The Online Library of Liberty

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• Preface to the Second Edition
• Introduction
• I.: To the Meeting of the Third Parliament of Charles I. [—— 1628.]
• II.: From the Meeting of the Third Parliament of Charles I to the Meeting of the Long Parliament. [1628-1640.]
• III.: From the Meeting of the Long Parliament to the Outbreak of the Civil War. [1640-1642.]
• IV.: From the Outbreak of the Civil War to the Execution of the King. [1642-1649.]
• V.: The Commonwealth and Protectorate. [1649—1660.]
• Part I: From the Accession of Charles I to the Meeting of the Third Parliament of His Reign.
• 1.: Speech of Sir Nathaniel Rich, Proposing Terms On Which the House of Commons May Be Prepared to Grant Supply.
• 2.: Protestation of the Commons.
• 3.: Documents Relating to the Impeachment of the Duke of Buckingham.
• 4.: The Restraint of the Earls of Arundel and Bristol.
• 5.: The King’s Letter and Instructions For the Collection of a Free Gift.
• 6.: Commission For Raising Tonnage and Poundage With Impositions.
• 7.: The Commission and Instructions For Raising the Forced Loan In Middlesex.
• 8.: The Case of the Five Knights, Before the Court of King’s Bench.
• Part II: From the Meeting of the Third Parliament of Charles I. To the Meeting of the Long Parliament.
• 9.: Notes of a Bill Brought In By Sir Edward Coke to Secure the Liberties of the Subject.
• 10.: The Petition of Right.
• 11.: The Remonstrance Against Tonnage and Poundage.
• 12.: The King’s Speech At the Prorogation of Parliament At the End of the Session of 1628.
• 13.: The King’s Declaration Prefixed to the Articles of Religion.
• 14.: Resolutions On Religion Drawn By a Sub-committee of the House of Commons.
• 15.: Protestation of the House of Commons.
• 16.: The King’s Declaration Showing the Causes of the Late Dissolution.
• 17.: The Declaration of Sports 1 .
• 18.: Act of the Privy Council On the Position of the Communion Table At St. Gregory’s.
• 19.: Specimen of the First Writ of Ship-money.
• 20.: The King’s Case Laid Before the Judges, With Their Answer 2 .
• 21.: Extracts From the Speech of Oliver St. John In the Ship-money Case.
• 22.: Extracts From the Argument of Sir Robert Berkeley, Justice of the King’s Bench.
• 23.: The Scottish National Covenant.
• 24.: Petition of Twelve Peers For the Summoning of a New Parliament.
• 25.: The King’s Writ Summoning the Great Council.
• Part III: From the Meeting of the Long Parliament to the Outbreak of the Civil War.
• 26.: The Root and Branch Petition.
• 27.: The Triennial Act.
• 28.: The Protestation.
• 29.: The Act For the Attainder of the Earl of Strafford.
• 30.: The Act Against Dissolving the Long Parliament Without Its Own Consent.
• 31.: The Tonnage and Poundage Act.
• 32.: The Ten Propositions.
• 33.: Bill On Church Reform Bead Twice In the House of Lords 1 .
• 34.: The Act For the Abolition of the Court of Star Chamber.
• 35.: The Act For the Abolition of the Court of High Commission.
• 36.: Act Declaring the Illegality of Ship-money.
• 37.: Act For the Limitation of Forests.
• 38.: Act Prohibiting the Exaction of Knighthood Fines.
• 39.: Resolutions of the House of Commons On Ecclesiastical Innovations.
• 40.: Order of the House of Lords On the Services of the Church.
• 41.: Extract From the Instructions to the Committee In Scotland, Proposed By the House of Commons.
• 42.: The King’s Speech to the Recorder of the City of London.
• 43.: The Grand Remonstrance, With the Petition Accompanying It.
• 44.: The King’s Proclamation On Religion.
• 45.: The King’s Answer to the Petition Accompanying the Grand Remonstrance.
• 46.: The Impeachment of One Member of the House of Lords, and of Five Members of the House of Commons.
• 47.: A Declaration of the House of Commons Touching a Late Breach of Their Privileges.
• 48.: The Clerical Disabilities Act.
• 49.: The Impressment Act.
• 50.: The Militia Ordinance.
• 51.: The Declaration of the Houses On Church Reform.
• 52.: The King’s Proclamation Condemning the Militia Ordinance.
• 53.: The Nineteen Propositions Sent By the Two Houses of Parliament to the King At York.
• 54.: Declaration of the Houses In Defence of the Militia Ordinance.
• 55.: The King’s Letter Sent With the Commissions of Array to Leicestershire.
• 56.: The Votes of the Houses For Raising an Army.
• Part IV: From the Outbreak of the Civil War to the Execution of the King.
• 57.: The Propositions Presented to the King At the Treaty of Oxford.
• 58.: The Solemn League and Covenant.
• 60.: The Ordinance Appointing the Second Committee of Both Kingdoms.
• 61.: The Propositions of the Houses Presented to the King At Oxford, and Subsequently Discussed At the Treaty of Uxbridge.
• 62.: The King’s Propositions to Be Discussed At Uxbridge.
• 63.: The Self-denying Ordinance.
• 64.: The Negative Oath.
• 65.: Order of the Two Houses For Taking Away the Court of Wards.
• 66.: The Propositions of the Houses Sent to the King At Newcastle.
• 67.: The King’s First Answer to the Propositions Presented At Newcastle.
• 68.: The King’s Second Answer to the Propositions Presented At Newcastle.
• 69.: Suggested Answer to the Propositions Drawn Up For the King By the Leading Presbyterians and a Small Number of the Independents, and Forwarded By the French Ambassador to Cardinal Mazarin to Be Laid Before Queen Henrietta Maria.
• 70.: The King’s Third Answer to the Propositions Presented At Newcastle.
• 71.: The Heads of the Proposals Offered By the Army.
• 72.: The King’s Answer to the Propositions of Parliament.
• 73.: Letter of Charles I to the Speaker of the House of Lords.
• 74.: The Agreement of the People, As Presented to the Council of the Army.
• 75.: The Four Bills, With the Propositions Accompanying Them.
• 76.: The Engagement Between the King and the Scots.
• 77.: Additional Articles of the Engagement.
• 78.: The King’s Reply to the Four Bills and the Accompanying Propositions.
• 79.: The Vote of No Addresses.
• 80.: The Act 1 Erecting a High Court of Justice For the King’s Trial.
• 81.: The Agreement of the People.
• 82.: The Charge Against the King.
• 83.: The King’s Reasons For Declining the Jurisdiction of the High Court of Justice.
• 84.: The Sentence of the High Court of Justice Upon the King.
• 85.: The Death Warrant of Charles I.
• Part V: The Commonwealth and Protectorate
• 86.: Act Appointing a Council of State.
• 87.: Engagement Taken By the Members of the Council of State.
• 88.: The Act Abolishing the Office of King.
• 89.: An Act Abolishing the House of Lords.
• 90.: An Act Declaring England to Be a Commonwealth.
• 91.: An Act Declaring What Offences Shall Be Adjudged Treason.
• 92.: Engagement to Be Taken By All Men of the Age of Eighteen.
• 93.: Act Repealing Several Clauses In Statutes Imposing Penalties For Not Coming to Church.
• 94.: Act For the Settlement of Ireland.
• 95.: Declaration By the Lord General and the Council On the Dissolution of the Long Parliament.
• 96.: Summons to a Member of the So-called Barebones Parliament.
• 97.: The Instrument of Government.
• 98.: An Ordinance By the Protector For the Union of England and Scotland.
• 99.: An Ordinance By the Protector For Elections In Scotland.
• 100.: An Ordinance By the Protector For Elections In Ireland.
• 101.: The Constitutional Bill of the First Parliament of the Protectorate.
• 102.: The Humble Petition and Advice.
• 103.: The Additional Petition and Advice.
• 104.: The Writ Summoning Richard Cromwell to the House of Lords of the Protectorate.
• 105.: The Declaration of Breda.
• Appendix: the Navigation Act.

105.

The Declaration of Breda.

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 and 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 4/14 day of April, 1660, in the twelfth year of our reign.

APPENDIX

The Navigation Act.

Cap. 22.

Goods from Foreign parts by whom to be imported.

For the increase of the shipping and the encouragement of the navigation of this nation, which1 under the good providence and protection of God is so great a means of the welfare and safety of this Commonwealth: be it enacted by this present Parliament, and the authority thereof, that from and after the first day of December, one thousand six hundred fifty and one, and from thence forwards, no goods or commodities whatsoever of the growth, production or manufacture of Asia, Africa or America, or of any part thereof; or of any islands belonging to them, or which are described or laid down in the usual maps or cards of those places, as well of the English plantations as others, shall be imported or brought into this Commonwealth of England, or into Ireland, or any other lands, islands, plantations, or territories to this Commonwealth belonging, or in their possession, in any other ship or ships, vessel or vessels whatsoever, but only in such as do truly and without fraud belong only to the people of this Commonwealth, or the plantations thereof, as the proprietors or right owners thereof; and whereof the master and mariners are also for the most part of them of the people of this Commonwealth, under the penalty of the forfeiture and loss of all the goods that shall be imported contrary to this act; as also of the ship (with all her tackle, guns and apparel) in which the said goods or commodities shall be so brought in and imported; the one moiety to the use of the Commonwealth, and the other moiety to the use and behoof of any person or persons who shall seize the goods or commodities, and shall prosecute the same in any court of record within this Commonwealth.

And it is further enacted by the authority aforesaid, that no goods or commodities of the growth, production, or manufacture of Europe, or of any part thereof, shall after the first day of December, one thousand six hundred fifty and one, be imported or brought into this Commonwealth of England, or into Ireland, or any other lands, islands, plantations or territories to this Commonwealth belonging, or in their possession, in any ship or ships, vessel or vessels whatsoever, but in such as do truly and without fraud belong only to the people of this Commonwealth, as the true owners and proprietors thereof, and in no other, except only such foreign ships and vessels as do truly and properly belong to the people of that country or place, of which the said goods are the growth, production or manufacture; or to such ports where the said goods can only be, or most usually are first shipped for transportation; and that under the same penalty of forfeiture and loss expressed in the former branch of this Act, the said forfeitures to be recovered and employed as is therein expressed.

And it is further enacted by the authority aforesaid, that no goods or commodities that are of foreign growth, production or manufacture, and which are to be brought into this Commonwealth in shipping belonging to the people thereof, shall be by them shipped or brought from any other place or places, country or countries, but only from those of their said growth, production, or manufacture, or from those ports where the said goods and commodities can only, or are, or usually have been first shipped for transportation; and from none other places or countries, under the same penalty of forfeiture and loss expressed in the first branch of this Act, the said forfeitures to be recovered and employed as is therein expressed.

And it is further enacted by the authority aforesaid, that no sort of cod-fish, ling, herring, pilchard, or any other kind of salted fish, usually fished for and caught by the people of this nation; nor any oil made, or that shall be made of any kind of fish whatsoever, nor any whale-fins, or whale-bones, shall from henceforth be imported into this Commonwealth or into Ireland, or any other lands, islands, plantations, or territories thereto belonging, or in their possession, but only such as shall be caught in vessels that do or shall truly and properly belong to the people of this nation, as proprietors and right owners thereof; and the said fish to be cured, and the oil aforesaid made by the people of this Commonwealth, under the penalty and loss expressed in the first branch of this present Act; the said forfeit to be recovered and employed as is there expressed.

And it is further enacted by the authority aforesaid, that no sort of cod, ling, herring or pilchard, or any other kind of salted fish whatsoever, which shall be caught and cured by the people of this Commonwealth, shall be from and after the first of February, one thousand six hundred fifty three, exported from any place or places belonging to this Commonwealth, in any other ship or ships, vessel or vessels, save only in such as do truly and properly appertain to the people of this Commonwealth, as right owners; and whereof the master and mariners are for the most part of them English, under the penalty and loss expressed in the said first branch of this present Act; the said forfeit to be recovered and employed as is there expressed.

Provided always, that this Act, nor anything therein contained, extend not, or be meant to restrain the importation of any of the commodities of the Straits1 or Levant seas, laden in the shipping of this nation as aforesaid, at the usual ports or places for lading of them heretofore, within the said Straits or Levant seas, though the said commodities be not of the very growth of the said places.

Provided also, that this Act nor anything therein contained, extend not, nor be meant to restrain the importing of any East India commodities laden in the shipping of this nation, at the usual port or places for lading of them heretofore in any part of those seas, to the southward and eastward of Cabo Bona Esperanza2 , although the said ports be not the very places of their growth.

Provided also, that it shall and may be lawful to and for any of the people of this Commonwealth, in vessels or ships to them belonging, and whereof the master and mariners are of this nation as aforesaid, to load and bring in from any of the ports of Spain and Portugal, all sorts of goods or commodities that have come from, or any way belonged unto the plantations or dominions of either of them respectively.

Be it also further enacted by the authority aforesaid, that from henceforth it shall not be lawful to any person or persons whatsoever to load or cause to be laden and carried in any bottom or bottoms, ship or ships, vessel or vessels, whatsoever, whereof any stranger or strangers born (unless such be denizens or naturalized) be owners, or masters, any fish, victual, wares, or things of what kind or nature soever the same shall be, from one port or creek of this Commonwealth, to another port or creek of the same, under penalty to every one that shall offend contrary to the true meaning of this branch of this present Act, to forfeit all the goods that shall be so laden or carried, as also the ship upon which they shall be so laden or carried, the same forfeit to be recovered and employed as directed in the first branch of this present Act.

Lastly, that this Act nor anything therein contained, extend not to bullion, nor yet to any goods taken, or that shall be taken by way of reprisal by any ship or ships, having commission from this commonwealth.

Provided, that this Act, or anything therein contained, shall not extend, nor be construed to extend to any silk or silk wares which shall be brought by land from any part of Italy, and there bought with the proceed of English commodities, sold either for money or in barter; but that it shall and may be lawful for any of the people of this Commonwealth to ship the same in English vessels from Ostend, Nieuport, Rotterdam, Middelburg, Amsterdam, or any ports thereabouts, the owners and proprietors first making oath by themselves, or other credible witnesses, before the Commissioners of the Customs for the time being or their deputies, or one of the Barons of the Exchequer, that the goods aforesaid were so bought for his or their own proper account in Italy.

Printed in England at theUniversity Press, Oxford

By John Johnson Printer to the University

[1 ] When this Act was re-enacted after the Restoration many changes were made, the most important being that the prohibition of importing in foreign bottoms was extended to exports (12 Car. II, cap. 18).

[1 ] ‘The Straits’ are the Straits of Gibraltar, but the term includes the Mediterranean, or, as here, the western part of it.

[2 ] The Cape of Good Hope.