heare 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 intervalls of Parliaments from the Commissioners for the preservation of the publique Peace 3. To raise and joyne the Forces of both Kingdomes to resist all Forreigne Invasion and to suppresse any Forces raised within any of the Kingdomes to the disturbance of the publique Peace of the Kingdomes by any authority under the great Seale 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 Kingdome whereof they are Subjects and that in those cases of joynt concernment to both Kingdomes the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdomes 4. To order the Warre of Ireland according to the Ordinance of the 11th of Aprill and to order the Militia and conserve the peace of the Kingdome of Ireland 18. That His Majesty give his assent to what the two Kingdomes shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished 19. That by Act of Parliament all Peeres made since the day that Edward Lord Littleton then Lord Keeper of the Great Seale deserted the Parliament and that the said Great Seale 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 20th day of May 1642. being the day that both Houses declared That the King seduced by evill Counsell intended to raise Warre against the Parliament be declared nul and voyd The like for the Kingdome of Scotland those being excepted whose Patents were passed the Great Seale before the 4th of Iune 1644. 20. That by Act of Parliament the Deputy or chiefe Governour or other Governours of Ireland be nominated by both Houses of Parliament or in the intervalls of Parliament by the Commissioners to continue during the pleasure of the said Houses or in the intervalls 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 Seale or Treasury Lord Warden of the Cinque-Ports Chancellors of the Exchequer and Dutchee Secretaries of State Judges of both Benches and of the Exchequer of the Kingdomes of England and Ireland be nominated by both Houses of Parliament to continue quà m diu se bene gesserint and in the intervalls 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 Generall and in such manner as the Estates in Parliament there shall thinke fit 21. That by Act of Parliament the Education of Your Majesties Children and the Children of Your Heires and Successors be in the true Protestant Religion and that their Tutors and Governors be of knowne integrity and be chosen by the Parliaments of both Kingdomes or in the intervalls 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 onely as are of the true Protestant Religion if they be Female they may not be married but with the advice and consent of both Parliaments or in the intervalls of Parliament by their Commissioners 22. That your Majesty will give your Royall assent to such wayes and meanes as the Parliaments of both Kingdomes shall think fitting for the uniting of the Protestant Princes and for the entire restitution and Reestablishment of Charles Lodwick Prince Elector Palatine His Heires and Successors to His Electorall 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 bloudshed and mischiefe against both Kingdomes 23. That by Act of Parliament the concluding of Peace or Warre with Forraigne Princes and States be with advice and consent of both Parliaments or in the intervalls of Parliaments by their Commissioners 24. That an Act of Oblivion be passed in the Parliaments of both Kingdomes respectively relative to the Qualifications in the Propositions aforesaid concerning the joynt Declaration of both Kingdomes with the exception of all Murderers Theâ—ves and other Offendors not having relation to the Warre 25. That the Members of both houses of Parliament 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 Kingdome of Scotland 26. That the Armies may be Disbanded at such time and in such manner as shall be agreed upon by the Parliaments of both Kingdomes or such as shall be authorised by them to that effect 27. That an Act be passed for the granting and confirming of the Charters Customes 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-Councell assembled or such as they shall from time to time appoint whereof the Lord Major and Sheriffs for the time being to be there 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-Councell of the said City to be ordered in such manner as shall be agreed on and appoynted by both Houses of Parliament That the Tower of London may be in the Government of the City of London and the Chiefe Officer and Governour thereof from time to time be nominated and removeable by the Common-Councell That the Citizens or forces of London shall not be drawn out of the City into any other parts of the Kingdome without their own consent and that the drawing of their Forces into other parts of the Kingdome in these distracted times may not be drawn into example for the future And for prevention of Inconveniencies which may happen by the long intermission of Common-Councels It is desired that there be an Act that all By-Lawes and Ordinances already made or hereafter to be made by the Lord Major Aldermen and Commons in Common-Councell assembled touching the calling continuing directing and regulating of the same shall be as effectuall in Law to all intents and purposes as if
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 yeare of our Lord one Thousanâ— six Hundred fortie and three there shall be no Arch-Bishop Bishop Chancellour or Commissarie of any Arch-Bishop or Bishop nor any Deane Sub-Deane Deane and Chapter or Arch-Deacon nor any Chancellour Chaunter Treasurer Sub-Treaâ—urer Succentor or Sacrist of any Cathedrall or Collegiate Church nor any Prebendary Canon Canon-Residenciary Petty-Canon Vicar Chorall Choristers Old-Vicars or new-Vicars of or within any Cathedrall or Collegiate Church or any other their Officers within this Church of England or Dominion of Wales And that from and after the said fifth day of Novemb. the Name Title Dignity Iurisdiction Office and Function of Arch-Bishops Bishops their Chancellours and Commissaries Deanes Sub-Deanes Deanes and Chapters Arch-Deacons Canons and Prebendaries and all Chaunters Chauncellours Treasurers Sub-Treasurers Succentors and Sacrists and all Vicars Corall and Choristers old-Vicars and new-Vicars and every of them and likewise the having using or exercising of any Power Iurisdiction Office or Authority by reason or colour of any such Name Title Dignity office or Function within this Realme of England or Dominion of Wales shall thenceforth cease determine and become absolutely voyd and shall be abolished out of this Realme and the Dominion of Wales any Vsage Law or Statute to the conâ—rary 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 Kings Majestie His Heires or Successors shall use or exercise any Iurisdiction Ecclesiasticall within this Realme 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 Annuitiâ—s Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entrie Interests Titles of Entrie Conditions Commons Courts-Leete and Courts-Baron and all other Possessions and Herediments whatsoever of what nature or quality soever they be or wheresoever they lie or be other then Impropriations Parsonages Appropriats Tithes Oblations Obventions Pention Portions of Tithes Parsonages Vicarages Churches Chappâ—ls Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were of or belonging unto any Arch-Bishop Bishop Arch-bishâ—prick or Bishopâ—iâ—k or any of them or which they or any of them held or injoyâ—d in right of their said Arch-bishâ—prick or Bishoprick respectively shall by the authority of Parliament be vested adjudged and deemed to be and shall be in the very real and actuall possession and seisin of the Kings Majesty His Heires and Successors And shall have hold possesse and enioy the same to Him His Heires and Successors without any Entrie or other Act whatsoever and that the Kings Maiestic His Heires and Successors His and their Lessees Farmers and Tenants shall hold anâ—â—nâ—oy the same discharged and acquitted of payment of Tithes as fâ—eely and in as large ample and beneficiall meanes to all intents and purposes as any Arch-Bishop or Bâ—shop at any time or times within the space of two yeares last past held or injoyed or of right ought to have held or inioyed the same Provided neverthelesse and be it enacted by the authority aforesaid that all Leases Grants Guifts Letters Patents Conveyances Assurances or Estates whatsoever hereafter to be made by the Kings Maiestie His Heires 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 Maiestie His Heires or Successors other then for the Terme of one and twenty yeares or three Lives or some other Terme of yeares 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 yearely Rent or more shall be reserved and payable yearely during the said Terme And whereof any former Lease is in being not to be expired surrendred or ended within three yeares after the making of any such new Lease shall be utterly voyd and of none effect to all intents constructions and purposes any clause or words of non obstante to be put in any such Patent Graunt Conveyance or Assurance and any Law Vsage Custome 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 Vicaridges 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 Meadowes Pastures Woods Rents Reversions Services Parsonages Appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicaridges Churches Chappels Advowsons Nominations rights of Patronage and Presentation Parkes Arnuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entrie Interests Titles of Entire Conditions Commons Courts Leete 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-Deane Deane Deane and Chapter Arch-Deacon Chanter Chancellor Treasurer Sub Treasurer Succentor Sacrist Prebendary Cannon Cannon Residentiaâ—ie Petty-Cannon Vicars Chorall Choristers old Vicâ—rs and â—ew Vicars or any of them or any of the Officers of them or any of them which they held or inioyed 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 reall and actuall Possession and Seisin of Sr William Roberts Knight Thomas Atkins Sr Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esquire Peter Malborne Esquire and they shall have hold possesse and enioy the same to them their Heires and Assignes without any Entrie or other Act whatsoever and that for themselves their Lessees Farmers and Tennants discharged and acquitted of payment of Tithes as freely and in as large ample and beneficiall manner to all Intents and Purposes as any of the Persons or Corporations whose offices or places are taken away by this Act at any time or times within the space of two yeares now last past held or enjoyed or of right ought to have held or enjoyed the same In trust and Confidence neverthelesse and to the intent and purpose that they the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wolâ—aston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peter Malborne Esqu and the Survivors and Survivor of them his and their heires Assignes shall satisfie
of Hackney Jeremy Boroughes of Stepney Edmund Calamy Batchellor in Divinity George Walker Batchellor in Divinity Ioseph Carroll of Lincolns Inne Lazarus Seaman of London D. Iohn Harris Warden of Winchester Colledge George Morley of Mildenhall Edward Reynolds of Branston Thomas Hill of Titchmarch Batchellor in Divinity D. Robert Saunderson of Boothby Pannell Iohn Foxcroft of Gotham Iohn Iackson of Marske William Carter of London Thomas Thoroughgood of Massingham Iohn Arrowsmith of Lynne Robert Harris of Hanwell Batchellor in Divinity Robert crosse of Lincolne Colledge Batchellor in Divinity Iames Archbishop of Armagh Dr Matthias Styles of Saint George Escheape London Samuel Gibson of Burley Jeremiah Whitacre of Stretton D. Edmund Stanton of Kingston D. Daniel Featley of Lambeth Francis Coke of Yoxhall John Lightfoote of Asheley Edward Corbet of Merton Colledge Oxon Samuel Heldersham of Felton John Langley of Westuderley Christopher Tisdale of Vphusborne Tâ—â—â—as Young of Stowmarket John Phillips of Wrentham Humphrey Chambers of Claverton Batchellor in Divinity John Conant of Lymington Barchellor in Divinity Henry Hall of Norwich Batchellor in Divinity Henry Hutton Henry Scuddir of Colingborne Thomas Baylie of Manningford Bruce Benjamine Pickering of Easthoateley Henry Nye of Clapham Arthur Sallaway of Seavernestoake Sydrake Sympson of London Anthony Burgesse of Sutton Coldfield Richard Vines of Calcot William Greenhill of Stepney William Moreton of Newcastle Richard Buckley D. Thomas Temple of Battersey Simeon Ashe of Saint Brides M. Nicholson Thomas Gattaker of Rotherhithe Batchellor in Divinity Iames Weldy of Sylatten D. Christopher Pashley of Hawarden Henry Tozer Batchellor in Divinity William Spurstow of Hampden in Com. Bucks Francis Channell of Oxon Edward Ellis of Gilffield Batchellor in Divinity D Iohn Hacket of Saint Andrews Holborne Samuel de la Place Iohn de la March Matthew Newcomen of Dedham William Lyford of Sherborne in Com. Dorset M. Carter of Dynton in Com. Bucks William Lance of Harrow in Middlesex Thomas Hodges of Kensington in Com. Middlesex Andreas Perne of Wilby in Com. Northampton D. Thomas Westfield of S. Bartholomew le great London Bishop of Bristoll D. Henry Hammon of Penshurst in Kent Nicholas Prophet of Marlborough in Com. Wilts Peter Sterry of London Iohn Erle of Bishopston in Com. Wilts M Gibbon of Waltham Henry Painter of Exceter Batchellor in Divinity M. Michelâ—hwaite of Cherry-burton D. Iohn Wincop of S. Martins in the fields M. Price of Pauls Church in Covent garden Henry Wâ—lkinson Junior Batchellor in Divinity D. Richard Oldsworth Master of Emanuell Colledge in Cambridge M. William Duning of Coldaston and such other person and persons as shall be nominated and appointed by both Houses of Parliament or so many of them as shall not be letted by sicknesse or other necessary impediment shall meet and assemble and are hereby required and enjoyned upon summons signed by the Clerkes of both Houses of Parliament left at their severall respective dwellings to meet and assemble themselves at Westminster in the Chappell called King Henry the sevenths Chappell on the first day of Iuly in the yeare of our Lord one Thousand sixe hundred forty three and after the first meeting being at least of the number of forty shall from time to time sit and be removed from place to place and also that the said Assembly shall be dissolved in such manner as by both Houses of Parliament shall be directed And the said persons or so many of them as shall be so Assembled or sit shall have power and authority and are hereby likewise enjoyned from time to time during this present Parliament or untill further order be taken by both the said Houses to conferre and treat amongst themselves of such matters and things touching and concerning the Liturgy Discipline and Government of the Church of England or the vindicating and clearing of the doctrine of the same from all false aspertions and misconstructions as shall be proposed unto them by both or either of the said Houses of Parliament and no other and to deliver their opinions and advices of or touching the matters aforesaid as shall be most agreeable to the Word of God to both or either of the said Houses from time to time in such manner and sort as by both or either of the said Houses of Parliament shall be required and the same not to divulge by Printing writing or otherwise without the consent of both or either House of Parliament And be it further Ordained by the authority aforesaid that William Twiss Doctor in Divinity shall sit in the Chaire as Prolocutor of the said Assembly and if he happen to die or be letted by sicknesse or other necessary impediment then such other person to be appointed in his place as shall be agreed on by both the said Houses of Parliament And in case any difference of Opinion shall happen among the said persons so assembled touching any the matters that shall be proposed to them as aforesaid that then they shall represent the same together with the reasons thereof to both or either of the said Houses respectively to the end such further direction may be given therein as shall be requisite in that behalfe And be it further ordained by the authority aforesaid that for the charges and expences of the said Divines and every of them in attending the said service there shall be allowed unto every of them that shall so attend during the time of their said attendance and for ten dayes before and ten dayes after the summe of foure shillings for every day at the charges of the Common-wealth at such time and in such manner as by both Houses of Parliament shall be appointed And be it further Ordained that all and â—very the said Divines so as aforesaid required and enjoyned to meet and assemble shall be freed and acquitted of and from every offence forfeiture penalty losse or damage which shall or may arise or grow by reason of any non-residence or absence of them or any of them from his or their or any of their Church Churches or Cures for or in respect of their said attendance upon the said Service any Law or Statute of Non-residence or other Law or Statute enjoyning their attendance upon their respective Ministeries or Charges to the contrary thereof notwithstanding And if any of the persons before named shall happen to dye before the said Assembly shall be dissolved by Order of both Houses of Parliament then such other person or persons shall be nominated and placed in the roome and stead of such person and persons so dying as by both the said Houses shall be thought fit and agreed upon And every such person or persons so to be named shall have the like Power and Authority Freedome and acquittall 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 Ordiâ—ance is by this Ordinance limited and appointed Provided alwayes that this Ordinance
Lord Culpeper Sir Edward Nicholas Knight one of Our principall Secretaries of State Sir Edward Hide Knight Chancellour and Vnder-Treasurer of Our Exchequor Sir Richard Lane chiefe Baron of Our said Exchequor Sir Thomas Gardiner Sir Orlando Bridgeman M Iohn Ashburnham and M. Ieffrey Palmer together with Doctor Richard Steward upon these Propositions concerning Religion to be Our Commissioners touching the premisses And do hereby give unto them and to any ten or more of them full power and authority to meet and on Our part to Treat with Algernoun Earle of Northumberland Philip Earle of Pembroke and Montgomery William Earle of Salisbury Basill Earle of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pieirepoynt Esquires Sir Henry Vane the yonger Knight Oliver S. Iohn Bulstrode Whitlock Iohn Crew and Edmund Prideaux Esquires for the Lords and Commons assembled in the Parliament of England at Westminster and Iohn Earle of Lowdon Lord Chancellour of Scotland Archibald Marquesse of Argile Iohn Lord Maytland Iohn Lord Balmerino Sir Archibald Iohnston Sir Charles Erskin George Dundaâ— Sir Iohn Smith M. Hugh Kennedy and M. Robert Barclay for the Estates of the Parliament of Scotland together with M. 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 premisses into their serious considerations and to compose conclude and end all differences arising thereupon or otherwise as they or any tenne or more of them in their wisdomes 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 premisses We doe by these presents ratifie and confirme the same Given at Our Court at Oxford the Eight and Twentieth day of Ianuary in the Twentieth yeare of Our Raigne 1644. Their Commission to the English Commissioners Die Martis 28. Ianuary 1644. BEE it Ordained by the Lords and Commons assembled in XI Parliament That Algernoun Earle of Northumberland Philip Earle of Pembroke and Montgomery William Earle of Salisbury Bazill Earle of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepont Sir Henry Vane Junior Oliver St. Iohn Bulstrode Whitlock Iohn Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyne 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 Marquisse of Hertford the Earle of Southampton the Earle of Kingston the Lord Dunsmore Lord Capell Lord Seymour Sir Christopher Hatton Sir Iohn Culpeper Sir Edward Nicholas Sir Edward Hide Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardiner M. Iohn Ashbornham M. Ieffery Palmer or any tenne of them upon the Propositions formerly sent to His Maiesty for a safe and well grounded Peace from His Maiesties humble and Loyall Subiects assemblâ—d in the Parliaments of both Kingdomes together with Dr Steward upon the Propositions concerning Religion only and upon his Maiesties 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 Iohn Browne Cler. Parliamentor Their Commission to the Scots Commissioners AT Edinburgh the saxteint day of Iulij The Èeir of God XII M. Vj c fourtye four Èeires The Estaistes of Parliament presentlie conveined be vertew of the last act of the last Tarliament 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 success Did enter into a solemne league Covenant with the Kingdom ParliameÌ„t of England for Reformationne defence of Religionne the honor happines of the King the peace safety of the thrie Kingdoms of Scotland England Ireland And ane Treattie aggried upon ane Armie and Forces raised and sent out of yis Kingdom for these endis Quhairupone the Conventionne of Estaistes of this Kingdome the nynt of Iannuary last being desirous to use all good and lawfull meanes that Treuth and Peace might be established in all His Majesties Dominions with such a blessed Pacificationne betwixt His Maiesty and His Subiectis as might serve most for His Maiesties trew honor and the safety and happines of His people Granted Commissione to Iohn Erle of Lowdounne heigh Chancellor of Scotland Iohne Lord Mai t and than and Èit in England Sir Archibald Iohnestounne of Wariestounne ane of the Lordis of Sessionne and Maister Robert Barclay now in England to repaire to England with power to thame or any twa of yame to endeavoure the effectuating of ye foirsaides endis conforme to the Commmissione and instructiones than giving to thame as the Commissione of the dait foirsaid proportis Lyke as the saides Iohne Lord of Maitland Sir Archibald Iohnestounne and Maister Robert Barclay have evir since attendit in England in the discharge of the foirsaid Commissione Qunhill lately that Sir Archibald Iohnestounne 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 mutuall 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 Commissionars 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 to ye Parliament of England Thairfore the Estaites of Parliament be thir presentis gives full powar and Commissione to the said Iohne Erle of Lowdonne Lord heigh Chancellor of yis Kingdome Archibald Marqueis of Argyle and Iohne Lord Balmerino for the Nobility Sr Archibald Iohnestounne of Wariestonne Sir Charles Erskyne of Cambuuskenneth and Maister George Dundas of Maner for the Barrones Sr Iohne Smyth of Grottâ—ll Proveist of Edenburgh Hew Kennedy Burges of Air and Master Robert Barclay for the Burrowes the thrie Estates of yis Kingdom and to Iohne Lord Maitland supernumerarie in this Commissione or to any thrie or mae of the haill number thair being ane of ilk Estate as Commissionaris from the Estaites of Parliament of this Kinkdome to repaire to the Kinkdome of England sick of them as ar not thair already and with powar to thame or any thrie or mae of the whole number thair being ane of ilk Estaite to endeavour the
Sir Orlando Bridgeman Sir Thomas Gardiner Mr Iohn Ashburnham and Mr Ieffery Palmer or any tenne of them upon the Propositions formerly sent to His Majesty for a safe and well grounded Peace from His Majesties humble and Loyall Subjects assembled in the Parliaments of both Kingdoms Together with Doctor Stuard upon the Propositions concerning Religion only And upon His Majesties 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 Io. BROWNE Cler. Parliam The same last of Ianuary their Commissioners delivered to His Majesties Commissioners this paper Ianuary 31. HAving considered your Commission and Power from His Majesty given in last night by your Lordships we find that XVIII you are authorized to treat only upon certain Propositions sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster and upon His Majesties Answers Messages and Propositions to them and their returnes to his Majesty Wherein we observe that the Propositions sent to His Maiesty from His Maiesties Loyall Subiects assembled in the Parliaments of both His Kingdoms are mentioned to be sent to His Maiestie from the Lords and Commons of Parliament assembled at Westminster and upon His Maiesties Answers Messages and Propositions to them and their Returnes to His Maiesty that a Treaty is to begin And wherein We also observe you have no Power thereby to Treat upon the Propositions sent to His Maiesty from His humble and Loyall Subiects Assembled in the Parliaments of both Kingdoms and the Answers Messages and Propositions sent from His Maiesty 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 returnes to His Maiestie We desire those defects may be cleared and speedily amended The King's Commissioners Answer 31. January WE conceive Our Power being to Treat upon the Propositions XIX brought by the Earle of Denbigh and others and those Propositions being sent from the Parliaments of both Kingdomes there need no mention of the Parliaments of both Kingdomes in that place but that Our power is ample to Treat with your Lordships upon the whole both by expresse words and by other generall words in the Commission which give power to Treat upon those Propositions or any other which generall 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 meane time if your Lordships please We desire * The Papers intended are the Propositions concerned Religion which were not then delivered the papers promised yesterday in the paper delivered by the Earle of Northumberland may be delivered unto Vs that there may be as little losse of time as may be Their Reply 31. Ian. IN answer to your Lordships Paper concerning your Power to XX. 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 supplyed by Tuesday next On Munday the third of February the Kings Commissioners did deliver their Commission renewed as followeth CHARLES R. WHereas certaine Propositions were sent unto us from XXI 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 Vs at Oxford in November last by the Earle of Denbigh and others and upon Our Answers c. as followeth verbatim in His Majesties 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 XXII 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 prejudiciall to either Party if the Treaty break off upon any other Proposition or part of any other Proposition Their Answer 31. Ianuary WEE shall deliver our Demands and Answers in Writing XXIII and desire your Lordships to doe the like The King's Commissioners Reply 1. Feb. WEE desire a full Answer of our Paper that nothing XXIV 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 prejudiciall to either Party if the Treaty breake off Their further Answer 1. February ACcording to our former Paper we shall deliver our demands XXV and answers in writing and we desire your Lordships to doe 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 prejudiciall to either Party if the Treaty break off 3. February IN answer to your Lordships Paper formerly delivered we doe XXVI declare that what shall be delivered in Writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudiciall to either Party if the Treaty breake off upon any other Propositions or part of any Proposition Touching the Seditious Sermon The KING's Commissioners Paper 31. Ianuary WEE have certaine Information from divers Persons XXVII It was on Thursday being Market day and the first day of the Meeting 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 Majesties Person and derogatâ—ry to His Honour stirring up the people against this Treaty and incensing them against Vs telling them That we come with hearts full of Bloud 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 Majesties 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 himselfe And we that are entrusted by His Commission come with cleare Intentions to serve Him in it according to our Consciences and the best of our Iudgements 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 Iustice against the Man that he may have exemplary punishment Their Answer 31. January TO the Paper delivered in by your Lordships this day concerning the Information received of severall Scandalous XXVIII passages Preached in a Sermon in Vxbridge Church by one Mr Love We doe returne this Answer That the said Mr Love is none of our Retinue nor came hither by any privity of ours That we conceive it most reasonable and agreeable to the businesse we are â—ow upon that all just occasions of offence on either part be avoyded 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 iust offence and distrust in His Majestie and shall be as tender of the safety of your Lordships persons according to the safe Conduct as of our owne We shall represent your Lordships Paper concerning this businesse 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 XXIX Preached by M. Love and must referre the way of doing Iustice 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 our proofe thereof to your Lordships Their further Answer 1. February VVE will represent both your Lordships papers concerning XXX M. 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. Jan. ACcording to the * The Paper intended is that before of 30. Ian. no. 13. paper delivered by us to your Lordships XXXI yesternight we do now offer these Propositions following which concerne 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 The Propositions here intended are those before mentioned on theiâ— part sent by the E. of Denbigh and others to Oxford And the Bill for abolishing Episcopacy is in the Appendix no. 3. Assembly of Divines be confirmed by Act of Parliament That the Directory for Publique Worship already passed both houses of the Parliament of England And the Propositions concerning Church Governement 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 Solemne 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 joyne in the Government of the Church in such manner as shall be established by Parliament That many particular Congregations shall be under one Presbyteriall Government That the Church be Governed by Congregationall Classicall and Synodicall Assemblies in such manner as shall be established by Parliament That Synodicall Assemblies shall consist both of Provinciall and Nationall Assemblies The King's Commissioners Paper 1. February HAving considered your Lordships Paper containing the XXXII Propositions concerning Religion with the paper annexed and finding the same to contain absolute Alterations in the Government both of the Ecclesiasticall and Civile 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 appeare 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. Feb. OVr Paper given in to your Lordships concerning Religion XXXIII doth contain no alterations but such as are usuall in a time of Reformation and by the Wisdome of the Parliaments of both Kingdoms are judged necessary at this time for setling Religion and Peace And as by our Commissions and Papers formerly shâ—wed 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 doe as we have already signified to your Lordships by a former Paper The KING's Commissioners Paper 1. Feb. YOur Lordships first Proposition in the Paper concerning XXXIV Religion referring to the third Proposition sent to His Majesty we find that referres to the Articles of the late Treaty of the daâ—e at Edinburgh 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 sâ—ttiâ—g of the Assembly of Divines We desire to see those Ordinances Their Answer 1. Feb. ACcording to your Lordships desire in the * Meaning the next present Paper third Paper We XXXV now deliver in the Articles of the late Treaty of the date at Edinburgh 29 of November 1643. and the * This joynt Dâ—claration is already printed But the Articles being not Printed are in the Appendix n o 4. 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. VVEE desire to know whether the Propositions which XXXVI 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 XXXVII by us unto your Lordships upon the Propositions formerly sent unto His Maiesty from the Parliaments of both Kingdoms which we shall in due time give in unto your Lordships But we doe first desire your Answer to the Paper touching Religion given in yesterday that some good progresse may be made therein before the three daies assigned to treat upon Religion in the first place doe expire The KING's Commissioners Paper 1. Feb. VVEE desired to know whether the Propositions XXXVIII 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
Portions of Tithes Vicaridges Churches Chappell 's Advowsons Nominations Presentations Rights of Patronage Parkes Annuities and other Possessions and Hereditaments whatsoever of what nature or quality soever they be lying and being within every such County or City not hereby limited or disposed of unto His Majesty doe belong or appertaine unto all every or any such Arch-Bishop Bishop Deane Sub-Deane Deane and Chapâ—er Arch-Deacon Chanter Chancellor Treasurer Sub Treasurer Succentor Sacrist Prebendary Canon Canon Residenciary Petty Canon Vicar Chorall Chorister old Vicar or new Vicar in right of their said Dignities Churches Corporations Offices or places respectively and what and how much of the same is in possession and the true yearely value thereof and what and how much thereâ—f is out in Lease and for what Estate and when and how determinable and what Rents Services and other Duties are reserved and payable during such Estate also the true yearely value of the same as they are now worth in Possession as also what Rents Pensions or other Charges or other summes of money are issuing due or payable out of any the Mannors Lands or Premisses and to make an exact particular survey thereof and to take and direct and settle such course for the safe custody and keeping of all Charters Evidences Court-Rolls and writings whatsoever belonging unto all or any the Persons Dignities Churches Corporatâ—ons Offices and Places or concerning any the Mannors Lands Tenements Hereditaments or other premisses before mentioned as in their discretion shall be thought meet and convenient and of all and singular their doings and proceedings herein fairely written and ingross'd in Parchment to make returne and Certificate into the Court of Chancery and to this further intent purpose that speedy care and course may be taken for providing of a competent maintenance for supply and encouragement of Preaching Ministers in the severall Parishes within the Kingdom of England Dominion of Wales Be it likewise ordayned and enacted that the same Commissioners and Persons authorized as abovesaid shall have full power and authority by the Oathes of good and lawfull men as by all other good wayes and lawfull meanes to enquire and find out the true yearly value of all Parsonages Vicaridges Presentative all other Spirituall and Ecclesiasticall Benefices and Livings unto which any Cure of Soules is annexed lying and being within such Counties and Cities and of all such particularly to enquire and certifie into the Court of Chancery what each of them are truely and really worth by the yeare and who are the present Incumbents or Possessors of them and what and how many Chappels belonging unto Parish Churches are within the limits of such Counties and Cities within which they are directed and authorized to enquire and how the severall Churches and Chappels are supplyed by Preaching Ministers that so course may be taken for providing both for Preaching and of maintenance where the same shall be found to be needfull necessary provided alwayes that this Act or any thing therein contayned shall not extend to any Colledge Church Corporation Foundation or house of Learning in either of the Vniversities within this Kingdom and the said Sr William Roberts Sr Thomas Atkins Sr Iohn Wollaston John Warner Iohn Towes Aldermen of the City of London Iohn Packer and Peter Malbourne Esquires and the Survivors and Survivor of them or the greater part of them his and their Heires and Assignes a re hereby directed and authorized to give and allow unto such Officers as by them shall be thought fitting and necessary for keeping of Courts Cellecting of Rents Surveying of Lands and all other necessary imployments in about the premisses and unto the Commâ—ssioners authorized by this Act and such others as shall be necessarily imployed by them all such reasonable Fees Stipends Salaries and Summes of Money as in their discretion shall be thought just and conventent And the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer and Peter Malborne Esquires the Survivors and Survivor of them his and their Heires and Assignes of their severall Receipts Imployments Actions and Proceedings shall give an accompt and be accomptable unto the Lords and Commons in Parliament or such Person or Persons as from time to time by both Houses of Parliament shall be nominated and appointed in such manner and with such Power Priviledge and Jurisdiction to heare and determine all matters concerning such accompts as by both Houses of Parliament shall from time to time be thought necessary to be given them and not elsewhere nor otherwise saving to all and every Person and Persons Bodies Politique and Corporate their Heires and Successors and the Heires Successors of them and every of them other then such Person or Persons Bodies Politique and Corporate whose Offices Functions and authorities are taken away and abolished by this Act as to any Estate Right Title or Interest which they or any of them claime to have or hold in right of their said Churches Dignities Functions Offices or places and other then the Kings Majesty his Heires and Successors as Patrons Founders or Donors and all and every other Person and Persons Bodies Politique and Corporate as may claime any thing as Patrons Founders or Donors all such Right Title Interest Possession Rents charge Rent Service Annuities Offices Pensions Portions Commons Fees â—rofits claimes and demands either in Law or Equity whatsoever And all and singular such Leases for Yeares Life or Lifes as were before the Twentieth day of Iaâ—uary in the yeare of our Lord one Thousand sixe Hundred Forty two made unto them or any of them by any the Persons or Corporations above named according to the Lawes and Statutes of this Realme and warranted by the same and all such Leases and Estates as having been heretofore made have been established or setled by any Judgement or Decree in any of the Courts at Westminster and have been accordingly enjoyed And all duties and profits whatsoever which they or any of them have or may claime or of right ought to have of in to or out of any the said Mannors Lands or Premisses whatsoever or any pars or parcell thereof in such sort manner forme and condition to all intents constructions and purposes as if this Act had never been made The Articles of the late Treaty of the date Edenburgh the 29. of Novemb. 1643. Die Mercurii 3. Ianuarii 1644. ARTICLES of the Treaty agreed upon betwixt the Commissioners of 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 Authorised by the Committee of the said Estates concerning the solemne League and Covenant and the Assistance demanded in pursuance of the ends expressed in the same VVHereas the two Houses of the Parliament of England IV. out of a just and deep sence of
the same were particularly enacted by the Authority of Parliament And that the Lord Major Aldermen and Commons in Common-Councell may adde to or repeale 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 Vpon consideration of which Propositions His Majesty sent the Duke of Richmond and the Earle of Southampton with this Message of the 13th of December HIs Majesty hath seriously considered your Propositions II. and findes it very difficult in respect they import so great an alteration in Government both in Church and State to returne a particular and positive answer before a full debâ—te wherein thosâ— Propositions and all the necessary Explanations and reasons for assenting dissenting or qualifying and all inconveniences and mischiefes which may ensue and cannot otherwise be so well foreseen may be discussed and weighed His Majesty therefore proposeth and desireth as the best expedient for Peace That you will appoynt such number of Persons as you shall think fit to Treat with the like number of Persons to be appoynted by His Majesty upon the said Propositions and such other things as shall be proposed by His Majesty for the preservation and defence of the Protestâ—nt Religion with due regard to the ease of tender Consciences as His Majesty hath often offered The Rights of the Crowne The Liberty and Property of the Subject and the Priviledges of Parliament And upon the whole matter to conclude a happy and blessed Peace Vnto which Message this Answer of the 27th of December was returned to His Majesty May it please your Most Excellent Majesty WEE Your Majesties humble and Loyall Subjects of both Kingdomes have considered of Your Maiesties Message III. of the 13. of December 1644. sent by the Duke of Richmond and the Earle of Southampton directed to the Lords and Commons assembled in the Parliament of England at Westminster and to the Commissioners of the Parliament of Scotland now at London And doe in all humblenesse returne this Answer That we doe consent there be a Treaty for a safe and well grounded Peace But find that it will require some time to resolve concerning the Instructions and manner of that Treaty And therefore that Your Majesty might not be held in suspence touching our readinesse to make use of any opportunity for attayning such a blessed and happy Peace in all Your Majesties Dominions We would not stay Your Majesties Messengers till we did resolve upon all thâ—se particulars which we will take into our serious consideration and present our humble desires to Your Majesty with all convenient speed Westminster the 20 â—h of Decemb. 1644. Gray of Wark Speaker of the House of Peeres pro tempore Signed in the name and by warrand of the Commissioners of the Parliament of Scotland LOWDON William Lenthall Speaker of the Commons House Assembled in Parliament And afterwards upon the 18th of January following Sir Peter Killigrew brought this farther Answer to His Majesty May it please Your Most Excellent Majesty WEE Your Majesties humble and Loyall Subjects the IV. Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland do make our further answer to Your Majesties Message of the 13th of December last 1644. Concerning a Treaty for Peace as followeth We do consent that there be a Treaty for a safe and well grounded Peace between your Majesty and your humble and Loyall Subjects assembled in the Parliaments of both Kingdomes And for the present have appoynted Algernon Earle of Northumberland Philip Earle of Pembrook Mountgomery William Earle of Salisbury Bâ—sill Earle of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepoint Sir Henry Vane Junior Oliver St Iohn Bulstrode Whitlock Iohn Crew Edmund Prideaux for the Lords and Commons assembled in the Parliament of England at Westminster And Iohn Earle of Lowdon Lord Chancellor of Scotland Archibald Marquisse of Argyle Iohn Lord Maitland Iohn Lord Balmerino Sir Archibald Iohnston Sir Charles Erskin George Dundas Sir Iohn Smith M r Hugh Kennedy and M r Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion who or any Ten of them there being alwayes some of the Parliaments of both Kingdomes are appointed and authorized to meet at Vâ—bridge on what day Your Majesty shall be pleased to set downe before the last day of this present Ianuary with such Persons as Your Majesty shall appoint under Your Signe Manuall for that purpose And the number of the persons to Treat not to exceed seventeen on either part unlesse the persons named for the Estates of the Parliament of Scotland now not here or any of them shall come and then Your Maiesty may have the like number if you please There to Treat upon the Matters conteined in the Propositions we lately sent unto Your Majesty according to such Instructions as shall be given unto them And the Propositions for Religion the Militia and for Ireland to be first Treated on and agreed and the time for the Treaty upon the said Propositions for Religion the Militia and for Ireland not to exceed Twenty dayes and for the things mentioned in Your Message to be propounded by Your Maiesty when the Persons sent by Your Maiesty shall communicate the same to the Committees appointed by us as aforesaid We have directed them to send the same to us That they may receive our Instructions what to doe therein And to the end that the Persons that are to be sent from Your Majesty and from us with their retinue not exceeding the number of one Hundred and Eight on either part may repaire to Vxbridge stay there and returne at their pleasure without interruption That mutuall safe Conducts be granted to the said Persons according to the severall Lists of their Names Signed by Order of the Lords and Commons Assembled in the Parliament of England as Westminster Signed in the name and by warrant of the Commissioners of the Kingdome of Scotland LOWDON Gray of Wark Speaker of the House of Peeres pro tempore William Lenthall Speaker of the Commons House in the Parliament of England Whereunto His Majesty returned an Answer inclosed in a Letter from Prince Rupert to the Earle of Essex dated the 21 of January which Letter and Answer were as followeth The Letter My Lord I Am commanded by His Majesty to returne this His answer V. Together with this inclosed in a Letter from Prince Rupert to the Earle of Essex His Majestie sent a safe Conduct for their Commissioners and their retinue to the Message lately sent Him from the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland by Sir Peter Killigrew I
have likewise sent your Lordship His Majesties safe Conduct for the persons desired and also a List of the names of those His Majesty hath appoynted to Treat for whom together with their Retinue His Majesty hath desired a safe Conduct The Answer inclosed HIs Majesty having received a Message by Sir Peter Killigrew from the Lords and Commons assembled in the VI. Parliament of England at Westminster and the Commissioners oâ— the Parliament of Scotland concerning a Treaty returns this answer That His Majesty doth very willingly consent that there be a Treaty upon the Matters contained in the Propositions lately sent unto him in such manner as is proposed and at the place appoynted in the said Message and to that purpose His Majesty will send the Duke of Richmond the Marquesse of Hertford the Earle of Southampton the Earle of Kingston the Earle of Chichester the Lord Capell the Lord Seymour the Lord Hatton the Lord Culpeper Secretary Nicholas M. Chancellour of the Exchequer the L. Cheife Baron Lane Sr Orlando Bridgman S â— Thomas Gardiner M. John Ashburnham M. Ieffery Palmer together with Dr Steward Clerk of His Majesties Closet upon the Propositions concerning Religion to meet with the persons mentioned in the said Message at Vxbridge on wednesday night the 29th of this instant Ianuary the Treaty to begin the next day Which persons or any ten of them shall be sufficiently authorised by His Majestie to Treat and conclude on His Majesties part And to the end that the persons aforesaid and their Retinue may repaire to Vxbridge stay there and returne at their pleasure without interruption or goe or send during their abode there to His Majestie as often as occasion shall require His Majesties desires that a safe Conduct may accordingly be sent for the said persons and their Retinue according to a List of their names herewith sent And then also inclosed in a Letter from Prince Rupert to the Earle of Essex His Majestie sent Propositions to be Treated upon on His Maiesties part which Letter and Propositions follow My Lord I am commanded by His Majestie to send these enclosed Propositions VII Prince Ruperts Letter to your Lordship to be presented to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland to the end that there may be as little losse of time as is possible but that the same may be treated on assoone as may be thought convenient after the entry upon the Treaty His MAjESTIES Propositions to the Lords and Commons Assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland for a safe and well grounded Peace 1. THat His Majesties owne Revenue Magazines VIII His Majesties Propositions Townes Forts and Ships which have been taken or kept from Him by force be forthwith restored unto Him 2. That whatsoever hath been done or published contrary to the knowne Lawes of the Land or derogatory to His Majesties Legall and knowne Power and Rights be renounced and recalled That no seed may remaine for the like to spring out of for the future 3. That whatsoever illegall Power hath been claimed or exercised by or over His Subjects as imprisoning or putting to death their Persons without Law stopping their Habeas Corpusses and imposing upon their Estates without Act of Parliament c. either by both or either House or any Committee of both or either or by any persons appointed by any of them be disclaimed and all such persons so committed forthwith discharged 4. That as His Majesty hath alwayes professed His readinesse to that purpose so He will most cheerfully consent to any good Acts to be made for the suppression of Popery and for the firmer setling of the Protestant Religion established by Law As also that a good Bill may be framed for the better preserving of the Book of Common-Prayer from scorne and violence And that another Bill may be framed for the ease of tender Consciences in such particulars as shall be agreed upon For all which His Majesty conceives the best expedient to be that a Nationall Synod be legally called with all convenient speed 5. That all such persons as upon the Treaty shall be excepted and agreed upon on either side out of the Generall Pardon shall be tryed Per Pares according to the usuall course and knowne Law of the Land and that it be left to that either to acquit or condemne them 6. And to the intent this Treaty may not suffer interruption by any intervening Accidents That a Cessation of Armes and free Trade for all His Majesties Subjects may be agreed upon with all possible speed Given at the Court at Oxford the 21th day of Jan. 1644. The Earle of Essex upon receipt hereof returned to Prince Rupert together with a safe Conduct this Letter of the 25. of Ianuary Sir I Am commanded by both Houses of the Parliament of England and desired by the Commissioners of the Kingdome of IX Scotland to desire your Highnesse to let His Majesty know That they doe agree that their Committees doe begin the Treaty aâ— Vxbridge on Thursday the 30th of this January with the Persons appointed by His Majesty on the matters contained in the Propositions lately sent unto His Majesty in such manner as was proposed And their Committees shall have Instructions concerning the Propositions sent from His Majesty in your Highnesse Letter And you will herewith receive a safe Conduct from the Lords and Commons assembled in the Parliament of England for the Persons that are appointed by His Majesty to come to Vxbridge to Treat on the Propositions for a safe and well grounded Peace with their Retinue in a List hereunto annexed Sir I am Westminster 25th Jan. 1644. Your Highnesse humble Servant ESSEX Thursday the 30th of Ianuary all the Commissioners named by His Maiestie and Commissioners named by the two Houses of Parliament in England and the Estates of the Parliament in Scotland did meet at Vxbridge where their Commissions were mutually delivered in and read and are as followeth His MAjESTIES Commission CHARLES R. WHEREAS after severall Messages sent by us to the X. Lords and Commons of Parliament assembled at Westminster expressing Our desires of Peace certaine Propositions were sent from them and brought unto Vs at Oxford in November last by the Earle of Denbigh and others and upon Our Answers Messages and Propositions to them and their returns to Vs it is now agreed That there shall be a Treaty for a safe and well grounded Peace to begin at Vxbridge on Thursday the 30th of this instant Ianuary as by by the said Propositions Answers Messages and Returnes in writing may more fully appeare We do therefore hereby appoynt assigne and constitute James Duke of Richmond and Lenox William Marquisie of Hâ—rtford Thomas Earle of Southampton Henry Earle of Kingston Francis Earle of Chichester Francis Lord Seymour Arthur Lord Capell Christopher Lord Hatton John
effectuating of ye foirsaides endis the concluding of the Propositions with the Estaites th aire results thairupon And all suche uyr matteris conceruing the good of bothe Kingdomes as ar or all 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 their quuorums And for this effect The Estaites Ordeanes Iohne Erle of Lowdonne Chancellor Iohne Lord Balmerino Sir Archibald Iohnstounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Hew Kennedy repaire with all dilligence to the Kingdome of England to the effect before rehearsit conforme to this Commissione and instructiones As also the Estaites Ordeanes ye saides ArchibaldMarqueis of Argyle M. George Dundas of Maner and Sir Iohne Smyth Proveist of Edenburgh to repaire to ye Kingdome of England with all sick conventencie as the occasione of ye businesse shall require or as they sall be commandit ather be the Committie from the Parliament heir they being in Scotland or be the Committie with the Army they being in England And Ordeanes thame to joyne with the remanent Commissionaris to the affect above mentionat conforme to the Commissionâ— and instructiones givin or to be givin to the Commissionais or thair quuorums thair anent be the Estaites of this Kingdome or Committies yrof And the Estaites of Parliament be thir presents haldis and sall halde firme and stable all and what summ evir thinges the Commissionaris abovenameit or any thrie or mae of thame sall doe conforme to this Commisionne and to the instructionnes given or to be given to thame Extractit furthe of the butkes of Parliament be me Sir Alexander Gibsone of Dunâ—ie Knyt Clerk of His Majesties Registers and Rollis under my signâ— and subscriptionne Mannuall Alexander Gibsonne Cler. Regist After the Commissions read their Commissioners delivered to His Majesties Commissioners this paper Ianuary the 30. WEE are directed by Our Instructions to Treat with XIII your Lordships upon the Propositions concerning Religion the Militia and Ireland three daies a peice alternis vicibus during the space of twenty dayes from the 30 of Ianuary beginning first with the Propositions of Religion and accordingly we shall deliver unto your Lordships a Paper to morrow morning upon those Propositions Accordingly the Treaty did proceed upon those subjectâ— three daies a piece Alternis vicibus beginning with that of Religion upon Friday the last of Ianuary and so continuing Saturday the first and Monday the third of February which was after resumed Tuesday the 11 Wednesday the 12 and Thursday the 13 of February and again the two last daies of the 20. And the like course was held touching the Militia and Ireland But because the passages concerning each subject severally will be more clearly understood being collected and disposed together under their severall heads therefore all those which concerne Religion the Militia and Ireland are put together And in like manner the passages preparatory to the Treaty concerning the Commissions the manner of the Treaty and a seditious Sermon made the first day appoynted for the Treaty And such as hapned in the Treaty touching His Majesties Propositions The demands of farther time to Treat and other emergent passages which have no Relation to those of Religion the Militia and Ireland are in like manner digested under their severall heads with their particular dates And first those which concerne the Commissions Friday the last of Ianuary His Majesties Commissioners delivered unto Their Commissioners this paper Vlt. Ianuary WEE having perused the power granted to your Lordships XIV in the Paper delivered by the Earle of Northumberland and finding the same to relate to instructions we desire to see those instructions that thereby we may know what power is granted to you and we ask this the rather because by All their Commissioners were not then come to Vxbridge the Powers we have seen we doe not find that your Lordships in the absence of any one of your number have power to Treat Their Answer 31. Ianuary BY Our Instructions we or any tenne of us whereof some of either XV. House of the Parliament of England and some of the Commissioners of the Kingdome of Scotland to be present have power to Treat with your Lordships Their farther Answer Vlt. Ianuary VVHereas your Lordships have expressed unto us a desire XVI of seeing our Instructions to know what Power is granted us and this the rather because you say you find not by what you have seen that in the absence of any one of our number we have power to Treat To this we returne in Answer that since the Paper already delivered in by us declaring that by our Instructions any tenne of us whereof some of either House of the Parliament of England and some of the Commissioners of the Kingdom of Scotland to be present had power to Treat with your Lordships hath not given you satisfaction in the particular of the Quorum We shall send unto the two Houses of Parliament to have the Quorum inserted in the Commission and doe expect the returne of it so amended within two or three daies when we shall present it unto your Lordships But as for your desire in generall to see our Instructions it is that for which we have no Warrant nor is it as we conceive at all necessary or proper for us so to doe for that the Propositions upon which we now Treat have been already presented from the Parliaments of both Kingdoms unto His Majesty and whatsoever is propounded by us in order unto them is sufficiently warranted by what both Parliaments have done in the passing and sending of those Propositions and by the Commissions authorising us to Treat upon them already shewn unto your Lordships so as there can be no need to shew any other power Accordingly on Saturday the first of February they did deliver their Commission for the English Commissioners renewed as followeth Die Sabbatis primo Febr. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earle of Northumberland Philip XVII Earle of Pembrook and Montgomery William Earle of Salisbury Bazil Earle of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepont Sir Henry Vane junior Oliver St Iohn Bulstrode Whitlock Iohn Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyne with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only or any tenne of them Whereof some of either House of the Parliament of England and some of the Commissioners of the Parliament of Scotland are to be present To treat with the Lord Duke of Richmond the Marquisse of Hertford the Earle of Southampton the Earle of Kingston the Lord Dunsmore Lord Capell Lord Seymour Sir Christopher Hatton Sir Iohn Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane
propounded unto your Lordships But we doe 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 least otherwise the Treaty be retarded and the Expectation of both Kingdomes altogether frustrated Notwithstanding this they delivered in this further Answer 11. February IN answer to your Lordships Paper this day delivered to us LII See no. 59. we desire that His Majesty doe give His Royall 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 Chappell 's in and about the Worship of God c. And for the better advancement of the Preaching of Gods Holy Word in all parts of this Kingdome And to the Bill against enjoying of Pluraliâ—ies of Benefices by Spirituall persons and non-Residency And we shall in due time give into your Lordships our Demands concerning Papists conteined in the sixth seventh eight ninth and tenth Propositions And for His Majesties Assenting to an Act to be framed and agreed upon in both Houses of Parliament for the regulating and reforming of both Vniversities of the Colledges of Westminster Winchester and Eton and for the Education and Marriage of His Majesties Children and the Children of His Heires and Successors in the true Protestant Religion as is in the 21th Proposition Some part of the 11th and the most part of the 12th of February was spent in Argument by Divines touching Episcopacy and the Presbyteriall Government Afterwards their Commissioners gave in this Paper 12. February THere having now been severall dayes spent in debate upon LIII the Propositions for Religion and all objections alleadged 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 presse and expect as we now doe a cleare and positive Answer to those Demands concerning Religion which we have offered unto your Lordships from the Parliaments of both Kingdomes as most necessary for the setling of a safe and welâ— groundâ—d Peace in all His Majesties Dominions The King's Commissioners Answer 12. February VVE deny that the objections alleadged by us against the LIV. passing the Bill for abolishing Episcopacy from Conscience Law or Reason have been fully Answered by your Lordships Or that indeed we have received any satiâ—faction from your Lordships in these particulars We have received no Information from your Lordships to satisfy us That Episcopacy is or hath been an impediment to a perfect Reformation to the * These words are in the preamble of the Bill presented by them for abolishing Episcopacy growth of Religion or that it is prejudiciall to the Civill State which we have often desired from your Lordships without effect and which are the Grounds upon which your Lordships propose the abolishing Episcopacy and we shall be very willing and are desirous to receive your Lordships reasons in these particulars And how short soever the time alotted is for the Treaty for which we cannot be answerable being not bound up in point of time by His Majesty as your Lordships say you are by your Instructions And we should be glad that the same might be enlarged proportionably to the importance of the things to be Treated on we should be wanting to the great Trust reposed in us if we should consent to those Demands as they are proposed to us by your Lordships otherwise then as they are agreeable to our Consciences and understandings And such an Answer your Lordships shall receive from us to your Demands concerning Religion upon which we hope a safe and well grounded Peace by the blessing of God may be established Their Paper 13. Feb. WE did assure our selves That after so many dayes debate LV. concerning Religion and our removall of what ever objections have been offered by your Lordships and our making it appeare how great a hinderance Episcopall Government is and hath been to a perfect Reformation to the growth of Religion and prejudiciall to the Civill State That your Lordships would have been ready to have answered our expectation with the Grant of our Demands but if still your Lordships remaine unsatisfied we conceive it cannot with any Justice be imputed unto us and therefore we againe desire your Lordships full and cleare Answer to what we have delivered unto you concerning Religion Vpon this last Paper and after the severall debates between the Commissioners and Arguments by the Divines and considâ—â—ation had of all that had been delivered concerning Religion His Majesties Commissioners gave in these foure Papers following 13. Feb. WE are not yet satisfied that the Bill insisted on by your LVI Lordships which remaines in His Majesties hands for the utter abolishing of Arch-Bishops Bishops Deanes and Chapters c. ought to be enacted believing it not to be agreeable to Conscience and Iustice to alienate the Lands therein mentioned to Lay-uses and not understanding that the alienation thereof is necessary at all to the Reformation of Religion Besides that there is no certaine provision made for any of those who are now legally vested in those possessions whereby they and their Families shall be in evident danger of want of bread and it appearing by your Lordships Propositions which relate See before in the margin to the Paper no. 44. to the Articles of the late Treaty of the date at Edinburgh 29. of Novemb. 1643 and the joynt Declaration of both Kingdoms to which you require our Assent as well as to the Bill that part of the Church-land may be after the passing this Bill assign'd to other uses then is exprest in the said Bill Vpon these considerations and upon your debate which hath passed between us upon this Bill whereby it hath appeared that there would be so great an Alteration in the Civill State by this Bill being enacted in the failer of Iustice at the Common-Law and otherwise in many severall particulars of great importance to the Subjects of this Kingdom which for ought appeares to us is not yet provided for And that by a particular * See that Clause in the Bill in the Appendix no. 3. at this marke †Clause in the Bill His Majestie ancient and undoubted power of the Ecclesiasticall Iurisdiction is wholy taken away Besides it may be very considerable what inconveniences would ensue by the passing this Bill now which looks back and is to begin from November was twelve month whereby all those Acts of Iurisdiction exercised by Bishops since that time are already voyde which would produce great inconveniences and mischiefes touching the probates of Wills and Administrations throughout the Kingdome not to speak
to doe 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 heare and determine all differences that may occasion the same according to the Treaty and to doe 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 publique Peace 3. To raise and joyne the Forces of both Kingdoms to resist all Forraigne Invasion and to suppresse any Forces raised within any of the Kingdoms to the disturbance of the publique Pence of the Kingdoms by any authority under the Great Seale 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 Kingdome whereof they are Subjects And that in those cases of joynt Concernâ—ment 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 Kingdomes We desire that the Militia of the City of London may be in the Ordering and government of the Lord Major Aldermen and Commons in Common-Councell assembled or such as they shall from time to time appoynt 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 the command of the Lord Major Aldermen and Commons in Common-Councell of the said City to be ordered in such manner as shall be agreed on and appoynted by both Houses of Parliament We desire that the Tower of London may be in the Government of the City of London and the chiefe Officer and Governour thereof from time to time be nominated and removeable by the Common-Councell 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 severall Papers The King's Commissioners Paper 4. February WE conceive the Propositions delivered by your Lordships LXXIV concerning the Militia import very great alterations in the maine foundation of the Frame of Government of this Kingdome taking by expresse words or by necessary consequence the whole military and Civill power out of the Crown without any limitation in time or reparation proposed Therefore we desire to know for what terme you intend the Militia shall be setled 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 setled and to prevent all disturbances of the publique 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. Feb. OVr Paper given in to your Lordships concerning the Militia LXXV doth not containe the alterations mentioned in your Lordships Answer but desires that which by the wisdome of the Parliaments of both Kingdomes is judged necessary at this time for the security of His Majesties Kingdomes and preservation of the Peace now to be setled and untill your Lordships shall declare an assent unto the matter therein expressed we conceive it will not be seasonable to give any answer concerning the time And we are ready to conferre with your Lordships upon what shall be offered by you to our Paper concerning the Miâ—itia formerly delivered The King's Commissioners Reply 4. February WE are of opinion that the Propositions in your Lordships LXXVI Paper containe the Alterations mentioned in the paper we lately delivered to your Lordships and take by expresse words or necessary consequence the whole Military and Civill Power out of the Crowne which alterations we are ready to make appeare 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 lesse reasonable The King's Commissioners second Paper 4. February VVE desire to know who the Commissioners shall be in LXXVII 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 knowne affection to Religion and Peace Their Answer 4. February THe Commissioners in whose hands the Forces by Sea and LXXVIII 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. February WEE desire a full answer to our Paper concerning the Persons LXXIX 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 roomes against whom there can be no just exception The King 's Commissioners 3d Paper 4. February VVE desire to know whether your Lordships intend that LXXX 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. Febr. IT appeares by the Propositions concerning the Milisia of the LXXXI City of London that the same is to be ordered in such manner as shall be agreed on and appoynted by both Houses of Parliament The King's Commissioners Reply 4. February VVE desire an answer to our Paper concerning the Militia LXXXII 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 appoynted by both Houses of Parliament which yet doth not appeare by the Propositions being no answer to the question The King's Commissioners Paper 5. February HAving with great diligence perused your Lordships Paper LXXXIII 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 fatisfaction concerning the matter of the Militia of this Kingdome The King's Commissioners Paper in Answer to the Propositions concerning
of Ireland and other officers and Iudges there mentioned in the 20th Proposition being no matters of joynt concernments is to be limited to the Commissioners for the Parliament of England wherein the Commissioners of Scotland are to Vote as single persons The King's Commissioners fourth Paper 19. February THe Articles of the Treaty of the sixth of August giving CLVIII power to the Lievtenant of Ireland when the Scottish Army shall be joyned with His Army to give Instructions to the Scottish commander in chiefe and the Orders of the two Houses of the 9th of March 1644. and the 11th of Aprill See all these in the Appendix 1644. appoynting the Generall of the Scottish Forces in Ireland to command in chiefe over all the Forces as well Brittish as Scots and both being desired to be enacted We desire to know whether the Lievtenant of Ireland shall command the Scots Forces or whether the Scottish Generall shall command all Forces both Brittish and Scots Their Answer 19. Feb. IN Answer to your Lordships 4th Paper we say that the Ordinances CLIX. of the 9th of March and 11th of Aprill 1644. were made when there was no Lievtenant of Ireland and when a Lievtenant shall be made with the approbation of both Houses according to our former Demands in the â—7th and 20th Propositions it will be a fitting time to give further Answer to your Lordships The King's Commissioners Reply 20. Feb. VVE desire a full answer from your Lordships to our CLX fourth paper delivered to your Lordships yesterday concerning the Power of the Lord Lievtenant of Ireland and the Generall of Scots Forces your Lordship having proposed to us that the Articles of the Treaty and the Ordinance of the 11. of April be enacted by His Maiestie by one of which the Generall of the Scotch Forces is to receive instructions for the manageing the War there from the Lievtenant of Ireland and by the other which is the later the Generall of the Scots Forces is to command in cheif both the Brittish and Scots Forces by which it seemes 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 CLXI the War in Ireland is to be setled in both Houses of Parliament and is to be managed by the ioynt 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 Scottish Army ioyn The Commander of the Scottish Army shall receive Instructions from the Lord Lievtenant or Deputy or other who shall have the cheif Government of that 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 17th Proposition gives power to the CLXII Commissioners for the Militia of both Kingdoms as a ioynt Committee to order the War of Ireland according to the Ordinance of the 11th April and to order the Militia and conserve the Peace of the Kingdom of Ireland and by that of the 11th of April the Earle of Leven being appointed Commander in cheif over all the Forces as well Brittish 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 17th Proposition CLXIII are to order the War of Ireland according to the Ordinance of the 11th of April and the Earle of Leven being by that Ordinance Commander in cheif 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 Armes or Peace in Ireland CLXIV 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 Armes CLXV in Ireland be consented unto by His Majestie and for what time and whether any Commission be now on foote or other authority given by His Majestie for that purpose The King's Commissioners Answer to both 20. February CLXVI TO your Lordships * Which were the two next precedent Papers sixt and seventh Papers delivered to us yesterday concerning any Peace or Cessation of Armes in Ireland your Lordships well know that long after the Warre begun in this Kingdom and the want of a supply from hence that a Cessation hath bin 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 Civill Warrs shall continue in thâ— Kingdom we cannot conceive it possible for His Majestie 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 no answer to us whether CLXVII any Commission be now on foot or other authority given by His Majestie for any Peace or Cessation of Armes in Ireland other then that which determines in March next nor to our desire that no Cessation of Armes 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 bin so clearly manifested to your Lordships by the true meaning of the Act passed by His Majestie this Parliament that His Majestie 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 setling the Peace of this Kingdom we therefore again desire your Lordships full and clear answer to the particulars expressed in our sixt and seventh papers yesterday delivered to your Lordships The King's Commissioners Answer 20. Febr. WE do not hold our selves any wayes obliged to answer CLXVIII your Lordships demand whether any Commission be on foot or other authority from His Majesty for a Peace or Cessation of Armes 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 then that which determines in March next But what Commission the Marquesse of Ormond as
and the Scots suffering under as great wants and failer of Supplies as the Protestants in other places and in no better posture of their owne defence Notwithstanding in a true sense of their owne duty and Conscience they have opposed and still doe oppose the same neither were the English there neglected as your Lordships have been misinformed by such who labour to destroy both Nations and as a meanes thereto to divide them Besides the goods seized neare Coventry we have mentioned other particulars asserted to be seized not without His Majesties owne knowledge and direction as we are informed and are most unwilling to beleeve Neither doe we understand it to be an excuse for feizing some goods to say that His Majesty did forbeare to seize others in his Power but when His Maiesty shall rightly ponder the horridnesse of that Rebellion we hope those wicked Instruments who contrived and doe support the same will have no power to alter His Maiesties tender sense of the miseries of His Protestant Subiects in that Kingdome nor at all to lessen His Piety and gracious Care for quenching the flames of that unhappy Rebellion We doe againe affirme unto your Lordships the truth of what we said before concerning the Supplies of Ireland by the two Houses and it seemes strange that what hath been lately sent should not be looked upon as a support of the Warre against the Rebels by which onely the Protestants were inabled to defend themselves and to infest their Enemies Nor can we imagine any other means as a support of that just Warre being most assured that if this had not been done the Rebels must certainly have prevailed and the remnant of His Majesties good Subjects of that Kingdomr have perished Your Lordships are pleased to remember some monyes by us imployed particularly one hundred Thousand Pounds which was raised for Ireland all which have been resatisfied with advantage And we must as often as you are pleased to repeat it refer your Lordships to our former just and clear Answers concerning the same and the like for the Forces under the Command of the Lord Wharton And we beleeve what your Lordships expresse concerning the Forces brought hither to His Majesty out of Ireland after the Cessation it being one end for which the Cessation was made that those Forces might be imployed against the two Houses of Parliament here And those Scottish Forces which came over were not sent for We know of no Persons who have returned into Ireland since the Cessation except such as were Agents for the procuring thereof and divers principall Rebels who presumed to addresse themselves unto His Majesty at Oxford and were there countenanced It is probable that some might endeavour to alienatâ— the hearts of the Officers of the Army there from the two Houses whereby their service against the Rebels might be interrupted To that particular of the Subscriptions of the Officers and of the Committee sent into Ireland and of the diversions of Monyes alleadged and of the Copies of Letters given us by your Lordships without the names of those who subscribed them We have already given your Lordships a full and clear answer but have not received satisfaction concerning the denyall of the Lord Whartons Commission whereby the service of that Kingdome was much prejudiced It is so farre from being made appeare that His Majesties English Protestant Subiects in Ireland could not subsist without a Cessation that the untrary is undeniable and that His Majesties Protestant Subiects there both English and Scottish who have opposed that Cessation have subsisted and doe still subsist And we are sory to find any inclination to continue that Cessation which whensoever made will be esteemed by all good Protestants a countenancing of that bloudy Rebellion We doe insist upon our former Demands concerning Ireland and doubt not but those being granted notwithstanding our present miserable Distractions here we shall by the blessing of God bring those bloudy Rebels to a speedy and just punishment and settle that unhappy Kingdome in their due Obedience to His Majesty and the Crowne of England Their other Paper 22. Feb. IT is not possible for us to give a more cleare Answer then we CLXXVIII have done to shew that there can no such inconvenience follow upon confirming the Ordinance of the 11th of April by Act of Parliament as your Lordships doe imagine It being desired that the Treaty of the sixt of August be in like manner confirmed By which the Commanders of the Scottish Forces in Ireland are to be answerable to His Majesty and the two Houses of Parliament of England for their whole deportment and proceeding there and it being desired by the 13th Proposition that the prosecutions of the War of Ireland should be setled in both Houses of Parliament all which taken together it cannot follow that upon any disagreement between the Committees there the Earle of Leven may carry on the War according to his own discretion as for our expression when there shall be a Lievtenant in Ireland which was used in answer to your Lordships second paper of the 20 of February it was was to satisfie your Lordships that there could be no interfering between the powers of the Lord Lievtenant and of the Earle of Leven and still we say when there shall be a Lord Lievtenant chosen as is expressed in our 20th Proposition for we do not admit the Marquesse of Ormond to be so the Commander in cheife of the Scottish Army is to receive Instructions from him in such manner as we have laid it down in that answer of ours to your Lordships paper above mentioned which will we hope satisfie your Lordships other obiection that this is not to deliver over the whole Kingdom of Ireland into the hands of His Maiesties Subiects of the Kingdom of Scotland seeing such of that Nation as are there imployed are to be subordinate 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 prosecuteing the War is to be setled And we must insist to desire that the Lord Leivtenant and the Iudges in that Kingdome 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 bloud the losse of many thousand lives there and almost of that whole Kingdom from His Maiesties obedience and an inestimable preiudice to the true Protestant Religion found the ill consequence of a bad choyce of persons for those great places of trust Therefore for His Maiesties honour the good of His service the great advantage it will be to the rest of His Maiesties 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 evill they desire to have the nomination of those great Officers that by a prudent and
That their Commissioners should have Instructions to Treat upon them Instructions concerning His Majesties Propositions for setling a safe and well grounded Peace And if you have any touching the same we desire to have a sight of them Their Answer I. Feb. WE have not yet received Instructions concerning His CLXXXI Maiesties 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 comming 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 sixt Proposition for a Cessation of Armes 3. February WE desire to know whether your Lordships have received CLXXXII 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 doe and conceive it very necessary that during the time we are endeavourinâ— to establish a blessed and happy Peace the issues of blood may be stopped in this miserable Kingdom and His Maiesties oppressed and Languishing Subjects have some earnest and prospect of the Peace we are endeavouring by Gods blessing to procure for them To this no particular Answer was given The King's Commissioners Paper 10. February HAving now spent three daies severally upon each of CLXXXIII 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. Feb. VVE have received Instructions concerning His Maiesties CLXXXIV Propositions And when the Houses of Parliament shall be satisfied in the good Progresse 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 Maiesty But there was not any time given to Treat upon His Majesties Propositions Touching further time for continuing or reviveing the Treaty and His Majesties Returne to Westminster after Disbanding those Papers were delivered The King's Commissioners Paper 14. Febr. VVE have this day received directions from His Majesty CLXXXV to move your Lordships that you will endeavour to procure an addition of time for this Treaty after the expiration of the daies 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 CLXXXVI particular accompt of your proceedings in the Treaty and observing thereby how impossible it is within the daies 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 clearely see what fruit such Answers will produce in order to a blessed Peace for the present and the future good and happinesse 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 daies 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 Vxbridge Their Answer 14. Feb. COncerning the paper delivered by your Lordships for addition CLXXXVII of time for the Treaty We can give no other answer then that we will send Copies of His Maiesties Letter and of the paper unto the Houses of Parliament and after signification of their pleasure we will give further answer Afterwards on the 18th of Feb. they delivered this paper 18. February YOur Lordships may please to take notice that in the 20 dayes CLXXXVIII appointed to Treat upon the Propositions concerning Religion Militia and Ireland the first Thursday and three Sundayes are not to be included The King's Commissioners paper 20. February BY our paper delivered to your Lordships the 14th of this CLXXXIX moneth we moved your Lordships to endeavour an addition of time for this Treaty after the expiration of the dayes 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 dayes limited for the same upon the reasons mentioned in His Maiesties said letter and what time may be added Their Answer 20. Feb. YOur Lordships paper of the 14th of this moneth for an addition CXC of time for this Treaty together with His Maiesties Letter concerning the same were sent by us to the Houses of Parliament who * See their Paper before 11. February no. 185. as we have already acquainted your Lordships have declared That if they shall be satisfied in the good progresse of the Treaty upon the Propositions concerning Religion the Militia and Ireland 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 dayes with your Lordships in the CXCI. Treaty upon Religion the Militia and Ireland 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 Majestie and the two Houses of Parliament and your Lordships having proposed many important things in the said severall particulars to be framed setled disposed by the two Houses before a full Agreement can be established we propose to your Lordships whether the two dayes remaining may not be best spent towards the satisfying your Lordships in those 3 Propositions and the procuring a speedy blessed Peace upon finding out some expedient for His Majesties repaire to Westminster that so all differences may be composed and this poor Kingdom be restored to it's Ancient happines and security and to that purpose if your Lordships shall think fit we are willing to Treat with your Lordships concerning the best meanes whereby all
your Lordships ascribe so much to your own Concessions we shall only say That for Religion you have granted very little or nothing but what we are already in possession oâ— by the Lawes of this Kingdome For the businesse of the Militia your Lordships have not thought fit to consent to any one of ouâ— demands but in that as in Religion have made some new Propositions of your own which are not in any degree sufficient for setling and securing the Peace of the Kingdoms As for the Propositions for Ireland your Lordships have bin so far from affording a consent thereto that you have iustified the distructive Cessation there and strongly implyed an intention to renew the same and have not yeelded to any part of our Propositions concerning that Kingdomâ— we shall represent your Lordships papers to the Parliaments of both Kingdoms who upon due consideration thereof will do what is farther necessary for the good and Peace of His Maiesties Dominions Besides these severall desires aboue mentioned from time to time for addition and enlargment of time for continuing and prolonging the Treaty or if discontinued that it might be revived and after a representation to the Houses their answer might be sent to His Maiesty In another paper before No. 135. upon the head of the Militia His Maiesties Commissioners did propose That if the Treaty might not then continue it might be Adiourned for such time as they should think fit and not totally dissolve but be again resumed which paper is not here inserted to avoyd repetition being before upon the head of Militia and to which as to that point of Adiournment no answer was given No papers were given in to their Commissioners in answer to the last mentioned paper dated the 22 of Feb. No. 197 which came in about two of the clock in the morning after Nor to that of the same date No. 135. concerning the Militia which came in with it Nor to their two last concerning Ireland of the 22 of Feb. N o 177 and 178 which came in about 12 of the clock that night all which were of such length delivered upon the close of the Treaty and those which came in about two of the clock upon the departure of the Commissioners that it was impossible to give present answers nor could any be given after as part of the Treaty without consent which was required by His Maiesties Commissioners but not granted neither is any thing here inserted in answer to those papers because by the agreements between the Commissioners in the beginning of the Treaty nothing was to be taken as part of the Treaty but what should be put in writing And this Relation is intended only for a Narrative of the Treaty conformable to the agreements without any observations upon it or additions unto it other then necessary Introductions and Transitions for coherence and more cleare understanding the Passages of the Treaty FINIS THE APPENDIX HIS MAIESTIES MESSAGE FROM EVESHAM of the 4th of Iuly 1644. To the LORDS and COMMONS of Parliament Assembled at Westminster CHARLES R. WEE being deeply sensible of the miseries I. and calamities of this Our Kingdom and of the grievous sufferings of Our poor Subjects do most earnestly desire that some expedient may be found ouâ— which by the blessing of God may prevent the further effusion of blood and restore the Nation to Peace from the earnest and constant endeavouring of which as no discouragement given Vs on the contrary part shall make Vs cease so no successe on Ours shall ever divert Vs. For the effecting whereof We are most ready and willing to condescend to all that shall be for the good of Vs and Our People whether by way of confirmation of what we have already granted or of such further coâ—cession as shall be requisite to the giving a full Assurance of the Performance of all Our most reall Professions concerning the maintenance of the true Reformed Protestant Religion established in this Kingdom with due regard to the ease of tender coâ—sciences the just Priviledges of Parliament and the Liberty and Property of the Subject according to the Lawes of the Land As also by granting a generall Pardon without or with exceptions as shall be thought fit In order to which blessed Peace We do desire and propound to the Lords aâ—d Commons of Parliament assembled at Westminster That they appoynt such and so many Persons as they shall think fit sufficiently authorizâ—d by them to attend Vs at Our Army upon safe conduct to come and returne which we doe hereby grant and conclude with Vs how the Premisses and all other things in question betwixt Vs and them may be fully setled whereby all unhappy mistakings betwixâ— Vs and Our People being removed there may be a present Cessation of Armes and as soon as may be a totall Disbanding of all Armies the Subject have his due and We be restored to Our Rights Wherein if this Our offer shall be accepted there shall be nothing wanting on Our part which may make our people secure and happy Given at Our Court at Evesham the 4. of Iuly 1644. His Majesties Message from Tavestock of the 8. of September 1644. To the Lords and Commons of Parliament Assembled at Westminster CHARLES R. IT having pleased God in so eminent a II. manner lately to blesse Our Armies in these parts with successe We do not so much joy in that blessing for any other consideration as for the hopes We have that it may be a meanes to maâ—e others lay to heart as We do the miseries brought and continued upon Our Kingdom by this unnaturall War and that it may open your eares and dispose your mindes to embrace those offers of Peace and Reconciliation which have been so often and so earnestly made unto you by Vs and from the constant and fervent endeavours of which We are resolved never to desist In Pursuance whereof We do upon this occasion conjure you to take into consideration Our too long neglected Message of the fourth of Iuly from Evesham which We again renue unto you And that you will speedily send Vs such an Answer thereunto as may shew unto Our poor Subjects some light of a deliverance from their present calamities by a happy Accommodation toward which We do here engage the word of a King to make good all those things which We have therein promised and really to endeavour a happy conclusion of this Treaty And so God direct you in the wayes of Peace Given at Our Court at Tavestock the 8. of September 1644. THE BILL FOR ABOLISHING EPISCOPACY WHEREAS the Government of the III. Church of England by Arch-Bishops Bishops their Chancellours and Commissaries Deanes Deanes and Chapters Arch-Deacons and other Ecclesiasticall Officers depending upon the Hierarchy hath by long experience been found to be a great impediment to the perfect Reformation growth of Religion and very prejudiciall to the Civill State Government of the Kingdom Be it therefore
and pay unto all and every Arch-Bishop Bishop Deane Sub-deane Arch-Deacon Chanter Chancellour Treasurer Sub-Treasurer Succentor Sacrist â—rebendary Cannon Cannon Residentiary Pettie Cannon Vicars Chorall Choristers old Vicars and new Vicars and other Officers and persons belonging unto or now imployed in or about the said Cathedrall or collegiate Churches such yearely Stipends and Pensions for so long time and in such manner as by the Lords and Commons in Parliament Assembled shall be ordered dirâ—cted and appointed And shall dispose of all and singular the aforesaid Mannors Lands Tithes Appropriations Advowsons Tenements Hereditaments and other the Premisses and of every part and parcell thereof and of the Revenues Rents Issues and profits thereof to the uses intents and purposes above and hereafter expressed that is to say for a competent maintenance for the suâ—port of such a number of preaching Ministers for the service of every Caâ—heâ—rall and collegiate Church and His Majesties free Chappell of Windsor as by the Lords and Commons shall be ordered and appointed And likâ—wise for the maintenance of preaching Ministers throughout the Kingdom of Eâ—gland Dommion of Wales and Town of Barwâ—â—k in such places where such maintenance is wanting and for a proportionable allowance for and towards the reparation of the said Cathedrall and collegiate Churches in such manner and forme and to such persons and for such other good uses to the advancement of true Religion and the maintenance of Piety and Learning as by this or any other Act or Acts of Parliament now or hereafter to be made shall be set down or declared And be it further enacted by the Authority aforesaid that all Leases Guifts Grants Conveyances Assurances and Estates whatsoever hereafter to be made by the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peeter Malbourne Esqu the Survivors and Survivor of them or the greater part of them his and their Heires and Assignes of any the Mannors Lands Tenements or Hereditaments within or by this Act shall come or be limited or disposed of unto the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peeter Malbourne Esquire other then for the Terme of one and Twenty yeares or three Lives or some other Terme of yeares 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 yearely Rent or more shall be reserved and payable yearely during the said Terme whereof any former Lease is in being and not to be Expired surrendred or ended within three yeares after the making of such Lease shall be utterly voyd and of none effect to all Intents Constructions and purposes any thing in this Act to the contrary in any wise notwithstanding Provided neverthelesse where no Lease hath been heretofore made nor any such Rent hath been reserved or payable of any the Lands Tenements or Hereditaments in this Act limited or disposed of unto the said Sir Williâ—m Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohâ— Packer Esqu Peter Malbourne Esqu that in such case it shall be lawfull for the said Sir William Roberts Knigâ—t Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peter Malbâ—urne Esqu the Survivors and Survivor of them or the greater part of them his and their Heires to make any Lease or state for the Terme of one and Twenty yeares or three Lives or some other Terme of yeares determinable upon one two or three Lives and not above taking such Fine as they in their Judgements shall conceive indifferent and reserving a reasonable Rent not being under the third part of the clear yearely value of the Lands Tenements or Hereditaments contained in such Lease And it is further Declared to be the true intent and meaning of this Act That all and every the Lessees Farmors and Tenants of all and every the said Persons and Corporations whosâ— Offices or places are taken away by this Statute now having holding or enjoying any Estate Terme or Interest in possession by himselfe his under Tenants or Assignes of or in any Mannors Lands Tenements Appropriations or other Hereditaments whatsoever shall and may be preferred in the taking and renuing of any Estates Leases or Grants of any such Mannors Lands Tenements or Hereditaments before any other Person the said Lessees Farmors or Tenants or other Parties interessed as aforesaid desiring the same and giving such Fines Rents and other considerations for the same as by the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Peter Malbourne Esquires or the Survivors or Survivor of them or the major part of them his or their Heires or Assignes shall be thought and held just and reasonable Provided also and be it enacted by the Authority aforesaid that all and singular Revenues Rents Issues Fees Profits Summes of Money and allowances whatsoever as have heretofore been and now ought to be paid disposed or allowed unto or for the maintenance of any Grammer Schoole or Schollars or for or towards the Reparation of any Church Chappell High-way Causey Bridge Schoole-house Almes-house or other charitable use payable by any the Corporations or Persons whose Offices or places are taken away by this Act or which are chargeable upon or ought to issue out of or be paid for or in respect of the said premisses or any of them shall be and continue to be paid disposed and allowed as they were and have been heretofore any thing in this present Act to the contrary thereof notwithstanding And to the intent and purpose the Parliament may be certainly and clearly informed of the premisses to the end the same may be distributed applied imployed to and for such pious and godly uses and purposes as is intended and herein declared Be it ordained and enacted that the Lord Keeper of the Great Seale of England for the time being shall by vertue of this Act have full Power and Authority and is hereby required to award and issue forth severall Commissions under the Great Seale of England into all and every the Counties and Cities with in the Kingdome of England and Dominion of Wales to be directed unto such and so many Persons as bâ— the Lords and Commons in this present Parliament assembled shall be nominated assigned and appointed thereby authorizing and requiring thâ—m or any five or more of them and giving them full Power and â—uthority by the Oathes of good and lawfull men as by all other good and lawfull wayes and meanes to inquire and find out what Mannors Castles Lordships Granges Messuages Lands Tenements Meadowes Leasues Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions
joyntly made use of with the Publique Faith of the Kingdom of England for the present taking up of two hundred thousand pounds sterling in the Kingdom of England or else where For the speedy procuring of the said Hundred Thousand pounds sterling as aforesaid As also a considerable summe for the satisfying in good proportion the Arreares of the Scottish 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 mutuall 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 Publique Faith of the Kingdome of Scotland shall be given to their Brethren of England That neither their entrance into nor their continuance in the Kingdome 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 mutuall advice and consent of both Kingdomes 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 Kingdome of Scotland is now willing to ayde and assist their Brethren of England the Kingdome of England doth oblige themselves to ayd and assist the Kingdome 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 Scottish Army shall be imployed as aforesaid for the defence of the Kingdome of England There shall be fitted out as Men of Warre Eight Ships whereof sixe shall be of Burthen betwixt one hundred and Twenty and two hundred Tonne the other between three and foure hundred Tonâ—e 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 Kingdome of England to be imployed for the defence of the Coast of Scotland under such Commanders as the Earle of Warwick for the time of his being Admirall shall nominate with the approbation of the Committees of both Kingdomes which Commanders shall receive from the said Earle generall Instructions that they doe from time to time observe the directions of the Committees of both Kingdomes 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 setling of the Government and Liturgy of the Church of England and for vindicating and clearing of the Doctrine of the said Church from false aspertions and interpretations WHereas amongst the infinite blessings of Almighty V. God upon this Nation none is or can be more deare unto us then the purity of our Religion and for that as yet many things remaine in the Liturgy Discipline and Government of the Church which do necessarily require a further and more perfect Reformation then as yet hath been attained and whereas it hath bin declared and resolved by the Lords and Commons assembled in Parliament that the present Church government by Arch-bishops Bishops their Chancellors Commissaries Deanes Deanes and Chapters Arch-deacons and other Ecclesiasticall Officers depending upon the Hierarchy is evill and iustâ—y offensive and burthensome to the Kingdom a great impedimeâ—t to Reformation and growth of Religion and very preiudicialâ— to the State and government of this Kingdom and thâ—â— therefore they are resolved that the same shall be taken away and that such a government shall be setled in the Church aâ— may be most agreeable to Gods holy word and most apt to proâ—ure and preserve the peace of the Church at home and neerer 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 premises as shall be proposed unto them by both or either of the Houses of Parliament and to give their advice and counsell 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 Earle of Northumberland William Earle of Bedford Philip Earle of Pembroke and Montgomery William Earle of Salisbury Henry Earle of Holland Edward Earle of Manchester William Lord Viscount Say and Seale Edward Lord Viscount Conway Philip Lord Wharton Edward Lord Howard of Estr John Selden Esqu Francis Rows Esqu Edmund Prideaux Esqu Sr Henry Vane Knight senior Iohn Glyn Esqu Recorder of London Iohn White Esqu Bouldstrode Whitlocke Esqu Humphrey Salloway Esqu M. Serjcant Wild Oliver Saint-John Esqu His Majesties Sollicitor Sr Benjamen Rudyard Knight Iohn Pym Esq Sir John Clotworthy Knight Iohn Maynard Esqu Sir Henry Vane Knight junior William Pierpoint Esqu William Wheeler Esqu Sir Thomas Barrington Knight Walter Young Esqu Sir John Evelin Knight Herbert Palmer of Ashwell Batchelor in Divinity Oliver Boles of Sutton Batchelor in Divinity Henry Wilkinson of Waddesdon Batchelor in Divinity Thomas Valentine of Chalfont-Giles Batchelor in Divinity D William Twiss of Newbury William Raynor of Egham Mr. Hannibal Gammon of Maugan Mr. Iasper Hickâ— of Lawrick Dr. Joshua Hoyle late of Dublin in Ireland William Bridges of Yarmouth Thomas Wincop of Ellesworth Doctor in Divinity Thomas Goodwin of London Bâ—tchelor in Divinity Iohn Ley of Budworth in Cheshire Thomas Case of London Iohn Pyne of Bereferrers Mr. Whidden of Mooreton Dr. Richard Love of Ekington Dr. William Gouge of Blackfriers London Dr. Ralph Brownerigg Bishop of Exeter Dr. Samuel Ward Master of Sidney Colledge Iohn White of Dorchester Edward Peale of Compton Stephen Marshall of Finchingfild Batchellor in Divinity Obediah Sedgewicke of Cogshall Batchellor in Divinity M. Carter Peter Clerk of Carnaby William Mew of Estington Batchellor in Divinity Richard Capell of Pitchcomb Theophilus Bathurst of Overton Watervile Phil. Nye of Kimbolton D. Brocket Smith of Barkway D. Cornelius Burges of Watford John Greene of Pencombe Stanley Gower of Brampton-Bryan Francis Taylor of Yalding Tho. Wilson of Otham Antho. Tuckney of Boston Batchellor of Divinity Thomas Coleman of Bliton Charles Herle of Winwicke Richard Herricke of Manchester Richard Cleyton of Showell George Gibbs of Ayleston D. Calibute Downing
or any thing therein contained shall not give unto the persons aforesaid or any of them nor shall they in this assemblâ— assume to exercise any Iurisdiction Power or Authority Ecclesiasticall whatsoever or any other Power then is herein particularly expressed The Votes or Orders delivered with it Die Mercurii 5. Iulii 1643. ORdered by the Lords and Commons in Parliament Assembled VI. That it shall be propounded to the Assembly to Morrow at their meeting to take into their Consideration the Tenne first Articles of the 39 Articles of the Church of Englanâ— to free and Vindicate the Doctrine of them from all Aspersions and false interpretations Iovis 6. Iulii 1643. Some generall 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 appoynted to set downe all proceedings and these to be Divines who are not Members of the Assembly viz. Mr Henry Rowberry and Mr Adoniram By feild 3. Every Member at his first entrance into the Assembly shall make a serious and solemne 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 unlesse the Assembly desire he may goe on 7. No man to be deemed to enter his dissent from the Assembly and his Reasons for it in any poynt 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 Iudgement 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 Solutions if any were given in the Assembly to those Reasons Jovis 6. Iulii 1643. I A. B. doe 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 Disciâ—line 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 poynt 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 prâ—pounded to the Assembly of Divines to consider of the Doctrine of the Nine next Articles of the â—9 Articlâ—s of the Church of England to cleare and vindicate the same from all Aspersions and false interpretations The Articles of the sixt of August 1642. ARTICLES of the Treaty concerning the Reducing of the Kingdome of Ireland to the Obedience of the Kings Majesty and Crowne of England agreed upon between the Commissioners for Scotland authorized by Hiâ— Majesty and the Parliament of that Kingdome and the Commissioners for England authorized by His Majesty and the Parliament of that Kingdome at Westminster the sixt day of August 1642. FIrst The Scottish Commissioners out of the sense of that duty VII which the Kingdome of Scotland owes to His Majesty and the true affection they beare towards the Kingdome of England being willing to contribute their best assistance for the speedy reliefe of those distressed parts in Ireland which lye nearest the Kingdome of Scotland Have in the name of that Kingdome made offer of Ten Thousand Men to be imployed in that Service And for a further Testimony of their Zeale to His Majesties Service and Brotherly respect to the Kingdome of England have declared that the Kingdome of Scotland will upon their owne Charge Levy and Transport these Men. Secondly Because the Kingdome of Scotland are to send over with their Army the number of six thousand Muskets and foure thousand Pikes with such Canon and Ammunition as shall be fitting for the service It is agreed that foure thousand Muskets and two thousand Pikes shall be presently sent by the Kingdom of England into the Kingdom of Scotland and delivered at Lâ—â—th As also that the residue of the said ten thousand Armes and ten thousand Swords and Belts shall be delivered there at the first of August next And that as many Canon and Field-Peeces of the same bore weight and mettle shall be carryed into Scotland upon their demand as they shall Transport into Ireland for thâ— sâ—â—vice of that Kingdome And that the said whole Armes and Ammunition shall remaine in Scotland untill the returne of the Scâ—ttish Army from Ireland At which time the same shall be restored to the Kingdome of England the Kingdome of Scotland receiving satisfaction for such of their Armes 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 Scottish Army in Ireland for the defence of the Province of Vlster sixe Peeces of Demy Canon of the Ball of Foure and twenty pound weigh◠〈◊〉 their Equipage Thiâ—â—â—y It is agreed That there shall be two Ships of Warre presâ—â—tâ—â—â—â—nt by the Kingdome of England to Lochryan Lamalâ—c◠〈◊〉 Patrick or Air to Guard and waft over the Scottish Souldiâ—â—s And that the said Ships shall attend at the Ports in Irâ—â—and for serving the Scottish Army in going and returning betwixt the Coasts and keeping the Passages cleare as they shall receive Orders from the chiefe Commanders of the Scottish Army for the time being according to Instructions received or to be received by the Master of these Ships from the Lord Admirall or Commissioners of the Admiralty for the time being to that purpose Fourthly It is agreed That there shall be Levyed and furnished by the Kingdome of England ten Troopes of sufficient and well Armed Horsemen consisting of sixty in a Troop besides the Officers And that there shall be a Commissary Generall a Serjeant-Major and a Quarter-master appointed over them which shall joyne and remaine with the Body
Horse appointed to joyne therewith whereunto they shall returne when the service is done And that no Officer of the Scottish Army shall be Commanded by one of his owne quality and if the Commanders of the Troopes so sent out of either Army be of one Quality that they Command the Party by turnes And it is neverthelesse provided That the whole Scottish Army may be called out of the Province of Vlster and the Horses appointed to joyne with them by His Majesties Lievtenant of Ireland or other Cheife Governour or Governours of that Kingdom for the time being if he or they shall thinke fit before the Rebellion be totally suppressed therein Eleventh It is agreed That the Scottish Army shall be entertained by the English for three moneths from the Twentieth of Iune last and so along after untill they be discharged and that they shall have a moneths Pay advanced when they are first Mustered in Ireland and thereafter shall be duly paid from Month to Month And that there shall be one Muster-Master appointed by the English Muster-Master Generall to make strict and frequent Musters of the Scottish Army and that what Companies of Men shall be sent out of Scotland within the compasse of the ten Thousand Men shall be paid upon their Musters in Ireland although they make not up compleat Regiments Twelfth It is agreed That the Scottish Army shall receive their discharge from the King and Parliament of England or from such Persons as shall be appointed and authorized by His Majesty and both Houses of Parliament for that purpose And that there shall be a Moneths warning before hand of their disbanding which said discharge and Moneths warning shall be made knowne by His Majesty and them to the Councell of Scotland or the Lord Chancellour a Moneth before the discharging thereof And that the Common Souldiers of the Scottish at their dismission shall be allowed fourteen dayes Pay for carrying of them home Thirteenth It is provided and agreed That at any time after the three Moneths now agreed upon for the entertainment of the Scottish Army shall be Expired and that the two Houses of Parliament or such Persons as shall be authorized by them shall give notice to the Councell of Scotland or to the Lord Chancellor there That after one Moneth from such notice given the said two Houses of Parliament will not pay the said Scottish Army now in Ireland any longer then the said two Houses of Parliament shall not be obleiged to pay the said Army any longer then during the said Moneth Any thing in this Treaty contained to the Contrary notwithstanding The Ordinances of the 9th of March and 11th of Aprill Die Sabbati 9. Martii 1644. Resolved upon the Question by the Lords and Commons in Parliament Assembled THat he who doth or shall command in chiefe over the said VIII Army by joynt advice of both Kingdoms shall also command the rest of the Brittish Forces in Ireland And for the further managing of that Warre and prosecuting the ends expressed in the Covenant That the same be done by joynt advice with the Committees of both Kingdomes Die Iovis 11. April 1644. Resolved upon the Question by the Lords and Commons in Parliament Assembled THat the Earle of Leven Lord Generall of the Scots Forces in Ireland being now by the Votes of both Houses agreed to be Commander in Chiefe over all the Forces as well Brittish as Scots according to the Fourth Article of the result of the Committees of both Kingdoms passed both Houses be desired with all convenient speed by the advice of the said Committees to appoynt and nominate a Commander in chiefe under his Excellency over the said Forces to reside with them upon the place Resolved c. THat Committees be nominated and appointed by the joynt advice of both Kingdomes of such numbers and Qualities as shall be by them agreed on to be sent with all convenient speed to reside with the said Forces and inabled with all ample Instructions by the joynt advice of both Kingdoms for the Regulating of the said Forces and the better carrying on of that Warre The Letter of the Lords Justices and Councell of Ireland to the Speaker of the House of Commons in England 4. Aril 1643. a Duplicate whereof the originall being sent to Westminster was by them sent to Mr Secretary Nicholas for His Majesty SIR OVr very good Lord the Lord Marquesse of Ormond having IX in his march in his last expedition consulted severall times with the Commanders and Officers of the Army in a Councell of Warre and so finding that subsistence could not be had abroad for the Men and Horses he had with him or for any considerable part of them it was resolved by them that his Lordship with those Forces should returne hither which he did on the sixe and twentieth of March. In his returne from Rosse which in the case our Forces stand he found so difficult to be taken in as although our Ordinance made a breach in their walls it was found necessary to desert the Siege he was encountred by an Army of the Rebels consisting of about sixe thousand Foot and sixe hundred and fifty Horse well Armed and Horsed yet it pleased God so to disappoint their Councells and strength as with those small Forces which the Lord Marquesse had with him being of fighting men about two thousand five hundred Foot and five hundred Horse not well armed and for the most part weakly horsed and those as well Men as Horses much weakned by lying in the fields severall nights in much Cold and Raine and by want of mans-meat and horse-meat the Lord Marquesse obtained a happy and glorious deliverance and Victory against those Rebells wherein were slaine about three hundred of them and many of their Commanders and others of quality and divers taken Prisoners and amongst those Prisoners Colonell Cullen a Native of this City who being a Colonell in France departed from thence and came hither to assist the Rebels and was Lievtenant Generall of their Army in the Province of Leinster and the Rebels Army were totally Routed and defeated and their Baggage and Munition seized on by His Majesties Forces who lodged that night where they had gained the Victory and on our side about Twenty slaine in the fight and divers wounded We have great cause to praise God for magnifying his goodnesse and mercy to his Majesty and this his Kingdome so manifestly and indeed wonderfully in that Victory However the joy due from us upon so happy an occasion is we confesse mingled with very great distraction here in the apprehension of our unhappinesse to be such as although the Rebels are not able to overcome His Majesties Army and devoure his other good Subjects here as they desire yet both his Army and good Subjects are in danger to be devoured by the wants of needfull Supplies forth of England for as we formerly signified thither those Forces were of necessity sent
downe in their Propositions in terminis And in this poynt though they seem to reduce the time which in their Propositions was indefinite to a certainty to which yet the Scottish Commissioners See no. 132. have not absolutely agreed the alteration is more in shew then indeed and rather to the heightning then abateing their demands for whereas they have limited the time to seaven years yet it is with an additionall clause That after those seven years it was to be executed as We and they should agree and not otherwise so that though the Commissioners should have the power but for seaven years yet we should not have it after those seaven years nor at any time unlesse they and we could agree in it so much would they have gained by this seeming compliance in poynt of limitation of this power to a time though not to that time of three years which we proposed But they justify the reasonablenesse of it for whereas our Commissioners in their Paper to which this of theirs is applied as No. 130. an answer tell them that if the time for this power be unlimited we and our posterity shall for ever part with our peculiar Regall power of being able to resist our Enemies or protect our good Subjects and with that undoubted and never denyed right of the Crowne to make Warre and Peace or ever more to have jurisdiction over our own Navy and Fleet at Sea the command thereof being also a part of this great power to be given to these Commissioners They answer plainly they cannot admit of this peculiar Regall Power which Our Commissioners mention to reside in us concerning the Militia and to make Peace and Warre or that it is otherwise to be exercised then by authority from us and both Houses of Parliament of England and the Estates of the Parliament of Scotland respectively We approve of their ingenuity that now at the breaking off of the Treaty they tell us in plain tearmes what they meane though the Common Law-books and Records of Parliament have mentioned that the sole power of protecting the Subjects belongs to the King and that he alone hath power to make Peace and Warre though it hath been the language of former Parliaments even of the last Parliament and at the beginning of this Parliament that the power of Peace and Warre is in the King but if he will have money from His Subjects to maintain the Warres he must have their consents and though the universall consent and common opinion heretofore hath gone accordingly yet they cannot admit thereof as to have been our right for the answer is made to the assertion concerning our right And not admitting it it seems their oathes of Alleageance and Supremacy to defend our Crowne and Dignity and to assistand defend all Iurisdictions Priviledges and authorities belonging to us oblige them not And as they doe not admit this power in right to have been in us alone for the time past so neither will they admit it for the time to come in Vs or Our successors to be able to resist our Enemies or protect our Subjects or to make Peace or Warre but it must be by authority from Vs and the two Houses and the Estates of the Parliament of Scotland respectively They are to be associated in these Regall Powers and the Scepter and the Sword may in Pictures or Statues but are not indeed to be in the Kings hand alone Vpon these grounds We wonder not that they would have the Navy and Fleet at Sea to be put into the hands of their Commissioners for seaven years as the Militia for the Land and after the seaven years to be commanded in such manner as they and we should agree and not otherwise for they say the reasons are the same for them as for the Militia by land It is a principall meanes they say of their security and We cannot find they think themselves to have any security if We and Our Successors have any Power But if We will part with Our Power wholly unto them We and Our Posterity shall be fully secured by the aflections of Our Subjects that is by the Lords Commons now at Westminster who in their sense represent all the people who by themselves during the Parliament or when they shall please to make any recesses by their Commissioners during the intervalls will free us from the burden of the Militia and of Our Navy and so of protecting Our Subjects and will save Vs the Charge of Our Navy because it is to be principally maintained by the free guift of the Subject out of Tonnage and Poundage and other Impositions upon Merchandise And having taken this care for Our security sutable to all their Actions these three yeares last past They say that for security of those who have been with Vs in the Warre an Act of Oblivion is desired to be passed whereby all Our Subjects would have been put in one and the same condition and under the same protection with some exceptions mentioned in the Propositions We are not willing to mention those exceptions by which not onely most of Our best Subjects who have been with Vs in the Warre according to their duties by expresse or generall termes are excepted but all the Estates of some of them and a great part of the Estates of the rest of them for that very cause because they were with Vs in the Warre are to be forfeited As for securing them by an Act of Oblivion they have lesse cause to desire it then they who propose it as being more secured by the Conscience of doing their duties and the protection of the knowne common Law of the Land if it might take place then any protection under the two Houses or their Commissioners for the Militia yet We were not unwilling for the security of all Our Subjects to have assented to an Act of Oblivion being willing as much as in Vs lies to have made up these breaches and buryed the memory of these unhappy Divisions It was urged by our Commissioners that according to the literall sense of the Propositions in the powers given to the Commissioners for the Militia That Sheriffes and Justices of Peace and other legall Ministers could not raise the Posse Comitatus or Forces to suppresse Riots without being lyable to the interpretation of the Commissioners To this they answer That this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legall Processe nor can be intended to be any disturbance but for the preservation of the Peace We shall admit that to be their meaning but it being by the Propositions made Treason in any who shall leavy any Forces without authority or consent of the Commissioners to the disturbance of the publique Peace it is apparent that the Sheriffes or Iustices of Peace if they raise any Forces to suppresse any tumultuous Assembly which it is possible some of the Commissioners may countenance or
he had not absolutely denyed it to his last with more sense of Conscience in that particular then they who examined him expected it is likely whatsoever untruths reflecting upon Vs had bin forced from him had bin as others were published to Our disgrace And although they long questioned the credit and truth of those Letters of the Lords Iustices and Councell of Ireland notwithstanding one of them being directed to the Speaker of the House of Commons was received and communicated to the House and Ours was but a Duplicate thereof and Copies were delivered to them of both Letters which two of their Commissioners comâ—ared with our originalls and saw the names of all the Councell-subscribers as well as the two Lords Iustices some of which Councellors were of principall estimation with themselves and they might also have had Copies of their names who subscribed if they would have assured Our Commissioners that such of them as should have come into their Quarters should not have been prejudiced by it yet the extremity of Our poor English Subjects inducing that Cessation being so notorious and that attestation thereof undeniable they fall at last to confesse and avoyd them They say That some who were of the Councell when those Letters were written assure them that those Letters were written onely to presse for Supplies without any intention of inducing a Cessation neither doe the Letters conteine any mention of a Cessation It is true those Letters doe not nor was it alleadged they did mention any Cessation but they pressed for Supplies from hence and laid open their necessities to be such that it was apparent to any man as we had also private advices from some of the Councell there and of credit with those at Westminster that if Supplies failed there was no way for the preservation of Our good Subjects there but by a Cessation And these bleeding wants of Our Army and good Subjects there so earnestly calling for Reliefe and this Kingdome being then ingaged in the height of an unnaturall Warre Our Selves unable to supply them and no timely supply nor hopes of it comming from the two Houses what course lesse dishonourable for Vs or more for the good and safety of the poore English there could be taken then to admit of a Treaty for a Cessation which was managed by Our publique Ministers of State there and that Cessation assented unto as best for that Kingdome by the chiefe Officers of the Army and the Lords Iustices and Councell of Ireland before Our Approbation thereof They say That those necessities were made by a designe of the Popish and Prelaticall Party the Prelaticall Party must come in upon all turâ—es though none suffered more by the Irish Rebellion nor were lesse advantaged by the Cessation then those poore Prelates and that at this very time when the Protestants were in such Extremity Provisions sent thither by the Parliament for their reliefe were disposed of and afforded to the Rebels The Letters of the Lords Iustices and Councell tell us That no Provisions at all were sent by the Parliament and if they had not told it yet this being barely affirmed might as easily be denyed unlesse they had instanced in particular what Provisions were sent and how and when and by whom or to whom they were disposed But they say That at the same time the Officers of the Army and Garrisons pressing for leave to march into the Enemies Country to live upon them and save their owne stores some could not obteine leave to goe and those who were drawne forth had great quantities of Provisions out with them yet were not permitted to goe into the Enemies Country but kept neare Dublin till their Provisions were spent and then Commanded back againe They might remember at that time wherein they suppose this miscarriage the chiefe manage of those Affaires was in the hands of such Ministers of State whom they did and doe still relye upon but sure those Ministers are not to be blamed if they durst not suffer the Souldier to march farre or stay long in the Enemies Country when there was but forty Barrells of Powder in all the Store or if they called them back in such case when the Enemy approached Let such as these or what other pretences and excuses soever be made for not relieving Ireland we are sure the chiefe Impediment to it was their active promoting this Rebellion in England And therefore as they made use of the Supplies both of Men and Money provided for that Kingdome against Vs at Edge-hill so from the time of that Battaile some Supplies sent before which else perhaps had been also countermanded arriving in Ireland about the time or shortly after that Battaile they were so carefull of recruiting and supplying their Armies here that though they received much Monyes for Ireland and had at their disposall great store of Our Ammunition neither the one nor the other was ever after afforded to the English Army and Forces or to the Protestants about Dublin though the Cessation was not made till September following As for those Protestants in Munster Connaught and Vlster who they say opposed the Cessation and did and doe still subsist they were most of them of Our Scottish Subjects the rest excepting some few wrought upon by private interest or particular solicitation were such who being under their power were forced for their reliefe to concurre with them against it These indeed as they did not suffer under so great wants as the English at the time of the Cessation as is well knowne though it seem to be denied more speciall Provisions being made for them and for their Garrisons then for the English as doth in great part appeare even by the Articles of their Treaty of the sixth of August so they have since subsisted by Supplies sent from the two Houses whereof none were suffered to partake but such as take their new Covenant and doubly break the bonds of their obedience and duty both by taking that dangerous ensnaring Oath prohibited by God and their King and opposing Our Ministers of State there without whose Authority a Cessation being concluded during that Cessation they ought not to have continued a Warre in that Kingdome We easily believe the Provisions they mention are or may be sent for supply of those Forces as being a meanes to keep up a Party against Vs there and to have a Reserve of an Army ready upon any accidents of Warre to be drawne hither against Vs and being also necessary for the satisfaction of Our Scottish Subjects whom they must please who would not be so forward in their service without some good assurance such as is the having an Army of theirs kept on foot in Ireland at the charge of this Kingdome and two of our strongest Townes and Castles there delivered to them Cautionary Towns as we may beleeve Berwick also is being denyed the sight of that Treaty and by the Command of all the English Forces there by the
Offered if any other doubts yet remaine by conference to cleare them which still we are ready to doe And we have heard nothing just or reasonable for that Cessation It will be made evident that the necessities which by your Lordships were made excuses for the Cessation were created on purpose to colour the same and we are compelled by your Lordships paper to let you know that the Committees of Parliament sent into Ireland to endeavour to supply their necessities were discountenanced by the principall instruments for that Cessation and when they had taken up 2000l upon their personall security for the Army there they were presently after commanded from the Councell by a Letter brought thither from His Majesty by the Lord Ormonds Secretary And when the Officers of the Army were contented to subscribe for Land in satisfaction of their Arreares it was declared from His Majesty that He disapproved of such subscriptions whereby that course was diverted And we doe affirme that what ever summes of money raised for Ireland were made use of by both Houses of Parliament were fully satisfied with advantage and as we are informed before the Bill mentioned in our former paper was refused by His Majesty And for the Regiments of Horse and Foot mentioned by your Lordships to be raised for Ireland and imployed otherwise by the Houses of Parliament It is true that Forces were so designed and when the Money Armes and other Provisions were all ready and nothing wanting but a Commission from His Majesty for the Lord Wharton who was to Command them the same could not be obtained which was the cause those Forces did not goe thither and when twelve Shipps and six Pinnaces were prepared with 1000 or more land Forces for the service of Ireland and nothing desired but a Commission from His Majesty the Shipps lying ready and staying for the same were three weeks together at 300l a day charge yet the same was denyed though often desired And where your Lordships seem to imply that the provisions seized by His Maiesties Forces were going for Coventrey it was made known to His Maiesty that the same were for Ireland And your Lordships must needs conceive that the papers you delivered to us being but Extracts and for that you deny us so to compare them with the Originalls as to have the names of the Persons by whom they were Written it is altogether unreasonable for us to give any credit to them it being manifest by this and our former papers and debates that the Cessation with the Rebels in Ireland is both unjust and unlawfull We therefore insist on our demands concerning Ireland as apparently good for His Maiesties Subjects there and for reducing that Kingdom to His Maiesties Obedience Before His Maiesties Commissioners gave answer to this last paper they being also to answer the rest of the demands concerning Ireland for their necessary information touching some doubts that did arise upon those demands and the Articles of the Treaty of the 6th of August concerning Ireland and Ordinances delivered with them the Kings Commissioners gave in these severall papers The King's Commissioners first Paper 19. February IN the eight Article of the Treaty for the comming of the CL. Scots Army into England dated 29. Nov. 1643. at Edenbourgh delivered to us by your Lordships among the papers for Ireland and desired by the 12th Proposition to be confirmed by Act of Parliament It is agreed that no Cessation nor any Pacification or agreement for Peace whatsoever shall be made by either Kingdome without the mutuall advice and consent of both Kingdomes or the Committees in that behalfe appoynted 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 We desire to know whether that Article extend to any Cessation Pacification or Agreement in Ireland The Answer 19. Febr. WE did in answer to your Lordships Paper of the first of CLI February upon the Propositions concerning Religion deliver the Treaty of the 29th of November 1643. mentioned by your Lordships and not among the Papers for Ireland to which it hath no relation The King's Commissioners Reply 20. February YOur Lordships did deliver the Treaty of the 29th of November CLII. 1642. to us with the Papers concerning Ireland and on the 7th day of this instant February and not upon the first of February upon the Propositions concerning Religion Their Answer 20. Feb. WHen your Lordships peruse your Papers you will rest CLIII satisfied with our Answer of the 19th of this instant to your first Paper that day given to us for it will appeare by your Lordships 3d Paper of the first of February and our Paper given to your Lordships in answer of it that the Treaty of the date at Edenbourgh 29 Novemb. 1643. Was delivered to your Lordships on the first of February upon the Proposition of Religion and not upon the 3d of February with the Papers concerning Ireland The Article of the Treaty of the 29. of November 1643. which occasioned these Papers being by their Papers thus acknowledged not to concerne Ireland and so not pertinent to that subject the Kings Commissioners insisted no farther The King's Commissioners second Paper 19. February BY the 13th Proposition it is demanded that an Act be CLIV. passed to settle the prosecution of the Warre 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 Warre each have a Negative voyce or whether the Scots Commander in chiefe of the Forces in Ireland may manage that Warre in such case according to his own discretion Their Answer 19. Febr. IN answer to your Lordships second paper the prosecution of CLV the Warre 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 voyce but in case of disagreement the Houses of Parliament of England may prosecute the Warre 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 11th of April 1644. delivered to your Lordships formerly The King's Commissioners third paper 19. February BY the 20th Proposition in the Intervals of Parliament the CLVI Commissioners for the Militia have power to nominate the Lord Deputy of Ireland and other Officers aâ—d 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 in Scotland shall vote as single persons Their Answer 19. Feb. THe power of the Commissioners in the Intervals of Parliament CLVII to nominate the Lord Deputy
Armies being first disbanded His Maiestie may with honour freedom and safety be present with his two Houses of Parliament at Westminster To which two particulars that is first concerning the Disbanding all Armies and then for His Majesties speedy repayre and residing at VVestminster with Honour Freedom and safety We shall if your Lordships think fit apply our selves and accordingly to morrow will be ready to deliver to your Lordships some Propositions upon that subject And if your Lordships shall concurre with us herein we hope it will be a good inducement to procure an addition of time to this Treaty according to His Majesties Proposition in his late Letter to Vs which we delivered to your Lordships Their Paper 20 Feb. VVE shall according to mutuall agreement between His Majesty CX CII and the two Houses of the Parliament of England and the Commissioners for the Parliament of Scotland Treat these two remaining dayes upon the three Propositions for Religion the Militia and Ireland and shall be glad to receive satisfaction in them from your Lordships as the best expedient for procuring a speedy and blessed Peace that the Armies may be disbanded and the happinesse of His Maiesties presence may againe be enjoyed by those who have nothing more in their prayers and endeavours then by His Maiesties coniunction with his Parliament to see all these sad differences composed and these distracted Kingdomes restered to their Ancient happinesse and security Accordingly we shall be ready to begin againe to morrow upon the Propositions for Religion and receive what your Lordships will propose and being satisfied upon that and the other two Propositions we are confident we shall have further time given us to Treat upon such other particulars as shall be necessary for the attaining of those ends we all desire There was no other Answer given concerning His Majesties Commissioners desire to Treat touching His returne to Westminster and Disbanding Armies whereupon His Majesties Commissioners delivered this Paper 20. February VVE conceive that the reasons why your Lordships doe CXCIII not give us any Answer to our Paper concerning the Treating for the disbanding all Armies and for His Majesties comming to Westminster may be because you have no authority by your Instructions so to doe though we proposed the same to your Lordships and doe still conceive it most conducing to the conclusion of the Propositions upon Religion the Militia and Ireland upon which we have Treated And we therefore desire your Lordships that you will endeavour to have your Instructions so enlarged that we may Treat upon so important and necessary an expedient for the publique Peace In the mean time we shall be ready to receive whatsoever your Lordships please to propose in the businesse of Religion presuming that if your Lordships are not satisfied with our Answer therein in which we have applyed remedies to whatsoever hath ever been complained of as a grievance in the present Government of the Church that your Lordships will make it appeare * See their Paper no. 68. referring to this that the Government by Bishops is unlawfull or that the Government you intend to introduce in the roome thereof is the only Government that is agreeable to the word of God either of which being made evident to us we shall immediately give your Lordships full satisfaction in that you propose The King's Commissioners Paper 22. February BY our paper delivered to your Lordships 1. February we CXCIV did desire to know whether your Lordships have any Instructions concerning His Majesties Propositions for setling a safe and well grounded Peace And by our paper of the third of Feb. we did desire to know whether your Lordships had received any Instructions concerning that Proposition of His Majesty for a Cessation and if your Lordships had not received any that you would endeavour to procure authority to Treat thereupon And by our Paper of the 10th of Feb. we did desire to know whether your Lordships had received any Instructions concerning His Majesties Propositions that we might prepare our selves to Treat upon them when your Lordships should think fit And by our paper delivered to your Lordships 14th Feb. we moved your Lordships upon directionâ— received from His Majesty that you would endeavour to procure an addition of time for this Treaty after the expiration of the dayes limited for the same upon the reasons mentioned in His Majesties Letter which Letter we then delivered to your Lordships And by our Paper delivered to your Lordships the 20th of this month we moved your Lordships to endeavour an addition of time for this Treaty after the expiration of the dayes limited for the same upon the reasons mentioned in His Maiesties said Letter to which we have not yet received full Answer Nor have we yet had any notice from your Lordships whether the two Houses of Parliament have given any further time for this Treaty And having hitherto according to the order prescribed us Treated onely upon the three first heads of Religion the Militia and Ireland and the twenty dayes expiring this day we againe desire to know whether there is any addition of time granted for this Treaty our safe Conduct being but for two dayes longer Their Answer 22. Feb. YOur Lordships Papers of the first third and tenth of Feb. CXCV. whether we had any Instructions concerning His Majesties Propositions and power to Treat for a Cessation as also your Papers of the 14 and 20th of Feb. concerning His Majesties Letter for an addition of time to this Trenty with your Lordships desire thereupon have been by â—â— sent up to both Houses of Parliament from time to time as we received them together with our Answer given to them and in our Answers we have from time to time declared to your Lordships that when the Houses shall be satisfied in the good progresse of the Treaty upon their Propositions concerning Religion Militia and Ireland they will give an addition of time for the Treaty And we doe conceive that if your Lordships Answers to our Demands concerning Religion the Militia and Ireland had been such as to have given satisfaction in the good progresse of this Treaty mutually consented for twenty dayes upon the said Propositions we should have before this been enabled with power to continue the Treaty aswell upon his Majestie 's as the rest of the Propositions But your Lordships having 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 then the twenty dayes of which this is the last And as for your Lordships safe Conduct we conceive the three Sundayes last past being not accompted any dayes of the Treaty so this next Sunday is not to be esteemed one of the two dayes allowed after the Treaty in your Lordships safe Conduct but your Lordships are to have two dayes besides this next
Lords day The King's Commissioners Reply 22. February WE cannot expresse the great sadnesse of our hearts that CXCVI. 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 doe 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 progresse on our part in the said Treaty as we find by your Lordships last paper to our great griefe 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 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 poynt of time concerning the Militia which though it seems to be limited to seaven years in truth leaves it as unlimited as it was before in your Propositions for at the end of seaven years it must not be exercised otherwise then shall be setled by His Majesty and the two Houses of Parliament so that all the legall power now in His Majesty is taken away and not restored after the seaven years expired Neither is there a full consent to that limiration offered by your Lordships the Commissioners of the Parliament of Scotland Nor have your Lordships offered to us any prospect towards Peace other then by submitting totally to those Propositions the which if we should doe we should consent to such alterations as by constructions and consequences may dissolve the whole frame of the present Government both Ecclesiasticall and Civill 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 restraine or interpret any particular in any other manner then 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 only 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 publique Peace And we must desire your Lordships to remember that though you doe not only in your Covenant which you require may be taken by His Majesty and injoyned to be taken by all His Subjects undertake the Reformation in poynt of Government but even in poynt of Doctrine too thereby laying an imputation upon the Religion it selfe so long professed in this Kingdom with the generall approbation of all reformed Churches yet your Lordships 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 doe not give your Lordships satisfaction that so great an alteration as the totall abolition of a Government established by Law may for the importance of it and any reformation in Doctrine for the scandall of it be suspended till after the disbanding of all Armies His Maiesty may be present with the two Houses of Parliament and calling a Nationall 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 calmely made must needs prove for the singular benefit and Honour of the Kingdom so we must appeale to your Lordships whether the centrary 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 businesse of the Militia though your Lordships doe not deny that the Iealousies and apprehensions of danger are mutuall and that the chiefe 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 Estares of the Parliament in Scotland and that the time for that great Generall and unheard of Trust shall be in such manner that though it seem to be limited to seaven years yet in truth by declaring That after those scaven years it shall not be otherwise exercised then His Maiesty and the two Houses of Parliament shall agree and His Maiesty may thereby be totally and for ever divested of the power of the Sword without which He can neither defend himselfe against Forteigne Invasions or Domestick Insurrections or execute His Kingly Office in the behalfe of His Subjects to whom He is Sworne to give Protection And to both these your Lordships adde the introducing a Neighbour Nation governed by distinct and different Lawes though united under one Soveraigne 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 equall number shall be named by you and the other number by His Majesty and that halfe the Forts and places of strength within the Kingdom shall be in the custody of those whom you think fit to be trusted therewith the other halfe in such hands as His Majesty please 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 of the said Trust which being considered as the sceurity is mutuall so neither part can be supposed to violate the agreement without very evident inconvenience and danger to that part who shall so violate it the whole Kingdom being likely and indeed obliged to look upon whosoever shall in the least degree violate this agreement as the authors of all the miseries which the Kingdom shall thereby suffer And as it is most reasonable that for this security His Majesty should part with so much of his own power as may make him even