and informed in the Rights of Our Sovereignty And because the Trials in Our several Courts by the formalities in pleading will require a long protraction We have thought fit by this Letter directed to you all to require your Judgment in the Case as it is set down in the inclosed Paper which will not only gain time but also be of more authority to over-rule any prejudicate opinions of others in the point Given under Our Signet at Our Court of White-hall the second day of February in the twelfth year of Our Reign 1636. C. R. CHARLES R. WHen the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger whether may not the King by Writ under the Great Seal of England command all the Subjects in His Kingdom at their charge to provide and furnish such number of Ships with Men Victuals and Munition and for such time as He shall think fit for the defence and safeguard of the Kingdom from such danger and peril and by Law compel the doing thereof in case of refusal or refractoriness And whether in such case is not the King the sole judge both of the Danger and when and how the same is to be prevented and avoided The Answer of the Judges MAY it please Your most Excellent Majesty We have according to Your Majestie 's command severally and every man by himself and all of us together taken into serious consideration the Case and Questions signed by Your Majesty and inclosed in Your Letter And We are of opinion That when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger Your Majesty may by Writ under Your Great Seal of England command all the Subjects of this Your Kingdom at their charge to provide and furnish such number of Ships with Men Victual Munition and for such time as Your Majesty shall think fit for the defence and safeguard of the Kingdom from such peril and danger And that by Law Your Majesty may compel the doing thereof in case of refusal or refractoriness And we are also of opinion that in such case Your Majesty is the sole judge both of the Danger and when and how the same is to be prevented and avoided John Bramston John Finch Humphrey Davenport John Denham Richard Hutton William Jones George Crook Thomas Trevor George Vernon Robert Barkly Francis Crauley Richard Weston His MAJESTIE's Declaration to all His loving Subjects of the Causes which moved Him to dissolve His Fourth Parliament THE King 's most Excellent Majesty well knoweth that the Calling Adjourning Proroguing and Dissolving of Parliaments are undoubted Prerogatives inseparably annexed to His Imperial Crown of which He is not bound to render any account but to God alone no more than of His other Regal actions Nevertheless His Majesty whose Piety and Goodness have made Him ever so order and govern all things that the clearness and Candor of His Royal heart may appear to all His Subjects especially in those great and publick matters of State that have relation to the weal and safety of His People and the Honour of His Royal Person and Government hath thought fit for avoiding and preventing all sinister constructions and misinter pretations which the Malice of some persons ill-affected to His Crown and Soveraignty hath or may practise to infuse into the minds an ears of His good and faithful Subjects to set down by way of Declaration the true Causes as well of His Assembling as of His Dissolving the late Parliament IT is not unknown to most of His Majestie 's loving Subjects what discouragements He hath formerly had by the undutiful and seditious carriage of divers of the lower House in preceding Assemblies of Parliament enough to have made Him averse to those ancient and accustomed ways of calling His People together when in stead of dutiful expressions towards His Person and Government they vented their own Malice and disaffections to the State and by their subtle and malignant courses endeavoured nothing more than to bring into contempt and disorder all Government and Magistracy Yet His Majesty well considering that but few were guilty of that seditious and undutiful behaviour and hoping that time and experience had made His loving Subjects sensible of the distemper the whole Kingdom was in danger to be put into by the ill-govern'd actions of those men and His Majesty being ever desirous to tread in the steps of His most noble Progenitors was pleased to issue forth His Writs under the great Seal of England for a Parliament to be holden on the thirteenth day of April last At which day His Majesty by the Lord Keeper of His great Seal was graciously pleased to let both Houses of Parliament know how desirous He was that all His people would unite their hearts and affections in the execution of those Counsels that might tend to the Honour of His Majesty the Safety of His Kingdoms and the good and preservation of all His people and withal how confident He was that they would not be failing in their duties and affections to Him and to the publick He laid open to them the manifest and apparent mischiefs threatned to this and all His other Kingdoms by the mutinous and rebellious behaviour of divers of the Scotish nation who had by their examples drawn many of His Subjects there into a course of disloyalty and disobedience not fit for His Majesty in Honour Safety or Wisdom to endure How to strengthen themselves in their disloyal courses they had addrest themselves to forein States and treated with them to deliver themselves up to their protection and defence as was made apparent under the proper hands of the prime Ring-leaders of that Rebellious Faction These courses of theirs tending so much to the ruine and overthrow of this famous Monarchy united by the descent of the Crown of England upon His Majesty and his Father of blessed Memory His Majesty in His great Wisdom and in discharge of the trust reposed in Him by God and by the Fundamental Laws of both Kingdoms for the protection and government of them resolved to suppress and thereby to vindicate that Sovereign power entrusted to Him He had by the last Summers trial found that his Grace and Goodness was abused and that contrary to his expectation and their faithful promises they had since his being at Berwick and the Pacification there made pursued their former rebellious designs and therefore it was necessary now for his Majesty by power to reduce them to the just and modest condition of their Obedience and subjection which whenever they should be brought unto or seeing their own Errors should put themselves into a way of Humility and Obedience becoming them his Majesty should need no other Mediatours for Clemency and Mercy to them than his own Piety and Goodness and the tender affection he hath ever born to that his native Countrey This being of so great weight and consequence to the whole Kingdo
Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traitors may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Kingdoms bear any Office or have any employment concerning the State or Commonwealth And also that the Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and not rendred themselves before the last of October 1644. may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Houses of Parliament bear any Office or have any employment concerning the State or Common-wealth And in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon by His Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament in Scotland respectively shall think fit 5. That by Act of Parliament all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any place of Judicature or Office towards the Law Common or Civil and that all Serjeants Councellors and Attourneys Doctors Advocates and Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any practice in the Law Common or Civil either in publick or in private And that they and likewise all Bishops Clergy-men and other Ecclesiastical persons who have deserted the Parliament and adhered to the Enemies thereof shall not be capable of any preferment or imployment either in Church or Commonwealth without the advice and consent of both Houses of Parliament 6. The persons of all others to be free of all personal censure notwithstanding any Act or thing done in or concerning this War they taking the Covenant 7. The Estates of those persons excepted in the first three preceding qualifications to pay publick Debts and Damages 8. A third part in full value of the Estates of the persons made incapable of any imployment as aforesaid to be imployed for the payment of the publick Debts and Damages according to the Declaration 9. And likewise a tenth part of the Estates of all other Delinquents within the joynt Declarations And in case the Estates and proportions aforementioned shall not suffice for the payment of the publick engagements whereunto they are only to be employed that then a new proportion may be appointed by the joynt advice of both Kingdoms providing it exceed not the one moity of the Estates of the persons made incapable as aforesaid and that it exceed not a sixth part of the Estate of the other Delinquents 10. That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth 200 l. sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth 100 l. sterling be at liberty and discharged 11. That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and proportions before mentioned may be levied and applyed to the discharge of the said engagements XV. That by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVI That an Act of Parliament be passed for the setling of the Admiralty and Forces at Sea and for the raising of such Moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVII An Act for the settling of all Forces both by Sea and Land in Commissioners to be nominated by both Houses of Parliament of persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to Religion and the Peace of the Kingdoms of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall die others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of the Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Force without such Authority or consent to the disturbance of the publick Peace of the Kingdoms any Commission under the great Seal or Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be settled and to prevent all disturbance of the publick Peace that may rise by occasion of the late Troubles so for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and Vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned so for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further accordingly as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of the Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the
offered any such particular Form of Government to us that may inable us to judge thereof and we cannot but observe that the Arguments produced to that purpose were only to prove the same not unlawful without offering to prove it absolutely necessary And therefore we conceive our Answer formerly given to your Lordships concerning that Bill and your Propositions concerning Religion is a just and reasonable Answer After the first three days of the Treaty spent upon the business of Religion according to the Order formerly prescribed the Propositions concerning the Militia were next Treated upon the three days following beginning the fourth of February and the same was after resumed the 14 th of February for other three days Their Propositions touching the Militia 4. February WE desire that by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit We desire that an Act of Parliament be passed for the settling of the Admiralty and Forces at Sea and for the raising of such moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit An Act for the settling of all Forces by Sea and Land in Commissioners to be nominated by both Houses of Parliament of Persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to the Religion and Peace of the Kingdom of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall dye others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of these Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Forces without such Authority or consent to the disturbance of the Publick peace of the Kingdom any Commission under the great Seal or other Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be setled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles So for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned So for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any Troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further according as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any Authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the Estates of the Parliament in Scotland or the said Commissioners of that Kingdom whereof they are Subjects And that in those Cases of joynt Concernment to both Kingdoms the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdoms We desire that the Militia of the City of London may be in the ordering and government of the Lord Mayor Aldermen and Commons in Common-Councel assembled or such as they shall from time to time appoint whereof the Lord Mayor and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the Weekly Bills of Mortality may be under the command of the Lord Mayor Aldermen and Commons in Common-Councel of the said City to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament We desire that the Tower of London may be in the government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Councel And that the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent and that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future After these Propositions made the King's Commissioners for their Information concerning these Propositions gave in several Papers The King's Commissioners Paper 4. February VVE conceive the Propositions delivered by your Lordships concerning the Militia import very great Alterations in the main foundation of the Frame of Government of this Kingdom taking by express words or by necessary consequence the whole Military and Civil power out of the Crown without any limitation in Time or reparation proposed Therefore we desire to know for what term you intend the Militia shall be settled in such manner as may be a reasonable and full Security which we are ready and desirous to give to preserve the Peace now to be settled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles For the better doing whereof we are ready by Conference to satisfie your Lordships in any particulars Their Answer 4. February OUR Paper given in to your Lordships concerning the Militia doth not contain the Alterations mentioned in your Lordships Answer but desires that which by the Wisdom of the Parliaments of both Kingdoms is judged necessary at this time for the security of His Majesty's Kingdoms and preservation of the Peace now to be settled and until your Lordships shall declare an Assent unto the matter therein expressed we conceive it will not
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 Judgment the most proper and indeed only means to a firm and settled Peace and impossible without it to reconcile former or to avoid future misunderstandings All these things being by Treaty perfected his Majesty believes his two 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 From the Isle of Wight Novemb. 17. 1647. His MAJESTIES Declaration at the Isle of VVight Novemb. 19. 1647. CHARLES R. HIS Majesty doth declare That he came from Hampton-Court for no other cause but for the preservation of His Person which was as He apprehended in such danger that He could not with Safety continue longer there That if He could have been there with Safety He would not have departed thence nor from the Army And that He chose this place rather than any other when He was at liberty to have gone whither He pleased that He might still continue under the protection of the Army Colonel Hammond being a Member thereof and that He might have conveniency of free intercourse between Himself and the Parliament for the settlement of a general Peace to which He professes a very great inclination and desire and that there shall be nothing wanting on His part that may be reasonably expected from Him And His Majesty doth further Declare That in case these Gentlemen be taken from Him and punished as evil doers for counselling Him not to go out of the Kingdom but rather to come to the place where He now is for the ends aforesaid and for their endeavouring accordingly in attending Him hither He cannot but Himself expect to be dealt with accordingly His case being the same Carisbrooke Castle Novemb. 19. 1647. His MAJESTIES Letter to Sir THOMAS FAIRFAX from Carisbrooke Novemb. 26. 1647. For Sir Thomas Fairfax General CHARLES R. HAving left Order at Our remove from Hampton-Court that a Copy should be given you of what We had then written to both Houses of Parliament touching the causes of Our withdrawing and the continuance of Our Resolutions to improve every occasion of the satisfaction of all chief Interests that so a happy Peace may be settled in Our Dominions in pursuance whereof We have lately sent a Message to both Houses from this place and a Copy of it to you and being desirous in order to that blessed Work to give you Our present sense upon the condition of Affairs as they now stand We have thought fit to appoint Sir John Barkley to repair unto you and to communicate the same to you and We shall be glad by him to receive a mutual communication of your sense also upon this Subject not doubting but you easily perceive by the late Disorders into what a depth of Confusion the Army and the Nation will fall if timely and effectual preventions be not used And therefore We have now again proposed as the only Expedient a Personal Treaty for the composing of all differences and fulfilling the desires of all Interests to which if you will imploy your Credit as you cannot but expect the Blessings of God upon your endeavours therein so you may justly look for the best return that ever Our Condition shall be able to make you Given at Carisbrooke Castle the 26. day of Novemb. 1647. His MAJESTIES Message to both Houses from Carisbrook Castle Dec. 6. 1647. To the Speaker of the House of Peers pro tempore to be communicated to both 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 receit of His Message of the 16. of November last But since there is not in nature any consideration preceding to that of Peace His Majesties 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 Commodities 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 Acknowledgment 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 Majesties 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 From Carisbrook Castle Decemb. 6. 1647. MDâ—XLVII Dec. 24. The Four Bills sent to the King to the Isle of VVight to be passed Together with the Propositions sent unto Him at the same time which upon the passing of those Bills were to be Treated upon THE Lords and Commons assembled in Parliament have commanded us to present to Your Majesty these Four Bills which have passed the two Houses of Parliament thus severally Entituled viz. An Act concerning the raising settling and maintaining Forces by Sea and Land within the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed An Act for justifying the Proceedings of Parliament in the late War and for declaring all Oaths Declarations
consent to abolish the Episcopal Government Octob. 2. 1648. p. 612 II. The Answer of the Divines to His Majesty's Reason Octob. 3. ibid. III. His Majesty's Reply to their Paper Octob. 6. 616 IV. The Rejoynder of the Divines to His Majesty's Reply Octob. 17. 621 V. His Majesty's final Answer concerning Episcopacy Nov. 1. 1648. 634 ΕΙΚΩΠΒΑΣΙΛΙΚΗ I. UPon His Majesty's calling this last Parliament page 647 II. Upon the Earl of Strafford's Death 648 III. Upon His Majesty's going to the House of Commons 650 IV. Upon the Insolency of the Tumults 651 V. Upon His Majesty's passing the Bill for Triennial Parliaments And after setling this during the pleasure of the Two Houses 654 VI. Upon His Majesty's Retirement from Westminster 656 VII Upon the Queens departure and absence out of England 658 VIII Upon His Majesty's Repulse at Hull And the Fates of the Hothams 659 IX Upon the Listing and Raising Armies against the King 661 X. Upon their seising the King's Magazines Forts Navy and Militia 665 XI Upon the Nineteen Propositions first sent to the King And more afterwards 667 XII Upon the Rebellion and Troubles in Ireland 671 XIII Upon the calling in of the Scots and their coming 674 XIV Upon the Covenant 677 XV. Upon the many Jealousies raised and Scandals cast upon the King to stir up the People against Him 680 XVI Upon the Ordinance against the Common Prayer-Book 684 XVII Of the Differences between the King and the Two Houses in point of Church-Government 687 XVIII Upon Vxbridge Treaty and other Officers made by the King 692 XIX Upon the various Events of the War Victories and Defeats 694 XX. Upon the Reformation of the Times 696 XXI Vpon His Malesty's Letters taken and divulged 699 XXII Upon His Majesty's leaving Oxford and going to the Scots 701 XXIII Upon the Scots delivering the King to the English and His Captivity at Holdenby 702 XXIV Upon their denying His Majesty the Attendance of His Chaplains 703 XXV Penitential Meditations and Vows in the King's Solitude at Holdenby 707 XXVI Upon the Armies Surprisal of the King at Holdenby and the ensuing Distractions in the Two Houses the Army and the City 708 XXVII To the Prince of Wales 710 XXVIII Meditations upon Death after the Votes of Non-Addresses and His Majesty's closer Imprisonment in Carisbrook-Castle 716 THE LIFE OF CHARLES I. CHARLES I. King of Great Britain France and Ireland was the Son of James VI. King of Scots and Anne his Wife a Daughter of Denmark By His Father descended to Him all the Rights together with their blood of all our Ancicient both Saxon and Norman Kings to this Empire For the Lady Margaret Sister and sole Heir of Edgar Atheling the last surviving Prince of the English Saxons being married to Malcolme Conmor King of Scots conveyed to his Line the Saxon and Margaret Daughter of Henry VII married to James IV. did bring the Norman titles and blood From this Imperial Extract He received not more Honour than He gave to it For the blood that was derived to Him elaborated through so many Royal Veins He delivered to Posterity more maturated for Glory and by a constant practice of Goodness more habituated for Vertue He was born at Dunfermeling one of the principal Towns of Fife in Scotland on Nov. 19th An. 1600. An. 1600 in so much weakness that his Baptism was hastened without the usual Ceremonies wherewith such Royal Infants are admitted into the Church Providence seeming to consecrate Him to Sufferings from the Womb and to accustome Him to the exchange of the strictures of Greatness for clouds of Tears There was no Observation nor Augury made at His Birth concerning the Sequel of His Life or course of Fortune which are usually related of such whose lives have different occurrences from those in others of the same state Either the fear of His Death made those about Him less observant of any Circumstances which curious minds would have formed into a Prediction He appearing like a Star that rises so near the Point of his Setting that it was thought there would be no time for Calculation Or He being at distance by his Birth from the Succession to the Crown Prince Henry then having the first hopes made men less sollicitous to enquire of His future state on whom being born to a private Condition the Fate of the Kingdom did not depend But in the third Year of His age when King James was preparing himself to remove to the English Throne a certain Laird of the Highlands though of very great age came to the Court to take his leave of him whom he found accompanied with all his Children After his address full of affectionate and sage Advice to which his gray hairs gave authority to the King An. 1602 his next application was to Duke CHARLES for in the Second year of his Age he was created Duke of Albany Marquess of Ormond Earl of Rosse and Baron of Ardmanock whose hands he kiss'd with so great an ardency of affection that he seem'd forgetful of a separation The King to correct his supposed mistake advised him to a more present observance of Prince Henry as the Heir of his Crown of whom he had taken little notice The old Laird answered that he knew well enough what he did and that It was this Child who was then in His Nurses arms who should convey his name and memory to the succeeding ages This then was conceived dotage but the event gave it the credit of a Prophecy and confirmed that Opinion That some long-experienced souls in the World before their dislodging arrive to the height of prophetick Spirits When he was three years old He was committed to the Care and Governance of Sir Cary's Lady An. 1603 as a reward for being the first Messenger of Queen Elizabeth's death whose long life had worn the expectation of the Scotish Nobility into a suspicion that the Lords of England would never acknowledge her to be dead as long as there was any old Woman of that Nation that could wear good cloaths and personate the Majesty of a Queen In the fourth Year An. 1604 after he had wrestled with a Feaver He was brought in October to the English Court at Windsor where on the Jan. 6. following having the day before been made Knight of the Bath He was invested with the Title of Duke of York An. 1606 and in the sixth Year was committed to the Pedagogie of Mr Thomas Murray a Person well qualified to that Office though a favourer of Presbytery Under this Tutor and confined to a retiredness by the present weakness of his Body He was so diligent and studious that He far advanced in all that kind of Learning which is necessary for a Prince without which even their natural Endowments seem rough and unpleasant in despight of the splendour of their Fortune His proficiency in Letters was so eminent that Prince Henry taking notice of it to put a Jest upon Him one day put the Cap
nor lavished on ambitious designs from all which destructions of Treasure no King was more free was but just sufficient for ordinary and necessary Expences of State and Majesty And though it was most just for Him to expect the Peoples Contribution to their own Safety who were never richer than now nor had they ever more Security for their Riches than they now had by his Concessions of Liberty yet knowing how powerful the Faction alwaies was to disturb the Counsels of Parliament He feared that from their Proceedings the common Enemies would be incouraged as formerly to higher Insolencies and the envious Demagogues would contemn their own safety to ruine His Honour He also accounted it a great unhappiness to be necessitated to maintain His State by extraordinary waies and therefore refused to renew Privie Seals and Loans the use of which He debarred Himself of in granting the Petition of Right Therefore consults His Atturney-General Noy whether the Prerogative had yet any thing left to save an unwilling people Noy acquaints Him with Ancient Precedents of raising a Tax upon the Nation for setting forth a Navie in case of danger and assures Him of the Legality of the way in proceeding by Writs to that effect Which Counsel being embraced there were Writs directed to the several Counties for such a Contribution that in the whole might build furnish and maintain Forty Seven Ships for the safety of the Kingdom And by these the King soon secured and calmed the Seas but the Faction endeavoured to raise a Tempest at Land They complained of Invasions on their Spiritual Liberties An. 1635 because the Bishops endeavoured in these years to reduce the Ceremonies of the Church to their primitive Observance of which a long Prosperity had made men negligent and time had done that to the Spiritual Body which it doth to the Natural dayly amassed those Corruptions which at length will stand in need of cure Therefore when they took this proper Method of reforming a corrupted State in bringing things back to their Original Institution both His Majesty and they were defamed with designs of Popery This Tax of Ship-money was pretended a breach to their Civil Liberties and contrary to Law because not laid by a Parliament Therefore those who sought the People's favour to alter the present Government by seeming the singular Patrons of their Rights An. 1636 refused to pay the Tax and stood it out to a Trial at Law The Just Prince declined not the Tryal and permitted Monarchy and Liberty to plead at the same Bar. All the Judges of the Land did justifie by their Subscriptions that it was legal for the King to levy such a Tax and their Subscriptions were enrolled in all the Courts of Westminster-Hall And when it came to be argued in the Exchequer-Chamber ten of them absolutely declared for it only two Crook and Hutton openly dissented from that Opinion to which they had formerly subscribed not without the ignominy of Levity unbeseeming their places And as the King was thus victorious in the Law so was He at Sea and having curbed the Pirates He also reduced the Hollanders to a precarious use of His Seas Amidst all these Difficulties and Calumnies the King hitherto had so governed that sober men could not pray for nor Heaven grant in Mercy to a People any greater Happiness than what His Reign did afford The British Empire never more flourished with Magnificent Edifices the Trade of the Nation had brought the Wealth of the Indies home to our doors Learning and all good Sciences were so cherished that they grew to Admiration and many Arts of the Ancients buried and forgotten by time were revived again No Subjects under the Sun richer and which was the effect of that none prouder Security increased the Husband-mans stock and Justice preserved his Life none being condemned as to Life but by the lawful Verdict of those of an equal Condition the Jury of his Peers The poor might Reverence but needed not Fear the Great and the Great though he might despise yet could not injure his more obscure Neighbour And all things were so administred that they seemed to conspire to the Publick good except that they made our Happiness too much the cause of all Civil Commotions and brought our Felicity to that height that by the necessity of Humane Nature which hath placed all things in motion it must necessarily decline And God provoked by our sins did no longer restrain and obstruct the arts and fury of some wicked men who contemning their present certain enjoyments hoped for more wicked acquisitions in publick Troubles to overwhelm every part of the King's Dominions with a Deluge of Blood and Misery and to commence that War which as it was horrid with much slaughter so it was memorable with the Experiences of His Majesties Vertues Confusions like Winds from every Coast at once assaulting and trying His Righteous Soul The first Storm arose from the North and the flame first broke out in Scotland where those Lords who feared they should lose their spoils of Religion and Majesty took all occasions to hasten the publick Misery which at last most heavily lay upon their Country the hands they had strengthned and instructed to fight against their Prince laying a more unsupportable slavery upon them then their most impious Slanders could form in the imaginations of the credulous that they might fear from the King by calumniating the King's Government raising fears of Tyranny and Idolatry forming and spreading seditious Libels The Author or at least the Abettor of one of which was found to be the Lord Balmerino a Traitor by Nature being the Son of one who had before merited Death for his Treasons to King James yet found that mercy from him as the Son now did from King Charles to have his Life and Estate continued after condemnation Yet this perfidious man interpreted the King's Clemencie for his own Vertue and he that had dared such a Crime could not be changed by the Pardon of it and as if he had rather received an Injury than Life he was the most active in the approaching Rebellion For the Rabble An. 1637 that delights in Tumults were fitted by this and other Boutefeus for any occasion of contemning the King's Authority though His designs that were thus displeasing to the Noblefs were evidently for the benefit of the Populacy and at last took fire from the Liturgie something differing from ours lest a full consent might argue a dependency upon the Church of England which some Scotish Bishops had composed and presented to the King for the use of their Church which the King who was desirous that those who were united under His Command might not be divided in Worship confirmed and appointed to be first read July 13. at Edinburgh a City always pregnant with suspicions and false rumours But it was entertained with all the instruments of Fury that were present to a debauched multitude for they flung Cudgels and Sticks at
and whose Fame gathers strength from multitude of Years when Statues and Monuments are obnoxious to the flames of a Violent Envy and the Ruines of Time Besides this they take care to suppress all those more Lively figures of Him and more lasting Statues His Writings and therefore force from my Lord of London whom they kept Prisoner all those Papers His Majesty had delivered to him and make a most narrow search of his Cloaths and Cabinets lest any of those Monuments of Piety and Wisdom should escape to the Benefit of Mankind Yet by the gracious Goodness of the Almighty God to their Eternal Infamy and for a perpetual record of the King 's great Vertues there escaped their Search and was published to the World The Book of His Meditations and Soliloquies In the Composition of which a Sober Reader cannot tell which to admire most either His incredible Prudence His ardent Piety or His Majestick and truly Royal Style Those parts of it which consisted of Addresses to God corresponded so nearly in the Occasions and were so full of the Piety and Elegancie of David's Psalms that they seemed to be dictated by the same Spirit His very Assassinates confessed the goodness of the Book though they were ashamed He whom they had murthered should be the Author For Bradshaw in his examination of Royston who printed it asked him How he could think so bad a man for such would that Monster have this Excellent Prince thought to be could write so good a Book Therefore they laboured by all waies and means to suppress it as the greatest Witness against them to Posterity and which would make them odious in all Generations For the Blood of the Holy Wise and Eloquent leaves eternal stains of Infamy upon those that spill'd it because no man reads their Works but they curse those cruel hands which cut the Veins and stopp'd the streams of so much Goodness and we esteem them barbarous and inhumane Monsters who did not Reverence the Persons of those whose Writings we admire But their fury became ridiculous while they thought by their present power to corrupt His Memory and take off the admiration of the following Ages for the more they hindred the publication the more earnestly it was sought after yet they endeavoured it another way and therefore hired certain mercenary Souls to despoil the King of the Credit of being the Author of it Especially one base Scribe naturally fitted to compose Satyrs and invent Reproaches who made himself notorious by some licentious and infamous Pamphlets and so approved himself as fit for their service This Man they encouraged by translating him from a needy Pedagogue to the office of a Secretary to write that Scandalous Book 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Invective against the King's Meditations and to answer the Learned Salmasius his Defence of Charles the First But all was in vain for those that were able to judge of Styles found it must be the same Pen which wrought these Meditations and drew those Letters which the Faction had published for His. Others that were not able to satisfie themselves by such a Censure were assured of it by the Relations of Col. Hammond that was His Keeper who did attest to several Persons that he saw them in the King's hand heard Him read them and did see Him to correct them in his presence The Arch-Bishop of Armagh did also affirm to those he conversed with that he was employed by a command from the King to get some of them out of the hands of the Faction for they were taken in His Cabinet at Naseby And Royston that printed them did testifie to those that enquired of him that the King had sent to him the Michaelmas before His death to provide a Press for some Papers He should send to Him which were these together with a design for a Picture before the Book which at first was Three Crowns indented on a Wreath of Thorns but afterwards the King recalled that and sent that other which is now before His Book Thus these several Testimonies did secure the faith of the World against the Slanderers and made their endeavours as contemptible as themselves were hateful While the Parricides were seeking for fresh occasions to express their Malice the whole Kingdom was composed to Mourning and Lamentation for never any King not only of the English but of whatsoever Throne had His Death lamented with greater Sorrows nor left the World with a higher regret of the People When the news of His Death was divulged Women with Child for grief cast forth the untimely fruit of their Womb like Her that fell in travel when the Glory was departed from Israel Others both Men and Women fell into Convulsions and swounding Fits and contracted so deep a Melancholy as attended them to the Grave Some unmindful of themselves as though they could not or would not live when their beloved Prince was slaughtered it is reported suddenly fell down dead The Pulpits were likewise bedewed with unsuborned Tears and some of those to whom the living King was for Episcopacie's sake less acceptable yet now bewailed the loss of Him when dead Children who usually seem unconcerned in publick Calamities were also affected with the news and became so prodigal of their Tears that for some time they refused comfort even some of those who sate as Judges could not forbear to mingle some Tears with His Blood when it was spilt Many composed Elegies and serious Poems to preserve the memory of His Vertues to express their own Griefs and to instruct the Mournings of others and their Passions made them above their usual strain more elegant Many who writ the Acts of His time did vindicate His Honour and divulged the base Arts of His Enemies even while their Power was dreadful Men of all Sorts Degrees and Sects there being none among which He had not some Admirers then freely and without Envy recounted His several Vertues which now appeared as great as Mortality refined by Industry was capable of For though Prosperity makes the Severest Tryals of Vertues yet Adversity renders them most Orient As the Night best acquaints us with the Splendor of the Stars That which first challenged their Wonder was the composure and Inclination of His Soul to Religion which He used not as an Artifice of Empire but as the Ornament and Comfort of a private breast for He never affected a Magnifick Piety nor a Pompous Vertue but laboured to approve Himself in secret to that God who rewardeth openly All His Offices in this were like His Fortune far above those of other men His Devotion in Prayer was so raised that His Soul seemed to be wholly swallowed up in the Contemplation of that Majesty He did adore and as in an Ecstasie to have left His senses without its Adsistencie An instance of this was given at the Death of the Duke of Buckingham the news of whose Murther being whispered to the King while He was at Prayers He
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
in which we march and what I leave behind Me for the safety of Lincolnshire and Nottinghamshire I leave 2000 foot and wherewithal to arm 500 more 20 Companies of Horse all this to be under Charles Cavendish whom the Gentlemen of the Country have desired Me not to carry with Me against his will for he desired extreamly not to go The Enemies have left within Nottingham 1000. I carry with Me 3000 Foot 30 Companies of Horse and Dragoons 6 pieces of Cannon and two Morters Harry Jermyn commands the Forces which go with Me as Colonel of My Guard and Sir Alexander Lesley the Foot under Him and Gerard the Horse and Robin Legg the Artillery and Her She-Majestie Generalissima and extreamly diligent with 150 Waggons of Baggage to govern in case of a Battle Have a care that no Troop of Essex's Army incommodate us for I hope that for the rest we shall be strong enough for at Nottingham we have had the experience one of our Troops having beaten six of theirs and made them fly I have received Your Proclamation or Declaration which I wish had not been made being extreamly disadvantagious for You for You shew too much fear and do not what You had resolved upon Farewell My Dear Heart 27. June 1643. VIII The QUEEN to the KING BATH Apr. 21. MDCXLIV My Dear Heart F Red. Cornwallis will have told You all our voyage as far as Adbury and the state of My health Since My coming hither I find My self ill as well in the ill rest that I have as in the increase of My Rheum I hope that this days rest will do Me good I go to morrow to Bristol to send You back the Carts many of them are already returned My Lord Dillon told Me not directly from You though he says You approve it that it was fit I should write a Letter to the Commissioners of Ireland to this effect That they ought to desist from those things for the present which they had put in their Paper and to assure them that when You shall be in another condition than You are now that You will give them contentment I thought it to be a matter of so great engagement that I dare not do it without Your command Therefore if it please You that I should do so send Me what You would have Me write that I may not do more than what You appoint and also that it being Your command You may hold to that which I promise for I should be very much grieved to write any thing which I would not hold to and when You have promised it Me I will be confident I believe also that to write to My Lord Muskery without the rest will be enough for the Letter which I shall write to him shall be with My own hand and if it be to all Your Commissioners it shall be by the Secretary Farewel My Dear Heart I cannot write any more but that I am absolutely Yours IX To the Earl of ESSEX at LESTITHIEL LISKARD August 6. MDCXLIV Essex I Have been very willing to believe that whenever there should be such a conjuncture as to put it in your power to effect that happy settlement of this miserable Kingdom which all good men desire you would lay hold of it That season is now before you you have it at this time in your power to redeem your Country and the Crown and to oblige your King in the highest degree an Action certainly of the greatest Piety Prudence and Honour such an opportunity as perhaps no Subject before you hath ever had or after you shall have To which there is no more required but that you join with Me heartily and really in the setling of those things which we have both professed constantly to be our only aims Let us do this and if any shall be so foolishly unnatural as to oppose their King's their Country's and their own good we will make them happy by God's blessing even against their wills The only impediment can be want of mutual confidence I promise it you on My part as I have endeavoured to prepare it on yours by My Letter to Hertford from Evesholm I hope this will perfect it when as here I do I shall have engaged unto you the word of a King that you joyning with Me in that blessed work I shall give both to you and your Army such eminent marks of My Confidence and value as shall not leave room for the least distrust amongst you either in relation to the Publick or your self unto whom I shall then be Liskard Aug. 6. 1644. Your faithful Friend C. R. If you like of this hearken to this Bearer whom I have fully instructed in particulars But this will admit of no delay X. To the Prince ELECTOR TAVESTOCK September 17. MDCXLIV Nephew IT being a Natural curiosity in Me to know the reason of your Actions I had never so much reason as now to desire it As I wondred at so as yet I never knew the reason of your journey from York to Holland But your coming at this time into the Kingdom is in all respects much more strange unto Me yet 't is possible that the latter may interpret the former And believe Me the consideration of your Mother's Son is the chief I may say the only cause of My curiosity For as to My Affairs your being here in the way you are is not of that importance as to make Me curious to inquire upon your Actions But the great affection I bear My Sister being a sufficient reason for Me to desire that all who appertain to Her should give a fair account of their Actions makes Me now ask you first upon what invitation you are come then the design of your coming wishing by your Answer I may have the same cause and comfort I have heretofore had to be Tavestock Sept. 17. 1644. Your Loving Uncle and faithful Friend C. R. XI To the Marquess of ORMOND OXFORD December 15. MDCXLIV Ormond I Am sorry to find by Colonel Barry the sad condition of your particular fortune for which I cannot find so good and speedy remedy as the Peace of Ireland it being likewise most necessary to redress affairs here wherefore I command you to dispatch it out of hand for the doing of which I hope My publick Dispatch will give you sufficient Instruction and Power yet I have thought it necessary for your more encouragement in this necessary work to make this addition with My own hand As for Poining's Act I refer you to My other Letter And for matter of Religion though I have not found it fit to take publick notice of the Paper which Brown gave you yet I must command you to give him My L. Muskery and Plunket particular thanks for it assuring them that without it there could have been no Peace and that sticking to it their Nation in general and they in particular shall have comfort in what they have done And to shew that this is more
will only say one word to you Now that you are the Speaker I command you to do the office of a Speaker which is faithfully to report the great Cause of the Meeting that My Lord Keeper in My Name did represent unto you the last day with this assurance That you giving Me your timely help in this great Affair I shall give a willing ear to all your just Grievances XIX To the House of Lords at WESTMINSTER April 24. MDCXL His Majesty said THAT the cause of His coming was to put them in mind of what had been delivered by the Lord Keeper in His Name unto both Houses the first day of the Parliament and after at White-Hall How contrary to His expectation the House of Commons having held Consultation of matter of Religion Property of Goods and Liberty of Parliament and voted some things concerning those three Heads had therefore given them the precedence before the matter of His Supply That His Necessities were such they could not bear delay That whatsoever He had by the Lord Keeper promised He would perform if the House of Commons would trust Him For Religion that His Heart and Conscience went together with the Religion established in the Church of England and He would give Order to His Arch-Bishops and Bishops that no Innovation in matter of Religion should creep in For the Ship-money that He never made or intended to make any profit to Himself of it but only to preserve the Dominion of the Seas which was so necessary that without it the Kingdom could not subsist But for the way and means by Ship-money or otherwise He left it to them For Property of Goods and Liberty of Parliament He ever intended His People should injoy them holding no King so Great as he that was King of a rich and free People and if they had not Property of Goods and Liberty of Persons they could be neither rich nor free That if the House of Commons would not first trust Him all His Affairs would be disordered and His business lost That though they trusted Him in part at first yet before the Parliament ended He must totally trust them and in conclusion they must for execution of all things wholly trust Him Therefore since the matter was no more than who should be first trusted and that the trust of Him first was but a trust in part He desired the Lords to take into their consideration His and their own Honour the Safety and Welfare of this Kingdom with the great Danger it was in and that they would by their Advice dispose the House of Commons to give His Supply the precedence before the Grievances XX. To the Lords and Commons at the Dissolving of His Fourth Parliament at WESTMINSTER May 5. MDCXL MY Lords There can no occasion of My coming to this House be so unpleasing to Me as this is at this time The fear of doing that which I am to do at this day made Me not long agoe come to this House where I expressed as well My fears as the remedies I thought necessary for the eschewing of it Unto which I must confess and acknowledge that you My Lords of the Higher House did give me so willing an ear and with such affection did shew your selves thereafter that certainly I may say if there had been any means to have given an happy end to this Parliament you took it So that it was neither your Lordships fault nor Mine that it is not so Therefore in the first place I must give your Lordships thanks for your good endeavours I hope you remember what My Lord Keeper said to you the first day of the Parliament in My Name what likewise he said in the Banquetting-House in White-Hall and what I lately said to you in this place My self I name all this unto you not in doubt that you do not well remember it but to shew that I never said any thing in way of favour to My People but that by the Grace of God I will really and punctually perform it I know that they have insisted very much on Grievances and I will not say but that there may be some though I will confidently affirm that there are not by many degrees so many as the publick voice doth make them Wherefore I desire you to take notice now especially at this time that out of Parliament I shall be as ready if not more willing to hear and redress any just Grievances as in Parliament There is one thing which is much spoken of though not so much insisted on as others and that is Religion Concerning which albeit I expressed My self fully the last day in this place to your Lordships yet I think it fit again on this occasion to tell you that as I am most concerned so I shall be most careful to preserve that purity of Religion which I thank God is so well established in the Church of England and that as well out as in Parliament My Lords I shall not trouble you long with words it being not My fashion wherefore to conclude What I offered the last day to the House of Commons I think is well known to you all as likewise how they accepted it which I desire not to remember but wish that they had remembred how at first they were told in My Name by My Lord Keeper That Delay was the worst kind of Denial Yet I will not lay this fault on the whole House for I will not judge so uncharitably of those whom for the most part I take to be Loyal and well-affected Subjects but that it hath been the malicious cunning of some few seditiously-affected men that hath been the cause of this Misunderstanding I shall now end as I began in giving your Lordships thanks for your affection shewed to Me at this time desiring you to go on to assist Me in the maintaining of that Regal Power that is truly Mine And as for the Liberty of the People that they now so much seem to startle at know My Lords that no King in the World shall be more careful to maintain them in the Property of their Goods Liberty of their Persons and true Religion than I shall be And now My Lord Keeper do what I have commanded you XXI To the Great Council of Lords at YORK September 24. MDCXL MY Lords Upon sudden Invasions where the dangers are near and instant it hath been the custom of My Predecessors to assemble the Great Council of the Peers by their Advice and Assistance to give a timely remedy to such evils as cannot admit a delay so long as must of necessity be allowed for the assembling the Parliament This being our condition at this time and an Army of Rebels lodged within the Kingdom I thought it most fit to conform My self to the practice of My Predecessors in like cases that with your advice and assistance we might joyntly proceed to the chastisement of their Insolencies and securing of Our good Subjects In the first
hither I do stand more for the Liberty of My People than any here that come to be My pretended Judges and therefore let Me know by what lawful Authority I am seated here and I will answer it otherwise I will not answer it Bradshaw Sir how really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this Condition You have been told of it twice or thrice KING Here is a Gentleman Lieutenant Colonel Cobbet ask him if he did not bring Me from the Isle of Wight by force I do not come here as submitting to the Court. I will stand as much for the Privilege of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing of the King to His Parliament Is this the bringing an end to the Treaty in the Publick Faith of the World Let Me see a Legal Authority warranted by the Word of God the Scriptures or warranted by the Constitutions of the Kingdom and I will answer Bradshaw Sir you have propounded a Question and have been answered Seeing you will not answer the Court will consider how to proceed In the mean time those that brought you hither are to take charge of you back again The Court desires to know whether this be all the Answer you will give or no. KING Sir I desire that you would give Me and all the World satisfaction in this Let Me tell you It is not a slight thing you are about I am sworn to keep the Peace by that Duty I owe to God and My Countrey and I will do it to the last breath of My body And therefore you shall do well to satisfie first God and then the Country by what Authority you do it If you do it by an usurped Authority you cannot answer it There is a God in Heaven that will call you and all that give you Power to account Satisfie Me in that and I will answer otherwise I betray My Trust and the Liberties of the People and therefore think of that and then I shall be willing For I do avow That it is as great a Sin to withstand Lawful Authority as it is to submit to a Tyrannical or any otherways unlawful Authority And therefore satisfie God and Me and all the World in that and you shall receive My Answer I am not afraid of the Bill Bradshaw The Court expects you should give them a final Answer Their purpose is to adjourn till Monday next If you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon God's Authority and the Kingdoms and that Peace you speak of will be kept in the doing of Justice and that 's our present Work KING For Answer let Me tell you you have shewn no Lawful Authority to satisfie any reasonable man Bradshaw That 's in your apprehension we are satisfied that are your Judges KING 'T is not My apprehension nor yours neither that ought to decide it Bradshaw The Court hath heard you and you are to be disposed of as they have commanded So commanding the Guard to take Him away His Majesty only replied Well Sir And at His going down pointing with His Staff toward the Ax He said I do not fear that As He went down the stairs the People in the Hall cried out God save the King notwithstanding some were there set by the Faction to lead the clamour for Justice O yes being called they adjourn Westminster-Hall Monday Jan. 22. Afternoon SVnday being spent in Fasting and Preaching according to their manner of making Religion a pretence and prologue to their Villanies on Monday afternoon they came again into the Hall and after Silence commanded called over their Court where Seventy persons being present answered to their Names His Majesty being brought in the People gave a shout Command given to the Captain of their Guard to fetch and take into his custody those who make any Disturbance Then their Solicitor Cook began May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibite and give into this Court a Charge of High Treason and other high Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the People of England and the Charge was read unto him and his Answer required My Lord he was not then pleased to give an Answer but in stead of answering did there dispute the Authority of this High Court My humble motion to this High Court in behalf of the Kingdom of England is That the Prisoner may be directed to make a Positive Answer either by way of Confession or Negation which if he shall refuse to do that the matter of Charge may be taken pro confesso and the Court may proceed according to Justice Bradshaw Sir you may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge read against you containing a Charge of High Treason and other high Crimes against this Realm of England you heard likewise that it was prayed in the behalf of the People that you should give an Answer to that Charge that thereupon such proceedings might be had as should be agreeable to Justice you were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority you were brought hither you did divers time propound your Questions and were as often answer'd That it was by the Authority of the Commons of England assembled in Parliament that did think fit to call you to account for those high and capital Misdemeanours wherewith you were then charged Since that the Court hath taken into consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you They do expect you should either confess or deny it If you deny it is offered in the behalf of the Kingdom to be made good against you Their Authority they do avow to the whole World that the whole Kingdom are to rest satisfied in and you are to rest satisfied with it and therefore you are to lose no more time but to give a positive Answer thereunto KING When I was here last 't is very true I made that Question and if it were only My own particular Case I would have satisfied My self with the Protestation I made the last time I was here against the Legality of this Court and that a King cannot be tried by any superior Jurisdiction on Earth But it is not My Case alone it is the Freedom and the Liberty of the People of England and do you pretend what
KING A Proclamation about the dissolving of the Parliament WHereas We for the general good of Our Kingdom caused Our High Court of Parliament to assemble and meet by Prorogation the twentieth day of January last past sithence which time the same hath been continued and although in this time by the malevolent dispositions of some ill-affected persons of the House of Commons We have had sundry just causes of offence and dislike of their proceedings yet We resolved with patience to try the uttermost which We the rather did for that We found in that House a great number of sober and grave persons well affected to Religion and Government and desirous to preserve Unity and Peace in all parts of Our Kingdom and therefore having on the five and twentieth day of February last by the uniform Advice of Our Privy Council caused both Houses to be adjourned until this present day hoping in the mean time that a better and more right understanding might be begotten between Us and the Members of that House whereby this Parliament might have an happy end and issue and for the same intent We did again this day command the like Adjournment to be made until the tenth day of this month It hath so happened by the disobedient and seditious carriage of those said ill-affected persons of the House of Commons that We and Our Regal authority and Commandment have been so highly contemned as Our Kingly Office cannot bear nor any former Age can parallel And therefore it is Our full and absolute resolution to dissolve the same Parliament whereof We thought good to give notice unto all the Lords Spiritual and Temporal and to the Knights Citizens and Burgesses of this present Parliament and to all others whom it may concern that they may depart about their needful affairs without attending any longer here Nevertheless We will that they and all others should take notice that We do and ever will distinguish between those who have shewed good affection to Religion and Government and those that have given themselves over to Faction and to work disturbance to the Peace and good order of our Kingdom Given at Our Court at White-hall this second day of March in the fourth year of Our Reign of Great Britain France and Ireland God save the KING His MAJESTIE's Speech at the Dissolving of the Parliament My Lords I Never came here upon so unpleasant an occasion it being the Dissolution of a Parliment Therefore men may have some cause to wonder why I should not rather chuse to do this by Commission it being a general Maxim of Kings to leave harsh commands to their Ministers Themselves only executing pleasing things Yet considering that Justice as well consists in reward and praise of Vertue as punishing of Vice I thought it necessary to come here to day to declare to you and all the world that it was meerly the undutiful and seditious carriage in the lower House that hath made the Dissolution of this Parliament And you my Lords are so far from being causes of it that I take as much comfort in your dutiful demeanors as I am justly distasted with their proceedings Yet to avoid mistakings let me tell you that it is so far from me to adjudge all the House alike guilty that I know that there are many there as dutiful Subjects as any in the world it being but some few Vipers amongst them that did cast this mist of undutifulness over most of their eyes yet to say truth there was a good number there that could not be infected with this contagion insomuch that some did express their duties in speaking which was the general fault of the House the last day To conclude as these Vipers must look for their reward of punishment so you my Lords may justly expect from Me that favour and protection that a good King oweth to His loving and dutiful Nobility And now my Lord Keeper do what I have commanded you His MAJESTIE's Declaration to all His loving Subjects of the Causes which moved Him to Dissolve the Parliament HOwsoever Princes are not bound to give account of their Actions but to God alone yet for the satisfaction of the minds and affections of Our loving Subjects We have thought good to set down thus much by way of Declaration that We may appear to the world in the truth and sincerity of Our own Actions and not in those colours in which We know some turbulent and ill-affected Spirits to masque and disguise their own wicked intentions dangerous to the State would represent Us to the publick view We assembled Our Parliament the seventeenth day of March in the third year of Our Reign for the safety of Religion for securing Our Kingdoms and Subjects at home and Our Friends and Allies abroad and therefore at the first sitting down of it We declared the miserable afflicted estate of those of the Reformed Religion in Germany France and other parts of Christendom the distressed extremities of Our dearest Uncle the King of Denmark chased out of a great part of his Dominions the strength of that party which was united against Us that besides the Pope and house of Austria and their ancient Confederates the French King professed the rooting out of the Protestant Religion that of the Princes and States on Our party some were over run others diverted and some disabled to give assistance For which and other important motives We propounded a speedy supply of Treasure answerable to the necessities of the Cause These things in the beginning were well resented by the House of Commons and with much alacrity and readiness they agreed to grant a liberal aid But before it was brought to any perfection they were diverted by a multitude of questions raised amongst them concerning their Liberties and Priviledges and by other long disputes that the Bill did not pass in a long time and by that delay Our affairs were put into far worse case than at the first Our forein actions then in hand being thereby disgraced and ruined for want of timely help In this as We are not willing to derogate from the merit and good intentions of those wise and moderate men of that House to whose forwardness We attribute it that it was propounded and resolved so soon so We must needs say that the delay of passing it when it was resolved occasioned by causless jealousies stirred up by men of another temper did much lessen both the reputation and reality of that supply and their spirit infused into many of the Commissioners and Assessors in the Country hath returned up the Subsidies in such a scanty proportion as is infinitely short not only of Our great Occasions but of the precedents of former Subsidies and of the intentions of all well-affected men in that House In those large disputes as We permitted many of Our high Prerogatives to be debated which in the best times of Our Predecessors had never been questioned without punishment or sharp reproof so We
so much desired and hoped that nothing might be wanting on His part to bring them into the right way for His Honour the safety of the Kingdom and their own good He resolved to desire the assistance of the Lords of the higher House as persons in rank and degree nearest to the Royal Throne and who having received Honour from Him and His Royal Progenitors He doubted not would for those and many other reasons be moved in honour and dutiful affection to His Person and Crown to dispose the House of Commons to express their duties to His Majesty in expediting the matter of Supply for which they were called together and which required so present a dispatch For this purpose His Majesty in His Royal Person came again to the Lords House on Wednesday the 24. day of April where Himself declared to the Lords the cause of His coming which was to put them in mind of what had been by the Lord Keeper in His name delivered unto both Houses the first day of the Parliament and after at White-Hall how contrary to His expectation the House of Commons having held consultation of matter of Religion Property of Goods and Liberty of Parliament and voted some things concerning those three heads had thereby given them the precedence before the matter of His Supply that His necessities were such they could not bear delay that whatever He had by the Lord Keeper promised He would perform if the House of Commons would trust Him For Religion that His Heart and Conscience went together with the Religion established in the Church of England and He would give order to His Archbishops and Bishops that no Innovation in matter of Religion should creep in For the Ship-money that He never made or intended to make any profit to Himself of it but only to preserve the Dominion of the Seas which was so necessary that without it the Kingdom could not subsist but for the way and means by Ship-money or otherwise He left it to them For Property of Goods and Liberty of Parliament He ever intended His People should enjoy them holding no King so great as He that was King of a rich and free people and if they had not Property of Goods and Liberty of Persons they could be neither rich nor free That if the House of Commons would not first trust Him all His affairs would be disordered and His business lost That though they trusted Him in part at first yet before the Parliament ended He must totally trust them and in conclusion they must for execution of all things wholly trust Him Therefore since the matter was no more than who should be first trusted and that the trust of Him first was but a trust in part His Majesty desired the Lords to take into their considerations His and their own Honour the Safety and welfare of this Kingdom with the great danger it was in and that they would by their advice dispose the House of Commons to give His Supply the precedence before the Grievances His Majesty being departed the Lords took into serious consideration what His Majesty had commended to their care and forthwith laying aside all other debates such was their Lordships dutiful and affectionate carriage they remembring well what had been formerly declared in His Majestie 's name to both Houses His Majestie 's gracious promises and expressions then and at this time with the pressing and urgent occasions which so much imported the Honour of His Majesty and the good of this Kingdom their Lordship 's delivered their votes in these words We are of opinion that the matter of His Majestie 's Supply should have precedence and be resolved of before any other matter whatsoever and we think fit there shall be a Conference desired with the House of Commons to dispose them thereunto Accordingly the next day being Saturday the 25. day of April a Conference was had in the Painted Chamber by a Committee of both Houses where the Lord Keeper by the Lords command told the House of Commons of His Majestie 's being the day before in person in the higher House how graciously he had expressed Himself in matter of Religion Property of Goods and Liberty of Parliament and that He would therein graciously hear and relieve them and give them what in reason could be desired with the effect of what else had been graciously delivered unto them by his Majesty as well touching His constant Zeal and affection to the Religion established in the Church of England as touching the Ship-money and the necessity of His affairs which was such that delay was as prejudicial as denial and that if time were lost both Houses could not recover it and therefore their Lordship's though they would move nothing nor give any advice concerning Subsidies but decline it as that which naturally was to begin with the House of Commons yet being alike interessed and concerned in the Honour and Safety of the Kingdom they held it fit to let them know their opinions and desires which was That they should go first on with the matter of his Majestie 's Supply as that which was most necessary and fit to have precedence and that being done they would chearfully joyn with them in the presenting of their Grievances The House of Commons having heard their Lordships opinion and desire in stead of concurring with their Lordships in preferring the consideration of his Majestie 's Supply before their Grievances they spent the whole day on Monday following being the 27 of April in taking causless exceptions to what had been at the Conference related to them and the next day being Tuesday the 28. of April they desired a Conference with the Lords and their Lordships meeting them presently in the Painted Chamber they were so far from their expressing of any willingness to joyn with their Lordships in what had been upon so weighty reasons recommended unto them that on the contrary they challenged the Lords for invading the Privileges of the House of Commons alledging That the Lords having in the former Conference acknowledged that the matter of Subsidie and Supply ought to begin in the House of Commons had in their voting that it was fit and most necessary that matter of Supply should have precedence before all other business not only been transported beyond the bounds which their Lordships had formerly set to themselves but by medling with matter of Supply had as far as in them lay concluded both the matter and order of proceeding which the House of Commons took to be a breach of their Privilege and for it desired reparation of their Lordships And because the Lords had in the first Conference enumerated those three particulars of Religion Propriety of Goods and Privilege of Parliament the House of Commons collected they had taken notice of some proceedings in their House concerning those particulars and thereby broken another great Privilege of the House of Commons established in Parliament and called the Indempnity of the Commons
be enforced with rigour to such Arbitrary Contributions as should be required of them The dissolving of the Parliament in the second year of His Majesties reign after a Declaration of their intent to grant five Subsidies The exacting of the like proportion of five Subsidies after the Parliament dissolved by Commission of Loan and divers Gentlemen and others imprisoned for not yielding to pay that Loan whereby many of them contracted such Sicknesses as cost them their lives Great sums of Money required and raised by privy Seals An unjust and pernicious attempt to extort great payments from the Subject by way of Excise and a Commission issued under Seal to that purpose The Petition of Right which was granted in full Parliament blasted with an illegal Declaration to make it destructive to it self to the power of Parliament to the Liberty of the Subject and to that purpose printed with it and the Petition made of no use but to shew the bold and presumptuous injustice of such Ministers as durst break the Laws and suppress the Liberties of the Kingdom after they had been so solemnly and evidently declared Another Parliament dissolved 4 Car. the Priviledge of Parliament broken by imprisoning divers Members of the House detaining them close Prisoners for many months together without the liberty of using Books Pen Ink or Paper denying them all the comforts of life all means of preservation of health not permitting their Wives to come unto them even in time of their Sickness and for the compleating of that Cruelty after years spent in such miserable durance depriving them of the necessary means of Spiritual consolation not suffering them to go abroad to enjoy God's Ordinances in God's House or God's Ministers to come to them to administer comfort unto them in their private Chambers and to keep them still in this oppressed condition not admitting them to be bailed according to Law yet vexing them with Informations in inferiour Courts sentencing and fining some of them for matters done in Parliament and extorting the payments of those Fines from them enforcing others to put in Security of good behaviour before they could be released The imprisonment of the rest which refused to be bound still continued which might have been perpetual if necessity had not the last year brought another Parliament to relieve-them of whom one died by the cruelty and harshness of his Imprisonment which would admit of no relaxation notwithstanding the imminent danger of his life did sufficiently appear by the declaration of his Physician and his release or at least his refreshment was sought by many humble Petitions And his blood still cries either for vengeance or repentance of those Ministers of State who have at once obstructed the course both of His Majesties Justice and Mercy Upon the dissolution of both these Parliaments untrue and scandalous Declarations were published to asperse their proceedings and some of their Members unjustly to make them odious and colour the violence which was used against them Proclamations set out to the same purpose and to the great dejecting of the hearts of the people forbidding them even to speak of Parliaments After the breach of the Parliament in the fourth year of His Majesty Injustice Oppression and Violence broke in upon us without any restraint or moderation and yet the first project was the great sums exacted through the whole Kingdom for default of Knighthood which seemed to have some colour and shadow of a Law yet if it be rightly examined by that obsolete Law which was pretended for it it would be found to be against all the rules of Justice both in respect of the persons charged the proportion of the Fines demanded and the absurd and unreasonable manner of their proceedings Tonnage and Poundage hath been received without colour or pretence of Law many other heavy Impositions continued against Law and some so unreasonable that the sum of the charge exceeds the value of the Goods The Book of Rates lately inhanced to a high proportion and such Merchants as would not submit to their illegal and unreasonable payments were vexed and oppressed above measure and the ordinary course of Justice the common Birth-right of the Subject of England wholly obstructed unto them And although all this was taken upon pretence of guarding the Sea yet a new and unheard-of Tax of Ship-money was devised upon the same pretence By both which there was charged upon the Subject near 700000 l. some years and yet the Merchants have been left so naked to the violence of the Turkish Pirats that many great Ships of value and thousands of His Majesties Subjects have been taken by them and do still remain in miserable slavery The enlargement of Forests contrary to Charta de Foresta and the composition thereupon The exactions of Coat and Conduct-Money and divers other Military charges The taking away the Arms of the Trained Bands of divers Counties The desperate design of engrossing all the Gun-powder into one hand keeping it in the Tower of London and setting so high a rate upon it that the poorer sort were not able to buy it nor could any have it without Licence thereby to leave the several parts of the Kingdom destitute of their necessary defence and by selling so dear that which was sold to make an unlawful advantage of it to the great charge and detriment of the Subject The general destruction of the Kings Timber especially that in the Forest of Dean sold to Papists which was the best Store-house of this Kingdom for the maintenance of our Shipping The taking away of mens Right under colour of the Kings title to Land between high and low water-Marks The Monopolies of Sope Salt Wine Leather Sea-coal and in a manner of all things of most common and necessary use The restraint of the Liberties of the Subjects in their Habitation Trades and other Interest Their vexation and oppression by Purveyors Clarks of the Market and Salt-Peter-men The sale of pretended Nusanzes as Buildings in and about London conversion of Arable into Pasture continuance of Pasture under the name of depopulation have drawn many Millions out of the Subjects Purses without any considerable profit to His Majesty Large quantities of Common and several Grounds have been taken from the Subject by colour of the Statute of Improvement and by abuse of the Commission of Sewers without their consent and against it And not only private Interest but also publick Faith have been broken in seizing of the Money and Bullion in the Mint and the whole Kingdom like to be robb'd at once in that abominable project of Brass Money Great numbers of His Majesties Subjects for refusing those unlawful charges have been vext with long and expensive suits some fined and censured others committed to long and hard imprisonments and confinements to the loss of health in many of life in some and others have had their Houses broken up their Goods seized some have been restrained from their lawful Callings Ships have
The Authors of the many Innovations in Doctrine and Ceremonies the Ministers that have been scandalous in their lives have been so terrified in just Complaints and Accusations that we may well hope they will be more modest for the time to come either inwardly convicted by the sight of their own folly or outwardly restrained by the fear of punishment The Forests are by a good Law reduced to their right bounds the encroachments and oppressions of the Stannary Courts the Extortions of the Clark of the Market and the Compulsion of the Subject to receive the Order of Knight-hood against his will paying of Fines for not receiving it and the vexatious proceedings thereupon for levying of those Fines are by other beneficial Laws reformed and prevented Many excellent Laws and provisions are in preparation for removing the inordinate power vexation and usurpation of Bishops for reforming the pride and idleness of many of the Clergy for easing the people of unnecessary Ceremonies in Religion for censuring and removing unworthy and unprofitable Ministers and for maintaining godly and diligent Preachers through the Kingdom Other things of main importance for the good of this Kingdom are in proposition though little could hitherto be done in regard of the many other more pressing businesses which yet before the end of this Session we hope may receive some progress and perfection The establishing and ordering the Kings Revenue that so the abuse of Officers and superfluity of expences may be cut off and the necessary disbursements for His Majesties Honour the defence and government of the Kingdom may be more certainly provided for The regulating of Courts of Justice and abridging both the delaies and charges of Law-suits The setling of some good courses for preventing the exportation of Gold and Silver and the inequality of exchanges betwixt us and other Nations for the advancing of native Commodities increase of our Manufactures and well-balancing of Trade whereby the stock of the Kingdom may be increased or at least kept from impairing as through neglect hereof it hath done for many years last past for improving the Herring-fishing upon our own Coasts which will be of mighty use in the imployment of the poor and a plentiful Nursery of Mariners for inabling the Kingdom in any great action The Oppositions Obstructions and other Difficulties wherewith we have been encountred and which still lye in our way with some strength and much obstinacy are these The malignant party whom we have formerly described to be the Actors and Promoters of all our Misery they have taken heart again They have been able to prefer some of their own Factors and Agents to degrees of Honour to places of Trust and imployment even during the Parliament They have indeavoured to work in His Majesty ill impressions and opinions of our proceedings as if we had altogether done our own work and not his and had obtained from Him many things very prejudicial to the Crown both in respect of Prerogative and Profit To wipe out this Slander We think good ouly to say thus much That all that we have done is for His Majesty His Greatness Honour and Support When we yielded to give twenty five thousand pounds a month for the relief of the Northern Countries this was given to the King for he was bound to protect His Subjects they were His Majesties evil Counsellors and their ill instruments that were actors in these Grievances which brought in the Scots and if His Majesty please to force those who were the Authors of this War to make satisfaction as He might justly and easily do it seems very reasonable that the people might well be excused from taking upon them this burthen being altogether innocent and free from being any causes of it When we undertook the charge of the Army which cost above 50000 pound a month was not this given to the King was it not His Majesties Army were not all the Commanders under contract with His Majesty at higher rates and greater wages then ordinary And have not we taken upon us to discharge all the brotherly assistance of three hundred thousand pounds which we gave the Scots was it not toward repair of those damages and losses which they received from the Kings Ships and from His Ministers These three particulars amount to above eleven hundred thousand pounds besides His Majesty hath received by Impositions upon Merchandise at least four hundred thousand pounds so that his Majesty hath had out of the Subjects purse since the Parliament began one million and an half and yet these men can be so impudent as to tell His Majesty that we have done nothing for Him As to the second branch of this Slander we acknowledge with much thankfulness that his Majesty hath passed more good Bills to the advantage of the Subjects then have been in many Ages but withall we cannot forget that these venomous counsels did manifest themselves in some endeavours to hinder these good Acts. And for both Houses of Parliament we may with truth and modesty say thus much That we have ever been careful not to desire any thing that should weaken the Crown either in just Profit or useful Power The Triennial Parliament for the matter of it doth not extend to so much as by Law we ought to have required there being two Statutes still in force for a Parliament to be once a year and for the manner of it it is in the Kings power that it shall never take effect if he by a timely summons shall prevent any other way of assembling In the Bill for continuance of this present Parliament there seems to be some restraint of the Royal power in dissolving of Parliaments not to take it out of the Crown but to suspend the execution of it for this time and occasion onely which was so necessary for the Kings own security and the publick Peace that without it we could not have undertaken any of these great charges but must have left both the Armies to disorder and confusion and the whole Kingdom to blood and rapine The Star-chamber was much more fruitful in oppression then in profit the great Fines being for the most part given away and the rest stalled at long times The Fines of the High-Commission were in themselves unjust and seldom or never came into the Kings purse These four Bills are particularly and more specially instanced in the rest there will not be found so much as a shadow of prejudice to the Crown They have sought to diminish our reputation with the people and to bring them out of love with Parliaments the aspersions which they have attempted this way have been such as these That we have spent much time and done little especially in those Grievances which concern Religion That the Parliament is a burthen to the Kingdom by the abundance of Protections which hinder Justice and Trade and by many Subsidies granted much more heavy then any they formerly endured To which there is a ready answer
they alledged by evil Counsellors did raise Forces and by them mastered their Adversaries in that Parliament such as it was for it was held and kept with force how good use soever hath been made of the Precedents therein they procured a special Act of Pardon for their raising of Men and that those Assemblies should not be drawn into example for the time to come And as no Man can levy War or raise Forces without the King so much less against the personal Commands of the King opposed thereunto For by the Statute of the 25. year of King Edward the Third which is but declaratory of the old Law in that point it is Treason to levy War against the King in His Realm Within the construction of which Statute it is true which was said in the late Declaration under the name of both Houses of Parliament of the 26. of May last levying War in some sense against the King's Authority though not intended against His Person is levying War against the King And therefore the raising of Forces though upon pretence of removing of some evil Counsellors from about the Queen hath been adjudged Treason in the Case of the late Earl of Essex in the Reign of Queen Elizabeth and in divers other Cases And We wish all Our Subjects to consider whether if Men shall be raised contrary to Our Proclamation and against Our Will it be not against Our Authority But it is as true and was never denied but in that Declaration that the raising of Forces against the King's personal Command being no Ideot nor Infant uncapable of understanding to Command being accompanied with His Presence is and is most properly levying of War against the King For if it be a sufficient pretence for raising of Men against the King's Person that it is for the defence of the King's Authority and of His Kingdom though against His express Command and Proclamation the Irish Rebels will have colour for their horrid Rebellion for they say though it be notoriously false it is for the defence of the King's Authority and of His Kingdom And Wat Tyler and Jack Cade and Kett the Tanner wanted not publick Pretences which were perhaps just causes of Complaints though not of raising of Men. And though these persons have gone about subtilly to distinguish betwixt Our Person and Our Authority as if because Our Authority may be where Our Person is not that therefore Our Person may be where Our Authority is not We require all Our good Subjects to take notice of the Law which is in print and full force That their Allegiance is due unto the natural Person of their Prince and not to His Crown or Kingdom distinct from His natural Capacity and that by the Oath of Ligeance at the Common Law which all persons above the age of twelve years are or ought to be sworn unto they are bound to be true and faithful not to the King only as King but to Our Person as King CHARLES and to bear Us truth and faith of Life and Member and earthly Honour and that they shall neither know nor hear of any ill or damage intended to Us that they shall not defend And that when in the time of King Edward the Second Hugh Spencer being discontented with the King caused a Bill to be written wherein was contained amongst other things That Homage and the Oath of Allegiance was more by reason of the King's Crown that is His Kingdom than of His Person and that seeing the King cannot be reformed by suit of Law if the King will not redress and put away that which is ill for the Common People and hurtful to the Crown that the thing ought to be put away by force and that His Lieges be bound to Govern in aid of Him and in default of Him he was condemned for it by two Parliaments and perpetually banished the Kingdom We have made mention of these Cases not so much to clear Our Right that We alone have the power of raising Forces and none of Our Subjects either in Parliament or out of Parliament against Our Will or personal Command which We think no Man that hath the least knowledge in Our Laws and is not led away by private Interests and may speak his mind freely will deny nor was ever questioned in any Parliament before this time as to let them see how dangerous the effect and consequence of raising of Forces without Us may be unto Us and to the Commonwealth under pretence of Defence of both And though We cannot doubt of the Affections of Our good Subjects considering their Interest is involved with Ours and how precious the Peace of the Kingdom is and ought to be unto them and that according to the words of the Statute of the eleventh year of King Henry the Seventh and the eighteenth Chapter by the duty of their Allegiance they are bounden to serve and assist Us at all seasons when need shall require Yet to the end that Our good Subjects may know what their Duty is and what We expect from them and that all others who through Malice or private Interests shall be transported beyond their Duties may be left without excuse We do therefore by this Our Proclamation charge and command all Our Subjects upon their Allegiance and as they tender Our Honour and Safety and the Peace and Safety of the Kingdom that they presume not to raise or levy any Horses Horsmen or Arms or any Forces whatsoever by colour of any Authority whatsoever without Our express pleasure signified under Our great Seal other than such as shall be raised levied and imprested by the Order as well of Our Self as of both Houses of Parliament according to an Act made this Sessions intituled An Act for the better raising and levying of Soldiers for the present defence of the Kingdoms of England and Ireland by Justices of Peace and otherwise in such manner as is prescribed in the said Act or Contribute or give any Assistance in Money Plate finding of Horses Horsmen or Arms or any other ways to or for any such Preparation Levie or Forces And that such of Our good Subjects who through Ignorance have been mis-led to consent or subscribe to any such Levie Contribution or Assistance forthwith upon publication of this Our Proclamation desist from continuing such their Contribution or Assistance or giving any countenance to any such Levies at their utmost perils And We do likewise streightly charge and command as well all Our Sheriffs Justices of Peace Mayors Balliffs Constables and all other Our Officers whatsoever that they use their utmost endeavours as well for publishing this Our Proclamation as for the suppressing of all Levies or Forces raised or to be raised without or against Our consent as also all other Our loving Subjects that they be attending aiding and assisting Our said Officers and Ministers therein as they and every of them will answer it at their utmost perils Given at Our Court at York
Parliament as to prevail with the major part remaining of both Houses how much soever that major part be the smaller in comparison of the whole to suffer that name whose Reverence by all means We desire to preserve to be so soyl'd as to be prefixed to a Paper of this unsufferable nature that tends not only to the Destruction of Our Person but to the Dissolution of this Government and of all Society If at least this Declaration which We rather see cause to hope it hath not have so much as been seen in the Houses and be not the single work of the same Omnipotent Committee to which is devolved the whole power of the Parliament and which as We understand is trusted without acquainting the Houses to break up any Man's House and take away the Arms and Mony intended to defend and feed him if they shall see cause to suspect that he meant to assist his Sovereign with them and may well be as fully and implicitly trusted to Declare as to Act whatsoever they please And though We doubt not but to their utmost they will continue that injury to Us and that violation of the Subjects Liberty and of publick Right to vex and imprison those who shall publish any of Our Answers to their Declarations and indeed whilst they affirm against all Truth and command against all Law it concerns them to take care that nothing be heard but what they say yet Our comfort is that Our Intentions and the Duty of Our Subjects are so well and so generally known to Our People that We cannot fear from whomsoever it come and though no Answer came out with it that either what is there said should be believed or what is there commanded should be obeyed Who knows not that Our Commissions for Horse and Foot were not granted out till not only our Prerogative but Our Propriety Our Goods Arms Towns Militia and Negative Voice were taken from Us and all the Kingdom commanded to be in Arms and invited to bring in Horse Plate and Mony to frame an Army against Our Command and Proclamation and till Horse were raised and mustered accordingly and then with no intention nor hath any Action in any of Our Ministers given the least suspicion of such an Intention by them to compel Our Subjects to submit to Our Commissions of Array or make use of them against the Parliament but to regain Hull held out in Rebellion against Us and to suppress all such as without Our Authority and against Our Commands should raise Forces in this Our Kingdom and levy War against Us under pretence of any Order or Ordinance of one or both Houses And such traitorous Assemblies and Marches have been the only lawful and necessary Occasions of our good Subjects which have not been so much as interrupted by any Troops of Ours And what is affirmed of the spoiling and killing them as they were so travelling under our Protection and according to Law is a most malicious Affirmation as well without truth as without instance invented at once to make Our Troops terrible and Us odious to Our People What care have We taken that by this means the power of the Sword should not come into the hands of Papists who have by Our Proclamation strictly charged that no Papist should presume to list himself either as Officer or Soldier in this Our Army having directed how he should be discovered if he did presume and suffer if he were discovered What care have We taken to avoid Combustion and Civil War offering to lay down Our Arms when they shall have lay'd down their in whom it was Treason to take them up and restored Us those things which could not without Treason as well as Injustice be forced away and kept from Us Our Arms Ships Town c. And when We might meet both Our Houses in a safe and secure place to debate freely of all the Differences in a Parliamentary way And by whose Influences these Propositions were rejected and whether the Proposer or Rejecters were most careful to avoid this Ruine and Desolation of the Kingdom We leave all the World to judge and whether they who divert the Men and Mony collected for the relief of Distressed Ireland to raise Forces against their Prince who asks them nothing but what is Legal nor will deny them any thing that is do not joyn with the Popish and Jesuitical Faction in the bloody Massacre of many Thousand Protestants in that miserable Kingdom We propose likewise to every Man's judgment whether the declaring those to be Traitors who execute Our Commission of Array issued in so many Kings Reigns agreed upon by Parliament and there yielded to by the King to be settled as now it is as a matter of great grace and since that time which was in the 5 Hen. IV. in no Parliament complained of whilst Our good Subjects are vexed and imprisoned not only for resisting but for humbly petitioning so as may seem but to insinuate something against their most illegal Commands concerning the Militia To which power of commanding no Title can be made by any Statute or any Precedent nor can We ever find by search nor obtain to be told what those Fundamental Laws are by which it is pretended so deep those Foundations are laid beyond all means of discovery and the declaring that those who raise Men by virtue of Our Command and Commission the only Legal way traitorously and rebelliously levy War against the King and ordaining it to be lawful for all Our Subjects by force of Arms to resist them and their Accomplices and the raising of Forces by Authority of Parliament that is by the remaining part of both Houses never in the most outragious times before attempted and commanding several persons whom they call Lieutenants to lead and giving them power to transport from one County to another the Forces of several of Our Counties against them and to kill and slay all such as by force shall oppose them Our Self not excepted commanding all Our Officers and Subjects to be assisting to them and undertaking to secure them for so doing by the Power and Authority of Parliament which is first to allow and next to command and then to pardon Treason be not to have already subverted as much as in them lies the Liberty of the Subject the Law of the Land and altered the Ancient Government of the Kingdom leaving Our Subjects without all Rule to walk by when the most clear Laws cannot direct and secure them and they see all those Ancient bounds passed over which were ever as much known to be the Duty of both Houses to observe as it was evident that there were and that it was necessary that there should be Two Houses of Parliament and at once behold the Law which is to defend and protect the Subject and Us Who are to protect and defend the Law need Defence and Protection We doubt not therefore but all Our good Subjects will come in
Letters to the Speaker of the House of Commons a Copy of which was sent to Us were forthwith sent to them That Our Army would be forced through wants to disband or depart the Kingdom and that there would be nothing to be exspected there but the instant Loss of the Kingdom and the destruction of the remnant of Our good Subjects yet left there In stead of any redress or relief according to these Letters such Ships as were by the care and charity of well-affected Persons provided to transport Cloths and Victual to them were in their Voyage thither seized and taken by the Ships under the Command of the Earl of Warwick and in stead of endeavours to send more Forces thither attempts were made to draw the Scotch Forces from thence into this Kingdom So that We thought Our Self bound in Duty and Conscience since it was not in Our power otherwise to preserve that Kingdom from utter Ruine at least to admit any Expedient which with God's blessing might be a means to preserve that People and therefore We directed the Lord Marquess Ormond whom for his Courage Affection and Loyalty We had made Our Lieutenant-General of that Our Army and who having gotten so many notable Victories upon the Rebels was very well approved of by the two Houses of Parliament to agree on Our behalf to such a Cessation of Arms with the Rebels as upon his understanding and knowledge of the condition of Our affairs there should be thought reasonable This Cessation was concluded on the 15. day of September for one whole year and the Articles thereof printed at Dublin were sent to Us by Our Lords Justices and Council and arrived here on Saturday last with a Letter from them to one of Our Secretaries expressing the great sufferings of Our Army there through want of relief out of England We have thought fit with this true and plain relation to publish the said Articles according to the Copy sent Us that all Our good Subjects may see how We have proceeded herein What opinion the principal Persons as well of Our Council as the Officers of Our Army there have of this Cessation may appear by the Testimony which We have caused to be Printed after the Articles with their names who have set their hands to the same And let all Our good Subjects be assured that as We have for these Reasons and with this Caution and deliberation consented to this Preparation to Peace and to that purpose do continue Our Parliament there so We shall proceed in the accomplishing thereof with that care and circumspection that We shall not admit even Peace it self otherwise than as it may be agreeable to Conscience Honour and Justice By the Lords Justices and Council Jo. Borlase Hen. Tichborne UPON consideration had of the annexed Articles of Cessation of Arms whereby it is concluded and accorded that there be a Cessation of Arms and of all Acts of Hostility for one whole year beginning the fifteenth day of September Anno Domini one thousand six hundred forty three at the hour of twelve of the Clock of the said day We the Lords Justices and Council according to His Majesty's Letters of the one and thirtieth of July last do by this Proclamation in His Majesty's Name ratifie confirm and publish the same and do require all His Majesty's Subjects whom it may concern by Sea and Land to take notice thereof and to yield all due Obedience thereunto in all the parts thereof Given at His Majesty's Castle of Dublin the 19th day of September 1643. R. Bolton Canc. Roscomon Cha. Lambart Tho. Rotherham Tho. Lucas La. Dublin Edw. Brabazon Geo. Shurley Ormonde Ant. Midensis Gerard Lowther Fr. Willoughby Ja. Ware God Save the KING ARticles of Cessation of Arms agreed and concluded on at Singingstown in the County of Kildare the 15. day of September in the nineteenth year of His Majesty's Reign by and between James Marquess of Ormond Lieutenant-General of His Majesty's Army in the Kingdom of Ireland for and in the Name of Our Gracious Sovereign Lord CHARLES by the Grace of God King of Great Britain France and Ireland c. by virtue of His Majesty's Commission bearing date at Dublin the last of August in the said nineteenth year of His Majesty's Reign of the one part and Donnogh Viscount Muskery Sir Lucas Dillon Knight Nicholas Plunket Esquire Sir Robert Talbot Baronet Sir Richard Barnewell Baronet Torlogh O-Neal Geffry Brown Ever Mac-Gennis and John Walsh Esquires authorized by His Majesty's Roman Catholick Subjects of whose party they are and now in Arms in the said Kingdom c. to treat and conclude with the said Marquess for a Cessation of Arms by virtue of an Authority given unto them bearing date at Cashel the 7. day of September in the said nineteenth year of His Majesty's Reign of the other part FIrst It is concluded and accorded that there be a Cessation of Arms and of all Acts of Hostility between His Majesty 's said Roman Catholick Subjects who are now in Arms c. in this Kingdom and their Party and all others His Majesty's good Subjects for one whole year to begin the fifteenth day of Septemb. Anno Dom. 1643. at the hour of 12. of the clock of the said day Item It is concluded and accorded that free passage Entercourse Commerce and Traffick during the said Cessation shall be between His Majesty 's said Roman Catholick Subjects who are now in Arms c. and their Party and all others His Majesty's good Subjects and all others in League with His Majesty by Sea and Land Item It is concluded and accorded and the said Viscount Muskery and the rest of the above-named Persons do promise and undertake for and in the behalf of those for whom they are authorized to treat and conclude as aforesaid that all Ships Barques and Vessels which shall bring Provisions to any Harbour in this Kingdom in the hands or possession of such as shall obey the Articles of this Cessation from Minehead and White-haven and from all the Ports between on that side where Wales is situate so as they be Ships belonging to any of the said Ports and do not use any Acts of Hostility to any of the said Roman Catholicks who are now in Arms c. or to any of their Party or to any who shall be waged or employed unto or by them shall not be interrupted by any of their Party nor by any Ships or other Vessels of what Country or Nation soever under their Power or Command or waged employed or contracted with on their behalf or by any Forts Garrisons or forces within this Kingdom under their power in their coming to this Kingdom or returning from thence Item It is concluded and accorded and the said Lord Viscount Muskery and the rest of the above-named parties do promise and undertake for and in the behalf of those for whom they are authorized as aforesaid that all Ships Barques and Vessels which shall bring
by His Majesty or us in order to Peace here being so great a Condescending from a King to Subjects all indifferent Advantages left to them both for time and place of Treaty and choice of Persons to Treat But what their Intentions to Peace are will appear by their Letter enclosed in one from their General to the Earl of Forth both which are as followeth My Lord I Am commanded by both Houses of Parliament to send a Trumpeter with the inclosed Letter to His Majesty which I desire your Lordship may be most humbly presented to His Majesty I rest Essex-House March 9. 1643. Your Lordships humble Servant Essex May it please Your MAJESTY WE the Lords and Commons assembled in the Parliament of England taking into our Consideration a Letter sent from Your Majesty dated the third of March instant and directed to the Lords and Commons of Parliament assembled at Westminster which by the Contents of a Letter from the Earl of Forth unto the Lord General the Earl of Essex we conceive was intended to our selves have resolved with the concurrent advice and consent of the Commissioners of the Kingdom of Scotland to represent to Your Majesty in all humility and plainness as followeth That as we have used all means for a just and safe Peace so will we never be wanting to do our utmost for the procuring thereof But when we consider the Expressions in that Letter of Your Majesty's we have more sad and dispairing thoughts of attaining the same than ever because thereby those Persons now assembled at Oxford who contrary to their Duty have deserted Your Parliament are put into an equal Condition with it and this present Parliament convened according to the known and Fundamental Laws of the Kingdom the continuance whereof is established by a Law consented unto by Your Majesty is in effect denied to be a Parliament The Scope and Intention of that Letter being to make provision how all the Members as is pretended of both Houses may securely meet in a full and free Convention of Parliament Whereof no other conclusion can be made but that this present Parliament is not a full nor free Convention and that to make it a full and free Convention of Parliament the presence of those is necessary who notwithstanding that they have deserted that great Trust and do levy War against the Parliament are pretended to be Members of the two Houses of Parliament And hereupon we think our selves bound to let Your Majesty know That seeing the Continuance of this Parliament is settled by a Law which as all other Laws of Your Kingdoms Your Majesty hath sworn to maintain as we are sworn to our Allegiance to Your Majesty these obligations being reciprocal we must in duty and accordingly are resolved with our Lives and Fortunes to defend and preserve the Just Rights and full Power of this Parliament And do beseech Your Majesty to be assured that Your Majesty's Royal and hearty Concurrence with us herein will be the most effectual and ready means of procuring a firm and lasting Peace in all Your Majesty's Dominions and of begetting a perfect understanding between Your Majesty and Your People without which Your Majesty's most earnest Professions and our most real Intentions concerning the same must necessarily be frustrated And in case Your Majesty's three Kingdoms should by reason thereof remain in this sad and bleeding Condition tending by the continuance of this unnatural War to their Ruine Your Majesty cannot be the least nor the last Sufferer God in his goodness incline Your Royal Breast out of pity and compassion to those deep Sufferings of Your Innocent People to put a speedy and happy issue to these desperate Evils by the joynt Advice of both Your Kingdoms now happily united in this Cause by their late solemn League and Covenant Which as it will prove the surest Remedy so is it the earnest prayer of Your Majesty's Loyal Subjects the Lords and Commons assembled in the Parliament of England Westminster the 9 of March 1643. Gray of Wark Speaker of the House of Peers in Parliament pro tempore William Lenthall Speaker of the Commons House in Parliament Whosoever considers that this should be a Letter from Subjects might well think it very unbeseeming Language in them to call His Majesty's earnest endeavours for Peace but Professions and their own feigned pretence most real Intentions but much more menacing Language that is Majesty cannot be the least or last Sufferer which expressions from Subjects in Arms to their Soveraign what dangerous Construction they may admit we are unwilling to mention But we need not wonder at the manner of their expressions when we see in this Letter the Parliament it self as far as in them lies destroyed and those who here style themselves the Lords and Commons assembled in the Parliament of England not to resolve upon their Answer to their King without the concurrent advice and consent of the Commissioners as they call them of the Kingdom of Scotland If they had only taken the Advice of the Scotish Commissioners they had broken the Fundamental Constitution of Parliament the very Writs of Summons the Foundation of all Power in Parliament being in express terms for the Lords to treat and advise with the King and the Peers of the Kingdom of England and for the Commons to do and consent to those things which by that Common-Council of England should be ordained thereby excluding all others But their League it seems is gone further the Scots must consent as well as advise so that they have gotten a negative voice and they who in the former Letter would be the Kings only Council are now become no Council without the Scotish Commissioners The truth is they have besides the solemn League and Covenant with the Scots which their Letter mentions a strange and traitourous presumption for Subjects to make a Covenant and League with Subjects of another Kingdom without their Prince made private bargains with the Scots touching our Estates and a private agreement not to treat without their consent as some of themselves being afraid of a Treaty openly declared to the Common-Council of London And therefore 't is no wonder that being touched to the quick with the apprehension that they are not nor can be in this condition a full and free Convention of Parliament they charge us with deserting our Trust and would have us to be no Members of the Parliament They may remember it was our want of freedom within and the seditious Tumults without their many multiplied Treasons there and imposing traitourous Oaths which inforced our absence But concerning that and the want of freedom in Parliament we shall say no more here that being the Subject of another Declaration only we wish them to consider by what Fundamental Laws of the Kingdom which they have lately wrested to serve all turns they can exclude us from our Votes in Parliament who were duely summoned chosen and returned Members of Parliament and
take in those of another Kingdom to their Resolutions who are not bound by our Laws But what violation soever they make of the Laws they are forward to put the King in mind of His Duty and therefore tell Him That He is sworn to maintain the Laws as they are sworn to their Allegiance to Him these Obligations being reciprocal It is true in some sense that the Oath of the King and Subjects is reciprocal that is each is bound to perform what they swear the King as well as the Subjects but he that will well weigh their Letter and make one part have connexion with the other and examine that part of their Covenant whereby they swear they will defend the Kings Person and Authority no further or otherwise than in preservation of their Religion and Liberties may easily find another construction viz. That the Subjects Allegiance is no longer due than the King performs His Duty nay no longer than He in their opinion observes His Duty whereof they themselves must be Judges and if He fail in His Duty they may take up Arms against Him A Principle which as it is utterly destructive to all Government so we believe they themselves dare not plainly avow it lest as they now make use of it against the King so the People finding their failure of Duty and breach of Trust should hereafter practise it by taking up Arms against them and so shake of that yoak of Tyranny imposed by their fellow Subjects which lies so heavy upon them It were well as they still press upon the King maintenance of the Laws they would also know that their Obligation to observe the same is reciprocal and while they here resolve to defend and preserve the full Power of this Parliament which in their sense can be no other than the Power they have exercised this Parliament they would take notice that they are therein so far from observation of the Laws that they desperately resolve an utter subversion of them For what can more tend to the destruction of the Laws than to usurp a Power to themselves without the King and against His will to raise Arms to attribute to their Orders or pretended Ordinances the power of Laws and Statutes to inforce Contributions Loans and Taxes of all sorts from the Subject to imprison without cause shewed and then prohibit Writs of Habeas Corpus for their enlargement to lay Excises upon all Commodities to command and dispose of the Lives and Estates of the free-born Subjects of this Kingdom at their pleasure to impose Tonnage and Poundage contrary to the Law declared in the late Act for Tonnage and Poundage and all this done and justified as by a legal civil Power founded and inherent in them All which are manifest breaches of the Petition of Right and Magna Charta the great Evidence of the Liberties of England which Charter by express words binds them and us though assembled in Parliament as well as the King And though it be not now as heretofore it hath been taken by solemn Oath on the Peoples part as well as on the Kings nor a Curse as heretofore pronounced on the Violators yet they having taken a Protestation to maintain the Laws and the Liberties and Properties of the Subject and inclusively that Charter let them take heed whilst they make use of this their pretended Power to the destruction of the Law lest a Curse fall upon them and upon their Posterity God knoweth and it is too certain a truth that our selves and many other good Subjects in this Kindom even under the Power of the Kings Army have suffered exceedingly in Liberty and Estates during this present Rebellion by many heavy Charges the sad consideration whereof makes our hearts bleed because we can see no way for relief so long as this unnatural Rebellion continues But as these things were first practised by them and thereby necessitated upon the Kings Army so it was never yet pretended that they were done by virtue of a Law but either by Consent or by the unhappy and unavoidable exigences of War and to expire with the present Rebellion which God in mercy hasten For our parts we have the inward comfort of our own Consciences witnessing with us that we have improved all opportunities and advantages for the restoring of this Kingdom to its former Peace and we must witness for His Majesty His most hearty desires thereof And though both His Majesty and our endeavours therein have been made frustrate yet God in his great goodness hath raised up our spirits not to desert our Religion our King our Laws our Lives the Liberties of us English free-born Subjects and by God's assistance and His Majesty's concurrence we do resolve to unite our selves as one Man and cheerfully adventure our Lives and Estates for the maintenance and defence of the true Reformed Protestant Religion of the Church of England of which we profess our selves to be for the defence of the Kings Person and Rights of His Crown for the regaining and maintaining the Rights and Privileges of Parliament and the Liberty of the Subjects Person and Property of his Estate according to the known Laws of the Land to repel those of the Stotish Nation that have in a warlike manner entred this Realm and to reduce the Subjects thereof now in Rebellion to the Kings Obedience And we doubt not but the same God will enlighten the eyes of the poor deceived People of this Land like true-hearted honest English-Men to joyn unanimously with us in so just and pious a work And the God of Heaven prosper us according to the goodness of the Cause we have in hand The Names of the Lords and Commons of Parliament assembled at Oxford who did subscribe the Letter to the Earl of Essex dated January 27. 1643. CHARLES P. YORK CUMBERLAND Ed. Littleton C. S. Fra. Cottington D. Richmond M. Hartford E. Lindsey E. Dorset E. Shrewsbury E. Bath E. Southampton E. Leicester E. Northampton E. Devonshire E. Carlisle E. Bristol E. Berkshire E. Cleveland E. Rivers E. Dover E. Peterburgh E. Kingston E. Newport E. Portland V. Conway L. Digby L. Mowbray and Maltravers L. Wentworth L. Cromwell L. Rich. L. Paget L. Chandois L. Howard of Charleton L. Lovelace L. Savile L. Mohun L. Dunsmore L. Seymour L. Percy L. Wilmott L. Leigh L. Hatton L. Jermyn L. Carrington JOhn Fettiplace Esq Sir Alex. Denton Sir John Packington Sir Tho. Smith F. Gamul Esq Jo. Harris Esq Joseph Jane Esq Rich. Edgcombe Esq Jonathan Rashleigh Esq G. Fane Esq P. Edgcombe Esq Will. Glanvill Esq Sir Ro. Holborne Sir Ra. Sydenham Fra. Godolphin Esq Geo. Parry D. of Law Amb. Manaton Esq Ri. Vivian Esq Jo. Polewheele Esq John Arundell Esq Tho. Lower Esq Sir Edw. Hide Will. Allestree Esq Sir Geo. Stonehouse Ed. Seymour Esq Peter Sainthill Esq Sir Will. Poole Roger Matthew Esq Ri. Arundell Esq Ro. Walker Esq Giles Strangwaies Esq Sir John Strangwaies Sir Tho. Hele. Sir Ger. Naper Sam. Turner
lastly after having lived so many years in the most glorious and most unblemished Church of Christendom the total defacing and pulling down the whole Fabrick of it censuring and reproaching the Doctrine and destroying the Discipline and as if we were cast ashore in some uninhabited Climate where the Elements of Christianity were not known the calling without the least shadow or colour of Law or Lawful Authority against His Majesty's express Consent manifestly against the Statute of 25 th year of King Henry the Eighth an assembly of Divines composed of some Noblemen Gentlemen and Ministers all under the style of Godly and Learned Divines most of which are not otherwise known than by their Schism and Separation from that Church in which they were born and to which they have subscribed and these Men now must new-make and mould the Religion by which we must all be saved God in his good time we hope will vindicate his own Cause and repair the breaches which have been lately made For the Laws of the Land and the Liberty of the Subject so speciously urged and pretended to be the end of those who have disturbed our Peace we need say little every place and every person is an ample evidence and testimony of the bold and avowed violation of either The Charter of our Liberties Magna Charta so industriously and Religiously preserved by our Ancestors and above Thirty several times confirmed in Parliament that Rampire and Bulwark of all the precious Privileges and Immunities which the Subjects of this Kingdom could boast of and which distinguishes them from all the Subjects of Christendom is levelled and trampled under foot scorned despised and superseded by Votes and Orders Men of all sorts Clergy and Laity imprisoned without the least charge that by the Law is called a Crime and their Estates are sequestred by Persons of whom the Law can take no notice Committees made by Committees Rob Banish and Imprison the Lords and Commons of England Men committed by Persons of no Authority for no cause to Prison have by Habeas Corpus the good old Remedy and Security for our Liberty been brought to the Kings Bench and by command of those who first committed them remanded and Commands given to the Judges that they should grant no Habeas Corpus which they were sworn to grant to any Persons committed by them or by those to whom they grant Authority to commit which themselves have not Power to do Neither can we pass over the motion made by Mr. Rigby a Member of the House of Commons to transport those Lords and Gentlemen who were Prisoners and by them accounted Malignants to be sold as Slaves to Argiers or sent to the new Plantation in the West Indies urged the second time with much earnestness because the Proposer had contracted with two Merchants to that purpose the which though it took no effect at that time may awaken those who have observed so many things to pass and be ordered long after they have been once or twice denied and rejected And who sees the new and inhumane way of imprisoning Persons of Quality under Decks on Ship-board by which cruel usage many of our Country-men have been murthered may have reason to fear they may be hereafter carried a longer voyage than is yet avowed The twentieth part of our Estates is at once taken and if we are not willing to obey that Order the other Nineteen are taken from us as Malignants a term unknown and undefined and yet crime enough to forfeit our Lives and all that we have Our fellow-Subjects have been executed in cold blood for doing that which by the Laws of God and Man they were bound to do and after their Murther their Estates seized and their Wives and Children exposed to Misery and Famine Laws made and Penalties imposed by Laws this Parliament are suspended dispensed withal and those things done by Order against which those Laws were made And that there may be no face of Justice over the Land the Judges are prohibited to ride their Circuits for the administration of that Justice which the King owes His People and they are bound to execute And after all this and after the merciless shedding so much English Blood after the expending so much Money much of which was given for relief of our poor Protestant Brethren of Ireland and diverted for the improving the Distractions at home after the transportation of such vast sums of Money and great Treasure into Foreign parts to the unspeakable impoverishing this Poor Kingdom to make our Misery lasting and our Confusion compleat a Foreign Enemy is invited and brought into the Bowels of this Kingdom to drink our blood to divide our Possession to give us new Laws and to Rule over us And the better to make way to those horrid Impositions by confounding and making void all civil Rights and Proprieties and the better preparing the Kingdom to be shared by Strangers a New Great Seal the special Ensign of Monarchy and the only way by which Justice is derived and distributed to the People is counterfeited and used albeit it be by the express letter of the Statute of the 25 th year of King Edward the Third declared to be High Treason Having now made this clear plain Narration to the Kingdom the truth and particulars whereof are known to most Men that when Posterity shall find our names in the Records of these times as Members trusted by our Country in that great Council by whose Authority and Power the present Alteration and Distraction seems to be wrought it may likewise see how far we have been and are from consenting to these desperate and fatal Innovations we cannot rest satisfied without Declaring and Publishing to all our fellow-Subjects and to the whole World that all our Intentions and Actions have been are and shall be directed to the defence of His Majesty's Person and just Rights the preservation of the true Protestant Religion and Liberties of the Kingdom established by Law That as we do with all humility to God Almighty and as a great Blessing from him acknowledge His Majesty's happy and Religious Reign and Government over this Kingdom and especially the excellent Laws and Statutes made in His time and particularly those in this Parliament so we do with all duty and submission Declare That His Majesty is the only Supream Governour of this Realm in all Causes Ecclesiastical and Temporal That His Natural Person is not to be divided from His Kingly Office but that our natural Allegiance and the Oaths of Allegiance and Supremacy do bind us and all His other Subjects to Loyalty and Allegiance to His Natural Person That His Majesty's Negative Voice without which Monarchy is dissolved is an inherent Right of His Crown and that no Orders of one or both Houses of Parliament without His Majesty's express Consent can make a Law to bind the Subjects either in their Property or Liberty That we do from our Souls abhor
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
we have offered so weighty Doubts and Considerations to your Lordships in this days Debate concerning several parts in the Bill for abolishing of Episcopacy your Lordships having confined and limited our Debate to that individual Bill as it is now penn'd not the consideration of abolishing Episcopacy in general that your Lordships cannot expect a positive Answer from us now being after eleven a clock at night touching that Bill But we shall be ready by the next day assigned for the Treaty upon this Argument to deliver our Opinions to your Lordships the which we shall be then the better able to do when we have found by the progress in our other Debates how far a blessed and a happy Peace is like to be advanced by our endeavouring to give your Lordships satisfaction in this particular This being the last of the three first days assigned for the Treaty upon Religion that Subject was again taken up the 11 th of February being the first of the second three days appointed for Religion And their Commissioners delivered this Paper 11. Feb. HAving received no satisfaction in the first three days appointed to Treat upon the Propositions for Religion we do now desire your Lordships clear and full Answer to our former Demand on this Subject that no farther time may be lost in a matter which doth so much concern the Glory of God the Honour of the King and the Peace and Happiness of His Kingdoms The King's Commissioners Answer 11. Feb. VVE gave your Lordships as much satisfaction in the first three days appointed to Treat upon the Propositions for Religion as in so short a time and upon so little information from your Lordships could reasonably be expected in a matter of so great and high importance And as we have given your Lordships already many Reasons concerning the Injustice and Inconveniency which would follow upon passing the Bill for abolishing Episcopacy according to your first Proposition so we are now ready by Conference to satisfie your Lordships why we conceive that the said Bill is not for the Glory of God or the Honour of the King and consequently cannot be for the Peace and Happiness of His Kingdoms And if your Lordships Reasons shall convince us in those particulars we shall willingly consent to what you desire if otherwise we shall offer to your Lordships our Consent to such other Alterations as we conceive may better contribute to the Reformation intended and such as may stand with the Glory of God and in truth be for the Honour of the King and the Peace and Happiness of His Kingdoms Their Reply 11. Feb. VVE have received no satisfaction from your Lordships concerning the Propositions delivered in by us for Religion in the name of the Parliaments of both Kingdoms not have you made appear unto us any Injustice or Inconveniency in the passing of the Bill for abolishing of Episcopacy And as it cannot be denied but the settling of Religion is a matter which doth highly concern the Glory of God the Honour of the King and the Peace and Happiness of his Kingdoms so do we desire your Lordships will grant those Demands which have been made unto you by us to that end and we are ready by present Conference to receive what your Lordships will offer upon any of those Propositions and to return that which may give your Lordships just satisfaction The King's Commissioners Answer 11. Feb. YOUR Lordships having expressed in your Paper of the first of February that there are other things touching Religion to be propounded by your Lordships to us we presume that by this time you may be enabled by your Instructions to propose the same and therefore we desire to receive them from your Lordships Which we hope your Lordships will think very reasonable when you consider how incongruous a thing it will appear to most Men to consent to real and substantial Alterations in the matter of Religion without having a view of the whole Alterations intended when at the same time there is mention of other Alterations Their Answer thereunto 11. Feb. WE shall deliver in very speedily that which remains with us touching Religion to be propounded unto your Lordships But we do desire as before your Lordships Answers unto our Demands in the same order that we have proposed them not conceiving it reasonable there should be any time spent in Debates or Answers upon what we shall hereafter offer till we have received satisfaction in our former Propositions which we desire may be speedily done lest otherwise the Treaty be retarded and the Expectation of both Kingdoms altogether frustrated Notwithstanding this they delivered in this further Answer 11. Feb. IN Answer to your Lordships Paper this day delivered to us we desire that His Majesty do give His Royal Assent to an Act of Parliament for the due Observation of the Lords Day and to the Bill for suppressing of Innovations in Churches and Chapels 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 enjoying of Pluralities of Benefices by Spiritual persons and non-Residency And we shall in due time give in to your Lordships our Demands concerning Papists contained in the sixth seventh eighth ninth and tenth Propositions and for His Majesty's Assenting to an Act to be framed and agreed upon in both Houses of Parliament for the regulating and reforming of both Universities of the Colleges of Westminster Winchester and Eaton and for the Education and Marriage of His Majesty's Children and the Children of His Heirs and Successors in the true Protestant Religion as in the 21 Proposition Some part of the 11th and most part of the 12th of February was spent in Argument by Divines touching Episcopacy and the Presbyterial Government Afterwards their Commissioners gave in this Paper 12. Feb. THere having now been several days spent in debate upon the Propositions for Religion and all Objections alledged to the contrary either from Conscience Law or Reason being fully answered and the time allotted for that so important a part of the Treaty almost elapsed we should be wanting to the Trust reposed in us if we should not press and Expect as we now do a clear and positive Answer to those Demands concerning Religion which we have offered unto your Lordships from the Parliaments of both Kingdoms as most necessary for the settling of a safe and well-grounded Peace in all His Majesty's Dominions The King's Commissioners Answer 12. Feb. WE deny that the Objections alledged by us against the passing the for abolishing Episcopacy from Conscience Law or Reason have been fully answered by your Lordships or that indeed we have received any satisfaction from your Lordships in these particulars We have received no Information from your Lordships to satisfie us that Episcopacy is or hath been an impediment to a perfect Reformation to the growth of Religion or that it
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
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
by Acts of Parliament for that War have been formerly diverted to other uses of which Money 100000 l. at one time was issued out for the payment of the Forces under the Earl of Essex And as to diverting the Forces provided for the reducing of Ireland though we conceived it ought not to be objected to His Majesty considering the Forces under the Command of the Lord Wharton raised for Ireland had been formerly diverted and imployd against Him in the War here in England yet it is evident they were not brought over till after the Cessation when they could no longer subsist there and that there was no present use for them and before those Forces brought over there was an attempt to bring the Scotish Forces in Ireland as likewise divers of the English Officers there into this Kingdom and since the Earl of Leven their General and divers Scotch Forces were actually brought over To the Allegations that many Persons of all sorts have forsaken the Kingdom rather than they would submit to that Cessation we know of none but it is manifest that divers who had left that Kingdom because they would have been famished if they had continued there since that Cessation have returned Touching the Committee sent into Ireland we have already answered they were not discountenanced by His Majesty in what they lawfully might do although they went without His Privity but conceive your Lordships will not insist that they should sit with the Privy-Council there and assume to themselves to advise and interpose as Privy-Councellors And we again deny the Subscriptions of the Officers of the Army was diverted by His Majesty and it is well known that some Officers apprehending upon some speeches that the drift in requiring Subscriptions was to engage the Army against His Majesty in detestation thereof upon those speeches rent the Book of Subscription in pieces For the diversion of the Moneys raised for that War if they had been since repaid the contrary whereof is credibly informed to His Majesty yet that present Diversion might be and we believe was a great means of the future Wants of that Kingdom which induced the Cessation As to the Lord Wharton's Commission we conceive we have already fully satisfied your Lordships the just Reasons thereof For the Letters whereof your Lordships had Copies we conceive that you being thereby satisfied of the Contents and that they came from the Lords Justices and Council there your Lordships need not doubt of the truth of the matter and for the Names of the single Persons subscribing we cannot conceive it is desired for any other purpose than to be made use of against such of them as should come into your Quarters you having not granted though desired that it shall not turn to their Prejudice if we should give in their Names Upon what hath been said it appears that His Majesties English Protestant Subjects in Ireland could not subsist without a Cessation and that the War there cannot be maintained or prosecuted to the subduing of the Rebels there during the continuance of this unnatural War here is evident to any man that shall consider that this Kingdom labouring in a War which imploys all the Force and Wealth at home cannot nor will spare considerable Supplies to send abroad or if it could yet whiles there are mutual Jealousies that there cannot be that concurrence in joynt Advices betwixt the King and the two Houses as will be necessary if that War be prosecuted and that His Majesty cannot condescend or your Lordships in reason expect His Majesty should by His Consent to Acts of Parliament for the managing of that War and raising moneys to that purpose put so great a Power into their hands who during these Troubles may if they will turn that Power against Him and it is apparent that the continuance of the War here must inevitably cause the continuance of the Miseries there and endanger the rending of that Kingdom from this Crown The Kings Commissioners other Paper 20. Feb. VVE do very much wonder that it doth not clearly appear to your Lordships that upon any difference between the Committees of both Kingdoms in the managing the War of Ireland in the manner proposed by your Lordships the War there must stand still or be dissolved for if the Ordinance of the 11th of April be by His Majesties Royal Assent made an Act of Parliament as your Lordships desire all the Forces of that Kingdom both British and Scotish are put under the absolute Command of the Earl of Leven the Scotish General and the managing the War committed wholly to the Committee of both Kingdoms without any reference to the two Houses of the Parliament of England by themselves so that whatsoever your Lordships say of your intentions that the the two Houses of Parliament here shall upon such difference manage the War which yet you say must be observing the Treaty of the 6th of August and the said Ordinance of the 11th of April it is very evident if that Ordinance should be made a Law the War must stand still or be dissolved upon difference of opinion between the Committee of both Kingdoms or else the Earl of Leven must carry on the War according to his discretion for he is in no degree bound to observe the Orders or Directions of the Houses of Parliament in England by themselves Neither doth the asking His Majesties Consent at all alter the Case from what we stated it to your Lordships in our Paper of the 20. of this Instant for we said then and we say still that if His Majesty should consent to what you propose He would devest himself of all his Royal Power in that Kingdom and reserve no Power or Authority in Himself over that War which is most necessary for His Kingly Office to do For your Lordships Expression when there shall be a Lieutenant of Ireland we presume your Lordships cannot but be informed that His Majesty hath made and we doubt not but you acknowledge he hath power to make the Lord Marquess of Ormond His Lieutenant of that Kingdom and who is very well able to manage and carry on that War in such manner as shall be thought necessary for the good of that Kingdom and there is no question but that the naming the Earl of Leven to be General to receive Orders only from the joynt Committee of both Kingdoms doth more take away the Power of the two Houses here than if he were a Native of this Kingdom and to obey the Orders of the two Houses And we conceive it evident that the giving the absolute Command of all Forces both British and Scotish to the Earl of Leven General of the Scotish Forces who is to manage the War according to the Directions of the joynt Committee of both Kingdoms doth not amount to less than to deliver the whole Kingdom of Ireland over into the hands of His Majesties Subjects of the Kingdom of Scotland and therefore we must ask
to the Committee of both Kingdoms and in case of Disagreement an Appeal lies to the two Houses of the Parliament of England in whom the power of prosecuting the War is to be settled And we must insist to desire that the Lord Lieutenant and the Judges in that Kingdom may be nominated by the two Houses of Parliament who have by sad experience to the great cost of this Kingdom expence of so much Treasure and Blood the loss of many thousand Lives there and almost of all that whole Kingdom from His Majesties Obedience and an inestimable prejudice to the true Protestant Religion found the ill consequence of a bad choice of Persons for those great places of Trust Therefore for His Majesties Honour the good of His Service the great Advantage it will be to the rest of His Majesties Dominions the great Comfort to all good Christians and even an acceptable Service to God himself for the attaining of so much good and the prevention of so much evil they desire to have the nomination of those great Officers that by a prudent and careful Election they may by providing for the good of that now miserable Kingdom discharge their Duty to God the King and their Countrey And certainly if it be necessary to reduce that Kingdom and that the Parliament of England be a faithful Council to his Majesty and fit to be trusted with the prosecution of that War which his Majesty was once pleased to put into their hands and they faithfully discharged their parts in it notwithstanding many practices to obstruct their proceedings as is set forth in several Declarations of Parliament then we say your Lordships need not think it unreasonable that His Majesty should ingage himself to pass such Acts as shall be presented to him for raising Moneys and other necessaries for that War for if the War be necessary as never War was more that which is necessary for the maintaining of it must be had and the Parliament that doth undertake and manage it must needs know what will be necessary and the People of England who have trusted them with their Purse will never begrudge what they make them lay out upon that occasion Nor need his Majesty fear the Parliament will press more upon the Subject then is fit in proportion to the occasion It is true that heretofore Persons about his Majesty have endeavoured and prevailed too much in possessing him against the Parliament for not giving away the Money of the Subject when his Majesty had desired it but never yet did his Majesty restrain them from it and we hope it will not be thought that this is a fit occasion to begin We are very glad to find that your Lordships are so sensible in your expressions of the Blood and Horrour of that Rebellion and it is without all question in His Majesties Power to do Justice upon it if your Lordships be willing that the Cessation and all Treaties with those bloody and unnatural Rebels be made void and that the prosecution of the War be settled in the two Houses of the Parliament of England 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 This we dare affirm to be more than a probable course for the remedying those mischiefs and preserving the remainder of His Majesties good Subjects there We cannot believe your Lordships will think it fit there can be any Agreement of Peace any respite from Hostility with such Creatures as are not fit to live no more than with Wolves or Tigers or any ravenous Beasts destroyers of mankind And we beseech you do not not think it must depend upon the condition of His Majesties other Kingdoms to revenge or not revenge God's Quarrel upon such perfiduous Enemies to the Gospel of Christ who have imbrued their hands in so much Protestant Blood but consider the Cessation that is made with them is for their advantage and rather a Protection then a Cessation of Acts of Hostility as if it had been all of their own contriving Arms Ammunition and all manner of Commodities may be brought unto them and they may furnish themselves during this Cessation and be assisted and protected in so doing that afterwards they may the better destroy the small remainder of his Majesties Protestant Subjects We beseech your Lordships in the bowels of Christian Charity and Compassion to so many poor Souls who must perish if the strength of that raging Adversary be not broken and in the Name of him who is the Prince of Peace who hates to be at Peace with such shedders of Blood give not your consents to the continuation of this Cessation of War in Ireland and less to the making of any Peace there till Justice have been fully executed upon the Actors of that accursed Rebellion Let not the Judgment of War within this Kingdom which God hath laid upon us for our Sins be encreased by so great a Sin as any Peace or Friendship with them whatsoever becomes of us if we must perish yet let us go to our Graves with that comfort that we have not made Peace with the Enemies of Christ yea even Enemies of mankind declared and unreconciled Enemies to our Religion and Nation let not our War be a hindrance to that War for we are sure that Peace will be a hindrance to our Peace We desire War there as much as we do Peace here for both we are willing to lay out our Estates our Lives and all that is dear unto us in this World and we have made Propositions unto your Lordships for both if you were pleased to agree unto them We can but look up to God Almighty beseech him to encline your hearts and casting our selves on him wait his good time for the return of our Prayers in settling a safe and happy Peace here and giving success to our Endeavours in the prosecution of the War of Ireland It had been used by the Commissioners during the Treaty that when Papers were delivered in of such length and so late at night that present particular Answers could not be given by agreement between themselves to accept the Answers the next day dated as of the day before although they were Treating of another Subject and these two last Papers concerning Ireland being of such great length and delivered about twelve of the clock at night when the Treaty in time was expiring so as no Answer could be given without such consent and agreement therefore the King's Commissioners delivered in this Paper 22. February YOur Lordships cannot expect a particular Answer from us this night to the two long Papers concerning Ireland delivered to us by your Lordships about twelve of the clock this night but since there are many particulars in those Papers to which if they had been before mentioned we could have given your Lordships full satisfaction and for that we presume your Lordships are very willing to
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
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
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
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
reforming both Universities and the Colleges of Westminster Winchester and Eaton His Majesty will consent to an Act for the better discovery and speedy conviction of Popish Recusants as is desired in your Propositions and also to an Act for the Education of the Children of Papists by Protestants in the Protestant Religion As also to an Act for the rrue levying of the Penalties against Papists to be levied and disposed in such manner as both Houses shall agree on and as is proposed on His Majesties behalf And also to an Act to prevent the practises of Papists against the State and for putting the Laws in execution and for a stricter course to prevent hearing and saying of Mass But as to the Covenant His Majesty is not yet therein satisfied that He can either sign or swear it or consent to impose it on the Consciences of others nor doth conceive it proper or useful at this time to be insisted on Touching the Militia His Majesty conceives that your Proposition demands a far larger power over the Persons and Estates of His Subjects than hath ever hitherto been warranted by the Laws and Statutes of this Realm yet considering the present Distractions require more and trusting in His two Houses of Parliament that they will make no further use of the Power therein mentioned after the present Distempers setled than shall be agreeable to the Legal exercise thereof in times past or just necessity shall require His Majesty will consent to an Act of Parliament That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled or such as they shall appoint during the space of ten years shall Arm Train and Discipline or cause to be Armed Trained or Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernesey and Jersy and the Town of Berwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the space of ten years raise levy arm train and discipline or cause to de raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and places aforesaid as in their judgments they shall from time to time during the said space of ten years think fit to appoint And that neither the King His Heirs or Successors or any other but such as shall act by the Authority or approbation of the said Lords and Commons shall during the said space of ten years exercise any of the Powers aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of ten years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of ten years be imployed managed ordered and disposed by the Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons or such as they shall appoint during the said space of ten years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Berwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Berwick upon Tweed or any of them And after the expiration of the said ten years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall without the Consent of the said Lords and Commons raise arm train discipline employ order manage disband or dispose any the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernesey and Jersey and the Town of Berwick upon Tweed nor exercise any of the said Powers or Authorities herein before mentioned and expressed to be during the space of ten years in the said Lords and Commons nor do any act or any thing concerning the execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And with the same Provisoes for saving the ordinary Legal Power of Officers of Justice not being Military Officers as is set down in your Propositions And with a Declaration That if any persons shall be gathered and assembled together in a Warlike manner or otherwise to the number of thirty persons and shall not forthwith disperse themselves being require thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person or persons not so dispersing themselves shall be guilty and incur the pains of High Treason being first declared guilty of such offence by the said Lords and Commons any Commission under the Great Seal or any other Warrant to the contrary notwithstanding And he or they that shall so offend herein to be uncapable of any Pardon from His Majesty His Heirs or Successors And likewise that it be provided that the City of London shall have and enjoy all their Rights Liberties c. in raising and imyloying the Forces of that City in such sort as is mentioned in the said Proposition With these Provisoes following to be inserted in the said Act. First That none be compelled to serve in the Wars against their wills but in case of coming in of strange Enemies into this Kingdom And that the Powers above mentioned as concerning the Land-Forces other than for keeping up and maintenance of Forts and Garisons and the keeping up mantaining and pay of this present Army so long as it shall be thought fit by both Houses of Parliament be exercised to no other purposes than for the suppressing of Forces raised or to be raised without Authority and Consent of the said Lords and Commons as aforesaid or for suppressing of any Foreign Forces which shall invade or endeavour to invade the Kingdoms Dominions or places aforesaid And that the Monies be raised by general and equal Taxations saving that Tonnage and Poundage and such Imposts as have been applyed to the Navy be raised as hath been usual And that all Patents Commissions and other Acts concerning the Premisses be made and acted in His Majesties Name by Warrant signified by the Lords and Commons or
the Nobility wherein He acquitted Himself with a Bravery equal to his Dignity And on the Sunday following attending His Father to the Sermon at St Paul's Cross and to the Service inthe Quire He shewed as much humble Devotion there as He had manifested Princely Gallantry in his Justs admired and applauded by the People for His Accomplishments in the Arts both of War and Peace That he could behave Himself humbly towards His God and bravely towards his Enemy pleased with the hardiness of His Body and ravished with his more generous Mind that the Pleasures of the Court had not softned one to Sloth nor the supremest Fortune debauched the other to Impiety Confident in these An. 1622 and other evidences of a wise Conduct the King without acquainting his Counsel sends the Prince into Spain there to Contract a Marriage with the Infanta and as a part of the Portion to recover the Palatinate which His Sisters Husband had lost and was by the Emperour cantel'd to the Duke of Bavaria and the King of Spain And herein He was to Combate all the Artists of State in that Court the practices of that Church and put an Issue to that Treaty wherein the Lord Digby though much conversant in the Intriegues of that Council had been long cajoled To that Place he was to pass Incognito accompanied only with the Marquess of Buckingham Mr Endymion Porter and Mr Francis Cottington through France where to satisfy His Curiosity and shew Himself to Love He attempted and enjoyed a view of the Court at Paris and there received the first Impression of that Excellent Princess who was by Heaven destined to His Chast Embraces Satisfied with that sight no lesser enjoyments of any Pleasure in that great Kingdom nor Vanity of Youth which is hardly curbed when it is allyed to Power could tempt His stay or a discovery of His Greatness but with a speed answerable to an active Body and Mind He out-stripped the French Posts which were sent to stop Him although that King had intelligence of His being within his Dominions immediately after their departure from the Louvre The certain news of His safe arrival at Madrid drew after Him from hence a Princely Train and raised the Censures of the World upon the King As being too forgetful of the Inhospitality of Princes to each other who when either Design Tempests or Necessity have driven their Rivals in Majesty upon their Coasts without a Caution they let them not part without some Tribute to their Interest and a fresh Example of this was in the King 's own Mother who seeking Refuge in England with her Sister Queen Elizabeth from a Storm at Home did lose both her Liberty and Life This none daring to mind the King of his Jester Archee made him sensible by telling him He came to change Caps with him Why said the King Because replyed Archée Thou hast sent the Prince into Spain from whence He is never like to return But said the King what wilt thou say when thou seest Him come back again Mary says the Jester I will take off the Fools Cap which I now put upon thy Head for sending Him thither and put it on the King of Spain's for letting him return This so awakened the King's apprehension of the Prince's danger that it drove him into an exceeding Melancholy from which he was never free till he was assured of the Prince's return to his own Dominions which was his Fleet in the Sea and that was not long after For notwithstanding the contrasts of his two prime Ministers there Buckingham and Bristol which were sufficient to amaze an ordinary Prudence and disturb the Counsels of so young a Beginner in the Mysteries of Empire and the Arts of Experienced Conclaves the impetuous attempts of the Spanish Clergy either for a change of His Religion or a Toleration of theirs the Spleen of Olivares whom Buckingham had exasperated He so dexterously managed the Treaty of Marriage that all the Articles and Circumstances were solemnly sworn to by both Kings By a civil Letter to the Pope which His Enemies Malice afterwards took as an occasion of Slander He procured a civil return with the grant of a Dispensation baffled the hopes of their Clergy by his Constancy in his own Profession and vindicated it from the odious aspersions of their Priests by causing our Liturgy to be translated into the Spanish Tongue and by His generous mien enthralled the Infanta for whom He had exposed His Liberty Yet having an insight into the practices of that Court that they would not put the Restitution of the Palatinate into the consideration of the Portion but reserve it as a Super-foetation of the Spanish Love and as an opportunity for the Infanta to reconcile the English Spirits who were heated by the late Wars into an hatred of the Spaniards and that this was but to lengthen out the Treaty till they had wholly brought the Palatinate under their Power He conformed His mind to the resolves of His Father who said He would never marry his Son with a Portion of His only Sister's Tears and therefore inclined to a Rupture But concealing His Purpose and dissembling His Knowledge of their Designs He consulted His own Safety and Return which His Father's Letters commanded which He so prudently acquired that the King of Spain parted from Him with all those endearments with which departing Friends ceremoniate their Farewells having satisfied him by a Proxie left with the Earl of Bristol to be delivered when the Dispensation was come Which as soon as He was safe on Shipboard by a private Express He commanded him to keep in his hands till further Order His return to England An. 1623 which was in October 1623. was entertained with so much joy and thanksgiving as if He had been the happy Genius of the whole Nation and his entrance into London was as a triumph for His Wisdom their Bonfires lengthned out the day and their Bells by uncessant ringing forbad sleep to those Eyes which were refreshed with His sight Nor could the People by age or sickness be confined at home but despising the prescriptions of their Physicians went to meet Him as restored Health When He had given the King an account of His Voyage and the Spanish Counsels not to restore the Palatinate a Parliament was summoned which was so zealous of the Honour of the Prince that both Houses voted an Address to his Majesty that he would no longer treat but begin a War with Spain and desiring the Prince's mediation who was always ready to gratifie the Nation therein to his Father they assured Him they would stand by Him with their Lives and Fortunes but yet when the War with the Crown descended unto Him they shamefully deserted Him in the beginning of His Reign When neither a Wife nor Peace was any longer to be expected from Spain both were sought for from France by a Marriage with Henrietta Maria the youngest Daughter of Henry the IV.
Honour than those who had even forced Him to it like those malignant and damned Spirits who upbraid unhappy Souls with those Crimes and ruines to which they themselves have tempted and betrayed them But the heaviest Censor was Himself for he never left bewailing His Compliance or rather Connivence with this Murder till the issue of his Blood dried up those of His Tears By the other Bill He had as some censured renounced His Crown and granted it to those men who at present exercised so Arbitrary a Power that they wanted nothing but length of time to be reputed Kings and this they now had gotten But the more Speculative concluded it an act of especial Prudence for the King made that an evidence of His sincere intention to oblige His people and overcome the Malice of His Enemies with Benefits which the Faction would have usurped and by the boldness of the attempt ingaged the People to them as the only Patrons of their Liberty And they were furnished with an Example for it by their Confederates in Scotland who indicted an Assembly without the King's leave and continued it against His pleasure and as all imitations of Crimes exceed their first pattern it was conceived these men whose furies were more unjust and so would be more fierce intended to improve that Precedent to the extreamest guilt The Bill was no sooner signed but they hastened the Execution and so much the more eagerly because the King desired in a most passionate Letter delivered by the Prince to the Lords that the Excellent Soul which found so much Injustice on Earth might have the more time to fit it self for the Mercy of Heaven But this favour which became Christians to grant agreed not with the Religion of his Adversaries and therefore the second day after he was brought to the Scaffold on Tower-Hill in his Passage thither he had a sight of the Archbishop of Canterbury whose Prayers and Blessing he with a low Obeisance begged and the most pious Prelate bestowed them with Tears where with a greater presence of mind than he had looked his Enemies in the face did he encounter Death and submitted his neck to the stroke of the Executioner He was a person of a generous Spirit fitted for the noblest enterprises and the most difficult parts of Empire His Counsels were bold yet just and he had a Vigour proper for the Execution of them Of an Eloquence next to that of his Master's masculine and most excellent He was no less affectionate to the Church than to the State and not contented while living to defend the Government and Patrimony of it he commended it also to his Son when he was about to die and charged his abhorrency of Sacriledge His Enemies called the Majesty of his Miene in his Lieutenancy Pride and the undaunted execution of his Office on the contumacious the insolency of his Fortune He was censured for committing that fatal Errour of following the King to London and to the Parliament after the Pacification with the Scots at York and it was thought that if he had gone over to his charge in Ireland he might have secured both himself and that Kingdom for his Majesty's Service But some attributed this Counsel to a necessity of Fate whose first stroke is at the brain of those whom it designs to ruine and brought him to feel the effects of Popular Rage which himself in former Parliaments had used against Government and to find the Experience of his own advices against the Duke of Buckingham Providence teaching us to abhor over-fine Counsels by the mischiefs they bring upon their Authors The Fall of this Great Man so terrified the other Officers of State that the Lord High Treasurer resigned his Staff to the Hands from whence he received it the Lord Cottington forsook the Mastership of the Court of Wards and the Guardian of the Prince returned Him to the King These Lords parting with their Offices like those that scatter their Treasure and Jewels in the way that they might delude the violence of their greedy pursuers But the King was left naked of their faithful Ministery and exposed to the Infusions and Informations of those who were either Complices or Mercenaries to the Faction to whom they discovered his most private Counsels When the Earl of Strafford was dead then did the Parliament begin to think of sending away the Scots who hitherto had much impoverished the Northern Counties and increased the charges of the Nation but now they were voted to receive 300000 l. under the notion of a Brotherly assistance but in truth designed by the Faction as a reward for their Clamours for the Earl's Blood yet were they kept so long till the King had passed away more of His Prerogative in signing the Bills to take away the High-Commission and the Star-Chamber After which spoils of Majesty they disband the English and the Scotch Armies August 6. and on the 10th of that Month the King follows them into Scotland to settle if it were possible that Kingdom But the King still found them as before when he satisfied their greedy appetites then would they offer Him their Lives and Fortunes but when gain or advantage appeared from His Enemies they appeared in their proper nature ungrateful changeable and perfidious whom no favours could oblige nor any thing but Ruine was to be expected by building upon their Love While the King was in Scotland labouring to settle that Nation by granting all that the Covetousness and Ambition of their Leaders pretended was for the Publick good and so aimed at no less than a Miracle by His Benefits to reduce Faith which like Life when it is once departed doth never naturally return into those perfidious breasts the Parliament adjourns and leaves a standing Committee of such as were the Leaders or the Servants of the Faction These prepared new Toils for His Majesties return and by them was the Grand Remonstrance formed in it were reckoned for Grievances all the Complaints of Men that were impatient of Laws and Government the Offences of Courtiers the unpleasing Resolves of Judges the Neglects or Rigours of the Ministers of Justice the undigested Sermons of some Preachers yea the Positions of some Divines in the Schools were all exaggerated to defame the present Government both in Church and State and to magnifie the skill of these State-Physicians that offered Prescripts for all these Distempers Beside more easily to abuse the Vulgar who reckon Misfortunes as Crimes unpleasing accidents were represented as designs of Tyranny and those things which had been reformed were yet mentioned as continued burthens From which the People were assured there could be no deliverance but by the Wisdom and Magnanimity of the Remonstrants To prepare the way for this the most opprobrious parts of it were first whispered among the Populacy that by this seeming suppression men impatient of Secrets might more eagerly divulge them and the danger appear greater by an affected silence Then prodigious Calumnies
which none but souls prone to any wickedness could believe of so Great a Man were formed of the King and such suspicions raised of Him and His Friends as might force them to some Injuries which hitherto they forbore and by securing themselves increase the Publick fears For Slanders do rather provoke most men than amend them and the provoked think more of their safety than to adjust their actions against their malicious Slanderers And when the minds of Men were made thus sollicitous concerning Dangers from the King to make them more pliable and ductile there was represented to them an inevitable anger of Heaven against the present state of things both in Church and State testified by many Prodigies that were related and portentuous Presages of Ruine Certain Prophecies for a credulity to which the English Vulgar are infamous from unknown Oracles are divulged which aenigmatically describe the King as a Monster and from such a Prince must proceed a change of Government Some vain persons also that gave themselves up to the Imposture of Astrologie were hired to terrifie the People with the unsignificant Conjunctions of Stars and from them to foretel Ruines to the better part of the World and an imminent destruction of Men of the long Robe and Alterations of States These were done to temper the minds of Men by a superstition for a guidance of their Ministers who being conceived to be the Ambassadours of Heaven were supposed to have it in their Commission to declare the Conditions of War and Peace and these either through the same weakness capable of the like terrours with the Vulgar or which is more to be abhorred corrupted as some were by the Caresses and gainful hopes that the Faction baited them with did justifie their Fears and increase them by applying some obscure Prophecies in Scripture to the present times and People compared the pretended Corruptions of our Church with the Idolatries of Israel and whatsoever was condemned in the Holy Records was parallel'd with the things they disliked here and all the Curses that God poured upon His irreconcileable and obdurate Enemies were denounced against such as differ'd from them or would not joyn with the Faction To make these Harangues more efficacious the Authors of them received the Reverence of the Demagogues who despising questioning and exposing to Affronts such sober Divines as would have cured the madness of the People appropriated to such Teachers the Titles of Saints Faithful Ministers Pretious Men and they on the other side made a return of Epithets to their Masters of the Servants of the Most High such as were to do the Work of the Lord That by their Counsels men were to expect new Heavens and a new Earth that they were Men that should prepare the Kingdom for Jesus Christ and lay the Foundations of the Empire of the Saints which was to last a Thousand years To make the Cry yet louder they permitted all Sects and Heresies a Licence of publick profession which hitherto Discipline the Care of the Common Peace and Religion had confined to secret Corners and permitted the Office of Teaching to every bold and ignorant Undertaker so that at last the dreggs of the People Usurped that Dignity and Women who had parted with the Natural Modesty of their Sex would not only speak but also rule in the Church All these in gratitude for their Licentiousness still perswaded to their Hearers the admiration of the Authors of it and bitterly inveighed against those whom the Care both of the Souls and Fortunes of Men would excite to repress them in many of their Raptures denouncing Wo and Judgment to the lawful Governours in Church and State While all these Methods of Ruine were preparing here the same anger of God the same madness of men raised up another Tempest in Ireland For the Popish Lords and Priests of Ireland who were the prime Composers of the Tragedies there were incouraged by the Success of the Scots who by a prosperous Rebellion as the Historian of those Troubles writes had procured for themselves such large Priviledges to an imitation which the present Jealousies in England where mutual Contrasts would employ all their force upon one another promised to be secure And they had an happy opportunity by the Vacancy in Government through the slaughter of the Earl of Strafford with whom the Irish Lords while they prosecuted him in England had removed all those other inferiour Magistrates that were most skilful in the Affairs of that Kingdom by accusing to the Faction some of them of Treason and others of an inclination to the Earl and had got preferred to their charges such as were either altogether unacquainted with the Genius of that People or favourers of the Conspiracy A strength they had also ready for those Eight Thousand which had been listed for the Scotish Expedition were unseasonably disbanded and the King in foresight they might cause some mischief in their own Countrey had therefore promised Four Thousand of them to the King of Spain yet would not the Parliament consent to their departure because as the Irish Lords suggested it would displease the King of France and when the King promised to send as many to the French Camp that likewise was not relished The Common Souldiers of that Army being thus made useless and therefore like Men of their employment most fierce when they were to be dismissed from the dangers of War were easily drawn into the Rebellion although very few of their Officers were polluted with the Crime The Irish Lords and Priests being allured by these our Vices and these several opportunities began their Rebellion Octob. 23. The Irish throughout that whole Kingdom on a sudden invading the unprovided English that were scattered among them despoiling them of their Estates Goods and many thousands of their Lives without any respect of Sex Age Kindred or Friendship and made them as so many Sacrifices to their bloody Superstition They missed but a little to have surprised Dublin But their Conspiracy being detected there and in some few other places the English name and interest was preserved in that Kingdom till they could receive Succours from hence The King had the first Intelligence of it in its very beginnings in Scotland and thereupon sent Sr James Stuart to the Lords of the Privie Council in Ireland to acquaint them with His Knowledge and Instructions and to carry all that Money that His present Stores could supply Besides He moves the Parliament of Scotland as being nearest to a speedy help who decline their Aids because Ireland was dependent upon the Crown of England At the same time also He sends post to the Parliament of England who less regard it the Faction applauding their Fortune that new Troubles were arisen to molest the King and that the Royal Power being thus assaulted in all three Nations there must shortly arise so many new Commonwealths Besides that it yielded fresh matter of reproach to His Majesty to whose Councils
Popish Lords and Bishops had the greatest Power and there it stuck whose Names they desired to know And in this they were so earnest that they would not willingly withdraw whilest it was debated and then they had leave to depart with this Answer That the House of Commons had already endeavoured Relief from the Lords in their Requests and shall so continue till Redress be obtained Such Petitions as these were likewise from the several Classes of the inferiour Tradesmen about London as Porters Water-men and the like and that nothing of testifying an universal Importunity might be left unattempted Women were perswaded to present Petitions to the same effect While the Faction thus boasted in the success of their Arts Good men grieved to see these daily Infamies of the Supreme Council of the Nation all whose Secrets were published to the lowest and weakest part of the People and they who clamoured it as a breach of their Privilege that the King took notice of their Debates now made them the subjects of discourse in every Shop and all the corners of the Street where the good and bad were equally censured and the Honour and Life of every Senator exposed to the Verdict of the Rabble No Magistrate did dare to do his Office and all things tended to a manifest Confusion So that many sober Persons did leave the Kingdom as unsafe where Factions were more powerful than the Laws And Just Persons chose rather to hear than to see the Miseries and Reproaches of their Country On the other side to make the King more plyable they tempt him by danger in His most beloved Part the Queen concerning whom they caused a Rumour that they did intend to impeach Her of High Treason This Rumour made the deeper Impression because they had raised most prodigious Slanders which are the first Marks for destruction of Princes on Her and when they had removed all other Counsellors from the King She was famed to be the Rock upon which all hopes of Peace and Safety were split That She commanded no less His Counsels than Affections and that His Weakness was so great as not to consent to or enterprise any thing which She did not first approve That She had perverted Him to Her Religion and formed Designs of overthrowing the Protestant Profession These and many other of a portentuous falshood were scattered among the Vulgar who are always most prone to believe the Worst of Great Persons and the uncontrolled Licence of reporting such Calumnies is conceived the first Dawning of Liberty But the Parliament taking notice of the Report sent some of their House to purge themselves from it as an unjust Scandal cast upon them To which the Queen mildly answers That there was a general Report thereof but She never saw any Articles in writing and having no certain Author for either She gave little Credit thereto nor will She believe they would lay any Aspersion upon Her who hath been very unapt to misconstrue the Actions of any One Person and much more the Proceedings of Parliament and shall at all times wish an Happy Vnderstanding between the King and His People But the King knowing how usual it was for the Faction by Tumults and other Practices to transport the Parliament from their just Intentions in other things and that they might do so in this resolved to send Her into Holland under colour of accompanying their eldest Daughter newly married to the Prince of Orange but in truth to secure Her so that by the fears of Her danger who was so dear unto Him He might not be forced to any thing contrary to His Honour and Conscience and that Her Affections and Relations to Him might not betray Her Life to the Malice of His Enemies With Her He also sent all the Jewels of the Crown that they might not be the Spoils of the Faction but the means of the support of Her Dignity in Forein Parts if His Necessities afterwards should not permit Him to provide for Her otherwise Which yet She did not so employ but reserved them for a supply of Ammunition and Arms when His Adversaries had forced Him to a necessary Defence It was said that the Faction knew of this Conveyance and might have prevented it but that they thought it for their greater advantage that this Treasure should be so managed that the King in confidence of that Assistance might take up Arms to which they were resolved at last to drive Him For they thought their Cause would be better in War than Peace because their present Deliberations were in the sense of the Law actual Rebellions and a longer time would discover those Impostures by which they had deluded the People who would soon leave them as many now did begin to repent of their Madness to the Vengeance which was due to their Practices unless they were more firmly united by a communion of Guilt in an open assaulting their Lawful Prince The King hastens the Security of the Queen and accompanies Her as far as Dover there to take His Farewel of Her a Business almost as irksom as Death to be separated from a Wife of so great Affections and eminent Endowments and that which made it the more bitter was that the same Cause which forced Her Separation from Him set Her at a greater distance from His Religion the onely thing wherein their Souls were not united even the Barbarity of His Enemies who professed it yet were so irreconcileable to Vertue that they hated Her for Her Example of Love and Loyalty to Him While He was committing Her to the mercy of the Winds and Waves that She might escape the Cruelty of more unquiet and faithless men they prosecute Him with their distasteful Addresses and the Canterbury present Him with a Bill for taking away Bishops Votes in Parliament Which having been cast out of the House of Peers several times before ought not by the Course and Order of Parliament to have been admitted again the same Session But the Faction had now used their accustomed Engine the Tumult and it was then passed by the Lords and brought hither together with some obscure Threats that if it were not signed the Queen should not be suffered to depart By such impious Violences did they make way for that which they call'd Reformation This His Majesty signs though after it made a part of His penitential Confessions to God in hopes that the Bill being once consented to the Fury of the Faction which with so great Violence pursued an absolute Destruction of the Ecclesiastical Government would be abated as having advanced so far in their Design to weaken the King's Power in that House by the loss of so many Voices which would have been always on that side where Equity and Conscience did most appear But He soon found the Demagogues had not so much Ingenuity as to be compounded with and they made this but a step to the Overthrow of that which He designed to preserve When His
command strict Watches to be kept in all suspected places Beacons to be new set up the Sea-marks to be watched and the Navy to be new rigged and fitted for the Sea New Plots were also discovered and strange and unheard-of Counsels to murder the most Eminent Patriots are brought to light A Taylor in a ditch hears some desperate Cavaliers contriving the Death of Mr. Pym. A Plaister also taken from a Plague-sore was sent into the House to the same person that the Infection first seising on a Member of the quickest senses might thence more impetuously diffuse it self upon all the most Grave Senators Such like plots as these and whatsoever could be devised were published to make the Vulgar think those demands of the Faction seem modest their dangers being so great which were very unjust And lest the King should at His coming into the North make use of that Magazine at Hull which at His own Charges He had provided for the Scotch Expedition for His own defence the Faction to secure that and the Town for their future purposes send down Sir John Hotham without any Order or Commission from either House of Parliament to seise on them This man of a fury and impudence equal to their commands when the King petitioned by the Gentlemen of Yorkshire to employ those Arms and that Ammunition for the Safety and Peace of that County where some of the Factious Members of Parliament had begun to form the like Seditions with those of London An. 1642 would have entred Hull April 23. insolently shut the Gates upon Him and would not permit Him though with but twenty Attendants for He offered to leave the Guard of Noblemen and Gentlemen which followed Him without The King thereupon proclaims him Traitor and by Letters complains of the Indignity and requires Satisfaction But the Faction rendred the Act so glorious that the House of Commons by their Votes approved what he had done without their Command and clamoured that the King had done them an injury in proclaiming so innocent a Member Traitor Ordered the Earl of Warwick to whom they had committed the Command of the Navy to land some men out of the Ships at Hull and to transport the Magazine there from thence to London An Order of Assistance was also given to several of their Confidents as a Committee of both Houses to reside at Hull and the Counties of York and Lincoln were commanded to execute their commands Besides they sent a Commission to Hotham to prosecute the Insolencies he had begun and kindle that War which took fire on the whole Nation and in a short space consumed him and his Son who were executed by the Instructors of his Villany For he fell under the same Fate which attends all the Instruments of Great Crimes to be Odious and suspected by those that made use of them Therefore they gave such a power to the Lord Fairfax in Yorkshire as did conclude the diminution and submission of Hotham to his Commands This caused him to reflect with grief and madness upon his first ministery to the Faction which appeared every day more monstrous to his Conscience being now spoiled of that Grandeur that he hoped would have been its reward and awakened by those Desolations in the whole Kingdom which followed it and were but as the Copies of his Original Treason Therefore he thought to expiate his former guilt by surrendring the Town to Him from whom he had detained it But his practices were discovered to the Faction by One whom they had sent thither in pretence to preach the Gospel but in truth secretly to search into the intrigues of his Counsels so that he perished in his design being neither stout nor wise enough in just enterprises nor of a pertinancy sufficient for a prosperous Perfidiousness And although in his Ruine the King observed how great a draught was offered to the highest thirst of Revenge yet He did truly bewail him and indeed he was so much the more to be pitied because his cruel Masters deluded him to a silence of their black Secrets with a false hope of Life till the Ax was upon his Neck So betraying his Soul to a surprise by his Spiritual enemies as his pretended Spiritual Guides had done his Body to them The Insolency of Hotham who acted according to his Instructions and late Commission beginning acts not usual in Peace nor justifiable by Law for he issued out Warrants for the Trained Bands to march into Hull with their Arms where he forced them to leave them and nakedly return to their homes that so they might be obnoxious to his Violence and the practices of the Committee which were sent down into the North to debauch the People in their Loyalty made the King intend His own Security by a Guard which the Gentry and Commonalty of Yorkshire that were witnesses of the Injury offered to their Prince did willingly and readily make up No sooner had the King expressed His intention of such a Guard but the Faction who were watchful of all opportunities of beginning a War and ingaging those that either through Fear or Weakness had hitherto submitted to their Impostures in a more obliging guilt for now the greatest part of the Peers who were of the most ancient Families and noblest Fortunes and a very great number of the House of Commons Persons of just hopes and fair Estates who perceiving the designs of the Disturbers scorned any longer to be their Slaves yet not thinking it safe to provoke the fury of the Vulgar Tumults by a present opposition had withdrawn from the Parliament to follow the King and His Fortune and every day some more were still falling off took this occasion to commence our Miseries and open those Sluces of Blood which polluted the whole Kingdom For upon the first Intelligence of it they filled the House of Commons and the City with Clamours that His Majesty had now taken Arms to the overthrow of them and the Protestant Religion and that they were not any longer to think the Happiness of the Kingdom did depend upon the King or any of the Regal Branches of that Stock that it would argue no want either of Duty or Modesty if they should depose Him By these Harangues they so heated the Parliament that was now more penurious than before in persons of Honour and Conscience to such a degree of Fury that unmindful how they themselves for eight months before upon impossible Fears and improbable Jealousies had taken a Guard they Resolved upon the Question that the King by taking to himself such a Guard did intend to levy War against the Parliament With an equal fury they issue out Commissions into all parts of the Kingdom and appoint certain days for all the Trained Bands to be put into a posture of War sending down some of their Members to see to the execution of these Commands and to seise on the Magazines in the several Counties To all these their violent and unjust
attempts the King first opposes the Law in several Declarations manifests the Power of Arms to be the ancient and undoubted Right of the Crown by many Proclamations charges all men under the Crime and Penalties of Treason to forbear the Execution of those Ordinances which were published to license their Rebellion and answers with a wonderful Diligence and Eloquence all the fictious Pretensions of the Parliament to that Power in their several Remonstrances But though the King had in the judgment of all understanding and uninteressed persons the Juster Cause and the more powerful Pen yet the Faction's Hast which is most essicacious in civil Discords the Slanders they had raised of Him and impressed in the minds of the People the terrors of that Arbitrary Power which the House of Commons had a long while exercised in the vexatious prosecution of all such as did oppose their imperious Resolves for they would by their Messengers send for the Great Earls and Prime Barons of the Kingdom as Rogues and Felons and weary them and others with a tedious and chargeable Attendance oppress them with heavy and unproportionable Censures and restrain them by Illegal Imprisonments and the hopes of licence and spoil in the ruine of Church and State had so preoccupied the Minds of the inferiour Multitude that neither Law nor Religion could have the least consideration in their practices and those Persons whom His Majesty appointed as Commissioners of Array in few places found that Obedience which was due to the just Commands of a Gracious Prince who vainly expected that Reverence to Justice in others which Himself gave After the experience of their Power in these their Successes at Land and having gotten the whole Navy at Sea being made Masters of the most and greatest Strengths of the Kingdom they then thought it might be safe for them to publish the aims and ends of their most destructive designs which if sooner manifested when the King by his Message of the 20th of Jan. from Windsor-Castle advised them to prescribe the limits of their Privileges give full Boundaries to His own Power and propose what was in their judgments proper to make the People happy and most religiously promised an equal tenderness of theirs and the Peoples Rights as of His own and what was for the Publick good should not be obstructed for His Particular Emolument they had justly drawn upon themselves all that popular hatred which they endeavoured to fling upon the King and had been buried under those ruines which they projected for the Grave of Majesty But then the Faction confided not so much in their own force nor were the Vulgar then so blinded with fury as to chuse their own destruction and therefore to that Message of Peace nothing was returned but Complaints that by such Advisoes their Counsels were disturbed that it was contrary to their unbounded Privileges to be minded of what was necessary But now they were furnished with a Power equal to their Ambition they thought it expedient to confirm their newly-gotten Empire with some pretensions to Peace but with a great deal of Caution that the affectation of it might not disappoint them of their hopes which were all built upon War and Confusion Therefore they formed the Conditions such as the King could not in Honour or Conscience grant them nor expect Peace by them Or if He did they should be instated in such a Grandeur that they might reap for themselves all the reproachful Honours and unlawful gains of an Arbitrary Power the thing they aimed at and leave the King overwhelmed with shame and contempt for their miscarriages in Government These Conditions were digested into Nineteen Propositions which when presented to the King He saw by an assent to them He should be concluded to have deposed Himself and be but as an helpless and idle Spectator of the Miserie 's such Tyrants would bring upon the People whom God had committed to His Trust Therefore He gave them that denial which they really desired and expected and adjusts His refusal in a Declaration wherein He sets forth the Injustice of each Proposition His Answer He sent by the Marquess of Hertford and Earl of Southampton Persons of great Integrity and Prudence with Instructions to treat in the House of Peers upon more equal Conditions But it behoved the Faction not to let the Kingdom see any way to Peace therefore denying any admittance to those Lords before ever the King's Answer could publickly discover who were the obstructours of the Peoples quiet they Ordered a Collection to be made of Money and Plate to maintain Horse Horse-men and Arms for the ensuing War The specious Pretences for which were the Safety of the King's Person and the taking Him out of the hands of Evil Counsellors the Defence of the Privileges of Parliament the Preservation of the Protestant Religion and the maintenance of the ancient Laws of the Land Such inviting causes as these inflamed the Minds of the Multitude and filled them with more aiery hopes of Victory than the noise of Drums and Trumpets But that which was most powerful were the Sermons of such who being displeased with the present Ecclesiastical Government were promised the richest Benefices and a partage of the Revenues which belonged to Bishops Deans and Chapiters These from their Pulpits proclaimed War in the Name of Christ the Prince of Peace and whatsoever was contributed to the spilling of the Blood of the Wicked was to build up the Throne of the meekest Lamb and besides the satisfaction they were to expect from the Publick Faith which the Parliament promised there was a larger Interest to be doubled upon them in the Kingdom of Saints that was now approaching Deluded by these Artifices and Impostures People of all Conditions and all Sexes some carried by a secret Instinct others hurried by some furious Zeal and a last sort led by Covetousness cast into this Holy Treasury the Banck for Blood all the Ornaments of their Family all their Silver Vessels even to their Spoons with the Pledges of their first Love their Marriage-rings and the younger Females spared not their Thimbles and Bodkins the obliging Gifts of their Inamorato's from being a part of the Price of Blood But while these Preparations were made at London the King at York declares against the Scandal that He intended to Levy War against the Parliament calling God to witness how far His desires and thoughts were from it and also those many Lords who were Witnesses of His Counsels and Actions do publish to the World by a Writing subscribed with all their Names to the number of Forty and odd that they saw not any colour of Preparations or Counsels that might reasonably beget the belief of any such Design and were fully perswaded that He had no such intention But all was in vain for the Faction chose that the People should be rather guilty of committing Rebellion that only of favouring the Contrivers of it and decreed to try
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
Him tryed and condemned by their Council of War But the Chiefs thought fit to proceed more artificially in their Crime and when they should get more Authority destroy Him by a Parliamentary way of Justice To bring this about they must proceed to make Him more odious that the People might be patient while they kill Him and undoe them To proceed therefore to their Impiety Cromwell and his Creatures stickle fiercely in the House of Commons and cause the Parliament to send not Conditions of Peace to be treated on but Propositions like Commands that admitted no Dispute which if the King had yielded unto He had despoiled Himself of Majesty and been thought guilty of so much want of Spirit as would conclude an unfitness for Empire besides such a voluntary Diminution would have been equally unsafe as unglorious And if he did not then He was to be esteemed the only Obstacle of the Universal Peace And lest the King should put them to more tedious arts by signing them they themselves to divert Him privately promised to procure more soft Articles and professed to be sorry the Presbyterian Sowreness and Rigour did yet leaven the House which made these Propositions so unpleasant The King could not but perceive the practices of the Army yet being resolved that no Dangers whatsoever should make Him satisfie those unreasonable Demands of the Parliament which granted would have been the heaviest oppression on His Subjects and the greatest injury to His Posterity He could possibly be guilty of For to good Princes the Safety of their People and their own Memory which is built upon the Happiness of Posterity through their Counsels are more pretions than Life and Power and although Providence and the Malice of His Enemies had obstructed His way to Glory by Victories and Success yet He would trace it in the unenvied and unquestionable paths of Constancy and Justice Therefore to make His denial of them advantageous to Himself by a seeming confidence in the Army's proffers thereby to oblige if it were possible those that had no sense either of Faith or Honour or at least to injealous those two Rivals for His Power and commit them the King absolutely rejects the Parliaments Propositions and requires the Demands of the Army as more equal and fit for a Personal Treaty and that the Army also should nominate Commissioners Cromwell and his Complices seemed to be joyful for this Answer of His Majesty which had preferred them before their Competitiors to the Honour of Justice and Moderation in the Eyes of the People but yet secretly did they exasperate the minds of the more short-sighted Commons against the King for this Affront And to the King they profess a shame and trouble upon their Spirits for so they loved to speak that they could not now perform their Promises sometimes they excused themselves by a Reverence to the Parliament at other times by the fierceness of the Adjutators and when by these excuses they had coloured their delayes to some length they began to interpret their sayings otherwise than the King apprehended them to forget what they had assured Him of and at last openly to refuse any performance To all these Perfidies they add other Frauds to beget a fear in Him of the Adjutators and the Levellers who they informed Him meditated His Murder professed they could not for the present moderate their bloody and impetuous Consultations but when they should recover the lost Discipline of their Army then they might easily and speedily satisfie their engagements to Him To give credit to their words the Fury of the Adjutators was blown to a more conspicuous Flame their Papers were published for a change of Government call'd The Case of the Army and The Agreement of the People the animations of Peter's and another of the same Diabolical Spirit saying His Majesty was but a dead Dog were divulged and all were communicated to some Attendants about the King with an Advice from the Chiefs of the Army to escape for His Life for they were unwilling He should be killed while they helplessly look'd on The Fury and Threatnings of Men of such destructive and bloudy Principles who accounted all things lawful that they could do that Providence administring Opportunity did invite and license their Impieties and who imputed all their lusts that had no colour from Justice to the Perswasions of the Holy Spirit were not to be despised nor was the King to abandon His Life if He could without sin preserve it to a longer waiting upon God Therefore with three of His most trusty Attendants in the dark tempestuous and ominous night of Nov. 11. He leaves Hampton-Court some say uncertain where to seek safety others that he intended to take Ship but being disappointed in his Expectation He was at last fatally led into the Power and when He could not escape committed Himself to the Loyalty and Honour of Col. Hammond a Confident of Cromwell's who had been but a little before made Governour of the Isle of Wight for this very purpose and was by him conveyed to Carisbrook Castle the very Pit his Enemies had designed for Him For it was discoursed in the Army above a fortnight before that the King e're long would be in the Isle of Wight and the very night He departed from Hampton-Court the Centinels were withdrawn from their usual Posts on purpose to facilitate His Flight The all-wise God not permitting Him to fly from those greater Trials and more Glorious Acts of Patience He had designed for Him Being here in this false Harbour He minds that business which lay most upon His Heart the Settlement of the Nation He sends Concessions to the Parliament more benign and easie than they could desire or hope together with His Reasons why He could not assent to their Demands and earnestly sollicites them to pity the Languishing Kingdom and come to a Personal Treaty with Him on His Concessions and the Army's Demands But the Conspirators to cut off all hopes of a Treaty take this Occasion to send Four Preliminary Articles which if He would pass as Acts they would treat of the rest These were so unjust that the Scotch Commissioners in the Name of their Kingdom declare against them in publick Writings and following the Messengers of Parliament to the Isle of Wight do in the presence of His Majesty protest against them as contrary to the Religion the Crown and Accords of both Kingdoms The King according to His wonted Wisdom and Greatness of Mind presently returns them an Answer to shew the Injustice of having Him grant the chief things before the Treaty which should be the Subject of it and to give them such an Arbitrary Power to the ruine of all the People This Answer He delivered sealed to their Messengers who desired that they might hear it read and that they might be dealt with as Commissioners not as bare Carriers a greater trust than which their Masters had not committed unto them and promise upon
were thus ingaged to perpetrate their intended Mischiefs all Parties declare against it The Presbyterian Ministers almost all those of London and very many out of the several Counties and some though few also of the Independents did in their Sermons and Conferences as also by Monitory Letters Petitions Protestations and Remonstrances publickly divulged adjure the Assassinates not to draw so great a Guilt upon themselves and the whole Nation by that Murder For it was contrary to those numerous and fearful Obligations of their many Oaths to the Publick and Private Faith which was exprest in their Protestations and many Declarations to the Laws of the Land those of Nature and Nations and the Commands of Scripture That it was to the dishonour of our Religion and against the publick good of the Kingdom But all was fruitless for they had lost their Ministerial Authority by serving the Faction so long till they needed not their assistance and despised their admonitions Besides the very same Principles they preached to kindle the War were now beat back into their faces and made use of against them to adjust the Murder The people also contemned them for their short-sightedness in that they would be the heady and indiscreet Instruments of such men and in such practices as must of necessity at last ruine them and all Ministers as well as the King and Bishops The Scots also by their Commissioners declare and protest against it The States of Holland by their Ambassadors if they were faithful in their trust did intercede and deprecate it as most destructive to the Protestant Interest Some of the most eminent of the Nobility as the Earl of Southampton the Duke of Richmond the Marquess of Hertford the Earl of Lindsey and others neglect no ways either by Prayers or Ransom to save the King Yea they offered themselves as being the prime Ministers of the King's Commands as Hostages for Him and if the Conspirators must needs be fed with blood to suffer in His stead for whatsoever he had done amiss The Prince piously assays all ways and means to deliver His Father from the danger For besides the States Ambassadors whom He had procured both He and the Prince of Orange did daily send as Agents the Kindred Relations and Allies of Cromwell Ireton and the other Conspirators with full power to propose any Conditions make any Promises and use all Threatnings to divert them if it were possible from their intended Cruelty or at least to gain some time before the Execution But all was in vain for no Conditions of Peace could please them who were possessed with unlawful and immoderate desires their Ambition that is more impetuous than all other affections had swallowed the hopes of Empire therefore they would remove the King to enthrone themselves Some thought that their despair of Pardon had hardened them to a greater Inhumanity for if after all these attempts they continued the King's Life they must beg their own which they knew Justice would not and they resolved Mercy should not give for this is reckoned among the benefits which we hate to receive and Men are usually ashamed to confess they deserved death Whatsoever it was that truly made them thus cruel they publickly pretended no other Motive than the Calls and Ducts of Providence and the Impulses of the Blessed Spirit To carry on this Cheat Hugh Peters the Pulpit-Buffoon of a luxuriant Speech skill'd to move the Rabble by mimical Gestures Impudent and Prodigal of his own and others fame Ignominious from his Youth for then suffering the contumely of Discipline being publickly whipt at Cambridge he was ever after an Enemy my to Government and therefore leagued himself with unquiet Sectaries Preaches before these fictitious Judges upon that Text Psalm 149. 8. To bind their Kings in chains and their Nobles in fetters of iron He assures them undoubtedly that this was prophesied of them that they were the Saints related to in that Scripture that they should judge the Kings of the Earth often calling them in his profane Harangue the Saint-Judges Then he professed that he had for a certain found upon a strict Scrutiny that there were in the Army 5000 Saints no less holy than those that now in Heaven conversed with God Afterwards kneeling in his Pulpit weeping and lifting up his hands he earnestly begs them in the Name of the People of England that they would execute Justice upon that Wretch CHARLES and would not let Benhadad escape in Safety Then he inveighs against Monarchy and wrests the Parable of Jotham to his purpose wherein when the Trees would chuse a King the Vine and the Olive refused the Dignity but the Bramble received the Empire and he compared Monarchy to the Bramble And all the while of contriving and executing this Murder he preached to the Souldiers and in some places about the City bitterly and contemptuously railing against the King Others also of the Congregational perswasion acted their parts in this Tragedy but more closely and not so much in the face of the Sun The Conspirators taking heat from their infamous Preachers whom they themselves had first kindled and somewhat doubting that these several strong Applications from all Parties to save the King and the Universal Discontents might take some advantage from their delay with more speed hasten the Assassination In order to which they send a Serjeant of Arms with a Guard of Horse lest the People should stone him for his Employment into Westminster-Hall and other places in London to summon all that could lay any Crime to the King ' s charge to come and give in their Evidence against Him Having proclaimed their wicked purposes and dress'd up a Tribunal at the upper end of Westminster-Hall with all the shapes of Terrour where the President with his abject and bloody Assistants were placed thither afterwards they bring this most Excellent Monarch whom having despoiled of three Great Kingdoms they now determined also to deprive of Life Into which Scene the King enter'd with a generous Miene shewing no signs of discomposure nor any thing beneath His former Majesty but as if He were to combate for Glory the Monsters of Mankind He undauntedly took the Seat which was set for Him with scorn looking upon the fictitious Judges and with pity upon the People who crouding in the great Gates of the Hall being flung open did bewail in Him the frailty of our Humane condition whose highest Greatness hath no Security A sad Spectacle even to those that were not in danger He being set the Charge against Him was read with all those reproachful terms of Tyrant Traytor and Murderer after which He was impleaded in the name of the People of England This false Slander of the People of England was heard with Impatience and Detestation of all and stoutly attested against by the Lady Fairfax Wife of the Lord Fairfax who by this act shewed her self worthy of her Extract from the Noble Family of the Veres for from
or the not few years that I have been setled in my Principles it ought to be no strange thing if it be found no easie work to make Me alter them and the rather that hitherto I have according to Saint Paul's rule Rom. 14. 22. been happy in Not condemning my self in that thing which I allow Thus having shewed you How it remains to tell you what I believe in relation to these miserable Distractions No one thing made Me more reverence the Reformation of My Mother the Church of England than that it was done according to the Apostles defence Acts 24. 18. neither with multitude nor with tumult but legally and orderly and by those whom I conceive to have the Reforming power which with many other inducements made Me alwaies confident that the work was very perfect as to Essentials of which number Church-Government being undoubtedly one I put no question but that would have been likewise altered if there had been cause Which opinion of Mine was soon turned into more than a confidence when I perceived that in this particular as I must say of all the rest we retained nothing but according as it was deduced from the Apostles to be the constant universal custom of the Primitive Church and that it was of such consequence as by the alteration of it we should deprive our selves of a lawful Priesthood and then how the Sacraments can be duly administred is easie to judge These are the principal Reasons which make Me believe that Bishops are necessary for a Church and I think sufficient for Me if I had no more not to give my consent for their expulsion out of England But I have another obligation that to My particular is a no less tie of Conscience which is my Coronation Oath Now if as S. Paul saith Rom. 14. 23. He that doubeth is damned if he eat what can I expect if I should not only give way knowingly to my Peoples sinning but likewise be perjured My self Now consider ought I not to keep My self from presumptuous sins and you know who saies What doth it profit a Man though he should gain the whole World and lose his own Soul Wherefore my constant maintenance of Episcopacy in England where there was never any other Government since Christianity was in this Kingdom methinks should be rather commended than wondred at my Conscience directing Me to maintain the Laws of the Land which being only my endeavours at this time I desire to know of you what warrant there is in the Word of God for Subjects to endeavour to force their King's Conscience or to make him alter Laws against his will If this be not My present case I shall be glad to be mistaken or if my Judgment in Religion hath been misled all this time I shall be willing to be better directed till when you must excuse Me to be constant to the Grounds which the King my Father hath taught Me. Newcastle May 29. 1646. C. R. II. Mr Alexander Henderson's First Paper For His MAJESTY SIR IT is Your Majestie 's Royal Goodness and not my merit that hath made Your Majesty to conceive any opinion of my Abilities which were they worthy of the smallest testimony from Your Majesty ought in all duty to be improved for Your Majestie 's satisfaction And this I intended in my coming here at this time by a free yet modest expression of the true motives and inducements which drew my mind to the dislike of Episcopal Government wherein I was bred in my younger years in the University Like as I did apprehend that it was not Your Majestie 's purpose to have the Question disputed by Divines on both sides which I would never to the wronging of the Cause have undertaken alone and which seldom or never hath proved an effectual way for finding of Truth or moving the minds of Men to relinquish their former Tenents Dum res transit à judicio in affectum witness the Polemicks between the Papists and us and among our selves about the matter now in hand these many years past 1. SIR when I consider Your Majestie 's Education under the hand of such a Father the length of time wherein Your Majesty hath been setled in Your Principles of Church-Government the Arguments which have continually in private and publick especially of late at Oxford filled Your Majestie 's ears for the Divine Right thereof Your Coronation Oath and divers State reasons which Your Majesty doth not mention I do not wonder nor think it any strange thing that Your Majesty hath not at first given place to a contrary impression I remember that the famous Joannes Picus Mirandula proveth by irrefragable Reasons which no rational man will contradict That no man hath so much power over his own Vnderstanding as to make himself believe what he will or to think that to be true which his Reason telleth him is false much less is it possible for any Man to have his Reason commanded by the will or at the pleasure of another 2. It is a true saying of the School-men Voluntas imperat intellectui quoad exercitium non quoad specificationem Mine own will or the will of another may command me to think upon a matter but no will or command can constrain me to determine otherwise than my Reason teacheth me Yet Sir I hope Your Majesty will acknowledge for Your Paper professeth no less that according to the saying of Ambrose Non est pudor ad meliora transire It is neither sin nor shame to change to the better Symmachus in one of his Epistles I think to the Emperours Theodosius and Valentinian alledgeth all those motives from Education from Prescription of time from worldly Prosperity and the flourishing condition of the Roman Empire and from the Laws of the Land to perswade them to constancy in the ancient Pagan profession of the Romans against the imbracing of the Christian Faith The like reasons were used by the Jews for Moses against Christ and may be used both for Popery and for the Papacy it self against the Reformation of Religion and Church-Government and therefore can have no more strength against the Change now than they had in former times 3. But Your Majesty may perhaps say That this is petitio principii and nothing else but the begging of the Question and I confess it were so if there can be no Reasons brought for a Reformation or Change Your Majesty reverences the Reformation of the Church of England as being done legally and orderly and by those who had the Reforming Power and I do not deny but it were to be wish'd that Religion where there is need were alwaies Reformed in that manner and by such power and that it were not committed to the Prelates who have greatest need to be reformed themselves nor left to the multitude whom God stirreth up when Princes are negligent Thus did Jacob reform his own Family Moses destroyed the golden Calf the good Kings of Judah reformed the Church
prevent the Miseries which are ready to overwhelm this whole Nation by a Civil War and tho' all Our endeavours tending to the composing of those unhappy Differences betwixt Us and our two Houses of Parliament though pursued by us with all zeal and sincerity have been hitherto without that success We hoped for yet such is Our constant and earnest care to preserve the publick Peace that we shall not be discouraged from using any expedient which by the blessing of the God of Mercy may lay a firm foundation of Peace and Happiness to all Our good Subjects To this end observing that many mistakes have arisen by the Messages Petitions and Answers betwixt Us and Our two Houses of Parliament which happily may be prevented by some other way of Treaty wherein the matters in difference may be more clearly understood and more freely transacted We have thought fit to propound to you that some fit persons may be by you enabled to treat with the like Number to be authorized by Us in such a manner and with such freedom of debate as may best tend to that happy conclusion which all good men desire The peace of the Kingdom wherein as We promise in the word of a King all safety and encouragement to such as shall be sent unto Us if you shall chuse the place where We are for the Treaty which we wholly leave to you presuming on the like care of the safety of those We shall imploy if you shall name another place so We assure you and all Our good Subjects that to the best of Our Understanding nothing shall be therein wanting on Our part which may advance the true Protestant Religion oppose Popery and Superstition secure the Law of the land upon which is built as well Our just Prerogative as the Propriety and Liberty of the Subject confirm all just Power and Priviledges of Parliament and render Us and Our People truly happy by a good understanding betwixt Us and Our two Houses of Parliament Bring with you as firm resolutions to do your Duty and let all Our People joyn with Us in Our Prayers to Almighty God for his blessing upon this Work If this Proposition shall be rejected by you We have done Our duty so amply that God will absolve Us from the guilt of any of that Blood which must be spilt And what opinion soever other men may have of Our Power We assure you nothing but Our Christian and pious care to prevent the effusion of Blood hath begot this motion Our provision of Men Arms and Money being such as may secure Us from further Violence till it please God to open the Eyes of Our People IV. From ...... Sept. 5. MDCXLII In pursuance of the former WE will not repeat what means We have used to prevent the dangerous and distracted Estate of the Kingdom nor how these means have been interpreted because being desirous to avoid effusion of Blood We are willing to decline all memory of former bitterness that might make Our offer of a Treaty less readily accepted We never did declare nor ever intended to declare both Our Houses of Parliament Traytors or set up Our Standard against them and much less to put them and this Kingdom out of Our protection We utterly profess against it before God and the World And further to remove all possible scruples which may hinder the Treaty so much desired by Us We hereby promise so that a day be appointed by you for the revoking of your Declarations against all Persons as Traytors or otherwise for assisting Us We shall with all chearfulness upon the same day recal Our Proclamations and Declarations and take down Our Standard in which Treaty We shall be ready to grant any thing that shall be really for the good of Our Subjects Conjuring you to consider the bleeding condition of Ireland and the dangerous condition of England in as high a degree as by these Our offers We have declared Our Self to do And assuring you that Our chief desire in this World is to beget a good Understanding and mutual Confidence betwixt Us and Our two Houses of Parliament V. From ...... Sept. 11. MDCXLII In Replie to the Answer of both Houses to the former WHO have taken most ways used most endeavours and made most real expressions to prevent the present Distractions and Dangers let all the World judge as well by former passages as Our two last Messages which have been so fruitless that though We have descended to desire and press it not so much as a Treaty can be obtained unless We would denude Our self of all force to defend Us from a visible strength marching against Us and admit those persons accounted as Traytors to Us who according to their Duty their Oaths of Allegiance and the Law have appeared in defence of Us their King and Liege Lord whom We are bound in Conscience and Honour to preserve though We disclaimed all Our Proclamations and Declarations and the erecting of Our Standard as against Our Parliament All We have now left in Our power is to express the deep sense We have of the publick Misery of this Kingdom in which is involved that of Our distressed Protestants of Ireland and to apply Our self to Our necessary defence wherein We wholly relie upon the Providence of God the Justice of Our Cause and the Affection of Our good People so far We are from putting them out of Our Protection When you shall desire a Treaty of Us We shall piously remember whose blood is to be spilt in this quarrel and chearfully embrace it And as no other reason induced Us to leave Our City of London but that with Honour and Safety We could not stay there nor to raise any force but for the necessary defence of Our Person and the Law against Levies in opposition to both so We shall suddenly and most willingly return to the one and disband the other as soon as those causes shall be removed The God of Heaven direct you and in Mercy divert those Judgments which hang over this Nation and so deal with Us and Our Posterity as We desire the preservation and advancement of the true Protestant Religion and the Law and Liberty of the Subject the just Rights of Parliament and the Peace of the Kingdom VI. From BRAINFORD Nov. 12. MDCXLII After the Defeat of the Parliament Forces at EDGE-HILL and at BRAINFORD WHereas the last Night being the eleventh of November after the departure of the Committee of both Our Houses with Our gracious Answer to their Petition We received certain information having till then heard nothing of it either from the Houses Committee or otherwise that the L. of Essex had drawn his Forces out of London towards Us which hath necessitated Our sudden resolution to march with Our Forces to Brainford We have thought hereby fit to signifie to both Our Houses of Parliament that we are no less desirous of the Peace of the Kingdom than We express in Our
tendred such Propositions that might occasion the World to judge that they have yielded up not only their Wills and Affections but their Reasons also and Judgments for obtaining a true Peace or good Accommodation It is true that if they can shew what reasonably they could have asked more or wherein the King's Offers were deficient either in Point of Security or by with-holding from any His Subjects a jot of their just Priviledges then they said somewhat to challenge Belief But bare Asseverations even against what a Man sees will not get credit with any but such who abandon their Judgments to an implicite Faith nor can the Determinations of all the Parliaments in the World make a thing Just or Necessary if it be not so of it self And can it be imagined that any who were ever acquainted with the Passages at the Treaties of Oxford and Vxbridge will believe though it be said that the Propositions tendred at Newcastle were the same in effect which had been presented to the King before in the midst of all His strength and Forces Indeed methinks such gross slips as these should at least make a man be wary how to believe such things for which He sees no Proofs And yet it should seem that a man must either take their words for good payment or remain unsatisfied for a little after it is said that the Kings strange unexpected and conditional Answers or Denials might justly have made them consider some other course for setling the Kingdom in Peace and Safety without any farther Application but never shewn wherein the strangeness of His Answers or Denials consists And I should think that those Reasons upon which the laying by of a King's Authority is grounded for it is no less ought to be particularly mentioned for the Worlds satisfaction and not involved in general big words for it thereby seems that it is their force of Arms more than that of Reason which they trust to for procuring of obedience to their Determinations or belief to what they say Otherways can it be imagined that their saying that their last Propositions were so qualified that where it might stand with the publick Safety the wonted Scruples and Objections were prevented or removed can give satisfaction to any rational man who hath seen all their former Propositions for it is most evident that their Demands have always encreased with their good Fortune And for their great Condescension to a Personal Treaty which under favour can scarcely be called so for the King though He had granted what was desired was not to come either to or near London but to stay in the Isle of Wight and there to Treat with Commissioners upon signing the Four Bills surely they incurred therein but little danger for it is most evident that they contain the very substance of the most essential parts of their Demands which being once granted the King would neither have had power to deny nor any thing left worth the refusing for after He had confessed that He had taken up Arms to invade the Liberty of His People whereas it was only for the Defence of His own Rights and had likewise condemned all those who had faithfully served Him of Rebellion and that He had totally devested Himself His Heirs and Successors for ever of the power of the Sword whereby the Protection of His Subjects which is one of the most essential and necessary Rights belonging to Regal Authority is totally torn away from the Crown and that by a silent Confession He had done Himself and Successors an irreparable prejudice concerning the great Seal I speak not of the other two Bills neither of which are of little importance what was there more for Him to grant worth the insisting upon after such Concessions or indeed what power was left Him to deny any thing So that the King's necessity of giving the Answer He did for it was no absolute Refusal is most evident unless He had resolved to have lived in quiet without Honour and to have given His People Peace without Safety by abandoning them to an arbitrary and unlimited power of the two Houses for ever concerning the levying of Land or Sea-Forces without stinting of numbers or distinction of persons and for Payments to levy such summes of Monies in such sort and by such ways and means as they shall think fit and appoint And now I cannot but ask is this the Militia that the King contends for or did ever any King of England pretend to or seek for such a Power surely no but this is a new Militia and take heed lest this should prove like the Roman Praetorian Cohorts that what they did in chusing and changing Emperours these do not to this Government by moulding and altering it according to their Fancies Now my eagerness to clear this Point concerning the four Bills had almost made me forget a most material Question I wonder much wherein the Danger consists of a Personal Treaty with the King ever since He was last at Newcastle Surely He cannot bring Forces along with Him to awe His two Houses of Parliament and it is as well known that He hath not Money to raise an Army and truly there is as little fear that the Eloquence of His Tongue should work Miracles but on the contrary if He were so ill a man as you describe Him to be whatsoever He shall say or write must more prejudice Him than You for let Him never flatter Himself it must be clear not doubtful Reason that can prevail against that great visible prevailing Power which now opposes Him nor do I say it will but certainly less cannot do it Where is then the Danger Believe it Reason will hardly maintain those who are afraid of her After this it is said that they had cause enough to remember that the King sometimes denied to receive their humble Petitions but they neither tell where nor when which I am most confident they cannot but I am certain that the King hath sent divers Messages of Peace to them unto which He hath yet had no Answer namely His last from Oxford of the 15. January 1645. and all the rest since As for the Fight at Brainford whosoever will read the Collection of the Declarations in print upon that subject will clearly find that the King hath more reason to complain that they under colour of Treaty sought to environ Him with their Forces than they for what He then did and His retreat was neither for Fear nor with Shame for the appearing of the Enemy made Him retard not hasten His orders for retiring which divers hours before their appearing He had given which He did without any loss at all but on the contrary retreated with more Arms eleven Colours and fifteen pieces of Ordnance beside good store of Ammunition than He had before And for Cruelty there was not a drop of Blood shed but in the heat of the Fight for I saw above five hundred Prisoners who only promising
for making War and shall I now be condemned for making Peace Have I not formerly ruled like a King and shall I now be ruled like a Slave Have I not formerly enjoyed the society of My dear Wife and Children in peace and quietness and shall I now neither enjoy them nor Peace Have not My Subjects formerly obeyed Me and shall I now be obedient to My Subjects Have I not been condemned for Evil Counsellors and shall I now be condemned for having no Counsel but God These are unutterable miseries that the more I endeavour for Peace the less My endeavours are respected And how shall I know hereafter what to grant when your selves know not what to ask I refer it to your Consciences whether I have not satisfied your desires in every particular since this Treaty if you find I have not then let Me bear the burthen of the fault but if I have given you ample satisfaction as I am sure I have then you are bound to vindicate Me from the fury of those whose thoughts are filled with blood though they pretend zeal yet they are but Wolves in Sheeps cloathing I must further declare that there is nothing can more obstruct the long-hoped-for Peace of this Nation than the illegal proceedings of them that presume from Servants to become Masters and labour to bring in Democracy and to abolish Monarchy Needs must the total alteration of Fundamentals be not only destructive to others but in conclusion to themselves for they that endeavour to rule by the Sword shall at last fall by it for Faction is the Mother of Ruine and it is the humour of those who are of this Weather-cock-like disposition to love nothing but mutabilities neither will that please them but only pro tempore for the too much variety doth but confound the senses and makes them still hate one folly and fall in love with another Time is the best cure for Faction for it will at length like a spreading Leprosie infect the whole body of the Kingdom and make it so odious that at last they will hate themselves for love of that and like the Fish for love of the bait be catch'd with the hook I once more declare to all My loving Subjects and God knows whether or no this may be My last that I have earnestly laboured for Peace and that My thoughts were sincere and absolute without any sinister ends and there was nothing left undone by Me that My Conscience would permit Me to do And I call God to witness that I do firmly conceive that the interposition of the Army that cloud of Malice hath altogether eclipsed the glory of that Peace which began again to shine in this Land And let the World judg whether it be expedient for an Army to contradict the Votes of a Kingdom endeavouring by pretending Laws and Liberties to subvert both Such Actions as these must produce strange consequences and set open the floud-gates of ruine to overflow this Kingdom in a moment Had this Treaty been only Mine own seeking then they might have had fairer pretences to have stopt the course of it but I being importun'd by My two Houses and they by most part of the Kingdom could not but with a great deal of alacrity concur with them in their desires for the performance of so commodious a work and I hope by this time that the hearts and eyes of My People are opened so much that they plainly discover who are the underminers of this Treaty For Mine own part I here protest before the face of Heaven that Mine own Afflictions though they need no addition afflict Me not so much as My Peoples sufferings for I know what to trust to already and they know not God comfort both them and Me and proportion our Patience to our Sufferings And when the Malice of Mine Enemies is spun out to the smallest thread let them know that I will by the grace of God be as contented to suffer as they are active to advance My sufferings and Mine own Soul tells Me that the time will come when the very clouds shall drop down vengeance upon the heads of those that barricado themselves against the Proceedings of Peace for if God hath proclaimed a blessing to the Peace-makers needs must the Peace-breakers draw down curses upon their heads I thank My God I have armed My self against their fury and now let the arrows of their Envy fly at Me I have a breast to receive them and a heart possest with patience to sustain them for God is My Rock and My Shield therefore I will not fear what man can do unto Me. I will expect the worst and if any thing happen beyond My expectation I will give God the glory for vain is the help of man Queries propounded by His MAJESTY when the Armies Remonstrance was read unto Him at NEWPORT concerning the intended Tryal of His MAJESTY I. WHether this Remonstrance be agreeable to the former Declarations of the Army and if not whether the Parliament would make good their Votes that after He had consented to what they desired He should be in a capacity of Honour Freedom and Safety II. Whether His acknowledgment of the bloud that hath been spilt in the late Wars nothing being as yet absolutely concluded or binding could be urged so far as to be made use of by way of Evidence against Him or any of His Party III. Whether the Arguments that He hath used in a free and Personal Treaty to lessen or extenuate and avoid the exactness of any of the Conditions though in manner and form only might be charged against Him as an act of Obstinacy or wilful persistance in what is alledged against Him in that He goes on in a destructive course of enmity against the People and the Laws of the Land when He hath declared that His Conscience was satisfied concerning divers particulars in the Propositions IV. Whereas by the letter of the Law all persons charged to offend against the Law ought to be tryed by their Peers or Equals what the Law is if the Person questioned is without a Peer And if the Law which of it self is but a dead letter seems to condemn Him by what power shall Judgement be given and who shall give it or from whence shall the administrators of such Judgement derive their power which may by the same Law be deemed the supreme power or authority of Magistracy in the Kingdom HIS MAJESTY'S LETTERS I. To the House of Peers about the Reprieve of the Earl of STRAFFORD Sent by the PRINCE From White-Hall May 11. MDCXLI My Lords I Did yesterday satisfie the Justice of the Kingdom by passing the Bill of Attainder against the Earl of Strafford But Mercy being as inherent and inseparable to a King as Justice I desire at this time in some measure to shew that likewise by suffering that unfortunate man to fulfil the natural course of his life in a close Imprisonment yet so that if ever he
place I must let you know that I desire nothing more than to be rightly understood of My People and to that end I have of My self resolved to call a Parliament having already given order to My Lord Keeper to issue out the Writs instantly so that the Parliament may be assembled by the third of November next Whither if My Subjects bring the like good affections as I do it shall not fail on My part to make it a happy Meeting In the mean time there are two points to be considered wherein I shall desire your Advice which indeed is the chief cause of your Meeting First What Answer to give to the Petition of the Rebels and in what manner to treat with them Of which that you may give a sure judgement I have ordered that your Lordships shall be clearly and truly informed of the state of the whole business and upon what reasons the Advices that My Privy Counsel unanimously gave Me were grounded Secondly How My Army shall be kept on foot and maintained till the supplies of a Parliament may be had For so long as the Scots Army remains in England I think no man will counsel Me to disband Mine for that would be an unspeakable loss to all this part of the Kingdom by subjecting them to the greedy appetite of the Rebels beside the unspeakable dishonour that would thereby fall upon this Nation XXII To the Lords and Commons at the Opening of His Fifth Parliament at WESTMINSTER November 3. MDCXL MY Lords The knowledge that I had of the Designs of My Scotish Subjects was the cause of My calling the last Assembly of Parliament wherein had I been believed I sincerely think that things had not fallen out as now we see But it is no wonder that men are so slow to believe that so great a Sedition should be raised on so little ground But now My Lords and Gentlemen the Honour and Safety of this Kingdom lying so nearly at stake I am resolved to put My self freely and clearly on the love and affections of My English Subjects as those of My Lords that did wait on Me at York very well remember I there declared Therefore My Lords I shall not mention Mine own Interest or that Support I might justly expect from you till the Common Safety be secured Though I must tell you I am not ashamed to say those charges I have been at have been meerly for the securing and good of this Kingdom though the success hath not been answerable to My desires Therefore I shall only desire you to consider the best way both for the safety and security of this Kingdom wherein are two things chiefly considerable First the chasing out of the Rebels and secondly that other in satisfying your just Grievances wherein I shall promise you to concur so heartily and clearly with you that all the world may see My intentions have ever been and shall be to make this a glorious and flourishing Kingdom There are only Two things more that I shall mention to you The one is to tell you that the lone of Money which I lately had from the City of London wherein the Lords that waited on Me at York assisted Me will only maintain My Army for two months from the beginning of that time it was granted Now My Lords and Gentlemen I leave it to your considerations what dishonour and mischief it might be in case for want of Money My Army be disbanded before the Rebels be put out of this Kingdom Secondly the securing the Calamities the Northern People endure at this time and so long as the Treaty is on foot And in this I may say not only they but all this Kingdom will suffer the harm Therefore I leave this also to your Consideration For the ordering of these Great Affairs whereof you are to treat at this time I am so confident of your love to Me and that your care is such for the Honour and Safety of the Kingdom that I shall freely and willingly leave to you where to begin Only this that you may the better know the state of all the Affairs I have commanded My Lord Keeper to give you a short and free account of those things that have happened in this interim with this Protestation that if his account be not satisfactory as it ought to be I shall whensoever you desire it give you a full and perfect account of every particular One thing more I desire of you as one of the greatest means to make this an happy Parliament That you on your parts as I on Mine lay aside all suspicion one of another As I promised My Lords at York it shall not be My fault if this be not a happy and good Parliament XXIII To the House of Lords at WESTMINSTER Nov. 5. MDCXL MY Lords I do expect that you will hastily make Relation to the House of Commons of those Great Affairs for which I have called you hither at this time and of the trust I have reposed in them and how freely I put My self on their love and affections at this time And that you may know the better how to do so I shall explain My self concerning one thing I spake the last day I told you the Rebels must be put out of this Kingdom 'T is true I must needs call them so so long as they have an Army that does invade us although I am under Treaty with them and under My Great Seal do call them Subjects and so they are too But the state of My Affairs in short is this It 's true I did expect when I did will My Lords and Great ones to be at York to have given a gracious Answer to all their Grievances for I was in good hope by their Wisdoms and Assistances to have made an end of that business but I must tell you that My Subjects of Scotland did so delay them that it was not possible to end there Therefore I can no ways blame My Lords that were at Rippon that the Treaty was not ended but must thank them for their pains and industry And certainly had they as much power as affections I should by this time have brought these distempers to a happy period So that now the Treaty is transported from Rippon to London where I shall conclude nothing without your knowledge and I doubt not but by your approbation for I do not desire to have this great Work done in a corner for I shall lay open all the steps of this Misunderstanding and the causes of the great Differences between Me and My Subjects of Scotland And I doubt not but by your assistance to make them know their Duty and also by your assistance to make them return whether they will or no. XXIV To the Lords and Commons at the Banquetting-House in WHITE-HALL Jan. 25. MDCXL XLI MY Lords and you the Knights Citizens and Burgesses The principal cause of My coming here at this time is by reason of the slow proceedings in Parliament
Court Your Lordship was pleased to give him a further day to consider and to put in his Answer which day being yesterday I did humbly move that he might be required to give a direct and positive Answer either by denying or confession of it But my Lord he was then pleased for to demur to the Jurisdiction of the Court which the Court did then over-rule and command him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgment against him My Lord I might press your Lordship upon the whole that according to the known rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable Plea guilty or not guilty of the Charge given against him whereby he may come to a fair Tryal that as by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done But besides my Lord I shall humbly press your Lordship upon the whole fact The House of Commons the Supreme Authority and Jurisdiction of the Kingdom they have declared That it is notorious that the matter of the Charge is true as it is in truth my Lord as clear as Crystal and as the Sun that shines at noon day which if your Lordship and the Court be not satisfied in I have notwithstanding on the People of England's behalf several Witnesses to produce And therefore I do humbly pray and yet I must confess it is not so much I as the innocent blood that hath been shed the Cry whereof is very great for Justice and Judgment and therefore I do humbly pray that speedy Judgment be pronounced against the Prisoner at the Bar. Bradshaw went on in the same strain Sir you have heard what is moved by the Counsel on the behalf of the Kingdom against you Sir you may well remember and if you do not the Court cannot forget what dilatory dealings the Court hath found at your hands You were pleased to propound some Questions you have had your Resolution upon them You were told over and over again that the Court did affirm their own Jurisdiction That it was not for you nor any other man to dispute the Jurisdiction of the supreme and highest Authority of England from which there is no Appeal and touching which there must be no dispute yet you did persist in such carriage as you gave no manner of Obedience nor did you acknowledge any authority in them nor the High Court that constituted this Court of Justice Sir I must let you know from the Court that they are very sensible of these delays of yours and that they ought not being thus authorized by the supreme Court of England to be thus trifled withal and that they might in Justice if they pleased and according to the rules of Justice take advantage of these delays and proceed to pronounce Judgment against you yet nevertheless they are pleased to give direction and on their behalfs I do require you that you make a positive Answer unto this Charge that is against you Sir in plain terms for Justice knows no respect of Persons you are to give your positive and final Answer in plain English whether you be guilty or not guilty of these Treasons laid to your Charge The King after a little pause said When I was here yesterday I did desire to speak for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not Bradshaw Sir you have had the Resolution of the Court upon the like Question the last day and you were told That having such a Charge of so high a nature against you your work was that you ought to acknowledge the Jurisdiction of the Court and to answer to your Charge Sir if you answer to your Charge which the Court gives you leave now to do though they might have taken the advantage of your Contempt yet if you be able to answer to your Charge when you have once answered you shall be heard at large make the best Defence you can But Sir I must let you know from the Court as their Commands that you are not to be permitted to issue out into any other discourses till such time as you have given a positive Answer concerning the matter that is charged upon you KING For the Charge I value it not a rush It is the Liberty of the People of England that I stand for For Me to acknowledge a new Court that I never heard of before I that am your King that should be an Example to all the People of England for to uphold Justice to maintain the old Laws indeed I do not know how to do it You spoke very well the first day that I came here on Saturday of the Obligations that I had laid upon Me by God to the maintenance of the Liberties of My People the same Obligation you spake of I do acknowledge to God that I owe to Him and to My People to defend as much as in Me lies the ancient Laws of the Kingdom therefore until that I may know that this is not against the Fundamental Laws of the Kingdom by your favour I can put in no particular Charge If you will give Me time I will shew you My Reasons why I cannot do it and this Here being interrupted He said By your favour you ought not to interrupt Me. How I came here I know not there 's no Law for it to make your King your Prisoner I was in a Treaty upon the Publick Faith of the Kingdom that was the known two Houses of Parliament that was the Representative of the Kingdom and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Bradshaw Sir you must know the pleasure of the Court. KING By your favour Sir Bradshaw Nay Sir by your favour you may not be permitted to fall into those discourses you appear as a Delinquent you have not acknowledged the Authority of the Court The Court craves it not of you but once more they command you to give your positive Answer Clerk Do your Duty KING Duty Sir The Clerk reads Charles Stuart King of England you are accused in the behalf of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you the Court now requires you to give your positive and final Answer by way of Confession or Denial of the Charge KING Sir I say again to you so that I might give satisfaction to the People of England of the clearness of My Proceeding not by way of Answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to Me I would do it but to acknowledge a new Court against their
Privileges to alter the Fundamental Laws of the Kingdom Sir you must excuse Me. Bradshaw Sir this is the third time that you have publickly disown'd this Court and put an Affront upon it How far you have preserv'd the Privileges of the People your Actions have spoke it but truly Sir mens Intentions ought to be known by their Actions you have written your meaning in bloody Characters throughout the whole Kingdom But Sir you understand the pleasure of the Court. Clerk record the Default And Gentlemen you that took charge of the Prisoner take him back again KING I will only say this one word more to you If it were only My own particular I would not say any more nor interrupt you Bradshaw Sir you have heard the pleasure of the Court and you are notwithstanding you will not understand it to find that you are before a Court of Justice Then the King went forth with the Guard And Proclamation was made That all persons which had then appeared and had further to do at the Court might depart into the Painted Chamber to which place the Court did forthwith adjourn and intended to meet in Westminster-Hall by ten of the Clock next morning Cryer God bless the Kingdom of England Westminster-Hall Saturday Jan. 27. Afternoon TWo or three dayes being spent in a formal Examination of Witnesses and preparing themselves for the last scene of this Mock-shew at length on Saturday the twenty seventh of January Bradshaw in his Scarlet Robes appeared in the Hall and Sixty seven others answered to their Names As the King came in in His wonted posture with his Hat on and passed toward them some few Souldiers began a clamour for Justice Justice and Execution O yes made and Silence commanded the Captain of their Guard ordered to take into Custody such as made any disturbance His Majesty began I desire a word to be heard a little and I hope I shall give no occasion of interruption Bradshaw saucily answered You may answer in your time hear the Court first His Majesty patiently replied If it please you Sir I desire to be heard and I shall not give any occasion of interruption and it is only in a word A sudden Judgment Bradshaw Sir you shall be heard in due time but you are to hear the Court first KING Sir I desire it it will be in order to what I believe the Court will say and therefore Sir A hasty Judgment is not so soon recalled Bradshaw Sir you shall be heard before the Judgment be given and in the mean time you may forbear KING Well Sir shall I be heard before the Judgment be given Bradshaw Gentlemen it is well known to all or most of you here present that the Prisoner at the Bar hath been several times convented and brought before this Court to make Answer to a Charge of Treason and other high Crimes exhibited against him in the name of the People of England To which Charge being required to answer he hath been so far from obeying the Commands of the Court by submitting to their Justice as he began to take upon him to offer Reasoning and Debate unto the Authority of the Court and to the highest Court that appointed them to try and judge him But being over-ruled in that and required to make his Answer he was still pleased to continue Contumacious and to refuse to submit to Answer Hereupon the Court that they might not be wanting to themselves nor the Trust reposed in them nor that any man's wilfulness prevent Justice they have thought fit to take the matter into their consideration they have considered of the Charge they have considered of the Contumacy and of that Confession which in Law doth arise upon that Contumacy they have likewise considered of the Notoriety of the Fact charged upon this Prisoner and upon the whole matter they are resolved and are agreed upon a Sentence to be pronounced against this Prisoner But in respect he doth desire to be heard before the Sentence be read and pronounced the Court hath resolved that they will hear him Yet Sir thus much I must tell you beforehand which you have been minded of at other Courts That if that which you have to say be to offer any debate concerning the Jurisdiction you are not to be heard in it You have offered it formerly and you have struck at the Root that is the Power and Supreme Authority of the Commons of England which this Court will not admit a debate of and which indeed it is an irrational thing in them to do being a Court that acts upon Authority derived from them But Sir if you have any thing to say in defence of your self concerning the matter charged the Court hath given me in command to let you know they will hear you KING Since I see that you will not hear any thing of Debate concerning that which I confess I though most material for the Peace of the Kingdom and for the Liberty of the Subject I shall wave it I shall speak nothing to it But only I must tell you that this many-a day all things have been taken away from Me but that that I call dearer to Me than My Life which is My Conscience and My Honor And if I had a respect to My Life more than the Peace of the Kingdom and the Liberty of the Subject certainly I should have made a particular Defence for My Self for by that at leastwise I might have delayed an ugly Sentence which I believe will pass upon Me. Therefore certainly Sir as a man that hath some understanding some knowledge of the World if that My true Zeal to My Countrey had not overborn the care that I have for My own Preservation I should have gone another way to work than that I have done Now Sir I conceive that an hasty Sentence once past may sooner be repented of than recalled and truly the self-same desire that I have for the Peace of the Kingdom and the Liberty of the Subject more than my own particular Ends makes Me now at last desire That I having something to say that concerns both I desire before Sentence be given that I may be heard in the Painted Chamber before the Lords and Commons This Delay cannot be prejudicial unto you whatsoever I say If that I say no Reason those that hear Me must be Judges I cannot be Judge of that that I * have If it be Reason and really for the welfare of the Kingdom and the Liberty of the Subject I am sure on it it is very well worth the hearing Therefore I do conjure you as you love that that you pretend I hope it is real the Liberty of the Subject the Peace of the Kingdom that you will grant me this hearing before any Sentence be past I only desire this That you will take this into your Consideration it may be you have not heard of it before-hand If you will I will retire and you may think of
wish that they may repent for indeed they have committed a great Sin in that particular I pray God with Saint Stephen that this be not laid to their charge Nay not only so but that they may take the right way to the Peace of the Kingdom For My Charity commands me not only to forgive particular men but My Charity commands Me to endeavour to the last gasp the Peace of the Kingdom So Sirs I do wish with all My Soul and I do hope there is some here will carry it further that they may endeavour the Peace of the Kingdom Now Sirs I must shew you both how you are out of the way and will put you in a way First you are out of the way For certainly all the way you ever have had yet as I could find by any thing is in the way of Conquest Certainly this is an ill way For Conquest Sir in My opinion is never just except there be a good just Cause either for matter of Wrong or just Title and then if you go beyond it the first quarrel that you have to it that makes it unjust at the end that was just at the first But if it be only matter of Conquest then it is a great Robbery as a Pirate said to Alexander that He was the great Robber he was but a petty Robber And so Sir I do think the way that you are in is much out of the way Now Sir for to put you in the way believe it you will never do right nor God will never prosper you until you give God his Due the King his Due that is My Successors and the People their Due I am as much for them as any of you You must give God his due by regulating rightly his Church according to his Scripture which is now out of order For to set you in a way particularly now I cannot but only this A National Synod freely called freely debating among themselves must settle this when that every Opinion is freely and clearly heard For the King indeed I will not Then turning to a Gentleman that touched the Axe He said Hurt not the Axe that may hurt Me. For the King the Laws of the Land will clearly instruct you for that therefore because it concerns My Own particular I only give you a touch of it For the People And truly I desire their Liberty and Freedom as much as any body whomsoever but I must tell you that their Liberty and Freedom consists in having of Government those Laws by which their Life and their Goods may be most their own It is not for having share in Government Sir that is nothing pertaining to them a Subject and a Soveraign are clear different things And therefore until they do that I mean that you do put the People in that Liberty as I say certainly they will never enjoy themselves Sirs It was for this that now I am come here If I would have given way to an Arbitrary way for to have all Laws changed according to the power of the Sword I needed not to have come here and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the People In troth Sirs I shall not hold you much longer for I will only say this to you That in truth I could have desired some little time longer because that I would have put this that I have said in a little more order and a little better digested than I have done and therefore I hope you will excuse Me. I have delivered My Conscience I pray God that you do take those courses that are best for the good of the Kingdom and your own Salvation Then the Bishop said Though it be very well known what Your Majesty's affections are to the Protestant Religion yet it may be expected that You should say somewhat for the Worlds satisfaction in that particular Whereupon the King replied I thank you very heartily My Lord for that I had almost forgotten it In troth Sirs My Conscience in Religion I think is very well known to all the World and therefore I declare before you all That I die a Christian according to the Profession of the Church of England as I found it left Me by My Father and this honest man I think will witness it Then turning to the Officers he said Sirs Excuse Me for this same I have a good Cause and I have a gracious God I will say no more Then to Colonel Hacker He said Take care that they do not put Me to pain And Sir this and it please you But a Gentleman coming near the Axe the King said Take heed of the Axe pray take heed of the Axe And to the Executioner He said I shall say but very short Prayers and when I thrust out My hands Then He called to the Bishop for His Cap and having put it on asked the Executioner Does My Hair trouble you Who desired Him to put it all under His Cap which as he was doing by the help of the Bishop and the Executioner He turned to the Bishop and said I have a good Cause and a gracious God on My side The Bishop said There is but one Stage more which though turbulent and troublesome yet is a very short one You may consider it will soon carry You a very great way it will carry You from Earth to Heaven and there You shall find to Your great joy the prize You hasten to a Crown of Glory The King adjoyns I go from a corruptible to an incorruptible Crown where no disturbance can be no disturbance in the world Bishop You are exchanged from a Temporal to an Eternal Crown A good Exchange Then the King asked the Executioner Is My Hair well And taking off His Cloak and George He delivered His George to the Bishop saying Remember Then putting off His Doublet and being in His Wast-coat He put on His Cloak again and looking upon the Block said to the Executioner You must set it fast Execut. It is fast Sir KING It might have been a little higher Execut. It can be no higher Sir KING When I put out My hands this way then Then having said a few words to Himself as He stood with hands and eyes lift up immediately stooping down He laid His Neck upon the Block and the Executioner again putting His Hair under His Cap His Majesty thinking he had been going to strike bad him Stay for the Sign Execut. Yes I will and it please Your Majesty After a very short pause His Majesty stretching forth his hands the Executioner at one blow severed His Head from His Body Which being held up and shewed to the People was with His Body put into a Coffin covered with black Velvet and carried into His Lodging His Blood was taken up by divers persons for different ends by some as Trophies of their Villany by others as Reliques of a Martyr and in some hath had the
of War And Justice stands a Prisoner at the Bar. This Scene was like the Passion-Tragedy His Saviour's Person none could Act but He. Behold what Scribes were here what Pharisees What Bands of Souldiers what false Witnesses Here was a Priest and that a Chief one who Durst strike at God and His Vicegerent too Here Bradshaw Pilate there This makes them twain Pilate for Fear Bradshaw condemn'd for Gain Wretch couldst not thou be rich till Charles was dead Thou might'st have took the Crown yet spar'd the Head Th' hast justifi'd that Roman Judge He stood And washt in Water thou hast dipt in Blood And where 's the Slaughter-House White-hall must be Lately His Palace now His Calvary Great CHARLES is this Thy dying-place And where Thou wer 't our KING art Thou our MARTYR there Thence thence Thy Soul took flight and there will we Not cease to Mourn where Thou didst cease to Be. And thus blest Soul He 's gone a Star whose fall As no Eclipse proves Oecumenical That Wretch had skill to sin whose Hand did know How to behead three Kingdoms at one blow England hath lost the Influence of her KING No wonder that so backward was her Spring O dismal Day but yet how quickly gone It must be short Our SUN went down at Noon And now ye Senators is this the Thing So oft declar'd is this your Glorious King Did you by Oaths your God and Country mock Pretend a Crown and yet prepare a Block Did you that swore you 'd Mount CHARLES higher yet Intend the Scaffold for His Olivet Was this Hail Master Did you bow the knee That you might murther Him with Loyalty Alas two Deaths what Cruelty was this The Axe design'd you might have spar'd the Kiss London didst thou Thy Prince's Life betray What could Thy Sables vent no other way Or else didst thou bemoan His Cross then ah Why would'st thou be the cursed Golgotha Thou once hadst Men Plate Arms a Treasury To bind thy KING and hast thou none to free Dull beast thou should'st before thy Head did fall Have had at least thy Spirits Animal Did You Ye Nobles envy CHARLES His Crown Jove being fal'n the Puny-gods must down Your Raies of Honour are eclip'st in Night The Sun is set from whence You drew your Light Religion Veils her self and Mourns that she Is forc'd to own such horrid Villany The Church and State do shake that Building must Expect to fall whose Prop is turn'd to Dust But cease from Tears-CHARLES is most blest of men A God on Earth more than a Saint in Heav'n THE END A COLLECTION OF DECLARATIONS TREATIES AND OTHER Principal Passages concerning the DIFFERENCES BETWIXT King Charles I. AND HIS TWO HOUSES OF PARLIAMENT Clearly Manifesting The Justice of His Cause His Sincerity in Religion His Constant Endeavours for Peace Bona agere mala pati Regium est LONDON Printed MDCLXXXVII THE PREFACE TO THE NOBILITY and GENTRY OF ENGLAND I Might call this Collection A Complete Body of English Politicks as comprehending both the Duty and the Interest of all true English-men and those largely set forth in some of the most excellent Discourses that were ever written in this kind Which for their own sakes might claim some better respect from the present Age than to be cast aside as out-dated Pamphlets or at the best confusedly scattered like the Leaves of Sibylla without any care of conserving and transmitting them to Posterity The sad Experience of so many years hath taught this Nation to their cost how miserable even the greatest Subjects make themselves by incroaching upon that Soveraignty which alone can protect them from the Injuries and the Scorn of their Inferiours Here you will discover the Arts the Means and the Degrees by which those Mischiefs were attempted and atchieved Which whensoever you see repeated you will know the Plot is as well against your Privilege and the Liberty of your Countrey as the Prerogative of your Prince Indeed If it were as easie to root out the remembrance of the ill Examples as it is to remit the punishment of the Crimes by Acts of Grace and Pardon and Oblivion it were perhaps no Imprudence to let those Mischiefs sleep with their Authors and leave their Memories buried in the Ruines they have made But since many that are content to take the utmost advantage of a Pardon are yet too good to acknowledge they ever stood in need of any since most will remember only What hath been done and few trouble themselves to inquire How or Why it cannot be thought impertinent together with the Actions to represent also the true Causes that have produced such Effects and the Circumstances that attended them which may remain as Marks to warn Posterity of those Errors which have cost the present Age so dear This is here done not from the private phancies or observations of any one Person or Party but from the Publick and Authentick Writings of Both digested in such order that the Reader may compare what both sides had to say for themselves and thereby discern whose Designs and what Counsels tended most to the Peace and Welfare of the Nation A study most proper for those Ranks of men whom the Favour of Princes hath raised above the Common Multitude to this one End that they may assist Them in the administration of Their Government and in keeping Peace and good order in their Countries To have Collected all that passed in these great Contests would have been the Work of many Volumes But the most material and most necessary to carry on the Series of Times and Things which in a manner comprehend the Sum or at least shew the Result of all the rest are here disposed according to their most natural order of time under these few heads I. His Majesties Declarations concerning His Proceedings in His Four first Parliaments p. 217. II. Declarations and Papers concerning the Differences betwixt His Majesty and His Fifth Parliament p. 241. III. Declarations and Paper concerning the Treaty of Peace at Oxford MDCXLII III. p. 325. IV. A Declaration concerning the Cessation in Ireland Also Declarations and Passages of the Parliament at Oxford p. 401. V. Papers and Passages concerning the Treaty of Peace at Vxbridge p. 437. VI. Messages Propositions and Treaties for Peace With divers Resolutions and Declarations thereupon MDCXLV VI. VII VIII p. 547. HIS MAJESTIES DECLARATIONS CONCERNING HIS PROCEEDINGS IN HIS FOUR FIRST PARLIAMENTS A Declaration of the true Causes which moved His MAJESTY to Assemble and after inforced Him to Dissolve the First and Second Meetings in Parliament THE King 's most Excellent Majesty since His happy access to the Imperial Crown of this Realm having by His Royal Authority summoned and assembled two several Parliaments the first whereof was in August last by adjournment held at Oxford and there dissolved and the other begun in February last and continued until the fifteenth day of this present month of June and then to the unspeakable grief
not My fashion wherefore to conclude what I offered the last day to the House of Commons I think is well known to you all as likewise how they accepted it which I desire not to remember but wish that they had remembred how at first they were told in My Name by my Lord Keeper That delay was the worst kind of denial Yet I will not lay this fault on the whole House for I will not judge so uncharitably of those whom for the most part I take to be Loyal and well-affected Subjects but that it hath been the malicious cunning of some few seditiously-affected men that hath been the cause of this Misunderstanding I shall now end as I began in giving your Lordships thanks for your affection shewn to Me at this time desiring you to go on to assist me in the maintaining of that Regal power that is truly Mine and as for the Liberty of the People that they now so much seem to startle at know My Lords that no King in the world shall be more careful to maintain them in the Property of their Goods Liberty of their Persons and true Religion than I shall be And now My Lord Keeper do what I have commanded you Then the Lord Keeper added My Lords and you Gentlemen of the House of Commons The King's Majesty doth dissolve this Parliament BY all the proceedings herein declared it is evident to all men how willing and desirous his Majesty hath been to make use of the ancient and noble way of Parliament used and instituted by his Royal Predecessors for the preservation and honour of this famous Monarchy and that on his Majestie 's part nothing was wanting that could be expected from a King whereby this Parliament might have had an happy conclusion for the comfort and content of all his Majesties Subjects and for the good and safety of this Kingdom On the contrary it is apparent how those of the House of Commons whose sinister and malitious courses enforced his Majesty to dissolve this Parliament have vitiated and abused that ancient and noble way of Parliament perverting the same to their own unworthy ends and forgetting the true use and institution of Parliaments For whereas these meetings and assemblies of his Majesty with the Peers and Commons of this Realm were in their first original and in the practice of all succeeding ages ordained and held as pledges and testimonies of Affection between the King and his People the King for his part graciously hearing and redressing such Grievances as his People in humble and dutiful manner should represent unto Him and the Subjects on their part as Testimonies of their Duty supplying His Majesty upon all extraordinary occasions for the support of his Honour and Soveraignty and for preserving the Kingdom in glory and safety those ill-affected Members of the House of Commons instead of an humble and dutiful way of presenting their Grievances to his Majesty have taken upon them to be the Guiders and Directors in all matters that concern his Majestie 's Government both Temporal and Ecclesiastical and as if Kings were bound to give an account of their Regal Actions and of their manner of Government to their Subjects assembled in Parliament they have in a very audacious and insolent way entred into examination and censuring of the present Government traduced his Majestie 's administration of Justice rendred as much as in them lay odious to the rest of his Majestie 's Subjects not only the Officers and Ministers of State but even his Majestie 's very Government which hath been so just and gracious that never did this or any other Nation enjoy more Blessings and Happiness than hath been by all his Majestie 's Subjects enjoyed ever since his Majestie 's access to the Crown nor did this Kingdom ever so flourish in Trade and Commerce as at this present or partake of more Peace and Plenty in all kinds whatsoever And whereas the ordinary Revenues of the Crown not sufficing to defray extraordinary charges it hath ever been the usage in all Parliaments to aid and assist the Kings of this Realm with free and fitting supply towards the maintenance of their Wars and for making good their Royal undertakings whereby the Kingdom intrusted to their protection might be held up in splendor and greatness those ill-affected persons of the House of Commons have been so far from treading in the steps of their Ancestors by their dutiful expressions in this kind that contrarily they have introduced a way of bargaining and contracting with the King as if nothing ought to be given Him by them but what He should buy and purchase of them either by quitting somewhat of His Royal Prerogative or by diminishing and lessening His Revenues Which courses of theirs how repugnant they are to the duty of Subjects how unfit for His Majesty in Honour to permit and suffer and what hazard and dishonour they subject this Kingdom to all men may easily judge that will but equally and impartially weigh them His Majesty hath been by this means reduced to such streights and extremities that were not His care of the Publick good and safety the greater these men as much as in them lies would quickly bring ruine and confusion to the State and render contemptible this glorious Monarchy But this frowardness and undutiful behaviour of theirs cannot lessen His Majestie 's care of preserving the Kingdoms intrusted to His Protection and Government nor His gracious and tender affection to His people for whose good and comfort His Majesty by God's gracious assistance will so provide that all His loving Subjects may still enjoy the happiness of living under the blessed shade and protection of His Royal Scepter In the mean time to the end all His Majestie 's loving Subjects may know how graciously His Majesty is enclined to hear and redress all the just Grievances of His People as well out of Parliament as in Parliament His Majesty doth hereby further declare His Royal will and pleasure that all His loving Subjects who have any just cause to present or complain of any Grievances or Oppressions may freely address themselves by their humble Petitions to His Sacred Majesty who will graciously hear their complaints and give such fitting redress therein that all His people shall have just cause to acknowledge His Grace and Goodness towards them and to be fully satisfied that no persons or assemblies can more prevail with His Majesty than the Piety and Justice of His own Royal nature and the tender affection He doth and shall ever bear to all His people and loving Subjects THE PARABLE OF IOTHAN IUD 9 And the Bramble sayd unto the Trees If in truth ye anoint me King over you then come and put your trust in my shadow and if not let Fire come out of the Bramble and devour the Cedars of Lebanon Iudg. 9. v. 15. Imperium Flagitio acquisitum nemo unquam bonis Artibus exercuit Tacit. Hist. lib. 1. i. e. NO man ever
of the State of the Kingdom THE Commons in this present Parliament assembled having with much earnestness and faithfulness of affection and zeal to the publick good of this Kingdom and His Majesties Honour and Service for the space of twelve months wrastled with the great Dangers and Fears the pressing Miseries and Calamities the various Distempers and Disorders which had not only assaulted but even overwhelmed and extinguisht the Liberty Peace and Prosperity of this Kingdom the comfort and hopes of all His Majesties good Subjects and exceedingly weakned and undermined the foundation and strength of His own Royal Throne do yet find an abounding malignity and opposition in those Parties and Factions who have been the cause of those evils and do still labour to cast aspersions upon that which hath been done and to raise many difficulties for the hinderance of that which remains yet undone and to foment Jealousies betwixt the King and the Parliament that so they may deprive Him and His People of the fruit of his own gracious intentions and their humble desires of procuring the publick Peace Safety and Happiness of this Realm For the preventing of those miserable effects which such malicious endeavours may produce We have thought good to declare First The Root and the growth of these mischievous Designs Secondly The Maturity and ripeness to which they have attained before the beginning of the Parliament Thirdly The effectual Means which have been used for the extirpation of those dangerous evils and the Progress which hath therein been made by His Majesties Goodness and the wisdom of the Parliament Fourthly The ways of Obstruction and Opposition by which that progress hath been interrupted Fifthly The courses to be taken for the removing those Obstacles and for the accomplishing of our most dutiful and faithful intentions and endeavours of restoring and establishing the ancient Honour Greatness and Security of this Crown and Nation The Root of all this mischief we find to be a malignant and pernicious design of subverting the Fundamental Laws and Principles of Government upon which the Religion and Justice of this Kingdom are firmly establish'd The Actors and Promoters hereof have been First The Jesuited Papists who hate the Laws as the obstacles of that Change and subversion of Religion which they so much long for Secondly The Bishops and the corrupt part of the Clergy who cherish Formality and Superstition as the natural effects and more probable supports of their own Ecclesiastical Tyranny and Vsurpation Thirdly Such Counsellors and Courtiers as for private ends have engaged themselves to further the interests of some foreign Princes or States to the prejudice of His Majesty and the State at home The Common Principles by which they moulded and governed all their particular Counsels and Actions were these First To maintain continual Differences and Discontents betwixt the King and the People upon questions of Prerogative and Liberty that so they might have the advantage of siding with Him and under the notions of men addicted to His Service gain to themselves and their parties the places of greatest trust and power in the Kingdom A Second To suppress the purity and power of Religion and such persons as were best affected to it as being contrary to their own ends and the greatest impediment to that Change which they thought to introduce A Third to conjoyn those parties of the Kingdom which were most propitious to their own ends and to divide those who were most opposite which consisted in many particular observations to cherish the Arminian part in those Points wherein they agreè with the Papists to multiply and enlarge the Differences betwixt the common Protestants and those whom they call Puritans to introduce and countenance such Opinions and Ceremonies as are fittest for accommodation with Popery to encrease and maintain ignorance looseness and prophaneness in the People that of those three parties Papists Arminians and Libertines they might compose a body fit to act such Counsels and resolutions as were most conducible to their own ends A Fourth To disaffect the King to Parliaments by Slanders and false Imputations and by putting Him upon other waies of supply which in shew and appearance were fuller of advantage then the ordinary course of Subsidies though in truth they brought more loss than gain both to the King and People and have caused the great Distractions under which we both suffer As in all compounded bodies the Operations are qualified according to the predominant Element so in this mixt party the Jesuited Counsels being most active and prevailing may easily be discovered to have had the greatest sway in all their determinations and if they be not prevented are likely to devour the rest or to turn them into their own nature In the beginning of His Majesties Reign the party begun to revive and flourish again having been somewhat dampt by the breach with Spain in the last year of King James and by His Majesties Marriage with France the Interests and Counsels of that State being not so contrary to the good of Religion and the prosperity of this Kingdom as those of Spain and the Papists of England having been evermore addicted to Spain then France yet they still retained a purpose and resolution to weaken the Protestant parties in all parts and even in France whereby to make way for the Change of Religion which they intended at home The first effect and evidence of their recovery and strength was the dissolution of the Parliament at Oxford after there had been given two Subsidies to His Majesty and before they received relief in any one Grievance many other more miserable effects followed The loss of the Rochel Fleet by the help of our Shipping set forth and delivered over to the French in opposition to the advice of Parliament which left that Town without defence by Sea and made way not only to the loss of that important place but likewise to the loss of all the strength and security of the Protestant Religion in France The diverting of His Majesties course of Wars from the West Indies which was the most facile and hopeful way for this Kingdom to prevail against the Spaniard to an expenceful and succesless attempt upon Cales which was so ordered as if it had rather been intended to make us weary of War then to prosper in it The precipitate breach with France by taking their Ships to a great value without making recompence to the English whose goods were thereupon imbarg'd and confiscate in that Kingdom The Peace with Spain without consent of Parliament contrary to the promise of King James to both Houses whereby the Palatine Cause was deserted and left to chargeable and hopeless Treaties which for the most part were managed by those who might justly be suspected to be no friends to that Cause The charging of the Kingdom with billetted Souldiers in all parts of it and that concomitant design of Germane horse that the Land might either submit with fear or
manner of a Parliament new Jurisdictions were erected of Romish Archbishops Taxes levied another State moulded within this State independent in Government contrary in Interest and affection secretly corrupting the ignorant or negligent Professours of our Religion and closely uniting and combining themselves against such as were sound in this posture waiting for an opportunity by force to destroy those whom they could not hope to seduce For the effecting whereof they were strengthened with Arms and Munition encouraged by superstitious Prayers enjoyned by the Nuntio to be weekly made for the prosperity of some great Design And such power had they at Court that secretly a Commission was issued out intended to be issued to some Great men of that profession for the levying of Souldiers and to command and employ them according to private instructions which we doubt were framed for the advantage of those who were the contrivers of them His Majesties Treasure was consumed His Revenue anticipated His Servants and Officers compelled to lend great sums of mony Multitudes were called to the Council-Table who were tired with long attendances there for refusing illegal payments The Prisons were filled with their Commitments many of the Sheriffs summoned into the Star-Chamber and some imprisoned for not being quick enough in levying the Ship-money the people languished under grief and fear no visible hope being left but in desperation The Nobility began to be weary of their silence and patience and sensible of the duty and trust which belongs to them and thereupon some of the most eminent of them did petition His Majesty at such a time when evil Counsels were so strong that they had reason to expect more hazard to themselves then redress of those publick evils for which they interceded Whilest the Kingdom was in this agitation and distemper the Scots restrained in their Trades impoverished by the loss of many of their Ships bereaved of all possibility of satisfying His Majesty by any naked Supplication entred with a powerful Army into the Kingdom and without any hostile Act or spoil in the Countrey as they passed more then forcing a passage over the Tyne at Newborne near Newcastle possessed themselves of Newcastle and had a fair opportunity to press on further upon the Kings Army but duty and reverence to His Majesty and brotherly love to the English Nation made them stay there whereby the King had leisure to entertain better Counsels wherein God so blessed and directed Him that He summoned the great Council of Peers to meet at York upon the twenty fourth of September and there declared a Parliament to begin the third of November then following The Scots the first day of the great Council presented an humble Petition to His Majesty whereupon the Treaty was appointed at Rippon a present Cessation of arms agreed upon and the full conclusion of all Differences referred to the wisdom and care of the Parliament At our first meeting all Oppositions seemed to vanish the mischiefs were so evident which those evil Counsellors produced that no man durst stand up to defend them Yet the work it self afforded difficulty enough The multiplied evils and corruption of sixteen years strengthned by Custome and Authority and the concurrent interest of many powerful Delinquents were now to be brought to judgment and Reformation The Kings Houshold was to be provided for they had brought Him to that want that He could not supply His ordinary and necessary Expences without the assistance of His People Two Armies were to be payed which amounted very near to thirty thousand pounds a month the people were to be tenderly charged having been formerly exhausted with many burthensome Projects The Difficulties seemed to be insuperable which by the Divine Providence we have overcome the Contrarieties incompatible which yet in a great measure we have reconciled Six Subsidies have been granted and a Bill of Poll-money which if it be duly levied may equal six Subsidies more in all six hundred thousand pounds Besides we have contracted a debt to the Scots of two hundred and twenty thousand pounds and yet God hath so blessed the endeavours of this Parliament that the Kingdom is a great gainer by all these charges The Ship-money is abolished which cost the Kingdom above 200000 pounds a year The Coat and Conduct-money and other military charges are taken away which in many Countries amounted to little less then the Ship-money The Monopolies are all supprest whereof some few did prejudice the Subject above a Million yearly the Soap an hundred thousand pounds the Wine three hundred thousand pounds the Leather must needs exceed both and Salt could not be less then that besides the inferiour Monopolies which if they could be exactly computed would make up a great sum That which is more beneficial then all this is that the root of these evils is taken away which was the arbitrary power pretended to be in His Majesty of taxing the Subject or charging their estates without consent in Parliament which is now declared to be against Law by the judgment of both Houses and likewise by an Act of Parliament Another step of great advantage is this the living Grievances the evil Counsellors and actors of these mischiefs have been so quelled by the Justice done upon the Earl of Strafford the flight of the Lord Finch and Secretary Windebank the accusation and imprisonment of the Archbishop of Canterbury of Judge Bartlet and the impeachment of divers other Bishops and Judges that it is like not only to be an ease to the present times but a preservation to the future The discontinuance of Parliaments is prevented by the Bill for a Triennial Parliament and the abrupt dissolution of this Parliament by another Bill by which it is provided it shall not be dissolved or adjourned without the consent of both Houses Which two Laws well considered may be thought more advantageous then all the former because they secure a full operation of the present remedy and afford a perpetual Spring of remedies for the future The Star-chamber the High-Commission the Courts of the President and Council in the North were so many forges of Misery Oppression and Violence and are all taken away whereby men are more secured in their Persons Liberties and Estates then they could be by any Law or Example for the regulation of those Courts or Terror of the Judges The immoderate power of the Council-Table and the excessive abuse of that power is so ordered and restrained that we may well hope that no such things as were frequently done by them to the prejudice of the publick Liberty will appear in future times but only in Stories to give us and our posterity more occasion to praise God for his Majesties Goodness and the faithful endeavours of this Parliament The Canons and the power of Canon-making are blasted by the Vote of both Houses The exorbitant power of Bishops and their Courts are much abated by some Provisions in the Bill against the High-Commission Court
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
shall not think it below Our Kingly Dignity to descend to any particular which may compose and settle the affections of Our meanest Subjects since We are so conscious to Our Self of such upright Intentions and Endeavours and only of such for which We give God thanks for the Peace and Happiness of Our Kingdom in which the Prosperity of Our Subjects must be included that We wish from Our heart that even Our most secret Thoughts were published to their view and examination Though We must confess We cannot but be very sorry in this conjuncture of time when the unhappiness of this Kingdom is so generally understood abroad there should be such a necessity of publishing so many Particulars from which We pray no Inconveniences may insue that were not intended We shall in few words pass over that part of the Narrative wherein the Misfortunes of this Kingdom from Our first entring to the Crown to the beginning of this Parliament are remembred in so sensible expressions and that other which acknowledgeth the many good Laws passed by Our Grace and Favour this Parliament for the Security of Our People of which we shall only say thus much That as We have not refused to pass any Bill presented to Us by Our Parliament for redress of those Grievances mentioned in the Remonstrance so We have not had a greater Motive for the passing those Laws then Our own resolution grounded upon Our Observation and understanding the state of Our Kingdom to have freed Our Subjects for the future from those Pressures which were grievous to them if those Laws had not been propounded which therefore We shall as inviolably maintain as We look to have Our own Rights preserved not doubting but all Our loving Subjects will look on those Remedies with that full gratitude and affection that even the memory of what they have formerly undergone by the Accidents and necessities of those times will not be unpleasant to them and possibly in a pious sense of God's blessing upon this Nation how little share soever We shall have of the acknowledgment they will confess they have enjoyed a great measure of happiness even these last sixteen years both in Peace and Plenty not only comparatively in respect of their Neighbours but even of those times which were justly accounted Fortunate The Fears and Jealousies which may make some impression in the minds of Our People We will suppose may be of two sorts either for Religion or Liberty and their Civil Interests The Fears for Religion may haply be not only as Ours here established may be invaded by the Romish party but as it is accompanied with some Ceremonies at which some tender Consciences really are or pretend to be scandalized for of any other which have been used without any legal Warrant or Injunction and already are or speedily may be abolished We shall not speak Concerning Religion as there may be any suspicion of favour or inclination to the Papists We are willing to declare to all the world That as We have been from Our Childhood brought up in and practised the Religion now established in this Kingdom so it is well known We have not contented simply with the Principles of Our Education given a good proportion of Our time and pains to the examination of the grounds of this Religion as it is different from that of Rome and are from Our Soul so fully satisfied and assured that it is the most pure and agreeable to the Sacred Word of God of any Religion now practised in the Christian world that as We believe We can maintain the same by unanswerable reasons so We hope We should readily seal to it by the effusion of Our Blood if it pleased God to call Us to that sacrifice And therefore nothing can be so acceptable unto Us as any proposition which may contribute to the advancement of it here or the propogation of it abroad being the only means to draw down a Blessing from God upon Our selves and this Nation And We have been extremely unfortunate if this profession of Ours be wanting to Our People Our constant practice in Our own Person having always been without ostentation as much to the evidence of Our Care and Duty herein as We could possibly tell how to express For differences amongst our selves for matters indifferent in their own nature concerning Religion We shall in tenderness to any number of Our loving Subjects very willingly comply with the advice of Our Parliament that some Law may be made for the exemption of Tender Consciences from punishment or prosecution for such Ceremonies and in such cases which by the judgment of most men are held to be matters indifferent and of some to be absolutely unlawful Provided that this ease be attempted and pursued with that modesty temper and submission that in the mean time the Peace and Quiet of the Kingdom be not disturbed the Decency and comeliness of Gods Service discountenanced nor the pious sober and devout actions of those Reverend Persons who were the first labourers in the blessed Reformation or of that time be scandal'd and defamed For We cannot without grief of heart and without some Tax upon Our Self and Our Ministers for the not execution of Our Laws look upon the bold Licence of some men in printing of Pamphlets in preaching and printing of Sermons so full of bitterness and malice against the present Government against the Laws established so full of Sedition against Our Self and the Peace of the Kingdom that We are many times amazed to consider by what Eyes these things are seen and by what Ears they are heard And therefore We have good cause to command as We have done and hereby do all Our Judges and Ministers of Justice Our Attorney and Sollicitor General and the rest of Our learned Counsel to proceed with all speed against such and their Abettors who either by writing or words have so boldly and maliciously violated the Laws disturbed the peace of the Commonwealth and as much as in them lies shaken the very foundation upon which that Peace and Happiness is founded and constituted And We doubt not but all Our loving Subjects will be very sensible that this busie virulent demeanour is a fit Prologue to nothing but Confusion and if not very seasonably punished and prevented will not only be a blemish to that wholsome Accommodation We intend but an unspeakable scandal and imputation even upon the Profession and Religion of this Our Kingdom of England Concerning the Civil Liberties and Interest of Our Subjects We shall need to say the less having erected so many lasting Monuments of Our Princely and Fatherly care of Our People in those many excellent Laws passed by Us this Parliament which in truth with very much content to Our self We conceive to be so large and ample that very many sober men have very little left to wish for We understood well the Right and pretences of Right We departed from in the consenting to the
and all their Jealousies and apprehensions which may lessen their Charity to each other and then if the Sins of this Nation have not prepared an inevitable Judgment for us all God will yet make Us a Great and a Glorious King over a Free and Happy People MDCXLI To the Kings most Excellent Majesty and the Lords and Peers now assembled in Parliament The humble PETITION and PROTESTATION of all the Bishop and Prelates now called by His Majesties Writs to attend the Parliament and present about London and Westminster for that service THat whereas the Petitioners are called up by several and respective Writs and under great Penalties to attend in Parliament and have a clear and indubitate Right to vote in Bills and other matters whatsoever debatable in Parliament by the Ancient Customes Laws and Statutes of this Realme and ought to be protected by Your Majesty quietly to attend and prosecute that great Service They humbly remonstrate and protest before God Your Majesty and the Noble Lords and Peers now assembled in Parliament That as they have an indubitate Right to sit and vote in the House of the Lords so are they if they may be protected from Force and Violence most ready and willing to perform their Duties accordingly and that they do abominate all Actions or Opinions tending to Popery and the maintenance thereof as also all propension and inclination to any Malignant party or any other side or party whatsoever to the which their own Reasons and Consciences shall not move them to adhere But whereas they have been at several times violently Menaced Affronted and Assaulted by multitudes of people in their coming to perform their services in that Honourable House and lately chased away and put in danger of their lives and can find no redress or protection upon sundry complaints made to both Houses in these particulars They likewise humbly protest before Your Majesty and the Noble House of Peers That saving unto themselves all their Rights and Interests of Sitting and Voting in that House at other times they dare not Sit or Vote in the House of Peers until Your Majesty shall further secure them from all Affronts Indignities and Dangers in the premisses Lastly Whereas their Fears are not built upon Phantasies and Conceits but upon such Grounds and Objects as may well terrifie men of good Resolutions and much Constancy they do in all humility protest before Your Majesty and the Peers of that most Honourable House of Parliament against all Laws Orders Votes Resolutions and Determinations as in themselves Null and of none effect which in their absence since the twenty seventh of this instant Month of December 1641. have already passed as likewise against all such as shall hereafter pass in that most Honourable House during the time of this their forced and violent absence from the said most Honourable House Not denying but if their absenting of themselves were wilful and voluntary that most Honourable House might proceed in all these premisses their Absence or this their Protestation notwithstanding And humbly beseeching Your most Excellent Majesty to command the Clerk of that House of Peers to enter this their Petition and Protestation among his Records They will ever pray to God to bless and preserve c. Jo. Eborac Thomas Duresme Rob. Co. Lich. Jos Norwich Jo. Asaphen Guil. Ba. Wells Geo. Hereford Rob. Oxon. Mat. Ely Godfr Glouc. Jo. Peterburg Mor. Llandaff MDCXLI Jan. 3. ARTICLES of HIGH TREASON and other High Misdemeanours against the Lord Kimbolton Mr. Denzil Hollis Sir Arthur Hesilrig Mr. John Pym Mr. John Hambden and Mr. William Stroude I. THAT they have traitorously endeavoured to subvert the Fundamental Laws and Government of the Kingdom of England to deprive the King of His Regal Power and to place in Subjects an Arbitrary and Tyrannical power over the Lives Liberties and Estates of His Majesties Liege People II. That they have traitorously endeavoured by many foul Aspersions upon His Majesty and His Government to alienate the Affections of His People and to make His Majesty odious unto them III. That they have endeavoured to draw His Majesties late Army to disobedience to His Majesties Commands and to side with them in their Traitorous Designs IV. That they have traitorously invited and encouraged a foreign Power to invade His Majesties Kingdom of England V. That they have traitorously indeavoured to subvert the Rights and very Being of Parliaments VI. That for the compleating of their Traitorous Designs they have indeavoured as far as in them lay by force and Terror to compel the Parliament to joyn with them in their Traitorous Designs and to that end have actually raised and countenanced Tumults against the King and Parliament VII That they have traitorously conspired to levy and actually have levied War against the King MDCXLII Jun. 2. PROPOSITIONS made by both Houses of Parliament to the KINGS Majesty for a Reconciliation of the Differences between His Majesty and the said Houses YOUR Majesties most humble and faithful Subjects the Lords and Commons in Parliament having nothing in their thoughts and desires more pretious and of higher esteem next to the Honour and immediate Service of God then the just and faithful Performance of their Duty to Your Majesty and this Kingdom and being very sensible of the great Distractions and Distempers and of the imminent Dangers and Calamities which those Distractions and Distempers are like to bring upon Your Majesty and Your Subjects all which have proceeded from the subtle Insinuations mischievous Practices and evil Counsels of men disaffected to God's true Religion Your Majesties Honour and Safety and the publick Peace and Prosperity of Your People after a serious observation of the Causes of those Mischiefs do in all humility and sincerity present to Your Majesty their most dutiful Petition and Advice That out of your Princely Wisdome for the establishing Your own Honour and Safety and gracious tenderness of the welfare and security of Your Subjects and Dominioins You will be pleased to grant and accept these their humble Desires and Propositions as the most necessary effectual means through God's blessing of removing those Jealousies and Differences which have unhappily fallen betwixt You and Your People and procuring both Your Majesty and them a constant course of Honour Peace and Happiness I. That the Lords and others of Your Majesties Privy Council and such great Officers and Ministers of State either at home or beyond the seas may be put from Your Privy Council and from those Offices and Imployments excepting such as shall be approved of by both Houses of Parliament And that the persons put into the places and imployments of those that are removed may be approved of by both Houses of Parliament And that all Privie-Counsellours shall take an Oath for the due execution of their places in such form as shall be agreed upon by both Houses of Parliament II. That the great Affairs of this Kingdom may not be concluded or transacted by
Husband for Our Daughter in which the Protestant Religion was Our principal Consideration We conceived We had reason to expect your present thanks and the increase of your future trusts We suppose these Demands by this time to appear such as the Demanders cannot be supposed to have any such real fear of Us as hath been long pretended they are too much in the style not only of Equals but of Conquerours and as little to be intended for removing of Jealousies for which end they are said to be asked and that is not as Merchants ask at first much more then they will take but as most necessary to effect it which if they be God help this poor Kingdom and those who are in the hands of such persons whose Jealousies nothing else will remove which indeed is such a way as if there being differences and suits between two persons whereof one would have from the other several parcels of his ancient Land he should propose to him by way of Accommodation that he would quit to him all those in question with the rest of his Estate as the most necessary and effectual means to remove all those suits and differences But We call God to witness that as for our Subjects sake these Rights are vested in Us so for their sakes as well as for Our own We are resolved not to quit them nor to subvert though in a Parliamentary way the ancient equal happy well-poised and never-enough-commended Constitution of the Government of this Kingdom nor to make Our Self of a King of England a Duke of Venice and this of a Kingdom a Republick There being three kinds of Government amongst men absolute Monarchy Aristocracy and Democracy and all these having their particular conveniences and inconveniences the experience and wisdom of your Ancestors hath so moulded this out of a mixture of these as to give to this Kingdom as far as humane Prudence can provide the conveniences of all three without the inconveniences of any one as long as the Balance hangs even between the three Estates and they run joyntly on in their proper Chanel begetting Verdure and Fertility in the Meadows on both sides and the overflowing of either on either side raises no Deluge or Inundation The ill of absolute Monarchy is Tyranny the ill of Aristocracy is Faction and Division the ills of Democracy are Tumults Violence and Licentiousness The good of Monarchy is the uniting a Nation under one Head to resist Invasion from abroad and Insurrection at home the good of Aristocracy is the Conjunction of Counsel in the ablest Persons of a State for the publick benefit the good of Democracy is Liberty and the Courage and Industry which Liberty begets In this Kingdom the Laws are joyntly made by a King by a House of Peers and by a House of Commons chosen by the People all having free Votes and particular Privileges The Government according to these Laws is trusted to the King power of Treaties of War and Peace of making Peers of chusing Officers and Counsellours for State Judges for Law Commanders for Forts and Castles giving Commissions for raising men to make War abroad or to prevent or provide against Invasions or Insurrections at home benefit of Confiscations power of Pardoning and some more of the like kind are placed in the King And this kind of regulated Monarchy having this power to preserve that Authority without which it would be disabled to preserve the Laws in their force and the Subjects in their Liberties and Proprieties is intended to draw to Him such a Respect and Relation from the Great ones as may hinder the ills of Division and Faction and such a Fear and Reverence from the People as may hinder Tumults Violence and Licentiousness Again that the Prince may not make use of this high and perpetual Pow'r to the hurt of those for whose good He hath it and make use of the name of publick Necessity for the gain of His private Favourites and Followers to the detriment of His People the House of Commons an excellent Conserver of Liberty but never intended for any SHARE in GOVERNMENT or the chusing of them that should GOVERN is solely intrusted with the first Propositions concerning the Levies of Monies which is the sinews as well of Peace as War and the impeaching of those who for their own ends though countenanced by any surreptitiously-gotten Command of the King have violated that Law which He is bound when He knows it to protect and to the protection of which they were bound to advise Him at least not to serve Him in the contrary And the Lords being trusted with a Judicatory power are an excellent Screen and Bank between the Prince and People to assist each against any Incroachments of the other and by just Judgments to preserve that Law which ought to be the Rule of every one of the Three For the better enabling them in this beyond the Examples of any of Our Ancestors We were willingly contented to oblige Our Self bouth to call a Parliament every three years and not to dissolve it in fifty days and for the present Exigent the better to raise Money and avoid the pressure no less grievous to Us then them Our People must have suffered by a longer continuance of so vast a Charge as two great Armies and for their greater certainty of having sufficient time to remedy the inconveniences arisen during so long an absence of Parliaments and for the punishment of the Causers and Ministers of them We yielded up Our Right of dissolving this Parliament expecting an extraordinary moderation from it in gratitude for so unexampled a Grace and little looking that any Malignant Party should have been encouraged or enabled to have perswaded them first to countenance the Injustices and Indignities We have endured and then by a new way of Satisfaction for what was taken from Us to demand of Us at once to confirm what was so taken and to give up almost all the rest Since therefore the Power Legally placed in both Houses is more then sufficient to prevent and restrain the power of Tyranny and without the Power which is now asked from Us We shall not be able to discharge that Trust which is the End of Monarchy since this would be a total Subversion of the Fundamental Laws and that excellent Constitution of this Kingdom which hath made this Nation so many years both Famous and Happy to a great degree of Envy since to the power of Punishing which is already in your hands according to Law if the power of Preferring be added We shall have nothing left for Us but to look on since the incroaching of one of these Estates upon the power of the other is unhappy in the effects both to them and all the rest since this power of at most a joynt-Government in Us with Our Counsellors or rather Our Guardians will return Us to the worst kind of Minority and make Us despicable both at home and abroad
the Education of the Children of Papists by Protestants in the Protestant Profession many about Us can witness with Us that we have often delivered Our Opinion that such a course with God's blessing upon it would be the most effectual for the rooting out of Popery out of this Kingdom We shall therefore thank you for it and encourage you in it and when it comes unto Us do Our Duty And We heartily wish for the publick good that the time you have spent in making Ordinances without Us had been imployed in preparing this and other good Bills for Us. For the Eighth touching the Reformation to be made of the Church-Government and Liturgy We had hoped that what We had formerly declared concerning the same had been so sufficiently understood by you and all good Subjects that We should not need to have expressed Our Self further in it We told you in Our Answers to your Petition presented to Us at Hampton-Court the first of December That for any illegal Innovations which may have crept in We should willingly concurre in the removal of them that if Our Parliament should advise Vs to call a National Synod which may duely examine such Ceremonies as give just cause of Offence to any We should take it into Consideration and apply Our Self to give due satisfaction therein that We were perswaded in Our Conscience that no Church could be found upon the Earth that professeth the true Religion with more Purity of Doctrine then the Church of England doth nor where the Government and Discipline are jointly more beautified and free from Superstition then as they are here established by Law which by the Grace of God We will with Constancy maintain while We live in their Purity and Glory not only against all Invasions of Popery but also from the Irreverence of those many Schismaticks and Separatists wherewith of late this Kingdom and Our City of London abounds to the great dishonour and hazard both of Church and State for the suppression of whom We required your timely and active assistance We told you in Our first Declaration printed by the Advice of Our Privy Council That for differences amongst our selves for matters indifferent in their own nature concerning Religion We should in tenderness to any number of Our loving Subjects very willingly comply with the Advice of Our Parliament that some Law might be made for the exemption of tender Consciences from punishment or prosecution for such Ceremonies and in such Cases which by the judgment of most men are held to be matters indifferent and of some to be absolutely unlawful Provided that this ease should be attempted and pursued with that modesty temper and submission that in the mean time the Peace and Quiet of the Kingdom be not disturbed the Decency and Comeliness of God's Service discountenanced nor the Pious Sober Devout actions of those Reverend Persons who were the first Labourers in the blessed Reformation or of that time be scandaled and defamed And we heartily wish that others whom it concerned had been as ready as their Duty bound them though they had not received it from Us to have pursued this Caution as We were and still are willing and ready to make good every particular of that Promise Nor did we onely appear willing to joyn in so good a Work when it should be brought Us but prest and urged you to it by Our Message of the fourteenth of February in these words And because His Majesty observes great and different troubles to arise in the hearts of His People concerning the Government and Liturgy of the Church His Majesty is willing to declare That He will refer the whole consideration to the wisdom of His Parliament which he desires them to enter into speedily that the present Distractions about the same may be composed but desires not to be pressed to any single Act on His part till the whole be so digested and settled by both Houses that His Majesty may clearly see what is fit to be left as well as what is fit to be taken away Of which We the more hoped of a good success to the general satisfaction of Our People because you seem in this Proposition to desire but a Reformation and not as is daily preached for as necessary in those many Conventicles which have within these nineteen months begun to swarm and which though their Leaders differ from you in this opinion yet appear to many as countenanced by you by not being punished by you few else by reason of the Order of the House of Commons of the 9th of September daring to do it a destruction of the present Discipline and Liturgy And We shall most chearfully give Our best assistance for raising a sufficient maintenance for Preaching Ministers in such course as shall be most for the encouragement and advancement of Piety and Learning For the Bills you mention and the Consultation you intimate knowing nothing of the particular matters of the one though We like the Titles well nor of the manner of the other but from an Informer to whom We give little credit and We wish no man did more common Fame We can say nothing till We see them For the Eleventh We would not have the Oath of all Privy Counsellors and Judges streightned to particular Statutes of one or two particular Parliaments but extend to all Statutes of all Parliaments and the whole Law of the Land and shall willingly consent that an enquiry of all the breaches and violations of the Law may be given in charge by the Justices of the Kings Bench every Term and by the Judges of Assize in their Circuits and Justices of Peace at the Sessions to be presented and punished according to Law For the Seventeenth We shall ever be most ready and We are sorry it should be thought needful to move Us to it not only to join with any particularly with the States of the United Provinces of which We have given a late proof in the Match of Our Daughter for the defence and maintenance of the Protestant Religion against all designs and attempts of the Pope and his Adherents but singly if need were to oppose with Our Life and Fortune all such Designs in all other Nations were they joyned And that for Considerations of Conscience far more then any temporal end of obtaining access of Strength and Reputation or any natural end of restoring Our Royal Sister and her Princely Issue to their Dignities and Dominions though these be likewise much considered by Us. For the Eighteenth It was not Our fault that an Act was not passed to clear the Lord Kimbolton and the Five Members of the House of Commons but yours who inserted such Clauses into both the Preamble and Act perhaps perswaded to it by some who wish not that you should in any thing receive satisfaction from Us as by passing the Preamble We must have wounded Our Honour against Our Conscience and by another Clause have admitted a Consequence
they please to call it of the tenth of June will surely believe the Peace of this Kingdom to be extreamly shaken and at least the King himself to be consulted with and privy to these Propositions But We hope that when Our good Subjects shall find that this goodly pretence of the Defence of the King is but a specious bait to seduce weak and inconsiderate men into the highest Acts of Disobedience and Disloyalty against Us and of Violence and Destruction upon the Laws and Constitutions of the Kingdom they will no longer be captivated by an implicite Reverence to the name of both Houses of Parliament but will carefully examine and consider what number of persons are present and what persons are prevalent in those Consultations and how the Debates are probably managed from whence such horrid and monstrous Conclusions do result and will at least weigh the Reputation Wisdom and Affection of those who are notoriously known out of the very horrour of their Proceedings to have withdrawn themselves or by their skill and violence to be driven from them and their Counsels Whilst their Fears and Jealousies did arise or were infused into the people from Discourses of the Rebels in Ireland of Skippers at Roterdam of Forces from Denmark France or Spain how improbable and ridiculous soever that bundle of Informations appeared to all wise and knowing men it is no wonder if the easiness to deceive and the willingness to be deceived did prevail over many of Our weak Subjects to believe that the Dangers which they did not see might proceed from Causes which they did not understand But for them to declare to all the world That We intend to make War against Our Parliament whilest We sit still complaining to God Almighty of the Injury offered to Us and to the very Being of Parliaments and that We have already begun actually to levy Forces both of Horse and Foot whilest We have only in a Legal way provided a smaller Guard for the security of Our own Person so near a Rebellion at Hull than they have had without lawful Authority above these eight Months upon imaginary and impossible Dangers to impose upon Our peoples Sense as well as Understanding by telling them We are doing that which they see We are not doing and intending that they all know as much as Intentions can be known We are not intending is a boldness agreeable to no power but the Omnipotence of those Votes whose absolute Supremacy hath almost brought Confusion upon King and People and against which no Knowledge in matter of Fact or Consent and Authority in matter of Law they will endure shall be opposed We have upon all occasions with all possible Expressions professed Our fast and unshaken Resolutions for Peace And We do again in the presence of Almighty God Our Maker and Redeemer assure the World that We have no more thought of making a War against Our Parliament than against Our own Children that We will maintain and observe the Acts assented to by Us this Parliament without Violation of which that for the frequent assembling of Parliaments is one and that We have not or shall not have any thought of using any force unless We shall be driven to it for the security of Our Person and for the defence of the Religion Laws and Liberty of the Kingdom and the just Rights and Privileges of Parliament And therefore We hope the Malignant Party who have so much despised Our Person and usurped Our Office shall not by their specious fraudulent insinuations prevail with Our good Subjects to give credit to their wicked Assertions and so to contribute their Power and Assistance for the ruine and destruction of Us and themselves For Our Guard about Our Person which not so much their Example as their Provocation inforced Us to take 't is known it consists of the prime Gentry in Fortune and Reputation of this County and of one Regiment of Our Trained Bands who have been so far from offering any Affronts Injuries or Disturbance to any of Our good Subjects that their principal end is to prevent such and so may be Security can be no Grievance to our People That some ill affected persons or any persons have been employed in other parts to raise Troops under colour of Our Service or have made large or any offers of Reward and Preferment to such as will come in is for ought We know and as We believe an Untruth devised by the Contrivers of this false Rumour We disavow it and are confident there will be no need of such Art or Industry to induce Our loving Subjects when they shall see Us oppressed and their Liberties and Laws confounded and till then We shall not call on them to come in to Us and to assist Us. For the Delinquents whom We are said with a high and forcible hand to protect let them be named and their Delinquency and if We give not satisfaction to Justice when We shall have received satisfaction concerning Sir John Hotham by his legal Trial then let Us be blamed But if the Design be as it is well known to be after We have been driven by force from Our City of London and kept by force from Our Town of Hull to protect all those who are Delinquents against Us and to make all those Delinquents who attend on Us or execute Our lawful Commands We have great reason to be satisfied in the Truth and Justice of such Accusation lest to be Our Servant and to be a Delinquent grow to be terms so convertible that in a short time We be left as naked in Attendance as they would have Us in Power and so compel Us to be waited on only by such whom they shall appoint and allow and in whose presence We should be more miserably alone than in Desolation it self And if the seditious Contrivers and Fomenters of this Scandal upon Us shall have as they have had the power to mis-lead the major part present of either or both Houses to make such Orders and send such Messages and Messengers as they have lately done for the apprehension of the great Earls and Barons of England as if they were Rogues or Felons and whereby Persons of Honour and Quality are made Delinquents merely for attending upon Us and upon Our Summons whilst other men are forbid to come near Us though obliged by the Duty of their Places and Oaths upon Our lawful Commands 't is no wonder if such Messengers are not very well intreated and such Orders not obeyed Neither can there be a surer and a cunninger way found out to render the Authority of both Houses scorned and vilified than to assume to themselves merely upon the Authority of the Name of Parliament a power monstrous to all Understandings and to do Actions and to make Orders evidently and demonstrably contrary to all known Law and Reason as to take up Arms against Us under colour of defending Us to cause Money to be brought in to
Our Court at York this 15. of June 1642. The Declaration and Profession of the Lords now at York and others of His Majesty's most Honourable Privy Council disavowing that they see any apparence of Preparations or Intentions in His Majesty to levy War against the Parliament WE whose names are under-written in Obedience to His Majesty's Desire and out of the Duty which we owe to His Majesty's Honour and to Truth being here upon the place and witnesses of His Majesty's frequent and earnest Declarations and Professions of His abhorring all Designs of making War upon His Parliament and not seeing any colour of Preparations or Counsels that might reasonably beget the belief of any such Design do profess before God and testifie to all the World that we are fully perswaded that His Majesty hath no such Intentions but that all His Endeavours tend to the firm and constant settlement of the true Protestant Religion the just Privileges of Parliament the Liberty of the Subject the Law Peace and Prosperity of this Kingdom York June 15. 1642. Subscribed by Lord Keeper L. D. of Richmond L. Marquess Hartford L. Great Chamberlain E. of Cumberland E. of Bath E. of Southampton E. of Dorset E. of Salisbury E. of Northampton E. of Devon E. of Cambridge E. of Bristol E. of Clare E. of Westmorland E. of Berkshire E. of Monmouth E. of Rivers E. of Dover E. of Carnarven E. of Newport L. Mowbray Maltravers L. Willoughby L. Grey of Ruthen L. C. Howard Andover L. Lovelace L. Paget L. Falconberge L. Rich. L. Paulet L. Newark L. Coventry L. Savile L. Mohun L. Dunsmore L. Seymour L. Capel L. Falkland Mr. Comptroller Mr. Secretary Nicholas Mr. Chancel of the Exchequer L. Chief Justice Banks MDCXLII June 8. By the King A Proclamation forbidding all Levies of Forces without his MAJESTY's express Pleasure signified under His Great Seal and all Contributions or Assistance to any such Levies WHereas under pretence that We intend to make War against the Parliament the contrary whereof is notoriously known to all that are here and as We hope by this time apparent to all other Our Subjects as well by Our Declaration of the sixteenth of June as by the Testimony of all Our Nobility and Council who are here upon the place and by colour of the Authority of both Houses of Parliament a major part whereof are now absent from London by the contrivance of some few evil persons disguising and colouring their pernicious Designs and hostile Preparations under the plausible names of the preservation of publick Peace and defence of Vs and both Houses of Parliament from Force and violence it hath been endeavoured to raise Troops of Horse and other Forces And for that purpose they have prevailed not only to prohibit Our own Moneys to be paid to Us or to Our use but by the Name and Authority of Parliament to excite Our Subjects to contribute their Assistance to them by bringing in Moneys Plate or under-writing to furnish and maintain Horses Horsemen and Arms and to that purpose certain Propositions or Orders as they are styled by them have been printed whereby they have endeavoured to engage the Power and Authority of Parliament as if the two Houses without Us had that Power and Authority to save harmless all those that shall so contribute from all Prejudice and Inconvenience that may befall them by occasion thereof And although We well hope that these Malignant persons whose Actions do now sufficiently declare their former Intentions will be able to prevail with few of Our good People to contribute their Power or Assistance unto them Yet lest any of Our Subjects taking upon trust what those men affirm without weighing the grounds of it or the danger to Us themselves and the Commonwealth which would ensue thereupon should indeed believe what these persons would insinuate and have them to believe that such their Contribution and Assistance would tend to the preservation of the publick Peace and the Defence of Us and both Houses of Parliament and that thereby they should not incur any danger We that We might not be wanting as much as in Us lyeth to foreshew and to prevent the danger which may fall thereupon have hereby thought good to declare and publish unto all Our loving Subjects That by the Laws of the Land the power of raising of Forces or Arms or levying of War for the defence of the Kingdom or otherwise hath always belonged to Us and to Us only and that by no Power of either or both Houses of Parliament or otherwise contrary to Our personal Commands any Forces can be raised or any War levied And therefore by the Statute of the seventh year of Our famous Progenitor King Edward the First whereas there had been then some variances betwixt Him and some great Lords of the Realm and upon Treaty thereupon it was agreed that in the next Parliament after provision should be made that in all Parliaments and all other Assemblies which should be in the Kingdom for ever every man should come without Force and Armour well and peaceably yet at the next Parliament when they met together to take advice of this Business though it concerned the Parliament it self the Lords and Commons would not take it upon them but answered That it belonged to the King to defend force of Armour and all other force against the Peace at all times when it pleased Him and to punish them which should do contrary according to the Laws and Usages of the Realm and that they were bound to aid Him as their Sovereign Lord at all seasons when need should be And accordingly in Parliament in after-times the King alone did issue His Proclamations prohibiting bearing of Arms by any person in or near the City where the Parliament was excepting such of the Kings Servants as He should depute or should be deputed by His Commandment and also excepting the Kings Ministers And by the Statute of Northampton made in the second year of King Edward the Third it is enacted That no man of what condition soever he be except the Kings Servants in His presence and His Ministers in executing the Kings Precepts or of their Office and such as be in their company assisting them go nor ride armed by night or day in Fairs Markets nor in the presence of the Justices or other Ministers nor in no part elsewhere And this power of raising Forces to be solely in the King is so known and inseparable a Right to the Crown that when in the Reign of King Henry the Eighth there being a sudden Rebellion the Earl of Shrewsbury without Warrant from the King did raise Arms for the suppression thereof and happily suppressed it yet was he forced to obtain his Pardon And whereas the Duke of Gloucester and other great Lords in the eleventh year of King Richard the Second upon pretence of the good of the King and Kingdom the King being then not of age and led away as
the eighteenth day of June in the eighteenth year of Our Reign 1642. Votes of the Lower House for raising an Army against the KING Die Martis 12 Julii 1642. Resolved upon the Question THAT an Army shall be forthwith raised for the Safety of the King's Person defence of both Houses of Parliament and of those who have obeyed their Orders and Commands and preserving of the true Religion the Laws Liberty and Peace of the Kingdom Resolved upon the Question That the Earl of Essex shall be the General Resolved upon the Question That this House doth declare that in this Cause for the Safety of the King's Person defence of both Houses of Parliament and of those who have obeyed their Orders and Commands and preserving of the true Religion the Laws Liberty and Peace of the Kingdom they will live and die with the Earl of Essex whom they have nominated General in this Cause MDCXLII Aug. 8. A Declaration of the Lords and Commons for raising of Forces against the KING Together with His MAJESTY'S Declaration in Answer to the same A Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands as others in several Counties of this Kingdom to lead against all Traitors and their Adherents and them to Arrest and Imprison and to Fight with Kill and Slay all such as shall oppose any of His Majesty's loving Subjects that shall be imployed in this Service by either or both Houses of Parliament WHereas certain Information is given from several parts of the Kingdom That divers Troops of Horse are imployed in sundry Counties of the Kingdom and that others have Commission to raise both Horse and Foot to compel His Majesty's Subjects to submit to the Illegal commission of Array out of a Traiterous intent to subvert the Liberty of the Subject and the Law of the Kingdom and for the better strengthening themselves in this wicked attempt do joyn with the Popish and Jesuitical Faction to put the Kingdom into a Combustion and Civil War by levying Forces against the Parliament and by these Forces to alter the Religion and the Antient Government and lawful Liberty of the Kingdom and to introduce Popery and Idolatry together with an Arbitrary Form of Government and in pursuance thereof have Traitorously and Rebelliously levied War against the King and by force robb'd spoil'd and slain divers of His Majesty's good Subjects travelling about their lawful and necessary occasions in the King's Protection according to Law and namely that for the end and purpose aforesaid the Earl of Northampton the Lord Dunsmore Lord Willoughby of Eresby Son to the Earl of Lindsey Henry Hastings Esquire and divers other unknown persons in the Counties of Lincoln Nottingham Leicester Warwick Oxford and other places the Marquess of Hartford the Lord Paulet Lord Seymour Sir John Stawel Sir Ralph Hopton John Digby Esquire and other their Accomplices have gotten together great Forces in the County of Somerset The Lords and Commons in Parliament duly considering the great Dangers which may ensue upon such their wicked and traitorous Designs and if by this means the Power of the Sword should come into the hands of Papists and their Adherents nothing can be expected but the miserable ruine and desolation of the Kingdom and the bloody massacre of the Protestants they do Declare and Ordain That it is and shall be lawful for all His Majesty's loving Subjects by force of Arms to resist the said several Parties and their Accomplices and all other that shall raise or conduct any other Forces for the ends aforesaid and that the Earl of Essex Lord General with all his Forces raised by the Authority of Parliament as likewise the Lord Say Lieutenant of Oxfordshire Earl of Peterborough Lieutenant of Northamptonshire Lord Wharton Lieutenant of Buckinghamshire Earl of Stamford Lieutenant of Leicestershire Earl of Pembroke Lieutenant of Wiltshire and Hampshire Earl of Bedford Lieutenant of Somersetshire and Devon Lord Brook Lieutenant of Warwickshire the Lord Cranborne Lieutenant of Dorsetshire the Lord Willoughby of Parham Lieutenant of Lincolnshire and all those who are or shall be appointed by Ordinance of both Houses to perform the place of Deputy-Lieutenants and their Deputy-Lieutenants respectively Denzil Hollis Esquire Lieutenant of the City and County of Bristol and the Mayors and Sheriffs of the City and Deputy-Lieutenants there and all other Lieutenants of Counties Sheriffs Mayors Deputy-Lieutenants shall raise all their Power and Forces of their several Counties as well Trained Bands as others and shall have power to conduct and lead the said Forces of the said Counties against the said Traitors and their Adherents and with them to fight kill and slay all such as by force shall oppose them and the Persons of the said Traitors and their Adherents and Accomplices to Arrest and Imprison and them to bring up to the Parliament to answer these their Traiterous and Rebellious Attempts according to Law and the same or any other Forces to transport and conduct from one County to another in aid and assistance one of another and of all others that shall joyn with the Lords and Commons in Parliament for the defence of the Religion of Almighty God and of the Liberties and Peace of the Kingdom and in pursuit of those wicked and Rebellious Traitors the Conspirators Aiders and Abettors and Adherents requiring all Lieutenants of Counties Sheriffs Mayors Justices of Peace and other His Majesty's Officers and loving Subjects to be aiding and assisting to one another in the Execution hereof And for so doing all the parties above-mentioned and all others that shall joyn with them shall be justified defended and secured by the Power and Authority of Parliament Die Lunae Aug. 8. 1642. Ordered that this Declaration be forthwith Printed and Published Hen. Elsinge Cler. Parl. D. Com. His MAJESTY's Declaration in Answer to a Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands c. AS much experience as We have had of the inveterate Rancour and high Insolence of the Malignant Party against Us We never yet saw any expression come from them so evidently declaring it as the Declaration entituled A Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands as others in several Counties of this Kingdom to lead against all Traitors and their Adherents c. In which that Faction hath as it were distilled and contracted all their Falshood Insolence and Malice there being in it not one period which is not either Slanderous or Treasonable And nothing can more grieve Us than that by their infinite Arts and Subtilty employed by their perpetual and indefatigable Industry and by that Rabble of Brownists and other Schismaticks declaredly ready to appear at their Call they should have been able so to draw away some and drive away others of Our good Subjects from Our
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
endeavouring to make any excuse for the Actions of Our Ministers That the measure of Our Justice and Favour by way of Reparation should far exceed the proportion of the Sufferings Our good Subjects had undergone by Us which We were confident would beget so mutual an Affection and confidence between Us that such a foundation of firm and stable Happiness would immediately have been laid for the whole Kingdom that all memory of former Grievances would have been easily buried and that this Parliament should receive a glorious celebration both by King and People to the end of the world And therefore upon the first Convention on the third of November We declared Our resolution in that point and then or soon after desired that whatever mistaking had grown in the Government either of Church or State might be removed and all things reduced to the Order of the time the memory whereof is justly precious to this Nation of Queen Elizabeth and for any expression of their Affection to Us in supply of Our known Necessities We were so far from pressing We resolved not to think of it till all Our good People should be abundantly satisfied in all necessary provision for their Liberty and Property and whatsoever else might disturb them in their Estates or Consciences How firmly We have kept Our Self to this Resolution is evident to all the world At the beginning of the Parliament We quickly discerned by some Circumstances of their proceedings that they meant not to confine or contain themselves within the Paths of their Predecessors which We imputed to the disorder and impatience the former Sufferings of the Kingdom had begot in them and therefore We resolved to take no exceptions to any particular but to do Our part in any point of Reformation as soon and as often as any opportunity should be offered unto Us believing that as soon as they should find themselves restored to their old security and the matter and substance of their Doubts and Fears to be removed they would easily and willingly reduce themselves into their good old way and apply themselves to the usual form of their Predecessors in the course of their proceedings And though We well knew the Combination entred into by several persons for an alteration in the Government of the Church which could not but have an Influence upon the Civil Government of the State too and observed that those men had greatest Interest and power of perswading in both Houses who had entred into such Combination yet Our Resolution was so full for the publick satisfaction of Our People that We believed even those men would either have been converted in their Consciences by the clearness and justice of Our Actions or would have appeared so unreasonable or been discovered so seditious that their Malice and Fury would not have been able to have done mischief And therefore We took no notice of the great labour and skill the prime Leaders amongst them had used to get men of their Faction nominated and elected to serve as Members of the House of Commons and did use to remove others whom they knew to be of different Opinions though they were fairly and legally elected wherein there was no other measure or Rule of Justice observed than singly with reference to the Opinions or Affections of the Persons witness besides their putting out or keeping in men upon questionable Elections without the least colour or shadow of Justice their Order whereby they at one clap expelled a very great number of Persons fairly elected by their Country upon pretence that they had some hand or their names used in some Project Monopoly or Patent without charging them with any Crime or to this day proceeding against them and yet they continue amongst them Sir Henry Mildmay Master Laurence Whitakers and others whose Affections and Opinions they are well pleased with though the first of them is notoriously known to be the chief Promoter of the business of the Gold and Silver Thred a Commission complained of viewed and examined and therefore his name might have been easily taken notice of and the other as conversant and as much imployed as a Commissioner in matters of that nature as any Man We speak not this to excuse Monopolies the Inconveniences of which We are sensible of and shall for the future prevent but to shew the partiality of that Faction and the use they make of them to their own advantage The first Remedy after the impeaching several Persons of High Treason whom they looked upon as the chief causes of the publick Sufferings they proposed was The Bill for the Triennial Parliament to the which though We might justly have paused upon several Expressions and Clauses in it and might very well have insisted upon Our old Priviledge and Custom not to pass any Bill till the end of the Session yet since We really did believe most of the Mischiefs then complained of proceeded from the too-long intermission of Parliaments and were resolved for the future to communicate freely and frequently that way with Our Subjects We passed over those Exceptions and consented to it especially upon this Confidence That when such other Acts should be agreed upon for the ease and security of Our People as We desired and expected should be preferred to Us this Act would be a sufficient earnest and assurance that all those Acts should be faithfully observed by Us and so there should be no room left for any Fears and Jealousies which might prevent that mutual Confidence between Us and Our People We earnestly desired to raise and for some time after the passing this Act We found such an acknowledgment from both Houses of Our singular Grace and Favour in consenting to it and so great expressions of their Affections and purposes towards Us that We believed the sense of it would never have been forgotten and were as much pleased that We had taken that way of obliging Our People as they were with the Benefit it self But We were very well able to discover that whatsoever seemed to be asked of Us or to be complained of to Us there was still a Faction of a few Ambitious Discontented and Seditious persons who under pretence of being enemies to Arbitrary Power and of compassion towards those who out of Tenderness of Conscience could not submit to some things enjoyned or commended in the Government of the Church had in truth a desire and had entred into a Combination to that purpose to alter the Government both of Church and State which they were yet to disguise till by their Art or Industry they had infected some with their Opinions and by their cunning Demeanour and Managery of the publick Interests they had seduced others to an implicite confidence in their Power Wisdom and Integrity And against this Design We only opposed a resolution to contribute all Our assistance for the Peace Happiness and Security of Our People and so to convince their Understandings if their Error proceeded from Weakness
that Torrent which might have overwhelmed Us and made them as well and by the same Rule Masters of Our Person as of Our Militia This carried Us first from Theobald's to New-market And whosoever reads the Declaration sent Us thither the strange language given Us and Scandals laid upon Us in that Declaration will not wonder that We made all the haste We could from thence to Tork What hath hapned since Our coming hither both in Words and Actions is too notorious to all the parts of Christendom who with wonder and delight are amazed to see the Wisdom Courage Affection and Loyalty of the English Nation appear so far shrunk and confounded by the Malice Cunning and Industry of persons contemptible in Number inconsiderable in Fortune and Reputation united only by Guilt and Conspiracy against Us. A Licence even to Treason is admitted that is not punished in Pulpits and persons ignorant in Learning and Understanding turbulent and Seditious in disposition Scandalous in life and unconformable in Opinion to the Laws of the Land are by these Men their recommendation and authority imposed upon Parishes to infect and poison the minds of Our People Our Towns Our Goods Our Mony are taken from Us and to make the scorn compleat care is taken to perswade Us that We are not injured but that all is done for Our good Opinions and Resolutions are imposed upon Us by Votes and Declarations that We intended to levy War and then Arms taken up to destroy Us Rebellions and Treasons contrived fomented and acted against Us and then Reproaches cast on Us and War raised against Us because We are displeased We send Our Command to Our Keeper of Our Great Seal of England to Adjourn the Term from London to York a thing as much in Our Power as in what room of Our House We will lodge or eat This is straight Voted to be illegal and Our Keeper of Our Own Seal peremptorily forbid to do his Duty to Seal a Writ or Proclamation to that purpose and when in Obedience to Our express Command he comes to wait on Us he is pursued with a Warrant to all Mayors Justices of the Peace Sheriffs and other Officers to apprehend him A Committee is sent down into the Countries near Us to execute their pretended Ordinance who compel Our Subjects to take Arms against Us and threaten and imprison such as refuse without the least colour of Law whilst such who execute Our legal Commission of Array are sent for as Delinquents and declared to be Enemies to the Kingdom Our own Monies seized upon at London and no supply suffered to be sent Us all persons are forbid to come to Us and charge given to all Men near the Northern Road to stop all Men and Horses who are for Our Service coming to York there being as Master Hollis says in his Speech of which he hath the sole Printing and hath granted that Monopoly to one Vnderhill a mark set upon that Place and an opinion declared concerning those who shall resort thither Our High-ways are shut up and Our good Subjects are hindred in their journies and their goods seized and detained from them because they have occasions to use them in the North Our own Houshold Servants refuse to attend Us upon Our Summons and then the putting them from their Places is voted an injury to the Parliament and whosoever shall accept of those Places to offer an affront to the Parliament and render themselves Unworthy of any place of Honour or Trust in the Commonwealth Sir John Hotham is commended and protected for keeping Us out of Our Town of Hull by Force and Arms and Our raising a Guard for Our Defence is voted levying War against Our Parliament whilst he murthers Our Subjects takes them Prisoners burns their Houses drowns their Land and robs all Men he can lay hold of and commits all the insolent Acts of Hostility against Us and Our Subjects which the most equal and declared Enemies practise in any Country And when after all these Outrages Our miserable Subjects throw themselves at Our feet crying for and challenging Our Protection We must not perform that Duty towards them nor presume to say Sir John Hotham is a Traitor because he hath Priviledge of Parliament Our Royal Navy Our Own Ships are taken from Us the Earl of Warwick made Our Admiral in despight and scorn of Us who chases Our Subjects and makes War upon Us under the Authority of another pretended Ordinance and his Letter published by the direction of the House of Peers to shew how easie it was to make an election rather to despise Us and the known unquestionable Law of the Land than to neglect an Order of both Houses in a matter they have no more just power to meddle in than they have to sell Our Houses Parks and Crown-Land and they may as lawfully send those Ships to the Indies and ordain that We shall never have more as keep them in the Downs against Our Will and under a Command We do protest against to all the World We are defamed and publickly reproached for want of zeal against the Rebels in Ireland and when We offer to venture Our own Person and Our Crown-Land for the relief of Our miserable Subjects there such a Journy is voted to be against the Law to be an incouragement to the Rebels that whosoever shall assist Us in it shall be an Enemy to the Commonwealth and that the Sheriffs of Counties shall raise power to suppress any Levies We shall make to that purpose And after all this when it hath been publickly said by Master Martin That Our Office is forfeitable and that the Happiness of this Kingdom doth not depend upon Vs or any of the Regal Branches of that Stock and by Sir Henry Ludlow That We are not worthy to be King of England and been declared that We have no Negative voice which puts Our Crown the Law of the Land the Liberty and Property of the Subjects absolutely into their hands We are told by these devout Champions for Anarchy and Confusion That We are fairly dealt with that We are not deposed That if they did that there would be neither want of Modesty or Duty in them They publish false scandalous Declarations to corrupt Our good Subjects in their Loyalty and Affection to Us injoyn them to be read and disperse them with all Care and Industry and send for all Ministers who according to Our Command publish Our Answers to undeceive Our People as Delinquents notwithstanding We have not prohibited any to read theirs They commit the Lord Mayor of London and other Mayors for publishing Our Proclamations according to Our Writ and his Oath and streightly charge all Our ministers of Justice not to obey Us They raise an Army against Us and chuse the Earl of Essex for their General and grant him a power Over Us the Law and all Our People that he may kill and destroy whom he thinks fit and impose an
Oath upon Our Subjects to execute all the Commands of both Houses They waste and consume the Mony given by Act of Parliament for the discharge of the great Debt of the Kingdom and for the relief of the bleeding Condition of Ireland imploy the Mony brought in by the Adventurers and those Men who are levied by Our Authority and Commission for the preservation of Our miserable Subjects there to serve them in a War against Us whereby all Men may see what reason We had not to consent to a Warrant dormant under pretence of Levies for Ireland which might have furnished them with Men to fight against Us as the same Pretence hath done with all the Arms We had in Our Magazines They commit such of Our Subjects to Prison whom they are pleased to suspect as the Earl of Portland and for no other reason but that they believe them loyal to Us censure and degrade nine Lords at a clap for obeying Our Summons and coming to Us when scarce that number concurred in the Judgment and declared two others Enemies to the Commonwealth taking their Votes from them without so much as summoning them to answer any Charge brought against them They presume to take Tonnage and Poundage by a pretended Ordinance without Our Consent though they have so often pressed it against Us that We took it without theirs and so now dispence with a Praemunire made this Parliament as they have formerly done with Treason Lastly to shew into what hands they intend the Government of this Kingdom shall be put they have reduced the business of the whole Kingdom from both Houses of Parliament into the hands of a few desperate persons who have the power committed to them to act this Tragedy without acquainting the Houses and so have gotten the Authority of King and both Houses of Parliament to destroy all Three make Orders to break up Houses take away Plate and Money because 't is possible the Owners wish it with Us at York send Troops of Horse to make War upon Us in what Counties they please and commit such unheard-of Acts of Oppression and Injustice as no Story can parallel where the least form of Government hath been left that all Our good Subjects may see by what Rules they shall live and what Right they are like to enjoy when these Men have gotten the Sway who in the infancy of their Power and when there is yet left some memory of and reverence to the Laws under which their Fathers lived so happily dare leap over all those known and confessed Principles of Government and Obedience and exercise a Tyranny both over Prince and People more insupportable than Confusion it self And for all this impudent Injustice odious to God and Man what is objected against Us That We will not be advised by Our Parliament In what what one Proposition that is evidently for the ease of Our Subjects have We denied That We have granted many is confessed We will not consent that the Ordinance of the Militia shall be executed and obeyed that is We will not allow that both Houses of Parliament shall make Laws and impose upon the Property and Liberty of Our Subjects Without Our Consent which if We should yield to upon the same pretences of Necessity a word fatal to this Kingdom and the publick good the House of Commons might as well and would quickly come to make Laws without the House of Peers and the common People without either nor are willing that those Men who have discovered all Malice to Our Person and dis-esteem and irreverence of Our Office shall be legally qualified to take up Arms against Us when they shall be thereunto provoked by their Malice or Ambition There can be no new thing said in this Argument We must refer Our good Subjects to Our several Answers Declarations and Proclamations in that point only it will be worth their considering that this extraordinary unheard-of extravagant Power was assumed in a case of peremptory Necessity for the prevention of imminent Danger in the beginning of March how long it was in design before is understood by Sir Arthur Hesilrigge his Bill long preceeding whether any such Danger hath been since discovered and whether unspeakable Calamities have not already and are not like to ensue from that Fountain We wish it were not too apparent And if those Fears and Jealousies which seem to make that Ordinance necessary were indeed real and honest that in truth nothing were desired but putting the Kingdom into a posture that is that all Our Loving Subjects might be provided with Arms and dexterous in the using them if any Invasion or Rebellion should be is not all this Care taken and all this Security provided for by the Commission of Array What honest end can that Ordinance have which is not obtained by the execution of and obedience to that Commission But 't is true the power is not in those hands nor like to be imployed to those uses 't is now intended Who hath not heard these Men say That the alteration they intend and is necessary both in Church and State must be made by blood Are not the Principles by which they live destructive to all Laws and Compacts Is not every thing Necessary they think so and every thing lawful that is in order to that Necessity Sure if Our good Subjects were throughly awake in this business they would think they had much more cause to thank Us for denying this Ordinance than for granting all that We have granted What is there else We do not think Sir John Hotham hath dealt well with Us in keeping Our Town from Us nor do take it kindly that We are robbed of Our Magazine and Munition but think of recovering both by Force because We cannot have them otherwise which will be an actual levying War against Our Parliament This Argument is sufficiently vexed too Our good Subjects will read the Messages Answers Votes and Declarations in this Case and We are sure upon the grounds laid to justifie this Treason no Subject in England hath a House of his own which may not to morrow be given to Sir John Hotham for as long a term as they think fit and he may be sent to morrow to murther Us and be no Traitor and they who shall shut the door against him shall be Delinquents Is there no more Yes We will not submit to those Nineteen dutiful and modest Propositions which have been lately thrown at Us as the necessary means of removing Jealousies and Differences and as the last Complement of all their Scorns and Injuries that Posterity may see to what a tameness We were brought when such things were asked of Us We will not be content that all Our Officers and Ministers of State be they never so faithful to Us so affectionate to their Country never so wise never so honest shall be immediately removed from Us and their places be disgraced and undone and in their rooms these Gentlemen who have
wisdoms You would be pleased to remove such Dangers by punishing the Ring-leaders of these Tumults and that Your Majesty and the Parliament may be secured from such Insolencies hereafter For the suppressing of which in all humility we offer our selves to wait upon You if You please hoping we shall appear as considerable in way of Defence to our Gracious Sovereign the Parliament our Religion and the established Laws of the Kingdom as what number soever shall audaciously presume to violate them so shall we by the wisdom of Your Majesty and the Parliament not only be vindicated from precedent Innovations but be secured from the future that are threatned and likely to produce more dangerous effects than the former And we shall pray c. MDCXLII His MAJESTY's Declaration to all his loving Subjects upon occasion of His late Messages to both Houses of Parliament and their refusal to Treat with Him for the Peace of the Kingdom IF it had not evidently appeared to all Men who have carefully examined and considered Our Actions Messages and Declarations how far We are and have been from begetting or promoting the present Distractions and that the Arms We have now taken are for the necessary safety and defence of Our Life being not taken up by Us till Our Town and Fort of Hull were kept from Us by force of Arms Our Navy imployed against Us to keep back all forein supply of Arms and Mony when Our own here was seized and detained from Us and an Army raised in pay and marching against Us yet the late reception of Our Message of the 25th of August sent by persons of Honour and Trust will sure satisfy the World that We have omitted nothing on our part that a gracious and Christian Prince could or can doe to prevent the effusion of Christian Blood but that the malignant party which have with great subtilty and industry begot this Misunderstanding between Us and Our good Subjects resolve to satisfy and secure their Malice and Ambition with the Ruine of the Kingdom and in the blood of Us and all Our good Subjects When they had forced Us after the neglect of Our Message from Beverly by raising a great Army and incensing Our Subjects against Us to erect Our Royal Standard that Our Subjects might be informed of Our Danger and repair to our Succour though We had no great reason to believe any Message of Ours would receive a very good entertainment if those Men might prevail who had brought all these Miseries upon the Kingdom to satisfy their own private ends yet observing the miserable Accidents which already befell Our good Subjects by the Souldiers under their command and well knowing that greater would ensue if timely prevention were not applyed and finding that the Malice and Cunning of these Men had infused into Our People a Rumor that We had rejected all Propositions and offers of Treaty and desired to ingage Our Subjects in a Civil War which Our Soul abhors We prevailed with Our Self for a full expression of Our desire to prevent the effusion of Blood to send a gracious Message to both Our Houses of Parliament on the 25 of August in these words WE have with unspeakable grief of heart long beheld the Distractions of this Our Kingdom Our very Soul is full of anguish until We may find some remedy to prevent the Miseries which are ready to overwhelm this whole Nation by a Civil War And though all Our endeavours tending to the Composing of those unhappy Differences betwixt Vs and Our two Houses of Parliament though pursued by Vs with all zeal and sincerity have been hitherto without that Success We hoped for yet such is Our constant and earnest care to preserve the publick Peace that We shall not be discouraged from using any Expedient which by the blessing of the God of Mercy may lay a firm foundation of Peace and Happiness to all Our good Subjects To this end observing that many mistakes have arisen by the Messages Petitions and Answers betwixt Vs and Our two Houses of Parliament which haply may be prevented by some other way of Treaty wherein the matters in difference may be more clearly understood and more freely transacted We have thought fit to propound to you That some fit persons may be by you inabled to treat with the like number to be authorized by Vs in such a manner and with such freedom of debate as may best tend to that happy Conclusion which all good Men desire The peace of the Kingdom Wherein as We promise in the Word of a King all safety and encouragement to such as shall be sent to Vs if you shall chuse the place where We are for the Treaty which We wholly leave to you presuming of your like care of the safety of those We shall imploy if you shall name another place so We assure you and all Our good Subjects that to the best of Our understanding nothing shall be therein wanting on Our parts which may advance the True Protestant Religion oppose Popery and Superstition secure the Law of the Land upon which is built as well Our just Prerogative as the Propriety and Liberty of the Subject confirm all just Power and Priviledges of Parliament and render Vs and Our People truly happy by a good understanding betwixt Vs and Our two Houses of Parliament Bring with you as firm Resolutions to do your Duty and let all Our good People joyn with Vs in Our Prayers to Almighty God for his Blessing upon this Work If this Proposition shall be rejected by you We have done Our Duty so amply that God will absolve Vs from the Guilt of any of that Blood which must be spilt and what opinion soever other Men may have of Our Power we assure you nothing but Our Christian and Pious care to prevent the effusion of blood hath begot this Motion Our Provision of Men Arms and Mony being such as may secure Vs from farther Violence till it shall please God to open the eyes of Our People Our Messengers were not suffered to sit in the Houses and one of them the Earl of Southampton against whom there was not the least colour of Exception or so much as a Vote not suffered to deliver Our Message but compelled to send it by the Gentleman Usher and then commanded to depart the Town before they would prepare any Answer which they shortly sent Us in these words May it please Your Majesty THe Lords and Commons in Parliament assembled having received Your Majesty's Message of the 25. of August do with much grief resent the dangerous and distracted state of this Kingdom which we have by all means endeavoured to prevent both by our several Advices and Petitions to Your Majesty which have been not only without success but there hath followed that which no ill Counsel in former times hath produced or any Age hath seen namely those several Proclamations and Declarations against both the Houses of Parliament whereby
their Actions are declared Treasonable and their Persons Traitors and thereupon Your Majesty hath set up Your Standard against them whereby You have put the two Houses of Parliament and in them this whole Kingdom out of Your Protection so that until Your Majesty shall recall those Proclamations and Declarations whereby the Earl of Essex and both Houses of Parliament and their Adherents and Assistants and such as have obeyed and executed their Commands and Directions according to their Duties are declared Traitors or otherwise Delinquents and untill the Standard set up in pursuance of the said Proclamations be taken down Your Majesty hath put us into such a condition that whilest we so remain we cannot by the fundamental Priviledges of Parliament the publick Trust reposed in us or with the general good and safety of this Kingdom give Your Majesty any other Answer to this Message Joh. Brown Cler. Parliament H. Elsinge Cler. Parl. D. Com. This strange Answer might well have discouraged Us from any thought of proceeding further this way and informed Us sufficiently what spirit still governed amongst those few who continued still in both Houses otherwise after so many bitter and invective Messages and Declarations sent to Us and published against Us We should not have been reproached with Our Proclamations and Declarations set forth by Us as the effect of such evil Counsel as was unparallel'd by any former Examples We believe indeed such Proclamations and Declarations have never been before set forth but were former times ever acquainted with such intolerable Provocations Were there ever before these twelve months Declarations published in the name of eitheir or both Houses of Parliament to make their King odious to the People Have either or both Houses ever before assumed or pretended to a Power to raise Armes or levy War in any Cause or can both Houses together exercise such a Power Are those Actions which the Law hath defined literally and expresly to be Treasonable or such Persons to be Traitors not so because they are done by Members of either House or their appointment And must not We declare such who March with Arms and Force to destroy Us to be Traitors because the Earl of Essex is their General Those whom We have or do accuse We have named together with their Crimes notorious by the known Law of the Land a favour not granted to Our Evil Counsellors and appeal to that known Law to judge between Us And now that by this We should have put the whole Kingdom out of Our Protection in whose behalf We do all that We have done is a corrupt Gloss upon such a Text as cannot be perverted but by the cunning practices of such who wish not well to King or People Yet that no weak persons might be misled by that Imputation upon Us we sent a Reply to that Answer in these words WE will not repeat what means We have used to prevent the dangerous and distracted estate of the Kingdom nor how those means have been interpreted because being desirous to avoid effusion of blood We are willing to decline all memory of former bitterness that might make Our offer of a Treaty less readily accepted We never did declare nor ever intended to declare both Our Houses of Parliament Traitors or set up Our Standard against them and much less to put them and this Kingdom out of Our Protection We utterly profess against it before God and the World And further to remove all possible Scruples which may hinder the Treaty so much desired by Vs We hereby promise so that a day be appointed by you for the revoking of your Declarations against all Persons as Traitors or otherways for assisting of Vs We shall with all chearfulness upon the same day recall Our Proclamations and Declarations and take down Our Standard In which Treaty We shall be read to grant any thing that shall be really for the good of Our Subjects Conjuring you to consider the bleeding condition of Ireland and the dangerous condition of England in as high a degree as by these Our Offers We have declared Our Self to do and assuring you that Our chief desire in this World is to beget a good understanding and mutual confidence betwixt Vs and Our two Houses of Parliament This Message produced an Answer little differing from the former like Men who had no other measure of the justice of their Cause than their Power to oppress Us forgetting their own Duties they sharply inform Us of Ours in these words May it please Your Majesty IF we the Lords and Commons in Parliament assembled should repeat all the ways we have taken the endeavours we have used and the expressions we have made unto Your Majesty to prevent those Distractions and Dangers Your Majesty speaks of likely to fall upon this Kingdom we should too much enlarge this Reply Therefore as we humbly so shall we only let your Majesty know that we cannot recede from our former Answer for the reasons therein expressed for that Your Majesty hath not taken down Your Standard recalled Your Proclamations and Declarations whereby You have declared the Actions of both Houses of Parliament to be Treasonable and their Persons Traitors And You have published the same since Your Message of the 25th of August by Your late Instructions sent to Your Commissioners of Array Which Standard being taking down and the Declarations Proclamations and Instructions recalled if Your Majesty shall then upon this our humble Petition leaving Your Forces return unto Your Parliament and receive their faithful Advice Your Majesty will find such expressions of our Fidelities and Duties as shall assure You that Your Safety Honour and Greatness can only be found in the affections of Your People and the sincere Counsels of Your Parliament whose constant and undiscouraged Endeavours and Consultations have passed through Difficulties unheard-of only to secure Your Kingdoms from the violent Mischiefs and Dangers now ready to fall upon them and every part of them who deserve better of Your Majesty and can never allow themselves representing likewise Your whole Kingdom to be balanced with those Persons whose desperate Dispositions and Counsels prevail still so to interrupt all our endeavours for the relieving of bleeding Ireland as we may fear our labours and vast expences will be fruitless to that distressed Kingdom As Your Presence is thus humbly desired by us so is it in our hopes Your Majesty will in your reason believe there is no other way than this to make Your Self happy and Your Kingdom safe John Brown Cler. Parliament Without any bitterness or reprehension of their neglect of Us and the publick Peace to express Our deep sense of the Calamities at hand We yet once more hoping to awake them to a Christian tenderness towards the whole Kingdom sent to them in these words WHo have taken most ways used most endeavours and made most real expressions to prevent the present Distractions and Dangers let all the World
judge as well by former Passages as by Our two last Messages which have been so fruitless that though We have descended to desire and press it not so much as a Treaty can be obtained unless We would denude Our Self of all force to defend Vs from a visible strength marching against Vs and admit those Persons as Traitors to Vs who according to their Duty their Oaths of Allegiance and the Law have appeared in defence of Vs their King and Liege Lord whom We are bound in Conscience and Honour to preserve though We disclaimed all our Proclamations and Declarations and the erecting of Our Standard as against Our Parliament All We have now left in Our Power is to express the deep sense We have of the publick Misery of this Kingdom in which is involved that of Our distressed Protestants of Ireland and to apply Our Self to Our necessary Defence wherein We wholly rely upon the Providence of God the Justice of Our Cause and the Affection of Our good People so far We are from putting them out of Our Protection When you shall desire a Treaty of Vs We shall piously remember whose blood is to be spilt in this Quarrel and chearfully embrace it And as no other Reason induced Vs to leave Our City of London but that with Honour and Safety We could not stay there nor raise any Force but for the necessary defence of Our Person and the Law against Levies in opposition to both so We shall suddenly and most willingly return to the one and disband the other as soon as those causes shall be removed The God of Heaven direct you and in mercy divert those Judgments which hang over this Nation and so deal with Vs and Our Posterity as We desire the Preservation and Advancement of the true Protestant Religion the Laws and the Liberty of the Subject the just Rights of Parliament and the Peace of the Kingdom But as if all these gracious Messages had been the effects only of Our Weakness and instances of Our want of Power to resist that torrent they deal at last more plainly with Us and after many sharp causeless and unjust Reproaches they tell Us in plain English that without putting Our Self absolutely into their hands and deserting all Our own Force and the Protection of all those who have faithfully appeared for Us according to their Duty there would be no means of a Treaty although Our extraordinary desire of Peace had prevailed with Us to offer to recall Our most just Declarations and to take down Our Standard set up for Our necessary defence so their unjustifiable Declarations might be likewise recalled Their Answer follows in these words WE the Lords and Commons in Parliament assembled do present this our humble Answer to Your Majesty's Message of the 11th of this instant Month of September When we consider the Oppressions Rapines Firing of Houses Murthers even at this time whilst Your Majesty propounds a Treaty committed upon Your good Subjects by Your Soldiers in the presence and by the Authority of their Commanders being of the number of those whom Your Majesty holds Your self bound in Honour and Conscience to protect as Persons doing their Duties We cannot think Your Majesty hath done all that in You lies to prevent or remove the present Distractions nor so long as Your Majesty will admit no Peace without securing the Authors and Instruments of these Mischiefs from the Justice of the Parliament which yet shall be ever dispens'd with all requisite Moderation and distinction of Offences although some of those Persons be such in whose Preservation Your Kingdom cannot be safe nor the unquestionable Rights and Priviledges of Parliament be maintain'd without which the Power and Dignity thereof will fall into contempt We beseech Your Majesty therefore to consider Your Expressions That God should deal with You and Your Posterity as Your Majesty desires the Preservation of the just Rights of Parliament which being undeniable in the Trying of such as we have declared to be Delinquents we shall believe Your Majesty both towards Your self and Parliament will not in this Priviledge we are most sensible of deny us that which belongs unto the meanest Court of Justice in this Kingdom Neither hath Your Majesty cause to complain that You are denied a Treaty when we offer all that a Treaty can produce or Your Majesty expect Security Honour Service Obedience Support and all other effects of an Humble Loyal and Faithful Subjection and seek nothing but that our Religion Liberty Peace of the Kingdom Safety of the Parliament may be secured from the open Violence and cunning Practices of a wicked party who have long plotted our ruin and destruction And if there were any Cause of Treaty we know no competent Persons to Treat betwixt the King and Parliament and if both Cause and Persons were such as to invite Treaty the Season is altogether unfit whilst Your Majesty's Standard is up and Your Proclamations and Declarations unrecalled whereby Your Parliament is charged with Treason If Your Majesty shall persist to make Your self a shield and defence to those Instruments and shall continue to reject our faithful and necessary Advice for securing and maintaining Religion and Liberty with the Peace of the Kingdom and Safety of the Parliament we doubt not but to indifferent judgments it will easily appear who is most tender of that Innocent Blood which is like to be spilt in this Cause Your Majesty who by such persisting doth endanger Your self and Your Kingdoms or we who are willing to hazard our selves to preserve both We humbly beseech Your Majesty to consider how impossible it is that any Protestation though published in Your Majesty's name of Your tenderness of the Miseries of Your Protestant Subjects in Ireland of Your Resolution to maintain the Protestant Religion and Laws of this Kingdom can give satisfaction to reasonable and indifferent men when at the same time divers of the Irish Traitors and Rebels the known Favourers of them and Agents for them are admitted to Your Majesty's presence with Grace and Favour and some of them imployed in Your service when the Cloaths Munition Horses and other Necessaries bought by your Parliament and sent for the supply of the Army against the Rebels there are violently taken away some by Your Majesty's Command others by Your Ministers and applied to the maintenance of an unnatural War against Your People here All this notwithstanding as we never gave Your Majesty any just cause of withdrawing Your self from Your great Council so it hath ever been and shall ever be far from us to give any impediment to Your Return or to neglect any proper means of curing the Distempers of the Kingdom and closing the dangerous Breaches betwixt Your Majesty and Your Parliament according to the great Trust which lies upon us and if Your Majesty shall now be pleased to come back to Your Parliament without Your Forces we shall be ready to secure Your Royal Person
Advancement of God's Service For the Second of Our Intention to make War upon Our Parliament and so to root out Parliaments the Scandal is so senseless when Our Accusation of a few particular Persons for particular Crimes notoriously committed adjudged by the known Laws of the Land to be Treason is evident that no Man can be moved with it who doth not believe a dozen or twenty Factious Seditious Persons to be the High Court of Parliament which consists of KING Lords and Commons And for the Privileges of it whoever doth not believe that to raise an Army to murther and depose the King to alter the whole frame of Government and established Laws of the Land by extemporary extravagant Votes and Resolutions of either or both Houses to force and compel the Members to submit to the Faction and Treason of a few and to take away the Liberty and Freedom of consultation from them be the Privileges of Parliament must confess that the Army now raised by Us is no less for the Vindication and Preservation of Parliaments than for Our own necessary Defence We have often said and We still say that We believe many Inconveniences have grown upon this Kingdom by the too long intermission of Parliaments that Parliaments are the only necessary sovereign Remedies of the growing Mischiefs which Time and Accidents have and will always beget in this Kingdom that without Parliaments the Happiness cannot be lasting to King or People We have prepared for the frequent assembling of Parliaments and will be always as careful of their just Privileges as of Our Life Honour or Interest But that those Privileges should extend so far as hath been lately declared that it should not be lawful for Us to apprehend the Lord Saint-John Captain Wingate or Captain Walton when they came to destroy Us because they were Members of Parliament without the consent of that House of which they were Members is so ridiculous that there need no more to be said in this Argument than the giving these instances In a word as whoever knows in what Danger Our Person was on Sunday the 23. of October can never believe that the Army which gave Us Battel was raised for Our Defence and Preservation so when they consider how much the Liberty of the Subject is invaded by their Rapine and Imprisoning and that four parts at the least of five of the Members of both Houses are by Violence driven from being present in that Council that the Book of Common-Prayer is rejected and no countenance given but to Anabaptists and Brownists they will easily find the pretences of care of the Protestant Religion the Liberty of the Subject and of the Privilege of Parliament to be as vain and pretended as those which refer to the Safety of Our Person and preservation of Our Posterity We cannot omit the great pains and endeavours these great pretenders to Peace and Charity have taken to raise an implacable Malice and Hatred between the Gentry and Commonalty of the Kingdom by rendring all Persons of Honour Courage and Reputation odious to the Common People under the style of Cavaliers insomuch as the High-ways and Villages have not been safe for Gentlemen to pass through without Violence or Affronts and by infusing into them that there was an intention by the Commission of Array to take away a part of their Estates from them a Scandal so senseless and impossible that the Contrivers of it well know that they might with equal Ingenuity have charged Us with a purpose of introducing Turcisme or Judaisme amongst them and We hope when Our good Subjects have well weighed the continual Practices of these Men to reject all offers of Treaty and to suppress Truth and to mislead them by bold and monstrous Falsehoods they will not think such arts and ways to lead to Peace and Unity And We desire Our good Subjects of all Conditions to believe that We hold Our Self bound no less to defend and protect the meanest of Our People who are born equally free and to whom the Law of the Land is an equal Inheritance than the greatest Subject and that as the Wealth and Strength of this Kingdom consists in the Number and Happiness of Our People which is made up of Men of all Conditions so We shall to the utmost of Our Power endeavour without distinction to give every one of them that Justice and Protection which is due to them and We do exhort them all to that charitable and brotherly Affection one towards another that they may be reconciled in a just Duty and Loyalty to Us which may enable Us for that Protection To conclude We would have all the World know that We shall never forget the Protestations and Vows We have made to Almighty God in Our several Declarations and Messages to both Our Houses of Parliament And We are too much a Christian to believe that We can break those Promises and avoid the Justice of Heaven CHARLES R. Our express pleasure is That this Our Declaration be published in all Churches and Chappels within the Kingdom of England and Dominion of Wales by the Parsons Vicars or Curates of the same DECLARATIONS and PAPERS Concerning the TREATY of PEACE AT OXFORD MDCXLII III. MDCXLII Novemb. His MAJESTY's Declaration to all His loving Subjects of His true Intentions in advancing lately to Brainceford THough Our Reputation be most dear to Us and especially in those cases wherein the truth of Our most solemn Professions and by consequence of Our Christianity is questioned yet it is not only for the Vindication of that and to clear Our self from such Aspersions but withal to preserve Our Subjects in their just Esteem of and Duty to Us and from being engaged into Crimes and Dangers by those malicious Reports so spightfully framed and cunningly spread against Us concerning Our late advancing to Brainceford that We have resolved to publish this Our following Declaration AT Colebrook on Friday the 11. of November We received a Petition from both Our Houses of Parliament by the Earl of Northumberland the Earl of Pembroke and Montgomery the Lord Wenman Master Pierrepont and Sir John Hippesly And indeed We were well pleased to see it so much liker a Petition than the other Papers We had often of late received under that name and return'd to it the next day so gracious an Answer that We assure Our selves could not but be very satisfactory to all that were truly lovers of Peace The Copies of both do here follow To the KING 's most Excellent MAJESTY The humble Petition of the Lords and Commons now assembled in Parliament WE Your Majesty's most loyal Subjects the Lords and Commons in Parliament assembled being affected with a deep and piercing sense of the Miseries of this Kingdom and of the Dangers to Your Majesty's Person as the present Affairs now stand and much quickned therein with the sad consideration of the great effusion of Blood at the late Battel and of the loss of so
Majesty's Forces shall take no new Quarters above twelve miles from Oxford any way and that the Parliament-Forces shall take no new Quarters above twelve miles from Windsor any way IV. That no Siege shall be begun or continued against Glocester and that His Majesty's Forces now employed in the Siege shall return to Cirencester and Malmsbury or to Oxford as shall be most for their conveniency and the Parliament-Forces which are in Glocestershire shall remain in the Cities of Glocester Bristol and the Castle and Town of Berkly or retire nearer to Windsor as they shall see cause and that those of Wales which are drawn to Glocester shall return into their Quarters where they were before they drew down to Glocestershire V. That in case it be pretended on either side that the Cessation is violated no Act of Hostility is immediately to follow but first the party complaining is to acquaint the Lord General on the other side and to allow three days after notice given for satisfaction and in case satisfaction be not given or accepted then five days notice to be given before Hostility begin And the like to be observed in the remoter Armies by the Commanders in chief VI. Lastly that all other Forces in the Kingdom of England and Dominion of Wales and not before mentioned shall remain in the same Quarters and places as they are at the time of the publishing of this Cessation and under the same conditions as are mentioned in the Articles before and that this Cessation shall not extend to restrain the setting forth or employing of any Ships for the defence of His Majesty's Dominions All which they humbly desire His Majesty will be pleased to ratifie and confirm and that this Cessation may begin upon the fourth of March next or sooner if it may be and continue until the five and twentieth of the same month and in the mean time to be published to the Commanders Officers and Soldiers and all other His Majesty's loving Subjects on either side and that the Treaty intended may commence upon the fourth of March next or sooner if it may be and the continuance thereof not to exceed twenty days Hen. Elsinge Cler. Parl. D. Com. His MAJESTY's Message to both His Houses of Parliament in Answer to the Articles of Cessation received at a Conference Martii 6. 1642. HIS Majesty hoped the Treaty would have been begun and the Cessation agreed on long since and that much might in this time have been concluded in order to the Peace and Happiness of the Kingdom but since in almost a month for His Majesty's Propositions were made on the third of February and He heard not since from both Houses till the first of March no consent hath been yielded to it He conceives the Cessation cannot begin so soon as the fourth of this month by which time though His Majesty uses no delay in making His Answer the same can hardly be returned to them and many of the Articles now presented to Him from both Houses concerning the Cessation are so strict that such of His good Subjects who are not of His Army and for whom generally He shall always have a principal just and compassionate regard receive not any benefit or are restored to any liberty thereby which His Majesty shall ever insist upon when in matters meerly concerning Himself He may descend to easier Conditions and which He hath returned with such Alterations as He doubts not both Houses will consent to and do sufficiently manifest how sollicitous His Majesty is for the good of His People and how desirous He is that in this unnatural contention no more blood of His Subjects may be spilt upon which He looks with much grief compassion and tenderness of heart even of those who have lifted up their hands against Him and His Majesty therefore desires against which He can imagine no objection can be made that the Cessation may begin upon the twelfth of this month or sooner if the Conditions of the Cessation shall be sooner agreed on and is willing the same shall continue for twenty days in which time He hopes by the Treaty and a clear understanding of each other a full Peace and Happiness may be established throughout the Kingdom And during that time His Majesty is willing that neither side shall be bound or limited by this Cessation in any other wise or to any other purpose than is hereafter expressed I. That all manner of Arms Ammunition Mony Bullion and Victuals passing for the use of either Army without a Pass or safe Conduct from the Generals of each Army may be staied and seized on as if no Cessation were agreed on at all II. That all Officers and Soldiers of either Army passing without such licence or safe Conduct as aforesaid may be apprehended and detained as if no such Cessation were agreed on at all and that all manner of persons His Majesty's Subjects of what quality or condition soever except Officers and Soldiers of either Army shall pass to and from the Cities of Oxford and London and back again at their pleasures during this Cessation as likewise to and from any other parts of His Majesty's Dominions without any search stay or imprisonment of their persons or seisure and detention of their goods or estates and that all manner of Trade Traffick and Commerce be free and open between all His Majesty's Subjects excepting as aforesaid between the Officers and Soldiers of either Army or for Arms Ammunition Mony Bullion or Victuals for the use of either Army without a pass or safe Conduct as aforesaid which may be a good beginning to renew the Trade and Correspondence of the Kingdom and whereby His good Subjects may be restored to that liberty and freedom they were born to and have so happily enjoyed till these miserable Distractions and which even during this War His Majesty hath to His utmost laboured to preserve opening the way by most strict Proclamations to the passage of all Commodities even to the City of London it self III. That His Majesty's Forces in Oxfordshire shall advance no nearer to Windsor than Wheatly and in Buckinghamshire no nearer to Ailesbury than Brill and that in Berkshire the Forces respectively shall not advance nearer the one to the other than they shall be at the day to be agreed upon for the Cessation to begin and that the Forces of the other Army in Oxfordshire shall advance no nearer to Oxford than Henly and those in Buckinghamshire no nearer to Oxford than Ailesbury and that the Forces of neither Army shall advance their Quarters nearer to each other than they shall be upon the day agreed on for the Cessation to begin otherwise than in passage and communication between their several Quarters respectively without any acts of Hostility each to other but may inlarge themselves within their own Quarters respectively as they shall find convenient IV. That the Forces of either Army in Glocestershire Wiltshire and Wales as likewise in the Cities
of Glocester Bristol and the Castle and Town of Berkley shall be guided by the Rule exprest in the later part of the precedent Article V. That in case it be pretended on either side that the Cessation is violated no act of Hostility is immediately to follow but first the party complaining is to acquaint the Lord General on the other side and to allow three days after notice given for satisfaction and in case satisfaction be not given or accepted then five days notice to be given before Hostility begin and the like to be observed in the remoter Armies by the Commanders in chief VI. That all other Forces in the Kingdom of England and Dominion of Wales not before-mentioned shall remain in the same Quarters and places as they are at the time of publishing this Cessation otherwise than in passage and communication between their several Quarters as is mentioned in the latter part of the third Article and that this Cessation shall not extend to restrain the setting forth or imploying any Ships for the defence of His Majesty's Dominions provided that His Majesty be first acquainted with the particulars and that such Ships as shall be set forth be commanded by such persons as His Majesty shall approve of VII Lastly that during the Cessation none of His Majesty's Subjects be imprisoned otherwise than according to the known Laws of the Land and that there shall be no plundring or violence offered to any of His Subjects And His Majesty is very willing if there be any Scruples made concerning these Propositions and Circumstances of the Cessation that the Committee for the Treaty nevertheless may immediately come hither and so all matters concerning the Cessation may be here settled by them H. Elsinge Cler. Parl. D. Com. Mis MAJESTY's Answer to the Articles of Cessation sent to His Majesty HIS Majesty hath sent a safe Conduct for the Earl of Northumberland Mr. Pierrepont Sir William Armyne Sir John Holland and Mr. Whitelocke but hath not admitted the Lord Say to attend Him as being excepted against by name in His Proclamation at Oxford of the third of November and by Writ to the Sheriff proclaimed then in that County in which His Majesty's Intention is declared to proceed against him as a person guilty of High-Treason and so falling to be within the case of Sir John Evelin who upon the same Exception was not admitted to attend His Majesty with the rest of the Committee at Colebrook in November last But His Majesty doth signifie that in case the House shall think fit to send any other person in the place of the Lord Say that is not included in the like Exception His Majesty hath commanded all His Officers Soldiers and other Subjects to suffer Him as freely to pass and repass as if His Name had been particularly comprised in this safe Conduct His Majesty is content that His Proposition concerning the Magazines Forts Ships and Revenue and the Proposition of both Houses for the disbanding of the Armies shall be first Treated of and agreed of before the proceeding to treat upon any of the other Propositions and that after the second of His Majesty's and the second of theirs be treated on and agreed of and so on in the same order and that from the beginning of the Treaty the time may not exceed Twenty days in which He hopes a full Peace and right understanding may be established throughout the Kingdom H. Elsinge Cler. Parl. D. Com. The last Articles of Cessation now sent to His MAJESTY THE Lords and Commons in Parliament being still carried on with a vehement desire of Peace that so the Kingdom may speedily be freed from the Desolation and Destruction wherewith it is like to be overwhelmed if the War should continue have with as much expedition as they could considered of the Articles of Cessation with those Alterations and Additions offered by His Majesty unto which they are ready to agree in such manner as is exprest in these ensuing Articles viz. I. That all manner of Arms Ammunition Victual Mony Bullion and all other Commodities passing without a safe Conduct from the Generals of both Armies as well of His Majesty 's as of the Armies raised by the Parliament may be stayed and seized on as if no such Cessation were agreed on at all II. That all manner of persons passing without such a safe Conduct as is mentioned in the Articles next going before shall be apprehended and detained as if no such Cessation were agreed on at all III. That His Majesty's Forces in Oxfordshire shall advance no nearer to Windsor than Wheatly and in Buckinghamshire no nearer to Ailesbury than Brill and that in Berkshire the Forces respectively shall not advance nearer the one to the other than they shall be at the day to be agreed on for the Cessation to begin and that the Forces of the other Army raised by the Parliament shall advance no nearer to Oxford than Henley and those in Buckinghamshire no nearer to Oxon than Ailesbury and that the Forces of neither Army shall advance their Quarters nearer to each other than they shall be upon the day agreed on for the Cessation to begin IV. That the Forces of either Army in Gloucestershire Wilts and Wales as likewise in the Cities of Gloucester and Bristol and the Castle and Town of Berkly shall be guided by the Rule exprest in the latter part of the precedent Article V. That in case it be pretended on either side that the Cessation is violated no act of Hostility is immediately to follow but first the party complaining is to acquaint the Lord General on the other side and to allow three days after notice given for satisfaction and in case satisfaction be not given or accepted then five days notice to be given before Hostility begin and the like to be observed in the remoter Armies by the Commanders in chief VI. That all other Forces in the Kingdom of England and Dominion of Wales not before mentioned shall remain in the same Quarters and places as they are at the time of the publishing of this Cessation and under the same Conditions as are mentioned in the Articles before and that this Cessation shall not extend to restrain the setting forth or employing of any Ships for the defence of His Majesty's Dominions VII That as soon as His Majesty shall be pleased to disband the Armies which both Houses earnestly desire may be speedily effected and to disarme the Papists according to Law the Subjects may then enjoy the benefit of Peace in the liberty of their Persons Goods and Freedom of Trade in the mean time the Generals and Commanders of the Armies of both sides shall be enjoyned to keep the Souldiers from plundering which the two Houses of Parliament have ever disliked and forbidden And for the speedy settling of this so-much-desired Peace they have thought good to send their Committees with Instructions that if His Majesty be pleased to consent to a
is intended may be so exprest and understood that no mistakes may arise so that His Majesty may not be understood to consent to any imposing upon levying distraining or imprisoning His good Subjects to force them to contribute or assist against Him which He shall always continue to inhibit requiring all men to resist those Illegal acts of Injustice and Violence against which He doth absolutely protest and so that there may not be a liberty for any Rapine Plundering or seizing upon His Subjects by any of the Soldiers of that Army for not submitting to such Illegal Impositions as aforesaid For otherwise they may during this Cessation besides what is already imposed impose new Taxes not only to the Nineteenth part but if they please for their pleasure is all their bound to the half of or all their Estates upon His good Subjects in His City of London and all Counties within their reach and their Army would then be at leisure to be employed as Collectors as well of the old Impositions which in most places without their Army they cannot levy as of any such new one and vast summs would and might by this means be raised to the destruction of His Subjects extraordinary advantage to them and great disadvantage to His Majesty who can neither obtain His own Consent to take the like courses nor in case He could is He so quartered as to have within the power of His Army without breach of the Cessation by drawing nearer to their Forces any such City or so many so rich and so fresh Counties as they have to retire into to that purpose So that as nothing is more just in it self and for His People than such a limitation so nothing can be more unequal to His Majesty or more advantagious to them than the admission of or connivance to any such practices upon His People This Cessation to begin on the 9. of April and to continue to the end of 20. days from the 25. of March. And His Majesty desires that the Treaty may proceed upon the Propositions in order upon which His Majesty hath an earnest desire that a firm and stable Peace may be agreed on and both Armies speedily disbanded otherwise if during this Cessation in the Articles of which His Majesty in order to Peace hath yielded to things manifestly unreasonable and prejudicial to His Army the Treaty be not dispatched His Majesty cannot without manifest ruine to His Army principally that of the North be able to contain Himself beyond this time now limited for the Cessation in the Quarters in which He hath so long been and now is and which will hardly be able to hold out so long but must be forced to remove as He shall find agreeable for His Occasions And in case any delay be made in consenting to these His Majesty's limitations or that the Houses shall reject this His offer of Cessation His Majesty as He hath lately desired by a Proposition to both Houses delivered to their Committee to which He hath yet received no Answer so He doth earnestly continue to desire that the Treaty it self may not be delayed or interrupted by it but that their Committee may be enabled to proceed upon it in the mean while Jo. Brown Cler. Parliamentorum Copia vera Addition of four days longer to Treat April 4. 1643. WE humbly acquaint Your Majesty that we received this morning the resolution of both Houses of Parliament whereby farther time is given to us to Treat upon the two first Propositions viz. the first Proposition of Your Majesty and the first Proposition of both Houses and that the time prescribed for the Treaty upon the two first Propositions shall be until Friday night Northumberland John Holland B. Whitelocke Will. Pierrepont Will. Armyne A Letter from both Houses received April 8. 1643. WE are commanded to send these inclosed Instructions to you from both Houses of Parliament by which the resolutions of the Houses will appear unto you This is all we have in command and rest Westminster the 7. of April 1643. Your humble Servants Manchester Speaker pro tempore William Lenthall Speaker of the Commons House Instructions concerning the Cessation received April 8. 1643. A farther Addition of Instructions agreed upon by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Pierrepont Esq Sir William Armyne Baronet Sir John Holland Baronet and Bulstrode Whitelocke Esquire Committees of both Houses of Parliament attending His Majesty at Oxon. YOU are hereby to take notice That the two Houses have considered His Majesty's Answer to their Reasons concerning the Cessation wherein there are divers expressions which reflect much upon the Honour and Justice of the Houses and might occasion particular Replies yet at this time they desire to decline all Contestation their wishes and endeavours being earnestly bent upon the obtaining a speedy Peace For which cause they do not think good to consume any more of that time allowed for the Treaty in any farther debates upon the Cessation concerning which they find His Majesty's expressions so doubtful that it cannot be suddenly or easily resolved and the remainder of the time for the whole Treaty being but seven days if the Cessation were presently agreed it would not yield any considerable advantage to the Kingdom Wherefore you shall desire His Majesty that He will be pleased to give a speedy and positive Answer to their first Proposition concerning the Disbanding that so the People may not have only a Shadow of Peace in a short time of Cessation but the Substance of it in such manner as may be a perpetual Blessing to them by freeing the Kingdom from those miserable effects of War the effusion of English blood and Desolation of many parts of the Land For the obtaining of which Happiness the Lords and Commons have resolved to enlarge your Power That if you shall not have fully agreed upon the two first Propositions before Friday night you may notwithstanding any former restraint proceed to treat upon them according to the Instructions formerly given you although the Articles of the Cessation are not agreed upon And those two first Propositions being concluded the two Houses will thereupon give you further Instructions to proceed to the other Propositions that so the whole Treaty may be determined within the twenty days formerly limited to be reckoned from the 25 of March last which can admit no alteration or enlargement without manifold Prejudice and Danger to the whole Kingdom Joh. Brown Cler. Parliamentorum The KING's Reply touching Cessation and His desire to enable the Committee to treat upon the Propositions in the mean time and touching His coming to the Parliament C. R. IF the Committee according to His Majesty's desire had had but power to agree in the wording of Expressions in the Articles of Cessation His Majesty's which are as clear as the matter would bear and as He could make them had not appeared so doubtful to any but that the Cessation
H. 3. 189. e. 3. 42. 17. 25. 27. 39. 21. 66. a. 1. 45. 31. 7. 4. 32. 18. 47. 46. 9. 3. d. 4. g. 4. 46. 35. 67. 48. 7. 40. 5. 43. 74. 3. 41. 7. 33. 62. 8. 63. 68. 50. 64. 34. 9. 51. 45. 69. 46 37. dear 45. 31. 7. 1. 33. 18. 49. 47. 19. 21. 10. 70. 13. 7. 45. 58. 8. 9. 41. 10. this a 2. 324. in the mean time 46. 31. 7. 50. e. 3. 20. 3. 6. 8. 48. 75. 41. 9. 2. upon 60. 19. 50. 61. 27. 26. 7. 69. 12. 19. 47. 45. 8. 24. Yesterday there were Articles of a Cessation brought Me from London but so unreasonable that I cannot grant them yet to undeceive the people by shewing it is not I but those who have caused and fostered this Rebellion that desire the continuance of this War and universal Distraction I am framing Articles fit for that purpose both which by My next I mean to send Thee 219. b. 3. 58. 51. 75. 46. 7. 3. 45. 37. 2. 189. 46. 38. 1. g. 1. 173. 131. which I think fit to be done a 5. 4. 30. 3. n. 5. d. 3. 46. 31. 8. 10. 2. 32. 18. 64. 7. 3. 45. 31. 9. 66. 46. 32. 19. 41. 25. 48. k. 1. e. 4. 67. 69. 63. I am now confident that 173. is right for My service Since the taking of Cicester there is nothing of note done of either side wherefore that little news that is I leave to others Only this I assure Thee That the distractions of the Rebels are such that so many fine designs are laid open to us We know not which first to undertake But certainly My first and chiefest care is and shall be to secure Thee and hasten Our meeting So longing to hear from Thee I rest eternally Thine C. R. Oxford 12 2 March 1643-42 The Last I received of Thine was dated the 16 3 Febr. and I believe none of My four last are come to Thee Their Dates are 13 3. 23 13. 25 15. Febr. and 20 Febr. or March the 2. MDCXLIII A Declaration of the Lords and Commons assembled in Parliament upon the Proceedings in the late Treaty and the aforesaid Letters THE Lords and Commons assembled in Parliament being deeply afflicted with a sorrowful sense of the miserable Distractions of this Kingdom overwhelmed with the Calamities of the worst kind of War have by several Petitions and many humble Addresses to His Majesty besought Him by removing the Causes thereof to put an end thereunto And although all their endeavours have not only proved fruitless but some of their Petitions received a denial even of Audience a favour not denied to the Rebels of Ireland which might very well justify them before God and Man to decline any further prosecution that way especially in a case where themselves and the Kingdom are the parties injured and oppressed yet their bowels did so much yearn after a happy Peace that they resolved notwithstanding their former discouragements to break through all difficulties and yet once more most humbly to represent to His Majesty the Miserable Distempers of His two Kingdoms of England and Ireland and if possibly they could to encline His Royal heart really to act what He hath so often verbally professed To compose those unhappy Distractions and restore His People to a blessed and lasting Peace And for that purpose about the first of February last they in all humbleness presented their Desires to His Majesty digested into Fourteen Propositions and how reasonable and indifferent those Propositions were they expose them to the view of the World to judge resting assured that no indifferent Man that shall duely weigh them with the time and circumstance will find any thing contained in them but what was necessary for the maintenance and advancement of the true Protestant Religion the due execution of Justice the preservation of the Liberty and Property of the Subject and the establishment of the Kingdoms Peace and Safety And because they might with all speed take off the Burthen under which this Kingdom did principally groan and stop the spring from whence most of these Calamities did flow they in the first place propounded That the Armies and Forces raised on both sides might be disbanded which being effected the Kingdom might with the more ease and security expect the issue of the Treaty and therefore they were very careful that no Proposition or Circumstance touching the Treaty should precede this His Majesty having received and considered these Propositions He not long after returned His Answer wherein He professeth to have given up all the faculties of His Soul to an earnest endeavour of a Peace and Reconciliation with His People and desires a speedy time and place might be agreed upon for the meeting of such persons as His Majesty and both Houses should appoint to discuss those Propositions and six other Propositions made by His Majesty and sent with that Answer whereof one was That to the intent the Treaty might not suffer interruption by any intervening accidents that a Cessation of Arms and free Trade might be first agreed upon which Answer the Lords and Commons did take into their consideration And because His Majesty did desire that a Cessation might be first agreed upon they did accordingly submit thereunto though they had purposely avoided it before being unwilling to waste the time about the Shadow that would of it self vanish with the disbanding which they desired might be concluded in the first place But they were willing to give all satisfaction to His Majesty's Desires hoping thereby to incline Him the more readily to consent to their just Requests And according to their resolution they prepared ready the Articles of Cessation and that with as much equality and indifferency to both sides as possibly they could They likewise agreed to treat upon the Propositions before the Disbanding in which Treaty so much of His Majesty's Propositions as concerned His Majesty's Revenue Magazines Forts and Ships and the Propositions of both Houses for the Disbanding should be first treated of and concluded before the proceeding to treat upon any other and that this Treaty should begin the fourth of March or sooner if it might be and that from the beginning of the Treaty the time might not exceed twenty days They further resolved that a Committee of both Houses should be appointed to attend His Majesty if His Majesty should so please to endeavour to give Him all humble and fit satisfaction concerning the said Propositions All which their resolutions they forthwith by a Messenger dispatched for that purpose presented to His Majesty and not long after sent a Committee to attend Him And though they hoped for a ready concurrence from His Majesty to the Articles of Cessation the Proposition proceeding from Himself yet they received a return much contrary to their expectation where they found many scruples raised and other Articles propounded which being assented unto by them would inevitably destroy the Forces raised by them
to judge whether their Demands were not such and so moderate as was fit and necessary for them to make and just and reasonable for His Majesty to assent unto wherein they may be pleased to consider that this was a Treaty for the disbanding of two Armies and Forces raised in opposition each to other that the Towns Forts and Ships are a great part of these Forces and of the strength of that side that possesseth them that for any one side to demand the possession and power thereof and the other side to disband their Forces and quit themselves of all their strength is in effect a total disbanding of that side and a continuing the Forces of the other which must be granted to be most unequal and therefore the Lords and Commons did think it just and honourable that the remaining strength should be put into such hands as both sides might trust Secondly That their demand to have the Forts and Castles into the hands of such persons as both Houses should confide in was a Proposition warranted by the frequent Precedents of former times whereby it appeareth that many other Parliaments have made the like and greater demands and His Majesty's Predecessors have assented thereunto Thirdly It was a Proposition which His Majesty Himself in several Declarations of His own affirmed to be reasonable and just for in His Majesty's Answer to a Petition of the House of Commons January 28. 1641. He expresseth thus For the Forts and Castles of the Kingdom His Majesty is resolved they shall be in such hands and only in such as the Parliament way safely confide in c. And in another Answer to two Petitions of the Lords and Commons delivered the second of February 1641. His Majesty useth these words That for the securing you from all Dangers or Jealousies of any His Majesty will be content to put in all the places both of Forts and Militia in the several Counties such persons as both Houses of Parliament shall either approve or recommend unto Him so that you declare before unto His Majesty the names of the persons whom you approve or recommend unless such persons shall be named against whom He shall have just and unquestionable exception Which being declared by His Majesty Himself they had no cause to suspect a Denial being confident that His Majesty did intend what He spoke and if any ill Counsel could prevail to make Him recede from His Word it must be admitted the Kingdom hath more cause to be further secured Fourthly For that to our sad experience it is well known that His Majesty's Power in this and other things is too much steered and guided by the advice of these secret and wicked Counsellors that have been the Instruments of our present Miseries and though His Majesty carrieth the Name yet they will have the disposing of those places And the Lords and Commons thought it the more reasonable and necessary to insist thereupon because that in the time when they were preparing their Propositions to His Majesty it did appear unto them by a Letter written by His Majesty to the Queen which they have caused to be herewith Printed that the great and eminent places of the Kingdom were disposed by Her Advice and Power and what Her Religion is and consequently how prevalent the Counsels of Papists and Jesuites will be with Her may be easily conjectured and it is to be observed who the Persons designed for preferment were even during the sitting of a Parliament the Lord Digby impeached in Parliament for High Treason and most if not all the rest impeached in Parliament and such as bear Arms against them Lastly admitting that these demands touching the Ships and Forts had been made even in a time of Peace and Tranquillity yet considering the attempts of Force and Violence made and practised against the Kingdom and this present Parliament as the Designs many years since to bring to this Kingdom the German Horse to compel the Subject to submit to an arbitrary Government the endeavour to bring up the late Northern Army by force and violence to awe the Parliament His Majesty's coming in person to the House of Commons accompanied with many Armed Men to demand their Members to be delivered up and the Treason of the Earl of Strafford to bring over the Irish Popish Army to conquer the Kingdom they might very well justify nay they were in duty bound in discharge of the trust reposed in them by the Commonwealth to make that demand and expect the performance thereof to the end the People might be secured from any such Violence hereafter Yet to their inexpressible sorrow they must speak it neither the Reasonableness the Moderation or Justness of the Request nor the Peace of the Kingdom which probably would ensue thereupon could be Arguments prevalent enough to induce His Majesty's Consent thereunto And His Majesty's offer of those Commanders that shall offend to leave them to Justice and Trial of the Law is an Answer more to shew His Power to protect Delinquents than satisfaction to a Parliament being the due and right of the meanest Subject and yet intituled here as a Favour done to both Houses of Parliament And though His Majesty is pleased to justifie His Denial with the Allegation That it is His Right by Law they must appeal to the judgment of all indifferent Men whether that be a satisfactory ground of refusal for admitting His Majesty's Power of disposing the Ships Forts and Castles and committing them into what hands He please to be by Law absolutely vested in His Majesty which they by no means can admit He being only trusted with them for the Defence and safety of the Kingdom as He Himself is pleased to assume yet would that be no ground or reason for the King to refuse His Consent to alter that Law when by circumstance of time and affairs that Power becomes destructive to the Commonwealth and safety of the People the preservation whereof is the chief end of the Law And though the two Houses of Parliament being the Representative Body of the Kingdom are the most competent Judges thereof yet in this Cafe they do not proceed only upon an implicite Faith but demonstrate it both by Reason and Experience That their Demand is not only necessary to secure the Kingdom from Fear and Jealousie but to preserve it even from Ruine and Destruction And surely had this Argument of being Their Right by Law been prevailing with His Majesty's Predecessors this Nation should have wanted many an Act of Parliament which now they have that was necessary for thier being and subsistence And they could heartily wish that the Laws and Statutes of the Kingdom might be The Rule of what is and what is not to be done acknowledging with His Majesty that the same is the only Rule between Him and His People the assurance of the free enjoyment whereof is their only aim but how little fruit the People hath gathered from this tree
that his Consent was as much forced from Him as these Particulars were forced from His Majesty or if they were so far out of Danger of any farther Encroachments upon their Power that He could have no cause of Fears and Jealousies in granting some of these to them nay that their advice in the Choice arose wholly from His Majesty's Desire and not their Demand then the Precedents fit not this Case and so make nothing for their purpose But now that the Perpetuity of this Parliament hath so far encouraged those who by Arts and Violence have gotten Power over it that they may probably hope to make this Power as perpetual as it and have given so sufficient Evidence what further use they would make of any Power His Majesty supposes Himself to have more reason to be cautious in that Point than any of His Predecessors who were content to share any part of this Power but for once with but a temporary Assembly especially since their several Propositions have shewed how much more they wish and M. Prinne's Books printed by Order of a Committee of the House of Commons signified by Warrant under M. White 's hand have shewed how much more they pretend to and since any Grant of His is desired by these Men but to enable them to obtain the rest of their pretences or desires what he yielded to them concerning my Lord of Essex and Sir John Conyers being Lieutenants of Yorkshire and the Tower being prest in these very Precedents as an Argument to Him why he should grant all they ask now On the other side if his Majesty should make use of their own kind of Weapon and do the same or as great things or make them the like or as great demands as their Predecessors have tacitely approved of or directly assented to when they were done or made by His as in the just Famous time of Queen Elizabeth in the Case of Stanhope and Savile or in the same time in Wentworth's Case or in the Reign of Henry the Eighth in the Power given to Him to dispose of the Kingdom by His Will and Testament and others of the like and near as high kinds He believes both Houses would think what others then did to be no Argument to perswade them either to approve or consent but would rather for ever wave all Arguments from Precedents than direct themselves by the same Rule Their third Argument is That His Majesty had formerly exprest that His Forts and Castles should be only in such hands as both Houses might safely confide in And His Majesty expresseth still as much and till some just legal cause be shewed him why the Persons now in those Commands cannot be safely Confided in by them He conceives they might safely confide in them if they pleas'd But His Majesty did likewise once say He would put all those places both of the Forts and Militia into such hands as both Houses should approve or recommend unless such were named against whom He had just and unquestionable Exceptions To which His Majesty replies That His Offer not giving them satisfaction then for they would then limit no time for the Militia which was the Condition of that Offer of His Majesty's and since it seems it would give none yet for they now ask no less for the Ships than for those and more for both as to the time and other Circumstances than He then offered for these and they by forcing those Places from Him since and some of the Persons legally vested in those Places by their faithfulness to him in this War having given Him so much more cause not to yield to it now He conceives the case to be so altered by all these differences that though out of His earnest desire to satisfie them as long as He thought them capable of satisfaction by it He then intended what He spoke yet He may insist upon what He now insists without being said to have receeded from His Word Did not they refuse to accept of four Persons named in His Majesty's Bill concerning the Militia which themselves had but newly offered Him in their Ordinance concerning it And had those Persons in that time given them so great cause for that refusal as His Majesty hath had given Him for this And yet will they confess that ill Counsel prevail'd with them to recede from their Words and that therefore His Majesty had the more cause to be farther secured Their fourth Argument is That unless these Limitations be granted those secret and wicked Councellors that have been Instruments of the present Miseries will have the disposing of those Places and His Majesty carry but the Name To this His Majesty replies That knowing who have been the Instruments of these Miseries He should by that believe the secret and wicked Councellors spoken of to be the active part of the close Committee for if He have any wicked Councellors about him He confesseth they have cause to call them Secret as well as Wicked since they have not only wholly concealed themselves from Him but He having often press'd to have some named could never obtain from them the Name so much as of one nor since hath heard so much as one proof or charge either of being wicked Councellors or of any Legal Crime against any of His Servants whom they have named though they have publisht them withal to be incapable of Pardon However He finds that if what they say were true the ends of these Councellors and of their violent Party is but just the same that is to dispose of these Places and that His Majesty may only carry the Name But they have found a Letter of His Majesty 's to the Queen which shews that the great and eminent Places of the Kingdom are disposed of by Her Advice and then conclude from Her Religion that they are by consequence disposed of by the advice of Papists and Jesuits and that the Persons there named even during the sitting of Parliament are either all impeacht by them or bear Arms against them To this His Majesty replies First That He cannot but deplore the condition of the Kingdom when Letters of all sorts of Husbands to Wives even of His Majesty to His Royal Consort are intercepted read brought in Evidence and publisht to the World Secondly That if they will remember how far many of those Persons of both Sexes who have received most notable marks of Favour from Her Majesty are even in their own Opinion from so much as inclining to Popery they must confess her Favours and Recommendations not to be disposed of by Priests and Jesuits Thirdly That the Places there named in which Her Majesty's Advice may seem to be desired are not places as they call it of the Kingdom but private menial places a Treasurer of the Household a Captain of the Pensioners and a Gentleman of the Bed-chamber That concerning the other more publick Places His Majesty absolutely declares Himself without leaving room for Her Advice
Reason insisted on by His Majesty That it is His Right by Law to which they should have added and contrary to Law forced from Him and not being able to deny that and yet being willing to deny something they quarrel at the Phrase and deny that this Power of disposing these Commands is by Law absolutely vested in His Majesty and that because He is trusted with them for the Defence and Safety of the Kingdom His Majesty still justifies what He said Himself and yet confesses all that they say too but only denies the Consequence for no Man is absolutely vested in any thing if being trusted with it to some end hinder him from being so The House of Commons is trusted with a Preparatory the House of Lords is trusted with a Judicatory the King Lords and Commons are trusted with a Legislative Power and all these have those Trusts vested in them for the publick Good and are not yet all these Trusts absolute that is subject to the Control of no other Power Is no Man absolutely vested in his Goods because all we have we are trusted with for the Glory of God His Majesty meant only that this was so absolutely vested in Him by Law as nothing but a new Law could without Breach of Law take or hold it from Him But the Declaration is content to admit that too only denies it to be a Reason why His Majesty should deny to alter that Law when by Circumstance of Time and Affairs that Power becomes destructive to the Commonwealth and Safety of the People the Preservation whereof is the chief End of the Law And His Majesty is equally ready to confess that it is no Reason but doth absolutely deny that this is the Case insisting that the circumstances of Time and Affairs hare made this Power more necessary than ever to remain in His Majesty for the protection and safety of His People and He claims Himself to be as absolutely trusted by Law with the final Judgment whether it be the Case or no and with a Power of rejecting any such Alteration upon any such Pretence if it appear but a Pretence to Him as either House is trusted to propose any such Alteration to the other or both to Him if it appear to them necessary and convenient But says this Declaration the two Houses of Parliament being the Representative Body of the Kingdom are the most competent Judges thereof And says his Majesty the Representative Body of the Kingdom is indeed and that is the King Lords and Commons else either the Head is no part of the Body or at least will be no longer than the Body please Indeed the two Houses in some sense represent the Kingdom in any Action which the Law which is the Rule of the Kingdom hath intrusted and enabled them to do but either one House or His Majesty do equally represent it in any thing which the same Law hath entrusted and enabled Him or them to do And for those Actions in which the Law requires the Consent of all three every one is to be allowed their own several distinct Judgment for themselves only and any one without the other two have as much Right as any two without the third to represent the Kingdom and to be competent Judges of the Case And His Majesty cannot be take notice how much Reason He had not to yield to this Demand since the grant of this Demand would be received as an Admission of this Case and it would Logically enough follow That if His People cannot be safe and He retain this Power He doth not deserve to retain any And if their Demands were granted and the Armies upon their Demands disbanded this Consequence in all Probability would soon be both perceived and prest But His Majesty may without Prejudice admit both Houses to be the most competent Judges in this particular and then put them in mind that before so many things had been done by the violent Party to turn the Tide of Fears and Jealousies before they had involved the King and Subject in a common Suffering and equally destroyed all the Property of the one and Prerogatives of the other by Orders and Ordinances and so there then appeared less necessity that this Power should remain in the Crown either for the preservation of it Self or of the People and little danger appeared to the People if this Power were thus shared the House of Lords did then twice deliver their Judgment That this Power in His Majesty was not become destructive to the Common-wealth and Safety of His People nor the Alteration of this Law necessary by twice denying to joyn with the Commons in their desire That part for the Ships and the Time were not then named of this Power might be shared and of this Law altered by which denial the Commons were forced to Petition for it by themselves Nor did they only deny it but both times in full Houses after long and free debates it was carried upon the Question above Twenty Voices and that at a time when all the Papist Lords had left the Town and hardly any Bishops were left uncommitted Twelve being at once clapt up upon an Accusation of Treason which they themselves have since been ashamed of enough to wave who were then the Persons usually represented to the People to be the evil Councellors of the Lords House and to whose prevalence it was imputed in the first Remonstrance of the House of Commons that their good and necessary Motions did not pass in that House And as they denyed it twice so they would have denyed it till now if the Petition of many thousand poor People about London who certainly did not then believe the Lords to be competent Judges and the Demand of the House of Commons joyned to it to be told the Names of those Lords who denyed it and the direct Threats of so many Petitioners to which the former Tumults gave sufficient credit that they would be really executed upon them had not made many of the Lords to be of his Mind who would not dispute with him who commanded thirty Legions and give way to the potent Minor part to appear the Major by absenting themselves and suffering them to pass what they pleased So that neither the Votes which then past to desire these particulars nor the Execution of these Votes and seizing these particulars with a Violence yet greater than obtained the Votes nor the multitude of Consequences of the same kind built upon that Foundation can at all be said to have had the Authority of both Houses though most of those Actions have been such as the Authority even of both Houses how full and free soever would not be sufficient to justifie And this Opinion of the necessity of altering the Law in these points was even then at most but the Opinion of the House of Commons awed by a few Members assisted by the Common People and together with them awing the Lords They next pretend
and Baronet Sir Arthur Hesilrigge Baronet Sir Henry Ludlow Sir Edward Hungerford Sir Francis Popham Knights Nathanael Fiennes John Hampden John Pym William Stroude Henry Martin and Alexander Popham Esquires Isaak Pennington Alderman of London and Captain Venne who being the principal Authors of these present Calamities have sacrificed the Peace and Prosperity of their Country to their own Pride Malice and Ambition and against whom We shall proceed as against Persons guilty of High Treason by the known Laws of the Land and shall in the proceeding be most careful to preserve all Privileges in the fullest manner that by the Law or the usage of former times is due to them if they shall within Ten days after the publishing this Our Proclamation return to their Duty and Allegiance to Us. And lastly We further enjoyn and command all Our Subjects upon their Allegiance to Us as they will answer the contrary to Almighty God and as they desire that they and their Posterity should be free from the foul Taint of High Treason and as they tender the Peace of this Kingdom that they presume not to give any Assistance to the before-mentioned Rebellious Armies in their Persons or Estates in any sort whatsoever but joyn with Us according to their Duty and the Laws of the Land to suppress this horrid Rebellion And Our Pleasure and Command is That this Our Proclamation be read in all Churches and Chapels within this Our Kingdom Given at Our Court at Oxford the twentieth Day of June in the Nineteenth Year of Our Reign God save the King A DECLARATION CONCERNING THE CESSATION IN IRELAND ALSO DECLARATIONS and PASSAGES of the PARLIAMENT at OXFORD MDCXLIII Octob. 19. The Grounds and Motives inducing His MAJESTY to agree to a Cessation of Arms for one Year with the Roman Catholicks of IRELAND AS there hath been no Argument with which the Minds and Affections of Our People have with more Subtilty and Malice been infected and corrupted by the great Authors and Contrivers of this unnatural and odious Rebellion in England than with the gross and senseless Imputations of Our neglect of Our poor Protestant Subjects in Ireland so there is no Calumny of theirs against which We can with more Confidence Clearness and Integrity justifie Our Self and all Our Actions before God and Man We will not now trouble Our Self with the remembring Our several Messages and Importunities to Our two Houses of Parliament in that business Our offer to engage Our own Royal Person in that War and the scornful rejection of that offer Our consenting to all Propositions and Acts proposed to Us for the raising of Men or providing of Money for that Service till it was evident that Men and Money being raised under pretence of quenching the Rebellion there were both imployed in kindling and maintaining the Rebellion here Our granting a Commission to Persons named by themselves for the managing the Affairs of that Kingdom according to Instructions drawn by themselves not one of which have been observed by them We shall have occasion of publishing all these particulars in a full and clear Narration to the World that all Our good Subjects may see that the same Men and only they who have brought all these Miseries and Calamities upon them here have been the Promoters if not the Contrivers of the Miseries of their Brethren in Ireland by preventing those Remedies and diverting that Assistance which being seasonably applyed might have eased that poor People of many of those Calamities they have since endured But for the present We shall only being to publish the Articles of Cessation agreed on Our behalf by the Persons trusted by Us in that Kingdom let Our good Subjects briesty know the Grounds and Circumstances of that Treaty and Conclusion About the Month of November last after We had been advertised as well by Our Council-board of that Kingdom as several Petitions and Remonstrances of all the principal Commanders and Officers of Our Army of the miserable condition of Our Forces there by the extream want of Money Victuals and Ammunition of which they were so far from being like to receive supply from Our two Houses here who had undertaken to defray those Charges that We had had too sad experience that both the Money raised by Act of Parliament and the Men raised by Our own Commission for that purpose were imployed against Us in that Rebellious Army which not long before had given Us Battle a short Petition was sent to Us by the Lords Justices and Council of that Kingdom which they had received in the name of the Roman Catholicks of Our Kingdom of Ireland directed to Us in which nothing was desired of Us but that We would appoint some Persons to hear what they could say for themselves with many expressions of Duty and Submission to Us. Shortly after in the end of that Month or beginning of December the Committee for Ireland attended Us at Oxford and set forth by their Petition That all passages by which Comfort and Life should be conveyed unto that gasping Kingdom seemed totally to be obstructed and that unless timely Relief were afforded Our Loyal Subjects there must yield their Fortunes a prey their Lives a sacrifice and their Religion a scorn to the merciless Rebels Hereupon We granted a Commission to some Persons of Honour and Trust to meet and confer with such Persons as the Rebels should imploy but without power to conclude any thing or with other Authority than only to receive such Propositions as they should make and to derive the same to Us. The meeting upon this Commission produced little effect in so much that the Lieutenant-General of Our Army there whom We trusted principally in that Commission being unsatisfied with the Cavils and Proceedings of the Rebels in February marched out with 2500. Foot and 500. Horse to force Victual and Provision from them for the subsistance of Our Army in which Expedition he performed those good services which are known to most men so that all men may observe the discourse or expectation of a Treaty caused Us not to omit any opportunity which was offered for Our advantage No success of Our Army there though God blessed it then with a very great Victory could supply those extreme wants they suffered by not having received any Relief either of Money or Victual in above four Months from hence and therefore the Lords Justices and Council by their Letter of the 16 th of March signified unto Us That the State and Army there were in very terrible want of means to support a War and that unless supplies of Money Munition Arms Cloaths and other Abiliments of War were speedily sent thither there was little hope to escape utter Destruction and Loss of the Kingdom And by their Letter of the 4 th of July after mentioning how often and how much in vain they had recommending their condition to the Two Houses they told Us plainly that unless the supplies then mentioned in their
said 15th of Sept. 1643. at the hour aforesaid are possessed by any of His Majesty's Forces or by any of them and that those who after taking protection from any of His Majesty's Forces or any of that Party or from any Governours deriving Authority from His Majesty there have joyned themselves to the said Roman Catholick Subjects now in Arms c. and their Party shall pay no Contribution unto such who protected them But in regard there may be a Rule different touching Persons that may be said to do this and consequently touching the Contributions payable by them it is concluded and accorded that such disputes and questions if any shall arise be determined by Commissioners indifferently chosen on each side And it is concluded and accorded that the like Rule for sowers and manurers of Corn within the Quarters of each other shall be observed in the Province of Connaght as is set down for Leimster Item It is concluded and accorded and the said Marquess of Ormond for and in the name of His Majesty doth promise and undertake that no Interruption shall be given unto any of the said Roman Catholick Subjects now in Arms c. or their Party in any of the said Counties Quarters or places by the said precedent Articles unto them or any of them limited as aforesaid during this Cessation like as the said Donnogh Viscount Muskery and the rest of the above-named persons who are authorized as aforesaid do promise and undertake that no Interruption shall be given unto any of His Majesty's Forces Protestant Subjects or such as adhere unto them within any of the said Counties Quarters or places by the precedent Articles limited unto them as aforesaid during the said Cessation Item It is concluded and accorded that no Officer of the Army or Souldier of either side shall be admitted without licence from the Commander in chief of the Army on bothsides or of the Commander of the next chief Garrisons respectively to pass or repair into any of the Garrisons on either side save that it be lawful for either Party to furnish any Garrison in their Power during the Cessation with Victuals Cloth Ammunition or other Necessaries by licence as aforesaid which is not to be denied upon demand Item It is concluded and accorded that if any Army or Forces in this Kingdom raised by His Majesty's Authority or any part thereof or any other His Majesty's Subjects shall not yield obedience to the Articles of this Cessation but shall publickly stand in opposition thereunto that the said Roman Catholick Subjects now in Arms c. and their Party may prosecute such and the said James Marquess of Ormond doth promise and undertake that such who shall so stand in opposition shall not be assisted protected or defended against the said Roman Catholick Subjects now in Arms c. or their Party by His Majesty or any of His Forces and yet nevertheless the same shall not be understood to be any breach of Cessation as to other parts of the Kingdom which shall conform and yield thereunto And whereas the assistance of His Majesty's Forces is desired by the said Roman Catholick Subjects now in Arms c. against such as shall oppose the Articles of this Cessation and will not yield obedience thereunto or interrupt the Trade and Traffick albeit that it is not to be supposed that there will be any such the said James Marquess of Ormond doth further promise and undertake that their said request shall be made known to His Majesty and upon signification of His pleasure the same shall be obeyed Item It is concluded and accorded that if in other cases it be pretended on either side that the Cessation is violated that yet no Act of Hostility is immediately to follow but first the Party complaining is to acquaint the Lord General Lieutenant-General or other chief Commander of either side in that Province in which the said Cessation is pretended to be violated therewith and to allow fourteen days after notice given for reparation or satisfaction and in case reparation or satisfaction be not given or tendred then fourteen days notice to be given before Hostility begin Item It is concluded and accorded that all Prisoners and Hostages of both sides in all parts of the Kingdom excepting such of them as are indicted of any Capital offence shall be mutually released and set at liberty within seven days after publication of the said Cessation And the said Marquess of Ormond doth further promise and undertake that such Prisoners who are indicted of any Capital offence shall be set at liberty upon Bail until His Majesty's further Pleasure be known therein Provided nevertheless that if any party of His Majesty's Army in any other Province of the Kingdom shall not within Ten days after Publication of these Articles yield obedience thereunto that the same shall be no breach of Cessation but that His Majesty be first made acquainted with such Disobedience and His Direction expected therein and that all other Persons that do reside with either Party and all Women and Children shall be permitted within seven days after publishing of this Cessation or when they please with their Goods and Chattels to depart to what place they please with a safe Conduct or Convoy if they desire it Item It is concluded and accorded that the said Roman Catholick Subjects now in Arms c. and their Party may at any time during the Cessation send such Agents to His Majesty as they shall think fit and the said Agents shall have safe Conduct in writing from the chief Governour or Governours of this Kingdom for the time being upon demand Item It is concluded and accorded and the said Marquess of Ormond doth promise and undertake for and in the name of His Majesty that all and every of the precedent Articles which have been agreed unto and undertaken by the said Marquess for and in the behalf of His Majesty shall be faithfully truly and inviolably observed fulfilled and kept And the said Viscount Muskery Sir Lucas Dillon Knight Nicholas Plunket Esquire Sir Robert Talbot Baronet Sir Richard Barnewell Torlogh O-Neale Geffry Brown Ever Mac-Gennis and John Walsh Esquires for and in the behalf of the said Roman Catholick Subjects now in Arms c. and their Party do promise and undertake that all and every of the precedent Articles which have been agreed unto and undertaken by them for and in the behalf of their Party shall be faithfully truly and inviolably observed fulfilled and kept Lastly It is concluded and accorded that all possessions and likewise all Goods and Chattels that shall be found in specie by either Party after the hour of twelve aforesaid and before publication of this Cessation shall be restored to the owners and after publication all Possessions and Goods that shall be taken to be restored to the owners upon demand or damages for the same In witness whereof the said Marquess to the said Articles remaining with the said
We are to receive Advice for the Preservation of the Religion Laws and Safety of the Kingdom and as far as in Us lyes to restore it to its former Peace and Security Our chief and only end from those whom they have trusted though We cannot receive it in the place where We appointed And for the better encouragement of those Members of either House to resort to Us who may be conscious to themselves of having justly incurred Our Displeasure by submitting to or concurring in unlawful Actions and that all the World may see how willing and desirous We are to forget the Injuries and Indignities offered to Us and by an Union of English Hearts to prevent the lasting Miseries which this Foreign Invasion must bring upon this Kingdom We do offer a free and General Pardon to all the Members of either House who shall at or before the said twenty second day of January appear at Our City of Oxford and desire the same without Exceptions which considering the manifest Treasons committed against Us and the Condition We are now in improved by God's wonderful blessing to a better degree than We have enjoyed at any time since these Distractions is the greatest instance of Princely and Fatherly Care of Our People that can be expressed and which malice it self cannot suggest to proceed from any other Ground And therefore We hope and are confident that all such who upon this our gracious Invitation will not return to their Duty and Allegiance shall be no more thought Promoters of the Religion laws and liberty of the Kingdom which this way may be without doubt setled and secured but Persons engaged from the beginning out of their own Pride Malice and Ambition to bring Confusion and Desolation upon their Country and to that purpose having long since contrived the Design to invite and joyn with a Foreign Nation to ruine and extinguish their own and shall accordingly be pursued as the most desperate and malicious Enemies of the Kingdom And Our pleasure is That this Our Proclamation be read in all Churches and Chapels within this Our Kingdom and Dominion of Wales Given at Our Court at Oxford the two and twentieth day of December in the Nineteenth year of Our Reign 1643. God Save the KING MDCXLIII IV. A Letter from the Lords at Oxford and other Lords whose Names are subscribed to the Lords of the Privy-Council and the Conservators of the Peace of the Kingdom of Scotland Our very good Lords IF for no other Reason yet that Posterity may know we have done our Duties and not sate still while our Brethren of Scotland were transported with a dangerous and fatal mis-understanding that the Resolution now taken among them for an Expedition into England is agreeable to their obligation by the late Treaty and to the Wishes and Desires of this Kingdom expressed by the two Houses of Parliament we have thought it necessary to let your Lordships know That if we had dissented from that Act it could never have been made a Law And when you have examined and considered the Names of us who subscribe this Letter who we hope are too well known to your Lordships and to both Kingdoms to be suspected to want Affection to Religion or to the Laws and Liberties of our Country for the Defence and maintenance of which we shall always hold our Lives a cheap Sacrifice and when you are informed that the Earls of Arundel and Thanet and the Lords Stafford Stanhope Coventry Goring and Craven are in the parts beyond the Seas and the Earl of Chesterfield Westmorland and the Lord Mountague of Boughton under restraint at London for their Loyalty and Duty to His Majesty and the Kingdom your Lordships will easily conclude how very few now make up the Peers at Westminster there being in truth not above five and twenty Lords present or privy to those Councils or being absent consenting or concurring with them whereas the House of Peers consist of above one hundred besides Minors and Recusant Lords neither of which keep us company in this Address to your Lordships How we and the major part of the House of Commons come to be absent from thence is so notorious to all the World that we believe your Lordships cannot be strangers to it How several times during our sitting there Multitudes of the meanest sort of People with weapons not agreeing with their condition or custom in a manner very contrary and destructive to the privilege of Parliament fill'd up the way between both Houses offering Injuries both by words and actions to and laying violent hands upon several Members and crying out many Hours together against the established Laws in a most tumultuous and menacing way How no remedy would be submitted to for preventing those Tumults After which and other unlawful and unparliamentary Actions many things rejected and setled upon solemn debate in the House of Peers were again after many Threats and Menaces resumed altered and determined contrary to the Custom and Laws of Parliaments and so many of us withdrew ourselves from thence where we could not Sit Speak and Vote with Honour Freedom and Safety and are now kept from thence for our Duty and Loyalty to our Sovereign And we must therefore protest against any Invitation which hath been made to our Brethren 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 we do conjure your Lordships by our common Allegiance and Subjection under one gracious Sovereign by the Amity and Affection between the two Nations by the Treaty of Pacification which by any such Act is absolutely dissolved and by all Obligations both Divine and Humane which can preserve Peace upon earth to use your utmost endeavours to prevent the effusion of so much Christian blood and the Confusion and Desolation which must follow the unjust Invasions of this Kingdom which we and we are confident all true English men must interpret as a Design of Conquest and to impose new Laws upon us And therefore your Lordships may be assured we shall not so far forget our own Interests and the Honour of our Nation as not to expose our Lives and Fortunes in the just and necessary defence of the Kingdom But if your Lordships in truth have any doubts or apprehensions that there now is or hereafter may be a purpose to infringe your Laws or Liberties from any Attempt of this Kingdom we do engage our Honours to your Lordships to be our selves most religious observers of the Act of Pacification and if the Breach and violation do not first begin within that Kingdom we are most confident you shall never have cause to complain of this And having thus far expressed Our selves to your Lordships we hope to receive such an Answer from you as may be a means to preserve a right understanding between the two Nations and lay an Obligation upon us to continue Your Lordships
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
Foreign Power to invade this Kingdom is from having the Countenance Authority and Approbation of the two Houses of Parliament The great Industry and ill Arts used by those who have since been principal Instruments of the present Rebellion to bring in Persons of their Faction into the House of Commons the admitting and receiving such who were neither lawfully chosen nor lawfully returned by their Country and the putting and keeping out others whose Opinions were not liked the reprehending reproaching and imprisoning of Members for speaking freely according to their Consciences in matters in debate the posting and setting up mens Names in publick places and proscribing them as Enemies to their Country who dissented in the Houses in opinion in matters debated and being complained plained of no reparation granted the sitting at unparliamentary hours thereby wearying and tiring many Members from attendance and so in a thin House altering and reversing the resolution taken in a full House the refusing to receive and suppressing Petitions against Persons in favour though in point of Bribery and corruption in Judicatory and the like of other Petitions from whole Counties for the preservation of the Government of the Church as from Notinghamshire and Somerseshire whilst others against it were received with great countenance and approbation from mean unknown People the getting with great labour and Faction several hands to Petitions from Counties and then framing new Petitions at London and annexing the hands formerly gotten in the Country to those Petitions of which they who subscribed their hands know nothing as in the Petition of Buckinghamshire and the setting names in London to Petitions in the name of as if they had been subscribed in remote Counties the usurping of Jurisdictions to supersede Acts of Parliament and to dispense with the breach of Laws in force the suffering undutiful and disloyal language against the Sacred Person of the King without so much as Reprehension and the denying His Majesty's Negative Voice we insist not so much on though very prejudicial and scandalous to the Privileges and Honour of Parliament as on those Acts of Force and Violence which are contrary and destructive to the Freedom and Liberty of Parliament Shortly after His Majesty returned from Scotland there being a very long debate in the House of Commons concerning an unparliamentary Remonstrance to be published to the People of the State of the Kingdom which many of us then thought might prove prejudicial to the Peace thereof Captain Venne then a Member of the House of Commons who had before bragged of having brought down the People upon the two Houses and so drawn Resolutions from them sent Notes in writing under his Hand into the City that the People should come down to Westminster for that the better part of the House was like to be over-powered by the worser part whereupon both at that time and some days after Multitudes of the meanest sort of people with weapons not agreeing with their condition or custom in a manner very contrary and destructive to the Privilege of Parliament filled up the way between both Houses offering Injuries both by words and actions to and laying violent hands upon several Members proclaiming the Names of several of the Peers as evil and rotten-hearted Lords crying out many hours together against the established Laws in a most tumultuous and menacing way This action of Captain Venne's was complained of to the House of Commons and Witnesses offered to prove it a fellow who had assaulted and reproached a Member of the House of Commons in those Tumults was complained of and shewed to the House in the number of those who brought a Petition to the Bar and yet in neither of these cases Justice or so much as an Examination could be obtained Upon a suggestion and pretence of Danger and suit made to His Majesty a Guard was allowed and appointed by Him for the Security of both Houses shortly after this Guard was refused and discharged by themselves and a new Guard appointed by them without His Majesty's Consent thereby to awe all those who concurred not with them A legal Writ issuing out by the direction of the House of Peers under the Great Seal of England to prevent those Tumults which daily infested both Houses the Justices of the Peace for executing that Writ according to their Oaths were imprisoned by the House of Commons A Commission under the Great Seal of England for enquiry after Riots committed in Southwark was likewise superseded by an Order of the House of Commons and when the Lords desired by several Messages that the House of Commons would joyn with them in a Declaration against Tumults they refused or neglected to joyn with them it being said by Mr. Pym in the House of Commons God forbid we should dishearten our Friends who came to assist us And albeit some of the Lords professed that if the People were again drawn down in that tumultuous manner they would no more come to the House and albeit an Order was made that in such a case the House should be presently adjourned yet those Tumults again appearing that Order though urged by several Lords was not suffered to be executed The House of Commons having desired the House of Peers to join with them in desiring His Majesty that the Militia of this Kingdom might be put into such hands as both Houses did confide in and this desire having been put to the Question and carried negatively by much the major part of the Lords it being again resumed at another time contrary to the course of Parliament the debate was begun with a Declaration made by several of those Lords against whom that Question was twice carried by Votes and that by much the major part that whosoever refused in this particular to joyn with the House of Commons were in their opinions enemies to the State words destructive from the Liberty and Freedom of debate During the time that this business of the Militia was in debate that is before it had the approbation and consent of the House of Peers a Petition in a tumultuous manner was delivered to the House of Lords in the name of the Knights Gentlemen Free-holders and others the Inhabitants of the County of Hartford reckoning up the causes of the present Fears Troubles and Distractions and amongst them the want of Compliance in that Honourable House with the House of Commons in entertaining those many good motions and passing those necessary Bills presented to them from that House for the publick good and desiring liberty to protest against all those as Enemies to the publick who refused to joyn with the Honourable Lords whose endeavours were for the publick good and with the House of Commons for the putting the Kingdom into a posture of Safety under the Command of such persons as the Parliament should appoint Several Petitions of the same nature particularly one under the Title of the Knights Gentlemen Free-holders and other Inhabitants of the
County of Surrey directed to the House of Peers concluded with this close That they should be in duty obliged to mantain their Lordships so far as they should be united with the House of Commons in their just and pious proceedings sufficiently intimating that if they joyned not with the House of Commons they then meant as much as others had plainly professed About the same time a Citizen saying at the Bar of the House of Commons That they heard there were Lords who refused to consent and concur with them and that they would gladly know their names or words to that effect a Petition in the name of many thousand poor People in and about the City of London was directed to the House of Commons taking notice of a malignant Faction that made abortive all their good motions which tended to the Peace and Tranquillity of this Kingdom desiring that those noble Worthies of the House of Peers who concurred with them in their happy Votes might be earnestly desired to joyn with that Honourable House and to sit and Vote together as one entire body and professing that unless some speedy remedy were taken for the removing all such Obstructions as hindred the happy progress of their great Endeavours their Petitioners should not rest in quietness but should be forced to lay hold on the next remedy which was at hand to remove the disturbers of the Peace and Want and necessity breaking the bounds of Modesty not to leave any means unessayed for their relief lastly adding that the cry of the poor and needy was that such Persons who were the obstacles of their Peace and the hinderers of the happy proceedings of this Parliament might be forthwith publickly declared whose removal they conceived would put a period to those Distractions And this Petition was brought up to the House of Lords by the House of Commons at a Conference And after the same day Master Hollis a Member of the House of Commons in a Message from that House pressed the Lords at their Bar to joyn with the House of Commons in their desire about the Militia and farther with many other expressions of like nature desired in words to this effect That if that desire of the House of Commons were not assented unto those Lords who were willing to concur would find some means to make themselves known that it might be known who were against them and they might make it known to those that sent them After which Petition so strangely framed countenanced and seconded many Lords thereupon withdrawing themselves the Vote in order to the Militia twice before rejected was then passed After these and other unparliamentary Actions many things rejected and settled upon solemn debate were again after many Threats and Menaces resumed altered and determined contrary to the Custom and Laws of Parliament And so many of us withdrew our selves from thence where we could not Sit Speak and Vote with Honour Freedom and Safety and are now kept from thence for our Duty and Loyalty to our Sovereign And though some of us Sate and continued there long after this hoping that we might have been able to have prevented the growth and progress of farther Mischief yet since the Privilege of Parliament is so substantial and entire a Right that as the Invasion of the Liberties of either House is an injury to the other and the whole Kingdom so the Violence and Assaults upon any of our fellow-Members for expressing their opinions in matters of debate were instances to us what we were to look for when we should be known to dissent from what was expected and under that consideration every one of our just Liberties suffered violation Many of us for these and other reasons after His Majesty Himself was by many Indignities and Force driven from Westminster have been contrary to the Right and Freedom of Parliament Voted out of the House without committing any Crime and some of us without hearing or so much as being summoned to be heard and so our Countries for which we were and are trusted have been without any Proxies or Persons trusted on their behalf An Army hath been raised without and against His Majesty's Consent and a Protestation enjoyned to live and die with the Earl of Essex their General of that Army and a Member now amongst us refusing to take that Protestation was told That if he left not the Town speedily he should be committed to the Tower or knocked on the head by the Souldiers All Persons even the Members of both Houses have been and now are forced or injoyned to contribute for the maintenance and support of that Army A trayterous Covenant is since taken by the Members who remain and imposed upon the Kingdom That they will to their power assist the Forces raised and continued by both Houses of Parliament against the Forces raised by the King with many other Clauses directly contrary to their Allegiance and another for the alteration of the Covenant of the Church established by Law and such Members as have refused according to their Duty and Conscience to take those Covenants have been imprisoned or expelled so as they have suffered none to reside with them but those who are engaged with them in their desperate courses The whole Power and Authority of both Houses is delegated against the Law and nature of Parliament to a close Committee which assumes and usurps the Power of King Lords and Commons disposes of the Persons Liberties and Estates of us and our fellow-Subjects without so much as communicating their Resolutions to those that sit in the Houses And when an Order hath been reported to be confirmed by them it hath been only put to the Question no debates being suffered it having been said in the House where the Commons sit to those who have excepted against such an Order when presented That they were only to Vote not to dispute and thereupon all Argument and contradiction hath been taken away And to shew how impossible it is to contain themselves within any bond of civility and humanity when they have forfeited their Allegiance after the attempt in a most barbarous manner to murther the Queens Majesty at Her landing at Burlington by making many great shot at the house where She lodged for Her repose after a long Voyage by Sea where by God's blessing it was disappointed they impeached Her of High Treason for assisting the King Her Husband and the Kingdom in their greatest necessities All Petitions and Addresses for Peace have been with great Art and Vehemence discountenanced and suppressed whilst others for Sedition and Discord have with no less industry and passion been promoted And when the Members of the House of Commons in August last had agreed upon a long and solemn debate to joyn with the Lords in sending Propositions of Peace to His Majesty the next day printed Papers were scattered in the Streets and fix'd upon the publick places both in the City and Suburbs requiring all Persons
well-affected to rise as one man and to come to the House of Commons next Morning for that 20000 Irish Rebels were landed which direction and information was likewise that day given in Pulpits by their Seditious Preachers and in some of those Papers were subscribed That the Malignant Party had over-voted the good and if not prevented there would be Peace the Propositions for Peace being the day before carried by nine and twenty Voices A Common-council was called late at night though Sunday and a Petition there framed against Peace which was the next morning brought to the House countenanc'd by Alderman Pennington a known Promoter and Governour of those Tumults and attended with a multitude of mean Persons who used Threats Menaces and Reproaches to the Members of both Houses Their Petition took notice of Propositions passed by the Lords for Peace which if allowed would be destructive to Religion Laws and Liberties and therefore desired an Ordinance according to the Tenor of an Act of their Common-council the night before Thanks was given them by the Commons whilst the Lords complained of the Tumults and desired a concurrence to suppress them and to prevent the like many of the People telling the Members of both Houses That if they had not a good Answer they would be there the next day with double the number By these Threats and Violence the Propositions formerly received were rejected and all thoughts of Peace laid aside Shortly after great numbers of Women resort to the House where the Commons sate with a Petition for Peace Troops of Horse were hereupon sent for who wound and kill several of the Women and disperse the rest Then special notice was taken of those Members who seemed most importunate and desirous of Peace and thereupon the late Covenant eagerly and severely pressed upon them By reason whereof and the other miscarriages whereby their freedom was absolutely taken from them divers of both Houses withdrew themselves And we must now appeal to all our fellow-Subjects of this Kingdom who have taken the Oaths of Allegiance and Supremacy who have any knowledge of the Rights Customs and Privileges of Parliament or of the Frame and Constitution of this Realm whether we or they have failed in our Duty to our King or Country and whether we have not in discharge of a good Conscience undergone the evils we have born And then we doubt not we shall not be thought less Members of Parliament though we are not at Westminster than if that City were in the possession of a Foreign Enemy Yet we confess the Place to be so material that if there were that Liberty and Freedom which is due to the Members and indeed is the life of Parliament the Act of those in the House being a lawful Act is the Act of the House though there were a greater number absent all who were of another opinion but in our case when we are by force driven away and by force kept away and when nothing can be said to justifie the Actions which are done but the Reputation and Number of the Actors we rely so much upon the understanding and honesty of our Country-men that they will believe when they see our concurrence and unanimity in Resolutions and Counsel for their Peace welfare and security as we are confident the number of those who concur in this Declaration is greater than hath concurred in most if not in any of those things of which we complain that it will be better for them to be advised by us at Oxford than by those at Westminster from whence we are absent only by reason of those Outrages and Violence offered to our Persons or our Consciences which takes away all Freedom and consequently all Authority from those Councils and where indeed these men ought not to undertake to act any thing till that Freedom and Liberty be restored to us who as long as this Parliament shall continue notwithstanding all the Votes of those who are guilty of Treason and Rebellion mustaccount our selves and shall be accounted by our Country the true and lawful Members of Parliament Having said thus much to undeceive our Brethren and that our fellow-Subjects may be no longer seduced to unlawful actions by colour and pretence of Parliament we shall briefly present to their view and consideration the danger and condition of His Majesty's Person His Honour and Rights the Religion and Liberty of the Kingdom the defence and maintenance of which those Persons with whom we cannot agree seem and pretend to undertake For their Care of the Honour and Safety of His Majesty's Person to the which we are so absolutely obliged and so solemnly sworn we shall need only to mention which we mention with great sadness of Heart and Horrour the taking by force His Majesty's Forts Towns Navy the assuming a power over the Militia of the Kingdom the denying his Majesty's Negative Voice the uncomely insolent and disloyal mentioning of His Majesty's Person the neglect contempt and violation of Leagues made by His Majesty with Foreign Princes in the Injuries and Affronts done to their publick Ministers and otherwise the transcendent presumption of sending Agents to Foreign Princes and in the Name of the States of England the traytourcus distinction between the Person of the King and His Office and declaring that an attempt upon His Life is not High-Treason which Doctrine is so much countenanced that Persons who have threatned to Kill the King having been complained of have been left unpunished and the Witnesses and Prosecutors threatned or discountenanced the raising an Army against Him and therewith giving Battle to His Person All which are known to be very unagreeable with the Affection Duty and Loyalty of Subjects and English-men Concerning Religion we cannot but with bleeding Hearts and trembling Souls consider the unheard-of Impieties and Prophanations exercised in Churches and Consecrated places the Countenance and licence given to scandalous debosh ignorant Lay-persons to Preach and exercise the Office of the Ministry the suppressing and cruel using and imprisoning in Gaols and on Ship-board Godly Learned Orthodox Divines famous and exemplary in their Lives and Doctrine the most eminent Assertors of the Protestant Religion against Popery and Innovations the scurrilous and scandalous reviling scoffing and suppressing the Book of Common-Prayer compiled by glorious Martyrs for the Protestant Religion established by Law and so long and so publickly used and acknowledged as an excellent and unparallel'd form of Devotion and Divine Service the suspending the execution of the Act of Parliament made in the first year of Queen Elizabeth of famous memory for Uniformity of Common-Prayer by an Order under the hand of a private Member of the House of Commons and that during the recess of both Houses the stirring up and inciting the People to Rebellion in Pulpits and which is the greatest Scandal and Reproach to the Protestant Religion that can be imagined the making Religion it self the ground and cause of Rebellion
know an Estate escheated to His Majesty by High Treason is as much as legally His Majesty's or his to whom His Majesty grants it as ever it was the unhappy Persons who hath so forfeited it yet we must let them know that their Condition is like to be very dangerous and that as they for resistance of whom His Majesty's Armies are raised have declared to them what they are to expect at their hands that is to be dealt with as pernicious and publick Enemies so they have reason to believe that His Majesty cannot look upon them as Persons who have performed that Duty they are obliged by their natural Allegiance and their Oaths enjoyned by Law which is to defend the King to the utmost of their Power against all Conspiracies and Attempts whatsoever which shall be made against His Majesty's Person His Crown and Dignity and to do their best endeavours to disclose and make known to Him all Treasons and Conspiracies which shall be against Him to their power to assist all Jurisdictions Privileges Preheminencies and Authorities belonging to Him or united to the Imperial Crown of this Realm The just and pious consideration and weighing of which Oath and Obligation must stir up all Men of Loyalty and Conscience to be industrious and active on His Majesty's behalf against this horrid and odious Rebellion and against the Authors and Fomenters of the same And we are confident it will not a little encrease the Indignation of all good true English-Men to find these Disturbers of their Peace who have so speciously pretended the defence of the Rights and Privileges of Parliament unite themselves with and govern their Actions by the concurrent Advice and Consent of Commissioners of another Kingdom whose business is to alter our Laws and confound our Government And if all the other particulars so plainly set down in this Declaration and so publickly known to most Men were wanting there could not be a greater instance of deserting the Dignity and Right and as much as in them lies cancelling all the Liberties and Privileges of Parliament than for these Men to break the Trust reposed in them by their Country and to submit themselves to the Advice and oblige themselves to the Consent of Agents of another Kingdom who have cast off their Allegiance and united themselves together against their natural and native King and against the Laws of both Kingdoms and have given an ample testimony to all those they have misled how far they are from submitting or intending to be governed by Parliament or by those who would yet be thought the two Houses of Parliament by joyning four Scotch-Men Agents for the Rebellious Army which hath invaded this Kingdom in equal Power and Authority with seven Lords and fourteen Commons by whose sole and uncontrolled managery and consent all business of Peace and War which doth or may concern this languishing Kingdom must be governed And yet these Men take it very heinously that His Majesty should move them in order to Peace to agree that all the Members of both Houses may securely meet in a full and free Convention of Parliament because they say from thence no other Conclusion can be made but that this present Parliament is not a full nor free Convention and that to make it such the presence of us is necessary We must appeal to all the World whether in truth that Conclusion be not very apparent from the truth of their Proceedings and even to the Consciences of these Men themselves whether whilst we were amongst them we enjoyed that Liberty and Freedom which was due to us and whether if there were no danger or breach of Duty in being willingly and constantly present where Actions of Treason are plotted and concluded we could now be with them without engaging our selves in that Covenant which as it takes away all freedom and liberty of Council so cannot be taken without the violation of our Duty and Allegiance For the deserting the great Trust reposed in us we cannot with the least colour be accused we wish it had not been or were not now broken on their parts on ours we are sure it is not except observation of our Oaths lawfully taken and enjoyned and submission to the known established Laws of the Land the preservation of which is our greatest Trust be to desert the Trust reposed in us What they have done who have broken through all these and will not at last consent to the binding up the wounds they have made we must leave to the World to judge In the mean time since 't is apparent they use their utmost endeavours to make Peace impossible and having enriched themselvâ—â— by these publick Calamities and impoverished their Country by the transportation of â—he Wealth thereof into Foreign parts have left themselves no other means to repay those vast Sums they have extorted from the People upon that they call Publick Faith â—ut out of the Estates of those who have preserved their Duty and Loyalty entire and at the price of their Religion and Laws intend to establish a Government and Empire to themselves all good Men who desire Peace will joyn with us in the suppressing these Enemies of Peace and by a resolute and unanimous Declaration of themselves rise as One Man in the assistance of His Majesty with their Persons and their Fortunes which is the only means with God's blessing to restore and preserve the Religion Laws and Liberties of the Kingdom and the very Being of Parliaments The which if these Men have any mind to do it being not so easily to be done any other way they will at last be willing that all the Members of both Houses may meet in a full and free Convention of Parliament which we have always desired and shall be always ready to do His MAJESTY's Message to both Houses April 12. 1643. Concerning Disbanding of both Armies and His MAJESTY'S Return to both Houses of Parliament TO shew to the whole World how earnestly His Majesty longs for Peace and that no success shall make Him desire the continuance of His Army to any other end or for any longer time than That and until things may be so settled as that the Law may have a full free and uninterrupted course for the defence and preservation of the Rights of His Majesty both Houses and His good Subjects 1. As soon as His Majesty is satisfied in His First Proposition concerning His own Revenue Magazines Ships and Forts in which He desires nothing but that the Just Known Legal Rights of His Majesty devolved to Him from His Progenitors and of the Persons trusted by Him which have violently been taken from both be restored unto Him and unto them unless any Just and Legal Exceptions against any of the Persons trusted by Him which are yet unknown to His Majesty can be made appear to Him 2. As soon as all the Members of both Houses shall be restored to the same capacity of Sitting and Voting in
Parliament as they had upon the first of January 1641. the same of right belonging unto them by their Birth-rights and the free Election of those that sent them and having been Voted from them for adhering to His Majesty in these Distractions His Majesty not intending that this should extend either to the Bishops whose Votes have been taken away by Bill or to such in whose places upon new Writs new Elections have been made 3. As soon as His Majesty and both Houses may be secured from such tumultuous Assemblies as to the great breach of the Privileges and the high Dishonour of Parliaments have formerly assembled about both Houses and awed the Members of the same and occasioned two several complaints from the Lords House and two several desires of that House to the House of Commons to joyn in a Declaration against them the complying with which desire might have prevented all these miserable Distractions which have ensued which Security His Majesty conceives can be only settled by Adjourning the Parliament to some other place at the least twenty Miles from London the choice of which His Majesty leaves to both Houses His Majesty will most chearfully and readily consent that both Armies be immediately disbanded and give a present meeting to both His Houses of Parliament at the time and place at and to which the Parliament shall be agreed to be Adjourned His Majesty being most confident that the Law will then recover the due credit and estimation and that upon a free debate in a full and peaceable Convention of Parliament such Provisions will be made against Seditious Preaching and Printing against His Majesty and the established Laws which hath been one of the chief causes of the present Distractions and such care will be taken concerning the Legal and known Rights of His Majesty and the Property and Liberty of His Subjects that whatsoever hath been published or done in or by colour of any illegal Declaration Ordinance or Order of one or both Houses or any Committee of either of them and particularly the Power to raise Arms without His Majesty's Consent will be in such manner recalled disclaimed and provided against that no seed will remain for the like to spring out of for the future to disturb the Peace of the Kingdom and to endanger the very Being of it And in such a Convention His Majesty is resolved by His readiness to consent to whatsoever shall be proposed to Him by Bill for the Real good of His Subjects and particularly for the better discovery and speedier conviction of Recusants for the Education of the Children of Papists by Protestants in the Protestant Religion for the prevention of practices of Papists against the State and the due execution of the Laws and true levying of the Penalties against them to make known to all the World how causeless those fears and jealousies have been which have been raised against Him and by that so distracted this miserable Kingdom And if this Offer of His Majesty be not consented to in which He asks nothing for which there is not apparent Justice on His side and in which He defers many things highly concerning both Himself and People till a full and peaceable Convention of Parliament which in Justice He might now require His Majesty is confident that it will then appear to all the World not only who is most desirous of Peace and whose fault it is that both Armies are not now disbanded but who have been the true and first cause that this Peace was ever interrupted or these Armies raised and the beginning or continuance of the War and the Destruction and Desolation of this poor Kingdom which is too likely to ensue will not by the most interessed passionate or prejudicate Person be imputed to His Majesty His MAJESTY'S Message to both Houses May 19. in pursuance of the foregoing Message SInce His Majesty's Message of the twelfth of April in which he conceived He had made such an Overture for the immediate Disbanding of all Armies and Composure of these present miserable Distractions by a full and free Convention in Parliament that a perfect and settled Peace would have ensued hath in all this time above a full Month procured no Answer from both Houses His Majesty might well believe Himself absolved before God and Man from the least possible Charge of not having used His utmost endeavour for Peace Yet when He considers that the Scene of all this Calamity is in the Bowels of His own Kingdom that all the Blood which is spilt is of His own Subjects and that what Victory soever it shall please God to give Him must be over those who ought not to have lifted up their hands against Him when He considers that these desperate civil Dissentions may encourage and invite a Foreign Enemy to make a Prey of the whole Nation that Ireland is in present danger to be totally lost that the heavy Judgments of God Plague Pestilence and Famine will be the inevitable Attendants of this unnatural Contention and that in a short time there will be so general a habit of uncharitableness and Cruelty contracted throughout the Kingdom that even Peace it self will not restore His People to their old Temper and Security His Majesty cannot but again call for an Answer to that His Message which gives so fair a Rise to end these unnatural Distractions And His Majesty doth this with the more earnestness because He doubts not the condition of His Armies in several parts His strength of Horse Foot and Artillery His plenty of Ammunition which some Men lately might conceive He wanted is so well known and understood that it must be confessed that nothing but the Tenderness and Love to His People and those Christian Impressions which always have and He hopes always shall dwell in His heart could move Him once more to hazard a Refusal And He requires them as they will answer to God to Himself and all the World That they will no longer suffer their fellow-Subjects to welter in each others Blood that they will remember by whose Authority and to what end they met in that Council and send such an Answer to His Majesty as may open a door to let in a firm Peace and Security to the whole Kingdom If His Majesty shall again be disappointed of His Intentions herein the Blood Rapine and Distraction which must follow in England and Ireland will be cast upon the Account of those who are deaf to the motion of Peace and Accommodation CHARLES R. May 19. 1643. OUR express Pleasure is That this Declaration of the Lords and Commons of Parliament assembled at Oxford be read by the Parson Vicar or Curate in every Church and Chapel within Our Kingdom of England and Dominion of Wales MDCXLIV April 15. The Petition of the Lords and Commons of Parliament assembled at Oxford Presented to His MAJESTY the day before the Recess And His MAJESTY'S Gracious Answer to the same To the Kings most excellent
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
Estates of the Parliament in Scotland or the said Commissioners of that Kingdom whereof they are Subjects and that in those cases of joynt concernment to both Kingdoms the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdoms 4. To order the War of Ireland according to the Ordinance of the 11 th of April and to order the Militia and conserve the peace of the Kingdom of Ireland XVIII That His Majesty give His assent to what the two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished XIX That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the great Seal deserted the Parliament and that the said great Seal was surreptitiously conveyed away from the Parliament being the 21. day of May 1642. and who shall be hereafter made shall not sit or Vote in the Parliament of England without consent of both Houses of Parliament and that all Honour and Title conferred on any without consent of both Houses of Parliament since the 20. day of May 1642. being the day that both Houses declared That the King seduced by evil Counsel intended to raise War against the Parliament be declared null and void The like for the Kingdom of Scotland those being excepted whose Patents were passed the great Seal before the 4. of June 1644. XX. That by Act of Parliament the Deputy or chief Governour or other Governours of Ireland be nominated by both Houses of Parliament or in the Intervals of Parliament by the Commissioners to continue during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting And that the Chancellor or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-Ports Chancellors of the Exchequer and Dutchy Secretaries of State Judges of both Benches and of the Exchequer of the Kingdoms of England and Ireland be nominated by both Houses of Parliament to continue quamdiu se bene gesserint and in the Intervals of Parliament by the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland adding the Justice General and in such manner as the Estates in Parliament there shall think fit XXI That by Act of Parliament the Education of Your Majesty's Children and the Children of Your Heirs and Successors be in the true Protestant Religion and that their Tutors and Governours be of known Integrity and be chosen by the Parliaments of both Kingdoms or in the Intervals of Parliaments by the aforenamed Commissioners to be approved or disallowed by both Parliaments at their next sitting and that if they be Male they be married to such only as are of the true Protestant Religion if they be Female they may not be marryed but with the advice and consent of both Parliaments or in the Intervals of Parliament by their Commissioners XXII That Your Majesty will give Your Royal Assent to such ways and means as the Parliaments of both Kingdoms shall think fitting for the uniting of the Protestant Princes and for the entire Restitution and Re-establishment of Charles Lodwick Prince Elector Palatine His Heirs and Successors to His Electoral Dignity Rights and Dominions Provided that this extend not to Prince Rupert or Prince Maurice or the Children of either of them who have been the Instruments of so much blood-shed and mischief against both Kingdoms XXIII That by Act of Parliament the concluding of Peace or War with Foreign Princes and States be with advice and consent of both Parliaments or in the Intervals of Parliaments by their Commissioners XXIV That an Act of Oblivion be passed in the Parliaments of both Kingdoms respectively relative to the Qualifications in the Propositions aforesaid concerning the joint Declaration of both Kingdoms with the exception of all Murderers Thieves and other Offenders not having relation to the War XXV That the Members of both Houses of Parliaments or others who have during this Parliament been put out of any Place or Office Pension or Benefit for adhering to the Parliament may either be restored thereunto or otherwise have Recompence for the same upon the humble desire of both Houses of Parliament The like for the Kingdom of Scotland XXVI That the Armies may be Disbanded at such time and in such manner as shall be agreed upon by the Parliaments of both Kingdoms or such as shall be Authorized by them to that effect XXVII That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Mis-user or Abuser That the Militia of the City of London may be in the ordering and Government of the Lord Major Aldermen and Commons in Common-Council assembled or such as they shall from time to time appoint whereof the Lord Major and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the weekly Bills of Mortality may be under Command of the Lord Major Aldermen and Commons in Common-Council of the said City to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removable by the Common-Council That the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent and that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future And for prevention of Inconveniences which may happen by the long intermission of Common-Councils it is desired that there be an Act that all By-Laws and Ordinances already made or hereafter to be made by the Lord Major Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating of the same shall be as effectual in Law to all intents and purposes as if the same were particularly enacted by the Authority of Parliament and that the Lord Major Aldermen and Commons in Common-Council may add to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their farther Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament Upon consideration of which Propositions His Majesty sent the Duke of Richmond and the Earl of Southampton with this Message of the 13. of December HIS Majesty hath seriously
John Earl of Lowdon Lord Chancellour of Scotland Archibald Marquess of Argyle John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir John Smith Mr. Hugh Kennedy and Mr. Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion or with any Ten or more of them upon and touching the matters contained in the said Propositions Answers and Messages or any other according to the manner and agreement therein specified or otherwise as they or any Ten or more of them shall think fit and to take all the premises into their serious considerations and to compose conclude and end all differences arising thereupon or otherwise as they or any Ten or more of them in their wisdoms shall think fit and upon the whole matter to conclude a safe and well-grounded Peace if they can And whatsoever they or any Ten or more of them shall do in the premises We do by these presents ratifie and confirm the same Given at Our Court at Oxford the eight and twentieth day of January in the Twentieth year of Our Reign 1644. Their Commission to the English Commissioners Die Martis 28. January 1644. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyn with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only to Treat with the Lord Duke of Richmond the Marquess of Hartford the Earl of Southampton the Earl of Kingston the Lord Dunsmore Lord Capel Lord Seymour Sir Christopher Hatton Sir John Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardiner Master John Ashburnham and Master Jeffrey Palmer or any Ten of them upon the Propositions formerly sent to His Majesty for a safe and well-grounded Peace from His Majesty's humble and Loyal Subjects assembled in the Parliaments of both Kingdoms together with Doctor Steward upon the Propositions concerning Religion only and upon His Majesty's Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Jo. Browne Cler. Parliam Their Commission to the Scots Commissioners AT Edenburgh the saxteÃnt day of Julii the Èeir of God M. Vj c fourty four Èeires The Estaites of Parliament presentlie conveined be vertew of the last act of the last Parliament haldin by His Majesty and thrie Estaites in Anno 1641. considdering that this Kingdome efter all uther meanes of supplicationnes Remonstrances and sending of Commissionaris to His Majesty have bein used without successe did enter into a solemne League and Covenant with the Kingdom and Parliament of England for Reformationne and defence of Religionne the Honor and Happines of the King the Peace and Safety of the thrie Kingdoms of Scotland England and Ireland and ane Treattie aggried upon and ane Armie and Forces raised and sent out of yis Kingdom for these endis Quhairupone the Conventionne of Estaites of this Kingdome the nynt of Jannuary last being desirous to use all good and lawful meanes that Treuth and Peace might be established in all His Majesty's Dominions with such a blessed Pacificationne betwixt His Majesty and His Subjectis as might serve most for His Majesty's trew Honor and the Safety and Happines of His People granted Commissione to Johne Erle of Lowdonne Heigh Chancellor of Scotland Johne Lord Maitland than and Èit in England Sir Archibald Johnestounne of Wariestounne ane of the Lordis of Sessionne and Maister Robert Barclay now in England to repaire to England with powar to thame or any twa of yame to endeavoure the effectuating of ye foirsaides endis conforme to the Commissione and Instructiones than givin to thame as the Commissione of the dait foirsaid proportis Lyke as the saides Johne Lord of Maitland Sir Archibald Johnestounne and Maister Robert Barclay have evir sinceattendit in England in the discharge of the foirsaid Commissione qunhil lately that Sir Archibald Johnestounne returned with some Propositiones prepaired by the Committie of both Kingdomes to be presented to the Estaites of Scotland and to both Howss of the Parliament of England and by thame to be revised and considderit and than by mutual advyse of both Kingdomes to be presented for ane safe and weill-grounded Peace Qwhilkies Propositiones ar revised and considderit and advysed be the Estaites of Parliament now conveined and their sense and resultis drawin up yrupone Whiche Commissione is to endure while the comming of the Commissionaris underwrittin And heirewith also considderin that the endis for the whilk the samen was granted ar not Èit effectuate and that the Propositiones with ye Estaites thair resultis yrupone ar to be returned toye Parliament of England thairfore the Estaites of Parliament be thir presentis gives full powar and Commissione to the said Johne Erle of Lowdonne Lord heigh Chancellor of yis Kingdome Archibald Marqueis of Arg yle and Johne Lord Balmerino for the Nobility Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Maister George Dundas of Maner for the Barrones Sir Johne Smyth of Grottel Proveist of Edenburgh Hew Kennedy Burges of Air and Master Robert Barclay for the Burrowes the thrie Estaites of yis Kingdom and to Johne Lord Maitland supernumerarie in this Commissione or to any thrie or mae of the haill number thair being ane of ilk Estaite as Commissionaris from the Estaites of Parliament of this Kingdome to repaire to the Kingdome of England sick of them as ar not thair already and with powar to thameor any thrie or mae of the whole number thair being ane of ilk Estaite to endeavour the effectuating of ye foirsaides endis the concluding of the Propositions with the Estaites th aire results thairupon and all such uyr materis concerning the good of bothe Kingdomes as ar or sall be from time to time committed unto thame be the Estaites of yis Kingdome or Committies thairof according to the Instructiones givin or to be givin to the Commissionaris abovenameit or thair quorums And for this effect the Estaites Ordeanes Johne Erle of Lowdonne Chancellor Johne Lord Balmerino Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Hew Kennedy repaire with all diligence to the Kingdome of England to the essect before rehearsit conforme to this Commissione and Instructiones As also the Estaites Ordeanes ye saides Archibald Marqueis of Argyle Maister George Dundas of Maner and Sir Johne Smyth Proveist of Edenburgh to repaire to ye Kingdome of England with all sick conveniencie as the occasione of
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
your Lordships are not satisfied that such Words as we have charged him with were spoken by him we are ready to produce the proof thereof to your Lordships Their further Answer 1. February WE will represent both your Lordships Papers concerning Master Love unto the Lords and Commons assembled in the Parliament of England at Westminster who will proceed therein according to Justice In the next place according to the order before mentioned do follow the Passages and Papers concerning Religion Their Paper 31. January ACcording to the Paper delivered by us to your Lordships yesternight we do now offer these Propositions following which concern Religion That the Bill be passed for abolishing and taking away of all Arch-Bishops Bishops c. according to the Third Proposition That the Ordinances concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament That the Directory for Publick Worship already passed both Houses of the Parliament of England and the Propositions concerning Church-Government hereunto annexed and passed both Houses be enacted as a part of Reformation of Religion and Uniformity according to the Fifth Proposition That His Majesty take the Solemn League and Covenant and that the Covenant be enjoyned to be taken according to the Second Proposition To this was annexed the following Paper of the 31. January That the ordinary way of dividing Christians into distinct Congregations and most expedient for Edification is by the respective bounds of their Dwellings That the Minister and other Church-Officers in each particular Congregation shall joyn in the Government of the Church in such manner as shall be established by Parliament That many particular Congregations shall be under one Presbyterial Government That the Church be governed by Congregational Classical and Synodical Assemblies in such manner as shall be established by Parliament That Synodical Assemblies shall consist both of Provincial and National Assemblies The King's Commissioners Paper 1. February HAving considered your Lordships Paper containing the Propositions concerning Religion with the Paper annexed and finding the same to contain absolute Alterations in the Government both of the Ecclesiastical and Civil State we desire to know whether your Lordships have power to Treat and debate upon the said Propositions and upon debate to recede from or consent to any Alterations in the said Propositions if we shall make it appear to be reasonable so to do or whether your Lordships are bound up by your Instructions to insist upon the Propositions without any Alteration Their Answer 1. February OUR Paper given in to your Lordships concerning Religion doth contain no Alterations but such as are usual in a time of Reformation and by the wisdom of the Parliaments of both Kingdoms are judged necessary at this time for settling Religion and Peace And as by our Commissions and Papers formerly shewed your Lordships we have made known our Power to Treat upon them so are we ready by Debate to shew how reasonable they are and that there will be no reason to expect that we should alter or recede from them But as for your demand of our shewing what farther Power we have by our Instructions it is that we have no warrant to do as we have already signified to your Lordships by a former Paper The King's Commissioners Paper 1. February YOUR Lordships first Proposition in the Paper concerning Religion referring to the Third Proposition sent to His Majesty we find that refers to the Articles of the late Treaty of the date at Edenburgh 29. Nov. 1643. and to the joynt Declaration of both Kingdoms We desire your Lordships we may see those Articles and Declarations and your Lordships second Proposition in that Paper referring to the Ordinances concerning the Calling and sitting of the Assembly of Divines we desire to see those Ordinances Their Answer 1. Feb. ACcording to your Lordships desire in the third Paper we now deliver in the Articles of the late Treaty of the date at Edenburgh 29. of November 1643. and the joynt Declaration of both Kingdoms and we shall speedily deliver to your Lordships the Ordinances concerning the Calling and sitting of the Assembly of Divines The King's Commissioners Paper 1. Feb. VVE desire to know whether the Propositions which we have received from your Lordships touching Religion be all we are to expect from you upon that Subject Their Answer 1. Feb. THere are other things touching Religion to be propounded by us unto your Lordships upon the Propositions formerly sent unto His Majesty from the Parliaments of both Kingdoms which we shall in due time give in unto your Lordships But we do first desire your Answer to the Paper touching Religion given in yesterday that some good progress may be made therein before the three days assigned to Treat upon Religion in the first place do expire The King's Commissioners Paper 1. Feb. VVE desired to know whether the Propositions we formerly received from your Lordships concerning Religion were all that would be offered concerning that Subject because we thought it very necessary since so great Alterations are proposed by you to have a full view of the whole Alterations that are desired since in an Argument of the greatest weight and highest importance we cannot possible give a present Judgment of any part till we have a prospect of the Whole But since your Lordships do not yet think it time to let us have a sight of the rest but first desire our Answer to the Paper delivered yesterday which contains many particulars of which we never heard before we shall apply our selves to understand the things proposed by you in such manner as we may return your Lordships a speedy Answer and to that purpose must desire your Lordships information in some particulars which are comprized in your Lordships paper And when your Lordships consider that the Directory for Worship being so long was delivered to us but yesterday that the Covenant the Articles of the Treaty of Edenburgh the Declaration of both Kingdoms which are comprehended within the First Proposition were delivered to us but this day and therefore we could return no Answer concerning the Bill for abolishing Arch-bishops and Bishops which is proposed to be passed according to the Third Proposition in which the said Articles and Declarations are comprehended and that the Ordinances for the Sitting of the Assembly are not yet delivered unto us we are confident your Lordships will not think us negligent in making as good a progress in the Treaty upon Religion as is in our power which we shall endeavour to advance with all diligence and the best of our understanding Afterwards the same first of February the Ordinances for the Assembly of Divines were delivered in After some debate touching the nature of the Church Government intended by the Paper annexed to the first Paper upon the Subject of Religion which are here before set down the Kings Commissioners delivered in this following Paper 1. Feb. THE Information we
desire from your Lordships for the present is Whether by the Words in the first of those Propositions in your Lordships Paper annexed the respective bounds of their Dwellings you intend the several bounds of their dwelling Houses or the bounds of Parishes or whether you intend an alteration of the bounds of Parishes In the second Proposition What other Church-Officers your Lordships intend shall joyn with the Ministers in the Government of the Church and what Jurisdiction they shall exercise in order to that Government and from whom they shall derive it and in what degree be subordinate to the power from whom they derive it and what you intend by Presbyterial Government in your third Proposition In the fourth Proposition What your Lordships intend by Congregational Classical and Synodical Assemblies How Synodical Assemblies Provincial and National shall be constituted as to Persons and Causes and what shall be the bounds and limits of their Jurisdiction and from whom the several Jurisdictions above mentioned shall be derived To these particulars we would be glad if your Lordships think it fit to receive satisfaction by Debate where Questions may be asked and Replies made before any Answer be returned in writing which may ask much time and be less satisfactory but we refer the way to your Lordships Their Answer 1. Feb. VVE cannot but be sensible of the great loss of time occasioned by your Lordships Questions for Information in your last Paper and shall have small hopes of good success in this Treaty having these two days made so little progress unless your Lordships be pleased to give us full Answers to our Demands concerning Religion Yet to give all satisfaction with as little expence of time as may be we are ready by present Conference to clear the Questions in your Paper The King's Commissioners Reply in two several Papers next following 2. Feb. VVE conceive there was no cause your Lordships should apprehend any loss of time occasioned by our Questions for that your Propositions concerning Religion were not delivered to us till Friday last and the Directory then delivered with them so long that the reading of it spent the residue of that day and divers other Papers to which the Propositions referred and without which we could not consider them were not delivered us before yesterday and some of them not till after the Paper which imputes a delay to us and your Lordships having propounded only general heads of a Presbyterial Government without any particular Model of it which in several Reformed Churches as we are informed is various both in Names and Powers it was necessary to understand the particular expressions in your Paper the Alteration desired being so great and being proposed to be enacted which will require His Majesty's Consent whom we ought to satisfie having so great a Trust reposed in us And we desire your Lordships to consider how impossible it hath been for us to give your Lordships in less than two days a full Answer which in your last Paper you require to what you propose which is in effect to consent to the utter abolishing of that Government Discipline and publick Form of the Worship of God which hath been practised and established by Law here ever since the Reformation and which we well understand and the Alteration of which in the manner proposed takes away many things in the Civil Government and provides no remedy for the Inconveniences which may happen thereby And to consent to the Alienation of the Lands of the Church by which for ought appears besides infinite other Considerations so many Persons may be put to beg their Bread to oblige His Majesty and all His Subjects to the taking a new Oath or Covenant and to receive and consent to a new Government we do not nor without information cannot understand and which in truth appears to us by your Lordships Propositions not to be yet agreed upon in the particulars and your Lordships having declared to us that you have other things to propose to us concerning Religion which you do not yet think it fit time to acquaint us withal Notwithstanding all which difficulties we shall proceed with all possible expedition and desire your Lordships will not object Delays to us till we give you just occasion February 2. THAT we may make a right use of the Information your Lordships were pleased yesterday to afford us in debate upon the questions proposed by us concerning the Propositions in your Lordships Paper annexed for the future Government of the Church and so have some understanding of that Government intended by your Lordships in place of that you propose to be abolished we desire to receive your Lordships Answer in writing whether these short Collections upon the Debate yesterday be the Sum of your Lordships Resolutions or Informations upon the Questions formerly proposed by us We conceive that the information given to us in debate by your Lordship 's to the Questions we proposed to you in writing was 1. That the Congregational Assemblies consist of the Ministers and Ruling Elders 2. That the Classical Assemblies consist of many Congregational Assemblies 3. That the Provincial Assemblies are constituted to the several Classical Assemblies 4. That all these Congregational Classical and Provincial Assemblies together constitute a National Assembly 5. That the Authority and Jurisdiction of the several Assemblies shall be setled by Parliament And if your Lordships have any thing else to inform us concerning this Government we desire to receive the same from your Lordships The Kings Commissioners Paper 3. February VVE are readyby present Conference to enter upon consideration of your Lordships First Proposition concerning Religion and shall desire to receive or give satisfaction whereby we may be of one mind in that Argument And for the better entering into this Debate we desire to know whether in respect of Alteration mentioned in the Third Proposition to be made in the Bill for abolishing Episcopacy you would have this individual Bill pass or not Their Answer 3. Feb. VVE desire the Bill for the utter abolishing of Episcopacy which now remains with His Majesty may be passed without prejudice to us to insist upon the Alterations mentioned in the Third Proposition and we are ready to give your Lordships a present Conference upon the First proposition concerning Religion according to your desire After a Conference wherein much time was spent in debate concerning that individual Bill which was presented for abolishing Episcopacy their Commissioners delivered this Paper 3. February VVE desire your Lordships Answer to our Demands upon the Propositions for Religion and in the first place to the Bill for abolishing of Episcopacy which hath been so much debated that upon the expiring of the first three days appointed to Treat concerning Religion we may be able to return such an account to the Parliaments of both Kingdoms as may give them hopes of a happy progress in this Treaty The King's Commissioners Answer 3. Feb. VVE conceive
approbation and consent of the Presbyters or the major part of them That competent maintenance and provision be established by Act of Parliament to such Vicarages as belong to Bishops Deans and Chapters out of the Impropriations and according to the value of those Impropriations of the several Parishes That for the time to come no Man shall be capable of two Parsonages or Vicarages with Cure of Souls That towards the settling of the publick Peace one hundred thousand pounds shall be raised by Act of Parliament out of the Estates of Bishops Deans and Chapters in such manner as shall be thought fit by the King and two Houses of Parliament without the Alienation of any of the said Lands That the Jurisdiction in Causes Testamentary Decimal Matrimonial be settled in such manner as shall seem most convenient by the King and two Houses of Parliament And likewise that one or more Acts of Parliament be passed for regulating of Visitations and against immoderate Fees in Ecclesiastical Courts and the abuses by frivolous Excommunications and all other abuses in the exercise of Ecclesiastical Jurisdiction in such manner as shall be agreed upon by His Majesty and both Houses of Parliament And if your Lordships shall insist upon any other thing which your Lordships shall think necessary for Reformation we shall very willingly apply our selves to the consideration thereof 13. February FOR the confirmation of the Ordinances concerning the Calling and Sitting of the Assembly of Divines and the taking the Covenant we conceive neither of them need be insisted on if the alterations of Church-Government be agreed upon between us and if they be not it will not be reasonable that we consent to those Ordinances And for the Covenant we cannot advise His Majesty to swear and sign the same nor consent that an Act of Parliament should pass for enjoyning the taking thereof by His Majesty's Subjects 13. February VVE do not yet conceive that the Directory for publick Worship delivered to us by your Lordships ought to be enacted or that it is so likely to procure and preserve the Peace of this Kingdom as the Liturgy or Common-Prayer-Book already established by Law against which we have not yet received from your Lordships any Objections which Liturgy as the same was compiled by many Learned and Reverend Divines of whom some dyed Martyrs for the Protestant Religion we conceive to be an Excellent Form for the Worship of God and hath been generally so held throughout this Kingdom till within these two or three years at the most And therefore since there are no Inconveniences pretended to arise from the Book of Common-Prayer to which we conceive the Directory is not more liable and since there is nothing commendable in the Directory which is not already in the Book of Common-Prayer we conceive it much better and more conducing to the Peace of this Kingdom still to observe the said Form with such Dispensations as we have expressed in our first Paper now presented to your Lordships and if there shall be any Alterations proposed by your Lordships of such particulars in the Book of Common-Prayer as good men are scrupled at we shall willingly endeavour to give your Lordships satisfaction in those particulars but as yet can make no further or other Answer than we have already done but shall be ready to receive such Objections as your Lordships shall think fit to make against the Book of Common-Prayer and your Reasons for introducing the Directory And for the Proposition concerning Church-Government annexed to your first Paper we have no Information how that Government shall be constituted in particular or what Jurisdiction shall be established or by whom it shall be granted or upon whom it shall depend And therein also we desire further Information from your Lordships 13. February VVE desire to see the Bills for the Observation of the Lord's day for suppressing of Innovations in Churches and Chapels and for the better advancement of the Preaching of God's Holy Word which are mentioned in your Lordships Paper of the 11. of Febr. we being very ready to consent to the subject Matter of those Bills We have expressed in our Paper delivered to your Lordships what we conceive fit to be done in the business of Pluralities which will prevent any inconveniences that way And when your Lordships shall give us your Demands concerning Papists and when we shall see the Acts for the regulating and reforming of both Universities of the Colleges of Westminster Winchester and Eaton and for the Education and Marriage of His Majesty's Children and the Children of His Heirs and Successors in the true Protestant Religion we shall give your Lordships such Answers as shall be fit being very willing to concur with your Lordships in any good means for the suppressing of Popery and advancement of the Protestant Religion And we are well assured that His Majesty hath taken a pious care for the Education of all His Children in the true Protestant Religion and having already married one of His Children to the satisfaction we conceive of all His good Subjects we are confident in due time His Majesty will so dispose of the rest in Marriage as shall be most for the advancement of Religion and the good and welfare of all His Dominions Their Answer to the First 13. February VVHereas we expected your Lordships resolution for His Majesty's assent unto the Bill for the utter Abolishing of Arch-Bishops Bishops c. we find by your Paper given in this Evening that your Lordships are not yet satisfied that the Bill should pass and you are pleased to express several Reasons and Objections against it which were at large answered and cleared at the publick Debate But what was then said by us is now by your Lordships wholly omitted nor may we in writing represent it again unto your Lordships it not being agreeable to the usage of Parliament to deliver Reasons for or against a Bill though we were willing by Conference in the Treaty to satisfy all doubts and remove all scruples which remained with you And so far were we from consenting that Episcopacy hath continued from the Apostles times by continual Succession that the contrary was made evident unto your Lordships and the Unlawfulness of it fully proved And as for that which your Lordships have propounded for uniting and reconciling all differences in the matter of Religion it is a new Proposition which wholly differs from ours is no way satisfactory to our desires nor consisting with that Reformation to which both Kingdoms are obliged by their solemn Covenant therefore we can give no other Answer to it but must insist to desire your Lordships that the Bill may be past and our other Demands concerning Religion granted The King's Commissioners Reply thereunto 13. February VVE conceive that our Answer to your Lordships concerning the Bill for the utter Abolishing of Arch-bishops Bishops c. was so reasonable that it clearly appears thereby that the passing that
individual Bill is not agreeable to Conscience and Justice and that it would be very prejudicial to the Civil State and to the Peace of the Kingdom neither have the Reasons and Objections given by us against it first in Debate and since in Writing been answered in Debate by your Lordships And therefore we know no reason why your Lordships may not give an Answer to those Objections in Writing For as it is not agreeable to the usage of Parliaments for the two Houses to give His Majesty Reasons why he should pass any Bill presented by them so it is no more agreeable to the same usage for His Majesty to give Reasons why He doth not pass Bills so presented But we desire your Lordships to consider that we are now in a Treaty and we conceive the proper business thereof to be for your Lordships to give us Reasons why His Majesty should consent to the Propositions made by you or for us to give Reasons to your Lordships why we cannot consent to those Propositions otherwise it would be only a Demand on your Lordships part and no Argument of Treaty between us And we must profess to your Lordships that as we conceived in our former Paper the Succession of Episcopacy by Succession from the Apostles time was consented to on all parts so we cannot remember that the contrary thereof was so much as alledged much less that the Unlawfulness thereof was proved the Question of the Lawfulness thereof having never yet come in debate And we shall be very ready to receive any assertion from your Lordships to that purpose not doubting but we shall give your Lordships full satisfaction in that point And we conceive the Alterations proposed by us to your Lordships to be a very proper Answer to your Lordships Propositions and most agreeable to the end for which those Propositions seem to be made And that since it appears that the utter abolishing of Episcopacy in the manner proposed is visibly inconvenient and may be mischievous the Regulating of Episcopacy being most consonant to the Primitive Institution will produce all these good effects towards Peace and Unity which Regulated Episcopacy is the sum of our former Paper we desire your Lordships to consent to the same And we again offer to your Lordships that if you shall insist upon any other things necessary for Reformation we will apply our selves to the consideration thereof Their Answer to the Second 13. Feb. VVE conceive your Lordships second Paper this day delivered to us is a Denial of our Demands that the Ordinance for the Calling and Sitting of the Assembly of Divines be confirmed by Act of Parliament and that His Majesty take the solemn League and Covenant and the Covenant be enjoyned to be taken according to the Second Proposition Wherein if we mis-conceive your Lordships intention we desire you would explain the meanings and accordingly shall make our reports to the Parliaments of both Kingdom The King's Commissioners Reply 13. Feb. COncerning the Ordinances for the Calling and Sitting of the Assembly of Divines and the taking the Covenant we can give no farther Answer than we have done in our second Paper delivered to your Lordships this day Their Answer to the Third 13. Feb. VVE do conceive your Lordships third Paper is a Denial of our Demands concerning the Directory for publick Worship and the Proposition for Church-Government against which your Lordships have made no Objection and your Queries are already satisfied by Conference And we shall accordingly make our reports to the Parliaments of both Kingdoms The King's Commissioners Reply 13. Feb. OUR expressions in our Answer to your Lordships Demands concerning the Directory for publick Worship import only what we as yet conceive concerning that matter there having hitherto been no debate touching the same or concerning the Common-Prayer-Book now established by Law and thereby intended to be abolished And therefore we did in that Paper and do still desire to receive your Lordships Objections against the Book of Common-Prayer and your Reasons for introducing the Directory Neither can our Answer to the Propositions for Church-Government annexed to your first Paper be otherwise taken than as our desire to receive information how that Government should be constituted in particular and what Jurisdiction should be established by whom granted and upon whom it should depend which Queries were not satisfied by any Conference your Lordships as we conceive having declared your selves that the particular form or model of that Government mentioned in those Propositions only in General were not then particularly agreed on and we have since desired and expect to receive it and therefore your Lordships cannot conceive we have denied that which we have not yet seen nor been informed of Their Answer to the Fourth 13. Feb. TO your Lordships Fourth Paper we Answer The Bill for suppressing of Innovations in Churches and Chapels 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 against the enjoying of Pluralities of Benefices by Spiritual Persons and Non-residency were heretofore presented to His Majesty and remain with him and we herewith deliver to your Lordships the Ordinance for the due observation of the Lord's day and we insist on our former Demands concerning them And when your Lordships have given us your full Answers to our desires already with you concerning Religion we then shall deliver unto your Lordships our Demands concerning Papists the regulating the Universities the Education and Marriage of His Majesty's Children in the true Protestant Religion contained in our Paper of the 11. of this instant February The King's Commissioners Reply 13. Feb. VVE have not the Bills here which we desired of your Lordships in our Fourth Paper to see and which you now say were heretofore presented to His Majesty But we shall take speedy care to have those Bills if they remain with His Majesty and in the mean time desire your Lordships to give us Copies of them and we shall give your Lordships a speedy Answer as we shall to the Ordinance for the due observation of the Lord's Day which we received from your Lordships this night and had never before seen and we shall be ready to receive your Lordships Demands concerning Papists the regulating the Universities the Education and Marriage of His Majesty's Children and shall return our Answers accordingly This last Paper concluded the six days appointed for the Treaty upon Religion according to the Order prescribed for disposing the first 18. days of the 20. for the Treaty In the end of which 18. days after some Papers mutually delivered concerning the manner how the two last days should be disposed this Subject of Religion with the two others were again resumed and their Papers following were then delivered in concerning Religion Their Paper 21. Feb. VVHereas your Lordships in your last Paper of Feb. 13. were pleased to say that as
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
time such a mutual Confidence may be begot betwixt His Majesty and all His People that the Peace will be firm and lasting That the Commissioners before their entrance upon the said Trust shall take an Oath for the due execution of the said Commission and that after the expiration of the said term of three years from the time of the issuing the said Commission they shall not presume to continue any execution of the said Authority and it shall be high Treason in any of them to execute the said Authority after the expiration of the said three years And all the Commanders in chief of the Garrisons Forts and His Majesty's Ships shall likewise take an Oath for the due execution of their Trust That the Commissioners shall have Power to prevent the violation of the Articles of Peace or any Troubles arising in the Kingdom by breach of the said Articles and to hear and determine all differences that may occasion the same We shall be willing that any just Privileges and Immunities be granted by His Majesty to the City of London as being the chief City of this Kingdom and the place His Majesty desires to honour with His most usual and most constant Residence But we conceive it too envious a thing and may prove very prejudicial to the Happiness of that great City to distinguish it in a matter of so high importance as the business of the Militia from the Authority that the whole Kingdom is to submit to If your Lordships shall not consent to the election of persons in that manner as we have proposed half by His Majesty and the other half by the two Houses we do then propose to your Lordships that the said persons who shall have the said Powers in manner and form above mentioned may be named by mutual consent upon Debate between us in which consideration may be taken of the fitness or unfitness of those who shall be named And in case that any of them who shall be thus agreed upon shall die within the said term of three years the survivers or the major part of them shall nominate and chuse another in his place who shall be deceased This way we should most have desired but in regard the consideration of persons may take up a long time in debate which neither the time allotted for the Treaty nor the present Distractions will permit we do propose the former as the most expedite and certain way but leave the election to your Lordships And whatsoever shall be found deficient in the settling this according to the present Agreement or shall be thought fit to be added to it upon any inconveniencies or defects that shall be hereafter discovered the same shall be mended or supplyed in such manner as shall be thought reasonable by the joynt Consent of His Majesty and the two Houses of Parliament After which the King's Commissioners delivered in this Paper 6. Feb. WE shall be ready against the time that the Militia is again in order to be Treated upon to give your Lordships an Answer to your Demands concerning the Militia of the Kingdom of Scotland the which for the present we have not had time to do having wholly spent these three days in the perfecting the Paper delivered to your Lordships this day and the Debates in preparation thereof And at the same time their Commissioners delivered in this Paper 6. Feb. YOUR Lordships Paper which we have received so late at the end of the third day appointed to Treat upon the Militia on which we expected a satisfactory Answer to our Demands concerning it is very far differing from what we have proposed and unsatisfactory to our just and necessary desires for securing the Peace of the Kingdoms and wherein we cannot but observe that the Kingdom of Scotland is wholly omitted We do therefore insist upon our Paper formerly delivered concerning the Militia and desire your Lordships full and clear Answer being ready by Conference to remove all Objections which may be made to the contrary The King's Commissioners Answer thereupon 6. Feb. VVE conceive the Paper delivered by us to your Lordships may justly satisfie your Lordships for the securing the Peace of this Kingdom against all Forces that may any ways endanger it at home or from abroad and for securing the performance of all things that shall be agreed in this Treaty and we are ready by Conference to make the Reasonableness thereof appear and to receive any Reasons from your Lordships to the contrary And as touching Scotland we hope your Lordships will be satisfied by the last Paper we delivered to you Their Paper 6. Feb. IN our last Paper we insisted upon our former demands for the Militia and offered by Conference to satisfie your Lordships of the Reasonableness of them if any Doubts remained with you to the contrary which we are still ready to do they being the proper Subject of this part of the Treaty And whereas your Lordships have in your Paper referred what concerns the Kingdom of Scotland unto another time and seem to intend it a several Answer both Kingdoms being united in the same Cause and under the same Danger and mutually providing for the joynt Safety and Security of both and each other our Propositions are joyntly made by both and are inconsistent with a divided Answer The King's Commissioners Answer 6. Feb. WHereas your Lordships have offered in your last Paper to satisfie us by Conference of the Reasonableness of your Demands if any Doubts remain with us to the contrary We desire to receive satisfaction by Conference that it is reasonable for us to grant the nomination of the Persons by the two Houses only and that the Time ought not to be limited Their Paper 6. Feb. AS we have given to your Lordships our Propositions for the Militia of both Kingdoms in writing so do we again desire your Lordships full and clear Answer to them both in writing and we are ready to answer any Doubts you shall make upon them in order as we delivered them and as they do relate to both Kingdoms but we cannot Treat upon your Lordships Answer which divides them The three first day allotted for the Treaty upon the Militia being spent and that Subject resumed upon Friday the 14 th Saturday the 15 th and Monday the 17 th of February in those days divers Papers were delivered and some Debates had touching the nomination of the Persons who were to be intrusted with the Militia whether they should all be nominated by the two Houses only and touching the Time how long they should have it and whether the same should be unlimited as it was in the Propositions or be limited to a certain time as likewise concerning the Powers of the English and Scotish Commissioners for the Militia which are so intermingled in the Propositions that it was not well understood upon the Propositions how far the Commissioners of one Kingdom and their Power might extend unto and have influence
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
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
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
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
no Answer to us whether any Commission be now on foot or other Authority given by his Majesty for any Peace or Cessation of Arms in Ireland other then that which determines in March next nor to our desire that no Cessation of Arms or Peace in Ireland may be Treated upon or concluded without consent of both Houses of the Parliament of England nor do we understand why your Lordships should delay your Answer herein till the Peace in England be concluded since it hath been so clearly manifested to your Lordships by the true meaning of the Act passed by His Majesty this Parliament that His Majesty can make no Peace nor Cessation without the Consent of the two Houses and that your Lordships satisfactory Answer to this and our other Demands concerning Ireland will much conduce to the settling the Peace of this Kingdom We therefore again desire your Lordships full and clear Answer to the particulars expressed in our sixth and seventh Papers yesterday delivered to your Lordships The King's Commissioners Answer 20. Febr. VVE do not hold our selves any ways obliged to answer your Lordships Demand whether any Commission be on foot or other Authority from His Majesty for a Peace or Cessation of Arms in Ireland that Question not arising upon any Propositions on His Majesties part yet for your Lordships satisfaction we do again assure you we do not know there is any Peace or Cessation made there other than that which determines in March next But what Commission the Marquess of Ormond as Lievtenant of Ireland or General of the Forces there hath to that purpose we do not know and therefore cannot inform your Lordships And as to the other particulars in that Paper we do refer our selves to the Answers formerly given in to your Lordships Demands touching that Subject with this that we do conceive it to be most clear that His Majesty is in no wise restrained by express words or by the meaning of any Act made this Parliament from making a Peace or Cessation in Ireland without the consent of the two Houses Their Paper 19. Feb. THere being but three days left to Treat upon the Propositions for Religion the Militia and for Ireland and for that your Lordships have given no satisfactory Answers to our Demands concerning them we therefore now desire to confer with your Lordships how to dispose of the three days yet remaining that we may receive your Lordships full and clear Answers thereunto The King's Commissioners Answer 19. February VVE see no cause why your Lordships should think our Answers upon the Propositions for Religion and the Militia were not satisfactory And for that of Ireland we have received many Papers from your Lordships concerning that business besides the Propositions themselves to all which we doubt not to give a full and clear Answer to your Lordships to morrow being the time assigned and the last day of the Treaty upon that Subject After we shall be ready to confer with your Lordships of disposing the remainder of the time Accordingly after the before-mentioned Demands and Answer thereunto of the 19. of February the King's Commissioners in Answer to theirs of the 18. of February n. 149. delivered in this Paper 20. February VVE have already told your Lordships how far we are from being satisfied by what you have alledged against His Majesties Power to make a Cessation with the Rebels in Ireland neither have your Lordships in any degree answered the important Reasons which induced his Majesty so to do it being very evident that by the Cessation there His Majesties Protestant Subjects have been preserved and subsisted which without it they could not have done the two Houses forbearing to send any relief or supply to them and His Majesty not being able And we desire your Lordships to consider how impossible it was whilst the War continued in England with such fierceness and animosity by Arms to reduce the Kingdom of Ireland to His Majesties Obedience and therefore His Majesty had great reason to preserve that by a Cessation which he could not reduce by a War And we are most confident that the Necessities which are not offered as excuses for but were the real grounds of the Cessation were very visible to all those in that Kingdom whose Advices His Majesty ought in reason to follow and whose Interests were most concerned and would not have given such Advice if any other way could have been found out to preserve them And we have been credibly informed that the Committee sent into Ireland which His Majesty never understood to be sent thither to supply the Necessities but to observe the Actions of His Majesties Ministers there having in their Journey thither signed Warrants in their own names to apprehend the Persons of Peers of this Realm and Persons of His Majesties Privy Council were never discountenanced there for His Majesties directions that Persons who were not of His Privy Council there should not be present at those Councils cannot be interpreted a discountenance to them in any thing they ought to do And we are most assured that His Majesty sent no Message or Letter to divert the course of the Officers subscribing for Land in satisfaction of their Arrears but the Soldiers were meerly discouraged from the same by discerning that for want of Supplies they should not be able to go on with that War And we do assure your Lordships that His Majesty doth not believe that the Sums of Money raised for Ireland which your Lordships do admit to have been made use of by both Houses of Parliament otherwise then was appointed are yet satisfied in any proportion the greatestpart of the Money raised upon the Bill for 400000 l. and of the Moneys raised upon the charitable Collections as well as the Adventurers Moneys being imployed upon the War here and if the same were since satisfied it doth no ways excuse the diverting of them when in the mean time that Kingdom suffered by that diversion and that the fear that other Moneys so raised might likewise be misimployed was a great reason amongst others that made His Majesty not consent to that Bill mentioned by your Lordships And for the Regiments of Horse and Foot which your Lordships in your Paper of the 18. of this Month say were designed for Ireland though they were imployed otherwise because a Commission could not be obtained for the Lord Wharton who was to command those Forces it is well known that those Forces were raised before His Majesties Commission was so much as desired and then the Commission that was desired should have been independent upon His Majesties Lieutenant of that Kingdom and therefore His Majesty had great reason not to consent to such a Commission and so the damages of keeping those six Pinnaces and the 1000 Land-Forces if any such were proceeded not from any default of His Majesty And for the Provisions seized by His Majesties Forces it is notorious that they were seized in the way
to and near Coventry and that it was not made known to His Majesty that the same were for Ireland till after the seizure thereof when it was impossible to recover the same from the Soldiers who had taken them whereas if a safe Conduct had been desired by His Majesty as it ought to have been the same being to pass through his Quarters there would have been no Violence or Interruption offered For the giving the Names of the Persons who subscribed the Letters delivered to your Lordships the Originals of which have been shewed to you by us we have given your Lordships a full and reasonable Answer and if your Lordships will assure us that the giving their Names to you shall be no prejudice to the Persons who did subscribe if at any time any of them shall be found within your Quarters we will forthwith deliver their Names to you otherwise we conceive your Lordships cannot but give credit to that we have said and shewed to you All which we hope hath clearly satisfied your Lordships that the Cessation with the Rebels was neither unjust nor unlawful and that you will proceed to satisfie us by what means the War may be managed in Ireland with probable hope of the preservarion of His Majesties Protestant Subjects there we being very willing to concur with your Lordships in any just and honourable way for the good and settlement of that miserable Kingdom And together with this last the King's Commissioners delivered in this other Paper 20. February HAving given your Lordships clear Reasons why the Cessation which hath been made in Ireland is not in Reason or Justice to be made void and that the making void thereof if the same might be done is not or cannot be for the benefit or advantage of His Majesties Protestant Subjects in that Kingdom so long as the unhappy Wars in this Kingdom continue to the other part of your Lordships first Paper concerning Ireland for the prosecution of the War there to be settled in both Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms and His Majesty to assist we say That it appears by the other Papers delivered to us by your Lordships as the Articles of the Treaty of the sixth of August and the Ordinances of the eleventh of April and ninth of March and otherwise That the intent is that that War shall be managed by a joynt Committee of both Kingdoms and that the Committee of each Kingdom shall have a Negative voice and consequently it is very probable that upon difference of Opinion between them that War may stand still or to the utter Ruin of His Majesties good Subjects there be absolutely dissolv'd For whereas your Lordships say That in case of such Disagreement the Houses of the Parliament of England may prosecute the War as they shall think fit observing the Treaty of the sixth of August 1642. and the Ordinance of the 11. of April your Lordships well know that by that Treaty and that Ordinance the two Houses of the Parliament of England alone cannot prosecute that War that Ordinance of the 11. of April expresly making the Earl of Leven the Scots General Commander in chief of all Forces in that Kingdom both British and Scotish without any reference unto His Majesty or His Lieutenant of that Kingdom and directing that the War shall be managed by the Committee of both Kingdoms without any other reference to the two Houses of the Parliament of England And therefore we cannot consent that such an Act of Parliament be passed for the confirmation of that Treaty or the Ordinance of the 11 of April as your Lordships propose by reason that thereby all His Majesties Authority would be wholly taken away in that Kingdom and in truth that whole Kingdom be thereby delivered into the hands of His Majesties Subjects of Scotland which we conceive is neither just prudent nor honourable to be done And we are of Opinion that it is not agreeable to His Majesties Honour or the Justice and Protection which He ows to His Subjects of His Kingdom of Ireland to put the nomination of His Lieutenant and Judges of that Kingdom out of Himself and to commit the whole Power of that Kingdom to others and to bind Himself to pass all such Acts of Parliament as any time hereafter shall be presented to Him for raising of Moneys and other things necessary for the prosecution of the War in that Kingdom which your Lordships say in your Paper the 9. of this Instant you intend by those words His Majesty to assist in your first Paper And we conceive it cannot be expected that His Majesty should consent to an Act of Parliament for prosecution of the War in Ireland to be managed by the Advice of the Houses of Parliament here and the Estates of the Parliament of Scotland so long as the War in this Kingdom shall continue For these and many other Reasons we conceive it doth appear to your Lordships that the Propositions as they are delivered to us by your Lordships are by no means fit to be consented to and therefore we desire your Lordships to make other Propositions to us which may be for the preservation and relief of His Majesties Protestant Subjects there and for the settlement of that Kingdom in which we shall very readily concur and we shall be very willing that the business of that Kingdom shall after a Peace settled in this be taken into consideration and ordered as His Majesty and both Houses of Parliament here shall think fit Their Answers to these two Papers Their Paper 20. Feb. VVE expected that your Lordships would have been fully satisfied by what we have alledged against His Majesties Power to make the Cessation with the Rebels in Ireland and we cannot find those important Reasons which your Lordships mentioned to have induced His Majesty so to do or that thereby His Majesties Protestant Subjects there have been preserved or subsisted but we have made it evident that this Cessation tended to the utter Destruction of the Protestants in that Kingdom as we conceived was designed by those who advised His Majesty thereunto And we observe your Lordships urge that this Cessation was the only means for the subsistence of the Protestants there when it cannot be denied but that very many of the Protestants in Vlster Munster and Connaught have yet subsisted although they have refused to submit to the Cessation and opposed the same as the means intended for their Ruin And we do affirm unto your Lordships that the two Houses of Parliament have been so far from failing to supply His Majesties good Subjects in that Kingdom that although His Majesties Forces have as much as lay in their power endeavoured to prevent the same and have taken to themselves that which was provided for those whom your Lordships mention to have been in so great Want and Extremity yet the two Houses not discouraged thereby have constantly sent
the Lieutenant and Judges there should be nominated by the two Houses of Parliament as is expressed in the twentieth Proposition who will recommend none to be imployed by his Majesty in places of so great trust but such whose known Ability and Integrity shall make them worthy of them which must needs be best known to a Parliament nor are they to have any greater Power conferred upon them by the granting this Proposition then they have had who did formerly execute those places And we know no reason why your Lordships should make difficulty of his Majesties consenting to such Acts as shall be presented unto him for raising Moneys and other necessaries from the Subject which is without any charge to himself for no other end but the settling of the true Protestant Religion in that Kingdom and reducing it to his Majesties Obedience for which we hold nothing too dear that can be imployed by us And we cannot but wonder that your Lordships should make the prosecution of the War of Ireland which is but to execute Justice upon those bloody Rebels who have broken all Laws of God and Man their Faith their Allegiance all bonds of Charity all rules of Humanity and humane Society who have Butchered so many thousands of Innocent Christians Men Women and Children whose Blood cries up to Heaven for Vengeance so many of his Majesties Subjects whose Lives he is bound to require at their hands that spilt them and to do Justice upon them to put away innocent Blood from himself his Posterity the whole Land these execrable Antichristian Rebels who have made a covenant with Hell to destroy the Gospel of Christ and have taken up Arms to destroy the Protestant Religion to set up Popery to rend away one of his Majesties Kingdoms and deliver it up into the hands of Strangers for which they have negotiations with Spain and other States a War which must prevent so much mischief do so much good offer up such an acceptable Sacrifice to the Great and Just God of Heaven who groans under so much Wickedness to lie so long unpunished a War which must reduce that Kingdom unto his Majesties Obedience the most glorious work that this Kingdom can undertake that the prosecution of such a War your Lordships should make to depend upon any other condition that the Distractions of these Kingdoms should be laid as an impediment unto it and that there should be any thought any thing which should give those Rebels hope of impunity if our Miseries continue whereas according to Christian reason and the ordinary course of God's Providence nothing can be more probable to continue our Miseries then the least connivence in this kind What can be said or imagined should be any inducement to it We hope not to make use of their help and assistance to strengthen any party here to bring over such Actors of barbarous Cruelties to exercise the same in these Kingdoms We desire your Lordships to consider these things and that nothing may remain with you which may hinder his Majesty from giving his Consent to all good means for the reducing of Ireland according to what is desired by us in our Propositions The King's Commissioners Reply to the two last Papers The King's Commissioners Paper 20. February WE are very sorry that our Answers formerly given to your Lordships in the business of the Cessation which was so necessary to be made and being made to be kept have not given your Lordships satisfaction and that your Lordships have not rather thought fit to make the reasonableness of your Propositions concerning Ireland appear to us or to make such as might be reasonable in the stead then by charging his Majesty with many particulars which highly reflect upon his Honour to compel us to mention many things in Answer to your Lordships Allegations which otherwise in a time of Treaty when we would rather endeavour to prevent future Inconveniences then to insist on past mistakes we desired to have omitted And we can no ways admit that when the Cessation was made in Ireland his Majesties Protestant Subjects there could have subsisted without that Cessation nor that the War can be maintained and prosecuted to the subduing the Rebels there so long as the War continues in this Kingdom which are the chief grounds laid for the Assertions in your Lordships first Paper delivered this day concerning the business of Ireland Neither can we conceive that your Lordships have alleged any thing that could in the least degree satisfie us that his Majesty had no Power to make that Cessation or had no Reason so to do considering as we have formerly said and do again insist upon it that by that Cessation which was not made till long after this Kingdom was embroiled in a miserable War the poor Protestants there who for want of Supplies from hence were ready to famish and be destroyed were preserved and that Kingdom kept from utter Ruin so far was it from being a design for their Destruction or for the advantage of the Popish bloody Rebels as is insinuated for it appears by the Letters of the Lords Justices of Ireland Sir William Parsons and Sir John Borlase and of the Council there of the fourth of April 1643. before that Cessation made directed to the Speaker of the House of Commons a Copy whereof we delivered to your Lordships though we presume you may have the Original That His Majesties Army and good Subjects there were in danger to be devoured for want of needful Supplies forth of England and that His Majesties Forces were of Necessity sent abroad to try what might be done for sustaining them in the Country to keep them alive until Supplies should get to them but that design failing those their hopes were converted into astonishment to behold the Miseries of the Officers and Souldiers for want of all things and all those Wants made unsupportable in the want of Food and divers Commanders and Officers declaring they had little hope to be supplied by the Parliament pressed with so great importunity to be permitted to depart the Kingdom as that it would be extreme difficult to keep them there And in another part of that Letter for we shall not grieve you with mention of all their Complaints they expressed That they were expelling thence all Strangers and must instantly send away for England thousands of poor despoiled English whose very eating was then unsupportable to that place that their Confusions would not admit the writing of many more Letters if any for they had written divers others expressing their great Necessities And to the end His Majesty and the English Nation might not irrecoverably and unavoidably suffer they did desire that then though it were almost at the point to be too late supplies of Victuals and Ammunition in present might be hastned thither to keep life until the rest might follow there being no Victual in the store nor a hundred Barrells of Powder a small proportion to defend
be satisfied in those particulars which so highly reflect upon his Majesty we desire your Lordships to receive the Answers which we shall prepare to those Papers in the Evening to morrow dated as of this night and we doubt not to give your Lordships clear satisfaction therein This desire was not granted nor any Paper delivered in Answer to it but soon after the Treaty broke off During the Twenty days Treaty upon Religion Militia and Ireland the particular passages whereof are before expressed some other passages did occur concerning His Majesties Propositions and particularly for a Cessation and touching His Majesties return to Westminster after disbanding of Armies and further time for continuing or renewing the Treaty which do here follow And first touching His Majesties Propositions the King's Commissioners delivered in this Paper the second day of the Treaty 1. February WE desire to know whether your Lordships have any Instructions concerning His Majesties Propositions for settling a safe and well-grounded Peace and if you have any touching the same we desire to have a sight of them Their Answer 1. February WE have not yet received Instructions concerning His Majesties Propositions and shall therefore acquaint the Lords and Commons assembled in the Parliament of England with the desires expressed in that Paper who having taken those Instructions into their consideration before our coming from them will send them to us in time convenient After upon the third of February His Majesties Commissioners delivered this Paper concerning His Majesties sixth Proposition for a Cessation of Arms. 3. February WE desire to know whether your Lordships have received any Instructions concerning that Proposition of His Majesties for a Cessation and if your Lordships have not received any that you will endeavour to procure Authority to Treat thereupon which we have power to do and conceive it very necessary that during the time we are endeavouring to establish a blessed and happy Peace the issues of Blood may be stopped in this miserable Kingdom and His Majesties oppressed and languishing Subjects have some earnest and prospect of the Peace we are endeavouring by God's blessing to procure for them To this no particular Answer was given The King's Commissioners Paper 10. Febr. HAving now spent three days severally upon each of your Lordships three Propositions concerning Religion the Militia and Ireland we desire to know whether your Lordships have received any Instructions concerning His Majesties Propositions that we may prepare our selves to Treat upon them when your Lordships shall think fit Their Answer 11. Febr. WE have received Instructions concerning His Majesties Propositions and when the Houses of Parliament shall be satisfied in the good Progress of the Treaty upon their Propositions concerning Religion the Militia and Ireland they will give time for the Treaty upon those Propositions sent by His Majesty But there was not any time given to Treat upon His Majesties Propositions Touching further time for continuing or reviving the Treaty and His Majesties Return to Westminster after disbanding these Papers were delivered The King's Commissioners Paper 14. Feb. WE have this day received Directions from His Majesty to move your Lordships that you will 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 herewith deliver to your Lordships The Letter mentioned in the last Paper from His Majesty to His Commissioners is this RIght Trusty c. Having received from you a particular accompt of your proceedings in the Treaty and observing thereby how impossible it is within the days limited to give such full Answers to the three Propositions you are now upon as you might if upon Consideration had of the rest of the Propositions you could clearly see what fruit such Answers will produce in order to a blessed Peace for the present and the future good and Happiness of this Kingdom We have thought it fit to advise you that you propose and desire of the Commissioners with whom you Treat that they will procure such farther time to be allowed after the expiration of the Twenty days as may be sufficient for you upon a full understanding one of another upon the whole to make such a Conclusion that all our Subjects may reap the Benefit good men pray for Deliverance from these bloody Distractions and be united in Peace and Charity And if you think fit you may communicate this our Letter to them And so we bid you heartily farewell Given at Our Court at Oxford 13. Feb. 1644. By His Majesties Command George Digby To Our Right Trusty c. the Lords and others Our Commissioners for the Treaty at Uxbridge Their Answer 14. Feb. COncerning the Paper delivered by your Lordships for addition of time for the Treaty we can give no other Answer than that we will send Copies of His Majesties Letter and of the Paper unto the Houses of Parliament and after signification of their pleasure we will give further Answer Afterwards on the 18. of Feb. they delivered this Paper 18. Febr. YOur Lordships may please to take notice that in the twenty days appointed to Treat upon the Propositions concerning Religion Militia and Ireland the first Thursday and three Sundays are not to be included The King's Commissioners Paper 20. Febr. BY our Paper delivered to your Lordships the 14. 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 Letter which Letter we then delivered to your Lordships whereunto your Lordships then returned Answer that you would send Copies of His Majesties Letter and of our Paper to the Houses of Parliament and after signification of their pleasure you would give farther Answer We now desire to know whether there may be 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 and what time may be added Their Answer 20. Feb. YOur Lordships Paper of the 14. of this Month for an addition of time for this Treaty together with His Majesties Letter concerning the same were sent by us to the Houses of Parliament who as we have already acquainted your Lordships have declared That if they shall be satisfied in the good progress of the Treaty upon the Propositions concerning Religion the Militia and Ireland they will give time for the Treaty upon the Propositions by His Majesty but farther then this have not as yet signified their pleasures unto us The King's Commissioners Paper 20. February HAving now spent 18. days with your Lordships in the Treaty upon Religion the Militia and Ireland and besides the present satisfaction we have given your Lordships in those particulars we having offered that further consideration and order be taken therein by His Majesty and the Two Houses of Parliament and
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
at Our Court at Tavestock the 8 th of September 1644. The Bill for Abolishing Episcopacy VVHereas the Government of the Church of England by Arch-bishops Bishops their Chancellors and Commissaries Deans Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchy hath by long experience been found to be a great impediment to the perfect Reformation and growth of Religion and very prejudicial to the Civil State and Government of the Kingdom Be it therefore Enacted by the King 's most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That from and after the fifth day of November in the year of our Lord One Thousand Six Hundred Forty and Three there shall be no Arch-bishop Bishop Chancellor or Commissary of any Arch-Bishop or Bishop nor any Dean Sub-dean Dean and Chapter or Arch deacon nor any Chancellor Chaunter Treasurer Sub-treasurer Succentor or Sacrist of any Cathedral or Collegiate Church nor any Prebendary Canon Canon-Residentiary Petty-Canon Vicar-Choral Choristers old Vicars or new Vicars of or within any Cathedral or Collegiate Church or any other their Officers within this Church of England or Dominion of Wales and that from and afrer the said fifth day of November the Name Title Dignity Jurisdiction Office and Function of Arch bishops Bishops their Chancellors and Commissaries Deans Sub-deans Deans and Chapters Arch-deacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Sub-treasurers Succentors and Sacrists and all Vicars-Choral and Choristers old Vicars and new Vicars and every of them and likewise the having using or exercising of any Power Jurisdiction Office or Authority by reason or colour of any such Name Title Dignity Office or Function within this Realm of England or Dominion of Wales shall thenceforth cease determine and become absolutely void and shall be abolished out of this Realm and the Dominion of Wales any Usage Law or Statute to the contrary in any wise notwithstanding And that from and after the said fifth day of November no Person or Persons whatsoever by Virtue of any Letters-Patents Commission or other Authority derived from the King's Majesty His Heirs or Successors shall use or exercise any Jurisdiction Ecclesiastical within this Realm or Dominion of Wales but such and in such manner as shall be appointed and established by Act of Parliament And that all Counties Palatine Mannors Lordships Castles Granges Messuages Mills Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be other than Impropriations Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were of or belonging unto any Arch-bishop Bishop Arch-bishoprick or Bishoprick or any of them or which they or any of them held or injoyed in right of their said Arch-bishoprick or Bishoprick respectively shall by the Authority of Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of the King's Majesty His Heirs and Successors and He shall have hold possess and enjoy the same to Him His Heirs and Successors without any Entry or other Act whatsoever and that the King's Majesty His Heirs and Successors His and their Lessees Farmers and Tenants shall hold and enjoy the same discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial means to all intents and purposes as any Arch-bishop or Bishop at any time or times within the space of two years last past held or enjoyed or of right ought to have held or enjoyed the same Provided nevertheless and be it enacted by the Authority aforesaid That all Leases Grants Gifts Letters-Patents Conveyances Assurances or Estates whatsoever hereafter to be made by the King's Majesty His Heirs or Successors of any the Mannors Lands Tenements Hereditaments which in or by this Act shall come or be limited or disposed of unto His Majesty His Heirs or Successors other than for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearly Rent or more shall be reserved and payable yearly during the said Term and whereof any former Lease is in being not to be expired surrendred or ended within three years after the making of any such new Lease shall be utterly void and of none effect to all intents constructions and purposes any clause or words of non obstante to be put in any such Patent Grant Conveyance or Assurance and any Law Usage Custom or any thing in this Act to the contrary in any wise notwithstanding And be it further Enacted and Ordained That all Impropriations Parsonages appropriate Tithes Oblations Obventions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were belonging unto any Arch-bishop or Bishop Arch-bishoprick or Bishoprick and all Mannors Castles Lordships Granges Messuages Mills Lands Tenements Meadows Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Rights of Patronage and Presentation Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be which now are or lately were of or belonging to any Sub-dean Dean Dean and Chapter Arch-deacon Chaunter Chancellor Treasurer Sub-treasurer Succentor Sacrist Prebendary Canon Canon-Residentiary Petty-Canon Vicars Choral Choristers old Vicars and new Vicars or any of them or any of the Officers of them or any of them which they held or enjoyed in right of their said Dignities Churches Corporations Offices or Places respectively shall by Authority of this present Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire and they shall have hold possess and enjoy the same to them their Heirs and Assigns without any Entry or other Act whatsoever and that for themselves their Lessees Farmers and Tenants discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial manner to all intents and purposes as any of the Persons or Corporations whose Offices or Places are taken away by this Act at
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
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
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
contrary to our expectations that instead of being rewarded we have been prejudiced instead of getting a Fortune we have spent part of one and though we behave our selves never so well abroad and perform the actions of honest men yet we have the reward of Rogues and Rebels which is Misery and Want when we come home Now my Lords although we be brought to so great an exigence that we are ready to rob and spoil one another yet to prevent such outrages we thought it better to try all honest means for our subsistence before we take such indirect courses Therefore if your Lordships will be pleased to take us timely into your considerations before our urgent Wants make us desperate we will as we have done hitherto serve your Lordships readily and saithfully But if your Lordships will not find a way for our Preservations here we humbly desire we may have leave to go where we may have a better Being and if your Lordships shall refuse to grant that we must then take leave to have our recourse to that first and primary Law which God hath endued all men with we mean the Law of Nature which teacheth all men to preserve themselves The Letter of the Lords Justices and Council of Ireland to His MAJESTY of the 11. of May 1643. May it please your most Excellent Majesty AS soon as we Your Majesties Justices entred into the charge of this Government we took into our consideration at this Board the state of Your Army here which we find suffering under unspeakable Extremities of Want of all things necessary to the support of their Persons or maintenance of the War here being no Victuals Cloaths or other Provisions requisite towards their sustenance no Money to provide them of any thing they want no Arms in Your Majesties Stores to supply their many defective Arms not above Forty Barrels of Powder in Your Stores no strength of serviceable Horses being now left here and those few that are their Arms for the most part lost or unserviceable no Ships arrived here to guard the Coasts and consequently no security rendred to any that might on their private Adventures bring in Provisions of Victuals or other necessaries towards our subsistence and finally no visible means by Sea or Land of being able to preserve for You this Your Kingdom and to render deliverance from utter Destruction to the remnant of Your good Subjects yet left here We find that Your Majesties late Justices and this Board have often and fully by very many Letters advertised the Parliament in England of the extremities of Affairs here and besought Relief with all possible importunity which also have been fully represented to Your Majesty and to the Lord Lieutenant and Mr. Secretary Nicholas to be made known to Your Majesty and although the Winds have of late for many days and often formerly stood very fair for Accessions of Supply forth of England hither and that we have still with longing expectations hoped to find Provisions arrive here in some degree answerable to the Necessities of Your Affairs yet now to our unexpressible grief after full six months waiting and much longer patience and long suffering we find all our great Expectations answered in a mean and inconsiderable quantity of Provisions viz. threescore and fifteen Barrels of Butter and fourteen Tun of Cheese being but the fourth part of a small Vessels loading which was sent from London and arrived here on the fifth day of this month which is not above seven or eight days Provision for that part of the Army which lies in Dublin and the out-Garrisons thereof no Money or Victuals other than that inconsiderable proportion of Victual having arrived in this place as sent from the Parliament of England or from any other forth of England for the use of the Army since the beginning of November last We have by the Blessing of God been hitherto prosperous and successful in Your Majesties Affairs here and should be still hopeful by the mercy of God under the Royal Directions of Your Sacred Majesty to vindicate Your Majesties Honour and recover Your Rights here and take due Vengeance on these Traitors for the innocent Blood they have spilt if we might be strengthened and supported therein by needful Supplies forth of England but these Supplies having hitherto been expected to come from the Parliament of England on which if Your Majesty had not relied we are assured You would in Your high Wisdom have found out some other means to preserve this Your Kingdom and so great and apparent a failer having hapned therein and all the former and late long continuing Easterly Winds bringing us no other Provisions than those few Cheeses and Butter and no Advertisements being brought us of any future Supply to be so much as in the way hither whereby there might be any likelihood that considerable means of support for Your Majesties Army might arrive here in any reasonable time before we be totally swallowed up by the Rebels and Your Kingdom by them wrested from you we find our selves so disappointed of our hopes from the Parliament as must needs trench to the utter loss of the Kingdom if Your Majesty in Your high Wisdom ordain not some present means of preservation for us And considering that if now by occasion of that unhappy and unexpected failing of support from thence we shall be less successful in Your Services here against the Rebels than hitherto whilst we were enabled with some means to serve You we have been the shame and dishonour may in common construction of those that know not the inwards of the cause be imputed to us and not to the failings that disabled Us and considering principally and above all things the high and eminent trust of your Affairs here deposited with us by Your Sacred Majesty we may not forbear in discharge of our Duty thus freely and plainly to declare our humble apprehensions to the end Your Majesty thus truly understanding the terribleness of our Condition may find out some such means of support to preserve to Your Majesty and Your Royal Posterity this Your Ancient and Rightful Crown and Kingdom and derive Deliverance and Safety to the Remnant of Your good Subjects yet left here as in Your Excellent Judgment You shall find to be most for Your Honour and Advantage And so praying to the King of Kings to guide and direct You for the best in this high and important Cause and in all other Your Counsels and Actions we humbly remain from Your Majesties Castle of Dublin the 11 th Day of May 1643. Your Majesties most Loyal and most Faithful Subjects and Servants His MAJESTIES Answers to certain Papers delivered in to His Commissioners at Uxbridge upon the Close of the Treaty one concerning the Militia and two concerning Ireland To which being long and coming in so near the breaking up of the Treaty no Answers could then be given HAving received an account of the Passages of the late
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
of Our Subjects there or be carried as the Earl of Leven pleased whose Power was not bounded by any reference to Us or Our Lieutenant of Ireland no nor to the Houses of England And though it had been answered that in cases of disagreement betwixt the Committee the two Houses might prosecute the War observing the Treaty of the sixth of August and the Ordinance of the 11 th of April yet by referring to that Ordinance which is desired to be Enacted and by that Ordinance the Power being thereby put into the Earl of Leven and that Committee without mention of the two Houses it was apparent the Earl of Leven would not be bound to observe the Directions of the Houses of England by themselves But they Reply in this last Paper of theirs That as the Ordinance of the 11th of April 1644. so the Treaty of the 6th of August 1642. is desired to be confirmed by which the Commander of the Scotish Forces in Ireland was to be answerable to Vs and the two Houses of the Parliament of England for his whole deportment But this is apparently no Answer at all for this Treaty of the 6 th of August binds not the Committee who are to manage that War and relates to the Scotish General as General of the Scots only the other of April 1644. being later in time giving him Power also as Commander in chief over the English Forces in Ireland and according to this latter he is to receive his Orders from the Committee without reference to Us or the two Houses neither can the two Houses be hereby brought in to have Command over this Scotish General or Committee more than Our selves whom they intend wholly to exclude Yet We cannot but observe even upon these Articles of the Treaty of the sixth of August how little cause there is to expect this Scotish General will manage that War for the good of this Kingdom who being by those Articles to be answerable to Vs as well as to the two Houses for then though the same Design was on foot yet their outward pretences were somewhat more modest than now they are did without directions from Us leave his Charge in Ireland to bring an Army into England against Us. Well they say at last they had by the 13 th Proposition desired the prosecution of the War to be settled in the two Houses and so taking all together that the Earl of Leven cannot manage that War according to his own discretion But VVe must remember them the Proposition is not barely to settle the prosecution of the VVar in the two Houses but to settle it in the two Houses to be managed by the joynt Advice of both Kingdoms and that joynt Advice is by a joynt Committee according to the Ordinance of the 11 th of April in which Committee they confess those of Scotland have a Negative Voice and by the last part of the 17 th Proposition the War of Ireland is to be ordered according to that Ordinance But they say The Scotish Commander is to receive Orders from the Lieutenant of Ireland if a Lord Lieutenant shall be chosen by the two Houses for a Lieutenant nominated by Us is not allowed by them to give Orders to the Scotish General This indeed though not warranted by their Propositions upon which nevertheless they insist yet being admitted in this latitude might seem to give some Power to the two Houses over the Scotch General in the manage of the VVar as giving the Lieutenant such a Power and by consequence the two Houses who have power over this Lieutenant But they say not generally that he shall receive Instructions from the Lieutenant but that he shall receive Instructions from the Lieutenant in such manner as they have set down in their Paper of the 20th of February that is when it shall be necessary for the good of that Service that he and the Commander in chief of the Scotish Army joyn but how shall it be for the Service that he joyn with him when he shall command no Forces with which he may joyn the Scotch General being by the Ordinance of the 11 th of April to command all the Forces whatsoever in Ireland But admit them to have joyned then the Scotch General is to receive Instructions from the Lieutenant according to the Orders which shall be given by the Commissioners of both Kingdoms so and no otherwise Still the case is the same The Scotish General is not bound to obey any Orders but such as shall come mediately or immediately from the Committee of both Kingdoms And whatsoever Evasions and Disguises are made to cover it from Our People's Eyes the Scotish Committee being an equal number and having an equal share in the Counsels and their General having the Command of all the Forces it is apparent the whole Power over that Kingdom is in effect to be transferred to them But should We admit that these Propositions did not give so great Power in Ireland to Our Subjects of Scotland yet how should it be imagined that We should put the prosecution of this War in the two Houses in such manner as is insisted on by them so long as they maintain a Rebellion against Us in this Kingdom It is not denied but by their Authority divers Forces raised and the Moneys levied for Ireland were imployed against Us in England and upon the same Pretences that they made use of those aids because as they alledge in their Declaration upon that Subject that the subsistence of Ireland depended upon their welfare here they may still make use of such Power as shall be given them for the manage of that VVar and raising Moneys for that purpose against Us in England Neither if a Peace should be concluded here could VVe assent that the prosecution of the VVar should be settled in the two Houses excluding Our selves as they intend it by those words the King not to molest them therein Queen Elizabeth managed the VVar in Ireland solely when the two Houses were sitting and excluded them Though VVe insist not upon that Example VVe should be wanting to the Trust VVe have received from God and that care of Our Subjects which lies upon Us and of which VVe are to give Him an account to exclude Our self They themselves know great Bodies are not so fit to carry on the VVar as a few and therefore they have in a manner given up their Power in this unhappy VVar at home to their State-Committee whose Resolutions are rather brought to them for Countenance and Execution than for Debate and Deliberation They tell us The Parliament of England is a faithful Council to Vs and that We have trusted them with the prosecution of that War and they faithfully discharged their parts in it VVe wish though VVe are willing to be silent in it that yet the Ruins and Desolations of this Kingdom would not speak to Posterity what Counsellors those are who have devested Us of Our Revenue Arms
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
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
same Qualification a sixth part 4. For the persons nominated in the said fourth Qualification and those included in the tenth Qualification an eighth part 5. For all others included in the sixth Qualification a tenth part And that real Debts either upon Record or proved by Witnesses be considered and abated in the valuation of their Estates in all the cases aforesaid 3. That those who shall hereafter come to Compound may not have the Covenant put upon them as a Condition without which they may not Compound but in case they shall not willingly take it they may pass their Compositions without it 4. That the Persons and Estates of all English not worth two hundred pounds in Lands or Goods be at liberty and discharged and that the King 's menial Servants that never took up Arms but only attended His Person according to their Offices may be freed from Composition or to pay at most but the proportion of one years Revenue or a twentieth part 5. That in order to the making and perfecting of Compositions at the Rates aforesaid the Rents Revenues and other Dues and Profits of all sequestred Estates whatsoever except the Estates of such persons who shall be continued under exception as before be from henceforth suspended and detained in the hands of the respective Tenants Occupants and others from whom they are due for the space of six months following 6. That the Faith of the Army or other Forces of the Parliament given in Articles upon Surrenders to any of the King's Party may be fully made good and where any breach thereof shall appear to have been made full reparation and satisfaction may be given to the parties injured and the persons offending being found out may be compelled thereto XVI That there may be a general Act of Oblivion to extend unto all except the persons to be continued in exception as before to absolve from all Trespasses Misdemeanors c. done in prosecution of the War and from all trouble or prejudice for or concerning the same after their Compositions past and to restore them to all Priviledges c. belonging to other Subjects provided as in the fourth particular under the second general Head aforegoing concerning Security And whereas there have been of late strong endeavours and practices of a factious and desperate party to embroil this Kingdom in a new War and for that purpose to induce the King the Queen and Prince to declare for the said Party and also to excite and stir up all those of the King 's late Party to appear and engage for the same which Attempts and Designs many of the King's Party out of their desires to avoid further Misery to the Kingdom have contributed their endeavours to prevent as for divers of them we have had particular Assurance we do therefore desire that such of the King's Party who shall appear to have expressed and shall hereafter express that way their good Affections to the Peace and Welfare of the Kingdom and to hinder the imbroiling of the same in a new War may be freed and exempted from Compositions or to pay but one years Revenue or a twentieth part These Particulars aforegoing are the Heads of such Proposals as we have agreed on to tend in order to the settling of the Peace of this Kingdom leaving the Terms of Peace for the Kingdom of Scotland to stand as in the late Propositions of both Kingdoms until that Kingdom shall agree to any alteration Next to the Proposals aforesaid for the present settling of a Peace we shall desire that no time may be lost by the Parliament for dispatch of other things tending to the welfare ease and just satisfaction of the Kingdom and in special manner I. That the just and necessary Liberty of the People to represent their Grievances and Desires by way of Petition may be cleared and vindicated according to the fifth Head in the late Representation or Declaration of the Army sent from St. Albans II. That in pursuance of the same Head of the said Declaration the common Grievances of the People may be speedily considered of and effectually redressed and in particular 1. That the Excise may be taken off from such Commodities whereon the poor people of the Land do ordinarily live and a certain time to be limited for taking off the whole 2. That the Oppressions and Incroachments of Forest Laws may be prevented for future 3. All Monopolies old or new and Restraints to the freedom of Trade to be taken off 4. That a course may be taken and Commissioners appointed to remedy and rectifie the inequality of Rates lying upon several Counties and several parts of each County in respect of others and to settle the proportions for Land rates to more equality throughout the Kingdom in order to which we shall offer some further particulars which we hope may be useful 5. The present unequal troublesome and contentious way of Ministers maintenance by Tithes to be considered of and some Remedy applied 6. That the Rules and Course of Law and the Officers of it may be so reduced and reformed as that all Suits and Questions of Right may be more clear and certain in the issues and not so tedious or chargeable in the proceedings as now in order to which we shall offer some further particulars hereafter 7. That Prisoners for Debt or other * Creditors who have Estates to discharge them may not by embracing Imprisonment or any other ways have advantage to defraud their Creditors but that the Estates of all men may be some way made liable to their Debts as well as Tradesmen are by Commissions of Bankrupt whether they be imprisoned for it or not and that such Prisoners for Debt who have not wherewith to pay or at least do yield up what they have to their Creditors may be freed from Imprisonment or some way provided for so as neither they nor their Families may perish by their Imprisonments 8. Some provision to be made that none may be compelled by Penalties or otherwise to answer unto Questions tending to the accusing of themselves or their nearest Relations in Criminal Causes and no man's life to be taken away under two Witnesses 9. That consideration may be had of all Statutes and the Laws or Customs of Corporations imposing any Oaths either to repeal or else to qualifie and provide against the same so far as they may extend or be construed to the molestation or ensnaring of religious and peaceable people meerly for non-conformity in Religion III. That according to the sixth Head in the Declaration of the Army the large powers given to Committees or Deputy-Lieutenants during the late times of War and Distraction may be speedily taken into consideration to be re-called and made void and that such powers of that nature as shall appear necessary to be continued may be put into a regulated way and left to as little Arbitrariness as the nature and necessity of the things wherein they are conversant
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
thereunto Provided always and be it further Enacted by the Authority aforesaid That nothing herein before contained shall extend to the taking away of the ordinary Legal Power of Sheriffs Justices of Peace Maiors Bailiffs Coroners Constables Headboroughs or other Officers of Justice not being Military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers or any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary Command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons and that if any persons shall be gathered and assembled together in Warlike manner or otherwise to the number of Thirty persons and shall not forthwith separate and disperse themselves being required thereto by the said Lords and Commons or Command from them or any by them especially authorized for that purpose then such person and persons not so separating and dispersing themselves shall be guilty and incur the pains of High Treason being first Declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding and he or they that shall offend herein shall be incapable of any Pardon from His Majesty His Heirs and Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided also further That the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and imploying the Forces of that City for the Defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the sitting of this present Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act for justifying the Proceedings of Parliament in the late War and for Declaring all Oaths Declarations Proclamations and other Proceedings against it to be void WHereas the Lords and Commons assembled in Parliament have been necessitated to make and prosecute a War in their just and lawful Defence and thereupon Oaths Declarations and Proclamations have been made against them and their Ordinances and Proceedings and against others for adhering unto them and for executing Offices Places and Charges by Authority derived from them and Judgments Indictments Outlawries Attainders and Inquisitions for the causes aforesaid have been had and made against some of the Members of the Houses of Parliament and other his Majesties good Subjects and Grants have been made of their Lands and Goods Be it therefore Declared and hereby Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That all Oaths Declarations and Proclamations heretofore had or made against both or either of the Houses of Parliament or any the Members of either of them for the causes aforesaid or against their Ordinances or Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from the said Houses or either of them and all Judgments Indictments Outlawries Attainders Inquisitions and Grants thereupon made and all other Proceedings for any the causes aforesaid had made done or executed or to be had made done or executed whether the same be done by the King or any Judges Justices Sheriffs Ministers or any others are void and of no effect and are contrary to and against the Laws of the Realm And be it further Enacted and hereby Declared by the Authority aforesaid That all Judges Justices of the Peace Maior Sheriffs Constables and other Officers and Ministers shall take notice hereof and are hereby prohibited and discharged in all time to come from awarding any Writ Process or Summons and from pronouncing or executing any Judgment Sentence or Decree or any way proceeding against or molesting any of the said Members of the two Houses of Parliament or against any of the Subjects of this Kingdom for any the causes aforesaid Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning Peers lately made and hereafter to be made BE it Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament That all Honour and Title of Peerage conferred on any since the twentieth day of May 1642. being the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament be and is hereby made and declared Null and Void Be it further Enacted and it is hereby Enacted by the Authority aforesaid that no Person that shall hereafter be made a Peer or His Heirs shall sit or vote in the Parliament of England without consent of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Adjournments of both Houses of Parliament BE it Declared and Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by the Authority of the same That when and as often as the Lords and Commons assembled in this present Parliament shall judge it necessary to adjourn both Houses of this present Parliament to any other place of the Kingdom of England than where they now sit or from any place adjourn the same again to the place where they now sit or to any other place within the Kingdom of England that then such their Adjournment and Adjournments to such places and for such time as they shall appoint shall at all times and from time to time be valid and good any Act Statute or Usage to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That no Adjournment or Adjournments to be had or made by reason or colour of this Act shall be deemed adjudged or taken to make end or determine any Session of this present Parliament And they also commanded us to present to Your Majesty these ensuing Propositions Heads of the Propositions 1. That the new Seal be confirmed and the old Great Seal and all things passed under it since May 1642. be made void 2. That Acts be passed for raising Moneys to satisfie Publick Debts 3. That Members of both Houses put from their places by the King be restored 4. That the Cessation in Ireland be made void and the War left to both Houses 5. That an Act of Indemnity be passed 6. That the Court of Wards be taken away and such Tenures turned into common Soccage 7. That the Treaties between the English and Scots be confirmed and Commissioners appointed for Conservation of the Peace between the Kingdoms 8. That the Arrears of the Army be paid out of the Bishops Lands forfeited Estates and Forests 9. That an Act be
Debate like to prove wherein the most potent party had nothing of moment left to ask and the other nothing more to give so consequently how hopeless of mutual compliance without which a Settlement is impossible Besides if after my Concessions the two Houses should insist on those things from which I cannot depart how desperate would the Condition of these Kingdoms be when the most proper and approved Remedy should become ineffectual Being therefore fully resolved that I could neither in Conscience Honour or Prudence pass those Four Bills I only endeavoured to make the Reasons and Justice of my Denial appear to all the World as they do to me intending to give as little dissatisfaction to the two Houses of Parliament without betraying my own Cause as the matter would bear I was desirous to give my Answer of the 28. of December last to the Commissioners sealed as I had done others heretofore and sometimes at the desire of the Commissioners chiefly because when my Messages or Answers were publickly known before they were read in the Houses prejudicial interpretations were forced on them much differing and sometimes contrary to my meaning For example my Answer from Hampton-Court was accused of dividing the two Nations because I promised to give satisfaction to the Scots in all things concerning that Kingdom and this last suffers in a contrary sense by making me intend to interest Scotland in the Laws of this Kingdom then which nothing was nor is further from my thoughts because I took notice of the Scots Commissioners protesting against the Bills and Propositions as contrary to the Interests and Engagements of the two Kingdoms Indeed if I had not mentioned their dissent an Objection not without some probability might have been made against me both in respect the Scots are much concerned in the Bill for the Militia and in several other Propositions and my silence might with some justice seem to approve of it But the Commissioners refusing to receive my Answer sealed I upon the engagement of their and the Governour 's Honour that no other use should be made or notice taken of it than as if it had not been seen read and delivered it open unto them whereupon what hath since passed either by the Governour in discharging most of my Servants redoubling the Guards and restraining me of my former Liberty and all this as himself confest meerly out of his own dislike of my Answer notwithstanding his beforesaid Engagement or afterwards by the two Houses as the Governor affirms in confining me within the circuit of this Castle I appeal to God and the World whether my said Answer deserved the Reply of such proceedings besides the unlawfulness for Subjects to imprison their King That by the permission of Almighty God I am reduced to this sad condition as I no way repine so I am not without hope but that the same God will in due time convert the Afflictions into my Advantage In the mean time I am confident to bear these crosses with Patience and a great equality of Mind but by what means or occasion I am come to this Relapse in my Affairs I am utterly to seek especially when I consider that I have sacrificed to my two Houses of Parliament for the Peace of the Kingdom all but what is much more dear to me than my Life my Conscience and Honour desiring nothing more than to perform it in the most proper and natural way A Personal Treaty But that which makes me most at a loss is the remembring my signal Compliance with the Army and their Interests and of what importance my Compliance was to them and their often-repeated Professions and Engagements for my just Rights in general at Newmarket and Saint-Albans and their particular explanations of those generals by their Voted and revoted Proposals which I had reason to understand should be the utmost extremity would be expected from me and that in some things therein I should be eased herein appealing to the Consciences of some of the chiefest Officers in the Army if what I have said be not punctually true and how I have failed of their expectations or my professions to them I challenge them and the whole World to produce the least colour of Reason And now I would know what it is that is desired Is it Peace I have shewed the way being both willing and desirous to perform my part in it which is a just Compliance with all chief Interests Is it Plenty and Happiness they are the inseparable effects of Peace Is it Security I who wish that all men would forgive and forget like me have offered the Militia for my time Is it Liberty of Conscience He who wants it is most ready to give it Is it the right administration of Justice Officers of trust are committed to the choice of my two Houses of Parliament Is it frequent Parliaments I have legally fully concurr'd therewith Is it the Arrears of the Army Upon a Settlement they will certainly be payed with much ease but before there will be found much difficulty if not impossibility in it Thus all the World cannot but see my real and unwearied endeavours for Peace the which by the Grace of God I shall neither repent me of nor ever be slackned in notwithstanding My past present or future Sufferings But if I may not be heard let every one judge who it is that obstructs the good I would or might do What is it that men are afraid to hear from me It cannot be Reason at least none will declare themselves so unreasonable as to confess it and it can less be impertinent or unreasonable Discourses for thereby peradventure I might more justifie this my Restraint than the causers themselves can do so that of all wonders yet this is the greatest to me But it may be easily gathered how those men intend to govern who have used me thus And if it be my hard Fate to fall together with the Liberty of this Kingdom I shall not blush for my self but much lament the future Miseries of my People the which I shall still pray God to avert whatever becomes of me CHARLES R. Votes for a Treaty Die Veneris 28. Jul. 1648. Resolved THat a Treaty be had with the King in Person in the Isle of Wight by a Committee appointed by both Houses upon the Propositions presented to him at Hampton-Court and for the taking away of Wards and Liveries for settling of a safe and well-grounded Peace Die Mercurii 2. Aug. 1648. Resolved THat a Committee of both Houses be sent to his Majesty to acquaint him with their Resolutions to treat personally with his Majesty by a Committee of both Houses in such place as his Majesty shall make choice of in the Isle of Wight upon the Propositions presented at Hampton-Court and the taking away of Wards and Liveries for the settling of a safe and well-grounded Peace Which Treaty is resolved by the two Houses to be transacted with Honor Freedom and Safety
your Majesties Letter of the tenth of August instant Westminster 25. Aug. 1648. Your Majesties most loyal and most humble Subjects and Servants Manchester Speaker of the House of Peers pro tempore William Lenthal Speaker of the House of Commons Die Jovis 24. Aug. 1648. Resolved upon the Question by the Lords and Commons in Parliament assembled That for opening a way towards a Treaty with his Majesty for a safe and well-grounded Peace these four Votes following are hereby revoked and taken off viz. 1. Resolved That the Lords and Commons do declare That they will make no further Addresses or Applications to the King 2. Resolved by the Lords and Commons assembled in Parliament That no Application or Addresses be made to the King by any person whatsoever without the leave of both Houses 3 Resolved by the Lords and Commons assembled in Parliament That the person or persons that shall make breach of this Order shall incur the penalties of high Treason 4. Resolved That the Lords and Commons do declare That they will receive no more any Message from the King and do enjoyn that no person whatsoever do presume to receive or bring any Message from the King to both or either of the Houses of Parliament or to any other person Resolved by the Lords and Commons That his Majesty be desired to send to the Houses the Names of such Persons as he shall conceive to be of necessary use to be about him during this Treaty they not being persons excepted by the Houses from Pardon or under restraint or in actual War against the Parliament by Sea or Land or in such numbers as may draw any just cause of suspicion And that his Majesty shall be in the Isle of Wight in the same state and Freedom as he was in when he was last at Hampton-Court Resolved That the Houses do agree that such Domestick Servants not being in the former Limitations as his Majesty shall appoint to come to attend upon his Majesties Person shall be sent unto him Resolved That the Town of Newport in the Isle of Wight named by the King shall be the Place for this Treaty with his Majesty Resolved That if the King shall think fit to send for any of the Scotish Nation to advise with him concerning the Affairs of the Kingdom of Scotland only the Houses will give them a safe Conduct they not being persons under restraint in this Kingdom or in actual War against the Parliament by Sea or Land or in such numbers as may draw any just cause of suspicion Resolved That Five Lords and Ten Members of the House of Commons be Commissioners to Treat with the King Resolved That the time of beginning the Treaty be within ten days after the Kings Assent to Treat as is agreed and to continue forty days after the beginning thereof Resolved That his Majesty be desired to pass his Royal Word to make his constant Residence in the Isle of Wight from the time of his Assenting to Treat until twenty days after the Treaty be ended unless it be otherwise desired by both Houses of Parliament and that after his Royal Word so passed and his Assent given to Treat as aforesaid from thenceforth the former Instructions of the 16. of November 1647. be vacated and these observed and that Colonel Hammond be authorized to receive his Majesties Royal Word passed to the two Houses of Parliament for his Residence in the Isle of Wight according as is formerly expressed and shall certifie the same to both Houses His MAJESTIES Answer to the Votes For the Earl of Manchester Speaker of the House of Peers pro tempore and William Lenthal Speaker of the House of Commons Carisbrook Monday 28. August 1648. MY Lord and Master Speaker I have received your Letter of the 25. of this Month with the Votes that you sent Me which though they are not so full as I could have wished for the perfecting of a Treaty yet because I conceive by what you have done that I am in some measure fit to begin one such is My uncessant and earnest desire to give a Peace to these My now distracted Dominions as I accept the Treaty and therefore desire that such five Lords and ten Commoners as My two Houses shall appoint be speedily sent fully Authorized and Instructed to Treat with Me not doubting but what is now wanting will at our meeting upon Debate be fully supplied not only to the furtherance of this Treaty but also to the consummating of a safe and well-grounded Peace So I rest Your good Friend CHARLES R. Here Inclosed I have sent you a List that ye have desired I desire in order to one of your Votes that ye would send Me a free pass for Parsons one of the Grooms of My Presence-Chamber to go into Scotland and that ye would immediately send him to Me to receive the Dispatch thither The List Duke Richmond Marq. Hartford Earl Lindsey Earl Southampton Gentlemen of My Bed-Chamber George Kirke James Leviston Henry Murrey John Ashburnham William Leg Grooms of My Bed-Chamber Thomas Davise Barber Hugh Henne Humph. Rogers William Levett Pages of My Back-Stairs Rives Yeoman of My Robes Sir Ed. Sidenham Robert Terwitt John Housden Querries with four or six of My Footmen as they find fittest to wait Mistress Wheeler Landress with such Maids as she will chuse Parsons a Groom of My Presence Sir Fulke Grevill Captain Titus Captain Burroughs Master Cresset Hansted Ab. Dowsett Firebrace to wait as they did or as I shall appoint them Bishop of London Bishop of Salisbury Doctor Shelden Doctor Hammond Doctor Holdsworth Doctor Sanderson Doctor Turner Doctor Heywood Chaplains Sir Thomas Gardiner Sir Or. Bridgman Sir Ro. Holbourne Mr. Geffrey Palmer Mr. Thomas Cooke Mr. J. Vaughan Lawyers Sir Edward Walker Mr. Phil. Warwick Nic. Oudart Charles Whitaker Clarks and Writers Peter Newton Clem. Kinersley to make ready the House for Treating A Letter from the Speakers of both Houses to His MAJESTY Sept. 2. MDCXLVIII With the Names of their Committee to Treat with Him YOur two Houses of Parliament have commanded us to acquaint Your Majesty that they have appointed the Earl of Northumberland the Earl of Pembroke the Earl of Salisbury the Earl of Middlesex and the Lord Viscount Say and Seale Members of the House of Peers and Thomas Lord Wenman Master Denzil Hollis Master William Pierrepont Sir Henry Vane junior Sir Harbottle Grimston Master Samuel Brown Master John Crew Master Recorder of the City of London Sir John Potts Master John Bulkeley Members of the House of Commons to Treat with Your Majesty at Newport in the Isle of Wight And though they cannot come within the time appointed yet they shall give their attendance with all convenient speed 2. Septemb. 1648. Your Majesties most loyal and humble Servants Hunsdon Speaker of the House of Peers pro tempore William Lenthal Speaker of the House of Commons His MAJESTIES Answer to both Speakers For the Lord Hunsdon Speaker of the House of
than snow Teach Me to learn Righteousness by thy Judgments and to see my frailty in thy Justice While I was perswaded by shedding one mans blood to prevent after-troubles thou hast for that among other sins brought upon Me and upon my Kingdoms great long and heavy troubles Make Me to prefer Justice which is thy Will before all contrary clamors which are but the discoveries of mans injurious will It is too much that they have once overcome Me to please them by displeasing Thee O never suffer Me for any reason of State to go against my Reason of Conscience which is highly to sin against Thee the God of Reason and Judg of our Consciences Whatever O Lord Thou seest fit to deprive Me of yet restore unto Me the joy of thy Salvation and ever uphold Me with thy free Spirit which subjects my Will to none but thy Light of Reason Justice and Religion which shines in my Soul for Thou desirest Truth in the inward parts and Integrity in the outward expressions Lord hear the voice of thy Sons and my Saviours Blood which speaks better things O make Me and my People to hear the voice of Joy and Gladness that the bones which thou hast broken may rejoyce in thy Salvation III. Vpon his MAJESTIES going to the House of COMMONS MY going to the House of Commons to demand Justice upon the Five Members was an act which my Enemies loaded with all the obloquies and exasperations they could It filled indifferent men with great jealousies and fears yea and many of My Friends resented it as a motion rising rather from Passion than Reason and not guided with such discretion as the touchiness of those times required But these men knew not the just motives and pregnant grounds with which I thought My self so furnished that there needed nothing to such evidence as I could have produced against those I charged save only a free and legal Tryal which was all I desired Nor had I any temptation of displeasure or revenge against those mens Persons further than I had discovered those as I thought unlawful correspondencies they had used and engagements they had made to embroyl My Kingdoms of all which I missed but little to have produced writings under some mens own hands who were the chief Contrivers of the following Innovations Providence would not have it so yet I wanted not such probabilities as were sufficient to raise jealousies in any Kings heart who is not wholly stupid and neglective of the publick Peace which to preserve by calling in question half a dozen men in a fair and Legal way which God knows was all my design could have amounted to no worse effect had it succeeded than either to do Me and My Kingdom right in case they had been found guilty or else to have cleared their Innocency and removed My Suspicions which as they were not raised out of any Malice so neither were they in Reason to be smothered What flames of Discontent this spark tho I sought by all speedy and possible means to quench it soon kindled all the world is witness The aspersion which some men cast upon that action as if I had designed by force to assault the House of Commons and invade their Privilege is so false that as God best knows I had no such intent so none that attended Me could justly gather from any thing I then said or did the least intimation of any such thoughts That I went attended with some Gentlemen as it was no unwonted thing for the Majesty and Safety of a King so to be attended especially in discontented times so were My Followers at that time short of my ordinary Guard and no way proportionable to hazard a tumultuary conflict Nor were they more scared at my coming than I was unassured of not having some affronts cast upon Me if I had none with Me to preserve a Reverence to Me For many people had at that time learn'd to think those hard thoughts which they have since abundantly vented against Me both by words and deeds The Sum of that business was this Those men and their adherents were then looked upon by the affrighted Vulgar as greater Protectors of their Laws and Liberties than My self and so worthier of their protection I leave them to God and their own Consciences who if guilty of evil machinations no present impunity or Popular vindications of them will be subterfuge sufficient to rescue them from those exact Tribunals To which in the obstructions of Justice among men we must religiously appeal as being an argument to us Christians of that after unavoidable Judgement which shall re-judge what among men is but corruptly decided or not at all I endeavoured to have prevented if God had seen fit those future Commotions which I foresaw would in all likelihood follow some mens activity if not restrained and so now have done to the undoing of many thousands the more is the pity But to over-awe the Freedom of the Houses or to weaken their just Authority by any violent impressions upon them was not at all My design I thought I had so much Justice and Reason on My side as should not have needed so rough assistance and I was resolved rather to bear the repulse with Patience than to use such hazardous extremities But thou O Lord art my witness in heaven and in my heart If I have purposed any violence or oppression against the Innocent or if there were any such wickedness in my thoughts Then let the Enemy persecute my Soul and tread my life to the ground and lay mine Honour in the dust Thou that seest not as man seeth but lookest beyond all popular appearances searching the heart and trying the reins and bringing to light the hidden things of darkness shew thy self Let not my Afflictions be esteemed as with wise and godly men they cannot be any argument of my Sin in that matter more than their Impunity among good men is any sure token of their Innocency But forgive them wherein they have done amiss though they are not punished for it in this world Save thy Servant from the privy Conspiracies and open Violence of bloody and unreasonable men according to the uprightness of my heart and the innocency of my hands in this matter Plead my cause and maintain my right O thou that sittest in the Throne judging rightly that thy Servant may ever rejoyce in thy Salvation IV. Vpon the Insolency of the Tumults I Never thought any thing except our Sins more ominously presaging all these Mischiefs which have followed than those Tumults in London and Westminster soon after the Convening of this Parliament which were not like a Storm at Sea which yet wants not its Terror but like an Earthquake shaking the very foundations of all than which nothing in the world hath more of horror As it is one of the most convincing Arguments that there is a God while his power sets bounds to the raging of the Sea so 't is no
learned to thirst the more by how much the more they drank whom no fountain of Royal Bounty was able to overcome so resolved they seemed either utterly to exhaust it or barbarously to obstruct it Sure it ceases to be Counsel when not Reason is used as to men to perswade but Force and Terror as to beasts to drive and compel men to assent to whatever tumultuary Patrons shall project He deserves to be a Slave without pity or redemption that is content to have the Rational soveraignty of his Soul and liberty of his Will and Words so captivated Nor do I think my Kingdoms so considerable as to preserve them with the forfeiture of that Freedom which cannot be denied Me as a King because it belongs to Me as a Man and a Christian owning the dictates of none but God to be above Me as obliging Me to consent Better for Me to die enjoying this Empire of my Soul which subjects Me only to God so far as by Reason or Religion he directs Me than live with the Title of a King if it should carry such a vassalage with it as not to suffer Me to use My Reason and Conscience in which I declare as a King to like or dislike So far am I from thinking the Majesty of the Crown of England to be bound by any Coronation-Oath in a blind and brutish formality to consent to whatever its Subjects in Parliament shall require as some men will needs infer while denying me any power of a Negative voice as King they are not ashamed to seek to deprive Me of the liberty of using My Reason with a good Conscience which themselves and all the Commons of England enjoy proportionable to their influence on the publick who would take it very ill to be urged not to deny whatever My self as King or the House of Peers with Me should not so much desire as enjoyn them to pass I think My Oath fully discharged in that point by my Governing only by such Laws as My People with the House of Peers have chosen and My self consented to I shall never think My self conscientiously tied to go as oft against My Conscience as I should consent to such new Proposals which My reason in Justice Honour and Religion bids Me deny Yet so tender I see some men are of their being subject to Arbitrary Government that is the Law of anothers will to which themselves give no consent that they care not with how much dishonour and absurdity they make their King the only man that must be subject to the will of others without having power left him to use his own Reason either in Person or by any Representation And if my dissentings at any time were as some have suspected and uncharitably avowed out of Error Opinionativeness Weakness or Wilfulness and what they call Obstinacy in Me which not true Judgment of things but some vehement Prejudice or Passion hath fixed on My Mind yet can no man think it other than the badg and method of Slavery by savage Rudeness and importunate obtrusions of Violence to have the mist of his Error and Passion dispelled which is a shadow of Reason and must serve those that are destitute of the substance Sure that man cannot be blameable to God or Man who seriously endeavours to see the best reason of things and faithfully follows what he takes for Reason The uprightness of his Intentions will excuse the possible failings of his Understanding If a Pilot at Sea cannot see the Pole-star it can be no fault in him to steer his course by such Stars as do best appear to him It argues rather those men to be conscious of their defects of Reason and convincing Arguments who call in the assistance of mere force to carry on the weakness of their Counsels and Proposals I may in the truth and uprightness of my Heart protest before God and Men that I never wilfully opposed or denied any thing that was in a fair way after full and free debates propounded to Me by the Two Houses further than I thought in good Reason I might and was bound to do Nor did any thing ever please Me more than when My Judgment so concurred with theirs that I might with good Conscience consent to them yea in many things where not absolute and moral necessity of Reason but temporary convenience on point of Honour was to be considered I chose rather to deny My self than them as preferring that which they thought necessary for My Peoples good before what I saw but convenient for My self For I can be content to recede much from My own Interests and Personal Rights of which I conceive My self to be Master but in what concerns Truth Justice the Rights of the Church and my Crown together with the general good of my Kingdoms all which I am bound to preserve as much as morally lies in Me here I am and ever shall be fixt and resolute nor shall any man gain my consent to that wherein my Heart gives my Tongue or Hand the Lye nor will I be brought to affirm that to Men which in my Conscience I denied before God I will rather chuse to wear a Crown of Thorns with My Saviour than to exchange that of Gold which is due to Me for one of Lead whose embased flexibleness shall be forced to bend and comply to the various and oft contrary dictates of any Factions when in stead of Reason and Publick Concernments they obtrude nothing but what makes for the interest of Parties and flows from the partialities of private Wills and Passions I know no resolutions more worthy a Christian King than to prefer his Conscience before his Kingdoms O my God preserve thy Servant in this Native Rational and Religious Freedom for this I believe is thy will that we should maintain who though Thou dost justly require us to submit our Vnderstandings and Wills to thine whose Wisdom and Goodness can neither err nor misguide us and so far to deny our carnal Reason in order to thy Sacred Mysteries and Commands that we should believe and obey rather than dispute them yet dost Thou expect from us only such a reasonable Service of Thee as not to do any thing for Thee against our Consciences and as to the desires of men enjoinest us to try all things by the touch-stone of Reason and Laws which are the Rules of Civil Justice and to declare our Consents to that only which our Judgments approve Thou knowest O Lord how unwilling I was to desert that place in which Thou hast set Me and whereto the Affairs of My Kingdoms at present do call Me. My People can witness how far I have been content for their good to deny My self in what Thou hast subjected to My disposal O let not the unthankful importunities and Tumultuary Violence of some mens Immoderate demands ever betray Me to that dangerous and unmanly slavery which should make Me strengthen them by my Consent in those things which I
as far from meditating a War as I was in the eye of the world from having any preparation for one I find that comfort that in the midst of all the unfortunate successes of this War on My side I do not think My Innocency any whit prejudiced or darkned nor am I without that Integrity and Peace before God as with humble confidence to address my Prayer to him For Thou O Lord seest clearly through all the cloudings of humane affairs Thou judgest without prejudice Thy Omniscience eternally guides thy unerrable Judgment O my God the proud are risen against Me and the assemblies of violent men have sought after my Soul and have not set Thee before their eyes Consider my Enemies O Lord for they are many and they hate Me with a deadly hatred without a cause For thou knowest I had no Passion Design or Preparation to embroil My Kingdoms in a Civil War whereto I had least temptation as knowing I must adventure more than any and could gain least of any by it Thou O Lord art my witness how oft I have deplored and studied to divert the necessity thereof wherein I cannot well be thought so prodigally thirsty of my Subjects blood as to venture my own Life which I have been oft compelled to do in this unhappy War and which were better spent to save than to destroy my People O Lord I need much of thy grace with Patience to bear the many Afflictions Thou hast suffered some men to bring upon Me but much more to bear the unjust reproaches of those who not content that I suffer most by the War will needs perswade the world that I have raised it first or given just cause to raise it The confidence of some mens false tongues is such that they would make Me almost suspect my own Innocency Yea I could be content at least by my silence to take upon Me so great a guilt before men if by that I might allay the Malice of my Enemies and redeem my People from this miserable War since thou O Lord knowest my Innocency in this thing Thou wilt find out bloody and deceitful men many of whom have not lived out half their days in which they promised themselves the enjoyment of the fruits of their violent and wicked Counsels Save O Lord thy Servant as hitherto Thou hast and in thy due time scatter the people that delight in War Arise O Lord lift up thy self because of the rage of mine Enemies which encreaseth more and more Behold them that have conceived mischief travelled with iniquity and brought forth falshood Thou knowest the chief design of this War is either to destroy My Person or force My Judgment and to make Me renege My Conscience and Thy Truth I am driven to cross David's choice and desire rather to fall into the hands of men by denying them tho their mercies be cruel than into thy hands by sinning against My Conscience and in that against Thee who art a consuming fire Better they destroy Me than thou shouldst damn Me. Be thou ever the defence of My Soul who wilt save the upright in heart If nothing but My Blood will satisfie My Enemies or quench the flames of My Kingdoms or Thy temporal Justice I am content if it be Thy will that it be shed by Mine own Subjects hands But O let the Blood of Me tho their King yet a Sinner be washed with the Blood of My innocent and peace-making Redeemer for in that Thy Justice will find not only a temporary expiation but an eternal plenary satisfaction both for My sins and the sins of My People whom I beseech thee still own for Thine and when Thy wrath is appeased by My Death O remember thy great Mercies toward them and forgive them O My Father for they know not what they do X. Vpon their seizing the KING's Magazines Forts Navy and Militia HOW untruly I am charged with the first raising of an Army and beginning the Civil War the eyes that only pity Me and the Loyal hearts that durst only pray for Me at first might witness which yet appear not so many on My side as there were men in Arms lifted against Me. My unpreparedness for a War may well dishearten those that would help Me while it argues truly my unwillingness to fight yet it testifies for Me that I am set on the defensive part having so little hopes or power to offend others that I have none to defend My self or to preserve what is Mine own from their prereption No man can doubt but they prevented Me in their purposes as well as their injuries who are so much before-hand in their Preparations against Me and surprizals of My strength Such as are not for Them yet dare not be for Me so over-aw'd is their Loyalty by the others Numbers and Terrors I believe My Innocency and unpreparedness to assert My Rights and Honour makes Me the more guilty in their esteem who would not so easily have declared a War against Me if I had first assaulted them They knew My chiefest Arms left Me were those only which the ancient Christians were wont to use against their Persecutors Prayers and Tears These may serve a good mans turn if not to Conquer as a Soldier yet to Suffer as a Martyr Their preventing of Me and surprizing My Castles Forts Arms and Navy with the Militia is so far best for Me that it may drive Me from putting any trust in the arm of flesh and wholly to cast My self into the protection of the living God who can save by few or none as well as by many He that made the greedy Ravens to be Elias's Caterers and bring him food may also make their surprisal of outward Force and Defence an opportunity to shew Me the special support of his Power and Protection I thank God I reckon not now the want of the Militia so much in reference to My own protection as My Peoples Their many and sore Oppressions grieve Me I am above My own what I want in the hands of Force and Power I have in the wings of Faith and Prayer But this is the strange method these men will needs take to resolve their Riddle of making Me a Glorious King by taking away My Kingly Power Thus I shall become a Support to My Friends and a Terror to my Enemies by being unable to succour the one or suppress the other For thus have they designed and proposed to Me the new modelling of Soveraignty and Kingship as without any reality of Power so without any necessity of Subjection and Obedience That the Majesty of the Kings of England might hereafter hang like Mahomet's Tomb by a magnetick Charm between the Power and Priviledges of the Two Houses in an aiery imagination of Regality But I believe the surfeit of too much Power which some men have greedily seized on and now seek wholly to devour will ere long make the Common-wealth sick both of it and them since they cannot well
Thou by my own Subjects strip Me of my strength and eclipse my glory But shew thy self O my hope and only refuge Let not mine Enemies say There is no help for him in his God Hold up my goings in thy paths that my footsteps slip not Keep Me as the apple of thine eye hide Me under the shadow of thy wings Shew thy marvellous loving-kindness O Thou that savest by thy right hand them that put their trust in Thee from those that rise up against them From the wicked that oppress Me from my deadly enemies that compass Me about Shew Me the path of life In thy presence is fulness of joy at thy right hand there are pleasures for evermore XI Vpon the Nineteen Propositions first sent to the KING and more afterwards ALtho there be many things they demand yet if these be all I am glad to see at what price they set My own safety and My Peoples peace which I cannot think I buy at too dear a rate save only the parting with My Conscience and Honour If nothing else will satisfie I must chuse rather to be as miserable and inglorious as My Enemies can make or wish Me. Some things here propounded to Me have been offered by Me others are easily granted The rest I think ought not to be obtruded upon Me with the point of the Sword nor urged with the injuries of a War when I have already declared that I cannot yield to them without violating my Conscience 'T is strange there can be no method of Peace but by making War upon my Soul Here are many things required of Me but I see nothing offer'd to Me by the way of grateful exchange of Honour or any requital for those Favours I have or can yet grant them This Honour they do Me to put Me on the giving part which is more Princely and Divine They cannot ask more than I can give may I but reserve to My self the incommunicable Jewel of my Conscience and not be forced to part with that whose loss nothing can repair or requite Some things which they are pleased to propound seem unreasonable to Me and while I have any mastery of my Reason how can they think I can consent to them who know they are such as are inconsistent with being either a King or a good Christian My yielding so much as I have already makes some men confident I will deny nothing The love I have of my Peoples Peace hath indeed great influence upon Me but the love of Truth and inward Peace hath more Should I grant some things they require I should not so much weaken my outward state of a King as wound that inward quiet of my Conscience which ought to be is and ever shall be by Gods grace dearer to Me than my Kingdoms Some things which a King might approve yet in Honour and Policy are at some time to be denied to some men lest he should seem not to dare to deny any thing and give too much incouragement to unreasonable demands and importunities But to bind My self to a general and implicit consent to whatever they shall desire or propound for such is one of their Propositions were such a latitude of blind obedience as never was expected from any Freeman nor fit to be required of any man much less of a King by his own Subjects any of whom he may possibly exceed as much in Wisdom as he doth in Place and Power This were as if Sampson should have consented not only to bind his own hands and cut off his hair but to put out his own eyes that the Philistines might with the more safety mock and abuse him which they chose rather to do than quite to destroy him when he was become so tame an object and fit occasion for their sport and scorn Certainly to exclude all power of denial seems an arrogancy least of all becoming those who pretend to make their Addresses in an humble and loyal way of petitioning who by that sufficiently confess their own inferiority which obligeth them to rest if not satisfied yet quietted with such an answer as the will and reason of their Superior thinks fit to give who is acknowledged to have a freedom and power of Reason to consent or dissent else it were very foolish and absurd to ask what another having not liberty to deny neither hath power to grant But if this be My right belonging to Me in Reason as a Man and in Honour as a Soveraign King as undoubtedly it doth how can it be other than extreme injury to confine my Reason to a necessity of granting all they have a mind to ask whose minds may be as differing from Mine both in Reason and Honour as their aims my be and their qualities are which last God and the Laws have sufficiently distinguisht making Me their Soveraign and them My Subjects whose Propositions may soon prove violent Oppositions if once they gain to be necessary Impositions upon the Regal Authority since no man seeks to limit and confine his King in Reason who hath not a secret aim to share with him or usurp upon him in Power and Dominion But they would have Me trust to their moderation and abandon Mine own discretion that so I might verifie what representations some have made of Me to the world that I am fitter to be their Pupil than their Prince Truly I am not so confident of My own sufficiency as not willingly to admit the Counsel of others But yet I am not so diffident of my self as bruitishly to submit to any mens dictates and at once to betray the Soveraignty of Reason in My Soul and the Majesty of my own Crown to any of My Subjects Least of all have I any ground of credulity to induce Me fully to submit to all the desires of those men who will not admit or do refuse and neglect to vindicate the freedom of their own and others sitting and voting in Parliament Besides all men that know them know this how young Statesmen the most part of these propounders are so that till experience of one seven years hath shewed Me how well they can Govern Themselves and so much Power as is wrested from Me I should be very foolish indeed and unfaithful in my Trust to put the reins of both Reason and Government wholly out of my own into their hands whose driving is already too much like Jehu's and whose forwardness to ascend the throne of Supremacy portends more of Phaeton than of Phoebus God divert the Omen if it be his will They may remember that at best they sit in Parliament as my Subjects not my Superiors called to be my Counsellors not Dictators Their Summons extends to recommend their Advice not to command My Duty When I first heard of Propositions to be sent me I expected either some good Laws which had been antiquated by the course of time or overlaid by the corruption of manners had been desired to a restauration of their
by the unparallel'd prosperity of Solomon's Court and so corrupted to the great diminution both for Peace Honour and Kingdom by those Flatteries which are as unseparable from prosperous Princes as Flies are from Fruit in Summer whom Adversity like cold weather drives away I had rather You should be Charles le Bon than le Grand Good than Great I hope God hath designed You to be both having so early put You into that exercise of his Graces and Gifts bestowed upon You which may best weed out all vicious inclinations and dispose You to those Princely Endowments and Employments which will most gain the love and intend the welfare of those over whom God shall place You. With God I would have You begin and end who is King of Kings the Soveraign Disposer of the Kingdoms of the world who pulleth down one and setteth up another The best Government and highest Soveraignty You can attain to is to be subject to Him that the Scepter of his Word and Spirit may rule in your Heart The true Glory of Princes consists in advancing God's Glory in the maintenance of true Religion and the Churches good also in the dispensation of Civil Power with Justice and Honour to the publick Peace Piety will make You prosperous at least it will keep You from being miserable nor is he much a loser that loseth all yet saveth his own Soul at last To which center of true Happiness God I trust hath and will graciously direct all these black lines of Affliction which he hath been pleased to draw on Me and by which he hath I hope drawn Me nearer to Himself You have already tasted of that Cup whereof I have liberally drank which I look upon as God's Physick having that in Healthfulness which it wants in Pleasure Above all I would have You as I hope You are already well grounded and setled in your Religion the best Profession of which I have ever esteemed that of the Church of England in which You have been educated Yet I would have your own Judgment and Reason now seal to that sacred Bond which Education hath written that it may be judiciously your own Religion and not other mens Custom or Tradition which You profess In this I charge You to persevere as coming nearest to God's Word for Doctrine and to the Primitive examples for Government with some little Amendment which I have other-where expressed and often offered tho in vain Your fixation in matters of Religion will not be more necessary for your Souls than your Kingdoms Peace when God shall bring You to them For I have observed that the Devil of Rebellion doth commonly turn himself into an Angel of Reformation and the old Serpent can pretend new Lights When some mens Consciences accuse them for Sedition and Faction they stop its mouth with the name and noise of Religion when Piety pleads for Peace and Patience they cry out Zeal So that unless in this point You be well setled You shall never want temptations to destroy You and Yours under pretensions of Reforming matters of Religion for that seems even to worst men as the best and most auspicious beginning of their worst Designs Where besides the Novelty which is taking enough with the Vulgar every one hath an affectation by seeming forward to an outward Reformation of Religion to be thought Zealous hoping to cover those Irreligious deformities whereto they are conscious by a severity of censuring other mens opinions or actions Take heed of abetting any Factions or applying to any publick Discriminations in matters of Religion contrary to what is in your Judgment and the Church well setled Your partial adhering as Head to any one side gains You not so great advantages in some men hearts who are prone to be of their King's Religion as it loseth You in others who think themselves and their profession first despised then persecuted by You. Take such a course as may either with Calmness and Charity quite remove the seeming differences and offences by impartiality or so order affairs in point of Power that You shall not need to fear or flatter any Faction For if ever You stand in need of them or must stand to their courtesie You are undone The Serpent will devour the Dove You may never expect less of Loyalty Justice or Humanity than from those who engage into Religious Rebellion Their Interest is always made God's under the colours of Piety ambitious Policies march not only with greatest security but applause as to the populacy You may hear from them Jacob's voice but You shall feel they have Esau's hands Nothing seemed less considerable than the Presbyterian Faction in England for many years so compliant they were to publick Order nor indeed was their Party great either in Church or State as to mens Judgments But as soon as Discontents drave men into Sidings as ill Humors fall to the disaffected part which causes Inflammations so did all at first who affected any Novelties adhere to that Side as the most remarkable and specious note of difference then in point of Religion All the lesser Factions at first were officious Servants to Presbytery their great Master till Time and Military success discovering to each their peculiar Advantages invited them to part stakes and leaving the joynt stock of Uniform Religion pretended each to drive for their Party the trade of Profits and Preferments to the breaking and undoing not only of the Church and State but even of Presbytery it self which seemed and hoped at first to have ingrossed all Let nothing seem little or despicable to You in matters which concern Religion and the Churches Peace so as to neglect a speedy reforming and effectual suppressing Errors and Schisms which seem at first but as a hand-breadth yet by Seditious Spirits as by strong winds are soon made to cover and darken the whole Heaven When You have done Justice to God Your own Soul and his Church in the profession and preservation both of Truth and Unity in Religion the next main hinge on which Your Prosperity will depend and move is that of Civil Justice wherein the setled Laws of these Kingdoms to which You are rightly Heir are the most excellent Rules You can Govern by which by an admirable temperament give very much to Subjects Industry Liberty and Happiness and yet reserve enough to the Majesty and Prerogative of any King who owns his People as Subjects not as Slaves whose Subjection as it preserves their Property Peace and Safety so it will never diminish Your Rights nor their ingenuous Liberties which consist in the enjoyment of the fruits of their Industry and the benefit of those Laws to which themselves have consented Never charge Your head with such a Crown as shall by its heaviness oppress the whole Body the weakness of whose parts cannot return any thing of strength honour or safety to the Head but a necessary debilitation and Ruin Your Prerogative is best shewed and exercised in remitting
intended do You perform when God shall give you Power Much Good I have offered more I purposed to Church and State if Times had been capable of it The deception will soon vanish and the Vizards will fall off apace This mask of Religion on the face of Rebellion for so it now plainly appears since My Restraint and cruel Usage that they fought not for Me as was pretended will not long serve to hide some mens Deformities Happy times I hope attend You wherein Your Subjects by their Miseries will have learned That Religion to their God and Loyalty to their King cannot be parted without both their Sin and their Infelicity I pray God bless You and establish Your Kingdoms in Righteousness Your Soul in true Religion and Your Honour in the Love of God and Your People And if God will have Disloyalty perfected by My Destruction let My Memory ever with My Name live in You as of Your Father that loves You and once a KING of Three flourishing Kingdoms whom God thought fit to honour not only with the Scepter and Government of them but also with the suffering many indignities and an untimely Death for them while I studied to preserve the rights of the Church the power of the Laws the Honour of My Crown the Priviledg of Parliaments the Liberties of My People and My own Conscience which I thank God is dearer to Me than a thousand Kingdoms I know God can I hope he yet will restore Me to My Rights I cannot despair either of his Mercy or of My Peoples Love and Pity At worst I trust I shall but go before You to a better Kingdom which God hath prepared for Me and Me for it through My Saviour Jesus Christ to whose Mercies I commend You and all Mine Farewell till We meet if not on Earth yet in Heaven XXVIII Meditations upon Death after the Votes of Non-addresses and His MAJESTIES closer Imprisonment in Carisbrook-Castle AS I have leisure enough so I have cause more than enough to meditate upon and prepare for my Death for I know there are but few steps between the Prisons and Graves of Princes It is God's Indulgence which gives Me the space but Man's Cruelty that gives Me the sad occasions for these thoughts For besides the common burthen of Mortality which lies upon Me as a Man I now bear the heavy load of other mens Ambitions Fears Jealousies and cruel Passions whose Envy or Enmity against Me makes their own lives seem deadly to them while I enjoy any part of Mine I thank God My Prosperity made Me not wholly a stranger to the contemplations of Mortality Those are never unseasonable since this is always uncertain Death being an Eclipse which oft happeneth as well in clear as cloudy days But My now long and sharp Adversity hath so reconciled in Me those natural Antipathies between Life and Death which are in all men that I thank God the common terrors of it are dispelled and the special horror of it as to My particular much allayed for altho My Death at present may justly be represented to Me with all those terrible aggravations which the policy of Cruel and Implacable enemies can put upon it affairs being drawn to the very dregs of Malice yet I bless God I can look upon all those stings as unpoisonous tho sharp since My Redeemer hath either pulled them out or given Me the Antidote of his Death against them which as to the Immaturity Unjustice Shame Scorn and Cruelty of it exceeded whatever I can fear Indeed I never did find so much the Life of Religion the Feast of a good Conscience and the brazen wall of a judicious Integrity and Constancy as since I came to these closer conflicts with the thoughts of Death I am not so old as to be weary of Life nor I hope so bad as to be either afraid to dye or ashamed to live true I am so afflicted as might make Me sometime even desire to dye if I did not consider that it is the greatest glory of a Christians life to die daily in conquering by a lively Faith and patient Hopes of a better life those partial and quotidian deaths which kill us as it were by piece-meals and make us overlive our own fates while we are deprived of Health Honour Liberty Power Credit Safety or Estate and those other Comforts of dearest relations which are as the Life of our lives Tho as a KING I think My self to live in nothing temporal so much as in the Love and good will of My People for which as I have suffered many deaths so I hope I am not in that point as yet wholly dead notwithstanding My Enemies have used all the poison of Falsity and violence of Hostility to destroy first the Love and Loyalty which is in my Subjects and then all that content of Life in Me which from these I chiefly enjoyed Indeed they have left Me but little of Life and only the husk and shell as it were which their further Malice and Cruelty can take from Me having bereaved Me of all those worldly Comforts for which Life it self seems desirable to men But O my Soul think not that life too long or tedious wherein God gives Thee any opportunities if not to do yet to suffer with such Christian Patience and Magnanimity in a good Cause as are the greatest Honour of our lives and the best improvement of our Deaths I knows that in point of true Christian Valour it argues Pusillanimity to desire to dye out of weariness of life and a want of that heroick greatness of spirit which becomes a Christian in the patient and generous sustaining those Afflictions which as shadows necessarily attend us while we are in this Body and which are lessened or enlarged as the Sun of our Prosperity moves higher or lower whose total absence is best recompenced with the dew of Heaven The assaults of Affliction may be terrible like Sampsom's Lion but they yield much sweetness to those that dare to encounter and overcome them who know how to overlive the witherings of their Gourds without discontent or peevishness while they may yet converse with God That I must dye as a man is certain that I may dye a King by the hands of my own Subjects a violent sudden and barbarous death in the strength of my years in the midst of my Kingdoms my Friends and loving Subjects being helpless Spectators my Enemies insolent Revilers and Triumphers over me living dying and dead is so probable in humane reason that God hath taught Me not to hope otherwise as to mans Cruelty however I despair not of God's infinite Mercy I know my Life is the object of the Devils and Wicked mens Malice but yet under God's sole custody and disposal whom I do not think to flatter for longer Life by seeming prepared to die but I humbly desire to depend upon him and to submit to his will both in life and death in what order soever he
is pleased to lay them out to Me. I confess it is not easie for Me to contend with those many horrors of Death wherewith God suffers Me to be tempted which are equally horrid either in the suddenness of a Barbarous Assassination or in those greater Formalities whereby my Enemies being more solemnly cruel will it may be seek to add as those did who crucified Christ the Mockery of Justice to the Cruelty of Malice That I may be destroyed as with greater Pomp and artifice so with less Pity it will be but a necessary policy to make my Death appear as an act of Justice done by Subjects upon their Soveraign who know that no Law of God or Man invests them with any power of Judicature without Me much less against Me and who being sworn and bound by all that is Sacred before God and Man to endeavour my preservation must pretend Justice to cover their Perjury It is indeed a sad fate for any man to have his Enemies to be his Accusers Parties and Judges but most desperate when this is acted by the insolence of Subjects against their Soveraign wherein those who have had the chiefest hand and are most guilty of contriving the publick Troubles must by shedding My Blood seem to wash their own hands of that innocent blood whereof they are now most evidently guilty before God and man and I believe in their own Consciences too while they carried on unreasonable demands first by tumults after by Armies Nothing makes mean spirits more cowardly-cruel in managing their usurped power against their lawful Superiors than this the Guilt of their unjust Vsurpation notwithstanding those specious and popular pretensions of Justice against Delinquents applied only to disguise at first the monstrousness of their designs who despaired indeed of possessing the power and profits of the Vineyard till the Heir whose right it is be cast out and slain With them my greatest Fault must be that I would not either destroy My self with the Church and State by my word or not suffer them to do it unresisted by the Sword whose covetous Ambition no Concessions of Mine could ever yet either satisfie or abate Nor is it likely they will ever think that Kingdom of Brambles which some men seek to erect at once weak sharp and fruitless either to God or man is like to thrive till watered with the Royal Blood of those whose right the Kingdom is Well God's will be done I doubt not but my innocency will find him both my Protector and my Advocate who is my onely Judge whom I own as King of Kings not onely for the eminency of his Power and Majesty above them but also for that singular Care and Protection which he hath over them who knows them to be exposed to as many Dangers being the greatest Patrons of Law Justice Order and Religion on Earth as there be either Men or Devils which love Confusion Nor will he suffer those men long to prosper in their Babel who build it with the Bones and cement it with the Blood of their KINGS I am confident they will find Avengers of my Death among themselves the Injuries I have sustained from them shall be first punished by them who agreed in nothing so much as in opposing Me. Their impatience to bear the loud cry of my Blood shall make them think no way better to expiate it then by Shedding theirs who with them most thirsted after Mine The sad Confusions following my Destruction are already presaged and confirmed to Me by those I have lived to see since my Troubles in which God alone who onely could hath many ways pleaded my Cause not suffering them to go unpunished whose confedaracy in Sin was their only Security who have cause to fear that God will both further divide and by mutual Vengeance afterward destroy them My greatest conquest of Death is from the Power and Love of Christ who hath swallow'd up Death in the Victory of his Resurrection and the glory of his Ascension My next Comfort is That he gives Me not only the Honour to imitate his Example in suffering for Righteousness sake though obscured by the foulest charges of Tyranny and Injustice but also that Charity which is the noblest Revenge upon and Victory over my Destroyers by which I thank God I can both forgive them and pray for them that God would not impute my Blood to them further than to convince them what need they have of Christs Blood to wash their Souls from the guilt of shedding Mine At present the Will of my Enemies seems to be their only rule their Power the measure and their Success the exactor of what they please to call Justice while they flatter themselves with the fancy of their own Safety by My Danger and the security of their Lives and Designs by My Death forgetting that as the greatest temptations to Sin are wrapped up in seeming Prosperities so the severest Vengeances of God are then most accomplished when men are suffered to compleat their wicked purposes I bless God I pray not so much that this bitter cup of a Violent Death may pass from Me as that of his Wrath may pass from all those whose hands by deserting Me are sprinkled or by acting and consenting to my Death are embrued with my Blood The will of God hath confined and concluded Mine I shall have the pleasure of dying without any pleasure of desired Vengeance This I think becomes a Christian toward his Enemies and a King toward his Subjects They cannot deprive Me of more than I am content to lose when God sees fit by their hands to take it from Me whose Mercy I believe will more than infinitely recompence whatever by mans Injustice he is pleased to deprive me of The glory attending my Death will far surpass all I could enjoy or conceive in Life I shall not want the heavy and envied Crowns of this world when my God hath mercifully crowned and consummated his Graces with Glory and exchanged the shadows of my Earthly Kingdoms among men for the substance of that Heavenly Kingdom with Himself For the censures of the world I know the sharp and necessary Tyranny of my Destroyers will sufficienly confute the Calumnies of Tyranny against Me I am perswaded I am happy in the judicious Love of the ablest and best of my Subjects who do not only pity and pray for Me but would be content even to die with Me or for Me. These know how to excuse my Failings as a man and yet to retain and pay their Duty to Me as their KING there being no Religious necessity binding any Subjects by pretending to punish infinitely to exceed the faults and errors of their Princes especially there where more than sufficient Satisfaction hath been made to the publick the enjoyment of which private Ambitions have hitherto frustrated Others I believe of softer tempers and less advantaged by My Ruin do already feel sharp Convictions and some remorse in their Consciences where they
Martyrdom Jan. 30. 1648 9. p. 206 APPENDIX Concerning Church-Government Of the Differences between His Majesty and the two Houses in point of Church-Government See Icon Basil XVII p. 687 The Papers which passed betwixt His Majesty and Henderson concerning the Change of Church-Government 1646. p. 75 The Papers which passed betwixt His Majesty and the Divines attending the Commissioners of both Houses at Newport 1648. Append. p. 612 seqq THE END The Duke of Lenox the Earl of Arran in Scotland Some Writers who since have been convinced of their misinformation have named amongst those seven Lords the Lord Bruce Earl of Elgin but his Lordship upon the first notice of this report did to several Persons of Quality and Honour he conversed with and since hath affirmed to me that he was not then present and that his heart could never consent to the shedding of the blood of that excellent Prelate * A full Answer †The Regal Apology His Majestie 's Religion His Justice His Clemency His Fortitude His Patience His Humility His Choice of Ministers of State His Affection to His People His Obliging Converse His Fidelity His Chastity His Temperance His Frugality His Intellectual Abilities His Skill in all Arts. His Eloquence His Political Prudence The Censure of His Fortune A Presage of His Fall and the future State of the Royal Family His Recreations The Features of His Body His Children Acts 14. 23. Acts 6. 6. 1 Cor. 16. 1. 1 Cor. 14. 1 Cor. 5. 5. 3 Joh. 9 10. 1 Tim. 5. 22. Tit. 1. 5. Revel 2. 3. 1 Tim. 5. 19. Tit. 3. 10. * 5 15 26 29. of Decemb. 84 15. of Jan. 1645. * Jan. 23. 2 Feb. Passed by the Fag-end of the House of Commons Jan. 4. having been cast out by the Lords Jan. 2. Hereabout I was stopt and not suffered to speak any more concerning Reasons * defiance * Answer * four for it seems some came in after Here a Lady interposed saying Not half the People but was silenced with threats Upon the Earl of Strafford Pointing to the Bishop Turning to some Gentlemen that wrote Pointing to the Bishop These words were spoken upon occasion of private Discourse between His Majesty and the Bishop concerning the several Stages of man's life and his course through them in allusion to Posts and Stages in a Race * Cook 7. Report Calvin's Case Mr. Stroud Mr. Pym. Sir John Biron Lord Say His Majesty's gracious Message to both Houses of Parliament sent from Nottingham Aug. 25. 1642. by the Earls of Southampton and Dorset Sr. John Culpeper Chancellor of the Exchequer and Sr. William Vdal The Answer of the Lords and Commons to His Majesty's Message the 25. of Aug. 1642. His Majesty's Reply to an Answer sent by the two Houses of Parliament to His Majesty's Message of the 25 of August concerning a Treaty of Accommodation The humble Answer and Petition of the Lords and Commons assembled in Parliament unto the Kings last Message The humble Answer of the Lords and Commons assembled in Parliament unto His Majesty's last Message Message of Feb. 20. * to the Votes of both Houses and to their desire of a safe Conâ—uct His Majesty's Message of Apr. 12. at the end of the Treaty Inserted before pag. 353. * were presently His Majesty's Message replying to this Paper is inserted before p. 250. In His Message of April 12. pag. 353. Pag. 353. April 5. * The fourth of Edward the Third Artic. 1. against Roger Mortimer The King had put to him four Bishops four Earls and four Barons without whose consent or of four of them no great business was to be transacted Rot. Parliam 13 E. 3. N. 15 16. The whole Navy disposed of by Parliament N. 13 14. Admirals appointed and Instructions given to them N. 32. Instructions for the defence of Jersey and a Deputy-Governour appointed in Parliament N. 35. Souldiers of York Nottingham c. to go at the cost of the Countrey and what they are to do N. 36. A Clark appointed for payment of their wages by the oversight of the Lord Percy and Nevil N. 38. Sir Walter Creak appointed Keeper of Berwick N. 39. Sir Tho. de Wake appointed to set forth the Array of Soldiers for the County of York and N. 40 41 42 43. others for other Counties 14 E. 3. N. 36. The Parliament agreeth that in the Kings absence the Duke of Cornwal shall be Keeper of England N. 35. They appoint the Archbishop of Canterbury the Earls of Lancaster Warren and Huntington Councellors to the Duke with power to call such others as they shall think fit N. 19. Certain appointed to keep the Islands and Sea-coasts N. 42. The Lord of Mowbray appointed Keeper of Berwick N. 48. Commission to the Lord Mowbray of the Justices of Lentham N. 53 54 c. Commissions of Array to the Earl of Angois and others 15 E. 3. N. 15. That the Chancellors chief Justices Treasurers Chancellors and Barons of the Exchequer c. may be chosen in open Parliament and there openly sworn to observe the Laws Answer thus That as they sall by death or otherwise it shall be so done in the choice of a new with your assents c. 50 E. 3. N. 10 11. Ordered in Parliament That the King should have at the least ten or twelve Counsellors without whom no weighty matters should pass c. N. 15. A Commission to the L. Percy and others to appoint able persons for the defence of the Marches of the East-Riding 1. R. 2. N. 18 19. The Parliament wholly disposeth of the Education of the King and of the Officers c. N. 51. Officers for Gascoign Ireland and Artois Keepers of the Ports Castles c. 2. R. 2. Rot. Parl. par 2. artic 39. The Admiralty N. 37. In a Schedule is contained the order of the E. of Northumb. and others for the defence of the North Sea-coasts and confirmed in Parliament 6 R. 2. N. 11. The Proffer of the Bishop of Norwich to keep the Sca-coasts and accepted in Parliament 8 R. 2. 11 16. The names of the chief Officers of the Kingdom to be known to the Parliament and not to be removed without just cause 11 R. 2. N. 23. No persons to be about the King or intermeddle with the Affairs of the Realm other than such as be appointed by Parliament 15 R. 2. N. 15. The Commons name the person to treat of a Peace with the Kings enemies Rot. Parl. 1 H. 4. N. 106. That the King will appoint able Captains in England and Wales Stat. 4. H. 4. cap. 31 32 33. printed The Welch-men shall bear Office 5 H. 4. N. 16. The King at the request of the Commons removed his Confessor and three other Men from about him N. 37. At the request of the Commons nameth divers Privy-Councellors 7 and 8 H. 4 26. Power given to the Merchants to name two persons to be Admirals 7 and 8 H. 4. N. 31. Councellors appointed by
Authority of Parliament N. 26. Commissions granted in Parliament to keep the Sea Rot. Parl. 1 H. 6. N. 61. Chancellor Treasurer and Privy Seal appointed by Parliament N. 24. Protector and Defensor Regni appointed by Parliament N. 26. Privy Councellors 2 H. 6. N. 15. Counsels named by Parliament 4 H. 6. N. 19. The Duke by common consent in Parliament appoints a Deputy to keep Berwick Castle 14 H. 6. N. 10. The keeping of the Town of Calice is committed to the Duke of Gloucester by Indenture between him and the King and confirmed in Parliament 31 H. 6. N. 41. Rich. Earl of Salisbury and others are appointed by Parliament to keep the Seas Tunnage and Poundage appointed to them for three years 33 H. 6. N. 27. Discharged 39 H. 6. N. 32. The Duke of York made by Parliament General Stat. 21 Jac. cap. 34. Treasurers and a Council of War appointed by Parliament and an Oath directed to be by them taken The Earl of Essex made Lord Lieutenant of the County of York and Sir Jo. Conyers Lieut. of the Tower upon the desire of the Lords and Commons this Parliament With very many more Precedents which to avoid prolixity are purposely omitted In His Message of April 12. His Message of May 5. Message of May 19. Mr. Alexander Hampden Dan. Kniveton * He. As in the case of the late Earl of Manchester Lord Privy-Seal Mr. Gamul * Bound Mr. Pym. M. Yeomans M. Bourchier of Bristol M. Tompkins M. Chaloner at London and divers others Published in Latine English French See these Messages in the Appendix n. 1. and 2. In the Appendix In the Appendix Together with this inclosed in a Letter from Prince Rupert to the Earl of Essex His Majesty sent a safe Conduct for their Commissioners and their Retinue Prince Rupert's Letter His Majesty's Propositions All their Commissioners were not then come to Vxbridge * The Papers intended are the Propositions concerning Religion which were not then delivered It was on Thursday being Market-day and the first day of the Meeting * The Paper intended is that before of 30. Jan. num 13. The Propositions here intended are those before mentioned on their part sent by the Earl of Denbigh and others to Oxford And the Bill for abolishing Episcopacy is in the Appendix n. 3. * Meaning the next present Paper * This joynt Declaration is already printed But the Articles being not Printed are in the Appendix n. 4. * See before num 31. * The Directory which was delivered in is of great length and the Covenant delivered with it both now Printed and obvious are therefore forborn to be inserted here or in the Appendix * See them in the Appendix n. 5. and 6. * The Alterations intended here and in the third Proposition are according to the Articles of the Treaty at Edenburgh which see in the Appendix n. 4. and the joynt Declaration of both Kingdoms which are That whereas by the Bill the Bishops Lands are mentioned to be given to the King and other Church-Lands for other uses by those Articles and Declarations they may be taken away and imployed to payment and recompence of the Scots and for paying the publick Debts and repairing of particular Losses * That was by Conference See num 59. * These words are in the preamble of the Bill presented by them for abolishing Episcopacy See before in the margin to the Paper num 44. * See that Clause in the Bill in the Appendix n 3. at this mark †* Num. 52. * None were made * None at all were delivered in * See these Papers after n 170. 192 and 193. * The Paper intended is the King's Commissioners Reply to their first Answer 13. Feb. n. 61. * See the Paper 20. Feb. after n. 196 being delivered upon another occasion * See before num 56. * See num 84. * See num 86. 88. * See the Paper intended n. 91. * The precedent Paper * The next precedent Paper * The Paper after n. 128 was delivered with this * See before n. 16. * See the printed Act. * See n. 107. and 109. and n. 105. * See the Papers intended n. 92. 106 * Nu. 111. * See before n. 111 The Admiralty is an office of Inheritance in Scotland and setled by Act of Parliament * Num. 84. * n. 361. * Copies of the Letters and Advices were accordingly delivered In the Appendix See the late Statute concerning the Adventures for Irish Lands * See the Letters and Advices in the Appendix num 9. See all these in the Appendix * Demand * Which were the the two next precedent Papers * The two Papers following n. 171 172. were delivered in before this Paper and the reference is to them others formerly delivered on that Subject * See the Paper 20. Feb. n. 192. touching His Majesties return to Westminster * of * given * It is the sixth of His Majesties Propositions See His Majesties Propositions n. 8. and the Letter from the Earl of Essex n. 9. that their Commissioners should have Instructions to Treat upon them * See their Paper before 11. Feb. num 184. * See their Paper num 63. referring to this * See their last Paper * Manner * protest See them in the Narrative num 136 177 178. * See it in the Narrative num 136. See the Narrative n. 77. num 78. num 80. num 81. num 105. 107. num 106 107 112. num 109. num 110. num 111. num 113. 115. num 116. num 117. num 118. num 119. * These are their words but seem to be mistaken for Our Commissioners always insisted We should name some of them See Our Commissioners Paper touching Our Return to the two Houses after Disbanding of Armies num 191. num 130. Num. 131. See num 132. Num. 130. Num. 136. See these in the Narrative nnm 177 178. Presented Jul. 24. These Propositions are for the most part the same with those at Vxbridge Representation of the Army Jun. 14. 1647. The Propositions being the same with those at Newcastle we have only repeated the heads as we found them This is part of the third in the Propositions 14. To null all Honours conferred since 1642. by the old Seal These Propositions being generally the same with those at Vxbridge Newcastle and Hampton-Court it was thought fit to represent only the Heads Acts xiv 23. Acts vi 6. 1 Cor. xvi 1. 1 Cor. xiv 1 Cor. v. 3. iii Joh. 9 10. 1 Tim. v. 22. Tit. i. 5. Rev. ii iii. 1 Tim. v. 19. Tit. iii. 10. Tit. i. 5 7. Acts xx 17 18. 1 Pet. v. 1 2. * by * Exercit. 8. in Ignat. c. 3. a Act. xvii 14. b 15. c i Thes iii. 1 2. d Act. xviii 5. e Act. xix 22. f Act. xx 4. g ver 5 6. h ver 17. h i Tim. i. 3. i Heb. xiii 23. * Phil. i. 1. Philem. ver 1. Col. i. 1. Heb. xiii 23. ii Tim. iv 6 10. 11 12 16. k Gal. i. 2. l Tit. iii. 12. m ii Cor. ii 12. n ii Cor. v. 6. o ii Cor. viii 6. p ii Tim. iv 10. 1. Reply Sect. 1 2 2. Reply Sect. 3. 4 5. 3. Reply Sect. 6. 4. Reply Sect. 7. 5. Reply Sect. 8. 6. Reply Sect. 9. 7. Reply Sect. 10. 15. 8. Reply 16. 9. Reply 17 18. 10. Reply 19 28. 11. Reply 23 27. 12. Reply 19 c.
you will I stand more for their Liberties For if Power without Law may make Laws may alter the Fundamental Laws of the Kingdom I do not know what Subject he is in England that can be sure of his Life or any thing that he calls his own Therefore when that I came here I did expect particular Reasons to know by what Law what Authority you did proceed against Me here and therefore I am a little to seek what to say to you in this particular because the Affirmative is to be proved the Negative often is very hard to do But since I cannot perswade you to do it I shall tell you My Reasons as short as I can My Reasons why in Conscience and the Duty I owe to God first and My People next for the preservation of their Lives Liberties and Estates I conceive I cannot answer this till I be satisfied of the Legality of it All proceedings against any man whatsoever Bradshaw Sir I must interrupt you which I would not do but that what you do is not agreeable to the proceedings of any Court of Justice You are about to enter into Argument and Dispute concerning the Authority of this Court before whom you appear as a Prisoner and are charged as an high Delinquent If you take upon you to dispute the Authority of the Court we may not do it nor will any Court give way unto it you are to submit unto it you are to give a punctual and direct Answer whether you will answer your Charge or no and what you Answer is KING Sir by your favour I do not know the Forms of Law I do know Law and Reason though I am no Lawyer profess'd but I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the People of England more than you do and therefore if I should impose a belief upon any man without Reasons given for it it were unreasonable but I must tell you that that Reason that I have as thus informed I cannot yield unto it Bradshaw Sir I must interrupt you you may not be permitted You speak of Law and Reason it is fit there should be Law and Reason and there is both against you Sir the Vote of the Commons of England assembled in Parliament it is the Reason of the Kingdom and they are these too that have given that Law according to which you should have ruled and reigned Sir you are not to dispute our Authority you are told it again by the Court Sir it will be taken notice of that you stand in contempt of the Court and your Contempt will be recorded accordingly KING I do not know how a King can be a Delinquent but by any Law that ever I heard of all men Delinquents or what you will let Me tell you they may put in Demurrers against any proceeding as Legal and I do demand that and demand to be heard with My Reasons If you deny that you deny Reason Bradshaw Sir you have offered something to the Court I shall speak something unto you the sense of the Court. Sir neither you nor any man are permitted to dispute that point you are concluded you may not demurr to the Jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer They sit here by the Authority of the Commons of England and all your Predecessors and you are responsible to them KING I deny that shew Me one Precedent Bradshaw Sir you ought not to interrupt while the Court is speaking to you This point is not to be debated by you neither will the Court permit you to do it If you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirm their own Jurisdiction KING I say Sir by your favour that the Commons of England was never a Court of Judicature I would know how they came to be so Bradshaw Sir you are not to be permitted to go on in that speech and these discourses Then the Clerk of the Court read Charles Stuart King of England you have been accused on the behalf of the People of England of High Treason and other High Crimes the Court have determined that you ought to answer the same KING I will answer the same so soon as I know by what Authority you do this Bradshaw If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again KING I do require that I may give in My Reasons why I do not answer and give Me time for that Bradshaw Sir 't is not for Prisoners to require KING Prisoners Sir I am not an ordinary Prisoner Bradshaw The Court hath considered of their Jurisdiction and they have already affirmed their Jurisdiction If you will not answer we shall give order to record your Default KING You never heard My Reasons yet Bradshaw Sir your Reasons are not to be heard against the Highest Jurisdiction KING Shew Me that Jurisdiction where Reason is not to be heard Bradshaw Sir we shew it you here the Commons of England and the next time you are brought you will know more of the pleasure of the Court and it may be their final Determination KING Shew Me where ever the House of Commons was a Court of Judicature of that kind Bradshaw Serjeant take away the Prisoner KING Well Sir remember that the King is not suffered to give in His Reasons for the Liberty and Freedom of all His Subjects Bradshaw Sir you are not to have liberty to use this language How great a Friend you have been to the Laws and Liberties of the People let all England and the World judge KING Sir under favour it was the Liberty Freedom and Laws of the Subject that ever I took defended My self with Arms I never took up Armes against the People but for the Laws Bradshaw The Command of the Court must be obeyed No Answer will be given to the Charge KING Well Sir Then Bradshaw ordered the Default to be recorded and the Contempt of the Court and that no Answer would be given to the Charge The King was guarded forth to Sir Robert Cotton's house The Court adjourned to the Painted Chamber on Tuesday at twelve of Clock and from thence they intend to adjourn to Westminster-Hall at which time all persons concerned are to give their attendance His Majesty not being suffered to deliver His Reasons against the Jurisdiction of their pretended Court by word of mouth thought fit to leave them in writing to the more impartial judgment of Posterity as followeth HAving already made My Protestations not only against the Illegality of this pretended Court but also That no Earthly Power can justly call Me who am your King in question as a Delinquent I would not any more open My mouth upon this occasion more than to referr My self to what I have spoken were I in this Case alone
Miseries and the general Calamities of this Kingdom which must if this War continue speedily overwhelm this whole Nation take no Advantage of it But if you shall really pursue what you presented to Us at Colebrook We shall make good all that We then gave you in Answer to it whereby the hearts of Our distressed Subjects may be raised with the Hopes of Peace without which Religion the Laws and Liberties can no ways be settled and secured Touching the late and sad Accident you mention if you thereby intend that of Brainceford We desire you once to deal ingenuously with the People and to let them see Our last Message to you and Our Declaration to them concerning the same both which We sent to Our Press at London but were taken away from Our Messenger and not suffered to be published and then We doubt not but they will be soon undeceived and easily find out those Counsels which do rather perswade a desperate Division than a good Agreement betwixt Us Our two Houses and People MDCXLII III. The Proceedings in the late Treaty of Peace Together with several Letters of His MAJESTY to the Queen and of Prince Rupert to the Earl of Northampton which were intercepted and brought up to the Parliament With a Declaration of the Lords and Commons upon those Proceedings and Letters The humble Desires and Propositions of the Lords and Commons in Parliament assembled tendred unto His Majesty Feb. 1. 1642. WE Your Majesty's most humble and faithful Subjects the Lords and Commons in Parliament assembled having in our thoughts the Glory of God Your Majesty's Honour and the Prosperity of Your People and being most grievously afflicted with the pressing Miseries and Calamities which have overwhelmed Your two Kingdoms of England and Ireland since Your Majesty hath by the perswasion of evil Counsellors withdrawn Your Self from the Parliament raised an Army against it and by force thereof protected Delinquents from the Justice of it constraining us to take Armes for the defence of our Religion Laws Liberties Privileges of Parliament and for the sitting of the Parliament in safety which Fears and Dangers are continued and increased by the raising drawing together and arming of great numbers of Papists under the command of the Earl of Newcastle likewise by making the Lord Herbert of Ragland and other known Papists Commanders of great Forces whereby many grievous Oppressions Rapines and Cruelties have been and are daily exercised upon the persons and estates of Your People much innocent blood hath been spilt and the Papists have attained means of attempting and hopes of effecting their mischievous Design of rooting out the Reformed Religion and destroying the professors thereof in the tender sense and compassion of these evils under which Your People and Kingdom lie according to the duty which we owe to God Your Majesty and the Kingdom for which we are intrusted do most earnestly desire that an end may be put to these great Distempers and Distractions for the preventing of that Desolation which doth threaten all Your Majesties Dominions And as we have rendred and still are ready to render to Your Majesty that Subjection Obedience and Service which we owe unto You so we most humbly beseech Your Majesty to remove the Cause of this War and to vouchsafe us that Peace and Protection which we and our Ancestors have formerly enjoyed under Your Majesty and Your Royal Predecessors and graciously to accept and grant these most humble Desires and Propositions I. That Your Majesty will be pleased to disband Your Armies as we likewise shall be ready to disband all those Forces which we have raised and that You will be pleased to return to your Parliament II. That You will leave Delinquents to a Legal Trial and Judgement of Parliament III. That the Papists may not only be disbanded but disarmed according to Law IV. That Your Majesty will be pleased to give Your Royal Assent unto the Bill for taking away Superstitious Innovations to the Bill for the utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans Subdeans Deans and Chapters Archdeacons Canons and Prebendaries and all Chanters 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 to the Bill against Scandalous Ministers to the Bill against Pluralities and to the Bill for Consultation to be had with godly religious and learned Divines That Your Majesty will be pleased to promise to pass such other good Bills for settling of Church-Government as upon consultation with the Assembly of the said Divines shall be resolved on by both Houses of Parliament and by them be presented to your Majesty V. That Your Majesty having exprest in Your Answer to the Nineteen Propositions of both Houses of Parliament a hearty affection and Intentions for the rooting out of Popery out of this Kingdom and that if both the Houses of Parliament can yet find a more effectual course to disable Jesuits Priests and Popish Recusants from disturbing the State or eluding the Laws that You would willingly give Your Consent unto it That You would be graciously pleased for the better discovery and speedier conviction of Recusants that an Oath may be established by Act of Parliament to be administred in such manner as by both Houses shall be agreed on wherein they shall abjure and renounce the Popes Supremacy the doctrine of Transubstantiation Purgatory worshipping of the consecrated Hoast Crucifixes and Images and the refusing the said Oath being tendred in such manner as shall be appointed by Act of Parliament shall be a sufficient Conviction in Law of Recusancy And that Your Majesty will be graciously pleased to give Your Royal Assent unto a Bill for the Education of the Children of Papists by Protestants in the Protestant Religion That for the more effectual execution of the Laws against Popish Recusants Your Majesty would be pleased to consent to a Bill for the true levying of the Penalties against them and that the same Penalty may be levyed and disposed of in such manner as both Houses of Parliament shall agree on so as Your Majesty be at no loss and likewise to a Bill whereby the practice of Papists against the State may be prevented and the Laws against them duly executed VI. That the Earl of Bristol may be removed from Your Majesty's Counsels and that both he and the Lord Herbert eldest Son to the Earl of Worcester may likewise be restrained from coming within the verge of the Court and that they may not bear any Office or have any imployments concerning the State or Commonwealth VII That Your Majesty will be graciously pleased by Act of Parliament to settle the Militia both by Sea and Land and for the Forts and Ports of the Kingdom in such a manner as shall be agreed on by both Houses VIII That Your Majesty will be pleased
by Your Letters Patents to make Sir John Brampston Chief Justice of Your Court of Kings Bench William Lenthal Esquire the now Speaker of the Commons House Master of the Rolls and to continue the Lord Chief Justice Banks Chief Justice of the Court of Common Pleas and likewise to make Master Serjeant Wilde Chief Baron of Your Court of Exchequer and that Master Justice Bacon may be continued and Master Serjeant Rolls and Master Serjeant Atkins made Justices of the Kings Bench that Master Justice Reeves and Master Justice Foster may be continued and Master Serjeant Phesant made one of Your Justices of Your Court of Common Pleas that Master Serjeant Creswel Master Samuel Brown and Master John Puleston may be Barons of the Exchequer and that all these and all the Judges of the same Courts for the time to come may hold their places by Letters Patents under the great great Seal quamdiu se bene gesserint and that the several persons not before named that do hold any of these places before mentioned may be removed IX That all such persons as have been put out of the Commissions of Peace or Oyer and Terminer or from being Custodes Rotulorum since the first day of April 1642. other than such as were put out by desire of both or either of the Houses of Parliament may again be put into those Commissions and Offices and such that persons may be put out of those Commissions and Offices as shall be excepted against by both Houses of Parliament X. That Your Majesty will be pleased to pass the Bill now presented to Your Majesty to vindicate and secure the Privileges of Parliament from the ill consequence of the late Precedent in the Charge and Proceeding against the Lord Kimbolton now Earl of Manchester and the five Members of the House of Commons XI That Your Majesty's Royal Assent may be given unto such Acts as shall be advised by both Houses of Parliament for the satisfying and paying the Debts and Damages wherein the two Houses of Parliament have ingaged the Publick Faith of the Kingdom XII That Your Majesty will be pleased according to a Gracious Answer heretofore received from You to enter into a more strict Alliance with the States of the United Provinces and other Neighbour Princes and States of the Protestant Religion for the defence and maintenance thereof against all designs and attempts of the Popish and Jesuitical Faction to subvert and suppress it whereby Your Subjects may hope to be free from the mischiefs which this Kingdom hath endured through the power which some of that Party have had in Your Counsels and will be much encouraged in a Parliamentary way for Your Aid and Assistance in restoring Your Royal Sister and the Prince Elector to those Dignities and Dominions which belong unto them and relieving the other distressed Protestant Princes who have suffered in the same Cause XIII That in the General Pardon which Your Majesty hath been pleased to offer to Your Subjects all Offences and Misdemeanours committed before the tenth of January 1641. which have been or shall be questioned or proceeded against in Parliament upon complaint in the House of Commons before the tenth of January 1643. shall be excepted which offences and misdemeanours shall never the less be taken and adjudged to be fully discharged against all other inferiour Courts That likewise there shall be an exception of all Offences committed by any person or Persons which hath or have had any hand or practice in the Rebellion of Ireland which hath or have given any counsel assistance or encouragement to the Rebels there for the maintenance of that Rebellion as likewise an exception of William Earl of Newcastle and George Lord Digby XIV That Your Majesty will be pleased to restore such Members of either House of Parliament to their several places of Services and Imployment out of which they have been put since the beginning of this Parliament that they may receive satisfaction and reparation for those places and for the profits which they have lost by such removals upon the Petition of both Houses of Parliament and that all others may be restored to their Offices and Imployments who have been put out of the same upon any displeasure conceived against them for any Assistance given to both Houses of Parliament or obeying their Commands or forbearing to leave their Attendance upon the Parliament without licence or for any other occasion arising from these unhappy Differences betwixt Your Majesty and both Houses of Parliament upon the like Petition of both Houses These things being granted and performed as it hath always been our hearty Prayer so shall we be enabled to make it our hopeful Endeavour That Your Majesty and Your People may enjoy the blessings of Peace Truth and Justice the Royalty and Greatness of Your Throne may be supported by the Loyal and bountiful Affections of Your People their Liberties and Privileges maintained by Your Majesty's Protection and Justice and this publick Honour and Happiness of Your Majesty and all Your Dominions communicated to other Churches and States of Your Alliance and derived to Your Royal Posterity and the future Generations in this Kingdom for ever H. Elsinge Cler. Parl. D. Com. His MAJESTY'S Answer to the Desires and Propositions of both Houses February the third 1642. Received at a Conference with the Lords February the sixth 1642. IF His Majesty had not given up all the faculties of His Soul to an earnest endeavour of a Peace and Reconciliation with His People or if He would suffer Himself by any Provocation to be drawn to a sharpness of Language at a time when there seems somewhat like an Overture of Accommodation He could not but resent the heavy charges upon Him in the Preamble of these Propositions and would not suffer Himself to be reproached with protecting of Delinquents by force from Justice His Majesty's desire having always been that all Men should be tryed by the known Law and having been refused it with raising an Army against His Parliament and to be told that Arms have been taken up against Him for the defence of Religion Laws Liberties Privileges of Parliament and for the sitting of the Parliament in safety with many other Particulars in that Preamble so often and so fully answered by His Majesty without remembring the world of the time and circumstances of raising those Arms against Him when His Majesty was so far from being in a condition to invade other mens Rights that He was not able to maintain and defend His own from violence and without telling His good Subjects that their Religion the true Protestant Religion in which His Majesty was born hath faithfully lived and to which He will die a willing Sacrifice their Laws Liberties Priviledges and safety of Parliament were so amply settled and established or offered to be so by His Majesty before any Army was raised against Him and long before any raised by Him for His defence that if nothing had