though my Sins are so many and grievous that I may rather expect the effects of thy Anger than so great a deliverance as to free Me from my present great Danger yet O Lord since thy Mercies are over all thy Works and Thou never failest to relieve all those who with humble and unfeigned Repentance come to Thee for succour it were to multiply not diminish my Transgressions to despair of thy heavenly favour wherefore I humbly desire thy Divine Majesty that Thou wilt not only pardon all my Sins but also free Me out of the hands and protect Me from the Malice of my cruel Enemies But if thy wrath against my hainous offences will not otherwise be satisfied than by suffering Me to fall under my present Afflictions thy Will be done yet with humble importunity I do and shall never leave to implore the assistance of thy Heavenly Spirit that My Cause as I am Thy Vicegerent may not suffer through My weakness or want of Courage O Lord so strengthen and enlighten all the Faculties of my Mind that with clearness I may shew forth thy Truth and manfully endure this bloody Trial that so my Sufferings here may not only glorifie Thee but likewise be a furtherance to My Salvation hereafter Grant this O merciful Father for His sake who suffered for Me even Jesus Christ the Righteous Amen KING CHARLES HIS MESSAGES FOR PEACE I. From CANTERBURY Jan. 20. MDCXLI II. For the Composing of all Differences HIS Majesty perceiving the manifold distractions which are now in this Kingdom which cannot but bring great inconveniencies and mischief to this whole Government in which as His Majesty is most chiefly interessed so He holds Himself by many reasons most obliged to do what in Him lies for the preventing thereof though He might justly expect as most proper for the duty of Subjects that Propositions for the remedies of these evils ought rather to come to Him than from Him yet His Fatherly care of all His People being such that He will rather lay by any particular respect of His Own Dignity than that any time should be lost for prevention of these threatning evils which cannot admit the delays of the ordinary proceedings in Parliament doth think fit to make this ensuing Proposition to both Houses of Parliament that they will with all speed fall into a serious consideration of all those particulars which they shall hold necessary as well for the upholding and maintaining of His Majesty's Just and Regal Authority and for the setling of His Revenue as for the present and future establishment of their Priviledges the free and quiet enjoying of their Estates and Fortunes the Liberties of their Persons the security of the true Religion now professed in the Church of England and the setling of Ceremonies in such a manner as may take away all just offence Which when they shall have digested and composed into one intire body that so His Majesty and themselves may be able to make the more clear Judgment of them it shall then appear by what His Majesty shall do how far he hath been from intending or designing any of those things which the too great Fears and Jealousies of some persons seem to apprehend and how ready He will be to equal and exceed the greatest examples of the most indulgent Princes in their Acts of Grace and Favour to their People So that if all the present Distractions which so apparently threaten the Ruine of this Kingdom do not by the blessing of Almighty God end in an happy and blessed Accommodation His Majesty will then be ready to call Heaven and Earth God and Man to witness that it hath not failed on His part From HUNTINGDON March 15. Upon His Removal to YORK In pursuance of the Former HIS Majesty being now on His remove to His City of York where He intends to make His Residence for some time thinks fit to send this Message to both Houses of Parliament That he doth very earnestly desire that they will use all possible industry in expediting the business of Ireland in which they shall find so chearful a concurrence by His Majesty that no inconvenience shall happen to that service by His absence He having all that Passion for the reducing of that Kingdom which He hath expressed in His former Messages and being unable by words to manifest more affection to it than He hath endeavoured to do by those Messages having likewise done all such Acts as he hath been moved unto by His Parliament therefore if the misfortunes and calamities of His poor Protestant Subjects shall grow upon them though His Majesty shall be deeply concerned in and sensible of their sufferings He shall wash His hands before all the World from the least imputation of slackness in that most necessary and pious work And that His Majesty may leave no way unattempted which may beget a good understanding between Him and His Parliament He thinks it necessary to declare That as He hath been so tender of the Priviledges of Parliament that He hath been ready and forward to retract any Act of His own which He hath been informed hath trencht upon their Priviledges so He expects an equal tenderness in them of His Majesty 's known and unquestionable Priviledges which are the Priviledges of the Kingdom amongst which He is assured it is a Fundamental one That His Subjects cannot be obliged to obey any Act Order or Injunction to which His Majesty hath not given His consent And therefore He thinks it necessary to publish That He expects and hereby requires Obedience from all His loving Subjects to the Laws established and that they presume not upon any pretence of Order or Ordinance to which His Majesty is no party concerning the Militia or any other thing to do or execute what is not warranted by those Laws His Majesty being resolved to keep the Laws Himself and to require Obedience to them from all His Subjects And His Majesty once more recommends to His Parliament the substance of His Message of the twentieth of January last that they compose and digest with all speed such Acts as they shall think fit for the present and future establishment of their Priviledges the free and quiet enjoying their Estates and Fortunes the Liberties of their Persons the security of the true Religion now professed in the Church of England the maintaining His Majesties Regal and Just Authority and setling His Revenue His Majesty being most desirous to take all fitting and just wayes which may beget a happy understanding between Him and His Parliament in which He conceives His greatest Power and Riches do consist III. From NOTTINGHAM Aug. 25. MDCXLII When He set up His Standard By the Earls of Southampton and Dorset Sir John Culpepper Knight Chancellour of the Exchequer and Sir W. Wedale Knight WE have with unspeakable grief of heart long beheld the distractions of this our Kingdom Our very Soul is full of anguish until We may find some remedy to
the eleventh of this month by which they will have understood the reasons which enforced Him to go from thence as likewise His constant endeavours for the setling of a safe and well-grounded Peace wheresoever He should be And being now in a place where He conceives Himself to be at much more Freedom and Security than formerly He thinks it necessary not only for making good of His Own professions but also for the speedy procuring of a Peace in these languishing and distressed Kingdoms at this time to offer such grounds to His two Houses for that effect which upon due examination of all Interests may best conduce thereunto And because Religion is the best and chiefest foundation of Peace His Majesty will begin with that particular That for the abolishing Archbishops Bishops c. His Majesty clearly professeth that He cannot give His Consent thereunto both in relation as He is a Christian and a King For the first He avows that He is satisfied in His Judgment that this Order was placed in the Church by the Apostles themselves and ever since their time hath continued in all Christian Churches throughout the world until this last Century of years and in this Church in all times of Change and Reformation it hath been upheld by the wisdom of His Ancestors as the great preserver of Doctrine Discipline and Order in the service of God As a King at His Coronation He hath not only taken a solemn Oath to maintain this Order but His Majesty and His Predecessours in their confirmations of the Great Charter have inseparably woven the Right of the Church into the Liberties of the rest of the Subjects And yet He is willing it be provided that the particular Bishops perform the several duties of their Callings both by their personal Residence and frequent Preachings in their Dioceses as also that they exercise no Act of Jurisdiction or Ordination without the consent of their Presbyters and will consent that their powers in all things be so limited that they be not grievous to tender Consciences Wherefore since His Majesty is willing to give ease to the Consciences of others He sees no reason why He alone and those of His Judgment should be pressed to a violation of theirs Nor can His Majesty consent to the alienation of Church-Lands because it cannot be denied to be a sin of the highest Sacrilege as also that it subverts the intentions of so many pious Donors who have laid a heavy Curse upon all such profane violations which His Majesty is very unwilling to undergo And besides the matter of Conscience His Majesty believes it to be a prejudice to the publick good many of His Subjects having the benefit of renewing Leases at much easier Rates than if those possessions were in the hands of private men not omitting the discouragement which it will be to all Learning and industry when such eminent rewards shall be taken away which now lye open to the Children of meanest persons Yet His Majesty considering the great present distempers concerning Church-discipline and that the Presbyterian Government is now in practice His Majesty to eschew Confusion as much as may be and for the satisfaction of His two Houses is content that the said Government be legally permitted to stand in the same condition it now is for three years provided that His Majesty and those of His Judgment or any other who cannot in Conscience submit thereunto be not obliged to comply with the Presbyterian Government but have free practice of their own profession without receiving any prejudice thereby and that a free Consultation and Debate be had with the Divines at Westminster twenty of His Majesties nomination being added unto them whereby it may be determined by His Majesty and the two Houses how the Church-government after the said time shall be setled or sooner if differences may be agreed as is most agreeable to the Word of God with full liberty to all those who shall differ upon Conscientious grounds from that settlement Always provided that nothing aforesaid be understood to tolerate those of the Romish profession nor exempting of any Popish Recusant from the penalties of the Laws or to tolerate the publick profession of Atheism or Blasphemy contrary to the Doctrine of the Apostles Nicene and Athanasian Creeds they having been received by and had in reverence of all the Christian Churches and more particularly by this of England ever since the Reformation Next the Militia being that Right which is inseparably and undoubtedly inherent in the Crown by the Laws of this Nation and that which former Parliaments as likewise this have acknowledged so to be His Majesty cannot so much wrong that trust which the Laws of God and this Land have annexed to the Crown for the protection and security of His People as to devest Himself and Successors of the power of the Sword Yet to give an infallible evidence of His desire to secure the performance of such agreements as shall be made in order to a Peace His Majesty will consent to an Act of Parliament that the whole power of the Militia both by Sea and Land for and during His whole Reign shall be ordered and disposed by His two Houses of Parliament or by such persons as they shall appoint with powers limited for suppressing of Forces within this Kingdom to the disturbance of the publick Peace and against foreign invasions and that they shall have power during His said Reign to raise Monies for the purposes aforesaid and that neither His Majesty that now is or any other by any Authority derived only from Him shall execute any of the said powers during His Majesties said Reign but such as shall act by the consent and Approbation of the two Houses of Parliament Nevertheless His Majesty intends that all Patents Commissions and other Acts concerning the Militia be made and acted as formerly and that after His Majesties Reign all the power of the Militia shall return entirely to the Crown as it was in the times of Queen Elizabeth and King James of blessed memory After this head of the Militia the consideration of the Arrears due to the Army is not improper to follow for the payment whereof and the ease of His People His Majesty is willing to concur in any thing that can be done without the violation of His Conscience and Honour Wherefore if His two Houses shall consent to remit unto Him such benefit out of Sequestrations from Michaelmas last and out of Compositions that shall be made before the concluding of the Peace and the Arrears of such as have been already made the assistance of the Clergy and the Arrears of such Rents of His own Revenue as His two Houses shall not have received before the concluding of the Peace His Majesty will undertake within the space of eighteen months the payment of four hundred thousand pounds for the satisfaction of the Army and if those means shall not be sufficient His Majesty intends to
the advice of private men or by any unknown or unsworn Counsellors but that such matters as concern the publick and are proper for the High Court of Parliament which is Your Majesties great and supreme Council may be debated resolved and transacted only in Parliament and not elsewhere and such as shall presume to do any thing to the contrary shall be reserved to the censure and judgment of Parliament And such other matters of State as are proper for Your Majesties Privy Council shall be debated and concluded by such of the Nobility and others as shall from time to time be chosen for that place by approbation of both Houses of Parliament And that no publick Act concerning the Affairs of the Kingdom which are proper for Your Privy Council may be esteemed of any validity as proceeding from the Royal Authority unless it be done by the advice and consent of the major part of Your Council attested under their hands And that Your Council my be limited to a certain number not exceeding twenty five nor under fifteen And if any Counsellors place happen to be void in the Intervals of Parliament it shall not be supplied without the assent of the major part of the Council which choice shall be confirmed at the next sitting of the Parliament or else to be void III. That the Lord High Steward of England Lord High Constable Lord Chancellor or Lord Keeper of the Great Seal Lord Treasure Lord Privy Seal Earl Marshal Lord Admiral Warden of the Cinque-Ports chief Governor of Ireland Chancellor of the Exchequer Master of the Wards Secretaries of State two Chief Justices and Chief Baron may always be chosen with the approbation of both Houses of Parliament and in the Intervals of Parliament by assent of the major part of the Council in such manner as is before exprest in the choice of Counsellors IV. That he or they unto whom the government and education of the King's Children shall be committed shall be approved of by both Houses of Parliament and in the Intervals of Parliaments by the assent of the major part of the Council in such manner as is before exprest in the choice of Counsellours And that all such Servants as are now about Them against whom both Houses shall have any just exception shall be removed V. That no Marriage shall be concluded or treated for any of the King's Children with any foreign Prince or other person whatsoever abroad or at home without the consent of Parliament under the penalty of a Praemunire unto such as shall so conclude or treat any Marriage as aforesaid and that the said Penalty shall not be pardoned or dispensed with but by the consent of both Houses of Parliament VI. That the Laws in force against Jesuites Priests and Popish Recusants be strictly put in execution without any toleration or dispensation to the contrary and some more effectual course may be enacted by authority of Parliament to disable them from making any disturbance in the State or eluding the Law by trusts or otherwise VII That the Votes of Popish Lords in the House of Peers may be taken away so long as they continue Papists And that His Majesty would consent to such a Bill as shall be drawn for the Education of the Children of Papists by Protestants in the Protestant Religion VIII That Your Majesty will be pleased to consent that such a Reformation be made in the Church-Government and Liturgy as both Houses of Parliament shall advise wherein they intend to have consultations with Divines as is expressed in their Declaration to that purpose And that your Majesty will contribute Your best assistance to them for the raising of a sufficient maintenance for Preaching Ministers through the Kingdom And that Your Majesty will be pleased to give Your consent to Laws for the taking away of Innovations and Superstition and of Pluralities and against Scandalous Ministers IX That Your Majesty will be pleased to rest satisfied with that course that the Lords and Commons have appointed for ordering the Militia until the same shall be further setled by a Bill And that Your Majesty will recall Your Declarations and Proclamations against the Ordinance made by the Lords and Commons concerning it X. That such Members of either House of Parliament as have during this present Parliament been put out of any Place and Office may either be restored to that Place and Office or otherwise have satisfaction for the same upon the Petition of that House whereof he or they are Members XI That all Privy-Counsellours and Judges may take an Oath the form whereof to be agreed on and setled by Act of Parliament for the maintaining of the Petition of Right and of certain Statutes made by this Parliament which shall be mentioned by both Houses of Parliament And that an inquiry of all the breaches and violations of these Laws may be given in charge by the Justices of the King's Bench every Term and by the Judges of Assize in their Circuits and Justices of Peace at the Sessions to be presented and punished according to Law XII That all the Judges and all Officers placed by approbation of both Houses of Parliament may hold their places Quam diu bene se gesserint XIII That the Justice of Parliament may pass upon all Delinquents whether they be within the Kingdom or fled out of it And that all persons cited by either House of Parliament may appear and abide the censure of Parliament XIV That the General Pardon offered by Your Majesty may be granted with such Exceptions as shall be advised by both Houses of Parliament XV. That the Forts and Castles of this Kingdom may be put under the Command and Custody of such persons as Your Majesty shall appoint with the approbation of Your Parliament and in the Intervals of Parliament with the approbation of the major part of the Council in such manner as is before expressed in the choice of Counsellours XVI That the extraordinary Guards and Military Forces now attending Your Majesty may be removed and discharged And that for the future You will raise no such Guards or extraordinary Forces but according to Law in case of actual Rebellion or Invasion XVII That Your Majesty will be pleased to enter into a more strict Alliance with the States of the United Provinces and other neighbour-Princes and States of the Protestant Religion for the defence and maintenance thereof against all designs and attempts of the Pope and his adherents to subvert and suppress it whereby Your Majesty will obtain a great access of strength and reputation and Your Subjects be much encouraged and enabled in a Parliamentary way for Your aid and assistance in restoring Your Royal Sister and the Princely Issue to those Dignities and Dominions which belong unto them and relieving the other distressed Protestant Princes who have suffered in the same Cause XVIII That Your Majesty will be pleased by Act of Parliament to clear the Lord Kimbolton and the
chuse and to remove none till they appear to Us to have otherwise behaved themselves or shall be evicted by Legal proceedings to have done so But this Demand as unreasonable as it is is but one link of a great Chain and but the first round of that Ladder by which Our Just Ancient Regal Power is endeavoured to be fetched down to the ground For it appears plainly that it is not with the Persons now chosen but with Our chusing that you are displeased For you demand That the persons put in the places and imployments of those who shall be removed may be approved by both Houses which is so far as to some it may at the first sight appear from being less then the power of nomination that of two things of which We will never grant either We would sooner be content that you should nominate and We approve than you approve and we nominate the meer nomination being so far from being any thing that if We could do no more We would never take the pains to do that when We should only hazard those whom We esteemed to the scorn of a refusal if they happened not to be agreeable not only to the Judgment but to the Passion Interest or Humour of the present major part of either House Not to speak now of the great factions animosities and divisions which this power would introduce in both Houses between both Houses and in the several Countries for the choice of persons to be sent to that place where that power was and between the persons that were so chosen Neither is this strange Potion prescribed to Us only for once for the cure of a present pressing desperate disease but for a Diet to Us and Our Postetity It is demanded That Our Counsellors all Chief Officers both of Law and State Commanders of Forts and Castles and all Peers hereafter made as to voting without which how little is the rest be approved of that is chosen by them from time to time and rather then it should ever be left to the Crown to whom it onely doth and shall belong if any place fall void in the intermission of Parliament the major part of the approved Council is to approve them Neither is it only demanded that We should quit the Power and Right our Predecessors have had of appointing Persons in these places but for Counsellors We are to be restrained as well in the Number as in the Persons and a power must be annext to these places which their Predecessors had not And indeed if this power were past to them it were not fit We should be trusted to chuse those who were to be trusted as much as We. It is demanded That such matters as concern the publick and are proper for the High Court of Parliament Which is Our Great and Supreme Council may be debated resolved and transacted only in Parliament and not elsewhere and such as presume to do any thing to the contrary shall be reserved to the Censure and Judgment of the Parliament and such other matters of State as are proper for Our Privy Council shall be debated and concluded by such of Our Nobility though indeed if being made by Us they may not vote without the Consent of both Houses We are rather to call them your Nobility and others as shall be from time to time chosen for that place by approbation of both Houses of Parliament and that no publick Act concerning the affairs of the Kingdom which are proper for Our Privy Council may be esteemed of any validity as proceeding from the Royal Authority unless it be done by the Advice and Consent of the major part of Our Council attested under their hands Which Demands are of that nature that to grant them were in effect at once to depose both Our Self and Our Posterity These being past We may be waited on bare-headed We may have our hand kist the style of Majesty continued to Us and the Kings Authority declared by both Houses of Parliament may be still the style of your Commands We may have Swords and Maces carried before Us and please Our Self with the sight of a Crown and Scepter and yet even these Twigs would not long flourish when the Stock upon which they grew were dead but as to true and real Power We should remain but the outside but the Picture but the Sign of a King We were ever willing that Our Parliament should debate resolve and transact such matters as are proper for them as far as they are proper for them and We heartily wish that they would be as careful not to extend their Debates and Resolutions beyond what is proper to them that multitudes of things punishable and Causes determinable by the ordinary Judicatures may not be entertained in Parliament and so cause a long chargeable fruitless attendance of Our People and by degrees draw to you as well all the Causes as all the faults of Westminster-Hall and divert your proper Business That the course of Law be no ways diverted much less disturbed as was actually done by the stop of the proceedings against a Riot in Southwark by Order of the House of Commons in a time so riotous and tumultuous as much increased the danger of Popular Insolencies by such a countenance to Riots and discountenance of Law That you descend not to the leisure of recommending Lecturers to Churches nor ascend to the Legislative Power by commanding the Law not having yet commanded it that they whom you recommend be received although neither the Parson nor Bishop do approve of them and that the Refusers according to the course so much formerly complained of to have been used at the Council Table be not sent for to attend to shew cause at least that you would consider Conveniency if not Law and recommend none but who are well known to you to be Orthodox Learned and Moderate or at least such as have taken Orders and are not notorious depravers of the Book of Common-Prayer a care which appeareth by the Discourses Sermons and Persons of some recommended by you not to have been hitherto taken and it highly concerns both you in duty and the Commonwealth in the consequences that it should have been taken That neither one Estate transact what is proper for two nor two what is proper for three and consequently that contrary to Our declared will Our Forts may not be seized Our Arms may not be removed Our Moneys may not be stop'd Our legal Directions may not be countermanded by you nor We desired to countermand them Our Self nor such entrances made upon a real War against Us upon pretence of an imaginary War against you and a Chimoera of Necessity So far do you pass beyond your limits whilst you seem by your Demand to be strangely streightned within them At least we could have wish'd you would have expressed what matters you meant as fit to be transacted only in Parliament and what you meant by only in Parliament You
the present Rebellion raised in this Kingdom against His Majesty and that all His Majesty's Subjects are bound by their natural Allegiance and the Oaths lawfully taken by them to the utmost of their power to resist and repress the same and particularly the Army now under the Command of the Earl of Essex and all other Armies raised or to be raised without His Majesty's Consent under pretence of the two Houses of Parliament And we do disclaim all Votes Orders and Declarations in countenance or maintenance of the said Armies and Declare That no Oath or Covenant voluntarily taken or inforced doth or can bind or dispense with the breach of those other Oaths formerly and lawfully taken to His Majesty and that all those who aid assist or abett this horrid and odious Rebellion are and ought to be accounted and pursued as Traitors by the known Laws of the Land That we utterly detest and disclaim the Invitation which hath been made to His Majesty's Subjects of Scotland to enter this Kingdom with an Army the same being as much against the Desires as against the Duty of the Lords and Commons of England and all true-hearted English-Men And we do Declare and publish to the World That as any such Invasion or Hostile entry into the Kingdom by the Rebellious Subjects of Scotland is a direct and peremptory breach of the late Act of Pacification between the two Kingdoms so that we and all the Subjects of this Kingdom are bound by our Allegiance and by that very Act to resist and repress such Invasion And whosoever is or shall be abetting aiding or assisting to those of Scotland in their Hostile Invasion of this Kingdom ought to be looked upon as betrayers of their Country and are guilty of High Treason by the known Laws of the Kingdom And that our weak misled and seduced Country-men may no longer pay an implicite regard and reverence to the abused name of Parliament which these guilty Persons usurp to themselves and so submit to those Actions and Commands which two Houses of Parliament never so legally and regularly constituted have not Authority to require or enjoyn and since these Men will not suffer their poor Country to be restored by a Treaty to the benefit of a Parliament which would with Gods blessing easily remove these Miseries and prevent the like for the time to come we must and do declare to the Whole Kingdom That as at no time either or both Houses of Parliament can by any Orders or Ordinances impose upon the People without the Kings Consent so by reason of the want of Freedom and Security for all the Members of Parliament to meet at Westminster and there to Sit Speak and Vote with Freedom and Safety all the Actions Votes Orders Declarations and pretended Ordinances made by those Members who remain still at Westminster are void and of none effect and that as many of the Lords and Commons assembled at Westminster as have at any time consented to the raising of Forces under the Command of the Earl of Essex or to the making and using of the new Great Seal or to the present coming of the Scots into England in a warlike manner have therein broken the Trust reposed in them by their Country and are to be proceeded against as Traitors And yet we are far from dissolving or attempting the dissolution of this Parliament or the violation of any Act made and confirmed by His Majesty's Royal Assent this Parliament which we shall always maintain and defend Acts of Parliament are only in danger to be destroyed by those who undervalue and despise the Authority and Power of Acts of Parliament who therefore deny the Kings Negative Voice and neglect His Concurrence that their own Resolutions may be reputed as Acts of Parliament to the Ruine and Confusion of all Laws and Interest It is our grief in the behalf of the whole Kingdom that since the Parliament is not dissolved the Power thereof should by the Treason and Violence of these Men be so far suspended that the Kingdom should be without the fruit and benefit of a Parliament which cannot be reduced to any Action or Authority till the Freedom and Liberty due to the Members be restored and admitted and they who oppose this must be only looked upon as the Enemies to Parliament In the mean time we neither have nor shall attempt any thing for the Adjourning Dissolving or Proroguing thereof otherwise than as it may stand with the Act in that case provided Lastly we Declare That our endeavours actions and resolutions tend and are directed and shall always be directed to the maintenance of God's true Religion established by Law within this Kingdom to the defence of His Majesty's Sacred Person His Honour and just Rights to the preservation of the Liberty and Property of the Subject settled and evident by the Laws Statutes and Customs of the Realm and the just Freedom Liberty and Privilege of Parliament and that what we shall do for the defence and maintenance of all these proceeds from the Conscience of our Duty to God our King and Country without any private and sinister ends of our own and out of our sincere love to Truth and Peace the which as we have so we shall always labour to procure as the only blessed End of all our Labours And we do therefore conjure all our Country-Men and fellow-Subjects by all those precious obligations of Religion to God Almighty of Loyalty towards their Soveraign of Affection towards one another and of Charity and Compassion towards their bleeding Country to assist and joyn with us in the suppressing those Enemies to Peace who are so much delighted with the Ruine and Confusion they have made that they will not so much as vouchsafe to Treat with us that all specious Pretences might be taken away and the grounds of this bloody Contention clearly stated to the World If these Men with a true sence and remorse of the ill they have done shall yet return to their Duty and Loyalty they shall God willing find us of another temper towards them than they have been towards us And if the Conscience of their Duty shall not draw all our fellow-Subjects and Country-Men to joyn with us in assisting His Majesty we hope that the prudent consideration That 't is impossible to Reason for our miserable Country ever to be restored to Peace and Happiness but by restoring all just and legally-due Power and Authority into His Majesty's hands again will direct them what is fit to be done by them And if any yet shall be so unskilful and to say no worse vulgar-spirited to hope by a Neutrality and odious Indifferency to rest secure in this Storm though we shall not follow the examples of other Men in telling them that their Estates shall be forfeited and taken from them as pernicious and publick Enemies God be thanked the Law is not so supprest but that it proceeds in Attainders and Forfeitures and all Men
to and near Coventry and that it was not made known to His Majesty that the same were for Ireland till after the seizure thereof when it was impossible to recover the same from the Soldiers who had taken them whereas if a safe Conduct had been desired by His Majesty as it ought to have been the same being to pass through his Quarters there would have been no Violence or Interruption offered For the giving the Names of the Persons who subscribed the Letters delivered to your Lordships the Originals of which have been shewed to you by us we have given your Lordships a full and reasonable Answer and if your Lordships will assure us that the giving their Names to you shall be no prejudice to the Persons who did subscribe if at any time any of them shall be found within your Quarters we will forthwith deliver their Names to you otherwise we conceive your Lordships cannot but give credit to that we have said and shewed to you All which we hope hath clearly satisfied your Lordships that the Cessation with the Rebels was neither unjust nor unlawful and that you will proceed to satisfie us by what means the War may be managed in Ireland with probable hope of the preservarion of His Majesties Protestant Subjects there we being very willing to concur with your Lordships in any just and honourable way for the good and settlement of that miserable Kingdom And together with this last the King's Commissioners delivered in this other Paper 20. February HAving given your Lordships clear Reasons why the Cessation which hath been made in Ireland is not in Reason or Justice to be made void and that the making void thereof if the same might be done is not or cannot be for the benefit or advantage of His Majesties Protestant Subjects in that Kingdom so long as the unhappy Wars in this Kingdom continue to the other part of your Lordships first Paper concerning Ireland for the prosecution of the War there to be settled in both Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms and His Majesty to assist we say That it appears by the other Papers delivered to us by your Lordships as the Articles of the Treaty of the sixth of August and the Ordinances of the eleventh of April and ninth of March and otherwise That the intent is that that War shall be managed by a joynt Committee of both Kingdoms and that the Committee of each Kingdom shall have a Negative voice and consequently it is very probable that upon difference of Opinion between them that War may stand still or to the utter Ruin of His Majesties good Subjects there be absolutely dissolv'd For whereas your Lordships say That in case of such Disagreement the Houses of the Parliament of England may prosecute the War as they shall think fit observing the Treaty of the sixth of August 1642. and the Ordinance of the 11. of April your Lordships well know that by that Treaty and that Ordinance the two Houses of the Parliament of England alone cannot prosecute that War that Ordinance of the 11. of April expresly making the Earl of Leven the Scots General Commander in chief of all Forces in that Kingdom both British and Scotish without any reference unto His Majesty or His Lieutenant of that Kingdom and directing that the War shall be managed by the Committee of both Kingdoms without any other reference to the two Houses of the Parliament of England And therefore we cannot consent that such an Act of Parliament be passed for the confirmation of that Treaty or the Ordinance of the 11 of April as your Lordships propose by reason that thereby all His Majesties Authority would be wholly taken away in that Kingdom and in truth that whole Kingdom be thereby delivered into the hands of His Majesties Subjects of Scotland which we conceive is neither just prudent nor honourable to be done And we are of Opinion that it is not agreeable to His Majesties Honour or the Justice and Protection which He ows to His Subjects of His Kingdom of Ireland to put the nomination of His Lieutenant and Judges of that Kingdom out of Himself and to commit the whole Power of that Kingdom to others and to bind Himself to pass all such Acts of Parliament as any time hereafter shall be presented to Him for raising of Moneys and other things necessary for the prosecution of the War in that Kingdom which your Lordships say in your Paper the 9. of this Instant you intend by those words His Majesty to assist in your first Paper And we conceive it cannot be expected that His Majesty should consent to an Act of Parliament for prosecution of the War in Ireland to be managed by the Advice of the Houses of Parliament here and the Estates of the Parliament of Scotland so long as the War in this Kingdom shall continue For these and many other Reasons we conceive it doth appear to your Lordships that the Propositions as they are delivered to us by your Lordships are by no means fit to be consented to and therefore we desire your Lordships to make other Propositions to us which may be for the preservation and relief of His Majesties Protestant Subjects there and for the settlement of that Kingdom in which we shall very readily concur and we shall be very willing that the business of that Kingdom shall after a Peace settled in this be taken into consideration and ordered as His Majesty and both Houses of Parliament here shall think fit Their Answers to these two Papers Their Paper 20. Feb. VVE expected that your Lordships would have been fully satisfied by what we have alledged against His Majesties Power to make the Cessation with the Rebels in Ireland and we cannot find those important Reasons which your Lordships mentioned to have induced His Majesty so to do or that thereby His Majesties Protestant Subjects there have been preserved or subsisted but we have made it evident that this Cessation tended to the utter Destruction of the Protestants in that Kingdom as we conceived was designed by those who advised His Majesty thereunto And we observe your Lordships urge that this Cessation was the only means for the subsistence of the Protestants there when it cannot be denied but that very many of the Protestants in Vlster Munster and Connaught have yet subsisted although they have refused to submit to the Cessation and opposed the same as the means intended for their Ruin And we do affirm unto your Lordships that the two Houses of Parliament have been so far from failing to supply His Majesties good Subjects in that Kingdom that although His Majesties Forces have as much as lay in their power endeavoured to prevent the same and have taken to themselves that which was provided for those whom your Lordships mention to have been in so great Want and Extremity yet the two Houses not discouraged thereby have constantly sent
at Our Court at Tavestock the 8 th of September 1644. The Bill for Abolishing Episcopacy 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 Chancellor Chaunter Treasurer Sub-treasurer Succentor or Sacrist of any Cathedral or Collegiate 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 Commissaries 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 become 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 Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be other than Impropriations Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations 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 means to all intents and purposes as any Arch-bishop or Bishop 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 Assurances or Estates whatsoever hereafter to be made by the King's Majesty His Heirs or Successors 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 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 Custom 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 Bishoprick and all Mannors Castles Lordships Granges Messuages Mills Lands Tenements Meadows Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Rights of Patronage and Presentation 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 nature or quality soever they be or wheresoever they lie or be which now are or lately 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 Vicars 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 respectively shall by Authority of this present Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of 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 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 ample and beneficial manner to all intents and purposes as any of the Persons or Corporations whose Offices or Places are taken away by this Act at
Distempers concerning Church-Discipline and that the Presbyterian Government is now in practice his Majesty to eschew Confusion as much as may be and for the satisfaction of his two Houses is content that the said Government be legally permitted to stand in the same condition it now is for three years provided that his Majesty and those of his Judgment or any other who cannot in Conscience submit thereunto be not obliged to comply with Presbyterial Government but have free practice of their own Profession without receiving any prejudice thereby and that a free Consultation and debate be had with the Divines at Westminster twenty of his Majesties nomination being added unto them whereby it may be determined by his Majesty and the two Houses how the Church-Government after the said time shall be settled or sooner if Differences may be agreed as is most agreeable to the Word of God with full Liberty to all those who shall differ upon conscientious grounds from that settlement always provided that nothing aforesaid be understood to tolerate those of the Popish Profession nor the exempting of any Popish Recusant from the penalties of the Laws or to tolerate the publick profession of Atheism or Blasphemy contrary to the Doctrine of the Apostles Nicene and Athanasian Creeds they having been received by and had in reverence of all the Christian Churches and more particularly by this of England ever since the Reformation Next the Militia being that Right which is inseparably and undoubtedly inherent in the Crown by the Laws of this Nation and that which former Parliaments as likewise this hath acknowledged so to be his Majesty cannot so much wrong that Trust which the Laws of God and this Land hath annexed to the Crown for the Protection and Security of his People as to devest himself and Successors of the power of the Sword yet to give an infallible evidence of his desire to secure the performance of such Agreements as shall be made in order to a Peace his Majesty will consent to an Act of Parliament that the whole Power of the Militia both by Sea and Land for and during his whole Reign shall be ordered and disposed by his two Houses of Parliament or by such persons as they shall appoint with Powers limited for suppressing of Forces within this Kingdom to the disturbance of the publick Peace and against foreign Invasion and that they shall have Power during his said Reign to raise moneys for the purposes aforesaid and that neither his Majesty that now is or any other by any Authority derived only from him shall execute any of the said Powers during his Majesties said Reign but such as shall act by the consent and approbation of the two Houses of Parliament Nevertheless his Majesty intends that all Patents Commissions and other Acts concerning the Militia be made and acted as formerly and that after his Majesties Reign all the Power of the Militia shall return intirely to the Crown as it was in the times of Queen Elizabeth and King James of blessed memory After this Head of the Militia the consideration of the Arrears due to the Army is not improper to follow for the payment whereof and the ease of his People his Majesty is willing to concur in any thing that can be done without the Violation of his Conscience and Honour Wherefore if his two Houses shall consent to remit unto him such benefit out of Sequestrations from Michaelmas last and out of Compositions that shall be made before the concluding of the Peace and the Arrears of such as have been already made the assistance of the Clergy and the Arrears of such Rents of his own Revenues as his two Houses shall not have received before the concluding of the Peace his Majesty will undertake within the space of eighteen Months the payment of four hundred thousand pounds for the satisfaction of the Army and if those means shall not be sufficient his Majesty intends to give way to the sale of Forest Lands for that purpose this being the Publick Debt which in his Majesties Judgment is first to be satisfied and for other publick Debts already contracted upon Church-Lands or any other Ingagements his Majesty will give his consent to such Act or Acts for raising of moneys for payment thereof as both Houses shall hereafter agree upon so as they be equally laid whereby his People already too heavily burthened by these late Distempers may have no more Pressures upon them than this absolute necessity requires And for the further securing of all Fears his Majesty will consent that an Act of Parliament be passed for the disposing of the great Offices of State and naming of Privy Councellors for the whole term of his Reign by the two Houses of Parliament their Patents and Commissions being taken from his Majesty and after to return to the Crown as is exprest in the Article of the Militia For the Court of Wards and Liveries his Majesty very well knows the consequence of taking that way by turning of all Tenures into common Soccage as well in point of Revenue to the Crown as in the Protection of many of his Subjects being Infants nevertheless if the continuance thereof seem grievous to his Subjects rather then he will fail on his part in giving satisfaction he will consent to an Act for taking of it away so as a full recompence be settled upon his Majesty and his Successors in perpetuity and that the Arrears now due be reserved unto him towards the payment of the Arrears of the Army And that the memory of these late Distractions may be wholly wiped away his Majesty will consent to an Act of Parliament for the suppressing and making null of all Oaths Declarations and Proclamations against both or either House of Parliament and of all Indictments and other proceedings against any persons for adhering unto them and his Majesty proposeth as the best Expediment to take away all seeds of future Differences that there be an Act of Oblivion to extend to all his Subjects As for Ireland the Cessation there is long since determined but for the future all other things being fully agreed his Majesty will give full satisfaction to his Houses concerning that Kingdom And although his Majesty cannot consent in Honour and Justice to avoid all his own Grants and Acts past under his Great Seal since the two and twentieth of May 1642. or to the confirming of all the Acts and Grants passed under that made by the two Houses yet his Majesty is confident that upon perusal of particulars he shall give full satisfaction to his two Houses to what may be reasonably desired in that particular And now his Majesty conceives that by these his Offers which he is ready to make good upon the settlement of a Peace he hath clearly manifested his intentions to give full security and satisfaction to all Interests for what can justly be desired in order to the future Happiness of his People And for the
thereunto Provided always and be it further Enacted by the Authority aforesaid That nothing herein before contained shall extend to the taking away of the ordinary Legal Power of Sheriffs Justices of Peace Maiors Bailiffs Coroners Constables Headboroughs or other Officers of Justice not being Military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers or any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary Command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons and that if any persons shall be gathered and assembled together in Warlike manner or otherwise to the number of Thirty persons and shall not forthwith separate and disperse themselves being required thereto by the said Lords and Commons or Command from them or any by them especially authorized for that purpose then such person and persons not so separating and dispersing themselves shall be guilty and incur the pains of High Treason being first Declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding and he or they that shall offend herein shall be incapable of any Pardon from His Majesty His Heirs and Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided also further That the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and imploying the Forces of that City for the Defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the sitting of this present Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act for justifying the Proceedings of Parliament in the late War and for Declaring all Oaths Declarations Proclamations and other Proceedings against it to be void WHereas the Lords and Commons assembled in Parliament have been necessitated to make and prosecute a War in their just and lawful Defence and thereupon Oaths Declarations and Proclamations have been made against them and their Ordinances and Proceedings and against others for adhering unto them and for executing Offices Places and Charges by Authority derived from them and Judgments Indictments Outlawries Attainders and Inquisitions for the causes aforesaid have been had and made against some of the Members of the Houses of Parliament and other his Majesties good Subjects and Grants have been made of their Lands and Goods Be it therefore Declared and hereby Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That all Oaths Declarations and Proclamations heretofore had or made against both or either of the Houses of Parliament or any the Members of either of them for the causes aforesaid or against their Ordinances or Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from the said Houses or either of them and all Judgments Indictments Outlawries Attainders Inquisitions and Grants thereupon made and all other Proceedings for any the causes aforesaid had made done or executed or to be had made done or executed whether the same be done by the King or any Judges Justices Sheriffs Ministers or any others are void and of no effect and are contrary to and against the Laws of the Realm And be it further Enacted and hereby Declared by the Authority aforesaid That all Judges Justices of the Peace Maior Sheriffs Constables and other Officers and Ministers shall take notice hereof and are hereby prohibited and discharged in all time to come from awarding any Writ Process or Summons and from pronouncing or executing any Judgment Sentence or Decree or any way proceeding against or molesting any of the said Members of the two Houses of Parliament or against any of the Subjects of this Kingdom for any the causes aforesaid Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning Peers lately made and hereafter to be made BE it Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament That all Honour and Title of Peerage conferred on any since the twentieth day of May 1642. being the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament be and is hereby made and declared Null and Void Be it further Enacted and it is hereby Enacted by the Authority aforesaid that no Person that shall hereafter be made a Peer or His Heirs shall sit or vote in the Parliament of England without consent of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Adjournments of both Houses of Parliament BE it Declared and Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by the Authority of the same That when and as often as the Lords and Commons assembled in this present Parliament shall judge it necessary to adjourn both Houses of this present Parliament to any other place of the Kingdom of England than where they now sit or from any place adjourn the same again to the place where they now sit or to any other place within the Kingdom of England that then such their Adjournment and Adjournments to such places and for such time as they shall appoint shall at all times and from time to time be valid and good any Act Statute or Usage to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That no Adjournment or Adjournments to be had or made by reason or colour of this Act shall be deemed adjudged or taken to make end or determine any Session of this present Parliament And they also commanded us to present to Your Majesty these ensuing Propositions Heads of the Propositions 1. That the new Seal be confirmed and the old Great Seal and all things passed under it since May 1642. be made void 2. That Acts be passed for raising Moneys to satisfie Publick Debts 3. That Members of both Houses put from their places by the King be restored 4. That the Cessation in Ireland be made void and the War left to both Houses 5. That an Act of Indemnity be passed 6. That the Court of Wards be taken away and such Tenures turned into common Soccage 7. That the Treaties between the English and Scots be confirmed and Commissioners appointed for Conservation of the Peace between the Kingdoms 8. That the Arrears of the Army be paid out of the Bishops Lands forfeited Estates and Forests 9. That an Act be
an adjoyning Scaffold where she stood she cried out with a loud Voice but not without danger that It was a Lye not the Tenth part of the People were guilty of such a Crime but all was done by the Machinations of that Traytor Cromwell But the King after the Charge was read with a Countenance full of Majesty and Gravity demands by what Authority they proceeded with Him thus contrary to the Publick Faith and what Law they had to try Him that was an absolute Sovereign Bradshaw replying that of the Parliament His Majesty shewed the detestable Falsehood in pretending to what they had not and if they had it yet it could not justifie these Practices To which Reply when they could not answer they force Him back to the place of His Captivity The Magnanimity of the King in this Days Contest with these inhumane Butchers did much satisfie the People and they were glad while they thought not of His Danger that He wanted not either Speech or Courage against so powerful Enemies that He had spoken nothing unworthy of Himself and had preserved the Fame of His. Vertues even in so great Adversities For He seemed to triumph over their Fortune whose Arms He was now subject to The Parricides sought to break his Spirit by making His appearances frequent before such contemptible Judges and often exposing Him to the contempt of the Armed Rabble therefore four days they torture Him with the Impudence and Reproaches of their Infamous Sollicitor and President But He still refused to own their Authority which they could not prove lawful and so excellently demonstrated their abominable Impiety that He made Colonel Downes one of their Court to boggle at and disturb their Proceedings They therefore at last proceeded to take away that Life which was not to be separated from Conscience and Honour and pronounced their Sentence of Death upon their Lawful and Just Sovereign Jan. 27. not suffering Him to speak after the Decree of their Villany but hurrying Him back to the place of His Restraint At His departure He was exposed to all the Insolencies and Indignities that a phanatick and base Rabble instigated by Peters and other Instructors of Villany could invent and commit And He suffer'd many things so conformable to Christ His King as did alleviate the sense of them in Him and also instruct Him to a correspondent Patience and Charity When the barbarous Souldiers cried out at His departure Justice Justice Execution Execution as those deceived Jews did once to their KING Crucisie Him Crucifie Him this Prince in imitation of that most Holy King pitied their blind fury and said Poor Souls for a piece of Money they would do as much for their Commanders As He passed along some in defiance spit upon His Garments and one or two as it was reported by an Officer of theirs who was one of their Court and praised it as an evidence of his Souldiers Gallantry while others were stupefied with their prodigious baseness polluted His Majestick Countenance with their unclean spittle the Good King reflecting on His great Exemplar and Master wiped it off saying My Saviour suffer'd far more than this for me Into His very Face they blowed their stinking Tobacco which they knew was very distasteful to Him and in the way where He was to go just at His Feet they flung down pieces of their nasty Pipes And as they had devested themselves of all Humanity so were they impatient and furious if any one shewed Reverence or Pity to Him as He passed For no honest Spirit could be so forgetful of humane fruilty as not to be troubled at such a sight to see a Great and Just King the rightful Lord of three flourishing Kingdoms now forced from His Throne and led captive through the Streets Such as pull'd off their Hats or bowed to Him they beat with their Fists and Weapons and knock'd down one dead but for crying out God be merciful unto Him When they had brought Him to His Chamber even there they suffered Him not to rest but thrusting in and smoaking their filthy Tobacco they permitted Him no Privacy to Prayer and Meditation Thus through variety of Tortures did the King pass this Day and by His Patience wearied His Tormentors nothing unworthy His former greatness of Fortune and Mind by all these Affronts was extorted from Him though Indignities and Injuries are unusual to Princes and these were such as might have forced Passion from the best-tempered meekness had it not been strengthned with assistance from Heaven In the Evening the Conspirators were acquainted by a Member of the Army of the King's desire that seeing His Death was nigh it might be permitted him to see His Children and to receive the Sacrament and that Doctor Juxon then Lord Bishop of London now Arch-Bishop of Canterbury might be admitted to pray with Him in His private Chamber The first they did not scruple at the Children in their power being but two the Lady Elizabeth and the Duke of Glocester and they very young The second they did not readily grant Some would have had Peters to undertake that Employment for which the Bishop was sent for But he declined it with some Scoffs as knowing that the King hated the Offices of such an unhallowed Buffoon So that at last they permitted the Bishop's access to the King to whom his eminent Integrity had made him dear For with so wonderful a Prudence and uprightness he had managed the envious Office of the Treasury that that accusing age especially of Church-men found not matter for any Impeachment nor ground for the least Reproach The next day being Sunday the King was removed to St. James's where the Bishop of London read Divine Service and preached before Him in private on these words In the day when God shall judge the secrets of all men by Jesus Christ according to my Gospel While the King and the Bishop at this time and also at other times were performing the Divine Service the rude Souldiers often rushed in and disturbed their Offices with vulgar and base Scoffs vain and frivolous Questions The Commanders likewise and other impertinent Anabaptists did interrupt His Meditations who came to tempt and try Him and provoke Him to some unnecessary disputations But He maintained His own Cause with so irrefragable Arguments that He put some to silence the petulancy of others He neglected and with a modest contempt dissembled their Scoffs and Reproaches In the narrow space of this one Day and under so continued Affronts and Disturbances the King whose whole Soul was totally composed to Religion applied Himself as much as was possible to the Reading Holy Scriptures to Prayer Confession of Sins Supplications for the forgiveness of his Enemies the receiving the Eucharist holy Conferences and all the Offices of Piety so under the utmost Malice and Hatred of men He laboured for the Mercy of God and to fit Himself for His last victory over Death While the King thus spent this day
and still must pursue those ends and undergo that Charge for which it was first granted to the Crown it having been so long and constantly continued to Our Predecessors as that in four several Acts of Parliament for the granting thereof to King Edward the Sixth Queen Mary Queen Elizabeth and Our blessed Father it is in express terms mentioned to have been had and enjoyed by the several Kings named in those Acts time out of mind by authority of Parliament And therefore upon these reasons We held it agreeable to Our Kingly Honour and necessary for the safety and good of Our Kingdom to continue the receipt thereof as so many of Our Predecessors had done Wherefore when a few Merchants being at first but one or two fomented as it is well known by those evil Spirits that would have hatched that undutiful Remonstance began to oppose the payment of Our accustomed duties in the Custom-house We gave order to the Officers of Our Customs to go on notwithstanding that opposition in the receiving of the usual duties and caused those that refused to be warned to attend at the Council-board that by the wisdom and authority of Our Council they might be reduced to obedience and duty where some of them without reverence or respect to the honour and dignity of that presence behaved themselves with such boldness and insolency of speech as was not to be endured by a far meaner Assembly much less to be countenanced by a House of Parliament against the body of Our Privy Council And as in this We did what in honour and reason was fit for the present so Our thoughts were daily intentive upon the re-assembling of Our Parliament with full intention on Our part to take away all ill understanding between Us and Our people whose loves as We desired to continue and preserve so We used Our best endeavours to prepare and facilitate the way to it And to this end having taken a strict and exact survey of Our Government both in the Church and Commonwealth and what things were most fit and necessary to be reformed We found in the first place that much exception had been taken at a book intituled Appello Caesarem or An Appeal to Caesar and published in the year 1625. by Richard Mountague then Batchelour of Divinity and now Bishop of Chichester and because it did open the way to those Schisms and Divisions which have since ensued in the Church We did for remedy and redress thereof and for satisfaction of the Consciences of Our good people not only by Our publick Proclamation call in that Book which ministred matter of offence but to prevent the like danger for hereafter reprinted the Articles of Religion established in the time of Queen Elizabeth of famous memory and by a Declaration before those Articles We did tie and restrain all Opinions to the sense of those Articles that nothing might be left for private fancies and innovation For We call God to record before whom We stand that it is and always hath been Our hearts desire to be found worthy of that Title which We accompt the most glorious in all Our Crown Defender of the Faith neither shall We ever give way to the authorizing of any thing whereby any Innovation may steal or creep into the Church but preserve that unity of Doctrine and Discipline established in the time of Queen Elizabeth whereby the Church of England hath stood and flourished ever since And as We were careful to make up all breaches and rents in Religion at home so did We by Our Proclamation and Commandment for the execution of Laws against Priests and Popish Recusants fortifie all ways and approaches against that foreign Enemy which if it have not succeeded according to Our intention We must lay the fault where it is in the subordinate Officers and Ministers in the Country by whose remissness Jesuites and Priests escape without apprehension and Recusants from those convictions and penalties which the Laws and Our Commandment would have inflicted on them For We do profess that as it is Our duty so it shall be our care to command and direct well but it is the part of others to perform the Ministerial Office And when We have done Our Office We shall account Our Self and all charitable men will accompt Us innocent both to God and Men and those that are negligent We will esteem as culpable both to God and Us and therefore will expect that hereafter they give Us a better accompt And as We have been careful for the setling of Religion and quieting the Church so were We not unmindful of the preservation of the just and ancient Liberties of Our Subjects which We secured to them by Our gracious Answer to the Petition in Parliament having not since that time done any Act whereby to infringe them but Our care is and hereafter shall be to keep them intire and inviolable as We would do Our own Right and Sovereignty having for that purpose enrolled the Petition and Answer in Our Courts of Justice Next to the care of Religion and of Our Subjects Rights We did Our best for the provident and well ordering of that aid and supply which was granted Us the last Session whereof no part hath been wastfully spent nor put to any other use than those for which it was desired and granted as upon payment of Our Fleet and Army wherein Our care hath been such as We chose rather to discontent Our dearest Friends and Allies and Our nearest Servants than to leave Our Souldiers and Mariners unsatisfied whereby any vexation or disquiet might arise to Our people We have also with part of those Moneys begun to supply Our Magazines and stores of Munition and to put Our Navy into a constant form and order Our Fleet likewise is fitting and almost in a readiness whereby the Narrow Seas may be guarded Commerce maintained and Our Kingdom secured from all forein attempts These Acts of Ours might have made this impression in all good minds that We were careful to direct Our counsels and dispose Our actions so as might most conduce to the maintenance of Religion honour of Our Government and safety of Our People But with mischievous men once ill-affected Seu bene seu malè facta premunt and whatsoever once seemed amiss is ever remembred but good endeavours are never regarded Now all these things that were the chief complaints the last Session being by Our Princely care so seriously reformed the Parliament re assembled the twentieth of January last We expecting according to the candor and sincerity of Our own thoughts that men would have framed themselves for the effecting a right understanding between Us and Our people But some few malevolent persons like Empiricks and lewd Artists did strive to make new work and to have some Disease on foot to keep themselves in request and to be imployed and entertained in the Cure And yet to manifest how much offences have been diminished the Committees
used that Power Iustly which unjustly he did Usurp Place this P. 241. The most high ruleth in the Kingdome of Men and giueth it to Whoâ—sâ—ever he will and setteth up over it the Basest of men Dan 4. v. 17. Ph. Fruitiers deliâ— Iac. Neeâ—â—s sculp 〈◊〉 DECLARATIONS AND PAPERS Concerning the Difference betwixt His MAJESTY AND HIS Fifth Parliament MDCXLI Decemb. 1. The House of Commons PETITION and Remonstrance of the state of the Kingdom with his Majesties Answers The PETITION of the House of Commons which accompanied the Declaration of the state of the Kingdom when it was presented to His MAJESTY at Hampton-Court Most Gracious Sovereign YOUR Majesties most humble and faithful Subjects the Commoners in this present Parliament assembled do with much thankfulness and joy acknowledge the great mercy and favour of God in giving Your Majesty a safe and peaceable return out of Scotland into Your Kingdom of England where the pressing Dangers and Distempers of the State have caused us with much earnestness to desire the comfort of Your gracious presence and likewise the Unity and Justice of your Royal Authority to give more life and power to the dutiful and loyal Counsels and Endeavours of Your Parliament for the prevention of that imminent Ruine and Destruction wherein Your Kingdoms of England and Scotland are threatned The duty which we owe to Your Majesty and our Country cannot but make us very sensible and apprehensive that the multiplicity sharpness and malignity of those evils under which we have now many years suffered are fomented and cherished by a corrupt and ill-affected party who amongst other their mischievous devices for the alteration of Religion and Government have sought by many false scandals and imputations cunningly insinuated and dispersed among the People to blemish and disgrace our proceedings in this Parliament and to get themselves a party and faction amongst Your Subjects for the better strengthening of themselves in their wicked courses and hindering those provisions and remedies which might by the Wisdom of Your Majesty and Counsel of Your Parliament be opposed against them For preventing whereof and the better information of Your Majesty Your Peers and all other Your loyal Subjects we have been necessitated to make a Declaration of the state of the Kingdom both before and since the Assembly of this Parliament unto this time which we do humbly present to Your Majesty without the least intention to lay any blemish upon Your Royal Person but only to represent how Your Royal Authority and trust have been abused to the great prejudice and danger of Your Majesty and of all Your good Subjects And because we have reason to believe that those malignant parties whose proceedings evidently appear to be mainly for the advantage and increase of Popery are composed set up and acted by the subtile practice of the Jesuites and other Engineers and Factors for Rome and to the great danger of this Kingdom and most grievous affliction of Your loyal Subjects have so far prevailed as to corrupt divers of Your Bishops and others in prime places of the Church and also to bring divers of these Instruments to be of Your Privy Council and other employments of trust and nearness about your Majesty the Prince and the rest of Your Royal Children And by this means have had such an operation in Your Council and the most important affairs and proceedings of Your Government that a most dangerous division and chargeable preparation for War betwixt your Kingdoms of England and Scotland the increase of Jealousies betwixt Your Majesty and Your most obedient Subjects the violent distraction and interruption of this Parliament the Insurrection of the Papists in Your Kingdom of Ireland and bloody Massacre of Your People have been not only endeavoured and attempted but in a great measure compassed and effected For preventing the final accomplishment hereof Your poor Subjects are enforced to ingage their Persons and Estates to the maintaining of a very expenceful and dangerous War notwithstanding they have already since the beginning of this Parliament undergone the charge of 150000. pounds sterling or thereabouts for the necessary support and supply of Your Majesty in these present and perillous Designs And because all our most faithful endeavours and engagements will be ineffectual for the peace safety and preservation of Your Majesty and Your People if some present real and effectual course be not taken for suppressing this wicked and malignant party We Your most humble and obedient Subjects do with all faithfulness and humility beseech Your Majesty 1. That You will be graciously pleased to concurre with the humble desires of Your People in a Parliamentary way for the preserving the peace and safety of the Kingdom from the malicious designs of the Popish party For depriving the Bishops of their Votes in Parliament and abridging their immoderate power usurped over the Clergy and other Your good Subjects which they have most perniciously abused to the hazard of Religion and great prejudice and oppression of the Laws of the Kingdom and just Liberty of Your People For the taking away such oppressions in Religion Church-Government and Discipline as have been brought in and fomented by them For uniting all such Your loyal Subjects together as joyn in the same Fundamental Truths against the Papists by removing some oppressions and unnecessary Ceremonies by which divers weak Consciences have been scrupled and seem to be divided from the rest For the due execution of those good Laws which have been made for securing the Liberty of Your Subjects 2. That Your Majesty will likewise be pleased to remove from Your Council all such as persist to favour and promote any of those Pressures and Corruptions wherewith Your People have been grieved and that for the future Your Majesty will vouchsafe to employ such persons in Your great and publick Affairs and to take such to be near You in places of trust as Your Parliament may have cause to confide in that in Your Princely Goodness to Your People You will reject and refuse all mediation and solicitation to the contrary how powerful and near soever 3. That You will be pleased to forbear to alienate any of the forfeited and escheated Lands in Ireland which shall accrue to Your Crown by reason of this Rebellion that out of them the Crown may be the better supported and some satisfaction made to Your Subjects of this Kingdom for the great expences they are like to undergo this War Which humble desires of ours being graciously fulfilled by Your Majesty we will by the blessing and favour of God most chearfully undergo the hazard and expences of this War and apply our selves to such other courses and counsels as may support Your Royal Estate with Honour and Plenty at home with Power and Reputation abroad and by our Loyal Affections Obedience and Service lay a sure and lasting foundation of the Greatness and Prosperity of Your Majesty and Your Royal Posterity in future times A REMONSTRANCE
the eighteenth day of June in the eighteenth year of Our Reign 1642. Votes of the Lower House for raising an Army against the KING Die Martis 12 Julii 1642. Resolved upon the Question THAT an Army shall be forthwith raised for the Safety of the King's Person defence of both Houses of Parliament and of those who have obeyed their Orders and Commands and preserving of the true Religion the Laws Liberty and Peace of the Kingdom Resolved upon the Question That the Earl of Essex shall be the General Resolved upon the Question That this House doth declare that in this Cause for the Safety of the King's Person defence of both Houses of Parliament and of those who have obeyed their Orders and Commands and preserving of the true Religion the Laws Liberty and Peace of the Kingdom they will live and die with the Earl of Essex whom they have nominated General in this Cause MDCXLII Aug. 8. A Declaration of the Lords and Commons for raising of Forces against the KING Together with His MAJESTY'S Declaration in Answer to the same A Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands as others in several Counties of this Kingdom to lead against all Traitors and their Adherents and them to Arrest and Imprison and to Fight with Kill and Slay all such as shall oppose any of His Majesty's loving Subjects that shall be imployed in this Service by either or both Houses of Parliament WHereas certain Information is given from several parts of the Kingdom That divers Troops of Horse are imployed in sundry Counties of the Kingdom and that others have Commission to raise both Horse and Foot to compel His Majesty's Subjects to submit to the Illegal commission of Array out of a Traiterous intent to subvert the Liberty of the Subject and the Law of the Kingdom and for the better strengthening themselves in this wicked attempt do joyn with the Popish and Jesuitical Faction to put the Kingdom into a Combustion and Civil War by levying Forces against the Parliament and by these Forces to alter the Religion and the Antient Government and lawful Liberty of the Kingdom and to introduce Popery and Idolatry together with an Arbitrary Form of Government and in pursuance thereof have Traitorously and Rebelliously levied War against the King and by force robb'd spoil'd and slain divers of His Majesty's good Subjects travelling about their lawful and necessary occasions in the King's Protection according to Law and namely that for the end and purpose aforesaid the Earl of Northampton the Lord Dunsmore Lord Willoughby of Eresby Son to the Earl of Lindsey Henry Hastings Esquire and divers other unknown persons in the Counties of Lincoln Nottingham Leicester Warwick Oxford and other places the Marquess of Hartford the Lord Paulet Lord Seymour Sir John Stawel Sir Ralph Hopton John Digby Esquire and other their Accomplices have gotten together great Forces in the County of Somerset The Lords and Commons in Parliament duly considering the great Dangers which may ensue upon such their wicked and traitorous Designs and if by this means the Power of the Sword should come into the hands of Papists and their Adherents nothing can be expected but the miserable ruine and desolation of the Kingdom and the bloody massacre of the Protestants they do Declare and Ordain That it is and shall be lawful for all His Majesty's loving Subjects by force of Arms to resist the said several Parties and their Accomplices and all other that shall raise or conduct any other Forces for the ends aforesaid and that the Earl of Essex Lord General with all his Forces raised by the Authority of Parliament as likewise the Lord Say Lieutenant of Oxfordshire Earl of Peterborough Lieutenant of Northamptonshire Lord Wharton Lieutenant of Buckinghamshire Earl of Stamford Lieutenant of Leicestershire Earl of Pembroke Lieutenant of Wiltshire and Hampshire Earl of Bedford Lieutenant of Somersetshire and Devon Lord Brook Lieutenant of Warwickshire the Lord Cranborne Lieutenant of Dorsetshire the Lord Willoughby of Parham Lieutenant of Lincolnshire and all those who are or shall be appointed by Ordinance of both Houses to perform the place of Deputy-Lieutenants and their Deputy-Lieutenants respectively Denzil Hollis Esquire Lieutenant of the City and County of Bristol and the Mayors and Sheriffs of the City and Deputy-Lieutenants there and all other Lieutenants of Counties Sheriffs Mayors Deputy-Lieutenants shall raise all their Power and Forces of their several Counties as well Trained Bands as others and shall have power to conduct and lead the said Forces of the said Counties against the said Traitors and their Adherents and with them to fight kill and slay all such as by force shall oppose them and the Persons of the said Traitors and their Adherents and Accomplices to Arrest and Imprison and them to bring up to the Parliament to answer these their Traiterous and Rebellious Attempts according to Law and the same or any other Forces to transport and conduct from one County to another in aid and assistance one of another and of all others that shall joyn with the Lords and Commons in Parliament for the defence of the Religion of Almighty God and of the Liberties and Peace of the Kingdom and in pursuit of those wicked and Rebellious Traitors the Conspirators Aiders and Abettors and Adherents requiring all Lieutenants of Counties Sheriffs Mayors Justices of Peace and other His Majesty's Officers and loving Subjects to be aiding and assisting to one another in the Execution hereof And for so doing all the parties above-mentioned and all others that shall joyn with them shall be justified defended and secured by the Power and Authority of Parliament Die Lunae Aug. 8. 1642. Ordered that this Declaration be forthwith Printed and Published Hen. Elsinge Cler. Parl. D. Com. His MAJESTY's Declaration in Answer to a Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands c. AS much experience as We have had of the inveterate Rancour and high Insolence of the Malignant Party against Us We never yet saw any expression come from them so evidently declaring it as the Declaration entituled A Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands as others in several Counties of this Kingdom to lead against all Traitors and their Adherents c. In which that Faction hath as it were distilled and contracted all their Falshood Insolence and Malice there being in it not one period which is not either Slanderous or Treasonable And nothing can more grieve Us than that by their infinite Arts and Subtilty employed by their perpetual and indefatigable Industry and by that Rabble of Brownists and other Schismaticks declaredly ready to appear at their Call they should have been able so to draw away some and drive away others of Our good Subjects from Our
direction of the House of Commons till this Parliament it being the first appeal to the People and of a dangerous consequence to Parliaments themselves But as in other things neither Our Desires or Commands have been considered without giving Us leisure to answer either the one or the other special direction is given for the printing that Remonstrance and equal care taken for the publishing it in all places and parts of the Kingdom Having taken this care for the shaking and perplexing the minds of all men the next work was to get such a Power into their hands as might govern and dispose of those Affections To this purpose they had from the beginning of the Parliament by reason of some complaints against the immoderate exercise of the authority of the Lieutenants and their Deputies in raising Coat and Conduct-money and some excesses in them had several debates in the diminution of the Office it self but still grounded upon the illegal Pressures used by them and upon some words in the Commission it self which though of long usage in very happy days were conceived not agreeable to the Law but they were so far from supposing the Office it self or Commission to be illegal that both Houses of Parliament had recommended two Lords to Us and desired Our Commission to make them Lords Lieutenants of Yorkshire and Dorsetshire the only end seeming then to be that good and approved men should be in those imployments and trusts But at last they resolved against the Office it self and would think of some other way to provide for the safety of the Kingdom in that point and in this they had a double end First to fright all persons Members of both Houses who had been Lieutenants and Deputy-Lieutenants to comply with them in their Votes lest they should be called in question for the execution of those Offices a Stratagem they had found to engage many persons to their Opinions as Sheriffs for the collecting Ship-money and all other persons who in truth were or might be made obnoxious to their Power then that by unsettling that whole business of the Militia throughout the Kingdom they might the more easily bring in their own power of governing it as they have since endeavoured to do And thereupon they presumed to bring in such a Bill into the House of Commons to place a General at Land and an Admiral at Sea by Act of Parliament with such Power and Authority over the Lives and Fortunes of all Our Subjects as should be liable to no control nor to be questioned by any Superintendent hand with a pre-pardon for whatsoever they should do under colour of those Offices either of which Officers should have been a much greater Man than Our Self and commanded in Our Kingdom above Us the matter of which Bill to shew their Design is since digested into their new Generals Commission and the pretended Ordinance to the Earl of Warwick And all this was then pretended to be a matter of absolute Necessity for the Preservation of Us and Our Kingdom but at that time it could procure no other credit than to be suffered to rest in the House as an evidence of the liberty might be used in the preferring of Bills They had by this time taken all the licence at their private Cabals to undervalue and vilifie Our Person and Our Power and in publick to give way and countenance to any Scandals upon Us. Letters from the Mayor of Plymouth that the Rebels in Ireland call themselves The Queen's Army and pretend the King's Authority for what they do and store of such Discourses upon such Evidence is every week printed in the Journals of the House which without doubt must be of great authority with Our People who must conceive such Informations to be not only fully and clearly proved but to be accepted and published upon very weighty reasons above the consideration of Our Honour and Safety And now they were to examine what notable credit their Remonstrance and their other general Infusions had got with the People and how ready they would be upon any occasions to venture themselves at their direction They had made themselves so terrible in the House of Commons that by their Threats and their Promises of Places and Preferments to several Men and by the absence of many they had gotten the major part But in the House of Lords their power was not the same that must be wrought another way yet there they had used all means to prevail upon the hopes and fears of such who they thought might that way be dealt with witness among many other things of the same nature that insolent Speech of Mr. Pym to the Earl of Dover That if he looked for any Preferment he must comply with them in their ways and not hope to have it by serving Vs. Shortly after their coming together upon the Recess a new Bill was preferred in the House of Commons for the taking away of the Votes of Bishops out of the House of Peers which being once rejected before ought not by the Course and Order of Parliament to have been admitted again the same Session but that was easily over-ruled and in the House of Commons it did pass many good Man the more willingly concurring therein upon hope that that Bill being once consented to the Fury of that Faction which with so great Violence pursued an absolute Destruction of the Ecclesiastical Government would be abated or that Rage being discerned they would lose that strength which supported them But the Lords quickly found that the Ring-leaders of that Faction had not Ingenuity enough to be compounded with and therefore with them it was not like to find so easie a passage Now their resort was to the People whom upon several occasions they had trained down to Westminster in great multitudes with Swords and Clubs and had often sent for them when any debate was like to be carried against them in either House the particulars whereof We are ready to prove Every Man will conceive We were in a great streight to find Our Self so much disappointed of that return the consciousness of Our own Merit and the many glorious Professions made by both Houses bade Us to expect We saw the Laws absolutely trampled under feet and a Design laid to ruin the Government of the Kingdom and to destroy Us and Our Posterity We saw this Design carried by a few Men whose Hatred and Malice to Our Person We found implacable and their Contempt of Us and Our Authority so visible and notorious that they forbore not to express it in their mention of Us in all companies We saw their Power and Interest to be so great that they were able to mis-lead very many honest Men and to countenance their actions under the name of both Houses of Parliament We were resolved that nothing they should do within those walls should provoke Us till time and the experience good Men should have of them should discover their purposes
Oath upon Our Subjects to execute all the Commands of both Houses They waste and consume the Mony given by Act of Parliament for the discharge of the great Debt of the Kingdom and for the relief of the bleeding Condition of Ireland imploy the Mony brought in by the Adventurers and those Men who are levied by Our Authority and Commission for the preservation of Our miserable Subjects there to serve them in a War against Us whereby all Men may see what reason We had not to consent to a Warrant dormant under pretence of Levies for Ireland which might have furnished them with Men to fight against Us as the same Pretence hath done with all the Arms We had in Our Magazines They commit such of Our Subjects to Prison whom they are pleased to suspect as the Earl of Portland and for no other reason but that they believe them loyal to Us censure and degrade nine Lords at a clap for obeying Our Summons and coming to Us when scarce that number concurred in the Judgment and declared two others Enemies to the Commonwealth taking their Votes from them without so much as summoning them to answer any Charge brought against them They presume to take Tonnage and Poundage by a pretended Ordinance without Our Consent though they have so often pressed it against Us that We took it without theirs and so now dispence with a Praemunire made this Parliament as they have formerly done with Treason Lastly to shew into what hands they intend the Government of this Kingdom shall be put they have reduced the business of the whole Kingdom from both Houses of Parliament into the hands of a few desperate persons who have the power committed to them to act this Tragedy without acquainting the Houses and so have gotten the Authority of King and both Houses of Parliament to destroy all Three make Orders to break up Houses take away Plate and Money because 't is possible the Owners wish it with Us at York send Troops of Horse to make War upon Us in what Counties they please and commit such unheard-of Acts of Oppression and Injustice as no Story can parallel where the least form of Government hath been left that all Our good Subjects may see by what Rules they shall live and what Right they are like to enjoy when these Men have gotten the Sway who in the infancy of their Power and when there is yet left some memory of and reverence to the Laws under which their Fathers lived so happily dare leap over all those known and confessed Principles of Government and Obedience and exercise a Tyranny both over Prince and People more insupportable than Confusion it self And for all this impudent Injustice odious to God and Man what is objected against Us That We will not be advised by Our Parliament In what what one Proposition that is evidently for the ease of Our Subjects have We denied That We have granted many is confessed We will not consent that the Ordinance of the Militia shall be executed and obeyed that is We will not allow that both Houses of Parliament shall make Laws and impose upon the Property and Liberty of Our Subjects Without Our Consent which if We should yield to upon the same pretences of Necessity a word fatal to this Kingdom and the publick good the House of Commons might as well and would quickly come to make Laws without the House of Peers and the common People without either nor are willing that those Men who have discovered all Malice to Our Person and dis-esteem and irreverence of Our Office shall be legally qualified to take up Arms against Us when they shall be thereunto provoked by their Malice or Ambition There can be no new thing said in this Argument We must refer Our good Subjects to Our several Answers Declarations and Proclamations in that point only it will be worth their considering that this extraordinary unheard-of extravagant Power was assumed in a case of peremptory Necessity for the prevention of imminent Danger in the beginning of March how long it was in design before is understood by Sir Arthur Hesilrigge his Bill long preceeding whether any such Danger hath been since discovered and whether unspeakable Calamities have not already and are not like to ensue from that Fountain We wish it were not too apparent And if those Fears and Jealousies which seem to make that Ordinance necessary were indeed real and honest that in truth nothing were desired but putting the Kingdom into a posture that is that all Our Loving Subjects might be provided with Arms and dexterous in the using them if any Invasion or Rebellion should be is not all this Care taken and all this Security provided for by the Commission of Array What honest end can that Ordinance have which is not obtained by the execution of and obedience to that Commission But 't is true the power is not in those hands nor like to be imployed to those uses 't is now intended Who hath not heard these Men say That the alteration they intend and is necessary both in Church and State must be made by blood Are not the Principles by which they live destructive to all Laws and Compacts Is not every thing Necessary they think so and every thing lawful that is in order to that Necessity Sure if Our good Subjects were throughly awake in this business they would think they had much more cause to thank Us for denying this Ordinance than for granting all that We have granted What is there else We do not think Sir John Hotham hath dealt well with Us in keeping Our Town from Us nor do take it kindly that We are robbed of Our Magazine and Munition but think of recovering both by Force because We cannot have them otherwise which will be an actual levying War against Our Parliament This Argument is sufficiently vexed too Our good Subjects will read the Messages Answers Votes and Declarations in this Case and We are sure upon the grounds laid to justifie this Treason no Subject in England hath a House of his own which may not to morrow be given to Sir John Hotham for as long a term as they think fit and he may be sent to morrow to murther Us and be no Traitor and they who shall shut the door against him shall be Delinquents Is there no more Yes We will not submit to those Nineteen dutiful and modest Propositions which have been lately thrown at Us as the necessary means of removing Jealousies and Differences and as the last Complement of all their Scorns and Injuries that Posterity may see to what a tameness We were brought when such things were asked of Us We will not be content that all Our Officers and Ministers of State be they never so faithful to Us so affectionate to their Country never so wise never so honest shall be immediately removed from Us and their places be disgraced and undone and in their rooms these Gentlemen who have
Cessation so limited and qualified they may forthwith proceed to treat upon the Propositions and because the time is so far elapsed in these preparations they desire the Cessation may begin the five and twentieth of this instant March or sooner if it may be and in the mean time notice to be given to all the Forces in the several and remote parts and the Commanders Officers Souldiers are enjoyned to observe this Cessation accordingly to which they hope and pray that God will give such a blessing that thereupon Peace Safety and Happiness may be produced and confirmed to His Majesty and all His People H. Elsinge Cler. Parl. Dom. Com. INSTRUCTIONS agreed on by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Lord Viscount Say and Seal William Pierrepont Esq Sir William Armyne Bar. Sir John Holland Bar. and Bulstrode Whitelocke Esq Committees appointed to attend His MAJESTY upon the Propositions made by His Majesty to the Parliament and likewise upon the other Propositions humbly presented from them to His Majesty I. YOU shall present to His Majesty the Articles agreed on for the Cessation of Arms humbly desiring His Majesty to ratifie and confirm the same under the Great Seal which being obtained you are to send it up to the Parliament with all possible speed and shall likewise beseech the King to dispatch away Messengers to the Generals Commanders and Soldiers of all His Armies and Forces with a strict Command Injunction that they observe those Articles of Cessation according as they are agreed upon as the two Houses likewise intend to give the like direction to the Lord General of the Armies raised for their Defence II. After His Majesty hath declared and ratified the Cessation you shall then proceed to the Treaty beginning with the first Proposition on His Majesty's behalf concerning His Majesty's own Revenue his Magazines Towns Forts and Ships and thereunto make this Answer You shall declare That the two Houses of Parliament have not made use of His Majesty's own Revenue but in a very small proportion which for a good part hath been employed in the maintenance of His Majesty's Children according to the allowance established by Himself and they will satisfie what shall remain due to His Majesty of those Sums received out of His Majesty's own Revenues and shall leave the same to His Majesty for the time to come And you likewise shall propound to His Majesty that He will restore what hath been taken for His use upon any of the Bills assigned to other purposes by several Acts of Parliament or out of the provision made for the War of Ireland That they will remove the Garrisons out of all Towns and Forts in their hands wherein there were no Garrisons before these Troubles and slight all Fortifications made since that time which Towns and Forts it is to be agreed on both parts shall continue in the same condition they were in before and that those Garrisons shall not be renewed nor the Fortifications repaired without Consent of His Majesty and both Houses of Parliament That for those Towns and Forts which are within the Jurisdiction of the Cinque Ports they shall be delivered up into the hands of such a Noble person as His Majesty shall appoint to be Warden of the Cinque-Ports being such a one as they shall confide in That the Town of Portsmouth shall be reduced to the number of the Garrison as was at the time when the Lords and Commons undertook the custody thereof and such other Forts Castles and Towns as were formerly kept by Garrisons as have been taken by them into their care and custody since the beginning of these Troubles shall be reduced to such proportion of Garrison as they had in the year 1636 and shall be so continued and that all the said Towns Forts and Castles shall be delivered up into the hands of such persons of Quality and Trust to be likewise nominated by His Majesty as the two Houses shall confide in That the Warden of the Cinque-Ports and all Governours and Commanders of Towns Castles and Forts shall keep the same Towns Castles and Forts respectively for the Service of His Majesty and the Safety of the Kingdom and that they shall not admit into any of them any Forein Forces raised without His Majesty's Authority and Consent of the two Houses of Parliament and they shall use their uttermost endeavours to suppress all Forces whatsoever raised without such Authority and Consent and they shall seise all Arms and Ammunition provided for any such Forces That the Ships shall be delivered into the Charge of such a Noble person as His Majesty shall nominate to be Lord High-Admiral of England and the two Houses of Parliament confide in who shall receive the same Office by Letters Patent quamdiu bene se gesserit and shall have power to nominate and appoint all subordinate Commanders and Officers and have all other powers appertaining to the Office of High-Admiral which Ships he shall employ for the defence of the Kingdom against all Forein Forces whatsoever and for the safeguard of Merchants securing of Trade and the guarding of Ireland and the intercepting of all Supplies to be carried to the Rebels and shall use his uttermost endeavour to suppress all Forces which shall be raised by any person without His Majesty's Authority and Consent of the Lords and Commons in Parliament and shall seise all Arms and Ammunition provided for supply of any such Forces That all the Arms and Ammunition taken out of His Majesty's Magazines which shall remain in their hands shall be delivered into His Stores and whatsoever shall be wanting they will in convenient time supply in kind according to the proportions which they have received and that the Persons to whose charge those publick Magazines shall be committed being nominated by His Majesty shall be such as the Lords and Commons shall confide in And you shall propound to His Majesty that He will restore all such Arms and Ammunition as have been taken for His use from the several Counties Cities and Towns To the Proposition made by the two Houses concerning the disbanding of the Armies you shall humbly desire His Majesties speedy and positive Answer unto which if He shall be pleased to give His Assent you shall then beseech His Majesty in the name of both Houses that a near day may be agreed upon for the disbanding of all the Forces in the remote parts of Yorkshire and the other Northern Counties as also in Lancashire Cheshire and in the Domiion of Wales and in Cornwal and Devon and they being fully disbanded another day may be agreed on for the disbanding of all Forces in Lincolnshire Nottinghamshire Leicestershire and all other places except at Oxford and the Quarters thereunto belonging and Windsor and the Quarters thereunto belonging and that last of all a speedy day be appointed for the disbanding those two Armies at Oxford and Windsor and all the Forces
Members of either of them That some Officers of both Armies may speedily meet to agree of the manner of the disbanding and that fit Persons may be appointed by His Majesty and the Parliament who may repair to the several Armies and see the disbanding put in speedy execution accordingly That his Majesty do likewise remove the Garrisons out of Newcastle and all other Towns Castles and Forts where any Garrisons have been placed by Him since these Troubles and that the Fortifications be likewise slighted and the Towns and forts left in such state and condition as they were in the year 1636. That all other Towns Forts and Castles where there have been formerly Garrisons before these Troubles be committed to the charge of such Persons to be nominated by His Majesty as the Parliament shall confide in and under such Instructions as are formerly mentioned That if His Majesty shall be pleased to assent to these Propositions concerning the Towns Forts Castles Magazines and Ships that then His Majesty be humbly intreated to name Persons of Quality to receive the charge of the several Offices and Forts Castles and Towns to be forthwith certified to the two Houses of Parliament that thereupon they may express their confidence in those persons or humbly beseech His Majesty to name others none of which Persons shall be removed during three years next ensuing without just cause to be approved by Parliament and if any be so removed or shall dye within the said space the Person to be put into the same Office shall be such as both Houses shall confide in That all Generals and Commanders in any of the Armies on either side as likewise the Lord Admiral of England the Lord Warden of the Cinque-ports all Commanders of any Ships and Commanders of any Town Castle or Fort shall take an Oath to observe these Articles afore-mentioned and to use their uttermost power to preserve the true Reformed Protestant Religion and the Peace of the Kingdom against all Forein Force and all other Forces raised without His Majesties Authority and Consent of the two Houses of Parliament You shall move His Majesty that for the better dispatch of the Treaty and the free intercourse of Instructions and Advertisements betwixt the two Houses of Parliament and the Committee there may be a free pass of Messengers to and from the Parliament and the Committee without search or interruption and His Majesty's safe Conduct to be obtained to that effect to such Persons as are or shall be appointed for that service viz. for Master John Rushworth Master Mithael Welden Master John Corbet of Graies Inn and Master James Standish H. Elsinge Cler. Parl. D. Com. The KING's Message concerning the Cessation 23 Martii 1642. CHARLES R. HIS Majesty hath immediately upon their arrival admitted the Committee sent to Him from both Houses of Parliament as the Messengers of Peace to His Royal Presence and received the Articles of Cessation brought by them which are in effect the same His Majesty formerly excepted to though their expression in the Preface to these Articles of their readiness to agree to those Alterations and Additions offered by His Majesty in such manner as is expressed made Him expect to have found at least some of the real Alterations and Additions made by Him admitted which He doth not discover I. His Majesty desired that Provision might be made and Licence given to His good Subjects for their freedom of Trade Traffick and Commerce though in matters which concerned Himself more immediately as in Arms Ammunition Mony Bullion and Victual for the use of His Army and the Passage of all Officers and Souldiers of His Army He was contented the restraint should be in such manner as was proposed of which His Majesty is so tender that as he hath provided for the same by His gracious Proclamations so He doth daily release and discharge such Merchandize and Commodities as are contrary to those Proclamations stayed by any of His Majesties Forces To this Freedom and Liberty of His good Subjects there is not the least admission given by these Articles so that they have not any ease or benefit by this Cessation which His Majesty desires both Houses to consider of and whether if His Majesty should take the same course to stop and interrupt the Trade of the Kingdom as the other Army doth a general Loss and Calamity would not seize upon His good Subjects II. His Majesty to the end that a full Cessation might be as well at Sea as at Land and He might be secured that the Ships proposed to be set forth for the Defence of His Majesties Dominions should be employed only to that end and purpose desired that they might be put under the Command of Persons to be approved of by His Majesty which is not consented to by these Articles but their former to which His Majesty excepted strictly and entirely insisted on by which besides that part of Hostility remains the conveying of any number of Forces from any part to any other by that means remains free to them III. For the prevention of any Inconveniences which might arise upon real Differences or Mistakes upon the latitude of Expressions as if His Majesty should now consent to these Articles proposed in the Terms proposed He must confess the Army of which He complains to be raised by the Parliament and either Himself to be no part of the Parliament or Himself to have raised that Army and for prevention of that Delay which He foresaw could not otherwise be avoided if upon every Difference the Questions must be remitted to London His Majesty desired that the Committee for whom He then sent a safe Conduct might have liberty to debate any such Differences and Expressions and reconcile the same that all possible Expedition might be used to the main Treaty In this point of so high Concernment no power is given in these Articles and the Committee confessed to His Majesty they have no Power given but are strictly and precisely bound to the very words of the Articles now sent and that before these are consented to by Us they cannot enter into any Treaty concerning the other Propositions IV. His Majesty desired that during the Cessation none of His good Subjects might be imprisoned otherwise than according to the known Laws of the Land This is in no degree consented to but the priviledge and liberty to which they were born reserved from them till the disbanding of both Armies though they are no part of either Army and so have no benefit by this Cessation V. His Majesty desired that during this Cessation there should be no Plundering or Violence offered to any of His Subjects In the Answer to which His desire against Violence is not at all taken notice of nor is His desire against Plundering any ways satisfied His Majesty not only intending by it the robbing of the Subject by the unruliness of the uncommanded Souldier which their Clause of requiring the Generals and
Towns and Forts which are within the Jurisdiction of the Cinque-Ports they shall be delivered up into the hands of such a Noble Person as Your Majesty shall appoint to be Warden of the Cinque-ports being such a one as they shall confide in That the Town of Portsmouth shall be reduced to the number of the Garrison as was at the time when the Lords and Commons undertook the custody thereof and such other Forts Castles and Towns as were formerly kept by Garrisons as have been taken by both Houses of Parliament into their care and custody since the beginning of these Troubles shall be reduced to such proportioon of Garrison as they had in the year 1636. and shall be so continued and that all the said Towns Forts and Castles shall be delivered up into the hands of such persons of quality and trust to be likewise nominated by Your Majesty as the two Houses of Parliament shall confide in That the Warden of the Cinque-ports and all Governours and Commanders of Towns Castles and Forts shall keep the same Towns Castles and Forts respectively for the Service of Your Majesty and the Safety of the Kingdom and that they shall not admit into any of them any forein Forces or any other Forces raised without Your Majesty's Authority and Consent of the two Houses of Parliament and they shall use their utmost endeavours to suppress all Forces whatsoever raised without such Authority and Consent and they shall seize all Arms and Ammunition provided for any such Forces They likewise humbly propose to Your Majesty that you would remove the Garrisons out of Newcastle and all other Towns Castles and Forts where any Garrisons have been placed by Your Majesty since these Troubles and that the Fortifications be likewise slighted and the Towns and Forts left in such state and condition as they were in in the year 1636. That all other Towns Forts and Castles where there have been formerly Garrisons before these Troubles may be committed to the charge of such persons to be nominated by Your Majesty as both Houses of Parliament shall confide in and under such Instructions as are formerly mentioned And that those new Garrisons shall not be renewed nor their Fortifications repaired without Consent of Your Majesty and both Houses of Parliament Northumberland Will. Pierrepont John Holland Will. Armyne B. Whitelocke March 28. 1643. HIS Majesty is content that all the Garrisons in any Towns and Forts in the hands of any persons imployed by the two Houses of Parliament wherein there were no Garrisons before these Troubles be removed and all Fortifications made since that time may be slighted and those Towns and Forts shall for the future continue in the same condition they were in before For the Cinque-ports they are already in the Custody of a Noble person against whom His Majesty knows no just Exceptions and who hath such a Legal Interest therein that His Majesty cannot with justice remove Him from it untill some sufficient Cause be made appear to Him but is willing if He shall at any time be found guilty of any thing that may make him unworthy of that Trust that he may be proceeded against according to the rules of Justice The Town of Portsmouth and all other Forts Castles and Towns as were formerly kept by Garrisons shall be reduced to their ancient proportion and the government of them put into the hands of such persons against whom no just Exceptions can be made all of them being before these Troubles by Letters Patents granted to several persons against any of whom His Majesty knows not any Exceptions and who shall be removed if just cause shall be given for the same The Warden of the Cinque-ports and all Governors and Commanders of Towns Castles and Forts shall keep the same Towns Castles and Forts as by the Law they ought to do for His Majesty's Service and the Safety of the Kingdom and they shall not admit into any of them Forein Forces or other Forces raised or brought in contrary to the Law but shall use their utmost endeavour to suppress all such Forces and shall seize all Arms and Ammunition which by the Laws and Statutes of the Kingdom they ought to seize The Garrisons of Newcastle and all other Towns Castles and Forts in which Garrisons have been placed by His Majesty since these Troubles shall be removed and all the Fortifications shall be slighted and the Towns and Forts left in such state and condition as they were in the year 1636. All other Towns Forts and Castles where there have been formerly Garrisons before these Troubles shall be committed to the charge of such persons and under such cautions and limitations as His Majesty hath before exprest And no new Garrisons shall be renewed nor their Fortifications repaired otherwise than as by the Laws and Statutes of the Kingdom they may or ought to be Falkland March 29. 1643. COncerning the appointing of the Warden of the Cinque-ports and Governors of Your Majesty's Towns Castles and Forts we humbly desire to know if Your Majesty's Reply doth intend that both Houses of Parliament may express their Confidence of the persons to whose trust those places are to be committed for that we are directed by our Instructions that if Your Majesty be pleased to assent thereunto that You would nominate persons of Quality to receive the charge of them that we may forthwith certifie both Houses of Parliament that thereupon they may express their Confidence in those persons or humbly beseech Your Majesty to name others none of which persons to be removed during three years next ensuing without just cause to be approved by both Houses of Parliament and if any be so removed or shall dye within the said space the persons to be put in the same Offices shall be such as both Houses shall confide in We humbly desire to know if Your Majesty intends the Garrison of Portsmouth to be of such a proportion as it was about the year 1641. about which time a new supply was added to the former Garrison to strengthen it which both Houses of Parliament think necessary to continue We humbly desire Your Majesty would be pleased to give a more full Answer to this Clause that they should not admit into them any forein or other Forces Raised without Your Majesty's Authority and Consent of the two Houses of Parliament and that they shall use their utmost endeavours to suppress all Forces whatsoever Raised without such Authority and Consent and that those Garrisons should not be renewed or their Fortifications repaired without Consent of Your Majesty and both Houses of Parliament Northumberland J. Holland Will. Armyne B. Whitelocke Will. Pierrepont April 5. 1643. HIS Majesty doth not intend that both Houses of Parliament shall express their Confidence of the persons to whose trust the Cinque-ports or other His Majesty's Towns Castles and Forts now are or shall be committed but only that they shall have liberty upon any just Exceptions to proceed
against any such persons according to Law His Majesty being resolved not to protect them against the publick Justice And well knowing that when any of those places shall be void the Nomination and free Election is a Right belonging to and inherent in His Majesty and having been enjoyed by all His Royal Progenitors His Majesty will not believe that His well-affected Subjects will desire to limit Him in that Right His Majesty intends the Garrison of Portsmouth to be of such a proportion as it was in the year 1641. except He finds good cause to enlarge or diminish that proportion His Majesty cannot give a more full Answer to that Clause concerning the admission of Forces into any of His Forts Castles and Towns than He hath already given His Majesty having therein made the Laws and Statutes of the Kingdom the Rule of what is or what is not to be done which will be always the most impartial Judge between Him and His People Falkland April 10. 1643. BY Instructions yesterday received from both Houses of Parliament we are commanded humbly to desire another Answer from Your Majesty concerning the Cinque-ports Towns Forts and Castles Your Majesty's former Answers concerning them being in the most material points express Denials as both Houses of Parliament understand them Northumberland J. Holland W. Armyne W. Pierrepont B. Whitelocke April 14. 1643. HIS Majesty will not at this time remember the many Acts of Grace and Favour He hath passed this Parliament for the good of His People but He must say He hath not denied any one thing proposed to Him by both Houses which in Justice could be required of Him or in Reason expected and He hath been and is still so unwilling to give a denial to both His Houses that as they shall be sure to receive none to any Proposition they shall make of right so in matters of Grace and Favour He shall be willing to receive any information and reason which at any time may invite him to consent and therefore will gladly receive any Reason from the Committee or both Houses which may induce His Majesty to give another Answer than what He hath already given in the point of the Cinque-ports Forts and Castles but till such be given He cannot consent to dispossess any of His Servants of what they are legally possest of without a just Cause exprest or to quit His own Right of sole disposing of their Commands no other cause yet appearing to Him than that the places they command have been taken from Him Falkland April 14. 1643. YOur Majesty in one of Your Papers this day delivered unto us mentions that You would gladly receive any Reason from both Houses or their Committee which may induce Your Majesty to give another Answer than what you have already given in the point of the Cinque-ports Forts Castles and Magazines We did according to our Instructions humbly desire Your Majesty that the Cinque-ports Forts and Castles might be put into the hands of such Noble persons and persons of Quality and Trust to be nominated by Your Majesty as the two Houses of Parliament should confide in and to be kept for Your Majesty's Service and the Safety of the Kingdom that no Forein Forces or other Forces raised without Your Majesty's Authority and Consent of the two Houses of Parliament should be admitted into any of them and the Commanders to use their utmost endeavours to suppress all Forces raised without such Authority and Consent and to seize all Arms and Ammunition provided for any such Forces Unto which we humbly desire Your Majesty's Gracious assent and to our other desires concerning Your Majesty's first Proposition and the first Proposition of both Houses of Parliament for that we humbly conceive Your Consent thereunto will be the best means for such a Peace to be made as will be safe firm and lasting the which is not to be hoped for except there be a cure for Fears and Jealousies for which an apparent Remedy is to disband all Forces and the same to be so mutually done as neither part to have any Force remaining of which the other may be jealous or in fear But if for other causes not concerned in these unhappy Differences Forces are to be retained as in the Cinque-ports and in some Forts Towns and Castles for the Defence of the whole Kingdom against forein Enemies that then the same may remain in the hands of such persons with such powers as both parts might believe themselves secure for if the same places were considered in relation only to these unnatural Destempers and to the settling thereof the Forces in them were likewise to be disbanded Northumberland J. Holland Will. Pierrepont Will. Armyne B. Whitelocke April 15. 1643. AS His Majesty was and is very desirous to receive any Reason from both Houses or their Committee which might induce His Majesty to give other Answers if what He hath or shall give do not satisfie so He rather expected those Reasons should have had their foundation in the Law of the Land and have shewed Him that by Law He had not the Right He pretended or that by that or by some fundamental Law they had a Right superiour to His in what was now in question or have shewed Him some Legal Reason why the Persons trusted by Him were incapable of that trust than only have insisted upon Fears and Jealousies of which as He knows not the Ground so He is ignorant of the Cure But this His Majesty knows that if readiness to acknowledge retract and provide against for the future any thing of errour that hath hapned against Law and having actually passed more important Bills and parted with more of His known Rights for the satisfaction of His Subjects than not only any one but all His Predecessors would have been thought a sufficient Remedy for Fears and Jealousies the Kingdom might still have injoyed a safe firm and lasting Peace and those would not first have been made a reason to seize upon His Rights and then after have been made an Argument to perswade Him to part with them And His Majesty wonders the Committee should not see that this Argument might extend to the depriving Him of or at least sharing with Him in all His just Regal Power since Power as well as Forces may be the object of Fears and Jealousies and there will be always a power left to hurt whilest there is any left to protect and defend and that if those Rights which He received from His Predecessors were really so formidable that would have been more feared before which is now feared so much and His Forts and Castles would either not have been attempted or at least have enabled Him to defend and keep them and have kept this from being a Question now between them Which since they could not do His Majesty if He had as much inclination as He hath more right to Fears and Jealousies might have more reason to insist upon some adition
of Power as a security to enable Him to keep His Forts when He hath them than they to make any difficulty to restore them to Him in the same condition they were before But as His Majesty contents Himself with so He takes God to witness His greatest desire is always to observe and maintain the Law of the Land and expects the same from His Subjects and believes the mutual observance of that Rule and neither of them to fear what the Law fears not to be on both parts a better Cure for that dangerous Disease of Fears and Jealousies and a better means to establish a happy and perpetual Peace than for His Majesty to devest Himself of those Trusts which the Law of the Land hath settled in the Crown alone to preserve the Power and Dignity of the Prince for the better Protection of the Subject and of the Law and to avoid those dangerous Distractions which the interest of any Sharers with Him would have infallibly produced Falkland The Papers concerning the Ships March 27. 1643. TO that part of Your Majesty's first Proposition which concerns Your Ships we humbly give this Answer That the Ships shall be delivered into the charge of such a Noble person as Your Majesty shall nominate to be Lord High-Admiral of England and the two Houses of Parliament confide in who shall receive the same Office by Letters Patents quamdiu se bene gesserit and shall have power to nominate and appoint all subordinate Commanders and Officers and have all other powers appertaining to the Office of High-Admiral which Ships he shall employ for the defence of the Kingdom against all forein Forces whatsoever and for the safeguard of Merchants securing of Trade and the guarding of Ireland and the intercepting of all supplys to be carried to the Rebels and shall use his utmost endeavour to suppress all Forces which shall be raised by any person without Your Majesty's Authority and Consent of the Lords and Commons in Parliament and shall seize all Arms and Ammunition provided for supply of any such Forces Northumberland W. Pierrepont W. Armyne J. Holland B. Whitelocke March 28. 1643. HIS Majesty expects that His own Ships be forthwith delivered to Him as by the Law they ought to be And when He shall please to nominate a Lord High-Admiral of England it shall be such a Noble person against whom no just Exception can be made and if any shall be His Majesty will always leave him to his due tryal and examination and grant his Office to him by such Letters Patents as have been used In the mean time His Majesty will govern the said Admiralty by Commission as in all times hath been accustomed And whatever Ships shall be set forth by His Majesty or His Authority shall be imployed for the defence of the Kingdom against all Forein Forces whatsoever for the safeguard of Merchants securing of Trade guarding of Ireland and the intercepting of all Supplys to be carried to the Rebels and shall use their utmost endeavours to suppress all Forces which shall be raised by any Person whatsoever against the Laws and Statutes of the Kingdom and to seize all Arms and Ammunition provided for the supply of any such Forces Falkland March 29. 1643. WE humbly desire Your Majesty would be pleased to give a more full Answer to the Clause for the Ships to be delivered into the charge of such a Noble person as Your Majesty shall nominate to be Lord High-Admiral of England and the two Houses of Parliament confide in who shall receive the same Office by Letters Patents quamdiu se bene gesserit And to that Clause to suppress all Forces which shall be raised by any person without Your Majesty's Authority and Consent of the Lords and Commons in Parliament Whereunto if Your Majesty shall be pleased to give Your Assent we conceive we are then directed by our Instructions humbly to desire Your Majesty to nominate such a Noble person to be Lord High-Admiral of England that we may forthwith certifie both Houses of Parliament that thereupon they may express their confidence in that Person or humbly beseech Your Majesty to name another and that in case such Noble person who shall be appointed to be Lord High-Admiral of England shall be removed or shall dye within the space of three years next ensuing that the Person to be put in the same Office shall be such as both Houses shall confide in Northumberland W. Pierrepont W. Armyne J. Holland B. Whitelocke April 5. 1643. HIS Majesty conceives His former Answer of the 28. of March concerning His Ships to be so full that He can add nothing thereunto in any part of it His Majesty conceiving it all the Justice in the world for Him to insist that what is by Law His own and hath been contrary to Law taken from Him be fully restored unto Him without conditioning to impose any new limitation upon His Majesty or His Ministers which were not formerly required from them by Law and thinking it most unreasonable to be prest to diminish His own just Rights Himself because others have violated and usurped them Falkland April 10. 1643. BY Instructions yesterday received from both Houses of Parliament we are commanded humbly to insist upon the desires of both Houses expressed in our former Papers concerning the Ships And both Houses of Parliament do observe in Your Majesties Answer not only a Denial to all their Desires but likewise a Censure upon their Proceedings Northumberland W. Pierrepont W. Armyne J. Holland B. Whitelocke April 14. 1643. HIS Majesty for the present forbears any farther Answer touching His Ships desiring first to receive the Answer of both Houses to His Message of the twelfth of this month But His Majesty will howsoever before their departure hence give them a further Answer Falkland April 15. 1643. HIS Majesty gave so clear a Reason to justifie what He insisted upon in the point of the Ships that He cannot but wonder to see the same again prest to Him and yet both the Reason He gave left unanswered and no other Reason opposed to weight against it His Majesty's end in this was not to lay any Censure upon their Proceedings but it being necessary to the matter in question for His Majesty to say what had been done and the matter of fact being such as it seems could not be repeated but it must appear to be censured His Majesty did not think Himself bound to be so tender of seeming to censure their Proceedings as by waving His own true reasonable Justifications to leave His own naked and exposed to a general Censure And His Majesty hopes that since they esteem His saying that they have taken His Ships from Him contrary to Law to be a Censure they will either produce that Law by which they took them or free themselves from so just and unconfutable a Censure by a speedy and unlimited Restauration Upon which Demand His Majesty's care of His ancient and
undoubted Rights doth oblige Him to insist And when His Majesty shall think fit to make an Admiral as near as He can He shall be such an one against whom no just Exception can be made and if any shall be offered He will readily leave him to the tryal of the Law Falkland The Papers concerning an Oath for Officers March 29. 1643. WE are humbly to desire Your Majesty that all Generals and Commanders in any of the Armies on either side as likewise the Lord Admiral of England the Lord Warden of the Cinque-Ports all Commanders of any Ships and Commanders of any Town Castle or Fort may take an Oath to observe the Articles formerly mentioned and to use their utmost power to preserve the true Reformed Protestant Religion and the Peace of the Kingdom against all Foreign Forces and all other Forces raised without Your Majesty's Authority and Consent of the two Houses of Parliament Northumberland W. Pierrepont W. Armyne J. Holland B. Whitelocke April 5. 1643. HIS Majesty conceives the Oaths which all those Officers are already by Law obliged to take to be very fully sufficient But if any thing shall be made appear unto Him necessary to be added thereunto when there shall be a full and peaceable Convocation in Parliament His Majesty will readily consent to an Act for such an addition Falkland April 10. 1643. BY Instructions yesterday received from both Houses of Parliament we are commanded humbly to inform Your Majesty that both Houses of Parliament conceive the ordinary Oaths of the Officers mentioned in Your Answer concerning the same are not sufficient to secure them against the extraordinary causes of Jealousie which have been given them in these troublesome times and that Your Majesty's Answer lays some tax upon the Parliament as if defective and thereby uncapable of making such a provisional Law for an Oath Therefore we are humbly to insist upon our former desires for such an Oath as is mentioned in those Papers which we have formerly presented to Your Majesty concerning this matter Northumberland John Holland W. Armyne W. Pierrepont B. Whitelocke April 14. 1643. HIS Majesty did not refuse by His former Answer to consent to any such Oath as shall be thought necessary though He did and doth still conceive the Oaths already settled by Law to be sufficient neither did He ever suppose the Parliament incapable of making a provisional Law for such an Oath but as He would be willing to apply any proper remedy to the extraordinary causes of Jealousies if He could see that there were such causes so He will be always most exact in observing the Articles agreed on in preserving the true Reformed Protestant Religion and the Peace of the Kingdom against Foreign Forces and other Forces raised or imployed against Law And when both Houses shall prepare and present such an Oath as they shall make appear to His Majesty to be necessary to those ends His Majesty will readily consent to it Falkland The Papers concerning the Disbanding of the Armies March 28. 1643. His MAJESTY's Answer to the first Proposition of both His Houses of Parliament HIS Majesty is as ready and willing that all Armies be disbanded as any person whatsoever and conceives the best way to it to be a happy and speedy conclusion of the present Treaty which if both Houses will contribute as much to it as His Majesty shall do will be suddenly effected And that this Treaty may the sooner produce that effect His Majesty desires that the time given to the Committee of both Houses to treat may be enlarged And as His Majesty desires nothing more than to be with His two Houses so He will repair thither as soon as He can possibly do it with His Honour and Safety Falkland March 29. 1643. WE are directed by our Instructions humbly to desire Your Majesty's speedy and positive Answer concerning the Disbanding of the Armies to which if Your Majesty be pleased to assent we are then to beseech Your Majesty in the name of both Houses that a near day may be agreed upon for the Disbanding of all the Forces in the remote parts of Yorkshire and the other Northern Counties as also in Lancashire Cheshire and in the Dominion of Wales and in Cornwall and Devonshire and they being fully disbanded another day may be agreed on for the Disbanding of all Forces in Lincolnshire Nottinghamshire Leicestershire and all other places except at Oxford and the Quarters thereunto belonging and Windsor and the Quarters thereunto belonging and that last of all a speedy day may be appointed for the Disbanding of those two Armies at Oxford and Windsor and all the Forces members of either of them That some Officers of both Armies may speedily meet to agree of the manner of the Disbanding and that fit persons may be appointed by Your Majesty and both Houses of Parliament who may repair to the several Armies and the see Disbanding put in speedy execution accordingly Northumberland W. Pierrepont J. Holland W. Armyne B. Whitelocke March 29. 1643. COncerning Your Majesty's Answer to the Proposition of both Houses for Disbanding of the Armies We humbly desire to know if by the words By a happy and speedy Conclusion of the present Trevty Your Majesty do intend a Conclusion of the Treaty on Your Majesty's first Proposition and their Proposition for Disbanding the Armies or a Conclusion of the Treaty in all the Propositions of both parts We have given speedy notice to both Houses of Parliament of Your Majesty's desires that the time given to the Committee of both Houses to treat may be enlarged To the last Clause we have no Instructions Northumberland Will. Pierrepont Will. Armyne Joh. Holland B. Whitelocke April 5. 1643. HIS Majesty intended by the words By a happy and speedy Conclusion of the Treaty such a Conclusion of or in the Treaty as there might be a clear evidence to Himself and His good Subjects of a future Peace and no ground left for the continuance or growth of these bloody Dissentions which He doubts not may be obtained if both Houses shall consent that the Treaty may proceed without further interruption or limitation of days Falkland April 5. 1643. WHEN the time for Disbanding the Armies shall be agreed upon His Majesty well approves that some Officers of both Armies may speedily meet to agree of the manner of Disbanding and that fit persons may be appointed by His Majesty and both Houses of Parliament who may repair to the several Armies and see the Disbanding speedily put in execution accordingly Falkland April 6. 1643. WE humbly desire to know if by the words By a happy and speedy conclusion of the present Treaty Your Majesty intends a Conclusion of the present Treaty on Your Majesty's first Proposition and the Proposition of both Houses for Disbanding of the Armies or a Conclusion of the Treaty on all the Propositions of both parts And what Your Majesty intends to be a clear evidence to Your Self and Your good
for the Defence of themselves their Religion and Liberty and strengthen the Malignant and Popish Army raised against them which they made appear by their humble Answer to those Alterations and Articles which are herewith at large published and therefore do refer themselves thereunto And in the interim while His Majesty was considering of this their humble Answer they gave power to their Committee to treat upon the two first Propositions for four days which afterwards they enlarged to the end of twenty days And within some distance of time afterwards they received a very long Message from His Majesty which indeed carried not with it the face or semblance of a Treaty but in plain down-right language was a bitter Invective against the two Houses of Parliament and their Proceedings so that by this time it might very well appear That the enemies of the Kingdoms Peace so really prosecuted and likely to be effected by the earnest endeavours of both Houses thought it high time to cast in their tares of Sedition to prevent the growth of so blessed a fruit In this Message after very heavy Taxes and unjust Scandals and Accusations laid to their charge forced in quite besides the question His Majesty condescended to the Cessation in manner as was agreed on by both Houses to continue only for five days expecting a liberty notwithstanding to be given the Committee to word it according to the real Intention and so that His Majesty might not be understood to consent to any Imposing upon Levying Distraining or Imprisoning of His Subjects to force them to Contribute expresly protesting against it and inhibiting His Subjects to submit thereunto and requiring them to resist and so that there might not be a liberty for Seizing upon His Subjects by any Soldiers of the Army for not submitting to such Impositions Which offer of His Majesty's being but a Cessation only for five days and some part of that time to be first spent by the Committee in wording of it and limited with a Protestation against and a Command to resist that Power whereby their Forces must be paid and supported which if not answered and justified would by a consent to His Majesty's offer imply a declining of that power which might indanger the Disbanding of their Army and if answered would necessarily have enforced them to some sharpness of language which the enemies of this Treaty would easily take occasion to quarrel at and perswade His Majesty to break off which the Lords and Commons out of their hearty zeal to bring it to a happy conclusion did purposely avoid therefore they did not only pass by these Scandals and unjust Accusations laid to their charge by that Message but purposely declined to enter into any dispute of their power for maintaining the Forces raised for their own necessary defence and therefore thought it best to spend the remainder of the time in Treating upon the Propositions and for that end enjoyned their Committee as much as in them lay to hasten it especially that part touching the Disbanding which being concluded would not only produce a temporary Cessation but an absolute abolition of all acts of Hostility The proceedings and issue of which Treaty the Lords and Commons think it necessary to publish to the Kingdom to the end the sincerity of their endeavours to procure a happy settlement of these miserable Distractions may appear When they perceived that the most part of the time prescribed for the Treaty was like to be spent about the Cessation they gave power to their Committee in the mean time to treat upon the Propositions in order as they had formerly Voted and therefore beginning with His Majesty's first Proposition whereby His Majesty demanded That his own Revenue Magazines Towns Forts and Ships which had been taken or kept from Him by force should be forthwith restored unto Him the Lords and Commons by their Committee made Him this humble Answer First That as to his Revenue they had not made use of it but in a small proportion and a good part of that was employed for the maintenance of His own Children according to the allowance established by Himself That what should remain due to His Majesty they would satisfy and would leave the same to His Majesty for the time to come They likewise thereupon propounded to His Majesty That He would restore what had been taken for His use upon any of the Bills assigned to other purposes by several Acts of Parliament as out of the provision made for the Wars of Ireland Which offer of theirs after some debate thereupon with the Committee was thought reasonable and in effect concluded And as to the Demand of the Towns Forts and Ships they in substance gave this humble Answer That they would deliver up such as remained in their hands into the hands of such persons of worth quality and trust to be nominated by His Majesty as the two Houses of Parliament should confide in none of which persons to be removed during three years next ensuing without just cause to be approved of by both Houses That the Warden of the Cinque-Ports and all Governours and Commanders of Towns Forts and Castles should keep the same respectively for the Service of His Majesty and the Safety of the Kingdom and that they should not admit into them any Forein Forces or any other Forces raised without His Majesty's Authority and Consent of the two Houses of Parliament and they should use their uttermost endeavours to suppress all Forces raised without such Authority and Consent and seize all Arms and Ammunition provided for any such Forces Unto which Offer of theirs His Majesty gave this conclusive Answer That His Majesty did not intend that both Houses of Parliament should express their Confidence of the persons to whose trust the Cinque-Ports or other His Majesty's Towns and Forts were or should be committed but that they should have liberty to proceed against them according to Law His Majesty claiming the nomination and free election to belong to Him of right And to the Clause concerning the admission of Forces into those Forts Castles and Towns His Majesty would consent no further than these general terms that is That no Forces raised or brought in contrary to Law should be admitted and that all Arms and Ammunition should be seized upon which by the Laws and Statutes of the Kingdom they ought to seize They made the like Answer concerning the Ships That they should be delivered into the hands of such a Noble Person as His Majesty should nominate to be Lord High-Admiral of England and the two Houses of Parliament confide in To which Offer his Majesty refused His Consent declaring His Resolution to insist upon what by Law was His own as His Majesty was pleased to express it and taken from Him should be restored unto Him without any conditioning or new limitations to be put upon Him or His Ministers And now the Lords and Commons will refer it to the World
Law Himself and deny all Judgment to both Houses to shew how willing He was that both Houses should be the Judges of what belonged to them to Judge whensoever they might be in that full and free condition in which it belonged to them to be and to avoid the Destruction of the Kingdom which would be occasioned by the delay of Disbanding if that were not ended before all the present Differences His Majesty proposed this way of a full and free Meeting in Parliament and to refer those many Differences between Him and the remaining part of both Houses on which He might with Justice have insisted and which in themselves were necessary to be settled till they might be settled in that Meeting and insisted for the present only upon that which was necessary for the setling of such a Meeting And in such a Convention if the Persons now in question should upon debate have appeared guilty of such Crimes wherewith this Declaration charges them as to have deserted the House when intolerable Tumults and unjustifiable Votes drove them from it to have disobeyed and contemned the Authority of the House for not having submitted their Allegiance to that Authority to have neglected the Trust reposed in them for staying no longer where they could not with freedom discharge it and to have by Practices and Hostility endeavoured to destroy both Parliament and People for having assisted His Majesty and defended His Person against an Army raised and fighting against Him His Majesty would have been very well contented if the Houses should then judge so that they should have been finally expelled and that the People might enjoy their interest and freedom of Choice and Election when it should have been justly devolved to them But by their declining of this course it is evident that they well know in such a full and free Meeting who would appear by most voices to be the innocent and who the guilty who the deserters and who the drivers and that then and there they would as little be able to justifie their own Votes as to condemn these Persons and therefore having by Force got sole possession of the Place are wisely resolved to admit none to judge there of what is Law but only such of the major part of whose Judgments they are secure as having been made instruments to violate it To His Majesty's demand of security from such Tumults as formerly awed the Houses they only answer That what is said of awing the Members is a high and dangerous aspersion raised without doubt to invalid the Acts and Proceedings of Parliament but to the known Particulars urged by His Majesty they are wholly silent and neither deny such Tumultuous assemblies to have been nor the Lords to have twice in vain complained of them and desired the House of Commons to joyn with them in a Declaration against them nor can they deny but the Lords added this Reason Lest such Assemblies might be derogatory from the good Acts made and to be made in this Parliament all which Acts nevertheless that House undoubtedly did not intend to invalid either by that desire or by that reason Nor can any Man that hath seen what Protestations His Majesty hath taken all which He doth now again renew for maintaining of the Laws consented to by His Majesty this Parliament but sufficiently free His Majesty from the aspersion of having rais'd this to invalid those But if they mean by their Proceedings the Votes Orders Ordinances and Declarations wherewith they have almost dayly opprest His Subjects and defamed His Majesty since those Tumults if they mean the countenance they have given by personal Contributions by Oaths by Commissions of Generalship and the like to the present Rebellion raised against Him He then confesseth not that He raised this Aspersion but that He declared this Truth as an argument of the more evident invalidity of their present Proceedings which those Tumults and apprehensions of the like and of an Army now in the City to boot rather than the inclination of both Houses may appear to have produced And this appears to be no less their Opinion too by their being so infinitely unwilling to suffer the Members to meet in so secure a manner that they may be hindred by no awe from declaring to all the World whether they were awed before or no and thence the World may judge of these Mens aversion from all Agreement when in order to so blessed a thing as Peace they refuse so just a demand as Security They next Object against adjourning twenty Miles from London And in the first place they object against it That in making that a Condition of Disbanding to which by Law they are not bound to consent His Majesty requires a new Law by Arms. In which they are wholly deceived for His Majesty never made it a condition To have Security for Himself and both Houses from Tumults which they cannot deny to have been and against which notwithstanding they do not offer any other kind of Security His Majesty did demand as a Condition and Security is undoubtedly His Majesty's due by Law but the Adjournment was only expressed as that which His Majesty only conceived to be the only Security not but if they could find a better or but another way His Majesty would as readily approve of it But His Majesty appeals to the World whether His Majesty ought to have done less for His Safety and that of the Members and the freedom of their Votes than to demand Security against Tumults whether He could do more for Peace than to be ready to accept any sufficient Security that they should offer and withal to be industrious to find out a fit means for that Security Himself and to propose it in so large a manner to them as to leave them to chuse their own place out of all the rest of England and whether on the other side they could do less toward either than not to grant the Security when they cannot deny the Danger and not only not to seek after and offer any one way that might secure but so absolutely to refuse that reasonable way of Security which is offered to them whether the inconvenience of removing Records twenty miles ought to be in any balance with the Miseries of a War whether the avoiding of this but tacite confession of that Truth which they call a Scandal but can never prove one that His Majesty was forced for His Safety to withdraw from His Parliament of which the Army raised without His consent to bring in triumph to the Houses Persons accused of High Treason by Him were alone a sufficient testimony and that the Members were awed when their Names were sometimes demanded and sometimes posted their Persons laid hands on and the Tumultuous multitude neither punish'd nor discountenanc'd so much as by a Declaration whether the fear lest London in which and by a part of which all this was done should seem to suffer under a Charge
D. in Physick Will. Constantine Esq Hen. Killegrew Esq Ric. King Esq John Dutton Esq Hen. Bret Esq Will. Chadwel Esq Sir Theobald Gorges John George Esq Sir Tho. Fanshaw Humf. Conningesby Esq Ri. Seaborne Esq Arth. Lord Ranelaugh Tho. Tomkins Esq Sir Sampson Evers Sir John Culpeper Jeffrey Palmer Esq Sir John Harrison Tho. Fanshaw Esq Sir Rog. Palmer Sir Orlando Bridgman Will. Watkins Esq John Smith Esq Sir Tho. Bludder Sir Ed. Littleton Sir Harvy Bagot Sir Ri. Leveson Sir Ri. Cave Ri. Weston Esq Sir Ri. Lee. Sir Tho. Whitmore Sir Ed. Acton C. Baldwin Esq R. Goodwin Esq Tho. Howard Esq Tho. Littleton Esq Sir Ro. Howard Sir John Meux Matthew Davis Esq Sir F. Cornwallis Tho. Jermyn Esq John Taylor Esq William Basset Esq Sir William Portman Sir Edw. Rodney Tho. Hanham Esq Ed. Phelips Esq John Digby Esq Ed. Kirton Esq Christ. Leuknor Esq Sir Edw. Alford John White Esq John Ashburnham Esq Will. Smith Esq Tho. Leedes Esq Sir Ja. Thynne W. Pleydell Esq Ro. Hyde Serjeant at Law Sir Ed. Griffin Sir Walter Smith Geo. Lawe Esq Ric. Harding Esq Sir Hen. Herbert End Porter Esq Sam. Sandys Esq John Bodvill Esq Will. Morgan Esq Will. Thomas Esq Jo. Mostyn Esq Hen. Bellasis Esq Sir Geo. Wentworth Will. Mallory Esq Ri. Aldburgh Esq John Salisbury Esq Will. Herbert Esq William Price Esq Sir John Price Sir Ri. Herbert Charles Price Esq Phil. Warwick Esq Tho. Cooke Esq Sir Rob. Crooke Herb. Price Esq John Whistler Esq These Peers following being disabled by several accidents to appear sooner have since attended the Service and concurred with us Viscount Cambden Lord Abergavenny Lord Arundell Lord Capell Lord Newport Peers imployed in His Majesty's Service or absent with leave Marquess of Winchester Marquess of Worcester Marquess of New-castle Earl of Darby Earl of Huntingdon Earl of Clare Earl of Marleborough V. Falconbridge L. Morly L. Darcy and Coniers L. Stourton L. Evers L. Daincourt L. Pawlet L. Brudenel L. Powys L. Herbert of Cherbury L. Hopton L. Loughborough L. Byron L. Vaughan L. Widderington Peers absent in the parts beyond the Seas Earl of Arundell Earl of St. Albans L. Viscount Montague L. Viscount Stafford L. Stanhope L. Coventry L. Goring L. Craven of Hamsted L. Craven of Ryton Peers in Prison for their Loyalty to His Majesty Earl of Chesterfield L. Mountague of Boughton Whoever views these numbers and considers how many Peers are at this time under Age will quickly know who and how many are privy or consenting to the Counsels at Westminster These Members of the Commons House following being disabled by several accidents to appear sooner have since attended the Service and concurred with us Peter Venables Esquire Sir John Pawlet Edward Bagshaw Esq Sir John Burlasey Francis Newport Esquire Anthony Hungerford Esq John Russel Esquire Thomas Chichley Esquire Earl of Cork Sir Gervase Clifton Sir Guy Palmes Robert Sutton Esquire Gervase Hollis Esquire Sir Patricius Curwen Sir Henry Bellingham Sir George Dalston Sir Thomas Sandford Sir William Dalston Michael Wharton Esquire Sir Robert Hatton James Scudamore Esq Sir John Brooke Sir John Stepney Imployed in His Majesty's Service or absent with leave or by Sickness Sir John Fenwick Hugh Potter Esquire Walter Kirle Esquire William Stanhope Esquire Sir William Carnaby Sir Thomas Danby John Fenwick Esquire Ralph Sneade Esquire Sir William Ogle Sir Thomas Jermyn Sir John Stowell Sir Robert Strickland Sir Philip Musgrave John Cowcher Esquire John Coventry Esquire Sir Henry Slingsby Sir John Mallory John Bellassis Esquire Sir Thomas Ingram Lord Mansfield Thomas Heblethwayte Esquire Sir Hugh Cholmely Sir George Wentworth Sir Walter Lloyd Sir Henry Vaughan Francis Lloyd John Vaughan Esquire Richard Ferrers Esq George Hartnoll Esq Sir William Vdall Robert Hunt Esquire Thomas May Esquire Sir Thomas Bowyer Sir Thomas Roe Whoever now considers how many have retired themselves unto several Counties and so are absent from Westminster and yet cannot through the danger of Travelling be present at Oxford how many have withdrawn themselves into the parts beyond the Seas how many of their own principal Instruments are Voted out of the House by themselves as Sir John Hotham and his Son Sir Alexander Carew Mr. Martin Mr. Fiennes and many others and how many now are Imprisoned by them how many Members from the beginning have been factiously kept from the House upon questions of Election and how many without any colour are kept in by not suffering their Elections to be reported and that there are Thirty five Members dead into whose rooms no new Persons are chosen how many since are become Barons by descent or Creation will easily conclude how small the number is which remains and of those how few in truth have Right in sit there CHARLES R. March 19. 1643. Our express Pleasure is That this Declaration of the Lords and Commons of Parliament assembled at Oxford be read by the Parson Vicar or Curate in every Church and Chapel within Our Kingdom of England and Dominion of Wales The Declaration of the Lords and Commons of Parliament assembled at Oxford according to His MAJESTY'S Proclamation Concerning their Endeavours since they came thither for the Peace of the Kingdom and the Reasons enforcing their Abscence from Westminster VVE the Lords and Commons of Parliament being upon just and important reasons absent from the City of Westminster whither we were Legally called or sent by the Power and Authority of His Majesty's Writ when He summoned His Parliament and being by His gracious Proclamation of the two and twentieth day of December convened at Oxford with full liberty to present our humble Advice to His Majesty for the preservation of the Religion Laws and Safety of the Kingdom thought it most agreeable to our Duty to God our zeal and tenderness of His Majesty's Honour and Safety and our Affection and Compassion of the bleeding condition of our miserable Country to use our utmost and earliest endeavours to prevent the effusion of more Christian English Blood and to close those Wounds through which this Kingdom is in danger in a short time to languish even to Desolation And finding the ill success which had attended all the Overtures of Treaty and Accommodation made by His Majesty His Majesty's most gracious Message from Nottingham being with so much contempt rejected which being sent by Members of both Houses those Messengers were not suffered to deliver it as Members or to sit in the House whilst the same was debated contrary to the Privilege of Parliament and that to the two last Messages sent by Him of the twelfth of April and nineteenth of May in both which are most gracious expressions of His Princely and passionate inclinations to Peace as may appear by those Messages herewith again re-printed there hath not been the least Answer returned to His Majesty but on the contrary His Messenger imprisoned and to this day detained and an Order that on pain of Death none should presume to come thither from His Majesty upon
Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traitors may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Kingdoms bear any Office or have any employment concerning the State or Commonwealth And also that the Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and not rendred themselves before the last of October 1644. may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Houses of Parliament bear any Office or have any employment concerning the State or Common-wealth And in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon by His Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament in Scotland respectively shall think fit 5. That by Act of Parliament all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any place of Judicature or Office towards the Law Common or Civil and that all Serjeants Councellors and Attourneys Doctors Advocates and Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any practice in the Law Common or Civil either in publick or in private And that they and likewise all Bishops Clergy-men and other Ecclesiastical persons who have deserted the Parliament and adhered to the Enemies thereof shall not be capable of any preferment or imployment either in Church or Commonwealth without the advice and consent of both Houses of Parliament 6. The persons of all others to be free of all personal censure notwithstanding any Act or thing done in or concerning this War they taking the Covenant 7. The Estates of those persons excepted in the first three preceding qualifications to pay publick Debts and Damages 8. A third part in full value of the Estates of the persons made incapable of any imployment as aforesaid to be imployed for the payment of the publick Debts and Damages according to the Declaration 9. And likewise a tenth part of the Estates of all other Delinquents within the joynt Declarations And in case the Estates and proportions aforementioned shall not suffice for the payment of the publick engagements whereunto they are only to be employed that then a new proportion may be appointed by the joynt advice of both Kingdoms providing it exceed not the one moity of the Estates of the persons made incapable as aforesaid and that it exceed not a sixth part of the Estate of the other Delinquents 10. That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth 200 l. sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth 100 l. sterling be at liberty and discharged 11. That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and proportions before mentioned may be levied and applyed to the discharge of the said engagements XV. That by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVI That an Act of Parliament be passed for the setling of the Admiralty and Forces at Sea and for the raising of such Moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVII An Act for the settling of all Forces both by Sea and Land in Commissioners to be nominated by both Houses of Parliament of persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to Religion and the Peace of the Kingdoms of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall die others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of the Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Force without such Authority or consent to the disturbance of the publick Peace of the Kingdoms any Commission under the great Seal or Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be settled and to prevent all disturbance of the publick Peace that may rise by occasion of the late Troubles so for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and Vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned so for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further accordingly as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of the Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the
offered any such particular Form of Government to us that may inable us to judge thereof and we cannot but observe that the Arguments produced to that purpose were only to prove the same not unlawful without offering to prove it absolutely necessary And therefore we conceive our Answer formerly given to your Lordships concerning that Bill and your Propositions concerning Religion is a just and reasonable Answer After the first three days of the Treaty spent upon the business of Religion according to the Order formerly prescribed the Propositions concerning the Militia were next Treated upon the three days following beginning the fourth of February and the same was after resumed the 14 th of February for other three days Their Propositions touching the Militia 4. February WE desire that by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit We desire that an Act of Parliament be passed for the settling of the Admiralty and Forces at Sea and for the raising of such moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit An Act for the settling of all Forces by Sea and Land in Commissioners to be nominated by both Houses of Parliament of Persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to the Religion and Peace of the Kingdom of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall dye others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of these Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Forces without such Authority or consent to the disturbance of the Publick peace of the Kingdom any Commission under the great Seal or other Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be setled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles So for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned So for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any Troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further according as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any Authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the Estates of the Parliament in Scotland or the said Commissioners of that Kingdom whereof they are Subjects And that in those Cases of joynt Concernment to both Kingdoms the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdoms We desire that the Militia of the City of London may be in the ordering and government of the Lord Mayor Aldermen and Commons in Common-Councel assembled or such as they shall from time to time appoint whereof the Lord Mayor and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the Weekly Bills of Mortality may be under the command of the Lord Mayor Aldermen and Commons in Common-Councel of the said City to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament We desire that the Tower of London may be in the government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Councel And that the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent and that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future After these Propositions made the King's Commissioners for their Information concerning these Propositions gave in several Papers The King's Commissioners Paper 4. February VVE conceive the Propositions delivered by your Lordships concerning the Militia import very great Alterations in the main foundation of the Frame of Government of this Kingdom taking by express words or by necessary consequence the whole Military and Civil power out of the Crown without any limitation in Time or reparation proposed Therefore we desire to know for what term you intend the Militia shall be settled in such manner as may be a reasonable and full Security which we are ready and desirous to give to preserve the Peace now to be settled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles For the better doing whereof we are ready by Conference to satisfie your Lordships in any particulars Their Answer 4. February OUR Paper given in to your Lordships concerning the Militia doth not contain the Alterations mentioned in your Lordships Answer but desires that which by the Wisdom of the Parliaments of both Kingdoms is judged necessary at this time for the security of His Majesty's Kingdoms and preservation of the Peace now to be settled and until your Lordships shall declare an Assent unto the matter therein expressed we conceive it will not
the Trust reposed in them they having a Rule prescribed which they were not to transgress and being removable by both Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively and being lyable for any miscarriage to severe punishment And as for their security who have been with His Majesty in this War an Act of Oblivion is desired to be passed whereby all His Majesty's Subjects in both Kingdoms would have been put in one and the same condition and under the same protection with some exceptions mentioned in those Propositions And if the Commissioners had been severally chosen the memory of these unnatural Divisions must needs have been continued and probably being severally named would have acted dividedly according to several Interests and the War thereby might be more easily revived Whereas the scope of the Propositions we have tendred was to take away occasions of future Differences to prevent the raising of Arms and to settle a firm and durable Peace And to your Lordships Objections that the Commissioners were to continue without any limitation of Time although the reasonableness thereof hath been sufficiently manifested to your Lordships yet out of most earnest desires of Peace we have proposed to your Lordships a time of seven years as is expressed in our Paper delivered to your Lordships the 21 st of this instant And for the peculiar Royal Power which your Lordships mention to reside in His Majesty concerning the Militia and to make Peace and War we cannot admit thereof or that it is otherwise exercised than by Authority from His Majesty and both Houses of Parliament of England and the Estates of the Parliament of Scotland respectively neither are the Commissioners to have power to make Peace or War but that is referred to the 23 d. Proposition to be Treated upon in due time And for the Navy and Fleet at Sea the principal means to maintain them is to be raised by the free gift of the Subjects out of Tonnage and Poundage and other payments upon Merchandice and the Navy and Fleet being a principal means of our security the reasons are the same for them as for the Militia by Land And for what your Lordships alledge concerning Sheriffs and Justices of Peace and other legal Ministers not to raise the Posse Comitatus or Forces to suppress Riots without being lyable to the interpretation of the Commissioners we say this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legal Process nor can be intended to be any disturbance but for the preservation of the Peace nor can their power of hearing and determining Civil Actions and differences be extended further than preservation of the Articles of the Peace to be made and as is clearly and plainly exprest in the 27 th Proposition And whereas we seek the Militia to be setled in the 15 th Proposition and the other parts of our Propositions in order to and for procuring of a Peace and which are necessary to a present Union your Lordships defer them until the Peace shall be established Which delay we hope upon second thoughts your Lordships will not judge to be reasonable And when your Lordships do take into serious consideration the great Calamities and how occasioned to say no more you cannot think but that we ought to be most careful of preventing the like for the future And seeing all we desire for these so important ends is limited to a few years we ought to insist upon such a remedy as may be a fitting cure and in so doing we hope we shall be justified before God and Man Wherefore we again most earnestly desire your Lordships as you tender the deplorable Estates of these bleeding Kingdoms the setling of Religion the Honour of His Majesty and the composing these miserable Distractions that your Lordships will give your full and clear Answer to our Demands concerning the Militia This last Paper was delivered about two of the clock when the Treaty was at that instant breaking up and at the same time the King's Commissioners had upon the like occasion of two Papers of theirs given in a little before concerning Ireland hereafter mentioned delivered in a Paper No. 179. that they might give Answer thereto the next day dated as of that day as had been formerly used which was not granted so that in Answer to this Paper so earnestly requiring an Answer in the Close thereof it was impossible to give in any Paper at the present neither would any be received but at present The Papers touching Ireland After the first six days of the Treaty spent upon Religion and the Militia according to the same order formerly proposed the Propositions concerning Ireland were next Treated upon the three days following beginning the 7th of February and the same was also taken up again the 18th of February for other three days Their Propositions touching Ireland 7. Feb. WE desire that an Act of Parliament be passed to make void the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the Prosecution of the War of Ireland in both Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms and His Majesty to assist and to do no act to discountenance or molest them therein The King's Commissioners Paper 7. February VVE desire to know whether the Paper we have received from your Lordships contain in it all the Demands your Lordships are required by your Instructions to insist upon concerning Ireland which if it doth we are ready to enter upon that Debate but if it do not we then desire to receive all the Propositions your Lordships intend to make concerning Ireland together being confident that upon a whole view of the business we shall give you full satisfaction in that Argument Their Paper 7. February WE are to insist upon other things concerning Ireland which being part of other Propositions we conceive not so proper to give your Lordships till we have received your Answer to our Paper formerly delivered and are ready by present Conference to satisfie any Doubts that remain with your Lordships concerning that Paper Notwithstand they delivered in these further Papers and Propositions following Their Paper 7. Feb. WE desire that an Act be passed in the Parliament of both Kingdoms respectively to confirm the Treaty concerning Ireland of the 6 th of August 1642. which Treaty we herewith deliver and that all Persons who have had any hand in plotting designing or assisting the Rebellion of Ireland may expect no Pardon and their Estates to pay publick Debts and Damages and that the Commissioners to be nominated as is appointed in the 17 th Proposition may order the War of Ireland according to the Ordinance of the 11 th of April 1644. which we herewith deliver and to order the Militia and to conserve the Peace of the Kingdom of Ireland And that by
no Answer to us whether any Commission be now on foot or other Authority given by his Majesty for any Peace or Cessation of Arms in Ireland other then that which determines in March next nor to our desire that no Cessation of Arms or Peace in Ireland may be Treated upon or concluded without consent of both Houses of the Parliament of England nor do we understand why your Lordships should delay your Answer herein till the Peace in England be concluded since it hath been so clearly manifested to your Lordships by the true meaning of the Act passed by His Majesty this Parliament that His Majesty can make no Peace nor Cessation without the Consent of the two Houses and that your Lordships satisfactory Answer to this and our other Demands concerning Ireland will much conduce to the settling the Peace of this Kingdom We therefore again desire your Lordships full and clear Answer to the particulars expressed in our sixth and seventh Papers yesterday delivered to your Lordships The King's Commissioners Answer 20. Febr. VVE do not hold our selves any ways obliged to answer your Lordships Demand whether any Commission be on foot or other Authority from His Majesty for a Peace or Cessation of Arms in Ireland that Question not arising upon any Propositions on His Majesties part yet for your Lordships satisfaction we do again assure you we do not know there is any Peace or Cessation made there other than that which determines in March next But what Commission the Marquess of Ormond as Lievtenant of Ireland or General of the Forces there hath to that purpose we do not know and therefore cannot inform your Lordships And as to the other particulars in that Paper we do refer our selves to the Answers formerly given in to your Lordships Demands touching that Subject with this that we do conceive it to be most clear that His Majesty is in no wise restrained by express words or by the meaning of any Act made this Parliament from making a Peace or Cessation in Ireland without the consent of the two Houses Their Paper 19. Feb. THere being but three days left to Treat upon the Propositions for Religion the Militia and for Ireland and for that your Lordships have given no satisfactory Answers to our Demands concerning them we therefore now desire to confer with your Lordships how to dispose of the three days yet remaining that we may receive your Lordships full and clear Answers thereunto The King's Commissioners Answer 19. February VVE see no cause why your Lordships should think our Answers upon the Propositions for Religion and the Militia were not satisfactory And for that of Ireland we have received many Papers from your Lordships concerning that business besides the Propositions themselves to all which we doubt not to give a full and clear Answer to your Lordships to morrow being the time assigned and the last day of the Treaty upon that Subject After we shall be ready to confer with your Lordships of disposing the remainder of the time Accordingly after the before-mentioned Demands and Answer thereunto of the 19. of February the King's Commissioners in Answer to theirs of the 18. of February n. 149. delivered in this Paper 20. February VVE have already told your Lordships how far we are from being satisfied by what you have alledged against His Majesties Power to make a Cessation with the Rebels in Ireland neither have your Lordships in any degree answered the important Reasons which induced his Majesty so to do it being very evident that by the Cessation there His Majesties Protestant Subjects have been preserved and subsisted which without it they could not have done the two Houses forbearing to send any relief or supply to them and His Majesty not being able And we desire your Lordships to consider how impossible it was whilst the War continued in England with such fierceness and animosity by Arms to reduce the Kingdom of Ireland to His Majesties Obedience and therefore His Majesty had great reason to preserve that by a Cessation which he could not reduce by a War And we are most confident that the Necessities which are not offered as excuses for but were the real grounds of the Cessation were very visible to all those in that Kingdom whose Advices His Majesty ought in reason to follow and whose Interests were most concerned and would not have given such Advice if any other way could have been found out to preserve them And we have been credibly informed that the Committee sent into Ireland which His Majesty never understood to be sent thither to supply the Necessities but to observe the Actions of His Majesties Ministers there having in their Journey thither signed Warrants in their own names to apprehend the Persons of Peers of this Realm and Persons of His Majesties Privy Council were never discountenanced there for His Majesties directions that Persons who were not of His Privy Council there should not be present at those Councils cannot be interpreted a discountenance to them in any thing they ought to do And we are most assured that His Majesty sent no Message or Letter to divert the course of the Officers subscribing for Land in satisfaction of their Arrears but the Soldiers were meerly discouraged from the same by discerning that for want of Supplies they should not be able to go on with that War And we do assure your Lordships that His Majesty doth not believe that the Sums of Money raised for Ireland which your Lordships do admit to have been made use of by both Houses of Parliament otherwise then was appointed are yet satisfied in any proportion the greatestpart of the Money raised upon the Bill for 400000 l. and of the Moneys raised upon the charitable Collections as well as the Adventurers Moneys being imployed upon the War here and if the same were since satisfied it doth no ways excuse the diverting of them when in the mean time that Kingdom suffered by that diversion and that the fear that other Moneys so raised might likewise be misimployed was a great reason amongst others that made His Majesty not consent to that Bill mentioned by your Lordships And for the Regiments of Horse and Foot which your Lordships in your Paper of the 18. of this Month say were designed for Ireland though they were imployed otherwise because a Commission could not be obtained for the Lord Wharton who was to command those Forces it is well known that those Forces were raised before His Majesties Commission was so much as desired and then the Commission that was desired should have been independent upon His Majesties Lieutenant of that Kingdom and therefore His Majesty had great reason not to consent to such a Commission and so the damages of keeping those six Pinnaces and the 1000 Land-Forces if any such were proceeded not from any default of His Majesty And for the Provisions seized by His Majesties Forces it is notorious that they were seized in the way
great proportions of all necessary Supplies unto the Protestants there whereby they have subsisted and have very lately sent thither and have already provided to be speedily sent after in Money Victuals Cloaths Ammunition and other Necessaries to the value of sevenscore thousand Pounds and they have not desired any other Provision from His Majesty but what He was well able to afford herein only His assistance and Consent in joyning with His two Houses of Parliament for the better enabling them in the prosecution of that War And we are so far from apprehending any impossibility of reducing that Kingdom during the unhappy distractions here that although many of the Forces provided by the two Houses for that end were diverted and imployed against the Parliament to the increasing of our Distractions yet the Protestants in Ireland have subsisted and do still subsist and we have just cause to believe that if this Cessation had not been obtained by the Rebels and that in the time of their greatest Wants and that these Forces had not been withdrawn they might in probability have subdued those bloody Rebels and finished the War in that Kingdom For the pretended Necessities offered as grounds of this Cessation we have already given your Lordships we hope clear information For the Persons whose Advice His Majesty followed therein your Lordships have not thought fit to make them known unto us and we cannot conceive their Interest in that Kingdom to be of such consideration as is by your Lordships supposed But we know very well that many Persons of all sorts have forsaken that Kingdom rather then they would submit unto this Cessation and great numbers of considerable Persons and other Protestants yet remaining there have opposed and still do oppose that Cessation as the visible means of their Destruction The two Houses sent their Committees into Ireland for the better supplying and encouraging of the Armies there and to take an account of the state of the War to be represented hither that what should be found defective might be supplied What Warrants they issued we are ignorant of but are well assured that what they did was in pursuance of their Duty and for advancement of the publick Service and suppressing of that horrid Rebellion and we cannot but still affirm they were discountenanced and commanded from the Council there where the prosecution of that War was to be managed and that it was declared from His Majesty that he disapproved of the Subscriptions of the Officers of the Army by means whereof that course was diverted Concerning the Moneys raised for Ireland we have in our former Papers given your Lordships a full and just Answer and we are sorry the same cannot receive credit Those Moneys raised upon charitable Collections we do positively affirm were only imployed to those ends for which they were given and we cannot but wonder the contrary should be suggested We are confident the Commission desired by the two Houses for the Lord Wharton and which your Lordships acknowledged was denied was only such as they conceived most necessary for advancement of that Service and the denial thereof proved very prejudicial thereunto And we must again inform your Lordships that it was well known at the time when the Goods were seized by His Majesties Forces as your Lordships allege near Coventry that the same were then carrying for the supply of the Protestants in Ireland and some other Provisions made and sent for the same purpose were likewise seized and taken away by some of His Majesties Forces as we have been credibly informed not without His Majesties own knowledge and direction Your Lordships may believe that those who signed the Letters mentioned in your Papers have done nothing but what they may well justifie and if the same be well done they need not fear to give an Account thereof nor your Lordships to suppose that if they come within our Quarters they shall be otherwise dealt withal then shall be agreeable to Justice Upon the whole matter notwithstanding the Allegations Pretences and Excuses offered by your Lordships for the Cessation made with the Rebels in Ireland we are clearly satisfied that the same was altogether unjust unlawful and destructive to His Majesties good Subjects and of advantage to none but the Popish bloody Rebels in that Kingdom And therefore we still earnestly insist as we conceive our selves in Conscience and Duty obliged upon our former Demands concerning Ireland which we conceive most Just and Honourable for his Majesty to consent unto We know no other ways to propound more probable for the reducing of the Rebels there but these being granted we shall chearfully proceed in the managing of that War and doubt not by God's blessing we shall speedily settle that Kingdom in their due Obedience to His Majesty Their other Paper 20. Feb. VVE cannot understand how out of any of the Papers Articles and Ordinances delivered by us unto your Lordships there should be a ground for your Opinion that upon any Differences between the Committees or Commanders imployed about the War of Ireland the War should stand still or be dissolved nor do we find that the Ordinance of the 11. of April can produce any such inconvenience as your Lordships do imagine nor doth the making of the Earl of Leven Commander in chief of the Scotish and British Forces and the settling of the prosecution of the War of Ireland in the two Houses of the Parliament of England to be managed by the joynt Advice of both Kingdoms take away the relation to His Majesties Authority or of the two Houses of Parliament or of the Lord Lieutenant of Ireland For in the first place His Majesties Consent is humbly desired and the whole Power is derived from him only the Execution of it is put into such a way and the General is to carry on the War according to the Orders he shall receive from the Committee of both Kingdoms and in case of Disagreement in the Committee the two Houses of Parliament are to prosecute that War as is expressed in our Answer to your Lordships second Paper of the 19. of February And when there shall be a Lieutenant of Ireland and that he shall joyn with the Commander in chief of the Scotish Army the said Commander is to receive Instructions from him according to the Orders of the Commissioners of both Kingdoms as we have said in our Answer to your Lordships second Paper of this day Nor doth the naming of the Earl of Leven to be General any more take away the Power of the two Houses then if he were a Native of this Kingdom or is there any part of the Kingdom of Ireland delivered over into the hands of his Majesties Subjects of the Kingdom of Scotland who do only joyn with their Councils and Forces for carrying on the War and reducing that Kingdom to his Majesties Obedience And we conceive it most conducing for the good of his Majesties Service and of that Kingdom that
both Kingdoms and endeavours to bring over more into both of them as also Forces from Foreign parts Your Majesty being in Arms in these parts and the Prince in the head of an Army in the West divers Towns made Garrisons and kept in Hostility by Your Majesty against the Parliament of England there being also Forces in Scotland against that Parliament and Kingdom by Your Majesties Commission the War in Ireland fomented and prolonged by Your Majesty whereby the three Kingdoms are brought near to utter Ruine and Destruction we conceive that until satisfaction and security be first given to both Your Kingdoms Your Majesties coming hither cannot be convenient nor by us assented unto neither can we apprehend it a means conducing to Peace that Your Majesty should come to Your Parliament for a few days with any thoughts of leaving it especially with intentions of returning to Hostility against it And we do observe That Your Majesty desires the Ingagement not only of Your Parliaments but of the Lord Mayor Aldermen Common-Councel and Militia of the City of London the chief Commanders of Sir Thomas Fairfax's Army and those of the Scots Army which is against the Priviledges and Honour of the Parliaments those being joyned with them who are subject and subordinate to their Authority That which Your Majesty against the Freedom of the Parliaments inforces in both Your Letters with many earnest expressions as if in no other way than that propounded by Your Majesty the Peace of Your Kingdoms could be established Your Majesty may please to remember that in our last Letter we did declare that Propositions from both Kingdoms were speedily to be sent to Your Majesty which we conceive to be the only way for the attaining a happy and well-grounded Peace and Your Majesties Assent unto those Propositions will be an effectual means for giving satisfaction and security to Your Kingdoms will assure a firm Union between the two Kingdoms as much desired by each for other as for themselves and settle Religion and secure the Peace of the Kingdom of Scotland whereof neither is so much as mentioned in Your Majesties Letter And in proceeding according to these just and necessary grounds for the putting an end to the bleeding Calamities of these Nations Your Majesty may have the glory to be a Principal Instrument in so happy a Work and we however mis-interpreted shall approve our selves to God and the World to be real and sincere in seeking a safe and well-grounded Peace Westminster 13. Jan. 1645. Grey of Wark Speaker of the House of Peers pro tempore VVilliam Lenthal Speaker of the House of Commons Signed in the Name and by warrant of the Commissioners of the Parliament of Scotland Balmerino His MAJESTIES Reply to the Answer of both Houses from Oxford Jan. 17. 1645-46 For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHALLES R. HIS Majesty thinks not fit now to answer those Aspersions which are returned as Arguments for his not admittance to VVestminster for a Personal Treaty because it would inforce a Style not suitable to his End it being the Peace of these miserable Kingdoms yet thus much he cannot but say to those who have sent him this Answer That if they had considered what they had done themselves in occasioning the shedding of so much innocent Blood by withdrawing themselves from their Duty to him in a time when he had granted so much to his Subjects and in violating the known Laws of the Kingdom to draw an exorbitant Power to themselves over their fellow-Subjects to say no more to do as they have done they could not have given such a false Character of his Majesties Actions Wherefore his Majesty must now remember them that having some hours before his receiving of their last Paper of the 13. of Jan. sent another Message to them of the fifteenth wherein by divers particulars He inlargeth himself to shew the reality of his endeavours for Peace by his desired Personal Treaty which he still conceives to be the likeliest way to attain to that blessed End he thinks fit by this Message to call for an Answer to that and indeed to all the former For certainly no rational man can think their last Paper can be any Answer to his former Demands the scope of it being that because there is a War therefore there should be no Treaty for Peace And is it possible to expect that the Propositions mentioned should be the grounds of a lasting Peace when the Persons that send them will not endure to hear their own King speak But whatever the success hath been of his Majesties former Messages or how small soever his hopes are of a better considering the high strain of those who deal with his Majesty yet he will neither want Fatherly bowels to his Subjects in general nor will he forget that God hath appointed him for their King with whom he Treats Wherefore he now demands a speedy Answer to his last and former Messages Given at Our Court at Oxon this 17. of Jan. 1645. His MAJESTIES further Reply to the said Answer of both Houses Jan. 24. To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. THE procuring Peace to these Kingdoms by Treaty is so much desired by his Majesty that no unjust Aspersions whatsoever or any other Discouragements shall make him desist from doing his endeavour therein untill he shall see it altogether impossible and therefore hath thought fitting so far only to make Reply to that Paper or Answer which he hath received of the 13. of this instant Jan. as may take away those Objections which are made against his Majesties coming to VVestminster expecting still an Answer to his Messages of the 15. and 17. which he hopes by this time have begotten better thoughts and resolutions in the Members of both Houses And first therefore Whereas in the said last Paper it is objected as an impediment to his Majesties Personal Treaty that much innocent Blood hath been shed in this War by his Majesties Commissions c. He will not now dispute it being apparent to all the World by whom this Blood hath been spilt but rather presseth that there should be no more and to that end only he hath desired this Personal Treaty as judging it the most immediate means to abolish so many horrid Confusions in all his Kingdoms And it is no Argument to say That there shall be no such Personal Treaty because there have been Wars it being a strong inducement to have such a Treaty to put an end to the War Secondly That there should be no such Personal Treaty because some of his Irish Subjects have repaired to his Assistance in it seems an Argument altogether as strange as the other as
Parliament of Scotland to an Act acknowledging and ratifying the Acts of the Convention of Estates of Scotland called by the Council and Conservers of the Peace and the Commissioners of the Common Burthens and assembled the Two and Twentieth day of June 1643. and several times continued since and of the Parliament of the Kingdom since convened XIII That the Lords and Commons in the Parliament of England assembled shall during the space of twenty years from the first of July 1646. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and that neither the King His Heirs or Successors nor any other but such as shall Act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the Powers aforesaid And the like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered and disposed by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons during the said space of twenty years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 3. To conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of Twenty years judge fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without Consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdom shall go into or continue in the other Kingdom without the Advice and Desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them appointed for that purpose And that after the expiration of the said Twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of VVales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed nor exercise any of the said Powers or Authorities in the precedent Articles mentioned and expressed to be during the said space of Twenty years in the said Lords and Commons nor do any Act or thing concerning the execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained That after the expiration of the said Twenty years in all Cases wherein the Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any part of the said Forces or concerning the Admiralty and Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land-service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given thereunto Provided that nothing herein before contained shall extend to the taking away of the ordinary Legal power of Sheriffs Justices of Peace Maiors Bailifs Coroners Constables Headboroughs or other Officers of Justice not being military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of the Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers nor any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons And if any persons shall be gathered and assembled together in warlike manner or otherwise to the Number of Thirty persons and shall not forthwith disband themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person and persons not so disbanding themselves shall be guilty and incur the pains of High
and Consent of the said Lords and Commons or of such Committees or Council in the Intervals of Parliament as they shall appoint 3. That during the same space of ten years the said Lords and Commons may by Bill or Ordinance raise and dispose of what Moneys and for what Forces they shall from time to time find necessary as also for payment of the Publick Debts and Damages and for all other the Publick uses of the Kingdom 4. And to the end the temporary Security intended by the three particulars last precedent may be the better assured it may therefore be provided That no Subjects that have been in Hostility against the Parliament in the late War shall be capable of bearing any Office of Power or publick Trust in the Commonwealth during the space of five years without Consent of Parliament or of the Council of State or to sit as Members or Assistants of either House of Parliament until the second Biennial Parliament be past III. For the present form of disposing the Militia in order to the Peace and Safety of this Kingdom and the Service of Ireland 1. That there be Commissioners for the Admiralty a Vice-Admiral and Rere-Admiral now to be agreed on with power for the forming regulating appointing of Officers and providing for the Navy and for ordering the same to and in the ordinary Service of the Kingdom and that there be a sufficient provision and establishment for Pay and maintenance thereof 2. That there be a General for Command of the Land-Forces that are to be in pay both in England Ireland and Wales both for Field and Garrison 3. That there be Commissioners in the several Counties for the standing Militia of the respective Counties consisting of Trained Bands and Auxiliaries not in pay with power for the proportioning forming regulating training and disciplining of them 4. That there be a Council of State with power to superintend and direct the several and particular powers of the Militia last mentioned for the Peace and Safety of this Kingdom and of Ireland 5. That the same Council may have power as the King 's Privy Council for and in all Forreign Negotiations provided That the making of War or Peace with any other Kingdom or State shall not be without the Advice and Consent of Parliament 6. That the said power of the Council of State be put into the hands of trusty and able persons now to be agreed on and the same persons to continue in that power si bene se gesserint for a certain Term not exceeding seven years 7. That there be a sufficient establishment now provided for the Salary Forces both in England and Ireland the establishment to continue until two Months after the meeting of the first Biennial Parliament IV. That an Act be passed for disposing the great Offices for ten years by the Lords and Commons in Parliament or by such Committees as they shall appoint for that purpose in the Intervals with submission to the Approbation of the next Parliament and after ten years they to nominate three and the King out of that number to appoint one for the succession upon any vacancy V. That an Act be passed for restraining of any Peers made since the 21. day of May 1642. or to be hereafter made from having any power to sit or vote in Parliament without Consent of both Houses VI. That an Act be passed for recalling and making void all Declarations and other Proceedings against the Parliament or against any that have acted by or under their Authority in the late War or in relation to it and that the Ordinances for Indemnity may be confirmed VII That an Act be passed for making void all Grants c. under the Great Seal that was conveyed away from the Parliament since the time that it was so conveyed away except as in the Parliaments Propositions and for making those valid that have been or shall be passed under the Great Seal made by the Authority of both Houses of Parliament VIII That an Act be passed for Confirmation of the Treaties between the two Kingdoms of England and Scotland and for appointing Conservators of the Peace betwixt them IX That the Ordinance for taking away the Court of Wards and Liveries be confirmed by Act of Parliament Provided His Majesties Revenue be not damnified therein nor those that last held Offices in the same left without reparation some other way X. An Act to declare void the Cessation of Ireland c. and to leave the prosecution of that War to the Lords and Commons in the Parliament of England XI An Act to be passed to take away all Coercive Power Authority and Jurisdiction of Bishops and all other Ecclesiastical Officers whatsoever extending to any Civil Penalties upon any and to repeal all Laws whereby the Civil Magistracy hath been or is bound upon any Ecclesiastical Censure to proceed ex officio unto any Civil Penalties against any persons so censured XII That there be a repeal of all Acts or Clauses in any Act enjoyning the use of the Book of Common Prayer and imposing any Penalties for neglect thereof as also of all Acts or Clauses in any Act imposing any penalty for not coming to Church or for Meetings elsewhere for Prayer or other Religious Duties Exercises or Ordinances and some other provision to be made for discovering of Papists and Popish Recusants and for disabling of them and of all Jusuites or Priests from disturbing the State XIII That the taking of the Covenant be not enforced upon any nor any penalties imposed upon the Refusors whereby men might be constrained to take it against their Judgments or Consciences but all Orders or Ordinances tending to that purpose to be repealed XIV That the things here before proposed being provided for settling and securing the Rights Liberties Peace and Safety of the Kingdom His Majesties Person His Queen and Royal Issue may be restored to a Condition of Safety Honour and Freedom in this Nation without diminution to their Personal Rights or further Limitation to the Exercise of the Regal Power than according to the particulars aforegoing XV. For the matter of Compositions 1. That a less number out of the Persons excepted in the two first Qualifications not exceeding five for the English being nominated particularly by the Parliament who together with the persons in the Irish Rebellion included in the third Qualification may be reserved to the future Judgment of the Parliament as they shall find cause all other excepted persons may be remitted from the Exception and admitted to Composition 2. That the Rates for all future Compositions may be lessened and limitted not to exceed the several proportions hereafter exprest respectively That is to say 1. For all persons formerly excepted not above a third part 2. For the late Members of Parliament under the first Branch of the fourth Qualification in the Propositions a fourth part 3. For other Members of Parliament in the second and third Branches of the
Proclamations and other Proceedings against it to be void An Act concerning Peers lately made and hereafter to be made An Act concerning the Adjournments of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Raising settling and maintaining Forces by Sea and by Land within the Kingdoms of England and Ireland and Dominion of VVales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed BE it Enacted by the King's Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled shall during the space of twenty years from the first of November 1647. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land service and shall appoint all Commanders and Officers for the said Forces and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and shall from time to time appoint all Commanders and Officers for the said Forces or remove them as they shall see cause and shall likewise nominate appoint place or displace as they shall see cause all Commanders and Officers within the several Garrisons Forts and Places of strength as shall be within the Kingdoms of England Ireland and Dominion of Wales the Isles of Gernsey and Jersey and Town of Barwick upon Tweed and that neither the King His Heirs or Successors nor any other but such as shall act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the powers aforesaid And be it further enacted by the Authority aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise and that all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered disposed or disbanded by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And be it further Enacted by the Authority aforesaid That the said Lords and Commons during the said space of twenty years shall have power in such sort and by such ways and means as they shall think fit and appoint to suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and also to suppress any Forreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and likewise to conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of twenty years judg fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdoms shall go into or continue in the other Kingdom without the Advice and desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them respectively appointed for that purpose And be it Enacted by the Authority aforesaid That after the expiration of the said twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea and Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any of them nor exercise any of the said Powers or Authorities before-mentioned and expressed to be during the said space of twenty years in the said Lords and Commons nor do any act or thing concerning the Execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And be it further also Enacted That after the expiration of the said twenty years in all cases wherein the said Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any part of the said Forces or concerning the said Admiralty or Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after Declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given
for example had Authority to perform such Acts and Offices of Church-Government as his Majesty hath not yet found by any thing represented unto Him by you or any other from the Scripture that a single Presbyter ever had authority to perform which is enough to prove that the Community of Names in some places notwithstanding the Functions themselves are in other places by their proper work sufficiently distinguished But for the Name Episcopus or Bishop His Majesty hath long since learned from those that are skilful in the Greek tongue that it imports properly no more than an Overseer one that hath the charge or inspection of some thing committed unto him as hee that is set to watch a Beacon or to keep Sheep whence in the New Testament and in the Ecclesiastical use it is applied to such persons as have the Care and Inspection of the Churches of Christ committed unto them in Spiritualibus as both Bishops and Presbyters have in some sort but with this difference that mere Presbyters are Episcopi gregis only they have the oversight of the Flock in the duties of Preaching Administration of Sacraments Publick Prayer Exhorting Rebuking c. but Bishops are Episcopi gregis and Pastorum too having the oversight of the Flock and Pastors within their several Precincts in the acts of external Government so that the common work of both Functions is the Ministry of the Gospel but that which is peculiar to the Function of Bishops as distinguished from Presbyters is Church-Government It is not therefore to be wondred if it should happen in the New Testament the word Episcopus to be usually applied unto Presbyters who were indeed Overseers of the flock rather than unto Church-Governors who had then another Title of greater Eminency whereby to distinguish them from ordinary Presbyters to wit that of Apostles But when the government of Churches came into the hands of their Successors the names were by common usage which is the best Master of words very soon appropriated that of Episcopus to the Ecclesiastical Governor or Bishop of a Diocese and that of Presbyter to the ordinary Minister or Priest His Majesty had rather cause to wonder That upon such premises you should conclude with so much confidence as if the point were rendred most clear to the Judgment of most men both ancient and of latter times That there is no such Officer to be found in the Scriptures of the New Testament as a Bishop distinct from a Presbyter whenas His Majesty remembreth to have seen cited by such Authors as He hath no reason to suspect both out of the ancient Fathers and Councils and out of sundry modern Writers even of those Reformed Churches that want Bishops great variety of Testimonies to the contrary His Majesty is not satisfied with your Answer concerning the Apostles exercise of Episcopal Government which you would put off by referring it to their extraordinary Calling Our Saviour himself was the first and chief Apostle and Bishop of our Souls sent by the Father and Anointed by the Holy Ghost to be both the Teacher and the Governour of his Church By that Mission he receiv'd Authority and by his Unction ability for those works which he performed in his own person whilst he lived upon the earth Before he left the world that the Church might not want Teaching and Governing to the worlds end he chose certain persons upon whom he conferred both these Powers whereby they became also Apostles and Bishops by making them partakers both of his Mission before his Ascension As my Father sent me so send I you and of his Vnction shortly after his Ascension when he poured upon them the Holy Ghost at Pentecost The Mission both for teaching and governing at least for the substance of it was ordinary and to continue to the end of the world Matt. xxviii 18 20. and therefore necessarily to descend and be by them transmitted to others as their Substitutes and Successors But the Vnction whereby they were enabled to both Offices or Functions by the effusion of the Holy Ghost in such a plenteous measure of Knowledg Tongues Miracles Prophecyings Healing Infallibility of Doctrine discerning of spirits and such like was indeed extraordinary in them and in some few others though in an inferiour measure as God saw it needful for the planting of the Churches and propagation of the Gospel in those Primitive times and in this which was indeed extraordinary in them they were not necessarily to have Successors But it seems very unreasonable to attribute the exercise of that Power whether of Teaching or Governing to an extraordinary calling which being of necessary and continual use in the Church must therefore of necessity be the work of a Function of ordinary and perpetual use Therefore the Acts of Governing of the Church were no more nor otherwise extraordinary in the Apostles than the Acts of Teaching the Church were that is to say both extraordinary for the manner of performance in respect of their more than ordinary abilities for the same and yet both ordinary for the substance of the Offices themselves and the works to be performed therein and in these two ordinary Offices their ordinary Successors are Presbyters and Bishops Presbyters qua Presbyters immediately succeeding them in the Office of Teaching and Bishops qua Bishops immediately in the Office of Governing The instances of Timothy and Titus you likewise endeavour to avoid by the pretension of an extraordinary calling But in this Answer besides the insufficiency thereof if all that is said therein could be proved His Majesty findeth very little satisfaction 1. First you say that Timothy and Titus were by Office Evangelists whereas of Titus the Scriptures no where affirm any such thing at all and by your own Rule your Authority without Scripture will beget if that but a humane Faith neither doth the Text clearly Prove that Timothy was so 2. Setting aside mens conjectures which can breed but an humane Faith neither you cannot make it appear by any Text of Scripture that the Office of an Evangelist is such as you have described it The work of an Evangelist which Saint Paul exhorteth Timothy to do seems by the Context 2 Tim iv 5. to be nothing but diligence in preaching the Word notwithstanding all impediments and oppositions 3. That which you so confidently affirm That Timothy and Titus acted as Evangelists is not onely denyed but clearly refuted by Scultetus Gerard and others yea even with scorn rejected of late as His Majesty is informed by some rigid Presbyterians as Gillespy Rutherford c. And that which you so confidently deny that Timothy and Titus were Bishops is not onely confirmed by the consentient testimony of all Antiquity even Jerome himself having recorded it that they were Bishops and that of St. Paul's ordination and acknowledged by very many late Divines but a Catalogue also of 27. Bishops of Ephesus lineally succeeding from Timothy our of good records is vouched by
to single Him out of all the Kings of the Earth as the fittest Champion to wrestle with Adversity and to make Him glorious by Sufferings which being well born truly prove men Great yet would He furnish Him almost by a Miracle likewise with such Advantages in the conduct of which His Prudence and Magnanimity might evidence that He did deserve Propserity and by clearing up even this way His eminent Vertues warn the following Ages from a Credulity to unquiet Persons since the best of Princes was thus infamously slandered From all these concurring Causes each one in their Way and Order did the King's Strength so far increase as that He won many Battles and was not far from Conquest in the Whole War had not God seen fit to afflict this sinful Nation with Numerous and most Impious Tyrants and make us feel that no Oppressions are so unsupportable as those which are imposed by such as have made the highest Pretensions to Liberty of which we had bitter experience after the War was finished that was now begun For there had been some slight Conflicts ere this in the several Countries betwixt the Commissioners of Array and the Militia with various Successes which require just Volumes and compleat Histories to relate and cannot be comprehended in the short View of the King's Life where it is only intended to speak of those Battles in which the King in Person gave sufficient evidence of His Wisdom and Valour The first of which was at Edge-Hill on Oct. 23. For the King had no sooner gotten a considerable Force though not equal to those of His Enemies but He matched towards London and in His way thither met with Essex's Army that were come from thence to take Him The King having viewed their Army by a Prospective-glass from the top of that Hill and being asked afterwards by His Officers what He meant to do To give them battle said He with a present Courage it is the first time I ever saw the Rebels in a Body God and good Mens Prayers to Him assist the Justice of My Cause and immediately prepared for the Fight which was acted with such a Fury that near 6000 were slain according to the common account but some say a far less number were slain upon the place Night concluded this Battle which had comprehended the whole War had not the King 's prevailing Horse preferr'd the Spoils to Victory and left the Enemy some advantage to dispute for her But the King had all the fairest marks of her Favour For though He had lost His General yet he kept the Field possessed the dead Bodies opened His way toward London and in the sight of some part of the Army of Essex who accounted it a Victory that He was not totally routed and killed took Banbury and entred Triumphantly into Oxford which He had designed for His Winter-quarters with 150 Colours taken in fight And having assured that place He advances towards London whither Essex had gotten before Him and disposed his baffled Regiments within 10 Miles of the City yet the King fell upon two Regiments of them at Brainford took 500 Prisoners and sunk their Ordnance From thence intending to draw nearer London He had intelligence that the City had powred forth all their Auxiliaries to re-inforce Essex's Troops to which being unwilling to oppose His Souldiers wearied with their March nor thinking it safe to force an Enemy to fight upon Necessity which inspires a more than Ordinary Fury He retreats to Oxford having taught His Enemies that He was not easily to be overcome For in the management of this Battle He did not only undeceive the abused World of those Slanders which His Enemies had polluted Him with but He exceeded that Opinion His own Party had of His Abilities and though He parted from London altogether unexperienced in Martial Affairs yet at Edge-Hill He appeared a most Excellent Commander His Valour was also equal to His Prudence and He could as well endure Labours as despise Dangers And by a communication of toils encouraged His Souldiers to keep the Field all the Night when they saw He refused the refreshments of a Bed for He sought no other Shelter from the injuries of the Air than His own Coach These Vertues and this Success made such an impression on the Parliament that though they took all courses to hide the Infamy of their worsted Army yet in more humble Expressions than formerly they Petitioned the King for a Treaty of Peace which His Majesty very earnestly embraced But the Faction who were frighted with these Tendencies to an Accommodation cause some of the City to Petition against it and to make proffer of their Lives and Fortunes for the prosecution of the War Encouraged by this they form their Propositions like the Commands of Conquerours and so streighten the Power and time of their Commissioners that the Treaty at Oxford became fruitless which there had taken up all the King's Employment this Winter though abroad His Forces were busie in several Parts of the Nation not without Honour At the Opening of the Spring the Queen comes back to England An. 1643 bringing with Her some considerable Supplies of Men Money and Ammunition and Her coming was entertained with such a Series of Successes that the King that Summer was Master of the North and West except some few Garrisons Which so dismaied the Parliament that very many of them were preparing to quit the Kingdom and had the King followed His own Counsels to march immediately towards London and not been fatally over-born at a Council of War which it is said His Enemies at London did assure their Party would so be first to attempt Gloucester He had in the judgment of all discerning men then finished the War with Glory But here He lay so long till Essex had gotten a Recruit from London and came time enough to Relieve the Town though in his Return the King necessitated him to fight worsted him near Newbery and so bravely followed him the next day that He forced the Parliaments Horse which were left in the Reer to seek their safety by making their way over a great part of their Foot yet lost on His side much Noble Blood as the Earls of Carnarvan and Sunderland and Viscount Falkland This last was lamented by all being equally dexterous at the Pen and Sword had won some Wreaths in those Controversies that were to be managed by Reason and was eminent in all the Generous parts of Learning above any of his Fortune and Dignity After this Encounter the King returns to Oxford to consult with those Members of both Houses that had left the Impostures and Tumults at London to joyn with Him for the Common Benefit who being as to the Peers the far greater and as to the Commons an equal Number with those at Westminster they assumed the Name and Authority of Parliament and deliberated of the ways of Peace and means to prevent the Desolations which the Faction so
and the other hated his Vertues Some censured him of too much Heat and a Zeal for Discipline above the Patience of the Times But his greatest unhappiness was that he lived in a Factious Age and Corrupt State and under such a Prince whose Vertues not admitting an immediate approach for Accusations was to be wounded in those whom He did Caress But when Faction and Malice are worn out by time Posterity shall ingrave him in the Albe of the most Excellent Prelates the most indulgent Fathers of the Church and the most injured Martyrs His blood was accompanied with some tears that fell from those Eyes which expected a pleasure at his Death and it had been followed with a more general mourning had not the Publick Miseries and present fears of Ruine exacted all the Stock of Grief for other objects About this time the Faction clove into two Sects the Presbyterian and Independent which hitherto had been united under one name of Patriots or Godly had joyntly conspired War and disturbed the Peace and by various arts had acted all their lusts under the name and Authority of Parliament For they would either early in the morning before the House was full or late at night when those whose cares were most for the Publick were absent being assured of the Speaker propose and vote what served for their Design IF any thing contrary to it was about to be resolved in a full Assembly they by multitude of Scruples would so disturb the Debates that the determination was deferr'd to a desired Opportunity But if these failed then would they surprise the House with another Vote that should weaken and hinder the Execution of the former When the most consciencious were too numerous for them then would they make necessities to send the less pliant to their wills into the Country Thus the Lesser but more industrious Party did circumvent the Greater that were not so wary nor diligent While they thus joyntly contrive the Publick Ruine they had gotten themselves into the most considerable and profitable Offices of the Kingdom But the Presbyterians having the advantage in Number and Power and the dissension in their Opinions growing still higher by the Animosities of the inferiour and obscurer parts of their Sects there was neither Faith nor Love among them but what Fear and Necessity did force them unto The Independents who comprehended all the several herds of Hereticks Anabaptists Seekers Millenaries c. though they were the Disciples of the other yet excelled their Masters in Art and Industry had their private Junto's and Meetings apart to mould their Projects and assign to each of their Confidents their several Scenes and Methods and by proper Applications to mens several humours had exceedingly encreased their strength in the multitude only they wanted the Power of the Sword and the most useful Offices to perfect their Empire This they effected by those very practices they had learned from the Presbyterians and by procuring the Ordinance of Self-denial as they called it they turned out Essex whom they had before secretly caused to be suspected and who had neither glory in his War nor security or quiet in his Peace from his Generalship and with him also the other Leaders that were favourers of the Presbytery under pretence that it was not fit that any Members of Parliament should be encouraged to a continuance of the War by enjoying the profitable and powerful Offices in the Army to which they would now give a new Module Having by this artifice displaced those whose power they feared they brought in as many Candidates of their own Sect as they could to be Colonels and Sir Thomas Fairfax was appointed General This man both Parties did the more easily consent in because he was known to be of sufficient Personal Valour and of no private Designs obstinate by a natural Melancholy rather than pertinacious in any Interest and rather free from Baseness than ambitious of Vain-glory by all these Qualities they supposed he would be obedient to the Resolves of his Masters But the Independents that were better informed of his ductile Spirit and how easily he might be imposed upon by a Species of Religion got the great Patron of all the wildest and most unreasonable Sectaries Oliver Cromwell at first to be admitted into his Counsels and afterwards to be the Director of all his actions under the Title of Lieutenant General For although he likewise by the Self-denying Ordinance was made incapable of any Office in the Army being a Member of the Parliament yet those Troops of Fanaticks whom he had amassed and formerly lead under the Command of the Lord Grey of Wark and the Earl of Manchester both which he had cast off were instructed to refuse the Conduct of any one but him He was therefore permitted by the Parliament as the General desired for a time to continue in the Army but he never left it till he had changed that ruined the Parliament and turned out the General that thus was the Author of his unlawful Power For this Man having a long time been poor and necessitous the Patrimony that was left him being profusely spent and nothing remaining but the Instruments of his Crimes a bloody and fierce Nature a greedy Soul full of bold and unjust hopes yet able to conceal them with a profession of Modesty a contempt of Religion and Friendship yet highly pretending to both till he had smote under the fifth rib those credulous hearts that trusted him he was fitted for the most impious Enterprises for vexed by a pressing and tedious Poverty he resolved to indeavour the utmost distance from such a Condition though by the greatest wickedness therefore used the Power he had now gotten to overthrow the whole State and establish himself in an absolute and unsupportable Tyranny which is the common issue of assaulting a Just and Lawful Prince with Arms. With these Tragedies and Changes was the Winter spent at London while the King at Oxford waits for the Issue of the Treaty at Vxbridge which as all other Consultations for Peace was vain and fruitless For the Faction would alwaies obstruct those endeavours by their proper Methods If the Condition of their Affairs were prosperous then would they make their Demands like Impositions on conquered Slaves detesting to supplicate that the acquisitions of their Swords and Blood should be confirmed by a worsted Enemy In a more humble fortune they would deprecate their drooping Party not then to think of a Reconciliation which their unprosperous Arms must necessarily render harder than their hopes and that it was not for the Honour of a Parliament to seem to yield to any thing by fear or compulsion Besides these devices many fictitious Letters were composed false Rumours divulged and witnesses suborned to make Men suspect that many dangerous Plots and portentous Designs were disguised in these Overtures of Accord Therefore the Commissioners of Parliament were instructed to offer no Expedient for an Accommodation nor hearken
proceeded thus far they would think their Safety consisted in an accumulation of their Sins Only they admired that these men would discredit their ancient Arts of pretending to God's Direction in which they could not so easily by every Vulgar judgment be deprehended by boasting of the Concurrence of the People which was too evident a Cheat for not one in a thousand through the whole Nation but did abominate their practices But others more Speculative knew it was the accustomed Method of the Subverters of a lawful Magistracy and Invaders of a Tyranny first to seek the favour of the Rabble by high pretences of Liberty and Justice and then to boast of it as though they had it and were entrusted by the People to recover what they presented to their hopes and desires and that these men following the same practices would be the greatest Oppressors of those whom they pretended to vindicate The Parliament though hitherto they had been very obsequious to the Army yet the Members now meeting in greater Numbers than usually and preferring the utmost hazards to a Compliance with this Remonstrance laid it aside and fell to debate the King's Concessions which then lay before them This free and stout Carriage of theirs was much resented by the Souldiers who stormed at the contempt of those whose grandeur depended upon their Arms. And lest they should miscarry in their chief design and lose the Sacrifice to their Ambition they immediately sent a party of their Army into the Isle of Wight to secure the King these laying hold upon Him with a most Insolent Rudeness not permitting the delay of a Breakfast forced Him from the Island into Hurst Castle an unwholesome and sordid place The other part of their Army they cause to march towards London with all the imaginable signs of terror as if they went to sack and plunder an Enemies Town When they had entred they were quartered in those Houses of the King and Nobility which were nearest the Parliament-House hoping by the greatness and nearness of the danger so to affright those Members who were not so wicked as to comply with them that they should voluntarily withdraw and hiding themselves leave the possession to their own scanty party For then the violence would seem less and give more Authority to their unjust Decrees But the honest Members were more in love with Justice and therefore not terrified with the Menaces and Clamours of the Souldiers but as inspired with some unaccustomed Courage at this time and thinking themselves guarded by the Priviledges of Parliament with a greater boldness than usually they did upon just designs they appear in the House Where the Commoners re-assuming the consideration of the King's Concessions continued that Debate till past Midnight the Factious party and the Creatures of the Army still raising new Doubts and Scruples multiplying Cavils and by tedious Harangues wasting the time that the most just party which consisted most of Gentlemen of Fortunes not accustomed to such Watchings and Fastings might be wearied out and leave them to their own Resolves and also that they might give time to the whole Army to march into the City that Night Among the rest Sir Henry Vane who was born to disquiet the World and to be a firebrand of Communities yet still carrying the designs of Confusion under a feigned meekness and simplicity of the Gospel This man in the Isle of Wight had perswaded the King not to be prodigal in His Concessions that He had already yielded more than was fit for them to ask or Him to grant and undertook to make it evident to the whole World yet now did most fiercely and perfidiously inveigh against the Concessions as designed by the King under the species of Peace to ruine the Parliament and Commonwealth Yet at last notwithstanding those terrours without and troubles within the House came to this Resolve that The King's Concessions were a sufficient ground for Peace Which was carried by 200 Voices and there were scarce 60 dissenters The next day the same Resolve was passed by the Lords in the very same terms not one dissenting Who immediately adjourned for a week to wait whether this fury of the Army would spend it self after so generous an opposition And the House of Commons sent some of their own Members to acquaint the Lord Fairfax and his Officers of this their Vote This free and publick detestation of the Crime that was designed did extremely enrage the Projectors of it and the Democratick party in the House mingled Threatnings with their Advices For one of the Chiefs of the Faction could not forbear to assure them that If they continued in this their Resolve they should never after have Liberty of meeting there again Which accordingly was executed for the next day they were to meet there the Colonels had placed a guard of two Regiments of Foot and one of Horse upon the House of Commons who strictly keeping all the Avenues thereto that none might enter without their Licence laid hold upon forty Members that were Persons of the most known Integrity and highest Resolution they denied admission to 150 more and suffered none to enter of whose servile compliance they were not well assured Some that had escaped their observation and got into the House by tickets as from Friends or Servants they invite forth whom being once without doors they violently force away while they in vain pleaded the Priviledges of Parliament The imprisoned Members they vex and torture with great Indignities exposing them to the mockeries and insolencies of the Common Souldiers although there were among them many that had before Commanded Armies Brigades and Regiments in the Parliament's cause against the King and others that had been most importunate assertors of their first injustice to their Prince Those that beheld these vicissitudes wondred and acknowledged the just Judgement of God that had thus visibly and properly punished the Injustice of these men against their Lawful Sovereign by the ministry of their own more vile and mercenary Souldiers and did thus upbraid them with the falseness of their Principles by which they acted against the King the very same now serving to honest this violence that was committed on them for both equally pretended to a Necessity of Reformation and Self-preservation Others were inquisitive for the faith of these men who taking up Arms for the Sacred Priviledges of Parliament had now left nothing but the Walls of that House For the Number that would serve them was not equal to the Name of a Parliament being scarce the eighth part of that Convention and not much above forty in all and others that did abhor the Conditions of sitting there withdrew themselves to their own homes And many of those who formerly deluded by their pretensions to Religion Justice and Liberty had hitherto been of the Faction yet now awakened by these clamorous Crimes forsook their bloody Confederacy Yet did not this contemptible Number of which in most Votes
there were Twenty Dissenters blush to assume the Authority of managing the weightiest affairs of the English Empire to alter and change the Government to expose His Majesty to a violent Murder and to overthrow the Ancient Fundamental Laws of the Kingdom For being wholly devoted to the service of the Army they communicated counsels with them and whatsoever was resolved at the Council of War passed into a Law by the Votes of this Infamous remnant of the House of Commons who now served the Souldiers in hopes of part of the Spoil and a precarious Greatness which being acquired by so much Wickedness could not be lasting In order therefore to the Army's design they revive those Votes of No Addresses to the King which had at first but surreptitiously and by base practices passed and had been afterwards repealed by a full House Those Votes of a Treaty with the King and of the Satisfactoriness of His Concessions with scorn they rased out of the Journal-Book And then proceeded to Vote 1. That the People under God are the Original of all Just Power 2. That the Commons of England assembled in Parliament being chosen by and representing the People have the Supreme Authority of this Nation 3. That whatsoever is enacted and declared for Law by the Commons of England assembled in Parliament by which they understood themselves hath the force of a Law 4. That all the People of this Nation are concluded thereby although the Consent and Concurrence of the King and House of Peers be not had thereunto 5. That to raise Arms against the People's Representative or Parliament and to make War upon them is High Treason 6. That the King Himself took Arms against the Parliament and on that account is guilty of the blood shed throughout the Civil War and that He ought to expiate the crime with His own blood Those that were less affected with the common Fears and Miseries could not temper their mirth and scorn at such ridiculous Usurpers that thought to adjust their Crimes by their own Votes that in one breath would adorn the People with the Spoils of Monarchy and in the next rob the People to invest themselves And it is said that even Cromwell who intended to ruine our Liberty was ashamed and scorned their so ready Slavery and afterwards did swear at the Table of an Independent Lord that he knew them to be Rascals and he would so serve them Others of more melancholy Complexions considering the baseness of these servile Tyrants and the humours of their barbarous masters the Souldiers all whose inhumanities they were to establish by a Law and that Power gotten by Wickedness cannot be used with the Modesty that is sit for just Magistrates justly feared that as under the King they had enjoyed the height of Liberty so under these men they were to be overwhelmed in the depth of Slavery and that these Votes which overturned the very Foundation of our Laws could not be designed but for some horrid Impiety and our lasting Bondage which came so to pass For in their next Consultations they constitute a Tribunal to sentence their Sovereign which afterwards they used as a Shambles for the most Loyal and Gallantest of the Nobless and People of the most abject Subjects and to procure a Reverence to the Vilest of men they give it the specious name of The High Court of Justice For which they appoint 150 Judges that the Number might seem to represent the whole Multitude of the most violent and heady of all the Faction To whom they give a power of citing hearing judging and punishing CHARLES STUART King of England To make up this Number they had named six Peers of the Upper House and the twelve Judges of the Land But the greatest part were Officers of the Army who having confederated against His Majesty and publickly required His Blood could not without a contempt to the light of Reason be appointed His Judges and Members of the Lower House who were most violent against Monarchy and indeed all Government wherein themselves had no share The rest were Persons pick'd out of the City of London and Suburbs thereof who they imagined would be most obsequious to their Lusts Those that surveyed the List and knew the men deemed them most unfit for a Trust of Justice and proper Instruments for any wicked undertaking for of these Judges one or two were Coblers others Brewers one a Goldsmith and many of them Mechanicks Such among them as were descended of ancient Families were Men of so mean worth that they were only like the Statues of their Ancestors had nothing but their Names to make them knownunto the World Some of them were Spend-thrifts Bankrupts such as could be neither safe nor free unless the Kingdom were in Bondage and most notorious Adulterers whose every Member was infamous with its proper Vice Vain and Atheistical in their Discourse Cowardly and Base in Spirit Bloody and Cruel in their Counsels and those Parts that cannot honestly be named were most dishonest One of them was accused of a Rape Another had published a Book of Blasphemies against the Trinity of the Deity Some of them could not hope to get impunity for their Oppressions of the Country and Expilations of the publick Treasure but by their ministry to this Murther Others could not promise themselves an advancement of their abject or declining Fortune but by this Iniquity Yet all these by the Faction were inrolled in the Register of Saints though fitter to standas Malefactors at the Bar than to sit upon Seats of Judgment And notwithstanding their diligent search for such a Number of Men who would not blush at nor fear any guilt some of those whom they had named in abhorrencie of the Impiety refused to sit and some that did yet met there in hopes of disturbing their Counsels All this while the House of Peers were not consulted and it was commonly supposed that most of them terrified with those Preparations against the King the only defence of the Nobless against the Popular Envie would absent themselves from that House except four or five that were the Darlings of the Faction and they deemed the Names and Compliance of those few were enough to give credit and Authority to their bloody Act. But in them they were disappointed also for some of the Peers did constantly meet and on that day wherein the Bill for Trial of the King was carried up to that House there were Seventeen then present a greater Number than usual who all Unanimously even the Democratick Lords not dissenting did reject the Bill as Dangerous and Illegal This so highly provoked the Fury of the Faction that they meditated a severe revenge and for the present blotted out those Peers whose Names they had before put into their Ordinance to make the Court more splendid After this they did also rase out the names of the Judges of the Land for they being privately consulted concerning these Proceedings against the King
upon Tweed already raised both for Sea and Land service and shall from time to time during the space of ten years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea service in the Kingdoms Dominions and places aforesaid as in their judgments they shall from time to time during the said spaceof ten years think fit to appoint and that neither the King His Heirs or Successors or any other but such as shall Act by the Authority or approbation of the said Lords and Commons shall during the said space of ten years exercise any of the powers aforesaid That Monies be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of ten years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of ten years be imployed managed ordered and disposed by the Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons or such as they shall appoint during the said space of ten years shall have power 1. To suppress all Forces raised or to be raised without authority and consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any foreign Forces who shall invade or indeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Barwick upon Tweed or any of them And after the expiration of the said ten years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission power deputation or authority to be derived from the King His Heirs or Successors or any of them shall without the consent of the said Lords and Commons raise arm train discipline imploy order manage disband or dispose any the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernesey and Jersey and the Town of Barwick upon Tweed nor exercise any of the said powers or authorities herein before-mentioned and expressed to be during the space of ten years in the said Lords and Commons nor do any act or any thing concerning the execution of the said powers or authorities or any of them without the consent of the said Lords and Commons first had and obtained And with the same Provisoes for saving the ordinary legal power of Officers of Justice not being Military Officers as is set down in your Propositions and with a Declaration That if any persons shall be gathered and assembled together in a warlike manner or otherwise to the number of thirty persons and shall not forthwith disperse themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person or persons not so dispersing themselves shall be guilty and incur the pains of high Treason being first declared guilty of such offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding and he or they that shall so offend herein to be uncapable of any pardon from His Majesty His Heirs or Successors And likewise that it be provided that the City of London shall have and enjoy all their Rights Liberties c. in raising and imploying the Forces of that City in such sort as is mentioned in the said Proposition With these Provisoes following to be inserted in the said Act. First That none be compelled to serve in the War against their Wills but in case of coming in of strange Enemies into this Kingdom And that the powers above-mentioned as concerning the Land-Forces other than for keeping up and maintenance of Forts and Garrisons and the keeping up maintaining and pay of this present Army so long as it shall be thought fit by both Houses of Parliament be exercised to no other purposes than for the suppressing of Forces raised or to be raised without authority and consent of the said Lords and Commons as aforesaid or for suppressing of any Foreign Forces which shall invade or endeavour to invade the Kingdoms Dominions or places aforesaid And that the Monies be raised by general and equal Taxations saving that Tunnage and Poundage and such Imposts as have been applyed to the Navy be raised as hath been usual And that all Patents Commissions and other Acts concerning the premisses be made and acted in His Majesties name by Warrant signified by the Lords and Commons or such others as they shall authorize for that purpose If it shall be more satisfactory to His two Houses to have the Militia and powers thereupon depending during the whole time of His Majesty's Reign rather than for the space of ten years His Majesty gives them the election Touching Ireland His Majesty having in the two preceding Propositions given His consent concerning the Church and the Militia there in all things as in England as to all other matters relating to that Kingdom after advice with His two Houses He will leave it to their determination and give His consent accordingly as is herein hereafter expressed Touching publick Debts His Majesty will give His consent to such an Act for raising of Monies by general and equal Taxations for the payment and satisfying the Arrears of the Army publick Debts and engagements of the Kingdom as shall be agreed on by both Houses of Parliament and shall be audited and ascertained by them or such persons as they shall appoint within the space of twelve Months after the passing of an Act for the same His Majesty will consent to an Act that during the said space of ten years the Lord Chancellour or Lord Keeper Commissioners of the Great Seal or Treasury Lord Warden of the Cinque-ports Chancellour of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of England be nominated by both Houses of the Parliament of England to continue quam diu se bene gesserint and in the intervals of Parliament by such others as they shall authorize for that purpose His Majesty will consent that the Militia of the City of London and Liberties thereof during the space of ten years may be in the ordering and Government of the Lord Mayor Aldermen and Commons in the Common Council assembled or such as they shall from time to
touching which is a great deal of inconvenience Therefore I think it very necessary to lay before you the state of My Affairs as they now stand thereby to hasten not to interrupt your proceedings First I must remember you that there are two Armies in the Kingdom in a manner maintained by you the very naming of which doth more clearly shew the inconvenience thereof than a better tongue than Mine can express Therefore in the first place I shall commend unto you the quick dispatch of that business In the next place I must recommend unto you the state of My Navy and Forts the condition of both which is so well known unto you that I need not tell you the particulars Only thus much they are the walls and defence of this Kingdom which if out of order all men may easily judge what encouragement it will be to our Enemies and what disheartning to our Friends Last of all and not the least to be considered I must lay before you the Distractions that are at this present occasioned through the connivence of Parliament for there are some men that more maliciously than ignorantly will put no difference between Reformation and Alteration of Government Hence it cometh that Divine Service is irreverently interrupted and Petitions in an ill way given in neither disputed nor denied But I will enter into no more particulars but shew you a way of Remedy by shewing you My clear intentions and some Rocks that may hinder this Good Work I shall willingly and chearfully concur with you for the Reformation of all Innovations both in Church and Commonwealth and consequently that all Courts of Justice may be reformed according to Law For My intention is clearly to reduce all things to the best and purest times as they were in the time of Queen Elizabeth Moreover whatsoever part of My Revenue shall be found illegal or heavy to My Subjects I shall be willing to lay down trusting in their Affections Having thus clearly and shortly set down My intentions I will shew you some Rubs and must needs take notice of some very strange I know not what term to give them Petitions given in in the names of divers Counties against the present established Government of the Church and of the great threatnings against the Bishops that they will make them to be but Cyphers or at least their Voices to be taken away Now I must tell you that I make a great difference between Reformation and Alteration of Government Though I am for the first I cannot give way to the latter If some of them have overstretched their power and incroached too much upon the Temporalty if it be so I shall not be unwilling these things should be redressed and reformed as all other Abuses according to the wisdom of former times So far I shall go with you Nay further if upon serious debate you shall shew Me that Bishops have some Temporal Authority inconvenient to the State and not so necessary for the Government of the Church and upholding Episcopal Jurisdiction I shall not be unwilling to desire them to lay it down But this must not be understood that I shall any way consent that their Voices in Parliament should be taken away For in all the times of My Predecessors since the Conquest and before they have enjoyed it and I am bound to maintain them in it as one of the Fundamental Constitutions of this Kingdom There is another Rock you are on not in Substance but in Form yet the Form is so essential that unless it be reformed it will marr the Substance There is a Bill lately put in concerning Parliaments The thing I like well to have frequent Parliaments But to give power to Sheriffs and Constables and I know not whom to use My Authority that I cannot yield unto But to shew you that I am desirous to give you contentment â—n Forms which destroy not the Substance you shall have a Bill for this purpose so that it trench neither against My Honour nor against the ancient Prerogative of the Crown concerning Parliaments To which purpose I have commanded My Learned Counsel to wait on you My Lords with such Propositions as I hope will give you content For I ingenuously confess that frequent Parliaments are the best means to keep a right understanding between Me and My People which I so much desire To conclude I have now shewed you the state of My Affairs My Own clear intentions and the Rocks I wish you to eschew in all which you may perceive the desire I have to give you content as you shall find also by those Ministers I have or shall have about Me for the effecting of these My good intentions which I doubt not will bring peace and happiness to My Subjects and contentment to you All. Concerning the Conference you shall have a direct Answer on Monday which shall give you satisfaction XXV To the Lords and Commons in Answer to their Remonstrance about Papists Feb. 3. MDCXL XLI HAving taken into My serious Consideration the late Remonstrance of the Houses of Parliament I give you this Answer That I take in good part your care of the true Religion established in this Kingdom from which I will never depart as also your tenderness of My Safety and the Security of this State and Government It is against My mind that Popery or Superstition should any way increase within this Kingdom I will restrain the same by causing the Laws to be put in execution I am resolved to provide against the Jesuits and Papists by setting forth a Proclamation with all speed commanding them to depart the Kingdom within one Month of which if they fail or shall return then they shall be proceeded against according to the Laws Concerning Rosetti I give you to understand that the Queen hath always assured Me that to Her knowledge he hath no Commission but only to retain a Personal Correspondence between Her and the Pope in things requisite for the exercise of Her Religion which is warranted to Her by the Articles of Marriage which gave Her a full liberty of Conscience Yet I have perswaded Her that since the misunderstanding of that Persons condition gives offence She will within a convenient time remove him Moreover I will take a special care to restrain My Subjects from resorting to Mass at Denmark-House Saint James's and the Chappels of Ambassadors Lastly concerning John Goodman the Priest I will let you know the reason why I reprieved him that as I am informed neither Queen Elizabeth nor My Father did ever avow that any Priest in their times was executed merely for Religion which to Me seems to be this particular Case Yet seeing that I am pressed by both Houses to give way to this because I will avoid the inconvenience of giving so great discontent to My People as I conceive this Mercy may produce therefore I do remit this particular case to both the Houses But I desire them to take into their
hither I do stand more for the Liberty of My People than any here that come to be My pretended Judges and therefore let Me know by what lawful Authority I am seated here and I will answer it otherwise I will not answer it Bradshaw Sir how really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this Condition You have been told of it twice or thrice KING Here is a Gentleman Lieutenant Colonel Cobbet ask him if he did not bring Me from the Isle of Wight by force I do not come here as submitting to the Court. I will stand as much for the Privilege of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing of the King to His Parliament Is this the bringing an end to the Treaty in the Publick Faith of the World Let Me see a Legal Authority warranted by the Word of God the Scriptures or warranted by the Constitutions of the Kingdom and I will answer Bradshaw Sir you have propounded a Question and have been answered Seeing you will not answer the Court will consider how to proceed In the mean time those that brought you hither are to take charge of you back again The Court desires to know whether this be all the Answer you will give or no. KING Sir I desire that you would give Me and all the World satisfaction in this Let Me tell you It is not a slight thing you are about I am sworn to keep the Peace by that Duty I owe to God and My Countrey and I will do it to the last breath of My body And therefore you shall do well to satisfie first God and then the Country by what Authority you do it If you do it by an usurped Authority you cannot answer it There is a God in Heaven that will call you and all that give you Power to account Satisfie Me in that and I will answer otherwise I betray My Trust and the Liberties of the People and therefore think of that and then I shall be willing For I do avow That it is as great a Sin to withstand Lawful Authority as it is to submit to a Tyrannical or any otherways unlawful Authority And therefore satisfie God and Me and all the World in that and you shall receive My Answer I am not afraid of the Bill Bradshaw The Court expects you should give them a final Answer Their purpose is to adjourn till Monday next If you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon God's Authority and the Kingdoms and that Peace you speak of will be kept in the doing of Justice and that 's our present Work KING For Answer let Me tell you you have shewn no Lawful Authority to satisfie any reasonable man Bradshaw That 's in your apprehension we are satisfied that are your Judges KING 'T is not My apprehension nor yours neither that ought to decide it Bradshaw The Court hath heard you and you are to be disposed of as they have commanded So commanding the Guard to take Him away His Majesty only replied Well Sir And at His going down pointing with His Staff toward the Ax He said I do not fear that As He went down the stairs the People in the Hall cried out God save the King notwithstanding some were there set by the Faction to lead the clamour for Justice O yes being called they adjourn Westminster-Hall Monday Jan. 22. Afternoon SVnday being spent in Fasting and Preaching according to their manner of making Religion a pretence and prologue to their Villanies on Monday afternoon they came again into the Hall and after Silence commanded called over their Court where Seventy persons being present answered to their Names His Majesty being brought in the People gave a shout Command given to the Captain of their Guard to fetch and take into his custody those who make any Disturbance Then their Solicitor Cook began May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibite and give into this Court a Charge of High Treason and other high Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the People of England and the Charge was read unto him and his Answer required My Lord he was not then pleased to give an Answer but in stead of answering did there dispute the Authority of this High Court My humble motion to this High Court in behalf of the Kingdom of England is That the Prisoner may be directed to make a Positive Answer either by way of Confession or Negation which if he shall refuse to do that the matter of Charge may be taken pro confesso and the Court may proceed according to Justice Bradshaw Sir you may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge read against you containing a Charge of High Treason and other high Crimes against this Realm of England you heard likewise that it was prayed in the behalf of the People that you should give an Answer to that Charge that thereupon such proceedings might be had as should be agreeable to Justice you were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority you were brought hither you did divers time propound your Questions and were as often answer'd That it was by the Authority of the Commons of England assembled in Parliament that did think fit to call you to account for those high and capital Misdemeanours wherewith you were then charged Since that the Court hath taken into consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you They do expect you should either confess or deny it If you deny it is offered in the behalf of the Kingdom to be made good against you Their Authority they do avow to the whole World that the whole Kingdom are to rest satisfied in and you are to rest satisfied with it and therefore you are to lose no more time but to give a positive Answer thereunto KING When I was here last 't is very true I made that Question and if it were only My own particular Case I would have satisfied My self with the Protestation I made the last time I was here against the Legality of this Court and that a King cannot be tried by any superior Jurisdiction on Earth But it is not My Case alone it is the Freedom and the Liberty of the People of England and do you pretend what
concerned But the Duty I owe to God in the preservation of the true Liberty of My People will not suffer Me at this time to be silent For how can any free-born Subject of England call Life or any thing he possesseth his own if Power without Right daily make new and abrogate the old Fundamental Law of the Land which I now take to be the present Case Wherefore when I came hither I expected that you would have endeavoured to have satisfied Me concerning these grounds which hinder Me to answer to your pretended Impeachment But since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot Judge Me nor indeed the meanest man in England For I will not like you without shewing a Reason seek to impose a belief upon My Subjects There is no proceeding just against any man but what is warranted either by God's Laws or the Municipal Laws of the Countrey where he lives Now I am most confident this dayes proceeding cannot be warranted by God's Law for on the contrary the authority of Obedience unto Kings is clearly warranted and strictly commanded both in the Old and new Testament which if denyed I am ready instantly to prove And for the question now in hand there it is said That where the Word of a King is there is Power and who may say unto him What dost thou Eccl. 8. 4. Then for the Law of this Land I am no less confident that no learned Lawyer will affirm that an Impeachment can lye against the King they all going in His Name and one of their Maxims is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what Authority warranted by the Fundamental Laws of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well known to all Lawyers I leave to God and the world to judge And it were full as strange that they should pretend to make Laws without King or Lords House to any that have heard speak of the Laws of England And admitting but not granting that the People of England's Commission could grant your pretended Power I see nothing you can shew for that for certainly you never asked the question of the tenth man in the Kingdom and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so far are you from having it Thus you see that I speak not for My own Right alone as I am your King but also for the true Liberty of all My Subjects which consists not in the power of Government but in living under such Laws such a Government as may give themselves the best assurance of their Lives and propriety of their Goods Nor in this must or do I forget the Privileges of both Houses of Parliament which this days Proceedings do not only violate but likewise occasion the greatest breach of their publick Faith that I believe ever was heard of with which I am far from charging the two Houses for all pretended Crimes laid against Me bear Date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the Houses agreement thereunto I was suddenly surprized and hurried from thence as a Prisoner upon which account I am against My will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdom together with My own just Right Then for any thing I can see the Higher House is totally excluded And for the House of Commons it is too well known that the major part of them are detained or deterred from sitting so as if I had no other this were sufficient for Me to protest against the Lawfulness of your pretended Court. Besides all this the Peace of the Kingdom is not the least in My thoughts and what hopes of Settlement is there so long as Power reigns without Rule or Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years nor will I say what will fall out in case this Lawless unjust proceeding against Me do go on And believe it the Commons of England will not thank you for this Change for they will remember how happy they have been of late years under the Reign of Queen Elizabeth the King My Father and My self until the beginning of these unhappy Troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Arms I took up were only to defend the Fundamental Laws of this Kingdom against those who have supposed My Power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the Trust which I have from God for the Welfare and Liberty of My People I expect from you either clear Reasons to convince My Judgment shewing Me that I am in an Error and then truly I will answer or that you will withdraw your proceedings This I intended to speak in Westminster-Hall on Monday 22. January but against Reason was hindred to shew My Reasons Westminster-Hall Tuesday Jan. 23. Afternoon O Yes made Silence commanded The Court called Seventy one present The King brought in by the Guard looks with a Majestick Countenance upon his pretended Judges and sits down After the second O yes and Silence commanded Cooke began more insolently May it please your Lordship my Lord President this is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any Issue joyned in the Cause My Lord I did at the first Court exhibite a Charge against him containing the Highest Treason that ever was wrought upon the Theatre of England That a King of England trusted to keep the Law that had taken an Oath so to do that had Tribute pay'd him for that end should be guilty of a wicked Design to subvert and destroy our Laws and introduce an Arbitrary and Tyrannical Government in the defence of the Parliament and their Authority set up his Standard for War against the Parliament and People and I did humbly pray in the behalf of the People of England that he might speedily be required to make an Answer to the Charge But My Lord in stead of making any Answer he did then dispute the Authority of this High
Privileges to alter the Fundamental Laws of the Kingdom Sir you must excuse Me. Bradshaw Sir this is the third time that you have publickly disown'd this Court and put an Affront upon it How far you have preserv'd the Privileges of the People your Actions have spoke it but truly Sir mens Intentions ought to be known by their Actions you have written your meaning in bloody Characters throughout the whole Kingdom But Sir you understand the pleasure of the Court. Clerk record the Default And Gentlemen you that took charge of the Prisoner take him back again KING I will only say this one word more to you If it were only My own particular I would not say any more nor interrupt you Bradshaw Sir you have heard the pleasure of the Court and you are notwithstanding you will not understand it to find that you are before a Court of Justice Then the King went forth with the Guard And Proclamation was made That all persons which had then appeared and had further to do at the Court might depart into the Painted Chamber to which place the Court did forthwith adjourn and intended to meet in Westminster-Hall by ten of the Clock next morning Cryer God bless the Kingdom of England Westminster-Hall Saturday Jan. 27. Afternoon TWo or three dayes being spent in a formal Examination of Witnesses and preparing themselves for the last scene of this Mock-shew at length on Saturday the twenty seventh of January Bradshaw in his Scarlet Robes appeared in the Hall and Sixty seven others answered to their Names As the King came in in His wonted posture with his Hat on and passed toward them some few Souldiers began a clamour for Justice Justice and Execution O yes made and Silence commanded the Captain of their Guard ordered to take into Custody such as made any disturbance His Majesty began I desire a word to be heard a little and I hope I shall give no occasion of interruption Bradshaw saucily answered You may answer in your time hear the Court first His Majesty patiently replied If it please you Sir I desire to be heard and I shall not give any occasion of interruption and it is only in a word A sudden Judgment Bradshaw Sir you shall be heard in due time but you are to hear the Court first KING Sir I desire it it will be in order to what I believe the Court will say and therefore Sir A hasty Judgment is not so soon recalled Bradshaw Sir you shall be heard before the Judgment be given and in the mean time you may forbear KING Well Sir shall I be heard before the Judgment be given Bradshaw Gentlemen it is well known to all or most of you here present that the Prisoner at the Bar hath been several times convented and brought before this Court to make Answer to a Charge of Treason and other high Crimes exhibited against him in the name of the People of England To which Charge being required to answer he hath been so far from obeying the Commands of the Court by submitting to their Justice as he began to take upon him to offer Reasoning and Debate unto the Authority of the Court and to the highest Court that appointed them to try and judge him But being over-ruled in that and required to make his Answer he was still pleased to continue Contumacious and to refuse to submit to Answer Hereupon the Court that they might not be wanting to themselves nor the Trust reposed in them nor that any man's wilfulness prevent Justice they have thought fit to take the matter into their consideration they have considered of the Charge they have considered of the Contumacy and of that Confession which in Law doth arise upon that Contumacy they have likewise considered of the Notoriety of the Fact charged upon this Prisoner and upon the whole matter they are resolved and are agreed upon a Sentence to be pronounced against this Prisoner But in respect he doth desire to be heard before the Sentence be read and pronounced the Court hath resolved that they will hear him Yet Sir thus much I must tell you beforehand which you have been minded of at other Courts That if that which you have to say be to offer any debate concerning the Jurisdiction you are not to be heard in it You have offered it formerly and you have struck at the Root that is the Power and Supreme Authority of the Commons of England which this Court will not admit a debate of and which indeed it is an irrational thing in them to do being a Court that acts upon Authority derived from them But Sir if you have any thing to say in defence of your self concerning the matter charged the Court hath given me in command to let you know they will hear you KING Since I see that you will not hear any thing of Debate concerning that which I confess I though most material for the Peace of the Kingdom and for the Liberty of the Subject I shall wave it I shall speak nothing to it But only I must tell you that this many-a day all things have been taken away from Me but that that I call dearer to Me than My Life which is My Conscience and My Honor And if I had a respect to My Life more than the Peace of the Kingdom and the Liberty of the Subject certainly I should have made a particular Defence for My Self for by that at leastwise I might have delayed an ugly Sentence which I believe will pass upon Me. Therefore certainly Sir as a man that hath some understanding some knowledge of the World if that My true Zeal to My Countrey had not overborn the care that I have for My own Preservation I should have gone another way to work than that I have done Now Sir I conceive that an hasty Sentence once past may sooner be repented of than recalled and truly the self-same desire that I have for the Peace of the Kingdom and the Liberty of the Subject more than my own particular Ends makes Me now at last desire That I having something to say that concerns both I desire before Sentence be given that I may be heard in the Painted Chamber before the Lords and Commons This Delay cannot be prejudicial unto you whatsoever I say If that I say no Reason those that hear Me must be Judges I cannot be Judge of that that I * have If it be Reason and really for the welfare of the Kingdom and the Liberty of the Subject I am sure on it it is very well worth the hearing Therefore I do conjure you as you love that that you pretend I hope it is real the Liberty of the Subject the Peace of the Kingdom that you will grant me this hearing before any Sentence be past I only desire this That you will take this into your Consideration it may be you have not heard of it before-hand If you will I will retire and you may think of
it but if I cannot get this Liberty I do protest That these fair shews of Liberty and Peace are pure shews and that you will not hear your King Bradshaw Sir you have now spoken KING Yes Sir Bradshaw And this that you have said is a further declining of the Jurisdiction of this Court which was the thing wherein you were limited before KING Pray excuse Me Sir for My interruption because you mistake Me. It is not a declining of it you do judge Me before you hear Me speak I say it will not I do not decline it though I cannot acknowledge the Jurisdiction of the Court yet Sir in this give Me leave to say I would do it though I did not acknowledge it in this I do protest it is not the declining of it since I say if that I do say any thing but that that is for the Peace of the Kingdom and the Liberty of the Subject then the shame is Mine Now I desire that you will take this into your Consideration if you will I will withdraw Bradshaw Sir this is not altogether new that you have moved unto us not altogether new to us though the first time in person you have offered it to the Court. Sir you say you do not decline the Jurisdiction of the Court. KING Not in this that I have said Bradshaw I understand you well Sir but nevertheless that which you have offered seems to be contrary to that saying of yours for the Court are ready to give a Sentence It is not as you say That they will not hear their King for they have been ready to hear you they have patiently waited your pleasure for three Courts together to hear what you would say to the Peoples Charge against you to which you have not vouchsafed to give any Answer at all Sir this tends to a further Delay Truly Sir such Delays as these neither may the Kingdom nor Justice well bear You have had three several days to have offered in this kind what you would have pleased This Court is founded upon that Authority of the Commons of England in whom rests the Supreme Jurisdiction That which you now tender is to have another Jurisdiction and a co-ordinate Jurisdiction I know very well you express your self Sir That notwithstanding that you would offer to the Lords and Commons in the Painted Chamber yet nevertheless you would proceed on here I did hear you say so But Sir that you would offer there whatever it is must needs be in delay of the Justice here so as if this Court be resolved and prepared for the Sentence this that you offer they are not bound to grant But Sir according to that you seem to desire and because you shall know the further pleasure of the Court upon that which you have moved the Court will withdraw for a time This he did to prevent the disturbance of their Scene by one of their own Members Colonel John Downes who could not stifle the reluctance of his Conscience when he saw his Majesty press so earnestly for a short hearing but declaring himself unsatisfied forced them to yield to the King's Request KING Shall I withdraw Bradshaw Sir You shall know the pleasure of the Court presently The Court withdraws for half an hour into the Court of Wards Serjeant at Arms. The Court gives command that the Prisoner be withdrawn and they give order for his return again Then withdrawing into the Chamber of the Court of Wards their business was not to consider of his Majesties desire but to Chide Downes and with reproaches and threats to harden him to go through the remainder of their Villany with them Which done they return and being sate Bradshaw commanded Serjeant at Armes send for your Prisoner Who being come Bradshaw proceeded Sir you were pleased to make a motion here to the Court to offer a desire of yours touching the propounding of somewhat to the Lords and Commons in the Painted Chamber for the Peace of the Kingdom Sir you did in effect receive an Answer before the Court adjourned truly Sir their withdrawing and adjournment was pro forma tantùm for it did not seem to them that there was any difficulty in the thing They have considered of what you have moved and have considered of their own Authority which is founded as hath been often said upon the supreme Authority of the Commons of England assembled in Parliament the Court acts accordingly to their Commission Sir the return I have to you from the Court is this That they have been too much delayed by you already and this that you now offer hath occasioned some little further Delay and they are Judges appointed by the highest Authority and Judges are no more to delay than they are to deny Justice they are good words in the Great old Charter of England Nulli negabimus nulli vendemus nulli deferemus Justitiam there must be no delay But the truth is Sir and so every man here observes it that you have much delayed them in your Contempt and Default for which they might long since have proceeded to Judgment against you and notwithstanding what you have offered they are resolved to proceed to Sentence and to Judgment and that is their unanimous Resolution KING Sir I know it is in vain for Me to dispute I am no Sceptick for to deny the Power that you have I know that you have Power enough Sir I must confess I think it would have been for the Kingdoms Peace if you would have taken the pains for to have shewn the Lawfulness of your Power For this Delay that I have desired I confess it is a Delay but it is a Delay very important for the Peace of the Kingdom for it is not My Person that I look at alone it is the Kingdoms Welfare and the Kingdoms Peace It is an old Sentence That we should think on long before we resolve of great matters suddenly Therefore Sir I do say again that I do put at your doors all the inconveniency of a hasty Sentence I confess I have been here now I think this Week this day eight dayes was the day I came here first but a little Delay of a day or two further may give Peace whereas a hasty Judgment may bring on that Trouble and perpetual Inconveniency to the Kingdom that the Child that is unborn may repent it And therefore again out of the Duty I owe to God and to My Country I do desire that I may be heard by the Lords and Commons in the Painted Chamber or any other Chamber that you will appoint Me. Bradshaw You have been already answered to what you even now moved being the same you moved before since the Resolution and the Judgment of the Court in it And the Court now requires to know whether you have any more to say for your self than you have said before they proceed to Sentence KING I say this Sir That if you hear Me if you will give
of War And Justice stands a Prisoner at the Bar. This Scene was like the Passion-Tragedy His Saviour's Person none could Act but He. Behold what Scribes were here what Pharisees What Bands of Souldiers what false Witnesses Here was a Priest and that a Chief one who Durst strike at God and His Vicegerent too Here Bradshaw Pilate there This makes them twain Pilate for Fear Bradshaw condemn'd for Gain Wretch couldst not thou be rich till Charles was dead Thou might'st have took the Crown yet spar'd the Head Th' hast justifi'd that Roman Judge He stood And washt in Water thou hast dipt in Blood And where 's the Slaughter-House White-hall must be Lately His Palace now His Calvary Great CHARLES is this Thy dying-place And where Thou wer 't our KING art Thou our MARTYR there Thence thence Thy Soul took flight and there will we Not cease to Mourn where Thou didst cease to Be. And thus blest Soul He 's gone a Star whose fall As no Eclipse proves Oecumenical That Wretch had skill to sin whose Hand did know How to behead three Kingdoms at one blow England hath lost the Influence of her KING No wonder that so backward was her Spring O dismal Day but yet how quickly gone It must be short Our SUN went down at Noon And now ye Senators is this the Thing So oft declar'd is this your Glorious King Did you by Oaths your God and Country mock Pretend a Crown and yet prepare a Block Did you that swore you 'd Mount CHARLES higher yet Intend the Scaffold for His Olivet Was this Hail Master Did you bow the knee That you might murther Him with Loyalty Alas two Deaths what Cruelty was this The Axe design'd you might have spar'd the Kiss London didst thou Thy Prince's Life betray What could Thy Sables vent no other way Or else didst thou bemoan His Cross then ah Why would'st thou be the cursed Golgotha Thou once hadst Men Plate Arms a Treasury To bind thy KING and hast thou none to free Dull beast thou should'st before thy Head did fall Have had at least thy Spirits Animal Did You Ye Nobles envy CHARLES His Crown Jove being fal'n the Puny-gods must down Your Raies of Honour are eclip'st in Night The Sun is set from whence You drew your Light Religion Veils her self and Mourns that she Is forc'd to own such horrid Villany The Church and State do shake that Building must Expect to fall whose Prop is turn'd to Dust But cease from Tears-CHARLES is most blest of men A God on Earth more than a Saint in Heav'n THE END A COLLECTION OF DECLARATIONS TREATIES AND OTHER Principal Passages concerning the DIFFERENCES BETWIXT King Charles I. AND HIS TWO HOUSES OF PARLIAMENT Clearly Manifesting The Justice of His Cause His Sincerity in Religion His Constant Endeavours for Peace Bona agere mala pati Regium est LONDON Printed MDCLXXXVII THE PREFACE TO THE NOBILITY and GENTRY OF ENGLAND I Might call this Collection A Complete Body of English Politicks as comprehending both the Duty and the Interest of all true English-men and those largely set forth in some of the most excellent Discourses that were ever written in this kind Which for their own sakes might claim some better respect from the present Age than to be cast aside as out-dated Pamphlets or at the best confusedly scattered like the Leaves of Sibylla without any care of conserving and transmitting them to Posterity The sad Experience of so many years hath taught this Nation to their cost how miserable even the greatest Subjects make themselves by incroaching upon that Soveraignty which alone can protect them from the Injuries and the Scorn of their Inferiours Here you will discover the Arts the Means and the Degrees by which those Mischiefs were attempted and atchieved Which whensoever you see repeated you will know the Plot is as well against your Privilege and the Liberty of your Countrey as the Prerogative of your Prince Indeed If it were as easie to root out the remembrance of the ill Examples as it is to remit the punishment of the Crimes by Acts of Grace and Pardon and Oblivion it were perhaps no Imprudence to let those Mischiefs sleep with their Authors and leave their Memories buried in the Ruines they have made But since many that are content to take the utmost advantage of a Pardon are yet too good to acknowledge they ever stood in need of any since most will remember only What hath been done and few trouble themselves to inquire How or Why it cannot be thought impertinent together with the Actions to represent also the true Causes that have produced such Effects and the Circumstances that attended them which may remain as Marks to warn Posterity of those Errors which have cost the present Age so dear This is here done not from the private phancies or observations of any one Person or Party but from the Publick and Authentick Writings of Both digested in such order that the Reader may compare what both sides had to say for themselves and thereby discern whose Designs and what Counsels tended most to the Peace and Welfare of the Nation A study most proper for those Ranks of men whom the Favour of Princes hath raised above the Common Multitude to this one End that they may assist Them in the administration of Their Government and in keeping Peace and good order in their Countries To have Collected all that passed in these great Contests would have been the Work of many Volumes But the most material and most necessary to carry on the Series of Times and Things which in a manner comprehend the Sum or at least shew the Result of all the rest are here disposed according to their most natural order of time under these few heads I. His Majesties Declarations concerning His Proceedings in His Four first Parliaments p. 217. II. Declarations and Papers concerning the Differences betwixt His Majesty and His Fifth Parliament p. 241. III. Declarations and Paper concerning the Treaty of Peace at Oxford MDCXLII III. p. 325. IV. A Declaration concerning the Cessation in Ireland Also Declarations and Passages of the Parliament at Oxford p. 401. V. Papers and Passages concerning the Treaty of Peace at Vxbridge p. 437. VI. Messages Propositions and Treaties for Peace With divers Resolutions and Declarations thereupon MDCXLV VI. VII VIII p. 547. HIS MAJESTIES DECLARATIONS CONCERNING HIS PROCEEDINGS IN HIS FOUR FIRST PARLIAMENTS A Declaration of the true Causes which moved His MAJESTY to Assemble and after inforced Him to Dissolve the First and Second Meetings in Parliament THE King 's most Excellent Majesty since His happy access to the Imperial Crown of this Realm having by His Royal Authority summoned and assembled two several Parliaments the first whereof was in August last by adjournment held at Oxford and there dissolved and the other begun in February last and continued until the fifteenth day of this present month of June and then to the unspeakable grief
KING A Proclamation about the dissolving of the Parliament WHereas We for the general good of Our Kingdom caused Our High Court of Parliament to assemble and meet by Prorogation the twentieth day of January last past sithence which time the same hath been continued and although in this time by the malevolent dispositions of some ill-affected persons of the House of Commons We have had sundry just causes of offence and dislike of their proceedings yet We resolved with patience to try the uttermost which We the rather did for that We found in that House a great number of sober and grave persons well affected to Religion and Government and desirous to preserve Unity and Peace in all parts of Our Kingdom and therefore having on the five and twentieth day of February last by the uniform Advice of Our Privy Council caused both Houses to be adjourned until this present day hoping in the mean time that a better and more right understanding might be begotten between Us and the Members of that House whereby this Parliament might have an happy end and issue and for the same intent We did again this day command the like Adjournment to be made until the tenth day of this month It hath so happened by the disobedient and seditious carriage of those said ill-affected persons of the House of Commons that We and Our Regal authority and Commandment have been so highly contemned as Our Kingly Office cannot bear nor any former Age can parallel And therefore it is Our full and absolute resolution to dissolve the same Parliament whereof We thought good to give notice unto all the Lords Spiritual and Temporal and to the Knights Citizens and Burgesses of this present Parliament and to all others whom it may concern that they may depart about their needful affairs without attending any longer here Nevertheless We will that they and all others should take notice that We do and ever will distinguish between those who have shewed good affection to Religion and Government and those that have given themselves over to Faction and to work disturbance to the Peace and good order of our Kingdom Given at Our Court at White-hall this second day of March in the fourth year of Our Reign of Great Britain France and Ireland God save the KING His MAJESTIE's Speech at the Dissolving of the Parliament My Lords I Never came here upon so unpleasant an occasion it being the Dissolution of a Parliment Therefore men may have some cause to wonder why I should not rather chuse to do this by Commission it being a general Maxim of Kings to leave harsh commands to their Ministers Themselves only executing pleasing things Yet considering that Justice as well consists in reward and praise of Vertue as punishing of Vice I thought it necessary to come here to day to declare to you and all the world that it was meerly the undutiful and seditious carriage in the lower House that hath made the Dissolution of this Parliament And you my Lords are so far from being causes of it that I take as much comfort in your dutiful demeanors as I am justly distasted with their proceedings Yet to avoid mistakings let me tell you that it is so far from me to adjudge all the House alike guilty that I know that there are many there as dutiful Subjects as any in the world it being but some few Vipers amongst them that did cast this mist of undutifulness over most of their eyes yet to say truth there was a good number there that could not be infected with this contagion insomuch that some did express their duties in speaking which was the general fault of the House the last day To conclude as these Vipers must look for their reward of punishment so you my Lords may justly expect from Me that favour and protection that a good King oweth to His loving and dutiful Nobility And now my Lord Keeper do what I have commanded you His MAJESTIE's Declaration to all His loving Subjects of the Causes which moved Him to Dissolve the Parliament HOwsoever Princes are not bound to give account of their Actions but to God alone yet for the satisfaction of the minds and affections of Our loving Subjects We have thought good to set down thus much by way of Declaration that We may appear to the world in the truth and sincerity of Our own Actions and not in those colours in which We know some turbulent and ill-affected Spirits to masque and disguise their own wicked intentions dangerous to the State would represent Us to the publick view We assembled Our Parliament the seventeenth day of March in the third year of Our Reign for the safety of Religion for securing Our Kingdoms and Subjects at home and Our Friends and Allies abroad and therefore at the first sitting down of it We declared the miserable afflicted estate of those of the Reformed Religion in Germany France and other parts of Christendom the distressed extremities of Our dearest Uncle the King of Denmark chased out of a great part of his Dominions the strength of that party which was united against Us that besides the Pope and house of Austria and their ancient Confederates the French King professed the rooting out of the Protestant Religion that of the Princes and States on Our party some were over run others diverted and some disabled to give assistance For which and other important motives We propounded a speedy supply of Treasure answerable to the necessities of the Cause These things in the beginning were well resented by the House of Commons and with much alacrity and readiness they agreed to grant a liberal aid But before it was brought to any perfection they were diverted by a multitude of questions raised amongst them concerning their Liberties and Priviledges and by other long disputes that the Bill did not pass in a long time and by that delay Our affairs were put into far worse case than at the first Our forein actions then in hand being thereby disgraced and ruined for want of timely help In this as We are not willing to derogate from the merit and good intentions of those wise and moderate men of that House to whose forwardness We attribute it that it was propounded and resolved so soon so We must needs say that the delay of passing it when it was resolved occasioned by causless jealousies stirred up by men of another temper did much lessen both the reputation and reality of that supply and their spirit infused into many of the Commissioners and Assessors in the Country hath returned up the Subsidies in such a scanty proportion as is infinitely short not only of Our great Occasions but of the precedents of former Subsidies and of the intentions of all well-affected men in that House In those large disputes as We permitted many of Our high Prerogatives to be debated which in the best times of Our Predecessors had never been questioned without punishment or sharp reproof so We
and Innovations as might make them apt to joyn with England in that great Change which was intended Whereupon new Canons and a new Liturgy were prest upon them and when they refused to admit of them an Army was raised to force them to it towards which the Clergy and the Papists were very forward in their Contribution The Scots likewise raised an Army for their defence and when both Armies were come together and ready for a bloody encounter His Majesties own Gracious Disposition and the Counsel of the English Nobility and Dutiful submission of the Scots did so far prevail against the evil Counsel of others that a Pacification was made and His Majesty returned with Peace and much Honour to London The unexpected Reconciliation was most acceptable to all the Kingdom except to the malignant party whereof the Archbishop and the Earl of Strafford being heads they and their faction begun to inveigh against the Peace and to aggravate the proceeding of the States which so incensed His Majesty that He forthwith prepared again for War And such was their confidence that having corrupted and distempered the whole frame and Government of the Kingdom they did now hope to corrupt that which was the only means to restore all to a right frame and temper again To which end they perswaded His Majesty to call a Parliament not to seek counsel and advice of them but to draw countenance and Supply from them and engage the whole Kingdom in their Quarrel and in the mean time continued all their unjust Levies of Money resolving either to make the Parliament pliant to their Will and to establish mischief by a Law or else to brake it and with more colour to go on by violence to take what they could not obtain by consent The ground alledged for the justification of this War was this That the undutiful Demands of the Parliaments of Scotland was a sufficient reason for His Majesty to take Arms against them without hearing the Reason of those Demands And thereupon a new Army was prepared against them their Ships were seized in all Ports both of England and Ireland and at Sea their Petitions rejected their Commissioners refused Audience this whole Kingdom most miserably distempered with Levies of Men and Money and Imprisonments of those who denied to submit to those Levies The Earl of Strafford past into Ireland caused the Parliament there to declare against the Scots to give four Subsidies towards that War and to ingage themselves their Lives and Fortunes for the prosecution of it and gave directions for an Army of eight thousand foot and one thousand horse to be levied there which were for the most part Papists The Parliament met upon the thirteenth of April one thousand six hundred and forty The Earl of Strafford and Archbishop of Canterbury with their Party so prevailed with His Majesty that the House of Commons was prest to yield to a Supply for maintenance of the War with Scotland before they had provided any relief for the great and pressing Grievances of the people which being against the fundamental Privilege and proceeding of Parliament was yet in humble respect to His Majesty so far admitted as that they agreed to take the matter of Supply into consideration and two several days it was debated Twelve Subsidies were demanded for the release of Ship-money alone A third day was appointed for conclusion when the Heads of that Party begun to fear the people might close with the King in satisfying his desire of money but that withal they were like to blast their malicious designs against Scotland finding them very much indisposed to give any countenance to that War Thereupon they wickedly advised the King to break off the Parliament and to return to the ways of Confusion in which their own evil intentions were most like to prosper and succeed After the Parliament ended the fifth of May 1640. this Party grew so bold as to counsel the King to supply Himself out of his Subjects states by His own Power at His own will without their consent The very next day some Members of both Houses had their studies and cabinets yea their pockets searched another of them not long after was committed close prisoner for not delivering some Petitions which he received by authority of that House And if harsher courses were intended as was reported it is very probable that the sickness of the Earl of Strafford and the tumultuous rising in Southwark and about Lambeth were the causes that such violent intentions were not brought to execution A false and scandalous Declaration against the House of Commons was published in his Majesties Name which yet wrought little effect with the people but only to manifest the impudence of those who were Authors of it A forced Loan of money was attempted in the City of London The Lord Mayor and Aldermen in their several Wards enjoyned to bring in a list of the names of such persons as they judged fit to lend and of the summ they should lend And such Aldermen as refused so to do were committed to prison The Archbishop and the other Bishops and Clergy continued the Convocation and by a new Commission turned it to a Provincial Synod in which by an unheard of presumption they made Canons that contain in them many matters contrary to the Kings Prerogative to the fundamental Laws and Statutes of the Realm to the Right of Parliaments to the Property and Liberty of the Subject and matters tending to Sedition and of dangerous consequence thereby establishing their own Usurpations justifying their Altar-worship and those other superstitious Innovations which they formerly introduced without warrant of Law They imposed a new Oath upon divers of his Majesties Subjects both Ecclesiastical and Lay for maintenance of their own Tyranny and laid a great tax upon the Clergy for supply of his Majesty and generally they shewed themselves very affectionate to the War with Scotland which was by some of them styled Bellum Episcopale and a Prayer composed and enjoyned to be read in all Churches calling the Scots Rebels to put the two Nations into blood and make them irreconcilable All those pretended Canons and Constitutions were armed with the several Censures of Suspension Excommunication Deprivation by which they would have thrust out all the good Ministers and most of the well affected people of the Kingdom and left an easie passage to their own design of reconciliation with Rome The Popish party enjoyned such exemptions from the Penal Laws as amounted to a Toleration besides many other encouragements and Court-favours They had a Secretary of State Sir Francis Windebank a powerful Agent for the speeding of all their desires a Pope's Nuntio residing here to act and govern them according to such influences as he received from Rome and to intercede for them with the most powerful concurrence of the foreign Princes of that Religion By his authority the Papists of all sorts Nobility Gentry and Clergy were convocated after the
they please to call it of the tenth of June will surely believe the Peace of this Kingdom to be extreamly shaken and at least the King himself to be consulted with and privy to these Propositions But We hope that when Our good Subjects shall find that this goodly pretence of the Defence of the King is but a specious bait to seduce weak and inconsiderate men into the highest Acts of Disobedience and Disloyalty against Us and of Violence and Destruction upon the Laws and Constitutions of the Kingdom they will no longer be captivated by an implicite Reverence to the name of both Houses of Parliament but will carefully examine and consider what number of persons are present and what persons are prevalent in those Consultations and how the Debates are probably managed from whence such horrid and monstrous Conclusions do result and will at least weigh the Reputation Wisdom and Affection of those who are notoriously known out of the very horrour of their Proceedings to have withdrawn themselves or by their skill and violence to be driven from them and their Counsels Whilst their Fears and Jealousies did arise or were infused into the people from Discourses of the Rebels in Ireland of Skippers at Roterdam of Forces from Denmark France or Spain how improbable and ridiculous soever that bundle of Informations appeared to all wise and knowing men it is no wonder if the easiness to deceive and the willingness to be deceived did prevail over many of Our weak Subjects to believe that the Dangers which they did not see might proceed from Causes which they did not understand But for them to declare to all the world That We intend to make War against Our Parliament whilest We sit still complaining to God Almighty of the Injury offered to Us and to the very Being of Parliaments and that We have already begun actually to levy Forces both of Horse and Foot whilest We have only in a Legal way provided a smaller Guard for the security of Our own Person so near a Rebellion at Hull than they have had without lawful Authority above these eight Months upon imaginary and impossible Dangers to impose upon Our peoples Sense as well as Understanding by telling them We are doing that which they see We are not doing and intending that they all know as much as Intentions can be known We are not intending is a boldness agreeable to no power but the Omnipotence of those Votes whose absolute Supremacy hath almost brought Confusion upon King and People and against which no Knowledge in matter of Fact or Consent and Authority in matter of Law they will endure shall be opposed We have upon all occasions with all possible Expressions professed Our fast and unshaken Resolutions for Peace And We do again in the presence of Almighty God Our Maker and Redeemer assure the World that We have no more thought of making a War against Our Parliament than against Our own Children that We will maintain and observe the Acts assented to by Us this Parliament without Violation of which that for the frequent assembling of Parliaments is one and that We have not or shall not have any thought of using any force unless We shall be driven to it for the security of Our Person and for the defence of the Religion Laws and Liberty of the Kingdom and the just Rights and Privileges of Parliament And therefore We hope the Malignant Party who have so much despised Our Person and usurped Our Office shall not by their specious fraudulent insinuations prevail with Our good Subjects to give credit to their wicked Assertions and so to contribute their Power and Assistance for the ruine and destruction of Us and themselves For Our Guard about Our Person which not so much their Example as their Provocation inforced Us to take 't is known it consists of the prime Gentry in Fortune and Reputation of this County and of one Regiment of Our Trained Bands who have been so far from offering any Affronts Injuries or Disturbance to any of Our good Subjects that their principal end is to prevent such and so may be Security can be no Grievance to our People That some ill affected persons or any persons have been employed in other parts to raise Troops under colour of Our Service or have made large or any offers of Reward and Preferment to such as will come in is for ought We know and as We believe an Untruth devised by the Contrivers of this false Rumour We disavow it and are confident there will be no need of such Art or Industry to induce Our loving Subjects when they shall see Us oppressed and their Liberties and Laws confounded and till then We shall not call on them to come in to Us and to assist Us. For the Delinquents whom We are said with a high and forcible hand to protect let them be named and their Delinquency and if We give not satisfaction to Justice when We shall have received satisfaction concerning Sir John Hotham by his legal Trial then let Us be blamed But if the Design be as it is well known to be after We have been driven by force from Our City of London and kept by force from Our Town of Hull to protect all those who are Delinquents against Us and to make all those Delinquents who attend on Us or execute Our lawful Commands We have great reason to be satisfied in the Truth and Justice of such Accusation lest to be Our Servant and to be a Delinquent grow to be terms so convertible that in a short time We be left as naked in Attendance as they would have Us in Power and so compel Us to be waited on only by such whom they shall appoint and allow and in whose presence We should be more miserably alone than in Desolation it self And if the seditious Contrivers and Fomenters of this Scandal upon Us shall have as they have had the power to mis-lead the major part present of either or both Houses to make such Orders and send such Messages and Messengers as they have lately done for the apprehension of the great Earls and Barons of England as if they were Rogues or Felons and whereby Persons of Honour and Quality are made Delinquents merely for attending upon Us and upon Our Summons whilst other men are forbid to come near Us though obliged by the Duty of their Places and Oaths upon Our lawful Commands 't is no wonder if such Messengers are not very well intreated and such Orders not obeyed Neither can there be a surer and a cunninger way found out to render the Authority of both Houses scorned and vilified than to assume to themselves merely upon the Authority of the Name of Parliament a power monstrous to all Understandings and to do Actions and to make Orders evidently and demonstrably contrary to all known Law and Reason as to take up Arms against Us under colour of defending Us to cause Money to be brought in to
them and to forbid Our own Money to be paid to Us or to Our use under colour that We will imploy it ill to beat Us and starve Us for Our own good and by Our own Power and Authority which must in short time make the greatest Court and the greatest Person cheap and of no estimation Who those sensible men are of the publick Calamities of the Violations of the Privileges of Parliament and the Common Liberty of the Subject who have been baffled and injured by Malignant men and Cavaliers about Us We cannot imagine And if those Cavaliers are so much without the fear of God and Man and so ready to commit all manner of Outrage and Violence as is pretended Our Government ought to be the more esteemed which hath kept them from doing so insomuch as We believe no Person hath cause to complain of any injury or of any damage in the least degree by any man about or who hath offered his service to Us. All which being duly considered if the Contrivers of these Propositions and Orders had been truly sensible of the Obligation which lies upon them in Honour Conscience and Duty according to the high Trust reposed in them by Us and Our People they would not have published such a sense and apprehension of imminent Danger when themselves in their Consciences know that the greatest and indeed only Danger which threatens this Church and State the blessed Religion and Liberty of Our People is in their own desperate and seditious Designs and would not endeavour upon such weak and groundless Reasons to seduce Our good Subjects from their Affection and Loyalty to Us to run themselves into Actions unwarrantable and destructive to the Peace and Foundation of the Commonwealth And that all Our loving Subjects may see how causless and groundless this scandalous Rumour and Imputation of Our raising War upon Our Parliament is We have with this Our Declaration caused to be printed the Testimony of those Lords and other Persons of Our Counsel who are here with Us who being upon the place could not but discover such Our Intentions and Preparations and cannot be suspected for their Honours and their Interests to combine in such mischievous and horrid Resolutions And therefore We streightly charge and command all Our loving Subjects upon their Allegiance and as they will answer the contrary at their peril That they yield no Obedience or Consent to the said Propositions and Orders and that they presume not under any such Pretences or by colour of any such Orders to Raise or Levy any Horse or Men or to bring in any Money or Plate to such purpose But if notwithstanding this clear Declaration and Evidence of Our Intentions these men whose Design is to compell Us to raise War upon Our Parliament which all their Skill and Malice shall never be able to effect shall think fit by these Alarms to awaken Us to a more necessary care of the defence of Our Self and Our People and shall themselves under colour of Defence in so unheard-of a manner provide and seduce others to do so too to offend Us having given Us so lively testimony of their Affections what they are willing to do when they have once made themselves able all Our good Subjects will think it necessary to look to Our Self and We do then excite all Our well-Affected people according to their Oaths of Allegiance and Supremacy and according to their solemn Vow and Protestation whereby they are obliged to defend Our Person Honour and Estate to contribute their best Assistance to the Preparations necessary for the opposing and suppressing of the Traitorous Attempts of such wicked and Malignant persons who would destroy Our Person Honour and Estate and ingage the whole Kingdom in a Civil War to satisfie their own lawless Fury and Ambition and so rob Our good Subjects of the blessed fruit of this present Parliament which they already in some degree have and might still reap to the abundant satisfaction and joy of the whole Kingdom if such wicked hands were not ready to ruine all their possession and frustrate all their hopes We do therefore declare That whosoever of what degree or quality soever shall then upon so urgent and visible necessity of Ours and such an apparent Distraction of the Kingdom caused and begotten by the Malice and Contrivance of this Malignant Party bring in to Us and to Our use ready Money or Plate or shall underwrite to furnish any number of Horse Horsemen and Arms for the preservation of the publick Peace the defence of Our Person and the vindication of the Privilege and Freedom of Parliament We shall receive it as a most acceptable Service and as a testimony of his singular Affection to the Protestant Religion the Laws Liberties and Peace of the Kingdom and shall no longer desire the continuance of that Affection than We shall be ready to justifie and maintain those with the hazard of Our Life And We do farther declare That whosoever shall then bring in any sums of Money or Plate to assist Us in this great Extremity shall receive consideration after the rate of eight pounds per cent for all such Moneys as he shall furnish Us withall and shall upon the payment of such Money to such persons whom We shall appoint to receive the same receive Security for the same by good lawful Assurance of such of Our Lands Forests Parks and Houses as shall be sufficient for the same and more real Security than the name of Publick Faith given without Us and against Us as if We were no part of the Publick and besides We shall always look upon it as a service most affectionately and seasonably performed for the preservation of Us and the Kingdom But We shall be much gladder that their submission to those Our Commands and their desisting from any such attempts of raising Horse or Men may ease all Our good subjects of that trouble charge and vexation His MAJESTY's Declaration and Profession disavowing any Preparations or Intentions in Him to Levy War against His Houses of Parliament By the KING THere having been many Rumours spread and Informations given which may have induced many to believe that We intend to make War against Our Parliament We profess before God and declare to all the World that We always have and do abhorr all such Designs and desire all Our Nobility and Council who are here upon the place to declare whether they have not been witnesses of Our frequent and earnest Declarations and Professions to this purpose whether they see any colour of Preparations or Counsels that might reasonably beget a belief of any such Design and whether they be not fully perswaded that We have no such Intention but that all Our Endeavours according to Our many Professions tend to the firm and constant settlement of the true Protestant Religion the just Privileges of Parliament the Liberty of the Subject the Law Peace and Prosperity of this Kingdom Given at
Our Court at York this 15. of June 1642. The Declaration and Profession of the Lords now at York and others of His Majesty's most Honourable Privy Council disavowing that they see any apparence of Preparations or Intentions in His Majesty to levy War against the Parliament WE whose names are under-written in Obedience to His Majesty's Desire and out of the Duty which we owe to His Majesty's Honour and to Truth being here upon the place and witnesses of His Majesty's frequent and earnest Declarations and Professions of His abhorring all Designs of making War upon His Parliament and not seeing any colour of Preparations or Counsels that might reasonably beget the belief of any such Design do profess before God and testifie to all the World that we are fully perswaded that His Majesty hath no such Intentions but that all His Endeavours tend to the firm and constant settlement of the true Protestant Religion the just Privileges of Parliament the Liberty of the Subject the Law Peace and Prosperity of this Kingdom York June 15. 1642. Subscribed by Lord Keeper L. D. of Richmond L. Marquess Hartford L. Great Chamberlain E. of Cumberland E. of Bath E. of Southampton E. of Dorset E. of Salisbury E. of Northampton E. of Devon E. of Cambridge E. of Bristol E. of Clare E. of Westmorland E. of Berkshire E. of Monmouth E. of Rivers E. of Dover E. of Carnarven E. of Newport L. Mowbray Maltravers L. Willoughby L. Grey of Ruthen L. C. Howard Andover L. Lovelace L. Paget L. Falconberge L. Rich. L. Paulet L. Newark L. Coventry L. Savile L. Mohun L. Dunsmore L. Seymour L. Capel L. Falkland Mr. Comptroller Mr. Secretary Nicholas Mr. Chancel of the Exchequer L. Chief Justice Banks MDCXLII June 8. By the King A Proclamation forbidding all Levies of Forces without his MAJESTY's express Pleasure signified under His Great Seal and all Contributions or Assistance to any such Levies WHereas under pretence that We intend to make War against the Parliament the contrary whereof is notoriously known to all that are here and as We hope by this time apparent to all other Our Subjects as well by Our Declaration of the sixteenth of June as by the Testimony of all Our Nobility and Council who are here upon the place and by colour of the Authority of both Houses of Parliament a major part whereof are now absent from London by the contrivance of some few evil persons disguising and colouring their pernicious Designs and hostile Preparations under the plausible names of the preservation of publick Peace and defence of Vs and both Houses of Parliament from Force and violence it hath been endeavoured to raise Troops of Horse and other Forces And for that purpose they have prevailed not only to prohibit Our own Moneys to be paid to Us or to Our use but by the Name and Authority of Parliament to excite Our Subjects to contribute their Assistance to them by bringing in Moneys Plate or under-writing to furnish and maintain Horses Horsemen and Arms and to that purpose certain Propositions or Orders as they are styled by them have been printed whereby they have endeavoured to engage the Power and Authority of Parliament as if the two Houses without Us had that Power and Authority to save harmless all those that shall so contribute from all Prejudice and Inconvenience that may befall them by occasion thereof And although We well hope that these Malignant persons whose Actions do now sufficiently declare their former Intentions will be able to prevail with few of Our good People to contribute their Power or Assistance unto them Yet lest any of Our Subjects taking upon trust what those men affirm without weighing the grounds of it or the danger to Us themselves and the Commonwealth which would ensue thereupon should indeed believe what these persons would insinuate and have them to believe that such their Contribution and Assistance would tend to the preservation of the publick Peace and the Defence of Us and both Houses of Parliament and that thereby they should not incur any danger We that We might not be wanting as much as in Us lyeth to foreshew and to prevent the danger which may fall thereupon have hereby thought good to declare and publish unto all Our loving Subjects That by the Laws of the Land the power of raising of Forces or Arms or levying of War for the defence of the Kingdom or otherwise hath always belonged to Us and to Us only and that by no Power of either or both Houses of Parliament or otherwise contrary to Our personal Commands any Forces can be raised or any War levied And therefore by the Statute of the seventh year of Our famous Progenitor King Edward the First whereas there had been then some variances betwixt Him and some great Lords of the Realm and upon Treaty thereupon it was agreed that in the next Parliament after provision should be made that in all Parliaments and all other Assemblies which should be in the Kingdom for ever every man should come without Force and Armour well and peaceably yet at the next Parliament when they met together to take advice of this Business though it concerned the Parliament it self the Lords and Commons would not take it upon them but answered That it belonged to the King to defend force of Armour and all other force against the Peace at all times when it pleased Him and to punish them which should do contrary according to the Laws and Usages of the Realm and that they were bound to aid Him as their Sovereign Lord at all seasons when need should be And accordingly in Parliament in after-times the King alone did issue His Proclamations prohibiting bearing of Arms by any person in or near the City where the Parliament was excepting such of the Kings Servants as He should depute or should be deputed by His Commandment and also excepting the Kings Ministers And by the Statute of Northampton made in the second year of King Edward the Third it is enacted That no man of what condition soever he be except the Kings Servants in His presence and His Ministers in executing the Kings Precepts or of their Office and such as be in their company assisting them go nor ride armed by night or day in Fairs Markets nor in the presence of the Justices or other Ministers nor in no part elsewhere And this power of raising Forces to be solely in the King is so known and inseparable a Right to the Crown that when in the Reign of King Henry the Eighth there being a sudden Rebellion the Earl of Shrewsbury without Warrant from the King did raise Arms for the suppression thereof and happily suppressed it yet was he forced to obtain his Pardon And whereas the Duke of Gloucester and other great Lords in the eleventh year of King Richard the Second upon pretence of the good of the King and Kingdom the King being then not of age and led away as
they alledged by evil Counsellors did raise Forces and by them mastered their Adversaries in that Parliament such as it was for it was held and kept with force how good use soever hath been made of the Precedents therein they procured a special Act of Pardon for their raising of Men and that those Assemblies should not be drawn into example for the time to come And as no Man can levy War or raise Forces without the King so much less against the personal Commands of the King opposed thereunto For by the Statute of the 25. year of King Edward the Third which is but declaratory of the old Law in that point it is Treason to levy War against the King in His Realm Within the construction of which Statute it is true which was said in the late Declaration under the name of both Houses of Parliament of the 26. of May last levying War in some sense against the King's Authority though not intended against His Person is levying War against the King And therefore the raising of Forces though upon pretence of removing of some evil Counsellors from about the Queen hath been adjudged Treason in the Case of the late Earl of Essex in the Reign of Queen Elizabeth and in divers other Cases And We wish all Our Subjects to consider whether if Men shall be raised contrary to Our Proclamation and against Our Will it be not against Our Authority But it is as true and was never denied but in that Declaration that the raising of Forces against the King's personal Command being no Ideot nor Infant uncapable of understanding to Command being accompanied with His Presence is and is most properly levying of War against the King For if it be a sufficient pretence for raising of Men against the King's Person that it is for the defence of the King's Authority and of His Kingdom though against His express Command and Proclamation the Irish Rebels will have colour for their horrid Rebellion for they say though it be notoriously false it is for the defence of the King's Authority and of His Kingdom And Wat Tyler and Jack Cade and Kett the Tanner wanted not publick Pretences which were perhaps just causes of Complaints though not of raising of Men. And though these persons have gone about subtilly to distinguish betwixt Our Person and Our Authority as if because Our Authority may be where Our Person is not that therefore Our Person may be where Our Authority is not We require all Our good Subjects to take notice of the Law which is in print and full force That their Allegiance is due unto the natural Person of their Prince and not to His Crown or Kingdom distinct from His natural Capacity and that by the Oath of Ligeance at the Common Law which all persons above the age of twelve years are or ought to be sworn unto they are bound to be true and faithful not to the King only as King but to Our Person as King CHARLES and to bear Us truth and faith of Life and Member and earthly Honour and that they shall neither know nor hear of any ill or damage intended to Us that they shall not defend And that when in the time of King Edward the Second Hugh Spencer being discontented with the King caused a Bill to be written wherein was contained amongst other things That Homage and the Oath of Allegiance was more by reason of the King's Crown that is His Kingdom than of His Person and that seeing the King cannot be reformed by suit of Law if the King will not redress and put away that which is ill for the Common People and hurtful to the Crown that the thing ought to be put away by force and that His Lieges be bound to Govern in aid of Him and in default of Him he was condemned for it by two Parliaments and perpetually banished the Kingdom We have made mention of these Cases not so much to clear Our Right that We alone have the power of raising Forces and none of Our Subjects either in Parliament or out of Parliament against Our Will or personal Command which We think no Man that hath the least knowledge in Our Laws and is not led away by private Interests and may speak his mind freely will deny nor was ever questioned in any Parliament before this time as to let them see how dangerous the effect and consequence of raising of Forces without Us may be unto Us and to the Commonwealth under pretence of Defence of both And though We cannot doubt of the Affections of Our good Subjects considering their Interest is involved with Ours and how precious the Peace of the Kingdom is and ought to be unto them and that according to the words of the Statute of the eleventh year of King Henry the Seventh and the eighteenth Chapter by the duty of their Allegiance they are bounden to serve and assist Us at all seasons when need shall require Yet to the end that Our good Subjects may know what their Duty is and what We expect from them and that all others who through Malice or private Interests shall be transported beyond their Duties may be left without excuse We do therefore by this Our Proclamation charge and command all Our Subjects upon their Allegiance and as they tender Our Honour and Safety and the Peace and Safety of the Kingdom that they presume not to raise or levy any Horses Horsmen or Arms or any Forces whatsoever by colour of any Authority whatsoever without Our express pleasure signified under Our great Seal other than such as shall be raised levied and imprested by the Order as well of Our Self as of both Houses of Parliament according to an Act made this Sessions intituled An Act for the better raising and levying of Soldiers for the present defence of the Kingdoms of England and Ireland by Justices of Peace and otherwise in such manner as is prescribed in the said Act or Contribute or give any Assistance in Money Plate finding of Horses Horsmen or Arms or any other ways to or for any such Preparation Levie or Forces And that such of Our good Subjects who through Ignorance have been mis-led to consent or subscribe to any such Levie Contribution or Assistance forthwith upon publication of this Our Proclamation desist from continuing such their Contribution or Assistance or giving any countenance to any such Levies at their utmost perils And We do likewise streightly charge and command as well all Our Sheriffs Justices of Peace Mayors Balliffs Constables and all other Our Officers whatsoever that they use their utmost endeavours as well for publishing this Our Proclamation as for the suppressing of all Levies or Forces raised or to be raised without or against Our consent as also all other Our loving Subjects that they be attending aiding and assisting Our said Officers and Ministers therein as they and every of them will answer it at their utmost perils Given at Our Court at York
Parliament as to prevail with the major part remaining of both Houses how much soever that major part be the smaller in comparison of the whole to suffer that name whose Reverence by all means We desire to preserve to be so soyl'd as to be prefixed to a Paper of this unsufferable nature that tends not only to the Destruction of Our Person but to the Dissolution of this Government and of all Society If at least this Declaration which We rather see cause to hope it hath not have so much as been seen in the Houses and be not the single work of the same Omnipotent Committee to which is devolved the whole power of the Parliament and which as We understand is trusted without acquainting the Houses to break up any Man's House and take away the Arms and Mony intended to defend and feed him if they shall see cause to suspect that he meant to assist his Sovereign with them and may well be as fully and implicitly trusted to Declare as to Act whatsoever they please And though We doubt not but to their utmost they will continue that injury to Us and that violation of the Subjects Liberty and of publick Right to vex and imprison those who shall publish any of Our Answers to their Declarations and indeed whilst they affirm against all Truth and command against all Law it concerns them to take care that nothing be heard but what they say yet Our comfort is that Our Intentions and the Duty of Our Subjects are so well and so generally known to Our People that We cannot fear from whomsoever it come and though no Answer came out with it that either what is there said should be believed or what is there commanded should be obeyed Who knows not that Our Commissions for Horse and Foot were not granted out till not only our Prerogative but Our Propriety Our Goods Arms Towns Militia and Negative Voice were taken from Us and all the Kingdom commanded to be in Arms and invited to bring in Horse Plate and Mony to frame an Army against Our Command and Proclamation and till Horse were raised and mustered accordingly and then with no intention nor hath any Action in any of Our Ministers given the least suspicion of such an Intention by them to compel Our Subjects to submit to Our Commissions of Array or make use of them against the Parliament but to regain Hull held out in Rebellion against Us and to suppress all such as without Our Authority and against Our Commands should raise Forces in this Our Kingdom and levy War against Us under pretence of any Order or Ordinance of one or both Houses And such traitorous Assemblies and Marches have been the only lawful and necessary Occasions of our good Subjects which have not been so much as interrupted by any Troops of Ours And what is affirmed of the spoiling and killing them as they were so travelling under our Protection and according to Law is a most malicious Affirmation as well without truth as without instance invented at once to make Our Troops terrible and Us odious to Our People What care have We taken that by this means the power of the Sword should not come into the hands of Papists who have by Our Proclamation strictly charged that no Papist should presume to list himself either as Officer or Soldier in this Our Army having directed how he should be discovered if he did presume and suffer if he were discovered What care have We taken to avoid Combustion and Civil War offering to lay down Our Arms when they shall have lay'd down their in whom it was Treason to take them up and restored Us those things which could not without Treason as well as Injustice be forced away and kept from Us Our Arms Ships Town c. And when We might meet both Our Houses in a safe and secure place to debate freely of all the Differences in a Parliamentary way And by whose Influences these Propositions were rejected and whether the Proposer or Rejecters were most careful to avoid this Ruine and Desolation of the Kingdom We leave all the World to judge and whether they who divert the Men and Mony collected for the relief of Distressed Ireland to raise Forces against their Prince who asks them nothing but what is Legal nor will deny them any thing that is do not joyn with the Popish and Jesuitical Faction in the bloody Massacre of many Thousand Protestants in that miserable Kingdom We propose likewise to every Man's judgment whether the declaring those to be Traitors who execute Our Commission of Array issued in so many Kings Reigns agreed upon by Parliament and there yielded to by the King to be settled as now it is as a matter of great grace and since that time which was in the 5 Hen. IV. in no Parliament complained of whilst Our good Subjects are vexed and imprisoned not only for resisting but for humbly petitioning so as may seem but to insinuate something against their most illegal Commands concerning the Militia To which power of commanding no Title can be made by any Statute or any Precedent nor can We ever find by search nor obtain to be told what those Fundamental Laws are by which it is pretended so deep those Foundations are laid beyond all means of discovery and the declaring that those who raise Men by virtue of Our Command and Commission the only Legal way traitorously and rebelliously levy War against the King and ordaining it to be lawful for all Our Subjects by force of Arms to resist them and their Accomplices and the raising of Forces by Authority of Parliament that is by the remaining part of both Houses never in the most outragious times before attempted and commanding several persons whom they call Lieutenants to lead and giving them power to transport from one County to another the Forces of several of Our Counties against them and to kill and slay all such as by force shall oppose them Our Self not excepted commanding all Our Officers and Subjects to be assisting to them and undertaking to secure them for so doing by the Power and Authority of Parliament which is first to allow and next to command and then to pardon Treason be not to have already subverted as much as in them lies the Liberty of the Subject the Law of the Land and altered the Ancient Government of the Kingdom leaving Our Subjects without all Rule to walk by when the most clear Laws cannot direct and secure them and they see all those Ancient bounds passed over which were ever as much known to be the Duty of both Houses to observe as it was evident that there were and that it was necessary that there should be Two Houses of Parliament and at once behold the Law which is to defend and protect the Subject and Us Who are to protect and defend the Law need Defence and Protection We doubt not therefore but all Our good Subjects will come in
to Our Assistance and that this wicked Charge of intending to introduce Propery Idolatry and Arbitrary Government laid by Implication upon Us because We defend Our Selves and would recover Our own will be so far from being a Motive against Us that this intolerable Indignity and damnable Scandal so daily and visibly confuted by all Our Professions and Actions will encrease Our good Subjects zeal towards Us and their Indignation against the Contrivers and they will esteem themselves obliged by the Religion of Almighty God to oppose this War so impiously so treasonably and so groundlesly made upon Us their King and His Anointed We therefore require all Our Commissioners of Array Sheriffs and all Our other Officers and Ministers to raise all the Power and Forces of their several Counties to assist the Marquess of Hartford the Earl of Northampton the Lord Willoughby of Eresby the Lord Dunsmore the Lord Paulet the Lord Seymour Henry Hastings Esquire Sir John Stawell Sir Ralph Hopton John Digby Esquire and all other in the legal and necessary Execution of Our Commissions of Array and in the raising and conducting of such Horse and Foot as shall be raised by Our Commission and by force of Arms to oppose the Earl of Essex the Lord Say and all other that shall raise or conduct any Forces raised by pretence of Authority of both Houses and the Persons of all such Traitors and their Adherents and Accomplices to Arrest and Imprison to the end they may be brought to a fair and legal Tryal by their Peers and according to the law And this We require from them as they tender the Defence of Our Person the true Religion the Law of the Land the Liberty and Property of the Subject and the true and just Privileges of Parliament And for so doing they shall be defended and secured by Us and by the Law with whom and with which We doubt not but Our Subjects will sooner chuse to live and dye than with the Earl of Essex and his Adherents MDCXLII August 9. By the King A Proclamation for the suppressing of the present Rebellion under the Command of Robert Earl of Essex And the gracious offer of His Majesty's free Pardon to him and all such of his Adherents as shall within six days after the date hereof lay down their Arms. WHereas now at the last those Seditious and Traitorous Counsels and Consultations which have been long in design and which long since We foresaw have produced such manifest and open effects of Treason and Rebellion against Us that there are already great numbers of Horse and Foot Raised Arraied Mustered and Trained under pretence of Authority of Our two Houses of Parliament without and against Our Consent in and about Our Cities of London and Westminster in a warlike manner and there are many more in Raising with speed and Robert Earl of Essex by the said pretended Authority without Our Consent hath been nominated to be Captain General of those Troops and Forces and forgetting the Duty and Allegiance which he oweth to Us his Sovereign hath taken upon him and accepted that Title and Command of Captain General and in that quality appeareth amongst the Souldiers animating and encouraging himself and them in these Traitorous and Rebellious Designs and as it is now notoriously known the said Earl and his Adherents intend speedily to march from thence towards the North where We now reside and in a warlike manner to assail and oppose Us and those who shall attend or assist Us under pretence of defending Our Person and the two Houses of Parliament and prepare traitorously to surprise or besiege Our Town of Portsmouth and to possess themselves thereof with force the same being a Town and Port of great importance in the Western parts of this Kingdom and also to surprise or by force to take and possess themselves of all other Castles Forts and places of strength within this Kingdom and all this to strengthen them and their Party in these their Traitorous and Rebellious Designs all which are not now taken up by Us upon Information of others and by Conjecture but do manifestly appear to the whole World by that insolent and prodigious Commission of Captain General over the whole Kingdom of England and Dominion of Wales which in the name of the two Houses of Parliament is granted unto the said Earl but hath indeed been contrived by some few Malignant persons Members of either House whereby they have mentioned to conferr upon him and the said Earl under that colour hath assumed unto himself those Titles and begun to put in execution those Powers and Authorities which are inconsistable with Our Sovereignty all which is so done contrary to all Rules of Religion Laws Allegiance or common Honesty We do now therefore publish and declare by this Our Royal Proclamation That the said publick and notorious Acts and Actions of the said Earl are Acts and Actions of High Treason being a manifest levying of War against his natural Liege Lord and King expresly within the words and meaning of the Statute made in the twenty fifth year of King Edward the Third declaring the same of which in Law there neither is nor can be any doubt and that the said Earl of Essex is a Rebel and Traitour unto Us and to Our Crown and that he and all Colonels Captains and Officers which upon notice hereof shall not immediately quit their Commands under him or any others by the like unlawful and usurped power without and against Us are also guilty of High Treason within that Statute and ought to be adjudged and esteemed and proceeded against as Traitors and Rebels And yet out of Our Grace and Clemency towards such of Our Subjects as have been abused and misled by the said Earl and such others as joyn themselves with him in these desperate Courses and to preserve the Peace of this Kingdom if it be possible and to avoid the shedding of blood We abhorring the name of a Civil War if it can by any good means be avoided do by this Our Royal Proclamation admonish the said Earl and all Our Subjects whom it may concern which are now already joyned or shall joyn themselves to the said Earl in this act of Hostility that forthwith they lay down their Arms as well Horse as Foot and all other preparations for the War and instantly without delay return to their own homes and habitations and there quietly and peaceably imploy and bestow themselves in their proper Vocations and Callings and that hereafter they meddle not or interpose themselves in these or any the like Rebellious and Traitorous Undertakings or Actions Which if the◠do readily and really perform within six days after the date of these presents W◠do hereby promise and undertake in the Word of a King that We will freely extend 〈◊〉 Mercy unto them and grant unto them Our free and full Pardon for all that hath been or shall be committed before that time But if
they shall neglect this Our Grace and Favour now extended unto them and persist in any acts of Hostility against Us or not disband upon notice of this Our Proclamation We shall esteem of them as Rebells and Traitors to Us and to Our Crown and as publick Enemies to the happy Peace of this Kingdom and that from thence We shall proceed against them and deal with them as Rebels and Traitours and by the blessing of God in whom We put Our confidence and by the assistance of Our faithful and good Subjects upon whose Fidelity and Affections We rely We doubt not but We shall so prevail against all their Traitorous Conspiracies and Rebellious Machinations as shall vindicate Our Honour and the Honour of Our Crown preserve Our good and loyal Subjects from their Malice and Fury and restore and settle the Peace of this Kingdom and make the Delinquents so exemplary as shall deterr others from ever attempting the like Insolencies And We hereby require and command all Our Commissioners of Array Lieutenants Deputy-Lieutenants Sheriffs Justices of Peace Mayors and all other Our Officers Ministers and loving Subjects that they and every of them in their several places do there best and uttermost endeavours to resist and subdue the said Earl and his Adherents and those who shall assist them or any of them and to apprehend or otherwise to destroy them and every of them that so they may receive condigne punishment for their Disloyalty and that they be ready according to their Duties and Allegiance to assist Us and those Our good Subjects who do adhere unto Us according to Our just Commands in or concerning the Premisses And more particularly We require and command Our Commissioners of Array Lords Lieutenants Deputy-Lieutenants Captains and Officers of Our Trained Bands of or in Our Counties of Southampton Sussex and Surrey that so many of them as to that purpose Colonel Goring shall call to his aid as he shall see cause shall with such Forces as are under their command repair unto Our said Town of Portsmouth to assist the said Colonel George Goring Our Captain and Governour of the said Town for the defence of the said Town and to Oppose Resist and Destroy all those who under the command of the said Earl of Essex or any other shall attempt any Violence against the said Town And We do further require and command Our Right Trusty and Right Well-beloved Couzin and Counsellor William Marquess Hartford that with all speed he raise all the Forces he can within all or any the Counties contained within that Commission We have given unto him whereby he is made Our Lieutenant General of all Our Forces within Our Counties of Devon Cornwal Somerset Dorset Wilts Southampton Gloucester Berks Oxford Hereford Monmouth Radnor Brecknock Glamorgan Carmarthen Pembroke Cardigan Our Cities of Excester Bristol Gloucester Oxford Bath and Wells new Salisbury and Hereford and the Counties of the same the Towns of Pool and Southampton and Haverford-West and the Counties of the same and with the Trained Bands of those Counties and others who shall voluntarily offer their Service to march against the said Earl or any others under his command or under the command of any others not authorized by Us and them to Resist Oppose and Subdue and especially for the defence of the said Town of Portsmouth and for the Isle of Wight in Our County of Southampton as there shall be occasion And We do hereby desire and require Our loyal and loving Subjects of and within the said Counties being of the Trained Bands or voluntary Levies within the said Commission to repair with their Horse and Foot well Armed Arrayed and Furnished to such place or places as the said Marquess shall appoint and that they and all other Our good and loving Subjects within this Realm shall according to such Directions as We shall give to that purpose repair to Us at such place where We shall pitch and set up Our Royal Standard and where We purpose in Our own Person to be present and there and in such places whither We shall conduct them or cause them to be conducted to serve Us for the Defence of Us and of Our Kingdom and of the true Protestant Religion and the known Laws of the Land and the just Liberties of Our Subjects and the just Privileges of Parliament and to suppress the notorious and insolent Rebellion of the said Earl and his Adherents and reduce them to their due Obedience and for re-setling of the happy Peace of this Kingdom And in this time of urgent Necessity which so much importeth the Safety and even the very Subsistence of Us and Our Good People We shall take it as an acceptable Service to Us and much conducing to the Peace of Our Kingdom if Our loving and well-affected Subjects within Our said Counties contained within Our Commission granted to the said Marquess do and will chearfully and voluntarily contribute unto Us and give unto Us such assistance in Money or Plate as they shall think fit by loan or otherwise to be delivered to the hands of the said Marquess or of the Commissioners of Array for those several Counties respectively to be disposed of to this publick use and not otherwise and that Our loving and well-affected Subjects of all other the Counties of this Kingdom will to the same use and not otherwise contribute unto and assist Us in like manner such Contribution and assistance to be paid and delivered to Our use into the hands of Our Commissioners of Array for those other Counties respectively or to such of them as they shall nominate and appoint to that purpose And lastly in all these Our just and necessary Commands We require that ready Obedience from all Our Commissioners Sheriffs Justices of Peace Mayors Constables and other Officers and loving Subjects in their several and respective places which appertaineth to their several Duties as they tender Our Honour and Safety and the Honour Safety Peace and Prosperity of the Church and Kingdom of England and as they will answer their neglects at their uttermost perils Given at Our Court at York the ninth day of August in the eighteenth year of Our Reign 1642. By the KING A Proclamation by His MAJESTY requiring the Aid and Assistance of all His Subjects on the North side Trent and within twenty Miles Southward thereof for the suppressing of the Rebels now marching against Him WHereas divers Persons bearing an inward Hatred and Malice against Our Person and Government and ambitious of Rule and places of Preferment and Command have raised an Army and are now Traitorously and Rebelliously though under the specious pretence of Our Royal Name and Authority and of the defence of Our Person and Parliament marching in battel-array against Us their Liege-Lord and Sovereign contrary to their Duty and Allegiance whereby the common Peace is like to be wholly destroyed and this flourishing Kingdom in danger to perish under the miseries of a Civil War
Parishes first by special Letters and earnest Sollicitations from the prime Leaders of this turbulent Faction after by Orders requiring such Ministers as would not accept their Recommendations to attend and shew cause All licence was given to those leud Seditious Pamphlets which despised the Government both of the Church and State which laid any Imputations and Scorns upon Our Person or Office and which filled the ears of all Our good Subjects with Lyes and monstrous Discourses to make them believe all the ill of the Government and Governors of Church and State Books against the Book of Common-Prayer and the established Laws of the Land suffered without reprehension to be dedicated to both Houses of Parliament whatsoever the Rancour and Venome of any Infamous person could digest published without control and nothing discountenanced and reproached but a dutiful regard of Us and Our Honour and a sober esteem and application to the Laws of the Kingdom This was the condition We found at our return from Scotland besides a strange groundless apprehension of Danger infused generally into the minds of Our good Subjects as if some notable Design were in hand against the Parliament against the City of London against the whole Kingdom of England There fell out an Accident whilest We were in Scotland concerning the Marquesses of Hamilton and Argile Those two Lords upon some information given to them that their Persons were in danger upon a sudden withdrew themselves from the Parliament in Scotland and for some few days removed out of Edenburgh Whatever they had been informed and what ever they suspected the Grounds of both were very fully examined by the Parliament there their Persons being of that quality and estimation in that Kingdom that they were sure of Justice Upon the whole themselves and the Parliament were satisfied that the Information first given to them could not be made good to the proof of any Design to the Danger of these Lords and the Examinations of the whole matter sent by Our direction to Our Parliament here How if all had been true that was imagined this business could so highly and nearly concern the Peace of this Kingdom and the present Safety of both Our Houses of Parliament We cannot imagine Yet upon the first report of it here which was the day before the first Meeting after the Recess without staying to hear the opinion of Our Parliament there who used all diligence in the examination or of Our Parliament here such strange Glosses and Interpretations were made upon that accident not without reflection upon Us and Our Honour as if at the same time there had been such a Design to have been executed here as they had fancied to themselves that to be and a sudden resolution was taken first by the Committee during the Recess after by the Houses to have a Guard for the defence of London Westminster and both Our Houses of Parliament which must needs make a great impression in the minds of Our good Subjects in a time when they were newly freed from the fears of two Armies to be awaked with the apprehension of Dangers of which seeing no ground they were to expect no end Matters being thus stated and all possible skill being used by that Faction and by their Emissaries of the Clergy who at the same time such Clamour was raised of the unlawfulness that the Clergy should meddle in Temporal Affairs were their chief Agents to derive their Seditious directions to the People and were all the week attending the doors of both Houses to be imployed in those errands to infuse the most desperate Fears into the minds of all Men that could be imagined To be sure that the memory of former bitterness might not depart they provide for Our Entertainment against We should come to London to present Us with a Remonstrance as they called it of the State of the Kingdom laying before Us and publishing to all the world all the mistakes and all the misfortunes which had happened from Our first coming to the Crown and before to that hour forgetting the blessed condition notwithstanding the unhappy mixture all Our Subjects had enjoyed in the benefit of Peace and Plenty under Us to the envy of Christendom objecting to Us the Actions of some and the thoughts of others and reproaching Us with matters which indeed never entred into Our thoughts nor to Our knowledge into the thoughts of any other reviling Us to the People and complaining to Us of the House of Peers whose Authority Interest and Privilege was then as much slighted and despised as Ours is since and easily passing over those singular Acts of Our Grace passed by Us this Parliament or ascribing them to their own wisdom in the procurement they concluded against a Malignant Party and that they had no hope of settling the Distractions of the Kingdom for want of concurrence with the House of Peers and that concurrence was desperate by reason of the Prevalency of the Bishops and of the Recusant Lords into which number all those Lords were cast who presumed to dissent from any Propositions made by the House of Commons When this Engine was prepared for the People by the prime Leaders of that desperate Faction it was presented to the House of Commons and the greatest industry and skill used that is imaginable by private Sollicitations Threats and Promises to procure consent that it might be passed by that House and after a long debate longer than ever was known in Parliament till three of the clock in the morning from ten the day before when very many through weariness and weakness were forced to leave the House so that it looked as was well said like the Verdict of the Starved Jury they carryed it by eleven Voices And shortly within very few days after Our return when We had been received with all possible expressions of Joy by Our City of London which was publickly murmured against and the chief advancers of that Duty and Affection discountenanced as if they envied Us the Loyalty of Our People and when it was publickly said in Our House of Commons upon some dispute of a pretended breach of the Orders of the House That their Discipline ought to be severe for the Enemy was in view that Remonstrance was presented to Us at Our Court at Hampton-Court by some Members of the House of Commons with a Petition contracting the sharp Language in the Remonstrance into less room amongst other things That We would concurr with Our People for depriving the Bishops of their Votes in Parliament for which there was no Bill passed both Houses and to employ such Persons about Us as Our Parliament might confide in We received this strange Petition and stranger Remonstrance graciously from the hands of the Presenters promised them an Answer and in the mean time desired that the Remonstrance might not be published to the People the thing it self and the printing any thing of the like nature being never heard of by the
satisfie their own private Ends and Ambition for themselves know what overtures have been made by them and with what importunity for Offices and Preferments what great Services should have been done for Us and what other undertakings were even to have saved the Life of the Earl of Strafford if We would confer such Offices upon them We were sure We could make such particular proofs against them of a solemn Combination entred into by them for altering the Government of the Church and State of their designing Offices to themselves and other Men of their solliciting and drawing down the Tumults to Westminster and of their bidding the People in the height of their rage and fury to go to White-Hall of their scornful and odious mention of Our Person and their design of getting Our Son the Prince into their hands of their treating with Foreign Power to assist them if they should fail in their enterprises Yet we saw too that their Interest and reputation was so great with many of both Houses of Parliament their Power so absolute with a multitude of Brownists Anabaptists and other Sectaries about London who were ready to appear in a body at their command that it would be a hard matter to proceed against them In this streight We resolved to do Our part in both to give Our People a clear satisfaction of Our upright Intentions to the publick whereby they should find their Happiness did not at all depend on such Instruments and to proceed against the Persons of the other in a legal way that all the world might see what Ambition Malice and Sedition had been had under the Vizour of Conscience and Religion Hereupon We prepared an Answer to the Remonstrance the House of Commons had before published to the People of the State of the Kingdom wherein without taking notice of the uncomely Language in and the Circumstances of that Remonstrance We declared with as gracious and full Expressions as We could make Our earnest Resolutions for the maintenance of the true Protestant Religion the Liberty and Property of the Subject and the Law of the Land and made no less gracious offers to consent to any Act that should be offered for the ease of tender Consciences in matters indifferent and very earnestly desired that the same might be provided and whatever else should be thought necessary for the Peace and Security of Our People And then that We might likewise manifest the Actions of that Malignant Party which had done so much mischief and intended so much more We resolved to accuse the Lord Kimbolton Master Hollis Master Pym Master Hampden and Master Stroud who had so maliciously contrived the Ruine of Our Self and the established Government of this Church and Kingdom and Sir Arthur Hesilrigge who had been made their Instrument to obey and execute their bold and wild designs of High Treason as We had great reason to do hoping that their Duty due to Us and the Obligations We had put upon Our People this Parliament would never suffer the Interest and reputation of these Men to be laid in the scale and to over-weigh Our Regal Authority and the Law of the Land but that We should have found a way open to a fair and Legal Trial of them which was all We desired How our proceeding was in that business and Our managery of it We have truly and at large set forth in Our Answer to the Declaration of both Houses of the nineteenth of May That what We did first in acquainting the House of Commons with Our Accusation by Our Serjeant at Arms was in Correspondence and out of regard to that House that We might rather have them delivered to the hands of Justice by them than apprehend them by an ordinary Minister of Justice which We were and are assured whatever Doctrine is preached to the contrary We might well have done in the case of Treason otherwise that Maxime in the Law acknowledged in a Petition of both Houses to Us in the beginning of Our Reign in the Case of the Earl of Arundel That in case of Treason Felony and breach of Peace Priviledge of Parliament doth not extend is of no signification The words are They find it an undoubted Right and constant Priviledge of Parliament That no Member of Parliament sitting the Parliament or within the usual times of Priviledge of Parliament is to be imprisoned or restrained without Sentence or Order of the House unless it be for Treason Felony or for refusing to give Sureties for the Peace In those Cases 't was then thought a Member of either House was not to be distinguished from another Subject and why We might not as well have expected that upon Our Articles not so general as a meer verbal Accusation of High Treason either House would have committed their several Members as they had done so many this Parliament and about that time Twelve together upon a confessed ground which every Man there who knew what Treason was knew that fact to be none meerly because they were accused and as the House of Peers had formerly done a Member of that House the Earl of Bristol accused in the same manner most of the good Lords being then Judges We neither could then nor can yet understand That Our own coming to the House was to prevent that shedding of blood which in all possibility was likely to follow that Order made the night before for resisting all such Officers who endeavoured upon how legal Warrant soever to arrest any Members of either House an Order much more unjustifiable by any Rule of Law and Justice by which Orders or Acts are to be examined than any thing We have done or any body by Our Authority That Our purpose was no other but to acquaint that House with the matter of Our Accusation to desire their Persons might be secured and without any thought of the least violation of their Priviledges This is that which We did Examine now their part and their progress since and then judge whose Priviledges have been invaded and with how good a mind to the Common-wealth they have proceeded We were no sooner gone but the House adjourned it self with some unusual expressions of offence and We were speedily informed that some Reports and Scandals were raised against Us in Our City of London That We had offered Violence to Our House of Commons come thither with force to murther several Members and used threatning Speeches there against Our Parliament and that this was but a Preface to an attempt We meant to make against and upon the City Whereupon We resolved the next day to go to the Guild-Hall and to shew the great Confidence We had in the affections of Our said City which We expected should have begot a proportionable Confidence from them in Us We went attended with very few of Our own Servants and then in the presence of the Lord Mayor the Aldermen and a very great assembly of the chief Citizens and others We made
and any found so unjust so illegal as the proceedings against the Gentlemen of Kent for preparing and presenting a Petition agreeable in form and matter to all the Rules of Law and Justice by which Men are to be informed to ask any thing as the judgment against Mr. Binyon that he should be disfranchised be incapable of ever bearing Office in the Commonwealth imprisoned in the Gaol at Colchester for the space of two years and to pay three thousand pounds fine nothing being charged and proved against him that any Law or Reason could tell him he was not to do Though the Sentences in the other Courts were in some cases too severe and exceeded the measure of the offence there was still an offence somewhat done that in truth was a crime but here Declarations Votes and Judgments pass upon Our People for matters not suspected to be crimes till they are punished And have such proceedings ever been before this Parliament If Monopolies have been granted to the prejudice of Our People the calamity will not be less if it be exercised by a good Lord by a Bill than itt was before by a Patent and yet the Earl of Warwick thinks fit to require the Letter-Office to be confirmed to him for three lives at the same time that 't is complained of as a Monopoly and without the alteration of any Circumstance for the ease of the Subject and this with so much greediness and authority that whilest it was complained of as a Monopoly he procured an Assignment to be made of it to him from the person complained of after he had by his Interest stopped the proceedings of the Committee for the space of five Months before that Assignment made to him upon pretence that he was concerned in it and desired to be heard Of such soveraign Power was his Name as it could be no longer a Grievance to Our People if it might prove an Advantage to him A Precedent very likely to be followed in many Monopolies if they may be assigned to Principal members or their friends witness the connivence now given to Sir John Meldram for his Lights since his undertaking their Service at Hull Have Partiality and Corruption in Judges obstructed the course of Justice was there ever such Partiality and Corruption when their fellow-Members of either House are by them importuned and solicited for their Votes in causes before them and no other measure or Rule to the Justice of that faction than the opinions of the persons contending What sums of mony have been given to and what contracts have been made with some Members of either House who are of this powerful Faction We complain of for preserving this Man from being questioned and promoting an Accusation against that Man for managing such a Cause and procuring such an Order We are very well able to give particular Information which We shall willingly do when there may be such a sober and secure debate as becomes the Dignity and Freedom of Parliament and the Witnesses now within their reach may neither be awed nor tampered with before Trial. For how little care there is taken for discoveries of this nature appears by that which upon complaint of a slander against Master Pym was justified and the Author averred against him for taking thirty pound Bribe to preserve a Papist from legal prosecution which hath been so long suffered to sleep at a Committee Our Case is truly stated so truly that there is scarce any Particular urged or alledged by Us which is not known to many and the most to all Men. And must Our Condition be now irreparable Are the Injuries committed against Us and the Law justifiable And must We be censured for using all possible means to be freed from them or to be repaired for them because they seem to carry the Name Consent and Authority of both Our Houses of Parliament There is not a Particular of which We complain that found not eminent opposition in both Houses and yet for the most part not above a moiety of either House present The Order of the ninth of September an Order to suspend the execution of Laws in force passed when there were not above eighty Commoners of which many dissented and but twenty Lords whereof eleven the major part expresly contradicted it The first unseasonable Remonstrance the fountain from whence all the present mischiefs have flowed was carried but by eleven Voices after fifteen hours sitting when above two hundred were absent and was never approved by the Lords The business of the Militia was at least twice rejected by double their number in the House of Peers who consented to it there being no Popish Lord present and twelve Bishops in the Tower and yet this proposed again the House being made thin of those Lords who had formerly opposed it who went out immediately it being their usual course to watch such opportunities to effect their businesses after Master Hollis his Threats and then carried The Declaration against Us sent to New-market was carried but by one Voice in the House of Peers and by a small number in the House of Commons The justifying Sir John Hotham in his Act of High Treason was opposed by many Persons of great worth though neither House had half its number And We are very far from censuring all those Persons who concurred in these or any other particulars We believe very many of them stood not in so clear a light to discern the Guilt Malice Ambition or Subtilty of their Seducers But if in truth there were a consent entirely in both Houses of Parliament as We are most assured there will never be to alter the whole frame of Government must We submit to those Resolutions and must not Our Subjects help and assist Us in the defence of Laws and Government established because they do not like them Did We intend when we called them to that great Council or did Our good Subjects intend when they sent them thither in their behalfs that they should alter the whole frame of Government according to their own Fancies and Ambition and possess those Places during their Lives What Our opinion and resolution is concerning Parliaments We have fully expressed in Our Declarations We have said and will still say they are so essential a part of the Constitution of this Kingdom that We can attain to no Happiness without them nor will We ever make the least attempt in our thoughts against them We well know that our Self and Our two Houses make up the Parliament and We are like Hippocrates Twins We must laugh and cry live and dye together that no Man can be a friend to the one and an enemy to the other the Injustice Injury and Violence offered to Parliaments is that which We principally complain of and We again assure all Our good Subjects in the presence of Almighty God that all the Acts passed by Us this Parliament shall be equally observed by Us as We desire those to be which
only what in them lieth to preserve and defend themselves their Religion and Laws from the violence of an Army first raised against them which being laid down and disbanded they offer to Disband theirs without any other condition But they are well assured that by this His Majesty's Answer here is not only a requiring of new Laws but a repealing of the old by Arms for His Majesty must have this Parliament adjourned to another place which by a Statute made this present Parliament cannot be done without the consent of both Houses He must have the Members disabled to sit there by the respective judgment of both Houses restored to their former capacity of sitting and voting or He will not consent to Disband And how destructive to the Liberties of the Parliament and dangerous to the Kingdom these Conditions required by His Majesty to precede the Disbanding are any man that hath an eye to see may easily discern As first to satisfie His first Proposition in yielding up the Magazines Ships and Forts into the hands of such persons as His Majesty shall appoint to receive the same without any admission to the two Houses to express their confidence in those persons which being performed were to yield up the principal part if not all the strength they have and expose themselves Religion and the Kingdom to the mercy of a powerful Popish Army raised against them and submit it to them and to the will and pleasure of those Counsellors whose interest with His Majesty hath brought this Kingdom to this desolate condition whether they would Disband or not Secondly to satisfie Him in His Proposition touching His Revenue wherein He demands a restitution of what hath been taken from Him which though it would prove no considerable Summ yet the time that the examination and agreement upon the account would necessarily take up would prove such as might very well make the Kingdom sink under the burthen of two Armies before it came to a conclusion And touching His Majesty's requiring a restitution of the Members to their sitting and Votes it is observable that the Demand is made without distinction of persons or offences so that be the persons never so criminous or the offences never so notorious and so the Judgment never so just yet all must be restored or no consent to Disbanding And the reason and ground of the Demand is as observable because they adhered to His Majesty in these Distractions An Argument they must confess much used by the Earl of Strafford in defence of his Treason who would have justified the most notorious Crimes laid to his charge by Authority and Commands derived from His Majesty and his zeal to advance His Majesty's Service and Profit And no doubt the same reason may be used for the Judges in case of Ship-mony and most of the Monopolists and Projectors who by Letters Patents had not only His Majesty's Command and Authority for the doing what they did but brought in great Summs of Mony to His use and benefit and that perhaps in times of necessity and want thereof and so consequently because these adhered to His Majesty for what they did was for His Profit with the like reason it may be required that all Impeachments and Proceedings against them should be repealed and laid aside And surely nothing can be more destructive and dangerous both to Parliament and Kingdom than the consenting to that Demand for what can be more destructive to both Houses than to restore those persons to have their former suffrage and Votes in Parliament over the Lives and Liberties of the People and the Priviledge of Parliament who have not only deserted the Parliament disobeyed and contemned their Authority neglected the Trust reposed in them by those that sent them thither in whose behalf they were to attend and serve there but by private practices and open hostility have endeavoured to destroy both Parliament and People And it would be an Objection of difficulty to answer whether in giving a consent to this Demand the People who are to chuse these Members should not be deprived of their interest and freedom of choice and election now devolved unto them by putting out the Members already sent And to this they might add the danger of the Precedent and the reflection of dishonour that would fall upon both Houses should they consent to this which would be with the same breath as it were to give and repeal their Judgment and pronounce sentence of injustice and rashness against themselves But they will not insist thereupon in a case otherwise so full of danger and inconvenience to the publick And touching the Proposition of Adjourning the Parliament twenty miles distant from London they shall not need in a case so apparent to spend many words to discover the inconvenience and unreasonableness thereof for should they assent unto it to pass over the inconveniences that would happen to such persons that should have occasion to attend the Parliament by removing it so far from the residency of the ordinary Courts of Justice and the places where the Records of the Kingdom remain whereof there is frequent use to be made it would not only give a tacite consent to those Scandals so often pressed and affirmed in several Declarations that is That His Majesty was forced for the Safety of His own Person heretofore to withdraw and hitherto to absent Himself from the Parliament which both Houses can by no means admit but must still deny but likewise to that high and dangerous Aspersion of awing the Members of this Parliament raised without doubt purposely to invalid the Acts and proceedings thereof and by that engine in case the Popish Army should prevail against the Parliament which they trust God in his goodness will never permit to overturn and nullifie all the good Laws and Statutes made this Parliament And it would give too much countenance to those unjust Aspersions laid to the charge of the City of London whose unexampled zeal and fidelity to the true Protestant Religion and the Liberty of this Kingdom is never to be forgotten That His Majesty and the Members of both Houses cannot with safety to their persons reside there whenas they are well assured that the Loyalty of that City to His Majesty and their Affections to the Parliament is such as doth equal if not exceed any other place or City in the Kingdom And with what safety the two Houses can sit in any other place when even in the place they now reside the House of Commons was in apparent danger of Violence when His Majesty accompanied with some hundreds of armed Men came thither to demand their Members let the World judge And now the Lords and Commons must appeal to the judgment of all impartial men whether they have not used their utmost and most faithful endeavours to put an end to the Distractions of this Kingdom and to restore it to a blessed and lasting Peace and whether their Propositions being
Propositions could be more unreasonable than those Fourteen except the former Nineteen To pass by the Preamble in which most unnecessarily they lay most heavy and most unjust Charges upon His Majesty and yet draw an Argument of His Aversion to Peace from those known Truths which either His defence or the matter in question Crimes being impossible to be spoken of but as Crimes did after extort from Him would not any man have expected that had observed with what violence this War was begun and prosecuted against His Majesty to have found in the Propositions for Peace the Demand of at least some and those very important Rights which were withheld from them before the War and so had given some colour for it But of these there appears not so much as one and yet till all these are granted and performed they do as much as say in Terms plain enough in their Conclusion that they have not any hope nor will use any endeavours that His Majesty and His People may enjoy the Blessings of Peace and Justice which was certainly by terrour of Arms to demand new Laws and as great a Proof that they did so as they seem to confess it unparliamentary if they had done it Is not the taking away of the Bishops Deans and Chapters and indeed the whole establisht Ecclesiastical frame of Order and Government a new Law yet unless His Majesty will yield to take it away though there were but five Lords present when the Bill past and though no other form be yet offered or shewed to Him but the Presbyterians and Independents are left to fight it out among themselves what shall succeed in the place His Majesty is told He must not hope for Peace And the division likely to ensue between different Parties what shall after be introduced shews sufficiently what hope there should be of Peace if He should pass it Are not the Bill against Scandalous Ministers in which most of their own Faction are appointed Commissioners that they may make way for and introduce a new Clergy of their own the Bill against Pluralities which makes no difference of conditions or merits of Persons or of value of Livings and looks not only forwards but extends to the immediate dispossessing of present Incumbents of what is vested in them for their Lives by the Law of the Land the Bill for the Consultation of Divines Persons of their own choice and most of them of their Faction and of no esteem but with themselves hardly at all bounded as to the matter and absolutely unlimited as to the time of their consultation all news Laws Is not the settling of the Militia both by Sea and Land and the Forts and Ports in such a manner as shall be agreed on by both Houses in which His Majesty is expected with a blind implicite Faith to trust them with the whole Power of the Kingdom and with His only means of defending Himself and protecting His Subjects though into what hands or for what time or in what manner they will order or dispose of it is so far from appearing to Him that it doth not yet appear that both Houses know themselves and how they have already used that Power is known to all the World both a new and a strange Demand Are the Earl of Bristoll's Removal and Exclusion from all possibility of Employment a Person uncondemned unimpeacht and unsummoned no crime or error either proved or but named against him or the choice of the Judges and Master of the Rolls the change of Commissioners of the Peace and Oyer and Terminer or the restoring of Members of the Houses even to such menial places of Service as required a personal attendance and who had yet refused to attend upon command or the assenting to whatsoever Acts He shall be advised for paying of Debts contracted upon the publick Faith that is by the Authority of both Houses by which His Majesty must allow Himself to be no no part of the publick and must directly allow and as it were ratifie that Rebellion which this Money was raised to foment either due to them by Law or reasonable in themselves Doth the directing His Majesty with whom and how far to make Alliances belong to them or was that at all necessary His inclination to the strictest bands with Princes and States of the Protestant Religion being by the Match of His Daughter sufficiently expressed And yet till all this be done and unless He will pardon all that have born Arms against Him and leave those that have assisted Him to their Mercy who have none they will not promise any hopeful endeavours for Peace and Justice But is there any thing else that is due by Law which was before denied and is here demanded that can in any degree justifie or extenuate that ever Peace was broken and Justice destroyed Not so much as one tittle Did His Majesty give any Commission till they had mustered many men Or did He so much as take any Guard to Him till both they had a much greater many months and had of their own Authority ordered a Serjeant-Major-General of their City Forces and till His Magazine and Town were by Arms kept against Him though He were provoked to it before by all the other Indignities and Injuries which Insolence and Injustice could devise Was not Sir John Hotham for all his known Treason refused to be left by them to Justice and the trial of the Law before ever any that was but call'd a Delinquent was protected by His Majesty And was not His Majesty then denied that which themselves confess to be the due and right of the meanest Subject and do so far expect as to look upon it rather as a scorn than a satisfaction now His Majesty offers it to them Was any one Papist armed by His Majesty before many of that Religion and multitudes of persons against whose Recusancy the Law is as severe as against theirs were armed against Him or than either until their mere being of that Religion made them without colour of Law be plunder'd and imprison'd in all parts and some of them fly into His Army for protection Did not His Majesty before of himself often offer to vindicate the Privileges of Parliament from any imaginable breach of them in the business of the Lord Kimbolton and Five Members and did He not offer to wave their Charge willingly submitting it to the publick Peace So that the obtaining that demand or the disbanding of the Army or the disarming of Papists or the trial of Delinquents though they make some such shew as they are set in this place yet not any of them were any grounds of this their War And all that is due in these Demands having been offered before the War or occasioned or necessitated by it and being still to be had without it the whole People cannot but see that nothing but Fears and Jealousies have been the fumes with which they have so intoxicated His seduced Subjects
a yielding and submission we know not what is left to Treat upon These things are too apparent to every ordinary understanding And yet we are not forward to apprehend the Scorn of that Letter or take it for a Denial of a Treaty but being still sollicitous for that happy Peace which alone could redeem this Kingdom from Ruine we resolved to try another way and for avoiding Delay or Cavil about Names or Titles or descants upon words to forbear writing and humbly besought His Majesty to send Messengers with Instructions to desire a Treaty for Peace Who was pleased to name Mr. Richard Fanshaw and Mr. Thomas Offly Gentlemen of clear Repute and Integrity and to avoid their danger in repairing to Westminster at our desire commanded the Earl of Forth His General to write to theirs for a safe Conduct for those two Messengers for such is our Condition at present that a free-born Subject sent upon the Kings Message cannot but with such leave repair to London or Westminster without danger of his Life The Letter for the safe Conduct was as followeth My Lord I Cannot so willingly write to you in any business as in that of Peace the Endeavour thereof being the principal Duty of those who are trusted in places of our Commands especially when the Blood that is spilt is of persons under the same Allegiance of the same Country and Religion His Majesty continuing constant in His pious and fervent desires of a happy end to these bloody Distractions I do hereby desire your Lordship to send me a safe Conduct to and from Westminster for Mr. Richard Fanshaw and Mr. Tho Offly to be sent by His Majesty concerning a Treaty for Peace I rest Your Lordships humble Servant Forth To this was returned a Letter directed to the Earl of Forth in these words viz. My Lord YOV shew your Nobleness in declaring your willingness to write to me in any business as of that of Peace and I joyn with you in the same opinion that it ought to be a principal Duty of those who are trusted in places of our Command and therefore whensoever I shall receive any directions to those who have intrusted me I shall use my best endeavours and when you shall send for a safe Conduct for those Gentlemen mentioned in your Letter from His Majesty to the Houses of Parliament I shall with all cheerfulness shew my willingness to further any way that may produce that Happiness that all honest Men pray for which is a true understanding between His Majesty and His faithful and only Council the Parliament Your Lordships humble Servant Essex Essex-House 19. Feb. 1643. That this doth neither grant a safe Conduct nor give any direct Answer to the Earl of Forth 's Request every ordinary Eye may see and yet such Requests amongst Generals are rarely denied and we may easily thereby discern how fearful they at Westminster are lest the poor distressed People of this Kingdom should by the advantage of a Treaty and free debate of the present Difference see how grossly they had been deceived and misled and so obtain an end of their Miseries for otherwise who could have believed that when these Differences arose and were continued for want of a free Convention in Parliament and that a main end of the Treaty was to resolve how we according to Our Duty and the Trust reposed in us by our Countries might with them freely debate and advise His Majesty in those things that concerned the maintenance of our Religion Parliament-Privileges the Kings Rights and the Subjects Liberty and Property that this Letter should tell us that the Party we are to Treat withal is the Kings only Council excluding all others not only our selves called by the same Authority to Council as they were but His Privy-Council also and Council at Law so that we could have no hopes of a Treaty unless we should first agree that they are the Parliament and the Kings only Council whereby they that are parties would bccome the only Judges of all things in question which would be a Submission and not a Treaty Having received these frivolous delays which we might have interpreted absolute denials of any Treaty of Peace we yet resolved not to give over our endeavours for that which so much concerned the good of our Country and the welfare of all Professors of the true Protestant Religion but by our humble and earnest desires to his Majesty prevailed with Him to write His Royal Letters and once more desire a Treaty for Peace though it had been so often formerly rejected and to avoid all colour of Exception to direct it To the Lords and Commons of Parliament assembled at Westminster which was done and enclosed in a Letter from the Earl of Forth to their General A Copy of both which Letters hereafter follows My Lord I Have received your Letter of the 19 th of this Month which according to my Duty I shewed to His Majesty Who observing in it your expressions concerning Peace that whensoever you shall receive any directions to those that have entrusted you you shall use your best endeavours is graciously pleased to send this enclosed which is desired may be delivered according to the directions Directed to the Earl of Essex Subscribed by the Earl of Forth C. R. OVT of Our most tender and pious sense of the sad and bleeding condition of this Our Kingdom and Our unwearied desires to apply all Remedies which by the blessing of Almighty God may recover it from an utter Ruine by the Advice of the Lords and Commons of Parliament assembled at Oxford We do propound and desire That a convenient number of fit Person may be appointed and authorized by you to meet with all convenient speed at such Place as you shall nominate with an equal number of fit Persons whom We shall appoint and authorize to Treat of the ways and means to settle the present Distractions of this Our Kingdom and to procure a happy Peace and particularly how all the Members of both Houses may securely meet in a full and free Convention of Parliament there to Treat consult and agree upon such things as may conduce to the maintenance and defence of the true Reformed Protestant Religion with due consideration to all just and reasonable ease of tender Consciences to the settling and maintaining of Our just Rights and Privileges of the Rights and Privileges of Parliament the Laws of the Land the Liberty and Property of the Subject and all other Expedients that may conduce to that blessed end of a firm and lasting Peace both in Church and State and a perfect understanding betwixt Vs and Our People wherein no Endeavours or Concurrence of Ours shall be wanting And God direct your hearts in the ways of Peace Given at Our Court at Oxford the third day of March 1643. Superscribed To the Lords and Commons of Parliament Assembled at Westminster We now appeal to all the World what could more have been done
Foreign Power to invade this Kingdom is from having the Countenance Authority and Approbation of the two Houses of Parliament The great Industry and ill Arts used by those who have since been principal Instruments of the present Rebellion to bring in Persons of their Faction into the House of Commons the admitting and receiving such who were neither lawfully chosen nor lawfully returned by their Country and the putting and keeping out others whose Opinions were not liked the reprehending reproaching and imprisoning of Members for speaking freely according to their Consciences in matters in debate the posting and setting up mens Names in publick places and proscribing them as Enemies to their Country who dissented in the Houses in opinion in matters debated and being complained plained of no reparation granted the sitting at unparliamentary hours thereby wearying and tiring many Members from attendance and so in a thin House altering and reversing the resolution taken in a full House the refusing to receive and suppressing Petitions against Persons in favour though in point of Bribery and corruption in Judicatory and the like of other Petitions from whole Counties for the preservation of the Government of the Church as from Notinghamshire and Somerseshire whilst others against it were received with great countenance and approbation from mean unknown People the getting with great labour and Faction several hands to Petitions from Counties and then framing new Petitions at London and annexing the hands formerly gotten in the Country to those Petitions of which they who subscribed their hands know nothing as in the Petition of Buckinghamshire and the setting names in London to Petitions in the name of as if they had been subscribed in remote Counties the usurping of Jurisdictions to supersede Acts of Parliament and to dispense with the breach of Laws in force the suffering undutiful and disloyal language against the Sacred Person of the King without so much as Reprehension and the denying His Majesty's Negative Voice we insist not so much on though very prejudicial and scandalous to the Privileges and Honour of Parliament as on those Acts of Force and Violence which are contrary and destructive to the Freedom and Liberty of Parliament Shortly after His Majesty returned from Scotland there being a very long debate in the House of Commons concerning an unparliamentary Remonstrance to be published to the People of the State of the Kingdom which many of us then thought might prove prejudicial to the Peace thereof Captain Venne then a Member of the House of Commons who had before bragged of having brought down the People upon the two Houses and so drawn Resolutions from them sent Notes in writing under his Hand into the City that the People should come down to Westminster for that the better part of the House was like to be over-powered by the worser part whereupon both at that time and some days after Multitudes of the meanest sort of people with weapons not agreeing with their condition or custom in a manner very contrary and destructive to the Privilege of Parliament filled up the way between both Houses offering Injuries both by words and actions to and laying violent hands upon several Members proclaiming the Names of several of the Peers as evil and rotten-hearted Lords crying out many hours together against the established Laws in a most tumultuous and menacing way This action of Captain Venne's was complained of to the House of Commons and Witnesses offered to prove it a fellow who had assaulted and reproached a Member of the House of Commons in those Tumults was complained of and shewed to the House in the number of those who brought a Petition to the Bar and yet in neither of these cases Justice or so much as an Examination could be obtained Upon a suggestion and pretence of Danger and suit made to His Majesty a Guard was allowed and appointed by Him for the Security of both Houses shortly after this Guard was refused and discharged by themselves and a new Guard appointed by them without His Majesty's Consent thereby to awe all those who concurred not with them A legal Writ issuing out by the direction of the House of Peers under the Great Seal of England to prevent those Tumults which daily infested both Houses the Justices of the Peace for executing that Writ according to their Oaths were imprisoned by the House of Commons A Commission under the Great Seal of England for enquiry after Riots committed in Southwark was likewise superseded by an Order of the House of Commons and when the Lords desired by several Messages that the House of Commons would joyn with them in a Declaration against Tumults they refused or neglected to joyn with them it being said by Mr. Pym in the House of Commons God forbid we should dishearten our Friends who came to assist us And albeit some of the Lords professed that if the People were again drawn down in that tumultuous manner they would no more come to the House and albeit an Order was made that in such a case the House should be presently adjourned yet those Tumults again appearing that Order though urged by several Lords was not suffered to be executed The House of Commons having desired the House of Peers to join with them in desiring His Majesty that the Militia of this Kingdom might be put into such hands as both Houses did confide in and this desire having been put to the Question and carried negatively by much the major part of the Lords it being again resumed at another time contrary to the course of Parliament the debate was begun with a Declaration made by several of those Lords against whom that Question was twice carried by Votes and that by much the major part that whosoever refused in this particular to joyn with the House of Commons were in their opinions enemies to the State words destructive from the Liberty and Freedom of debate During the time that this business of the Militia was in debate that is before it had the approbation and consent of the House of Peers a Petition in a tumultuous manner was delivered to the House of Lords in the name of the Knights Gentlemen Free-holders and others the Inhabitants of the County of Hartford reckoning up the causes of the present Fears Troubles and Distractions and amongst them the want of Compliance in that Honourable House with the House of Commons in entertaining those many good motions and passing those necessary Bills presented to them from that House for the publick good and desiring liberty to protest against all those as Enemies to the publick who refused to joyn with the Honourable Lords whose endeavours were for the publick good and with the House of Commons for the putting the Kingdom into a posture of Safety under the Command of such persons as the Parliament should appoint Several Petitions of the same nature particularly one under the Title of the Knights Gentlemen Free-holders and other Inhabitants of the
County of Surrey directed to the House of Peers concluded with this close That they should be in duty obliged to mantain their Lordships so far as they should be united with the House of Commons in their just and pious proceedings sufficiently intimating that if they joyned not with the House of Commons they then meant as much as others had plainly professed About the same time a Citizen saying at the Bar of the House of Commons That they heard there were Lords who refused to consent and concur with them and that they would gladly know their names or words to that effect a Petition in the name of many thousand poor People in and about the City of London was directed to the House of Commons taking notice of a malignant Faction that made abortive all their good motions which tended to the Peace and Tranquillity of this Kingdom desiring that those noble Worthies of the House of Peers who concurred with them in their happy Votes might be earnestly desired to joyn with that Honourable House and to sit and Vote together as one entire body and professing that unless some speedy remedy were taken for the removing all such Obstructions as hindred the happy progress of their great Endeavours their Petitioners should not rest in quietness but should be forced to lay hold on the next remedy which was at hand to remove the disturbers of the Peace and Want and necessity breaking the bounds of Modesty not to leave any means unessayed for their relief lastly adding that the cry of the poor and needy was that such Persons who were the obstacles of their Peace and the hinderers of the happy proceedings of this Parliament might be forthwith publickly declared whose removal they conceived would put a period to those Distractions And this Petition was brought up to the House of Lords by the House of Commons at a Conference And after the same day Master Hollis a Member of the House of Commons in a Message from that House pressed the Lords at their Bar to joyn with the House of Commons in their desire about the Militia and farther with many other expressions of like nature desired in words to this effect That if that desire of the House of Commons were not assented unto those Lords who were willing to concur would find some means to make themselves known that it might be known who were against them and they might make it known to those that sent them After which Petition so strangely framed countenanced and seconded many Lords thereupon withdrawing themselves the Vote in order to the Militia twice before rejected was then passed After these and other unparliamentary Actions many things rejected and settled upon solemn debate were again after many Threats and Menaces resumed altered and determined contrary to the Custom and Laws of Parliament And so many of us withdrew our selves from thence where we could not Sit Speak and Vote with Honour Freedom and Safety and are now kept from thence for our Duty and Loyalty to our Sovereign And though some of us Sate and continued there long after this hoping that we might have been able to have prevented the growth and progress of farther Mischief yet since the Privilege of Parliament is so substantial and entire a Right that as the Invasion of the Liberties of either House is an injury to the other and the whole Kingdom so the Violence and Assaults upon any of our fellow-Members for expressing their opinions in matters of debate were instances to us what we were to look for when we should be known to dissent from what was expected and under that consideration every one of our just Liberties suffered violation Many of us for these and other reasons after His Majesty Himself was by many Indignities and Force driven from Westminster have been contrary to the Right and Freedom of Parliament Voted out of the House without committing any Crime and some of us without hearing or so much as being summoned to be heard and so our Countries for which we were and are trusted have been without any Proxies or Persons trusted on their behalf An Army hath been raised without and against His Majesty's Consent and a Protestation enjoyned to live and die with the Earl of Essex their General of that Army and a Member now amongst us refusing to take that Protestation was told That if he left not the Town speedily he should be committed to the Tower or knocked on the head by the Souldiers All Persons even the Members of both Houses have been and now are forced or injoyned to contribute for the maintenance and support of that Army A trayterous Covenant is since taken by the Members who remain and imposed upon the Kingdom That they will to their power assist the Forces raised and continued by both Houses of Parliament against the Forces raised by the King with many other Clauses directly contrary to their Allegiance and another for the alteration of the Covenant of the Church established by Law and such Members as have refused according to their Duty and Conscience to take those Covenants have been imprisoned or expelled so as they have suffered none to reside with them but those who are engaged with them in their desperate courses The whole Power and Authority of both Houses is delegated against the Law and nature of Parliament to a close Committee which assumes and usurps the Power of King Lords and Commons disposes of the Persons Liberties and Estates of us and our fellow-Subjects without so much as communicating their Resolutions to those that sit in the Houses And when an Order hath been reported to be confirmed by them it hath been only put to the Question no debates being suffered it having been said in the House where the Commons sit to those who have excepted against such an Order when presented That they were only to Vote not to dispute and thereupon all Argument and contradiction hath been taken away And to shew how impossible it is to contain themselves within any bond of civility and humanity when they have forfeited their Allegiance after the attempt in a most barbarous manner to murther the Queens Majesty at Her landing at Burlington by making many great shot at the house where She lodged for Her repose after a long Voyage by Sea where by God's blessing it was disappointed they impeached Her of High Treason for assisting the King Her Husband and the Kingdom in their greatest necessities All Petitions and Addresses for Peace have been with great Art and Vehemence discountenanced and suppressed whilst others for Sedition and Discord have with no less industry and passion been promoted And when the Members of the House of Commons in August last had agreed upon a long and solemn debate to joyn with the Lords in sending Propositions of Peace to His Majesty the next day printed Papers were scattered in the Streets and fix'd upon the publick places both in the City and Suburbs requiring all Persons
well-affected to rise as one man and to come to the House of Commons next Morning for that 20000 Irish Rebels were landed which direction and information was likewise that day given in Pulpits by their Seditious Preachers and in some of those Papers were subscribed That the Malignant Party had over-voted the good and if not prevented there would be Peace the Propositions for Peace being the day before carried by nine and twenty Voices A Common-council was called late at night though Sunday and a Petition there framed against Peace which was the next morning brought to the House countenanc'd by Alderman Pennington a known Promoter and Governour of those Tumults and attended with a multitude of mean Persons who used Threats Menaces and Reproaches to the Members of both Houses Their Petition took notice of Propositions passed by the Lords for Peace which if allowed would be destructive to Religion Laws and Liberties and therefore desired an Ordinance according to the Tenor of an Act of their Common-council the night before Thanks was given them by the Commons whilst the Lords complained of the Tumults and desired a concurrence to suppress them and to prevent the like many of the People telling the Members of both Houses That if they had not a good Answer they would be there the next day with double the number By these Threats and Violence the Propositions formerly received were rejected and all thoughts of Peace laid aside Shortly after great numbers of Women resort to the House where the Commons sate with a Petition for Peace Troops of Horse were hereupon sent for who wound and kill several of the Women and disperse the rest Then special notice was taken of those Members who seemed most importunate and desirous of Peace and thereupon the late Covenant eagerly and severely pressed upon them By reason whereof and the other miscarriages whereby their freedom was absolutely taken from them divers of both Houses withdrew themselves And we must now appeal to all our fellow-Subjects of this Kingdom who have taken the Oaths of Allegiance and Supremacy who have any knowledge of the Rights Customs and Privileges of Parliament or of the Frame and Constitution of this Realm whether we or they have failed in our Duty to our King or Country and whether we have not in discharge of a good Conscience undergone the evils we have born And then we doubt not we shall not be thought less Members of Parliament though we are not at Westminster than if that City were in the possession of a Foreign Enemy Yet we confess the Place to be so material that if there were that Liberty and Freedom which is due to the Members and indeed is the life of Parliament the Act of those in the House being a lawful Act is the Act of the House though there were a greater number absent all who were of another opinion but in our case when we are by force driven away and by force kept away and when nothing can be said to justifie the Actions which are done but the Reputation and Number of the Actors we rely so much upon the understanding and honesty of our Country-men that they will believe when they see our concurrence and unanimity in Resolutions and Counsel for their Peace welfare and security as we are confident the number of those who concur in this Declaration is greater than hath concurred in most if not in any of those things of which we complain that it will be better for them to be advised by us at Oxford than by those at Westminster from whence we are absent only by reason of those Outrages and Violence offered to our Persons or our Consciences which takes away all Freedom and consequently all Authority from those Councils and where indeed these men ought not to undertake to act any thing till that Freedom and Liberty be restored to us who as long as this Parliament shall continue notwithstanding all the Votes of those who are guilty of Treason and Rebellion mustaccount our selves and shall be accounted by our Country the true and lawful Members of Parliament Having said thus much to undeceive our Brethren and that our fellow-Subjects may be no longer seduced to unlawful actions by colour and pretence of Parliament we shall briefly present to their view and consideration the danger and condition of His Majesty's Person His Honour and Rights the Religion and Liberty of the Kingdom the defence and maintenance of which those Persons with whom we cannot agree seem and pretend to undertake For their Care of the Honour and Safety of His Majesty's Person to the which we are so absolutely obliged and so solemnly sworn we shall need only to mention which we mention with great sadness of Heart and Horrour the taking by force His Majesty's Forts Towns Navy the assuming a power over the Militia of the Kingdom the denying his Majesty's Negative Voice the uncomely insolent and disloyal mentioning of His Majesty's Person the neglect contempt and violation of Leagues made by His Majesty with Foreign Princes in the Injuries and Affronts done to their publick Ministers and otherwise the transcendent presumption of sending Agents to Foreign Princes and in the Name of the States of England the traytourcus distinction between the Person of the King and His Office and declaring that an attempt upon His Life is not High-Treason which Doctrine is so much countenanced that Persons who have threatned to Kill the King having been complained of have been left unpunished and the Witnesses and Prosecutors threatned or discountenanced the raising an Army against Him and therewith giving Battle to His Person All which are known to be very unagreeable with the Affection Duty and Loyalty of Subjects and English-men Concerning Religion we cannot but with bleeding Hearts and trembling Souls consider the unheard-of Impieties and Prophanations exercised in Churches and Consecrated places the Countenance and licence given to scandalous debosh ignorant Lay-persons to Preach and exercise the Office of the Ministry the suppressing and cruel using and imprisoning in Gaols and on Ship-board Godly Learned Orthodox Divines famous and exemplary in their Lives and Doctrine the most eminent Assertors of the Protestant Religion against Popery and Innovations the scurrilous and scandalous reviling scoffing and suppressing the Book of Common-Prayer compiled by glorious Martyrs for the Protestant Religion established by Law and so long and so publickly used and acknowledged as an excellent and unparallel'd form of Devotion and Divine Service the suspending the execution of the Act of Parliament made in the first year of Queen Elizabeth of famous memory for Uniformity of Common-Prayer by an Order under the hand of a private Member of the House of Commons and that during the recess of both Houses the stirring up and inciting the People to Rebellion in Pulpits and which is the greatest Scandal and Reproach to the Protestant Religion that can be imagined the making Religion it self the ground and cause of Rebellion
Estates of the Parliament in Scotland or the said Commissioners of that Kingdom whereof they are Subjects and that in those cases of joynt concernment to both Kingdoms the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdoms 4. To order the War of Ireland according to the Ordinance of the 11 th of April and to order the Militia and conserve the peace of the Kingdom of Ireland XVIII That His Majesty give His assent to what the two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished XIX That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the great Seal deserted the Parliament and that the said great Seal was surreptitiously conveyed away from the Parliament being the 21. day of May 1642. and who shall be hereafter made shall not sit or Vote in the Parliament of England without consent of both Houses of Parliament and that all Honour and Title conferred on any without consent of both Houses of Parliament since the 20. day of May 1642. being the day that both Houses declared That the King seduced by evil Counsel intended to raise War against the Parliament be declared null and void The like for the Kingdom of Scotland those being excepted whose Patents were passed the great Seal before the 4. of June 1644. XX. That by Act of Parliament the Deputy or chief Governour or other Governours of Ireland be nominated by both Houses of Parliament or in the Intervals of Parliament by the Commissioners to continue during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting And that the Chancellor or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-Ports Chancellors of the Exchequer and Dutchy Secretaries of State Judges of both Benches and of the Exchequer of the Kingdoms of England and Ireland be nominated by both Houses of Parliament to continue quamdiu se bene gesserint and in the Intervals of Parliament by the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland adding the Justice General and in such manner as the Estates in Parliament there shall think fit XXI That by Act of Parliament the Education of Your Majesty's Children and the Children of Your Heirs and Successors be in the true Protestant Religion and that their Tutors and Governours be of known Integrity and be chosen by the Parliaments of both Kingdoms or in the Intervals of Parliaments by the aforenamed Commissioners to be approved or disallowed by both Parliaments at their next sitting and that if they be Male they be married to such only as are of the true Protestant Religion if they be Female they may not be marryed but with the advice and consent of both Parliaments or in the Intervals of Parliament by their Commissioners XXII That Your Majesty will give Your Royal Assent to such ways and means as the Parliaments of both Kingdoms shall think fitting for the uniting of the Protestant Princes and for the entire Restitution and Re-establishment of Charles Lodwick Prince Elector Palatine His Heirs and Successors to His Electoral Dignity Rights and Dominions Provided that this extend not to Prince Rupert or Prince Maurice or the Children of either of them who have been the Instruments of so much blood-shed and mischief against both Kingdoms XXIII That by Act of Parliament the concluding of Peace or War with Foreign Princes and States be with advice and consent of both Parliaments or in the Intervals of Parliaments by their Commissioners XXIV That an Act of Oblivion be passed in the Parliaments of both Kingdoms respectively relative to the Qualifications in the Propositions aforesaid concerning the joint Declaration of both Kingdoms with the exception of all Murderers Thieves and other Offenders not having relation to the War XXV That the Members of both Houses of Parliaments or others who have during this Parliament been put out of any Place or Office Pension or Benefit for adhering to the Parliament may either be restored thereunto or otherwise have Recompence for the same upon the humble desire of both Houses of Parliament The like for the Kingdom of Scotland XXVI That the Armies may be Disbanded at such time and in such manner as shall be agreed upon by the Parliaments of both Kingdoms or such as shall be Authorized by them to that effect XXVII That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Mis-user or Abuser That the Militia of the City of London may be in the ordering and Government of the Lord Major Aldermen and Commons in Common-Council assembled or such as they shall from time to time appoint whereof the Lord Major and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the weekly Bills of Mortality may be under Command of the Lord Major Aldermen and Commons in Common-Council of the said City to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removable by the Common-Council That the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent and that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future And for prevention of Inconveniences which may happen by the long intermission of Common-Councils it is desired that there be an Act that all By-Laws and Ordinances already made or hereafter to be made by the Lord Major Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating of the same shall be as effectual in Law to all intents and purposes as if the same were particularly enacted by the Authority of Parliament and that the Lord Major Aldermen and Commons in Common-Council may add to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their farther Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament Upon consideration of which Propositions His Majesty sent the Duke of Richmond and the Earl of Southampton with this Message of the 13. of December HIS Majesty hath seriously
John Earl of Lowdon Lord Chancellour of Scotland Archibald Marquess of Argyle John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir John Smith Mr. Hugh Kennedy and Mr. Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion or with any Ten or more of them upon and touching the matters contained in the said Propositions Answers and Messages or any other according to the manner and agreement therein specified or otherwise as they or any Ten or more of them shall think fit and to take all the premises into their serious considerations and to compose conclude and end all differences arising thereupon or otherwise as they or any Ten or more of them in their wisdoms shall think fit and upon the whole matter to conclude a safe and well-grounded Peace if they can And whatsoever they or any Ten or more of them shall do in the premises We do by these presents ratifie and confirm the same Given at Our Court at Oxford the eight and twentieth day of January in the Twentieth year of Our Reign 1644. Their Commission to the English Commissioners Die Martis 28. January 1644. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyn with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only to Treat with the Lord Duke of Richmond the Marquess of Hartford the Earl of Southampton the Earl of Kingston the Lord Dunsmore Lord Capel Lord Seymour Sir Christopher Hatton Sir John Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardiner Master John Ashburnham and Master Jeffrey Palmer or any Ten of them upon the Propositions formerly sent to His Majesty for a safe and well-grounded Peace from His Majesty's humble and Loyal Subjects assembled in the Parliaments of both Kingdoms together with Doctor Steward upon the Propositions concerning Religion only and upon His Majesty's Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Jo. Browne Cler. Parliam Their Commission to the Scots Commissioners AT Edenburgh the saxteÃnt day of Julii the Èeir of God M. Vj c fourty four Èeires The Estaites of Parliament presentlie conveined be vertew of the last act of the last Parliament haldin by His Majesty and thrie Estaites in Anno 1641. considdering that this Kingdome efter all uther meanes of supplicationnes Remonstrances and sending of Commissionaris to His Majesty have bein used without successe did enter into a solemne League and Covenant with the Kingdom and Parliament of England for Reformationne and defence of Religionne the Honor and Happines of the King the Peace and Safety of the thrie Kingdoms of Scotland England and Ireland and ane Treattie aggried upon and ane Armie and Forces raised and sent out of yis Kingdom for these endis Quhairupone the Conventionne of Estaites of this Kingdome the nynt of Jannuary last being desirous to use all good and lawful meanes that Treuth and Peace might be established in all His Majesty's Dominions with such a blessed Pacificationne betwixt His Majesty and His Subjectis as might serve most for His Majesty's trew Honor and the Safety and Happines of His People granted Commissione to Johne Erle of Lowdonne Heigh Chancellor of Scotland Johne Lord Maitland than and Èit in England Sir Archibald Johnestounne of Wariestounne ane of the Lordis of Sessionne and Maister Robert Barclay now in England to repaire to England with powar to thame or any twa of yame to endeavoure the effectuating of ye foirsaides endis conforme to the Commissione and Instructiones than givin to thame as the Commissione of the dait foirsaid proportis Lyke as the saides Johne Lord of Maitland Sir Archibald Johnestounne and Maister Robert Barclay have evir sinceattendit in England in the discharge of the foirsaid Commissione qunhil lately that Sir Archibald Johnestounne returned with some Propositiones prepaired by the Committie of both Kingdomes to be presented to the Estaites of Scotland and to both Howss of the Parliament of England and by thame to be revised and considderit and than by mutual advyse of both Kingdomes to be presented for ane safe and weill-grounded Peace Qwhilkies Propositiones ar revised and considderit and advysed be the Estaites of Parliament now conveined and their sense and resultis drawin up yrupone Whiche Commissione is to endure while the comming of the Commissionaris underwrittin And heirewith also considderin that the endis for the whilk the samen was granted ar not Èit effectuate and that the Propositiones with ye Estaites thair resultis yrupone ar to be returned toye Parliament of England thairfore the Estaites of Parliament be thir presentis gives full powar and Commissione to the said Johne Erle of Lowdonne Lord heigh Chancellor of yis Kingdome Archibald Marqueis of Arg yle and Johne Lord Balmerino for the Nobility Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Maister George Dundas of Maner for the Barrones Sir Johne Smyth of Grottel Proveist of Edenburgh Hew Kennedy Burges of Air and Master Robert Barclay for the Burrowes the thrie Estaites of yis Kingdom and to Johne Lord Maitland supernumerarie in this Commissione or to any thrie or mae of the haill number thair being ane of ilk Estaite as Commissionaris from the Estaites of Parliament of this Kingdome to repaire to the Kingdome of England sick of them as ar not thair already and with powar to thameor any thrie or mae of the whole number thair being ane of ilk Estaite to endeavour the effectuating of ye foirsaides endis the concluding of the Propositions with the Estaites th aire results thairupon and all such uyr materis concerning the good of bothe Kingdomes as ar or sall be from time to time committed unto thame be the Estaites of yis Kingdome or Committies thairof according to the Instructiones givin or to be givin to the Commissionaris abovenameit or thair quorums And for this effect the Estaites Ordeanes Johne Erle of Lowdonne Chancellor Johne Lord Balmerino Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Hew Kennedy repaire with all diligence to the Kingdome of England to the essect before rehearsit conforme to this Commissione and Instructiones As also the Estaites Ordeanes ye saides Archibald Marqueis of Argyle Maister George Dundas of Maner and Sir Johne Smyth Proveist of Edenburgh to repaire to ye Kingdome of England with all sick conveniencie as the occasione of
ye businesse shall require or as they sall be commandit ather be the Committie from the Parliament heir they being in Scotland or be the Committie with the Army they being in England And Ordeanes thame to joyne with the remanent Commissionaris to the effect above-mentionat conforme to the Commissione and Instructiones givin or to be givin to the Commissionaris or thair quorums thairanent be the Estaites of this Kingdom or Committies yrof And the Estaites of Parliament be thir presentis haldis and sall halde firme and stable all and what summe ever thinges the Commissionaris abovenamit or any thrie or mae of thame sall do conforme to this Commissionne and to the Instructionnes givin or to be givin to thame Estractit furthe of the buikes of Parliament be me Sir Alexander Gibsonne of Dunrie Kynt Clerk of His Majesty's Registers and Rollis under my signe and subscriptione Manuel Alexander Gibsonne Cler. Regist After the Commissions read their Commissioners delivered to His Majesty's Commissioners this Paper January the 30. VVE are directed by our Instructions to Treat with your Lordships upon the Propositions concerning Religion the Militia and Ireland three days apiece alternis vicibus during the space of twenty days from the 30 of January beginning first with the Propositions of Religion and accordingly we shall deliver unto your Lordships a Paper to morrow morning upon those Propositions Accordingly the Treaty did proceed upon those Subjects three days apiece alternis vicibus beginning with that of Religion upon Friday the last of January and so continuing Saturday the first and Monday the third of February which was after resumed Tuesday the 11. Wednesday the 12 and Thursday the 13. of February and again the two last days of the 20. And the like course was held touching the Militia and Ireland But because the Passages concerning each Subject severally will be more clearly understood being collected and disposed together under their several heads therefore all those which concern Religion the Militia and Ireland are put together And in like manner the Passages preparatory to the Treaty concerning the Commissions the Manner of the Treaty and a Seditious Sermon made the first day appointed for the Treaty and such as hapned in the Treaty touching His Majesty's Propositions the demands of farther time to Treat and other emergent Passages which have no relation to those of Religion the Militia and Ireland are in like manner digested under their several heads with their particular dates And first those which concern the Commissions Friday the last of January His Majesty's Commissioners delivered unto their Commissioners this Paper Ult. January VVE having perused the Power granted to your Lordships in the Paper delivered by the Earl of Northumberland and finding the same to relate to Instructions we desire to see those Instructions that thereby we may know what Power is granted to you and we ask this the rather because by the Powers we have seen we do not find that your Lordships in the absence of any one of your number have power to Treat Their Answer 31. January BY our Instructions we or any Ten of us whereof some of either House of the Parliament of England and some of the Commissioners of the Kingdom of Scotland to be present have power to Treat with your Lordships Their farther Answer ult Jan. VVHereas your Lordships have expressed unto us a desire of seeing our Instructions to know what Power is granted us and this the rather because you say you find not by what you have seen that in the absence of any one of our number we have power to Treat to this we return in Answer That since the Paper already delivered in by us declaring that by our Instructions any Ten of us whereof some of either House of Parliament of England and some of the Commissioners of the Kingdom of Scotland to be present had power to Treat with your Lordships hath not given you satisfaction in the particular of the Quorum we shall send unto the two Houses of Parliament to have the Quorum inserted in the Commission and do expect the return of it so amended within two or three days when we shall present it unto your Lordships But as for your desire in general to see our Instructions it is that for which we have no Warrant nor is it as we conceive at all necessary or proper for us so to do for that the Propositions upon which we now Treat have been already presented from the Parliaments of both Kingdoms unto His Majesty and whatsoever is propounded by us in order unto them is sufficiently warranted by what both Parliaments have done in the passing and sended of those Propositions and by the Commissions authorizing us to Treat upon them already shewn unto your Lordships so as there can be no need to shew any other Power Accordingly on Saturday the first of February they did deliver their Commission for the English Commissioners renewed as followeth Die Sabbati primo Febr. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyn with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only or any Ten of them whereof some of either House of the Parliament of England and some of the Commissioners of the Parliament of Scotland are to be present to Treat with the Lord Duke of Richmond the Marquess of Hartford the Earl of Southampton the Earl of Kingston the Lord Dunsmore Lord Capel Lord Seymour Sir Christopher Hatton Sir John Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardner Master John Ashburnham and Master Jeffrey Palmer or any Ten of them upon the Propositions formerly sent to His Majesty for a safe and well-grounded Peace from His Majesty's humble and Loyal Subjects assembled in the Parliaments of both Kingdoms together with Doctor Steward upon the Propositions concerning Religion only and upon His Majesty's Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Jo. Browne Cler. Parliam The same last of January their Commissioners delivered to His Majesty's Commissioners this Paper January 31. HAving considered your Commission and Power from His Majesty given in last night by your Lordships we find that you are authorized to Treat only upon certain Propositions sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster and upon His Majesty's Answers Messages and Propositions to them and their Returns to His Majesty wherein we observe that the Propositions sent to His Majesty
desire from your Lordships for the present is Whether by the Words in the first of those Propositions in your Lordships Paper annexed the respective bounds of their Dwellings you intend the several bounds of their dwelling Houses or the bounds of Parishes or whether you intend an alteration of the bounds of Parishes In the second Proposition What other Church-Officers your Lordships intend shall joyn with the Ministers in the Government of the Church and what Jurisdiction they shall exercise in order to that Government and from whom they shall derive it and in what degree be subordinate to the power from whom they derive it and what you intend by Presbyterial Government in your third Proposition In the fourth Proposition What your Lordships intend by Congregational Classical and Synodical Assemblies How Synodical Assemblies Provincial and National shall be constituted as to Persons and Causes and what shall be the bounds and limits of their Jurisdiction and from whom the several Jurisdictions above mentioned shall be derived To these particulars we would be glad if your Lordships think it fit to receive satisfaction by Debate where Questions may be asked and Replies made before any Answer be returned in writing which may ask much time and be less satisfactory but we refer the way to your Lordships Their Answer 1. Feb. VVE cannot but be sensible of the great loss of time occasioned by your Lordships Questions for Information in your last Paper and shall have small hopes of good success in this Treaty having these two days made so little progress unless your Lordships be pleased to give us full Answers to our Demands concerning Religion Yet to give all satisfaction with as little expence of time as may be we are ready by present Conference to clear the Questions in your Paper The King's Commissioners Reply in two several Papers next following 2. Feb. VVE conceive there was no cause your Lordships should apprehend any loss of time occasioned by our Questions for that your Propositions concerning Religion were not delivered to us till Friday last and the Directory then delivered with them so long that the reading of it spent the residue of that day and divers other Papers to which the Propositions referred and without which we could not consider them were not delivered us before yesterday and some of them not till after the Paper which imputes a delay to us and your Lordships having propounded only general heads of a Presbyterial Government without any particular Model of it which in several Reformed Churches as we are informed is various both in Names and Powers it was necessary to understand the particular expressions in your Paper the Alteration desired being so great and being proposed to be enacted which will require His Majesty's Consent whom we ought to satisfie having so great a Trust reposed in us And we desire your Lordships to consider how impossible it hath been for us to give your Lordships in less than two days a full Answer which in your last Paper you require to what you propose which is in effect to consent to the utter abolishing of that Government Discipline and publick Form of the Worship of God which hath been practised and established by Law here ever since the Reformation and which we well understand and the Alteration of which in the manner proposed takes away many things in the Civil Government and provides no remedy for the Inconveniences which may happen thereby And to consent to the Alienation of the Lands of the Church by which for ought appears besides infinite other Considerations so many Persons may be put to beg their Bread to oblige His Majesty and all His Subjects to the taking a new Oath or Covenant and to receive and consent to a new Government we do not nor without information cannot understand and which in truth appears to us by your Lordships Propositions not to be yet agreed upon in the particulars and your Lordships having declared to us that you have other things to propose to us concerning Religion which you do not yet think it fit time to acquaint us withal Notwithstanding all which difficulties we shall proceed with all possible expedition and desire your Lordships will not object Delays to us till we give you just occasion February 2. THAT we may make a right use of the Information your Lordships were pleased yesterday to afford us in debate upon the questions proposed by us concerning the Propositions in your Lordships Paper annexed for the future Government of the Church and so have some understanding of that Government intended by your Lordships in place of that you propose to be abolished we desire to receive your Lordships Answer in writing whether these short Collections upon the Debate yesterday be the Sum of your Lordships Resolutions or Informations upon the Questions formerly proposed by us We conceive that the information given to us in debate by your Lordship 's to the Questions we proposed to you in writing was 1. That the Congregational Assemblies consist of the Ministers and Ruling Elders 2. That the Classical Assemblies consist of many Congregational Assemblies 3. That the Provincial Assemblies are constituted to the several Classical Assemblies 4. That all these Congregational Classical and Provincial Assemblies together constitute a National Assembly 5. That the Authority and Jurisdiction of the several Assemblies shall be setled by Parliament And if your Lordships have any thing else to inform us concerning this Government we desire to receive the same from your Lordships The Kings Commissioners Paper 3. February VVE are readyby present Conference to enter upon consideration of your Lordships First Proposition concerning Religion and shall desire to receive or give satisfaction whereby we may be of one mind in that Argument And for the better entering into this Debate we desire to know whether in respect of Alteration mentioned in the Third Proposition to be made in the Bill for abolishing Episcopacy you would have this individual Bill pass or not Their Answer 3. Feb. VVE desire the Bill for the utter abolishing of Episcopacy which now remains with His Majesty may be passed without prejudice to us to insist upon the Alterations mentioned in the Third Proposition and we are ready to give your Lordships a present Conference upon the First proposition concerning Religion according to your desire After a Conference wherein much time was spent in debate concerning that individual Bill which was presented for abolishing Episcopacy their Commissioners delivered this Paper 3. February VVE desire your Lordships Answer to our Demands upon the Propositions for Religion and in the first place to the Bill for abolishing of Episcopacy which hath been so much debated that upon the expiring of the first three days appointed to Treat concerning Religion we may be able to return such an account to the Parliaments of both Kingdoms as may give them hopes of a happy progress in this Treaty The King's Commissioners Answer 3. Feb. VVE conceive
have therein received from His Majesty we conceive it not proper for us to communicate to your Lordships nor have we any warrant so to do Their Reply 17. Feb. VVE again desire of your Lordships to know whether you be limited by any Instructions or Directions what to grant or deny unto us concerning the Militia and that we may have a sight of such Instructions or Directions and which we conceive your Lordships in Justice and Reason cannot deny seeing by your Papers and Debates your insisted that it was just and reasonable for us to let you know whether we had any power by our Instructions to consent to a limitation of Time which we did accordingly And your Lordships seventh Paper this day delivered gives no Answer or satisfaction to our former Demand herein The King's Commissioners Answer 17. Feb. VVE conceive it was just and reasonable for us to demand of your Lordships whether you had power by your Instructions to consent to a limitation of Time concerning the Militia because the Time is left indefinite and not expressed in the Propositions And your Lordships Commission which gives you power to Treat relating to Instructions they are thereby part of your Power and yet your Lordships to that our Demand have given no other Answer than That by your Instructions you were to insist to have the Time unlimited but have not answered whether you had power to consent to a limitation of Time And we desire your Lordships to remember that formerly upon our desire to see your Instructions that thereby we might see what Power was granted to you by your Paper of the last of January your Lordships did answer it was that for which you had no warrant and it appearing to your Lordships that our Commission hath no reference to Instructions we conceive that your Lordships cannot expect any other Answer than we have already given to your Lordships Demand touching any Instructions or Directions to us what to deny or consent to grant in the Militia assuring your Lordships that we shall not deny but willingly consent to grant whatsoever shall be therein requisite for a full security for observing the Articles of the Treaty or otherwise agreeable to Justice or Reason Touching the Power which should be given to the Commissioners for the Militia The King's Commissioners Paper 14. Feb. VVE desire to know what Authority the Commissioners nominated by the Estates of the Parliament of Scotland are to have in the Militia of this Kingdom and what influence the Orders and Advice from the Estates of the Parliament there shall have upon this Kingdom and how far the same is to be consented or submitted to here Their Answer 14. Feb. YOur Lordships Desire expressed in your second Paper this day may be fully satisfied by the Propositions concerning the Militia where the Authority of the Commissioners to be nominated is clearly expressed both in cases of several and of joynt concernment of the Kingdoms and if upon perusal thereof any Doubts shall occur to your Lordships we are ready by Conference to clear the same The King's Commissioners Paper 15. Feb. VVE do not conceive that the Authority of the Commissioners of both Kingdoms and in both Kingdoms is clearly expressed in your Lordships Propositions and therefore we desire to be informed whether your Lordships intend that the Commissioners of Scotland shall have any Power in the setling of all Forces by Sea and Land in this Kingdom and what Authority they shall have Their Paper 15. Feb. WE do conceive that the Authority of the Commissions of both Kingdoms and in both Kingdoms is clearly expressed in our Propositions by which it doth appear how they are to act as several or as joynt Commissioners And if your Lordships shall propound any Objections against our Propositions concerning the Militia of both Kingdoms we are ready upon Conference to give your Lordships satisfaction The King's Commissioners Paper 15. Feb. WE desire to know whether in that part of the Proposition wherein the Commissioners of both Kingdoms are appointed to meet as a joynt Committee and to receive Instructions in the Intervals of Parliament from the Commissioners for the preservation of the publick Peace your Lordships mean the Commissioners to be nominated according to these Propositions or the Commissioners intended by the Act of Pacification or what other Commissioners and what Jurisdiction you intend the said Commissioners of both Kingdoms shall have by the power given them to hear and determine all differences that may occasion the breach of the Articles of the Peace according to the Treaty and by what Law they shall proceed to hear and determine the same Their Answer 15. Feb. WE intend that the Commissioners are to be nominated according to the Propositions and are to proceed in such manner as is therein expressed and if your Lordships shall make any Objections hereupon we are ready by Conference to give you satisfaction Their further Answer 15. Feb. FOR further answer to your Lorships second Paper we conceive that the matter of the Jurisdiction to be exercised by the Commissioners is expressed in the Proposition and for the manner of exercising that Jurisdiction and by what Law they shall proceed to hear and determine the same are to be settled by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively The King's Commissioners Paper 15. Feb. VVE desire to receive a perfect and full Answer from your Lordships to our first and * second Papers delivered by us this morning to your Lordships and whether your Lordships intend that the Commissioners of Scotland shall have any Power and Authority in the settling of all Forces by Sea and Land in this Kingdom and what Authority they shall have and whether the Advice or Orders of the Estates of the Parliament of Scotland shall have any influence upon the affairs of this Kingdom or the Commissioners to be named according to these Propositions otherwise than as the said Advice or Orders shall be approved and confirmed by the two Houses of Parliament of England and what Jurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of Peace and by what Law or Rule they shall proceed try and judge in the hearing and determining the same And it is most necessary for us to desire satisfaction from your Lordships to these particulars in writing since the Answer we shall give to your Lordships upon so much of your Propositions will very much depend upon our clear understanding your Lordships in these particulars it being agreed between us that nothing shall be binding or taken as agreed upon but what shall be in writing on either part Their Answer 17. Feb. VVE conceive there is a full Answer already given by us in several Papers of the 14. of this instant to the former parts of your Paper delivered in on the 15. day and to
the latter part what Jurisdiction the Commissioners shall have who may determine all differences that shall be by breach of the Articles of Peace and by what Law and Rule they shall proceed to hear and determine the same is clearly set down in our further Answer of the 15. of this instant to your second Paper delivered in to us the day before The King's Commissioners Answer thereunto 17. Feb. VVE had great reason to desire a perfect and full Answer from your Lordships to our first and second Papers delivered by us to your Lordships on the 15. of Feb. and we desire your Lordships to consider how difficult a thing it is for us to give your Lordships a satisfactory Answer to your Propositions as they relate to either or both Kingdoms or to the Power of the Commissioners of both Kingdoms as they are to be a joynt Committee to hear and determine all differences according to Instructions from both Houses of Parliament of England or the Estates of the Parliament of Scotland before your Lordships are pleased to inform us whether you intend the Commissioners of Scotland shall have any Power or Authority in the settling all Forces by Sea and Land in this Kingdom and what Authority they shall have and whether the Advice Instructions or Orders of the Estates of the Parliament of Scotland shall have any influence upon the affairs of this Kingdom or the Commissioners to be named according to those Propositions otherwise than as the said Advice Instructions or Orders shall be approved and confirmed by the two Houses of Parliament of England and what Jurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of the Peace and by what Law or Rule they shall proceed try and judge in the hearing and determining the same In all which particulars we are very sorry that we can receive no Answers from your Lordships for want whereof we may fail in giving your Lordships so satisfactory Answers to your Propositions as otherwise we might be enabled to do Their Reply 17. Feb. IT is clearly expressed in our Propositions delivered to your Lordships that all Forces by Sea and Land in this Kingdom are to be settled by the two Houses of the Parliament of England and in the Kingdom of Scotland by the Estates of the Parliament there and we conceive that the Advice Instructions or Orders of either Kingdom are to have no influence upon the affairs of the other but such as is and shall be mutually agreed upon by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland and for the Jurisdiction of the Commissioners and by what Law or Rule they shall proceed we have given your Lordships a full and clear Answer thereunto in our 5. Paper of the 15. of February The King's Commissioners Paper 17. Feb. IN the twelfth Proposition your Lordships desire an Act to be passed for confirmation of the late Treaty for the settling of the Garrison of Berwick of the 29 of Novem. 1643. which relating to the business of the Militia we hold it necessary to see before we can make our full Answer upon the whole and desire it accordingly of your Lordships Their Answer 17. Feb. AS for what concerns the Act for Confirmation of the late Treaty and for setling the Garrison of Berwick it is not now to be Treated upon but is reserved to its proper time The King's Commissioners Paper 17. Feb. VVE desire to know whether by the joynt Power mentioned in your Lordships Propositions to be given to the Commissioners for both Kingdoms to preserve the Peace between the Kingdoms and the King and every one of them your Lordships do intend any other than Military power for suppressing Forces only which is expressed after in a distinct Clause by it self and if your Lordships do intend any further Power that your Lordships would declare the same in certainty and particular Their Answer 17. Feb. VVE conceive the Power of the Commissioners mentioned in the 17. Proposition is there fully expressed to preserve the Peace betwixt the Kingdoms to prevent the violation of it or any Troubles arising in the Kingdoms by breach of the Articles and to hear and determine all differences which may occasion the same according to the Treaty and to raise Forces to resist Foreign Invasion and suppress intestine Insurrections as is more at large set down in the Proposition to which we refer your Lordships The King's Commissioners Paper 17. Feb. VVE desire to know whether the Commissioners of both Kingdoms meeting as a joynt Committee the Commissioners of each Kingdom shall have a Negative Voice so as nothing can be done without their joynt consent in matters of joynt concernment and how and by whom it shall be decided what are cases of joynt concernment to both Kingdoms Their Answer 17. Feb. IN all matters of joynt concernment the Commissioners of both Kingdoms are to act joyntly and when they shall meet as a joynt Committee upon such matters of joynt concernment the Commissioners of each Kingdom are to have a Negative Voice and in doubtful cases not expressed in the 17. Proposition to be of joynt concernment where the Commissioners cannot agree whether or no they be of joynt concernment they are to represent them to the two Houses of Parliament of England and the Estates of the Parliament of Scotland respectively to be by them determined if they be sitting and in the Intervals of Parliament if the cases be such as cannot without prejudice to both or either Kingdom admit of delay we conceive the Commissioners of each Kingdom are to act severally and to be accomptable for it to the two Houses of Parliament of England and the Estates of the Parliament of Scotland respectively at their next sitting The King's Commissioners Paper 17. Feb. VVE desire to know whether by the Propositions for settling the Forces in Commissioners to be nominated by both Houses of Parliament such as both Kingdoms may confide in your Lordships do intend that the Estates of the Parliament of Scotland shall approve or except against the Commissioners to be nominated for the Kingdom of England both at present and from time to time as the Commissioners shall dye or be removed or altered Their Answer 17. Feb. VVE conceive it to be plain by the Proposition it self that the Commissioners of both Kingdoms are respectively to be nominated by the Parliaments of either Kingdom and neither Parliament hath power to except against or approve the persons chosen by the other and we are confident there will be no cause of exception but who are chosen by either will be such as both may confide in The King's Commissioners Paper 14. Feb. VVE desire to know whether your Lordships intend by your Proposition concerning the settling of the Admiralty of Scotland by Act of Parliament to alter the inheritance of any person which is
any time or times within 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 Prebendary Canon Canon-Residentiary Petty-Canon Vicars Choral Choristers old Vicars 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 aforesaid 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 further 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 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 Packer 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 expired surrendred or ended within Three years after the making of such Lease shall be utterly 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 VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen 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 Esquire 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 conceive 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 Corporations whose Offices or Places are taken away by this Statute now having holding or enjoying any Estate Term or Interest in possession by himself his under-Tenants or Assigns 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 desiring 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 intent 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 Counties and Cities within the Kingdom of England and Dominion of VVales to be directed unto such and so many persons as by the
Richard Capel of Pitchcomb Theophilus Bathurst of Overton Watervile Philip Nye of Kimbolton D. Brocket Smith of Barkway D. Cornelius Burges of VVatford John Green of Pencomb Stanley Gower of Brampton-Bryan Francis Taylor of Yalding Tho. VVilson of Otham Antho. Tuckney of Boston Batchelor in Divinity Thomas Coleman of Bliton Charles-Herle of VVinwick Richard Herrick of Manchester Richard Cleyton of Showel George Gibbs of Ayleston D. Calibut Downing of Hackney Jeremy Boroughs of Stepney Edmund Calamy Batchelor in Divinity George VValker Batchelor in Divinity Joseph Caryll of Lincolns-Inn Lazarus Seaman of London D. John Harris Warden of VVinchester-Colledge George Morley of Milden-hall Edward Reynolds of Branston Thomas Hill of Tichmarsh Batchelor in Divinity D. Robert Saunderson of Boothby-Pannell John Foxcroft of Gotham John Jackson of Marsk VVilliam Carter of London Thomas Thoroughgood of Massingham John Arrowsmith of Lynne Robert Harris of Hanwel Batchelor in Divinity Robert Cross of Lincoln-Colledge Batchelor in Divinity James Archbishop of Armagh D. Matthias Styles of Saint George Eastcheap London Samuel Gibson of Burley Jeremiah VVhitaker of Stretton D. Edmund Stanton of Kingston D. Daniel Featly of Lambeth Francis Coke of Yoxhal John Lightfoot of Ashley Edward Corbet of Merton Colledge Oxon Samuel Hildersham of Felton John Langley of VVestuderley Christopher Tisdale of Vphusborn Thomas Young of Stow-market John Phillips of VVrentham Humphrey Chambers of Claverton Batchelor in Divinity John Conant of Lymington Batchelor in Divinity Henry Hall of Norwich Batchelor in Divinity Henry Hutton Henry Scuddir of Colingborne Thomas Baylie of Manningford-Bruce Benjamin Pickering of East-Hoateley Henry Nye of Clapham Arthur Sallaway of Seavernestoake Sydrach Simpson of London Anthony Burgess of Sutton-Coldfield Richard Vines of Calcot VVilliam Greenhill of Stepney VVilliam Moreton of Newcastle Richard Buckley D. Thomas Temple of Battersey Simeon Ashe of Saint Brides M. Nicholson Thomas Gataker of Rotherhithe Batchelor in Divinity James VVeldy of Sylatten D. Christopher Pashley of Hawarden Henry Tozer Batchelor in Divinity VVilliam Spurstow of Hampden in Com. Bucks Francis Cheynel of Oxon Edward Ellis of Gilsfield Batchelor in Divinity D. John Hacket of Saint Andrews Holborne Samuel de la Place John de la March Matthew Newcomen of Dedham William Lyford of Sherborn in Com. Dorset M. Carter of Dynton in Com. Bucks William Lance of Harrow in Middlesex Thomas Hodges of Kensington in Com. Middlesex Andreas Porne of VVilby in Com. Northampton D. Thomas VVestfield of St. Bartholomew le great London Bishop of Bristol D. Henry Hammond of Penshurst in Kent Nicholas Prophet of Marlborough in Com. VVilts Peter Sterry of London John Erle of Bishopston in Com. Wilts M. Gibbon of Waltham Henry Painter of Exceter Batchelor in Divinity M. Michelthwaite of Cherry-burton D. John Wincop of St. Martins in the Fields M. Price of Paul's Church in Covent-Garden Henry Wilkinson junior Batchelor in Divinity D. Richard Holdsworth Master of Emanuel Colledge in Cambridge M. William Duning of Coldaston and such other Person and Persons as shall be nominated and appointed by both Houses of Parliament or so many of them as shall not be letted by sickness or other necessary impediment shall meet and assemble and are hereby required and enjoyned upon summons signed by the Clerks of both Houses of Parliament left at their several respective dwellings to meet and assemble themselves at Westminster in the Chappel called King Henry the Seventh's Chappel on the first day of July in the year of our Lord One thousand six hundred forty three and after the first meetting being at least of the number of forty shall from time to time sit and be removed from place to place and also that the said Assembly shall be dissolved in such manner as by both Houses of Parliament shall be directed and the said Persons or so many of them as shall be so assembled or sit shall have Power and Authority and are hereby likewise enjoyned from time to time during this present Parliament or until further order be taken by both the said Houses to confer and treat amongst themselves of such matters and things touching and concerning the Liturgy Discipline and Government of the Church of England or the vindicating and clearing of the Doctrine of the same from all false Aspersions and Misconstructions as shall be proposed unto them by both or either of the said Houses of Parliament and no other and to deliver their Opinions and Advices of or touching the matters aforesaid as shall be most agreeable to the Word of God to both or either of the said Houses from time to time in such manner and sort as by both or either of the said Houses of Parliament shall be required and the same not to divulge by Printing writing or otherwise without the consent of both or either House of Parliament And be it further Ordained by the Authority aforesaid that William Twisse Doctor in Divinity shall sit in the Chair as Prolocutor of the said Assembly and if he happen to die or be letted by sickness or other necessary impediment then such other Person to be appointed in his place as shall be agreed on by both the said Houses of Parliament And in case any difference of Opinion shall happen among the said Persons so assembled touching any the matters that shall be proposed to them as aforesaid that then they shall represent the same together with the Reasons thereof to both or either of the said Houses respectively to the end such further direction may be given therein as shall be requisite in that behalf And be it further Ordained by the Authority aforesaid that for the charges and expences of the said Divines and every of them in attending the said service there shall be allowed unto every of them that shall so attend during the time of their said attendance and for ten days before and ten days after the sum of four Shillings for every day at the charges of the Commonwealth at such time and in such manner as by both Houses of Parliament shall be appointed And be it further Ordained that all and every the said Divines so as aforesaid required and enjoyned to meet and assemble shall be freed and acquitted of and from every offence forfeiture penalty loss or damage which shall or may arise or grow by reason of any non-residence or absence of them or any of them from his or their or any of their Church Churches or Cures for or in respect of their said attendance upon the said Service any Law or Statute of Non-residence or other Law or Statute enjoyning their attendance upon their respective Ministers or Charges to the contrary thereof notwithstanding And if any of the Persons before named shall happen to dye before the said Assembly shall be dissolved by Order of both Houses of Parliament then such other Person or Persons shall be nominated and placed in the room and stead of such Person and Persons so dying as by both the said Houses shall be thought fit and
agreed upon and every such Person or Persons so to be named shall have the like Power and Authority Freedom and acquital to all intents and purposes and also all such Wages and Allowances for the said service during the time of his or their Attendance as to any other of the said Persons in this Ordinance is by this Ordinance limited and appointed Provided always that this Ordinance or any thing therein contained shall not give unto the Persons aforesaid or any of them nor shall they in this Assembly assume to exercise any Jurisdiction Power or Authority Ecclesiastical whatsoever or any other Power than is herein particularly expressed The Votes or Orders delivered with it Die Mercurii 5. Julii 1643. ORdered by the Lords and Commons in Parliament assembled That it shall be propounded to the Assembly to morrow at their meeting to take into their Consideration the Ten first Articles of the 39. Articles of the Church of England to free and vindicate the Doctrine of them from all Aspersions and false Interpretations Jovis 6. Julii 1643. Some general Rules for the Assembly directed by the Lords and Commons in Parliament assembled 1. THat two Assessors be joyned to the Prolocutor to supply his place in case of Absence or Infirmity 2. Two Scribes to be appointed to set down all Proceedings and these to be Divines who are not Members of the Assembly viz. Mr. Henry Robrough and Mr. Adoniram Bifield 3. Every Member at his first entrance into the Assembly shall make a serious and solemn Protestation not to maintain any thing but what he believes to be Truth and to embrace Truth in sincerity when discovered to him 4. No Resolution to be given upon any Question on the same day wherein it is first Propounded 5. What any Man undertakes to prove as necessary he shall make good out of the Scriptures 6. No Man to proceed in any dispute after the Prolocutor hath enjoyned him silence unless the Assembly desire he may go on 7. No Man to be denied to enter his Dissent from the Assembly and his Reasons for it in any point after it hath first been debated in the Assembly and thence if the dissenting Party desire it to be sent to the Houses of Parliament by the Assembly not by any particular Man or Men in a private way when either House shall require it 8. All things agreed on and prepared for the Parliament to be openly read and allowed in the Assembly and then offered as the Judgement of the Assembly if the major part assent Provided that the Opinion of any Persons dissenting and the Reasons urged for it be annexed thereunto if the Dissenters require it together with the Solution if any were given in the Assembly to those Reasons Jovis 6. Julii 1643. I A. B. do seriously and solemnly in the presence of Almighty God that in this Assembly whereof I am a Member I will not maintain any thing in matters of Doctrine but what I think in my Conscience to be Truth or in point of Discipline but what I shall conceive to conduce most to the Glory of God and the good and Peace of his Church Veneris 15. Sept. 1643. ORdered by the Lords and Commons in Parliament assembled That it be referred to the Assembly of Divines to set forth a Declaration of the Reasons and Grounds that have induced the Assembly to give their Opinions that this Covenant may be taken in point of Conscience Eodem Die ORdered by the Lords and Commons in Parliament assembled That it be referred to the Committee formerly appointed to Treat with the Scotch Commissioners to Treat with them about the manner of taking the Covenant in both Kingdoms Mercurii 22. August 1643. ORdered by the Lords and Commons in Parliament assembled That it be propounded to the Assembly of Divines to consider of the Doctrine of the Nine next Articles of the 39 Articles of the Church of England to clear and vindicate the same from all Aspersions and false Interpretations The Articles of the sixth of August 1642. Articles of the Treaty concerning the Reducing of the Kingdom of Ireland to the Obedience of the Kings Majesty and Crown of England agreed upon between the Commissioners for Scotland authorized by his Majesty and the Parliament of that Kingdom and the Commissioners for England authorized by his Majesty and the Parliament of that Kingdom at Westminster the sixth day of August 1642. FIrst The Scotish Commissioners out of the sense of that Duty which the Kingdom of Scotland owes to His Majesty and the true Affection they bear towards the Kingdom of England being willing to contribute their best assistance for the speedy relief of those distressed parts in Ireland which lye nearest the Kingdom of Scotland have in the name of that Kingdom made offer of ten thousand Men to be imployed in that Service and for a further Testimony of their Zeal to His Majesties Service and Brotherly respect to the Kingdom of England have declared that the Kingdom of Scotland will upon their own Charge levy and transport these Men. Secondly Because the Kingdom of Scotland are to send over with their Army the number of Six thousand Muskets and Four thousand Pikes with such Cannon and Ammunition as shall be fitting for the service it is agreed that Four thousand Muskets and Two thousand Pikes shall be presently sent by the Kingdom of England into the Kingdom of Scotland and delivered at Leith as also that the residue of the said Ten thousand Arms and Ten thousand Swords and Belts shall be delivered there at the first of August next and that as many Cannon and Field-Pieces of the same Bore Weight and Metal shall be carried into Scotland upon their demand as they shall transport into Ireland for the service of that Kingdom and that the said whole Arms and Ammunition shall remain in Scotland until the return of the Scotish Army from Ireland at which time the same shall be restored to the Kingdom of England the Kingdom of Scotland receiving satisfaction for such of their Arms and Ammunition as shall be spent or lost in the service of Ireland As also that there shall be presently sent over from England and delivered to the Scotish Army in Ireland for the defence of the Province of Vlster six pieces of Demy-Cannon of the Ball of four and twenty pound weight with their Equipage Thirdly it is agreed That there shall be two Ships of War presently sent by the Kingdom of England to Lochryan Lamalach Port-Patrick or Air to guard and waft over the Scotish Soldiers and that the said Ships shall attend at the Ports in Ireland for serving the Scotish Army in going and returning betwixt the Coasts and keeping the Passages clear as they shall receive Orders from the chief Commanders of the Scotish Army for the time being according to Instructions received or to be received by the Master of these Ships from the Lord Admiral or Commissioners of the Admiralty for the time
Treaty from Our Commissioners We caused a Narrative thereof to be made and published wherein besides the necessary Connexions there is nothing set down but what passed in Writing But because their last Paper upon the Subject of the Militia and two last Papers concerning Ireland were delivered upon the Close of that Treaty although We conceive the Answers given in the Papers formerly delivered by Our Commissioners are abundantly sufficient to give satisfaction to those also yet because there may be a want of memory in some and of observation in others who shall read that Narrative to bring home and apply the former Answers of Our Commissioners to those Papers and because they seem to expect Answers which the Treaty being determined cannot be given by Our Commissioners and to vindicate Our Self from many Passages scattered in those Papers particularly reflecting upon Our Person and Royal Authority We have thought fit for the further satisfaction of all Our good People to make these ensuing Answers And first to that Paper concerning the Militia WHosoever shall observe the passionate expressions in the close of this Paper wherein they do most earnestly desire Our Commissioners as they tender the deplorable Estate of these bleeding Kingdoms the settling Religion Our Honour and the composing these miserable Distractions to give full and clear Answers to the Demands concerning the Militia might very well believe that they who so importunately demanded would as willingly have received an Answer But when it shall be considered that this Paper was not delivered in till after two of the Clock in the morning upon the breaking off the Treaty when they had denied any further time to treat or to receive any Papers dated as within the time of the Treaty as formerly was mutually done and this very Paper of theirs delivered in truth upon the 23. was received as dated the 22. of February it will be most apparent they kept it as a Reserve to be purposely and by design delivered so as it should remain unanswered For the matter of that Paper They say they have by their Answers satisfied the several Questions proposed to them by Our Commissioners touching the Militia It was necessary they should have done so that it being proposed to Us to part with so great a Trust as the Power of the Sword and to put it wholly out of Our own hands We might know how and to whom and for what time and upon what terms We parted with it But We will look back upon some of their Answers that it may appear what they are Our Commissioners desired to know who the Commissioners should be in whose hands the Forces both by Sea and Land should be entrusted and whether We might except against such Persons and name others in their Places of known Affections to Religion and Peace To that part of the Question Whether We might except against the Persons they made no Answer To the other part requiring who the Commissioners should be they answered That the Commissioners were to be named for England by the two Houses and for Scotland by the Estates of the Parliament there whereas the Question was not Who should name those Commissioners but Who they were that should be named a thing most necessary for Us to know before We entrusted them with so great a Power Our Commissioners desired to know Whether the Militia of London should be independent and not subordinate to those Commissioners They answered It appeared by the Propositions the same was to be ordered in such manner as should be agreed on by both Houses Which was no Answer to the Question though likewise necessary to be known the Militia of London being so great and of such importance Our Commissioners desired to know What Authority the Commissioners nominated by the Estates of the Parliament of Scotland were to have in the Militia and settling of all Forces by Sea and Land in this Kingdom and what influence the Advices and Orders from the Estates of that Parliament should have upon this Kingdom They answered That might be fully satisfied by the Propositions concerning the Militia And though Our Commissioners desired it they could get no other Answer from them in writing Our Commissioners desired to know What Jurisdiction they intended the Commissioners of both Kingdoms should have by the power given to them to hear and determine all differences that might occasion the breach of the Articles of the Peace and by what Law they should proceed to hear and determine the same They answered That the Commissioners were to proceed in such manner as was expressed in the Propositions Whereas the Propositions express no more than what is contained in the words of the Question And being further pressed to an Answer they answered That the matter of the Jurisdiction of the Commissioners was expressed in the Propositions and for the manner of exercising of it and by what Law they should proceed The same was to be settled by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively This being no Answer and a full and direct Answer being required to these Questions the Answer given was That they referred themselves therein to their former Answers Our Commissioners desired to see the Act of the late Treaty for the settling of the Garrison of Barwick of the 29. of November 1643. being made betwixt the two Houses and those of Scotland without Our Privity as relating to the business of the Militia They answered It was not then to be treated on but was reserved to its proper time and Our Commissioners could never see it Our Commissiones desired to know Whether by the joynt Power mentioned in the Propositions to be given to the Commissioners for both Kingdoms to preserve the Peace between the Kingdoms and the King and every one of them they intended any other than Military Power for suppressing Forces only which Question was asked because in the Proposition there are two distinct Clauses one whereby they have that Power to preserve the Peace the other whereby they have Power to suppress Forces In answer to this they refer Our Commissioners to the Propositions That these Answers though made to Questions arising upon the doubtful Expressions in their Propositions referring to the Propositions themselves or to what was not then but was after to be settled by the two Houses are not satisfactory Answers to those Questions is most evident But we do not wonder they were unwilling We should see the clear drift of those Propositions the ill consequence whereof which hereafter appears We are willing to believe most of those who agreed unto them did not at first apprehend They say They marvel why it should be insisted on that the Commissioners for the Militia should not be nominated by the two Houses only and that we who were to be equally secured should name none since this Power was
Commissioners should have the Power but for seven years yet We should not have it after those seven years nor at any time unless they and We could agree in it so much would they have gained by this seeming compliance in point of limitation of this Power to a time though not to that time of three years which We proposed But they justifie the Reasonableness of it for whereas Our Commissioners in their Paper to which this of theirs is applied as an Answer tell them that if the time for this Power be unlimited We and Our Posterity shall for ever part with Our peculiar Regall Power of being able to resist Our Enemies or protect Our good Subjects and with that undoubted and never-denied Right of the Crown to make War and Peace or ever more to have Jurisdiction over Our own Navy and Fleet at Sea the Command thereof being also a part of this great Power to be given to these Commissioners they answer plainly They cannot admit of this peculiar Regall Power which Our Commissioners mention to reside in Vs concerning the Militia and to make Peace and War or that it is otherwise to be exercised then by Authority from Vs and both Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively We approve of their ingenuity that now at the breaking off of the Treaty they tell Us in plain terms what they mean Though the Common-Law-books and Records of Parliament have mentioned that the sole Power of protecting the Subjects belongs to the King and that He alone hath Power to make Peace and War though it hath been the language of former Parliaments even of the last Parliament and at the beginning of this Parliament That the Power of Peace and War is in the King but if He will have Money from His Subjects to maintain the Wars He must have their Consents and though the universal consent and common Opinion heretofore hath gone accordingly yet they cannot admit thereof as to have been Our Right for the Answer is made to the assertion concerning Our Right And not admitting it it seems their Oaths of Allegeance and Supremacy to defend Our Crown and Dignity and to assist and defend all Jurisdictions Priviledges and Authorities belonging to Us oblige them not And as they do not admit this Power in Right to have been in Us alone for the time past so neither will they admit it for the time to come in Us or Our Successors to be able to resist Our Enemies or protect Our Subjects or to make Peace or War but it must be by Authority from Vs and the two Houses and the Estates of the Parliament of Scotland respectively They are to be associated in these Regal Powers and the Scepter and the Sword may in Pictures or Statues but are not in deed to be in the Kings hand alone Upon these grounds We wonder not that they would have the Navy and Fleet at Sea to be put into the hands of their Commissioners for seven years as the Militia for the Land and after the seven years to be commanded in such manner as they and We should agree and not otherwise for the say the Reasons are the same for them as for the Militia by Land It is a principal means they say of their security and We cannot find they think themselves to have any security if We and Our Successors have any Power But if We will part with Our Power wholly unto them We and Our Posterity shall be fully secured by the Affections of Our Subjects that is by the Lords and Commons now at VVestminster who in their sense represent all the People who by themselves during the Parliament or when they shall please to make any Recesses by their Commissioners during the Intervals will free Us from the burthen of the Militia and of Our Navy and so of protecting Our Subjects and will save Us the Charge of Our Navy because it is to be principally maintained by the free gift of the Subject out of Tonnage and Poundage and other Impositions upon Merchandise And having taken this care for Our Security suitable to all their Actions these three years last past they say that for security of those who have been with Vs in the War an Act of Oblivion is desired to be passed whereby all Our Subjects would have been put in one and the same condition and under the same protection with some Exceptions mentioned in the Propositions We are not willing to mention those Exceptions by which not only most of Our best Subjects who have been with Us in the War according to their Duties by express or general terms are excepted but all the Estates of some of them and a great part of the Estates of the rest of them for that very cause because they were with Us in the War are to be forfeited As for securing them by an Act of Oblivion they have less cause to desire it than they who propose it as being more secured by the Conscience of doing their Duties and the protection of the known Common Law of the Land if it might take place than any protection under the two Houses or their Commissioners for the Militia yet we were not unwilling for the security of all Our Subjects to have assented to an Act of Oblivion being willing as much as in Us lies to have made up these Breaches and buried the memory of these unhappy Divisions It was urged by Our Commissioners that according to the literal sense of the Propositions in the Powers given to the Commissioners for the Militia That Sheriffs and Justices of Peace and other legal Ministers could not raise the Posse Comitatus or Forces to suppress Riots without being liable to the interpretation of the Commissioners To this they answer That this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legal Process nor can be intended to be any disturbance but for the preservation of the Peace We shall admit that to be their meaning but it being by the Propositions made Treason in any who shall levy any Forces without Authority or consent of the Commissioners to the disturbance of the publick Peace it is apparent that the Sheriffs or Justices of Peace if they raise any Forces to suppress any tumultuous Assembly which it is possible some of the Commissioners may countenance or for executing of other legal Acts may not only be liable to the interpretation of being disturbers of the Publick Peace but feel the punishment of it And whereas they say That the Power given by the Propositions to the Commissioners for the Militia of both Kingdoms as a joynt Committee for the hearing and determining Civil Actions and Differences cannot be extended further than preservation of the Articles of the Peace to be made We conceive that a Court being thereby allowed to them for the hearing and determining of Civil matters for the preservation of
Ships Power and even the security of Our Person who have Armed Our Subjects here who have brought in the Scots into this Kingdom to the tearing up the bowels of it who have infamously libelled against Us and Our Consort who have threatned to depose us and impeached Her of Treason and who those are who have denied Peace to this miserable Kingdom unless We would consent to their unreasonable destructive Propositions overturning the whole frame of Government both in Church and State They say and it is true We trusted them with the Prosecution of that War and how faithfully they discharged it VVe will not again repeat but VVe never trusted them so as to exclude Our selves as they now suppose and if VVe had relied more on the Judgments and Advice of Our Privy Council and less on theirs neither that nor this Kingdom had been in the condition they now are It was their Interposition and Advice which hindered the transportation of the Army of Irish Natives out of that Kingdom into Spain even to Our dis-reputation abroad who had agreed with the Spanish Ambassador to send them over and he in confidence of Our performance had disbursed Money for their transport and had they been transported their stay as it provoked them so it emboldening and strengthening the other Irish VVe are confident the flames of that Rebellion would never have broken forth at all or at most have been so small as might suddenly have been extinguished It was their Advice that staid Our going over thither in Person which probably might have stopped the rage of that VVar and by the Blessing of God would have saved the Effusion of much Blood which was since shed in that Kingdom It was their unseasonable Declarations at the beginning of the Rebellion before the old English and other Papists had engaged themselves with the Rebels of Vlster of making it a VVar of Religion and against that connivence which had been used in that Kingdom ever since the Reformation and tending to make it a National Quarrel and to eradicate the whole stock of the Irish which they now pursue by giving no Quarter to those few of that Nation in England who never were in that Rebellion but according to their Duty assist us their Sovereign which made the Rebellion so genera whereas otherwise the old English as in former times though Papists would have joyned against those Rebels VVhen VVe had offered in December 1641. that 10000. Voluntiers should be raised presently in England for the service of Ireland if the House of Commons would declare they would pay them instead thereof in January following Propositions were made for the transporting the Scots into Ireland and VVe were advised by the two Houses to give the Command and keeping of the Town and Castle of Carick fergus to the Scotish who were to be transported thither and pay'd by this Kingdom to which VVe returned Answer That we did not approve the same as prejudicial to the Crown of England and the Service intended and implying too great trust for Auxiliary Forces yet afterwards because VVe perceived the insisting upon it would breed a great delay in the necessary supply of that Kingdom VVe did admit of the Advice of the Parliament in that particular and since by the Articles of the sixth of August 1642. which though said to be made by Commissioners authorized by Us and the Parliament of England VVe never were made acquainted with them till upon this Treaty almost three years after both the Towns and Castles of Carickfergus and Colrane are left with them as Cautionary The consequence whereof was such that though the Service of Ireland were little advanced or the poor English Protestants relieved by it and this Kingdom drained to pay those whose great Arrears growing upon that Agreement must be paid out of Lands in Ireland where they have so good footing already or of Our good Subjects in England according to their other Propositions by this means the Scotish having an Army there under colour of supplying them Our Arms and Ammunition were sent into Scotland for the supply of another Army to be brought into England and the countenance of that Army in Ireland as it gave encouragement to some of Our Scotish Subjects so it over-awed others and was a means without any the least provocation to those Our ungrateful Subjects of bringing of another Army into this Kingdom where they still remain to the utter Ruine of many of Our good Subjects and the probable Destruction of the whole Kingdom And lastly it was upon their Advice in February 1641. shortly after those Propositions tendred for transporting the Scots into Ireland that We agreed that the Rebels Lands should be shared amongst the Adventurers and the Rebels to have no Pardons though We then expresly declared We did it meerly relying upon their Wisdom without further examining what We in Our particular Judgment were perswaded whether that course might not retard the reducing of that Kingdom by exasperating the Rebels and rendring them desperate of being received into grace if they should return to their Obedience And it is most apparent that those Propositions and the Act drawn upon them wherein also a further Clause not observed by Us but passed as conceiving that Act had wholly pursued the Propositions was inserted That every person who should make enter into to take any Compact Bond Covenant Oath Promise or Agreement to introduce or bring into the said Realm of Ireland the Authority of the See of Rome in any case whatsoever or to maintain or defend the same should forfeit his Lands and Goods as in case of Rebellion were great causes not only of provoking but increasing and encouraging the Rebels who having no pretence before for the horrid Rebellion had now some colour to make it a matter of Religion and so to make their application to Foreign Princes and to negotiate with them for delivering that Kingdom into their hands We profess Our aversion from their Religion and hatred to their Rebellion but though We think them worse Christians because they are Rebels We think them not worse Rebels because they are Papists A Protestant Rebel in the same degree of Rebellion hath far more to answer as having more light and it being more expresly against the Religion he professeth whereof it hath heretofore been a Maxim though it be now taken for Apocryphal Doctrine Not to take up Arms against their Prince upon any pretence whatsoever And as We have endeavoured by Our Personal Example and otherwise so We shall still continue by all good means to propagate the Protestant Religion but We are far from that Mahometan Doctrine that We ought to propagate Our Religion by the Sword And though We shall be most willing to hearken to the Advice of Our People assembled in a free Parliament yet We should be wanting to the Trust that God hath reposed in Us and Our use of that Reason with which He hath endowed Us if
of such late Members of either House of Parliament as sate in the unlawful Assembly at Oxford and shall not have rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 3. Branch That one full moiety of the Estates of such Persons late Members of either of the Houses of Parliament who have deserted the Parliament and adhered to the Enemies thereof and shall not have rendred themselves before the first of Decemb. 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 10. Qualification That a full third part on the value of the Estates of all Judges and Officers towards the Law Common or Civil and of all Serjeants Councellors and Attorneys Doctors Advocates and Proctors of the Law Common or Civil and of all Bishops Clergy-men Masters and Fellows of any Colledge or Hall in either of the Universities or elsewhere and of all Masters of Schools or Hospitals and of Ecclesiastical Persons who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom That a full sixth part on the full value of the Estates of the Persons excepted in the sixth Qualification concerning such as have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof and are disabled according to the said Qualification to be taken and employed for the payment of the publick Debts and Damages of the Kingdom 11. Qualification That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth two hundred pounds Sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth one hundred pounds Sterling be at liberty and discharged 1. Branch This Proposition to stand as to the English and as to the Scots likewise if the Parliament of Scotland or their Commissioners shall so think fit 2. Branch That the first of May last is now the day limited for the persons to come in that are comprised within the former Qualification That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and Proportions before mentioned may be levied and applied to the discharge of the said Engagements The like for the Kingdom of Scotland if the Estates of Parliament or such as shall have power from them shall think fit XVII That an Act of Parliament be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace or any Articles thereupon with the Rebels without Consent of both Houses of Parliament and to settle the Prosecution of the War of Ireland in both Houses of the Parliament of England to be managed by them and the King to assist and to do no Act to discountenance or molest them therein That Reformation of Religion according to the Covenant be setled in the Kingdom of Ireland by Act of Parliament in such manner as both Houses of the Parliament of England have agreed or shall agree upon after Consultation had with the Assembly of Divines here That the Deputy or chief Governour or other Governours of Ireland and the Presidents of the several Provinces of that Kingdom be nominated by both the Houses of the Parliament of England or in the Intervals of Parliament by such Committees of both Houses of Parliament as both Houses of the Parliament of England shall nominate and appoint for that purpose and that the Chancellour or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-ports Chancellour of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of the Kingdoms of England and Ireland and the Vice-Treasurer and Treasurers at Wars of the Kingdom of Ireland be nominated by both Houses of the Parliament of England to continue quam diu se bene gesserint and in the Intervals of Parliament by the fore-mentioned Committees to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland concerning the nomination of the Lords of the Privy Council Lords of Session and Exchequer Officers of State and Justice General in such manner as the Estates of the Parliament there shall think fit XVIII That the Militia of the City of London and Liberties thereof may be in the ordering and government of the Lord Maior Aldermen and Commons in Common Council assembled or such as they shall from time to time appoint whereof the Lord Maior and Sheriffs for the time being to be three to be imployed and directed from time to time in such manner as shall be agreed on and appointed by both Houses of Parliament That no Citizen of the City of London nor any of the Forces of the said City shall be drawn forth or cempelled to go out of the said City or Liberties thereof for Military service without their own free Consent That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Misuser or Abuser That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Council And for prevention of inconveniences which may happen by the long intermission of Common-Councils it is desired that there may be an Act that all by-Laws and Ordinances already made or hereafter to be made by the Lord Maior Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating the same Common-Councils shall be as effectual in Law to all Intents and Purposes as if the same were particularly Enacted by the Authority of Parliament and that the Lord Maior Aldermen and Commons in Common-Council may add to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their further Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament XIX That all Grants Commissions Presentations Writs Process Proceedings and other things passed under the Great Seal of England in the custody of the Lords and other Commissioners appointed by both Houses of Parliament for the custody thereof be and by Act of Parliament with the Royal Assent shall be declared and Enacted to be of like full force and effect to all intents and purposes as the same or like Grants Commissions Presentations Writs Process Proceedings and
Westminster with that Honour which is due to their Sovereign there solemnly to confirm the same and legally to pass the Acts before mentioned and to give and receive as well satisfaction in all the remaining particulars as likewise such other pledges of mutual Love Trust and Confidence as shall most concern the good of Him and His People Upon which happy Agreement His Majesty will dispatch His Directions to the Prince His Son to return immediately to Him and will undertake for his ready Obedience thereunto Holdenby May 12. 1647. MDCXLVII Jul. The Londoners Petition and Engagement To the Right Honourable the Lord Maior the Right Worshipful the Aldermen and Commons of the City of London in the Common or Guild-Hall of the City of London assembled The Humble Petition of the Citizens Commanders Officers and Soldiers of the Trained Bands and Auxiliaries the Young men and Apprentices of the Cities of London and VVestminster Sea-Commanders Sea-men and Water-men together with divers other Commanders Officers and Soldiers within the Line of Communication and Parishes mentioned in the Weekly Bills of Mortality Sheweth THat your Petitioners taking into serious consideration how Religion His Majesties Honour and Safety the Priviledges of Parliament and Liberties of the Subject are at present greatly endangered and like to be destroyed and also sadly weighing with our selves what means might likely prove the most effectual to procure a firm and lasting Peace without a further effusion of Christian English Blood have therefore entred into a solemn Engagement which is hereunto annexed and do humbly and earnestly desire that this whole City may joyn together by all lawful and possible means as one man in hearty endeavours for His Majesties present coming up to His two Houses of Parliament with Honour Safety and Freedom and that without the nearer approach of the Army there to confirm such things as He hath granted in His Message of the 12. of May last in answer to the Propositions of both Kingdoms and that by a Personal Treaty with his two Houses of Parliament and the Commissioners of the Kingdom of Scotland such things as are yet in difference may be speedily settled and a firm and lasting Peace established All which we desire may be presented to both Houses of Parliament from this Honourable Assembly And we shall pray c. A solemn Engagement of the Citizens Commanders Officers and Soldiers of the Trained Bands and Auxiliaries the Young men and Apprentices of the Cities of London and VVestminster Sea-Commanders Sea-men and Water-men together with divers other Commanders Officers and Soldiers within the Line of Communication and Parishes mentioned in the Weekly Bill of Mortality WHereas we have entred into a solemn League and Covenant for Reformation and Defence of Religion the Honour and Happiness of the King and the Peace and Safety of the Three Kingdoms of England Scotland and Ireland all which we do evidently perceive not only to be endangered but ready to be destroyed we do therefore in pursuance of our said Covenant Oath of Allegiance Oath of every Free-man of the Cities of London and Westminster and Protestations solemnly engage our selves and vow unto Almighty God That we will to the utmost of our power cordially endeavour that His Majesty may speedily come to His two Houses of Parliament with Honour Safety and Freedom and that without the nearer approach of the Army there to confirm such things as He hath granted in His Message of the 12. of May last in Answer to the Propositions of both Kingdoms and that by a Personal Treaty with His two Houses of Parliament and the Commissioners of the Kingdom of Scotland such things as are yet in difference may be speedily settled and a firm and lasting Peace established For effecting whereof we do protest and re-oblige our selves as in the presence of God the searcher of all hearts with our Lives and Fortunes to endeavour what in us lies to preserve and defend His Majesties Royal Person and Authority the Priviledges of Parliament and Liberties of the Subject in their full and constant Freedom the Cities of London and Westminster Lines of Communication and Parishes mentioned in the Weekly Bills of Mortality and all others that shall adhere with us to the said Covenant Oath of Allegiance Oath of every Freeman of London and VVestminster and Protestation Nor shall we by any means admit suffer or endure any kind of Neutrality in this Common Cause of God the King and Kingdom as we do expect the Blessing of Almighty God whose help we crave and wholly devolve our selves upon in this our Undertaking A Declaration of the Lords and Commons assembled in Parliament Die Sabbathi 24. Julii 1647. THE Lords and Commons having seen a printed Paper intituled A Petition to the Right Honourable the Lord Maior the Right VVorshipful the Aldermen and Commons of the City of London in the Common or Guild-Hall of the City of London assembled under the Name of divers Citizens Commanders Officers and Soldiers of the Trained Bands Auxiliaries and others Young men and Apprentices Sea-Commanders Sea-men and VVater-men together with a dangerous Engagement of the same persons by Oath and Vow concerning the King 's present coming to the Parliament upon Terms far different from those which both Houses after mature deliberation have declared to be necessary for the good and safety of this Kingdom casting Reflections upon the Proceedings both of the Parliament and Army and tending to the imbroiling the Kingdom in a new War and the said Lords and Commons taking notice of great endeavours used by divers ill-affected persons to procure Subscriptions thereunto whereby well-meaning people may be misled do therefore declare That whosoever after Publication or notice hereof shall proceed in or promote or set his Name to or give Consent that his Name be set unto or any way joyn in the said Engagement shall be deemed and adjudged guilty of High Treason and shall forfeit Life and Estate as in cases of High Treason accustomed H. Elsynge Cler. Par. Dom. Com. Die Lunae 26. Julii 1647. BE it ordained by the Lords and Commons in Parliament assembled That the Declaration of the twenty fourth of this instant July which declares all those Traitors and so to forfeit Life and Estate who shall after Publication thereof act thereupon to get Subscriptions be Null and Void any thing in the said Declaration to the contrary notwithstanding Joh. Browne Cler. Par. Hen. Elsynge Cler. Par. Dom. Com. Die Lunae 26. Julii 1647. REsolved upon the Question That His Majesty shall come to Londo Die Saturni 31. Julii 1647. Resolved upon the Question That the King's Majesty come to one of His Houses nearer London that Propositions may be sent and Address made to His Majesty from both Houses of the Parliament of England and the Kingdom of Scotland for Peace MDCXLVII His MAJESTIES Declaration and Profession disavowing any Preparations in Him to levy War against His two Houses of Parliament CHARLES R. THere having been many
Rumors spread and Informations given which may have induced many to believe that We intend to make War against Our Parliament We Profess before God and Declare to all the World That We always have and do abhor all such Designs and desire all Our Nobility and Commoners who are here upon the place to declare Whether they have not been Witnesses of Our frequent and earnest Declarations and Professions to this purpose whether they see any colour of Preparations or Counsels that might reasonably beget a belief of any such Design and whether they be not fully perswaded that We have no such intention but that all Our Endeavours according to Our many Professions tend to the firm and constant settlement of the true Protestant Religion the just Priviledges of Parliaments the Liberty of the Subject the Law Peace and Prosperity of this Kingdom MDCXLVII Aug. 1. The Heads of the Proposals agreed upon by his Excellency Sir THOMAS FAIRFAX and the Council of the Army to be tendred to the Commissioners of Parliament residing with the Army and with them to be treated on by the Commissioners of the Army Containing the particulars of their Desires in pursuance of their former Declarations and Papers in order to the clearing and securing of the Rights and Liberties of the Kingdom and the settling a just and lasting Peace To which are added some further particular Desires for the removing and redressing of divers present pressing Grievances being also comprized in or in necessary pursuance of their Former Representations and Papers appointed to be Treated upon I. THat the things hereafter proposed being provided for by this Parliament a certain period may by Act of Parliament be set for the ending of this Parliament such period to be within a year at most and in the same Act provision to be made for the succession and constitution of Parliaments in future as followeth 1. That Parliaments may Biennially be called and meet at a certain day with such provision for the certainty thereof as in the late Act was made for Triennial Parliaments and what further other provision shall be found needful by the Parliament to reduce it to more certainty And upon the passing of this the said Act for Triennial Parliaments to be repealed 2. Each Biennial Parliament to sit 120. days certain unless adjourned or dissolved sooner by their own Consent afterwards to be adjournable or dissolvable by the King and no Parliament to sit past 240. days from their first meeting or some other limited number of days now to be agreed on upon the expiration whereof each Parliament to dissolve of course if not otherwise dissolved sooner 3. The King upon Advice of the Council of State in the Intervals betwixt Biennial Parliaments to call a Parliament extraordinary provided it meet above seventy days before the next Biennial day and be dissolved at least sixty days before the same so as the course of Biennial Elections may never be interrupted 4. That this Parliament and each succeeding Biennial Parliament at or before adjournment or dissolution thereof may appoint Committees to continue during the Interval for such purposes as are in any of these Proposals referr'd to such Committees 5. That the Elections of the Commons for succeeding Parliaments may be distributed to all Counties or other parts or divisions of the Kingdom according to some Rule of equality or proportion so as all Counties may have a number of Parliament-Members allowed to their choice proportionable to the respective Rates they bear in the common Charges and burthens of the Kingdom according to some other Rule of equality or proportion to render the House of Commons as near as may be an equal Representative of the whole and in order thereunto that a present consideration be had to take off the Elections of Burgesses for poor decayed or inconsiderable Towns and to give some present addition to the number of Parliament-Members for great Counties that have now less than their due proportion to bring all at present as near as may be to such a Rule of proportion as aforesaid 6. That effectual provision be made for future freedom of Elections and certainty of due Returns 7. That the House of Commons alone have the power from time to time to set down further Orders and Rules for the Ends expressed in the Two last preceding Articles so as to reduce the Elections of Members for that House to more and more perfection of Equality in the distribution Freedom in the Election Order in the proceeding thereto and Certainty in the Returns which Orders and Rules in that case to be as Laws 8. That there be a Liberty for entring Dissents in the House of Commons with provision that no Member be censurable for ought said or voted in the House further than to exclusion from that Trust and that onely by the judgment of the House it self 9. That the Judicial Power or power of final Judgment in the Lords and Commons and their power of Exposition and Application of Law without further Appeal may be cleared and that no Officer of Justice Minister of State or other person adjudged by them may be capable of Protection or Pardon from the King without their Advice and Consent 10. That the Right and Liberty of the Commons of England may be cleared and vindicated as to a due Exemption from any Judgment Trial or other Proceeding against them by the House of Peers without the concurring Judgment of the House of Commons as also from any other Judgment Sentence or Proceeding against them other than by their Equals or according to the Law of the Land 11. The same Act to provide that Grand-Jury-men may be chosen by and for several parts or divisions of each County respectively in some equal way and not remain as now at the discretion of an Under-Sheriff to be put on or off and that such Grand-Jury-men for their respective Counties may at each Assize present the Names of persons to be made Justices of Peace from time to time as the County hath need for any to be added to the Commission and at the Summer-Assize to present the Names of Three Persons out of whom the King may prick one to be Sheriff for the next year II. For the future security to Parliaments and the Militia in general in order thereunto that it be provided by Act of Parliament 1. That the power of the Militia by Sea and Land during the space of Ten years next ensuing shall be ordered and disposed by the Lords and Commons assembled and to be assembled in the Parliament or Parliaments of England or by such persons as they shall nominate and appoint for that purpose from time to time during the said space 2. That the said power shall not be ordered disposed or exercised by the King's Majesty that now is or by any person or persons by any Authority derived from Him during the said space or at any time hereafter by His said Majesty without the Advice
reforming both Universities and the Colleges of Westminster Winchester and Eaton His Majesty will consent to an Act for the better discovery and speedy conviction of Popish Recusants as is desired in your Propositions and also to an Act for the Education of the Children of Papists by Protestants in the Protestant Religion As also to an Act for the rrue levying of the Penalties against Papists to be levied and disposed in such manner as both Houses shall agree on and as is proposed on His Majesties behalf And also to an Act to prevent the practises of Papists against the State and for putting the Laws in execution and for a stricter course to prevent hearing and saying of Mass But as to the Covenant His Majesty is not yet therein satisfied that He can either sign or swear it or consent to impose it on the Consciences of others nor doth conceive it proper or useful at this time to be insisted on Touching the Militia His Majesty conceives that your Proposition demands a far larger power over the Persons and Estates of His Subjects than hath ever hitherto been warranted by the Laws and Statutes of this Realm yet considering the present Distractions require more and trusting in His two Houses of Parliament that they will make no further use of the Power therein mentioned after the present Distempers setled than shall be agreeable to the Legal exercise thereof in times past or just necessity shall require His Majesty will consent to an Act of Parliament That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled or such as they shall appoint during the space of ten years shall Arm Train and Discipline or cause to be Armed Trained or Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernesey and Jersy and the Town of Berwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the space of ten years raise levy arm train and discipline or cause to de raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and places aforesaid as in their judgments they shall from time to time during the said space of ten years think fit to appoint And that neither the King His Heirs or Successors or any other but such as shall act by the Authority or approbation of the said Lords and Commons shall during the said space of ten years exercise any of the Powers aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of ten years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of ten years be imployed managed ordered and disposed by the Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons or such as they shall appoint during the said space of ten years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Berwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Berwick upon Tweed or any of them And after the expiration of the said ten years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall without the Consent of the said Lords and Commons raise arm train discipline employ order manage disband or dispose any the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernesey and Jersey and the Town of Berwick upon Tweed nor exercise any of the said Powers or Authorities herein before mentioned and expressed to be during the space of ten years in the said Lords and Commons nor do any act or any thing concerning the execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And with the same Provisoes for saving the ordinary Legal Power of Officers of Justice not being Military Officers as is set down in your Propositions And with a Declaration That if any persons shall be gathered and assembled together in a Warlike manner or otherwise to the number of thirty persons and shall not forthwith disperse themselves being require thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person or persons not so dispersing themselves shall be guilty and incur the pains of High Treason being first declared guilty of such offence by the said Lords and Commons any Commission under the Great Seal or any other Warrant to the contrary notwithstanding And he or they that shall so offend herein to be uncapable of any Pardon from His Majesty His Heirs or Successors And likewise that it be provided that the City of London shall have and enjoy all their Rights Liberties c. in raising and imyloying the Forces of that City in such sort as is mentioned in the said Proposition With these Provisoes following to be inserted in the said Act. First That none be compelled to serve in the Wars against their wills but in case of coming in of strange Enemies into this Kingdom And that the Powers above mentioned as concerning the Land-Forces other than for keeping up and maintenance of Forts and Garisons and the keeping up mantaining and pay of this present Army so long as it shall be thought fit by both Houses of Parliament be exercised to no other purposes than for the suppressing of Forces raised or to be raised without Authority and Consent of the said Lords and Commons as aforesaid or for suppressing of any Foreign Forces which shall invade or endeavour to invade the Kingdoms Dominions or places aforesaid And that the Monies be raised by general and equal Taxations saving that Tonnage and Poundage and such Imposts as have been applyed to the Navy be raised as hath been usual And that all Patents Commissions and other Acts concerning the Premisses be made and acted in His Majesties Name by Warrant signified by the Lords and Commons or
People so as the Estates neither of Friends to publick Interest nor alone of inferior Enemies thereto may bear wholly the burthen of that loss and charge which by and for that Family the Kingdom hath been put unto Thirdly That Capital punishment be speedily executed upon a competent number of his chief Instruments also both in former and later Wars and that some of both sorts be pitcht upon as are really in your hands or reach Fourthly That the rest of the Delinquents English may upon rendring themselves to Justice have mercy for their Lives and that only Fines be set upon them and their persons declared incapable of any publick Trust or having any voice in Elections thereto at least for a good number of years And that a short day may be set by which all such Delinquents may come in and for those who come not in by that day that their Estates be absolutely confiscate and sold to the publick use and their persons stand exil'd as Traitors and to die without mercy if ever found after in the Kingdom or its Dominions Fifthly That the satisfaction of Arrears to the Soldiery with other publick Debts and competent reparations of publick Damages may be put into some orderly way And therefore that the Fines and Compositions of Delinquents be disposed to those uses only as also the Confiscations of such who shall be excluded from Pardon or not come in by the day assigned Now after publick Justice thus far provided for we proceed in order to the general satisfaction and settling of the Kingdom First That you would set some reasonable and certain period to your own Power Secondly That with a period to this Parliament there may be a settlement of the Peace and future Government of the Kingdom First That there may be a certain succession of future Parliaments Annual or Biennial with secure provision 1. For the certainty of their sitting meeting and ending 2. For equal Elections 3. For the Peoples meeting to elect provided that none engaged in War against the Kingdom may elect or be elected nor any other who oppose this Settlement 4. For clearing the future power of Parliaments as supreme only they may not give away any Foundation of Common Right 5. For liberty of entring Dissents in the said Representatives that the People may know who are not fit for future Trusts but without any further penalty for their free judgements Secondly That no King be hereafter admitted but upon Election of and as upon Trust from the People by such their Representatives not without first disclaiming all pretence to a Negative Voice against the determinations of the Commons in Parliament and this to be done in some form more clear than heretofore in the Coronation Oath These matters of general Settlement we propound to be provided by the Authority of the Commons in this Parliament and to be further established by a general Contract or Agreement of the People with their Subscriptions therunto And that no King be admitted to the Crown nor other person to any Office of publick Trust without express Accord and Subscription to the same Four Queries propounded by His MAJESTY when the Armies Remonstrance was read unto him at Newport concerning the intended Trial of His MAJESTY 1. WHether this Remonstrance be agreeable to the former Declarations of the Army and if not whether the Parliament would make good their Votes that after He had consented to what they desired He should be in a capacity of Honour Freedom and Safety 2. Whether His acknowledgement of the Blood that hath been spilt in the late Wars nothing being as yet absolutely concluded or binding could be urged so far as to be made use of by way of Evidence against Him or any of His Party 3. Whether the Arguments that He hath used in a free and Personal Treaty to lessen or extenuate and avoid the exactness of any of the Conditions though in manner and form only might be charged against Him as an act of Obstinacy or wilful persistence in what is alledged against Him in that He goes on in a destructive course of Enmity against the People and the Laws of the Land when He hath declared that His Conscience was satisfied concerning divers particulars in the Propositions 4. Whereas by the Letter of the Law all persons charged to offend against the Law ought to be tried by their Peers or Equals what the Law is if the Person questioned is without a Peer And if the Law which of it self is but a dead Letter seems to condemn him by what power shall Judgement be given and who shall give it or from whence shall the administrators of such Judgement derive their power which may by the same Law be deemed the supreme Power or Authority of Magistracy in the Kingdom His MAJESTIES Declaration concerning the Treaty and His dislike of the Armies Proceedings Delivered to one of His Servants at His Departure from the Isle of Wight and commanded to be published for the satisfastion of all His Subjects WHen large pretences prove but the shadows of weak performance then the greatest labours produce the smallest effects and when a period is put to a work of great concernment all mens ears do as it were hunger till they are satisfied in their expectations Hath not this distracted Nation groaned a long time under the burthen of tyranny and oppression And hath not all the blood that hath been spilt these seven years been cast upon My Head Who am the greatest Sufferer though the least guilty And was it not requisite to endeavour the stopping of that flux which if not stopt will bring an absolute Destruction to this Nation And what more speedy way was there to consummate those Distractions than by a Personal Treaty being agreed upon by My two Houses of Parliament and condescended to by Me And I might declare that I conceive it had been the best Physick had not the operation been hindred by the interposition of this imperious Army who were so audacious as to style Me in their unparallel'd Remonstrance their Capital Enemy But let the world judge whether Mine endeavours have not been attended with reality in this late Treaty and whether I was not as ready to grant as they were to ask and yet all this is not satisfaction to them that pursue their own ambitious ends more than the welfare of a miserable Land Were not the dying hearts of my poor distressed People much revived with the hopes of a Happiness from this Treaty and how suddenly are they frustrated in their expectations Have not I formerly been condemned for yielding too litte to My two Houses of Parliament and shall I now be condemned for yielding too much Have I not formerly been Imprisoned for making War and shall I now be condemned for making Peace Have I not formerly ruled like a KING and shall I now be ruled like a Slave Have I not formerly enjoyed the society of my dear Wife and Children in peace
attain to that Kingdom of Peace in my Heart and in thy Heaven which Christ hath purchased and thou wilt give to thy Servant tho a Sinner for my Saviours sake Amen II. Vpon the Earl of STRAFFORD's Death I Looked upon my Lord of Strafford as a Gentleman whose great Abilities might make a Prince rather afraid than ashamed to employ him in the greatest affairs of State For those were prone to create in him great confidence of undertakings and this was like enough to betray him to great errors and many enemies Whereof he could not but contract good store while moving in so high a sphear and with so vigorous a lustre he must needs as the Sun raise many envious exhalations which condensed by a Popular Odium were capable to cast a cloud upon the brightest Merit and Integrity Though I cannot in my Judgment approve all he did driven it may be by the necessities of Times and the Temper of that People more than led by his own disposition to any height and rigor of actions yet I could never be convinced of any such Criminousness in him as willingly to expose his life to the stroke of Justice and Malice of his Enemies I never met with a more unhappy conjuncture of affairs than in the business of that unfortunate Earl when between my own unsatisfiedness in Conscience and a necessity as some told Me of satisfying the importunities of some people I was perswaded by those that I think wished Me well to chuse rather what was safe than what seemed just preferring the outward Peace of my Kingdoms with men before that inward exactness of Conscience before God And indeed I am so far from excusing or denying that compliance on My part for plenary consent it was not to his destruction whom in my Judgment I thought not by any clear Law guilty of Death that I never bare any touch of Conscience with greater regret which as a sign of my Repentance I have often with sorrow confessed both to God and men as an act of so sinful frailty that it discovered more a fear of Man than of God whose name and place on Earth no man is worthy to bear who will avoid inconveniencies of State by acts of so high injustice as no publick convenience can expiate or compensate I see it a bad exchange to wound a mans own Conscience thereby to salve State sores to calm the storms of Popular discontents by stirring up a tempest in a mans own bosome Nor hath Gods Justice failed in the event and sad consequences to shew the world the fallacy of that Maxime Better one man perish tho unjustly than the people be displeased or destroyed For In all likelihood I could never have suffered with my people greater calamities yet with greater comfort had I vindicated Strafford's Innocency at least by denying to sign that destructive BILL according to that Justice which my Conscience suggested to Me than I have done since I gratified some mens unthankful importunities with so cruel a favour And I have observed that those who counselled Me to sign that BILL have been so far from receiving the rewards of such ingratiatings with the People that no men have been harassed and crushed more than they He only hath been least vexed by them who counselled Me not to consent against the Vote of my own Conscience I hope God hath forgiven Me and them the sinful rashness of that business To which being in my Soul so fully conscious those Judgments God hath pleased to send upon Me are so much the more welcome as a means I hope which his Mercy hath sanctified so to Me as to make Me repent of that unjust Act for so it was to Me and for the future to teach Me That the best rule of Policy is to prefer the doing of Justice before all enjoyments and the Peace of my Conscience before the preservation of my Kingdoms Nor hath any thing more fortified my resolutions against all those violent importunities which since have sought to gain a like consent from Me to Acts wherein my Conscience is unsatisfied than the sharp touches I have had for what passed Me in my Lord of Strafford's Business Not that I resolved to have employed him in my Affairs against the advice of my Parliament but I would not have had any hand in his Death of whose Guiltlesness I was better assured than any man living could be Nor were the Crimes objected against him so clear as after a long and fair hearing to give convincing satisfaction to the Major part of both Houses especially that of the Lords of whom scarce a third part were present when the Bill passed that House And for the House of Commons many Gentlemen disposed enough to diminish my Lord of Strafford's greatness and power yet unsatisfied of his guilt in Law durst not condemn him to die who for their Integrity in their Votes were by Posting their Names exposed to the popular calumny hatred and fury which grew then so exorbitant in their clamours for Justice that is to have both My self and the two Houses Vote and do as they would have us that many 't is thought were rather terrified to concur with the condemning party than satisfied that of right they ought so to do And that after-after-Act vacating the Authority of the precedent for future imitation sufficiently tells the world that some remorse touched even his most implacable Enemies as knowing he had very hard measure and such as they would be very loath should be repeated to themselves This tenderness and regret I find in my Soul for having had any hand and that very unwillingly God knows in shedding one mans blood unjustly tho under the colour and formalities of Justice and pretences of avoiding publick mischiefs which may I hope be some evidence before God and Man to all Posterity that I am far from bearing justly the vast load and guilt of all that Blood which hath been shed in this unhappy War which some men will needs charge on Me to ease their own Souls who am and ever shall be more afraid to take away any mans life unjustly than to lose My own But Thou O God of infinite mercies forgive Me that act of sinful compliance which hath greater aggravations upon Me than any man Since I had not the least temptation of Envy or Malice against him and by My place should at least so far have been a preserver of him as to have denied my consent to his destruction O Lord I acknowledg my transgression and my sin is ever before Me. Deliver Me from blood-guiltiness O God thou God of my salvation and my tongue shall sing of thy righteousness Against Thee have I sinned and done this evil in thy sight for Thou sawest the contradiction between my heart and my hand Yet cast Me not away from thy presence purge Me with the Blood of my Redeemer and I shall be clean wash Me with that precious effusion and I shall be whiter
this That they would not suffer themselves to be over-aw'd with the Tumults and their Patrons nor compelled to abet by their suffrages or presence the designs of those men who agitated Innovations and Ruin both in Church and State In this point I could not but approve their generous Constancy and Cautiousness further than this I did never allow any mans refractoriness against the Priviledges and Orders of the Houses to whom I wished nothing more than Safety Fulness and Freedom But the truth is some men and those not many despairing in fair and Parliamentary ways by free deliberations and Votes to gain the concurrence of the major part of Lords and Commons betook themselves by the desperate activity of factious Tumults to sift and terrifie away all those Members whom they saw to be of contrary minds to their purposes How oft was the business of the Bishops enjoying their Ancient places and undoubted Priviledges in the House of Peers carried for them by far the major part of Lords Yet after five repulses contrary to all Order and Custom it was by tumultuary instigations obtruded again and by a few carried when most of the Peers were forced to absent themselves In like manner was the Bill against Root and Branch brought on by tumultuary Clamours and schismatical Terrors which could never pass till both Houses were sufficiently thinned and over-awed To which Partiality while in all Reason Justice and Religion my Conscience forbids Me by consenting to make up their Votes to Acts of Parliament I must now be urged with an Army and constrained either to hazard My own and My Kingdoms ruine by My Defence or prostrate My Conscience to the blind obedience of those men whose zealous Superstition thinks or pretends they cannot do God and the Church a greater service than utterly to destroy that Primitive Apostolical and anciently-Universal Government of the Church by Bishops Which if other mens Judgments bind them to maintain or forbid them to consent to the abolishing of it Mine much more who besides the grounds I have in My Judgment have also a most strict and indispensable Oath upon my Conscience to preserve that Order and the Rights of the Church to which most Sacrilegious and abhorred Perjury most unbeseeming a Christian King should I ever by giving My Consent be betrayed I should account it infinitely greater Misery than any hath or can befal Me inasmuch as the least Sin hath more evil in it than the greatest Affliction Had I gratified their Anti-episcopal Faction at first in this point with My Consent and sacrificed the Ecclesiastical Government and Revenues to the fury of their Covetousness Ambition and Revenge I believe they would then have found no colourable necessity of raising an Army to fetch in and punish Delinquents That I consented to the Bill of putting the Bishops out of the House of Peers was done with a firm perswasion of their contentedness to suffer a present diminution in their Rights and Honour for My sake and the Common-weals which I was confident they would readily yield unto rather than occasion by the least obstruction on their part any danger to Me or to My Kingdom That I cannot add my consent for the total Extirpation of that Government which I have often offered to all fit Regulations hath so much further tie upon My Conscience as what I think Religious and Apostolical and so very Sacred and Divine is not to be dispensed with or destroyed when what is only of civil Favour and priviledg of Honour granted to men of that Order may with their Consent who are concerned in it be annulled This is the true state of those Obstructions pretended to be in point of Justice and Authority of Parliament when I call God to witness I knew none of such consequence as was worth speaking of to make a War being only such as Justice Reason and Religion had made in My own and other mens Consciences Afterwards indeed a great shew of Delinquents was made which were but consequences necessarily following upon Mine or others withdrawing from or defence against Violence but those could not be the first occasion of raising an Army against Me. Wherein I was so far from preventing them as they have declared often that they might seem to have the advantage and Justice of the defensive part and load Me with all the Envy and Injuries of first assaulting them that God knows I had not so much as any hopes of an Army in my thoughts Had the Tumults been honourably and effectually repressed by exemplary Justice and the Liberty of the Houses so vindicated that all Members of either House might with Honour and Freedom becoming such a Senate have come and discharged their Consciences I had obtained all that I designed by my withdrawing and had much more willingly and speedily returned than I retired this being my Necessity driving the other my Choice desiring But some men knew I was like to bring the same Judgment and Constancy which I carried with Me which would never fit their Designs and so while they invited Me to come and grievously complained of my Absence yet they could not but be pleased with it especially when they had found out that plausible and popular pretext of raising an Army to fetch in Delinquents when all that while they never punished the greatest and most intolerable Delinquency of the Tumults and their Exciters which drave My self and so many of both Houses from their places by most barbarous indignities which yet in all Reason and Honour they were as loath to have deserted as those others were willing they should that so they might have occasion to persecute them with the Injuries of an Army for not suffering more tamely the Injuries of the Tumults That this is the true state and first drift and design in raising an Army against Me is by the sequel so evident that all other pretences vanish For when they declared by Propositions or Treaties what they would have to appease them there was nothing of consequence offered to Me or demanded of Me as any original difference in any point of Law or order of Justice But among other lesser Innovations this chiefly was urged The Abolition of Episcopal and the Establishment of Presbyterian Government All other things at any time propounded were either impertinent as to any ground of a War or easily granted by Me and only to make up a number or else they were merely consequential and accessary after the War was by them unjustly begun I cannot hinder other mens thoughts whom the noise and shew of Piety and heat for Reformation and Religion might easily so fill with Prejudice that all equality and clearness of Judgment might be obstructed But this was and is as to my best observation the true state of affairs between us when they first raised an Army with this design either to stop my mouth or to force my Consent And in this truth as to my Conscience who was God knows
Authority of Parliament N. 26. Commissions granted in Parliament to keep the Sea Rot. Parl. 1 H. 6. N. 61. Chancellor Treasurer and Privy Seal appointed by Parliament N. 24. Protector and Defensor Regni appointed by Parliament N. 26. Privy Councellors 2 H. 6. N. 15. Counsels named by Parliament 4 H. 6. N. 19. The Duke by common consent in Parliament appoints a Deputy to keep Berwick Castle 14 H. 6. N. 10. The keeping of the Town of Calice is committed to the Duke of Gloucester by Indenture between him and the King and confirmed in Parliament 31 H. 6. N. 41. Rich. Earl of Salisbury and others are appointed by Parliament to keep the Seas Tunnage and Poundage appointed to them for three years 33 H. 6. N. 27. Discharged 39 H. 6. N. 32. The Duke of York made by Parliament General Stat. 21 Jac. cap. 34. Treasurers and a Council of War appointed by Parliament and an Oath directed to be by them taken The Earl of Essex made Lord Lieutenant of the County of York and Sir Jo. Conyers Lieut. of the Tower upon the desire of the Lords and Commons this Parliament With very many more Precedents which to avoid prolixity are purposely omitted In His Message of April 12. His Message of May 5. Message of May 19. Mr. Alexander Hampden Dan. Kniveton * He. As in the case of the late Earl of Manchester Lord Privy-Seal Mr. Gamul * Bound Mr. Pym. M. Yeomans M. Bourchier of Bristol M. Tompkins M. Chaloner at London and divers others Published in Latine English French See these Messages in the Appendix n. 1. and 2. In the Appendix In the Appendix Together with this inclosed in a Letter from Prince Rupert to the Earl of Essex His Majesty sent a safe Conduct for their Commissioners and their Retinue Prince Rupert's Letter His Majesty's Propositions All their Commissioners were not then come to Vxbridge * The Papers intended are the Propositions concerning Religion which were not then delivered It was on Thursday being Market-day and the first day of the Meeting * The Paper intended is that before of 30. Jan. num 13. The Propositions here intended are those before mentioned on their part sent by the Earl of Denbigh and others to Oxford And the Bill for abolishing Episcopacy is in the Appendix n. 3. * Meaning the next present Paper * This joynt Declaration is already printed But the Articles being not Printed are in the Appendix n. 4. * See before num 31. * The Directory which was delivered in is of great length and the Covenant delivered with it both now Printed and obvious are therefore forborn to be inserted here or in the Appendix * See them in the Appendix n. 5. and 6. * The Alterations intended here and in the third Proposition are according to the Articles of the Treaty at Edenburgh which see in the Appendix n. 4. and the joynt Declaration of both Kingdoms which are That whereas by the Bill the Bishops Lands are mentioned to be given to the King and other Church-Lands for other uses by those Articles and Declarations they may be taken away and imployed to payment and recompence of the Scots and for paying the publick Debts and repairing of particular Losses * That was by Conference See num 59. * These words are in the preamble of the Bill presented by them for abolishing Episcopacy See before in the margin to the Paper num 44. * See that Clause in the Bill in the Appendix n 3. at this mark †* Num. 52. * None were made * None at all were delivered in * See these Papers after n 170. 192 and 193. * The Paper intended is the King's Commissioners Reply to their first Answer 13. Feb. n. 61. * See the Paper 20. Feb. after n. 196 being delivered upon another occasion * See before num 56. * See num 84. * See num 86. 88. * See the Paper intended n. 91. * The precedent Paper * The next precedent Paper * The Paper after n. 128 was delivered with this * See before n. 16. * See the printed Act. * See n. 107. and 109. and n. 105. * See the Papers intended n. 92. 106 * Nu. 111. * See before n. 111 The Admiralty is an office of Inheritance in Scotland and setled by Act of Parliament * Num. 84. * n. 361. * Copies of the Letters and Advices were accordingly delivered In the Appendix See the late Statute concerning the Adventures for Irish Lands * See the Letters and Advices in the Appendix num 9. See all these in the Appendix * Demand * Which were the the two next precedent Papers * The two Papers following n. 171 172. were delivered in before this Paper and the reference is to them others formerly delivered on that Subject * See the Paper 20. Feb. n. 192. touching His Majesties return to Westminster * of * given * It is the sixth of His Majesties Propositions See His Majesties Propositions n. 8. and the Letter from the Earl of Essex n. 9. that their Commissioners should have Instructions to Treat upon them * See their Paper before 11. Feb. num 184. * See their Paper num 63. referring to this * See their last Paper * Manner * protest See them in the Narrative num 136 177 178. * See it in the Narrative num 136. See the Narrative n. 77. num 78. num 80. num 81. num 105. 107. num 106 107 112. num 109. num 110. num 111. num 113. 115. num 116. num 117. num 118. num 119. * These are their words but seem to be mistaken for Our Commissioners always insisted We should name some of them See Our Commissioners Paper touching Our Return to the two Houses after Disbanding of Armies num 191. num 130. Num. 131. See num 132. Num. 130. Num. 136. See these in the Narrative nnm 177 178. Presented Jul. 24. These Propositions are for the most part the same with those at Vxbridge Representation of the Army Jun. 14. 1647. The Propositions being the same with those at Newcastle we have only repeated the heads as we found them This is part of the third in the Propositions 14. To null all Honours conferred since 1642. by the old Seal These Propositions being generally the same with those at Vxbridge Newcastle and Hampton-Court it was thought fit to represent only the Heads Acts xiv 23. Acts vi 6. 1 Cor. xvi 1. 1 Cor. xiv 1 Cor. v. 3. iii Joh. 9 10. 1 Tim. v. 22. Tit. i. 5. Rev. ii iii. 1 Tim. v. 19. Tit. iii. 10. Tit. i. 5 7. Acts xx 17 18. 1 Pet. v. 1 2. * by * Exercit. 8. in Ignat. c. 3. a Act. xvii 14. b 15. c i Thes iii. 1 2. d Act. xviii 5. e Act. xix 22. f Act. xx 4. g ver 5 6. h ver 17. h i Tim. i. 3. i Heb. xiii 23. * Phil. i. 1. Philem. ver 1. Col. i. 1. Heb. xiii 23. ii Tim. iv 6 10. 11 12 16. k Gal. i. 2. l Tit. iii. 12. m ii Cor. ii 12. n ii Cor. v. 6. o ii Cor. viii 6. p ii Tim. iv 10. 1. Reply Sect. 1 2 2. Reply Sect. 3. 4 5. 3. Reply Sect. 6. 4. Reply Sect. 7. 5. Reply Sect. 8. 6. Reply Sect. 9. 7. Reply Sect. 10. 15. 8. Reply 16. 9. Reply 17 18. 10. Reply 19 28. 11. Reply 23 27. 12. Reply 19 c.
manner of a Parliament new Jurisdictions were erected of Romish Archbishops Taxes levied another State moulded within this State independent in Government contrary in Interest and affection secretly corrupting the ignorant or negligent Professours of our Religion and closely uniting and combining themselves against such as were sound in this posture waiting for an opportunity by force to destroy those whom they could not hope to seduce For the effecting whereof they were strengthened with Arms and Munition encouraged by superstitious Prayers enjoyned by the Nuntio to be weekly made for the prosperity of some great Design And such power had they at Court that secretly a Commission was issued out intended to be issued to some Great men of that profession for the levying of Souldiers and to command and employ them according to private instructions which we doubt were framed for the advantage of those who were the contrivers of them His Majesties Treasure was consumed His Revenue anticipated His Servants and Officers compelled to lend great sums of mony Multitudes were called to the Council-Table who were tired with long attendances there for refusing illegal payments The Prisons were filled with their Commitments many of the Sheriffs summoned into the Star-Chamber and some imprisoned for not being quick enough in levying the Ship-money the people languished under grief and fear no visible hope being left but in desperation The Nobility began to be weary of their silence and patience and sensible of the duty and trust which belongs to them and thereupon some of the most eminent of them did petition His Majesty at such a time when evil Counsels were so strong that they had reason to expect more hazard to themselves then redress of those publick evils for which they interceded Whilest the Kingdom was in this agitation and distemper the Scots restrained in their Trades impoverished by the loss of many of their Ships bereaved of all possibility of satisfying His Majesty by any naked Supplication entred with a powerful Army into the Kingdom and without any hostile Act or spoil in the Countrey as they passed more then forcing a passage over the Tyne at Newborne near Newcastle possessed themselves of Newcastle and had a fair opportunity to press on further upon the Kings Army but duty and reverence to His Majesty and brotherly love to the English Nation made them stay there whereby the King had leisure to entertain better Counsels wherein God so blessed and directed Him that He summoned the great Council of Peers to meet at York upon the twenty fourth of September and there declared a Parliament to begin the third of November then following The Scots the first day of the great Council presented an humble Petition to His Majesty whereupon the Treaty was appointed at Rippon a present Cessation of arms agreed upon and the full conclusion of all Differences referred to the wisdom and care of the Parliament At our first meeting all Oppositions seemed to vanish the mischiefs were so evident which those evil Counsellors produced that no man durst stand up to defend them Yet the work it self afforded difficulty enough The multiplied evils and corruption of sixteen years strengthned by Custome and Authority and the concurrent interest of many powerful Delinquents were now to be brought to judgment and Reformation The Kings Houshold was to be provided for they had brought Him to that want that He could not supply His ordinary and necessary Expences without the assistance of His People Two Armies were to be payed which amounted very near to thirty thousand pounds a month the people were to be tenderly charged having been formerly exhausted with many burthensome Projects The Difficulties seemed to be insuperable which by the Divine Providence we have overcome the Contrarieties incompatible which yet in a great measure we have reconciled Six Subsidies have been granted and a Bill of Poll-money which if it be duly levied may equal six Subsidies more in all six hundred thousand pounds Besides we have contracted a debt to the Scots of two hundred and twenty thousand pounds and yet God hath so blessed the endeavours of this Parliament that the Kingdom is a great gainer by all these charges The Ship-money is abolished which cost the Kingdom above 200000 pounds a year The Coat and Conduct-money and other military charges are taken away which in many Countries amounted to little less then the Ship-money The Monopolies are all supprest whereof some few did prejudice the Subject above a Million yearly the Soap an hundred thousand pounds the Wine three hundred thousand pounds the Leather must needs exceed both and Salt could not be less then that besides the inferiour Monopolies which if they could be exactly computed would make up a great sum That which is more beneficial then all this is that the root of these evils is taken away which was the arbitrary power pretended to be in His Majesty of taxing the Subject or charging their estates without consent in Parliament which is now declared to be against Law by the judgment of both Houses and likewise by an Act of Parliament Another step of great advantage is this the living Grievances the evil Counsellors and actors of these mischiefs have been so quelled by the Justice done upon the Earl of Strafford the flight of the Lord Finch and Secretary Windebank the accusation and imprisonment of the Archbishop of Canterbury of Judge Bartlet and the impeachment of divers other Bishops and Judges that it is like not only to be an ease to the present times but a preservation to the future The discontinuance of Parliaments is prevented by the Bill for a Triennial Parliament and the abrupt dissolution of this Parliament by another Bill by which it is provided it shall not be dissolved or adjourned without the consent of both Houses Which two Laws well considered may be thought more advantageous then all the former because they secure a full operation of the present remedy and afford a perpetual Spring of remedies for the future The Star-chamber the High-Commission the Courts of the President and Council in the North were so many forges of Misery Oppression and Violence and are all taken away whereby men are more secured in their Persons Liberties and Estates then they could be by any Law or Example for the regulation of those Courts or Terror of the Judges The immoderate power of the Council-Table and the excessive abuse of that power is so ordered and restrained that we may well hope that no such things as were frequently done by them to the prejudice of the publick Liberty will appear in future times but only in Stories to give us and our posterity more occasion to praise God for his Majesties Goodness and the faithful endeavours of this Parliament The Canons and the power of Canon-making are blasted by the Vote of both Houses The exorbitant power of Bishops and their Courts are much abated by some Provisions in the Bill against the High-Commission Court