Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 7: 20 October 1645', in Journal of the House of Lords: Volume 7, 1644, (London, 1767-1830) pp. 649-652. British History Online https://www.british-history.ac.uk/lords-jrnl/vol7/pp649-652 [accessed 29 February 2024]
DIE Lunæ, 20 die Octobris.
PRAYERS, by Mr. Seaman.
Ds. Grey de Warke, Speaker.
Marquis of Winchester to be attached.
Ordered, That the Gentleman Usher attending this House shall bring the Marquis of Winchester to this House presently, to acknowledge his Offence committed against this House, he being taken in Arms at Basing House; and then this House will take into Consideration how to dispose of him further; and the Gentleman Usher to take him into Custody wheresoever he shall find him.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:
That they will send an Answer, by Messengers of their (fn. 1) own, to the Particulars of the last Message.
The Speaker acquainted this House with a Letter from the Lord Wharton; which was read, as follows:
Letter from L. Wharton in Scotland, that he expects to have a Meeting with the Scots Commissioners.
"May it please your Lordships,
"In Confidence of a Meeting at Barwicke, we returned from Newcastle and the Parts adjacent; but when we came thither, there wanted a Quorum of the Committee appointed by the Parliament of Scotland to treat with us; and therefore we took our Journey to St. Andrewes, where a full Meeting of all the Committees was appointed. We hope to make an Entry upon our Business with them this Day, and shall endeavour to dispatch it with all possible Speed.
"Your Lordship's humble Servant,
St. Andrewes, this 14th of Oct. 1645.
"For the Right Honourable the Lord Gray of Warke, Speaker of the House of Peers pro Tempore, at Westm."
Ordinance concerning Church Government.
The House was adjourned into a Committee during Pleasure, to debate and consider of the Ordinance brought up from the House of Commons, concerning Church Government, in suspending People from the Sacrament of the Lord's Supper.
The House was resumed; and Two Questions were written down in a Paper; videlicet,
"1. Whether the Ordinance brought from the House of Commons, touching suspending Members from the Sacrament of the Lord's Supper, shall this Day be put to the Question?
"2. Whether, before the putting of this Ordinance to the Question, the Assembly of Divines shall be heard?"
The Speaker read the First Vote; and it was put to the Question, "Whether this First Vote now read shall be first put to the Question?"
And it was Resolved in the Affirmative.
Then the First Question was put, and Resolved in the Affirmative.
Marquis of Winchester committed to The Tower.
This Day the Marquis of Winchester was brought to this Bar, as a Delinquent. And the Speaker, by the Direction of the House, told him, "That, for his High Offence, in deserting the Parliament, and for taking up Arms against the Parliament and Kingdom contrary to his Duty, this House for the present doth commit his Lordship to The Tower of London, there to be kept in safe Custody, during the Pleasure of this House."
Ordinance concerning Church Government.
Then the House was adjourned again into a Committee during Pleasure, to take into Consideration the Ordinance for suspending Persons from the Sacrament of the Lord's Supper.
The House was resumed.
And the said Ordinance was read the Third Time; and it was Resolved, upon the Question, That this House agrees in the Ordinance now read, as it came from the House of Commons. (Here enter it.)
Marquis of Winchester, a Servant to attend him.
Ordered, That the Marquis of Winchester shall have One of his Servants to attend him, in The Tower of London.
"Die Lunæ, 20 Octob. 1645.
(fn. 2) "An Ordinance of the Lords and Commons assembled in Parliament; together with Rules and Directions concerning Suspension from the Sacrament of the Lord's Supper, in Cases of Ignorance and Scandal; also the Names of such Ministers and others that are appointed Tryers and Judges of the Ability of Elders, in the Twelve Classis within the Province of London.
Ordinance concerning Church Government, and to exclude ignorant and scandalous Persons from the Sacrament.
"The Lords and Commons, considering the wonderful Providence of God, in calling them to this great and difficult Work, of reforming and purging His Church and People, His Guidance and manifest Protection of them in it, do acknowledge, that never any of His Servants, since the Foundation of the World, had more high and strong Engagements, heartily and sincerely to endeavor the compleat Establishment of Purity and Unity in the Church of God than they have: They do therefore require all Ministers and Elders, that they be careful to walk with Understanding in the House of God; that, by Example, Exhortations, and Admonitions, they endeavonr to build up the People of the Lord in Love; that, with Humility and Meekness of Spirit, they adorn their Holy Profession, and win Souls to the Love of the Truth; that they be diligent and faithful in the Work, as those that must give an Account: And where gross Ignorance or notorious Scandal shall appear, for the Remedy thereof, and to prevent the Evils that may come thereby, the Lords and Commons do Ordain, and it is hereby Ordained, That the several Elderships respectively, within their respective Bounds and Limits, have Power to suspend from the Sacrament of the Lord's Supper, all ignorant and scandalous Persons, within the Rules hereafter following, and according to the said Rules and Directions:
"Rules and Directions concerning Suspension from the Sacrament of the Lord's Supper, in Case of Ignorance.
"1. All such Persons who shall be admitted to the Sacrament of the Lord's Supper ought to know, that there is a God; that there is but One Ever-living and True God, Maker of Heaven and Earth, and Governor of all Things; that this only True God is the God whom we worship; that this God is but One, yet Three distinct Persons, the Father, Son, and Holy Ghost, all equally God.
"2. That God created Man after His own Image, in Knowledge, Righteousness, and true Holiness; that by One Man Sin entered into the World, and Death by Sin, and so Death passed upon all Men, for that all have sinned; that thereby they are all dead in Trespasses and Sins, and are by Nature the Children of Wrath, and so liable to Eternal Death, the Wages of every Sin.
3. That there is but One Mediator between God and Man, the Man Christ Jesus, who is also over all, God blessed for ever, neither is there Salvation in any other; that He was conceived by the Holy Ghost, and born of the Virgin Mary; that He died upon the Cross, to save His People from their Sins; that He rose again the Third Day from the Dead, ascended into Heaven, sits at the Right Hand of God, and makes continual Intercession for us, of whose Fulness we receive all Grace necessary to Salvation.
"4. That Christ and His Benefits are applied only by Faith; that Faith is the Gift of God; and that we have it not of ourselves, but it is wrought in us by the Word and Spirit of God.
"That Faith is that Grace, whereby we believe and trust in Christ for Remission of Sins and Life Everlasting, according to the Promise of the Gospel, That whosoever believes not on the Son of God shall not see Life, but shall perish eternally.
"That they who truly repent of their Sins, do see them, sorrow for them, and turn from them to the Lord; and that, except Men repent, they shall surely perish.
"That a godly Life is conscionably ordered, according to the Word of God, in Holiness and Righteousness, without which no Man shall see God.
"That the Sacraments are Seals of the Covenant of Grace in the Blood of Christ; that the Sacraments of the New Testament are Baptism and the Lord's Supper; that the outward Elements in the Lord's Supper are Bread and Wine, and do signify the Body and Blood of Christ crucified, which the worthy Receiver by Faith doth partake of in this Sacrament, which Christ hath likewise ordained for a Remembrance of His Death; that whosoever eats and drinks unworthily, is guilty of the Body and Blood of the Lord; and therefore that every One is to examine himself, lest he eat and drink Judgement to himself, not discerning the Lord's Body.
"That the Souls of the Faithful after Death do immediately live with Christ in Blessedness; and that the Souls of the Wicked do immediately go into Hell Torments.
"That there shall be a Resurrection of the Bodies both of the Just and Unjust, at the Last Day; at which Time all shall appear before the Judgement Seat of Christ, to receive according to what they have done in the Body, whether it be Good or Evil; and that the Righteous shall go into Life Eternal, and the Wicked into Everlasting Punishment.
"And it is further Ordained, by the Lords and Commons, That those who have a competent Measure of Understanding concerning the Matters contained in these Articles shall not be kept back from the Sacrament of the Lord's Supper for Ignorance; and that the Examination and Judgement of such Persons as shall, for their Ignorance of the aforesaid Points of Religion, not be admitted to the Sacrament of the Lord's Supper, is to be in the Power of the Eldership of every Congregation.
"Rules and Directions concerning Suspension from the Sacrament of the Lord's Supper, in Cases of Scandal.
"The several and respective Elderships shall have Power to suspend from the Sacrament of the Lord's Supper all scandalous Persons hereafter mentioned, appearing to be such upon just Proof thereof made, in such Manner as is by this present Ordinance hereafter appointed, and not otherwise, until it be otherwise declared, by both Houses of Parliament, how notoriously-scandalous Persons, other than such as are herein expressed, shall be kept from the Sacrament of the Lord's Supper; that is to say, all Persons that shall blasphemously speak or write any Thing of God, His Holy Word or Sacraments; an incestuous Person; an Adulterer; a Fornicator; a Drunkard; a prophane Swearer or Curser; one that hath taken away the Life of any Person maliciously; all Worshipers of Images, Crosses, Crucifixes, or Relics; all that shall make any Images of the Trinity, or of any Person thereof; all Religious Worshipers of Saints, Angels, or any meer Creature; any Person that shall profess himself not to be in Charity with his Neighbour; any Person that shall challenge any other Person, by Word, Message, or Writing, to fight, or that shall accept such Challenge, and agree thereto; any Person that shall knowingly carry any such Challenge, by Word, Message, or Writing; any Person that shall, upon the Lord's-day, use any Dancing, playing at Dice or Cards, or any other Game, Masking, Wake, Shooting, Bowling, playing at Foot-ball or Stool-ball, Wrestling; or that shall make or resort unto any Plays, Interludes, Fencing, Bull-baiting, or Bearbaiting; or that shall use Hawking, Hunting, or Coursing, Fishing, or Fowling; or that shall publicly expose any Wares to Sale, otherwise than as is provided by an Ordinance of Parliament of the 6 of April, 1644; any Person that shall travel upon the Lord's-day without reasonable Cause; any Person that keepeth a known Stews or Brothel-house, or that shall solicit the Chastity of any Person for himself or any other; any Person, Father or Mother, that shall consent to the Marriage of their Child to a Papist, or any Person that shall marry a Papist; any Person that shall repair for any Advice unto any Witch, Wizzard, or Fortune-teller; any Person that shall assault his Parents, or any Magistrate, Minister, or Elder, in the Execution of his Office; any Person that shall be legally attainted of Barretry, Forgery, Extortion, or Bribery: And the several and respective Elderships shall have Power likewise to suspend from the Sacrament of the Lord's Supper all Ministers that shall be duly proved to be guilty of any of the Crimes aforesaid, from giving or receiving the Sacrament of the Lord's Supper.
"And it is further Ordained, by the Lords and Commons, That the Eldership of every Congregation shall have Power to examine any Person complained of for any Matter of Scandal aforesaid; and, upon Confession of the Party before the Eldership to have committed such an Offence, to suspend any such Person from the Sacrament of the Lord's Supper. The Eldership of every Congregation shall examine upon Oath such Witnesses as shall be produced before them, either for the acquitting or condemning of the Party accused of any of the scandalous Crimes aforesaid, not Capital. The Eldership of every Congregation shall judge the Matter of Scandal aforesaid, being not Capital, upon the Testimony of Two credible Witnesses at the least. Satisfaction shall be given to the Eldership of every Congregation, by sufficient Manifestation of the Offender's Repentance, before a Person lawfully convicted of such Matters of Scandal as aforesaid, and thereupon suspended from the Sacrament of the Lord's Supper, be admitted thereunto. If any Person suspended from the Lord's Supper shall find himself grieved with the Proceedings before the Eldership of any Congregation, he shall have Liberty to appeal to the Classical Eldership, and from them to the Provincial Assembly, from thence to the National, and from thence to the Parliament.
"And be it further Ordained, by the Lords and Commons, That the several and respective Elderships, in their several respective Proceedings, shall observe these ensuing Cautions:
"Caution 1. That Cognizance and Examination of any Capital Offence shall be by the Magistrate thereunto appointed by the Law of the Kingdom, who if he shall commit the Party questioned to Prison, or secure him or her by Bail, he shall thereof make a Certificate unto the Eldership of the Congregation where he or she did last reside, or to any other neighbouring Eldership, who shall thereupon have Power to suspend the Party from the Sacrament of the Lord's Supper.
"2. The Presbytery, or Eldership, shall not have Cognizance of any Thing, wherein any Matter of Payment, Contract, or Demand, is concerned; or of any Matter of Conveyance, Title, Interest, or Property in Lands or Goods.
"3. No Use shall be made of any Confession or Proof made before the Eldership, at any Trial at Law of any Person for any Offence.
"And it is further Ordained, That the Members of both Houses that now are Members of the Assembly of Divines, or any Seven of them, be a Standing Committee of both Houses of Parliament, to consider of Causes of Suspension from the Sacrament of the Lord's Supper, not contained in this Ordinance; unto which Committee any Eldership shall present such Causes, to the End that the Parliament, if Need require, may hear and determine the same: That if any other notorious and scandalous Sins, besides those nominated in this Ordinance, which may be conceived to be a Cause to suspend from the Lord's Supper, shall be certified to any Classis, either from any Congregational Eldership, or otherwise, which the said Classis shall think fit to present to the Standing Committee of Parliament, that the said Classis shall present the same to the said Committee, to the End that the Parliament, if Need require, may hear and determine the same."
(fn. 3) "Die Veneris, 26 Sep. 1645.
Tryers for the Elders, in the Classis of the Province of London.
"A List of the Names of such Persons as shall be, and are hereby Ordained to be, Tryers and Judges of the Integrity and Ability of such as are to be chosen Elders, in the Twelve Classis within the Province of London, and of the Dueness of their Election, according to such Rules and Directions as have formerly passed both Houses in that Behalf.
"Resolved, by the Lords and Commons in Parliament assembled, That in all these Twelve Classes, that which shall be done by the major Part of the Tryers that be present (not being under the Number of Seven in each Classis) shall be esteemed as the Act of all the Tryers of that Classis.
"Resolved, &c. That all the Members of the House of Commons shall be Tryers within that Classis whereof the Parish wherein they live is a Part.
"Resolved, &c. That the Peers, and Assistants of the House of Peers, shall be Tryers within that Classis whereof the Parish wherein they live is a Part."
"Die Martis, 14 Octob. 1645.
Tryers of the Classis of the Elders of The Serjeants Inns.
"Ordered, by the Lords and Commons in Parliament assembled, That Doctor William Gouge, Andrew Perne, Minister of Dunston's West, Samuel Browne Esquire, Edmund Prideaux Esquire, William Ellys Esquire, William Prynne Esquire, shall be Tryers and Judges of such Persons as shall be chosen to be Elders for the Classis of the Two Sergeants Innes."
Die Lunæ, 20 October, 1645.
"Ordered, by the Lords assembled in Parliament, That the Ordinance, Rules, and Direction, concerning Suspension from the Lord's Supper, with the Names of the Ministers and others to try the Elders, be forthwith printed and published.
"Joh. Brown, Cler. Parliamentorum."