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House of Parliament ought to do and perform, and shall and may have and exercise all such privileges, powers and authorities as the other House of Parliament ought, by the aforesaid humble Petition and Advice to have and exercise ; the said humble Petition and Advice, or anything therein contained to the contrary thereof notwithstanding.
Which Petition being presented the 26th day of June, 1657, his Highness' answer thereunto was read by the Clerk of the Parliament in these words,
The Lord Protector doth consent.
93. THE WRIT SUMMONING RICHARD CROMWELL TO THE
HOUSE OF LORDS OF THE PROTECTORATE.
[December 10, 1657. Old Parliamentary History, xxi. 166.]
Oliver, Lord Protector of the Commonwealth of England, Scotland and Ireland, and the dominions and territories thereunto belonging: to our trusty and beloved son, Lord Richard Cromwell, greeting.
Whereas, by the advice and assent of our Council, for certain great and weighty affairs concerning us and the state and defence of the said Commonwealth, we ordained our present Parliament to be held at our city of Westminster, the 17th day of September, in the year of our Lord 1656, and there to consult and advise with the knights, citizens and burgesses of our said Commonwealth; which Parliament was then and there held, and continued until the 26th day of June last past, and then adjourned until the 20th day of January now next coming; therefore we command and firmly enjoin you, that, considering the difficulty of the said affairs and imminent dangers, all excuses being set aside, you be personally present at Westminster aforesaid, the said 20th day of January next coming, there to treat, confer, and give your advice with us, and with the great men and nobles in and concerning the affairs aforesaid ; and this, as you love our honour and safety, and the defence of the Commonwealth aforesaid, you shall in no wise omit.
Witness ourself at Westminster, the roth day of
94. THE DECLARATION OF BREDA. [April 4, 1660. Old Parliamentary History, xxii. 238. See Masson's
Life of Milton, v. 697.] Charles R. 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 deliberation, shall be offered to us, for the full granting that indulgence.
And because, in the continued distractions of so many years, and so many and great revolutions, many grants and purchases of estates have been made to and by many officers, soldiers and others, who are now possessed of the same, and who may be liable to actions at law upon several titles, we are likewise willing that all such differences, and all things relating to such grants, sales and purchases, shall be determined in Parliament, which can best provide for the just satisfaction of all men who are concerned.
And we do further declare, that we will be ready to consent to any Act or Acts of Parliament to the purposes aforesaid, and for the full satisfaction of all arrears due to the officers soldiers of the army under the command of General Monk; and that they shall be received into our service upon as good pay and conditions as they now enjoy. Given under our Sign Manual and Privy Signet, at
our Court at Breda, this day of April, 1660, in the twelfth year of our reign.
THE CONSTITUTIONAL BILL OF THE FIRST PARLIAMENT
OF THE PROTECTORATE.
[From a MS. in the possession of Lord Braye.]
An Act declaring and settling the government of the Common- 11 Nov.,
wealth of England, Scotland, and Ireland, and the domin- 1654
ions thereto belonging. Be it enacted and declared by His Highness the Lord CAP. I. Protector and the Parliament of the Commonwealth of England, Scotland, and Ireland, and the dominions thereto belonging; and it is hereby enacted and declared by the authority aforesaid, that the supreme legislative authority of the Commonwealth of England, Scotland, and Ireland, and the dominions thereto belonging, is and shall reside in one person and the people assembled in Parliament in manner following, that is to say, All Bills agreed unto by the Parliament shall be presented to the said single person for his consent, and, in case he shall not give his consent thereunto within twenty days after they shall be presented unto him, or give satisfaction to the Parliament within the time limited, that then such Bills shall pass into and become law, although he shall not consent thereunto; provided such Bills contain nothing in them contrary to such matters wherein the single person is hereby declared to have a negative.
That if any Bill be tendered at any time hereafter to 14 Nov., alter the foundation and constitution of the government of 1654. this Commonwealth from a single person and a Parliament
CAP. 2. as aforesaid, that to such Bills the single person is hereby declared shall have a negative.
That the style of such single person is and shall be Lord 16 Nov., Protector of the Commonwealth of England, Scotland, and 1654. Ireland, and the dominions thereunto belonging.
1 MS. authoritive.
That the office of the Lord Protector over these nations 1654. shall be elective and not hereditary. CAP. 4.
That the manner of electing the Protector, in the vacancy 30 Nov., of a Protector (sitting the Parliament), shall be such as the 1654.
Parliament shall think fit.
That the Protector dying in the intervals of Parliament, the Council, hereby to be constituted, shall immediately assemble in some convenient place, and having given notice to all their number, or to as many of them as conveniently they may, of the cause and time of their assembling, shall (being thirteen at least present) proceed to the election, and eleven of these or more shall agree who shall be the succeeding Protector, and before they depart shall declare such person so agreed upon to succeed in the government: the manner of election in all other things to be as the
Council shall think fit. Cap. 6. That the person so to be elected Protector shall be such
and no other than as, by his good conversation amongst the people of these nations, shall manifest himself to be a man of ability, truth, and courage, fearing God and hating covetousness : provided that he shall not be under the age of five-and-twenty years, no alien, nor Papist, nor any of the children of the late King Charles, nor such as shall have or may pretend to have title of inheritance unto the supreme government of these nations of England, Scotland, and Ireland; or any of them, or any other title than by
election as aforesaid. 15 Dec., That the present Lord Protector shall take and subscribe
a solemn oath for the due calling of Parliaments, and the good government of these nations, and every future Lord Protector, immediately after his election, and before he enter upon the government, shall take and subscribe the same solemn oath for the due calling of Parliament, and the good government of these nations; that such oath shall be taken in Parliament, if the Parliament be then sitting, and in the intervals of Parliament in such public place and
manner as the Council shall appoint. CAP. 8. That this shall be the oath to be ministered to the Lord
Protector, viz. : 'I do, in the presence and by the name of God Almighty, promise and swear that to the uttermost of my power, I will uphold and maintain the true reformed Protestant Christian religion in the purity thereof, as it is contained in the Holy Scriptures of the Old and New Testament, and encourage the profession and professors