House of Lords Journal Volume 7
8 November 1644

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History of Parliament Trust

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1767-1830

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51, 52, 53, 54, 55, 56, 57, 58

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'House of Lords Journal Volume 7: 8 November 1644', Journal of the House of Lords: volume 7: 1644 (1767-1830), pp. 51-58. URL: http://british-history.ac.uk/report.aspx?compid=33153 Date accessed: 24 April 2014. Add to my bookshelf


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DIE Veneris, 8 die Novembris.

Prayers, by Dr. Smith.

Ds. Grey de Warke, Speaker.

Comes Sarum.
Comes Rutland.
Comes Stamford.
Comes Denbigh.
Comes Suffolke.
Comes Northumb.
L. Viscount Say & Seale.
Ds. North.
Ds. Dacres.
Ds. Willoughby.
Ds. Howard.
Ds. Maynard.

Bewick's Ordinance.

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 adhere."

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 and published.

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 Lordships Consideration:

"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 the Committee.

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 Lordships Consideration."

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:

Answer.

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:

Answer.

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 followeth:

"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 the Revenue.

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."

Agreed to.

"That the Propositions on the Behalf of the City of London shall be inserted next before the Conclusion of the Propositions of both Kingdoms."

Agreed to.

"That the Propositions, being agreed on by both Houses, be Communicated to the Scotts Commissioners."

Agreed.

"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.

"My Lords,

"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 from you.

"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

"Your Lordships

"Most humble Servant,

"E. Manchester.

"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 and published.

"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 Religion.

"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 fit.

"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 Kingdom.

"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 the Kingdom.

"And to an Act to be made for Relief of sick and maimed Soldiers, and of poor Widows and Children of Soldiers.

"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 Parliament.

"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 said Treaties.

"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 them therein.

"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 of Ireland.

"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 think fit.

"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 think fit.

"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 Troubles.

"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 them.

"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 Kingdoms.

"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 finished.

"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 Parliament.

"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 Parliament.

"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."

Footnotes

* Deest in Originali.
* Deest in Originali.
* Deest in Originali.
* Origin. posse.
Bis in Originali.
This Ordinance is printed, and bound in with the Original.