Chapter 27: Second Session Of First Parliament Of Charles II
Chapter 27: Second Session Of First Parliament Of Charles II
Edinburgh, MAY, 1662.—Act far preservation of His Majesties Person, Authority and Government.
THE Estates of Parliament, taking into their consideration the miseries, confusions, bondage and oppressions, this Kingdom hath groaned under since the year, one thousand six hundred and thirty seven years, with the causes and occasions thereof: Do, with all humble duty and thankfulness, acknowledge His Majesties unparalleled grace and goodness, in passing by the many miscarriages of His Subjects, and restoring the Church and State to their ancient Liberties, Freedom, Rights and Possessions; and the great Obligations thereby lying upon them to express all possible care and zeal in the preservation of His Majesties person, (in whose honor and happiness consisted! the good and welfare of His people) and in the security and establishment of His Royal Authority and Government, against all such wicked attempts and practices for the time to come. And, since the rise and progress of the late troubles did, in a great measure, proceed from some treasonable and seditious positions infused into the people. That it was lawful to Subjects for Reformation, to enter into Covenants and Leagues, or to take up Arms against the King, or those Commissionated by Him, and such-like: And that many Wilde and rebellious courses were taken and practiced in pursuance thereof, by unlawful meetings and gatherings of the people, by mutinous and tumultuous petitions, by insolent and seditious Protestations against His Majesties Royal and just commands, by entering into unlawful Oaths and Covenants, by usurping the name and power of Council Tables and Church Judicatories, after they were by His Majesty discharged, by treasonable Declarations, that His Majesty was not to be admitted to the exercise of His Royal power, until He should grant their unjust desires and approve their wicked practices, by rebellions rising in Arms against His Majesty and such as had Commission from Him; And by the great countenance, allowance and encouragement given to these pernicious courses by the multitude of seditious Sermons, Libels, and Discourses, preached, printed and published in defense thereof: And considering that as the present age is not full freed of those distempers; so posterity may be apt to relapse therein, if timous remedy be not provided. Therefore the King's Majesty and Estates of Parliament do Declare that these positions, That it is lawful to Subjects, upon pretence of Reformation, or other pretence whatsoever, to enter into Leagues and Covenants, or to take up arms against the King; or that it is lawful to subjects, pretending His Majesty’s Authority, to take up Arms against His person or those Commissionated by Him, or to suspend Him from the exercise of his Royal Government, or to put limitations upon their clue obedience and allegiance, Arc Rebellious and Treasonable, And that all these Gatherings, Convocations, Petitions, Protestations, and Erecting and keeping of Council-tables, that were used in the beginning, and for carrying on, of the late troubles, were unlawful and seditious: And particularly, that these Oaths, whereof the one was commonly called The National Covenant, (as it was sworn and explained in the year one thousand, six hundred and thirty-eight, and thereafter) and the other entitled, A Solemn League and Covenant, were, and are in themselves unlawful Oaths, and were taken by, and imposed upon, the Subjects of this Kingdom, against the fundamental laws and liberties of the same; and that there lyeth no obligation upon any of the Subjects from the said Oaths, or either of them, to endeavor any change or alteration of Government either in Church or State; And therefore Annuls all Acts and Constitutions, Ecclesiastical or Civil, approving the said pretended National Covenant or League and Covenant, or making any interpretations of the same or either of them. And also, it is hereby Declared by His Majesty and Estates of Parliament, That the pretended assembly kept at Glasgow in the year one thousand six hundred and thirty eight, was in itself (after the same was by His Majesty discharged, under the pain of Treason) an unlawful and seditious Meeting; and that all Acts, Deeds, Sentences, Orders, or Decreets past therein, or by virtue of any pretended Authority from the same, were in themselves from the beginning, are now, and in all time coming, to be reputed unlawful, void and null; And that all Ratifications or Confirmations of the same, past by whatsoever Authority or in whatsoever Meetings, shall from henceforth be void and null. Like-as, His Majesty and Estates of Parliament, reflecting on the sad consequences of these rebellious courses, and being carefull to prevent the like for the future, have therefore Statute and Ordained, and by these presents Statutes and Ordains, that if any person or persons shall hereafter Plot, contrive or intend destruction to the King's Majesty, or any bodily harm tending to death or destruction, or any restraint upon his Royal Person, or to deprive, depose, or suspend Him from the stile, Honor and Kingly Name of the Imperial Crown of this Realm, or any others His Majesties Dominions, or to suspend him from the exercise of His Royal Government, or to levy War or take up Arms against His Majesty or any commissionated by Him, or shall entice any strangers or others to invade any of His Majesties Dominions; and shall by writing, printing, preaching or other malicious and advised speaking, express or declare such their Treasonable intentions, every such person or persons, being upon sufficient probation legally convicted thereof, shall be deemed, declared and adjudged Traitors, and shall suffer forfeiture of life, honor, lands, and goods as in cases of high Treason. And further, it is by His Majesty and Estates of Parliament Declared, Statute and Enacted, That if any person or persons shall, by Writing, Printing, Praying, Preaching, Libeling, Remonstrating, or by any malicious and advised speaking, express, publish, or declare any words or sentences to stir up the people to the hatred or dislike of His Majesties Royal Prerogative and Supremacy in causes Ecclesiastic, or of the Government of the Church by Archbishops and Bishops as it is now settled by Law, or to Justine any of the deeds, actings, practices or things above-mentioned and declared against by this present Act: that every such person or persons so offending, and being, as said is, Legally convicted thereof, are hereby declared incapable to enjoy or exercise any place or employment, Civil, Ecclesiastical, or Military, within this Church and Kingdom, and shall be liable to such further pains as are due by the Law in such cases; Provided always, that no person be processed for any of the offences aforesaid, contained in this Act, (other than these that are declared to be high Treason) unless it be by order from His Majesty, or by order of His Privy Council for the time; neither shall they incur any of the penalties above-mentioned, unless they be pursued within eight Months after the offence committed, and sentenced thereupon within four Months after the intending of the Process. And it is also Declared, that if His Majesty grant His pardon to any person convicted for any of the offences contained in this present Act; after such pardon, the party pardoned shall be restored to all intents and purposes, as if he had never been pursued nor convicted anything in this Act to the contrary, notwithstanding.