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the humble Petition and Advice of the Parliament, whereto
your Highness hath consented), to sit and serve as members in
the other House of Parliament ; by which summons the said
persons shall be respectively commanded to be, and personally
to appear at a certain place and time, to be appointed by your
Highness, to give their advice and assistance, and to do such
things concerning the great and weighty affairs of this Com-
monwealth, as to the other House of Parliament doth appertain
by the said humble Petition and Advice.

That the persons so summoned and assembled together, shall
be, and are hereby declared to be, the other House of Parliament ;
and shall, and may without further approbation of this House,
from such time of their meeting, proceed to do and perform all
such matters and things as the other House of Parliament
ought to do and perform, and shall and may have and exercise



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464 Constitutional Documents [1657

all such priyileges, powers and authorities as the other House of
Parliament ought, by the aforesaid humble Petition and Adrice
to have and exercise ; the said humble Petiti<m and Advice^ or
anything therein contained to the contrary thereof notwith-
standing.

Which Petition being presented the 26M1 day of June, 1657,
his Highness' answer thereunto was read by the Clerk of the
Parliament in these woi-ds.

The Lord Protector doth consent.



104. Thb Writ summoning Richabd Cbomwisll to thb
House of Lobds of the Pbotectobate.

[December lo, 1657. Old ParliMnentary Hiiioi7, zxi. 166.]

Oliver, Lord Protector of the Commonwealth of England,
Scotland and Ireland, and the dominions and territories there-
unto belonging : to our trusty and beloyed son, Lord Kichard
Cromwell, greeting.

Whereas, by the advice and assent of our Council, for
certain great and weighty affairs concerning us and the state
and defence of the said Commonwealth, we ordained our present
Parliament to be held at our city of Westminster, the 17 th day
of September, in the year of our Lord 1656, and there to
consult and advise with the knights, citizens and burgesses of
our said Commonwealth ; which Parliament was then and there
h^ld, and continued until the 36th day of June last past, and
then adjourned until the 20th day of January now next
coming ; therefore we command and firmly enjoin you, that,
considering the difficulty of the said affairs and imminent
dangers, all excuses being set aside, you be personally present at
Westminster aforesaid, the said 20th day of January next coming
there to treat, confer, and give your advice with us, and with
the great men and nobles in and concerning the affairs aforesaid ;
and this, as you love our honour and safety, and the defence
of the Commonwealth aforesaid, you shall in no wise omit.

Witness ourself at Westminster, the loth day of
December, 1657.



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i66o] The Declaration of Breda 465



y 105. Thx Deolabation oi* Bbbda.

[April 4, 1660. Old Parliamentary Hiitory, xzii. 338. See Masmu's
Life of Milton, t. 697.]

Charles B.

Charles, by the grace of God, King of England, Scotland,
France and Ireland, Defender of the Faith. &c. To all our
losing subjects, of what degree or quality soever, greeting.

If the general distraction and confusion which is spread over
the whole kingdom doth not awaken all men to a desire and
longing that those wounds which have so many years together
been kept bleeding, may be bound up, all we can say will be to
no purpose ; however, after this long silence, we haye thought
it our duty to declare how much we desire to contribute
thereunto; and that as we can neyer give over the hope, in
good time, to obtain the possession of that right which Qod and
nature hath made our due, so we do make it our daily suit to
the Divine Providence, that He will, in compassion to us and
our subjects, after so long misery and sufferings, remit and put
us into a quiet and peaceable possession of that our right, with
as little blood and damage to our people as is possible ; nor do
we desire more to enjoy wh'at is ours, than that all our
subjects may enjoy what by law is theirs, by a full and entire
administration of justice throughout the land, and by extending
our mercy where it is wanted and deserved.

And to the end that the fear of punishment may not engage
any, conscious to themselves of what is past, to a perseverance
in guilt for the future, by opposing the quiet and happiness
of their country, in the restoration of King, Peers and people
to their just, ancient and fundamental rights, we do, by these
presents, declare, that we do grant a free and general pardon,
which we are ready, upon demand, to pass under our Great
Seal of England, to all our subjects, of what degree or quality
soever, who, within forty days after the publishing hereof, shall

Hh

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466 Constttutional Documents [1660

lay hold upon this our grace and favour, and shall, by any
public act, declare their doing so, and that they return to the
loyalty and obedience of good subjects; excepting only such
persons as shall hereafter be excepted by Parliament, those only
to be excepted* Let all our subjects, how faulty soever, rely
upon the word of a King, solemnly given by this present
declaration, that no crime whatsoever, committed against us or
our royal father before the publication of this, shall ever rise in
judgment, or be brought in question, against any of them, to
the least endamagement of them, either in their lives, liberties
or estates, or (as far forth as lies in our power) so much as to
the prejudice of their reputations, by any reproach or term of
distinction from the rest of our best subjects ; we desiring and
ordaining that henceforth all notes of discord, separation and
difference of parties be utterly abolished among all our subjects,
whom we invite and conjure to a perfect union among tiiem-
selves, under our protection, for the re-settlement of our just
rights and theirs in a free Parliament, by which, upon the word
of a King, we will be advised.

And because the passion and unchaiitableness of the times
have produced several opinions in religion, by which men are
engaged in parties and animosities against eadi other (which,
when they shall hereafter unite In a freedom of conversation,
will be composed or better understood), we do declare a liberty
to tQnder consciences, and that no man shall be disquieted or
called in question for differences of opinion in matter of
religion, which do not disturb the peace of the kingdom; and
that we shall be ready to consent to such an Act of Parliament,
as, upon mature deliberation, shall be offered to us, for the fall
granting that indulgenoe.

And because, in the continued distractions of so many years,
and so many and great revolutions, many grants and purchases
of estates have been made to and by many officers, soldiers and
others, who are now possessed of the same, and who mi^ be
liable to actions at law upon several titles, we are likewise
willing that all such diffsrences, and all things i»lating to soch
grants, sales and purchases, shall be determined in Parliament,
which can best provide for the just satisfaction of all men who
are concerned.



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i66o] The Declaration of Breda 467

And wc do further declare, that we will be ready to consent
to any Act or Acts of Parliament to the purposes aforesaid,
and for the full satisfaction of all arrears due to the officers and
soldiers of the army under the command of General Monk;
and that they shall be received into our serrice upon as good
pay and conditions as they now enjoy.

Given under our Sign Manual and Privy Signet, at our
Court at Breda, this ^ day of April^ 1660, in
the twelfth year of our reign.



H h 2



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APPENDIX

The Navigation Act.

[Oot. 9, 1 65 1. Scobeirs Acts of Parliament, pt. ii, p. 176. See Oeminon"
wealth and Protectorate, ii. 147.]

Cap. 22.

Goods from Foreign parts hy whom to he imported.

For the increase of the shipping and the encouragement of
the navigation of this nation, which ^ under the good providence
and protection of God is so great a means of the welfare
and safety of this Commonwealth : he it enacted by this pre-
sent Parliament, and the authority thereof, that from and after
the first day of December, one thousand six hundred fifty and
one, and from thence forwards, no goods or commodities what-
soever of the growth, production or manufacture of Asia,
Afiica or America, or of any part thereof; or of any islands
belonging to them, or which are described or laid down in the
usual maps or cards of those places, as well of the English
plantations as others, shall be imported or brought into this
Commonwealth of England, or into Ireland, or any other lands,
islands, plantations, or territories to this Commonwealth be-
longing, or in their possession, in any other ship or ships,
vessel or vessels whatsoever, but only in such as do truly and
without fraud belong only to the people of this Commonwealth,
or the plantations thereof, as the proprietors or right owners
thereof; and whereof the master and mariners are also for the
most part of them of the people of this Commonwealth, under
the penalty of the forfeiture and loss of all the goods that shall
be imported contrary to this act; as also of the ship (with
all her tackle, guns and apparel) in which the said goods or

* When this Act was rd-enacted after the Restoration many changes
were made, the moat important being that the prohibition of importing in
foreign bottoms was extended to exports (12 Car. II, cap. 18).



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The Navigation Act 469

commodities shall be so brought in and imported; the one moiety
to the use of the Commonwealth, and the other moiety to the
use and behoof of any person or persons who shall seize the
goods or commodities, and shall prosecute the same in any
court of record within this Commonwealth.

And it is further enacted by the authority aforesaid, that no
goods or commodities of the growth, production, or manufacture
of Europe, or of any part thereof, shall after the first day of
December, one thousand six hundred fifty and one, be imported
or brought into this Commonwealth of England, or into Ire-
land| or any other lands, islands, plantations or territories to
this Commonwealth belonging, or in their possession, in any
ship or ships, vessel or vessels whatsoever, but in such as do
truly and without fraud belong only to the people of this
Commonwealth, as the true owners and proprietors thereof,
and in no other, except only such foreign ships and vessels as
do truly and properly belong to the people of that country or
place, of which the said goods are the growth, production or
manufacture ; or to such ports where the said goods can only
be, or most usually are first shipped for transportation; and
that under the same penalty of forfeiture and loss expressed in
the former branch of this Act, the said forfeitures to be re-
covered and employed as is therein expressed.

And it is further enacted by the authority aforesaid, that no
goods or commodities that are of foreign growth, production or
manufacture, and which are to be brought into this Common-
wealth in shipping belonging to the people thereof, shall be by
them shipped or brought from any other place or places, country
or countries, but only from those of their said growth, pro-
duction, or manufacture, or from those ports where the said
goods and commodities can only, or are, or usually have been
first shipped for transportation ; and from none other places or
countries, under the same penalty of forfeiture and loss ex-
pressed in the first branch of this Act, the said forfeitures to
be recovered and employed as is therein expressed.

And it is frirther enacted by the authority aforesaid, that no
sort of cod-fish, ling, herring, pilchard, or any other kind of salted
fish, usually fished for and caught by the people of this nation ;
nor any oil made, or that shall be made of any kind of fish



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47© Appendix

whatgoever, nor any whale-fins, or whale-bones, shall from
henceforth be imported into this Commonwealth or into Ire-
land, or any other lands, islands, plantations, or territories
thereto belonging, or in their possession, bnt only such as shall
be caught in Teasels that do or shall truly and properly belong
to the people of this nation, as proprietors and right owners
thereof; and the said fish to be cured, and the oil aforesaid
made by the people of this Commonwealth, under the penalty
and loss expressed in the first branch of this present Act; the
said forfeit to be recovered and employed as is there expressed.

And it is further enacted by the authority aforesaid, that no
sort of cod, ling, herring or pilchard, or any other kind of salted
fish whatsoeyer, which shall be caught and cured by the people
of this Commonwealth, shall be from and after the first of
February, one thousand six hundred fifty three, exported from
any place or places belonging to this Commonwealth, in any
other ship or ships, vessel or vessels, save only in such as do
truly and properly appertain to the people of this Common-
wealth, as right owners ; and whereof the master and mariners
are for the most part of them English, under the penalty and
loss expressed in the said first branch of this present Act ; the
said forfeit to be recovered and employed as is there expressed.

Provided always, that this Act, nor anything therein con-
tained, extend not, or be meant to restrain the importation of
any of the commodities of the Straits ^ or Levant seas, laden
in the shipping of this nation as aforesaid, at the usual ports or
places for lading of them heretofore, within the said Straits
or Levant seas, though the said commodities be not of the very
growth of the said places.

Provided also, that this Act nor anything therein contained,
extend not, nor be meant to restrain the importing of any East
India commodities laden in the shipping of this nation, at the
usual port or places for lading of them heretofore in any part
of those seas, to the southward and eastward of Cabo Bona
Esperanza^, although the said ports be not the very places of
their growth.

^ *The Straits' are the Straits of Gibraltar, but the term includes the
Mediterranean, or, as here, the western y».vi of it.
^ The Cape of Good Hope.



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The Navigation Act 471

ProYided also, that it shall and inay be lawful to and for any
of the people of this Commonwealth, in vesBels or ships to them
belonging, and whereof the master and mariners are of this
nation as aforesaid, to load and bring in from any of the ports
of Spain and Portugal, all sorts of goods or commodities that
have come from, or any way belonged unto the plantations or
dominions of either of them respectively.

Be it also further enacted by the authority aforesaid, that
from henceforth it shall not be lawful to any person or persons
whatsoever to load or cause to be laden and carried in any
bottom or bottoms, ship or ships, vessel or vessels, whatsoever,
whereof any stranger or strangers born (unless such be denizens
or naturalized) be owners, or masters, any fish, victual, wares,
or things of what kind or nature soever the same shall be, from
one port or creek of this Commonwealth, to another port or
creek of the same, under penalty to eveiy one that shall offend
contrary to the true meaning of this branch of this present Act,
to forfeit all the goods that shall be so laden or carried, as also
the ship upon which they shall be so laden or carried, the same
forfeit to be recovered and employed as directed in the first
branch of this present Act.

Lastly, that this Act nor anything therein contained, extend
not to bullion, nor yet to any goods taken, or that shall be taken
by way of reprisal by any ship or ships, having commission
from this commonwealth.

Provided, that this Act, or anything therein contained, shall
not extend, nor be construed to extend to any silk or silk
wares whieh shall be brought by land from any part of Italy,
and there bought with the proceed of English commodities,
sold either for money or in barter; but that it shall and may
be la¥rful for any of the people of this Commonwealth to ship
the same in English vessels from Ostend, Nieuport, Rotterdam,
Middelburg, Amsterdam, or any ports thereabouts, the owners
and proprietors first making oath by themselves, or other
credible witnesses, before the Commissioners of the Customs
for the time being or their deputies, or one of the Barons of
the Exchequer, that the goods aforesaid were so bought for
his or their own proper account in Italy.



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INDEX



Acts of Parliament: for triennial
Parliaments, 144 ; for Strafford's
attainder, 156; against dissolv-
ing the Long ParlUment without
its own consent, 158 ; for the
grant of tonnage and poundage,
159 ; for the abolition of the Star
Chamber, 179; for the abolition
of the High Commission Court,
186; declaring tho illegality of
ship-money, 189; for uie limi-
tation of forests, 19a ; prohibit-
ing knighthood fines, 196 ; im-
posing Usabilities on the clergy,
341 ; for impressment, 342 ;
navigation, 468.

Agreement of the People, the,
xlix-liv, 359.

Arminians, the Commons complain
of, 79 ; their tenets stated, 81 ;
protestation of the Commons
against, 8a.

Army, votes for raising an, a6i.

Array, commissions of, the King's
letter sent with, 258.

Articles of Beligion, the King*s
declaration prefixed to, 75.

Arundel, Earl o^ documents re-
lating to the restraint of, 44.

Attainder of Strafford, 156.



Barebones Parliament, the so-called,
summons to a member of, 405.

Bates's case, ziii.

Benevolences, statute against levy-
ing, 66.

Bill on Church reform, 167.

Bishops, complaints against, 140 ;
proposal to limit the authority of,



167 ; proposal to take away the
votes of; 204; Act taking secular
jurisdiction from, 241 ; propoeal
for the abolitioii of, 263, 275,
291.

Breda, the declaration of, 465.

Bristol, Earl of, documents x^ting
to the restraint of, 44.

Buckingham, Duke of, documents
relating to the impeachment of, 3.



Calvin, zxi-zxiii.

Charles I, incidents of his reign, xiz,
foil. ; defends the Duke of Buck-
ingham, 4 ; orders the coUectioti of
a Free Gift, 46; his answer to
the Petition of Right, 70 ; claims
tonnage and poundage, 74; his
declaration on r^igion, 75; his
declaration on the dissolution of
his third Parliament, 83; com-
ments on the session of 1629, 9^ t
his declaration of sports, 99; is
present at the decision of th«
Frivy Council on the position of
the Communion Table, 103 ; re-
fers the legality of ship-money to
the judges, 108 ; smnmons a Great
Council, 136; his speech to the
Recorder of the City, aoi ; his
proclamation on religion, 332 ;
ids answer to the petition ac-
companying the Grand Remon-
strance, 233 ; condemns the
militia ordinance, 248 ; his an-
swers to the Newcastle propo-
sitions, 306, 308, 311; suggested
answer to be given by, 309 ;
declares that he prefers the



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Index



473



Heads tf Proposals to the Par-
liamentaiy propositions, 326 ;
writes to Parliament after leav-
ing Hampton Court, 328 ; erec-
tion of a High Court of Justice
fcnr the trial of, 357; charge
against, 371; declines the juris-
diction of ^e High Court of
Justice, 374; is sentenced to
death, 377; warrant for the
execution of, 380.

Charles II, issues the declaration
of Breda, 465.

Church, Act repealing laws for not
coming to, 391.

Church of England, the, the King*s
declaration prefixed to the articles
of> 75; complaints of abuses in,
137; Bill for the reform of, 167 ;
the Commons complain of inno-
vations in, 197 ; order of the
Xiords on the services of, 199 ;
Charles declares his intention of
defending, aoa; the King^s pro-
clamation for maintaining, 232 ;
declaration of Parliament on the
reform of, 347.

Clerical PisabiUties Act, the, 241.

Clerkenwell, a college of Jesuits
at, 79.

Commissions of Array, the King's
letter sent with, 25S.

Committee of both kingdoms, the,

37^ 373.

Commons, House of, its protestation
at die close of the session of 1625,
a; remonstrates against the
King's defence of Buckingham,
6; impeaches Buckingham, 7 ; its
[urotestation at the dissolution of
1629, 82 ; the King's declaration
against .the proceedings of, 83 ;
the protestation of, 155 ; resoln-
tions of, on ecclesiastical innova-
tions, 197; proposes instructions
to the Committee in Scotland,
199; declares the treatment of
the five members to be a breach
of privilege, 237 ; proposals for
the reform of, 359, 407.

Commonwealth, the, engagement
taken by the Council of State of,
lii, 384 ; abolition of the office of



King in, 384; general engage-
ment of fidelity to, 388.

Communion Table, tlie, position of,
103.

Coeins, Dr., his books complained
of, 80.

Council of State, the, engagement
taken by, 384.

Covenant, the Scottish National,
124; the Solemn League and,
267.

Cromwell, Oliver, his declaration
on the dissolution of the Long
Parliament, 400. See Protector-
ate.

Cromwell, Biohard, summoned to
the House of Lords of the Pro-
tectorate, 464.



Declaration of Breda, the, Ixiii,

465-

Declaration of Sports, the, 99.

Delinquents, proposab made for
deaung with, 278, 298.

Disbandment of the armies, pro-
posals for the, 285.



Elections, proposals of the Agree-
ment of the People relating to,
359 ; arrangements of the Instru-
ment of €U>Temment for, 407;
ordinance for the Scottish, 421 ;
ordinance for the Irish, 425.

Engagement, the, 347.

Episcopacy. Su Bishops.

Essex, Earl of, vote of Parliament
to live and die with, 261.



Five Knights' Case, the, 57.

live members, the, impeachment
of, 236 ; declaration of the Com-
mons on the breach of privilege in
the treatment of, 237.

Forced Loan, the. Commission for
raising, 51.

Forced loans, condemned, 67.

Forests, Act for the limitation of,
192.

Four Bills, the, xlviii, xliz, 335.



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474

Free Gift, Uie, 46.



Index

Jesuits, college of, 79.



Goodman, biihop, his sennons eom-

plMned of, So.
Grand Remonstrauoe, the, aoa ; the

King*s Answer to the Petition

Aocompanying, 333.
Great Coonali the, the King's writ

summoning, i$6.



Heads of Proposals, the, 316;
Charles expresses his preference
for, 336.

Heath, Sir Robert, stays proceed-
ings against recusants, 79.

High Commission, Court of, aboli-
tion of, xi, 186.

High Court of Justice, the, ordin-
ance for erecting, 357 ; the King
declines the jurisdiction of, 374 ;
sentences the King, 377.

Hooker*8 EceUticktlUal Polity, xxvi.

Humble Petition and Advice, the,
447 ; the Additional, 459.



Impeachment of the fire members,

236.
Impressment Act, the, 242.
Imprisonment without cause shown,

InnovationB,eccle8iastical resolutions
of the Commons on, 197 ; order
of the Lords on, 199; proposed
Bill for taking away, 263.

Instrument of Government, the, 405.

Ireland, instructions to tiie Com-
mittee in Scotland on the rebel-
lion in, 200; statemeht made in
the Grand Remonstrance about,
228; reply of the King about,
235; Act OB in^>re9sment for
service in, 242 ; proposal to make
void the cessation in, 278;
proposal to make war in, 283;
Act fw the settlement of, 394;
ordinance for elections in, 425.

James I, King, incidents of his rei^fn,
xa,foll. *



King, abolition uf the office of,

384.
Knighthood fines, Act prohibiting

the exaction of, 196.



lAncashii-e, recreations in, 99.

Laud, Archbishop, xxii-xxiv.

Liberties of the eubject. Bill on the,
65.

London, the City 0^ proposals in
favour of, 285, 296, 304,

Long Parliament, the, legislation of,
xi, xxxi; Act against dissolving
without its own consent, 1 58 ;
declaration of the Protector on
the dissolution of, 400.

Lords, House of, the, reading of a
Bill <m Church reform by, 167 ;
makes an order on the services
of the Church, 199 ; renunciation
by the Conmions of, 389 ; re-
establishment, under the Protec-
torate, of, 449, 451 ; summons of
Richard Cromwell to, 464.



Martial law, illegal exercise of, 68.

Militia, the, ordinance for {dacing
under the authority of Parlia-
ment, 246 ; the King s declaoration
on the ordinance alM>ut, 248 ; de-
claration of the Houses on, 254 ;
proposals made at the Treaty of
Oxford on, 265 ; proposals made
at the Treaty of Uxbridge on,
281 ; proposals mad» at New-
castle on, 293.

Militia ordinances the, 245 ; is con-



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