In order to which he doth in the first place profess and declare, that he will have no enemies but the enemies of the Covenant, and that he will have no friends but the friends of the Covenant. And therefore as he doth now detest and abhor all popery, superstition and idolatry, together with prelacy and all errors, heresy, schism and profaneness, and resolves not to tolerate, much less allow any of these in any part of his Majesty's dominions, but to oppose himself thereto, and to endeavour the extirpation thereof to the utmost of his power; So doth he as a Christian exhort, and as a King require that all such of his subjects who have stood in opposition to the Solemn League and Covenant and work of Reformation, upon a pretence of kingly interest, or any other pretext whatsoever, to lay down their ennity against the cause and people of God, and to cease to prefer the interest of man to the inte rest of God, which hath been one of those things that hath occasioned many troubles and calamities in these Kingdoms, and being insist ed into, will be so far from establishing of the king's throne, that it will prove an idol of jealousy to provoke unto wrath him who is King of Kings and Lord of Lords: The king shall always esteem them best servants, and most loyal subjects, who serve him and seek ha greatness in a right line of subordination uute God, giving unto God the things that are God's. and unto Cæsar the things that are Cæsar's, and resolveth not to love or countenance any, who have so little conscience and picty, as to follow his interests with a prejudice to the gos pel and the kingdom of Jesus Christ, which te looks not upon as a duty, but as flattery, and driving of self-designs, under a pretence of maintaining royal authority and greatness.

Though his Majesty as a dutiful son, be obliged to honour the memory of his royal father, and have in estimation the person of his mother, yet doth he desire to be deeplyhumbled and afflicted in spirit before God, because of his father's hearkening to and following evil counsels, and his opposition to the work of Reformation and to the Solemn League and Covenant, by which so much of the blood of the Lord's people hath been shed in these kingdoms. And for the idolatry of his mother, the toleration whereof in the king's house, as it was matter of great stumbling to all the Protestant churches, so could it not but be a high provocation against him who is a jealous God, visiting the sins of the fathers upon the children: And albeit his Majesty might extenuate his former carriage and actions, in following of the advice and walking in the way of those who are opposite to the Covenant, and to the work of God, and might excuse his delaying to give satisfaction to the just and necessary desires of the Kirk and Kingdom of Scotland, from his education and age, and evil counsel and company, and from the strange and insolent proceedings of sectaries against his royal father, and in reference to religion and the ancient vernment of the Kingdom of England, to which he hath the undoubted right of succession, yet knowing that he hath to do with God, he doth ingenuously acknowledge all his own sins and all the sins of his father's house, craving pardon, and hoping for mercy and reconciliation, through the blood of Jesus Christ. And as he doth value the constant addresses, that were made by his people to the throne of grace on his behalf, when he stood in opposition to the work of God, as a si gular testimony of long suffering patience and mercy upon the Lord's part, and loyalty upon theirs, so doth he hope, and shall take it as one of the greatest tokens of their love and affection to fun and to bis government, that they will continue in prayer and supplication to God for him, that the Lord who spared and preserved him to this day, notwithstanding of all his own guiltiness, may be at peace with him, and give him to fear the Lord his God, and to serve him with a perfect heart, and with a willing mind all the days of

his life.

go

And his Majesty having upon full persuasion of the justice and equity of all the heads and articles thereof, now sworn and subscribed the national Covenant of the Kingdom of Scotland, and the Solemn League and Covenant of the three Kingdoms of Scotland, England and Ireland, doth declare that he hath not sworn and subscribed these Covenants, and entered into the oath of God with his people, upon any sinister intention and crooked design for attaining his own ends, but so far as human weakness will permit in the truth and sincerity of lus heart, and that he is firmly resolved in the Lord's strength to adhere thereto, and to prosecute to the utmost of his power all the ends thereof, in his station and calling, really, constantly and sincerely all the days of his life:

II. His Majesty being convinced in conscience, of the exceeding great sinfulness and unlawfulness of that Treaty and Peace made with the bloody Irish Rebels, who treacherous ly shed the blood of so many of his faithful and loyal subjects in Ireland, and of allowing unto them the liberty of the Popish religion; for the which he doth from his heart desire to be deeply humbled before the Lord: And likewise considering how many breaches have been upon their part, doth declare the same to te void, and that his Majesty is absolved therefrom; being truly sorry that he should bare sought unto so unlawful help for restoring him to his throne, and resolving for the time to come, rather to choose affliction than sin.

III. As his Majesty did in the late frea ty with his people in this kingdom, agree to recal and annul all Commissions against any ef his subjects who did adhere to the Covenant, and monarchical government in any of his kingdoms; so doth he now declare, that by commissionating of some persons by sea, against the people of England, he did not intend da mage or injury to his oppressed and harmless subjects in that kingdom, who follow ther trade of merchandize in their lawful callings, but only the opposing and suppressing of those

and Catechism, but also the Propositions and Directory for Church Government, accorded upon by the Synod of Divines at Westminster, may be settled, and that the Church of Eng

who had usurped the government, and not only bar him from his just right, but also exercise an arbitrary power over his people, in those things which concern their persons, consciences and estates: And as since his coming into Scotland may enjoy the full liberty and freedom of land, he hath given no Commissions against any of his subjects in England or Ireland, so he doth hereby assure and declare, That he will give none to their prejudice or damage, and whatever shall be the wrongs of these usurpers, that he will be so far from avenging these upon any who are free thereof, by interrupting and stopping the liberty of trade and merchandise or otherwise, that he will seek their good, and to the utmost employ his royal power, that they may be protected and defended against the unjust violence of all men whatsoever. And albeit his Majesty desireth to construct well of the intentions of those (in reference to his Majesty) who have been active in counsel or arms against the Covenant; Yet being convinced that it doth conduce for the honour of God, the good of his cause, and his own honour and happiness, and for the peace and safety of these kingdoms, that such be not employed in places of power and trust, he doth declare, that he will not employ nor give Commissions to any such, until they have not only taken or renewed the Covenant, but also have given sufficient evidences of their integrity, carriage, and affection to the work of Reforma- | tion, and shall be declared capable of trust by the parliament of either kingdom respective: And his Majesty upon the same grounds, doth hereby recal all Commissions given to any such persons; conceiving all such persons will so much tender a good understanding betwixt him and his subjects, and the settling and preserving a firm peace in these kingdoms, that they will not grudge nor repine at his Majesty's resolutions and proceedings therein, much less upon discontent act any thing in a divided way unto the raising of new troubles; especially since upon their pious and good deportment, there is a regress left unto them in manner above expressed.

And as his Majesty hath given satisfaction to the just and necessary desires of the Kirk and Kingdom of Scotland, so doth he hereby assure and declare, that he is no less willing and desirous to give satisfaction to the just and necessary desires of his good subjects in England and Ireland; and in token thereof, if the houses of parliament of England sitting in freedom, shall think fit to present unto him the propositions of peace agreed upon by both kingdoms, he will not only accord to the same and such alterations thereanent, as the houses of parliament in regard of the constitution of affairs, and the good of his Majesty and his Kingdoms, shall judge necessary, but do what is further necessary for prosecuting the ends of the Solemn League and Covenant, especially in those things which concern the Reformation of the Church of England, in doctrine, worship, discipline, and government; that not only the Directory of Worship, the Confession of Faith

all assemblies and power of kirk censures, and of all the ordinances of Jesus Christ according to the rule of his own Word, and that whatsoever is commanded by the God of heaven, may be diligently done for the house of the God of heaven. And whatever heretofore hath been the suggestions of some to him, to render his Majesty jealous of his parliament, and of the servants of God; yet as he hath declared, that in Scotland he will hearken to their counsel, and follow their advice in those things that concern that kingdom and kirk; So doth he also declare his firm resolution to manage the government of the kingdom of England, by the advice of his parliament, consisting of an house of lords, and of an house of commons there, and in those things that concern religion to prefer the counsels of the ministers of the gospel, to all other counsels whatsoever; And that all the world may see how much he tenders the safety of his people, and how precious their blood is in his sight, and how desirous be is to recover his crown and government in England by peaceable means, as he doth esteem the service of those who first engaged in the Covenant, and have since that time faithfully followed the ends thereof, to be duty to God, and loyalty to him; So is he willing in regard of others, who have been involved in these late commotions in England against religion and government, to pass an Act of Oblivion, excepting only some few in that nation, who have been chief obstructers of the work of Reformation, and chief authors of the change of the government, and of the murder of his roval father; Provided, that these who are to have the benefit of this act lay down arms, and return unto the obedience of their lawful sovereign.

The Committee of Estates of the kingdom, and General Assembly of the Kirk of Scotland, having declared so fully in what concerns the sectaries, and the present designs, resolutions, and actings of their army against the kingdom of Scotland, and the same Committee and Assembly having sufficiently laid open public dangers and duties both upon the right hand, and upon the left: It is not needful for his Majesty to add any thing thereunto, except that in those things be doth commend and approve them, and that he resolves to live and die with them and his loyal subjects, in prosecution of the ends of the Covenant.

And whereas that prevailing party in Eng land, after all their strange usurpations and in solent actings in that land, do not only keep his Majesty from the government of that king dom by force of arms, but also have now in saded the kingdom of Scotland, who have deserved better things at their hands, and against whom they have no just quarrel, his Majesty doth therefore desire and expect that ali his good subjects in England, who are and resolve

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free pardon, in case they perform the conditions above required. Given at Paris, the 3rd of May 1654. [N. S.]

What Clarendon says of the opinion of some that "conditions of security should be agreed on," is explained by a passage in Burnet's Summary of Affairs, before the Restoration :

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prove, he said once in great wrath to chancellor Hyde, it was to him they owed all they either felt or feared; for if he had not possessed them in all his letters with such an opinion of the king, they would have taken care to have put it out of his power either to do himself or them any mischief, which was like to be the effect of their trusting him so entirely. Hyde answered, that he thought the king had so true a judgment and so much good nature, that when the age of pleasure should be over, and the idleness of his exile, which made him seek new diversions for want of other employment, was turned to an obligation to mind affairs, then he would have shaken off those entanglements."

"I need not open the scene of the new parliament, (or convention, as it came afterwards to be called, because it was not summoned by the king's writ:) Such unanimity appeared in their proceedings, that there was not the least dispute among them, but upon one single point. Yet that was a very important one. Hale, afterwards the famous Chief Justice, moved that It is true that in the confusions which suba committee might be appointed to look into sisted after the deposition of Richard Cromthe propositions that had been made, and the well, the thoughts of the nation in general were concessions that had been offered by the late directed to the calling in of Charles the second, as king during the war, particularly at the treaty the most easy, safe, and certain method of estab→ of Newport, that from thence they might di- lishing permanent tranquillity, yet the co-operagest such propositions as they should think fit tion of the army in that measure, which certainto be sent over to the king. This was second-ly could not have been effected without that ed, but I do not remember by whom. It was foreseen, that such a motion might be set on foot: So Monk was instructed how to answer it, whensoever it should be proposed. He told the house, that there was yet, beyond all men's hope, an universal quiet all over the nation; but there were many incendiaries still on the watch, trying where they could first raise the flame. He said, he had such copious informations sent him of these things, that it was not fit they should be generally known: He could not answer for the peace, either of the nation or of the army, if any delay was put to the sending for the king: What need was there of sending propositions to him? Might they not as well prepare them, and offer them to him, when he should come over? he was to bring neither army nor treasure with him, either to fright them or to corrupt them. So he moved, that they would immediately send commissioners to bring over the king; And said, that he must lay the blame of all the blood or mischief that might follow on the heads of those, who should still insist on any motion that might delay the present settlement of the nation. This was echoed with such a shout over the house, that the motion was no more insisted on.

"This was indeed the great service that Monk did. It was chiefly owing to the post he was in, and to the credit he had gained: For as to the Restoration itself, the tide run so strong, that he only went into it dexterously enough, to get much fame, and great rewards, for that which will still have a great appearance in history. If he had died soon after, he might have Leen more justly admired, because less known, and seen only in one advantageous light: But he lived long enough to make it known, how false a judgment men are apt to make upon outward appearance. To the king's coming in without conditions may be well imputed all the errors of his reign. And when the earl of Southampton came to see what he was like to

co-operation, was extremely doubtful; so that it may be questioned by those who most highly respect the good intentions of the upright and patriotic Hale, whether his motion, mentioned by Burnet, was upon the whole expedient. Some delay it must have produced; and if high debates had arisen, in the course of digesting the propositions, it is by no means improbable that the Restoration might have been prevented. Mr. Burke well observes, that "The king did not in reality grant an act of indemnity; the prevailing power, then in a manner the nation, granted an indemnity to him. The idea of a preceding rebellion, was not at all admitted in that convention, and that parliament. The Regicides were a common enemy and as such given up." Remarks on the Policy of the Allies, 7th vol. of his works, octavo edition 1808. p. 196. In another place he says: "The man given to us by Monk, was a man without any sense of his duty as a prince; without any regard to the dignity of his crown; without any love to his people; dissolute, false, venal, and destitute of any positive good quality whatsoever, except a pleasant temper, and the manners of a gentleman. Yet the Restoration of our monarchy even in the person of such a prince, was every thing to us, for without monarchy in England, most certainly we never can enjoy either peace or liberty." Letter to a Member of the National Assembly, 6th vol, of his Works, octavo edition, 1808, p. 46.

A very curious Pamphlet respecting the State of England, printed in the year 1659, has in this year (A. D. 1809) been republished by the very learned and indefatigable Baron Maseres, in a volume of " Occasional Essays." The title of the pamphlet is, "The Interest of England stated; Or a Faithful and Just Account of the Aims of All Parties now Pretending, distinctly treating of the Designments of the Roman Catholic, the Royalist, the Presbyterian, the Anabaptist, The Army, The Late Protector, the

Parliament, with their Effects in respect of were brought to trial; and the next day to Themselves, of One Another, and of the Pub-proceed to trial with one or more of them tolic; clearly evidencing the unavoidable Ruin gether, as should be thought fit upon the place. upon all, from Longer Contest; and offering an 3. It was resolved that any of the king's Expedient for the Composure of the Respective counsel might privately manage the Evidence Differences to the Security, and Advantage not to the Grand Inquest, in order to the finding of only of every Single Interest, but to the bringing the Bill of Indictment, and agreed that it should Solid Lasting Peace unto the Nation." The be done privately; it being usual in all cases, "Expedient" was the calling in of Charles the that the prosecutors upon indictments are adsecond, of whom a most favourable representa- mitted to manage the evidence for finding the tion is given in the pamphlet. Some very shrewd bill, and the king's counsel are the only prosereflections concerning the Restoration are to be cutors in the king's case; for he cannot profound in a 30th of January sermon, preached secute in person.* before the Lords, by the great bishop Butler.

RESOLUTIONS OF THE JUDGES UPON THE
CASE OF THE REGICIDES.

(From Kelyng's Reports.)

4. It was resolved, that the indictments should be, for compassing the death of the late king, (the very compassing and imagining of the king's death, being the treason within the statute 25 Edw. 3,†) and then that

*Upon the Indictment of Hardy and others for Treason, A. D. 1794, the Solicitor for the Crown attended the Grand Jury for the like purpose, at the desire of the Grand Jury and by leave of the Court. [From the information of Mr. Clarkson, the Attorney employed for Hardy.]

In the Case of the earl of Shaftsbury, A.D. 1681, post, the two Chief Justices, Pemberton and North, said, that it had always been the practice to examine the witnesses before the grand jury in public, whenever it had been requested by those who prosecuted for the king. Mr. Christian apprehends that to be the last instance of such a procedure. See 4 Blackst. Com. 303. 15 Ed. Note 1.

After the happy Restoration of king Charles the Second, to his right of the Crown of England, which was in May, 1660, several persons who were apprehended for the murder of his father, were now to be indicted for that horrid treason, and in order thereto, the then judges, who, at that time, were only the lord Bridgman, then Chief Baron of the Exchequer; justice Foster, and justice Hide, then Judges of the Common Pleas, and justice Mallet, then Judge of the King's-Bench, met several times at Serjeant's-ion, in Fleet-street, with sir Geoffry Palmer, the King's Attorney, and sir Heneage Finch, the King's Solicitor, sir Edward Turner, Attorney to the Duke of York; Mr. Wadham Windham, of Lincoln's-inn, and myself, being by special order to attend that service as counsel for the king, there being then no king's serjeant, but serjeant Glanvil, serjeant to the late king, who was then old and infirm: andmitting counsel to a grand jury hath been; I in order to the proceeding in that great affair, I was appointed to make as many queries as I thought fit to be advised upon; which I did accordingly, and upon them, these things following were resolved.

"I know not," says sir John Hawles in his Remarks on Colledge's Case, A. D. 1681, posí, "how long the practice in that matter of ad

am sure it is a very unjustifiable and unsuffer able one. If the grand jury have a doubt in point of law, they ought to have recourse to the court, and that publicly and not privately; and not rely on the private opinion of counsel, especially king's counsel, who are, or at least behave themselves as if they were, parties."

War:"

THE STATUTE OF TREASONS.

[The proceedings in Parliament, in 3 Rich. 2, 3 Parl, Ro. p. 75, describe it as the Statute made for declaration of Treason.]

1. That it was better to try those traitors at the Sessions at Newgate by Commission of Gaol-Delivery, than only by Special Commis- The following are the words of the Statute, sion of Oyer and Terminer, because then they to which are subjoined a translation published might be proceeded against more speedily, and by Mr. Luders in his "Considerations on the arraigned and tried immediately, by the Com-Law of High Treason in the Article of Levying mission of Gaol-Delivery, and Tales might be immediately returned at the Gaol-Delivery. And accordingly writs were ordered to be made and sent to the lieutenant of the Tower, in whose custody the prisoners then were, to deliver them to the sheriffs of London, and writs to the sheriffs of London to receive them, that "Auxint, Pur ceo qe diverses opinions ount they might be in Newgate; which was done este einz cez heures, qeu cas, quant il avient, accordingly. Aud because by an Act of Parliament or Convention which sat at the king's doit estre dit Treson, et en quel cas noun, is coming in, English proceedings were continued Roi, à la requeste des Seignurs et de la Com munalte, ad fait declarissement q- ensuite; cest until Michaelmas now close at hand, but not yet come; therefore those writs to the lieute-assavoir, En cas quant homme fait compaser ou nant of the Tower and sheriff of London were ymaginer la mort nostre Seignur le Roi, Maordered to be in English.

2. It was agreed that all the prisoners should be arraigned the first day, before any of them

The Original French.

That of the printed Parliament Rell is fol lowed where there might be doubt. See 2 Parl, Ro. 239.