 
that  an  army  shall  be  sent  from  Scotland  into  England,  for 
preservation  and  ebtablishment  of  religion,  for  defence  of  His 
Majesty's  person  and  authority,  and  rettoring  him  to  his  govem- 
ment,  to  the  just  rights  of  the  Crown  and  his  full  reveuueh, 


» 


I 


3^  Camttiiutiotial  DofumuHts 

far  dclriMa  of  Ihc  privU^p*  of  ndJMMOt  m4  libvtiM  flf  •» 
■ulJKt,  for  nukinit  ■  fim  miam  til<w  iW  fctng^H*.  oadv 
Ilk  HaJMty  mmI  hk  pMtoriiy,  ud  MttUnc  •  iMliag  fmmi 
it)  punaMM*  mhtnot  Um  ktarlaM  of  HtxUwl  will  iiImi  m 
U»t  tbm  B»r  U  ft  ftw  Md  hU  PaHiM«Mi  i>  Ki^ilMd.  m4 

dsB,  ud  tlMt  •  ■l>««)7  per><^  b«  Mt  to  tfab  piiwt  fariii^iwi. 
aod  tlut  tlM  mM  anqr  t)«U  b*  upqa  iIm  uMKb  Ufan  Ik  «ni 
PBMHbk  iiimiiici  un)  PwUwliwi  br  lUinfW  to  iha  Umm  i 
uid  it  i»  htrUiM-  aftMd  UmI  kU  mdi  la  th«  kiafdw  «f 
Eneknd  or  IraUnd,  h  iImU  jnM  with  Um  Iu^^mi  mT  Sarf- 
l>oil  in  fMrMwaw  of  Uiu  AgrMMoO,  ibftU  b»  pntoctod  I9 
Hi*  U^r  ">  ^''^  pMMM  ui4  Mtoiwi  mJ  Ikkt  «U  (Mb 
Ub  l^Mtr  ■  pil^MU  o<  lb«l«id  wid  Imlud  m  ifed  jm  «i«h 
bin  i>  pBisuDM  of  tUt  Jtgrw Ml*  Mjr  ohm  to  Ik*  flortA 
aim;  Mid  JoIb  with  lb«B,  «r  •!»  pM  UmmmIvw  iirt*  «dM 
bodiM  Ia  Eaukiid  lad  WsIm  hr  |«w— tina  of  IW  m^ 
mb  M  Um  Kiog*!  XivmIt  lUl  ja^  BMrt  e— wit.  mI 
ubAk  ■MhCcMUMadm  or  Ocaarkb  vf  tb»  E^Uah  mImb  « 
Hb  YUitttj  Aa^  ibiak  fti,  ud  tlwt  tD  twb  ikU  b» |i  I  l  I 
hj  tbt  kfa^doto  of  Stotkad  ud  tbwr  anqr  n  tWr  yiniii 
•ad  mU1«,  Mid  wW«  wf  bJMT  v  wrwc  b  4mm  to  tkai 
UMnia,  tUt  Uiay  tUll  b«  eviAil  to  m  Umm  fcllj  npMn^  m 
hr  H  b  is  lUr  pivar  to  do,  %»A  likawb^whw*  Mr  *f*V 
ttmrmi  b  doot  to  Umw  tlMl  Jobi  wilktka  fci^da^  of  fla*- 
hod,  Hb  M^Mty  •ball  ba  NiiAd  te  thair  Ml  ii|aiillw  . 
that  Hb  Mi^wlrar  aajr  by  Ua  MiUnri^or  hiMabdgi  ibJI 
■at  Maha  aar  adut  of  taij  sMBtbo,  ytiaaiUM,  aar  a^ia* 
■ant  for  faaaa  whatoaaww.  nor  of  aajr  Tkwtj,  rtiif  ^liliMa. 
MUa,  ar  U7  albar  waja  far  that  and,  wtth  tha  Ha«iw  ^ 
IWlbaMBt  or  m$  anqr  or  putf  >■  FagJiad  aad  Intial 

withaat  tha  Mivba  aad  m I  of  iha  U^^a  a(  Biilbii; 

Mr  aaj  bafiaf  thair  aatbarily  ihaD  «Hhar  aaka  «»  adwl  af 
aoj  of  thvi  Mij  wnaar  af  waj  with  aaj  whaUmar  withaat 
Bb  Ui^aatj'*  adrba  aad  eeaaaM;  that,  apaa  Iha  HltUiw  rf 
a  pawih  tbn  ba  m  Ad  ^  Oblivba  to  ba  ^raad  m  hf  Hb 
lUHjr  Mtd  balh  bb  PattbMuto  af  holh  bii^dfi;  l^ 
Kb   Hm«t.  tha   TriitM.  or   both   lUl  aa  ~      '     ~ 

Bfoa  Iha  tantatMtt  «f  ihal  hia«d*M  ai^  ihab  -VhrrHia 


1647J  Engagement  between  the  King  and  the  Scots  351 

thej  ah»ll  be  in  safetj-,  freedom  and  honour,  when  poBiibly  they 
cau  come  with  sufi'ty  ajid  convenience;  anil  that  His  Majesty 
Bhsll  contribute  his  utmost  endeaTours  both  at  home  and  abroad 
for  aBbisting  the  kingdom  of  Scotland  in  carrying  on  this  war  by 
sea  and  land,  and  for  their  eupply  by  mouies,  arms,  ammuniliou, 
and  all  other  things  requisite,  as  also  for  guarding  the  coasta 
of  Scotland  with  ships,  and  protecting  all  Scottish  merchants 
in  the  free  exercise  of  trade  and  commerce  with  other  natioDS ; 
and  His  Majesty  is  very  willing  and  doth  authorise  the  Scots 
army  to  possess  themselves  of  Berwick,  Carlisle,  Newcastle- 
upon-Tyne,  Tyneniouth,  and  Hartlepool,  for  to  b«  places  of 
retreat  and  magazine,  and,  when  the  peace  of  the  kingdom  is 
settled,  the  kingdom  of  Scotland  shall  remove  their  forces,  and 
delivei'  back  again  the  said  towns  and  castles ;  that,  according 
to  the  large  Treaty,  payment  may  be  made  of  the  remainder 
of  the  Brotherly  Assistance  which  yet  rests  unpaid ;  and  like- 
wise of  the  £200,000  due  npon  the  late  Treaty  made  with  the 
Houses  of  Parliament  for  the  return  of  the  Scots  army,  aa  alto 
tliat  payment  sliall  be  made  to  the  kingdom  of  Scotland  for  the 
charge  and  expense  of  their  army  in  thia  future  war,  together 
with  due  recompense  for  the  losses  which  they  ihaU  sostain 
therein  :  that  due  satisfaction,  siccording  to  the  Treaty  on  that 
behalf  between  the  kingdoms,  shall  be  made  to  the  Scottish 
army  in  Ireland,  out  of  the  land  of  that  kingdom  or  otherwise ; 
tliat  His  Majesty,  according  to  the  intention  of  hii  father,  shall 
endeavour  a  complete  union  of  the  kingdoms,  so  aa  they  may 
be  one  under  Hia  Uajesty  and  his  poaterity  -,  and,  if  that  cannot 
be  speedily  effected,  that  all  liberties,  privileges,  oonoeming 
commerce,  traffic,  and  manofactories  peculiar  to  the  subjects  of 
either  nation,  shall  be  common  to  the  subjects  of  both  klngdoou 
without  distinction ;  and  that  there  be  a  communication  of 
mutual  capacity  of  all  other  privileges  of  the  subject  in  the  two 
kingdoms ;  that  a  competent  number  of  ships  shall  be  ysarly 
assigned  and  appointed  ont  of  His  Majesty's  navy,  which  shall 
attend  the  coast  of  Scotland  for  a  guard  and  freedom  of  trade 
to  his  subjects  of  that  nation ;  that  His  Majesty  doth  declare 
that  his  successors  as  well  as  himself  are  obliged  to  the  pei^ 
form&nces  of  the  Articles  and  conditions  of  thia  Agreement; 
that  His  Majesty  shall  not  be  obliged  to  the  perfbnnknce  of  tbs 


33^ 


f.  otis/i/uttofiti.    JJoi  umtHh 


.  i&«: 


A'l  ii'^Hiii  Ai'iclt-i  uiilil  tilt*  kiiif/il'Ui  of  Sx'tUud  •i.A^i  d't.^^ 
fi'i  hiiii  in  |>iira(iHii(-f-  tri'  tlii-  Ajri*enieiit,  ah'I  triAi  th  «l«u!* 
Aiti'-li-k  umi  1  "iiilitiMiip  Hfiiii'iii'i  i>hii!l  U  t  1111^*^1,  |.r;f»<'i^ 
aipi  j.#-i:'orm' il  liefi»n*  tin*  r- turn  of  t:ir  S.  ..i^  ■rri.i  .  •:.  :  th,*! 
wiirii  tlir\  rftiiri.  iiit>>  Sr  >tliiitil  at  the  ■.iine  tiin^  «iifiut  #:  *  ^mi 
all  aiiii-  )}i  lii-l-AC'l' «1  in  Kn.'l-ki.ii. 

C'.iri»i'  f'-'k    thi   j6th  o!  l^<^tr.(«r 


W."  till  ilciitii  a:i(l  JiKlitT'  "Ur-^l'.r-  ffi  r*r'.<i  J  ri,..-,y .,  \'^%x 
till-  )<iiii/i"ii)  if  Si  I  tlni.i!  ■Ill*  K'^OfT  ti»  ii'if-rin  tb  «r;;t«:. 
Aiti.  It"*,  wt  •.h.ill  |>fif  r:it  urir  |t.irt  thfr*-iii  a-  i*  alaii*  ci^'rvflftni 
ii.  tlir  •'.tl'l  Ar' i  !•  •* 

At  ('ii:-l.n-.k  <■»  t  . .  t!..    :m!.  ..f  I',  .r  :iJ<r      <'h«:lr«  R       .• 

W'r.  wh««H-  ran:- 1*  an*  ui.ilirwi  ittt  1.  .1..  1..  r-l.v  tu^  ^r  -u: 
^f'v•■«  M)>  n  c'.i!  Iiiii."  .1  ^li'h  an  i  •  i.k  eiic«.  ami  all  t''^*  u 
il»  nri*  t  •■■  li  !  i««»»  ni»-ii.  t--  i-  |tii\'i  ir  !■■  rh*-  iitfii'-flt  i-f  •■  «r  j»  wrr* 
\\\'\*  t:.t  kii./ii!!.  if  >«  -tli:.'!  •':.*'.'.  rii/ifcTP  t«  |<:  -  m:  ^:-* 
^M*i  :■.  W!:'*rii  i .'!:  !.'  ■  :.*  ih  ^'  f.*:  »•  iiLt'i  ?"  i:.*:x:  Hia 
M  I  r  fy  ri.:.'M..'::.j  t  j- : :"  rri.  Ki«  j-irt  iif  tl.r  nffK^aii  A:t:cl'«. 
Ki.  )  M'  .i:<  :i.<>^*  •  :  f.  !•■!.*  r!.tt  t}.i  kih^'<l'im  if  S«-'<tlai>i  «il] 
il     •!•■  *.i  :\:.  i  »■    .ir'    r:.  «••  »;|!iii.».  i.|»iin  th-    |-T!Vclin^  of 

tir  ■  V  ■'.   A ►•!•••  :i.r:.'    !•■  h  ..1  1  ■   .r  liT  •  ax.  I  T  rtuiiri  ili  j«r 

n;ai.''     ti.rr-    '        !'.^    li.i     « '  i  .m    v ?'   !"iX'.i  i.**    I'rea- vtrnar 

K  \.  M.-i-.r:  •  '\  A  r  !  r.ir'i  i':.ri.'  II:-  NU'.-t\  hnlii  li  rlaftvi  to 
U«  •!.»•  K-  I  I..  .•!;.l  ■■i:j'.!  t  -il  -  r.  thr  Wttli:.^  •  f  r.-tt'  t- 
tcri.i.  'J  T.  rMsi  i.V  i;  r  t-  |  rf*«-:.t  x  H:  I  f"r  iLit  rffe  t  .  as  i 
w  iiikruii-  uii'if rpt.iii  1  t!..it  I.  !*•  -1.  iiiK.i*i«Trr  tuff* r  11.  L:* 
r»»ai.  .  r  '•  rp  r.il  p  .r.iil.:i:fij»  •...  i;  t  iu?  :!;.!ti!.,j  t.-  rrv-LTtrriaa 
K<  \f  -ii'-.r-  t.  !iii  ^I  v  *' V  111.  !•  r-t.ii.  Iii.^*  tha*  t:.i«  I'.al!  ix>t  eitccd 
t"  •'    '■•■  •}..!•  ar-    ...M/i  Lt  i  II.  ?:••  r!*titr  jp,Miii<;  t*<I«ra*i'-i. 

T  •  w.i  '^r. 'I'lil  i:  t''#  J  r» -•  i.c-  •  •'  I.- rl  L''»u«i  un.  L  rd 
I.iMlf  !  !•     \.i\   \.\\*i  k.  nti !   t?.r   Ki!.^  (i<.k  th^m  M  w.l 

I.    .1  ^i..  Lau!e   Iai*  .  Libert. k 

'    T    ■    •    ■    •         ■  r      .'■■»■-•        -    i^«   i:  t    «    r«      f  »Vf  r   ;  twv       '^  &ai 


16471        Tkt  King's  rtpfy  to  0te  Four  Bills         353 

77.  Additiokal  Abticlzs  or  tbe  ExaAanmr. 


Cluu-l«s  Rex. 

Hii  Migeaty,  oat  of  the  nttund  ftffeotion  be  bean  I 
anoieDt  and  natire  kiogdom,  uid  to  demonitnte  bow  ■ 
he  U  of  tbeir  affectioD  expreved  to  him  in  tbe  time  of  hit 
extremity,  and  bow  beftrtily  deairoua  he  is  to  pot  nurin  dt 
bis  gnoe  and  fmToor  npon  bii  talgooti  of  tb»t  lutioii  whieh  laaj 
remain  to  all  potteritj,  duth  declare  that  be  ia  leeolTcd  :— 

That  Bcottiih  men  equally  with  Englieb  be  emplc^red  faj 
HU  Hiyeety  and  bis  anecewon,  in  Ibreign  negotiatioaa  and 
treatiea  in  all  time  coming; 

That  a  considerable  and  competent  nnmber  of  Sootamen'  b« 
upon  Hia  Majeaty'i  Conndl,  and  bia  anceeaaora'  In  n«gl«»»J, 
and  (0  reoiprocally  tbe  tame  nnmber  of  Si^ahm«i  npon  Bia 
Mqeitj'a  Connoil  in  Scotland.  That  Bootdah  man  aeo(Mrdii« 
to  the  uomber  and  proportion  [of  a  third  part  in  nnmber  ud 
quality  be  employed  *]  in  placea  of  trust  and  (rfEoaa  about  Hia 
Majeaty'a  paraon,  tbe  Queen'a  M^eaty,  th«  Prince  aad  the  liat 
of  the  royal  iaane,  and  tiwir  fiuniliea  in  all  tima  eoming. 

That  His  H^jeatjr  and  the  Prince,  or  at  leait  ooa  of  tliwi. 
■hall  reside  in  Seotland  fraqoMitly  aa  their  oocaaiona  can  penut 
— wbareby  their  subjeota  of  that  kingdom  may  be  known  unto 
them*. 

78.  Tbs  Kiko'b  aivLT  to  •nm  Foub  BtuA  Aan  tbi 
AccoHMvmie  Ptotonnon. 


For  the  Speaker  of  the  Lorda*  Honae  pro  Umfom,  to  b* 
commnniDated  to  the  Lorda  and  C 


>  Thii  originitUr  (toad:    ' UmI  BeoUU  taa  at  iMit  te 
the  third  put.' 
•  Th*  woidi  iB  bnokata  an  iMMad  fa  Ika  auH^  ia  OmiIm's  to^ 

'  •  Thb  addiiioDalAfiwmMtwMMaUdwMCkHWh^aat    l\wm 
origlnallT  daUd  Ctriitwok.  16  Dm.  ifttf , fct  fte  data  Is  IMallfciicwt, 


J.S4 


to9tstitut:o.:>}!   Ii%Humnit^ 


i6« 


'W.r  i.iii-i-ity  lit  I'l  lii|'!\  111.'  u".*'  «il  ffiJifcT'l  ir.t»rr«t«  r 
tlti--tf  k'i'>*t  ill  •tf-iii{ii  !•<.  t'^:  'A  |M-r!<At  -•  Mi*  :i«' Ti*.  i.-f  yc^K^  \\  • 
M.i'f-t>  t'l!.!-  t..  In-  1    !.••  tij  till-  1'M.ii  il.rV  '.Iri'-^  !»•■  h*:K  :_••. 

\%  nil  •:!.•  I-  tli»  t:nif'  •  !  Ki-*  :ifni<-*:  'i.**  ;    w  l.uh  iv  t«>*  ^i-i^-lr  «  '  •  -. 

U?   tl.r  «iiliif  mill-  tli.if   tli«'  lMi<  li*  k»^«  ••!  tl.'  Ll.k''l*K   I'at.I  .:.cLt 

•  i  •  {  Ii'M'i.l  t*'   11:^    M.tji-tv    <rVc*ra!    !>.!!«   :\l.ii  I'l    (••■Itl    {.•  ".  r    *.^ 
i    !i-ri.t.    tl  r     *      ::.•..:■»■    ..•  i  -     f'.     **'*iilii  !■    .»|- ;.!%      (  tett 

tjaiii>!    tl  f.ii  .  T.'.n'    \%rif   !":.r:i'   lilM:!..'    li.    tJii-   •  «••    I  ^t    :?.-' 

..i.-i  .■  i.i!i  II  ■•  ?f  .1*  .l:?^ir:.  i-  III-  Mj;r^ry  i»T.ri.^f  \tl,m^\.:  e 
\.y\\  t"  ^\\r  -.»  '  i:.  .ii-w«r  tl-  w  !..iT  •  :■  «  f'^'^'l'  "^^  •* 
T'.if.hy   t-     |iI":m-'-   Ii  :..-i'.I   Li-   k':«"-»t   *i-'i.  *   |Kr!f*t   |- *c* 

A:::  w'.iii  11:-  M.ij.t-T\  :.:!'»r  t.nt-ilt:-  !."»  itiii«n4:' *.c  t 
1-.   i;.   ti.r    I  !•: -iltu-;.    i.r    I.    w      Tili.-    !      !  .!'  !    I    i-    •ir^.:«»      f    fc..t 

*  All  li    li<-  .-.   -:l..  -    tIj      I  :i.\    .!:.•:.!    i     1    kli    m  i.  «i.%i«      i   i%em.     »' 
!  .M  •    .III    rilli>  \  \-\    1 ! :  ^    *«I  I  -I  •>:  \  ->    i  i  :      ...J.  .i  -  i.*.  ii«  ll.r    H     . 

!  i". .  !  ^    ■  :    •■■.   .    I ■■..  ii:-  !■  ■  ■  .     « !:■  »!  >•  .tl     !  Ki..;'.a!.  i    :.* 

.;  :     T    111*    \^>>].  I'-r   ..:     ^.;   :     \.\  .  .'    .:.    t(i>    lutkuwr   •>!   a>iir«*« 

!,;;.;-    I.    ^-v    III  »  !•■    ;.:.!■    ij...i  ,  ..»■-*    li.-*    •.i»-'    Ii    j«»-»    ::.t«:.  I 

'...i'    li   ^   M.i  •■-!%    ■■?  .1  .    I.      .*   ■•'     .  'i   f-al    >r  i!   in.i  It    *•:??:     .1    Li* 

i.!'..'t;r\.   U-f    :•■    fl.il-     *r     ..  -     It-.it;    U    \\tk  .    ttir:r..|MD    I. 

jk   I'-i  i'\.«!..  :.  .1    .:    n.  ix    j-.    ■:•■:    f.  i/.i:<l  th-    te- ur;l;^    ;t«*/ 

«••   :>  I    '    V   i:i    •  :.*    l!    «•  f    .^   \  •  rv    '.;:i;    iiv  [.j!i'.r    \       11:*   Uk-rtt* 

\-   i     *!:    ■■i.^-!i     Mil    M  .• -■>     i^    v».;!;   *:    to     f-.:c\i-    *A.\\     •.br 

.    •  I  :  •     ; .      :    V  ••  r  %    i •»    :  •.    : ; .    *     :  .    11  .■.*•■  <    i :.    m  :   i : .  ^*  t '  *■  .r    I^ , . • 

!•  '    :i      I    *:citf\    M  .     I     !-.    '..        '    Li«   .1   fri:»T  In^'u    l.i:i  .  A^'i  w^  * 

!      T.iM-     .:.\    a  i\.»:.r.ii:t     •  ;•    |^*-.;.:    •!.•?;..  t.  ":  ■  :    tJ-.r.** 

;  .4.  *»  I.:        i»:  •    «  ;?    ••:    .\^  i..  't    iii*   t    :.»    .r..  r     r    ?.v  ir  ««r  , 

\''     I  J.J.    ^I    ■•••\     ••■!.-\i-    ;•    ■   rar    I-     .•  .    ".:   i<  :  tt  i.*.  i::  «■    iLftt 

■      !       -  '  »:i.     .m    ri.rv      i:»     :.  -u     i  •  :.:.i-.i     i.   ^    t.'.^f    t&c 

1  •  •■: «     •  1   ri  t     ?  * 


•    .  •     • 


I  • 


• 


.  I.    .. 


I6^7]        The  fCiti^^'s  reply  to  the  Four  Bills         355 

reponl  of  the^e  Bills,  but  aim  the  making  hia  conceF^ioriS  guilty 
of  the  greatfst  pressures  that  can  be  made  upon  the  subject;  aa 
in  other  particutarp.Eo  by  giving  an  arhitmryanit  unlimited  power 
to  the  two  Houses  for  ever,  to  raise  and  levy  forces  for  land 
and  fca  service,  on  whnt  persons,  without  distinction  or  quality, 
and  to  what  numliers,  they  please:  and  likewise,  for  the  pay- 
ment of  them,  to  levy  what  monies,  ia  such  sort,  and  by  such 
ways  and  menus,  and  consequently  upon  the  estates  of  whatsoever 
persons  they  shall  think  tit  and  appoint,  which  is  utterly 
inconsistent  with  the  liberty  and  prospenly  of  the  subject,  and 
His  Majesty's  trust  in  protecting  them.  So  that,  if  the  miyor 
part  of  both  Houses  shall  think  it  necessary  to  put  the  rest  of 
the  Propositions  into  Y>i\\i,  His  Majesty  leaves  all  the  world  to 
judge  how  unsafe  it  would  be  for  him  to  consent  thereunto;  kod 
if  not,  what  a  strange  condition,  after  the  passing  of  these  four 
Bills,  His  Majesty  and  all  his  subjects  would  be  cast  into. 

And  here  His  Majesty  thinks  it  not  unfit  to  wish  his  two 
Houses  to  consider  well  the  manner  of  their  proceeding;  that 
when  His  Majesty  desires  k  personal  treaty  with  them  for  the 
settling  of  a  peace,  they  in  manner  propose  the  very  subject 
matter  of  the  most  esaential  parts  thereof  to  be  firrt  gruited, 
a  thing  which  will  be  hardly  credible  to  posterity.  Whereforo 
His  Majesty  declares,  that  neither  the  desire  of  being  freed  from 
this  tedious  and  irksome  condition  of  life  His  Majesty  batfa  so 
long  suffered,  nor  the  apprehension  of  what  may  befhll  him,  in 
case  his  two  Ilousea  shall  not  afford  him  a  personal  treaty,  shall 
make  him  change  his  resolution  of  not  consenting  to  any  Act  till 
the  whole  peace  he  concluded. 

Vet  then  he  intends  not  only  to  give  just  and  reasonable 
satisfaction  in  the  particulars  presented  to  him,  but  also  to 
make  good  all  other  coDcenions  mentioned  in  his  message  of 
the  17th  of  November  last',  which  he  thought  woold  have 
produccil  better  effects  than  what  he  Itada  in  the  Bills  and 
Propofittona  now  presented  unto  him. 

And  yet  His  Majesty  cannot  give  over,  hut  now  again 
earnestly  prcsseth  for  a  perton«l  treaty  {so  passionately  is  he 
nffectol  with  the  advantage*  which   peace  will  bring  to    His 


3S« 


CtmntiMiimal  Docummih 


1 


tlxT*  Iwing   nn   othar  vialbla  mj  to  nbtMA  ■  wvfl-f 

hiiMiU;  for  h«TiBK  rnlfilM  Um  a«M*  UU  «f  •  Chrutw  Mi  ^ 
K  King :  utd  will  pAlMnltjr  w*it  Vb»  good  pteMw*  •<  i 
Go.1  to  iaeliiM  Ibe  houto  of  Us  t«*>  Hmm* 
King,  wid  to  nBiin»MinMta  their  ftUow  lal^ 

OinDat  Cafkfamk  (mU.  ia  IIm  hfe«f  W^bV 
r  iS,  1647. 


70.  Tas  Ton  or  No  Amu 

TIm  Lordi  Htd  Oomwm  tMwabliil  ia  IVluaMrt.  ••« 
■uy  iilihaw  to  Bi«  lUHtJ  ^  ^  pmwAiiv  ^^  "b*^ 
•riUaaiHMUmJwv  nuMdIijrhfai  agafaMl  fch  fiwtiiwwt  «■< 
kfafdBB,  havtiv  hWy  ml  Pmt  Bilb  to  Hk  lUMr  «M* 
dU  oaataia  mIj  BaUer  of  nfclj  md  MMritf  to  tU  I^ri^HHI 
ud  kiagdnai,  rafcrrtof  tba  ampoMu*  of  all  ollMr  AMm^mam  to 
a  parMul  tmly  vhli  Uia  Uaj/mtj ;  and  Uriaf  i»^««4  m 
atoolal*  MflBtiv*.  do  boU  UmmoIvw  aUifvd  to  w»  tMr 
Btianal  nAmttmn  aptadilj  to  NitU  Ilia  pranal  fiWMMl  to 
■tab  a  way  aa  naj  Wtog  tfca  grwiaa*  aacvritir  to  tUa  htoftai 
ia  Iha  maipjmaA  oT  tk  lava  aad  libvtiaa  UMWof;  aa4  ia 
order  Ihanaato.  aad  thai  iJm  Uoaaa  nay  f«a«v»  ao  dihyi  aiw 
iatamptioiM  ia  aa  gcmX  aad  tmammij  a  warft.  tWy  hava  tohaa 
tbMB  rtaohttioca,  aad  paaaad  Ibaw  Tata,  vii. : 

1.  That  tha  Lmk  aad  Oammtm  do  •kvlan  that  Ihar  «tl 
awka  M  farUwr  aUff  ar  a{i|>Ucatiaaa  to  iha  IUb» 

1.  That  ao  applkatioa  ar  aJJrawta  ha  maim  to  iht  Kiaf  hy 
0^  parMa  wlatoaawt.  withaat  th*  laan  af  halh  BaaMa. 

3.  nal  tho  p«na  or  panoaa  titf  ahaU  aaha  hmah  aftUa 
onlw  ihaU  tsMT  tha  paaalliaa  of  hifh  traawa 

4.  T^t  tha  two  Haoaaa  dadan  iho;  will  ttmm  aa  vara 
aar  aMHBta  fran  the  Kiaf;  aad  du  aq^  thai  aa  | 
whatMonr  ia  paaaaa  to  raaaiva  ar  hriaf  aay  saHafi 
tha  Kfa^  to  hoU  ar  ahhar  aTtha  Haaaa  «t  rarlioMat. 
aar  othrr  pnaua. 


]  OrdinatKe  erecting  a  High  Court  of  Justice  357 


80.  The  Act'  kbectino  a  High  C'uiht  ok  Justice 
FOB.  Tii£  Kino's  Tsial. 

[1'hmiI  the  C'uuimoti*  Jai 
489.    S«* 

Whereas  it  is  iiotorious  that  Charles  Stuart,  (lie  now  King 
of  Engtiiiid,  not  content  with  the  many  eucioacbmeuts  which 
liis  predecesBCFTe  had  made  upon  the  people  in  their  rights 
DD<1  freidoui,  hatb  had  a  wicked  design  totally  to  subvert  the 
ancient  and  fundamental  laws  and  liberties  of  this  nation,  and 
in  tlieir  place  to  introduce  an  arbitrary  and  tyrannical  govem- 
inent,  and  that  besides  all  other  evil  ways  and  means  to  bring 
his  design  to  puss,  he  hatli  prosecuted  it  with  fire  and  s^'ord, 
levied  and  maintained  a  civil  war  in  the  land,  against  the  Parlia- 
ment and  kingdom;  whereby  this  country  liatli  been  uiisersblf 
wasted,  the  public  treasure  exhaasted,  trade  decayed,  thousands 
of  people  murdered,  aud  infinite  other  mischiefs  committed ;  for 
all  which  high  and  trfssonable  offences  the  said  Charles  Stuart 
might  long  since  have  justly  been  biought  to  exemplary  and 
condign  punishment ;  whereas  also  the  Parliament,  well  hoping 
that  the  restraint  and  imprisonment  of  his  person,  after  it  had 
pleased  Ood  to  deliver  him  into  their  hands,  would  have  quieted 
the  distempers  of  the  kingdom,  did  forbear  to  proceed  judicially 
against  him,  but  found,  by  sad  experience,  that  soch  their 
remiasuesG  served  only  to  encourage  him  and  his  accomplices 
in  the  contiiiuuuce  of  their  evil  practices,  and  in  raising  new 
cummotiuii^,  rebellions  and  invasions:  for  prevention  there- 
fore  of  the  like  or  greater  inconveniences,  aud  to  the  end  no 
Chief  OIGcer  or  Mogistrate  whatsoever  may  hereafter  presume, 
traitorously  and  maliciously,  to  imagine  or  contrive  the  enslaving 
or  destroying  of  the  English  nation,  and  to  expect  impunity 
for  »u  doing;  be  it  enacted  and  ordained  by  the  [Lords]  and 
(oniinoni  in  Parliament  assembled,  and  it  is  hereby  enacted 
and  ordained  by  the  authority  thereof,  that  the  Earls  of  Kent, 
Nottingham,  Pembroke,  Denbigh  aud  Mulgrave,  the  Lord  Grey 
of  Wark,  Lord  Chief  Justioe  Rolle  of  the  King's  Bench,  Lord 

'  Frum  henceforth  Ihe  Commuoi  gave  Um  name  uf '  Act '  to  an  Urdiuuw* 
which  had  puwd  their  Uoum  uoly. 


35h 


Cii$istttiitional  HiHumfuh 


i6«»-« 


<  ill!  .Iii«t:'i  M  .Ti'M.  n:  ihf-  <  '  i:iu.i'li  1  .•  a*  .it.ii  I^*:-l  <  :..•>? 
ri.i:iii  \\\iiti.  llii  1.  i<i  Kaiiliix.  Li' uti>x..tx.t  (iri.fr.tl  <>•:..»'.. 
tVi .  iii  ;iL  .I'll*.  I  ;,c  tliali  It  .ti.  !  ar*  h'tf'tv  .i|-|- ii.'«ii  ....: 
ii>,:..i«-ii  ti-  In  <  •  iii:i.i*-.i  n-ift  ni.ii  Ju-ii.*'  >  :•  I  il*  h*AriL*:  tr;i  .l«- 
..ii>l  ju>iL.'iii^'  ul  t>«  '-tiii  <  iiiirlt*-  S'  ;.iit;  nii«l  \Uk  »Aiii  \  •  l:.- 
iiii«M>'iivi»  i!  ;ii.\  tWiLtVLT  iii>  ii  <f  !?iiii.  »hall  I- .  a:  •!  Arv 
Kinl\  .lUt'.'l.M  I  .111  I  .il.«'?:t»trii  ill  \\.A\  l'««irt  ■•!  Ju*T:  t  Tc 
ii.nt  aii'i  Mt  ut  -u- it  iii.^tMt-it  !iiiir*i  .ti.  i  j^la^r  i&»  )>T  lix  ta^i 
< '••iiiiii.!t'ii'>i.<  I-,  i>i  Ti.'  ii..i'<'r  |mM.  ••!  t-At:.!\  i:  lui-rr  \}>\  tr.^s. 
11  .ill  I  tii-n  i  .1' <:•<  .u.i!  •^c.il".  fei.itl  1^  aj-i- ii.^rii  .lA  i.^  !i:.?i 
\\  pr<>t  i.iii.iif  •  :  M.  tilt  (rSi.it  l-:kl.  <>r  1  .i.  l^  •-■  Y.ti>i  if  \\*»t- 
:i.iii't'r.  iii.'i  t'  .1  :  ••iiL  ti>  !i  till. I*  t>>  t:nir.  x\A  U  ;..  y.x^r  •... 
]  !.ti«'  ;i»  ti.i  K  :«i  n.k'ii  *  •  >it  >r  'itir  :i'.i;'-r  yxi^  Ti.trc«t.  •! 
M.>i!i..j  *'i..kii  l.L'll  I'.r  all  i  t<  t..r.t  •  r  :t|-  t  i  thf  ci.ftri:iii«:  f 
l.i::.,  ti.*  ^«iil  i'i.ari««  Srii:iit  Htlh  t:.i  irim*»  m.*1  tri**.  :.■ 
.i:<<  \i  ii.i  i.t:i*i.<  •!.  .ii.i  1- I  rri(i\ii.k'  lii*  |-<-(ftui.Al  Ai.ivrr  '...^r«- 
:.l.t    .  .il.'i    !' r   I  \.i::.ii..i*.  i>  i.    I  I  %%:fiit--r»    U]"  ii    i^th  ^«(.i.h    tL« 

I  •  ji!  I.fi'.h  htTi  I  \  it.i!iiuiir\  t>  Ailin  iii!>t*-r  •  it  utlitrwiM  a^* 
T.iKii..'  ;iii\  I  ti.' 1  Collin*  •  I".  'I'liitM;  titf  b*:i.i  :  •:.<!  tiw-n  u(^  &. 
.  ii.  •:■  I.I.I.'  I-:  •>..!  ij  .ii.-  At  I .  ti>  ]  :•!  i-<  ti  t<  fii.Ai  M  ii!e  .ir  ace  •'.  i:  ([ 
:-  .  '  ■  ■  li  t!.«-  II.'  Ml  •  !  M.I  i.i:i-«-  .  a:.'1  h\i'\.  \iia\  m  i.tciiC*-  u. 
I  \' •  i»'t    i!  II.-'   t'l  U- f  \i-,  .••  •!.  ^jfcililv  ALii  :iii|  .krti.kll% 

\:.:    ' :  i'    ^l:-i    i'  m'     .      1.   :       .    a'!' I.   .i-c-l   Aiid    rr^juTf^   U 

•:■  .   .i)'i'  .:it     li.  »a>  i.  •<:!.  •:^,  .-%t'•■Ii-!al.*^    aiid  iffhr:    nr- 

.    .:..-•  .1.1  •  •  .II  !.  ■  .     ■:    ':.■    .i.,i     i    j  ai :  ■  1  '  Ji   :.»    ?!..%;i  I..  Jki.*    ^  :\ 

.  !^i     I. .'i!  •  ti-«  !i..    !•-.     tl.*     '  :   !•  :    ^    tki.  \    k***!    l:.  tl.Jfeji:  |2 

I-.  1     1:.    ::..«■    I.    ni    ljt:!!A\    t!tc    (ir:.rrA!     a:.ii 

'■•!       .1.  :•  I    t..         ...II.4I.  i    a».  :  .ti.  •  :^.^r:»   K>i 

ui  .1  ,i!!' . 'c- :    ^-'.P-.t     ii>    }.r:r'ri    au*.'.«.is  .»iii 

.i:    .   !•  ■, ...  I  .  !      I  ■    .1.  ■ :.  .•  a  .  !  .17-.  !  .:..*  ■     t     •..'i^  luai  ;  <  •   .::    in 

i\>    •.:.;■-•    ri-i'*    i.r.-..  .n:.Vi-tl   lu!      t'.cn.  . 

i:    ..    *  ;    '     .:    i:.;*    At    ;i..i   'l.i     .  .!:.   ji'-.    l.rMi'*    i:ia:.'.<i^i     .1^^ 


■  1. 


i:.  s   -. 


I  .    ■..-:    '  :    I 


.  1 . 


Agreement  of  the  PeopU 


8i.  The  Aoreement  of  the  People. 

[JkiiUKry  15  -.  \fi^\-     OIJ  Pulinmentary  HUtury,  xviil.  519.     &«6V<at 
Ciril  Jr,if,  iy.  19s.) 

.4n  Agrtentent  of  ihe  People  of  England,  and  tht  ptaeeg  there- 
with incorporated,  for  a  teeure  and  prtKitl  peact,  ujitm 
grounJn  of  eofitmoit  riglii,  fietdom  avd  tafeiy. 

Haviugj  hy  our  laK  l&bouN  aud  hazaitls,  made  it  appear 
to  the  world  ut  Uow  high  a  rate  we  valuu  our  jatt  freedom, 
aud  Ood  having  eo  far  owned  our  cause  as  to  deliver  the 
eueiuies  thereof  iuto  our  hands,  we  do  now  hold  ourselTM 
bound,  in  mutual  duty  to  each  other,  to  take  the  beat  care  we 
cun  for  the  future,  to  avoid  both  the  danger  of  returning  into 
a  slavish  conditioo  and  the  chargeable  remedy  of  another  war: 
for  as  it  cauDot  be  imagined  that  bo  many  of  our  countrymen 
would  Lbtc  opposed  us  in  this  quarrel  if  they  bad  understood 
tlieir  own  good,  so  may  we  hopefully  promise  to  ouTGelvM,  that 
when  our  common  rights  and  liberties  shall  be  cleared,  their 
endeavouru  will  be  disappointed  that  seek  to  make  themselves 
our  masters.  Since  therefore  our  former  oppressions  and  not- 
yet-ended  troubles  have  been  occasioned  either  by  want  of 
frequent  national  meetings  in  council,  or  by  the  undue  or 
unequal  constitution  thereof,  or  by  rendering  those  meetings 
ini^ffectual,  we  are  fully  agreed  and  resolved,  Ood  willing,  to 
provide,  that  hereafter  our  Representatives  be  neither  left  to  an 
uncertainty  for  times  nor  be  unequally  constituted,  nor  made 
useless  to  the  ends  for  which  they  are  intended.  In  order 
whereuuto  we  declare  and  agree. 

First,  that,  to  prevent  the  many  inconveniences  apparently 
nrising  from  the  long  continuance  of  the  same  persons  in 
lupreme  authority,  this  present  Parliament  end  and  dissolve 
upon,  or  before,  the  last  day  of  April,  1649. 

Secondly,  that  the  people  of  England  (being  at  this  day  very 


1647,  tec  Nu.  74.  It  is  here  printed  with  I 
in  jiresvDted  vo  the  Houte  of  Cumiuona  on  Jaaoiiry  ao.  The  pstition 
which  Mxoinpaiued  it  (Old  Pu-L  Hut.  iviii.  516)  was  dated  Juiuuy  ij, 
ikod  tliat  nuy  therefore  be  taken  u  the  date  when  the  Agrcemeot  received 
ihc  final  approbiiCiuD  of  the  Cuuncil  of  the  Officeis. 


A^ 


( '0H>t:tlttt09Utl    Pot HfHtniS 


[ift««  « 


ijiiri|iiHlly  ilipTrtliiitf  <i  )iy  miiiitirfr,  r  tifr.  mill  kt  •mukrh*  (•  r  th# 
I'lertmii  i!  tlirir  l>|'ri««f  itt  itive^ »  U«  n  «ii:lrreiifl\  jtf-.|orti'-f>*»i  . 
•nil,  t"  tliin  (i.il.  tljA*.  the  K«  ]'if«>  utati^r  <>f  \]  *  m\.- \e  rATi-rs 
><hall  oa.fipt  i>t'  4OO  i>«*in>i>.  nr  ii<<t  ;%UiVf  .  ainl  in  eAch  n.-ii:.:y. 
.Hill  tli'-  pl.ii'f-  tiiriito  Mi^j«niutl,  tl.rrf  -hil!  U*i!i<>«rn.  t>-  •sAAff 
ii|i  tlif   Kiitl    it-  pivAfiilAtilt    lit   a!!   tiiiii**.   tilt*  iw-^frAl   num^^rv 

liftr    Ilirl.tii>li>  ■)     vi.- 


KrM,  w  I  .    tt.i     I'    >•    <j).a.  l'.i«i.«,  \u>\    Tan*   r*   ihrmi.    *i  »|  *.   ■.' 

a*  arr  hrrv.r- ;•  r  I  .\rtir-i|:%ili   ;.«■..<  \  .  |; 

I    ■■■.f^r'  If  ^.  wilK  '},r  >i.r   rl4  »>ij    ii  ii^- ai*  •  I.i1«  rtirt  lhvr««>f  .  j 

L,  ,•  ,riir',  with  iKr  I'ar-.^^'-a  •  f  «  ha'^  A-ii  »d<I  >'.r>  u>l  l 

I  he  «  ■•.  /  .f  /'.  '  'i  ;n  K'  M  A-  -J  "*  .••#  1    1   f.  I»   *rr     |{<-ii.r  •  \     ll«l>.« 

(  !,.•  hrttiT      ...  i 

»  ■. I    n..fr   .  «.ili  ».}..    ••.il- .ri*  ai.-l  I.it«-r'.ii  t  l>-.*rr<  f 

""^    iMAmTON    (Nil,    lAitii    lilt     Kr<-  ,:^v   Ti«b*,   *:  1    i  m^.*  r« 

iKi  rt'iii,  riir|t  ■  .   h  M  AT     ]irrr  .11  ;•  r  i.jiii:rii  * 

Hi    .-^'j'*  r .  u:h  tt.i   *«    '     rU  HI  i  I. '«r!in  thrrr«  f 
>.   .f\.  ■■•/'(«  I    ii'iT'f  jii.  t  '.L'   *■    .fi".»  '.i.tr-if  ; 

l>-  l.«rT"HIh» ,  »  .'h  '.).■    T-  :      .^'h*.    I».*.b:.<!   I  »r.iLri  ti.vffffiB   *tr«f« 

I'-r-  i.i«it«  r  .  7 

/•  r,-4,,'.  I 

l>r\    ^'»-l  '...r.  M  Vi    till    l-r     ..  '■•     I<  »i.*    a:,  i    l'an*Kra  ihcrv^D.  vatv^t 

•      :.  »a  Afv  i.i«;>     •   |#r  |  >r'.     '.iar.^  1     1.  i-i  ;j 

A  r-  'r  ■  .  « 

/  ..     •••  * 

/•■■■..'•  1 

(  ■      v»  «LI     It.'.'   '.:.'    \-T^  'ipTl.*.   1     4:t.  a:,  i  1  ^riih  «  tL*r*.:.  * 


/    1  • 

; ...        / .  • 

\\   :  T-ii>.».  \*  ■•    I'  •    I 


» r  •  A     •  1 


.:•.    I     A  I.I     ki   1    r.«r  •}.•«  '.Lw.ii    •!  'Tt 


;   •   I   : 


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.  :.•.    I     ti.'    a:;!    rArt*'r,r«  t.'«-rM'.  vi^v^i 


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4 

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1648-9]  Agreement  of  the  People  361 

UlBTFOIDaaiBE/ with  Iho  Borou|{tii,  Towub,  knd  Puiihct  thorein  6 

BucKnroBAHaHtM:,  with  Ui«  Boroughi,  Tawna,  and  Pariihe*  therein   .      6 
OxroBDamui,  with  tba  BorDu^hi,  Towaa,  Mid  PuH<hH  thereiD.eicept 
■nch  u  Kre  hereunder  luinieil        .... 

Oxford  Villi 

0^f0Td  UniieTritii 

Glol'cutuiskihi,  with  UiD  BoroDghi,  Townii,  and  Puiibn  thereio, 

except  (iloucescer 

(ilotieeMT  

HERiroBDSHisi,  with  the  Dorougbi,  Town*,  nnd   Puiibn  tbweiD, 

i:icept  HiTefjrd 

llei\/ord 

WoBOiSTiBSHna.  with  the  liurou);b>,  Towiu,  and  Puiahei  Iheraiu, 
eicept  Worcester 

"a* 


NciRTHAMl^dNsHlRl,  with  the  Boroujjhi,  Townn,  and  Pariihee  thernn, 
eiuepl  Northuuplon     ...--,... 

Xorlkomiiion 

BEUPORDStliKE,  with  tie  Bu[au),'liB,  TuwDi,  >ud  Pariibei  thfreiu 
CjkUBHliiOESHllil:,  with  the  Borouglu.  Town*,  and  Pariihea  therein, 
tic<.-|it  tucli  M  are  hereunder  particularly  iiame<l .... 

Cinnhriilgt  I'liittriitg 

Cuml'riitge  Tuuiit 

Eiisii,   witli   the   Boiouuh*,   Towni,   and    Patiibe*  therein,  escept 

Cnlche«ler 

Colcitilfr 


Ip-mcl, 

SI.  E,liHUH,r>  B.„y 

NuHfuLi,  with  the  Iterouglii,  I'owna,  and  Puriifae*  tber«ii,  except 

HUrh  ai  are  hereunder  uanied 

Kvruich 

i.V- 

Yarmoulk 

LiNCuL.KBHiHi,   uith   the   Boroughi,  Tawnt,  and   Pambe*   thtidD, 
except  the  City  of  lincolD  and  the  Town  of  Beaton 


nith  the  BotdukIu,  Tuwni,  and  Pariihei  thet^n 

ii:.  uith  the  fiorought,  Towni,  and  Parliliei  thaiciD  . 

,  with  the  Boroughi,  Tuwni,  and  Pariihe*  theran. 


Jtu 


ron>titHtwHiU  DiKumenh 


:i«a  f 


N<  I  .iMiii  iMiiii  i4».w.:l.  ;.  r   I -r- •■.,.(.■,  l-i«  LA,  Af..l  rartabc* 

A  I  f/i  ■.  ;^iit*i 

/..    •>    ■ 

M*tli  :  :  iiNii^a:.  v«.ir.  \\..  i  ::y  "i  l.i>  :.r.   l<t.  tL«   T  r-  ^»-t«*.  T   abft.  ftb : 
Tari'.  t  ^  ihin  in    .  . 

^iii.-'i-Mii.iiK.  «it}.  ;i  •    I-  r"-.p.L<,  'I    am,  ^u-i  r*ntti«  tA.«r«.b,  «  &^#;« 

i  iii-^ii'-hl;,  w.-.:.  il.*-  1    I    ..L-.  'I-  »!.•    a:.>i    I'ar  ■..•  ■  u.«:i....  fi^*  ■ 

1  A'     \-<ii;>ii,  w.i!.  '.f.«    I'- P' !.;:.■,   Iwi.R,  »&-l  I'Ar-.i' ts  liiCMu;,  «&-•  i  v 
Mji:  %  :.i  *!•  r  . 
1/     ..K^t'tr   .  .  •  t\*  I  .     *\ 

\-   i.h:«Hlhl.   «:t(,    li,«     I  .-ii  .ik'Ii*.  T>i«I**     Ah<l    rftflRbCt   iLcrciD.    I  ft.' 
•  ■■•'h  Mi  .III:  I  I  Tr.\.\rT  n.i:..^«l 
)      i  •  r J  «j'.  f"  n^  •..•••■.  ri-'^  '    . 

i  fw,  ■   I .  I-  -.   ,        /'      I .   . 
l'il.iivM(.      -.IT    I'ji:  AliM  .  w  ':■  *...*    I'r     ..:.•.  1  'Mr  •,  m^.!  |'Ar;i£.  « 


• 


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•  I   ■    '      ..'.*'..'■    :  •  : ■    .      ■  :      *..•■' 

Nru--         •■  /        .■       .    .         t      ■*■•*■  .     f'..     ••/      <•  t'4     'f    .-•»*•    '♦ 

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\  ^    :  .  '•I  I .  M  .   :.  •    r&r:e:  •  •  t-.^i* .:. 

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'■■Ah*         ••    vA  *    »  •••■         >  I 


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i<48-9]  Agreement  of  the  People  363 

MiBio.MTH,  with  the  Boioughj  and  Puiihes  theiciD.        ...  a 

Mo.NTGOUEBt,  wilL  ibe  Boroueha  ftod  Funatae*  tharein        ...  3 

R*DNU&,  with  tlie  Boruughi  uiJ  I'ariihe*  thereiQ       ....  1 

PxuB&OKl,  with  tbe  Borou);b*,  Town*,  Mid  Fkriihei  theceiD  4 

Provided,  that  the  first  or  SMoud  Bepreaeiilutive  may,  if 
they  Bee  csuse,  assign  tbe  remaiuder  of  ihe  400  represeaters, 
uot  hei-eby  asaigned,  or  so  mnny  of  them  as  they  shall  see 
cause  for.  uuto  such  counties  a«  ihall  appear  in  this  present 
di).tril)utiun  to  have  less  tliau  their  dae  proportion.  ProTlded 
(tUu,  that  where  any  city  or  borough,  to  which  one  representer 
or  more  is  aasigned,  shall  be  found  id  a  due  pro[)ortiou  not 
competent  alone  to  elect  a  representer,  or  the  number  of 
leprcseuters  assigned  thereto,  it  is  left  to  future  Kepresenta- 
tives  to  assign  such  a  number  of  paiisliea  ur  Tillages  neu 
adjoining  to  such  city  or  borough,  to  be  joined  therewith  iu 
the  elections,  or  m&y  ma1<e  the  same  proportionable. 

Thirdly.  That  the  people  do,  of  course,  choose  themielvei 
a  liepreseutdtive  once  in  two  years,  and  shall  meet  for  tluit 
jiuipose  u]>oii  the  fii'sC  Thursday  in  every  sevoud  Uay,  by 
eleven  in  the  moiuiug;  and  the  Representatives  so  cbosea 
to  meet  upon  tlie  second  Thursday  in  the  June  following,  at 
the  usual  plaie  iu  Westminster,  or  such  other  pUoe  as,  by  the 
foregoing  Kepreaentative,  or  the  Council  of  Stat«  in  the  in- 
terval, shall  I>e,  fiom  time  to  time,  apj>ointed  uid  published 
to  tbe  j>eople,  at  the  least  twenty  days  before  the  time  of 
election:  and  to  continue  their  sesaioni  tbeii!,  or  elsewhere, 
until  the  Bvcoud  Thursday  in  December  following,  unless  they 
shall  adjourn  or  dissolve  themselves  soouer;  but  not  to  con- 
tinue luugei'.  The  election  of  tbe  first  Representatire  to  be 
on  tbu  first  Thursday  in  May,  1649;  and  that,  and  all  future 
(lections,  to  be  according  to  tbe  rules  prescribed  for  tbe  same 
purpose  in  this  Agreement,  viz.  i.  That  the  electors  in  every 
division  shall  be  natives  or  denizens  of  England ;  not  persona 
receiving  alms,  but  such  as  are  assessed  ordinarily  towards  the 
i-elief  of  the  poor ;  no  servants  to,  and  receiving  vagea  from, 
nuy  particular  jiersou;  and  in  all  elections,  except  for  tbe 
Universities,  they  shall  be  men  of  twenty-one  years  of  age,  or 
upwards,  aud  houMkeepere,  dwelling  within  the  division  Jior 


ComtHtutiomai  liocumtHti 


1 


whidtlliailntioB  ■■:  pmviikil.llwt  («BtU  tK«  tn4«l  Mwa  yMM 
Mzt  auuiiig  lb*  tinw  UrtiD  tiutod  for  lb*  «ad  «f  Vkm 
praMBt  pBtUuiMil)  M  parvw  lUU  bt  ateiUBl  1^  ar  hwM 
■ajr  kM^  or  vmot  in,  rack  ■lirtio— ,  vim  hotfi  wAmnA  m^m 
ur  aairtcd  tba  Kinf  igkiiMl  tka  Pwl^trt  te  aBy  •(  ite 
kta  wui  v  iaMtTTMtioM ;  or  «ba  ■hall  nalw  ar  )m«  w.  « 
abit,  ui7  fardbk  oppoMlioa  ifMul  thi*  AfiwiMM.  t-  Aat 
■wh  pmom,  wri  taA  0BI7.  u^  W  *krta4  to  U  i«  lb 
BipwwtoHti.  ate,  b^  dw  r«k  aloivMid,  an  to  h«««  wraa 
ia  alMllau  im  om  plm  or  <MWr.  Pmiifa^  tkat  of  Omb 
BOW  d»n  be  alifffUa  (or  U>«  ftnl  «r  tatvnd  BefnwMttm 
«be  bm  not  mtmUriljr  Mwrtid  tba  FufiBSMt  afkbM  lb* 
Kin^  olbar  in  panan  bdara  tb*  ulb  of  J«m,  164^  «r  ate 
in  aooajr,  plato,  bona,  or  arviiL  IvBt  ipen  tba  PtopHitiiai^ 
biAira  tba  ttoa  «t  May,  1643;  ar  wba  ban  JoU  iiw  v 
kballad,  tba  iraaaooaU*  ragagmart  in  LoMlaa.  n  1*47 ;  « 
wbo  dackred  or  Mifaftd  tbaaitlTM  far  •  mmmH^  af  «■• 
wHb  tba  State  tbirt  bmAtA  tUa  mIm  tba  brt  aunaat ,  «r 
fbr  CMBpHMw  witb  tba  aetota  in  an;  inanrrartJana  af  tba  ■■• 
wmmmm:  ar  witb  tba  Piiaca  of  WaU,  ar  bU  iiiwii|iKii^^ 
tba  nralled  ImL  Ptwridad  aba,  tbat  raeb  pmoM  m.  by  lb* 
ralM  in  tba  pr«a«liBg  Aiticl*.  ara  not  nifnbb  of  itMtiif  Mril 
tba  and   of  Mvan   jraara,  lAall  net  ba  caynUa  to   b*  alaatoi 


ani  raafnwid  it  to  ali  mu.  tM.  in  all  tito 
ba  ibinBi  Cor  Ibia  graat  tiwl  hmj  b«  mm  o(  cou^t,  ftarinj 
0«l  and  hating  WTttonMUM ;  and  tbat  oir  tlniiiiMliiiiw 
MwU  toaba  tba  ItmA  rtvrtiioni  bv  tbat  cod  j  n^t  «W- 
•far,  bjr  tba  ndaa  in  iba  twa  prawJiag  Anklaa.  an  iiirii|ibli 
of  Jtoling.  or  to  baalwM,  aball  ynmmt  to  «oU  n.  ar  b» 
pWMtt  at,  Midi  dMiiaa  fcr  Iba  ftral  or  aaoMa  BnwtoHii; 
or,  balng  ilmii,  aball  ftmtmm  to  at  or  vato  in  oiibOT  of  Ife 
■U  Bi|iiwii<ili>w.  abd  Imv  ib>  |«in  of  a.Mfc.nifcM  «| 
tba  tootaty  of  bia  aatata.  to  tba  mm  of  (ba  fMkt,  im  c^  ha 
b>M  anf  Tiiiblr  Mtata  to  tbr  nbw  of  ^50.  and  if  ba  Ua  Ht 
•Mb  an  aMaU.  ibra  aball  lanu  li«  pain  of  iB|iiiiiBiiil  te 
tbm  BaMba.  And  U  anj  ptim  AaU  iMaiyy  |j 
■wknt  ot  bin4»  tba  paofja,  «a|»Ui  if  iliiting  m  afcn^^ 
ia  tbacr  ^ vial  nnd  fcM  alaetiw  of  iiyr wining  far  tba  fc« 


1648-9]  Agreement  of  the  People  365 

Represent  fit  ive.  then  each  person  so  ofiending  ihall  incur  the 
penalty  of  uiiifiscation  of  his  whole  estate,  both  real  and 
personal ;  and,  if  lie  has  not  sn  estate  to  the  ralue  of  £50, 
shall  Huffer  imprisonment  during  one  whole  year  without  bail 
or  mninprize.  Provided,  that  the  offender  in  each  such  case 
b«  convicted  within  tliree  months  next  after  the  committing 
of  his  offence,  and  the  first  liepresentative  is  to  make  further 
provision  for  the  avoiding  of  these  evils  in  future  elections. 
4.  That  to  the  end  all  officers  of  state  may  be  certninly  account- 
able,  and  no  faction  made  to  maintain  corrupt  interests,  no 
member  of  a  Council  of  State,  nor  any  offlcer  of  any  salary- 
forces  in  army  or  garrison,  nor  any  treasurer  or  receiver  of 
public  money,  shall,  while  such,  be  elected  to  be  of  a  Bepre- 
tentative;  and  in  caee  any  such  election  shall  be,  the  same 
to  be  void.  And  in  case  aoy  lawyer  ahall  be  chosen  into  any 
Representative  or  Council  of  State,  then  he  shall  he  incapable 
of  pi-actice  as  a  lawyer  during  that  truit.  £.  For  the  more 
convenient  election  of  Representatives,  each  county,  wherein 
more  than  three  representers  are  to  be  chosen,  with  the  town 
corporate  and  cities,  if  there  be  any,  lying  within  the  compass 
thereof,  to  which  no  representers  are  herein  assigned,  shall  be 
divided  by  a  due  proportion  into  so  many,  and  such  parts,  as 
each  part  may  elect  two,  and  no  part  above  three  representera. 
For  the  setting  forth  of  which  divisions,  and  the  ascertaining 
of  other  circumstances  hereafter  expressed,  so  as  to  make  the 
elections  less  subject  to  confusion  or  mistake,  in  order  to  the 
next  Representative,  Thomas  Lord  Qrey  of  Groby,  Sir  John 
Danvere,  Sir  Henry  Holcroft,  knights;  Ifoses  Wall,  gentle- 
man; Samuel  Uoyer,  John  Langley,  Wm.  Hawkins,  Abraham 
Babington,  Daniel  Taylor,  Hark  Hilsl^,  Rd.  Price,  and 
Col.  John  White,  citizens  of  London,  or  any  five  or  man  of 
them,  are  intrusted  to  nominata  and  appoint,  under  their  hands 
and  seals,  three  or  more  fit  persons  in  each  otmxXj,  and  in 
each  city  and  borough,  to  wHch  one  representer  or  mors  is 
assigued.  to  be  as  Commissioners  for  the  ends  aforesaid,  in  the 
respective  counties,  cities  and  boroughs;  and,  by  like  writing 
under  their  hands  and  seals,  shall  certify  into  the  Parliament 
Records,  before  the  nth  of  February  nest,  the  names  of  th* 
ComniBsiouer*  so  appointed  for  the  respeotivs  counties,  oitiei 


S66 


f  09i^fifrtf!'*9i'i/    /)  runi^ut^ 


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rrii  li      KuuJri-i.     I:»'li         ■•      **.i|M-:i*  »k«'.     wi'hi:.     t'.r     r- -j*   •:^r 

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llii-  A jri.  !iif:.t.  *y  •.•   \-r*  -n*   fo   ]»•  t-n-p!  •\^1   ?    r  fhjll    J^-ifj*-* 
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•■..■•  "i.-       ■  » 

■  .  ••   V     :  I*  :«■  VI  ••  • 


\   ^    •■!    •*     I!  •     .:  •     I  i::  ^K'-TTj  rt«|*fc  !:Tr*i 


"  r  I       •    Ai  r;.    :  ri»  :      %Ti\ 

•    •■        ,  I-    .     •..    ■•-     p-:>      %f«4    ;„ 


16^8-9]  Agreement  of  Ihe  People  367 

fipectivelj;  and  ohall  in  ever;  such  pnrUh  likewise  nominats 
and  appoint,  by  warrant  unrler  their  hftDda  and  msIb,  one 
trusty  person,  or  more,  inhabiting  therein,  to  make  a  true 
list  of  alt  the  persons  within  their  rMpectire  pariabea.  who, 
according  to  the  mlea  aforegoing,  are  to  have  voice  in  the 
electioiiH ;  and  expressing  who  amongst  them  are,  by  the  same 
rules,  capable  of  being  elected;  and  such  list,  wiUt  the  said 
warrant,  to  bring  in  and  return,  at  the  time  and  place  of 
clpction,  unio  the  person  Appointed  in  the  nature  of  Sheriff, 
as  aforesaid,  for  that  borough,  city,  county  or  diTision  re- 
spectively ;  which  person  bo  appointed  ob  Sheriff,  being  present 
at  the  time  and  place  of  election ;  or,  in  case  of  his  ahsence,  by 
the  space  of  one  hour  after  the  time  limited  for  the  peoples' 
mteting,  then  any  perMin  present  that  is  eligible,  as  aforesaid, 
whom  the  people  then  and  there  assembled  shall  choose  for 
that  end,  shall  receive  and  keep  the  said  lists  and  admit  the 
per!>onB  therein  contained,  or  so  many  of  them  as  are  prMeut, 
unto  a  free  vote  in  the  raid  election ;  and,  having  first  caused 
this  Ajrreement  to  be  publicly  read  in  the  audience  of  the 
people.  f\\s.\\  proceed  unto,  and  regulate  and  keep  peftce  and 
order  in  the  elections;  and,  by  poll  or  otherwise,  openly 
ilistinguiah  and  judge  of  the  same ;  and  thereof,  by  certificate 
or  writing  under  the  hands  and  seals  of  himself,  ftud  six  or 
more  of  the  electoi's.  nominating  the  person  or  persons  duly 
elected,  shall  make  n  true  return  into  the  Farlinment  Records 
within  twenty-ore  days  after  the  election,  under  pain  for 
defniilt  thereof,  or,  for  making  any  false  return,  to  forfeit 
£100  to  the  public  use;  and  also  cause  indentorea  to  he 
made,  and  unchangeably  scale*!  and  delivered,  between  himself 
and  six  or  more  of  the  said  electors,  on  the  one  part,  and  the 
persons,  or  each  person,  elected  severally,  on  the  other  part, 
expressing  their  election  of  him  a*  a  represenler  of  them 
according  to  this  Agreement,  and  his  acceptance  of  that  truat. 
and  his  promise  accordingly  to  perform  the  same  with  bith- 
fulneFB,  to  ihe  best  of  his  nnderatanding  and  ability,  for  the 
glory  of  God  and  good  of  the  people.  This  conrw  is  to  bold  for 
the  first  Representative,  which  is  to  provide  for  the  ascertaining 
of  these  circumstances  in  ortler  to  future  Representatives. 
Fourthly.     That  150  memhers   at  least  be  always  present 


3M 


CoHshtuHoial  Doemmmla 


in  Mch  nttiMf  «l  tU  lUptMnrtatin.  at  Um  piwim  vT  Mf 
Uw  or  dniif  of  kaj  ad  triwrabjr  Uw  paofl*  v*  to  W  i«B<; 
Mving,  tint  Um  niiBlMr  of  tixtj  hmj   nab   «    [!««■  Iv 


I 


rifthlf.  TkU  tb«  RcfWMralaliTC  ^U,  viiUa  ta^r 
■li>7B  aftw  Uuir  flnt  mM«ii«  afpauil  •  CnuMil  oT  BM*  te^ 
tke  MwgiBg  of  paMitt  UUn,  uUI  iW  tmtk  4af  Utm  *km 
■watiBf  of  Ibi  Mxt  ttaprMMtoUv*.  anlMi  lUt  aol  8»p» 
•raWin  lluak  fli  to  p«l  u  end  to  Uut  traM  mht.  Ami 
thm  MBM  Covnctl  to  act  and  pwnitd  ibwiB.  leaw^iag  to  mA 
iMtrwiiioM  *»d  liBttatiotH  m  th'  lUpnHMalhw  ikaB  flha. 

ainkly.  TlM  u  Mcfc  iM«ml  faatwMn  Wwwial  bfraM- 
tatlvw,  tW  OhmU  of  StoH  ia  mm  af  ii«liiit  4Mflv  av 
astraaa  MaitoUjr,  MNijr  mmmh  a  ITapWiitoliti  to  W  ftrffe* 
vHb  BJiaM.  aai  to  ••<«;  »  m  tha  Saariaa  Ihwrf  awti— 
Mk  Bt>«T«  aii^j  ^r*:  and  n  aa  it  dkaoln  al  laat  ft% 
dafi  Ufata  (bt  afipaiatod  tiaa  far  tW  nast  htaa«U  BafM- 
aaatati**:  and  opoa  tha  UUatk  day  m  faiiiiiiai  it  ^ 
Anaha  af  aawaa.  If  oat  atWwiaa  aiwlnd  aaaMr. 

SviartklT.  TWt  na  «aaWr  of  aoj  Bii— tMiw  W 
■ada  iilhar  raeaiwr.  InaMinr,  or  atbir  aAoar,  dnhaf  that 
•aflarMnt,  nviag  to  ba  a  Mmbs  of  tha  OawsU  ^  Stoto, 

Bi^Oiy.  That  tfaa  Bapnaaatotiraa  kun,  mi  ahd  W 
oalantoad  to  harc,  tba  aaipvM  tnrt  te  aniar  to  tk*  fa^ 
■anstioa  and  gwaratirt  af  tk«  wlMb;  aal  tte  ttair  ftmm 


«r  panoaa,  to  tlw  ara«Ua«  and  ahellaliif  ef  Oauto  of  Jaatas 
aad  paUa  oAom,  aad  to  tha  aaartag.  altotiag,  riflin  aa^ 
.    .•■  ^    ,.  ...   .y    .      ...J  -J       -  riij 

ail  aatoral  ardril  tUngt,  to*  w*  BMBiiai^  thi^i  ay IrilMt  m 
wn^MtmL  Pnmdad  t^  aras  to  tUiV  »t««l  »' m^ 
tfcaaa  aia  puttoalan  aaxt  fclloviag  wa.  and  d»n  ba^  ««iM»' 
■toad  to  ba  antpud  aari  miinii  lam  oa  BapniMtoliaifc 
vi*.  t.  Wa  do  BOl  ito paww  thtoi  to  itopna  «r  aoaatnia  aqy 
paraaa  to  wr*  ia  fataifs  var,  alitor  1^  aaa  ar  laad,  ht  tm 
any  toUitoiy  Mrrito  wtUna  Um  kiafdBi ;  rnn  tkal  tWj  m^ 


faafl*  b  •  MiUtoiy  ««]r,  to  W  a  raadiaa*  faa  laMiing  rf 


1648-9}  Agreement  of  the  People  369 

foreign  iuvacioag,  BuppretaiDg  of  luddeu  iniurrectiona,  or  for 
awiBtiog  in  execution  of  the  laws ;  snd  maj  take  order  for  the 
employing  ftod  conductiDg  of  them  for  those  endi;  prorided, 
that,  even  io  such  case*,  none  be  compellable  to  go  out  of  the 
county  he  lives  in,  if  he  procure  another  to  serve  in  hit  room. 
z.  That,  after  the  time  herein  limited  for  the  commencement 
of  the  firit  Repreientative,  none  of  the  people  may  be  at  any 
time  questioned  for  any  thing  said  or  done  in  relation  to  the 
late  wars  or  public  difl'erencea,  otherwise  than  in  execution  or 
pursuance  of  the  determinations  of  the  present  House  of  Commona, 
against  such  as  have  adhered  to  the  King,  or  his  int«rest,  against 
the  people ;  Hud  saving  that  accomptants  for  publio  moneys 
received,  shall  remain  accountable  for  the  same.  3.  That  no 
Becurities  given,  or  to  be  given,  by  the  public  faith  of  the  nation, 
nor  any  engagements  of  the  publio  faith  for  satisfaction  of  debtx 
and  damages,  shall  be  made  void  or  invalid  by  the  next  or  any 
future  Kepresentatives ;  excej>t  to  lach  crMlitors  as  have,  or 
Hhall  have,  justly  forfeited  the  same:  and  saving,  that  the 
next  Bcpreecntative  may  confirm  or  make  null,  in  part  or  in 
whole,  all  gifts  of  lands,  moneys,  offices,  or  otherwiea,  made 
by  the  present  Parliament  to  any  member  or  attendant  of 
either  House.  4.  That,  in  any  laws  hereafter  to  be  made,  no 
person,  by  virtue  of  any  tenure,  grant,  charter,  patent,  degree 
or  birth,  shall  be  privileged  from  subjection  thereto,  or  from 
being  bound  thereby,  as  well  u  others,  5.  That  the  Repre- 
sentative may  not  give  judgment  upon  any  man't  person  or 
estate,  where  no  law  hath  before  provided ;  save  only  in 
calling  to  account  and  punishing  public  officers  for  abuaiog 
or  failing  in  their  trust.  6,  That  no  Bepresentative  may  in 
any  wise  render  up,  or  give,  or  t»ke  away,  any  of  the  fi>and»r 
tioDs  of  common  right,  liberty,  and  safety  contained  in  this 
Agreement,  nor  level  men's  estates,  destroy  property,  or  make  all 
things  common ;  and  that,  in  all  matters  of  such  fimdamentkl 
concernment,  thei-e  shall  be  »  liberty  to  particular  member* 
of  the  raid  Representatives  to  enter  their  dissente  from  the 
major  vote. 

Ninthly.      Concerning  religion,   we   agree   as   followetb  :— 

I.  It  is  intended  that  the  Chriatian  Religion  be  held  forth 

and  recommended  as  the  publio   profeasion  in  this  nation, 

sb 


1 


yjo  CoHStttutionai  Deatmenh 

wUeb  m  desm  m».j.  \>j  lb-  fnm  wl  Owl,  b*  i 
ikf  gwtiit  puritjr  ia  doctriM,  wonUp  aai  Jiiiiplnii 
■iff  to  tW  Word  of  Ood :  tha  iti«Uiielia«  tW  p*^  tJ 
IB  %  fMit  mj.  w  h  W  M(  n^akin;  aa  *ln  II 
yW^  of  aUt  UhUh  for  Ifcat  «»i,  Bad  fa  llM  ■ 
dhwirntlug  <rf  Iwtct7,  cnvr,  ud  winlnvm  b  mail 
doatruM,  U  aUowad  la  b«  pmMad  for  tiy  atn-  Sip 
th»  BMistaiianM  of  wU«li  taarh»w  aajr  bi  ml  of  a  | 
tnaatry.  and,  »■  lUiN.  not  bjr  Ulbat:  pr»fid«d,  llal  ff^yr 
•r  PnUcj  b*  Dot  hald  facdi  ai  tba  pablk  way  w  pndHM 
ia  tliia  nalJoa.     i.  Tkat,  la  Ihi  paUic  [wrffMipn  W  ImII  fcrtk, 
DMM  be  ctwqicllid  by  prwOtka  «  uUwnrla*;  tat  calf  aaj 
ba  Mdcaniwtad  to  ba  WM  bjr  Muid  daBtrisa,  aad  Ibr  aamfk 
of  B  gind  ooovanalkM.    |.  Ttrt  mA  aa  profc»  fartb  »  OaJ 
hr  Jaam  ChrM.  bawarar  diArt^  ia  JadgMol  Inw  tba  Aw- 
trioa.  wanlup  or  diadpUaa  paUicly  Md  lorlh.  aa  tt&ntmL 
abaU  BM  ba  mtMinad  ftoM.  bat  thtU  W  palocMd  bi.  iba 
HafMiwi  of  tbair  bitfc  aad  nwite  af  ralifiaa.  iiiMidi^ 
to  tbair  nnBadaaBU,  fai  aay  plaea  taeayi  aaib  aa  thall  ha  mm 
■|wit  tor  Uh  iwbUe  wonUp ;  vhm  «v  pravUa  aal  far  Atm, 
mUm  Umt  Iwn  Iwrr,  an  ••  iba;  abaaa  bo*  tUa  Ubaciy  to  Oa 
«M1  ii^atj  of  olban,  or  lo  actaal  dtttarfaaaea  af  tba  fahfc 
paaaa  db  tbw  parU.    WwattbalM^  it  ia  mM  iataad^  to  ba 
banby  pcarblad.  tbat  tbk  Ubarty  ibal  nac^arilr  «l«l  to 
Ptop«T  or  Pnlaa^.    4.  Tbal  all  Uw%  Bwftaaiiiw>  atatatoa.  aat 
ohwaa  ia  any  law,  atotaiah  or  anBaaaoa  to  tba  tmtntf  «f  ibe 

■  libartj  btnU  pnaiMad  fcr.  ia  tba  twn  paitioMlan  aact  pwtaiff 

oamautita%  nUgioa,  ba.  aad  ara  brrvby,  rapaalad  aad  aa^  miL 
Ttetblj.  It  ia  afiaad,  Ibat  wboaoavat  aUD.  by  fcm  al 
anna,  naial  tba  ordan  of  tba  ant  or  aay  IMaia  HiprMoaialiii 
(oarfrt  ia  oaaa  vban  lacb  Ki|iitiiatoUta  ibaU  iTidw<ti 
r«iid«r  op,  or  givt,  or  taba  away  tba  faaaitilhwa  «f  a^^HB 
rifht.  libtr^.  ud  oafBty,  eoatoiaod  b  tUa  IffwMat),  ta 
•bdl  Iwlbwitb,  afin  faU  ar  tboJr  aaab  naMaaw.  Iw  lb 
lianctt  aud  fntactiaB  «f  tba  law*,  aad  ^dl  ba  pwiiabaUa  wilfc 
daatb,  aa  aa  mtmtj  aad  trailar  la  tba  aatioa-    Of  tba  ibi—     | 

LMfiaaiJtatbhAgiiwial:  tba  eartaia  «a«aff  af  lUi  A^HH 
Mat.  ai  ia  tba  tnt  AHiabi  tba  atsl  ar  FfMtli^^^H 
dinribatiaa  af  tbt  aatobar  af  tba  lafMMtaaa  to  W  ^j^^^H 


i64B-9^  The  Charge  against  Hte  King  371 

kB  in  the  second  :  the  certAinl  j  of  th«  people's  meeting  to  elect 
for  Representative?  biennial,  and  their  free<tom  in  elections; 
with  tl:e  certainty  of  meeting,  sitting  &nd  endiug  of  Repre* 
seutativea  so  elected,  which  are  provided  for  in  the  third 
Article ;  as  also  the  qualifications  of  peraoDB  to  elect  or  be 
elected^as  in  the  first  and  second  particulars  under  the  third 
Article ;  alio  the  certainty  of  a  number  for  paasiog  a  law  or 
preparatory  debates,  ptovided  for  in  the  fourth  Article ;  the 
matter  of  the  fifth  Article,  concerning  the  Council  of  Slate, 
and  of  the  sixth,  concerning  the  calling,  sitting  and  ending  of 
Representatives  extraordinary ;  also  the  power  of  RepreseDtatives 
to  be,  as  in  the  eighth  Article,  and  limited,  as  in  the  six 
reserves  next  following  the  same :  likewise  the  second  and  third 
Particulars  under  the  ninth  Article  concerning  religion,  and 
the  whole  matter  of  the  tenth  Article  ;  all  these  we  do  acconnt 
and  declare  to  be  fundamental  to  our  common  right,  liberty, 
and  safety :  and  therefore  do  both  agree  thereunto,  and  resolve 
to  maintain  the  same,  as  Ood  sbsll  enable  as.  The  reat  of  the 
matters  in  this  Agreement  we  account  to  be  nseful  and  good 
for  the  public ;  ond  the  particular  ciroumatances  of  numbers, 
times,  and  places,  expressed  in  the  several  Articles,  we  account 
not  fundamental ;  but  we  find  them  necessary  to  be  here 
determined,  for  the  making  the  Agreement  certain  and  prac- 
ticable, and  do  hold  these  most  convenient  that  are  here  set 
down  :  and  therefore  do  positively  agree  thereunto.  By  the 
appointment  of  his  Excellency  the  Lord-General  and  his  General 
Council  of  Officers. 

John  Rubhwoktb,  Sec 


82.  Thk  Chaboe  agaikst  tb>  Kino. 

[Jmiiittrv  10.  ]6it.     Rnihworth,  ril  1396.     Mt«  OrM<  CMI  Wnr, 

it.  199.1 
That  the  said  Charles  Stnart,  being  admitted  King  of  Eng- 
land, and  therein  trusted  with  a  limited  power  to  govern  by 
and  according  to  the  laws  of  the  land,  and  not  otherwise;  and 
by  his  trust,  oath,  and  office,  being  obliged  to  use  the  power 
committed  to  him  for  the  good  and  benefit  of  the  people,  and 
nbt 


37» 


CtmstitHium^ 


:  7«.i 


for  tb*  prtMrnUon  of  tfcwr  rigfata  ud  liWrtk* ; 
UhIim.  ovt  of  ft  vickad  Jwign  lo  M«*t  mmI  upbeU  n  himmM 
Ma  mnlinited  tad  (jmuicKl  powtr  to  nik  ■iiniJim  tm  hm 
will.  umI  to  onrtluvw  Um  rifbli  a«d  Ubwtf«  c(  tW  paifia, 
;m,  to  lAk-  Hvajr  ud  aak*  Toid  tba  ftwiMfaliiMa  thiii^  cai 
ot  til  minm  ud  rmadjr  of  nugownaMM.  wUek,hr  (^ 
haJaamtol  sDiMliuiiMu  <4  Uuh  UagdMs  wot*  nwiirf  m 
tb*  pMpb'i  btbUi  in  ika  rigbl  ud  power  of  fwqwiM  aai 
■oeoiMiTa  PferUanMsU,  n  muiaaaX  ■wllny  !■  C««Mil;  bh 
tU  Mid  Ohari>«  Stoan,  fer  McamphduMM  af  Mck  Ua  M^ft, 
■ltd  for  Um  )wo4actiag  of  himaitf  aad  Ua  idhirMiii  ia  hia  aai 
thair  wicked  pfMluaa,  tp  Um  ana  awk  haAfc  ttailMaijy 
and  aiabeionaly  taviad  war  acabn*  Um  pnaart  Pariia»«k,  aad 

tka  paapta  tbanb  up tad.  patimhrl|  ain  ar  ahaM  Ik* 

joUi  dar  of  3vm,  ia  tk  jaar  «l  mt  Lord  164*.  at  Bm^Iv. 
in  Um  Opntj  of  York  ;  aod  npan  ar  ahoat  tka  a^A  4aj  ^ 
Attfoat  ia  Ikt  auaa  jrcar,  at  tka  Coast;  of  U>a  Tawa  ^ 
Nottiagbaa,  wkcra  aad  wbea  ba  avt  np  hu  (tkadaid  o<  war  . 
and  aha  on  or  abaat  tkc  ijnl  day  id  Odobrr  in  Iba  waa  paar. 
at  XdvAOl  w  Kayatoa-Md.  is  Um  Cteaty  of  WarwM ;  a^ 
upoB  or  aboat  tba  jotb  daj  »f  NoruuW  in  tbo  aim  y^, 
at  Bnatlori,  ia  Um  Coualjr  of  Middfaaix  ;  anl  apaa  ar  abaat 
Uw  jotb  daj  of  Aafaal,  la  tba  yaar  of  mr  Latd  1*4^  aft 
tba  OavardMB  Bridp.  aaar  B«adii«,  ■■  tbo  Ooutf  of  Bvfca: 
aad  apou  or  almit  tbo  jotb  day  of  Octobar  b  tba  jmr  htt 
woBttoaad.  al  or  apaa  tka  Ot;  id  QJammtim;  aad  Wfm  m 
about  tba  30tb  da/  of  Notanbar  la  Um  jmx  laat  mmtkmmL 
■t  NawbaiT,  ia  Um  Owurtjr  of  Berba;  u>l  apoa  or  abaa«  tba 
jiri  dajr  of  Jnly.  ta  tba  year  of  oar  Lord  1644,  al  C 
Btidga,  ia  tba  Coutj  of  Oaao;  aad 
3oUi  dajr  of  BaptcBbar  ia  iba  laat  yaar  1 
aad  otkar  |da«oa  aaar  a4)aeael,  ia  tka  Ooaaty  af  OotsmB. 
aad  apoD  ar  akaol  ika  jeUi  day  of  Noronbar  ia  Ika  jmM  lam 
Bwatiaaad.  at  Nawbary  ifuwwid;  aad  apoa  or  ahaaft  tba 
Stk  day  of  Jaaa,  ia  Um  /Mr  of  aar  Lard  i6«s.  at  tka  Tmw 
id  UitMtar ;  aad  aba  apaa  (bo  Htb  day  of  tka  aaaa  mmth  m 
tba  MM  yaar.  at  Naatbylald.  ia  tba  Coaaty  af  Nai 
Al  wUek  w«ml  limn  aad  plaoai^  or  aoat  of  (kHa.  1 
aMiV  o*^  pbaM  ia  lUa  laul,  at  toraaal  otkar  tiaoa  1 


1648-9]  The  Charge  against  the  King  373 

the  yeai's  aforementioned,  and  in  the  year  of  our  Lord  1646, 
he,  tlie  3»id  Cliailes  Stunrt,  hath  caueed  and  procured  many 
thouBBudB  of  the  free  people  of  this  niition  to  be  slain;  and 
by  diviBions,  parties,  and  insurrections  within  this  land,  by 
inT:isioni  from  foreign  parts,  endeavoured  and  procured  by  him, 
and  by  many  other  evil  ways  and  means,  he,  the  said  Charles 
Stoart,  hath  not  only  maintained  and  carried  on  the  said 
war  both  by  land  and  sea,  during  the  years  before  mentioned, 
hnt  also  hath  renewed,  or  caused  to  be  renewed,  the  said  war 
against  the  Parliament  and  good  people  of  this  nation  in  this 
present  year  1648,  in  the  Counties  of  Kent,  Essex,  Surrey, 
Sussex,  Middlesex,  and  many  other  Counties  and  places  in 
Euglaail  and  Wales,  and  als^i  by  sea.  And  particularly  he,  the 
said  Charles  Stuait,  hath  for  that  purpose  given  commission 
to  hii  son  the  Prince,  and  others,  whireby,  besides  multitudes 
of  other  persons,  many  such  as  were  by  the  Parliament  entrusted 
and  employed  for  the  safety  of  the  nation  (being  by  bira  or  his 
agents  corrupted  to  the  betraying  of  their  trust,  and  revolting 
from  the  Parliament),  have  had  entertainment  and  commission 
for  the  continuing  and  renewing  of  war  and  hostility  against 
the  said  Parliamejit  and  people  as  aforesaid.  By  which  cruel 
and  unnatural  wars,  by  him,  the  said  Charles  Stuart,  levied, 
continued,  and  renewed  as  aforesaid,  much  innocent  blood  of 
the  free  people  of  this  nation  hath  been  spilt,  many  families 
have  been  undone,  the  public  tieasure  wasted  and  exhausted, 
trade  obstructed  and  miserably  decayed,  vast  expense  and 
damage  to  the  nation  incurred,  and  many  parts  of  this  land 
spoiled,  some  of  them  even  to  desolation.  And  for  farther 
prosecation  of  bis  said  evil  designs,  he,  the  said  Charles  Stuart, 
doth  still  continue  his  commissions  to  the  said  Prince,  ftnd 
other  reheU  and  revolters,  both  English  and  foreigners,  and  to 
the  Earl  of  Ormood,  and  the  Irish  rebels  and  revolters  associated 
with  him;  from  whom  further  invasions  upon  thii  land  are 
threatened,  upon  the  procurement,  and  on  the  behalf  of  the  said 
Charles  Stuart. 

All  which  wickeil  designs,  wan,  and  evil  practices  of  him, 
the  said  Charles  Stuart,  have  been,  and  are  carried  on  for  the 
Hdvai:cenient  and  upholding  of  a  personal  interest  of  will, 
l>ower,  and   pretended  prerogative  to  himself  and  bis  family. 


Ctmstitutiotial  Docummts 


•Itsinat  Um  p«blio  intanat  • 
pMM  of  tlM  pfopU  of  lUa  B 


I 


PM)  ricU,  lilwvtr.  jHliM^  mJ 


Hy  »11  which  it  BppMnth  tbti  ih*  mid  Ckuto  Hl«wt  hiik 
bMn.  uid  (■  Uw  BtTMioawr.  anUwr,  uid  «wHi— »  if  ih*  nU 
nniMtiml,  and  mmI  bhiadjr  Wkn ;  and  tlMnia  fJHy  «f  ■■ 
,  ■vrlan.  nqnMa,  bnminfK  apam  doaalaltMi^ 
I  la  Una  tMlMtt.  Mtad  aW  i— ■itlwl  m 
laionad  tbarafay. 


Havinii  alnady  maale  mr  prMaaUtmia.  Mt  vmXj  agaiMt  tW 
iUi8>litr  of  titia  iirattadMl  OpoH.  bat  alan^  tlwl  w  awtUy 
ptvar  na  jnatlf  rail  aa  (wba  #■  jmmt  Kiaf  |  ia  faaMias  a> 
a  d(ltM)nnit,  1  wonU  not  aajr  son  c^m  Mf  Maaik  npoa  lUi 
Dwaaiiw.  Moniliaa  la  rtfcr  sjaalf  ta  whrt  I  lata  ifahia,  w« 
I  ia  Ulia  aaaa  akna  eoncanMd:  bat  tha  dnij  IwalaOadiB 
Iba  pratrraliiNi  of  tba  tna  libcrtf  cf  a^  P*^^  **>1  ■"*  w^tm 
ma  at  (lib  tiaw  to  l«  ailant :  far,  bow  mn  vij  fiaa  law  aalfaN 
af  Bafhwl  call  Ufa  or  aajtiuBf  ba  paaaaaaatb  Ua  ««■,  if  pa«i« 
arhfcMl  ri^d>n7HakaM«r,aa4abni|atatba«MroaaaMB«Bl 
IMK  af  tbt  land  wUck  1  bow  tab*  to  ba  tba  pnaaM  Mrt 
Wherabiv  vkan  I  om  biUar,  I  asiNctad  tbal  ;m  «mU  hw« 
■■diaaa<iT»d  la  ban  lalidUd  ■•  cgorannKit  ibaaa  gnaada 
wbU  hiadar  Ma  to  saawar  t«  foar  pnt«arlad  iM|«aehBnC 
Bal  atac*  I  taa  tbat  aolhiat  I  aaa  i^  will  aMve  yaa  la  ii 
(IboMflb  Mfalivai  ara  aot  aa  aatnnUy  prarad  aa  ■  ~ 
jat  1  win  abw  jw^  tba  naaaa  wby  I  an  aaaMaad  } 
Hi*  »a.  aor  iadaad  tba  ■miiH  mm  ia  Initial; 
aot  (liba  jtnk)  arhkeat  ibavi^  a  raaaaa,  «ak  1o  !■]■ 
afon  nj  aob|tata, 

Tban  b  aa  pnriidlm  jaU  ^aloal  an;  nua,  bat  wIm<  ta 
wamatid.  aitbrr  by  Ood'a  lawa  «r  tba  Baaicipal  kwi  af  iW 
eoaatrj  vbtra  ha  Uiw.  Now  I  a*  saat  vrnJUftA  tbia  da«'a 
LBot   ba  wamiriad  bf  Oad'a  Uwa ,    fur,  m  iba 


nivl,  uui  «T*<¥  ■ 


c  Mtl>  tbt  QU  J 


Aad  fat  Um  1 
'wh«B  di«  wonl  of*  Eii«  *-^;?*  ' 
■t;  Data  him.  «fa«t  ■!«■ 
kw  m'  Uiis  looii.  I  un  a 
will  k£ra  tlut  Ml  imygtan— cw  Bi  MpitMt  tta  Ei^  *v 
iJl  goiiif  in  kia  cuum:  and  we  rf  tMr  nuras  ik,  tte  tia 
King  cu  do  on  wnag.  fciHw.  thft  k«  ipM  «ta*  jm 
gromui  ;av  pawtrfttip^  bmI  Mtfcw  fat  ttU  or  m*:  V  dL 
(howHi  if  i>nr.na«tewtbacitr,«unatcd  hf  tU  tel^ 
meottl  Ins  of  Ai  Ini,  hkth  auk  it,  uxl  *h».  B«  kn 
tlte  Hov>  if  Ci^MB  oa  tnct  ft  Court  of  JtvUDtfar*.  «ii^ 
wu  Btrcr  SM  iaidF^  k  vcU  knawn  to  ftU  iBVjn)  I  kva 
l»8odndA«««iitojidci.  And  it  irara  Ml  h  itiaqR 
Uutlfaflfiha^  prtalto  makt  k*ra  witbou  Unc  ait  ^Bti< 
HooM.  to  iqi  ifc«  hM«  faMkM  ipMk  of  tl«  k»  «I  Bi^Ml 


ri^  aloMi  M I  ut  joar  C^  ^  ^mt 

•"T— *j-^.-^-'-Tnr-»  ^aifci 

tint  b  Imog  Bids'  awh.  b«.  mb  », 

g)T«  thwmWw  ilM  ktf 

of  tlwir  |oe4i ;  ow  k  tk 

of  hoUtHMB 

Dot  oaljr  nokte  '-jvt 

their  imUk  luth  ^l»t 

1  BB  kr  Inn  r^.nscv  m  w 

cttnei  k£l  ipiat  -a  i^r  a 


ComttilMtHmai  D^ntmmiii 


d  bapefullj  <i{>MliBK  the  Hm 


■  ■fflM 


I 


MdiWiilr  MrpriMtl  Mti  haniad  tnm  Unm*  m  •  f<lMav : 
apan  which  accMinl  I  wn  a^niiMt  mf  will  hw ght  Ulbtr. 
«h«*«  uMc«  I  kn  oMMt.  I  nuBot  liat  to  Mj  pcnrar  4»>r»J  tW 
UKivnt  laws  and  iibarlio  of  tbi*  kiv^rdom.  tofMhar  vilh  wi 
awn  Jul  ri^L  T^m  hr  M>jlliin(t  I  om  ^  tW  liighwr 
UoaM  ii  Mally  •uhxlod ;  wtd  for  tba  Umw  oT  C 
U  ia  tea  vtD  kntiwk  ikat  lh«  m^ior  part  if  th«a  M*  il 
or  datwnd  from  »»■&(;  n  u  if  I  I  ~ 
■oSebBl  itit  m»  to  pcolMt  i 

pralMidaa  Cmrt.  BtMm  aU  tlkk  tU  pw«  gf  th«  Ub| 
if  iwt  th*  Imm  ia  Kjr  Ihamkla ;  wd  *Im1  bip*  c^  i««|Imm» 
ia  Uwr*.  hi  luac  m  pawvr  nifm  «ilhu«t  rala  ar  law,  cfcaagias 
Mm  wbota  Chbm  af  Uwl  ywniBiiKl  «n>i«r  wbM  tUa  hn^iM 
hatk  flMrialwd  far  naay  bva^Md  fMUil  (oar  vUlI  Hf  ««M 
«iU  U)  oat  ia  cm*  thii  kmUm,  i^joat  prMpAtf  afsiMl  ■• 
do  fo  Mi>  and  l>ll«Ta  il.  iIm  Cooimmm  al  Bkglaad  viB  aM 
tW^  jroo  fur  iM*  ohaaga ;  kr  ikajr  will  nrntrnkwr  hmw  tmfff 
Ibarbvo  b«aa  of  lata  yton  under  lb«»i«iH  of  g«am  IflhaMk 
tk«  Kiiv  Mj  fathar.  ami  mpM.  mill  Ika  bopnisc  "f  !!■« 
mlwnijr  UMlilaa.  and  will  hava  ca«aa  M  ioM.  Ihai  Iky  ^B 
nmr  ha  n  ban?  vadvr  aaj  aaw;  wd  bjr  ilua  Um«  it  wB 
bt  loo  Hnaibly  rTtdral,  tUt  Um  anaa  I  took  ap  wan  mtj  to 
debad  Ibe  Au^'aMcnUl  laaa  of  tUa  biafdea  ^aiaat  th^ 
who  bava  anppn^  w;  powrr  both  loUltj  m 


Tboa,  haviag  ibowad  yoa  bnaA|  tba  naaaaa  mkj  I  flaaat 
mibmit  to  J  our  pralMChd  aallwriljr,  wilbool  TJoliliaf  tbo  Itaal 
which  I  Uva  tnm  Oad  lor  tba  walfcro  awl  inwriraf  a?  1 1  iipli. 
I n|Mel  froBi  ytm  ailber  alMur  waaiai  to  MnTiara mjjmigmmtt 
ibownv  na  tf»t  I  «■  In  aa  ofror  <awl  Ums  uiij  I  wB 
•Bcwor)  or  tbal  joa  will  wilhdraw  ^ar  pweiailf  a. 

Tkia  I  intandad  to  wfmk  ia  Waatahwlar  VUH 
Jaaaarr   >i,  bat  afaiaal    noMa   waa   biaditad  la  I 


1648-9]  The  Sentence  of  the  High  Court  of  Justice  377 

84.  The  Siittphce  of  tub  Hiqh  Cocbt  or  Jubticr 

L'PON  TB«  Krya. 

[jRDu»r7]7,ti54R~9.     Rnibworth,  vii,  ifi8.      See  O'ntf  Ciril  Vnr, 

IT.  3"0 

Whereas  the  Commoiu  of  EDgl&nd  Msembled  in  pEtrlimmwit, 
have  by  their  ]ftte  Act  iDtituIed  an  Act  of  iho  Commont  of 
Englaod  psiembled  in  Parliimpnt,  for  erecting  an  High  Conit 
of  JuBtiee  for  the  trying  and  jadging  of  OiMles  Stuart,  Ktng 
of  EngUtid.  ikutborised  and  cooitituted  ui  an  High  Conrt  cf 
Justice  for  the  trying  and  judging  of  the  said  Charles  Stuut 
for  tbfl  crimes  »nd  tressons  in  the  said  Act  mentioned;  by 
virtue  whereof  the  said  Chnrlee  Stnart  hath  been  thiee  •everal 
times  coDTented  before  this  High  Court,  where  the  first  day, 
beiog  Saturday,  the  lotb  of  January  instant,  in  panuance  of 
the  said  Act.  a  charge  of  higli  treason  and  other  high  crimes 
was,  in  the  behalf  of  the  peojile  of  England,  exhibited  against 
him,  and  read  openly  onto  him,  wherein  he  was  clu^;ed,  that 
be,  the  said  Charles  Stuait,  being  admitted  King  of  England, 
and  therein  trusted  with  a  limited  power  to  govern  by,  and 
according  to  the  law  of  the  land,  and  not  otherwiFe ;  and  by 
his  trust,  oath,  and  office,  being  obliged  to  use  tlie  power 
.committed  to  him  for  the  gnoi)  and  beaefit  of  the  people,  and 
fur  the  preservation  of  their  rights  and  liberties;  yet,  never- 
theleei*,  out  of  a  wicked  design  to  erect  nnd  uphold  in  himself 
an  unlimited  nnd  tyrannical  power  to  rule  according  to  liii 
tvill.  and  to  overthrow  the  rights  and  liberties  of  the  peoplCf 
:ind  to  take  awny  and  make  void  the  fonndations  thereof,  and 
of  all  redress  and  remedy  of  roispiveniment,  which  by  the 
fundamental  conttitntlons  of  this  kingdom  were  referred  on 
the  people's  behalf  in  the  right  and  power  of  frequent  and 
successive  Parliaments,  or  national  meetings  in  Council;  he, 
the  said  ChHrles  Stuart,  for  accomplishment  of  such  bis  designs, 
and  for  the  protecting  of  himself  and  his  adherents  in  his  and 
their  wicked  practices,  to  the  eame  end  bath  traitoronaly  and 
maliciously  levied  war  against  the  present  Parliament,  and 
people  therein  npreaented,  as  with  the  circumstances  of  time 
and  place  is  in  the  said  cha^e  more  particularly  aet  forth ; 
and  thit  be  hath  thereby  caused  and  procured  many  thousands 


378 


CoHstituttonai  Dontmtmts 


I 


»r  Iha  frM  fwopla  of  Ikti  iMli<w  to  b»  kUia  ;  ■»!  bf  d 


B  pvta,  ti 


il  Mul  pfoMrad  I17  bin.  mhI  by  t 


allicr  Ml)  «»fa  ud  awMM,  h*.  tlw  mU  CUtIm  HMuI.  halk 
not  onlf  tnaiBtaiBail  utd  carrinl  «b  tW  mi-I  wmr  l»«b  by  «» 
utd  bad.  bdl  abo  haili  naMvwi,  or  «MMed  lo  b*  u— O.  fW 
Mid  wu  kK«inM  tba  Pkrlikacal  and  food  ynyl<  af  tbn  ■<«■ 
in  Uu*  pmcnt  jmx  xi^i,  in  mtmiJ  eaaatin  Md  pbMM  ■■  tkim 
brafdoB  In  the  chuK«  ■paia^d ;  aiwl  Ibat  ha  hath  far  ttet 
ptttfOM  ghvn  kts  ooMMiMfaa  to  bit  ■«  ibt  Phrm.  fend  Mkan. 
wbMvhr.  bMidn  ■wUHwlw  «(  otUr  pmoo^  Mwy  awb  m 
mra  I7  th*  pBrliaaant  ilrirt  *aA  ■■|ildyj  br  lbs  abty 
or  tbb  HrtiM.  hiii^i  bjr  Ua  or  hb  ar 
balnjiBt  of  *h«r  Init,  m4  nmohiK  A««  I 


naowlH  of  Um  war  Bad  ^n^dWij  •piHl  lb*  aid  *--"  n  iT 
Md  pMpb:  Md  Uwt  by  the  wid  ctmI  lad  MMJwal  w  w 
b*i*d,  catiawd  tad  rtnovtd,  ■wh  laii  eial  bbad  of  tba  feoa 
poopb  af  tbb  Batiaa  hath  bain  i^t,  mmj  bmilim  aadw^ 
the  poUlc  Inaaovt  wartad,  tiada  ahilwtbd  Md  a^wa^ 


■aay  parta  af  iho  bad  qiaibd.  m 


•  aTtbaai  ana  tail 


athn-  rahab  aad  rtvaltara,  h 
la  tha  brl  of  Onaoad,  and  to  ifcalibh  taUb  oad  inalbw 
■—Milri  with  hi*,  tnm  vbooi  fetthar  JavaMM  af  thb  b^ 
ai«  thnalaawl  by  fab  n»mw«aiial  aad  m  fab  babalT;  aad  Ite 
all  tba  Mhl  wbfaid  daiigaa,  vafa.  aad  arfl  |«aetbv  of  h«.  «to 

aiid  C^tIm  SiMrt,  vara  rtill  aarriad  aa  far  tb     ' 11 

aad  apbiMiiif  of  Ifaa  panoMl  ialanal  of  wiU,  pawaa.  aai 
ptataadid  pcanfMin  la  hi^f  aad  hb  bM^f,  w^mtt  th* 
pablic  iatonat  aanBMn  licbl,  lihart  j.  jaatbt.  and  paaaa  U  Ifes 
poofb  of  tbb  aatioa ;  aad  that  ha  thawby  halb'i 
I  aaatiawr  af  Ika  1  "^ 
aiMl.  aad  bloody  wan.  aad  tfaania  faOljr  af  aK  | 


1648-9]  The  Sentence  of  the  High  Court  of  Justice   379 

&Dd  murderer,  and  public  eoemy  to  the  Commonwealth,  aa  by 
the  Bsiil  charge  more  fuUj  appeareth.  To  which  charge,  being 
read  onto  him  as  aforeaaid,  hsi  the  said  Charles  Stuart,  was 
reifuired  to  give  hig  answer ;  bat  he  refused  so  lo  do,  and  upon 
Monday,  the  iind  day  of  January  instant,  being  again  brought 
before  this  Court,  and  there  required  to  answer  directly  to  the 
said  charge,  he  Btill  refused  so  to  do ;  wheieupon  hia  default 
and  cuutumacy  was  eutered;  and  the  next  day,  being  the  third 
time  brought  befote  the  Court,  judgment  was  then  prayed 
against  him  on  the  behalf  of  the  people  of  England  for  hia 
contumacy,  and  for  the  matters  contained  against  him  in  the 
said  charge,  as  taking  the  same  for  confessed,  in  regard  of  his 
refusing  to  answer  thereto:  yet  notwithstanding  this  Court 
(not  willing  to  take  advantage  of  his  contempt)  did  once  more 
require  him  to  answer  to  the  said  charge;  but  be  again  refused 
so  to  do ;  upon  which  his  several  defaults,  this  Court  might 
justly  have  proceeded  to  judgment  against  him,  both  for  bis 
contumacy  and  the  matters  of  the  charge,  taking  the  same  for 
confessed  as  aforesaid. 

Yet  nevertheless  this  Court,  for  its  own  clearer  information 
»nd  further  satisfaction,  have  thought  fit  to  examine  witnesses 
upon  oath,  and  take  notice  of  other  eTtdences,  touching  the 
matters  contained  in  the  said  charge,  which  accordingly  they 
have  done. 

Now.  theri'fore,  upon  serious  and  mature  deliberation  of  the 
premises,  and  consideration  had  of  the  notoriety  of  the  miUters 
uf  fact  charged  upon  him  as  aforesaid,  this  Court  is  in  judgment 
and  conscience  satisfied  that  he,  the  said  Charles  Stnart,  ia 
guilty  of  levyiug  war  against  the  said  Parliament  and  people, 
and  maintaining  and  continuing  the  same ;  for  which  in  the 
said  charge  he  stands  accosed,  and  by  the  general  course  ot 
liis  guveriinieiit,  counsels,  and  practices,  before  and  since  this 
Parliament  began  (which  have  been  and  are  notorious  and 
jiublic,  aud  the  effects  whereof  remain  abundantly  upon  record) 
this  Court  is  fully  satisfied  in  their  judgments  and  consciences, 
that  he  has  been  snd  is  guilty  of  the  wicked  design  and 
endeavours  in  the  said  charge  set  forth;  and  that  the  said 
war  hath  been  levied,  maintained,  and  continued  by  him  aa 
aforesaid,  in  prosecution,  and  for  accomplishment  of  the  said 


;^o  Co9isfihih'o9in/  Poruments 

•  Ifvitfii^  nhil  \\\%\  \iv  li.ttit  }  i**-ii  mill  u  thr  iK*rp«:<i|.rr  aal! 
Aii<l  i-iiiifii  iiiT  lit  tii«*  niiiil  iii.iiAiurftl.  rnirl.  aiul  bl<k«1r  v^rf. 
Hiifl  therein  k'^iity  nf  htL'li  tmw)ii,  aii<l  itf  tKr  nniril^ri  rmpi&'«. 
liuriiiiiifH.  P{>fiilt,  ilMoiuiMii*.  «i.«iiia|{f*.  ■»<!  m.  .  hi-"  to  tKii  l.A1^aa 
nrti'il  Aiiil  rMiiimitU'il  m  thf  Njiiil  «riir.  ftinl  (•rrA»ifiti«H  cbvrrbv 
Kur  nil  wl.nh  ttfimoii^  nnil  «'tiri;e«  tlii«  (furt  ili»fh  ft<fja<i^  tiiAt 
hr,  till-  ^al•l  t'harlei  Sn.ftrt.  a«  n  f Trent,  traitor,  aunlrrer  aad 
puMir  niffiiy  to  thf*  u'imkI  pr«ipl^  uf  this  nation,  ahall  hr  !«'.  C« 

•  ieath  liv  thf  ^^Terinir  nf  hi*>  hcail  trmn  hit  bodv 


.•*■».      Tim    I'K\T'r    l\  \hkA\T   ••k  t'liAhiR*  1 

.1'    'A/    //• /'i    '  onrf    It*   Jttfffr    f'.tr   fKf    trytrnf    tt^i    /Vt/jpni/   •* 
'■',.ir'«»/i    .Sfintr*     A'M-/   lif'   A»i';/»in-'.   ./afl.   Ig     .4  ••no    /••««t9W 

Wlirrtrt^  *'ha!lr«  *^Ms  n?  Kiiiir  -f  l.titrlaiiii.  i«.  ai>«I  vtAr'A^a 
>>  rixn-T')  Mt!Ai:  tf-i.  iti)  1  r>'ri-Viiiii^l  nt  hifcrh  trra*  II.  an*!  th^r 
iiiL'h  irir^.'s;  nr.  1  -( ii'fii.**  ii^m»u  *^.iti:rilaT  \*i  waa  prob'  uDCvd 
.ijaiiio*    !.  til  *y  thi-  > '■  urt.  t-i  ^e  put   t-  -i^iith  Vr  tt.e  iPTenac 

t  I  I*.  I.r.iil  fr-i'ii  hi*  *--iV:  I*  uKi(!i  »•  j.!r  .rr.  •'i*  uti.iO  i»< 
i»  Tiiui:  •  •'?!  'n  "' •■  il  !;••  Ml' ^#»  I'l-  !henf- n  t  »!.  and  rr*^uir» 
\n  '  -  I*  r»it  •..ii-l  M-!.tii.- f  r^f.  iit«<t  -11  thr  ■•jn-m  •*rrrt  t«-fuffv 
\\  ill!'  i..i!..  M]-'U  thr  tliKir-W,  l-fllltf  thr  thiiiirih  (Iat  of  tkw 
■' >tai:t     ii!-:'li    •>!     Vii.;iin'.    t>''*Wf«ij    •jir    K.igrt    k?    t'-D    in   tW 

..r!..:.:;    ;ki.i    ?j\i     :ii    tin     ft'^t-ri..   ii      f  t'.«*   Mtr;e  -iai  .  Wftb   fv!| 

•  •*..'       A: -i  *  r  .  .  .i.iii  »»  ?L;^  ■li».I  fr  y 'iir -u^.  i- ut  waimaL 

\ii!    •••-••      r-    •  ■    ri..:'ii«  hi:      *V  •■r».  •«.!  iirrt.  aii«i   uCbrr«.  tbr 

!   1  •    i".'-  •  •  •*  '.n  •  •'•   Il  .«f  }  iij  .if.i.  t-    li^  aMiiTinir  ant->  vo« 

•.  f    -  ..  •  \  I  •■ 


.!•■.■.         V 


•    •  . 


•  %  rti  :ii..lf«r     ':r  hji.«l«  ar,  !  «««!• 
I    •UN     f'nAl'«MAW 

Tii'tVAH  liavv 
M  :  Via   •  Rfiiavi  L 
.%c    At- 


PART   V 

THE  COMMONWEALTH  AND  PEOTECTOBATB 
86.  Act  appointimo  a  Cocscil  of  Statk. 


An  A<i  of  this prttent  Parliament  fi/r  cotutiftUing  a  Council  of 
,S^tale  for  the  ComttUMtcetdlh  of  Enyland. 

Be  it  ordaiued  and  enacted  by  tbu  present  Pfti-liaroent  that 
Bfku)  Earl  of  Denbigh,  EilmuDd  Earl  of  Mulgnve,  Ac.,  fta,  or 
any  nine  of  them  BhaU  be  a  Council  of  State,  and  have  hereby 
power,  and  are  authorieed  to  put  in  execution  the  following 
inrtmctiooi. 

1.  You  are  hereby  authoriaed  and  required  to  oppoee  and 
BDppreiB  whomHoever  shall  endeavour  or  go  about  to  eet  up  or 
maiutaiu  the  pretended  title  of  Charlea  Stnart,  eldert  eon  to 
tbe  late  King,  or  any  other  of  the  eaid  late  King*!  iaaue  or 
claiming  under  him  or  tham,  or  the  pretended  title  or  olain 
of  any  other  single  person  whomeoerer  to  tbe  Crown  of  England 
or  Ireland,  dominion  of  Walea,  or  to  any  of  the  dominiona  or 
t«rritoi'ies  to  them  or  either  of  them  belonging. 

2.  You  are  hereby  authoriaed  and  empowered  to  order  and 
direct  all  the  militiai  and  forcei  both  by  Ma  and  land  of  England 
and  Ireland  and  tbe  dominions  to  them  or  either  of  them 
belongiDg,  iireaerving  the  peace  or  aafuty  thereof,  and  for  p»- 
veotiug,  reiiatiog,  and  loppreeaing  all  tumnlta  and  iuaoneoiion* 
thai  Bball  happen  to  rise  in  tltem  or  either  of  than,  or  anj 


1 


ii  td  than  fitm  ahroMl :  amd  »lw>  mfom  »mj  m 
to  nuM  ■    " 

tb«  Mida  ftboTv  — fwind.  mmI  to  fiv*  e 
hkI  of  tba  OoBBcil  to  mefa  oBetn  m  jm  AaO  jvlf*  ■« 
lor  tW  badiiie,  randaeliac  ud  wwiwaiwlwg  cf  tW  mM 

...  .or 

wtiBy  tAotr  uwlnbotiotti  j^'M  oftll  mmIw  Itob  um 

.  Yob  an    ktnli7  awthoriwd    waA    n^<dnd  to  m» 

I  far  IW  ndoettiff  of  Iraknd.  I)h 

«r  Jnwr,  OMciiMjr,  Scniy,  aad  the  U*  or  Uu.  ui4  all 

-wJth  af  - 

Mt  yti  ndn«ad. 

4-  Y 
all  MiliUr;  provuiaM  bofck  far  tba  laad  Hnfaa  a^  far 
Ma  ba  fraat  tiisa  to  lima  *all  aad  anflciaellf  faraJafcaJ. 
.Uiat  tW  Maa  ba  baaad  aa  joa  aUl  hf  wamat  Araat: 
jo«  ar»  alao  Inm  ti«M  to  Una  to  taka  aart  cf  Un  npaar  tt 
Aipfiag  baloaging  to  tkv  Cmnnnawllh  af  Fngfa^. 
baiU  neh  otbart  h  yaa 
and  Mfrty  Ihanof. 

5.  Yon  an  to  BW  aU  food  wajra  and  maaaa  far 
I  of  liM  tnaa  mt 
Irriaad  and  the  dantoieaa  to  tkm  bakimiaf,  aad 
Ua  good  of  all  fanigB  ylaatoliMM  aad  hatoriw  ' 
lUa  CsMaoBWaallli  or  aa;  of  tka  nalina  iWiirf. 

i.  Yon  ikall  aaviaa,  ordar.  aad  dinel  noaw 
tortaiala^  kM|)<n«.  r 


■arri^  th*  ri|liu  af  tha  paepl*  a(  tUa  ■ 
aad  coapoaiaf  of  tlHir  JMafwaaa  tWa 
aathaaiaad  to  aaad  a«baaMdata.  agaato. 


fanifii  Inaifdaat  «ra 
ar  Baaaagm  fro«  thai 

7.  Yaa  an  to  mAfim  aad  aaaaalt  ef  aaTlUat  ■ 
food  af  Um  ONBBaavMhbt  aad  npart  jroar  tfimlt 


S.    Yaa   an  kanbf  awthtriiad  to  laad  far  aigr  peiMi 
B  ad*iw  witk  ik^  m  panaaaa*  af  I 


or  aar  otkar  iattnMliaaa  ikat  ahall  U  pvaa  aato  yoa. 


1648-9]      Act  appointing  a  CoufuU  0/  StaU  383 

9.  Tou  hAV«  hereby  power  uid  «n  Mitlioriied  in  cue  of 
dsDger  to  the  Com mouv with  to  ftdtDiBiitw  va  ofttb  to  uy 
person  ur  penons  for  the  diseoverf  of  the  truth. 

10.  You  are  hereby  authorised  uid  empowered  to  MBd  tot 
uid  imp! -UoQ  or  otherwiie  to  lecare  by  tftking  bond  in  recogni- 
z«noy  any  mch  penon  or  penoiu  m  ihftll  be  offenders  agiintt 
theie  or  any  other  iuitmotions  which  you  duJl  receive  froa 
the  Pftrlisment;  and  all  lacb  as  ibftll  contemn  or  be  refknotorj 
to  any  of  your  commamde,  direction!,  or  onlen  in  pvmanoe  of 
the  laid  inBtructiona. 

1 1 .  YoD  haye  hereby  power  and  are  aathoriaed  to  charge  the 
public  revenue  by  warrant  onder  the  eeal  of  the  Council  with 
■uch  sum  or  lumi  of  money  from  time  to  time  aa  you  diaU 
find  neceeaary  for  defraying  all  chargei  of  foreign  negotiatiaoi, 
intelligence,  and  other  incidenoiea,  and  for  the  Mlary  of  moh 
subordinate  ofGcera  and  attendauta  aa  yoa  ihall  jndge  fit  to 
employ,  and  for  the  effectual  cairying  on  of  the  Mirioejiy  thoM 
inatructiouB  committed  to  you,  or  by  any  other  inatnutitma 
hereafter  to  be  given  you  from  the  Parliament. 

la.  You  are  also  to  observe  and  pat  in  eKeGatiim  midl 
furtlier  oidera  a*  yon  iball  receive  from  time  to  time  from 
the  Parliament. 

13.  The  power  hereby  oommitted  to  the  Coooeil  of  State 
shall  continue  for  the  apace  of  one  whole  year  from  tba  dqr 
of  passing  hereof,  nolew  it  be  otberwiae  ordeitd  fay  the 
Parliament. 

14.  You  have  alio  herel^  power  to  appoint  eommitten  or 
any  peraou  or  peraona  for  '■""'■■'■^■""t.  reeelTuig  of  ifr 
formations,  and  preparing  trf  bqnncM  fer  ytwr  dabatee  or 
resolutions. 

15.  You  are  to  meet  at  Derby  Houae  at  four  itf  tha  obek 
this  aRemoon,  and  from  time  to  time  and  from  plaaa  to  piMi 
aa  you  shall  see  cauae,  and  in  aiuih  manner  aa  yoa  ahdl  thi^  fit 
for  the  execution  of  yoor  iaatmetuma. 


3^4  Cnti^tltUt:o»Uil    IhhUHUnh  i««f 

>*7         1..M.A'  J  Vlt  *>^t     lAkl.N    M     "IM     Mi^JILI^l»     II  I. 

*        >  ■  1 :       I    ••  I  M  » 

^1  .-r  .Ar^    J .     !'  4  .       •  '.  ;  I  1-     I      ^r  l*r«   II:-'    r  • .  i  I    J"       •»  -   •      •  •    ■ 

■ 

MaI-  t>v  thiH  }rr«*i.t  i  :1.  .  r.(  {.t  <1-  ti*tif>  that  I  lii  x::»:r 
t>     ti..-    ]l|^^rl.t    I     t  !i  i:i.-r.',    in    'In     inr.:!.*.i  Mii^^r    %:.\    *\rit:,it 

•  1  t'.r  j'ii:  i  l.}«i*v  a.  li  !r-^il  !xj  f  !^  i*  lift"i  :.  *•  It  • 
tioM    •'.••!.i!r>i    fv   *.i.:-    I'ftriiftrnri.t   ( ^«    «;.  •      .ut:.- :i'«    1   as 

■  ■  ■ 

1  Mli«*.  tt  :•:«  1  n  ri.ilit''4i  if  t)i*  r-.ti  1  t*oii:(.  1  ■»..•!  IL  th'  &*;:: 
tij.ni.if  ni.il  li.  !m,'-.'  if  fill  ir  4i.u'i  !.•  I"  •t-ri.  Ii^  t'.f  ■Ctt.il.^ 
i!  tf.t  u'"Vfri.!i.f..t  ui  t'.:-"  ija'ii'..  T'l  t(<i  futurr  il  ^  •' 
.k  ];  j  .'  ii( .  n  i:i.'  ir  i\  ihi.'  ••]  11  -  .  -r  ff  I.  :•!»  .  ai.«i  I  i)o  |  r  rr.  «< 
II.  !!.!■  ■*.i:i.t  •■:  *;  i  If. .it  llir<  :^'h  II  i^  rracr  In..  •* 
faithtui  i:.  tiit  |«-i*  iiiiAi.i  •>:  Ur  ttu*:  Ci.MLiItfl  t-  »' 
u*  .i:>jii -All.  .ii.il  t:.«r^ii.  faLihluIlv  }iur«ur  ttt-  n.i'.ru":  .• 
.:nii.  !•'  till  ^-rti'l  ('';.!.•  ^  r\  iLi'  |  :r«r./  rAi^iAm^:.!  i:.  i 
1.  :  if\«.i.  ir  ill-  !  M-  h!. Mi.il..:.  ii.  wi.  !•  •■:  it.  j  .irt.  iii;t- tit 
(■:  i:.:iir  '!>  M..iT  hi.h  !■•  itrr  aU-i  •!  ir«<  !i^i  U]«.l;  II.  v« 
1  ■  -i.-.i ;     H;i:.  ..t   rl.i"      i:i!iii:.>l  ■      ij:!*  ■  I:- :i  •  f  tL*"   ]'«riiAn.'r.*. 

•  .  witli  ut  i.'.«  I  :■  .  .t..fMtii.(.f  <'.'  *i-r  R:a  I  :  |  Art  >  :  l.i« 
>  ..  ii  •:  •.  r  !  ..V  .  jia:t  if  ir.rin  thit  ►HaI.  I*-  jrr^r.t 
.1*  ■  ...  !.  i:r    I'c^  <  I  i*-«  .  .'.   .  •      Ii.  ( i-.  t.imAt;  i.  i  f  tKc  |  ;^:..im« 


4    .  ^  • 


M       i 


•  • 


■       I 

■  t 


I        4         • 
>  ■         I 


\V:-.r.i'    >'.,■;..     >tu.i:t     i.4tr     Kii.»:    ■!     l.::^!^:.  i      IrrlAr.ti 

I  1    <  ■ 

*■        *       f..     >•   *    I'.iii'*    ■■   ff  ■■•.■■*      1  ■      f    •••■j«     •'^•fc 

>      .  ••      .   '  ^     :    :..'.     1  i:     .'•:.!    ^-ri.    *:  .5    i»     l.-r^'t 

:     .  »r.  :    ■      I  ..■;,.;:•.:  •       a  r  ,  :,:r  i  t.    ■.;■     \n«l   I  .t  I.? 
■  t    • :  .  I    :    i;.    :  \    ■        -:.*:..  ;r.»    ;ii.  •    i  !l.ri    h«  .i.     .-    »  ffc::  e« 

■  I     .1..  .     1  IK  a     .        .li      (a  :.l  ■     I*    ••  V».     .  |K 

i.i*  i>«..t   ai.  !   ]    ^'.ll.'.^    .\.  .  A..  «.  ..i I  -   •  rc'* i.-lii.,:  I- tic   aijiitf 


1649]       The  Act  abolishing  the  office  of  King       385 

hiui,  are  become  incapftble  of  the  uid  Crowuit,  ur  of  Wing 
King  or  Queen  uf  the  aaid  kingdom  or  donilDioiia,  or  either 
01'  any  of  them;  be  it  therefore  enacted  and  ordained,  and 
it  is  enacted,  ordained,  and  declared  by  this  preieiit  Par- 
liament, and  by  authority  thereof,  that  all  the  people  of 
England  and  Ireland,  and  the  dominioua  and  territories 
thereunto  belonging,  of  what  degree  or  condition  soever, 
aie  discharged  of  all  fe«lty,  homage,  and  allegiance  which  ia 
or  shall  be  pretended  to  be  due  unto  any  of  the  iwue  and 
posterity  of  the  said  Ute  King,  or  any  claiming  ander  him; 
and  that  CharUs  Stuart,  eldest  son,  and  James  called  Duke 
of  York,  second  sou,  and  all  other  the  issue  and  posterity 
of  him  the  said  late  King,  and  all  and  every  person  nnd 
persons  pretending  title  from,  by,  or  under  biro,  are  and  be 
disabled  to  bold  or  enjoy  the  taid  Crown  of  England  and 
Ireland,  and  other  the  dominions  thereunto  belonging,  or 
any  of  them ;  or  to  have  the  name,  title,  style,  or  dignity  of 
King  or  Queen  of  England  and  Ireland,  Prince  of  Wales,  or 
any  of  them ;  or  to  have  and  enjoy  the  power  and  dominion 
of  the  said  kingdom  and  dominions,  or  any  of  them,  or  the 
honors,  manors,  lands,  tenements,  possessioiu,  and  heredita- 
menta  belonging  or  appertaining  to  the  said  Crown  of  England 
and  Ireland,  and  other  the  dominions  aforesaid,  or  to  any 
of  them  ;  or  to  the  Principality  of  Wales,  Dnchy  of  Lancaster 
or  Cornwall,  or  any  or  either  of  them,  any  law,  statute, 
ordinance,  usage,  or  custom  to  the  contrary  hereof  in  any 
wise  notwithstanding. 

And  whereas  it  is  and  hath  been  found  by  experience, 
that  the  office  of  a  King  in  this  nation  and  Ireland,  and  to 
have  the  power  thereof  in  any  single  penon,  is  nnneceraary, 
burdensome,  and  dangerous  to  the  liberty,  safety,  and  public 
interest  of  the  people,  and  that  for  the  most  part,  use  hath 
bei'ii  made  of  the  regal  power  and  prerogative  to  oppress  and 
impoverish  and  enslave  the  subject;  and  that  nanally  aad 
naturally  any  one  person  in  such  power  makes  it  his  interest 
to  iucroach  upon  the  just  freedom  and  liberty  of  the  people, 
and  to  promote  the  setting  up  of  their  own  will  and  power 
above  the  laws,  that  so  they  might  enslave  these  kingdoms 
to  their  own  lust;    bs  it  therslbre  enacted  and  ordained  by 


386 


CtmshtuHontU  Doemmenb 


Ihia  praaaot  PkriiuBnl,  mad  b^  Ml&arity  nT  the  mb 
tlwl  tU  oOot  of  ■  King  in  tliu  utkw  alMll  MM  IkMBtAi 
nude  in  or  Iw  «x«reiNd  by  mmj  om  Mfb  !■»•» ;  aad  tt 
lui  otw  pvrton  wlwtaiMTn  iImU  or  noj  kra^  or  haU  tha  «A 
■tjrla,  dignity,  powar,  or  udborit]'  ef  Klay  of  tk*  wU  Uifta 
KBil  dcMniniuui.  or  Mij  of  tlMm,  w  of  tW  IMbci  if  Wii 
ftojr  law,  ■Utoto,  BMigv,  or  eutca  lo  Um  BiwrtfMy  thanf 
uij  wiM  nrtwithaUnHing. 

And  it  ia  b«nlqr  MMted,  tbnt  if  nny  {mmm  «r  fmtmm  Ai 
ndMTtHir  to  altmiit  br  Com  of  MM  w  atWviM^  «■  !■  ilih 
Mnirttat.  «o(Blbi1itic,  or  nhatlfag  sale  naj  ptrwa  m  fmm 
tk*t  BbAll  by  uty  way*  v  ■■mw  whaHonir  mitmnmm 
Dpi  tht  nrEriiif  or  MUiag  «p  ifkb  of  uy  ft^tmAtA  rig 
»  «id  CbtrlM,  aiaMt  m  to  lb*  «M  IMO  K^  Jm 
I  Dak*  of  Yurfc,  or  of  M>y  otb«  Uw  Imm  ari 
I  M>d  lato  Kiaf^  or  af  a^  pama  ar  pwwaa 
'  I  or  tbaim  to  tba  «U  ragal  aSM,  tlyK  JtiiHj, 
r.or  to  ba  Pritw*  of  Wata;  ar  iba  praawtiag  rfi 
D  wbataoavar  to  Uia  aaaa,  4yia.  dimity,  paw,  f 
^  or  aatborily  of  K^t  of  B^U^  Md  'r-'iaj  i 
I  afota»ii  or  any  af  tbai ;  lUl  Am  aaaiT  oi 
■U  ba  dcrwd  and  a^jadftd  bigb  liMaM,  ud  i 


■a  ii  naad  ia  aaaa  of  bigb  ti 
And  wbcraaa  ^  tba  aboUltoa  af  Iba  U^ly  aAao 


for  i>  tUa  Aal,  a  aaal  bapfqr  way  b  aada  fw  lUi 

Ood  aoa  I*  |«ad)  to  latara  to  ito  Jaal  and  aMtoal  rigk^ 

baisf  tvTCni«d  hf  ka  awn  ripanaaliri'ia  ar  paHaaal  Maath 


I  aauiil,  ftvm  tiao  to  !■■•  i 

>  bjr  Iba  pMpla.  il  it  ibtnCar*  molvad  akd  '    'iiit 
■bbd  ia  fWUatowl.  Itel  Ifaay  wOl  p« 
1  to  tba  •tttjagof  tUt  fnm^VtOmmmk.  wmiMm^m 
I  BB  May  poMibly  ftoad  witb  Iba  mktf  af  tte 
I  brtraatod  ibM.  awl  wilb  *M  la  a^lMrff 
Mry  far  Iht   pnarriac  aad   apbaldinc  (be  C 


1649I    v4»(  Act  Abolishing  the  House  of  Lords     387 

now  settled  in  the  way  of  »  Commonwealth ;  kud  thkt  they 
will  cnrefuUj  provide  for  the  certain  choosing,  meeting,  and 
sitting  of  the  next  and  future  representatives,  with  sach  other 
ciicumatnnces  of  freedom  in  choice  aud  eqnalitj  in  dietribation 
of  memhers  (a  be  elected  thereunto,  aa  shall  most  conduce  to 
the  lasting  freedom  aud  good  of  this  Commonwealth. 

And  it  is  hereby  further  enacted  and  declared,  notwithstand- 
ing any  thiug  contained  in  this  Act,  no  person  or  persons  of 
what  condiiiou  and  quality  soever,  within  the  Commonwealth 
of  England  and  Ireland,  dominion  of  Wales,  the  islands  of 
Guernsey  and  Jersey,  and  town  of  Berwick-upon-Tweed,  shall 
be  discharged  from  the  obedience  snd  subjection  which  he  and 
tliey  owe  to  the  Government  of  this  nation,  as  it  is  now  declared, 
but  all  and  every  of  them  shall  in  all  things  render  and  perform 
the  same,  as  of  right  is  due  unto  the  supreme  authority  hereby 
declared  to  reside  in  this  and  the  successive  representativM  of 
the  people  of  this  nation,  and  in  them  only. 


89.  Air  Act  aboushino  thk  Honsi  ot  Loxds. 

[Uaioh  19,  1649.     Soobell,  ti.  B.    Bee  ConnaNwHlU 
nnd  ProleelaraU,  L  3.] 

The  Commons  of  England  assembled  in  Parliament,  finding 
by  too  long  experience  that  tbe  House  of  Lords  ie  useless 
and  dangerous  to  the  people  of  England  to  be  continued,  have 
thought  (it  to  ordain  and  enact,  and  be  it  ordained  and 
enacted  by  tbis  present  Parliament,  and  by  tbe  authority  ot 
the  seme,  that  from  henceforth  the  House  of  Lords  in  Par- 
liament shall  be  and  is  hereby  wholly  abolished  and  taken 
away;  and  that  the  Lords  shall  not  from  henceforth  meet  or 
sit  in  the  said  House  called  the  Lords'  House,  or  in  any  other 
house  or  place  whatsoever,  as  a  House  of  Lords ;  nor  shall 
sit,  vole,  advise,  adjudge,  or  determine  of  any  nutter  or  thing 
whatsoever,  as  a  House  of  Lords  in  Parliament :  nevertheless 
it  is  hereby  declared,  that  neither  such  Lords  aa  have  demeaned 
themselves  with  honour,  courage,  and  fidelity  to  the  Com- 
monwealth, nor  their  posterities  who  shall  continue  so,  shall 
be  excluded  from  the  public  conneili  of  the  nation,  but  shall 
be   admitted   thereunto,  and   have  their  &e«  vote   in  Parlia- 


ConsHtuHoHal  Dcmmmh 


1 


ment.  If  tbejr  ihtll  ba  tlMtmnU   jirtiJ.  h  otlMr  fmmm  4 
inUtwt  alpetcd  wd  <indtfi«<l  thaw to  Mgkl  to  ka**. 

And  b*  it  Antlwr  oadftiMd  and  waetoJ  bj  iW  M*Miqf 
kfenMid,  tbat  m  Pmt  of  tibia  lead,  Ml  bai^  ilMtod,  faMii 
ukd  ■itiing  m  fWlfMMOt  aa  afnritolH.  iImJI  oIm^  Im*%  to- 
main  uaa  af  aaj  pririlaga  of  IMiaaaat,  ailhar  to  nltoi^  to 
Ua  pancat,  qwUtj,  at  aaUte.  auj-  lav,  anfla,  ar  astoito  to  ifea 
eanrUf;  notwitbiUiHlioK- 


90.  Aa  Act  1 


I  Emu.u«  Tu  u  A  CanMMnr«At.rm. 


[Ha;  t9,  itf^    8mMI.  IL  jo.    }m>  C 

n*  it  d*«larad  awl  maatod  hf  Mm 
by  tbr  aBUutHjr  of  tba  aaa,  tbal  tba  paapU  af 
and  of  all  Um  doniaim  aad  torrhi»M»  Ihara—to  bi 
ai«  aad  aball  ba,  «td  ara  liawby  aBaaUlatod.  ■■!<■.  art 
and  eoaATnad,  la  ba  a  Camaawaallb  and  Fn>  Si 
rfwU  froa  banaafartb  ba  gawnad  aa  a  OiwuiiaM 
Fiaa  State  hy  tba  npraaa  aatbontf  of  tUa  wl 
layiaatiitalitoi  of  tba  paopla  n  I'sriuMMit.  aad  bf 
tb«7  ifcatl  ap^at  aad  coaatitato  aa  oCcwi  aad  i 
BBdw  IbaM  Ibr  tba  |eod  of  tba  paifto,  aad  tbak 
Klac  or  Haaaa  of  Lorda. 


Ao^ii* 


•I,  Aa  An  I 


AMVtmMO  Taauoa. 


WbMito  tba  PkrtiaMBt  hatb  ibiilhhiil  tba  I 
toKHtaadaad  Inlaad.  aad  la  tba  d 


tiM 


bilai 


baU  hr  tba  AMara  ba  fM«raad  I9  ito 
BialaiiTai  ar  natwaal  waatlagi  ia  CaaaaiL  abaa 
baatod  by  tb«B  for  Ibat  poipaaa,  batb  aaltlad  ill 
^  Iba  waj  of  a  Cwnaianwialtb  aad  Fraa  Stata^ 
t  Hoaat   of  Lorda ;    ba  h  aaaaUd   bj   tbia   pnaaM 
;  aad  by  tba  aatbantf  of  Iha  «to^  tbal  if  «« 


1649]    iVfiat  offences  shall  be  adjudged  Treason    369 

shall  mklicioaaly  or  adviiedly  pablisb,  b;  writing,  printing, 
or  openly  declaring,  tbat  the  uid  Oovernnient  is  tyrmnnical, 
usurped,  or  unlawful;  or  tbat  tbe  Gommona  in  Parliament 
asRembled  are  not  the  ispreme  autboritf  of  tbia  nation ;  or 
shall  plot,  contrive,  or  endeavour  to  etir  up,  or  rmiw  force 
against  the  present  Qoveriiment,  or  for  tbe  sabveraion  or  alter- 
ation of  the  same,  and  sball  declare  the  same  hy  any  open  deed, 
that  then  every  such  offence  shall  be  taken,  deemed,  and  ad- 
judged by  authority  of  this  Parliament  to  be  high  treason. 

And  whereas  the  Keepers  of  tbe  liberty  of  England,  and 
the  Council  of  State,  constituted,  and  to  be  from  time  to  tim* 
constituted  by  authority  of  Parliament,  are  to  be  under  tbe 
said  representatives  in  Parliament,  entrusted  for  tbe  mainte- 
nance of  the  said  Government,  with  several  powers  and  aatho- 
rities  tiniited,  given,  and  appointed  unto  them  by  the  Parliament: 
be  it  likewise  enacted  by  the  authority  aforesaid,  that  if  any 
person  shall  maliciously  and  advisedly  plot  or  eodeavour  tbe 
subversion  of  the  said  Keepera  of  the  libeiiy  of  Ea^and,  or 
the  Council  of  State,  and  tbe  same  eball  declare  by  any  open 
deed,  or  eball  move  any  person  or  persons  for  the  doing  thereof, 
or  ttir  up  tbe  people  to  rise  against  them,  or  either  of  tliem, 
their  or  either  of  their  authorities,  that  then  every  nicb  offence 
and  offeiJccK  thall  be  taken,  deemed,  and  declared  to  be  high 

And  whereas  the  Parliament,  for  their  juat  and  lawful 
<lefeiice,  hath  raised  and  levied  the  array  and  forcei  now 
under  ih^  command  of  Thomai  Lord  Fairfax,  and  are  at 
prt'teiit  utcetsitated,  by  reason  of  tbe  manifold  distractions 
williin  this  Commonwealth,  and  invaeions  threatened  from 
abroad,  to  continue  the  same,  which  under  Qod  mutt  be  the 
instrumental  means  of  preserviDg  the  well-affected  people  of 
this  nation  in  peace  and  safety;  be  it  further  eoftcted  by 
the  authority  aforesaid,  that  IT  any  person,  not  being  an 
officer,  soldier,  or  member  of  tbe  army,  shall  plot,  contrive, 
i.r  endeavour  to  stir  up  any  mutiny  in  tbe  said  army,  or 
withdraw  any  soldiers  or  officers  from  their  obedience  to  their 
suptrior  officers,  or  from  tbe  present  Qoveroment  as  afore- 
said; or  shall  procure,  iovite,  aid,  or  assist  any  foreigners 
or  ^traugeis  to  invade  England  or  Ireland;   or  shall  adhere 


H         M  ujr  bnai   ni»l  b;  U»  >iM>>a  >t  tb  ririli.i.l  a 

~           If  IU7  pnno  d»U  miibcWt  ■!»  OraM  «al  ol  Ei«kirf.  b 

mnt.  lU  tkn  .mr  nxk  .Aia  ua  db«a  aUl  bt  bka. 

dMMd.  ud  dadu<4  br  nllnitr  o(  lUi  PulaBM  to  W 

■nib   unm,  aid  nur  aab   pna»  iUI  aife  (ua  << 

d_Ui;    ud  •!«>  IbcUt  rate  lb<  b>|»n  i<  lb  BbM;  t( 

as«h  ud  cbMuk.  ••  i>  <u>  <<  bi|b  Uaaa  bMb  bia  Bd 

b;  U»  kn  ud  •UKM.  cd  ihk  lud  bi  b.  baWI  lad  IM. 

rreridtd  .Inn  Ibat  bo  punm  daU  bt  l.tiilii  —i  ••■ 

wb  dbdm  ibdl  U  bdlriad  ad  |       ill  i^  tl>  ^ 

K             And  b>  It  hnhn  tuKUd  I;  Ua  bMbatl;  atnabl,  Ikrt 

^           wf^tb,  cr  ■ball  bring  uy  bka  Maay  iato  IbM  k^  MMIkt> 

dtoh  rf  U»  p«)|d>  cf  Iblt  tttkm ;  <r  H  ur  rna  *« 

<ir  |l<dd  ar  iilnr,  aa  ia  aat  Iba  pnrac  aal>  c<  lUa  C 

•aaHb.  and  la  at  aball  ba  mnU  lilUii  Ibia  aaliaK  b^ 

aanM   a>  Iba  Pbtil ar  ad>  aa   aball  ba  br  Iba 

■aiaa  Ba^r  K>  W  Uaa  ad  aarauHiil.  lo  Iba  UM  to  atlB 

diaUab.  hUiy,  tUf.  laab.  nod  ar  Ua,  aala  ar  li(bi^ 

he  ariabal  baia  ar  |.i.'a  aaba,  a>7  Iba  faapt  aairito  • 

tba  aauaa  ar  aaia  ar  aajr  albar  laala,  albnd  tdHHHH 

Ikaatot  tbat  Ibaa  all  and  aaai;  aab  a«na  ataij^^^^H 

icjo]    -^c'  repealing  several  Clauses  in  Slalutes     391 

shall  be  ai]<I  sru  hereby  deemed  and  tuljudged  high  trenaon, 
Kud  the  offenderB  therein,  their  councillors,  piocurerB,  nidera 
mid  abettors,  being  convicted  according  to  the  lawa  of  thii 
nation  of  any  of  the  said  offencea,  ahall  bo  deemed  and  adjudged 
triiitorB  against  this  Commonwealth,  and  ahall  auffer  and  hare 
such  psina  of  death  and  forfeitures,  as  in  case  of  high  treason 
is  used  and  ordained. 

I'rovided  always,  and  be  it  enacted  by  the  authority  afore- 
suid,  that  this  Act  touching  the  monies  and  coins  aforesaid, 
or  anything  therein  contained,  nor  any  attainder  of  any  penoa 
for  the  same,  shall  in  any  wise  extend  or  be  judged  to  make 
any  corruptioD  of  blood,  to  any  the  heir  or  heirs  of  any  such 
olTender,  or  to  make  the  wife  of  any  such  offender  to  loae 
or  forfeit  her  dower,  of  or  in  any  lands,  tenomenta,  or  hereditti- 
ments.  or  her  title,  action,  or  interest  in  the  same. 


,  Engaqehent  to  be  takk.v  bt  all  men  ov  thk  age  or 

EIOBTBRK. 

See  Comme»- 

I  do  declare  and  promise,  that  I  will  be  true  and  faithfal 
tu  the  Commonwealth  of  England,  as  it  is  now  established, 
without  a  King  or  House  of  Lords. 

93.  Act  bepbalino  several  cladbeb  Dt  Statdtxb 

IMPOSING    PBNALTIKS   FOE   SOT  COMING   TO  CHUBCH. 

[Sc|iteiiiber  17,1650.     Scubell,  ii.  131.    See  CoMmoniBtallh  and  FrotM- 

loralt,  ii.  J.] 

The  Parliament  of  England  takiug  into  consideration  several 
Acts,  made  in  the  times  of  former  Kings  and  Queens  of  tliU 
nation,  against  recusants  not  coming  to  church,  enjoining  the 
use  of  Common  Prayet,  the  keeping  and  oheerring  of  holy 
dnys,  and  some  other  particnlara  touching  matters  of  religion ; 
and  finding,  that  by  the  taid  Act  divers  religious  and  peace- 
able people,  well-alTected  to  tlie  prosperity  of  the  Contmon- 
wcalth,  have  not  only  been  molested  and  imprisoned,  hut  also 
brought  into  danger  of  abjoring  their  country,  or  in  case  of 
return,  to  suffer  death   as  felons,  to  the  great  diequiet  and 


CotuHhtiioMMl  DoatmtHts 


I 
I 


1 


atUf  rum  af  mok  food  aal  fnUy  pMpb,  bwI  to  Ite  J 
flf  llw  ObmbmwwU^  do  MMt,  ul  b«  H  «Meto4  hy  IfeM 
pcMHii  Puliancal,  uti  \g  udfasity  gl  lfc«  mmm,  that  •■ 
Mid  •nf7  Um  bmuhM^  rfavM,  utid««.  Mid  f>«tiBMt  ^ 
pnMed  Mid  orateiBri  b  tb*  «Muii«  Aeto  of  Hiifiii  i; 
rb.  tn  tlw  Alt  of  tha  Inl  of  KUt.  intitvM,  -Ar  AoI  fc 
nnlfonuity  of  pnymr,  Mid  idMiBtitraliM  af  9»atmmt» ';  ami 
in  Ml  Act  of  tiw  tUrij-Aftli  of  Bk.  iiitttalid,'Aa  AM  *r 
puhhing  of  (wraoM  otatiMUlf  nftulaf  le  «aaa  to  cfctoi^ 
Mid  |icmudiiig  fltbn  to  tupoga  ih»  QaaM't  Mthartlj  ta 
<ecU«iMtic»l  CMMM*;  mm)  kQ  uid  tmy  Um  lnaaAw,  J— fc 
M-tielM,  ud  proriaoM  raotatBad  bi  ui  Act  af  RtrliiMaBt  ti 
Ute  twMtT-tUrd  of  Ela.  ialitoUd, '  As  Act  far  ntaUvf  «■ 
Qura'a  Hljaoti  iit  tbair  dM  Bhadii—'i  fcaiwftw  a^iwiL 
via.  -Ba  it  alao  finrtW  *Metad  bjr  Ika  •Mhsti^  adanail 
that  tnry  penoa  abora  tlM  »fa  of  liztHn  faua,  wfciA  AaB 
not  nftit  to  aoae  Clinrdi,  Clwpal,  or  una)  flaca  af  CaaaaB 
Pnyvr,  bnt  forliear  the  Misa,  eaotnry  to  tlio  Uoar  of  a  aMMa 
tnad*  in  tbc  fint  ymr  oT  bar  Uajtatf**  raifs,  fcr  ■«r>ar»i<f 
of  CoamoB  trBjer,  and  boiof  tbanof  tawfallj  aBB»irta^  ahaS 
IdtMt  to  tka  QaaaB'*  M^Oaatj  far  tnrj  MMh,  aftar  Ifa  «^ 
of  tU*  NawB  af  PariiaBiaBl.  which  ha  or  Aa  JwB  aa  li  1 1  iii. 
£»o  of  bwfkl  Eofliih  mtimy;  and  tW  mr  boJ  h^^  Ifa 
aaid  fa*<ritwraa,  amy  panon  ao  farbaariaf  bj  iho  ayaaa  rf 
twotn  WUBtha  na  afctcaaid,  ahall  far  Ua  la-  h«r  ahabiMf. 
Bftor  Buililaata  thanef  ia  writl^  aada  into  tha  Camt,  ai^ 
■only  aaDad  tha  Kiat*a  Boaah,  by  tba  OnliaM7  of  tht  «aaM. 
ajaatioaafaaaba  aad  gaoMaUmy.or  »  Joatiaa  af  f^aaa  af 
tha  MMtBt;  *ha«  oBoh  oAadar  AaU  dvaO.  ha  hovad  wak 
9  aaOEiaBk  asratiaa,  ia  tha  bbb  af  Xaoo  ai  tha  laaat  to 
tha  load  bJwriaBf,  and  to  to  «attaa»  bavad  bbIiI  aaah  tiaa 
M  tho  pacaaaa  aa  hoaad  do  ooaftw  thaBHol*«o  aarf  oaa*  aa 
tht  abor^  aeaordiac  to  the  tru  wain  of  tha  aid  itilali 
Biada  En  tha  aaid  fall  joar  of  tha  Qaaaa'a  U^aalj'o  rm^i 
and  ha  it  hnhar  Martad.  thai  if  aay  paraoa  or  paraoBa,  ha^ 
palitie  or  eorpotatai  aftar  tba  faaat  of  l^alacoat  B«at  oe^ae 
Aall  haap  or  amialaiB  aaj  irhnnlaaalaf.  whiA  ifaaD  aM  ip  ■ 
to  diBrdi  aa  ia  afcraaOd,  or  ba  allowod  by  tha  fib^  m 
(Mimuj  of  tha  diaooaa  wharo  Mah  irWnl^Mlr  aUI  W  aa 


1650]  j4ct  repealing  several  Clauses  m  Statutes     393 

kept,  shcill  forfeit  and  lose  for  every  month  to  keeping  bint, 
£10 :  provided,  that  no  Budi  Ordinary  or  their  Ministers  shall 
take  anything  for  tlie  said  allowance:  and  Buch'  Bohoolmarter 
or  teacher  presuming  to  teach  contrary  to  this  Act,  and  being 
thereof  lawfully  convid,  shall  be  disabled  to  be  a  teacher  of 
youth,  and  shall  suffer  imprisonmetit  withoat  boil  or  main- 
prize  for  one  yeai;  And  be  it  likewise  enacted,  that  all  and 
every  offences  against  this  Act,  or  against  the  Acts  of  the  first, 
fifth,  or  thirteenth  years  of  her  Majesty's  reign,  touching 
uckuowledging  of  her  Majesty's  supreme  Qovernment  in  causes 
ecclesiastical,  or  other  matters  touching  the  service  of  God 
or  cuniing  to  church,  or  establishment  of  true  religion  in  this 
realm,  shall  and  may  be  enqmrable  as  well  before  joatioes 
of  peace,  as  other  justices  named  in  the  same  statutes,  within 
one  year  and  a  day  after  every  such  offence  comtmtt«d :  any- 
thing in  this  Act,  or  in  any  other  Act  to  the  contrary  not- 
witlutauding ' ;  and  all  and  every  the  branches,  clauses,  articles, 
and  provisoes  expressed  and  contained  in  any  other  Act  or 
Ordiuance  of  Parliameut,  whereby  or  wherein  any  penalty  or 
punishment  is  imposed,  or  mentioned  to  be  imposed  on  any 
person  whateoi-ver,  for  not  repairing  to  their  respective  parish 
churches,  or  for  not  keeping  of  holy  days,  or  for  not  hearing 
<  oinmoii  Prayer,  or  for  Epeaking  or  inveighing  against  the 
Book  of  Common  Prayer,  shall  he,  and  are  by  the  authority 
iiforosaid,  wholly  repealed  and  made  void. 

And  it  is  also  hereby  enacted  and  declared,  that  all  pro- 
CL-eUings  hud  or  made  by  virtue  of  any  the  clauses,  branches, 
<ji'  nrticles  mentioned  and  contained  in  any  of  the  aforesaid 
Acts,  and  hereby  repeated,  against  any  such  person  or  persona 
as  afoi'i-said,  shall  be  fully  and  wholly  superseded,  made  void 
and  null. 

Provided,  that  this  Act,  nor  anything  therein  contained,  shall 
extend  to  the  taking  away  of  any  Act  or  Ontinanoe  made  by 
this  present  Parliament,  concerning  the  due  obserration  of  the 
Lord's  day,  days  of  public  thanksgiving  and  humiliation. 

And  to  the  end  that  no  profane  or  licentious  persons  may 
take  occasion  by  the  repealing  of  the  said  laws  (intended 
only  for  relief  of  pious  and  poceaUy-minded  people  from 
the  rigour  of  them)  to  neglect  the  performance  of  religion! 


CoHxiittitioiHtl  DocmmuHta 


Mhb« 


dvtW,  b*  it  fiirtlicr 

all  mai  vnry  jtetwn 

■od  Um  lArribN^n  thvw('ikU  (iMraif  m 

far  tbtir  aliMBea)  spon  avK;  Lonl'i  da/ ,  daji  «(  faU*  lhHife»- 

giring  Mid  InuuliktioB.  diHgHttlf  rrMft  to  m«m  pidfiB  f^M 

wImi*  the  MTTMi  ud  winakip  <d  Ood  b  oarami.  ar  d^  W 

pnamt  a  mum  oUmt  pl*M  i>  tfca  pfMti«t  of  ■ 

dit;,  ail^r  of  pnTvr,  pnMhiiic;  nadoif  or  i 

KriptonB,  or  eoaJtiriac  ^ca  tb«  na*. 

And  ha  it  EbHW  dwknd  t?  tka  Mlbcritj  aim 


dntla*  ftibrcaaid.  aceordiof  to  tk«  tr«t  wbit  havaaf  <Ba« 
iMTing  laaaoaaMt  «uwa  ta  Uw  aulnr;)  d»D  W  4MBad  m< 
tokaa  to  ba  eftwlm  agUHi  tUa  law,  and  i*«D  ba  pnma^i 


M.  Arr  mm  m 

Wh(r>M  tU  PuUamaal  of  Kaffbad.  aAar  tka  t^mm  4< 
Biuch  blood  aaJ  trauara  far  mtffnmiam  of  tW  WfU  aati^b 
ia  InJand.  bav*  bj  tbc  ffood  hand  af  Ood  apoa  iMr  HB^^ 
taUagB,  broMghl  tUt  alair  to  bmJi  m  umw.  aa  that  •  «^ 
ndasanaal  and  HtUaMot  o(  that  mUjob  mtj.  vilfc  OaiV 
blaatisff.  b  i|>aa^  abdad.  to  tW  and  ihttafan  Ite*  *a 
paoplo  of  tliBl  aatiea  m^luiowtbM  ft  ia  Ml  Ik*  iMhaiiB  «< 
Ibo  PuUoMBt  to  oBliffato  thU  wkalt  m 


hwhandman,  plooi^ 
tba  iafcrior  »oii,  ■■ 
•alMBitU^  thwilti  to  Um  P«HiuMBl  af  tW  C^ana*- 
viahk  of  bfkad.  aad  lims  pMaOJr  aad  iifciiitolly  aa^ 
tlMir  eanrwmt^;  and  tiat  otkar*  aba  af  U|kar  raak  aai 
ipalttr  aaj  kM>w  ika  Parliaacal'a  totoattoa  oiiaaaiat  ^^ 
aaaanlii^  to  tka  riaffa«li¥i  daaarila  awl  tmmdtn/6pmm  aaAa 
wUdi  tkar  Ul;  ha  it  MMtod  aad  dtekrad  hf  (fete 
Fariiaaial.  and  bf  Um  aaUMritj  uf  Um  aaa 
«mj  pataea  aad  piBHaa  «f  Iko  liiah  uatka. 


'x3M 


i6sa'  j4ct  for  the  Settlement  of  Ireland  395 

ill  any  of  the  following  qualifications,  sliall  be  liHble  unto 
the  penalties  and  forfeitures  therein  mentioned  and  contained, 
or  be  mitcle  capable  of  the  mercy  and  pardon  therein  extended 
respectively,  according  as  ii  hereafter  expressed  and  declared; 
that  is  U>  say, 

I.  Tliat  all  and  every  person  anil  persons,  who  at  any  time 
before  the  tenth  day  of  November,  1643  (being  the  time  of  the 
sitting  of  the  first  Qeneral  Assembly  at  Kilkenny  in  Ireland), 
have  contrived,  advised,  counselled,  promoted,  or  acted,  the 
rebellion,  murders,  or  massacres  done  or  committed  in  Ireland, 
which  begun  in  the  year  1641;  or  have  at  any  time  before 
the  said  tenth  day  of  November,  164a,  by  bearing  arms,  or 
contributing  men,  arms,  horse,  plate,  money,  victoal,  or  other 
furniture  or  hablemeiits  of  war  {other  than  such  which  they 
shall  make  to  appear  to  have  been  taken  from  them  by  mere 
force  and  violence),  aided,  assisted,  promoted,  acted,  prosecuted, 
or  abetted  the  said  rebellion,  murders,  or  massacrea,  be  excepted  . 
from  pardon  of  life  and  estate. 

II.  That  all  and  every  Jesuit,  prieet,  and  other  person  or 
(lersons  who  have  received  orders  from  the  Pope  or  See  of  Rome, 
or  any  authority  derived  from  the  same,  that  have  any  ways 
contrived,  advised,  counselled,  promoted,  continued,  connten- 
iinced,  aided,  asBisted,  or  abetted;  or  at  any  time  hereafter  shall 
any  ways  contrive,  advise,  counsel,  promote,  continue,  countea- 
nuce,  aid,  assist,  or  abet  the  rebellion  or  war  in  Ireland,  or  any 
the  murders  or  massacres,  robberies,  or  violences  committed 
aguiust  the  Protestants,  English,  or  others  there,  be  excepted 
fruiLi  [Widon  for  life  and  estate. 

in.  That  James  Butler  Earl  of  Onnond,  JamesTouchet  Earl 
of  (.'astlchaveii,  Ultck  Bourke  Elarl  of  Clanricarde,  Christopher 
Pluiiltet  Earl  of  Fingal,  James  Dillon  Earl  of  Roacommon, 
Itichard  Nugent  Earl  of  Westmeath,  Uorrogh  O'Brien  Baron 
of  Inchiquin,  Bonogh  MacCarthy  Viscount  Moskerry,  Theobald 
TnalTi-  Viscount  Taaffe  of  Corren,  Richard  Butler  Viscount 
Mnuntgarret,  Ac,  &c.,  be    excepted  from  pardon  for  life  and 

IV.  That  all  and  every  person  and  persons  (both  principals 
ami  uccesaoriee)  who  since  the  first  of  October,  1641,  have 
or  sliall  kill,  slay,  or  otherwise  destroy  any  person  or  persons 


in  InUa.  -hich  at  IW  tUM  e(  tWlr  Wi«  m  UIU,  ^^M 
ik«traj«d,  vtn  not  pnliUdjr  MtertaiiMd  lad  nnstaiMJ  imm^ 
M  ottam  or  pri*Bt«  Mliian,  for  cad  ob  t»Uf  of  tkm  b^i^ 
aguBitUM  Iriab;  •od  kll  w>d«f«r]r  >>f  ■  wd  pMMM*  (lalk 
priaapKla  «ikd  aMMnriM)  «bi  ai*M  Iba  Mid  &nt  Aij  «f  Oife^K. 
1641,  bttva  kfflad,  lUui,  or  otbfrwia*  dltoyid  amf  fmmm  m 
m  aiitcrtaiiiMl  and  ■aJaUtaad  aa  iAaan  or  frin»»  aaldiM^ 
ilutlwbMlMUerilM  EaHtiib  a^iMt  tka  Inah(lk>^d 
■  to  bOliiic,  ■Ujriag,  or  atWvia*  dwUnjri^,  Mt  W«f 
ilidjr  «BlarlMB«d  and  anuntalaad  m  atwt  ■«  aAmv  « 
« toldiar  asdw  Um  wand  and  pqr  of  llw  Iikh  HMJia 
t  tlw  Eoffliih),  ha asetplMl  Inm  pwdea  Iw  lUbaad  Mtaia^ 
T.  TW  all  and  •vary  |MraM  aad  pansM  b  twiawd,  «fa« 
an  >a  ama  or  otWraiM  W  bgatOttf  afalott  iba  IWfiiMaal 
of  Um  C^BoawMlUi  of  Engfauad,  and  AaU  Mt  wkUa  «fte 
and  twcotjr  imjt  alUr  pwHicatJoa  banaf  b;  tW  CoaalMMan 
Itr  tba  rirUaiMBt.  or  CaiuiaMlcr-i»<.'hM(  hj  daw*  w«a 
and  wboat  lo  Uw  povw  aW  autW{4j  of  Uw  laid  hrii^Ha* 
aad  CooBoawwhli,  aa  tfca  mm  ia  mm  aMaWabod,  ba  •SHftad 
froB  pardon  lor  lib  aad  artati- 

TL  Tka  an  otbor  pwna  aad  pamow  (aol  bai^  ai» 
pribaadad  ia  aa;  of  Um  faracr  qwliftcatinfn)  «bo  b 
'.  ia  Um  war  of  Irdaad  ^lal  ('  ~  ' 
Jioir  (anm,  aa  gaanal,  liaaln 
ai— ry-fiatnJ.  eoloaal,  lumau*  of  aa/  | 
r  fort,  or  who  bavf  bani  twiJajad  ■•  raootariflManI 
ar  traaaaiar  of  Um  «hoU  aatiaa  or  aaj  prmrinca  tbvMC  «i»- 
aiiaatrygaaofal  of  aaalan  ar  pnviriaaa ;  Manlal-fHMa^  m 
awnbal  «f  any  proriaca^  adrooal*  of  Iht  anaf,  or  Msalaoy 
lo  Um  Coaaaa  at  War.  ar  to  aay  gaanal  tl  Um  amy.  «r  af 
aoy  lb*  aaiocal  pra*iaoaa^  la  otdar  to  tba  carryiat  «•  ifc*  «■ 


(Um 

pJnMan  of  Um  PartiaoMat  of  Um  CoaraMnwtaltb  of  "-j^-j 
aad  tbalr  aatataa  farfritad  aad  «i|NM(d  ef  aa  ftdlMolb.  ««.ite 
twa-tbird  patta  of  ibair  r«V*«ti«a  nUlaa  ba  Ud,  tab««.  Md 
dMiMaod  of  Iw  Um  aw  aad  b«M<l  «f  Um  aid  C-««B<««i^* ; 
aad  Um*  tbo  otiwr  lUrd  port  af  tbnr  mU  laipactim  iitrntm  m 
olbar  hada,  to  Iha  prapoctiM  aad  talaa  UwoefCtobo  ^afai 
ta  neb  phon  in  InUad,  aa  Um  PariJiMil.  ia  acdar  ta  Ite 


165a]  Act  for  the  Settlement  of  Ireland  397 

more  efTectnal  settlement  of  tbe  peace  of  this  nation,  shall 
think  fit  to  appoiDt  for  that  purpose)  be  reBpeotively  had,  taken, 
and  enjoyed  by  the  wivet  and  children  of  the  said  penona 
respectively. 

VII.  That  the  Commisaionen  of  Parliament  and  Com- 
tnander-in- Chief  have  power  to  declare,  that  inch  person  or 
persons  aa  they  shall  judge  capable  of  the  FHrliament'e  merv; 
(not  being  comprehended  in  anj  of  the  former  qualifications), 
who  have  borne  arma  agaiDit  the  Farliameut  of  England  or 
their  forces,  and  have  laid  down  arms,  or  within  eight  and 
twenty  days  after  publication  hereof  by  the  Commisaionen 
for  the  Parliament,  and  the  Commander-in-Chief,  ehall  lay 
down  arms  and  submit  to  the  power  and  authority  of  the 
!)nid  Parliament  and  Commonwealth,  as  the  same  is  now 
established  (by  promising  and  engaging  to  be  true  to  the 
same),  shell  be  pardoned  for  their  lives,  bnt  shall  forfeit  their 
estates  to  the  said  Commonweaith,  to  be  disposed  of  as  fcilloweth, 
viz.  two  third  parts  thereof  (in  three  equal  parts  to  be  divided) 

.  for  the  use,  benefit,  and  advantage  of  the  said  Commonwealth, 
and  the  other  third  part  of  the  said  respective  estates  or  other 
lands,  to  the  proportion  or  value  thereof  (to  be  aasigned  in 
Each  places  in-  Ireland,  as  the  Parliament,  in  order  to  tha 
more  effectual  settlement  of  the  peace  of  that  nation  shall 
think  fit  to  appoint  for  that  purpose),  be  enjoyed  by  the  Mid 
persons,  their  heirs  or  assigns  respectively,  provided,  that  in 
ease  the  Commissioners  and  Commander-in-Chief,  or  either  of 
tliem,  ehall  see  cause  to  give  any  shorter  time  than  twenty- 
eight  dnys,  unto  any  person  or  persons  in  arms,  or  in  anj 
garrison,  castle,  or  fort  in  hostility  against  the  Parliament,  and 
shall  give  notice  to  such  person  or  persona  in  arms,  or  in  any 
garrison,  castle,  or  fort,  that  all  and  every  inch  parson  knd 
persons  who  sliall  not  within  ancb  time  as  shall  be  set  duwn 
in  such  notice,  surrender  incb  garrison,  castle,  or  fort  to  the 
power  of  the  Parliament,  and  lay  down  arms,  shall  have  no 
advantage  of  the  time  formerly  limited  in  this  qnalificatira, 

VIII.  That  all  and  every  peraon  and  persona  of  the  Poiuah 
Religion,  who  have  resided  in  Ireland  at  any  time  from  the 
tirst  day  of  October,  1641,  to  the  first  of  March,  1650,  and 
have   not  manifested   their    eonatant  good    afieotiMi    to    the 


39B  CoHSh'tuhonal  Doawmiis 

intWMt  «f  tb«  OawMwvMltk  iiT  laglnd  <tlw  mU  pmmm 
MM  bciag  eoH^mhfodMl  ia  uqr  •f  Um  fanMr  qsMMtMttia^ 
■likl]  totint  MM  Uutd  put  or  tMr  MtetM  ia  Infe^  to  ifa 
mU  ConnunwMltk,  lo  h»  iitfa&iA  of  for  Um  a^  ha^l^ 
kA  MlT«Bta««  of  tlw  mU  CnMMWMkfc;  »Mi  tW  ad^ 
twu  tUrd  pwta  of  tWr  nqMctin  vnalM  «  aOw  ka^  to 
the  iWDportiati  mr  nlo*  UMnvf,  to  bt  iwigmJ  is  aadb  yhM 
is  InlMd,  u  Um  hriiiitnt,  far  Um  nwrt  cfcctMl  •■tkMMi 
of  Um  pMM  oT  1^  iMtiaB,  Adl  Uunk  It  to  ipfiiiil  Iv  Ifal 
|IW|W^  bt  mO^T*^  ^  **^  pMrwo  W  I 
wmipa  iMptoUnlyt  um)  tkat  kO  i 
mUtd  ia  Inhnd  viUoa   tte   U« 


Uw  latofMto  af  Oa  FMh^iM 

of  £i^1*iMi,  htvias  ofifMrtaaitf  to  ilo  ifca  waa,  Aall  ftahil  am 
UUi|MftortMr«totaitol)MaHarUM«id  CoaMOMM^I^ 

IX.  That  all  aad  ararr  pama  aod  ftnoaa  (havtaf  a»  ivi 
Mtata  ia  Inland,  nor  paiioMl  aitoto  to  tW  ntoa  ^  ^ 
paoDcb)  tlMl  ■hall  laf  down  anaa.  aad  Mifawl  to  Iha  fmmm 

'  aalharilj  of  Iha  hrliaant  bj  tha  t 


t65a]  j4ci  for  the  Settlement  of  Ireland  399 

settled,  or  veattd  Id  any  itersou  or  persont  declared  by  the  aaid 
quulificBtions  to  be  rebels  or  delioqueotB,  with  all  reversicns 
or  lemainders  of  sucli  estates  conveyed,  Tested,  limited,  declared, 
or  appointed  to  any  the  heirs,  children,  or  issues  of  such  rebel 
or  delinquent ;  which  estate  or  estates,  remainders,  or  reTersioua 
since  the  five  and  twentieth  of  March,  1639,  have  been  or  shall 
be  in  BUch  rebels  or  deliuquenla,  or  in  any  their  heira,  children, 
or  issues  of  such  rebels  or  delinquents,  and  to  all  estates  granted, 
limited,  appointed,  or  conveyed  by  any  such  rebels  or  delinquents, 
unto  any  their  heirs,  children,  or  iasne,  with  all  the  reversions 
and  remainders  thereupon  :  provided,  that  this  shall  not  extend 
to  make  void  the  estates  of  any  English  Protestants,  who  have 
constantly  adhered  to  the  Parliament,  which  were  by  them  pur- 
chased foi'  valnnhle  consideration  before  the  three  and  twentieth 
of  October,  1641;  or  upon  like  valuable  consideration  mortgaged 
to  them  before  that  time,  or  to  any  person  or  persons  in  trust 
for  them  for  satisfaction  of  debts  owing  to  them. 

Provided,  that  if  any  person  or  persona  excepted  by  name 
or  otherwise,  comprehended  in  these  qualifi cations,  have  been 
comprised  within  any  articles  granted  unto  them,  or  agreed 
upon  between  them  and  any  commander  of  the  Parliament'a 
forces  thereto  authorued,  that  such  person  or  persons  ahall 
nevertheless  enjoy  the  benefit  of  those  articlea,  in  case  the 
Commissioners  of  Parliament  in  Ireland  shall  adjudge  them  to 
be  comprised  therein ;  and  that  they  have  observed  and  kept, 
and  continue  to  observe  and  keep  the  Articles  on  their  parts, 
and  that  tieverthelets  it  shall  be  in  the  power  of  the  Parlia- 
ment, or  their  Commissionera,  if  they  see  cauae,  to  transplant 
BQcb  persons  from  the  respective  placee  of  their  usual  habitation 
or  residence,  into  such  other  places  within  that  nation,  as  shall 
be  judged  most  consistent  with  public  safety,  allowing  them 
sncli  proportion  of  laud  or  estate  in  the  parts  to  which  they 
shall  be  transplanted,  as  they  had  or  should  have  enjoyed  <^ 
thuir  own  other  wheie,  in  case  they  had  not  been  so  removed. 


400 


( mi s/itiifn,iitj/  Ihyeumrnts 


i>\    iiiK  I'l^Mi  1  ipiN  •>>   Till    I.ii\<t   rAfti:Avr^* 


^.\|ril  iJ.  l''.v^     ( >i>l  I'Rr'.iid.r    '.  .ri   Ha^'r.     ii    137 

•r^  ■/.".  .|..ii  />.  I'flvf  if*    II.  J71. 


*•-   • 


(hir  inrf|.ri..n  i.  imt  t<i  i:i\c  an  nciount,  at  X\\\%  tim^  <.f  \h§ 
^Tuiiiid-*  w)i!t-)i  lirpt  iii-iieil  Hi  til  taki-  up  •rm^.  ftr.d  rep*;?'  «r 
livr»  ;ti.i  nil  tli.it  wnji  'Irfir  111. ^i  ui  in  lhi«  !:&>:■«.  i."T  \-^  s.;ad 
in  tlii-i  •!i-i  hkiuti- I..  iKr  T.uhiu^  i)i«|»<in»AM  ni  ihr-uifr.  w.-.:s 
hiviiir  I'tox  i'iriK  I'  \\\\\i  Ifil  un.  "r  the  witri**M  \\it  I.- :'i  ^a*t 
h  ri  c*.  Hii-i  i)iM  ni.'i:.\  rik'Mil  ti*«tiin 'hirt  "f  acrjii.ti.cr  «^^-^ 
M«*  linth  L'i\'ii.  til  ttf  p:i:rfrr  enil'-AVnuri  of  Mi*  ua«  rriv 
-tT\.in(«.  mIii!«*  t'.fv  wi[i-  !-•  Il!l•^tiIlL' with  th»-  inAn\  nr. !  iTTvaS 
till!:*  Ill* H  -  :i'  H'-".l  i;i  t' •  w»r».  r*  ■  tK^r  trifci.»Art:  :.•  ::.  XSm 
!!ir»»'  I  :i'i- I.-  ^' ::  L'  i;»Ti«»«it.it«"i.  fur  thr  i|if-:.c^  i-f  *\-^  i^s« 
I  :»ii"  !l.f\  t"nt  u*-^-:lril.  In  Jiavr  rrciUfr  iii.tn  eitr»  r-'-i-Arr 
.1.  r:'-i>.  ti'-  -:i  lif  U  i!.l'  •  vi>li-iit  h\  f-  rni'  r  •i»K'UiA*i"n«  \  'y..^tmi 
ii,  rl..it  l-f'>alf 

.\l'i»i  I'  li:il  ]•!•  !*•«•. 1  <ii'l  1.0?  "ril\  ti»  i«-«!uc»*  IrrU:  «i  Ai^i  ^r? 
11.  *^..ir]  :  i  I. 'it  *•'  M.-ii  \»'ii- u-!\  l«'  Rj|*.»r  fr  Mi»  j**  ^  ^  »• 
\V.  :■  I -•!■:.• :  i'  ■  •  1^1-  lilt  I.- \icii  rr  .  ...i  <«•  .1  irrr*^  i'C*» 
.  !  I  •  »■ .  ii  'I  !.:  .v:!!.'!  t  •  i-rr!'.!  i|;;:i',  ai.-I  tKrrrV\  •\,^  I  a."..»- 
!...!:•  !.".-l  II  rt".;i  i"v  '.I  ».'nr  ti.f  J'-'p'*'  thr  liArrr*!  ■■?  ^.^ 
!'.i:r    !■*'     i;i     \-  .i:.!    M»-»ui.nr.   an^l    t**   wttlr   a  ilur    I.*»n^ 

i  *}.  :i.  i-S:f:>->-  *■'•  •  \i'.  n:  •!  "piritUAl  thiitk:--  «herr  iTit*  tft#« 
\r-  r  ■  ■•  /  i  r  y  ti.r:r  ■:»:•¥.  til-  ir  ••in.' »fc:em'*:.t»  a«  Al«t)  'h-  iT-vaS 
:i!..i  »■!.:■!'■..  ^iii.fcr*  ^*-"-i  '■  *'''t  Ja'I.  nr  ujht  ?'  r  •.h^-n  A 
\*  ;i^  lii»*'-  r     t    !:.  ;■  Ii    u'ritf    t.-    tJi'     *'— -l    Ali-I   Wfli  .k!"'e***r*i      '    'W 


III 


I    !    -f  ?  V  •■ 


t:.-     ..'•!•■    ]>:•  k'rr«N   wIjic.    wa«    ii.A.ie   !:.« 


r  •  ■ 


!:.■  *    -       I   ■' ■*  :t '.•' -!.  iin.'   w'l  1.     th*     ArniT   lir:n|(   ux*«.l.:r.^  Ie 
.    \\  .•  •    '■»•  .:\il  «  .th'-ri**  in  i!;iitt«*r«  ••'  p*"I*rl»  Apc«r- 

.•  •  1*.  •  *A-  Ak::t>ff-i}  V  »t  1. 1-  Kli'lirXirr  \tA  '^.C^t% 
i\  \  •.«  .  .  ■«  r  :  '  r.  I  !■»  ■  !"  I'-irljitri-r:.!  »lr  il  I  l«  *>«;rf4 
.1    'i  •    I  .A    :!*■•■?  t     J  r    ift-i  \  ■ .'.  r  •:*  \  1:.  r***  rm'.i.^  «^A 


■■  •    \ 


r      w 

....  r 


:    :    ■      t    •      •  ••  ;ri»:  .  f  •}..    i  ■  rs-r^»- 
'    r    I  .1   !    1:.  rr  T   mo'J.-:    •««.•.  t.Ai«« 
;•  •  1      ^:     !      ..    !•    p-  li?.    I.  ti    tf> 


1653!  Declaration  by  the  Lord  General  and  CouHcil  401 

wljich  waa  presented  in  August  last;  and  although  they  at  that 
tirae,  signifying  their  good  acceptance  thereof,  returned  URtheukB 
and  referred  tlie  piLrlicularB  thereof  to  a  Committee  of  the 
House,  yet  no  couuderable  effect  vas  prodaced,  nor  any  audi 
progress  made,  aa  niiglit  imply  tlieir  real  intention!  to  accomplish 
what  was  petitioned  for;  but,  on  the  contrary,  there  more  and 
more  appeared  amongst  them  an  aversion  to  the  things  thcm- 
selTes,  with  much  bitterness  and  opposition  to  the  people  of 
Qod',  and  His  spirit  acting  in  them;  which  grew  so  prevalent, 
that  those  persons  of  honour  and  integrity  amongst  them,  who 
h:id  eniiLieiitly  appeared  for  Qod  and  the  public  good,  both 
before  and  throughout  this  war,  were  rendered  of  no  further 
use  in  Parliament,  than  by  meeting  with  a  corrupt  party  to 
give  them  countenance  to  every  on  their  ends,  and  for  effecting 
the  desire  they  had  of  perpetuating  themselvea  in  the  eapreme 
goveinment,  for  which  purpose  the  said  party  long  opposed, 
and  frequently  declared  themselTes  against  having  a  new  repre- 
scnttttiTe :  and  when  they  saw  themselves  necessitated  to  take 
that  Bill  into  consideration,  they  resolved  to  make  om  of  it  to 
recruit  the  House  with  persons  of  the  same  spirit  and  temper, 
thereby  to  perpetuate  their  own  sitting;  which  intention  dive ra 
of  the  activeit  amongst  them  did  manifest,  labouring  to  persuade 
others  to  a  consent  therein  :  and  the  better  to  effect  this,  divert 
petitions,  preparing  from  several  counties  for  the  continuance  of 
this  Parliament,  were  encouraged,  [f  not  set  on  foot,  by  maay 
of  them. 

For  obviating  of  these  evils,  the  officert  of  the  Amy  obtuned 
severul  meetings  with  some  of  the  Parliament,  to  consider  what 
fitting  means  and  remedy  might  be  applied  to  prevent  the 
Eame:  but  such  endeavours  proving  altogether  ineffectual,  it 
became  most  evident  to  the  Army,  as  they  doubt  not  it  also 
\i  lo  all  considering  persons,  that  this  Parliament,  through  the 
corruption  of  some,  the  jealousy  of  others,  the  non-atteodaooe 
and  negligence  of  many,  would  never  answer  tboee  audi  which 
God,  His  people,  and  the  whole  nation  expected  from  them; 
but  that  this  cause,  which  the  Lord  hath  so  greatly  biassed 
and  borne  witness  to,  mast  needs  languish  under  their  hands, 
and,  by  degrees,  be  wholly  lost ;  and  the  lives,  liberties,  and 
comforts  of  His  people  delivered  into  th«r  & 


brtwi 


All  which  bting  Mdly  •■»]  Mnmuly 
pcop]*  of  (kit  tmtion,  u  wttl  m  bj  lh«  Ansf, 
ilbvctiiMi  b*iiig  Miiighl  fran  th«  Lard,  it  Maaad  to  I 
inramLent  apoa  m,  who  hid  M«i  n  nmih  ■!  tiM  fa 
prM«ti[w  of  Ooi  gmtf  alMf  with  ih,  to  cowUir  af  ■ 
HTretoal  meuia  lo  wenn  tlw  mbm  whkh  thi  |m4  | 
this ComnonwMthh  hw)  he«a M lao( mpgad  i*,tmitm 
lightMWBWi  aad  |*mk«  in  thi«i  Mtiam 

And  ilUr  much  dahal*  H  wm  Jadfid  mnmmtf.  mm 
Qpan,  that  tU  NpfMM  anthorilr  ^hmU  b*,  hf  Iba 
dvTolvMl  vpna  fciMWti  pmMW,  BMa  fciring  Ooi,  aai  if 
iDttgrity;  M»d  Utt  gnrirwiil  af  th»  Om— diwiaHfc  i 
nnia  them  fur  a  tim>,  aa  the  »oal  hapdU  waj  la 
and  wunlMann  all  ODtTa  |«apl«,  raiofwi  Ifaa  law,  aad 
JvUm  impartiallr ;  hopiiig  thnwh;  tha  pni^* 
Monarahj,  aiid,  viulanlaHltif  tbdr  tn»  intrt«4  hi  Iha 
of  ■vecMd**  Pafliawawla,  nay  hat*  Iha  iBTarwaal  Mil 
a  traa  baaii,  withont  haaafd  ta  Ihia  ghnioM  avM,  or 
tatiBf  lo  k««p  np  araka  far  Ifaa  iltlaaca  af  Iha 
haiM  atin  nwlnd  to  Ma  aO  m 


I  to  ^««  oa  a  a 
plainly  dahdad  tba  nuMalty  nd  Jaataaaa  of  a 
thiU  bahalf;  ami  dU  avidtBca  that  thM*.  and  not  thai 
thatr  oaaaMcralkn.  wonld  naal  pruhaU;  trine  ^tk  «m 
anawanbU  to  thM  work,  tha  fcnndalioB  whatoof  Oad  1 
hath  laid,  and  ia  naw  arrTing  ob  ia  tha  warid. 

Tha  whidt,  netwHhatandiae.  fannd  no  iiaip^iri 
jaalcad  tharaef,  b  *aa  oAhrad,  that  tha  way  vm  to  < 
atm  thia  paant  hrilBMat,  aa  faaiai  thai  Ihan  < 


■akiof  SM  thmrf  lo  rarrait,  and 


Hpij  hdat  pUalr  lUall  < 
natthw  tho  aatloa.  tha  honaat 
ho  ddadad  hj  awh  daliafa,  tha?  did  aftao  lo  i 
tha  wit  day  b  tha  a  ~ 


'6s3]  Declaration  by  Ihe  Lord  General  and  Council  403 

coDsenled  anio  bjr  the  memberg  present  tbat  endeavours  should 
he  used  that  nothing  in  the  mean  time  should  be  done  in 
Partiament  that  might  exclude  or  frustrate  the  propotala  Ijeforc 
mentioned. 

Notwithstanding  this,  the  nest  moi'ning  the  Fartiameut 
did  miike  more  liaste  than  usaal  in  carrying  on  their  «aid 
Act,  heiiig  helped  on  therein  by  some  of  the  persona  engaged 
to  US  tiie  night  before ;  none  of  them  which  were  then  preaent 
eiideavoui'ing  to  oppoEe  the  lame ;  and  being  ready  to  put 
the  main  qne&tion  for  consummating  the  said  Act,  whereby 
our  aforesaid  pvopoeala  would  have  l>een  rendered  void,  and 
the  way  of  bringing  them  into  a  fair  aud  full  debate  in 
Purliameut  obstructed;  for  preveutiug  thereof,  and  alt  the 
sad  and  evil  col  sequences  which  must,  upon  the  groanda 
aforesaid,  have  enaued  \  and  whereby,  at  one  blow,  the  interest 
of  all  houeat  men  and  of  this  glorioua  caoae  had  been  in 
danger  to  be  laid  \a  the  dust,  aud  theae  nations  embroiled  in 
new  troublea  at  a  time  when  our  enemies  abroad  are  watch- 
ing all  advautagea  against  ua,  and  some  of  them  actually 
engaged  iu  war  with  us,  we  have  beeu  necessitated,  though 
with  much  leluctancy,  to  put  an  end  to  this  Parliament; 
which  yet  we  have  done,  we  hope,  out  of  an  honest  heart, 
preferring  this  cause  above  our  names,  lives,  families,  or 
interests,  how  dear  soever ;  with  clear  intentions  and  real 
purpusea  of  heart,  to  call  to  the  government  persons  of  approved 
fidelity  and  honesty ;  believing  that  as  no  wise  men  will  expect 
to  gather  grapes  of  thorns,  so  good  men  will  hope,  that  If 
persons  so  qualified  be  chosen,  the  fruits  of  a  just  and  righteous 
reformation,  so  long  prayed  and  wished  for,  will,  by  the  bleesing 
of  God,  be  in  due  time  obtained,  to  the  refreshing  of  all  tbon 
good  hearts  who  have  been  panting  after  those  things. 

Much  more  might  have  been  aaid,  if  it  hail  been  our  dcatre 
to  justify  ourselves  by  aspersing  otbeia,  and  raking  into  the 
misgovernmeut  of  affairs ;  bnt  we  shall  conclude  with  this, 
tbat  as  we  have  been  led  by  necessity  and  Provideoce  to 
act  as  we  have  done,  even  beyond  and  above  onr  own  thoughts 
and  desires,  so  we  shall  and  do  in  that  part  of  tbu  great 
work  which  is  behind,  put  ourselves  wholly  upon  the  Lord 
for  a  blessing ;  professing,  we  look  not  to  stand  one  day 
D  d  a 


4'a4  r ^KSiUutunMi  DocutmimH 


•  -  i  :  •  J  r  ••  f.^  '.:.e  L.ri  t.  li'..  uws  ievtructi.c  ft&i^k 
uj.*  -^  h  :«■.:«  M  H^  tV.'^li  bri&|r  f^rth.  and  tc  i.^am 
V  e.'  I .«:  .'-tf  «.::.  fi^^^eft'^t  ipir.tA.  wbtrpia  v«  proaiat  \:jrm 
J  r  ••  :r.  ^  t  T  Hift  Ai«.t**:.CC 

A:.:    *  r    ti:>fte    vir.     fr  f«vf    tb^ir    fcAT   Ai>d     I.tc    to   t^ 

^:.l  f  r  r  »  .*r    .;t:.eu'  lakf    vr  lat«  tA^ci.  c-or  uvm    ib    o«r 

I.  :  :     :.T    ki  \    !.:;:.'.    •  r.      .r    l^OAlfi.   that    w«    mat    «.-C' 
.:     •    U  ...  1:..:.:    a:.:  s<^:i.ff  we  hftTe  m*>ic  au  o:tc& 
:  i:.*  :  a:.'    t:^'  ve  cat  :..•:  do  tL«  leM!  diiboDoor  tberruata 
'lA        .  .    .'e  :  V  -.!:  l-r  ..•  .r  (.cQfun.i:.  azhl  a  i&aia  to  ih» 

V«f  :«-#.:':.  t.-.'s.  a.»i.  tw  IxTc  in  ail  hnmiiitv. 
r  .  .'.•  ii;.e-^  :&:.i  I.tc  cl«  :•  VAid  an^th'r  aad  tui 
r..r..  ti.A*.  •■.  t!.i  y  mftT  }.u'.  t-.-  filc&cc  the  i|pLvraiK«  (>f  %Mm 
i  -•..-':..  KkL  !A.«i.r  accu«<-  tLto.  aiid  to  kaov  t^at  th«  kit 
k'lea*  A  :  •  r.  ..»  >l;ft|tiiia!:.>uj.  wherein  the  Lur^i  hath  m 
\\:.'\*:  *.\  :i|{ra:»-:  2:.  bric«:-:«ff  forth  thctt  tiuD|r*  hf  tkm 
\::k-  %.,  ».:. :  ':  ^  - 'i  i. :  ii;-  •. l.ildrirL.  t;uffLt  to  oLl^Tv  ti»«s  BO  %a 
A  Fw  i:.  I!.'-  Mi-ti  u*  a:.i  i  re  c!  Cbnit.  at  bat  caaac  ot^«a 
L. .:  tr.«^.r  L  '.y  (^rfeieiju.  li^Aui«  thej  aat  Christ  to  W 

•   A  t r*- •  ■ 

Wr  ii..  f.:*:.ir  {,ir|»>.M.-,  U'vi*  it  K^  looir.  more  particolanj 
t<  »:.  u  T.I  ^-r  u:.  it  ( !'  •  ^:  |  .  .<^o-ti:xi^i.  a&d  th«  rwaaoaa  ctf 
t:  .-  !t'<    ^rcat   ac!;.L  AL'i  l\:ai.^.  which  ID  thif  ve  haw 

.   ^<   >i     !v«'!y  iifci«re.  li^t  all  Judgca.  NhanSa.  J 

•  :  t   •    li  .  •    M..     r:-.  I'.\^.:Ti.  ('••:i.xnitt<:ea.  aiii  r«j«am-a»i. 
m:   .  ■•  .        p:     .v..    !!.  f:t  ai.-i  |  ^/  1;:  i:«:Mit<>rt  whataoeier.  «;1 
t.  :*  ('  r..  ..  :.MfA;:;.      ;   ni.y  piftf  *.he:ev^f.  do  pricvcd   IB 
!• «]-«   '.-. r  { i^  -  «  a:  :  ■  ::  ..-ff  .  :i:.ii  a^I  |^r*i'i.8  whataoarer  art  te 
^'  «<     '.^  :.••:. cr  t    tr.^iii  ai  !u-.,v  ai  «iljr:i  r^rliaiue&t  waa  aitl 

-"••.  -'' :     ...     ti.r     i.ftn.'*.    A^d     h\    the    Appomtiaebl,    ci 
i  I  »^  .« .    }   t:f  L  I'i  iii..iiAi  Ait;  !..•  (  uu..vii  u(  t/&ceff% 

WiiX  Man*. 


■         I 


1659]  The  Instrutmttt  of  Government  405 

96.      SUHMONB    TO   A  MeMBBB    OF  TBK  BO-CALUD   BABSBOIOiS 
pARLUliaNT. 

[Juofl  6,  1653.    Old  Pulumnitaiy  Hiitorj,  u.  iji.    8m  Common- 
maUh  and  Fntaetoratt,  li.  183.} 

ForMmuob  as  upon  the  dinolntion  of  the  lat«  Fvliament 
it  became  necuBary  that  the  peace,  ufety,  and  good  goTern- 
meat  of  this  CommoDwealth  should  be  provided  for;  and, 
ID  order  thereunto,  divers  persons  fearing  Qod,  and  of  ap- 
proved fidelity  and  boneatj,  are  by  myself,  with  the  advice 
of  my  council  of  officers,  nominated,  to  whom  tbe  great 
churge  and  trust  of  so  vreighty  affairs  is  to  be  committed; 
and  having  good  assoraoce  of  your  love  to,  and  courage  for, 
Ood  and  the  interest  of  His  cause,  and  of  the  good  people  of 
this  Commonwealth : 

I,  Oliver  Cromwell,  Captain>Oeneral  and  Commander-in- 
Chief  of  all  tbe  armies  and  forces  raiaedi  and  to  be  raised, 
within  this  Commonwealth,  do  hereby  summon  and  require 
you  (being  one  of  the  said  persons  nominated) 

perioually  to  be  and  appear  at  the  Council- Chamber,  com- 
monly known  or  called  by  the  name  of  the  Cooncil-Chamber 
at  Whitehall,  within  the  City  of  Westminster,  upon  the 
4th  day  of  July  next  ensuing  tbe  date  hereof;  then  and  there 
to  take  upon  you  the  said  trust  unto  which  yon  are  hereby 
called  and  appointed,  to  serve  as  »  member  for  the  county 
of  And  hereof  you  are  not  to  fail. 

Given  under  my  band  and  seal  tbe  6tb  day  of  June,  1653. 
0.  Cbomvsll. 

97.    The  Iksibuhimt  ot  Qotxbnhuit. 

[December  16,  . 

The  government  of  the  Commonwealth  of  England,  Scotland, 
and  InliiDd,  and  tbe  dominions  thereunto  belonging. 

I.  That  the  supreme  legislative  authority  of  the  Common- 
wealth  of  England,  Scotland,  and  Ireland,  and  the  dominions 
thereunto  beloogirig,  shall  be  and  reside  in  one  person,  and 
tht  people  asBembled  in  Parliament :  tbe  style  of  which  person 
shall  be  the  Loid  Protector  of  tbe  Commonwealth  of  England, 
Scutlaud,  and  Ireland. 


406  ConitttHhomal  Deaimmh 

n.  TiMt    t^  enrdM  9t   Uw  aUrf 
ftdminittfstioB   of    tbo 
mnd  doauii«M^  voA  Ui« 
PnilMtor,  uuM«d  witk  i 
Ml  amMd  twm^T'MM,  ntr  bi 

UL  Hut  in  writl^  i 

ftnd  other  thtof[«,  whfeh  now  nm  1b  th«  ■«■!  and  Mjb  rf 
t>i«  ktcpci*  of  tU  Ubnty  of  RB|hMl  hf  ulhwitr  af  T  ~ 
mrnt,  shkll  nin  in  tb*  bkim  kni  al;!*  of  tW  L«4  I 
fJNMa  whom,  br  tbe  fntnr*.  ifaU]  bo  drrivod  bO  ' 
ud  booovn  in  Umoo  iIiim  Botiona ;  aarf  boto  tW  y pbt  tf 
ptTdoBt  (oxcopt  In  OBM  of  nanltii  aad  Inoooa)  oarf  boaA 
of  all  furfeltuTM  for  tbo  pibBo  oat;  ul  ^0  |«««n  Ih 
«uJ  rountriM  nnl  damiaiMM  ib  oil  ihi^o  by  tho  ojiiw  of 
the  eoancil.  ond  oaeording  ta  Unm  prMMlo  Md  lb*  kwa, 

IV.  That  iIm  Lorl  Protartor,  Iho  Parikanit  Mtti^  ^d 
diapoao  and  otAm  tbf  mUilia  asd  foroi^  botb  hj  aoa  aa4  IbA. 
for  tbo  paaw  and  good  of  tba  Ibna  naUoi^  by  mmm^  ti 
{■arliBismt;  and  tbat  tfaa  Lonl  PraUotor.  witb  tba  ^wim  mI 
ranaaot  of  tho  najar  part  af  Um  eooadl,  aball  dfafaaa  aad  mtm 
UiR  militia  for  tba  pada  afbrMaid  ia  1^  Jalanab  of  hdiaava. 

V.  Tbai  tLt  Lord  Protoctor,  bj  Um  adviao  rfiiiiiiid.  ^1 
diraot  ia  all  tbiafi  aaaocniiaf  Iht  bai|iiin  and  haldiaf  tf  « 
(ood  oomapoadcaajr  with  fcniga  Uagi^  priaoaa.  aad  iMte; 
and  aln,  with  tbo  eoaaaat  af  tbo  mmjpr  part  of  tba  a^M. 
havt  Um  powar  wt  war  aad  pcaoa. 

TI.  Thai  Um  lawa  ibaU  net  bo  alUcad.  OMfaafci,  ^m- 
galod,  or  rapaalad,  aar  anj  now  la*  Boda,  aor  aay  tac,  dH^p^ 
or  inpooition  kid  apea  Ibo  p«opK  but  bj  BoaMaw  «a^Ba  ia 
PbiUHMat,  aata  oaljr  aa  b  axpraaod  la  tbo  tUftMk  artial^ 

TIL  Tbat  tbaro  aball  ba  a  Parliamaat  iiiniMiaad  tm  ^M 
at  Waataiiwtar  apon  tbo  tbitd  daj  of  Sopt—har.  1*54,  Md 
that  aamaaiTalr  a  Pailiamot  aball  b«  aaaaaMad  ^m  m 
wnrf  lUrd  jf«r,  to  ba  aMoaatod  Am  tbt  diaaolMtiaa  af  ^ 


I  PulkaoMl  to  bo  aaat  ■ 


Tin.  That  B< 
aor  aa]r  aaoMaaito  PkriiaMata,  riwU,  dariaf  tbo  I 
aiaalba.  la  ha  aaooaatad  Iran  lb*  daj  of  4boir  Snt 
a^oanwd,  poorugaad.  or  di«oolrod.  vbheol  thoir  01 


'6531 


The  Instrument  of  Government 


407 


IX.  That  as  well  the  next  as  all  other  successive  Parlia- 
ments shall  l«  iummoned  and  elected  in  manner  hereafter 
eiprrased;  that  is  to  say,  the  persons  to  be  chosen  within 
Englsnil,  Wales,  the  Isles  of  Jersey,  Qaemsey,  and  the  town 
of  Perwick- upon -Tweed,  to  sit  and  scire  in  Parliament,  shall 
be,  and  not  exceed,  the  number  of  four  handrcd.  The  persons 
to  be  chosen  within  Scotland,  to  sit  and  serre  in  Parliament, 
shall  be,  and  not  exceed,  the  number  of  thiity  ;  and  Ibe  persona 
to  he  chosen  to  sit  in  Parliament  for  Ireland  shall  be,  and  not 
exceed,  the  number  of  thirty. 

X.  That  the  penous  to  be  elected  to  sit  in  Parliament  from 
time  to  time,  for  the  several  counties  of  England,  Wales,  tbo 
Teles  of  Jersey  and  Guernsey,  and  the  town  of  Berwick-npon- 
Tweed,  and  all  places  within  the  fame  respectively,  shall  be 
according  to  the  proportions  and  numbers  hereafter  expressed  : 
that  is  to  sav, 


Be-lfordihire 

Bedfurd  T'lwn 

Btrkthire       

Abingdon 

Knding 

BackinghftDuhire  .  .  .  , 
Bilckii'ghsQi  Toirn      .     .     . 

Ajlsabur; 

Wycomb 

(.'nubridgerfilrB  .  .  .  , 
Cambridg*  Town  .  .  ■  . 
('stnbridgB  Univemty  .  . 
Ills  ..f  Ely 

l^uncMtnn 

Truro 

Peuryn 

f*f\.  Looe  kiid  Wwt  Tyvie  . 

CuniljtrUnd 

L'arlJHle 

Durbyshire 

Derby  Town       .     .     .     .     , 

Devon  sbirv 

EieWr 

FiTl.iouth 

CliFuin,  Dsrtmauth,  Hu-dni 

Totnes 

BamiMble 


TtmioD 

HoniloD 

DoTMlahiro 

Dorcbater 

Weymoutb  and  Melromb-Rfgia 

Lymt-Rtgii 

Pools 

Dorhani 

CityofDurhtm 

Enex 

Maiden 

ColohMUr 

OlouoMMnbiie 

Olooceater 

T«wlWibury 

CinncMlar 

Harafbrdihire 

Hsrsfon] 

Leoiiun*t«r 

BsrtfonUhire 

St.  AlbHD'i 

Uertlbrd 

BDntingdonibire 

Hontuigdiin 

Kent 

Cknterbory 

RocbOiter 

Huditone 

Do*er 

Suidwloh 


f  ■•n^tiHi!:ot;al   Doi'Uiufnf- 


i«33j  The  Instrumetft  of  Gowmmmt  409 

The  diitribatian  of  the  penoos  to  be  oboMn  for  SooHmd 
Slid  IraUad,  and  the  Kveral  conntiM,  citiu,  and  placet  therein, 
■bKll  be  accordiug  to  such  proportiona  Knd  namber  ai  iball  be 
agreed  upon  and  declared  by  the  Lord  Protector  and  the  mi^ 
part  uf  the  cooncil,  bofore  the  lending  forth  mite  of  rammoiii 
for  the  next  Farliameut. 

XI.  That  the  lammoDi  to  Parliament  ihall  be  by  mit 
under  the  Qreat  Seal  of  England,  directed  to  the  iboifii  <rf 
the  several  and  reapectiTe  coontiea,  with  inch  alteration  ai 
may  iuit  with  the  preaent  goTemmeut,  to  be  made  bjr  the 
Lord  Protector  and  hie  conncil,  which  the  Chancellor,  Keeper, 
or  Commiaaionen  of  the  Great  Seal  ihall  aeal,  iaae,  and 
tend  abroad  by  warrant  from  the  Lord  Protector.  If  the  Lord 
Protector  ihall  not  give  warrant  for  iMoingof  write  of  aammoni 
for  the  next  Parliament,  before  the  firtt  of  Jane,  1654,  or  for 
the  Trieanial  Parliamente,  before  the  fint  day  of  Angnit  in 
entj  third  year,  to  be  aoooonted  at  aforetaid;  that  then  the 
Chancellor,  Keeper,  or  CommiMionerm  of  the  Great  Seal  tar 
the  time  being,  sliall,  without  any  warrant  or  direction,  within 
eeren  daya  after  the  taid  fint  day  of  June,  1654,  acal,  imaa, 
and  cend  abroad  writa  of  tununona  (changing  therein  what  ia  to 
be  changed  ae  aforeaaid)  to  the  leTeral  and  retpectiTe  Sherifia 
of  Englaud,  Scotland,  and  Ireland,  for  nunniooing  die  Fariia- 
ment  to  meet  at  Wettminater,  the  tiiird  day  of  September  next ; 
and  ihall  likewiie,  within  aeren  daya  after  the  aaid  fint  day 
of  Aaguet,  in  every  third  year,  to  be  accounted  from  the  dia- 
Bolutiou  of  the  precedent  Parliament,  aeal,  iaaue,  and  aend  finth 
abroad  eeveral  writa  of  aummona  (changing  therrin  what  ia  to 
be  changed)  ai  aforeaaid,  for  aommoning  the  Parliamaat  to  meet 
at  WeatmiuHter  the  aixth  of  NoTamber  in  that  third  year.  ILat 
the  said  teveral  and  reapectire  Sherifft  ahall,  within  ten  d^fa 
after  the  receipt  of  aneh  writ  aa  aforeaaid,  eanae  the  aame  to  be 
proclaimed  and  pnbliihed  io  every  market-town  within  hie 
coDuty  upon  the  markat-daya  thereof  betveai  twelve  and  three 
of  the  dock ;  and  thall  then  alio  pnbliah  and  declare  the  eertain 
day  of  the  week  and  month,  for  choonng  ntemben  to  aerve  in 
Parliament  for  the  body  of  the  aaid  eonnty,  aeoording  to  the 
teuor  of  the  aaid  writ,  wliieh  ahall  be  npon  Wedneidaj  fin 
weeks  after  the  date  of  the  writ;  and  ahall  likewiae  declare  the 


.1      ■     ■■    -1-     ■  r  ■       ■!   '     •••  III  1     •     ' 

t«  m»«t  m ;  ud  alwll  Mad  p««ct|ita  lot  iliwinn  lo  W  ayb 

1.  ^1  .ud  nrry  <ilj>,  un.  bwxk.  •  |ha  witUa  U>ai_9^ 

tU  U.jor,  Hkril.  ot  oUiu  heal  hBm  at  auk  air.  tPiK 

bMVD^  ur  ph(«.  wilbiD  tkrM  d*ji  ■Air  tW  i  !■>!  •«  Mp* 

writ  ftud  writi:   wkuli  tW  Mjd  M»yvn,  fiteUk  M^  ^^ 

xa  Hut  u  tk.  d<r  ud  |h>  •<  •k<iia>.  iw  &•«  4 

•kIi  101U1I7.  ud  U»  aid  ll.po.  ShriA  MBft.  a^albi 

h^  Mca,  witUo  Uxlr  cilia,  tnv,  bt>n>>.  a^  !•>- 

r<>|»clir.l;,  .Ul    Ui>  vin  1/  ll»  i^  •btliaK  •«  *• 

Hat.  ntiini  ioto  U»  cliui«7  •iUaii  !•<•«  dip  lav  «•  bM 

•iMiow  of  Ikf  pona  abelal  by  Ik.  (latar  aaalar  ar  dala> 

ua^rllair  kaid>  lal  aih  Wnu  Ina  <a  lb»|aM.iad 

M  II  ia  bcnbf  Mlll«d  in  one  mgia  pa«Mi  Md  ■  FkrliiaMl. 

XIII.  TI>uU.aiiniI.wbo.]alliriuia(lr>al>ill^l(^ 

ur  Uw  nturo,  ur  nagUct  bia  dal;.  ^11  IMU  tk  |  ■■  itlj  tf       1 

•000  aula  or  I»I>1  Ei«Ui  aaajr;  lb  laa  aaaj  ■•  Ik 

■w  far  Ua  Mac. 

Xrr.  Thai  aU  aid  tntj  patioa  aal  pafaan.  ate  haaa 

aidad,  ad>i«d,  aaialad.  or  abalUd  in  an;  war  afaaM  Ik 

Paiiiaaatt,  aiaaa  tk.  Irat  da,  of  Jaaaai;.  ital  (aalaaa  >ti( 

ban  baai  aiaaa  U  Ua  larna  tl  Iba  farbaa aal  pa_ 

tba  alaadoa  af  aajr  aaaban  U  mm  U  lla  aad  '    -  11  iifl. 

XV.  Tbaa  all  aatb,  ala  bata  adriad,  aaialad.  ••    ■    -   ' 

Iba  laUlioa  of  lidaad.  ilaU  ba  diaUad  aad  i«a|abU  te  aw 

la  ba  alaalal,  or  lin  ai>7  Ma  u  Ua  aUdiai  of  aa,  aa^^H 

ant  in  ruUaaaat,'  aa  abo  all  aaab  wU  do  <c  iMI  I^^H 

IbalaaaaCalbalitiaivai.                                             ^^M 

1653]  The  Instrument  of  Government  411 

XVI.  Tbftt  all  votes  and  electJona  given  or  made  contrary,  or 
not  according  to  these  qualifications,  shall  be  null  and  void ; 
and  if  any  peraon,  who  is  hereby  made  incapable,  shall  give 
his  vote  for  election  of  members  to  serve  iu  Parliament,  snch 
person  shall  Iobb  and  forfeit  one  full  year's  value  of  his  real 
estate,  and  one  full  third  part  of  bis  personal  estate ;  one  moiety 
thereof  to  the  Lord  Protector,  and  the  other  moiety  to  him  or 
them  who  shall  sue  for  the  same. 

XVII.  That  the  persons  who  shall  be  elected  to  serve  in 
Parlinmeot,  shall  be  such  (and  no  other  than  such)  as  are 
persons  of  known  integrity,  fearing  Qod,  and  of  good  con- 
versation, and  being  of  the  age  of  twenty-one  years. 

XVIII.  That  all  and  every  person  and  persona  seised  or 
poBseesed  to  his  own  use,  of  any  estate,  real  or  personal,  to 
the  value  of  £300,  and  not  within  the  aforesaid  exceptbne,  shall 
be  ciipable  to  elect  members  to  serve  in  Parliament  for  counties. 

XIX.  That  the  Chancellor,  Keeper,  or  GommissioDsrs  of 
the  Great  Seal,  shall  be  sworn  before  they  enter  into  their 
oEBces,  truly  and  bithfully  to  issue  forth,  and  send  abroad, 
writs  of  summons  to  Parliament,  at  the  times  and  in  the 
manner  before  expressed :  and  in  case  of  neglect  or  failure 
to  issue  and  send  abroad  writs  accordingly,  he  or  tlwy  shall 
for  every  such  offence  be  guilty  of  high  treaion,  uod  snHer  the 
paiijs  and  {>enHlties  thereof. 

XX.  That  in  case  writs  be  sot  issned  out,  aa  is  before 
expressed,  but  that  there  be  a  neglect  therein,  fifteen  days 
after  the  tiMe  wherein  the  same  ought  to  be  issued  oat  by 
the  Chancellor,  Keeper,  or  Commissiouers  of  the  Great  Seal ; 
that  then  the  Parliament  shall,  as  often  as  such  bilnre  shall 
liappen,  assemble  and  be  held  at  Westminster,  in  the  usual 
place,  at  the  times  prefixed,  in  maimer  and  by  the  means 
hereufter  expresied  ;  that  is  to  say,  that  the  Bh6n&  of  the 
several  and  respective  couuties,  sheriffdoms,  cities,  boroughs, 
and  phccB  aforesaid  within  England,  Wales,  Scotland,  and 
Ireland,  the  Chancellor,  Masters,  and  Scholars  of  the  Uni- 
versilies  of  Oxford  and  Cambridge,  and  the  Mayor  and 
BuiliFTs  of  the  borough  of  Berwick-upoD-Tveed,  and  other 
places  aforesaid  respectively,  shall  at  the  several  courts  and 
places  to  be  appointed  as  aforesaid,  within  thirty  days  after 


CoHshtvHonal  DoammUt 


nlMi  to  k>  I 


tha  Mid  fiftepn  A».fm,  cmm 
lh<ir  uid  Mim)  u»d  rNpectiv*  cmatiM,  abanfiiM%  mi 
venitM,  citiM,  bntvngla,  aimI  plKM  ifiiiiiwl,  hj  iaA  fVi^i 
uid  ia  incli  nHUuwr,  m  if  MWkl  uA  mpaliv*  «nti  « 
MunmoaB  te  PuHauetit  nndv  thi  Onrt  Beat  h>d  iaairf  m 
hwn  ftwsrdad  Hoordbg  to  Um  tanor  mionmiA :  Utek  tf  ft 
■h«riff,  or  othar  ptrton  MUkoriMil,  ikAU  >»gh»,t  hit  «  tka 
dulf  h««iti,  tbat  all  uid  wnrj  laah  ahaiff  lai  f**' 
Mthoritrd  u  tSonmiA,  w  iHgbcUBC  bii  or  tUr  ^Bty,  Ad 
for  aTFry  nek  oOroo*,  ba  K^Utj  ^  klgh  tnHsft,  aarf  ^d 
MM»t  tb*  |»iiM  kiul  pwMilttoi  thanof. 

XX!.  That  tU  dark,  (mOid  ->-  ,■-■-     f,  ",,,11, ,1,1 
b  Chancarj  far  Um  Inm  iMtag,  and  all   alhar^  «%•  ^ 


MMla,  ahftU  far  lh«  aatl  farihwil.  ud  it*  t««  HBaai 
IriMnUI  ParUanMOta.  Uu  MXt  day  aftar  MBh  rMwm.  mt 
tka  nuMB  of  Una  aatcnl  paraoaa  ao  ralT— <.  aand  «tf 
plaoaa  far  wbieb  ba  and  tbi^  wan  cbsMB  r«fHlivi^,  « 
Uh  Council ;  who  iball  p«naa  tb*  Mtd  ntua^  amd  sbb 
whatbar  tba  peranoa  «a  tlactad  aad  ratanwd  h«  nA  ai 
•ffiwabla  to  Iba  qtMliiaatioaa,  aad  Ml  diibUd  to  W  a^ 
■nd  tbat  arciy  ptnon  and  panaoa  hainf  ■•  dalj  «laato4.  ^ 
bautf  apprond  of  bf  tba  la^jar  part  of  tba  Cb^hB  to 


XXIL  Tbat  tba  panooa  as  cfcoaa 
•Ibtaaaid,  ar  aajr  afzly  of  tban.  AaD  ha.  aW  ba  da^nd  te 
FkrikBMnt  ef  Eaflaad.  Saotlaad.  aad  Irakad;  mmA  te 
aupraaa  I«(ialativa  powar  tn  ba  and  raaida  is  iW  I^ad 
Protactor  and  aaeb  PkrUaaaat,  \m  naaaar  barata  ■■|iiiiMad 

XXm.  Tbat  tba  Lord  Pmaoiar.vitblhaadrba^lta^^ 
taut  of  tba  CoancU.  aUl  at  any  atbar  tua*  tbaa  k  Mto 
aK|iMiiJ.  whan  tba  BiBiMJttii  of  tba  SCato  abaO  1  hmh.  k 
•aanea  hrtuaaanta  ia  laanaar  bafara  espraaad,  vUak  Ad 
aol  ba  adjeantad.  pron«nMl.  at  diaohad  vitboat  IkAr  aaa 
aosaant.  dnriof  tba  Srat  ibr^  naatha  of  Ibrtr  attti^.  Aad  ■ 
aaa»  of  faltm  war  with  aay  foraifa  fkat«  a  '^-'-  n  ^ 
ba  faatbwhb  lima  1 1  III  Car  tbair  adriaa  a 


i6s3^  The  Insirumettt  of  Government  413 

XXIV.  That  ftU  Bills  agreed  unto  by  the  Parliament,  ahall 
be  preBCnted  to  the  Lord  Protector  for  his  conaent ;  and  in 
case  he  shall  not  give  hit  cousent  thereto  within  twenty  days 
after  they  ehall  be  presented  to  him,  oi'  give  satiBfaction  to 
the  Parliament  wilhin  the  time  limit«d,  that  then,  upon 
declaration  of  the  Parliament  that  the  Lord  Protector  hath 
not  conaented  nor  given  satiafaction,  inch  Billi  ihall  paas 
into  and  become  laws,  although  he  ahall  not  give  hia  consent 
thereunto ;  provided  auch  Bills  contain  nothing  in  them  con- 
trary to  tha  matters  contained  in  these  presents. 

XXV.  That  Henry  Lawrence,  Esq.,  &c.',  or  any  seven  of  them, 
shall  be  a  Council  for  tlie  purposes  expressed  in  this  writing; 
and  upon  the  death  or  other  removal  of  any  of  them,  the  I'arlia- 
mcut  shall  nominate  six  persons  of  ability,  integrity,  and  fearing 
God,  for  every  one  that  is  dead  or  removed  ;  oat  of  which  the 
major  pai't  of  the  Council  shall  elect  two,  and  present  them  to 
the  Lord  Protector,  of  which  he  ahfttl  elect  one ;  and  in  caw 
the  Parliament  shall  not  nominat«  within  twenty  daya  after 
notice  given  unio  them  thereof,  the  major  part  of  the  Council 
hIibII  nominate  three  as  aforesaid  to  the  Lord  Protector,  who 
out  of  them  ahall  supply  the  vacancy ;  and  until  this  choioe  b« 
made,  the  remaining  part  of  the  Council  shall  execute  as  fuUy 
in  all  thinga,  aa  if  their  number  were  fall.  And  in  osae  of 
corruption,  or  other  miscarriage  in  any  of  the  Coancil  in  their 
trust,  the  Farliameut  shall  appoint  seven  of  their  number,  Nid 
the  Council  sis,  who,  together  with  the  Lord  Chancellor,  Lord 
Keeper,  or  Commisiiouera  of  the  Great  Seal  for  the  time  being, 
ahall  have  power  to  hear  and  determine  such  corruption  and 
miscarriage,  and  to  award  and  inflict  poniahment,  as  Uie  nature 
of  the  ofi'euce  shall  deserve,  which  punishment  shall  not  be 
pardoned  or  remitted  by  the  Lord  Protector ;  and,  in  the  interrkl 
of  Parliaments,  the  major  part  of  the  Council,  with  the  consent 
of  the  Lot  d  Protector,  may,  for  corruption  or  other  misouriege 
as  aforesaid,  suspend  any  of  their  number  from  the  exercise  of 
their  trust,  if  they  shall  find  it  juit,  uatil  the  matter  ■bftll  be 
heanl  and  examined  ai  aforesaid. 

XXVL  That   the  Lord   Protector  and    the    m^)or  port  of 
the   Coancil  aforesaid  may,  at  any  time   before  the  meeting 
■  The  naiDM  of  GfUao  msmbo*  an  iiiiMi  1mm> 


of  tlM  Mit  PkriiuMnt,  add  to  tbt  Cwutll  Mcb  ] 

Uhj  aUI  Uiink  fit,  pravlded  Uw   tumW  •#  Oa  ( 

bM  m^  tWntir  to  VMrad  twutf^Ma^  aai  Ob  ^ 

U  impettiomd  Moorditiiilf  by  lb*  hari  fntutm  mit  •■ 

«^)iir  put  vt  tbi  CoaocU. 

XXVII.  11»t  K  eoMtut  }«M«7  uitiM  itaJI  U  bm^. 
.  bdJ  MUUUud  Ibr  nBii»te(iii4i(  af  10,00a  hmm  aal 
I.  mkI  m^ooo  teat,  in  Eoflud,  8«Uud  u4  bJimd, 
r  Um  (UCrBM  aad  •vevrit  j  thmnat,  ud  aIm  fcr  • 
bvbW  of  thifo  Rk  purdi^  of  tba  nh  ;  haMa 
p«r  Mrann  tar  imtttijitig  At  ittw  inrrify  1 
MlniButntioB  of  JbiImb,  bmI  otW  ozpaBMi  «l  tlw  G 
which  roTBBBa  AaU  U  raind  by  tW  a 
WBj*  Bod  vmam  m  riiBll  b*  afiMd  opoo  by  th*  LoH  fwiofci 
Bad  Um  CbBBril,  aad  ■hBll  aal  bo  tabpa  omy  w  T  '  "  ' 
Mr  Um  wBjr  Bgratd  B|no  far  niaiaff  Um  ■ 
hj  Ar  MBMot  of  Um  Lord  Pretntor  bbJ  Um  F 

XXVin.  Tlwl  tb*  (Bid  ymitj  rorano  ibkU  bo  poid  b«B  Ife 
pvblie  uouarjr,  Bad  AbU  bo  iMod  o«t  Cor  Uh  b 

XXtX.   TbBl    IB    <BBi    UMf«    iboD    BBt     bo    • 

to  korp  op  M  frook  B  dofaaco  both  ot 

tbna  ba  on   obaloatot  m^   tba«o(  I 

bo  Mfod  iWoby  ■boU  raBob  i>  baak  I 

Bwl  aot  bi  BMpkjtd   to  bb/    otbar  bm  bit  I7  bmmM  m 

Pu-BaMOt,  or,  in   Um  iBlanob  ill  PBrHawiat.  by  Uw  Lati 

Piolartor  Bad  i^}ar  port  of  tbo  CoaadL 

XXX.  TbBt  tba  nhiag  of  Bwoay  lor  dafrajriof  tbo  ib  ip 
of  tbo  piawttt  oxtnonUBOfj  fcroo^  bolb  at  mo  aod  hmL  m 
ra^eet  of  tbo  |««BNit  won,  aboil  ba  by  woaaot  of  Pkrii  biiI 
BBd  B0«  oUMnriao:  «m  ody  tbot  tba  Lori  Pratootor.  vg* 
kBTUH^ar  fait  of  Ite  CeuKil.  hr|iiiMli^ 


Mb  by  aaa  BMd  had,  rfMll  kn  pnror.  bbUI  tb«  mm^^ 
of  tbo  int  PorBoMnl,  to  nioe  BMOay  far  tba  paffaaao 
ofiinaaiil ;  oad  olao  to  auAa  law*  Bad  ib-iIImwo  far  iLo  ^hb 
ond  ooUmo  of  Umbo  aaliooa  Brfaora  tt  (boll  bo  WBi^^iy. 
I  bo  biadiaff  oad    io   toot,    ualil  ocdar  d«a  bo 


XXXI.  Tbot  Ibo  bkodh  tokMatt,  nati,  nyohtaib  , 


1653I  The  Instrument  of  Government  415 

dictioDi  and  hereditaments  whicb  remsiD  yet  nmold  or 
unriispoBed  of,  by  Act  or  Ordinnnce  of  ParliameDt,  belonging 
to  the  Com  in  on  wealth  (picept  the  forests  and  cbases,  and  tbe 
honouFB  and  manors  belonging  to  tlie  same;  the  UndB  of 
the  rebels  in  Ireland,  lying  in  the  four  counties  of  Dublin, 
C'ovk,  Kildsre,  and  Carlow  ;  the  laads  forfeited  by  the  people 
of  Scotland  in  the  late  wars,  and  also  tbe  lands  of  Papists 
and  delinqoents  in  England  who  have  not  yet  compounded), 
shall  he  Tested  in  the  Lord  Protector,  to  hold,  to  him  and 
his  snccessore,  Lords  Protectors  of  there  nations,  and  ahnll 
not  be  alienated  but  by  consent  in  Parliament.  And  all 
debts,  iincB,  issues,  amercements,  penalties  and  profits,  certain 
anil  cBBUal,  due  to  the  Keepers  of  the  lilierties  of  England 
by  authority  of  Parliament,  shall  be  due  to  the  Lord  Protector, 
and  be  payable  into  his  public  receipt,  and  shall  be  recoTered 
and  prosecuted  in  his  name. 

XXXII,  That  the  office  of  Lord  Protector  otst  these  nations 
shall  be  elective  and  not  hereditary;  and  upon  the  death  of 
the  Lord  Protector,  another  iit  person  shall  be  forthwith 
elected  to  succeed  bim  in  the  Goiemment ;  which  election 
shall  be  by  the  Council,  who,  immediately  upon  the  death 
of  the  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 ;  ftnd,  before 
they  depart  the  said  Chamber,  shall  elect  a  fit  percoD  to 
succeed  in  the  GoTernmenl,  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  shaJI  be  taken 
to  be.  Lord  Protector  over  these  nations  of  England,  Scotland 
and  Tr>'laiid,  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 
Ungistrate  over  these  nations,  or  any  the  dominions  thereto 
belonging.  And  until  the  aforenid  election  be  past,  tbe 
Council  ehall  take  care  of  the  QoTemment,  and  administer  in 
all  things  as  fully  ai  the  Lord  Protector,  or  the  Lord  Protector 
and  Council  are  enabled  to  do. 


i653]  The  Instrument  of  Government  417 

hereditnmenln  of  t\\p  late  King,  Queen,  and  Prince,  of  Arch- 
hishojis  And  Itishops,  Ac.  Doana  and  Ch&ptera,  the  lands  ol 
dfJinijuentB  nnil  forest-lMmlB,  <>t  any  of  (hem,  or  of  any  other 
lands,  tenements,  irjitH  and  hercditanipnts  beJoncing  to  the 
Common  weal  tli,  aliall  nowixe  lie  impracheU  or  mode  invalid, 
but  pliall  remain  t'ood  and  firm ;  and  that  the  securities  given 
by  Act  and  Ordimuice  of  Parliament  for  any  sum  or  sums 
of  nioney,  by  any  of  tho  said  lands,  tbe  excise,  or  any  other 
public  revenue;  and  aleo  the  securities  given  by  the  public 
fnith  of  the  nation,  and  the  engagement  of  the  public  faith 
for  natisfsctioii  of  debts  and  damages,  shall  remain  firm  and 
good,  and  not  be  made  void  and  invalid  upon  any  pretence 
whatsoever. 

XL,  That  the  Articlce  given  to  or  made  with  the  enemy, 
and  afterwards  confirmed  I)y  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  deliii<iueuta'  estates,  may  be 
heard  and  determined  tbe  next  Parliament,  any  thing  in  this 
writing  or  otherwise  to  the  contrary  notwithstHnding. 

XLI.  That  every  Buccessive  Lord  Protector  over  theM 
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  tbe  peace,  quiet  and  welfare  of  theae  nations, 
cause  law  and  justice  to  be  equally  administered;  and  that 
hi-  will  not  violate  or  infringe  the  matters  and  things  con* 
tained  in  this  writing,  and  in  all  other  things  will,  to  hia 
power  and  to  the  best  of  his  understanding,  govern  theee 
nutioiis  according  to  the  lavs,  statutes  and  customs  thereof. 

XLH.  That  each  person  of  the  Council  shall,  before  they 
enter  upon  their  trust,  take  and  subscribe  an  oath,  that  they  vill 
lie  true  and  faithful  in  their  trust,  according  to  the  best  of 
their  kuowledire ;  and  that  in  the  election  of  every  mcceasive 
Lord  Pi-otector  they  shall  proceed  therein  impartially,  and  do 
nothing  therein  for  any  promise,  fear,  faroiu'  or  reward. 


ConstttHtiomal  Dvcumrmtt 


m.  An  OtMXAIMI  BT  niK  pMOOnHI  MK  «■■  Vm 

aw  Ex«uA«B  AVD  Sron-Aim. 
[April  i».  xtt4- 

Hb  Bighnwi  tbe  Loml  hntetiir  of  iba  ( 
Eogkad.  SeoUud  uA  InUnd,  fto.,  uldaf  urta  t 
bow  aaeh  it  might  condacw  to  Ua  glut;  of  Ood  ud  tk»  fM» 
and  wtUm  of  tht  iMftIa  la  Una  vlnla  Um4,  dHk  dtar 
all  thoaa  laU  ttnhappjr  wan  and  dtflaracaa,  Uh  paifb  ^ 
Sratland  AooM  ba  uaitad  with  tha  p^pla  aT  ITailii  I  iito 


■r,  itsi.i 
I  into  Beotlairf  to  isrilB  tha  pMfla  af  llai 
Bathn  VBto  Mch  a  h«p|ir  Umoo,  who  |«>«aadaJ  aa  tar  ifeaNte 
that  Iha  •Una  and  faanogb*  of  Hoatlawd.  by  Ih^  D^ 
coovanad  at  Dalkaith,  tad  agab  at  B£iibBi|b.  dU  i 
of  tha  Mid  UidcA.  and  aaaeot  thamulo;  fcr  Iha  MMpMm  Ml 
parfecting  of  which  Uoioii,  b«  h  crdaiwrd,  aid  it  Ja  ardaiawl 
hj  Ua  Ui^uMM  tha  Lord  Protactar  of  tha  Cbaa^waM 
of  Englaad,  RMllaad  aad  Inhad,  and  tha  <h>«iwtnwo  thsate 
baloaffinr.  by  aad  with  tho  odiioa  aad  eaaaoH  of  lab  ruaii. 
that  all  Uw  paopla  «r  Seodawi  bmI  rf  tha  UaaafOttaarwrf 
fihatkad,  aad  of  aD  tha  dcMtatoaa  Md  laan«>n«i  halaapag 
auto  BeoUud,  an  aad  ahatt  ba,  aad  an  hon^  iaaavpMial 


CotaMoawaalth  vHh  Et^Uad;  aad  ia  arwr  hrHuMM  la  W 
bald  iwwataiTaty  fcr  tte  «ld  Oswaaawathh.  thia^  f^^ 
ahaU  ba  oUad  trm  aad  mtto  far  Soetlaad. 

Aad  far  tha  am  aSwtMl  pfMamtiaa  wt  llria  Uaii^  oMi 
tha  fraadoM  aad  Mblj  of  tha  paopla  ti  tUa  Cmammmwma^ 
ao  watlad.  ba  it  otdaoMd,  aad  it  (a  ocdaiaad  hj  tha  laibwij 
afcwMid.  that  an  tha  |ho^  of  Seatlaiid  aad  af  tha  Ukm  aT 
Orhaay  aad  BhtlkBd.  aad  of  all  tha  doBMaiaai  aad  I 
lalo««tag  cato  Soodaad,  of  what  difraa  or  awdHJaa  i 
ba  diachargad  of  aU  faalty,  bnaiagi,  awviea  a  '  " 
wUeh  b  «  ahaU  ha  ptatodad  daa  aalo  a^  af  Iha  ii 
IMatorit;  af  Chariaa  Slaart,  lata  Ki^  ti  latfaad  aad  I 


1654]  The  Union  with  Scotland  419 

or  Buj  claiming  under  him ;  uid  tb»t  Charle*  Stiurt,  eldest 
■OD,  and  Jamet,  called  Doke  of  York,  Mcond  son,  and  all  other 
the  iiaue  and  poeterity  of  the  nid  late  King,  and  all  and  ever; 
person  and  persons  pretending  title  from,  by  or  under  him, 
are  and  be  disabled  to  hold  or  etqoj  the  Crown  of  Scotland 
and  other  the  dominioni  thereanto  belonging,  or  anj  of  them ; 
or  to  have  the  name,  title,  style  or  dignitj  of  King  or  Qaeen 
of  Scotland ;  or  to  have  and  enjoj  the  power  and  dominion  of 
the  said  kingdom  and  dominions,  or  anj  of  them,  or  the 
bononrs,  manors,  lands,  tenements,  possessions  and  hereditaments 
belonging  or  appertaining  to  the  said  Crown  of  Sootland,  ix 
other  the  domintoDS  aforesaid,  or  to  any  of  them,  anj  lav, 
itatnte,  nsage,  ordinance  or  custom  in  Scotland  to  tiie  oostraiy 
hereof  in  anj  wise  notwithstanding. 

And  it  is  further  ordained  by  the  authority  aforesaid,  that 
the  said  office,  style,  dignity,  power  and  authority  of  King 
of  Scotland,  and  aU  right  of  the  tiiree  Estates  of  Scotland 
to  couvocate  or  assemble  in  any  genenl  Convocation  or  Pai« 
liament,  and  all  conventional  and  I^liamentary  antbori^  in 
Scotland,  as  formerly  established,  and  all  laws,  naages  ud 
customs,  ordaining,  constituting  or  confirming  the  samc^  shall 
be  and  are  hereby  and  from  hencefortli  abolished  sad  utterly 
taken  away  and  made  nnll  and  VMd. 

And  that  this  Union  may  take  its  more  full  effect  and  inteol, 
be  it  further  ordained  by  the  authority  aforaaaid,  that  lk« 
Arms  of  Scotland,  via.  a  cross,  commonly  called  St  Andrew's 
Cross,  be  received  into  and  borne,  from  benoefortb  in  the  Aimi 
of  this  Commonwealth,  as  a  badge  of  this  Union;  and  that  all 
the  public  scab,  seals  of  office,  and  seals  of  bodies  etvil  or 
corporate,  in  Scotland,  which  heretofore  urried  the  Anu  of 
tLe  Kings  of  Scotland,  shall  fnxn  hancafortfa  instead  thonof 
carry  the  Arms  of  this  Commonwealth. 

And  be  it  further  ordained  by  the  aothOTi^  sfomsiid.  tbal 
all  customs,  excise  and  other  imposfai  for  goods  transpoitod 
from  England  to  Sootland,  and  from  Sootland  to  En^aod,  by 
sea  or  land,  are  and  shall  be  so  far  taken  off  and  disBbargad, 
as  that  all  goods  fer  (be  fntars  shall  pa«  as  tttn,  and  with 
like  privileges  and  with  the  like  eha^tea  and  bsidens  finm 
England  to  Scotland,  and  htm.  Sootland  to  England,  as  gooda 
set 


400 


Consh'tHhomal  DoatrnttOa 


p>riiiff  rrom  port  lo  port,  or  fiUcf  to  |4m>  ia  KafkaJ ;  md 
Uut  »ll  itoodi  kUll  ftDd  nay  pua  hclvMB  Seoilud  m4  a^ 
cdlirr  pftfl  Pf  thii  C«wm»Qi»w»ltb  ae  AwkUww  ttwC  with  tfa 
like  |in*il''C''*.  frmloai,  chargna  aaA  hnAmm  m  Mdk  fM4>4> 
pr  ihxll  f«a>  Wtwrrn  Englutd  and  Um  mU  |Mfta  mA  ihaMi^ 
ikfroof,  »njla<r,ttalat#,  iiMf(»or  CMtoai  lo  iht  MMmy  ihOTMi 
ill  «n7  wiM  ■olwilhttJMiiliiifr.  and  that  ktl  ttawl*  pnfcAil*4 
hj  utj  law  now  tn  (vtr*  jn  E^^UimI  to  b*  tn  nay  art  iJ  •«<  W 
En)(Utid  to  aa;  f-itviyn  |Mrt«,  or  UBpo«l«d.  aUl  W  «b4  bwahr 
an  proliibil«d  to  bi  tniiapirted  or  iiB|nrtad  I7  iW  ■«»  W, 
and  apoB  tha  •■»•  ponalttM,  out  0I  Keotlaad  to  aa/  IwHpM 
pirta  aJordiil,  «r  fna  aa;  funiga  |«rta  iaU  Bwtbad, 

And  ba  It  hrtkn  ordaiMd  bjr  Um  ■atboritjr  afsraaaai,  tkl 
all  ctftM,  pnUie  loipaaitiaaa  tad  ttiatinf  ■haUaiiat.  ba 
impoaad,  laicd  and  Itviad  (nm  htaeafactk  |»>f<rtln— Uy  6<a 
tbc.«r)K)tat>aoplco(tlkiaCtaitiBa(nmhkM  uHad. 

Aad  hrtlwr.  to  iba  «imI  UaU  all  diMuaMa  of  laww  mt 
anpenorJtira  impdrtJag  icrritada  aad  w hfa  mty  lifaaiaa 
be  alnliabad  in  SeoUaad.  be  it  hilber  dnkeed  a^  w^m^ 
hr  the  aatbority  afurcaaid,  tbat  aO  iMrilor^  fewpiilw  ^ 
jmiwaw  «r  laada  b  StoUaad,  or  tbe  do«BleaB  Ihwiaati 
bebagins,  aad  ihair  hetn,  datl  ban  aa4  aftar  tbo  tttk  *f 
of  April,  ia  tlM  7«*r  oT  our  Lord  Us4,  ImM  tbair  iiifi  l  11 
bad*  of  tba  raforUto  lord  aa>l  b«A  hj  dead,  cUiter.  fml^i 
ar  eatMAaeal,  to  ba  raaewod  apea  tko  death  of  every  keeika; 
proprietar  or  poeweeor  (aa  aow  IWy  do)  I0  hie  heir  or  hM\ 
hf  aad  aador  aseb  yearlr  tvata,  booae  aad  oaaaal  aarviaa 
H  are  Meotioaed  or  doe  by  aay  dard^  patita.  rharteea  m 
eafraffBMata  aow  to  being,  of  the  nepvctiTa  kadi  Ihandb 
cxproaacd,  or  by  virtae  thewef  eitfayad  wiihoal  naAMiag^ 
doiof  or  parfcraiay  aaj  othar  dMy,  lerria^  walagi  av 
de«aod  whataaenr,  by  naaoa  or  ncoaiiQa  of  lha  m^  toa^ 
or  any  the  elaaaee  or  ooraaala  b  the  miA  deedi^  efaertoe^ 
fateala  or  aafeoffMMla  raBtaiaed,  arlai  what  ia  hnaftat, 
heivb  aad  h««by  partloBlarly  expraeo«d  aad  dodarod :  thai  ii 
to  aey,  herieta,  vbete  the  aasa  an  doi^  doaa  <eartaia  wW» 
the  Maa  ia  alraady  rarUta,  aad  where  the  lae  ia  anavtaa^ 
leaeeMbli  Um)  apea  the  death  of  the  loed,  nod  ape*  fc 
death  or  alkaaliaa  if  the  teaaat,  «r  ooy  of  the^  ->mi  «te 


1654]  The  UnioH  nriM  ScoSand  431 

■ame  have  usually  been  pud,  which  sftid  fine  (not  being  nlreadj 
certain)  Bhall  aot  at  anjr  time  exceed  one  jeftr'a  Talne  of  the 
lands,  and  also  doing  suit  and  serrice  to  nich  Court  wtd 
Courts  Buos,  as  shall  be  constituted  in  Scotland,  in  suob 
manner  as  is  ordained  hf  one  other  Ordinance,  entitled,  au 
Ordinance  for  erecting  Court*  Btron  in  Scotland. 

And  be  it  ordained  by  the  authority  aforesaid,  that  all  and 
every  the  heritors,  proprietors  and  possevon  aforesaid,  and 
tbeir  heirs,  are  and  shall  be  from  henceforth  for  ever  diKhorged 
of  all  fealty,  homage,  vaMaloge  and  servitude,  whieh  is  or  shall 
be  pretended  due  ^m  them,  or  any  of  them,  unto  any  thur 
lords  or  superiors  whatsoeTer,  claiming  dondnion  or  jurisdic- 
tion oTer  them,  by  rirtue  of  the  said  patents,  charters,  deeds 
or  enfeofTments,  and  other  rights  thereof,  or  of  any  clauses  or 
conditions  therein  contained,  other  than  is  before  declared  and 
ordaiued.  And  that  all  the  said  superiorities,  lordships  and 
jurisdictions  (other  than  as  aforesaid)  shall  be,  and  are  hereby 
abolished,  taken  off  and  discharged ;  and  that  all  and  every  the 
said  deeds,  patents,  charters  and  enfeofl^nts  in  that  behalf 
be,  and  are  hereby  declared,  and  mode  so  for  void  and  null ; 
and  paiticularly,  that  all  and  every  the  heritors,  and  others 
the  persons  aforesaid,  and  their  heirs,  are  and  shall  be  for  erer 
hereafter  freed  and  discharged  of,  and  from  all  snita,  and 
appearing  at  or  in  any  their  lords'  or  superior^  courts  of 
jubticiary,  regality,  stuortry,  barony,  bailiary,  heritaUe  sheril^ 
ship,  heritable  admiralty,  all  which,  together  with  all  other 
offices  heritable,  or  for  life,  are  hereby  abolished  and  taken 
away  ;  and  tbat  all  and  every  the  heritors  and  penoDS  aforsHid, 
and  their  heirs,  are  and  shall  be  for  ever  hereafter  freed  and 
discharged  of  and  from  aU  military  serviee,  and  pemoal 
attcndnnce  upon  any  their  lords  or  soperion  ia  expeditieu 
or  travels,  and  of  all  casualties  of  wards'  lands  formerij  held 
uf  the  King,  or  other  superiors,  and  of  the  marriage,  tingle 
and  double  avail  thereof,  non-entries,  eompoiitions  fiw  antriei, 
and  of  all  rights  and  casualties  payable,  if  they  be  demanded, 
only  or  upon  the  committing  of  any  elansea  irritant.  And  that 
the  said  heritors  and  persons  aibreeoid  be  now,  and  bom 
henceforth,  construed,  reputed,  adjudged  and  declared  free  oad 
acquitted  thereof  and  of  and  from  all  and  all  manner  of  holding 


4-a 


ConshhUtuHiil  Doiunuuts 


■•»• 


huit.H.  (iutii*f<,  K*iTii«-f*.  jNT-taml  or  ie:il,  .iu<i  •{••niiiidi  whft*».«^rr 
^otKiT  tliMii  id  Ufiin-  (lfc!,ire«i  amI  i-Niaiiu-«l),  i««>t«ith»tAj*:..^ 
tliH  I  iTBi'i  t  ti'iiur  iif  uiiy  tip  if  ilmlji,  ]iat«iiti.  rufrurfu.*  *«  t 
aiiv  i'lniiM>*.  artii'lc!'  or  cuveitauti  iLrr*  in  L<h1aiut«l  ur  ixk*>£.t:  zjfi 
tn  till*  I'Khliiiiv  ill  aiiv  «ii»f;  m.il  ttiat  iu  time  !•>  c  sr  a^ 
.(III  i-VM'V  ciaiiM-,  (••\i'i.aiit,  Aitiili*.  i:iiOilitii»ii.  or  thic^r  to  tb# 
ruiitr.iry  lionuf,  hh.ill  In*  uiiiitUil  out  nt  all  »uch  dfnit  f^tectJi 
elm:  til-  Hipl  eiifi  Ktiiiii  htH. 

Ami  In*  it  furilit  r  «M!iiii.ril,  that  all  fiiifritur««.  e-cLeaUi. 
Miii|>le,  ur  <•!'  lilf,  iiut  li!i<itArii\ ,  .in  lla^t  heir,  «liirb  li«rit«/  rt 
i-M'li* Htfil.  fiirfi-itf-il  ai-.il  li-il  ti>  ti.e  Kii.^.  lords  >>f  rpf^iT%  ^.c 
I  tiiiT  Mii^iirf:.  ."ki.ill  fpjii  hriicrfirth  fill,  r.-<«  Lea  V  ai^'l  \  rfr:? 
ti>  tl.r  l.niil  rri>t<-c(iir  "t  till*  (  i>thin>ii. wealth  fm  the  tiote  bcia^ 

I'tibM^i  I  itli  A|jnl.  iOf)4.     ( 'fiitirim^l  Ai«lo  if»j't,  Cap    ic 


l':<      An  Obmnamk  ht  ihk    I'ktjnMTfh  ma  )Luxxv.*^%  13 

Si   -rrAJCi' 

l.I'.ii     :;.  i'v:4       I  -.•It  Wat  Ir  !•-;•,  Tr***  Mark  F  I0A4.  |*.  4|| 

«•.  .     *  •!     -11,.    .?•%        nil't      •     ■»     r      •<.!  I -J. 

NSi'ii.t-   iy  ll.t    c  i  .\,  I  :ii..  i.t  i.t  tiif  ( 'ommonvealth  o!   K:.^ 
l.t         S.    !..:>1  :ti.  :    l:i,:i.  •!    |>ul<i:i-!y  iliilarnl  at  Wr«ta;:.»'cr. 

1'    1"   -i'    !.«!•■!.    ii..ir    t    I    •:>'!  .l-titi- li   i-f  the    {•ertom  t..    l« 

•  '  '  ■  It  1  I  *^  *  ..t:.  i.  .1:  il  !i.«  -•  %•  r  1!  I  ••!;!<?  1*  ^.  I  itlt-S  al.*i  |^.«« 
v\s'!.,.  'i.'  '•'..il!  :■•  .».  ■■i".;^'  !..  -■.  i^  |  r  {«'rti-  :.•  a^-i 
i...:i''!-  .1-  !  i.i  ]  ••  i/:rr  I  m  *  •!  '1  ..r-tl  \\  It,*  !•  r\i 
1  I  i  •  ■  .1!  •!  •!  ■  :..  I-  !  J  ir*  •  ;  t!  •  '  '-.ii-ii'.  !c:ii:i-  t:.**  »*:  :.-* 
1  :  • ..  V  .  '  .  -  :  ' ':.  I  ■  1',  J  .If .  .i::.t  1.!.  Ax.  !  ■  ra» 
i  .-     II:.    I.>    -    ;»..  i    t.'.<-    Hit          I   i:!    «>f   *.!.«■    ('.•    1.   k.    )«!    rp    t^ 

I.    ..    ^'    !     t'l      '    .»;  ■.     «:!••:  .wi.    :*    .»!   i--»i'I.    li*  i    a«::f« 

.1  I-'     •    .        .  •!       \    i\.v    |ir-.  :.*   ti-   U-    .:     •« :.    f.r 

*^.     •■:!..»  ♦      !         J  :    I  ■  it;.i:  •  .i.'i  l*ilii"'-  r-   i  tzr^l  wt 

I  ■  :  •      •  i       '       • '.     .  •  I  i:»  i  ii.  i  »fc*irr-  i  ijf     J 

!  :  .    - .    ■    •  •  :.i    1  .     ■  i    I  J    •    ■  ■         \*  ; ■ . .   r  .     ■■■•!.•.•  f  : :r  •  .Xi;. c .1. 

•  '     •;.      p:         ■    '.         .     .         «■     !        **■■■  •!.!:    i.    i:  ■.    !  !.•     v^^.Tal 

'  «   .     ■  ■•  :  1  ..■■'.»  •.        t -.1   *.i  ..■    «.  .1.1  }«  .i« o  ;  :.i^ 

J-:'  ..    ■    I   .  rTr.*!"r.  ■    ■i|.f-»-i,    iLi!    la 


b*  ■     « • 


:   !    It    9....I     .1    >'....    V    ^..1 '...%. .1!  .ti.-i  i  ati&Lii 


i6s4]  Elections  in  Scotland  433 

and  the  pUctt  of  meeting  for  the  election  of  inch  peraon  ilull 
be  at  CsithDeu;  for  the  ahirea  of  SntiierUiid,  Boa  and 
Cromarty,  one,  and  the  place  of  meeting  for  tiia  eleetion  of 
rach  penoD  aball  be  at  Ross ;  for  the  shire  of  InnroeM,  od^ 
and  tjie  place  of  meeting  for  the  eleetion  of  rach  person  shall 
be  in  the  same  shire ;  for  the  shires  of  Elgin  and  Natni,  onc^ 
and  the  place  of  meeting  for  the  eleetion  of  anch  person  shall 
he  at  Elgin;  for  the  shire  of  Banff,  one,  and  the  place  of 
meeting  for  the  election  of  rach  person  shall  be  in  the  same 
shire ;  for  the  shire  of  Aberdeen,  one,  and  the  place  of  meeting 
for  the  election  of  such  person  shall  be  in  the  same  shire ;  for 
the  sliireH  of  Kincardine  and  Forfar,  one,  and  the  jdaoe  tX 
meeting  for  the  election  of  saoh  person  shall  be  at  Forfar;  for 
the  ihires  of  Fife  and  Kinrou,  one,  and  the  place  of  meeting 
for  the  election  of  anch  person  shall  be  at  Fife ;  for  the  shire  of 
Perth,  one,  and  the  place  of  meeting  for  the  election  of  snch 
person  shall  be  in  the  same  shire ;  for  the  shires  of  Idnlithgow, 
Stirling,  and  Clackmannan,  one,  and  the  place  of  meeting  for 
the  election  of  such  person  shall  be  at  Stirling;  for  the  ahires 
of  DunibBrton,  Argyle,  and  Bote,  one,  and  the  place  of  meeting 
for  the  election  of  each  person  shall  be  at  Dumbarton  ;  for  the 
shires  of  Ajt  and  Renfrew,  one,  and  the  plaee  of  meeting  fiw 
the  election  of  rach  person  shall  be  in  ATrshire;  for  the  shir* 
of  Lanark,  one,  and  the  place  of  meeting  for  the  election  ttfmeh 
pereon  Bhall  be  in  the  same  ahire  ;  for  the  ahlre  of  Hid-Lothiaa, 
one.  and  the  place  of  meeting  for  the  election  of  sooh  person 
sIihII  be  in  the  rame  ahire ;  for  the  ahire  of  the  Merse,  one,  and 
the  place  of  meeting  for  the  election  of  snch  person  shall  be  in 
the  same  Bhire  ;  for  the  shire  of  Roxburgh,  one,  and  the  plaoe 
of  meeting  for  the  election  of  inch  person  shall  be  in  the  tame 
shire  1  for  the  shirea  of  Selkirk  and  FeeUee,  one,  and  the  ptaM 
of  meeting  for  the  election  of  such  person  shall  be  at  FseUea; 
for  the  ebire  of  Dumfries,  one,  and  the  plaea  of  meeting  for  the 
election  of  auch  person  shall  be  in  the  same  shire ;  for  tlw  shir* 
of  Wigton,  one,  and  the  place  of  meeting  for  the  elpotion  of 
auch  person  ahall  be  in  tlie  aame  shire;  for  the  shire  of  East- 
Lothian,  one,  and  the  place  of  meeting  for  the  election  of  snoh 
person  shall  be  in  the  same  ahire;  and  for  the  boroughs  ti 
Dornoch,  Tain,  InverneM,  Dingwall,  Nairn,  Elgin,  and  FortroiSi 


4^4 


CoPistitutiuuai  Documemts 


uii^    uit<)  ilif  \iV\Kv  i-t   lutftiii^  ti>r  tiir  ricLtiKii  i  i  rjrt.   y 
hIi.iU  Im   lit  f iiV'-iii*  .^x .  lur  tiii    ktuioutfiip  <•!  liiALit!.  <  ul  •«      aa*: 
Alii'pli'i  IJ.    I'lif.   ii:iil    tltf   ]'l.ic«*  of  lUffti-'h;   l*T  the  fl"    .    _    •' 
Mjih  |»«if»..ii  siiall  I'l- iit  Al»»r'lr»n;  tur  tl.r  l^r  .^'r.*  *i  i   rs*-' 
rhiii<Ii<r    AiIt    itii     M<>i.tr>'-t  .   iiiid  HitfchiD.  ■  lit.-.  Ai«i  X' *  >  <4<* 
iif  nil  tti.'.u  l^'i  ti>'  ('i«*iti>ii  of  Mil  i.  )K-raoii  »'...i'I  f**   At   I'.:.:r« 
for  til"   1    !•>  .jIj-    <-t    l.ii.^tli^'iiw.  l^urvit^trri}.    I'rrt:..   t  _  r  «a 
uinl   Stirling'.   «>'••-.  :ii*-l   tl.^-  j-I.^-i*   i»t   ii:t-ftix4*:  it  xi^  r.#ru^ 
II     feiK'li    {iiiM-n    ^ii.iil    l><-    Hf    Stiriii.tj;    i>r   t:ir    Sr-u^:.*      t 
X.     Ainlitw*.    Nv^iit.    Kirki.;il<i\     ( 'ii|>Ar     Ai.ttrut.'.rr     e«A«e 
I'lttei.wei'ii.  ('r.til.    hLii.fcrinlihi*.    Kinjh  in.   Abi'r^th^r    N^< 
liiVi  iki-iiliii..:.  K:!if':.iiv.  iihii   l'>urnt    l*>..ii.il.  <  i^.  ^lA  \L€  '  .m^ 

■ 

lit  liji  I  li:.L' l>-i  ti.f  iii-i  t:'ii  ••!   •Uili   |«-r»>i  ii  nha'.!   l«    a!  <'«-a*  ^ 
lil'i-  .   l"  r  li.i    1    1    iit'li*  il  Kilu.r-.ir^'r.    tw.«;   l-r  li.«    r-  r   --.:•  .r 
I..ii..iik.  (i   •-u'''M.  KuMn  rk'i''i<.  K  *i.i-*A\.  hru:ri-v.  A>r     I-i  2^ 
:.:.  i  ]  i-.iii.   .1.  T<  ...  •  :  r.  Mi.'l  tlif   |  l.trr  i>t   :..•  tttuff  f..r  !i.r   r.     :«.a 
<■:    '  ii  li    j-:*"'!!    -i.ji'.l    |i"    It?    it..i"i,iivi  .    f  r    tK^    ••■r   3.        :i 
I'.!.  ;!:•'.  >..  I  .ill,   i.>    !ii..i'«       A  i;iiA..  :.»!•■,  \^i.'!>.  li.    K.   •  -^ . 
i  I  >  ii'.  \\  .  :'  i.*'i  .    su.'i  '  fii  i  ■  *  iV.  iiii«'.  .kii^l  til-    I  .jii  e  .  r  :.  r-  "..i^ 
!   I    !f.i    tlr  ::  :.  -I     u«  ii    |    .  -   :.   "■'i.t!     Ir  .ir    1  '.i...*::i-«      I  r  '.-» 
i    I    ■.>•:.-   •■!    1".  •'■!■"■    S.  !hi:iv     .'•■:"[■.•.!;.    I,Aii<iir.    N     lUrw.-k 
l»..;     .*:       :.  ":    II    i!!i:..  •■■i.    •  itf.  .il.  1  tl.r  1  .  1  r  i-f  i:.ri  :  ir  ,•  r    .-"•.« 
I  .••■  ■■'..■!       1    '.   j  •  I  -    1.    ■  ■.■!..    i  r   :i!     1  ..f.i  !f.         Ati  1  i*.  i  •  :  -T"-#r 
!■    ......  1    :.    :    -      1.1    M..!:.  -.-   !    •    I.  i.i    Iii'.tcl   r.    •.*;.    ii* 

.    :      1!       :      I.-     •     ..I.   .'.     f     k*     :   :     tl,.     .rirt'ual    n:.  I       "irr.i 

• 

I".   1  '  I  !    ■     I  I  ;  »    :.  ■      ■■  I  ■  •  .;  :    ?       ■  1     ■  ;.■  •!■..    !•.  •!•    .tx.  i    M  :■•« 

■ 

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1654I  EUctioMS  in  Ireta$ui  435 

Buch  election  for  boronghB  ii  to  be  nude,  QotwithaUndiDg  tlie 
eamc  be  not  within  the  ehire  whereof  inch  peraon  is  Sheriff, 
and  to  cBuae  tbe  eiectioos  to  be  made  acoordiagly ;  which  writa 
the  Chancellor,  Keeper,  or  CommiMioDera  of  the  Great  Seal  of 
England,  for  the  time  being,  shall  aeal,  isiae  and  aead  forth. 
Tuetdai/,  June  fjih,  1654. 
Ordered  by  his  Highness  the  Lord  Protector  and  bis  Council, 
that  this  Ordinance  be  forthwith  printed  and  pablished. 
Hmkkt  Scobxll, 

Clerk  of  the  Council. 

100.    Ak  Obdinanob  bx  thx  P&otbctob  fob  EuonoMSix 
Ibilamd. 


Whereas  by  the  OoTemment  of  the  Commonwealth  of  Eng- 
land, Scotland  and  Ireland,  pnblicl;  declared  at  Weatnunster 
tilts  i6th  day  of  December,  1653,  it  is  declared,  that  the  dia- 
tributioQ  of  the  perEous  to  be  choeen  for  Ireland,  and  ttw 
Eeveral  couuties,  cities  and  places  within  the  same,  shall  be 
according  to  such  proportions  and  nnmber  as  shall  be  agreed 
upon  and  declared  by  the  Lord  Protector  and  the  m^jor  part 
of  the  Council,  before  the  londiiig  forth  writs  of  snmmou  for 
the  next  Parliament :  And  whereas  his  Highness  and  the 
major  part  of  the  Council,  before  the  sending  forth  of  any  writs 
ul'  suujiuous  aforesiud,  did  agree  and  declare  the  diatribation 
uf  the  persons  to  be  chosen  for  Ireland,  acoording  to  tiie 
proportions  aud  numbers  hereafter  mentioned;  it  ia  therefio* 
ordained,  declared  and  agreed  by  bis  Hif^meas  the  Lord 
Protector,  with  the  consent  of  the  Connoil,  that  the  person 
tu  be  chosen  for  Ireland,  and  the  several  oonnties,  dtiea  «ad 
places  within  the  same,  shall  be  aoeording  to  tbe  proportioa 
aud  number  hereafter  expressed  ;  that  is  to  say,  for  the  pnmaoe 
uf  Lfiufiter,  ten ;  that  is  to  say,  for  tbe  oonntiea  of  Meath  and 
Louth,  two ;  and  the  place  of  meeting  for  the  election  of  sn«h 
persons  slioll  be  at  Drogbeda.  For  the  oonntiea  of  Eildare 
and  Wickluw,  two;  for  tLe  oooi^  ai>d  city  of  Dnfalin,  two; 
and  the  place  of  meeting  for  tbe  aledioa  of  aach  peraooa  abaU 


426 


CoHstitutioual  Uocumenis 


lie  Ht  Duliliii.     Fui  tlif  ettuiitie'*  ••!  C'srlow.  Wrxford.  Ktlk* 
ait'i  (^iit>rirp.  twfi;  Aii'l  ttir  \AikCt  of  miwtiob;  fi     tb«   e>c:A  c 
«>i  such  |>«iiiiiiH  shall  t«  lit   Cmluw.      Y**t  th<*  c  u-:tie«  o!   WcaC- 
me«th.   Lon-tttnl    ainl     Kiiitf'i*.   twu;    axi«l     thr    f  !*•  r   of  =>#vt- 
iiit!  for  thi*  r:ccti<'n  of    Mich    per^'iia    ■hftll    L«    a!    iI~;...r«:Ar 
Ki>r  the  |iriiviiii*f    nf    I'lBt«*r.    ir\fii.   Ibtt    la  to    *«%      f  r    tbt 
cniiLtiea  of  n>>«'ii.  Aittriiii  aii-I  Ariu.ikrh.  two.    ii>r   tbr   i.mtm 
nf  ( 'iiiiii-kti-iu'u^   iii*«I    iMi'ist.  oiiP  ;    an<l   tliv  |<U<-r    of  r.-«t.a^ 
for  th«*  i-loiti'iii  (it  inch  |>«ri«>ni  fthftll  b^  at   IWIfMt       Y  r  *>• 
rnuiitioH  if  Pi  iry.   Pone^al  »iti|  T\r  >i:f.  t«<-.   !•  r  thr  t-  mzm    t 
1>fri'v  .iiiil  < 'ti!rr:iiii(*.  oiiv :    .iml   th*-   |tljici.-  of  n:«^T.:.^"  !.-   ua 
r]>i-tii<ii  of  Hurh  |>t'i>in9  ^hall  |i«  At   I'vrnr.      K><r   tf.«r  o  «»:.".« 
of  ('.ivan.  Ki  i::..il.ilk'h    aiiJ    MoiiAchan,    oDr       ai.il    ir.r    |1a.:'     f 
iiii-'tiiii;  f  r  thf  i-lrctinii  nI   riuh  p  !»•  i»»  ihali  i^  at  Kx.:.:t&    .rs. 
I  ••r  thi     I'fi'viucr   of   Muii.''tfi.    liiut- ;    tha!    ii   t'>    •..i.   i  r   !::# 
tiiiitif^  of  Kerry.  Liiiitiii-k   uifl  CUrr,  t««i.  «i.«i  :hr  ]  ■»'«    ' 
ii.K'tii:^'  fi<r  thf  rlri.-ti'  II  of  «iii-h  |«*i«-ii«  kha  1  W  %\  lLft*h.A*ml' 
i  <i  thi   t'itv  .ii.'l  i>>uiit\  i-fth-   liYVi't  I.i:..fii.  k  «i.(i  K:*.!r..A..  <&. 

•  ■  • 

oi:"  ;   !\i;il   ti.r  |<l.i<c   of  iiiictii^*   :<ii    \\i»-  t-ie*  tiuh   i!  »u  h  {•t^cii 

i  .lil  Im-    kT   LiMiri:.n       T'T  Ti      •■■'.ii.'v  ••(  <'iirk       :.•   .    i  t  :;# 

^•\\l«   >f    <      ik    ;i:.ii    ^>     ..!■».!.    >  i.r  .    »ifl    the  |'l^i  •    t^    ::.-^C.:4( 

:>  I     ;i.i    i.t-ri:,    .t   s,..  1.    |-i>':.-    -I.all   \^  at  tVik       >    r   \i^ 

t'WI.-    ■  !     I      ..  i    :      Jl.'i     K:!.-.i  .        ■.'  •■  .    ail'!  t  .«■    I'lUi**    vj!   :..    -t   ;^ 

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i..k.     M.    *.*    kii.  Irl     lliC    itr«A*. 


■C54-5]     Proposed  Parltamtntary  Constitution       437 

of  England  ahall  iiaue,  and  be  dirocted  to  the  Mreisl  Sheri& 
of  tl)e  aforesaid  counties  and  cities,  to  make  the  respeotiT« 
elections  of  the  reapectiTe  penona  to  aerre  in  Parliament, 
for  the  said  reapective  counties,  cities,  towns  and  boronghs, 
according  to  the  dietribntiona  bereiubefbre  declared;  which 
writs  the  Chancellor,  Keeper,  or  Conuaisaionera  of  the  Qreat 
Seal  of  England  for  the  time  being  shall  seal,  iasoe  and 
send  forth. 

HxN.  ScoBim 

Clerk  of  the  CoDDciL 

Tiutday,  ayiA /wu,  1654. 
Ordered  by  his  Bigfanesa  the  Lord  Protector  and  the  Cooneil, 
that  this  Ordinance  be  forthwith  printed  and  published. 
Hur.  BooBXLL, 

Clerk  of  the  Cmutol 


101.    The  C0H8TITUTIORAL  Bill  or  tbe  Fibst  Pabliuunt 

OF  THE  PROTBCTOKATE. 

[t6s4-s.     From  a  HS.  in  tha  poiwwiao  of  Lotd  Braja.    Baa  CsMsm- 
Kralt\  and  FreUetoraU,  iii  197-1)0,  134-145.] 

An  Ael  dedaring  and  settling  the  govtrnment  of  At  CommomBtaiA  1 1  Nov., 
of  England,  SeoOond,  and  Trtland,  and  tlu  dommUmi    >^H- 
thertto  belonging. 
Be  it  enacted    and   declared   faj   Eia   Hi|^mesi  th«  LotdOu'.i. 
Protector  and  tbe  Parliament  of  tbe  Commonwealth  of  England, 
Scotliiud,  and  Ireland,  and  the  dominions  thereto  belonging; 
and  it  is  hereby  enacted  and  declared  by  the  authority  aforesaid, 
that  the  supreme  legislatire  authority*  of  the  ConunonweaJth 
of  Eugland,  Scotland,  and  Ireland,  and  tlia  dominions  thereto 
belonging,  is  and  shall  reside  in  one  pemn  and  the  people 
aaaembled  in  Parliament  in  manner  following,  that  it  to  say. 
All  Bills  agreed  nnto  by  the  Parliament  shall  be  prcaented  to 
the  said  single  person  for  his  consent,  and,  in  ease  be  diall  not 
give  his  consent  thereunto  within  tw«n^  daya  after  th»y  shall 


4^3 


Cou:>tihitional    iJiHumeut^ 


s*5«-S 


14  N««  . 
16.:  I 

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If   |iri'^>iit«il   \\n\"  i>i  1:.  Ill    k'lvc  kA'iMt4f!i  n  fn  th«    IV*  .a^-«'£: 

Mlllii:i    tli'-    tilii-     illli-'tl.    tiiAt    th»i.    k't   \\    i.:    «    tf.A..    !«••      1'- 
.»ii  I    h.  ii-m--    luw.   ..>t. '.ijri   h'     •?*.!. i     u-t     1  •..••i.!     'r."-*.:.' 
|(i>ii'if>l    p  n  II    I'll.!,   i-   ii*.k  ii    I.  ■'  r.iitf    II.    "  •  :i.        fi'.'ft  «   *.     f«-l 
tii.tt'fi  ■  \%liiMii.i  th<-   •^iii-^'l*-  |iiTft>>:i    !•  l.^re-  •     '.--   %T'-\  \      iai« 
.11'  -jt'  i\  ■ 

Til. it  it  Mii>  hiU  If  iri.'!vi«i  at  .tli)  \\'.\.^  ki-r>A"rr  t  ».'«? 
ilii-  fuhlitti  11  ii.'l  iMisMutnii  i.r  tl.r  .  .\*iri.:..- T.r  f  t  :i« 
('••iiiiii.  iiWi  .tltii  tp'tn  n  ^ii:|/l..  |it-r»*>ii  ai.-I  a  i%:...:r«-*  m 
.t!"!' .»u(<l.  tli.tt  ti>  -.iult  {•:Ii5  thtf  ■iiii.'l**  prr»iri4  i«  Kerr*,  t  ie  ^r*«: 
-)i.»ll  l.-ivi-  .»  iiHL.'a?i^r. 

Ti  :it  tin  lit. if  of  -Mill  ^iii»'lr  iw-r*^  L  I*  Ai:>l  ».*.a11  ^.«  Lx. 
I'li-tnt  I  lit  t(if*  f  <iiiiii-iiiM  •  .itt  •  i<!  Lu»'.B:i-i  S  i.-t  Al>i  ftSi! 
l|t!.il.<l,  :il.<l  tin-  •!■  lull. I    It-  ;iir:iMl!.t-i  lirl>-l.a;i:.< 

l";.!'  li.f  •■:!!' "  i.f  t:.i«  L-T'i  l'r'ilis;l«jr  u\rr  •*!.•■•«  i.a'.;-..e.«  ^sa^ 
If  i-.i'ivi  iii.'l  111.",  hririi: Ar\ 

Tint    llir    lll.lli:.'!     -f   «■".■'  t    :  L'    tl."     fr-t^'*    r      IL    lf.»   ThChZ*"^ 
■:    .1    l'i"!>it   r   ^kiT'.:::k;   tl.*-    l'Aili.«ri.rii*  K   «!.tl!   I*-    tu  .'■     •«    tut 
r.i:  !!.t::i<  :•'    «!.  li!    li..i.i<    ti* 

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1654-5I     Proposed  Parliamentary  CotisHiution       429 

That  the  present  Lord  Prot«otor  thill  lake  nnd  tobicribe  a  15  Dec^ 
BolFmD  oath  for  the  due  calliDg  of  Piu-tiAmenti,  and  the  good  ^/f^ 
government  of  the«e  lutioDB,  and  eyeiy  future  Lord  I^«teotor, 
immediately  nfter  hit  election,  and  before  he  enter  upon  the 
government,  shall  take  and  snbei^rilie  the  same  solemn  oath  for 
the  dae  cnlling  of  Parliament,  and  the  good  govemment  of  these 
nation*;  that  puch  oath  shall  be  taken  in  Parliament,  if  tbo 
Parliament  be  then  sitting,  and  in  the  intervals  of  Pariiament 
in  such  public  place  and  manner  as  the  Coancil  shall  appoint 

That  this  shall  be  the  oath  to  be  ministered  to  IIm  Lord  Cat.  Bl 
Protector,  vii. :  '  I  do,  in  the  presence  and  hy  the  name  of  Qod 
Almighty,  promise  and  airear  that  to  the  uttermost  of  mj 
power,  I  will  nphold  and  maintain  the  true  reformed  Protestant 
Christian  religion  in  the  purity  thereof,  as  it  is  contained  in 
the  Holy  Scriptnrea  of  the  Old  and  New  TestRment,  and 
rncooi-age  the  profession  and  profowon  of  the  same  ;  and  will 
duly  cause  Parliaments  to  be  aammoned  and  called ;  and  that 
I  will  not  wittingly  or  willingly  violatv  nor  infringe  the  libertiM 
and  privileges  of  Parliament,  or  any  of  the  inatten  or  thing! 
containeU  in  the  Act  of  Parliament  declaring  and  aettling  th* 
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,  Btatntet,  eustoma,  and  libertiea 
of  the  people  of  theae  nations ;  and  will  seek  their  peace  and 
welfare  according  to  those  laws,  cnitonu,  and  liberties;  and 
cause  justice  and  law  to  be  equally  and  duly  adminiitercd.' 

That  immediately  after  the  death  of  every  Lord  Proteetor,  ij  Dao. 
and  after  the  election  of  a  succeeding  Lord  Proteetor,  a  Par-  Jj^^ 
liament  be  summoned  to  meet,  if  a  Parliament  be  not  then      '^ 
sitting,  or  not  to  meet  within  fbnr  mmthi  ^rj  torn  of  Ihii 
Act,  or  not  then  already  summoned. 

That  the  exercise  of  the  Chief  Magistraey  ov«r  thla  Coounoo-  (  Dea, 
wealth  and  the  peoi^  thereof  shall  he  in  the  Lord  Kotaolor  i*54- 
assisted  with  the  Council,  the  exerriie  of  which  pow«r  ihall  be  ^^'  '*^ 
accordiog  to  the  reapcctive  lawi  and  cnstomi  of  tbeta  nationi 
of  England,  Scotland,  and  Ireland,  and  the  daminiona  tberennto 
belonging. 

That  after  the  death  of  any  Lord  Protootor,  and  until  the  loDea,, 
next  Lord  Protector  shall  be  dcflted  and  nrom,  the  Coanoil  f^^. 


430  Coushtutional  DommeMis 

shull  taki*  r:.ie  of  iht>  tiiiVfrniiifiit  and  atlniiniar^r  in  ail  is 
ik>i   fullv  All    thi*   L-rd   Trutector    or    the    Ix>nl    I'rotrci* 
<  niiiiril  an*  t*ijii!ili-il  t«i  <!<>. 
Vkf.  I J        Tliiit  iin   VI I  it  of  ^ulnlil«•ll•.  tn  anv   I'arliaii.ent  or  act     <*fr 

Wlit.  |)|-ni*«8-.  |i:itriitK.  C'  liilili-HlOIiii,  lior  KliT  pTOC^^iiia^   !r.  M« 

or  jii^ticv  ihall  Ik,*  «liic--iitiiiueci  ur  iimJr  voi<i  l>j  the  'iestft  i# 
anv  I-«»ni  I'rutort.'r. 

Tir.  13.  riitit  all  uriT".  |>iri.  cvh,  pati-nt*.  i'iimnii4ii>Dii.  ar.ii  f  r.^fk^t'SKt 
in  1.1  A-  III-  ju^ti  r.  M^uii.^  frtli  nr  lirinir  afirr  ar.j  iur-m.^ 
!«•  nl  i'l-'fiif-'i-  -I:a!1  U>  flfi-t'il  Hiitl  fiWiTii.  «KaK  .••-^*  f  fts 
Hinl  U<  III  tiif  I. .Hill'  nt  -iii-li  L'lrl  rp'tri't'T,  ar.'i  &:•  brrv^ 
liti-'-iKil  t<>  fr  if  lull  t>>r«'i'  ill  l.iw  !••  al-  ii.tt  iit^  Ai.ii  |«ryi:«M 
Ai.-i  iii:it  nil  t>  iMier  wii'«.  |ir«'t««.  |wit'i.t-  rurrim'**!*  t.a.  c%'«« 
ai.ii  i-thii'i».  ^tl.lll  r.-iiTiiiUi*  ttinl  U-  in  lull  toirr  a«  Xhrj  », 
ti  tVi*  }'riti  in  it  tl.'-  -.i:  i   I^'fil  I'lot'Ct'T  li-ui  U-rn  ttill  lii.r 

i'*r.  14         riiii'    .ill    wrr-     j.i-Mi-*!*.    rxMinii-^ikp'r.ii.    |«triiU,    irrA:.!^ 

«  tl.ri  tt.ii-.k"*  \%:.:'lt  lirp't- tun-  «)iil  i-r  ruik^M  Lavfu  .1  tm'm 
|UP»i  i  ••!  i"'*  :i  1  iii  ttir  i.ain-  'T  «*vU*  iif  thr  Krrpm  i  Vtm 
I.r-<*rt:i  *•  '■!  l.iik'l-iM-i  l'>  :i'.tt}.<-rity  i-f  I'.tT  liain*  ut.  bKaII  {«••  ftai 
!«■  I.  1:1  ti.f  ii.i'.;f  i-t  till*  L'-i  1  rp'tri'tiT  I'l  tli^  < V  mn;«.tr.«iAl'i 
i>*  Kiju'liiii>i.  S-i'tiiiiiil.  .lU'l  IiiLihil.  anil  till*  ii<>niinioni  tlirrr« 

\\\v  15.        li..«'  -■!' fi  tiiii-   .f  hi-iioiir   !!»   fthall    l*   herrAftrr  c*t^ 

ill   t!.:-  <  •>iiin/>iiWr»ltii.   ol.all   i>r  iifri\fil  from   the   Lori    hiv> 

t>  ( t' r  .  .11.  i  11. a'   !.<•  !i*Ii-  «>f  h<'i.i>ur  her*  after  t*'  be  cvx.: 

tv   (i.r  ii.ii  1    lr<iti-«tiir  "iiall   \»-   lit  rfiit.irT   without  cocarct 

I'.ll  .l:l!lll   !.*  . 

L'Ar    \h        1' .1*  It  !-!..i!I  i.iii   U   ill  tl.i-  |FiWtr  "t  tin-  Nhui  lA>r\l  l*ff\: 

t-  i  »:  !   :•  i!'    I  i-i" 

i     :t*    It   >       .'.    :.    t    i  ••  \\\    ti.<*    (•-  M*!    i-f    tKf    ^A\'\   l^ifd 
l-    J  .'  ■    I.  !:i     •    :, 

1  :.      v.v  I.  r-i  I  :■  *-■•  t-r  w;'!i  ll.f  »■•  i:«flht  nl  the  CVutril  t^al 
i..i\<        u>i     ?   I  ir  !  ii    *  \' •■!  t    i!i  «>«•>•-  of  n.ur  Icr  and  tr^ai^A 
jr   \     •  1  tr    •   I.'    \\-  \  ■    ri*.  :..i   «...  i*.m;l  any  < 'oui^i.j  n  if 
>:/-     T;.j,.    I.;-.  ,,,   .:      •    ,.,    M.:.  ♦tii!»  .f  Sui#  frveti 

^^•■     •.:■■!      I  'H.!' .     1   :.:.  I   ^    .  .i'..rT.!  f.  r   %\  \    in  kladm :!.:»' 
I !       ■  ■  ■..]  •;    .  i:.  i.  *  pi-    j  :   \     •  :  '.  ■  r  t-  r  an^   »e;.! 

I  :.f  .ifc'It      ■    ..|.  .      .        I  .it  ,  .i:..-  :  !     .•    nl.\   rKe\  utlub 

■    '^'   ".'^    •■     !    •  ■   !     »;  >    [•'••.u    f- r    anj    Lremc^   tf 


"6s4-sl     Proposed  Parltamentaty  ConstituHoH       431 

privilege  rf  Parlitunent,  nor  soy  other  ■entence  or  judgment 
thereupon. 

Thftt  Oliver  Cromwell,   CkptMn-Oenerkl  of  the  forces  of  i(  ^o^:, 
England,  ScotUod  tad  IreUnd,  is,  and  ehall  be.  Lord  Pto-qu^t 
lector  of  the  Commonwealth  of  England,  Scotland  and  IreUnd, 
■nd  the  dominioai  thereunto  belonging  for  hia  life. 

That  a  cooetant  yearly  revenue  of  jCaoo,ooo  by  the  year  be  ■>  I)«e.) 
iettled  and  itablisbed  upon  the  now  Lord  Protector,  and  the  r;^^^ 
succeeding  Lordi  Protecton,  for  the  time  being  reepectiTBlj, 
for  defraying  the  neceeaary  chargee  for  adminiatration  of  jnatiea, 
and  other  expenaee  .of  At  government,  and  for  the  atipport 
of  hia  and  their  atate  and  dignity  sa  may  be  for  the  bonunr 
of  thia  Commonwealth  of  England,  Scotland,  and  Ireland :  and 
that  the  aaid  jGaoo.ooo  by  the  year  be  conitantly  paid  ont  of 
the  public  receipt  of  the  Exehequer  by  warrant  of  the  Loid 
Protector  and  the  Council,  and  ahall  not  be  taken  away  nor 
diminiahed  without  the  conaent  of  the  Lord  Protoetor  and  the 
Parliament. 

That  Whitehall,  8t  Jamea'  Uodm  and  Park,  the  ICewh  >9  Dm^ 
8omeraet  Houae,  Oreenwich  Home  and  Park,  Hampton  Conrt,  -'JfM' 
and  the  Honour  and  Manor  of  Hampton  Court,  with  the  pvk> 
■nd  grounds  thereunto  belonging,  Windwr  Caatle,  the  Uttla 
park  there,  and  other  the  land*  therennto  now  behmgii^  wnd 
the  houae  called  the  Manor  near  the  dty  of  York,  with  th^ 
and  every  of  their  appnrtenancea  now  unsold  and  nndispoMd  (4 
he  vested  in  the  preaent  Lord  Proteetor,  for  the  mMotenanee 
of  his  and  their  state  and  dignity,  and  shall  not  be  aliawd 
but  by  consent  in  Parliament. 

That  a  Parliament  be  summoned  to  meet  and  at  at  Wart-  '*¥^-' 
minster  the  third  Monday  of  October,  1656.  Carsot 

That  a  Parliament  shall  be  summoned  to  nwet  and  sit  at  q^|  „, 
Weatmioater  upon  the  third  Uondi^  in  October,  1659,  tnd  so 
likewise  on  the  third  Monday  in  October  in  eroy  third  jnr 
■uccesaively. 

That  neither  this  present  Parliament,  nor  the  PariiuBsnt  Oa.  sa. 
which  shall  be  snmrooned  to  meet  on  the  third  UoaidaT  of 
October,  1656,  nor  the  Parliament  that  shall  be  summoned  to 
meet  on  the  third  Umiday  in  Oetober  in  the  year  1659,  nor 
any  sncceeding  triennial  Parlianient  shall,  dnriiig'the  time  of 


432 


(oushtutumnl  Documfnts 


••"U-J 


tw-ritr-(>ix   W'V'k".   X*»  U*  »■  •■niiii?o«l   lifuii  tb«*  *\\y  cf  tie-.r  fir« 
ni-ftiiiu',    !'•■  .nl|«i'jrn»  ■!.   itr'Miipiir«i.  "T  tii^-iilTfl   vi?h>o*.    \\ 
oHii  rfiiM-itt. 

i'lr.  13.      Tli.it  iii'itlicr  tiki>i  jip^rnt   l'ArliAm<'iit.  miii*h  vKa!!  br  •; 

iii'tfifl  tit  iiii>*t  Hit  t)i«*  1)  in!  Muniiay  in  t  Utft^r.  i^*/i  :.-  r  likr 
I'.-irlMiiiriit  tiiiit  -li.ill  )>i' tiiiiiiiiiiiiC'i  til  mft-t  I'li  tlir  ?hir*  M  .oMf 
ill  l^'t•l:t>l,  M-'i;.  ii>>r  :iiiy  -iii  •  riiivi-  tn^MiM;  r^'t.x=;««t, 
«!  iili  <iiiitiiiiic  ;il--\i«  t\*.utv--i\  werk"  wit^i"Ut  th*-  \^r\  l>> 
tfcTiii'^  o  li-ci.t.  t>i  \f'  hw  Ad  "f  riirliAiiifiit.  ill  wh:r:;  Act 
tht-re  ^linll  >  ••  »  lii]iit*Ml  tiiD'*  f •  r  thrir  mttihtf.  noi  eic««duf 
tliirtiN'ii  wri-ki* 

Vav.  14.  TliRt  ih.'  I>»rii  lY-'t»»ctiT,  with  tho  a.i*ic»*  i.f  tK#  -iW 
{•:iiT  i-f  till*  <'iniii-i!.  shnll  .it  ni.y  I'tKrr  tim<-  tr.An  if  b«i?flv 
i'X|  r»«-M'ii.  \il»pij  t!if  !.•  I  ••*'itjt*  iif  tlif  >t.itr  vh^Ii  rf*i^ir« 
nu'.iiiii'iii  I'.irli.iiiifiitH  ill  iiiRM.tr  hrrr)-y  riiTf-Mi^l.  «K:*  ^  vr^. 
iii>t  )•«*  ;iilj>  uriiM-i,  |>n»Mi/M'- 1.  i  r  'li^^oiml.  wit^^out  tb^  r  m% 
iiiii^fiit.  ili.iiiL'  tii«*  *}•  r<-  ••!'  tt.:r:iiii  wr^-L«,  tn  lir  »rc<  SLttiA 
fi  !ii  tilt*  'Iny  <t  th'ir  tir**!  ■ittii.^.  ni>r  *\\»\\  cnntinur  to  fll 
!••  \«iii'l  tii.it  fiiui*  witi.'iit  ti:«  i*"ii«riit  •!  the  1.  ni  Tr  ttf<ctor  te 
{•-  ^y  Act  111  l':irli;i:iii  lit  in  wiiii  h  A<-t  ifi^'ic  A\%\\  br  a  l.z.it«i 
tiiiH*  t'>r  tlii-ir  iittlMr  Hot  f'i(*i«  iinv;  t«'ur  vt^k*.  pT'TiS^ihil 
m;.  }(  I'lirii  i!!  flit  ^1  .i!l  '-t;  i  Ar.il  \^  lirtfrmii.fal  lir'^rp  the  wtm- 
n  ••i.M.k'  '■'  Kill  li  Tai  liikiiii  lit  h  114  .1  Ft-  itftif'   lirr^(i\  a|;«  irt^^l 

<'\r  ;:.        I  i.tt  t  :.•  luin'!  xiii  t.<  I'm  ii.tiiit  lit  A-.u.  )^  tt    writ  ar>i«r  ite 
1  in  It  >r.il  I.f'  Ki,.'..iit  i.  .Iinv'i'i  t  .  tlir  Nil-  rirtf  %iA    tii^r  .. 

I  ■»!  I  >  rdil.tf    t->   liiw  I  ■•!    til*-     tVrrnl    :ftri  i    lrft|i«-vtiTr    c*>U|ltir« 
I  '..I  mill  iiMMitr  Bi.i)  l''ir::i  t"    1   *a   r  ,; 

().:?••:.    I.- r  i    i'r  tii*<>i    •!   !.':•■('  iii*i.fii«PA!tK  i>f  K&ci**^ 
>•  I    1:  i.   ii.  i  III!  til!    >:  •{  i!.>     i  nii:. •••!.»  tLTriiil'i  )vl'.£.i 
t--  ?'  '    ^J.n.tl  .  !  'fi.    T-   ::  ?y  .  I  .  ^jt%'\\i^       \VK, 

111  t    r  1' 1:  ...i:..<  itf  i.-i  .I.    ■•    Wi -tin:i.»'.t'r  tin*  iMri  iIji%  »  t  S 

*    i-r  tt  .:..'-  cnactril  tfjit  I'Ar'.iAi 
.    ii..t:.ii-  :    .k*   l}:fr«*i:;    it    rvpi 
i'.^;::  iii.ri.t    In-    f.>-!i'i.    at    ihr    VJtf 

\\^     >•!  1  rst    C'lniDtf 

f     k:.i^:.*-    •*.t'./'f.«.  a!.il    Kc] 
*:.«•   ui   .:.*\    If.  i  ur«rtnt    a] 
t-r:  ::.j  i.-    T.'r     '.I'l    .  ;   i    '.•%•:.       ■  f  Tijc  ».ti  1  (\imm^vn« 


!i 

1.   1' 

■  4 

l! 

:• 

»T!1     1. 

•  • 

-1. 

n 

'■■• 

1 . 1 

■ 

I 

■     W. 

*  , 

n- 

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!..    tl. 

it 

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t 

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,  • 

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.-'   . 

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a:    i  ':.•    II.  k.i.ti  : 


■    t 


*r  .     i<i>  r:i.ri  I'ritritAAt  Chx 


i654-5j     Proposed  Parliamenlaiy  ConslittttioH         433 

retigioD  iu  purity  thereof:  wt)  <lu  comiuaud  you  firmly,  enjoining 
that  proclauiatiun  beiug  luaile  of  tbe  day  and  place  oforesaid  in 
uvery  iiini-ket  town  witliiii  your  county,  you  cause,  according 
to  tiic  form  of  the  said  statute,  to  be  freely  and  iadiffeieutly 
choten  by  tbem  whu  aliall  be  present  at  sucb  election  of  the 
most  lit  and  discreet  persons  to  serve  us  knights  with  their 
swords  girt,  for  the  County  of  and  for    the   City  of 

,  citizens  of  the  most  discreet  and  sufRcirnt,  and 
the  names  of  the  samt)  knights,  citizens,  iiud  burgcsscb  so  to 
be  clioseu,  whether  present  or  tibsent,  you  cause  to  Iw  certiHed 
in  certain  indentures  thereupon  to  be  made -between  you  and 
tlieni  who  shall  be  present  at  such  choice,  and  that  you  cause 
them  to  coine  at  tbe  day  and  place  aforesaid;  so  that  the 
knights  severally  may  have  full  and  sufliciciit  power  for  tbem- 
selves  anil  the  [icople  of  that  county  and  liorougli  aforesaid, 
to  do  and  consent  to  those  things  which  thee  and  there  by 
common  counsel  of  tbe  said  Commonwealth  in  Parliament  by 
Uod's  blessing  shall  be  ordained  upon  the  weighty  affairs 
aforesaid ;  so  that  for  defect  of  such  power,  or  by  reason  of 
improvident  choice  of  the  knights,  citizens,  and  burgesses 
aforesaid,  the  said  affairs  may  not  be  left  undone  in  any 
wise,  and  we  will*  that  you  be  n^l  chosen  to  serve  as  kutght 
for  your  said  county :  and  that  the  said  choice  in  your  full 
county  distinctly  and  openly  so  t«  be  made,  you  fbithwith 
certify  to  us  iu  our  Chancery  under  your  seals  and  tbe  seals 
uf  them  which  shall  be  pieseut  at  such  choice,  sending  to  us 
the  other  part  of  the  said  indentures  anuaxed,  together  with 
this  writ:  and  in  your  proceedings  and  execution  hereof,  we 
will  that  you  pursue  and  observe  tbe  several  directions  limited 
and  appointed  by  the  said  Act  of  Parliament.  Witness  our- 
mIvcb,  &c.,'  which  said  writ  the  Chancellor,  Keeper,  or 
(.'ommissioners  of  tbe  Great  Seal  shall  bsue  and  send  abroad 
by  warrant  t'rom  the  Lord  Protector. 

That  in  case  the  Lord  Protector  shall  not  before  the  first  of  Cu.  i 
July,  1656,  give  warrant  for  issuing  out  of  writs  of  Bummons 
lur  a  Piirlianient  to  meet  the  third  Monday  in  October,  1656, 
anil  before  tbe  firat  day  of  July,  1659,  give  warrant  for  issuing 
forth  of  summons  for  a  Parliament  to  meet  the  third  Monday 
in  OctobLT,  1659,  and   before   the  first  day  of  July  in  every 


434                   Constitutiomi  Documttdr               t^^M 

Uiinl  ywu  *ftv  tba  luM  gits  mmiii  tot  immitm  «HM  ^ 

Mmtmia*  fur  «   IWhunL-i.t  to  oMl  cray  Uuid  Mm*v  ■ 

OctoWoivrr  tliirtljroM-ta'.eMHrtlj.  tUtUM  th»C^m^m, 

ihftU.  wtUwut  ur  nmal  or  dinatMM.  wkUo  ama  *^  •*» 

Pkrtiuirol  to  mot  at  WMtaiituUr  Um  tUrd  MuMfa^  i«  OmAk 

Uiua  Uan>b7  »  October  in  ,wttj  lUM  yw  imtumiMj  i  mi 

lU  Mid  touaty  npon  tb»  nuukM  dajt  tiwml^  brt*«M  t«*« 

wd  Ihm  of  tlM  dock,  tad  »Un  tkaa  «Im  t  iilhfc  aarf  *mkm 

Oh  GWUin  daj  ^  thw  «Mk  ud  wwth  ud  ikcMrtua  fhmt» 

elMtiog  df  m«i»t>cii  u.  Mrt«  i»  Fftrli»«t  lor  U«  U^  4 

U»  Bud  enutt;  >ManUiig  to  iU  luor  of  lk>  «M  wril,  «4^ 

•iMtion  thdl  be  vithio  wx  w««ka  kfUr  tki  dkta  of  Iha  ^ 

iBwIo  H  •/LTMttid  :  fur  -bidi  purpoM  tfct  BiMrif  >MI  ^fMB 

to  aMt  in.  ud  iImU  pnMwl  I*  fUetmi  Ulwna  lk»  Imb 

•(  ii|U  avl  dma  Wnn  aou :  •ol  J»U  aaj  |i     l|»    <• 

^^^^  to  U  aab,  to  Um  Ihiiir,  Slarir,  •>  MW  l>d  .Aia,  a< 

^^^■hr  Ua  t«»ipl  <i(i«linil  ud  .liu,  .bi<li  Ik.  .Ml  Hw, 

^^^Klril.  >bI  <«l»r  .«.«>  r>pMU..Ir  >.!!.»  .«U  ^.^i  itt. 

^^^^t  nnipl  u/ th*  told  |«Mf«  anliiMikapiUMkliM^Mi 

.(  tW  cntou  d«r  br  a>li  altMioM  to  b.  aid.  i.  U.  aid 

■toadiiwlgr  witUa  tifU  dqa  altor  p«l>Ualia  >(  IW  _rf 

^            pncqd  aab  ••  •fenaU,  frariU  I1>1  Ite  aid  |>_i  l< 

■           alnltoM  loc  lU  «asl;  <.(  8u>i  lUU  to  .1  lM_. 

■              IU«t  Km  ckr  ud  fkto  oldKUaa,  lb  iOailoiaA 

t0s4-5]    Proposed  Parliatruniary  CoMsHtuHon       435 

cmnty,  utd  the  laid  Uayor,  Sheriffii,  sud  Bailiffa  utA  othtx  »$  Nor.,, 
head  officer  and  oflloon  withiu  th«  oitiei,  towue,  aud  boroaghe  q^^. 
aud  plftces  respectiTeljr,  bIuU  take  view  of  the  nid  oleetiune. 
Mid  ehall  m»ke  retoro  into  the  Chaocoiy,  within  twautjr  dftyi 
»fter  the  Mid  etectioni,  of  the  pencils  elected  bj  the  greoter 
Domber  of  electon  under  the  huide  and  Mil  of  twelve  or  moM 
of  the  uid  eleoton  on  the  behalf  of  himeelf  on  the  one  part,  and 
on  the  behalf  of  the  alectora  on  the  other  pait,  whei-oin  ihall  be 
contaiaed  that  the  petaona  elected  ahall  not  haTe  iwwer  to  alter 
the  goreniment  from  one  eingle  penco  and  a  Parliament. 

That  the  Sberiff  who  ahall  wittingly  or  willingly  make  any  Cat.  aX 
falae  return,  or  wittingly  or  willingly  neglect  hia  duty  in 
execution  of  the  preniiaua,  ahall  incur  the  penalty  of  £3<}o 
of  lawful  Engliah  money,  and  that  erery  Uayor,  Sheriff,  or 
Bailiff,  or  other  head-offiear  of  any  city,  town,  boroogfa,  or  place 
afoieaud,  who  ihall  wittingly  or  wilAdly  make  any  Ealaa  return, 
or  wittingly  or  wilfully  neglect  hia  duty  in  the  •zeentiun  ot 
the  piemiaei,  shall  incur  the  penalty  of  £100  <rf  Uke  lawfol 
English  money ;  the  one  moiety  of  all  and  every  the  penalltet 
aforesaid  to  go  to  the  Lord  Pioteetor,  and  the  other  moiety 
to  such  party  grieved  as  ihall  fcoe  for  the  nme  in  any  of  tha 
C'ourta  of  record  at  Weatmiuater,  by  any  actioo  [irf]  d^it,  UU, 
plaint,  or  information,  wherein  ahall  be  no  wager  (tf  law,  flHioiga, 
or  protection  allowed ;  which  anlt  ahall  not  be  eomiBMoed  until 
the  Parliament  hath  adjudgtd  the  lanu  to  be  aueh  gfleneo  at 
afui«aaid. 

That  all  and  every  peraon  and  peisona  who  have  vohintarily  aj  Hot, 
aided,  adviaed,  aasiated,  or   abetted  in  any  war  ^wnat  th«  ^fr- 
Parliaratut  Biuce  the  first  day  of  October,  1641,  nnbai  tbay        ^ 
have  been  aince  in  the  eerriee  of  tho  Farlianwnl^  aad  given 
signal  tcatimony  of  their  good  affntiona  thereunto ;    and  dn 
all  and  every  person   and  panona  whataoever  prafcaaing  tho 
Popish  religion,  or  that  did   aids,  advise^  aariat,  or  abet  in 
the  Rebellion  'of  Irebwd  before  the  tsth  of  S^anlMr,  1643, 
shall  during  their  Uvea  be  disabled  and  ineapaUa  to  ba  elected 
or  to  give  any  vote  in  eleoUon  at  any  aamlnri  to  mm  in  any 
Parliament. 

That  all  votea  and  aleotiona  givan  or  mndo  oantniy  or  not  Car.  t/». 
according  to  the  aforoMid  gaalMottioii^  ihall  ba  void  and  of 
vffl 


43^  Constitutional  DocnmnUs  .i*s«  f 

iiuiie  etT<'(.t :  iiinl  it  <tii,v  ik-rtoii  »-liu  i%  Kv  xh^te  EiwcvaM^ 
ijiialilii  atii»ii:»  iii-nit*  i  lira  {a)  ill*  ^liall  giTtf  KU  ^utc  for  t'jmttm 
lif  111' iiil»-i>  tu  r-fiTc  ill  I'arliAinmt,  luch  |«n«.*n  •k*li  if. ^€  mad 
fi-rtvit  iiiir  tull  vimi'b  valiif  uf  hii  n-al  ^iUt«  ,  ac^i  c^ic  ftal 
tliini  jiart  ■>!  lii>  i^^rKMial  e^t4lt^  uiie  iiiinety  thcff«^>f  L  Ut 
I.onl  i'mti 'ttr.  .imI  the  ntlier  lunirtv  t«i  hiiu  or  tLe&:  «:■  <tel- 
fiU'j  tiir  till*  Miinr  in  any  nf  the  ('iiurta  of  rvc>  ni  at  \Vr«:nuart«r 
liy  iicti«it  lit  liil't.  Iiill.  |il.iiiit,  ir  iufonnatii'ii  wherein  •^«a11  W 
no  iK:iu'ri'  el  I'lw,  i'v«  i;:n.  or  |inft<*i:tioii  alli>wc«l. 
i'Ar. 31.  Tli.it  till-  i«-r«iii:^  will  -hiill  it*  rlrctol  t*i  fcrrc  iii  i'arl^aaaM 
kIi  ill  l«  hiirh  anil  iu*ue  fXUvr  tiian  wuA\  as  are  perv:c4  ^ 
kiiMWij  iiitfLrritv,  fraiii  ^'  (ii«l.  uiiii  of  K"0*^  ruiiTrraati.  e^  aai^ 
I'liiiL'  uf  tlir  .i^'f  «>f  «<ni.>  ami  twenty  year>.  ai.il  u- t  fuch  aa  urn 
<M«il>!iil  hv  ilir  At  >>t'  til-  irtii  uf  Kiiiic  <'hailr?.  ixir;t&  c^  Ab 
A>  t  ii-r  (li-al'linkT  ull  )*tM'«4'n-  in  iji'lv  (hilei^  tu  rirrc.rt  aa^ 
i^ni|->ial  juiii-ii' tioii  m-  rinthiTtty.  iht  ■uih  a-  arr  p.koc 
iiiini<itrt!i  i-r  |iu)  l.c  I'li-iclKr*  «•!  tlia  (io*-!*-!.  ii<*r  i-.^-k  ai  a^ 
;:  ult-  iT  lii  V  I't  till-  •>t!rM<-«t  inentiMi.eil  in  an  Att  •  f  VmriiMmtM 
liniii  'J  li.ifi  till*  (^rli  III'  AujuM,  I't.'O  nititulr<t  Au  Act 
bf'Vir.t!  ;iiY.ri«tii-.ti.  lii.t-|ilii-iiii>ui.  »ii<l  r&<-t'ralilc  ••|>ii.i'm«  ie\ 
t>T\  t.i  tl.o  )i  li'iir  I't  lt««I  .1..1I  ilt>9t  incline  to  humAa  ».<«<?. 
iki        .  ::i  ii  »•  I'l^-i    liMf  rf\i]>-.    of  reli^i-'ii.  it   of    any    pcnM 

•  I  |i>-<ii  !•  1  |i.'!f"^ii,;:  th*rrof;  ii- r  |«r^>c«  ihMi  hm^ 
iiMM.i-'t  t-r  ^!.  I'.i  iniri>  n  uitt  if  the  r<-|>i«h  rrlx|ri«iB.  <c 
ti  111. I'll  <<i  shiii  ti.iiii  n{i  l.i«  li.iM  01  liiiMrvn.  ir  any  :i 
riiii  i  ••!  ihil'tifii  ui.-V:  ii-  tuiti-n  or  ir<-%ernni«M  is  tkr 
r<  I  .^li  r»\ij\  ii  .  <•!'  *l.;r  »i..t!.  |tr;!.it  i<r  nutTer  »ut*h  ct.iiri  « 
I  hi!!:  Ill   ti>    !  ••    ti.t'.ntl  11]'  111  that   -anl  nli^i-'H.  or  hai^  ipviB 

•  >r  -!  u.i  k'i>i   i..H  ii'iip<"iit  tl..«f   hi4  P>  n  rr  iLiuchtrr  aLaII 
ii::\   <  :   t:.:it   i-  ..j.  >:     I."  |-<-i^>  Ii   t'  lit   ^hjil  «lriiy  ti:#  Scri|Ci 
t>'  ' «-  'i.f  w   i-i   •'  1 1    ;.  <  r  th<-  i^ai  iftii.iiit*.  prayer, 

:i;    '      lij:il«"V    t        !•!;•-    ■■nili.Al  •  •  »    tflt-l;    D**   Cl  mSC4:>«| 

■  .  .1  .    ■:•:■•    I.   I  i  -    -.jV      :    -I     I  r    f a    r   •Mr.irrr    D«T  cunvf  .    ftt 

!  >.:  K  if-i  -  :  i    !.  f  .  :.  J.  t::!/-  r '  ■■'  f«v«-r:.t  i-r  ale-li"aaff«. 
I  ir    ..  1  :.iftt    ....    iti.'i    r\v\      |<  :>•>:.     »:.-!    pr^>n*    u- t    wttkiB    tki 

m!   ir%:i:  1  t-s  f]  *;   .  •  t.A\ii.^'  a..   i-tat<    lu  :ri'«liolil  to  th^    «< 
\  ."  ■•    "I    I   :!_v    p:  liiT.^'-    w;';.::i   .1:  y    »i.u:.ty.    riii:n|r.    iiaiL 
I    ji  >       f  i    '•     if   .n:«  1   ..|>  ..    .  at!>    h»    tiKh   ^K-rairtJ   OC 


1654-5I     Proposed  ParHamentary  CottsliluHoH        437 

re<jnirt^,  and  whicli  uid  oath  the  Sheriffi  or  their  deputies 
»rc  hereby  empowered  to  gWe),  shall  be  capable  to  give  his 
or  their  votes  for  the  election  of  members  for  snch  coonty, 
riding.  limit,  or  place,  where  such  land  or  estate  doth  lie, 
provided  tilts  extends  not  to  alter  any  ancient  customs, 
charters,  privileges  of  any  cities,  boroughs,  towns,  or  corpora- 
tions who  have  hei-eby  right  to  elect  members  of  Parliament, 
but  the  same  to  continue  as  formerly,  anything  in  these  preseota 
to  the  contmiy  notwithstanding. 

That  (be  now  Lords  Commissioners  of  the  Great  Seal  shall  6  Jan., 
forthwith  take  a  solemn  oath  in  Parliament  for  the  due  issuing  ^'~$*' 
and  seniling  abroad  writs  of  summoning  to  Parliament,  accoid- 
itig  to  the  tenor  of  the  Act,  which  onth  shall  be  in  these  words  : 
'  I  do,  in  the  presence  and  in  the  name  of  Almighty  God, 
promise  and  swear  that  I  will,  lo  the  utmost  of  my  power, 
truly  and  faithfully  iseue  forth  and  send  abroad  writs  of 
summons  to  Parliament  at  such  times  and  in  such  manner  as 
is  expressed  and  enjoined  by  an  Act  of  Parliament,  intituled 
An  Act  declaring  and  settling  the  government  of  the  Common- 
wealth of  England,  Scotland,  snd  Ireland,  and  the  dominiont 
thereunto  belonging ' ;  and  such  Chancellor,  Keeper,  or  Com- 
mifsioner  of  the  Great  Seal  as  shall  hereafter  be,  shall  before 
they  enter  unio  their  said  office,  take  the  same  oatb  in 
Parliament  (sitting  the  Parliament),  and  in  the  interval  of 
Pni'liamcnt  the  same  shall  be  administered  to  them  by  the  two 
Chief  Justices,  and  the  Chief  Baron  for  the  time  being,  or  one 
of  them. 

That  if  the  Lord  Chancellor,  Lord  Keeper,  or  Lorda  Com- 
niissiouers  of  the  Great  Seal  for  the  time  lieing  shall  not  inne 
nnd  send  abroad  in  manuer  and  at  the  time*  hereby  to  ibem 
limited  and  ap|)ointed,  writs  of  sammons  to  the  several  and 
respective  Sheriffs  and  other  officen  for  England,  Scotland, 
and  Ireland,  for  summoning  a  Parliament  to  meet  at  West- 
uiiiister  on  the  third  Monday  in  October,  1656,  and  for 
summoning  another  Parliament  to  meet  st  Westminster  on  the 
third  Monday  in  October,  1659  ;  and  for  aummoning  other 
Parliaments  to  meet  at  Westminster  on  the  third  Monday  in 
Octol>er,  every  third  year  succossively  ;  and  shall  not  isane  and 
send  abroad  by  authority  heraof  and  without  farther  warrant 


438  Constitutional  Docummis  '*^-« 

like  writp  of  Mimmonii  1  within  ten  davi  after  the  ^Tfc  itf 
f\t*i\  Ijiiiii  rrot^rt«>r  and  aft^r  th»  r]«Ttion  of 
I'lott^'inr^  for  thr  mini m oil inir  of  a  rarliameot  l«t 
Wrttniiimter  witltin  turty  ilavR  the  nrit  f*ilIoviiiir  fif  a  f' 
lilt  lit  III*  not  tli#>h  •ittiii;:,  or  iiot  tn  mrel  within  f*>iir  ■» 
i-r  lutt  tfirn  .ilrrnilv  Hunimnno*!).  rvenr  *nrh  wilfat 
tsi  Imr  I'f  iPMiiiiL'  aii'i  iM'inlinp  nut  writ  «•/ *iiniinoni  %^ 
i«i  I.er^i'T  ailjiKL'^il  ami  il^Ianii  tn  Im>  II iff h  Tm^uB.  %mA  aS 
ni.fl  PT»'ry  f^inl  ( 'hanrrll- r.  F^'ni  Keeper,  or  I>^  <'4^ 
iivftii'iier  of  tlie  fSrriit  Seal  i«)  iieple«*tinfr  ^^r  failiDtf.  9^*1  W 
:ii!l(iil^p(l  cuiltv  of  Hiffh  Tri*asun.  and  ihall  Miffer  the 
iiini  |i«M:iiItie«  tlirr^o'.  Anil  in  cane  writi  l«  not  w 
:!>.  i-i  iM-t'-iro  i>vjii^«»ei).  bnt  that  tli^re  he  a  nr^Ieet 
t'.t'ti*i-ii  lii^"  Ki'tei  ti.i  tim«*  wherein  ih*-  Minie  ou|rht  to  be 
lilt  I  V  thi*  (  lt:iiireil>ii.  Keeper,  or  C*onimiMionert  t*f  the  Cm 
S^iil.  iuhI  III  r.i4i'  til*'  Slieriff  nr  rlh^r  i^Rcer  phal!  set 
»>iir)i  wrrlt!4  wiTliiii  tit  tern  *\\y%  afi>re«aiii.  that  th^o  every 
Si  iritT  01  oil.i-i  •  ir:rer  «)i>ill  within  ten  tUii  after  tha 
f.|-e«'ii  ihiy-.  A-  tiiliv  t><  all  iiit«*ntp  an*l  piiqN  fi^«  as  if  soek 
li.nl  Wfii  i*>Mii-il  forrh  ami  rnviviil  n*  afor«*«aii1.  eam»p  f«^ 
il.iin:iti>-!i  til  (••-  iiiiiih-  ill  every  niark«*t  t«>«ii  within  hia  ee  thfw 
c  niity  Ml  rxiiiitirii.  iiiiiiik'.  »iiil  plare«  ii^«  n  the  market  datv 
tl-.iri'ff  Ix'twteii  twilvr  Mil  i  tlire«*  .•(  th^  rtork,  deeUnc^  t^ 
•  •r'.iii:  I'lmr  ,\\A  tf.i-  i!.iv  >t  thv  werk  aip'.  month  fi<r 
II*  III!  !nY'*i-«  to  h*  rvf  rm  iNrr*i.t  fi>r  t^e  IbmIt  of  the  vfthi 
fi  r>  iiht  it-.  iiiniL'.  'f  |'!j*.-^*  p  fi-^rtiTrly  in  nirh 
\.  nil  n-  io  i-t  !••:•■  ]>rir  •:«il.  w'  irl.  ii.i)<i  i-ierti'tni  aTF  to  l« 
u  rinii  f\itt:tv  '!.k\-  Nt*t  r  tl.>-  paiiI  ten  iUti.  and  vkAlI 
I'll  ■!♦-  •ill  il-ctj  I;*  til  U"  I  «'!••  ii]  nil  .•id  ererr  fitT. 
Ih.|.  ul'Ii.  .11. 'i  J  I.i-  •  wi'liiii  hii.  .  r  thrir  r-  tn.t^i  \^t  r«4inti«^.  rtdi 
•    pill'    \\  '  •  !r   •  'e  t:i>?  •  are  to  }•••   iniidf,  t"  t)ie   MaroT.  RaillA 

I.I  .!•  •••     t'    f-r  nr  111'.  I ;-  I  f  hh  }i  1  ir\,  town.  Uir-utfh   i-r  ptaam 
w't.  '    *^   ill-  .tft  T   r  M»   ^*\'\\   tf'-'ii  djiy«.  wl.ifh   prer«|4  the 

-i\   \    M.»v   !<.     I'. ii.:"-     iir    .•!•!    I  tt..  •"    i-r  ithceri    rv«tv<cti««ST 

• 

u    '.i-      I    ^■'  !    .    1'.  •    ^"i  r    tV-     !r  •:;!•■•    thi*    »Ald   pfe«-r|f    tf«  ft* 
I     iki     Y       .  ■   I*      :.    •  *    :i!    i   ••'    *i  r    i  •  rfttiti    ■!  •\    ■<  r    Ba*'h    ^h 
■        ■*    ;■    oi-  ■    ;   ■  .     ■     ^»    ••  1        i\.-|.!    '■■.!)  •     .iftrr     prtwlA: 

i  ■     *.\  •     -  .:  !    I  ft    '  I  ■-    T     .    r    I*..    If      r*  ...i    ti«   thr   rnd    tli^r* 

\a'   Ii     ;:»i.ii'-    '   .'    t     !    '    •    lai..«i.  ti!    i:iji\  aaieibliW 


"fij^-sl     Proposed  Parliamepfary  Constitution       439 

held  at  WcstmiDiter  at  the  ubual  plaw,  and  at  the  Baine  iimea 
hereby  appointed;  and  in  case  the  said  Sheriff,  or  Sheriffs,  or 
other  officer  or  officers  outhorieed  oa  nforewid  ■hall  neglect  his 
or  (heir  duty  therein,  bo  ns  through  his  or  their  neglect  there 
shall  be  a  failure  or  disappointment  of  the  said  elections,  and 
rU  and  every  wilful  neglect  or  failnre  by  Euch  Sheriff  or  Sheriffs, 
officer  or  oflirers  authorised  as  aforesaid  is  hereby  adjudged  and 
declared  to  be  High  Treason,  and  eyery  such  Sheriff  or  Sheriffs, 
officer  or  officen.  shall  i>e  adjudged  guilty  of  High  Treaaon, 
and  shall  suffer  the  pains  and  penalties  thereof. 

And  in  ca«e  by  failure  or  neglect  of  the  said  Sbenfffl  and 
other  officers,  election*  shall  not  be  made  before  the  five  and 
twentieth  day  of  Angust.  1656,  of  knights,  citiisena,  and 
burgesws,  to  meet  in  Parliament  at  Westminster  in  the  third 
Monday  in  October  in  the  same  year;  and  if  like  elections  for 
succeeding  Parliaments  ahall  not  l>«  made  before  the  five  and 
twentieth  day  of  August  in  every  third  year  sncceaaiTely ;  that 
in  case  of  any  such  failure  or  neglect,  the  freeholders  of  the 
said  several  and  reipective  counties,  ridings,  and  places,  and 
the  citizens,  burpease*,  and  other  persons  having  voices  in  snch 
elections,  and  being  qualified  ne  aforesaid,  within  (heir  several 
cities,  boroughs,  towns,  and  places  respectively  shall  by  authority 
hereof,  without  any  other  notice  or  warrant,  assemble  and  meet 
on  the  second  Wednesday  in  September  next  following  after 
the  five  and  twentieth  day  of  August  in  every  third  year 
successively  at  the  places  where  they  [met]  formerly  for  the 
selection  of  members  to  the  then  Ia«t  preceding  Parliament, 
and  there  between  the  hours  of  eight  and  eleven  in  the  fore- 
noon, sliall  respectively  proceed  to  the  election  of  snch  fit  and 
discreet  persons  qualified  aa  aforenid  to  serve  in  Parliament 
as  knights,  citizens,  and  burgetaes  for  their  said  several  coontiet, 
ridings,  cities,  Ixiroughs,  towns  and  places  respectively,  as  if 
write  of  summons  had  been  issued  and  sent  abroad ;  and  at  the 
<lny  and  place  of  election  such  justices  or  justice  of  peace  of 
every  the  paid  connlies,  ridings,  and  places  respectively  who 
ahall  l>e  present  at  the  aaid  elections  and  not  elected ;  and  if 
nil  such  justices  or  justice  of  the  peace  he  at  the  said  election; 
tlien  the  major  part  of  the  electors  being  present  for  the  said 
counties,  ridings,  and  places,  and  the  Hayor.  Bailiff,  or  other 


440  Cotistttutiofuil  Dommenis 

licail  nftirii  iif  eviry  thr  hhIiI  ritirik.  Inrought.  toviUL  ft»i  \4 
who  mIi.iII  U*  prfbi-iit  :\X  tlie  uiil  rlectiiui.  ainl  not  cL^tr^ 
ii  II. •  >uili  litH'l  ••tVin-r  t«  prefti*nt.  then  tLr  ouj^r  |«rt  ri 
il'fti'r-  that  ^hAll  I  «>  ^t  thi-  Mid  fl*rti"ii  %h\\\  It  i^'^ 
!;•  rii'f  li-ii^'i  tivcly  iinikr  rrturiii  iiit«»  the  I'i.axirry  w  i  ^ 
i)i\a  :(fti  r  tip*  bail  ••!«-•  ti-iift  «>f  the  perf*ii:i  rlivCff^l  It  .» 
t<iri*i  liijilfi  t!:i-  liMii'Ii  :tiiil  e- :iU  cf  the  »aiii  rirct*  rt  r  tW 
in  ijor  |).irt  nt  thrin  .  vrh'-rcin  •h.ill  !»••  f  (HitAinecl  that  the  f^noBB 
Ni  ilcttiil  vhitll  II  t  h.i\f  |N.wir  t-i  ftlter  ihr  iroTrn-BieL*  fr^s 
oiii*  sihu'-t'  i>ci«iii  i.inl  .*%  I'mliaiuriii.  au*l  the  C'l^rk  f  tW 
< 'omiii'iriwi-ilth  ill  ( 'Iinnit-rv,  «>r  Mirh  u'^cr  officrr  «»r 
whciii  V  .1]  jH-rraiiiH  »li.ili  Arrejit  aihI  rrrrivc  the  rrtams  dl 
I'lfrti'-ii-.  .ti.  i  til''  Ahil  iri'inl  thcMi  acdinlir.^  t  l»w  ;a  Lk* 
!i  iiiiii-r  iiii  if  ^«iif<«  (il  Fiiiniiiiiiii  litt«l  iuiir<l  and  \i€9tk  9 
:\>  linth  !-f-cii  u^'A  .m.iI  iiri  ii^tttme<l.  wliii'h  penc»i;i  » 
:iiiil  iriMi'iit'il  a"  af  •r«'<iiii*I  Tt  kiii^hta.  liticrt;*.  and  \-nri 
^)  ii!I  l::iv>  tx'*  full  .iipi  hitTn  ii'iit  |M.wrr  fi»r  therntelres  »&i  ito 
)>••-}•]•  iif  tlitir  If-]  ri'tivi'  iiinnti«*«.  citir«,  lomaifht.  towr^ 
I  .1- ••-.  til  HiT  :ii,«l  ;iit  Ml  I'.irliiiin'-i.t  AH  if  tl:e  Mid  Sh<r-4^t 
•  rl.i  I    I  tV.ri  r-   \.A»\  r«i'>ivf-il   wnX*  tif  punimi'n«,  sad  h»i 

:> '1    r<?iMii-.     ii.  :   :li.i*    >ii<  li    khi.'h!*.  liliseiu.  and    l«rff 
"•I.   *>Li'.I  A{j>:ir  .-111  1  ^i-n**  in  farliftment  at  th«  t. 
.1:   :   I'l  •    .(!  i>-i.>!     -r   :     :.a  i   r.nh  •!   tl.*'iii   (■-   liaM**   U.- 
I    .    -   ii  :  •  -  :.'i!'i  -  I  r  i  . .   .1. 1  !!..  ir  II  t  B{'i^-.iribff  an-i 
'!■•     .1    !    tl.i.-  r.irli  .::.' :,•,    ai    if    h^   .in  1    ihe^k    J  k!    V 

i"'*-   '     .!.■!     1.   -■  :.    \\   vM'-.i-    of  aw:  I?    ui.drr   tf.e   ItrTttt   S 

■  ■!      .1  1  1  f  I:r  I  w  :-r  -   1   i«  •   ':ii*t.  f'li  !j  further  |)«i!.»  ai>!  r 

—    '\    •    r    ■!•'    ■'•    'i  ••    ki.u'l.**.   iiti/rni.   and    I  ur^ 
■-•■'•!!■      I  .»       I-   <*:.•    i.      '  !    t!.r\    ■?.ill    !*   a'tjui^rd 
j  :      ■  .    .     I   1.    •        ■         t.   J.  ••i.-i  ■  t     I'f  Lii.it.    r. 


:   .    \*  : 
•  :    \^     :;i-!    t  ■■•'.•:  :i!  ;.    .11    .1-  V   »  !■.••    I.   tvi  l*  f.«tAI.>iirf 

' '.■  •  :'.' .  ■"  i'    -       .    :  •  «  •    •  ?.:.   t-     ir.ak**  %\^c*.  •'.'*• 

!•.'.-  .11.  :   Jit   •        ti ::.«••  af  ri-«ai>!    ihail  (tit 

•■;•  •    •!  •     '    .    ■:  .    .'    •  .,    I      r:.':.    jweilt.;    a:   i  rvtfT 


I   •    •     I 


•    ■"    \'..    :  v^\r-  •       r  fa:!  S 


.     I  r    i:    '   *•    'Ke   l;~  e«    afocv^ 
^  -J    •••  i     '«■•    r  *»!;■»: -nil  rari.a-.4 


'654-5I     Proposed  Parliamentaty  Constitution       441 

That  the  Council  ba  hereby  empowered  to  examiDe  npon  Cap.  34. 
sath  aa  touching  any  Biiiclea  of  popery  or  delinquency  ro«ii- 
tloitcd  in  Cap.  29  against  any  pci'son  or  persona  returned  for 
meinl>ers  of  I'arliaineiit.  and,  if  they  shall  find  such  chargo  to 
be  true,  and  shall  certify  the  Bame  to  the  Parliament,  the  first 
day  ^f  the  sitting  of  tbo  Parliament,  that  then  such  members 
shall  not  sit  until  the  Houae  have  adjudged  of  the  same. 

Tliat  the  persons  choaen  and  assembled  in  manner  aforesaid,  Cap.  3s. 
or  any  sixty  of  them,  shall  1>e  and  be  deemed  the  Parliameut 
of  Eiiglaoil,  Scotland,  and  Ireland. 

That   the    persons   to   be   cfaoaen   within    England,   Wales,  Cap.  56, 
and  the  Town  of  Berwick  upon  Tweed    to  sit  and  serve  in 
Parliameut    shall    be   and    not   exceed   the    number    of    fonr 
hui.dred,  viz. :  — 

[The  list  of  constituencies  with  the  number  of  members 
allotted  to  them  follows  here.  It  is,  however,  imperfect, 
many  counties  being  omitted.  The  list,  so  far  as  it  is  given, 
is  almost  exactly  the  same  as  that  in  the  Instrament  of 
Government.  The  exceptions  are  that,  in  Kent,  Hythe  is 
to  return  one  member  in  the  place  of  Queenborough ;  that, 
in  Leicestershire,  the  city  of  Leicester  is  to  return  one  mem- 
ber instead  of  two,  the  number  of  member*  allotted  to  the 
county  being  increased  from  four  to  five;  that,  in  Oxfordshire, 
Danbury  is  to  return  a  meniher  iustead  of  Woodstock,  and 
that  the  County  of  Carmarthen  loses  one  member  which  is 
given  to  the  borough.] 

Tliat  the  persons  to  be  chosen  within  Scotland  to  sit  *nd  Cap.  37. 
tcrvo  in   Parliament  shall  be  and  not  exceed  the  nnmber  of 
thirty. 

That  the  persons  to  be  chosen  within  Ireland  to  sit  and 
serve  in  Parliament  shall  be  and  not  exceed  the  number  of 
thirty. 

That  the  Lord  Protector  for  the  time  being  shall  be  usisted  Cap.  38. 
with  a  O.mnoil. 

That  the  persons  who  shall  he  of  the  Council  shall  be  such  Cap.  39. 
as  sli;<ll  I*  nominated  by  the  said  Lord  Protector,  and  approved 
by  the  Parliament. 

That  the  number  of  the  persons  who  shill  be  of  the  Council  s  Dw., 
shall  be,  and  not  exceed,  one  and  twenty.  '*S4- 


Comatitutiomai  Oocmmmt 

TW  no  ptnea  alwU  annlimw  to  ba  of  tW 
[^Hf^dnn  fiirijiliji  ■nirlhi  ■ittii^  nf  wih  wrniiliag  Timlkm 
tritbosl  ft  Mw  apfrebfttiw  of  I'      ~    "  ~ 


Ou-.  4a. 


parm*  w  lUI  ht  of  tk  Counl  lidbn  iktj  aUa  tak»  iWr 


durgs  ol  tWr  rfatf  in  Uwl  wpiuj  lawil ;  *liidi  < 
takni  is  pKriiMBMit  (■ttuR  tb  ParlioMBt).  wd  is 
oT  Pltftiwcnt,  halbr*  tk  Lord  Ckuetllar.  Urd  Kwpw,  w 
LoHi  CrauHiMwi  of  Um  OtmI  8«1  hr  Ika  Hm  W^ 
whieb  oftih  iImII  U  M  latlowa,  vit. :  '  I  do^  ia  tb  pnvMa  a^ 
bj  Um  nuBt  of  Alntftktjr  God,  pnalw  ud  •«»  tliM  I  vfB 
b«  InM  ud  hhliM  b  p^for— co  of  llw  Irwl  oaaaiHid 
auto  ■•  M<NW  of  llMOauwU:  and  tkol  I  will  Hot  iwowl  « 
diKlooo  ujtkioc  Ml  whnb  or  ia  part,  dnaatfy  ar  iadim^i; 
thrt  lUll  ho  dabatad  or  ftaolTtJ  ■pow  by  ll»  Oiaaill ;  «h»^ 
Mn>7  afcaU  ba  aqjoMd  by  tbo  Mid  OmbcU,  wttfcal  Ik 
dlnetian  of  th*  Load  Praloatar  or  te  Plwtia«»l.  «r  Imt*  tf 
UmOmmU:  oad  tbati*  tha  aliBtiea  rf  oratT  mwimti  L«4 
Praloalor,  I  will  pnwaad  tbanwi  bhUUlj  aad  iii|iiiii^| 
MOordiRf  to  u  Aot  of  hriiaaaat.  iatHalad  An  Aol  JoriMrt^ 
awi  aattUag  tbe  goToiuMal  ef  Uw  T  -  -      -  ~ 


I 


«m  to  tba  b^  «l  V 
_,'■<*»  iihUbl  adnw  to  Ik  L«4 
I  Una  bati«,  Ib  onlar  to  tbo  gaaA  j  111  b^ 
paaaa.  and  woMm  af  iImh  aotioM.  and  vill  »at  adviw,  mi, 
or  ooaoot  auto  aajthiBc  to  dmdvMta||«  iW  Itbaftf.  prtfwtr. 
or  latoraal  of  Ika  fwiplc,  aantnifT  to  tka  Uva  of  tbo  h^  to 
tba  bMl  of  aiy  aadantoadi^r  and  knowladca.  aad  I  vfl 
faitbfaUj  pvtaaa  (1m  laatfetiowi  aod  dirwUaaa  wbkh  ar*  « 
(ball  U  (ttTwB  to  tba  Ooasdl  bj>  tit*  rarKaarai' 
lltf  tba  tna  ndonwd  PntMUU  GhfwtM  nfifies  m  k 
Bal7  Bvjptana  of  tba  OU  aad  Vot 


tlMp«yMp(dhB 

■  D>..       Tbal  ia  caaa  aajr  BOl  ihall  t>a  toadatad  to  tba  L>«d  rta- 
■^    loetor  bjr  tba  PafliaBoni  to  ranpal  wf  panaa  to  lb*  mA 


,4»4. 


>Bs4-5l     Proposed  Pariiamet^ary  ConstituHon       443 

public  profession  bj  any  penalty  to  aacb  Bill,  the  said  Tjord 
Protector  Bh&ll  have  a  negative:  provided  that  anch  Billa  aa 
hereafter  Bhall  be  agreed  upon  by  the  Parliament,  requiring 
from  such  mioisterB  aud  preachers  of  the  Oospel  (as  ahall 
receive  public  maintenance  for  instructiDg  the  people)  a  anb- 
mission  and  conformity  to  the  pnblic  profession  aforesaid,  or 
enjoining  attendance  unto  the  preaching  of  the  word  and 
other  religious  duties  on  the  Jjord's  day  in  tome  pahtic  church 
or  chapel  ;  or  at  some  other  congregational  and  Christian 
meeting,  shall  pass  into  and  become  laws  within  twenty  days 
after  the  presentation  to  the  Lord  Protector,  although  he  shall 
not  give  Ills  concent  thereunto. 

That  without  the  consent  of  the  Lord  Protector  and  Parlia-  i5D«> 
ment,  no  law  or  statute  be  made  for  the  restraining  of  such  g^**'. 
tender  consciences  as  shall  differ  in  doctrine,  worship,  or 
discipline  from  the  public  profession  aforeaaid,  and  shall  not 
abuse  their  liberty  to  the  civil  injury  of  others,  or  the  dis- 
turbances of  the  public  peace  :  provided  that  anch  hills  ai 
shall  be  agreed  upon  by  the  Parliament  for  restraining  of 
damnable  lieresies  particalarly  to  be  enumerated  by  the  Lord 
Protector  and'  Parhament:  and  also  anch  billa  as  shall  he 
A(!reed  upon  by  the  Parliament  for  the  restraining  of  atbeiam, 
blusphemy,  popery,  prelacy,  licentioosneas,  and  prufiuienen; 
or  such  as  shall  preach,  print,  or  publicly  maintain  anything 
contrary  to  the  fundamental  principles  of  doctrines  held  within 
the  public  profession  which  shall  be  agreed  upon  by  the  Lord 
Protector  and  the  Parliament,  or  shall  do  any  overt  or  pablio 
act  to  the  disturbance  thereof,  shall  pass  into  and  become  laws 
within  twenty  days  after  their  presentation  to  the  liord 
Ptotector,  although  he  shall  not  gire  his  consent  therennto. 

That  until  some  better  provision  be  made  by  the  Parliament  Car.  44. 
for  the  encouragement  and  maintenance  of  able,  godly,  and 
painful  ministers  and  public  preachers  of  the  Ooapel  for  in- 
structing the  people,  and  for  discovery  and  eonfntation  of 
errors,  heresy,  and  whatsoever  is  contrary  to  sonnd  doctrine, 
the  present  public  maintenance  shall  not  he  taken  away  nor 
impeached. 


444  CoustituHoual  Documents  Ii*S4-5 

Cap.  45.       Tlint   Olinr  ('rr'niw^ll.  tin-   pn-nrtit   l«i>i>l    I'nttcrti^.   liariB^ 

lij*i    life   (tiip   rarlinmerit    ^ittinL')    **(iJh)l    h.T   r-  nirtit   of   I'^riia- 

nitiit.  iiiitl  iiiit  ctlh-ru  i*>c.  ili-'i^  M'  Aiid  rmploy  tit*  forre*  <«f  '^i« 

i'i<lliin<iiiMr;iIlh   liV  -M  ,1  ai.il   Inhil  f-ii  t!jc    I«ACv   KbJ    p'jJ    cf  Vb^ 

ftiiine. 

17  Nov.,      That   sui  h  .if  the  iitAn<lintr  f«>rri'«  «•(  thii  <*oR}fn<^DvrAl!h  ■• 

,}  '^'^    i\\a\\    J"*    H;'n*r.il    t'»    J»f     (-iii.tiiiiiril    iiiH.n    the     rhar-ife    m*    iut 

'  < 'niiiiii-  iiwe.ilth  ill  lh>*  iut^iT:ilH  .f  rariiArnritt  khail  l«  orirrrd 

iiiiii  ili><{Hi4fi|   iif  fi<r    thr    1  inU    afiTe^Aiil    in   thf*    intv-rr^t  ol 

I  ailiaiiii-ntii  )>y  the  |iie.-eiit    Lfni  rmCeit'T  (iurin^;  hii    hfe,  br 

aipl  with  th»*  mirier  aiiti  mnftent  nf  the  pai«l  CoaDcil    aiwl  c»^ 

20  Niiv ,       Tii:it  the    fttainliiiL'    f^irea    iiftrr   ihr    fli*ath    of   the    p>ff»rt 

^y*^^\   I... 1.1   IV.tettnr  ill   thi-   iiitenaN  -f  I'arliftBi^i.t  ihall   be  :r.  lb* 

'' ili«>I>i-itiitii    iiiiil    i>niriiii|f   of    thf    Mkid    r.iiitu-il    for    the    cnii 

af  P-ai'I.    111. til    a    Tarlianieiit    U*    asvemMrii.   ai.tl    iLec     tb* 

<ii«|MiMil    nf  the  ^ai'l  furrt-ft   t>i  (m-    luailr  by  the    raxliaaect   at 

th<  V  i>h.'ill  til  ink   lit. 

(at  4"*  Tiar  th>  stiii.iiii  j  linif*  «-f  thii  ('(>nini'>n  wealth  botb  bv 
^«  .1  mA  l.MnI  •lurini:  tin  iit'i-  nt  (hr  ii>'W  Pfftectt  r  iball  t«  ^ 
III  i>  in  i.iiiuU-i  ill. Ill  -I. III!  lx«  a^n-etl  upm  fn>iii  time  to  Xiwrn 
l-\  M.r  -aKJ  I.i-iil  ritittii.i  :\\A  thr  i'arliament 

I'l.Uii,         I"- .it   ti'    >-|::i   (if  .14    ..3C3  aiMiliL:   bv    the  CU«toinB  Aiwi  tb# 

' '•'        I  !•    f!t't>    III    1.1. -ii<!.    Vntl.iiiil.  aii'i    lieUii'l.    •kal«    \m 

\iA'.\\    |>.«i<l   •lit    if  till*   |>'i' !;«-    p'lipt^    I'f  the    Kiche-iurr  bv 

\«  I'Lii.'  I't'  the  Jjizil  I'li'ti-itKi  11!.  !  'h**  <'  unn!    t«ir  ar.>l  ti-van^ 

t):>    ii.n!!.*!  r.i: !    \\    i.;.\ri.:'-(    IiUI:,1tt   •  f  Oii|«    T^r  |r&ar<2.£^ 

•  :   *!■      •  !••.   ai.i    -'iui:ii;:    .11-!    «v  •  iiuruir-'iiieiit    of    IraJe  .    afti 

1;.-    1:.  iii.'i  ii:iii>  •    "f  •ui  I.   ^'irii'i'i.'   .1-    *hi'.l    )«    iiei'r«%ar^    f-tc 

■    <     if  ^  I  >  ••  •  ;   Mi>  (  • '..:ii.   :  U'.i!'h   nf   Kiiu''-^ii'i    ?v«>'lai.<L   anJ 

i    •    .1-.  !    .li.'i  V        i    ■    :•  :■  r  •.  '1  I  !iui.f«i   f 4*!iM.iril*L'    wh  rh  revrcvt 

■■:'::iU"    I'.!    :.    *    I-    .k!'-:!-!  wi'lu-'i*  .■•■:  •••fit  •  !    th*    I^:r^ 

I  '    •     i  i!*    >:..•■!/.    .ii.il    that     I'll-    >rarlj   Ham    of 

•  7    D  »•     1  :•     J    •  '    »\'>«'  i-r  ■  tf.rr   j'lil'.ii:  rff<vi|ta  ta 

I         I'   i     "^     ••«.!.     »'   i    l:'.ir   !    "-Ii.tli  U'  |ini\i  :nil   by   l*krliA- 

■  •     .:.  i   i  •      :    T    '     :  \   i  .  -i':-  ■    '  v   w.irrai.t  i-f  tbe   I.«r4 

i      '•     •  :   w.       *^■    '  *'.i'   !..\i:.tri.aii('e  an<l   '\x\\  4i^ 


'.  •  1 


•       .    '..    *       i    r    r   .  -    .1-    n-....!    ■•       !|...:.^'ht    r.r«^tiul    lo    fat 


'654-s]     Proposed  ParttameHlary  Consliiution        445 

Scotland,  and  Ireland,  and  the  dominions  thereunto  belonging; 
and  for  the  paj'meut  and  fnll  discharge  of  such  forceg  in 
garriaonB,  and  naval  charges,  and  all  incident  charges  belonging 
to  every  of  tliem  as  shall  not  be  satiafied  and  paid  out  of  the 
i!400,ooo  aforesaid,  wluch  said  £700,000  shall  continue  and  be 
jiaid  until  the  35tJi  of  December,  1639,  anleu  the  Lord  Pro- 
tector and  tlie  Parliament  eliall  agree  to  leasen  the  said  sum 
before  that  time. 

That  such  ordinances  as  heretofore  were  made  by  the  Lord  13  Nov. 
Protector  and  his  Council  before  this  Parliament,  for  the  raising,  n^^*' 
bringing  in,  and  disposing  of  monies  for  the  maintenance  of  the 
forces  of  this  Commonwealth  by  sea  and  land  in  England, 
Scotland,  and  Iieland :  and  for  the  necessary  charges  of  the 
government,  Bhall  remain  and  continue  to  the  end  of  this  Par- 
liament and  no  longer,  unless  the  Parliament  shall  take  further 
order  to  [tliej  contrnry,  or  unless  the  said  ordinances  shall 
expire  before  that  time. 

That  the  laws  of  Ibis  Coiumonwealth  shall  not  be  altered.  Cap.  51. 
euspi'iidt'd,  abrogated,  or  repealed,  nor  any  new  law  made,  nor 
any  tax,  cliarge,  or  imposition  laid    upon  the    people  but  by 
common  consent  of  the  people  assembled  in  Parliament. 

That  the  power  of  making  war  is  only  in  the  Lord  Protector  Car.  51. 
and  tbe  Parliament. 

That  sitting  the  Parliament,  no  peace  shall  be   concluded.  Car.  53 
but  by  consent  of  Parliament ;  and  in  the  interval  of  Parliament 
tbe  power  of  making  peace  shall  lie  in  the  Lord  Protector  and 
the  Council,  with    such  reservations   and   limitations   as  the 
Parliament  shail  approve. 

That  the  said  Lord  Protector,  by  the  advice  and  consent  of  Car.  {4. 
tbe  major  part  of  the  Council,  shall  direct  in  all  things  con< 
cerniug  tbe  keeping  and  holding  a  good  correspondence  with 
foreign  kings,  princes,  and  states. 

Tbat  tbe  Chancellor,  Keeper,  or  Commissioners  of  the  Great  t7ap.  55. 
Seal,  tbe  Treaaurer  or  Commissioners  of  the  Treasury,  Ad- 
mimlty,  or  Commissionere  ssercistng  tbe  power  of  the  Lord 
Admiral ;  the  Chief  Ooreniora  of  Ireland  and  Scotland ;  the 
Chief  -Tustices  and  the  rest  of  the  Judges  of  both  the  benches ; 
Chief  ItaroD  and  the  rest  of  tbe  Barons  of  the  Ezchoqner,  ahjdl 
be  cboBcn  by  Ute  approbation  of  Parliament,  and  in  the  isleiral 


of  PuliAtDwt  \>j  til*  appototioa  «r  ihm  m^  part  wi  Ifca 
Cooaeil,  lu  he  kfUrwMila  ■ppcand  hj  tW  hri^MMiL 
l«^  1-hftt  ih*  Ch«.«ll<>< ,  Km|>ot-.  or  Owi^iwn  fur  th*  OmI 
SMloTlnluJ.  tbtC^HrJuti«MMdJ«d«Morfaatk  >  il  i. 
ud  Cbiif  Baron  wul  Bwvu  of  tb*  Eufatqw  ia  X>«1h4.  AdI 
ba  thoMa  bjr  Um  appnUtkiB  at  lb*  PariMBMBk  aad  ia  ik 
intwvsl  of  ^rliaBMnt  by  Um  ipfnWini  af  tba  ^«  part  af 
Um  t^iniial.  to  ba  aftvrwM^  appruvaj  I17  tba  PutiasiaL 
ST-  That  tba  Juigta  of  tba  pobUe  Cowfa  of  Jaalka  ia  Saaikail 
•ball  fron  beoecfcrtb  b»  oboaaa  by  iSo  apptolalias  af  ftriw 
flwnl,  and  in  Ui«  inUrral*  of  tba  Pariiananl  bjr  iW  apyaabaiM 
of  the  m^r  part  of  Um  Cooacil,  to  b«  anatvatda  app>waa<  \f 
Om  PatliMuent. 
M-.  Tbat  tba  acU  and  orUwaeta  of  FirhwH  aa^  far  Ifei 
^  lala  or  oUwr  di^ioaitiMi  of  tba  taada,  wwatM,  and  immii^mmmm 
^^oftUUUlUng.QwaB.aadl'riBaa.af  Anibliiibi|ia»dlli  I  |  > 
Dwu  and  CbapUn^  ibi  laad*  af  daUn^wnta,  aad  fanat  ^th, 
or  any  of  tboM,  or  of  asj  otbar  laadik  taa«M«lit  raaMfc  aa4 
bandiUBanta  bdmgiaf  to  tba  CouMBwaaltb.  ibaB  a*  wtf 
ba  taipoacbad  or  mad*  iaraHd,  bat  aball  raaula  gaad  md  ira^ 
and  ibat  tba  •aenriljr  givwi  by  aet  and  unliaaaaM  rf  fmti^mtm 
lot  aa/  aan  or  muu  ot  moutf  hf  may  at  tba  Mid  laadik  tba 
axctac,  or  by  aoy  otbcr  peblia  fotaaiM ;  aad 
ginn  by  tba  pnfalio  laitb  of  tba  natjaa,  aad  tba  ai 
tba  public  tutb  (or  witiitoatioa  of  tba  dabta  aad  d 
wiBitB  6m  and  good,  aad  ant  ba  muim  Mid  «r  iatalid  9fm 
aaj  |m4auaa  wbriaoawr :  ptaridid  tbat  tba  aftiolM  (n^  lih 
<rM>dairiUttbaaaa«]r,aadalUnrardiaoati»adbylNilli— ^ 
■Ul  ba  pHtoaad  aad  Hada  |ood  to  tba  paraoaa  aMawaad 
tbarats:  proTMlad  aho  that  all  appaab  or  paiitiaM  tiwt  «■* 
aMida  or  ashibitad  to  tbu  IVriianant  bofbc*  tba  In*  imf  rf 
DMMibw,  I<ft4.  far  nl»f  ooawaing  fatlb.  laajr  U  bMtd  ^ 


Tbat  tbi  artklai  barain  ooalatiMd.  aor  aay  of  tbaak  ibAll  ba 

aUmd,  npwlad,  or  aMpaodad  whbost  tba  ouMMt  of  tba  La«d 

Pwltor  aad  tba  Pariii^inl, 

1m..      Pionda  tl^  Um   Bill,  iiititalad  Aa  Act  dMlan^  ^ 

>*■     MlUiB*   tba  tvrmwmmt  of  tba  CoMMMaaltb  af  "  j'l  1  j. 

BOTtiaMi,aMl  IttbuHl,  aad  tba  '-  -'TJiiT  tbaraaata  b^a^^ 


1657]  The  Humble  Petitiott  and  Advice  447 

Im  iiigroBBod  in  order  to  its  preMntment  to  tho  Lord  Protector 
for  fail  COD  aide  rati  OD  sud  consent ;  aud  that  if  tbe  Lord 
Protector  ftud  tbe  Purliament  ■liall  ^ot  agree  thereunto,  and  to 
every  article  thereof,  then  thii  Bill  •ball  be  void  aud  of  none  efTect, 

rtoTided  that  thii  Act  for  the  goTernment  doea  not  eiteud,  19  J'o-i 
nor  be  couBtruad  to  extend,  to  abrogate,  slt«r,  or  diminiih  any  ^^•' 
of  tbe  charters,  ourturoi,  libertiei,  or  franobiiea  of  the  City  of 
London,  or  any  other  cities,  boroaghi,  towus  corporate,  or  places 
witbiD  tiiiB  Commoii wealth,  earing  in  snob  things  wherein  any 
ulieration  is  hereby  psrticul&ily  made,  but  that  tbe  City  of 
London,  and  nil  other  tbe  said  cities,  borough*,  towns  corporate, 
and  placet,  shall  aud  may  hays  and  enjoy  their  said  charttrs, 
customs,  hberties,  and  franchises  as  aforesaid,  the  said  Act  or 
auytliing  therein  contained  notwitbstauding. 

Provided  that  whereas  the  militia  of  this  Commonwealth  >o  Jan., 
ougiit  not  to  he  raised,  formed,  and  made  use  of,  but  by  common  '^i**' 
consent  of  the  people  assembled  in  ParUament :  be  it  therefore 
enacted,  that  the  said  militia,  consisting  of  trained  forces,  shall 
be  mttled  as  the  Lord  Protector  and  Parliament  shall  hereafter 
agrie,  iu  order  to  the  pease  and  safety  of  the  Commou wealth, 
und  not  otherwise. 

lOS.  ThX   IIdMBU  PlTlTlOH  UD   AdVICK. 

[May  >s,  1657.    SooMI,  il  378.    ^u%  liuaoa't  L^»  ^ MiUon,  1.  \at.\ 

To  hit  ilighnttt  the  Lord  ProUctor  of  the  Cornvnomcealth  of 

Enyland,  Scotland  nnd  Ireland,  and  the  duminion*  thereto 

belonging  ;  the  Humble  Petition  and  Advice  of  the  Knighte, 

Cititena  »nd  Burgteeee  now  aitemhled  in  th*  Parliament  of 

this  Commonwialih. 

We,  tbe    kuiphts,  cititeni  and    bnrgeises   in   this  present 

I'flrliaiiiant  iii^Hembletl,  taking  into  oar  moat  serious  consideration 

the  present  slate  of  tliese  three  nationi,  joined  and  onited  under 

your  KigliuesH'  (irotection,  cannot  but  in  the  firat  place,  with 

all  thank)  uluess,  acknowledge  the  wonderful  mercy  of  Almighty 

God  in  d<livering  us  from  that  tyranny  and  bondage,  both  in 

our  ajiiritual  and  civil  concernmeuta,  which  the  late  King  and 

his  party  designed  to  bring  ne  under,  and  puraued  tbe  effecting 

thereof  by  a  long  and  bloody  war;    and  also  that  it   hath 

pluabfed  tba  game  gi'acious  Qud  to    preaerve  jrour  peisou  la 


44B  Constiiultonnl  DoiumtfUs  .i«i! 

iiiiiiiy   liAtlle<i.  !•>  iii.ikf*  yi»u  an   iitfitiiiiiieut   fur  |irr*«r«ii.^  •*•! 
luMit',  AltliKUk'li  i'iiviiMiir«l  uitli  I'lit-iuir*  nlirnLiti.  aimI  !i.>«i  «itk 

till  Imli  lit.  ivstlrni  Aifl  iiiii|uirt  f«|)iriti  ill  ••'.ir  (>»ii  )«i»e!>.  !&ss  m 
111  thf  trrailiiiu  ilnwii  till-  iii.umi>n  eueiiiy,  ai.«i  irat*  nx.*:  u.t  !» 
|icacf  aiiil  traiiijuillity.  the  Luni  hitli  utinl  y<iu  »••  cini&irct*v. 
aiiil  the  wurtby  «'tVKeii  ai.«I  sitMien  of  the  army  (•hut*  fa.t*- 
fuliifa«i  til  tiie  roinninii  r.iiiM\  wi*  aiiil  all  ^i>^  men  vhall  «t«r 
n'kiinwlfii^e.  and  ]Mit  a  jii-t  valur  upiMi)  wi  alini  thai  Ur  vu. 
iiM*  you  aiwi  tli«<iii  ill  tlm  ••  ttlint;  antl  ■rcunnn  **mt  iil^i 
A^  we  Air  iiini  Aiifi  (  liiiiti.inii,  \»*  us  ai.d  «  ur  |«i«t«rity  aftrr 
wliii  h  Aif  ttmsf  LrreMt  ;ti.il  ffl'Tiuiii  rndl  whii  h  the  *:•««! 
>it  thi-ii'  iiAtii*n^  h.ive  »!■  tVrrlv.  witli  thr  hazaid  oi  tiMir  l;i 
mill  ittAtr«.  •>«)  Inhp  mill  i-.irii«  •'tiy  f-«)|iteu>!iii  f^r  wr  <••-.•] 
llk•'wi^o  thv  tuiitiiiual  d mi^n  nhiih  y>  ur  l.fr  u  iii.  !r.-aa 
l'!t«Kiv  |ir.ii'!i  «"«  lixtii  i-f  t'.r  lu.iliu'i.aiit  ai.>l  il.fCk-utcut€«i  |*fty 
\t*\.v  ui.rifxt.  tliri'U^li  till-  ^'  •  •liii-«*>  of  ijii(l.)<'U  h^^el^vn  iaui? 
iltliv«.'ii*>l  fpiii'.  It  1*- iiiL'  a  ircriveil  [iniuiplc  aiii<*ii«:«l 
that  iii>  t.r<irr  )<t  in;;  ^i  ttlid  111  }•  ur  lifetime  f«ir  ttie  iuok 
ill  thi*  ( !>ivei  mill  lit.  i.ntiiii.k;  i*  wantnu'  tn  hrink?  ui  \u\*j  \»*i 
aihl  (-  •ii!;iHiun.  rill  i  tl.riii  tii  th«'ii  (l*-tiie«l  1  im1«.  liut  the  «i' 
ti>>n  i>f  vuiii  |>«:<i'>.i;  ami  in  ('.t.<»r  liiiiik''*  »h<>uli  th  la  mB*.Q  at 
\>  UI  lir.itii.  VI  f  .in-  ni't  ahle  tn  i-i|irePi  wliat  i-alamitiea  Wv«ki  xa 
.ii!  1. 11:11. Ill  |!>'.i'i!iiy  rn^iir  llM-ifU|»<  n.  which  we  iniiC  y>«r 
ll._iii.i*>«  ^A*  ur!!  K  UTi  I  •!-•  li-i!>l  \iiiiiv!f  'iMiiff^l  to  prvT>4t 
.ijiMi-t,  aiiil  ii't  ti*  l''.i\f  .k  ]<-«>)>lf.  «lp»4r  i'*iiuni«>n  pvaor  aad 
iiit«'i«-;>t  yi'U  uri'  iiitru.«trd  uirii,  in  «u«'li  a  ('••n<litiox)  aa  &aj 
ii.\<a!il  Kti.  fF|i-iik..  Mi  Ti.i^  « ■•■  jiiii  lute,  ui.cii  ti.cii 
t  I  }•••  nil  •  ]  )-  :Titi.i!>  <  i  >i>!iiii.kr  til  .1  «■  tticmn.t  u|h>c«  ju«t 
l*v'.il  f -uni(i:t-'i.»  u]».ii  *\\r  «•  .  •i.'biri^ti.'iii.  «r  Lavt-  ;u«i|pad  it 
a  •::ry  11..  :.:;•(•  i.f  u|  nii  u-,  tu  |  n  »ei.t  .imI  ile«  lanr  iinsr  %mt 
\\.   A    iii*t   .1:   1   M    r*«.\iv  «!rpii.!i  t'>  \«'Ui    lli-hi.r«a. 

I  1::  '  >-  i:  II !.';.:.' »^  \\i.\  ?«  {itAiw-il  ly  ai.il  ui^i-r  tfet 
ii:\-  .•  ill.  i  •'*v.'  ■  I.  ;•[  I'l'-ieL''  r  uf  the  lViiuai<t.«fmIiii  a# 
I      '   I     i.      "^t -'.«:.:  i      Inl.i:.-!.    .i:.<i     tiie     lii'tuiuutba     aa4 

ti::i'    ::f*-    t}.i:t;:i.t  :  k'^l-k',  t<>    \v\A   ai.^l  eiircue  lh«  ofiet 

'•t  i  :  :•  t  M.i.i«T:  «'i      :  t:.«iir  i..i:i  -:  •>.  \\A  !••  O'Vrrn  ACConii^  I0 
'     «{•'..'.  :i    '..  :    .  IT.  ^  1  .  .».'.  :m:.,/^  tt.rmn  t:w.tAii.«d.  aad  la 

M..  •  '    >  i    ;{.;:.»*  .«   •     :  \i\.^  \  ■  \l\^   !.«»•   rf  tt.rte   lUltK-na, 

it!'i«.<e      ti.A'    %    ..:    Il:^'hi.e««  «!.•    L«   {'IcamJ  Juiiatf 


i6siJ  The  Humble  Petih'oH  and  Advice  449 

lifetime  to  appoint  and  declu-e  the  periou  who  ihall,  immedi- 
ately After  your  death,  aucceed  you  in  the  OovemmeDt  of  thete 
luitionfl. 

3.  Thftt  your  Highnesa  will  for  the  future  be  pleased  to  call 
Parliatnfnts  coneiBting  of  two  Houses  (in  such  manner  snd  way 
as  shall  be  more  particularly  afterwards  agreed  and  declared  in 
tUs  Petition  and  Advice)  once  in  three  years  at  furthest,  or 
oftener,  as  the  affairs  of  the  nation  shall  require,  that  being 
yonr  great  Conncil,  in  whose  affection  and  advice  yourself  and 
this  people  will  be  most  safe  and  happy. 

3.  That  the  ancient  and  undoubted  liberties  and  pririleges 
of  Parliament  (which  are  the  birthright  and  inheritance  of  the 
people,  and  wherein  every  man  is  interested)  be  preseired  and 
maintained  ;  and  that  you  will  not  break  or  interrupt  the  same, 
nor  sulTtr  them  to  be  broken  or  interrupted ;  and  particularly, 
that  tliose  persons  who  are  legally  chosen  by  a  free  election  of 
the  people  to  serve  in  Parliament,  may  not  be  ncladed  from 
sitting  in  Parliament  to  do  their  datiea,  but  by  judgment  and 
consent  of  that  House  whereof  they  are  members. 

4.  That  those  who  have  advised,  assisted  or  abetted  the 
rebellion  of  Ireland,  and  those  who  do  or  shall  profess  the 
Popish  religion,  be  disabled  and  made  incapable  for  ever  to  be 
elected,  or  to  give  any  vote  in  the  election  of  any  member  to  sit  or 
serve  in  Parliament;  and  that  all  and  every  person  and  penwns 
who  have  aided,  abetted,  advised  or  assisted  in  any  war  against 
the  I'arliument,  since  the  ist  day  of  Jan.,  1641  (unless  he  or 
they  have  since  borne  arms  for  the  Parliament  or  your  Highness, 
or  otherwise  given  signal  testimony  of  bis  or  their  good  affection 
to  the  Conimonwealth,  and  continued  hithful  to  the  same),  and 
all  such  OS  have  been  actually  engaged  in  any  plot,  conspirmt^ 
oi'  design  against  the  person  of  yonr  Highness,  or  in  any  imnir- 
rection  or  rebellion  in  England  or  Wales  since  the  i6th  day  of 
December,  1653,  shall  be  for  ever  disabled  and  made  incapable 
to  be  elected,  or  give  any  vote  in  the  election  of  any  membar 
to  sit  ur  serve  in  Parliament.  That  for  Scotland  none  be 
capable  to  elect,  or  be  elected  to  ait  or  aarve  in  Parliament,  who 
have  been  in  arms  against  the  Parliament  of  England,  or  against 
the  ParlisiDeiit  in  Scotland,  before  the  ist  day  of  April,  1648 
icxcept  such  as  have  since  borne  arms  in  the  service  of  the 


450  Constitutional  DocmMehts  '.t^* 


r.iiliAiueiit  I'f  Kii^Iuiid  ui  ymir  liifrkiiCfi.  (*r  friT«*o  Mtk«r 
ti-sttiDoiiy  (it  tlieii  ^*'iH\  nffi-ctiuii),  nor  aut  that  rioce  thr 
i!it  (lay  uf  A|)iil,  164^.  iiAve  born  in  arm^.  or  c-tkcrwiav 
H^ttCiI.  H<!\i.*>cii  i-r  ll!l6i^t^tl  ill  auj  war  BfTAinit  tkie  Fafiiitit 
of  Kuj^IhikI  I  If  your  Hi^hiuMi,  rscept  ■uch  m  liDC*  thr  lit  ^5 
(if  March,  ir>.-|i  ("M  btyle '),  havr  iiifd  p(«c«*ftbly.  a&d  lK«rv^ 
f(ivcii  ti'Mifii>ii>  (if  il.tir  ^ckj I  AfTfctiun  lii  the  I*iarIa«BMCt  aKi 
vuiir  Hi^'hm'Bs. 

ri'oviJnl,  that  iiMihiii^'  iij  thii  Artirlr  contained  ■KaII  «it#«ii 
to  put  any  incapacity  ii|>«>n  iin\  Kntrliih  ur  Sc'trh  IV  (( 
ill  IrrlftLj.  (ithcr  t"  elect  ir  l^  electee!  ti>  ••rvr  in  I'arlu: 
mIiu,  l-el'i'M-  ti.c  I nt  liay  i»t  Mairh.  164^  kavf  lor  .r  armt  for 
the  I'.ti Iiiiiiifiit  •!  \i<:ir  Ili^linvK  01  (•th<'r«i«e  fftveii 
tci'iiui'Ly  m!  thi'ii  u*^A  atT'ctidU  to  this  ( 'itra  moo  veal  tfc 
((•iilii]U"(l  failhfii!  t>>  tlii-  ••aiu^  that  nil  vi'lea  and  c]«<c1a; 
^ivvii  ni  ijitt'le  iuiitiaiy.  i>r  n<tt  aCi-Kidii:^  t**  the  rjuaifi-Atj 
iitdioniil.  nhull  lie  vi>i<I  .tijil  mI  none  effect:  aiitl  that  if 
I  CI -I'll  (•!  ptTf(.>h»  f"  iiKApiiil*'  tM  afuresiiid.  iball  ^tw  kit 
thrir  ¥«•!•  :>'r  rliitii>i.  of  menili^ra  tc  tttrr^  in  I'ari: 
n'l  Ahil  rvtiy  »iuh  |(!-»:i  fi  |ienont  imi  eleciinff  al^^.  •: 
ai.'l  r  iffit  I'l.*'  ymr'ii  mkIuv  if  hiw  aud  their  rr^p^ti^e 
(.^•tiitr*.  Hii-1  •IP  r.il  ti ml  I'.dt  of  hit  and  tbrir 
]i-i^'iinl  x*.!*'*.  ?).«•  ••I.I-  ni'>iriy  ti)  your  HiffbacM.  ac^i  tibe 
->i.'i'  1:1  irty  til  i.i:ii  ui  Ti.'in  \\\i'*  itliAil  kUr  for  th# 
u:.}  (i  -..:t  •'{  Iti-cuiil,  ly  A-'.i  li  if  ilet't.  I'ir.  plaint  (T  la^ 
ti<  n,  ui.ciiii.  iii>  i«»i>ii.i-  ti.ioT  ft  law.  or  pfi^trcliob  tj 
!•  al'-'Wi-i  Aiid  tt.:i(  t'.r  |rr>  i.«  «h<  ^hal!  \ie  rlw^  iM  li 
M  I VI  111  r.ii '.lament  U-  Mi<-h.  rti.<l  n  •  i>ther  th.tn  racb.  at  aiv 
1i!h4ii.k  if  kii  wn  iiit"k'n*^  fr-aiink'  U  «1.  ai;d  lY  s^ctd  €«•• 
«i  i«iit:'ii.  Hi.il  l^iiitf  1!  til'  n^'*-  !•*  tirentyohe  veaii.  aftd  art 
».i  it  .t«i  :i:r  i»itM*-<i  i'\  ili<-  Att  of  the  re\rutc«nth  itiar  «# 
v.'-  IhTi  Ki:.i.-.  i. 'it'.cl.  'Ai^  At  i.  r  •ii^iaMiuir  all  [  irmai 
11:  ii  :\(':i':^'  •  Xfii  i«e  nnv  tfiniv  rai  ■unNlictii>n  t  r  aatb-icitv. 
I.  I  ■>!..  .i-nii  J  ..i!  ■..;:  lofrr*  K>r  I -uM  I  preacher*  o' tbe  itcspcL 
N  r  "  ■  li  .(>  a:<  »rM.'\  :i.  \  •>!  ti*  <  ifrLrea  m*  ntu*iM^  in  aa 
A^r  '  !..:.:  >ii;r  ' 'i4M  .1.^-  i.iTi  ' h<*  t^* i.  .  f  AL^Tutt.  i6;,o.  ealitiadL 
'  .\-  .\  *  ii»*  <  n  t  •  Tf  :a.  .1'!;.  i«!iv-a!  Mt*))herui  u».  and  fBcrrmbAt 
•  ]  «    'r.   /.i>  i\  t     t'.r  ;.  i.  nr     f  ii<4!.  and  d«atr«ctje»  i» 

I  / 

1    •  '  ■  I 


itf9il         The  Humble  Petition  and  Advice  451 

haman  toolaty ' ;  no  commoa  •ooSer  or  rarilcr  of  nligioD,  or  of 
ftoy  penon  or  person*  profeiaing  tiierMf ;  no  p«n(m  tbat  hftth 
nukrri«d  or  iluJl  mury  a  wife  of  the  Popiih  religion,  or  hatb 
tnined  or  ahkll  trmiu  ap  hit  child  or  ohildren,  nor  mj  other 
ohild  or  ohildren  under  hia  tuition  or  goremment,  in  the  Popiih 
religion,  or  that  iball  permit  or  lofiiBr  nich  ohild  or  ohildrm 
to  be  trsined  ap  in  the  «id  religion,  or  that  hath  gires  or 
■hall  give  his  consent  that  hie  eon  or  daughter  ehall  marry 
any  of  that  religion ;  no  peraon  that  ehall  deujr  the  Soripturw 
to  be  the  Word  of  Ood,  or  the  Husnineata,  prayer,  magistral^, 
and  miniatij  to  be  the  Ordinanoes  of  Qod ;  no  eommon  profaner 
of  the  Lord's  day,  no  profane  swearer  or  curaer,  no  drnnkud 
or  common  haomtsr  of  taverns  or  alehouses. 

And  that  these  qualifications  may  be  obserred,  and  y*t  the 
privilege  of  Parliament  maintained,  we  denre  that  it  may 
be  by  your  Highness^  couMnt  ordained,  that  fbrty-one  Com- 
missioners  be  appointed  by  Aet  of  Parliament,  who,  or  taj 
fifteen  or  more  of  them,  shall  be  anthOTised  to  namina  and 
try  whether  the  members  to  be  elected  for  the  Hodn  of 
Commons  in  future  Parliaments  be  oapsble  to  sit,  acoordlng 
to  the  qnalifications  mentioned  in  t^*"  Petition  and  Adnoe  j 
and  in  case  tiiey  find  them  not  qualified  aooordin^,  then 
to  nupend  them  from  sitting  until  the  Hoom  of  OonnnoMl 
■hall,  upon  hearing  of  their  paxtionlBr  esses,  admit  thvi  ta 
■it ;  which  Commisrioners  are  to  stand  so  authorised  for  thai 
end,  until  the  Honse  of  Commons  in  any  fiitnre  Ps  Mis  mint 
■hall  nominate  the  like  nomber  of  other  Commisnonen  in  &dr 
places ;  and  thoee  other  Commissioners  so  to  be  nominatad  im 
any  future  Parliament,  to  have  the  same  powers  and  anthoriliai; 
that  the  laid  Commisicmen  shall  oertiiy  in  writing  to  the  Homi 
of  Commons,  on  the  first  day  of  their  meeting,  &•  smms  eai 
grounds  of  their  suBpeuiona  of  any  pemna  so  to  bo  deetad  M 
afoi-e«aid ;  that  the  aconsatioa  shidl  be  vfvi  the  Mth  of  tha 
informer,  or  of  Bome  other  penon,  that  a  eopy  of  the  acanasttBn 
■hall  be  left  by  the  par^  aoousbig,  in  writing  ador  Ui  hand, 
with  the  party  aoonaed,  or,  in  his  ahaenoe,  at  hia  hooaa  in  tha 
oouuty,  oity  or  town  for  iriuah  he  dull  ba  dwaan,  if  be  ham 
any  such  hooaei  or  if  not^  with  ihe  Bhariff  of  the  oonn^,  if  he 
be  cboeen  for  a  eouily,  or  with  the  CUaf  Hi^Mtnte  of  tha  «i^ 
•  ga 


I 


45a  CoHstiiuHoiuU  DeemmmlM 

gr  borangh  for  wUeh  b*  is  Aetm:  and  tUt 

panoM  la  be  •hctart  vti  iboMB  to  «l  mmI  « 

■Mot  for  EnfiUad,  Scotknl  and  Inlud,  and  iIm  dtMribal^ii 

tb»  pvnou  H  ofaoMa  wilLin  lb*  wIim.  ehka  mA  hanm^ 

of  tlMBi  wi|*rtiwly,  MKy  be  —Mfdiair  to  lad)  |iiif  li^i  «■ 

■hsU  b*  agrMd  >|ion  and  HmIuwI  in  tfcia  ffiiil  FwiwMal 

5.  n»t  jww  BigkMM  win  tPMwl,  IM  aoM  to  Mbd 
to  ril  iod  vote  in  ttt  otlwr  Hiii.  b«t  aadi  m  ar«  Mtdi^- 
■bkd.  bnt  ^MBIad  iMHdtec  to  tba  giiTiW  aiiii  BMahwri 
ia  Um  roflMT  Artidti  bain'  imIi  h  ihiUl  ba  ma^mi^  by 
ytmr  Higbna^  ud  sfipravad  bf  tUa  HuMai.  aad  tb^  Ib^f 
fxeaad  m>(  wvantr  in  mvabtr,  nar  faa  ante  tbn  Bntbw  rf 
fartj  (whnwf  Um  4iwrvin  to  ba  wii  and  laMly).  «hn  Aal 
not  siva  asjr  voto  hj  pronaa;  and  tbak  aa  any  af  tbas  ^ 
dit,  or  ba  lagallj  raamd.  no  naw  anaa  ba  adwitod  to  Mi 
aad  foto  in  tbrir  noaa,  b«i  bj  tba  ammaH  ti  iba  Bnnaa 
ilaair.  Tbal  iW  oiW  Boom  do  Ml  maaad  in  any  fwA 
mamm,  aacapt  in  write  nf  arrar,  to  anaaaqannad  feaaa  Wtoas 


F,  to  1 
a^alaal  pwaaadiiiga  in  Conrta  ef  Blidlj,  and  ■ 
privibfn  at  ibm  am  Sanaa ;  iba*  tbqr  dn  nnt 
any  eriBinal  eaoaa*  nbatoiiTir  afatoat  any  p«wn 
bnt  apw  an  inp^^hniant  of  tha  Ooanauaa  aa^aU 
and  bjr  tbair  aanaMt;  dM  tfaay  da  aa(  pa 
r,  Mlbar  cnti  or  ateianl,  bat  in^ilin  t 
of  tbo  land,  and  Iba  dna  cann*  and  owto 


I 


nvninntod  by  that  Bann;  bnl  all  nab  I 

and  >adgaanto  to  ba  by  tba  Bo«a  itoaU.  any  lav  w  • 


L 


t.  TiMt  in  an  allMS  pirtJiiilin   whieb  aaaaam  tU  • 
and  baUins  tt  Pnriiaiwila.  ynnr  U%bM«  vtU  ba  p 
tbm  Iba  ton*  and  itotatoa  af  tbn  toad  bnalMnada^d 
and  tbnt  on  lawi  ba  altocad.  anapandad.  abnialad  or 
or  Mw  k«  nwla,  bnt  by  Aat  of  ParfimnL 

;    And  to  tka  and  lb«*  wty  to  a  eomtaM  T«n 
•an'«t  of  tba  Onvannnatt,  and  fcr  tbo  Mlaty  and 


'6si.  7/'*  Humble  Peiitioft  and  Advice  453 

of  these  uatiouif  t>y  sea  su<l  l&nd;  we  declare  our  williugueM 
to  eettle  fortliwitb  a  yenrly  reTenne  of  £1,300,000  pounds, 
whereof  Xi, 000,000  for  the  Davy  and  army,  aad  £300.000 
for  the  auppoit  of  the  QoTernment,  and  no  part  thereof  b) 
b«  railed  by  a  land  tax ;  and  this  not  to  be  altered  witbont 
the  coiiBent  of  the  three  Estates  in  Farliameat ;  and  to  grant 
such  other  temporary  supplies,  according  at  the  Gommoni 
asaeinbled  in  Parliament  shall  from  time  to  time  adjudge 
the  necessities  of  these  nations  to  require ;  and  do  praj  your 
Highness  that  it  be  declared  and  enacted,  that  no  charge  be  laid, 
nor  no  person  be  compelled  to  contribute  to  any  gift,  loan, 
bsnevolence,  tax,  tallage,  aid,  or  other  like  charge  without 
ijommon  consent  by  Act  of  Parliament,  whiob  is  a  freedom 
the  people  of  these  nations  ought  by  the  laws  to  inherit. 

8.  That  none  may  be  added  or  admitted  to  the  Privy 
Council  of  your  Highness  or  saeccssors,  but  such  as  are  of 
known  piety,  and  undoubted  affection  to  the  rights  of  these 
nations,  and  a  just  Christian  liberty  in  mntters  of  religion, 
nor  without  consent  of  the  Conncil  to  be  afterwards  approved 
by  both  Houses  of  Parliament,  and  shall  not  afterwards  be 
removed  but  by  cousent  of  Parliament,  but  may  in  the 
intervals  of  Parliament  be  easpended  from  the  exercise  of 
his  place  by  your  Highness,  or  your  suoceeaon  and  the 
Council,  for  just  cause ;  and  that  the  number  of  the  Conncil 
shall  not  be  above  one-and-twenty,  whereof  the  qnortim  to 
be  seven,  aud  not  under ;  as  also  that  after  your  Highness' 
death,  the  Commander-in-Chief  under  your  successors  of  suoh 
nrmy  or  armies  as  shall  be  iiecessary  to  be  kept  in  England, 
Scotland  or  Ireland,  as  aUo  all  such  field-officers  at  land 
or  generals  at  see,  which,  after  that  time  shall  be  newly  made 
and  constituted  by  your  successors,  be  by  the  consent  of  the 
Council,  and  not  otherwise. 

A)i(l  that  the  staniling  forces  of  this  Commonwealth  shall  be 
disposed  of  by  the  Chief  Magistrate,  by  consent  of  both  Honase 
nf  Parliament,  sitting  the  Parliament ;  and  in  the  intervals  of 
Parliament,  by  the  Chief  Magistrate,  by  the  advice  of  the 
Council;  and  also  that  yonr  Higbneoa  and  successors  will  be 
pleased  to  exercise  your  Oovemment  over  these  nations  by  tbe 
ndvice  iif  your  Council. 


454 


CoHslihtHomal  Daaamnt3 


9.  Awl  ttut  tk»  CluiM«lk)r,  Krvpu  or  fammimimam*  i 
Uw  Onftt  Kwl  of  EngluMl,  tlw  Tnaauvr  or  Commmm^m 
of  tb«  TnMitrr  tlirra.  Um  Admtnl,  tlw  AM  Onw  ■ 
InUnd,  Um  CbMMrilor,  KMpw  or  Gmmmuamn  wl  tfc*  OkM 
S«i  of  IreUDd.  Ui«  Chwr  JutiM  oTlMk  tb»  B  ■  I  .  m 
Um  Chief  B&roa  in  EbiUimI  uid  trtkad,  Um  Osbmi^w 
in-Chlel  of  the  tar-f  in  ScoUumI.  ud  amh  oBmh  rf  SMi 
Uwre,  M  l>j  Act  oT  PulkaMst  b  SmUukI.  h»  Id  W  Mffn*^ 
br  I>ftrlwiiMiit.  MKi  Um  Jiid|w  is  Boattud  liirii>M  t»  li 
tud*.  ihkll  bt  Kfipivnd  of  li;  Wii  Robmi  itf  PufiiBHA. 

10.  Add  whiriM  yatr  HiglinMi  «i«t  «rf  Toor  mbI  to  th 
^orj  of  Oca.  wid  lh«  iirap^atiBQ  nl  ^  gM^  if  Ift*  Lv4 
JcMM  Cbritt,  ImUi  boos  plMMd  to  OMOuif*  k  flodly  bUM] 
is  Umm  notion^  «•  Mtnoitljr  imin  tbot  mA  00  d*  ifo^ 
ranla  tUa  or  Umv  m— liHii.  or  dirtarii  Uhs  ia  Ite  «mA^ 
or  wrrieo  of  fled,  to  th*  diiboae«r  «f  God,  woadkl  at  gm 
mta,  or  lirmh  of  tbo  pwei,  amy  bo  paiNlwd  Movfivg  k 
kw;  *aid  wbert  ib*  Uvi  or*  dAcUvo,  tU«  jnv  Ri^M 
will  rive  ecNuciM  to  twli  Uwi  m  UmD  b*  n^  i«  lfe*l  liloM 

11.  Tbat   tba  trao   Pro(oM«at  Ckri^MO   ratiifiaa,  ■■  it   i 
ooatoiiMd  in  tfco  Hoij  Seriptww  of  tbo  Old  ud  No*  T«aia 
•MDt.  ond  M  oUmt,  be  bold  faftb  umI  oaertad  far  t^  pAfii 
prrfiiiicn  of  tlmo  natMw;  ud  tbot  o  CiiofiMJy  o<  Mib 
to  bo  ofcreed  bjr  yow  HigbuoM  ud  (bo  hrlbaMl,  oe^aAa) 
to  Um  rab  and  w«bmI  of  Um  Seriplsno,  bo  aa«to<  ball 
hctb,  ud  rooMomoBdod  to  Ibe  poci|ili  at  t^M  tj— .  tba 
maam  mmj  fao  mbrod  or  ponaiitod,  bj  »|iprebrioM  otfc  ■ 
vritii^,  atlirioody  or  «o«to«ylouQilj  to  forfle 
Um  ConHmao  of  Fkitb  to  bo  oynod  wptm  la  ifii  nil 
■^   who  prodna  futh  fo   Ood  tba  rolbar.   asd   n  « 
Obriat  Hu  otoraal  Son,  Um  tne  O^  aad  In  tbo  Holy  8p 
Ood  o»«qiwl  witb  tbo  Patbcr  ond  Um  Bom.  om  Ood  Ua 
fcr  mr,  and  dooeksowladso  tbo  Holy  BcTi|*Moa«f  tboOld 
N*«  Tortonaot  to  ba  tbo  nvoolod  WiU  aod  W«^idOo< 
abdl  ia  otber  Uifatp  iUlm  b  aootriM.  »«riUp  m  dWH 
freaa  lb*  pnbUe  ptrfwriai  baU  forth.  «adM«owo  iball  bo  4 


lOs?)         Th«  HumbU  PttitioH  and  Admu  455 

froni  til  iigniy  and  moleiUtion  in  the  profeMion  of  tiie  fiith, 
■od  exeraiM  of  tlieir  nligion,  wliilit  thej  ftbow  not  thU  libcr^ 
to  the  oifil  injiuy  of  others  or  the  distarbuice  of  the  [niUic 
peeee;  eo  that  this  libertf  be  not  extended  to  Popery  or 
PrelMf,  or  to  the  conn  ten  encing  mob  who  publieh  honiUe 
blkephemiei,  or  praetiw  or  hold  forth  lioeatuninwM  or  pn^ 
fuieneti  under  the  profeicion  of  Chriit ;  nnd  thnt  thoee  miniften 
or  public  preacberc,  who  eha]!  agree  with  the  pnblie  proftaeiMt 
aforesaid  in  matten  of  faith,  although  in  thtdr  jndgine&t  and 
pi-actice  they  differ  in  mattera  of  wonhip  and  diaeipline,  aball 
not  only  have  protection  in  the  way  ^  their  ehnrdMa  and 
worahip  reapectively,  bnt  be  eateemed  fit  and  eapaUe,  notwHI^ 
■taading  anch  difTeranae  (being  otherwiaa  dniy  qoalifled  and 
dnly  approTod),  of  any  trust,  promotion  or  empkiyment  whatao- 
erer  in  theae  nationi,  that  any  miuiatera  who  agree  in  doetriaa, 
wonhip  and  diaeipline  with  the  pablio  ivofeaaion  afiireaud  are 
capable  of;  and  all  otfaera  who  agree  with  the  pnblio  pntfeaaiaB 
in  mattan  of  faith,  although  tbey  differ  in  matten  of  wonhip 
and  diaeipline  as  aforenid,  ahall  not  only  have  proteotko 
as  aforesaid,  but  b«  eateemed  fit  and  oapaU*  (notwitbaUnduig 
Bueh  difference,  being  otberwiw  duly  qualified)  tX  any  dvU 
tnut,  eniplojmant  or  promotion  in  ttwee  natioia:  hut  ftr  asA 
penona  who  agree  not  in  roattera  ol  &ith  witii  the  pohBo 
profession  afuwaid,  they  shall  not  be  capable  of  ncein^ 
the  public  maintenance  appointed  br  the  ministry. 

Provided,  that  this  elanae  shall  not  he  eonatmed  to  cocteDd 
to  enable  snch  ministers  or  public  preachers,  or  pastors  dt 
congregation t ;  but  that  they  be  diaenabled,  and  they've 
hereby  disenabled,  to  bold  any  civU  employment,  whieh  tboM 
in  Orders  were  or  are  diaenablad  to  boM,  by  an  Aot,  entitlod, 
'An  Act  for  disenabling  all  persona  in  Holy  Ordera  to 
exercise  any  temporal  jvritdiotion  or  ajitliority.'  And  tJoA 
your  Highness  will  give  your  eanaant,  that  all  laws,  rtatntei, 
ordinances  and  elaoaea  in  any  law,  atatote  and  oadinanea,  M 
far  as  f  bey  are  owtnury  to  the  kfonaaid  liberty,  be  repealed. 

12.  That  all  Acta  and  Ordinanoea  of  Parliannnt  made  fat 
the  abolishing  of  ArahlHsbopa  and  Kdiopa,  and  for  Ibo 
abolishing  of  Deans,  Deans  and  Chapten,  Oanaas,  ftclNstdiy 
and  other  offiota  aiKl  titles  of  or  halongiiig  to  any  Oathadra^ 


456  Co9ishhitio$»al  Doeumenis 

or  CuUegiatr   Chiin-h  or  ('Impel,  and  f«»r  th«  mXm  or 

diipofiitioii  of  thi-  Uuiis,  n-Dtii  aiid  hmdiUavnU^  «Bio  wmf 

eithei-  of  them  U  luupinK,  ur  fur  tL«  mIc  or  oilier 

of  the  UikU,  rent!  iiiid  here<iitAni«*Dti  of  the  Ute  Kiog. 

or  rriiire ;   or  of  the  laiidi  of  deliiiquenls.  foe-lArm.  or 

leiitii,  fureit-Uiidi,  or  any  of  them;  or  any  other  UaAei, 

lueiitB,  r^nti  or  ht-irditanieDt*,  lately  IjeloDfriDg  Co  the  L\ 

wealth,  til  all  no  wjiy  lie  imprachrd,  hut  that  they  do 

f^ooil    and   firm ;    ainl   that    thr    security   fpreii    hy    Art 

Ordlniinri*  of  i'iiiliameiit.    fi»r  auy  tuin   or   avma  of 

hy  niiy  of  the  Mid  laiidi.  the  pxciae.  ur  hy  any  oihee 

I  evenuf  .  a  J  id  aUo  the  •^iuritivii  i^ireu  hy  tlie  ptthlic  Cauh  of  ihi 

nutiuii,  Hiid  tho  eQifH^vmriit  of  thi'  puhlic  lailh  for 

i>f  dehtrt.  may   n-niaiii   firm  ami  gootl.  aud  not   \n 

hy  any  |Mcteiiro  wh:itiH)«'\iT. 

I  {  Thiit  ;ill  and  every  |irr»on  and  iienoat  «ho  haie 
alM'tti-«l,  iidviheil  or  aasiMte*!  in  any  war  affainat  the  i'arli 
!iinre  tin*  int  day  of  January.  1641  *  ^anhw  he  or  they  hn«» 
Hincf  Uiriif  arnm  for  thr  TailiameDt  or  yuar  Hi||hnMa.  or 
iithf-rwi^i-  ^ivi-n  hi^nnl  tefetini>>ny  of  hi«  or  tiieir  good  affnf  ^ 
to  til**  Cnmrni^nwealth,  ainl  r.  ntihue*!  faithful  to  th*  mmm^. 
mid    ill]    '-iiih    .M    have*    UH*n    a<tually    enffairtd    in    any    f^a^ 

iin»)>:r.ii  y  ••!  lir-iLMi    :i^  .ii.-t  lltf  pi  r*«in  of  your  Hi|(hnrai,  or  in 
.ihy  iiiMiniv-ti'ii     \    rt-l  rliiiii'.   in   Knjlaud  or  Walea.  mdtv  the 

ifiMitf  I  >f ]il<er,  i'»'.i:   :tit«l  tot  S-i>t'iind.  tliat  all  xmi 

|M  imin  ;tii>l  ]>t*rMtii<i  wl:-  h  iTe  I  i>mi  ii.  aihh  a^in*f  thr  TatIi 

f    I'mu'I;*' ■'.  hl.i  :i*'     ').•     I'lr'i.iMi' nt    in    Scotland 

■ill-  i*t  .i.i\  .  t  .\|m1.  164^  ^1  ii-r;*  n^wh  tk%  \\%\t  •tnrr  h 

I.  ti«'  -•  r\  i>   •>!  thf   l'.-irli  iMii  iiT   <•-'  Koi;ii«i.<l  i>r  yrur  lli^&j 

!■   fc".vi  :■   ■  f !  ♦  r    -iL'' ■«■    '•••'■m   *\    if   T^t«ii    e*^"!   .kiTti!i.-i. 

•  ■   T\    ]ii»m;    ..|    |«*|''|.-   riiaT    -I'lf   *hf   tvai-i   i*t   day  of  AfViL 
i'  4".  \, '\r  '-^fii   Hi  Aiw,^    if-  itKitui*'    .i:d^  alirtl^    adviflid 

.1  >>i«t*--!  i!i   .iT ;.   W.I'    rti.*.iMi»t    ihr    I'.irlijimpnt  •/  Kairland  of 
\>   :*   Ii  k't.ii«-    i\  «■]  f   --L  1 1  |n  r  •4>i.^  u  h'>  itAiiii^*  («en   ir.  arvik 

•  ■     *•  rr  u  -M    4-  •  ".   =    -I    r  --  •!•.•!•:«*•  «1  in  ally  war  a^iu»C  tW 
I     t.  :*     ;    I  :  .-   .•   i     I    \  -IX    Mu-l.fot!*.  iii^re  thr    itt  dav  il 

i'*4'       •: 'i  »•:!•  -    *   1;.   ..rn."  4j»Ui^t  the  l*arlkameBt  «f 
'  I.  J  ill.  i    ■  •     ./vn**  •'.'■    I     :     iTf  •      T   '^r  •!*iid.  I*:"t»ia  tK*   |f| 


■tfS7J  Tf'f  Humble  PeiiHoH  and  Advice  457 

dfty  of  April,  164S ;  u)d  h»T«  nuee  Uw  lit  dafof  M«nh,  i6gi 
(old  atyle),  lind  paMMtU;,  aod  thonbf  ginn  iMtiiDonT^  tboir 
good  ftfleetion  to  tht  PftrlUment  and  jour  Hi^sbm,  ba  iiutd* 
inci^bla  for  erar  of  holdiog  or  enjoTUig  of  uty  offleo  or  {daot 
of  pnUio  tnut,  in  tbose  thrM  nations,  or  anj  of  them. 

ProTided,  Uiat  nothing  in  thii  Arliela  oontained  afaall  eztand 
to  pot  any  incapacitf  in  this  Artida  moDtiMied  upon  anj  Engliah 
or  Scotch  Protaitanti  in  Iraland,  who^  bafbra  the  lat  dayof  Mank, 
1649,  haT8  borne  anna  for  the  Fariiament  or  joai  fiighiMM^  or 
otherwi«e  giTon  signal  tftimimj  of  thnr  good  sJbetioB  to  this 
Common  wealth,  and  oontinned  faitUnl  to  the  aama. 

■  4.  Aud  that  your  Highnon  will  be  pleaaad  to  oonasat, 
that  nothing  in  tiiia  Petition  and  Adriee  c<MitaiiMd,  nor  jonr 
HigbneM*  aase&t  thereto,  shall  be  eonstmed  to  extend  to  the 
dissolving  of  this  preeent  Farliamant,  bnt  that  the  same  shall 
continne  and  remain,  nntil  nob  tiMia  as  joar  Highness  shall 
think  fit  to  dissolre  the  aaine. 

1 5 '.  And  that  nothing  oontaioad  in  this  Fetttaon  and  Advieti 
nm-  yoar  Higbneea'  ooBsent  therennto,  shall  be  eoitrWMl  to 
extend  to  therepedingor  makingnudof  anjAetor  Ordinaoea 
which  is  not  contraiy  herennto,  or  to  the  tnatten  haraia 
contained,  but  that  the  asid  Acta  and  Ordinaaeea  not  euateaij 
hereunto  shall  contintie  and  remain  in  loree,  in  snob  maaw  m 
if  this  present  Petition  and  Adnea  had  not  at  all  bam  bad 
or  made,  or  your  Hi^iness'  consent  tbeminto  giT«k 

16.  And  that  all  writs  isanad  ont  of  the  Cfaanoerjr,  and  ell 
writs  and  patents  of  tbe  Jssticee  of  the  one  Ben^  and  of 
the  other,  Harons  of  the  Raebeqaar,  Conuniiaiona  ct  aj/tt  and 
Urmintr,  gaol-deltvery,  and  Jnstieaa  of  tbe  Pence,  and  all  other 
conimiisians,  pateuta,  and  graota,  tnada  and  passed  nadir  the 
Great  Seel  of  England,  Scotland  or  Inland,  shall  stand  good  and 
effectnal  in  the  law,  notwi^ataoding  thia  PstitioB  and  Adviaa, 
or  your  Ui^meas'  assent  tbtraoBto,  at  tmj  law,  statata  or 
custom  to  the  oonttary ;  and  that  all  writa,  and  all  eomaaitdaaM, 
Indictments,  informationa,  proeeaa,  aotioaa,  atlita,  Ulla  or 
plaints,  taken  ont,  or  now  d^endiag  in  an7  Cooit  of  Baeocd 


45^  Constihitiofuil  DiKumenis  ,t^* 


nt   WMtiiiinttfli.  ur  ftii\   uiiici    i  uurt  <»f    Hfi'urii.    \u 

m 

ScutUiKl  tir  IrrlHiMl.  ur  in  tlir  tuwti  uf  IWrvick-u|«io-T«ff««i. 
Mini  all  prui-eu,  |ilr«i.  ilfiiiiJiii-r^.  C'iitii.Uttf!i*«i  mu\\  prx/cr^i-g^ 
ill  i'ViTv  »iich  writ!.  iii"ii*(iiifnt«.  iiiforiiiAtii'Ut.  actinfia  taiU 
liilli  and  pliiiuts,  sliitll  l«  lettiriiMliU*.  nXtLud  igo  ^  aoil  rtfcrto^. 
iui>l  Ikt  pio-ecutcil  Mi.il  >iue«l  I'lTtl.  in  luch  maimer  mod  f  ra^ 
Hini  in  th«  iHiii*-  itate,  «-i<ii(liti<'n  ami  nMer.  th«  itylr  atMl  tc**.  i 
pioceeiliiigi,  after  |iauiii((  of  tlie-e  prr<iriita,  (leiDir  mail*  e.a- 
lorniabli*  thereuiitii.  this  prc»ent  iVtitiiin  and  Atlmoa.  ur  w.«r 
lli)(tiiif*iiH'  uiM-iit  thereuiitt*,  m  any  law,  roittioi  «r  imasv  u 
the  I  "iitrary  tlivrmf  in  any  wi«f  n«>twithttaiidiiiiC  :  and  tbal  aaj 
VHriunti  tliat  ihall  l^e  iMVHji<Mir>l  liy  rrnioa  tben-*  f.  toucKiaf 
an>  t)f-  hai«l  writh.  pr>ceii  ur  priMreeliiiiri  in  tbr  nam^  ttyit. 
tc*-t  ni  •  th««rwiM-.  KtiMll  not  In*  in  aiij  wiRf  material  aa  cnt^9Tz.,z^ 
II I. y  ilfl'iiult  el'  ffpir  to  lie  «llr|ffil  fi  iil)ji*rt«^  thrreoiiti' 

17  And  tlmt  yt>ui  Hifrhiifu  and  ymir  fturcvMun  «u.  b* 
plfiiM-iI  tu  tnkn  liti  ont)i.  in  i^uch  form  aa  phall  be  ■yiM  1  ^vcm 
|iy  Ni'Ur  Hiu'liii*'-'*  amI  tliii  prrMrnt  pArliAmrnt.  to  ^werm  t.*]*ap 
natinnn  arrtinlin^  fn  tlif*  Uw. 

|N.  And  Ml  ci%-t  your  lli^'lin^^a  ilinll  not  («  Mtiififti  to  five 
\>>iir  ri>n«ri  t  ti>  aH  tlir  niHttrr^  Ami  ttiinir«  in  tbia  kcr.b^ 
rftitioii  nh'i  Ailvirt'.  tliAt  thrh  ii>>tliin|{  in  thr  naa  be  d«fftt#4 
it  fiir.  t"  •  11'^:**  ti.r  }>i>>|>]r  i>f  theta  iiati>ii«  m  ar.j  IW 
pHitii  ui.irN  Tiiti>iii   r  •nt.iihiii. 

All  1  thi'M-  I'iir  ii<'*>  r^»  )>eiM^  granted  Ky  y- ur  HiirlojcM.  «a 
•■}.  il!  I.Kpf  t)iii>iiL'h  'tiv  i  t'^i  nuTi  y  Aul  h:  •■ine«*  uf  Godi 
tKiit  it  uill  |>ii>'..  nni:  f  ir*rned«  to  th<«<*  lianwera.  dittractM«& 
.11. -i  iii*<tt-M:]»  r*i  uii:<'li  ili'«r  n.iti' ni  are  Imiw  in  aui  be  as 
«t*i-i!n.k!  II.- .1:  ■•  til  Ti'Ii.  \*  t))  -r  J- liliiii*!*'*  oriil  frari  WhiC^ 
Ki:.*!  h  :i:  t)'-    inii.'l-  •  :    maiiV  nirii  1  •>.  rcri'.ntf  titr  (r-Ttmi 

•  *   T'.-   (  •  ni!it>iiHiii.*.'i  .    Ai:  i  iiMri*'\  «*•  trial  1  t«  ^nA^!e>; 
f\     -  .lA.-id  \\;r)i   il.  >   .«•!  itiiln«-i>i  t"  r}i»  *>#  tiling*  of  Audt  tbia^ 
M':   -    •!  a!.    '•    tui'i.'-:   !.• .  I  fi«Ary  li'i  itir  ifual  i-f  tbe«e  t^li-jCJi^ 

•  I   :  ::.•-*    :-  -  --    t>        in   «it)t    \ ■ 'i    in    pr   inotinif  tb«    «oc4 
*  If'   til. II*:-       •  ^i  ]■:  >   t«-k'ii:<   t-^   >    (•(   llipT^  1  ees,  ti-f   reffn^alian 

■     irt^  •  ?    ti»f:i>     -ii.  I   A-  rii/ii.i;  t-<t'r.  li.^  di  lAV^  and  r>iar]f«i  oi 
!n  ■'     ■•:  ••      •!.  i    iij  !    .    1   .  -•  .V   »    •■•    ••.;  I.    I  tSi**r    «ourica 
:  •>!    •i  A'  ri..t-.  1  •<  :..•  -I  .  o    (•    i«t  ni  •>  :r  )i|VArht  t  and  divii 
....  :    T      j>-*    -••    I    •••r    ]    •       ...I'l    [.■    I       n    ;inivil.    AuJ    VI 


1657]       The  Additional  Petition  and  Advice        459 

with  th«DiielvPB,  tmd  to  lay  a  fonndation  of  further  conlidetice 
between  your  High ness  aad  them,  to  the  rejoiciog  of  the  hearts 
of  our  friends  and  tcrrur  of  our  enemiei. 

Which  Petition  being  preeeuted  the  >sth  day  of  May,  165}, 
his  Highness'  aniwer  therennto  was  read  by  the  Clerk  of  the 
Parliament  in  these  words, 

The  Lord  Protector  doth  coosent. 


103.  Tui  ADDinoNiii  Petitiom  and  Advice. 
[June  16,  16.(7.     Scobell,  ii.  450.     S«e  Mumo'i  lAfe  of  MUton,  v.  141,] 
To  hii  Higkne»»  the  Lord  Profeetor  of  iKe  CommonuieaUh '  of 
Knglaiui,  Scotland  and  Irtiand,  and  tht  dominiotu  and 
terriloritg  Ihereunlo  belonging  ;    |A«  humblt  additional  and 
rcplanaiory  Petition  and  Advice  of  ihe  knightt,  citixeat  and 
biirgetten  now  atgembUd  in  the  Parliamtnl  of  this  Cimtmonr 
wealth. 
Whereas  upon  the  humble  Petition  and  Advice  of  the  said 
knights,  citizens  and  burgesses,  now  assembled  in  the  Parlia* 
ment  of  this  Commonwealth,  lately  presented   and   eonsented 
unto  by  your    Highness,  certain   doubts  and  queationa  bar* 
arisen,  concerning    some    particulars   therein    comprised,    Iw 
explanation  whereof  may  it  please   your  Highness  to  decl«« 
and  consent  unto  the  additions  and  explanations  hereafter  men- 
tioned, and  may  it  be  declared  with  your  Highness'  consent : 

111  the  fourth  Article. 
That  Buch  person  and  persona  aa  ioTaded  England,  under 
Duke  Hamilton,  in  the  year  1648,  or  advised,  coueuted, 
assisted  or  voluntarily  contribut«d  unto  that  war,  and  w«« 
for  that  cause  debarred  from  public  trust  by  ttie  Farlianent 
of  Scotland,  be  incapable  to  elect  or  be  elected  to  sit  and 
servi^  as  members  of  Parliament,  or  in  auy  other  place  of  public 
truBt,  relating  unto  the  fourth  and  thirteenth  Articles  in  the 
Petition  nnd  Advice,  excepting  such  as  einoe  have  borne  arms 
for  your  Highness  or  the  Parliament,  or  have  been  admitted 
to  sit  and  serve  in  the  Parliament  of  this  Commonweatth,  and 
are  of  good  life  and  oonversation,  or  inch  as  shall  hereafter 


46o  Conshhihoual  Documents 

Ik*  lift- 1  an*!  i  dy  ymii   Miphti<(>-  witii  ili«  aiUicr  it  5  tjr  <  '- 
tu  bavp  tfivi'ii  Minii*  >it;Tial  taiiiinfiny  of  their  ic*od  afffcii  tt 
cuiitiiuiuiK'e  in  tlif  !»aTiu*. 

That  the  pruvi-ii  in  tlie  niH  r>Qrih  Article  >«  rs| 
thuH.  vii.  ihiit  Mich  Enirliiih  and  Scottish  I'r ■frvtanti 
(vince  th<-  (htVi  t;on  nf  thv  Karl  nf  Ormond.  and  tb« 
Inchifjuiii,  and  hrtnri-  tlio  mt  «liiy  nf  March.  1^49 'f  kif« 
liornr  arni!(  f<>r.  ai.il  cvrr  piiici*  t-Miitii.nvd  failhfal  !••  thr  Par- 
liaiiieijt  tir  \«>tir  IIiL;hnc«»>,  itr  hAvc  i'tl:fr«i»«- fhrft-r^  the 
iHt  iluy  of  MttP-h.  ifi4C|'i  ^'ivrii  •ihrnal  tettiExxmy  t*i 
i;«nm|  affrctiuii  tu  thi^  ( 'muinonwralth.  anil  harr  ^xtr  ■«&•» 
tiiiUC'l  t'.iithtiil  til  the  xtiur,  ^hall  not  l^*  drl«iTni  •« 
inca|iaMo  nf  <Iei tini?  or  Wxwv^  f It-rtecl  to  ««*rre  in  rarliAat&t. 

Aiid   uhiTi-iiA   in   (he  aaiil   fuurth   Artirlr.  puhlic   miBK 

•  •r  puMii;   |>rea>-hirs  •»!   the  <fi)->|ir!  am  dinahled  to  l«   r] 
tii  irrvf  in  iVtrlidiiirnt  .    ir  m  hnehy  i  i|liir.Mi  an^l  dfvUrvd  t* 

•  xtrud   to  Mirh   ininifitfrM  iiihI   prrarhrrt  only   at  bate 
I1  imiiivfnr  prrKrhiiihr.  «ir  arr  |>A^toniiir  te4rher«  of  col 


III  I  he  ^aiil  ftiurtk  Article. 

ilint  iii«tiail  I'f  t'oniiniwiiinrni  to  In*  ap|Hiintcd  br  AH  af 
rArliaiii'-iit.  til  •■xaiiiii.e  and  trv  whether  the  memlv'n  to  !■ 
I  le>  tr<l  t«'r  thi'  IlKii^e  i<f  ('(immoiin  in  future  l^rli 
lH'ta|>.i)l>  111  xit  .«« •^tfiiiii:;  to  the  iinalifii'ationt  meati 
till-  '-.lid  I  Vtirixii  iiuil  Advil  r.  there  nhnll  lie  the  prn^T 
r'.i.f  i-f  li.cco  laiil  iitid  ii.flicteil  u|H>n  i'\erT  purh  uB*|aal; 
III!  inU-i  >  It'll. Lf  «••  it-ijuliT'di  liv  tilt  said  lliiu***  t>f  K\< 
.11.  !  1:;.)  M-  I  !iii  nt  •  I  1. 14  |ii-ii««iii  liiitil  |«rment  thereof. 

And  lliiil   Tif  i  iiMi  ii'j  i-l.iiii>r9  in  the  *jiiil  Article,  vii  '  Ve 
i{r-ir«    that    1*    \i.\\    '•}    y-  ur    llik'hneM'   ton^eut    be 
tit.tt  1<  it\  (If   I  li'        i-^.mi-Ih  :i|>|oilitf-d  Ii\  Art  of  Paxil 

will.  •■!  tivr.  iT  : t   iKi'ii    pliali    U'   .lUTlioriBcd   to  ei 

.11. d  'TV  %»h«'*h»T    •{.■    ir.i"- l*r*   til  !•*•  rlfN-trtl  for  the  H< 
I  •i-iM-.  Us   II.   '   •  .1      I  mrii.tn.i-ii!*  U*  ra|«M*-  t-i  iit.  aon«>iiaf  to 
tin-  .ji.ti.ti  nt;.  I  -  iiti .  ■    i.f  !  If.  tl:i-  iVti!i"n  ai'd  Advt'e: 
;.  I  »-•  *i.'\  !.;   i  'i.-rii  :    *    ,;i  I'.ir'ied  a*  rnrd'.iiirly.  then  to  wmk 
\\»9\i\  :;-iii   -.t*.!!:  -.III.     'h"   H  liar  c'f  (  I  nin«>nf  aball. 
I  •  tMntf  lit  11   I'liti  w'mt  I  «•# «    M'iniit  thtm  til  it       «hic4  t\ 


I  •     iO*^ 


1657I        The  Additional  Petition  and  Advice         461 

miBsioDers  are  to  Btand  so  authorised  for  that  end,  until  the 
House  of  Commons  in  vaj  future  Parliament  shall  nominatf  the 
like  number  of  other  CommiHioneri  in  their  places ;  and  those 
other  Comioiiaionen  so  to  be  nominated  in  any  futuie  Parlia- 
ment, to  have  the  same  power  and  authoritj.  That  the  said 
Commissioners  shall  certify  in  vriting  to  the  House  of  Com- 
mons, on  the  fiFBt  daf  of  their  meeting,  the  cause  and  gronnds 
of  their  suaiiensions  of  anj  person  so  to  be  elected  as  aforesaid ; 
that  the  accusation  shall  be  upon  oath  of  the  informant,  ur  of 
some  other  pei'son.  That  a  copy  of  the  accusation  shall  be  left 
by  the  party  accusing,  in  writing  onder  his  hand,  with  the 
party  accused,  or,  in  his  absence,  at  his  house  in  the  county, 
city  or  town  for  which  he  shall  be  chosen,  if  he  have  any  snoh 
hoase,  or  if  not,  with  the  Sheriff  of  the  county,  if  he  be  ebosen 
for  a  coanty,  or  with  the  Chief  Magistrate  of  the  city  or 
borough  for  which  he  is  chosen  ' ;  shall  not  be  put  in  execution 
or  made  use  of,  hut  shall  be  Toid,  frustrate,  nnU,  and  of  none 
effect,  and  shall  be  >o  coostrued  and  taken  to  all  intenta  and 
purposes  whatsoever,  anything  contained  in  the  said  Petition 
and  Advice  to  the  contrary  notwithstEwdiag. 

In  the  fifth  Article. 
Th&t  the  nomination  of  the  pMW>DS  to  supply  the  place  of 
such  members  of  the  other  HoVie  aa  ehall  die  or  he  remored* 
sba!]  be  by  your  Highness  and  your  successors. 

In  the  teventh  Article. 

That  the  monies  directed  to  be  Cu'  the  supply  of  the  see  and 
laud  forces,  I>e  issued  by  advice  of  the  Council ;  and  that  the 
Treasurer  or  Commissioners  of  the  Treasury  shall  give  an 
account  of  all  the  said  money  to  every  Parliament. 

That  the  Officers  of  State  and  Jndges,  in  the  ninth  Article 
uf  the  said  Petition  and  Adnee  mentioned,  shall  be  chosen  in 
the  intervuls  of  Parliament,  by  the  consent  of  the  Council,  to 
be  afterwards  approved  by  Parliament. 

That  your  Highness  will  be  pleased,  aeoording  to  the  usage 
of  former  Chief  Magiatrates  in  these  nations,  taA  for  the  better 
bati^l'action  of  the  people  thereof,  to  take  an  oath  in  the  form 
ensuing: 


46a  Co9i5htutwHal  Documenis  t«*t 

'  I  (ill  Ml  the  |Mt"*«iii*e.  ami  by  tlif  uaiue  of  Ood  AJm-^kcy 
proiiiiM*  mill  ?wci«r.  that  to  the  ultrrmo^t  nf  mv  (Vywvr  I  vu 
ujihulii  Aiiil  iimiiiti«iii  the  trut*  reforuieil  rrotctlADt  <  kn^«ft 
relif^ioii.  in  the  pmity  tht-pof.  ar  it  \s  coiitaitied  in  tj^  H«fv 
Sctiptuipfk  i>t  thi^  1  'M  uiiil  N«w  TtrttAinent,  to  tiir  attera> A  ^ 
luy  p-  wrr  %\v\  initlfiitaiiiling.  and  eucoursgr  the  |ir>'««B» 
aii'l  |ir«ife!4^* Th  ut  the  Miar ;  aik!  that  to  the  utteraK^i  li  mj 
1 10 we r  I  will  piiilraruur,  u^  Chief  Mafrifttrat«  of  tlMte  iajw 
nation^  thi*  itiaiiitfnaiice  and  |iretcrTatioa  of  tht 
aafety.  ami  ui  the  jiiiit  ritfhta  and  priviieirM  of  tbf 
theroiif.  ahri  Nhall  in  all  thintfi*  according  to  mj  beit  h^'^V 
an<l   |H)Wer.  pivrin    the   |ie<>|ilc   of  theii*   nati'-nt  arv^-rL^^ 

i  iW 

'I'h/it   VI ill r   MiL:hn»'>B'  Micc«>««i»ni  'i's  Ijeifir   liir?  tAke 
th' III  till  ^''•\.iiiiiient  uf  thi-M  natinn*.  take  an  oath  in  t^ 

Thnt  hU  "Ui  h  p*TB>  n^  who  nnw  are  or  ihall  hereafter  he  ni 
1  lie  V\'\\\  I'Miincil  lit  \i*ui  lli^hneaa  ur  rocieaai>rm.  Kef.«e  tMy 
I  I  I'.ihor  I'f  tifiii  ilo  act  .n  C'lUirillorB.  thall  mpectiTeU 
.III  at!i  ]>«'f"ii-  iiM'^»iiii  tM  In-  aiithoriae«l  br  T^Hir  lIurbnMi 
«iuiCS9oi>  t<T  tiiiit  |Mir|)0'*«',  HI  the  form  fi>llawiD|r 

'I.  A.   W .    i  >    in    the    |>rr»fnee,   and    by   the    naar    of 
A.:iiiL'lit\     |l^•<:lli^e   aifi   iwear.  that    to   the    uttenaoal   of  Wff 
I>->\iii.  ill  ni>  }Iit«r.  I  will  u)  h'lM  anil  maintain  the  true  x^is 
1*1  •t'^tant  I  i.riMMii  irliiriiin,  in  the  purity  th»*recf.  m  it  u 
t  iiif'i  111  til    ilitiy  SiMi]'t::reA  uf  t).*-  <  'Ki  aixl  New  Ti 
a'  •!  en- «'.:i.i.:e  tht*  |irt»fi*««iin  an-I  |nifi'««4>r«  of  the  Mj&e 
t!.:it    1    uili    )ir«   tru-   ni.il    faithful   to    lii»    llight.eM  the 
I'r  '•   t'<i    if   t!.*-    (  oiLUionwealth   of    KngUiid.    So«Clai>^l. 
Iri  \a\A  Hini  tl.i-  iliiiiiiiii><ii4  thrirtii  )«Iongin|r.  aat.'hief  Mi 

*  ■:•  .111  i  *>!.iii.  i.ot   •    lifriTe.  druu'n  <t  attempt  an t 
Rt'iM.-t   1    •    ]e>>>!i   <r   Liwhi!   anth<?ity  of  hi«  Mid    Hi 
.i!  t        .  ;    ^.l|•   -rut   rti!  matterii  that   ihall  be  trmCed  of 

*  -         i.  \i  1  I  .!  ij:.-iii  M'%  rtvv  .ti:-!  not  rereal  tb«*m  b«it  I'Toa 

'    1    I  •    !,■•  i.t  -  !  \.\%  Iiiwl.:.rii*.  the  Parliament  or  the  K\ 
•>-  1  '':  t  .  Ill  aii  ?}i:2^^i  fjiit-Ju:!y  |-rf>'nn  the  trait  cow 
■      r:.'    'I-   »   *  ■   :: 'li!  r     K->.irlii.ir   t«>  the  be»l   of  mx 
-'.%:,''.:  .^'   1:.     :    .r  t        •■  »;  <->i  ^••\eri.iiiexit.  |«ace  a:.d  velfaiv  if 


i6st]       7"^fi  Additional  Petition  and  Advice         463 

Th»t  the  Bamo  o*th  be  taken  by  the  members  ot  your 
HigliiieBk'  Council  of  Scotland  And  Ireland. 

That  eTflry  pereon  who  now  ie,  or  hei-e8ft«r  Bhall  be,  * 
member  of  either  Uouae  of  FitrliBnient,  before  ho  sit  in  Parlia- 
ment, shall,  from  and  after  the  ist  day  of  July,  1657,  take 
an  oath  before  jMrBons  to  be  authorised  aud  appointed  by  your 
Uighuese  and  BuccegBors  foi'  that  purpose,  in  the  form  following  •. 

'  I,  A.  B.,  do  in  the  presence,  and  by  the  name  of  God  Almighty, 
promise  end  swear,  that  to  the  uttermost  of  my  power,  iu  my 
place,  I  will  uphold  and  maintain  the  true  I'eformed  Protestant 
Christian  religion,  In  the  purity  thereof,  as  it  is  contained  in 
the  Holy  Scriptures  of  the  Old  aud  New  Testament,  and 
encourage  the  profession  and  professors  of  the  same  ;  and  that  I 
will  be  true  and  faithful  to  the  Lord  Protector  of  the  Common- 
wealth of  Eugland,  Scotland,  and  Ireland,  and  the  dominions 
and  territories  thereunto  belonging,  as  Chief  Magistrate  thereof, 
and  shall  not  contrive,  design  or  attempt  anything  against  the 
person  or  lawful  authority  of  the  Lord  Protector,  and  ahall 
euUeaTour  as  much  as  in  me  lies,  as  a  member  of  Parliament, 
the  preservation  of  the  rights  and  libertiei  of  the  people.' 

That  your  Highness  would  be  pleased  in  convenient  time, 
before  the  next  meeting  of  this  Parliament,  to  cause  seTenJ 
summons  in  due  form  of  law,  to  be  issued  forth  to  nch  peraont 
as  your  Highness  shall  think  fit  (being  qualified  according  to 
the  humble  Petition  and  Advice  of  the  Parliament,  whereto 
your  Highness  hath  consented),  to  sit  and  serve  as  members  in 
the  other  House  of  Parliament ;  by  which  summons  the  said 
pei'SODs  shall  be  respectively  commanded  to  be,  and  personally 
to  appear  at  a  certain  place  and  time,  to  be  appointed  by  your 
Highness,  to  give  their  advice  and  assistance,  and  to  do  such 
things  conceruing  the  great  and  weighty  afiairs  of  this  Com- 
monwealth, as  to  the  other  House  of  Parliament  doth  appertaiD 
by  the  Eaid  humble  Petition  and  Advice. 

That  the  pei-aons  so  summoned  and  assembled  together,  ihall 
be,  and  are  hereby  declared  to  be,  the  other  Home  of  Parliament ; 
nnd  shell,  and  may  without  fui-ther  apfx-obation  of  this  House, 
from  such  time  of  their  meeting,  proceed  to  do  and  perform  all 
suck  matters  and  things  as  the  other  House  of  Parliament 
ought  to  do  aud  perform,  and  shall  and  may  have  and  exerclN 


464  CoHsUtuitoHal  DocumemiA  f«r 

All  fuch  piiTileffe*.  puwert  hikI  MitboritiM  a*  Xhm  Mbar  Hiwm  i# 
iVrliAiuviit  ought,  by  the  afnraMid  hainhU  THitiMi  a»i 
to  hftTe  Ik  lid  ezerciftr  ;  the  laid  humbl**  rctiUoo  and  A<svi 
anythinK  tharein  contained  to  the  rontrary  tWr«e#  dc4«ii^ 
ittanding. 

Whirh  I'ctition  liein^  presented  the   26tk  day  of  J«Ae.  i^s? 
his  HiKhneM    .iniwi-r  thereunto  waa  read  Ny  the  (l«rk  e/  tki 
Parliament  in  these  woidi. 

The  Ix>rd  Prutector  lioth  coaeeaf 


HuOK  ii»-  L'•klJ^•  o>   iHi.  rH<iTaci«iaAii^ 

()li\^r,    lii  r<l  Frwir.  ttir  ot  the  (*«  miiu'n wraith  uf 
St  iitlaitd  aixl  ltelAii<1,  and  the  dominiiaii  and  trrritorire 
uiitn  lielorc^int; :   to  our  trusty  and  lielnrctl  iiiD.  Lord   Ki< 
fVimivell.  irrxtitiff. 

W)i«>iPAM.  |iy  the  udTJrr  and  a«ient  uf  nur  Cottixcil.  ioe 
•Mtaiii  ;^reat  MxA  wri^'hty  aflAin  t*tmceniiDg  ue  a&ii  the  rtflto 
and  iltf'fciu-e  nf  thr  ^ai•l  ( '•  mmoiiweaith,  we  ordaioe<1  uor  \  n  1  mH 
r.iilian.i'i.t  ti'  W  belli  At  iiui  city  of  Weet milliter.  !be  i^tl  day 
•  f  Sr|>tfniT>er.  in  tin*  \r.ii  of  nur  I^'ni  1656.  and  tjMre  te 
r.  n^iilt  Ai.i  aiiviir  \Mth  tlir  kni^'bln.  litixent  aud  V«argreaN  of 
'><.ii-  Mid  (*«  iniiioni^fTvltb  .  whi' )i  larliiiinent  was  tlk^u  aod  tbeflv 
held,  ai.d  rmtiiiiuxl  until  the  i6tb  lUy  of  Jaor  last  pael 
\\\t'\\  .-ii1<  'irii'''i  iiu'il  ihr  20*.\\  dav  ff  Jai.uarT  i.ow 
roniinj;  *hrre:<*i*  up  (*i>niTnAitd  aini  firmi}  enjviii  yc/O, 
Ci^n^iiriiri;*  tht*  >l:ffi>  iilty  "f  \\\r  uid  affairs  an*!  imn 
•i:i:  (••  I*.  aV  n-  iim*«  f^i-iiitf  art  .i>idr.  \.iu  !••'  |«r>«  nalS  pree^at  at 
Wi^*'  ir-'i :  af.  ie*!\i  1.  thr  "aid  jothday  of  .Vannary  n»it  ci 
frr.'  t"  tifa\  •*  n:>r.  And  fc:i\i*  )<  "ir  aiivhe  with  ii«,  aad 
\\.'  ^-1  .1'  ni> :.  h\A  i.<  •  ei  in  aiid  *•  n>  r mi iif;  the  affaire 
Kill  tI  -.  .1^  Till  !  ve  •ur  h'lii'Ur  and  aafetT.  and  tbe  drfesM 
■  f  the  « '■  rwTv  r  »•  ;i;»!.  af-  r<»«."*id    yi  11  ihall  in  n"  wiie  omit. 

VNiti.ia-     a:i«lt   a!    Weatroinater.   the    loth   daj  «l 


The  Dedetration  of  Breda  465 


106.      TtoE  DHLUtATIOK   OV  BUBA. 


CIuu-ImR. 

Clurles,  bf  the  grwM  of  Qod,  King  <tf  Ens^utd,  SeaUsnd. 
FmiM  And  Iraknd,  Defmder  of  the  Faith,  fte.  To  »U  oor 
loving  (objecti,  of  wh«t  degree  or  qoalitj  loeTer,  greeting. 

If  the  genenl  distrution  uid  confiuion  irhioh  ii  ipiied  over 
the  whole  kingdom  doth  not  amken  all  men  to  a  deain  aad 
longing  that  thoie  wounda  irhieh  have  ao  maiif  jaan  together 
been  kept  bleeding,  maj  be  bound  np,  all  we  ean  wkj  will  be  to 
no  pnrpoM ;  however,  after  thii  long  lilenee,  we  h>n  thon^ 
it  oar  duty  to  declare  how  much  we  dean  io  eonlribiit* 
thereunto ;  and  that  aa  we  can  nerer  giro  orer  the  hope,  in 
good  time,  to  obtain  the  poaMaaioB  of  th^  right  iriueh  God  aad 
nature  hath  made  our  due,  ao  we  do  make  it  our  dailf  aitk  to 
the  Divine  Froridence,  that  He  will,  in  imiriiriim  to  oa  md 
onr  lubjecta,  after  ao  long  miaery  and  Buftringi^  rmit  and  pBt 
UB  into  a  quiet  and  peaceable  poaaaamoB  of  that  ov  ri^it,  with 
as  little  blood  and  damage  to  our  paeple  u  ia  paamble ;  nor  dit 
we  desire  more  to  eqjoj  what  ia  onn,  tbu  that  all  ear 
■ubjeeta  majr  e^joy  what  \tj  law  ia  theita,  bj  a  fiiU  aod  eotir* 
administration  of  jutica  thrDn^umt  the  laud,  and  by  cadndiBf 
onr  mere;  where  it  ii  wanted  and  deaerred. 

And  to  the  end  that  the  fear  of  paniduMot  Mf  not  — gngt 
any,  eonidona  to  thamielTeB  of  what  ia  paat,  to  %  pmwa»W 
in  guilt  for  the  fnturai  Vf  oppoaing  the  qaiat  aad  hnpyiDeM 
of  their  aountr]',  in  Um  reatontion  of  King,  Peare  aad  peoph 
to  their  juat,  aneient  and  fhndaiMntal  ri^rt^  we  do^  bj  Umm 
preaenta,  deelara,  that  we  do  gi«Bt  *  free  and  geaanl  pardon, 
which  we  ere  ready,  npon  iliiiaaiMl.  to  paai  vndar  oar  Qiant 
Seal  of  England,  to  all  oor  ad^aeta,  of  wh«t  digrae  or  qvH^ 
N>«*er,  who,  within  fort?  di^  irflar  the  pnfaliahiiv  hanoC  riNU 
Hh 


466  Ctmstittitional  Dontmmis 

luY  htild  ujiuii  tliis  uiir  ^rn-v  aihI  fa\"Ur,  ar.tl  tbAlI.  \j  ^« 
]>uMic  act.  iif  rlaie  tlicir  iloinff  mi.  hihI  that  thrj  rrtam  !.  ih» 
I'Valty  ai.ti  nU liiriu-r  nf  l'>-«h1  iiiljjri-u ;  t-xceptinfr  <l',i  tmck 
p«'i>>-iiS  na  rli.tll  hi  n  aft**!  \v  «-xCr]'t>il  hr  Wr.ihtatt.X,  tl^«r  c^t 
to  U«  c\ci*)>tr<i.  Lft  nil  i  ur  •n't-jfrt.-.  h'«w  !au'»*  •«■*«••  rrt 
upiiii  till!)  WiT'I  «pf  a  Ki !•:.'.  »«'lriiiiilv  pi\cn  (v  t:  it  frr«pst 
till  Lint. I >ii.  tliat  nil  i-riiiif  wli:it.«i  cvt.-i',  o  niniittr-1  a;ra:r:i'  •■  r 
«>ij|  r>  val  fii'lior  liff  !!•  tilt-  |iiitil:i  Atiiin  of  tti:^  i^^ai!  -tt  r.«#  ;x 
jii<!L'nir!it.  ur  In'  l<r<i:i;;lit  in  •}Ui'>t.i*ti.  iiL'ai  iM  a:.T  of  *'«-=  * 
tlic  lf.i*-t  •iphiMi  iL't*'nriit    o'   tliciii,  ri'.her  111  lh«-ir  I:\ri    ..  'f'jm 

I  r  estat*  B   itr    .ih  fir  t<  r-h  ui  lie*  in  i'tir  p^wfr    *•>  ::.u-r.  ai  t; 
th«'  prf-ii>!li'r  dl   tlti'ir  i«*]>utAtii>:.<i.  It\  a:  y  ir{  r-Acb  i.t  t'rs  ±/ 
iii-tit]i'ii.  ii  ffti!))   liir   ii»t  lit  •  ur  h' •>(  Miljj«>i  In  :   «r  ilf«:r;:.j 
(iirliiiniiiL:  tL.it    iiiiirf:<ith   nil    notes  of  liiK'ufxi,  M|Ara!.  :. 
ilitTi-tiiii-"  ••:  jaiiiffr  hv  utitrly  al>-l<p!.i(l  axni>i.|r  all  L-ur  •.':^«»:tJL 
whi'in  w«-  iiiviti-  hikI  li  i.jurr  l»*  a  |)«-rf<\t  ui.ion  aaHii^*  i^jtm 
hv\\eti.  liniir!    our  ]irii(f.  ti--n,  fnr  tht*   fr-»t!tl^mrnt  tf  « ur  ; 
ii;:lit-  h!:'i  lhtM!«  in  a  frrf  I'atliamrnt.  i-y  which,  uj^r.  tL« 

I I  a  Kii.L'.  wi-  \%ill  lir  .liU^iii. 

Anil  i  fr.-iu>r  tlkc  |«*iM>>ii  aij-1  nurhaiiuMeiiCH  uf  th«  Umn 
havr  I'l  u'f.l  «r\r?Hl  i')iii.-.<<hn  in  rriih;i"Li.  ^»y  which  icrc  aiv 
i-nL'a.'M'l  .11  {■ariir*  :i:i !  aniii:>>^iti«'4  a^init  each  uih#r 

wl.rTt    tl.f .    •IimII     h"rt;i!l.T   M.j'i*    111    H    tP^li>  III    of    OlBTr 

u;  ".  i  1*  r -in]«»-  I  •  r  ItC' r  un  ii'r-'ip«n.  wi  li-i  lirclara  a  •.bcrtv 
ti>  t  .'  <)•  r  (••n«-  ifM-i,**i.  an>i  tli.it  n>  man  vhall  )«  «iifriui«t4^  cr 

ii!!i-tl    Mi    >jU'!tti>>n    f  r    ditTi  hmiCi-*    >(    tij  ini' 11    in    iiiA;t#r   «f 
■•'.U'li'i..  \*1.:.  i.  .!■■  I.-.'  i!Ji!';r*'  tf,.    | «-^i-f  i.f  ihr  kinci  a 
•hat  ui    ■}  11:  ^r  fii'l-.  I    C'  :.*fni  t     -u-'l.  an  Aot  of  I'arl 

i«>.  'i]»>ii  II  .-I'li!'  lir  :'-•  r.^?i>  ri.  •I.aII  t>^  •  fTrrr-l  t>>  ui.  for  iba  faU 
^'.'  «:.*i:.h'  ti.nt  ii.  i c'.jtnc'- 
Ai.  i  l>«ai^r  ill  tlii-  •  ••i.!i!.u«*<l  Hii'ra&'fiout  i>f  to  mar.v  t 
mi  »>  n..i:.v  an  i  ^imts*  ii-\- luti -:.*  in.ii.\  ifranta  jintl  |>urc 
I'f  i«rM»»-  1  vr  1-  I  :.  :.  .liie  I"  a:.  1  Iv  niai.v  ••lfit«*rt.  •■''.  ii-  r« 
•  tl.«-;«  ■' i.  •  .«ip  !  ur  I  «i..-!.M-I  t.f  rhf  aanii*.  an<l  mho  may  bv 
lial  !•<  t  11  f :  :•  .kT  !  is(  M  n  ••  \  ml  titi'-t.  we  ar«  li'iiviw 
:  .  *.l  4*  .1..  «  ;  !i  :  *}  •:.  ••  jt.  1  nl!  thi;.^  rt*lati&^  I-  ••tk 
t.-rii:.th   *-ii'e     i:«  i  J  .:i. '.Mf*   •.i..i;;  \-r  •Iftrtiuii:*-*.]  ID  Taxliaatfat, 


i66o]  The  DfclaratioH  of  Breda  467 

Aad  wc  do  further  declare,  that  we  wilt  b«  ready  to  content 
10  anj  Act  or  Act*  of  Psrlianient  to  the  pnrpOMB  aforeaaid, 
and  for  the  full  satisfaction  of  all  siTMre  due  to  the  ofScen  and 
Boldiere  of  the  army  under  the  command  of  General  Monk; 
and  that  thej  sliall  be  received  into  our  eerrice  upon  as  good 
pay  and  conditions  aa  they  now  eujoj. 

Given  under  oar  Sign  Manual  and  Privy  Signet,  at  our 
Court  at  Breda,  this  j^  day  of  April,  i<S6e,  in 
the  twelfth  yenr  of  our  reign. 


ArrENDix 

Tiir  NATioATi'iSf  Arr. 

[Out.  9,  1651.     Sc  Ivira  AcU  nf  rarlAxnrnl.  pt.  ii,  p.  17^      Sm  r«mafl»> 
For  tbf  iiii'ie.iiM*  nt   tKr  ii)ii|>|>iitf(  mi.<I  thr  rui^ourtt|r«**vr&t  wf 


thr  im\i;;iiti>li  i»f  thil  lifiti..|i.  which  *  UlMci  th«  (fry^d  proTl 
Mini  |>ititfi-tii)ii  nf  (!i'il  \*  ■«•  ^TtA\  A  niCADi  \(  tLv  «r!fAr« 
am!  ftafvtv  i»f  thiP  (*i>tiiiihiiiwrAlth  Kr  it  ei.actfd  by  tKii  ft^ 
4fiit  railimn^nt,  nn>l  tin*  n  iih"riiT  ihrrrof.  thai  frua  An*!  a.^W 
tl:r  fint  iI.tT  of  I^etrMiU-r.  "t\9  th^MiMiii)  «ii  hati'ipMi  fifti  Aa4 
oil-.  Aiiii  f:i'iii  thfiicv  [•■! w.ii'i*'.  iHi  t>'«»  "'^  or  iuuiiD-«liti^  w^it- 
>"•■  vtT  !■!  th*-  ffiiiwl' .  )ir<-!u  tioi.  iT  mAiiufactuFff  of  Aaia 
A*ii<)i  r  Ameri  .1.  >r  --f  niir  nnr:  therttit .  or  of  Aiiv  im 
i-i-I';  L'liik'  t.<  li.rr  .  .  r  mi.uli  ai<  JeM:ri)«-i  «r  Uid  <i*-«i*  is 
i>'j  ii  i<  ti  r  f,:.!^  of  tV>  M  I  Urci  ms  nrll  uf  th«  Ea^Uik 
|i1iin(nf:-«' «  .'m  ith*ri,  ihAil  )•«  ii.i|- rrr<l  nr  bma|fht  1:  tu  t^ii 
( '  in'  iiwr.i!:!:  ■  t'  i  ii«:' n  il.  •■!  ii.t<-  IrvUipl  or  aoj  *  :hrr  Ifta^iL 
ir.aikU.  I  ■•.'..%'.•::  ^r  ti-rr  i'l-i  :r«  to  t)>>t  C<-iDr:«'i.«eAitk  b^ 
]■  p^'.Tij.  •>!  Ill  *r.r.r  I  ■  ••«■  ••!  It  ill  an?  ifh^r  thip  nr  aKim 
v^a»i !  or  T> -..  U  \%  i'"i'  V  •.  lilt  •  ii'iv  ifi  tu- /I  as  il*  tmK  ^md 
nit  'i*.  r»  .  i  ^'  \  :  (T  "I  Iv  1<-  tiif  {•€  ■)>*••  -if  thi*  < 'omm^  ow««:tK 
•  I  ■  •  p  n-.r.i*  ■■  t'-.-r-  f  »•  lJ.«  |'!i'pr'i"t«'n  or  ri»*Kt 
ti:-!*'  t' .  -vi  !  \«!'.i.<  \  'f.r  inA*:i-i  ml*  iii.\rii.fr«  .  tr  »:•»  (  r 
•I      '   T  .'k' •  ..•  If    ■!  :.  r  I"    I  !•■  I'f  till-  '  •••n'n"i.»  Ai!h.  a^iar 

f  '  r    ■  r-    «;•>    .   •    (      |.    •        ;.     •■;•,      «||.i    ;,  a^   ,.f    ^II    T  hi    »r<'  ^U  thAt    t^All 

j    IT*  !        -  'I  .   \    t<     f'    P    .«-t      A4  •!■■<  i-f   thv   thip   'Vilk 


111  ■  '•'.I   ;      wr  .i  h   fihp   •Alii  |t*-««ii  or 


'  .         •         HI  ■       *.  I 

•     \    ■.        *        •.•r.»    ..1     .■  .  I:   •!    •••     D 

....       ■  .    ■  ,        t'     '  r 


•.!r  i     ■•■■■.••     '  r  '  lb.pw«U^ 


The  Navigation  Act  469 

commoditui  bIuII  bu  m  brought  in  and  imported;  tin  on«  moiat; 
to  the  use  of  the  Commonwealth,  uid  the  other  moiety  to  the 
uoe  ftnd  behoof  of  tay  penon  or  penons  who  shall  seize  the 
goodi  or  commoditiei,  and  shall  pititecnte  the  same  in  anjr 
court  of  record  within  this  Commonwealth. 

And  it  is  further  eaaoted  faj'  the  euthoritf  aforesaid,  that  no 
goods  or  uranmodities  of  the  growth,  prodaction,  or  msnufacture 
of  Europe,  or  of  any  part  thereof,  shall  after  the  first  day  of 
December,  one  thotuand  six  Ijondred  fifty  and  one,  be  imported 
or  brought  into  this  Commonwealth  of  England,  or  into  Ire- 
land,  or  any  othev  lands,  islands,  plantations  or  territoriea  to 
this  Commonwealth  belonging,  or  in  their  possession,  in  any 
ship  or  ships,  Ti-ssal  or  vsssels  whatsoever,  but  in  snoh  as  do 
truly  and  without  fraud  belong  only  to  tlie  people  of  this 
Commonwealth,  as  thu  true  owners  and  proprietors  thereof, 
and  in  no  other,  sxeept  ouly  such  foreign  ships  and  tmbsIs  as 
do  truly  and  properly  belong  to  tlie  people  of  that  country  or 
place,  of  which  the  sud  goods  are  the  growth,  prodnotion  or 
mauulaoture ;  or  to  such  ports  where  the  said  goods  can  only 
be,  or  most  usually  are  first  shipped  for  transportation;  and 
that  under  the  same  penalty  of  forfeiture  and  lose  espresiied  in 
the  former  branch  of  this  Act,  the  said  forfeitures  to  be  r»- 
coTered  and  employed  as  is  therein  eiprsssed. 

And  it  is  farther  enacted  by  the  authority  aforeaaid,  that  no 
goods  or  commodities  that  are  of  foreign  growth,  production  or 
manufacture,  and  which  are  to  be  brought  into  this  Conuaoit- 
wealth  in  shipping  belonging  to  the  people  thereof,  shall  be  by 
them  shipped  or  brought  from  any  other  place  or  plaeea,  conntiy 
or  countries,  hut  only  from  those  of  their  said  growth,  pro- 
duction, or  mauufactare,  or  from  thoee  porta  wlwre  the  said 
goods  and  commodities  can  only,  or  are,  or  usually  have  been 
first  shipped  for  traubportation ;  and  from  none  other  places  or 
countries,  under  tlie  same  penalty  of  forfeiture  and  has  ex- 
preased  in  the  first  branch  of  this  Act,  the  nid  foifeitarw  to 
be  recovered  and  employed  aa  is  therein  ezprsMod. 

And  it  is  further  enacted  by  the  authority  afbneud,  that  no 
sort  of  cod-fish,  ling,  herring,  pilchard,  or  any  other  kind  of  salted 
fish,  usuallv  fished  for  and  oaught  by  the  people  of  this  nation; 
nor  any  oil  made,  or  that  ^hall  be  made  uf  any  kind  of  fish 


4  TO  •  ipf'rmiix 

«ih.it6<**-r«  r,  nor  hii%'  whaN- imi.  nr  whftUU*iii«,  ilull  ir^  m 
lin.fpfnrth  bf  iin|)i>iUtl  inti>  tltii  (  omiiiMnwcalth  or  int*i  Ir«- 
Uihi.  nr  iiiiy  t'tlirr  l.uitlii,  uUii  i«  |ilftiit«iti"i.ii.  or  trrritanfli 
th«ietii  U-luii^iii^,  iM-  ill  thfir  |M>«t«tsivn.  I'Ut  only  rich  m»  -r^l 
!«  inught  in  %tf-«rN  X\\a\  do  or  ■hall  trulj  aim!  pnj^rlj  l«^ 
to  tli(«  ]m)|<lf  of  tliip  Mfttiou,  M  |>rn|iriftiir^  «i.4l  riirbt  ovi 
thfffHif;  Aiiti  tlif  Hftiil  full  to  (n*  currtl.  and  thr  oil  afui 
niadr  by  thi*  i-eoplr  uf  thii  ('oniniou wealth,  niiilrr  !hr  |-&Ally 
iiiid  Jotii  «'i|>r«**>iieil  in  th«  fimt  hrmnrh  •  f  thia  |»re«-nt  Ait;  tW 
Mid  forfeit  To  \'9  r»ruvereil  Mitd  pini'UiVitl  *«  ii  ther*  ripr*-flia^ 
And  it  K  lurth*-r  •■UBite*!  )>v  th«  nuthontr  af-rMftid.  th*!  i»' 
>urt  lit  t'ttal.  Ill  |f.  Iii-ri  Mil/  or  |>di-hftid.  iir  Miiy  utlin  VwA  of  f«]t»! 
li-h  wliAtNN-vrt ,  %kli.(}i  ■hnll  U-  taught  «»•!  currd  hy  Xi^  l^'f^ 
i<f  thi-  ( 'oMiiiK'Uwcallh.  •i.jil  lir  fri<ni  Jind  Altrt  tt»«  lir^t  ^Z 
I  i*liruAiy.  one  lhi>iiMiid  mi  huiiilriil  litty  thr«r.  ri|kirt«k:  fr>«i 
nny  |  la*  r  or   plMc-t*-   licluiii/iiift;   to   \\i\%  i  ommonwr^th,   lu  Asi 

•  •ti.ri  »)ii|>  n|  »lii|i«.  \i>ii>il  ur  «riMiU.  ih%«f  uuiy  :d  lUcb  hm  ^■ 
tiulv  unil  |tn>|>erly  ii|>|iert«iii  !••  th«  |«%i|>i«  ••!  Ihi»  \.'otu^<m- 
wr:i!(ii.  iit>  ii;jht  oMnr^:  .tiid  whi^rrof  thr  luAstvr  ai.«l  i&Anf<«ff« 
Hrr  for  the  ni^pt  jkirt  if  thrm  Kiiirliih.  under  the  |i«nAlty  mmA 
lii»ii  p\])re«>«il  111  t^M*  «iiiii  tint  hraitch  of  ihii  prMMiC  Act.  tW 
».ii<l  !>'iti  It  til  \np  reiifeitd  .kii<l  e:n|doyeid  M  it  tliert  eiprMsnl 

ri<'Vi'!«*i  itI«n%o.   tluit  ti.i^  Act.  nor  MiytbiBit  tbrrvia  cva- 

tilli'd.  t  it«*li<l  ii  !,  IT  \*€  nirnllt  to  ie*traili  th«*  lin|HJfiAt»nft  «# 
iiliV  **\  th«*  I  •iii:n<-!|Ti«t  tif  the  Strait*'  *^x  I^T«nt  irtta.  Uiiia 
Hi  thr  ^hipi'iiik*  itf  \\»\%  hftti-i.  «■  .ftrirvMiii.  At  \\\t  uiua)  {■•rt4  »C 
)iUi  **••  I- I  ln<hi  k'  ii!  th-m  her*«tofore.  within  th«-  Mid  Ikimita 
<  I  l.«  \.ki.t  «>.iB.  *'  •»ii^h  th'-  Mi<i  •uiniD*"iitir«  l«  n-l  •  f  tk«  v«vy 
b'i<H(ii  if  ii.r  «aid  I  lAi  e« 

li   \iiltii  M.<»M   thiit  Th>  Ac?  i<ii    myth  iitf  thrmn  rnntaiatil 

•  \**  1.  i  I. it,  !.•>:  \r  M.eftnt  tn  rr«tiaiii  tiic  \m\^  rting  uf  any  li^rt 
I  .iii  >•  u.iii'-«ii'ir«  iadeii  :u  tti«  ihi)  |>in|r  of  ihii  ikali'-a.  at  tbe 
ti^ii.ii  |N.:t  I  r  )<Uc'«  i"i  laiiiiftf  of  thfiu  h«te%ifiTe  la  any  paif 
.  :  T'.««>  «.  .1-  ■■  t'r  <■.•  .'}.H.«r  1  ai.  1  tkitaiirt  of  ( 'abo  Koa* 
I  -p  ra:..'.i  .1 'liiiiij?.  !iir  «4i  1  j.-it*  be  it<*t  liie  %ery  |>^ao^  «f 
liif  :  i,'r  W: 

i  ■  •  '^     *  :•    •■■        .-«■»:.      •  t.     •  ..A  ■.'..•.   '.fc-  !•?»  .^!.-U«  1^0 

'    1  ..r  •  ft^«  •■!  I.   ^-t  i:       * 


The  Navigation  Act  471 

ProTided  alio,  thkt  it  shall  and  may  be  lawful  to  and  for  anj 
of  the  people  of  this  Commonwealth,  in  veuela  or  ahips  to  them 
belonging,  and  whereuf  the  master  and  mariners  are  of  this 
nation  m  aforesaid,  to  load  and  bring  in  from  anj  of  the  porU 
of  Spain  and  Portugal,  all  torts  of  goods  or  commoditiee  that 
hare  come  from,  or  any  vaj  belonged  unto  the  plantatious  or 
dominions  of  eitlier  of  them  respeotively. 

Be  it  also  further  enacted  by  the  authority  aforesaid,  that 
from  henceforth  it  shall  not  be  lawful  to  any  person  or  personi 
whatsoever  to  load  or  cAusc  to  be  laden  and  carried  in  any 
bottom  or  bottouiB,  ship  or  ships,  vessel  or  vessels,  whatsoerer, 
whet'euf  any  stranger  or  Btraugers  born  (unless  luoh  be  denizens 
or  naturalized)  be  owueri,  or  nusten,  any  fivb,  rictoal,  wares, 
or  things  el  wluit  liind  or  nature  soever  t)ie  same  shall  bt,  from 
one  port  or  crmk  of  this  Commuu wealth,  to  another  port  or 
oreek  of  the  same,  ander  penalty  to  evei?  one  that  shall  offend 
contrary  to  the  true  meaning  of  this  branch  of  this  present  Act, 
to  forfeit  all  the  gooda  that  shall  be  eo  laden  or  carried,  as  also 
the  ship  upon  which  they  shall  be  so  laden  or  carried,  the  same 
forfeit  to  be  recovered  and  employed  as  directed  in  the  fint 
branch  of  this  present  Act. 

lastly,  that  this  Act  nor  anything  therein  contained,  sxt«nd 
not  to  bnllion,  nor  yet  to  any  gooda  taken,  or  that  ahall  be  taken 
by  way  of  reprisal  by  any  ship  or  ships,  having  Gommission 
from  this  en  mm  on  wealth. 

Provided,  that  this  Act,  or  anything  therein  contained,  shall 
nut  extend,  nor  be  construed  to  extend  to  any  eilk  or  ulk 
wares  which  shall  be  bronght  by  land  from  any  part  of  Italy, 
and  there  bought  with  the  piooeed  of  Engludi  «ommoditie% 
sold  either  fur  money  or  in  barter ;  but  that  it  shall  and  may 
be  lawful  for  any  of  the  people  of  this  Commonwealth  to  ship 
the  same  in  English  vessels  from  Ostend,  Nieuport,  Itottcrdam, 
Uiddelburg,  Amstenlam,  or  any  ports  thei«aboato,  the  ownen 
and  proprietors  fint  making  oath  by  themselTM,  or  other 
credible  witnesses,  before  the  Commissioners  of  the  Cnitonu 
for  the  tisic  being  or  their  deputies,  or  one  oS  the  Barons  of 
the  Exchequer,  that  the  goods  aforesaid  were  so  bought  for 
his  ut  their  own  proper  account  in  Italy. 


INDEX 


AcU  ••f  rArllMiipnl  f  r  irivfinbl 
IVirlimiirnlp,  I44;  f>  r  *«lraffiir%1  • 
»it*intler,  i.-'*.  A»;Aiii>f  tl:aa..it. 
■  11^  tl.K  I..  11^  iWIiaiiiviil  «i'li>iul 
:U    I'Wii    •■•HMPt,     IcS        f  ,f    t|., 

I  Sly;   l>r  ti  •■  **.<!iti   h     f  thr  *«'^r 
«  Litii.lt-r.  :  7'i  .   f-r   ili**  m\-\  li' •. 

•  if  tliP    lli.'h   ('••iiiIiiim:i)Ii   <  ••urV 
iHfi;    il«>Uii!t;    till-    ii!r«;A'itv      i 

•  )\:\-m  liiv,    \^*f  ,    f  r    thr    I  ii.i- 
:%:i  -ii   •  f  fi. :*■••,   ii^j  ;    pT-'li'>  .:- 

n^-    kpu'ti'.li"*-!    Tiip-t,   !</•  ;    in. 
|»>i»i|||f  iliiUkl  lll'.iWi  nil  ihr     '•rtf.>. 
14!  i      fr      iiii|>r' »«..  rRt.      242 

A,:ri«*iiinl      "f     \h»      Trill  Ir.     th». 

Am  iHiftiti    '(•!    I  •ii.iiHii;  ■      ■  '.  I  Ia;i. 
;.    '*,.    !    rr    Ui.' U    ■U'.rtI,   ^l 
I  ri<>«la'.i  b     (f     tl.r     I  -      II)   u* 

\r?.i\ .  \  ''.*■»  f  T  I  *  •■!  ,;  i»ii.  i'n 
\ri*;. ,  <    iiin.ia>:   n*     f.    *.li«    Kiii|;'« 

Irtt«r  —u:   ■■  'it.    .  ■  *> 
\ili  !•■     if     !>■:».    ii,    \' •      K.I..- • 

:»•■.. \T.«:  I  ill  I  r«hi««l  to,  •_; 
^r-.u  ri,    y\r'.    ■■(,    ■{■-«■  .ill.  en '.a    rr 

'.*:  •  ^  !■■  I:  .  r-  -T*  !.•     '   44 
\V!*ii     ••r     {  •»■    i:'   :■!.  :  -'* 


!  *:•  '     '.    •  I'.ii .  Kir.'  -  '  ti.-  »   •  Atltii. 

•    .  ..mm  !..*■  •  r  ■  '.  4  ~  s 

•  f. 

I     ■     '    «  '     r    •    rr*  rn  .'  " 

1  .  ■      .  ■  ■  ■  •  . «     •  t 


ioU«  "f.  104.  An  lAA 

:  .ritiluti  -L  fr  -ii.   241  . 
f  r    iKr    Abi.liu.«i      / 

]'iitt>-I.  (.Ail  'f.    :  «-uu.«ci«  r'.Ai. 
i<   tl.«  rrttm^Bt  uf,  44. 

r*  !*;.'  ^  ti>  iL«  imr—  k»  >■!   ^ 


>« 
> 


I  al%in.  i«i-iitii 

t  h»r:r«  I,  iDit-M»tanf  kbraiA.     _ 

f  •::  .  .i«f«B.k  Ik*  ihik«  c/rm* 

in^'hanj,  4.  afftl«r«  lk« onlWcttaa  if 
a  KrM  (iif^  46,   kM 
*Kr  Prt:ti  .«  nf  Rii^ht.  •=  . 
t<-fllia^-r     Mid    poUB  f^-V.     74.     kii 

•l«tfUfmtitiB  •«   r^hg* «.   75 .   kii 

K:t  tK  n!  l'Ar:.AB.r£l.  ^3.  »« 
II  r!  u  •B  th#  wai  «  ■  f  i6b^  ^i  . 
h:a  tiffcUnti' -B  «i<  ■f^tlB,  v^.  ■ 
irr«»r.t  a:  tL«  il<«-i«.«  f  tka 
riivv  ('.  •  th  t!  >n  tL«  p«kt*«  c4 
\hm  <'«<«i.i:.  .r.i>«  T«'««.  101.  r^ 
f«r*  thr  '.ri^aliti  cif  »ht^fc  •»«  to 
Ukaj  .  i^'«,  10^^.  liiB  I  —  bGwI 
I  it-IB' '•!,  ij.^;  (*•  ■|«-<««  k  tA  1^ 
k#i««rl«r  f  ibr  I  Ml  aoi  ;  kaa 
l-r-a  lBu^t:.-ii      b    ra»i^k.tt,    ■!' . 


t.^    *:.B«rr    !•      ihr     i«L:lft«    ar 
I    n]«r. I  in^    tk«    itrmB4    li«k 

11.    .'.IB     i«<l-.X^Brv,     14.*        kM    I 
•  «rr  tk»      %-•«*»'.«*     J«»i 


•r.    n». 

»!.•  «r 


i-fc 


X  . 


t  .*i 


EctAt  of  Pmpou>l(  to  tha  Par- 
luiDOkUry  prapodtloiu,  3 16 ; 
write!  to  PsAikiDiiit  >ft«r  1«nv- 
iog  Hompton  Coort,  31S ;  Br«v- 
UoD  of  a  Hlgb  Court  of  Joitice 
far  tb*  trial  of,  357;  cbirgo 
•gunit,  371;  decUnM  the  jam- 
diction  of  the  High  Caarl  of 
Jiutic*,  374 ;  i*  unUDCsd  tu 
dwtb,    377 :    wvTuit    for    the 


CUrln  II,   ui 
of  Brad*,  465. 

Chorsh,  Act  rapaalinf  1>wi  lor  Dot 
ooQung  to.  391. 

Chimb  of  BnglauJ,  tha,  the  King'* 
dedantioD  preHiad  to  tha  artlclea 
of>  75  •  ooinplainla  of  abDHt  in, 
1371  Billfor  thar«formo(  l67i 
the  Cominoni  oomptaiu  of  luia- 
TatiuTi*  in,  197 ;  order  of  the 
Lordi  on  the  aarvicm  of,  199 ; 
Charlai  deelaraa  hla  intention  of 
dafandlng,  101;   tha  King'a  pro- 


eoLaratloli 


for  n 


;.  »J> ; 


daolarMion  of  Parliament' on  the 
raforiD  of,  147. 
Clarioa  Diubilitlea  AM,  the,  14T. 
Clerkenwall,  a    milage  oT  Jeauita 

at,  79. 
CommiMlotui  of  Arrav,  the  Kiiig'a 
latter  nnt  with,  ijS. 
e  of  both  ' ' 
»73- 


Ktng  in,   384 ;    genarki  enjjage- 
uaut  of  fldeltty  to,  388. 
Commnnion  Table,  tlie,  poritica  of. 


Oonneil  of  State,  the,  1 

t«ken  bj,  384. 
CoTcunt.   the    Scottiab    Nattmal, 

114;    the   Solemn  League   and, 

167. 
Cromwall,  Oliver,   hia    dadaratia* 

on  the  dimolntlon  of  the  Long 

Parltamnt,  40a.     St»  Pnitaotoi- 

aie. 
Cromwell,  Biohatd,  ■ammoned   to 

the  Honaa  of  Lordi  of  tha  Pro- 

tactontte,  464. 


Dadaralinn    of   Brwda,   the,    IzMi, 

46s. 
lleolaration  of  Sparta,  the,  99. 
Dalinqnanta,    propoaab    siada    fbr 

daaling  with,  178,  tg». 
DtlbMidveMt  of  the  armlaa,   pat- 

poaala  for  Ue,  185. 


Kleotioni,  propaada  of  the  Agna- 
ment  of  the  People  renting  to, 
359 ;  aitangementi  «t  tha  lutrm- 
ment  of  OoTemmaat  for,  407; 
ocdlumoe  far  the  BooMab,  4» ; 
ordinance  for  the  Iriah,  4*3. 

EngaeanuBt,  the,  347. 

Epiaoopaoj.    SaaBbbopa. 

ta-M,  EaH  of,  rata  of  Pu 
to  liTO  and  die  with,  itfl. 


King'a  defence  of  Biickingbain, 
6 ;  Impaaohea  Buckingham,  7  ;  ila 
proteatatloa  at  tha  diaaolution  of 
1611J,  81;  tbe  King'a  dacUntion 
agaiDit  tha  proceeding!  of,  83  ; 

the  pTDtaatation  of,  15$ ;  moln*      Tin  Enighu'  Oaaa,  tha,  57. 
titoa  of.  oa  aealaaiaatjoal  innora-      ~  •-••.-    ■ 

tiona.  1^7;  propoiaa  Inatmetlona 
to  the  I'oDiroittea  in  Scotland, 
199 ;  declarea  the  treatnwDl  of 
tbe  fivD  inamben  to  be  a  breach 
of  priVilBga,  137  ;  propoaala  for 
the  reform  of,  3i;9,  407. 
Coiamuiiwi-iiUh,    the,     enKBgaiiient 

Ukan  by  the  Connral  of  Slate  of,  191. 

lii,  384  ;  abolition  of  the  oOc*  of      FoV  BiUa,  the,  iMU,  xUi,  335. 


of,  136 ;  declanttlon  ot  (ka  Com> 
mona  oo  tha  bread)  «f  priWksa  bl 

roi«ad  Lowi,  tha,  CommWoa  for 


474 


Index 


Krvv  (•ift.  ihf,  4<i 


.**tiiil«.  r.4  9itm  *J,  71) 


iiuitiliaau,  lj«h"|'.  hit  -finiitii*  C'iffr.- 

plainisl  iif.  So 
UraiKl  i<>  lit'  iiilr»i.cr,  iLv,  JOJ  .  tkr 

Kiiii;'*    AiKWf-r    !•>    tk«   r«tiiiob 

»(*«-  'iiii'Ai.^int;.  Jjtj. 
OrvA'.  ('••iiii'-il,  thr,  th«  Kin^'a  writ 

•ummuiiiu^,  lJl^. 


Iff.t.U  •  f  Vr.'X  •aIb,  th«,  J16  : 
ri.arlvw   rl|  rv»»i«4   hiM  |trifrrrncr 

I.T.   .W'» 

]lii;h  ('•■ii.iiiiBii'-ii,  <'-'irt  I'f,  A^  li- 

lii^h  <'i".rt  "f  Juttii-f,  Ui«,  •■rlin- 
aucv  f'T  *rarliii^,  ,^57  ;  iLv  Kin^ 
■Ivclinri  il.f  )ur-ftliciii'n  ■■(,  374  : 

Hi-krr  «  £'C'l't*ii»Hfnl  /'■  .ify,  %iti 
Hull. Mb   i'cl:ti-ii   ait-l   A-Ki.v,   (h#. 
447  .  th"   \     liti  iiaI.  4f^ 


In.|  4-i«-liir,*i  t  o*   tti«»  I.  Tp  tik*uih«r« 
Iiii|  ri««i<  "I    \  -t    thr    J4J. 

In.]     .*    '  !■  •  ti'   X    '.li       '.     -«  ■•*   ■'      •til 

t  ■ 

Itn.-.m^i   >  ■.»>■  !■■•:* ''ual  ri»  lull -iiM 
?   ihi*  (  ■  i.tiuoi.i     :i.    11^7      >  r  !rr 

>  f    lltr    I  ■  I  '.■      :..    li/t^  .    {  r-     •••1 

I'.:' I  f  r  '.kk-.-  ,■  *«    \     j'-; 
Ii.*'.r  .     I"!!!  ..f « t    ^ '  r:.:i.ri.i.  ■■  . .  4    t 
Irv'.ai.  !.   inatru< :.  !.•    t     t;.      1    ■:  . 

:-•■  '.**    !■     •».     ■   -i:.  1      :.    i:  •    :  ■  *-  i 
111,  i       ,    ■'.«'.       •  f  *.   ii<»  >   ir. 

')i«-   ••r«i.  1    Kr:i.    ft^i^iii     ;»'•  ■  t. 

iJ*  .    r«  ,  i\    •>'    ill*     K  :i»     »i-  >.t. 

4  \i  .      Kr:       II     i:.i|  •    vit.*ut    t  t 

••    ■  ■■  *     t     .  |]      j<r   |-  ««.  t<i  II. A* r 

^11    •  '        .*'!  -     I.,    j:*, 

I  r  ■)••«.    Ui    .    Aft*    M  .ar    .:.,    ."^^ 
\   *.   !   I    "i.-     "••'.i^i  .tn:      '.   .  .,  I 
rliUMi'>*  ■  r  •  m'\     r  >  1       4;* 


.•  A-r-'*  i    K  .1^.   !.  I  ;>  i.ta    '  L  ■  1*.^. 
I  I    • 


KBl<t.t!''->l    fiaaa.    Ac.    |/e4:t*l^ 
ihr  ciA.:U'B  iif.  I  /i 


Ij«n<  ia)iirv,  rMramt    «t  m   v<» 

■ 

I^'bil'  11,    th«   Ci'V    >  f.    f««^»«a.a    ■ 

fb»  .ur  .'.  j-i.  juA,  y.4 
LaiB^  i'Bf  i  miuvr.t.  l£r,  ia^alft&a  «  itf. 
II.    liKi      Ae\   A^rvBM     ta».««^ 
•  il)i-M:t     lU    ••vr.     nr««*;  I       :  ^*  , 

tK«  •ImmjIuIiia  '>f,  40c 

i^  rl«.    II  .IIM   ■>!.  Ih«.   tV^^I^    :/  • 

i-'U   •«  I  kurrh  r»f«m   b«    1^ 

f  liic  t  hur-L.  I  /^  .  rv«-,.aeiaik« 
(7  tK*  I  tmuu- as  /.  3%.  ■»■ 
wUtlshnMat  vttkUr  U«  I  r^ar 
LrA*.  .  r<  449.  451  .    «cw>w.^»  W 


.VliliUa.  Ur.  •ciLbiacv  !^«  .a^k^ 
ur  Iw  ih#  Aulb  «itv  1/  ri 
n  f-nl.  14^^ .  tKv  K  B^  •  kh  li 
•  •li  %•  m  ■•r'ticADca  aIami,  14!  .  4» 
I  iJirsi.'  a  f  ih«  ll.i^tiM  B.  a^  . 
|-r  •   >aB!i   mB-lr  Bl  xhm   i  r«Mv  •< 

ml    xi.r    1  r»Bli    uf  I  Atn.^<«     .^ 
1^1  .    !«"  f«BU    bibJb   bI    >'«« 
rm»'.\m  <  b.    <<«3 
Mill'.: ft  •  r.'..BiT«.  tW,  141  :  IB  mm 

>-lBrmil.«i  of  tW  llo«M«  IB 
f.  iS4. 


NAt.^-m'  -n  A.-t.  I '(A  I    46* 
Ne^-»i««-  >  Blh,  lh«,  J^ 

iLr  Kit  f-  •  BLiwn  t.'  iWm^  ya$. 


475 


IntUx 


lb*  Iti^  to  (iTt  U.  Js^  coHcaKSf ,  7f  ;    i^KjlnlkBa  at  • 

No  Addnw,  tou  !iC  ::€  Coc^aHM  ^.  —;  tk  Kiag  ai- 

^H-Ji^  irf  ibe  toot  aad  bmch 

OUiTKO.  fryowii  A;:    f.  )J5-  padam  ■bom,  13B;   iba  Kui^'i 

OSeiab.  ^''-f'*^  ■'  l*   ;«ri'*-  fj  f1im>-i  ■  'b,  131;  pvfoal* 

ni«i-.aj7  »  ;LU^-J,.^  'i,  ifi.  1^3.  u>^  in  ib  Trsi*  of  tilinJtfe 


Orcinaacc,  fv    ik    —•"'-■'*     14: ; 
ing  Um  HCi^Ai  C- 1 


r.idi.  S>  NM^aairi,  qxdi  of,  i. 
Buot  >a>l  Bnad  PftitkB,  lbs,  137. 


Pwli>n.cBl  of  i&if-^  [«  hjiLlji 
in,  6(-S3  i  lilt  diwcJ-.iKB  of,  S3. 

Pu-liusmi  of  1619.  ^M  L(Aj[ 
Pariiaatenl,  ike. 

Feaoc,  propoiti'jt.i  for.     .***  Pr> 


Vttxm,  Iha  iwel 

crwted  nux  il.c  rvmoTal  of  tie 

Great  ^Mal,  noMvl*  to  isTaJiiUu 

th*  titlM  of,  iS],  J97. 
Petition  and  Adiicc.  the  Hambla, 

447 ;  tba  Additioful,  459. 
Peiiti'D  of  Bigfat,  11,  66;    of  lb* 

tmln  pMti.  134  1  the  roM  and 

bnnch,  1 37. 


11  to,  78. 
Prin;  Comual,  tlw,  ha  daeuion  00 

tlM  poBt:oi>  of  tlu  CoBunooioii 

Table,  103. 
Frofioaitioiu,    ilia    ten,     163 ;     tliB 

uneteen,  149;   of  Oiford,   i6ij 

of  Vxtcidg*,  175;   of  XeiraaUc, 

ProtMtonte,  the,  Btabliihment  of^ 
40s  ;  modificatios  of,  447  ;  Uooae 
of  ijirdi  at,  464. 

Protaatation,  the,  Ici;. 


Sl  J  i^n,  (Xinr,  aifsai  in  tkt  aUp- 

nMoer  e>ae,  109. 
SoAland,   t*-    *-• ^ 


Sdf-deBjiBg  Otdinanee.  tba.  187. 

Saip-BMioej,  ixt,  rrwm  \  tha  flnt 
■Tit  c4  105  \  lUBioB  of  tha 
jndgM  OB  Ik  Kn^i  tVU  ta^ 

,_ lal  ' 

iDaeBUtj  i 
Am  of  Parliamant,  189. 
Solemn  La«iia  anl  Comnst,  Ik^ 

i«7. 
iiDLTta,  the  DadantiM  o<^  M 
Star  Chamber,  xi,xniH:  aboUtka 

<*»>,  179- 
SVaffod,  attaiiW  at,  ixii,  156. 


levjing,  66. 
Tm  Prapoaiii^M,  tha,  1(3. 
TDOBaf*  aad  Pouadan,  nf-xzT; 

i_j_,  £^  nido(,  49;  tha 


Raeniaoc^  la**,  the,  Act  of  tha 
F>rli>me[.t  of  tha  LonmoawMlth 
repealing,  391, 

Rccuwott,     ataj 
agaiott,  70. 


476 


Index 


Tr»-BMiii,  |iriiviaii  in  Strftfl<ii>r« 
•LlAiDiUr  rrUtiiiK  ^',  157.  V«'t 
i'f  ihr  i*Ar'ii*ni»nt  nf  thr  ('  in- 
iiiitn«ir«Uh  «!»-tiniii,r,  3N'« 

Tr'-.i'i»«      >»'  ri.j-Miii.ini. 

Trirniii«1  A<n.  i^  a.  11.  144- 

Tii(1«>r  M "I. AT*  by,  iu  c  •titiiiinn, 
A."  ,  I  ,  f -.1. 


l'i!>ri>l^«,  1 1  YiwV  '111  |if«|Ai«d  Ij 


lL«  K :  it|f  lo  b« 


V.-t*    f  N     A  !  I 


Wat  '.•Si! ,  p^'T^' 

lh«  t«w  llo..« 
•yo. 


.3?-^ 


•     •  •  .    • 


.r  u*. 


•••f. 


«  '\'. 


I':  •  ?-  !  11  \\xt  «.':ir*Ti!'r.  Pre**  h%  II-tiAri  llttT  M  A 


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Bibliography 
Cotton's  Typographical  G  awl  teer.  *  nm  1 


Bishop  Stubbs's  and  Professor  Freeman's  Books 
The  Constitutional  History  of  England,  b  m  Oiigb  ma 


Alio  In  three  Tofaunee,  crown  Sto,  price  ISi.  each. 

Seventeen  Lectures  oo  tiw  stndjr  of  HediMT«i  ud  Hotea  Htator 

ana  kindred  nil^ecU,  ISOT-lSet.    BftheiMiw.    TUrd  edition,  mtoed  ud 
enlarged,  IMMX    Crown  8vo,  half-man.    Sa.  6d. 

History  of  the  Norman  Conquest  of  England ;  tt»  Omm 

and  Remits.     Br  E.  A.  Fuham.    Voli.  I.  II  aod  Vjb^iih  edttloD)  mt 
ontofpriDL    Vola.  Ill  and  IV.    £1  la.  each.    VoL  VT  0^^    10i.«d. 

A  Sh(nt  History  of  the  Norman  Cfmquest  of  Enj^and. 

Third  edition.    Bf  the  lame.    Extra  fcap  Bn,    9a.  Cd. 

The  Reign  ot  William  Rufiis  and  the  Acmi^bd  of  Hoar  ftt 


School  Books 
A  School  History  of  E^land.    B7  c.  b.  l.  Fu«xn  and  bdd- 

tabdKipuho.    Crown  8to.  ckSi,  with  II  ccdourcd  and  U black  and  wUIb 


on  snperior  paper,  and  c 

This  book  containa  many  newai _„ 

bearing  on  the  Tuioua  period*  of  hlatorj. 

School  History  of  England.    B7  a  H.  Kiwabim,  r.  &  sua,  oi 

others.     Second  edition  (1911),  to  the  death  of  Edward  VO.    mttawi. 
Crown  Sto,  3s.  Sd.;  also  in  9  nds.  (Vd.  I  to  1603,  VoL  U  to  1910)^  mAS. 

Companion  to  Kngliah  History  (iiUdkAgM>    Wtttttt^W.T, 

BABNun.    With  97  iUustratkns.    Crown  Sra.    Si.  Sd.  nab 

The  Storyof  England.  ForJukvPonu.  B7H.0.D«KPBiha|NH,| 
Perspective  History  Chart,    b^  e.  a.  a^hiMxm.     sa.  •!  va 

Oxford  County  Histories 

Crown  8?o,  with  tnaor  Utastntions.  e*di  1*.  Cd.  Mb    (Aln  to  immIui 
bindinga,  Sa.  Sd.  net.] 

Berkshire,  br  K.  A.  G.  LaKMur.  Cheshire,  bj  c.  E.  ibun.  Dor- 
ham,  br  F.  s.  Biw.    Essex,  br  w.  h.  Wmw.    Hampdiir^ 

by  P.  Clakke.      Oxibrdshire,  by  H.  a.  Losbi. 
OUwrs  In  pceparaUotL 

Leeds  and  its  Neighbouriiood.   Bjr  a.  a  Fuck.  Cr.  sto.  3^  «& 

A  History  of  Southampton.    Byr.S.CHMtMxmA-mtaiT.Cuma. 

Crown  8to.    9s.  not. 
Bucks  Biographies.     Br  LadjrVsanr.    [In  te  pmi.1 


Stones  fix>m  the  History  ^ Berkshire.  Sr&A.o.i 
Stories  from  the Histoiy of  OzfiwdshiEC  Brianb 


Special  Periods  and  Biof^phies 
Ancieut  BriUin  and  the  Invauons  of  Julius  ( 

T.  Rus  Hmjitt 

LifeandTimcsofAlfredtheGrcBt  BjCP 

The  Doniesday  Borougli->.  Or  a»ou«>  B^u^u^  ■*•.  «.«& 

VilUinage  in  KhkUikL     e— t»  >■  B«tM*  MiJtiwi  Hta^iy. 

p.  VuMBAiiarr.    Uto.     IC*.  d  ' 


Rnglkh  Society  in  the  EUcventb  Century,     bav*  m 

_  K«^UbHdkM*»lHMntT.    By  1*.  Viwoaauon.    •«».     IIl  m«. 

1  Social  and  Leipd  History,     w^tt «« 

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Oxford  Studies  in  Social  and  Lej 

Pmvi.  Vnosi 


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The  Gild  Merchant: 

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Tvtfvdb.,  sro.    WUii  IWD  iiMpa.    ttt.  Mt. 

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]''iir  oltirr  (ir»i>rr.ijilii«Ml  \*o  il*",  "••■  pu*-    '»•' .  fi.r  I.r/il  %r.il  4  on*'.*  ;•**  ■^-•J 

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Vol.  I.*^\.>     |H4.   Hk.  I    Ihr  I).M<«iv«ry.    Kk.  IM'tr*.!     AUf  .- (-*    \' '•^vm 
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A  llistnrv of  Canada.  17«'»*'S   IHI'J.    itySirC.  r.  i.*.^.  K  c  M  c; 

s\u.     With  (i^ht  lu.ip^.      I  y<».  'i«l.  it«  t. 

riu*  Caumdiaii  War  ot'  IM'J.    iu  Sir  i\  r.  I.i.o.  Kc   M  «.     ••« 

With  n^rht  mips.     I -N.  fill    III  • 

Historical  (■ctitrrapliy  (if  the  Hritisli  I'ciloiiirs.     iw  Mr  C  P 

I.I  iA-.  K.C.M.lf.     Cniwii  .H\". 

Illtl'udlH'titUl.    NcM  rtiitiiiii  hy  II.  K.  F..ibt^      I9u(       ( 
{^Tiiu  th  i>r  till  1  Mimiii-^.      W.!h  I  .»:h!  iuip«.      U   t^i      \:.  >  i.r^i^r  \ 

\  (il.  I.     'riic   .^Ii(litlTra^can  and  Kustcni  ('(ili»iiie&. 

W:'h   I  »  mips       S«'«'iii>il  rilitiiifi,  ri-%.Mil  .ind  hniu^fi!   up  !i«  lU'r.  b^ 
K.  1"'..  Sn  Jill*.      I'»"«'       IS 

\  (>l.    II.       The   Wrst   Indian  (*(»l(init-N.     ysiih  xw^tm 

rii  i|-.      >!■■  iiiid  I  ditii>ii.  rt  \  .s>  d  .ii.d  hri'i.pTtiT  tjj-  l.>  li  i:r,  ti^   i.     A'-aifft. 

\'ol.    III.        W't-st    Atrica.       .S«v-oiid  ^>llUun.       Knura  *.    t^ 

•  i.d  I'l   !*■''''  h\    It     I-     liim-^.      \V  .'h  ;.«•-  iiiap*.      T«    »^} 

\  mI.  I\  .     StMitli  and  Kast  Atriia.     iiL»!.*rk-Ai  *ad  t.«» 


••  "f 


r 


\^  I* ■.  • .'  .« II  i!i  %:■>.     '»."«   ul. 


Mnl'irl       n  '!■:!. d       1- —      '».  »h1.     Par:  II.     i'-'V    Ctrt^v^^r' 

\  nl.  \  .    Canada.  r«rt  I.    <».    r.irt  II.  l>\  II  K.  K««iin  %     «•  i4 

I'lrt  111    (.i.i.:Mphi.  il    1^   '•J.,   iml  pArt  IV,  Ni'WttHindl.llHl.  by 

.1   I  >  I:     I  iiv    Is.  •  ii 
Xiil.NI.    AuNtralasj.i.    iiv  .1   I)  I:  ..111     isii:     Wuh // 

'.!       \    .Piirlll    '.  -     »:.!■.    'Ml      i'.ir!  II.  l>r.vr«i^..  a:,  ta 

H  N'-'r\  .  :  •■  .    I ».  ■  .    M   :.  .  ?  *    ,!i  I,:  I       H\  W    I'  1  tai . «  1 1 1       (  r>«n*to       "• 
(tii-^Ti'.ly     '{-.<   hi>  -. .'..•■!!  ■  t  (  .i:i  111  I  iiid  Ni  »l<'u:.d.  i;id      l»%  tfir  ^at-.j^  a-^j 

U  :■)     '.  i:         .■    .         ■-  ■  (   f.»|.  -■...        '.s 

(••    vri:;..      •    \v      I  *s.. /j.  ...  •{  .    /  I-..1*  ..       |;\   :!.r  x.ii:ir   tufik^r.      U   'h 

i  ■■  »    ■  -  •■.' 

'riii'StutJN  «it(  iiltuiial  liistorx .  M-.Tirrhvii  y  i..iir  •  »«t».  ub. 

Ilisti»[lr.!|    .MlaN.      I    .ri.|-    .■   t  I.,  r  t  .  !  :u---       .V  ilajm       Ui    twrt. 

(  oiii»\v;il|  L(\\|ns  Kssay  «'ii  till   (KiviTiinK'nt  t>t'  Ikrpcti- 

di  in     '  ^.      I-    !..il      s.r  *      r    I- .  t«.  K  ('  M  (•.     !««••.  iju^Mrr  Uwki,  Ite. 

N.(  II  a  LMih«   :  a  lMlilli>;^'ra|ili\  .    Uy  ll.  i .  I.i  aAcn.    «««.  mtik 

•  Hi   fiirv  ■ '• -ix    ii.ii  Ii.  ii-s       ••*.»■,{.   r.i '. 

1  idi-iatiiilis  and  I    nM»ns  «,?hin  ihr  llnSi^hl^jiilMrv.  Wj  ll.lLKmi 

-\        -     ■  d   I . '. 


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India  (continued) 


Hie  Government  of  Indim,  M^  •  4%^  af  ifa  a 

tbMtoi  wHli  hMariari  kKtHJMtkm  Md  BMtwd»i  * 
C  P.  luoT.  Stmt  adtlMi,  IMT.  vWi  •  mmImm 
aatlwlii4kMiCmmdbAft4rflia»(ateMpM»Mi'.U  ■    .      ,, 

The  Early  Histiosy  of  Indk  Am  m  Kb  to  o*  iMMMta 

wtUi  wm.  jfim.  «wJ  oBwr  llbimilgM.    JtifJ  riillM.     Ita.  hK. 

The  English  Factories  in  India:  BrW^gm*.  Utfm. 

gadK  the  pXroMfc  i' Hi*  H^Mty-a  SMNtwirarSlda  te  la««  Is  f:M 

A  Vnk..  I«ia-fl.  l«M-3.  !««*-«.  )«1&-Xk  IMW-M.     IM.  M.  Ml  av^ 


(The  tla 


•  But  IndiftCMifaaj' 


, VaL  II  ta nt  of  prirt^  of  UUm  !■■*■<  !■ 


Court  Minutes  of  the  East  Indin  Company.     Ȥ  m. 

Stanmcnr.     latndKUM  hf  W.   Fama-     M«d.  *ki.     IH.  «d.    Mt  M 
Twn  VoU..  l«Sl-3»,  IMO-ia. 

TheCawt  HlmriM  ptwtoM  to  ICU  hai 


I 


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Wellington's  Despatches.  Treaties,  ud  «i^  r^an  i^^w  i 

lodik    SdMilon  mUled  In  !!.  J.  0«vf.    »*a.     <1  to. 

Hastings  and  the  RohiUa  War.  arn»J.9(mMn(.  im  •«.« 
A  Brief  History  of  the  Indian  Peoples.  ■r»«.w.iii»M 

lU«tedaitotS(db]rW.H.HirT*M.    BgMytoO  it  wi  i  ■  i,    ^  M. 

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GEOGRAPHY 

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Alltliropolo^iial     Kssays    prrsmtrd    I..    Ki.*»«i.   H   t^iTT    Tt      •    m 
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Liiiit.l'.rii    A.   l.»Nf  I    \    r;jT  Kiii-.   I.!. 'ill  h\    J     I^  'Mmi'.   »  •^    me 
littrutiui  li«>n  ti)  II.  H\i»-'N.     *..».  u.rl.  .  i  j-  i**  ..  N.  •*!    r.t '. 

Aiithro|Hilo»;v    aiul    tlu*    ("lasNics.      .s^t  >. !urr«  i.\    \    K.««i 

A    r»N ...  (i.  ('.    \    M    ...o.  I\  li    J>      v.,  J    I.    M...-.  WW    ^    .111 

Kditril  liy  li.  l:.  M  *».»  ;  :       -...       |i    ..'ri'i.!       •«    :jrV 


Celtic  Kolklort':  W't-lshaiul  Ma!i\.  Uyj.Kint.  .  vi-it.  -tc  ii  ;» 
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>«• 


l)llhi)is'     llilulu     MalllKTs.        Tr.ii;%:«*rd  «i.d  rtlilcti  l>    il    K    II 

•  M  ^  1 !.  Ill  •  ii.!.>>:i       I  fi ■»■.•*.  •       •  -    :  •  ■        i  i:i  I  ..•:.  I  f  »;«-?       »    •*' 

I  ht*     McLlil'Nians.  fttiiduH  in  t!.r:r    \!sthrj«i>I«vy    «'»«t  ^'o**  l-^«v         Bf 


Ihr  Mt  I.:l»i  *»iaii   I  .;i!ii,ni;t::f  N     )•    ;     Hi    ■  l: 


•      :     V 


The  Masai.  tli(*ir  I  .aii^^aiauc  aiul  I'olk  lore.     HyA.  i.Hai^«k 

W.':.  .:•:.;;   ■...!i  s  ;.   "H  r  I  ..  *      •     \  -.  I     ..'r»».il  I. 

rii»-  N.ifhii.  tlirir  LanLiiiai,*-  Mill  I'olk  Inn*.     Ht  \  i    Mcx.j^ 


*  « 


I  la- S.L.  ill'   r  1 ..  n^u;iL;«' .in»l  I't'lK  In*,    i-.  ^t."*^   M   •.•a* 

i  lu*  A  IK  a  lit    l{:i(  <  s  ci:    tl.i-     rii(-l>.ti(i  :    .^-i  «ntKrt»;«^iartn  ai 

I.;.  \-  ;  I ■.!..-.•.  \!»  :  ..     I-  ■--  4  I-    ».•■  . 

I  i.i-  i'.aili'    t   I iii..Ll>it.iiits  i.f   A^'NtiiiN.       \    r*iiK-:^^^-aJ  I 

)',.   1 1.  K  *« .  %i  I   ^I »    I    I  I.      I  .  r':  .     .•.:.:  .-•. 

lti.s|in;aM    railitili^rs.     i  t.p.r.!  i>  M.  U    1   »u.  e.  aih!  pttntcd  a 

^^    •       »  J  r.  ■      .    .'  »    II     |t«t  i:     »;.-..   X  .    •.%     rr' 


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Select  Titles  from  the  Digest  of  Justinian.    Bj  t.  e.  Hoixavd 

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Also,  sold  in  ports,  in  paper  covers :  Part  I.  Introductory  Titles,  fc.  Sd. 
Part  II.  Family  Law.  Is.  Part  III.  Pn^perty  Uw.  8s.  6d.  Put  IV. 
Law  of  Obli^UoDs.      No.  1.    Ss.  6d.     No.  9:    to.  6d. 

Gai  Institutionum  luris  Civilis  Conmientarii  Quattuor : 

with  a  translation  and  commentarv  by  the  late  E.  Po«TE.  Fourth  effilon. 
Revised  and  enlarged  by  £.  A.  Whitti-ck,  with  an  historical  hitrodiiction 
by  A.  H.  J.  Gheenidoe.     Svo.     16s.  net. 

Institutes  of  Roman  I..aw,  by  R.  Sohm.     Trwukted  br  j.  c 

Ledlie  :  with  an  introductory  essay  by  E.  Gkuebb*.     Third  edition.     IMT. 

Infamia ;    its  place  hi  Roman  Public  and  PriTate  L«w.      87  A.  H.  J. 

GREE.VIDOE.     Svo.     10s.  6d. 

Legal  Procedure  in  Cicero's  Time.  By  a.  h.  j.  GnaMmaB.  8to. 

ajs.  net. 
Six  Roman  Laws.    'nansUted,  with  lotroducUon  and  Notes,  by  E.  G. 
Hardv.     8vu.     6s.  net. 

The  Roman  I..aw  of Damageto  Property:  beinc*commMitair 

on  the  title  of  the  Digest  ■  Ad  Li«tm  Aquiliam '  (ix.  8).  with  an  intradoctloo 
to  the  study  of  the  Corpus  luris  Civilis.     By  E.  Gannxa.     Svo.     lOt.  6d. 

Contract  of  Sale  in  the  Civil  Law.  Byj.B.HoTu:.  sro.  ioi.«d. 
Trichotomy  in  Roman  Law.     By  H.  Goud*.   sto.    u.  net. 

The  Principles  of  German  Civil  Law.  ByKurwrJ.ScuitfnR. 

ItMiT.    Sro.    ISs.  Od.  net 


English  Law 
'  Law  aad  Custom  of  the  Constitutian.    By  flk  v.  m.  J 


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VoLI. 
VoLILTh>i 

)•>«.      •«.  M.  ■!•(. 

Principles  of  the  Eiurlish  Law  of  Contract,  wmt  of  Ag^ty  ^ 

Ua  rcWloD  to  CootnrL    8r  Sb  W.  B.  Anoa.    TwittkaAUMk  IIKVtvvtari 
br  U  U  GvTVL    Hn.     lu*.  iwt. 

Introduction  to  the  History  of  the  I^w  of  Real  Prupqti. 

BySliK.  K.  U)u>T.     I^fth  edtitcn.    tto.    Ite.  •  L 

L^islative  Metliods  aiul  Forms.     B7atCP.lLMn.KXXL 

Am.    Sni.     ISi. 

Modem  Land  Law.    Br  b.  Jna  »■«.   tm. 

Essay  on   Possesion   in   tiie  Commoo   Law.     By  ^  r. 

PbuAca  ud  S(t  R.  S.  Wmbni.    •**.    At.  M. 

Outline  of  the  Law  of  Property.    ByT.  »n^«,   •*».   >^m. 
Cases  illustrating  the  Principles  of  the  Law  of  Tottk 

mUt  Ubia  of  al  Cwm  tiled.    By  P.  K.  V.  R«Kum  •*!  J.  C  MnM.    tw 
IM»L    lafcfcLiwt 

Law  in  Daily  Life.    By  b«d.  *«■  Jukm.    "n^^toi  «ab  Mb^ 

Md  AddlttaM  by  H.  Gotdt.    Cnwa  Sfo.    1l  «dL  aA 

The  Management  of  Private  Affairs.  By  Jao«  k»>.  p.  t.  k. 

Bwam.  H  L.  Gwm.  Bvwia  C«nu>,  J,  &  C  BanM,  A.  M.  L*«m. 
CnmSvok    fc.ad.Mt. 

Calendar  of  Charters  and  RoUs.  ritdidi^  i^m  pi^-iad  ^  la* 

BBdhl— Ubtty.    (Mo.     flllm.«d.W1. 

Handbook  to  the  l.iand-Charters,  mS  otkw  t^a^  !)«■■■& 

ByJ.  KuiK    OownKva     l*& 

Foftescue's  DiflTerence  between  an  Absolute  and  aLtaited 
Monarchy.    Tnt  n*uit  vd  idaid,  «iib  bONdKiiM.  mc,  ^  c 

Pu-MMB.    Mw,kaUMrbK4i.  lfa.id.Mt. 

ViUainoffe  in  Enfriand.  By  p.  VtMMuwm.   tm^    !».««. 
Welsh  >IediaevaI  I  .aw  :   iha  u«*  or  Wmma  ibi  Ovd.     i^^ 

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Constitutional  Documents 
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iMm  tbt  •wUol  Un«  to  Bdvwd  t    AnM^ad  wd  adMiMd  by  V.  J 
Blgfath  tdHitM.    INO.    CMm  Ivii.    ti.  •! 

Select  Statutes  and  other  Constitutional 

itailHlln  of  Ibe  nb|M  of  Wfbath  aad  J>bm  L     IdMad  ^y  O.  «. 
PMrnno.    lUfdaMkn.    CMnt*«L     lOiu  td. 

Constitutional  Doctuneiitit  bT  tb*  ri  nm  BnvWtaB.  i*^«  arf 

'byS   U-Giamama.     TbM  nIlUa*.     &»«••*•.     Mft. 


International  Law 
International  Law.   By  w.  e.  Hau.    sixth  ediuim  by  j.  b.  atl*». 

1909.    evo.    £1  U.  net 

Treatise  on  the  Foreign  Powers  and  Jurisdiction  of  the 

British  Crown.    By  w.  E.  Hau.  evo.   lot.  sd. 
The  European  Concert  in  the  Eastern  Question,  ■  coDection 

of  treaties  ynd  other  public  acts.  Edited,  with  introductioDS  and  aotu,  by 
T.  E.  Holland.     ISSJ.    Svo.     lit.  66. 

Studies  in  International  Law.  ByT-KHoLuxD.  isgs.  sm.  ioi.«d. 
The  I..aws  of  War  on  Land.  ByT.  E.  Hollamd.  ims.  sto.si.iml 
Gentilis  Alberici  de   lure  Belli   Libri  Tres  edidit  t.  b. 

HoLLAKD.    1S77.    Small  quarto,  half-morocco.    ^I  Is. 
The  Law  of  Nations.     By  Sir  T.  Twdb.     Put  I.     Id  Ume  ofpoMW. 
New  edition,  revised  and  enlarged.    8ro.    15s. 

PaciHc  Blockade.    By  a.  B.  Hooax.    isoe.   Sro.    «i.  net 

Colonial  and  Indian  Law 
The  Government  of  India,  being  >  Digert  of  the  statuu  L«w  lekuns 

thereto,  with  historical  introductioD  and  illustrative  documents,  BySirCF. 
Ilbf.ht,  K. C.S.I.  Second  edition,  190T,  with  a  supplementary  chapter  (1910) 
on  the  Indian  Coiini'ils  Act  of  1909  (also  separately.  Is.  net).     lis.  6d.  iwL 

British  Rule  and  Jurisdiction  beyond  the  Seas.   By  the  kti 

SirH.  JENKYH9,K.C.B.,withaprefacebySirCF.lLmT.  190«,  8to,15i.ii. 

Comewall-Lewis "s  Essay  on  the  Government  of  Depen- 
dencies.    Edited  by  Sir  C.  P.  Lucas,  K.&M.G.    Sro,  kathw  b*d^  l«a. 

An  Introduction  to  Hindu  and  Mahommedan  Law  to 

tlie  use  of  students.     1906.     By  Sir  W.  Mabxit,  K.CI.E.     6*.  net 

Land-Revenue  and  Tenure  in  British  India.    By  B.  H. 

Badek-Poweli.,  CLE.     With   map.      Second   edition,   rerised  by  T.  W. 

HoLDEBSEss,  C.S.I,  (1907.)    Ctowo  8to.    fis.net 

Land-Systems  of  British  India,  bdng  •  numDai  of  the  Land- 

Tenures,  and  of  the  systems  of  Land-Revenue  administratiMk.    By  the  Huoe. 
Three  volumes.    Svo,  with  map.    £3  3b. 
Anglo-Indian  Codes,  by  WHrrLrrSnMcn.    Sfo. 

VoL  I.  Substantive  Law.    £1  tOi.      VoL  II.  A^jecUve  Law.    £1  IJa. 
1st  supplement,  ia.  Sd.     end  supplement  to  1B91,  4c.  fid.    In  one  roL,  6a,  Sd, 

The  1  ndian  Evidence  Act,  with  notet  by  Sir  w.  UAaor,  K.C.LK. 

avo.     S3.  HtL  net  (published  by  Mr.  Frowde), 
TheUnionofSouth  Africa.  BytbeHon.R.H.BBAirD(lB09).  Sro.  6*.n. 

Corps  de  Droit  Ottoman  :  un  RccueU  dea  Codet,  Loi*,  Elements, 
Ordonnances  et  Actes  les  plus  importauts  du  Droit  Int^rienr,  et  d'Etndea  m 
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