Chapter 26: The Acts Rescissory First Parliament Of Charles II
Chapter 26: The Acts Rescissory First Parliament Of Charles II
JANUARY 7, 1661.—”Act fomenting tin: League and Covenant and discharging the renewing thereof without his Majesties Warrant and approbation.”
FORASMUCH as the power of Armies, and entering into, and making of Leagues and Bonds, is an undoubted privilege of the Crown, and a proper part of the Royal Prerogative of the Kings of this Kingdom, and that in recognizance of His Majesties just Right, the Estates of Parliament of this His most ancient Kingdom of Scotland, have declared it high Treason to the Subjects thereof, of whatsoever number, lesse or more, upon any pretext whatsoever, to rise, or continue in Arms, or to enter into Leagues and Bonds, with Foreigners, or among themselves, without His Majesties special Warrand and Approbation, had and obtained thereto, and have Rescinded and Annulled all Acts of Parliament, Conventions of Estates, or other Deeds whatsoever, contrary to, or inconsistent with the same; And whereas during these troubles, there have occurred divers things, in the making and pursuance of Leagues and bonds, which may be occasion of jealousy in and betwixt his Majesties Dominions of Scotland, England, and Ireland. Therefore and for preventing of all scruples, mistakes or jealousies that may hereafter arise upon these grounds, The King's Majesty with advice and consent of His Estates of Parliament, doth hereby Declare, that there is no Obligation upon this Kingdom by Covenant, Treaties or otherwise, to endeavor by Armies a Reformation of Religion in the Kingdom of England, or to meddle with the public Government and Administration of that Kingdom. And the King's Majesty with advice and consent foresaid, doth declare, That the League and Covenant, and all Treaties following thereupon, and Acts or Deeds that do, or may relate thereto, are not obligatory, nor do infer any obligation upon this Kingdom, or the Subjects thereof, to meddle or interpose by Armies, or any seditious way, in any thing concerning the Religion and Government of the Churches of England and Ireland, or in what may concern the Administration of His Majesties Government there. And further, His Majesty, with advice and consent of his Estates, doth hereby Discharge and Inhibit all His Majesties Subjects within this Kingdom, that none of them may presume upon any pretext of any Authority whatsoever, to require the renewing or swearing of the said League and Covenant, or of any other Covenants, or public Oaths concerning the Government of the Church or Kingdom, without His Majesties special Warrand and Approbation; And that none of His Majesties Subjects offer to renew and swear the same, without His Majesties Warrand, as said is, as they will be answerable at their highest peril.
SAME PARLIAMENT. “Act Rescinding and Annulling the pretended parliaments in the years 1640, etc.”
“The Instates of Parliament, considering that the Peace and Happiness of this Kingdom, and of His Majesties good subjects therein, doth depend upon the Safety of His Majesties Person, and the maintenance of His Royal Authority, Power, and Greatness: And that all the miseries, confusions, and disorders which this Kingdom hath groaned under, these twenty-three years, have issued from, and been the necessary and natural products of these neglects, contempts, and invasions, which, in and from the beginning of these troubles, were upon the specious (but false) pretexts of Reformation (the common cloak of all rebellions) offered unto the Sacred Person and Royal Authority of the King's Majesty, and His Royal Father of blessed memory. And notwithstanding, that by the Sacred Right, inherent to the Imperial Crown (which His Majesty holds immediately from God Almighty alone) and by the ancient constitution and fundamental Laws of the Kingdom; the power of convocating and keeping Assemblies of the Subjects; the power of Calling, Holding, Proroguing and Disolving of Parliaments, and making of Laws; the power of entering into Bonds, Covenants, Leagues and Treaties; the power of raising Armies, keeping of Strengths and Forts are Essential parts, and inseparable privileges of the Royal Authority and Prerogative of the Kings of this Kingdom: Yet, such hath been the madness and delusion of these times, that even Religion itself, which holds the Right of Kings to be Sacred and Inviolable, hath been pretended unto, for warrand of these injurious Violations and Encroachments, so publicly clone and owned, upon and against His Majesties just Power, Authority and Government; By making and keeping of unlawful Meetings and Convocations of the People; By entering into Covenants, Treaties and Leagues; By seizing upon, and possessing themselves of His Majesties Castles, Forts and Strengths of the Kingdom: and by Holding of Pretended Parliaments, making of Laws, and raising of Armies for he maintaining of the same; and that not only without warrand, but contrary to His Majesties express Commands. And although the late King's Majesty, out of His nicer grace and respects to this His native Kingdom, and the peace and quiet of His people, and for preventing the consequences which such bad example and practice might occasion, to the disturbance of the peace of his other Kingdoms, was pleased in the year, one thousand six hundred and forty one, to come into this Country, and by his own presence, at their pretended Parliaments and other ways, to comply with, and give way to, many things nearly concerning the undoubted Interest and Prerogative of the Crown, expecting that such unparalleled Condescensions should have made His Subjects ashamed of their former miscarriages, and the very thoughts thereof, to be hateful to them and their posterity for ever. Yet, such was the prevalencey of the spirit of Rebellion that raged in manic for the time, that not content with that peace and happiness which, even above their desires, was secured to them: nor of these manic Grants of honor and profit, by which His Majestic endeavored to endear the most desperate of them to their duty and obedience, they then, when His Majesty had not left unto them any pretence or shadow of any new desire to be proposed, either concerning themselves or the Kingdom, did most unworthily engage to subvert His Majesties Government, and the public peace of the Kingdom of England: For which purpose, having joined in a League with some there, they, for the better prosecution of the same, did assume unto themselves the Royal Power, kept and held Parliaments at their pleasure; by the pretended Authority of which, they laid new exactions upon the people (which in one month did far exceed what ever by the Kings Authority had been raised in a whole year) levied Armies, sent out Edicts, requiring obedience unto their unlawful demands; and with all manner of violence pursued such as out of duty to His Majesties Authority opposed them by fines, confinements, imprisonment, banishment, death, and forfeiture of their property; and with their Army thus raised, invaded His Majesties Kingdom of England, and joined with such as were in Arms against His Majestic there. And thus maintaining their usurped power, and violently executing the same against all Law, Conscience, Honor and Humanity, have made themselves instruments of much loss, shame and dishonor to their native Country, and have justly forfeited any favor they might have pretended to, from His Majesties former concessions. And forasmuch as now it hath pleased Almighty God, by the power of His own right hand, so miraculously to restore the Kings Majestic to the Government of his Kingdoms, and to the exercise of His Royal Power, and Sovereignty over the same, The Estates of Parliament do conceive themselves obliged, in discharge of their duty and conscience to GOD and the Kings Majesty, to employ all their Power and interest, for vindicating His Majesties Authority from all these violent invasions that have been made upon it, and so far as possible to remove out of the way everything that may retain any remembrance of these things, which have been so injurious to His Majesty and His Authority, so prejudicial and dishonorable to the Kingdom, and destructive to all just and true interests within the same. And considering that, besides the unlawfulness of the Public Actings during the troubles, most of the Acts in all and every of the Meetings of these pretended Parliaments, do highly encroach upon, and are destructive of that Sovereign Power, Authority, Prerogative, and Right of Government, which by the law of GOD, and the ancient Laws and Constitutions of this Kingdom, doth reside in, and belong unto, the Kings Majesty, and do reflect upon the honor, loyalty, and reputation of this Kingdom; or are expired, and serve only as testimonies of disloyalty and reproach upon the Kingdom, and are unfit to be any longer upon Record. Therefore the Kings Majestic and Estates of Parliament do hereby Rescind and Annul the pretended Parliaments, kept in the years one thousand six hundred and forty, one thousand six hundred and forty one, one thousand six hundred and forty four, one thousand six hundred and forty five, one thousand six hundred and forty six, one thousand six hundred and forty seven, and one thousand six hundred and forty eight, and all Acts and Deeds past and done in them, and Declares the same to be henceforth void and null. And His Majesty, being unwilling to take any advantage of the failings of His Subjects during these unhappy times, is resolved not to retain any remembrance thereof, but that the same shall be held in everlasting oblivion: and that all difference and animosities be forgotten, His good subjects may in a happy union, under His Royal Government, enjoy that happiness and peace, which His Majesties intends, and really wisheth unto them as unto himself, doth therefore, by advice and consent of His Estates of Parliament, grant His full assurance and indemnity to all persons that acted in, or by virtue of the said pretended Parliaments, and other Meetings flowing from the same, to be unquestioned in their Lives or Fortunes, or any Deed or Deeds done by them in their said usurpation, or by virtue of any pretended Authority derived there from, excepting always such as shall be excepted in a general Act of Indemnity, to be past by His Majesty in this Parliament. And it is hereby declared that all Acts, Rights and Securities, past in any of the pretended Meetings above written, or by virtue thereof, in favors of any particular persons for their civil and private interests shall stand good and valid unto them, until the same be taken into further consideration, and determined in this, or the next Session of this Parliament.”