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 ſhalbe kept from the Sacrament, have thought fit to make a further addition to the ſcandalous Offences formerly enumerated, for which men ſhall bee kept2 from the Sacrament; and leaſt 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 doe the ſervice therein, which otherwiſe they might doe: They doe therefore Ordaine, that in ſtead and place of Commiſſioners in the ſaid Ordinance,
THomas Earle of Arundell and Surry, Algernon Earle of Northumberland, Henry Earle of Kent, Iohn Earle of Rutland, Philip Earle of Pembroke and Montgomery, Robert Earle of Eſſex, Theophilus Earle of Lincolne, Charles Earle of Nottingham, Iames Earle of Suffolke, William Earle of Salisbury, Iohn Earle of Bridgewater, Robert Earle of Warwicke, Bazall Earle of Denbigh, Iames Earle of Middleſex, Oliver Earle of Bollingbrooke, Edward Earle of Mancheſter, Edmond Earle of Mulgrave, Henry Earle of Stamford, William Lord Viſcount Say and Seale, George Lord Berkley, Francis Lord Dacres, Philip Lord Wharton, Francis Lord Willoughby of Parham, Dudley Lord North, Iohn Lord Hunſdon, Charles Lord Stanhopp, Edward Lord M•untague, William Lord Grey of Warke, Iohn Lord Rob•rts, William Lord Maynard, Edward Lord Howard of3 Eſcrieh, Richard Lord Herbert Cherberry, Thomas Lord Bruce.
Francis Rous, Edmond Prideaux Eſquires, Sir Henry Vane Senior, Iohn Glyn Eſquire, Recorder of London; Sir Robert Harley, Bulſtrode Whitlock Eſquire, Humphrey Salloway Eſquire, Maſter Serjeant Wilde, Oliver St. Iohn Eſquire, his Majeſties Sollicitor; Sir Benjamin Rudyard Knight, Maſter Tate, Sir Iohn Clotworthy Knight, Iohn Maynard Eſquire, Sir Henry Vane junior Knight, William Pierrepont Eſquire, William Wheeler Eſquire, Sir William Maſham, Walter Young, Sir Iohn Evelyn Knight, Iohn Selden Eſquire, Samuel Browne Eſquire, Sir William Strickland, Walter Long Eſquire, Herbert Morley Eſquire, George Snelling Eſq Harbottle Grimſton Eſq Iohn Boys Eſq Richard Shuttleworth, Lord Fairfax, Sir John D'Anvers, John Crew Eſq Sir Anthony Irby, Sir Iohn Holland, Sir Philip Stapleton, Luke Robinſon Eſq Thomas Weſtrow Eſq Denzell Hollis Eſq Henry Lucas Eſq Sir Iohn 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, Iohn 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 Arther Heſlerigg, 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 Cromwell 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 Abbot4 Eſquire, Cornelius Holland Eſquire, Iohn Blackiſton Eſquire, Lord Herbert, Sir Walter Erle, Henry Martin Eſquire, Sir Thomas Dacres, Richard Browne Eſquire, William Ellis Eſquire, Iohn Liſle Eſquire, William Aſhurſt Eſquire, Sir Iohn Treavor, Sir Nathaniel Barnardiſton, Thomas Lord VVenman, Sir Martin Lumley, Samuel Vaſſall Eſquire, Sir Matthew Boynton, Jervace Piggott Eſquire, Iohn Hutchinſon Eſquire, Thomas Hatcher Eſquire, Iames Fiennes Eſquire, Valentine Walton Eſquire, Iohn Stephens Eſquire, Sir Iohn Evelyn of Surry, Thomas Scott Eſquire, Thomas Pury Eſquire, Henry Peck Eſquire, Thomas Hodges of Glouceſterſhire Eſquire, William Leman Eſquire, Richard Winwood Eſquire, Iohn Lowry Eſquire, Sir Martin Liſter, Sir Edmond Fowell, Robert Wallop Eſquire, Richard Whitehead Eſquire, Nathaniell 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 Iohn Coke, Iohn 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 Michaell Liveſay, Edward Stephens Eſquire, Sir VVilliam Spring, Iames Herbert Eſquire, Henry Laurence Eſquire, Iohn Roll Eſquire, Sir Iohn Francklyn, Thomas Sandys Eſquire, Sir Thomas Maliverer, Sir VVilliam Litton, Nathaniell Fiennes Eſquire, VVilliam Purefey Eſquire:
Or any nine of them ſhall be a Committee of5 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 proofe 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 certifie 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 finde himſelfe grieved, either by the not examination or undue examination of Witneſſes, or miſ-entring of the Depoſitions,6 in ſuch caſe he ſhall forthwith declare the ſame to the Elderſhip, who ſhall relieve him if there be cauſe, which if they ſhall not do, then 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 lyes, ſhall have power, and are hereby inabled and required forthwith to examine upon Oath the ſaid Witneſſes that were not examined, or were miſ-examined, or whoſe Depoſitions were miſentred, and with all convenient ſpeed retume 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 daies after the Cauſe ſhall be preſented to them, the Party ſhall abſtaine untill 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 Caſe7 within fourteen daies after the receipt of the Certificate to them made, the party againſt whom the ſaid Certificate ſhall be made, ſhall abſtaine from the Sacrament, untill the Committee ſhall determine the ſame, unleſſe in the meane time the party ſhall ſhew 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 untill he ſhall have teſtified his repentance to the Elderſhip.
And be it further Ordained, That the Elderſhip ſhall either give perſonall 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 notorious8 and ſcandalous offence committed by any within their Elderſhip, they ſhall forthwith proceed to the Examinat on thereof; And if they cannot finiſh their Examination till the week before the Sacrament, and they ſhall then finde by ſufficient proof that he hath committed a notorious and ſcandalous Offence, and yet they cannot certifie the ſame before the Sacrament, it being to be adminiſtred within a week after, in ſuch caſe the party ſhall abſtaine from the Sacrament for the next time onely, unleſſe 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 againe reſtored to the Sacrament, and not before.
And be it further Ordained, If any ſhall finde themſelves agrieved with the judgement againſt him given by the ſaid Committee, they ſhall appeale from thence to both Houſes of Parliament, if they ſee cauſe.
And be it Ordained, That the Committee9 to whom the ſaid Certificate ſhall be made, as aforeſaid, ſhall report to both Houſes the ſaid ſeverall 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 yeers, and no longer, unleſſe both Houſes think fit to continue it.