upon Tweed already raised both for Sea and Land service and shall from time to time during the space of ten years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea service in the Kingdoms Dominions and places aforesaid as in their judgments they shall from time to time during the said spaceof ten years think fit to appoint and that neither the King His Heirs or Successors or any other but such as shall Act by the Authority or approbation of the said Lords and Commons shall during the said space of ten years exercise any of the powers aforesaid 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 ways and means as the said Lords and Commons shall from time to time during the said space of ten years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of ten years be imployed managed ordered and disposed by the Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons or such as they shall appoint during the said space of ten years shall have power 1. To suppress all Forces raised or to be raised without authority and consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any foreign Forces who shall invade or indeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Barwick upon Tweed or any of them And after the expiration of the said ten years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission power deputation or authority to be derived from the King His Heirs or Successors or any of them shall without the consent of the said Lords and Commons raise arm train discipline imploy order manage disband or dispose any the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernesey and Jersey and the Town of Barwick upon Tweed nor exercise any of the said powers or authorities herein before-mentioned and expressed to be during the space of ten years in the said Lords and Commons nor do any act or any 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 And with the same Provisoes for saving the ordinary legal power of Officers of Justice not being Military Officers as is set down in your Propositions and with a Declaration That if any persons shall be gathered and assembled together in a warlike manner or otherwise to the number of thirty persons and shall not forthwith disperse 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 or persons not so dispersing themselves shall be guilty and incur the pains of high Treason being first declared guilty of such offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding and he or they that shall so offend herein to be uncapable of any pardon from His Majesty His Heirs or Successors And likewise that it be provided that the City of London shall have and enjoy all their Rights Liberties c. in raising and imploying the Forces of that City in such sort as is mentioned in the said Proposition With these Provisoes following to be inserted in the said Act. First That none be compelled to serve in the War against their Wills but in case of coming in of strange Enemies into this Kingdom And that the powers above-mentioned as concerning the Land-Forces other than for keeping up and maintenance of Forts and Garrisons and the keeping up maintaining and pay of this present Army so long as it shall be thought fit by both Houses of Parliament be exercised to no other purposes than for the suppressing of Forces raised or to be raised without authority and consent of the said Lords and Commons as aforesaid or for suppressing of any Foreign Forces which shall invade or endeavour to invade the Kingdoms Dominions or places aforesaid And that the Monies be raised by general and equal Taxations saving that Tunnage and Poundage and such Imposts as have been applyed to the Navy be raised as hath been usual And that all Patents Commissions and other Acts concerning the premisses be made and acted in His Majesties name by Warrant signified by the Lords and Commons or such others as they shall authorize for that purpose If it shall be more satisfactory to His two Houses to have the Militia and powers thereupon depending during the whole time of His Majesty's Reign rather than for the space of ten years His Majesty gives them the election Touching Ireland His Majesty having in the two preceding Propositions given His consent concerning the Church and the Militia there in all things as in England as to all other matters relating to that Kingdom after advice with His two Houses He will leave it to their determination and give His consent accordingly as is herein hereafter expressed Touching publick Debts His Majesty will give His consent to such an Act for raising of Monies by general and equal Taxations for the payment and satisfying the Arrears of the Army publick Debts and engagements of the Kingdom as shall be agreed on by both Houses of Parliament and shall be audited and ascertained by them or such persons as they shall appoint within the space of twelve Months after the passing of an Act for the same His Majesty will consent to an Act that during the said space of ten years the Lord Chancellour or Lord Keeper Commissioners of the Great Seal or Treasury Lord Warden of the Cinque-ports Chancellour of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of England be nominated by both Houses of the Parliament of England to continue quam diu se bene gesserint and in the intervals of Parliament by such others as they shall authorize for that purpose His Majesty will consent that the Militia of the City of London and Liberties thereof during the space of ten years may be in the ordering and Government of the Lord Mayor Aldermen and Commons in the Common Council assembled or such as they shall from time to
tendred such Propositions that might occasion the World to judge that they have yielded up not only their Wills and Affections but their Reasons also and Judgments for obtaining a true Peace or good Accommodation It is true that if they can shew what reasonably they could have asked more or wherein the King's Offers were deficient either in Point of Security or by with-holding from any His Subjects a jot of their just Priviledges then they said somewhat to challenge Belief But bare Asseverations even against what a Man sees will not get credit with any but such who abandon their Judgments to an implicite Faith nor can the Determinations of all the Parliaments in the World make a thing Just or Necessary if it be not so of it self And can it be imagined that any who were ever acquainted with the Passages at the Treaties of Oxford and Vxbridge will believe though it be said that the Propositions tendred at Newcastle were the same in effect which had been presented to the King before in the midst of all His strength and Forces Indeed methinks such gross slips as these should at least make a man be wary how to believe such things for which He sees no Proofs And yet it should seem that a man must either take their words for good payment or remain unsatisfied for a little after it is said that the Kings strange unexpected and conditional Answers or Denials might justly have made them consider some other course for setling the Kingdom in Peace and Safety without any farther Application but never shewn wherein the strangeness of His Answers or Denials consists And I should think that those Reasons upon which the laying by of a King's Authority is grounded for it is no less ought to be particularly mentioned for the Worlds satisfaction and not involved in general big words for it thereby seems that it is their force of Arms more than that of Reason which they trust to for procuring of obedience to their Determinations or belief to what they say Otherways can it be imagined that their saying that their last Propositions were so qualified that where it might stand with the publick Safety the wonted Scruples and Objections were prevented or removed can give satisfaction to any rational man who hath seen all their former Propositions for it is most evident that their Demands have always encreased with their good Fortune And for their great Condescension to a Personal Treaty which under favour can scarcely be called so for the King though He had granted what was desired was not to come either to or near London but to stay in the Isle of Wight and there to Treat with Commissioners upon signing the Four Bills surely they incurred therein but little danger for it is most evident that they contain the very substance of the most essential parts of their Demands which being once granted the King would neither have had power to deny nor any thing left worth the refusing for after He had confessed that He had taken up Arms to invade the Liberty of His People whereas it was only for the Defence of His own Rights and had likewise condemned all those who had faithfully served Him of Rebellion and that He had totally devested Himself His Heirs and Successors for ever of the power of the Sword whereby the Protection of His Subjects which is one of the most essential and necessary Rights belonging to Regal Authority is totally torn away from the Crown and that by a silent Confession He had done Himself and Successors an irreparable prejudice concerning the great Seal I speak not of the other two Bills neither of which are of little importance what was there more for Him to grant worth the insisting upon after such Concessions or indeed what power was left Him to deny any thing So that the King's necessity of giving the Answer He did for it was no absolute Refusal is most evident unless He had resolved to have lived in quiet without Honour and to have given His People Peace without Safety by abandoning them to an arbitrary and unlimited power of the two Houses for ever concerning the levying of Land or Sea-Forces without stinting of numbers or distinction of persons and for Payments to levy such summes of Monies in such sort and by such ways and means as they shall think fit and appoint And now I cannot but ask is this the Militia that the King contends for or did ever any King of England pretend to or seek for such a Power surely no but this is a new Militia and take heed lest this should prove like the Roman Praetorian Cohorts that what they did in chusing and changing Emperours these do not to this Government by moulding and altering it according to their Fancies Now my eagerness to clear this Point concerning the four Bills had almost made me forget a most material Question I wonder much wherein the Danger consists of a Personal Treaty with the King ever since He was last at Newcastle Surely He cannot bring Forces along with Him to awe His two Houses of Parliament and it is as well known that He hath not Money to raise an Army and truly there is as little fear that the Eloquence of His Tongue should work Miracles but on the contrary if He were so ill a man as you describe Him to be whatsoever He shall say or write must more prejudice Him than You for let Him never flatter Himself it must be clear not doubtful Reason that can prevail against that great visible prevailing Power which now opposes Him nor do I say it will but certainly less cannot do it Where is then the Danger Believe it Reason will hardly maintain those who are afraid of her After this it is said that they had cause enough to remember that the King sometimes denied to receive their humble Petitions but they neither tell where nor when which I am most confident they cannot but I am certain that the King hath sent divers Messages of Peace to them unto which He hath yet had no Answer namely His last from Oxford of the 15. January 1645. and all the rest since As for the Fight at Brainford whosoever will read the Collection of the Declarations in print upon that subject will clearly find that the King hath more reason to complain that they under colour of Treaty sought to environ Him with their Forces than they for what He then did and His retreat was neither for Fear nor with Shame for the appearing of the Enemy made Him retard not hasten His orders for retiring which divers hours before their appearing He had given which He did without any loss at all but on the contrary retreated with more Arms eleven Colours and fifteen pieces of Ordnance beside good store of Ammunition than He had before And for Cruelty there was not a drop of Blood shed but in the heat of the Fight for I saw above five hundred Prisoners who only promising
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 of the Common Burthens and assembled the Two and Twentieth day of June 1643. and several times continued since and of the Parliament of the Kingdom since convened XIII That the Lords and Commons in the Parliament of England assembled shall during the space of twenty years from the first of July 1646. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey 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 years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and that neither the King His Heirs 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 years exercise any of the Powers aforesaid And the like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit That Moneys 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 ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered and disposed by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons during the said space of twenty years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 3. To conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of Twenty years judge fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal 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 Kingdom shall go into or continue in the other Kingdom without the Advice and Desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them appointed for that purpose And that after the expiration of the said Twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of VVales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed nor exercise any of the said Powers or Authorities in the precedent Articles mentioned and expressed to be during the said space of Twenty years in the said Lords and Commons nor do 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 years in all Cases wherein the Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any part of the said Forces or concerning the Admiralty and Navy or concerning the levying of Moneys 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 if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers 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 Royal Assent shall not be given as is herein before expressed shall nevertheless after declaration of the said Lords and Commons made in that behalf 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 Royal Assent had been given thereunto Provided that nothing herein before contained shall extend to the taking away of the ordinary Legal power of Sheriffs Justices of Peace Maiors Bailifs Coroners Constables Headboroughs or other Officers of Justice not being military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of the Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers nor any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons And if any persons shall be 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 guilty and incur the pains of High
Proclamations and other Proceedings against it to be void An Act concerning Peers lately made and hereafter to be made An Act concerning the Adjournments of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Raising settling and maintaining Forces by Sea and by Land within the Kingdoms of England and Ireland and Dominion of VVales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed BE it Enacted by the King's Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled shall during the space of twenty years from the first of November 1647. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land service and shall appoint all Commanders and Officers for the said Forces and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and shall from time to time appoint all Commanders and Officers for the said Forces or remove them as they shall see cause and shall likewise nominate appoint place or displace as they shall see cause all Commanders and Officers within the several Garrisons Forts and Places of strength as shall be within the Kingdoms of England Ireland and Dominion of Wales the Isles of Gernsey and Jersey and Town of Barwick upon Tweed and that neither the King His Heirs 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 years exercise any of the powers aforesaid And be it further enacted by the Authority aforesaid That Moneys 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 ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise and that all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered disposed or disbanded by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And be it further Enacted by the Authority aforesaid That the said Lords and Commons during the said space of twenty years shall have power in such sort and by such ways and means as they shall think fit and appoint to suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and also to suppress any Forreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and likewise to conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of twenty years judg fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal 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 Kingdoms shall go into or continue in the other Kingdom without the Advice and desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them respectively appointed for that purpose And be it Enacted by the Authority aforesaid That after the expiration of the said twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea and Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any of them nor exercise any of the said Powers or Authorities before-mentioned and expressed to be during the said space of twenty years in the said Lords and Commons nor do 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 And be it further also Enacted That after the expiration of the said twenty years in all cases wherein the said Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any part of the said Forces or concerning the said Admiralty or Navy or concerning the levying of Moneys 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 if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers 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 Royal Assent shall not be given as is herein before expressed shall nevertheless after Declaration of the said Lords and Commons made in that behalf 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 Royal Assent had been given
reforming both Universities and the Colleges of Westminster Winchester and Eaton His Majesty will consent to an Act for the better discovery and speedy conviction of Popish Recusants as is desired in your Propositions and also to an Act for the Education of the Children of Papists by Protestants in the Protestant Religion As also to an Act for the rrue levying of the Penalties against Papists to be levied and disposed in such manner as both Houses shall agree on and as is proposed on His Majesties behalf And also to an Act to prevent the practises of Papists against the State and for putting the Laws in execution and for a stricter course to prevent hearing and saying of Mass But as to the Covenant His Majesty is not yet therein satisfied that He can either sign or swear it or consent to impose it on the Consciences of others nor doth conceive it proper or useful at this time to be insisted on Touching the Militia His Majesty conceives that your Proposition demands a far larger power over the Persons and Estates of His Subjects than hath ever hitherto been warranted by the Laws and Statutes of this Realm yet considering the present Distractions require more and trusting in His two Houses of Parliament that they will make no further use of the Power therein mentioned after the present Distempers setled than shall be agreeable to the Legal exercise thereof in times past or just necessity shall require His Majesty will consent to an Act of Parliament That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled or such as they shall appoint during the space of ten years shall Arm Train and Discipline or cause to be Armed Trained or Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernesey and Jersy and the Town of Berwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the space of ten years raise levy arm train and discipline or cause to de raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and places aforesaid as in their judgments they shall from time to time during the said space of ten years think fit to appoint And that neither the King His Heirs or Successors or any other but such as shall act by the Authority or approbation of the said Lords and Commons shall during the said space of ten years exercise any of the Powers aforesaid That Moneys 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 ways and means as the said Lords and Commons shall from time to time during the said space of ten years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of ten years be imployed managed ordered and disposed by the Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons or such as they shall appoint during the said space of ten years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Berwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Berwick upon Tweed or any of them And after the expiration of the said ten years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall without the Consent of the said Lords and Commons raise arm train discipline employ order manage disband or dispose any the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernesey and Jersey and the Town of Berwick upon Tweed nor exercise any of the said Powers or Authorities herein before mentioned and expressed to be during the space of ten years in the said Lords and Commons nor do any act or any 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 And with the same Provisoes for saving the ordinary Legal Power of Officers of Justice not being Military Officers as is set down in your Propositions And with a Declaration That if any persons shall be gathered and assembled together in a Warlike manner or otherwise to the number of thirty persons and shall not forthwith disperse themselves being require thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person or persons not so dispersing themselves shall be guilty and incur the pains of High Treason being first declared guilty of such offence by the said Lords and Commons any Commission under the Great Seal or any other Warrant to the contrary notwithstanding And he or they that shall so offend herein to be uncapable of any Pardon from His Majesty His Heirs or Successors And likewise that it be provided that the City of London shall have and enjoy all their Rights Liberties c. in raising and imyloying the Forces of that City in such sort as is mentioned in the said Proposition With these Provisoes following to be inserted in the said Act. First That none be compelled to serve in the Wars against their wills but in case of coming in of strange Enemies into this Kingdom And that the Powers above mentioned as concerning the Land-Forces other than for keeping up and maintenance of Forts and Garisons and the keeping up mantaining and pay of this present Army so long as it shall be thought fit by both Houses of Parliament be exercised to no other purposes than for the suppressing of Forces raised or to be raised without Authority and Consent of the said Lords and Commons as aforesaid or for suppressing of any Foreign Forces which shall invade or endeavour to invade the Kingdoms Dominions or places aforesaid And that the Monies be raised by general and equal Taxations saving that Tonnage and Poundage and such Imposts as have been applyed to the Navy be raised as hath been usual And that all Patents Commissions and other Acts concerning the Premisses be made and acted in His Majesties Name by Warrant signified by the Lords and Commons or
Lords and Commons in this present Parliament assembled shall be nominated assigned and appointed thereby authorizing and requiring them or any five or more of them and giving them full Power and Authority by the Oaths of good and lawful men as by all other good and lawful ways and means to enquire and find out what Mannors Castles Lordships Granges Messuages Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Vicarages Churches Chappels Advowsons Nominations Presentations Rights of Patronage Parks Annuities and other Possessions and Hereditaments whatsoever of what nature or quality soever they be lying and being within every such County or City not hereby limited or disposed of unto His Majesty do belong or appertain unto all every or any such Arch-bishop Bishop Dean Sub-dean Dean and Chapter Arch-deacon Chaunter Chancellor Treasurer Sub-Treasurer Succentor Sacrist Prebendary Canon Canon Residentiary Petty-Canon Vicar-Choral Chorister old Vicar or new Vicar in right of their said Dignities Churches Corporations Offices or Places respectively and what and how much of the same is in possession and the true yearly Value thereof and what and how much thereof is out in Lease and for what Estate and when and how determinable and what Rents Services and other Duties are reserved and payable during such Estate and also the true yearly Value of the same as they are now worth in possession as also what Rents Pensions or other Charges or other Sums of Money are issuing due or payable out of any the Mannors Lands or Premisses and to make an exact and particular Survey thereof and to take and direct and settle such course for the safe custody and keeping of all Charters Evidences Court-Rolls and Writings whatsoever belonging unto all or any the Persons Dignities Churches Corporations Offices and Places or concerning any the Mannors Lands Tenements Hereditaments or other Premisses before mentioned as in their discretion shall be thought meet and convenient and of all and singular their doings and proceedings herein fairly written and ingross'd in Parchment to make Return and Certificate into the Court of Chancery And to this further intent and purpose that speedy care and course may be taken for providing of a competent maintenance for supply and encouragement of Preaching Ministers in the several Parishes within the Kingdom of England and Dominion of VVales Be it likewise Ordained and Enacted That the same Commissioners and Persons authorized as above-said shall have full Power and Authority by the Oaths of good and lawful men as by all other good ways and lawful means to enquire and find out the true yearly Value of all Parsonages and Vicarages presentative and all other Spiritual and Ecclesiastical Benefices and Livings unto which any Cure of Souls is annexed lying and being within such Counties and Cities and of all such particularly to enquire and certifie into the Court of Chancery what each of them are truly and really worth by the year and who are the present Incumbents or Possessors of them and what and how many Chappels belonging unto Parish-Churches are within the limits of such Counties and Cities within which they are directed and authorized to enquire and how the several Churches and Chappels are supplied by Preaching Ministers that so course may be taken for providing both for Preaching and of maintenance where the same shall be found to be needful and necessary Provided always that this Act or any thing therein contained shall not extend to any Colledge Church Corporation Foundation or House of Learning in either of the Vniversities within this Kingdom And the said Sir VVilliam Roberts Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer and Peter Malbourne Esquires and the Survivors and Survivor of them or the greater part of them his and their Heirs and Assigns are hereby directed and authorized to give and allow unto such Officers as by them shall be thought fitting and necessary for keeping of Courts collecting of Rents Surveying of Lands and all other necessary imployments in and about the Premisses and unto the Commissioners authorized by this Act and such others as shall be necessarily imployed by them all such reasonable Fees Stipends Salaries and Sums of Money as in their discretion shall be thought just and convenient And the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer and Peter Malbourne Esquires the Survivors and Survivor of them his and their Heirs and Assigns of their several Receipts Imployments Actions and Proceedings shall give an accompt and be accomptable unto the Lords and Commons in Parliament or such Person or Persons as from time to time by both Houses of Parliament shall be nominated and appointed in such manner and with such Power Priviledge and Jurisdiction to hear and determine all matters concerning such Accompts as by both Houses of Parliament shall from time to time be thought necessary to be given them and not elsewhere nor otherwise Saving to all and every Person and Persons Bodies Politick and Corporate their Heirs and Successors and the Heirs and Successors of them and every of them other than such Person or Persons Bodies Politick and Corporate whose Offices Functions and Authorities are taken away and abolished by this Act as to any Estate Right Title or Interest which they or any of them claim to have or hold in right of their said Churches Dignities Functions Offices or Places and other then the Kings Majesty His Heirs and Successors as Patrons Founders or Donors and all and every other Person and Persons Bodies Politick and Corporate as may claim any thing as Patrons Founders or Donors all such Right Title Interest Possession Rents Charge-Rent Service Annuities Offices Pensions Portions Commons Fees Profits Claims and Demands either in Law or Equity whatsoever and all and singular such Leases for Years Life or Lives as were before the twentieth day of January in the year of our Lord One thousand six hundred forty two made unto them or any of them by any the Persons or Corporations above named acccording to the Laws and Statutes of this Realm and warranted by the same and all such Leases and Estates as having been heretofore made have been established or settled by any Judgement or Decree in any of the Courts at Westminster and have been accordingly enjoyed and all Duties and Profits whatsoever which they or any of them have or may claim or of right ought to have of in to or out of any the said Mannors Lands or Premisses whatsoever or any part or parcel thereof in such sort manner form and condition to all intents constructions and purposes as if this Act had never been made MDCXLIII IV. The Articles of the late Treaty of the Date Edenburgh the 29. of November 1643. Die Mercurii 3. Januarii 1643-44 Articles of the Treaty agreed upon betwixt the Commissioners of
Commissioners should have the Power but for seven years yet We should not have it after those seven years nor at any time unless they and We could agree in it so much would they have gained by this seeming compliance in point of limitation of this Power to a time though not to that time of three years which We proposed But they justifie the Reasonableness of it for whereas Our Commissioners in their Paper to which this of theirs is applied as an Answer tell them that if the time for this Power be unlimited We and Our Posterity shall for ever part with Our peculiar Regall Power of being able to resist Our Enemies or protect Our good Subjects and with that undoubted and never-denied Right of the Crown to make War and Peace or ever more to have Jurisdiction over Our own Navy and Fleet at Sea the Command thereof being also a part of this great Power to be given to these Commissioners they answer plainly They cannot admit of this peculiar Regall Power which Our Commissioners mention to reside in Vs concerning the Militia and to make Peace and War or that it is otherwise to be exercised then by Authority from Vs and both Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively We approve of their ingenuity that now at the breaking off of the Treaty they tell Us in plain terms what they mean Though the Common-Law-books and Records of Parliament have mentioned that the sole Power of protecting the Subjects belongs to the King and that He alone hath Power to make Peace and War though it hath been the language of former Parliaments even of the last Parliament and at the beginning of this Parliament That the Power of Peace and War is in the King but if He will have Money from His Subjects to maintain the Wars He must have their Consents and though the universal consent and common Opinion heretofore hath gone accordingly yet they cannot admit thereof as to have been Our Right for the Answer is made to the assertion concerning Our Right And not admitting it it seems their Oaths of Allegeance and Supremacy to defend Our Crown and Dignity and to assist and defend all Jurisdictions Priviledges and Authorities belonging to Us oblige them not And as they do not admit this Power in Right to have been in Us alone for the time past so neither will they admit it for the time to come in Us or Our Successors to be able to resist Our Enemies or protect Our Subjects or to make Peace or War but it must be by Authority from Vs and the two Houses and the Estates of the Parliament of Scotland respectively They are to be associated in these Regal Powers and the Scepter and the Sword may in Pictures or Statues but are not in deed to be in the Kings hand alone Upon these grounds We wonder not that they would have the Navy and Fleet at Sea to be put into the hands of their Commissioners for seven years as the Militia for the Land and after the seven years to be commanded in such manner as they and We should agree and not otherwise for the say the Reasons are the same for them as for the Militia by Land It is a principal means they say of their security and We cannot find they think themselves to have any security if We and Our Successors have any Power But if We will part with Our Power wholly unto them We and Our Posterity shall be fully secured by the Affections of Our Subjects that is by the Lords and Commons now at VVestminster who in their sense represent all the People who by themselves during the Parliament or when they shall please to make any Recesses by their Commissioners during the Intervals will free Us from the burthen of the Militia and of Our Navy and so of protecting Our Subjects and will save Us the Charge of Our Navy because it is to be principally maintained by the free gift of the Subject out of Tonnage and Poundage and other Impositions upon Merchandise And having taken this care for Our Security suitable to all their Actions these three years last past they say that for security of those who have been with Vs in the War an Act of Oblivion is desired to be passed whereby all Our Subjects would have been put in one and the same condition and under the same protection with some Exceptions mentioned in the Propositions We are not willing to mention those Exceptions by which not only most of Our best Subjects who have been with Us in the War according to their Duties by express or general terms are excepted but all the Estates of some of them and a great part of the Estates of the rest of them for that very cause because they were with Us in the War are to be forfeited As for securing them by an Act of Oblivion they have less cause to desire it than they who propose it as being more secured by the Conscience of doing their Duties and the protection of the known Common Law of the Land if it might take place than any protection under the two Houses or their Commissioners for the Militia yet we were not unwilling for the security of all Our Subjects to have assented to an Act of Oblivion being willing as much as in Us lies to have made up these Breaches and buried the memory of these unhappy Divisions It was urged by Our Commissioners that according to the literal sense of the Propositions in the Powers given to the Commissioners for the Militia That Sheriffs and Justices of Peace and other legal Ministers could not raise the Posse Comitatus or Forces to suppress Riots without being liable to the interpretation of the Commissioners To this they answer That this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legal Process nor can be intended to be any disturbance but for the preservation of the Peace We shall admit that to be their meaning but it being by the Propositions made Treason in any who shall levy any Forces without Authority or consent of the Commissioners to the disturbance of the publick Peace it is apparent that the Sheriffs or Justices of Peace if they raise any Forces to suppress any tumultuous Assembly which it is possible some of the Commissioners may countenance or for executing of other legal Acts may not only be liable to the interpretation of being disturbers of the Publick Peace but feel the punishment of it And whereas they say That the Power given by the Propositions to the Commissioners for the Militia of both Kingdoms as a joynt Committee for the hearing and determining Civil Actions and Differences cannot be extended further than preservation of the Articles of the Peace to be made We conceive that a Court being thereby allowed to them for the hearing and determining of Civil matters for the preservation of
and that these places of Scripture 1 Tim. v. 22. Tit. i. 5. 1 Tim. v. 19. Titus 3. 10. do prove that Timothy and Titus had power to ordain Presbyters and Deacons and to exercise censures over Presbyters and others and that the second and third Chapters of the Revelation do prove That the Angels of the Churches had power of governing of the Churches and exercising Censures But that either the Apostles or Timothy and Titus or the Angels of the Churches were Bishops as Bishops are distinct from Presbyters exercising Episcopal Government in that sense or that the Apostles did commit and derive to any particular persons as their Substitutes and Successors any such Episcopal Government or that this is proved in the least measure by the Scriptures alledged we do as fully deny And therefore do humbly deny also That Episcopal Government is therefore most consonant to the Word of God and of Apostolical institution or proved so to be by these Scriptures None of these were Bishops or practised Episcopal Government as Bishops are distinct from Presbyters Neither is such an Officer of the Church as a Bishop distinct from a Presbyter to be found in the New Testament by which we humbly conceive that our Faith and Conscience touching this point ought to be concluded The Name Office and Work of Bishop and Presbyter being one and the same in all things and never in the least distinguisht as is clearly evident Tit. i. 5 7. For this cause left I thee in Crete that thou shouldest set in order the things that are wanting and ordain Presbyters in every City as I had appointed thee For a Bishop must be blameless In which place the Apostle his reasoning were altogether invalid and inconsequent if Presbyter and Bishop were not the same Office as well as they have the same Name The same is manifest Acts xx 17 28. And from Miletus he sent to Ephesus and called the Presbyters of the Church to whom he gave this charge verse 28. Take heed therefore unto your selves and to all the Flock over which the Holy Ghost hath made you Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to feed and govern the Church of God Where we observe That the Apostle being to leave these Presbyters and never to see their faces more verse 28. doth charge them with the feeding and governing of the Church as being Bishops of the Holy Ghost's making But that the Holy Ghost did make any superior or higher kind of Bishops than these common Presbyters is not to be found in that or any other Text. And that under the mouth of two or three witnesses this assertion of ours may stand we add to what we have already said that in 1 Pet. v. 1 2. The Presbyters which are among you I exhort who am also a Presbyter Feed the flock of God which is among you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 performing the office of Bishops Where it appears plain to us that under the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 used in this place is expressed whatsoever work the Presbyters are to do Neither can Bishops so called as above Presbyters do more for the government and good of the Church otherwise than is there expresly enjoyned unto Presbyters By all which that hath been said the point is rendred to be most clear to the judgement of most men both ancient and of later times That there is no such Officer to be found in the Scriptures of the New Testament as a Bishop distinct from a Presbyter neither doth the Scripture afford us the least notice of any qualification required in a Bishop that is not required in a Presbyter nor any Ordination to the Office of a Bishop distinct from a Presbyter nor any work or duty charged upon a Bishop which Presbyters are not enjoyned to do nor any greater honour or dignity put upon them For that double honour which the Apostle speaks of 1 Tim. v. 17. as due to Presbyters that rule well is with a note of especially affixed to that Act or work of labouring in the word and Doctrine which is not that Act wherein Bishops have challenged a singularity or peculiar eminency above the Presbyters To that which Your Majesty doth conceive That Episcopal government was practised by the Apostles themselves we humbly answer That the Apostles as they were the highest Officers of the Church of Christ so they were extraordinary in respect of their commission gifts and Office and distinguisht from all other Officers 1 Cor. xii 28. God hath set some in the Church first Apostles secondarily Prophets thirdly Teachers Ephes iv 11. Christ gave some Apostles and some Prophets and some Evangelists and some Pastors and Teachers Where the Apostles are distinguished from Pastors and Teachers who are the ordinary Officers of the Church for Preaching the Word and Government That they had power and authority to ordain Church-Officers and to exercise Censures in all Churches we affirm and withal that no other Persons or Officers of the Church may challenge or assume to themselves such power in that respect alone because the Apostles practised it except such power belong unto them in common as well as to the Apostles by warrant of the Scripture For that Government which they practised was Apostolical according to the peculiar commission and authority which they had and no otherwise to be called Episcopal than as their Office was so comprehensive as they had power to do the work of any or all other Church-Officers in which respect they call themselves Presbyteri Diaconi but never Episcopi in distinct sense and therefore we humbly crave leave to say that to argue the Apostles to have practised Episcopal Goverment because they ordained other Officers and exercised Censures is as if we should argue a Justice of Peace to be a Constable because he doth that which a Constable doth in some particulars It 's manifest that the Office of Bishops and Presbyters was not distinct in the Apostles They did not act as Bishops in some Acts and as Presbyters in other Acts the distinction of Presbyters and Bishops being made by men in after-times And whereas Your Majesty doth conceive that the Episcopal Government was by the Apostles committed and derived to particular persons as their Substitutes or Successors therein as for ordaining Presbyters and Deacons giving rules concerning Christian discipline and exercising censures over Presbyters and others seeming by the alledged places of Scripture to instance in Timothy and Titus and the Angels of the Churches we humbly answer and first to that of Timothy and Titus We grant that Timothy and Titus had Authority and Power of ordaining Presbyters and Deacons and of exercising Censures over Presbyters and others though we cannot say they had this power as the Apostles Substitutes or Successors in Episcopal Government nor that they exercised the power they had as being Bishops in the sense of Your Majesty but as extraordinary Officers or Evangelists which Evangelists were an
at Our Court at Tavestock the 8 th of September 1644. The Bill for Abolishing Episcopacy VVHereas the Government of the Church of England by Arch-bishops Bishops their Chancellors and Commissaries Deans Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchy hath by long experience been found to be a great impediment to the perfect Reformation and growth of Religion and very prejudicial to the Civil State and Government of the Kingdom Be it therefore Enacted by the King 's most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That from and after the fifth day of November in the year of our Lord One Thousand Six Hundred Forty and Three there shall be no Arch-bishop Bishop Chancellor or Commissary of any Arch-Bishop or Bishop nor any Dean Sub-dean Dean and Chapter or Arch deacon nor any Chancellor Chaunter Treasurer Sub-treasurer Succentor or Sacrist of any Cathedral or Collegiate Church nor any Prebendary Canon Canon-Residentiary Petty-Canon Vicar-Choral Choristers old Vicars or new Vicars of or within any Cathedral or Collegiate Church or any other their Officers within this Church of England or Dominion of Wales and that from and afrer the said fifth day of November the Name Title Dignity Jurisdiction Office and Function of Arch bishops Bishops their Chancellors and Commissaries Deans Sub-deans Deans and Chapters Arch-deacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Sub-treasurers Succentors and Sacrists and all Vicars-Choral and Choristers old Vicars and new Vicars and every of them and likewise the having using or exercising of any Power Jurisdiction Office or Authority by reason or colour of any such Name Title Dignity Office or Function within this Realm of England or Dominion of Wales shall thenceforth cease determine and become absolutely void and shall be abolished out of this Realm and the Dominion of Wales any Usage Law or Statute to the contrary in any wise notwithstanding And that from and after the said fifth day of November no Person or Persons whatsoever by Virtue of any Letters-Patents Commission or other Authority derived from the King's Majesty His Heirs or Successors shall use or exercise any Jurisdiction Ecclesiastical within this Realm or Dominion of Wales but such and in such manner as shall be appointed and established by Act of Parliament And that all Counties Palatine Mannors Lordships Castles Granges Messuages Mills Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be other than Impropriations Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were of or belonging unto any Arch-bishop Bishop Arch-bishoprick or Bishoprick or any of them or which they or any of them held or injoyed in right of their said Arch-bishoprick or Bishoprick respectively shall by the Authority of Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of the King's Majesty His Heirs and Successors and He shall have hold possess and enjoy the same to Him His Heirs and Successors without any Entry or other Act whatsoever and that the King's Majesty His Heirs and Successors His and their Lessees Farmers and Tenants shall hold and enjoy the same discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial means to all intents and purposes as any Arch-bishop or Bishop at any time or times within the space of two years last past held or enjoyed or of right ought to have held or enjoyed the same Provided nevertheless and be it enacted by the Authority aforesaid That all Leases Grants Gifts Letters-Patents Conveyances Assurances or Estates whatsoever hereafter to be made by the King's Majesty His Heirs or Successors of any the Mannors Lands Tenements Hereditaments which in or by this Act shall come or be limited or disposed of unto His Majesty His Heirs or Successors other than for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearly Rent or more shall be reserved and payable yearly during the said Term and whereof any former Lease is in being not to be expired surrendred or ended within three years after the making of any such new Lease shall be utterly void and of none effect to all intents constructions and purposes any clause or words of non obstante to be put in any such Patent Grant Conveyance or Assurance and any Law Usage Custom or any thing in this Act to the contrary in any wise notwithstanding And be it further Enacted and Ordained That all Impropriations Parsonages appropriate Tithes Oblations Obventions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were belonging unto any Arch-bishop or Bishop Arch-bishoprick or Bishoprick and all Mannors Castles Lordships Granges Messuages Mills Lands Tenements Meadows Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Rights of Patronage and Presentation Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be which now are or lately were of or belonging to any Sub-dean Dean Dean and Chapter Arch-deacon Chaunter Chancellor Treasurer Sub-treasurer Succentor Sacrist Prebendary Canon Canon-Residentiary Petty-Canon Vicars Choral Choristers old Vicars and new Vicars or any of them or any of the Officers of them or any of them which they held or enjoyed in right of their said Dignities Churches Corporations Offices or Places respectively shall by Authority of this present Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire and they shall have hold possess and enjoy the same to them their Heirs and Assigns without any Entry or other Act whatsoever and that for themselves their Lessees Farmers and Tenants discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial manner to all intents and purposes as any of the Persons or Corporations whose Offices or Places are taken away by this Act at
any time or times within the space of two years now last past held or enjoyed or of right ought to have held or enjoyed the same In trust and confidence nevertheless and to the intent and purpose that they the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire and the Survivors and Survivor of them his and their Heirs and Assigns shall satisfie and pay unto all and every Arch-bishop Bishop Dean Sub-dean Arch-deacon Chaunter Chancellor Treasurer Sub-treasurer Succentor Sacrist Prebendary Canon Canon-Residentiary Petty-Canon Vicars Choral Choristers old Vicars and new Vicars and other Officers and persons belonging unto or now imployed in or about the said Cathedral or Collegiate Churches such yearly Stipends and Pensions for so long time and in such manner as by the Lords and Commons in Parliament assembled shall be ordered directed and appointed and shall dispose of all and singular the aforesaid Mannors Lands Tithes Appropriations Advowsons Tenements Hereditaments and other the Premisses and of every part and parcel thereof and of the Revenues Rents Issues and Profits thereof to the uses intents and purposes above and hereafter expressed that is to say for a competent maintenance for the support of such a number of Preaching Ministers for the service of every Cathedral and Collegiate Church and His Majesties free Chappel of Windsor as by the Lords and Commons shall be ordered and appointed and likewise for the maintenance of Preaching Ministers throughout the Kingdom of England Dominion of VVales and Town of Barwick in such places where such maintenance is wanting and for a proportionable allowance for and towards the reparation of the said Cathedral and Collegiate Churches in such manner and form and to such persons and for such other good uses to the advancement of true Religion and the maintenance of Piety and Learning as by this or any other Act or Acts of Parliament now or hereafter to be made shall be set down or declared And be it further Enacted by the Authority aforesaid That all Leases Gifts Grants Conveyances Assurances and Estates whatsoever hereafter to be made by the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Mabourne Esquire the Survivors and Survivor of them or the greater part of them his and their Heirs and Assigns of any the Mannors Lands Tenements or Hereditaments which in or by this Act shall come or be limited or disposed of unto the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire other than for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearly Rent or more shall be reserved and payable yearly during the said Term whereof any former Lease is in being and not to be expired surrendred or ended within Three years after the making of such Lease shall be utterly void and of none effect to all intents constructions and purposes any thing in this Act to the contrary in any wise notwithstanding Provided nevertheless where no Lease hath been heretofore made nor any such Rent hath been reserved or payable of any the Lands Tenements or Hereditaments in this Act limited or disposed of unto the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire that in such case it shall be lawful for the said Sir William Roberts Knight Thomas Atkins Sir John Wollaston John Warner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire the Survivors and Survivor of them or the greater part of them his and their Heirs to make any Lease or Estate for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above taking such Fine as they in their Judgments shall conceive indifferent and reserving a reasonable Rent not being under the Third part of the clear yearly value of the Lands Tenements or Hereditaments contained in such Lease And it is further Declared to be the true intent and meaning of this Act That all and every the Lessees Farmers and Tenants of all and every the said Persons and Corporations whose Offices or Places are taken away by this Statute now having holding or enjoying any Estate Term or Interest in possession by himself his under-Tenants or Assigns of or in any Mannors Lands Tenements Appropriations or other Hereditaments whatsoever shall and may be preferred in the taking and renewing of any Estates Leases or Grants of any such Mannors Lands Tenements or Hereditaments before any other Person the said Lessees Farmers or Tenants or other Parties interessed as aforesaid desiring the same and giving such Fines Rents and other considerations for the same as by the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Peter Malbourne Esquires or the Survivors or Survivor of them or the major part of them his or their Heirs or Assigns shall be thought and held just and reasonable Provided also and be it enacted by the Authority aforesaid That all and singular Revenues Rents Issues Fees Profits Sums of Money and Allowances whatsoever as have heretofore been and now ought to be paid disposed or allowed unto or for the maintenance of any Grammar-School or Scholars or for or towards the Reparation of any Church Chappel High-way Causey Bridge School-house Alms-house or other charitable use payable by any the Corporations or Persons whose Offices or Places are taken away by this Act or which are chargeable upon or ought to issue out of or be paid for or in respect of the said Premisses or any of them shall be and continue to be paid disposed and allowed as they were and have been heretofore any thing in this present Act to the contrary thereof notwithstanding And to the intent and purpose the Parliament may be certainly and clearly informed of the Premisses to the end the same may be distributed applied and imployed to and for such pious and godly uses and purposes as is intended and herein declared Be it Ordained and Enacted That the Lord Keeper of the Great Seal of England for the time being shall by virtue of this Act have full Power and Authority and is hereby required to award and issue forth several Commissions under the Great Seal of England into all and every the Counties and Cities within the Kingdom of England and Dominion of VVales to be directed unto such and so many persons as by the
Scripture-Original of a Bishop which is declared against by a cloud of Witnesses named in the latter end of our former Answer unto which we should refer if matter of right were not properly triable by Scripture as matter of Fact is by Testimony We said that the Apostles were the highest Order of Officers of the Church that they were extraordinary that they were distinguisht from all other Officers and that their Government was not Episcopal but Apostolical To which Answer Your Majesty being not satisfied doth oppose certain Assertions That Christ himself and the Apostles received their Authority by Mission their Ability by Vnction That the Mission of the Apostles was ordinary and to continue to the end of the World but the Vnction whereby they were enabled to both Offices and Functions Teaching and Governing was indeed extraordinary That in their Vnction they were not necessarily to have Successors but necessarily in their Mission or Office of Teaching and Governing That in these two ordinary Offices their ordinary Successors are Presbyters and Bishops That Presbyters qua Presbyters do immediately succeed them in the Office of Teaching and Bishops qua Bishops immediately in the Office of Governing the demonstration of which last alone would have carried in it more conviction than all these Assertions put together Officers are distinguished by that whereby they are constituted their Commission which being produced signed by one place of Scripture gives surer evidence than a Pedigree drawn forth by such a series of distinctions as do not distinguish him into another Officer from a Presbyter Whether this chain of distinction be strong and the links of it sufficiently tackt together we crave leave to examine Christ saith Your Majesty was the Apostle and Bishop of our Souls and he made the Apostles both Apostles and Bishops We do not conceive that Your Majesty means that the Apostles succeeded Christ as the chief Apostle and that as Bishops they succeed Christ as a Bishop lest thereby Christ his Mission as an Apostle and Bishop might be conceived as ordinary as their Mission is said to be but we apprehend Your Majesty to mean that the Office of Apostle and Bishop was eminently contained in Christs Office as the Office of a Bishop was eminently contained in that of Apostleship but thence it will not follow that inferior Offices being contained in the superior eminently are therefore existent in it formally For because all Honours and Dignities are eminently contained in Your Majesty would it therefore follow that Your Majesty is formally and distinctly a Baron of the Realm as it is asserted the Apostles to have been Bishops in distinct sense That Mission refers to Office and Authority and Vnction only to Ability we cannot consent for besides that the breathing of Christ upon his Disciples saying Receive ye the Holy Ghost doth refer to mission as well as unction we conceive that in the proper anointing of Kings or other Officers the natural use and effect of the oil upon the body was not so much intended as the solemn and ceremonious use of it in the Inauguration of them So there is relation to Office in unction as well as to conferring of abilities else how are Kings or Priests or Prophets said to be anointed And what good sense could be made of that expression in Scripture of anointing one in anothers room To omit that Christ by this construction should be called the Messias in respect of Abilities only And although we should grant Your Majesties explication of Mission and Vnction yet it will not follow that the mission of the Apostles was ordinary and their unction only extraordinary That into which there is succession was ordinary that into which there is no succession for succession is not unto abilities or gifts extraordinary and so the Apostles were ordinary Officers in all whereunto there is properly any succession and that is Office They differed from Bishops in that wherein one Apostle or Officer of the same order might differ from another to wit in abilities and measure of Spirit but not in that wherein one order of Officers is above another by their Office To which we cannot give consent For since no man is denominated an Officer from his meer abilities or gifts so neither can the Apostles be called extraordinary Officers because of extraordinary gifts but that the Apostles Mission and Office as their abilities was extraordinary and temporary doth appear in that it was by immediate Commission from Christ without any intervention of men either in Election or Ordination for planting an authoritative governing of all Churches through the World comprehending in it all other Officers of the Church whatsoever and therefore it seems to us very unreasonable that the Office and Authority of the Apostles should be drawn down to an ordinary thereby to make it as it were a fit stock into which the ordinary Office of a Bishop may be ingrafted nor doth the continuance of Teaching and Governing in the Church more render the Office of teaching and governing in the Apostles an ordinary Office than the Office of teaching and governing in Christ himself renders his Office therefore ordinary The reason given That the Office of Teaching and Governing was ordinary in the Apostles because of the continuance of them in the Church we crave leave to say is that great mistake which runs through the whole file of Your Majesties Discourse for tho there be a Succession in the Work of Teaching and Governing yet there is no Succession in the Commission or Office by which the Apostles performed them for the Office of Christ of Apostles of Evangelists or Prophets is thence also concluded ordinary as to Teaching and Governing and the distinction of Offices Extraordinary and Ordinary eatenus destroyed The Succession may be into the same Work not into the same Commission and Office The ordinary Officers which are to manage the work of Teaching and Government are constituted settled and limited by warrant of Scripture as by another Commission than that which the Apostles had And if Your Majesty had shewn us some Record out of Scripture warranting the division of the Office of Teaching and Governing into two hands and the appropriation of Teaching to Presbyters of Governing to Bishops the question had been determined otherwise we must look upon the dissolving of the Apostolical Office and distribution of it into these two hands as the dictate of men who have a mind by such a precarious Argument to challenge to themselves the Keys of Authority and leave the Word to the Presbyters In our answer to the instances of Timothy and Titus which Doctor Bilson acknowledgeth to be the main erection of Episcopal power if the proof of their being Bishops do stand or subversion if the answer that they were Evangelists be good Your Majesty finds very little satisfaction though all that is said therein could be proved First because the Scriptures no where imply any such thing at all that Titus was an Evangelist
that matters being impartially setled might be more satisfactory to all and more durable But much of Gods Justice and Mans folly will at length be discovered through all the films and pretensions of Religion in which Politicians wrap up their designs In vain do men hope to build their Piety on the ruines of Loyalty Nor can those confederations or designs be durable when Subjects make Bankrupt of their Allegiance under pretence of setting up a quicker trade for Religion But as my best Subjects of Scotland never deserted Me so I cannot think that the most are gone so far from Me in a Prodigality of their love and respects toward Me as to make Me to despair of their return when besides the bonds of Nature and Conscience which they have to Me all Reason and true Policy will teach them that their chiefest interest consists in their Fidelity to the Crown not in their serviceableness to any Party of the People to a neglect and betraying of my Safety and Honour for their own advantages However the less cause I have to trust to men the more I shall apply My self to God The troubles of My Soul are enlarged O Lord bring Thou Me out of My distress Lord direct Thy Servant in the ways of that Pious Simplicity which is the best Policy Deliver Me from the combined strength of those who have so much of the Serpents Subtility that they forget the Doves Innocency Tho hand joyn in hand yet let them not prevail against My Soul to the betraying of My Conscience and Honour Thou O Lord canst turn the hearts of those Parties in both Nations as Thou didst the men of Judah and Israel to restore David with as much loyal zeal as they did with inconstancy and eagerness pursue him Preserve the love of thy Truth and Vprightness in Me and I shall not despair of My Subjects affections returning towards Me. Thou canst soon cause the overflowing Seas to ebb and retire back again to the bounds which Thou hast appointed for them O My God I trust in Thee let Me not be ashamed let not My Enemies triumph over Me. Let them be ashamed who transgress without a cause let them be turned back that persecute My Soul Let Integrity and Vprightness preserve Me for I wait on Thee O Lord. Redeem thy Church O God out of all its Troubles XIV Vpon the COVENANT THE Presbyterian Scots are not to be hired at the ordinary rate of Auxiliaries nothing will induce them to engage till those that call them in have pawned their Souls to them by a Solemn League and Covenant Where many engines of Religious and fair pretensions are brought chiefly to batter or rase Episcopacy This they make the grand evil Spirit which with some other Imps purposely added to make it more odious and terrible to the Vulgar must by so solemn a Charm and Exorcism be cast out of this Church after more than a Thousand years possession here from the first plantation of Christianity in this Island and an universal prescription of time and practice in all other Churches since the Apostles times till this last Century But no Antiquity must plead for it Presbytery like a young Heir thinks the Father hath lived long enough and impatient not to be in the Bishops Chair and Authority tho Lay-men go away with the Revenues all Art is used to sink Episcopacy and lanch Presbytery in England which was lately boyed up in Scotland by the like artifice of a Covenant Altho I am unsatisfied with many passages in that Covenant some referring to My self with very dubious and dangerous limitations yet I chiefly wonder at the design and drift touching the Discipline and Government of the Church and such a manner of carrying them on to new ways by Oaths and Covenants where it is hard for men to be engaged by no less than swearing for or against those things which are of no clear Moral necessity but very disputable and controverted among Learned and Godly men whereto the application of Oaths can hardly be made and enjoined with that Judgment and certainty in ones self or that Charity and candor to others of different Opinion as I think Religion requires which never refuses fair and equable Deliberations yea and Dissentings too in matters only probable The enjoyning of Oaths upon People must needs in things doubtful be dangerous as in things unlawful damnable and no less superfluous where former Religious and Legal Engagements bound men sufficiently to all necessary duties Nor can I see how they will reconcile such an Innovating Oath and Covenant with that former Protestation which was so lately taken To maintain the Religion established in the Church of England since they count Discipline so great a part of Religion But ambitious minds never think they have laid snares and gins enough to catch and hold the Vulgar credulity for by such politick and seemingly-pious Stratagems they think to keep the populacy fast to their Parties under the terror of Perjury Whereas certainly all honest and wise men ever thought themselves sufficiently bound by former ties of Religion Allegiance and Laws to God and Man Nor can such after-Contracts devised and imposed by a few men in a declared Party without My consent and without any like power or precedent from God's or Mans Laws be ever thought by judicious men sufficient either to absolve or slacken those Moral and Eternal bonds of Duty which lie upon all my Subjects Consciences both to God and Me. Yet as things now stand good men shall least offend God or Me by keeping their Covenant in honest and lawful ways since I have the Charity to think that the chief End of the Covenant in such mens intentions was To preserve Religion in Purity and the Kingdoms in Peace To other than such ends and means they cannot think themselves engaged Nor will those that have any true touches of Conscience endeavour to carry on the best designs much less such as are and will be daily more apparently factious and ambitious by any unlawful means under that Title of the Covenant unless they dare prefer ambiguous dangerous and unauthorized Novelties before their known and sworn Duties which are indispensable both to God and My self I am prone to believe and hope that many who took the Covenant are yet firm to this Judgment That such later Vows Oaths or Leagues can never blot out those former gravings and characters which by just and lawful Oaths were made upon their Souls That which makes such Confederations by way of Solemn Leagues and Covenants more to be suspected is That they are the common road used in all Factions and Powerful Perturbations of State or Church Where formalities of extraordinary Zeal and Piety are never more studied and elaborate than when Politicians most agitate desperate designs against all that is setled or sacred in Religion and Laws which by such screws are cunningly yet forcibly wrested by secret steps and less sensible degrees from