deluding the Lawes and for the better discovering and speedy conviction of Recusants an Oath be Established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory worshipping of the consecrated Hoast Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appoynted by the said Act to be sufficient conviction in Law of Recusancie 7. An Act of Parliament for education of the Children of Papists by Protestants in the Protestant Religion 8. An Act for the true leavying of the penalties against them which penalties to be leavyed and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no losse 9. That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Lawes against them duely executed and a stricter course taken to prevent the saying or hearing of Masse in the Court or any other part of this Kingdome 10. The like for the Kingdome of Scotland concerning the foure last preceeding Propositions in such manner as the Estates of Parliament there shall thinke fit 11. That the King doe give His Royall Assent To an Act for the due observation af the Lords day And to the Bill for the suppression of Innovations in Churches and Chappell 's in and about the Worship of God And for the better advancement of the Preaching of Gods holy Word in all parts of this Kingdome And in the Bill against the enjoying of Plaralities of Benefices by spirituall Persons and non-Residencie And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Vniversities of the Colledges of Westminster Winchester and Eaton And to an Act in like manner to be agreed upon for the suppression of Interludes and Stage-playes This Act to be perpetuall And to an Act for the taking the Accompts of the Kingdom And to an Act to be made for reliefe of sick and maymed Souldiers and of poor Widdowes and children of Souldiers And to such Act or Acts for raising of Moneyâ— for the payment and satisfying of the publique Debts and Damages of the Kingdome and other publique uses as shall hereafter be agreed on by both Houses of Parliament And to an Act or Acts of Parliament for taking away the Court of Wards and Liveries and all Wardships Liveries Primer seisins and Ouster le maynes and all other charges incident or arising for or by reason of Wardship Livery Primer seisin or Ouster le Maine And for the taking away of all tenures by homage and all Fines Licenses Seisures and Pardons for alienation and all other charges incident thereunto and for turning of all Tenures by Knights service either of His Majesty or others or by Knights service or soccage in Capite of His Majesty into free and common soccagâ— And that His Majesty will please to accept in recompence hereof one hundred thousand pounds per annum And give assurance of his consenting in the Parliament of Scotland to an Act ratifying the Acts of Convention of the Estates of Scotland called by the Councell and Conservatory of Peace and the Commissioners for the common Burthens and assembled the 22 day of Iune 1643. and severall times continued since in such manner and with such additions and other Acts as the Estates convened in this present Parliament shall thinke convenient 12. That an Act be passed in the Parliament of both Kingdomes respectively for confirmation of the Treaties passed betwixt the two Kingdoms viz. the large Treaties the late Treaty for the comming of the Scots Army into England and the setling of the Garrison of Berwick of the 29 of November 1643. And the Treaty concerning Ireland of the 6th of August 1642. with all other Ordinances and proceedings passed betwixt the two Kingdomes in pursuance of the said Treaties 13. That an Act of Parliament be passed to make voyd the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the prosecution of the Warre of Ireland in both Houses of Parliament to be mannaged by the joynt advice of both Kingdomes And the King to assist and to doe no Act to discountenance or molest them therein 14. That an Act be passed in the Parliament of both Kingdomes respectively for establishing the joynt Declaration of both Kingdomes bearing date the 30th of Ianuary 1643. in England and 1644 in Scotland with the qualifications ensuing 1. That the Persons who shall expect no Pardon be onely these following RUPERT and MAURICE Count Palatines of the Rhene Iames Earle of Derby Iohn Earle of Bristoll William Earle of Newcastle Francie Lord Cottington Iohn Lord Pawlet George Lord Digby Edward Lord Littleton William â—aud Arch-bishop of Canterbury Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derty Sir Iohn Byron Knight William Widdrington Colonell George Goring Henry â—ermin Esq Sir Ralph Hopton Sir Francis Doddington M Endymion Porter Sir George Ratcliffe Sir Marmacuke Langdale Sir Iohn Hotham Captain Iohn Hotham his sonne Sir Henry Vaughan Sir Francis Wirdebanke Sir Richard Greenvile M r Edward Hyde Sir Iohn Marley Sir Nicholas Cole Sir Thomas Riddell Iunior Colonell Ware Sir Iohn Strangwayes Sir Iohn Culpepper Sir Richard Floyd Iohn Bodvile Esq M. David Ienkins Sir George Strode Sir Alexander Carew Marquisse of Huntley Earle of Montrosse Earle of Niddisdaill Earle of Traquayre Earle of Carnewath Viscount of Aubayne Lord Ogleby Lord Rae Lord Harris Lodwick Lindsey some time Earle of â—rawford Patrick Ruthen sometime Earle of Forth Iames King sometimes Lord Ethyn â—â—uing younger of Drunim Gordon younger of Gight Lesley of Auchintoâ—le Sir Robert Spotswood of Dumipace Colonell Iohn Cockram Mr Iohn Maxwell sometime pretended Bishop of Rosse M. Walter Balcanquall and all such others as being processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. All Papists and Popish Recusants who have been now are or shall be actually in Armes or Voluntarily assisting against the Parliaments or Estates of either Kingdom 3. All persons who have had any hand in the plotting designing or assisting the Rebellion in Ireland 4. That Humphrey Bennet Esquire Sir Edward Ford Sir Iohn Penruddock Sir George Vaughan Sir Iohn Weld Sir Robert Lee Sir Iohn Pate Iohn Ackland Edmund Windham Esquires Sir Iohn Fitzherbert Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esq Sir William Russell of Worcestershire Thomas Lee of Adlington Esq Sir Iohn Girlington Sir Paul Neale Sir William Thorald Sir Edward Huffey Sir Tho. Lyddell Senior Sir Philip Musgrave Sir Iohn Digby of Nottingh Sir Hen Fletcher Sir Richard Minshall Laurence Halsteed Iohn Denham Esquires Sir Edmond Fortescue Peter St Hill Esq Sir Thomas Tildesley Sir Hen Griffith Michaell Wharton Esq Sir Hen. Spiller Sir George Benion Sir Edward
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
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
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
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
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
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
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
Kingdome All which if your Lordships please shall be examined by you with the Originalls And we are therefore of opinion that our Answer formerly delivered is a good Answer to the point of Cessation in question And that it was not unfit for His Maiesty to agree to that Cessation nor destructive to the Protestant Religion nor for the advantage of the Popish Rebells but much for the advantage of the Protestant Subjects there who were in apparent hazard of destruction by Force and Famine occasioned by the want of Supplies which had been promised to them as we have formerly said And we shall give yout Lordships a further Answer to your other Propositions concerning Ireland when the time comes againe for that Debate Here ended the first three dayes of the Treaty concerning Ireland and the night before the return of the next three dayes their Commissioners delivered this Paper 17. February VVE conceived that the Arguments used by us that His CXLVII Maiesty neither had or hath power to make the Cessation with the Rebells of Ireland might have fully satisfied your Lordships and if any doubts yetremaine we are ready by Conference to cleare them Your Lordships may well call to minde the severall Clauses we insisted upon in the Statute and the Arguments we have given from the Common-Law and other proceedings in Parliament And we doe affirme that severall great Summes of Money were paid by particular Persons and by Corporations who according to the true intent of the Statute ought to have the benefit of the same according to divers other Acts of Parliament in pursuance thereof and upon failer of payment by any particular Persons the forfeiture was to accrew to the Common benefit of the rest not failing And we doe deny that the Argument of Interest was at all waved by us And we conceive those wants alleadged by your Lordships if any such were in iustifying the Cessation were supplied from time to time by the Houses of Parliament untill His Maiesties Forces were so Quartered in and about the common Roades to Ireland that Provisions going thither were intercepted and neither Money Clothes Victualls or other things could passe by Land with safety to be transported And when that both Houses of Parliament were desirous further to supply those Wants and for that purpose did tender a Bill to His Majesty It was refused And we still alleadge that we have no reason to be satisfied concerning the Cessation by any Arguments used by your Lordships or by any thing contained in the Extracts of the Letters and Papers delivered to us by your Lordships as from the Lords Justices and Councell of Ireland and the Officers of the Army nor though desired by us have your Lordships afforded us Liberty to compare those Extracts with the Originalls whereby we might have the names of the Persons by whom they were written which we now againe desire We are therefore still clearly of Opinion as is expressed in our former Paper of the 10th of February concerning the Cessation and doe desire your Lordships full Answer to our Demands concerning Ireland The King's Commissioners Answer 18. February VVE did not conceive that your Lordships had beleeved CXLVIII that any Arguments used by you could satisfie us against His Majesties Power to make a Cessation with the Rebellâ— in Ireland which appeares to have been made by Him by the Advice of his Councell there and for the preservation of His Majesties Protestant Subjects of that Kingdome who in all probability would have perished by Famine and the Sword if that Cessation had not been made And we shall be very ready to receive farther Information from your Lordships by Conference or otherwise in that particular either concerning any Clauses in the Statute or Arguments at Common-Law or proceedings of Parliament your Lordships having never mentioned the one or made any Case upon the other upon which you intend to insist And for the severall great Summes of Money that were paid by particular Persons and Corporations upon that Statute mentioned by your Lordships we are sorry that we are compelled by your Lordships insisting thereon to informe your Lordships that His Majesty had cleare information that not only much of the money raised by the Act for the 400 thousand pound which was passed for the better suppressing that most wicked and execrable Rebellion in Ireland and for the payment of the debts of this Kingdom but also of the Mony raised by the Statute on which your Lordships insist for the speedy and effectuall reducing of the Rebels of Ireland c. and other moneys raised by Contribution and Loane for the reliefe of His Majesties distressed Subjects of that Kingdom were expended contrary to the intent of the Acts by which the same were levied and of the Persons who lent and contributed the same towards the maintenance of the Forces in this Kingdom under the Command of the Earle of Essex And that many Regiments of Horse and Foot leavied for the Warre of Ireland under the command of the Lord Wharton the Lord Kerry Sir Faithfull Fortescue and others were likewise imployed in that Army under the Earle of Essex at Edge-Hill and therefore His Majesty refused to consent to the Bill presented to His Majesty after this for the Levying more mony for Ireland justly fearing that the same might be used as the former had been And for the few cloathes for there were no Moneys intercepted by His Majesties Souldiers in His Maiesties Quarters which are said to be intended for Ireland the same were intercepted neere Coventrey and going thither after that City had refused to receive His Maiesty though at the Gates But His Maiesty never refused to give any safe Passe through His Quarters for any Goods or Provisions which were intended or prepared for Ireland neither was the same ever desired For the extracts and Copies of the Letters delivered by us to your Lordships from the Lords Iustices and Councell of Ireland and the Officers of the Army We have been and are willing that your Lordships should compare them with the Originalls But for your having the names of the Persons who writ the same since there can be no doubt of the truth of our Assertions we conceive it not reasonable to desire the same not knowing what inconvenience any of them since you seem not to like that advice might incurre if at any time they should be found within your Quarters And having now satisfied your Lordships in the Matter of the Cessation we shall gladly proceed in the Treaty with your Lordships upon any thing that may be apparently good for His Maiesties Protestant Subiects there and the resetling of that Kingdom in His Maiesties Obedience Their Reply 18. Feb. WE doe conceive that the Arguments used by us might CXLIX have fully satisfied your Lordships against His Majesties power to make a Cessation with the Rebells in Ireland having answered whatsoever your Lordships have hitherto alleadged to the contrary and
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
Cessation we have already given your Lordships We hope cleare information For the persons whose advice His Maiestie followed therein your Lordships have not thought fit to make them knowne unto us and we cannot conceive their interest in that Kingdom to be of such consideration as is by your Lordships supposed But we know very well that many persons of all sorts have forsaken that Kingdome rather then they would submit unto this Cessation and great numbers of considerable persons and other Protestants yet remaining there have opposed and still do oppose that Cessation as the visible meanes of their destruction The two Houses sent their Committees into Ireland for the better supplying and encouraging of the Armies there and to take an account of the State of the Warre to be represented hither that what should be found defective might be supplied What Warrants they issued we are ignorant off but are well assured that what they did was in pursuance of their duty and for advancement of the publique service and suppressing of that horrid Rebellion and we cannot but still affirme they were discountenanced and commanded from the Councell there where the prosecution of that Warre was to be managed and that iâ— was Declared from His Majesty that he disapproved of the subscriptions of the Officers of the Army by meanes whereof that course was diverted Concerning the monies raised for Ireland we have in our former Papers given your Lordships a full and iust answer and we are sorry the same cannot receive credit those monyes raised upon charitable collections we do positively affirme were only imployed to those ends for which they were given and we cannot but wonder the contrary should be suggested we are confident the Commission desired by the two Houses for the Lord Wharton and which your Lordships acknowledge was denied was only such as they conceived most necessary for advancement of that service and the deniall thereof proved very prejudiciall thereunto And we must againe informe your Lordships that it was well knowne at the time when the goods were seised by His Maiesties Forces as your Lordships alledge neare Coventry that the same were then carrying for the supply of the Protestants in Ireland and some other provisions made and sent for the same purpose were likewise seised taken away by some of his Maiesties Forces as we have bin credibly informed not without his Maiesties own knowledge direction your Lordships may believe that those who signed the Letters mentioned in your Papers have done nothing but what they may well iustifie and if the same be well done they need not feare to give an Accompt thereof nor your Lordships to suppose that if they come within our Quarters they shall be otherwise dealt withall then shall be agreeable to Justice Vpon the whole matter notwithstanding the allegations pretences and Excuses offered by your Lordships for the Cessation made with the Rebels in Ireland we are clearly satisfied that the same was altogether uniust unlawfull and destructive to His Maiesties good Subiects and of advantage to none but the Popish bloudy Rebels in that Kingdom And therefore we still earnestly insist as we conceive our selves in Conscience and duty obliged upon our former demands concerning Irelanâ— which we conceive most iust and honourable for His Maâ—esty to consent unto We know no other wayes to propound more probable for the reducing of the Rebels there but these being granted we shall chearfully proceed in the managing of that War and doubt not by â—ods blessing we shall speedily settle that Kingdome in their due Obedience to His Maiesty Their other Paper 20. Feb. VVE cannot understand how out of any of the Papers Articles CLXXIV and Ordinances delivered by us unto your Lordships there should be a ground for your opinion that upon any differences between the Committees or Commanders imployed about the Warre of Ireland the Warre should stand still or be dissolved nor doe we find that the Ordinance of the 11th of Aprill can produce any such inconvenience as your Lordships do imagine Nor doth the making of the Earle of Leven Commander in chiefe of the Scottish and Brittish Forces and the setling of the prosecution of the Warre of Ireland in the two Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms take away the relation to His Majesties authority or of the two Houses of Parliament or of the Lord Lieutenant of Ireland For in the first place His Majesties consent is humbly desired and the whole power is derived from him only the execution of it is put into such a way and the Generall is to carry on the Warre according to the Orders he shall receive from the Committee of both Kingdoms and in case of disagreement in the Committee the two Houses of Parliament are to prosecute that Warre as is expressed in our Answer to your Lordships second Paper of the 19. of February And when there shall be a Lieutenant of Ireland and that he shall joyne with the Commander in chiefe of the Scottish Army the said Commander is to receive Instructions from him according to the Orders of the Commissioners of both Kingdoms as we have said in our answere to your Lordships second Paper of this day nor doth the naming of the Earle of Leven to be Generall any more take away the power of the two Houses then if he were a Native of this Kingdome or is there any part of the Kingdom of Ireland delivered over into the hands of His Majesties Subjects of the Kingdom of Scotland who doe only joyne with their Councells and Forces for carrying on the Warre and reducing that Kingdom to His Majesties obedience And we conceive it most conducing for the good of His Majesties service and of that Kingdom that the Lieutenant and Judges there should be nominated by the two Houses of Parliament as is expressed in the 20. Proposition who will recommend none to be imployed by His Maiesty in places of so great trust but such whose known ability and integrity shall make them worthy of them which must needs be best known to a Parliament Nor are they to have any greater power conferred upon them by the granting this Proposition then they have had who did formerly execute those places And we know no reason why your Lordships should make difficulty of His Maiesties consenting to such Acts as shall be presented unto Him for raising moneys and other necessaries from the Subiect which is without any charge to Himselfe for no other end but the setling of the true Protestant Religion in that Kingdom and reducing it to His Maiesties Obedience for which we hold nothing too deare that can be imployed by us And we cannot but wonder that your Lordships should make the prosecution of the Warre of Ireland which is but to execute Justice upon those bloody Rebels who have broken all Lawes of God and Man their Faith their Alleageance all bonds of Charity all rules
Powder no strength of serviceable Horse no visible means by Sea or Land of being able to preserve that Kingdom and that though the Winds had in many dayes often formerly stood very faire for accessions of supplies forth of England the two Houses having then and ever since the full Command of those Seas yet to their vnexpressible greif after full six moneths waiting and much longer patience and long suffering they found their expectations answered in an inconfiderable quantity of provisions viz. 75 Barrells of Butter and 14 Tunn of Cheese being but the 4th part of a small Vessells-loading which was sent from London and arrived there on the 5th of May. which was not above 7 or 8 days provisions for that part of the Army in and about Dublin No monâ—y or victuals other then that inconsiderable proportion of victuals having arrived there as sent from the Parliament of England or from any other forth of England for the use of the Army since the beginning of Novem. before And besides these whereof we have Copies to your Lordships it was represented to Hiâ— Majesty by Petition from that Kingdom That all meanes by which comfort and life should be conveyed to that Gasping Kingdom seemed to be totally obstructed and that unlesse timely releife were afforded His Loyall Subjects there must yeeld their fortunes for a Prey their lives for a sacrifice and their Religion for a scorn to the mercylesse Rebels Vpon all which deplorable passages represented by persons principally interessed in the managing of the affaires of that Kingdom and the War there in which number were Sr William Parsons Sr Iohn Temple Sr Adam Loftus and Sr Robert Merideth persons of great estimation with your Lordships to which we could add many other advices and letters from severall men of repute and quality but that we will not trouble your Lordships with repetition of private advices we cannot think but your Lordships are now satisfied that the necessities of that Kingdom which were the ground of the Cessation there were reall and not pretended and therefore for excuses we leave them to them who stands in need of them and we desire your Lordships to consider as the distracted condition of this Kingdom was what other way could be imagined for the preservation of that Kingdom then by giving way to that Cessation and though it is insisted on in your Lordships paper that some Protestants in Vlster Munster and Connaught who have refused to submit to that Cessation have yet subsisted yet your Lordships well know these were generally of the Scottish Nation who had strong Garrisons provided and appointed to them and were in these parts of Ireland neere the Kingdom of Scotland whence more ready supplies of Victuals might be had then the English could have from England and for whose supply as His Majesty hath bin credibly informed and we beleive that your Lordships know it to be true speciall care was taken when the English Forces and other English Protestant Subjects there were neglected whereby they were exposed to apparent destruction by Sword and Famine and we cannot but wonder at the assertion that His Majesties Forces have as much as lay in them endeavoured to prevent those supplies for Ireland and at the mention of the intercepting those provisions near Coventry with His Majesties own knowledge and direction whereas as we have formerly acquainted your Lordships it was not known to His Majesty that those provisions which were taken neere Coventry going thither when His Majesties Forces were before it were intended for Ireland till after the seisure there of when it was impossible to recover them from the Souldiers which might have bin prevented if a safe Conduct had bin desired through His Maiesties Quarters which we are assured He would have readily granted for those or any other supplies for that Kingdom but was never asked of Him and as there is no particular instance of any other provisions for Jreland intercepted by His Majesties Forces but those neere Coventry which were considerable so we can assure your Lordships that when His Maiestie was in the greatest wants of all provisions and might have readily made use of some provided for Ireland lying in Magazines within His Quarters yet he gave expresse order for the sending them away which was done accordingly and would haue supplied them further out of His own store if he had bin able and no man can be unsatisfied of His Maiesties tender sence of the miseries of His Protestant Subiects in Jreland when they shall remember how readily he gave His Royall assent to any Proposition or Acts for raising of men monyes and Armes for them that he offered to passe over in Person for their releife which His Maiesties Subiects of Scotland approved and declared it to be an argument of care in His Maiestie and if that had proceeded it might in possibility have quenehed the flames of that unhappy Rebellion as long before it miâ—ht probably haue bin prevented if the Army of Jrish Natives there had bin suffered to have bin transported out of that Kingdom as was directed by His Maiestie What Provisions are Iately sent or are now sending to Ireland from the two Houses we know not But His Majesty hath been informed that even those provisions are designed in pursuance of the late Treaty concerning Ireland made with His Subjects of Scotland without His Majesties Consent and onely for such who have deelared themselvea against His Majesties Ministers and in opposition to that Cessation to which many of them had formerly consented though they have since upon private Interest and the incouragement and solicitations of others opposed the same and therefore His Majesty cannot look upon those Supplied as a support for the Warre against the Irish Rebels or as a repayment of those monyes which being raised by Acts of Parliament for that Warre have been formerly diverted to other uses of which Money 100000l at one time was issued out for the payment of the Forces under the Earle of Essex And as to dâ—verting the Forces provided for the reducing of Ireland though we conceiv'd it ought not to be objected to His Maiesty considering the Forces under the Command of the Lord Wharton raised for Ireland had been formerly diverted and imployed against him in the Warre here in England yet it is evident they were not brought over till after the Celsation when they could no longer subsist there And that there was no present use for them and before those Forces brought over there was an attempt to bring the Scottish Forces in Ireland as likewise divers of the English Officers there into this Kingdome and since the Earle of Leven their Generall and divers Scotch Forces were actually brought over To the Allegations that many Persons of all sorts have forsaken the Kingdome rathen then they would submit to that Cessation we know of none But it is manifest that divers who had left that Kingdom because they would have been famished if they
other necessaries for the setling of the true Protestant Religion in that Kingdom only we think it unreasonable that His Majesty should engage Himself as is proposed to passe all such Acts as shall be presented to Him before He know whether such Acts are reasonable or no and whether those other necessaries may not comprehend what in truth is not only unnecessary but very inconvenient neither will the Argament that the moneys are to be raised from His Subiects without any charg to Himselfe seeme reasonable to His Maiesty His Maiesty considering His owne charge much lesse then the damage and pressures which may thereby befall His good Subjects the preserving them from which is His Maiesties most sollicitous earnest desire and we cannot but wonder that your Lordships should conceive any expressions made by us concerning the prosecution of that War of Ireland to be unagreeable to the zeale of persons abundantly sensible of the Bloud horror of that Rebellion we agree with you they have broken the Lawes of God and man their Faith their Alleagiance the bonds of Charity rules of Humanity and humane Society and we heartily wish that it were in His Majesties power to do Iustice upon and make up those breaches of all those rules and bonds and to that purpose we have desired to be satisfied by your Lordships what probable course may be taken for the remedying those mischeifs and preserving the remainder of His Maiesties good Protestant Subiects but without doubt the prosecution of that War so much depends upon the condition and distractions of His Maiesties other Kingdoms that the information your Lordships gives us of the negotiation with Spaine and other States for delivering up that Kingdome from His Maiesties obedience into the hands of Strangers deserves the most strict consideration how His Majesties two other Kingdoms can be applyed to the releife of the third whil'st these distractions are in their owne Bowels and the continuance of the miseries in the two must render those in the third remedilosse if it be not preserved by some other meanes then the prosecution of the Warre neither can it be foreseen or determined what help or Assistance either party may make use of where it findes it selfe oppressed and over-powred by the other especially when it calls in any help and leaves no meanes unattempted to destroy the other And we beseech your Lordships in the Bowells of Christian Charity and compassion and in the name of him who is the Prince of Peace and who will make an inquisition for blood to consider whether all our endeavours ought not to be to stop these bloody issues in all His Majesties Dominions and whether the just God of Heaven who for our sinnes hath made the severall Nations under His Majesties Government to be Scourges of one another and of His Majesty himselfe under whose Obedience they should all live can be delighted with the sacrifice of blood and the blood of Christians and whether it would not be more agrecable to our Christian profession to endeavour the binding up of those wounds which interests passion and animosity have made We desire your Lordships to consider these things and to make such Propositions to us concerning Ireland since it is apparent that those already made by you are by no meanes fit to be consented to as may be for the growth and propogation of the true Protestant Religion the Peace and happinesse of that Kingdom and the wellfare of all His Majesties Dominions The last of the six daies concerning Ireland being now spent being the last of the 18 appointed to treat upon Religion Militia and Ireland by three daies a peece Alternis vicibus according to the order formerly proposed the two remaining daies were imployed for the most part concerning Religion but towards the end of these two daies being the last of the Treaty about 12. of the clock at night they delivered in these two following Papers concerning Ireland in Answer to the two last Papers Their Paper 22. Feb. VVE are very sorry that your Lordships should continue CLXX VII in that opinion That it was necessary to make the Cessation in Ireland when by undeniable proofs and consideration of all circumstances it is most cleare that the necessities alleadged for grounds of that Cessation were made by designe of the Popish and Prelaticall party in England and Ireland who so wickedly contrived the same that the provisions sent thither by the Parliament for reliefe of His Majesties good Subjects in reland were disposed of and afforded to the Rebells there in their greatest wants and then when your Lordships affirme the Protestants to be in so great extremity and even at that time also when the Officers of our Army and Garrisons pressing for leave to March into the Enemies Country to live upon them and save their own stores some who were driven forth had great quantities of provisions out with them yet were not permitted to March into the Enemies Country but kept neare Dublin untill their Provisions were spent and then commanded back againe others could not obtaine leave to goe forth but were commanded to stay at home that their own provisions might be the sooner consumed and thereby the necessity made greater Notwithstanding by the care of hoth Houses of Parliament here for their supply they were able to subsist and did subsist at the time of that Cessation although the making thereof reduced them to farre greater necessities then otherwise they could have suffered besides the notorious advantage thereby to the Rebels when their wants and extremities were most pressing And we should not againe have troubled your Lordships with these answers had they not been caused by your own repetition of the Letters of part whereof you have given us Copies though not the knowledge of the Persons from whom they came only you were pleased to mention the Lords Iustices and Councell there yet we are assured even by some who were of the Councell at that time when the Letters were written that the same was done only to presse for supplies from hence without the least intention in them of inducing a Cessation neither doe the Copies containe any thing tending to a Cessation or the least mention thereof And we have cause to grieve not onely at what your Lordships expresse concerning the complaints from Ireland and their great extremities but that the same being procured and increased by the Popish Party yet we should find such earnest endeavours to lay the blame and neglect therein upon the two Houses of Parliament here who have been so zealous for their reliefe and whose onely care under the blessing of God hath been their preservation and that in the heat of our owne miserable Distractions have continued their Supplies and from our owne great wants have not spared to afford our Brethren there the meanes of their subsistance The Protestants in Munster Connaught and Vister who opposed this Cessation were many of them English and both they
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
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
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
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
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
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
of the Scottish Foot and shall receive and obey the Orders and Instructions of the Commanders of the Scottish Army And that there shall be presently advanced the summe of twelve Hundred Pounds sterling for the Levying of a Troop of one hundred Horsemen in Scotland besides the Officers to be a Guard to the Generall of the Scottish Army Fifthly It is agreed That the Commanders and Souldiers of the Scottish Army shall have such Pay respectively as the Commanders and Souldiers of the English Army have according to a List presently agreed upon by the Commissioners of both Kingdomes As also that the Officers of that Army shall have such allowance for their Waggons as is contained in the said List Sixtly It is agreed That the Townes and Castle of Carickfergus and Colrayne shall be put into the hands of the Scottish Army to be places for their Magazines and Garrisons and to serve them for Retreat upon occasion And that the Magistrates and Inhabitants thereof shall be ordeyned to carry themselves to the Commanders of the said Army as is fitting and ordinary in such Cases And that the said Townes and Castle shall remain in the Scots hands untill the Warre shall end or that they shall be discharged of that service Like as the Commissioners for the Kingdom of Scotland do promise in the Puâ—lique Faith of that Kingdom to redeliver the said Townes and Castle to any having Commission from the King and Parliament of England as also the Commissioners for the Kingdom of England do promise in the name and on the Publique Faith of that Kingdom That Payment shall be made to the Kingdom of Scotland and their Army of all dues that shall arise upon this present Treaty and that when the Scottish Army imployed in the service of Ireland shall be discharged they shall be disbanded by Regiments and no lesser proportions and so may of them payed off as shall be disbanded and the residue kept in pay till they be disbanded Seventhly It is agreed that the Townes of Charickfergus and Colrayne shall by the Kingdom of England be with all expedition provided with Victualls necessary for Souldiers either in Garrisons or expeditions according to a List to be agreed on and Subscribed by the Commissioners of both Kingdoms And that such quantities thereof as the Scottish Army shall have occasion to use shall be sold unto them and bought by them at the severall Prices contained in the aforesaid List And also that the said Townes of Carickfergus and Colrayne shall be provided by the Kingdom of England with Powder Ball Match and other Ammunition for the service of the said Army conforme to the particular List to be condescended unto by both Commissioners and that Carts and Waggons shall be provided by the Kingdom of England for carrying of Ammunition for the use of the said Army in Marches As also that there shall be Gun-Smiths Carpenters and one or two Engineers appoynted to attend the Army and that hand Mils shall be provided to serve the Companies in Marches Eightly It is agreed that the Kingdom of England shall deposite two Thousand Pounds English money in the hands of any to be appoynted by the Scottish Commissioners to be disbursed upon accompt by warrant of the Generall of their Army upon Fortifications Intelligences and other Incidents so that there be not above the summe of two Thousand pounds in a yeare Imprested upon these occasions without particular and speciall warrant from the Parliament of England As also that there shall be deposited two Thousand and five hundred pounds English to be disbursed upon Accompt for the providing of a thousand Horses for the Carriage of the Artillery the Baggage and Victuall of their Army and for Dragooners upon occasion And likewise that the Scottish Army during the time of the Warre shall have power to take up such Horses in the Country as be necessary for the uses aforesaid Ninth It is agreed that the Inhabitants of the Townes and Villages in the Province of Vlster and in any other Province of Irâ—land where the Scottish Army shall be by it selfe for the time shall receive Orders from the Scottish Commanders And shall bring in Victualls for Money in an orderly way as shall be directed by them with Provision of Oates Hay and Strawe and such other Necessaries And that the Country People shall Rise and Concurre with the Scottish Troops when the Commanders thereof shall find it for the good of the Service and shall receive Orders and Directions from the said Commanders of the Scottish Army Tenth It is agreed that the said ten thousand men to be sent out of the Kingdom of Scotland shall goe in the way and order of an Army under their own Generall and Subalterne Officers And the Province of Vlster is appointed unto them wherein they shall first prosecute the Warre as in their Judgment they shall think most expedient for the honour of the King and Crowne of England And that the Commanders of the said Army shall have power to give Conditions to Townes Castles and Persons which shall render and submit themselves as shall be most expedient for the service according to the course of Warre Provided no Toleration of the Popish Religion be granted nor any condition made touching or concerning any of the Rebels Lands and that the Commanders â—f the Scottish Army shall be answerable for their whole deportment and proceedings to His Majesty and the two Houses of the Parliament of England only but shall from time to time give an accompt thereof to His Majesty the two Houses of the Parliament of England and to the Cheife Governour or Governours of Ireland for the time being that such Townes and Places as shall be recovered from the Rebels by the Scottish Army shall be at the disposing of the Commanders thereof during their aboade for that service in those parts where such Townes and Places are And if it shall be found for the good of the service that the Scottish Army shall joyne with the Kings Lievtenant of Ireland and his Army in that case the Generall of the Scottish Army shall only cede to the Kings Lievtenant of Ireland and receive in a free and honourable way Instructions from him or in his absence from the Lord Deputy or any other who shall have the Cheife Government of that Kingdome for the time by authority derived from the Crowne of England and shall precede all others and that he only shall give Orders to the Officers of his own Army And that the Armies shall have the right lefthand Vand and Reare Charge and Retreat successively and shall not mixe in Quarterings nor Marchings and when it shall be found fit to send Troopes out of either Army that the Persons to be sent out of the Scottish Army shall be Commanded out by their own Generall the Lievtenant of Ireland prescribing the number which shall not exceed the fourth part of the whole Foote of the Scottish Army nor of the
to perswade them into a beliefe that evill Counsellors and others prevalent with us did encourage and assist it By this means having a colour to raise Forces and to levy money for the supply of those Forces they might so dispose of both as under a pretence of suppressing the Rebells in Ireland they might thereby also raise a Warre in England for the effecting of their Ambitious and Covetous desires in both Kingdoms And they so carried on this designe that whereas out of Our earnest desire of the reliefe of Our poor Subjects in Ireland and to shew the great sence we had of their miseries We had given way to severall unusuall Bills for raising of Forces and likewise to the Bill for the 400000l for the adventurers and others for raising of Moneys which Moneys by those Acts were to be paid to particular Persons or otherwise out of the ordinary course and not into Our Exchequer as was usuall in like cases thence to be issued for publique use those supplies were diverted and imployed to feed and nourish a Rebellion in England rather then to suppresse that in Ireland Thus 100000l of the Adventurers Money was impâ—oyed for the Earle of Essex his Army when he first Marcht against us and that imployment of it though contrary to the expresse words of the Act which are that no part of that Money shall be imployed to any other purpose thâ—n the reâ—uâ—ing of those Rebels was publiquely justified by a Declaration made in the name of the House of Commons the 6th of September not long before the Battaile at Edge-Hill and at the same Bartaile severall Regiments of Horse and Foot raised for Ireland under the Command of the Lord Wharton Lord of Leny S Faithfull Fortescue and others were imployed against us at Edge-hill the moneys raised upon the Bill of 400000l others have been wholly made use of against Vâ— And it was impossible without thus working themselves under the specious pretence of suppressing the Rebellion of Ireland into the managery of that Warre and misapplying the ayds intended for Ireland to have brought this Kingdom into the bleeding and desperate condition wherein it now languisheth The Propositions concerning Ireland as they are insisted upon by these Commissioners though in charity we shall hope not so intended by all of them are apparently in pursuance of that originall designe in begetting a suspition of our integrity in that businesse of Ireland and ingrossing the managing of that Warre and the Power of that Kingdom into their hands They would have the Cessation which We have avowed to be assented to by Vs and advised as most necessary for the preservation of that Kingdom to tend to the utter destruction of the Protestants there and the continuance of the Ceslation there though but during the Warre here to be a countenancing of that bloudy Rebellion and We Our selves are charged to be privy and to give directions for the seising of some provisions made and sent for the supply of â—he Protestants in Ireland In the next place concerning the Warre there they demand that the prosecution of that Warre be setled in both Houses of Parliament to be managed by the advice of both Kingdoms of England and Scotland that is a Committee of both Kingdoms those of each Kingdom to have a negative voyce And all the Forces there to be under the Command of the Scotch Generall The Lievtenant and other great Officers and Judges there to be nominated by both Houses and that we should consent to passe all Acts to be proposed by them for the raysing of moneys and other things necessary for the prosecution of that Warre And notwithstanding all the zealous and patheticall expressions in those Papers desiring the continuance of that Warre and the execution of Iustice upon those Rebels It is not barely the prosecution of the Warre in zeale of Iustice that is desired that might be managed either by Vs whom God and the Law have entrusted solely with that power and whose Prâ—decessors have alone and without the concurrence of their Parliaments other then by competent assistance with Moneys suppressed great Rebellions in that Kingdom or by fit Ministers to be appointed upon just occasion to be removed by Vs They have not made any the least Proposition or desire to that purpose But they insist upon such a prosecution of the Warre wherein those who are in Armes against us may have the sole managing of the Warre and of moneys to maintaine that Warre even while they are in Armes against Vs. For the Cessation already made it is apparent it was the onely visible meanes whereby the Kingdome was preserved the poore Protestants there being in danger inevitably to have perished either by Famine for want of Food or by the Rebells for want of Ammunition there being not above Forty Barrells of Powder there as appears by the Letters of the Lords Iustices and Councell of Ireland mentioned by Our Commissioners and no supplies of Victualls or Money sent in six months time before those Letters although Our Ships were then taken away from Vs and all the Forces at Sea belonging to this Kingdom were under their command Neither could the not making voyd or declaring against that Cessation have hindered a Peace upon this Treaty if it had been intended really on their part it being to expire in March and so before the Treaty could probably have been perfected and there being no further Peace or Cessation made in Ireland And therefore Our Commissioners did earnestly desire them to make such Propositions as were fit to be consented to for the growth of the Protestant Religion and the good of that Kingdom But instead of such Propositions they still except against the Cessation and though expiring within a moneth they insist upon their demands of an Act of Parliament to make that Cessation voyd to which if We should have consented as We must have rendered our selves uncapable of being trusted at any time after and odious abroad in breaking that Cessation solemnely made by our publique Ministers of State in Ireland and after consented unto by our selves so we must have implicitely confessed contrary to the truth that which they alleadge against the Cessation that it was destructive to the Protestants there and a countenancing of that bloudy Rebellion and thereby having lost the Plea of our innocencie have also lost the hearts of Our people and rendred our selves guilty of those infamous slaunders which have bin charged upon Vs concerning the Irish Rebellion and which some were so willing to fix upon Vs that even during this Treaty when Mack Quire was impeached by them for this Rebellion for which he was by them after executed though they well knew confessions of men in his condition in hopes of Pardon or Reprives are not to be credited he was strictly examined concerning Vs as We are credibly informed whether or no We gave any Commission to the Rebels of Ireland or any assistance to them and if