Gardiner: Constitutional Documents of the Puritan Revolution

61. The Propositions of the Houses presented to the King at Oxford, and subsequently discussed at the Treaty of Uxbridge.

[Presented to the King, November 24,^[1] 1644. Journals of the House of Lords, vii. 54. See Great Civil War, ii. 76, 85, 124.

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 Convention 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 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 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 alterations 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.

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 of 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.

11. That the King do give his royal assent,

To an Act for the due observation 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 Act 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 seisins, and ouster les 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 annum;

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 continued since in such manner, and with such additions and other Acts as the Estates convened in this present Parliament shall think convenient.^[2]

12. That an Act be passed in the Parliaments of both kingdoms respectively for confirmation of the treaties passed betwixt the two kingdoms, viz. the large treaty,^[3] 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; 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.^[4] 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 kingdoms, 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 the joint declaration of both kingdoms, bearing date the 30th of January, 1643, in England, and 1644 in Scotland, with the qualifications ensuing: —

5. 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 Derry, Sir John Byron, Knight, Sir William Widdrington, Colonel George Goring, Henry Jermyn, Esq., Sir Ralph Hopton, Sir Francis Doddington, Mr. Endymion Porter, Sir George Radcliffe, Sir Marmaduke Langdale, Sir John Hotham, Captain John Hotham his son, Sir Henry Vaughan, Sir Francis Windebank, Sir Richard Grenvile, Mr. Edward Hyde, Sir John 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 Carnwath, Viscount of Aboyne, Lord Ogilvy, Lord Reay, 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 condemned 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 Lloyd, Esq., 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; 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 thereof, and not rendered themselves before the last of October, 1644, 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 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 by His Majesty, and their estates to be disposed as both Houses of Parliament in England, or the Estates of the Parliament in Scotland respectively, shall think fit.

v. That by Act of Parliament all Judges and officers towards the law common or civil, who have deserted the Parliament and adhered to the enemies thereof, be made incapable of any place of judicature or office, towards the law common or civil: and that all Serjeants, Counsellors and Attorneys, Doctors, Advocates and Proctors of the law common or civil, who have deserted the Parliament and adhered to the enemies thereof, be made incapable of any practice in the law common or civil, either in public or in private: and that they, and likewise all Bishops, Clergymen, and other ecclesiastical persons, who have deserted the Parliament and adhered to the enemies thereof, shall not be capable of any preferment or employment, either in Church or Commonwealth, without the advice and consent of both Houses of Parliament.

vi. 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.

vii. The estates of those persons, excepted in the first three preceding qualifications, to pay public debts and damages.

viii. A third part in full value of the estates of the persons made incapable of any employment as aforesaid, to be employed for the payment of the public debts and damages, according to the Declaration.

ix. And likewise a tenth part of the estates of all other delinquents within the joint Declarations; and in case the estates and proportions aforementioned shall not suffice for the payment of the public engagement, whereunto they are only to be employed, that then a new proportion may be appointed by the joint advice of both kingdoms, providing it exceed not the one moiety of the estates of the persons made incapable as aforesaid, and that it exceed not a sixth part of the estate of the other delinquents.

x. 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 lands or goods be not worth £100 sterling, be at liberty and discharged.

xi. 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.

15. That by Act of Parliament the subjects of the kingdom of England may be appointed to be armed, trained and disciplined in such manner as both Houses shall think fit, the like for the kingdom of Scotland, in such manner as the Estates of Parliament there shall think fit.

16. That an Act of Parliament be passed for the settling of the admiralty and forces at sea, and for the raising of such moneys for maintenance of the said forces and of the navy, as both Houses of Parliament shall think fit; the like for the kingdom of Scotland, in such manner as the Estates of Parliament there shall think fit.

17. An Act for the settling of all forces both by sea and land, in Commissioners to be nominated by both Houses of Parliament, of persons of known integrity, and such as both kingdoms may confide in for their faithfulness to religion and peace of the kingdoms of the House of Peers, and of the House of Commons, who shall he removed or altered from time to time as both Houses shall think fit; and when any shall die, others to be nominated in their places by the said Houses; which Commissioners shall have power,

(i) To suppress any forces raised without authority of both Houses of Parliament, or in the intervals of Parliaments, without consent of the said Commissioners, to the disturbance of the public peace of the kingdoms, and to suppress any foreign forces that shall invade this kingdom; and that it shall be high treason in any who shall levy any force without such authority or consent, to the disturbance of the public peace of the kingdoms, any commission under the Great Seal or warrant to the contrary notwithstanding, and they to be incapable of any pardon from His Majesty, and their estates to be disposed of as both Houses of Parliament shall think fit.

(ii) To preserve the peace now to be settled, and to prevent all disturbance of the public peace that may arise by occasion of the late troubles: so for the kingdom of Scotland.

(iii) To have power to send part of themselves, so as they exceed not a third part or be not under the number of to reside in the kingdom of Scotland, to assist and vote as single persons with the Commissioners of Scotland in those matters wherein the kingdom of Scotland is only concerned: so for the kingdom of Scotland.

(iv) That the Commissioners of both kingdoms may meet as a joint Committee, as they shall see cause, or send part of themselves as aforesaid, to do as followeth:

(i) To preserve the peace between the kingdoms and the King, and every one of them.

(ii) To prevent the violation of the Articles of Peace, as aforesaid, or any troubles arising in the kingdoms by breach of the said articles, and to hear and determine all differences that may occasion the same according to the Treaty, and to do further according as they shall respectively receive instructions from both Houses of Parliament of England, or the Estates of the Parliament in Scotland, and in the intervals of Parliaments from the Commissioners for the preservation of the public peace

(iii) To raise and join the forces of both kingdoms to resist all foreign invasion, and to suppress any forces raised within any of the kingdoms, to the disturbance of the public peace of the kingdoms, by any authority under the Great Seal, or other warrant whatsoever, without consent of both Houses of Parliament in England, and the Estates of the Parliament in Scotland, or the said Commissioners of that kingdom whereof they are subjects; and that in those cases of joint concernment to both kingdoms, the Commissioners to be directed to be all there, or such part as aforesaid, to act and direct as joint Commissioners of both kingdoms.

(iv) To order the war of Ireland according to the Ordinance of the 11th of April, and to order the militia to conserve the peace of the kingdom of Ireland.

18. 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.

19. 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 day 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 declared null and void. The like for the kingdom of Scotland, those being excepted whose patents were passed the Great Seal before the 4th of June, 1644.

20. That by Act of Parliament the Deputy or Chief Governor, or other Governors of Ireland, be nominated by both Houses of Parliament, or in the intervals of Parliament by the Commissioners, to continue during the pleasure of the said Houses, or in the intervals of Parliament during the pleasure of the aforementioned Commissioners, to be approved or disallowed by both Houses at their next sitting. And that the Chancellor or Lord Keeper, Lord Treasurer, Commissioners of the Great Seal or Treasury, Lord Warden of the Cinque Ports, Chancellors of the Exchequer and Duchy, Secretary of State, Judges of both Benches, and of the Exchequer of the kingdoms of England and Ireland, be nominated by both Houses of Parliament, to continue quam diu se bene gesserint, and in the intervals of Parliament by the aforementioned Commissioners, to be approved or disallowed by both Houses at their next sitting; the like for the kingdom of Scotland, adding the Justice General, and in such manner as the Estates in Parliament there shall think fit.

21. That by Act of Parliament the education of your Majesty's children, and the children of your heirs and successors, be in the true Protestant religion, and that their tutors and governors be of known integrity, and be chosen by the Parliaments of both kingdoms, or in the intervals of Parliaments, by the aforenamed Commissioners, to be approved or disallowed by both Parliaments at their next sitting. And that if they be male, they be married to such only as are of the true Protestant religion, if they be females, they may not be married but with the advice and consent of both Parliaments, or in the intervals of Parliament, of their Commissioners.

22. That your Majesty will give your royal assent to such ways and means as the Parliaments of both kingdoms shall think fitting for the uniting of the Protestant princes, and for the entire restitution and re-establishment of Charles Lodowick, Prince Elector Palatine, his heirs and successors, to his electoral dignity, rights and dominions, provided that this extend not to Prince Rupert or Prince Maurice, or the children of either of them, who have been the instruments of so much bloodshed and mischief against both kingdoms.

23. That by Act of Parliament the concluding of peace or war with foreign Princes and States, be with advice and consent of both Parliaments, or in the intervals of Parliaments, by their Commissioners.

24. That an Act of Oblivion be passed in the Parliaments of both kingdoms respectively, relative to the qualifications in the propositions aforesaid, concerning the joint Declaration of both kingdoms, with the exception of all murderers, thieves, and other offenders not having relation to the war.

25. That the members of both Houses of Parliament, or others, who have during this Parliament been put out of any place or office, pension or benefit, for adhering to the Parliament, may either be restored thereunto or otherwise have recompense for the same, upon the humble desire of both Houses of Parliament. The like for the kingdom of Scotland.

26. That the armies may be disbanded at such time and in such manner as shall be agreed upon by the Parliaments of both kingdoms, or such as shall be authorised by them to that effect.

27. That an Act be passed for the granting and confirming of the charters, customs, liberties and franchises of the City of London, notwithstanding any nonuser, misuser, or abuser. That the militia of the City of London may be in the ordering and government of the Lord Mayor, Aldermen, and Commons in Common Council assembled, or such as they shall from time to time appoint, whereof the Lord Mayor and Sheriffs for the time being to be there. And that the militia of the parishes without London, and the liberties within the weekly bills of mortality, may be under command of the Lord Mayor, Aldermen, and Commons in Common Council of the said City, to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament.

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.

That the citizens or forces of London shall not be drawn out of the City into any other parts of the kingdom without their own consent, and that the drawing of their forces into other parts of the kingdom in these distracted times may not be drawn into example for the future.

And for prevention of inconveniences, which may happen by the long intermission of Common Councils, it is desired that there be an Act that all Bye-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 of the same, shall 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.

^[1] See Journals of the House of Lords, vii. 82.

^[2] Articles 12 and 13 with the preamble of 14 are misplaced by Rushworth.

^[3] I.e. the treaty of 1641.

^[4] The figure in omitted in the Journals.

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