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that during this war, the benefit of all offices, being neither military nor judicial, hereafter to be granted, or any way to be appointed to any person or persons by both or either House of Parliament, or by authority derived from thence, shall go and inure to such public uses as both Houses of Parliament shall appoint. And the grantees and persons executing all such offices shall be accountable to the Parliament for all the profits and perquisites thereof, and shall have no profit out of any such office, other than a competent salary for the execution of the same, in such manner as both Houses of Parliament shall order and ordain.
Provided that this Ordinance shall not extend to take away the power and authority of any Lieutenancy or DeputyLieutenancy in the several counties, cities or places, or of any Custos Rotulorum, or of any commission for Justices of Peace, or sewers, or any commission of Oyer and Terminer, or gaol-delivery.
Provided always, and it is hereby declared, that those members of either House who had offices by grant from His Majesty before this Parliament, and were by His Majesty displaced sitting this Parliament, and have since by authority of both Houses been restored, shall not by this Ordinance be discharged from their said offices or profits thereof, but shall enjoy the same; anything in this Ordinance to the contrary thereof notwithstanding.
55. THE NEGATIVE OATH.
[April 5, 1645. Rushworth, vi. 141.] An Ordinance of the Lords and Commons assembled in Par
liament, for enabling the Commissioners of the Great Seal, and the other Committees in their several Counties, to tender an Oath to all such persons of what degree or quality soever,
that shall come in to the protection of the Parliament. Be it ordained by the Lords and Commons in Parliament assembled, that all and every person of what degree or quality soever, that hath lived or shall live within the King's quarters, or been aiding, assisting or adhering unto the forces raised against the Parliament, and hath or shall come to inhabit or reside under the power and protection of the Parliament, shall swear upon the holy evangelist in manner following:
'I, A. B., do swear from my heart that I will not directly
or indirectly adhere unto or willingly assist the King in this war, or in this cause against the Parliament, nor any forces raised without the consent of the two Houses of Parliament in this cause or war.
And I do likewise swear that my coming and submitting myself under the power and protection of the Parliament, is without any manner of design whatsoever, to the prejudice of the proceedings of the two Houses of this present Parliament, and without the direction, privity or advice of the King, or any of his Council or officers, other than what I have now made known. So help me God, and the contents of this Book.'
And be it further ordained by the authority aforesaid, that the Commissioners for keeping of the Great Seal of England for the time being, shall have power, and are hereby authorised to tender and administer the said oath unto any peer, or wife or widow of any peer, so coming to inhabit as abovesaid.
And it shall be lawful to and for the Committee of the House of Commons for examinations, the Committee for the militia in London, and all Committees of Parliament in the several counties and cities of the kingdom, to tender and administer the said oath unto every other person so coming to inhabit as abovesaid: and if any person (not being a member of, or assistant unto either of the Houses of the Parliament) shall refuse or neglect to take the said oath so duly tendered unto him or her as abovesaid, the said Commissioners and Committees respectively shall and may commit the same person to some prison, there to remain without bail or mainprize until he shall conform thereunto.
56. ORDER OF THE TWO HOUSES FOR TAKING AWAY THE
COURT OF WARDS.
[February 24, 1646. Lord's Journals, viii. 183.] That 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 wardships, livery, primer seisin or ouster les mains, be from this day taken away; and that all tenures by homage, and all fines, licences, seizures, pardons for alienation, and all other charges incident thereunto, be likewise taken away; and that all tenures by knight service, either of His Majesty or others, or by knight service, or socage in capite of his Majesty, be turned into free and common socage.
57. THE PROPOSITIONS OF THE HOUSES SENT TO THE KING
[July 4, 1646. Rushworth, vi. 209. See Great Civil War, ii. 506.]
May it please your Majesty, We the Lords and Commons assembled in the Parliament of England, in the name and on the behalf of the kingdom of England and Ireland, and the Commissioners of the Parliament of Scotland, in the name and on the behalf of the kingdom of Scotland, do humbly present unto your Majesty the humble desires and propositions for a safe and well-grounded peace, agreed upon by the Parliaments of both kingdoms respectively, unto which we do pray your Majesty's assent; and that they, and all such Bills as shall be tendered to your Majesty in pursuance of them, or any of them, may be established and enacted for Statutes and Acts of Parliament, by your Majesty's royal assent, in the Parliament of both kingdoms respectively.
1. Whereas, both Houses of the Parliament of England have been necessitated to undertake a war in their just and lawful defence, and afterwards both kingdoms of England and Scotland joined in solemn League and Covenant, were engaged to prosecute the same;
That by Act of Parliament in each kingdom respectively, all oaths, declarations and proclamations heretofore had, or hereafter to be had, against both or either of the Houses of Parliament of England, the Parliaments of the kingdom of Scotland, and the late Convention of Estates in Scotland, or the Committees flowing from the Parliament or Convention in Scotland, or their ordinances and proceedings, or against any for adhering unto them, or for doing or executing any office, place or charge, by any authority derived from them; and all judgments, indictments, outlawries, attainders and inquisitions in any the said causes; and all grants thereupon had or made, or to be made or had, 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 a 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 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, November 29, 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 have agreed, or shall agree upon, after consultation had with the Assembly of Divines.
6. Forasmuch as both kingdoms are mutually obliged by the same Covenant, to endeavour the nearest conjunction and uniformity in matters of religion, according to the Covenant, as after consultation had with the Divines of both kingdoms assembled, is or shall be jointly agreed upon by both Houses of Parliament of England, and by the Church and kingdom of Scotland, be confirmed by Acts of Parliament of both kingdoms respectively.
7. 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, 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 a sufficient conviction of recusancy.
8. An Act of Parliament for education of the children of Papists by Protestants in the Protestant religion.
9. 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 loss.
10. 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.
11. The like for the kingdom of Scotland, concerning the four last preceding propositions, in such manner as the Estates of the Parliament there shall think fit.
12. That the King do give his royal assent to an Act for the due observance of the Lord's 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 Westminster, Winchester and Eton;
And to such Act or Acts for raising of monies for the payment and satisfaction 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 that if the King doth not give his assent thereunto, then it being done by both Houses of Parliament, the same shall be as valid to all intents and purposes, as if the royal assent had been given thereunto.
The like for the kingdom of Scotland.
And that His Majesty give assurance of his consenting in the Parliament of Scotland to an Act acknowledging and ratifying the Acts of the Convention of Estates of Scotland. called by the Council and Conservers of the Peace and the Commissioners for the common burdens, and assembled