An ORDINANCE OF THE LORDS and COMMONS Assembled in PARLIAMENT FOR The present setling (without further delay) Of the Presbyteriall Government In the Church of ENGLAND.

ORdered by the Lords Assembled in Parliament, That this Ordinance concerning Church-Government, be forthwith printed and published.

Joh. Brown Cler. Parliamentorum.

LONDON, Printed for Iohn Wright at the Kings Head in the old Bavley. 1646.

AN ORDINANCE OF THE LORDS and COMMONS Assembled in PARLIAMENT.

THe Lords and Commons in Par­liament, holding their former resolution, That all notorious and scandalous Offenders shalbe kept from the Sacrament, have thought fit to make a further addition to the scandalous Offences formerly enumerated, for which men shall bee kept [Page 2] from the Sacrament; and least the stay of the enumeration, and the not naming of Comms­sioners to judge of Cases not enumerated, should hinder the putting in execution the Presbyterian Government already established: They have thought fit, that in regard that divers persons fit to be Commissioners, according to the last Ordinance of 14 Martii 1645. by rea­son of the present Distractions, are absent from their habitations, and so cannot doe the service therein, which otherwise they might doe: They doe therefore Ordaine, that in stead and place of Commissioners in the said Ordinance,

THomas Earle of Arundell and Surry, Algernon Earle of Northumberland, Henry Earle of Kent, Iohn Earle of Rutland, Philip Earle of Pembroke and Montgomery, Robert Earle of Essex, Theophilus Earle of Lincolne, Charles Earle of Nottingham, Iames Earle of Suffolke, William Earle of Salisbury, Iohn Earle of Bridgewater, Robert Earle of Warwicke, Bazall Earle of Denbigh, Iames Earle of Middlesex, Oliver Earle of Bollingbrooke, Edward Earle of Manchester, Edmond Earle of Mulgrave, Henry Earle of Stamford, William Lord Viscount Say and Seale, George Lord Berkley, Francis Lord Dacres, Philip Lord Wharton, Francis Lord Willoughby of Parham, Dudley Lord North, Iohn Lord Hunsdon, Charles Lord Stanhopp, Edward Lord M [...]untague, William Lord Grey of Warke, Iohn Lord Ro­b [...]rts, William Lord Maynard, Edward Lord Howard of [Page 3] Escrieh, Richard Lord Herbert Cherberry, Thomas Lord Bruce.

Francis Rous, Edmond Prideaux Esquires, Sir Henry Vane Senior, Iohn Glyn Esquire, Recorder of London; Sir Ro­bert Harley, Bulstrode Whitlock Esquire, Humphrey Sallo­way Esquire, Master Serjeant Wilde, Oliver St. Iohn Es­quire, his Majesties Sollicitor; Sir Benjamin Rudyard Knight, Master Tate, Sir Iohn Clotworthy Knight, Iohn Maynard Esquire, Sir Henry Vane junior Knight, William Pierrepont Esquire, William Wheeler Esquire, Sir Willi­am Masham, Walter Young, Sir Iohn Evelyn Knight, Iohn Selden Esquire, Samuel Browne Esquire, Sir William Strickland, Walter Long Esquire, Herbert Morley Es­quire, George Snelling Esq Harbottle Grimston Esq Iohn Boys Esq Richard Shuttleworth, Lord Fairfax, Sir John D'Anvers, John Crew Esq Sir Anthony Irby, Sir Iohn Hol­land, Sir Philip Stapleton, Luke Robinson Esq Thomas We­strow Esq Denzell Hollis Esq Henry Lucas Esq Sir Iohn Dreydon, Robert Reynolds Esq Sir Thomas Middleton, Ro­bert Jennor Esq Henry Oxenden Esq Sir Gilbert Gerrard, Nicholas Stoughton Esq Sir John Burgoyne, Sir Edward Aiscough, Iohn Swynfen Esq Sir Henry Heyman, Edw. Leigh Esq Sir Thomas Wroth, Samuel Gott Esq Sir John Bamfield, William Ball Esq John Palmer Esq Laurence Whitacre Esq Sir Arther Heslerigg, Sir Dudley North, Sir William Waller, Nathaniel Bacon Esq Richard Edwards Esq Luke Hodges Esq Sir William Lewis, Francis Allen Esq Giles Greene Esq John Gourdon Esq Dennis Bond Esq Sir Peter Went­worth, Sir Samuel Luke, Edward Bainton Esq Richard Salloway junior, Simon Theloall Esq Oliver Cromwell Esq Isaac Pennington Esq Alderman of the City of London, John Ven Esq Doctor John Bond, Sir Richard Onslow, Sir William Armyn, William Aiscough Esquire, George Abbot [Page 4] Esquire, Cornelius Holland Esquire, Iohn Blackiston E­squire, Lord Herbert, Sir Walter Erle, Henry Martin Esquire, Sir Thomas Dacres, Richard Browne Esquire, William Ellis Esquire, Iohn Lisle Esquire, William Ashurst Esquire, Sir Iohn Treavor, Sir Nathaniel Barnardiston, Thomas Lord VVenman, Sir Martin Lumley, Samuel Vassall Esquire, Sir Matthew Boynton, Jervace Piggott Esquire, Iohn Hutchinson Esquire, Thomas Hatcher Esquire, Iames Fiennes Esquire, Valentine Walton Esquire, Iohn Ste­phens Esquire, Sir Iohn Evelyn of Surry, Thomas Scott Esquire, Thomas Pury Esquire, Henry Peck Esquire, Thomas Hodges of Gloucestershire Esquire, William Leman Esquire, Richard Winwood Esquire, Iohn Lowry Esquire, Sir Martin Lister, Sir Edmond Fowell, Robert Wallop Esquire, Richard Whitehead Esquire, Nathaniell Hallows Esquire, Robert Brewster Esquire, Sir Edward Hunger­ford, Richard Norton Esquire, Sir Thomas Barnardiston, Sir Thomas Trenchard, Miles Corbet Esquire, Sir Henry Mildmay, Thomas Atkin Esquire, Alderman of the City of London, Lord Cranborne, Roger Hill Esquire, Sir John Barrington, John Trenchard Esquire, Sir John Corbet, Alex­ander Popham Esquire, Sir Samuel Roll, Sir Iohn Coke, Iohn Nut Esquire, Ralph Ashton Esquire, Richard Barwis Esquire, William Armyn Esquire, Kichard Tolson Esquire, Sir Henry Cholmely, Sir Thomas Widdrington, George Fen­wick Esquire, Edmond Ludlow Esquire, Lillibon Long Esquire, Francis Drake Esquire, Sir Michaell Livesay, Ed­ward Stephens Esquire, Sir VVilliam Spring, Iames Herbert Esquire, Henry Laurence Esquire, Iohn Roll Esquire, Sir Iohn Francklyn, Thomas Sandys Esquire, Sir Thomas Mali­verer, Sir VVilliam Litton, Nathaniell Fiennes Esquire, VVilliam Purefey Esquire:

Or any nine of them shall be a Committee of [Page 5] Lords and Commons, to adjudge and deter­mine scandalous offences not formerly enume­rated, and the Elderships shall proceed in the Examinations of such scandalous offences accor­ding to the causions and restrictions mentioned in the Ordinance of the twentieth of October, 1645. And the said Committee shall have such power, and shall proceed in such sort as is here­after mentioned.

If any notorious and scandalous offence not formerly enumerated be committed by any within any Eldership, and so after full proofe shall be found before the Eldership, who shall have power to examine Proofs and Witnesses on both sides, in case both the Eldership and the party complained of do agree, the Proofs and Examinations to be duly taken, the said Elder­ship shall forthwith certifie the said Offence, with the Proofs, to the said Committee of Par­liament, who shall with all convenient speed determine and adjudge the same; But in case the party accused shall finde himselfe grieved, either by the not examination or undue exami­nation of Witnesses, or mis-entring of the De­positions, [Page 6] in such case he shall forthwith declare the same to the Eldership, who shall relieve him if there be cause, which if they shall not do, then the three Justices of Peace next to the Pa­rish whereof the party complained of is a Mem­ber, or any two of them, not being of the same Eldership before whom the Complaint lyes, shall have power, and are hereby inabled and re­quired forthwith to examine upon Oath the said Witnesses that were not examined, or were mis-examined, or whose Depositions were mis­entred, and with all convenient speed retume the Examination to the said Committee of Par­liament: And in case the said Justices, or any two of them, do not finish their Examination, within six daies after the Cause shall be present­ed to them, the Party shall abstaine untill they have finished and certified their Examinations; And the said Committee upon hearing the whole matter from the Eldership and Justices, or either of them, shall adjudge whether the same be a notorious and scandalous offence, and so proved or no. And in case the said Commit­tee shall not adjudge and determine the Case [Page 7] within fourteen daies after the receipt of the Certificate to them made, the party against whom the said Certificate shall be made, shall abstaine from the Sacrament, untill the Com­mittee shall determine the same, unlesse in the meane time the party shall shew his repentance for the said offence, and thereof give satisfacti­on to the Eldership; And if the said Committee shall adjudge the same not to be a scandalous Offence, or not well proved, the said party shall be admitted to the Sacrament; and if they shall adjudge the same to be a scandalous Offence, and so proved, he shall not be admitted to the Sacrament untill he shall have testified his repen­tance to the Eldership.

And be it further Ordained, That the El­dership shall either give personall notice to the Party complained of before them, or else leave notice in writing at his dwelling place, of the time and place when and where they will exa­mine Witnesses against him, and also of the time that they will make their Certificate to the Committee of Parliament. And in case informa­tion shall be given to the Eldership of a notori­ous [Page 8] and scandalous offence committed by any within their Eldership, they shall forthwith pro­ceed to the Examinat on thereof; And if they cannot finish their Examination till the week be­fore the Sacrament, and they shall then finde by sufficient proof that he hath committed a noto­rious and scandalous Offence, and yet they can­not certifie the same before the Sacrament, it be­ing to be administred within a week after, in such case the party shall abstaine from the Sa­crament for the next time onely, unlesse the Committee of Parliament, to whom the same is to be certified, shall adjudge the same a notori­ous and scandalous offence, and so proved; for which he ought to be kept from the Sacrament: and in such case, upon the testifying of his re­pentance to the Eldership, he shall be againe re­stored to the Sacrament, and not before.

And be it further Ordained, If any shall finde themselves agrieved with the judgement against him given by the said Committee, they shall appeale from thence to both Houses of Par­liament, if they see cause.

And be it Ordained, That the Committee [Page 9] to whom the said Certificate shall be made, as aforesaid, shall report to both Houses the said severall Cases to them certified, and their judge­ments thereupon, that so the Offences not yet enumerated may be added to the enumeration, in case the Houses shall so think sit, and in their Reports they shall take care that they first report those Certificates and their opinions thereupon, wherein they at any time shall differ from the Eldership.

And be it further Ordained, That this Ordi­nance shall continue for the space of three yeers, and no longer, unlesse both Houses think fit to continue it.

Ioh. Brown Cler. Parliamentorum.
FINIS.

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