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. Joh. 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 shall be 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 Commissioners 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 Warwieke, 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 Vifcount 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 Montague, William Lord Grey of Warke, John Lord Roberts, William Lord Maynard, Edward Lord Howard of Escrich, Richard Lord Herbert Cherberry, Thomas Lord Bruce. Francis Rous, Edmund Prideaux Esquires, Sir Henry Vane Senior, John Glyn Esquire, Recorder of London; Sir Robert Harley, Bulstrode Whitlock Esquire, Humphrey Salloway Esquire, Master sergeant 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 Thomas Middleton, Robert Jennor Esq Henry Oxenden Esq Sir Gilbert Gerrard, Nicholas Stoughton Esq Sir John Burgoyne, Sir Edward Aiscough, John Swynfen Esq Sir Henry Heyman, Edw. Leigh Esq Sir Thomas wrath, Samuel Gott Esq Sir John Bamfield, William Ball Esq John Palmer Esq Laurence Whitacre Esq Sir Arther Haslerig, Sir Dudley North, Sir William Waller, Nathaniel Bacon Esq Richard Edwards 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 Gromwell Esq Isaac Pennington Esq Alderman of the City of London, John Ven Esq Doctor John Bond, Sir Richard Onslow, Sir William Armyn, William Aiscough Esquire, George Abbot Esquire, Cornelius Holland Esquire, John Blackinsten Esquire, Lord Herbert, Sir Walter earl, Henry Martin Esquire, Sir Thomas Dacres, Richard Brown Esquire, William E●lis 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 Piggot Esquire, John Hutchinson Esquire, Thomas Hatcher Esquire, James Fiennes Esquire, Valentine Walton Esquire, John Stephens Esquire, John Evelyn of Surry, Thomas Scott Esquires, Thomas Pury Esquire, Henry Peck 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 Barnadiston, 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 Barington, 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, Richard Tolson Esquire, Sir Henry Cholmly, Sir Thomas Widdrington, George Fenwick Esquire, Edmond Ludlow Esquire, Lillibon Long Esquire, Franois 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 Purefoy 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 menrioned. 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 misentering 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 misexamined, or whose Depositions were misentered, 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 forth with 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 fit, 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. 22 April, 1647. Remedies for removing some Obstructions in Church-Government. Resolved, &c. 1. THat Letters from the Speakers of both Houses be sent into all Counties (from whence no return hath been certified) That their respective Counties be divided into distinct Classes, and the same certified forthwith, with the Names of Ministers and others fit to be of each Classis, according to the Ordinance. 2 That such returns from any of the Counties as are already made, or shall hereafter be made, be referred to be considered of by the Committee of Lords and Commons for judging of scandal, and that so soon as such returns shall be made, the Speakers of both Houses do send the said returns to the said Committee accordingly; and that such being by them considered of and allowed, shall have power to act according to Ordinance of Parliament. 3 That the several Classes constituted by Parliament, in the several Counties within the Limits of the said respective Classes, where no congregational Presbyteries are already settled, shall have from time to time power to nominate such Ministers and others as are qualified according to the Ordinance, to join with them in the same, to be approved by the Committee of Lords and Commons appointed to judge of scandal, until such time as congregational Presbyteries shall be settled within the said respective precincts: And when the said congregational Presbyteries shall be settled within the said Limits, That then the said congregational Presbyteries shall act according to the power and directions of the Ordinance in that behalf; And that such power shall be executed, not only in cases of death, or other departure of any Minister or Elder from the place of their wonted dwelling, but also in case of increase of Ministers and congregational Elderships in their several precincts. 4 That at any such time as seven congregational Elderships, or more, shall be constituted in any classical precinct in any of the Counties, by the respective Classes established by Parliament, the same shall by them be signified to the several congregational Elderships so established; and the said congregational Elderships shall forthwith proceed to depute such of their Elders as are most fit, who together with their Ministers (according to the Ordinance of Parliament) shall meet as a Classis, and shall be, to all intents and purposes, thenceforth the Classis of that precinct, and execute all power belonging to such or any former Classis; and the Classis formerly constituted by Parliament, shall cease as to that precinct. 5 That the Elders of the Classis of the Province of London, shall hold their provincial Assembly in the Convocation-house at Paul's Church in London, upon the first Monday in May next ensuing, and may adjourn their meeting de die in diem, and conclude their meeting with Adjournment unto the next opportunity, according to the Ordinance of Parliament: And that no Act shall pass or be valid in the said Province of London, but what shall be done by the number of Six and thirty present, or the major part of them, whereof Twelve to be Ministers, and Four and twenty to be Ruling-Elders; and that the first meeting of the provincial Assemblies in the several Counties, be appointed by the Committee of Lords and Commons aforesaid, and may adjourn as aforesaid; who are to appoint the number of which each Province shall consist, and the Quorum that shall act in each Province. 6 That in the classical meeting of all Classes, that which shall be done by the major part present, shall be esteemed as the act of the whole classical number; and the same to hold in the City of London in their meeting of Triers, and in all their classical meetings, and in the several Counties; and that no act done by any Classis shall be valid and good, unless it be done by the number of fifteen present, or the major part of them, whereof five to be Ministers, and ten to be Ruling Elders. Joh. Brown Cler. Parliamentorum. FINIS.