Note: Footnotes have been converted to section endnotes and renumbered.

THE
CONSTITUTIONAL DOCUMENTS
OF THE
PURITAN REVOLUTION
1625-1660

SELECTED AND EDITED
BY
SAMUEL RAWSON GARDINER, M.A., D.C.L.
THIRD EDITION. REVISED
1906

OXFORD AT THE CLARENDON PRESS
Oxford University Press, Walton Street, Oxford OX2 6DP

PREFACE TO THE SECOND EDITION

The documents in this volume are intended to serve either as a basis for the study of the Constitutional History of an important period, or as a companion to the Political History of the time. By far the greater number of them are printed in books which, though commonly to be found in large libraries, are, on account of their size and expense, not readily accessible to students in general. The MS. of the Constitutional Bill of the first Protectorate Parliament, in the handwriting of John Browne, Clerk of the Parliaments, is preserved at Stanford Hall in the possession of Lord Braye, with whose kind permission the copy used in this volume has been taken. It is possible that a great part of the document might have been recovered from the entries of clauses and amendments in the Journals of the House of Commons, but, as far as I know, this is the only complete copy in existence.

The documents in Part I of the present edition have been added at the suggestion of Professor Prothero, who very generously placed at my disposal the copies he had made with the intention of adding them to his own Statutes and other Constitutional Documents illustrative of the reigns of Elizabeth and James I (Clarendon Press, 1894). Though the Navigation Act of the Commonwealth has no claim to a place amongst Constitutional Documents, it is of sufficient importance to be printed in the Appendix.

S. E. G.

CONTENTS

PAGE

 Introduction, by Samuel Rawson Gardiner

PART I.

From the accession of Charles I to the meeting of the third Parliament of his reign.

 1. Speech of Sir Nathaniel Rich, proposing terms on which the House of Commons may be prepared to grant Supply. .... 1

 2. Protestation of the Commons. ....... 2

 3. Documents relating to the Impeachment of the Duke of Buckingham. ......... 3

 4. The Restraint of the Earls of Arundel and Bristol. ..... 44

 5. The King's Letter and Instructions for the collection of a Free Gift. .......... 46

 6. Commission for raising Tonnage and Poundage with Impositions. .......... 49

 7. The Commission and Instructions for raising the Forced Loan in Middlesex. ........ 51

 8. The case of the Five Knights, before the Court of King's Bench. .... 57

PART II.

From the meeting of the third Parliament of Charles I to the meeting of the Long Parliament.

 9. Notes of a Bill brought in by Sir Edward Coke to secure the liberties of the subject. ....... 65

 10. The Petition of Right. ........ 66

 11. The Remonstrance against Tonnage and Poundage. .... 70

 12. The King's Speech at the Prorogation of Parliament at the end of the Session of 1628. ..... 73

 13. The King's Declaration prefixed to the Articles of Religion. .... 75

 14. Resolutions on Religion drawn by a Sub-Committee of the House of Commons. ........ 77

 15. Protestation of the House of Commons. ..... 82

 16. The King's Declaration showing the causes of the late Dissolution. .......... 83

 17. The Declaration of Sports. ....... 99

 18. Act of the Privy Council on the position of the Communion Table at St. Gregory's. ........ 103

 19. Specimen of the first Writ of Ship-money. .... 105

 20. The King's Case laid before the Judges, with their Answer. .... 108

 21. Extracts from the Speech of Oliver St. John in the Ship-money Case. .......... 109

 22. Extracts from the Argument of Sir Robert Berkeley, Justice of the King's Bench. ....... 115

 23. The Scottish National Covenant. ...... 124

 24. Petition of Twelve Peers for the summoning of a new Parliament. ........... 134

 25. The King's Writ summoning the Great Council. ... 136

PART III.

From the meeting of the Long Parliament to the outbreak of the Civil War.

 26. The Root and Branch Petition. ...... 137

 27. The Triennial Act. ......... 144

 28. The Protestation. ......... 155

 29. Act for the Attainder of the Earl of Strafford. .... 156

 30. Act against Dissolving the Long Parliament without its own consent. .......... 158

 31. The Tonnage and Poundage Act. ...... 159

 32. The Ten Propositions. ........ 163

 33. Bill on Church Reform read twice in the House of Lords. .... 167

 34. Act for the Abolition of the Court of Star Chamber. ....179

 35. Act for the Abolition of the Court of High Commission. .... 186

 36. Act declaring the illegality of Ship-money. ....189

 37. Act for the limitation of Forests. ...... 193

 38. Act prohibiting the exaction of Knighthood Fines. .... 196

 39. Resolutions of the House of Commons on Ecclesiastical Innovations. .......... 197

 40. Order of the House of Lords on the Services of the Church. .... 199

 41. Extract from the Instructions to the Committee in Scotland, proposed by the House of Commons. ..... 199

 42. The King's Speech to the Recorder of the City of London. .... 201

 43. The Grand Remonstrance, with the Petition accompanying it. .... 202

 44. The King's Proclamation on Religion. ..... 232

 45. The King's Answer to the Petition accompanying the Grand Remonstrance. ......... 233

 46. The Impeachment of one member of the House of Lords, and of five members of the House of Commons. .... 236

 47. A Declaration of the House of Commons touching a late breach of their Privileges. ....... 237

 48. The Clerical Disabilities Act. ....... 241

 49. The Impressment Act. ........ 242

 50. The Militia Ordinance. ........ 245

 51. The Declaration of the Houses on Church Reform. .... 247

 52. The King's Proclamation condemning the Militia Ordinance. .... 248

 53. The Nineteen Propositions sent by the two Houses of Parliament to the King at York. ....... 249

 54. Declaration of the Houses in Defence of the Militia Ordinance. .... 254

 55. The King's Letter sent with the Commissions of Array to Leicestershire. ......... 258

 56. The Votes of the Houses for raising an Army. .... 261

PART IV.

From the outbreak of the Civil War to the execution of the King.

 57. The Propositions presented to the King at the Treaty of Oxford. ........... 262

 58. The Solemn League and Covenant.. ...... 267

 59. The Ordinance appointing the First Committee of both Kingdoms. .......... 271

 60. The Ordinance appointing the Second Committee of both Kingdoms. .......... 273

 61. The Propositions of the Houses presented to the King at Oxford, and subsequently discussed at the Treaty of Uxbridge. .......... 275

 62. The King's Propositions to bo discussed at Uxbridge. .... 286

 63. The Self-denying Ordinance. ....... 287

 64. The Negative Oath. ......... 289

 65. Order of the two Houses for taking away the Court of Wards. .... 290

 66. The Propositions of the Houses sent to the King at Newcastle. .... 290

 67. The King's first answer to the Propositions presented at Newcastle. ........... 306

 68. The King's second answer to the Propositions presented at Newcastle. .......... 308

 69. Suggested answer to the Propositions drawn up for the King by the leading Presbyterians and a small number of the Independents, and forwarded by the French Ambassador to Cardinal Mazarin to be laid before Queen Henrietta Maria. .... 309

 70. The King's third answer to the Propositions presented at Newcastle. .......... 311

 71. The Heads of the Proposals offered by the Army. .... 316

 72. The King's answer to the Propositions of Parliament. .... 336

 73. Letter of Charles I to the Speaker of the House of Lords. ... 338

 74. The Agreement of the People, as presented to the Council of the Army. .......... 333

 75. The Four Bills, with the Propositions accompanying them. .... 335

 76. The Engagement between the King and the Scots. .... 347

 77. Additional Articles of the Engagement. ..... 353

 78. The King's reply to the Four Bills and the accompanying Propositions. .......... 353

 79. The Vote of No Addresses. ..... 356

 80. The Act erecting a High Court of Justice for the King's Trial. .... 357

 81. The Agreement of the People. ...... 359

 82. The Charge against the King. ....... 371

 83. The King's reasons for declining the jurisdiction of the High Court of Justice. ......... 374

 84. The Sentence of the High Court of Justice upon the King. .... 377

 85. The Death Warrant of Charles I. ...... 380

PART V.

The Commonwealth and Protectorate.

 86. Act appointing a Council of State. ...... 381

 87. Engagement taken by the members of the Council of State. .... 384

 88. Act abolishing the office of King. ...... 384

 89. Act abolishing the House of Lords. ...... 387

 90. Act declaring England to be a Commonwealth. ... 388

 91. Act declaring what offences shall be adjudged Treason. .... 388

 92. Engagement to be taken by all men of the age of eighteen. .... 391

 93. Act repealing several clauses in Statutes imposing penalties for not coming to church. ....... 391

 94. Act for the Settlement of Ireland. ...... 394

 95. Declaration by the Lord General and the Council on the dissolution of the Long Parliament. ..... 400

 96. Summons to a Member of the so-called Barebones Parliament. .... 405

 97. The Instrument of Government. ...... 405

 98. An Ordinance by the Protector for the Union of England and Scotland. ......... 418

 99. An Ordinance by the Protector for Elections in Scotland. .... 422

 100. An Ordinance by the Protector for Elections in Ireland. .... 425

 101. The Constitutional Bill of the First Parliament of the Protectorate. .........427

 102. The Humble Petition and Advice. ...... 447

 103. The Additional Petition and Advice. ..... 459

 104. Writ summoning Richard Cromwell to the House of Lords of the Protectorate. ........ 464

 105. The Declaration of Breda. ....... 465

APPENDIX.

 The Navigation Act. ......... 468

 INDEX ............ 472