66. The Propositions of the Houses sent to the King at Newcastle.
[Sent to the King, July 13, 1646. Rushworth, vi. 309. See Great Civil War, iii. 127.]
May it please your Majesty,
We the Lords and Commons assembled in the Parliament of England, in the name and on the behalf of the kingdom of England and Ireland, and the Commissioners of the Parliament of Scotland, in the name and on the behalf of the kingdom of Scotland, do humbly present unto your Majesty the humble desires and propositions for a safe and well-grounded peace, agreed upon by the Parliaments of both kingdoms respectively, unto which we do pray your Majesty's assent; and that they, and all such Bills as shall be tendered to your Majesty in pursuance of them, or any of them, may be established and enacted for Statutes and Acts of Parliament, by your Majesty's royal assent, in the Parliament of both kingdoms respectively.
1. Whereas both Houses of the Parliament of England have been necessitated to undertake a war in their just and lawful defence, and afterwards both kingdoms of England and Scotland joined in solemn League and Covenant were engaged to prosecute the same;
That by Act of Parliament in each kingdom respectively, all oaths, declarations and proclamations heretofore had, or hereafter to be had, against both or either of the Houses of Parliament of England, the Parliaments of the kingdom of Scotland, and the late Convention of Estates in Scotland, or the Committees flowing from the Parliament or Convention in Scotland, or their ordinances and proceedings, or against any for adhering unto them, or for doing or executing any office, place or charge, by any authority derived from them; and all judgments, indictments, outlawries, attainders and inquisitions in any the said causes; and all grants thereupon had or made, or to be made or had, 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 Parliament 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 both kingdoms, shall be agreed upon.
3. That a 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 Chaunters, 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 under officers, out of the Church of England and dominion of Wales, Bud out of the Church of Ireland, with such alterations concerning the estates of Prelates, as shall agree with the articles of the late Treaty of the date at Edinburgh, November 29, 1643, and joint Declaration of both kingdoms.
4. That the Ordinances concerning the calling and sitting of the Assembly of Divines be confirmed by Act of Parliament.
5. That reformation of religion, according to the Covenant, be settled by Act of Parliament, in such manner as both Houses have agreed, or shall agree upon, after consultation had with the Assembly of Divines.
6. Forasmuch as both kingdoms are mutually obliged by the same Covenant, to endeavour the nearest conjunction and uniformity in matters of religion, according to the Covenant, as after consultation had with the Divines of both kingdoms assembled, is or shall be jointly agreed upon by both Houses of Parliament of England, and by the Church and kingdom of Scotland, be confirmed by Acts of Parliament of both kingdoms respectively.
7. 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 to 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 a sufficient conviction of recusancy.
8. An Act of Parliament for education of the children of Papists by Protestants in the Protestant religion.
9. 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.
10. 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.
11. The like for the kingdom of Scotland, concerning the four last preceding propositions, in such manner as the Estates of the Parliament there shall think fit.
12. That the King do give his royal assent to an Act for the due observance 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, &c.;
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 such Act or Acts for raising of monies for the payment and satisfaction 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 that if the King doth not give his assent thereunto, then it being done by both Houses of Parliament, the same shall be as valid to all intents and purposes, as if the royal assent had been given thereunto.
The like for the kingdom of Scotland.
And that His Majesty give assurance of his consenting in the Parliament of Scotland to an Act acknowledging and ratifying the Acts of the Convention of Estates of Scotland, called by the Council and Conservers of the Peace and the Commissioners for the common burdens, and assembled the 22nd of June, 1643, and several times continued since, and of the Parliament of that kingdom since convened.
13. That the Lords and Commons in the Parliament of England assembled, shall during the space of twenty years, from the 1st of July, 1646, arm, train and discipline, or cause to be armed, trained and disciplined, all the forces of the kingdoms of England and Ireland and dominion of Wales, the Isles of Guernsey and Jersey, and the town of Berwick upon Tweed, already raised both for sea and land service; and shall arm, train and discipline, or cause to be raised, levied, armed, trained and disciplined, any other forces for land and sea service, in the kingdoms, dominions, and places aforesaid, as in their judgments they shall from time to time, during the said space of twenty years, think fit and appoint: and that neither the King, his heirs or successors, nor any other but such as shall act by the authority or approbation of the said Lords and Commons, shall during the said space of twenty years exercise any of the powers aforesaid.
And the like for the kingdom of Scotland, if the Estates of the Parliament there shall think fit.
That money be raised and levied for the maintenance and use of the said forces for land service, and of the navy and forces for sea service, in such sort and by such ways and means as the said Lords and Commons shall from time to time, during the said space of twenty years, think fit and appoint, and not otherwise. That all the said forces, both for land and sea service, so raised or levied, or to be raised or levied, and also the admiralty and navy, shall from time to time, during the said space of twenty years, be employed, managed, ordered and disposed by the said Lords and Commons, in such sort and by such ways and means as they shall think fit and appoint, and not otherwise. And the said Lords and Commons, during the said space of twenty years, shall have power,
(i) To suppress all forces raised or to be 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, the Isles of Guernsey and Jersey, and the town of Berwick upon Tweed, or any of them.
(ii) To suppress any foreign forces who shall invade or endeavour to invade the kingdoms of England and Ireland, dominion of Wales, the Isles of Guernsey and Jersey, and the town of Berwick upon Tweed, or any of them.
(iii) 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 any warrant whatsoever, without consent of the said Lords and Commons of the Parliament of England, and the Parliament or the Estates of the Parliament of Scotland respectively. And that no forces of either kingdom shall go into or continue in the other kingdom, without the advice and desire of the said Lords and Commons of the Parliament of England, and the Parliament of the kingdom of Scotland, or such as shall be by them appointed for that purpose: and that after the expiration of the said twenty years, neither the King, his heirs or successors, or any person or persons, by colour or pretence of any commission, power, deputation or authority, to be derived from the King, his heirs or successors, or any of them, shall raise, arm, train, discipline, employ, order, manage, disband or dispose of any of the forces by sea or land, of the kingdoms of England and Ireland, the dominion of Wales, Isles of Guernsey and Jersey, and the town of Berwick upon Tweed: nor exercise any of the said powers or authorities in the precedent articles mentioned and expressed to be during the said space of twenty years, in the said Lords and Commons: nor do any act or thing concerning the execution of the said powers or authorities, or any of them, without the consent of the said Lords and Commons first had and obtained. That after the expiration of the said twenty years, in all cases wherein the Lords and Commons shall declare the safety of the kingdom to be concerned, and shall thereupon pass any Bill or Bills for the raising, arming, disciplining, employing, managing, ordering or disposing of the forces by sea or land, of the kingdoms of England and Ireland, the dominion of Wales, Isles of Guernsey and Jersey, and the town of Berwick upon Tweed, or of any part of the said forces, or concerning the admiralty and 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 of any part of them: and if that the royal assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament, as the said Houses shall judge fit and convenient, that then such Bill or Bills so passed by the said Lords and Commons as aforesaid, and to which the royal assent shall not be given as is herein before expressed, shall nevertheless after declaration of the said Lords and Commons made in that behalf, have the force and strength of an Act or Acts of Parliament, and shall be as valid to all intents and purposes as if the royal assent had been given thereunto.
Provided, that nothing herein before contained shall extend to the taking away of the ordinary legal power of Sheriffs, Justices of Peace, 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, nor 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 if any persons shall be gathered and assembled together in warlike manner or otherwise, to the number of thirty persons, and shall not forthwith disband themselves, being required thereto by the said Lords and Commons, or command from them or any of them, especially authorised for that purpose, then such person or persons not so disbanding 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, to be incapable of any pardon from His Majesty, his heirs or successors, and their estates shall be disposed as the said Lords and Commons shall think fit, and not otherwise.
Provided, that the City of London shall have and enjoy all their rights, liberties and franchises, customs and usages, in the raising and employing the forces of that City for the defence thereof, in 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 making of the said Act or proposition; to the end that City may be fully assured it is not the intention of the Parliament to take from them any privileges or immunities in raising or disposing of their forces which they Lave or might have used or enjoyed heretofore.
The like for the kingdom of Scotland, if the Estates of the Parliament there shall think fit.
14. That by Act of Parliament all Peers made since 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, being the 21st day of May, 1642, and who shall be hereafter made, shall not sit or vote in the Parliament of England, without consent of both Houses of Parliament; and that all honour and title conferred on any without consent of both Houses of Parliament since the 20th of May, 1642, being the day that both Houses declared that the King, seduced by evil counsel, intended to raise war against the Parliament, be null and void.
The like for the kingdom of Scotland, those being excepted whose patents were passed the Great Seal before the 14th of June, 1644.
15. That an Act be passed in the Parliaments of both Houses respectively, for confirmation of the Treaties passed between the two kingdoms; viz. the large Treaty, the late Treaty for the coming of the Scots army into England, and the settling of the garrison of Berwick, of the 29th of November, 1643, and the Treaty between Ireland of the 6th of August, 1642, for the bringing of 10,000 Scots into the province of Ulster in Ireland; with all other Ordinances and proceedings passed between the two kingdoms, and whereunto they are obliged by the aforesaid Treaties.
And that Algernon Earl of Northumberland, John Earl of Rutland, Philip Earl of Pembroke and Montgomery, Robert Earl of Essex, Theophilus Earl of Lincoln, James Earl of Suffolk, Robert Earl of Warwick, Edward Earl of Manchester, Henry Earl of Stamford, Francis Lord Dacres, Philip Lord Wharton, Francis Lord Willoughby, Dudley Lord North, John Lord Hunsdon, William Lord Gray, Edward Lord Howard of Escrick, Thomas Lord Bruce, Ferdinando Lord Fairfax, Mr. Nathaniel Fiennes, Sir William Armin, Sir Philip Stapleton, Sir Henry Vane, senior, Mr. William Pierpoint, Sir Edward Aiscough, Sir William Strickland, Sir Arthur Haslerig, Sir John Fenwick, Sir William Brereton, Sir Thomas Widdrington, Mr. John Toll, Mr. Gilbert Millington, Sir William Constable, Sir John Wray, Sir Henry Vane, junior, Mr. Henry Darley, Oliver St. John, Esq., His Majesty's Solicitor-General, Sir Denzil Hollis, Mr. Alexander Rigby, Mr. Cornelias Holland, Mr. Samuel Vassal, Mr. Peregrine Pelham, John Glyn, Esq., Recorder of London, Mr. Henry Martin, Mr. Alderman Hoyle, Mr. John Blackiston, Mr. Serjeant Wilde, Mr. Richard Barrois, Sir Anthony Irby, Mr. Ashhurst, Mr. Billingham, and Mr. Toison, Members of both Houses of the Parliament of England, shall be the Commissioners for the kingdom of England, for conservation of the peace between the two kingdoms; to act according to the powers in that behalf expressed in the articles of the large Treaty, and not otherwise.
That His Majesty give his assent to what the two kingdoms shall agree upon, in prosecution of the articles of the large Treaty, which are not yet finished.
16. That an Act be passed in the Parliaments of both kingdoms respectively, for establishing the joint Declaration of both kingdoms bearing date the 30th of January, 1643, in England, and 1644 in Scotland; with the qualifications ensuing:
1st Qualification. That the persons who shall expect no pardon be only these following: Rupert and Maurice, Counts Palatine of the Rhine, James Earl of Derby, John Earl of Bristol, William Earl of Newcastle, Francis Lord Cottington, George Lord Digby, Matthew Wren, Bishop of Ely, Sir Robert Heath, Knt., Dr. Bramhall, Bishop of Derry, Sir William Widdrington, Col. George Goring, Henry Jermyn, Esq., Sir Ralph Hopton, Sir John Byron, Sir Francis Doddington, Sir Francis Strangways, Mr. Endymion Porter, Sir George Radcliffe, Sir Marmaduke Langdale, Henry Vaughan, Esq., now called Sir Henry Vaughan, Sir Francis Windebank, Sir Richard Grenvile, Mr. Edward Hyde, now called Sir Edward Hyde, Sir John Marley, Sir Nicholas Cole, Sir Thomas Riddell, junior, Sir John Culpepper, Mr. Richard Lloyd, now called Sir Richard Lloyd, Mr. David Jenkins, Sir George Strode, George Carteret, Esq., now called Sir George Carteret, Sir Charles Dallison, Knt., Richard Lane, Esq., now called Sir Richard Lane, Sir Edward Nicholas, John Ashburnham, Esq., Sir Edward Herbert, Knt., Attorney-General, Earl of Traquair, Lord Harris, Lord Reay, George Gordon, cometime Marquis of Huntly, James Graham, sometime Earl of Montrose, Robert Maxwell, late Earl of Nithsdale, Robert Dalyel, sometime Earl of Carnwath, James Gordon, sometime Viscount of Aboyne, Ludovic Lindsay, sometime Earl of Crawford, James Ogilvy, sometime Earl of Airlie, James Ogilvy, sometime Lord Ogilvy, Patrick Ruthven, sometime Earl of Forth, James King, sometime Lord Eythin, Alaster Macdonald, Irvine the younger of Drum, Gordon the younger of Gight, Leslie of Auchintoul, Col. John Cochrane, Graham of Gorthie, Mr. John Maxwell, sometime pretended Bishop of Ross, and all such others as being processed by the Estates for treason, shall be condemned before the Act of Oblivion be passed.
2nd Qualification. All Papists and Popish recusants who have been, now are, or shall be actually in arms, or voluntarily assisting against the Parliament or Estates of either kingdom; and by name the Marquis of Winton, Earl of Worcester, Edward Lord Herbert of Raglan, son to the Earl of Worcester, Lord Brudenell, Caryl Mollineux, Esq., Lord Arundel of Wardour, Sir Francis Howard, Sir John Wintour, Sir Charles Smith, Sir John Preston, Sir Basil Brooke, Lord Audley, Earl of Castlehaven, in the kingdom of Ireland, William Sheldon, of Beely, Esq., Sir Henry Bedingfield.
3rd Qualification. All persons who have had any hand in the plotting, designing or assisting the rebellion of Ireland, except such persons who have only assisted the said rebellion, have rendered themselves, or come in to the Parliament of England.
4th Qualification. 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, Esq., Sir John Fitzherbert, Sir Edward Lawrence, 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 Thomas Liddell, senior, Sir Philip Musgrave, Sir John Digby of Nottinghamshire, Sir Henry Fletcher, Sir Richard Minshull, Lawrence Halstead, John Denham, Esq., Sir Edmund Fortescue, Peter St. Hill, Esq., Sir Thomas Tildesley, Sir Henry Griffith, Michael Wharton, Esq., Sir Henry Spiller, Mr. George Benion, now called Sir George Benion, Sir Edward Walgrave, Sir Robert Ouseley, Sir John Mandy, Lord Cholmley, Sir Thomas Acton, Sir Lewis Dives, Sir Peter Osborne, Samuel Thornton, Esq., Sir John Lucas, John Blaney, Esq., Sir Thomas Chedle, Sir Nicholas Kemish, Hugh Lloyd, Esq., Sir Nicholas Crispe, Sir Peter Ricaut.
And all such of the Scottish nation as have concurred in the votes at Oxford, against the kingdom of Scotland and their proceedings, or have sworn or subscribed 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, 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 Houses of the Parliament of England, or the Estates in the Parliament of Scotland respectively, bear any office, or have any employment concerning the State or Commonwealth: and in case any of them should offend therein, to be guilty of high treason, and incapable of any pardon from His Majesty, and their estates to be disposed of as both Houses of the Parliament of England, or the Estates of the Parliament in Scotland respectively shall think fit: and that one full third part upon full value of the estates of the persons aforesaid, made incapable of employment as aforesaid, be employed for the payment of the public debts and damages, according to the Declaration,
1st Branch. That the late members, or any who pretended themselves late members of either House of Parliament, who have not only deserted the Parliament, but have also sat in the unlawful assembly at Oxford, called or pretended by some to be a Parliament, and voted both kingdoms traitors, and have not voluntarily rendered themselves before the last of October, 1644, be removed from His Majesty's counsels, and be restrained from coming within the verge of the Court; and that they may not, without advice and consent of both kingdoms, bear any office or have any employment concerning the State or Commonwealth. And in case any of them shall offend therein, to be guilty of high treason, and be incapable of any pardon by His Majesty; and their estates to be disposed as both Houses of Parliament in England, or the Estates of the Parliament of Scotland respectively shall think fit.
2nd Branch. That the late members, or any who pretended themselves members of either House of Parliament, who have sat in the unlawful assembly at Oxford, called or pretended by some to be a Parliament, and have not voluntarily rendered themselves before the last of October, 1644, be removed from His Majesty's counsels, and restrained from coming within the verge of the Court; and that they may not, without the advice and consent of both Houses of Parliament, bear any office or have any employment concerning the State or Commonwealth. And in case any of them shall offend therein, to be guilty of high treason, and incapable of any pardon from His Majesty, and their estates to be disposed of as both Houses of the Parliament of England shall think fit.
3rd Branch. That the late members, or any who pretended themselves members of either House of Parliament, who have deserted the Parliament, and adhered to the enemies thereof, and have not rendered themselves before the last of October, 1644, 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 Houses of Parliament, bear any office or have any employment concerning the State or Commonwealth. And in case any of them shall offend therein, to be guilty of high treason, and incapable of any pardon from His Majesty, and their estates to be disposed as both Houses of Parliament in England shall think fit.
5th Qualification. That all Judges and officers towards the law, common or civil, who have deserted the Parliament and adhered to the enemies thereof, be incapable of any place of judicature, or office towards the law, common or civil: and that all serjeants, councillors, and attorneys, doctors, advocates, and proctors of the law, common or civil, either in public or private, shall not be capable of any preferment or employment in the Commonwealth, without the advice and consent of both Houses of Parliament: and that no Bishop or Clergyman, no Master or Fellow of any College or Hall in either of the Universities, or elsewhere, or any Master of school or hospital, or any ecclesiastical person, who hath deserted the Parliament and adhered to the enemies thereof, shall hold or enjoy, or be capable of any preferment or employment in Church or Commonwealth. But all their said several preferments, places and promotions, shall be utterly void, as if they were naturally dead: nor shall they otherwise use their function of the ministry, without advice and consent of both Houses of Parliament: provided, that no lapse shall incur by this vacancy until six months past after notice thereof.
6th Qualification. That all persons who have been actually in arms against the Parliament, or have counselled or voluntarily assisted the enemies thereof, are disabled to be Sheriffs, Justices of the Peace, Mayors, or other Head Officers of any City or Corporation, Commissioners of Oyer and Terminer, or to sit and serve as members or assistants in either of the Houses of Parliament, or to have any military employments in this kingdom, without the consent of both Houses of Parliament.
7th Qualification. The persons of all others to be free of all personal censure, notwithstanding any act or thing done in or concerning this war, they taking the Covenant.
8th Qualification. The estates of those persons excepted in the first three precedent qualifications, and the estates of Edward Lord Lyttelton and of William Laud, late Archbishop of Canterbury, to pay public debts and damages.
9th Qualification. 1st Branch: that two full parts in three to be divided of all the estates of the members of either House of Parliament, who have not only deserted the Parliament, but have also voted both kingdoms traitors, and have not rendered themselves before the 1st of December, 1645, shall be taken and employed for the payment of the public debts and damages of the kingdom.
2nd Branch: that two full parts in three to be divided of the estates of such late members of either House of Parliament as sat in the unlawful assembly at Oxford, and shall not have rendered themselves before the 1st of December, 1645, shall be taken and employed for the payment of the public debts and damages of the kingdom.
3rd Branch: that one full moiety of the estates of such persons, late members of either of the Houses of Parliament, who have deserted the Parliament, and adhered to the enemies thereof, and shall not have rendered themselves before the 1st of December, 1645, shall be taken and employed for the payment of public debts and damages of the kingdom.
10th Qualification. That a full third part of the value of the estates of all Judges and officers towards the law, common or civil, and of all serjeants, councillors and attorneys, doctors, advocates and proctors of the law, common or civil; and of all Bishops, Clergymen, Masters and Fellows of any College or Hall in either of the Universities, or elsewhere; and of all Masters of hospitals, and of ecclesiastical persons, who have deserted the Parliament and adhered to the enemies thereof, and have not rendered themselves before the 1st of December, 1645, shall be taken and employed for the payment of publie debts and damages of the kingdom.
That a full sixth part of the value of the estates of the persons excepted in the sixth qualification, concerning such as have been actually in arms against the Parliament, or have counselled or voluntarily assisted the enemies thereof, and are disabled according to the said qualification, to be taken and employed for the payment of the public debts and damages of the kingdom.
11th Qualification. That the persons and estates of all common soldiers and others of the kingdom of England, who in lands or goods be not worth £200 sterling, and the persons and estates of all common soldiers and others of the kingdom of Scotland, who in his lands or goods be not worth £100 sterling, be at liberty and discharged.
1st Branch. This proposition to stand as to the English, and as to the Scots likewise, if the Parliament of Scotland or their Commissioners shall think fit.
2nd Branch. That the 1st of May last is now the day limited for the persons to come in, that are comprised within the former qualification.
That an Act be passed, whereby the debts of the kingdom and the persons of delinquents, and the value of their estates may be known: and which Act shall appoint in what manner the confiscations and proportions before mentioned may be levied and applied to the discharge of the said engagements.
The like for the kingdom of Scotland, if the Estates of the Parliament, or such as shall have power from them, shall think fit.
17. That an Act of Parliament be passed to declare and make void the cessation of Ireland, and all Treaties and conclusions of peace, or any articles thereupon with the rebels, without consent of both Houses of Parliament: and to settle the prosecution of the wars of Ireland, as both Houses of the Parliament of England have agreed, or shall agree upon, after consultation had with the Assembly of Divines here.
That the Deputy or Chief Governor, or other Governors of Ireland, and the Presidents of the several provinces of that kingdom, be nominated by both the Houses of the Parliament of England; or in the intervals of Parliament, by such Committees of both Houses of Parliament as both Houses of the Parliament of England shall nominate and appoint for that purpose: and that the Chancellor or Lord Keeper, Lord Treasurer, Commissioners of the Great Seal or Treasury, Lord Warden of the Cinque Ports, Chancellor of the Exchequer and Duchy, Secretaries of State, Master of the Rolls, Judges of both Benches, and Barons of the Exchequer, of the kingdoms of England and Ireland, and the Vice-Treasurer and Treasurer at War, of the kingdom of Ireland, be nominated by both Houses of the Parliament of England, to continue quam diu se bene gesserint; and in the intervals of Parliament by the afore-mentioned Committee, to be approved or disallowed by both Houses at their next sitting.
The like for the kingdom of Scotland, concerning the nomination of the Lords of the Privy Council, Lords of Session and Exchequer, Offices of State and Justice-General, in such manner as the Estates of Parliament there shall think fit.
18. That the militia of the City of London, and liberties thereof, may be in the ordering and government of the Lord Mayor, Aldermen, and Commons in Council assembled, or such as they shall from time to time appoint (whereof the Lord Mayor and Sheriffs for the time being to be three), to be employed and directed from time to time, in such manner as shall be agreed on and appointed by both Houses of Parliament.
That no citizen of the City of London, nor any of the forces of the said City, should be drawn forth or compelled to go out of the said City, or liberties thereof, for military service, without their own free consent.
That an Act be passed for granting and confirming of the charters, customs, liberties and franchises of the City of London, notwithstanding any nonuser, misuser, or abuser.
That the Tower of London may be in the government of the City of London, and the chief officer and governor thereof, from time to time, be nominated and removable by the Common Council: and for prevention of inconveniences which may happen by the long intermission of Common Councils, it is desired that there may be an Act that all by-laws and ordinances already made, or hereafter to be made by the Lord Mayor, Aldermen, and Commons in Common Council assembled, touching the calling, continuing, directing and regulating the said Common Councils, be as effectual in law to all intents and purposes, as if the same were particularly enacted by the authority of Parliament. And that the Lord Mayor, Aldermen, and Commons in Common Council may add to or repeal the said Ordinances from time to time, as they shall see cause.
That such other propositions as shall be made for the City, for their further safety, welfare and government, and shall be approved of by both Houses of Parliament, may be granted and confirmed by Act of Parliament.
19. That all grants, commissions, presentations, writs, processes, proceedings, and other things passed under the Great Seal of England, in the custody of the Lords and others Commissioners appointed by both Houses of Parliament for the custody thereof, and by Act of Parliament with the royal assent, shall be declared and enacted to be of like force and effect to all intents and purposes, as the same or like grants, commissions, presentations, writs, processes, proceedings, and 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 and presentations, writs, processes, proceedings, and other things whatsoever, passed under or by authority of any other Great Seal since the 22nd day of Hay, 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 22nd of May, and before the 28th day of November, anno dom. 1643, were afterwards proceeded upon, returned into, or put in use in any of the King's Courts at Westminster; and except the grant to Mr. Justice Bacon to be one of the Justices of the King's 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 Great Seal than the Seal aforesaid, in the custody of the said Commissioners, before the 1st 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 politic or corporate, since the cessation made in Ireland the 15th 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.