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shall be put to death by the severing of his head from his body.


[January 29, 1648. Rushworth, vii. 1426. See Masson’s Life of Milton,

iii. 719.) 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.

Given under our hands and seals.


&c. &c.



76. ACT APPOINTING A COUNCIL OF STATE. [February 13, 1645. Parliamentary Order Book, State Papers, Domestic

Interregnum, 87. I. See Masson’s Life of Milton, iv. 11.] An Act of this present Parliament for constituting a Council of

State for the Commonwealth of England. Be it ordained and enacted by this present Parliament that Basil Earl of Denbigh, Edmund Earl of Mulgrave, &c., &c., or any nine of them shall be a Council of State, and have hereby power, and are authorised to put in execution the following instructions.

1. You are hereby authorised and required to oppose and suppress whomsoever shall endeavour or go about to set up or maintain the pretended title of Charles Stuart, eldest son to the late King, or any other of the said late King's issue or claiming under him or them, or the pretended title or claim of any other single person whomsoever to the Crown of England or Ireland, dominion of Wales, or to any of the dominions or territories to them or either of them belonging.

2. You are hereby authorised and empowered to order and direct all the militias and forces both by sea and land of England and Ireland and the dominions to them or either of them belonging, preserving the peace or safety thereof, and for preventing, resisting, and suppressing all tumults and insurrections that shall happen to rise in them or either of them, or any invasions of them from abroad : and also upon any emergencies to raise and arm such forces as you shall judge necessary for the ends above expressed, and to give commissions under the seal of the Council to such officers as you shall judge necessary for the leading, conducting and commanding of the said forces, and for the

prosecution and pursuance of these instructions, or of any other instructions you shall receive from the Parliament.

3. You are hereby authorised and required to use all good ways and means for the reducing of Ireland, the Isles of Jersey, Guernsey, Scilly, and the Isle of Man, and all other parts and places belonging to the Commonwealth of England not yet reduced.

4. You shall take care that the stores and magazines of all military provisions both for the land service and for the sea be from time to time well and sufficiently furnished, and that the same be issued as you shall by warrant direct : and you are also from time to time to take care of the repair of the shipping belonging to the Commonwealth of England, and to build such others as you shall judge necessary for the defence and safety thereof.

5. You are to use all good ways and means for the securing, advancement, and encouragement of the trade of England and Ireland and the dominions to them belonging, and to promote the good of all foreign plantations and factories belonging to this Commonwealth or any of the natives thereof.

6. You shall advise, order, and direct concerning the entertaining, keeping, renewing, or settling of amity and a good correspondency with foreign kingdoms and states, and for preserving the rights of the people of this nation in foreign parts, and composing of their differences there : and you are hereby authorised to send ambassadors, agents, or messengers to any foreign kingdom or state, and to receive ambassadors, agents, or messengers from them for the ends aforesaid.

7. You are to advise and consult of anything concerning the good of the Commonwealth, and report your opinion concerning the cause as you find occasion to the Parliament.

8. You are hereby authorised to send for any person or persons whatsoever to advise with them in pursuance of these or any other instructions that shall be given unto you.

9. You have hereby power and are authorised in case of danger to the Commonwealth to administer an oath to any person or persons for the discovery of the truth.

10. You are hereby authorised and empowered to send for and imprison or otherwise to secure by taking bond in recognizancy any such person or persons as shall be offenders against these or any other instructions which you shall receive from the Parliament; and all such as shall contemn or be refractory to any of your commands, directions, or orders in pursuance of the said instructions.

11. You have hereby power and are authorised to charge the public revenue by warrant under the seal of the Council with such sum or sums of money from time to time as you shall find necessary for defraying all charges of foreign negotiations, intelligence, and other incidencies, and for the salary of such subordinate officers and attendants as you shall judge fit to employ, and for the effectual carrying on of the service by those instructions committed to you, or by any other instructions hereafter to be given you from the Parliament.

12. You are also to observe and put in execution such further orders as you shall receive from time to time from the Parliament.

13. The power hereby committed to the Council of State shall continue for the space of

one whole

year from the day of passing hereof, unless it be otherwise ordered by the Parliament.

14. You have also hereby power to appoint committees or any person or persons for examinations, receiving of informations, and preparing of business for your debates or resolutions.

15. You are to meet at Derby House at four of the clock this afternoon, and from time to time and from place to place as you shall see cause, and in such manner as you. shall think fit for the execution of

your instructions.



[February 22, 1649. Old Parliamentary History, xix. 38.] I, A. B., being nominated a member of the Council of State by this present Parliament, do testify, that I do adhere to this present Parliament, in the maintenance and defence of the public liberty and freedom of this nation, as it is now declared by this Parliament (by whose authority I am constituted a member of the said Council) and in the maintenance and defence of their resolutions concerning the settling of the government of this nation for the future, in way of a Republic, without King or House of Lords; and I

do promise in the sight of God that, through His grace, I will be faithful in the performance of the trust committed to me

as aforesaid, and therein faithfully pursue the instructions given to the said Council by this present Parliament; and not reveal or disclose anything, in whole or in part, directly or indirectly, that shall be debated or resolved upon in the Council, without the command or direction of the Parliament, or without the orde ance of the major part of the Council or of the major part of them that shall be present at such debates or resolutions. In confirmation of the premises I have hereto subscribed my

or allow




[March 17, 1649. Scobell, ii. 7.] Whereas Charles Stuart, late King of England, Ireland, and the territories and dominions thereunto belonging, hath by authority derived from Parliament been and is hereby declared to be justly condemned, adjudged to die, and put to death, for many treasons, murders, and other heinous offences committed by him, by which judgment he stood, and is hereby declared to be attainted of high treason, whereby his issue and posterity, and all others pretending title under him, are become incapable of the said Crowns, or of being King or Queen of the said kingdom or dominions, or either or any of them ; be it therefore enacted and ordained, and it is enacted, ordained, and declared by this present Parliament, and by authority thereof, that all the people of England and Ireland, and the dominions and territories thereunto belonging, of what degree or condition soever, are discharged of all fealty, homage, and allegiance which is or shall be pretended to be due unto any of the issue and posterity of the said late King, 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 him 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 said Crown of England and Ireland, and other the dominions thereunto belonging, or any of them ; or to have the name, title, style, or dignity of King or Queen of England and Ireland, Prince of Wales, or any of them; or to have and enjoy the

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