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A83223 An ordinance of the Lords and Commons assembled in Parliament for the present setling (without further delay) of the Presbyteriall government in the Church of England. Die Veneris 5. Iunii 1646. Ordered by the Lords assembled in Parliament, that this ordinance concerning church-government, be forthwith printed and published. Joh. Brown Cler. Parliamentorum.; Laws, etc. England and Wales. 1646 (1646) Wing E2003; Thomason E340_4; ESTC R32842 3,358 11

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An ORDINANCE OF THE LORDS and COMMONS Assembled in PARLIAMENT FOR The present setling without further delay Of the Presbyteriall Government In the Church of ENGLAND Die Veneris 5. Iunii 1646. ORdered by the Lords Assembled in Parliament That this Ordinance concerning Church-Government be forthwith printed and published Joh. Brown Cler. Parliamentorum LONDON Printed for Iohn Wright at the Kings Head in the old Bavley 1646. Die Veneris 5. Junii 1646. AN ORDINANCE OF THE LORDS and COMMONS Assembled in PARLIAMENT THe Lords and Commons in Parliament holding their former resolution That all notorious and scandalous Offenders shal be kept from the Sacrament have thought fit to make a further addition to the scandalous Offences formerly enumerated for which men shall bee kept from the Sacrament and least the stay of the enumeration and the not naming of Commssioners to judge of Cases not enumerated should hinder the putting in execution the Presbyterian Government already established They have thought fit that in regard that divers persons fit to be Commissioners according to the last Ordinance of 14 Martii 1645. by reason of the present Distractions are absent from their habitations and so cannot doe the service therein which otherwise they might doe They doe therefore Ordaine that in stead and place of Commissioners in the said Ordinance THomas Earle of Arundell and Surry Algernon Earle of Northumberland Henry Earle of Kent Iohn Earle of Rutland Philip Earle of Pembroke and Montgomery Robert Earle of Essex Theophilus Earle of Lincolne Charles Earle of Nottingham Iames Earle of Suffolke William Earle of Salisbury Iohn Earle of Bridgewater Robert Earle of Warwicke Bazall Earle of Denbigh Iames Earle of Middlesex Oliver Earle of Bollingbrooke Edward Earle of Manchester Edmond Earle of Mulgrave Henry Earle of Stamford William Lord Viscount Say and Seale George Lord Berkley Francis Lord Dacres Philip Lord Wharton Francis Lord Willoughby of Parham Dudley Lord North Iohn Lord Hunsdon Charles Lord Stanhopp Edward Lord M●untague William Lord Grey of Warke Iohn Lord Rob●rts William Lord Maynard Edward Lord Howard of Escrieh Richard Lord Herbert Cherberry Thomas Lord Bruce Francis Rous Edmond Prideaux Esquires Sir Henry Vane Senior Iohn Glyn Esquire Recorder of London Sir Robert Harley Bulstrode Whitlock Esquire Humphrey Salloway Esquire Master Serjeant Wilde Oliver St. Iohn Esquire his Majesties Sollicitor Sir Benjamin Rudyard Knight Master Tate Sir Iohn Clotworthy Knight Iohn Maynard Esquire Sir Henry Vane junior Knight William Pierrepont Esquire William Wheeler Esquire Sir William Masham Walter Young Sir Iohn Evelyn Knight Iohn Selden Esquire Samuel Browne Esquire Sir William Strickland Walter Long Esquire Herbert Morley Esquire George Snelling Esq Harbottle Grimston Esq Iohn Boys Esq Richard Shuttleworth Lord Fairfax Sir John D'Anvers John Crew Esq Sir Anthony Irby Sir Iohn Holland Sir Philip Stapleton Luke Robinson Esq Thomas Westrow Esq Denzell Hollis Esq Henry Lucas Esq Sir Iohn Dreydon Robert Reynolds Esq Sir Thomas Middleton Robert Jennor Esq Henry Oxenden Esq Sir Gilbert Gerrard Nicholas Stoughton Esq Sir John Burgoyne Sir Edward Aiscough Iohn Swynfen Esq Sir Henry Heyman Edw. Leigh Esq Sir Thomas Wroth Samuel Gott Esq Sir John Bamfield William Ball Esq John Palmer Esq Laurence Whitacre Esq Sir Arther Heslerigg Sir Dudley North Sir William Waller Nathaniel Bacon Esq Richard Edwards Esq Luke Hodges Esq Sir William Lewis Francis Allen Esq Giles Greene Esq John Gourdon Esq Dennis Bond Esq Sir Peter Wentworth Sir Samuel Luke Edward Bainton Esq Richard Salloway junior Simon Theloall Esq Oliver Cromwell Esq Isaac Pennington Esq Alderman of the City of London John Ven Esq Doctor John Bond Sir Richard Onslow Sir William Armyn William Aiscough Esquire George Abbot Esquire Cornelius Holland Esquire Iohn Blackiston Esquire Lord Herbert Sir Walter Erle Henry Martin Esquire Sir Thomas Dacres Richard Browne Esquire William Ellis Esquire Iohn Lisle Esquire William Ashurst Esquire Sir Iohn Treavor Sir Nathaniel Barnardiston Thomas Lord VVenman Sir Martin Lumley Samuel Vassall Esquire Sir Matthew Boynton Jervace Piggott Esquire Iohn Hutchinson Esquire Thomas Hatcher Esquire Iames Fiennes Esquire Valentine Walton Esquire Iohn Stephens Esquire Sir Iohn Evelyn of Surry Thomas Scott Esquire Thomas Pury Esquire Henry Peck Esquire Thomas Hodges of Gloucestershire Esquire William Leman Esquire Richard Winwood Esquire Iohn Lowry Esquire Sir Martin Lister Sir Edmond Fowell Robert Wallop Esquire Richard Whitehead Esquire Nathaniell Hallows Esquire Robert Brewster Esquire Sir Edward Hungerford Richard Norton Esquire Sir Thomas Barnardiston Sir Thomas Trenchard Miles Corbet Esquire Sir Henry Mildmay Thomas Atkin Esquire Alderman of the City of London Lord Cranborne Roger Hill Esquire Sir John Barrington John Trenchard Esquire Sir John Corbet Alexander Popham Esquire Sir Samuel Roll Sir Iohn Coke Iohn Nut Esquire Ralph Ashton Esquire Richard Barwis Esquire William Armyn Esquire Kichard Tolson Esquire Sir Henry Cholmely Sir Thomas Widdrington George Fenwick Esquire Edmond Ludlow Esquire Lillibon Long Esquire Francis Drake Esquire Sir Michaell Livesay Edward Stephens Esquire Sir VVilliam Spring Iames Herbert Esquire Henry Laurence Esquire Iohn Roll Esquire Sir Iohn Francklyn Thomas Sandys Esquire Sir Thomas Maliverer Sir VVilliam Litton Nathaniell Fiennes Esquire VVilliam Purefey Esquire Or any nine of them shall be a Committee of Lords and Commons to adjudge and determine scandalous offences not formerly enumerated and the Elderships shall proceed in the Examinations of such scandalous offences according to the causions and restrictions mentioned in the Ordinance of the twentieth of October 1645. And the said Committee shall have such power and shall proceed in such sort as is hereafter mentioned If any notorious and scandalous offence not formerly enumerated be committed by any within any Eldership and so after full proofe shall be found before the Eldership who shall have power to examine Proofs and Witnesses on both sides in case both the Eldership and the party complained of do agree the Proofs and Examinations to be duly taken the said Eldership shall forthwith certifie the said Offence with the Proofs to the said Committee of Parliament who shall with all convenient speed determine and adjudge the same But in case the party accused shall finde himselfe grieved either by the not examination or undue examination of Witnesses or mis-entring of the Depositions in such case he shall forthwith declare the same to the Eldership who shall relieve him if there be cause which if they shall not do then the three Justices of Peace next to the Parish whereof the party complained of is a Member or any two of them not being of the same Eldership before whom the Complaint lyes shall have power and are hereby inabled and required forthwith to examine upon Oath the said Witnesses that were not examined or were mis-examined or whose Depositions were mis-entred and with all convenient speed retume the Examination to the said Committee of Parliament And in case the said Justices or any two of them do not finish their Examination within six daies after the Cause shall be presented to them the Party shall abstaine untill they have finished and certified their Examinations And the said Committee upon hearing the whole matter from the Eldership and Justices or either of them shall adjudge whether the same be a notorious and scandalous offence and so proved or no. And in case the said Committee shall not adjudge and determine the Case within fourteen daies after the receipt of the Certificate to them made the party against whom the said Certificate shall be made shall abstaine from the Sacrament untill the Committee shall determine the same unlesse in the meane time the party shall shew his repentance for the said offence and thereof give satisfaction to the Eldership And if the said Committee shall adjudge the same not to be a scandalous Offence or not well proved the said party shall be admitted to the Sacrament and if they shall adjudge the same to be a scandalous Offence and so proved he shall not be admitted to the Sacrament untill he shall have testified his repentance to the Eldership And be it further Ordained That the Eldership shall either give personall notice to the Party complained of before them or else leave notice in writing at his dwelling place of the time and place when and where they will examine Witnesses against him and also of the time that they will make their Certificate to the Committee of Parliament And in case information shall be given to the Eldership of a notorious and scandalous offence committed by any within their Eldership they shall forthwith proceed to the Examinat on thereof And if they cannot finish their Examination till the week before the Sacrament and they shall then finde by sufficient proof that he hath committed a notorious and scandalous Offence and yet they cannot certifie the same before the Sacrament it being to be administred within a week after in such case the party shall abstaine from the Sacrament for the next time onely unlesse the Committee of Parliament to whom the same is to be certified shall adjudge the same a notorious and scandalous offence and so proved for which he ought to be kept from the Sacrament and in such case upon the testifying of his repentance to the Eldership he shall be againe restored to the Sacrament and not before And be it further Ordained If any shall finde themselves agrieved with the judgement against him given by the said Committee they shall appeale from thence to both Houses of Parliament if they see cause And be it Ordained That the Committee to whom the said Certificate shall be made as aforesaid shall report to both Houses the said severall Cases to them certified and their judgements thereupon that so the Offences not yet enumerated may be added to the enumeration in case the Houses shall so think sit and in their Reports they shall take care that they first report those Certificates and their opinions thereupon wherein they at any time shall differ from the Eldership And be it further Ordained That this Ordinance shall continue for the space of three yeers and no longer unlesse both Houses think fit to continue it Ioh. Brown Cler. Parliamentorum FINIS