of the doubts which may arise in many consciencious men who have been ordained by Bishops since that time which may seem to be likewise declared voyde by this Bill and so at least to discountenance all Acts which have insued by vertue of that Ordination and thereby many Questions may arise in Law concerning Marriages Legitimations and Descents of Inheritance and for many other reasons exprest in our Conference and Debate We conceive that your Lordships may be satisfied that this individuall Bill ought not to passe For the matter then of the said Bill The extirpation of Episcopacy we desire your Lordships to consider That it is evident and we conceive consented to on all parts that it hath continued even from the Apostles times by continuall Succession in the Church of Christ till within these few yeares without intermission or interruption and then how perilous a thing it must be and prejudiciall to the publique peace to remove and destroy a forme of Government so long exercised in this Kingdomâ—â—nd under which we have enjoyed as great a measure of happinesse to say no more as any Nation in Christendome and which your Lordships have not pretended to be unlawfull before wee particularly see the Modell of that Governement and Iurisdiction which is to be established in the place thereof That thereby we may be assured that it be such to which as well those who like as all those who dislike the present Governement will submit Otherwise Peace which is the maine end and pretence for Alterations cannot be established and therefore we very earnestly beseech your Lordships to consider and weigh whether without shaking Foundations it be not much better and more agreeable to Christian Prudence and Charity to remove those particulars from â—he present Government and make such alterations therein as may most probably give satisfaction to all persons seriously disturbed or afflicted in their Consciences Then by destroying the whole to give just Offence and Scandall to very many pious and Religious Persons Vnder these Considerations and for the Vniting and reconciling all Differences between Vs in the matter of Religion and procuring a blessed Peace We are willing That Freedome be left to all Persons of what Opinions soever in matters of Ceremony and that all the penalties of the Lawes and Customes which injoyne those Ceremonies be suspended That the Bishop shall exercise no Act of Iurisdiction or Ordination without the consent and counsell of the Presbyters who shall be chosen by the Clergy of each Diocesse out of the learnedest and gravest Ministers of that Diocesse That the Bishop keep his constant residence in his Diocesse except when he shall be required by His Majesty to attend Him on any occasion and that if he be not hindred by the infirmities of old Age or sicknesse he Preach every Sunday in some Church within his Diocesse That the Ordination of Ministers shall be alwayes in a publique and solemne manner and very strict Rules observed concerning the sufficiency and other Qualifications of those men who shall be received into Holy Orders and the Bishop shall not receive any into Holy Orders without the approbation and consent of the Presbyters or the Major part of them That competent maintenance and provision be established by Act of Parliament to such Vicarages as belong to Bishops Deanes and Chapters out of the Impropriations and according to the value of those Impropriations of the severall Parishes That for the time to come no man shall be capable of two Parsonages or Vicarages with Cure of Soules That towards the setling of the publique Peace one hundred Thousand pounds shall be raised by Act of Parliament out of the Estates of Bishops Deanes and Chapters in such manner as shall be thought fit by the King and two Houses of Parliament without the Alienation of any of the said Lands That the Iurisâ—iction in Causes Testamentary Decimall Matrimoniall be setled in such manner as shall seem most convenient by the King and two Houses of Parliament And likewise that one or more Acts of Parliament be passed for regulating of Visitations and against immoderate Fees in Ecclesiasticall Courts and the aâ—uses by frivolous Excommunications and all other abuses in the Exercise of Ecclesiasticall Iurisdiction in such manner as shall be agreed upon by His Majesty and both Houses of Parliament And if your Lordships shall insist upon any other thing which your Lordships shall think necessary for Reformation We shall very willingly apply our selves to the consideration thereof 13. February FOr the confirmation of the Ordinances concerning the LVII calling and sitting of the Assembly of Divines and the taking the Covenant We conceive neither of them need be insisted on if the alterations of Church-Government be agreed upon between Vs And if it be not it will not be reasonable that We consent to those Ordinances And for the Covenant We cannot advise His Majesty to Sweare and signe the same nor consent that an Act of Parliament should passe for enjoyning the taking thereof by His Majesties Subjects 13. February WEE doe not yet conceive that the Directory for LVIII publicke Worship delivered to Vs by your Lordships ought to be enacted Or that it is so likely to procure and preserve the Peace of this Kingdome as the Liturgy or Common Prayer-Book already established by Law against which we have not yet received from your Lordships any objections which Liturgy as the same was compiled by many learned and Reverend Divines of whom some dyed Martyrs for the Protestant Religion We conceive to be an Excellent Forme for the Worship of God and hath been generally so held throughout this Kingdome till within these two or three yeares at the most And therefore since there are no inconveniences pretended to arise from the Book of Common-Prayer to which we conceive the Directory is not more liable and since there is nothing commendable in the Directory which is not already in the Book of Common-Prayer we conceive it much better and more conducing to the Peace of this Kingdome still to observe the said Forme with such Dispensations as we have expressed in our first Paper now presented to your Lordships and if there shall be any Alterations proposed by your Lordships of such particulars in the Book of Common-Prayer as good men are scrupled at we shall willingly endeavour to give your Lordships satisfaction in those particulars But as yet can make no further or other Answer then we have already done But shall be ready to receive such Objections as your Lordships shall think fit to make against the Book of Common-Prayer and your Reasons for introducing the Directory And for the Proposition concerning Church-Government annexed to your first Paper We have no Information how that Government shall be constituted in particular or what Iurisdiction shall be established or by whom it shall be granted or upon whom it shall depend And therein also we desire further Information from your Lordships 13. February WEE
propounded unto your Lordships But we doe desire as before your Lordships Answers unto our Demands in the same order that we have proposed them not conceiving it reasonable there should be any time spent in debates or Answers upon what we shall hereafter offer till we have received satisfaction in our former Propositions which we desire may be speedily done least otherwise the Treaty be retarded and the Expectation of both Kingdomes altogether frustrated Notwithstanding this they delivered in this further Answer 11. February IN answer to your Lordships Paper this day delivered to us LII See no. 59. we desire that His Majesty doe give His Royall Assent to an Act of Parliament for the due observation of the Lords Day and to the Bill for suppressing of Innovations in Churches and Chappell 's in and about the Worship of God c. And for the better advancement of the Preaching of Gods Holy Word in all parts of this Kingdome And to the Bill against enjoying of Pluraliâ—ies of Benefices by Spirituall persons and non-Residency And we shall in due time give into your Lordships our Demands concerning Papists conteined in the sixth seventh eight ninth and tenth Propositions And for His Majesties Assenting to an Act to be framed and agreed upon in both Houses of Parliament for the regulating and reforming of both Vniversities of the Colledges of Westminster Winchester and Eton and for the Education and Marriage of His Majesties Children and the Children of His Heires and Successors in the true Protestant Religion as is in the 21th Proposition Some part of the 11th and the most part of the 12th of February was spent in Argument by Divines touching Episcopacy and the Presbyteriall Government Afterwards their Commissioners gave in this Paper 12. February THere having now been severall dayes spent in debate upon LIII the Propositions for Religion and all objections alleadged to the contrary either from Conscience Law or Reason being fully Answered and the time allotted for that so important a part of the Treaty almost elapsed we should be wanting to the Trust reposed in us if we should not presse and expect as we now doe a cleare and positive Answer to those Demands concerning Religion which we have offered unto your Lordships from the Parliaments of both Kingdomes as most necessary for the setling of a safe and welâ— groundâ—d Peace in all His Majesties Dominions The King's Commissioners Answer 12. February VVE deny that the objections alleadged by us against the LIV. passing the Bill for abolishing Episcopacy from Conscience Law or Reason have been fully Answered by your Lordships Or that indeed we have received any satiâ—faction from your Lordships in these particulars We have received no Information from your Lordships to satisfy us That Episcopacy is or hath been an impediment to a perfect Reformation to the * These words are in the preamble of the Bill presented by them for abolishing Episcopacy growth of Religion or that it is prejudiciall to the Civill State which we have often desired from your Lordships without effect and which are the Grounds upon which your Lordships propose the abolishing Episcopacy and we shall be very willing and are desirous to receive your Lordships reasons in these particulars And how short soever the time alotted is for the Treaty for which we cannot be answerable being not bound up in point of time by His Majesty as your Lordships say you are by your Instructions And we should be glad that the same might be enlarged proportionably to the importance of the things to be Treated on we should be wanting to the great Trust reposed in us if we should consent to those Demands as they are proposed to us by your Lordships otherwise then as they are agreeable to our Consciences and understandings And such an Answer your Lordships shall receive from us to your Demands concerning Religion upon which we hope a safe and well grounded Peace by the blessing of God may be established Their Paper 13. Feb. WE did assure our selves That after so many dayes debate LV. concerning Religion and our removall of what ever objections have been offered by your Lordships and our making it appeare how great a hinderance Episcopall Government is and hath been to a perfect Reformation to the growth of Religion and prejudiciall to the Civill State That your Lordships would have been ready to have answered our expectation with the Grant of our Demands but if still your Lordships remaine unsatisfied we conceive it cannot with any Justice be imputed unto us and therefore we againe desire your Lordships full and cleare Answer to what we have delivered unto you concerning Religion Vpon this last Paper and after the severall debates between the Commissioners and Arguments by the Divines and considâ—â—ation had of all that had been delivered concerning Religion His Majesties Commissioners gave in these foure Papers following 13. Feb. WE are not yet satisfied that the Bill insisted on by your LVI Lordships which remaines in His Majesties hands for the utter abolishing of Arch-Bishops Bishops Deanes and Chapters c. ought to be enacted believing it not to be agreeable to Conscience and Iustice to alienate the Lands therein mentioned to Lay-uses and not understanding that the alienation thereof is necessary at all to the Reformation of Religion Besides that there is no certaine provision made for any of those who are now legally vested in those possessions whereby they and their Families shall be in evident danger of want of bread and it appearing by your Lordships Propositions which relate See before in the margin to the Paper no. 44. to the Articles of the late Treaty of the date at Edinburgh 29. of Novemb. 1643 and the joynt Declaration of both Kingdoms to which you require our Assent as well as to the Bill that part of the Church-land may be after the passing this Bill assign'd to other uses then is exprest in the said Bill Vpon these considerations and upon your debate which hath passed between us upon this Bill whereby it hath appeared that there would be so great an Alteration in the Civill State by this Bill being enacted in the failer of Iustice at the Common-Law and otherwise in many severall particulars of great importance to the Subjects of this Kingdom which for ought appeares to us is not yet provided for And that by a particular * See that Clause in the Bill in the Appendix no. 3. at this marke †Clause in the Bill His Majestie ancient and undoubted power of the Ecclesiasticall Iurisdiction is wholy taken away Besides it may be very considerable what inconveniences would ensue by the passing this Bill now which looks back and is to begin from November was twelve month whereby all those Acts of Iurisdiction exercised by Bishops since that time are already voyde which would produce great inconveniences and mischiefes touching the probates of Wills and Administrations throughout the Kingdome not to speak
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
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
alterations that are desired since in an Argument of the greatest weight and highest importance we cannot possibly give a present Iudgement of any part till we have a prospect of the whole But since your Lordships doe not yet think it time to let us have a sight of the rest but first desire our Answer to the * See before N o 31. paper delivered yesterday which contains many particulars of which we never heard before We shall apply our selves to understand the things proposed by you in such manner as we may returne your Lordships a speedy answere And to that purpose must desire your Lordships information in some particulars which are comprized in your Lordships paper And when your Lordships consider that the * The Directoâ—y which was delivered in is of great length the Covenant delivered with it both now Printed and obvious are therefore forborne to be inserted here or in the Appendix Directory for Worship being so long was delivered to us but yesterday That the Covenant the Articles of the Treaty of Edinburgh the Declaration of both Kingdomes which â—re comprehended within the first Proposition were delivered to us but this day and therefore we could returne no Answer concerning the Bill for abolishing Arch-Bishops and Bishops which is proposed to be passed according to the third Proposition in which the said Articles and Declarations are comprehended and that the Ordinances for the Sitting of the Assembly are not yet delivered unto us We are confident your Lordships will not think us negligent in making as good a progresse in the Treaty upon Religion as is in our Power which we shall indeavour to advance with all diligence and the best of our understanding Afterwards the same first of February the * See them in the Appendix n o 5 6. Ordinances for the Assembly of Divines were delivered in After some debate touching the nature of the Church Government intended by the Paper annexed to the first Paper upon the subject of Religion which are here before set downe The Kings Commissioners delivered in this following Paper 1. Feb. THe information we desire from your Lordships for the XXXIX present is Whether by the words in the first of those Propositions in your Lordships paper annexed the respective bounds of their dwellings you intend the severall bounds of their dwelling houses or the bounds of Parishes or whether you intend an alteration of the bounds of Parishes In the second Proposition what other Church-Officers your Lordships intend shall joyne with the Ministers in the Government of the Church and what jurisdiction they shall exercise in Order to that Government and from whom they shall derive it and in what degree be subordinate to the power from whom they derive it And what you intend by Presbyteriall Government in your third Proposition In the fourth Proposition what your Lordships intend by Congregationall Classicall and Synodicall Assemblies How Synodicall Assemblies â—rovinciall and Nationall shall be constituted as to persons and causes and what shall be the bounds and limits of their Iurisdiction and from whom the severall Iurisdictions above mentioned shall be derived To these particulars we would be glad iâ— your Lordships think it fit to receive satisfaction by debate where Questions may be asked and replyes made before any answer be returned in writing which may aske much time and be lesse satisfactory but we referre the way to your Lordships Their Answer 1. Feb. VVEE cannot but be sensible of the great losse of time occasioned XL. by your Lordships Questions for information in your last Paper and shall have small hopes of good successe in this Treaty having these two daies made so little progresse unlesse your Lordships be pleased to give us full answers to our demands concerning Religion Yet to give all satisfaction with as little expence of time as may be we are ready by present conference to cleer the Questions in your Paper The King's Commissioners Reply in two severall Papers next following 2. Feb. VVEE conceive there was no cause your Lordships XLI should apprehend any losse of time occasioned by our Questions for that your Propositions concerning Religion were not delivered to us till Friday last And the Directory then delivered with them so long that the reading of it spent the residue of that day and diverse other Papers to which the Propositions referred without which we could not consider them were not deliverd us before yesterday and some of them not till after the Paper which imputes a delay to us and your Lordships having propounded only generall heads of a Presbyteriall government without any particular Modell of it which in severall Reformed Churches as we are informed is various both in names and Powers it was necessary to understand the particular expressions in your paper the alteration desired being so great and being proposed to be enacted which will require His Majesties consent whom we ought to satisfy having so great a trust reposed in us And we desire your Lordships to consider how impossible it hath been for us to give your Lordships in lesse then two daies a full answer which in your last Paper you require to what you propose which is in effect to consent to the utter abolishing of that Government Discipline and publique Forme of the Worship of God which hath been practized and established by Law here ever since the Reformation And which we well understand and the Alteration of which in the manner proposed takes away many things in the Civill Government and provides no remedy for the inconveniences which may happen thereby And to consent to the Alienation of the Lands of the Church by which for ought appears besides infinite other considerations so many Persons may be put to begge their bread to oblige His Majesty and all His Subjects to the taking a new Oath or Covenant and to receive and consent to a new Government we do not nor without information cannot understand And which in truth appears to us by your Lordships Propositions not to be yet agreed upon in the particulars And your Lordships having declared to us that you have other things to propose to us concerning Religion which you doe not yet think it fit time to acquaint us withall Notwithstanding all which difficulties we shall proceed with all possible expedition and desire your Lordships will not object delayes to us till we give you just occasion February 2. THat we may make a right use of the Information your XLII Lordships were pleased yesterday to afford us in Debate upon the Questions proposed by us concerning the Propositions in your Lordships paper annexed for the future Governement of the Church and so have some understanding of that Governement intended by your Lordships in place of that you propose to be abolished we desire to receive your Lordships answer in writing whether these short Collections upon the Debate yesterday be the Summe of your Lordships Resolutions or Informations
Scotland the which for the present we have not had time to do having wholy spent these three dayes in the perfecting the paper delivered to your Lordships this day and the debates in preparation thereof And at the same time their Commissioners delivered in this Paper 6. Feb. YOur Lordships paper which we have received so late at the LXXXVI end of the third day appointed to Treat upon the Militia on which we expected a satisfactory answer to our demands concerning it is very far differing from what we have proposed and unsatisfactory to our just and necessary desires for securing the Peace of the Kingdoms and wherein we cannot but observe that the Kingdom of Scotland is wholy omitted We do therefore insist upon our paper formerly delivered concerning the Militia and desire your Lordships full and cleare answer being ready by conference to remove all obiections which may be made to the contrary The King's Commissioners Answer thereupon 6. February WE conceive the paper delivered by us to your Lordships LXXXVII may justly satisfie your Lordships for the secureing the Peace of this Kingdome against all Forces that may any wayes endanger it at home or from abroad for securing the performance of all things that shall be agreed in this Treaty and we are ready by Conference to make the reasonablenes thereof appeare and to receive any reasons from your Lordships to the contrary And as touching Scotland we hope your Lordships will be satisfied by the last paper we delivered to you Their Paper 6. Feb. IN our last Paper we insisted upon our former demands for the LXXXVIII Militia and offered by Conference to satisfie your Lordships of the reasonablenes of them if any doubts remained with you to the contrary which we are still ready to doe they being the proper subject of this part of the Treaty And whereas your Lordships have in your Paper referred what concernes the Kingdom of Scotland unto another time and seemes to intend it a severall answer both Kingdoms being united in the same cause and under the same danger and mutually providing for the joynt safety and security of both and each other our Propositions are joyntly made by both and are inconsistent with a divided answer The King's Commissioners Answer 6. Feb. WHereas your Lordships have offered in your last paper LXXXIX to satisfie us by Conference of the reasonablenes of your demands if any doubts remaine with us to the contrary We desire to receive satisfaction by Conference that it is reasonable for us to grant the nomination of the persons by the two Houses only and that the time ought not to be limited Their Paper 6. Feb. AS we have given to your Lordships our Propositions for the XC Militia of both Kingdoms in writing so do we again desire your Lordships full and clear answer to them both in writing and we are ready to answer any doubts you shall make upon them in order as we delivered them and as they do relate to both Kingdoms but we cannot Treat upon your Lordships answer which divides them The three first dayes allotted for the Treaty upon the Militia being spent and that subject resumed upon Fryday the 14 Saturday the 15 and Monday the 17 of February In those dayes diverse Papers were delivered and some debates had touching the nomination of the Persons who were to be entrusted with the Militia whether they should all be nominated by the two Houses only and touching the time how long they should have it and whether the same should be unlimited as it was in the Propositions or be limited to a certain time as likewise concerning the Powers of the English and Scottish Commissioners for the Militia which are so intermingled in the Propositions that it was not well understood upon the Propositions how far the Commissioners of one Kingdome and their power might extend unto and have influence upon the other the one upon the Government of the other and concerning some other passages having relation to the Militia which would be intricate if they shâ—uld be set downe in the order of time as they were delivered and because sometimes diverse papers were delivered together therefore they are here placed according to their distinct matters And first touching the nomination of Persons and limitation of the time The King's Commissioners delivered in this Paper 14. Febr. IF your Lordships are not satisfied with the * See no. 84. Papers delivered XCI to your Lordships by us on the 6. of February concerning the Militia as farre as the same concernes this Kingdome we desire according to your Lordships offer in your * See no. 86 88. first and second Paper delivered to us the sixth of February that your Lordships will satisfie us of the reasonablenesse of your demands and that the nominating of the Persons ought to be by the two Houses only and that the time ought not to be limited Their Answer 14. Feb. BY your Lordships Paper received this day we apprehend XCII your desire to proceed in the Treaty upon the Propositions for the Militia as farre as the same concernes this Kingdome without any mention of the Kingdom of Scotland In answer whereunto we referre your Lordships to a former Paper of the 6. of February instant whereby we desired your full and clear answer to our Propositions for the Militia of both Kingdoms in order as we have delivered them and as they doe relate to both Kingdoms and that we could not Treat upon your Lordships answer which divides them We still insist on that Paper and when your Lordships shall be pleased to give an answer thereunto we shall be ready to cleare any doubts which may remaine with your Lordships The King's Commissioners Reply 14. Febr. VVE doe desire to proceed in the Treaty upon the Proposition XCIII for the Militia as the same concernes both Kingdoms joyntly as well as either of them severally neither is the contrary expressed as we conceive in the Paper delivered by us to your Lordships this day But we cannot reasonably Answer to them as they concerne one or both Kingdoms before we receive satisfaction from your Lordships of the reasonablenesse of your demands which your Lordships were pleased to promise us by two of your Papers of the sixth of February and which we againe desire of your Lordships concerning the Persons and the time conceiving it unreasonable that all the Persons shall be nominated only by the Houses and that the time should be unlimited Their Answer 15. Feb. VVEE have formerly desired your Lordships answer to XCIV the Propositions for the Militia in order as we delivered them and as they doe relate to both Kingdoms and not to give any Answer which shall divide them Yet we observe in the matter of your Lordships * See the Paper intended no. 105. third Paper yesterday received that you desire satisfaction in the Particulars there mentioned as the same concerne
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
Armies being first disbanded His Maiestie may with honour freedom and safety be present with his two Houses of Parliament at Westminster To which two particulars that is first concerning the Disbanding all Armies and then for His Majesties speedy repayre and residing at VVestminster with Honour Freedom and safety We shall if your Lordships think fit apply our selves and accordingly to morrow will be ready to deliver to your Lordships some Propositions upon that subject And if your Lordships shall concurre with us herein we hope it will be a good inducement to procure an addition of time to this Treaty according to His Majesties Proposition in his late Letter to Vs which we delivered to your Lordships Their Paper 20 Feb. VVE shall according to mutuall agreement between His Majesty CX CII and the two Houses of the Parliament of England and the Commissioners for the Parliament of Scotland Treat these two remaining dayes upon the three Propositions for Religion the Militia and Ireland and shall be glad to receive satisfaction in them from your Lordships as the best expedient for procuring a speedy and blessed Peace that the Armies may be disbanded and the happinesse of His Maiesties presence may againe be enjoyed by those who have nothing more in their prayers and endeavours then by His Maiesties coniunction with his Parliament to see all these sad differences composed and these distracted Kingdomes restered to their Ancient happinesse and security Accordingly we shall be ready to begin againe to morrow upon the Propositions for Religion and receive what your Lordships will propose and being satisfied upon that and the other two Propositions we are confident we shall have further time given us to Treat upon such other particulars as shall be necessary for the attaining of those ends we all desire There was no other Answer given concerning His Majesties Commissioners desire to Treat touching His returne to Westminster and Disbanding Armies whereupon His Majesties Commissioners delivered this Paper 20. February VVE conceive that the reasons why your Lordships doe CXCIII not give us any Answer to our Paper concerning the Treating for the disbanding all Armies and for His Majesties comming to Westminster may be because you have no authority by your Instructions so to doe though we proposed the same to your Lordships and doe still conceive it most conducing to the conclusion of the Propositions upon Religion the Militia and Ireland upon which we have Treated And we therefore desire your Lordships that you will endeavour to have your Instructions so enlarged that we may Treat upon so important and necessary an expedient for the publique Peace In the mean time we shall be ready to receive whatsoever your Lordships please to propose in the businesse of Religion presuming that if your Lordships are not satisfied with our Answer therein in which we have applyed remedies to whatsoever hath ever been complained of as a grievance in the present Government of the Church that your Lordships will make it appeare * See their Paper no. 68. referring to this that the Government by Bishops is unlawfull or that the Government you intend to introduce in the roome thereof is the only Government that is agreeable to the word of God either of which being made evident to us we shall immediately give your Lordships full satisfaction in that you propose The King's Commissioners Paper 22. February BY our paper delivered to your Lordships 1. February we CXCIV did desire to know whether your Lordships have any Instructions concerning His Majesties Propositions for setling a safe and well grounded Peace And by our paper of the third of Feb. we did desire to know whether your Lordships had received any Instructions concerning that Proposition of His Majesty for a Cessation and if your Lordships had not received any that you would endeavour to procure authority to Treat thereupon And by our Paper of the 10th of Feb. we did desire to know whether your Lordships had received any Instructions concerning His Majesties Propositions that we might prepare our selves to Treat upon them when your Lordships should think fit And by our paper delivered to your Lordships 14th Feb. we moved your Lordships upon directionâ— received from His Majesty that you would endeavour to procure an addition of time for this Treaty after the expiration of the dayes limited for the same upon the reasons mentioned in His Majesties Letter which Letter we then delivered to your Lordships And by our Paper delivered to your Lordships the 20th of this month we moved your Lordships to endeavour an addition of time for this Treaty after the expiration of the dayes limited for the same upon the reasons mentioned in His Maiesties said Letter to which we have not yet received full Answer Nor have we yet had any notice from your Lordships whether the two Houses of Parliament have given any further time for this Treaty And having hitherto according to the order prescribed us Treated onely upon the three first heads of Religion the Militia and Ireland and the twenty dayes expiring this day we againe desire to know whether there is any addition of time granted for this Treaty our safe Conduct being but for two dayes longer Their Answer 22. Feb. YOur Lordships Papers of the first third and tenth of Feb. CXCV. whether we had any Instructions concerning His Majesties Propositions and power to Treat for a Cessation as also your Papers of the 14 and 20th of Feb. concerning His Majesties Letter for an addition of time to this Trenty with your Lordships desire thereupon have been by â—â— sent up to both Houses of Parliament from time to time as we received them together with our Answer given to them and in our Answers we have from time to time declared to your Lordships that when the Houses shall be satisfied in the good progresse of the Treaty upon their Propositions concerning Religion Militia and Ireland they will give an addition of time for the Treaty And we doe conceive that if your Lordships Answers to our Demands concerning Religion the Militia and Ireland had been such as to have given satisfaction in the good progresse of this Treaty mutually consented for twenty dayes upon the said Propositions we should have before this been enabled with power to continue the Treaty aswell upon his Majestie 's as the rest of the Propositions But your Lordships having not given full and satisfactory Answers concerning Religion the Militia and Ireland you cannot for the reasons above mentioned expect an addition of time neither have we received any Instructions to continue this Treaty longer then the twenty dayes of which this is the last And as for your Lordships safe Conduct we conceive the three Sundayes last past being not accompted any dayes of the Treaty so this next Sunday is not to be esteemed one of the two dayes allowed after the Treaty in your Lordships safe Conduct but your Lordships are to have two dayes besides this next
the Militia 6. February TO suppresse any Forces that may be raised to the disturbance LXXXIV of the publique Peace of the Kingdom or that shall invade this Kingdome 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 And that His Majesty and all His People may be secured from the Iealousies and apprehensions they may have of danger We do consent that all the Forces of the Kingdome both by Sea and Land shall be put into the hands of Persons of knowne faithfulnesse to the Religion and Peace of the Kingdome in such manner and for such time as is hereafter mentioned That the number of those persons be Twenty or if that be not accepted by your Lordships such greater or lesser number as shall be agreed upon between us And that His Majesty may name halfe the persons to be so entrusted and the two Houses the other halfe That such Forts and Townes in which Garrisons have been before these Troubles and such other as shall be agreed upon between us to be necessary for a time to be kept as Garrisons shall be entrusted likewise to persons to be chosen by the Commissioners or the major part of them to be subordinate to the said Commissioners and to receive orders from them and no others And all other places which have been Fortifyed since the beginning of these Troubles shall be left as they were before and the Fortifications and Works slighted and demolished And all Forces with all possible expedition to be disbanded that the Kingdome may be eased of that intolerable burthen That an Act of Parliament shall be passed for the raising of such Moneys for the maintenance of the Navy and Sea-Forces as His Majesty and both Houses shall think fit That when any of the said Commissioners shall dye who was nominated by His Majesty His Majesty shall name another And when any shall dye of those named by the two Houses another shall be chosen by them and in the intervalls of Parliament by the major part of the said Commissioners named by the two Houses and neither the one or the other to be removed but by the joynt consent of His Majesty and both Houses except it shall be desired by your Lordships that His Majesty and the two Houses respectively may remove the respective persons named by them as often as they shall see occasion to which if it shall be insisted on we shall consent These Commissioners or the major part of them or such other number of them as shall be agreed upon shall have power by Act of Parliament to suppresse any Forces raised sitting a Parliament without the joynt consent of His Majesty and both Houses of Parliament or in the intervalls of Parliament without consent of the said Commissioners or the major part of them to the disturbance of the publique Peace of the Kingdom and to suppresse any Forces that shall invade the Kingdome And it shall be High Treason in any who shall leavy any Forces without such authority or consent to the disturbance of the publique Peace That they shall have like power 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 And if any Forces shall be brought into the Kingdom without the joynt consent of the King and the two Houses of Parliament it shall be lawfull for any foure of the said Commissioners to leavy Forces for the suppressing resisting and destroying of the said Forces so brought in We are content that this power to such Persons shall continue for the space of three yeares which we doubt not but by the blessing of God will be abundantly sufficient to secure all persons from their doubts and Feares and in which time such a mutuall confidence may be begot betwixt His Majesty and all His People that the peace will be firme and lasting That the Commissioners before their entrance upon the said Trust shall take an Oath for the due execution of the said Commission and that after the expiration of the said terme of three yeares from the time of the issuing the said Commission they shall not presume to continue any execution of the said authority and it shall be high Treason in any of them to execute the said authority after the expiration of the said three yeares And all the Commanders in chiefe of the Garrisons Forts and His Majesties Ships shall likewise take an Oath for the due execution of their Trust That the Commissioners shall have power to prevent the violation of the Articles of Peace or any troubles arising in the Kingdome by breach of the said Articles and to heare and determine all differences that may occasion the same We shall be willing that any just Priviledges and Immunities be granted by His Majesty to the City of London as being the chiefe City of this Kingdome and the place His Majesty desires to Honour with his most usuall and most constant Residence But we conceive it too envious a thing and may prove very prejudiciall to the happinesse of that great City to distinguish it in a matter of so high importance as the businesse of the Militia from the Authority that the whole Kingdome is to submit to If your Lordships shall not consent to the election of persons in that manner as we have proposed halfe by His Majesty and the other halfe by the two Houses we doe then propose to your Lordships that the said persons who shall have the said powers in manner and forme above mentioned may be named by mutuall consent upon debate between us in which consideration may be taken of the fitnesse or unfitnesse of those who shall be named And in case that any of them who shall be thus agreed upon shall dye within the said terme of three yeares the survivors or the major part of them shall nominate and chuse another in his place who shall be deceased This way we should most have desired but in regard the consideration of persons may take up a long time in debate which neither the time allotted for the Treaty nor the present distractions will permit we do propose the former as the most expedite and certain way but leave the election to your Lordships And whatsoever shall be found deficient in the setling this according to the present agreement or shall be thought fit to be added to it upon any inconveniencies or defects that shall be hereafter discovered the same shall be mended or supplyed in such manner as shall be thought reasonable by the joynt consent of His Majesty and the two Houses of Parliament After which the King's Commissioners delivered in this paper 6. Februray WE shall be ready against the time that the Militia is again LXXXV in order to be Treated upon to give your Lordships an answer to your demands concerning the Militia of the Kingdom of