The Constitutional Documents of the Puritan Revolution

The Constitutional Documents of the Puritan Revolution
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In this volume are reprinted for convenient reference more than ninety documents which are «intended to serve either as a basis for the study of the constitutional history of an important period, or as a companion to the political history of the time.» With the exception of four, mentioned in the preface, they are taken from books that are beyond the reach of most students unless they have access to large and well-equipped libraries The whole is prefaced by a concise account of the period, so that we have at hand what might be compared to the finder on a telescope. Among the papers are the following, of which we have often heard, and which we can here examine that they may throw light upon our understanding of the history of the period : The Declaration of Sports, the Scottish National Covenant, the Root and Branch Petition, the Solemn League and Covenant, the Self-denying Ordinance.

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Samuel Rawson Gardiner. The Constitutional Documents of the Puritan Revolution

CONTENTS:

PREFACE TO THE SECOND EDITION

INTRODUCTION

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 Ref. 056

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 Ref. 060

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 Ref. 071

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

I

II

III

IV

V

VI

59.: The Ordinance appointing the First Committee of both Kingdoms

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

II

III

IV

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 Ref. 131 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. Cap. 22

ENDNOTES

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The Constitutional Documents Of The American Revolution

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V.: The Commonwealth and Protectorate. [1649—1660.]

On February 13, 1649, the existing House of Commons, now claiming the powers and style of the entire Parliament, though sitting with sadly diminished numbers, appointed a Council of State (No. 86, p. 381), and on the 22nd drew up an Engagement to be taken by the Councillors to maintain and defend resolutions of Parliament for the establishment of a Commonwealth without King or House of Lords (No. 87, p. 384). It abolished the office of King on March 17 (No. 88, p. 384), and the House of Lords on March 19 (No. 89, p. 387). On May 19 it finally declared England to be a Commonwealth (No. 90, p. 388). On July 17, 1649, it passed a new Treason Law (No. 91, p. 388); and on January 2, 1650, directed an Engagement of Fidelity to the Commonwealth to be taken by all men of the age of eighteen (No. 92, p. 388). On September 27, 1650, it repealed all Acts and clauses of Acts imposing penalties for not coming to Church, but enacted instead that every one on the Lord’s Day, and on days of public thanksgiving and humiliation, should be present somewhere ‘in the practice of some religious duty’ (No. 93, p. 391). So far the Parliament had gone in carrying out the Agreement of the People, but, as might be expected, it took no steps to limit its own powers, nor was it at all in a hurry to appoint a day for its own dissolution.

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