« PreviousContinue »
or consult concerning any cessation of arms or making peace, without express directions from both Houses of Parliament.
And lastly, the said Committee are to observe such orders and directions as they, from time to time, shall receive from both Houses of Parliament; provided also, that this Ordinance shall continue for three months and no longer.
51. AN ORDINANCE APPOINTING THE SECOND COMMITTEE
OF BOTH KINGDOMS. [May 22, 1644. Journals of the House of Commons, iï. 504. See Great
Civil War, i. 404.) An Ordinance for the appointing a Committee of both Houses,
to join with the Committees and Commissioners of Scotland, for the better managing of the affairs of both nations, in the common cause, according to the ends expressed in the last covenant and treaty between the two nations of
England and Scotland. Whereas by the covenant and treaty ratified and established between the two kingdoms, both nations are engaged in one common cause against the enemies of the religion and liberties; and by the late entrance of the Scottish forces into this kingdom, in pursuance hereof, are firmly united in a joint posture of arms for their own necessary defence, and for maintaining of the ends expressed in the covenant; and forasmuch as nothing can be more advantageous and conducible to the purpose aforesaid than that the conduct of the affairs of both kingdoms, in prosecution of the ends before mentioned, be managed by the joint advice and direction of both nations or their Committees authorised in that behalf; that is, not only the counsels, resolutions and forces of both kingdoms may be to the utmost improved to the common good, and a right intelligence and firmer unity held and preserved between and within themselves, but also a good correspondency may be set on foot and maintained abroad with other States in a joint way, to countermine the wicked confederacies and designs of the Popish and Antichristian faction in all parts against the true Protestant reformed religion, and the welfare of His Majesty's three kingdoms : and whereas the Convention of the Estates of Scotland have appointed Com: mittees residing in Scotland and in the Scottish army,
have sent some of the said Committees as Commissioners for the purposes aforesaid, to repair unto and reside near the two Houses, whereof some are already in the city : in consideration hereof the Lords and Commons assembled in Parliament, do nominate, ordain and appoint Algernon Earl of Northumberland, Robert Earl of Essex (Lord General), Robert Earl of Warwick (Lord Admiral), Edward Earl of Manchester, William Viscount Say and Sele, Philip Lord Wharton, John Lord Robarts, William Pierpoint, Sir Henry Vane (senior), Sir Philip Stapleton, Sir William Waller, Sir Gilbert Gerard, Sir William Armyn, Sir Arthur Haslerigg, Sir Henry Vane (junior), John Crew, Robert Wallop, Oliver St. John (Solicitor-General), Oliver Cromwell, Samuel Browne, John Glyn (Recorder), or any three of them (whereof a member of each House to be present), to treat with the Committees and Commissioners appointed by our brethren of Scotland, in such things as shall by them be propounded from and in the name of the kingdom of Scotland for the ends aforesaid : and, from time to time, to advise and consult with them concerning the same : and do further give power unto the members of both Houses above-named, and unto John Earl of Loudoun (Lord High Chancellor of Scotland), John Lord Maitland, Sir Archibald Johnston of Warriston, and Mr. Robert Barclay, or any seven of them (whereof a member of each House is to be present), as a Committee to order and direct whatsoever doth or may concern the managing of the war, keeping good intelligence between the forces of the three kingdoms, and whatsoever may concern the peace of His Majesty's dominions, and all other things in pursuance of the ends expressed in the said Covenant and Treaty: and the Committee of both Houses are to observe such orders as they shall, from time to time, receive from both Houses.
52. THE PROPOSITIONS OF THE HOUSES PRESENTED TO THE KING AT OXFORD, AND SUBSEQUENTLY
AT THE TREATY OF UXBRIDGE. [Presented to the King, November 241, 1644. Journals of the House of
Lords, vii. 54. See Great Civil War, ii. 23.) 1. That by Act of Parliament in each kingdom respectively, all oaths, declarations and proclamations against both or
1 See Journals of the House of Lords, vii. 82.
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 Parliament 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 Chanters, 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 Edinburgh, 29 of November, 1643, and joint Declaration of both kingdoms.
4. That the Ordinance concerning the calling and sitting of the Assembly of Divines be confirmed by Act of Parliament.
5. The 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 for as much 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 Parliament 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 by them, wherein they shall abjure and renounce the Pope's supremacy, the doctrine of transubstantiation, purgatory, worshipping 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 . 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 levying 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 less.
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,
And to the Bill for the suppression of innovations in churches and chapels, in and about the worship of God, 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 Westminster, Winchester and Eton ;
And to an Act in like manner to be agreed upon for the suppressing of interludes and stage plays : this Act to be perpetual ;
And to an Act for the taking the accounts 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 moneys 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 ouster les mains, and all other charges incident or arising for or by reason of Wardship, Livery, primer seisin or ouster les mains ;
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 knight service, either of His Majesty or others, or by knight service or socage in capite, of His Majesty, into free and common socage : and that His Majesty will please to accept, in recompense thereof, £100,000 per annum ;
And give assurance of his consenting in the Parliament of Scotland to an Act ratifying the Acts of Convention of the Estates of Scotland, called by the Council and Conservatory of Peace and the Commissioners for common burdens, and assembled the 22nd 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, viz. the large treaty, the late treaty for the coming of the Scots army into England and the settling of the garrison of Berwick of the 29th of November, 1643 ; the treaty concerning Ireland of the 6th of August, 1642; with all other ordinances and proceedings passed betwixt the two kingdoms in pursuance of the said treaties.
138. 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 in Ireland in both Houses of Parliament, to be managed by the joint advice of both king
1 Articles 12 and 13 with the preamble of 14 are misplaced by Rushworth. 2 I.e. the treaty of 1641. 3 The figure is omitted in the Journals.