1660. 12 Car. 11. c. 30. Whereof they or any of them were seized on the 25th March, 1646. All their goods and personal estate vested in his Majesty. Whereof they were possessed on the 11 Feb. 1659. Sec 2. Proviso for convey ances by any of the offenders. ment, Hugh Peters, Francis Hacker, John Cook, Daniel Axtel, Sir Hardress Waller, William Heveningham, Isaac Pennington, Henry Martin, Gilbert Millington, Robert Tichbourn, Owen Row, Robert Lilburn, Henry Smith, Edmond Harvey, John Downs, Vincent Potter, Augustine Garland, George Fleetwood, Simon Meyne, James Temple, Peter Temple, Thomas Wayte, which they or any of them, or any other person or persons to their or any of their uses, or in trust for them or any of them, had the five and twentieth day of March in the year of your Lord one thousand six hundred forty and six, or at any time since, shall stand and be forfeited unto your Majesty, your heirs and successors: and shall be deemed vested and adjudged to be in the actual and real possession of your Majesty, without any office or inquisition thereof hereafter to be taken or found: and also that all and every the goods, debts and other the chattels personal whatsoever, of them the said Oliver Cromwell, Henry Ireton, John Bradshaw, Thomas Pride, whereof at the time of their respective deaths, they or any of them, or any other in trust for them or any of them, stood possessed in law or equity; and all the goods, debts and other the chattels personal whatsoever, of them the said John Lisle, William Say, Valentine Wauton, Edward Whalley, John Barkstead, Edmond Ludlow, Sir Michael Livesey, John Okey, John Hewson, William Goffe, Cornelius Holland, Thomas Challoner, William Cawley, Miles Corbet, Nicholas Love, John Dixwell, Andrew Broughton, Edward Dendy, Thomas Harrison, Adrian Scroop, John Carew, John Jones, Thomas Scot, Gregory Clement, Hugh Peters, Francis Hacker, John Cook, Daniel Axtel, Sir Hardress Waller, William Heveningham, Isaac Pennington, Henry Martin, Gilbert Millington, Robert Tichbourn, Owen Row, Robert Lilburn, Henry Smith, Edmond Harvey, John Downs, Vincent Potter, Augustine Garland, George Fleetwood, Simon Meyn, James Temple, Peter Temple, Thomas Wayte, Whereof upon the eleventh day of February one thousand six hundred fifty nine, they or any of them, or any other in trust for them or any of them, stood possessed either in law or equity; shall be deemed and adjudged to be forfeited unto, and are hereby vested and put into the actual and real possession of your Majesty, without any further office or inquisition thereof hereafter to be taken or found. II. Provided always, and be it enacted by the authority aforesaid, That no conveyance, assurance, grant, bargain, sale, charge, lease, assignment of lease, grants and surrenders by copy of court roll, estate, interest, trust or limitation of any use or uses, of or out of any manors, lands, tenements or 1660. Statutes, judgments, &c. before the 29th for money lent, &c. bona fide Sept. 1659, Conveyances before the 25th April, of the said in trust hereditaments, not being the lands nor hereditaments of the late King, Queen or Prince, or of any archbishop, bishops, 12 Car. II. deans, deans and chapters, nor being lands or hereditaments c. 30. sold or given for the delinquency or pretended delinquency of any person or persons whatsoever, by virtue or pretext of any act, order, ordinance, or reputed act, order or ordinance, since the first day of January one thousand six hundred forty and one; nor any statute, judgment or recognizance, had, made, acknowledged or suffered, to any person or persons, bodies politick or corporate, before the twenty ninth day of September one thousand six hundred fifty nine, by any of the offenders before in this act mentioned, or their heirs, or by any other person or persons claiming by, from or under them or any of them, other than the wife or wives, child or children, heir or heirs, of such person or persons or any of them, for money bona fide to them or any of them paid or lent; nor any conveyance, assurance, grant or estate made before the twenty fifth of April one thousand six hundred and sixty, by any person or persons to any of the offenders aforesaid, in trust, and for the benefit of any other person or persons not being any of the offenders aforesaid, or in trust for any bodies politick or corporate, shall be impeached, defeated, made void or frustrated hereby, or by any of the convictions and attainders aforesaid; but that the same shall be held and enjoyed by the purchasers, grantees, lessees, assigns, cestuy que use, cestuy que trust, and every of them, their heirs, executors, administrators and assigns respectively, as if this act had not been made, and as if the said offenders had not been by this act, or by any other course or proceedings of law, convicted or attainted; so as the said conveyances, and all and every the grants and assurances which by virtue of this act are and ought to be Such conheld and enjoyed as aforesaid, shall before the first of January which shall be in the year of our Lord one thousand six hundred sixty and two, be entered and enrolled of record in his Majesty's court of exchequer and not otherwise; any thing in this act herein before contained to the contrary in any wise notwithstanding. III. Provided always, and be it enacted by the authority aforesaid, That all and singular the manors, lands, tenements, and hereditaments, which at any time heretofore were the lands and possessions of Henry late marquess of Worcester, and Edward now marquess of Worcester, and Henry lord Herbert, son and heir apparent of the said Edward marquess of Worcester, or any of them; whereof or wherein the said Oliver Cromwell, or any other person or persons in trust for him or to 8. T. II. 4 1660 to any offenders. veyances to be enrolled in the Court of Exchequer before the first day of January, 1662. Proviso for the Marquis of 1660. 12 Car. II., c. 30. Sec. 3. Saving. Proviso for received and paid their rents to the offender. his use, or any other the persons attainted by this act or otherwise, or any person or persons in trust for them or any of them, had or claimed, or pretended to have any estate, right, title, possession or interest, at any time before or since the decease of the said Oliver Cromwel, shall be and are hereby are vested and settled in, and shall be held and enjoyed by the said marquess of Worcester and the said Henry lord Herbert, in such manner and form, and for such estate and estates, with such powers and privileges, as they formerly had in the same respectively; any thing in this present act contained, or any act, conveyance or assurance heretofore made or acknowledged by the said Edward marquess of Worcester, and Henry lord Herbert or either of them, unto the said Oliver Cromwel or any other person or persons in trust for or to the use of the said Oliver Cromwel or any act or conveyance made or done by the said Oliver Cromwel, or by any in trust for him, to any person whatsoever, to the contrary notwithstanding Saving always to all and every person and persons, bodies politick, and others, their respective heirs, successors, executors and administrators all such right, title and interest in law and equity, which they or any of them have or ought to have, of, into or out of any the premisses, not being in trust for any the said offenders, nor derived by, from or under the said offenders, since the twenty fifth day of March which was in the year of our Lord one thousand six hundred forty six; and that they the said person and persons, bodies politick and other, their respective heirs, successors, executors, and administrators and every of them, in all and every such case where his and their entry was lawful upon such offender or offenders, or the heirs or assigns of such offender or offenders, in or upon the said twenty fifth day of March one thousand six hundred forty and six, or at any time since, may without petition, monstrans de droit, ouster le maine, or other suit to his Majesty, enter on the premisses in his Majesty's possession or in the possession of his successors and patentees, their heirs or assigns, in such manner, to all intents, as he or they might have done on the possession of the said offenders, their heirs or assigns, in or upon the said twenty fifth day of March or at any time since; any thing in this act to the contrary in any wise notwithstanding. IV. Provided also, That all and every person or persons such as have which have received any of the rents or mean profits, of, in or out of any the lands, tenements and hereditaments, chattels real or possessions, of any the offender or offenders in this act mentioned, before the eleventh day of February one thousand six hundred fifty and nine, and have paid or accounted for the 1660. 12 Car. II. c. 30. same before the said eleventh day of February one thousand six hundred fifty and nine, unto the said offender or offenders or their assigns, or to any claiming from or under them, shall be clearly and for ever acquitted and discharged of and from the Sec. 4. same, against the King's majesty, his heirs and successors; any thing herein contained to the contrary notwithstanding. Richard Ingoldsby. V. Provided always, That it shall and may be lawful to Proviso for and for Richard Ingoldsby, to retain and keep, or otherwise to sell and dispose, all and singular the goods and chattels formerly belonging to Sir Hardress Waller in the Kingdom of Ireland, until two thousand pounds, for which the said Richard Ingoldsby in the year one thousand six hundred fifty eight stood jointly bound with the said Sir Hardress Waller, unto James Brooks of the city of York, alderman, and was then countersecured by a judgment upon his lands, and since by a deed of bargain and sale of the said goods and chattels in Ireland, be fully paid, together with the interest thereof, he the said Richard Ingoldsby accounting for, and paying the full overplus thereof, if any shall be, unto our sovereign lord the king, any thing herein before contained to the contrary notwithstanding.' Such was the Statute by which the victorious Royalists sought to punish the vanquished republicans for the death of Charles. For some two hundred years', while this Act remained on the Statute book, it was illegal to resist in any, even the slightest degree, the word of kings. It is doubtful if even in countries where the most absolute despotism prevails, any law can be found which states in more abject terms the respective duties of sovereigns and subjects. It is now the fashion to laugh at the views of the relations between sovereign and subject propounded by Sir Robert Filmer, but Sir Robert Filmer never placed the power of the Crown higher than this Statute declared it to be by the law of England. Another result followed from this Act: it enabled the Anglican clergy on every 30th January to hold up to the execration of every devout churchman the death of Charles. In every Anglican church and in every Anglican chapel in the land the members of the High Court of Justice were annually spoken of in almost the identical words that church uses in one of her most solemn collects when speaking of the men who betrayed her Lord to death. The result might have been foreseen, a reaction set in against this comparison of the members of the High Court of Justice to the members of the Sanhedrim, the regicides were soon regarded in a very different light from 1 It was repealed by 22 Vict. c. 2 (1859). 1660. 12 Car. II. c. 30. 1661. Second that in which the Act places them, not only by the different parties in the state, but by all except the most violent of the extreme high church party. The Act of Attainder was one of the last acts of the Convention Parliament. It shews that the government in its practice was more lenient than in its theories. The Act mentions some fifty persons, all of whom were attainted, but of these only thirteen were executed: having regard to the practice of wholesale executions which usually followed the suppression of a rebellion it cannot be said that these numbers were excessive, even taking into account all the circumstances of the restoration and the lapse of time that had taken place. The second Parliament of Charles met on the 1st May, 1661. It is sometimes called the Long Parliament, it having lasted Parliament. longer than any other English Parliament, seventeen years, eight months and sixteen days, till the 24th January, 1679, sometimes the Pensionary Parliament, as most of its members were in the French king's pay. At its meeting the House of Lords consisted of two dukes of the blood royal, three dukes, four marquises, fifty-six earls, eight viscounts, and sixty-nine barons, a total of 142; and the House of Commons of 507 Chancellor's members. It was at first strongly royalist. Lord Clarendon, the speech. Chancellor, in his speech approving of the speaker, said, "That monster Commonwealth cost this nation more in her few years than the monarchy in six hundred." The House of Commons at once appointed a committee "to examine the Journals of the Long Parliament and to report what is fit to be expunged, and also to consider a traitorous writing, The instrument of government." They resolved by 228 to 203 "that the instrument known as the Solemn League and Covenant be burnt by the common hangman," and also "that the traitorous cursed writings in Parliament the act for creating a High Court of Justice for trying and judging Charles Stewart, that constituting a Commonwealth, and others be burned by the common hangman.” The Lords Resolution of House of Commons. Roman ordered a bill to be brought in declaring the Long Parliament determined. On the 8th of June the Roman Catholics petitioned the House of Lords against the enforcement of the oath of allegiance and supremacy. On the 11th the Lords resolved that "nothing had been offered to move them to alter the oath.” Thus the Catholics found that all their services to royalty were to pass unrewarded. No idea of toleration seems yet to have existed. The session lasted from the 8th May to the 20th December. On that day in presenting a Money Bill the Speaker said to Charles, "Great Sir, it is our present comfort and will be our future glory that God has made us instrumental |