An ORDINANCE OF THE LORDS and COMMONS Assembled in PARLIAMENT FOR The present settling (without further delay) Of the Presbyterial Government In the Church of ENGLAND. Die Veneris 5. junii 1646. ORdered by the Lords Assembled in Parliament, That this Ordinance concerning Church-Government, be forthwith printed and published. Job. Brown Cler. Parliamentorum. LONDON, Printed for john Wright at the King's Head in the old Bayley. 1646. Die Veneris 5. Junii 1646. AN ORDINANCE OF THE LORDS and COMMONS Assembled in PARLIAMENT. THe Lords and Commons in Parliament, holding their former resolution, That all notorious and scandalous Offenders shallbe kept from the Sacrament, have thought fit to make a further addition to the scandalous Offences formerly enumerated, for which men shall be kept from the Sacrament; and lest the stay of the enumeration, and the not naming of Commssioners to judge of Cases not enumerated, should hinder the putting in execution the Presbyterian Government already established: They have thought fit, that in regard that divers persons fit to be Commissioners, according to the last Ordinance of 14 Martii 1645. by reason of the present Distractions, are absent from their habitations, and so cannot do the service therein, which otherwise they might do: They do therefore Ordain, that in stead and place of Commissioners in the said Ordinance, THomas Earl of Arundel and Surry, Algernon Earl of Northumberland, Henry Earl of Kent, john Earl of Rutland, Philip Earl of Pembroke and Montgomery, Robert Earl of Essex, Theophilus Earl of Lincoln, Charles Earl of Nottingham, james Earl of Suffolk, William Earl of Salisbury, john Earl of Bridgewater, Robert Earl of Warwick, Bazill Earl of Denbigh, james Earl of Middlesex, Oliver Earl of Bolingbroke, Edward Earl of Manchester, Edmond Earl of Mulgrave, Henry Earl of Stamford, William Lord Viscount Say and Seal, George Lord Berkley, Francis Lord Dacres, Philip Lord Wharton, Francis Lord Willoughby of Parham, Dudley Lord North, john Lord Hunsdon, Charles Lord Stanhopp, Edward Lord Mountagne, William Lord Grey of Work, john Lord robart's, William Lord Maynard, Edward Lord Howard of Eferich, Richard Lord Herbert Cherberry, Thomas Lord Bruce. Francis Rous, Edmond Prideaux Esquires, Sir Henry Vane Senior, john Glyn Esquire, Recorder of London; Sir Robert Harley, Bulstrode Whitlock Esquire, Humphrey Salloway Esquire, Master Serjeant Wild, Oliver St. john Esquire, his Majesty's Solicitor; Sir Benjamin Rudyard Knight, Master Tate, Sir john Clotworthy Knight, john Maynard Esquire, Sir Henry Vane junior Knight, William Pierrepont Esquire, William Wheeler Esquire, Sir William Masham, Walter Young, Sir john Evelyn Knight, john Selden Esquire, Samuel Browne Esquire, Sir William Strickland, Walter Long Esquire, Herbert Morley Esquire, George Snelling Esq Harbottle Grimston Esq john Boys Esq Richard Shuttleworth, Lord Fairfax, Sir John D'Anvers, John Crew Esq Sir Anthony Irby, Sir john Holland, Sir Philip Stapleton, Luke Robinson Esq Thomas Westrow Esq Denzell Hollis Esq Henry Lucas Esq Sir john Dreydon, Robert Reynolds Esq Sir Gilbert Gerrard, Nicholas Stoughton Esq Sir John Burgoyne, Sir Edward Aiscough, john Swynfen Esq Sir Henry Heyman, Edw. Leigh Esq Sir Thomas Wroth, Samuel Gott Esq Sir John Bamfield, William Ball Esq John Palmer Esq Laurence Whitacre Esq Sir Arthur Heslerigg, Sir Dudley North, Sir William Waller, Nathaniel Bacon Esq Richard Edward's Esq Luke Hodges' Esq Sir William Lewis, Francis Allen Esq Giles Greene Esq John Gourdon Esq Dennis Bond Esq Sir Peter Wentworth, Sir Samuel Luke, Edward Bainton Esq Richard Salloway junior, Simon Theloall Esq Oliver Cromwell Esq Isaac Pennington Esq Alderman of the City of London, John Venus Esq Doctor John Bond, Sir Richard Onslow, Sir William Armyn, William Aiscough Esquire, George Abbot Esquire, Cornelius Holland Esquire, john Blackiston Esquire, Lord Herbert, Sir Walter Earl, Henry Martin Esquire, Sir Thomas Dacres, Richard Browne Esquire, William Ellis Esquire, john Lisle Esquire, William Ashurst Esquire, Sir john Treavor, Sir Nathaniel Barnardiston, Thomas Lord Wenman, Sir Martin Lumley, Samuel vassal Esquire, Sir Matthew Boynton, Jervace Piggott Esquire, john Hutchinson Esquire, Thomas Hatcher Esquire, james Fiennes Esquire, Valentine Walton Esquire, john Stephens Esquire, Sir john Evelyn of Surry, Thomas Scott Esquire, Thomas Pury Esquire, Henry Perk Esquire, Thomas Hodges of Gloucestershire Esquire, William Leman Esquire, Richard Winwood Esquire, john Lowry Esquire, Sir Martin Lister, Sir Edmond fowel, Robert Wallop Esquire, Richard Whitehead Esquire, Nathaniel Hallows Esquire, Robert Brewster Esquire, Sir Edward Hungerford, Richard Norton Esquire, Sir Thomas Barnardiston, Sir Thomas Trenchard, Miles Corbet Esquire, Sir Henry Mildmay, Thomas Atkin Esquire, Alderman of the City of London, Lord Cranborne, Roger Hill Esquire, Sir John Barrington, John Trenchard Esquire, Sir John Corbet, Alexander Popham Esquire, Sir Samuel Roll, Sir john Coke, john Nut Esquire, Ralph Ashton Esquire, Richard Barwis Esquire, William Armyn Esquire, Kichard Tolson Esquire, Sir Henry Cholmely, Sir Thomas Widdrington, George Fenwick Esquire, Edmond Ludlow Esquire, Lillibon Long Esquire, Francis Drake Esquire, Sir Michael Livesay, Edward Stephens Esquire, Sir William Spring, james Herbert Esquire, Henry Laurence Esquire, john Roll Esquire, Sir john Francklyn, Thomas Sandys Esquire, Sir Thomas Maliverer, Sir William Litton, Nathaniel Fiennes Esquire, William Purefey Esquire: Or any nine of them shall be a Committee of Lords and Commons, to adjudge and determine scandalous offences not formerly enumerated, and the Elderships shall proceed in the Examinations of such scandalous offences according to the causions and restrictions mentioned in the Ordinance of the twentieth of October, 1645. And the said Committee shall have such power, and shall proceed in such sort as is hereafter mentioned. If any notorious and scandalous offence not formerly enumerated be committed by any within any Eldership, and so after full proof shall be found before the Eldership, who shall have power to examine Proofs and Witnesses on both sides, in case both the Eldership and the party complained of do agree, the Proofs and Examinations to be duly taken, the said Eldership shall forthwith certify the said Offence, with the Proofs, to the said Committee of Parliament, who shall with all convenient speed determine and adjudge the same; But in case the party accused shall find himself grieved, either by the not examination or undue examination of Witnesses, or mis-entring of the Depositions, in such case he shall forth with declare the same to the Eldership, who shall relieve him if there be cause, which if they shall not do, than the three Justices of Peace next to the Parish whereof the party complained of is a Member, or any two of them, not being of the same Eldership before whom the Complaint lies, shall have power, and are hereby enabled and required forthwith to examine upon Oath the said Witnesses that were not examined, or were mis-examined, or whose Depositions were mis-entred, and with all convenient speed return the Examination to the said Committee of Parliament: And in case the said Justices, or any two of them, do not finish their Examination, within six days after the Cause shall be presented to them, the Party shall abstain until they have finished and certified their Examinations; And the said Committee upon hearing the whole matter from the Eldership and Justices, or either of them, shall adjudge whether the same be a notorious and scandalous offence, and so proved or no. And in case the said Committee shall not adjudge and determine the Case within fourteen days after the receipt of the Certificate to them made, the party against whom the said Certificate shall be made, shall abstain from the Sacrament, until the Committee shall determine the same, unless in the mean time the party shall show his repentance for the said offence, and thereof give satisfaction to the Eldership; And if the said Committee shall adjudge the same not to be a scandalous Offence, or not well proved, the said party shall be admitted to the Sacrament; and if they shall adjudge the same to be a scandalous Offence, and so proved, he shall not be admitted to the Sacrament until he shall have testified his repentance to the Eldership. And be it further Ordained, That the Eldership shall either give personal notice to the Party complained of before them, or else leave notice in writing at his dwelling place, of the time and place when and where they will examine Witnesses against him, and also of the time that they will make their Certificate to the Committee of Parliament. And in case information shall be given to the Eldership of a notorious and scandalous offence committed by any within their Eldership, they shall forthwith proceed to the Examination thereof; And if they cannot finish their Examination till the week before the Sacrament, and they shall then find by sufficient proof that he hath committed a notorious and scandalous Offence, and yet they cannot certify the same before the Sacrament, it being to be administered within a week after, in such case the party shall abstain from the Sacrament for the next time only, unless the Committee of Parliament, to whom the same is to be certified, shall adjudge the same a notorious and scandalous offence, and so proved; for which he ought to be kept from the Sacrament: and in such case, upon the testifying of his repentance to the Eldership, he shall be again restored to the Sacrament, and not before. And be it further Ordained, If any shall find themselves aggrieved with the judgement against him given by the said Committee, they shall appeal from thence to both Houses of Parliament, if they see cause. And be it Ordained, That the Committee to whom the said Certificate shall be made, as aforesaid, shall report to both Houses the said several Cases to them certified, and their judgements thereupon, that so the Offences not yet enumerated may be added to the enumeration, in case the Houses shall so think sit, and in their Reports they shall take care that they first report those Certificates and their opinions thereupon, wherein they at any time shall differ from the Eldership. And be it further Ordained, That this Ordinance shall continue for the space of three years, and no longer, unless both Houses think fit to continue it. joh. Brown Cler. Parliamentorum. FINIS.