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execution of the judgments of the present Representatives or
House of Commons.

4. That in all laws made or to be made every person may
be bound alike, and that no tenure, estate, charter, degree, birth,
or place do confer any exemption from the ordinary course of
legal proceedings whereunto others are subjected.

5. That as the laws ought to be equal, 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 our utmost
possibilities against all opposition whatsoever ; being compelled
thereunto not only by the examples of our ancestors, whose
blood was often spent in vain for the recovery of their freedoms,
suffering themselves through fraudulent accommodations to be
still deluded of the fruit of their victories, but also by our
own woeful experience, who, having long expected and dearly
earned the establishment of these certain rules of government,
are yet made to depend for the settlement of our peace and
freedom upon him that intended our bondage and brought a
cruel war upon us.

75. The Foub Bills, with the Pbopositions

AGCOMPANYINa THSM.

[Pawed the Home of Lords Dooember 14, 1647. Old Pifcrliamentary
History, vi 405. See Qrtat Civil War, iv, 31, 36.]

2%e Four BilU sent to the King in the Isle of Wight to be
jpassedy together tvith the Propositions sent unto him at the
same iime^ which, upon the passing of those BUU, were to he
treated upon.
The Lords and Commons assembled in Parliament have com-
manded us to present to your Majesty these Four Bills, which
have passed the two Houses of Parliament.

I. Soit haiUe avac Seignev/rs^
A eeste BiUe les Seigneu/rs sont assentuz.
An Act concerning the raising, settling and maintaining
forces, by sea and land, within the kingdoms of England



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33^ Constitutional Documents [1647

and Ireland and dominion of Wales, the isles of Gaernsey and
Jersey, and the town of Berwick-upon-Tweed.

Be it enacted by the King's Majesty, and by the Lords and
Commons assembled in Parliament, and by the authority of
the same, that the Lords and Commons in the Parliament of
England now assembled or hereafter to be assembled, shall,
during the space of twenty years, from the ist of November,
1647, arm, train and discipline, or cause to be armed, trained
and disciplined, all the forces of the kingdoms of England and
Ireland and the dominion of Wales, the isles of Guernsey and
Jersey, and the town of Berwick-upon-Tweed, already raised
both for sea and land service ; and shall appoint all commanders
and officers for the said forces; and shall from time to time,
during the said space of twenty years, raise, levy, arm, train
and discipline, or cause to be raised, levied, armed, trained and
disciplined any other forces for land and sea service, in the king-
doms, dominions and places aforesaid, as in their judgments they
shall, from time to time, during the said space of twenty years,
think fit and appoint ; and shall, from time to time, appoint all
commanders and officers for the said forces, or remove them as
they shall see cause ; and shall likewise nominate, appoint, place
or displace, as they shall see cause, all commanders and officers
within the several garrisons, forts and places of strength, as
shall be within the kingdoms of England, Ireland and dominion
of Wales, the isles of Guernsey and Jersey, and the town of
Berwick-upon-Tweed ; and that neither the King, his heirs or
successors, nor any other but such as shall act by the authority
or approbation of the said Lords and Commons, shall, during
the said space of twenty years, exercise any of the powers afore-
said.

And be it further enacted, by the authority aforesaid, that
monies be raised and levied for the maintenance and use of
the said forces for land service, and of the navy and forces
for sea service, in such sort and by such ways and means,
as the said Lords and Commons shall, from time to time,
during the said space of twenty years, think fit and appoint,
and not otherwise ; and that the said forces both for land and
sea service, so raised or levied, or to be raised or levied;
and also the Admiralty or navy shall, from time to tim«.



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1647] The Four Bills 337

during the said space of twenty years, be employed, managed,
ordered, disposed or disbanded by the said Lords or Commons,
in such sort, and by such ways and means, as they shall think
fit and appoint, and not otherwise.

And be it further enacted, by the authority aforesaid, that
the said Lords and Commons, during the said space of twenty
years, shall hare power in such sort, and by such ways and
means as they shall think fit and appoint, to suppress all
forces raised without authority and consent of the said Lords
and Commons, to the disturbance of the public peace of the
kingdoms of England and Lreland and dominion of Wales, and
the isles of Guernsey and Jersey, and the town of Berwick-
upon-Tweed, or any of them ; and also to suppress any foreign
forces who shall invade, or endeavour to invade, the kingdoms
of England and L*eland and dominion of Wales, and the isles
of Guernsey and Jersey, and the town of Berwick-upon-Tweed,
or any of them; and likewise to conjoin such forces of the
kingdom of England with the forces of the kingdom of Scotland,
as the said Lords and Commons shall, from time to time, during
the said space of twenty years, judge fit and necessary to resist
all foreign invasions, and to suppress any forces raised, or to
be raised, against or within either of the said kingdoms, to
th« disturbance of the public peace of the said kingdoms, or any
of them, by any authority under the Great Seal, or other
warrant 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 kingdoms shall go into or continue
in the other kingdom without the advice and desire of the said
Lords and Commons of the Parliament of England, and the
Parliament of Scotland, or such as shall be by them respectively
appointed for that purpose.

And be it enacted by the authority aforesaid, 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 commission, 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 and land, of the kingdoms



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33^ Constitutional Documents [1647

of England and Ireland, the dominion of Wales, the isles of
Guernsey and Jersey, and the town of Berwick-upon-Tweed, or
any of them : nor exercise any of the said powers or authorities
hefore 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 authori-
ties, or any of them, without the consent of the said Lords and
Commons first had and obtained.

And be it further also enacted, that after the expiration
of the said twenty years, in all cases wherein the said 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, training, disciplining, employing, managing,
ordering or disposing of the forces by sea or land, of the
kingdoms of England and Ireland, the dominion of Wales,
the isles of Guernsey and Jersey, and the town of Berwick-
upon-Tweed, or any part of the said forces, or concerning
the said Admiralty or 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
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
as aforesaid, and to which the royal assent shall not be given as
is herein before expressed, shall nevertheless, after Declaration
of the said Lords and Commons made in that behalf, have the
force and strength of an Act or Acts of Parliament ; and shall
be valid, to all intents and purposes, as if the royal assent had
been given thereunto.

Provided always, and be it further enacted, by the authority
aforesaid, that nothing hereinbefore contained shall extend
to the taking away of the ordinary legal power of Sheriffs,
Justices of Peace, Mayors, BailifiFs, Coroners, Constables, Head-
boroughs ox other officers of justice, not being military officers,
concerning the administration of justice; so as neither the said
Sheriffs, Justices of the Peace, Mayors, Bailiffs, Coroners, Con-
stables, Headboroughs, and other officers, or any of tliem, do



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1647] The Four Bills 339

levy, conduct, employ, or command any forces whatsoever,
by colour or pretence of any CommiBsion of Array, or extra-
ordinary command from His Majesty, his heirs or successors,
without thfe consent of the said Lords and Commons; and
that if any persons shall be gathered and assembled together
in warlike manner, or otherwise, to the number of thirty
persons, and shall not forthwith separate and disperse them-
selyes, being required thereto by the said Lords and Commons,
or command from them, or any of them especially authorised for
that purpose, then such person and persons, not so separating
and dispersing themselyes, shall be guilty, and incur the pains
of high treason ; being first declared guilty of such o£fence by
the said Lords and Commons, *any Commission under the Great
Seal, or other warrant to the contrary notwithstanding; and
he or they that shall offend herein, shall be incapable of any
pardon from His Majesty, his heirs and successors, and their
estates shall be disposed as the said Lords and Commons shall
think fit, and not otherwise.

Provided also farther, that the City of London shall have
and enjoy all their rights, liberties, franchises, customs and
usages in the raising and employing the forces of that City
for the defence thereof, in as full and ample manner, to all
intents and purposes, as they have, or might have, used or
enjoyed the same at any time before the sitting of this present
Parliaments

II. Soit batlU avaa Seignev/rs,
4 eeste BUU Ifis Seignews $or^ as^erUi^.

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 void.

Whereas the Lords and Commons assembled in Parliament
have been necessitated to make and prosecute a war in their
just and lawful defence ; and thereupon Oaths, Declarations and *
Proclamations have been made against them, and their Ordin-
ances and proceedings, and against others for adhering unto
them, and for executing offices, places and charges by authority
derived from them; and judgments, indictments, outlawries^
attainders and inquisitions for the causes aforesaid have been

ss a



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340 Constitutional Documents [1647

bad and made against some of the members of the Houses of
Parliament, and other His Ifigesty's good subjects, and grants
have been made of their lands and goods :

Be it therefore declared, and hereby enacted, by the King's
Majesty, and by the Lords and Commons assembled in Parlia-
ment, and by authority of the same, that all Oaths, Declarations,
and Proclamations heretofore had or made against both or either
of the Houses of Parliament, or any of the members of either
of them, for the causes aforesaid, or against their Ordinances
or proceedings, or against any foB adhering unto them, or for
doing or executing any oiEce, place or charge, by any authority
derived from the said Houses, or either of them, and all judg-
ments, indictments, outlawries,' attainders, inquisitions and
grants thereupon made, and all other proceedings for any the
causes aforesaid, had, made, done or executed, or to be had,
made, done or executed, whether the same be done by the King
or any Judges, Justices, Sheriffs, Minister, or any others, are
void and of no effect, and are contrary to and against the laws
of this realm.

And be it further enacted, and hereby declared, by the
authority aforesaid, that all Judges, Justices of the Peace,
Mayors, Sheriffs, Constables, and other Officers and Ministers
shall take notice hereof; and are hereby prohibited and dis-
charged, in all time to come, from awarding any writ, process
or summons, and from pronouncing or executing any judgment,
sentence or decree, or any way proceeding against or molesting
any of the said members of the two Houses of Parliament,
or against any of the subjects of this kingdom, for any of the
causes aforesaid.

m. S&it hatlli aux Seigneurs,

A ceste Btlle lea Seigneurs sent assentuz.

An Act concerning Peers lately made and hereafter to be made.

Be it enacted, by the King's Majesty and by the Lords and

Commons assembled in Parliament, that all honour and title

of peerage conferred on any since the aoth day of May, 1642

(being 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 firom the



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1647I The Four Bills 341

Parliament), be and is hereby made and declared null and
void.

Be it further enacted, and it is hereby enacted, by the authority
aforesaid, that no person that shall hereafter be made a Peer,
or his heirs, shall sit or vote in the Parliament of England
without consent of both Houses of Parliament.

IV. Soil hailU avx SeigneurSt
A ceste Bille lea Seigneurs sorU assetUuz,

An Act concerning the adjournments of both Houses of
Parliament.

Be it declared and enacted, by the King's Majesty and by
the Lords and Commons assembled in Parliament, and by the
authority of the same, that when and as often as the Lords
and Commons assembled in this present Parliament shall judge
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 adjourn the same again to the place
iv^here they now sit, or to any other place within the kingdom
of England, then such their adjournment and adjournments to
such place, and for such time as they shall appoint, shall at
all times, and from time to time, be valid and good, any Act,
Statute or usage to the contrary notwithstanding.

Provided always, and be it enacted by the authority aforesaid,
that no adjournment or adjournments to be had or made, by
reason 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 your Majesty
these ensuing Propositions : —

1. That an Act or Acts of Parliament be passed, that all
grants, commissions, presentations, &o. (This Proposition is
the same with the nineteenth Proposition presented to the King
at Newcastle. See p. [305 ^].)

2. That an Act or Acts of Parliament be passed, that the
King do give his royal assent to such Act or Acts, for raising
monies, &c. (This is the same with the sixth clause of the
twelfth Proposition, at Newcastle, p. [293].)

^ The references in square brackets are inserted in place of those in the
Parliamentary History.



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342 Constitutional Documents [1647

3. That the King do give his consent, that the members of
both Houses of Parliament, or others who have adhered to the
Parliament, and have been put out by the King of any place
or office, pension or benefit, be restored thereunto.

4. That an Act or Acts of Parliament be passed, to declare
and make void the cessation of Ireland, &c. (The same as the
seventeenth Proposition, p. [304].)

5. That an Act or Acts of Parliament be passed for indemnity,
agreeable to the two Ordinances of both Houses already passed
for that purpose.

6. That His Majesty be desired to give his assent to an Act
or Acts of Parliament, for the taking away the Court of Wards
and Liveries, and of all wardships, liveries, primer seisins and
ouster les mains; and of all other charges incident unto, or
arising for, or by reason of any wardships, liveries, primer
seisins or ouster les mains ; and of all tenures by homage, fines,
licences, seizures and pardons for alienation; and of all other
charges incident or belonging thereunto, or for or by reason
thereof, from the 24th of February, 1645 ^ and that all tenures
by knight service, grand sergeanty, petty sergeanty, or socage
in capite, either of His Majesty, or of any other person or
persons, may be, from the time aforesaid, turned into free and
common socage, and that the sum of jB5o,ooo per annum be
granted to the King by way of recompense.

7. That an Act or Acts of Parliament shall be passed,
declaring the King's approbation of the making the Treaties
between the kingdoms of England and Scotland, &c. K

8. That the arrears of pay due to the army and others the
soldiery of this kingdom, who have faithfully served the Parlia-
ment in this war, shall be secured and paid unto them out of
the remaining part of the lands and revenues of Archbishops
and Bishops, belonging to their archbishoprics or bishoprics,
after such engagements satisfied as are already charged there-

1 i.e. i64f See No. 65.

* The same as the fifteenth, p. 397, except that there it is styled an 'Act
for Confirmation of the Treaties,' ic, and these words are omitted in the
new Proposition, with (all other Ordinances and proceedings passed between
the two kingdoms, and whereunto they are obliged by the aforesaid
Treaties). There are also some alterations in the names of the Com-
missioners.



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1647] The Four Bills 343

upon by an Ordinance of both Houses of Parliament, and out
of two-thirds in three to be divided of all the forfeitures of lands ;
and all the fines of the persons mentioned or comprehended
in the three first qualifications of the Proposition concerning
delinquents ; and also out of all forest lands within the kingdom
of England and dominion of Wales, provision beiug made
upon the disafPorestation thereof, for the relief of the inhabitants
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 such Act or Acts as shall
be presented to him by both Houses of Parliament, for the sale or
disposing of the said lands and fines for the purpose aforesaid.

9. That an Act or Acts of Parliament be passed, for the
utter abolishing and taking away of all Archbishops, Bishops,
&c. (The same as the third Proposition, p. [291].)

10. That the several Ordinances, the one entitled 'An
Ordinance of Parliament for abolishing of Archbishops and
Bishops within the kingdom of England and dominion of
Wales; and for settling of their lands and possessions upon
trustees for the use of the Commonwealth'; the other en-
titled 'An Ordinance of the Lords and Commons assembled in
Parliament for appointing the sale of Bishops' lands for the use
of the Commonwealth,' be confirmed by Act of Parliament.

11. That the King do give his consent to such Act or Acts
of Parliament as shall be tendered to him by both Houses of
Parliament, for the sale of the lands of Deans and Sub-Deans,
Deans and Chapters, Archdeacons, Canons and Prebendaries,
and all Chanters, Chancellors, Treasurers, Sub-Treasurers, Suc-
centors and Sacrists, and all Vicars Choral and Choristers, old
Vicars and new Vicars of any Cathedral or Collegiate Church,
and for the disposal thereof, as both Houses shall think fit. .

12. That the persons expressed and contained in the three
first qualifications following be proceeded with and their estates
disposed of as both Houses of Parliament shall think fit to
appoint ; and that their persons shall not be capable 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 number of seven persons.



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344 Constitutional Documents [1647

First qualification.

Rupert and Maurice, Counts Palatine of the Rhine, &c.

The second, third and fourth qualifications, and the three
branches of the fourth, the same as on pp. [299-301]. The
fifth, sixth and seventh qualifications, the same as at pp. [301-2].
The eighth qualification, and the three branches thereof^ are
the same as the ninth at Newcastle, p. [302], the eighth of
those being now dropped. The ninth qualification the same as
the tenth. The tenth qualification the same as the eleventh,
p. [303], except the omission of what regards Scotland, and
the following addition :

Provided that all and every the delinquents, which by or
according to the several and respective Ordinances or Orders
made by both or either the Houses of Parliament, on or before
the 24th day of April, 1647, are to be admitted to make their
fines and compositions under the rate and proportions c^ the
qualifications aforesaid, shall, according to the said Ordinances
and Orders respectively, be thereunto admitted, and further
also, that no person or persons whatsoever (except such Papists
as having been in arms or voluntarily assisted against the
Parliament, having by concealing their quality procured their
admission to composition) which have already compounded, or
shall hereafter compound, and be thereunto admitted by both
Houses of Parliament, at any of the rates and propositions
aforesaid, or under respectively, shall be put to any other fine
than that they have or shall respectively so compound for;
except for such estates, or such part of their estates, and for
such values thereof respectively, as have been or shall be
concealed or omitted in the particulars whereupon they com-
pound ; and that all and every of them shall have thereupon
their pardons in such manner and form as is agreed by both
Houses of Parliament.

13. That an Act or Acts be passed, whereby the debts of
the kingdom, and the persons of delinquents, and the value
of their estates may be known, &c.

(This is the second paragraph of the second branch of the
eleventh qualification at p. [303].)

14. That the King be desired to give his consent to such



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i647] The Four Bills 345

Act or Acts of Parliament as shall be presented unto him for
the settling of the Presbyterian government and directory in
England and Ireland, accordiDg to such Ordinances as have
already, since the sitting of this Parliament, passed both Houses,
and are herewithal sent; which Act or Acts are to stand in
force to the end of the next Session of Parliament after the end
of this present Session.

That no persons whatsoever shall be liable to any question
or penalty for nonconformity to the form of government and
Divine Service appointed in the said Ordinances; and that
all such persons as shall not conform to the said form of govern-
ment and Divine Service, shall have liberty to meet for the
service and worship of God, and for the exercise of religious
duties and ordinances, in any fit and convenient places, so as
nothing be done by them to the disturbance of the peace of
the kingdom : that all tithes or other maintenance appertaining
to any church or chapel, which do now belong to the Ministers
of such churches or chapels, shall be applied to the use and
benefit of such Ministers as do conform to the government
settled in the said Ordinances, and to none other, unless it be
by t^ consent of the present Incumbent.

That nothing in this provision shall extend to any toleration
of the Popish religion, nor to exempt any Popish recusants from
any penalties imposed upon them for the exercise of the same.

That this indulgence shall not extend to tolerate the printing,
publishing or preaching of any thing contrary to the principles
of the Christian religion, as they are contained in the first,
second, third, fourth, fifth, sixth, seventh, ninth, tenth, eleventh,
twelfth, thirteenth, fourteenth and fifteenth Articles of the
Church of England, according to the true sense and meaning
of them, and as they have been cleared and vindicated by



Online LibrarySamuel Rawson GardinerThe constitutional documents of the Puritan revolution 1625-1660 → online text (page 37 of 51)