those late unhappy wars and differences, the people of Scotland should be united with the people of England into one Commonwealth and under one Government, and finding that in December, 1651, the Parliament then sitting did send Commissioners into Scotland to invite the people of that nation unto such a happy Union, who proceeded so far therein that the shires and boroughs of Scotland, by their Deputies convened at Dalkeith, and again at Edinburgh, did accept of the said Union, and assent thereunto; for the completing and perfecting of which Union, be it ordained, and it is ordained, by his Highness the Lord Protector of the Commonwealth of England, Scotland and Ireland, and the dominions thereto belonging, by and with the advice and consent of his Council, that all the people of Scotland, and of the isles of Orkney and Shetland, and of all the dominions and territories belonging unto Scotland, are and shall be, and are hereby, incorporated into, constituted, established, declared and confirmed one Commonwealth with England; and in every Parliament to be held successively for the said Commonwealth, thirty persons shall be called from and serve for Scotland.

And for the more effectual preservation of this Union, and the freedom and safety of the people of this Commonwealth so united, be it ordained, and it is ordained by the authority aforesaid, that all the people of Scotland and of the isles of Orkney and Shetland, and of all the dominions and territories belonging unto Scotland, of what degree or condition soever, be discharged of all fealty, homage, service and allegiance, which is or shall be pretended due unto any of the issue and posterity of Charles Stuart, late King of England and Scotland, or any claiming under him; and that Charles Stuart, eldest son, and James, called Duke of York, second son, and all other the issue and posterity of the said late King, and all and every person and persons pretending title from, by or under him, are and be disabled to hold or enjoy the Crown of Scotland and other the dominions thereunto belonging, or any of them; or to have the name, title, style or dignity of King or Queen of Scotland; or to have and enjoy the power and dominion of the said kingdom and dominions, or any of them, or the honours, manors, lands, tenements, possessions and hereditaments belonging or appertaining to the said Crown of Scotland, or other the dominions aforesaid, or to any of them, any law, statute, usage, ordinance or custom in Scotland to the contrary hereof in any wise notwithstanding.

And it is further ordained by the authority aforesaid, that the said office, style, dignity, power and authority of King of Scotland,

and all right of the three Estates of Scotland to convocate or assemble in any general Convocation or Parliament, and all conventional and parliamentary authority in Scotland, as formerly established, and all laws, usages and customs, ordaining, constituting or confirming the same, shall be and are hereby and from henceforth abolished and utterly taken away and made null and void.

And that this Union may take its more full effect and intent, be it further ordained by the authority aforesaid, that the Arms of Scotland, viz. a cross, commonly called St. Andrew's Cross, be received into and borne from henceforth in the Arms of this Commonwealth, as a badge of this Union; and that all the public seals, seals of office, and seals of bodies civil or corporate, in Scotland, which heretofore carried the Arms of the Kings of Scotland, shall from henceforth instead thereof carry the Arms of this Commonwealth.

And be it further ordained by the authority aforesaid, that all customs, excise and other imposts for goods transported from England to Scotland, and from Scotland to England, by sea or land, are and shall be so far taken off and discharged, as that all goods for the future shall pass as free, and with like privileges and with the like charges and burdens from England to Scotland, and from Scotland to England, as goods passing from port to port, or place to place in England; and that all goods shall and may pass between Scotland and any other part of this Commonwealth or dominions thereof, with the like privileges, freedom, charges and burdens as such goods do or shall pass between England and the said parts and dominions thereof, any law, statute, usage or custom to the contrary thereof in any wise notwithstanding, and that all goods prohibited by any law now in force in England to be transported out of England to any foreign parts, or imported, shall be and hereby are prohibited to be transported or imported by the same law, and upon the same penalties, out of Scotland to any foreign parts aforesaid, or from any foreign parts into Scotland.

And be it further ordained by the authority aforesaid, that all cesses, public impositions and taxations whatsoever, be imposed, taxed and levied from henceforth proportionably from the whole people of this Commonwealth so united.

And further, to the end that all dominion of tenures and superiorities importing servitude and vassalage may likewise be abolished in Scotland, be it further declared and ordained by the authority aforesaid, that all heritors, proprietors and possessors of lands in Scotland, or the dominions thereunto belonging, and their heirs, shall from and after the 12th day of April, in the year

of our Lord 1654, hold their respective lands of the respective lord and lords by deed, charter, patent or enfeoffment, to be renewed upon the death of every heritor, proprietor or possessor (as now they do) to his heir or heirs, by and under such yearly rents, boons and annual services as are mentioned or due by any deeds, patents, charters or enfeoffments now in being, of the respective lands therein expressed, or by virtue thereof enjoyed without rendering, doing or performing any other duty, service, vassalage or demand whatsoever, by reason or occasion of the said lands, or any the clauses or covenants in the said deeds, charters, patents or enfeoffments contained, saving what is hereafter, herein and hereby particularly expressed and declared; that is to say, heriots, where the same are due, fines (certain where the same is already certain, and where the fine is uncertain, reasonable fines) upon the death of the lord, and upon the death or alienation of the tenant, or any of them, where the same have usually been paid, which said fine (not being already certain) shall not at any time exceed one year's value of the lands, and also doing suit and service to such Court and Courts Baron, as shall be constituted in Scotland, in such manner as is ordained by one other Ordinance, entitled, an Ordinance for erecting Courts Baron in Scotland.

And be it ordained by the authority aforesaid, that all and every the heritors, proprietors and possessors aforesaid, and their heirs, are and shall be from henceforth for ever discharged of all fealty, homage, vassalage and servitude, which is or shall be pretended due from them, or any of them, unto any their lords or superiors whatsoever, claiming dominion or jurisdiction over them, by virtue of the said patents, charters, deeds or enfeoffments, and other rights thereof, or of any clauses or conditions therein contained, other than is before declared and ordained. And that all the said superiorities, lordships and jurisdictions (other than as aforesaid) shall be, and are hereby abolished, taken off and discharged; and that all and every the said deeds, patents, charters and enfeoffments in that behalf be, and are hereby declared, and made so far void and null; and particularly, that all and every the heritors, and others the persons aforesaid, and their heirs, are and shall be for ever hereafter freed and discharged of, and from, all suits, and appearing at or in any their lords, or superiors courts of justiciary, regality, stewartry, barony, bailiary, heritable sheriffship, heritable admiralty, all which, together with all other offices heritable, or for life, are hereby abolished and taken away; and that all and every the heritors and persons aforesaid, and their heirs, are and shall be for ever hereafter freed and discharged of and from all

military service, and personal attendance upon any their lords or superiors in expeditions or travels, and of all casualties of wards' lands formerly held of the King, or other superiors, and of the marriage, single and double avail thereof, non-entries, compositions for entries, and of all rights and casualties payable, if they be demanded, only or upon the committing of any clauses irritant. And that the said heritors and persons aforesaid be now, and from henceforth, construed, reputed, adjudged and declared free and acquitted thereof, and of and from all and all manner of holding suits, duties, services, personal or real, and demands whatsoever (other than is before declared and ordained), notwithstanding the present tenor of any their deeds, patents, enfeoffments, or any clauses, articles or covenants therein contained or mentioned to the contrary in any wise; and that in time to come all and every clause, covenant, article, condition, or thing to the contrary hereof, shall be omitted out of all such deeds, patents, charters and enfeoffments.

And be it further ordained, that all forfeitures, escheats, simple or of life, rent bastardy, and last heir, which heretofore escheated, forfeited and fell to the King, lords of regality, or other superiors, shall from henceforth fall, escheat, and forfeit to the Lord Protector of the Commonwealth for the time being.

Passed 12th April, 1654. Confirmed Anno 1656, Cap. 10.

221. The Declaration of Breda

(1660, April 4. Cobbett's Parliamentary History, iv. 16. Gardiner, 465-467. G. and H. 585-588.)

HARLES R.

CHA

Charles, by the grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c. To all our loving 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 have thought it our duty to declare how much we desire to contribute thereunto; and that as we can never give over the hope, in good time, to obtain the possession of that right which God 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 what 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 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 themselves, 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 uncharitableness of the times have produced several opinions in religion, by which men are engaged in parties and animosities against each other (which, when they shall hereafter unite in a freedom of conversation, will be composed or better understood), we do declare a liberty to tender 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