Samuel Rawson Gardiner.

The constitutional documents of the Puritan revolution 1625-1660 online

. (page 42 of 51)
Online LibrarySamuel Rawson GardinerThe constitutional documents of the Puritan revolution 1625-1660 → online text (page 42 of 51)
Font size
QR-code for this ebook


under the command of Thomas Lord Fairfax, and are at
present necessitated, by reason of the manifold distractions
within this Commonwealth, and invasions threatened from
abroad, to continue the same, which under Qod must be the
instrumental means of preserving 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 afore-
said; or shall procure, invite, aid, or asiist any foreigners
or strangers to invade England or Ireland; or shall adhere



Digitized by V^OOQ IC



39<^ Constitutional Documents [164^

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 Parlia-
ment, that then eyery such oflfence and offences shall be taken,
deemed, and declared by authority of this Parliament to be
high treason, and eveiy such persons shall suffer pains of
death; and also forfeit unto the Keepers of the liberty of
England, to and for the use of the Commonwealth, all and
singular his and their lands, tenements and hereditaments,
goods and chattels, as in case of high treason hath been used
by the laws and statutes of this land to be forfeit and lost.

Provided always, that no persons shall be indicted and ar-
raigned 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.

And be it further enacted by the authority aforesaid, that
if any person shall counterfeit the money of this Common-
wealth, or shall bring any false money into this land, counter-
feit or other, like to the money of this Commonwealth, knowing
the money to be false, to merchandize 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 Common-
wealth, 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 current within the same, as is abovesaid, knowing the
same money to be false and counterfeit, to the intent to utter
or make payment with the same within this Commonwealth,
by merchandize 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 Conmionwealtli, 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,



Digitized by VjOOQ IC



1650] Act repealing several Clauses in Statutes 39!

jihall be and ato hereby deemed and adjudged high treadon,
and the ofifenders therein^ their councillors, 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 treasoil
is used and ordained.

Provided always, and be it enacted by the authority afore-
said, that this Act touching the monies and coinis aforesaid,
or anything therein contained, nor any attainder of any person
for the same, shall in any wise extend or be judged to make
any corruption 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 heredita*
ments, or her title, action, or interest in the same.

92. EnGAOBICENT to be taken BT all men OS* THE AGE OF

EIGHTEEN.

[January 2, 1650. Civil War Tracts, E. 1060, No. 77. See Common'
wealth and Proteetorate, i. 193.]

I do declare and promise, that I will be true and faithful
to the Commonwealth of England, as it is now established^
without a King or House of Lords.

93. Act bepealing several clauses in Statutes

IMPOSING penalties FOB NOT COMING TO CHURCH.

[September 27, 1650. Scobell, ii. 131. See Commonwealth and Froteo-
torate, ii. 3.]

The Parliament of England taking into consideration several
Acts, made in the times of former Kings and Queens of this
nation, against recusants not coming to church, enjoining the
use of Common Prayer, the keeping and observing of holy
days, and some other particulars touching matters of religion ;
and finding, that by the said Act divers religious and peace-
able people, well-affected to the prosperity of the Common-
wealth, have not only been molested and imprisoned, but also
brought into danger of abjuring their country, or in case of
return, to suffer death as felons, to the great disquiet and



Digitized by V^OOQ IC



393 Constitutional Documents [1650

utter ruin of such good and godly people, and to the detriment
of the Commonwealth, do enact, and he it enacted hy this
present Parliament, and hy authority of the same, that all
and every the hranches, clauies, articles, and provisoes ez-
jMressed and contained in the ensuing Acts of Parliament;
viz. in the Act of the first of Eliz. intituled, 'An Act for
uniformity of prayer, and administration of Sacraments ' ; and
in an Act of the thirty-fifth of Eliz. intituled, ' An Act for
punishing of persons obstinately refusing to come to church>
and persuading others to impugn the Queen's authority in
ecclesiastical causes ' ; and all and every the branches, clauses,
articles, and provisoes contained in an Act of Parliament of
the twenty-third of Eliz. intituled, 'An Act for retaining the
Queen's subjects in their due obedience ' ; hereafter expressed,
viz. *Be it also further enacted by the authority aforesaid,
that every person above the age of sixteen years, which shall
not repair to some Church, Chapel, or usual place of Common
Prayer, but forbear the same, contrary to the tenor of a statute
made in the first year of her Majesty's reign, for uniformity
of Common Prayer, and being thereof lawfully convicted, shall
forfeit to the Queen^s Majesty for every month, after the end
of this session of Parliament, which he or she shall so forbear,
£20 of lawful English money; and that over and besides the
said forfeitures, every person so forbearing by the space of
twelve months as aforesaid, shall for his or her obstinacy,
after certificate thereof in writing made into the Court, com-
monly called the King's Bench, by the Ordinary of the diocese,
a Justice of assize and gaol-delivery, or a Justice of Peace of
the county where such offender shall dwell, be bound with
two sufficient sureties, in the sum of £200 at the least, to
the good behaviour, and so to continue bound until such time
as the persons so bound do conform themselves and come to
the church, according to the true meaning of the said statute
made in the said first year of the Queen's Majesty's reign:
and be it further enacted, that if any person or persons, body
politic or corporate, after the feast of Pentecost next coming,
shall keep or maintain any schoolmaster, which shall not repair
to church as is aforesaid, or be allowed by the Bishop or
Ordinary of the diocese where such schoolmaster shall be so



Digitized by VjOOQ IC



1650] Act repealing several Clauses in Statutes 393

kept, shall forfeit and lose for every month so keeping him,
£10 : provided, that no such Ordinary or their Ministers shall
take anything for the said allowance: and such schoolmaster
or teacher presuming to teach contrary to this Act, and being
thereof lawfully convict, shall be disabled to be a teacher of
youth, and shall suffer imprisonment without bail or main-
prize for one year. And be it likewise enacted, that all and
every offences against this Act, or against the Acts of the first,
fifth, or thirteenth years of her Majesty's reign, touching
acknowledging of her Majesty's supreme Government in causes
ecclesiastical, or other matters touching the service of God
or coming to church, or establishment of true religion in this
realm, shall and may be enquirable as well before justices
of peace^ as other justices named in the same statutes, within
one year and a day after every such offence committed : any-
thing in this Act, or in any other Act to the contrary not-
withstanding ' ; and all and every the branches, clauses, articles,
and provisoes expressed and contained in any other Act or
Ordinance of Parliament, whereby or wherein any penalty or
punishment is imposed, or mentioned to be imposed on any
person whatsoever, for not repairing to their respective parish
churches, or for not keeping of holy days, or for not hearing
Common Prayer, or for speaking or inveighing against the
Book of Common Prayer, shall be, and are by the authority
aforesaid, wholly repealed and made void.

And it is also hereby enacted and declared, that all pro-
ceedings had or made by virtue of any the clauses, branches,
or articles mentioned and contained in any of the aforesaid
Acts, and hereby repealed, against any such person or persons
as aforesaid, shall be fully and wholly superseded, made void
and null.

Provided, that this Act, nor anything therein contained, shall
extend to the taking away of any Act or Ordinance made by
this present Parliament, concerning the due observation of the
Lord's day, days of public thanksgiving and humiliation.

And to the end that no profane or licentious persons may
take occasion by the repealing of the said laws (intended
only for relief of pious and peaceably-minded people from
the rigour of them) to neglect the performance of religious



Digitized by V^OOQ IC



394 Constitutional Documents [165a

duties, be it further enacted by the authority aforesaid^ that
all and every person and persons within this Commonwealth
and the territories thereof shall (haying no reasonable excuse
for their absence) upon every Lord's day, days of public thanks-
giving and humiliation, diligently resort to some public place
where the service and worship of God is exercised, or shall be
present at some other place in the practice of some religious
duty, either of prayer, preaching, reading or expounding the
scriptures, or conferring upon the same.

And be it further declared by the authority aforesaid, that
every person and persons that shall not diligently perform the
duties aforesaid, according to the true meaning hereof (not
having reasonable excuse to the contrary) shall be deemed and
taken to be offenders against this law, and shall be proceeded
against accordingly.

94. Act for thb Sbttlement of Ibblakd.

[August I a, 165a. Scobell, ii. 197. See Commonwealth and Protee-
ioraU, iv. 83-5.]

Whereas the Parliament of England, after the expense of
much blood and treasure for suppression of the horrid rebellion
in Ireland, have by the good hand of God upon their under-
takings, brought that affair to such an issue, as that a total
reducement and settlement of that nation may, with God's
blessing, be speedily effected, to the end therefore that the
people of that nation may know that it is not the intention of
the Parliament to extirpate that whole nation, but that mercy
and pardon, both as to life and estate, may be extended to all
husbandmen, ploughmen, labourers, artificers, and others of
the inferior sort, in maimer as is hereafter declared; they
submitting themselves to the Parliament of the Common-
wealth of England, and living peaceably and obediently under
their government; and that others also of higher rank and
quality may know the Parliament's intention concerning them,
according to the respective demerits and considerations under
which they fall ; be it enacted and declared by this present
Parliament, and by the authority of the same, that all and
every person and persons of the Irish nation, comprehended



Digitized by V^OOQ IC



i65aj Act for the Settlement of Ireland 395

in any of the following qualifications, shall be liable unto
the penalties and forfeitures therein mentioned and contained,
or be made capable of the mercy and pardon therein extended
respectively, according as is hereafter expressed and declared;
that is to say,

I. That all and every person and persons, who at any time
before the tenth day of November, 1642 (being the time of the
sitting of the first General Assembly at Kilkenny in Ireland),
have contrived, advised, counselled, promoted, or acted, the
rebellion, murders, or massacres done or committed in Ireland,
which began in the year 1641 ; or have at any time before
the said tenth day of November, 1642, by bearing arms, or
contributing men, arms, horse, plate, money, victual, or other
furniture or hablements of war (other than such which they
shall make to appear to have been taken from them by mere
force and violence), aided, assisted, promoted, acted, prosecuted,
or abetted the said rebellion, murders, or massacres, be excepted
from pardon of life and estate.

n. That all and every Jesuit, priest, and other person or
persons who have received orders from the Pope or See of Rome,
or any authority derived from the same, that have any ways
contrived, advised, counselled, promoted, continued, counten-
anced, aided, assisted, or abetted ; or at any time hereafter shall
any ways contrive, advise, counsel, promote, continue, counten-
ance, aid, assist^ or abet the rebellion or war in Ireland, or any
the murders or massacres, robberies, or violences committed
against the Protestants, English, or others there, be excepted
from pardon for life and estate. •

III. That James Butler Earl of Ormond, James Touchet Earl
of Castlehaven, Ulick Bourke Earl of Clanricarde, Christopher
Plunket Earl of Fingal, James Dillon Earl of Roscommon,
Richard Nugent Earl of "Westmeath, Morrogh O'Brien Baron
of Inchiquin, Donogh MacCarthy Viscount Muskerry, Theobald
TaafiFe Viscount Taaffe of Corren, Richard Butler Viscount
Mountgarret, &c., &c., be excepted from pardon for life and
estate.

IV. That all and every person and persons (both principals
and accessories) who since the first of October, 1641, have
or shall kill, slay, or otherwise destroy any person or persons



Digitized by V^OOQ IC



30 Constitutional Documents [165a

in Ireland, which at the time of their being so killed, slain, or
destroyed, were not publicly entertained and maintained in arms
as officers or private soldiers, for and on behalf of the English
against the Irish ; and aU and every person and persons (both
principals and accessories) who since the said first day of October,
1 64 1, have killed, slain, or otherwise destroyed any person or
persons entertained and maintained as officers or private soldiers,
for and on the behalf of the English against the Irish (the said
persons so killing, slaying, or otherwise destroying, not being
then publicly entertained and maintained in arms as officer or
private soldier under the command and pay of the Irish nation
against the English), be excepted from pardon for life and estate.

V. That all and every person and persons in Ireland, that
are in arms or otherwise in hostility against the Parliament
of the Commonwealth of England, and shall not within eight
and twenty days after publication hereof by the Commissioners
for the Parliament, or Commander-in-Chie^ lay down arms
and submit to the power and authority of the said Parliament
and Commonwealth, as the same is now established, be excepted
from pardon for life and estate.

VI. That all other person and persons (not being com-
prehended in any of the former qualifications) who have borne
command in the war of Ireland against the Parliament of
England, or their forces, as general, lieutenant-general, major-
general, commissary-general, colonel, governor of any garrison,
castle, or fort, or who have been employed as receiver-general
or treasurer of the whole nation or any province thereof, com-
missary-general of musters or provisions; marshal-general, or
marshal of any province, advocate of the army, or secretary
to the Council of "War, or to any general of the army, or of
any the several provinces, in order to the carrying on the war
against the Parliament or their forces, be banished during the
pleasure of the Parliament of the Commonwealth of England,
and their estates forfeited and disposed of as followeth, viz. that
two-third parts of their respective estates be had, taken, and
disposed of for the use and benefit of the said Commonwealth ;
and that the other third part of their said respective estates or
other lands, to the proportion and value thereof (to be assigned
in such places in Ireland, as the Parliament, in order to the



Digitized by V^OOQ IC



165a] Act for the Settlement of Ireland 397

more effectual settlement of the peace of this nation, shall
think fit to appoint for that purpose) be respectiyely had, taken,
and enjoyed by the wiyes and children of the said persons
respectively.

YII. That the Commissioners of Parliament and Com-
mander-in-Chief have power to declare, that such person or
persons as they shall judge capable of the Parliament's mercy
(not being comprehended in any of the former qualifications)^
who have borne arms against the Parliament of England or
their forces, and haye laid down arms, or within eight and
twenty days after publication hereof by the Commissioners
for the Parliament, and the Commander-in-Chief, shall lay
down arms and submit to the power and authority of the
said Parliament and Commonwealth, as the same is now
established (by promising and engaging to be true to the
same), shall be pardoned for their lives, but shall forfeit their
estates to the said Commonwealth, to be disposed of as foUoweth,
viz. two third parts thereof (in three equal parts to be divided)
for the use, benefit, and advantage of the said Commonwealth,
and the other third part of the said respective estates or other
lands, to the proportion or value thereof (to be assigned in
such places in Ireland, as the Parliament, in order to the
more effectual settlement of the peace of that nation shall
think fit to appoint for that purpose), be enjoyed by the said
persons, their heirs or assigns respectively, provided, that in
case the Commissioners and Commander-in-Chief, or either of
them, shall see cause to give any shorter time than twenty-
eight days, unto any person or persons in arms, or in any
garrison, castle, or fort in hostility against the Parliament, and
shall give notice to such person or persons in arms, or in any
garrison, castle, or fort, that all and every such p^^ison and
persons who shall not within such time as shall be set duwn
in such notice, surrender such garrison, castle, or fort to the
power of the Parliament, and lay down arms, shall have no
advantage of the time formerly limited in this qualification.

YIII. That all and every person and persons of the Popish
Beligion, who have resided in Ireland at any time from the
first day of October ^ 1641, to the first of March, 1650, and
have not manifested their constant good affection to the



Digitized by V^OOQ IC



39® Constitutional Documents [165a

interest of the Commonwealth of England (the said persons
not being comprehended in any of the former qualifications),
shall forfeit one third part of their estates in Ireland to the
said Commonwealth, to be disposed of for the use, benefit,
and advantage of the said Commonwealth; and the other
two third parts of their respective estates or other lands, to
the proportion or value thereof, to be assigned in such place
in Ireland, as the Parliament, for the more effectual settlement
of the peace of that nation, shall think fit to appoint for that
purpose, be enjoyed by such person or persons, their heirs or
assigns respectively: and that all other persons who have
resided in Ireland within the time aforesaid, and have not
been in actual service for the Parliament, or otherwise mani-
fested their good affection to the interests of the Parliament
of England, having opportunity to do the same, shall forfeit one
fifth part of their estates to the use of the said Commonwealth.

IX. That all and every person and persons (having no real
estate in Ireland, nor personal estate to the value of ten
pounds) that shall lay down arms, and submit to the power
and authority of the Parliament by the time limited in the
former qualifications, and shall take and subscribe the engage-
ment, to be true and faithfnl to the Commonwealth of England,
as the same is now established, within such time and in such
manner as the Commissioners for the Parliament and Com-
mander-in-Chief shall appoint and direct, such persons (not
being excepted from pardon, nor adjudged for banishment by
any of the former qualifications) shall be pardoned for life
and estate for any act or thing by them done in prosecution
of the war.

X. That all estates declared by the former qualifications con-
cerning rebels or delinquents in Ireland to be forfeited, shall be
eonstrued, adjudged, and taken, to all intents and purposes,
to extend to the forfeitures of all estates tail, and also of all
rights and titles thereunto, which since the five and twentieth
of March, 1639, have been or shall be in such rebels or delin-
quents, or any other in trust for them or any of them, or their
or any of their uses, with all reversions and remainders there-
upon, in any other person or persons whatsoever* and also
to the forfeiture of all estates limited, appointed, conveyed,



Digitized by V^OOQ IC



165a] Act for the Settlement of Ireland 399

settled, or Tested in any person or persons declared bj the said
qualifications to be rebels or delinquents, with all reversions
or remainders of such estates conveyed, vested, limited, declared,
or appointed to any the heirs, children, or issues of such rebel
or delinquent; which estate or estates, remainders, or reversions
since the five and twentieth of March, 1639, ^^^^ been or shall
be in such rebels or delinquents, or in any their heirs, children,
or issues of such rebels or delinquents, and to all estates granted,
limited, appointed, or conveyed by any such rebels or delinquents,
unto any their heirs, children, or issue, with all the reversions
and remainders thereupon : provided, that this shall not extend
to make void the estates of any English Protestants, who have
constantly adhered to the Parliament, which were by them pur-
chased for valuable consideration before the three and twentieth
of October, 1641 ; or upon like valuable consideration mortgaged
to them before that time, or to any person or persons in trust
for them for satisfSaction of debts owing to them.

Provided, that if any person or persons excepted by name
or otherwise, comprehended in these qualifications, have been
comprised within any articles granted unto them, or agreed
upon between them and any commander of the Parliament's
forces thereto authorised, that such person or persons shall
nevertheless enjoy the benefit of those articles, in case the
Commissioners of Parliament in Ireland shall adjudge them to
be comprised therein ; and that they have observed and kept,
and continue to observe and keep the Articles on their parts,
and that nevertheless it shall be in the power of the Parlia-
ment, or their Commissioners, if they see cause, to transplant
such persons from the respective places of their usual habitation
or residence, into such other places within that nation, as shall
be judged most consistent with public safety, allowing them
such proportion of land or estate in the parts to which they
shall be transplanted, as they had or should have enjoyed of
their own other where, in case they had not been so removed.



Digitized by V^OOQ IC



400 Constitutional Documents [1653

95. Declabation bt the Lobd Qbnbbal and the Council

ON THE DISSOLTjnON OF THE LONG PaBLIAMBNT.

[April aa, i655. Old Parliamentary Hiftory, xx. 157. See Common-
wealth and ProtectorcUe, ii. a;!.]

Oar intention is not to give an account, at this time, of the
grounds which first moved us to take up arms, and engage our
liyes and all that was dear unto us in this cause ; nor to mind,
in this declaration, the various dispensations through which



Online LibrarySamuel Rawson GardinerThe constitutional documents of the Puritan revolution 1625-1660 → online text (page 42 of 51)