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depending in Parliament, and not fully enacted or determined,
and all statutes and Acts of Parliament which have their
continuance until the end of this present Sessions of Parlia-
ment, shall remain, continue, and be in full force, as if this
Act had not been.



30. The Act jlgainst Dissolyiko thb Long Pabliamekt
without its own consent.

[May 10, 1641. 17 Gar. I. cap. 7. Statutes of the Bealm, v. 103.
See Eitt of Engl. ix. 359, 367.]

An Act to prevent inconveniences which may happen hy the
untimely adjourning^ proroguing , or dissolving this present
Parliament,

Whereas great sums of money must of necessity be speedily
advanced and provided for the relief of His Majesty's army
and people in the northern parts of this realm, and for pre-
venting the imminent danger it is in, and for supply of other
His Majesty's present and urgent occasions, which cannot be
so timely e£fected as is requisite without credit for raising the
said monies; which credit cannot be obtained until such
obstacles be first removed as are occasioned by fears, jealousies
and apprehensions of divers His Mtgetty's loyal subjects, that



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1641] The Tonnage and Poundage Act 159

this present Parliament may be adjourned, prorogued, or
dissolved, 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 Act, shall
be utterly void and of none effect.



vysi.



The ToiTNAOB Ain> Poukdage Aot.



[June 2a, 1641. 17 Car. I. cap. 8. Statutes of the Realm, v. 104.
See Hiit. of Engl, iz. 400.]

A mhsidy granted to the King, of tonnage, poundage, and other
8UfM of money jpayable upon merchandise 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



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i6o Constitutional Documents [1641

His Majesty's subjects, and likewise of merchants aliens for
goods imported and exported by the names of a subsidy of
tonnage and poundage, and by colour of divers other imposi-
tions laid upon merchandise, which have been taken and receive<jl
against the laws of the realm, in regard the said sums of money
and impositions were not granted by common consent in Par-
liament, and for so doing have deserved condign punishment.
Be it therefore declared and enacted by the King's Most Excellent
Majesty and the Lords and Commons in this present Parliament
assembled : and it is hereby declared and enacted. That it is
and hath been the ancient right of the subjects of this realm,
that no subsidy, custom, impost, or other charge whatsoever
ought or may be laid or imposed upon any merchandise exported
or imported by subjects, denizens, or aliens without common
consent in Parliament : yet nevertheless the Commons before
whom those examinations were taken, taking into their considera-
tion the great peril that might ensue to this realm by the not
guarding of the seas, and the other inconveniences which might
follow in case the said sums of money should upon the sudden be
forborne to be paid by and with the advice and consent of the
Lords in this present Parliament assembled, and by the authority
of the same, do give and grant to our supreme liege Lord
and Sovereign one subsidy called tonnage, that is to say, of
every tun of wine that is or shall come into this realm or any
His Majesty 9 dominions by way of merchandise the sum of
three shillings, and so after that rate, and of every tun of sweet
wines, as well malmsey as other, that is or shall come into this
realm by any merchant alien three shillings, and so after the
rate over and above the three shillings above mentioned, and
of every awme of Ehenish wine that is or shall so come in
twelve pence; and also one other subsidy called poundage,
that is to say, of all manner of goods and merchandise of every
merchant, denizen and alien carried or to be carried out of
this realm, or any His Majesty's dominions, or to be brought
into the same by way of merchandise, of the value of every
twenty shillings of the same goods and merchandise twelve
pence, and so after the rate; and of every twenty shillings
value of tin and pewter vessel carried out of this realm by
every or any merchant alien, twelve pence over and above the



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1641] The Tonnage and Poundage Act 161

twelve pence aforesaid, except and foreprized out of this grant
of Bubfiidy of poundage all manner of woollen cloth made or
wrought, or which shall be made or wrought 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, tbat 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 shillings 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 backs, 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 King James of blessed memory, and which
were continued and paid at the beginning of this present
Parliament; to have, take, enjoy, and perceive the subsidies
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.

III. 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



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i62 Constitutional Documents [1641

under such proyisioDS, clauses, and limitations as are contained
in one Act made in the Parliament held in the first year of the
reign of his said late Majesty King James of blessed memor^^,
entitled An Act for the granting of a Subsidy to the King, of
Tonnage, Poundage, Wools, &c.

IV. And it is hereby declared that the sums of money hereby
granted upon merchandise are not the rates intended to be con-
tinued, but the same to be hereafter in this present Parliament
altered in such manner as shall be thought fit.

V. Provided that no penalty or forfeiture contained in this
present Act or in the said Act made in the first year of King
James do or shall ensue to any person or persons, unless they
refuse to compound for any merchandise or goods imported
or exported after notice given of this act, penalty, and fbr-
feiture by proclamation, where the said goods are or ought to
be entered. ^

VI. And it is further enacted that any customer or comp-
troller, or any other officer or person that after the determina-
tion of this grant shall take or receive or cause to be taken
or received the said subsidy, sums of money or any other
imposition upon merchandise whatsoever exported or imported
(except the same by grant in Parliament be due, or by such
grant shall become due or have been continually paid from the
end of the reign of the late King Edward the Third until
the beginning of the reign of the late Queen Mary), shall
incur and sustain the pains, penalties, and forfeitures ordained
and provided by the Statute of Provision and Premunire made
in the sixteenth year of King Richard the Second, and shall
also from thenceforth be disabled during his life to sue or
implead any person in any action real, mixed or personal, or in
any court whatsoever.

VII. Provided always that this Act shall not extend to any
imposition or charge upon any sort of tobacco of English plan-
tations, but that the said tobaccos shall be charged only with
the payment of two pence in the pound and no more.



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1641] The Ten Propositions 163



32. The Ten Pbopositions.
[June 24, 1 641. Buihworth, It. 298. See HtBt. of Engl. iz. 40T.]

A large conference with the Lords, concerning several particulars
about disbanding the army, the Capuchins, Sfc,

I. The first head, concerning the disbanding of the armies ;
and under this there are several particulars.

I. That five regiments, according to the former order of
1>oth 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 General^ 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.

n. The second head is concerning His Majesty's journey to
Scotland.

That His Majesty will be pleased to allow a convenient time
before his journey into Scotland; tliat 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 his going: this is seconded with divers
reasons.

I. The safety of His Majesty's person.

a. 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.

^ TheEarlofHolUnd.



BC a



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164 Constitutional Documents [1641

4. Great advantage to the King's affairs, and contentment
to his people.

5. That some of the Bills now depending in Parliament,
whereof divers are lient up already to the Lords, and some
proceeding in this House, may receive his royal assent before
he go to Scotland; and that we may have time to pass the
Bill of Tonnage to His Majesty for supporting of the royal
estate, and to settle His Majesty's revenues for the best advan-
tage of his service ; and for these reasons to allow some time
before he go into the North.

in. The third head, concerning His Majesty's Council and
Ministers of State.

1. Both Houses to make suit to His Majesty to remove
from him all such counsellors as I am commanded to describe ;
viz. such as have been active for the time past in furthering
those courses contrary to religion, liberty, good government
of the kingdom, and as have lately interested themselves in
those Councils, to stir up division between him and his people.

2. As we desire removal of those that are evil, so to take
into his Council for managing of the great affairs of this
kingdom such officers and counsellors as his people and Parlia-
ment may have just cause to confide in. This is all concerning
the third head.

lY. The fourth head, touching the Queen's Most Excellent
Majesty, which containeth divers particulars.

1. That His Majesty be pleased, by advice of his Parliament,
to pei*suade the Queen to accept some of the nobility, and
others of trust, into Her Majesty's service, into such places as
are now in her disposal.

2. That no Jesuit, nor any in orders, what countrymen so-
ever, whether French or Italian, be received into Her Majesty's
service ; nor any Priests of His Majesty's dominion, English
Scottish, or Irish; and that they be restrained from coming to
the Court.

3. That the College of Capuchins at Somerset House may
be dissolved and sent out of the kingdom. These two which
I last mentioned concerning the Queen, Priests, Jesuits, and
Capuchins, I am commanded to deliver you some particulars
for.



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1641] The Ten Propositions 165

(i) Public danger and scandal of this kingdom, and peace
of the kingdom.

(a) The disaflfection of some of those wicked conspirators
is expressed in two letters; 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 Migesty'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-affected 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.

YI. The sixth head concerneth 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 witii
instructions from the Pope of Eome, 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, that there is notice given upon very good grounds, that
Count Bossetti^ doth yet continue in the kingdom and yet
resorts unto the Court,

YII. The seventh head is concerning the security and peace
of the kingdom.

1. That there may be good lord-lieutenants, and deputy-
lieutenants; and such as may be faithful and trusty, and careful
of the peace of the kingdom.

2. 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 at the Queen's Court.



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i66 Constitutional Documents [1641

Houses, authorised by law; and to be taken by the lord-
lieutenants and deputy-lieutenants, captains, andj^ther officers,
such an oath as may be fit to secure us in these times of
danger.

3. That the Cinque Ports and all the ports of the kingdom
may be put into good hands; and a list oif those in whose
charge they now are may be presented in Parliament, and special
care taken for the reparation and provision of those ports.

4. That my Lord AdmiraP may inform the Parliament in
what case His Majesty's navy is, which is to be provided for
out of tonnage and poundage for the security and peace of
the kingdom.

YIII. The eighth head, that His Majesty be pleased to give
directions to his learned council to prepare a general pardon
in such a large manner as may be for the relief of His
Majesty*s subjects.

IX. The ninth head doth concern a committee of both
Houses, that their lordships would appoint a number of their
members to join together, with a proportionable number of
this House, who from time to time may confer upon some
particular causes, as shall be most e£fectual for the common
good.

X. The tenth and last head, that His Majesty be moved
that he would be pleased to be very sparing in sending for
Papists to Court; and that if any should come without being
sent for, that the laws be severely put in execution against
them ; and that the English ladies that are recusants, be re-
moved from Court; and that His Majesty be moved to give
his assent, that the persons of the most active Papists, either
Lords or Commons, may be so restrained as may be most
necessary for the safety of the kingdom ; and that no pensions
be allowed to such recusants as are held dangerous to the state.

* The Earl of Northumberlani



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1641] Bill on Church Reform 167



33. Bill on Chubgh Reform bead twice in the
House op Lobds^

[HouM of Lords' MSS. First reading July i , second readi ng July 3, 1 64 1 ^.
See Fuller, Church History, ed. Brewer, vi. 188 ; Siit. of Engl. ix.
409.]

An Act for the better regulating of Archhiahopat Bishops y Deans,
Deans and Chapters, Canons and Prebends, and the better
ordering of their revenues^ and for the better governing of
the Courts Ecclesiastical and the Ministers thereof, and the
proceeding therein.

Whereas the preaching of God'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 instruction of the people
committed to their charge, His Majesty, oat 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 bj sickness and being within his 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* Bill. Hodie 1^ vice lecta est Billa, i® Julii,
1641. 3^ vice lecta est 3*^ Julii, 1641. Committed to the whole House.*
. ^ Fuller says that the bishops and divines, directed by the lords < to
eonsalt together for correction of what was amiss ' in the Church * and to
setUe peace,* of which John Williams, Bishop of Lincoln, was chairman, con-
sidered four subjects : — Innovations in doctrine ; innovations in discipline ;
the Common Prayer ; and regulation of government. Their proposal 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 proposed by
Williams.



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i6tt Constitutional Documents [1641

where he make such default, and of the poor of the four
parishes thereunto next adjoining, the same to be levied of
the goods of every such offender by distiess and sale thereof^
and rendering the overplus to the owner thereof, by warrant
of any one Justice of the Peace next or near adjoining to the
place where such offence shall be committed^ to be directed
to the constable, churchwardens and overseers of the poor
of the said several parishes and every of them. And to the
intent that the said Archbishops, Bishops and all other per-
sons now or at any time hereafter being in Holy Orders,
may not be hindered to discharge their duties in the office of
the Ministry by intermeddling with secular affairs: be it
therefore enacted by the authority aforesaid, that no Arch-
bishop, Bishop, Parson, Vicar or other person whatsoever, that
hath received or at any time hereafter shall receive any degree
in Holy Orders with cuie of souls, shall at any time from and
after the said first day of January have any suffrage or vote,
or use or execute any power or authority in the Court usually
called the Star^Ohamber, nor shall have any suffrage or voice,
or use or execute any judicial power or authority in any
other temporal Court whatsoever; nor shall be any Justice
of Peace, nor use nor execute the office of a Justice of the
Peace by virtue or colour of any statute, commission, charter
or otherwise within the kingdom of England or dominion of
Wales; nor shall have or enjoy any judicial room or place
in any of the said Couits, nor shall execute any commission
that shall issue from any standing temporal Court whatsoever ;
nor shall be of the Privy Council of His Majesty, his heirs
or successors, but shall be wholly disabled and incapable to
have, receive, use or execute any of the said offices, places,
powers and authorities aforesaid. And be it further enacted
by the authority aforesaid, that all acts from and after the
said first day of January which shall be done or executed
by any Archbishop, Bishop, Paison, Vicar or other person
whatsoever in Holy Orders, and all and every suffrage, vote
and voice to be given or delivered by them or any of them,
contrary to the purport and true meaning of this present
Act> shall be utterly void in law to all intentis, constructions
and purposes; and be it further enacted by the authority



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i64i] 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 Yoice, or shall do or execute anything prohibited or
forbidden by this Act, contrary to the true intent and mean-
ing thereof, shall for the first offence forfeit and lose 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 Aichbishop, 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



Online LibrarySamuel Rawson GardinerThe constitutional documents of the Puritan revolution 1625-1660 → online text (page 21 of 51)