Basiliká the works of King Charles the martyr : with a collection of declarations, treaties, and other papers concerning the differences betwixt His said Majesty and his two houses of Parliament : with the history of his life : as also of his tryal and martyrdome.

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Title
Basiliká the works of King Charles the martyr : with a collection of declarations, treaties, and other papers concerning the differences betwixt His said Majesty and his two houses of Parliament : with the history of his life : as also of his tryal and martyrdome.
Author
Charles I, King of England, 1600-1649.
Publication
London :: Printed for Ric. Chiswell ...,
1687.
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Subject terms
Charles -- I, -- King of England, 1600-1649.
Great Britain -- History -- Civil War, 1642-1649.
Link to this Item
http://name.umdl.umich.edu/A31771.0001.001
Cite this Item
"Basiliká the works of King Charles the martyr : with a collection of declarations, treaties, and other papers concerning the differences betwixt His said Majesty and his two houses of Parliament : with the history of his life : as also of his tryal and martyrdome." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A31771.0001.001. University of Michigan Library Digital Collections. Accessed June 13, 2024.

Pages

The Bill for Abolishing Episcopacy.

[ III] VVHereas the Government of the Church of England by Arch-bishops, Bishops, their Chancellors and Commissaries, Deans, Deans and Chapters, Arch-deacons, and other Ecclesiastical Officers depending upon the Hierarchy, hath by long experience been found to be a great impediment to the perfect Reformation and growth of Religion, and very prejudicial to the Civil State and Government of the Kingdom; Be it therefore Enacted by the King's most Excellent Majesty, and the Lords and Commons in this present Parliament assembled, and by the Authority of the same, That from and after the fifth day of November, in the year of our Lord One Thousand Six Hundred Forty and Three, there shall be no Arch-bishop, Bishop, Chancellor, or Commissary of any Arch-Bishop or Bishop, nor any Dean, Sub-dean, Dean and Chapter, or Arch deacon, nor any Chancel∣lor, Chaunter, Treasurer, Sub-treasurer, Succentor, or Sacrist, of any Cathedral or Colle∣giate Church, nor any Prebendary, Canon, Canon-Residentiary, Petty-Canon, Vicar-Choral, Choristers, old Vicars or new Vicars, of or within any Cathedral or Collegiate Church, or any other their Officers, within this Church of England, or Dominion of Wales; and that from and afrer the said fifth day of November, the Name, Title, Dignity, Jurisdiction, Office and Function of Arch bishops, Bishops, their Chancellors and Commis∣saries, Deans, Sub-deans, Deans and Chapters, Arch-deacons, Canons and Prebendaries, and all Chaunters, Chancellors, Treasurers, Sub-treasurers, Succentors, and Sacrists, and all Vicars-Choral, and Choristers, old Vicars and new Vicars, and every of them, and likewise the having, using, or exercising of any Power, Jurisdiction, Office or Authority, by reason or colour of any such Name, Title, Dignity, Office or Function, within this Realm of England, or Dominion of Wales, shall thenceforth cease, determine, and be∣come absolutely void, and shall be abolished out of this Realm and the Dominion of Wales, any Usage, Law or Statute to the contrary in any wise notwithstanding. And that from and after the said fifth day of November, no Person or Persons whatsoever, by Virtue of any Letters-Patents, Commission, or other Authority derived from the King's Majesty, His Heirs or Successors, shall use or exercise any Jurisdiction Ecclesiastical within this Realm, or Dominion of Wales, but such, and in such manner as shall be appointed and established by Act of Parliament. And that all Counties Palatine, Mannors, Lordships, Castles, Granges, Messuages, Mills, Lands, Tenements, Meadows, Leasues, Pastures, Woods, Rents, Reversions, Services, Parks, Annuities, Franchises, Liberties, Priviledges, Immunities, Rights, Rights of Action and of Entry, Interests, Titles of Entry, Conditi∣ons, Commons, Courts-Leet and Courts-Baron, and all other Possessions and Heredita∣ments whatsoever, of what nature or quality soever they be, or wheresoever they lie or be, (other than Impropriations, Parsonages appropriate, Tithes, Oblations, Obventions, Pensi∣ons, Portions of Tithes, Parsonages, Vicarages, Churches, Chappels, Advowsons, Nomina∣tions, Collations, Rights of Patronage and Presentation,) which now are, or lately were, of or belonging unto any Arch-bishop, Bishop, Arch-bishoprick or Bishoprick, or any of them, or which they or any of them held or injoyed in right of their said Arch-bishoprick or Bishoprick respectively, shall by the Authority of Parliament be vested, adjudged and deemed to be, and shall be in the very real and actual possession and seisin of the King's Majesty, His Heirs and Successors; and He shall have, hold, possess and enjoy the same, to Him, His Heirs and Successors, without any Entry or other Act whatsoever: and that the King's Majesty, His Heirs and Successors, His and their Lessees, Farmers and Tenants, shall hold and enjoy the same discharged and acquitted of payment of Tithes, as freely, and in as large, ample and beneficial* 1.1 means to all intents and purposes, as any Arch-bishop or Bi∣shop at any time or times within the space of two years last past held or enjoyed, or of right ought to have held or enjoyed the same. Provided nevertheless, and be it enacted by the Authority aforesaid, That all Leases, Grants, Gifts, Letters-Patents, Conveyances, Assu∣rances, or Estates whatsoever, hereafter to be made by the King's Majesty, His Heirs or Suc∣cessors, of any the Mannors, Lands, Tenements, Hereditaments, which in or by this Act shall come, or be limited, or disposed of unto His Majesty, His Heirs or Successors,

Page 516

(other than for the Term of One and Twenty years, or Three Lives, or some other Term of years determinable upon One, Two, or Three Lives, and not above, from the time as any such Lease or Grant shall be made or granted, whereupon the accustomed yearly Rent or more shall be reserved and payable yearly during the said Term) and whereof any former Lease is in being, not to be expired, surrendred or ended within three years after the making of any such new Lease, shall be utterly void and of none effect, to all intents, constructions and purposes, any clause or words of (non obstante) to be put in any such Patent, Grant, Conveyance or Assurance, and any Law, Usage, Cu∣stom, or any thing in this Act to the contrary in any wise notwithstanding. And be it further Enacted and Ordained, That all Impropriations, Parsonages appropriate, Tithes, Oblations, Obventions, Portions of Tithes, Parsonages, Vicarages, Churches, Chappels, Advowsons, Nominations, Collations, Rights of Patronage and Presentation, which now are, or lately were belonging unto any Arch-bishop or Bishop, Arch-bishoprick or Bi∣shoprick, and all Mannors, Castles, Lordships, Granges, Messuages, Mills, Lands, Te∣nements, Meadows, Pastures, Woods, Rents, Reversions, Services, Parsonages appro∣priate, Tithes, Oblations, Obventions, Pensions, Portions of Tithes, Parsonages, Vica∣rages, Churches, Chappels, Advowsons, Nominations, Rights of Patronage and Presen∣tation, Parks, Annuities, Franchises, Liberties, Priviledges, Immunities, Rights, Rights of Action and of Entry, Interests, Titles of Entry, Conditions, Commons, Courts-Leet and Courts-Baron, and all other Possessions and Hereditaments whatsoever, of what na∣ture or quality soever they be, or wheresoever they lie or be, which now are, or late∣ly were, of or belonging to any Sub-dean, Dean, Dean and Chapter, Arch-deacon, Chaunter, Chancellor, Treasurer, Sub-treasurer, Succentor, Sacrist, Prebendary, Canon, Canon-Residentiary, Petty-Canon, Vicars Choral, Choristers, old Vicars and new Vi∣cars, or any of them, or any of the Officers of them, or any of them which they held or enjoyed in right of their said Dignities, Churches, Corporations, Offices or Places re∣spectively, shall by Authority of this present Parliament be vested, adjudged and deem∣ed to be, and shall be in the very real and actual possession and seisin of Sir VVilliam Ro∣berts Knight, Thomas Atkins, Sir John VVollaston, John VVarner, John Towes, Aldermen of the City of London, John Packer Esquire, Peter Malbourne Esquire; and they shall have, hold, possess and enjoy the same to them, their Heirs and Assigns, without any Entry or other Act whatsoever, and that for themselves, their Lessees, Farmers and Tenants, discharged and acquitted of payment of Tithes, as freely, and in as large, am∣ple and beneficial manner, to all intents and purposes, as any of the Persons or Corpo∣rations, whose Offices or Places are taken away by this Act, at any time or times with∣in the space of two years now last past held or enjoyed, or of right ought to have held or enjoyed the same. In trust and confidence nevertheless, and to the intent and purpose that they, the said Sir VVilliam Roberts Knight, Thomas Atkins, Sir John VVollaston, John VVarner, John Towes, Aldermen of the City of London, John Packer Esquire, Peter Malbourne Esquire, and the Survivors and Survivor of them, his and their Heirs and Assigns, shall satisfie and pay unto all and every Arch-bishop, Bishop, Dean, Sub-dean, Arch-deacon, Chaunter, Chancellor, Treasurer, Sub-treasurer, Succentor, Sacrist, Pre∣bendary, Canon, Canon-Residentiary, Petty-Canon, Vicars Choral, Choristers, old Vi∣cars and new Vicars, and other Officers and persons belonging unto, or now imployed in or about the said Cathedral or Collegiate Churches, such yearly Stipends and Pensions, for so long time and in such manner, as by the Lords and Commons in Parliament assembled shall be ordered, directed and appointed; and shall dispose of all and singular the afore∣said Mannors, Lands, Tithes, Appropriations, Advowsons, Tenements, Hereditaments, and other the Premisses, and of every part and parcel thereof, and of the Revenues, Rents, Issues and Profits thereof, to the uses, intents, and purposes above and hereafter expressed, (that is to say) for a competent maintenance for the support of such a number of Preaching Ministers for the service of every Cathedral and Collegiate Church, and His Majesties free Chappel of Windsor, as by the Lords and Commons shall be ordered and appointed, and likewise for the maintenance of Preaching Ministers throughout the Kingdom of England, Dominion of VVales, and Town of Barwick, in such places where such maintenance is wanting, and for a proportionable allowance for and towards the reparation of the said Cathedral and Collegiate Churches, in such manner and form, and to such persons, and for such other good uses, to the advancement of true Religion and the maintenance of Piety and Learning, as by this or any other Act or Acts of Parliament now or hereafter to be made shall be set down or declared. And be it fur∣ther Enacted by the Authority aforesaid, That all Leases, Gifts, Grants, Conveyances, Assurances and Estates whatsoever hereafter to be made by the said Sir VVilliam Roberts,

Page 517

Knight, Thomas Atkins, Sir John VVollaston, John VVarner, John Towes, Aldermen of the City of London, John Packer Esquire, Peter Mabourne Esquire, the Survivors and Survivor of them, or the greater part of them, his and their Heirs and Assigns, of any the Mannors, Lands, Tenements or Hereditaments which in or by this Act shall come, or be limited, or disposed of unto the said Sir VVilliam Roberts Knight, Thomas Atkins, Sir John VVollaston, John VVarner, John Towes, Aldermen of the City of London, John Pac∣ker Esquire, Peter Malbourne Esquire, (other than for the Term of One and Twenty years, or Three Lives, or some other Term of years determinable upon One, Two or Three Lives, and not above, from the time as any such Lease or Grant shall be made or granted, whereupon the accustomed yearly Rent or more shall be reserved and payable yearly during the said Term) whereof any former Lease is in being, and not to be expi∣red, surrendred or ended within Three years after the making of such Lease, shall be ut∣terly void and of none effect, to all intents, constructions and purposes, any thing in this Act to the contrary in any wise notwithstanding. Provided nevertheless, where no Lease hath been heretofore made, nor any such Rent hath been reserved or payable of any the Lands, Tenements or Hereditaments, in this Act limited, or disposed of unto the said Sir VVilli∣am Roberts Knight, Thomas Atkins, Sir John VVollaston, John VVarner, John Towes, Al∣dermen of the City of London, John Packer Esquire, Peter Malbourne Esquire, that in such case it shall be lawful for the said Sir William Roberts Knight, Thomas Atkins, Sir John Wollaston, John Warner, John Towes, Aldermen of the City of London, John Packer Es∣quire, Peter Malbourne Esquire, the Survivors and Survivor of them, or the greater part of them, his and their Heirs, to make any Lease or Estate for the Term of One and Twenty years, or Three Lives, or some other Term of years determinable upon One, Two, or Three Lives, and not above, taking such Fine as they in their Judgments shall con∣ceive indifferent, and reserving a reasonable Rent, not being under the Third part of the clear yearly value of the Lands, Tenements or Hereditaments contained in such Lease. And it is further Declared to be the true intent and meaning of this Act, That all and every the Lessees, Farmers and Tenants of all and every the said Persons and Corpora∣tions, whose Offices or Places are taken away by this Statute, now having, holding, or en∣joying any Estate, Term or Interest, in possession by himself, his under-Tenants or As∣signs, of or in any Mannors, Lands, Tenements, Appropriations, or other Hereditaments whatsoever, shall and may be preferred in the taking and renewing of any Estates, Leases or Grants of any such Mannors, Lands, Tenements or Hereditaments, before any other Person, the said Lessees, Farmers or Tenants, or other Parties interessed as aforesaid, desi∣ring the same, and giving such Fines, Rents and other considerations for the same as by the said Sir VVilliam Roberts Knight, Thomas Atkins, Sir John VVollaston, John VVarner, John Towes, Aldermen of the City of London, John Packer, Peter Malbourne Esquires, or the Survivors or Survivor of them, or the major part of them, his or their Heirs or Assigns, shall be thought and held just and reasonable. Provided also, and be it enacted by the Authority aforesaid, That all and singular Revenues, Rents, Issues, Fees, Profits, Sums of Money and Allowances whatsoever, as have heretofore been and now ought to be paid, disposed, or allowed unto, or for the maintenance of any Grammar-School or Scholars, or for or towards the Reparation of any Church, Chappel, High-way, Causey, Bridge, School∣house, Alms-house, or other charitable use, payable by any the Corporations or Persons whose Offices or Places are taken away by this Act, or which are chargeable upon, or ought to issue out of, or be paid for or in respect of the said Premisses, or any of them, shall be and continue to be paid, disposed and allowed, as they were and have been heretofore, any thing in this present Act to the contrary thereof notwithstanding. And to the in∣tent and purpose the Parliament may be certainly and clearly informed of the Premisses, to the end the same may be distributed, applied and imployed to and for such pious and godly uses and purposes as is intended and herein declared. Be it Ordained and Enacted, That the Lord Keeper of the Great Seal of England for the time being, shall, by virtue of this Act, have full Power and Authority, and is hereby required, to award and issue forth several Commissions under the Great Seal of England into all and every the Coun∣ties and Cities within the Kingdom of England and Dominion of VVales, to be directed unto such and so many persons as by the Lords and Commons in this present Parliament assembled, shall be nominated, assigned and appointed, thereby authorizing and re∣quiring them, or any five or more of them, and giving them full Power and Au∣thority by the Oaths of good and lawful men, as by all other good and lawful ways and means, to enquire and find out what Mannors, Castles, Lordships, Granges, Mes∣suages, Lands, Tenements, Meadows, Leasues, Pastures, Woods, Rents, Reversions, Services, Parsonages appropriate, Tithes, Oblations, Obventions, Pensions, Portions

Page 518

of Tithes, Vicarages, Churches, Chappels, Advowsons, Nominations, Presentations, Rights of Patronage, Parks, Annuities, and other Possessions and Hereditaments what∣soever, of what nature or quality soever they be, lying and being within every such County or City, not hereby limited, or disposed of unto His Majesty, do belong or appertain unto all, every, or any such Arch-bishop, Bishop, Dean, Sub-dean, Dean and Chapter, Arch-deacon, Chaunter, Chancellor, Treasurer, Sub-Treasurer, Succentor, Sacrist, Prebendary, Canon, Canon Residentiary, Petty-Canon, Vicar-Choral, Chori∣ster, old Vicar or new Vicar, in right of their said Dignities, Churches, Corporations, Offices or Places respectively, and what and how much of the same is in possession, and the true yearly Value thereof, and what and how much thereof is out in Lease, and for what Estate, and when and how determinable, and what Rents, Services and other Duties are reserved and payable during such Estate, and also the true yearly Va∣lue of the same as they are now worth in possession, as also what Rents, Pensions, or other Charges, or other Sums of Money are issuing, due or payable out of any the Man∣nors, Lands or Premisses, and to make an exact and particular Survey thereof, and to take and direct, and settle such course for the safe custody and keeping of all Charters, Evi∣dences, Court-Rolls and Writings whatsoever belonging unto all or any the Persons, Dig∣nities, Churches, Corporations, Offices and Places, or concerning any the Mannors, Lands, Tenements, Hereditaments, or other Premisses before mentioned, as in their dis∣cretion shall be thought meet and convenient; and of all and singular their doings and proceedings herein, fairly written, and ingross'd in Parchment, to make Return and Certificate into the Court of Chancery. And to this further intent and purpose, that speedy care and course may be taken for providing of a competent maintenance for sup∣ply and encouragement of Preaching Ministers in the several Parishes within the Kingdom of England and Dominion of VVales. Be it likewise Ordained and Enacted, That the same Commissioners and Persons, authorized as above-said, shall have full Power and Authority by the Oaths of good and lawful men, as by all other good ways and lawful means, to enquire and find out the true yearly Value of all Parsonages and Vicarages pre∣sentative, and all other Spiritual and Ecclesiastical Benefices and Livings unto which any Cure of Souls is annexed, lying and being within such Counties and Cities, and of all such particularly to enquire and certifie into the Court of Chancery what each of them are truly and really worth by the year, and who are the present Incumbents or Possessors of them, and what and how many Chappels belonging unto Parish-Churches are within the limits of such Counties and Cities within which they are directed and authorized to enquire, and how the several Churches and Chappels are supplied by Preaching Ministers, that so course may be taken for providing both for Preaching and of maintenance, where the same shall be found to be needful and necessary. Provided always that this Act, or any thing therein contained, shall not extend to any Colledge, Church, Corporation, Foundation, or House of Learning in either of the Vniversities within this Kingdom. And the said Sir VVilliam Roberts, Thomas At∣kins, Sir John VVollaston, John VVarner, John Towes, Aldermen of the City of London, John Packer, and Peter Malbourne, Esquires, and the Survivors and Survivor of them, or the greater part of them, his and their Heirs and Assigns, are hereby directed and authorized to give and allow unto such Officers as by them shall be thought fitting and necessary for keeping of Courts, collecting of Rents, Surveying of Lands, and all other necessary imployments in and about the Premisses, and unto the Commissioners authori∣zed by this Act, and such others as shall be necessarily imployed by them, all such rea∣sonable Fees, Stipends, Salaries and Sums of Money as in their discretion shall be thought just and convenient. And the said Sir VVilliam Roberts, Knight, Thomas Atkins, Sir John VVollaston, John VVarner, John Towes, Aldermen of the City of London, John Packer and Peter Malbourne, Esquires, the Survivors and Survivor of them, his and their Heirs and Assigns, of their several Receipts, Imployments, Actions and Proceedings shall give an accompt, and be accomptable unto the Lords and Commons in Parliament, or such Person or Persons as from time to time by both Houses of Parliament shall be nominated and appointed in such manner, and with such Power, Priviledge and Jurisdiction, to hear and determine all matters concerning such Accompts, as by both Houses of Parlia∣ment shall from time to time be thought necessary to be given them, and not elsewhere, nor otherwise: Saving to all and every Person and Persons, Bodies Politick and Cor∣porate, their Heirs and Successors, and the Heirs and Successors of them and every of them, (other than such Person or Persons, Bodies Politick and Corporate, whose Offices, Functions and Authorities are taken away and abolished by this Act, as to any Estate, Right, Title or Interest which they or any of them claim to have or

Page 519

hold in right of their said Churches, Dignities, Functions, Offices or Places, and other then the Kings Majesty, His Heirs and Successors, as Patrons, Founders or Donors; and all and every other Person and Persons, Bodies Politick and Corporate, as may claim any thing as Patrons, Founders or Donors) all such Right, Title, Interest, Possession, Rents, Charge-Rent, Service, Annuities, Offices, Pensions, Portions, Commons, Fees, Profits, Claims and Demands, either in Law or Equity, whatsoever; and all and singular such Lea∣ses for Years, Life or Lives, as were before the twentieth day of January, in the year of our Lord One thousand six hundred forty two, made unto them or any of them by any the Persons or Corporations above named, acccording to the Laws and Statutes of this Realm, and warranted by the same, and all such Leases and Estates as having been here∣tofore made, have been established or settled by any Judgement or Decree in any of the Courts at Westminster, and have been accordingly enjoyed, and all Duties and Profits whatsoever which they or any of them have or may claim, or of right ought to have of, in, to, or out of any the said Mannors, Lands or Premisses whatsoever, or any part or parcel thereof, in such sort, manner, form and condition, to all intents, constructions and purpo∣ses, as if this Act had never been made.

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