Charles II, 1660
An Act for the Attainder of severall persons guilty of the horrid Murther of his late Sacred Majestie King Charles the first.

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History of Parliament Trust

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John Raithby (editor)

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1819

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288-290

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'Charles II, 1660: An Act for the Attainder of severall persons guilty of the horrid Murther of his late Sacred Majestie King Charles the first.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 288-290. URL: http://www.british-history.ac.uk/report.aspx?compid=47278 Date accessed: 16 April 2014. Add to my bookshelf


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The Murder of King Charles I. how contrived.

Yearly Anniversary of Humiliation on 30th Jan. for ever.; The Attainder of the Persons actively instrumental in the Murder of His late Majesty.; The Names of Persons tried and legally attainted.; The Ten Persons executed.; The Persons fled.; The Persons dead before they could be brought to Trial, attainted.; The Persons fled attainted.; Their Lands, Tenements, &c. whereof they were seized, or any for them, 25th March 1646, forfeited, and vested in His Majesty.; All their Goods and personal Estates forfeited, and vested in His Majesty.; whereof they were possessed, or any for them, 11th Feb. 1659.; .

In all humble manner shew unto Your most Excellent Majestie Your Majestyes most duty full and loyall Subjects the Lords and Commons in Parliament assembled That the Horrid and Execrable Murder of Your Majestyes Royall Father our late most Gratious Soveraigne Charles the First of ever blessed and glorious memory hath beene committed by a party of wretched men desperately wicked and hardened in their impietie, who haveing first plotted and contrived the ruine and distruction of this excellent Monarchy, and with it of the true Reformed Protestant Religion which had beene soe long protected by it and flourished under it, found it necessary in order to [their (fn. 1) ] carrying on of their pernitious and traiterous designes to throw downe all the Bulwarks and Fences of Law, and to subvert the very being and constitution of Parliament that soe they might at last make their way open for any further attempts upon the Sacred person of his Majestie himselfe, And that for the more easy effecting thereof they did first seduce some part of the then Army into a compliance and then kepte the rest in subjection to them partly for hopes of preferment and cheifely for feare of looseing their imployments and arreares untill by these and other more odious arts and devices they had fully strengthened themselves both in power and faction, which being done they did declare against all manner of Treaties with the person of the King even then while a Treaty by advice of both Houses of Parliament was in being remonstrate against the Houses of Parliament for such proceedings, seize upon His Royall person while the Commissioners were returned to the House of Parliament with his Answere, and when his concessions had beene voted a ground for peace, seize upon the House of Commons seclude and imprison some Members force out others and there being left but a small remnant of their owne Creatures (not a tenth part of the whole) did seeke to shelter themselves by this weake pretence under the name and authoritie of a Parliament, and in that name laboured to prosecute what was yet behinde and unfinished of their long intended Treason and Conspiricie, To this purpose they prepared an Ordinance for erecting a prodigious and unheard of Tribunall which they called An High Court of Justice for tryall of his Majestie and haveing easily procured it to passe in their House of Commons as it then stood moulded ventured to send it up from thence to the Peeres then sitting who totally rejected it, whereupon their rage and fury increasing they presume to passe it alone as an Act of the Commons and in the name of the Commons of England, and haveing gained the pretence of Law made by a power of their owne makeing pursue it with all possible force and cruelty untill at last upon the thirtyeth day of January One thousand six hundred forty and eight His Sacred Majestie was brought unto a Scaffold and there publiquely murthered before the Gates of his owne Royall Pallace, And because by this horred action the Protestant Religion hath received the greatest wound and reproach and the people of England the most insupportable shame and infamy that it was possible for the enimies of God and the King to bring upon us whilst the Fanatick Rage of a few Miscreants (who were as farr from being true Protestants as they were from being true Subjects) stands imputed by our Adversaries to the whole Nation, We therefore your Majestyes said dutyfull and loyall Subjects the Lords and Commons in Parliament assembled doe hereby renounce abominate and protest against that Impious Fact, the execrable Murther and most [unparreled (fn. 2) ] Treason committed against the Sacred person and life of our said late Soveraigne Your Majestyes most Royall Father, and all proceedings tending thereunto, And doe beseech Your most Excellent Majestie that it may be declared, And be it hereby declared That by the undoubted and Fundamentall Lawes of this Kingdome, neither the Peeres of this Realme nor the Commons nor both together in Parliament or out of Parliament, nor the people collectively or [presentatively (fn. 3) ] nor any other persons whatsoever ever had hath have or ought to have any coercive power over the persons of the Kings of this Realme, And for the better vindication of our selves to posteritie, and as a lasting Monument of our otherwise inexpressible detestation and abhorrency of this villanous and abominable Fact We doe further beseech Your most Excellent Majestie that it may be Enacted, And bee it hereby Enacted by the Kings most Excellent Majestie by and with the advice and consent of the Lords and Commons in this present Parliament assembled That every thirtyeth day of January unlesse it falls out to be upon the Lords day and then the day next following shall be for ever hereafter sett apart to be kepte and observed in all the Churches and Chappells of these Your Majestyes Kingdomes of England and Ireland Dominion of Wales and Towne of Berwicke upon Tweede and the Isles of Jersey and Guernsey and all other Your Majestyes Dominions as an Anniversary day of Fasting and Humiliation to implore the mercy of God that neither the guilt of that Sacred and Innocent Blood, nor those other sinns by which God was provoked to deliver up both us and our King into the hands of cruell and unreasonable men may at any time hereafter be visited upon us or our posterity, And whereas Oliver Cromwell deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased John Lisle William Say resse Waller Valentine Wauton Thomas Harrison Edward Whalley William Heveningham Isaac Pennington Henry Martin John Barkstead Gilbert Millington Edmond Ludlow Sir Michael Livesey Robert Tichborne Owen Rowe Robert Lilborne Adrian Scroope John Oakey John Hewson William Goffe Cornelius Hollond Thomas Challoner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas Wogan Edmond Harvey Thomas Scot William Cawley John Downes Nicholas Love Vincent Potter Augustine Garland John Dixwell George Fleetwood Simon Meyne James Temple Peter Temple Daniell Blagrave Thomas Waite John Cooke Andrew Broughton Edward Dendy William Hewlet Hugh Peters Francis Hacker Daniel Axtell are notoriously knowne to have beene wicked and active Instruments in the prosecution and compassing that traiterous Murther of His late Majesty for which the said Sir Hardresse Waller Thomas Harrison William Heveningham Isaac Pennington Henry Martin Gilbert Millington Robert Tichborne Owen Rowe Robert Lilborne Adrian Scroope John Carew John Jones Henry Smith Gregory Clement Edmond Harvey Thomas Scot John Downes Vincent Potter Augustine Garland George Fleetwood Simon Meyne James Temple Peter Temple Thomas Waite John Cooke William Hewlet Hugh Peters Francis Hacker and Daniell Axtell have already received their tryall at Law and by Verdict, or their owne Confession have beene convicted, and by Judgement of Law thereupon had doe now stand duely and legally attainted, of whom, ten persons that is to say Thomas Harrison Adrian Scroope John Carew John Jones Thomas Scot Gregory Clement John Cooke Hugh Peters Francis Hacker and Daniell Axtell have most deservedly suffered the paines of death and beene executed according to Law and the said John Lisle William Say Valentine Wauton Edward Whalley John Barkstead Edmond Ludlow Sir Michaell Livesey John Oakey John Hewson William Goffe Cornelius Holland Thomas Challoner Miles [Corbert (fn. 4) ] William Cawley Nicholas Love John Dixwell Daniell Blagrave Andrew Broughton and Edward Dendy are fled from Justice, not dareing to abide a Legall Tryall May it therefore please Your Majestie that it may be Enacted And be it Enacted by Authority of this present Parliament That the said Oliver Cromwell deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased shall by vertue of this Act be adjudged to be convicted and attainted of High Treason to all intents and purposes as if they and every of them respectively had beene attainted in their lives, And alsoe that John Lisle William Say Valentine Wauton Edward Whally John Barkstead Edmond Ludlow Sir Michaell Livesey John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner William Cawley Miles [Corbert (fn. 4) ] Nicholas Love John Dixwell Daniell Blagrave Andrew Broughton Edward Dendy and every of them stand and be adjudged and by Authority of this present Act convicted and attainted of High Treason, And that all and every the Mannours Messuages Lands Tenements Rents Reversions Remainders Possessions Rights Conditions Interests Offices Fees Annuities and all other the Hereditaments Leases for yeares Chattells reall and other things of that nature whatsoever they be of them the said Oliver Cromwell Henry Ireton John Bradshaw Thomas Pride John Lisle William Say Valentine Wauton Edward Whalley John Barkstead Edmond Ludlow Sir Michaell Livesey John Oakey John Hewson William Goffe Cornelius Holland Thomas Challoner William Cawley Miles [Corbert (fn. 4) ] Nicholas Love John Dixwell Daniell Blagrave Andrew Broughton Edward Dendy Thomas Harrison Adrian Scroope John Carew John Jones Thomas Scot Gregory Clement Hugh Peters Francis Hacker John Cooke Daniell Axtell Sir Hardresse Waller William Heveningham Isaac Pennington Henry Martin Gilbert Millington Robert Tichborne Owen Rowe Robert Lilborne Henry Smith Edmond Harvey John Downes Vincent Potter Augustine Garland George Fleetwood Simon Meyne James Temple Peter Temple Thomas Waite 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 twentyeth day of March in the yeare of our Lord One thousand six hundred forty and six or at any time since shall stand and be forfeited unto Your Majestie Your Heires and Successors and shall bee deemed vested and adjudged to be in the actuall and reall possession of Your Majesty without any Office or Inquisition thereof hereafter to be taken or found, And alsoe that all and every the Goods Debts and other the Chattells personall whatsoever of them the said Oliver Cromwell Henry Ireton John Bradshaw Thomas Pride whereof at the time of their respective deathes 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 Chattells personall whatsoever of them the said John Lisle William Say Valentine Wauton Edward Whalley John Barkestead Edmond Ludlow Sir Michael Livesey John Oakey John Hewson William Goffe Cornelius Holland Thomas Challoner William Cawley Miles Corbet Nicholas Love John Dixwell Andrew Broughton Edward Dendy Thomas Harrison Adrian Scroope John Carew John Jones Thomas Scot Gregory Clement Hugh Peters [John Cooke Francis Hacker (fn. 5) ] Daniell Axtell Sir Hardresse Waller William Heveningham Isaac Pennington Henry Martin Gilbert Millington Robert Tichborne Owen Rowe Robert Lilborne Henry Smith Edmond Harvey John Downes Vincent Potter Augustine Garland George Fleetwood Simon Meine James Temple Peter Temple Thomas Wayte whereof upon the Eleaventh 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 bee deemed and adjudged to be forfeited unto and are hereby vested and putt into the actuall and reall possession of Your Majestie without any further Office or Inquisition thereof hereafter to be taken or found.

II. Proviso for Conveyances by any of the Offenders.; Exception; and for Statutes, Judgments, &c. before 9th Sept. 1659;; and for Money bona fide lent, &c. and Conveyances made before 25th April 1660 to any the said Offenders in Trust

Such Conveyances to be enrolled in the Court of Exchequer before 1st Jan. 1662.

Provided allwayes and be it Enacted by the Authoritie aforesaid That noe Conveyance Assurance Grant Bargaine Sale Charge Lease Assignment of Lease Grants and Surrenders by Coppy of Court Roll Estate Interest Trust or limitation of any Use or Uses of or out of any Mannors Lands Tenements or Hereditaments not being the Lands [nor Hereditaments (fn. 6) ] of the late King Queene or Prince or of any Arch Bishops Deanes Deanes and Chapters, nor being Lands or Hereditaments sold or given for the delinquency or pretended delinquency of any person or persons whatsoever by vertue 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 Judgement or Recognizance had made [acknowledged (fn. 6) ] or suffered to any person or persons Bodyes Pollitique 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 Heires, or by any other person or persons claiming by from or under them or any of them other then the wife or wives childe or children heire or heires 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 Aprill One thousand six hundred and sixtie 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 Bodyes Pollitique 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 Assignes Cestuy que use Cestuy que trust and every of them their Heires Executors Administrators and Assigns respectively as if this Act had not beene made, and as if the said Offenders had not beene by this Act, or by any other course or proceedings of Law convicted or attainted soe as the said Conveyances and all and every the Grants and Assurances which by vertue of this Act are and ought to be held and enjoyed as aforesaid shall before the First of January which shall be in the yeare of our Lord One thousand six hundred sixty and two be entred and enrolled of Record in His Majestyes Court of Exchequer and not otherwise Any thing in this Act herein before contained to the contrary in any wise notwithstanding.

III. Proviso for the Marquis of Worcester, &c.

Provided alwayes and be it Enacted by the Authoritie aforesaid That all and singular the Mannours Lands Tenements and Hereditaments which at any time heretofore were the Lands and Possessions of Henry late Marquesse of Worcester and Edward now Marquesse of Worcester and Henry Lord Herbert Sonne and Heire Apparent of the said Edward Marquesse 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 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 Cromwell shall be and hereby are vested and setled in, and shall be held and enjoyed by the said Marquesse of Worcester and the said Henry Lord Herbert in such manner and forme and for such Estate and Estates with such Powers and priviledges 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 Marquesse of Worcester and Henry Lord Herbert or either of them unto the said Oliver Cromwell, or any other person or persons in trust for or to the use-of the said Oliver Cromwell, or any Act or Conveyance made or done by the said Oliver Cromwell or by any in trust for him to any person whatsoever to the contrary notwithstanding.

IV. General Saving.

Saveing alwayes to all and every person and persons Bodyes Pollitique and others their respective Heires 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, in, to 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 yeare of our Lord One thousand six hundred forty six, And that they the said person and persons Bodyes Pollitique and other, their respective Heires Successors Executors and Administrators and every of them in all and every such case where his and their Entry was lawfull upon such Offender or Offenders or the Heires or Assignes of such Offender or Offenders in or upon the said twenty fifth day of March One thousand six hundred forty & six or at any time since may without Petition Monstrans de droyt Ouster le maine or other Suite to His Majestie enter on the Premisses in His Majestyes Possession, or in the possession of His Successors and Patentees their Heires or Assignes in such manner to all intents as he or they might have done on the possession of the said Offenders their Heires or Assignes 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.

V. Proviso for such as have received and paid Rents, &c. to the Offenders.

Provided alsoe That all and every person and persons which have received any of the Rents or meane proffitts of in or out of any the Lands Tenements and Hereditaments Chattells reall 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 accompted for the same before the said Eleventh day of February 1659 (fn. 7) ] unto the said Offender or Offenders or their Assignes, or to any claiming from or under them shall be clearely and for ever acquitted and discharged of and from the same against the Kings Majestie His Heires and Successors Any thing herein contained to the contrary notwithstanding.

VI. Proviso for Richard Ingoldsby as to Goods, &c. of Sir Hardress Waller in Ireland.

Provided alwayes That it shall and may be lawfull to and for Richard Ingoldsby to retaine and keepe or otherwise to sell and dispose all and singular the Goods and Chattells formerly belonging to Sir Hardresse Waller in the Kingdome of Ireland untill two thousand pounds for which the said Richard Ingoldsby in the yeare One thousand six hundred fifty eight stood joyntly bound with the said Sir Hardresse Waller unto James Brookes of the Citty of Yorke Alderman, and was then counter secured by a Judgement upon his Lands, and since by a Deed of Bargaine and Sale of the said Goods and Chattells 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 Soveraigne Lord the King, Any thing herein before contained to the contrary notwithstanding.

Footnotes

1 the O.
2 unpareleld O.
3 representatively O.
4 Corbett O.
5 Francis Hacker John Cooke O.
6 interlined on the Roll.
7 interlined on the Roll.