The Propositions of the Lords and Commons Assembled in Parliament, for a safe and well grounded Peace.
WE the Lords and Commons Assembled in the Parliament of England, in the name, and on the behalf of the Kingdoms of England and Ireland, and the Commissioners of the Parliament of Scotland, in the name, and on the behalf of the Kingdome 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 Kingdomes respectively: Ʋnto which we do pray your Majesties Assent: And that they and all [Page 2]such Bils as shall be tendred to Your Majesty in pursuance of them; or any of them, may be Establisbed and Enacted for Statutes and Acts of Parliament, by your Majesties Royall Assent in the Parliaments of both Kingdomes respectively.
I WHereas both Houses of the Parliament of England, have been necessitated to undertake a Warre in their just and lawfull defence: And afterwards both Kingdomes of England and Scotland joyned in solemne League and Covenant, were engaged to prosecute the same. That by Act of Parliament in each Kingdome respectively, all Oathes, Declarations, and Proclamations heretofore had, or hereafter to be had against both or either of the Houses of the Parliament of England, the Parliament of the Kingdome of Scotland, 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; or for doing or executing any Office, Place, or Charge, by any Authority derived from them. And all Judgements, Indictments, Outlawries, Attainders, and Inquisitions, in any the said Causes; And all Graunts thereupon made or had, or to be made or had, be declared Null, suppressed and forbidden. And that this be publikely intimated in all Parish Churches within His Majesties Dominions, and all other places needfull.
II. That His Majestie, according to the laudabie example of His Royall Father of happy memory, may [Page 3]be pleased to swear and signe the late Solemne League and Covenant; And that an Act of Parliament be passed in both Kingdoms respectively, for enjoyning the taking thereof by all the Subjects of the three Kingdomes; And the Ordinances concerning the manner of taking the same in both Kingdomes, be confirmed by Acts of Parliament respectively, with such penalties, as by mutuall advice of both Kingdomes shall be agreed upon.
III. That a Bill be passed for the utter abolishing and taking away of all Archbishops, Bishops, their Chancellors, and Commissaries, Deanes, and Sub-Deanes, Deanes and Chapters, Arch-Deacons, Cannons, and Prebendaries; And all Chaunters, Chancellors, Treasurers, Sub-Treasurers, Succentors, and Sacrists; and all Vicars Chorill, and Choresters, old Vicars, and new Vicars of any Cathedrall 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, 29 November 1643. and joynt Declaration of both Kingdomes.
IIII. That the Ordinances concerning the Calling and sitting of the Assembly of Divines, be confirmed by Act of Parliament.
V. That Reformation of Religion, according to the Govenant, be setled by Act of Parliament, in such manner as both Houses have agreed, or shall agree upon, after Consultation had with the Assembly of Divines.
[Page 4]VI. For as much as both Kingdomes are mutually obliged by the same Covenant, to endeavour the neerest 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 Kingdomes now Assembled, is or shall be joyntly agreed upon by both Houses of Parliament of England, and by the Church and Kingdome of Scotland, be confirmed by Acts of Parliament of both Kingdomes respectively.
VII. That for the more effectuall disabling Jesuits, Priests, Papists, and Popish Recusants from disturbing the State, and deluding the Lawes; and for the better discovering, and speedy Conviction of Recusants, an Oath be established by Act of Parliament to be Administred to them, wherein they shall abjure and renounce the Popes Supremacy, the Doctrine of Transubstantiation, Purgatory, Worshiping of the Consecreted Hoast, Crucifixes and Images, and all other Popish Superstitions, and Errours, and refusing the said Oath, being tendred in such manner as shall be appointed by the said Act, to be a sufficient Conviction of Recusancy.
VIII. An Act of Parliament for Education of the Children of Papists by Protestants, in the Protestant Religion.
IX. An Act for the true Leavie of the Penalties against them, which Penalties to be Leavied and disposed in such manner as both Houses shall agree on, wherein to be provided that His Majesty shall have no losse.
X. That an Act be passed in Parliament, whereby [Page 5]the practises of Papists against the State may be prevented, and the Lawes against them duely executed, and a stricter course taken to prevent the Saying, or Hearing of Masse in the Court, or any other part of this Kingdome.
XI. The like for the Kingdome of Scotland, concerning the foure last preceding Propositions, in such manner as the Estates of the Parliament there shall thinke fit.
XII. That the King doe give his Royall assent to an Act for the due observation of the Lords Day.
And to the Bill for the suppression of Innovations in Churches, and Chappels in and about the Worship of God, &c.
And for the better advancement of the Preaching of Gods holy Word in all parts of this Kingdom.
And to the Bill against the enjoying of Pluralities of Benefices by Spirituall 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 Colledges of Westminster, Winchester, and Eaton.
And to such Act or Acts for raising of Monies for the payment and satisfying of the Publique Debts and Damages of the Kingdome, and other Publique uses, as shall hereafter be agreed on by both Houses of Parliament; and that if the King doe 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 Royall Assent had been given thereunto.
The like for the Kingdome of Scotland.
[Page 6]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 Counsell and Conservers of the peace, and the Commissioners of the Common Burthens, and Assembled the two and twentieth day of June, 1643. and severall times continued since; and of the Parliament of that Kingdome since Convened.
XIII. That the Lords and Commons in the Parliament of England Assembled, shall during the space of twenty yeares; from the first of July, 1646. Arme, Traine, and Discipline, or cause to be Armed, Trained, and Disciplined, all the Forces of the Kingdomes of England, and Ireland, and Dominion of Wales, the Isles of Gerusey, and Iersey, and the Town of Barwick upon Tweed, already raised both for Sea and Land Service; and shall from time to time during the said space of twenty yeares, Raise, Leavie, ARme, Traine, and Discipline, or cause to be raised, Leavied, Armed, Trained, and Disciplined, any other Forces for Land and Sea service in the Kingdomes, Dominions, and places aforesaid, as in their iudgements they shall from time to time during the said space of twenty yeares thinke fit, and appoint; and that neither the King, His Heires, or Successors, nor any other but such as shall Act by the Authority or approbation of the said Lords and Commons, shall during the said space of twenty yeares, exercise any of the Powers aforesaid.
And the like for the Kingdome of Scotland, if the Estates of the Parliament there shall thinke fit.
[Page 7]That monies be raised and levied for the maintenance and use of the said Forces for land service, and of the Navy and forces for Sea service, in such sort and by such waies and meanes as the said Lords and Commons shall from time to time during the said space of twenty yeares think fit and appoint, and not otherwise. That all the said Forces both for Land and Sea service, so raised or leavied or to be raised or leavied, and also the Admiralty and Navy, shall from time to time during the said space of twenty yeeres, be imployed mannaged, ordered and disposed by the said Lords and Commons in such sort, and by such waies and meanes as they shall thinke fit, and appoint, and not otherwise. And the said Lords and Commons during the said space of twenty yeares, shall have power.
1. To suppresse all forces raised or to be raised, without authority and consent of the said Lords and Commons, to the disturbance of the publique peace of the Kingdomes of England and Ireland, and Dominion of Wales, the Isles of Guernsey and Iersey, and the Towne of Barwicke upon Tweede, or any of them.
2. To suppresse any forreine Forces who shall invade, or indeavour to invade the Kingdoms of England, and Ireland, Dominion of Wales, the Isles of Guernsey and Iersey, and the Towne of Barwicke upon Tweede, or any of them.
3. To conjoyne such Forces of the Kingdome [Page 8]of England, with the Forces of the Kingdome of Scotland, as the said Lords and Commons shall from time to time during the said space of twenty yeeres, judge fit and necessary: To resist all forreine invasions, and to suppresse any Forces, raised or to be raised against, or within either of the said Kingdomes; To the disturbance of the publique peace of the said Kingdomes, or any of them by any authority under the great Seale, or other warrant whatsoever, without consent of the said Lords and Commons of the Parliament of England, and the Parliament or the Estates of the Parliament of Scotland respectively; And that no Forces of either Kingdome, shall goe into nor continue in the other Kingdome without the advice and desire of the said Lords and Commons of the Parliament of England, and the Parliament of the Kingdome of Scotland, or such as shall be by them appointed for that purpose; And that after the expiration of the said twenty yeeres, neither the King, his Heires or Successors, nor any person or persons by colour or pretence of any Commission, Power, Deputation, or authority to be derived from the King his Heires or Successors, or any of them, shall raise, arme, traine, discipline, imploy, order, mannage, disband, or dispose any of the Forces by Sea, or Land, of the Kingdomes of England and Ireland, the Dommion of Wales, Isles of Gernsey and Iersey, and the Towne of Barwicke upon Tweed; Nor exercise any of the said powers or authorities [Page 9]in the precedent Articles mentioned and expressed to be during the said space of twenty yeeres in the said Lords and Commons; Nor doe any Act or thing concerning the execution of the said powers, or authorities, or any of them, without the consent of the said Lords and Commons first had, and obtained. That after the expiration of the said twenty yeeres in all cases wherein the Lords and Commons shall declare the safety of the Kingdome to be concerned, and shall thereupon passe any Bill or Bills for the raising, arming, training, disciplining, imploying, mannaging, ordering or disposing of the Forces by Sea or Land, of the Kingdomes of England and Ireland, the Dominions of Wales, the Isles of Gernsey and Iersey, and the Towne of Barwicke upon Tweede, or of any part of the said Forces or concerning the Admiralty and Navy, or concerning the leavyng of monies for the raising, maintenance or use of the said Forces for Land service, or of the Navy, and Forces for Sea service, or of any part of them; And [...]f that the Royall Assent to such Bill or Bills shall not be given in the House of Peeres within such time after the passing thereof by both Houses of Parliament, as the said Houses shall judge fit and convenient; That then such Bill or Bills so passed by the said Lords and Commons as aforesaid, and to which the Royall Assent shall not be given as is herein before expressed, shall neverthelesse after declaration of the said Lords and Commons made [Page 10]in that behalfe, have the force and strength of an Act or Acts of Parliament; And shall be as valid to all intents and purposes, as if the Royall Assent had been given thereunto.
Provided, that nothing herein before contained shall extend to the taking away of the ordinary legall power of Sheriffs, Justices of Peace, Mayors, Baliffs, Coroners, Constables, Headboroughs, or other Officers of Justice not being millitary Officers, concerning the administration of Justice so as neither the said Sheriffs, Justices of the Peace, Mayors, Bailiffs, Coroners, Constables, Headboroughs and other Officers, nor any of them, doe leavy, conduct, imploy, or command any forces whatsoever, by colour or pretence of any Commission of Array, or extraordinary command from his Majestie his Heires or Successors, without the consent of the said Lords and Commons.
And if any person shall he gathered and assembled together in warlike manner, or otherwise to the number of thirty persons, and shall not forthwith disband themselves being required thereto by the said Lords and Commons, or command from them, or any by them, especially authorized for that purpose, then such person and persons not so disbanding themselves, shall be guiltie and incurre the paines of high Treason, being first declared guiltie of such offence by the said Lords and Commons; Any Commission under the great Seale or other warrant to the contrary notwithstanding.
[Page 11]And he, or they that shall offend herein, to be incapable of any pardon from his Majestie his Heires or Successors, and their Estates shall be disposed as the said Lords and Commons shall thinke fit, and not otherwise.
Provided that the City of London, shall have and injoy all their Rights, Liberties and Franchises Customes, and usages in the raising, and imploying the Forces of that City, for the defence therof, in as full and ample manner, to all intents and purposes, as they have or might have used or enjoyed the same at any time, before the making of the said Act or Proposition; To the end that City may be fully assured, it is not the intention of the Parliament, to take from them any priviledges, or immunities in raising or disposing of their Forces, which they have or might have used or injoyed heretofore.
The like for the Kingdome of Scotland, if the Estates of the Parliament there shall thinke fit.
14 That by Act of Parliament, all Peeres made since the day, that Edward Lord Littleton, then Lord Keeper of the Great Seale deserted the Parliament; and that the said Great Seale, was serruptitiously conveyed away from the Parliament; being the one and twentieth day of May, 1642. And who shall be hereafter made, shall [Page 12]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 twentieth of May, 1642. being the day that both Houses declared. That the King seduced by evill Councell, intended to raise warre against the Parliament, be declared Null and Voyd.
The like for the Kingdome of Scotland, those being excepted. whose Patents were passed the Great Seale before the 4 th. of Iune, 1644.
15 That an Act be passed in the Parliaments of both Kingdomes respectively, for confirmation of the Treaties passed betwixt the two Kingdomes (viz.) the large Treaty, the late Treaty for the coming of the Scots Army into England, and the setling of the Garrison of Barwick of the 29. of November 1643. and the Treaty, concerning Ireland of the 6. of August, 1642. for the bringing of tenne thousand Scots into the Province of Ulster in Ireland, with all other Ordinances and proceedings passed betwixt the two Kingdomes, and whereunto they are obliged by the aforesaid Treaties.
And that Algernon Earle of Northumberland, Iohn Earle of Rutland, Philip Earle of Pembrook [Page 13]and Mountgomery, Robert Earle of Essex, Theophilus Earle of Lincolne, James Earle of Suffolk, Robert Earle of Warwick, Edward Earle of Manchester, Henry Earle of Stanford, Francis Lord Dacres, Philip Lord Wharton, Francis Lord Willoughby, Dudly Lord North, Iohn Lord Hunsdon, William Lord Gray, Edward Lord Howard of Estrick, Thomas Lord Bruce. Ferdinando Lord Fairefax, Master Nathaniel Fienes, Sir William Armine, Sir Philip Stapilton, Sir Henry Vane senior, Master William Pierpoint, Sir Edward Aiscough, Sir William Strickland, Sir Arthur Hasilrig, Sir Iohn Fenwick, Sir William Brereton, Sir Thomas Middrington, Master Iohn Iell, Master Gilbert Willington, Sir William Constable, Sir Iohn Wray, Sir Henry Vane junior, Master Henry Darley, Oliver Saint Iohn Esquire, His Majesties solicitor Generall, Master Denzell Hollis, Master Alexander Rigby, Master Cornelius Holland, Master Samuel Vassell, Master Peregrin Pelham, John Glyn Esquire, Recorder of London, Master Henry Marten, Master Alderman Hoyle, Master Iohn Blakiston, Master Serjeant Wilde, Master Richard Barwis, Sir Anthony Ieby, Master Ashurst, Master Bellingham, and Master Tolson, Members of both Houses of the Parliament of England, shall be the Commissioners for the Kingdome of England, for conservation of the Peace betweene the two Kingdomes to Act according to the Powers in that behalfe exprest in the Articles of the large Treaty, and not otherwise.
[Page 14]That His Majesty give His assent to what the two Kingdomes shall agree upon in prosecution of the Articles of the large Treaty, which are not yet finished.
16 That an Act be passed in the Parliaments of both Kingdomes respectively, for establishing the joynt Declaration of both Kingdomes bearing date the 30. day of January 1643. in England, and 1644. in Scotland with the qualifications ensuing.
1. Qualification.
That the Persons who shall expect no pardon be onely these following.
Rupert, and Maurice. Count Palatines of Rhine.
James Earle of Darby, Iohn Earle of Bristoll, William Earle of Newcastle, Francis Lord Cottington, George Lord Digby, Matthew Wren Bishop of Ely, Sir Robert Heath Knight, Doctor Bramhall Bishop of Derry, Sir William Widdrington, Colonell George Goring, Henry Jermin Esquire, Sir Ralph Hopton, Sir Iohn Biron, Sir Francis Doddington, Sir Iohn Strangwayes, Master Endymion Porter, Sir George Radcliffe, Sir Marmaduke Langdale.
- [Page 15] Henry Vaughan, Esquire, now called Sir Henry Vaughan.
- Sir Francis Windebanke.
- Sir Richard Greenvill
- Mr. Edward Hide, now called Sir Edward Hide.
- Sir Iohn Marley
- Sir Nicholas Cole
- Sir Thomas Riddell, Junior.
- Sir Iohn Colepepper
- Mr. Richard Lloyd, now called Sir Richard Lloyd.
- Master David Ienkins
- Sir George Strode
- George Carteret, Esquire, now called Sir George Carteret.
- Sir Charles Dallison, Knight.
- Richard Lane, Esquire, now called Sir Richard Lane.
- Sir Edward Nicholas
- Iohn Ashburnham, Esquire
- Sir Edward Harbert, Knight, His Majesties Attorney Generall.
- Earle of Traquaire
- Lord Harris
- Lord Rae
- George Gourdon, sometime Marquesse of Humley
- Iames Graham, sometime Earle of Montrosse.
- Robert Maxwell, late Earle of Nithsdale.
- Robert Dalyell, sometime Earle of Carne [...]ath.
- Iames Gerdon, sometime Viscount of Aboyne.
- Lodowick Linsey, sometime Earle of Crawford.
- Iames Ogley, sometime Earle of Airby.
- [Page 16] Iames Ogley, sometime Lord Ogley.
- Patrick Ruthen, sometime Earle of Forth.
- Iames King, sometime Lord Itham.
- Alester Madonald.
- Iewing, Younger of Deumin.
- Gordan Younger of Gight.
- Lesley of Auchentoule.
- Colonell Iohn Cockram.
- Graham of Gorthie.
- Mr. Iohn Maxwell, sometime pretended Bishop of Rosse.
And all such others as being Processed by the Estates for Treason, shall be condemned before the Act of Oblivion be passed.
2. Qualification.
ALL Papists and Popish Recusants, who have been, now are, or shall be actually in Armes, or voluntarily assisting against the Parliament, or Estates of either Kingdome; and by name,
- The Marquesse of Winton.
- Earle of Worcester.
- Edward Lord Harbert of Ragland, son to the Earle of Worcester.
- Lord [...].
- Carell Mollin [...]x, Esquire
- Lord Arundell of Warder.
- Sir Francis Howard.
- Sir [...].
- [Page 17]Sir Charles Smith.
- Sir Iohn Preston.
- Sir Bazill Brooke.
- Lord Audley, Earle of Castlehaven in the Kingdome of Ireland.
- William Sheldon of Beely, Esquire.
- Sir Henry Beddingfield.
3. Qualification.
ALL persons who have had any hand in the plotting, designing, or assisting the Rebellion of Ireland, except such persons who having only assisted the said Rebellion, have rendred themselves, or come into the Parliament of England.
4. Qualification.
- That Humfrey Bennet, Esquire.
- Sir Edward Ford.
- Sir Iohn Penruddock.
- Sir George Vaughan.
- Sir Iohn Weld.
- Sir Robert Lee.
- Sir Iohn Pate.
- Iohn Ackland.
- Edmond Windham, Esquire.
- Sir Iohn Fitzharbert.
- Sir Edward Lawrence.
- Sir Ralph Dutton.
- Henry Lingen, Esquire.
- Sir William Russell of Worceflershire.
- Thomas Lee of Adlington, Esquire.
- Sir Iohn Girlington
- Sir Paul Neale.
- Sir William Thorold.
- Sir Edward Hussey.
- Sir Thomas Liddell, Sen.
- Sir Philip Musgrave.
- Sir Iohn Digby of Nottinghamshire.
- [Page 18]Sir Henry Fletcher.
- Sir Richard Mynshall.
- Lawrence Halstead.
- Iohn Denham, Esquire.
- Sir Edmond Fortescue.
- Peter Sainthill, Esquire.
- Sir Thomas Tildesley.
- Sir Henry Griffith.
- Michael Wharton,Esq.
- Sir Henry Spiller.
- Mr. George Benyon, now called Sir George Benyon.
- Sir Edward Walgrave.
- Sir Edward Bishop.
- Sir Robert Owseley.
- Sir Iohn Man [...].
- Lord Cholmley.
- Sir Thomas Aston.
- Sir Lewis Dives.
- Sir Peter Osbourne.
- Samuel Thornton, Esquire
- Sir Iohn Lucas.
- Iohn Blaney, Esquire.
- Sir Thomas Chedle.
- Sir Nicholas Kemish.
- Hugh Lloyd, Esquire.
- Sir Nicholas Crispe.
- Sir Peter Ricaut.
And all such of the Scottish Nation, as have concurred in the Votes at Oxford, against the Kingdome of Scotland and their proceedings, or have sworne 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 Kingdome of Scotland, or the late Invasion made there by the Irish and their Adherents, be removed from His Majesties Councells, and be restrained from comming within the Verge of the Court, and that they may not without the advice and consent of both Houses of the Parliament of England, or the Estates in the Parliament of Scotland respectively, beare any Office, or have any imployment concerning the State or Common Wealth; And in case any of [Page 11]them shall offend therein, to be guiltie of high Treason, and incapable of any pardon from His Majesty, & their estates to be disposed as both Houses of the Parliament of England, or the Estates of the Parliament in Scotland respectively shall think fit: And that one full third part upon full value of the estates of the persons aforesaid, made incapable of imployment as aforesaid, be imployed for the payment of the Publique Debts, and Damages, according to the Declaration.
1 Branch.
That the late Members, or any who pretended themselves late Members of either House of Parliament, who have not onely deserted the Parliament, but have also sate in the unlawfull assembly at Oxford, called or pretended by some to be a Parliament, and Voted both Kingdomes Traytors, and have not voluntarily rendred themselves before the last of October, 1644. be removed from His Majesties Councells, and be restrained from comming within the Verge of the Court. And that they may not without advice and consent of both Kingdomes beare any Office, or have any imployment concerning the State or Common Wealth: And in case any of them shall offend therein, to be guiltie of high Treason, and incapable of any pardon by His Majestie, and their estates to be disposed as both Houses of Parliament in England, or the Estates of the Parliament of Scotland respectively, shall thinke fit.
2 Branch.
That the late Members, or any who pretended themselves Members of either House of Parliament, who have sate in the unlawfull assembly at Oxford, called or pretended by some to be a Parliament, and have not voluntarily rendred themselves before the last of October, 1644. be removed from His Majesties Councells, and restrained from comming within the Verge of the Court; And that they may not without the advice and consent of both Houses of Parliament, beare any Office, or have any imployment concerning the State and Common Wealth: And in case any of them shall offend therein, to be guiltie of high Treason, and incapable of any pardon from His Majestie, and their estates to be disposed as both Houses of the Parliament of England shall thinke fit.
3 Branch.
That the late Members, or any who pretended themselves Members of either House of Parliament, who have deserted the Parliament, and adhered to the Enemies thereof, and have not rendred themselves before the last of October, 1644. be removed from His Majesties Councells, and be restrained from comming within the Verge of the Court, And that they may not without the advice and consent of both Houses of Parliament beare any Office, or have any imployment concerning the State Common Wealth: And in case any of them shall offend therein, to be [Page 21]guiltie of high Treason, and incapable of any pardon from His Majestie, and their estates to be disposed as both Houses of Parliament in England shall thinke fit.
5. Qualification.
THat all Judges, and Officers, towards the Law, Common, or Civill, who have deferted the Parliament, and adhered to the Enemies thereof, be incapable of any place of Judicature or Office towards the Law, Common, or Civill: And that all Serjeants, Councellours, and Atturneys, Doctors, Advocates, and Proctors of the Law, Common, or Civill, who have deserted the Parliament, and adhered to the Enemies thereof, be incapable of any practise in the Law, Common, or Civill, either in publique or private, and shall not be capable of any preferment or imployment in the Common Wealth, without the advice and consent of both Houses of Parliament; And that no Bishop, or Clergy-man, no Master or Fellow of any Colledge, or Hall, in either of the Universities, or elsewhere, or any Master of Scoole, or Hospitall, or any Ecclesiasticall person, who hath deserted the Parliament, and adheered to the Enemies thereof, shall hold or enjoy, or be capable of any preferment or imployment in Church or Common Wealth; But all their said severall preferments, places, and promotions, shall be utterly voyd, as if they were naturally dead; Nor shall [Page 22]they otherwise use their Function of the Ministry without advice and consert of both Houses of Parliament; Provided, that no Laps shall incurre by such vacancy untill six moneths past, after notice thereof.
6. Qualification.
THat all persons, who have beene actually in Armes against the Parliament, or have counselled, or voluntarily assisted the Enemies thereof, are disabled to be Sheriffs, Justices of the Peace, Maiors, or other head Officers of any Citie or Corporation, Commissioners of Oyer and Terminer, or to fit or serve as Members, or assistants in either of the Houses of Parliament, or to have any Military imployment in this Kingdome without the consent of both Houses of Parliament.
7. Qualification.
THe persons of all others to be free of all personall censure, notwithstanding any Act, or thing done in, or concerning this Warre, they taking the Covenant.
8. Qualification.
THe estates of those persons excepted in the first three precedent Qualifications; And the estates of Edward Lord Littleton, and of William Laud late Archbishop of Canterbury, to pay publique Debts and Dammages.
9. Qualification.
1. Branch.
That two full parts in three, to be divided of all the Estates of the Members of either House of Parliament who have not only deserted the Parliament, but have also Voted both Kingdomes Traytors, and have not rendred themselves before the first of December, 1645. shall be taken and employed for the payment of the publique debts and dammages of the Kingdome.
2. Branch.
That two full parts in three, to bee divided of the Estates of such late Members of either House of Parliament, as sate in the unlawfull Assembly at Oxford, and shall not have rendered themselves before the first of December, 1645. shall be taken and employed for the payment of the Publique debts and dammages of the Kingdome.
3. Branch.
That one full Moitie of the Estates of such Persons late Members of either of the Houses of Parl. who have deserted the Parliament, and adhered to the Enemies thereof, and shall not have rendred themselves before the first of Decem. 1645. shall be taken and employed for the payment of the publique debts and dammages of the Kingdome.
10. Qualification.
That a full third part of the value of the Estates of all Judges and Officers towards the Law, Common or Civill, and of all the Serjeants, Councellours, and Aturneyes, Doctors, Advocates, and Proctors of the Law, Common or Civill; And of Bishops, Clergymen, Masters and Fellowes of any Colledge or Hall in either of the Universities, or else where; And of all Masters of Schooles, or Hospitalls, and of Ecclesiasticall Persons who have deserted the Parliament, and adhered to the enemies thereof, and have not rendered themselves before the first of December, 1645. shall be taken and employed for the payment of the Publique debts and dammages of the Kingdome.
That a full sixth part on the full Value of the Estates of the Persons excepted in the sixth Qualification concerning such as have been actually in Armes against the Parliament, or have Councelled or voluntarily assisted the Enemies thereof, and are disabled according to the said Qualification, to be taken and employed for the payment of the publique debts and dammages of the Kingdome.
11. Qualification.
That the Persons and Estates of all Common Souldiers, and others of the Kingdome of England, who in Lands or Goods bee not worth two hundred pounds Sterlin: And the Persons and Estates of all Common Souldiers and others of the Kingdome of [Page 25] Scotland, who in Lands or Goods bee not worth one hundred Pounds Sterlin, beat liberty and discharged.
Branch 1.
This Proposition to stand as to the English, and as to the Scots likewise; If the Parliament of Scotland or their Commissioners shall so think fit.
Branch 2.
That the first of May last, is now the day limited for the persons to come in that are comprised within the former Qualification.
That an Act be passed, whereby the Debts of the Kingdome, and the Persons of Delinquents, and the value of their Estates may bee knowne: And which Act shall appoynt in what manner the Confiscations and Proportions before mentioned may bee leavied, and applyed to the discharge of the said Engagements.
The like for the Kingdome of Scotland, if the Estates of Parliament, or such as shall have power from them shall thinke fit.
17. That an Act of Parliament be passed, to declare and make voyd the Cessation of Ireland, and all Treaties and Conclusions of Peace, or any Articles thereupon with the Rebells, without consent of both Houses of Parliament. And to settle the Prosecution of the Warre of Ireland in both Houses of the Parliament of England; to bee managed [Page 26]by them: And the King to assist, and to doe no Act to discountenance or molest them therein.
That Reformation of Religion according to the Covenant bee setled in the Kingdome of Ireland by Act of Parliament, in such manner as both Houses of the Parliament of England have agreed, or shall agree upon, after Consultation had with the Assembly of Divines here.
That the Deputy, or chiefe Governour, or other Governours of Ireland, and the Presidents of the severall Provinces of that Kingdome be nominated by both the Houses of the Parliament of England, or in the Intervalls of Parliament: by such Committees of both Houses of Parliament, as both Houses of the Parliament of England shall nominate and appoint for that purpose. And that the Chauncellor, or Lord Keeper, Lord Treasurer, Commissioners of the great Seale or Treasury, Lord Warden of the Cinque Ports, Chancellor of Exchequer and Dutchy; Secretaries of State, Maister of the Rolls, Judges of both Benches, and Barons of the Exchequer of the Kingdomes of England and Ireland, and the Vice Treasurer, and Treasurers at Warres of the Kingdome of Ireland bee nominated by both Houses of the Parliament of England, to continue Quam diu se bene gesserint, and in the Intervalls of Parliament by the afore-mentioned Committees; to bee approved, or disallowed by both Houses at their next sitting.
The like for the Kingdome of Scotland, concerning the nomination of the Lords of the Privy Councell, Lords of Session, and Exchequer, Officers [Page 27]of State, and Justice Generall, in such manner as the Estates of Parliament there shall think fit.
18. That the Militia of the City of London, and liberties thereof, may bee in the ordering and government of the Lord Major, Aldermen, and Commons in Common Councell assembled, or such as they shall from time to time appoint, (whereof the Lord Major and Sheriffs for the time being to bee three:) To be imployed and directed from time to time in such manner as shall be agreed on, and appointed by both Houses of Parliament.
That no Citizen of the City of London, nor any of the Forces of the said City, shall be drawn forth or compelled to goe out of the said City, or Liberties thereof for Military service, without their own free consent.
That an Act be passed for the granting and confirming of the Charters, Customes, Liberties, and Franchises of the City of London, notwithstanding any Nonuser, Misuser, or Abuser.
That the Tower of LONDON may bee in the Government of the City of LONDON. And the chief Officer and Governour thereof from time to time bee nominated and removeable by the Common Councell: And for prevention of inconveniences which may happen by the long intermission of Common Councells, it is desired, that there may be an Act, that all by Lawes and Ordinances already made, or hereafter to be made by the Lord Major, Aldermen and Commons in Common Councell Assembled, [Page 28]touching the Calling, continuing, directing, and regulating the same Common Councels, shall be as effectuall in Law to all Intents and Purposes as if the same were particularly Enacted by the Authority of Parliament: And that the Lord Major, Aldermen, and Commons in Common Councell, may add to, or Repeale the said Ordinances from time to time as they shall see cause.
That such other Propositions as shall bee made for the City, for their further safety, welfare, and Governement, and shall be approved of by both Houses of Parliament may bee granted and confirmed by Act of Parliament.
19. That all Grants, Commissions, Presentations, Writs, Process, proceedings, and other things passed under the Great Seale of England in the custody of the Lords and other Commissioners appointed by both Houses of Parliament for the custody thereof, be, & by Act of Parliament with the Royall assent, shal be declared and Enacted to bee of like full force, and effect to all Intents and purposes, as the same or like grants, Commissions, Presentations, Writs, Processe, Procedings, and other things under any great Seale of England, in any time heretofore were, or have beene; And that for time to come the said great Seal now remaining in Custody of the said Commissioners, continue, and bee used for the great Seale of England; And that all Grants, Commissions, Presentations, Writs, Processe, Proceedings and other things whatsoever passed under or by authority of any other great Seale, since the 22 th. of May, Anno [Page 29]Dom. 1642. or hereafter to be passed, be Invalid, and of no effect, to all Intents and purposes: Except such Writs, Processe, and Commissions, as being passed under any other great Seal, then the said great Seal in the Custody of the Commissioners aforesaid, on or after the said 22 th. day of May, and before the 28. day of November, Anno Dom. 1643. were afterward proceeded upon, returned into, or put in ure in any the Kings Courts at Westminster: And except the Grant to Mr. Justice Bacon, to bee one of the Justices of the Kings Bench. And except all Acts and proceedings by vertue of any such Commissions of Goale Delivery, Assize, and Nisi prius, or Oyer and Terminer, passed under any other great Seale then the Seale aforesaid in custody of the said Commissioners before the first of October, 1642.
And that all Grants of Offices, Lands, Tenements, or hereditaments made, or passed under the great Seale of Ireland unto any Person or Persons, Bodies Politique or Corporate, since the Cessation made in Ireland, the fifteenth day of September, 1643. shall be null, and voyd. And that all Honours and Titles conferred upon any Person or Persons in the said Kingdome of Ireland, since the said Cessation, shall bee null, and void.