land 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 honours, manors, lands, tenements, posses-
sions, and hereditaments 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, Duchy of Lan-
caster or Cornwall, or any or either of them, any law, statute,
ordinance, usage, or custom to the contrary hereof in any wise
notwithstanding.

II. 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 person, is unnecessary, burdensome,
and dangerous to the liberty, safety, and public interest of the
people, and that for the most part, use hath been made of the
regal power and prerogative to oppress and impoverish and enslave



398 English Constitutional Documents

the subject ; and that usually and naturally any one person in such
power makes it his interest to encroach 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 ; be it therefore enacted and ordained
by this present Parliament, and by authority of the same, that the
office of a King in this nation shall not henceforth reside in or be
exercised by any one single person ; and that no one person what-
soever shall or may have, or hold the office, style, dignity, power,
or authority of King of the said kingdoms and dominions, or any
of them, or of the Prince of Wales, any law, statute, usage, or
custom to the contrary thereof in any wise notwithstanding.

III. And it is hereby enacted, that if any person or persons
shall endeavour to attempt by force of arms or otherwise, or be
aiding, assisting, comforting, or abetting unto any person or per-
sons that shall by any ways or means whatsoever endeavour or
attempt the reviving or setting up again of any pretended right of
the said Charles, eldest son to the said late King, James called
Duke of York, or of any other the issue and posterity of the said
late King, or of any person or persons claiming under him or them,
to the said regal office, style, dignity, or authority, or to be Prince
of Wales ; or the promoting of any one person whatsoever to the
name, style, dignity, power, prerogative, or authority of King of
England and Ireland, and dominions aforesaid, or any of them ;
that then every such offence shall be deemed and adjudged high
treason, and the offenders therein, their counsellors, procurers,
aiders and abettors, being convicted of the said offence, or any
of them, shall be deemed and adjudged traitors against the Par-
liament and people of England, and shall suffer, lose, and forfeit,
and have such like and the same pains, forfeitures, judgments, and
execution as is used in case of high treason.

IV. And whereas by the abolition of the kingly office provided
for in this Act, a most happy way is made for this nation (if God
see it good) to return to its just and ancient right, of being gov-
erned by its own Representatives or national meetings in council,
from time to time chosen and entrusted for that purpose by the
people, it is therefore resolved and declared by the Commons
assembled in Parliament, that they will put a period to the sitting
of this present Parliament, and dissolve the same so soon, as may
possibly stand with the safety of the people that hath betrusted
them, and with what is absolutely necessary for the preserving and
upholding the Government now settled in the way of a Common-
wealth ; and that they will carefully provide for the certain choos-



Act abolishing the House of Lords 399

ing, meeting, and sitting of the next and future Representatives,
with such other circumstances of freedom in choice and equality
in distribution of members to be elected thereunto, as shall most
conduce to the lasting freedom and good of this Commonwealth.
V. And it is hereby further enacted and declared, notwithstand-
ing anything contained in this Act, no person or persons of what
condition and quality soever, within the commonwealth of Eng-
land and Ireland, dominion of Wales, the islands of Guernsey and
Jersey, and town of Berwick-upon-Tweed, shall be discharged
from the obedience and subjection which he and they owe to the
Government of this nation, as it is now declared, but all and every
of them shall in all things render aud perform the same, as of
right is due unto the supreme authority hereby declared to reside
in this and the successive Representatives of the people of this
nation, and in them only.



215. Act abolishing the House of Lords

(164$, March 19. Scobell,ii.& Gardiner, 387, 388.)

*T"*HE Commons of England assembled in Parliament, finding by
A too long experience that the House of Lords is useless and
dangerous to the people of England to be continued, have thought
fit to ordain and enact, and be it ordained and enacted by this
present Parliament, and by the authority of the same, that from
henceforth the House of Lords in Parliament 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, vote, advise, adjudge, or determine of any
matter or thing whatsoever, as a House of Lords in Parliament :
nevertheless it is hereby declared, that neither such Lords as have
demeaned themselves with honour, courage, and fidelity to the
Commonwealth, nor then- posterities who shall continue so, shall
be excluded from the public councils of the nation, but shall be
admitted thereunto, and have their free vote hi Parliament, if they
shall be thereunto elected, as other persons of interest elected and
qualified thereunto ought to have.

II. And be it further ordained and enacted by the authority
aforesaid, that no Peer of this land, not being elected, qualified
and sitting in Parliament as aforesaid, shall claim, have, or make



400 English Constitutional Documents

use of any privilege of Parliament, either in relation to his person,
quality, or estate, any law, usage, or custom to the contrary not-
withstanding.



2 1 6. Act declaring England to be a Com-
monwealth

(1649, May 19. Scobell, ii. 30. Gardiner, 388.)

BE it declared and enacted by this present Parliament, and by
the authority of the same, that the people of England, and
of all the dominions and territories thereunto belonging, are and
shall be, and are hereby constituted, made, established, and con-
firmed, to be a Commonwealth and Free State, and shall from
henceforth be governed as a Commonwealth and Free State by
the supreme authority of this nation, the representatives of the
people in Parliament, and by such as they shall appoint and con-
stitute as officers and ministers under them for the good of the
people, and that without any King or House of Lords.



217. Act declaring what Offences shall be ad-
judged Treason under the Commonwealth

(1650, July 17. Scobell, ii. 65. Gardiner, 388-391.)

WHEREAS the Parliament hath abolished the kingly office
in England and Ireland, and in the dominions and terri-
tories thereunto belonging ; and having resolved and declared,
that the people shall for the future be governed by its own Repre-
sentatives or national meetings in Council, chosen and entrusted
by them for that purpose, hath settled the Government in the way
of a Commonwealth and Free State, without King or House of
Lords : be it enacted by this present Parliament, and by the
authority of the same, that if any person shall maliciously or advis-
edly publish, by writing, printing, or openly declaring, that the said
Government is tyrannical, usurped, or unlawful ; or that the Com-
mons in Parliament assembled are not the supreme authority of
this nation; or shall plot, contrive, or endeavour to stir up, or
raise force against the present Government, or for the subversion



Act concerning Treason under Commonwealth 401

or alteration of the same, and shall declare the same by any open
deed, that then every such offence shall be taken, deemed, and
adjudged by authority of this Parliament to be high treason.

II. And whereas the Keepers of the liberty of England, and
the Council of State, constituted, and to be from time to time
constituted, by authority of Parliament, are to be under the said
representatives in Parliament entrusted for the maintenance of
the said Government with several powers and authorities limited,
given, and appointed unto them by the Parliament : be it like-
wise enacted by the authority aforesaid, that if any person shall
maliciously and advisedly plot or endeavour the subversion of the
said Keepers of the liberty of England, or the Council of State,
and the same shall declare by any open deed, or shall move any
person or persons for the doing thereof, or stir up the people to
rise against them, or either of them, their or either of their author-
ities, that then every such offence and offences shall be taken,
deemed, and declared to be high treason.

III. And whereas the Parliament, for their just and lawful
defence, hath raised and levied the army and forces now under
the command of Thomas, Lord Fairfax, and are at present necessi-
tated, by reason of the manifold distractions within this Common-
wealth, and invasions threatened from abroad, to continue the
same, which under God must be the instrumental means of pre-
serving the well-affected people of this nation in peace and safety ;
be it further enacted by the authority aforesaid, that if any person,
not being an officer, soldier, or member of the army, shall plot,
contrive, or endeavour to stir up any mutiny in the said army, or
withdraw any soldiers or officers from their obedience to their
superior officers, or from the present Government as aforesaid ; or
shall procure, invite, aid, or assist any foreigners or strangers to
invade England or Ireland ; or shall adhere to any forces raised
by the enemies of the Parliament or Commonwealth, or Keepers of
the liberty of England ; or if any person shall counterfeit the
Great Seal of England, for the time being, used and appointed by
authority of Parliament ; that then every such offence and offences
shall be taken, deemed, and declared by authority of this Parlia-
ment to be high treason, and every such persons shall suffer pains
of death ; and also forfeit unto the Keepers of the liberty of Eng-
land, to and for the use of the Commonwealth, all and singular
his and their lands, tenements and hereditaments, goods and chat-
tels, as in case of high treason hath been used by the laws and
statutes of this land to be forfeit and lost.

IV. Provided always, that no persons shall be indicted and



402 English Constitutional Documents

arraigned for any of the offences mentioned in this Act, unless
such offenders shall be indicted and prosecuted for the same within
one year after the offence committed.

V. And be it further enacted by the authority aforesaid, that
if any person shall counterfeit the money of this Commonwealth,
or shall bring any false money into this land, counterfeit or other,
like to the money of this Commonwealth, knowing the money to
be false, to merchandise or make payment, in deceit of the people
of- this nation ; or if any person shall hereafter falsely forge and
counterfeit any such kind of coin of gold or silver, as is not the
proper coin of this Commonwealth, and is or shall be current within
this nation, by consent of the Parliament, or such as shall be by
them authorised thereunto ; or shall bring from the parts beyond
the seas into this Commonwealth, or into any the dominions of
the same, any such false and counterfeit coin of money, being cur-
rent within the same, as is above said, knowing the same money
to be false and counterfeit, to the intent to utter or make payment
with the same within this Commonwealth, by merchandise or
otherwise ; or if any person shall impair, diminish, falsify, clip,
wash, round or file, scale or lighten, for wicked lucre or gain's
sake, any the proper monies or coins of this Commonwealth, or the
dominions thereof, or of the monies or coins of any other realm,
allowed and suffered to be current within this Commonwealth, or
the dominions thereof, that then all and every such offences above-
mentioned, shall be and are hereby deemed and adjudged high
treason, and the offenders therein, their counsellors, procurers,
aiders and abettors, being convicted according to the laws of this
nation of any of the said offences, shall be deemed and adjudged
traitors against this Commonwealth, and shall suffer and have such
pains of death and forfeitures, as in case of high treason is used
and ordained.

VI. Provided always, and be it enacted by the authority afore-
said, that this Act touching the monies and coins aforesaid, or any-
thing therein contained, nor any attainder of any person for the'
same, shall in any wise extend or be judged to make any corrup-
tion of blood to any the heir or heirs of any such offender, or to
make the wife of any such offender to lose or forfeit her dower,
of or in any lands, tenements, or hereditaments, or her title, action,
or interest in the same.



Declaration by Oliver Cromwell 403

2 1 8. Declaration by Oliver Cromwell and the
Council of Officers after putting an End to
the Long Parliament

(1653, April 22. Cobbett's Parliamentary History, iii. 1386. Gardiner,
400-404.)

OUR intention is not to give an account, at this time, of the
grounds which first moved us to take up arms, and engage
our lives and all that was dear unto us in this cause ; nor to mind,
in this declaration, the various dispensations through which Divine
Providence hath led us, or the witness the Lord hath borne, and
the many signal testimonies of acceptance which He hath given,
to the sincere endeavours of His unworthy servants, whilst they
were contesting with the many and great difficulties, as well in the
wars, as other transactions in the three nations ; being necessitated,
for the defence of the same cause they first asserted, to have re-
course unto extraordinary actions, the same being evident by
former declarations published on that behalf.

After it had pleased God not only to reduce Ireland and give in
Scotland, but so marvellously to appear for His people at
Worcester, that these nations were reduced to a great degree of
peace, and England to perfect quiet, and thereby the Parliament
had opportunity to give the people the harvest of all their labour,
blood, and treasure, and to settle a due liberty both in reference
to civil and spiritual things, whereunto they were obliged by their
duty, their engagements, as also the great and wonderful things
which God hath wrought for them ; it was matter of much grief to
the good and well-affected of the land to observe the little progress
which was made therein, who thereupon applied to the army, ex-
pecting redress by their means ; notwithstanding which, the army
being unwilling to meddle with the civil authority in matters so
properly appertaining to it, it was agreed, that his Excellency and
officers of the army which were members of Parliament, should be
desired to move the Parliament to proceed vigorously in reforming
what was amiss in government, and to the settling of the Common-
wealth upon a foundation of justice and righteousness; which hav-
ing done, we hoped that the Parliament would seasonably have
answered our expectation : but finding, to our grief, delays therein,
we renewed our desires in an humble petition to them, which was
presented in August last ; and although they at that time, signifying



404 English Constitutional Documents

their good acceptance thereof, returned us thanks and referred the
particulars thereof to a Committee of the House, yet no considera-
ble effect was produced, nor any such progress made, as might
imply their real intentions to accomplish what was petitioned for :
but, on the contrary, there more and more appeared amongst
them an aversion to the things themselves, with much bitterness
and opposition to the people of God, and His spirit acting in
them ; which grew so prevalent, that those persons of honour and
integrity amongst them, who had eminently appeared for God and
the public good, both before and throughout this war, were ren-
dered of no further use in Parliament, than by meeting with a cor-
rupt party to give them countenance to carry on their ends, and
for effecting the desire they had of perpetuating themselves in the
supreme government, for which purpose the said party long op-
posed, and frequently declared themselves against having a new
Representative : and when they saw themselves necessitated to take
that Bill into consideration, they resolved to make use of it to
recruit the House with persons of the same spirit and temper,
thereby to perpetuate their own sitting ; which intention divers of
the activest amongst them did manifest, labouring to persuade
others to a consent therein : and the better to effect this, divers
petitions, preparing from several counties for the continuance of
this Parliament, were encouraged, if not set on foot, by many of
them.

For obviating of these evils, the officers of the Army obtained
several meetings with some of the Parliament, to consider what
fitting means and remedy might be applied to prevent the same :
but such endeavours proving altogether ineffectual, it became most
evident to the Army, as they doubt not it also is to all considering
persons, that this Parliament, through the corruption of some, the
jealousy of others, the non-attendance and negligence of many,
would never answer those ends which God, His people, and the
whole nation expected from them ; but that this cause, which the
Lord hath so greatly blessed and borne witness to, must needs
languish under their hands, and, by degrees, be wholly lost ; and
the lives, liberties, and comforts of His people delivered into their
enemies' hands.

All which being sadly and seriously considered by the honest
people of this nation, as well as by the Army, and wisdom and
direction being sought from the Lord, it seemed to be a duty
incumbent upon us, who had seen so much of the power and
presence of God going along with us, to consider of some more
effectual means to secure the cause which the good people of this



Declaration by Oliver Cromwell 405

Commonwealth had been so long engaged in, and to establish
righteousness and peace in these nations.

And after much debate it was judged necessary, and agreed
upon, that the supreme authority should be, by the Parliament,
devolved upon known persons, men fearing God, and of approved
integrity ; and the government of the Commonwealth committed
unto them for a time, as the most hopeful way to encourage and
countenance all God's people, reform the law, and administer
justice impartially; hoping thereby the people might forget
Monarchy, and, understanding their true interest in the election of
successive Parliaments, may have the government settled upon a
true basis, without hazard to this glorious cause, or necessitating
to keep up armies for the defence of the same. And being still
resolved to use all means possible to avoid extraordinary courses,
we prevailed with about twenty members of Parliament to give us
a conference, with whom we freely and plainly debated the neces-
sity and justness of our proposals on that behalf; and did evidence
that those, and not the Act under their consideration, would most
probably bring forth something answerable to that work, the
foundation whereof God Himself hath laid, and is now carrying oa
in the world.

The which, notwithstanding, found no acceptance ; but, instead
thereof, it was offered, that the way was to continue still this pres-
ent Parliament, as being that from which we might reasonably
expect all good things : and this being vehemently insisted upon,
did much confirm us in our apprehensions, that not any love to a
Representative, but the making use thereof to recruit, and so per-
petuate themselves, was their aim.

They being plainly dealt with about this, and told that neither
the nation, the honest interest, nor we ourselves would be deluded
by such dealings, they did agree to meet again the next day in the
afternoon for mutual satisfaction ; it being consented unto by the
members present that endeavours should be used that nothing in
the mean time should be done in Parliament that might exclude
or frustrate the proposals before mentioned.

Notwithstanding this, the next morning the Parliament did make
more haste than usual in carrying on their said Act, being helped
on therein by some of the persons engaged to us the night before ;
none of them which were then present endeavouring to oppose
the same ; and being ready to put the main question for consum-
mating the said Act, whereby our aforesaid proposals would have
been rendered void, and the way of bringing them into a fair and
full debate in Parliament obstructed ; for preventing thereof, and



406 English Constitutional Documents

all the sad and evil consequences which must, upon the grounds
aforesaid, have ensued ; and whereby, at one blow, the interest of
all honest men and of this glorious cause had been in danger to be
laid in the dust, and these nations embroiled in new troubles, at a
time when our enemies abroad are watching all advantages against
us, and some of them actually engaged in war with us, we have
been necessitated, though with much reluctancy, 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 pur-
poses of heart, to call to the government persons of approved fidel-
ity 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 blessing of God, be in
due time obtained, to the refreshing of all those good hearts who
have been panting after those things.

Much more might have been said, if it had been our desire to
justify ourselves by aspersing others, and raking into the misgov-
ernment of affairs ; but we shall conclude with this, that as we
have been led by necessity and Providence to act as we have done,
even beyond and above our own thoughts and desires, so we shall
and do, in that part of this great work which is behind, put our-
selves wholly upon the Lord for a blessing ; professing, we look
not to stand one day without His support, much less to bring to
pass any of the things mentioned and desired, without His assist-
ance ; and therefore do solemnly desire and expect that all men,
as they would not provoke the Lord to their own destruction,
should wait for such issue as He should bring forth, and to follow
their business with peaceable spirits, wherein we promise them
protection by His assistance.

And for those who profess their fear and love to the name of
God, that seeing in a great measure for their sakes, and for right-
eousness' sake, we have taken our lives in our hands to do these
things, they would be instant with the Lord day and night on our
behalfs, that we may obtain grace from Him ; and seeing we have
made so often mention of His name, that we may not do the least
dishonour thereunto : which indeed would be our confusion, and
a stain to the whole profession of Godliness.

We beseech them also to live in all humility, meekness, right-
eousness, and love one toward another, and towards all men, that
so they may put to silence the ignorance of the foolish, who falsely
accuse them, and to know that the late great and glorious dispen-



The Instrument of Government 407

sations, wherein the Lord hath so wonderfully appeared in bring-
ing forth these things by the travail and blood of His children,
ought to oblige them so to walk in the wisdom and love of Christ,
as may cause others to honour their holy profession, because they
see Christ to be in them of a truth.

We do further purpose, before it be long, more particularly to
show the grounds of our proceedings, and the reasons of this late
great action and change, which in this we have but hinted at.

And we do lastly declare, that all Judges, Sheriffs, Justices of
the Peace, Mayors, Bailiffs, Committees, and Commissioners, and