sioners appointed by our brethren of Scotland, in such things as
shall by them be propounded from and in the name of the king-
dom of Scotland, for the ends aforesaid ; as likewise to propound
to the Committees and Commissioners of Scotland whatever they
shall receive in charge from both Houses, and, from time to time,
to advise and consult concerning the same, and report the results
to both Houses.
And further power and authority is hereby given to them, or
any six of them, whereof one Lord and two Commoners, as a joint
Committee with the Committees and Commissioners of Scotland,
to advise, consult, order and direct, concerning the carrying on
and managing of the war for the best advantage of the three king-
doms, and the keeping a good intelligence between the three
kingdoms, their forces, committees and counsels; and likewise
with power to hold good correspondence and intelligence with
foreign States ; and further to advise and consult of all things in
pursuance of the ends in the covenant and treaty.
388 English Constitutional Documents
Provided always, that nothing in this Ordinance shall authorise
the Committee hereby appointed to advise, treat or consult con-
cerning 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.
209. The Self-denying Ordinance
1645, April 4. Rushworth, vi. 16. Gardiner, 287, 288.)
BE it ordained by the Lords and Commons assembled in Parlia-
ment, that all and every of the members of either House of
Parliament shall be, and by authority of this Ordinance are, dis-
charged 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 2oth day of November, 1 640.
And be it further ordained, that all other governors and com-
manders of an island, town, castle or fort, and all other colonels
and officers inferior to colonels in the several armies, not being
members of either of the Houses of Parliament, shall, according to
their respective commissions, continue in their several places and
commands, wherein they were employed and intrusted the 2oth
day of March, 1644, as if this Ordinance had not been made.
And that the vice-admiral, rear-admiral, and all other captains and
other inferior officers in the fleet, shall, according to their several
and respective commissions, continue in their several places and
commands, wherein they were employed and entrusted the said
20th day of March, as if this Ordinance had not been made.
Provided always, and it is further ordained and declared, that
during this war, the benefit of all offices, being neither military nor
judicial, hereafter to be granted, or any way to be appointed to
any person or persons by both or either House of Parliament, or
by authority derived from thence, shall go and inure to such pub-
lic uses as both Houses of Parliament shall appoint. And the
grantees and persons executing all such offices shall be accounta-
ble to the Parliament for all the profits and perquisites thereof,
Act erecting a High Court of Justice 389
and shall have no profit out of any such office, other than a com-
petent salary for the execution of the same, in such manner as
both Houses of Parliament shall order and ordain.
Provided that this Ordinance shall not extend to take away the
power and authority of any Lieutenancy or Deputy- Lieutenancy in
the several counties, cities or places, or of any Gustos Rofulorum,
or of any commission for Justice of Peace, or sewers, or any com-
mission of Oyer and Terminer, or gaol-deliver)'.
Provided always, and it is hereby declared, that those members
of either House who had offices by grant from His Majesty before
this Parliament, and were by His Majesty displaced sitting this
Parliament, and have since by authority of both Houses been
restored, shall not by this Ordinance be discharged from their
said offices or profits thereof, but shall enjoy the same ; anything
in this Ordinance to the contrary thereof notwithstanding.
210. Act erecting a High Court of Justice for
the Trial of Charles I
(Passed the Commons, January 6, 164!. Rushworth, viii. 1379.)
WHEREAS it is notorious that Charles Stuart, the now King
of England, not content with those many encroachments
which his predecessors had made upon the people in their rights
and freedoms, hath had a wicked design totally to subvert the
ancient and fundamental laws and liberties of this nation, and in
their place to introduce an arbitrary and tyrannical government,
and that besides all other evil ways and means to bring this design
to pass, he hath prosecuted it with fire and sword, levied and main-
tained a civil war in the land, against the Parliament and king-
dom ; whereby the country hath been miserably wasted, the public
treasure exhausted, trade decayed, thousands of people murdered,
and infinite other mischiefs committed ; for all which high and
treasonable offences the said Charles Stuart might long since justly
have been brought to exemplary and condign punishment :
whereas also the Parliament, well hoping that the restraint and
imprisonment of his person, after it had pleased God 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 such their remissness served only to encour-
age him and his accomplices in the continuance of their evil prac-
390 English Constitutional Documents
tices, and in raising new commotions, rebellions and invasions :
for prevention therefore of the like or greater inconveniences, and
to the end no Chief Officer or Magistrate whatsoever may here-
after presume, traitorously and maliciously, to imagine or contrive
the enslaving or destroying of the English nation, and to expect
impunity for so doing ; be it enacted and ordained by the Com-
mons in Parliament and it is hereby enacted and ordained by the
authority thereof, that Thomas, Lord Fairfax, Oliver Cromwell,
Henry Ireton [ * * * 135 names in all], shall be and are hereby
appointed and required to be Commissioners and Judges for the
hearing, trying and adjudging of the said Charles Stuart ; and the
said Commissioners, or any twenty or more of them, shall be, and
are hereby authorised and constituted an High Court of Justice,
to meet and sit at such convenient time and place as by the said
Commissioners, or the major part of twenty or more of them,
under their hands and seals, shall be appointed and notified by
public proclamation in the Great Hall or Palace Yard of West-
minster ; and to adjourn from time to time, and from place to
place, as the said High Court, or the major part thereof meeting,
shall hold fit; and to take order for the charging of him, the said
Charles Stuart, with the crimes and treasons above mentioned,
and for receiving his personal answer thereunto, and for examina-
tion of witnesses upon oath (which the Court hath hereby authority
to administer) or otherwise, and taking any other evidence con-
cerning the same ; and thereupon, or in default of such answer, to
proceed to final sentence according to justice and the merit of the
cause ; and such final sentence to execute, or cause be to exe-
cuted, speedily and impartially.
And the said Court is hereby authorised and required to appoint
and direct all such officers, attendants and other circumstances
as they, or the major part of them, shall in any sort judge neces-
sary or useful for the orderly and good managing of the premises.
And Thomas, Lord Fairfax, the General, and all officers and soldiers
under his command, and all officers of justice, and other well-
affected persons, are hereby authorised and required to be aiding
and assisting unto the said Court in the due execution of the trust
hereby committed. Provided that this Act, and the authority
hereby granted, do continue in force for the space of one month
from the date of the making hereof, and no longer.
Sentence of the High Court of Justice 391
211. Sentence of the High Court of Justice
upon Charles I
(164!, January 27. Rushworth, viii. 1420. Gardiner, 377-380.)
WHEREAS the Commons of England assembled in Parliament,
have by their late Act entitled ' An Act of the Commons of
England, assembled in Parliament, for erecting an High Court of
Justice for the trying and judging of Charles Stuart, King of Eng-
land,' authorised and constituted us an High Court of Justice for
the trying and judging of the said Charles Stuart for the crimes and
treasons in the said Act mentioned ; by virtue whereof the said
Charles Stuart hath been three several times convented before this
High Court, where the first day, being Saturday, the 2oth of Janu-
ary, instant, in pursuance of the said Act, a charge of high treason
and other high crimes was, in the behalf of the people of England,
exhibited against him, and read openly unto him, wherein he was
charged, that he, the said Charles Stuart, 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 otherwise ; and by
his trust, oath, and office, being obliged to use the power com-
mitted to him for the good and benefit of the people, and for
the preservation of their rights and liberties; yet, nevertheless,
out of a wicked design to erect and uphold in himself an unlimited
and tyrannical power to rule according to his will, and to over-
throw the rights and liberties of the people, and to take away
and make void the foundations thereof, and of all redress and
remedy of misgovernment, which by the fundamental constitu-
tions of this kingdom were reserved on the people's behalf in
the right and power of frequent and successive Parliaments, or
national meetings in Council; he, the said Charles Stuart, for
accomplishment of such his designs, and for the protecting of him-
self and his adherents in his and their wicked practices, to the
same end hath traitorously and maliciously levied war against the
present Parliament and people therein represented, as with the cir-
cumstances of time and place is in the said charge more particu-
larly set forth; and that he hath thereby caused and procured
many thousands of the free people of this nation to be slain ; and
by divisions, parties, and insurrections within this land, by inva-
sions from foreign parts, endeavoured and procured by him, and
by many other evil ways and means, he, the said Charles Stuart,
392, English Constitutional Documents
hath not only maintained and carried on the said war both by sea
and land, but 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 several counties and places in this kingdom in
the charge specified ; and that he hath for that purpose given his
commission to his son, the Prince, and others, whereby, besides
multitudes of other persons, many such as were by the Parliament
entrusted and employed for the safety of this nation, being by him
or his agents corrupted, to the betraying of their trust, and revolt-
ing from the Parliament, have had entertainment and commission
for the continuing and renewing of the war and hostility against
the said Parliament and people : and that by the said cruel and
unnatural war so levied, continued and renewed, much innocent
blood of the free people of this nation hath been spilt, many
families undone, the public treasure wasted, trade obstructed and
miserably decayed, vast expense and damage to the nation incurred,
and many parts of the land spoiled, some of them even to desola-
tion ; and that he still continues his commission to his said son,
and other rebels and revolters, both English and foreigners, and
to the Earl of Ormond, and to the Irish rebels and revolters asso-
ciated with him, from whom further invasions of this land are
threatened by his procurement and on his behalf; and that all the
said wicked designs, wars, and evil practices of him, the said
Charles Stuart, were still carried on for the advancement and
upholding of the personal interest of will, power, and pretended
prerogative to himself and his family, against the public interest,
common right, liberty, justice, and peace of the people of this
nation : and that he thereby hath been and is the occasioner,
author, and continuer of the said unnatural, cruel, and bloody
wars, and therein guilty of all the treasons, murders, rapines, burn-
ings, spoils, desolations, damage, and mischief to this nation, acted
and committed in the said wars, or occasioned thereby ; where-
upon the proceedings and judgment of this Court were prayed
against him, as a tyrant, traitor, and murderer, and public enemy
to the Commonwealth, as by the said charge more fully appeareth.
To which charge, being read unto him as aforesaid, he, the said
Charles Stuart, was required to give his answer ; but he refused so
to do ; and upon Monday, the 22nd day of January instant, being
again brought before this Court, and there required to answer
directly to the said charge, he still refused so to do ; whereupon
his default and contumacy was entered ; and the next day, being
the third time brought before the Court, judgment was then prayed
against him on the behalf of the people of England for his contu-
Sentence of the High Court of Justice 393
macy, 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 he again refused so to do ; upon which
his several defaults, this Court might justly have proceeded to
judgment against him, both for his contumacy and the matters of
the charge, taking the same for confessed as aforesaid.
Yet nevertheless this Court, for its own clearer information and
further satisfaction, have thought fit to examine witnesses upon
oath, and take notice of other evidences, touching the matters con-
tained in the said charge, which accordingly they have done.
Now, therefore, upon serious and mature deliberation of the
premises, and consideration had of the notoriety of the matters of
fact charged upon him as aforesaid, this Court is in judgment and
conscience satisfied that he, the said Charles Stuart, is guilty of
levying war against the said Parliament and people, and maintain-
ing and continuing the same ; for which in the said charge he
stands accused, and by the general course of his government, coun-
sels, and practices, before and since this Parliament began (which
have been and are notorious and public, and the effects whereof
remain abundantly upon record) this Court is fully satisfied in their
judgments and consciences, that he has been and is guilty of the
wicked designs and endeavours in the said charge set forth ; and
that the said war hath been levied, maintained, and continued by
him as aforesaid, in prosecution, and for accomplishment of the
said designs ; and that he hath been and is the occasioner, author,
and continuer of the said unnatural, cruel, and bloody wars, and
therein guilty of high treason, and of the murders, rapines, burnings,
spoils, desolations, damage, and mischief to this nation acted and
committed in the said war, and occasioned thereby. For all which
treasons and crimes this Court doth adjudge that he, the said
Charles Stuart, as a tyrant, traitor, murderer, and public enemy to
the good people of this nation, shall be put to death by the sever-
ing of his head from his body.
394 English Constitutional Documents
212. The Death Warrant of Charles I
(164!, January 29. Rushworth, viii. 1426. Gardiner, 380.)
At the High Court of Justice for the trying and judging of Charkl
Stuart, King of England, Jan. 29, Anno Domini 1648.
WHEREAS Charles Stuart, King of England, is, and standeth
convicted, attainted, and condemned of high treason, and
other high crimes ; and sentence upon Saturday last was pronounced
against him by this Court, to be put to death by the severing of his
head from his body ; of which sentence, execution yetremaineth to
be done : these are therefore to will and require you to see the said
sentence executed in the open street before Whitehall, upon the
morrow, being the thirtieth day of this instant month of January,
between the hours of ten in the morning and five in the afternoon
of the same day, with full effect. And for so doing this shall be
your sufficient warrant. And these are to require all officers, sol-
diers, and others, the good people of this nation of England, to be
assisting unto you in this service.
To Col. Francis Hacker, Col. Huncks, and Lieut-Col. Phayre,
and to every of them.
Given under our hands and seals.
JOHN BRADSHAW.
THOMAS GREY.
OLIVER CROMWELL.
[ * * * 59 names in all.]
213. Act appointing a Council of State
(164$, February 13, 14. Cobbett's Parliamentary History, iii. 1288. Gardiner
381-383.)
BE it ordained and enacted by this present Parliament that Basil,
Earl of Denbigh, Edmund, Earl of Mulgrave [ * * * 41
names in all], or any nine of them, shall be a Council of State,
and have hereby power, and are authorised to put in execution
the following instructions.
i. You are hereby authorised and required to oppose and sup-
press whomsoever shall endeavour or go about to set up or main-
Act appointing a Council of State 395
tain the pretended title of Charles Stuart, eldest son to the late
King, or any other of the said late King's issue, or claiming under
him or them, or the pretended title or claim of any other single
person whomsoever to the Crown of England or Ireland, dominion
of Wales, or to any of the dominions or territories to them or either
of them belonging.
2. You are hereby authorised and empowered to order and
direct all the militias and forces both by sea and land of England
and Ireland and the dominions to them or either of them belong-
ing, for preserving the peace or safety thereof, and for preventing,
resisting, and suppressing all tumults and insurrections that shall
happen to rise in them or either of them, or any invasions of them
from abroad : and also upon any emergencies to raise and arm
such forces as you shall judge necessary for the ends above ex-
pressed ; and to give commissions under the seal of the Council
to such officers as you shall judge necessary for the leading, con-
ducting and commanding of the said forces ; and for the prose-
cution and pursuance of these instructions, or of any other
instructions you shall receive from the Parliament
3. You are hereby authorised and required to use all good ways
and means for the reducing of Ireland, the isles of Jersey, Guern-
sey, Scilly, and the Isle of Man, and all other parts and places be-
longing to the Commonwealth of England, not yet reduced.
4. You shall take care that the stores and magazines of all
military provisions both for the land service and for the sea be
from time to time well and sufficiently furnished, and that the
same be issued as you shall by warrant direct : and you are also
from time to time to take care of the repair of the shipping belong-
ing to the Commonwealth, and to build such others as you shall
judge necessary for the defence and safety thereof.
5. You are to use all good ways and means for the securing,
advancement, and encouragement of the trade of England and
Ireland and the dominions to them belonging, and to promote the
good of all foreign plantations and factories belonging to this Com-
monwealth or any of the natives thereof.
6. You shall advise, order, and direct concerning the entertain-
ing, keeping, renewing, or settling of amity and a good correspond-
ency with foreign kingdoms and states, and for preserving the
rights of the people of this nation in foreign parts, and composing
of their differences there : and you are hereby authorised to send
ambassadors, agents, or messengers to any foreign kingdom or
state, and to receive ambassadors, agents, or messengers from
them for the ends aforesaid.
396 English Constitutional Documents
7. You are to advise and consult of anything concerning the
good of this Commonwealth, and report your opinions concerning
the same as you find occasion to the Parliament.
8. You are hereby authorised to send for any person or persons
whatsoever to advise with them in pursuance of these or any other
instructions that shall be given unto you.
9. You have hereby power and are authorised to send for any
records, writings, accounts, books, or papers, that you shall think
fit for your information in any cause, matter or thing in agitation
before you, in pursuance of these or any other instructions that
shall be given you by the Parliament.
10. You have hereby power and are authorised in case of danger
to the Commonwealth to administer an oath to any person or per-
sons for the discovery of the truth.
1 1 . You are hereby authorised and empowered to send for and
imprison or otherwise to secure by taking bond in recognizance
any such person or persons as shall be offenders against these or
any other instructions which you shall receive from the Parliament ;
and all such as shall contemn or be refractory to any of your com-
mands, directions, or orders in pursuance of the said instructions.
12. You have hereby power and are authorised to charge the
public revenue by warrant under the seal of the Council with such
sum or sums of money, from time to time as you shall find necessary,
for defraying all charges of foreign negotiations, intelligence, and
other incidencies ; and for the salary of such subordinate officers
and attendants as you shall judge fit to employ, andfor the effect-
ual carrying on of the service by these instructions committed to
you, or by any other instructions hereafter to be given you from
the Parliament.
13. You are also to observe and put in execution such further
orders as you shall receive from time to time from the Parliament.
14. The power .hereby committed to the Council of State shall
continue for the space of one year from the day of passing hereof,
unless it be otherwise ordered by the Parliament.
15. You have also hereby power to appoint committees or any
person or persons for examinations, receiving of informations, and
preparing of business for your debates or resolutions.
1 6. You are to meet at Derby House at four of the clock this
afternoon, and from time to time and from place to place as you
shall see cause, and in such manner as you shall think fit for the
execution of your instructions.
Act abolishing the Office of King 397
214. Act abolishing the Office of King
(164!, March 17. Scobell, ii. 7. Gardiner, 384-387.)
T 1 7HEREAS Charles Stuart, late King of England, Ireland, and
W the territories and dominions thereunto belonging, hath by
authority derived from Parliament been and is hereby declared to
be justly condemned, adjudged to die, and put to death, for many
treasons, murders, and other heinous offences committed by him,
by which judgment he stood, and is hereby declared to be, attainted
of high treason, whereby his issue and posterity, and all others
pretending title under him, are become incapable of the said
Crown, or of being King or Queen of the said kingdom or
dominions, or either or any of them ; be it therefore enacted and
ordained, and it is enacted, ordained, and declared by this present
Parliament, and by authority thereof, that all the people of England
and Ireland, and the dominions and territories thereunto belong-
ing, of what degree or condition soever, are discharged of all fealty,
homage, and allegiance which is or shall be pretended to be due
unto any of the issue and posterity of the said late King, or any
claiming under him ; and that Charles Stuart, eldest son, and
James, called Duke of York, second son, and all other the issue
and posterity of him the said late King, and all and every person
and persons pretending title from, by, or under him, are and be
disabled to hold or enjoy the said 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 Eng-