Samuel Rawson Gardiner.

The constitutional documents of the Puritan revolution 1625-1660 online

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superstition, heresy, schism, profaneness, and whatsoever shall
be found to be contrary to sound doctrine and the power of
godliness, lest we partake in other men's sins, and thereby be in
danger to receive of their plagues; and that the Lord may
be one, and His name one in the three kingdoms.

m.

We shall with the same sincerity, reality and constancy, in
our several vocations, endeavour with our estates and lives
mutually to preserve the rights and privileges of the Parliaments,
and the liberties of the kingdoms, and to preserve and defend
the King's Majesty's person and authority, in the preservation
and defence of the true religion and liberties of the kingdoms,
that the world may bear witness with our consciences of our
loyalty, and that we have no thoughts or intentions to diminish
His Majesty's just power and greatness.

IV.

We shall also with all faithfulness endeavour the discovery
of all such as have been or shall be incendiaries, malignants
or evil instruments, by hindering the reformation of religion,
dividing the King from his people, or one of the kingdoms
from another, or making any faction or parties amongst the
people, contrary to the league and covenant, that they may be
brought to public trial and receive condign punishment, as the
degree of their offences shall require or deserve, or the supreme
judicatories of both kingdoms respectively, or others having
power from them for that effect, shall judge convenient.

V.

And whereas the happiness of a blessed peace between these
kingdoms, denied in former times to our progenitors, is by the
good providence of Qod granted to us, and hath been lately
concluded and settled by both Parliaments ; we shall each one
of us, according to our places and interest, endeavour that they



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270 Constitutional Documents [1643

miiy remain conjoined in a firm peace and union to all posterity,
and that justice may be done upon the wilful opposers thereof,
in manner expressed in the precedent articles.



VI.

We shall also, according to our places and callings, in this
common cause of religion, liberty and peace of the king-
dom, assist and defend all those that enter into this league
and covenant, in the maintaining and pursuing thereof; and
shall not suffer ourselves, directly or indirectly, by whatso-
ever combination, persuasion or terror, to be divided and
withdrawn from this blessed union and conjunction, whether
to make defection to the contrary part, or give ourselves to
a detestable indifferency or neutrality in this cause, which so
much concemeth the glory of God, the good of the kingdoms,
and the honour of the King ; but shall all the days of our lives
zealously and constantly continue therein, against all opposition,
and promote the same according to our power, against all lets
and impediments whatsoever; and what we are not able our-
selves to suppress or overcome we shall reveal and make known,
that it may be timely prevented or removed : all which we shaU
do as in the sight of Qod.

And because these kingdoms are guilty of many sins and
provocations against Qod, and His Son «Tesus Christ, as is too
manifest by our present distresses and dangers, the fruits
thereof: we profess and declare, before Qod and the world,
our unfeigned desire to be humbled for our own sins, and for
the sins of these kingdoms; especially that we have not as
we ought valued the inestimable benefit of the Gospel ; that
we have not laboured for the purity and power thereof; and
that we have not endeavoured to receive Christ in our hearts,
nor to walk worthy of Him in our lives, which are the causes
of other sins and transgressions so much abounding amongst
us ; and our true and unfeigned purpose, desire and endeavour,
for ourselves and all others under our power and charge, both
in public and in private, in all duties we owe to Gk)d and man,
to amend our lives, and eitch one to go before another in the



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1643 - 4] The First Committee of both Kingdoms 271

example of a real reformation, that the Lord may turn away
His wrath and heayy indignation, and establish these Churches
and kingdoms in truth and peace. And this covenant we make
in the presence of Almighty Qod, the Searcher of all hearts,
with a true intention to perform the same, as we shall answer
at that Great Day when the secrets of all hearts shall be dis-
closed: most humbly beseeching the Lord to strengthen us
by His Holy Spirit for this end, and to bless our desires and
proceedings with such success as may be a deliyerance and
safety to His people, and encouragement to the Christian
Churches groaning under or in danger of the yoke of Anti-
christian tyranny, to join in the same or like association and
coyenant, to the glory of Qod, the enlargement of the kingdom
of Jesus Christ, and the peace and tranquillity of Christian
kingdoms and commonwealths.



69. The Obdinancb appointing the Fibst Committbb
OF BOTH Kingdoms.

[Febrtiary i6, 164I. Joimials of the House of Lords, yi. 430.
See &rtai Civil War, i. 306.]

An Ordinance for the ajppointing a Committee of both Houses of
Parliament^ to join with the Committees and Commissioners
of Scotland, for the better managing the affairs of both
nations in the convmon cause, according to the ends ex-
pressed in the late covenant and treaty between the two
nations 0/ England and Scotland,

Whereas, by the covenant and treaty ratified and established
between the two kingdoms, both nations are engaged in one
common cause against the enemies of their religion and
liberties, and, by the late entrance of the Scottish forces into
this kingdom in pursuance hereof, are firmly united in a
joint posture of arms for their own necessary defence, and for
the attaining of the ends expressed in the covenant and treaty.

And whereas both kingdoms have thought it necessary that
they should be joined in their counsels as well as in their
forceis^ and, in pursuance thereof, the Convention of the Estates



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272 Constitutional Documents [1643-4

of Scotland have appointed Committees, residing in Scotland
and in the Scottish Army, and have sent some of the
said Committees^ as Commissioners for the purposes afore*
said, to repair unto and to reside near the Parliament, who,
since their arrival, have presented their commission and powers,
with their earnest desire that the Parliament would lay down
some speedy and constant way of communicating the desires
and joining the counsels of both kingdoms, in pursuance of
the covenant, treaty and common interest of His Majesty's
dominions.

In consideration hereof, the Lords and Commons do nominate,
ordain and appoint Algernon Earl of Northumberland, Eobert
Earl of Essex (Lord General), Robert Earl of Warwick (Lord
Admiral), Edward Earl of Manchester, William Viscount Say
and Sele, Philip Lord Wharton, John Lord Eobarts, William
Pierpoint, Sir Henry Vane (senior), Sir Philip Stapleton, Sir
William Waller, Sir Gilbert Gerrard, Sir William Armyne,
Sir Arthur Haslerigg, Sir Henry Vane (junior), John Crewe,
Robert Wallop, Oliver St. John (Solicitor- General), Oliver
Cromwell, Samuel Browne and John Glynn (Recorder), or
any six of them, whereof one Lord and two Commoners, to
treat with the Committees and Commissioners appointed by our
brethren of Scotland, in such things as shall by them be pro-
pounded from and in the name of the kingdom of Scotland, for
the ends aforesaid ; as likewise to propound to the Conmiittees
and Commissioners of Scotland whatever they shall receive in
charge from both Houses, and, from time to time, to advise
and consult concerning the same, and report the results to
both Houses.

And further power and authority is hereby given to them,
or any six of them, whereof one Lord and two Commoners
as a joint Committee with the Committee and Commissioners
of Scotland, to advise, consult^ order and direct, concerning the
carrying on and managing of the war for the best advantage
of ilie three kingdoms, and the keeping a good intelligence
between the three kingdoms, their forces, committees and
counsels ; and likewise with power to hold good correspondence
and inteUigence with foreign States ; and further to advise and
^ As we Bhould now say, ' memben of the Committee.*



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1644] The Second Committee oj both Kingdoms 273

consult of all things in pursuance of the ends in the late
covenant and treaty.

Provided always, that nothing in this Ordinance shall
authorise the Committee hereby appointed to advise, treat
or consult concerning any cessation of arms or making peace,
without express directions from both Houses of Parliament.

And lastly, the said Committee are to observe such orders
and directions as they, firom time to time, shall receive from
both Houses of Parliament ; provided also, that this Ordinance
shall continue for three months and no longer.



60. The Obdikange APPOiNTiNa the Second Committee

OF BOTH KiNODOMB.

[May 33, 1644. JoumaU of the House of Commons, iii. 504.
See Qreat Civil War, i. 343.]

An Ordinance for the appointing a Committee of both Houses ^
to join with the Committees and Commissioners of Scotlandy
for the better managing of the affairs of both nations^ in
the common catise, according to the ends eocpressed in the
last covenant and treaty bettoeen the ttoo nations of England
amd Scotland,

Whereas by the covenant and treaty ratified and established
between the two kingdoms, boili nations are engaged in one
common cause against the enemies of the religion and liberties ;
and by the late entrance of the Scottish forces into this kingdom,
in pursuance hereof, are firmly united in a joint posture of arms
for their own necessary defence, and for maintaining of the
ends expressed in the covenant ; and forasmuch as nothing can
be more advantageous and conducible to the purpose aforesaid
than that the conduct of the affairs of both kingdoms, in
prosecution of the ends before mentioned, be managed by the
joint advice and direction of both nations or their Committees
authorised in that behalf; that is, not only the counsels,
resolutions and forces of both kingdoms may be to the utmost
improved to the common good, and a right intelligence and
firmer unity held and preserved between and within themselvecf,



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274 Constitutional Documents [1644

but also a good correspondency may be set on foot and main-
tained abroad with other States in a joint way, to countermine
the wicked confederacies and designs of the Popish and Anti-
christian faction in all parts against the true Protestant reformed
religion, and the welfare of His Majesty's three kingdoms:
and whereas the Conyention of the Estates of Scotland have
appointed Committees residing in Scotland and in the Scottish
army, and have sent some of the said Committees as Commis^
sioners for the purposes aforesaid, to repair unto and reside
near the two Houses, whereof some are already in the city : in
consideration hereof the Lords and Commons assembled in
Parliament, do nominate, ordain and appoint Algernon Earl
of Northumberland, Robert Earl of Essex (Lord General),
Robert Earl of Warwick (Lord Admiral), Edward Earl of
Manchester, William Viscount Say and Sele, Philip Lord
Wharton, John Lord Robarts, William Pierpoint, Sir Henry
Vane (senior), Sir Philip Stapilton, Sir William Waller, Sir
Gilbert Gerard, Sir William Armyn, Sir Arthur Haslilrig,
Sir Henry Vane (junior), John Crew, Robert Wallop, Oliver
St. John (Solicitor-General), Oliver Cromwell, Samuel Browne,
John Glyn (Recorder), or any three of them (whereof a member
of each House to be present), to treat with the Committees and
Commissioners appointed by our brethren of Scotland, in such
things as shall by them be propounded from and in the name
of the kingdom of Scotland for the ends aforesaid : and, from
time to time, to advise and consult with them concerning the
same: and do further give power unto the members of both
Houses above-named, and unto John Earl of Loudoun (Lord
High Chancellor of Scotland), John Lord Maitland, Sir Archi-
bald Johnston of Warriston, and Mr. Robert Barclay, or any
seven of them (whereof a member of each House is to be present),
as a Committee to order and direct whatsoever doth or may
concern the managing of the war, keeping good intelligence
between the forces of the three kingdoms, and whatsoever
may conceru the peace of His Majesty's dominions, and all
other things in pursuance of the ends expressed in the said
Covenant and Treaty: and the Committee of both Houses
are to observe such orders as they shall, from time to time,
receive from both Houses.



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1644] The Propositions of Uxbridge 275



61. The Pbopositions op the Houses presented to the
King at Oxfobd, and subsequently discussed at

THE TbEATT op UxBBIDGB.

[Presented to the King, November 24^, 1644. Journals of the House
of Lords, vii 54. See Great Civil TFar, ii. 76, 85, 1 24.

1. That by Act of Parliament in each kingdom respectively,
all oaths, declarations and proclamations against both or either
of the Houses of Parliament of England, and the late Con->
yention of Estates in Scotland, or Committees flowing from
the Parliament or Convention in Scotland, or their Ordinances
and proceedings, or against any for adhering unto them ; and
all indictments, outlawries and attainders against any for the
said causes, be declared null, suppressed and forbidden; and
that this be publicly intimated in all parish churches within
His Majesty's dominions, and all other places needful.

2. That His Majesty, according to the laudable example
of his royal father of happy memory, may be pleased to swear
and sign the late solemn League and Covenant; and that an
Act of Pailiament be passed in both kingdoms respectively, for
enjoining the taking thereof by all the subjects of the three
kingdoms, and the Ordinances concerning the manner of taking
the same in both kingdoms be confirmed by Acts of Parliament
respectively, with such penalties as, by mutual advice of botl^
kingdoms, uhM be agreed upon.

3. That the Bill be passed for the utter abolishing and
taking away of all Archbishops, * Bishops, their Chancellors
and Commissaries, Deans and Sub-Deans, Deans and Chapters,
Archdeacons, Canons and Prebendaries> and all Chanters,
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 all other
their under officers out of the Church of England and dominion
of Wales, and out of the Church of Ireland, with such altera-
tions concerning the estates of Prelates, as shall agree with
the articles of the late Treaty of the date at Edinburgh,
29 of November, 1643, and joint Declaration of both kingdoms.

^ Bee Journals of the House of Lords, vii. 8».
T 2



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276 Constitutional Documents [1644

4. That the Ordinance concerning the calling and sitting
of the Assembly of Divines be confirmed by Act of Parliament.

5. The reformation of religion, according to the Covenant,
be settled by Act oi Parliament, in such manner as both
Houses shall agree upon after consultation had with the
Assembly of Divines ; and for as much as both kingdoms are
mutually obliged, by the same Covenant, to endeavour the
nearest conjunction and uniformity in matters of -religion,
that such unity and uniformity in religion, according to the
Covenant, as after consultation had with the Divines of both
kingdoms, now assembled, shall be jointly agreed upon by
both Houses of the Parliament of England, and by the Church
and kingdom of Scotland, be confirmed by Acts of Parliament
of both kingdoms respectively.

6. That for the more effectual disabling Jesuits, Priests,
Papists and Popish recusants from disturbing the State and
deluding the laws, and for the better discovering and speedy
conviction of recusants, an oath be established by Act of
Parliament, to be administered by them, wherein they shall
abjure and renounce the Pope's supremacy, the doctrine of
transubstantiation, purgatory, worshipping of the consecrated
host, crucifixes and images, and all other Popish superstitions
and errors : and refusing the said oath, being tendered in such
manner as shall be appointed by the said Act, to be sufficient
conviction in law of recusancy.

7. An Act of Parliament for education of the children of
Papists by Protestants, in the Protestant religion.

8. An Act for the true levying of the penalties against them,
which penalties to be levied and disposed in such manner as
both Houses shall agree on, wherein to be provided that His
Majesty shall have no loss.

9. That an Act be passed in Parliament, whereby the
practices of Papists against the State may be prevented, and
the laws against them duly executed, and a stricter course
taken to prevent the saying or hearing of Mass in the Court
or any other part of this kingdom.

10. The like for the kingdom of Scotland, concerning the
four last preceding propositions, in such manner as the Estates
of Parliament there shall think fit.



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i644] The Propositions of Uxbridge 277

1 1. That the King do give his royal assent, ,

To an Act for the due obseryation of the Lord's Day;

And to the Bill for the suppression of innovations in
churches and chapels, in and about the worship of God, and
for the better advancement of the preaching of God's Holy
Word in all parts of this kingdom ;

And to the Bill against the enjoying of pluralities of benefices
by spiritual persons, and non-residency;

And to an Act to be framed and agreed upon by both
Houses of Parliament, for the reforming and regulating of
both Universities, of the Colleges of Westminster, Winchester
and Eton;

And to an Act in like manner to be agreed upon for the
suppressing of interludes and stage plays: this Acfc to be
perpetual ;

And to an Act for the taking the accounts of the kingdom ;

And to an Act to be made for relief of sick and maimed
soldiers, and of poor widows and children of soldiers ;

And to such Act or Acts for raising of moneys for the
payment and satisfying of the public debts and damages of the
kingdom, and other public uses as shall hereafter be agreed
on by both Houses of Parliament ;

And to an Act or Acts of Parliament for taking away the
Court of Wards and Liveries, and all Wardships, Liveries,
primer mdns, and ouster lea mains, and all other charges
incident or arising for or by reason of Wardship, Livery,
primer seisin or ouster les mains;

And for the taking away of all tenures by homage, and
all fines, licences, seizures and pardons for alienation, and all
other charges incident thereunto, and for turning of all tenures
by knight service, either of His Majesty or others, or by knight
service or socage in capite of His Majesty, into free and
common socage: and that His Majesty will please to accept,
in recompense thereof, £100,000 per amium;

And give assurance of his consenting in the Parliament of
Scotland to an Act ratifying the Acts of Convention of the
Estates of Scotland, called by the Council and Conservatory
of Peace and the Commissioners for common burdens, and
assembled the 22nd day of June, 1643, and several times



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278 Constitutional Documents [1644

continued since in such manner, and with such additions and
other Acts as the Estates convened in this present Parliament
shall think convenient*.

1 2. That an Act be passed in the Parliaments of both king-
doms respectively for confirmation of the treaties -passed betwixt
the two kingdoms, viz. the large treaty ', the late treaty for the
coming of the Scot« army into England and the settling of the
garrison of Berwick of the 29th of November, 1643 ; the treaty
concerning Ireland of the 6th of August, 1642 ; with all other
ordinances and proceedings passed betwixt the two kingdoms
in pursuance of the said treaties.

13'. That an Act of Parliament be passed to make void
the cessation of Ireland, and all treaties with the rebels
without consent of both Houses of Parliament, and to settle
the prosecution of the war in Ireland in both Houses of
Parliament, to be managed by the joint advice of both king-
doms, and the King to assist and to do no act to discountenance
or molest them therein.

14. That an Act be passed in the Parliaments of both
kingdoms respectively for establishing ilie joint declaration
of both kingdoms, bearing date the 30th of January, 1643,
in England, and 1644 in Scotland, with the qualifications
ensuing : —

g. That the persons who shall expect no pardon be only
these following: Rupert and Maurice, Count Palatines of the
Rhine, James Earl of Derby, John Earl of Bristol, William
Earl of Newcastle, Francis Lord Cottington, John Lord Paulet,
George Lord Digby, Edward Lord Lyttelton, William Laud,
Archbishop of Canterbury, Matthew Wren, Bishop of Ely,
Sir Robert Heath, Knight, Doctor Bramhall, Bishop of Deny,
Sir John Byron, Knight, Sir William Widdrington, Colonel
George Goring, Henry Jermyn, Esq., Sir Ralph Hopton,
Sir Francis Doddington, Mr. Endymion Pointer, Sir George
Radcliffe, Sir Marmaduke Langdale, Sir John Hotham, Captain
John Hotham his son. Sir Heniy Vaughan, Sir Francis Winde-
bank. Sir Richard Grenvile, Mr. Edward Hyde, Sir John

^ Articles 1 2 and 13 with the preamble of 14 are misplaced by Bushworth.

* I.e. the treaty of 1641.

' The figure is omitted in the Journals.



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1644] The Propositions of Uxbridge 279

Marley, Sir Nicholas Cole, Sir Thomas Riddell, junior, Colonel
Ward, Sir John Strangways, Sir John Culpepper, Sir Richard
Lloyd, John Bodvile, Esq., Mr. David Jenkins, Sir George
Strode, Sir Alexander Carew, Marquis of Huntly, Earl of
Montrose, Earl of Nithsdale, Earl of Traquair, Earl of Cam-
wath, Viscount of Aboyne, Lord Ogilvy, Lord Eeay, Lord
Harris, Ludovic Lindsay, sometime Earl of Crawford, Patrick
Ruthven, sometime Earl of Forth, James King, sometime Lord
Eythin, Irvine younger of Drum, Gordon younger of Gight,
Leslie of Auchintoul, Sir Robert Spottiswood of Dunipace,
Colonel John Cochrane, Mr. John Maxwell, sometime pretended
Bishop of Ross, Mr. Walter Balcanquhal, and all such others,
as being processed by the Estates for treason, shall be con-
demned before the Act of oblivion be passed.

ii. All Papists and Popish recusants who have been, now are,
or shall be actually in arms, or voluntarily assisting against the
Parliaments or Estates of either kingdom.

iii. All persons who have had any hand in the plotting,
designing or assisting the rebellion in Ireland.

iv. That Humphrey Bennet, Esq., Sir Edward Ford, Sir
John Penruddock, Sir George Vaughan, Sir John Weld, Sir
Robert Lee, Sir John Pate, John Acland, Edmund Windham,
Esquires, Sir John Fizherbert, Sir Edward Laurence, Sir
Ralph Dutton, Henry Lingen, Esq., Sir William Russell of
Worcestershire, Thomas Lee of Adlington, Esq., Sir John
Girlington, Sir Paul Neale, Sir William Thorold, Sir Edward
Hussey, Sir Tho. Liddell, senior. Sir Philip Musgrave, Sir
John Digby of Nottingham, Sir Henry Fletcher, Sir Richard
Minshull, Lawrence Halstead, John Denham, Esquires, Sir
Edmund Fortescue, Peter St. Hill, Esq., Sir Thomas Tildesley,
Sir Henry Griffith, Michael Wharton, Esq., Sir Henry Spiller,
Sir George Benion, Sir Edward Nicholas, Sir Edward Walgrave,
Sir Edward Bishop, Sir Robert Ouseley, Sir John Mandy,
Lord Cholmley, Sir Thomas Aston, Sir Lewis Dives, Sir Peter
Osborne, Samuel Thornton, Esq., Sir John Lucas, John Blaney,
Esq., Sir Thomas Chedle, Sir Nicholas Kemish, and Hugh
IJoyd, Esq., and all such of the Scottish nation as have
concurred in the votes at Oxford against the kingdom of
Scotland and their proceedinscs, or have sworn or subscribed



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28o Constitutional Documents [1644

the Declaration against the Convention and Covenant; and
all such as have assisted the rebellion in the North, or the
invasion in the South of the said kingdom of Scotland, or
the late invasion made there by the Irish and their adherents ;
and that the members of either House of Parliament, who
have not only deserted the Parliament, but have also been
voted by both kingdoms traitors, may be removed from His
Majesty's counsels, and be restrained from coming within the
verge of the Court ; and that they may not without the advice
and consent of both kingdoms, bear any office or have any
employment concerning the State or Commonwealth ; and
also, that the members of either House of Parliament who
have deserted the Parliament and adhered to the enemies



Online LibrarySamuel Rawson GardinerThe constitutional documents of the Puritan revolution 1625-1660 → online text (page 31 of 51)