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75. The Four Bills, with the Propositions accompanying them.

[Passed the House of Lords December 14, 1647. Old Parliamentary History, vi. 405. See Great Civil War, iv. 31, 36.]

The Four Bills sent to the King in the Isle of Wight to be passed, together with the Propositions sent unto him at the same time, which, upon the passing of those Bills, were to be treated upon.

The Lords and Commons assembled in Parliament have commanded us to present to your Majesty these Four Bills, which have passed the two Houses of Parliament.

I. Soit baillÚ aux Seigneurs, A ceste Bille les Seigneurs sont assentuz.

An Act concerning the raising, settling and maintaining forces, by sea and land, within the kingdoms of England and Ireland and dominion of Wales, the isles of Guernsey and Jersey, and the town of Berwick-upon-Tweed.

Be it enacted by the King's Majesty, and by the Lords and Commons assembled in Parliament, and by the 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 1st 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 the dominion of Wales, the isles of Guernsey and Jersey, and the town of Berwick-upori-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 Guernsey and Jersey, and the town of Berwick-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 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 twenty years, think fit and appoint, and not otherwise; and that the said forces both for land and sea service, so raised or levied, or to be raised or levied; and also the Admiralty or navy shall, from time to time, during the said space of twenty years, be employed, managed, ordered, disposed or disbanded by the said Lords or 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 without authority and consent of the said Lords and Commons, to the disturbance of the public peace of the kingdoms of England and Ireland and dominion of Wales, and the isles of Guernsey and Jersey, and the town of Berwick-upon-Tweed, or any of them; and also to suppress any foreign forces who shall invade, or endeavour to invade, the kingdoms of England and Ireland and dominion of Wales, and the isles of Guernsey and Jersey, and the town of Berwick-upon-Tweed, or any of them; and likewise to conjoin 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 foreign invasions, and to suppress any forces raised, or to be raised, against or within either of the said kingdoms, to the disturbance of the public 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 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, employ, order, manage, disband or dispose of any of the forces, by sea and land, of the kingdoms of England and Ireland, the dominion of Wales, the isles of Guernsey and Jersey, and the town of Berwick-upon-Tweed, or 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, employing, managing, ordering or disposing of the forces by sea or land, of the kingdoms of England and Ireland, the dominion of Wales, the isles of Guernsey and Jersey, and the town of Berwick-upon-Tweed, or any part of the said forces, or concerning the said Admiralty or navy, or concerning the levying of monies for the raising, maintenance, or use of the said forces for land service, or of the navy and forces for sea service, or 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 valid, to all intents and purposes, as if the royal assent had been given thereunto.

Provided always, and be it further enacted, by the authority aforesaid, that nothing hereinbefore contained shall extend to the taking away of the ordinary legal power of Sheriffs, Justices of Peace, Mayors, Bailiffs, Coroners, Constables, Head-boroughs or other officers of justice, not being military officers, concerning the administration of justice; so as neither the said Sheriffs, Justices of the Peace, Mayors, Bailiffs, Coroners, Constables, Headboroughs, and other officers, or any of them, do levy, conduct, employ, 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 that if any persons shall be gathered and assembled together in warlike manner, or otherwise, to the number of thirty persons, and shall not forthwith separate and disperse themselves, being required thereto by the said Lords and Commons, or command from them, or any of them especially authorised for that purpose, then such person and persons, not so separating and 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 offend herein, shall be incapable of any pardon from His Majesty, his heirs and successors, and their estates shall be disposed as the said Lords and Commons shall think fit, and not otherwise.

Provided also further, that the City of London shall have and enjoy all their rights, liberties, franchises, customs and usages in the raising and employing the forces of that City for the defence thereof, in as full and ample manner, to all intents and purposes, as they have, or might have, used or enjoyed the same at any time before the sitting of this present Parliament.

II. Soit baillÚ aux Seigneurs, A ceste Bille les Seigneurs sont assentuz.

An Act for justifying the proceedings of Parliament in the late war, and for declaring all Oaths, Declarations, Proclamations and other proceedings against it to be void.

Whereas the Lords and Commons assembled in Parliament have been necessitated to make and prosecute a war in their just and lawful defence; and thereupon Oaths, Declarations and Proclamations have been made against them, and their Ordinances and proceedings, and against others for adhering unto them, and for executing offices, places and charges by authority derived from them; and judgments, indictments, outlawries, attainders and inquisitions for the causes aforesaid have been had and made against some of the members of the Houses of Parliament, and other His Majesty's good subjects, and grants have been made of their lands and goods:

Be it therefore declared, and hereby enacted, by the King's Majesty, and by the Lords and Commons assembled in Parliament, and by authority of the same, that all Oaths, Declarations, and Proclamations heretofore had or made against both or either of the Houses of Parliament, or any of the members of either of them, for the causes aforesaid, or against their Ordinances or proceedings, or against any for adhering unto them, or for doing or executing any office, place or charge, by any authority derived from the said Houses, or either of them, and all judgments, indictments, outlawries, attainders, inquisitions and grants thereupon made, and all other proceedings for any the causes aforesaid, had, made, done or executed, or to be had, made, done or executed, whether the same be done by the King or any Judges, Justices, Sheriffs, Ministers, or any others, are void and of no effect, and are contrary to and against the laws of this realm.

And be it further enacted, and hereby declared, by the authority aforesaid, that all Judges, Justices of the Peace, Mayors, Sheriffs, Constables, and other Officers and Ministers shall take notice hereof; and are hereby prohibited and discharged, in all time to come, from awarding any writ, process or summons, and from pronouncing or executing any judgment, sentence or decree, or any way proceeding against or molesting any of the said members of the two Houses of Parliament, or against any of the subjects of this kingdom, for any of the causes aforesaid.

III. Soit baillÚ aux Seigneurs, A ceste Bille les Seigneurs sont assentuz.

An Act concerning Peers lately made and hereafter to be made. Be it enacted, by the King's Majesty and by the Lords and Commons assembled in Parliament, that all honour and title of peerage conferred on any since the 20th day of May, 1642 (being the day that Edward Lord Lyttelton, then Lord-Keeper of the Great Seal, deserted the Parliament, and that the said Great Seal was surreptitiously conveyed away from the Parliament), be and is hereby made and declared null and void.

Be it further enacted, and it is hereby enacted, by the authority aforesaid, that no person that shall hereafter be made a Peer, or his heirs, shall sit or vote in the Parliament of England without consent of both Houses of Parliament.

IV. Soit baillÚ aux Seigneurs, └ ceste Bille les Seigneurs sont assentuz.

An Act concerning the adjournments of both Houses of Parliament.

Be it declared and enacted, by the King's Majesty and by the Lords and Commons assembled in Parliament, and by the authority of the same, that when and as often as the Lords and Commons assembled in this present Parliament shall judge it necessary to adjourn both Houses of the present Parliament to any other place of the kingdom of England than where they now sit, or from any place adjourn the same again to the place where they now sit, or to any other place within the kingdom of England, then such their adjournment and adjournments to such place, and for such time as they shall appoint, shall at all times, and from time to time, be valid and good, any Act, Statute or usage to the contrary notwithstanding.

Provided always, and be it enacted by the authority aforesaid, that no adjournment or adjournments to be had or made, by reason or colour of this Act, shall be deemed, adjudged or taken to make, end or determine any Session of this present Parliament.

And they have also commanded us to present to your Majesty these ensuing Propositions: —

1. That an Act or Acts of Parliament be passed, that all grants, commissions, presentations, &c. (This Proposition is the same with the nineteenth Proposition presented to the King at Newcastle. See p. [305 [l]].)

2. That an Act or Acts of Parliament be passed, that the King do give his royal assent to such Act or Acts, for raising monies, &c. (This is the same with the sixth clause of the twelfth Proposition, at Newcastle, p. [293].)

3. That the King do give his consent, that the members of both Houses of Parliament, or others who have adhered to the Parliament, and have been put out by the King of any place or office, pension or benefit, be restored thereunto.

4. That an Act or Acts of Parliament be passed, to declare and make void the cessation of Ireland, &c. (The same as the seventeenth Proposition, p. [304].)

5. That an Act or Acts of Parliament be passed for indemnity, agreeable to the two Ordinances of both Houses already passed for that purpose.

6. That His Majesty be desired to give his assent to an Act or Acts of Parliament, for the taking away the Court of Wards and Liveries, and of all wardships, liveries, primer seisins and ouster les mains; and of all other charges incident unto, or arising for, or by reason of any wardships, liveries, primer seisins or ouster les mains; and of all tenures by homage, fines, licences, seizures and pardons for alienation; and of all other charges incident or belonging thereunto, or for or by reason thereof, from the 24th of February, 1645,[2] and that all tenures by knight service, grand sergeanty, petty sergeanty, or socage in capite, either of His Majesty, or of any other person or persons, may be, from the time aforesaid, turned into free and common socage, and that the sum of ú50,000 per annum be granted to the King by way of recompense.

7. That an Act or Acts of Parliament shall be passed, declaring the King's approbation of the making the Treaties between the kingdoms of England and Scotland, &c.[3].

8. That the arrears of pay due to the army and others the soldiery of this kingdom, who have faithfully served the Parliament in this war, shall be secured and paid unto them out of the remaining part of the lands and revenues of Archbishops and Bishops, belonging to their archbishoprics or bishoprics, after such engagements satisfied as are already charged thereupon by an Ordinance of both Houses of Parliament, and out of two-thirds in three to be divided of all the forfeitures of lands; and all the fines of the persons mentioned or comprehended in the three first qualifications of the Proposition concerning delinquents; and also out of all forest lands within the kingdom of England and dominion of Wales, provision being made upon the disafforestation thereof, for the relief of the inhabitants within the same, and all other the subjects of this realm, who have right of common, or any other right in the said forests; and that the King do give his consent to such Act or Acts as shall be presented to him by both Houses of Parliament, for the sale or disposing of the said lands and fines for the purpose aforesaid.

9. That an Act or Acts of Parliament be passed, for the utter abolishing and taking away of all Archbishops, Bishops, &c. (The same as the third Proposition, p. [291].)

10. That the several Ordinances, the one entitled 'An Ordinance of Parliament for abolishing of Archbishops and Bishops within the kingdom of England and dominion of Wales; and for settling of their lands and possessions upon trustees for the use of the Commonwealth '; the other entitled 'An Ordinance of the Lords and Commons assembled in Parliament for appointing the sale of Bishops' lands for the use of the Commonwealth,' be confirmed by Act of Parliament.

11. That the King do give his consent to such Act or Acts of Parliament as shall be tendered to him by both Houses of Parliament, for the sale of the lands of Deans and Sub-Deans, Deans and Chapters, Archdeacons, Canons and Prebendaries, and all Chantors, Chancellors, Treasurers, Sub-Treasurers, Succentors and Sacrists, and all Vicars Choral and Choristers, old Vicars and new Vicars of any Cathedral or Collegiate Church, and for the disposal thereof, as both Houses shall think fit.

12. That the persons expressed and contained in the three first qualifications following be proceeded with and their estates disposed of as both Houses of Parliament shall think fit to appoint; and that their persons shall not be capable of pardon by His Majesty without consent of both Houses of Parliament; the Houses hereby declaring, that they will not proceed as to the taking away of life of any in the first qualification to above the number of seven persons.

First qualification.

Rupert and Maurice, Counts Palatine of the Rhine, &c.

The second, third and fourth qualifications, and the three branches of the fourth, the same as on pp. [299-301]. The fifth, sixth and seventh qualifications, the same as at pp. [301-2]. The eighth qualification, and the three branches thereof, are the same as the ninth at Newcastle, p. [302], the eighth of those being now dropped. The ninth qualification the same as the tenth. The tenth qualification the same as the eleventh, p. [303], except the omission of what regards Scotland, and the following addition:

Provided that all and every the delinquents, which by or according to the several and respective Ordinances or Orders made by both or either the Houses of Parliament, on or before the 24th day of April, 1647, are to be admitted to make their fines and compositions under the rate and proportions of the qualifications aforesaid, shall, according to the said Ordinances and Orders respectively, be thereunto admitted, and further also, that no person or persons whatsoever (except such Papists as having been in arms or voluntarily assisted against the Parliament, having by concealing their quality procured their admission to composition) which have already compounded, or shall hereafter compound, and be thereunto admitted by both Houses of Parliament, at any of the rates and propositions aforesaid, or under respectively, shall be put to any other fine than that they have or shall respectively so compound for; except for such estates, or such part of their estates, and for such values thereof respectively, as have been or shall be concealed or omitted in the particulars whereupon they compound; and that all and every of them shall have thereupon their pardons in such manner and form as is agreed by both Houses of Parliament.

13. That an Act or Acts be passed, whereby the debts of the kingdom, and the persons of delinquents, and the value of their estates may be known, &c.

(This is the second paragraph of the second branch of the eleventh qualification at p. [303].)

14. That the King be desired to give his consent to such Act or Acts of Parliament as shall be presented unto him for the settling of the Presbyterian government and directory in England and Ireland, according to such Ordinances as have already, since the sitting of this Parliament, passed both Houses, and are herewithal sent; which Act or Acts are to stand in force to the end of the next Session of Parliament after the end of this present Session.

That no persons whatsoever shall be liable to any question or penalty for nonconformity to the form of government and Divine Service appointed in the said Ordinances; and that all such persons as shall not conform to the said form of government and Divine Service, shall have liberty to meet for the service and worship of God, and for the exercise of religious duties and ordinances, in any fit and convenient places, so as nothing be done by them to the disturbance of the peace of the kingdom: that all tithes or other maintenance appertaining to any church or chapel, which do now belong to the Ministers of such churches or chapels, shall be applied to the use and benefit of such Ministers as do conform to the government settled in the said Ordinances, and to none other, unless it be by the consent of the present Incumbent.

That nothing in this provision shall extend to any toleration of the Popish religion, nor to exempt any Popish recusants from any penalties imposed upon them for the exercise of the same.

That this indulgence shall not extend to tolerate the printing, publishing or preaching of any thing contrary to the principles of the Christian religion, as they are contained in the first, second, third, fourth, fifth, sixth, seventh, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth and fifteenth Articles of the Church of England, according to the true sense and meaning of them, and as they have been cleared and vindicated by the Assembly of Divines, now sitting at Westminster; nor of any thing contrary to those points of faith, for the ignorance whereof men are to be kept from the Sacrament of the Lord's Supper, as they are contained in the rules and directions for that purpose, passed both Houses the 2oth of October, 1645.

That it be also provided, that this indulgence shall not extend to exempt any person or persons from any penalty by law imposed, or to be imposed, upon them for absenting themselves upon the Lord's Day from hearing the Word of God, unless they can show reasonable cause of their absence, or that they were present elsewhere to hear the Word of God preached or expounded unto them, so as the said preaching or expounding be not by any Minister sequestered and not restored.

That this indulgence shall not extend to tolerate the use of the Book of Common Prayer in any place whatsoever.

That liberty shall be given to all Ministers of the Gospel, though they cannot conform to the present Government in all things, being not under sequestration, nor sequesterable, to preach any lecture or lectures, in any church or chapel, where they shall be desired by the inhabitants thereof; provided that it be not at such hours as the Minister of the said parish doth ordinarily preach himself, and shall receive such means and maintenance as doth, or shall, thereunto appertain.

15. That an Act or Acts of Parliament be passed, that the Deputy or Chief Governor, or other Governors of Ireland, &c.

(This Proposition is the same as the third[4] clause of the seventeenth presented at Newcastle, p. [304].)

(The sixteenth, seventeenth, eighteenth and nineteenth Articles, for the more effectual disabling of Jesuits and Papists from disturbing the State and eluding the laws; for the education of the children of Papists in the Protestant religion, &c., are the same as the seventh, eighth, ninth and tenth Propositions, at p. [292], but are now extended to Ireland.)

(The twentieth, twenty-first, twenty-second and twenty-third Articles relate to the observation of the Sabbath, innovations in worship, preaching, pluralities, non-residence; and are the same as the first four clauses of the twelfth Proposition, p. [293]. After which follows this instruction to the Commissioners of both Houses.)

They have also commanded us to desire that your Majesty will give your royal assent to these Bills, by your Letters Patent under the Great Seal of England, and signed by your hand, and declared and notified to the Lords and Commons assembled together in the House of Peers, according to the law declared in that behalf; it appearing unto them, upon mature deliberation, that it stands not with the safety and security of the kingdom and Parliament, to have your Majesty's assent at this time given otherwise. They desire, therefore, that your Majesty be pleased to grant your warrant for the draught of a Bill for such your Letters Patent, to be presented to your Majesty; and then a warrant to Edward Earl of Manchester and William Lenthall, Esq., Speaker of the House of Commons, who have now the custody of the Great Seal of England, to put the same to such your Majesty's Letters Patent signed as aforesaid, thereby authorising Algernon Earl of Northumberland, Henry Earl of Kent, John Earl of Rutland, Philip Earl of Pembroke, William Earl of Salisbury, Robert Earl of Warwick, and Edmund Earl of Mulgrave, or any three of them, to give your Majesty's royal assent unto the said Bills, according to the law in that behalf declared; and for the other particulars contained in the aforementioned Propositions, the two Houses of Parliament will, after such your Majesty's assent given to the said Bills, send their Committee of both Houses to treat with your Majesty in the Isle of Wight thereupon.

[1] The references in square brackets are inserted in place of those in the Parliamentary History.

[2] i.e. 1645/6. See No. 65.

[3] The same as the fifteenth, p. 397, except that there it is styled an 'Act for Confirmation of the Treaties,' &c., and these words are omitted in the new Proposition, with (all other Ordinances and proceedings passed between the two kingdoms, and whereunto they are obliged by the aforesaid Treaties). There are also some alterations in the names of the Commissioners.

[4] 1 Second.


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