IV.: Soit baillé aux Seigneurs, A ceste Bille les Seigneurs sont assentuz.

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 where 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, &c. (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].)

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 £50,000 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..

8. That the arrears of pay due to the army and others the soldiery of this kingdom, who have faithfully served the Parliament 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 thereupon 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 being made upon the disafforestation 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 entitled ‘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 Chantors, Chancellors, Treasurers, Sub-Treasurers, Succentors 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.

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 of 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 compound; 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 Act or Acts of Parliament as shall be presented unto him for the settling of the Presbyterian government and directory in England and Ireland, according 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 government 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 the 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 the Assembly of Divines, now sitting at Westminster; nor of any thing contrary to those points of faith, for the ignorance whereof men are to be kept from the Sacrament of the Lord’s Supper, as they are contained in the rules and directions for that purpose, passed both Houses the 20th of October, 1645.

That it be also provided, that this indulgence shall not extend to exempt any person or persons from any penalty by law imposed, or to be imposed, upon them for absenting themselves upon the Lord’s Day from hearing the Word of God, unless they can show reasonable cause of their absence, or that they were present elsewhere to hear the Word of God preached or expounded unto them, so as the said preaching or expounding be not by any Minister sequestered and not restored.

That this indulgence shall not extend to tolerate the use of the Book of Common Prayer in any place whatsoever.

That liberty shall be given to all Ministers of the Gospel, though they cannot conform to the present Government in all things, being not under sequestration, nor sequesterable, to preach any lecture or lectures, in any church or chapel, where they shall be desired by the inhabitants thereof; provided that it be not at such hours as the Minister of the said parish doth ordinarily preach himself, and shall receive such means and maintenance as doth, or shall, thereunto appertain.

15. That an Act or Acts of Parliament be passed, that the Deputy or Chief Governor, or other Governors of Ireland, &c.

(This Proposition is the same as the third clause of the seventeenth presented at Newcastle, p. [304].)

(The sixteenth, seventeenth, eighteenth and nineteenth Articles, for the more effectual disabling of Jesuits and Papists from disturbing the State and eluding the laws; for the education of the children of Papists in the Protestant religion, &c., are the same as the seventh, eighth, ninth and tenth Propositions, at p. [292], but are now extended to Ireland.)

(The twentieth, twenty-first, twenty-second and twenty-third Articles relate to the observation of the Sabbath, innovations in worship, preaching, pluralities, non-residence; and are the same as the first four clauses of the twelfth Proposition, p. [293]. After which follows this instruction to the Commissioners of both Houses.)

They have also commanded us to desire that your Majesty will give your royal assent to these Bills, by your Letters Patent under the Great Seal of England, and signed by your hand, and declared and notified to the Lords and Commons assembled together in the House of Peers, according to the law declared in that behalf; it appearing unto them, upon mature deliberation, that it stands not with the safety and security of the kingdom and Parliament, to have your Majesty’s assent at this time given otherwise. They desire, therefore, that your Majesty be pleased to grant your warrant for the draught of a Bill for such your Letters Patent, to be presented to your Majesty; and then a warrant to Edward Earl of Manchester and William Lenthall, Esq., Speaker of the House of Commons, who have now the custody of the Great Seal of England, to put the same to such your Majesty’s Letters Patent signed as aforesaid, thereby authorising Algernon Earl of Northumberland, Henry Earl of Kent, John Earl of Rutland, Philip Earl of Pembroke, William Earl of Salisbury, Robert Earl of Warwick, and Edmund Earl of Mulgrave, or any three of them, to give your Majesty’s royal assent unto the said Bills, according to the law in that behalf declared; and for the other particulars contained in the aforementioned Propositions, the two Houses of Parliament will, after such your Majesty’s assent given to the said Bills, send their Committee of both Houses to treat with your Majesty in the Isle of Wight thereupon.

His Majesty giving belief to the professions of those who have entered into the League and Covenant, and that their intentions are real for preservation of His Majesty’s person and authority according to their allegiance, and no ways to diminish his just power and greatness, His Majesty, so soon as he can with freedom, honour and safety be present in a free Parliament, is content to confirm the said League and Covenant by Act of Parliament in both kingdoms, for security of all who have taken or shall take the said Covenant, provided that none who is unwilling shall be constrained to take it. His Majesty will likewise confirm by Act of Parliament in England, Presbyterial government, the directory for worship, and Assembly of Divines at Westminster for three years, so that His Majesty and his household be not hindered from using that form of Divine Service he hath formerly practised; and that a free debate and consultation be had with the Divines at Westminster, twenty of His Majesty’s nomination being added unto them, and with such as shall be sent from the Church of Scotland, whereby it may be determined by His Majesty and the two Houses how the Church government, after the said three years, shall be fully established as is most agreeable to the Word of God: that an effectual course shall be taken by Act of Parliament, and all other ways needful or expedient, for suppressing the opinions and practices of Anti-Trinitarians, Anabaptists, Antinomians, Arminians, Familists, Brownists, Separatists, Independents, Libertines, and Seekers, and generally for suppressing all blasphemy, heresy, schism, and all such scandalous doctrines and practices as are contrary to the light of nature, or to the known principles of Christianity, whether concerning faith, worship or conversation, or to the power of Godliness, or which may be destructive to order and government, or to the peace of the Church and kingdom; that in the next Session of Parliament after that the kingdom of Scotland shall declare for His Majesty in pursuance of this Agreement, he shall in person or by commission confirm the League and Covenant according to the first Article. Concerning the Acts passed in the last triennial Parliament of his kingdom of Scotland, and the Committees appointed by the same, His Majesty is content then also to give assurance by Act of Parliament that neither he nor his successors shall quarrel, call in question, or command the contrary of any of them, nor question any for giving obedience to the same; and whereas after the return of the Scottish army to Scotland, the Houses of Parliament of England did resolve and appoint the army under command of Sir Thomas Fairfax to disband, and they having entered into an engagement to the contrary, His Majesty was carried away from Holdenby against his will by a party of the said army, and detained in their power until he was forced to fly from amongst them to the Isle of Wight; and since that time His Majesty and the Commissioners of the kingdom of Scotland have earnestly pressed that His Majesty might come to London in safety, honour and freedom for a personal treaty with the two Houses and the Commissioners of the Parliament of Scotland, which hath not been granted: and whereas the said army hath in a violent manner forced away divers members of both Houses from the discharge of their trust, and possessed themselves of the City of London and all the strengths and garrisons of the kingdom, and, through the power and influence of the said army and their adherents, Propositions and Bills have been sent to His Majesty without the advice and consent of the kingdom of Scotland, contrary to the Treaty between the kingdoms, which are destructive to religion, His Majesty’s just rights, the privileges of Parliament, and liberty of the subject, from which Propositions and Bills the said Scots Commissioners have dissented in the name of the kingdom of Scotland; and, forasmuch as His Majesty is willing to give satisfaction concerning the settling of religion and other matter in difference, as is expressed in this Agreement, the kingdom of Scotland doth oblige and engage themselves first in a peaceable way and manner to endeavour that His Majesty may come to London in safety, honour and freedom for a personal treaty with the Houses of Parliament and the Commissioners of Scotland upon such Propositions as shall be mutually agreed on between the kingdoms, and such Propositions as His Majesty shall think fit to make; and that for this end all armies may be disbanded, and in case this shall not be granted, that Declarations shall be omitted by the kingdom of Scotland in pursuance of this Agreement, against the unjust proceedings of the two Houses of Parliament towards His Majesty and the kingdom of Scotland, wherein they shall assert the right which belongs to the Crown in the power of the militia, the Great Seal, bestowing of honours and offices of trust, choice of Privy Councillors, the right of the King’s negative voice in Parliament; and that the Queen’s Majesty, the Prince, and the rest of the royal issue, ought to remain where His Majesty shall think fit, in either of the kingdoms, with safety, honour and freedom; and upon the issuing of the said Declarations, that an army shall be sent from Scotland into England, for preservation and establishment of religion, for defence of His Majesty’s person and authority, and restoring him to his government, to the just rights of the Crown and his full revenues, for defence of the privileges of Parliament and liberties of the subject, for making a firm union between the kingdoms, under His Majesty and his posterity, and settling a lasting peace; in pursuance whereof the kingdom of Scotland will endeavour that there may be a free and full Parliament in England, and that His Majesty may be with them in honour, safety and freedom, and that a speedy period be set to this present Parliament, and that the said army shall be upon the march before the said peaceable message and Declaration be delivered to the House; and it is further agreed that all such in the kingdoms of England or Ireland, as shall join with the kingdom of Scotland in pursuance of this Agreement, shall be protected by His Majesty in their persons and estates; and that all such His Majesty’s subjects of England and Ireland as shall join with him in pursuance of this Agreement may come to the Scotch army and join with them, or else put themselves into other bodies in England and Wales for prosecution of the same ends as the King’s Majesty shall judge most convenient, and under such Commanders or Generals of the English nation as His Majesty shall think fit, and that all such shall be protected by the kingdom of Scotland and their army in their persons and estates, and where any injury or wrong is done to them therein, that they shall be careful to see them fully repaired so far as is in their power to do, and likewise, where any injury or wrong is done to those that join with the kingdom of Scotland, His Majesty shall be careful for their full reparation; that His Majesty or any by his authority or knowledge shall not make nor admit of any cessation, pacification, nor agreement for peace whatsoever, nor of any Treaty, Propositions, Bills, or any other ways for that end, with the Houses of Parliament or any army or party in England and Ireland, without the advice and consent of the kingdom of Scotland; nor any having their authority shall either make or admit of any of these any manner of way with any whatsoever without His Majesty’s advice and consent; that, upon the settling of a peace, there be an Act of Oblivion to be agreed on by His Majesty and both his Parliaments of both kingdoms; that His Majesty, the Prince, or both shall come into Scotland upon the invitation of that kingdom and their declaration that they shall be in safety, freedom and honour, when possibly they can come with safety and conveniency; and that His Majesty shall contribute his utmost endeavours both at home and abroad for assisting the kingdom of Scotland in carrying on this war by sea and land, and for their supply by monies, arms, ammunition, and all other things requisite, as also for guarding the coasts of Scotland with ships, and protecting all Scottish merchants in the free exercise of trade and commerce with other nations; and His Majesty is very willing and doth authorise the Scots army to possess themselves of Berwick, Carlisle, Newcastle-upon-Tyne, Tynemouth, and Hartlepool, for to be places of retreat and magazine, and, when the peace of the kingdom is settled, the kingdom of Scotland shall remove their forces, and deliver back again the said towns and castles; that, according to the large Treaty, payment may be made of the remainder of the Brotherly Assistance which yet rests unpaid; and likewise of the £200,000 due upon the late Treaty made with the Houses of Parliament for the return of the Scots army, as also that payment shall be made to the kingdom of Scotland for the charge and expense of their army in this future war, together with due recompense for the losses which they shall sustain therein: that due satisfaction, according to the Treaty on that behalf between the kingdoms, shall be made to the Scottish army in Ireland, out of the land of that kingdom or otherwise; that His Majesty, according to the intention of his father, shall endeavour a complete union of the kingdoms, so as they may be one under His Majesty and his posterity; and, if that cannot be speedily effected, that all liberties, privileges, concerning commerce, traffic, and manufactories peculiar to the subjects of either nation, shall be common to the subjects of both kingdoms without distinction; and that there be a communication of mutual capacity of all other privileges of the subject in the two kingdoms; that a competent number of ships shall be yearly assigned and appointed out of His Majesty’s navy, which shall attend the coast of Scotland for a guard and freedom of trade to his subjects of that nation; that His Majesty doth declare that his successors as well as himself are obliged to the performances of the Articles and conditions of this Agreement; that His Majesty shall not be obliged to the performance of the aforesaid Articles until the kingdom of Scotland shall declare for him in pursuance of this Agreement, and that the whole Articles and conditions aforesaid shall be finished, perfected and performed before the return of the Scots army; and that when they return into Scotland at the same time, simul et semel, all arms be disbanded in England.

We do declare and oblige ourselves in verbo principis, that the kingdom of Scotland engaging to perform the written Articles, we shall perform our part therein as is above expressed in the said Articles.

At Carisbrook Castle, the 26th of December. Charles R. [his little seal.]

We, whose names are underwritten, do hereby engage ourselves upon our honour, faith and conscience, and all that is dearest to honest men, to endeavour to the utmost of our powers that the kingdom of Scotland shall engage to perform the within written conditions in so far as relates to them, His Majesty engaging to perform his part of the aforesaid Articles; and we are most confident that the kingdom of Scotland will do the same; and we are most willing, upon the perfecting of the said Agreement, to hazard our lives and fortunes in pursuance thereof. By the clause of confirming Presbyterian government by Act of Parliament, His Majesty hath declared to us that he is neither obliged to desire the settling of Presbyterian government, nor to present a Bill for that effect; and we likewise understand that no person whatsoever suffer in his estate or corporal punishment for not submitting to Presbyterian government, His Majesty understanding that this shall not extend to those that are mentioned in the clause against toleration.

This was declared in the presence of Lord Loudoun, Lord Lauderdale, Lord Lanerick, and the King took them as witnesses and not assentors, December 27.

His Majesty, out of the natural affection he bears to his ancient and native kingdom, and to demonstrate how sensible he is of their affection expressed to him in the time of his extremity, and how heartily desirous he is to put marks of his grace and favour upon his subjects of that nation which may remain to all posterity, doth declare that he is resolved:—

That Scottish men equally with English be employed by His Majesty and his successors, in foreign negotiations and treaties in all time coming;

That a considerable and competent number of Scotsmen be upon His Majesty’s Council, and his successors’ in England, and so reciprocally the same number of Englishmen upon His Majesty’s Council in Scotland. That Scottish men according to the number and proportion [of a third part in number and quality be employed] in places of trust and offices about His Majesty’s person, the Queen’s Majesty, the Prince and the rest of the royal issue, and their families in all time coming.

That His Majesty and the Prince, or at least one of them, shall reside in Scotland frequently as their occasions can permit—whereby their subjects of that kingdom may be known unto them.

For the Speaker of the Lords’ House pro tempore, to be communicated to the Lords and Commons in the Parliament of Westminster, and the Commissioners of the Parliament of Scotland.

The necessity of complying with all engaged interests in these great distempers, for a perfect settlement of peace, His Majesty finds to be none of the least difficulties he hath met with since the time of his afflictions; which is too visible, when at the same time that the two Houses of the English Parliament do present to His Majesty several Bills and Propositions for his consent, the Commissioners for Scotland do openly protest against them: so that were there nothing in the case but the consideration of that difference, His Majesty cannot imagine how to give such an answer to what is now proposed, as thereby to promise himself his great end, a perfect peace.

And when His Majesty further considers how impossible it is, in the condition he now stands, to fulfil the desires of his two Houses, since the only ancient and known ways of passing laws are either by His Majesty’s personal assent in the House of Peers, or by commission under his Great Seal of England, he cannot but wonder at such failings in the manner of address which is now made unto him; unless his two Houses intend that His Majesty shall allow of a Great Seal made without his authority, before there be any consideration had thereupon in a Treaty, which as it may hereafter hazard the security itself, so for the present it seems very unreasonable to His Majesty. And although His Majesty is willing to believe that the intention of very many in both Houses in sending these Bills before a treaty was only to obtain a trust from him, and not to take any advantage by passing them, to force other things from him, which are either against his conscience or honour; yet His Majesty believes it clear to all understandings, that these Bills contain, as they are now penned, not only the divesting himself of all sovereignty, and that without possibility of recovering it, either to him or his successors, except by repeal of these Bills, but also the making his concessions guilty of the greatest pressures that can be made upon the subject; as in other particulars, so by giving an arbitrary and unlimited power to the two Houses for ever, to raise and levy forces for land and sea service, on what persons, without distinction or quality, and to what numbers, they please: and likewise, for the payment of them, to levy what monies, in such sort, and by such ways and means, and consequently upon the estates of whatsoever persons they shall think fit and appoint, which is utterly inconsistent with the liberty and prosperity of the subject, and His Majesty’s trust in protecting them. So that, if the major part of both Houses shall think it necessary to put the rest of the Propositions into Bills, His Majesty leaves all the world to judge how unsafe it would be for him to consent thereunto; and if not, what a strange condition, after the passing of these four Bills, His Majesty and all his subjects would be cast into.

And here His Majesty thinks it not unfit to wish his two Houses to consider well the manner of their proceeding; that when His Majesty desires a personal treaty with them for the settling of a peace, they in manner propose the very subject matter of the most essential parts thereof to be first granted, a thing which will be hardly credible to posterity. Wherefore His Majesty declares, that neither the desire of being freed from this tedious and irksome condition of life His Majesty hath so long suffered, nor the apprehension of what may befall him, in case his two Houses shall not afford him a personal treaty, shall make him change his resolution of not consenting to any Act till the whole peace be concluded.

Yet then he intends not only to give just and reasonable satisfaction in the particulars presented to him, but also to make good all other concessions mentioned in his message of the 17th of November last1, which he thought would have produced better effects than what he finds in the Bills and Propositions now presented unto him.

And yet His Majesty cannot give over, but now again earnestly presseth for a personal treaty (so passionately is he affected with the advantages which peace will bring to His Majesty and all his subjects), of which he will not at all despair, there being no other visible way to obtain a well-grounded peace: however, His Majesty is very much at ease within himself, for having fulfilled the offices both of a Christian and of a King; and will patiently wait the good pleasure of Almighty God to incline the hearts of his two Houses to consider their King, and to compassionate their fellow subjects’ miseries.

The Lords and Commons assembled in Parliament, after many addresses to His Majesty for the preventing and ending of this unnatural war raised by him against his Parliament and kingdom, having lately sent Four Bills to His Majesty which did contain only matter of safety and security to the Parliament and kingdom, referring the composure of all other differences to a personal treaty with His Majesty; and having received an absolute negative, do hold themselves obliged to use their utmost endeavours speedily to settle the present government in such a way as may bring the greatest security to this kingdom in the enjoyment of the laws and liberties thereof; and in order thereunto, and that the House may receive no delays nor interruptions in so great and necessary a work, they have taken these resolutions, and passed these votes, viz.:

1. That the Lords and Commons do declare that they will make no further addresses or applications to the King.

2. That no application or addresses be made to the King by any person whatsoever, without the leave of both Houses.

3. That the person or persons that shall make breach of this order shall incur the penalties of high treason.

4. That the two Houses declare they will receive no more any message from the King; and do enjoin that no person whatsoever do presume to receive or bring any message from the King to both or either of the Houses of Parliament, or to any other person.

Whereas it is notorious that Charles Stuart, the now King of England, not content with the many encroachments which his predecessors had made upon the people in their rights and freedom, hath had a wicked design totally to subvert the ancient and fundamental laws and liberties of this nation, and in their place to introduce an arbitrary and tyrannical government, and that besides all other evil ways and means to bring his design to pass, he hath prosecuted it with fire and sword, levied and maintained a civil war in the land, against the Parliament and kingdom; whereby this country hath been miserably wasted, the public treasure exhausted, trade decayed, thousands of people murdered, and infinite other mischiefs committed; for all which high and treasonable offences the said Charles Stuart might long since have justly been brought to exemplary and condign punishment: whereas also the Parliament, well hoping that the restraint and imprisonment of his person, after it had pleased God to deliver him into their hands, would have quieted the distempers of the kingdom, did forbear to proceed judicially against him, but found, by sad experience, that such their remissness served only to encourage him and his accomplices in the continuance of their evil practices, and in raising new commotions, rebellions and invasions: for prevention therefore of the like or greater inconveniences, and to the end no Chief Officer or Magistrate whatsoever may hereafter presume, traitorously and maliciously, to imagine or contrive the enslaving or destroying of the English nation, and to expect impunity for so doing; be it enacted and ordained by the [Lords] and Commons in Parliament assembled, and it is hereby enacted and ordained by the authority thereof, that the Earls of Kent, Nottingham, Pembroke, Denbigh and Mulgrave, the Lord Grey of Wark, Lord Chief Justice Rolle of the King’s Bench, Lord Chief Justice St. John of the Common Pleas, and Lord Chief Baron Wylde, the Lord Fairfax, Lieutenant-General Cromwell, &c. [in all about 150], shall be and are hereby appointed and required to be Commissioners and Judges for the hearing, trying and judging of the said Charles Stuart; and the said Commissioners, or any twenty or more of them, shall be, and are hereby authorised and constituted an High Court of Justice, to meet and sit at such convenient times and place as by the said Commissioners, or the major part, or twenty or more of them, under their hands and seals, shall be appointed and notified by proclamation in the Great Hall or Palace-Yard of Westminster; and to adjourn from time to time, and from place to place, as the said High Court, or the major part thereof, at meeting shall hold fit; and to take order for the charging of him, the said Charles Stuart, with the crimes and treasons above mentioned, and for receiving his personal answer thereunto, and for examination of witnesses upon oath (which the Court hath hereby authority to administer) or otherwise, and taking any other evidence concerning the same; and thereupon, or in default of such answer, to proceed to final sentence according to justice and the merit of the cause; and such final sentence to execute, or cause to be executed, speedily and impartially.

And the said Court is hereby authorised and required to choose and appoint all such officers, attendants and other circumstances as they, or the major part of them, shall in any sort judge necessary or useful for the orderly and good managing of the premises; and Thomas Lord Fairfax the General, and all officers and soldiers under his command, and all officers of justice, and other well-affected persons, are hereby authorised and required to be aiding and assisting unto the said Court in the due execution of the trust hereby committed unto them; provided that this Act, and the authority hereby granted, do continue in force for the space of one mouth from the date of the making thereof, and no longer.

An Agreement of the People of England, and the places therewith incorporated, for a secure and present peace, upon grounds of common right, freedom and safety.

Having, by our late labours and hazards, made it appear to the world at how high a rate we value our just freedom, and God having so far owned our cause as to deliver the enemies thereof into our hands, we do now hold ourselves bound, in mutual duty to each other, to take the best care we can for the future, to avoid both the danger of returning into a slavish condition and the chargeable remedy of another war: for as it cannot be imagined that so many of our countrymen would have opposed us in this quarrel if they had understood their own good, so may we hopefully promise to ourselves, that when our common rights and liberties shall be cleared, their endeavours will be disappointed that seek to make themselves our masters. Since therefore our former oppressions and not-yet-ended troubles have been occasioned either by want of frequent national meetings in council, or by the undue or unequal constitution thereof, or by rendering those meetings ineffectual, we are fully agreed and resolved, God willing, to provide, that hereafter our Representatives be neither left to an uncertainty for times nor be unequally constituted, nor made useless to the ends for which they are intended. In order whereunto we declare and agree,

First, that, to prevent the many inconveniences apparently arising from the long continuance of the same persons in supreme authority, this present Parliament end and dissolve upon, or before, the last day of April, 1649.

Secondly, that the people of England (being at this day very unequally distributed by counties, cities, and boroughs, for the election of their Representatives) be indifferently proportioned; and, to this end, that the Representative of the whole nation shall consist of 400 persons, or not above; and in each county, and the places thereto subjoined, there shall be chosen, to make up the said Representative at all times, the several numbers here mentioned, viz.

Provided, that the first or second Representative may, if they see cause, assign the remainder of the 400 representers, not hereby assigned, or so many of them as they shall see cause for, unto such counties as shall appear in this present distribution to have less than their due proportion. Provided also, that where any city or borough, to which one representer or more is assigned, shall be found in a due proportion not competent alone to elect a representer, or the number of representers assigned thereto, it is left to future Representatives to assign such a number of parishes or villages near adjoining to such city or borough, to be joined therewith in the elections, or may make the same proportionable.

Thirdly. That the people do, of course, choose themselves a Representative once in two years, and shall meet for that purpose upon the first Thursday in every second May, by eleven in the morning; and the Representatives so chosen to meet upon the second Thursday in the June following, at the usual place in Westminster, or such other place as, by the foregoing Representative, or the Council of State in the interval, shall be, from time to time, appointed and published to the people, at the least twenty days before the time of election: and to continue their sessions there, or elsewhere, until the second Thursday in December following, unless they shall adjourn or dissolve themselves sooner; but not to continue longer. The election of the first Representative to be on the first Thursday in May, 1649; and that, and all future elections, to be according to the rules prescribed for the same purpose in this Agreement, viz. 1. That the electors in every division shall be natives or denizens of England; not persons receiving alms, but such as are assessed ordinarily towards the relief of the poor; no servants to, and receiving wages from, any particular person; and in all elections, except for the Universities, they shall be men of twenty-one years of age, or upwards, and housekeepers, dwelling within the division for which the election is: provided, that (until the end of seven years next ensuing the time herein limited for the end of this present Parliament) no person shall be admitted to, or have any hand or voice in, such elections, who hath adhered unto or assisted the King against the Parliament in any of the late wars or insurrections; or who shall make or join in, or abet, any forcible opposition against this Agreement. 2. That such persons, and such only, may be elected to be of the Representative, who, by the rule aforesaid, are to have voice in elections in one place or other. Provided, that of those none shall be eligible for the first or second Representative, who have not voluntarily assisted the Parliament against the King, either in person before the 14th of June, 1645, or else in money, plate, horse, or arms, lent upon the Propositions, before the end of May, 1643; or who have joined in, or abetted, the treasonable engagement in London, in 1647; or who declared or engaged themselves for a cessation of arms with the Scots that invaded this nation the last summer; or for compliance with the actors in any insurrections of the same summer; or with the Prince of Wales, or his accomplices, in the revolted fleet. Provided also, that such persons as, by the rules in the preceding Article, are not capable of electing until the end of seven years, shall not be capable to be elected until the end of fourteen years next ensuing. And we desire and recommend it to all men, that, in all times, the persons to be chosen for this great trust may be men of courage, fearing God and hating covetousness; and that our Representatives would make the best provisions for that end. 3. That whoever, by the rules in the two preceding Articles, are incapable of electing, or to be elected, shall presume to vote in, or be present at, such election for the first or second Representative; or, being elected, shall presume to sit or vote in either of the said Representatives, shall incur the pain of confiscation of the moiety of his estate, to the use of the public, in case he have any visible estate to the value of £50, and if he has not such an estate, then shall incur the pain of imprisonment for three months. And if any person shall forcibly oppose, molest or hinder the people, capable of electing as aforesaid, in their quiet and free election of representers, for the first Representative, then each person so offending shall incur the penalty of confiscation of his whole estate, both real and personal; and, if he has not an estate to the value of £50, shall suffer imprisonment during one whole year without bail or mainprize. Provided, that the offender in each such case be convicted within three months next after the committing of his offence, and the first Representative is to make further provision for the avoiding of these evils in future elections. 4. That to the end all officers of state may be certainly accountable, and no faction made to maintain corrupt interests, no member of a Council of State, nor any officer of any salary-forces in army or garrison, nor any treasurer or receiver of public money, shall, while such, be elected to be of a Representative: and in case any such election shall be, the same to be void. And in case any lawyer shall be chosen into any Representative or Council of State, then he shall be incapable of practice as a lawyer during that trust. 5. For the more convenient election of Representatives, each county, wherein more than three representers are to be chosen, with the town corporate and cities, if there be any, lying within the compass thereof, to which no representers are herein assigned, shall be divided by a due proportion into so many, and such parts, as each part may elect two, and no part above three representers. For the setting forth of which divisions, and the ascertaining of other circumstances hereafter expressed, so as to make the elections less subject to confusion or mistake, in order to the next Representative, Thomas Lord Grey of Groby, Sir John Danvers, Sir Henry Holcroft, knights; Moses Wall, gentleman; Samuel Moyer, John Langley, Wm. Hawkins, Abraham Babington, Daniel Taylor, Mark Hilsley, Rd. Price, and Col. John White, citizens of London, or any five or more of them, are intrusted to nominate and appoint, under their hands and seals, three or more fit persons in each county, and in each city and borough, to which one representer or more is assigned, to be as Commissioners for the ends aforesaid, in the respective counties, cities and boroughs; and, by like writing under their hands and seals, shall certify into the Parliament Records, before the 11th of February next, the names of the Commissioners so appointed for the respective counties, cities and boroughs, which Commissioners, or any three or more of them, for the respective counties, cities and boroughs, shall before the end of February next, by writing under their hands and seals, appoint two fit and faithful persons, or more, in each hundred, lathe or wapentake, within the respective counties, and in each ward within the City of London, to take care for the orderly taking of all voluntary subscriptions to this Agreement, by fit persons to be employed for that purpose in every parish; who are to return the subscription so taken to the persons that employed them, keeping a transcript thereof to themselves; and those persons, keeping like transcripts, to return the original subscriptions to the respective Commissioners by whom they were appointed, at, or before, the 14th day of April next, to be registered and kept in the chief court within the respective cities and boroughs. And the said Commissioners, or any three or more of them, for the several counties, cities and boroughs, respectively, shall, where more than three representers are to be chosen, divide such counties, as also the City of London, into so many, and such parts as are aforementioned, and shall set forth the bounds of such divisions; and shall, in every county, city and borough, where any representers are to be chosen, and in every such division as aforesaid within the City of London, and within the several counties so divided, respectively, appoint one place certain wherein the people shall meet for the choice of the representers; and some one fit person, or more, inhabiting within each borough, city, county or division, respectively, to be present at the time and place of election, in the nature of Sheriffs, to regulate the elections; and by poll, or otherwise, clearly to distinguish and judge thereof, and to make return of the person or persons elected, as is hereafter expressed; and shall likewise, in writing under their hands and seals, make certificates of the several divisions, with the bounds thereof, by them set forth, and of the certain places of meeting, and persons, in the nature of Sheriff, appointed in them respectively as aforesaid; and cause such certificates to be returned into the Parliament Records before the end of April next; and before that time shall also cause the same to be published in every parish within the counties, cities and boroughs respectively; and shall in every such parish likewise nominate and appoint, by warrant under their hands and seals, one trusty person, or more, inhabiting therein, to make a true list of all the persons within their respective parishes, who, according to the rules aforegoing, are to have voice in the elections; and expressing who amongst them are, by the same rules, capable of being elected; and such list, with the said warrant, to bring in and return, at the time and place of election, unto the person appointed in the nature of Sheriff, as aforesaid, for that borough, city, county or division respectively; which person so appointed as Sheriff, being present at the time and place of election; or, in case of his absence, by the space of one hour after the time limited for the peoples’ meeting, then any person present that is eligible, as aforesaid, whom the people then and there assembled shall choose for that end, shall receive and keep the said lists and admit the persons therein contained, or so many of them as are present, unto a free vote in the said election; and, having first caused this Agreement to be publicly read in the audience of the people, shall proceed unto, and regulate and keep peace and order in the elections; and, by poll or otherwise, openly distinguish and judge of the same; and thereof, by certificate or writing under the hands and seals of himself, and six or more of the electors, nominating the person or persons duly elected, shall make a true return into the Parliament Records within twenty-one days after the election, under pain for default thereof, or, for making any false return, to forfeit £100 to the public use; and also cause indentures to be made, and unchangeably sealed and delivered, between himself and six or more of the said electors, on the one part, and the persons, or each person, elected severally, on the other part, expressing their election of him as a representer of them according to this Agreement, and his acceptance of that trust, and his promise accordingly to perform the same with faithfulness, to the best of his understanding and ability, for the glory of God and good of the people. This course is to hold for the first Representative, which is to provide for the ascertaining of these circumstances in order to future Representatives.

Fourthly. That 150 members at least be always present in each sitting of the Representative, at the passing of any law or doing of any act whereby the people are to be bound; saving, that the number of sixty may make a House for debates or resolutions that are preparatory thereunto.

Fifthly. That the Representative shall, within twenty days after their first meeting, appoint a Council of State for the managing of public affairs, until the tenth day after the meeting of the next Representative, unless that next Representative think fit to put an end to that trust sooner. And the same Council to act and proceed therein, according to such instructions and limitations as the Representative shall give, and not otherwise.

Sixthly. That in each interval between biennial Representatives, the Council of State, in case of imminent danger or extreme necessity, may summon a Representative to be forthwith chosen, and to meet; so as the Session thereof continue not above eighty days; and so as it dissolve at least fifty days before the appointed time for the next biennial Representative; and upon the fiftieth day so preceding it shall dissolve of course, if not otherwise dissolved sooner.

Seventhly. That no member of any Representative be made either receiver, treasurer, or other officer, during that employment, saving to be a member of the Council of State.

Eightly. That the Representatives have, and shall be understood to have, the supreme trust in order to the preservation and government of the whole; and that their power extend, without the consent or concurrence of any other person or persons, to the erecting and abolishing of Courts of Justice and public offices, and to the enacting, altering, repealing and declaring of laws, and the highest and final judgment, concerning all natural or civil things, but not concerning things spiritual or evangelical. Provided that, even in things natural and civil, these six particulars next following are, and shall be, understood to be excepted and reserved from our Representatives, viz. 1. We do not empower them to impress or constrain any person to serve in foreign war, either by sea or land, nor for any military service within the kingdom; save that they may take order for the forming, training, and exercising of the people in a military way, to be in readiness for resisting of foreign invasions, suppressing of sudden insurrections, or for assisting in execution of the laws; and may take order for the employing and conducting of them for those ends; provided, that, even in such cases, none be compellable to go out of the county he lives in, if he procure another to serve in his room. 2. That, after the time herein limited for the commencement of the first Representative, none of the people may be at any time questioned for any thing said or done in relation to the late wars or public differences, otherwise than in execution or pursuance of the determinations of the present House of Commons, against such as have adhered to the King, or his interest, against the people; and saving that accomptants for public moneys received, shall remain accountable for the same. 3. That no securities given, or to be given, by the public faith of the nation, nor any engagements of the public faith for satisfaction of debts and damages, shall be made void or invalid by the next or any future Representatives; except to such creditors as have, or shall have, justly forfeited the same: and saving, that the next Representative may confirm or make null, in part or in whole, all gifts of lands, moneys, offices, or otherwise, made by the present Parliament to any member or attendant of either House. 4. That, in any laws hereafter to be made, no person, by virtue of any tenure, grant, charter, patent, degree or birth, shall be privileged from subjection thereto, or from being bound thereby, as well as others. 5. That the Representative may not give judgment upon any man’s person or estate, where no law hath before provided; save only in calling to account and punishing public officers for abusing or failing in their trust. 6. That no Representative may in any wise render up, or give, or take away, any of the foundations of common right, liberty, and safety contained in this Agreement, nor level men’s estates, destroy property, or make all things common; and that, in all matters of such fundamental concernment, there shall be a liberty to particular members of the said Representatives to enter their dissents from the major vote.

Ninthly. Concerning religion, we agree as followeth:—1. It is intended that the Christian Religion be held forth and recommended as the public profession in this nation, which we desire may, by the grace of God, be reformed to the greatest purity in doctrine, worship and discipline, according to the Word of God; the instructing the people thereunto in a public way, so it be not compulsive; as also the maintaining of able teachers for that end, and for the confutation or discovering of heresy, error, and whatsoever is contrary to sound doctrine, is allowed to be provided for by our Representatives; the maintenance of which teachers may be out of a public treasury, and, we desire, not by tithes: provided, that Popery or Prelacy be not held forth as the public way or profession in this nation. 2. That, to the public profession so held forth, none be compelled by penalties or otherwise; but only may be endeavoured to be won by sound doctrine, and the example of a good conversation. 3. That such as profess faith in God by Jesus Christ, however differing in judgment from the doctrine, worship or discipline publicly held forth, as aforesaid, shall not be restrained from, but shall be protected in, the profession of their faith and exercise of religion, according to their consciences, in any place except such as shall be set apart for the public worship; where we provide not for them, unless they have leave, so as they abuse not this liberty to the civil injury of others, or to actual disturbance of the public peace on their parts. Nevertheless, it is not intended to be hereby provided, that this liberty shall necessarily extend to Popery or Prelacy. 4. That all laws, ordinances, statutes, and clauses in any law, statute, or ordinance to the contrary of the liberty herein provided for, in the two particulars next preceding concerning religion, be, and are hereby, repealed and made void.

Tenthly. It is agreed, that whosoever shall, by force of arms, resist the orders of the next or any future Representative (except in case where such Representative shall evidently render up, or give, or take away the foundations of common right, liberty, and safety, contained in this Agreement), he shall forthwith, after his or their such resistance, lose the benefit and protection of the laws, and shall be punishable with death, as an enemy and traitor to the nation. Of the things expressed in this Agreement: the certain ending of this Parliament, as in the first Article; the equal or proportionable distribution of the number of the representers to be elected, as in the second; the certainty of the people’s meeting to elect for Representatives biennial, and their freedom in elections; with the certainty of meeting, sitting and ending of Representatives so elected, which are provided for in the third Article; as also the qualifications of persons to elect or be elected, as in the first and second particulars under the third Article; also the certainty of a number for passing a law or preparatory debates, provided for in the fourth Article; the matter of the fifth Article, concerning the Council of State, and of the sixth, concerning the calling, sitting and ending of Representatives extraordinary; also the power of Representatives to be, as in the eighth Article, and limited, as in the six reserves next following the same: likewise the second and third Particulars under the ninth Article concerning religion, and the whole matter of the tenth Article; all these we do account and declare to be fundamental to our common right, liberty, and safety: and therefore do both agree thereunto, and resolve to maintain the same, as God shall enable us. The rest of the matters in this Agreement we account to be useful and good for the public; and the particular circumstances of numbers, times, and places, expressed in the several Articles, we account not fundamental; but we find them necessary to be here determined, for the making the Agreement certain and practicable, and do hold these most convenient that are here set down; and therefore do positively agree thereunto. By the appointment of his Excellency the Lord-General and his General Council of Officers.

That the said Charles Stuart, being admitted King of England, and therein trusted with a limited power to govern by and according to the laws of the land, and not otherwise; and by his trust, oath, and office, being obliged to use the power committed to him for the good and benefit of the people, and for the preservation of their rights and liberties; yet, nevertheless, out of a wicked design to erect and uphold in himself an unlimited and tyrannical power to rule according to his will, and to overthrow the rights and liberties of the people, yea, to take away and make void the foundations thereof, and of all redress and remedy of misgovernment, which by the fundamental constitutions of this kingdom were reserved on the people’s behalf in the right and power of frequent and successive Parliaments, or national meetings in Council; he, the said Charles Stuart, for accomplishment of such his designs, and for the protecting of himself and his adherents in his and their wicked practices, to the same ends hath traitorously and maliciously levied war against the present Parliament, and the people therein represented, particularly upon or about the 30th day of June, in the year of our Lord 1642, at Beverley, in the County of York; and upon or about the 24th day of August in the same year, at the County of the Town of Nottingham, where and when he set up his standard of war; and also on or about the 23rd day of October in the same year, at Edgehill or Keynton-field, in the County of Warwick; and upon or about the 30th day of November in the same year, at Brentford, in the County of Middlesex; and upon or about the 30th day of August, in the year of our Lord 1643, at the Caversham Bridge, near Reading, in the County of Berks; and upon or about the 30th day of October in the year last mentioned, at or upon the City of Gloucester; and upon or about the 30th day of November in the year last mentioned, at Newbury, in the County of Berks; and upon or about the 31st day of July, in the year of our Lord 1644, at Cropredy Bridge, in the County of Oxon; and upon or about the 30th day of September in the last year mentioned, at Bodmin and other places near adjacent, in the County of Cornwall; and upon or about the 30th day of November in the year last mentioned, at Newbury aforesaid; and upon or about the 8th day of June, in the year of our Lord 1645, at the Town of Leicestor; and also upon the 14th day of the same month in the same year, at Naseby-field, in the County of Northampton. At which several times and places, or most of them, and at many other places in this land, at several other times within the years aforementioned, and in the year of our Lord 1646, he, the said Charles Stuart, hath caused and procured many thousands of the free people of this nation to be slain; and by divisions, parties, and insurrections within this land, by invasions from foreign parts, endeavoured and procured by him, and by many other evil ways and means, he, the said Charles Stuart, hath not only maintained and carried on the said war both by land and sea, during the years beforementioned, but also hath renewed, or caused to be renewed, the said war against the Parliament and good people of this nation in this present year 1648, in the Counties of Kent, Essex, Surrey, Sussex, Middlesex, and many other Counties and places in England and Wales, and also by sea. And particularly he, the said Charles Stuart, hath for that purpose given commission to his son the Prince, and others, whereby, besides multitudes of other persons, many such as were by the Parliament entrusted and employed for the safety of the nation (being by him or his agents corrupted to the betraying of their trust, and revolting from the Parliament), have had entertainment and commission for the continuing and renewing of war and hostility against the said Parliament and people as aforesaid. By which cruel and unnatural wars, by him, the said Charles Stuart, levied, continued, and renewed as aforesaid, much innocent blood of the free people of this nation hath been spilt, many families have been undone, the public treasure wasted and exhausted, trade obstructed and miserably decayed, vast expense and damage to the nation incurred, and many parts of this land spoiled, some of them even to desolation. And for further prosecution of his said evil designs, he, the said Charles Stuart, doth still continue his commissions to the said Prince, and other rebels and revolters, both English and foreigners, and to the Earl of Ormond, and the Irish rebels and revolters associated with him; from whom further invasions upon this land are threatened, upon the procurement, and on the behalf of the said Charles Stuart.

All which wicked designs, wars, and evil practices of him, the said Charles Stuart, have been, and are carried on for the advancement and upholding of a personal interest of will, power, and pretended prerogative to himself and his family, against the public interest, common right, liberty, justice, and peace of the people of this nation, by and from whom he was entrusted as aforesaid.

By all which it appeareth that the said Charles Stuart hath been, and is the occasioner, author, and continuer of the said unnatural, cruel and bloody wars; and therein guilty of all the treasons, murders, rapines, burnings, spoils, desolations, damages and mischiefs to this nation, acted and committed in the said wars, or occasioned thereby.

Having already made my protestations, not only against the illegality of this pretended Court, but also, that no earthly power can justly call me (who am your King) in question as a delinquent, I would not any more open my mouth upon this occasion, more than to refer myself to what I have spoken, were I in this case alone concerned: but the duty I owe to God in the preservation of the true liberty of my people will not suffer me at this time to be silent: for, how can any free-born subject of England call life or anything he possesseth his own, if power without right daily make new, and abrogate the old fundamental laws of the land which I now take to be the present case? Wherefore when I came hither, I expected that you would have endeavoured to have satisfied me concerning these grounds which hinder me to answer to your pretended impeachment. But since I see that nothing I can say will move you to it (though negatives are not so naturally proved as affirmatives) yet I will show you the reason why I am confident you cannot judge me, nor indeed the meanest man in England: for I will not (like you) without showing a reason, seek to impose a belief upon my subjects.

There is no proceeding just against any man, but what is warranted, either by God’s laws or the municipal laws of the country where he lives. Now I am most confident this day’s proceeding cannot be warranted by God’s laws; for, on the contrary, the authority of obedience unto Kings is clearly warranted, and strictly commanded in both the Old and New Testament, which, if denied, I am ready instantly to prove.

And for the question now in hand, there it is said, that ‘where the word of a King is, there is power; and who may say unto him, what dost thou?’ Eccles. viii. 4. Then for the law of this land, I am no less confident, that no learned lawyer will affirm that an impeachment can lie against the King, they all going in his name: and one of their maxims is, that the King can do no wrong. Besides, the law upon which you ground your proceedings, must either be old or new: if old, show it; if new, tell what authority, warranted by the fundamental laws of the land, hath made it, and when. But how the House of Commons can erect a Court of Judicature, which was never one itself (as is well known to all lawyers) I leave to God and the world to judge. And it were full as strange, that they should pretend to make laws without King or Lords’ House, to any that have heard speak of the laws of England.

And admitting, but not granting, that the people of England’s commission could grant your pretended power, I see nothing you can show for that; for certainly you never asked the question of the tenth man in the kingdom, and in this way you manifestly wrong even the poorest ploughman, if you demand not his free consent; nor can you pretend any colour for this your pretended commission, without the consent at least of the major part of every man in England of whatsoever quality or condition, which I am sure you never went about to seek, so far are you from having it. Thus you see that I speak not for my own right alone, as I am your King, but also for the true liberty of all my subjects, which consists not in the power of government, but in living under such laws, such a government, as may give themselves the best assurance of their lives, and property of their goods; nor in this must or do I forget the privileges of both Houses of Parliament, which this day’s proceedings do not only violate, but likewise occasion the greatest breach of their public faith that (I believe) ever was heard of, with which I am far from charging the two Houses; for all the pretended crimes laid against me bear date long before this Treaty at Newport, in which I having concluded as much as in me lay, and hopefully expecting the Houses’ agreement thereunto, I was suddenly surprised and hurried from thence as a prisoner; upon which account I am against my will brought hither, where since I am come, I cannot but to my power defend the ancient laws and liberties of this kingdom, together with my own just right. Then for anything I can see, the higher House is totally excluded; and for the House of Commons, it is too well known that the major part of them are detained or deterred from sitting; so as if I had no other, this were sufficient for me to protest against the lawfulness of your pretended Court. Besides all this, the peace of the kingdom is not the least in my thoughts; and what hope of settlement is there, so long as power reigns without rule or law, changing the whole frame of that government under which this kingdom hath flourished for many hundred years? (nor will I say what will fall out in case this lawless, unjust proceeding against me do go on) and believe it, the Commons of England will not thank you for this change; for they will remember how happy they have been of late years under the reigns of Queen Elizabeth, the King my father, and myself, until the beginning of these unhappy troubles, and will have cause to doubt, that they shall never be so happy under any new: and by this time it will be too sensibly evident, that the arms I took up were only to defend the fundamental laws of this kingdom against those who have supposed my power hath totally changed the ancient government.

Thus, having showed you briefly the reasons why I cannot submit to your pretended authority, without violating the trust which I have from God for the welfare and liberty of my people, I expect from you either clear reasons to convince my judgment, showing me that I am in an error (and then truly I will answer) or that you will withdraw your proceedings.

This I intended to speak in Westminster Hall, on Monday, January 22, but against reason was hindered to show my reasons.

Whereas the Commons of England assembled in Parliament, have by their late Act intituled an Act of the Commons of England assembled in Parliament, for erecting an High Court of Justice for the trying and judging of Charles Stuart, King of England, authorised and constituted us an High Court of Justice for the trying and judging of the said Charles Stuart for the crimes and treasons in the said Act mentioned; by virtue whereof the said Charles Stuart hath been three several times convented before this High Court, where the first day, being Saturday, the 20th of January instant, in pursuance of the said Act, a charge of high treason and other high crimes was, in the behalf of the people of England, exhibited against him, and read openly unto him, wherein he was charged, that he, the said Charles Stuart, being admitted King of England, and therein trusted with a limited power to govern by, and according to the law of the land, and not otherwise; and by his trust, oath, and office, being obliged to use the power committed to him for the good and benefit of the people, and for the preservation of their rights and liberties; yet, nevertheless, out of a wicked design to erect and uphold in himself an unlimited and tyrannical power to rule according to his will, and to overthrow the rights and liberties of the people, and to take away and make void the foundations thereof, and of all redress and remedy of misgovernment, which by the fundamental constitutions of this kingdom were reserved on the people’s behalf in the right and power of frequent and successive Parliaments, or national meetings in Council; he, the said Charles Stuart, for accomplishment of such his designs, and for the protecting of himself and his adherents in his and their wicked practices, to the same end hath traitorously and maliciously levied war against the present Parliament, and people therein represented, as with the circumstances of time and place is in the said charge more particularly set forth; and that he hath thereby caused and procured many thousands of the free people of this nation to be slain; and by divisions, parties, and insurrections within this land, by invasions from foreign parts, endeavoured and procured by him, and by many other evil ways and means, he, the said Charles Stuart, hath not only maintained and carried on the said war both by sea and land, but also hath renewed, or caused to be renewed, the said war against the Parliament and good people of this nation in this present year 1648, in several counties and places in this kingdom in the charge specified; and that he hath for that purpose given his commission to his son the Prince, and others, whereby, besides multitudes of other persons, many such as were by the Parliament entrusted and employed for the safety of this nation, being by him or his agents corrupted to the betraying of their trust, and revolting from the Parliament, have had entertainment and commission for the continuing and renewing of the war and hostility against the said Parliament and people: and that by the said cruel and unnatural war so levied, continued and renewed, much innocent blood of the free people of this nation hath been spilt, many families undone, the public treasure wasted, trade obstructed and miserably decayed, vast expense and damage to the nation incurred, and many parts of the land spoiled, some of them even to desolation; and that he still continues his commission to his said son, and other rebels and revolters, both English and foreigners, and to the Earl of Ormond, and to the Irish rebels and revolters associated with him, from whom further invasions of this land are threatened by his procurement and on his behalf; and that all the said wicked designs, wars, and evil practices of him, the said Charles Stuart, were still carried on for the advancement and upholding of the personal interest of will, power, and pretended prerogative to himself and his family, against the public interest, common right, liberty, justice, and peace of the people of this nation; and that he thereby hath been and is the occasioner, author, and continuer of the said unnatural, cruel, and bloody wars, and therein guilty of all the treasons, murders, rapines, burnings, spoils, desolations, damage, and mischief to this nation, acted and committed in the said wars, or occasioned thereby; whereupon the proceedings and judgment of this Court were prayed against him, as a tyrant, traitor, and murderer, and public enemy to the Commonwealth, as by the said charge more fully appeareth. To which charge, being read unto him as aforesaid, he, the said Charles Stuart, was required to give his answer; but he refused so to do, and upon Monday, the 22nd day of January instant, being again brought before this Court, and there required to answer directly to the said charge, he still refused so to do; whereupon his default and contumacy was entered; and the next day, being the third time brought before the Court, judgment was then prayed against him on the behalf of the people of England for his contumacy, and for the matters contained against him in the said charge, as taking the same for confessed, in regard of his refusing to answer thereto: yet notwithstanding this Court (not willing to take advantage of his contempt) did once more require him to answer to the said charge; but he again refused so to do; upon which his several defaults, this Court might justly have proceeded to judgment against him, both for his contumacy and the matters of the charge, taking the same for confessed as aforesaid.

Yet nevertheless this Court, for its own clearer information and further satisfaction, have thought fit to examine witnesses upon oath, and take notice of other evidences, touching the matters contained in the said charge, which accordingly they have done.

Now, therefore, upon serious and mature deliberation of the premises, and consideration had of the notoriety of the matters of fact charged upon him as aforesaid, this Court is in judgment and conscience satisfied that he, the said Charles Stuart, is guilty of levying war against the said Parliament and people, and maintaining and continuing the same; for which in the said charge he stands accused, and by the general course of his government, counsels, and practices, before and since this Parliament began (which have been and are notorious and public, and the effects whereof remain abundantly upon record) this Court is fully satisfied in their judgments and consciences, that he has been and is guilty of the wicked design and endeavours in the said charge set forth; and that the said war hath been levied, maintained, and continued by him as aforesaid, in prosecution, and for accomplishment of the said designs; and that he hath been and is the occasioner, author, and continuer of the said unnatural, cruel, and bloody wars, and therein guilty of high treason, and of the murders, rapines, burnings, spoils, desolations, damage, and mischief to this nation acted and committed in the said war, and occasioned thereby. For all which treasons and crimes this Court doth adjudge that he, the said Charles Stuart, as a tyrant, traitor, murderer, and public enemy to the good people of this nation, shall be put to death by the severing of his head from his body.

At the High Court of Justice for the trying and judging of Charles Stuart, King of England, Jan. 29, Anno Domini 1648.

Whereas Charles Stuart, King of England, is, and standeth convicted, attainted, and condemned of high treason, and other high crimes; and sentence upon Saturday last was pronounced against him by this Court, to be put to death by the severing of his head from his body; of which sentence, execution yet remaineth to be done; these are therefore to will and require you to see the said sentence executed in the open street before Whitehall, upon the morrow, being the thirtieth day of this instant month of January, between the hours of ten in the morning and five in the afternoon of the same day, with full effect. And for so doing this shall be your sufficient warrant. And these are to require all officers, soldiers, and others, the good people of this nation of England, to be assisting unto you in this service.

To Col. Francis Hacker, Col. Huncks, and Lieut.-Col. Phayre, and to every of them.