E THE STATUTES at Large, &c. Anno Regni CAROLI II. Regis Angliæ, tertio. Lev. 296. At the parliament begun and holden at Weft-keb. 686. minfter the eighth day of May, Anno Dom. one thousand fix hundred and fixty-one, in the thirteenth year of the reign of our most gracious fovereign lord Charles the Second, by the grace of God, of England, Scotland, France and Ireland, King, defender of the faith, &c. And there continued until Tuesday the thirtieth of July one thousand fix hundred fixty-one : and from that day the faid parliament was adjourned unto the twentieth of November then next following: to the high pleasure of Almighty God, and to the weal publick of this realm, were enacted as followeth. CA P. I. An act for fafety and prefervation of his Majesty's perfon and government against treasonable and feditious practices and attempts. ments of this TH HE lords and commons affembled in parliament deeply weigh- The grounds ing and confidering the miferies and calamities of well nigh and inducetwenty years, before your Majefly's happy return, and withal, re- act. flecting upon the causes and occafions of fo great and deplorable con fufions, do in all humility and thankfulness acknowledge your Majefly's incomparable grace and goodness to your people, in your free and general pardon, indempnity and oblivion, by which your Majefty hath been pleafed to deliver your fubjects, not only from the punishment, but alfo from the reproach of their former miscarriages, which unexampled piety and clemency of your Majesty hath enflamed the hearts of us your fubjects with an ardent defire to express all poffible zeal and duty in the care and prefervation of your Majesty's perfon Vol. VIII, B (in Seditious fermons, What shall (in whofe honor and happiness confifts the good and welfare of your people) and in preventing (as much as may be) all treasonable and feditious practices and attempts for the time to come: (2) and be caufe the growth and increafe of the late troubles and disorders, did pamphlets and in a very great measure proceed from a multitude of feditious fermons (peeches. pamphlets and Speeches, daily preached, printed and published, with a tranfcendant boldness, defaming the perfon and government of your Majefty and your royal father, wherein men were too much encouraged, and (above all) from a wilful mistake of the fupream and lawful authority, whilst men were forward to cry up and maintain those orders and ordinances, oaths and covenants, to be acts legal and warrantable, which in themselves had not the least colour of law or justice to fupport them; from which kind of distempers, as the prefent age is not wholly freed, fo pofterity may be apt to relapse into them, if a timely remedy be not provided: (3) we therefore the lords and commons in parliament affembled, having duly confidered the premises, and remembring that in the thirteenth year of the reign of Queen 13 Eliz. c. 1. Elizabeth of ever bleffed memory, a right good and profitable law was made for prefervation of her Majesty's perfon, do most humbly beseech your most excellent Majefty, that it may be enacted, (4) and be adjudged be it enacted by the King's most excellent majefty, by and with treafon during the life of the the advice and confent of the lords and commons in this present King. parliament affembled, and by authority of the fame, That if any perfon or perfons whatsoever, after the four and twentieth day of June, in the year of our Lord, one thousand fix hundred fixty and one, during the natural life of our most gracious fovereign lord the King, (whom Almighty God preferve and blefs with a long and profperous reign) fhall within the realm, or without, compass, imagine, invent, devife, or intend death or deftruction, or any bodily harm tending to death or deftruction, maim or wounding, imprisonment or reftraint of the perfon of the fame our fovereign lord the King, • (5) or to deprive or depofe him from the ftile, honor, or kingly name of the imperial crown of this realm, or of any other of his Majesty's dominions or countries, (6) or to levy war against his Majefty within this realm, or without, (7) or to move, or ftir any foreigner or ftrangers with force to invade this realm, or any other his Majefty's dominions or countries, being under his Majesty's obeifance (8) and fuch compaffings, imaginaBeingdeclared tions, inventions, devices or intentions, or any of them, shall and proved by exprefs, utter or declare, by any printing, writing, preaching, two witneffes. or malicious and advifed fpeaking, being legally convicted thereof upon the oaths of two lawful and credible witneffcs, Convicted by upon trial, or otherwife convicted or attainted by due courfe of due courfe of law, then every fuch perfon and perfons fo as aforefaid, offending, fhall be deemed, declared and adjudged to be traitors and fhall fuffer pains of death, and alfo lofe and forfeit as in cases of high treafon. law. Offences (during his Ma. jefty's life) which difable II. And be it further enacted by the authority aforefaid, That if any perfon or perfons at any time after the four and twentieth day of June, in the year of our Lord, one thousand fix hundred fixty and one, during his Majefty's life, fhall ma- perfons to liciously and advifedly publish or affirm the King to be an he-bear any retick or a papift, or that he endeavours to introduce popery, (2) office. or thall maliciously and advisedly, by writing, printing, preaching, or other speaking, exprefs, publifh, utter or declare any words, fentences, or other thing or things to incite or ftir up the people to hatred or dislike of the perfon of his Majesty, or the established government, (3) then every fuch person and perfons, being thereof legally convicted, fhall be difabled to have or enjoy, and is hereby difabled and made incapable of having, holding, enjoying, or exercifing any place, office, or promotion ecclefiaftical, civil or military, or any other imployment in church or state, other than that of his peerage, and fhall Peerage. likewise be liable to fuch further and other punishments as by the common laws or ftatutes of this realm may be inflicted in fuch cafes (4) and to the end that no man hereafter may be 16 Car. 1. c. 7. mifled into any feditious or unquiet demeanor, out of an The parlia opinion that the parliament begun and held at Westminster ment begun upon the third day of November, in the year of our Lord, one 1640. not in thousand fix hundred and forty, is yet in being, which is un- being. doubtedly diffolved and determined, and fo is hereby declared 12Car. 2. c.11. and adjudged to be fully diffolved and determined; (5) or out of an opinion that there lies any obligation upon him from any oath, covenant or engagement whatfoever, to endeavour a change of government, either in church or ftate; (6) or out No legislative of an opinion that both houfes of parliament, or either of power in either them have a legislative power without the King, (7) all which or both houfes affertions have been feditiously maintained in fome pamphlets without the of parliament lately printed, and are daily promoted by the active enemies of our peace and happiness. I. 3. of Nov. King. III. Be it therefore further enacted by the authority aforesaid, That if any perfon or perfons at any time after the four and twentieth day of June, in the year of our Lord, one thoufand fix hundred fixty and one, fhall malicioufly and advisedly, by writing, printing, preaching, or other speaking, express, publish, utter, declare or affirm, That the parliament begun at Westminster upon the third day of November, in the year of our Lord, one thousand fix hundred and forty, is not yet diffolved, or is not determined, or that it ought to be in being, or hath yet any continuance or existence, (2) or that there lies any obligation upon him, or any other perfon, from any oath, covenant or engagement whatfoever, to endeavour a change of government, either in church or ftate, (3) or that both houses of parliament or either houfe of parliament, have, or hath a legislative power without the King, or any other words to the fame effect; (4) that then every fuch perfon and perfons fo as aforefaid offending, fhall incur the danger and penalty of a premunire men- Premunire. tioned in a statute made in the fixteenth year of the reign of King Richard the Second: (5) and it is hereby alfo declared, That the oath ufually called the Solemn League and Covenant, was in itself an unlawful oath, and impofed upon the subjects of this The folemn realm league and B 2 or either covenant un realm against the fundamental laws and liberties of this kinglawful and il- dom, (6) and that all orders and ordinances, or pretended orlegally imders and ordinances, of both or either houses of parliament, for posed. Certain or- impofing of oaths, covenants or engagements, levying of taxes, ders and ordi- or raifing of forces and arms, to which the royal affent, either nances of both in perfon or by commiffion, was not exprefly had or given, were in the first creation and making, and still are, and so fhall be taken to be null and void to all intents and purposes whatfoever. (7) Provided nevertheless, That all and every person and perfons, bodies politick and corporate, who have been, or fhall at any time hereafter be questioned for any thing acted or done by color of any the orders or ordinances herein before. mentioned and declared to be null and void, and are indempnified by an act intituled, An act of free and general pardon, indempnity and oblivion, made in the twelfth year of his Majefty's reign that now is, or fhall be indempnified by any act of parliament, fhall and may make fuch ufe of the faid orders and ordinances for their indempnity according to the true intent and meaning of the faid act, and no other, as he or they might have done if this act had not been made; any thing in this act contained to the contrary notwithstanding. houses of par- IV. Provided always, That no perfon be profecuted for any No perfon to be profecuted of the offences in this act mentioned (other than fuch as are for any offen- made and declared to be high treafon) unless it be by order of ces in this act the King's majefty, his heirs or fucceffors, under his or their (other than fign manual, or by order of the council table of his Majesty, his treafon) unlefs by fpecial heirs and fucceffors, directed unto the attorney general for the order from his time being, or fome other of the council learned to his Majesty, Majefty: his heirs and fucceffors, for the time being; nor fhall any perAnd within fon or perfons by virtue of this prefent act incur any the penalter the offence ties herein before mentioned, unless he or they be prosecuted within fix months next after the offence committed, and indicted thereupon within three months after fuch prosecution; any thing herein contained to the contrary not withitanding. fix months af committed. Treafons and V. Provided always, and be it enacted, That no perfon or offences within perfons fhall be indicted, arraigned, condemned, convicted or this act to be attainted for any of the treasons or offences aforefaid, unless the proved by two fame offender or offenders be thereof accused by the testimony witneffes viva and depofition of two lawful and credible witneffes upon oath, voce. Provifo for the privilege of debates in parliament, for repeal or alteration of laws, or re (5) which witneffes at the time of the faid offender or offenders arraignment, fhall be brought in perfon before him or them face to face, and fhall openly avow and maintain upon oath, what they have to fay against him or them concerning the treason or offences contained in the faid indictment, unless the party or parties arraigned fhall willingly without violence confefs the fame. VI. Provided likewife, and be it enacted, That this act, or any thing therein contained, shall not extend to deprive either of the houfes of parliament, or any of their members, of their juft ancient freedom and privilege of debating any matters of business which shall be propounded and debated in either of the faid houses, or at any conferences or committees of both or either of |