as you shall think fit to Treat with the like number of Persons to be appointed by His Majesty upon the said Propositions and such other things as shall be proposed by His Majesty for the preservation and defence of the Protestant Religion with due regard to the ease of tender Consciences as His Majesty hath often offered the Rights of the Crown the Liberty and Property of the Subject and the Priviledges of Parliament and upon the whole matter to conclude a happy and blessed Peace XIII From OXFORD Dec. 5. MDC XLV For a safe Conduct for certain Persons of Honour to be sent with Propositions of Peace For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty being still deeply sensible of the continuation of this bloody and unnatural War cannot think Himself discharg'd of the duty He ows to God or the affection and regard He hath to the preservation of His People without the constant application of His earnest endeavours to find some Expedient for the speedy ending of these unhappy Distractions if that may be doth therefore desire That a safe Conduct may be forthwith sent for the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffry Palmer Esquires and their attendants with Coaches Horses and other accommodations for their journey to Westminster during their stay there and return when they shall think fit whom His Majesty intends to send to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland furnished with such Propositions as His Majesty is confident will be the foundation of a happy and well-grounded Peace Given at our Court at Oxford 5. December 1645. XIV From OXFORD Dec. 15. MDCXLV In pursuance of the former For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty cannot but extremely wonder that after so many expressions on your part of a deep and seeming sense of the Miseries of this afflicted Kingdom and of the dangers incident to His Person during the continuance of this unnatural War your many great and so often repeated Protestations that the raising of these Arms hath been only for the necessary defence of God's true Religion His Majesty's Honour Safety and Prosperity the Peace Comfort and Security of His People you should delay a safe Conduct to the persons mentioned in His Majesty's Message of the fifth of this instant December which are to be sent unto you with Propositions for a well-grounded Peace A thing so far from having been denied at any time by His Majesty whensoever you have desired the same that He believes it hath been seldom if ever practised among the most avowed and professed Enemies much less from Subjects to their King But His Majesty is resolved that no discouragements whatsoever shall make Him fail on His part in doing His uttermost endeavours to put an end to these Calamities which if not in time prevented must prove the ruine of this unhappy Nation and therefore doth once again desire that a safe Conduct may be forthwith sent for those Persons expressed in His former Message and doth therefore conjure you as you will answer to Almighty God in that day when He shall make inquisition for all the blood that hath and may yet be spilt in this unnatural War as you tender the preservation and establishment of the true Religion by all the bonds of Duty and Allegiance to your King or compassion to your bleeding and unhappy Countrey and of charity to your selves that you dispose your hearts to a true sense and imploy all your faculties in a more serious endeavour together with His Majesty to set a speedy end to these wasting Divisions and then He shall not doubt but that God will yet again give the blessing of Peace to this distracted Kingdom Given at our Court at Oxford the 15. of Decemb. 1645. XV. From OXFORD Dec. 26. MDCXLV For a Personal Treaty For 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. NOtwithstanding the strange and unexpected delays which can be precedented by no former times to His Majesties two former Messages His Majesty will lay aside all expostulations as rather serving to lose time than to contribute any remedy to the evils which for the present do afflict this distracted Kingdom Therefore without further preamble His Majesty thinks it most necessary to send these Propositions this way which He intended to do by the Persons mentioned in His former Messages though He well knows the great disadvantage which overtures of this kind have by the want of being accompanied by well-instructed Messengers His Majesty conceiving that the former Treaties have hitherto proved ineffectual chiefly for want of Power in those Persons that Treated as likewise because those from whom their Power was derived not possibly having the particular informations of every several debate could not give so clear a Judgment as was requisite in so important a business If therefore His Majesty may have the engagement of the two Houses of Parliament at Westminster the Commissioners of the Parliament of Scotland the Mayor Aldermen Common-Council and Militia of London of the chief Commanders in Sir Thomas Fairfax his Army as also those in the Scots Army for His Majesties free and safe coming to and abode in London or Westminster with such of His Servants now attending Him and their followers not exceeding in all the number of three hundred for the space of forty days and after the said time for His free and safe repair to any of His Garrisons of Oxford Worcester or Newark which His Majesty shall nominate at any time before His going from London or Westminster His Majesty propounds to have a Personal Treaty with the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland upon all matters which may conduce to the restoring of Peace and happiness to these miserable distracted Kingdoms and to begin with the three Heads which were Treated on at Vxbridge And for the better clearing of His Majesties earnest and sincere intentions of putting an end to these unnatural Distractions knowing that point of security may prove the greatest obstacle to this most blessed work His Majesty therefore declares That He is willing to commit the great trust of the Militia of this Kingdom for such time and with such powers as are exprest in the Paper delivered by His Majesties Commissioners at Vxbridge the sixth of February last to these persons following viz. the Lord Privy Seal the Duke of Richmond the Marquess of Hertford the Marquess of Dorchester the Earl of Dorset Lord Chamberlain the Earl of Northumberland the Earl of Essex Earl of Southampton Earl of Pembroke Earl of Salisbury Earl of Manchester Earl of Warwick Earl of Denbigh Earl of Chichester Lord Say Lord Seymour Lord Lucas Lord
intention to continue this War any longer or to make any Division between His two Kingdoms but to give such contentment to both as by the blessing of God He might see a happy and well-grounded Peace thereby to bring Prosperity to these Kingdoms answerable to the best times of His Progenitors And since the setling of Religion ought to be the chiefest care of all Counsels His Majesty most earnestly and heartily recommends to His two Houses of Parliament all the ways and means possible for speedy finishing this pious and necessary work and particularly that they take the advice of the Divines of both Kingdoms assembled at Westminster Likewise concerning the Militia of England for securing His People against all pretensions of Danger His Majesty is pleased to have it setled as was offered at the Treaty at Vxbridge all the persons being to be named for the trust by the two Houses of the Parliament of England for the space of seven years and after the expiring of that term that it be regulated as shall be agreed upon by His Majesty and His two Houses of Parliament And the like for the Kingdom of Scotland Concerning the Wars in Ireland His Majesty will do whatsoever is possible for Him to give full satisfaction therein And if these be not satisfactory His Majesty then desires that all such of the Propositions as are already agreed upon by both Kingdoms may be speedily sent unto Him His Majesty being resolved to comply with His Parliament in every thing that shall be for the Happiness of His Subjects and for the removing of all unhappy Differences which have produced so many sad effects His Majesty having made these offers he will neither question the thankful acceptation of them nor doth He doubt but that His two Kingdoms will be careful to maintain Him in His Honour and in His just and lawful Rights which is the only way to make a happy composure of these unnatural Divisions and likewise will think upon a solid way of conserving the Peace between the two Kingdoms for the time to come and will take a speedy course for easing and quieting His afflicted People by satisfying the publick Debts by disbanding of all Armies and whatsoever else shall be judged conducible to that end that so all hindrances being removed He may return to His Parliament with mutual comfort Southwell May 18. 1646. POSTSCRIPT HIS Majesty being desirous to shun the further effusion of Blood and to evidence His real intentions to Peace is willing that His Forces in and about Oxford be disbanded and the Fortifications of the City dismantled they receiving honorable Conditions Which being granted to the Town and Forces there His Majesty will give the like Order to the rest of the Garrisons XXIV From NEW CASTLE Jun. 10. MDCXLVI For Propositions for Peace and a Personal Treaty 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 CHARLES R. HIS Majesty looking with grief of heart upon the sad sufferings of His People in His three Kingdoms for some years past and being afflicted with their distresses and unquiet conditions through the distractions about Religion the keeping of Forces on foot in the Fields and Garrisons the not satisfying of publick Debts and the fears of the further effusion of blood by the continuance of an unnatural War in any of these Kingdoms or by rending and dividing these Kingdoms so happily united and having sent a gracious Message unto both Houses of Parliament and the Commissioners of the Parliament of Scotland expressing the necessary causes of His coming from Oxford unto the Scotish Army without any intention to make a Division where He is in freedom and right capacity to settle a true Peace and containing such offers as He conceived would have been accepted with a general clause of complying with their desires and being impatient of delays and not acquainted with the particulars which may give contentment to them His Majesty doth earnestly desire That the Propositions of Peace so often promised and so much expected may be speedily sent unto Him that upon consideration of them He may apply Himself to give such satisfaction as may be the foundation of a firm Peace And for the better and more speedy attaining thereunto His Majesty doth further propound That He may come to London with Safety Freedom and Honour where He resolves to comply with His Houses of Parliament in every thing which may be most for the good of His Subjects and perfect what remains for setling both Kingdoms and People in a happy condition being likewise most confident that they according to their reiterated Declarations and solemn Protestations will be zealous in the maintenance of His Honour and just and lawful Rights And as His Majesty desires the Houses of Parliament to disburthen the Kingdom of all Forces and Garrisons in their power except such as before these unhappy times have been maintained for the necessary defence and safety of this Kingdom so He is willing forthwith to disband all His Forces and Garrisons within the same as the inclosed Order herewith sent will evidence And if upon these offers His Majesty shall have such satisfaction as He may be confident a firm Peace shall ensue thereon His Majesty will then give order for His Son the Prince his present return Newcastle the tenth of June 1646. To Our Trusty and Well-beloved Sir Thomas Glenham Sir Thomas Tildesley Col. H. Washington Col. Thomas Blagge Governours of Our Cities and Towns of Oxford Lichfield Worcester and Wallingford and all other Commanders of any Towns Castles and Forts in Our Kingdom of England CHARLES R. HAving resolved to comply with the desires of Our Parliament in every thing which may be for the good of Our Subjects and leave no means unassayed for removing all Differences amongst us therefore We have thought fit the more to evidence the reality of Our intentions of setling a happy and firm Peace to require you upon honourable terms to quit those Towns Castles and Forts intrusted to you by Vs and to disband all the Forces under your several Commands Newcastle the tenth of June 1646. XXV From NEWCASTLE Aug. 1. MDCXLVI For a Personal Treaty upon the Propositions sent Him To 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 CHARLES R. THE Propositions tendered to His Majesty by the Commissioners from the Lords and Commons of the Parliament of England assembled at Westminster and the Commissioners of the Parliament of Scotland to which the Houses of Parliament have taken twice so many months for deliberation as they have assigned days for His Majesties Answer do import so great alterations in Government both in Church and Kingdom as it is very difficult to return a particular and positive Answer before a full
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 monies 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 expressed in the Article of the Militia For the Court of Wards and Liveries His Majesty very well knows the consequence of taking that away 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 than 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 setled 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 to them And His Majesty proposeth as the best expedient 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 two 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 as to what may reasonably be 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 perfecting of these Concessions as also for such other things as may be proposed by the two Houses and for such just and reasonable demands as His Majesty shall find necessary to propose on His part He earnestly desires a Personal Treaty at London with His two Houses in Honour Freedom and Safety it being in His Judgement the most proper and indeed only means to a firm and settled Peace and impossible without it to reconcile former or avoid future Misunderstandings All these things being by Treaty perfected His Majesty believes His Houses will think it reasonable that the Proposals of the Army concerning the Succession of Parliaments and their due elections should be taken into consideration As for what concerns the Kingdom of Scotland His Majesty will very readily apply Himself to give all reasonable satisfaction when the desires of the two Houses of Parliament on their behalf or of the Commissioners of that Kingdom or of both joyned together shall be made known unto Him CHARLES R. From the Isle of Wight November 17. 1647. XXXIII From CARISBROOK Dec. 6. MDCXLVII For an Answer to His last To 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 CHARLES R. HAD His Majesty thought it possible that His two Houses could be imployed in things of greater concernment than the Peace of this miserable distracted Kingdom He would have expected with more patience their leisure in acknowledging the receipt of His Message of the 17. of November last But since there is not in nature any consideration preceding to that of Peace His Majesty's constant tenderness of the welfare of His Subjects hath such a prevalence with Him that He cannot forbear the vehement prosecution of a Personal Treaty which is only so much the more desired by His Majesty as it is superior to all other means of Peace And truly when His Majesty considers the several complaints He daily hears from all parts of this Kingdom That Trade is so decayed all commodites so dear and Taxes so insupportable that even natural subsistence will suddenly fail His Majesty to perform the Trust reposed in Him must use His uttermost endeavours for Peace though He were to have no share in the benefit of it And hath not His Majesty done His part for it by devesting Himself of so much Power and Authority as by His last Message He hath promised to do upon the concluding of the whole Peace And hath He met with that acknowledgement from His two Houses which this great Grace and Favour justly deserves Surely the blame of this great retarding of Peace must fall somewhere else than on His Majesty To conclude if ye will but consider in how little time this necessary good work will be done if you the two Houses will wait on His Majesty with the same resolutions for Peace as He will meet you He no way doubts but that ye will willingly agree to this His Majesty's earnest desire of a Personal Treaty and speedily desire His presence amongst you where all things agreed on being digested into Acts till when it is most unreasonable for His Majesty or His two Houses to desire each of other the least concession this Kingdom may at last enjoy the blessing of a long-wisht-for Peace Carisbrook-Castle Decemb. 6. 1647. XXXIV From CARISBROOK Dec. 28. MDCXLVII In Answer to the Four Bills and Propositions before the Votes of No address For the Speaker of the House of Peers pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. THE necessity of complying with all engaged Interests in these great Distempers for a perfect settlement of Peace His Majesty finds to be none of the least difficulties He hath met with since the time of His Afflictions Which is too visible when
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
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
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
considered your Propositions and finds it very difficult in respect they import so great an Alteration in Government both in Church and State to return a particular and positive Answer before a full debate wherein those Propositions and all the necessary Explanations and Reasons for assenting dissenting or qualifying and all inconveniences and mischiefs which may ensue and cannot otherwise be so well foreseen may be discussed and weighed His Majesty therefore proposeth and desireth as the best Expedient for Peace That you will appoint such a number of Persons as you shall think fit to Treat with the like number of Persons to be appointed by His Majesty upon the said Propositions and such other things as shall be proposed by His Majesty for the preservation and defence of the Protestant Religion with due regard to the ease of tender Consciences as His Majesty hath often offered the Rights of the Crown the Liberty and Property of the Subjects and the Privileges of Parliament and upon the whole matter to conclude a happy and blessed Peace Unto which Message this Answer of the 27. of December was returned to His Majesty May it please Your most Excellent Majesty VVE Your Majesty's humble and Loyal Subjects of both Kingdoms have considered of Your Majesty's Message of the 13. of December 1644. sent by the Duke of Richmond and the Earl of Southampton directed to the Lords and Commons assembled in the Parliament of England at Westminster and to the Commissioners of the Parliament of Scotland now at London and do in all humbleness return this Answer That we do consent there be a Treaty for a safe and well-grounded Peace but find that it will require some time to resolve concerning the Instructions and manner of that Treaty and therefore that Your Majesty might not be held in suspence touching our readiness to make use of any opportunity for attaining such a blessed and happy Peace in all Your Majesty's Dominions we would not stay Your Majesty's Messengers till we did resolve upon all those particulars which we will take into our serious consideration and present our humble desires to Your Majesty with all convenient speed Westminster the 20. of December 1644. Signed in the name and by warrant of the Commissioners of the Parliament of Scotland Lowdon Gray of Wark Speaker of the House of Peers pro tempore William Lenthal Speaker of the Commons House assembled in Parliament And afterwards upon the 18th of January following Sir Peter Killegrew brought this farther Answer to His Majesty May it please Your most Excellent Majesty VVE Your Majesty's humble and Loyal Subjects the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland do make our further Answer to Your Majesty's Message of the 13 th of December last 1644. concerning a Treaty for Peace as followeth We do consent that there be a Treaty for a safe and well-grounded Peace between Your Majesty and Your humble and Loyal Subjects assembled in the Parliament of both Kingdoms and for the present have appointed Algernon Earl of Northumberland Philip Earl of Pembrook and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew Edmund Prideaux for the Lords and Commons assembled in the Parliament of England at Westminster and John Earl of Lowdon Lord Chancellor of Scotland Archibald Marquefs of Argyle John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir John Smith Master Hugh Kennedy and Master Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion Who or any Ten of them there being always some of the Parliaments of both Kingdoms are appointed and authorized to meet at Vxbridge on what day Your Majesty shall be pleased to set down before the last day of this present January with such persons as Your Majesty shall appoint under Your Sign Manual for that purpose and the number of the persons to Treat not to exceed Seventeen on either part unless the persons named for the Estates of the Parliament of Scotland now not here or any of them shall come and then Your Majesty may have the like number if You please there to Treat upon the Matters contained in the Propositions we lately sent unto Your Majesty according to such Instructions as shall be given unto them and the Propositions for Religion the Militia and for Ireland to be first Treated on and agreed and the time for the Treaty upon the said Propositions for Religion the Militia and for Ireland not to exceed Twenty days And for the things mentioned in Your Message to be propounded by Your Majesty when the Persons sent by Your Majesty shall communicate the same to the Committees appointed by us as aforesaid we have directed them to send the same to us that they may receive our Instructions what to do therein And to the end that the Persons that are to be sent from Your Majesty and from us with their Retinue not exceeding the number of one hundred and eight on either part may repair to Vxbridge stay there and return at their pleasure without interruption that mutual safe Conducts be granted to the said Persons according to the several Lists of their Names Signed by Order of the Lords and Commons assembled in the Parliament of England at Westminster Signed in the name and by warrant of the Commissioners of the Kingdom of Scotland Lowdon Grey of Wark Speaker of the House of Peers pro tempore William Lenthall Speaker of the Commons House in the Parliament of England Whereunto His MAJESTY returned an Answer inclosed in a Letter from Prince Rupert to the Earl of Essex dated the 21 of January which Letter and Answer were as followeth The Letter My Lord I Am commanded by His Majesty to return this His Answer to the Message lately sent Him from the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland by Sir Peter Killegrew I have likewise sent your Lordship His Majesty's safe Conduct for the persons desired and also a List of the names of those His Majesty hath appointed to Treat for whom together with their Retinue His Majesty hath desired a safe Conduct The Answer inclosed HIS Majesty having received a Message by Sir Peter Killegrew from the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland concerning a Treaty returns this Answer That His Majesty doth very willing consent that there be a Treaty upon the Matters contained in the Propositions lately sent unto Him in such manner as is proposed and at the place appointed in the said Message and to that purpose His Majesty will send the Duke of Richmond the Marquess of Hartford the Earl of
Southampton the Earl of Kingston the Earl of Chichester the Lord Capell the Lord Seymour the Lord Hatton the Lord Culpeper Secretary Nicholas Master Chancellor of the Exchequer the Lord Chief Baron Lane Sir Orlando Bridgeman Sir Thomas Gardiner M. John Ashburnham M. Jeffrey Palmer together with Dr. Steward Clerk of His Majesty's Closet upon the Propositions concerning Religion to meet with the persons mentioned in the said Message at Vxbridge on Wednesday night the 29 th of this instant January the Treaty to begin the next day which persons or any Ten of them shall be sufficiently authorized by His Majesty to Treat and conclude on His Majesty's part And to the end that the persons aforesaid and their Retinue may repair to Vxbridge stay there and return at their pleasure without interruption or go or send during their abode there to His Majesty as often as occasion shall require His Majesty desires that a safe Conduct may accordingly be sent for the said persons and their Retinue according to a List of their names herewith sent And then also inclosed in a Letter from Prince Rupert to the Earl of Essex His Majesty sent Propositions to be Treated upon on His Majesty's part which Letter and Propositions follow My Lord I Am commanded by His Majesty to send these enclosed Propositions to your Lordship to be presented to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland to the end that there may be as little loss of time as is possible but that the same may be treated on as soon as may be thought convenient after the entry upon the Treaty His MAJESTY'S Propositions to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland for a safe and well-grounded Peace I. THAT His Majesty's own Revenue Magazines Towns Forts and Ships which have been taken or kept from Him by force be forthwith restored unto Him II. That whatsoever hath been done or published contrary to the known Laws of the Land or derogatory to His Majesty's Legal and known Power and Rights be renounced and recalled that no seed may remain for the like to spring out of for the future III. That whatsoever illegal Power hath been claimed or exercised by or over His Subjects as Imprisoning or putting to Death their Persons without Law stopping their Corpus's and imposing upon their Estates without Act of Parliament c. either by both or either House or any Committee of both or either or by any Persons appointed by any of them be disclaimed and all such persons so committed forthwith discharged IV. That as His Majesty hath always professed His readiness to that purpose so He will most chearfully consent to any good Acts to be made for the suppression of Popery and for the firmer settling of the Protestant Religion established by Law as also that a good Bill may be framed for the better preserving of the Book of Common-Prayer from scorn and violence and that another Bill may be framed for the ease of tender Consciences in such particulars as shall be agreed upon For all which His Majesty conceives the best expedient to be that a National Synod be legally called with all convenient speed V. That all such persons as upon the Treaty shall be excepted and agreed upon on either side out of the General Pardon shall be tried per Pares according to the usual course and known Law of the Land and that it be left to that either to acquit or condemn them VI. And to the intent this Treaty may not suffer interruption by any intervening Accidents that a Cessation of Arms and free Trade for all His Majesty's Subjects may be agreed upon with all possible speed Given at the Court at Oxford the 21th day of Jan. 1644. The Earl of Essex upon receipt hereof returned to Prince Rupert together with a safe Conduct this Letter of the 25. of January Sir I AM commanded by both Houses of the Parliament of England and desired by the Commissioners of the Kingdom of Scotland to desire Your Highness to let His Majesty know That they do agree that their Committees do begin the Treaty at Vxbridge on Thursday the 30 th of this January with the Persons appointed by His Majesty on the matters contained in the Propositions lately sent unto His Majesty in such manner as was proposed And their Committees shall have Instructions concerning the Propositions sent from His Majesty in your Highness Letter And you will herewith receive a safe Conduct from the Lords and Commons assembled in the Parliament of England for the Persons that are appointed by His Majesty to come to Vxbridge to Treat on the Propositions for a safe and well-grounded Peace with their Retinue in a List hereunto annexed Sir I am Your Highness humble Servant Essex Westminster 25. Jan. 1644. Thursday the 30th of January all the Commissioners named by His Majesty and Commissioners named by the two Houses of Parliament in England and the Estates of the Parliament in Scotland did meet at Uxbridge where their Commissions were mutually delivered in and read and are as followeth His MAJESTY'S Commission CHARLES R. VVHereas after several Messages sent by Us to the Lords and Commons of Parliament assembled at Westminster expressing Our desires of Peace certain Propositions were sent from them and brought unto Us at Oxford in November last by the Earl of Denbigh and others and upon our Answers Messages and Propositions to them and their Returns to Us it is now agreed That there shall be a Treaty for a safe and well grounded Peace to begin at Vxbridge on Thursday the 30 th of this instant January as by the said Propositions Answers Messages and Returns in writing may more fully appear We do therefore hereby appoint assign and constitute James Duke of Richmond and Lenox William Marquess of Hartford Thomas Earl of Southampton Henry Earl of Kingston Francis Earl of Chichester Francis Lord Seymour Arthur Lord Capell Christopher Lord Hatton John Lord Culpeper Sir Edward Nicholas Knight one of Our principal Secretaries of State Sir Edward Hyde Knight Chancellour and Under-Treasurer of Our Exchequer Sir Richard Lane chief Baron of Our said Exchequer Sir Thomas Gardiner Sir Orlando Bridgeman Mr. John Ashburnham and Mr. Jeffrey Palmer together with Doctor Richard Steward upon these Propositions concerning Religion to be Our Commissioners touching the premises and do hereby give unto them and to any Ten or more of them full power and authority to meet and on Our part to Treat with Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Bafil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Esquires Sir Henry Vane the younger Knight Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux Esquires for the Lords and Commons assembled in the Parliament of England at Westminster and
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
from His Majesty's Loyal Subjects assembled in the Parliaments of both His Kingdoms are mentioned to be 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 that a Treaty is to begin and wherein we also observe you have no Power thereby to Treat upon the Propositions sent to His Majesty from His humble and Loyal Subjects assembled in the Parliaments of both Kingdoms and the Answers Messages and Propositions sent from His Majesty to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland then at London and their Returns to His Majesty We desire those defects may be cleared and speedily amended The King's Commissioners Answer 31. January VVE conceive our Power being to Treat upon the Propositions brought by the Earl of Denbigh and others and those Propositions being sent from the Parliaments of both Kingdoms there need no mention of the Parliaments of both Kingdoms in that place but that our Power is ample to Treat with your Lordships upon the whole both by express words and by other general words in the Commission which give power to Treat upon those Propositions or any other which general words are not observed by your Lordships in your Paper and our Power is to Treat with the Lords and others authorized for the Estates of the Parliament of Scotland by name yet since you insist upon it it shall be altered by Tuesday next And in the mean time if your Lordships please we desire the Papers promised yesterday in the Paper delivered by the Earl of Northumberland may be delivered unto us that there may be as little loss of time as may be Their Reply 31. January IN Answer to your Lordships Paper concerning your power to Treat we are content to proceed in the Treaty with your Lordships in expectation that the Defects mentioned by us in our Paper shall be supplied by Tuesday next On Munday the third of February the King's Commissioners did deliver their Commission renewed as followeth CHARLES R. VVHereas certain Propositions were sent unto Us from the Lords and Commons assembled in the Parliament of England at Westminster and from the Commissioners of the Parliament of Scotland which were brought unto Us at Oxford in November last by the Earl of Denbigh and others and upon Our Answers c. as followeth verbatim in His Majesty's former Commission Touching the Manner of the Treaty The King's Commissioners Paper 31. January WE desire to the end there may be a greater freedom in debate which we conceive will much conduce to the happy conclusion of this Treaty that nothing may be understood to be concluded on either side but what is delivered in writing according as your Lordships have begun And we declare That what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off upon any other Proposition or part of any other Proposition Their Answer 31. Jan. WE shall deliver our demands and Answers in writing and desire your Lordships to do the like The King's Commissioners Reply 1. February WE desire a full Answer of our Paper that nothing shall be taken as agreed upon but what is put in writing and your Concurrence in declaring That what shall be delivered in writing upon any Proposition or upon any part of a Proposition shall not be binding or prejudicial to either Party if the Treaty break off Their further Answer 1. February ACcording to our former Paper we shall deliver our Demands and Answers in writing and we desire your Lordships to do the like and nothing shall be taken as agreed upon but what is put in writing And we shall acquaint the Houses of Parliament that you have declared what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off 3. February IN Answer to Your Lordships Paper formerly delivered we do declare that what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off upon any other Propositions or part of any Proposition Touching the Seditious Sermon The King's Commissioners Paper 31. January WE have certain Information from divers Persons present in Vxbridge Church yesterday that there was then a Sermon preached by one Mr. Love in which were many passages very Scandalous to His Majesty's Person and derogatory to His Honour stirring up the People against this Treaty and incensing them against us telling them That we come with hearts full of Blood and that there is as great distance between this Treaty and Peace as between Heaven and Hell or words to that effect with divers other Seditious passages both against His Majesty and this Treaty We know His Majesty's hearty desire of a happy and well-grounded Peace such as may be for Gods Honour and the good of all His Subjects as well as Himself and we that are entrusted by His Commission come with clear Intentions to serve Him in it according to our Consciences and the best of our Judgments And this being preached in your Quarters where we are now under safe Conduct we desire your Lordships to consider how much this may reflect upon our Safety how much it may prejudice and blast the blessed hopes of this Treaty and how just offence and distrust it may beget in His Majesty And therefore we desire Justice against the Man that he may have exemplary Punishment Their Answer 31. Jan. TO the Paper delivered in by your Lordships this day concerning the Information received of several Scandalous passages preached in a Sermon in Vxbridge Church by one Master Love we do return this Answer That the said Master Love is none of our Retinue nor came hither by any privity of ours That we conceive it most reasonable and agreeable to the business we are now upon that all just occasions of Offence on either part be avoided and as it hath been our desire so it shall be our endeavour to take the best care we can to prevent all prejudices upon the present Treaty which may blast the blessed hopes thereof or may beget any just offence and distrust in His Majesty and shall be as tender of the Safety of your Lordships Persons according to the safe Conduct as of our own We shall represent your Lordships Paper concerning this business if your Lordships so desire unto the Lords and Commons assembled in the Parliament of England who will proceed therein according to Justice The King's Commissioners Reply 1. February VVE insist upon our former desire concerning the Sermon preached by Mr. Love and must refer the way of doing Justice to your Lordships and if
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
be seasonable to give any Answer concerning the Time And we are ready to confer with your Lordships upon what shall be offered by you to our Paper concerning the Militia formerly delivered The King's Commissioners Reply 4. February VVE are of opinion that the Propositions in your Lordships Paper contain the Alterations mentioned in the Paper we lately delivered to your Lordships and take by express words or necessary consequence the whole Military and Civil Power out of the Crown which Alterations we are ready to make appear in Debate And the Alterations being so great we have reason to desire to know the limitation of Time the consideration of which makes the Propositions more or less reasonable The King's Commissioners second Paper 4. Feb. VVE desire to know who the Commissioners shall be in whose hands the Forces by Sea and Land shall be entrusted and whether you intend His Majesty shall be obliged to consent to such Persons or whether He may except against them and name others in their places of known affection to Religion and Peace Their Answer 4. February THE Commissioners in whose hands the Forces by Sea and Land shall be entrusted are to be nominated for England by both the Houses of the Parliament of England and for Scotland by the Estates of the Parliament of Scotland as is expressed in our Paper formerly delivered to your Lordships concerning the Militia The King's Commissioners Reply 4. Feb. VVE desire a full Answer to our Paper concerning the Persons to be entrusted with the Militia it being very necessary to know the Persons before consent can be given to the matter and whether His Majesty may except against any such persons and nominate others in their rooms against whom there can be no just exception The King's Commissioners third Paper 4. Feb. VVE desire to know whether your Lordships intend that the Militia of the City of London shall be independent and not subordinate to those Commissioners in whose hands the Forces by Sea and Land shall be entrusted Their Answer 4. Feb. IT appears by the Propositions concerning the Militia of the City of London that the same is to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament The King's Commissioners Reply 4. February WE desire an Answer to our Paper concerning the Militia of the City of London whether the same shall be subordinate to the Commissioners in whose hands the Forces by Sea and Land are to be intrusted your Lordships Answer that the same is to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament which yet doth not appear by the Propositions being no Answer to the Question The King's Commissioners Paper 5. Feb. HAving with great diligence perused your Lordships Paper concerning the Militia and being very desirous to come to as speedy a conclusion in that Argument as we can we will be ready to morrow to give your Lordships our full Answer which we are confident will give your Lordships satisfaction concerning the matter of the Militia of this Kingdom The King's Commissioners Paper in Answer to the Propositions concerning the Militia 6. February TO suppress any Forces that may be raised to the disturbance of the publick Peace of the Kingdom or that shall invade this Kingdom and 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 and that His Majesty and all His People may be secured from the Jealousies and Apprehensions they may have of Danger we do consent that all the Forces of the Kingdom both by Sea and Land shall be put into the hands of Persons of known faithfulness to the Religion and Peace of the Kingdom in such manner and for such time as hereafter mentioned That the number of those Persons be Twenty or if that be not accepted by your Lordships such greater or lesser number as shall be agreed upon between us and that His Majesty may name half the persons to be so entrusted and the two Houses the other half That such Forts and Towns in which Garrisons have been before these Troubles and such other as shall be agreed upon between us to be necessary for a time to be kept as Garrisons shall be entrusted likewise to persons to be chosen by the Commissioners or the major part of them to be subordinate to the said Commissioners and to receive orders from them and no others And all other places which have been fortified since the beginning of these Troubles shall be left as they were before and the Fortifications and Works slighted and demolished and all Forces with all possible expedition to be disbanded that the Kingdom may be eased of that intolerable burthen That an Act of Parliament shall be passed for the raising of such Moneys for the maintenance of the Navy and Sea-Forces as His Majesty and both Houses shall think fit That when any of the said Commissioners shall dye who was nominated by His Majesty His Majesty shall name another and when any shall dye of those named by the two Houses another shall be chosen by them and in the Intervals of Parliament by the major part of the said Commissioners named by the two Houses and neither the one nor the other to be removed but by the joynt consent of His Majesty and both Houses except it shall be desired by your Lordships that His Majesty and the two Houses respectively may remove the respective persons named by them as often as they shall see occasion to which if it shall be insisted on we shall consent These Commissioners or the major part of them or such other number of them as shall be aggreed upon shall have Power by Act of Parliament to suppress any Forces raised sitting a Parliament without the joynt consent of His Majesty and both Houses of Parliament or in the Intervals of Parliament without consent of the said Commissioners or the major part of them to the disturbance of the publick Peace of the Kingdom and to suppress any Forces that shall invade the Kingdom And it shall be high Treason in any who shall levy any Forces without such Authority or consent to the disturbance of the publick Peace That they shall have like Power 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 And if any Forces shall be brought into the Kingdom without the joynt Consent of the King and the two Houses of Parliament it shall be lawful for any four of the said Commissioners to levy Forces for the supppressing resisting and destroying of the said Forces so brought in We are content that this Power to such Persons shall continue for the space of three years which we doubt not but by the blessing of God will be abundantly sufficient to secure all Persons from their Doubts and Fears and in which
upon the other and the one upon the Government of the other and concerning some other Passages having relation to the Militia Which would be intricate if they should be set down in the order of time as they were delivered And because sometimes divers Papers were delivered together therefore they are here placed according to their distinct matters And first touching the Nomination of Persons and Limitation of the Time The King's Commissioners delivered in this Paper 14. Feb. IF your Lordships are not satisfied with the Papers delivered to your Lordships by us on the 6 th of February concerning the Militia as far as the same concerns this Kingdom we desire according to your Lordships offer in your first and second Paper delivered to us the sixth of February that your Lordships will satisfie us of the Reasonableness of your Demands and that the nominating of the Persons ought to be by the two Houses only and that the time ought not to be limited Their Answer 14. Feb. BY your Lordships Paper received this day we apprehend your desire to proceed in the Treaty upon the Propositions for the Militia as far as the same concerns this Kingdom without any mention of the Kingdom of Scotland In Answer whereunto we refer your Lordships to a former Paper of the 6 th of February instant whereby we desired your full and clear Answer to our Propositions for the Militia of both Kingdoms in order as we have delivered them and as they do relate to both Kingdoms and that we could not Treat upon your Lordships Answer which divides them We still insist on that Paper and when your Lordships shall be pleased to give an Answer thereunto we shall be ready to clear any Doubts which may remain with your Lordships The Kings Commissioners Reply 14. February WE do desire to proceed in the Treaty upon the Propositions for the Militia as the same concerns both Kingdoms joyntly as well as either of them severally neither is the contrary expressed as we conceive in the Paper delivered by us to your Lordships this day But we cannot reasonably answer to them as they concern one or both Kingdoms before we receive satisfaction from your Lordships of the Reasonableness of your Demands which your Lordships were pleased to promise us by two of your Papers of the sixth of February and which we again desire of your Lordships concerning the Persons and the Time conceiving it unreasonable that all the Persons shall be nominated only by the Houses and that the Time should be unlimited Their Answer 15. Feb. VVE have formerly desired your Lordships Answer to the Propositions for the Militia in order as we delivered them and as they do relate to both Kingdoms and not to give any Answer which shall divide them Yet we observe in the matter of your Lordships third Paper yesterday received that you desire satisfaction in the particulars there mentioned as the same concern the Kingdom of England only in pursuance of a former Paper given in by your Lordships the 6 th of February We therefore again desire as formerly that such Answer as your Lordships shall think fit to make to our Propositions concerning the Militia may be applyed to both Kingdoms joyntly and then we shall be ready by Conference to clear any Objections which your Lordships shall make against the Reasonableness of our Demands The King's Commissioners Paper 15 February WE desire that your Lordships will satisfie us of the Reasonableness of your Demands concerning the settling the Militia of both Kingdoms and that the nominating of the Persons ought to be by the two Houses of Parliament and the like for the Kingdom of Scotland and that the Time ought not to be limited Their Paper 15. February YOUR Lordships Demand in your 4. Paper being made concerning the Militia of both Kingdoms we are ready upon Conference to give satisfaction to what your Lordships shall object against the nominating of the Commissioners by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively or against the Time for which the Militia is demanded in the Propositions After some time spent in Conference for Limiting the Time wherein the Debate was touching the unreasonableness of the Demand for taking from the King the Power of the Militia and settling it in Commissioners to be nominated by the two Houses not limited to any Time the Kings Commissioners gave in this Paper 15. Feb. WE desire to know whether your Lordships can by your Instructions consent to a limitation of Time in the settling the Militia or whether you must insist that the Time be unlimited Their Answer 17. Feb. IN Answer to your sixth Paper of the 15 th of this instant concerning the limitation of time in the settling of the Militia we do insist That the Time be unlimited according to our former Demands The King's Commissioners Reply 17. February AFter so long Debate between us concerning the limitation of Time in the settling of the Militia in which we conceived your Lordships had been satisfied that as it is no way necessary for the security of the observation and performance of the present Agreement that the Time should be unlimited so in respect of other considerations it may be very mischievous that it should be unlimited we had great reason to desire to know whether your Lordships had any power by your Instructions to consent to a limitation of Time and are sorry that your Lordships will not give us an Answer to that Question that thereupon we might have endeavoured to have given your Lordships other satisfaction than by not knowing your power therein we are enabled to do Their Paper 17. Feb. WE conceived that after so long a Debate between us your Lordships would have been satisfied that it was most fit concerning the settling the Militia for the Time to be unlimited as we have formerly desired and which by our Instructions we are to insist upon They also delivered in this Paper 17. Feb. WE desire a full and clear Answer to what we have delivered to your Lordships concerning the Militia and to know whether your Lordships be limited by any Instructions or Directions what to grant or deny in the same and that we may have a sight of such Instructions or Directions Their Answer 17. Feb. VVE do herewith deliver to your Lordships such a full and clear Answer to your Propositions concerning the Militia as we hope will give your Lordships satisfaction being such as upon the Conference and Information we have received from your Lordships seems to us to be most reasonable It appeareth by our Commission whereof your Lordships have a Copy that it hath not any reference to any Instructions It is true that as we have according to our Duty from time to time acquainted His Majesty with our proceedings so in some particular cases we have desired to be assisted with His Majesty's Opinion but what Answers we
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
already settled by the Laws of that Kingdom Their Answer thereunto 15. February TO your Lordships fourth Paper of the 14. of Feb. it is answered that by our Propositions for settling the Admiralty of Scotland by Act of Parliament it is intended that the Admiralty and Forces at Sea c. shall be settled in such manner as the Estates of Parliament there shall think fittest for the safety and security of that Kingdom And as touching the inheritance of any person which is already settled by the Laws of that Kingdom the Estates of Parliament will do that which is agreeable to Justice The King's Commissioners Paper 15. February VVE desire to know whether the Papers delivered to us touching the Militia contain all your Lordships Propositions touching the Militia of England and Scotland and if they do not that your Lordships will deliver the rest that we may make our Answers upon the whole Their Answer 15. Feb. VVHatsoever is contained in the Propositions concerning the Militia of England and Scotland is delivered in to your Lordships except the 23. Proposition and the last Article in the 26. Proposition which are reserved for their proper place After all these passages the King's Commissioners delivered in this Paper in further Answer to their Propositions concerning the Militia 17. Feb. VVE had no purpose in our Answer delivered by us to your Lordships on the sixth day of February to divide our Answers concerning the Militia of the two Kingdoms otherwise than in point of time and till we might receive satisfaction from your Lordships concerning the Powers to be given to the Commissioners of both Kingdoms and the other particulars mentioned in our Papers since delivered to your Lordships wherein we are not as yet satisfied by any Papers delivered by your Lordships to us Our further Answer to those Propositions concerning the Militia is That we are willing and do agree that the like course shall be taken and observed touching the Militia of the Kingdom of Scotland as is offered in our said Paper of the sixth of February and as shall be hereafter agreed on for the Kingdom of England which we conceive to be a full security for the performance and observation of all Articles which shall be agreed upon between us in order to a blessed Peace which we are so desirous may be punctually and exactly observed that we are willing that His Majesty be desired to take a most solemn strict Oath for the full observation thereof and likewise that all persons of any immediate trust by office or attendance on His Majesty and any other whom you shall think fit shall take such Oath for the due observance of the same with such reasonable Penalties as shall be proposed by your Lordships and agreed to by us in which we believe we shall not differ with your Lordships being willing that whosoever shall in the least degree infringe the Agreement which shall be made between us may be looked upon and accounted as most pernicious Enemies to King and Kingdoms And if it shall be thought necessary to make any additional settlement of the Militia with a general reference to the good of the Kingdoms respectively we desire the same may be done after the Peace established by the joynt consent of His Majesty and the two Houses of Parliament in England and His Majesty and the Estates of the Parliament of Scotland respectively And as we shall desire and endeavour to remove all occasions that may interrupt the Peace and Tranquillity of that Kingdom and a perfect Amity with them and shall not desire any change of or to intermeddle in their Laws or Government or give them cause to apprehend any disturbance or violation of them from this Kingdom so are we obliged with all tenderness to preserve the Honour Dignity and Constitution of this Realm And therefore as we are yet satisfied we cannot consent that any Persons authorized by the Estates of the Parliament of Scotland or any advice from thence shall have any influence upon the Militia of this Kingdom or further interpose in the affairs of this Kingdom than is already provided by the Act of Pacification And we offer to your Lordships considerations whether unless there could be an union of the Laws of both Kingdoms such a mixture of Power as is now proposed and the influence thereof both upon Martial and Civil affairs may not prove very inconvenient and prejudicial to both Kingdoms and give cause of Jealousies to each other to the disturbance of that mutual Amity so much desired But if this intermingling of Power in both Kingdoms shall be further insisted on by your Lordships we propound that the same may be settled as after a Peace established shall be agreed by the joynt consent of His Majesty and both Houses of Parliament of England and of His Majesty and the Estates of the Parliament of Scotland and if your Lordships shall insist on any thing further for necessary Security we shall apply our selves to the consideration thereof if we shall have further time so to do according to our desires grounded upon His Majesty's Letter Their Paper 17. Feb. WE do conceive that we have in our former Papers punctually satisfied your Lordships in all you desired to know concerning the Powers of the Commissioners of both Kingdoms and the other particulars mentioned by your Lordships And what your Lordships now offer concerning the Militia of the Kingdom of Scotland that the like course shall be taken in it as is expressed in your Lordships Paper of the 6 th of Feb. to be observed for the Militia of this Kingdom your Lordships may remember that in our Answer to that Paper we told your Lordships it was differing from what we had proposed and unsatisfactory to our just and necessary desires for securing the Peace of the Kingdoms and it cannot be expected that what was so then for the Kingdom of England should now be thought other for the Kingdom of Scotland And though both Kingdoms be now united in the same Cause and labouring under the same Dangers and therefore necessitated to a mutual and reciprocal Assistance of each other had proposed a joynt remedy and security by that Commission desired in our 17 th Proposition we find your Lordships say that as yet you are satisfied you cannot consent unto it To which we answer That we believed we had given your Lordships such convincing Reasons as might have satisfied you and we doubt not but they may if you will recollect your memories concerning them and rightly weight them This being the last day we are to Treat upon this Subject it cannot be expected and as we conceive it is altogether needless to use any more Arguments we do therefore desire your Lordships will be pleased now at the last to give us your full and positive Answer to our Demands as we have often already pressed your Lordships And whereas your Lordships do propound that if we shall further insist upon the
uniting of the Powers of both Kingdoms it may be done after the Peace establisht we desire your Lordships to consider that it is demanded by us in order to a Peace and a chief and most necessary means for the attaining and establishing of it And we further observe that your Lordships have given us no Answer at all to our 15 th Proposition which we do likewise insist upon and desire your Answer The King's Commissioners Answer 17. February IF your Lordships had punctually or in any degree satisfied us in what we desired to know concerning the Powers of the Commissioners of both Kingdoms and the other particulars mentioned by us we had not troubled your Lordships with so many Questions to most of which we could receive no other Answers than the referring us to the Propositions themselves upon which we grounded our Questions And we conceive that your Lordships Propositions upon the Militia upon which you still insist have in truth appeared upon Debate to be most unreasonable in many particulars As that the Persons to be entrusted with the Militia should be nominated only by the two Houses and that His Majesty who is equally to be secured that the Peace should not be broken should name none that the Power given to the Commissioners shall be framed and altered as occasion serves by the two Houses only and that His Majesty who is so much concerned therein shall have no Negative Voice as to such Powers but is absolutely excluded and that the Time should be unlimited so that His Majesty for Himself and His Posterity should for ever part with their peculiar Regal Power of being able to resist their Enemies or protect their good Subjects and with that undoubted and never-denied Right of the Crown to make War and Peace and in no time to come His Majesty or His Posterity should have power to assist their Allies with any supplies of Men though Voluntiers or ever more to have any Jurisdiction over Their own Navy or Fleet at Sea and so consequently must lose all estimation and confidence with Foreign Princes And many other expressions in the said Propositions do either signifie what we find your Lordships do not expect or intend or at least are so doubtful that the clear sense thereof is not evident to all understandings As by the literal sense of your Propositions neither the Sheriffs of Counties nor Justices of Peace and other Legal Ministers may raise Forces by the Posse Comitatus or otherwise to suppress Riots and remove forcible Entries or to perform the other necessary Duties of their places without out being liable to the interpretation of the Commissioners for the Militia that such Forces are raised or Actions done for the disturbance of the publick Peace as likewise all Civil Actions and Differences may be comprehended within those Propositions to be tryed before the said Commissioners neither of which we believe your Lordships intend should be And therefore we have in our Answers proposed what we thought would be agreeable to the matter and end of those Propositions that is a reasonable and full Security for the observation of the Articles of the Treaty which according to what we have offered cannot be broken on either part without evident prejudice and danger to that part which shall endeavour the breaking thereof and that the memory of these unhappy Distractions may be forgotten as soon as may be that the time of this settlement may be limited to three years which by the blessing of God will be sufficient to beget a good understanding between His Majesty and all His People and that the Fifteenth Proposition and all the other parts of your Lordships Propositions being not at all necessary to the present Union and Reconciliation may be deferred till after the Peace established to be settled by His Majesty and the two Houses of Parliament in England and His Majesty and the Estates of the Parliament in Scotland respectively But if your Lordships shall not think this way of nomination of Persons to be Commissioners or the other proposed likewise by us in our Paper of the sixth of February for the agreement of the Commissioners between your Lordships and us to be equal we shall gladly receive any more equal way from your Lordships since it is apparent that that already proposed by your Lordships and which you insist upon in terminis is not fit to be consented to for the Quiet and Peace of the Kingdom presuming that you will think the Security ought to be mutual as the Fears and Jealousies are mutual And we are most confident that His Majesty so much desires to give all reasonable and fit security on His part that the Agreement and Peace to be now made shall be inviolably observed That as He will name no Man for this great Trust against whom there can be just Exception if the Persons are named equally between Him and you so if the whole nomination were left to Him He would pitch only upon such as both Kingdoms might have great cause to confide in and we believe might give full satisfaction to your Lordships And therefore we hope your Lordships will believe that the Reason we consent not to your Propositions is because we conceive them destructive to the End for which they are proposed Justice Peace and Unity and not that we deny to consent to any reasonable Security for observance of the Agreement to be made of which we will always be most tender with regard to all persons concerned This was the last Paper delivered in the last of the six Days touching the Militia but that being taken up again in some part of the two last days of the Treaty as those of Religion and Ireland also were their Commissioners upon the breaking up of the Treaty about two of the clock in the Morning after the 22. of February gave in a Paper intended for an Answer to this Paper which nevertheless relates to the Paper here next following delivered by them the 21 st of February mentioning a limitation of time for seven years and for that cause is herein set down after that Paper and as their last of that Subject And the Papers upon that Subject delivered in the mean time in the two last days are these following Their Paper 21. Feb. VVHereas your Lordships have in several Papers much insisted That the Commissioners mentioned in the 17 th Proposition should be for a limited Time that your Lordships might better give a full Answer to our desires concerning the Militia though we conceive the Reasons we have given might have satisfied your Lordships for the Time to be unlimited yet to manifest our earnest desires of Peace we propose to your Lordships the Time for the said Commissioners to be for seven years from the time of the passing the Act for the Militia and that after the expiration of such term the Militia of the Kingdom to be setled and exercised in such manner as shall be agreed upon by
His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively and not otherwise At the same time the Scotch Commissioners from themselves apart delivered in this Paper signed by their own Secretary only all the other Papers being signed by two Secretaries for the English and Scotch Commissioners 21. Feb. VVE the Commissioners of the Parliament of Scotland do declare that our Consent to the Paper given in this day concerning the limitation of the Power of the Militia in Commissioners according to the 17 th Proposition to continue for seven years from the time of the passing of the Act for the Militia and after the expiration of that term to be settled in such manner as shall be agreed upon by His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively and not otherwise is to be understood as followeth That we will represent the same to the Estates of the Parliament of Scotland or their Committees to which we are confident they will assent as that which is conceived to conduce to a happy Agreement and settling of a firm and blessed Peace The King's Commissioners Answer 22. Feb. VVE have hitherto conceived that this Treaty hath been betwixt us that are appointed Commissioners by His Majesty and your Lordships the Commissioners from the two Houses of the Parliament of England and your Lordships the Commissioners of the Parliament of Scotland joyntly and not severally But finding that your Lordships the Commissioners of the Parliament of Scotland have delivered to us a distinct Paper signed only by your Secretary of the twentieth of Feb. concerning the Militia and that not concurring with the other joynt Paper delivered and subscribed by both your Secretaries upon that Subject that day we desire to know whether the Commissioners of the Parliament of Scotland have a negative voice or have not power to conclude without farther power to be granted from the Estates of the Parliament of Scotland and expect in this Treaty to be severally Treated with And after your Lordships Answer to this Paper we shall be able to give your Lordships a farther Answer to your joynt Paper of the 20 th of February Their paper 122. Feb. THE Treaty is betwixt us that are the Commissioners of the Parliaments of both Kingdoms joyntly and not severally and your Lordships the Commissioners from His Majesty and the Commissioners of the Parliament of Scotland did joyn with the Committees of the two Houses of the Parliament of England in giving in the other joynt Paper concerning the Militia delivered yesterday subscribed by both Secretaries But seeing it contains an alteration limiting the time to seven years which in the former Propositions agreed to by both Parliaments is indefinite they did declare that they are confident the Parliament of Scotland will assent thereto and they have shewed your Lordships sufficient Power to conclude any thing by them agreed unto The King's Commissioners Paper 22. Feb. WE cannot rest satisfied with your Lordships Answer to our Paper delivered to you this day concerning your Lordships the Commissioners of the Parliament of Scotland it being indeed but a repetition of your Lordships Paper and no Answer to ours thereupon and it being very necessary for us to know whether the Commissioners of the Parliament of Scotland have a negative voice and whether they have not power to conclude without farther powers to be granted from the Estates of the Parliament of Scotland Upon the Answer to which we must the rather insist because your Lordships last Paper gives the reason of the distinct Paper delivered to us from the Commissioners of the Parliament of Scotland to be because the limitation of Time now offered differs from the Propositions agreed on by both Parliaments in which the Time is indefinite which seems to us to intimate that your Lordships who are the Commissioners from the Parliament of Scotland have not power to consent to any alteration from the said Proposition without first acquainting the Parliament of Scotland although the other joynt Paper delivered upon that Subject be signed by both your Secretaries and thereby it is evident that it much concerns us to know whether the said Commissioners have a negative voice in this Treaty For the matter of your Lordships Paper concerning the limitation of time for the Militia to seven years it is not possible by reason of this shortness of time for the Treaty it being ten of the clock this night when your Paper was delivered to give your Lordships a full Answer it being necessary for us to receive satisfaction from your Lordships in writing or by Conference whether by the words and not otherwise your Lordships intend that after the expiration of the time limited His Majesty shall not exercise the Legal Power which He now hath over the Militia before the same be agreed upon by His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively For which resolution and debate we heartily wish the time were sufficient being very willing to give your Lordships all reasonable satisfaction And therefore we do propose to your Lordships that if the Treaty may not now continue it may be adjourned for such time as you shall think fit and not totally dissolved but again resumed which we propose as the best Expedient now left us for the procuring of a blessed Peace and by it the preservation of this now miserable Kingdom from utter Ruine and Desolation After this about two of the clock the next morning they gave this Paper following which is here mentioned to be delivered upon their breaking up the Treaty and intended for an Answer to the Paper of the 17. of February n o 129. Their Paper 22. Feb. VVE conceive if your Lordships would weigh our Demands concerning the Power of the Commissioners of both Kingdoms you will be satisfied with our Answers to your several Questions Where any Doubts were of the expressions we did explain them and where the Propositions were so clear as they could bear no doubtful sense we did refer your Lordships to the Propositions themselves And we conceive our Demands concerning the Militia to be most reasonable and all Objections made against them to be by us removed And why your Lordships should insist that the Commissioners should not be nominated by the two Houses only and His Majesty who is to be equally secured should name none we much marvel at when you may well consider this Power was not to be exercised by the Commissioners until a Peace had been concluded upon this Treaty and then His Majesty had been fully secured by the Laws of the Kingdom and by the Duties and Affections of His Subjects neither could the Commissioners do any thing in violation of the Peace to the prejudice of His Majesty contrary to
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
refused to consent to the Bill presented to His Majesty after this for the levying more Money for Ireland justly fearing that the same might be used as the former had been And for the few Cloaths for there were no Moneys intercepted by his Majesties Souldiers in His Majesties Quarters which are said to be intended for Ireland the same were intercepted near Coventry and going thither after that City had refused to receive His Majesty though at the Gates But His Majesty never refused to give any safe Pass through His Quarters for any Goods or Provisions which were intended or prepared for Ireland neither was the same ever desired For the Extracts and Copies of the Letters delivered by us to your Lordships from the Lords Justices and Council of Ireland and the Officers of the Army we have been and are willing that your Lordships should compare them with the Originals but for your having the Names of the Persons who writ the same since there can be no doubt of the truth of our Assertions we conceive it not reasonable to desire the same not knowing what inconvenience any of them since you seem not to like that Advice might incur if at any time they should be found within your Quarters And having now satisfied your Lordships in the matter of the Cessation we shall gladly proceed in the Treaty with your Lordships upon any thing that may be apparently good for His Majesties Protestant Subjects there and the re-setling of that Kingdom in His Majesties Obedience Their Reply 18. Feb. WE do conceive that the Arguments used by us might have fully satisfied your Lordships against His Majesties Power to make a Cessation with the Rebels in Ireland having answered whatsoever your Lordships have hitherto alledged to the contrary and offered if any other Doubts yet remain by Conference to clear them which still we are ready to do and we have heard nothing just or reasonable for that Cessation It will be made evident that the Necessities which by your Lordships were made Excuses for the Cessation were created on purpose to colour the same and we are compelled by your Lordships Paper to let you know that the Committees of Parliament sent into Ireland to endeavour to supply their Necessities were discountenanced by the principal Instruments for that Cessation and when they had taken up 2000 l. upon their personal security for the Army there they were presently after commanded from the Council by a Letter brought thither from His Majesty by the Lord Ormond's Secretary and when the Officers of the Army were contented to subscribe for Land in satisfaction of their Arrears it was declared from His Majesty that He disapproved of such Subscriptions whereby that course was diverted And we do affirm that whatever Sums of money raised for Ireland were made use of by both Houses of Parliament were fully satisfied with advantage and as we are informed before the Bill mentioned in our former Paper was refused by His Majesty And for the Regiments of Horse and Foot mentioned by your Lordships to be raised for Ireland and imployed otherwise by the Houses of Parliament it is true that Forces were so designed and when the Money Arms and other Provisions were all ready and nothing wanting but a Commission from His Majesty for the Lord Wharton who was to command them the same could not be obtained which was the cause those Forces did not go thither and when twelve Ships and six Pinnaces were prepared with a thousand or more Land-Forces for the Service of Ireland and nothing desired but a Commission from His Majesty the Ships lying ready and staying for the same were three Weeks together at three hundred Pound a day charge yet the same was denyed though often desired And where your Lordships seem to imply that the Provision seized by His Majesties Forces were going for Coventry it was made known to His Majesty that the same were for Ireland And your Lordships must needs conceive that the Papers you delivered to us being but Extracts and for that you deny us so to compare them with the Originals as to have the Names of the Persons by whom they were written it is altogether unreasonable for us to give any credit to them it being manifest by this and our former Papers and Debates that the Cessation with the Rebels in Ireland is both unjust and unlawful We therefore insist on our Demands concerning Ireland as apparently good for His Majesties Subjects there and for reducing that Kingdom to His Majesties Obedience Before His Majesties Commissioners gave Answer to this last Paper they being also to answer the rest of the Demands concerning Ireland for their necessary Information touching some Doubts that did arise upon those Demands and the Articles of the Treaty of the 6 th of August concerning Ireland and Ordinances delivered with them the King's Commissioners gave in these several Papers The King's Commissioners First Paper 19. Feb. IN the eighth Article of the Treaty for the coming of the Scots Army into England dated 29. Novemb. 1643. at Edenburgh delivered to us by your Lordships among the Papers for Ireland and desired by the twelfth Proposition to be confirmed by Act of Parliament It is agreed that no Cessation nor any Pacification or Agreement for Peace whatsoever shall be made by either Kingdom without the mutual advice and consent of both Kingdoms or the Committees in that behalf appointed who are to have full power for the same in case the Houses of the Parliament of England or the Parliament or Convention of Estates in Scotland shall not sit We desire to know whether that Article extend to any Cessation Pacification or Agreement in Ireland Their Answer 19. Feb. WE did in Answer to your Lordships Paper of the first of February upon the Propositions concerning Religion deliver the Treaty of the 29. of November 1643. mentioned by your Lordships and not among the Papers for Ireland to which it hath no relation The King's Commissioners Reply 20. Feb. YOur Lordships did deliver the Treaty of the 29. of November 1643. to us with the Papers concerning Ireland and on the 7. day of this instant February and not upon the first of February upon the Propositions concerning Religion Their Answer 20. Feb. WHen your Lordships peruse your Papers you will rest satisfied with our Answer of the 19. of this instant to your first Paper that day given to us for it will appear appear by your Lordships third Paper of the first of February and our Paper given to your Lordships in answer of it that the Treaty of the date at Edenburgh 29. Novemb. 1643. was delivered to your Lordships on the first of February upon the Proposition of Religion and not upon the third of February with the Papers concerning Ireland The Article of the Treaty of the 29. of November 1643. which occasioned these Papers being by their Papers thus acknowledged not to concern Ireland and so not pertinent to that Subject the Kings
Commissioners insisted no farther The Kings Commissioners Second Paper 19. Feb. BY the thirteenth Proposition it is demanded that an Act be passed to settle the Prosecution of the War of Ireland in both Houses of Parliament of England to be managed by the joynt advices of both Kingdoms We desire to know whether if the two Kingdoms shall not agree in their advice touching that War each have a negative Voice or whether the Scots Commander in chief of the Forces in Ireland may manage that War in such case according to his own discretion Their Answer 19. Feb. IN Answer to your Lordships second Paper the Prosecution of the War of Ireland is to be setled in the two Houses of the Parliament of England but is to be managed by a joynt Committee of both Kingdoms wherein the Committee of each Kingdom hath a negative Voice but in case of disagreement the Houses of Parliament of England may prosecute the War as they shall think fit observing the Treaty of the sixth of August 1642. between the two Houses and the Estates of the Parliament of Scotland and the Ordinance of the 11. of April 1644. delivered to your Lordships formerly The Kings Commissioners Third Paper 19. Feb. BY the twentieth Proposition in the Intervals of Parliament the Commissioners for the Militia have power to nominate the Lord Deputy of Ireland and other Officers and Judges there We desire to know whether that Power be limited to the Commissioners of both Kingdoms or only to the Commissioners for England and whether in such cases the Commissioners of Scotland shall vote as single Persons Their Answer 19. Feb. THe power of the Commissioners in the Intervals of Parliament to nominate the Lord Deputy of Ireland and other Officers and Judges there mentioned in the twentieth Proposition being no matters of joynt concernment is to be limited to the Commissioners of the Parliament of England wherein the Commissioners of Scotland are to vote as single Persons The Kings Commissioners Fourth Paper 19. Feb. THe Articles of the Treaty of the sixth of August giving Power to the Lieutenant of Ireland when the Scotish Army shall be joyned with his Army to give Instructions to the Scotish Commander in chief and the Orders of the two Houses of the 9. of March 1644. and the 11. of April 1644. appointing the General of the Scotish Forces in Ireland to command in chief over all the Forces as well British as Scots and both being desired to be Enacted we desire to know whether the Lieutenant of Ireland shall command the Scots Forces or whether the Scotish General shall command all Forces both British and Scots Their Answer 19. Feb. IN Answer to your Lordships fourth Paper we say that the Ordinances of the 9. of March and 11. of April 1644. were made when there was no Lieutenant of Ireland and when a Lieutenant shall be made with the Approbation of both Houses according to our former Demands in the seventeenth and twentieth Propositions it will be a fitting time to give further Answer to your Lordships The Kings Commissioners Reply 20. Feb. VVE desire a full Answer from your Lordships to our fourth Paper delivered to your Lordships yesterday concerning the Power of the Lord Lieutenant of Ireland and the General of the Scots Forces your Lordships having proposed to us that the Articles of the Treaty and the Ordinance of the 11. of April be enacted by His Majesty by one of which the General of the Scots Forces is to receive Instructions for the managing the War there from the Lieutenant of Ireland and by the other which is the later the General of the Scots Forces is to command in chief both the British and Scots Forces by which it seems the Lievtenant of that Kingdom is to have no Power in the prosecution of that War Their Answer 20. Feb. WE do insist upon our former Papers that the prosecution of the War in Ireland is to be settled in both Houses of Parliament and is to be managed by the joynt advice of both Kingdoms as in those Papers is set down and when a Lievtenant of Ireland shall be appointed as is expressed in the Propositions and it shall be necessary for the good of the service that he and the Commander in chief of the Scotish Army joyn the Commander of the Scotish Army shall receive Instructions from the Lord Lievtenant or Deputy or other who shall have the chief Government of the Kingdom for the time according to the Orders which shall be given by the Commissioners of both Kingdoms The King's Commissioners fifth Paper 19. February THe last part of the seventeenth Proposition gives power to the Commissioners for the Militia of both Kingdoms as a joynt Committee to order the War of Ireland according to the Ordinance of the 11. of April and to order the Militia and conserve the Peace of the Kingdom of Ireland and by that of the 11. of April the Earl of Leven being appointed Commander in chief over all the Forces as well British as Scots we desire to know whether he shall be subordinate to those Commissioners for the Militia and be obliged to observe such Orders as he shall receive from them Their Answer 19. Feb. THe Commissioners of the Militia desired by the seventeenth Proposition are to order the War of Ireland according to the Ordinance of the 11. of April and the Earl of Leven being by that Ordinance Commander in chief of the Forces there is obliged to observe such Orders as he shall receive from those Commissioners Their Commissioners likewise the same 19. of Feb. delivered in some Papers of Demands on their part Their Answer 19. Feb. WE desire that no Cessation of Arms or Peace in Ireland may be Treated upon or concluded without consent of both Houses of Parliament of England Another 19. Feb. WE desire to know whether any Peace or Cessation of Arms in Ireland be consented unto by His Majesty and for what time and whether any Commission be now on foot or other Authority given by His Majesty for that purpose The King's Commissioners Answer to both 20. February TO your Lordships sixth and seventh Papers delivered to us yesterday concerning any Peace or Cessation of Arms in Ireland your Lordships well know that long after the War begun in this Kingdom and the want of a Supply from hence that a Cessation hath been made with His Majesties consent and we conceive that the same expires in March next and we are confident there is no Peace made there But for the making a Peace or a farther Cessation we can give no farther Answer till we may know whether there may be a blessed Peace made in England since if the miserable Civil Wars shall continue in this Kingdom we cannot conceive it possible for His Majesty by Force to reduce the Kingdom of Ireland or to preserve His Protestant Subjects there without a Peace or Cessation Their Reply 20. Febr. WE conceive your Lordships have given
your Lordships having proposed many important things in the said several particulars to be framed settled and disposed by the Two Houses before a full Agreement can be established we propose to your Lordships whether the two days remaining may not be best spent towards the satisfying your Lordships in those three Propositions and the procuring a speedy blessed Peace upon finding out some expedient for His Majesties repair to Westminster that so all Differences may be composed and this poor Kingdom be restored to its ancient Happiness and Security and to that purpose if your Lordships shall think fit we are willing to Treat with your Lordships concerning the best means whereby all Armies being first disbanded His Majesty may with Honour Freedom and Safety be present with his two Houses of Parliament at Westminster To which two particulars that is first concerning the Disbanding all Armies and then for His Majesties speedy repair and residing at Westminster with Honour Freedom and Safety we shall if your Lordships think fit apply our selves and accordingly to morrow will be ready to deliver to your Lordships some Propositions upon that Subject And if your Lordships shall concur with us herein we hope it will be a good inducement to procure an addition of time to this Treaty according to His Majesties Proposition in his late Letter to us which we delivered to your Lordships Their Paper 20. Feb. VVE shall according to mutual agreement between His Majesty and the two Houses of the Parliament of England and the Commissioners for the Parliament of Scotland Treat these two remaining days upon the three Propositions for Religion the Militia and Ireland and shall be glad to receive satisfaction in them from your Lordships as the best expedient for procuring a speedy and blessed Peace that the Armies may be disbanded and the Happiness of His Majesties Presence may again be enjoyed by those who have nothing more in their Prayers and endeavours then by His Majesties Conjunction with his Parliament to see all these sad Differences composed and these distracted Kingdoms restored to thein Ancient Happiness and Security Accordingly we shall be ready to begin again to morrow upon the Propositions for Religion and receive what your Lordships will propose and being satisfied upon that and the other two Propositions we are confident we shall have further time given us to Treat upon such other particulars as shall be necessary for the attaining of those ends we all desire There was no other Answer given concerning His Majesties Commissioners desire to Treat touching His Return to Westminster and Disbanding Armies whereupon His Majesties Commissioners delivered this Paper 20. February VVE conceive that the Reasons why your Lordships do not give us any Answer to our Paper concerning the Treating for the Disbanding all Armies and for His Majesties coming to Westminster may be because you have no Authority by your Instructions so to do though we proposed the same to your Lordships and do still conceive it most conducing to the conclusion of the Propositions upon Religion the Militia and Ireland upon which we have Treated and we therefore desire your Lordships that you will endeavour to have your Instructions so enlarged that we may Treat upon so important and necessary an Expedient for the publick Peace In the mean time we shall be ready to receive whatsoever your Lordships please to propose in the business of Religion presuming that if your Lordships are not satisfied with our Answer therein in which we have applied Remedies to whatsoever hath ever been complained of as a Grievance in the present Government of the Church that your Lordships will make it appear that the Government by Bishops is unlawful or that the Government you intend to introduce in the room thereof is the only Government that is agreeable to the Word of God either of which being made evident to us we shall immediately give your Lordships full satisfaction in that you propose The King's Commissioners Paper 22. Feb. BY our Paper delivered to your Lordships 1. February we did desire to know whether your Lordships have any Instructions concerning his Majesties Propositions for settling a safe and well grounded Peace and by our Paper of the third of Feb. we did desire to know whether your Lordships had received any Instructions concerning that Proposition of His Majesties for a Cessation and if your Lordships had not received any that you would endeavour to procure authority to Treat thereupon and by our Paper of the Tenth of Feb. we did desire to know whether your Lordships had received any Instructions concerning His Majesties Propositions that we might prepare our selves to treat upon them when your Lordships should think fit and by our Paper delivered to your Lordships 14. Feb. we moved your Lordships upon Directions received from his Majesty that you would endeavour to procure an addition of time for this Treaty after the expiration of the days limited for the same upon the Reasons mentioned in his Majesties Letter which Letter we then delivered to your Lordships and by our Paper delivered to your Lordships the twentieth of this Month we moved your Lordships to endeavour an addition of time for this Treaty after the expiration of the days limited for the same upon the Reasons mentioned in his Majesties said Letter to which we have not yet received full Answer nor have we yet had any notice from your Lordships whether the Two Houses of Parliament have given any further time for this Treaty and having hitherto according to the order prescribed us Treated only upon the three first heads of Religion the Militia and Ireland and the Twenty days expiring this day we again desire to know whether there is any addition of time granted for this Treaty our Safe-Conduct being but for two days longer Their Answer 22. Feb. YOur Lordships Papers of the first third and tenth of February whether we had any Instructions concerning his Majesties Propositions and power to Treat for a Cessation as also your Papers of the 14 th and 20 th of Feb. concerning his Majesties Letter for an addition of time to this Treaty with your Lordships desire thereupon have been by us sent up to both Houses of Parliament from time to time as we received them together with our Answer given to them and in our Answers we have from time to time declared to your Lordships that when the Houses shall be satisfied in the good progress of the Treaty upon their Propositions concerning Religion Militia and Ireland they will give an addition of time for the Treaty And we do conceive that if your Lordships Answers to our Demands concerning Religion the Militia and Ireland had been such as to have given satisfaction in the good progress of this Treaty mutually consented to for twenty days upon the said Propositions we should have before this been enabled with power to continue the Treaty as well upon his Majesties as the rest of the Propositions But your Lordships having
both Houses of the Parliament of England having Power and Commission from the said Honourable Houses and the Commissioners of the Convention of the Estates of the Kingdom of Scotland authorized by the Committee of the said Estates concerning the solemn League and Covenant and the Assistance demanded in pursuance of the Ends expressed in the same WHereas the two Houses of the Parliament of England out of a just and deep sense of the great and iminent Danger of the true Protestant Religion in regard of the great Forces of Papists Prelates Malignants and their Adherents raised and imployed against the constant Professors thereof in England and Ireland thought fit to send their Commissioners unto the Kingdom of Scotland to Treat with the Convention of Estates and general Assembly there concerning such things as might tend to the preservation of Religion and the mutual good of both Nations and to that end to desire a more near and strict Union betwixt the Kingdoms and the Assistance of the Kingdom of Scotland by a considerable Strength to be raised and sent by them into the Kingdom of England and whereas upon a Consultation held betwixt the Commissioners of the Parliament of England the Committees of the Convention of Estates and General Assembly no means was thought so expedient to accomplish and strengthen the Union as for both Nations to enter into a solemn League and Covenant and a form thereof drawn and presented to the two Houses of Parliament of England the Convention of Estates and General Assembly of Scotland which hath accordingly been done and received their respective Approbation and whereas the particulars concerning the Assistance desired by the two Houses of the Parliament of England from their Brethren of Scotland were delivered in by the English Commissioners August the 19. to the Convention of Estates who did thereupon give power to their Committee to consider and debate further with the English Commissioners of what other Propositions might be added or concluded whereby the Assistance desired might be made more effectual and beneficial and in pursuance thereof these Propositions following were considered of and debated by the Commitee and Commissioners aforesaid to be certified with all convenient speed to the two Houses of the Parliament of England and the Convention of Estates of Scotland by their respective Committees and Commissioners to be respectively taken into their consideration and proceeded with as they should find cause which being accordingly done and these ensuing Propositions approved agreed and concluded of by the Houses of the Parliament of England and the Committee of the Estates of Scotland respectively and power by them given to their respective Committees and Commissioners formally to agree and conclude the same as may appear by the Votes of both Houses dated the first of November and the Order of the Committee bearing date the seventeenth of November We the said Commissioners and Committees according to their Votes and Orders do formally conclude and agree upon these Articles following and in confirmation thereof do mutually subscribe the same 1. It is agreed and concluded that the Covenant represented to the Convention of Estates and General Assembly of Scotland and sent to both Houses of the Parliament of England in the same form as it is now returned from the two Houses of the Parliament of England to their Brethren of Scotland and allowed by the Committee of Estates and Commissioners of the General Assembly be sworn and subscribed by both Kingdoms as a most near Tye and Conjunction between them for their mutual defence against the Papists and Prelatical Faction and their Adherents in both Kingdoms and for pursuance of the Ends expressed in the said Covenant 2. That an Army to this purpose shall be levied forthwith consisting of Eighteen thousand Foot effectivè and Two thousand Horse and One thousand Dragooners effectivè with a suitable Train of Artillery to be ready at some general Rendezvous near the Borders of England to march into England for the purposes aforesaid with all convenient speed the said Foot and Horse to be well and compleatly Armed and provided with Victuals and Pay for forty days and the said Train of Artillery to be fitted in all points ready to march 3. That the Army be commanded by a General appointed by the Estates of Scotland and subject to such Resolutions and Directions as are and shall be agreed and concluded on mutually between the two Kingdoms or by Committees appointed by them in that behalf for pursuance of the Ends above-mentioned 4. That the Charge of levying arming and bringing the said Forces together furnished as also the fitting the Train of Artillery in readiness to march be computed and set down according to the same Rates as if the Kingdom of Scotland were to raise the said Army for themselves and their own Affairs All which for the present is to be done by the Kingdom of Scotland upon Accompt and the Accompt to be delivered to the Commissioners of the Kingdom of England and when the Peace of the two Kingdoms is settled the same to be repay'd or satisfied to the Kingdom of Scotland 5. That this Army be likewise pay'd as if the Kingdom of Scotland were to imploy the same for their own occasions and toward the defraying thereof it not amounting to the full Months pay shall be Monthly allowed and pay'd the sum of Thirty thousand Pounds sterling by the Parliament of England out of the Estates and Revenues of the Papists Prelates Malignants and their Adherents or otherwise and in case the said Thirty thousand Pounds Monthly or any part thereof be not pay'd at the time when it shall become due and payable the Kingdom of England shall give the Publick Faith for the paying of the remainder unpay'd with all possible speed allowing the rate of Eight Pounds per centum for the time of the performance thereof And in case that notwithstanding the said Monthly sum of Thirty thousand Pounds pay'd as aforesaid the States and Kingdom of Scotland shall have just cause to demand further satisfaction of their Brethren of England when the Peace of both Kingdoms is settled for the pains hazard and charges they have undergone in the same they shall by way of Brotherly assistance have due recompence made unto them by the Kingdom of England and that out of such Lands and Estates of the Papists Prelates Malignants and their Adherents as the two Houses of the Parliament of England shall think fit and for the assurance thereof the Publick Faith of the Kingdom of England shall be given them 6. And to the end the said Army in manner aforesaid may be enabled and prepared to march the Kingdom of England is to pay in ready Money to their Brethren of Scotland or such as shall have power from the Estates of that Kingdom the sum of One hundred thousand Pounds sterling at Leith or Edenburgh with all convenient speed by way of advance before-hand which is to be discounted back again
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
being to that purpose Fourthly it is agreed That there shall be levied and furnished by the Kingdom of England Ten Troops of sufficient and well armed Horse-men consisting of sixty in a Troop besides the Officers and that there shall be a Commissary General a Serjeant-Major and a Quarter-master appointed over them which shall joyn and remain with the Body of the Scotish Foot and shall receive and obey the Orders and Instructions of the Commanders of the Scotish Army and that there shall be presently advanced the sum of Twelve hundred Pounds sterling for the levying of a Troop of one hundred Horsemen in Scotland besides the Officers to be a Guard to the General of the Scotish Army Fifthly it is agreed That the Commanders and Soldiers of the Scotish Army shall have such Pay respectively as the Commanders and Soldiers of the English Army have according to a List presently agreed upon by the Commissioners of both Kingdoms as also that the Officers of that Army shall have such allowance for their Wagons as is contained in the said List Sixthly it is agreed That the Towns and Castle of Carickfergus and Colrane shall be put into the hands of the Scotish Army to be places for their Magazines and Garrisons and to serve them for Retreat upon occasion and that the Magistrates and Inhabitants thereof shall be ordained to carry themselves to the Commanders of the said Army as is fitting and ordinary in such Cases and that the said Towns and Castle shall remain in the Scots hands until the War shall end or that they shall be discharged of that service Like as the Commissioners for the Kingdom of Scotland do promise in the Publick Faith of that Kingdom to re-deliver the said Towns and Castle to any having Commission from the King and Parliament of England as also the Commissioners for the Kingdom of England do promise in the name and on the Publick Faith of that Kingdom that Payment shall be made to the Kingdom of Scotland and their Army of all dues that shall arise upon this present Treaty and that when the Scotish Army imployed in the service of Ireland shall be discharged they shall be disbanded by Regiments and no lesser proportions and so many of them payed off as shall be disbanded and the residue kept in pay till they be disbanded Seventhly it is agreed That the Towns of Carick fergus and Colrane shall by the Kingdom of England be with all expedition provided with Victuals necessary for Soldiers either in Garrisons or Expeditions according to a List to be agreed on and subscribed by the Commissioners of both Kingdoms and that such quantities thereof as the Scotish Army shall have occasion to use shall be sold unto them and bought by them at the several Prices contained in the aforesaid List and also that the said Towns of Carickfergus and Colrane shall be provided by the Kingdom of England with Powder Ball Match and other Ammunition for the service of the said Army conform to the particular List to be condescended unto by both Commissioners and that Carts and Waggons shall be provided by the Kingdom of England for carrying of Ammunition for the use of the said Army in Marches as also that there shall be Gun-Smiths Carpenters and one or two Enginers appointed to attend the Army and that hand-Mills shall be provided to serve the Companies in Marches Eighthly it is agreed That the Kingdom of England shall deposite two thousand Pounds English Money in the hands of any to be appointed by the Scotish Commissioners to be disbursed upon accompt by warrant of the General of their Army upon Fortifications Intelligences and other Incidents so that there be not above the sum of two thousand Pounds in a year imprested upon these occasions without particular and special Warrant from the Parliament of England as also that there shall be deposited Two thousand and five hundred Pounds English to be disbursed upon Accompt for the providing of a thousand Horses for the Garriage of the Artillery the Baggage and Victual of their Army and for Dragooners upon occasion and likewise that the Scotish Army during the time of the War shall have power to take up such Horses in the Country as be necessary for the uses aforesaid Ninthly it is agreed That the Inhabitants of the Towns and Villages in the Province of Vlster and in any other Province of Ireland where the Scotish Army shall be by it self for the time shall receive Orders from the Scotish Commanders and shall bring in Victuals for Money in an orderly way as shall be directed by them with Provision of Oats Hay and Straw and such other Necessaries and that the Countrey People shall rise and concur with the Scotish Troops when the Commanders thereof shall find it for the good of the Service and shall receive Orders and Directions from the said Commanders of the Scotish Army Tenthly it is agreed That the said Ten thousand Men to be sent out of the Kingdom of Scotland shall go in the way and order of an Army under their own General and subaltern Officers and the Province of Vlster is appointed unto them wherein they shall first prosecute the War as in their Judgment they shall think most expedient for the Honour of the King and Crown of England and that the Commanders of the said Army shall have power to give Conditions to Towns Castles and Persons which shall render and submit themselves as shall be most expedient for the Service according to the course of War Provided no Toleration of the Popish Religion be granted nor any condition made touching or concerning any of the Rebels Lands and that the Commanders of the Scotish Army shall be answerable for their whole deportment and proceedings to His Majesty and the two Houses of the Parliament of England only but shall from time to time give an accompt thereof to His Majesty the two Houses of the Parliament of England and to the chief Governour or Governours of Ireland for the time being That such Towns and Places as shall be recovered from the Rebels by the Scotish Army shall be at the diposing of the Commanders thereof during their abode for that Service in those parts where such Towns and Places are And if it shall be found for the good of the Service that the Scotish Army shall joyn with the Kings Lieutenant of Ireland and his Army in that case the General of the Scotish Army shall only cede to the Kings Lieutenant of Ireland and receive in a free and honourable way Instructions from him or in his absence from the Lord Deputy or any other who shall have the chief Government of that Kingdom for the time by Authority derived from the Crown of England and shall precede all others and that he only shall give Orders to the Officers of his own Army and that the Armies shall have the right and left hand Van and Reare Charge and Retreat successively and shall not mix in
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
the Articles of the Peace they may in order thereunto upon pretence it is for the preservation of the Peace entertain and determine any Cause or Difference they please especially their Power by the Propositions being not only to preserve the Peace but to prevent the violation of the Articles of the Peace and having the power of the Sword in their hands and being not tied up to any certain Law whereby to judge for ought appears by their Answers to the Questions proposed by Our Commissioners and the Common Law not being the Rule in such case because part of them are to be of the Scotish Nation they may without controul exercise what Arbitrary Power they please And whereas it is insisted upon in this Paper That an Answer be given to the fifteenth Proposition which is That the Subjects be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit which Our Commissioners thought fit to have deferred till after the Peace established and then to be settled by Us and the two Houses it is apparent that Proposition concerned not that which was desired as the end of their Propositions the security for the observation of the Articles and We conceive there is already sufficient Provision made by the Law in such cases and if there were not it were fit that that defect were supplied by Law not to be left at large as the two Houses should think fit without expressing the manner of it but to proceed by a Bill wherein We might see before We consented to it how Our Subjects should be charged We being as much concerned and sensible of the burthen to be put upon Our Subjects as the two Houses can be who We are sure since they took upon them the Authority of imposing upon their fellow-Subjects without Us have laid the heaviest Impositions that ever were And whereas they say The scope of these their Propositions touching the Militia was to take away occasions of future Differences to prevent the raising of Arms and to settle a firm and durable Peace If We look upon the whole frame of their Militia as they have proposed it to Us We cannot but conclude those Propositions to be most destructive to those ends For first they have proposed it to Us as they have settled it already by their Ordinance That the whole Militia of Ireland as well of Our English Subjects as Scotish shall be Commanded by Lesley Earl of Leven their Scotish General and be managed by the joynt Advice of the Scotish and English Commissioners and therein the Scotish as well as the English to have a Negative Voice and so by consequence subjecting the whole Government of that Kingdom to the manage of Our Scotish Subjects And having thus ordered the Militia of Ireland where they will be sure to keep Forces on Foot for that is another part of the Propositions That we shall assent to whatsoever Acts shall be proposed for Moneys for the VVar of Ireland which Forces shall be ready upon all occasions to serve them for the Militia and Navy of England that is likewise to be ordered and Commanded by these Commissioners and though We their Sovereign are denied to nominate any to be joynt-Commissioners they are content to admit those of Scotland who though Our Subjects yet are strangers to their Government to a nomination of Scotish Commissioners to be joyned with them These Scotish Commissioners in matters wherein both Kingdoms are joyntly concerned and they may easily call and make what they will to be of joynt concernment are to have a Negative Voice so that the English can do nothing without them not so much as to raise Force to suppress a Commotion or prevent an Invasion if the Scotish Commissioners though not a third part of the number of the English say it is of joynt concernment and in matters solely concerning England the Scotish Commissioners to a third part of the whole number of the Commissioners are to reside in England and to Vote as single Persons These Commissioners as well Scotish as English as they have the sole Power of the Forces by Sea and Land so they must have a Court in a Civil way to hear and determine whatsoever Civil action that shall tend to the preservation of the Peace or whatsoever else is for the prevention of the violation of it within which general words and in order thereunto they may comprehend any cause or thing they please And as these Commissioners as well Scotish as English are to name all Commanders and Officers in Our Forts and Ships so in the Intervals of Paliament lest there should be too much dependance upon Us they are to name all the great Officers and Judges of both Our Kingdoms of England and Ireland To these so unreasonable Propositions wherein the Parliament and Subjects of Scotland would have so great an Influence and Power over the Kingdoms of England and Ireland if as reflecting meerly upon Our selves and not entertaining such thoughts of Our Scotish Subjects as perhaps some may by the danger of such a Power We should have agreed as hoping that the good Affections of Our Subjects in Scotland might in time have restored Us to that Power which the two Houses of England would take away yet when We consider that We are in Conscience obliged to maintain the Rights of Our Crown so far as to be able to protect Our Subjects and what jealousies and heart-burnings it might probably produce betwixt Our Subjects of the two Kingdoms what reluctancy all Our Subjects here may have when they shall see Our Power so shaken and they must have so much dependency upon their fellow Subjects both English and Scotch We conceive it so far from being a Remedy to the present Distempers as they affirm in their Papers that as at present it would alter the whole frame and constitution of the Government of this Kingdom both Civil and Military so in the conclusion it would occasion the Ruin and Desolation of all Our Kingdoms His MAJESTIES Answer to the two Papers concerning Ireland IT hath been one of the chiefest designs of the Authors of the present Distractions to insinuate unto Our People that We were either privy to the Rebellion in Ireland or assenting to the continuance of it and if it could not be personally fixed upon Our self yet to perswade them into a belief that evil Counsellors and others prevalent with Us did encourage and assist it By this means having a colour to raise Forces and to levy Money for the supply of those Forces they might so dispose of both as under a pretence of suppressing the Rebels in Ireland they might thereby also raise a War in England for the effecting of their Ambitious and Covetous desires in both Kingdoms And they so carried on this Design that whereas out of Our earnest desire of the relief of Our poor Subjects in Ireland and to shew the great sense We had of their Miseries We had
Forces raised for that Kingdom under the Command of the Lord Wharton against Us at Edge-hill which they deny not they fall to recriminate Us. They say They have mentioned particulars of Provisions for Ireland besides those few Cloaths taken near Coventry which being formerly answered by Our Commissioners they do not again urge asserted to be seised not without Our own knowledge and directions as they were informed This they had formerly alledged and Our Commissioners had answered as We do now that they have instanced no particulars at all of any such Provisions seised And whereas they say that Our forbearance to seise some Provisions which Our Commissioners alledged in Our greatest Wants We forbore to take though they lay in Magazines within Our own Quarters but took order to send away into Ireland was no excuse for seising others they misapply that to be an excuse which was alledged as an evidence that We seised none since We might in Our great Want have seised those if We had been minded to have seised any They say again the Service of that Kingdom was much prejudiced by denying the Lord Wharton ' s Commission of which they have not received satisfaction To this it hath been already answered that those Forces were raised for him before any Commission demanded from Us and that the Commission for him proposed to Us was to have been independent of the Lieutenant of that Kingdom Causes though not satisfactory to them yet sufficient in themselves to justifie Our refusal But besides these it is apparent the Army which was brought down against Us was then raising that the Lord Wharton was one of the most active in it and We had cause to be confident nor did he fail Us therein that what Forces he should raise for Ireland he would imploy against Us in England neither did that Service depend upon the Lord Wharton other able Officers were appointed over those Forces whom if they had as much affected that Service as the Person of the Lord Wharton they might have trusted with the Transport of them to Ireland where others of more Experience and fitter for Conduct than the Lord Wharton might have taken the charge of them They say further That it was one end for which the Cessatian was made that the Forces might be brought hither to Vs out of Ireland and imployed against the two Houses The bleeding Necessities of the poor English there which have been mentioned and whereof they cannot but be convinced will best speak the cause of that Cessation and the sight of those Soldiers half starved when they came over having neither Cloaths to their Backs nor so much as Shoes to their Feet nor any Pay to provide either will witness the Necessity of bringing them over when there was no subsistance for them in Ireland nor use for them there during the Cessation And for making use of them here how can they quarrel at Our imploying Our own English Soldiers who should otherwise have disbanded when they make use of an Army of Scots against Us They have been told that they brought over out of Ireland the Earl of Leven their General and divers Scotish Officers which they deny not and that before the English Forces brought over they attempted the bringing once the Scotish Forces in Ireland as likewise divers English Officers there into this Kingdom to which all the Answer given is that the Scotish Forces which came over were not sent for Which as it denies not what is objected so neither can it excuse their not sending them back to the Service of Ireland and imploying them here in an unnatural Rebellion against Us. But whatsoever their own acts or failings have been in this business of Ireland and though apparently the Necessities which caused the Cessation were occasioned by the two Houses yet rather than they shall be guilty of the blame and neglect therein Our People must be made to believe that either there were no such Necessities or when that is so apparent then that those Necessities were designed and contrived by a Popish and Prelatical Party prevalent with Us and the Supplies denied and stopped by Our self and so that it is reasonable for them to press and insist as they do with much fervour in their last Paper concerning Ireland upon their Demands for the settling of the prosecution of the War in themselves or the Scots excluding Us and that there shall be no further Cessation or Peace made there though the War should continue here to have the nomination of the Lieutenant and all the great Officers there and to have Us bound up to assent to whatsoever Acts they shall propose for Moneys or other necessaries for the prosecution of that War and if We agree not to these Propositions We are like to be charged with countenancing of that bloody Rebellion And therefore though the unreasonableness of those Propositions hath been fully lay'd open by Our Commissioners in their Paper yet because this of theirs is framed in Answer to those and the fervency and fluency of their expressions may make impressions on those who do not warily weigh the matter We shall examine what new inforcements they bring to make good those Demands The prosecution of the War there though it be demanded generally in the 13. Proposition to be settled in both the Houses of the Parliament of England to be managed by the joynt Advice of both Kingdoms yet according to their seventeenth Proposition it is to be ordered according to the Ordinance of the 11. of April 1644. which is also proposed to be enacted By that Ordinance the Scotish General Leven is to command all the Forces in Ireland both English and Scotish and that War is to be managed by a joynt Committee to be named by the two Houses of England and the Estates of the Parliament of Scotland and the Committees of each Kingdom is to have a Negative Voice They insisting to have the prosecution of the War thus settled Our Commissioners answered That this was in effect to deliver the Kingdom of Ireland into the hands of Our Subjects of Scotland and neither agreeable to the Rules of Honour or Prudence That it was unreasonable if the War continued here that We by Our consent to Act of Parliament for the managing of that War and raising Moneys for that purpose should put so great Power into their hands who during these Troubles may turn that Power against Us. And lastly that if the Distractions continued here the Forces and Wealth of this Kingdom would be so imployed at home that the prosecution of that War to the subduing of the Rebels was impossible but probably might be destruction of the remainder of Our good Subjects For the Power given to Our Scotish Subjects in that Kingdom Our Commissioners urged That General Leven being to Command all the Forces in Ireland and the Committee of Scotland having a Negative Voice upon difference of Opinion that War must either stand still to the Ruine
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
propose conditions of Peace though the VVar otherwise might justly be pursued And surely as a Cessation in Ireland may be some advantage to the Rebels as all Cessations in their nature are to both parts they having thereby time and liberty to procure Arms and Ammunition to be brought to them so it is not only for the advantage but necessary preservation of Our good Subjects there whose bleeding Dangers call for Our bowels of Charity and Compassion by suspending the rage of the Adversary by this Cessation till means may be found to turn their hearts or to disable their Malice from pursuing their Cruelty to the utter Ruin of that Remainder of Our good Subjects there it being more acceptable to God and Man to preserve a few good men from destruction than to destroy a multitude though in the way of Justice and perhaps a Cessation may bring some of those Rebels to reflect upon their Offences and to return to their Duty all are not in the same degree of guilt all were not Authors of nor consenting to the Cruelties committed some were inforced to comply with or not resist their proceedings some were seduced upon a belief the Nation was designed to be eradicated and the VVar not against the Rebellion only but their Religion The VVar destroys all alike without distinction even innocent Children have suffered not by the Rebels only and all are not Tigers or Wolves there may be grounds of Mercy to some though no severity be excessive towards others However We cannot desire the destruction even of the worst of those Irish Rebels so much as We do the preservation of the poor English remaining there but should make choice rather to save the Rebels for preserving the lives of those poor Protestants than destroy them to ruine the Rebels And therefore exceeding strange it is to Us and We are sorry to find that any English men who have seen this their Native Country heretofore even in Our time flourishing beyond most of the Kingdoms and Churches in the world and now most hideous and deformed weltring in the blood of her own Children and if this VVar continue like to be a perpetual spectacle of Desolation should express that they desire War in Ireland as much as they do Peace here no more valuing the sparing of English blood here than they do the effusion of the blood of the Rebels in Ireland They say indeed they are willing to lay out their Estates and Lives both for the War in Ireland and Peace in this Kingdom but withal they say they have made Propositions for both if Our Commissioners would agree to them These are the Conditions they offer neither Peace is to be had here without agreeing to their Propositions nor that VVar in Ireland to be managed but according to those Propositions such Propositions as apparently tend to the ruine of the Church to the subversion of all Our Power to the setting up a new frame of popular Government to the destructioo of Our Loyal and true-hearted Subjects Propositions which associate Our Subjects of Scotland in their Counsels and Power and invest them in a great share of the Government and VVealth of this Kingdom and render both the VVealth and Power of Ireland to be at their command These Propositions they insist upon and for the obtaining these they are resolved to engage the Lives and Estates of Our poor People in this unnatural Rebellion But VVe trust God Almighty will open the Eyes and the Hearts of Our People not to assist them any longer against Us in the shedding innocent blood in this VVar. And VVe cast Our selves on Him waiting His good time for the restoring the Peace of Our Kingdoms and Our deliverance from these Troubles which at length VVe are assured He will give unto Us. MESSAGES PROPOSITIONS AND TREATIES FOR PEACE WITH DIVERS RESOLUTIONS AND DECLARATIONS THEREUPON MDCXLV VI. VII VIII His MAJESTIES Message to both Houses from Oxford December 5. 1645. For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty being deeply sensible of the continuation of this bloody and unnatural War cannot think himself discharged of the Duty He owes to God or the Affection and regard He hath to the preservation of His People without the constant application of His earnest Endeavours to find some Expedient for the speedy ending of these unhappy Distractions if that may be doth therefore desire That a Safe-Conduct may be forthwith sent for the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffrey Palmer Esquires and their Attendants with Coaches Horses and other Accommodations for their Journey to Westminster during their stay there and return when they shall think fit whom His Majesty intends to send to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland furnished with such Propositions as His Majesty is confident will be the foundation of a happy and well-grounded Peace Given at the Court at Oxford the fifth of December 1645. The Letter of the two Speakers For Sir Thomas Glemham Governour of Oxford SIR VVE have received your Letter of the 5 th of this instant December with His Majesties inclosed and have sent back your Trumpet by command of both Houses who will with all convenient speed return an Answer to His Majesty and rest Your Loving Friends Grey of VVark Speaker of the House of Peers pro tempore VVilliam Lenthal Speaker of the House of Commons His MAJESTIES Message to both Houses in pursuance of the former From Oxford Dec. 15. 1645. For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty cannot but extreamly wonder that after so many expressions on your part of a deep and seeming sense of the Miseries of this afflicted Kingdom and of the Dangers incident to His Person during the continuance of this unnatural War your many great and so often repeated Protestations that the raising these Arms hath been only for the necessary defence of God's true Religion His Majesties Honour Safety and Prosperity the Peace Comfort and Security of His People you should delay a safe Conduct to the Persons mentioned in His Majesties Message of the fifth of this instant December which are to be sent unto you with Propositions for a well-grounded Peace a thing so far from having been at any time denied by His Majesty whensoever you have desired the same that He believes it hath been seldom if ever practised among the most avowed and professed Enemies much less from Subjects to their King But His Majesty is resolved that no Discouragements whatsoever shall make Him fail of His part in doing his uttermost endeavours to put an end to these Calamities which if not in time prevented must prove the ruin of this unhappy Nation and therefore doth once again desire that a safe Conduct may be forthwith sent for those Persons expressed in His former Message and doth therefore conjure you as you
will answer to Almighty God in that Day when He shall make inquisition for all the Blood that hath and may yet be spilt in this unnatural War as you tender the preservation and establishment of the true Religion by all the Bonds of Duty and Allegiance to your King or Compassion to your bleeding and unhappy Country and of Charity to your selves that you dispose your hearts to a true sense and imploy all your faculties in a more serious Endeavour together with His Majesty to set a speedy end to these wasting Divisions and then He shall not doubt but that God will yet again give the Blessing of Peace to this distracted Kingdom Given at the Court at Oxford the fifteenth of December 1645. His MAJESTIES Message to both Houses with Propositions From Oxford Dec. 26. 1645. 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 CHARLES R. NOtwithstanding the strange and unexpected Delays which can be precedented by no former times to His Majesties two former Messages His Majesty will lay aside all Expostulations as rather serving to lose time than to contribute any remedy to the evils which for the present do afflict this distracted Kingdom Therefore without further Preamble His Majesty thinks it most necessary to send these Propositions this way which He intended to do by the Persons mentioned in His former Messages though He well knows the great disadvantage which Overtures of this kind have by the want of being accompanied by well instructed Messengers His Majesty conceiving that the former Treaties have hitherto proved ineffectual chiefly for want of Power in those Persons that Treated as likewise because those from whom their Power was derived not possibly having the particular informations of every several Debate could not give so clear a Judgment as was requisite to so important a business if therefore His Majesty may have the engagement of the two Houses at Westminster the Commissioners of the Parliament of Scotland the Mayor Aldermen Common-Council and Militia of London of the chief Commanders in Sir Fairfax's Army as also of those in the Scots Army for His Majesties free and safe coming to and abode in London or Westminster with such of His Servants now attending Him and their Followers not exceeding in all the number of 300. for the space of forty days and after the said time for His free and safe repair to any of His Garrisons of Oxford Worcester or Newark which His Majesty shall nominate at any time before His going from London or Westminster His Majesty propounds to have a Personal Treaty with the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland upon all matters which may conduce to the restoring of Peace and Happiness to these miserably-distracted Kingdoms and to begin with the three Heads which were Treated on at Vxbridge And for the better clearing of His Majesties earnest and sincere intentions of putting an end to these unnatural Distractions knowing that point of security may prove the greatest obstacle to this most blessed Work His Majesty therefore declares That he is willing to commit the great Trust of the Militia of this Kingdom for such Time and with such Powers as are exprest in the Paper delivered by His Majesties Commissioners at Vxbridge the sixth of February last to these Persons following viz. the Lord Privy-Seal the Duke of Richmond the Marquess of Hartford the Marquess of Dorchester the Earl of Dorset Lord Chamberlain the Earl of Northumberland the Earl of Essex Earl of Southampton Earl of Pembroke Earl of Salisbury Earl of Manchester Earl of Warwick Earl of Denbigh Earl of Chichester Lord Say Lord Seymour Lord Lucas Lord Lexington Mr. Denzill Hollis Mr. Pierrepont Mr. Henry Bellassis Mr. Richard Spencer Sir Thomas Fairfax Mr. John Ashburnham Sir Gervase Clifton Sir Henry Vane junior Mr. Robert Wallop Mr. Thomas Chichely Mr. Oliver Cromwell Mr. Philip Skippon supposing that these are Persons against whom there can be no just exception But if this doth not satisfie then His Majesty offers to name the one half and leave the other to the election of the two Houses of Parliament at Westminster with the Powers and Limitations before mentioned Thus His Majesty calls God and the World to witness of His sincere Intentions and real Endeavours for the composing and settling of these miserable Distractions which He doubts not but by the Blessing of God will soon be put to a happy Conclusion if this His Majesties offer be accepted otherwise He leaves all the World to judge who are the continuers of this unnatural War And therefore He once more conjures you by all the bonds of Duty you owe to God and your King to have so great a Compassion on the bleeding and miserable estate of your Country that you joyn your most serious and hearty endeavours with His Majesty to put a happy and speedy end to these present Miseries Given at the Court at Oxford the 26. of December 1645. The Answer of both Houses to His MAJESTIES two former Messages of the 5. and 15. of Decemb. brought by Sir Peter Killegrew Decemb. 27. May it please your Majesty THE Lords and Commons assembled in the Parliament of England at Westminster have received Your Letters of the fifth and fifteenth of this instant December and having together with the Commissioners of the Parliament of Scotland taken the same into their serious consideration do humbly return this Answer They have in all their Actions manifested to Your Majesty and the World their sincere and earnest desires that a safe and well-grounded Peace might be settled in Your three Kingdoms and for the obtaining so great a Blessing shall ever pray to God and use their utmost endeavours and beseech Your Majesty to believe that their not sending a more speedy Answer hath not proceeded from any intention to retard the means of putting an end to these present Calamities by a happy Peace but hath been occasioned by the Considerations and Debates necessary in a business of so great importance wherein both Kingdoms are so much concerned As to Your Majesties desire of a safe Conduct for the coming hither of the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffrey Palmer Esquires with Propositions to be the foundation of a happy and well-grounded Peace they finding that former Treaties have been made use of for other Ends under the pretence of Peace and have proved dilatory and unsuccessful cannot give way to a safe Conduct according to Your Majesties desire But both Houses of the Parliament of England having now under their Consideration Propositions and Bills for the settling of a safe and well grounded Peace which are speedily to be communicated to the Commissioners of the Kingdom of Scotland do resolve after mutual agreement of both Kingdoms to present them with all speed to Your Majesty Westminster the 25.
Obedience to Our Commands We doubt not of your care in this wherein Our Service and the good of Our Protestant Subjects in Ireland is so much concerned From Newcastle June 11. 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace Sent to His Majesty at Newcastle by the Right Honourable the Earl of Pembroke and Montgomery the Earl of Suffolk Members of the House of Peers and Sir VValter Earle Sir John Hippesly Knights Robert Goodwyn Luke Robinson Esquires Members of the House of Commons Die Sabbathi 11. Julii 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace May it please your Majesty WE the Lords and Commons assembled in the Parliament of England in the name and on the behalf of the Kingdoms of England and Ireland and the Commissioners of the Parliament of Scotland in the name and on the behalf of the Kingdom of Scotland do humbly present unto Your Majesty the humble Desires and Propositions for a safe and well-grounded Peace agreed upon by the Parliaments of both Kingdoms respectively unto which we do pray Your Majesties Assent and that they and all such Bills as shall be tendred to Your Majesty in pursuance of them or any of them may be Established and Enacted for Statutes and Acts of Parliament by Your Majesties Royal Assent in the Parliaments of both Kingdoms respectively I. WHereas both Houses of the Parliament of England have been necessitated to undertake a War in their just and lawful defence and afterwards both Kingdoms of England and Scotland joyned in solemn League and Covenant were engaged to prosecute the same That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations heretofore had or hereafter to be had against both or either of the Houses of the Parliament of England the Parliament of the Kingdom of Scotland and the late Convention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from them and all Judgments Indictments Outlawries Attainders and Inquisitions in any the said Causes and all Grants thereupon made or had or to be made or had be declared null suppressed and forbidden And that this be publickly intimated in all Parish-Churches within His Majesties Dominions and all other places needful II. That His Majesty according to the laudable Example of His Royal Father of happy memory may be pleased to swear and sign the late solemn League and Covenant and that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the Three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliament respectively with such Penalties as by mutual advice of both Kingdoms shall be agreed upon III. That a Bill be passed for the utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans and Sub-deans Deans and Chapters Archdeacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Subtreasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate Church and all other their under Officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such Alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenburg 29. November 1643. and joynt Declaration of both Kingdoms IV. That the Ordinances concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament V. That Reformation of Religion according to the Covenant be settled by Act of Parliament in such manner as both Houses have agreed or shall agree upon after Consultation had with the Assembly of Divines VI. Forasmuch as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and Uniformity in matters of Religion that such Unity and Uniformity in Religion according to the Covenant as after Consultation had with the Divines of both Kingdoms now assembled is or shall be joyntly agreed upon by both Houses of Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively VII That for the more effectual disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and deluding the Laws and for the better discovering and speedy conviction of Recusants an Oath be established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory Worshipping of the Consecrated Host Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appointed by the said Act to be a sufficient Conviction of Recusancy VIII An Act of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion IX An Act for the true levy of the Penalties against them which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss X. That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duely executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom XI The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of the Parliament there shall think fit XII That the King do give His Royal Assent to an Act for the due Observation of the Lords Day And to the Bill for the suppression of Innovations in Churches and Chappels in and about the Worship of God c. And for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom And to the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and Non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colledges of Westminster Winchester and Eaton And to such Act or Acts for raising of Moneys for the payment and satisfying of the Publick Debts and Damages of the Kingdom and other Publick uses as shall hereafter be agreed on by both Houses of Parliament and that if the King do not give His Assent thereunto then it being done by both Houses of Parliament the same shall be as valid to all Intents and Purposes as if the Royal Assent had been given thereunto The like for the Kingdom of Scotland And that His Majesty give assurance of His consenting in the
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
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 to be incapable of any Pardon from His Majesty His Heirs or Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided 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 making of the said Act or Proposition to the end that City may be fully assured it is not the intention of the Parliament to take from them any Priviledges or Immunities in raising or disposing of their Forces which they have or might have used or injoyed heretofore The like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit XIV 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 One and Twentieth 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 Twentieth 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 fourth of June 1644. XV. That an Act be passed in the Parliaments of both Kingdoms respectively for Confirmation of the Treaties passed betwixt the Two Kingdoms viz. the large Treaty the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Barwick of the 29 th of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. for the bringing of Ten Thousand Scots into the Province of Vlster in Ireland with all other Ordinances and Proceedings passed betwixt the Two Kingdoms and whereunto they are obliged by the aforesaid Treaties And that Algernon Earl of Northumberland John Earl of Rutland Philip Earl of Pembroke and Montgomery Robert Earl of Essex Theophilus Earl of Lincoln James Earl of Suffolk Robert Earl of Warwick Edward Earl of Manchester Henry Earl of Stamford Francis Lord Dacres Philip Lord Wharton Francis Lord Willoughby Dudly Lord North John Lord Hunsdon William Lord Gray Edward Lord Howard of Escrich Thomas Lord Bruce Ferdinando Lord Fairfax Master Nathaniel Fiennes Sir William Armyne Sir Philip Stapleton Sir Henry Vane senior Master William Pierrepont Sir Edward Aiscough Sir VVilliam Strickland Sir Arthur Hesilrig Sir John Fenwick Sir VVilliam Brereton Sir Thomas VViddrington Master John Toll Master Gilbert Millington Sir VVilliam Constable Sir John VVray Sir Henry Vane junior Master Henry Darley Oliver Saint-John Esquire His Majesties Solicitor General Master Denzill Hollis Master Alexander Rigby Master Cornelius Holland Master Samuel Vassal Master Peregrine Pelham John Glyn Esquire Recorder of London Master Henry Marten Master Alderman Hoyle Master John Blakeston Master Serjeant VVilde Master Richard Barwis Sir Anthony Irby Master Ashurst Master Bellingham and Master Tolson Members of both Houses of the Parliament of England shall be the Commissioners for the Kingdom of England for Conservation of the Peace between the Two Kingdoms to act according to the Powers in that behalf exprest in the Articles of the large Treaty and not otherwise 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 XVI That an Act be passed in the Parliaments of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30 th day of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. Qualification That the persons who shall expect no pardon be only these following Rupert and Maurice Count Palatines of the Rhene James Earl of Derby John Earl of Bristol VVilliam Earl of Newcastle Francis Lord Cottington George Lord Digby Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derry Sir William Widdrington Colonel George Goring Henry Jermin Esquire Sir Ralph Hopton Sir John Biron Sir Francis Doddington Sir John Strangwayes Master Endymion Porter Sir George Radcliffe Sir Marmaduke Langdale Henry Vaughan Esquire now called Sir Henry Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde now called Sir Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddell junior Sir John Culpepper Master Richard Lloyd now called Sir Richard Lloyd Master David Jenkins Sir George Strode George Carteret Esquire now called Sir George Carteret Sir Charles Dallison Knight Richard Lane Esquire now called Sir Richard Lane Sir Edward Nicholas John Ashburnham Esquire Sir Edward Herbert Knight His Majesties Attorney General Earl of Traquaire Lord Harris Lord Rae George Gourdon sometime Marquess of Huntley James Graham sometime Earl of Montross Robert Maxwell late Earl of Nithisdale Robert Dalyell sometime Earl of Carnwarth James Gordon sometime Viscount of Aboyne Lodowick Linsey sometime Earl of Crawford James Ogleby sometime Earl of Airley James Ogleby sometime Lord Ogleby Patrick Ruthen sometime Earl of Forth James King sometime Lord Itham Alester Macdonald Irwing younger of Drunim Gordon younger of Gight Lesley of Auchentoule Colonel John Cockram Graham of Gorthie Master John Maxwell sometime pretended Bishop of Rosse and all such others as being Processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. Qualification All Papists and Popish Recusants who have been now are or shall be actually in Arms or voluntarily assisting against the Parliaments or Estates of either Kingdom and by name The Marquess of VVinton Earl of VVorcester Edward Lord Herbert of Ragland Son to the Earl of VVorcester Lord Brudenell Carel Molineaux Esquire Lord Arundel of VVardour Sir Francis Howard Sir John VVinter Sir Charles Smith Sir John Preston Sir Bazill Brook Lord Audley Earl of Castlehaven in the Kingdom of Ireland VVilliam Sheldon of Beely Esquire Sir Henry Beddingfield 3. Qualification All persons who have had any hand in the plotting designing or assisting the Rebellion of Ireland except such persons who having only assisted the said Rebellion have rendred themselves or come in to the Parliament of England 4. Qualification That Humfrey Bennet Esquire Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Leè Sir John Pate John Ackland Edmund Windham Esquire Sir John Fitz-herbert
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
other things under any Great Seal of England in any time heretofore were or have been and that for time to come the said Great Seal now remaining in custody of the said Commissioners continue and be used for the Great Seal of England and that all Grants Commissions Presentations Writs Process Proceedings and other things whatsoever passed under or by authority of any other Great Seal since the two and twentieth day of May Anno Dom. 1642. or hereafter to be passed be invalid and of no effect to all intents and purposes except such Writs Process and Commissions as being passed under any other Great Seal than the said Great Seal in the Custody of the Commissioners aforesaid on or after the said two and twentieth day of May and before the 28. day of November Anno Dom. 1643. were afterward proceeded upon returned into or put in ure in any the Kings Courts at VVestminster and except the Grant to Master Justice Bacon to be one of the Justices of the Kings Bench and except all Acts and Proceedings by virtue of any such Commissions of Gaol-delivery Assize and Nisi prius or Oyer and Terminer passed under any other Great Seal than the Seal aforesaid in custody of the said Commissioners before the first of October 1642. And that all Grants of Offices Lands Tenements or Hereditaments made or passed under the Great Seal of Ireland unto any Person or Persons Bodies Politick or Corporate since the Cessation made in Ireland the fifteenth day of September 1643. shall be null and void and that all Honours and Titles conferred upon any Person or Persons in the said Kingdom of Ireland since the said Cessation shall be null and void His MAJESTIES Answer to the Propositions of both Houses Newcastle Aug. 1. 1646. To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster CHARLES R. THE Propositions tendered to his Majesty by the Commissioners from the Lords and Commons assembled in the Parliament of England at VVestminster and the Commissioners of the Parliament of Scotland to which the Houses of Parliament have taken twice so many Months for deliberation as they have assigned Days for his Majesties Answer do import so great Alterations in Government both in the Church and Kingdom as it is very difficult to return a particular and positive Answer before a full Debate wherein these Propositions and the necessary Explanations true sense and Reasons thereof be rightly weighed and understood and that his Majesty upon a full view of the whole Propositions may know what is left as well as what is taken away and changed In all which he finds upon discourse with the said Commissioners that they are so bound up from any capacity either to give Reasons for the Demands they bring or to give ear to such Desires as his Majesty is to propound as it is impossible for him to give such a present judgment of and Answer to these Propositions whereby he can answer to God that a safe and well-grounded Peace will ensue which is evident to all the World can never be unless the just Power of the Crown as well as the Freedom and Propriety of the Subject with the just Liberty and Priviledges of the Parliament be likewise setled To which end his Majesty desires and proposeth to come to London or any of his Houses thereabouts upon the Publick Faith and security of the two Houses of Parliament and the Scotch Commissioners That he shall be there with Freedom Honour and Safety where by his Personal Presence he may not only raise a mutual Confidence betwixt him and his People but also have these Doubts cleared and these Difficulties explained unto him which he now conceives to be destructive to his just Regal Power if he shall give a full Consent to these Propositions as they now stand As likewise that he may make known to them such his reasonable Demands as he is most assured will be very much conducible to that Peace which all good men desire and pray for by the settling of Religion the just Priviledges of Parliament with the Freedom and Propriety of the Subject and his Majesty assures them that as he can never condescend unto what is absolutely destructive to that just Power which by the Laws of God and the Land he is born unto so he will chearfully grant and give his Assent unto all such Bills at the desire of his two Houses or reasonable Demands for Scotland which shall be really for the good and peace of his People not having regard to his own particular much less of any body 's else in respect of the Happiness of these Kingdoms Wherefore his Majesty conjures them as Christians as Subjects and as men who desire to leave a good name behind them that they will so receive and make use of this Answer that all issues of Blood may be stopped and these unhappy Distractions peaceably setled Newcastle August 1. 1646. POST-SCRIPT Upon assurance of a happy Agreement his Majesty will immediately send for the Prince his Son absolutely expecting his perfect Obedience to return into this Kingdom His MAJESTIES Message to both Houses from Newcastle Dec. 20. 1646. To the Speaker of the House of Peers pro tempore to be communicated to the Lords and Commons of the Parliament of England assembled at Westminster and to the Commissioners of the Parliament of Scotland at London CHALLES R. HIS Majesties thoughts being always sincerely bent to the Peace of his Kingdoms was and will be ever desirous to take all ways which might the most clearly make appear the Candor of his Intentions to his People and to this end could find no better way than to propose a Personal free Debate with his two Houses of Parliament upon all the present Differences yet finding very much against his expectations that this Offer was lay'd aside his Majesty bent all his thoughts to make his Intentions fully known by a particular Answer to the Propositions delivered to him in the name of both Kingdoms 24. July last But the more he endeavoured it he more plainly saw that any Answer he could make would be subject to misinformations and mis-constructions which upon his own Paraphrases and Explanations he is most confident will give so good satisfaction as would doubtless cause a happy and lasting Peace Lest therefore that good Intentions may produce ill Effects His Majesty again proposeth and desires again to come to London or any of his Houses thereabouts upon the Publick Faith and Security of his two Houses of Parliament and the Scotch Commissioners that he shall be there with Honour Freedom and Safety where by his Personal Presence he may not only raise a mutual Confidence betwixt him and his People but also have those Doubts cleared and those Difficulties explained to him without which he cannot but with the aforesaid mischievous Inconveniencies give a particular Answer to the Propositions and with which he doubts not but so
to manifest his real Intentions for the setling of Religion the just Priviledges of Parliament with the Freedom and Propriety of the Subject that it shall not be in the power of wicked and malicious men to hinder the establishing of that firm Peace which all honest men desire assuring them that as he will make no other Demands but such as he believes confidently to be just and much conducing to the Tranquility of his People so he will be most willing to condescend to them in whatsoever shall be really for their good and Happiness Not doubting likewise but you will also have a due regard to maintain the just Power of the Crown according to your many Protestations and Professions For certainly except King and People have reciprocal care each of other neither can be happy To conclude 'T is your KING Who desires to be heard the which if refused to a Subject by a King he would be thought a Tyrant for it and for that end which all men profess to desire Wherefore his Majesty conjures you as you desire to shew your selves really what you profess even as you are good Christians and Subjects that you will accept this his Offer which he is confident God will so bless that it will be the readiest means by which these Kingdoms may again become a comfort to their Friends and a terror to their Enemies Newcastle 20. Decemb. 1646. His MAJESTIES Quaeres to the Scots Commissioners upon Thursday the 14. of January 1646-7 IT is a received Opinion by many That Ingagements Acts or Promises of a restrained Person are neither valid nor obligatory How true or false this is I will not now dispute But I am sure if I be not free I am not fit to answer your or any Propositions Wherefore you should first resolve Me in what state I stand as in relation to Freedom before I can give you any other Answer The Reason of this My Question the Governour can best resolve you But if you object the loss of time and urgency of it certainly in one respect it presses none so much as My self which makes Me also think it necessary that I be not to seek what to do when this Garrison shall be surrendred up to demand of you in case I go into Scotland if I shall be there with Honour Freedom and Safety or how Being ready to give you a farther and more particular Answer how soon you shall have resolved these two Quaeres The Scots Commissioners Answer to His MAJESTIES Quaeres Thursday the 14. of Jan. 1646-47 I. TO the First In what state You stand as in relation to Freedom The Parliaments of both Your Kingdoms have given such Orders and Directions as they have thought fittest for the good and safety of Your Majesty and the Kingdoms to the General and Governour II. To Your Majesties Second Quaere of Your going into Scotland we shall humbly desire That we may not now be put to give any Answer But if Your Majesty shall either deny or delay Your Assent to the Propositions we are in that case to represent to Your Majesty the Resolutions of the Parliament of England His MAJESTIES Reply to the Scots Commissioners I Know very well That the General and Governour have received Orders concerning Me but the question is Into what state those Orders put Me as relating to Freedom To which you have either Power to Answer or not If you have then Answer Me otherwise send to those who can And so for my Second Quaere His MAJESTIES Message to both Houses in farther Answer to their Propositions From Holdenby May 12. 1647. For the Speaker of the Lords House pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. AS the daily expectation of the coming of the Propositions hath made his Majesty this long time to forbear giving his Answer unto them so the appearance of their sending being no more for any thing he can hear than it was at his first coming hither notwithstanding that the Earl of Lauderdale hath been at London above these Ten days whose not coming was said to be the onely stop hath caused his Majesty thus to anticipate their coming to him And yet considering his Condition that his Servants are denied access to him all but very few and those by appointment not his own election and that it is declared a Crime for any but the Commissioners or such who are particularly permitted by them to converse with his Majesty or that any Letters should be given to or received from him may he not truly say That he is not in case fit to make Concessions or give Answers since he is not master of those ordinary Actions which are the undoubted Rights of any free-born man how mean soever his Birth be And certainly he would still be silent as to this Subject until his Condition were much mended did he not prefer such a right understanding betwixt him and his Parliaments of both Kingdoms which may make a firm and lasting Peace in all his Dominions before any particular of his own or any earthly Blessing and therefore his Majesty hath diligently employed his utmost Endeavours for divers months past so to inform his Understanding and to satisfie his Conscience that he might be able to give such Answers to the Propositions as would be most agreeable to his Parliaments but he ingenuously professes that not withstanding all the pains that he hath taken therein the nature of some of them appears such unto him that without disclaiming that Reason which God hath given him to judge by for the good of him and his People and without putting the greatest violence upon his own Conscience he cannot give his Consent to all of them Yet his Majesty that it may appear to all the World how desirous he is to give full satisfaction hath thought fit hereby to express his readiness to grant what he may and his willingness to receive from them and that Personally if his two Houses at VVestminster shall approve thereof such further information in the rest as may best convince his Judgment and satisfie those Doubts which are not yet clear unto him desiring them also to consider That if his Majesty intended to wind himself out of these Troubles by indirect means were it not easie for him now readily to consent to what hath or shall be proposed unto him and afterwards chuse his time to break all alledging That forc'd Concessions are not to be kept Surely he might and not incur a hard Censure from some indifferent men But Maximes in this kind are not the Guides of his Majesties Actions for he freely and clearly avows that he holds it unlawful for any man and most base in a King to recede from his Promises for having been obtained by force or under restraint Wherefore his Majesty not onely rejecting those Acts which he esteems unworthy of him
will bear IV. That according to the seventh Head in the said Declaration an effectual course may be taken that the Kingdom may be righted and satisfied in point of Accounts for the vast sums that have been levied V. That provision may be made for payment of Arrears to the Army and the rest of the Soldiers of the Kingdom who have concurred with the Army in the late Desires and Proceedings thereof and in the next place for payment of the Publick Debts and Damages of the Kingdom and that to be performed first to such persons whose Debts or Damages upon the Publick Account are great and their Estates small so as they are thereby reduced to a difficulty of subsistence In order to all which and to the fourth particular last preceding we shall speedily offer some farther particulars in the nature of Rules which we hope will be of good use towards publick satisfaction August 1. 1647. Signed by the appointment of his Excellency Sir Thomas Fairfax and the Council of War Jo. Rushworth Secret Propositions presented to His MAJESTY at Hampton-Court upon Tuesday the seventh of September 1647. by the Earls of Pembroke and Lauderdale Sir Charles Erskin Sir John Holland Sir John Cooke Sir James Harrington Mr. Richard Browne Mr. Hugh Kenedy and Mr. Robert Berkley in the names of the Parliament of England and in behalf of the Kingdom of Scotland May it please your Majesty WE the Lords and Commons assembled in the Parliament of England in the name and on the behalf of the Kingdoms of England and Ireland and the Commissioners of the Parliament of Scotland in the name and on the behalf of the Kingdom of Scotland do humbly present unto Your Majesty the humble Desires and Propositions for a safe and well grounded Peace agreed upon by the Parliaments of both Kingdoms respectively unto which We do pray Your Majesties Assent and that they and all such Bills as shall be tendred to Your Majesty in pursuance of them or any of them may be established and Enacted for Statutes and Acts of Parliament by Your Majesties Royal Assent in the Parliaments of both Kingdoms respectively Heads of the Propositions presented to the King's Majesty for a safe and well-grounded Peace 1. His Majesty to call in his Declarations and Proclamations against the Parliaments of both Kingdoms 2. His Majesty to sign the Covenant 3. To pass a Bill for abolishing Bishops 4. To pass a Bill for Sale of Bishops Lands 5. To confirm the sitting of the Assembly 6. Religion to be reformed as the Houses agree 7. Such Vniformity of Religion to be passed in an Act. 8. An Act passed against Popish Recusants 9. For Education of the Children of Papists 10. For laying Penalties upon Papists 11. An Act for prevention of Popish practices And the like for the Kingdom of Scotland 12. For the Royal Assent to Acts for the Lords day for preaching against Innovations regulating Colledges and for publick Debts and Damages The like for Scotland 13. to pass the settling of the Militia and Navy 14. To null the old Great Seal 15. For settling of Conservators for the Peace of the Kingdoms 16. The joynt Declarations and the Qualifications against Malignants 17. An Act to be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace with the Irish Rebels 18. The settling of the Militia of the City of London 19. The Great Seal with the Commissioners of Parliament and all Acts by it to be made good His MAJESTIES Answer to the Propositions of both Houses Hampton-Court Sept. 9. 1647. For the Speaker of the Lords House pro tempore to be communicated to both Houses of the Parliament of England and the Commissioners of the Kingdom of Scotland CHARLES R. HIS Majesty cannot chuse but be passionately sensible as he believes all his good Subjects are of the late great Distractions and still languishing and unsetled State of this Kingdom and he calls God to Witness and is willing to give testimony to all the World of his readiness to contribute his utmost Endeavours for restoring it to a happy and flourishing Condition His Majesty having perused the Propositions now brought to him finds them the same in effect which were offered to him at Newcastle To some of which as he could not then consent without violation of his Conscience and Honour so neither can he agree to others now conceiving them in many respects more disagreeable to the present condition of Affairs then when they were formerly presented unto him as being destructive to the main principal Interests of the Army and of all those whose Affections concur with them And his Majesty having seen the Proposals of the Army to the Commissioners from his two Houses residing with them and with them to be Treated on in order to the clearing and securing the Rights and Liberties of the Kingdom and the setling of a just and lasting Peace to which Proposals as he conceives his two Houses not to be strangers so he believes they will think with him that they much more conduce to the satisfaction of all Interests and may be a fitter foundation for a lasting Peace than the Propositions which at this time are tendered unto him He therefore propounds as the best way in his Judgment in order to a Peace that his two Houses would instantly take into consideration those Proposals upon which there may be a Personal Treaty with his Majesty and upon such other Propositions as his Majesty shall make hoping that the said Proposals may be so moderated in the said Treaty as to render them the more capable of his Majesties full Concession wherein he resolves to give full satisfaction unto his People for whatsoever shall concern the setling of the Protestant Profession with Liberty to tender Consciences and the securing of the Laws Liberties and Properties of all his Subjects and the just Priviledges of Parliament for the future And likewise by his present deportment in this Treaty he will make the World clearly judge of his Intentions in matter of future Government In which Treaty his Majesty will be well pleased if it be thought fit that Commissioners from the Army whose the Proposals are may likewise be admitted His Majesty therefore conjures his two Houses of Parliament by the Duty they owe to God and his Majesty their King and by the bowels of Compassion they have to their fellow-Subjects both for the relief of their present Sufferings and to prevent future Miseries that they will forthwith accept of this his Majesties Offer whereby the joyful news of Peace may be restored to this distressed Kingdom And for what concerns the Kingdom of Scotland mentioned in the Propositions His Majesty will very willingly Treat upon those particulars with the Scotch Commissioners and doubts not but to give reasonable satisfaction to that his Kingdom Given at Hampton-Court the ninth of September 1647. His MAJESTIES Message to both Houses left by Him on His
Table at Hampton-Court Nov. 11. 1647. CHALLES R. LIberty being that which in all Times hath been but especially now is the common Theme and Desire of all men common Reason shews That Kings less then any should endure Captivity And yet I call God and the World to Witness with what Patience I have endured a tedious Restraint which so long as I had any hopes that this sort of My Suffering might conduce to the Peace of My Kingdoms or the hindring of more effusion of Blood I did willingly undergoe But now finding by two certain proofs that this My continued Patience would not only turn to My Personal Ruine but likewise be of much more prejudice then furtherance to the Publick Good I thought I was bound as well by Natural as Political Obligations to seek my Safety by Retiring My self for some time from the publick View both of My Friends and Enemies And I appeal to all indifferent men to judge if I have not just cause to free My self from the hands of those who change their Principles with their Condition and who are not ashamed openly to intend the Destruction of the Nobility by taking away their Negative Voice and with whom the Levellers Doctrine is rather countenanced then punished and as for their intentions to My Person their changing and putting more strict Guards upon Me with the discharging most of all those Servants of Mine who formerly they willingly admitetd to wait upon Me does sufficiently declare Nor would I have this My Retirement misinterpreted for I shall earnestly and uncessantly endeavour the setling of a safe and well-grounded Peace where-ever I am or shall be and that as much as may be without the effusion of more Christian Blood for which how many times have I desired prest to be heard and yet no ear given to Me and can any Reasonable man think that according to the ordinary course of affairs there can be a setled Peace without it or that God will bless those who refuse to hear their own King Surely no. Nay I must further add that besides what concerns My self unless all other chief Interests have not only a hearing but likewise just satisfaction given unto them to wit the Presbyterians Independants Army those who have adhered to Me and even the Scots I say there cannot I speak not of Miracles it being in My Opinion a sinful presumption in such cases to expect or trust to them be a safe or lasting Peace Now as I cannot deny but My Personal Security is the urgent cause of this My Retirement so I take God to witness that the Publick Peace is no less before My Eyes and I can find no better way to express this My Profession I know not what a wiser man may do then by desiring and urging that all chief Interests may be heard to the end each may have just Satisfaction As for example the Army for the rest though necessary yet I suppose are not difficult to content ought in My Judgment to enjoy the Liberty of their Consciences have an Act of Oblivion or Indemnity which should extend to all the rest of My Subjects and that all their Arrears should be speedily and duly paid which I will undertake to do so I may be heard and that I be not hindred from using such Lawful and honest means as I shall chuse To conclude let Me be heard with Freedom Honour and Safety and I shall instantly break through this Cloud of Retirement and shew My self really to be Pater Patriae Hampton-Court 11. Novemb. 1647. His MAJESTIES Message to both Houses with Propositions Novemb. 17. 1647. For the Speaker of the Lords House pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HIS Majesty is confident that before this time his two Houses of Parliament have received the Message which he left behind him at Hampton-Court 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 then 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 Arch-bishops Bishops c. His Majesty cleary 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 Predecessors in their confirmations of the Great Charter have inseparably woven the Right of the Church into the Liberties of the rest of their 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 Sacriledge 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 undergoe 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 then 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
passed for abolishing Bishops and all Appendants to them 10. That the Ordinances for disposing of Bishops Lands be confirmed by Act. 11. That an Act be passed for the sale of Church-Lands 12. That Delinquents be proceeded against and their Estates disposed of according to the several Qualifications 13. Than an Act be passed for discharge of Publick Debts 14. That Acts be passed for settling the Presbyterian Government and Directory Fourteen of the Thirty nine Articles revised by the Assembly of Divines Rules and Directions concerning Suspension from the Lords Supper 15. That the chief Governour and Officers in Ireland and the great Officers in England be nominated by both Houses 16. That an Act be passed for conviction of Popish Recusants 17. That an Act be passed for the Education of the Children of Papists by Protestants 18. That an Act be passed for levying the Penalties against Popish Recusants 19. That an Act be passed for preventing the Practices of Papists against the State and hearing Mass 20. That an Act be passed for Observation of the Lords day 21. And a Bill for suppressing Innovations 22. And for advancement of Preaching 23. And against Pluralities and Non-residency They have also commanded us to desire That Your Majesty give Your Royal Assent to these Bills by Your Letters-Patents under the Great Seal of England and signed by Your Hand and Declared and Notified to the Lords and Commons assembled together in the House of Peers according to the Law declared in that behalf it appearing unto them upon mature deliberation that it stands not with the Safety and Security of the Kingdom and Parliament to have Your Majesties Assent at this time given otherwise They desire therefore that Your Majesty be pleased to grant Your Warrant for the draught of a Bill for such Your Letters Patents to be presented to Your Majesty and then a Warrant to Edward Earl of Manchester and William Lenthal Esquire Speaker of the House of Commons who have now the Custody of the Great Seal of England to put the same of Your Majesties Letters-Patents signed as aforesaid thereby authorizing Algernon Earl of Northumberland Henry Earl of Kent John Earl of Rutland Philip Earl of Pembroke William Earl of Salisbury Robert Earl of Warwick and Edmond Earl of Moulgrave or any three of them to give Your Majesties Royal Assent unto the said Bills according to the Law in that behalf declared And for the other particulars contained in the aforementioned Propositions the two Houses of Parliament will after such Your Majesties Assent given to the said Bills send a Committee of both Houses to Treat with Your Majesty in the Isle of Wight thereupon The Paper of the Scots Commissioners delivered to His MAJESTY when the Four Bills and Propositions were presented THere is nothing which we have more constantly endeavoured and do more earnestly desire than a good Agreement and happy Peace between Your Majesty and Your Parliaments of both Kingdoms neither have we left any means unassayed that by united Counsels with the Houses of the Parliament of England and by making joynt Applications to Your Majesty there might be a composure of all Differences But the new Propositions communicated to us by the Houses and the Bills therewith presented to Your Majesty are so prejudicial to Religion the Crown and the Union and Interest of the Kingdoms and so far different from the former proceedings and engagements betwixt the Kingdoms as we cannot concur therein Therefore we do in the Name of the Kingdom of Scotland dissent from these Propositions and Bills now tendred to Your Majesty London Lauderdale Char. Erskin Hu. Kennedy Ro. Berclay His MAJESTIES Answer to the Four Bills and Propositions Dec. 28. 1647. For the Speaker of the Lords House pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. THE necessity of complying with all engaged Interests in these great Distempers for a perfect settlement of Peace His Majesty finds to be none of the least Difficulties He hath met with since the time of His Afflictions Which is too visible when at the same time that the two Houses of the English Parliament do present to his Majesty several Bills and Propositions for his Consent the Commissioners for Scotland do openly protest against them So that were there nothing in the case but the consideration of that difference his Majesty cannot imagine how to give such an Answer to what is now proposed as thereby to promise himself his great End A Perfect Peace And when his Majesty farther considers how impossible it is in the condition he now stands to fulfil the desires of his two Houses since the only ancient and known ways of passing Laws are either by his Majesties Personal Assent in the House of Peers or by Commission under his Great Seal of England he cannot but wonder at such failings in the manner of Address which is now made unto him unless his two Houses intend that his Majesty shall allow of a Great Seal made without his Authority before there be any consideration had thereupon in a Treaty which as it may hereafter hazard the Security it self so for the present it seems very unreasonable to his Majesty And though his Majesty is willing to believe that the intention of very many in both Houses in sending these Bills before a Treaty was only to obtain a Trust from him and not to take any advantage by passing them to force other things from him which are either against his Conscience or Honour yet his Majesty believes it clear to all understandings that these Bills contain as they are now penned not only the devesting himself of all Sovereignty and that without possibility of recovering it either to him or his Successors except by repeal of those Bills but also the making his Concessions guilty of the greatest pressures that can be made upon the Subject as in other particulars so by giving an Arbitrary and unlimited Power to the two Houses for ever to raise and levy Forces for Land or Sea-service of what persons without distinction or quality and to what numbers they please and likewise for the payment of them to levy what moneys in such sort and by such ways and means and consequently upon the Estates of whatsoever persons as they shall think fit and appoint which is utterly inconsistent with the Liberty and Property of the Subject and his Majesties Trust in protecting them So that if the major part of both Houses shall think it necessary to put the rest of the Propositions into Bills his Majesty leaves all the world to judge how unsafe it would be for him to consent thereunto and if not what a strange condition after the passing of these Four Bills his Majesty and all his Subjects would be cast into And here his Majesty thinks it not unfit to wish his two Houses to consider well the manner of their proceeding
took no notice of it although it was so weighty an Occurrence to have His prime Minister cut off in the busie Preparations for a great Design till He had finished His Addresses to Heaven and His Spirit was dismissed from the Throne of Grace to attend the Cares of that on Earth This was so clear an Evidence of a most fixed Devotion that those who built their Hopes upon His Reproaches slanderously imputed it to a secret Pleasure in the fall of him whose Greatness was now terrible to the Family that raised it which both His Majesties care of the Duke's Children afterwards as also the Consideration of His Condition did evince to be false and that the King neither hated him nor needed to fear him whom He could have ruined with a Frown and have obliged the People by permitting their Fury to pass upon him Besides His Majestie 's constant Diligence in those Duties did demonstrate that nothing but a principle of Holiness which is alwaies uniform both moved and assisted Him in those sacred Performances to which He was observed to go with an exceeding Alacrity as to a ravishing pleasure from which no lesser Pleasures nor Business were strong enough for a Diversion In the morning before He went to Hunting His beloved Sport the Chaplains were before Day call'd to their Ministry and when He was at Brainford among the Noise of Arms and near the Assaults of His Enemies He caused the Divine that then waited to perform his accustomed Service before He provided for Safety or attempted at Victory and would first gain upon the Love of Heaven and then afterwards repel the Malice of Men. Those that were appointed by the Parliament to attend Him in His Restraints wondred at His constant Devotions in His Closet and no Artifice of the Army was so likely to abuse Him to a Credulity of their good Intentions as the Permission of the Ministery of His Chaplains in the Worship of God a Mercy He valued to some of His Servants above that of enjoying Wife and Children At Sermons He carried Himself with such a Reverence and Attention that His Enemies which hated yet did even admire Him in it as if He were expecting new Instructions for Government from that God whose Deputy He was or a new Charter for a larger Empire and He was so careful not to neglect any of those Exercises that if on Tuesday Mornings on which Dayes there used to be Sermons at Court He were at any distance from thence He would ride hard to be present at the beginnings of them When the State of His Soul required He was as ready to perform those more severe parts of Religion which seem most distastful to Flesh and Blood And He never refused to take to Himself the shame of those Acts wherein He had transgressed that He might give Glory to His God For after the Army had forced Him from Holmeby and in their several removes had brought Him to Latmas an house of the Earl of Devonshire on Aug. 1. being Sunday in the Morning before Sermon He led forth with Him into the Garden the Reverend Dr Sheldon who then attended on Him and whom He was pleased to use as His Confessour and drawing out of His Pocket a Paper commanded him to read it transcribe it and so to deliver it to Him again This Paper contained several Vows which He had obliged His Soul unto for the Glory of His Maker the advance of true Piety and the emolument of the Church And among them this was one that He would do Publick Penance for the Injustice He had suffered to be done to the Earl of Strafford His consent to those Injuries that were done to the Church of England though at that time He had yielded to no more than the taking away of the High Commission and the Bishops power to Vote in Parliament and to the Church of Scotland and adjured the Dr that if ever he saw Him in a Condition to observe that or any of those Vows he should solicitously mind Him of the Obligations as he dreaded the guilt of the breach should ly upon His own Soul This voluntary submission to the Laws of Christianity exceeded that so memorable humiliation of the good Emperour Theodosius for he never bewailed the Blood of those seven thousand Men which in three hours space he caused to be spilt at Thessalonica till the resolution of St Ambrose made him sensible of the Crime But the Piety of King Charles anticipated the severity of a Confessor for those Offences to which He had been precipitated by the Violence of others This Zeal and Piety proceeded from the Dedication of His whole Soul to the Honour of His God for Religion was as Imperial in the Intellectual as in the Affectionate Faculties of it This Profession of the Church of England was His not so much by Education as Choice and He so well understood the Grounds of it that He valued them above all other Pretensions to Truth and was able to maintain it against all its Adversaries His Discourse with Henderson shews how just a Reverence He had for the Authority of the Catholick Church against the Pride and Ignorance of Schismaticks yet not to prostitute His Faith to the Adulterations of the Roman Infallibility and Traditions Nevertheless the most violent Slanders the Faction laboured to pollute Him with were those that rendred Him inclinable to Popery From which He was so averse that He could not forbear in His indearments to the Queen when He committed a secret to Her Breast which He would not trust to any other and when He admired and applauded Her affectionate Cares for His Honour and Safety in a Letter which He thought no Eye but Hers should have perused to let Her know that He still differ'd from Her in Religion for He says It is the only thing of Difference in Opinion betwixt Vs. Malice made the Slanderers blind and they published this Letter to the World than which there could not be a greater Evidence imaginable of the King 's most secret thoughts and Inward Sincerity nor a more shameful Conviction of their Impudence and damnable Falshood Nor did He only tell the Queen so but He made Her see it in His Actions For as soon as His Children were born it was His first Care to prevent the satisfaction of their Mother in baptizing them after the Rites of Her own Church When He was to Die a time most seasonable to speak Truth especially by Him who all His Life knew not how to Dissemble He declares His Profession in Religion to be the same with that which He found left by His Father King James How little the Papists credited what the Faction would have the World believe was too evident by the Conspiracies of their Fathers against His Life and Honour which the Discovery of Habernefield to whose relations the following practices against Him and the Church of England gained a belief brought to light They were mingled likewise
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
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
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
the composing and ending of those unhappy Differences and Distractions about which so much blood hath been already spilt which Treaty may by the blessing of God who is the disposer of all mens hearts and of all events be a means to produce a Peace and whereas it is the Duty and hath been the practice of Christians under Affliction to set apart some time for publick and solemn Humiliation and Prayer for removing of God's Judgments and particularly for a Blessing and good Success to the means conducing to their Deliverance We do therefore by this Our Praclamation appoint and streightly charge and command that on Wednesday being the 5. of February next ensuing a solemn Fast be kept in all places within Our Dominions whither the notice of this Our Proclamation shall or may come before that time that both Prince and People may then joyn together in a true Humiliation and Devout and earnest Prayers to God that He would be pleased so to bless and prosper this intended Treaty that it may produce a happy Peace in all Our Dominions such as may be for his Honour and the good of His Church and of Us and all Our Subjects And We do hereby charge and require all Our Subjects of what degree or condition soever they be which shall have notice of this Our Proclamation That they do religiously prepare and apply themselves to a due observation of the same by Fasting Humiliation and Prayer on that day and in hearing of God's Word as they will answer to God their neglect of this Christian Duty and as will Answer to Us their neglect of this Our just and necessary Command And for the better and more orderly observation of this Fast We do hereby appoint that the Form of Prayer and Service of God set forth in the Book heretofore published for the Monthly Fast with such Alterations and Additions as shall be prepared and fitted for this present purpose and published in Print before the said day shall be used in all Churches and Chapels where this Fast shall be kept Given at Our Court at Oxford this 27. day of January in the Twentieth year of Our Reign 1644. God Save the KING HIS Majesty having received an Account from His Commissioners of their proceedings in the late Treaty at Vxbridge to the end that all His People may be fully satisfied of His earnest and constant endeavours to procure the publick Peace whereby to put an end to these present Miseries hath commanded this full and plain Narrative of all the Passages concerning that Treaty to be made and published AFter His Majesty's Message from Evesham of the 4. of July last desiring and propounding a Treaty for Peace and His second Message from Tavestock of the 8. of September last renewing that desire at length on the 23. day of November last past the Earl of Denbigh and others repaired to His Majesty at Oxford with Propositions in these words following VVE Your Majesty's Loyal Subjects assembled in the Parliaments of both Your Kingdoms from the sense of that Duty we owe unto Your Majesty and of the deep Sufferings and many Miseries under which Your People of all Your Kingdoms lie bleeding in this unnatural War after long and serious consultation about the best ways and means of their Preservation and for settling Your Majesty's Throne and Your Subjects in Peace and Security have with common consent resolved upon these Propositions which we do humbly tender unto Your Majesty The humble Desires and Propositions for a safe and well-grounded Peace agreed upon by the mutual Advice and Consent of the Parliaments of both Kingdoms united by solemn League and Covenant to be presented to His Majesty I. That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations against both or either of the Houses of the Parliament of England and the late Convention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and Proceedings or against any for adhering unto them and all Indictments Outlawries and Attainders against any for the said Causes be declared Null suppressed and forbidden and that this be publickly intimated in all Parish-Churches within His Majesty's Dominions and all other places needful II. That His Majesty according to the laudable Example of His Royal Father of happy memory may be pleased to swear and sign the late solemn League and Covenant and that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliaments respectively with such Penalties as by mutual Advice of both Kingdoms shall be agreed upon III. That the Bill be passed for the utter abolishing and taking away of all Archbishops Bishops their Chancellours and Commissaries Deans and Sub-deans Deans and Chapters Arch-deacons Canons and Prebendaries and all Chaunters Chancellours Treasurers Sub-treasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate Church and all other their under-Officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such Alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenborough 29 of Novemb. 1643. and joint Declaration of both Kingdoms IV. That the Ordinance concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament V. That Reformation of Religion according to the Covenant be settled by Act of Parliament in such manner as both Houses shall agree upon after Consultation had with the Assembly of Divines And for as much as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and Uniforminy in matters of Religion that such Unity and Uniformity in Religion according to the Covenant as after Consultation had with the Divines of both Kingdoms now assembled shall be joyntly agreed upon by both Houses of the Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively VI. That for the more effectual disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and deluding the Laws and for the better discovering and speedy conviction of Recusants an Oath be established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory worshipping of the consecrated Host Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appointed by the said Act to be sufficient conviction in Law of Recusancy VII An Act of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion VIII An Act for the true levying of the Penalties against them
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
Act of Parliament the Deputy or chief Governour or other Governours of Ireland be nominated by both Houses of the Parliament of England or in the Intervals of Parliament by the said Commissioners to continue during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the said Commissioners to be approved or disallowed by both Houses at their next sitting and that the Judges of both Benches and of the Exchequer in Ireland be nominated by both Houses of Parliament to continue quamdiu bene se gesserint and in the Intervals of Parliament by the aforesaid Commissioners to be approved or disallowed by both Houses at their next sitting Together with these last Propositions they delivered the Treaty of the sixth of August 1642. and the Ordinance of the 11 th of April therein mentioned together with another of the 9 th of March which see in the Appendix N o 7 and 8. The Kings Commissioners Paper 9. February WE desire to know what your Lordships intend or expect by those Words in your first Paper concerning Ireland and His Majesty to assist since you propose to have the prosecution of the War of Ireland to be setled in both Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms Their Answer 9. Feb. BY the words in our Paper concerning Ireland and His Majesty to assist we conceive is to be understood the giving of His Royal Assent to such Acts of Parliament as shall be presented unto him by both Houses for raising of Moneys from the Subject and for other things necessary to the prosecution of the War in Ireland and to be further aiding by his Power and Countenance in whatsoever shall be requisite for the better carrying on of that War The King's Commissioners Paper 10. Feb. WE conceive that His Majesty had and hath Power to make a Cessation in Ireland and having upon just grounds and for the good and safety of His Protestant Subjects there and for the preservation of that whole Kingdom consented to such a Cessation we desire to be informed by your Lordships how that Cessation can be declared void without a breach of Faith and Honour in His Majesty and we are ready by Conference particularly to inform your Lordships of the Motives which induced His Majesty to consent to that Cessation Their Answer 10. Feb. WE conceive that His Majesty had not Power to make the Cessation in Ireland nor had any just grounds to do the same and therefore we insist as in our former Paper That an Act of Parliament be passed to make void the Cessation of Ireland and conceive that His Majesty is bound in Honour and Justice to consent unto the same and we are ready to confer with your Lordships as is desired and to receive your Lordships full Answer to this and the other particulars expressed in our Paper concerning Ireland After long Debates in Conference which spent the greatest part of the day touching the Motives of that Cessation and the King's Power to make it His Majesties Commissioners delivered in this Paper 10. Feb. WE have received no satisfaction or information in your Lordships Debate to alter our opinion of his Majesties Power to make the Cessation in Ireland and having carefully perused and considered the Statute alledged by your Lordships we cannot find any particular clause in that Statute neither have your Lordships mentioned any though often desired by us so to do whereby His Majesties Power to make a Cessation there is taken away and therefore we are still of opinion that His Majesty had full Power to make and consent to that Cessation And we conceive that we have given your Lordships an account of very just grounds to induce His Majesty to do the same it appearing to His Majesty by the Letters and Advice from the Lords Justices and Council of that Kingdom and of the Officers of His Majesties Army there which we have read to your Lordships and of which Letters and Advices we now give Copies to your Lordships That his Majesties good Protestant Subjects of that Kingdom were in imminent danger to be over-run by the Rebels and His Army to be disbanded for want of necessary Supplies and that there was no such probable way for their Preservation as by making a Cessation Neither have your Lordships given us any satisfying Reasons against the making the said Cessation or made it appear to us that that Kingdom could have been preserved without a Cessation and therefore we cannot apprehend how His Majesty can with Justice and honour declare the same to be void We shall be ready against the next time assigned for the Treaty touching Ireland to give your Lordships a further Answer to your Propositions concerning that Argument the Treaty concerning Ireland of the sixth of August 1642. and the Ordinance of the 11. of April 1644. which we did never see till your Lordships delivered us Copies of them making so great an Alteration in the Government there that we cannot be prepared for the present to make a full Answer to those Propositions Their Answer 10. Feb. IT is very contrary to our expectation to find your Lordships unsatisfied after those Arguments and Reasons alledged by us that His Majesty had not Power to make the Cessation with the Rebels in Ireland and that upon the perusal of the Statute it appears not to you that His Majesty had no Power to make that Cessation it is strange to us your Lordships should forget all the other Arguments used by us from the Common-Law from other Proceedings in Parliament and Circumstances as this case stands on which we still insist and do affirm that His Majesty had no Power to make or consent to that Cessation we do not see any just grounds in the Copies of the Letters given us by your Lordships for His Majesties assenting to the Cessation nor do we know by whom those Letters were written We are therefore still clearly of opinion notwithstanding all your Lordships have alledged that it was unfit for His Majesty to agree unto that Cessation being destructive to His good Subjects and to the Protestant Religion there and only for the advantage of the Popish Rebels to the high Dishonour of God the Disservice of His Majesty and evident prejudice of His three Kingdoms We therefore again desire your Lordships full Answer to what we have delivered to you concerning Ireland The King's Commissioners Paper 10. Feb. WE have given your Lordships our Reasons why we are not satisfied with your Arguments that His Majesty had not Power to make the Cessation and as upon the perusal of the Statute we can find no ground for that Opinion so your Lordships in your whole Debate have not insisted or mentioned one clause in that Statute though often desired which makes it good neither have your Lordships given us any Argument from the Common-Law other than by telling us That it is against the Common-Law
not given full and satisfactory Answers concerning Religion the Militia and Ireland you cannot for the Reasons above mentioned expect an addition of time neither have we received any Instructions to continue this Treaty longer than the twenty days of which this is the last And as for your Lordships Safe-Conduct we conceive the Three Sundays last past being not accounted any days of the Treaty so this next Sunday is not to be esteemed one of the two days allowed after the Treaty in your Lordships Safe-Conduct but your Lordships are to have two days besides this next Lords day The King's Commissioners Reply 22. February WE cannot express the great sadness of our hearts that all our earnest endeavours to give your Lordships satisfaction in all particulars of this Treaty have produced no better effects towards a blessed Peace which his Majesty and we who are trusted by him do so heartily pray for and that so many and great Offers made by us to your Lordships in the particulars we have Treated upon should not be thought a good progress on our part in the said Treaty as we find by your Lordships last Paper to our great grief they are not and therefore that this must be the last day of the Treaty We desire your Lordships to consider that we being intrusted by his Majesty to Treat with your Lordships for a safe and well grounded Peace have upon the matter of your Lordships Propositions consented to so many particulars and alterations of very great importance and that your Lordships who were to Treat with us have not abated one tittle of the most severe and rigorous of your Propositions saving what you were pleased the last Night to propose in the point of Time concerning the Militia which though it seems to be limited to seven years in truth leaves it as unlimited as it was before in your-Propositions for at the end of seven years it must not be exercised otherwise than shall be settled by his Majesty and the two Houses of Parliament so that all the Legal Power now in his Majesty is taken away and not restored after the seven years expired Neither is there a full consent to that limitation offered by your Lordships the Commissioners of the Parliament of Scotland Nor have your Lordships offered to us any prospect towards Peace other than by submitting totally to those Propositions the which if we should do we should consent to such Alterations as by Constructions and Consequences may dissolve the whole frame of the present Government both Ecclesiastical and Civil in this Kingdom And though the particulars proposed by your Lordships have by Debate appeared not only evidently unreasonable but literally considered to comprehend things to be extended to Powers not intended by your selves yet your Lordships have not been pleased either to restrain or interpret any particular in any other manner than as is set forth in the said Propositions In the matter of Religion we have offered all such Alterations as we conceive may give satisfaction to any Objections that have been or can be made against that Government and have given your Lordships Reasons not onely why we cannot consent to your Lordships Propositions but that even those Propositions if consented to could not be in order to a Reformation or to the procuring the publick Peace And we must desire your Lordships to remember that though you do not onely in your Covenant which you require may be taken by his Majesty and enjoyned to be taken by all his Subjects undertake the Reformation in point of Government but even in point of Doctrine too thereby laying an imputation upon the Religion it self so long professed in this Kingdom with the general approbation of all Reformed Churches yet your Lordship have not given us the least Argument nor so much as intimated in your Debate the least Prejudice to the Doctrine of the Church of England against which we presume you cannot make any colourable Objection nor have you given us the view in particular of the Government you desire should be submitted to in the place of that you propose to be abolished and therefore we propose to your Lordships if the Alterations proposed by us do not give your Lordships satisfaction that so great an Alteration as the total Abolition of a Government established by Law may for the Importance of it and any Reformation in Doctrine for the Scandal of it be suspended till after the Disbanding of all Armies his Majesty may be present with the Two Houses of Parliament and calling a National Synod may receive such Advice both from the one and the other as in a matter of so high concernment is necessary and we are most confident that his Majesty will then follow the Advice which shall be given him And as any Reformation thus regularly and calmly made must needs prove for the singular Benefit and Honour of the Kingdom so we must appeal to your Lordships whether the contrary that is an Alteration even to things though in themselves good can by the Principles of Christian Religion be enforced upon the King or Kingdom In the business of the Militia though your Lordships do not deny that the Jealousies and apprehensions of Danger are mutual and that the chief end of depositing the Militia in the hands of certain Persons is for security against those Jealousies and possible Dangers yet your Lordships insist That all those Persons to be entrusted shall be nominated by the Two Houses of Parliament in England and the Estates of the Parliament in Scotland and that the time for that great general and unheard-of Trust shall be in such manner that though it seem to be limited to seven years yet in truth by declaring that after those seven years it shall not be otherwise exercised than His Majesty and the Two Houses of Parliament shall agree His Majesty may thereby be totally and for ever devested of the power of the Sword without which He can neither defend Himself against Foreign Invasions nor Domestick Insurrections nor execute His Kingly Office in the behalf of His Subjects to whom He is sworn to give protection And to both these your Lordships add the introducing a Neighbour-Nation governed by distinct and different Laws though united under one Sovereign to a great share in the Government of this Kingdom In stead of consenting to these Changes we have offered and proposed to your Lordships That the Persons to be trusted with the Militia of the Kingdom may be nominated between us or if that were refused that an equal number shall be named by you and the other number by his Majesty and that half the Forts and places of Strength within the Kingdom shall be in the Custody of those whom you think fit to be trusted therewith and the other half in such hands as his Majesty pleases to commit the same to and all persons as well those nominated by your Lordships as by his Majesty to take an Oath for the due discharge
unto the Kingdom of England by the Kingdom of Scotland upon the first Monthly allowance which shall grow due to the Scotish Army from the time they shall make their first entrance into the Kingdom of England 7. That the Kingdom of Scotland to manifest their willingness to their utmost ability to be helpful to their Brethren of England in this common Cause will give the Publick Faith of the Kingdom of Scotland to be joyntly made use of with the Publick Faith of the Kingdom of England for the present taking up of Two hundred thousand Pounds sterling in the Kingdom of England or elsewhere for the speedy procuring of the said Hundred thousand Pounds sterling as aforesaid as also a considerable sum for the satisfying in good proportion the Arrears of the Scotish Army in Ireland 8. That no Cessation nor any Pacification or Agreement for Peace whatsoever shall be made by either Kingdom or the Armies of either Kingdom without the mutual Advice and Consent of both Kingdoms or their Committees in that behalf appointed who are to have full Power for the same in case the Houses of the Parliament of England or the Parliament or Convention of Estates of Scotland shall not sit 9. That the Publick Faith of the Kingdom of Scotland shall be given to their Brethren of England that neither their entrance into nor their continuance in the Kingdom of England shall be made use of to any other ends then are expressed in the Covenant and in the Articles of this Treaty and that all matters of difference that shall happen to arise between the Subjects of the two Nations shall be resolved and determined by the mutual Advice and Consent of both Kingdoms or by such Committees as for this purpose shall be by them appointed with the same Power as in the precedent Article 10. That in the same manner and upon the same conditions as the Kingdom of Scotland is now willing to aid and assist their Brethren of England the Kingdom of England doth oblige themselves to aid and assist the Kingdom of Scotland in the same or like cases of streights and extremities 11. Lastly it is agreed and concluded that during the time that the Scotish Army shall be imployed as aforesaid for the defence of the Kingdom of England there shall be fitted out as Men of War eight Ships whereof six shall be of Burthen betwixt One hundred and Twenty and two hundred Tun the other between three and four hundred Tun whereof two shall be in lieu of the two Ships appointed by the Irish Treaty all which shall be maintained at the charge of the Kingdom of England to be imployed for the defence of the Coast of Scotland under such Commanders as the Earl of Warwick for the time of his being Admiral shall nominate with the approbation of the Committees of both Kingdoms which Commanders shall receive from the said Earl general Instructions that they do from time to time observe the Directions of the Committees of both Kingdoms The Ordinance for calling the Assembly of Divines An Ordinance of the Lords and Commons in Parliament for the calling of an Assembly of Learned and Godly Divines and others to be consulted with by the Parliament for the settling of the Government and Liturgy of the Church of England and for vindicating and clearing of the Doctrine of the said Church from false Aspersions and Interpretations WHereas amongst the infinite Blessings of Almighty God upon this Nation none is or can be more dear unto us than the purity of our Religion and for that as yet many things remain in the Liturgy Discipline and Government of the Church which do necessarily require a further and more perfect Reformation than as yet hath been attained and whereas it hath been declared and resolved by the Lords and Commons assembled in Parliament that the present Church-government by Arch-bishops Bishops their Chancellours Commissaries Deans Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchy is evil and justly offensive and burthensom to the Kingdom a great impediment to Reformation and growth of Religion and very prejudicial to the State and Government of this Kingdom and that therefore they are resolved that the same shall be taken away and that such a Government shall be settled in the Church as may be most agreeable to Gods Holy Word and most apt to procure and preserve the Peace of the Church at home and nearer agreement with the Church of Scotland and other reformed Churches abroad and for the better effecting hereof and for the vindicating and clearing of the Doctrine of the Church of England from all false Calumnies and Aspersions it is thought fit and necessary to call an Assembly of Learned Godly and Judicious Divines who together with some Members of both the Houses of Parliament are to consult and advise of such matters and things touching the Premisses as shall be proposed unto them by both or either of the Houses of Parliament and to give their Advice and Counsel therein to both or either of the said Houses when and as often as they shall be thereunto required Be it therefore ordained by the Lords and Commons in this present Parliament assembled That all and every the Persons hereafter in this present Ordinance named that is to say Algernon Earl of Northumberland William Earl of Bedford Philip Earl of Pembroke and Montgomery William Earl of Salisbury Henry Earl of Holland Edward Earl of Manchester William Lord Viscount Say and Seal Edward Lord Viscount Conway Philip Lord VVharton Edward Lord Howard of Escr John Selden Esquire Francis Rous Esquire Edmund Prideaux Esquire Sir Henry Vane Knight senior John Glyn Esquire Recorder of London John VVhite Esquire Bulstrode VVhitelock Esquire Humphry Salway Esquire Mr. Serjeant VVild Oliver Saint-John Esquire His Majesties Sollicitor Sir Benjamin Rudyard Knight John Pym Esquire Sir John Clotworthy Knight John Maynard Esquire Sir Henry Vane Knight junior VVilliam Pierrepont Esquire William VVheeler Esquire Sir Thomas Barrington Knight VValter Young Esquire Sir John Evelin Knight Herbert Palmer of Ashwel Batchelor in Divinity Oliver Bowles of Sutton Batchelor in Divinity Henry VVilkinson of VVaddesdon Batchelor in Divinity Thomas Valentine of Chalfont-Giles Batchelor in Divinity Doctor VVilliam Twisse of Newbury VVilliam Raynor of Egham Master Hannibal Gammon of Maugan Mr. Jasper Hicks of Lawrick D. Joshua Hoyle late of Dublin in Ireland VVilliam Bridges of Yarmouth Thomas VVincop of Ellesworth Doctor in Divinity Thomas Goodwin of London Batchelor in Divinity John Ley of Budworth in Cheshire Thomas Case of London John Pyne of Bereferrers Master VVhidden of Mooreton D. Richard Love of Ekington D. VVilliam Gouge of Blackfriers London D. Ralph Brownrigge Bishop of Exceter D. Samuel Ward Master of Sidney Colledge John White of Dorchester Edward Peal of Compton Stephen Marshall of Finchingfield Batchelor in Divinity Obadiah Sedgewick of Cogshall Batchelor in Divinity M. Carter Peter Clark of Carnaby William Mew of Estington Batchelor in Divinity
Quarterings nor Marchings and when it shall be found fit to send Troops out of either Army that the Persons to be sent out of the Scotish Army shall be commanded out by their own General the Lieutenant of Ireland prescribing the number which shall not exceed the fourth part of the whole Foot of the Scotish Army nor of the Horse appointed to joyn therewith whereunto they shall return when the Service is done And that no Officer of the Scotish Army shall be commanded by one of his own Quality and if the Commanders of the Troops so sent out of either Army be one of Quality that they command the Party by turns And it is nevertheless provided that the whole Scotish Army may be called out of the Province of Vlster and the Horses appointed to joyn with them by His Majesties Lieutenant of Ireland or other chief Governour or Governours of that Kingdom for the time being if he or they shall think fit before the Rebellion be totally suppressed therein Eleventhly it is agreed That the Scotish Army shall be entertained by the English for three Months from the twentieth of June last and so along after until they be discharged and that they shall have a Months Pay advanced when they are first mustered in Ireland and thereafter shall be duely paid from Month to Month and that there shall be one Muster-master appointed by the English Muster-master General to make strict and frequent Musters of the Scotish Army and that what Companies of Men shall be sent out of Scotland within the compass of the Ten thousand Men shall be paid upon their Musters in Ireland although they make not up compleat Regiments Twelfthly it is agreed That the Scotish Army shall receive their discharge from the King and Parliament of England or from such Persons as shall be appointed and authorized by His Majesty and both Houses of Parliament for that purpose and that there shall be a Months warning before-hand of their disbanding which said discharge and Months warning shall be made known by His Majesty and them to the Council of Scotland or the Lord Chancellor a Month before the discharging thereof and that the Common Souldiers of the Scotish at their dismission shall be allowed fourteen days Pay for carrying of them home Thirteenthly it is provided and agreed That at any time after the Three Months now agreed upon for the entertainment of the Scotish Army shall be expired and that the Two Houses of Parliament or such persons as shall be authorized by them shall give notice to the Council of Scotland or to the Lord Chancellor there that after one Month from such notice given the said Two Houses of Parliament will not pay the said Scotish Army now in Ireland any longer then the said Two Houses of Parliament shall not be obliged to pay the said Army any longer then during the said Month any thing in this Treaty contained to the contrary notwithstanding The Ordinances of the 9. of March and 11. of April Die Sabbati 9. Martii 1643-44 Resolved upon the Question by the Lords and Commons in Parliament assembled THat he who doth or shall command in chief over the said Army by joynt Advice of both Kingdoms shall also command the rest of the British Forces in Ireland and for the further managing of that War and prosecuting the Ends expressed in the Covenant that the same be done by joynt Advice with the Committees of both Kingdoms Die Jovis 11. April 1644. Resolved upon the Question by the Lords and Commons in Parliament assembled THat the Earl of Leven Lord General of the Scots Forces in Ireland being now by the Votes of both Houses agreed to be Commander in chief over all the Forces as well British as Scots according to the Fourth Article of the result of the Committees of both Kingdoms passed both Houses be desired with all convenient speed by the Advice of the said Committees to appoint and nominate a Commander in chief under his Excellency over the said Forces to reside with them upon the place Resolved c. THat Committees be nominated and appointed by the joynt Advice of both Kingdoms of such Numbers and Qualities as shall be by them agreed on to be sent with all convenient speed to reside with the said Forces and enabled with all ample Instructions by the joynt Advice of both Kingdoms for the Regulating of the said Forces and the better carrying on of that War The Letter of the Lords Justices and Council of Ireland to the Speaker of the House of Commons in England 4. April 1643. a Duplicate whereof the Original being sent to VVestminster was by them sent to Master Secretary Nicholas for His Majesty SIR OUR very good Lord the Lord Marquess of Ormond having in his March in his last Expedition consulted several times with the Commanders and Officers of the Army in a Council of War and so finding that subsistence could not be had abroad for the Men and Horses he had with him or for any considerable part of them it was resolved by them that his Lordship with those Forces should return hither which he did on the six and twentieth of March. In his return from Rosse which in the case our Forces stand he found so difficult to be taken in as although our Ordinance made a breach in their Walls it was found necessary to desert the Siege he was encountred by an Army of the Rebels consisting of about six thousand Foot and six hundred and fifty Horse well armed and horsed yet it pleased God so to disappoint their counsels and strength as with those small Forces which the Lord Marquess had with him being of fighting men about two thousand five hundred Foot and five hundred Horse not well armed and for the most part weakly horsed and those as well Men as Horses much weakned by lying in the Fields several Nights in much Cold and Rain and by want of Mans-meat and Horse-meat the Lord Marquess obtained a happy and glorious deliverance and Victory against those Rebels wherein were slain about three hundred of them and many of their Commanders and others of Quality and divers taken Prisoners and amongst those Prisoners Colonel Cullen a Native of this City who being a Colonel in France departed from thence and came hither to assist the Rebels and was Lieutenant-General of their Army in the Province of Leimster and the Rebels Army were totally routed and defeated and their Baggage and Munition seized on by His Majesties Forces who lodged that Night where they had gained the Victory and on our side about twenty slain in the fight and divers wounded We have great cause to praise God for magnifying his Goodness and Mercy to His Majesty and this His Kingdom so manifestly and indeed wonderfully in that Victory However the Joy due from us upon so happy an occasion is we confess mingled with very great Distraction here in the apprehension of our Unhappiness to be such as although the
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
immediately disband all His Forces and dismantle all His Garrisons and being accompanied with His Royal not His Martial Attendance return to His two Houses of Parliament and there reside with them And for the better security of all His Majesties Subjects He proposeth That He with His said two Houses immediately upon His coming to Westminster will pass an Act of Oblivion and Free Pardon and where His Majesty will further do whatsoever they will advise Him for the good and Peace of this Kingdom And as for the Kingdom of Scotland his Majesty hath made no mention of it here in regard of the great loss of time which must now be spent in expecting an Answer from thence but declares That immediately upon his coming to Westminster he will apply himself to give them all satisfaction touching that Kingdom If his Majesty could possibly doubt the success of this Offer he could use many Arguments to perswade them to it but shall only insist on that great One of giving an instant Peace to these afflicted Kingdoms Given at Our Court at Oxford the 23 d of March 1645. His MAJESTIES Letter to the Marquess of Ormond Lord Lieutenant of Ireland from Oxford April 13. 1646. CHARLES R. RIght Trusty and entirely Beloved Cousin and Counsellour We greet you well Having used all possible and Honourable means by sending many gracious Messages to the two Houses of Parliament wherein We have offered them all they have heretofore desired and desire from them nothing but what they themselves since these unhappy Wars have offered to procure Our Personal Treaty with them for a safe and well-grounded Peace and having instead of a dutiful and peaceable return to Our said Messages received either no Answer at all or such as argues nothing will satisfie them but the Ruin not onely of Us Our Posterity and Friends but even of Monarchy it self and having lately received very good Security that We and all that do or shall adhere to Us shall be safe in Our Persons Honours and Consciences in the Scotish Army and that they shall really and effectually joyn with Us and with such as will come in unto Us and joyn with them for Our Preservation and shall imploy their Armies and Forces to assist Us to the procuring of an happy and well-grounded Peace for the good of Us and Our Kingdoms in the recovery of Our just Right We have resolved to put Our selves to the hazard of passing into the Scots Army now lying before Newark and if it shall please God that We come safe thither VVe are resolved to use Our best endeavour with their Assistance and with the conjunction of the Forces under the Marquess of Montrosse and such of Our well-affected Subjects of England as shall rise for Us to procure if it may be an honourable and speedy Peace with those who have hitherto refused to give ear to any means tending thereunto Of which Our Resolution We held it necessary to give you this Advertisement as well to satisfie you and Our Council and Loyal Subjects with you to whom We will that you communicate these Our Letters that failing in Our earnest and sincere endeavours by Treaty to put an end to the Miseries of these Kingdoms We esteemed Our self obliged to leave no probable Expedient unattempted to preserve Our Crown and Friends from the Usurpation and Tyranny of those whose Actions declare so manifestly their Designs to overthrow the Laws and happy astablished Government of this Kingdom And now we have made known to you Our Resolution We recommend to your special care the disposing and managing of Our Affairs on that side as you shall conceive most for Our Honour and Service being confident the course VVe have taken though with some hazard to Our Person will have a good influence on that Our Kingdom and defer if not altogether prevent the Rebels transporting of Forces from them into that Kingdom And VVe desire you to satisfie all Our well-affected Subjects on that side of Our Princely Care of them whereof they shall receive the effect as soon as God shall enable Us. VVe desire you to use some means to let Us and Our Council at Oxon hear frequently from you and of your Actions and Condition there And so God prosper your Loyal Endeavours Given at Our Court at Oxon the 13 th of April 1646. By His Majesties Command Edward Nicholas His MAJESTIES Message to both Houses from Southwell May 18. 1646. 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 CHARLES R. HIS Majesty having understood from both his Houses of Parliament that it was not safe for him to come to London whither he had purposed to repair if so he might by their Advice to do whatsoever may be best for the good and Peace of these Kingdoms until he shall first give his Consent to such Propositions as were to be presented to him from them and being certainly informed that the Armies were marching so fast up to Oxford as made that no fit place for Treating did resolve to withdraw himself hither only to secure his own Person and with no intention to continue this VVar any longer or to make any Division between his two Kingdoms but to give such contentment to both as by the blessing of God he might see a happy and well-grounded Peace thereby to bring Prosperity to these Kingdoms answerable to the best times of his Progenitors And since the settling of Religion ought to be the chiefest care of all Councils his Majesty most earnestly and heartily recommends to his two Houses of Parliament all the ways and means possible for speedy finishing this pious and necessary VVork and particularly that they take the Advice of the Divines of both Kingdoms assembled at VVestminster Likewise concerning the Militia of England for securing his People against all pretensions of Danger his Majesty is pleased to have it settled as was offered at the Treaty at Vxbridge all the Persons being to be named for the Trust by the two Houses of the Parliament of England for the space of seven years and after the expiring of that term that it be regulated as shall be agreed upon by his Majesty and his two Houses of Parliament And the like for the Kingdom of Scotland Concerning the VVars in Ireland his Majesty will do whatsoever is possible for him to give full satisfaction therein And if these be not satisfactory his Majesty then desires that all such of the Propositions as are already agreed upon by both Kingdoms may be speedily sent unto him his Majesty being resolved to comply with his Parliament in every thing that shall be for the happiness of his Subjects and for the removing of all unhappy Differences which have produced so many sad effects His Majesty having made these Offers he will neither question the thankful acceptation of them nor doth he doubt but that his
two Kingdoms will be careful to maintain him in his Honour and in his just and lawful Rights which is the only way to make a happy Composure of these unnatural Divisions and likewise will think upon a solid way of conserving the Peace between the two Kingdoms for time to come and will take a speedy course for easing and quieting his afflicted People by satisfying the Publick Debts by disbanding of all Armies and whatsoever shall be judged conducible to that end that so all hinderances being removed he may return to his Parliament with mutual Comfort Southwell May 18. 1646. POST-SCIPT His Majesty being desirous to shun the further effusion of Blood and to evidence his real Intentions to Peace is willing that his Forces in and about Oxford be disbanded and the Fortifications of the City dismantled they receiving honourable Conditions VVhich being granted to the Town and Forces there his Majesty will give the like order to the rest of the Garrisons His MAJESTIES Letter to the City of London from Newcastle May 19. 1646. For Our right Trusty and well-beloved the Lord Maior Aldermen and Common-Council of Our City of London CHARLES R. RIght Trusty and VVell-beloved VVe greet you well Having expressed Our Resolution to the two Houses of Our Parliament of England and the Committee of Estates of Our Parliament of Scotland to give all just satisfaction to the joynt desires of both Kingdoms VVe have now likewise thought fit to assure the two chief Cities of both Our Kingdoms That nothing is more grievous to Us than the Trouble and Distractions of Our People and that nothing on Earth is more desired by Us than that in Religion and Peace with all the comfortable Fruits of both they may henceforth live under Us in all Godliness and Honesty And this Profession VVe make for no other end but that you may know immediately from Our Selves Our Integrity and full resolution to comply with Our Parliaments in every thing for settling Truth and Peace and Our desire to have all things speedily concluded which shall be found requisite for that end that Our Return to that Our Ancient City may be to the Satisfaction of Our Parliament the good liking of you and all Our good People and to Our own greater joy and comfort VVe bid you heartily farewell From Newcastle the 19 th of May 1646. His MAJESTIES Message to both Houses from Newcastle June 10. 1646. 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 CHARLES R. HIS Majesty looking with grief of heart upon the sad sufferings of his People in his three Kingdoms for some years past and being afflicted with their Distresses and unquiet condition through the Distractions about Religion the keeping of Forces on Foot in the Field and Garrisons the not satisfying of Publick Debts and the fears of the further effusion of Blood by the continuance of an unnatural VVar in any of these Kingdoms or by rending and dividing these Kingdoms so happily united and having sent a gracious Message unto both Houses of Parliament and the Commissioners of the Parliament of Scotland expressing the necessary Causes of his coming from Oxford unto the Scotish Army without any intention to make a division where he is in Freedom and right capacity to settle a true Peace and containing such Offers as he conceived would have been accepted with a general Clause of complying with their desires and being impatient of Delays and not acquainted with the particulars which may give contentment to them his Majesty doth earnestly desire That the Propositions of Peace so often promised and so much expected may be speedily sent unto him That upon consideration of them he may apply himself to give such satisfaction as may be the foundation of a firm Peace And for the better and more speedy attaining thereunto his Majesty doth further propound That he may come to London with Safety Freedom and Honour where he resolves to comply with his Houses of Parliament in every thing which may be most for the good of his Subjects and perfect what remains for settling both Kingdoms and People in a happy Condition being likewise most confident that they according to their re-iterated Declarations and solemn Protestations will be zealous in the maintenance of his Honour and just and lawful Rights And his Majesty desires the Houses of Parliament to disburthen the Kingdom of all Forces and Garrisons in their power except such as before these unhappy times have been maintained for the necessary defence and safety of this Kingdom So he is willing forthwith to disband all his Forces and Garrisons within the same as the inclosed Order herewith sent will evidence And if upon these Offers his Majesty shall have such satisfaction as he may be confident a firm Peace shall ensue thereon his Majesty will then give Order for his Son the Prince his present return Newcastle the 10th of June 1646. His MAJESTIES Letter to the Governours of His Garrisons from Newcastle June 10. 1646. To Our Trusty and VVell-beloved Sir Thomas Glenham Sir Thomas Tildesley Colonel H. Washington Col. Thomas Blagge Governours of Our Cities and Towns of Oxford Litchfield Worcester and Wallingford and all other Commanders of any Towns Castles and Forts in Our Kingdom of England CHARLES R. HAving resolved to comply with the desires of Our Parliament in every thing which may be for the good of Our Subjects and leave no means unassayed for removing all Differences amongst us therefore We have thought fit the more to evidence the reality of Our Intentions of settling a happy and firm Peace to require you upon honourable Terms to quit those Towns Castles and Forts intrusted to you by Us and to disband all the Forces under your several Commands Newcastle the tenth of June 1646. His MAJESTIES Letter to the Marquess of Ormond Lord Lieutenant of Ireland from Newcastle June 11. 1646. CHARLES R. RIght Trusty and entirely Beloved Cousin and Counsellor We greet you well Having long with much grief looked upon the sad Condition Our Kingdom of Ireland hath been in these divers years through the wicked and desperate Rebellion there and the bloody effects have ensued thereupon for the setling whereof We would have wholly applied Our selves if the Difference between Us and Our Subjects here had not diverted and withdrawn Us and not having been able by Force for that respect to reduce them We were necessitated for the present safety of Our Protestant Subjects there to give you Power and Authority to Treat with them upon such pious honourable and safe grounds as the good of that Our Kingdom did then require But for many Reasons too long for a Letter We think fit to require you to proceed no further in Treaty with the Rebels nor to engage Us upon any Conditions with them after sight hereof And having formerly found such real proofs of your ready
Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esquire Sir William Russell of Worcestershire Thomas Lee of Adlington Esquire Sir John Girlington Sir Paul Neale Sir William Thorold Sir Edward Hussey Sir Thomas Liddal sen Sir Philip Musgrave Sir John Digby of Nottinghamshire Sir Henry Fletcher Sir Richard Minshull Laurence Halstead John Denham Esquire Sir Edmond Fortescue Peter Sainthill Esquire Sir Thomas Tildesley Sir Henry Griffith Michael Wharton Esq Sir Henry Spiller Mr. George Benyon now called Sir George Benyon Sir Edward Walgrave Sir Edward Bishop Sir Robert Owseley Sir John Many Lord Chomley Sir Thomas Aston Sir Lewis Dives Sir Peter Osbourne Samuel Thornton Esq Sir John Lucas John Blaney Esque Sir Thomas Chedle Sir Nicholas Kemish Hugh Lloyd Esquire Sir Nicholas Crispe Sir Peter Ricaut and all such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their proceedings or have sworn or subscribed the Declaration against the Convention and Covenant and all such as have assisted the Rebellion in the North or the Invasion in the South of the said Kingdom of Scotland or the late Invasion made there by the Irish and their Adherents be removed from his Majesties Counsels 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 the Parliament of England or the Estates in the Parliament of Scotland respectively bear any Office or have any Imployment 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 from his Majesty and their Estates to be disposed as both Houses of the Parliament of England or the Estates of the Parliament in Scotland respectively shall think fit and that one full third part upon full value of the Estates of the persons aforesaid made incapable of Imployment as aforesaid be imployed for the payment of the Publick Debts and Damages according to the Declaration 1. Branch That the late Members or any who pretended themselves late Members of either House of Parliament who have not only deserted the Parliament but have also sate in the unlawful Assembly at Oxford called or pretended by some to be a Parliament and voted both Kingdoms Traitors and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without Advice and Consent of both Kingdoms bear any Office or have any imployment concerning the State or Commonwealth 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 of Scotland respectively shall think fit 2. Branch That the late Members or any who pretended themselves Members of either House of Parliament who have sate in the unlawful Assembly at Oxford called or pretended by some to be a Parliament and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Counsels and 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 Imployment concerning the State of Common wealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of the Parliament of England shall think fit 3. Branch That the late Members or any who pretended themselves Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the last of October 1644. be removed from his Majesties Counsels 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 Imployment concerning the State or Commonwealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of Parliament in England shall think fit 5. Qualification That all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be incapable of any place of Judicature or Office towards the Law Common or Civil and that all Serjeants Counsellours and Attorneys Doctors Advocates and Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be incapable of any practice in the Law Common or Civil either in publick or private and shall not be capable of any Preferment or Imployment in the Commonwealth without the Advice and Consent of both Houses of Parliament and that no Bishop or Clergy-man no Master or Fellow of any Colledge or Hall in either of the Universities or elsewhere or any Master of School or Hospital or any Ecclesiastical person who hath deserted the Parliament and adhered to the Enemies thereof shall hold or enjoy or be capable of any Preferment or Imployment in Church or Commonwealth but all their said several Preferments Places and Promotions shall be utterly void as if they were naturally dead nor shall they otherwise use their Function of the Ministry without Advice and Consent of both Houses of Parliament Provided that no Lapse shall incur by such Vacancy until six months past after notice thereof 6. Qualification That all persons who have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof are disabled to be Sheriffs Justices of the Peace Majors or other head-Officers of any City or Corporation Commissioners of Oyer and Terminer or to sit or serve as Members or Assistants in either of the Houses of Parliament or to have any Military imployment in this Kingdom without the Consent of both Houses of Parliament 7. Qualification 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 8. Qualification The Estates of those persons excepted in the first three precedent Qualifications and the Estates of Edward Lord Littleton and of William Laud late Archbishop of Canterbury to pay publick Debts and Damages 9. Qualification 1. Branch That two full parts in three to be divided of all the Estates of the Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traitors 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 2. Branch That two full parts in three to be divided of the Estates
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
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
such others as they shall authorise 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 Majesties 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 Chancellor or Lord Keeper Commissioners of the Great Seal or Treasury Lord Warden of the Cinque-Ports Chancellor of Exchequer and Dutchy Secretaries of State Master of the Rolles and Judges of both Benches and Barons of the Exchequer of England be nominated by both Houses of the Parliament of England to continue quamdiu se bene gesserint and in the intervals of Parliament by such others as they shall authorise 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-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 to be imployed and directed from time to time during the said space of ten years in such manner as shall be agreed upon and appointed by both Houses of Parliament And that no Citizen of the City of London nor any of the Officers of the said City shall be drawn forth or compelled to go out of the said City or Liberties thereof for Military service without their own free consent That an Act be passed for granting and confirming the Charters Customes Liberties and Franchises of the City of London notwithstanding any Nonuser Misuser or Abuser And that during the said ten years the Tower of London may be in the Government of the City of London and the Chief Officer and Governor from time to time during the said space to be nominated and removable by the Common-Council as are desired in your Propositions His Majesty having thus far expressed His Consent for the present satisfaction and security of His two Houses of Parliament and those that have adhered unto them touching your four first Propositions and other the particulars before specified as to all the rest of your Propositions delivered to Him at Hampton-Court not referring to those Heads and to that of the Court of Wards since delivered as also to the remaining Propositions concerning Ireland His Majesty desires only when He shall come to Westminster Personally to advise with His two Houses and to deliver His Opinion and the reasons of it which being done He will leave the whole matter of those remaining Propositions to the determination of His two Houses which shall prevail with Him for his Consent accordingly And His Majesty doth for His own particular only propose that He may have Liberty to repair forthwith to Westminster and be restored to a condition of absolute Freedom and Safety a thing which He shall never deny to any of His Subjects and to the possession of His Lands and Revenues and that an Act of Oblivion and Indemnity may pass to extend to all persons for all matters relating to the late unhappy Differences Which being agreed by His two Houses of Parliament His Majesty will be ready to make these His Concessions binding by giving them the force of Laws by His Royal Assent Votes concerning His MAJESTIES Propositions and Concessions Die Lunae Octobr. 2. 1648. Resolved by the Lords and Commons in Parliament assembled THat they are not satisfied in the Propositions made by His Majesty in His Letter And that a Letter be sent to the Commissioners in the Isle of Wight to acquaint them that the Houses do well approve of their proceedings and do give them thanks for their great care and pains in managing of this important and weighty business requiring them still to proceed and act punctually according to their Instructions But upon further Debate in the Treaty some things being yet further cleared and more fully granted by His Majesty out of His earnest desire of Peace they at last came so near to an Agreement that the Lower House after long consultation passed the following Vote Die Martis 5. Decembr 1648. Resolved upon the Question That the Answers of the King to the Propositions of both Houses are a Ground for the House to proceed upon for the Settlement of the Peace of the Kingdom The Chief Heads of the Remonstrance of the Army presented to the House of Commons Nov. 20. MDCXLVII To the Right Honourable the Commons of England Assembled in Parliament The humble Remonstrance of his Excellency the Lord General Fairfax and his General Council of Officers held at St. Albans Thursday the 16. of Novemb. 1648. The Remonstrance it self being very long and serving only to introduce their Propositions in the end we have thought fit to represent only the Propositions themselves as they are contracted in their own Abridgment FIrst That the Capital and grand Author of our Troubles the Person of the King by whose procurement and for whose Interest only of will and power all our Wars have been may be brought to Justice for the Treason Blood and Mischief he is therein guilty of Secondly That a timely day may be set for the Prince of Wales and the Duke of York to come in by which time if they do not that then they may be immediately declared incapable of any Government or Trust in this Kingdom or its Dominions and thence to stand exil'd for ever as Enemies and Traitors to dye without mercy if ever after found and taken therein Or if by the time limited they do render themselves that then the Prince be proceeded with as on his appearance he shall give satisfaction or not and the Duke as he shall give satisfaction may be considered as to future Trust or not But however that the Revenue of the Crown saving necessary allowances for the Children and for Servants and Creditors to the Crown be sequestred and the costly Pomp suspended for a good number of years and that this Revenue be for that time disposed toward publick Charges Debts and Damages for the easing of the
the Dean of Edinburgh while he was performing his Office and after that was done re-inforced their assault upon the Bishops whom the Earls of Roxbrough and Traquaire pretended to protect who indured some affronts that their Patience might provoke a greater rage in the Multitude which a vigorous punishment had easily extinguish'd For they that are fierce in a croud being singled through their particular fears become obedient And that Rabble that talks high against the determinations of their Prince when danger from the Laws is within their ken distrust their Companions and return to subjection But it soon appeared that this was not the bare effort of a mutinous Multitude but a long-formed Conspiracy and to this Multitude whose present terrour was great yet would have been contemptible in a short space there appeared Parties to head them of several Orders Who presently digested their Partisans into several Tables and concocted this Mutiny into a formal Rebellion To prosecute which they mutually obliged themselves and the whole Nation in a Covenant to extirpate Episcopacy and whatsoever they pleased to brand with the odious names of Heresie and Superstition and to defend each other against all Persons not excepting the King To reduce this people to more peaceful Practices the King sends Marquess Hamilton one who being caressed by His Majestie 's Favour had risen to such a degree of Wealth and Greatness that now he dreamed of nothing less than Empire to bring his Power to perfection at least to be Monarch of Scotland to which he had some pretensions by his birth as His Commissioner Who with a species of Loyalty dissembled that pleasure which he took in the opposition of the Covenanters whose first motions were secretly directed by his Counsels and those of his Dependents Traquair and Roxbrough for all his Allies were of that Party contrary to the custom of that Country where all the Members of a Family espouse the part of their Head though in the utmost danger and his Mother rid armed with Pistols at her Saddle-bow for defence of the Covenant By his actings there new seeds of Discontents and War were dayly sown and his Oppositions so faint that he rather encreased than allayed their fury By several returns to His Majesty for new Instructions he gave time to the Rebels to consolidate their Conspiracy to call home their Exiles of Poverty that were in Foreign Armies and provide Arms for open Force By his false representations of the state of things he induced the King to temporize with the too-potent Corruption of that Nation an Artifice King JAMES had sometimes practised and by granting their desires to make them sensible of the Evils which would flow from their own Counsels Therefore the King gave Order for revoking the Liturgy the High-Commission the Book of Canons and the Five Articles of Perth But the Covenanters were more insolent by these Concessions because they had gotten that by unlawful courses and unjust force which Modesty and Submission had never obtained and imputing these Grants to the King's Weakness not His Goodness they proceeded to bolder Attempts Indicted an Assembly without Him in which they abolished Episcopacy excommunicated the Bishops and all that adhered to them Afterwards they seised upon the King's Revenue surprised His Forts and Castles and at last put themselves into Arms. Provoked with these Injuries the King amasses a gallant Army in which was a very great appearance of Lords and Gentlemen and with these marches and incamps within two miles of Berwick within sight of the Enemy But their present Condition being such as could endure neither War nor Peace they endeavoured to dissipate that Army which they could not overthrow by a pretence to a Pacification For which they petitioned the King who yielded unto it out of His innate tenderness of His Subjects Blood So an Accord was made June 17. An. 1639 and the King disbands His Army expecting the Scots should do the like according to the Articles of Agreement But they being delivered from Fear would not be restrained by Shame from breaking their Faith For no sooner had the King disbanded but they protested against the Pacification printed many false Copies of it that might represent it dishonourable to the King retained their Officers in pay changed the old Form of holding Parliaments invaded the Prerogatives of the Crown and sollicited the French King for an aid of Men and Money This perfidious abuse of His Majestie 's Clemency made those that judge of Counsels by the issue to censure the King's Facility Some wondred how He could imagine there would be any Moderation in so corrupt a Generation of Men and that they who had broken the Peace out of a desire of War should now lay aside their Arms out of a love to Quiet That there would be alwaies the same causes to the Scots of disturbing England and opposing Government their unquiet Nature and Covetousness therefore unless some strong impression made them either unable or unwilling to distract our quiet the King was to look for a speedy return of their Injuries Others attributed the Accord to the King's sense that some eminent Officers in his own Camp were polluted with Counsels not different from the Covenanters and that Hamilton His Admiral had betrayed the seasons of fighting by riding quietly in the Forth of Edinburgh and had secret Conference with his Mother the great Nurse of the Covenant on Shipboard But most referred it to the King 's innate tenderness of His Subjects Blood and to His Prudence not to defile His Glory with the overthrow which seemed probable of a contemptible Enemy where the gains of the Victory could not balance the hazards of attempting it While Men thus discourse of the Scots Perfidiousness An. 1640 the King prepares for another Army and in order thereto calls a Parliament in Ireland and another in England for assistances against the Rebels in Scotland The Irish granted Money to raise and pay Eight Thousand Men in Arms and furnish them with Ammunition Yet this Example with the King's account of the Injuries done to Him and this Nation by the Scots and his promise of for ever acquitting them of Ship-money if now they would freely assist Him prevailed nothing upon the English Parliament whom the Faction drew aside to other Counsels And when the King sent Sr Henry Vane to remind them of His desires and to demand Twelve Subsidies yet to accept of Six but he industriously as was collected from his own and his Sons following practices insisted upon the Twelve without insinuation of the lesser quantity His Majesty would be contented with which gave such an opportunity and matter for seditious Harangues that the House was so exasperated as that they were about to Remonstrate against the War with Scotland To prevent this ominous effect of the falseness of His Servant the King was forced to dissolve the Parliament May 5. yet continued the Convocation which granted Him Four Shillings in the Pound for
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
Fight which being varied with different successes in the several divisions each party drew off by degrees and neither found cause to boast of a Victory The King being returned to Oxford the Parliament wearied with the Complaints of the oppressed Nation who now grew impatient under the Distractions take into Consideration His Majesty's two Messages for Peace and sent Propositions for it in the name of the two Parliaments of England and Scotland united by Solemn League and Covenant Which though they seemed the desires of minds that intended nothing less than the common Tranquillity yet the King neglects them not but hoping that in a Treaty Commissioners might argue them into Reason offers it which with much difficulty the Houses are drawn to accept but yet would have it at Vxbridge a place but about fifteen miles distant from London and above twice that distance from Oxford And accordingly Commissioners from both Parties met on Jan. 30. While the King was providing for the Treaty and forming Instructions for His Ministers the Faction found the Parliament other work by new designs and to habituate the People to an abhorrency of Peace fed them with blood The two Hothams first were to be the Sport of the Multitude and that the Father might have more than a single death he was drawn back in his journey to the Scaffold Decemb. 31. that his Son might be executed before him as he was Jan. 10. when after he had expressed his fury to those Masters whom they had served to their ruines his Head was chopt off And on Jan. 20. the Father is brought to the place that was defiled with his Son's blood and had his own added to it These were not much lamented by any for the memory that they first kindled the Flame of the Nation kept every eye dry The People thus fed with courser blood a cleaner Sacrifice was afterwards presented William Laud Archbishop of Canterbury and Primate of all England He had indured Imprisonment four years and passed through a Trial of many months in which he had acquitted himself with such a confidence as became the Innocency and Constancy of a Christian Bishop and Confessor but yet must fall to please the Scots and those merciless men who imputed God's anger in the difficulties of Success against their Prince to the continuance of this Prelate's life therefore he was voted guilty of High Treason by the House of Commons and was condemned in the House of Peers though they have no power over the life of the meanest Subject without the concurrence of the King when there were but seven Lords present and all those not consenting to the Murder to be drawn hanged and quartered And this was the first Example of murdering men by Votes of killing by an Order of Parliament when there is no Law It was moved they say by some that he might be shipp'd over to New-England to die by the Contempt and Malice of those People But this seemed too great an Honour because it would make his end as his life was much like that of the Primitive Bishops who for their Piety were banished to Barbarous Coasts or condemned to the Mines Or else it would be like an Athenian Ostracism and confess him too great and good to live among us Therefore this motion was rejected yet the Lords upon his Petition to the distaste of some Commons changed the manner of that vile Execution to that more generous of being beheaded To the Scaffold he was brought Jan. 10. after he had endured some affronts in his Antichamber in the Tower by some sons of Schism and Sedition who unseasonably that morning he was preparing himself to appear before the great Bishop of our Souls would have him give some satisfaction to the Godly for so they called themselves for his Persecutions which he called Discipline To whom he answered That he was now shortly to give account of all his Actions at an higher and more equal Tribunal and desired he might not be disturbed in his Preparations for it When he came to the Scene of his death he appeared with that chearfulness and serenity in his face as a good Conscience doth beautifie the owners with and it was so conspicuous that his Enemies who were ashamed to see his Innocency pourtraited in his Countenance did report he had drunk some Spirits to force his nature from a paleness He preached his own Funeral Sermon on that Text Heb. 12. 2. and concluding his life with Prayer submitted himself to the stroke of the Ax. He was a Person of so great Abilities which are the Designations of Nature to Dignity and Command that they raised him from low beginnings to the highest Office the Protestant Profession acknowledges in the Church And he was equal to it His Learning appear'd eminent in his Book against Fisher and his Piety illustrious in his Diary although published by One that was thirsty of his blood and polluted with many malicious comments and false Surmises to make him odious He was of so Publick a Spirit that both the Church and State have lasting Monuments of the Vertuous use of his Prince's favour at his Admittance into which he dedicated all the future Emoluments of it to the Glory of God and the Good of Men by a Projection of many noble Works most of which he accomplished and had finished the rest had not the Fate of the Nation checked the current of his Designs and cut off the Course of his Life He was not contented by himself only to serve his Generation for so he might have appeared more greedy of Fame than desirous of the Universal Benefit but he endeavoured to render all others as Heroick if they aimed at a Capacity for his Friendship for I have heard it from his Enemies no great man was admitted to a confidence and respect with him unless he made his Address by some Act that was for the Common Good or for the Ornament and Glory of the Protestant Faith Learned men had not a better Friend nor Learning it self a greater Advancer he searched all the Libraries of Asia and from several parts of the World purchased all the Ornaments and Helps of Literature he could that the English Church might have if possible by his Care as many Advantages for Knowledge as almost all Europe did contribute to the Grandeur of that of Rome The Outward Splendour of the Clergy was not more his Care than their Honour by a grave and pious Conversation he would put them into a power of doing more good but was severe against their Vices and Vanities He scorned a private Treasure and his Kindred were rather relieved than raised to any greatness by him In his Election of Friends he was determinated to the Good and Wise and such as had both Parts and Desires to profit the Church had his closest Embraces if otherwise it happened their frauds not his choice deserved the blame Both Papists and Sectaries were equally his Enemies one Party feared
as well as say it else you say little But that the conforming of the Church Discipline to the Civil Policy should be a depraving of it I absolutely deny for I aver that without it the Church can neither flourish nor be happy And for your last instance you shall do well to shew the prohibition of our Saviour against addition of more Officers in the Church than he named and yet in one sense I do not conceive that the Church of England hath added any for an Archbishop is only a distinction for Order of Government not a new Officer and so of the rest and of this kind I believe there are divers now in Scotland which you will not condemn as the Moderators of Assemblies and others 4. Where you find a Bishop and Presbyter in Scripture to be one and the same which I deny to be alwaies so it is in the Apostles time now I think to prove the Order of Bishops succeeded that of the Apostles and that the name was chiefly altered in reverence to those who were immediately chosen by our Saviour albeit in their time they caused divers to be called so as Barnabas and others so that I believe this Argument makes little for you As for your proof of the antiquity of Presbyterian Government it is well that the Assembly of Divines at Westminster can do more than Eusebius could and I shall believe when I see it for your former Paper affirms that those times were very dark for matter of fact and will be so still for Me if there be no clearer Arguments to prove it than those you mention for because there were divers Congregations in Jerusalem Ergo what are there not divers Parishes in one Diocess your two first I answer but as one Argument and because the Apostles met with those of the inferiour Orders for Acts of Government what then even so in these times do the Deans and Chapters and many times those of the inferiour Clergy assist the Bishops But I hope you will not pretend to say that there was an equality between the Apostles and other Presbyters which not being doth in My judgment quite invalidate these Arguments And if you can say no more for the Churches of Corinth Ephesus Thessalonica c. than you have for Jerusalem it will gain no ground on Me. As for Saint Jerome it is well known that he was no great Friend to Bishops as being none himself yet take him altogether and you will find that he makes a clear distinction between a Bishop and a Presbyter as your self confesses but the truth is he was angry with those who maintained Deacons to be equal to Presbyters 5. I am well satisfied with the explanation of your meaning concerning the word Fallacy though I think to have had reason for saying what I did but by your favour I do not conceive that you have answered the strength of my Argument for when you and I differ upon the interpretation of Scripture and I appeal to the practice of the Primitive Church and the universal consent of the Fathers to be Judge between us Methinks you should either find a fitter or submit to what I offer neither of which to My understanding you have yet done nor have you shewn how waving those Judges I appeal unto the mischief of the interpretation by private Spirits can be prevented Indeed if I cannot prove by Antiquity that Ordination and Jurisdiction belong to Bishops thereby clearly distinguishing them from other Presbyters I shall then begin to misdoubt many of my former Foundations as for Bishop Davenant he is none of those to whom I have appealed or will submit unto But for the exception you take to Fathers I take it to be a begging of the Question as likewise those great discoveries of secrets not known to former Ages I shall call new-invented fancies until particularly you shall prove the contrary and for your Roman Authors it is no great wonder for them to seek shifts whereby to maintain Novelties as well as the Puritans As for Church-ambition it doth not at all terminate in seeking to be Pope for I take it to be no point of humility to indeavour to be independent of Kings it being possible that Papacy in a multitude may be as dangerous as in one 6. As I am no Judge over the Reformed Churches so neither do I censure them for many things may be avowable upon necessity which otherwayes are unlawful but know once for all that I esteem nothing the better because it is done by such a particular Church though it were by the Church of England which I avow most to reverence but I esteem that Church most which comes nearest to the purity of the Primitive Doctrine and Discipline as I believe this doth Now concerning Ordination I bad you prove that Presbyters without a Bishop might lawfully ordain which yet I conceive you have not done for 2 Tim. 1. 6. it is evident that Saint Paul was at Timothie's ordination and albeit that all the Seventy had their power immediately from Christ yet it is as evident that our Saviour made a clear distinction between the twelve Apostles and the rest of the Disciples which is set down by three of the Evangelists whereof Saint Mark calls it an Ordination Mark 3. 15. and Saint Luke sayes And of them he chose Twelve c. Luk. 6. 13. only Saint Matthew doth but barely enumerate them by their name of distinction Mat. 10. 1. I suppose out of modesty himself being one and the other two being none are more particular For the Administration of Baptism giving but not granting what you say it makes more for Me than you but I will not engage upon new Questions not necessary for My purpose 7. For my Oath you do well not to enter upon those Questions you mention and you had done as well to have omitted your instance but out of discretion I desire you to collect your Answer out of the last Section and for your Argument though the intention of my Oath be for the good of the Church collective therefore can I be dispensed withal by others than the representative Body certainly no more than the People can dispense with Me for any Oaths I took in their favours without the two Houses of Parliament As for future Reformations I will only tell you that incommodum non solvit Argumentum 8. For the King my Father's opinion if it were not to spend time as I believe needlesly I could prove by living and written testimonies all and more than I have said of Him for His perswasion in these points which I now maintain and for your defensive War as I do acknowledge it a great sin for any King to oppress the Church so I hold it absolutely unlawful for Subjects upon any pretence whatsoever to make War though defensive against their lawful Sovereign against which no less proofs will make Me yield but God's Word and let Me tell you that upon such points
for all this you are to make Me the best bargain you can and not discover your inlargement of power till you needs must And though I leave the managing of this great and necessary work entirely to you yet I cannot but tell you that if the suspension of Poining's Act for such Bills as shall be agreed upon between you there and the present taking away of the Penal Laws against Papists by a Law will do it I shall not think it a hard bargain so that freely and vigorously they engage themselves in My assistance against My Rebels of England and Scotland for which no conditions can be too hard not being against Conscience or Honour Copie to Ormond 27. February 1644. 5. XXVIII To the QUEEN OXFORD Mar. 5. MDCXLIV V. Dear Heart NOW is come to pass what I foresaw the fruitless end as to a present Peace of this Treaty but I am still confident that I shall find very good effects of it For besides that My Commissioners have offered to say no more full-measured reason and the Rebels have stucken rigidly their demands which I dare say had been too much though they had taken Me Prisoner so that assuredly the breach will light foully upon them We have likewise at this time discovered and shall make it evidently appear to the world that the English Rebels whether basely or ignorantly will be no very great difference have as much as in them lies transmitted the Command of Ireland from the Crown of England to the Scots which besides the reflection it will have upon these Rebels will clearly shew that Reformation of the Church is not the chief much less the only end of the Scotch Rebellion But it being presumption and no piety so to trust to a good Cause as not to use all lawful means to maintain it I have thought of one means more to furnish Thee with for My assistance than hitherto Thou hast had It is that I give Thee power to promise in My Name to whom thou thinkest most fit that I will take away all the Penal Laws against the Roman Catholicks in England as soon as God shall make Me able to do it so as by their means or in their favours I may have so powerful assistance as may deserve so great a favour and enable Me to do it But if Thou ask what I call that assistance I answer that when Thou knowest what may be done for it it will be easily seen if it deserve to be so esteemed I need not tell Thee what secrecy this business requires yet this I will say that this is the greatest point of confidence I can express to Thee for it is no thanks to Me to trust Thee in any thing else but in this which is the only thing of difference in opinion betwixt Us. And yet I know Thou wilt make as good a bargain for Me even in this I trusting thee though it concern Religion as if Thou wert a Protestant the visible good of My Affairs so much depending on it I have so fully instructed this Bearer Pooly that I will not say more to Thee now but that herewith I send Thee a new Cypher assuring Thee that none hath or shall have any Copy of it but My self to the end Thou mayest use it when Thou shalt find fit to write any thing which Thou wilt judge worthy of Thy pains to put in Cypher and to be decyphered by none but Me and so likewise from Him to Thee who is eternally Thine 20. 23. To My Wife the 5. March 1644. 5. by Pooly XXIX To the QUEEN OXFORD 13 March Old style Dear Heart WHAT I told thee last Week concerning a good parting with our Lords and Commons here was on Monday last handsomly performed and now if I do any thing unhandsom or disadvantageous to My self or Friends in order to a Treaty it will be meerly My own Fault For I confess when I wrote last I was in fear to have been pressed to make some mean overtures to renew the Treaty knowing that there were great labourings to that purpose but now I promise Thee if it be renewed which I believe will not without some eminent good success on My side it shall be to My honour and advantage I being now as well freed from the place of base and mutinous motions that is to say our Mungrel Parliament here as of the chief causers for whom I may justly expect to be chidden by Thee for having suffered Thee to be vexed by them Wilmot being already there Percy on his way and Sussex within few daies taking his journey to Thee but that I know thou carest not for a little trouble to free Me from great inconveniences Yet I must tell Thee that if I knew not the perfect stediness of Thy love to Me I might reasonably apprehend that their repair to Thee would rather prove a change than an end of their Villanies and I cannot deny but My confidence in Thee was some cause of this permissive trouble to Thee I have received Thine of the third of March by which Thou puttest Me in hope of assistance of men and money and it is no little expression of Thy love to Me that because of My business Festivals are troublesome to Thee but I see that Assemblies in no Countries are very agreeable to Thee and it may be done a purpose to make Thee weary of their companies and excuse Me to tell Thee in earnest that it is no wonder that mere Statesmen should desire to be rid of Thee Therefore I desire Thee to think whether it would not advantage Thee much to make a personal Friendship with the Queen Regent without shewing any distrust of Her Ministers though not wholly trusting to them and to shew Her that when Her Regency comes out and possibly before She may have need of Her Friends so that She shall but serve Her self by helping of Thee and to say no more but certainly if this Rebellion had not begun to oppress Me when it did a late great Queen had ended more glorious than She did In the last place I desire Thee to give Me a weekly account of Thy health for I fear lest in that alone Thou takest not care enough to express Thy kindness to Him who is eternally Thine The Northern news is rather better than what we first heard for what by Sir Langdale's and Montross's Victories Carlisle and the rest of our Northern Garrisons are relieved and we hope for this year secured and besides all this the Northern Horse are already returned and joyned with My Nephew Rupert To My Wife 13. March 1644. 5. by P. A. XXX To the QUEEN OXFORD Thursday 20. March Dear Heart UPON Saturday last I wrote to Thee by Sabran but this I believe may come as soon to Thee and I have received Thine of the seventh upon Monday last which gave Me great contentment both in present and expectation the quick passage being likewise a welcome circumstance and yet I
Esq Edmond Wilde Esquire James Chaloner Esquire Josias Barners Esquire Dennis Bond Esq Humphry Edwards Esquire Gregory Clement Esquire John Fry Esquire Thomas Wogan Esq Sir Gregory Norton Serjeant John Bradshaw Colonel Edmund Harvey John Dove Esq Colonel John Venne John Foulk Alderman Thomas Scot Esquire Thomas Andrews Alderman William Cawley Esquire Abraham Burrell Esquire Colonel Anthony Stapely Roger Gratwicke Esquire John Downes Esquire Colonel Thomas Horton Colonel Thomas Hammond Colonel George Fenwick Serjeant Robert Nichols Robert Reynolds Esquire John Liste Esquire Nicholas Love Esquire Vincent Potter Sir Gilbert Pickering John Weaver Esquire John Lenthal Esquire Sir Edward Baynton John Corbet Esquire Thomas Blunt Esquire Thomas Boone Esquire Augustine Garland Esquire Augustine Skinner Esquire John Dixwel Esquire Colonel George Fleetwood Simon Maine Esquire Colonel James Temple Colonel Peter Temple Daniel Blagrave Esquire Sir Peter Temple Colonel Thomas Waite John Brown Esquire John Lowry Esquire shall be and are hereby appointed Commissioners and Judges for the hearing Trying and Judging of the said Charles Stuart And the said Commissioners or any twenty or more of them shall be and are hereby Authorized and constituted an High Court of Justice to meet at such convenient times and places as by the said Commissioners or the major part or twenty or more of them under their hands and seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and to adjourn from time to time and from place to place as the said High Court or the major part thereof meeting shall hold fit and to take order for the charging of him the said Charles Stuart with the Crimes above mentioned and for the receiving His Personal Answer thereunto and for examination of Witnesses upon Oath if need be concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause to be executed speedily and impartially And the said Court is hereby Authorized and required to chuse and appoint all such Officers Attendanrs and other circumstances as they or the major part of them shall in any sort judge necessary or useful for the orderly and good managing of the premisses and Thomas Lord Fairfax the General with all Officers of Justice and other well-affected persons are hereby Authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the Trust hereby committed unto them Provided that this Ordinance and the Authority hereby granted do continue for the space of one Month from the Date of the making hereof and no longer After the reading of this the several Names of the Commissioners were called over every one who was present rising up and answering to his call The King having again placed Himself in the Chair with His face towards the Commissioners Silence was again ordered and Bradshaw with Impudence befitting his person and his place stood up and said CHARLES STUART King of England The Commons of England assembled in Parliament being deeply sensible of the Calamities that have been brought upon this Nation which is fixed upon you as the principal Author of it have resolved to make inquisition for Blood and according to that Debt and Duty they owe to Justice to God the Kingdom and themselves and according to the Fundamental Power that rests in themselves they have resolved to bring you to Trial and Judgment and for that purpose have constituted this High Court of Justice before which you are brought Then their Solicitor John Cook standing within a Bar on the right hand began My Lord in behalf of the Commons of England and of all the People thereof I do accuse CHARLES STUART here present of high Treason and high Misdemeanures and I do in the name of the Commons of England desire the Charge may be read unto him As he was speaking the King held up his Staffe and laying it on his shoulders two or three times bid him Hold a little But Bradshaw ordered him to go on and the Charge being delivered to their Clerk Bradshaw told the King Sir the Court Commands the Charge to be read If you have any thing to say afterwards you may be heard Then the Clerk being ordered to read began The Charge of the Commons of England against CHARLES STUART King of England of High Treason and other High Crimes exhibited to the High Court of Justice THat the said CHARLES STUART being admitted King of England and therein trusted with a limited Power to govern by and according to the Laws of the Land and not otherwise and by his Trust Oath and Office being obliged to use the Power committed to him for the good and benefit of the People and for the preservation of their Rights and Liberties yet nevertheless out of a wicked Design to erect and uphold in himself an unlimited and Tyrannical Power to Rule according to his Will and to overthrow the Rights and Liberties of the People yea to take away and make void the Foundations thereof and of all redress and remedy of Mis-government which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right Power of frequent and successive Parliaments or National Meetings in Council he the said Charles Stuart for accomplishment of such his Designs and for the protecting himself and his Adherents in his and their wicked practices to the same Ends hath traiterously and maliciously levied War against the present Parliament and the People therein Represented Particularly upon or about the thirtieth day of June in the year of our Lord one thousand six hundred forty and two at Beverly in the County of York and upon or about the thirtieth day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the Town of Nottingham when and where he set up his Standard of War and upon or about the twenty third day of October in the same year at Edge-Hill and Kineton field in the County of Warwick and upon or about the thirtieth day of November in the same year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the year of our Lord one thousand six hundred forty and three at Cavesham Bridge near Reading in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or near the City of Gloucester and upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks and upon or about the one and thirtieth day of July in the year of our Lord one thousand six hundred forty and four at Croperdy Bridge in the County of Oxon and upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places near adjacent in the County of Cornwall and
If the time spent in this Parliament be considered in relation backward to the long growth and deep root of those Grievances which we have removed to the powerful supports of those Delinquents which we have pursued to the great necessities and other charges of the Commonwealth for which we have provided or if it be considered in relation forward to many advantages which not only the present but future ages are like to reap by the good Laws and other proceedings in this Parliament we doubt not but it will be thought by all indifferent judgments that our time hath been much better imployed then in a far greater proportion of time in many former Parliaments put together and the charges which have been laid upon the Subjects and the other inconveniences which they have born will seem very light in respect of the benefit they have and may receive And for the matter of Protections the Parliament is so sensible of it that therein they intend to give them whatsoever ease may stand with Honour and Justice and are in a way of passing a Bill to give them satisfaction They have sought by many subtle practices to cause jealousies and divisions betwixt us and our brethren of Scotland by slandering their proceedings and intentions towards us and by secret endeavours to instigate and incense them and us one against another They have had such a party of Bishops and Popish Lords in the House of Peers as hath caused much opposition and delay in the prosecution of Delinquents hindered the proceedings of divers good Bills passed in the Commons House concerning the reformation of sundry great abuses and corruptions both in Church and State They have laboured to seduce and corrupt some of the Commons House to draw them into Conspiracies and Combinations against the Liberty of the Parliament and by their Instruments and agents they have attempted to disaffect and discontent His Majesties Army and to engage it for the maintenance of their wicked and traiterous designs the keeping up of Bishops in their Votes and Functions and by force to compel the Parliament to order limit and dispose their proceedings in such manner as might best concur with the intentions of this dangerous and potent faction And when one mischievous design and attempt of theirs to bring on the Army against the Parliament and the City of London had been discovered and prevented they presently undertook another of the same damnable nature with this addition to it to endeavour to make the Scotish Army neutral whilst the English Army which they had laboured to corrupt and invenome against us by their false and slanderous suggestions should execute their malice to the subversion of our Religion and the dissolution of our Government Thus they have been continually practising to disturb the Peace and plotting the destruction even of all the Kings dominions and have employed their Emissaries and Agents in them all for the promoting of their devilish designs which the vigilancy of those who were well-affected hath still discovered and defeated before they were ripe for execution in England and Scotland only in Ireland which was farther off they have had time and opportunity to mould and prepare their work and had brought it to that perfection that they had possessed themselves of that whole Kingdom totally subverted the Government of it rooted out Religion and destroyed all the Protestants whom the conscience of their duty to God their King and Countrey would not have permitted to joyn with them if by God's wonderful providence their main enterprise upon the City and Castle of Dublin had not been detected and prevented upon the very Eve before it should have been executed Notwithstanding they have in other parts of that Kingdom broken out into open Rebellion surprized Towns and Castles committed murders rapes and other villanies and shaken off all bonds of Obedience to His Majesty and the Laws of the Realm and in general have kindled such a fire as nothing but God's infinite blessing upon the wisdom and endeavours of this State will be able to quench it And certainly had not God in his great mercy unto this Land discovered and confounded their former designs we had been the Prologue to this Tragedy in Ireland and had by this time been made the lamentable spectacle of misery and confusion And now what hope have we but in God when as the only means of our subsistence and power of Reformation is under Him in the Parliament But what can we the Commons without the conjunction of the House of Lords and what conjunction can we expect there when the Bishops and Recusant Lords are so numerous and prevalent that they are able to cross and interrupt our best endeavours for Reformation and by that means give advantage to this malignant party to traduce our proceedings They infuse into the People that we mean to abolish all Church-government and leave every man to his own fancy for the Service and Worship of God absolving him of that Obedience which he owes under God unto His Majesty whom we know to be entrusted with the Ecclesiastical Law as well as with the Temporal to regulate all the members of the Church of England by such rules of order and discipline as are established by Parliament which is his great Council in all affairs both of Church and State We confess our intention is and our endeavours have been to reduce within bounds that exorbitant power which the Prelates have assumed unto themselves so contrary both to the Word of God and to the Laws of the Land to which end we past the Bill for the removing them from their Temporal power and employments that so the better they might with meekness apply themselves to the discharge of their functions Which Bill themselves opposed and were the principal instruments of crossing it And we do here declare that it is far from our purpose or desire to let loose the golden reins of Discipline and Government in the Church to leave private persons or particular Congregations to take up what form of Divine Service they please for we hold it requisite that there should be throughout the whole Realm a Conformity to that Order which the Laws enjoyn according to the Word of God and we desire to unburthen the Consciences of men of needless and superstitious Ceremonies suppress innovations and take away the monuments of Idolatry And the better to effect the intended Reformation we desire there may be a general Synod of the most grave pious learned and judicious Divines of this Island assisted with some from foreign parts professing the same Religion with us who may consider of all things necessary for the peace and good Government of the Church and represent the results of their consultations unto the Parliament to be there allowed of and confirmed and receive the stamp of Authority thereby to find passage and obedience throughout the Kingdom They have malitiously charged us that we intend to destroy and discourage
Learning whereas it is our chiefest care and desire to advance it and to provide a competent maintenance for conscionable and preaching Ministers throughout the Kingdom which will be a great encouragement to Scholars and a certain means whereby the want meanness and ignorance to which a great part of the Clergy is now subject will be prevented And we intend likewise to reform and purge the fountains of Learning the two Universities that the streams flowing from thence may be clear and pure and an honour and comfort to the whole Land They have strained to blast our proceedings in Parliament by wresting the interpretation of our Orders from their genuine intention They tell the people that our medling with the power of Episcopacy hath caused Sectaries and Conventicles when Idolatry and Popish Ceremonies introduced in the Church by the command of the Bishops have not only debarred the people from thence but expelled them from the Kingdom Thus with El ah we are called by this malignant party the Troublers of the State and still while we endeavour to reform their abuses they make us the Authors of those mischiefs we study to prevent For the perfecting of the Work begun and removing all future impediments we conceive these courses will be very effectual seeing the Religion of the Papists hath such Principles as do certainly tend to the destruction and extirpation of all Protestants when they shall have opportunity to effect it It is necessary in the first place to keep them in such a condition as that they may not be able to do us any hurt And for avoiding of such connivence and favour as hath heretofore been shewed unto them that His Majesty be pleased to grant a standing Commission to some choice men named in Parliament who may take notice of their encrease their counsels and proceedings and use all due means by execution of the Laws to prevent all mischievous designs against the Peace and Safety of this Kingdom That some good course be taken to discover the counterfeit and false conformity of Papists to the Church by colour whereof persons very much disaffected to the true Religion have been admitted into place of greatest authority and trust in the Kingdom For the better preservation of the Laws and Liberties of the Kingdom that all illegal Grievances and Exactions be presented and punished at the Sessions and Assizes and that Judges and Justices be very careful to give this in charge to the Grand-Jury and both the Sheriff and Justices to be sworn to the due execution of the Petition of Right and other Laws That His Majesty be humbly petitioned by both Houses to employ such Counsellours Ambassadours and other Ministers in managing His business at home and abroad as the Parliament may have cause to confide in without which we cannot give His Majesty such Supplies for support of His own estate nor such assistance to the Protestant party beyond the Sea as is desired It may often fall out that the Commons may have just cause to take exceptions at some men for being Counsellors and yet not charge those men with crimes for there be grounds of diffidence which lye not in proof there are others which though they may be proved yet are not legally criminal To be a known favourer of Papists or to have been very forward in defending or countenancing some great Offendors questioned in Parliament or to speak contemptuously of either House of Parliament or Parliamentary proceedings or such as are Factours or Agents for any foreign Prince of another Religion such are justly suspect to get Counsellours places or any other of trust concerning publick employment for money For all these and divers others we may have great reason to be earnest with His Majesty not to put His great affairs into such hands though we may be unwilling to proceed against them in any legal way of charge or impeachment That all Counsellours of State may be sworn to observe those Laws which concern the Subject in his Liberty That they may likewise take an Oath not to receive or give reward or pension from any foreign Prince but such as they shall within some reasonable time discover to the Lords of His Majesties Council And although they should wickedly forswear themselves yet it may herein do good to make them known to be false and perjured to those who employ them and thereby bring them into as little credit with them as with us That His Majesty may have cause to be in love with good counsel and good men by shewing Him in an humble and dutiful manner how full of advantage it would be to Himself to see His own estate settled in a plentiful condition to support His Honour to see His people united in ways of Duty to Him and endeavours of the publick good to see Happiness Wealth Peace and Safety derived to His own Kingdom and procured to His Allies by the Influence of His own Power and Government That all good courses may be taken to unite the two Kingdoms of England and Scotland to be mutually aiding and assisting of one another for the common good of the Island and honour of both To take away all differences amongst our selves for matters indifferent in their own nature concerning Religion and to unite our selves against the common enemies which are the better enabled by our Divisions to destroy us all as they hope and have often endeavoured To labour by all offices of friendship to unite the foreign Churches with us in the same Cause and to seek their liberty safety and prosperity as bound thereunto both by charity to them and by wisdom for our own good For by this means our own strength shall be encreased and by a mutual concurrence to the same common End we shall be enabled to procure the good of the whole body of the Protestant profession If these things may be observed we doubt not but God will crown this Parliament with such success as shall be the beginning and foundation of more Honour and Happiness to His Majesty then ever yet was enjoyed by any of His Royal Predecessours Die Mercurii 15. Decemb. 1641. It is this day resolved upon the Question by the House of Commons that Order shall be now given for the Printing of this REMONSTRANCE of the State of the Kingdom H. Elsinge Cler. Parl. D. Com. His MAJESTIES Answer to the Petition which accompanied the Declaration presented to him at Hampton-Court 1 December 1641. WE having received from you soon after Our return out of Scotland a long Petition consisting of many desires of great moment together with a Declaration of a very unusual nature annexed thereunto We had taken some time to consider of it as befitted Us in a matter of that consequence being confident that your own reason and regard to Us as well as Our express intimation by Our Comptroller to that purpose would have restrained you from the publishing of it till such time as you should have received Our Answer
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
that no alteration could produce that Happiness they imagined and if their natures were capable of such Trusts to take some of the chief of them so near Us that they might be witnesses of Our Actions and privy to Our Counsels that either Ingenuity or Gratitude might recover them from their desperate Inclinations Hereupon because most of the Grievances of Our People were conceived to proceed from the great liberty of Our Council-board or from some Orders and Directions from them We admitted to Our Privy Council seven or eight of those Lords who were eminently in esteem with Our People for their reputation of Honour and Justice some of whom We knew to be most passionately dis-inclined to the present managery of Civil affairs and to the Government of the Church and hoped that by a free communication of their Doubts Opinions and Counsels they would have received that satisfaction that they would have been excellent Instruments of a blessed Reformation and Confirmation in Church and State Having begun with this foundation of Confidence in Our Court by electing such Persons We made the same hast to apply particular Remedies to the visible known Diseases resolving those Remedies should be proportioned to the Counsel and Desires of both Houses which We thought the surest way to win at least a major part to the confession and acknowledgment of Our Justice and Affection The Star-Chamber had in the excess of Jurisdiction or tediousness and charge of Proceedings or measure and severity of Punishment invaded the Laws of the Land and Liberty of the Subject by the exercise of an Arbitrary Power We pressed not the Reformation of this Court though erected or setled by Act of Parliament in a wise time but at the instance of both Houses consented to the Abolition of it The High Commission Court had proceded with too much strictness in many cases where the Tender Consciences of many of Our weak Subjects were concerned and had so far out-grown the power of the Law that it would not be limited and guided by it but censured fined and imprisoned Our People for matters unpunishable by the Law We pressed not the Review of that Statute by which that Court was erected that such power might be qualified and provisions altered as had been grievous to the Subject nor desired that any other care might be taken for the upholding the Ecclesiastical Discipline than what the wisdom and piety of both Houses should think necessary but in compliance to the sufferings of Our People and the desires of both Houses consented to the Repeal of that branch of that Statute The Writs for Ship-mony whereby several summs of mony had been received from Our good Subjects for defence and safeguard of the Kingdom had lain heavy upon Our People yet were judged to be Legal Both Our Houses of Parliament declared that the grounds and reasons of that Judgment being That when the good and safety of the Kingdom in general is concerned and that the whole Kingdom is in Danger We might compel our Subjects to provide Ships Men and Victuals for the defence and safeguard of the Kingdom and that We were the sole Judge of that Danger and how the same might be prevented were contrary to and against the Laws and Statutes of this Realm the Property and Liberty of the Subject and to the Petition of Right without disputing our Right We were contented that all the proceedings in that business should be adjudged void and disannulled and the Judgments Enrolments and Entries thereupon should be vacated and cancelled in such manner as was desired Under colour of executing the Forrest-Laws and of keeping the Justice in Eyres Seat very many Persons had been grieved and vexed by Presentments Fines Judgments and Imprisonments the Meets Limits and Bounds of Forrests extended and some endeavours been made to set on foot Forrests where in truth none had been We no sooner received complaint of this but We passed an Act for the certainty of the Meets Limits and Bounds of all the Forrests in England with such further Provisions for the ease of Our Subjects as were desired at Our hands If by the negligence or wilfulness of persons trusted by Us any Grievance or inconvenience had been contracted in any part of Our Kingdom which seemed not to have so general an influence upon the whole upon the first clear Information We did Our part for the easing of them and therefore We passed for the benefit of Our good Subjects of Devon and Cornwall an Act against divers Incroachments and Oppressions in the Stannary-Courts And We were so confident this way to win the Hearts and Affections of all Our good Subjects and that both Our Houses of Parliament would at last find a time to give too that We made their Asking the only Rule to Our Grants and parted with any thing they desired Us to relinquish So in the Preamble to the Bill of Tonnage and Poundage We parted with Our Title of Imposing a Power adjudged good and exercised by Our Ancestors and though disputed never resolved against by Judgment in Parliament So in the Act for regulating the Office of Clark of the Marker because the undue execution thereof had been grievous to many of Our loving Subjects We consented that no Clark of the Market of Our House shall hereafter execute His Office in any part of Our Kingdom but only within the verge of Our Court and granted the Execution of that Office to the Mayors and Bayliffs of Towns Corporate and to the Lords of Liberties and Franchises and to their Deputies So because about the beginning of Our Reign several Writs had issued out of Our Court of Chancery in the business of Knighthood and been transmitted with their Returns into Our Court of Exchequer where the proceedings were not fit and warrantable We were contented by the Act for the prevention of vexatious proceedings touching the Order of Knighthood absolutely to part with and discharge a Right and Duty as unquestionably due to Us by the Law as any Service We can challenge So which is the highest instance of Trust that ever King gave His Subjects upon Information that Credit could not be obtained for so much Mony as was requisite for the relief of Our Army and People in the Northern parts for preventing the imminent Danger the Kingdom was in and for supply of Our present and urgent Occasions for fear the Parliament might be dissolved before Justice should be done upon Delinquents publick Grievances be redressed a firm Peace between the two Nations of England and Scotland concluded and before provision should be made for the repayment of such Monies as should be so raised though We knew what power We parted from and trusted Our Houses with by so doing and what might be the Consequence of such a Trust if unfaithfully managed We neglected all such suspicions which all Men now see deserved not to be slighted and We willingly and immediately passed that Act for the continuance of this
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
Majesty having by His Proclamation of the 22. of December upon the occasion of the Invasion threatned and in part begun by some of His Subjects of Scotland summoned all the Members of both Houses of Parliament to attend him here at Oxford we whose Names are under-written are here met and Assembled in obedience to those His Majesty's Commands His Majesty was pleased to invite us in the said Proclamation by these gracious expressions That His Subjects should see how willing He was to receive Advice for the preservation of the Religion Laws and Safety of the Kingdom and as far as in Him lay to restore it to its former Peace and Security His chief and only end from those whom they had trusted though He could not receive it in the Place where He appointed This most gracious Invitation hath not only been made good unto us but seconded and heightned by such unquestionable Demonstrations of the deep and Princely sense which possesses His Royal Heart of the Miseries and Calamities of His poor Subjects in this unnatural War and of His most entire and passionate Affections to redeem them from that sad and deplorable condition by all ways possible consistent either with His Honour or with the future Safety of the Kingdom that as it were Impiety to question the Sincerity of them so were it great want of Duty and Faithfulness in us His Majesty having vouchsafed to declare that He did call us to be Witnesses of His Actions and privy to His Intentions should we not testifie and witness to all the World the assurance we have of the Piety and sincerity of both We being most entirely satisfied of this truth we cannot but confess that amidst our highest afflictions in the deep and piercing sense of the present Miseries and Desolations of our Country and those farther Dangers threatned from Scotland we are at length erected to some chearful and comfortable thoughts that possibly we may yet by God's Mercy if his Justice have not determined this Nation for its Sins to total Ruine and Desolation hope to be happy Instruments of our Countries Redemption from the Miseries of War and restitution to the Blessings of Peace And we being desirous to believe your Lordship howsoever ingaged a person likely to be sensibly touched with these considerations have thought fit to invite you to that part in this blessed Work which is only capable to repair all our misfortunes and to buoy up the Kingdom from Ruine that is by conjuring you by all the Obligations that have Power upon Honour Conscience or publick Piety that laying to heart as we do the inwardly-bleeding condition of your Country and the outward more menacing Destruction by a Foreign Nation upon the very point of invading it you will co-operate with us to its Preservation by truly representing to and faithfully and industriously promoving with those by whom you are trusted this following most sincere and most earnest desire of ours That they joyning with us in a right sense of the past present and more threatning Calamities of this deplorable Kingdom some persons be appointed on either part and a place agreed on to treat of such a Peace as may yet redeem it from the brink of Desolation This Address we should not have made but that His Majesty's Summons by which we are met most graciously proclaiming Pardon to all without exception is evidence enough that His Mercy and Clemency can transcend all former Provocations and that He hath not only made us witnesses of His Princely Intentions but honoured us also with the name of being Security for them God Almighty direct your Lordship and those to whom you shall present these our most real desires in such a course as may produce that happy Peace and Settlement of the present Distractions which is so heartily desired and prayed for by us and which may make us Your c. From Oxford the 27. of Jan. 1643. We are not ashamed of that earnest meek and Christian request we made in that Letter though it was cryed through London Streets in scorn as the Petition of the Prince and Duke of York for Peace and we thought it would have prevailed to have procured a Treaty for so blessed a thing as Peace and for such an end as redeeming the Kingdom from Desolation the only desire of that our Letter But instead of a compliance with us in this Christian work of Treaty and Accommodation we received a mere frivolous Answer or rather a paper of Scorn in form of a Letter directed to the Earl of Forth wherein was inclosed a Printed paper called A National Covenant of the Kingdoms of England and Scotland and two other Papers in writing one called A Declaration of both those Kingdoms and the other A Declaration of the Kingdom of Scotland Pamphlets full of Treason Sedition and Disloyalty which being publick and needless here to be inserted the Copy of the Letter hereafter followeth My Lord I Received this day a Letter of the nine and twentieth of this instant from your Lordship and a Parchment subscribed by the Prince Duke of York and divers other Lords and Gentlemen but it neither having Address to the two Houses of Parliament nor therein there being any acknowledgment of them I could not communicate it to them My Lord the maintenance of the Parliament of England and of the Privileges thereof is that for which we are all resolved to spend our blood as being the foundation whereupon all our Laws and Liberties are built I send your Lordship herewith a National Covenant solemnly entred into by both the Kingdoms of England and Scotland and a Declaration passed by them both together with another Declaration of the Kingdom of Scotland I rest Your Lordships humble Servant Essex Essex-House Jan. 30. 1643. Whosoever considers this Letter will easily find it was fully understood to whom ours was desired to be communicated under the expression of those by whom their General was trusted And although it be pretended because there was no Address to the two Houses of Parliament nor ackuowledgment of them it could not be communicated to them it is notoriously known he did so far impart it that a Committee of theirs advised the Answer and it appears by the penning they all concurred in the resolution therein mentioned whereby it is evident that this was but an excuse framed to avoid a Treaty And what could that printed Covenant and two Declarations enclosed signifie but to let us know that before we come to any Treaty we must also joyn in that Covenant with them for the absolute extirpation of Church-Government here without nay though against the Kings Consent submit the Lives Liberties and Estates of us and all those who according to their Allegiance have assisted His Majesty to their Mercy and admit and justifie the Invasion from Scotland according to the plain sense of their Declaration which all indifferent Men will think strange Preparatives to a Treaty for Peace and after such
what business soever without leave from the Earl of Essex in pursuance of which Order though the same passed only the Commons a sworn Messenger of His Majesty's hath been barbarously put to death for carrying a Legal Writ to London we thought any address for Peace would most successfully pass through His hands and that when we had considered how unhappily he had been made an Instrument of so much Blood and Devastation he would with great chearfulness have interposed in a business of Reconciliation and at least have met us half way in so blessed a Work and therefore with His Majesty's leave which He most readily and graciously gave us and for which we doubt not He shall receive the Thanks and Prayers of all His good Subjects we direct a Letter to that purpose to him signed under our hands Whosoever reads that Letter and we hope it will be read by all men will bear us witness and it will be a Witness against those who have rejected it that we have done our parts In stead of vouchsafing us any Answer or proposing us any other way towards Peace if that which we proposed was not thought convenient he writes a short Letter to the Earl of Forth General of His Majesty's Army acknowledging the receipt of ours but saying that it neither having Address to the two Houses of Parliament nor therein there being any acknowledgement of them he could not Communicate it to them whereas the Address was in the way prescribed prescribed under pain of Death no Address being allowed as aforesaid but by the Earl of Essex and he being desired to represent to and promove with those by whom he is trusted our most sincere and earnest desire of a Treaty so that if there had been the least inclination to or enduring of an Overture of Peace he might have as easily communicated it to all those by whom he is instrusted as to a Committee by whose Advice 't is well known his Answer was sent and with it and as part of it a Paper intituled The Declaration of the Kingdom of Scotland and A Declaration of the Kingdoms of England and Scotland and another A solemn League and Covenant the Declarations and Covenant being against the King of both Kingdoms without the consent of and against the major part of the Nobility and we are confident the Gentry and Commonalty of This. And if his Lordship would make good his own Letter and spend his Blood or but use his endeavour for the maintenance of the Parliament of England being indeed the foundation whereupon all Our Laws and Liberties are supported we should not Treat at this distance at least a Treaty would not have been rejected We suffered not Our Selves to be discouraged with this refusal but a safe Conduct was desired for two Gentlemen against whom there neither was nor could be the least exception to go to Westminster to present such Propositions as might best conduce to the Peace of the Kingdom conceiving that by such means our meaning and intentions might best appear and all formalities and unnecessary insisting and mistakes upon words might be removed This safe Conduct which hath never been denied by His Majesty or His Generals to any person who hath desired to have admittance to Him was likewise absolutely refused by the Earl of Essex yet with some expressions That if any Propositions should be sent to those by whom he was intrusted he would use his utmost endeavours to advance the Peace which though it seem'd nothing agreeable to his former Answers obtained yet so much credit with us that we besought His Majesty once more in His own Royal Name to press and desire a Treaty and to direct His Message under such a Title that they who call themselves the two Houses of Parliament could not take any Exception but should be compelled to return some Answer or other And an Answer it hath drawn from them but such an one as will sufficiently inform the World if there could yet have remained any doubt of it how much they are Enemies to Peace Those Answers Declarations and that Covenant are likewise publick to all men God and the World must judge between us In the mean time we must without bitterness or sharpness of Language to which neither example or provocation shall transport us tell these men That most of us are too well known even to themselves to be suspected to incline to be either Papists or Slaves or that we can possibly be made Instruments to advance either Popery or Tyranny And since the defence of the Religion Laws and Liberties of the Kingdom seems to be and in truth is on our part the Argument of this bloody Contention and that we are endeavouring all ways to destroy one another in the behalf of that we all do or all pretend to desire we think our selves obliged to Truth to the present Age and to Posterity to let the World know That as we are much more tender of the Religion Laws and Liberty of the Kingdom than of our Lives and Fortunes so the uneasie Condition wherein we are and the heavy Judgments and Proscriptions imposed on us by our Equals have proceeded and been caused from that Conscience Loyalty and Duty in which we have been Born and Bred and from which we could not swerve without the manifest breach of our Allegiance and those civil Oaths we are obliged by As we hope will appear to all men by this our ensuing Declaration We shall pass over only acknowledging His Majesty's abundant care and favour to His People those excellent Laws made this Parliament for the vindication and removal of those Mischiefs and Inconveniences which seemed to threaten our Rights and Liberty to all which there are very few amongst us who concurred not fully however we are now traduced with the negligence of both and that most gracious Offer of His Majesty to consent to an Act for the ease of tender Consciences in matters indifferent which if it had been accepted would have prevented many of the Miseries have since besallen this poor Kingdom And because the Name and Privilege of Parliament is pretended in defence of those Actions which are done contrary to the known Laws by which only Right and Wrong can be measured and determined and by that venerable Name many of our Companions and Friends have been led into unwarrantable Actions before we come to consider the state and condition of the Religion Laws and Liberty of the Kingdom by these Distractions we shall let the World know how much the inherent and essential Privileges of Parliament have been violated how we being called by His Majesty and trusted by our Country with their Suffrages in that Council hath been driven and are now kept from the place whither we were first called by His Majesty and where some Members still sit and lastly how far this miserable and to say no more this unjustifiable Civil War and this desperate and odious Invasion of a
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
have said in that Protestation you mention and We thank you for being satisfied with it in which God knows Our Resolution to be so firm and stedfast that We will give any Security under Heaven for the observation of it And as Our greatest desire at this present is to meet in a full and free Convention of Parliament which We are confident would quickly put an end to all these Troubles So when it shall please God to restore that Blessing to Us We shall value and esteem that Council and frequently consult with it and be advised by it as the best means to make both King and People truly happy and We shall then by an Act given wipe out the footsteps of these extraordinary Supplies which nothing but this real visible Necessity which oppresses us all could have compelled Us to make use of and which shall never be mentioned or remembred by Us to the least Prejudice of your Rights and Liberties And in the mean time We shall leave nothing undone for the preservation of particular Contracts and prevention of the disorder and licence of the Souldier which is in Our Power to do no particular Person enduring half that sadness of heart for those Breaches and Pressures which We Our Self do For the prevention and suppression whereof We shall proceed with all Rigour and Severity Lastly as the support and maintenance of the Religion Laws and Privileges of Parliament is as you well know the only Argument of Our defensive Arms so those being secured We shall with all imaginable Joy lay down those Arms And as you have been Our Witnesses and Our Assistants in Our earnest desires of Peace so We promise you We shall not only with the same earnestness always embrace it if it shall be offered but pursue and press it upon the least likelihood of Opportunity And this Our Resolution by God's Blessing shall never be altered by any Advantages or prosperous Success His MAJESTY'S Protestation I DO Promise in the presence of Almighty God and as I hope for his Blessing and Protection That I will to the utmost of My Power defend and maintain the true Reformed Protestant Religion established in the Church of England and by the Grace of God in the same will live and die I desire to Govern by the known Laws of the Land and that the Liberty and Property of the Subject may be by them preserved with the same care as My own just Rights And if it please God by His blessing upon this Army raised for My necessary defence to preserve Me from this Rebellion I do solemnly and faithfully Promise in the sight of God to maintain the just Privileges and Freedom of Parliament and to govern by the known Laws of the Land to My utmost Power and particularly to observe inviolably the Laws consented to by Me this Parliament In the mean while if this time of War and the great necessity and streights I am now driven to beget any violation of those I hope it shall be imputed by God and Man to the Authors of this War and not to Me Who have so earnestly laboured for the preservation of the Peace of this Kingdom When I willingly fail in these particulars I will expect no Aid or Relief from any Man or Protection from Heaven But in this Resolution I hope for the chearful Assistance of all good Men and am confident of God's Blessing MDCXLIV The Declaration of the most Excellent and Potent Prince CHARLES King of Great Britain sent to the Protestant Churches beyond the Seas CHARLES by the Providence of Almighty God King of England Scotland France and Ireland Defender of the Faith To all those who profess the true Reformed Protestant Religion of what Nation degree and condition soever they be to whom this present Declaration shall come Greeting Whereas We are given to understand that many false Rumors and Scandalous Letters are spread up and down amongst the Reformed Churches in Foreign parts by the politick or rather the pernicious industry of some ill-affected Persons that We have an inclination to recede from that Orthodox Religion which We were born baptized and bred in and which We have firmly professed and practised throughout the whole course of Our Life to this moment and that We intend to give way to the introduction and publick Exercise of Popery again in Our Dominions Which Conjecture or rather most detestable Calumny being grounded upon no imaginable foundation hath raised these horrid Tumults and more than barbarous Wars throughout this flourishing Island under pretext of a kind of Reformation which would not only prove incongruous but incompatible with the Fundamental Laws and Government of this Kingdom We desire that the whole Christian World should take notice and rest assured that We never entertained in Our Imagination the least thought to attempt such a thing or to depart a jot from that holy Religion which when we received the Crown and Sceptre of this Kingdom We took a most Solemn and Sacramental Oath to profess and protect Nor doth Our most constant practice and quotidian visible presence in the exercise of this sole Religion with so many Asseverations in the head of Our Armies and the publick Attestation of Our Barons with the circumspection used in the Education of Our Royal Off-spring besides divers other undeniable Arguments only demonstrate this but also that happy Alliance of Marriage We contracted betwixt Our Eldest Daughter and the Illustrious Prince of Orange most clearly confirms the reality of Our Intentions herein by which Nuptial Engagement it appears further that Our endeavours are not only to make a bare Profession thereof in Our Own Dominions but to inlarge and corroborate it abroad as much as lyeth in Our Power This most holy Religion of the Anglicane Church ordain'd by so many Convocations of Learned Divines confirm'd by so many Acts of National Parliaments and strengthned by so many Royal Proclamations together with the Ecclesiastick Discipline and Liturgy thereunto appertaining which Liturgy and Discipline the most eminent of Protestant Authors as well Germans as French as well Danes as Swedes and Switzers as well Belgians as Bohemians do with many Elogies and not without a kind of envy approve and applaud in their publick Writings particularly in the Transactions of the Synod of Dort wherein besides other of Our Divines who afterwards were Prelates one of Our Bishops assisted to whose Dignity all due respects and precedency was given this Religion We say which Our Royal Father of blessed Memory doth publickly assert in that His famous Confession address'd as We also do this Our Protestation to all Christian Princes this this most holy Religion with the Hierarchy and Liturgy thereof We solemny protest that by the help of Almighty God We will endeavour to Our utmost Power and last period of Our Life to keep entire and inviolable and will be careful according to Our duty to Heaven and the tenor of the aforesaid most sacred Oath at Our
which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss IX That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duly executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom X. The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of Parliament there shall think fit XI That the King do give His Royal Assent To an Act for the due Observation of the Lords day And to the Bill for the suppression of Innovations in Churches and Chappels in and about the Worship of God and for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom And to the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colleges of Westminster Winchester and Eaton And to an Act in like manner to be agreed upon for the suppression of Interludes and Stage-playes this Act to be perpetual And to an Act for the taking the Accompts of the Kingdom And to an Act to be made for relief of sick and maimed Souldiers and of poor Widows and Children of Soldiers And to such Act or Acts for raising of Moneys for the payment and satisfying of the publick Debts and Damages of the Kingdom and other publick uses as shall hereafter be agreed on by both Houses of Parliament And to an Act or Acts of Parliament for taking away the Court of Wards and Liveries and all Wardships Liveries Primer seisins and Ouster le maines and all other charges incident or arising for or by reason of Wardship Livery Primer seisin or Ouster le main And for the taking away of all Tenures by Homage and all Fines Licences Seisures and Pardons for Alienation and all other charges incident thereunto and for turning of all Tenures by Knights service either of His Majesty or others or by Knights service or soccage in Capite of His Majesty into free and common Soccage and that His Majesty will please to accept in recompence hereof 100000 pounds per annum And give Assurance of His consenting in the Parliament of Scotland to an Act ratifying the Acts of Convention of the Estates of Scotland called by the Council and Conservatory of Peace and the Commissioners for the common Burthens and assembled the 22 day of June 1643. and several times continued since in such manner and with such additions and other Acts as the Estates convened in this present Parliament shall think convenient XII That an Act be passed in the Parliament of both Kingdoms respectively for confirmation of the Treaties passed betwixt the two Kingdom viz. the large Treaties the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Berwick of the 29. of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. with all other Ordinances and Proceedings passed betwixt the two Kingdoms in pursuance of the said Treaties XIII 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 Parliament to be managed by the joynt advice of both Kingdoms and the King to assist and to do no Act to discountenance or molest them therein XIV That an Act be passed in the Parliament of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30. of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. That the Persons who shall expect no Pardon be only these following RUPERT and MAURICE Count Palatines of the Rhene James Earl of Derby John Earl of Bristol William Earl of Newcastle Francis Lord Cottington John Lord Pawlet George Lord Digby Edward Lord Littleton William Laud Arch-Bishop of Canterbury Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Dery Sir John Biron Knight William Widdrington Colonel George Goring Henry Jermin Esq Sir Ralph Hopton Sir Francis Doddington M. Endymion Porter Sir George Ratcliffe Sir Marmaduke Langdale Sir John Hotham Captain John Hotham his Son Sir Henr Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddel Junior Colonel ..... Ware Sir John Strangwaies Sir John Culpeper Sir Richard Floyd John Bodvile Esq Mr. David Jenkins Sir George Strode Sir Alexander Carew Marquiss of Huntley Earl of Montross Earl of Niddisdale Earl of Traquaire Earl of Carnewath Viscount of Aubayne Lord Ogilby Lord Rae Lord Harris Lodwick Lindsey sometime Earl of Crawford Patrick Ruthen sometime Earl of Forth James King sometime Lord Ethyn Irving younger of Drunim Gordon younger of Gight Lesly of Auchintoule Sir Robert Spotswood of Dumipace Colonel John Cockram Master John Maxwel sometime pretended Bishop of Ross Master Walter Balcanquall and all such others as being processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. All Papists and Popish Recusants who have been now are or shall be actually in Arms or voluntarily assisting against the Parliaments or Estates of either Kingdom 3. All persons who have had any hand in the plotting designing or assisting the Rebellion in Ireland 4. That Humphry Bennet Esq Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Lee Sir John Pate John Ackland Edmund Windham Esquires Sir John Fitz-herbert Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esq Sir William Russel of Worcestershire Thomas Lee of Adlington Esq Sir John Girlington Sir Paul Neale Sir William Thorold Sir Edward Hussey Sir Thomas Lyddel Senior Sir Philip Musgrave Sir John Digby of Nottingh Sir Henry Fletcher Sir Richard Minshal Laurence Halsteed John Denham Esquires Sir Edmund Fortescue Peter St. Hill Esq Sir Tho. Tildesly Sir Hen. Griffith Michael Wharton Esq Sir Hen. Spiller Sir George Benion Sir Edward Nicholas Sir Edward Walgrove Sir Edward Bishop Sir Robert Owsly Sir John Maney Lord Cholmely Sir Thomas Aston Sir Lewis Dives Sir Peter Osborn Samuel Thorneton Esq Sir John Lucas John Blomey Esq Sir Thomas Chedle Sir Nicholas Kemish and Hugh Lloyd Esq and all such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their Proceedings or have sworn or subscribed the Declaration against the Convention and Covenant and all such as have assisted the Rebellion in the North or the Invasion in the South of the said Kingdom of Scotland or the late Invasion made there by the Irish and their Adherents and that the
given way to several unusual Bills for raising of Forces and likewise to the Bill for the 400000. l. for the Adventurers and others for raising of Moneys which Moneys by those Acts were to be pay'd to particular Persons or otherwise out of the ordinary course and not into Our Exchequer as was usual in like cases thence to be issued for publick use those Supplies were diverted and imployed to feed and nourish a Rebellion in England rather than to suppress that in Ireland Thus 100000. l. of the Adventurers Money was imployed for the Earl of Essex his Army when he first march'd against Us and that imployment of it though contrary to the express words of the Act which are That no part of that Money shall be imployed to any other purpose than the reducing of those Rebels was publickly justified by a Declaration made in the name of the House of Commons the sixth of September not long before the Battel at Edge-hill and at the same Battel several Regiments of Horse and Foot raised for Ireland under the Command of the Lord Wharton Lord of Leny Sir Faithful Fortescue and others were imployed against Us at Edge-hill the Moneys raised upon the Bill of 400000. l. and others have been wholly made use of against Us. And it was impossible without thus working themselves under the specious pretence of suppressing the Rebellion of Ireland into the managery of that War and misapplying the aids intended for Ireland to have brought this Kingdom into the bleeding and desperate condition wherein it now languisheth The Propositions concerning Ireland as they are insisted upon by these Commissioners though in charity We shall hope not so intended by all of them are apparently in pursuance of that original design in begetting a suspicion of Our Integrity in that business of Ireland and ingrossing the managing of that War and the Power of that Kingdom into their hands They would have the Cessation which We have avowed to be assented to by Us and advised as most necessary for the preservation of that Kingdom to tend to the utter Destruction of the Protestants there and the continuance of the Cessation there though but during the War here to be a countenancing of that bloody Rebellion and We Our selves are charged to be privy and to give directions for the seising of some Provisions made and sent for the supply of the Protestants in Ireland In the next place concerning the War there they demand that the prosecution of that War be settled in both Houses of Parliament to be managed by the Advice of both Kingdoms of England and Scotland that is a Commmittee of both Kingdoms those of each Kingdom to have a Negative Voice and all the Forces there to be under the Command of the Scotch General the Lieutenant and other great Officers and Judges there to be nominated by both Houses and that We should consent to pass all Acts to be proposed by them for the raising of Moneys and other things necessary for the prosecution of that War And notwithstanding all the zealous and pathetical Epressions in those Papers desiring the continuance of that War and the execution of Justice upon those Rebels it is not barely the prosecution of the War in zeal of Justice that is desired that might be managed either by Us whom God and the Law have entrusted solely with that Power and whose Predecessors have alone and without the concurrence of their Parliaments other than by competent assistance with Moneys suppressed great Rebellions in that Kingdom or by fit Ministers to be appointed upon just occasion to be removed by Us they have not made any the least Proposition or desire to that purpose But they insist upon such a prosecution of the War wherein those who are in Arms against Us may have the sole managing of the War and of Moneys to maintain that War even while they are in Arms against Us. For the Cessation already made it is apparent it was the only visible means whereby the Kingdom was preserved the poor Protestants there being in danger inevitably to have perished either by Famine for want of Food or by the Rebels for want of Ammunition there being not above forty Barrels of Powder there as appears by the Letters of the Lords Justices and Council of Ireland mentioned by Our Commissioners and no supplies of Victuals or Money sent in six Months time before those Letters although Our Ships were then taken away from Us and all the Forces at Sea belonging to this Kingdom were under their Command Neither could the not making void or declaring against that Cessation have hindered a Peace upon this Treaty if it had been intended really on their part it being to expire in March and so before the Treaty could probably have been perfected and there being no further Peace or Cessation made in Ireland And therefore Our Commissioners did earnestly desire them to make such Propositions as were fit to be consented to for the growth of the Protestant Religion and the good of that Kingdom But instead of such Propositions they still except against the Cessation and though expiring within a Month they insist upon their demands of an Act of Parliament to make that Cessation void to which if We should have consented as We must have rendered Our selves uncapable of being trusted at any time after and odious abroad in breaking that Cessation solemnly made by Our publick Ministers of State in Ireland and after consented unto by Our selves so We must have implicitely confessed contrary to the truth that which they alledge against the Cessation that it was destructive to the Protestants there and a countenancing of that bloody Rebellion and thereby having lost the Plea of Our Innocency have also lost the hearts of Our People and rendered Our selves guilty of those Infamous Slanders which have been charged upon Us concerning the Irish Rebellion and which some were so willing to fix upon Us that even during this Treaty when Mac-guire was impeached by them for this Rebellion for which he was by them after executed though they well knew Confessions of Men in his condition in hopes of Pardon or Reprieves are not to be credited he was strictly examined concerning Us as We are credibly informed whether or no We gave any Commission to the Rebels of Ireland or any assistance to them and if he had not absolutely denied it to his last with more sense of Conscience in that particular than they who examined him expected it is likely whatsoever Untruths reflecting upon Us had been forced from him had been as others were published to Our disgrace And although they long questioned the credit and truth of those Letters of the Lords Justices and Council of Ireland notwithstanding one of them being directed to the Speaker of the House of Commons was received and communicated to the House and Ours was but a Duplicate thereof and Copies were delivered to them of both Letters which two of their Commissioners compared
think in my Conscience to be against thy Glory the good of my Subjects and the discharge of my own duty to Reason and Justice Make Me willing to suffer the greatest Indignities and Injuries they press upon Me rather than commit the least sin against my Conscience Let the just Liberties of my People be as well they may preserved in fair and equal ways without the slavery of my Soul Thou that hast invested Me by thy Favours in the power of a Christian King suffer Me not to subject my Reason to other mens Passions and Designs which to Me seem unreasonable unjust and irreligious So shall I serve Thee in the truth and uprightness of my Heart tho I cannot satisfie these men Though I be driven from among them yet give Me grace to walk always uprightly before Thee Lead Me in the way of Truth and Justice for these I know will bring Me at last to Peace and Happiness with Thee though for these I have much trouble among men This I beg of Thee for my Saviours sake VII Vpon the QUEENS Departure and Absence out of ENGLAND ALthough I have much cause to be troubled at my Wifes departure from Me and out of my Dominions yet not her absence so much as the scandal of that Necessity which drives Her away doth afflict Me That She should be compelled by My own Subjects and those pretending to be Protestants to withdraw for her Safety This being the first example of any Protestant Subjects that have taken up Arms against their King a Protestant For I look upon this now done in England as another Act of the same Tragedy which was lately begun in Scotland the brands of that fire being ill quenched have kindled the like flames here I fear such motions so little to the adorning of the Protestant profession may occasion a further alienation of Mind and divorce of Affections in Her from that Religion which is the only thing wherein We differ Which yet God can and I pray he would in time take away and not suffer these practices to be any obstruction to her Judgment since it is the motion of those men for the most part who are yet to seek and settle their Religion for Doctrine Government and good Manners and so not to be imputed to the true English Protestants who continue firm to their former setled Principles and Laws I am sorry my relation to so deserving a Lady should be any occasion of her Danger and Affliction whose Merits would have served her for a protection among the savage Indians while their Rudeness and Barbarity knows not so perfectly to hate all Virtues as some mens Subtilty doth among whom I yet think few are so malicious as to hate Her for Her self The fault is That She is my Wife All Justice then as well as Affection commands Me to study Her Security who is only in danger for My sake I am content to be tossed weather-beaten and shipwrackt so as She may be in safe Harbor This comfort I shall enjoy by Her Safety in the midst of My Personal Dangers that I can perish but half if She be preserved In whose Memory and hopeful Posterity I may yet survive the Malice of My Enemies altho they should be satiated with my Blood I must leave her and Them to the Love and Loyalty of my good Subjects and to his Protection who is able to punish the Faults of Princes and no less severely to revenge the Injuries done to Them by those who in all duty and Allegiance ought to have made good that Safety which the Laws chiefly provide for Princes But common Civility is in vain expected from those that dispute their Loyalty Nor can it be safe for any relation to a King to tarry among them who are shaking hands with their Allegiance under pretence of laying faster hold on their Religion 'T is pity so noble and peaceful a Soul should see much more suffer the Rudeness of those who must make up their want of Justice with Inhumanity and Impudence Her sympathy with Me in my Afflictions will make her Virtues shine with greater lustre as Stars in the darkest nights and assure the envious world that She loves Me not my Fortunes Neither of Us but can easily forgive since We do not much blame the unkindness of the Generality and Vulgar for we see God is pleased to try both our Patience by the most self-punishing sin the Ingratitude of those who having eaten of our Bread and being enriched with our Bounty have scornfully lift up themselves against Us and those of our own Houshold are become our Enemies I pray God lay not their sin to their charge who think to fatisfie all obligations to duty by their Corban of Religion and can less endure to see than to sin against their Benefactors as well as their Soveraigns But even that Policy of my Enemies is so far venial as it was necessary to their designs by scandalous Articles and all irreverent demeanor to seek to drive Her out of my Kingdoms lest by the influence of her Example eminent for Love as a Wife and Loyalty as a Subject She should have converted to or retained in their Love and Loyalty all those whom they had a purpose to pervert The less I may be blest with her company the more I will retire to God and my own Heart whence no Malice can banish Her My Enemies may envy but they can never deprive Me of the enjoyment of her Virtues while I enjoy My self Thou O Lord whose Justice at present sees fit to scatter Vs let thy Mercy in the due time re-unite Vs on Earth if it be thy Will however bring Vs both at last to thy Heavenly Kingdom Preserve Vs from the hands of our despiteful and deadly Enemies and prepare Vs by our Sufferings for thy presence Tho We differ in some things as to Religion which is my greatest temporal Infelicity yet Lord give and accept the sincerity of our Affections which desire to seek to find to embrace every Truth of thine Let both our hearts agree in the Love of thy self and Christ crucified for us Teach Vs both what Thou wouldst have Vs to know in order to thy Glory our publick relations and our Souls eternal good and make Vs careful to do what good We know Let neither Ignorance of what is necessary to be known nor Vnbelief or Disobedience to what We know be our misery or our wilful default Let not this great Scandal of those my Subjects which profess the same Religion with Me be any hindrance to her love of any Truth thou wouldst have Her to learn nor any hardning of Her in any Error Thou wouldst have cleared to Her Let mine and other mens Constancy be an Antidote against the poyson of their Example Let the truth of that Religion I profess be represented to Her Judgment with all the beauties of Humility Loyalty Charity and Peaceableness which are the proper fruits and ornaments of it not
religious Reformations by the Sword as to polish them by fair and equal Disputations among those that are most concerned in the Differences whom not Force but Reason ought to convince But their design now seemed rather to cut off all Disputation here than to procure a fair and equal one For it was concluded there that the English Clergy must conform to the Scots pattern before ever they could be heard what they could say for themselves or against the others Way I could have wished fairer proceedings both for their credits who urge things with such Violence and for other mens Consciences too who can receive little satisfaction in these Points which are maintained rather by Soldiers fighting in the Field than Scholars disputing in free and learned Synods Sure in matters of Religion those Truths gain most on mens Judgments and Consciences which are least urged with secular Violence which weakens Truth with Prejudices and is unreasonable to be used till such means of rational Conviction have been applied as leaving no excuse for Ignorance condemns mens Obstinacy to deserved penalties Which no Charity will easily suspect of so many Learned and Pious Church-men in England who being always bred up and conformable to the Government of Episcopacy cannot so soon renounce both their former Opinion and practice only because that Party of the Scots will needs by Force assist a like Party here either to drive all Ministers as sheep into the common fold of Presbytery or destroy them at least fleece them by depriving them of the benefit of their Flocks If the Scotch sole Presbytery were proved to be the only institution of Jesus Christ for all Churches Government yet I believe it would be hard to prove that Christ had given those Scots or any other of My Subjects Commission by the Sword to set it up in any of My Kingdoms without My consent What respect and obedience Christ and his Apostles pay'd to the chief Governors of States where they lived is very clear in the Gospel but that he or they ever commanded to set up such a Parity of Presbyters and in such a way as those Scots endeavour I think is not very disputable If Presbytery in such a supremacy be an institution of Christ sure it differs from all others and is the first and only Point of Christianity that was to be planted and watered with so much Christian blood whose effusions run in a stream so contrary to that of the Primitive Planters both of Christianity and Episcopacy which was with patient shedding of their own blood not violent drawing other mens Sure there is too much of Man in it to have much of Christ none of whose institutions were carried on or begun with the temptations of Covetousness or Ambition of both which this is vehemently suspected Yet was there never any thing upon the point which those Scots had by Army or Commissioners to move Me with by their many solemn Obtestations and pious Threatnings but only this To represent to Me the wonderful necessity of setting up their Presbytery in England to avoid the further miseries of a War which some men chiefly on this design at first had begun and now further engaged themselves to continue What hinders that any Sects Schisms or Heresies if they can get but numbers strength and opportunity may not according to this opinion and pattern set up their ways by the like methods of violence All which Presbytery seeks to suppress and render odious under those Names when Wise and Learned men think that nothing hath more marks of Schism and Sectarism than this Presbyterian way both as to the Ancient and still most Universal way of the Church-Government and specially as to the particular Laws and Constitutions of this English Church which are not yet repealed nor are like to be for Me till I see more Rational and Religious motives than Soldiers use to carry in their Knapsacks But we must leave the success of all to God who hath many ways having first taken us off from the folly of our Opinions and fury of our Passion to teach us those Rules of true Reason and peaceable Wisdom which is from above tending most to Gods glory and his Churches good which I think My self so much the more bound in Conscience to attend with the most judicious zeal and care by how much I esteem the Church above the State the glory of Christ above Mine own and the Salvation of mens Souls above the Preservation of their Bodies and Estates Nor may any men I think without sin and presumption forcibly endeavour to cast the Churches under My care and tuition into the moulds they have fancied and fashioned to their designs till they have first gained My consent and resolved both My own and other mens Consciences by the strength of their Reasons Other violent motions which are neither Manly Christian nor Loyal shall never either shake or settle My Religion nor any mans else who knows what Religion means and how far it is removed from all Faction whose proper engine is Force the Arbitrator of Beasts not of reasonable Men much less of humble Christians and loyal Subjects in matters of Religion But men are prone to have such high conceits of themselves that they care not what cost they lay out upon their Opinions especially those that have some temptations of Gain to recompence their losses and hazards Yet I was not more scandalized at the Scots Armies coming in against my will and their forfeiture of so many Obligations of Duty and Gratitude to Me than I wondred how those here could so much distrust Gods assistance who so much pretended Gods Cause to the People as if they had the certainty of some Divine Revelation considering they were more than competently furnished with My Subjects Arms and Ammunition My Navy by Sea My Forts Castles and Cities by Land But I find that men jealous of the justifiableness of their doings and designs before God never think they have humane strength enough to carry their work on seem it never so plausible to the People What cannot be justified in Law or Religion had need be fortified with Power And yet such is the inconstancy that attends all minds engaged in violent motion that whom some of them one while earnestly invite to come in to their Assistance others of them soon after are weary of and with nauseating cast them out what one Party thought to rivet to a setledness by the strength and influence of the Scots that the other rejects and contemns at once despising the Kirk-Government and Discipline of the Scots and frustrating the Success of so chargeable more than charitable Assistance For sure the Church of England might have purchased at a far cheaper rate the Truth and Happiness of Reformed Government and Discipline if it had been wanting tho it had entertained the best Divines of Christendom for their Advice in a full and free Synod which I was ever willing to and desirous of
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
Lords and Commons in this present Parliament assembled shall be nominated assigned and appointed thereby authorizing and requiring them or any five or more of them and giving them full Power and Authority by the Oaths of good and lawful men as by all other good and lawful ways and means to enquire and find out what Mannors Castles Lordships Granges Messuages Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Vicarages Churches Chappels Advowsons Nominations Presentations Rights of Patronage Parks Annuities and other Possessions and Hereditaments whatsoever of what nature or quality soever they be lying and being within every such County or City not hereby limited or disposed of unto His Majesty do belong or appertain unto all every or any such Arch-bishop Bishop Dean Sub-dean Dean and Chapter Arch-deacon Chaunter Chancellor Treasurer Sub-Treasurer Succentor Sacrist Prebendary Canon Canon Residentiary Petty-Canon Vicar-Choral Chorister old Vicar or new Vicar in right of their said Dignities Churches Corporations Offices or Places respectively and what and how much of the same is in possession and the true yearly Value thereof and what and how much thereof is out in Lease and for what Estate and when and how determinable and what Rents Services and other Duties are reserved and payable during such Estate and also the true yearly Value of the same as they are now worth in possession as also what Rents Pensions or other Charges or other Sums of Money are issuing due or payable out of any the Mannors Lands or Premisses and to make an exact and particular Survey thereof and to take and direct and settle such course for the safe custody and keeping of all Charters Evidences Court-Rolls and Writings whatsoever belonging unto all or any the Persons Dignities Churches Corporations Offices and Places or concerning any the Mannors Lands Tenements Hereditaments or other Premisses before mentioned as in their discretion shall be thought meet and convenient and of all and singular their doings and proceedings herein fairly written and ingross'd in Parchment to make Return and Certificate into the Court of Chancery And to this further intent and purpose that speedy care and course may be taken for providing of a competent maintenance for supply and encouragement of Preaching Ministers in the several Parishes within the Kingdom of England and Dominion of VVales Be it likewise Ordained and Enacted That the same Commissioners and Persons authorized as above-said shall have full Power and Authority by the Oaths of good and lawful men as by all other good ways and lawful means to enquire and find out the true yearly Value of all Parsonages and Vicarages presentative and all other Spiritual and Ecclesiastical Benefices and Livings unto which any Cure of Souls is annexed lying and being within such Counties and Cities and of all such particularly to enquire and certifie into the Court of Chancery what each of them are truly and really worth by the year and who are the present Incumbents or Possessors of them and what and how many Chappels belonging unto Parish-Churches are within the limits of such Counties and Cities within which they are directed and authorized to enquire and how the several Churches and Chappels are supplied by Preaching Ministers that so course may be taken for providing both for Preaching and of maintenance where the same shall be found to be needful and necessary Provided always that this Act or any thing therein contained shall not extend to any Colledge Church Corporation Foundation or House of Learning in either of the Vniversities within this Kingdom And the said Sir VVilliam Roberts Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer and Peter Malbourne Esquires and the Survivors and Survivor of them or the greater part of them his and their Heirs and Assigns are hereby directed and authorized to give and allow unto such Officers as by them shall be thought fitting and necessary for keeping of Courts collecting of Rents Surveying of Lands and all other necessary imployments in and about the Premisses and unto the Commissioners authorized by this Act and such others as shall be necessarily imployed by them all such reasonable Fees Stipends Salaries and Sums of Money as in their discretion shall be thought just and convenient And the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer and Peter Malbourne Esquires the Survivors and Survivor of them his and their Heirs and Assigns of their several Receipts Imployments Actions and Proceedings shall give an accompt and be accomptable unto the Lords and Commons in Parliament or such Person or Persons as from time to time by both Houses of Parliament shall be nominated and appointed in such manner and with such Power Priviledge and Jurisdiction to hear and determine all matters concerning such Accompts as by both Houses of Parliament shall from time to time be thought necessary to be given them and not elsewhere nor otherwise Saving to all and every Person and Persons Bodies Politick and Corporate their Heirs and Successors and the Heirs and Successors of them and every of them other than such Person or Persons Bodies Politick and Corporate whose Offices Functions and Authorities are taken away and abolished by this Act as to any Estate Right Title or Interest which they or any of them claim to have or hold in right of their said Churches Dignities Functions Offices or Places and other then the Kings Majesty His Heirs and Successors as Patrons Founders or Donors and all and every other Person and Persons Bodies Politick and Corporate as may claim any thing as Patrons Founders or Donors all such Right Title Interest Possession Rents Charge-Rent Service Annuities Offices Pensions Portions Commons Fees Profits Claims and Demands either in Law or Equity whatsoever and all and singular such Leases for Years Life or Lives as were before the twentieth day of January in the year of our Lord One thousand six hundred forty two made unto them or any of them by any the Persons or Corporations above named acccording to the Laws and Statutes of this Realm and warranted by the same and all such Leases and Estates as having been heretofore made have been established or settled by any Judgement or Decree in any of the Courts at Westminster and have been accordingly enjoyed and all Duties and Profits whatsoever which they or any of them have or may claim or of right ought to have of in to or out of any the said Mannors Lands or Premisses whatsoever or any part or parcel thereof in such sort manner form and condition to all intents constructions and purposes as if this Act had never been made MDCXLIII IV. The Articles of the late Treaty of the Date Edenburgh the 29. of November 1643. Die Mercurii 3. Januarii 1643-44 Articles of the Treaty agreed upon betwixt the Commissioners of