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A58640 The laws and acts of the first Parliament of our most high and dread soveraign Charles the Second ... holden at Edinburgh the first of January, 1661 by a noble Lord, John, Earl of Middleton ... with the special advice and consent of the estates of Parliament / extracted and collected from the records of Parliament by Sir Archibald Primerose.; Laws, etc. Scotland.; Primrose, Archibald, Sir, 1616-1679. 1661 (1661) Wing S1271; ESTC R30550 109,236 124

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THE LAWS and ACTS OF THE FIRST PARLIAMENT Of our most High and Dread SOVERAIGN CHARLES THE SECOND By the grace of GOD King of Scotland England France and Ireland Defender of the Faith Holden at Edinburgh the First of January 1661. By a Noble Lord John Earl of Middleton Lord Cleremont and Fettercairn His MAJESTIES Commissioner for holding of this Parliament by vertue of a COMMISSION under His MAJESTIES Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament Extracted and Collected from the Records of Parliament by Sir ARCHIBALD PRIMEROSE of Chester Knight and Barronet Clerk to His MAJESTIES Council Registers and Rolls EDINBURGH Printed by Evan Tyler Printer to the Kings most Excellent MAjESTY Anno Dom. 1661 CVM PRIVILEGIO CHARLES the 2d BY THE GRACE OF GOD KING OF SCOTLAND ENGLAND FRANCE IRELAND Defender of the faith ●●uch not my Anoynted GOD SAVE THE KING FEAR GOD HONOVR THE KING HONI SOIT QVI MAL Y PENSE C R HONI SOIT QVI MAL Y PENSE NEMO ME IMPVNE LACESSET The LAWS and ACTS made in the first PARLIAMENT of our most High and Dread Soveraign CHARLES the Second by the grace of GOD King of Scotland England France and Ireland Defender of the Faith Began at Edinburgh the first day of January 1661. I. ACT concerning the President and Oath of Parliament FOrasmuch as it hath pleased Almighty GOD to compassionat the troubles and confusions of this Kingdom by returning the Kings most excellent MAjESTY to the exercise of that Royal Government under which and its excellent constitution this Kingdom hath for many ages injoyed so much happiness peace and plenty And it being upon good and important considerations an inviolable practice in this Government before these troubles that the person nominate by His MAjESTY to be His Chancellor within this Kingdom did of right and as due to his place preside in all Meetings of Parliament and other publick Judicatories of the Kingdom where he was present for the time And His MAjESTY now considering the great advantages do accress to the publick good of His Subjects by the due observance of such ancient and well grounded Customs and Constitutions and the prejudices that do accompany a change thereof Therefore His MAjESTY with advice and consent of His Estates of Parliament doth Declare That the present Lord Chancellor and such as hereafter shall be nominate by His MAjESTY or His Royal Successors to succeed in that place and in case of their absence such as shall be nominate by His MAJESTY are by vertue and right of the said office and such nomination respective to preside in all meetings of His MAJESTIES Parliaments or other publick Judicatories of the kingdom where they shall happen to be present and that they are now and in all time coming to injoy this priviledge And in discharge of this trust they are at the first down-sitting of every Parliament to administer to all the Members thereof the Oath of Alleagiance whereof the tenor follows I for testification of my faithfull obedience to my most gracious and redoubted Soveraign CHARLES King of Great Brittain France and Ireland Defender of the Faith c. Affirm testifie and declare by this my solemn Oath That I acknowledge my said Soveraign only Supream Governour of this Kingdom over all Persons and in all Causes and that no Forraign Prince Power or State nor person Civil or Ecclesiastick hath any Jurisdiction Power or Superiority over the same And therefore I do utterly renounce and forsake all Forraign Jurisdictions Powers and Authorities and shall at my utmost power defend assist and maintain His MAJESTIES Jurisdiction foresaid against all deadly and never decline His MAJESTIES Power nor Jurisdiction as I shall answer to GOD. With this addition And I shall faithfully give my Advice and Vote in every thing shall be propounded in Parliament as I shall answer to GOD. Likeas His MAJESTY with advice foresaid doth hereby Rescind and Annull all Acts Statutes or Practices as to the President or Oath of Parliament which are prejudicial unto or inconsistent with this present Act and Declare the same to be void and null in all time coming II. Act and Acknowledgement of His MAjESTIES Prerogative in the choice of His Officers of State Councellors and Judges THe Estates of Parliament considering the great obligations that do ly upon them from the Law of GOD the Laws of Nations the municipal Laws of the Land and their Oaths of Alleagiance to maintain and defend the Soveraign Power and Authority of the Kings MAJESTY and the sad consequences that do accompany any incroachments upon or diminutions thereof Do therefore from their sense of humble duty Declare That it is an inherent priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate and Privy Councellors and the nomination of the Lords of Session as in former times preceeding the year 1637. And that the Kings Sacred MAJESTY and His Heirs and Successors are for ever by vertue of that Royal Power which they hold from GOD Almighty over this Kingdom to injoy and have the full exercise of that Right And therefore the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Acts Statutes or Practices to the contrair and Declare them to have been undutifull and disloyal invasions upon the Royal Prerogative and to be void and null in all time coming III. Act asserting His Majesties Royal Prerogative in the calling and dissolving of Parliaments and making of Laws THe Estates of Parliament now conveened by His MAJESTIES special Authority considering that the Quietness Stability and Happiness of the people do depend upon the Safety of the Kings MAJESTIES Sacred Person and the maintenance of His Soveraign Authority Princely Power and Prerogative Royal. And conceiving themselves oblieged in conscience and in discharge of their duties to Almighty GOD to the Kings MAJESTY and to their Native Country to make a due acknowledgement thereof at this time Do therefore unanimously Declare That they will with their lives and fortunes maintain and defend the same And they do hereby acknowledge that the power of Calling Holding Proroguing and Dissolving of Parliaments and all Conventions and Meetings of the Estates doth solely reside in the Kings MAJESTY His Heirs and Successors And that as no Parliament can be lawfully keeped without the special warrand and presence of the Kings MAJESTY or His Commissioner so no Acts Sentences or Statutes to be past in any Parliament can be binding upon the people or have the Authority and force of Laws without the special Authority and Approbation of the Kings MAJESTY or His Commissioner interponed thereto at the making thereof And therefore the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Laws Acts Statutes or Practices that have
pretexts made for the same did meet and conveen without any lawfull Warrand or Authority And therefore the Kings MAjESTY with advice and consent of His Estates of Parliament doth Declare the same with all that was done therein void and null and Rescinds and Annuls all Acts or Deeds whatsomever ratifying and approving the same VII Act concerning the League and Covenant and discharging the renewing thereof without His MAjESTIES warrand and approbation FOrasmuch as the power of Armes and entering into and making of Leagues and Bonds is an undoubted priviledge of the Crown and a proper part of the Royal Prerogative of the Kings of this Kingdom and that in recognisance 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 less or more upon any pretext whatsoever to rise or continue in Armes or to enter into Leagues and Bonds with Forraigners 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 diverse things in the making and pursuance of Leagues and Bonds which may be occasion of jealousie 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 endeavour by Armes a Reformation of Religion in the Kingdom of England or to meddle with the publick 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 Armes 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 Inhibite all His MAjESTIES Subjects within this Kingdom that none of them 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 publick 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 VIII Act against Papists Priests and Jesuits OUr Soveraign Lord considering that the publick contempt of and disobedience to lawful Authority though covered with the most specious pretexts is alwayes accompanied with great confusions and provocations to the dishonour of GOD and ruine of the People And that thereby occasion is offered to wicked and ill affected persons of all sorts upon one pretence or other to subvert Religion and pervert the Duty and Allegiance of the Subjects Whereof there be too sad evidence by the increase of Popery and the number of Jesuits Priests and Papists which have of late and do now abound in this Kingdom in far greater numbers then ever they did under the Government of His MAjESTIES Royal Father and Grand-Father of blessed memory And His MAjESTY being desirous to trace these His Royal Ancestors in a due and vigorous prosecution of these many excellent Laws made by them against the Saying of Mess and the stay and resset of Jesuits Seminary and Mess Priests and Trafficking Papists within this Kingdom Doth therefore with advice and consent of His Estates of Parliament command and charge all and sundry Jesuits Priests and Trafficking Papists that none of them presume hereafter to Say Mess within this Kingdom And that within a moneth after the publication hereof they remove forth of the Kingdom under the pain of death And sicklike His MAjESTY with advice and consent foresaid doth command charge and inhibite all His MAjESTIES Subjects of what quality or degree soever that none of them presume to hear Mess resset supply entertain furnish meat or drink nor keep intelligence nor correspondence with any Priests Jesuits or Trafficking Papists under the pains contained in the Laws and Acts of Parliament made in that behalf And to the end that this Act may receive the more exact obedience and prosecution His MAjESTY with advice and consent foresaid doth hereby command all Sheriffs of Shires and their Deputes all Magistrates of Burghs and other publick Ministers of the Laws to make exact enquiry and search in their several bounds and jurisdictions and to apprehend all such Jesuits Priests and Trafficking Papists as they shall finde within the same after the last day of March next to come and to commit them to the next sure Prison there to remain till they receive due punishment according to the Laws And also that with all possible diligence they send in to the Parliament or in case of their not Sitting to His MAjESTIES Privy-Council the List of such persons within their bounds as are known or suspected to be Papists that course may be taken with them conform to the Laws of the Kingdom And hereof the Sheriffs and Magistrates and their Deputes are to take special notice as they will be answerable at their highest peril Likeas His MAjESTY considering how dangerous it is that Children be educat by persons popishly affected do therefore conform to former Acts of Parliament appoint that children under popish Parents Tutors or Curators shall be taken from them and committed to the education of some well affected and religious friend at the sight and by order of His MAjESTIES Privy-Council And Ordains publication hereof to be made at the Mercat Cross of Edinburgh and other places needfull IX Act approving the Engagement 1648. and annulling the pretended Parliaments and Committees kept thereafter FOrasmuch as in the year one thousand six hundred fourty and eight the Estates of Parliament of this Kingdom and His MAjESTIES good Subjects therein from the sense of their duty to Almighty GOD and the King's MAjESTY did chearfully undertake and concur in an Engagement for relief of His late MAJESTY of glorious memory from His imprisonment and for His restitution to the Royal Government of His Kingdoms And the Estates of Parliament now conveened by His MAjESTIES special Authority taking that Engagement to their consideration do find it to have been an Honourable Just Necessary and Seasonable Discharge of that indispensible Duty whereunto this Kingdom and the Subjects thereof are by the Law of God by the Law of Nature and
Nations by the municipal Laws of the Land by their Alleagiance and by all the strictest bonds of Conscience and Honour oblieged to the most Sacred Person and Royall Authority of their King's MAjESTY And therefore Our Soveraign Lord with advice and consent of His Estates of Parliament doth Ratifie and Approve that Engagement for His MAjESTIES relief and restitution to His Royal Government And doth Declare that as it was a most noble and pious Testimony of the Loyalty of His MAjESTIES good Subjects of His ancient Kingdom and of their affection and zeal to His MAjESTIES Person and Government So His MAjESTY for Himself and His Successors doth assure that They will alwayes retain a gratefull resentment thereof And have appointed these presents to remain upon Record for the due honour of these persons who did engage therein and of their posterity for ever And whereas the necessity and justice of this undertaking with the interest this Kingdom had in His Majesties Person by the honour of His Royal Birth and by these many and singular Acts of Grace He had lately conferred upon it might justly have claimed a ready concurrence of all the Subjects Yet there wanted not some and even such whom not long before His Majesty had oblieged by marks of His Royal Favour both of honour and profit who made it their work to disappoint and oppose the same And for that end having gathered some mutinous Commons and others who by a few seditious Ministers had been preached into an open Rebellion they in the moneth of September one thousand six hundered fourty and eight years without any lawfull Authority and not giving the Oath mentioned in the Commission of Parliament without which it was expresly provided they were not to have accesse to nor place in the Committee did usurpe to themselves the name and power of a Committee of Estates and having by their own Edicts declared all such persons as had given testimony of their duty and loyalty to the King to be uncapable of being Members of Parliament or of having voice in the Elections to the Parliaments They then without any lawfull Authority called a Packt meeting of Parliament to consist onely of persons of their own stamp and faction who accordingly met in January one thousand six hundred fourty and nine years and assuming to themselves the Soveraign Authority and Government of the Kingdom intended to establish and fix the power in their own persons for ever For which purpose having publickly declared against that necessary and just Engagement for His Majesties relief and restitution to His Royal Government Having approven all the oppositions and risings in Armes against the same and by Oath solemnly engaged themselves to a constant adherence thereunto Having for their assistance called in the Usurper Cromwel and a part of his Army Having by publick engagement given up the Honour and Safety of this ancient Kingdom to the English and declared that His Majesty should be oblieged to Ratifie that unworthy Act before any Treaty were with Him for His relief Having given order to their Commissioners to Protest against any agreement betwixt His Majesty and His Subjects in England in the Treaty at the Isle of Wight Having so far as in them lay weakned and dissolved the common Alleagiance of the Subjects to the King's Majesty by proclaiming His Right to the Crown with base restrictions and limitations and pressing the Subjects against their consciences to subscribe the same Having disowned His Majesties interest in the Quarrel betwixt them and the English who had invaded this Kingdom meerly to destroy His Majesties Interest in it Having taken the lives of some and forced others of His Majesties good Subjects of best quality to flie to Forraign parts for their safety Having fined confined imprisoned and seized upon the livelyhood of many Having put disgracefull characters and incapacities upon all who had witnessed any affection to His Majesties Government Having unjustly pronounced and with cruelty executed Sentences of Forfeiture against the lives and fortunes of such as from conscience of their duties did oppose them Having in their publick Meetings appointed that the innocent wives and children of these who offered to vindicate His Majesties Authority should be seized on and transported to Forraign Countries Having once and again sollicite their Brethren in England that such of this Kingdom as for ventering their lives for the King were then prisoners in England should be still kept prisoners as Pledges of the Peace Having thrust out of the Offices of State places of Judicatory and publick Trust all such as were willing to engage for His Majesties relief and restitution to His Government and put such in their places as did oppose the same Having laid on and raised great exactions and sums of money from the people and employed them for their own uses Having seized on His Majesties Revenews and bestowed them upon themselves and such others as were in open Opposition and Armes against Him Having also seized upon the Properties and due Rights of the Subjects and the Patronages by Law secured unto them And having by these and many such like Acts endeavoured to perpetuate themselves in their usurped Power they prorogated the Meetings of their pretended Parliaments from time to time substituting some of their Trustees for carrying on of their designs in the while And the Estates of Parliament having taken these proceedings unto their serious consideration Do find that there was no Law nor lawfull Authority for the Meetings of these pretended Parliaments and Committees of Estates But that the persons meeting therein did without any lawfull warrand and in contempt of His Majesties Authority usurpe the power to themselves And therefore the King's Majesty with advice and consent of His Estates of Parliament doth Rescind and Annull these pretended Meetings of Parliament and Committees above mentioned and all other Meetings of any pretended Parliaments or Committees flowing from the same and all Acts Deeds and Treaties done by them or their warrand Execepting alwayes all such Acts as were past in any Meeting of Parliament or Committee of Estates authorized by His Majesties presence and are not inconsistent with this present Act. And also Declares any Ratification which thereafter was past of those Meetings and Acts to have been void from the beginning Except in so far as is exprest in the Indempnity Declarations and Provisions after mentioned Yet notwithstanding of all these provocations the King's Majesty from His innate goodness being more desirous to reclaim His Subjects to their duty by Acts of Mercy then to reduce them by their too much deserved Censure Doth of His meer favour and grace with advice and consent foresaid Indempnifie all such persons who sat and acted in these pretended Parliaments and Committees or who acted in order thereunto or by vertue of and in obedience to the same To be in all time coming unquestioned in their lives and fortunes for these their actings Excepting such as shall be excepted
Parliament of this Kingdom by their several Acts of the eleventh and twenty fifth of January last have from the sense of their humble duty and in recognisance of His Majesties just Right Declared That it is an inherent Priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate Privy-Councellors and Lords of Session That the power of calling holding and dissolving of Parliaments and all Conventions and Meetings of the Estates doth soly reside in the Kings Majesty His Heirs and Successors and that as no Parliament can be lawfully kept without the special warrand and presence of the Kings Majesty or His Commissioner So no Acts nor Statutes to be past in any Parliament can be binding on the people or have the Authority and force of Laws without the special approbation of His Majesty or His Commissioner interponed thereto at the making thereof That the power of Armes making of Peace and War and making of Treaties and Leagues with Forreign Princes or States or at home by the Subjects among themselves doth properly reside in the Kings Majesty His Heirs and Successors and is their undoubted Right and their's alone And that it is high Treason in the Subjects of this Kingdom or any number of them upon whatsoever ground to rise or continue in Armes to maintain any Forts Garisons or Strengths to make Peace or War or to make any Treaties or Leagues with Forreigners or among themselves without His Majesties Authority first interponed thereto That it is unlawfull to the Subjects of whatsoever quality or function to convocat conveen or assemble themselves for holding of Councils Conventions and Assemblies to Treat Consult and Determin in any matters of State Civil or Ecclesiastick except in the ordinary Judgements or to make Leagues or Bonds upon whatsoever colour or pretence without His Majesties special consent and approbation had thereunto That the League and Covenant and all Treaties following thereupon and Acts or Deeds that do or may relate thereunto are not obligatory nor do infer any Obligation upon this Kingdom or the Subjects thereof to meddle or interpose by Armes or any seditious way in any thing concerning the Religion and Government of the Churches in England and Ireland or in what may concern the Administration of His Majesties Government there And that none of His Majesties Subjects should 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 publick Oaths concerning the Government of the Church or Kingdom And that none offer to renew or swear the same without His Majesties special warrand and approbation c. I do conform to the Acts of Parliament aforesaid Declare That I do with all humble duty acknowledge His Majesties Royal Prerogative Right and Power in all the particulars and in the manner aforementioned and that I do heartily give my consent thereto by these presents Subscribed by me at XII Act concerning the Judicial proceedings in the time of the late Vsurpers FOrasmuch since the year of GOD one thousand six hundred and fifty one the late Usurpers did take upon them to establish Judicatories superior and inferior within this Nation as Judges for Administration of Justice in place of the Judicatory of the Session formerly established by Law Commissioners for the Admirality Sheriffs of Shires Commissars Justices of Peace and other inferiour Courts In which Courts the people did in name of the Usurpers or under the notion of the Keepers of the Liberties prosecute and defend their several Causes and Interests these many years past And His Majesty considering that the matters agitate pursued and concluded were for the most part things of course belonging to the ordinary Judicatories formerly established in this Kingdom and being unwilling that the people should be put to any further trouble where Matters have been acted and Cases determined according to Law Therefore His Majesty with consent of the Estates of Parliament Declares That all and whatsoever Acts Interloquiters Decreets and Sentences made pronounced and given forth by the saids Courts superiour and inferiour with all execution thereupon and all execution by Horning Inhibition Caption Comprising Poynding and others to have been and to be valid and stand in full force notwithstanding of the unlawfulness of the Authority by which these Courts were held and the execution used But because the Judges or Commissioners for Administration of Justice did sometimes proceed in an arbitrary way contrair to Law and Justice and at other times many of them being strangers and ignorant of the Law did proceed unwarrantably and unjustly betwixt parties Therefore His Majesty with consent foresaid doth Declare That whatsoever person or persons hath any just reason to quarrel their Acts Interloquiters Decreets and Sentences they are hereby warranded and allowed to do the same without any Reduction or Suspension within the space of one year next after the down-sitting of the Session And if parties complainers be Minors within the space of year and day next after they shall attain the age of twenty one years compleat Parties alwayes being lawfully cited thereto And if any person or persons be charged under the pain of Horning Suspension shall be granted to them upon Caution or if they be not able to find Caution super cautione Juratoria And if it shall be found that the Complainer doth without any just ground unnecessarly vex the party complained upon in that case the Lords of the Session are hereby authorized to determine the parties damage and charges to be paid by the unjust Complainer Likeas all Decreets before the saids pretended Commissioners for Administration of Justice whether given in absence or parties compearand are hereby allowed to be brought in question revised and recognosced in manner foresaid And whereas there be many Processes as yet depending undecided upon Summons and Letters raised in the saids Usurpers names the same Processes shall be all wakned in His Majesties Name and be put to a final close by the Lords of Session as if they had been intended from the beginning in His Majesties Name and Authority And whereas any Acts or Decreets have been made or given forth in the Admiral Courts or any other inferiour Courts the same may be brought in question before the Lords of Session in the same forme and manner as was formerly established by the Law and Practick of this Kingdom And forasmuch as the said Usurpers did from time to time nominate and appoint Commissioners of Exchequer having the same power to passe all sorts of Writs Signators and others and to discusse Processes and Suspensions in the same manner as His Majesties Treasurer and Commissioners appointed by His Majesty had power to do Therefore His Majesty with advice and consent foresaid for the good and case of His people under the provisions underwritten doth Declare all and whatsoever Writs
who is to administer an Oath De fideli administratione to the remanent Commissioners at their first meeting and take the same himself and to appoint their own Collectors and other Officers except the Clerk who is to be named by the Clerk of Register and to modifie necessar Fees for the saids Collectors Clerks and other Officers and to sub-divide themselves for the more speedy and equal ordering of the said Excise With power also to them to establish Offices of Excise at which Offices the whole Brewers are hereby required to make their Entries at least once every moneth of their weekly brewing and by Miller Maltman Oath of party Witnesses or any other lawfull manner of way to disprove the Entries given in and to impose Fines upon the persons whose Entries shall be so disproven not exceeding the double of the value of the Malt conceal'd and to discern and determine in all cases and debates relating to the said Excise within their respective divisions and for that effect to use all lawfull manner of probation as said is And ordains generall Letters to be direct gratis upon the saids Commissioners their Decreets at the instance of the respective Collectors or otherwayes with power to the saids Commissioners to poynd and distreinȝie upon their own Decreets quarter upon the Deficients or imprison their persons till payment be made of the sums due by them as well principal as expences and which expences the saids Commissioners are hereby impowred to modifie And it is hereby Declared That there shall be no necessity to apprize the Goods of the Deficients at the Mercat Cross but that it shall be lawfull to apprize the same at the nearest Paroch Church And sicklike it is hereby Statute and Ordained That the Commissioners of the respective Shires and Burghs shall be and are oblieged to pay in their respective proportions of the said Shires and Burghs to such as are or shall be appointed by His Majesty to receive the same at four terms in the year viz. Whitsunday Lambmesse Mertimesse and Candlemesse by equall proportions beginning the first terms payment at Lambmess next for the three moneths of May June and July immediatly preceeding the same And which Commissioners are by these presents impowered to put in execution the whole forementioned Orders and Instructions for raising and inbringing of the said Excise for their relief As also the Kings Majesty with advice and consent of His Estates of Parliament gives power to the Lords of His Majesties Privy Council to nominate and appoint Commissioners of Excise in the respective Shires and Burghs upon the death or inability of any of the Commissioners above-named XV. Act Rescinding and Annulling the pretended Parliaments in the year 1640 1641 c. THe Estates 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 Kings 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 Dissolving of Parliaments and making of Laws the power of entering into Bonds Covenants Leagues and Treaties the power of raising Armes keeping of Strengths and Forts are Essential parts and Inseparable priviledges 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 it self which holds the Right of Kings to be Sacred and Inviolable hath been pretended unto for warrand of all these injurious Violations and Incroachments so publickly done and owned upon and against His Majesties just Power Authority and Government By making and keeping of unlawfull 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 Armes for the maintaining of the same And that not only without warrand but contrary to His Majesties express Commands And although the late Kings Majesty out of His meer grace and respects to this His native Kingdom and the peace and quiet of His people and for preventing the consequences which such a 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 fourty one to come into this Country and by His own presence at their pretended Parliaments and otherwayes to comply with and give way to many things neerly concerning the undoubted Interest and Prerogative of the Crown expecting that such unparallel'd Condiscentions should have made His Subjects ashamed of their former miscariages and the very thoughts thereof to be hatefull to them and their posterity for ever Yet such was the prevalency of the spirit of Rebellion that raged in many for the time that not content of that peace and happiness which even above their desires was secured to them nor of those many Grants of honour and profit by which His Majesty endeavoured 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 publick peace of the Kingdom of England For which purpose having joyned 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 moneth did far exceed what ever by the Kings Authority had been raised in a whole year levied Armes sent out Edicts requiring obedience unto their unlawfull 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 posterity and with their Army thus raised invaded His Majesties Kingdom of England and joyned with such as were in Armes against His Majesty there And thus maintaining their usurped power and violently executing the same against all Law Conscience Honour and Humanity have made themselves instruments of much