fix hundred fixty and one, during his Majefties life, shall ma- perfons to liciously and advisedly publish or affirm the King to be an he- bear any office. retick or a papist, or that he endeavours to introduce popery, (2) or fhall maliciously and advisedly, by writing, printing, preaching, or other fpeaking, exprefs, publish, utter or declare any words, fentences, or other thing or things, to incite or ftir up the people to hatred or diflike of the perfon of his Majesty, or the established government, (3) then every fuch perfon 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 ftate, other than that of his peerage, and fhall Peerage. likewife 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. miled into any feditious or unquiet demeanor, out of an The parliaopinion that the parliament begun and held at Westminster ment begun 3 of Nov. 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 12 Car. 2. c. 11. and adjudged to be fully diffolved and determined 3 (5) or out of an opinion that there lies any obligation upon him from any oath covenant or engagement whatsoever, 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 of parliament affertions have been feditiously maintained in fome pamphlets without the lately printed, and are daily promoted by the active enemies of King. our peace and happiness :

or both houfes

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 thousand fix hundred fixty and one, fhall maliciously 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 thoufand 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 person, 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 fubjects of this

B 2

realm

The folemn league and

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 impofed. ders and ordinances, of both or either houses of parliament, for 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 fo fhall be taken to be null and void to all intents and purposes whatfoever. (7) Provided nevertheless, That all and every perfon and perfons, bodies politick and corporate, who have been, or shall at any time hereafter be questioned for any thing acted or done by colour 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 Majefties reign that now is, or fhall be indempnified by any act of parliament, shall and may make fuch ufe of the said orders and ordinances for their indempnity according to the true intent and meaning of the said 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 parliament declared void. Provifo, the faid orders, &c. may be made ufe of according to the act of indemnity. 12 Car. 2. C. 11.

order from bis

No perfon to IV. Provided always, That no perfon be profecuted for any be profecuted of the offences in this act mentioned (other than fuch as are for any offences in this act made and declared to be high treafon) unless it be by order of (other than the Kings majesty his heirs or fucceffors, under his or their treafon) un fign manual or by order of the council table of his Majefty, his lefs by fpecial heirs and fucceffors, directed unto the attorney general for the Majefty: time being, or fome other of the council learned to his Majesty, And within his heirs and fucceffors, for the time being; ncr fhall any perfix months af- fon or perfons by virtue of this prefent act incur any the penalter the offence ties herein before mentioned, unlefs he or they be profecuted within fix months next after the offence committed, and indicted thereupon within three months after fuch profecution; any thing herein contained to the contrary notwithstanding.

committed.

Treafons and

voce.

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 treafons or offences aforefaid, unless the proved by two witneffes viva fame offender or offenders be thereof accufed by the testimony and depofition of two lawful and credible witneffes upon oath, (5) which witnesses 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, fhall not extend to deprive either of the houses of parliament, or any of their members, of their just ancient freedom and privilege of debating any matters of bufinefs which fhall be propounded and debated in either of the faid houfes, or at any conferences or committees of both or either

Provifo for

the privilege

of debates in parliament,

for repeal or alteration of laws, or re

of

vances.

of the faid houses of parliament, or touching the repeal or alte- dreffing pubration of any old, or preparing any new laws, or the redreffing lick grieany publick grievance; but that the faid members of either of the faid houses, and the affiftance of the house of peers, and every of them, fhall have the fame freedom of speech, and all other privileges whatsoever, as they had before the making of this act; any thing in this act to the contrary thereof in any wife notwithstanding.

VII. Provided always, and be it ordained and enacted, That Provifo for no peer of this realm fhall be tried for any offence against this peerage and act, but by his peers; (2) and further, That every peer who peers. fhall be convicted of any offence against this act, after fuch conviction, be difabled during his life to fit in parliament, unlefs his Majefty fhall graciously be pleased to pardon him: (3) and if his Majefty fhall grant his pardon to any peer of this realm, or commoner convicted of any offence against this act, after fuch pardon granted, the peer or commoner so pardoned, fhall be restored to all intents and purposes, as if he had never been convicted; any thing in this law to the contrary in any wife notwithstanding.

CAP. II.

An act for repeal of an act of parliament, intituled, An act for difenabling all perfons in holy orders to exercife any temporal jurifdiction or authority.

W HEREAS at the parliament begun at Weftminfter the 16Car.1.c.27. third day of November in the fixteenth year of the reign of our late fovereign lord King Charles of bleffed memory, fince deceafed, an act of parliament was made, intituled, An act for difenabling all perfons in holy orders to exercise any temporal jurisdiction or authority; (2) which act hath made feveral alterations prejudicial to the conftitution and antient rights of parliament, and contrary to the laws of this land, and is by experience found otherwife inconvenient; (3) be it enacted by the King's most excellent majefty, by and with the advice and consent of the lords and commons in this prefent parliament affembled, and by the authority of the fame, That the faid act, intituled, An act for difenabling all perfons in holy orders to exercife any temporal jurifdiction or authority, and every claufe, matter and thing therein contained, shall be and is hereby from henceforth repealed, annulled and made void to all intents and purposes whatsoever.

CAP. III.

An act for the declaring, vefting and fettling of all fuch monies, goods and 12 Car.2.c.11. other things, in his Majefty, which were received, levied or collected in thefe late times, and are remaining in the hands or poffeffion of any treaturers, receivers, collectors or others, not pardoned by the act of oblivion. Goods and monies levied fince the thirtieth of January 1642, and not pardoned, are vefted in his Majefty. The revenues of the churches in Wales to be accounted for. Commiflions for discovery. Perfons accountable enabled to fue for and levy all arrears. Provifo, none to be queftioned but upon fome profecution begun before the EXP, twenty-fourth of June 1662.

B 3

САР,

lieutenancy indemnified,

Provifo.

No perfon

nant or de

puty-lieute

nant, that

all and every person and persons who have or fhall have acted, or done any thing in execution of any commiffion or commiffions of lieutenancy, iffued by the Kings majesty that now is, or by colour of them, or any of them, or touching or concerning the fame, or any of them, or relating thereunto, fhall be and are hereby faved harmless and indempnified in this behalf: (3) and also all magiftrates, juftices of the peace, officers and minifters of justice, and all perfons that have or fhall have acted by or under them, or by their or any of their commands, fince the faid twenty fourth day of June, one thousand fix hundred and fixty, until the twentieth day of July, one thousand fix hundred fixty and one, as to any affaulting, arrefting, detaining or imprifoning any person fufpected to be fanatick, 'fectary or difturber of the peace, or feizing of arms, or fearching of houfes for arms, or for fufpected perfons, fhall be, and are hereby faved harmless, and indempnified in that behalf.

IV. Provided, That neither this act, nor any thing therein contained, fhall after the five and twentieth of March next, be prejudicial to any county, city or place within this kingdom, which are overcharged with men and arms beyond their ancient proportion.

V. Provided, That neither this act, nor any matter or thing therein contained, fhall be deemed, conftrued or taken to extend to the giving or declaring of any power for the transporting of any the fubjects of this realm, or any way compelling them to march out of this kingdom otherwife than by the laws of England ought to be done.

VI. Provided, That no perfon whatsoever fhall be capable may be lieute- of acting as a lieutenant, or deputy lieutenant, or other officer or foldier, by virtue of this act, who hath not already taken the oaths of allegiance and fupremacy, fince the return of his Mahath not taken jefty into England, until he shall take the fame according to the the oaths of laws and ftatutes of this kingdom: which oaths the lords of his allegiance and privy council, or any fix of them, are hereby impowered to fupremacy. 13 & 14 Car. 2. administer to any peer of this realm, who fhall be commissionated by virtue of this act; and the deputy lieutenants, or any Car. 2. c. 4. two of them, in their respective counties, to any commoner. CA P. VII.

C. 8.
3,

15
1 Geo. 1. ft. 2.

C. 14.

An alt for confirming publick aðs.

WHEREAS during the late difficulties and exigencies of affairs in the abfence of his most excellent Majefly, and in reference to his return from beyond the feas into thefe his Majesty's dominions, the lords and commons being affembled at Westminster the five and twentieth day of April in the twelfth year of his Majesty's reign, were from thence, and after his Majesty's return, continued until the nine and twentieth day of December then next following and now laft paf, and then diffolved by his Majesty in which time several acts were paffed by his Majefly, by and with the advice and confent of the faid lords and commons affembled as aforefaid, which being of neceffary use, are fit to be continued and confirmed, although the man

12 Car. 2. c. 4.

12 Car. 2. c. 8.

12 Car. 2. c. 9.

Taxes.

12 Car. 2. c.10.

- ner of the faid affembling, enforced by the difficulties and exigencies aforesaid, which then lay upon the nation, is not to be drawn into example; (2) be it therefore enacted by the King's most excellent Majefty, by and with the advice and confent of the lords and commons in this prefent parliament affembled, and by the authority of the fame, That all and fingular the acts made, or mentioned to be made, by his faid Majefty, by and with the advice and confent of the lords and commons, upon or fince the the faid five and twentieth day of April herein after particularly mentioned and expreffed; That is to fay, (3) one act, intituled, Pardon. An act of free and general pardon, indemnity and oblivion: (4) one 12Car.2.c.11. other act, intituled, A fubfidy granted to the King of tonnage and Taxes. poundage, and other fums of money payable upon merchandize exported and imported: (5) one other act, intituled, An act for con- Excise. tinuing the excife until the twentieth of August one thousand fix hun- 12 Car. 2. c. 5. dred and fixty: (6) one other act, intituled, An act for continuing Excise. - the excife till the five and twentieth day of December one thousand fix hundred and fixty: (7) one other act, intituled, An act for Taxes. the fpeedy provifion of money, for disbanding and paying off the forces process. of this kingdom both by land and fea: (8) one other act, intituled, 12 Car. 2. c.12. An act for confirmation of judicial proceedings: (9) one other act, Army. intituled, An act for the speedy difbanding of the army and garrisons 12Car.2.c.15. of this kingdom (10) one other act, intituled, An act for the Jupplying and explaining certain defects in an act, intituled, An act for the speedy provifion of money for disbanding and paying off the forces of this kingdom both by land and fea : (11) one other act, intituled, An act to prevent frauds and concealments of 12Car.2.c.19. his Majesty's customs and fubfidies: (12) one other act, intituled, Taxes. An act for raising fevenfcore thousand pounds for the compleat dif- 12Car.2.c.20. banding of the whole army, and paying off fome part of the navy: (13) one other act, intituled, A grant of certain impofitions upon Taxes. beer, ale and other liquors, for the increase of his Majefly's revenue. during his life: (14) one other act, intituled, An act for taking Court of away the court of wards and liveries, and tenures in Capite, and wards, &c. by knights-fervice, and purveyance, and for fettling a revenue upon his 12Car.2.c.24. Majefly in lieu thereof (15) one other act, intituled, An act for Wines. the better ordering the felling of wines by retail, and for preventing 12Car.2.c.25. abufes in the mingling, corrupting, and vitiating of wines, and for. fettling and limiting the prices of the fame : (16) one other act, intituled, An act for the levying of the arrears of the twelve months Taxes. affeffment, commencing the four and twentieth day of June one thou- 12Car.2.c 26. fand fix hundred fifty and nine; and the fix months aff.fment, commencing the five and twentieth of December one thousand fix hundred fifty and nine: (17) one other act, intituled, An all for Taxes. granting unto the King's majefty four hundred and twenty thousand 12Car.2.c.27. pounds, by an affeffment of threefcore and ten thousand pounds by the month, for fix months, for difvanding the remainder of the army,

Merchants.

12Car.2.c.23.

and paying off the navy (18) one other act, intituled, An act for Taxes.

the further fupplying and explaining certain defects in an act, intituled, 12Car.2.c.28, An act for the fpeedy provifion of money for disbanding and

paying off the forces of this kingdom both by land and fea: (19)

one