A New Magna Carta, Text
A New Magna Charta: Enacted and confirmed By the High and Mighty States, the Remainder of the LORDS and COMMONS, now ſitting at Weſtminſter, in Empty Parliament, under the Command and Wardſhip of Sir Thomas Fairfax, Lievtenant Generall Cromwell, (our preſent Soveraigne Lord the King, now reſiding at his Royall Pallace at White-Hall) and Prince Ireton his ſonne, and the Army under their Command.
Containing the many new, large and ample Liberties, Cuſtomes and Franchiſes, of late freely granted and confirmed to our Soveraigne Lord King Charles, his Heires and Succeſſors; the Church and State of England and Ireland, and all the Freemen, and Free-borne People of the ſame.
New Magna Charta, Cap. 29.
Omni vendemus, omni negabimus, aut differemus Iuſtitiam, vel recium.
Printed in the Yeere 1648.
A new Magna Charta.
FIrſt for the honour of Almighty God, and in purſuance of the ſolemne League and Covenant which we made in the preſence of Almighty God for the Reformation and defence of Religion, the honour and happineſſe of the King, and the peace and ſafety of the three Kingdomes of England, Scotland, and Ireland, we have granted, and by this our preſent Charter have conſirmed, That the Church of England ſhall be free to deny the perpetuall Ordinances of Jeſus Chriſt, to countenance ſpreading hereſies, curſed blaſphemies, and generall looſeneſſe and prophaneneſſe, and that all Lawes and Statutes formerly made againſt the aforeſaid offences for the puniſhment and reſtraining thereof ſhall be utterly repealed, that ſo all men may freely enjoy and profeſſe what Religion ſoever they pleaſe without reſtraint: And we will that all Archbiſhops, Biſhops, and their dependents ſhall be eternally ſuppreſſed, and all their Mannours, Lands and poſſeſſions ſold to defray and advance the Publique Faith. That all Miniſters ſhall be plundered and thruſt out of their livings and freeholds by our Committee of plundering Miniſters without Oath or legall tryall, upon bare informations of ſuch of their Pariſhioners who are indebted to them for Tythes, or have any Kinſman to preferre to their livings. And to ſupply the want of Miniſters, That all Officers, Souldiers, Coblers, Tinkers, and gifted Brethren and Siſters, ſhall freely preach, and propagate the Goſpell to the people, and new dip and rebaptize them without puniſhment.
Item. We will that the Kings Majeſties perſon be maintained, and his Authority preſerved, by ſeizing his Perſon at Holdenby with a party of horſe, and impriſoning him in the Army, indangering his life at Hampton Court, and by colour thereof conveighing him ſecretly into the Iſle of Wight, removing from him all his Attendants, diſpoſing of his Revenue, Children, Forts, Ships, Caſtles, and Kingdomes, and by this putting in execution theſe our Votes, That no more addreſſes be made from the Parliament to the King, nor any Letters or Meſſage received from him: That it ſhall be Treaſon for any perſons whatſoever to deliver any Meſſage to the King, or receive any Meſſages or Letters from him, without leave from both Houſes of Parliament: That a Committee draw up a Declaration to be publiſhed, to ſatisfie the Kingdome of the reaſon of paſſing theſe Votes, That ſo the world may beare witneſſe with our conſciences of our Loyalty, and that we have no thoughts or intentions to diminiſh His Majeſties juſt power and greatneſſe, according to the words of the ſolemne League and Covenant.
Item, We give and grant to the Freemen of the Realm theſe Liberties under written.
Firſt, that no Sheriffes ſhall make due returnes of the Citizens and Burgeſſes elected to ſerve in Parliament, nor make due Elections of Knights, nor in convenient time, nor the ableſt wiſeſt, nor diſcreeteſt ſhall be returned, but all fraud and deceit ſhall be uſed in Elections, and perſons not duly elected, nor elegible by Law ſhall be Members of the Houſe of Commons, and thoſe to be our ſonnes, kindred, ſervants, officers and ſuch as will comply with us.
Item, No Member ſhall ſit in the Houſe of Commons with freedome and ſafety that endeavours to ſettle Religion in the purity thereof, according to the Covenant, to mantaine the ancient and fundamentall Government of the Kingdome, or to preſerve the Rights and Liberties of the Subject, or that layes hold on the firſt oportunity of procuring a ſafe and well-grounded peace in the three Kingdoms, or that keeps a good underſtanding between the two Kingdomes of England and Scotland, according to the grounds expreſſed in the ſolemne League and Covenant.
And whoever offends againſt this Article, we will that ſuch Members be impeached of High Treaſon by the Army, ſuſpended the Houſe before any particular impeachment, forced to accuſe themſelves by ſtating their caſes for want of an accuſer, and witneſſes to prove them criminall, and at the laſt caſt out of the Houſe without anſwer, hearing the evidence, or privity of thoſe that elected them whoſe perſons they repreſent.
Item, We grant, that neither we nor any by colour of Authority derived from us ſhall interrupt the ordinary courſe of Juſtice in the ſeverall Courts and Judicatures of the Kingdome, nor intermeddle in cauſes of private intereſt otherwhere determinable, ſave onelyonly our Committees of Indempnities, plundered Miniſters, Complaints, Sequeſtrations, Excize and the Army, who ſhall judge and contradict the Lawes and Statutes of the Realme, vacate and repeale all Indictments, Verdicts, and Judgements given in Courts of Juſtice, impriſon all manner of perſons, and turne them out of their Freeholds, Eſtates, Goods, and Chattels without the lawfull judgement of their Peers, and againſt the fundamentall Lawes of the Land.
Item, we will and ordaine that the great and unuſuall payments impoſed upon the people, and the extraordinary wayes that were taken for procuring moneyes, ſhall (contrary to the truſt repoſed in us) be ſtill burthenſome, and daily increaſed more and more upon the people by our bare Votes and Ordinances, without the common conſent by Act of Parliament; and in caſe of refuſall, forcibly levyed by Troops of horſe and ſouldiers, according to the law of decolled Strafford, of all which moneyes our ſelves and Members will be ſole treaſurers and diſpoſers: Free-Quarter ſhall be ſtill tolerated, and countenance given by us to the exactions and extortions of the ſouldiers, to whom we have granted an Ordinance of Indempnity for all murders, fellonies, rapes, robberies, injuries and treſpaſſes committed by them, and all ſuch offences as they ſhall commit, to the end they may protect us againſt the clamours and complaints of the oppreſſed people either by Sea or Land: and we ordaine, that all Free-men ſhall henceforth be tryed onelyonly by Martiall and Committee Law, and impeached of new high Treaſon at our pleaſure, to conſiſcate their eſtates to our Exchequer.
Item, We will that ſuch perſons as have done valiantly, and dealt faithfully in the Parliaments cauſe according to the Declaration of England and Scotland, ſhall be publikely diſgraced and diſhonoured, and without cauſe thruſt from their commands and imployments both Civill and Martiall without pay, hearing conviction or reparation for their loſſes, and that the ſeverall and reſpective Lievtenants, Governours, and old Garriſon Souldiers of the Tower of London, Newcaſtle, Yorke, Briſtoll, Plymouth, Gloceſter, Exeter, Cheſter, Pendennis Caſtle and the Iſle of Wight be removed with diſgrace by our new Generaliſſimoes meere arbitrary power, notwithſtanding our former Votes and Ordinances for their particular ſettlement, and new mean ſeditious Sectaries of our confederacy put into their places.
Item, We will that a juſt difference be made between ſuch perſons as never departed from their Covenant and duty, and ſuch as were deteſtable Newtraliſts and oppreſſours of the people, and to that end we will, that the Commiſſion of the Peace be renewed at the pleaſure of our flying Speakers, who are to provide, that ſuch be omitted as agree not with the frame and temper of the Army and us their Lords and Commons ſitting at Weſtminſter, and others be added in their places who have complied with the enemy, and oppreſſed the people, and to that end we agree, that the Earle of Suffolke, Earle of Middleſex, William Lord Maynard, William Hicks, Knight and Baronet, John Parſons Knight, Richard Pigott Knight, Edward King Eſquire, Thomas Welcome Eſquire, and divers others be omitted, and that John Lockey, Thomas Welby, VVilliam Godfrey, Richard Brian, Sir Richard Earle Baronet, and others of that ſtamp be added, of whoſe integrity and faithfulneſſe Quere.
Item, We will that for the perpetuall honour of the Lords and Barons of this Realme, whoſe Anceſtors purchaſed for us with the expence of their lives and bloods from King John and Henry the third, the great Charter, that they ſhall from henceforth be impeached of High Treaſon, committed, impriſoned, and put out of the Houſe of Peers, and forfeit their lives and eſtates to our diſpoſing, if they defend that great Charter, the lives and Liberties of the Subjects and Parliament againſt a perfidious and rebellious Army, and us the fugitive Lords and Commons, who fled from our Houſes to the Army without cauſe, and there entred into a trayterous Covenant and Ingagement, to live and die with the Army, and to deſtroy the faithfull Members that ſtayed behind at Weſtminſter, and all the freedome of this and future Parliaments. And we will that henceforth there ſhall be no Houſe of Peers, diſtinct from Commons, but that all Peers and Peerage be for ever aboliſhed, and all great and rich mens eſtates levelled and made equall to their pooreſt neighbours, for the better reliefe and encouragement of the poor Saints.
Item, We will that the City of London ſhall have all her ancient Liberties and Cuſtomes in as full and ample manner as her Predeceſſors ever had, and for that end we will that the Army ſhall march in a Warlike manner towards that City, and paſſe like Conquerours in tryumph through the ſame. That all the Fortifications and Line about it ſhall be ſlighted and thrown downe, the Tower taken out of their hands, and put into our Generalls, and fortified to over-awe them; the Militia of the City changed and divided from that of Weſtminſter, and Southwarke, the Lord Mayor, Recorder, Aldermen and ſome leading men of the Common Counſell, by crafty, ſiniſter, and feigned informations, impeached of high Treaſon, and other great Miſdemeanours impriſoned and diſabled, and others by our appointment and nomination put into their places, and the Citizens and Common Counſell-men ſhall henceforth make no free Elections of Governours and Officers: That White-Hall, the Muſe, Minories, Ely-houſe and other places ſhall be made Citadells, that the Poſts and Chaines in the City and Suburbs be taken away, their Gates and Purcullices pulled downe, their Armes delivered into a common Magazine by our appointment, to diſable them from all future poſſibility of ſelfe-defence, or diſobedience to our imperiall commands, that ſo they may willingly deliver us up the remainder of their exhauſted treaſures and eſtates, when we ſee cauſe to require the ſame, and made as abſolute Freemen for all their expence of treaſure and blood in our defence, as our Engliſh Gally-ſlaves now are in Algier.
Item, We will that the command of the Navy and all ſhips at Sea, for the honour of this Nation and our owne, be committed into the hands and government of a Vice-Admirall, (without and againſt the conſent of the Lords) of late but a Skippers Boy, a common Souldier in Hull, a I eveller in the Army, impeached by the Generall for endeavouring to raiſe a mutiny at the late Rendevouz, and ſince that taken with a Whore in a Bawdy houſe, who rode downe in triumph to the Downes to take poſſeſſion of his place in a Coach and foure horſes, with a Trumpeter and ſome Troopers riding before and after it, ſounding the Trumpet in every Towne and Village as they paſſed, to give notice of his new Excellencies arrivall, and make the common people vaile Bonnet, and ſtrike ſale to his Coach, and at his late returne from the Iſle of Wight to the Downes was rowed from the ſhip to the Towne of Deale with the Enſigne in the ſterne, the Boatſwaine and all the Rowers bare headed, like ſo many Gally-ſlaves, (a new kind of ſtate which never any Lord-Admirall in England, though the greateſt Peer, yet tooke upon him, but the King onelyonly:) and to maintaine this new pompe and ſtate of his we will and ordain, that all Merchants, as well Natives as Forraigners, ſhall pay ſuch new Cuſtomes, Impoſitions, and Excize for all manner of goods and Merchandize whatſoever imported, or exported, as we in our arbitrary wiſdomes ſhall judge meet, under paine of forfeiture of all their ſaid goods and Merchandize, and ſuch other penalties as we ſhall impoſe.
Item, We will and ordaine for the eaſe and reliefe of the almoſt famiſhed poore in theſe times of dearth and decay of Trade, that Excize ſhall ſtill be paid by them, and every of them for every drop of ſmall beer they drinke, and for all oyles, dying ſtuffes, and Mercers wares they ſhall have occaſion to uſe about their Trades and Manufactures, and that the luſty young ſouldiers, who are able to worke and get their livings by the ſweat of their browes, ſhall ramble abroad through all the Kingdome, and like ſo many ſturdy rogues, take Free-quarter for themſelves, horſes and companions from place to place, refuſing to work, ſhall eat up all the proviſions in Gentlemens, Yeomens, Clothyers, and other rich mens houſes, who formerly relieved the impotent poore with their Almes, and the able with work.
Item, We will that William Lenthall our Speaker for the time being, ſhall have a Monopoly and plurality of all kind of Officers, for the maintenance of his ſtate and dignity, and recompence of his infidelity, in the deſerting the true Houſe of Commons, notwithſtanding the ſelfe-denying Ordinance to the contrary, and to this end we ordaine, that he ſhall be our perpetuall Speaker, and eternally take five pounds for every Ordinance that paſſeth the Commons Houſe, with all other incident (new exacted) fees and gratuities; that he ſhall with this his office enjoy the cuſtody and profits of the great Seale of England, the Dutchy of Lancaſter, together with the Maſterſhip of the Rolls, and as many other places as we ſhall be able to conferre upon him or his ſonne; and that his honoured brother Sir John Lenthall for his great affection to and care of the Subjects Liberties committed to his cuſtody, ſhall have free licence to ſuffer what priſoners he pleaſeth to eſcape out of priſon, and Sir Lewis Dives though Voted by us to be arraigned and tryed for high Treaſon this Terme, and all perſons lying in execution for debts to goe and lie abroad at their owne houſes, and make eſcapes at pleaſure to the defrauding of Creditors, without being proſecuted, or put out of his office for the ſame, provided they alwayes give him a good gratuity for this their liberty of eſcape.
Item, We will that our diſtreſſed Brethren in Ireland may enjoy the benefit of this our new great Charter, and all the liberties therein comprized, and that by vertue thereof the ſupplies, reliefs, men, moneyes, and the monethly Tax of ſixty thouſand pounds deſigned for them, ſhall be totally interrupted, miſimployed, and diverted by King Crumwell and Prince Jreton his ſon-in-law, to maintaine, pay and recruit their Supernumeraries and the Army here: That the noble and valiant Lord Inchequin who hath done ſuch gallant ſervice againſt the Rebells, ſhall be accuſed and blaſted in both our Houſes and Pamphlets, and mercenary Diurnall men for a Traytor, and Confederate with the Rebells, by the Lord Liſle and his confederates, who wears much of Irelands imbezelled treaſure on his back, and hath much more of it in his purſe, taking no leſſe then 10. l. or 15. l. a day, as Lord Deputy of that Realme, onelyonly for riding about London ſtreets in his Coach in ſtate, and victorious honeſt Col. Jones diſcountenanced, diſcouraged, and both of them removed this Spring from their commands, to advance the Independent cauſe, and godly party in that Realme.
Laſtly, all theſe new Cuſtomes and Liberties aforeſaid, which we have granted to be holden in our Realmes of England and Ireland, as much as appertaineth to us we ſhall obſerve: and all men of theſe Realmes, as well Nobles as Commons, ſhall enjoy and obſerve the ſame againſt all perſons in likewiſe. And for this our Gift and Grant of theſe Liberties, the Nobles and Commons are become our men from this day forward, of life and limb, and of earthly worſhip, and unto us ſhall be ſlaves and vaſſalls for ever; and we have granted further, that neither we nor any of us ſhall procure or do any thing, whereby all or any the Liberties in this Charter contained, ſhall be ever hereafter infringed or broken: and further we ordaine, that our Poſtmaſter Edmund Prideaux, one of our fugitive & Army-ingaged Members, who byfraud got into that office, and keeps it by force againſt common right, do ſend Poſts with Copies of this our Charter into all Counties, Cities and Places of our Dominions, for recompence of which ſervice he ſhall ſtill conciouſly enjoy that office, and that our Sheriffs, Committees, and newmade Juſtices cauſe the ſame to be ſpeedily publiſhed accordingly in all our Countrey-Courts, theſe being our witneſſes to this Charter.
William Lawd L. Archbiſhop of Canterbury,
Thomas Earl of Strafford,
Sir John Hotham Knight, Governour of Hull,
Lievtenant-Generall John Hotham,
All foure beheaded by our command at the Tower Hill for the breach of old Magna Charta and trecherie.
Nathanael Fines, condemned to loſe his head by a Councell of War for delivering up Briſtoll to our enemies, by us to be one of the Grand Committee forthe ſafety of this and yet ſpared Kingdome and Ireland, inſtead of the exploded Scotch Commiſſioners.
FINIS.
End of the text · William Prynne, A New Magna Carta (1648)