DIE Veneris, 8 die Novembris.
Prayers, by Dr. Smith.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
The Ordinance for settling John Bewicke in the Parsonage of Werdale, was read Thrice, and Agreed to.
(Here enter it.)
Ordinance concerning the Payment of Tithes.
The Speaker reported the Effect of the Conference
Yesterday with the House of Commons; which was,
"That the House of Commons do agree to most of
their Lordships Alterations in the Ordinance concerning the Payment of Tithes; and to some they do
The Ordinance was read, with the Alterations, as it
came from the House of Commons; and this House
Agreed to it, with the said Alterations. (Here enter it.)
Ordered, That this Ordinance be forthwith printed
Report concerning the Variance between the E. of Denbigh and the Committees of Warwick, &c.
The Lord Willoughby reported to this House, "That
the Committee of both Houses have taken into Consideration the Petitions of the Counties of Stafford,
Warwicke, and Salop, and the City of Coventry; and,
upon Debate of the whole Matter, the said Committee
have made divers Votes, which they offer to their
"1. That, upon Examination of the whole Business
concerning the Complaints against the Earl of Denbigh, the Committee is of Opinion, That his Lordship
stands clear of any Disaffection to the Public Service,
or Breach of the Trust reposed in him by the Parliament.
"2. That the Weekly Assessment of the County of
Warwicke, the City and County of Coventry, for the
Maintenance of the Garrisons and other necessary
Forces for the Defence of the same, shall be reduced
to a Certainty.
"3. That the Commissioners for Accompts do send
down a Commission, to appoint a Sub-committee in the
County of Warwicke, and the City and County of
Coventry, for taking up the Accompts of the Monies
raised in that County."
Ordered, That this House confirms these Votes of
It was further reported, "That it (fn. *) be moved, at the
Committee, that some Persons may be added to the
Committee of Coventry; but they leave it to their
Message to the H. C. about it, and the E. of Carlisle's Petition.
Ordered, That these Votes be sent to the House of
Commons, by a Message, as the Votes of the joint Committee, reported and resolved of by this House, and
desire their Concurrence therein; and that the Earl of
Denbigh may be dispatched, with such Accommodations
for the Public Service as shall be necessary, unto his
Command, according to the manifold Desire and Concernment of his Association.
And accordingly a Message was sent, by Mr. Serjeant
Whitfield and Mr. Page; and to desire, that the House
of Commons would give an Answer, concerning the Petition of the Earl of Carlile, formerly sent down to them.
The Answer returned was:
That the House of Commons will send an Answer
by Messengers of their own.
Message from the H. C. for a Conference about the Propositions.
A Message was brought from the House of Commons,
by Sir John Wray Knight, and others:
To desire a present Free Conference, if it may stand with
their Lordships Conveniency, touching the late Conference concerning the Propositions of Peace, which they
hope will bring Home an Olive-branch.
The Answer returned was:
That this House will give a present Free Conference,
in the Painted Chamber, as is desired.
Report from the Committee of both Kingdoms about the Propositions.
The Earl of Northumb. reported this Paper from
the Committee of both Kingdoms; which was read, as
"Die Jovis, 7 die Novembris, 1644.
"At the Committee of both Kingdoms.
"That it be reported to both Houses,
"That when the Propositions are agreed upon, by
the mutual Consent of both Kingdoms, this Committee do present unto them, that then they be sent
by some of the Parliaments of both Kingdoms, and by
Two of the House of Peers, (fn. *) and a proportionable
Number of the House of Commons.
"And the Commissioners of the Kingdom of Scotland
will send some of their own Number; as they may
both do that, and be a sufficient Number for the Service to be done at this Committee.
"And there is something else, which the Committee
is to consider of Tomorrow."
Elliot's and Ramsey's Petition.
Upon reading the Petition of Sir Wm. Ellyott, lately a
Gentleman Pensioner to the King; desiring, "That he
may be paid some Arrears of Money due unto him for
his Wages:" It is Ordered, That this Petition and
David Ramsey's be recommended to the House of Commons, that they may be referred to the Committee for
Message from the Assembly of Divines, about Church Government.
A Message was brought to this House, from the
Assembly of Divines, by Dr. Burges and others:
To let their Lordships know, that they having received
an Order from both Houses, to present to the Houses so
much concerning Church Government as they have prepared, and to hasten the rest; and the Assembly, taking
this Message into speedy Consideration, are resolved very
shortly to present to the Houses what they have ready;
and, for the present, do now offer to their Lordships Consideration somewhat which they have finished concerning
Church Government: Which Paper was read by Dr.
Burges, and afterwards received by the House.
The Lords went to the Conference, and the House
was adjourned during Pleasure.
The House was resumed; and the Speaker reported
the Effect of this Conference:
Report of the Conference about the Propositions.
"That the House of Commons agree with their
Lordships, that the Propositions shall go as they were
sent from them, before their Lordships made the last
Alterations; excepting as to the Clause in the Fourth
Qualification, concerning the Members of either House
that have deserted the Parliament, &c.
"That the Title to the Propositions on the Behalf
of the City of London shall be left out."
"That the Propositions on the Behalf of the City of
London shall be inserted next before the Conclusion
of the Propositions of both Kingdoms."
"That the Propositions, being agreed on by both
Houses, be Communicated to the Scotts Commissioners."
"And further to acquaint this House, that they have
received the Advice of the Committee of both Kingdoms, for the Manner of sending these Propositions
to the King, which is to be sent by Two Lords, and a
proportionable Number of the House of Commons,
and by some of the Scottish Commissioners; and the
House of Commons desires their Lordships would nominate Two Lords, and then they will nominate a
proportionable (fn. *) Number of their House."
Ordered, That this House will send Two Lords, and
will name them To-morrow.
Ordered, That this House agrees with the House of
Commons in the Alteration in the Fourth Qualification.
The House was adjourned during Pleasure; and the
Lords went into the Painted Chamber, to give the House
of Commons an Answer, "That this House Agrees
with them in all the Particulars of this Message, and
that they are resolved to name Two Lords."
The House was resumed.
A Letter from the Earl of Manchester was read,
concerning the Masters of the Colleges of the University
of Cambridge. (Here enter it.)
F. of Manchester's Letter, recommending the Increase of the Salaries of the Heads of Houses at Cambridge.
"I am glad to give your Lordships this Account of
the Authority and Trust which your Lordships have
been pleased to confer upon me, in respect of the
University of Cambridge; that there is an apparent
Change begun, for the advancing of Learning and
Religion, especially in some Colleges, where there
are placed new Masters by that Power which I received
"Now, that this Service (which hath so great Influence into the Welfare both of Church and Commonwealth) may be carried on, with due Encouragement,
in the Hands of the several Masters of Colleges (who
chiefly manage all Businesses there), I take it my Duty
to move, in their Behalf, for the settling of such Honourable Maintenance as may become those Places of
great Credit, and of manifold weighty Employments.
These Places (as all Men know) are necessarily attended
with many extraordinary Expences, not only in regard
of Books, Apparel, and Servants; but also in often
Entertainments of Persons of divers Qualities visiting
the University. The Smallness of outward Means will
much lessen their Authority amongst very many; and
hereby also they shall be made unable to encourage
the Progress of Learning in hopeful Students by small
Gifts, whereof there may be frequent Occasions.
"My Lords, in these and many other Regards, I conceive that Three Hundred Pounds per Annum is the
least that can conveniently be conferred upon the
several Masters of Colleges. The standing Stipends
belonging to many, if not most, of the Masterships
is very small and inconsiderable, some of them not
reaching Forty Pounds per Annum. These Places heretofore were Steps to Ecclesiastical Dignities and Preferment; their Maintenance was augmented (beyond
what was meet) by Deanries, Archdeaconries, Prebendaries, and other such like Means, which you have
judged fit to condemn, in your Endeavours of Church
Reformation; and it would prove an unhappy Necessity, if any of them, through Want of sufficient
Maintenance, should be compelled to take Pastoral
Charges in the Country; because this Practice might
too much countenance Non-residency, and would also
much hinder their Service needed in their several
Colleges and the University.
"These Considerations will (I believe) evidence the
Equity of my Motion, and incline you to assist in this
Business; and, if it be not too great a Presumption in
me, I should humbly desire that this Allowance may
be out of that Yearly Revenue which was wont to
be paid to the Bishop of Ely out of the Exchequer.
I humbly leave this my serious Motion with you;
earnestly desiring that it may be speedily taken into
your wise Consideration. My Lords, I am
"Most humble Servant,
"For the Peers assembled in Parliament."
"An Ordinance of the Lords and Commons assembled in Parliament, whereby John Bewicke,
Master of Arts, a Godly, Learned, and Orthodox Divine, is to have and enjoy the Parsonage of Stanhope in Werdale, in the County
Palatine of Duresme, being void by the Death
of Evers Gower, late Incumbent thereof.
Ordinance for Mr. Bewick to be Minister of Werdall, in the County Palatine of Durham.
"Forasmuch as the Parsonage of Stanhope in Werdale, in the County Palatine of Duresme, is lately become void by the Death of Evers Gower, late Incumbent thereof, and that the next Presentation thereof
doth belong to Doctor Moreton, Bishop of Duresme:
The Lords and Commons in this present Parliament
assembled, to the End the said Parish and Church
may be supplied with a Learned, Godly, and Orthodox Divine, have Ordered, Ordained, Appointed, and hereby do Order, Ordain, and Appoint, Mr.
John Bewick, Master of Arts, he being approved of
by the Reverend Assembly of Divines, to be Minister
of the said Church and Parish of Stanhope in Werdale,
in the said County Palatine of Duresme; and that he
shall and may have, hold, (fn. *) possess, and (fn. †) enjoy,
the said Parsonage, and the Parsonage-house, with
the Appurtenances, and all Glebe lands, Tithes, Rents,
Stipends, Pensions, Profits, and Commodities whatsoever, to the said Parsonage or Parish Church belonging or appertaining, in as large and ample Manner, to all Intents and Purposes, as the said Mr.
Gower, the late deceased Minister thereof, or any other
the former Incumbent thereof, lawfully and of Right,
hath had, or ought to have had, the same."
"Die Veneris, 8 Novemb. 1644.
(fn. ‡) "An Ordinance of the Lords and Commons assembled in Parliament, for the true Payment
of Tithes, and other such Duties, according
to the Laws and Customs of this Realm.
Ordinance for the due Payment of Tithes.
"Whereas divers Persons, within the Realm of England, and Dominion of Wales, taking Advantage of
the present Distractions, and aiming at their own Profit, have refused, and still do refuse, to set out, yield,
and pay, Tithes, Offerings, Oblations, Obventions,
and other such Duties, according to the Law of the
said Realm; to which they are the more encouraged,
both because there is not now any such compulsory
Means for Recovery of them by any Ecclesiastical
Proceedings as heretofore hath been, and also for that,
by reason of the present Troubles, there cannot be
had speedy Remedy for them in the Temporal Courts,
although they remain still due, and of Right payable,
as in former Times: Be it therefore Declared and
Ordained, by the Lords and Commons in Parliament
assembled, That every Person and Persons whatsoever, within the said Realm and Dominion, shall fully,
truly, and effectually, set out, yield, and pay, respectively, all and singular Tithes, Offerings, Oblations, Obventions, Rates for Tithes, and all other
Duties commonly known by the Name of Tithes,
and all Arrears of them respectively, to all and every
the respective Owners, Proprietors, Impropriators, and
Possessors, as well Lay as Ecclesiastical, respectively,
their Executors and Administrators, of Parsonages,
Vicarages, or Rectories, either Impropriate or Presentative, or Donative, and of Vicarages, and of Portions of Tithes respectively, within the said Realm
and Dominion, according to the Law, Custom, Prescription, Composition, or Contract, respectively, by
which they, or any of them, ought to have been set
out, yielded, and paid, at the Beginning of this present Parliament, or Two Years before; and in all and
every Case where any Person or Persons hath, at any
Time since the Beginning of this present Parliament,
or Two Years before, substracted, withdrawn, or failed in due Payment of, or hereafter at any Time shall
substract, withdraw, or fail in due Payment of, any
such Tithes, Offerings, Oblations, Obventions, Rates
for Tithes, or any Duty known by the Name of
Tithes, or Arrears of them, or any of them, as aforesaid, the Person or Persons to whom the same is, hath
been, or shall be respectively due, his Executors or
Administrators, shall and may make his and their
Complaints thereof to any Two Justices of Peace,
within the same County, City, Town, Place, Riding,
or Division, not being Patron or Patrons of the Church
where such Substraction, Withdrawing, or Failure of
Payment, hath been, or shall be, nor being interested
any Way in the Things in Question; which Justices
of Peace are authorized hereby, and shall have full
Power, to summon, by reasonable Warning beforehand, all and every such Person or Persons, against
whom any such Complaints shall be made to them;
and, after his or their Appearance before them, or
upon Default made after the Second Summons, the
said Summons being made as aforesaid, and proved
before the said Justices by Oath, which said Justices
hereby shall have Power to administer the same, to
hear and determine the said Complaint, by sending
for and examining Witnesses upon Oath, which said
Oath the said Justices are hereby also authorized to
minister, and admitting other Proofs brought on either Side; and thereupon shall, in Writing, under
their Hands and Seal, adjudge the Case, and give
reasonable Costs and Damages to either Party, as in
their Judgement they shall think fit.
"And be it further Ordained, by the Authority aforesaid, That if any Person or Persons shall refuse to pay
any such Tithes, or Sums of Money, as upon such
Complaint and Proceeding shall be by any such
Justices of Peace adjudged as aforesaid, and shall
not, within Thirty Days next after Notice of such
Judgement in Writing, under the Hand and Seal
of such Justices of Peace, given to him or them,
make full Satisfaction thereof according to the said
Judgement; in every such Case, the Person and Persons respectively, to whom any such Tithes or Sums
of Money shall be upon such Judgement due, shall
and may, by Warrant from the said Justices, or either
of them, distrain all and every or any the Goods and
Chattels of the Party or Parties so refusing, and of
the same to make Sale, and to retain to himself or
themselves so much of the Monies raised by Sale
thereof as may satisfy the said Judgement, returning
the Overplus thereof to the Party or Parties so refusing; and in case no sufficient Distress can be found,
that then the said Justices of Peace, or any other
Justices of Peace of the same County as aforesaid,
shall and may commit all and every such Person and
Persons so refusing to the next common Gaol of the
said County, there to remain in safe Custody, without
Bail or Mainprize, until he or they respectively shall
make full Satisfaction, according to the said Judgement.
"Provided always, and it is further Ordained, by the
Authority aforesaid, That if any Person or Persons
shall think him or themselves unjustly dealt with by
or in any such Judgement as aforesaid, then he or
they respectivly shall and may thereof complain to
the High Court of Chancery, where the Cause between the Parties shall be again heard and determined; which Court shall hereby have full Power and
Authority to summon the Parties, and to hear and
determine the same, and to suspend Execution, as the
same Court shall see Cause, and to give final Judgement therein, with reasonable Costs to the Party or
Parties grieved by any such Complaint brought before them.
"Provided always, That this Ordinance, or any
Thing therein contained, shall not extend to any Tithes,
Offerings, Yearly Payments, or other Ecclesiastical
Duties, due, or to be due, for any Houses, Buildings,
or other Hereditaments, within the City of London or
the Liberties thereof, which be otherwise provided for
by Act of Parliament.
"Die Veneris, 8 Novemb. 1644.
"Ordered, by the Lords in Parliament assembled,
That this Ordinance, for the due Payment of all
Tithes and such other Duties, be forthwith printed
"J. Brown, Cler. Parliamentorum."
Propositions to the King for a Peace.
"We Your Majesty's loyal Subjects, assembled in
the Parliaments of both Your Kingdoms,
from the Sense of that Duty we owe unto
Your Majesty, and of the deep Sufferings
and many Miseries under which Your People
of all Your Kingdoms lie bleeding in this unnatural War, after long and serious Consultation about the best Ways and Means of their
Preservation, and for settling Your Majesty's
Throne and Your Subjects in Peace and Security, have with common Consent resolved
upon these Propositions, which we do humbly tender unto Your Majesty:
"The humble Desires and Propositions for a
safe and well grounded Peace, agreed
upon by the mutual Advice and Consent of the Parliaments of both Kingdoms, united by Solemn League and Covenant, to be presented to His Majesty.
"1. That, by Act of Parliament in each Kingdom
respectively, all Oaths, Declarations, and Proclamations, against both or either of the Houses of Parliament of England, and the late Convention of Estates
in Scotland, or Committees flowing from the Parliament, or Convention in Scotland, or their Ordinances
and Proceedings, or against any for adhering unto
them, and all Indictments, Outlawries, and Attainders, against any for the said Causes, be declared
null, suppressed, and forbidden; and that this be
publicly intimated, in all Parish Churches within His
Majesty's Dominions, and all other Places needful.
"2. That His Majesty, according to the laudable
Example of His Royal Father of Happy Memory,
may be pleased to swear, and sign the late Solemn
League and Covenant; and that an Act of Parliament be passed in both Kingdoms respectively, for
enjoining the taking thereof by all the Subjects of the
Three Kingdoms; and the Ordinances concerning
the Manner of taking the same in both Kingdoms
be confirmed by Acts of Parliaments respectively,
with such Penalties as by mutual Advice of both
Kingdoms shall be agreed upon.
"3. That the Bill be passed, for the utter abolishing
and taking away of all Archbishops, Bishops, their
Chancellors and Commissaries, Deans and Sub-deans,
Deans and Chapters, Archdeacons, Canons, and Prebendaries, and all Chaunters, Chancellors, Treasurers, Sub-treasurers, Succentors, and Sacrists, and
all Vicars Choral and Choristers, Old Vicars and New
Vicars, of any Cathedral or Collegiate Church, and
all other their Under Officers, out of the Church of
England, and Dominion of Wales, and out of the
Church of Ireland; with such Alterations concerning
the Estates of Prelates as shall agree with the Articles
of the late Treaty, of the Date at Edenburgh 29th
of Novemb. 1643, and joint Declaration of both Kingdoms.
"4. That the Ordinances concerning the Calling and
Sitting of the Assembly of Divines be confirmed by
Act of Parliament.
"5. That Reformation of Religion, according to the
Covenant, be settled by Act of Parliament, in such
Manner as both Houses shall agree upon, after Consultation had with the Assembly of Divines; and forasmuch as both Kingdoms are mutually obliged, by
the same Covenant, to endeavour the nearest Conjunction and Uniformity in Matters of Religion, that
such Unity and Uniformity in Religion, according to
the Covenant, as, after Consultation had with the Divines of both Kingdoms now assembled, shall be jointly agreed upon by both Houses of the Parliament of
England, and by the Church and Kingdom of Scotland,
be confirmed by Acts of Parliaments of both Kingdoms respectively.
"6. That, for the more effectual disabling Jesuits,
Priests, Papists, and Popish Recusants, from disturbing the State, and deluding the Laws, and for the better discovering and speedy Conviction of Recusants,
an Oath be established by Act of Parliament, to be
administered to them, wherein they shall abjure and
renounce the Pope's Supremacy, the Doctrine of
Transubstantiation, Purgatory, Worshiping of the
Consecrated Host, Crucifixes, and Images, and all
other Popish Superstitions and Errors; and refusing
the said Oath, being tendered in such Manner as shall
be appointed by the said Act, to be a sufficient Conviction in Law of Recusancy.
"7. An Act of Parliament for Education of the
Children of Papists by Protestants, in the Protestant
"8. An Act for the true Levy of the Penalties against
them, which Penalties to be levied and disposed in
such Manner as both Houses shall agree on; wherein
to be provided, that His Majesty shall have no Loss.
"9. That an Act be passed in Parliament, whereby the
Practices of Papists against the State may be prevented,
and the Laws against them duly executed; and a
stricter Course taken to prevent the saying or hearing
of Mass in the Court, or any other Part of this Kingdom.
"10. The like for the Kingdom of Scotland, concerning the Four last preceding Propositions, in such
Manner as the Estates of Parliament there shall think
"11. That the King do give His Royal Assent to
an Act for the due Observation of the Lords-day.
"And to the Bill for the Suppression of Innovations
in Churches and Chapels, in and about the Worship
of God, &c. and for the better Advancement of the
Preaching of God's Holy Word in all Parts of this
"And to the Bill against the enjoying of Pluralities
of Benefices by Spiritual Persons, and Non-residency.
"And to an Act, to be framed and agreed upon by
both Houses of Parliament, for the reforming and
regulating of both Universities, of the Colleges of
Westm. Winchester, and Eaton.
"And to an Act, in like Manner to be agreed upon,
for the Suppression of Interludes and Stage Plays.
This Act to be perpetual.
"And to an Act for the taking of the Accompts of
"And to an Act to be made for Relief of sick and
maimed Soldiers, and of poor Widows and Children
"And to such Act or Acts for raising of Monies, for
the Payment and satisfying of the Public Debts and
Damages of the Kingdom, and other Public Uses,
as shall hereafter be agreed on by both Houses of
"And to an Act or Acts of Parliament, for taking
away the Court of Wards and Liveries, and all Wardships, Liveries, Primer Seisins, and Oustre le Maines,
and all other Charges incident or arising for or by
reason of Wardships, Livery, Primer Seisin, or Oustre
le Maine; and for the taking away of all Tenures by
Homage, and all Fines, Licences, Seizures, and Pardons for Alienation, and all other Charges incident
thereunto; and for turning of all Tenures by Knights
Service either of His Majesty or others, or by Knights
Service or Soccage in Capite of His Majesty, into Free
and Common Soccage; and that His Majesty will
please to accept, in Recompence hereof, One Hundred Thousand Pounds per Annum.
"And give Assurance of His consenting in the Parliament of Scotland, to an Act, ratifying the Acts of
the Convention of the Estates of Scotland, called by
the Council and Conservators of Peace, and the Commissioners for the Common Burdens, and assembled
the 22th Day of June, 1643, and several Times continued since, in such Manner, and with such Additions and other Acts, as the Estates convened in this
present Parliament shall think convenient.
"12. That an Act be passed, in the Parliaments of
both Kingdoms respectively, for Confirmation of the
Treaties passed betwixt the Two Kingdoms; videlicet,
the large Treaty; the late Treaty for the coming of
the Scotts Army into England, and the settling of the
Garrison of Berwick, of the 29th of Novemb. 1643;
the Treaty concerning Irel. of the 6th of August,
1642; with all other Ordinances and Proceedings
passed betwixt the Two Kingdoms in Pursuance of the
"That an Act of Parliament be passed, to make
void the Cessation of Ireland, and all Treaties with
the Rebels without Consent of both Houses of Parliament; and to settle the Prosecution of the War of
Ireland in both Houses of Parliament, to be managed
by the joint Advice of both Kingdoms; and the King
to assist, and to do no Act to discountenance or molest
"14. That an Act be passed in the Parliaments of
both Kingdoms respectively, for establishing the joint
Declaration of both Kingdoms, bearing Date the 30th
of January 1643 in England, and 1644 in Scotland,
with the Qualifications ensuing:
"1. That the Persons who shall expect no Pardon be only these following; Rupert and
Maurice Count Palatines of The Rhyne, James
Earl of Derby, John Earl of Bristoll, Will'm
Earl of Newcastle, Francis Lord Cottington,
John Lord Pawlett, George Lord Digby, Edw'd
Lord Littleton, Wm. Laude Archbishop of
Cant. Mathew Wren Bishop of Ely, Sir Robert
Heath Knight, Dr. Bramhall Bishop of Derry,
Sir John Byron Knight, Sir Will'm Widdrington, Colonel George Goring, Henry Jermyn
Esquire, Sir Ralph Hopton, Sir Francis Doddington, Mr. Endymion Porter, Sir George Radcliff, Sir Marm. Langdale, Sir John Hotham,
Captain John Hotham his Son, Sir Henry
Vaughan, Sir Francis Windebank, Sir Richard
Greenvill, Mr. Edward Hyde, Sir John Morley,
Sir Nichol. Cole, Sir Thomas Ryddall Junior,
Colonel Ward, Sir John Strangwayes,
Sir John Colepeper, Sir Rich'd Floyde, John
Bodevile Esquire, Mr. David Jenkins, Sir
George Strode, Sir Alex'r Carew, Marquis of
Huntley, Earl of Montross, Earl of Niddisdale, Earl of Traquaire, Earl of Carnwath,
Viscount of Aboyne, Lord Ogilby, Lord Rae,
Lord Harris, Lodowick Lindsey sometime Earl
of Crawford, Patrick Ruthven sometime Earl
of Forth, James King sometime Lord Ytham,
Irving Younger of Drunim, Gordon Younger of
Gight, Lesley of Aucbintoule, Sir Rob't Spotteswood of Dumpace, Colonel John Cockran,
Mr. John Maxwell sometime pretended Bishop
of Ross, Mr. Walter Belcanquall; and all such
others as, being processed by the Estates for
Treason, shall be condemned before the Act
of Oblivion be passed.
"2. All Papists and Popish Recusants, who have
been, now are, or shall be, actually in Arms,
or voluntarily assisting, against the Parliament,
or Estates of either Kingdoms.
"3. All Persons who have had any Hand in the
plotting, disigning, or assisting, the Rebellion
"4. That Humphrey Bennett Esquire, Sir Edward
Ford, Sir John Penruddock, Sir George Vaughan, Sir John Weld, Sir Robert Lee, Sir John
Pate, John Ackland, Edmund Windham, Esquires, Sir John Fitz Herbert, Sir Edward
Laurence, Sir Ralph Dutton, Henry Lingen
Esquire, Sir Will'm Russell of Worcestershire,
Thomas Lee of Adlington Esquire, Sir John
Girlington, Sir Paule Neale, Sir Will'm Thorold,
Sir Edward Hussey, Sir Thomas Liddell Senior,
Sir Phillip Musgrave, Sir John Digby of Nott.
Sir Henry Fletcher, Sir Rich'd Mynshall, Laurence Halsteed, John Denham, Esquires, Sir
Edmund Fortescue, Peter St. Hill Esquire, Sir
Thomas Tyldesley, Sir Henry Griffith, Michaell
Wharton Esquire, Sir Henry Spiller, Sir George
Byndon, Sir Edward Nicholas, Sir Edward
Walgrave, Sir Edward Bishcpp, Sir Robert
Owsley, Sir John Mandy, Lord Cholmley, Sir
Thomas Aston, Sir Lewys Dives, Sir Peter Osborne, Samuell Thornton Esquire, Sir John Lucas, John Blaney Esquire, Sir Thomas Chedle,
Sir Nicholas Kemish, and Hugh Lloyd Esquire,
and all such of the Scottiso Nation as have
concurred in the Votes at Oxford against the
Kingdom of Scotland and their Proceedings,
or have sworn or subscribed the Declaration
against the Convention and Covenant, and all
such as have assisted the Rebellion in the
North, or the Invasion in the South, of the
said Kingdom of Scotl. or the late Invasion
made there by the Irish and their Adherents;
and that the Members of either House of Parliament, who have not only deserted the Parliament, but have also voted both Kingdoms
Traitors, may be removed from His Majesty's Counsels, and he restrained from coming within the Verge of the Court; and that
they may not, without the Advice and Consent of both Kingdoms, bear any Office, or
have any Employment, concerning the State
or Commonwealth; and also that the Members of either House of Parliament, who have
deserted the Parliament, and adhered to the
Enemies thereof, and have not rendered themselves before the last of October, 1644, may
be removed from His Majesty's Counsels,
and be restrained from coming within the
Verge of the Court; and that they may not,
without the Advice and Consent of both
Houses of Parliament, bear any Office, or
have any Employment, concerning the State
or Commonwealth; and in case any of them
shall offend therein, to be guilty of High
Treason, and incapable of any Pardon by His
Majesty; and their Estates to be disposed as
both Houses of Parliament in England, or
the Estates of the Parliament in Scotland, respectively, shall think fit.
"5. That, by Act of Parliament, all Judges and
Officers towards the Law, Common and Civil,
who have deserted the Parliament, and adhered to the Enemies thereof, be made incapable of any Place of Judicature, or Office
towards the Law, Common or Civil; and
that all Serjeants, Counsellors, and Attornies,
Doctors, Advocates, and Proctors of the
Law, Common or Civil, who have deserted
the Parliament, and adhered to the Enemies
thereof, be made incapable of any Practice
in the Law, Common or Civil, either in Public or in Private; and that they, and likewise
all Bishops, Clergymen, and other Ecclesiastical Persons, who have deserted the Parliament, and adhered to the Enemies thereof,
shall not be capable of any Preferment or
Employment, in Church or Commonwealth,
without the Advice and Consent of both
Houses of Parliament.
"6. The Persons of all others to be free of all
Personal Censure, notwithstanding any Act or
Thing done in or concerning this War; they
taking the Covenant.
"7. The Estates of those Persons excepted in the
First Three preceding Qualifications to pay
Public Debts and Damages.
"8. A Third Part, on full Value, of the Estates
of the Persons made incapable of any Employment as aforesaid, to be employed for the
Payment of the Public Debts and Damages,
according to the Declaration.
"9. And likewise a Tenth Part of the Estates of
all other Delinquents within the joint Declaration. And in case the Estates and Proportions aforementioned shall not suffice for the
Payment of the Public Engagements, whereunto they are only to be employed, that then
a new Proportion may be appointed, by the
joint Advice of both Kingdoms; providing
it exceed not the One Moiety of the Estates
of the Persons made incapable as aforesaid,
and that it exceed not a Sixth Part of the
Estates of the other Delinquents.
"10. That the Persons and Estates of all common Soldiers and others of the Kingdom of
England, who in Land or Goods be not worth
Two Hundred Pounds Sterling, and the Persons and Estates of all common Soldiers and
others of the Kingdom of Scotland, who in
Land or Goods be not worth One Hundred
Pounds Sterling, be at Liberty, and discharged.
"11. That an Act be passed, whereby the Debts
of the Kingdom, and the Persons of Delinquents, and the Value of their Estates, may
be known; and which Act shall appoint in
what Manner the Confiscations and Proportions beforementioned may be levied, and applied to the Discharge of the said Engagements.
"15. That, by Act of Parliament, the Subjects of the
Kingdom of England may be appointed to be armed,
trained, and disciplined, in such Manner as both Houses
shall think fit.
"The like for the Kingdom of Scotland, in such
Manner as the Estates of Parliament there shall
"16. That an Act of Parliament be passed, for the
settling of the Admiralty, and Forces at Sea; and for
the raising of such Monies for the Maintenance of
the said Forces, and of the Navy, as both Houses of
Parliament shall think fit.
"The like for the Kingdom of Scotland, in such
Manner as the Estates of Parliament there shall
"17. An Act for the settling of all Forces, by Sea
and Land, in Commissioners, to be nominated by
both Houses of Parliament, of Persons of known Integrity, and such as both Kingdoms may conside in,
for their Faithfulness to Religion and Peace of the
Kingdoms; of the House of Peers, and
of the House of Commons; who shall
be removed or altered from Time to Time, as both
Houses shall think fit; and when any shall die, others
to be nominated in their Places by the said Houses;
which Commissioners shall have Power,
"1. First, to suppress any Forces raised without
Authority of both Houses of Parliament, or,
in the Intervals of Parliament, without Consent of the said Commissioners, to the Disturbance of the Public Peace of the Kingdoms;
and to suppress any Foreign Forces that shall
invade this Kingdom; and that it shall be
High Treason in any who shall levy any Force
without such Authority or Consent, to the
Disturbance of the Public Peace of the Kingdoms; any Commission under the Great Seal,
or other Warrant, to the contrary notwithstanding; and they to be incapable of any
Pardon from His Majesty, and their Estates
to be disposed of as both Houses of Parliament
shall think fit.
"2. To preserve the Peace now to be settled, and
to prevent all Disturbances of the Public
Peace that may arise by Occasion of the late
"So for the Kingdom of Scotland.
"3. To have Power to send Part of themselves,
so as they exceed not a Third Part, or be not
under the Number of, to
reside in the Kingdom of Scotland, to assist
and vote as single Persons with the Commissioners of Scotland, in those Matters wherein
the Kingdom of Scotland is only concerned.
"So for the Kingdom of Scotland.
"4. That the Commissioners of both Kingdoms
may meet as a joint Committee, as they shall
see Cause, or send Part of themselves as aforesaid, to do as followeth:
"1. To preserve the Peace betwixt the Kingdoms and the King, and every One of
"2. To prevent the Violation of the Articles
of Peace as aforesaid, or any Troubles
arising in the Kingdoms by Breach of
the said Articles; and to hear and determine all Differences that may occasion the same, according to the Treaty; and to do further according as they
shall respectively receive Instructions
from both Houses of Parliament in
England, or the Estates of Parliament in
Scotland, and, in the Intervals of Parliament, from the Commissioners for the
Preservation of the Public Peace.
"3. To raise and join the Forces of both Kingdoms, to resist all Foreign Invasion, and
to suppress any Forces raised within any
of the Kingdoms, to the Disturbance of
the Public Peace of the Kingdoms, by
any Authority under the Great Seal, or
other Warrant whatsoever, without Consent of both Houses of Parliament in
England, and the Estates of the Parliament in Scotland, or the said Commissioners of that Kingdom whereof they
are Subjects; and that, in those Cases of
joint Concernment to both Kingdoms,
the Commissioners to be directed to be
there all, or such Part as aforesaid, to act
and direct as joint Commissioners of both
"4. To order the War of Ireland, according
to the Ordinance of the 11th of April;
and to order the Militia, and conserve
the Peace, of the Kingdom of Ireland.
"18. That His Majesty give His Assent to what the
Two Kingdoms shall agree upon, in Prosecution of
the Articles of the large Treaty, which are not yet
"19. That, by Act of Parliament, all Peers made
since the Day that Edward Lord Littleton, then Lord
Keeper of the Great Seal, deserted the Parliament,
and that the said Great Seal was surreptiously conveyed away from the Parliament, being the 21th Day
of May, 1642, and who shall be hereafter made, shall
not sit or vote in the Parliament of England, without
Consent of both Houses of Parliament; and that all
Honour and Title conferred on any, without Consent
of both Houses of Parliament, since the 20th Day of
May, 1642, being the Day that both Houses declared, "That the King, seduced by evil Counsel,
intended to raise War against the Parliament," be
declared null and void.
"The like for the Kingdom of Scotland; those
being excepted, whose Patents were passed the
Great Seal before the 4th of June, 1644.
"20. That, by Act of Parliament, the Deputy or
Chief Governor, or other Governors, of Ireland, be
nominated by both Houses of Parliament, or, in the
Intervals of Parliament, by the Commissioners, to
continue during the Pleasure of the said Houses, or,
in the Intervals of Parliament, during the Pleasure of
the aforementioned Commissioners, to be approved or
disallowed by both Houses at their next Sitting; and
that the Chancellor or Lord Keeper, Lord Treasurer,
Commissioners of the Great Seal, or Treasury, Lord
Warden of the Cinque Ports, Chancellors of the Exchequer and Dutchy, Secretary of State, Judges of
both Benches, and of the Exchequer of the Kingdoms
of England and Ireland, be nominated by both Houses
of Parliament, to continue Quamdiu bene se gesserint;
and, in the Intervals of Parliament, by the aforementioned Commissioners, to be approved or disallowed by
both Houses at their next Sitting.
"The like for the Kingdom of Scotland; adding the
Justice General, and in such Manner as the
Estates in Parliament there shall think fit.
"21. That, by Act of Parliament, the Education of
Your Majesty's Children, and the Children of Your
Heirs and Successors, be in the true Protestant Religion; and that their Tutors and Governors be of
known Integrity, and be chosen by the Parliaments of
both Kingdoms, or, in the Intervals of Parliaments,
by the aforenamed Commissioners, to be approved or
disallowed by both Parliaments at their next Sitting:
And that, if they be Male, they be married to such
only as are of the true Protestant Religion; if they be
Female, they may not be married but with the Advice
and Consent of both Parliaments, or, in the Intervals
of Parliaments; by their Commissioners.
"22, That Your Majesty will give Your Royal Assent to such Ways and Means as the Parliaments of
both Kingdoms shall think fitting, for the uniting of
the Protestant Princes, and for the entire Restitution
and Re-establishment of Charles Lodowick Prince
Elector Palatine, his Heirs and Successors, to his
Electoral Dignity, Rights, and Dominions; provided,
that this extend not to Prince Rupert or Prince Maurice, or the Children of either of them, who have been
the Instruments of so much Bloodshed and Mischief
against both Kingdoms.
"23. That, by Act of Parliament, the concluding
of Peace or War with Foreign Princes and States be
with Advice and Consent of both Parliaments, or, in
the Intervals of Parliaments, by their Commissioners.
"24. That an Act of Oblivion be passed, in the Parliaments of both Kingdoms respectively, relative to the
Qualifications in the Propositions aforesaid, concerning the joint Declaration of both Kingdoms; with
the Exception of all Murderers, Thieves, and other
Offenders, not having Relation to the War.
"25. That the Members of both Houses of Parliament, or others, who have, during this Parliament,
been put out of any Place or Office, Pension or Benefit, for adhering to the Parliament, may either be restored thereunto, or otherwise have Recompence for
the same, upon the humble Desire of both Houses of
"The like for the Kingdom of Scotland.
"26. That the Armies may be disbanded at such
Time, and in such Manner, as shall be agreed upon
by the Parliaments of both Kingdoms, or such as shall
be authorized by them to that Effect.
"That an Act be passed, for the granting and confirming of the Charters, Customs, Liberties, and Franchises, of the City of London, notwithstanding any
Nonuser, Misuser, or Abuser.
"That the Militia of the City of London may be in
the Ordering and Government of the Lord Mayor,
Aldermen, and Commons, in Common Council assembled, or such as they shall from Time to Time
appoint, whereof the Lord Mayor and Sheriffs for the
Time being to be Three; and that the Militia of the
Parishes without London, and the Liberties within the
Weekly Bills of Mortality, may be under the Command of the Lord Mayor, Aldermen, and Commons,
in Common Council of the said City, to be ordered
in such Manner as shall be agreed on and appointed
by both Houses of Parliament.
"That The Tower of London may be in the Government of the City of London; and the Chief Officerand Governor thereof, from Time to Time, be nominated and removeable by the Common Council.
"That the Citizens or Forces of London shall not be
drawn out of the City, into any other Parts of the
Kingdom, without their own Consent; and that the
Drawing of their Forces into other Parts of the Kingdom in these distracted Times may not be drawn
into Example for the future.
"And, for Prevention of Inconveniences which may
happen by the long Intermission of Common Councils, it is desired, that there be an Act, That all Byelaws and Ordinances already made, or hereafter to be
made, by the Lord Mayor, Aldermen, and Commons, in Common Council assembled, touching the
calling, continuing, directing, and regulating the
same, shall be as effectual in Law, to all Intents and
Purposes, as if the same were particularly enacted by
Authority of Parliament; and that the Lord Mayor,
Aldermen, and Commons, in Common Council, may
add to, or repeal, the said Ordinances, from Time to
Time, as they shall see Cause.
"That such other Propositions as shall be made for
the City, for their further Safety, Welfare, and Government, and shall be approved of by both Houses of
Parliament, may be granted and confirmed by Act of
"Now, therefore, we humbly beseech Your Majesty to grant these Propositions, which are
presented for the Peace and Public Good of
Your Kingdoms: And as we therein, according
to our Trusts and Duty, have Regard to the
Glory of God, the Quiet and Welfare of Your
People; so shall we really endeavour, that Your
Majesty may live in the Splendor and Glory of
Your Royal Progenitors, and which beseemeth
Your Royal Place and Dignity."