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A31771 Basiliká the works of King Charles the martyr : with a collection of declarations, treaties, and other papers concerning the differences betwixt His said Majesty and his two houses of Parliament : with the history of his life : as also of his tryal and martyrdome. Charles I, King of England, 1600-1649.; Fulman, William, 1632-1688.; Perrinchief, Richard, 1623?-1673.; Gauden, John, 1605-1662.; England and Wales. Sovereign (1625-1649 : Charles I) 1687 (1687) Wing C2076; ESTC R6734 1,129,244 750

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shall not think it below Our Kingly Dignity to descend to any particular which may compose and settle the affections of Our meanest Subjects since We are so conscious to Our Self of such upright Intentions and Endeavours and only of such for which We give God thanks for the Peace and Happiness of Our Kingdom in which the Prosperity of Our Subjects must be included that We wish from Our heart that even Our most secret Thoughts were published to their view and examination Though We must confess We cannot but be very sorry in this conjuncture of time when the unhappiness of this Kingdom is so generally understood abroad there should be such a necessity of publishing so many Particulars from which We pray no Inconveniences may insue that were not intended We shall in few words pass over that part of the Narrative wherein the Misfortunes of this Kingdom from Our first entring to the Crown to the beginning of this Parliament are remembred in so sensible expressions and that other which acknowledgeth the many good Laws passed by Our Grace and Favour this Parliament for the Security of Our People of which we shall only say thus much That as We have not refused to pass any Bill presented to Us by Our Parliament for redress of those Grievances mentioned in the Remonstrance so We have not had a greater Motive for the passing those Laws then Our own resolution grounded upon Our Observation and understanding the state of Our Kingdom to have freed Our Subjects for the future from those Pressures which were grievous to them if those Laws had not been propounded which therefore We shall as inviolably maintain as We look to have Our own Rights preserved not doubting but all Our loving Subjects will look on those Remedies with that full gratitude and affection that even the memory of what they have formerly undergone by the Accidents and necessities of those times will not be unpleasant to them and possibly in a pious sense of God's blessing upon this Nation how little share soever We shall have of the acknowledgment they will confess they have enjoyed a great measure of happiness even these last sixteen years both in Peace and Plenty not only comparatively in respect of their Neighbours but even of those times which were justly accounted Fortunate The Fears and Jealousies which may make some impression in the minds of Our People We will suppose may be of two sorts either for Religion or Liberty and their Civil Interests The Fears for Religion may haply be not only as Ours here established may be invaded by the Romish party but as it is accompanied with some Ceremonies at which some tender Consciences really are or pretend to be scandalized for of any other which have been used without any legal Warrant or Injunction and already are or speedily may be abolished We shall not speak Concerning Religion as there may be any suspicion of favour or inclination to the Papists We are willing to declare to all the world That as We have been from Our Childhood brought up in and practised the Religion now established in this Kingdom so it is well known We have not contented simply with the Principles of Our Education given a good proportion of Our time and pains to the examination of the grounds of this Religion as it is different from that of Rome and are from Our Soul so fully satisfied and assured that it is the most pure and agreeable to the Sacred Word of God of any Religion now practised in the Christian world that as We believe We can maintain the same by unanswerable reasons so We hope We should readily seal to it by the effusion of Our Blood if it pleased God to call Us to that sacrifice And therefore nothing can be so acceptable unto Us as any proposition which may contribute to the advancement of it here or the propogation of it abroad being the only means to draw down a Blessing from God upon Our selves and this Nation And We have been extremely unfortunate if this profession of Ours be wanting to Our People Our constant practice in Our own Person having always been without ostentation as much to the evidence of Our Care and Duty herein as We could possibly tell how to express For differences amongst our selves for matters indifferent in their own nature concerning Religion We shall in tenderness to any number of Our loving Subjects very willingly comply with the advice of Our Parliament that some Law may be made for the exemption of Tender Consciences from punishment or prosecution for such Ceremonies and in such cases which by the judgment of most men are held to be matters indifferent and of some to be absolutely unlawful Provided that this ease be attempted and pursued with that modesty temper and submission that in the mean time the Peace and Quiet of the Kingdom be not disturbed the Decency and comeliness of Gods Service discountenanced nor the pious sober and devout actions of those Reverend Persons who were the first labourers in the blessed Reformation or of that time be scandal'd and defamed For We cannot without grief of heart and without some Tax upon Our Self and Our Ministers for the not execution of Our Laws look upon the bold Licence of some men in printing of Pamphlets in preaching and printing of Sermons so full of bitterness and malice against the present Government against the Laws established so full of Sedition against Our Self and the Peace of the Kingdom that We are many times amazed to consider by what Eyes these things are seen and by what Ears they are heard And therefore We have good cause to command as We have done and hereby do all Our Judges and Ministers of Justice Our Attorney and Sollicitor General and the rest of Our learned Counsel to proceed with all speed against such and their Abettors who either by writing or words have so boldly and maliciously violated the Laws disturbed the peace of the Commonwealth and as much as in them lies shaken the very foundation upon which that Peace and Happiness is founded and constituted And We doubt not but all Our loving Subjects will be very sensible that this busie virulent demeanour is a fit Prologue to nothing but Confusion and if not very seasonably punished and prevented will not only be a blemish to that wholsome Accommodation We intend but an unspeakable scandal and imputation even upon the Profession and Religion of this Our Kingdom of England Concerning the Civil Liberties and Interest of Our Subjects We shall need to say the less having erected so many lasting Monuments of Our Princely and Fatherly care of Our People in those many excellent Laws passed by Us this Parliament which in truth with very much content to Our self We conceive to be so large and ample that very many sober men have very little left to wish for We understood well the Right and pretences of Right We departed from in the consenting to the
and beget eternal Factions and Dissentions as destructive to publick Happiness as War both in the chosen and the Houses that chuse them and the People who chuse the Chusers since so new a Power will undoubtedly intoxicate persons who were not born to it and beget not only Divisions among them as Equals but in them contempt of Us as become an Equal to them and Insolence and Injustice towards Our People as now so much their Inferiors which will be the more grievous unto them as suffering from those who were so lately of a nearer degree to themselves and being to have redress only from those that placed them and fearing they may be inclined to preserve what they have made both out of kindness and policy since all great Changes are extremely inconvenient and almost infallibly beget yet greater Changes which beget yet greater Inconveniences since as great an one in the Church must follow this of the Kingdom since the Second Estate would in all probability follow the Fate of the Frst and by some of the same turbulent spirits Jealousies would be soon raised against them and the like Propositions for reconciliation of Differences would be then sent to them as they now have joyned to send to Us till all Power being vested in the House of Commons and their number making them incapable of transacting Affairs of State with the necessary Secrecy and Expedition those being re-trusted to some close Committee at last the Common people who in the mean time must be flattered and to whom Licence must be given in all their wilde humours how contrary soever to established Law or their own real Good discovering this Arcanum Imperii That all this was done by them but not for them grow weary of Journey-work and set up for themselves call Parity and Independence Liberty devour that Estate which had devoured the rest destroy all Rights and Proprieties all distinctions of Families and Merit and by this means this splendid and excellently distinguished form of Government end in a dark equal Chaos of Confusion and the long Line of Our many noble Ancestors in a Jack Cade or a Wat Tyler For all these Reasons to all these Demands Our Answer is Nolumus Leges Angliae mutari But this We promise that We will be as careful of preserving the Laws in what is supposed to concern wholly Our Subjects as in what most concerns Our Self For indeed We profess to believe that the preservation of every Law concerns Us those of Obedience being not secure when those of Protection are violated and We being most of any injured in the least violation of that by which We enjoy the highest Rights and greatest Benefits and are therefore obliged to defend no less by Our Interest then by Our Duty and hope that no Jealousies to the contrary shall be any longer nourished in any of Our good People by the subtle insinuations and secret practices of men who for private ends are disaffected to Our Honour and Safety and the Peace and Prosperity of Our People And to shew you that no just indignation at so reproachful offers shall make Us refuse to grant what is probable to conduce to the good of Our good People because of the ill company it comes in We will search carefully in this heap of unreasonable Demands for so much as We may complying with Our Conscience and the Duty of Our Trust assent unto and shall accordingly agree to it In pursuance of which Search in the Fourth Proposition under a Demand which would take from Us that Trust which God Nature and the Laws of the Land have placed in Us and of which none of you could endure to be deprived We find something to which We give this Answer That We have committed the principal places about Our Children to persons of Quality Integrity and Piety with special regard that their tender years might be so seasoned with the Principles of the true Protestant Religion as by the blessing of God upon this Our Care this whole Kingdom may in due time reap the fruit thereof And as We have likewise been very careful in the choice of Servants about them that none of them may be such as by ill Principles or by ill Examples to cross Our endeavours for their Pious and Vertuous Education so if there shall be found for all Our care to prevent it any person about Our Children or about Us which is more then you ask against whom both Houses shall make appear to Us any just exception We shall not only remove them but thank you for the Information Only We shall expect that you shall be likewise careful that there be no under-hand dealing by any to seek faults to make room for others to Succeed in their places For the Fifth Demand As We will not suffer any to share with Us in our power of Treaties which are most improper for Parliaments and least in those Treaties in which We are nearliest concerned not only as a King but as a Father yet We do such is Our desire to give all reasonable satisfaction assure you by the word of a King that We shall never propose or entertain any Treaty whatsoever for the Marriage of any of Our Children without due regard to the true Protestant Profession the good of Our Kingdoms and the Honour of Our Family For the Sixth Demand concerning the Laws in force against Jesuits Priests and Popish Recusants We have by many of Our Messages to you by Our voluntary promise to you so solemnly made never to pardon any Popish Priest by Our strict Proclamations lately published in this point and by the Publick Examples which We have made in that case since Our Residence at York and before at London sufficiently expressed Our zeal herein Why do you then ask that in which Our own Inclination hath prevented you And if you can yet find any more effectual Course to disable them from disturbing the State or eluding the Law by trusts or otherwise We shall willingly give Our Consent to it For the Seventh concerning the Votes of popish Lords We understand that they in discretion have withdrawn themselves from the Service of the House of Peers and had done so when use was publickly made of their Names to asperse the Votes of that House which was then counted as Malignant as those who are called Our unknown and Vnsworn Counsellors are now Neither do We conceive that such a Positive Law against the Votes of any whose blood gives them that Right is so proper in regard of the Privilege of Parliament but are content that so long as they shall not be conformable to the Doctrine and Discipline of the Church of England they shall not be admitted to sit in the House of Peers but only to give their Proxies to such Protestant Lords as they shall chuse who are to dispose of them as they themselves shall think fit without any reference at all to the giver As to the desires for a Bill for
by His Majesty or us in order to Peace here being so great a Condescending from a King to Subjects all indifferent Advantages left to them both for time and place of Treaty and choice of Persons to Treat But what their Intentions to Peace are will appear by their Letter enclosed in one from their General to the Earl of Forth both which are as followeth My Lord I Am commanded by both Houses of Parliament to send a Trumpeter with the inclosed Letter to His Majesty which I desire your Lordship may be most humbly presented to His Majesty I rest Essex-House March 9. 1643. Your Lordships humble Servant Essex May it please Your MAJESTY WE the Lords and Commons assembled in the Parliament of England taking into our Consideration a Letter sent from Your Majesty dated the third of March instant and directed to the Lords and Commons of Parliament assembled at Westminster which by the Contents of a Letter from the Earl of Forth unto the Lord General the Earl of Essex we conceive was intended to our selves have resolved with the concurrent advice and consent of the Commissioners of the Kingdom of Scotland to represent to Your Majesty in all humility and plainness as followeth That as we have used all means for a just and safe Peace so will we never be wanting to do our utmost for the procuring thereof But when we consider the Expressions in that Letter of Your Majesty's we have more sad and dispairing thoughts of attaining the same than ever because thereby those Persons now assembled at Oxford who contrary to their Duty have deserted Your Parliament are put into an equal Condition with it and this present Parliament convened according to the known and Fundamental Laws of the Kingdom the continuance whereof is established by a Law consented unto by Your Majesty is in effect denied to be a Parliament The Scope and Intention of that Letter being to make provision how all the Members as is pretended of both Houses may securely meet in a full and free Convention of Parliament Whereof no other conclusion can be made but that this present Parliament is not a full nor free Convention and that to make it a full and free Convention of Parliament the presence of those is necessary who notwithstanding that they have deserted that great Trust and do levy War against the Parliament are pretended to be Members of the two Houses of Parliament And hereupon we think our selves bound to let Your Majesty know That seeing the Continuance of this Parliament is settled by a Law which as all other Laws of Your Kingdoms Your Majesty hath sworn to maintain as we are sworn to our Allegiance to Your Majesty these obligations being reciprocal we must in duty and accordingly are resolved with our Lives and Fortunes to defend and preserve the Just Rights and full Power of this Parliament And do beseech Your Majesty to be assured that Your Majesty's Royal and hearty Concurrence with us herein will be the most effectual and ready means of procuring a firm and lasting Peace in all Your Majesty's Dominions and of begetting a perfect understanding between Your Majesty and Your People without which Your Majesty's most earnest Professions and our most real Intentions concerning the same must necessarily be frustrated And in case Your Majesty's three Kingdoms should by reason thereof remain in this sad and bleeding Condition tending by the continuance of this unnatural War to their Ruine Your Majesty cannot be the least nor the last Sufferer God in his goodness incline Your Royal Breast out of pity and compassion to those deep Sufferings of Your Innocent People to put a speedy and happy issue to these desperate Evils by the joynt Advice of both Your Kingdoms now happily united in this Cause by their late solemn League and Covenant Which as it will prove the surest Remedy so is it the earnest prayer of Your Majesty's Loyal Subjects the Lords and Commons assembled in the Parliament of England Westminster the 9 of March 1643. Gray of Wark Speaker of the House of Peers in Parliament pro tempore William Lenthall Speaker of the Commons House in Parliament Whosoever considers that this should be a Letter from Subjects might well think it very unbeseeming Language in them to call His Majesty's earnest endeavours for Peace but Professions and their own feigned pretence most real Intentions but much more menacing Language that is Majesty cannot be the least or last Sufferer which expressions from Subjects in Arms to their Soveraign what dangerous Construction they may admit we are unwilling to mention But we need not wonder at the manner of their expressions when we see in this Letter the Parliament it self as far as in them lies destroyed and those who here style themselves the Lords and Commons assembled in the Parliament of England not to resolve upon their Answer to their King without the concurrent advice and consent of the Commissioners as they call them of the Kingdom of Scotland If they had only taken the Advice of the Scotish Commissioners they had broken the Fundamental Constitution of Parliament the very Writs of Summons the Foundation of all Power in Parliament being in express terms for the Lords to treat and advise with the King and the Peers of the Kingdom of England and for the Commons to do and consent to those things which by that Common-Council of England should be ordained thereby excluding all others But their League it seems is gone further the Scots must consent as well as advise so that they have gotten a negative voice and they who in the former Letter would be the Kings only Council are now become no Council without the Scotish Commissioners The truth is they have besides the solemn League and Covenant with the Scots which their Letter mentions a strange and traitourous presumption for Subjects to make a Covenant and League with Subjects of another Kingdom without their Prince made private bargains with the Scots touching our Estates and a private agreement not to treat without their consent as some of themselves being afraid of a Treaty openly declared to the Common-Council of London And therefore 't is no wonder that being touched to the quick with the apprehension that they are not nor can be in this condition a full and free Convention of Parliament they charge us with deserting our Trust and would have us to be no Members of the Parliament They may remember it was our want of freedom within and the seditious Tumults without their many multiplied Treasons there and imposing traitourous Oaths which inforced our absence But concerning that and the want of freedom in Parliament we shall say no more here that being the Subject of another Declaration only we wish them to consider by what Fundamental Laws of the Kingdom which they have lately wrested to serve all turns they can exclude us from our Votes in Parliament who were duely summoned chosen and returned Members of Parliament and
take in those of another Kingdom to their Resolutions who are not bound by our Laws But what violation soever they make of the Laws they are forward to put the King in mind of His Duty and therefore tell Him That He is sworn to maintain the Laws as they are sworn to their Allegiance to Him these Obligations being reciprocal It is true in some sense that the Oath of the King and Subjects is reciprocal that is each is bound to perform what they swear the King as well as the Subjects but he that will well weigh their Letter and make one part have connexion with the other and examine that part of their Covenant whereby they swear they will defend the Kings Person and Authority no further or otherwise than in preservation of their Religion and Liberties may easily find another construction viz. That the Subjects Allegiance is no longer due than the King performs His Duty nay no longer than He in their opinion observes His Duty whereof they themselves must be Judges and if He fail in His Duty they may take up Arms against Him A Principle which as it is utterly destructive to all Government so we believe they themselves dare not plainly avow it lest as they now make use of it against the King so the People finding their failure of Duty and breach of Trust should hereafter practise it by taking up Arms against them and so shake of that yoak of Tyranny imposed by their fellow Subjects which lies so heavy upon them It were well as they still press upon the King maintenance of the Laws they would also know that their Obligation to observe the same is reciprocal and while they here resolve to defend and preserve the full Power of this Parliament which in their sense can be no other than the Power they have exercised this Parliament they would take notice that they are therein so far from observation of the Laws that they desperately resolve an utter subversion of them For what can more tend to the destruction of the Laws than to usurp a Power to themselves without the King and against His will to raise Arms to attribute to their Orders or pretended Ordinances the power of Laws and Statutes to inforce Contributions Loans and Taxes of all sorts from the Subject to imprison without cause shewed and then prohibit Writs of Habeas Corpus for their enlargement to lay Excises upon all Commodities to command and dispose of the Lives and Estates of the free-born Subjects of this Kingdom at their pleasure to impose Tonnage and Poundage contrary to the Law declared in the late Act for Tonnage and Poundage and all this done and justified as by a legal civil Power founded and inherent in them All which are manifest breaches of the Petition of Right and Magna Charta the great Evidence of the Liberties of England which Charter by express words binds them and us though assembled in Parliament as well as the King And though it be not now as heretofore it hath been taken by solemn Oath on the Peoples part as well as on the Kings nor a Curse as heretofore pronounced on the Violators yet they having taken a Protestation to maintain the Laws and the Liberties and Properties of the Subject and inclusively that Charter let them take heed whilst they make use of this their pretended Power to the destruction of the Law lest a Curse fall upon them and upon their Posterity God knoweth and it is too certain a truth that our selves and many other good Subjects in this Kindom even under the Power of the Kings Army have suffered exceedingly in Liberty and Estates during this present Rebellion by many heavy Charges the sad consideration whereof makes our hearts bleed because we can see no way for relief so long as this unnatural Rebellion continues But as these things were first practised by them and thereby necessitated upon the Kings Army so it was never yet pretended that they were done by virtue of a Law but either by Consent or by the unhappy and unavoidable exigences of War and to expire with the present Rebellion which God in mercy hasten For our parts we have the inward comfort of our own Consciences witnessing with us that we have improved all opportunities and advantages for the restoring of this Kingdom to its former Peace and we must witness for His Majesty His most hearty desires thereof And though both His Majesty and our endeavours therein have been made frustrate yet God in his great goodness hath raised up our spirits not to desert our Religion our King our Laws our Lives the Liberties of us English free-born Subjects and by God's assistance and His Majesty's concurrence we do resolve to unite our selves as one Man and cheerfully adventure our Lives and Estates for the maintenance and defence of the true Reformed Protestant Religion of the Church of England of which we profess our selves to be for the defence of the Kings Person and Rights of His Crown for the regaining and maintaining the Rights and Privileges of Parliament and the Liberty of the Subjects Person and Property of his Estate according to the known Laws of the Land to repel those of the Stotish Nation that have in a warlike manner entred this Realm and to reduce the Subjects thereof now in Rebellion to the Kings Obedience And we doubt not but the same God will enlighten the eyes of the poor deceived People of this Land like true-hearted honest English-Men to joyn unanimously with us in so just and pious a work And the God of Heaven prosper us according to the goodness of the Cause we have in hand The Names of the Lords and Commons of Parliament assembled at Oxford who did subscribe the Letter to the Earl of Essex dated January 27. 1643. CHARLES P. YORK CUMBERLAND Ed. Littleton C. S. Fra. Cottington D. Richmond M. Hartford E. Lindsey E. Dorset E. Shrewsbury E. Bath E. Southampton E. Leicester E. Northampton E. Devonshire E. Carlisle E. Bristol E. Berkshire E. Cleveland E. Rivers E. Dover E. Peterburgh E. Kingston E. Newport E. Portland V. Conway L. Digby L. Mowbray and Maltravers L. Wentworth L. Cromwell L. Rich. L. Paget L. Chandois L. Howard of Charleton L. Lovelace L. Savile L. Mohun L. Dunsmore L. Seymour L. Percy L. Wilmott L. Leigh L. Hatton L. Jermyn L. Carrington JOhn Fettiplace Esq Sir Alex. Denton Sir John Packington Sir Tho. Smith F. Gamul Esq Jo. Harris Esq Joseph Jane Esq Rich. Edgcombe Esq Jonathan Rashleigh Esq G. Fane Esq P. Edgcombe Esq Will. Glanvill Esq Sir Ro. Holborne Sir Ra. Sydenham Fra. Godolphin Esq Geo. Parry D. of Law Amb. Manaton Esq Ri. Vivian Esq Jo. Polewheele Esq John Arundell Esq Tho. Lower Esq Sir Edw. Hide Will. Allestree Esq Sir Geo. Stonehouse Ed. Seymour Esq Peter Sainthill Esq Sir Will. Poole Roger Matthew Esq Ri. Arundell Esq Ro. Walker Esq Giles Strangwaies Esq Sir John Strangwaies Sir Tho. Hele. Sir Ger. Naper Sam. Turner
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
may in all reason be thought to have more of Gifts and Graces enabling them to compose with serious deliberation and concurrent advice such Forms of Prayers as may best fit the Churches common wants inform the Hearers understanding and stir up that fiduciary and fervent application of their spirits wherein consists the very life and soul of Prayer and that so much pretended Spirit of Prayer than any private man by his solitary abilities can be presumed to have which what they are many times even there where they make a great noise and shew the affectations emptiness impertinency rudeness confusions flatness levity obscurity vain and ridiculous repetitions the sensless and oft-times blasphemous expressions all these burthened with a most tedious and intolerable length do sufficiently convince all men but those who glory in that Pharisaick way Wherein men must be strangely impudent and flatterers of themselves not to have an infinite shame of what they so do and say in things of so sacred a nature before God and the Church after so ridiculous and indeed profane a manner Nor can it be expected but that in duties of frequent performance as Sacramental administrations and the like which are still the same Ministers must either come to use their own Forms constantly which are not like to be so sound or comprehensive of the nature of the Duty as Forms of Publick composure or else they must every time affect new expressions when the Subject is the same which can hardly be presumed in any mans greatest sufficiencies not to want many times much of that compleatness order and gravity becoming those Duties which by this means are exposed at every celebration to every Ministers private Infirmities Indispositions Errors Disorders and Defects both for Judgment and Expression A serious sense of which inconveniences in the Church unavoidably following every mans several manner of officiating no doubt first occasioned the Wisdom and Piety of the Ancient Churches to remedy those mischiefs by the use of constant Liturgies of Publick composure The want of which I believe this Church will sufficiently feel when the unhappy fruits of many mens ungoverned Ignorance and confident defects shall be discovered in more Errors Schisms Disorders and uncharitable Distractions in Religion which are already but too many the more is the pity However if Violence must needs bring in and abet those Innovations that men may not seem to have nothing to do which Law Reason and Religion forbids at least to be so obtruded as wholly to justle out the Publick Liturgy Yet nothing can excuse that most unjust and partial severity of those men who either lately had subscribed to used and maintained the Service-book or refusing to use it cryed out of the rigor of the Laws and Bishops which suffered them not to use the liberty of their Consciences in not using it That these men I say should so suddenly change the Liturgy into a Directory as if the Spirit needed help for Invention tho not for Expresions or as if matter prescribed did not as much stint and obstruct the Spirit as if it were cloathed in and confined to fit words So slight and easie is that Legerdemain which will serve to delude the Vulgar That further they should use such severity as not to suffer without penalty any to use the Common-prayer-Book publickly although their Consciences bind them to it as a duty of Piety to God and Obedience to the Laws Thus I see no men are prone to be greater Tyrants and more rigorous exacters upon others to conform to their illegal Novelties than such whose Pride was formerly least disposed to the obedience of lawful constitutions and whose licentious humors most pretended conscientious liberties which freedom with much regret they now allow to Me and my Chaplains when they may have leave to serve Me whose Abilities even in their extemporary way comes not short of the others but their Modesty and Learning far exceeds the most of them But this matter is of so popular a nature as some men knew it would not bear learned and sober Debates lest being convinced by the evidence of Reason as well as Laws they should have been driven either to sin more against their Knowledg by taking away the Liturgy or to displease some Faction of the People by continuing the use of it Tho I believe they have offended more considerable men not only for their numbers and estates but for their weighty and judicious Piety than those are whose Weakness or Giddiness they sought to gratify by taking it away One of the greatest faults some men found with the Common-Prayer-Book I believe was this that it taught them to pray so oft for Me to which Petitions they had not Loyalty enough to say Amen nor yet Charity enough to forbear Reproaches and even Cursings of Me in their own Forms in stead of praying for Me. I wish their Repentance may be their only Punishment that seeing the mischiefs which the disuse of Publick Liturgies hath already produced they may restore that credit use and reverence to them which by the ancient Churches were given to Set Forms of sound and wholesom words And Thou O Lord which art the same God blessed for ever whose Mercies are full of variety and yet of constancy Thou deniest us not a new and fresh sense of our old and daily wants nor despisest renewed affections joyned to constant expressions Let us not want the benefit of thy Churches united and well-advised Devotions Let the matters of our Prayers be agreeable to thy will which is always the same and the fervency of our spirits to the motions of thy Holy Spirit in us And then we doubt not but thy Spiritual perfections are such as Thou art neither to be pleased with affected Novelties for matter or manner nor offended with the Pious constancy of our Petitions in them both Whose variety or constancy Thou hast no where either forbidden or commanded but left them to the Piety and Prudence of thy Church that both may be used neither despised Keep men in that pious moderation of their Judgments in matters of Religion that their Ignorance may not offend others nor their opinion of their own Abilities tempt them to deprive others of what they may lawfully and devoutly use to help their infirmities And since the advantage of Error consists in Novelty and Variety as Truth 's in Vnity and Constancy suffer not thy Church to be pestered with Errors and deformed with Vndecencies in thy Service under the pretence of Variety and Novelty nor to be deprived of Truth Vnity and Order under this fallacy That Constancy is the cause of Formality Lord keep us from formal Hypocrifie in our own hearts and then we know that praying to Thee or praising of Thee with David and other Holy men in the same Forms cannot hurt us Give us Wisdom to amend what is amiss within us and there will be less to mend without us Evermore defend and deliver thy Church
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
judge as well by former Passages as by Our two last Messages which have been so fruitless that though We have descended to desire and press it not so much as a Treaty can be obtained unless We would denude Our Self of all force to defend Vs from a visible strength marching against Vs and admit those Persons as Traitors to Vs who according to their Duty their Oaths of Allegiance and the Law have appeared in defence of Vs their King and Liege Lord whom We are bound in Conscience and Honour to preserve though We disclaimed all our Proclamations and Declarations and the erecting of Our Standard as against Our Parliament All We have now left in Our Power is to express the deep sense We have of the publick Misery of this Kingdom in which is involved that of Our distressed Protestants of Ireland and to apply Our Self to Our necessary Defence wherein We wholly rely upon the Providence of God the Justice of Our Cause and the Affection of Our good People so far We are from putting them out of Our Protection When you shall desire a Treaty of Vs We shall piously remember whose blood is to be spilt in this Quarrel and chearfully embrace it And as no other Reason induced Vs to leave Our City of London but that with Honour and Safety We could not stay there nor raise any Force but for the necessary defence of Our Person and the Law against Levies in opposition to both so We shall suddenly and most willingly return to the one and disband the other as soon as those causes shall be removed The God of Heaven direct you and in mercy divert those Judgments which hang over this Nation and so deal with Vs and Our Posterity as We desire the Preservation and Advancement of the true Protestant Religion the Laws and the Liberty of the Subject the just Rights of Parliament and the Peace of the Kingdom But as if all these gracious Messages had been the effects only of Our Weakness and instances of Our want of Power to resist that torrent they deal at last more plainly with Us and after many sharp causeless and unjust Reproaches they tell Us in plain English that without putting Our Self absolutely into their hands and deserting all Our own Force and the Protection of all those who have faithfully appeared for Us according to their Duty there would be no means of a Treaty although Our extraordinary desire of Peace had prevailed with Us to offer to recall Our most just Declarations and to take down Our Standard set up for Our necessary defence so their unjustifiable Declarations might be likewise recalled Their Answer follows in these words WE the Lords and Commons in Parliament assembled do present this our humble Answer to Your Majesty's Message of the 11th of this instant Month of September When we consider the Oppressions Rapines Firing of Houses Murthers even at this time whilst Your Majesty propounds a Treaty committed upon Your good Subjects by Your Soldiers in the presence and by the Authority of their Commanders being of the number of those whom Your Majesty holds Your self bound in Honour and Conscience to protect as Persons doing their Duties We cannot think Your Majesty hath done all that in You lies to prevent or remove the present Distractions nor so long as Your Majesty will admit no Peace without securing the Authors and Instruments of these Mischiefs from the Justice of the Parliament which yet shall be ever dispens'd with all requisite Moderation and distinction of Offences although some of those Persons be such in whose Preservation Your Kingdom cannot be safe nor the unquestionable Rights and Priviledges of Parliament be maintain'd without which the Power and Dignity thereof will fall into contempt We beseech Your Majesty therefore to consider Your Expressions That God should deal with You and Your Posterity as Your Majesty desires the Preservation of the just Rights of Parliament which being undeniable in the Trying of such as we have declared to be Delinquents we shall believe Your Majesty both towards Your self and Parliament will not in this Priviledge we are most sensible of deny us that which belongs unto the meanest Court of Justice in this Kingdom Neither hath Your Majesty cause to complain that You are denied a Treaty when we offer all that a Treaty can produce or Your Majesty expect Security Honour Service Obedience Support and all other effects of an Humble Loyal and Faithful Subjection and seek nothing but that our Religion Liberty Peace of the Kingdom Safety of the Parliament may be secured from the open Violence and cunning Practices of a wicked party who have long plotted our ruin and destruction And if there were any Cause of Treaty we know no competent Persons to Treat betwixt the King and Parliament and if both Cause and Persons were such as to invite Treaty the Season is altogether unfit whilst Your Majesty's Standard is up and Your Proclamations and Declarations unrecalled whereby Your Parliament is charged with Treason If Your Majesty shall persist to make Your self a shield and defence to those Instruments and shall continue to reject our faithful and necessary Advice for securing and maintaining Religion and Liberty with the Peace of the Kingdom and Safety of the Parliament we doubt not but to indifferent judgments it will easily appear who is most tender of that Innocent Blood which is like to be spilt in this Cause Your Majesty who by such persisting doth endanger Your self and Your Kingdoms or we who are willing to hazard our selves to preserve both We humbly beseech Your Majesty to consider how impossible it is that any Protestation though published in Your Majesty's name of Your tenderness of the Miseries of Your Protestant Subjects in Ireland of Your Resolution to maintain the Protestant Religion and Laws of this Kingdom can give satisfaction to reasonable and indifferent men when at the same time divers of the Irish Traitors and Rebels the known Favourers of them and Agents for them are admitted to Your Majesty's presence with Grace and Favour and some of them imployed in Your service when the Cloaths Munition Horses and other Necessaries bought by your Parliament and sent for the supply of the Army against the Rebels there are violently taken away some by Your Majesty's Command others by Your Ministers and applied to the maintenance of an unnatural War against Your People here All this notwithstanding as we never gave Your Majesty any just cause of withdrawing Your self from Your great Council so it hath ever been and shall ever be far from us to give any impediment to Your Return or to neglect any proper means of curing the Distempers of the Kingdom and closing the dangerous Breaches betwixt Your Majesty and Your Parliament according to the great Trust which lies upon us and if Your Majesty shall now be pleased to come back to Your Parliament without Your Forces we shall be ready to secure Your Royal Person
Letters to the Speaker of the House of Commons a Copy of which was sent to Us were forthwith sent to them That Our Army would be forced through wants to disband or depart the Kingdom and that there would be nothing to be exspected there but the instant Loss of the Kingdom and the destruction of the remnant of Our good Subjects yet left there In stead of any redress or relief according to these Letters such Ships as were by the care and charity of well-affected Persons provided to transport Cloths and Victual to them were in their Voyage thither seized and taken by the Ships under the Command of the Earl of Warwick and in stead of endeavours to send more Forces thither attempts were made to draw the Scotch Forces from thence into this Kingdom So that We thought Our Self bound in Duty and Conscience since it was not in Our power otherwise to preserve that Kingdom from utter Ruine at least to admit any Expedient which with God's blessing might be a means to preserve that People and therefore We directed the Lord Marquess Ormond whom for his Courage Affection and Loyalty We had made Our Lieutenant-General of that Our Army and who having gotten so many notable Victories upon the Rebels was very well approved of by the two Houses of Parliament to agree on Our behalf to such a Cessation of Arms with the Rebels as upon his understanding and knowledge of the condition of Our affairs there should be thought reasonable This Cessation was concluded on the 15. day of September for one whole year and the Articles thereof printed at Dublin were sent to Us by Our Lords Justices and Council and arrived here on Saturday last with a Letter from them to one of Our Secretaries expressing the great sufferings of Our Army there through want of relief out of England We have thought fit with this true and plain relation to publish the said Articles according to the Copy sent Us that all Our good Subjects may see how We have proceeded herein What opinion the principal Persons as well of Our Council as the Officers of Our Army there have of this Cessation may appear by the Testimony which We have caused to be Printed after the Articles with their names who have set their hands to the same And let all Our good Subjects be assured that as We have for these Reasons and with this Caution and deliberation consented to this Preparation to Peace and to that purpose do continue Our Parliament there so We shall proceed in the accomplishing thereof with that care and circumspection that We shall not admit even Peace it self otherwise than as it may be agreeable to Conscience Honour and Justice By the Lords Justices and Council Jo. Borlase Hen. Tichborne UPON consideration had of the annexed Articles of Cessation of Arms whereby it is concluded and accorded that there be a Cessation of Arms and of all Acts of Hostility for one whole year beginning the fifteenth day of September Anno Domini one thousand six hundred forty three at the hour of twelve of the Clock of the said day We the Lords Justices and Council according to His Majesty's Letters of the one and thirtieth of July last do by this Proclamation in His Majesty's Name ratifie confirm and publish the same and do require all His Majesty's Subjects whom it may concern by Sea and Land to take notice thereof and to yield all due Obedience thereunto in all the parts thereof Given at His Majesty's Castle of Dublin the 19th day of September 1643. R. Bolton Canc. Roscomon Cha. Lambart Tho. Rotherham Tho. Lucas La. Dublin Edw. Brabazon Geo. Shurley Ormonde Ant. Midensis Gerard Lowther Fr. Willoughby Ja. Ware God Save the KING ARticles of Cessation of Arms agreed and concluded on at Singingstown in the County of Kildare the 15. day of September in the nineteenth year of His Majesty's Reign by and between James Marquess of Ormond Lieutenant-General of His Majesty's Army in the Kingdom of Ireland for and in the Name of Our Gracious Sovereign Lord CHARLES by the Grace of God King of Great Britain France and Ireland c. by virtue of His Majesty's Commission bearing date at Dublin the last of August in the said nineteenth year of His Majesty's Reign of the one part and Donnogh Viscount Muskery Sir Lucas Dillon Knight Nicholas Plunket Esquire Sir Robert Talbot Baronet Sir Richard Barnewell Baronet Torlogh O-Neal Geffry Brown Ever Mac-Gennis and John Walsh Esquires authorized by His Majesty's Roman Catholick Subjects of whose party they are and now in Arms in the said Kingdom c. to treat and conclude with the said Marquess for a Cessation of Arms by virtue of an Authority given unto them bearing date at Cashel the 7. day of September in the said nineteenth year of His Majesty's Reign of the other part FIrst It is concluded and accorded that there be a Cessation of Arms and of all Acts of Hostility between His Majesty 's said Roman Catholick Subjects who are now in Arms c. in this Kingdom and their Party and all others His Majesty's good Subjects for one whole year to begin the fifteenth day of Septemb. Anno Dom. 1643. at the hour of 12. of the clock of the said day Item It is concluded and accorded that free passage Entercourse Commerce and Traffick during the said Cessation shall be between His Majesty 's said Roman Catholick Subjects who are now in Arms c. and their Party and all others His Majesty's good Subjects and all others in League with His Majesty by Sea and Land Item It is concluded and accorded and the said Viscount Muskery and the rest of the above-named Persons do promise and undertake for and in the behalf of those for whom they are authorized to treat and conclude as aforesaid that all Ships Barques and Vessels which shall bring Provisions to any Harbour in this Kingdom in the hands or possession of such as shall obey the Articles of this Cessation from Minehead and White-haven and from all the Ports between on that side where Wales is situate so as they be Ships belonging to any of the said Ports and do not use any Acts of Hostility to any of the said Roman Catholicks who are now in Arms c. or to any of their Party or to any who shall be waged or employed unto or by them shall not be interrupted by any of their Party nor by any Ships or other Vessels of what Country or Nation soever under their Power or Command or waged employed or contracted with on their behalf or by any Forts Garrisons or forces within this Kingdom under their power in their coming to this Kingdom or returning from thence Item It is concluded and accorded and the said Lord Viscount Muskery and the rest of the above-named parties do promise and undertake for and in the behalf of those for whom they are authorized as aforesaid that all Ships Barques and Vessels which shall bring
most affectionate humble Servants Ed. Littleton C. S. L. Cottington D. Richmond M. Hartford M. Newcastle E. Huntington E. Bathon E. Southampton E. Dorset E. Northampton E. Devonshire E. Bristol E. Berkshire E. Cleveland E. Marlburgh E. Rivers E. Lindsey E. Dover E. Peterburgh E. Kingston E. Newport E. Portland E. Carbury V. Conway V. Falconbridge V. Wilmot V. Savile L. Mowbray and Maltravers L. Darcy and Coniers L. Wentworth L. Cromwell L. Rich. L. Paget L. Digby L. Howard of Charleton L. Deincourt L. Lovelace L. Pawlet L. Mohun L. Dunsmore L. Seymour L. Herbert L. Cobham L. Capell L. Percy L. Leigh L. Hatton L. Hopton L. Jermyn L. Loughborough L. Byron L. Widderington MDCXLIII IV. Votes of the Commons at Oxford Die Veneris Januar. 26. 1643. Resolved upon the Question Nemine contradicente THat all such Subjects of Scotland as have consented to the Declaration intituled the Declaration of the Kingdom of Scotland and concerning the present Expedition into England according to the Commission and Order of the Convention of Estates from their meeting at Edinburgh August 1643. have thereby denounced War against the Kingdom of England and broke the Act of Pacification Resolved upon the Question Nemine contradicente That all such of the Subjects of Scotland as have in a Hostile manner entred into the Town of Berwick upon Twede have thereby broke the Act of Pacification Resolved upon the Question Nemine contradicente That all His Majesty's Subjects of the Kingdom of England and Dominion of Wales are both by their Allegiance and the Act of Pacification bound to resist and repress all such of the Subjects of Scotland as have in a Hostile manner already entred or shall hereafter enter into the Town of Barwick upon Twede or any other part of His Majesty's Realm of England or Dominion of Wales as Traytors and Enemies to the State Resolved upon the Question Nemine contradicente That shall such of His Majesty's Subjects of the Realm of England or Dominion of Wales that shall be abetting aiding and assisting to the Subjects of Scotland in their Hostile Invasion of any part of His Majesty's Realm of England or Dominion of Wales shall be deemed and taken as Traitors and Enemies to the State Resolved upon the Question Nemine contradicente That all His Majesty's Subjects of Scotland are bound by the Act of Pacification to resist and repress all of that Kindom that already haveraised Arms or shall rise in Arms to invade this Kingdom of England or Dominion of Wales Votes of the Commons at Oxford March 12. 1643. Resolved upon the Question Nemine contradicente THat the Lords and Commons now remaining at Westminster that have given their Votes or consent to the raising of Forces under the Command of the Earl of Essex or have been abetting aiding or assisting thereunto have levied and made War against the King and are therein guilty of High Treason Resolved upon the Question Nemine contradicente That the Lords and Commons now remaining at Westminster that have given their Votes and consents for the making and using of a new Great Seal have thereby counterfeited the Kings Great Seal and therein committed High Treason Resolved upon the Question Nemine contradicente That the said Lords and Commons now remaining at Westminster that have given their consents or have been abetting aiding or assisting to the present coming in of the Scots into England in a Warlike manner have therein committed High Treason Resolved upon the Question Nemine contradicente That the Lords and Commons now remaining at Westminster who have committed the Crimes mentioned in the three former Votes have therein broken the Trust in them reposed by their Country and ought to be proceeded against as Traitors to the King and Kingdom Resolved upon the Question Nemine contradicente That all the Endeavours and Offers of Peace and Treaty made by His Majesty by the advice of the Lords and Commons of Parliament assembled at Oxford have been refused and rejected by the Lords and Commons remaining at Westminster MDCXLIII IV. A Declaration of the Lords and Commons of Parliament assembled at Oxford of their Proceedings touching a Treaty for Peace and the Refusal thereof with the several Letters and Answers that passed therein IF our most earnest Desires and Endeavours could have prevailed for a Treaty our Proceedings therein without this Declaration would have manifested to all the World the clearness of our Intentions for the restoring the Peace of this Kingdom But seeing all the means used by Us for that purpose have been rendred fruitless we hold our selves bound to let our Countries know what in discharge of our Duty to God and to them we on our parts have done since our coming to Oxford to prevent the further effusion of Christian blood and the Desolation of this Kingdom His Majesty having by His Proclamation upon occasion of the Invasion from Scotland and other weighty reasons commanded our attendance at Oxford upon the 22. of January last there to advise Him for the preservation of the Religion Laws and Safety of the Kingdom and to restore it to its former Peace and Security these Motives with the true sense of our Countries Miseries quickned our duty to give ready obedience to those His Royal Commands hoping by God's blessing to have become happy Instruments for such good Ends. And upon our coming hither we applyed our selves with all diligence to advise of such means as might most probably settle the Peace of this Kingdom the thing most desired by His Majesty and our selves And because we found many gracious offers of Treaty for Peace by His Majesty had been rejected by the Lords and Commons remaining at Westminster we deemed it fit to write in our own names and thereby make tryal whether that might produce any better effect for accomplishing our desires and our Countries Happiness And they having under pain of Death prohibited the address of any Letters or Message to Westminster but by their General and we conceiving him a Person who by reason of their trust reposed in him had a great influence into and Power over their Proceedings resolved to recommend it to his Care and to engage him in that Pious Work with our earnest desire to him to represent it to those that trusted him to prevent all exceptions and delay And thereupon the 27. of the same January dispatched a Letter away under the hands of the Prince His Highness the Duke of York and of 43. Dukes Marquesses Earls Viscounts and Barons of the House of Peers and 118. Members of the House of Commons there present many others of us by reason of distance of place sickness and imployments in His Majesty's Service and for want of timely notice of the Proclamation of Summons not being then come hither which Letter we caused to be inclosed in a Letter from the Earl of Forth the Kings General A true Copy of which Letter from us to the Earl of Essex hereafter followeth viz. My Lord HIS
that matters being impartially setled might be more satisfactory to all and more durable But much of Gods Justice and Mans folly will at length be discovered through all the films and pretensions of Religion in which Politicians wrap up their designs In vain do men hope to build their Piety on the ruines of Loyalty Nor can those confederations or designs be durable when Subjects make Bankrupt of their Allegiance under pretence of setting up a quicker trade for Religion But as my best Subjects of Scotland never deserted Me so I cannot think that the most are gone so far from Me in a Prodigality of their love and respects toward Me as to make Me to despair of their return when besides the bonds of Nature and Conscience which they have to Me all Reason and true Policy will teach them that their chiefest interest consists in their Fidelity to the Crown not in their serviceableness to any Party of the People to a neglect and betraying of my Safety and Honour for their own advantages However the less cause I have to trust to men the more I shall apply My self to God The troubles of My Soul are enlarged O Lord bring Thou Me out of My distress Lord direct Thy Servant in the ways of that Pious Simplicity which is the best Policy Deliver Me from the combined strength of those who have so much of the Serpents Subtility that they forget the Doves Innocency Tho hand joyn in hand yet let them not prevail against My Soul to the betraying of My Conscience and Honour Thou O Lord canst turn the hearts of those Parties in both Nations as Thou didst the men of Judah and Israel to restore David with as much loyal zeal as they did with inconstancy and eagerness pursue him Preserve the love of thy Truth and Vprightness in Me and I shall not despair of My Subjects affections returning towards Me. Thou canst soon cause the overflowing Seas to ebb and retire back again to the bounds which Thou hast appointed for them O My God I trust in Thee let Me not be ashamed let not My Enemies triumph over Me. Let them be ashamed who transgress without a cause let them be turned back that persecute My Soul Let Integrity and Vprightness preserve Me for I wait on Thee O Lord. Redeem thy Church O God out of all its Troubles XIV Vpon the COVENANT THE Presbyterian Scots are not to be hired at the ordinary rate of Auxiliaries nothing will induce them to engage till those that call them in have pawned their Souls to them by a Solemn League and Covenant Where many engines of Religious and fair pretensions are brought chiefly to batter or rase Episcopacy This they make the grand evil Spirit which with some other Imps purposely added to make it more odious and terrible to the Vulgar must by so solemn a Charm and Exorcism be cast out of this Church after more than a Thousand years possession here from the first plantation of Christianity in this Island and an universal prescription of time and practice in all other Churches since the Apostles times till this last Century But no Antiquity must plead for it Presbytery like a young Heir thinks the Father hath lived long enough and impatient not to be in the Bishops Chair and Authority tho Lay-men go away with the Revenues all Art is used to sink Episcopacy and lanch Presbytery in England which was lately boyed up in Scotland by the like artifice of a Covenant Altho I am unsatisfied with many passages in that Covenant some referring to My self with very dubious and dangerous limitations yet I chiefly wonder at the design and drift touching the Discipline and Government of the Church and such a manner of carrying them on to new ways by Oaths and Covenants where it is hard for men to be engaged by no less than swearing for or against those things which are of no clear Moral necessity but very disputable and controverted among Learned and Godly men whereto the application of Oaths can hardly be made and enjoined with that Judgment and certainty in ones self or that Charity and candor to others of different Opinion as I think Religion requires which never refuses fair and equable Deliberations yea and Dissentings too in matters only probable The enjoyning of Oaths upon People must needs in things doubtful be dangerous as in things unlawful damnable and no less superfluous where former Religious and Legal Engagements bound men sufficiently to all necessary duties Nor can I see how they will reconcile such an Innovating Oath and Covenant with that former Protestation which was so lately taken To maintain the Religion established in the Church of England since they count Discipline so great a part of Religion But ambitious minds never think they have laid snares and gins enough to catch and hold the Vulgar credulity for by such politick and seemingly-pious Stratagems they think to keep the populacy fast to their Parties under the terror of Perjury Whereas certainly all honest and wise men ever thought themselves sufficiently bound by former ties of Religion Allegiance and Laws to God and Man Nor can such after-Contracts devised and imposed by a few men in a declared Party without My consent and without any like power or precedent from God's or Mans Laws be ever thought by judicious men sufficient either to absolve or slacken those Moral and Eternal bonds of Duty which lie upon all my Subjects Consciences both to God and Me. Yet as things now stand good men shall least offend God or Me by keeping their Covenant in honest and lawful ways since I have the Charity to think that the chief End of the Covenant in such mens intentions was To preserve Religion in Purity and the Kingdoms in Peace To other than such ends and means they cannot think themselves engaged Nor will those that have any true touches of Conscience endeavour to carry on the best designs much less such as are and will be daily more apparently factious and ambitious by any unlawful means under that Title of the Covenant unless they dare prefer ambiguous dangerous and unauthorized Novelties before their known and sworn Duties which are indispensable both to God and My self I am prone to believe and hope that many who took the Covenant are yet firm to this Judgment That such later Vows Oaths or Leagues can never blot out those former gravings and characters which by just and lawful Oaths were made upon their Souls That which makes such Confederations by way of Solemn Leagues and Covenants more to be suspected is That they are the common road used in all Factions and Powerful Perturbations of State or Church Where formalities of extraordinary Zeal and Piety are never more studied and elaborate than when Politicians most agitate desperate designs against all that is setled or sacred in Religion and Laws which by such screws are cunningly yet forcibly wrested by secret steps and less sensible degrees from