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A31771 Basiliká the works of King Charles the martyr : with a collection of declarations, treaties, and other papers concerning the differences betwixt His said Majesty and his two houses of Parliament : with the history of his life : as also of his tryal and martyrdome. Charles I, King of England, 1600-1649.; Fulman, William, 1632-1688.; Perrinchief, Richard, 1623?-1673.; Gauden, John, 1605-1662.; England and Wales. Sovereign (1625-1649 : Charles I) 1687 (1687) Wing C2076; ESTC R6734 1,129,244 750

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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
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
fall And that in case any of the said Roman Catholick Subjects now in Arms c. or any of their Party have sown Corn within any the Quarters allotted in the Province of Leimster to the said other Party the same shall be enjoyed by the sowers and manurers paying for the same as they did agree and in case they did not agree paying the fourth sheaf unto such Garrisons within whose Quarters the same shall fall And it is likewise concluded and accorded that those places which have been protected by the Lords Justices or any Officer of His Majesty's Army do pay according to the agreement which was made and if no agreement were made to pay the fourth sheaf to those Garrisons or Persons who protected them in whose soever Quarters they are And this to continue for a Rule other than as to so many of those Garrisons who granted such protection and are since regained by the said Party or some of them for whom the said Donnogh Viscount Muskery and the Persons above-named are authorized as aforesaid And that the Tenants of the Town of Balliboght in the County of Dublin if they have not been protected shall pay according to agreement and if no agreement made then the fourth sheaf and to continue their possession during this Cessation And it is further concluded and accorded that where His Majesty or any of His Protestant Subjects or their adherents shall happen to have any Garrison or Garrisons within the Quarters set forth in the next precedent Article for the said other Party that such Garrison and Garrisons shall have such competency of the Lands as well profitable as unprofitable now termed Wast as shall be found necessary for them by any indifferent Commissioners to be appointed to that purpose Item It is concluded and accorded that the Quarters in the Province of Munster be as followeth viz. That the County of the City of Corck and so much of the County of Corck as is within the subsequent Garrisons viz. from Youghall and Mogeely thence to Formoye thence to Michells-town thence to Liscaroll and so in a line from Michells-town and Liscaroll North-ward as far as His Majesty's out-Garrisons on that side do extend and from Liscaroll to Mallow thence to Corck thence to Carrig-croghan thence to Rochfordstown thence to Bandon-bridge thence to Timmoleagie and thence forward to the Sea together with the said Garrisons shall during the said Cessation remain and be in the possession of His Majesty's Protestant Subjects and of such as adhere unto them saving and excepting to the said Roman Catholick Subjects now in Arms c. and their Party all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which on the said 15th day of Sept. 1643. at the hour aforesaid are possessed in the said Counties or any of them by any of the said Roman Catholick Subjects now in Arms c. and their Party And that the residue of the said County of Corck shall likewise remain to the said Party last named saving and excepting to His Majesty's Protestant Subjects and their Adherents all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which on the said 15th day of Sept. 1643. at the hour aforesaid are possessed in the last mentioned Quarters by them or any of them And that the County of Tipperary the County of Limerick the County of the City of Limerick the County of Kerry the County of Waterford the County of the City of Waterford and the County of Clare shall during the said Cessation remain and be in the possession of the said Roman Catholick Subjects now in Arms c. and their Party except Knockmorne Ardmore Piltowne Cappoquin Ballinetra Strongcally Lismore Balliduffe Lisfinny and Tallow all situate in the County of Waterford or as many of them as are possessed by His Majesty's Protestant Subjects and their adherents the said 15th day of Sept. 1643. at the hour aforesaid and likewise except all such Castles Towns Lands Territories and Hereditaments thereunto belonging as within the said Counties respectively on the said 15th day of Sept. 1643. at the hour aforesaid are possessed by any of His Majesty's Protestant Subjects or such as adhere unto that Party respectively in the said County of Waterford and the rest of the last mentioned Counties And it is concluded and accorded that the like Rule for Corn sown and what shall be payed by places protected and for the laying out Wasts for the respective Garrisons shall be observed in the Province of Munster as it is set down for Leimster Item It is concluded and accorded that the Quarters in the Province of Ulster be as followeth viz. That such Counties Baronies Lands Tenements and Hereditaments in the Province of Ulster which the said 15th of Sept. 1643. at the hour aforesaid are possessed by any of His Majesty's Protestant Subjects or any that adhere unto them and all places protected by any Commander deriving Authority from His Majesty shall during the said Cessation remain entirely in the hands and in the possession of His Majesty's Protestant Subjects and such as adhere unto them excepting such Castles Lands and Hereditaments as on the said 15th day of Sept. 1643. at the hour aforesaid are possessed by the said Roman Catholick Subjects now in Arms c. or their Party And that all such Counties Baronies Lands Tenements and Hereditaments in the said Province which on the said 15th of Sept. 1643. at the hour aforesaid are possessed by the said Roman Catholick Subjects now in Arms c. and their Party shall remain entirely during this Cessation in the hands and possession of the said Roman Catholick Subjects now in Arms c. and their Party saving and excepting thereout all places protected by any Commander deriving Authority from His Majesty and likewise excepting thereout all such Territories Castles Towns Lands Tenements and Hereditaments which on the said 15th day of Sept. 1643. at the hour aforesaid are possessed by any of His Majesty's Protestant Subjects or such as adhere unto them And it is concluded and accorded that the like Rule for Corn sown and what shall be payed for protected places and for the laying down of Wasts for the respective Garrisons shall be observed in the Province of Ulster as is set down for Leimster Item It is concluded and accorded that the Quarters in the Province of Connaght be as followeth viz. That the County of Galway Roscomon Slego and Letrym in the Province of Connaght and all such Castles Lands Tenements and Hereditaments in the said Province which the said 15th day of Sept. 1643. at the hour aforesaid are possessed by the said Roman Catholick Subjects now in Arms c. and their Party shall during the said Cessation remain entirely in the possession of the said Roman Catholick Subjects now in Arms c. and their Party excepting all such Territories Castles Lands Tenements and Hereditaments within the said several Counties which upon the
no Answer to us whether any Commission be now on foot or other Authority given by his Majesty for any Peace or Cessation of Arms in Ireland other then that which determines in March next nor to our desire that no Cessation of Arms or Peace in Ireland may be Treated upon or concluded without consent of both Houses of the Parliament of England nor do we understand why your Lordships should delay your Answer herein till the Peace in England be concluded since it hath been so clearly manifested to your Lordships by the true meaning of the Act passed by His Majesty this Parliament that His Majesty can make no Peace nor Cessation without the Consent of the two Houses and that your Lordships satisfactory Answer to this and our other Demands concerning Ireland will much conduce to the settling the Peace of this Kingdom We therefore again desire your Lordships full and clear Answer to the particulars expressed in our sixth and seventh Papers yesterday delivered to your Lordships The King's Commissioners Answer 20. Febr. VVE do not hold our selves any ways obliged to answer your Lordships Demand whether any Commission be on foot or other Authority from His Majesty for a Peace or Cessation of Arms in Ireland that Question not arising upon any Propositions on His Majesties part yet for your Lordships satisfaction we do again assure you we do not know there is any Peace or Cessation made there other than that which determines in March next But what Commission the Marquess of Ormond as Lievtenant of Ireland or General of the Forces there hath to that purpose we do not know and therefore cannot inform your Lordships And as to the other particulars in that Paper we do refer our selves to the Answers formerly given in to your Lordships Demands touching that Subject with this that we do conceive it to be most clear that His Majesty is in no wise restrained by express words or by the meaning of any Act made this Parliament from making a Peace or Cessation in Ireland without the consent of the two Houses Their Paper 19. Feb. THere being but three days left to Treat upon the Propositions for Religion the Militia and for Ireland and for that your Lordships have given no satisfactory Answers to our Demands concerning them we therefore now desire to confer with your Lordships how to dispose of the three days yet remaining that we may receive your Lordships full and clear Answers thereunto The King's Commissioners Answer 19. February VVE see no cause why your Lordships should think our Answers upon the Propositions for Religion and the Militia were not satisfactory And for that of Ireland we have received many Papers from your Lordships concerning that business besides the Propositions themselves to all which we doubt not to give a full and clear Answer to your Lordships to morrow being the time assigned and the last day of the Treaty upon that Subject After we shall be ready to confer with your Lordships of disposing the remainder of the time Accordingly after the before-mentioned Demands and Answer thereunto of the 19. of February the King's Commissioners in Answer to theirs of the 18. of February n. 149. delivered in this Paper 20. February VVE have already told your Lordships how far we are from being satisfied by what you have alledged against His Majesties Power to make a Cessation with the Rebels in Ireland neither have your Lordships in any degree answered the important Reasons which induced his Majesty so to do it being very evident that by the Cessation there His Majesties Protestant Subjects have been preserved and subsisted which without it they could not have done the two Houses forbearing to send any relief or supply to them and His Majesty not being able And we desire your Lordships to consider how impossible it was whilst the War continued in England with such fierceness and animosity by Arms to reduce the Kingdom of Ireland to His Majesties Obedience and therefore His Majesty had great reason to preserve that by a Cessation which he could not reduce by a War And we are most confident that the Necessities which are not offered as excuses for but were the real grounds of the Cessation were very visible to all those in that Kingdom whose Advices His Majesty ought in reason to follow and whose Interests were most concerned and would not have given such Advice if any other way could have been found out to preserve them And we have been credibly informed that the Committee sent into Ireland which His Majesty never understood to be sent thither to supply the Necessities but to observe the Actions of His Majesties Ministers there having in their Journey thither signed Warrants in their own names to apprehend the Persons of Peers of this Realm and Persons of His Majesties Privy Council were never discountenanced there for His Majesties directions that Persons who were not of His Privy Council there should not be present at those Councils cannot be interpreted a discountenance to them in any thing they ought to do And we are most assured that His Majesty sent no Message or Letter to divert the course of the Officers subscribing for Land in satisfaction of their Arrears but the Soldiers were meerly discouraged from the same by discerning that for want of Supplies they should not be able to go on with that War And we do assure your Lordships that His Majesty doth not believe that the Sums of Money raised for Ireland which your Lordships do admit to have been made use of by both Houses of Parliament otherwise then was appointed are yet satisfied in any proportion the greatestpart of the Money raised upon the Bill for 400000 l. and of the Moneys raised upon the charitable Collections as well as the Adventurers Moneys being imployed upon the War here and if the same were since satisfied it doth no ways excuse the diverting of them when in the mean time that Kingdom suffered by that diversion and that the fear that other Moneys so raised might likewise be misimployed was a great reason amongst others that made His Majesty not consent to that Bill mentioned by your Lordships And for the Regiments of Horse and Foot which your Lordships in your Paper of the 18. of this Month say were designed for Ireland though they were imployed otherwise because a Commission could not be obtained for the Lord Wharton who was to command those Forces it is well known that those Forces were raised before His Majesties Commission was so much as desired and then the Commission that was desired should have been independent upon His Majesties Lieutenant of that Kingdom and therefore His Majesty had great reason not to consent to such a Commission and so the damages of keeping those six Pinnaces and the 1000 Land-Forces if any such were proceeded not from any default of His Majesty And for the Provisions seized by His Majesties Forces it is notorious that they were seized in the way
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
other things under any Great Seal of England in any time heretofore were or have been and that for time to come the said Great Seal now remaining in custody of the said Commissioners continue and be used for the Great Seal of England and that all Grants Commissions Presentations Writs Process Proceedings and other things whatsoever passed under or by authority of any other Great Seal since the two and twentieth day of May Anno Dom. 1642. or hereafter to be passed be invalid and of no effect to all intents and purposes except such Writs Process and Commissions as being passed under any other Great Seal than the said Great Seal in the Custody of the Commissioners aforesaid on or after the said two and twentieth 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 VVestminster and except the Grant to Master Justice Bacon to be one of the Justices of the Kings Bench and except all Acts and Proceedings by virtue of any such Commissions of Gaol-delivery Assize and Nisi prius or Oyer and Terminer passed under any other Great Seal than the Seal 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 Seal of Ireland unto any Person or Persons Bodies Politick or Corporate since the Cessation made in Ireland the fifteenth day of September 1643. shall be null and void and that all Honours and Titles conferred upon any Person or Persons in the said Kingdom of Ireland since the said Cessation shall be null and void His MAJESTIES Answer to the Propositions of both Houses Newcastle Aug. 1. 1646. To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster CHARLES R. THE Propositions tendered to his Majesty by the Commissioners from the Lords and Commons assembled in the Parliament of England at VVestminster and the Commissioners of the Parliament of Scotland to which the Houses of Parliament have taken twice so many Months for deliberation as they have assigned Days for his Majesties Answer do import so great Alterations in Government both in the Church and Kingdom as it is very difficult to return a particular and positive Answer before a full Debate wherein these Propositions and the necessary Explanations true sense and Reasons thereof be rightly weighed and understood and that his Majesty upon a full view of the whole Propositions may know what is left as well as what is taken away and changed In all which he finds upon discourse with the said Commissioners that they are so bound up from any capacity either to give Reasons for the Demands they bring or to give ear to such Desires as his Majesty is to propound as it is impossible for him to give such a present judgment of and Answer to these Propositions whereby he can answer to God that a safe and well-grounded Peace will ensue which is evident to all the World can never be unless the just Power of the Crown as well as the Freedom and Propriety of the Subject with the just Liberty and Priviledges of the Parliament be likewise setled To which end his Majesty desires and proposeth to come to London or any of his Houses thereabouts upon the Publick Faith and security of the two Houses of Parliament and the Scotch Commissioners That he shall be there with Freedom Honour and Safety where by his Personal Presence he may not only raise a mutual Confidence betwixt him and his People but also have these Doubts cleared and these Difficulties explained unto him which he now conceives to be destructive to his just Regal Power if he shall give a full Consent to these Propositions as they now stand As likewise that he may make known to them such his reasonable Demands as he is most assured will be very much conducible to that Peace which all good men desire and pray for by the settling of Religion the just Priviledges of Parliament with the Freedom and Propriety of the Subject and his Majesty assures them that as he can never condescend unto what is absolutely destructive to that just Power which by the Laws of God and the Land he is born unto so he will chearfully grant and give his Assent unto all such Bills at the desire of his two Houses or reasonable Demands for Scotland which shall be really for the good and peace of his People not having regard to his own particular much less of any body 's else in respect of the Happiness of these Kingdoms Wherefore his Majesty conjures them as Christians as Subjects and as men who desire to leave a good name behind them that they will so receive and make use of this Answer that all issues of Blood may be stopped and these unhappy Distractions peaceably setled Newcastle August 1. 1646. POST-SCRIPT Upon assurance of a happy Agreement his Majesty will immediately send for the Prince his Son absolutely expecting his perfect Obedience to return into this Kingdom His MAJESTIES Message to both Houses from Newcastle Dec. 20. 1646. To the Speaker of the House of Peers pro tempore to be communicated to the Lords and Commons of the Parliament of England assembled at Westminster and to the Commissioners of the Parliament of Scotland at London CHALLES R. HIS Majesties thoughts being always sincerely bent to the Peace of his Kingdoms was and will be ever desirous to take all ways which might the most clearly make appear the Candor of his Intentions to his People and to this end could find no better way than to propose a Personal free Debate with his two Houses of Parliament upon all the present Differences yet finding very much against his expectations that this Offer was lay'd aside his Majesty bent all his thoughts to make his Intentions fully known by a particular Answer to the Propositions delivered to him in the name of both Kingdoms 24. July last But the more he endeavoured it he more plainly saw that any Answer he could make would be subject to misinformations and mis-constructions which upon his own Paraphrases and Explanations he is most confident will give so good satisfaction as would doubtless cause a happy and lasting Peace Lest therefore that good Intentions may produce ill Effects His Majesty again proposeth and desires again to come to London or any of his Houses thereabouts upon the Publick Faith and Security of his two Houses of Parliament and the Scotch Commissioners that he shall be there with Honour Freedom and Safety where by his Personal Presence he may not only raise a mutual Confidence betwixt him and his People but also have those Doubts cleared and those Difficulties explained to him without which he cannot but with the aforesaid mischievous Inconveniencies give a particular Answer to the Propositions and with which he doubts not but so